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<fn>GOV-ZA.10199En.2012-02-10.en.txt</fn>
Waste Management Activities require an additional, separate application for a Waste Management Licence.
In June 2010, the National Minister for Water and Environmental Affairs, Minister Buyelwa Sonjica, promulgated the new Environmental Impact Assessment (EIA) Regulations 2010 in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998) ("NEMA"). Since this promulgation, further amendments had been incorporated in consideration of recently published Correction Notices (July and December 2010 respectively).
EIA procedures (Government Notice No. R.
Listing Notice 1 (listing activities for which a Basic Assessment process be conducted) (Government Notice No. R.
Listing Notice 2 (listing activities for which a Scoping/EIR process must be conducted) (Government Notice No. R.
Listing Notice 3 (listing activities and sensitive areas per province, for which a Basic Assessment process must be conducted) (Government Notice No. R.
Environmental Management Framework regulations (Government Notice No. R.
These regulations came into effect on 02 August 2010 (Government Notice No. R. 660, R. 661, R. 662, R. 663, R. 664 and R. 665 in Government Gazette No. 33411 of 02 August 2010). The EIA regulations 2010 replace the EIA regulations that were promulgated in 2006 and also introduce new provisions regarding environmental impact assessments as well as regulations regarding environmental management frameworks ("EMFs").
The transitional arrangements as stipulated in Chapter 9 of the NEMA EIA Regulations (GN No. R.
The Department's guideline on transitional arrangements (August 2010) as contained in the Department's Environmental Impact Assessment Guideline and Information Document Series.
Application form in terms of regulation 12 of GN. No. R. 543 of 18 June 2010. Be advised that the application form applies to activities specified in Listing Notices 1, 2 and 3 as per GN. No R. 544, R. 545 and R. 546 of 18 June 2010.
Generic Projects Schedules for Basic Assessment and Scoping-EIR. A proposed project schedule must be appended to every Application Form for Environmental Authorisation (as well as an application for a Waste Management Licence and application for an Atmospheric Emissions Licence).
Basic Assessment Report (to be completed for applications where activities from Listing 1 (GN. No R. 544 of 18 June 2010) and Listing 3 (GN. No R.
Application for Exemption in terms of section 24M of NEMA as well as regulation 50 of GN. No. R. 543 of 18 June 2010.
Application for Amendment in terms of regulation 39 of GN. No. R.
Notice of Intent to Appeal form in terms of regulation 60 of GN. No. R.
Appeal form in terms of regulation 61of GN. No. R. 543 of 18 June 2010.
The Department's Environmental Impact Assessment Guideline and Information Document Series have been updated in accordance with the NEMA EIA Regulations 2010 and are dated August 2010.
<fn>GOV-ZA.101previewonamatholedistrictmunicipalityEn.2012-02-10.en.txt</fn>
The Deputy President of the Republic of South Africa, Ms. Phumzile Mlambo-Ngcuka, accompanied by Cabinet Ministers, will visit the Amathole District in the Eastern Cape province on Saturday, 3 December 2005. This is part of the Municipal Izimbizo programme, an integral part of Project Consolidate, and will focus specifically on interacting with elected representatives in local government, senior municipal officials and members of Ward Committees.
Amathole District is home to the capital city of the Eastern Cape, Bhisho. It includes parts of the former Ciskei and Transkei as well as former Cape Provincial Administration areas. The port city of East London is also situated in Amathole District.
The District accounts for 25,9% of the Eastern Cape's population. Amathole has 1,7 million people most of whom are found in the former Transkei and Ciskei areas. Women are in a majority in the District standing at 53,6% while men make up 46,4% of the general population. The District is characterised by an increased trend towards urbanization, however this is not matched by a similar trend in economic development.
The education levels are low with 46% of the population who have no schooling, or who only have primary schooling.
A high proportion of the people aged between 18 and 65 are economically inactive. A number of economic development initiatives have been put in place since 2000. These include the upgrading of Sisa Dukashe Stadium and the Highway Taxi Rank.
Three local municipalities in the District, namely: Buffalo City, Mnquma and Mbashe have been identified as requiring support under Project Consolidate.
<fn>GOV-ZA.102109sedaarpretationEn.2012-02-10.en.txt</fn>
Mr. J Ravjee Acting Executive Manager: STP 012 441 1202
Mr. L Njenge Senior Manager: Strategy and 012 441 1432
199,830 potential and existing small businesses accessed Seda's network (7.
<fn>GOV-ZA.10210En.2012-02-10.en.txt</fn>
The Information Services unit of the Department of Environmental Affairs and Development Planning offers an information service to internal and external clients through its Spatial Data Division.
The data catalogue consists of various spatial datasets in Shapefile format, covering various geographical features in the Western Cape. These are categorised for easy reference.
The spatial datasets are obtained from various sources and are available free of charge on written request. It will be made available on a compact disk (CD) in exchange for a blank CD, with the signing and handing in of a Spatial Data Agreement Form.
The Sub-Directorate offers a mapping service, which covers the Western Cape.
Maps must be paid for in cash or by cheque. Cheques must be made out to the Department of Environmental Affairs & Development Planning before delivery can take effect. Maps should be collected at the Sub-Directorate Information Services, 4 th Floor, Leeusig Building, 4 Leeuwen Street, Cape Town, or alternative delivery arrangements can be negotiated.
The Department wishes to share spatial information as widely as possible, but cannot be held responsible for any errors that may occur in the provided datasets. These datasets may not be sold in any form to any other body, institution or company outside your organisation.
Fax: 021 483 4185 ajvdmerw@pgwc.gov.
<fn>GOV-ZA.1026tbEn.2012-02-10.en.txt</fn>
The Department of Health with input from other departments in the Interdepartmental Committee on HIV/AIDS has prepared the following draft guidelines on PWA disclosure.
The aim of this document is to provide guidelines on how deal with disclosure where persons working in Government Departments have chosen to voluntary disclose or partially disclose their positive HIV status.
Despite more than one fifth of South Africa's population being infected with HIV, HIV/AIDS is still a highly stigmatised disease. To date only a small minority of people who know that they are infected with HIV have chosen to disclose their status. Stigma and discrimination make it necessary to put strategies in place, which promote openness around the disease. Such strategies include the promotion of a supportive environment, voluntary testing, counselling and support.
Any breach in confidentiality related to HIV and pressurising HIV positive employees to disclose can increase stigma and discrimination. Such strategies are counterproductive to the promotion of openness.
The following are extracts of the Department of Labour Code of Good Practice: Key Aspects of HIV/AIDS and Employment, December 2000. This code provides broad and general guidelines to employers on how to manage HIV/AIDS at the workplace.
(5.3,10) " In accordance with both the common law and Section 14 of the Constitution of South Africa Act, No 108 of 1996, all persons with HIV or AIDS have a right to privacy, including privacy concerning their HIV or AIDS status. Accordingly there is no general legal duty on an employee to disclose his or her HIV status to their employer or other employees."
(7.2.2) "Where an employee chooses to voluntary disclose his or her HIV status to the employer or to other employees, this information may not be disclosed to others without the employee's expressed written consent. Where written consent is not possible, steps must be taken to confirm that the employee winches to disclose his or her status."
Disclosure is not a single step.
At the beginning of this process a person who is infected with HIV starts speaking about his/her status with another trusted person who is usually requested to treat this information with the highest level of confidentiality.
Once trust is gained and the PWA becomes more self secure in dealing with his/her condition, the circle of friends who are informed will be widened.
A person living with HIV needs to be reasonably confident and operate in a protective environment to be able to disclose his/her HIV status at the workplace.
The next level of disclosure would be to even wider groups such as community gatherings at HIV awareness events.
Disclosure in on electronic media, particular television. Requires the greatest level of confidence and a secure personal environment. Once appearing on TV the person concerned must assume that potentially everybody he/she meets in future may know of his/her HIV status.
Not every person living >openly= with HIV is willing or able to cope with such wide publicity.
Something said can never again be unsaid. The risk associated with disclosure is that of stigma and discrimination. Stigma and discrimination is more than explicit rejection. Any form of unnatural behaviour, including insensitive curiosity, uninvited and unwelcome compassion and comforting can be experienced as stigma. A person infected with HIV may not be prepared to confront his/her condition at all times. A person infected with HIV may not define himself/herself as a sufferer in need of pity of relative strangers. A person living with HIV may not be prepared to be an educator to his compatriots at all times.
The stigma experienced by a PWA can potentially also be experienced by his/her partner, child, family and friends. For example: A person living openly with HIV may be able to speak freely about the infection but his/her child may be teased at school. A partner of an openly HIV positive person may not want to be confronted about his/her relationship.
Disclosure by a third party (for example when a Government official informs a group about the HIV status of another person) means that, that third party does not have to deal with the consequences of the disclosure. Third party disclosure potentially oversteps the comfort level of the PWA concerned.
If any member of staff has information related to the HIV infection of another employee, this information has to be treated with the highest level of confidentiality.
The principle of confidentiality also applies where a staff member voluntarily disclosed his/her HIV status to some of his/her colleagues. It cannot be assumed that a person who discloses his/her HIV status to some people gives his/her consent for disclosure to other people.
Any process of disclosure should be led by the PWA concerned and not by any other official of the Department.
Where another official intends to speak about the HIV status of a PWA, the written or otherwise specific expressed consent of the PWA concerned is required. This consent is to be obtained ahead of time of the event at which the disclosure should take place.
Disclosure to external stakeholders, the community and the media requires the written or otherwise specific expressed consent of the PWA concerned.
<fn>GOV-ZA.102754097En.2012-02-10.en.txt</fn>
Ladies and Gentlemen.
Thank you for inviting us to this special occasion. An occasion which not only gives birth to a very significant initiative, but also provides evidence of high level commitment by the Minister of Public Enterprises and her Department to human resource development.
When Minister Sigcau delivered her budget speech to parliament earlier this year, she made a commitment to focus her energies on the development of the human resource potential within all the public enterprises. It is the firm view of this government that state-owned corporations can and must play an important role in the development of much needed high levels skills among our people.
Today we are gathered here to witness and launch an initiative which the Minister promised. This initiative derives from our firm belief that training and skills development is one of the key ingredients necessary to enable those denied opportunities by apartheid to contribute to their own liberation and, indeed the transformation South Africa.
Placing public enterprises at the centre of this initiative, can only re-affirm government's determination to empowering our people, Programme 2000 will involve all the parastatals falling under the public enterprise ministry and will focus on the development of a core of managers who will make a meaningful impact in their work environment.
The response from some of the companies has been overwhelming with ESKOM announcing that they will send another 30 candidates on the programme, Spoornet has identified 35 candidates who have graduated from their own in-house training and development programme, SABEP, Alexkor has risen to the challenge and has identified 5 candidates. We understand that a number of other companies are seriously considering identifying people with potential to join the programme.
I am even more delighted to note that some of the top executives managing state enterprises will be joining the unique Warwick University Doctorate Programme. The drive and commitment from all concerned is certainly encouraging and the fact that top managers are taking on the challenge to better equip themselves must be a signal for all managers who have the aspiration of taking their organisations and this country into the new millennium to enrol with the programme.
When I was first appraised of this initiative I was immediately struck by the fact that we had not attempted to reinvent the wheel, but that the Minister and her team had taken a look at the models used by developing countries in meeting the challenge of developing people who can make a contribution to their work environment in a short space of time. The accent is on time and relevancy and not on sending people on programmes just for the sake of satisfying communities that something is being done on the training front.
We are confident that with a partner like Professor Bhattacharyya, the developer of the unique integrated Manager Development Programmes at the University of Warwick, this programme will contribute significantly to our human resource capabilities. We are pleased that Professor Bhattacharyya is very confident about this programme and has accordingly guaranteed that candidates from his programmes will add value and change the fortunes of their organisations.
What we have uncovered as we examined the Manager Development Programme, is a model which has made a singular contribution to the development of companies and countries in major centres around the world. It has been used as one of the major drivers of the Malaysian, Hong Kong, Thailand, Indian and more recently Chinese economic miracles.
Even in South Africa we are hearing stories of significant developments in several companies, where candidates on the Warwick programmes are not only growing more and more confident in their ability to manage in their own environments, but that there is emerging evidence of companies measuring improved returns on investment as these candidates put their newly acquired skills to work in the development new products, system and processes.
We have also been informed that there is evidence that suggests that South Africans on the programme have been performing extremely well; holding their own against the best in the world. I am told by Professor Bhattacharyya that our candidates are amongst the best in the world. We expect no less from those from our parastatals who will be enrolled into the programme.
We are also pleased to note that an advisory board has been established to explore further other areas of co-operation between Warwick and other institutions of higher learning in the country and to harness additional resources to enable the development of a number of programmes including a major small business development initiative and programmes in association with the University of Transkei and the University of Zululand where with the CSIR's two International Competitiveness Centres will be established. These centres will have a two-fold benefit of firstly developing a unique facility at these Universities but also creating much needed resource base to assist with the development of the local economies of these regions.
Linking these institutions with the University of Warwick adds to our own initiatives and commitment to the transformation of these institutions, and indeed enhances their teaching and research capabilities. The envisaged Centres will also enhance the institutions capacity to meet the demands of their local business community enabling these to become not only successful regional players and employers but national and world competitive industries and companies.
We will watch the progress of these initiatives with great interest. We will also encourage other state enterprises to follow suit. Above all we look forward to watching our people many of whom have untapped potential grow from strength to strength.
Let me conclude by congratulating all concerned on designing an innovative Programme and good luck to the candidates.
<fn>GOV-ZA.102809samafarpretationEn.2012-02-10.en.txt</fn>
NCA = National Credit Act of 2006 2.
It was not feasible for a government trading entity to lend directly to the enterprising poor survivalists, as they have particular risks in terms of mobility, volatility, credit risks and other.
It was therefore considered that the viable method is to encourage the poor to either to establish their own savings and lending vehicles to deliver financial services in terms of getting loans and collecting deposits. It was further envisaged that other existing developmental micro finance institutions should play the role of lending to poor households.
samaf was therefore established in terms section 38 (1)(m) read together with sections 76(4)(b) of the PFMA of the dti.
samaf provides loans for on- lending, grants for a institutional capability and technical support to these FI's.
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Micro- survivalists (enterprising, working & hard core poor)Trading to put food on the table, educate their children and improve housing.
Provinces did not meet their service delivery targets for 2008/9 thus making samaf to miss its targets too.
Identifying market opportunities that will assist samaf's goals in supporting rural peri- urban communities.
To inculcate a culture of financial performance & discipline thus ensuring financial reporting systems are in place.
To ensure adequate people leadership; thus aligning people capabilities to the strategic objectives. Also inspiring people for higher achievement.
Activism and "dirtying of hands" to ensure managers can engage poor communities honestly, fairly and with respect, thus creating a' leadership that will support the execution of samaf's mandate.
We conducted a review of core skills & competencies required for samaf.
7.1 samaf has embarked on training of its staff and management in order to impart financial plus social plus development skills. Through an organizational change and development program (samaf Bokamoso) , employees have been extensively involved in defining the required work standards, required leadership behaviors and establishing the required performance standards. This is strengthened by appointment of financial expects to assist and audit FI books.
7.2 Disciplinary actions were taken against identified cases of poor performance, lack of adequate monitoring , fraud and corruption at all levels.
7.3 New loan agreements were re-drafted to ensure they are compliant with GAAP and IFRIS standards (AS27 & AC132).
The evaluation will cover the work done to date, lessons learnt, binding constraints (from a legal, regulatory and policy perspective), proposed solutions and benchmarking recommendations of other wholesale funds for improved effectiveness and efficiency.
insurance deposit cover for small FSC with less than R1m assets.
A proposed increase of R10 000 maximum micro-loan to R50 000.
the papers will be submitted during before the year-end March 2009.
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"Financing opportunities for community based Financial Intermediaries to benefit working poor and the enterprising communities".
<fn>GOV-ZA.102837En.2012-02-10.en.txt</fn>
Information on how to provide feedback to Tygerberg Hospital with either compliments or complaints.
Tygerberg Academic Health Complex aims to provide the highest possible standard of care for all patients using its services. We welcome patients, relatives and staff comments, concerns or complaints. This information enables our services to be improved as part of our commitment to developing quality health care.
If you wish to make a comment, suggestion or pay a compliment on any aspect of the services or facilities provided by Tygerberg Academic Health Complex, please feel free to approach any member of staff. Alternatively, you may complete a suggestion/ comment/ compliment form which you can collect at our Patient Advice and Liaison Service - PALS Office (see location below and post to the same address).
At the Tygerberg Academic Health Complex, they aim to deal quickly and effectively with patient and client complaints. If you are willing to voice your complaint, feel free to speak to a member of the team caring for you or your loved one, or speak to a member from the Patient Advice and Liaison Services (PALS). A meeting with relevant members of staff may be the best way forward.
Following receipt of complaint letter, an acknowledgement will be sent to the complainant.
Complaints will be fully investigated and the complainant will receive a letter from the Chief Director, giving details of any action taken as a result of the complaint.
<fn>GOV-ZA.102838En.2012-02-10.en.txt</fn>
Patients' rights and responsibilities according to the National Patients' Charter.
To take care of his or her health.
To care for and protect the environment.
To respect the rights of other patients and health providers.
To utilise the health care system properly and not abuse it.
To know his or her local health service and what they offer.
To provide health care providers with the relevant and accurate information for diagnostic, treatment, rehabilitation or counselling purposes.
To advise the health care providers on his or her wishes with regard to his or her death.
To comply with the prescribed treatment or rehabilitation procedures.
To enquire about the related costs of the treatment and / or rehabilitation and arrange for payment.
To take care of health records in his or her possession.
If you feel that any of these rights have not been met please consult our complaints page.
<fn>GOV-ZA.10299En.2012-02-10.en.txt</fn>
The Department provides demographic, social and economic data of the Western Cape on request.
The following statistics provide the Total Population for the Western Cape, the City of Cape Town, the District and Local Municipalities including the District Management Areas. The statistics are broken down into Gender, Age and Population Group tables, which are also available in MsExcel spreadsheets upon request.
Various Statistical Releases by Stats SA can also be obtained from the Department in hard copy and electronic format. These Releases are also available from Stats SA.
DISCLAIMERThe Department cannot be held responsible for any errors that may occur in provided data sets.
<fn>GOV-ZA.102En.2012-02-10.en.txt</fn>
REFERENCE : 8/213/D/50/780/875/42 CLAIMANT : Cebo Ngcayiya PROPERTY : erf 87 Milton DISTRICT : Hankey I Cecedu MEASURING : 991 sqm DEED OF TRANSFER : T6941/1916 DATE SUBMITTED : 20., July 1995 BONDHOLDER : CURRENT OWNER : M. Kleynhana Has been submitted to the Regional Land Claims Commissioner for Eaatem Cape and that the Commission on Restitution of Land Rights will investigate the claim in tenns of the provisions of the Act in due course.
Mr Gxilishe has previously served as Deputy Director General: EPWP in the National Department of Public Works, Western Cape Provincial Commissioner for the Department of Correctional Services, Acting Municipal Manager for the then Western District Municipality in Port Elizabeth, Eastern Cape ANC Provincial Secretary and Regional Organizer for the then UDF in Port Elizabeth. Since October 2008 he acted as HOD for the Department of Public Works in the Eastern Cape.
<fn>GOV-ZA.102previewonmetswedingdistrictmunicipalityEn.2012-02-10.en.txt</fn>
The Deputy President of the Republic of South Africa, Ms. Phumzile Mlambo-Ngcuka, accompanied by Cabinet Ministers, will visit the Metsweding District in the Gauteng province on Thursday, 8 December 2005. This is part of the Municipal Izimbizo programme, an integral part of Project Consolidate, and will focus specifically on interacting with elected representatives in local government, senior municipal officials and members of Ward Committees.
Project Consolidate, a hands-on local government support and engagement programme, was launched in October 2004. It is targeted at 136 municipalities throughout South Africa that need support to enhance service delivery and good governance. Since the launch of the Project, Government has been focusing on the service delivery challenges and capacity constraints that are facing individual municipalities. This was informed by a detailed assessment of challenges according to each province and the municipalities concerned.
In the context of Project Consolidate, the President, the Deputy President and Cabinet Ministers are pursuing the Municipal Izimbizo programme, whose objective is to support municipalities in the achievement of these key performance areas and to deepen local government transformation.
Metsweding District has urban and peri-urban localities, but it is largely rural. Most of the land is privately owned, which poses some challenges.
It accounts for 159 891 people of Gauteng and has 44 392 households. Males make up 52,42% of the population while females make up 47,57%. With regard to education 37, 30% of the population had either no schooling or only up to the level of primary education.
Kungwini is the only local municipality in the District identified for support under the auspices of Project Consolidate. The municipality will be supported in the areas of Corporate Governance, Municipal Debt Billing Systems, Municipal Management, Local Economic Development and Performance Management.
The Municipalities are facing challenges with regard to upgrading and maintaining existing infrastructure and to address backlogs in water, sanitation and infrastructure. Other challenges are with regard to providing basic services in new housing projects and new townships.
ï§ Good Governance and Community Participation.
<fn>GOV-ZA.103157397En.2012-02-10.en.txt</fn>
The Minister of Education, Professor S.M.E Bengu, will today address a biennial gathering of the Association for the Development of Education in Africa (ADEA) in Dakar, Senegal. The function, which is being held in Africa for the first time in the history of the association, started yesterday (15/10) and is due to end on Saturday (18/10).
On 18 October the minister will proceed to Paris, France, to attend the 29th UNESCO General Conference which takes place from 20 - 23 October where he is scheduled to address the fourth plenary session on 22 October. This will be the second time since 1995 that South Africa would be afforded an opportunity to address the UNESCO gathering after decades of isolation.
Before his departure on 14 October, the minister wished all matriculants who started with their examinations this week success, as well as other learners in various standards across the country.
He appealed to all learners and teachers to ensure that this year's exams run smoothly without any incident and added that they should be thoroughly prepared for the exams as a demonstration of their commitment to productivity and quality service.
"As the leaders of the future, I wish all the learners in this country well in their exams", he said.
<fn>GOV-ZA.103312En.2012-02-10.en.txt</fn>
Batho Pele House, Pretoria Friday, 25 June 2010 Minister for the Public Service and Administration Richard Baloyi and representative of government as sole shareholder at the State Information Technology Agency (SITA) has today appointed an Acting Chief Executive Officer (CEO) to the agency.
<fn>GOV-ZA.103314En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.103319En.2012-02-10.en.txt</fn>
to stand for election and be eligible for appointment as a trade union representative and, if elected or appointed, to carry out the functions of a trade union representative in terms of this Act or any collective agreement.
<fn>GOV-ZA.103322En.2012-02-10.en.txt</fn>
Only versions stored on the server can be copied. To copy the most recent minor version, click OK. To copy the currently checked out version, click Cancel, check in the document and then retry the copy operation."; var L_Loading_Text="Loading"; var L_Loading_Error_Text="An error has occurred with the data fetch. Please refresh the page and retry."; var L_WarnkOnce_text="This item contains a custom recurrence pattern. If you save your changes you will not be able to revert to the previous pattern."; var L_WebFoldersRequired_Text="Please wait while Explorer View is loaded. If Explorer View does not appear, your browser may not support it."; var L_WebFoldersError_Text="Your client does not support opening this list with Windows Explorer."; var L_AccessibleMenu_Text="Menu"; var L_NewBlogPost_Text="This feature requires Microsoft Internet Explorer 6.0 or later and a Windows SharePoint Services-compatible blog editor such as Microsoft Office Word 2007 or later."; var L_NewBlogPostFailed_Text="Unable to connect to the blog program because it may be busy or missing. Check the program, and then try again."; var recycleBinEnabled=0; var bIsFileDialogView=false; var g_ViewIdToViewCounterMap=new Array(); function UpdateAccessibilityUI() { var t1=document.getElementById("TurnOnAccessibility"); var t2=document.getElementById("TurnOffAccessibility"); if (IsAccessibilityFeatureEnabled()) { if (t1 !=null) t1.style.display="none"; if (t2 !=null) t2.style.display=""; } else { if (t1 !=null) t1.style.display=""; if (t2 !=null) t2.style.display="none"; } } function SetIsAccessibilityFeatureEnabled(f) { if (f) document.cookie="WSS_AccessibilityFeature=true;path=;"; else document.cookie="WSS_AccessibilityFeature=false;path=;"; } function DeleteCookie(sName) { document.cookie=sName+"=; expires=Thu, 01-Jan-70 00:00:01 GMT"; } function GetCookie(sName) { var aCookie=document.cookie.
if (dwch < g_rgdwchMinEncoded[nTrailBytesOrig]) { strResult+=''; break; } else if (dwch >> (2+nTrailBytes)); while (nTrailBytes && (ix < rgBytes.length)) { --nTrailBytes; uch=rgBytes[ix++]; if (uch==0) { return strResult; } if ((uch & 0xC0) !=0x80) { strResult+=''; break; } dwch=(dwch << 6) | ((uch) & 0x003f); } if (nTrailBytes) { strResult+=''; break; } if (dwch < g_rgdwchMinEncoded[nTrailBytesOrig]) { strResult+=''; break; } else if (dwch <=0xffff) { strResult+=String.fromCharCode(dwch); } else if (dwch >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var ixUTF8Bytes=0; var hexString, hexCode; while (ix >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var ixUTF8Bytes=0; var hexString, hexCode; while (ix < str.length) { if (str.charAt(ix)=='%') { if (str.charAt(++ix)=='u') { hexString=""; for (ixEntity=0; ixEntity >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var ixUTF8Bytes=0; var hexString, hexCode; while (ix < str.length) { if (str.charAt(ix)=='%') { if (str.charAt(++ix)=='u') { hexString=""; for (ixEntity=0; ixEntity < 4 && ix >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var hexString+=str.charAt(++ix); } while (hexString.length < 4) { hexString+='0'; } hexCode=parseInt(hexString, 16); if (isNaN(hexCode)) { strResult+=''; } else { strResult+=String.fromCharCode(hexCode); } } else { hexString=""; for (ixEntity=0; ixEntity < 2 && ix < str.length;++ixEntity) { hexString+=str.charAt(ix++); } while (hexString.length < 2) { hexString+='0'; } hexCode=parseInt(hexString, 16); if (isNaN(hexCode)) { if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } strResult+=''; } else { rgUTF8Bytes[ixUTF8Bytes++]=hexCode; } } } else { if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } strResult+=str.charAt(ix++); } } if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } return strResult; } function unescapeProperly(str) { var strResult=null; if ((browseris.ie55up || browseris.nav6up) && (typeof(decodeURIComponent) !="undefined")) { strResult=decodeURIComponent(str); } else { strResult=unescapeProperlyInternal(str); } return strResult; } function navigateMailToLink(strUrl, strUrlNew) { if (strUrlNew) { return navigateMailToLinkNew(strUrlNew); } var strEncoded=""; for (ix=0; ix < strUrl.length; ix++) { var curChar=strUrl.charAt(ix); var strHexCode; var strHexCodeL; if (curChar=='%') { strHexCode=strUrl.charAt(ix+1); strHexCode+=strUrl.charAt(ix+2); strHexCodeL=strHexCode.toLowerCase(); if (strHexCodeL=="3a" || strHexCodeL=="2f" || strHexCodeL=="2e" || strHexCodeL=="2d" || strHexCodeL=="3d") { strEncoded+=curChar; } else { strEncoded+=curChar; strEncoded+="25"; } } else { strEncoded+=curChar; } } window.location=strEncoded; } function navigateMailToLinkNew(strBody) { window.location='mailto:body='+escapeProperly(strBody); } function newBlogPostOnClient(strProviderId, strBlogUrl, strBlogName) { var stsOpen; var fRet; stsOpen=StsOpenEnsureEx("SharePoint. OpenDocuments.3"); if (stsOpen==null) ?
alert(L_NewBlogPost_Text); return; } try { fRet=stsOpen. NewBlogPost(strProviderId, strBlogUrl, strBlogName); } catch (e) { alert(L_NewBlogPostFailed_Text); } } function GetUrlFromWebUrlAndWebRelativeUrl(webUrl, webRelativeUrl) { var retUrl=(webUrl==null || webUrl.length <=0) "/" : webUrl; if (retUrl.charAt(retUrl.length - 1) !="/") { retUrl+="/"; } retUrl+=webRelativeUrl; return retUrl; } var g_updateFormDigestPageLoaded=new Date(); function UpdateFormDigest(serverRelativeWebUrl, updateInterval) { try { if ((g_updateFormDigestPageLoaded==null) || (typeof(g_updateFormDigestPageLoaded) !="object")) { return; } var now=new Date(); if (now.getTime() - g_updateFormDigestPageLoaded.getTime() < updateInterval) { return; } if ((serverRelativeWebUrl==null) || (serverRelativeWebUrl.length <=0)) { return; } var formDigestElement=document.getElementsByName("__REQUESTDIGEST")[0]; if ((formDigestElement==null) || (formDigestElement.tagName.toLowerCase() !="input") || (formDigestElement.type.toLowerCase() !="hidden") || (formDigestElement.value==null) || (formDigestElement.value.length >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var ixUTF8Bytes=0; var hexString, hexCode; while (ix < str.length) { if (str.charAt(ix)=='%') { if (str.charAt(++ix)=='u') { hexString=""; for (ixEntity=0; ixEntity < 4 && ix < str.length;++ixEntity) { hexString+=str.charAt(++ix); } while (hexString.length < 4) { hexString+='0'; } hexCode=parseInt(hexString, 16); if (isNaN(hexCode)) { strResult+=''; } else { strResult+=String.fromCharCode(hexCode); } } else { hexString=""; for (ixEntity=0; ixEntity < 2 && ix < str.length;++ixEntity) { hexString+=str.charAt(ix++); } while (hexString.length < 2) { hexString+='0'; } hexCode=parseInt(hexString, 16); if (isNaN(hexCode)) { i?
{ strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } strResult+=''; } else { rgUTF8Bytes[ixUTF8Bytes++]=hexCode; } } } else { if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } strResult+=str.charAt(ix++); } } if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } return strResult; } function unescapeProperly(str) { var strResult=null; if ((browseris.ie55up || browseris.nav6up) && (typeof(decodeURIComponent) !="undefined")) { strResult=decodeURIComponent(str); } else { strResult=unescapeProperlyInternal(str); } return strResult; } function navigateMailToLink(strUrl, strUrlNew) { if (strUrlNew) { return navigateMailToLinkNew(strUrlNew); } var strEncoded=""; for (ix=0; ix < strUrl.length; ix++) { var curChar=strUrl.charAt(ix); var strHexCode; var strHexCodeL; if (curChar=='%') { strHexCode=strUrl.charAt(ix+1); strHexCode+=strUrl.charAt(ix+2); strHexCodeL=strHexCode.toLowerCase(); if (strHexCodeL=="3a" || strHexCodeL=="2f" || strHexCodeL=="2e" || strHexCodeL=="2d" || strHexCodeL=="3d") { strEncoded+=curChar; } else { strEncoded+=curChar; strEncoded+="25"; } } else { strEncoded+=curChar; } } window.location=strEncoded; } function navigateMailToLinkNew(strBody) { window.location='mailto:body='+escapeProperly(strBody); } function newBlogPostOnClient(strProviderId, strBlogUrl, strBlogName) { var stsOpen; var fRet; stsOpen=StsOpenEnsureEx("SharePoint. OpenDocuments.3"); if (stsOpen==null) { alert(L_NewBlogPost_Text); return; } try { fRet=stsOpen. NewBlogPost(strProviderId, strBlogUrl, strBlogName); } catch (e) { alert(L_NewBlogPostFailed_Text); } } function GetUrlFromWebUrlAndWebRelativeUrl(webUrl, webRelativeUrl) { var retUrl=(webUrl==null || webUrl.length <=0) "/" : webUrl; if (retUrl.charAt(retUrl.length - 1) !="/") { retUrl+="/"; } retUrl+=webRelativeUrl; return retUrl; } var img="imndnd.png"; alt=L_IMNDoNotDisturb_Text; break; case 15: img="imndndoof.png"; alt=L_IMNDoNotDisturb_OOF_Text; break; case 10: img="imnbusy.png"; alt=L_IMNBusy_Text; break; case 16: img="imnidle.png"; alt=L_IMNIdle_Text; break; case 17: img="imnidleoof.png"; alt=L_IMNIdle_OOF_Text; break; case 18: img="imnblocked.png"; alt=L_IMNBlocked_Text; break; case 19: img="imnidlebusy.png"; alt=L_IMNBusy_Text; break; case 20: img="imnidlebusyoof.png"; alt=L_IMNBusy_OOF_Text; break; } var imnInfo=new IMNImageInfo(); imnInfo.img=img; imnInfo.alt=alt; return imnInfo; } function IMNGetHeaderImage() { var imnInfo=new IMNImageInfo(); imnInfo.img="imnhdr.gif";; imnInfo.alt=""; return imnInfo; } function IMNIsOnlineState(state) { if (state==1) { return false; } return true; } function IMNSortList(j, oldState, state) { var objTable=null; var objRow=null; if (IMNSortableObj && IMNSortableObj[j]) { objRow=document.getElementById(j); while (objRow && !(objRow.tagName=="TR" && typeof(objRow. Sortable) !="undefined")) { objRow=objRow.parentNode; } objTable=objRow; while (objTable && objTable.tagName !="TABLE") { objTable=objTable.parentNode; } if (objTable !=null && objRow !=null) { if (objTable.rows[1].style.display=="none") { for (i=1; i<4; i++) { objTable.rows[i].style.display="block"; } } if (!IMNIsOnlineState(oldState) && IMNIsOnlineState(state)) { objTable.rows[2].style.display="none"; i=3; while (objTable.rows[i].id !="Offline" && objTable.rows[i].innerText objRow.innerText) i--; objTable.moveRow(objRow.rowIndex, i); } } } } function IMNOnStatusChange(name, state, id) { if (IMNDictionaryObj) { var img=IMNGetStatusImage(state, IMNSortableObj[id] || IMNShowOfflineObj[id]); if (IMNDictionaryObj[id] !=state) { if (bIMNSorted) IMNSortList(id, IMNDictionaryObj[id], state); IMNUpdateImage(id, img); IMNDictionaryObj[id]=state; } } } function IMNUpdateImage(id, imgInfo) { var obj=document.images(id); if (obj) { var img=imgInfo.img; var alt=imgInfo.alt; var oldImg=obj.src; var obj.scrollLeft; oouiY+=obj.offsetTop - obj.scrollTop; obj=obj.offsetParent; } } catch(e) { }; objRet.objSpan=objSpan; objRet.objOOUI=objOOUI; objRet.oouiX=oouiX; objRet.oouiY=oouiY; if (fRtl) objRet.oouiX+=objOOUI.offsetWidth; return objRet; } function IMNShowOOUIMouse() { IMNShowOOUI(0); } function IMNShowOOUIKyb() { IMNShowOOUI(1); } function IMNShowOOUI(inputType) { if (browseris.ie5up && browseris.win32) { var obj=window.event.srcElement; var objSpan=obj; var objOOUI=obj; var oouiX=0, oouiY=0; if (EnsureIMNControl() && IMNNameDictionaryObj) { var objRet=IMNGetOOUILocation(obj); objSpan=objRet.objSpan; objOOUI=objRet.objOOUI; oouiX=objRet.oouiX; oouiY=objRet.oouiY; var name=IMNNameDictionaryObj[objOOUI.id]; if (objSpan) objSpan.onkeydown=IMNHandleAccelerator; IMNControlObj. ShowOOUI(name, inputType, oouiX, oouiY); } } } function IMNHideOOUI() { if (IMNControlObj) { IMNControlObj. HideOOUI(); return false; } return true; } function IMNScroll() { if (!bIMNInScrollFunc) { bIMNInScrollFunc=true; IMNHideOOUI(); } bIMNInScrollFunc=false; if(IMNOrigScrollFunc==IMNScroll) return true; return IMNOrigScrollFunc IMNOrigScrollFunc() : true; } var imnCount=0; var imnElems; var imnElemsCount=0; var imnMarkerBatchSize=4; var imnMarkerBatchDelay=40; function ProcessImn() { if (EnsureIMNControl() && IMNControlObj. PresenceEnabled) { imnElems=document.getElementsByName("imnmark"); imnElemsCount=imnElems.length; ProcessImnMarkers(); } } function ProcessImnMarkers() { for (i=0;i 0) { _spOriginalFormAction=document.forms[0].action; var url=window.location.href; var index=url.indexOf("://"); if (index >=0) { var temp=url.substring(index+3); index=temp.indexOf("/"); if (index >=0) url=temp.substring(index); } _spEscapedFormAction=escapeUrlForCallback(url); document.forms[0].action=_spEscapedFormAction; } } _spFormOnSubmitCalled=false; if (typeof(Sys) !="undefined" && typeof(Sys. Net) !="undefined" && typeof(Sys. Net. WebRequestManager) !="undefined") ?
<fn>GOV-ZA.103325En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.103340En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.103346En.2012-02-10.en.txt</fn>
Pietermaritzburg boasts various museums, including the Voortrekker Museum, the Natal Museum and the Natal Steam Railway Museum, which offers steam-train rides on the second Sunday of every month. The Tatham Art Gallery is also extremely popular. The Albert Falls Public Resort Nature Reserve and the Albert Falls Dam provide opportunities for sailing, canoeing and fishing.
The Drakensberg mountain range forms the north-western border of KwaZulu-Natal. The entire area is a bird sanctuary, featuring among other species, the endangered lammergeier (or bearded vulture). The highest concentration of walks and trails in South Africa is found here.
The Chelmsford Nature Reserve near Newcastle is a birdwatcher's paradise. Power-boating and carp-fishing are added attractions. Game includes springbok, zebra, rhino and blesbok. Other interesting places to visit are Majuba Hill and O'Neill's Cottage.
The Ladysmith Siege Museum provides insight into the battles of Colenso, Spioenkop, Vaalkrans and Tugela Heights. Guided tours to nearby battlefields such as Wagon Hill are arranged by museum staff. Other attractions in Ladysmith include the statue of Gandhi, the All Saints Church, the Soofi Mosque and the Spioenkop Dam and Nature Reserve.
Near Dundee, tourists can visit various battlefields, including Ncome-Blood River, Isandlwana, Rorke's Drift and Talana. The Talana Museum depicts various facets of the coal industry, as well as local Zulu, Boer and British history.
<fn>GOV-ZA.103350En.2012-02-10.en.txt</fn>
contains illegal characters or substring."; var LegalUrlChars=new Array (false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, true, true, false, false, true, false, false, true, true, true, false, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, false, true, false, true, false, false, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, false, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false); function AdmBuildParam(stPattern) { var re; var i; for (i=1; i < AdmBuildParam.arguments.length; i++) { re=new RegExp("\\^"+i); stPattern=stPattern.replace(re, AdmBuildParam.arguments[i]); } return stPattern; } function IndexOfIllegalCharInUrlLeafName(strLeafName) { for(var i=0; i 0) { strNew+=str.substr(iQues); } str=strNew; } return escapeProperlyCoreCore(str, true, false, true); } function PageUrlValidation(url) { if (url.substr(0, 4) !="http" && url.substr(0,1) !="/") { var L_InvalidPageUrl_Text="Invalid page URL: "; alert(L_InvalidPageUrl_Text); return ""; } else return url; } function DeferCall() { if (arguments.length==0) return null; var args=arguments; var fn=null; if (browseris.ie5up || browseris.nav6up) { eval("if (typeof("+args[0]+")=='function') { fn="+args[0]+"; }"); } if (fn==null) return null; if (args.length==1) return fn(); else if (args.
L_ContainIllegalString_Text="^1 contains illegal characters or substring."; var LegalUrlChars=new Array (false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, true, true, false, false, true, false, false, true, true, true, false, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, false, true, false, true, false, false, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, false, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false); function AdmBuildParam(stPattern) { var re; var i; for (i=1; i < AdmBuildParam.arguments.length; i++) { re=new RegExp("\\^"+i); stPattern=stPattern.replace(re, AdmBuildParam.arguments[i]); } return stPattern; } function IndexOfIllegalCharInUrlLeafName(strLeafName) { for(var i=0; i<strLeafName.length; i++) { var ch=strLeafName.charCodeAt(i); if(strLeafName.charAt(i)=='.' && (i==0 || i==(strLeafName.length-1))) return i; if(ch < 160 && (strLeafName.charAt(i)=='/' || !LegalUrlChars[ch])) return i; } return -1; } function IndexOfIllegalCharInUrlPath(strPath) { for(var i=0; i 0) { strNew+=str.substr(iQues); } str=strNew; } return escapeProperlyCoreCore(str, true, false, true); } function PageUrlValidation(url) { if (url.substr(0, 4) !="http" && url.substr(0,1) !
eval(previousRSChange); } if(document.readyState=='complete') { g_pageLoadComplete=true; window.status=""; window.onerror=SPOnError_cachedOriginalOnError; } } function SPOnError_handleErrors(msg, url, line) { var useErrorHandler=false; if(!g_pageLoadComplete && document.readyState !="complete") { useErrorHandler=true; } if(useErrorHandler) { try { window.status=L_PleaseWaitForScripts_Text; } catch(e) { } return true; } else { if(typeof(SPOnError_cachedOriginalOnError)=="function") { window.onerror=SPOnError_cachedOriginalOnError; return SPOnError_cachedOriginalOnError(msg, url, line); } else { window.onerror=null; return false; } } } window.onerror=SPOnError_handleErrors; var L_Language_Text="1033"; var L_ClickOnce1_text="You are already attempting to save this item. If you attempt to save this item again, you may create duplicate information. Would you like to save this item again"; var L_STSRecycleConfirm_Text="Are you sure you want to send this item to the site Recycle Bin"; var L_STSRecycleConfirm1_Text="Are you sure you want to send this folder and all its contents to the site Recycle Bin"; var L_STSDelConfirm_Text="Are you sure you want to delete this item"; var L_STSDelConfirm1_Text="Are you sure you want to delete this folder and all its contents"; var L_NewDocLibTb1_Text="The document could not be created. \nThe required application may not be installed properly, or the template for this document library cannot be opened.\n\nPlease try the following:\n1. Check the General Settings for this document library for the name of the template, and install the application necessary for opening the template. If the application was set to install on first use, run the application and then try creating a new document again.\n\n2. If you have permission to modify this document library, go to General Settings for the library and configure a new template."; var L_NewDocLibTb2_Text="'New Document' requires a Windows SharePoint Services-compatible application an?
longer associated with a meeting in your calendar and scheduling program. Either this meeting date was canceled, or the link to the workspace was removed from the scheduled meeting."; var L_DETACHEDCANCELLEDEXCEPT_Text="This meeting date was canceled from your calendar and scheduling program. To specify what you want to do with the associated information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDUNLINKEDSINGLE_Text="This meeting date is no longer linked to the associated meeting in your calendar and scheduling program. To specify what you want to do with the information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDCANCELLEDSERIES_Text="This meeting series was canceled from your calendar and scheduling program."; var L_DETACHEDUNLINKEDSERIES_Text="This meeting series is no longer linked to the associated meeting series in your calendar and scheduling program. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSERIESNOWSINGLE_Text="This meeting was changed in your calendar and scheduling program from a recurring meeting to a nonrecurring meeting. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSINGLENOWSERIES_Text="This meeting was changed in your calendar and scheduling program from a nonrecurring meeting to a recurring meeting. The current workspace does not support a recurring meeting. In your scheduling program, unlink the meeting from the workspace, and then link the meeting again to a new workspace. The new workspace will automatically support a recurring meeting."; var L_DETACHEDNONGREGORIANCAL_Text="This meeting was created using a calendar date was canceled, or the link to the workspace was removed from the scheduled meeting."; var L_DETACHEDCANCELLEDEXCEPT_Text="This meeting date was canceled from your calendar and scheduling program. To specify what you want to do with the associated information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDUNLINKEDSINGLE_Text="This meeting date is no longer linked to the associated meeting in your calendar and scheduling program. To specify what you want to do with the information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDCANCELLEDSERIES_Text="This meeting series was canceled from your calendar and scheduling program."; var L_DETACHEDUNLINKEDSERIES_Text="This meeting series is no longer linked to the associated meeting series in your calendar and scheduling program. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSERIESNOWSINGLE_Text="This meeting was changed in your calendar and scheduling program from a recurring meeting to a nonrecurring meeting. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSINGLENOWSERIES_Text="This meeting was changed in your calendar and scheduling program from a nonrecurring meeting to a recurring meeting. The current workspace does not support a recurring meeting. In your scheduling program, unlink the meeting from the workspace, and then link the meeting again to a new workspace. The new workspace will automatically support a recurring meeting."; var L_DETACHEDNONGREGORIANCAL_Text="This meeting was created using a calendar and scheduling program that only supports series updates to the Meeting Workspace.
("+eTime+")"); } } function GetAlertText(isDetached) { var L_DETACHEDSINGLEEXCEPT_Text="This meeting date is no longer associated with a meeting in your calendar and scheduling program. Either this meeting date was canceled, or the link to the workspace was removed from the scheduled meeting."; var L_DETACHEDCANCELLEDEXCEPT_Text="This meeting date was canceled from your calendar and scheduling program. To specify what you want to do with the associated information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDUNLINKEDSINGLE_Text="This meeting date is no longer linked to the associated meeting in your calendar and scheduling program. To specify what you want to do with the information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDCANCELLEDSERIES_Text="This meeting series was canceled from your calendar and scheduling program."; var L_DETACHEDUNLINKEDSERIES_Text="This meeting series is no longer linked to the associated meeting series in your calendar and scheduling program. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSERIESNOWSINGLE_Text="This meeting was changed in your calendar and scheduling program from a recurring meeting to a nonrecurring meeting. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSINGLENOWSERIES_Text="This meeting was changed in your calendar and scheduling program from a nonrecurring meeting to a recurring meeting. The current workspace does not support a recurring meeting. In your scheduling program, unlink the meeting from the workspace, and then link the meeting again to a new workspace. The new workspace will contains illegal characters or substring."; var LegalUrlChars=new Array (false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, true, true, false, false, true, false, false, true, true, true, false, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, false, true, false, true, false, false, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, false, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, true, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false, false); function AdmBuildParam(stPattern) { var re; var i; for (i=1; i < AdmBuildParam.arguments.length; i++) { re=new RegExp("\\^"+i); stPattern=stPattern.replace(re, AdmBuildParam.arguments[i]); } return stPattern; } function IndexOfIllegalCharInUrlLeafName(strLeafName) { for(var i=0; i 0) { strNew+=str.substr(iQues); } str=strNew; } return escapeProperlyCoreCore(str, true, false, true); } function PageUrlValidation(url) { if (url.substr(0, 4) !="http" && url.substr(0,1) !="/") { var L_InvalidPageUrl_Text="Invalid page URL: "; alert(L_InvalidPageUrl_Text); return ""; } else return url; } function DeferCall() { if (arguments.length==0) return null; var args=arguments; var fn=null; if (browseris.ie5up || browseris.nav6up) { eval("if (typeof("+args[0]+")=='function') { fn="+args[0]+"; }"); } if (fn==null) return null; if (args.length==1) return fn(); else if (args.
("+eTime+")"); } } function GetAlertText(isDetached) { var L_DETACHEDSINGLEEXCEPT_Text="This meeting date is no longer associated with a meeting in your calendar and scheduling program. Either this meeting date was canceled, or the link to the workspace was removed from the scheduled meeting."; var L_DETACHEDCANCELLEDEXCEPT_Text="This meeting date was canceled from your calendar and scheduling program. To specify what you want to do with the associated information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDUNLINKEDSINGLE_Text="This meeting date is no longer linked to the associated meeting in your calendar and scheduling program. To specify what you want to do with the information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDCANCELLEDSERIES_Text="This meeting series was canceled from your calendar and scheduling program."; var L_DETACHEDUNLINKEDSERIES_Text="This meeting series is no longer linked to the associated meeting series in your calendar and scheduling program. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSERIESNOWSINGLE_Text="This meeting was changed in your calendar and scheduling program from a recurring meeting to a nonrecurring meeting. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSINGLENOWSERIES_Text="This meeting was changed in your calendar and scheduling program from a nonrecurring meeting to a recurring meeting. The current workspace does not support a recurring meeting. In your scheduling program, unlink the meeting from the workspace, and then link the meeting again to a new workspace.
<fn>GOV-ZA.103353En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.10337En.2012-02-10.en.txt</fn>
Part, click OK. To keep your changes, click Cancel."; var L_RemoveConnection_TXT="Are you sure you want to remove the connection between the %0 Web Part and the %1 Web Part To remove the connection, click OK. To keep the connection, click Cancel."; var L_ExportPersonalization_TXT="This Web Part Page has been personalized. As a result, one or more Web Part properties may contain confidential information. Make sure the properties contain information that is safe for others to read. After exporting this Web Part, view properties in the Web Part description file (.webpart or. dwp) by using a text editor, such as Microsoft Notepad."; var L_GetPropertiesFailure_ERR="Cannot retrieve properties at this time."; var L_SaveDirtyParts_TXT="Changes have been made to the contents of one or more Web Parts on this page. To save the changes, press OK. To discard the changes, press Cancel."; var L_ToolPaneWidenToolTip_TXT="Widen"; var L_ToolPaneShrinkToolTip_TXT="Narrow"; var L_ToolPartExpandToolTip_TXT="Expand Toolpart: %0"; var L_ToolPartCollapseToolTip_TXT="Collapse Toolpart: %0"; var L_WebPartBackgroundColor_TXT="Web Part Background Color"; var L_TransparentTooltip_TXT="Transparent Web Part Background Color"; var L_InvalidURLPath_ERR="The URL is not valid for the %0 property. Check the URL spelling and path and try again."; var L_InvalidFolderPath_ERR="The path to the folder is not valid for the %0 property. Check the path name and try again."; var L_InvalidFilePath_ERR="The path to the file or folder is not valid. Check the path and try again."; var L_FileOrFolderUnsupported_ERR="The current browser does not support links to files or folders. To specify a link to a file or folder, you must use Microsoft Internet Explorer 5.0 or later"; var L_Link_TXT="Link"; var L_TransparentLiteral_TXT="Transparent"; var L_ContentEditorSaveFailed_ERR="Cannot save your changes."; var L_AccessDenied_ERR="Access Denied saving Web Part properties: either the Web Part is embedded directly in th?
<fn>GOV-ZA.10338En.2012-02-10.en.txt</fn>
""; } function GetSelectedText(frmElem) { if (frmElem && (frmElem.selectedIndex >-1)) { return frmElem.options[frmElem.selectedIndex].text } else return ""; } function MtgShowTimeZone() { if (GetCookie("MtgTimeZone")=="1") { MtgToggleTimeZone(); } } function FormatDate(sDate, sTime, eDate, eTime) { var L_Date_Text="Date:"; var L_Time_Text="Time:"; var L_DateSeparator=" - "; if(browseris.win32 && sDate==eDate) L_DateSeparator=" -\u200e "; if (sDate==eDate) { document.write(L_Date_Text+" "+sDate); if (sTime !=eTime) document.write(" "+L_Time_Text+" "+sTime+L_DateSeparator+eTime); else document.write(" "+L_Time_Text+" "+sTime); } else { document.write(L_Date_Text+" "+sDate+" ("+sTime+")"+L_DateSeparator+eDate+" ("+eTime+")"); } } function GetAlertText(isDetached) { var L_DETACHEDSINGLEEXCEPT_Text="This meeting date is no longer associated with a meeting in your calendar and scheduling program. Either this meeting date was canceled, or the link to the workspace was removed from the scheduled meeting."; var L_DETACHEDCANCELLEDEXCEPT_Text="This meeting date was canceled from your calendar and scheduling program. To specify what you want to do with the associated information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDUNLINKEDSINGLE_Text="This meeting date is no longer linked to the associated meeting in your calendar and scheduling program. To specify what you want to do with the information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDCANCELLEDSERIES_Text="This meeting series was canceled from your calendar and scheduling program."; var L_DETACHEDUNLINKEDSERIES_Text="This meeting series is no longer linked to the associated meeting series in your calendar and scheduling program. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSERIESNOWSINGLE_Text="This meeting was changed in your calendar and scheduling program from a recurring meeting to a nonrecurring meeting. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSINGLENOWSERIES_Text="This meeting was changed in your calendar and scheduling program from a nonrecurring meeting to a recurring meeting. The current workspace does not support a recurring meeting. In your scheduling program, unlink the meeting from the workspace, and then link the meeting again to a new workspace. The new workspace will automatically support a recurring meeting."; var L_DETACHEDNONGREGORIANCAL_Text="This meeting was created using a calendar and scheduling program that only supports series updates to the Meeting Workspace. Changes you make to individual occurrences of meetings in that program will not appear in the workspace."; var L_DETACHEDPASTEXCPMODIFIED_Text="This past meeting was modified or canceled from your calendar and scheduling program. To keep, delete or move this meeting in the workspace, use the drop-down menu next to its date in the Meeting Series pane. To update the scheduling information for this meeting in the workspace, use your scheduling program to update this specific meeting occurrence."; var howOrphaned=isDetached & (0x10 - 1); var howDetached=isDetached - howOrphaned; if (howOrphaned) { switch (howOrphaned) { case 1: return (g_meetingCount==1) L_DETACHEDSINGLEEXCEPT_Text : L_DETACHEDCANCELLEDEXCEPT_Text; case 2: return L_DETACHEDCANCELLEDSERIES_Text; case 3: return L_DETACHEDCANCELLEDEXCEPT_Text; case 4: return (g_meetingCount==1) L_DETACHEDSINGLEEXCEPT_Text : L_DETACHEDUNLINKEDSINGLE_Text; case 5: return L_DETACHEDUNLINKEDSERIES_Text; case 6: return L_DETACHEDSERIESNOWSINGLE_Text; case 7: return L_DETACHEDSINGLENOWSERIES_Text; case 8: retur?
L_DETACHEDPASTEXCPMODIFIED_Text; } } else if (howDetached) { switch (howDetached) { case 16: return L_DETACHEDNONGREGORIANCAL_Text; } } return null; } function retrieveCurrentThemeLink() { var cssLink; var links=document.getElementsByTagName("link"); for(var i=0; i"; var L_DateSeparator=" - "; if(browseris.win32 && sDate==eDate) L_DateSeparator=" -\u200e "; if (sDate==eDate) { document.write(L_Date_Text+" "+sDate); if (sTime !=eTime) document.write(" "+L_Time_Text+" "+sTime+L_DateSeparator+eTime); else document.write(" "+L_Time_Text+" "+sTime); } else { document.write(L_Date_Text+" "+sDate+" ("+sTime+")"+L_DateSeparator+eDate+" ("+eTime+")"); } } function GetAlertText(isDetached) { var L_DETACHEDSINGLEEXCEPT_Text="This meeting date is no longer associated with a meeting in your calendar and scheduling program. Either this meeting date was canceled, or the link to the workspace was removed from the scheduled meeting."; var L_DETACHEDCANCELLEDEXCEPT_Text="This meeting date was canceled from your calendar and scheduling program. To specify what you want to do with the associated information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDUNLINKEDSINGLE_Text="This meeting date is no longer linked to the associated meeting in your calendar and scheduling program. To specify what you want to do with the information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDCANCELLEDSERIES_Text="This meeting series was canceled from your calendar and scheduling program."; var L_DETACHEDUNLINKEDSERIES_Text="This meeting series is no longer linked to the associated meeting series in your calendar and scheduling program. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."
L_DETACHEDSERIESNOWSINGLE_Text="This meeting was changed in your calendar and scheduling program from a recurring meeting to a nonrecurring meeting. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSINGLENOWSERIES_Text="This meeting was changed in your calendar and scheduling program from a nonrecurring meeting to a recurring meeting. The current workspace does not support a recurring meeting. In your scheduling program, unlink the meeting from the workspace, and then link the meeting again to a new workspace. The new workspace will automatically support a recurring meeting."; var L_DETACHEDNONGREGORIANCAL_Text="This meeting was created using a calendar and scheduling program that only supports series updates to the Meeting Workspace. Changes you make to individual occurrences of meetings in that program will not appear in the workspace."; var L_DETACHEDPASTEXCPMODIFIED_Text="This past meeting was modified or canceled from your calendar and scheduling program. To keep, delete or move this meeting in the workspace, use the drop-down menu next to its date in the Meeting Series pane. To update the scheduling information for this meeting in the workspace, use your scheduling program to update this specific meeting occurrence."; var howOrphaned=isDetached & (0x10 - 1); var howDetached=isDetached - howOrphaned; if (howOrphaned) { switch (howOrphaned) { case 1: return (g_meetingCount==1) L_DETACHEDSINGLEEXCEPT_Text : L_DETACHEDCANCELLEDEXCEPT_Text; case 2: return L_DETACHEDCANCELLEDSERIES_Text; case 3: return L_DETACHEDCANCELLEDEXCEPT_Text; case 4: return (g_meetingCount==1) L_DETACHEDSINGLEEXCEPT_Text : L_DETACHEDUNLINKEDSINGLE_Text; case 5: return L_DETACHEDUNLINKEDSERIES_Text; case 6: return L_DETACHEDSERIESNOWSINGLE_Text; case 7: return L_DETACHEDSINGLENOWSERIES_Text; case 8: return L_DETACHEDPASTEXCPMODIFIED_Text; } } else if (howDetached) { switch (howDetached) { case associated meeting series in your calendar and scheduling program. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSERIESNOWSINGLE_Text="This meeting was changed in your calendar and scheduling program from a recurring meeting to a nonrecurring meeting. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSINGLENOWSERIES_Text="This meeting was changed in your calendar and scheduling program from a nonrecurring meeting to a recurring meeting. The current workspace does not support a recurring meeting. In your scheduling program, unlink the meeting from the workspace, and then link the meeting again to a new workspace. The new workspace will automatically support a recurring meeting."; var L_DETACHEDNONGREGORIANCAL_Text="This meeting was created using a calendar and scheduling program that only supports series updates to the Meeting Workspace. Changes you make to individual occurrences of meetings in that program will not appear in the workspace."; var L_DETACHEDPASTEXCPMODIFIED_Text="This past meeting was modified or canceled from your calendar and scheduling program. To keep, delete or move this meeting in the workspace, use the drop-down menu next to its date in the Meeting Series pane. To update the scheduling information for this meeting in the workspace, use your scheduling program to update this specific meeting occurrence."; var howOrphaned=isDetached & (0x10 - 1); var howDetached=isDetached - howOrphaned; if (howOrphaned) { switch (howOrphaned) { case 1: return (g_meetingCount==1) L_DETACHEDSINGLEEXCEPT_Text : L_DETACHEDCANCELLEDEXCEPT_Text; case 2: return L_DETACHEDCANCELLEDSERIES_Text; case 3: return L_DETACHEDCANCELLEDEXCEPT_Text; case 4: return (g_meetingCount==1) L_DETACHEDSINGLEEXCEPT_Text : L_DETACHEDUNLINKEDSINGLE_Text; case 5: retur?
<fn>GOV-ZA.1033En.2012-02-10.en.txt</fn>
Some of the legends of freedom who were charged with four crimes at the Rivonia trial are Nelson Mandela, Walter Sisulu, Elias Motsoaledi, Andrew Mlangeni, Govan Mbeki, Raymond Mhlaba and Ahmed Kathrada.
At the exhibition, a police docket opened in 1963 against the freedom fighters, who were regarded as terrorists by the apartheid regime, reads: State versus Nelson Mandela and others.
The charges in that docket are recruiting persons for training in preparation and use of explosives and in guerrilla warfare for the purpose of violent revolution and committing acts of sabotage; conspiring to commit the aforementioned acts and to aid foreign military units when they invade the Republic; acting in these ways to further the objects of communism and soliciting, and receiving money for these purposes from sympathisers in Algeria, Ethiopia, Liberia, Nigeria, Tunisia and elsewhere.
<fn>GOV-ZA.103previewonilembedistrictmunicipalityEn.2012-02-10.en.txt</fn>
South Africa is an open economy and its economic growth, prosperity and welfare depend on fully accessing global trade opportunities. Consequently, government is continuously seeking to improve the country's trade and investment environment. This is to be achieved through a host of interventions to reduce the cost of doing business and investing in South Africa. These measures include the introduction of an industrial policy framework, establishment of a robust and predictable tax system, customs administration and tariff reforms, and the stepping up of investments in road, rail and ports infrastructure.
What is chartered-in?
Chartered-in: How charters are to be taken into account?
The tonnage tax initiative is part of a coordinated transport strategy, led by the Department of Transport, with the aim of reviving the maritime industry. Therefore the tonnage tax regime will be framed in such a way so that it contributes to the wider policy objectives as set out in the Maritime Transport Agenda: 2010. Outlined in this strategy document is Government's objective to: develop a comprehensive maritime transport policy, revive the maritime industry, grow the South African register and develop and position South Africa as an International Maritime Centre. The factors, which are also in need of reform to advance the flagging maritime industry are: the Ship Registration Act of 1998, the Merchant Shipping Act, mortgage ranking claims and labour issues. Only once these factors are aligned with international practices of successful shipping nations, can South Africa realistically expect to successfully revive the industry.
Due to its location, South Africa is significantly dependent on maritime trade to transport goods to and from overseas. This is illustrated when considering that maritime exports constitute 95% of total exports by volume, and 93-95% of total imports by value. Presently South Africa is dependent on foreign registered vessels to facilitate its international trade by sea. Only one vessel currently remains on the South African ship register, which is used for international trade. This is a far cry from the 52 vessels which were once registered dating back to the 1970's.
2 ITF is an international trade union federation of transport workers unions. It represents the interest of transport workers union bodies which take decisions affecting jobs, employment conditions, safety etc.
Emphasises a "genuine link" between real owner of a vessel and the flag the vessel flies in accordance with UNCLOS5.
3 Specifies international seafarers code (working conditions at sea etc.).
8 United Nations Convention on the Law of the Sea.
state to enforce violations of international standards (e.g., workers rights). While UNCLOS places an obligation on states to exercise effective jurisdiction and control over their ships, each individual state is free to determine the conditions under which this will occur. Although registration confers nationality to ships, there is no restriction upon states to only register vessels that are owned, operated and crewed by their own citizens.
Most of the countries that have adopted tonnage tax regimes do not emphasise shipping companies having to register their vessels in the country (flag link), but rather to create an economic link in order to qualify for the tonnage tax regime. This is done by ensuring that shipping companies which can prove ownership and strategic management of a vessel, reside in the country. The locality, where effective and strategic management decisions are made, will also establish the nexus for drawing into the income tax net such activities.
In addition, reference in this instance must be made to Article 8 of the OECD Model Tax Convention, which provides that the residence of a shipping company will be determined in the place in which the effective and strategic management of the company takes place. It was this alternative that attracted National Treasury to the tonnage tax system.
Some countries, which also flag blind, might require additional evidence for the fulfilment of management requirements, but in general the necessity for the bulk of physical management and operations is the most important qualifier for inclusion in all of the schemes. Through not having to register their vessel and still enjoy the benefits of the regime, ship owners can have the freedom to choose other beneficial regimes to crew and register their vessel, but have their shipping base in the country offering the tonnage tax regime. This creates flexibility for the ship owner, thereby making the regime more attractive. The country therefore benefits through increased shipping activity and related activities and the revenue generated from it, and not from an increase in the ships register per se.
Such an approach is mainly being used in the European Union countries, where the object is not so much to attract more ships to the register, but to address the problem of their failing shipping/maritime industries. Countries who have adopted such a method, have not only improved their industries through increased direct and indirect employment, but also have managed to increase the number of ships registered in their countries. Examples of such countries are Ireland, the Netherlands, Germany and the United Kingdom.
Chapter 2 9 Currently, South Africa taxes corporate profits at 28 per cent, as announced in the 2008 Budget. 10 International Bureau of Fiscal Documentation: International Tax Glossary, 4th edition, p 359.
The key objective of the tonnage tax regime is to create a business environment which will deliver a number of real advantages for all shipping companies entering the regime. The related domestic business activities, supporting a vibrant shipping industry effectively managed and operated from within the jurisdiction, will constitute further growth in tax base (employment and business income) along with the additional or new tonnage tax income.
Simplicity ― Straightforward and clear-cut tax calculations are the hallmarks of the system.
<fn>GOV-ZA.1042En.2012-02-10.en.txt</fn>
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The establishment of a Tripartite Free Trade Area (TFTA) which would combine the members of three existing regional economic communities, i.e. the Common Market of Eastern and Southern Africa (COMESA), the East African Community (EAC) and the Southern African Development Community (SADC), was decided at the 2008 Tripartite Summit.
The purpose of the TFTA will be to harmonise trade arrangements among SADC, COMESA and EAC, improve the movement of persons within the region, facilitate the joint implementation of infrastructure projects and enhance co-operation of members.
One of the TFTA's objectives is to help avoid the problems of overlapping membership in regional economic communities. However, this benefit will only materialise if the TFTA will replace the existing communities, at least in the long term. Otherwise, it would create another layer of regional integration and might even further complicate trade and hence increase transaction costs for both importers and exporters.
The TFTA, COMESA, EAC and SADC therefore need a strategy for harmonisation. This will have to address legal, policy, economic and institutional issues. The future roles of the communities and their institutions under the new TFTA framework need to be defined in such a way as to avoid duplication of responsibilities and inefficient use of resources.
The paper provides ideas for the definition of such a strategy. Based on a review of regional integration processes in the Caribbean as well as lessons drawn from the political economy of regional integration a proposal is developed on how the TFTA could be implemented and what the roles of the regional economic communities would be within the TFTA framework.
Based on the proposal, both COMESA and SADC would lose some of their responsibilities while the EAC and the Southern African Customs Union (SACU) would continue to operate as poles of regional integration within the framework of the TFTA.
<fn>GOV-ZA.104625En.2012-02-10.en.txt</fn>
The aim is to mainstream the programme in the Western Cape Provincial Government by creating awareness amongst the employees on energy efficiency, water conservation and waste minimisation and recycling with the aim of effecting behavioural change and implementing interventions.
The plan outlines all activities to be undertaken to plan, assess, characterise, mitigate, implement, check and review the air quality within a specific area.
A status quo report conducted in 2006 on recycling in the Western Cape has informed the Provincial Strategy to focus on securing the supply of recyclables while stimulating the demand for recycled products.
To address the skills shortage, the department is in the process of embarking on an initiative to provide waste disposal facility operators with skills through capacity building and training. The province currently has a shortage of available landfill airspace to offer municipalities.
The Atmospheric Pollution Prevention Act No. 45 of 1965 (APPA) Schedule 2 lists 72 processes that emit pollutants into the atmosphere.
This has encouraged successful implementation waste minimization programmes such as recycling, composting, and waste separation amidst many challenges, such as the lack of financial resources and poor infrastructure experienced by many municipalities. It also assesses management practices within municipalities.
The project was initiated in 2005/2006 to assist authorities in addressing the challenges of waste management in the province.
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Your collective bargaining conference comes at a crucial time when the debate about decent work, increased job losses, poverty alleviation and employment creation has intensified and the workers agenda has once again taken centre-stage. That is why the African National Congress (ANC) government succeeded in building and maintaining a strong economy.
URL: http://www.info.gov.za/speeches/2009/09031915151002.
It was a moment of pleasure for the scores of domestic workers in Sea Point, Cape Town last night as they filled the local St James Church to capacity, exchanging views with Labour Minister Membathisi Mdladlana on various issues in their sector. Addressing them, Minister Mdladlana said the majority of the country's domestic workers were not sure of their rights and were as a result often victims of unfair labour practice from their individual employers.
In a sequel to last month's one day direct engagement with Stellenbosch domestic workers in the Western Cape, Labour Minister Membathisi Mdladlana tomorrow, Thursday, take time off his tight election campaign schedule to repeat the exercise ' this time at the invitation of Sea Point employees just outside Cape Town.
URL: http://www.info.gov.za/speeches/2009/09031109451003.
URL: http://www.info.gov.za/speeches/2008/08111114151004.
URL: http://www.info.gov.za/speeches/2008/08110715451005.
Labour Minister Membathisi Mdladlana cordially invites you to a media breakfast briefing that will precede the skills seminar at the Kopanong Hotel and Conference Centre in Benoni tomorrow (Friday). On 11 May 2006, the Minister of Labour hosted a roundtable discussion on the current debates affecting the labour market. There will also be a ministerial roundtable on international review of the South African labour market policies and the effect of climate change in the labour market.
URL: http://www.info.gov.za/speeches/2008/08100915151002.
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This Department of the Premier is responsible for providing support to Provincial Government Western Cape (PGWC).
Provide a support service to the Premier.
Render professional support services to other departments and co-ordinate specific provincial affairs.
Provide corporate services to the PGWC.
Render legal services to the PGWC.
Offer specific support services to the director-general of the Western Cape Provincial Administration.
The Director-General in the Department of the Premier is Advocate Brent Gerber.
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CapeNature manages 47 nature reserves of which 27 is open to the public.
Most reserves offer overnight accommodation and/or camping. Scattered throughout the Western Cape, CapeNature reserves are as diverse as the land they occupy. Activities include day hikes, multi-day trails, mountain biking, fishing, canoeing, kloofing, rock climbing, 4x4ing, whale-watching, bird-watching, horse-riding, donkey-carting.
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The Deputy Minister of Arts and Culture, Dr. Joe Phaahla
The Director General of the Department of Arts and Culture, Mr. Sibusiso Xaba and senior management from the Department
We are honoured to present our 2011/2012 Budget Vote at the start of an important month in the development of our democratic nation.
The month of June is dedicated to honouring the many sacrifices made by generations of young people to bring about freedom and democracy in our country.
This year we commemorate the 35th Anniversary of the Soweto uprising under the theme: "Youth Action for Economic Freedom in our Lifetime".
During this month we recommit ourselves to the objective of further advancing youth development, as an integral part of building a national democratic society; that is united, democratic, non racial, non sexist and prosperous.
Honourable Members for this Budget Vote we are joined by young practitioners in the arts, culture and heritage sector.
I request our young guests to stand up for the House to see them. You may sit down.
Honourable Members, we acknowledge that more work still needs to be done to develop an appreciation for the arts among young people.
We are also aware of the need to ensure that talent is identified and developed from a young age and that a career in the arts becomes a career of choice among young people.
These are some of the tasks that we will continue to be seized with going forward.
Some of the specific programmes we will engage in, include working with the Field Band Foundation to build mass participation of youth in music and performing arts.
Working together with the Youth Development Agency we will support this year's Youth Day celebrations.
Our support will include running programmes aimed at raising awareness of the significance of Youth Day.
Honourable Members, as part of our ongoing commitment to supporting youth in the arts, I am pleased to report that we have allocated more than R 6 million for youth programmes in the current financial year.
In addition, through our partnership with the European Union, more funds will be made available to advance youth development in the arts.
Honourable Chairperson, as the ANC government, we are proud of the progress we are making in building the kind of society envisaged by our forebears who declared in 1955 that South Africa belongs to all who live in it.
We must continue to commit ourselves to the realization of the ideals of the Freedom Charter.
This we must do so that in 2055, at the centenary of the Freedom Charter, we must have made significant progress towards achieving its goals.
Honourable Members, last year during the 2010 FIFA World Cup, the nation demonstrated high levels of unity and patriotism.
To us this proved that our goal of building a nation united in its diversity is within reach.
We must sustain the momentum we have built during the World Cup; to forge a national identity and promote social cohesion.
In order to further strengthen efforts aimed at nation building and promoting social cohesion, the Department of Arts and Culture has began a process of repositioning the arts, culture and heritage sector as a major contributor to the economic emancipation of the people of South Africa.
This process culminated in the historic National Consultative Conference on the contribution of the arts, culture and heritage sector to the economy, held in April this year.
The Conference brought together more than 1 000 delegates who, for the first time in many years, crafted a clear path for our sector and defined its contribution to the economy.
Our music industry was worth around R1.
The visual arts sector has a turnover of nearly R 2 billion per annum. There are an estimated 17 000 people working in the sector.
The total net turnover of the book publishing industry in 2007 was estimated to be worth R 3.2 billion.
The film industry generates over R5.
Delegates at the Conference further noted that; societies with greater social cohesion tend to be the ones that are more economically prosperous.
This they did as a direct response to President Zuma's clarion call that; the year 2011 is a year of job creation.
Honourable Members a number of specific proposals were agreed to at the Conference.
These include the need to develop interventions throughout the education system to identify and develop the artistic talent of learners at a young age and encourage learners to pursue careers in the arts.
Conference also committed itself to a process that will lead to the establishment of a National Skills Academy for the Arts.
It was also agreed that there is a need for the establishment of an enterprise which will source goods and services from the sector, thus ensuring better access to markets for arts practitioners.
Conference also agreed on the establishment of cultural precincts throughout the country.
In the current financial year, work will begin to establish five cultural precincts, commencing with planning for a precinct in Mangaung.
Furthermore, a touring venture will be established which will develop exhibitions and performances that will tour to the cultural precincts and elsewhere.
Conference also committed to taking forward the planning and implementation of the National Liberation Heritage Route.
A public art programme will also be designed focusing on beautification and storytelling through art in communities as well as showcasing our artistic talent.
Conference agreed on the establishment of an Art Bank to curate and display local art works in public buildings.
Conference further committed to the establishment of a Cultural Observatory whose purpose will be to develop key indicators, collect cultural statistics and analyze trends within our sector.
Honourable Members, project teams are now in place to develop detailed business plans for the implementation of all Conference resolutions.
Consultations with provincial and local government with regard to the establishment of cultural precincts have also begun.
Honourable Chairperson, we look forward to reporting to this House on the progress we are making as we travel on this uncharted but necessary journey.
Honourable Members the new path that we have crafted, will require that we re-examine the funding of our sector.
This was also the overwhelming view of delegates at the Conference.
In this regard, the Department of Arts and Culture has embarked on a process of realigning funding to the priorities identified at the Consultative Conference.
We will also be approaching National Treasury, with a view to securing increased funding for our sector focusing on the priorities we have identified.
We are confident that we will receive a sympathetic ear from National Treasury, because our priorities speak directly to job creation; which is the primary focus of the work of government.
We will also be working with the Department of Trade and Industry with a view to ensuring that our sector benefits from the support measures outlined in the Industrial Policy Action Plan (IPAP2).
We are confident that; because of the plans we are putting forward, our sector will also be considered for funding from the R9 billion fund for job creation announced by the President earlier this year.
We will work with other public funding agencies such as the Industrial Development Corporation and the private sector to secure adequate funding for the sector.
Honourable Members, over the past few months we have had discussions with the Lottery Fund Distribution Board, with a view to mainstreaming Lotto funding for our sector.
Honourable Members, we made a commitment to stabilize the Department and build the necessary capacity to effectively implement our mandate.
I am pleased to announce that we have appointed a Director General for the Department of Arts and Culture, Mr. Sibusiso Xaba.
The immediate task of the DG is to ensure that all vacant critical posts are filled by the end of the current financial year.
Honourable Members, we have inaugurated Boards of our institutions; including the National Arts Council, the National Film and Video Foundation and the Nelson Mandela Museum.
The process to appoint the Board of the National Heritage Council is at an advanced stage.
Our intention is to appoint all outstanding Boards by the end of the financial year.
Honourable Members, the Robben Island Museum is an important World Heritage Site.
Our goal is to ensure that it is preserved as an important part of our liberation heritage and that it remains a major tourist destination and a world class facility.
In the coming months we will begin a process of rationalizing all our institutions to minimize duplication and ensure clarity of roles.
The National Liberation Heritage Route.
In his State of the Nation Address, President Zuma indicated that we will launch a National Liberation Heritage Route to honour all those who contributed to the liberation of our country.
We are pleased to report that provincial consultations on the National Liberation Heritage Route have been held.
This project has also been presented to a number of African countries and is supported by the African World Heritage Fund, one of whose Board Members Mr. Leon Rajaobelina is present in this House.
Honourable Members, as we implement the National Liberation Heritage Route project we will do so fully aware that; next year the oldest liberation movement in Africa, the African National Congress, will be celebrating its centenary.
This is an important part of our liberation heritage to be celebrated and preserved for future generations.
Linked to the National Liberation Heritage Route will be our programme to honour national icons.
This will be in addition to the work we are doing with the Freedom Park on the Gallery of Leaders, the Wall of Names, Isivivane and S'kumbhuto.
I take this opportunity to thank Dr. Wally Serote who, earlier this year, retired as CEO of the Freedom Park, for the outstanding work he has done to develop this site, which stands as a monument for our country's freedom and democracy.
Honourable Members, in taking forward the work of preserving and restoring our liberation heritage, we will be unveiling the National Heritage Monument project in the year 2012.
Honourable Chairperson, Liliesleaf will also be declared a heritage site.
It is here that icons such as former President Mandela, Ahmed Kathrada, Andrew Mlangeni, the late Walter Sisulu, Govan Mbeki, Elias Motsoaledi, Arthur Goldreich gathered and planned to overthrow the apartheid regime and formed Umkhonto weSizwe, whose 50th Anniversary we will celebrate in December this year.
Work is also being finalized to declare the Voortrekker Monument as a Heritage site.
Honourable Members, in February this year, we marked the 30th anniversary of the 1981 Matola Raid in Mozambique.
The highlight of this event was the signing of a Memorandum of Understanding with the government of Mozambique and the unveiling of the design of the Matola Raid Monument and Interpretation Centre.
This historic site will stand as a constant reminder of the common heritage we share with the people of Mozambique for National Liberation.
We acknowledge the presence in this House of a delegation fvrom Mozambique led by the Permanent Secretary of Culture in Mozambique; Ms Maria Manuela Rico.
Honourable Members, we are joined on this occasion by Ms. Xoliswa Sithole, one of our country's most talented film makers.
Ms Sithole's work has been recognized internationally for its relevance to the plight of women and children.
She recently won a second BAFTA for her documentary "Zimbabwe's Forgotten Children" in the current affairs category.
She has also won a Peabody Award, the oldest multimedia award.
Honourable Members, talented and pioneering filmmakers should continue to receive support from government.
Already in R130 Million has been made available to the NFVF by national treasury over the next three years.
This we must do as part of our commitment to telling our stories to future generations and the world at large; and also to strengthen the contribution of the film industry to job creation and to economic growth and development.
Honorable Members, in the next three years, the Department will increase our investment in the production of local films.
This will include positioning our country as a film destination.
Honourable Members, we will continue to encourage and support initiatives to promote our artists on the world stage.
Our immediate task in this regard is to finalize the policy on our cultural diplomacy, in partnership with the Department of International Relations and Cooperation.
Among others this policy will result in the deployment of Cultural Attaches in our diplomatic missions.
Honourable Members, in recognition of the important role played by the music industry in the economy and in job creation, we will continue to work with the Department of Trade and Industry to address concerns related to copyright issues as they affect our artists.
Working with the relevant law enforcement agencies we will also intensify our campaign against piracy.
We will also ensure that through the Down Town studios in Johannesburg, the music community becomes an integral part of the music industry.
Honourable Members one of the tasks we continue to be seized with is the need to attend to the social security needs of our practitioners in our sector, many of whom face challenges after their careers have peaked.
This we will do as part of ensuring sustainable livelihoods for our artists.
Before the end of this financial year, we will announce progress in the implementation of the social security scheme fro our artists.
Performing Arts, including our Arts related institutions - R549.
National Language Service, including the PANSALB - R101.
Cultural Development - R180.
National Archives and Language Services, including conditional grants for community Libraries - R694, 452.
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The Cervical Health Implementation Project is a collaborative project of the Women's Health Research Unit (WHRU) of the University of Cape Town, the Women's Health Project of the University of the Witwatersrand and EngenderHealth USA, with support from the South African National Department of Health.
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bring public servants together to commemorate the value and virtue of service delivery improvement to the communities they serve.
The programme will take the form of high level panel discussions via satellite to allow for interaction and exchange with interventions from the audiences drawn from political, practitioner and academic communities, as well as opinion makers, community leadership, public servants and students.
Your participation in this particular Africa Service Day will add significantly to the event and will be much appreciated.
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>The Minister of Communications General (Ret.) Siphiwe Nyanda undertook an official visit to Cuba from 7 to 13 April 2010.>During his visit, Minister Nyanda met several Cuban ministers including Minister of Foreign Trade and Foreign Investment, Mr Rodrigo Malmierca Diaz and Deputy Minister of Foreign Affairs Mr Marcos Rodriguez Costa.
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The Telecentre is a community initiative, a product of Zibambeleni Development Trust in partnership with the Ministry of Communications, the Universal Service Access Agency of South Africa (USAASA), the South African Graduate Development Association and the National Youth Development Agency.>Also more important is the need for a symbiotic working relationship between all the three spheres of government.
>The Minister of Communications General (Ret) Siphiwe Nyanda is pleased to announce the approval of a bank guarantee for the South African Broadcasting Corporation (SABC) by government.>The Minister of Finance Pravin Gordhan approved the Public Broadcaster's application for a government guarantee of R1.473 billion.>National Treasury has stated that the guarantee will be released in tranches, with a draw-down of R1b made available immediately.
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All your comments and concerns are duly noted.>Your views on what needs to be done to emerge with a formidable Broadband Policy that addresses both accessibility and affordability, will go a long way towards ensuring that we meet our shared common objective as government, private sector and civil society.
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In May 2004, FIFA awarded the hosting of the FIFA World Cup to an African country for the first time in the 101 years of FIFA's existence. As the host, South Africa stands not as a country alone - but rather as a representative of Africa and as part of an African family of nations.
The African Union (AU) has committed its support to the 2010 World Cup. In a declaration of the eighth Assembly of the AU heads of state and government, the AU reaffirmed its pledge to make 2010 a truly African tournament, committing its countries to "full and substantive involvement in the preparations leading to the 2010 World Cup".
The South African Government is collaborating with African countries on a number of projects that will contribute to the African legacy.
continental security co-operation.
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Staff of the City of Cape Town's 107 Public Emergency Communication Centre (PECC) will spend 67 minutes of their time at the Haven Night Shelter in Retreat for Mandela Day on 18 July 2011. The team will assist with the preparation of meals and other tasks which need attention in and around the shelter.
All media are welcome to attend.
The 107 number can be used when one's life or property is threatened and is toll-free from a Telkom landline. When calling from a cellular phone, the user should dial 021 480 7700 and the call will be charged at normal cellular rates. These emergency numbers can be used anywhere within the '021' dialling code area.
The Haven Night Shelter in Retreat seeks to provide a home for the homeless. The shelter promotes community awareness of the social problems faced by the destitute and strives to encourage the public to participate in the alleviation of such problems.
Mandela Day is held annually on 18 July. The theme for Mandela day this year is 'change'. South Africans are encouraged to spend 67 minutes of their time to effect change with and within communities.
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Angola, Botswana, Lesotho, Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe are collectively using the World Cup to develop the seven transfrontier conservation areas (TFCAs) in the region. This TFCA route will offer tourists the unforgettable experience of two oceans, vast landscapes, major rivers, deserts, canyons, mountains and diverse cultures across the nine countries in one trail. 2010 TFCA developments include joint marketing, development of services and packages, investment and infrastructure and ease of movement for tourists across borders.
Some accommodation will be contracted from South Africa's neighbours.
The 2010 World Cup is stimulating development in neighbouring countries. For instance, Mozambique will spend $51 million on the rehabilitation of a railway line between Maputo and South Africa, and is also upgrading its road network. Mozambique is investing $600 million in new hotels, casinos and other leisure facilities.
The New Partnership for Africa's Development Information and Communications Technology Broadband Infrastructure Net (Uhurunet) is a $2-billion submarine cable to connect Africa directly to India, the Middle East, Europe and Brazil. The 50 000-km cable will reduce the telecommunications costs in Africa. The cable will be completed to provide telecommunications for the 2010 World Cup.
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National government is responsible for the delivery of 17 guarantees made to FIFA. These guarantees are contained in the bid book and are required of any country that wishes to host the World Cup.
The 17 guarantees provided by various government departments cover access to South Africa, a supportive financial environment, intellectual property and marketing rights, safety and security, healthcare services, transport and telecommunications.
These guarantees were consolidated into an Act of Parliament in September 2006, the Special Measures Act, as per FIFA requirements. In addition, a Memorandum of Understanding was signed between the Minister of Finance and the President of FIFA on 27 October 2006 that deals with tax matters for the hosting of FIFA events. This memorandum forms the basis for amendments to the Value Added Tax Act, Income Tax Act and the Customs and Excise Act.
Host cities are responsible for fulfilling the obligations contained in the hostcity agreements signed with FIFA, with support from national and provincial government. The host-city agreements include aspects such as stadiums and official training grounds, supporting infrastructure, an official fan park, city beautification and compliance with FIFA marketing guidelines within the cities.
medical care by the Ministry of Health.
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JASA runs three programmes encouraging youth entrepreneurship.
EDP is school based and is suitable for learners from Grade 1 to Grade 12. Teachers use games, simulation activities, projects and role-plays to help youngsters develop an understanding of the economy and business.
This programme aims to provide business and life skills training for senior secondary school learners. These skills will help them participate in corporate and industrial employment and/or start their own businesses. Learners are recruited from different cultural backgrounds. After participating in the programme, learners get an opportunity to write the international enterprise exam conducted by the Cambridge University in the United Kingdom.
BESP helps young people who have not finished school and cannot find work. The programme trains youths to set up and sustain their own job opportunities.
counselling and mentoring.
The National Youth Development Agency helps create opportunities for youth employment and youth entrepreneurship by developing, funding and supporting effective programmes. The Fund was established by the South African Government in response to the high youth unemployment in the country.
One of the programmes run by the National Youth Development Agency is the Business Development Support Voucher Programme. A voucher is a document given to selected clients entitling them to buy business support services from approved service providers. The target group for the voucher programme is mainly out-of-school youth between the ages 18 and 35 who require business support services to start or improve their businesses in various sectors, including tourism.
If you want to grow an existing business, you need to own at least 25% of it. You should have some experience in your field of business, and be willing to contribute R200.00 of your own money for the service you need. For help you can contact your closest NYDA branch by searching on the NYDA Branch Locator.
The vouchers are available through allocating agents who screen applicants for compliance with the project's criteria. In the Western Cape, contact Open for Business at 45 Castle Street in the Cape Town city centre, or call them on 021 422 2794.
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Annual Report (File type: pdf; size: 4.
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Cooperative Governance and Traditional Affairs makes every effort to ensure that the information available from this site is accurate but it cannot guarantee the accuracy of such information, nor can it guarantee that such information is always up to date.
Cooperative Governance and Traditional Affairs or any associated person, organisation or other related entity accepts no responsibility for any application, use or interpretation contained on this site and disclaims all liability for direct, indirect or consequential damages or loss resulting from the use of this service.
Links of Cooperative Governance and Traditional Affairs web site identify resources and links to other web sites that would appear useful for our readers. Such references and links do not constitute any endorsement by Cooperative Governance and Traditional Affairs of the products or services of those enterprises.
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These elections take place every five years. They determine who will rule the country and how many seats each political party will have in parliament. They also determine which party will run each province.
The first democratic elections were held in 1994. The ANC won the elections with 63% of the vote.
The last National Elections were held in 1999 when the ANC won 66.35% of the vote. You can view the results of the provincial election online.
The next elections will be in 2004.
To vote in the elections, you first need to be registered on the Voters' Roll. You will then be able to vote at the voting station in that area that you are registered in. More details on where voting stations are, and how to vote, will be available closer to the time.
You enter the voting station and your name is checked against the Voters' Roll to make sure that you are registered and that you haven't already voted.
Your thumb is inked to prevent you from trying to vote twice.
You are given a ballot paper which contains a list of all the parties.
You mark your ballot in private.
Finally, you cast your vote, by placing the marked ballot paper in the sealed voting box.
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The last municipal elections were held on 1 March 2006. These elections determine who will represent voters on local and district municipalities.
51.79% of registered voters in the the Western Cape went to the vote.
By-elections take place within 90 days after the resignation or death of a councillor, or whenever a political party exercises its right to change its representation in a council.
The Electoral Commission is responsible for the management of all by-elections.
To vote in a municipal election, you need to be registered on the Voters' Roll. You can then cast your vote in the area in which you are registered.
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Department of Water Affairs and Forestry, Mineral and Energy, Land Affairs, Environmental Affairs and Tourism, Public Works, National Treasury, Housing, Health, Transport, Public Services and Administration, South African Local Government Association, Provincial Local Government Associations, Provincial Local Government Departments, Municipalities.
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During the visit, His Excellency Minister Kamal Kharrazi paid a courtesy call on His Excellency President Thabo Mbeki, President of the Republic of South Africa and met and conferred with Her Excellency Dr Frene Ginwala, Speaker of the National Assembly of the Republic of South Africa.
URL: http://www.info.gov.za/speeches/2003/03072311461003.
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The National Department of Transport will be celebrating Youth Day on 15 June 2001 in the Northern Province, Venda. Career guidance, road safety education and HIV/AIDS will be among key issues to be raised at the function, which will be held at Todani Secondary School. The MEC of Transport in the Northern Province, Dr Dean Farisani, will be the guest speaker and will also represent the National Minister of Transport, Dullah Omar, who will in Malawi for business.
URL: http://www.info.gov.za/speeches/2003/03060609461013.
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URL: http://www.info.gov.za/speeches/2008/08092210151003.
Labour Minister Membathisi Mdladlana cordially requests your company as he will be officially receiving the 2007/08 Employment Equity Annual Report at the department's Pretoria headquarters next Tuesday. The report will be delivered by Employment Equity Commission Chairperson Jimmy Manyi who will go into detail on its various aspects as well as the latest equity trends in the South African labour market.
URL: http://www.info.gov.za/speeches/2008/08091109451003.
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URL: http://www.info.gov.za/speeches/2008/08120815151002.
Thomas Pringle arrived in South Africa as an immigrant from Britain in 1820. Dutch colonialism drew South Africa, its indigenous people, and those brought to Africa's shores as slaves, into a developing international economic system that extended from Europe to the Far East, the Americas and later drew in Australia and New Zealand.
URL: http://www.info.gov.za/speeches/2008/08112815151001.
URL: http://www.info.gov.za/speeches/2008/08110315151002.
Add to these, two anthologies edited, essay collections, innumerable single essays, addresses, awards and a Nobel Prize nomination for literature and what emerges is to many the Dean of African Letters, writes Peter Thuynsma, a leading Mphahlele scholar, in Perspectives on South African English Literature (1992: 221).
URL: http://www.info.gov.za/speeches/2008/08091110451002.
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Chairman of the Cape Empowerment Trust Mr. Chris Nisssen Members of the Executive Council of the Western Cape Members of Parliament Members of the Business Community Parents and Students
It is an honour today to address this gathering, which I understand is a combination of business people, politicians, students and other members of the community.
I attach great significance to the fact that this, Ladies and Gentlemen, is the first public gathering of its kind that I have had the privilege of addressing since the start of the year.
With your indulgence this evening I will speak about three issues. The first, in no order of priority, is the importance of national unity and the identification of opportunities to enhance this project. The second issue I will address relates to the historic socio-economic challenges facing South Africa and the binding constraints standing in the way of service delivery. I will, thirdly, link these to the Accelerated and Shared Growth Initiative of South Africa (AsgiSA) and how it seeks to address these challenges. Hopefully this will set out a very clear place and future for the recipients today of the educational funds that are being handed out by the Cape Empowerment Trust.
As I address you tonight, the world is still smarting from the fallout caused by the publication in a Danish newspaper, of a cartoon depicting the Prophet Mohammed, which offended Muslims across the world including here in South Africa.
I want to take this opportunity to say that it is testimony to the leadership of both the Muslim leaders in this country and the media that we have been able to nip in the bud, a situation which had the potential to divide even our community. I am aware for instance that editors of Independent Newspapers met with senior Muslim leaders in a bid to reassure them that they would not publish the cartoons. It is also thanks to the rare quality of our political leadership, led by President Thabo Mbeki, that government has taken the principled position that it has taken on the matter, choosing to support the court's decision to ban the publication of the cartoons.
There are two important lessons that this incident reminds us of. The first lesson is that because humanity is a diverse collection of cultural and religious beliefs, we have greater responsibility to be sensitive to developments which might frustrate the greater course of building one nation.
The second, perhaps also unintended lesson is that while our differences may manifest themselves in ugly expressions from time to time, it is precisely in those challenges that we may find resolution. For South Africa these are important lessons as we build our country from one of division to one of unity in diversity.
The detailed attention that President Thabo Mbeki gave to the controversy around Danish cartoons during his response to the State of the Nation debate, has no doubt had the effect of broadening the understanding and sensitivities of a greater number of people, about Islam as a religion and the things that it holds dear. This has happened because President Mbeki has seen in this confusion of the Western World, the potential for resolution and the enhancement of our own nation building project.
I want to take this opportunity to say that nowhere is the extent of our challenge more evident than in the councils and municipalities. This is because it is here that we build our homes, where we get our water and electricity and where our children go to school.
Today we live within councils and municipalities which historically have had to contend with the geography of apartheid which had well-resourced, predominantly-white suburbs located close to economic activity, on the one hand, and poorly-resourced black townships on the periphery of towns and cities, on the other.
In many cases whole communities were dumped in remote areas, far from infrastructure and economic opportunity, with settlement patterns determined solely by the racial logic of apartheid. These are some of the challenges that we have faced as government trying to build a better life for all and to bring hope to the masses of our people.
Urban centres like Cape Town have experienced additional challenges. Massive urbanization has led to uncontrolled urbanisation which has resulted in the growth of informal settlements. The rapid growth of informal settlements testifies not to the failure of government to provide housing for our people, but indicates the extent of the challenge facing us. According to the 2001 census at least 16% of all households in the country are informal settlements It is true that water and electricity has been extended to more households than ever before in South Africa. It is true that over 10 million additional people now have access to clean water. It is true that more than four million new houses now have electricity. It is true that new houses have been built. It is true that local services, like waste removal, have improved significantly over the past 10 years.
We have built community facilities in areas where there were none before. These include sporting and recreation facilities, community halls, taxi ranks and retail precincts for small businesses. In truth, local government offices have become more and not less effective in meeting the needs of our people.
One of the challenges facing our young people and graduates is unemployment. In precise terms it is not so much the absence of people with tertiary education that we are lacking. The phenomenon of so-called "full heads with empty stomachs", the unemployment of graduates, is not a purely South African phenomenon. It has expressed itself in various forms all over Africa and the rest of the developing world. For economic and political reasons, Zimbabwean Chartered Accountants and Engineers have trekked down south and to Europe in search of better opportunities.
So South Africa has benefited from this phenomenon in as much as our specialized skill has left for the United Kingdom. In South Africa, at the same time, graduates are unemployed simply because our growing economy is not able to absorb or utilize their particular training. This is the world in which the beneficiaries of the educational funds of the Cape Empowerment Trust are moving into.
It is clear that the solution to our challenges is not going to be a single-dose-treats-all. It is more likely to be a combination of targeted interventions.
In this regard Cabinet has identified the lack of skill as an impediment to growth, but in particular, shared growth. AsgiSA, the Acccelerated Shared Growth Initiative of South Africa led by Deputy President Phumzile Mlambo-Ngcuka takes advantage of a stable macro-economic environment, an economy that is growing at 4% plus in the past two years. This is because between 2005 and 2009 the country seeks annual growth of between 4.5% and higher. Between 2010 and 2014 we will seek to achieve a growth rate of at least 6% of GDP.
The Deputy President has pointed out that our recent growth although welcome, has been unbalanced and based on strong commodity prices, strong capital inflows and strong domestic consumer demand. This has increased imports and strengthened the currency. The dichotomy in all this is that levels of unemployment are still too high and economic growth is not being adequately shared. In other words, left on its own, the economy would worsen and not close the gap between the First and Second Economy. This is where government's clear understanding of the challenge also assists in providing a solution. So what is government's intervention in this regard?
One of our pre-occupations over the coming years will be seeking to take advantage of the growth in order to share the benefits. The Deputy President has already announced details around the R372 billion infrastructure expenditure, 40% of which will be spent by Public Enterprises. There will also be spending on information and communications technology (ICT) infrastructure which includes the strategy to rapidly grow South Africa's broadband network. These are some of the activities going forward.
Some projects will be selected for their impact on employment, poverty eradication and economic growth including sustainability and possibility to leverage private sector funding. Cabinet has already identified skill as a key to service delivery and improving the lives of the majority, while ensuring that no degeneration in the quality of life occurs.
We will use our experience in running the EPWP and general expertise in infrastructure delivery to address the maintenance backlog out of which skills will be created and jobs sustained for instance in the artisan area.
The EPWP will be expanded to increase its impact and positive spin offs. Our training will be made more relevant and our mandate extended to a larger number of roads and some larger road projects. For this, we will receive an additional R4.5 billion over the coming MTEF period.
Just because of this increase, we will be able to put about 63 000 more people maintaining roads and about 100 000 additional people in jobs averaging six months in roads building. In addition, 1000 more small black contractors will be developed. These jobs are in addition to the 220000 we created in the first year of operation and 60 000 in the first quarter of the first year.
Unemployment is highest among the low-skilled, with estimates indicating that 59% of the unemployed have never had a formal job (HSRC 2004).
Government has already announced plans to set up 100 new Youth Advisory Centres, the enrolment of 10 000 young people in the National Youth Service, and 5 000 volunteers to act as mentors to vulnerable children.
To conclude, the complexity of our challenges demands a multi-pronged approach. While the EPWP is important, it should not be seen in isolation. The EPWP will not by itself solve the problems of unemployment, lack of skills or the second economy. These problems will require the focus of all of government, as well as business and organised labour to address as a matter of priority. We are not pretending that this will be enough to deal completely with this huge challenge. To achieve AsgiSA's goal of halving unemployment and poverty by 2014, we will have to work more closely with women and the youth. But it will also require the full co operation of the communities, including parents, youth and students to pull all the in order to achieve what we want.
At the implementation level I have spoken about the role of councils, not because it is election time, but because councils are at the coalface of delivery. The absence of skills at this level, more than anywhere else has the greatest possible negative multiplier effect. It is also at this level that we must attack the bull for this is where we will be able to record our victories. The road to 2014, the target for the having of unemployment, is going to be long and hard, but we will get there.
<fn>GOV-ZA.10august20061En.2012-02-10.en.txt</fn>
Statistics SA is usually associated with the data it collects on the economy, demography, labour and social profiling.
However, a sizeable and important area of collection involves financial data in general and public financial statistics in particular. This includes information on capital expenditure in the public sector and financial statistics for national, provincial and local government.
The state of local government finances is of particular importance, given that this is the tier of government responsible for service delivery on the ground.
Since 2002 Stats SA has been undertaking an annual financial census of municipalities covering local, district and metropolitan municipalities. Its purpose is to provide information to researchers, policy makers, economists and other users for further analysis and assessment of the state of local government finances.
At the end of July, preliminary results of the 2005 financial census of municipalities were published. Information provided by municipalities (97 percent responded) was consolidated and presented at provincial level, although detailed information on each municipality is available from Stats SA.
The census found that there was an increase in overall purchases of water and electricity by municipalities between the 2004 and 2005 financial years. Purchases of water grew by 9.2 percent in that period, with electricity purchases by municipalities increasing by 6.5 percent. Municipalities in Gauteng are the biggest users of electricity and water, followed by those in KwaZulu-Natal and the Western Cape.
Revenue generated through sales of water and electricity by municipalities also increased between the 2004 and 2005 financial years (revenue from water sales grew by 14.2 percent and electricity sales by 8.2 percent). As with purchases, municipalities in Gauteng are the biggest sellers of water and electricity followed by those in KwaZulu-Natal and those in the Western Cape.
Levies received by district and metropolitan municipalities increased between 2004 and 2005 by 13.4 percent. The highest increase, 17.5 percent, was seen in the Northern Cape, followed by Mpumalanga with 16.5 percent. North West reflected the lowest increase in the receipt of levies (0.8 percent).
Assessment rates showed an increase of 16.6 percent over the two years in all provinces. Limpopo reflected the highest increase with 34.9 percent, followed by North West with 27 percent. The Eastern Cape was the lowest with 11.7 percent followed by Gauteng with 12.5 percent.
Assessment of the overall state of municipal finances is one of the key outcomes of this census. Two ratios are calculated in this assessment.
The acid test ratio, which is calculated as current assets minus inventory divided by current liabilities. This ratio indicates the institution's ability to meet its current obligations without disposing of its inventory. A ratio of 1:1 or higher is considered to be acceptable.
The current ratio, which is calculated as current assets divided by current liabilities. A ratio of 2:1 or higher is considered acceptable.
The acid test ratio for municipalities throughout South Africa was 1.8:1, and the current ratio 1.9:1. However, this fluctuated considerably when the ratio was broken down by province. Limpopo municipalities had the highest average acid test ratio of 3.8:1. Municipalities in KwaZulu-Natal had the lowest ratio (1.2:1), although this was still within an acceptable range.
Similarly, municipalities in Limpopo had the highest current ratio (3.8:1), while municipalities in Kwazulu-Natal had the lowest ratio (1.2:1 - below the acceptable ratio).
The census also measured the proportion of current expenditure each municipality spent on compensation of employees. Municipalities in the Northern Cape spent the largest proportion of total current expenditure on compensation of employees, (25.9 percent), while municipalities in the Western Cape spent the lowest proportion (21 percent). The proportion for the country overall was 22.9 percent.
Two other important indicators of the financial health of municipalities involve the number of days it takes for municipal trade debtors to settle what they owe to the municipality (accounts receivable) and the number of days its takes municipalities to settle what they owe to creditors (payable turnovers).
In the Northern Cape, it took 354 days for trade debtors to settle what they owed to municipalities - the longest period among the provinces. The lowest number of days was recorded by municipalities in Mpumalanga (119 days).
For accounts payable turnover, municipalities in Gauteng reflected the highest number of days to settle what they owed to creditors (237 days), while those in North West reflected the lowest number of days (69 days). For the whole country, it took on average 184 days for all municipalities to settle what was due by them to creditors.
Results from the latest financial census of municipalities suggest that, overall, the finances of South Africa's third tier of government are relatively sound.
However, consolidating municipal finances to provincial levels masks major differences in the finances of individual municipalities, and Stats SA will be producing a more detailed analysis of the data to facilitate both policy formulation and comparison of municipal financial health.
<fn>GOV-ZA.10dec03En.2012-02-10.en.txt</fn>
As South Africa ends its first decade of freedom, Government's attention is turning to the challenges the country will face in the next 10 years.
As part of the process, the Presidency undertook a study to review the impact of government policies and programmes since 1994. The result, 'Towards a Ten Year Review', was made public on the 16th October 2003. The study identified the major achievements in the first decade of freedom and also indicated that there are still some major challenges in the next decade.
At the same time, Government embarked on a Scenario Planning exercise to understand a range of possible futures for the Second Decade of Freedom. The scenario storylines would act as a possible backdrop against which current and future policies will be carried out.
Scenario Planning is about creating 'memories of the future' that expand our current thinking and broaden our policy planning. These 'memories of the future' help ensure that as the future unfolds we are better able to anticipate and to deal with whatever emerges.
The four scenarios developed are the product of eighteen months of consultation and research involving experts in both the public and private sectors. The development of these scenarios involved a number of steps.
Through research and discussion, "Key Driving Forces" (KDFs) were identified as the factors most likely to affect South Africa over the next 10 years. These forces have been carefully considered, not to make predictions, but rather to get a wider view of relevant, plausible and challenging possibilities in our future.
These Key Driving Forces range from anticipated long-range political and economic trends, to regional and local economic realities. Also examined, for example, are diverse factors like long-term weather conditions and global political and economic developments. Health issues, the impact of generational changes, levels of technological development worldwide and locally, are also amongst the Key Driving Forces considered.
Through this process two main axes were identified: global political and economic trends; and social cohesion in South Africa. These two factors formed the matrix that was then used to define the scenarios and develop storylines describing four different possible scenarios for South Africa in the medium-term.
The four scenarios are defined in terms of the possible combinations of the two principal driving forces - global environment and social cohesion.
S'gudi S'nais is based on assumptions of South Africa existing in a more accommodating and accepting world, but failing to take advantage of this positive environment.
Dulisanang ponders what our future might look like in a much more hostile, unilateralist world, unfriendly to developing countries, where we, as South Africans, none-the-less manage to create a more inclusive society.
Skedonk combines assumptions about the emergence of both a very unfriendly outside world with an internally divided and dispirited society.
Shosholoza assumes an accommodating world and an inclusive society here in South Africa.
What are the main features of each of the four scenarios?
S'gudi S'nais is characterised by conflicts between those who have-a-lot versus those who have-a-little. Although the world has taken heed of 'the fire next time' warnings from the developing world, and multilateralism now prevails, SA loses its place in the jostle for investment and access to international trade. Growth is initially high but perversely so, surging to 6-8%, but later dropping to an average of less than 1% per annum by the decade's end as the impact of social fragmentation takes effect. This is a result in the main of situation in which the rich elect to ignore social inequalities and concentrate on selfish and often unethical amassing of wealth, and the state is indecisive in containing this.
Dulisanang describes a much more considerate and inclusive society. South Africa has responded to heightened global insecurity and endemic economic crisis by turning inwards to its own resources. Although growth is low, participation in the economy is high and compassionate values emerge strongly. And, despite limited resources, the state delivers on its social obligations but is unable to sustain such social delivery in the long-term due to low growth.
Skedonk is characterised by deep social divisions. Unilateralism in global relations is the order of the day, and the globe is beset with conflicts. Growth in South Africa is confined to areas like tourism and is stubbornly low all decade. The poor get poorer, AIDS has had devastating effects on the population, and, by decade's end, there is high unemployment and general social dislocation within SA. In this instance, the political and economic leadership would have responded to the unfavourable global climate by 'waiting for Goddot' - through inaction.
Shosholoza envisages South Africa, by the end of the Second Decade of Freedom, as a diverse and tolerant society whose local economy is surging ahead like a sleek express train. The global economy is also booming, and multilateral institutions have brought stability to the world's most intractable political conflicts. High economic growth has brought millions of jobs and much greater participation in the robust economy. South Africa is well poised for a third decade of freedom, and opportunity and prosperity.
These snapshots of possible futures include elements embedded in the here and now. But, depending on the actions of both the public and private sectors, South Africa will have only one future which may resemble one of the four scenarios described above.
On its part, government has requested departments and clusters to assess policy priorities for the Second Decade of Freedom against the dynamics described in the four scenarios. In particular, they are addressing the challenge of how to encourage positive tendencies and counteract negative ones.
It is the belief of Government that, in broad terms, the proposals outlined in Towards a Ten Year Review address the main challenges in these scenarios, so we can fashion a future approximating that described by Shosholoza. The proposals include: a Social Compact, bridging the divide between the "first" and "second economies", improvement in the state's performance, and encouraging democracy and high levels of growth and development in Southern Africa (refer http://www.10years.gov.za/review/documents.htm).
As with the Ten Year Review, government encourages all sectors of society to weigh their programmes for the Second Decade of Freedom against a combination of possible futures, and ensure that we all strive to achieve the best possible outcomes in our joint quest for a better life for all.
<fn>GOV-ZA.10feb20051En.2012-02-10.en.txt</fn>
What is a reasonable period between collecting information and publishing it as data or statistics?
This is the interesting question raised by Dr Keitshepile Setswe, director of the Aids Research Institute at Wits university ("Statistics cannot be manipulated. Releasing results a year after data collection is cause for concern," Star, February 8).
The answer to this depends both on the nature of the information collected and the way in which it is collected.
There are important differences between a small sample survey based on a limited questionnaire sent to respondents by mail, and a population census conducted through personal interview and application of a detailed individual and household questionnaire.
Equally, there are differences between capturing information contained in administrative records (death notification forms, for example) and conducting a fieldwork-based survey of 30 000 households spread across nine provinces (the quarterly labour force survey, for example).
Inevitably, these differences have implications for the time required to capture, process, edit, analyse and publish the information gathered as statistics.
Dr Setswe does not seem to have taken into account these basic distinctions in the statistical cycle from collection to publication.
As a consequence, his comments lack precision and sometimes undermine his own argument.
In an attempt to support his contention that "there is a crisis with statistics, counting, analysis of data and releasing reports in our country", the doctor cites "a few examples in the last two to three years".
"Late in 2002, the inflation rate was wrongly calculated because statisticians at Statistics SA used the wrong data on housing rentals."
"Stats SA confused people who wanted to understand the statistics in The Impact of HIV/Aids on Adult Mortality in South Africa in 2001."
"As if that was not enough, it [Stats SA] got the November manufacturing data wrong."
Leaving to one side the accuracy of these statements, it is hard to see what they add to any discussion of delays between the collection and publication of information.
In two cases, the doctor's examples involve the quality of data (not its timeliness).
The other example cited is difficult to understand, but appears to allege that Stats SA's analysis of a report of another agency "confused people".
Again, it is difficult to see how this relates to timeliness in the release of statistics.
"The results of a national census conducted in 2001 were only released in 2003 - two years after the event!
Leaving aside the error in this contention (the results of Census 2001 were released 18 months after the conclusion of enumeration, not two years), Dr Setswe would no doubt be interested to compare Stats SA's record with those of other national statistical agencies.
For example, recent censuses in Zambia, Ghana, Kenya and Malawi were released between three and three-and-a-half years after completion of enumeration.
Internationally, two years between enumeration and publication of census results is viewed as an achievement.
Dr Setswe also refers to what he calls the "large workforce" and "generous budget" which was made available for Census 2001, questioning why, with these resources, there was what he feels was an unacceptable delay in publishing results.
Again, the doctor's comments do not stand up to scrutiny. In an exercise undertaken during 2003, the results of which were published in this column, the per capita cost of conducting a census, in dollar terms, was established for a number of countries.
South Africa's Census 2001 was conducted at a noticeably lower cost per capita ($2.89) than, for example, Botswana ($3.40), Hungary ($3.70), Namibia ($5.33), Australia ($6.83) Germany ($9) and the US ($22.81).
Dr Setswe's central argument is that "there are generally long delays in releasing key reports required for planning and implementation of projects in the public service in South Africa".
Unfortunately, at least in the case of Stats SA, the examples either do not apply, or demonstrate precisely the opposite of the doctor's contention.
Statistics are best used to cast light on a subject, rather than to shore up preconceived notions. But, as often noted, the inebriated man uses the street light for support, rather than illumination.
So, on occasion, are statistics misused.
Growing debate over the quality and timeliness of statistics indicates a concomitant growth in the use of statistical data for decision making.
However, contributions to that debate will invariably be more constructive if they are informed and based on verified information, rather than speculation presented as fact.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, visit www.statssa.gov.
<fn>GOV-ZA.10finanEn.2012-02-10.en.txt</fn>
The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), lays down a framework for the division of responsibilities between national, provincial and local government. It prescribes an equitable division of revenue between the spheres of government, taking into account their respective functions. It also creates an independent Auditor-General and an independent central bank, and sets out the principles governing financial accountability to Parliament and the annual budget process.
The JSE Securities Exchange is the largest securities exchange in Africa and has a market capitalisation of several times that of all the other African markets combined.
soundly manage government's financial assets and liabilities through prudent cash management, asset restructuring, financial management and management of the debt portfolio promote accountability through effective and reliable financial reporting systems and internal controls contribute to improved financial management by promoting and enforcing transparency and effective management of revenue, expenditure, assets and liabilities in all spheres of government.
The Minister of Finance, Mr Trevor Manuel, presented the Budget for 2003/04 on 26 February 2003.
The police and the criminal justice sector were allocated R2,7 billion for more police members, streamlining of the justice process and improved protection of women and children.
An additional R1,7 billion was allocated to universities and technikons, and for increased skills-development spending.
Personal income tax was cut by R13,3 billion.
A tax incentive for investment in underdeveloped urban areas was introduced.
The Child Support Grant (CSG) will be gradually extended to children up to their 14th birthday, providing benefits to about 3,2 million more children.
Mining, manufacturing and construction 1 503.
Total estimated expenditure 310 231 100,0 351 339 100,00 380 778 100,0 1 These figures were estimated by the National Treasury and may differ from data published by Statistics South Africa. The numbers in these tables are not strictly comparable to those published in previous years, due to the allocation of some of the unallocable expenditure for previous years. Data for the history years has been adjusted accordingly.
Mainly general administration, cost of raising loans and allocable capital expenditure.
Including cultural, recreational and sport services.
Including tourism, labour and multi-purpose projects.
allocations for primary-school nutrition were announced. An additional R1,9 billion was allocated to accelerate land restitution.
Pension and disability grants were increased by R60 to R700 a month. The CSG was increased by 14% to R160 a month, effective from April 2003. Some R1,2 billion was provided for emergency food-relief projects. An additional R38 billion was allocated to A further R1 billion went to expenditure on the National Research and Development Strategy for programmes relating to health, industrial biotechnology, food security and agricultural production. Municipalities received an additional R6,5 billion for free basic services, investment in provinces to finance higher social grants, textbooks, medicine, road maintenance, and to enhance the Government's response to HIV/AIDS. municipal infrastructure, rural water supply and sanitation, and the expansion of employment in community services. Sin taxes were increased.
The ad valorem duty on computers, which was 5% of the imported or manufactured price, was scrapped.
South Africa's debt, both domestic Randdenominated bonds and foreign-debt issues, enjoys increasing recognition on international capital markets and continues to attract a diverse range of investors.
This reflects the country's success in adopting sustainable fiscal and macro-economic policies, the evolution of a sound and transparent approach to debt management, the healthy Balance of Payments position, and the maturity of South Africa's financial markets. In recent years, both Standard and Poor's and Moody's Investors' Service upgraded their ratings of South African debt, affirming their confidence in the country's macro-economic and fiscal management. These assessments contribute to broadening South Africa's international investor base, and reinforce the favourable outlook for interest rates and the cost of capital.
South African foreign debt continues to trade at tighter spreads than the Emerging Market Bond Index, indicating that investors share the confidence expressed by international rating agencies, and regard South Africa positively in comparison with its competitors.
The primary objective of domestic-debt management has since shifted to the reduction of the cost of debt to within acceptable risk limits, with diversification of funding instruments and ensuring flexible government access to markets as secondary goals. Recourse to foreign borrowing has been stepped up, allowing the fiscus to contribute to reducing the foreign currency exposure of the South African Reserve Bank in its forward market portfolio.
Lower coupon bonds have been introduced, consistent with government's approach to reducing inflation in the years ahead.
The Public-Sector Borrowers' Forum was established in 2001.
Co-ordination between monetary policy and liability management has been strengthened through more effective liaison between the National Treasury and the South African Reserve Bank.
Regular meetings with the primary dealers, the Reserve Bank and the futures and bond exchanges provide a forum for ensuring a transparent and efficient bond market.
Debt consolidation has reduced fragmentation on the yield curve and improved liquidity of the benchmark issues. Illiquid bonds were consolidated into five liquid benchmark bonds, thereby smoothing the maturity profile and reducing refinancing risks.
The integrity and efficiency of the Government securities market have been strengthened through buying back illiquid bonds, including diverse 'ex-homeland' bonds of limited issue size.
Inflation-linked bonds were introduced to diversify government's investor base and to signal confidence in government's macroeconomic policy, while also providing an objective measure of inflationary expectations and benchmarks for other issuers.
The 'Strips' (Separate Trading of Registered Interest and Principal Securities) Programme has been introduced to increase demand for the underlying instruments and encourage active portfolio management.
State debt costs continue to fall as a share of government expenditure. It was projected to be 4,1% of Gross Domestic Product (GDP) in 2003/04 and is expected to decrease to 3,8% of GDP in 2005/06.
The liquidity in the domestic governmentbond market, measured by the increase in the nominal trades, has improved substantially during recent years, especially since the appointment of primary dealers in government bonds in April 1998.
1996 1,4 -0,7 -11,2 -6,3 -15,1- 14,0 -12,4 -1,5 1997 -1,2 1, 1,0 2 6,9 -6,8 -11,1 3,5 3,6 1998 -0,9 -0,7 -11,7 -8,8 -16, 2-17,0 -15,2 -9,3 1999 -2,9 -2,3 -7,6 -4,6 -9,5 -7,3 - 4,3 -21,5 2000 -1,9 -2,0 -5,1 -2,9 -11,4 -5,6 2,2 -16,1 2001 0,1 0,3 -14,7 -13,6 -18,9 -14,5 -16,1 -8,5 2002 2,5 0,7 -19,6 -16,0 -17,1 -20,9 -21,9 -15,1 1 Change compared with preceding period.
Weighted average exchange rate against most important currencies.
Percentage changes of average.
turnover increased further to R10,6 trillion and R12 trillion in 2001 and 2002 respectively. The bond yields continued to decline from the highs of 22% in 1998 to single digits in November 2001, but reverted to double digits on the back of the Rand's decline in the last quarter of 2001.
In actively managing its debt portfolio, the National Treasury is responsible for identifying, controlling and managing the risks to which government is exposed. A comprehensive riskmanagement framework of the National Treasury calls for quantitative analysis to model, monitor and manage risk exposure. The framework provides for a set of benchmarks or reference criteria against which the structure and evolution of the debt portfolio can be tested and understood.
The National Treasury tables a significant amount of legislation in Parliament annually.
legislation conceptualised and prepared inhouse legislation prepared by regulatory bodies such as the Financial Services Board (FSB) and the Reserve Bank, with policy direction provided by the National Treasury tax legislation prepared in conjunction with the South African Revenue Service (SARS), with policy direction provided by the National Treasury.
Appropriation Act, 2003 (Act 18 of 2003).
Amendment Bill.
The Financial Services Ombud Schemes Bill.
Exchange Control Amnesty and Amendment of Taxation Laws Act, 2003 (Act 12 of 2003).
At the end of February 2003, the Minister of Finance, Mr Trevor Manuel, became the first Finance Minister to address the International Labour Organisation (ILO) in its 85-year history.
In his presentation to the ILO's Working Party on Social Dimension of Globalisation, in Geneva, Switzerland, Mr Manuel stressed the importance of multilateralism in addressing the challenges of globalisation.
The Revenue Laws Amendment Bill. The Debt Collectors Act, 1998 (Act 114 of 1998), as well as its Regulations came into operation on 7 February 2003.
The Act provides for the establishment of the Council for Debt Collectors. The Council will exercise control over the occupation of debt collectors and legalise the recovery of fees or remuneration by registered debt collectors. In the past, a debt collector was not entitled to legally recover any amount from a debtor, and had to rely solely on the contract between him/her and the client for remuneration.
In terms of the Act, no person, excluding an attorney, an employee of an attorney or a party to a factoring arrangement, will be allowed to act as a debt collector unless he or she is registered as a debt collector in terms of the Act.
An employee whose duties are purely administrative, clerical or otherwise subservient to the actual occupation of debt collecting, is also exempted from registering as a debt collector. The Minister may also, in terms of Section 26 of the Act, on the conditions he or she deems fit, exempt any person or category from the provisions of the Act.
After 11 August 2003, a person who acts as a debt collector and who has not been registered as a debt collector in terms of the Act, will be committing an offence.
Once a debt collector has been registered, the Council will have jurisdiction over such a debt collector and can charge him or her and find him or her guilty of improper conduct. The Council has adopted a Code of Conduct which is binding to all registered debt collectors.
The Public Finance Management Act (PFMA), 1999 (Act 1 of 1999), came into effect on 1 April 2000 for all departments, constitutional institutions and public entities.
The PFMA, 1999 represents a fundamental change in government's approach to the handling of public finances, as it shifts the emphasis away from a highly centralised system of expenditure control by the treasuries. It holds the heads of departments accountable for the use of resources to deliver services to communities. It will also, in time, change the accounting base from cash to accrual.
regular financial reporting independent auditing and supervision of internal control systems improved accounting standards greater focus on output and performance increased accountability at all levels. The National Treasury has embarked on several initiatives to assist departments with capacity-building and ensure the successful implementation of the PFMA.
At the end of March 2003, President Thabo Mbeki hosted an indaba with leaders of South African big business. The Big Business Working Group is one of the groups that meet biannually with the President and Ministers to discuss matters of common interest.
The purpose of the meeting was to explore ways to accelerate the rate of growth and development in South Africa, and to ensure open and constructive communication between government and large corporations.
Representatives of the Big Business Working Group indicated that the Group was broadly satisfied with government's macro-economic policies such as the fiscal and monetary policy, and trade and industrial policy. While there were issues that will continue to be discussed and negotiated in detail regarding the actual implementation, there was broad agreement on the direction of macro-economic policy and micro-economic programmes.
government. This Framework includes guidelines on risk management and internal controls, and is based on the findings of a skills assessment of internal audit capacity in national and provincial departments.
These Guidelines were compiled to provide a contextual view of asset management. The Guidelines also clarify fundamental concepts, with an emphasis on financial management, accounting and reporting of assets.
In an attempt to provide direct assistance to provinces, the National Treasury initiated the PGPP. The sector-specific Chief Financial Officers' Forums (for the provincial Departments of Education, Health, Housing, Social Development and Transport) were established to improve the efficiency, economy and effectiveness of provincial departments by facilitating peer learning through the identification, documentation and communication of 'good practices' arising from collective experience. The immediate focus of the Programme is the development and use of measurable objectives, internal budget documentation, and the improvement of data quality and consistency. The deliverables of the Programme include the development of good-practice guides, the conducting of good-practice workshops, and the provision of training and support.
The appointment of members to the ASB is seen as a positive step towards the implementation of the PFMA, 1999. The formal establishment and functional operations of the Board will contribute extensively towards the implementation of Generally Recognised Accounting Practice in national and provincial departments, public entities, constitutional institutions, municipalities and boards, commissions, companies, corporations, and funds of other entities under the ownership control of a municipality.
In an attempt to ensure that Treasury regulations are consistent with international best practices prevalent in the private sector, these regulations have been aligned with the principles contained in the King II Report on Corporate Governance in South Africa, 2002. In this regard, certain concepts of the Report have been modified for adaptation in the Government finance arena, and the Treasury regulations have been amended accordingly.
The National Treasury has established the Validation Board in an attempt to exercise qualitative control over and accredit training material presented by external serviceproviders. The Board accredits courses that meet the requirements, and departments are accordingly informed as to who is offering courses of an acceptable quality. In this way, departments are made aware of courses that would be beneficial to employees and which would add value to their capacity-building initiatives.
The National Treasury, in consultation with the Office of the Auditor-General, is in the process of finalising normative measures for financial management.
contributing towards the improvement of financial management in the public sector providing a benchmark for accounting officers, to assist them with the continuous evaluation of the quality of financial management within their departments enabling the National Treasury and the Office of the Auditor-General to report on progress made in the implementation of the PFMA, 1999 as well as the status of financial management within a department or in the public sector as a whole.
The National Treasury plays a pivotal role in the management of government expenditure.
The National Treasury determines the financial-management norms and standards and sets reporting policy that guides the Auditor-General in the performance of his/her duties. It also assists Parliament, through the Standing Committee on Public Accounts, their recommendations and formulation of corrective actions. The National Treasury closely monitors the performance of State departments and is obliged to report any deviations to the Auditor-General.
The National Treasury furthermore maintains transparent and fair tendering processes, as well as accounting, logistic and personnel systems. It sets and maintains standards and norms for treasury and logistics, acts as banker for national departments, and oversees logistical control of stocks and assets.
In terms of Section 216(1)(c) of the Constitution, 1996, the National Treasury must prescribe measures to ensure both transparency and expenditure control in each sphere of government, by introducing uniform treasury norms and standards. These treasury norms and standards aim at deregulating financial controls, by granting accounting officers of spending agencies more autonomy in financial decision-making within the ambits of impending financial legislation.
The National Treasury plays an important role in supporting the economic policy to which government has committed itself. It determines the macro limit on expenditure, which is then matched with requests from departments in line with the affordability and sustainability of services.
Based on this limit, all national departments are requested annually to submit budget proposals for the following financial year to the National Treasury.
The Early Warning System was first established in 1997. Any likely under- or overexpenditure is brought to the attention of the Cabinet so that the relevant Minister can ensure that appropriate action is taken.
The introduction of the System has also assisted in the monthly monitoring of the expenditure trends of provincial departments, by having provincial treasuries reporting to the National Treasury in a prescribed format. The information derived from the Early Warning Reports is used for advising the Budget Council and the Cabinet. The Minister of Finance is also kept informed on a regular basis of the Early Warning Report results.
The National Treasury is responsible for the financial-management systems and training of government.
financial systems, which consist of the Personnel and Salary System, Logistical Information System, Financial Management System, Basic Accounting System and Management Information System banking services and financial reporting for government financial-management capacity development in national and provincial governments.
The Preferential Procurement Regulations, 2001 give substance to the content of the Preferential Procurement Policy Framework Act, 2000 (Act 5 of 2000). This Act and its Regulations are applicable to central and provincial departments and local government.
Tenders are evaluated according to a preference point system where tenderers can score a maximum of 80 or 90 points for price, while 20 or 10 points can be scored for contracting or subcontracting historically disadvantaged individuals (HDIs) and promoting/achieving specified Reconstruction and Development Programme (RDP) goals. A contract is awarded to the tenderer who scores the highest total number of points. The way in which the tender is evaluated, including the RDP goals to be promoted or achieved and the allocated points in this regard, forms part of the tender documents.
The implementation of the Regulations enhances the involvement of HDIs in the public tendering system and contributes to achieving RDP goals, including the promotion of the small-to-medium enterprises sector.
By mid-2003, the National Treasury was in the process of establishing a supply-chain management (SCM) office to assume responsibility for the development of SCM policies and procedures, the regulatory framework for SCM, and the monitoring of compliance with policies and procedures.
South Africa has made considerable progress in developing an anti money-laundering and combating terrorist-financing (AML/CFT) environment. In 2001, Parliament passed the Financial Intelligence Centre (FIC) Act, 2001 (Act 38 of 2001), which consolidates previous legislation and introduces new AML/CFT measures. The Act seeks to implement measures that are in accordance with international standards set by the Financial Action Task Force (FATF).
The implementation of the Act is the responsibility of the National Treasury, and during 2003, the FIC was expected to become an autonomous and self-functioning government agency reporting to the Minister of Finance.
Two institutions were created by the Act, namely the Money-Laundering Advisory Council (MLAC), which is intended to provide the Minister with legislative advice, and the FIC. The mandate of the FIC is to track irregular financial practices, especially the proceeds of crime. The Centre receives reports from accountable institutions, and stores and analyses this information. It then makes disclosures or information packages available to law-enforcement agencies for investigation. It may also make this information available to similar bodies in other countries.
The Act identifies a range of 19 different business sectors which it defines as being accountable institutions, and which are most vulnerable to abuse by criminals. These include banks, bureaux de change, life-insurance companies, stockbrokers, money remitters, as well as casinos, lawyers, accountants, investment advisors, estate agents and motor dealers.
The Regulations of the Act were approved in December 2002. They introduced reporting and compliance obligations for accountable institutions. All accountable institutions were obliged to submit suspicious transaction reports to the FIC with effect from 3 February 2003. Nearly 1 000 reports were received by mid-2003 and a significant number of disclosures were made to law-enforcement agencies for investigation. The FIC estimated that it would receive 3 000 reports during the 2003/04 financial year.
Additional measures came into effect on 30 June 2003, which included obligations for accountable institutions to identify their clients and keep proper records.
In 2002, South Africa became a member of the Eastern and Southern Africa Anti Money-Laundering Group (ESAAMLG). South Africa has also been attending meetings of the FATF as an observing member, and applied for FATF membership in 2002. As part of this process, South Africa agreed to undergo a mutual evaluation to access its compliance in terms of international standards. This was done in April 2003 as a joint FATF/ESAAMLG process.
The Egmont Group of Financial Intelligence Units invited the FIC to become a member of the Group after it conducted an assessment of the Centre.
The FFC is one of the innovations of the multiparty constitutional negotiations that took place between 1992 and 1994. The Commission, which came into operation in April 1994, is a statutory institution and permanent expert commission dealing with intergovernmental fiscal relations.
The FFC is responsible for making recommendations to Parliament and the Cabinet on the equitable division of revenue between national, provincial and local governments on an annual basis, giving advice on fiscal policies and taxes which provinces intend to impose, borrowing by local and provincial governments, and criteria to be considered in determining fiscal allocations. Additional responsibilities can be designated by means of appropriate legislation.
The Budget Council consists of the Minister of Finance and the nine provincial executive committee members responsible for Finance. The mission of the Council is to ensure that the country uses the available resources productively, efficiently and equitably, to the advantage of its people.
It recommends to the Cabinet the share each province should receive after taking national priorities and FFC proposals into account.
The positive performance of the South African economy in the wake of a global slowdown is indicative of a highly resilient economy.
Benefits associated with stricter fiscal discipline, which has resulted in lower budget deficits, and which will eliminate government dissaving and pave the way for higher fixed investment spending.
Improved domestic competitiveness in foreign markets. This has led to significant improvements on trade and current account balances.
competitiveness geographic spread of growth and develop ment.
The first pillar consists of cross-cutting issues: human resource development (HRD), infrastructure, access to finance, technology, and research and development (R&D).
By April 2003, Statistics South Africa indicated that there were between two and three million economically active (some of whom are below the tax threshold) entities that were not registered for tax. In the 2003/04 financial year, the South African Revenue Service focused on bringing these elements into the tax net by comparing databases that reflect economic activity with internal databases of registered tax payers.
cations and energy. In addition, access to these sectors needs to be widened to include all South Africans.
The third pillar consists of growth sectors that demonstrate a high potential for growth and employment, namely tourism, exports, agriculture, information and communications technology, and cultural industries.
Fine-tuning the micro-economic strategy.
Continued managed liberalisation and infrastructure investment in key input sectors.
Increased attention to the cross-cutting issues that underpin the strategy, including: -Clarifying the role of individual departments in sectoral HRD strategies.
Adopting a research strategy and allocating the necessary resources to implement it effectively. The Cabinet has already adopted a biotechnology strategy and the relevant Cluster was expected to table a relevant document on technology, innovation and boosting investment in R&D.
Establishing an integrated financing institution focused on BEE and small business.
An integrated approach to planning and implementation of infrastructure investment by government.
Developing and implementing an employment-creation framework.
Strengthening and co-ordinating government products and services to promote key growth sectors.
An integrated strategy for small business development, emphasising co-ordination and refinement of existing initiatives, addressing access to finance, and a greater focus on micro enterprises.
Implementing three components of the BEE strategy, namely an enhanced environment for BEE partnership programmes with the private sector; the establishment of a BEE Advisory Council; and a review of government procurement.
Incorporating a specific geographical dimension into the micro-economic reform strategy, to tap the economic and human potential of all nine provinces by co-ordinating current strategies such as the Integrated Sustainable Rural Development Strategy, Urban Renewal Programme, Spatial Development Initiatives, Industrial Development Zones and Integrated Development Plans, as well as regional economic integration and the New Partnership for Africa's Development (NEPAD).
In accordance with the SARS Act, 1997 (Act 34 of 1997), the Service is an administratively autonomous (outside the Public Service, but within the public administration) organ of State.
It aims to provide an enhanced, transparent and client-orientated service to ensure optimum and equitable collection of revenue.
On 19 August 2003, the South African Revenue Service (SARS), in partnership with the South African National Council for the Blind (SANCB), launched a project to train visually impaired people as call-centre operators.
As part of its Corporate Social Investment Programme, SARS pledged to provide bursaries worth R1 million to 10 students for call centre training, after which they will be employed by the organisation. SARS will also implement an organisation-wide awareness campaign to educate its employees on working with people with disabilities and people with special needs.
Research undertaken by the SANCB shows that visually impaired people are the least employed group in South Africa, with the employment of this group in the corporate sector being as low as 0,28%.
between SARS and an organ of State or institution entitled to the revenue provide protection against the illegal importation and exportation of goods facilitate trade advise the Minister of Finance on all revenue-related matters.
The National Treasury is also responsible for advising the Minister of Finance on tax-policy issues that arise at local, provincial and national government level. In its policy-advice function to government, the National Treasury must design tax instruments that can optimally fulfil their revenue-raising function, achieve economic and allocative functions, and strengthen redistributive and social-policy functions. This must be done in a manner that creates a basis for general political acceptability of the selected tax instruments. In designing tax policies, co-operation between the National Treasury and SARS is of the utmost importance.
As of 2001, South Africa's source-based income tax system was replaced with a residence-based system. With effect from the years of assessment commencing on or after 1 January 2001, residents are (subject to certain exclusions) taxed on their worldwide income, irrespective of where their income was earned. Foreign taxes are credited against South African tax payable on foreign income. Foreign income and taxes are translated into the South African monetary unit, the Rand.
Capital Gains Tax (CGT) was introduced on 1 October 2001. It forms part of the income tax system and includes capital gains made upon the disposal of assets in taxable income.
Value-Added Tax (VAT) is levied at a standard rate of 14% on all goods and services subject to certain exemptions, exceptions, deductions and adjustments provided for in the VAT Act, 1991 (Act 89 of 1991), as amended.
Transfer duty, estate duty, stamp duty, marketable securities tax, customs duty and excise duty are also levied by the national Government.
Regional Services Councils levy turnover and payroll taxes. However, these taxes are at fairly low rates. Local governments levy rates on the value of fixed property, to finance the cost of municipal services.
International tax agreements are important for encouraging investment and trade flows between nations. By reaching agreement on the allocation of taxing rights between residence and source countries of international investors, double-taxation agreements provide a solid platform for growth in international trade and investment, by providing a certain tax framework.
In the 2002/03 fiscal year, considerable progress was once again made in reaching agreements with other countries for the avoidance of double taxation in respect of income accruing to South Africa tax payers from foreign sources, or to foreign tax payers from South African sources.
Comprehensive agreements were in place with Algeria, Australia, Austria, Belgium, Botswana, Canada, Croatia, Cyprus, the Czech Republic, Denmark, Egypt, Finland, France, Germany, Greece, Hungary, India, Indonesia, Iran, Ireland, Israel, Italy, Japan, Korea, Lesotho, Luxembourg, Malawi, Malta, Mauritius, Namibia, the Netherlands, Norway, Pakistan, the People's Republic of China, Poland, Romania, the Russian Federation, the Seychelles, Singapore, the Slovak Republic, Swaziland, Sweden, Switzerland, Thailand, Tunisia, Uganda, the United Kingdom (UK), the United States of America (USA), Zambia and Zimbabwe. An agreement with the UK extends to Grenada and Sierra Leone.
Limited sea and air transport agreements existed with Brazil, Portugal and Spain.
Comprehensive agreements were ratified in South Africa with New Zealand and Nigeria.
Comprehensive agreements were signed but not ratified with Belarus, Rwanda and the Sultanate of Oman.
Comprehensive agreements were negotiated or renegotiated, but not signed, with Botswana, Bulgaria, Estonia, Ethiopia, Gabon, Germany, Ghana, Kuwait, Latvia, Lithuania, Malawi, Malaysia, Morocco, Mozambique, the Netherlands, Portugal, Qatar, Spain, Swaziland, Tanzania, Turkey, Ukraine, the United Arab Emirates, Zambia and Zimbabwe. Where treaties were being renegotiated, the existing treaties remained effective until a new agreement was finalised.
Comprehensive agreements were negotiated or renegotiated but had not been finalised with Bangladesh, Brazil, Saudi Arabia and Sri Lanka.
A number of other countries have expressed the desire to negotiate double-taxation agreements with South Africa.
These agreements cover all aspects of assistance, including the exchange of information, technical assistance, surveillance, investigations and visits by officials.
agreements had been ratified in South Africa with Algeria, the Czech Republic, Mozambique, the Netherlands and Zambia agreements had been negotiated but not signed with Angola, Iran and Norway a number of countries had expressed the desire to negotiate similar agreements.
Income tax is the Government's main source of income and is levied in terms of the Income Tax Act, 1962 (Act 58 of 1962).
In South Africa, income tax is levied on South African residents on their worldwide income, with appropriate relief to avoid double taxation. Non-residents are taxed on their income from a South African source. Tax is levied on taxable income which, in essence, consists of gross income less allowable deductions as per the Act.
Companies are taxed at a rate of 30%. In addition to this, secondary tax is levied on companies at a rate of 12,5% on all income distributed by way of dividends.
Finance applies to gold-mining companies. Smallbusiness corporations (annual turnover limit will be increased to R5 million) benefit from a graduated tax rate of 15% on the first R150 000 of taxable income and can write off certain investment expenditure in the year in which it is incurred.
Small businesses also receive double deduction for expenses initially incurred, with respect to a new business capped at the first R20 000 of available deductions.
Income tax returns are issued annually to registered tax payers after the end of each year of assessment. The year of assessment for individuals covers a period of 12 months which generally commences on 1 March of a specific year and ends on the last day of February the following year. Companies are permitted to have a tax year ending on a date that coincides with their financial year.
However, the Act also provides for certain classes of tax payers to have a year of assessment ending on a day other than the last day of February.
Tax returns must be submitted to SARS within 60 days from the end of the year of assessment or the date of the returns' issue. A tax payer may apply for extension for the rendition of a tax return.
People who owe SARS tax are charged interest at a rate as published in the Government Gazette in accordance with the PFMA, 1999. Persons who derive income from sources other than remuneration, e.g. trade, profession or investments and companies, are required to make two provisional tax payments during the course of the tax year and may opt for a third 'topping-up' payment six months after the end of the tax year.
VAT is levied on the supply of all goods and services rendered by registered vendors throughout the business cycle. It is the Government's second biggest source of income.
Effectively, the Tax is levied on the value added by an enterprise. As vendors levy and pay over the tax included in their prices, VAT is borne by the final consumer. VAT is also levied on the importation of goods and services into South Africa by any person. It is levied at the standard rate of 14%, but certain supplies are subject to the zero-rate or are exempt from VAT.
The prices of goods and services must be quoted/displayed on an inclusive basis, which means that VAT has to be included in all prices on products, price lists, advertisements and quotations.
South Africa is a signatory to the Southern African Customs Union (SACU) agreement, together with Botswana, Lesotho, Namibia and Swaziland (BLNS countries). The five member countries of SACU apply the same customs and excise legislation, the same rates of customs and excise duties on imported and locally manufactured goods, and the same import duties on imported goods. The uniform application of tariffs and the harmonisation of procedures simplify trade within the SACU common customs area.
Import duties, including anti-dumping and countervailing duties, are used as mechanisms to protect the local industry.
Customs and excise revenue collected in SACU is shared according to a formula that has been in place since 1969. Following eight years of negotiations, a new SACU Agreement was signed in October 2002. The new revenuesharing formula was expected to take effect in the 2003/04 financial year and will ensure long-term sustainability of these transfer payments. SACU revenue shares for 2003/04 amounted to R9,7 billion, with an anticipated rise to R11,6 billion and R12,4 billion in 2004/05 and 2005/06 respectively.
South Africa has entered into agreements on mutual assistance between customs administrations. These agreements cover all aspects of assistance, including the exchange of information, technical assistance, surveillance, investigations and visits by officials.
Agreements are in place with France, the UK, Mozambique and the USA. An agreement between South Africa and Algeria has been ratified. Agreements have been signed, but not ratified, with the Czech Republic and the Netherlands. Further agreements have been negotiated, but not signed, with Norway and Zambia.
In 2003, efforts were doubled to improve the effectiveness of customs controls and trade facilitation. One of the highlights includes the commencement of a 24-hour operation for commercial traffic at Beit Bridge, the busiest border post in southern Africa.
Another development will be the implementation of the simplified and harmonised transit procedures in terms of the Southern African Development Community (SADC) Protocol on Trade. The SARS will also step up the fight against customs-evasion through a year-long national enforcement campaign. At the same time, SARS will double efforts to strengthen co-operation with legitimate traders who operate within the terms of the law.
Excise duty is levied on certain locally manufactured goods as well as their imported equivalents. This duty is levied as a specific duty on tobacco, liquor and as an ad valorem duty on cosmetics, televisions, audio equipment and motor cars.
Relief from excise duty is available where excisable products are exported. In addition, relief is also available in respect of specific farming, forestry, and certain manufacturing activities.
Excise duties are imposed both as a means to generate revenue for the fiscus, and to change consumer behaviour.
Transfer duty is payable on the acquisition of property by individuals at progressive marginal rates between 0% and 8%.
Transfer duty on property acquired by a person other than an individual, e.g. a company or trust, is payable at a rate of 10%.
All transactions relating to a taxable supply of goods that are subject to VAT are exempt from transfer duty.
For the purposes of estate duty, an estate consists of all property, including deemed property (e.g. life-insurance policies, payments from pension funds, etc.) of the deceased, wherever situated. The estate of a deceased non-resident consists only of his/her South African assets.
The duty, at a rate of 20%, is calculated on the dutiable amount of the estate. Certain admissible deductions from the total value of the estate are allowed.
Stamp duty is levied on certain financial transactions.
MST is payable in respect of every purchase of marketable securities by a stockbroker, on behalf of any person, at a rate of 0,25% of the consideration for which such securities are purchased.
UST is payable in respect of the issue and change in beneficial ownership of any securities, which are transferable without a written instrument and are not evidenced by a certificate. It is levied at a rate of 0,25% and will eventually replace MST.
A skills-development levy was introduced on 1 April 2000. This is a compulsory levy scheme for the funding of education and training. SARS administers the collection thereof. The rate was at 1,0% of payroll as from 1 April 2001 and is payable by employers who are registered with SARS for employees' tax purposes, or employers who have an annual payroll in excess of R250 000.
A tax of R110 per fee-paying passenger departing on international flights and R55 per passenger departing to the BLNS countries is payable.
The SARS has exceeded its revenue target of R280 billion set during the Budget speech in February 2003. This was announced in Parliament by the Minister of Finance, who said growth in tax revenue collected by SARS in the 2002/03 financial year amounted to R281 billion.
Recent years have seen a marked decline in marginal rates for corporates and individuals, as well as the consolidation of income-tax brackets to eliminate the adverse effects of inflation.
The SARS has had considerable success in targeting and convicting tax evaders, thereby enhancing the overall tax-compliance environment considerably.
The implementation of a new enforcement strategy that targets areas of high risk and aggressive tax-planning practices. This has resulted in significant increases in the total revenue contribution of corporates through sector-specific enforcement action.
The upgrade of border infrastructure and the introduction of an informal disputeresolution mechanism for customs.
The achievement of process efficiencies through the establishment of rapid processing areas, thereby improving turnaround times.
The appointment of the SARS Commissioner in 2003 - for the third time in a row - as the chairperson of the World Customs Organisation. This was the first time in the history of the Organisation that anyone had occupied the seat for three consecutive terms.
From a customs perspective, SARS has been upgrading border posts in order to improve trade facilitation and better protect the public from trade in dangerous substances. Customs stepped up its anti-smuggling operations and targeted inspections.
Other initiatives in customs include the introduction of centralised registration, refund mobile units and a valuation database. A risk-based audit approach has been introduced, and differentiated service levels will be implemented through an accredited client scheme.
On 27 June 2003, SARS and the United States Bureau of Customs and Border Protection (USBCBP) signed a co-operation agreement in Brussels, Belgium to secure trade between South Africa and the USA.
Subsequently, SARS and the USBCBP commenced with intensive preparations to improve security measures at South African ports to ensure the safety of exports from South and southern Africa.
The agreement forms part of South Africa's commitment to facilitate and boost economic ties between South Africa and the USA. In terms of the agreement, both parties will exchange information and work together to identify, screen, examine and seal high-risk containers, and station customs officials at each other's seaports that handle significant volumes of direct container traffic between the two countries.
Audited results show that the actual receipts for 2001/02 were R248,3 billion or 6,4% more than the original Budget estimate. Significant deviations from the original estimates include company tax up by R12,4 billion, secondary tax on companies up by R3 billion, and trade tax down by R747 million.
The revenue outcome of R278,3 billion for the 2002/03 fiscal year was R13 billion higher than the original Budget estimate of R265,2 billion. The main reasons for this increase are the higher-than-estimated increase of price levels in the economy, and higher-than-anticipated growth in the economy. Taxes on income and profits grew at an annual rate of 8,4% and contributed about 60% to the main Budget revenue. Taxes on domestic goods and services and international trade grew at annual rates of 11,1% and 12,2%, respectively.
Sound structural changes since 1994 have created fiscal space for introducing tax-driven stimulus measures that seek to grow the tax base, create sustainable employment opportunities, and alleviate poverty. Personal income-tax relief for the period 1995 to 2002 totalled R48,9 billion. In support of economic activity, a tax holiday scheme was introduced in 1997, the corporate tax rate was reduced to 30% in 1999, and a split rate was introduced for small business in 2000.
Tax policy and enhanced revenue collection continue to contribute materially to improving growth prospects, development and employment creation through personal income-tax relief, encouragement of investment, measures to boost household savings, and reforms to stimulate enterprise development.
personal income-tax relief of R13,3 billion, raising the minimum tax threshold to R30 000 and increasing the take-home pay of wage earners to encourage consumption and saving reducing the Retirement Fund Tax to protect savings, especially of low-income earners accelerated depreciation allowances for urban development zones, materially addressing urban decay, and the supply of affordable housing to the urban poor eliminating the dividend tax from foreign subsidiaries, thus encouraging capital inflow reduced excise duties on passenger vehicles and abolition of duties on computers, easing their cost for business and personal use inflation-related adjustments to alcohol and tobacco taxes, in keeping with government's social and health policies.
The gambling industry in South Africa is regulated by the National Gambling Act, 1996 (Act 33 of 1996).
About 50 000 people are directly or indirectly employed in this industry, the majority of which are first-time workers.
Casinos, racing, gambling and wagering, excluding lotteries and sports pools, are functional areas over which the provinces and Parliament have concurrent legislative competence, in terms of Schedule 4 of the Constitution, 1996.
Substantial fixed investment is, and remains, a condition for a casino licence, and investments have to go beyond gambling. The Act provides for a maximum of 40 casinos nationwide. In 2003, 28 casinos were operational throughout the country. Investments of approximately R11,7 billion had been made, which included the establishment of conference centres for public use.
All gambling licences should ensure effective participation of the historically disadvantaged. On average, there is equity holding of 43% by BEE companies.
The Department of Trade and Industry was expected to submit a new Gambling Bill during 2003/04 to clarify the differences existing in legislation and administrative processes between provinces, particularly in respect of horse-racing. The licensing processes, costs, levels of taxation and types of bets allowed vary between provinces, creating confusion in the industry.
In September 1999, the Minister of Trade and Industry signed the National Lottery Licence Agreement with Uthingo Management (Pty) Ltd, the official lottery operator. The National Lottery celebrated its third anniversary in March 2003.
Lottery-ticket sales rose from R88,4 million in 1999/00 to R3,77 billion in 2002/03.
Amounts available for distribution to worthy causes amounted to R10,2 billion in 2000/01, R439,2 million in 2001/02 and R1,021 billion in 2002/03, while in the first three months of 2003, some R177,2 million was allocated.
During the 2002/03 financial year, the largest slice of funds was allocated to charities - R344 million of a total of R367 million available for distribution. Sport and recreation received R211 million of the R224,6 million available. Spending on arts and culture amounted to R170 million of a distribution amount of R224 million.
The Auditor-General is appointed statutorily by the President as the independent auditor of the executive authority. The Auditor-General's appointment, conditions of service, powers, duties and related matters are covered by the Constitution, 1996 and the Auditor-General Act, 1995 (Act 12 of 1995).
The Office of the Auditor-General was established in terms of Section 3 of the Audit Arrangement Act, 1992 (Act 122 of 1992). The Office of the Auditor-General gained independence from the executive authority on 1 April 1993 and operates as a juristic body under appropriate parliamentary control, namely the Audit Commission.
The Deputy Auditor-General is the chief executive officer (CEO) and accounting officer, and is responsible for the efficient management and administration of the Office. Six corporate executive managers assist the CEO.
The Office has a personnel complement of 1 400 and a budget of R560 million, and each year audits national and provincial departments, local governments, as well as a number of miscellaneous accounts.
Government auditing involves the investigation and/or evaluation of financial management practices, financial statements, and performance and compliance with the requirements by government and related institutions. The objective is to form an opinion on whether the financial statements fairly present the results of the operations of an auditee at a given time, and whether laws and regulations have been complied with. It also forms an opinion on control, to ensure that public funds and assets are safeguarded, accounting systems are functioning properly, and public monies are spent effectively.
The Office contributed significantly to developments that would improve the regular reporting on national government accounts.
Accounting for environmental assets, especially fresh water.
Formulating principles and indicators for municipal performance reporting.
Finalising and implementing improved municipal-accounting practices.
Assisting in the preparation of draft formats for the annual financial statements required of accounting officers in terms of the PFMA, 1999.
Summarising the findings of all national entities into a general report on audit outcomes. This enables the user of the report to view the audit results among Ministerial portfolio lines.
The Institute for Public Finance and Auditing, established in 1999 for the professional development of staff in government, is fully operational and implements an active programme of training. It has implemented a financial management improvement programme which is supported by the European Union.
In accordance with the PFMA, 1999, the Auditor-General has the power to investigate and audit the activities of public entities without the necessary approval of the CEO or board of directors, if he or she considers it to be in the public interest, or upon receipt of a complaint.
All the companies listed in terms of the Act have to report on their financial affairs and performance. Among these are the Post Office, Eskom and Transnet. Provincial auditors are responsible for the management of all audits of provincial governments, specific statutory bodies and municipalities. They are also responsible for related reporting to the provincial legislatures and other provincial and local government institutions.
The Reserve Bank and the Ministry of Finance form the monetary authority in South Africa. The Reserve Bank has been given a significant degree of autonomy in terms of the Constitution, 1996, and must perform its functions independently. However, the Reserve Bank must hold regular consultations with the Minister of Finance. Its management, powers and functions are governed by the South African Reserve Bank Act, 1989.
The Reserve Bank formulates and implements monetary policy and regulates the supply (availability) of money by influencing its cost. Monetary policy is guided by the objectives of the Reserve Bank, which are formulated to ensure financial stability. Consistent combating of inflation is the cornerstone of the Bank's policy. A formal inflation-targeting monetary-policy framework has been adopted since 2000.
Monetary policy is set by the Bank's Monetary Policy Committee (MPC). The Committee, consisting of the Reserve Bank's governors and other senior officials, usually meets once a quarter, after which it issues a statement indicating its assessment of the economy and policy changes, if any.
assisting government in formulating and implementing macro-economic policy formulating and implementing monetary policy to achieve its primary goal in the interest of the community it serves ensuring that the South African money and banking system as a whole is sound, meets the requirements of the community, and keeps abreast of international finance developments informing the South African community and all interested parties abroad about monetary policy and the South African economic situation in general.
The Reserve Bank is managed by a board of 14 directors, seven of whom are elected by the shareholders of the Bank and represent commerce, finance, industry and agriculture. The President of South Africa appoints the governor, three deputy governors and three directors.
The Reserve Bank acts as the central bank of South Africa and banker to other banking institutions. It provides accommodation to banks and is the custodian of the statutory cash reserves that all registered banks are required to maintain. It also provides facilities for the clearing and settlement of interbank obligations.
On 9 March 1998, the Bank implemented a system of repurchase transactions (repos) as the main instrument in managing liquidity in the money market. The repo rate is the price at which the central bank lends cash to the banking system. The repo rate has become the most important indicator for short-term interest rates.
The repurchase agreements entered into between the Reserve Bank and other banks are conducted on the basis of an outright buy-andsell transaction, with a full transfer of ownership of the underlying assets. The system also provides for a marginal lending facility, which replaces the previous discount window. This facility is available to banks at their initiative to bridge overnight liquidity needs.
The marginal lending facility forms an integrated part of the South African Multiple Option Settlement (SAMOS) System, which came into operation in March 1998.
This enables banks to electronically make payments to and receive payments from the Reserve Bank, through their settlement accounts held in the books of the Reserve Bank. Daily settlements of interbank exposures are effected through the SAMOS System.
Payments through the System can only be made if a bank has sufficient funds in its settlement account. Such funds can be obtained through interbank transfers, repurchase transactions, other types of liquidity-creating instruments of the Reserve Bank, or the marginal lending facility. The SAMOS System, however, allows banks to receive funds obtained in the interbank market directly in their settlement accounts in the Reserve Bank's books.
The Reserve Bank uses various instruments to achieve its objectives. These include changes in the repo-rate marginal-lending facility; open-market transactions, including selling its own debentures; changes in requirements with regard to cash reserves of banking institutions; and controlling the liquidity in the money market through repurchase transactions.
The Bank undertakes national and international transactions on behalf of the State, and acts for government in transactions with the International Monetary Fund (IMF).
The Reserve Bank is the custodian of the greater part of South Africa's gold and other foreign-exchange reserves.
The Reserve Bank issues banknotes (printed by the South African Bank Note Company, a wholly owned subsidiary of the Reserve Bank) and controls the South African Mint Company (SA Mint).
From about 1989, the main objective of monetary policy has been to secure a stable financial environment within which economic decisions are no longer influenced by high and variable inflation.
The Reserve Bank has therefore not applied monetary policy as a short-term countercyclical instrument, but has rather aimed at creating financial stability, which is seen as a necessary precondition for growth and development in the long run. To achieve the objective of low and stable inflation, the Reserve Bank adopted a policy framework that was initially anchored by the setting of guidelines for growth in the broad money supply (M3). In later years, the predictability of the relationship between growth in the money supply and growth in the aggregate nominal income became less certain. As changes in the money supply became a less reliable indicator of changes in nominal income in the short-to-medium term, the Bank decided to attach less significance to the growth in M3. Instead, movements in other financial and economic indicators were also thoroughly assessed during deliberations on policy issues. Because changes in money and credit totals are major determinants of inflation in the long run, they were nevertheless still seen as important variables that could be closely monitored by decision-makers.
The framework for monetary policy was tightened and made more transparent by adopting formal inflation targeting. Inflation targeting is aimed at facilitating the reduction of the inflation rate or the maintenance of price stability, and has been successfully adopted by an increasing number of countries in recent years. The National Treasury and the Reserve Bank initially agreed on an inflation target band of 3% to 6% on average for 2002, for the Consumer Price Index excluding mortgage costs (CPIX). This target was left unchanged for 2003 when the Minister of Finance announced new targets in October 2001, and a lower target range of 3% to 5% was introduced for 2004 and 2005.
Amid a global downturn and little domestic pressure on inflation, the CPIX inflation rate had declined to below the upper limit of the 2002 target by September 2001, and at that time it was expected that the downward trend would be sustained, albeit at a slower rate. However, the pressure on the exchange rate, which had been present since 2000, had intensified in the second half of 2001, and the impact that this had on the inflation rate inevitably caused the CPIX to reverse its downward trend. The CPIX inflation rate moved outside the 2002 target to 6,3% in November 2001.
An important challenge for monetary policy during this period was resisting the temptation to use interest-rate policy to defend the currency directly. For this reason, there was no change in the monetary-policy stance during the worst of the exchange-rate movements in November and December 2001. Nevertheless, monetary policy could not be impervious to the impact of exchange-rate changes on the measured inflation rate in an inflation-targeting regime. Although monetary policy can do little to offset the first-round effects of exchange-rate changes on the measured inflation rate, if the depreciation and initial price increase result in or threaten higher wage demands and further price-raising behaviour, then monetary policy could play a role in moderating these second-round effects.
An unscheduled meeting was therefore convened on 15 January 2002 and the repo rate was raised by 100 basis points. The primary reason for this increase was preemptive, with the main concern at the time being the evidence of higher inflation expectations that could feed through to higher wage demands and further price increases. In addition, although excess spending in the economy was still relatively moderate, there were signs of excessive increases in the money supply and credit-extension data.
Following the increase, monetary policy was tightened further during the subsequent three meetings of the MPC. In all cases the repo rate was increased by a further 100 basis points. By March 2002, it was clear that inflation expectations had been adversely affected by the depreciation, and that the impact of the depreciation on prices would not be limited to a once-off unavoidable first-round effect. In addition, there was concern about the continued high rate of growth in the money supply and credit extension, the state of the Balance of Payments, and the beginning of an acceleration in unit labour cost. This was against the backdrop of a world economy recovering from the downturn, with anticipated acceleration in the recovery. It was felt that tightening monetary policy at that stage, if successful in dampening wage and price increases, would avert the need for more drastic increases in the future.
By June 2002, the upward trends of inflation and inflation expectations had maintained their momentum, and unit labour-cost trends and money-supply developments remained unfavourable. By that time, CPIX inflation had moved above the 9% level and production price inflation (PPI) had reached almost 15%. There were, however, some positive indications that could have signalled a reduction in pressure on inflation, and that appeared to signal the peak of the interest-rate cycle at the time. These included the partial recovery of the Rand, the surplus on both the current and financial accounts of the Balance of Payments, the continued low level of capacity utilisation, and the fact that fiscal discipline was being maintained.
This relatively positive outlook appeared to be confirmed with the release of the production price index figures for June, which showed that PPI had declined. It was hoped that this would mark the turning point of the PPI and feed in with a lag to the CPIX. This appeared to bode well for the inflation outlook. Unfortunately, in July 2002, production prices resumed their upward trend. Apart from this setback, a number of factors contributed to the increasingly negative outlook for inflation when the MPC met in September 2002.
At the September meeting, the MPC had to take cognisance of the fact that not only was inflation rising at a faster rate than expected, but inflation pressures were also becoming more broadly based. It was no longer a case of rising food prices, but the price increases were becoming more generalised and had also spread to services. Furthermore, quarter-onquarter CPIX inflation was even more pronounced. Apart from this, the oil price was keeping petrol prices high, and the risk of an attack on Iraq by the USA was likely to keep these prices at higher levels, with a risk of further acceleration. The weaker exchange rate since June 2002 also clouded the inflation outlook.
Inflation expectations remained high, and there was increasing evidence that wage settlements were significantly higher in the third quarter than had been the case in the first half of the year.
The MPC also had to consider the fact that despite the previous increases in interest rates, growth in the monetary aggregates and credit extension had remained stubbornly high. On the positive side, despite fairly robust growth in demand, it was acknowledged that there was no sign of excess spending or productioncapacity constraints. Although inflation was being driven primarily by cost-push factors, it was felt that this, combined with accommodating monetary developments, required a monetary-policy response from the Reserve Bank. The challenge facing the Reserve Bank was to increase real rates sufficiently to achieve its inflation objectives, at a minimum cost to the real economy.
After the September MPC meeting, the outlook for inflation was still uncertain. Although inflation was expected to peak by the end of 2002, factors such as higher wage settlements, high money-supply growth figures, stubbornly high producer prices, and questions over the sustainability of the exchange-rate recovery cast doubt on the strength of the expected downturn in the inflation rate. The outlook for a relaxation of the monetary-policy stance was also influenced by the fact that the targets for 2004 and 2005 were to decline to 3 - 5%, which added to the pressures on monetary policy.
In October 2002, the Minister of Finance announced a revision of the targets for 2004 and 2005. In his Medium Term Budget Policy Statement (MTBPS) he announced that it was decided to modify the targets by maintaining the target at 3 - 6% for 2004, and that the target of 3 - 5% would be suspended until further notice. Subsequently, in the February 2003 Budget speech, it was announced that the target for 2005 would also be maintained at 3 - 6%, and that the target for 2006 would be announced concurrent with the October 2003 MTBPS.
The November MPC meeting was the first meeting in 2002 at which interest rates were not increased. This decision was taken despite the fact that CPIX inflation was still rising, having reached a year-on-year rate of 12,5% in October, and an even higher quarter-onquarter annualised rate of 12,7% in the third quarter. However, the prices of non-food goods appeared to be levelling off, although service prices, which are traditionally more sticky, were still accelerating.
There was sufficient evidence to suggest that the turning point in inflation had either been reached or was imminent. There were a number of fundamental factors that convinced the MPC not to raise rates further at that stage. These factors, included the significant slowdown in PPI; the strengthening of the external value of the Rand; the decline in international oil prices; slower growth in bank-credit extension; and a deceleration in the pace of growth in the more broadly defined moneysupply aggregates. These factors had been a major cause for concern earlier in 2002. In addition, there were other factors which continued to be conducive to a lower inflation environment, including continued excess production-capacity in the economy, the lack of signs of excess spending, and continued fiscal discipline on the part of government.
There were, however, a number of upside risks highlighted by the MPC. The Committee was particularly concerned about high inflationary expectations, the high increases in some administered prices, as well as the faster growth in nominal unit labour cost. This latter factor was of particular concern given the strong relationship between unit labour-cost increases and inflation, and the possibility of a wage/price spiral combined with higher inflation expectations.
The relatively long gap between the November 2002 meeting and the meeting in March 2003 gave the MPC a chance to better assess the sustainability of the improved inflation climate. At the time of the meeting, there were more positive signs that the downward trend in inflation was sustainable. Apart from the fact that the CPIX inflation rate itself had appeared to be on a downward trajectory, PPI had declined significantly.
The Rand's recovery proved to be sustained, and money supply and underlying bank-credit extension-growth continued to moderate. Apart from a decrease in capacity utilisation, the MPC noted that although fiscal policy was expected to be more expansionary in 2003, the projected levels for the Budget deficit over the next three years would not present any difficulties for monetary policy. Two other factors that had improved the inflation outlook since the previous meeting were that the current account recorded a surplus in the fourth quarter, and that food-price increases, a major driver of inflation in the recent past, had shown signs of moderating. Although foodprice inflation was still at a higher level than the average inflation rate, indications were that the downward trend would continue.
Despite this positive outlook, the MPC felt that it would be premature to be too complacent about inflation, and left the repo rate unchanged. The Committee was reluctant to reverse the policy stance, because certain risks were identified that could prevent or slow down the expected decline in the inflation rate. The major risk identified was that of the rate of increase in unit labour-cost which had risen considerably in the third quarter of 2003. Furthermore, it was felt that the publicity surrounding a number of recently announced increases in administered prices could have a negative impact on inflation expectations in general. Finally, the uncertainty surrounding the outcome and impact of the war in Iraq made it difficult to predict the short-to-medium term outlook for the recovery in the world economy and the behaviour of oil prices.
The MPC decided to reduce the repo rate by 100 basis points to a level of 11% effective from 15 August 2003.
On 11 September 2003, the repo rate was again reduced by 100 basis points to a level of 10%.
The course of future movements in the repo rate in either direction will continue to be judged by the Committee in the light of the outlook for inflation against the inflation target.
The FSB is an independent statutory body financed by the financial services industry itself. It supervises the exercise of control over the activities of financial institutions and financial services, excluding banks and mutual banks. The FSB also promotes programmes and initiatives by financial institutions and bodies, representing the financial-services industry, to inform and educate users of financial products and services. It also acts in an advisory capacity to the Minister of Finance.
The FSB supervises the exercise of control over such institutions and services, in terms of several parliamentary Acts, that entrust regulatory functions to registrars of long-term insurance, short-term insurance, friendly societies, pension funds, collective investment schemes, financial service-providers exchanges and financial markets. These functions converge in the office of the executive officer, acting with the other members of the executive and heads of the various departments of the FSB's administrative infrastructure.
Included in such functions is regulatory control over central security depositories and depository institutions responsible for the safe custody of securities.
The FSB is also responsible for the financial supervision of the Road Accident Fund.
Excluded from the FSB's responsibilities are some areas involving listing requirements or public issues, take-overs and mergers.
The Insider Trading Act, 1998 (Act 135 of 1998), provides for the establishment of the Insider Trading Directorate at the FSB. The Act makes it easier to impose criminal sanctions and, in addition, the FSB can take civil action against offenders.
The executive officer is provided with an armoury of regulatory sanctions, including the cancellation of authorisation to supply financial services.
The executive officer has formal powers of investigation to which criminal sanctions attach in the event of obstruction. He or she can, in certain circumstances, also petition for the winding up of, or placing under judicial management, certain financial institutions such as insurers and pension funds.
These powers of intervention do not, however, take the risk out of an investment made at a financial institution. All investments carry some degree of risk, whether relating to business or general economic conditions.
The Inspection of Financial Institutions Act, 1998 (Act 80 of 1998), gives the FSB greater policing powers. The Act allows the FSB to obtain warrants for searching and questioning third parties who might have information about unregistered financial institutions, such as those providing insurance or investment services.
The FSB is assisted by an advisory board on financial markets, and advisory committees on financial service-providers, long and shortterm insurance, pension funds and collective investment schemes. A Financial Services Consumer Advisory Panel was also established to advise the FSB and Registrar of Banks on consumer-protection issues falling within the regulators' jurisdiction.
The FSB maintains a close relationship with all existing industry associations. It liaises with overseas regulatory organisations and is a member of the International Organisation of Security Commissions, the International Association of Insurance Supervisors, the African Association of Insurance Supervisors and the International Network of Pension Regulators and Supervisors.
On the domestic scene, it liaises with bodies such as the Public Accountants and Auditors, Consumers Affairs Committee and various government departments, as well as with prosecuting authorities such as the South African Police Service (SAPS), the Directorate of Special Operations and the National Director of Public Prosecutions.
At the end of December 2002, 42 banks, including 14 branches of foreign banks and two mutual banks, were registered with the Office of the Registrar of Banks. Furthermore, 52 foreign banks had authorised representative offices in South Africa. The banking institutions collectively employed 115 734 workers at 8 438 branches and agencies.
Four major groups dominate the South African banking sector, namely Amalgamated Banks of South Africa (Absa) Group Limited, Standard Bank Investment Corporation Limited, FirstRand Holdings Limited and Nedcor Limited. These groups maintain extensive branch networks across all nine provinces, and together hold 82% of the total assets (R1,101 billion) of the banking sector.
The major banks offer a wide range of services to both individual and corporate customers. One-stop relationship banking, instead of isolated services, has gained importance. Nevertheless, several banks specialise in providing services in merchant banking, securities underwriting or other niche areas.
Industry-wide net income after tax declined to 0,4% of total assets in 2002. As a percentage of equity, industry-wide net income after tax decreased from 9,2% in 2001 to 5,4% in 2002. By the end of 2002, industry-wide net income before taxation had begun to decline to R8,9 billion, compared with R10,5 billion in 2001.
The change in focus of the regulatory authorities, from direct control to deregulation, has been accompanied by an emphasis on proper capitalisation, sound risk-management procedures and greater disclosure.
South Africa adheres to the capital-adequacy guidelines for banks issued by the Basel Committee on Banking Supervision, under the auspices of the Bank for International Settlements. In South Africa, the requirement to maintain capital equal to the full ratio of 10% of risk-weighted assets became effective in October 2001.
By the end of 2002, the banking sector as a whole had a ratio of capital-to-risk weighted assets of 10%.
Many demands are now being made on South African banking institutions to extend their activities to accommodate the banking needs of the underprivileged, and to provide more funds for housing, export financing, agriculture and small-business development. Several initiatives are under way to develop appropriate structures to provide access to finance to all sectors of South Africa's population.
The regulations relating to Banks, which form part of South Africa's banking legislation, were revised during 2002, ensuring South Africa's continued adherence to best practice.
The Bank Supervision Department envisages amending the regulatory framework in order to allow for the establishment of different classes of banking institutions, such as second-tier and third-tier banks.
A project to consider the establishment of narrow and core banks was initiated during 2002/03. The objective is to increase competition in the banking sector, while also creating greater access to basic banking services, such as savings accounts and housing and educational loans to the under- and unbanked.
The Department proposes that such banks be subject to lower-entry criteria, but that their business scope be limited. In order to safeguard the stability of the banking system, it is envisaged that narrow and core banks would be subject to strict conditions, such as being permitted to take retail deposits, but not to trade or invest in, for example, derivatives. Draft legislation was expected in 2003.
A process of regulating and enhancing the credibility of the microlending industry was initiated by the Minister of Trade and Industry a few years ago.
In May 1999, the Department announced changes to the laws governing the industry. Amendments to the Usury Act, 1968 (Act 73 of 1968), include three provisions: capping interest rates at 10 times the prime lending rate, increasing the loan ceiling from R6 000 to R10 000, and creating a system to compel microlenders to become members of a regulatory authority. Role-players in the industry were required to register with the Micro Finance Regulatory Council (MFRC) by 15 September 1999.
According to an Appeal Court ruling in July 2000, microlenders are not allowed to hold the bank cards and personal identification numbers of their clients as security.
In 2002, the MFRC instituted a Code of Conduct for microlenders aimed at encouraging responsible lending. The guidelines of the Code compel microlenders to assess applicants' levels of financial commitments against the National Loans Register (NLR) before advancing a loan. The NLR was launched in November 2000 by the MFRC to enable assessment of the ability of prospective borrowers to afford repayments on loans.
Microlenders are also required to maintain a register of their appointed agents, who are expected to carry identification cards bearing the lender's name and the MFRC logo.
Creditors who violate the Code of Conduct are penalised and subjected to disciplinary measures in accordance with the MFRC's disciplinary processes.
The Deputy Minister of Trade and Industry, Ms Lindiwe Hendricks, addressed the MFRC National Microlenders Awards ceremony held in Johannesburg in November 2002.
The Awards aim to promote and encourage excellence and innovation in micro-enterprise lending, consumer education and housing finance.
Ms Hendricks said at the ceremony that the Department of Trade and Industry's Unfair Business Practice Unit had investigated numerous complaints about unscrupulous lenders. Between June 1999 and November 2002, the Unit had received close to 7 000 complaints.
Several of these were referred to the SAPS and arrests and convictions have taken place.
Short-term (non-life) insurance is concerned primarily with risk assessment. The contracts usually run from year to year and can be cancelled by either party. These contracts apply to engineering, guarantee, liability, motor business, accident and health, property, transportation, and miscellaneous insurance. As at 31 March 2003, 96 short-term insurers were registered. The total gross premiums written for 2002 (unaudited figures) amounted to R31,5 billion and the total assets amounted to R38,6 billion (excluding the South African Special Risks Insurance Association Limited).
In essence, long-term insurance consists of life, assistance, sinking fund, health and disability insurance. Long-term insurance and pension and provident funds are concerned with maximising investment results, and life insurance is dominant. As at 31 March 2003, a total of 75 long-term insurers were registered. The total net premiums received and outstanding for 2002 (unaudited figures) amounted to R184,5 billion, while total assets amounted to R802,8 billion.
The Financial Advisory and Intermediary Services Act, 2002 (Act 37 of 2002), contains many of the provisions incorporated in the Policyholder Protection Rules. The FSB is in the process of redrafting these Rules to ensure that there is no duplication of provisions.
The FSB made a submission to the Minister of Finance to remove the statutory ceiling on the payment of commission to intermediaries on commercial and corporate business in the short-term insurance industry. Approval was granted on the grounds that the decapping would only become effective from the date on which intermediaries were licensed, as required in terms of the Financial Advisory and Intermediary Services Act, 2002.
In terms of the DBSA Act, 1997 (Act 13 of 1997), the primary purpose of the Bank is to promote economic development and growth, HRD and institutional capacity-building by mobilising financial and other resources from the national or international private and public sectors for sustainable development projects and programmes. The DBSA operates in South Africa and in all SADC countries.
Its mandate is focused on infrastructure, acting as a catalyst for investments in partnership with the private sector. The Bank's capital structure and financial policy have been changed, and there is a comprehensive approach to risk management.
The capital base of the DBSA has been strengthened by the Government callablecapital amounting to R4,8 billion, which can be accessed as and when required.
The financial resources of the DBSA are made up of the share-capital contribution of the National Treasury, borrowings in the financial markets, repayments on loans granted by it, and internally generated funds. In addition to these resources, it mobilises loan capital from other international sources.
As part of its funding strategy, the Bank has established lines of credit with reputable and highly rated international institutions such as the African Development Bank and the European Investment Bank. It also funds itself from bilateral sources such as the Kreditanstalt fur Wiederaufbau, Overseas Economic Co-operation Fund (Japan) and the Agence FranÃ§aise de Developpement.
By March 2003, the DBSA had raised R3,2 billion from multilateral and bilateral institutions.
The scale of impact on the Bank's funding operations has been estimated using economic modelling techniques. Employment opportunities generated directly and indirectly through projects co-funded by the DBSA in 2002/03 were estimated at 42 000. The ultimate direct, indirect and induced impact on the economy of projects co-funded by the DBSA in 2002/03 was estimated as having added R8,4 billion to GDP.
The number of households expected to benefit from new infrastructure projects funded or co-funded by the DBSA in 2002/03 was estimated at 717 000. Income flowing to low-income households as a result of projects co-funded by the DBSA in 2002/03 was estimated at R1,2 million.
The Land and Agricultural Development Bank (Land Bank) operates as a development finance institution within the agricultural and agribusiness sectors, and is regulated by the Land and Agricultural Development Bank Act, 2002 (Act 15 of 2002). The Land Bank provides a range of financing products to a broad spectrum of clients within the agricultural industry. Financing products include wholesale and retail financing to commercial and developing farmers, co-operatives and other agriculture-related businesses.
growth in the commercial market growth in the development market business efficiency: -service delivery -resource management sustainability. (See Chapter 4: Agriculture.
About 14 organisations act as managers of participation mortgage-bond schemes in South Africa. According to the South African Reserve Bank, investments totalled R3,8 billion on 31 December 2002.
Stokvels are co-operative rotating saving schemes that mobilise funds among mostly black communities for a variety of purposes. Rotating saving schemes similar to stokvels are also found in other countries such as South Korea, Jamaica, Egypt and Japan. An estimated one million stokvels operate in South Africa.
Equity unit trusts, or so-called open-ended trusts, are investment vehicles that provide a means of participation in the equity, bond and money markets for investors who may not have the time, money or expertise to effect investments successfully in markets on their own.
The price of units is calculated and published daily. Unit-trust management companies create units for sale to the public, either directly or indirectly through independent financial advisors.
Management companies may create units in the trust to meet the demand from the public, or may cancel them when the public sell back their holdings of units to the management company. The management company is obliged to buy back any units offered to it and at a price determined within 24 hours of receiving any notice of a buy-back from an investor.
Various unit trusts in South Africa offer similar ranges of investment plans, varying mainly as to the minimum amounts accepted.
There are two types of investment plans, namely the open-account or lump-sum plan, and the regular savings plan, which caters for regular monthly savers.
By March 2003, 29 management companies managed the assets of 466 separate unit trusts. Most of the companies are owned by South Africa's leading financial institutions. However, a number of independent institutions were registered in 2003. The market value of net assets of the unit-trust industry amounted to R181 billion (excluding intra-industry holdings of assets) at the end of 2002.
Since 1998, foreign collective investment schemes have been allowed to sell their products in South Africa, provided they obtain approval from the FSB. Individual investors utilising their foreign-exchange allowances, as well as institutional investors seeking foreign exposure, are the primary investors. At the end of 2002, 76 foreign schemes managing 401 different portfolios had obtained approval to market in South Africa. These schemes had a total value of R55,5 billion.
The unit-trust industry competes principally with long-term insurance companies, pension and provident funds, and investment trusts, for such investments. The trust deed stipulates the investment objective of each portfolio and constrains the investment managers regarding the type of assets in which they may invest. The other type of registered unit-trust scheme is property unit trusts. They mainly invest in shares of property-owning companies. Their units are listed on the JSE Securities Exchange (JSE) where investors can buy or sell them. By December 2002, there were six management companies managing nine portfolios with a market value of all listed units of R6,4 billion.
In preparation for the adoption of the Financial Advisory and Intermediary Act, 2002, major sections of which came into effect on 15 November 2002, the FSB underwent restructuring during 2002.
Part of the restructuring was the creation of a Financial Intermediary and Advisory Department which was finalised on 1 August 2002. The Act requires that a wide range of financial-service intermediaries and financialservice advisors in South Africa, in respect of a wide range of financial products which are listed in the Act, obtain a licence to carry out their activities. Only a small portion of financial intermediaries were included in the regulatory framework. The result of the adoption of the Act will entail that up to an estimated 20 000 financial intermediaries and advisors are required to apply for a licence to continue with their activities.
enhanced consumer protection professionalisation of the financial interme diaries and advisors sector in South Africa. The financial advisory and intermediary services' licensing process was expected to commence during June 2003. By no later than March 2004, all new licences in terms of the Act should be issued. The mechanisms for enhanced consumer protection provided for in the Act include the setting up of the Office of the Financial Advisory and Intermediary Services Ombud for consumer recourse, and the introduction of extensive, fit and proper criteria for financial-service intermediaries and advisors as well as Codes of Conduct to govern the activities of persons affected by the Act.
As at 31 December 2002, the FSB supervised 14 239 registered retirement funds and 179 registered friendly societies. These funds exclude the official State funds, Transnet, Telkom and some bargaining-council funds, all of which are not registered in terms of the Pension Funds Act, 1956 (Act 24 of 1956).
The total membership of all pension funds at the end of 2001 was 9 533 846, of which 8 252 092 were active members and 1 281 754 were pensioners, deferred pensioners and dependants. These figures do not reflect the total number of individuals who were members of funds, as some were members of more than one fund.
The total contributions received increased by 17,2% from R52 130 million in 2000 to R61 097 million in 2001. Total contributions to the State, Transnet, Telkom and Post Office funds increased by 15,2%, while total contributions to self-administered, underwritten and industrial funds in the private sector increased by 18%.
Benefits paid increased from R64 930 million in 2000 to R111 206 million in 2001. Amounts paid out in respect of pensions, lump sums on retirement or death, and resignations, were included.
Total assets of the retirement-fund industry in South Africa increased by 20,5% from R694 billion in 2000 to R836 billion in 2001.
The net assets of self-administered funds increased by 12,5% from R329 billion in 2000 to R730 billion in 2001.
Public-sector borrowers reduced their outstanding domestic marketable bond debt in the first 11 months of the 2002/03 financial year. Net redemptions of fixed-interest securities amounted to R4,2 billion from April 2002 to February 2003, compared with net redemptions of R15,2 billion in the same period of the 2001/02 fiscal year.
In contrast, the outstanding nominal value of private-sector loan stock listed on the Bond Exchange of South Africa (BESA) increased rapidly in 2002 with a marked increase in the second half of the year. Fuelled by, among others, the low cost of funding in the bond market relative to the high cost of borrowing in the money market, and the dearth of publicsector fixed-interest securities, listed privatesector loan stock increased from R28,9 billion in June 2002 to R38,9 billion in December, and expanded further to R40,9 billion in March 2003.
Government raised R10,7 billion through foreign-currency denominated debt issues in the international bond markets in 2002/03, compared with R12,4 billion in 2001/02. In 2003/04, national government raised R10,4 billion in May 2003 through the issuance of a 10-year 1,25 billion Euro global bond at a coupon of 5,25% and a spread of 142 basis points over benchmark German bonds. With this issue, government took advantage of low international interest rates and foreign investors' appetite for high-yielding South African securities.
In 2002, new issues of Eurorand bonds by non-residents in the European bond markets tapered off as the strengthening of the exchange rate of the Rand discouraged unhedged issues. Net issues of Eurorand bonds, to the value of R1,3 billion in the first quarter of 2002, were followed by net redemptions of R2,7 billion in the ensuing three quarters, resulting in overall net redemptions of R1,4 billion for 2002 as a whole.
The total value of equity-capital raised in the domestic and international primary share markets by companies listed on the JSE increased strongly during 2002 as noted by the R28,1 billion raised in the third quarter of 2002. Equity financing amounted to R60 billion in 2002 compared with R24 billion in 2001.
The abrupt depreciation of the Rand in December 2001 impacted negatively on the outlook for domestic inflation. From then on, bond yield movements became more sensitive to changes in the exchange-rate of the Rand, and nominal yields reflected the reassessment of the exchange-rate risk premium. The monthly average yield on long-term government bonds increased from 10,3% in November 2001 to 12,6% in March 2002. By the end of March 2002, the market settled down and the mon-thly average yield on long-term government bonds declined to 9,9% in February 2003 when it reached its lowest level since 1980. The decline in bond yields was the result of, among others, the appreciation of the exchange value of the Rand and the improved near-term outlook for inflation. However, the bond market rally lost momentum from the beginning of March 2003, in response to the uncertainties created by the US-led invasion into Iraq, a slower than expected moderation of inflation, and increased recourse to funding in the domestic bond market as announced in Government's Budget for 2003/04. The monthly average bond yield increased slightly to 10,0% in March 2003 before declining to 9,9% in April 2003.
Trading activity on BESA declined by almost 2% from a record R12,4 trillion in 2001 to R12,2 trillion in 2002. In December 2002, the nominal value of bonds in issue amounted to R440 billion, with a market capitalisation of R473 billion which included 272 listed bonds of 40 issuers.
Non-resident transactions in the secondary bond market changed from net sales of R25,6 billion in 2001 to, albeit small, net purchases of R0,2 billion in 2002. Sentiment again turned negative as non-residents once more reduced their holdings of South African debt securities by R5,6 billion in the first quarter of 2003. Subsequently, net purchases of bonds to the value of R5,8 billion were recorded in April 2003.
The monthly average price level of all classes of shares listed on the JSE fell by 32% from an all-time high in May 2002 to April 2003. The general decline in share prices was primarily driven by the strength of the exchange rate of the Rand, which reduced the attractiveness of Rand-hedge shares and dampened the prospects of companies with exposure to foreign earnings. The monthly average price level of the resources sector fell by 36% from May 2002 to April 2003.
Turnover in the share market was buoyant in 2002 and the value of listed shares traded on the JSE amounted to a record R808 billion. Liquidity, measured as turnover as a percentage of market capitalisation, reached a new level of more than 46% in 2002 compared with 38% in 2001.
Non-resident portfolio investment in the secondary share market switched from a net inflow of foreign portfolio capital to the value of R5,4 billion in the first half of 2002, to a net outflow of R11,0 billion in the second half of the year. On balance, a net outflow of R5,6 billion was recorded for 2002 as a whole, followed by net sales of R2,0 billion in the first quarter of 2003 despite net purchases in February and March. In April 2003, nonresidents increased their share holdings by R1,7 billion.
The South African money market is well advanced, with a fairly large number of banks and other institutions actively participating. The South African Reserve Bank implements monetary policy in a system based on a shortage in the money market and uses this to make its repo rate effective in influencing money-market interest rates. The Reserve Bank accommodates private banks through weekly repurchase transactions at fixed-rate tenders with a seven-day maturity. Banks with short or long liquidity positions are accommodated by way of final clearing repurchase or reverse repurchase-auctions at rates that are 1,50 percentage points above or below the fixed repo rate.
In cases where the Reserve Bank has unintentionally under-or overestimated the market's liquidity requirement, supplementary repurchase or reverse tenders are conducted at the fixed repurchase rate. These tenders are mainly aimed at enabling banks to square off their short or long positions. They are conducted at the Reserve Bank's discretion and occur more frequently than the final clearing repurchase auctions and the regular weekly auctions.
The average daily liquidity requirement of the private-sector banks varied between R12,2 billion in January 2002 and R10,5 billion in November 2002. During the first quarter of 2002, conditions in the money market eased somewhat, in part because of the liquidity assistance the Reserve Bank provided to certain banks when they encountered largescale deposit withdrawals. This easing was reflected in a decline of the average daily liquidity requirement to R11,0 billion in March 2002. In the ensuing months, liquidity conditions tightened again and the average daily liquidity requirement of private-sector banks increased to R12,2 billion in May, and R11,9 billion in July 2002. In January 2003, the liquidity needs of the private-sector banks declined to R10,6 billion from R11,1 billion in December 2002, but increased again to R11,2 billion in April 2003.
The Reserve Bank ensured the existence of an adequate daily liquidity requirement in 2002 and the first four months of 2003, by actively implementing various intervention techniques. These measures included foreigncurrency swap transactions with private-sector parties. The outstanding amount of these transactions rose from R41,1 billion at the end of January 2002 to R54,8 billion at the end of August 2002. During the second half of 2002, the Reserve Bank curtailed the use of foreigncurrency swap transactions with private-sector parties as a liquidity-draining instrument. This reduced the outstanding amount of foreigncurrency swap transactions with private-sector parties from R54,8 billion at the end of August 2002 to R45,3 billion at the end of December and R30,5 billion at the end of April 2003.
The Reserve Bank increased the outstanding amount of its own debentures from R2,1 billion at the end of January 2002 to R7,7 billion at the end of December. Debentures with a maturity of three months were introduced in August 2002 and gradually increased to R3,0 billion by December 2002, reducing the amount of onemonth debentures to R4,7 billion. Outstanding debentures amounted to R8,0 billion at the end of April 2003, divided between R4,4 billion with a one-month maturity and R3,6 billion with a maturity of three months.
The Reserve Bank also allowed the amount of reverse repurchase transactions in government securities to increase, on balance, from R5,8 billion in January 2002 to R8,6 billion in November 2002. This was reduced to R7,6 billion at the end of December 2002 as the strong demand for notes and coin drained an additional amount of R2,2 billion in liquidity from the money market during that month. At the height of the festive season, on 24 December 2002, notes and coin in circulation outside the Reserve Bank amounted to R42,1 billion or some R4,1 billion more than its corresponding peak in 2001.
When notes and coin began to flow back to the Reserve Bank, the reverse repurchase transactions were increased to R10,5 billion at the end of January 2003. These transactions were reduced to R10,0 billion at the end of February, but increased to R10,3 billion at the end of April. Out of that total, R6,3 billion worth of reverse repurchase transactions had a maturity of 28 days and R4,0 billion had a maturity of 91 days. The longer maturity had been introduced in June 2002.
The amount of vault cash that qualifies as a deduction when calculating banks' require cash-reserve deposits with the Reserve Bank was reduced further from 75% to 50% in September 2002. This drained about R1,7 billion from the money market, bringing the cumulative money-market effect of the new vault-cash dispensation to some R3,5 billion since September 2001. The currently prevailing deductible proportion will be reduced by a further 25 percentage points per year over a two-year period.
On 2 April 2002, some changes were made to the composition of the South African Overnight Interbank Average (SAONIA) rate which had been introduced by the Reserve Bank on 5 September 2001. Some changes have since been implemented to improve the SAONIA rate as an indicator of money-market conditions. As an example, the revised SAONIA rate now comprises the average rate on unsecured interbank funding at market rates only, i.e. it excludes the interbank overnight funding raised in terms of special agreements among banks at the prevailing Reserve Bank repurchase rate. The previous SAONIA rate, now called the SAONIA+ rate, covers all unsecured interbank overnight funding, i.e. the weighted average of funding at the repo rate as well as the other funding rates. Since their inception, the SAONIA and the SAONIA+ rates have moved in close proximity to each other and have both displayed limited volatility. Relatively minor fluctuations in the rates usually occur shortly before the start of a new maintenance period when the minimum reserve requirements of the banking system are under review, and occasionally on or close to the last trading day of the month.
The SAONIA rate rose from 8,44% on 10 January 2002 and briefly breached 12% on 28 June 2002, when some private-sector banks had to access the accommodation facilities of the Reserve Bank through the final clearing mechanism. In the ensuing months, the SAONIA rate moved even higher and reached 12,45% on 30 September. In the fourth quarter of 2002, the SAONIA rate firmed even further to fluctuate within a narrow range of between 12,48% and 12,78%, essentially emulating the steady behaviour of the Reserve Bank's repo rate. During the first four months of 2003, the SAONIA rate fluctuated within a range of between 12,31% and 12,88%. The rate amounted to 12,71% on 15 May 2003.
During 2002, the upward trend in other money-market interest rates was generally either in response to actual increases in the repo rate, or to inflation expectations hence anticipated increases in the repo rate. The 9x12-month Forward Rate Agreement (FRA) rate increased from 9,85% on 8 January 2002 to 12,97% on 27 March 2002. During the second quarter of 2002, the 9x12-month FRA rate steadily drifted downwards, signalling market expectations of potentially lower money-market interest rates later. The increase in the Reserve Bank's repo rate on June 2002 was seemingly fully discounted ahead of the announcement by the market, and the FRA rate consequently showed little variation in the aftermath of this tightening of monetary conditions.
October 2002 appeared to mark a turning point in the money-market rates as fears of higher inflation began to dissipate. However, at the beginning of 2003, mounting geopolitical tensions reversed the downward trend in money-market rates. The rate on three-month bankers' acceptances declined from 13,15% on 23 October 2002 to 13,03% on 8 November 2002, and by 11 basis points from 13,04% on 2 January 2003 to 12,93% on 19 March 2003. However, from the end of March, this rate moved higher and stood at 12,98% on 25 April 2003.
The tender rate on 91-day Treasury bills moved lower from 12,78% on 10 October 2002 and briefly fell below the 12%-mark in mid-November. During the second half of November 2002, the tender rate resumed its upward movement, rising from 12,28% at the end of that month to 12,74% on 14 February 2003, and remained around this level in the ensuing period to 14 May. The weekly amount of 91-day Treasury bills offered on tender was increased by R500 million to R1,5 billion from 31 January 2003, contributing to upward pressure on this rate.
The prime overdraft rates and the predominant rate on mortgage loans of the privatesector banks closely followed the changes in the Reserve Bank's repo rate during 2002. When monetary conditions tightened in the first nine months of 2002, these rates increased from 13% in early January 2002 to 17% in September - reaching their highest levels since July 1999.
Exchange control was first introduced in South Africa during World War II. This formed part of the emergency finance measures adopted by the British Sterling Area to prevent large capital outflows and protect foreign reserves.
The measures were at first applicable mainly to South African residents. From 1961, the capital transactions of non-residents were also restricted. In subsequent years, these controls were tightened or relaxed from time to time, depending on domestic and international circumstances.
Exchange control is administered by the Reserve Bank on behalf of the Minister of Finance. The Reserve Bank is assisted in this task by a number of banking institutions, which have been appointed by the Minister of Finance as authorised dealers in foreign exchange. These institutions undertake foreign exchange transactions for their own account with their clients, within limits, and subject to conditions laid down by the Reserve Bank.
The Government is committed to an open capital market and the gradual relaxation of exchange controls. The private individual investment allowance was increased from R400 000 to R500 000 and then to R750 000 in February 2000.
Part of the process of gradual exchangecontrol liberalisation and financial-sector strengthening is the shift to a system of prudential regulation governing the foreign portfolio investment of institutional investors, such as long-term insurers and pension funds. Prudential regulations are applied internationally to protect policyholders and pensioners from excessive risk, and typically include restrictions on foreign asset holdings, set at a certain percentage of an institution's total assets or liabilities.
Allowed to invest, on approval, up to existing foreign asset limits. These foreign asset limits are 15% of total assets for longterm insurers, pension funds and fund managers, and 20% of total assets for unit-trust companies. The previous restriction based on 10% of the prior year's net inflow of funds will no longer apply. The Exchange Control Department of the Reserve Bank reserves the right, however, to require a staggered transfer of such funds in some cases so as to maintain overall financial stability.
Required to submit additional information when making an application for a foreigninvestment allowance. The shift to prudential regulation requires improved data reporting on individual institutions' foreign investments and the foreign-diversification levels of the industry as a whole. The new dispensation became operational on 1 May 2003, after the National Treasury and Exchange Control Department, in consultation with the FSB, reached agreement with the respective industries on the appropriate revised reporting standards.
The global expansion of South African firms holds significant benefits for the economy - expanded market access, increased exports and improved competitiveness. In October 2002, the exchange-control allowance for foreign direct investment (FDI) into Africa was increased from R750 million to R2 billion, in line with South Africa's commitment to NEPAD. In order to facilitate the global expansion of South African companies from a domestic base, increased exchange-control allowances for direct investment are now being extended to investment outside Africa.
The allowance governing South African corporates' use of South African funds to finance new approved FDI outside Africa is increased from R500 million to R1 billion.
The allowance for the use of South African funds for investment outside Africa is expanded from just the financing of new approved FDI to include 'top-up' funding for the financing of new approved expansions of existing FDI. This expanded dispensation is maintained in the case of investment in Africa.
The global expansion of South African firms also holds potential benefits in the form of future foreign-income streams. These potential benefits may not have been fully realised owing to tax and exchange-control disincentives to the repatriation of foreign dividends. As part of easing the exchangecontrol impediments, dividends repatriated from foreign subsidiaries are eligible for an exchange-control credit, which will allow them to be re-exported, upon application, for approved FDIs.
A system of exchange-control allowances for the export of funds when persons emigrate has been in place in South Africa for a number of decades. Emigrants' funds in excess of the emigration allowance were placed in emigrants' blocked accounts in order to preserve foreign reserves. Reflecting the improved strength and resilience of the South African economy, these blocked assets will now be unwound. The imminent elimination of the net open forward position and an increasingly diversified and growing export sector create an environment conducive to dealing with the foreign reserve problems of the past.
The distinction between the settling-in allowance for emigrants and the private individual foreign-investment allowance for residents has fallen away, and there is now a common foreign allowance for both residents and emigrants of R750 000 per individual (or R1,5 million in respect of family units).
Emigrant-blocked assets were unwound. Amounts up to R750 000 (inclusive of amounts already exited) are eligible for exiting without charge. Holders of blocked assets wishing to exit more than R750 000 (inclusive of amounts already exited) must apply to the Exchange Control Department of the Reserve Bank to do so. Approval is subject to an exiting schedule and an exit charge of 10% of the amount.
New emigrants wishing to exit more than R750 000 (inclusive of amounts already exited) can similarly apply to the Exchange Control Department to do so, with approval subject to an exiting schedule and an exit charge of 10% of the amount.
The JSE was first established to provide a marketplace for the shares of the many mining and financial companies formed shortly after the Witwatersrand gold fields were discovered in 1886. The Exchange dates from November 1887.
It is regulated by the FSB under the Stock Exchanges Control Act, 1985 (Act 1 of 1985), and the Financial Markets Control Act, 1989 (Act 55 of 1989). The JSE in turn regulates its listed companies and brokers by extensive rules and directives. The JSE is the largest securities exchange in Africa and has a market capitalisation of several times that of all the other African markets combined.
In November 1995, the JSE permitted ownership by foreign and corporate members for the first time. The move, part of a broader deregulation package designed to entice local and international investors, parallels the London stock market's 'Big Bang' of 1986, although changes were phased in over time. These included closing the openoutcry market floor in favour of automated electronic trading, the introduction of fully negotiable commission, and dual-trading capacity.
The JSE is committed to promoting South Africa both regionally and internationally. In this regard, it has led the process of harmonising the listing requirements of the members of the SADC Committee of Stock Exchanges (COSSE). COSSE envisages an integrated real-time national network of securities markets in the region by 2006. The JSE has offered its trading platform to these members, and the Namibian Stock Exchange has been trading on the JSE's trading platform for the past four years.
On 6 August 2001, the JSE acquired the business and assets of the South African Futures Exchange (SAFEX). SAFEX is now incorporated into the JSE as two new divisions - the Financial Derivatives Division, which covers the equity and interest-rate futures and options markets, and the Agricultural Products Division, which covers commodities futures and options on maize, sunflowers, soya beans and wheat. The rules governing trading and the settlement of trades on SAFEX have remained largely unchanged. This has many long-term advantages for both exchanges.
The 2002/03 financial year brought momentous technological change for the JSE following the completion of most of the 31 projects identified under the Gateway 2002 strategic plan. These changes represent a major milestone in winning local and international investor confidence.
BESA is an independent financial exchange operating under an annual licence granted by the country's securities market regulator, the FSB. BESA is responsible for regulating the debt securities market in South Africa.
Although primarily a government-bond market, BESA also lists Rand-denominated debt securities issued by local government, public enterprises and major corporates. By 31 March 2003, BESA had granted a listing to some 272 bonds issued by 43 borrowers, with a total nominal value of R442 billion (US$1 = R7,88 as at 31 March 2003). Approximately 60% of this debt has been issued by central government. By comparison, there are some half-a-dozen listed corporate issues, including Telkom SA Ltd, Iscor, Absa Bank Ltd, Investec Bank Ltd, Standard Bank of SA Ltd and Sasol Financing. Of the listed bonds, some 84% by value have been immobilised in the Central Depository Ltd.
The evolution of sophisticated bond products in South Africa has been hampered generally by restrictive regulations, the relatively small size of the local market, and weak demand from both borrowers and investors.
CPI Index-linked bonds variable interest-rate bonds/floating rate notes strip bonds. BESA has appointed a Listings Advisory Technical Committee (Listech) to provide ongoing advice on BESA's Listings Disclosure Requirements and Rules. The aim is to ensure that these contribute to the strengthening of investor protection and market confidence.
The South African bond market is one of the most liquid emerging bond markets in the world. In 2002, the local market turned over its market capitalisation some 27 times.
Trading volumes recorded on BESA for the full year to 31 December 2002 exceeded R11,6 trillion, a marginal increase over that of 2001.
These local-trade figures for 2002 represent turnover of some 27 times market capitalisation. In addition to the trades concluded by BESA, some R383 billion was traded in the over-the-counter (OTC) off-shore market (for local settlement) during 2002, with a further R418 billion traded OTC, but settled through Euroclear and Clearstream rather than in South Africa.
The daily average turnover in 2002 amounted to some R46 billion per day (spot & repo).
BESA, in collaboration with the Actuarial Society of South Africa, has introduced a trio of bond indices that provide a simple yet accurate measure of total returns of representative bond portfolios, and benchmarks for historical performance. These indices (introduced in August 2000) replaced the previous bond indices used in South Africa.
These indices are published daily by the Exchange on its web site (www.besa.za.com) and are widely disseminated to all members, the asset-management community and the media. These indices are used by the assetmanagement industry as the benchmarks for the evaluation of the performance of the funds under management.
BESA is a licensed Exchange and together with its member firms must adhere to the Financial Markets Control Act, 1989 and a set of approved rules. As a self-regulatory organisation, BESA undertakes ongoing surveillance over all aspects of bond-market activity in South Africa.
BESA maintains the Guarantee Fund to ensure, as far as possible, the performance of trans-actions entered on the Exchange. The Fund provides members and clients with price-risk cover against a member default, to a maximum aggregate of R190 million. Since inception, no settlement defaults or claims on the Fund have been recorded.
Bond Exchange of South Africa Development Bank of Southern Africa Estimates of National Expenditure 2003,published by the National Treasury Financial Services Board JSE Securities Exchange Land Bank of South Africa National Treasury Office of the Auditor-General South African Reserve Bank South African Revenue Service www.gov.
Abedian, I.A. and T., and Walker, L. Promises, Plans and Priorities: South Africa's Emerging Fiscal Structures. Cape Town: Institute for Democracy in South Africa (IDASA), 1997.
Budlender, D. The Women's Budget. Rondebosch: IDASA, 1996.
Clark, I., Louw, E. and Myburgh, J. More Small Business Opportunities in South Africa. 2nd ed. Cape Town: Zebra Books, 1996.
Dolny, H. Banking on Change. Sandton: Penguin, 2001.
Falkena, H.B. Financial Policy in South Africa. Halfway House: Southern Book Publishers, 1991.
Falkena, H.B. Fundamentals of the South African Financial System. Halfway House: Southern Book Publishers, 1993.
Falkena, H.B. ed. South African Financial Institutions. Halfway House: Southern Book Publishers, 1992.
Fölscher, A. and others. Transparency and Participation in the Budget Process: South Africa:A Country Report. Cape Town: IDASA, 2001.
Fourie, L.J., Falkena, H.B. and Kok, W.J. eds. Fundamentals of the South African Financial System. Students' Edition. Halfway House, Gauteng: International Thompson Publishing, 1996.
Human, P. and Horwitz, F. On the Edge: How the South African Business Organisation Copes with Change. Cape Town: Juta, 1992.
Jones, S. Banking and Business in South Africa. Basingstoke: MacMillan, 1988.
Kelly, M.V. Financial Institutions in South Africa - Financial, Investment and Risk Management. Cape Town: Juta 1993.
Kok, P. and Pietersen, J. Financial Services. Pretoria: HSRC, 2000.
Makinta, V. and Schwabe, C. eds. Development Funding in South Africa: 1998 - 1999, Pretoria: Human Sciences Research Council (HSRC), 2000.
Whiteford, A. and Van Deventer, D.E. Winners and Losers: South Africa's Changing Income Distribution in the 1990s. Pretoria: HSRC and Warton Econometric Forecasting Services, 2000.
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Tel: 27 012 3108619, Fax:27 012 3217381, E-mail: joanl@statssa.gov.
This third progress report on the Millennium Development Goals (MDGs) was produced with financial assistance from the United Nations Development Programme (UNDP). The report is a joint effort by the Government of South Africa, the Civil Society Organisations (CSOs), including business interests of South Africa and the office of the United Nations Resident Representative in South Africa. The preparation of the report was led by Statistics South Africa (Stats SA), which is the MDG Secretariat and as such provided overall direction and coordination.
The report benefited from the contributions by United Nations agencies, most specifically UNDP and UNICEF. In particular, the active advocacy and participation by the CSOs who, on their own, found it fitting to organise a CSO Summit on the MDGs and emerged with the Cape Town Declaration on the MDGs. They provided an invaluable and refreshing perspective on the successes, challenges, recommendations and a programme of action for the MDGs. Their persistence on further provincial consultation even in the dying minutes of finalising the report guaranteed stakeholder ownership and thus made this report a truly MDG Country Report. The report acknowledges substantive inputs received from all members of the Sectoral Working Groups (SWGs), the National Coordinating Committee (NCC), and the Report Drafting Team.
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Establishing the optimal balance between improvements in organisational management and overall product quality is as difficult in a national statistics agency as it is in any other institution.
Over the past 18 months Statistics SA has had to devote considerable energy and resources to improving internal management and support systems. Financial management and administration, systems of reporting, budgeting and the planning cycles have all consumed resources.
However, systems for organisational management have value only in as much as they support and underpin an institution's core objectives. In Stats SA's case these centre on the collection, processing, analysis and dissemination of data that meet the key criteria of quality.
Coherence - the degree to which information can be brought together with other statistical information within a broad analytical framework.
Interpretability - the availability of the supplementary and meta data necessary to interpret and use it appropriately.
Stats SA has embarked on a programme covering the six dimensions of data quality. Eventually, this will impact not only on the way in which data is collected and disseminated but on the very governance and management of official statistics in South Africa.
The introduction of a new business register, underpinning sampling for economic statistics, is one element in this programme. Already the new business register has facilitated more extensive coverage of the economy.
Improvements in Stats SA's master sample, which is used to draw samples for regular household surveys, are another.
Stats SA's development project, which is investigating ways of collecting prices used to calculate indices such as the consumer price index (CPI), involves another major quality initiative.
A team of 17 people, including the national manager of CPI field collections at the Australian Bureau of Statistics (ABS) as a consultant, is spearheading the testing of new and more accurate ways of collecting prices.
Stats SA has been able to access some of the best international expertise in its programmes of continuous data improvement.
World-renowned statistical experts from Australia and Canada have assisted in the redevelopment of the business register, as well as the re-engineering of some of the key economic series.
Only last week a senior manager from the ABS was in Pretoria to advise on the development of data warehousing in Stats SA - a field in which Australia is an international leader.
Pali Lehohla is South Africa's statistician-general and head of Stats SA. For more information on Stats SA and its statistical outputs visit www.statssa.gov.
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Discussion paper 89 on the right of the Director of Public Prosections to appeal on questions of fact was published for general information and comment in January 2000. Particulars of the report appear in Chapter 4.
On 24 November 1999 the project committee approved in principle that attention should be given to the incorporation of inquisitorial elements in the procedure. Professor P J Schwikkard and Judge Nugent were contracted by the German Technical Co-operation to prepare a draft discussion document. A draft discussion paper was approved by the project committee on 21 November 2000. The discussion paper will be considered by the Commission early in 2001.
The Commission concludes that the Criminal Procedure Act, because it gives a wide discretion to the prosecution, directly and indirectly, does provide for plea agreements. What it does not cover, however, is sentence agreements. Studies show that plea (and even sentence) negotiation is active in South Africa and plays an important role in our criminal justice system.
There are two types of sentencing agreements. The one is where the prosecution, in exchange for a plea of guilty, undertakes to submit to the court a proposed sentence or agrees not to oppose the proposal of the defence. This type is known in our law. The agreement has no effect on the court and does not require any particular action from the court. The court can ignore the agreement or implement it. If it ignores the agreement, the plea of guilty stands, so does the sentence. The Commission concludes that there is no reason why this procedure should be dealt with by way of legislation. The second type is the case where the accused agrees with the state to plead guilty provided an agreed sentence is imposed. In the Commission's view it is this type of agreement that should be legalised and regulated.
° The prosecutor and an accused may enter into an agreement in respect of a plea of guilty to the offence charged or to an offence of which the accused may be convicted on the charge and an appropriate sentence to be imposed by the court if the accused is convicted of that offence.
° Such an agreement will become binding on both the accused and the prosecution as soon as the plea is entered, but it does not bind the court.
The objective is to develop a comprehensive Sentencing Act that would provide a permanent framework for sentencing in South Africa. The project committee appointed for the investigation plans to adopt a holistic approach to all issues related to sentencing, which would include placing victims at the centre of the criminal justice system. The names of the project committee members are reflected in Annexure B.
Discussion paper 91 on a new sentencing framework was published for general information and comment in April 2000. The report on a new sentencing framework is discussed in Chapter 4.
On 10 September 1999 a subcommittee on victim empowerment was established and it was resolved to outsource research in respect of a compensation fund for victims of crime. Financial assistance is being provided by the German Technical Co-operation. The contract was awarded to the Centre for the Study of Violence and Reconciliation and a draft discussion document was completed on 15 September 2000. The project committee approved a draft discussion paper on 9 November 2000. The discussion paper will be considered by the Working Committee early in 2001.
The Commission has been investigating aspects of the law relating to AIDS since 1993. Since then extensive research has been done, evidence has been heard from interest groups, and a discussion document (working paper 58) was published for general information and comment during 1995. Comments on the working paper reflected differences of opinion between interest groups. A project committee representative of divergent interests under the chairmanship of Judge E Cameron has been assisting the Commission in this task and developing final recommendations on several issues regarding HIV/AIDS since August 1996. The names of the other members of the project committee are reflected in Annexure B.
In 1998 the Commission completed a fourth discussion paper (discussion paper 80) dealing with the need for a statutory offence aimed at harmful HIV-related behaviour. The discussion paper was published in January 1999. Information regarding the discussion paper is contained in the 1998 annual report. The project committee has since considered the comment on the discussion paper, proceeded with additional research, and received inputs from the Commission's sexual offences project committee. In view of the divergent comments received, a consultative meeting with experts and interested parties was held. The compilation of a draft report has been kept in abeyance until the completion of work on the report dealing with compulsory HIV testing of persons arrested in sexual offence cases. A draft report on the need for a statutory offence aimed at harmful HIV-related behaviour was considered by the project committee on 7 December 2000. The report will be considered by the Commission early in 2001.
° Something similar to an Estate Duty Return is required to satisfy the Master that no estate duty is due.
° Subject to the provisions below or the provisions of an order of court every person shall, before letters of executorship are granted in his or her favour and thereafter as the Master may require, find security to the satisfaction of the Master in an amount determined by the Master for the proper performance of his or her functions as executor.
A report on the Interception and Monitoring Prohibition Act was submitted to the Minister in November 1999.
Work in this project was suspended for a substantial period as a result of the researcher's involvement in other urgent investigations and activities.
A draft discussion paper on computer-related crime: preliminary proposals for reform in respect of unauthorised access to computers, unauthorised modification of computer data and software applications and related procedural aspects was approved by the project committee in November 2000. The discussion paper will be considered by the Commission early in 2001.
The investigation focuses mainly on the question whether the provisions contained in the Marriage Act are adequate or whether they should be amended.
A discussion paper was published for general information and comment in September 1999.
The objective of the investigation is to determine whether or not the use of electronic equipment in court proceedings is a viable option to save costs or prevent delays in civil and criminal trials.
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It is just over two years since the first Inside Statistics appeared. On the occasion of the 100th column, it seems appropriate to review the sometimes turbulent changes in official statistics charted and presented in the column.
The error in estimating the rental component of consumer price indices was dealt with extensively in earlier columns. Stats SA's investigation into the cause of this error, and the steps taken to rectify weaknesses in collection of price indices, were the subject of a number of articles.
The work of a consortium of international statistical specialists convened to assist Stats SA in assessing its economic outputs was detailed over a period of time.
Later on, pilots to test direct collection methods for prices, rather than postal surveys, were also discussed and reported on, while the massive change in the register used for drawing samples for economic surveys was an ongoing theme.
The construction of a new business register, based on company registration records of the SA Revenue Service, was the single largest element in the revision of economic measurement.
This enabled more extensive coverage of economic activity in all sectors, and underpins the upward revisions undertaken in a number of the economic series.
One consequence of this improved measurement was the upward revision of gross domestic product (GDP). The different factors involved in the November 2004 release of GDP data (revision, rebasing, benchmarking, and improvements in measurement) have been common themes.
A related theme involved resistance to change in economics statistics, with the arguments of those prioritising consistency and stability being weighed against those committed to improvements in quality and coverage.
The use and abuse of statistics, particularly when data is mobilised in support of vested or specific interests, formed a constant backdrop to the discussion of economic measurement.
Revision and change is never easy, and the redevelopment of Stats SA's economic series is no exception.
Stats SA has, in the past two years, been criticised for revisions made as a result of improved data quality, and a number of editions of Inside Statistics drew attention to what Len Cook, respected national statistician and head of the British Office of National Statistics, has referred to as the "expected and inevitable" nature of statistical revision.
While often focusing on economic measurement, Inside Statistics has discussed many of the other elements in the statistical cycle. A series discussed each of the major moments in a population census, drawing examples from South Africa's 2001 census.
Different ways of collecting statistics - through censuses, surveys, administrative records and registers - have been evaluated.
Stats SA's involvement in structures and systems for the development and co-ordination of statistics have been reported on, with South Africa's evolving national statistics system receiving regular attention, together with the UN Statistical Commission, Southern African Development Community, other African statistics bodies, and the Partners for the Development of Statistics in the 21st Century (Paris21) as part of the UN system of statistics.
This column has chronicled Stats SA's development of web-based technologies for online data access and mapping functionality; the release of digital and interactive products; and set out details of the project to build a warehouse for storage and retrieval of statistical data.
A guiding principle in compiling Inside Statistics has been transparency. Difficulties and risks have been openly discussed, and the almost-inevitable errors which accompany complex processes of statistical change identified, acknowledged and debated.
Official statistics has come a long way since the first column appeared. The economy is being measured more accurately, on the basis of better samples drawn from a new business register.
Errors in this set of processes cannot be excluded, nor will they be hidden or denied. There may be future revisions, as the business register is progressively expanded.
Inside Statistics looks forward to charting these sometimes turbulent, but always interesting, waters together with its readers and users of statistics.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its outputs visit www.statssa.gov.
<fn>GOV-ZA.10may20071En.2012-02-10.en.txt</fn>
An article recently published on the Free Market Foundation's website incorrectly reported that Statistics SA was in the process of phasing out its Labour Force Survey (LFS) and replacing it with a Quarterly Employment Survey (QES).
The article was inaccurate in most respects. The two surveys have coexisted for a number of years, and neither is replacing the other. And rather than being phased out, the frequency of the LFS is actually being increased from semiannually to quarterly.
The article was, however, accurate in at least one respect: the importance of accurate statistics on employment and unemployment, which are central to measuring the progress and welfare of a country.
Stats SA's employment data receive widespread scrutiny by policy makers, researchers and the general public. Not surprisingly, estimates of employment levels are often contested by contending interests, and calculations by individual researchers sometimes differ from the official data provided.
Stats SA produces two measures of employment, a practice that is fairly common among statistical agencies. The basic difference between these measures lies in the underlying objectives of the surveys from which they are produced, the concepts and definitions used, and the methods of data collection.
The QES is based on information derived from payroll records in employer businesses and is primarily a series aimed at tracking the demand for labour in the different industrial sectors. The LFS, on the other hand, is derived from household surveys and is a series about the supply of labour.
Generally, users of statistics regard the QES as the best indicator of the level of aggregate employment for the formal sector, while the LFS provides the only source of estimates of informal employment.
The QES is, however, released quarterly while the LFS is currently only released biannually. Both are undergoing various changes. For the QES, the changes are mainly aimed at improving the quality of the estimates of employment both overall and by industry. Changes in the LFS will improve methodology, boost quality, increase frequency (to quarterly from 2008) and advance timeliness (to four weeks after the end of the quarter surveyed).
The main rationale for introducing a quarterly LFS is to track more regularly changes in employment patterns in the economy and other aspects of the labour market. Accelerating the frequency and timeliness of the LFS will enable policy makers to respond more rapidly to employment turning points because they can be identified earlier.
There has been some debate, both within Stats SA and the user community, over whether it makes sense to maintain two collections of employment data. Their co-existence cannot be justified on differences in method and approach alone. Two series are required only if they serve different or complementary roles.
The LFS provides the best overall measure of employment and unemployment in the economy, while the value of the QES lies in its industrial dissection of formal sector trends.
At core, the LFS measures labour supply trends, the contribution of work earnings to household income, and unemployment rates. The QES is designed to gauge labour costs and changes in the demand for labour.
Contrary to some ill-informed speculation, both surveys are being maintained, and improved. The QES will increasingly develop better dissections of employment growth by industry, which should become the survey's primary role and strength.
The redeveloped LFS will continue to provide the most reliable measure of the levels of formal and informal sector employment. With its greater frequency, it will provide very current data on these levels.
<fn>GOV-ZA.10mfmalearningonlineguideEn.2012-02-10.en.txt</fn>
10 What computer specifications are required?
This is the minimum system requirements for each desk top computer or notebook where learning will take place. In some cases and especially for people with key roles in implementing the MFMA this software may continue to reside on their own computer after the learning has been completed. A browse function will allow the learner to revisit any part of the completed learning modules at any time and hence provides a valuable resource for future reference.
For this installation you will need administrator rights to install software and administer ODBC database sources.
Audio: Audio required. Speakers or earphones required.
Try loading the latest driver for your sound device. This will probably require assistance from an IT support technician.
<fn>GOV-ZA.10nov2005tshwaneinnercityprogrammelaunchEn.2012-02-10.en.txt</fn>
Annually the national government through the Department of Public Works spent in excess of two billion rand (R2 billion) to pay for leases and other related property management tariffs such as rates and services, nationwide, with both the private sector and the local government as beneficiaries. Invariably it is the same stakeholders that are expected to drive the process of Tshwane inner city regeneration, possibly with the participation of the Gauteng Provincial Government through their major investment projects as espoused by the Gauteng Economic Development Agency (GEDA).
Our message to you today is that THE WORK HAS BEGUN and the next ten (10) years will see an injection of over eight billion rand (R8 billion) by national government and private sector through capital budgets, leasehold improvements and public-privatepartnerships. In terms of Programme Management, a Steering Committee has been established between DPSA, DPW, National Treasury and the City of Tshwane. Among others the Committee will champion the programme, oversee and monitor implementation, finalize the funding strategy and ensure coordinated implementation. The Department has appointed Mr Dumisani Dlamini as the Deputy Director General responsible for the entire programme management.
<fn>GOV-ZA.10november20051En.2012-02-10.en.txt</fn>
Over the past weeks, speculation over the country's economic growth rate has been more pronounced than usual. Some economists have suggested that the rate of increase in value-added tax collections, or an increase in the number of workers registered on the Unemployment Insurance Fund (UIF) database, are good indicators of economic growth.
Statistics SA calculates gross domestic product (GDP) using both production and income approaches. The production approach derives GDP at market prices by deducting intermediate consumption expenditure (uses) at purchasers' prices from total output at basic prices after making provision for taxes and subsidies on products as well as trade and transport margins.
The income approach entails summing all the components of value added - compensation of employees and gross operating surplus after making provision for taxes and subsidies on products.
The SA Reserve Bank is responsible for compiling the expenditure approach to estimate the GDP. This entails the summation of the components of final demand - household consumption expenditure, general government consumption expenditure, fixed capital formation, change in the value of inventories and exports, and subtracting imports.
GDP estimations are data intensive and overreliance on one source to assess economic growth (UIF registrations, for example) might result in conclusions that cannot be sustained. Generally speaking, the more detailed and frequent the data, the higher the quality of the estimates.
However, in some cases the detail required for estimations is not immediately available. To some extent, this is compensated for through benchmarking, a process where data sets with different characteristics are combined to benefit from the strengths of each series.
In this way, infrequent data sets provide the basis for the development of benchmarked level estimates of the GDP.
The various data sets used are often designed to serve different purposes and report on different aspects of the economy. Benchmarking enables development of an integrated, coherent set of statistics that will inform users on the dynamics of the economy.
Stats SA uses the input-output framework for the derivation of the benchmark estimates of GDP. This allows for the comparison and confrontation of all relevant data sets in a comprehensive and systematic manner.
It combines the results from all three different approaches to GDP compilation (production, income and expenditure). The framework is embodied within the sets of supply and use tables. These tables provided the nominal estimates of GDP for the relevant years on a detailed industry and commodity level.
As a statistical tool, these tables provide a co-ordinating framework for checking the consistency of economic statistics on flows of goods and services obtained from different statistical sources.
Quarterly GDP estimates are seasonally adjusted. This is a means of removing the estimated effects of normal seasonal variation from the estimates so that the effects of other influences can be more clearly recognised.
The estimates of value added by each industry are classified according to the fifth edition of the Standard Industrial Classification of all Economic Activities (SIC). A range of data sources are integrated in order to estimate the value added in each of the nine main SIC categories: agriculture, forestry and fishing (SIC 1); mining and quarrying (SIC 2); manufacturing (SIC 3); electricity, gas and water (SIC 4); construction (SIC 5); wholesale, retail, motor trade and accommodation (SIC 6); transport, storage and communication (SIC 7); financial intermediation, property and business services (SIC 8); and general government and personal services (SIC 9).
Economic performance in each of these areas is measured using a number of different sources of information. In SIC 2, for example, information is supplied by the Chamber of Mines and the department of minerals and energy. This is integrated with monthly data on production and sales for the various sectors of the mining industry.
For SIC 5, benchmark year estimates are extrapolated according to the trend in gross domestic fixed investment of residential and non-residential buildings, and construction works as compiled by the Reserve Bank.
Distribution keys are developed from building statistics and information obtained on the sale of building materials. Information is gathered on trends in gross domestic fixed investment of residential and non-residential buildings, and construction works. Finally, data on monthly statistics regarding building plans passed and approved are integrated.
The sources used for evaluation of growth in each of the industrial sectors are considerable. Reliance on a single source of information can be an important control factor against which changes in GDP are assessed.
However, it would be unusual for a single stand-alone data set to be used as a reliable indicator of economic measurement. Official GDP statistics for the third quarter of the year will be published late this month. These will provide answers to many of the questions raised in speculation over economic growth.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, visit www.statssa.gov.za or contact user services on (012) 310 8600.
<fn>GOV-ZA.10reasonsEn.2012-02-10.en.txt</fn>
In the week july 26 to July 30, South Africa aims to immunise every child under the age of five against polio and measles. That's 5 Million Children in five days.
A Month later, in the week of August 30 to September 3, we must ensure that all those children get a second round of polio drops.
Spread the word in your community. Help parents and caregivers find out where they can go and on which day. Make sure every child in the target group gets the protection he or she entitled to. Every child is welcome - no identity papers are needed.
Polio and measles are highly infectious diseases that are life-threatening and often result in long-term damage and disability.
Immunisation is a highly effective, affordable way to combat these diseases and protect all our children.
Immunisation is also very sage. The risk of an allergic reaction is very much smaller than for most other medicines. It hardly ever occurs.
Mass campaigns pick up the children that have missed some of their visits to the clinic for immunisation. In this way more children are protected.
You cannot over immunise a child. Even fully immunised children get extra benefit form mass immunisation campaigns.
The Treat of polio and measles remains a real one. Although South Africa has not experienced polio for years, it is still a problem in many countries and could be imported by a visitor.
Many of our children are HIV-positive and they are especially vulnerable to infectious diseases. It is extra important to immunise them.
Immunisation is a social responsibility. We can only create a measles - and polio-free environment if all children are immunised.
Many countries are completely polio-free. South Africa is close to being recognised as polio-free by the World Health organisation. An outbreak would ruin years of hard work towards this.
It is possible to eradicate diseases globally. Immunisation enabled us to triumph over smallpox. A polio-free would is a very real possibility. Let us join hands with other nations to achieve this.
Government and Communities acting togethrer this July and August for Our Children Our Nation... Our World!
<fn>GOV-ZA.10tipstohelpyousaveelectricitythiswinterEn.2012-02-10.en.txt</fn>
It's getting colder in Cape Town, which means more pressure on home heating systems and a huge increase in electricity consumption. Winter can be an expensive time of the year when it comes to using electricity, especially now with electricity tariffs rising.
Days are shorter, which means the lights are on for longer, and clothing is heavier and in the dryer longer. As soon as the temperature drops, we all dive for our heaters, which guzzle electricity and are no substitute for a cozy blanket and a hot cup of soup or hot chocolate.
Open blinds or curtains on north-facing windows during the day to let in the sun.
Make sure that your house is sealed and insulated. Check for chinks that let in cold air! Badly fitting windows and spaces under doors need to be attended to.
Be sure to dress for the weather - wear layers of warm clothing (long underwear, sweaters, socks, hats, scarves, gloves) and use a blanket instead of switching on a heater. It's cozy. And don't forget: house slippers go a long way to keeping you warm!
If you still need more warmth, use an energy-efficient two-kilowatt fan heater or a gas or small-bar heater to heat single rooms. Use heaters that have thermostats. Put the heater close to you - it's you who needs the warmth, not the entire room. Unplug the heater when not in use. This will help reduce your electricity cost and at the same time ensure the safety of your home. Avoid using under floor heating unless really necessary.
The more insulated your home, the easier it is to maintain a comfortable indoor temperature. If you want to be warmer in winter (and cooler in summer), make sure your ceiling is insulated, as about 40% of heat loss takes place through the roof. Effective winter insulation also includes covering glass windows (where heat escapes) with heavy curtains and blinds, and closing gaps around doors (to stop cold air drafts). Insulation slows heat transfer and makes your home warmer in winter.
Only heat the room you are using. If you are going to be working at your laptop while a meal is being cooked, stay somewhere near the stove to feel its heat.
If you have a working fireplace, there's nothing cosier than a blazing fire while the wind howls and rain pours down outside.
Wooden floors are warmest. If you have tiles on the floor, invest in some cosy rugs.
Winter tends to make us lazy and laziness makes us colder. When we exercise, our body temperatures go up, we drink more water and we feel better. Try to walk or cycle to and back from work. It will take a lot longer for you to feel cold again when you arrive back home and that will translate into savings.
Lastly, going to bed?
Use a hot water bottle to warm your bed and substitute the electric blanket with an extra blanket.
For more electricity saving tips click here.
Published by Martin Pollack.
<fn>GOV-ZA.10yearEn.2012-02-10.en.txt</fn>
Preface 2 Introduction 4 2.1 Research strategy 4 2.2 The Human Development Indicators 5 2.3 What the democratic State inherited 7 2.
Themes 10 3.1 Governance 10 3.2 Social 16 3.3 Economic 31 3.4 Justice, Crime Prevention and Security (JCPS) 44 3.
Findings 73 4.1 Influence of the State 74 4.2 Understanding the performance of government 86 4.3 Measuring impact 87 4.4 The views of the public 92 4.5 The social transition 95 4.6 The Global Setting 100 4.
Challenges and Opportunities 103 5.1 Framework of encompassing interest - a Social Compact 103 5.2 Improving the performance of the State 106 5.3 Addressing the consequences of the social transition 109 5.
Way Forward 113 6.1 Governance and Administration challenges for the next decade 114 6.2 Social challenges for the next decade 114 6.3 Economic challenges for the next decade 115 6.4 JCPS challenges for the next decade 116 6.
The attainment of democracy in 1994 presented government with twin challenges: significant institutional transformation and at the same time introducing new policies in line with the democratic Constitution. Secondly, the Government had to deal with the legacy of Apartheid within South Africa, whilst at the same time facing new challenges of integrating the country in a rapidly changing global environment.
Since 1994, the State has deliberately set out systematically and deliberately to dismantle Apartheid social relations and create a democratic society based on the principles of equity, non-racialism and non-sexism.
In line with the prescripts of the new Constitution, new policies and programmes have been put in place to dramatically improve the quality of life of all the people. Key to this programme of action has been the extension of universal franchise and the creation of a democratic state. This has created the requisite environment for the country to address poverty and inequality, and to restore the dignity of citizens.
This process, defined in the Reconstruction and Development Programme (RDP), has been elaborated in all post-1994 policies.
In the elaboration of government policy since 1994, the RDP objectives have been elaborated upon to include more specific priorities of different clusters and depar tments. After 1999, the policy objectives of government were consolidated into the priorities of the five Cabinet clusters (see Annexure I).
The Towards a Ten Year Review was overseen by a steering group of Ministers and received inputs from individual departments in government. The project outputs were reviewed by the Directorsgeneral (DG) clusters.
The Rev i ew is organised on comp r e h e n s i ve research conducted within and outside of gove rn m e n t , and attempts to evaluate the ex t e n t to which gove rnment has achieve d its objectives in the past decade. More modestly, it explores the poss i ble policy permutations for the n ext decade in the context of the i m p e ra t i ves of the Constitution and the challenges of reconstru c t i o n and deve l o p m e n t.
The Review primarily reflects on government's performance in realising its objectives and does not seek to examine in detail the evolution of various sectors of society in the period under review. It is expected that organisations in the areas of sport, the arts and culture, universities, professionals and the intelligentsia, trade unions, non-governmental organisations (NGO's) and communitybased organisations (CBO's) and the private sector will conduct their own assessments which, together with this Review, will help inform the nation's evaluation of itself in the First Decade of Freedom.
Such an evaluation will be an ongoing process, which will achieve definitive conclusions only after data on the whole of the Decade is available, which in turn will be after the Decade has expired in April 2004.
1 . Has the Gove rnment achieve d its policy objectives?
2 . Are these the appropriate object i ves?
A n swers to these questions are c overed in the themes discussed in the next section. The project team adopted a research strategy based on key human development indicators and a conceptual fra m ewo rk on the nature of the State.
1 . A set of 35 ove rv i ew papers was commissioned from gove rnment officials and other researchers to cover the key questions raised in the five clust e r s. The ove rv i ew papers sought to indicate potential ave nues for further research and identify the proposed research strategy and data sources for such research.
2 . In parallel with the first process, d e p a rtments in each cluster were asked to rev i ew G ove rn m e n t 's perfo rmance in the first ten ye a r s. Fo l l ow - u p i n t e rv i ews were also conducted in some cases. These departmental submissions have been i n t e grated into interim clusterbased reports and the two processes info rmed the presentation at the Ja nu a ry L e k g o t l a.
3 . A 'gap analysis'was conducted on the info rmation acquired, and on this basis, detailed research t e rms of reference were comp i l e d . Twe n t y - f i ve research projects of different scales we r e pursued in order to address specific info rmation gaps, i m p r ove data-sets and seek to understand the impact of gove rnment programmes through both quantitative and qualitative a n a l y s i s.
4 . The combined results of the ove rv i ew papers, depart m e n t a l r ev i ews and in-depth research h ave been compiled into five cluster report s. In some i n s t a n c e s, clusters constituted their own task teams to wo rk on these report s, whilst in other c a s e s, the clusters have commented on reports developed by the PCAS in the Presidency.
The most direct way to assess gove rn m e n t 's perfo rmance over the past decade is to measure the impact of its policies and pro gra m m e s. H owever simple this may seem, it is difficult to agree on the measures for impact.
PCAS and other depart m e n t s sought to define the appropriate set of indicators that could be used to measure impact.
and where data is ava i l a bl e, these indicators have been included in the cluster reports (and summ a rised in the themes below).
Where data does not exist, the measure may be defined for purposes of future refe r e n c e, and in other cases, a proxy measure is u s e d.
The wo rk of defining impact indicators however highlighted a more c o m p l ex set of questions. E ven if an indicator could be agreed and measured, it cannot always be l i n ked to outputs. Another probl e m with measuring impact is that not all social phenomena are directly m e a s u ra bl e. In some cases, data does not exist because it is not collected (in these instances it may still be useful to define the measure and then make arrangements fo r data collection in the future), whilst in other cases, a proxy measure is u s e d . F u rt h e r, given the slow ra t e of social, political, economic and e nvironmental change as a genera l phenomenon in all countri e s, the impact of policies implemented in the past nine years cannot in all instances be properly assessed at this stage.
One way to overcome these problems is to use composite indicators of impact to show how gove rn m e n t has affected the lives of the South A f rican population. When appropriate direct measures of change are not ava i l a bl e, composite indicators can be designed to capture part i c ular dimensions of change. T h ey are a ble to do this because they can reflect diverging or contra d i c t o ry t r e n d s, yet show the direction and extent of change. T h ey are also r o bust in that the measures are as simple and as transparent as poss i ble and the indices are not sensit i ve to small changes in trends or in d e f i n i t i o n s. Trends can therefore be captured by proxy measures because most impacts are not directly ava i l a ble for measurement. The use of proxy measurements also means that one measure can d e s c ribe a more complex phenomenon because it is correlated with other aspects which may not be as easily measured.
For the analysis of impact, the R ev i ew makes use of seven composite indexes developed by the HSRC and based on data prov i d e d by Statistics SA (see Annexure III for further discussion of these indic a t o r s).
Social inclusion - to measure membership of cultural organisations, the stability of households, and the way in which individuals include themselves in the community.
In the individual themes, a range of other measures is used. These include the indices in Annexure II as well as measures that are used by the clusters or departments to assess their own progress.
South African society, had begun to crumble by the late 1980s. However in 1994, the essence of Apartheid remained, with blacks denied the franchise, society divided along racial lines and the social exclusion and neglect of the majority a matter of State policy.
Government programmes perpetuated a strict racial hierarchy with the greatest allocation going to whites, and Africans receiving the least. It was only after 1994 that social transfers were completely de-racialised in line with actual need. Socially, the late 1980s saw a major phase of urban migration as influx control collapsed, giving rise to large-scale informal settle ments without services.
Economically, the country was isolated through sanctions and the resultant import-substitution industrialisation meant that many firms were unable to compete in global markets. In the decade preceding 1994, growth declined to below 1% per annum and by the early 1990's economic growth had come to a standstill with the 1992 recession and drought. Public sector debt was ballooning out of control as the Apartheid regime sought to buy support. The country was also isolated diplomatically and excluded from almost all multilateral institutions. Sanctions busting and illicit capital export were the stock-intrade.
The police and justice system violated most human and civil ri g h t s and was pri m a rily used to defe n d A p a rt h e i d . The Defence Force wa s engaged pri m a rily in a low - i n t e n s ity war against the liberation movement domestically and abroad. U p until after the 1994 elections, certain parts of the country were living under a State of war and assassinations and bombings of political opponents were ri fe.
Governance was largely defined by a national security doctrine with little respect for the rule of law or constitutionality. The Tricameral Parliament and Bantustan system were supported by a minority, whilst the vast majority of South Africans had no political rights.
The authoritarian nature of the State meant that it became more isolated, more corrupt and more dependent on extra-judicial measures to sustain itself. By the late 1980's, the country had become ungovernable with the economy failing, the social fabric rent asunder by Apartheid, and the dislocation associated with social conflict.
Whilst it is possible to describe the main features of the Apart h e i d State, it is difficult to directly compare its perfo rmance with that of the democratic State after 1994 because of differences in the way in which social data was collected. The pre-1994 data excluded the so-called TBVC States and as a result significantly underestimated the impact of Apartheid policies on the African majori t y. With other c h a n g e s, such as the introduction of political and civil ri g h t s, it is difficult to quantify the actual impact on those previously excluded ye t the impact is certainly phenomen a l . The analysis and discussion that fo l l ow therefore uses the best ava i l a ble info rmation since 1994, although in some cases, where it is meaningful and compara bl e, reference is made to pre-1994 data.
The findings of the Ten Year Review need to be examined in terms of State power and its limitations. This will help determine whether certain objectives were in fact realisable if only the State was more efficient and whether there are some objectives that are beyond the scope of direct state intervention. These latter objectives may still be realisable but only because the State may have the means to achieve them in partnership with, and through the actions of, others.
It is possible to argue that the success or failure of gove rnment in a c h i eving its developmental object i ves will largely be determined by the appropriateness of the institutional fra m ewo rk that it creates. Much of the fo rmal fra m ewo rk wa s c o n f i rmed in the 1996 Constitution, and the success of the State can be assessed in terms of how the G ove rnment and civil society make use of this fra m ewo rk.
H oweve r, the fo rmal institutions of state are significantly influenced by the persistence of info rmal social modes of interaction which opera t e with logics that are often autonomous to those of the State. The totality of social netwo rks can only be harnessed to the deve l o pmental effo rt if the State m a n a g e s to provide the central co-ordination and leadership that will ensure that ex t e rnalities of many separa t e activities become complementary to the development project. In other wo r d s, the State can ensure that the economies of scale beyond the scope of individual actors can be a c h i eved through the better integration of their activities.
T h e r e fo r e, the Gove rnment needs to make use of and part i c i p a t e within the social netwo rks but not as an equal part n e r. G ove rn m e n t , representing the collective will of a nation, should give leadership to such interactions especially through its ability to ' p r e - c o m m i t ' . Pre-commitment is ability to art i c ulate long-term but conditional publ i c d evelopment objectives that enabl e a nation to achieve economies of scale from the co-ordinated effo rt of many individual actors.
In the broader context of globalisation, it is obvious that depending on its position in the world political economy, the nation state is limited in terms of what it can achieve relative to other states.
economic, cultural, political and otherwise - which may not be fully appreciative and supportive of the nation-state's agenda. Thus adeptness at identifying the national interest and pursuing this in a creative way is part of the challenge of governance and state leadership in the current global arena.
In assessing the success of the Government in achieving its objec-tives, and indeed the appropriateness of these objectives, we need to take this framework into account - particularly the dual role of the State as an actor in providing services and helping create an appropriate environment for development, and as a leader in forging common cause among the variety of social actors.
This Review has assessed the extent to which the new democratic dispensation since 1994 has redirected the purpose and content of government policy and seeks to describe the impact of these changes on South African society. The work of the Review has been organised in five themes corresponding to the Cabinet clusters although it is evident that there are many cross-cutting issues and each cluster contributes to a number of broad RDP objectives (see Annexure I).
Since 1994, government has been engaged in a vigorous process of transformation that includes a new Constitution, transformation of the State machinery, changes to almost all policy, all geared toward changing the Apartheid State and society into a democratic society based on the principles of nonracialism and non-sexism.
Given that Apartheid sought to systematically exclude the majority from political participation, and given that the Apartheid State had become increasingly isolated, authoritarian and corrupt, and given the high levels of political violence in the decade prior to the first democratic elections, there is no direct comparison between this era and the advent of democracy. There can therefore be no direct comparison to pre-1994 indicators, given the quantum nature of the change in governance.
ï¿½ efforts to expose and deal with corruption.
A critical element in the first years of the democratic State was the introduction of a new constitutional and legislative framework. This entailed the adoption of the new Constitution in 1996, and the introduction of new legislation at the average rate of about 90 Acts per annum in the first nine years; such that since 1994 over 789 laws or Amendment Acts aimed at reconfiguring South African society were adopted.
The fact that the intensity of such legislative work has diminished in the recent period is a reflection of the progress made in this regard, and of the fact that the emphasis of government work is shifting increasingly from policy formulation towards a much greater focus on implementation.
Most evidence suggests that gove rnment has made remark a bl e p r o gress in tra n s fo rming the State m a c h i n e ry to make it more r e s p o n s i ve to the needs of citizens and to make it more a c c o u n t a bl e. The ra t i o n a l i s a t i o n and integration of the fo rmer fra gmented Public Service is almost c o m p l e t e. The integration of the va rious Bantustan and centra l g ove rnment civil services into a coherent single public service has been a success. The implementation of the current Resolution 7 of the Public Service Co-ordinating Bargaining Council (PSCBC) a greement of 2002 seeks to end the process of the restru c t u ring of the Public Serv i c e. The present r e s t ru c t u ring process invo l ves the identification of skills with job d e s c riptions and the retraining of s t a f f. Institutions are also being r e s t ructured to meet the needs of their clients in a more efficient m a n n e r.
The Public Service has also come close to meeting the targets set for improving representivity in the Public Service. Although Africans now make up 72% of the Public Service at all levels, government still needs to focus on increasing the number of women in senior positions as well as a more general increase in the number of disabled persons employed in the Public Service. Overall, the num-bers of civil servants have been decreasing from 1.2 million in 1994 to just over 1 million in 2001. However, capacity constraints have meant that almost 25% of government's procurement budget annually is now spent on consultants primarily providing information technology, policy advice and project management services.
The number of public entities increased during the 1990s (60 created) over the preceding decade (10 created). In addition, public entities receive considerable funding in the form of transfer payments (R10.2 billion in 2000/2001) and they employ 288 983 people.
(e.g. procurement), to ensure operational autonomy, and to implement commercial principles and practices. Challenges however remain, around performance, corporate governance and commitment of some of these institutions to the overall development objectives of government.
The introduction of the Senior Management Service improved conditions of service for senior managers with the aim of retaining and attracting skilled personnel in the Public Service. There is more stability at the top echelons of the Public Service although the general lack of technically skilled personnel at all levels is a matter of concern. This problem is particularly acute in provinces and local government. Career-pathing, especially at the highest levels of the Public Service, has yet to be fully developed; and as such, skilled and experienced personnel developed since 1994 are being lost to the private sector. This challenge applies equally to public representatives in various legislatures.
Thirty-seven Multi-Purpose Community Centres (MPCCs) have been set up as providers of information and services to the public. The aim of government is to establish one MPCC per District/Metro by the end of 2004 and to expand these to each municipality in the next decade. This would be complemented by the decision taken in 2003 to employ Community Development Workers. The e-government programme is also expected to help improve service to citizens. Initial steps to improve service in line with Batho Pele have had uneven success. Weaknesses include poor senior management involvement in the monitoring of the implementation of the principles driving Batho Pele, and lack of public involvement in the enforcement of these principles. Such public involvement would require a confident citizenry that holds officials to account without fear of reprisals such as the withholding of services and benefits.
The introduction of the Public Finance Management Act, (PFMA) 1999 improved accountability within government and to Parliament. The implementation of the PFMA and the change to a medium-term budget cycle has led to improved budgeting and financial management at national and provincial spheres of government. The challenge remains to include local government within the budgeting and planning cycles of government.
Government recently introduced a National Planning Framework to enhance integration in the areas of strategic policy prioritisation and to improve the policy decisions of government. This includes the National Spatial Development Perspective which seeks to facilitate dialogue between and within spheres about the country's spatial priorities regarding infrastructure investment and development spending. Local government is not yet included in the planning process but the introduction of Integrated Development Plans (IDPs) is expected to assist in such interaction. The introduction of the IDPs, as well as the cluster approach and the Forum of South African Directors-General, the Presidential Co-ordinating Council, and the restructured Cabinet Committees have all contributed to better co-ordination of policy-making and programme implementation.
Some weaknesses have been identified in these structures. Although the IDPs are a form of local consultation that seeks to involve local communities in identi-fying their needs within a given locality, there remains a need to involve communities more in decision-making especially in poor c o m mu n i t i e s. Research suggests that the poor lack fo rmal organised p ower at local level outside of the fo rmal political processes. It furt h e r suggests that where civil society organisations participate more f u l l y, serv i c e - d e l i ve ry gaps are better identified. In such cases, the p ri o ritisation of serv i c e - d e l i ve ry needs is also more appropriate to the needs of commu n i t i e s.
The plan to deploy Commu n i t y D evelopment Wo rkers is intended to contri bute to improved serv i c e d e l i ve ry by taking services directly to the poor, but it is also intended to assist the poor to develop the capacity to organise themselve s and participate in decision-making. H oweve r, any attempt to improve s e rvice delive ry must confront the p r o blem that there remain seri o u s capacity shortages at prov i n c i a l and local gove rnment levels of s e rvice delive ry. Despite the enormous strides made in restru c t u ri n g both provincial and local gove rnment spheres, there remain seve r e d e l i ve ry constra i n t s, and significant fiscal ri s k s, especially in the local s p h e r e. The perfo rmance of both p r ovincial and local gove rn m e n t h owever reflects great uneve nn e s s, with some leading prov i n c e s and municipalities doing ex c e p t i o nally well, whilst others are still s t ruggling to achieve a basically a c c e p t a ble level of operational efficiency and effe c t i ve n e s s.
There has been more compliance with government regulations since 1994. Research shows that the culture of compliance is enhanced when there is better information available to citizens, better understanding by authorities of the social attitudes of target groups and a combination of the incentives and disincentives. This applies to such instances as taxation, registration for elections, observance of traffic regulations, and new systems such as credit card drivers' licences.
Since 1994, numerous anti-corru ption programmes and projects h ave been put in place by the new G ove rn m e n t . In March 1997, the g ove rnment sectors responsible fo r the South African National Cri m e P r evention Strategy (NCPS) established a programme committee to wo rk on corruption in the cri m i n a l justice system. By June 1997, the Code of Conduct for the Publ i c S e rvice had become part of the regulations for eve ry public serva n t and was the subject of an ethics promotional campaign by the then P u blic Service Commission.
The National Anti-Corruption Summit was held in Cape Town in 1999. The purpose of the Summit was to discuss the importance of eliminating corruption in both the public and private sectors and to develop recommendations aimed at improving the investigation and prosecution procedures, implementing effective and co-ordinated anti-corruption structures, reviewing the legislation, and enhancing business' role in the fight against corruption across society.
Involving businesses, organised religious bodies, the NGO sector, donors, the media, organised labour unions, academics, professional bodies and the public sector, the Summit created a powerful platform for the National Campaign Against Corruption through its recognition of the societal nature of corruption, and its acknowledgement that the fight against corruption requires a national consensus and the coordination of activities.
A rev i ew and revision of anti-corruption legislation, the establ i s hment of whistle-bl owing mechan i s m s ; the speedy enactment of the Open Democracy Bill; t h e e s t a blishment of special courts to adjudicate on corruption cases, and the establishment of sectora l and national co-ordinating stru ctures were recommended and i m p l e m e n t e d . A new Prevention of C o r ruption Bill was developed and is currently before Pa rliament, a Protected Disclosures Act commenced in Fe b ru a ry 2001, while the Promotion of Access to I n fo rmation Act came into force in Fe b ru a ry 2000. The National Anti-C o r ruption Fo rum was establ i s h e d in June 2001.
To enhance this, gove rnment is introducing new measures such as the bl a cklisting of individuals and o r g a n i s a t i o n s, the establishment of a n t i - c o r ruption hotlines, the establishment of sectoral and other hotl i n e s, more efficient disciplinary action against corrupt persons, consistent monitoring and repor t-ing on corruption, and the promotion and implementation of sound ethical, financial and related management pra c t i c e s. A central database of corrupt businesses has been establ i s h e d . The National D i r e c t o rate of Public Prosecutions (NDPP) and South African Po l i c e S e rvice (SAPS) have taken decis i ve and visible action against corrupt officials and white collar cri m e.
Government has in principle approved that corrupt employees be blacklisted from employment in the Public Service. Hotlines have been established in all nine provinces and for specific industries in the business sector. Disciplinary codes have been revised. At the level of government, about 80% of cases reported in the media are in fact discovered by government.
The policies for Governance and Administration were largely the required interventions. Most of the institutions are operating effectively although the process of stabilising the intergovernmental system is still not complete. More flexibility is required in the Public Service to make it more responsive to the needs of public servants. The democratic State is able to exercise authority across society and it enjoys legitimacy in the eyes of the overwhelming majority. Its capacity to formulate and implement policy, mobilise resources, frame and enforce laws, and the integrity of institutions - all indicate progress in governance. Civil society is vigorous although many formal organisations lack mass involvement of especially the poor and marginalised communities. The capacity of the State to deliver social services requires improvement with greater capacities at national departments and some weaknesses at provincial and local government level. Compliance with regulations is high. However there are some weaknesses with regard to government's capacity to involve the informal sector in adhering to their civic obligations. Success is slow but notable with regard to fighting corruption.
The central programme of the social sector focuses on poverty alleviation through a range of programmes that address income, human capital and asset poverty. It is in this intersection between access to services, income and assets that the issue of overall poverty trends since 1994 should be examined.
Inequality as measured by the household level before and after factoring in social spending by the State shows that the impact of social spending (including the tax effect) reduced the Gini coefficient massively due to a redirection of spending to the poor since 1994 (discussed further below).
According Statistics South Africa, it is estimated that in 1995 approximately 28% of households and 48% of the population were living below the estimated poverty line - calculated on the basis of expenditure, thus excluding access to services and assets. In 1999, there were 3.7 million such households out of 11.4 million (just under 33%) living below the poverty line. Of these, most were Africans. Part of this increase in income poverty would be due to large-sized poor households unbundling into smaller households. The unbundling has the effect of removing additional income earners from the household and would therefore reflect an increasing number of households being classified as poor (to be discussed again below). Of femaleheaded households, 45% were below the poverty line, compared with 26% of male-headed households. On average, the poor were living with incomes about 12% below the poverty line, in line with many comparable developing economies. These figures will be updated once the Census 2001 data has been further analysed.
At least two major programmes of the Government address income poverty in the form of income grants and public wo rks pro-gra m m e s.
Under Apartheid, social gra n t s were still being allocated on a racial basis. Since then, gove rnment has equalised the Old-Age Pe n s i o n s, and spread the reach of the Child Support Grant (CGS) among all eligible children. T h e r e are at least seven types of gra n t s currently administered by the D e p a rtment of Social D evelopment and these are targeted at pensioners, poor fa m i l i e s with children, war ve t e ra n s, fo s t e r care and grants in aid for fa m i l i e s taking care of children and people in need. The expenditure on these social grants has increased by 3.5 times between 1994 and 2003 from R10 billion to R34.8 billion. The number of beneficiaries has increased from 2.6 million to 6.8 m i l l i o n.
Research shows that grants are exceptionally we l l - t a r g e t e d. T h e poorest 20% of households r e c e i ve the largest amount from gra n t s, not just as a proportion of i n c o m e, but also in absolute t e rm s. Fully two-thirds of the income for the poorest quintile is a t t ri bu t a ble to state tra n s fe r s. S i mulation studies also show that, in the absence of any gra n t s, 55.9% of the elderly would be in p ove rty and 38.2% would be in u l t ra - p ove rt y. This falls to 22.9% and 2.5% respectively if all recipients get gra n t s. In the absence of the CSG, but after taking account of the Old-Age Pension, 42.7% of children would be in pove rty and 13.1% would be in ultra - p ove rt y. Pove rty among children (under s even) falls from 42.7% to 34.3% and ultra - p ove rty falls from 13.1% to 4.2% if all recipients get gra n t s. O ve rall, social grants have the potential of reducing the nu m b e r of individuals in pove rty from 42% to 24%. Although great progr e s s has been made in registeri n g r e c i p i e n t s, the full impact of these grants will only be realised when all eligibles are registered.
Expenditure on public wo rks programme has increased almost t e n fold since 1998. As part of the o b j e c t i ve of providing employment, the public wo rks programme has employed a total of 124 808 people since 1998. H oweve r, most of these jobs we r e t e m p o ra ry in nature. A total of 3 407 permanent jobs were created in 1999-2002 and a total of 141 p e rmanent jobs were created by the first half of the 2002/03 financial ye a r. Research indicates that p u blic wo rks programmes va ry in their efficiency of tra n s fe r ri n g income to the poor with the ave rage expenditure per wo rker va rying from between R27 242 in Limpopo to R6 515 in the Eastern C a p e. T h u s, public wo rks programmes while increasing prov ision of assets to the commu n i t y, are not as efficient as income grants in alleviating income p ove rt y. N o n e t h e l e s s, these programmes have been successful in a l l eviating the asset pove rty of c o m mu n i t i e s. O ver R6.5 billion of expenditure on infra s t ructure has p r ovided 2 182 commu n i t y a s s e t s.
Social services such as education, health, water and sanitation, and electrification are critical to i m p r oving the human capital of the nation.
Expenditure on education remains the largest budgetary item in South Africa. For early childhood development (ECD) there has been a steady, albeit non-linear increase in enrolment in the reception year, with enrolment increasing from approximately 150 000 to 280 000 between 1999 and 2002, suggesting that full enrolment will be reached by 2015. Gross primary school enrolment has remained steady at around 95.5% between 1995 and 2001. Gross secondary enrolment is currently approximately 85%, indicating a 15% increase from 1992. The learner-to-facility ratio has also declined with classroom sizes declining from 43:1 in 1996 to 38:1 in 2001, indicating that learners are getting better access to classroom facilities. Progress in education is ahead of the Millennium Development Goals and ahead of most comparable developing countries. In addition, the male to female enrolment ratio is greater than one, indicating that slightly more girls are enrolled than boys. This is positively different from other comparable developing countries.
The main outcome indicator for education is the adult literacy rate, the proportion of the population over 15 years that can read and write in one language. General outcomes of the educational programmes indicate that there has been an increase in literacy rates from 83% in 1996 to 89% in 2001 for the general population while the literacy rate for 15-24-year olds has increased from 83% to 96% which is exceptionally high for any nation. These improvements are also reflected by a parallel increase in the matriculation pass rate from 54% in 1996 to 69% in 2002. It should be noted that whilst the proportion of matriculants has increased significantly there has been a decrease in the absolute number of matriculants due to the implementation of tighter progression standards at lower levels and limitations on "repeaters".
Since 1996, there has been an increase of 2% in the number of people completing grade 12 to 5.1 million in 2001 and a further 2.2% increase in the population completing tertiary education to 2.2 million in 2001, suggesting that the skills profile of the country is improving. However, within the population as a whole, approximately 71% of the population over 20 years have not completed secondary schooling. This finding is significant in terms of impact of human capital on employment.
Public healthcare expenditure has increased in the last eight years although real per capita (uninsured) expenditure has remained at between R967 and R907. The main thrust of the Department of Health has been to improve the access of healthcare through the primary healthcare approach (PHC). Major programmes include the Free Healthcare policy for women and children under the age of six. Implementation of this programme has resulted in increased utilisation rates which indicates increased access. However the per capital PHC visits is between 1.3 and 2.7 which is still slightly under that of 3 to 3.5 visits, per capita per annum recommended by the World Health Organisation (WHO) and Department of Health. There are now over 4 350 PHC access points available to the population. In terms of clinics alone this represents an increase of 701 additional clinics nationally from the clinic upgrading and building programme.
The immunisation programme has s h own an increase in the rates of i m munisation between 1994 and 2002 from 63% to 72% nationally although provincial dispari t i e s r e m a i n . H oweve r, the greatest success of the immunisation programme has been the elimination of deaths due to measles and to reduce the incidence of polio.T h e I n t e grated Nutrition Progra m m e has increased from 89% of the targeted learners in 1994 to 94% cove rage of eligible and targeted l e a rners and has now reached almost 4.58 million children. Without fa c t o ring in the weak statistical base in 1994 which ex c l u ded many poor areas, the rates fo r u n d e r - weight children have increased slightly from 9.1% in 1994 to 11.17% in 1999; w h i l s t stunting increased for those aged 6-71 months from 22.9 to 23.8; and wasting has also increased slightly from 2.6% to 3.6% in 1999.
Indicators of health status show that infant mortality has increased from about 40 per 1 000 births to 45 per 1 000 births between 1991 and 1998. Maternal health indicators such as antenatal care utilisation have increased from 89% to 94% between 1994 and 1998, births received with no antenatal care has declined from 12% to 3% and deliveries at healthcare facili-ties has increased from 78% to 83%. Maternal mortality ratios have averaged 150 per 100 000 live births in the South African Demographic Health Survey (SADHS) despite improved service delivery and access. New data will only be available once the 2003 SADHS is completed.
HDI MRC life expectancy 1995 2000 0.63 0.
The Human Development Index (HDI) was calculated for purposes of this Review, using the Medical Research Council (MRC) estimates of life expectancy rather than those used by the UNDP to calculate their HDI. The UNDP estimated life expectancy at 65 years in 1995 and 52 years in 2000. The MRC figures were 57 and 55 years respectively. Calculating the HDI using the same UNDP figures for gross enrolment and GDP per capita but the MRC estimates for life expectancy yields an HDI of 0.63 for 1995 and 0.71 for 2000.
0.72 in 1995 and 0.70 in 2000. Therefore, the HDI calculated with MRC life expectancy estimates indicates a significant improvement whilst the UNDP HDI shows a decline. These differences reflect the problems with using estimates of life expectancy to assess progress in development.
The prevalence of HIV/AIDS as estimated from public antenatal clinics shows an increase from 0.7% in 1990 to 26.5% in 2002. The HIV prevalence rates seem to be stabilising between 1999 and 2002. The overall prevalence rate was 22.4% in 1999, 24.5% in 2000 and 24.8% in 2001. According to extrapolations used in the Joint Heath and Treasury Task Team on Treatment Options to Enhance Comprehensive Care for HIV/AIDS in the Public Sector, these proportions translate into an estimated 4.7 million South Africans infected with HIV, with about 400 000 at an advanced stage of AIDS.
The stabilisation can be attributed mainly to the prevalence rates in pregnant women under the age of 24 years decreasing consistently for the last few years. In addition the rate of syphilis infections among pregnant women has also declined from 7.3% in 1999 to 2.8% in 2001. At the same time dedicated expenditure (exclusive of programmes) on HIV/ AIDS programmes across national depar tments has increased from about R30 million in 1994 to R342 million in 2001/02. This excludes allocations from provincial equitable share. Expenditure is further set to increase tenfold to R3,6 billion in 2005/06. This increased expenditure is beginning to have an effect on the knowledge and behaviour of high-risk groups such as young women. Research results indicate that there is increasing condom use among 15-24-year olds. The 1998 SADHS indicates for those aged 15 to 19 years condom usage was 19% and for those aged 20 to 24 years it was 14.4%. Research indicates that there is a marked improvement in knowledge about HIV, which was at 72%in 2001, and there is increased abstinence among young women aged 15 to 24. Moreover, condom usage by women has increased from 8% in 1998 to 28.6% in 2001. This increased knowledge and expenditure is reflected in the decline in the rate of HIV prevalence in the 15-24 age group.
The TB control programme has seen many modifications in implementation since 1994. Chief amongst these has been the implementation of the Directly Observed Therapy (DOTS). By 2003, DOTS has been implemented in 70% of all health districts. Improvements in case detection, treatment and in cure rates in both DOTS and non-DOTS areas have been seen between 1996 and 1999. Treatment rates have increased from 60% to 65% between 1996 and 1999. High rates of treatment interruptions and transfers however mean that treatment rates remain at below the targeted 85%. This lower cure rate also indicates the compounding effect of drug-resistant TB, elements of which may be related to HIV and AIDS.
P r ovision of clean water is a major tool for protecting human capital and for reducing social asset pove rt y. The proportion of households having access to clean water has increased from 60% in 1996 to 85% in 2001. T h i s t ranslates into around 9 million citi zens or about 3.7 million additional households gaining access to water between 1995 and 2003. The expenditure for the prov i s i o n of water was approximately R5 billion in the period under rev i ew.
In terms of the urban/ru ral distribution, in 1994, 4 million households had access to clean water in urban areas, with only 970 000 households h aving access in ru ral areas. By 2003, the number of urban households gaining access increased by a further 1.
1.6 million households receive d water between 1994 and 2003.
The proportion of households h aving access to sanitation has also increased, though at a slowe r p a c e. In 1994, 49% percent of households had access to sanitation and this increased to 63% in 2 0 0 3 . The reason for the higher b a cklog in sanitation provision can be attri buted to the increase in the number of households and the increased focus on provision of water to households. T h u s, up until the recent floods, there wa s a declining trend in the incidence of cholera . B e t ween 1991 and 1995, 119 cases were report e d nationally which decreased to 70 cases in the period between 1996 and 2000.
There has been an increase in e l e c t ricity connections which t ranslates to an increase in the p r o p o rtion of households with e l e c t ricity from 32% to 70% by 2 0 0 1 . H oweve r, in poor areas in 2001, most of the electricity wa s still used for lighting and only 49.1% of households used e l e c t ricity for heating purp o s e s.
The housing and land programmes are the two lead programmes relating to the elimination of asset capital pove rt y. Fr o m these programmes alone, about R50 billion of assets have been t ra n s ferred to poor households since 1994.
B e t ween 1994 and 2003, 1 985 545 subsidies we r e a p p r oved for an expenditure of R24.22 billion. M o r e ove r, 481 373 houses that were built in the A p a rtheid era were tra n s ferred to occupants through the discount benefit scheme. Whilst the cost to gove rnment was approx i m a t e l y R3.6 billion, the replacement cost of these houses (that is, the value to occupants) is approx imately R24 billion. T h u s, about R48 billion of housing assets h ave been tra n s ferred to citize n s since 1994.
With respect to improving gender equality in housing ownership, 49% of all subsidies approved were granted to women. The outcomes of providing subsidised housing indicate that a total of over 6 million citizens received housing between 1994 and 2003.
A major challenge for the housing sector will be to meet the increasing demand for housing genera t e d by the decrease in household size b e t ween 1996 and 2001.
1.985m subsidies approved for1994 - 2003Subsidies an expenditure of < R24.
Household size decreased from 4.5 to 3.8 in that period and this tra n slates into an increase of two million additional households over and a b ove that generated by population gr ow t h . It is expected that demand for housing will double as a result of this phenomenon.
Land restitution, tenure reform and land redistribution are the other major policy instruments used for alleviating asset poverty since 1994. Since 1994, 1.8 million hectares (ha) of land have been transferred under the redistribution programme to about 137 478 households. Approximately 80% of these transfers occurred between 1997 and 2002. By 2002, approximately 68 000 claims had been lodged of which 72% were urban and 28% rural. A total of 36 489 claims have been settled involving about 85 000 households. For urban claims there has mostly been financial compensation for victims of forced removals and the total compensation made by December 2002 was R1.2 billion. For the rural claimants, the restitution mainly takes the form of restoration of land and by December 2002 approximately 571 232 ha been restored at a cost of approximately R442 million.
The focus on building the social fa b ric is crucial for gove rnment programmes to succeed. S t a ble community organisation has been found to increase efficient serv i c e d e l i ve ry as well as improve marke t p e r fo rmance and economic gr ow t h . Research indicates that increased violence in commu n i t i e s, which is a symptom of we a kening social fa b ri c, undermines service delive ry and therefore impacts on the i n c o m e, human capital and assets of commu n i t i e s. The studies indicate that housing service delive ry is impeded in communities with high violence levels as is the delive ry of healthcare and schooling. One of the major mechanisms that have been implemented to build commu n i t y - t o - c o m mu n i t y n e t wo rks and trust is the Mora l R e g e n e ration campaign. S i n c e the progra m m e 's inception in 2001, a summit on Mora l R e g e n e ration took place on 18 April 2002 and progra m m e s are under way to intensify the c a m p a i g n . A second mechanism to deal with improving the social fa b ric has been through the Safe r Cities initiative of the SAPS and the Department of Education's init i a t i ves to prevent crime in school.
Instability in communities undermines service delivery tal relations.
In terms of providing access to the medium of communication, the number of households with access to cell phones in 2001 was 32%, those with access to land lines 24%, those able to access a ra d i o was 73% and television 54%. T h e major means of commu n i c a t i o n h owever takes place through ra d i o. In terms of access to the official l a n g u a g e s, plans are under way to fully implement the constitutional recognition of all 11 languages of South Africa as official languages through the Language Bill.
In addition, the Department of Education is fo s t e ring respect fo r h i s t o ry, language, culture, va l u e s and attitudes for enhanced social p a rticipation through its new curri c u l u m . Implementation has started of the modernised curri c u l a , which include values and human rights pri n c i p l e s, and which will i m p r ove teaching and learn i n g p ractice in schooling as well as the r e l evance of the competencies gained in the education and tra i ning system. Another means of fo s t e ring community life is through the deve l o pment of sports and recreational p r o gra m m e s. In the education s e c t o r, a 2001 school survey found that 62% from a sample of over 42 000 Grade 3 learn e r s r e p o rted that they were invo l ve d in sporting and cultural activities in 2001. Outside of the education s e c t o r, approximately R500 million wo rth of facilities have been cons t ructed or upgraded, especially in disadvantaged commu n i t i e s. More than 610 disadva n t a g e d c o m munities have enjoyed the benefit of access to decent sport and recreation facilities and progra m m e s.
F u rt h e r, a specific programme to test 9 000 pupils for sporting ability was launched, after which the top two per cent were identified for placement in programmes fo r a d vanced training and nu rt u ri n g . As a result of this, the first South A f rican Games were held in 2002 in which approximately 2 500 young athletes from across the c o u n t ry participated as part of a d evelopmental process that will nu rture their talents for part i c i p ation in future international sport s eve n t s. There has been an appreciable resurgence of local self-assertion in the areas of music, the arts, literature, dress and, to a limited extent, film and video. However, while this phenomenon, encouraged by the theme of African renewal, shows some progress, there remains a counter-tendency of creating poor imitations of more generic international styles and expressions.
In order to alleviate inequality in access to services, human income and asset poverty and to address the social exclusion characteristic of Apartheid, many fundamental changes have been made through legislation and policy.
Many of the instruments used to prevent social exclusion are related to land issues which have been addressed through the Tenure and Land Reform processe.
Gender equality has been promoted, among others, through the recognition of customary marriages, the establishment of the Office of the Status of Women, labour equity, maternity benefits, recognition of surnames, attending to issues of sexual harassment and affirmative action. Labour protection for domestic and farm workers, employment protection through the Basic Conditions of Employment Act, the Employment Equity Act, Wage Act and the Labour Relations Act have also contributed to normalising social relations. Citizenship protection has been enhanced through the Refugee Act and the Citizens Act. Protection of special groups such as the elderly, the disabled, and vulnerable children has occurred through specially targeted policies and programmes.
In addition, the Department of Education has campaigns to reduce discrimination against poor learners, female learners, pregnant learners, vulnerable learners and learners from certain language, religious or cultural groups. Since March 2003, proposals have been developed for the establishment of a system to monitor antidiscriminatory practices in the education and training system wherever they occur. However, while significant progress has been made, there is evidence that discrimination in employment still exists. Unemployment and other social ills are still disproportionately higher for blacks and women, and there is still a gender-based premium in earnings.
The inclusion of the right to env ironmentally sustainable deve l o pment in the Constitution has emphasised the importance of the s u s t a i n a ble use of natura l resources in the South Afri c a n c o n t ex t . The country 's natura l resources are the nation's natura l capital and play a significant role in ove rall sustainable deve l o p m e n t and pove rty era d i c a t i o n.
The last ten years have seen n a t u ral resource management and conservation in South Afri c a m ove squarely into an arena conc e rned with human ri g h t s, access to natural resources, equity and e nvironmental sustainability. A number of trends stand out clearl y in natural resource management since 1994.
The first is the focus of the G ove rnment on the more e q u i t a ble distri bution of rights of access to natural resources. Along with greater equity in access has come the recognition that many resources can only be s u s t a i n a bly managed through the p a rticipation of resource users and beneficiaries in the planning, control and conservation of the r e s o u r c e.
C o n s e rvation areas are creating o p p o rtunities for local commu n ities to participate in the management of protected areas and in the process share in the benefit of t o u rism, thereby improving their l i ve s.
The natural resource base provides the basis for substantial economic gains. Millions of r u ra l South Africans depend upon biological resources for their day - t o d ay surv i va l . Access to this " n a t ural capital" p r ovides a crucial cont ri bution to live l i h o o d s, an important bu f fer against pove rty and an o p p o rtunity for self-employ m e n t.
As a "hidden economy " it also g e n e rates substantial income. Fo r ex a m p l e, in Gauteng alone the i n fo rmal medicinal plant trade is estimated to total R21 million per a n num and in KwaZulu-Natal the t rade is wo rth R60 million a ye a r. C o m munity-Based Natur a l Resource Management has been a particular focus for many of the ru ral development initiatives that put emphasis on commu n i t y based nature conservation and e c o t o u ri s m.
The implementation of the Bioregional Stra t e g y, which entails consolidation and expansion of the current system of protected areas from 6% to 8% is under way. The expansion of such national parks as the Addo Elephant National Pa rk through the acquisition of new land and current initiatives to develop new p a rks is a good example of the implementation of the Bioregional S t ra t e g y. Commercialisation of t o u rism facilities and serv i c e s within protected areas is an ex a mple of effo rts to improve management efficiency and reve nue gene ration from protected areas. Another major achievement ove r the past few years has been the e s t a blishment of Tra n s f r o n t i e r C o n s e rvation Areas (TFCAs). These cross-border Conserva t i o n Areas accord with the vision of the NEPA D, of economic, social and political integration within the c o n t i n e n t . Conclusion The social cluster deals most directly with the impact of changing circumstances on the lives of the p o p u l a t i o n . Significance progr e s s has been made in de-ra c i a l i s i n g social services and extending the social safety net to all South A f ri c a n s. D i f ferent progra m m e s which respectively address income, asset and human resource pove rt y are taking effect and show i n g i m p r ovements in the lives of peop l e. H oweve r, the persistence of p ove rt y, arising largely from unemp l oyment and the Apartheid legacy, and the difficulties in health demons t rate the magnitude of the chall e n g e. Whilst service delive ry and social grants are reaching an eve r increasing proportion of society, poor people and the social fa b ri c that ensures their surv i val continu e to be vulnera bl e. O ve rall, there h ave been improve m e n t s, but the challenge remains daunting.
Government established its economic policies in the Ready to Govern, and the RDP document and White Paper. Key economic objectives were job creation, the elimination of poverty, the reduction of inequality and the overall growth of the wealth of the country. Key tools were: macro-economic stability; steady trade reform and improved trade access in the context of a strong multilateral system; industrial policies to add domestic value and to increase competitiveness and improve productivity to encourage exports; encouragement of foreign direct investment (FDI); strong competition policies to improve competitiveness and roll-back white minority control of the economy; to encourage Small and Medium Macro Enterprises (SMMEs), especially black-owned companies; to promote skills development, including occupational skills and adult basic eduction and training, for affirmative action and employment; to further reduce inequalities through affirmative action (later called empowerment) and land reform; and to support innovation, research and development for competitiveness and social benefit.
L a t e r, in the 1996/97 period, in order to deal with the inherited fiscal crisis as well as new difficulties pertaining to currency vo l a t i l ity and low investor confidence, GEAR elaborated upon the notion of macro-economic stabilisation that was inherent in the RDP.
of GDP % of GDP 9.
Net open forward position (SARB) 1998 2003 $25b $22.
om 1 month's import cover to 2.5 month's cover Risen fr s t rategies for gr owth including s t rategies for tax incentive s, small business development, innova t i o n p r o grammes and skills deve l o pment, the main focus of GEAR was stabilisation of the macroe c o n o my under trying circums t a n c e s. It also set out what became known as "targets" fo r macro-economic policy outcomes, and for gr owth and employ m e n t . Detailed wo rk was also done to e l a b o rate a policy for bl a ck economic empowe rment (BEE).
The budget deficit has come dow n from 9.5% of gross domestic product (GDP) (including the deficits of the Bantustans) in 1993 to fra c t i o nally over 1% in 2002/03. Total public-sector debt has fallen from ove r 60% of GDP in 1994 to barely 50% of GDP in 2002/03. The net open fo r ward position of the Reserve Bank has fallen from $25 billion in 1994 and $22.5 billion in 1998 (the highest level since 1994) to zero in 2003, and foreign reserves have risen from one month's import c over to two and half month's i m p o rt cove r. South Africa has a c h i eved a level of macroeconomic stability not seen in the country fo r 40 ye a r s. These advances create o p p o rtunities for real increases in expenditure on social serv i c e s, reduce the costs and risks for all i nve s t o r s, and therefore lay the foundation for increased inve s t m e n t and gr ow t h.
I nvestment as a percentage of GDP has ave raged around 16 - 17%, which is low by the standards of successful deve l o ping countri e s. In the 1960s, South A f rica reached a level of 27% and higher in some ye a r s. It is now at its lowe s t - ever leve l s.
There are three investor groups in the South African economy : t h e p ri vate sector, gove rnment and the para s t a t a l s. The inve s t m e n t p e r fo rmance of all three has been l ower than required, and gove rnment-sector investment reached h i s t o rically low levels in the late 1 9 9 0 s.
This trend reflects an ex t e n d e d p e riod of public-sector tra n s fo rm ation when methodologies of public- sector investment were being r ev i ewe d . G ove rnment inve s t m e n t was constrained by the tight fiscal policy in pursuit of macro-economic stability whilst para s t a t a l i nvestment was constrained by the restru c t u ring of the Stateowned enterp ri s e s. Since 1999, g ove rnment investment ex p e n d iture has begun to gr ow, with the allocation to capital ex p e n d i t u r e rising from 5.3% to 9.3% of total g ove rnment ex p e n d i t u r e. T h i s trend is expected to continue as the investment capabilities of p r ovincial and local gove rn m e n t are strengthened.
The relatively low level of pri va t e sector investment seems to deri ve from general concerns about the direction of gove rnment policy (more an expression of mistru s t than reality), mediocre gr ow t h ex p e c t a t i o n s, perceived costs of c ri m e, elements of labour legislation and high interest ra t e s. Fo r small firm s, access to capital is a major constra i n t . C o n c e rn for the credibility of macro-economic r e fo rms resulted in strongly ri s k averse behav i o u r, especially in respect of the rate of inflation, and hence to tight monetary condit i o n s. S eve ral of these fa c t o r s h ave eased, and the country has entered a period of higher pri va t e sector inve s t m e n t.
Since the immediate pre-1994 p e riod, the country 's net FDI has been positive on balance, which is a turnaround from the massive o u t f l ows of the 1980s and earl y 1 9 9 0 s. Significant foreign inve s tments have been seen in such sectors as the motor industry, the chemicals sector, mining, and d a i ry products, but relatively little of this is green-field inve s t m e n t , that is, investments into major n ew projects or plants. There are t wo main reasons for this trend. The market in South Africa and s o u t h e rn Africa is not ve ry large and is not gr owing fast enough. Foreign direct investors are making long-term calculations, and their poor understanding of democ ratic South Africa has been a significant constra i n t . This is the result of poor info rmation, and the inclination of the media to port ray the South African story as a confusing drama, rather than a saga of steady improve m e n t . N eve rt h e l e s s, since the beginning of 2000 there has been an i m p r ovement in net FDI, including green-field inve s t m e n t s.
On average, per capita growth was negative in the decade before 1994. Since then, the economy has grown at a rate of 2.8% per annum, on average. If the Asian crisis years of 1998 and 1999 are ignored, the average growth rate was 3.25%. Either number is a considerable improvement on the two decades before 1994. Real per capita growth has been a little over 1% per year since the beginning of 1994. In other words, on average South Africans grew wealthier at a rate slightly faster than 1% per year since 1994. In comparison to strong growing economies, this is a mediocre performance, although it is steady but an unspectacular performance compared with most developing economies.
Between 1995 and 2002, the number of people employed in South Africa grew from 9 557 185 to 11 157 818. This represents 1 600 633 net new jobs. These are net new jobs because this is increase in jobs after accounting for many jobs lost in some sectors. However, during the same period, the number of unemployed people grew from 1 909 468 to 4 271 302, an increase of 2 361 834 according to the strict definition. This includes an increase in the base numbers of those seeking work, which, now includes a greater proportion of women from rural areas. 2002 figures show that out of a total of 8.9 million workers (i.e. excluding employers, selfemployed and those working without pay) 1 115 000 were temporary (12.5%), 567 000 were 'casu al' (6.
A key point to note regarding the job market is that while many unskilled workers are unemployed, there is a shortage of suitably skilled workers which is a constraint on expansion. Skill sets often identified as those in short supply are financial service and information and communication technology skills. These include mid-level skills accessible to matriculants and diplomates.
Reshaping of trade and industri a l policies is reflected in an improve d balance of trade and a shift from p ri m a ry ex p o rts to higher va l u e d added secondary and tert i a ry sector ex p o rt s. These achieve m e n t s are due to the Gove rn m e n t 's success in supporting and promoting mu l t i l a t e ral rules-based global tra ding regimes (see IRPS) and the use of general and targeted supply-side measures.
Temporary workers (out of 8.9m workers) 1 115 000 (12.
Casual workers 567 000 (6.
Seasonal workers 62 000 (0.
Key initiatives included the renegotiation of the Southern African Customs Union (SACU) Agreement; the negotiation of a Southern African Development Community (SADC) free trade agreement; and the negotiation of a bilateral trade and aid agreement with the European Union (AU). The unilateral American African Grouth and Opportunity Act provision has also aided South Africa's exports. These agreements are contributing to new trade activity and to new FDI into South Africa. Currently, South Africa is a leading developing country participant in the Doha Round of the World Trade Organisation WTO; it has entered free trade talks with the USA; it is pursuing a free trade agreement with the Latin American members of the Mercosur; and it is discussing the possibility of a bilateral trade agreement with India.
In terms of trade policy, the main programme has been the implementation of tariff reform in line with South Africa's WTO commitments, combined with modernisation of industry. In the late 1990s, in the course of the development of the Integrated Manufacturing Strategy and the Micro-economic Reform Strategy, government's view shifted in two main respects: firstly incentive programmes were extended beyond traditional manufacturing sectors; and secondly key industries were targeted for special attention. These included growth sectors like autos and tourism, and cross-cutting sectors like information and communications technology. The sectors are now becoming a focus for the allocation of industrial development resources, including science and technology, and Human Resource Development (HRD) funds.
A coherent policy framework was put in place which focused primarily on the key economic sectors of telecommunications, energy, d e fence and tra n s p o rt . The reasons for refo rming State-Owned E n t e rp rises (SOEs) included improving the access of the historically disadvantaged to services such as telecommunications and electricity; increasing efficiencies, and hence reducing costs; and using the revenues earned through the disposal of state assets to reduce public debt. One major constraint was that restructuring had to be carefully managed as the SOEs employed tens of thousands of workers. Another consideration was that in restructuring corporations, BEE would be encouraged.
Of these objectives, the one achieved unambiguously was the reduction of public debt by R24 billion. Other consequences include the creation of a more entrepreneurial class of those interested in restructuring activities, the advancement of regulation, the opening up of some industries to competition and the widening of share-ownership. Commercialisation and/or partial privatisation has led to the reduction in public debt by raising funds from the private sector, thereby reducing pressure on the fiscus, and creating an environment for competition. The creation of greater competition still has to be achieved in some sectors. Greater competition and further improvements to the regulatory environment should ensure that certain nationally strategic services such as energy, transportation and telecommunications are provided at low cost and high quality. As in the rest of the economy, there has been a shedding of jobs mainly from "modernisation" (improvement of business processes and the introduction of new technology). There has been a strategic shift in recent years to tighten oversight over financial, economic and socio-developmental activities of SOEs to ensure that they are aligned to the objectives of the developmental state.
In the process of restructuring state assets and liberalising markets previously controlled by state monopolies, new systems of regulation have been established. These include a range of new regulators in the transport sector, in the telecommunications sector and in the energy sector. Though South African regulators are relatively well-endowed by developing -country standards, they are generally weak in relation to the corporations they are regulating. In addition, relations between the regulators, their boards/councils, and government vary considerably, even in relation to regulators that have similar functions.
South Africa has made great progress in introducing and amending labour laws that give employers and employees certainty and security in their employment relationship. The huge fall in person-strike-days per year bears testimony to the success of the policy. The balance between the degree of job security and the kind of labour market flexibility that encourages employers to take on new employees is still being negotiated amongst the economic roleplayers.
The basic level of company taxation meets South Africa's needs and is consistent with international practice. However, there are concerns raised about the system from two contrasting perspectives. On the one hand, there are concerns that "creeping" forms of taxation are clouding the clarity of the basic system. For example, the skills levy on wages, the obligations of empowerment programmes, and municipal rates and levies are seen to be unpredictable additions to the tax burden of firms. On the other hand, given the current levels of social inequality and the low rate of commitment of capital to productive investment, it has been argued that further qualitative reductions in corporate tax in the current period may generate further social polarisation. There is also a question of whether there is scope for the design of the tax system further to support developmental objectives, for example, through tax rebates or allowances investment in activities like research and development, employment creation and investment in targeted industries and geographical areas.
The new competition authorities, established under the Competition Act of 1998, have established a reputation for sound performance, much greater than their predecessor, the Competition Board. However, there is concern that the competition authorities have not been as effective in the field of combating prohibited practices, except where those practices are specifically outlawed, such as in merger control. Industry concentration remains high in South Africa, with sprawling conglomerates of the 1980s having given way to industry-focused powerhouses. As a result, price markups in South Africa are high by international standards, especially in certain key intermediate product groups such as beverages, paper and paper products, coke and petroleum products, basic chemicals, basic non-ferrous metals, and, to a lesser extent, ferrous metals.
The experience with regard to small business creation is reflected in the Small Business Council, Khula Enterprise Finance Corporation and Ntsika Enterprise Promotion Agency having made modest impact, though some agencies such as the Manufacturing Advisory Centre programme are considered to be world-class. Small business strategy is currently under review. It remains important to clarify the focus of strategies with regard to distinctively different sectors of the SMME community, i.e. micro businesses (often informal), small businesses, small technology start-ups and medium businesses.
In trying to measure the impact of small and micro businesses on the economy, it was found that in 2001 there were 2.3 million people who owned at least one Value Added Tax (VAT) unregistered company. Of these, only 338 000 owners had employees, a total of 734 000. While this may raise the question of the job creation potential of these enterprises, it also demonstrates the level of self-employment, a large part of which may be survivalist. The contribution of this sector to GDP and employment however bears testimony to a fundamental role that this sector is playing in the South African economy. Data on small and medium enterprises suggests that these enterprises contribute about half of total employment, more than 30% of total GDP; and one out of five units exported is produced in the small and medium sector in South Africa.
Skills development from 6% in 1995 to 15% in 2002.
It remains the case that large numbers of unskilled wo rkers are u n e m p l oyed, while employers cite a shortage of semi and skilled wo rkers as a constraint on ex p a ns i o n . A significant amount of resources have been directed t owards both general education and skills training and has also focused considera ble attention on r e s t ru c t u ring the institutions that d e l i ver HRD and skills. The target of 3 000 completed learn e r s h i p s was exceeded in 2001, although, i n s t i t u t i o n a l l y, the Sector Education Au t h o ritics and Tra i n i n g (S E TAs) have been slow in meeting their objective s. Both publ i c and pri vate-sector employers have been slow in taking advantage of the training opportunities ava i l a bl e despite the skills shortage being cited as one of their major cons t ra i n t s. H oweve r, perfo rmance is i m p r oving, and the focus on the p e r fo rmance of the SETAs should yield better results.
There is a relatively large reservoir of young unemployed matri culants and even graduates of t e c h n i kons and unive r s i t i e s. T h e percentage of unemployed gra d uates of tert i a ry institutions gr ew For Afri c a n s, the percentage of u n e m p l oyed graduates rose from 10% in 1995 to 26% in 2002. M a ny of these unemployed people h ave earned degrees and diplomas that have not sufficiently prepared them for the labour marke t . Two messages come out of the d a t a . The first is that school, techn i kon and university progra m m e s are not always effe c t i vely geared t owards employa b i l i t y. The second is that school-goers and schooll e avers do not have sufficient guidance regarding practical study and career paths.
The proportion of top managers who are black grew from 12% to 13% between 2000 and 2001, while the number of senior managers grew from 15 to 16%. The proportion of skilled professionals and middle managers grew even more slowly, by 0.2%. This shows that empowerment in the workplace is continuing, but very slowly. Progress was slow in extending black ownership, with a recent estimate of black equity in public companies indicating 9.4% in 2002, compared with 3.
Occupation Managers, seniorofficials, legislators Professionals, associate professionals, technicians 155062 43 228302 44.3 205652 56.4 287087 55.7 814428 58 974662 61.4 583232 41.3 613575 38.
1997, from being virtually nonexistent before 1994. The number of Previously Disadvantaged Individual (PDI) directors of public companies drew from 14 (1.2%) in 1992 to 438 (13%) in 2002, but the proportion of PDI executive directors remained very small. These trends are expected to improve with the implementation of the broad-based empowerment programme of government.
As far as women are concerned, their progress in the workplace has been equally slow. Just 13% of top managers in 2001 were women, only 1% better than 2000. Women in senior management grew a little faster, by 1.7% to 17.7%. Evidence from the Census 2001 suggests that the proportion of black managers and professionals has increased relative to their white counterparts although the rate of change is still very slow with the proportion of black managers, senior officials and legislators rising from 42.5% in 1996 to 44.3% in 2001. Progress in professional, associated professional and technicians shows that blacks now comprise 61.4% of these groupings in 2001, up from 57.6% in 1996.
The progress in industrial policy has not yet had significant payoffs in the form of greater levels of domestic innovation and R&D. Government has set up an effective system of national innovation with a number of imaginative innovation support programmes. Innovation levels would have fallen further had these measures not been introduced. The 2002 R&D Strategy established new, relevant missions for the national system of innovation, of which the first example to be operationalised is the Biotechnology Strategy. Expenditure on R&D averaged around 0.75% of GDP for most of the 1990s, and is currently estimated at about 0.8%.
By most international benchmarking measures the competitiveness of the South African economy has improved since the early 1990s. Two key indicators are the improvement and diversification of exports, and the significant improvement in labour productivity. However, most measures still indicate that the availability of skilled labour remains a key weakness. Other concerns are the cost of transport and telecommunications, which are key factors in an economy at such great distance from major world markets. Hence the focus of the microe conomic reform strategy on input costs and skills. A great deal remains to be done in respect of these factors. Conclusion The Gove rnment has been successful in ensuring macro-economic stability, improving the t rade regime, and taking adva ntage of the country 's natura l resources and financial and phy s ical infra s t ru c t u r e. U n fo rt u n a t e l y, the country 's skills base, the volatility of the exchange rate and the interest ra t e, the cost of inputs such as tra n s p o rt and telecommun i c a t i o n s, lack of competition in the domestic market, and poor perceptions of Africa and southe rn Africa are holding back higher rates of inve s t m e n t . There is an o p p o rtunity to better use the infras t ructure to provide low-cost servi c e s, to continue to add more value to the processing and manu fa c t u ring sectors and to reduce South Afri c a 's risk rating through better marke t i n g . H oweve r, competition from Asia and other part s of Africa, slow improvements in skills and input costs, and we a knesses in implementation continue to hold back such progr e s s. The global economy will continu e to have implications for the domestic economy.
There are many factors that bedevilled an efficient and effe c t i ve functioning of the JCPS depart m e n t s b e fore 1994:t h ey broadly lacke d i n t e grity and legitimacy; their mandates and functions were va g u e and ambiguous and largely directed at shoring up an illegitimate syst e m; t h ey often functioned in an unco-ordinated manner; t h ey we r e not subject to any effe c t i ve and c r e d i ble oversight and control m e c h a n i s m ; t h ey were chara ct e rised by an uneven distri bution of resources between the tra d i t i o n a l white and bl a ck areas; and the approach to fighting crime did not include addressing the main causes t h e r e o f.
Tra n s fo rmation of the security and c riminal justice functions was therefore essential in bringing about l e g i t i m a c y, accountability and effe ct i ve n e s s, while at the same time s t riving to reduce the levels of cri m e and enhance stability and securi t y. The tra n s fo rmation process has resulted in the departments being subject to effe c t i ve, credible and ye t u n even oversight and control mecha n i s m s. F u rt h e r, the depart m e n t s h ave played a critical role in reducing political violence and securi n g the va rious electoral processes. Outside the country, the securi t y s e rvices are no longer invo l ved in destabilisation activities but instead i nvo l ved in peace support and disaster-relief opera t i o n s.
in respect of gender, disability and ra c e. The integration process has also enabled the Gove rnment to d evelop and implement unifo rm rules for these depart m e n t s throughout the country. This has been part i c u l a rly important in respect of the court s, the intellig e n c e, police and defence funct i o n s.
E f fo rts directed at enhancing the capacity of the justice and securi t y d e p a rtments constituted an important element of the tra n s fo rm a t i o n p r o c e s s. These interventions have yielded results in certain instances, for instance the Au t o m a t e d F i n g e rp rint Identification System (AFIS) is helping the police process i nvestigations more quickly and effic i e n t l y. The equipment that has been purchased for the South A f rican National Defence Fo r c e (SANDF) is expected to enable it to e f fe c t i vely patrol South Afri c a 's E x c l u s i ve Economic Zone and t h e r e by protect international maritime tra f f i c, combat tra n s n a t i o n a l organised cri m e, including sea piracy and the illegal exploitation of South Afri c a 's maritime resources. Owing to its enhanced capacity, the SAPS is invo l ved in capacity-bu i l ding programmes in seve ral count ri e s : M o z a m b i q u e, Sierra Leone, B u rundi, Tanzania, Uganda and Ke nya.
There remains a need for the justice and security departments and agencies to improve their functioning, and to this extent, they need to f u rther improve co-ordination and, in respect of the police in part i c u l a r, it would be important to further pursue optimal resource utilisation.
Foremost in respect of transforming the judiciary has been the notion of substituting the supremacy of Parliament with that of the Constitution. This shift has repositioned and redefined the independence of the judiciary. The Judicial Services Commission and the Magistrates Commission have made important progress regarding the appointment of members of the judiciary and this has led to an evolution of a singular judiciary that is increasingly representative of South African society. Certain challenges still persist in this regard: the shortage of skilled and experienced black lawyers who can be considered for appointment to the Bench; the orientation of training and outlook in the country's law schools and consequently the judiciary itself; and the conditions of service which are not attractive enough to some lawyers who could be considered for appointment to the Bench.
Over the past few years, many in the judiciary have shown a profound understanding of constitutional imperatives and set out to defend the basic law of the land. This includes many judgments particularly by the Constitutional Court which have reflected progressive interpretation of the Constitution and social rights in particular. Government's response to court judgments has been respectful and helped reinforce the legitimacy of the courts.
Yet in an evolving polity, the issue of the appropriate balance among the three centres - the judiciary, the executive and Parliament - is one that will continually be contested.
At the extreme end of the scale, there have been few instances where individual judges have sought to make patent political statements contesting details of government policy. On the other hand, there have been debates about judgments that are perceived to reflect the racial stereotypes of the past, as well as about a tendency among some to show fixed positions against the Government.
Overall, the debate about the balance among the three centres of the State arises in part from the question whether the judiciary may be tempted to position itself as a "meta-state", above the other centres - a contestation that has arisen in other polities around the issue of "judicial activism". This does raise fundamental questions about the value of the democratic mandate and electoral process within parameters of the Constitution, and the policy choices and trade-offs in the detail of policy-making.
The strategy and plans of the G ove rnment in this regard have been anchored within the National C rime Prevention Stra t e g y (N C P S) . The two elements of the NCPS that have borne visibl e results have been the National C rime Combating Stra t e g y (NCCS) and the Integra t e d Justice System (IJS).
There is evidence that the G ove rnment is beginning to make an impact on the crime situation. S e rious crime levels in South A f rica are continuing to come d own or stabilise. Data show s that, with the exception of " c o mmon assault" and "other theft", all 20 serious crime trends and the four sub-trends of robb e ry with a g gravating circumstances have recently either stabilised or are decreasing compared to the figures since 1994. It should also be noted that the system of gatheri n g and processing statistical data has had to be massive l y i m p r ove d.
The increase in common assault does not represent a real i n c r e a s e, but is the result of specific definitions of crime and of counting rules that were implemented during the optimisation of c rime statistics that were in effe c t from July 2000 to May 2001. T h e increase in"'other theft" wa s insignificant (0.7%). I n t e rn a t i o n a l l y it is accepted that murder is the one crime trend which is not significantly influenced by ove r r e p o rting or underreport i n g . D a t a indicates a ve ry constant and significant decrease in mu r d e r b e t ween 1994 and 2002. The total decrease between 1994 to 2003 was 30.7%. Aggravated robbery has persistently increased since 1996 while other types of robbery have gone up since 1994. It should also be emphasised that close on to 50% of all robberies relate to cellphone theft or misplacement, with high reporting rates for insurance purposes. The so-called high-profile robberies, namely vehicle hijacking and bank-related robbery have gone down 33.7% and 52.2% since data was first recorded in 1996. Whereas these robberies accounted for a quarter (26.6%) of all aggravated robberies reported since 1996, they accounted for 12.8% of all such robberies during the last year.
These trends were achieved within t wo years since the implementation of the NCCS (better known as O p e ration Cra ck d ow n).
Murder 30.
Vehicle hijacking 33.
Bank related crime 52.
Cell-phone theft 50% of all robberies s h o rt term (2001 - 2002) in most c a s e s. Some cases of stabilisation can easily turn to decreases if a little more effo rt is spent.
The IJS, on the other hand, through its three sub-programmes (the awaiting trial prisoner project; the reception, channelisation and trial readiness programme; and the pre-trial services programme), has resulted in the speedy finalisation of cases; an improvement in the quality of dockets; and an increase in conviction rates. Evidence of these improvements are reflected in conviction rates which increased from about 78% in 1999 to 81% in 2002. Statistics from a few sampled IJS court centres illustrate that in April 2003, the average case preparation cycle time had reduced from 110 days to 71 days, an improvement of 39 days. In April 2003, there was also an increase in the time of court activity by 29 minutes. In respect of trial readiness of cases, the percentage of cases on the court roll that were ready for trial decreased on average from 39.9% to 35.7% (an improvement of 10,5%) in April 2003 and from 39.9% to 36,7% (an improvement of 8%) in May 2003.
The elements of the NCPS that require further implementation relate to the need to address the causes of crime. Important programmes in this regard are the social crime prevention initiatives, the Integrated Rural Development Programme, Urban Renewal Programme and select elements of the Moral Regeneration Initiative. The cluster has implemented various other initiatives (that complement some of the outcomes referred to above) that are designed to improve its effectiveness and efficiency. These have been Community Policing; the Separation of Judicial and Administrative Functions; the Millennium 10 Point Plan; and the Specialised Courts.
Research reveals that the Community Policing Policy Framework had the most impact in the police service in terms of the manner in which members approached and interacted with those they served. The Community Police Forums (CPF's) have improved the relationship between the police and communities and have led to a relationship of trust between the two. The partnership with Business Against Crime has led to an 80% decline in street crime in targeted city centres and has increased the response time to crime scenes by the police. The implementation of the social crime prevention however, remains uneven and this is largely due to poor co-operation and co-ordination between government departments and across the different clusters and spheres of government.
The separation of judicial and administrative functions involved the freeing of judicial officers of their administrative tasks thereby enabling them to spend more time in court. This initiative has been successful in some courts because it allowed productivity by presiding officers to increase. This has led to a reduction in case backlogs, as well as a reduction in the number of postponed cases. The Millennium 10 Point Plan, in part, has introduced the Saturday and Additional Courts, which have contributed to a finalisation of cases and a reduction in the backlog of cases pending trial. In respect of the Sexual Offences Courts, the personnel are better trained regarding how to deal with victims and witnesses and specialised training has been provided for the prosecutors. A combination of the above and other factors has resulted in improved effectiveness.
The final component of the criminal justice system is Correctional Services. The challenge for this component is to deal with overcrowding, develop and implement an effective rehabilitation programme, fight corruption in prisons and within the ranks of officials, improve prison conditions and maintain the safe custody of prisoners. Various initiatives have been implemented in order to alleviate the problem of overcrowding in prisons. Among others, these have been the building of new prisons; the introduction of alternative sentences; the promotion of correctional supervision; the awaiting trial prisoner project and the parole system - inclusive of Presidential pardons. In terms of security in prisons, escapes had been reduced from 1 244 in 1996 to 325 in 2002. These include escapes from prison, court, work teams, public hospitals and during transportation.
The above initiatives have only yielded limited results. It is evident that improved efficiencies in the police and the justice system (as a result of the training of detectives, the AFIS, the IJS initiatives, to name a few examples) are going to compound the problem of overcrowding.
Correctional Services have indicated that with a 60% repeat offender rate it has not been implementing an effective rehabilitation programme (and programmes that would be employed to re-integrate prisoners into families, communities and society at large) for its various categories of prisoners but this is currently receiving urgent attention. Furthermore, it is establishing an effective investigative capacity to deal with corruption and other misdemeanours.
It is clear that the cluster requires increased capacities, particularly in respect of the challenge of reducing the backlog of cases pending trial; overcrowding in prisons; developing and implementing an effective rehabilitation programme, among others. Furthermore, it needs to continue reducing the levels of crime, improve the effectiveness of partnerships with organs of civil society, and enhance co-ordination within itself and with other clusters, notably the social and economic clusters.
Rape levels increased by about 10% after 1994, then remained stable until returning to 1994 levels in the last year. Government has implemented several measures, among which have been an audit of resources that are available to state departments; the segmenting of victims, notably children, for the purposes of determining risk factors; the revision of the definition of and the requirements for the crime of rape; the establishment of Sexual Offences Courts throughout the country; empowering prosecutors, police, magistrates and doctors with specialised skills; ensuring that dangerous sexual offenders are kept under long-term supervision upon release from prison; the creation of a new crime in respect of child prostitution; the establishment of Specialised Family Violence, Child Abuse and Sexual Assault Units in the SAPS; the implementation of measures that enable victims to co-operate better; and the implementation of minimum sentences in respect of convicted persons.
As a result of the above measures, the capacity of the relevant State institutions to effectively deal with sexual assault crimes has been enhanced. This has led to a high conviction rate of suspects. The challenge remains that rape remains a difficult crime to prevent, particularly from the perspective of state departments. This matter requires partnerships with communities and structures of civil society, inclusive of the media, in order to enhance public aware-ness and the implementation of preventative measures. An area of concern in this regard relates to the number of cases that remain unfinalised - either with an acquittal, a conviction or a decision not to prosecute. The number of finalised cases went down from 1998 and this is chiefly caused by withdrawals of cases. For instance, of the cases that were referred to court in 2000, 53% of them were withdrawn.
As noted above, vehicle hijackings decreased 34% whilst bank-related crime decreased 52% since 1996. White-collar crime has reduced about 24% since 1994 and drug-related crime has remained stable. Various measures have been implemented to help the Government fight criminal syndicates: the creation of the Directorate of Special Operations (DSO), the enactment of the Protected Disclosures Act, the Prevention of Organised Crime Act and the Financial Intelligence Act. The above measures facilitate easy detection of criminal activities, in part because they protect whistle blowers (Protected Disclosures Act), enable the Government to confiscate benefits accruing from criminal activities and create an intelligence organisation that co-ordinates efforts of the private and public sectors, particularly against money laundering. The Interception and Monitoring Bill will enable the intelligence and law enforcement agencies to monitor communication over cellular phones.
The fight against organised crime has also been pursued in partnership with multilateral organisations and regional countries. This cooperation has yielded good results: significant arms caches have been identified and destroyed in Mozambique and approximately 741 stolen vehicles were recovered by January 2002. The cluster has registered significant gains against organised crime syndicates. For example, more than 200 syndicates had been neutralised out of 300 that were identified and investigated.
The Specialised Commercial Crime Courts have recorded high productivity an average 4.
4.67 hours per day and conviction rates. Regarding the latter, the conviction rate in 2001 was 86%. In 2002 it was 96.2% and by mid-2003 it stood at 93.54%. The DSO on the other hand achieved an 85% conviction rate in the years 2001 and 2002. This was accompanied by an increase in the number of arrests in 2002 and 2003. The Criminal Assets Recovery Unit won more than 129 forfeiture orders involving R76 million and frozen assets worth more than R500 million. The police have arrested more than 2 000 syndicate members during the period under review and seized illicit assets worth more than R4billion.
With regard to borderline control, the South African National Defence Force has been assisting the SAPS execute this function. The deployment of the SANDF has resulted in the arrest and deportation of thousands of illegal immigrants, the confiscation of stolen vehicles and illegal firearms, and the confiscation of fraudulent and illegal Identification Documents and Passports, to name but a few. In respect of control in ports of entry, the cluster has developed a system that will facilitate trade and commercial activities and enable the relevant departments to combat cross-border crime and other threats to national security. This has entailed upgrading the infrastructure, including ICT in select and priority ports of entry, rationalising responsibilities among the relevant departments and entering into agreements with the neighbouring countries, particularly in respect of operating procedures, amongst others.
Border control, however, continues to have serious challenges - the absence of an overarching strategy, inadequate infrastructure, particularly information and communication technology, inadequate resources, and uneven security standards across the relevant facilities (airports, harbours and land ports of entry).
Various initiatives have been implemented to reduce and eradicate this phenomenon such as the development and implementation of guidelines and regulations in respect to access to ranking facilities and routes. Other operations were instituted with a view to investigating, arresting and prosecuting the perpetrators of taxi violence. These operations have resulted in a number of people being convicted for various transgressions. Furthermore, several illegal firearms and stolen vehicles were confiscated. These interventions have arguably reduced the incidents of taxi violence but it has not been eradicated. Sporadic attacks continue to take place as well as the extortion of funds from members of taxi associations.
The cluster has implemented various initiatives geared at regulating ownership of legal firearms and reducing the number of illegal firearms: the campaign that called on people to voluntarily hand over their firearms; the destruction of redundant fire-arms that were in the possession of the SAPS; the auditing of firearms that were in the possession of various government departments; operations that were launched in order to trace and recover illegal firearms in high-crime areas; joint operations with the Mozambican authorities to investigate and destroy caches of weapons, and participation by the cluster in the development of the UN Protocol agains Illicit Manufacturing of and Trafficking in Firearms. As a result of the above operations and interventions, the cluster has destroyed in excess of 80 000 firearms.
The cluster has further implemented other measures: new control measures have been implemented in ports of entry; the harmonisation of permits for firearms and ammunition; the standardisation of firearms that are used for policing purposes and measures that are intended to further regulate the continued ownership of firearms that would have belonged to deceased persons. However, indications are that these measures have not as yet totally stemmed circulation of illegal weapons.
As a result of Operation Rachel, which is conducted in co-operation with the Mozambican authorities, the police realised the following gains between 1995 and 2003. They destroyed 25 838 rifles; 4 786 sub-machine guns; 13 798 106 small-arms ammunition; 13 503 grenades; 12 448 mortar bombs; 2 040 light and heavy machine guns; 13 057 projectiles/ rockets/ missiles, to cite a few examples. The impact firearms have on serious and violent crimes suggests that more work is required in this regard.
Several challenges have been dealt with in this regard: improving security in government, seeking to end political violence and bringing to an end the spectre of urban terrorism.
Notwithstanding the various initiatives that have been implemented, the security of government remains inadequate. This is particularly the case in respect of the state of protection accorded to Very Important Persons and their residences; the security of government information (which is compounded by the absence of an enabling policy regarding vetting); and the general uncertainty that attends the state of readiness of security-related disaster management systems.
The political interventions that we r e implemented have ev i d e n t l y reduced the levels of political intole rance and violence part i c u l a rly in K waZulu-Natal, and some areas of the Eastern Cape and Gauteng where some incidents persisted after 1994. Pa rties now tend to use Constitutional and legal means to settle disputes and achieve their o b j e c t i ve s, though isolated incidents do occur. As a result of the operat i o n s, seve ral suspects were convicted, though not all cases have been fully pursued.
The Truth and Reconciliation Commission process has run its course and has in many respects been commendable in identifying the root causes of political violence, but also broadly matters pertaining to gross human rights violations. Work continues to implement its recommendations and take forward the objectives of national reconciliation and restoring the dignity of victims.
During the period under review, the Government dealt effectively with the spectre of terrorism, predominantly in three respects: urban terrorism, right-wing extremism and international terrorism. The Government sought to bring the phenomenon of urban terrorism to an end, in part, through investigating and prosecuting the people who were responsible for terror. On account of co-ordinated operations between intelligence and law enforcement agencies, the Government was able to convict the perpetrators. This success led to an almost complete end to this phenomenon in the Western Cape in particular.
Lately, white right-wing terrorist groups have sought to challenge the legitimacy of the democratic State and perpetrated acts of terror. On the basis of co-ordinated investigations, the law enforcement authorities uncovered the plans of the affected people, confiscated large amounts of firearms, ammunition and explosives, prevented some assassination plans and arrested and are prosecuting more than 20 suspects. The law enforcement authorities have been in liaison with their counterparts abroad with respect to international terrorism. Furthermore, the Government is implementing the relevant resolutions of the UN in this regard.
In broad term s, the policy fra m ewo rk and the pri o rities that the cluster has implemented continu e to be va l i d . What is evident is that the capacity of the justice and s e c u rity departments requires to be systematically enhanced in order to accelerate service delive ry. This requirement is urgent in respect of the criminal justice system - part i c u l a rly the need to sustain the interventions that have been implemented with a view to a l l eviating the backlog of cases pending tri a l . A corresponding init i a t i ve will have to be implemented in Correctional Serv i c e s, part i c u l a rly the urgent need to develop and implement an effe c t i ve rehabilitation progra m m e. Evidence from the JCPS and Social clusters howeve r indicate that crime will not be significantly reduced without the i nvo l vement of ordinary citize n s and systematic effo rts to deal with the corrupt fifth column in securi t y related depart m e n t s. Although gove rnment has been building effe ct i ve crime prevention part n e r s h i p s with civil society, it also needs to focus on moral regeneration and n a t i o n - building in order to improve the ove rall environment and to promote crime preve n t i o n.
Some of the most significant changes in government policy since the inception of democracy in 1994 have occurred in the IRPS functions of the State.
prioritise commitment to the interests and development of Africa promote South-South co-operation and the transformation of North-South relations reform and strengthen the multilateral rules-bound political, economic, security and environmental organisations in order to advance the interests of developing countries.
While South Africa has made significant progress in international relations since 1994, some objectives have been difficult to promote, while others need greater effort if they are to be fully realised. The performance and success of a country's international relations policies are contingent upon a range of other actors and variables in the international arena, including states and non-state organisations, of which the latter are often better resourced than smaller countries. Unlike many domestic policies under the direct control of government, external issues, particularly peace and security, are complex as its dynamics are determined by many international, regional and local variables. There is, however, a general agreement that South Africa is playing a leading role, especially in advancing the interests of developing countries. This derives from, among other factors, the geographic location of the country, the policy challenges facing South Africa at the confluence of global socio-economic challenges, the nature of our history and transition to democracy, and the quality of the country's leadership. The challenge is thus to use this influence to promote South Africa's international relations and domestic objectives.
The IRPS functions seek to a d vance South Afri c a 's national i n t e r e s t s, part i c u l a rly as these relate to nation-building, the promotion of human ri g h t s, securi t y, d i s t ri bu t i ve wealth creation, e m p l oyment creation, trade creation and diversification, and i n f l ows of FDI. South Afri c a 's security interests have been broadly conceptualised to incorp o rate milit a ry, economic, social and env i r o nmental issues. This is important fo r i n t e grated policy-making, part i c ul a rly in an era of mutual vulnera b i l ities and a plethora of " n ew " s e c u rity challenges, including terrori s m , f l ows of illegal migrants and r e f u g e e s, illicit small and light arm s t ra d e, international crime syndic a t e s, money laundering schemes, narcotics tra f f i cking, env i r o n m e n t a l d e gradation, the spread of commun i c a ble diseases (such as HIV/AIDS), and trans-border cri m e. South Africa has also sought to focus the international agenda on addressing pove rty and the underd evelopment of the South.
All government departments have had to transform and restructure since 1994. This has been a particularly important task for those departments mandated with formulating and implementing South Africa's IRPS priorities, as these departments represent and project the 'face' of South Africa internationally but were in the past complicit in preserving the old Apartheid order.
The Defence component of the cluster has its own values and cult u r e. It was created through the successful integration of fo rm e r members of statutory and nons t a t u t o ry forces from seven diffe rent military back grounds and cult u r e s. Legitimacy in the eyes of the population has been achieved by a number of means, such as adopting a new security doctrine and e t h o s, becoming more representat i ve of the South Africa population; rigorously applying affirm a t i ve a c t i o n ; successfully adjusting to being an all-volunteer fo r c e ; s u ccessfully implementing civil ove rsight and adopting new symbols. D e fence has faced, and continu e s to confront, numerous depart m e ntal challenges, including aligning regional ex p e c t a t i o n s, the fo r c e design and the defence bu d g e t ; introducing new weapon systems to modernise the South Africa Air Force and South Africa Nav y ; implementing a human resource s t rategy to rejuvenate the SANDF and to feed the Reserve Fo r c e ; c r eating a smaller but more effe c t i ve SANDF with increasing responsibili t i e s ; building an effe c t i ve Earl y Wa rning Capability through increased intelligence and defe n c e foreign relations capacity; a n d d eveloping a unique defence culture for South Africa, part i c u l a rl y under the impetus of opera t i o n a l d e p l oyments for peace missions. By the end of the first decade of freedom, most of these depart m e ntal challenges have been successfully met, managed or resolve d.
The Foreign Affairs component of the cluster started off after 1994 with a highly fragmented and ideologically polarised staff, and the i n t e gration of the old bu r e a u c ra c y with the new corps of officials wa s not always a smooth process. Related problems have been insufficient capacity, human resource d evelopment and perfo rm a n c e m a n a g e m e n t . The tra n s fo rm a t i o n and the alignment of Fo r e i g n A f fairs with South Afri c a 's fo r e i g n policy principles occurred in three p h a s e s. The first was a cri t i c a l assessment in 1996 of the key global challenges facing South A f ri c a 's emergent foreign policy. The outcomes of the process wa s a focus on protecting and promoting South Afri c a 's national interests and va l u e s, the re-positioning of South Africa in the global env i r o nment, and the recognition of the interdependence of foreign policy with economic and security issues. A second significant deve l o p m e n t identified two broad but mu t u a l l y interdependent categori e s, namely wealth creation and securi t y. T h e third phase, commencing duri n g 2000, included as a central pri o ri t y the vision of the renewal of Afri c a , the eradication of pove rty and u n d e r d evelopment, and the deve lopment of a just and equitabl e wo rl d . As an extension of this p h a s e, during 2001, Foreign Affa i r s u n d e rtook an assessment of its capacity requirements which indicated that it was not adequately capacitated to fulfil its mandate and to achieve its vision.
The intelligence services jointly and separately provide info rm a t i o n on internal and ex t e rnal securi t y and related matters. O f f i c i a l National Intelligence Pri o ri t i e s were defined in terms of broad cate g o ri e s, such as economic and c rime intelligence or intelligence related to political developments in the region, continent and in a global contex t . These pri o rities fo rm e d the basis of their programme of wo rk and services to key clients. Since then, Intelligence has pri o ritised and honed its functions and d e l i ve ry system (part i c u l a rly its g e o graphical and thematic fo c u s) , and equipped and positioned the s e rv i c e s ' human, technical and other resources to efficiently and successfully fulfil its intelligence production requirements. S o m e p r o gress in all dimensions of the t ra n s fo rmation impera t i ve has been r e c o r d e d.
South Africa has successfully normalised its relations with the wo rl d . The country has joined all significant regional, continental and mu lt i l a t e ral institutions, and is active l y promoting its own interests (political and, economic) as well as that of Africa and the South. S o u t h A f rica has built bilateral relations with Africa, the South, and strengthened relations with the N o rt h . The indicator for this is the significant level of fo rmal diplomatic representation abroad, which includes increased defence and foreign commercial representation.
A second indicator is the nu m b e r of mu l t i l a t e ral conferences and major events which the country has hosted since 1994.T h e s e i n c l u d e : the United Nations C o n ference on Trade and D evelopment (UNCTAD) IX Summit (1996), Non-Aligned M ovement Summit (NAM) (1 9 9 8) , C o m m o n wealth Heads of G ove rnment Meeting (1999), Wo rl d AIDS Conference (2000), UN Wo rl d C o n ference Against Racism, Xenophobia and Related D i s c rimination (2001), Wo rl d Summit on Sustainabl e D evelopment (WSSD) (2002), and the African Union (AU) Summit (2 0 0 2) . South Africa has also hosted a number of hallmark sports tourn am e n t s, including:the Rugby Wo rl d Cup (1995), African Cup of Nations (1996), Athletics Wo rld Cup (1998), All Africa Games (1999) and the C ri cket Wo rld Cup (2003). T h e s e events have raised South Afri c a 's i n t e rnational profile, and have gene rally had a positive impact on the South African economy.
South Afri c a 's re-entry into the i n t e rnational arena in 1994 required that the country ex p a n d its foreign representation to count ries that had no previous relations with South Afri c a . This necessitated recruitment, capacity-bu i l d i n g , t raining and tra n s fo rming of South A f ri c a 's diplomatic corp s. The current racial demographics at fo r e i g n missions abroad has gr e a t l y i m p r oved since 1994 to reflect South Afri c a 's dive r s i t y, namely a f rican (50%), white (37%), indian (8%) and coloured (5%). R e s e a r c h r eveals that South Afri c a 's diplom a t s, given their limited resources, are functioning effe c t i ve l y.
(e. g . Justice College, South Afri c a n Management and Deve l o p m e n t I n s t i t u t e, NIA, Migration Tra i n i n g Unit in DHA, and the Fo r e i g n S e rvice Institute) should be coordinated and integrated more e f fe c t i ve l y.
Since the late-1990s, gove rn m e n t has embarked on an active imaging, b randing and marketing campaign of South Afri c a . This includes gove rnment initiative s, support for nong ove rnmental initiatives (e. g . Proudly South African campaign), hosting a number of hallmark eve n t s (major sports fe s t i vals and UN conferences), and the creation of the I n t e rnational Investment Council (IIC), the International Marke t i n g Council (IMC), and the Intern a t i o n a l Task Force on Info rmation Society and Deve l o p m e n t.
These events appear to have been i n s t rumental in accounting for the upsurge in tourism to South Afri c a , in addition to an attra c t i ve ex c h a n g e rate for tourists and perceptions of the country as being relatively safe from extremist acts. G ove rn m e n t has also promoted new fo rms of t o u rism (eco-tourism, cultura l t o u rism, adventure tourism, Wo rl d H e ritage Site tourism, confe r e n c e t o u rism and sports touri s m). T h r e e Transfrontier Pa rks have also been e s t a bl i s h e d : the Kgalagadi Transfrontier Pa rk (South Africa and B o t swana) launched in May 2000; the Great Limpopo National Pa rk (South Africa, Zimbabwe and Mozambique) launched in December 2002, and the !Ai! A i s / R i c h t e r s veld Transfrontier Pa rk b e t ween South Africa and Namibia, launched in July 2003. The increase in tourism, described below, is also reflected in the fact that the nu m b e r of international airlines serv i c i n g South Africa has increased from 53 in 1994 to 64 in 2003 with many more flights now being scheduled than in the pre-1994 peri o d.
International Tourist Arrivals centred upon personal iconograp hy, critical though this may be d u ring particular stages in the evolution of a polity. The challenge is to move towards a cultural marke ting policy as the basis for projecting South Africa as more than just a tourist destination, but as a p r ovider of a host of other goods, s e rvices and high-tech industri e s.
South Africa has demonstrated a strong commitment to promoting the interests of the African contin e n t . G ove rnment has successfully diversified and expanded South Africa's trading netwo rks and ex p o rt marke t s. A p a rt from the c o u n t ry 's traditional trading partn e r s, South Africa has deve l o p e d more ex t e n s i ve relations with South America, Asia and Afri c a . As part of its trade stra t e g y, the G ove rnment has identified a nu mber of " s t rategic part n e r " c o u n t ri e s with which to develop economic relations through bilateral Fr e e Trade Agreements (FTA s) , although it is not seeking FTA negotiations with all of them at this stage.
The W TO : SA played an important role in the launch of the n ew W TO Doha Round (which emerged with a deve l o p m e n t a l a g e n d a).
The Trade and Deve l o p m e n t C o - o p e ration Agr e e m e n t (TDCA) with the European Union, which came into effe c t on 1 Ja nu a ry 2000 (with the Wine and Spirits Agreement not yet ratified, and no agr e e m e n t on Fisheri e s).
The SADC Trade Protocol wa s signed in 1996, and subsequently there were negotiations around revised rules of ori g i n.
The new SACU Agreement wa s concluded in October 2002.
S AC U - E F TA negotiations to e s t a blish a Free Trade Area (F TA) were held in May 2003 (to be concluded in Ja nu a ry 2 0 0 5).
S ACU-US FTA negotiations s t a rted in May 2003 (to be concluded in Ja nu a ry 2005).
South Africa's investment climate and regime have undergone significant transformation and liberalisation since 1994. A number of policies and interventions have been implemented to significantly increase South Africa's attractiveness to foreign investors. Since 1994, South Africa has recorded net positive FDI inflows, although, as can be seen from the table below, foreign investment has remained relatively low and has fluctuated. FDI stock as a percentage of GDP in 2000 was distributed as follows: primary sector (28.9%), secondary sector (26.4%) and tertiary sector (45.5%).
Most FDI inflows have entered South Africa through state-leveraged deals and the privatisation of state assets. Export-oriented efficiency-seeking manufacturing investment has been actively promoted in order to generate employment, transfer skills, and stimulate innovation and exports in local firms (e.g. the automobile and components industries). South Africa is also a capital exporter as domestic companies internationalise by investing in Africa (southern Africa in particular) and offshore. Government has encouraged investment in Africa through the phased liberalisation of capital controls.
In the past ten ye a r s, South Afri c a has promoted regional integra t i o n predominantly within the context of the SADC, the SACU and the Common Monetary Area. T h e launch of NEPAD has prov i d e d much-needed long-term political direction to South Afri c a 's regional i n t e gration effo rts in Afri c a . In line with the decisions taken at the SADC Summit in Mozambique in August 1999, South Africa has supp o rted the restru c t u ring of SADC. The Regional Indicative Stra t e g i c D evelopment Programme (RISDP), one of the products of restru c t u ring, is intended to provide SADC member states with a coherent and c o m p r e h e n s i ve development agenda on social and economic policies over the next decade, with clear targets and time fra m e s. The challenge is to ensure that the RISDP is aligned with the NEPAD vision, and to build sufficient capacity within the SADC Secretariat to make it an effe c t i ve implementation agent for NEPAD and the AU. F u rt h e r m o r e, South Africa has dri ven and p r ovided technical input to establ i s h a fra m ewo rk for macro-economic c o nvergence in the region. S o u t h A f rica also co-operates with SADC in the Regional Energy Planning N e t wo rk.
South Africa played a leading role in reconstituting the Organisation of A f rican Unity (OAU) into the AU as a more effe c t i ve pan-African continental body, and in crafting and promoting the Millennium D evelopment Plan, and the New A f rica Initiative, which came together with the OMEGA Plan to make up NEPA D. N E PAD was launched as the socio-economic progra m m e of the AU at the Durban Summit in July 2001, at which South Afri c a became the first Chair of the new o r g a n i s a t i o n . One of the most i m p o rtant challenges for the AU 's future will be to ensure that the i n t e gral organs of the new AU system, part i c u l a rly the Commission; the Pa n - A f rican Pa rl i a m e n t ; t h e Peace and Security Council; t h e E c o n o m i c, Social and Cultura l Council, and the African Centra l Bank, are put into effect, and that an institutional culture is encouraged whereby the ru l e - b o u n d s t ructures are effe c t i vely used by A f rican states to advance the d evelopment of the continent.
Strong commitment to promoting the interests of the African continent mandate to ensure that the policies and practices of participating states conform to the agreed political, economic and corporate governance values, codes and standards contained in the Declaration on Democracy, Political, Economic and Corporate Governance. It is envisaged to be a system of selfassessment, constructive peer dialogue and persuasion, as well as the sharing of experiences among members.
South Africa has since 2001 sought a sustained engagement with the G8 to keep Africa and the concerns of the South on the agenda of the annual G8 deliberations. South Africa's efforts at the continental and regional level are supported by engagements with international financial institutions to shape the international financial and development architecture to become more favourable to African countries and the South. South Africa has promoted the understanding that the International Financial Architecture should promote economic advancement of developing countries, not impede it. Appropriate domestic regulation and institution-building, alongside large-scale technical and financial assistance are critical elements of ensuring net benefits from financial flows. In its capacity as Chair of the Development Committee of the World Bank, South Africa has made an important contribution to translating the Monterrey Consensus on Financing for Development and the WSSD Declaration into an international implementation framework based on constructive co-operation and mutual accountability between developing and developed countries.
Over the past decade, nearly 30 bilateral agreements have been signed with countries worldwide which provide for co-operation in the fields of materials science, manufacturing technology, biotechnology, sustainable management of the environment, exploitation of natural resources and minerals, astronomy, engineering science and advancement of technologies, medical science and public health, and mathematics and science education. During this period, South Africa also significantly leveraged its position in the multilateral S&T arena. In this regard, South Africa has played an important role in raising the profile of S&T on the SADC agenda, particularly developing the S&T component of the RISDP; developing a S&T framework for NEPAD; providing leadership in terms of integrating S&T into the agenda of the Africa, Caribbean and Pacific Group of States; and consolidating co-operation and interaction with multilateral S&T bodies. A number of important facilities/initiatives have been established or are in the process of being established with strong international participation, amongst others: the Satellite Laser Ranging System; the Southern African Large Telescope; the High-Energy Stereoscopic System Project; the HIV/AIDS Vaccine Initiative; the Technology Diffusion Programme; the Biotechnology Programme; the Square Kilometre Array Radio Telescope Initiative and the Pebble Bed Modular Reactor.
It is on the basis of its democra t i c system and emergent culture of human rights that South Africa has sought to promote intern a t i o n a l respect for human ri g h t s, democrac y, and good gove rn a n c e. G ove rnment has approached issues of human rights in concert with other African states and through mu l t i l a t e ral mechanisms such as the UN, OAU / AU and S A D C. It has also played a meaningful role in the promotion and protection of human rights on the A f rican continent through the guidance of the African Charter on Human and Pe o p l e s 'R i g h t s. T h i s s t rategy has been largely successful, although the Gove rnment has not yet ratified the Intern a t i o n a l C ovenant on Economic, Social and C u l t u ral Rights, and is well ove r d u e with the submission of reports on c e rtain human rights agr e e m e n t s, including the African Chart e r.
Since 1994, South Africa has consistently placed a premium on promoting peace, stability and securi t y (including crime management and p r evention) in Africa and the rest of the wo rl d . The country has active l y s u p p o rted the UN and sought to strengthen its mu l t i l a t e ral processes and mandate (e. g . i m p l e m e n ting UN Security Council sanctions regimes and resolutions on the combating of terrorism, refo rm of peace support opera t i o n s, and upholding the UN Chart e r). S o u t h A f rica has made a number of interventions that have generally cont ri buted to peace, stability and s e c u rity in seve ral countries on the continent and beyo n d. T h e s e include Angola, Comoros, the D e m o c ratic Republic of the Congo (DRC), Lesotho (1994 and 1998), R wanda, Burundi, Madagascar, I vo ry Coast, Ethiopia/Eri t r e a , Sudan, and East T i m o r. S o u t h A f rica was invo l ved in the diplomatic resolution of the Locke r b i e c a s e, and has assisted in a nu mber of humanitarian and relief o p e rations in the southern Afri c a n r e g i o n.
Within southern Africa, the Government has sought to promote the development of neighbouring countries, so as to consolidate and promote the comparative advantages that each country possesses. This has included active promotion of investment projects and assistance of various kinds. Further South Afri c a has also, within its means, put into actual practice the principle of debt forgiveness and provided various forms of aid across the region. It has also taken part in regional and continental initiatives to try and assist in resolving political problems.
At mu l t i l a t e ral level, South Afri c a has been actively invo l ved in the fo rmulation of the Protocol on Po l i t i c s, Defence and Security Co o p e ration, which envisages the coll e c t i ve defence and security of the r e g i o n . In this regard, the Stra t e g i c I n d i c a t i ve Plan for the O p e rationalisation of the Organ on Po l i t i c s, Defence and Security Co o p e ration has been dra f t e d . S o u t h A f rica has also been instru m e n t a l in the drafting and finalisation of the SADC Mutual Defence Pa c t . The South Africa intelligence community is invo l ved in the SADC E a rly Wa rning processes, and specifically in the establishment of a SADC Regional Early Wa rn i n g Centre and national centres in all member countri e s. D u ring May 2003, impetus was given to the creation of an African Standby Force and Military Staff C o m m i t t e e.
P r evention and Combating of Te r r o ri s m . At global level, South A f rica played an important role in the establishment of the I n t e rnational Criminal Court.
Within southern Africa, the Southern African Police Chiefs Co-operation Organisation utilised its Constitution and the Multilateral Police Co-operation Agreement to execute and sustain a number of cross-border operations. In respect of firearms, South Afri c a played a major role in the development of the SADC Protocol on Firearms and an implementation plan is being effected.
South Afri c a has contri buted to the d evelopment of a legal fra m ewo rk in respect of international co-operation to combat cri m e, domestically, regionally and intern a t i o n a l l y. Po l i c e c o - o p e ration agreements have been concluded with countries in s o u t h e rn Africa and beyo n d.
South Africa has, since 1999, assisted with post-conflict peacekeeping and has participated in p e a c e keeping missions in three A f rican countri e s, namely in E t h i o p i a / E ritrea, the DRC, and B u ru n d i . The peace mission to B u rundi was undert a ken without a c o m p r e h e n s i ve ceasefire agr e ement in place. This initiated a new approach to peace support operat i o n s. These peacekeeping missions have positively supported the political processes that are still o n g o i n g . It is believed that the like l y future areas of invo l vement on the continent will be in the arena of peace support opera t i o n s, the enhancement of regional securi t y a r ra n g e m e n t s, disaster relief and h u m a n i t a rian assistance. S o u t h A f ri c a 's ability to contri bute to these i n i t i a t i ves is limited by resource c o n s t ra i n t s, part i c u l a rly we a k n e s ses in strategic lift capability, ava i lability of the optimum number of helicopters and logistical reach. Research indicates that this will not be fully remedied by the Stra t e g i c D e fence Procurement Progra m m e.
South Africa has, since 1994, sought to contribute towards the strengthening of a democratic, transparent and rules-bound international political and economic order to advance the interests of developing countries. This has informed South Africa's position on issues of international security, the environment and trade. Multilateralism has also provided South Afri c a with a vehicle through which to advance a number of its IRPS priorities, including human rights, democracy, debt relief, peace and stability, an equitable global trading system, sustainable development, and an enhanced international response to issues of poverty, health and HIV/AIDS. South Africa has used its position within sub-global "blocs' and 'alliances" - such as the NAM and the Commonwealth - as a vehicle through which to push for the reform of bodies such as the UN, International Monetary Fund (IMF), World Bank and WTO.
South Africa has consistently sought the transformation of North-South relations (particularly on security, the environment, debt relief, market access and fairer terms of trade), while consolidating South-South collaboration and solidarity. Its strategy in transform-ing North-South relations has included an ongoing and meaningful dialogue with the North through bilateral meetings, binational commissions, engagement with the G8 countries, and a series of conferences examining mutual issues of concern such as sustainable development, AIDS and racism. South Africa has been elected to chair various South groupings, such as the NAM, UNCTAD, SADC and AU. South Africa and partner countries still face the challenge of unifying the South behind a common agenda for the reform of international organisations and improving in a meaningful way South-South co-operation.
A new alignment of co-opera t i o n b e t ween SA, Brazil and India has evo l ve d . A Tri l a t e ral Commission b e t ween the three countries has been establ i s h e d . S o u t h - S o u t h relations are not, howeve r, simply about "high politics". South Afri c a should also seek to solicit support from its Southern partners fo r N E PAD projects, part i c u l a rly where the countries of the South have unique contri butions to make.
The challenges facing the departments in the IRPS were significant given how closely they were aligned to maintaining the old Apartheid order. By thoroughly revising the mission of national security and the principles underpinning the country's international relations, and by fundamentally transforming the national institutions internally to ensure their alignment with the policies and procedures of the new democratic regime, these institutions have addressed some of the most obvious challenges.
However, like many other large institutions, they are now faced with similar challenges of improving governance, performance and accountability. The post-1994 success of the country in defining its place in the world is remarkable given the resources and capabilities available to it. The IRPS function provides evidence that the Government is able to successfully influence others in an environment where it does not have direct control.
The starting point in assessing the impact of policies and pro grammes of the democratic Government should be an appreciation that 1994 ushered in a new social order, with new objectives and detailed programmes to attain these. As earlier indicated, what characterised the status quo ante were policies meant to exclude, discriminate and brutalise.
In many instances, indicators used to assess progress post-1994 would be completely incomparable to those of pre-1994. For instance, because black people had no legitimate form of political participation before 1994, no measure of political participation would capture the quantum change post 1994. In other instances, such as with maternal mortality, the previous regime did not record data, yet in others, such as with urbanisation, large sections of the population were left out of official statis-tics. What would therefore be critical in making overall findings is only in part a comparison with the pre-1994 situation, but primarily the measure of progress or otherwise being made towards the goals outlined in the RDP.
In pursuing these goals, the State went through a number of interrelated and intersecting phases. These included the setting up v i a ble state structures including the merger of disparate entities and the protracted process to r e s t ructure the Public Service a n d va rious public entities; the fo rm a l isation of the ove rall legislative and policy fra m ewo rk for reconstru c t i o n and deve l o p m e n t ; the setting up of a new provincial and local gove rnment dispensation, and integra t i o n of gove rnment wo rk within and across all the spheres. Although all aspects of this wo rk continue in the current period, it is apparent that the emphasis is changing d e c i s i vely towards implementation.
As can be seen from the details in the previous chapter, in a number of critical areas, and in terms of overall balances, government had to make various trade-offs and take deliberate decisions on the course of action that it followed. These trade-offs related to such issues as the allocation of resources amongst competing demands on the fiscus and choices made between ensuring fiscal prudence and providing real increases in expenditure, especially for the social sector. They also concerned the balance in the allocation of resources between social and economic services during various phases of the period under review. Other choices involved actively promoting the modernisation and improvement of productivity of both the public and private sectors even though it was recognised that there would be negative implications for some of the unskilled components of the workforce. All these trade-offs and choices were made in full recognition of the risks involved, but it was the informed assessment of government that there were no viable alternatives. As is evident from the observations contained in this Review, at times government could have acted more quickly or more decisively or with better coordination or sequencing, but there is little or no evidence to suggest that it should have made alternative choices.
Reviewing the results of the different themes discussed in the previous section, it should be evident that in most instances the Government is making progress in achieving its stated objectives and most of these are the correct objectives. As will be elaborated later, the pursuit of these objectives proceeded from the premise that transformation is a protracted process, and success has, in the detail, given rise to new challenges.
From an assessment of the various themes, it can be seen that the Government's successes occur more often in areas where it has significant control and its lack of immediate success occurs more often in those areas where it may only have indirect influence. However, this distinction is not always consistent across the five themes.
In the governance and administration theme, the true dichotomy between power and influence is evident. Since 1994, considerable progress has been made to democratise and transform the State, ranging from the establishment of a Constitutional order, the creation of three spheres of government, the reconfiguration of departments and the revision of many practices and procedures. It can be argued that the architecture of the new democratic State is in place, yet in many areas of service delivery the performance of the Public Service requires much improvement.
The dichotomy between power and influence is most profound, because although the elements (the institutions, practices and procedures) over which the Government has control are in place, areas where government has less direct influence, such as with the behaviour of the civil service and interaction with civil soci-ety, are much slower to show improvement.
Changes to the demography and orientation of the civil service, and the imperative to service all South Africans in an equitable manner as distinct from the past, has meant that government as an entity has undergone a slow learning curve which has impacted on overall performance.
Related to these behavioural constraints within government are the changing relationships between government and civil society, and the ongoing contestation of roles and "competing" legitimacy claims between elected bodies and NGOs and CBOs. As will be discussed below, the impact of freedom and the provision of improved services have led to a social transition that has given rise to changes in the centres of social guidance and censure such as the family and the community, and that the fulcrum of identity, culture and mores has shifted in a transforming society and globalising world. These social changes are also impacted upon by poverty, particularly the indignity of unemployment and inability to fend for oneself and family. These issues will be discussed further below.
In the social theme, there has been a significant improvement and de-racialisation of social services.
Social the Government. However, the implementation of that policy is constrained by behaviour of officials and recipients, both of whom are variously not always amenable to effective state influence. In the delivery of pensions and other social grants, the impact of the Government has been dramatic, yet there are still significant numbers of recipients unregistered and/or poorly serviced. In education, massive improvements have been registered, reflecting also an understanding among communities of the opportunities that are opened up with learning. In health, the main indicators suggest that the impact of a significant increase in spending and a re-orientation of services are not yet fully being seen in outcomes.
There have also been notabl e a d vances in the provision of services such as electri c i t y, wa t e r and sanitation and housing. H oweve r, the level of mu n i c i p a l debt and illegal connections in some areas suggests that many c i t i zens have not yet understood their obligations with respect to p aying for such serv i c e s, besides those who genuinely cannot affo r d and those engaged in protests l i n ked to poor service delive ry. I n asset pove rt y, housing and land r e fo rm have made great impact, and it is expected that the C o m munal Land Bill will also a d vance this. Also quite striking is the impact this has had on wo m e n 's ri g h t s. H oweve r, microcredit for productive purposes and g e n e ral access to finance remain a major impediment.
In the economic theme, it is evident that the Government has made significant progress in the main areas primarily under the control of the State (such as fiscal and monetary policy, trade and industrial policy) but it has had less success in other areas (competition policy, restructuring and improving the performance of government and regulatory institutions and agrarian reform). Even where it has been successful in fiscal reform, these successes have not yet reached a few of the provinces and many municipalities.
T T Improvements Significant progress in areas primarily under the control of the State - fiscal, monetary, trade and industrial policy Success in fiscal reform have not yet reached all provinces and municipalities T Challenges Less success in areas such as competition policy, restructuring and improving the performance of govt, regulatory institutions, agrarian reform i n n ovation and R&D, restru c t u ri n g of SOEs and BEE). In those areas that depend significantly on p ri vate sector and civil society attitudes and behaviour and are only indirectly influenced by the State (investment and employment creation) it has had eve n less success.
There are, of course, externalities between these areas. For instance, over the past couple of years it is evident that the soundness of the macro-economic policy and industrial strategy is beginning to positively influence investor attitudes. Unfortunately, this change in attitude has yet to translate into significantly increased employment and consequent poverty reduction.
Though economic policy processes have been sound, one of the key limitations in the implementation of economic policy has been the cost of institution-building. Institutions such as some of the small business agencies, the National Empowerment Fund, the National Development Agency, the Umsobomvu Fund, some of the SETAs, and many local government level economic agencies have taken a great deal of time to become effective. Some key lessons are that the cost of institution building should not be underestimated, and that, where possible, new tasks should be incorporated into the work of existing successful agencies.
Economic might lead to medium-term gains, though these will have to be weighed against the costs of rationalisation.
In the JCPS theme, significant progress has been achieved in improving national security, establishing rule of law and transforming the large institutions that were previously the frontline in the defence of Apartheid. Due to the social transition, and the growth of new forms of organised crime in the post-Apartheid era, the gains in crime prevention and combating have not been as impressive.
In areas where the Government has greater control, such as the upholding of the rule of law (in the political, social and economic arenas), it has made it major gains. In some areas under its control, such as the ICJ system, progress has been slow. Despite significant efforts to ensure greater integration of the crime prevention and criminal justice system, the practices, attitudes and behaviour of particular components of the system have meant that the overall impact on crime requires improvement. Some new initiatives, which seek to bolster the social fabric and involve civil society more directly in addressing the causes of crime, show promise.
In the IRPS theme, by contra s t , most of the achievements reflect that gove rnment has made significant progress in raising the profile and influence of the nation in the i n t e rnational and regional env ironment, perhaps far beyond the capabilities and resources of the c o u n t ry. Pa rt of this success can be attri buted to ex t e rnalities flowing from other clusters, the consolidation of the Constitutional s u p r e m a c y, democracy and the rule of law, the success of tra d e s t rategies and the leadership role p l ayed by South Africans in certain international arenas. Pa rt of this success must also be due to the ex p e rience of South Afri c a 's leadership of extending the count ry 's influence and making the most of mu l t i l a t e ral institutions. H oweve r, it should be ack n ow ledged that there is a gr e a t e r emphasis of a unipolar wo rl d order which has adversely affe c ted developing countri e s ; and successes in this theme should weighed up against the difficulties the Gove rnment has had to fa c e in operating in this milieu.
I r o n i c a l l y, the areas that need more attention in this cluster gene rally invo l ve the further tra n s fo rmation, retraining and equipping of the institutions within the clust e r, all areas that should be in the control of gove rn m e n t.
The Rev i ew also sought to understand the impact of gove rn m e n t on the targeted groups - children, youth, women, people with disabilities and the aged.
In the discussion of diffe r e n t t h e m e s, there was evidence that g ove rnment was beginning to h ave an impact on the targeted gr o u p s. One of the most significant changes since 1994 is the increased participation of wo m e n in gove rn a n c e. South Africa has ensured that close to one third of political representatives in all spheres are women, ahead of the Millennium Development Ta r g e t s for Correcting Gender D i s c ri m i n a t i o n . The Public Service also demonstrates an improvement in the participation of women in management although the State has yet to achieve its targets for women and people with disabilities. In the economic t h e m e, it was evident that wo m e n were making progress in the professional and technical categori e s but were still lagging when it came to senior management.
In the social theme, evidence wa s presented to show the dra m a t i c i m p r ovements that had come to the aged and to children from social gra n t s, and with the latter, significant improvements in education and health. There is also evidence from research that whilst there were 13 disability grants per 1 000 in 1993, there are now 29 per 1 000. The racial bias that existed in 1993 no longer applies. Other evidence from the social theme indicates that health and education services are now strongly focused on women and c h i l d r e n . Indeed, South Africa has already surpassed the Millennium D evelopment Goals for Gender in E d u c a t i o n.
Housing, land redistribution and other services also show significant improvements in gender bias, although the majority still go to male-headed households. Progress has been made with regard to the employment of women in the Public Service. The most recent reports on the representivity targets indicate that the percentage of women in the public service now stands at 24%, whilst the number of employees with disabilities in the Public Service is 0.012%. However, more needs to be done to attract and retain people with disabilities in the Public Service. It is also evident that the focus on sexual crimes and the institution of special courts will ensure that women and children receive better treatment by the criminal justice system. Although the levels of such crimes has stabilised, they remain unacceptably high by international standards. In other words, there are promising trends in this regard, though the ideals of thorough-going equity are still to be attained.
To get a more precise understanding of the impact of gove rnment on the targeted gr o u p s, the results of Censuses 1996 and 2001 were analysed. Some prel i m i n a ry analysis fo l l ow s. All targeted groups would have benefited from the improvement in household services to the poor as d e s c ribed above. Women and youth pri m a rily should have been a f fected by education, income and e m p l oyment, whilst the aged would have been affected pri m a rily by income due to the ex t e n s i o n of social gra n t s. Children wo u l d p ri m a rily show improvements in education as well as the CGS fo r poor households.
Analysis for children was calculated for data falling between 0 and 19 years of age. The pri m a ry e f fect on children is the improvements in education. N a t i o n a l l y, the highest level of education of members of this group underwent a significant improvement betwe e n 1996 and 2001. The clearest indication of this is the sharp decline of 14.4% in the percentage of the group that had no schooling, as well as the double-digit increase of 11.9% in the section of the group that has some pri m a ry educ a t i o n.
The African population benefited most from this change with the proportion with no primary education falling from 28% in 1996 to 13% in 2001. The proportion of those with some primary education increased similarly from 42% in 1996 to 55% in 2001. The main areas where we would expect impact on the youth is education and employment. The analysis of the two Censuses shows that there have been remarkable improvements in education. Nationally, the highest educational level of youth increased significantly between 1996 and 2001, with especially the percentage of youth in the previously disadvantaged groups with a matric or a post-matric qualification as their highest qualification showing a strong improvement. In the case of African males, those with matric as highest qualification increased by 6.3% from 1996 to 2001 and those with a post-matric qualification by 8.3%.
While African females showed a ve ry similar increase in the case of matric (5.9%), the percentage increase in the segment with a p o s t - m a t ric qualification (2.8%) was far below the male percentage figure. In the case of coloured males, those with matri c as their highest qualification increased by 8.3% and the portion of coloured males with a p o s t - m a t ric qualification increased by 0.7%. C o l o u r e d females with a matric ex p e rienced a slightly higher increase at 10.0%, while females with a p o s t - m a t ric increased by 2.0%, again slightly higher than the coloured males. The percentage of those youth with no schooling u n d e r went a decline betwe e n 1996 and 2001.
As noted by the Statistics Council, the employment and income figures given in the Census should be read in light of the data provided in the va ri o u s Income and Expenditure Survey s (discussed further below) . B u t , g e n e ral trends seem to indicate that the positive effects of education have not yet made an impression on the labour marke t for yo u t h . The main impact of education for women is recorded a b ove (for children and yo u t h) . I n t e rms of employment, wo m e n h ave seen some slight gains although the changes have not yet changed the stru c t u ral gender legacies of Apart h e i d . The pri m a ry impact of gove rnment programmes for the aged will be in the area of income due to the provision of social gra n t s. In part i c u l a r, it can be seen that the proportion of women over 60 with no income has declined by almost 5% from 20% to 15%, and the proportion of women over 65 with no income has declined by almost 4% from 16% to 12% largely due to the increased provision of social gra n t s. It is also n o t i c e a ble that this improve m e n t is also more pronounced fo r A f rican wo m e n . H oweve r, whilst g ove rnment has made gr e a t p r o gress in extending social gra n t s, it is evident from these figures that there remains a significant proportion of people outside the social safety net.
As should be evident from the a b ove data analysis, the targeted groups have benefited pri m a ri l y from gove rnment progra m m e s that provide services (household s e rv i c e s, education and social grants) but that their position still remains precarious because of the high levels of unemploy m e n t.
In the above discussion on the nature of the State, government's performance was interpreted in terms of a framework that sought to highlight the parameters of direct state power. As far as was possible, the themes have sought to provide this assessment and link this to the relationship between outputs (policies and programmes) and outcomes.
How can these outcomes be assessed?
One approach to assessing the p e r fo rmance of gove rnment that has been used by the Human Rights Commission (HRC) and the Constitutional Court is based on a notion of ' p r o gr e s s i ve realisation'. The Constitutional Court in a nu mber of cases has sought to interpret the Gove rn m e n t 's Constitutional obligations to progr e s s i vely realise the socio-economic rights contained in sections 24, 26, 27 and 29 (1) of the Constitution (Act 108, 1996). I n their comment, the Court sought to recognise that whilst the G ove rnment has these obl i g a t i o n s, resource constraints do exist and that the Gove rnment cannot do more than the ava i l a ble resources p e rm i t . The Gove rnment is, howeve r, obliged to promote the progr e ss i ve realisation of these ri g h t s through the effe c t i ve and efficient use of ava i l a ble resources.
Assessing outputs and outcomes ernment. The HRC, in its 4th Economic and Social Rights Report, 2000/01, has used these interpretations to suggest that government may be falling short of its Constitutional obligations to progressively realise socio-economic rights. Unfortunately, the HRC has failed to indicate what an adequate rate of progress may have been, thus obviating much of its valuable assessment of delivery constraints. Much of the problem of defining progress does not lie with the HRC or Courts, but with government itself, and ultimately with the public.
Although the RDP and subsequent policy documents, Budget R ev i ew s, and State of the Nation Addresses have attempted to set out the nation's changing pri o rit i e s, these pronouncements need to be integrated and distilled into a comprehensive, coherent and co-ordinated fra m ewo rk . In the absence of such a fra m ewo rk, the R ev i ew has used composite impact indicators, and these largely present a positive picture though they also reflect we a knesses in a few areas.
In most cases, gove rnment has s h own itself capable of adapting to changing circumstances and its progress has been reflected a c c o r d i n g l y. H oweve r, in the process of conducting the R ev i ew, it became evident that South Africa is currently undergoing changes that were not anticipated in the RDP or subsequent g ove rnment policies. In the nex t s e c t i o n s, the Rev i ew will discuss a social transition that, it is b e l i eved, is more profound than a ny other in South Afri c a 's h i s t o ry.
Composite indicators are used in this section to assess progress in va rious categories of human d eve l o p m e n t . For reasons explained earl i e r, in most instances the base year used is 1 9 9 5 . As such, what is being measured is pri m a rily the p r o gress in meeting gove rn m e n t o b j e c t i ves within the democra t i c o r d e r, rather than what in effe c t would be a quantum leap betwe e n the Apartheid order and the current situation.
The first composite indicator used is the infra s t ructure index which seeks to assess the direct impact of the services that gove rn m e n t has delivered in the past nine ye a r s. This index aims to capture the changing environment in which households find thems e l ves in terms of their ability to access basic infra s t ru c t u ral services (housing, water and sanitation, electricity and telephones). G i ven the extent of service delive ry over the past nine ye a r s, this i n d ex improved approximately 24 percentage points from 0.
0.60 between 1995 and 2002. The actual value of the index is less important than the direction and magnitude of change although complete service delive ry would yield an index of 1. T h i s i m p r ovement is remark a ble give n the fact, as discussed furt h e r b e l ow, that the expected nu m b e r of unserviced households increased threefold due to the increase in number of households in this peri o d.
Because the infra s t ructure index focuses pri m a rily on hard serv i c e s, a quality of life index was created which also reflects the impact of social serv i c e s. Quality of life is a broader concept which needs to capture physical well-being and e nvironmental conditions.T h i s i n d ex includes access to health, adult functional literacy and env i r onmental quality. Again, the index s h ows a positive improve m e n t from 0.52 to 0.67, a 25 percentage point improve m e n t . A political participation index, which measures political and union part i c i p a t i o n and social trust in the institutions of the State, shows an improvement from 0.37 to 0.47 betwe e n 1995 and 2002. A social inclusion i n d ex, which measures household s t a b i l i t y, people's inclusion in socie t y, and participation in cultura l organisations shows an improvement from 0.27 to 0.36 betwe e n 1995 and 2002. These indexe s suggest that the legitimacy of the polity and the social fa b ric are i m p r oving, especially in fo rm a l i n s t i t u t i o n s.
All these indices show that the Government has made a positive impact on the lives of people over the past nine years. Not only have they greater levels of services, but their broader social and environmental conditions and democratic participation have also shown a significant change for the better. However, a related index, safety and security, which compares serious crime, prosecution and resolution rates between 1997 and 2002 shows a slight decline from 0.
0.49 (different years are used in this index relative to the others due to the availability of credible data). It is worth noting however, that the trend since 1999 (reflected in the 2000 statistics) is positive with an increase from 0.41 to 0.49, which suggests that the crime prevention initiatives described in the previous chapter are beginning to take effect.
The economic picture is also not so positive. Economic participation and preparedness show negative trends.
0.63 to 0.60. The economic preparedness index, which relates economic participation to education levels (including maths and science education) shows a small decline from 0.52 to 0.49. These two indexes suggest that the labour force is less successful in gaining employment at present, and is not yet equipped to find jobs in the future. As discussed below, given the dramatic increase in the economically active, it is to be expected that these indexes would not show an improvement. A more precise measure of the impact of government spending is the fiscal incidence analysis of social expenditure. Research has shown that spending incidence in South Africa is indeed redistributive to poorer groups and has become considerably more redistributive since the political transition. Three Lorenz curves put this into better perspective.
The Lorenz curve for pre-transfer income (in order to exclude the impact of social transfers received from the Government) has an associated Gini coefficient of 0.68.
The Lorenz curve for pre-transfer income after incorporating the effect of taxes (personal income tax, value added tax and customs and excise duties) reflects a not much lower Gini coefficient of 0.6.
The Lorenz curve for pre-transfer income minus taxes (as above) plus the value of benefits received from social spending, reflects a much decreased Gini coefficient of 0.44.
A comparison with 1993 data shows that social spending in 1993 had virtually no impact on the Gini, suggesting that this change is due to post-1994 redistributive policies. Comparisons between social spending between 1993 and 1997 suggests that there was already a significant shift in social spending to the poor. Social spending increased to R2 514, R1 947 and R1 786 respectively for quintiles one to three whilst it was reduced to R1 661 and R1 253 for quintiles four and five. Social spending increased by R573 for Africans and declined absolutely for other races. Likewise, since 1993, the increase in social spending in rural areas is three times the increase of the metropoles and double the increase of other urban areas.
This research is based on the 1997 Household Survey and has not been replicated for later years because of data problems with subsequent surveys. The PCAS has extrapolated these research findings using the 2000 Income and Expenditure Survey (IES) to make a number of simplifying assumptions. Firstly, it was assumed that household income shares per decile as reported in the 2000 IES was a fair reflection of the pre-transfer income giving a Gini of 0.57 (see table below). If the same incidence of the 1997 study is used, the 2000 household income shares are adjusted by the same percentage difference to give the pre-transfer income shares (row 2). This would then give a Gini of 0.59. Post-transfer Gini for 2002 would then be 0.35. The overall impact of social spending in 2000 is that it reduces inequality by 41%.
The importance of these findings is that gove rnment interve n t i o n s such as the provision of social s e rvices have significantly i m p r oved the quality of life of the p o p u l a t i o n . These interve n t i o n s h ave ameliorated stru c t u ra l changes of the social tra n s i t i o n which have had a negative i m p a c t.
In the preceding discussion, the impact of government policies and programmes was measured using objective indices. A complementary approach is to assess the subjective views of the public. It is therefore instructive to examine some of this public opinion in light of the discussion that preceded above.
(which measured public concerns between 1994 and 2002) and Markinor (which measures people's approval of government activ ities between 1996 and 2003) surveys show consistency with objective data. The opinion survey on social serv ices shows high levels of approva l for most and generally reflect an ove rall improvement for the 1999-2003 peri o d . P u blic approva l for we l fare grants is highest at 78%, basic service delive ry rates a 75% approval, access to land ra t e s at 63% and HIV/AIDS policies rates at 61% in 2003. For other social serv i c e s, surveys show that p e o p l e 's approval for education and health policies have been fa i rl y consistent around the 65% mark for a number of ye a r s, although there were declines in 1996, 1998/99 and 2001 in these sect o r s. Health policies have recently seen a slight drop in approval to 61% in 2003. I n t e r e s t i n g l y, publ i c a p p r oval for housing intervention of the State has improved from a low of 30% in 1996 to a high of about 64% in 2003.
These trends are also reflected in the decline of public concern since 1994 about certain Public Services. Education was a concern of 34% in 1994, but it was a concern to only 15% in 2002. Health was a concern of only 2% in 1994, and increased to 10% in 2002. This may reflect the success of recent policies. Similarly, housing has dropped as a concern from 46% to 22% over the 1994-2002 period.
Job creation Concern about...
Approval of social delivery 2003 seems to be in decline (35% in 2 0 0 2) . Other survey data seems to confirm this interp r e t a t i o n , s h owing that although people's a p p r oval of the Gove rn m e n t 's e f fo rts at crime preve n t i o n declined to a low in 1999 (about 25%) there had been a significant increase in approval by May 2003 (to 41%). By contrast, violence that was a major concern in 1994 (49%) declined to insignificance by 2002. C o r r e s p o n d i n g l y, peop l e 's approval of gove rn m e n t 's e f fo rts to control political violence rates at 67% in 2003.
These citizen perceptions, although subjective in origin and reflective of people's moods and opinion, confirm the analysis of quantitative and qualitative assessments of impact discussed above.
On the other hand, job creation that was considered the most i m p o rtant problem by 67% of the respondents in 1994 and was still considered the most important by 84% in 2002. L i kew i s e, concern s about pove rty increased from 9% in 1994 to 28% in 2002. There is an obvious connection betwe e n this and job creation. As can be seen from the quantitative data, this issue has become even more salient over time. It can be seen that concern about c rime and security started ve ry l ow (at 6% in 1994), increased d ramatically (to 65% in 1999), bu t the impact discussed above. It also suggests the idea that government approval is higher where it is has greater control (delivery of social goods and services) and less approval in those aspects where it requires a relationship of influence with civil society (as in crime, which is dependent on social behaviour). This interpretation is supported by the public opinion on economic factors that reside largely outside of government's direct control.
Approval of government policies for managing the economy has been increasing from around 45% since 1999 to 53% in 2003 but public approval for job creation policies has declined from a high of 35% in 1996 to around 26% in 2003. Since job creation in particular is largely a responsibility of the private sector, it is not surprising that government's efforts in this regard are seen in such dismal light. Interestingly, concerns about the general economy have declined from 21% in 1994 to about 7% in 2002, reflecting the success of the policies for achieving macro-economic stability.
These perceptions would suppor t the contention that government has been making a positive impact on the lives of the South African population, particularly in areas where it has a greater degree of control. Unfortunately, not all areas have seen a positive change. As noted above, job creation, which is largely beyond the control of the State, has increased and it remains the most pressing concern of the public.
Interesting new public opinion survey material on people's assessment of government performance over the past nine years since 1994, reflects public perceptions that the top two areas where government has been successful have been in creating unity amongst South Africans and in providing access to basic services. Government is perceived as having been less successful in improving the state of the economy in relation to raising the standard of living. In particular, the same respondents indicated that the overwhelming majority felt that unemployment was the major challenge for the next decade, followed by addressing health and crime problems. Significantly, poverty and the provision of services were ranked as lesser challenges in the next decade.
What are the broader social trends that South Africa has been subjected to over the past decade?
The first and most obvious social trend concerns the changes in South Africa's demography. During the period 1996 to 2001 the population of the country grew by approximately 2% per annum. This corresponds to an increase in the number of people from 40.4 million to 44.8 million, an increase of 4.4 million or 11%.
H oweve r, recent data suggests that there are 11.8 million househ o l d s, up from 9.1 million in 1996. The 2001 Census data reflects a drop from an ave rage household s i ze of 4.5 in 1996 to an ave ra g e s i ze of 3.8 in 2001. That is, a 30% increase in the number of househ o l d s, almost three times the ra t e of the population increase. Ta k i n g the drop in household size as g i ven, the impact on service delive ry is clear. Instead of having to p r ovide housing and services fo r only one million households, gove rnment has found itself having to assist almost three million househ o l d s. The implications on serv i c e d e l i ve ry are even more critical in some provinces such as Gauteng, with an ave rage of 3.1 persons per household, and less critical for others such as Eastern Cape, K waZulu-Natal and Limpopo, with an ave rage of about 4.2, above the national ave rage of 3.8. The reasons for the drop in household size are va ried and include a decline in fe rtility rates and family size, the a f fect of new gove rnment policy on h ow citizens try to access serv i c e s, e n c o u raging "unbundling", as we l l as freedom and improvement in quality of life, resulting in fewe r extended fa m i l i e s.
The second major social trend that has been affecting these i n d exes is the dramatic increase in the economically active popul a t i o n . As noted in the economic t h e m e, between 1995 and 2002, the number of people employed in South Africa gr ew by 1 600 633 net new jobs. H oweve r, during the same period, the number of unemp l oyed people gr ew by 2 361 834 according to the strict definition of u n e m p l oy m e n t . This was because the number of economically active people increased from 11 466 653 to 15 429 120, or by 3 962 467 p e o p l e. There is some discrepancy b e t ween the Census data and the Labour Force Survey (LFS) measu r e, but Statistics SA suggests that the LFS measure be used.
The economically active labour force gr ew by about 4% per ye a r although the population gr owth ra t e was around 2%. This suggests that n ew job seekers were not only young adults reaching the job market, but were also older adults who had not previously considered t h e m s e l ves part of the labour marke t . Evidence from the qualitative case-studies indicates that many of these are African women, and, of t h e s e, many are recent migra n t s from the ru ral areas.
Despite other causes of employment loss, such as industri a l r e s t ru c t u ring due to the reintegration of the South African economy into the wo rld economy, 12% more jobs were created between 1995 and 2002. H oweve r, the economically active population has increased at 35%, almost three times the rate of jobs created.
The third major trend is the changing structure of the economy. An analysis of sectoral employment patterns showed that in absolute employment all main sectors of the economy witnessed increased employment between 1995 and 2002. However, there were noticeable shifts in the sectoral allocation of employment. While most sectors showed unchanging shares of employment between 1995 and 2002, there was a clear shift of employment away from Public Services, construction, and mining and quarrying towards internal trade and finance, real estate and businesses service sectors.
In terms of Public Services and mining and quarrying, the restructuring exercise within the public sector as well as the continued pressure on the viability of mining enterprises, contributed to this declining contribution to aggregate employment. What the data also showed was that the economy's long-run prospects for expansion were in the services sector. This was particularly clear in that employment doubled over the seven-year period in the finance, real estate and business sector. This differential growth in the different sectors of the economy con tributed to the uneven growth of employment.
One of the major consequences of the change in the structure of the economy is that "two economies" persist in one country. The first is an advanced, sophisticated economy, based on skilled labour, which is becoming more globally competitive. The second is a mainly informal, marginalised, unskilled economy, populated by the unemployed and those unemployable in the formal sector. Despite the impressive gains made in the first economy, the benefits of growth have yet to reach the second economy, and with the enormity of the challenges arising from the social transition, the second economy risks falling further behind if there is no decisive government intervention.
The fo u rth major trend is m i g r a t i o n . Census data show s that in the major metropolitan a r e a s, and in some of the regional centres and small tow n s, more than 20% of the population are new m i gra n t s. This has impacted on the major urban centres of Gauteng and the We s t e rn Cape, and i nversely ru ral provinces such as the Nort h e rn Cape, the Eastern Cape and Limpopo. Along with these changes is the emergence of mainly info rmal settlements around major cities and tow n s. This has implications not only for fiscal allocations but also on the approach to spatial deve l o p m e n t : including identification of areas of potential, conc e n t rations of absolute pove rt y, i n t e rventions required in "migra t i o n feeder" communities and so on.
Furthermore, not only does this mean that at least a fifth of the population of these centres are relative newcomers with few social connections to the established population, but that there must also be a net loss in the mainly rural areas from whence the migrants have come. Given the recent receipt of the Census data, it is difficult to provide a more indepth analysis at this stage.
Both the urban influx and rural loss of migrants would have had a major impact on social relations in these areas as shown in the qualitative studies. These studies show that whilst some services are fairing better than others, particularly social grants, education and housing, the social transition under way is affecting communities differently.
Trend IV: Migration in population from these areas.
In both areas, social relations and connections to authority stru c t u r e s are under pressure and as a result, the ability of people to interact on a c o l l e c t i ve basis has been we a ke n e d . In ru ral areas, social capabilities are undermined by the loss of a ble-bodied and relatively skilled p e o p l e, and existing social netwo rks are put under pressure by p ove rty and a lack of income.
In urban areas, although in-migration may add to development potential, through the importation of economically active people, this migration risks overwhelming service delivery and employment opportunities. The new migrants do not have the same social connections and are increasingly resorting to informal networks to ensure their survival. Some ruraltraditional forms of collective organisation and exercise of authority are gaining ground, and a number of them seek to co-opt the democratic process to perpetuate these organisations. These challenges are likely to become more daunting in future depending on the tra j e c t o ry of the HIV/AIDS pandemic and other d e m o graphic changes such as declining fe rt i l i t y. The composition of the population is expected to change with the percentage of young people (0 to 19 cohort s) declining whilst the percentage of 60 and older age cohorts increases. The social, economic and political consequences of this social tra n s ition need to be fully understood and built into long-term planning.
These major social and economic changes help explain some of the negative trends reflected in the theme discussions. Because of the dramatic social transition, unemployment, and consequently poverty, have not declined significantly despite substantial government intervention. In the face of these social transformations, social cohesion and community life are adversely affected, undermining the development potential of some areas and giving rise to increased criminality in others. These problems are then reflected in lower levels of service deliver y and increasing problems in governance. In light of the magnitude of social changes brought about by the fundamental re-ordering of South African society, it should not be surprising that there has been this volatility in the social structure. Evidence from this research indicates that notwithstanding the significance of these social and economic changes, government has made significant progress towards addressing their negative effects.
We enter the Second Decade of Freedom in an uncertain global environment. This environment is characterised by a growing tendency towards global tension and unilateralism, in a world that was inching in the opposite direction. Uncertainty around issues of global terrorism and the tensions in the Middle East and the Korean Peninsula are the most immediate manifestations of the global political environment, which threaten to persist. The international outlook remains fragile, reinforced by lingering concerns around geopolitical tensions, unresolved international trade issues and the overhang of the immense US balance of payments and fiscal deficits. The global environment thus holds little immediate prospect of relief for the South African economy.
This global setting is a consequence of a unipolar wo rld, and the fact that the expected "post-Cold War dividend" has not materi a l i s e d for the majority of humanity. T h e p e riod under rev i ew saw the consolidation of globalisation, reflected in the integration of financial marke t s, a revolution in info rmation and c o m munications technology, integration of production in deve l o p e d regions of the wo rld, and massive gr owth in global trade and migrat i o n . Along with these deve l o pments has been the tendency to impose approaches that favo u r i n d u s t rialised nations in terms of, among others, macro-economic policies and trade issues.
However, at the beginning of the new millennium, some shifts in the discourse on development issues amongst the major multilateral institutions and greater popular interaction with global issues have created new opportunities for developing countries to asser t their interests. Yet, even these positive trends have recently been undermined by the emergence of global tension and a tendency towards unilateralism.
Whilst many of these developments contain seeds of Africa's continued marginalisation, opportunities do exist for the continent to mobilise within itself and across the globe for a more humane approach to its plight and that of other poor regions of the world. Among governments and citizens of developed countries, there is potential to focus attention on common objectives of humanity as outlined in the UN Millennium Declaration. South Africa, by dint of its history, its location, size of its economy on the continent, current endeavours and outlook is poised to play a critical role in this regard.
All the evidence from research suggests that government has adequately met its objectives. Given all the issues raised in the preceding sections, what is the major conclusion that can be made This can be summarised as follows?
South Africa is at the confluence of major possibilities arising out of progress that has been made in the First Decade of Freedom. The fruits of good macro-economic management are being reaped in social services; programmes for micro-economic interventions have been developed, and experience has been gained in implementing government programmes, includ ing crime prevention and improv ing the global positioning of the country.
The analysis in the themes and in the section on findings do throw up some challenging social and economic trends. In order to fully understand the challenges for the next decade, these positive trends and the challenges need to be taken into account in trying to define the trajectory for the Second Decade of Freedom. What are the "Big Ideas" in this regard?
In positing these ideas, we proceed from the premise that the fundamental objective of the country, and of state policy, is to create a united, non-racial, non-sexist and democratic society. This finds expression in the country's Constitutional framework and should increasingly find realisation in the outcome of government policies and theory and practice within all sectors of society.
Given the observations outlined above, it would seem that the major intervention required in the coming period should be directed at consolidating democracy with measures aimed at integrating all of society into a growing economy from which they can benefit. This requires a framework defining a shared destiny, better performance by the State, addressing the consequences of the social transition and improving the environment in the subcontinent.
As it was argued, for development to be successful, the State needs to be sufficiently strong to commit to encompassing long-term development objectives, in other words, for the State to assert its leadership role beyond the realm of areas under its direct control.
In the course of the Ten Year Review, it was evident that apart from the RDP, there was no such encompassing framework or broad vision. The RDP objectives remain relevant, and in terms of targets they need to be integrated with the UN Millennium Declaration which includes goals and targets to decrease poverty and hunger by half, ensure universal primary education, reduce child and maternal mortality, combat HIV/AIDS and other major diseases, ensure envi ronmental sustainability and develop a global partnership for development. The Growth and Development Summit (GDS) also committed economic role-players to undertake to reduce unemployment by half by 2014.
Should these targets be the ove r arching vision which can be distilled into a simple injunction to mobilise society; or is a diffe r e n t vision required There is ev i d e n c e from the Rev i ew process that unless such an unambiguous f ra m ewo rk is articulated, it will be difficult to achieve co-ordinated action both in gove rnment, and b e t ween gove rnment and its social p a rt n e r s. Such a fra m ewo rk wo u l d c o n t ri bute significantly to improv i n g the perfo rmance of both the fo rm a l and info rmal institutions of the S t a t e. I n t e rnal to gove rnment, such an encompassing fra m ewo rk wo u l d p r ovide the basis through which policy co-ordination and perfo rmance management could be establ i s h e d . Without a clearly art i c u l a t e d h i e ra r c hy of outcomes, it is unlike l y that gove rnment will achieve the ex t e rnalities of integrated and coordinated action across society?
The value of an encompassing framework is not limited to the formal institutions of government, but it can provide a vision and coherence to the activities of civil society. The Ten Year Review shows that the informal networks of civil society play a significant role in promoting enterprise and ensuring survival of rich and poor communities alike. Unless these activities are harnessed to the development project of the nation, they could increasingly become sites of contestation between government and civil society. The real gains that all groups in this country have experienced now provide the grounds for uniting divergent interests around some common developmental objectives.
Research commissioned for the Review suggests that civil society in South Africa is vigorous but shallow, yet the recent experience of using faith-based organisations to dramatically increase the number of recipients of CSGs, indicates there remains significant potential for enlisting the support of civil society into the nation's development project. Involving social partners and the broader civil society must go further than the mere articulation of visions and frameworks, but must, in line with agreements made at the GDS, extend to the identification of projects that involve different sectors of society in the overall development project of the nation. The central economic challenge for the next decade, to help address the negative impact of the social transition - with far-reaching social and political implications - is to ensure much higher rates of growth and employment creation. Research shows that with an average growth rate of 2.8%, net employment grows at a rate of 2.1%. This is a good coefficient in a restructuring economy. The issue is how to raise growth to higher levels, and more specifically, the rate of investment from the current 16 - 17% of GDP!
C o n t i nuing to improve the macroeconomic environment, through a more stable currency and lowe r real interest ra t e s, publ i c - p ri va t e p a rtnerships in major projects, marketing and reversing negative i nvestor perceptions, demonstra bl e success in dealing with pove rt y, reducing bu r e a u c ratic obl i g a t i o n s on employe r s, easing access to and cost of capital specially fo r small and medium firms and targeted skills development and acquisition - in bri e f, implementation of the GDS and other agr e e m e n t s among the social partners wo u l d be critical in placing the country on a higher gr owth tra j e c t o ry. The fra m ewo rk of encompassing interests should include all these i s s u e s. It is also critical in reinfo r cing the current high levels of pri d e among South Afri c a n s, in ensuring a sense of belonging and hope in the future, in improv i n g i nvestor confidence, in encoura ging v u k ' u ze n ze l e (reflected in part in the spirit of self-help, selfrespect and initiative) and in uniting the country around the campaign against HIV and AIDS. Combined with all these is the promotion of social values that accord with the spirit of cari n g and responsibility - in the contex t of education, culture and the art s and media discourse.
S e rious consideration should be g i ven to the nature of a social compact that can provide an encompassing fra m ewo rk for further deve l o p m e n t . It may also be n e c e s s a ry that beyond the need to improve the fo rmal institutions of the State, much greater attention should be given to mending and reinforcing the social fa b ri c . The first Big Idea for the nex t decade therefore is to art i c u l a t e an encompassing fra m ewo rk which not only helps better int e grate the activities of gove rnment, but also harnesses the e f fo rts of support of civil society to realise the national deve l o p m e n t o b j e c t i ve s.
The second major challenge for the next decade, arising from the conclusions of the Review, is that if the objectives of government are largely correct, then more needs to be done to achieve them. In the themes, a number of cluster specific recommendations were made on how to improve certain functions of the State. Beyond these immediate suggestions, however, the functioning of the State in its broadest institutional definition needs to be addressed.
Over the past nine years, a major new architecture of institutions has been created for the State, spanning the three spheres of government. Furthermore, many of the procedures and practices of government have been revised in line with international best practice. Significant personnel mobility has brought in new skills and motivated people, but it has also led to the loss of experience and institutional memory, especially with regard to civil servants recruited after 1994. The combined impact of these changes has meant that the formal institutions of state are still undergoing significant growing pains and face the danger of being in a permanent and debilitating state of flux.
The Rev i ew suggests that the capacity and perfo rmance of all spheres of the State need to be more critically assessed in the second decade and that national or provincial gove rnment may need to be ready to interve n e much more quickly where there is evidence of poor perfo rm a n c e. I n line with current interventions in the Eastern Cape, the national g ove rnment may have to show its strong commitment to improv i n g p e r fo rmance where institutions persistently demonstrate we a knesses of gove rn a n c e. T h i s should happen as an evo l u t i o n a ry process of creating a unifo rm P u blic Service across all three spheres unfo l d s.
The State has made significant p r o gress in recent years in i m p r oving policy co-ordination both within and across spheres of g ove rnment, but these effo rt s need to be further consolidated with greater attention being focused on implementation. N ow that the basic policy fra m ewo rk s of the democratic dispensation h ave been created, more attention can be given in all spheres to overseeing or managing the deliv-e ry process.
Research commissioned for the R ev i ew suggests that the needs of local gove rnment are most cri t ical, with the majority of mu n i c i p a lities not having the capacity, or l i kely to gain the capacity, to perfo rm their delive ry functions in f u t u r e. This means that although g ove rnment should make eve ry e f fo rt to wo rk within the current f ra m ewo rk of institutions and p ra c t i c e s, if serious capacity cons t raints persist in any agency, the G ove rnment may need to consider changing current responsibilities and stru c t u r e s, such as with the proposed National Social S e c u rity Agency.
Put diffe r e n t l y : The Constitution delegates original and concurrent p owers and functions to diffe r e n t spheres of gove rn m e n t. T h u s, in addition to certain functions u n d e rt a ken directly, national gove rnment has responsibility for the f ra m ewo rk of national policy fo r social tra n s fo rm a t i o n . Two challenges arise from this: F i r s t l y, how to ensure realisation of the fra m ewo rk of encompassing interest - a national vision - in actual pra c t i c e, given the relative a u t o n o my of each sphere of gove rnment in critical areas of social d e l i ve ry. And secondly, whether it would not be prudent to consider a s y m m e t ric allocation of responsibility where capacity exists to u n d e rt a ke functions beyond the p r ovisions of the Constitution, and i nve r s e l y, to effect necessary i n t e rventions where such capacity does not exist, even if matters h ave not reached the stage r e q u i ring invocation of Section 100 of the Constitution. This also relates to the issue of norms and standards at the level of pra c t i c a l implementation rather than just in relation to policy fra m ewo rk s.
G ove rnment would also need to promote greater participation and i n t e raction of people with the S t a t e. Since 1994, the State has p r ovided many new opport u n i t i e s for ordinary people to get invo l ve d in gove rnance ranging from wa r d c o m m i t t e e s, the IDP process, the Chapter 9 institutions, the National Economic Deve l o p m e n t and Labour Council (NEDLAC) , and management of pension funds and wo rkplace fo ru m s. Ye t , actual participation in these stru ctures and/or the capacity to take a d vantage of their existence has been limited mainly to special interest gr o u p s, and/or hindered by considerations of short - t e rm s e l f - i n t e r e s t . G ove rnment should c o n t i nue to seek new ways of e n c o u raging ordinary people to utilise their freedoms.
Related to this are the initiative s p e rtaining to project management, C o m munity Deve l o p m e n t Wo rke r s, massive expansion of the one-stop gove rnment centre (MPCC) project and Gateway.
The third major challenge for the n ext decade is to address the consequences of the social tra n s ition described above. There is ev idence of a significant tra n s fo rm ation in South African society and the economy, reflected in migration and demogra p hy, structure of the economy and character of the labour fo r c e, ave rage size of households and so on.
The National Spatial D evelopment Pe r s p e c t i ve (NSDP), which anticipated mu c h of the social transition, provides a f ra m ewo rk for gove rnment to focus its effo rts on localities that will have the greatest impact in t e rms of development and pove rty allev i a t i o n . By focusing on areas that have both economic potential (including untapped a gri c u l t u ral and other natura l resources) and high numbers of poor people, and in most cases these are the same areas, all three spheres of gove rnment will a c h i eve greater ex t e rnalities from co-ordinated action. These areas are to be found in both urban and ru ral settings, and their potential includes research and deve l o pment, high-value or labour-intens i ve mining, manu fa c t u ring or a gri c u l t u r e, tourism, commerce or p u blic ser v i c e s.
In these areas, programmes that s t i mulate economic activity have the most potential to succeed although, given the high nu m b e r s of new migrants part i c u l a rly in urban areas, gove rnment will also h ave to dramatically increase its p r ovision of basic serv i c e s, skills d evelopment and social grants to ease the tra n s i t i o n . F u rt h e r, within these areas, there will also be need to place greater emphasis on overcoming the spatial disjuncture b e t ween home and wo rk by promoting more compact designs that increase residential densities and reduce long-distance commu t i n g.
S i mu l t a n e o u s l y, the NSDP fo c u ses gove rn m e n t 's attention on those areas whose human capital and social fa b ric have become s everely depleted by pove rty and o u t - m i gra t i o n . In these areas, the NSDP advocates progra m m e s that will enhance human resource d evelopment, access to labour m a rkets and the provision of basic s e rvices and social grants to amel i o rate the worst effects of the t ra n s i t i o n . The NSDP will therefo r e assist gove rnment in dealing with the social transition by focusing its activities where it will achieve most impact. C ritical in both a r e a s, in addition to on-going economic progra m m e s, is a massive P u blic Wo rks Progra m m e. T h e challenge is to ensure that the social (and other costs) of the t ransition are ameliora t e d.
G i ven the time lags associated with improving service delive ry, g ove rnance and economic perfo rm a n c e, a high level of social d i s c o m fo rt will persist. The commitments of the GDS may be sufficient to ensure that the social and economic short falls are a d d r e s s e d . H oweve r, these commitments are unlikely to yield significant improvements without the w h o l e h e a rted support of all sectors of South African society. Related to the challenge of bu i l ding human capital and renew i n g the social fa b ric is the question of national identity and pri d e. One of the challenges of the decade will be to take nation-building furt h e r through such issues as values in education, the arts and by inculcating among all South Africans a sense of belonging. Although gove rnment has already been credited for doing much to foster a sense of unity since 1994, the u n d e rlying pressures arising from the social transition mean that much more still has to be done in the next decade.
One of South Afri c a 's chara c t e ri st i c s, not unusual in the kind of fundamental change our society is undergoing, is the fact that the political leadership in gove rn m e n t is quite distinct in terms of ra c e, c u l t u r e, back ground and life s t y l e from the economic leadership. This has had some benefit in that the political leadership is not beholden to an established "Old B oys Club". The disadvantage is that the kind of trust needed b e t ween the economic and political "elites" for high levels of i nvestment was initially missing in post-1994 South Afri c a . H oweve r, trust has gr own in recent ye a r s, facilitated by institutional innovations such as N E D L AC, the Presidential Wo rking Groups and the Business Tru s t . In addition, the BEE policy and programmes have helped develop a bl a ck bu s i n e s s class that is able to assist in building such mutual trust and c o n f i d e n c e. G ove rnment will need to build on these bridges if inve s tment and gr owth are to increase for sustainable deve l o p m e n t . I n other wo r d s, the relationship that exists with civil society among the poor needs to be augmented with broader alliances that wo u l d m a ke a social compact possible - without detracting from the fundamental objectives of policy.
Needless to say, South Africa's development is dependent on increased security and stability, democracy and economic growth and development in southern Africa and the rest of the continent. Progress in this regard will allow for rational exploitation of countries' comparative advantages, integrated utilisation of human and natural resources, bigger markets and investment opportunities across the continent and the virtuous cycle of improving perceptions.
The next decade holds the possibility for NEPAD to find practical realisation in critical projects that help lift various regions.
Zimbabwe, the DRC and Burundi. In a sense, these achievements would set the region on a high growth path, and ensure that a collective of states serve as the locomotive of the revival of the region and beyond.
Along with this, and largely dependent on it, is the challenge to put the institutions of the AU on an operational footing.
In pursuing these objective s, South A f rica will be challenged to find the a p p r o p riate balance between leadership and collective effo rt, the l o c o m o t i ve effect and the lowe s t common denominator, assert i n g with pride the fact of South Afri c a being an integral part of the continent and avoiding being defined by A f ri c a 's worst probl e m s.
Attached to this challenge are the efforts to promote multilateralism, the development of strategic relations with major countries and regions of the South, as well as ongoing efforts to strengthen relations with developed countries.
Beyond the broad challenges of the next decade described above, it is argued in the themes that government must continue with what it has started, only to do this more diligently and more vigorously than before. This synthesis closes therefore by highlighting the key challenges that arise from each of the themes.
The overriding challenge in this regard, if the country has to move to a higher trajectory of development, is employment creation and reduction in the number of citizens dependent on social welfare. At the same time, the reach and efficiency of social security need to be continually improved.
With regard to each area of endeavour, a Key Challenge is identified, so highlighted because, if urgently implemented, it would help unlock faster movement in all other areas - it would be a catalyst towards ascending to a higher trajectory of development.
Focus on practical implementation as distinct from setting out a policy framework which now exists, through the adoption of project management practices and Community Development Workers.
Improve service delivery by building the necessary institutions and initiatives.
Make use of the NSDP to focus government's attention on localities that have greatest potential for development and poverty alleviation whilst rebuilding other areas.
Improve the capacity of provincial and local government at key technical levels especially where it impinges on service delivery and financial management.
Improve accountability to, and contact with, the electorate by all levels of government.
Develop and maintain par tnerships with civil society with emphasis on practical programmes.
South Africa's development in the next decade and beyond.
6 . 2 . 1 Key challenge: M a s s i ve Public Wo rks Progra m m e, i m p r oved access to social securi t y m e a s u r e s, with better vehicles to i m p r ove service delive ry while reducing the number of citize n s dependent on gra n t s.
More efficient delivery of social grants to rural beneficiaries, the reduction of corruption and incorporation of these grants into a system of comprehensive social security.
Expanding the Public Works Programme to include both labour intensive construction and social services to address the causes and consequences of poverty.
Addressing HIV/AIDS and other emerging diseases by reducing the incidence of infection among high-risk groups, treatment of those infected and increasing access to home-based care.
4 . Matching the skills to the requirements of the economy, restru c t u ring higher education, improving the uptake and graduation from ABET p r o gra m m e s, and reducing d i s p a rities in access to education by the poor.
Meeting the increasing demand for housing and services generated by the decrease in household size between 1996 and 2001. Other challenges include obtaining land for urban housing projects in the context of spatial planning.
The development of support programmes to farmers to ensure the appropriate use of land and appropriate land-use data collection systems for planning and monitoring purposes.
Promote national identity and pride, ensuring that households develop civic responsibility, including a culture of paying for services (beyond the free basic provision) and taking responsibility for protecting the infrastructure in their communities.
Key challenge: Implement key GDS recommendation to identify sectors for urgent investment and learnerships and employing at least 5% of investible capital from relevant funds in productive activity.
Continue with prudent macro-economic policies leading to a more stable currency and lower real interest rates, and improve the public sector's investment performance.
Support focused sector strategies in key growth and employment industries, following the examples of the motor industry and the tourism sector.
Speed up the restructuring of all industries to ensure global competitiveness, low commodity prices and better access to key markets.
Increase the effectiveness of SOE restructuring though more effective managed liberalisation and stronger regulators, and strengthen the powers of the competition authorities to deal with anticompetitive practices.
Provide adequate resources to strengthen the broadbased empowerment programme, including the agrarian reform programme and micro-credit to suppor t productive enterprises.
Focus on targeted skills development and steady improvement in the education system and the functioning of the labour market.
Build on the platform of the GDS to create a sustainable growing, job-creating economy.
Ensure implementation of the Research and Development Strategy both in high-level niche areas such as fuel cell technology and issues related to immediate poverty eradication and protection of the environment.
Key challenge: Improve SAPS skills and numbers and build an efficient and integrated CJS along the whole chain, reinforcing the rule of law.
Accelerate the implementation of social programmes that will help prevent crime from taking place, including Integrated Rural Development, Urban Renewal and Moral Regeneration combined with a better physical living environment.
Enhance the capacity of the intelligence structures and the SANDF.
Improve efficiency in both ports of entry and in respect of border control.
Improve intelligence, visible policing and social partnerships, particularly in dealing with priority crimes.
Address all matters pertaining to HRD across the cluster, including the judiciary.
Key challenge: Unite the world around NEPAD's "common human values" and get locomotive countries and projects going.
Consolidate active participation status and role in the 9. international political and economic systems. 10.
Speed up transformation of all the institutions and agencies in the cluster.
Support the Peace and Security Council in its efforts to contribute to conflict prevention, conflict resolution and peacekeeping in Africa.
Promote and strengthen multilateralism at regional, continental and global levels.
Play an active and leading role in the implementation of NEPAD and the African Peer Review Mechanism.
Ensure that AU structures and programmes are implemented, operationalised and consolidated.
Pursue economic diplomacy in order to expand the country's economic links to Africa and internationally, and attract FDI.
As the custodian of the Johannesburg Outcomes, continue to play an impor tant role in leading the international sustainable development agenda. Marketing South Afri c a and Africa. Accelerate energy security by diversifying energy supply options to integrate and develop gas and renewable energy resources.
The composite indexes were created by identifying aspects of the general quality of life affecting all South Africans and measuring changes in them. To do this with any validity, the constituent parts have to be of roughly similar significance to the population. Including a measure that affects a small percentage of the population among measures that reflected more general trends would skew the index.
Composite indicators can be designed to capture particular dimensions of social change when appropriate direct measures of social change are not available. Two of the main virtues of composite measures are that they are able to reflect diverging or contradictory trends, and they are typically "robust". This robustness is an advantage when it is necessary to keep measures as simple and as transparent as possible. Such composite indices are not sensitive to small changes in trends or in definitions.
There is another advantage of composites - trends can be captured by proxy measures. The insight offered by composite indicators rests largely on the selection of the components. Very often the components are proxy measures for other data that is unavailable. For example, if a composite measure of housing conditions is required, little is gained by measuring 1) access to electricity, 2) access to piped water and 3) housing type (i.e. formal or informal). The close correlation between formal housing and access to both piped water and in-house electricity is such that housing type contributes nothing additional to the other variables. This unfortunately may give rise to the appearance that important dimensions have been omitted when instead they have been captured by proxy.
To keep these measures comparable, they had to be put on the same scale. For instance, crime rates are measured in terms of incidents per 100 000 population, and access to piped water is measured in terms of percentage of households. As the range of observed values for these diverse measures fluctuates dramatically they have to be placed on a similar scale. The scale adopted was based on a comparison of provincial rates of each index in the two time periods. That province which was ranked worst of all at either of the two time-points received a score of zero for that component. The province that had the best measure of that component in either of the two years received a score of 1. In order to achieve this, some of the components are expressed somewhat awkwardly. Instead of talking about unemployment rates we have to use the less familiar "employment rates" - which is 100 minus the percent unemployed.
After scaling all the constituent parts of the index from 0 to 1, they were then averaged to reveal an index value for the two periods in question. Thus if a province received, in any one year, the worst provincial ranking for all the constituent measures it would receive a composite score of 0. All other provinces receive a score of more than 0 and less than or equal to 1.
This title is somewhat of a misnomer as it refers to the level of services associated with housing.
weekly rubbish removal access to telecommunications access to electricity.
This index is intended to measure the quality of life beyond the mere ability to access employment and services.
Access to medical facilities indicates the degree to which people can address health issues. This is measured by the percentage of households reporting that they can access a hospital or clinic in less than an hour.
Adult functional literacy shows the increasing extent to which adults can access the opportunities associated with the ability to read. Literacy gives people the ability to follow written instruction and thereby get better access to services and facilities and other opportunities.
The percentage of people using electrical stoves reflects, largely, the proportion of households not using wood or coal fires and thereby detracting from the quality of urban air. It is a proxy measure for environmental quality.
This index measures the involvement individuals have in the wider community. Three forms of involvement were identified: political participation, trust in political structures and workplace participation.
Political involvement was measured by the proportion of eligible people voting in the two most recent local government elections. Use of the local government elections gets us away from the use of the founding election of 1994, which had anomalously high turnout.
Political approval was measured by an approval rating of the political institutions derived from Afrobarometer.
Workplace involvement is measured by the percentage of formally employed workers who belong to a trade union.
This index is used to gauge the extent to which South Africans are integrated into society as a whole.
ï¿½ Membership of cultural organisations.
The proportion of households in which the household head has a partner.
Home ownership which is used as a proxy for inclusion. There is a strong body of international literature pointing to home ownership as a prime motivator for individuals to include themselves in the community.
Both the components of this measure are well-known and need little expansion.
Employment rate reflects the proportion of the economically active population who consider themselves employed or looking for work (narrow definition). The measure thus excludes that proportion of people who are of economically active age but who have given up on seeking employment. This latter group is no longer considered economically active.
Ave rage earnings indicate the earning received by wo rke r s. To ke e p the earnings for the two periods compara bl e, the 1995 earnings have been adjusted to reflect 2002 values by multiplying them by 1.53.
This composite index attempts to capture the extent to which the population can exploit opportunities should they present themselves.
proportion of the adult population which is economically active.
average number of years schooling.
extent to which grade 11 progress to grade 12.
proportion of science and technology enrolment in higher education institutions.
This index reflects not only people's exposure to serious crime (including murder, robbery with aggravating circumstances, common robbery, rape, assault, burglary and auto theft) but also the likelihood victims will see some element of justice.
serious crime rate.
court prosecution rate.
The resolution rate.
The latter two are correlated but point to different dimensions of the security system. The prosecution rate indicated the likelihood a reported crime will end up with a suspect appearing in court. The resolution rate indicates the likelihood that suspect is convicted or acquitted.
Note that the Ten-Year Review Synthesis Report was based on five cluster reports (described in the themes). All clusters and departments contributed and commented on these cluster reports. Further sources are listed in individual cluster reports. What follows are the main sources used for both the cluster reports and the synthesis. Individual departmental submissions are not listed.
African Development Bank. Selected Statistics Handbook, 2003.
African Development Bank. African Development Report, 2003.
Ajam, T.and Carter, J. Local Government Fiscal Risk. Unpublished paper, commissioned for The Presidency.
Ajulu, R. Governing the Global Market South Africa's Engagement with Multilateral Institutions of Global Governance, Tactical Options?
Strategies and Prospects.
Aldrich, T. & Mashile, P. A.
Institute. Unpublished paper, commissioned by The Presidency.
Aliber, M. The Overall Incidence of Poverty. Unpublished paper, commissioned by The Presidency.
Altbeker, A. Justice Through Specialisation The Case of th?
Specialised Commercial Crime Court. Monograph No. 76.
Security Studies: Pretoria, 2003.
Altman, M.
South Africa.
Atkinson, D and Hemson, D An initial assessment of service delivery unpublished paper, commissioned by The Presidency.
Bhorat, H.
South Africa. Unpublished paper, commissioned by The Presidency.
Business Against Crime. Presentation. December 2002.
Business Trust. Progress Report. 2002.
CEDAW Part 2 (2002).
Discrimination Against Women. First South African Report.
Cassim, R. What Are the Limits to Growth in South Africa Unpublished paper, commissioned by The Presidency?
CEDAW Part 3 (2002). Political and Public Life. Article 7.
CEDAW Part 4 (2002). Article 12.
Central Statistics (1995). Earning and Spending in South Africa.
Selected Fnding of the Income and Expenditure Survey.
Central Statistics (1998). Women and Men in South Africa.
Centre for Policy Studies.
Its Prospects. Unpublished paper, commissioned by The Presidency.
Settlement South Africa Unpublished paper, commissioned by Th?
Retrospect. Unpublished paper, commissioned by The Presidency.
Chabane, N. and Roberts, S. A 10 Year Review of Industrial Structure and Competition Policy.
Children (2001). A Report on the State of the Nation's Children.
Commission on Restitution of Land Rights.
Commission on Gender Equality.
Commission on Gender Equality. Audit of Legislation that Discriminates on the Basis of Sex/Gender.
Media, Communications and the Arts, Political Participation.
Commission on Gender Equality. Legal Status and Capacity.
Community-Based Public Works Programme, Report 2002/2003.
CIAC. Crime statistics (1997 - 2002).
Davies, R. and van Seventer, D.
Analysis for South Africa. 1993 - 2002. Unpublished paper, commissioned for The Presidency.
Defence Secretariat (2002). Report on DOD Achievements in Support of the Police Services from 1994 to the year 2003.
Department of Correctional Services.
African Correctional System. Presentation, 2002.
Year Review and the President's State of the Nation Address., 2002.
Unpublished paper, commissioned for The Presidency.
Department of Education. Implementation Plan for Tirisano. 2002.
Tourism Developments Since 1994.
Department of Health. Annual Reports.
Department of Health.
Survey in South Africa. Summary Report.
Department of Health. Notifiable Medical Conditions.
Department of Health. South African Health Review.
Department of Health. Statistical Notes.
Department of Health. Kenyon, C. et al.
Progress and Challenges in South Africa HIV/AIDS Campaign.
Department of Health. Steyn, N.P. Priorities of the Ministry of Health.
Department of Housing. Progress Report: Impact of housing policies and programmes, 2002.
Department of Justice and Constitutional Development.
Nation Address and the Opening of Parliament during 2003, 2002.
Department of Justice Reports. 1994 - 2002.
Departments of Labour & Education, 10 -Year Review of Progress Made in the Development of Human Resources since 1994.
Department of Land Affairs. Annual Reports.
Department of Provincial and Local Government.
Department of Public Enterprises. Database on Restructuring of SOEs.
Department of Public Works. Concept Document for the Implementation of the Realigned Community-Based Public Works Programme, 1998/99.
Department of Public Works. Province of Kwazulu-Natal.
Department of Safety and Security/South African Police Service.
Department of Safety and Security.
Opening of Parliament during 2003, 2002.
Department of Social Development.
Development, 1995 - 2000, 2000.
Department of Social Development. Annual Reports.
Department of Social Development. Mothers and Fathers of the Nation.
Department of Transport. The Business Plan 1991 - 2001.
Department of Water Affairs and Forestry. Annual Reports.
Dickenson, D. Malikane, C. and Roberts, S.
Analysis of Causes of Low Growth of the South African Economy.
Unpublished paper commissioned by The Presidency.
Dube, A.
Disabilities. Unpublished paper, commissioned by The Presidency.
Durban Metro Housing. Wiggins Consolidation Research Project, 1998.
Economist Intelligence Unit. 2003.
Education, Training and Development Practices.
Energy Sector Education and Training Authority. Annual Report 2001.
Eskom Annual Report. African and Globally Competitive, 2000.
Eskom Environmental Report. Towards Sustainability, 2000.
Everatt, D. The district councils of South Africa.
Everatt, D. et al.
Community-Based Public Works Programme.
Everatt, D. Targeting Report: Department of Public Works, 1998.
FES and NHFT.
Services and the Economic Empowerment of Housing Beneficiaries.
Johannesburg, Friedrich Ebert Stiftung (FES) and National Housing Forum Trust (NHFT), 1999. Field, S. From Polecat to Leader of the South: A Review of South Africa's Foreign Policy Since 1994. Unpublished paper, commissioned by The Presidency.
Friedman, S.
Governance In South Africa. Centre for Policy Studies.
Gonzalez, X. A Brief Synopsis of Investment in South Africa.
Unpublished paper, commissioned by The Presidency.
Groenewald, C. Generations in Future Development. Unpublished paper, commissioned by The Presidency.
Hartzenburg, T.
Negotiations Since 1994.
Heese, K.
Trends. Unpublished paper, commissioned by The Presidency.
HIV/AIDS & STD. Strategic plan for South Africa, 2000 - 2005.
HSRC. Nation-Building and Reconciliation, Public Service Commission, and the Public Protector.
HSRC.
Administrative Data (draft).
HSRC. Measuring the Impact of Service Delivery - Eight Case Studies.
Huchzermeyer, M.
Africa: Four Case Studies of People-Driven Initiatives.
Department of Sociology, University of Cape Town and CSIR, 1999.
Huchzermeyer, M. Current Informal Settlement Intervention in South Africa: Four Case Studies of People Driven Initiatives. Cape Town: Department of Sociology, University of Cape Town and CSIR, 1999. Inter - Ministerial Committee for Poverty and Inequality. Summary Report.1998. Jack, V. A Decade of Black Economic Empowerment: Progress Since 1992. Unpublished paper, commissioned by The Presidency.
Jinanbai, C. et al.
Faced from Emerging and Re-emerging Diseases. Unpublished paper, commissioned by The Presidency.
Jinanbai, C. et al. The Societal Impact of HIV/AIDS. Unpublished paper, commissioned by The Presidency.
Kaya, H. et al.
Programmes in South Africa.
Kibasomba, R.
Resolution. Unpublished paper, commissioned by The Presidency.
Layman, T. IGR and Service Delivery in South Africa. Unpublished paper, commissioned by The Presidency.
Le Pere, G.
Overview - 1994 to 2002.
Le Pere, G. & Van Nieuwkerk, A. IRPS Cluster Indicators. Unpublished paper, commissioned by The Presidency.
Leggett, Louw, T. A. Maepa, T. Masuku, S. Pelser, E. Schonteich, M.
and Sekonyane, M.
Between 1994 and 2002.
Leggett, T. and Pharaoh, R.
Inequality and Crime in South Africa. Unpublished paper, commissioned by The Presidency.
Leibbrandt, M. et al.
Apartheid South Africa.
Levin, S.
Since 1994. Unpublished paper, commissioned by The Presidency.
Lund Committee Report 1996. Child and Family Support.
Mametja, D. & Reid, S. Human Resources. Department of Health.
Masiza, Z. and Ntlokonkulu, L.
Lessons From The National Cime Prevention Strategy.
Matheba, G.
Southern Africa. Unpublished paper, commissioned by The Presidency.
Matjiiiu, R.R. Rural Anti-Poverty Programme. Unpublished paper.
Mbao, M.
Continent. Unpublished paper, commissioned by The Presidency.
McCarthy, J. Hindson, V. et al.
Upgrading and Consolidation Projects.
Ministry of Home Affairs. Report, 2002.
Mthombeni, C.
Happening What Can We Do - Part 2. Unpublished paper?
Napier, M.
Two South African Settlements.
Group.
Interdepartmental Management Team To Reduce and Prevent Rape.
Presentation to Cabinet.
National Treasury . 2003 Intergovernmental Fiscal Review.
National Treasury. Budget Reviews.
National Treasury. Estimates of National Expenditure.
National Treasury. Intergovernmental Fiscal Reviews.
National Treasury. Budget Reform. Unpublished paper, commissioned by The Presidency.
Nelson Mandela Children's Fund. Annual Report, 2002.
Office on the Rights of the Child.
Olivier, M.
Pertaining to The Promotion of Human Rights Since 1994.
Onyango, D. & Skosana, Z. A Review of the Changing Composition of the SA Economy.
Onyango, D. et al.
Oranje, M.
Intergovernmental and Development: In search of connections.
2001 Census Data.
Pelser, E. J. Schnetler and Louw A.
Community Policing in The SAPS Priority Areas. Monograph No. 71.
Institute for Security Studies: Pretoria, 2002.
Poverty and Inequality in South Africa.
Executive Deputy President.
Poverty and Inequality Report 1997.
Power, D. & Robbins, D.
Systems Reform in South Africa, Department of Health.
Public Service Sector Education and Training.
Report of The Committee of The Inquiry Into a Comprehensive System of Social Security for South Africa.
Protecting The Future. Pretoria.
Schonteich, M.
Centre in Port Elizabeth. Monograph No. 75.
Studies: Pretoria, 2002.
Shaw, R. Narrative Report: Governance and Administration.
Sihlongonyane, M. SDI Report.
Smith, L. Mottiar, S. and White, F.
Water Concession In Nelspruit, South Africa.
Smith, W.
State-Owned Enterprises in South Africa Since 1994. Unpublished paper, commissioned by The Presidency.
South African Human Rights Commission.
Cultural Initiations , 2001.
Against Children. 2002.
South African Reserve Bank. Quarterly Bulletin.
Statistics South Africa, Census 1996 and 2001. Unpublished tables prepared for The Presidency.
Statistics South Africa. Income & Expenditure Sur veys (1995 & 2000), and Censuses (various issues).
Statistics South Africa.
Statistics South Africa. Measuring Poverty in South Africa.
Statistics South Africa. October Household Surveys (1995 & 2000).
Statistics South Africa. Stats in brief.
Teljeur, E. and Cassim, R.
The South African Economy.
Teljeur, E. et al. Regulatory Frameworks: Impact and Efficacy.
The Office on the Rights of the Child.
State of The Nation's Children, 2001.
Trade and Industrial Policy Strategies. Standardized Industry Database.
TRC. Summary and Guide to Contents. Final Report.
UNDP. HIV/AIDS and Human Development in South Africa.
UNDP. Social Indicator Trends.
UNFPA.
Van der Bergh, S. Poverty, Fiscal Incidence and Social Outcomes.
Van der Westhuizen, J. Beyond Mandelamania Imaging, Branding an?
Marketing South Africa.
Williams, R. The Transformation of The Defence Sector, 1992 - 2002.
Unpublished paper, commissioned by The Presidency..
Williams, R. Territorial Integrity Within The International Context.
Williams, R. 1992 - 2002.
World Bank. World Development Indicators.
Xaba, S.
Delivery. (Draft). Unpublished paper, commissioned by The Presidency.
Zalk, N. Sustainable Economic Development and Investment Promotion in South Africa. Unpublished paper, commissioned by The Presidency. Zuma, J. 2001. International Day for Disable Persons. The Presidency. Zuma, J. 2002. Closing Address at Moral Regeneration Summit, The Presidency.
The research was undertaken by a project team in the Policy Coordination and Advisory Services in the Presidency assisted by the Department of Social Development. The project was overseen by a steering group of Ministers including the Ministers of Social Development (chair), Education, Finance, Foreign Affairs, Health, Justice, Provincial and Local Government, Public Enterprises, Public Service and Administration, Trade and Industry and the Minister in the Presidency. The project outputs were reviewed by the Directors-General (DG) clusters. Individual departments in Government made direct contributions to the project outputs. Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) provided project support through the Economic and Development Policy Advisory Programme (EDAP). Other funders included the Governments of the United Kingdom (DFID), Sweden (SIDA) and Denmark (DANIDA).
<fn>GOV-ZA.11006En.2012-02-10.en.txt</fn>
Before you can vote in an election, you need to be registered on the voter's roll.
The Roll contains the details of individual voters and is an important planning tool. For example, it allows the IEC to know how many people are likely to vote in each area so that they can ensure that there are sufficient voting stations.
The Voters' Roll is also an important way of preventing electoral fraud.
You can check whether you are registered online. To do this, you will need to have your ID number. If you are registered, your Voters' Roll details will be displayed, including where you are registered. You can also phone the IEC toll-free number: 0800 11 8000 or visit your local Municipal Electoral Office to check your registration details.
<fn>GOV-ZA.110114En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.110117En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.110118En.2012-02-10.en.txt</fn>
The aim of the briefing is to share the AG's audit outcomes and performance trends, including which departments got clean audits or qualified reports; what were the problem areas identified; the root causes; and what action is needed to remedy the situation.
<fn>GOV-ZA.11012En.2012-02-10.en.txt</fn>
Before you can vote in the National or Municipal elections, you need to be registered on the voter's roll.
You can only register in the area where you are usually resident - that is where you live, or the place that you return to after a time away.
Be over 16.
Apply for registration in person.
Be a South African citizen.
Have and show a valid bar-coded identity document (ID) or valid temporary identity certificate (TIC).
You can register at the office of the Municipal Electoral Officer, during office hours.
Although you can register when you turn 16, you will only be able to vote when you turn 18.
<fn>GOV-ZA.110201En.2012-02-10.en.txt</fn>
The Director-General of the Department of Social Development, Mr Vusi Madonsela and the Heads of Social Development from all nine provinces will today, 1 February 2011, meet to discuss the Department's short and long term humanitarian response plan to families and communities affected by the floods and other natural disasters.
This is part of government's efforts to provide humanitarian and other assistance to individuals and households affected by the recent floods.
<fn>GOV-ZA.110207En.2012-02-10.en.txt</fn>
The Department of Cooperative Governance and Traditional Affairs will from Monday, 7 February 2011, lead a team of government officials from various departments on a visit by the National Disaster Management Centre (NDMC) to assess the general impact caused by the recent floods in all affected provinces.
The NDMC-led visits will cover all provinces in an effort to re-assess and verify from the NDMC and national sector department's point of view the extent of the damages incurred in particularly the 33 municipalities declared as disaster areas, and any other affected villages and towns.
The Provincial Disaster Management Centres have in the past visited the areas, provided the required support and assessed the damages in the villages, cities and town affected. Various binisters have also paid visits to areas affected by the various disasters, including the floods.
<fn>GOV-ZA.110208En.2012-02-10.en.txt</fn>
The meeting is held within the context of the strategic partnership between South Africa and the People's Republic of China which was launched on 7 January 2008.
Bilateral political co-operation between South Africa and the People's Republic of China, with particular reference to the domestic political and economic situation in both countries, strategic dialogue, South Africa-China Bi-national Commission (BNC) and the 10th Anniversary of Diplomatic Relations which was celebrated during the course of 2008.
<fn>GOV-ZA.110209En.2012-02-10.en.txt</fn>
As part of building public understanding of issues involving water management and Government's response to recent flooding in various parts of the country, the Department of Water Affairs (DWA) invites all media to a visit to the national hydrology centre at the department's head office in Pretoria.
The tour will include a presentation on dam and river monitoring, protection of infrastructure and data availability for flood management.
The DWA forms part of the National Disaster Management Centre, which is tasked with leading and coordinating a nationwide response to the recent floods that have affected communities in various parts of the country.
<fn>GOV-ZA.110214En.2012-02-10.en.txt</fn>
Following the State of the Nation Address of 10 February 2011, Government will hold Cluster Media Briefings on the implementation of the Programme of Action 2011. The briefings will take place at Imbizo Media Centre, 120 Plein Street, Cape Town.
There will be a video link-up to Room 153, Union Buildings, Pretoria.
<fn>GOV-ZA.110216En.2012-02-10.en.txt</fn>
Members of the media are invited to a media briefing by the Minister of Public Enterprises, Malusi Gigaba, where he will make a major announcement on Transnet.
NB: There will be a video link-up to Room 153, Union Buildings, Pretoria.
<fn>GOV-ZA.1102172En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.11021810551005En.2012-02-10.en.txt</fn>
The seventh national Imbizo Focus Week will take place from 7 to 13 April 2005. At least twenty Ministers and seven Deputy Ministers will participate in more than three hundred (300) events [PDF] across the country. This period will focus on strengthening government systems to accelerate service delivery as outlined in the Programme of Action.
<fn>GOV-ZA.11021En.2012-02-10.en.txt</fn>
The Voters' Roll needs to be as accurate and inclusive as possible. Voters' details must be correct. This means that the Voters' Roll needs to be continually updated.
New Voters need to be added onto the Roll. This would include anyone who reaches the age of 16, anyone who becomes a South African citizen and any South Africa citizens who haven't registered before.
Voters need to update their information, for example if you have changed your address, or if you have changed your surname because you have been married.
Names also need to be removed from the Roll. For example, people who have died (a death certificate needs to be provided).
To change your registration details, you need to go to your local Municipal Electoral Office.
<fn>GOV-ZA.11022109451001En.2012-02-10.en.txt</fn>
Museveni, one of Africa's longest serving leaders, won the polls by 68.38 percent of the vote. The opposition has described the election as a "sham."
Museveni, the ruling National Resistance Movement (NRM) candidate who was seeking a fourth re-election, has ruled the East African country since 1986.
The recent opinion polls had predicted that Museveni will win the elections with over 60 percent. In 1996, he received about 75 percent of the vote, but fell to 65 percent in 2001 and 59 percent in 2006.
Museveni's longest rival and former ally Kizza Besigye came second with 26.01 percent of the vote. This was the third time Besigye was standing against Museveni.
He challenged Museveni in 2001 and 2006 but lost both to the latter.
<fn>GOV-ZA.11022109451002En.2012-02-10.en.txt</fn>
Local and foreign media reported earlier that his father had fled the country to Brazil or Venezuela and his son had taken over as head of the country. But this was not confirmed by any Libyan official sources.
"We will fight to the last minute, until the last bullet," he said.
Seif al-Islam said Libya's parliament would convene on Monday to discuss a clear reform agenda, while the government would also raise wages.
"We will have to lay down a constitution for the country," he said, pledging to make reforms in future.
Gaddafi's son said if the situation got out of control, every Libyan has to carry arms to defend himself, because the country would have bloodshed.
<fn>GOV-ZA.11022208351003En.2012-02-10.en.txt</fn>
JBC was held during 2010.
justice as areas of cooperation.
<fn>GOV-ZA.11022212251001En.2012-02-10.en.txt</fn>
Ankara - Turkey is to send two more ships to evacuate Turkish nationals stranded in Libya, which has seen a violent crackdown on anti-government protesters demanding the removal of Libyan leader Muammar Gaddafi.
Turkey earlier sent two ferries to Libya. Officials on Tuesday said that one ship would set sail for Libya this afternoon, and the other one would leave on Wednesday.
Turkey's Ministry of Foreign Affairs has launched several initiatives for safety of Turkish citizens in Libya and their evacuation as unrest swept the north African country.
Hundreds of people have been killed in Libya since protests broke out across the North African nation a week ago.
Meanwhile, the South African Government has called on all parties involved in the anti-government protests in Libya to exercise restraint in order to prevent further loss of life.
Government has further called on all South Africans who are currently in Libya to maintain contact with its embassy in Tripoli.
Family members in South Africa may contact the Department's Consular Section on 012 351-1000 for any assistance that they may require.
<fn>GOV-ZA.110228En.2012-02-10.en.txt</fn>
The Minister of Agriculture, Forestry and Fisheries, Ms Tina Joemat-Pettersson, will brief the media on the possible outbreak of Foot and Mouth Disease.
<fn>GOV-ZA.1103082En.2012-02-10.en.txt</fn>
Members of the media are advised that the Deputy Minister of Performance Monitoring and Evaluation in the Presidency, Ms Dina Pule will visit Provincial Executive Councils.
The aim of the visits is to raise awareness about the mandate of the Department of Performance Monitoring and Evaluation as well as the role of the Deputy Minister within the Department.
<fn>GOV-ZA.110308En.2012-02-10.en.txt</fn>
else return e.innerText; } var UTF8_1ST_OF_2=0xc0 ; var UTF8_1ST_OF_3=0xe0 ; var UTF8_1ST_OF_4=0xf0 ; var UTF8_TRAIL=0x80 ; var HIGH_SURROGATE_BITS=0xD800 ; var LOW_SURROGATE_BITS=0xDC00 ; var SURROGATE_6_BIT=0xFC00 ; var SURROGATE_ID_BITS=0xF800 ; var SURROGATE_OFFSET=0x10000; function escapeProperlyCoreCore(str, bAsUrl, bForFilterQuery, bForCallback) { var strOut=""; var strByte=""; var ix=0; var strEscaped=" \"%\'&"; if (typeof(str)=="undefined") return ""; for (ix=0; ix \'&"; if (typeof(str)=="undefined") return ""; for (ix=0; ix < str.length; ix++) { var charCode=str.charCodeAt(ix); var curChar=str.charAt(ix); if(bAsUrl && (curChar=='#' || curChar=='')) { strOut+=str.substr(ix); break; } if (bForFilterQuery && curChar=='&') { strOut+=curChar; continue; } if (charCode =97 && charCode =65 && charCode =48 && charCode =32 && charCode =32 && charCode <=95) && strEscaped.indexOf(curChar) =32 && charCode <=95) && strEscaped.indexOf(curChar) < 0)) { strOut+=curChar; } else if (charCode =32 && charCode <=95) && strEscaped.indexOf(curChar) < 0)) { strOut+=curChar; } else if (charCode <=0x0f) { strOut+="%0"+charCode.toString(16).toUpperCase(); } else if (charCode =32 && charCode <=95) && strEscaped.indexOf(curChar) < 0)) { strOut+=curChar; } else if (charCode <=0x0f) { strOut+="%0"+charCode.toString(16).toUpperCase(); } else if (charCode <=0x7f) { strOut+="%"+charCode.toString(16).toUpperCase(); } } } else if (charCode > 6); strOut+="%"+strByte.toString(16).toUpperCase() ; strByte=UTF8_TRAIL | (charCode & 0x003f); strOut+="%"+strByte.toString(16).toUpperCase(); } else if ((charCode & SURROGATE_6_BIT) !=HIGH_SURROGATE_BITS) { strByte=UTF8_1ST_OF_3 | (charCode >> 12); strOut+="%"+strByte.toString(16).toUpperCase(); strByte=UTF8_TRAIL | ((charCode & 0x0fc0) >> 6); strOut+="%"+strByte.toString(16).toUpperCase(); strByte=UTF8_TRAIL | (charCode & 0x003f); strOut+="%"+strByte.toString(16).toUpperCase(); } else if (ix > 6); strOut+="%"+strByte.toString(16).toUpperCase() ?
false, false, false, false, false, false, false); function AdmBuildParam(stPattern) { var re; var i; for (i=1; i < AdmBuildParam.arguments.length; i++) { re=new RegExp("\\^"+i); stPattern=stPattern.replace(re, AdmBuildParam.arguments[i]); } return stPattern; } function IndexOfIllegalCharInUrlLeafName(strLeafName) { for(var i=0; i<strLeafName.length; i++) { var ch=strLeafName.charCodeAt(i); if(strLeafName.charAt(i)=='.' && (i==0 || i==(strLeafName.length-1))) return i; if(ch 0) { strNew+=str.substr(iQues); } str=strNew; } return escapeProperlyCoreCore(str, true, false, true); } function PageUrlValidation(url) { if (url.substr(0, 4) !="http" && url.substr(0,1) !="/") { var L_InvalidPageUrl_Text="Invalid page URL: "; alert(L_InvalidPageUrl_Text); return ""; } else return url; } function DeferCall() { if (arguments.length==0) return null; var args=arguments; var fn=null; if (browseris.ie5up || browseris.nav6up) { eval("if (typeof("+args[0]+")=='function') { fn="+args[0]+"; }"); } if (fn==null) return null; if (args.length==1) return fn(); else if (args.length==2) return fn(args[1]); else if (args.length==3) return fn(args[1], args[2]); else if (args.length==4) return fn(args[1], args[2], args[3]); else if (args.length==5) return fn(args[1], args[2], args[3], args[4]); else if (args.length==6) return fn(args[1], args[2], args[3], args[4], args[5]); else if (args.length==7) return fn(args[1], args[2], args[3], args[4], args[5], args[6]); else if (args.length==8) return fn(args[1], args[2], args[3], args[4], args[5], args[6], args[7]); else if (args.length==9) return fn(args[1], args[2], args[3], args[4], args[5], args[6], args[7], args[8]); else if (args.length==10) return fn(args[1], args[2], args[3], args[4], args[5], args[6], args[7], args[8], args[9]); else { var L_TooManyDefers_Text="Too many arguments passed to DeferCall"; alert(L_TooManyDefers_Text); } return null; } var L_ContainIllegalChar_Text="^1 contains illegal character \'^2\'."; var typeof(source. MessagePrefix)=="string") { strMessagePrefix=source. MessagePrefix; } else { strMessagePrefix=source.id; } var i=IndexOfIllegalCharInUrlPath(args. Value); if(i >=0) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalChar_Text, strMessagePrefix, args. Value.charAt(i)); } args. IsValid=false; } else if(UrlContainsIllegalStrings(args. Value)) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalString_Text, strMessagePrefix); } args. IsValid=false; } else { args. IsValid=true; } } function IsCheckBoxListSelected(checkboxlist) { if(checkboxlist==null) return false; var len=checkboxlist.length ; if (len==null) { return checkboxlist.checked; } else { for (var i=0; i =0 || strPath.indexOf("//") >=0 || strPath.indexOf("./") >=0 || strPath.indexOf("/.") >=0 || strPath.indexOf(".")==0 || strPath.lastIndexOf(".")==(strPath.length-1)) { return true; } return false; } function UrlLeafNameValidate(source, args) { var strMessagePrefix=""; if(typeof(source. MessagePrefix)=="string") { strMessagePrefix=source. MessagePrefix; } else { strMessagePrefix=source.id; } var i=IndexOfIllegalCharInUrlLeafName(args. Value); if(i >=0) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalChar_Text, strMessagePrefix, args. Value.charAt(i)); } args. IsValid=false; } else if(UrlContainsIllegalStrings(args. Value)) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalString_Text, strMessagePrefix); } args. IsValid=false; } else { args. IsValid=true; } } function UrlPathValidate(source, args) { var strMessagePrefix=""; if(typeof(source. MessagePrefix)=="string") { strMessagePrefix=source. MessagePrefix; } else { strMessagePrefix=source.id; } var i=IndexOfIllegalCharInUrlPath(args. Value); if(i >=0) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalChar_Text, strMessagePrefix, args. Value.charAt(i)); } args. IsValid=false; } else if(UrlContainsIllegalStrings(args. Value)) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalString_Text, strMessagePrefix); } args. IsValid=false; } else { args. IsValid=true; } } function IsCheckBoxListSelected(checkboxlist) { if(checkboxlist==null) return false; var len=checkboxlist.length ; if (len==null) { return checkboxlist.checked; } else { for (var i=0; i < len ; i++) { if (checkboxlist[i].checked) { return true; } } } return false; } function STSValidatorEnable(val, bEnable, bSilent) { var objVal=document.getElementById(val); if (objVal==null) return; if (bSilent==true || (objVal.getAttribute("AlwaysEnableSilent")==true)) { objVal.enabled=(bEnable==true); } else { ValidatorEnable(objVal, bEnable); } } function encodeScriptQuote(str) { var strOut=""; var ix=0; for (ix=0; ix =0 || strPath.indexOf("//") >=0 || strPath.indexOf("./") >=0 || strPath.indexOf("/.") >=0 || strPath.indexOf(".")==0 || strPath.lastIndexOf(".")==(strPath.length-1)) { return true; } return false; } function UrlLeafNameValidate(source, args) { var strMessagePrefix=""; if(typeof(source. MessagePrefix)=="string") { strMessagePrefix=source. MessagePrefix; } else { strMessagePrefix=source.id; } var i=IndexOfIllegalCharInUrlLeafName(args. Value); if(i >=0) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalChar_Text, strMessagePrefix, args. Value.charAt(i)); } args. IsValid=false; } else if(UrlContainsIllegalStrings(args. Value)) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalString_Text, strMessagePrefix); } args. IsValid=false; } else { args. IsValid=true; } } function UrlPathValidate(source, args) { var strMessagePrefix=""; if(typeof(source. MessagePrefix)=="string") { strMessagePrefix=source. MessagePrefix; } else { strMessagePrefix=source.id; } var i=IndexOfIllegalCharInUrlPath(args. Value); if(i >=0) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalChar_Text, strMessagePrefix, args. Value.charAt(i)); } args. IsValid=false; } else if(UrlContainsIllegalStrings(args. Value)) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalString_Text, strMessagePrefix); } args. IsValid=false; } else { args. IsValid=true; } } function IsCheckBoxListSelected(checkboxlist) { if(checkboxlist==null) return false; var len=checkboxlist.length ; if (len==null) { return checkboxlist.checked; } else { for (var i=0; i < len ; i++) { if (checkboxlist[i].checked) { return true; } } } return false; } function STSValidatorEnable(val, bEnable, bSilent) { var objVal=document.getElementById(val); if (objVal==null) return; if (bSilent==true || (objVal.getAttribute("AlwaysEnableSilent")==true)) { objVal.enabled=(bEnable==true); } else { ValidatorEnable(objVal, bEnable); } } function encodeScriptQuote(str) { var strOut=""; var ix=0; for (ix=0; ix < str.length; ix++) { var ch=str.charAt(ix); if (ch=='\'') strOut+="%27"; else strOut+=ch; } return strOut; } function STSHtmlEncode(str) { var strOut=""; var ix=0; for (ix=0; ix =0 || strPath.indexOf("//") >=0 || strPath.indexOf("./") >=0 || strPath.indexOf("/.") >=0 || strPath.indexOf(".")==0 || strPath.lastIndexOf(".")==(strPath.length-1)) { return true; } return false; } function UrlLeafNameValidate(source, args) { var strMessagePrefix=""; if(typeof(source. MessagePrefix)=="string") { strMessagePrefix=source. MessagePrefix; } else { strMessagePrefix=source.id; } var i=IndexOfIllegalCharInUrlLeafName(args. Value); if(i >=0) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalChar_Text, strMessagePrefix, args. Value.charAt(i)); } args. IsValid=false; } else if(UrlContainsIllegalStrings(args. Value)) { if(typeof(source.
source.errormessage=AdmBuildParam(L_ContainIllegalString_Text, strMessagePrefix); } args. IsValid=false; } else { args. IsValid=true; } } function UrlPathValidate(source, args) { var strMessagePrefix=""; if(typeof(source. MessagePrefix)=="string") { strMessagePrefix=source. MessagePrefix; } else { strMessagePrefix=source.id; } var i=IndexOfIllegalCharInUrlPath(args. Value); if(i >=0) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalChar_Text, strMessagePrefix, args. Value.charAt(i)); } args. IsValid=false; } else if(UrlContainsIllegalStrings(args. Value)) { if(typeof(source.errormessage)=="string") { source.errormessage=AdmBuildParam(L_ContainIllegalString_Text, strMessagePrefix); } args. IsValid=false; } else { args. IsValid=true; } } function IsCheckBoxListSelected(checkboxlist) { if(checkboxlist==null) return false; var len=checkboxlist.length ; if (len==null) { return checkboxlist.checked; } else { for (var i=0; i < len ; i++) { if (checkboxlist[i].checked) { return true; } } } return false; } function STSValidatorEnable(val, bEnable, bSilent) { var objVal=document.getElementById(val); if (objVal==null) return; if (bSilent==true || (objVal.getAttribute("AlwaysEnableSilent")==true)) { objVal.enabled=(bEnable==true); } else { ValidatorEnable(objVal, bEnable); } } function encodeScriptQuote(str) { var strOut=""; var ix=0; for (ix=0; ix < str.length; ix++) { var ch=str.charAt(ix); if (ch=='\'') strOut+="%27"; else strOut+=ch; } return strOut; } function STSHtmlEncode(str) { var strOut=""; var ix=0; for (ix=0; ix < str.length; ix++) { var ch=str.charAt(ix); switch (ch) { case '<': strOut+="<"; break; case '>': strOut+=">"; break; case '&': strOut+="&"; break; case '\"': strOut+="""; break; case '\'': strOut+="'"; break; default: strOut+=ch; break; } } return strOut; } function StAttrQuote(st) { st=st.toString(); st=st.replace(/&/g, '&'); st=st.replace(/\"/g, '"'); // " st=st.
function STSScriptEncode(str) { var strOut=""; var ix=0; for (ix=0; ix 0x0fff) { strOut+=("\\u"+charCode.toString(16).toUpperCase()); } else if (charCode > 0x00ff) { strOut+=("\\u0"+charCode.toString(16).toUpperCase()); } else if (charCode > 0x007f) { strOut+=("\\u00"+charCode.toString(16).toUpperCase()); } else { switch (str.charAt(ix)) { case '\n': strOut+="\\n"; break; case '\r': strOut+="\\r"; break; case '\"': strOut+="\\u0022"; break; case '%': strOut+="\\u0025"; break; case '&': strOut+="\\u0026"; break; case '\'': strOut+="\\u0027"; break; case '(': strOut+="\\u0028"; break; case ')': strOut+="\\u0029"; break; case '+': strOut+="\\u002b"; break; case '/': strOut+="\\u002f"; break; case ' 0x0fff) { strOut+=("\\u"+charCode.toString(16).toUpperCase()); } else if (charCode > 0x00ff) { strOut+=("\\u0"+charCode.toString(16).toUpperCase()); } else if (charCode > 0x007f) { strOut+=("\\u00"+charCode.toString(16).toUpperCase()); } else { switch (str.charAt(ix)) { case '\n': strOut+="\\n"; break; case '\r': strOut+="\\r"; break; case '\"': strOut+="\\u0022"; break; case '%': strOut+="\\u0025"; break; case '&': strOut+="\\u0026"; break; case '\'': strOut+="\\u0027"; break; case '(': strOut+="\\u0028"; break; case ')': strOut+="\\u0029"; break; case '+': strOut+="\\u002b"; break; case '/': strOut+="\\u002f"; break; case '<': strOut+="\\u003c"; break; case '>': strOut+="\\u003e"; break; case '\\': strOut+="\\\\"; break; default: strOut+=str.charAt(ix); }; } } return strOut; } function STSScriptEncodeWithQuote(str) { return '"'+STSScriptEncode(str)+'"'; } var SPOnError_cachedOriginalOnError=window.onerror; var L_PleaseWaitForScripts_Text="Please wait while scripts are loaded"; var g_pageLoadComplete=false; var previousRSChange=''; if (document.onreadystatechange !=null) { previousRSChange=document.onreadystatechange; } document.onreadystatechange=setLoadComplete; function setLoadComplete() { if(previousRSChange !=null && previousRSChange !
function IsAccessibilityFeatureEnabled() { return GetCookie("WSS_AccessibilityFeature")=="true"; } function escapeForSync(str) { var strOut=""; var ix=0; var bDoingUnicode=0; var strSyncEscaped="\\&|[]"; for (ix=0; ix 1) return unescapeProperly(aCrumb[1]); else return null; } } return null; } function IsAccessibilityFeatureEnabled() { return GetCookie("WSS_AccessibilityFeature")=="true"; } function escapeForSync(str) { var strOut=""; var ix=0; var bDoingUnicode=0; var strSyncEscaped="\\&|[]"; for (ix=0; ix < str.length; ix++) { var charCode=str.charCodeAt(ix); var curChar=str.charAt(ix); if (bDoingUnicode && charCode 0x7f) { strOut+="["; bDoingUnicode=1; } if(strSyncEscaped.indexOf(curChar) >=0) strOut+="|"; if ((charCode >=97 && charCode =65 && charCode =48 && charCode =48 && charCode <=57)) { strOut+=curChar; } else if (charCode =48 && charCode <=57)) { strOut+=curChar; } else if (charCode <=0x0f) { strOut+="%0"+charCode.toString(16).toUpperCase(); } else if (charCode =48 && charCode <=57)) { strOut+=curChar; } else if (charCode <=0x0f) { strOut+="%0"+charCode.toString(16).toUpperCase(); } else if (charCode <=0x7f) { strOut+="%"+charCode.toString(16).toUpperCase(); } else if (charCode =48 && charCode <=57)) { strOut+=curChar; } else if (charCode <=0x0f) { strOut+="%0"+charCode.toString(16).toUpperCase(); } else if (charCode <=0x7f) { strOut+="%"+charCode.toString(16).toUpperCase(); } else if (charCode <=0x00ff) { strOut+="00"+charCode.toString(16).toUpperCase(); } else if (charCode =48 && charCode <=57)) { strOut+=curChar; } else if (charCode <=0x0f) { strOut+="%0"+charCode.toString(16).toUpperCase(); } else if (charCode <=0x7f) { strOut+="%"+charCode.toString(16).toUpperCase(); } else if (charCode <=0x00ff) { strOut+="00"+charCode.toString(16).toUpperCase(); } else if (charCode <=0x0fff) { strOut+="0"+charCode.toString(16).toUpperCase(); } else { strOut+=charCode.toString(16).toUpperCase(); } } if (bDoingUnicode) strOut+="]"; return strOut; } var g_rgdwchMinEncoded=new Array([ 0x00000000, 0x00000080, 0x00000800, 0x00010000, 0x00200000, 0x04000000, 0x80000000 ]); function Vutf8ToUnicode(rgBytes) { var ix=0; var strResult=""; var dwch, wch, uch; var nTrailBytes, nTrailBytesOrig; while (ix =48 && charCode <=57)) { strOut+=curChar; } else if (charCode <=0x0f) { strOut+="%0"+charCode.toString(16).toUpperCase(); } else if (charCode <=0x7f) { strOut+="%"+charCode.toString(16).toUpperCase(); } else if (charCode <=0x00ff) { strOut+="00"+charCode.toString(16).toUpperCase(); } else if (charCode <=0x0fff) { strOut+="0"+charCode.toString(16).toUpperCase(); } else { strOut+=charCode.toString(16).toUpperCase(); } } if (bDoingUnicode) strOut+="]"; return strOut; } var g_rgdwchMinEncoded=new Array([ 0x00000000, 0x00000080, 0x00000800, 0x00010000, 0x00200000, 0x04000000, 0x80000000 ]); function Vutf8ToUnicode(rgBytes) { var ix=0; var strResult=""; var dwch, wch, uch; var nTrailBytes, nTrailBytesOrig; while (ix < rgBytes.length) { if (rgBytes[ix] >> (2+nTrailBytes)); while (nTrailBytes && (ix >> (2+nTrailBytes)); while (nTrailBytes && (ix < rgBytes.length)) { --nTrailBytes; uch=rgBytes[ix++]; if (uch==0) { return strResult; } if ((uch & 0xC0) !=0x80) { strResult+=''; break; } dwch=(dwch >> (2+nTrailBytes)); while (nTrailBytes && (ix < rgBytes.length)) { --nTrailBytes; uch=rgBytes[ix++]; if (uch==0) { return strResult; } if ((uch & 0xC0) !=0x80) { strResult+=''; break; } dwch=(dwch <>> (2+nTrailBytes)); while (nTrailBytes && (ix < rgBytes.length)) { --nTrailBytes; uch=rgBytes[ix++]; if (uch==0) { return strResult; } if ((uch & 0xC0) !=0x80) { strResult+=''; break; } dwch=(dwch << 6) | ((uch) & 0x003f); } if (nTrailBytes) { strResult+=''; break; } if (dwch >> (2+nTrailBytes)); while (nTrailBytes && (ix < rgBytes.length)) { --nTrailBytes; uch=rgBytes[ix++]; if (uch==0) { return strResult; } if ((uch & 0xC0) !=0x80) { strResult+=''; break; } dwch=(dwch << 6) | ((uch) & 0x003f); } if (nTrailBytes) { strResult+=''; break; ?
if (dwch < g_rgdwchMinEncoded[nTrailBytesOrig]) { strResult+=''; break; } else if (dwch >> (2+nTrailBytes)); while (nTrailBytes && (ix < rgBytes.length)) { --nTrailBytes; uch=rgBytes[ix++]; if (uch==0) { return strResult; } if ((uch & 0xC0) !=0x80) { strResult+=''; break; } dwch=(dwch << 6) | ((uch) & 0x003f); } if (nTrailBytes) { strResult+=''; break; } if (dwch < g_rgdwchMinEncoded[nTrailBytesOrig]) { strResult+=''; break; } else if (dwch <=0xffff) { strResult+=String.fromCharCode(dwch); } else if (dwch >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var ixUTF8Bytes=0; var hexString, hexCode; while (ix >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var ixUTF8Bytes=0; var hexString, hexCode; while (ix < str.length) { if (str.charAt(ix)=='%') { if (str.charAt(++ix)=='u') { hexString=""; for (ixEntity=0; ixEntity >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var ixUTF8Bytes=0; var hexString, hexCode; while (ix < str.length) { if (str.charAt(ix)=='%') { if (str.charAt(++ix)=='u') { hexString=""; for (ixEntity=0; ixEntity < 4 && ix >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var ixUTF8Bytes=0; var hexString, hexCode; while (ix < str.length) { if (str.charAt(ix)=='%') { if (str.charAt(++ix)=='u') { hexString=""; for (ixEntity=0; ixEntity < 4 && ix < str.length;++ixEntity) { hexString+=str.charAt(++ix); } while (hexString.length < 4) { hexString+='0'; } hexCode=parseInt(hexString, 16); if (isNaN(hexCode)) { strResult+=''; } else { strResult+=String.fromCharCode(hexCode); } } else { hexString=""; for (ixEntity=0; ixEntity < 2 && ix < str.length;++ixEntity) { hexString+=str.charAt(ix++); } while (hexString.length >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var ixUTF8Bytes=0; var hexString, hexCode; while (ix < str.length) { if (str.charAt(ix)=='%') { if (str.charAt(++ix)=='u') { hexString=""; for (ixEntity=0; ixEntity < 4 && ix < str.length;++ixEntity) { hexString+=str.charAt(++ix); } while (hexString.length < 4) { hexString+='0'; } hexCode=parseInt(hexString, 16); if (isNaN(hexCode)) { strResult+=''; } else { strResult+=String.fromCharCode(hexCode); } } else { hexString=""; for (ixEntity=0; ixEntity < 2 && ix < str.length;++ixEntity) { hexString+=str.charAt(ix++); } while (hexString.length < 2) { hexString+='0'; } hexCode=parseInt(hexString, 16); if (isNaN(hexCode)) { if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } strResult+=''; } else { rgUTF8Bytes[ixUTF8Bytes++]=hexCode; } } } else { if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } strResult+=str.charAt(ix++); } } if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } return strResult; } function unescapeProperly(str) { var strResult=null; if ((browseris.ie55up || browseris.nav6up) &?
(typeof(decodeURIComponent) !="undefined")) { strResult=decodeURIComponent(str); } else { strResult=unescapeProperlyInternal(str); } return strResult; } function navigateMailToLink(strUrl, strUrlNew) { if (strUrlNew) { return navigateMailToLinkNew(strUrlNew); } var strEncoded=""; for (ix=0; ix >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var ixUTF8Bytes=0; var hexString, hexCode; while (ix < str.length) { if (str.charAt(ix)=='%') { if (str.charAt(++ix)=='u') { hexString=""; for (ixEntity=0; ixEntity < 4 && ix < str.length;++ixEntity) { hexString+=str.charAt(++ix); } while (hexString.length < 4) { hexString+='0'; } hexCode=parseInt(hexString, 16); if (isNaN(hexCode)) { strResult+=''; } else { strResult+=String.fromCharCode(hexCode); } } else { hexString=""; for (ixEntity=0; ixEntity < 2 && ix < str.length;++ixEntity) { hexString+=str.charAt(ix++); } while (hexString.length < 2) { hexString+='0'; } hexCode=parseInt(hexString, 16); if (isNaN(hexCode)) { if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } strResult+=''; } else { rgUTF8Bytes[ixUTF8Bytes++]=hexCode; } } } else { if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } strResult+=str.charAt(ix++); } } if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } return strResult; } function unescapeProperly(str) { var strResult=null; if ((browseris.ie55up || browseris.nav6up) && (typeof(decodeURIComponent) !="undefined")) { strResult=decodeURIComponent(str); } else { strResult=unescapeProperlyInternal(str); } return strResult; } function navigateMailToLink(strUrl, strUrlNew) { if (strUrlNew) { return navigateMailToLinkNew(strUrlNew); } var strEncoded=""; for (ix=0; ix < strUrl.length; ix++) { var curChar=strUrl.charAt(ix); var strHexCode; var strHexCodeL; if (curChar=='%') { strHexCode=strUrl.charAt(ix+1); strHexCode+=strUrl.charAt(ix+2); strHexCodeL=strHexCode.toLowerCase(); if (strHexCodeL=="3a" || strHexCodeL=="2f" || strHexCodeL=="2e" || strHexCodeL=="2d" || strHexCodeL=="3d") { strEncoded+=curChar; } else { strEncoded+=curChar; strEncoded+="25"; } } else { strEncoded+=curChar; } } window.location=strEncoded; } function navigateMailToLinkNew(strBody) { window.location='mailto:body='+escapeProperly(strBody); } function newBlogPostOnClient(strProviderId, strBlogUrl, strBlogName) { var stsOpen; var fRet; stsOpen=StsOpenEnsureEx("SharePoint. OpenDocuments.3"); if (stsOpen==null) { alert(L_NewBlogPost_Text); return; } try { fRet=stsOpen. NewBlogPost(strProviderId, strBlogUrl, strBlogName); } catch (e) { alert(L_NewBlogPostFailed_Text); } } function GetUrlFromWebUrlAndWebRelativeUrl(webUrl, webRelativeUrl) { var retUrl=(webUrl==null || webUrl.length >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var ixUTF8Bytes=0; var hexString, hexCode; while (ix < str.length) { if (str.charAt(ix)=='%') { if (str.charAt(++ix)=='u') { hexString=""; for (ixEntity=0; ixEntity < 4 && ix < str.length;++ixEntity) { hexString+=str.charAt(++ix); } while (hexString.length < 4) { hexString+='0'; } hexCode=parseInt(hexString, 16); if (isNaN(hexCode)) { strResult+=''; } else { strResult+=String.fromCharCode(hexCode); } } else { hexString=""; for (ixEntity=0; ixEntity < 2 && ix < str.length;++ixEntity) { hexString+=str.charAt(ix++); } while (hexString.length < 2) { hexString+='0'; } hexCode=parseInt(hexString, 16); if (isNaN(hexCode)) { if (ixUTF8Bytes) ?
strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } strResult+=''; } else { rgUTF8Bytes[ixUTF8Bytes++]=hexCode; } } } else { if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } strResult+=str.charAt(ix++); } } if (ixUTF8Bytes) { strResult+=Vutf8ToUnicode(rgUTF8Bytes); ixUTF8Bytes=0; rgUTF8Bytes.length=ixUTF8Bytes; } return strResult; } function unescapeProperly(str) { var strResult=null; if ((browseris.ie55up || browseris.nav6up) && (typeof(decodeURIComponent) !="undefined")) { strResult=decodeURIComponent(str); } else { strResult=unescapeProperlyInternal(str); } return strResult; } function navigateMailToLink(strUrl, strUrlNew) { if (strUrlNew) { return navigateMailToLinkNew(strUrlNew); } var strEncoded=""; for (ix=0; ix < strUrl.length; ix++) { var curChar=strUrl.charAt(ix); var strHexCode; var strHexCodeL; if (curChar=='%') { strHexCode=strUrl.charAt(ix+1); strHexCode+=strUrl.charAt(ix+2); strHexCodeL=strHexCode.toLowerCase(); if (strHexCodeL=="3a" || strHexCodeL=="2f" || strHexCodeL=="2e" || strHexCodeL=="2d" || strHexCodeL=="3d") { strEncoded+=curChar; } else { strEncoded+=curChar; strEncoded+="25"; } } else { strEncoded+=curChar; } } window.location=strEncoded; } function navigateMailToLinkNew(strBody) { window.location='mailto:body='+escapeProperly(strBody); } function newBlogPostOnClient(strProviderId, strBlogUrl, strBlogName) { var stsOpen; var fRet; stsOpen=StsOpenEnsureEx("SharePoint. OpenDocuments.3"); if (stsOpen==null) { alert(L_NewBlogPost_Text); return; } try { fRet=stsOpen. NewBlogPost(strProviderId, strBlogUrl, strBlogName); } catch (e) { alert(L_NewBlogPostFailed_Text); } } function GetUrlFromWebUrlAndWebRelativeUrl(webUrl, webRelativeUrl) { var retUrl=(webUrl==null || webUrl.length <=0) "/" : webUrl; if (retUrl.charAt(retUrl.length - 1) !="/") { retUrl+="/"; } retUrl+=webRelativeUrl; return retUrl; } var g_updateFormDigestPageLoaded=new Date()?
ix < strUrl.length; ix++) { var curChar=strUrl.charAt(ix); var strHexCode; var strHexCodeL; if (curChar=='%') { strHexCode=strUrl.charAt(ix+1); strHexCode+=strUrl.charAt(ix+2); strHexCodeL=strHexCode.toLowerCase(); if (strHexCodeL=="3a" || strHexCodeL=="2f" || strHexCodeL=="2e" || strHexCodeL=="2d" || strHexCodeL=="3d") { strEncoded+=curChar; } else { strEncoded+=curChar; strEncoded+="25"; } } else { strEncoded+=curChar; } } window.location=strEncoded; } function navigateMailToLinkNew(strBody) { window.location='mailto:body='+escapeProperly(strBody); } function newBlogPostOnClient(strProviderId, strBlogUrl, strBlogName) { var stsOpen; var fRet; stsOpen=StsOpenEnsureEx("SharePoint. OpenDocuments.3"); if (stsOpen==null) { alert(L_NewBlogPost_Text); return; } try { fRet=stsOpen. NewBlogPost(strProviderId, strBlogUrl, strBlogName); } catch (e) { alert(L_NewBlogPostFailed_Text); } } function GetUrlFromWebUrlAndWebRelativeUrl(webUrl, webRelativeUrl) { var retUrl=(webUrl==null || webUrl.length <=0) "/" : webUrl; if (retUrl.charAt(retUrl.length - 1) !="/") { retUrl+="/"; } retUrl+=webRelativeUrl; return retUrl; } var g_updateFormDigestPageLoaded=new Date(); function UpdateFormDigest(serverRelativeWebUrl, updateInterval) { try { if ((g_updateFormDigestPageLoaded==null) || (typeof(g_updateFormDigestPageLoaded) !="object")) { return; } var now=new Date(); if (now.getTime() - g_updateFormDigestPageLoaded.getTime() < updateInterval) { return; } if ((serverRelativeWebUrl==null) || (serverRelativeWebUrl.length >> 10); strResult+=String.fromCharCode(LOW_SURROGATE_BITS | ((dwch) & 0x003FF)); } else { strResult+=''; } } } return strResult; } function unescapeProperlyInternal(str) { if (str==null) return "null"; var ix=0, ixEntity=0; var strResult=""; var rgUTF8Bytes=new Array; var ixUTF8Bytes=0; var hexString, hexCode; while (ix < str.length) { if (str.charAt(ix)=='%') { if (str.charAt(++ix)=='u') { hexString=""; for (ixEntity=0; ixEntity < 4 && ix < str.length;++ixEntity) ?
date was canceled, or the link to the workspace was removed from the scheduled meeting."; var L_DETACHEDCANCELLEDEXCEPT_Text="This meeting date was canceled from your calendar and scheduling program. To specify what you want to do with the associated information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDUNLINKEDSINGLE_Text="This meeting date is no longer linked to the associated meeting in your calendar and scheduling program. To specify what you want to do with the information in the workspace, do the following: In the Meeting Series pane, point to the meeting date, and in the drop-down list, click Keep, Delete, or Move."; var L_DETACHEDCANCELLEDSERIES_Text="This meeting series was canceled from your calendar and scheduling program."; var L_DETACHEDUNLINKEDSERIES_Text="This meeting series is no longer linked to the associated meeting series in your calendar and scheduling program. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSERIESNOWSINGLE_Text="This meeting was changed in your calendar and scheduling program from a recurring meeting to a nonrecurring meeting. You can keep or delete the workspace. If you keep the workspace, you will not be able to link it to another scheduled meeting."; var L_DETACHEDSINGLENOWSERIES_Text="This meeting was changed in your calendar and scheduling program from a nonrecurring meeting to a recurring meeting. The current workspace does not support a recurring meeting. In your scheduling program, unlink the meeting from the workspace, and then link the meeting again to a new workspace. The new workspace will automatically support a recurring meeting."; var L_DETACHEDNONGREGORIANCAL_Text="This meeting was created using a calendar and scheduling program that only supports series updates to the Meeting Workspace. Changes automatically support a recurring meeting."; var L_DETACHEDNONGREGORIANCAL_Text="This meeting was created using a calendar and scheduling program that only supports series updates to the Meeting Workspace. Changes you make to individual occurrences of meetings in that program will not appear in the workspace."; var L_DETACHEDPASTEXCPMODIFIED_Text="This past meeting was modified or canceled from your calendar and scheduling program. To keep, delete or move this meeting in the workspace, use the drop-down menu next to its date in the Meeting Series pane. To update the scheduling information for this meeting in the workspace, use your scheduling program to update this specific meeting occurrence."; var howOrphaned=isDetached & (0x10 - 1); var howDetached=isDetached - howOrphaned; if (howOrphaned) { switch (howOrphaned) { case 1: return (g_meetingCount==1) L_DETACHEDSINGLEEXCEPT_Text : L_DETACHEDCANCELLEDEXCEPT_Text; case 2: return L_DETACHEDCANCELLEDSERIES_Text; case 3: return L_DETACHEDCANCELLEDEXCEPT_Text; case 4: return (g_meetingCount==1) L_DETACHEDSINGLEEXCEPT_Text : L_DETACHEDUNLINKEDSINGLE_Text; case 5: return L_DETACHEDUNLINKEDSERIES_Text; case 6: return L_DETACHEDSERIESNOWSINGLE_Text; case 7: return L_DETACHEDSINGLENOWSERIES_Text; case 8: return L_DETACHEDPASTEXCPMODIFIED_Text; } } else if (howDetached) { switch (howDetached) { case 16: return L_DETACHEDNONGREGORIANCAL_Text; } } return null; } function retrieveCurrentThemeLink() { var cssLink; var links=document.getElementsByTagName("link"); for(var i=0; i<links.length; i++) { if((links[i].type=="text/css") && (links[i].id=="onetidThemeCSS")) cssLink=links[i]; } if(cssLink) { var re=/(\.\.\/)+/; var relativeURL=cssLink.href; var newURL=relativeURL.replace(re, "/"); return newURL; } } function StBuildParam(stPattern) { var re; var i; for (i=1; i < StBuildParam.arguments.length; i++) { re=new RegExp("\\^"+i); stPattern=stPattern.replace(re, StBuildParam.arguments[i]); } return stPattern; } JSRequest=?
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The main celebrations, which will be addressed by President Jacob Zuma, will take place at the former president's birthplace in Mvezo village in the Eastern Cape. The village is one of the poor communities in the country.
He said as part of the build up to the day, building of new roads leading to the village, the renovation of a primary school as well as a clinic site designated for the area have been completed. A multipurpose centre will handed over to the community on Sunday.
<fn>GOV-ZA.110315En.2012-02-10.en.txt</fn>
The Deputy Minister in The Presidency responsible for Performance Monitoring, Evaluation, Ms. Dina Pule, will undertake a tour of provinces which started on 09 March and will end on 20 April 2011 to sway provinces towards the implementation of the monitoring and evaluation system at the coalface of service delivery.
At the July 2010 Cabinet Lekgotla, President Jacob Zuma indicated that he expected the Department of Performance Monitoring and Evaluation (DPME) to monitor the performance of individual departments and municipalities.
Communicate institutional arrangements in order to implement the performance monitoring and evaluation system effectively and emphasise government's focus on the five key priority areas as identified by the President in his State of the Nation Address.
The first visit was in Mpumalanga Province on 9 March 2011.
<fn>GOV-ZA.11031712051001En.2012-02-10.en.txt</fn>
Cabinet held its ordinary meeting in Cape Town, on 16 March 2011.
Cabinet considered, deliberated and approved the Policy Adjusted IRP2010 for promulgation by the Department of Energy and that as the basis for the South African power generation programme for the next 20 years. Cabinet was informed by the need to diversify the energy mix, with specific emphasis on broadening energy carriers to include gas, imports, nuclear, biomass, renewable (wind, solar and hydro), as well as the efficient use of the existing resources such as coal, whilst ensuring that we continue investment in clean coal technology. The IRP2010 will also place significant emphasis on the intensification of our Energy Efficiency Strategy. The IRP2010 is aligned to the objectives set in the Long Term Mitigation Scenarios and the commitments made to the Climate Change imperatives, especially the Copenhagen Accord.
Cabinet approved the tabling of the Independent System and Market Operator (ISMO) Bill to Parliament. Cabinet encourages stakeholders in the power generation sector to engage on this bill as part of the parliamentary process. The establishment of ISMO is a key imperative to a more disciplined, open and transparent electricity sector and will assist in facilitating the participation of Independent Power Producers (IPPs) in electricity generation. IPPs will minimise the financial burden on the state in relation to the building of new generation capacity and they will spread the burden and risk relating to providing power capacity necessary to grow the economy and to create jobs.
Cabinet approved South Africa's approach to the second Southern African Development Community-East African Community-Common Market of East and Southern Africa (SADC-EAC-COMESA) Tripartite Summit and T-FTA. Cabinet is of the view that there are compelling reasons to pursue the SADC-EAC-COMESA T-FTA because the market potential is considerable as it combines a market of 26 countries with a population of approximately 700 million people. A larger, integrated and growing regional market would enhance industrial development and investment, and provide a basis for enhanced intra-African trade.
Cabinet approved the submission of the World Trade Organisation's (WTO) decision on the implementation of Paragraph 6 of the Doha Declaration on Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement on Public Health to Parliament for ratification and that an instrument of ratification be deposited with the WTO.
Cabinet approved the three year Industrial Policy Action Plan for 2011/12 - 2013/14. It builds on the successes and achievements of its predecessor in cross-cutting areas such as Industrial Financing; Leveraging Public Procurement; Developmental Trade Policies, Competition and Regulation; and Skills and Innovation initiatives.
The introduction, under the leadership of the Department of Home Affairs, of the Refugees Amendment Bill 2010, which aims to clarify procedures for dealing with applications for refugee status.
The Bill seeks to ensure that asylum applications are handled efficiently, promptly and in a manner that balances their human rights against national security considerations.
The Business Summit planned for 18 March 2011 provides government with a key platform to communicate critical partnerships with the Business sector which will accelerate achievement of government's focus on job creation.
Implementation of the Consumer Protection Act 2008, from 31 March 2011, exhibits government's commitment to ensure that consumers' rights are entrenched by the new legislation.
Implementation of the Cabinet-approved National Tourism Sector Strategy will be communicated within the context of tourism's increased contribution towards the GDP as well as job creation as one of the 5 key priorities. In addition the focus on domestic tourism and regional tourism will be strengthened.
As the local government elections approach, there have been some sporadic protests which have been accompanied by damage to property. Government will adopt zero tolerance to violent and disruptive behavior as electioneering intensifies.
Together we have worked hard to build a democratic local government that gives communities a voice and the opportunity to be active agents in the development of localities in which they live. Registered voters are encouraged to participate in the forthcoming elections and elect representatives who will promote their community's interests.
The election day (18 May 2011) will be a public holiday.
South Africa, under the leadership of the Department of Water Affairs, will celebrate National Water Week from 20 - 27 March. Since our democratic dispensation government has worked tirelessly to realise the constitutional right to water by all South Africans. Government calls on all South Africans to be responsible and play their part in guaranteeing water security and sustainability by conserving water and complying with water laws.
Cabinet noted the recommendations of the Black Economic Empowerment (BEE) Advisory Council to improve the state of BBBEE performance in the economy and to address some challenges in the implementation of the policy. The recommendations by the council will be discussed further by the cluster.
Cabinet noted with sadness the tragic loss of life caused by the earthquake which struck northeast Japan last week and generated devastating tsunamis. On behalf of the people of South Africa, Cabinet would like to extend the nation's collective sympathy and our prayers and thoughts are with the people of Japan, especially those who have been affected by this tragedy. Cabinet further commends those courageous South Africans who have gone to assist the people in Japan.
Government, under the leadership of the Department of Health, will launch the "Kick TB campaign" which coincides with World Tuberculosis (TB) Day on 24 March 2011. This campaign aims to build broad public awareness while focusing on involving learners in the fight against TB and in promoting healthy lifestyles.
Hospital and Catherine Booth which will characterised by visible communication on Government's Intensified Case Finding initiative. Cabinet calls on the public to work with government in combating the TB challenge in our society.
prevalence given the HIV and TB co-infection and we must work together to tackle this challenge.
The country will be celebrating Human Rights Month and Day (21 March), under the leadership of the Department of Justice. The main national event on Human Rights Day will be held at the Athlone Stadium in Cape Town on Monday, 21 March 2011. Cabinet calls on all South Africans to unite in protecting and respecting people's human rights and dignity.
Minister of Public Works and the Acting Director-General on the matter. The date and venue will be communicated in due course.
Following the announcement we made at the last post-Cabinet briefing, Cabinet wishes to confirm that the meeting between the Public Protector, the Minister of Justice and the Secretary of the Cabinet has taken place.
Durban leg of the investigation first so that a report covering all areas of this Investigation can be considered.
4.1 Cabinet endorsed the appointment of Ms Nombulelo (Pinky) Moholi as the Chief Executive Officer (CEO) of Telkom SA Limited. Cabinet is also celebrating this appointment especially as this is the first time a woman executive is appointed to lead this major ICT entity.
Contact : 082 379 3454 17 March 2011 www.gcis.gov.za; www.gov.
<fn>GOV-ZA.110322b22b10En.2012-02-10.en.txt</fn>
To amend the Local Government: Municipal Systems Act, 2000, so as to insert and amend certain deï¬nitions; to make further provision for the appointment of municipal managers and managers directly accountable to municipal managers; to provide for procedures and competency criteria for such appointments, and for the consequences of appointments made otherwise than in accordance with such procedures and criteria; to determine timeframes within which performance agreements of municipal managers and managers directly accountable to municipal managers must be concluded; to make further provision for the evaluation of the performance of municipal managers and managers directly accountable to municipal managers; to require employment contracts and performance agreements of municipal managers and managers directly accountable to municipal managers to be consistent with the Act and any regulations made by the Minister; to require all staff systems and procedures of a municipality to be consistent with uniform standards determined by the Minister by regulation; to bar municipal managers and managers directly accountable to municipal managers from holding political office in political parties; to regulate the employment of municipal employees who have been dismissed; to provide for the Minister to make regulations relating to the duties, remuneration, beneï¬ts and other terms and conditions of employment of municipal managers and managers directly accountable to municipal managers; to provide for the approval of staff establishments of municipalities by the respective municipal councils; to prohibit the employment of a person in a municipality if the post to which he or she is appointed is not provided for in the staff establishment of that municipality; to enable the Minister to prescribe frameworks to regulate human resource management systems for local government and mandates for organised local government; to extend the Minister's powers to make regulations relating to municipal staff matters; to make a consequential amendment to the Local Government: Municipal Structures Act, 1998, by deleting the provision dealing with the appointment of municipal managers; and to provide for matters connected therewith.
Amendment of section 1 of Act 32 of 2000 1. Section 1 of the Local Government: Municipal Systems Act, 2000 (Act No.
the position of chairperson, deputy chairperson, secretary, deputy secretary or treasurer of the party nationally or in any province, region or other area in which the party operates; or any position in the party equivalent to a position referred to in paragraph (a), irrespective of the title designated to the position;''.
Insertion of section 54A in Act 32 of 2000 2.
a municipal manager as head of the administration of the municipality; or an acting municipal manager under circumstances and for a period as prescribed.
A person appointed as municipal manager in terms of subsection (1) must at least have the skills, expertise, competencies and qualiï¬cations as prescribed.
(a) A person appointed in terms of subsection (1)(b) may not be appointed to act for a period that exceeds three months.
A municipal council may, in special circumstances and on good cause shown, apply in writing to the MEC for local government to extend the period of appointment contemplated in paragraph (a), for a further period that does not exceed three months.
the person appointed does not have the prescribed skills, expertise, competencies or qualiï¬cations; or the appointment was otherwise made in contravention of this Act.
advertise the post nationally to attract a pool of candidates nationwide; and select from the pool of candidates a suitable person who complies with the prescribed requirements for appointment to the post.
The municipality must re-advertise the post if there is no suitable candidate who complies with the prescribed requirements.
The municipality may request the MEC for local government to second a suitable person on such conditions as prescribed to act in the advertised position until such time as a suitable candidate has been appointed.
If the MEC for local government has not seconded a suitable person within a period of 60 days after receipt of the request referred to in paragraph (a), the municipality may request the Minister to second a suitable person on such conditions as prescribed until such time as a suitable candidate has been appointed.
The municipality must inform the MEC for local government of the appointment process and outcome, as may be prescribed.
The MEC for local government must, on receipt of the information referred to in paragraph (a), submit a copy thereof to the Minister.
If a person is appointed as municipal manager in contravention of this section, the MEC for local government must, within 14 days of receiving the information provided for in subsection (7), take appropriate steps to enforce compliance by the municipality with this section, which may include an application to a court for a declaratory order on the validity of the appointment, or any other legal action against the municipality.
Where an MEC for local government fails to take appropriate steps referred to in subsection (8), the Minister may take the steps contemplated in that subsection.
A municipality may, in special circumstances and on good cause shown, apply in writing to the Minister to waive any of the requirements listed in subsection (2) if it is unable to attract suitable candidates.
A person who has been appointed as acting municipal manager before this section took effect, must be regarded as having been appointed in accordance with this section for the period of the acting appointment.
Any pending legal or disciplinary action in connection with an appointment made before this section took effect, will not be affected by this section after it took effect.''.
Substitution of section 56 of Act 32 of 2000 3.
a manager directly accountable to the municipal manager; or an acting manager directly accountable to the municipal manager under circumstances and for a period as prescribed.
A person appointed in terms of paragraph (a)(i) must at least have the skills, expertise, competencies and qualiï¬cations as prescribed.
A person appointed in terms of paragraph (a)(ii) may not be appointed to act for a period that exceeds three months: Provided that a municipal council may, in special circumstances and on good cause shown, apply in writing to the MEC for local government to extend the period of appointment contemplated in paragraph (a), for a further period that does not exceed three months.
the person appointed does not have the prescribed skills, expertise, competencies or qualiï¬cations; or the appointment was otherwise made in contravention of this Act, unless the Minister, in terms of subsection (6), has waived any of the requirements listed in subsection (1)(b).
The municipal council must re-advertise the post if there is no suitable candidate who complies with the prescribed requirements.
(a) The municipal council must, within 14 days of the date of appointment, inform the MEC for local government of the appointment process and outcome, as may be prescribed.
The MEC for local government must, within 14 days of receipt of the information referred to in paragraph (a), submit a copy thereof to the Minister.
If a person is appointed to a post referred to in subsection (1)(a) in contravention of this Act, the MEC for local government must, within 14 days of becoming aware of such appointment, take appropriate steps to enforce compliance by the municipality with this Act, which steps may include an application to a court for a declaratory order on the validity of the appointment or any other legal action against the municipality.
A municipality may, in special circumstances and on good cause shown, apply in writing to the Minister to waive any of the requirements listed in subsection (1)(b) if it is unable to attract suitable candidates.
A person appointed in a permanent capacity as a manager directly accountable to the municipal manager when this section takes effect, must be regarded as having been appointed in accordance with this section.
A person appointed as an acting manager directly accountable to the municipal manager when this section takes effect, must be regarded as having been appointed in accordance with this section only for the period of the acting appointment.
Substitution of word in section 54A and section 56 4. The principal Act is hereby amended by the substitution, in section 54A and section 56, for the word ''municipality'', wherever it occurs, of the words ''municipal council''.
Insertion of section 56A in Act 32 of 2000 5.
56A. (1) A municipal manager or manager directly accountable to a municipal manager may not hold political office in a political party, whether in a permanent, temporary or acting capacity.
This section does not apply to a person appointed as municipal manager or a manager directly accountable to the municipal manager when subsection (1) takes effect.''.
Amendment of section 57 of Act 32 of 2000 6.
be signed by both parties before the commencement of service.'
''(3A) Any regulations or guidelines that relate to the duties, remuneration, beneï¬ts and other terms and conditions of employment of municipal managers or managers directly accountable to municipal managers, must be regarded as forming part of an employment contract referred to in subsection (1)(a).'
''(4C) Any regulations that relate to standards and procedures for evaluating performance of municipal managers or managers directly accountable to municipal managers, and intervals for evaluation, must be regarded as forming part of a performance agreement referred to in subsection (1)(b).''; and the deletion of subsection (7).
The deletion of section 57(7) of the principal Act does not affect the continuation or validity of a ï¬xed-term employment contract of a manager directly accountable to the municipal manager which is in force when this Act takes effect.
Insertion of section 57A in Act 32 of 2000 7.
57A. (1) Any staff member dismissed for misconduct may only be re-employed in any municipality after the expiry of a prescribed period.
The Minister must prescribe different periods of expiry, as contemplated in subsection (1), for different categories of misconduct.
Notwithstanding subsection (1) and (2), a staff member dismissed for ï¬nancial misconduct contemplated in section 171 of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003), corruption or fraud, may not be re-employed in any municipality for a period of ten years.
Notwithstanding subsection (1), the Minister may prescribe acts of misconduct in respect of which no period need expire before a person may again be employed in any municipality.
Subject to subsection (1), a decision to employ a person dismissed for misconduct must be taken with due regard to the nature of the misconduct concerned.
A municipality must maintain a record that contains the prescribed information regarding the disciplinary proceedings of staff members dismissed for misconduct.
A copy of the record referred to in subsection (6) must be submitted to the MEC for local government on a quarterly basis.
The MEC for local government must, within 14 days of receipt of the record referred to in subsection (6), submit a copy thereof to the Minister.
been dismissed for misconduct; or resigned prior to the ï¬nalisation of the disciplinary proceedings, which record must be made available to municipalities as prescribed.''.
Amendment of section 66 of Act 32 of 2000 8.
''(3) No person may be employed in a municipality unless the post to which he or she is appointed, is provided for in the staff establishment of that municipality.
A decision to employ a person in a municipality, and any contract concluded between the municipality and that person in consequence of the decision, is null and void if the appointment was made in contravention of subsection (3).
Any person who takes a decision contemplated in subsection (4), knowing that the decision is in contravention of subsection (3), may be held personally liable for any irregular or fruitless and wasteful expenditure that the municipality may incur as a result of the invalid decision.''.
Amendment of section 67 of Act 32 of 2000 9.
''(3) Systems and procedures adopted in terms of subsection (1), apply also to a person referred to in section 57 [except to the extent that they are inconsistent with that person's employment contract].''.
Amendment of section 71 of Act 32 of 2000 10.
Minister; and any other parties as may be prescribed.
the ï¬scal capacity and efficiency of municipalities; and national economic policies.
Municipalities must comply with any collective agreements concluded by organised local government within its mandate on behalf of local government in the bargaining council established for municipalities.''.
Amendment of section 72 of Act 32 of 2000 11.
''(ii) municipal staff systems and procedures referred to in section 67(1) and the matters that must be dealt with in such systems and procedures, including- (aa) transfers; and (bb) termination of service.'
''(e) training, competency and skills development of staff members of municipalities, including in-house training, subject to the requirements of the Skills Development Act, 1998 (Act No. 81 of 1998), the Skills Development Levies Act, 1999 (Act No. 28 of 1999), and the [Local Government] Municipal Finance Management Act [, 2003 (Act No.
''(c) when necessary, differentiate between different categories of municipal staff members.''.
''(2A) The Minister may, subject to applicable labour legislation and after consultation with the Minister for Public Service and Administration, make regulations relating to the duties, remuneration, beneï¬ts and other terms and conditions of employment of municipal managers and managers directly accountable to municipal managers.''.
Amendment of section 106 of Act 32 of 2000 12.
''(5) (a) Where an MEC fails to conduct an investigation within 90 days, notwithstanding a request from the Minister in terms of subsection (4)(a), the Minister may in terms of this section conduct such investigation.
The Minister must send a report detailing the outcome of the investigation referred to in paragraph (a) to the President.''.
12A. Section 120 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph: ''(a) the matters listed in sections 22, 37, 49, 54A, 56, 72, 86A and 104;''.
Amendment of Schedule 1 to Act 32 of 2000 13.
2A. A councillor may not vote in favour of or agree to a resolution which is before the council or a committee of the council which conï¬icts with any legislation applicable to local government.''.
Repeal of section 82 of Act 117 of 1998 14. Section 82 of the Local Government: Municipal Structures Act, 1998, is hereby repealed.
This Act does not affect the employment contract of a municipal manager or a manager directly accountable to the municipal manager entered into before this Act took effect, and such contract continues until it lapses or is terminated.
This Act is called the Local Government: Municipal Systems Amendment Act, 2010.
The Local Government: Municipal Systems Act (Act No. 32 of 2000) (''the Systems Act''), authorises the Minister to set norms and standards or guidelines in relation to personnel matters, but does not give the Minister any effective regulatory powers relating to these matters especially as far as they relate to municipal managers and managers directly accountable to municipal managers. The main object of this Bill is to grant the Minister adequate regulatory powers in respect of municipal managers and managers directly accountable to municipal managers. The Bill furthermore also addresses key elements of the Local Government Turnaround Strategy.
2.1 The power to appoint municipal managers is currently contained in section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) (''the Structures Act''), whilst the corresponding power in relation to other senior managers and municipal staff in general is dealt with in the Systems Act. For the sake of consistency relating to staff appointments, the Bill now transfers the appointment power of municipal managers and acting municipal managers to the Systems Act. Currently, section 82(2) of the Structures Act also contains the requirements relating to the skills and expertise municipal managers must have to perform the duties associated with the post. Due to the inherent vagueness of this provision, municipalities in many instances have appointed managers who are not capable and equipped to provide the necessary leadership and supervision to facilitate a culture of public service and accountability.
2.2 It is accordingly proposed to insert a new provision, section 54A, in the Systems Act to regulate the appointment of municipal managers and acting municipal managers. The insertion of section 54A necessitates a consequential amendment to the Structures Act, viz. the repeal of section 82 which currently deals with the appointment of municipal managers, as well as the insertion of an amended deï¬nition for ''municipal manager'' in section 1 of the Systems Act. The proposed section 54A will enable the Minister to determine, by regulation or through guidelines, a minimum level of skills, expertise, competencies and qualiï¬cations for municipal managers appointed from the date on which section 54A takes effect. The idea is that an appointment should be null and void if the person appointed as municipal manager does not have the prescribed skills, expertise, competencies or qualiï¬cations. It is also proposed to insert an appointment procedure in this section to ensure that a vacant post of municipal manager is advertised nationally to attract as wide as possible a pool of candidates. A person may be selected for appointment as municipal manager only from this pool of candidates. If the pool of candidates is insufficient, the municipal council may re-advertise the post. Provision is, however, made for the Minister to exempt a municipal council from these strict appointment requirements if the municipal council is unable to attract a suitable candidate, which may happen, especially in the rural areas. The municipal council will also be required to inform the MEC for local government and the Minister by way of a report of the appointment process, as well as its outcome, and will also be tasked to ensure that municipal councils comply with this section.
2.3 Section 56 of the Systems Act regulates the appointment of managers and acting managers directly accountable to municipal managers. New provision is made for the Minister to determine, by regulation or through guidelines, criteria in relation to skills, expertise, competencies and qualiï¬cations for the appointment of a person to the post of manager directly accountable to a municipal manager. It is proposed that an appointment should be null and void if the person appointed as manager directly accountalbe to a municipal manager does not have the prescribed skills, expertise, competencies or qualiï¬cations. It is also proposed that the same procedure applicable to the appointment of municipal managers be followed for the appointment of managers directly accountable to municipal managers. Accordingly, unless the municipal council is exempted by the Minister, a vacant post for senior manager must be advertised nationally in order to attract a wide pool of candidates from which the appointment must be made. The municipal council must inform the MEC for local government and the Minister of the appointment process, as well as its outcome, by way of a report. Here again the MEC is tasked with enforcing compliance by municipal councils with this section.
2.4 The Bill further inserts a new section 56A in the Systems Act to prevent municipal managers and managers directly accountable to municipal managers to hold political office in a political party, whether in a permanent, temporary or acting capacity. ''Political office'' is deï¬ned to refer to the position of chairperson, deputy chairperson, secretary, deputy secretary or treasurer of a political party nationally or in any province, region or other area in which the party operates. Other political rights of senior managers are unaffected by the amendment and they remain entitled to enjoy and exercise these rights freely. Section 56A will not apply to municipal managers and managers directly accountable to municipal managers holding office at the time when section 56A takes effect.
2.5 Although section 57 of the Systems Act currently requires both employment contracts and performance agreements for municipal managers and managers directly accountable to municipal managers, there is a need to tighten these provisions up to ensure full compliance with the letter and spirit of the Systems Act. The Bill proposes new provisions in the Systems Act that will provide for an appointment as such a manager to lapse if the person appointed does not sign a performance agreement within 60 days. There is also a need to ensure consistency in respect of both the terms of these employment contracts relating to duties, remuneration, beneï¬ts and other conditions of employment, and the terms of performance contracts relating to standards of performance evaluation and intervals for evaluation. Provision is therefore made in the Bill to empower the Minister to make regulations relating to these matters and to provide for such regulations to be regarded as forming part of the employment contracts and performance agreements of these managers.
2.6 The current section 57(7) of the Systems Act, which allows managers directly accountable to municipal managers to be appointed for ï¬xed terms, is no longer supported as this practice impedes the building of a stable local public administration and institutional memory through the retention of skilled managerial personnel. It is accordingly proposed to delete this subsection. The Bill contains a transitional measure providing for current ï¬xed-term employment contracts to continue until their terms expire and for current incumbents of the relevant posts to reapply for their posts at the expiry of their ï¬xed-term contracts.
2.7 A new section 57A is inserted, providing that a staff member of any municipality who has been dismissed for misconduct may only be reemployed in any municipality after the expiry of a prescribed period.
2.8 The proposed new section 57A further provides that a staff member dismissed for ï¬nancial misconduct contemplated in the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003), corruption or fraud, may not be re-employed for a period of ten years. A system is introduced whereby municipalities would be required to maintain a record regarding the disciplinary proceedings of staff members dismissed for misconduct and forward it to the MEC for local government, who must forward it to the Minister to keep and make available to municipalities as prescribed.
2.9 An amendment of section 66 of the Systems Act provides that staff establishments of municipalities have to be approved by municipal councils and bars the employment of a person in a municipality if the post to which he or she is appointed is not provided for in the staff establishment of that municipality.
2.10 In terms of section 67 of the Systems Act, municipalities are tasked to develop and adopt systems and procedures to ensure fair, efficient, effective and transparent personnel administration. Leaving human resource development entirely to municipalities has, however, proved to be unsuccessful as some municipalities are experiencing difficulties in developing their own human resource policies. To ensure stability and consistency in the local government workforce it is necessary to amend section 67 to ensure that these systems and procedures are consistent with uniform standards prescribed by the Minister. It is also proposed to delete the current provision whereby employment contracts, in the case of municipal managers or managers directly accountable to municipal managers, are allowed to trump these systems and procedures.
2.11 In terms of an amendment to section 71 of the Systems Act, organised local government must, before embarking on any negotiations with parties in the bargaining council for municipalities, consult the Financial and Fiscal Commission, the Minister and any other parties as may be prescribed. Organised local government will also, in terms of the new subsection (2), be required to take into account the budgets of municipalities, the ï¬scal capacity and efficiency of municipalities and national economic policies in concluding any collective agreement resulting from such negotiations. This is to ensure that the bargaining process is aligned to the National Economic Framework, and also to ensure that the Minister is at all times aware of the issues that will be bargained on, as well as the framework within which such bargaining will take place.
2.12 In line with the general thrust of the Bill to tighten up municipal staff matters, it is also necessary to amend section 72 of the Systems Act, which empowers the Minister to make regulations and guidelines on various matters. Whilst most of the proposed changes to section 72 are either technical or consequential, the amendment also confers some additional powers on the Minister, such as to regulate the performance by municipal staff members of remunerative work outside the municipality.
2.13 Section 106 of the Act is amended to enable the Minister to conduct an investigation into maladministration, fraud, corruption or any other serious malpractice in a municipality, if the MEC fails to conduct such investigation.
2.14 Section 120 of the Systems Act is amended to include issues regarding the appointment of municipal managers (section 54A) and managers directly accountable to municipal managers (section 56) in the list of matters on which the Minister may make regulations or issue guidelines, only after consultation with organised local government representing local government nationally.
2.15 Finally, it is proposed to amend the Disciplinary Code for Municipal Councillors contained in Schedule 1 to the Systems Act by adding a provision to prevent councillors from voting in favour of resolutions before the council or a committee of the council where such resolutions are in conï¬ict with legislation applicable to local government.
7.1 The State Law Advisers and the Department of Cooperative Governance and Traditional Affairs are of the opinion that the Bill must be dealt with in accordance with the procedure prescribed by section 75 of the Constitution. The Bill does not fall within the functional areas listed in Schedule 4 of the Constitution, nor does it provide for legislation envisaged in the sections referred to in section 76(3) of the Constitution.
7.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional leaders.
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The Deputy Minister in The Presidency responsible for Performance Monitoring, Evaluation, Ms Dina Pule, will tomorrow meet with the South African Local Government Executive Council (SALGA). This is the continuation of her tour of provinces which started on 9 March 2011. The visits aim to sway provinces towards the implementation of the monitoring and evaluation system at the coalface of service delivery.
The first visit was in Mpumalanga Province on 9 March followed by KwaZulu Natal on 16 March 2011.
NB: There will be no media briefing tomorrow.
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Cabinet Spokesperson Mr Jimmy Manyi, addressed members of the media on the outcomes of the Cabinet meeting held on Wednesday 30 March 2011.
NB: There will be a video link-up to Imbizo Media Centre, 120 Plein Street, Cape Town.
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Members of the media are invited to join Deputy Minister for Performance Monitoring and Evaluation, Ms. Dina Pule on a walkabout as she inspects service delivery at Manne Dipico Thusong Service Centre in Pescodia, Kimberley. The walkabout will take place following a meeting with the Premier of Northern Cape, Ms Hazel Jenkins and the MECs where the Deputy Minister will outline performance monitoring and evaluation processes.
Following the walkabout, the Deputy Minister will address the media on her findings at the Thusong Centre and outcomes of the meeting with the Premier.
Thusong Service Centres are one-stop, integrated community development centresthat aim to ensure that people have access to information, services and resources offered by among others government, non-governmental organizations, state-owned enterprises (SEOs) and business within their places of residence.
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The Minister of Arts and Culture, Ms Lulu Xingwana, will lead a contingent of South African writers, publishers, booksellers, librarians and other book sector stakeholders to the London Book Fair from 19-21 April 2010. Over 100 South African delegates have already confirmed their participation at this year's London Book Fair.
The honour of becoming a market focus country provides the ideal opportunity for South Africa to showcase its authors, publishers, booksellers and other aspects of the book industry to world audiences. The participants will get the opportunity to establish export networks, explore translation and international distribution opportunities and get exposure to international audiences.
On 19 April 2010 Minister Xingwana will officially open the South African pavilion, which will house over 50 South African exhibitors and occupy the centre stage of the book fair.
This is a unique platform to promote South African literature to world audiences and develop a globally competitive book sector.
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Title: Statement on the Cabinet meeting held on 20 April 2011 1.1 Cabinet has once again called on all South Africans to observe April as Freedom Month under the theme Working together to Unite the nation, Promote democracy and Protect our freedom. This month is also an opportunity for all cultural communities to display and celebrate our national diversity.
1.2 It is against this background that as we mourn the unfortunate circumstances around the passing away of Mr Andries Tatane and Constable Fihliwe Bengeza that Cabinet urges all South Africans to remain calm and let the law take its course. Cabinet sends its condolences to the bereaved families.
Cabinet also calls on all men and women in the police service to continue to remain true and faithful to their oath and responsibility to fight crime and corruption to carry on courageously, and without fear and favour to reach their goal of ensuring that all South Africans, feel and are safe thus protecting the nation. The various arms catches and drug busts continue to provide tangible evidence that our men and women in uniform are working hard.
1.4 Cabinet expressed its full support for the National Orders. These are the highest awards that a country through its President, bestows on its citizens and eminent foreign nationals. The National Orders Awards takes place on Freedom Day to mark the contribution and selflessness that the bestowed citizens have made to our country.
1.5 Cabinet has raised serious concern regarding death on our roads especially alcohol related accidents and is calling on the nation during this Easter period not to drink and drive, to take regular rest along the long journeys, adhere to the speed limits and all other regulatory signs on the roads.
2.1 Cabinet has approved that the South African Defence Force should fine-tune its strategy to protect our waters from piracy. Being a littoral country, South Africa needs to have a balanced naval capability to effectively respond to maritime security threats affecting South Africa. Cabinet noted the incursion of maritime crime into our waters, which might affect our trade routes through the seas.
2.2 Cabinet has endorsed the decision by the Department of Minerals to invoke a moratorium on licenses in the Karoo where fracking is proposed. The Department of Minerals will lead a multi disciplinary team including the Departments of Trade & Industry, Science and Technology, amongst others, to fully research the full implications of the proposed fracking. Cabinet has made it very clear that clean environment together with all the ecological aspects will not be compromised.
2.3 Cabinet noted the resolutions of the President's Coordinating Council which sought to bring greater integration between national provincial and local government departments across all 9 provinces. All Premiers were encouraged to share best practice and ensure that service delivery is a reality on the ground. South Africa is a unitary state under the able leadership of President Zuma.
2.4 Government places high priority on issues of Climate Change. In this regard, Cabinet noted the report from Cancun COP16/CMP6 and South Africa's preparations for hosting the COP17/CMP7 in Durban as it relates to (a) international strategy towards a Durban outcome linked to COP presidency programme and (b) the national delegation preparatory programme.
2.5 In contributing to the conservation and sustainable use of biodiversity, Cabinet approved the signing of the Nagoya Protocol on Access to Genetic Resources and the fair and equitable sharing of benefits arising from their utilisation at the convention on biological diversity signing ceremony in New York on 11 May 2011 (United Nation Headquarters). South Africa is the third most biologically diverse country in the world after Indonesia and Brazil. These countries harbor the majority of the earth's species and collectively contain more than two-thirds of global biodiversity. Therefore South Africa attaches great importance to the Nagoya Protocol.
2.6 Cabinet noted progress made on the Hondeklip Bay abalone demonstrator and plans to expand the demonstrator into a commercial venture with public and private sector investment. Cabinet also noted the establishment of the abalone hatcheries in Hondeklip Bay and Hawston. The department of Health will participate in the project with a view to investigating the health related benefits and potential effects on human health. Crime related activities and illegal harvesting along the abalone industry will be closely monitored.
2.7 In taking its position internationally in terms of the space sector, Cabinet approved that the Ministers of Science and Technology and of Trade and Industry further consult on the hosting the 62nd International Astronautical Congress (IAC 2011) on 3 to 7 October 2011. The IAC is the world's premier meeting of space industry companies and space professionals which is normally attended by over 3500 conference participants and exhibitors and is held annually. This is the "FIFA CUP" of space meetings and will be attended by heads and top executives of the world's leading space agencies.
2.8 In providing a platform for South Africa to position itself internationally, the department of Agriculture, Forestry and Fisheries (DAFF) will host the sixth session of the Food and Agriculture Organisation's (FAO's) sub-committee on Aquaculture in 2012. A growing aquaculture industry will provide additional economic activity linked to the sea food industry. Hosting this session in South Africa will promote the sector and enhance investment by the private sector and donors into the country and will contribute towards fast tracking the development and transformation of the aquaculture sector in South Africa and the rest of the continent.
2.9 Leading to the Youth Month in June, Cabinet noted the introduction of the National Rural Youth Service Corps (NARYSEC) programme by the Department of Rural Development and Land Reform. The main goal of NARYSEC is to enroll and develop youth to be paraprofessionals who will be trained to work in their own communities and municipalities leading to creation of employment opportunities and enterprises in the medium to long term.
2.10 In accelerating Government Land Reform Programme, Cabinet noted the introduction of the land reform recapitalisation and development programme by the Department of Rural Development and Land Reform and approved that the Departments of Agriculture, Forestry and Fisheries and Rural Development and Land Reform collaborate on this initiative and agrees that pilot sites be identified with a view to further extending them at an appropriate time; and agree that the cluster further discusses a mechanism for extending potential aid for graduating farmers.
2.11 Cabinet noted the report by the Ministerial task team on the audit of certain categories of inmates from 1 February to 31 December 2010. This will contribute to the reform of the criminal justice system by addressing problems associated with the overcrowding of correctional centres and the treatment of vulnerable groups.
3.1 Cabinet welcomed the enthusiastic participation of South Africa in the BRIC Bloc. This participation is seen as a major milestone in asserting South Africa as a serious player in the global economic landscape.
3.2 Cabinet noted the participation of a select Cabinet Ministers in the forthcoming World Economic Forum Africa 4-6 May 2011 in Cape Town.
3.4 Cote d'Ivoire - South Africa encourages people of Cote d'Ivoire to peacefully resolve their presidential matters.
3.5 Libya - South Africa is concerned about the continued loss of human lives in Libya and once again calls for cessation of hostilities from all sides and is in full support of the AU statement that seeks to restore peace.
3.6 Nigeria - The South African Government extends its sincere congratulations to President elect, Goodluck Jonathan and wishes to reaffirm its desire to further enhance its strong relations with his Government.
4.1 Municipal property rates amendment bill, 2011. This Bill is meant to provide the regulation of the power of the Municipality to impose rates on property and to provide for fair and equitable evaluation methods.
4.2 The publication of the South African Weather Service Amendment Bill, 2011.
The amended Bill provides for further objectives and functions for the South African Weather Service pertaining to the ambient air quality information service. It further aligns the provisions pertaining to the Weather Services Board with the PFMA and the National Environment Management Air Quality Act, 2004.
4.3 The publication of the Geomatics Profession Bill, 2011. This Bill seeks to provide a mechanism to accelerate the transformation of the surveying profession in a meaningful manner which would serve the interests of both the profession and the public.
4.4 Member's Ethics Amendment Bill, 2011. This Bill will be published in the Gazette and made available for public consultation on the Departments website.
The implementation of the Bill will provide critical support to a number of noble objectives of the government especially spatial economic, human settlement, rural development and economic and job creation programmes.
4.6 Promotion of National Unity and Reconciliation Act 1995. The regulation relating to assistance to truth and reconciliation (TRC) victims in respect of basic and higher education be published in the government gazette for public comment.
4.7 Promotion of National Unity and Reconciliation Act 1995. The draft regulations relating to medical benefits for victims be published in the government gazette for public comment following the TRC process.
Following the call by the President of the Republic, Mr Jacob Zuma that Ministers fill vacancies, Cabinet is pleased to report the appointment of four Directors-General and three Deputy Directors-General. These senior officials in turn have an immediate task to ensure that their departments fill other vacancies as soon as possible.
5.6 Mr Sipho Reginald Zikode was appointed Deputy Director-General: Empowerment and Enterprise Development in the Department of Trade and Industry.
5.7 Mr Ronnie Mamoepa was appointed Deputy Director-General: Head of Communication at the Department of Home Affairs.
Cabinet wishes all the new appointees good innings and Cabinet pledges its full support as they carry out their respective strategic mandates.
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The Cabinet Spokesperson, Mr Jimmy Manyi sincerely apologises for the error in paragraph 1.2 of the Statement on the Cabinet meeting held on 20 April 2011 issued earlier. The statement incorrectly stated the name of the Constable who died in the course of duty. The statement below states the correct name of the deceased as Constable Fihliwe Mavis Bengeza.
1.1 Cabinet has once again called on all South Africans to observe April as Freedom Month under the theme Working together to Unite the nation, Promote democracy and Protect our freedom. This month is also an opportunity for all cultural communities to display and celebrate our national diversity.
1.2 It is against this background that as we mourn the unfortunate circumstances around the passing away of Mr Andries Tatane and Constable Fihliwe Mavis Bengeza that Cabinet urges all South Africans to remain calm and let the law take its course. Cabinet sends its condolences to the bereaved families.
2.2 Cabinet has endorsed the decision by the Department of Minerals to invoke a moratorium on licenses in the Karoo where fracking is proposed. The Department of Minerals will lead a multi disciplinary team including the Departments of Trade & Industry , Science and Technology, amongst others, to fully research the full implications of the proposed fracking. Cabinet has made it very clear that clean environment together with all the ecological aspects will not be compromised.
2.3 Cabinet noted the resolutions of the President 's Coordinating Council which sought to bring greater integration between national provincial and local government departments across all 9 provinces. All Premiers were encouraged to share best practice and ensure that service delivery is a reality on the ground. South Africa is a unitary state under the able leadership of President Zuma.
2.5 In contributing to the conservation and sustainable use of biodiversity, Cabinet approved the signing of the Nagoya Protocol on Access to Genetic Resources and the fair and equitable sharing of benefits arising from their utilisation at the convention on biological diversity signing ceremony in New York on 11 May 2011 (United Nation Headquarters). South Africa is the third most biologically diverse country in the world after Indonesia and Brazil. These countries harbor the majority of the earth's species and collectively contain more than two- thirds of global biodiversity. Therefore South Africa attaches great importance to the Nagoya Protocol.
3.4 Cote de Voire - South Africa encourages people of Cote de Voire to peacefully resolve their presidential matters.
This Bill is meant to provide the regulation of the power of the Municipality to impose rates on property and to provide for fair and equitable evaluation methods.
This Bill seeks to provide a mechanism to accelerate the transformation of the surveying profession in a meaningful manner which would serve the interests of both the profession and the public.
This Bill will be published in the Gazette and made available for public consultation on the Departments website.
The regulation relating to assistance to truth and reconciliation (TRC) victims in respect of basic and higher education be published in the government gazette for public comment.
The draft regulations relating to medical benefits for victims be published in the government gazette for public comment following the TRC process.
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The summit will take place in Gabon. It will be the first time that South Africa participates at ministerial level and higher in the renegotiation of the Lome Convention. South Africa's qualified accession to the Lome Convention was agreed to on the 24th April 1997 and approved by the South African parliament on the 18th September 1997.
The Lome Convention is an international agreement which embodies provisions which include trade relations, commodity stabilisation measures, financial and technical cooperation.
The number of countries participating in the Lome Convention has increased and it now links the 15 member states of the European Union with 71 ACP countries.
South Africa has qualified membership of Lome. However there are certain advantages that the country will derive from this qualified membership.
South African firms and individuals will be eligible to tender for projects undertaken in ACP countries and financed under the eighth European Development Fund. Some South African commodities will enjoy duty free access into European markets.
The country will participate fully in the ACP- EU Council of Ministers which is the ultimate decision making body related to questions of cooperation. South Africa will also be able to benefit fully from cooperation in other areas such as environment, energy development, cultural and social dimensions and regional development.
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Recent speculation around the security of matriculation examination papers has prompted me to clarify the situation to the public.
An investigation into the progress and integrity of the Senior Certificate examinations conducted through the Heads of examination sections of the nine provincial education departments has found that on the whole, examinations are progressing very well, despite the lack of infrastructure, human resources and experience in some of these departments. The only confirmed leakage was the Accounting paper in the Gauteng Education Department. All rumours that the 1996 matric examinations will be declared invalid should be laid to rest. Master copies of all supplementary examinations - certified by the South African Certification Council (SAFCERT) - are available if needed. There is no cause for alarm.
The investigation revealed that four provinces use security firms for distribution, while in the others papers are either delivered or collected on a daily or periodic basis. Only one province stores papers at schools which have the necessary strongrooms. All provinces have monitoring teams in place to investigate irregularities.
The conducting of matric examinations is the full responsibility of provincial education departments under the National Education Policy Act, but there is a spirit of co-operation on matters of significant interest. The National Education Ministry is responsible only for monitoring the examination process.
Since the beginning of this year a process of monitoring has taken place through the Heads of Education Departments Committee as well as the Council of Education Ministers. I was informed through these structures that exam preparations were adequate and that, where necessary, measures had been undertaken to resolve problems.
I regret any inconvenience or upset caused to candidates, but wish to assure them that everything possible being done to speedily address problem areas. While I do not condone leakages, I wish to remind those political parties shouting for resignations and retribution that this is not the first time there has been a matric examination leakage. I take strong exception to party parasites without conscience who issue hollow legal threats without foundation which only alarm people. Criticism is essential, but is should be constructive. The objective of the spirit of nation-building and reconstruction is to identify and manage problems collectively, are not to sow dissension and sensationalism.
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E-mail: Mantshele. Tau@dha.gov.
General media enquiries e-mail: media.enquries@dha.gov.
The Preamble to the Immigration Act, 2002 (Act No.
''(c) interdepartmental coordination and public consultations enrich the [functions] management of immigration [control];''.
under the South African Passports and Travel Documents Act, 1994 (Act No.
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Cabinet Spokesperson Mr Jimmy Manyi, will address members of the media on the outcomes of the Cabinet meeting held on Wednesday, 25 May 2011.
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Contact FLOWERLINE for regular updates on the spring flowers, flower shows and weather forecasts.
Call 083 910 1028.
The cost of a call to a mobile phone.
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Johannesburg - South Africans braved freezing weather to join in the ceremony to officially mark the start of the Unite behind the Springboks 2011 Campaign on Wednesday.
Today is exactly 100 days before the kick-off of the 2011 Rugby World Cup (RWC) in New Zealand, and South Africans this morning showed their love for the reigning champs by gathering at a celebration event at the Soweto Towers.
South Africans from all racial groups arrived in large numbers, proudly adorned in green and gold Bokke jerseys.
The fanfare was covered live by the SABC 2's Morning Live. The Springboks World Cup bokkie mascot was also unveiled.
The bokkie mascot will move across the country, mobilising the nation to rally behind the team as it gears up to defend its title in September in New Zealand.
Springbok Sevens coach, Paul Treu, also got into the spirit, calling on the nation to do the same: "I urge fellow South Africans get behind our Bokke."
Deputy Minister of Sport and Recreation, Gert Oosthuizen, urged South Africans to wear the Bokke jersey every Friday until the kick-off of the World Cup.
Also unveiled at the celebration event was an anthem titled Let's Do It Again, by award-winning South African musicians Freshlyground and Goldfish to accompany the Bokke's RWC campaign.
The Department of Sport and Recreation earlier this year unveiled the Magnificent Fridays campaign aimed rallying and getting the nation behind the Bokke and the national netball team as they will be representing the country at global showpiece events.
The centerpiece of the campaign is Bokday, a call to supporters to wear green, official retail merchandise every Friday from this week until the end of the tournament in October, as well as on Springboks playing days, which include a Thursday, Saturday and Sunday as well as a Friday during the tournament.
The campaign has also targeted accumulating one million supporters for the Springboks on their Facebook page, www.facebook.com/springboks, as well as providing other digital platforms through which supporters may register their support and win a trip to New Zealand or signed playing jerseys.
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Ankara - Turkey's ruling Justice and Development Party (AKP) emerged victorious in the country's Parliamentary elections on Sunday for a third time, with 49.83 percent of the votes.
The main opposition Republican People's Party (CHP) had 25.94 percent of the votes, while the Nationalist Movement Party (MHP) had 12.99 percent of the votes and the independents had 6.58 percent.
With these figures, the AK Party wins 326 seats at the 550-seat parliament as CHP gets 135 seats and the MHP 53 seats. Independents have 36 seats.
Turkish Prime Minister Recep Tayyip Erdogan, also AKP chairman, said he was pleased with the result, noting that his party received 21 million votes on Sunday, up from 16 million votes in the elections of 2007.
"Today, it was democracy that won. Again, the will of the people won," Erdogan said in a speech to a joyous sea of supporters celebrating their victory at the AKP headquarters in Ankara.
He said nobody should doubt the AKP would respect the lifestyles, beliefs, values, pride and honour of everyone, including those who did not vote for them.
"Our government will be the government of all Turkish people, not only for the people who voted for AKP," said Erdogan.
Supporters at AKP headquarters cheered and waved flags as they listened to Erdogan's words, while the city's landmark Atakule tower was lit up in colour with fireworks bursting in the night sky.
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The EU says "it is a major step which highlights a clear commitment to democracy and the respect for human rights."
"We praise the announcement made by the King of Morocco of the main provisions of the new constitution, which will be put to a referendum on 1 July 2011," said EU foreign policy chief, Catherine Ashton, and EU Enlargement Commissioner, Stefan Fule.
"The proposed amendments concern key elements of the reform and modernisation, such as the separation of powers, the strengthening of the government's role, the independence of the judiciary, the regionalisation and gender equality," they added.
"Once the new constitution is implemented, it will be a major achievement in the process of reforms that was already undertaken in Morocco," they noted, expressing the readiness of the EU to "support Morocco's efforts to implement these profound reforms."
"The project of constitutional reform conforms to the ambitions of the Advanced Status granted by the European Union to Morocco," they said.
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Johannesburg - The Nelson Mandela Foundation has called on South Africans to participate in the second Nelson Mandela Day to be marked worldwide on the elderly statesman's 93rd birthday on 18 July.
"The world has taken a position, including the United Nations, to mark this important day. But what it also means (this year), we are beginning to say everyday people must dedicate time to show love for your fellow citizens - not just Mandela and make everyday a Mandela Day," said Human Settlements Minister and the foundation's trustee, Tokyo Sexwale.
He was speaking at the media launch of this year's Mandela Day in Johannesburg. The United Nations last year declared 18 July every year Mandela International Day in honour of South Africa's struggle icon and one of the world's most popular statesmen.
A host of activities are set to take place around the country, with individuals and organisations committing more than an hour of their time doing community work. The celebrations will be preceded by the launch of the new Mandela quotations book on 28 June.
The SABC, SAA, the UN and Prime Media are some of the organisations that have said they will be embarking on various initiatives to mark Mandela Day.
"Reconciliation in the world is the most difficult thing. That is why we have to protect the legacy of this man whom we all know as the greatest reconciler of all time. His message still has to find root so let's go out there and make Madiba proud," Sexwale said, adding that Madiba remains one of the most revered and influential persons in the world.
"We all know what he sacrificed Nelson Mandela Day provides the opportunity for all of us to continue the work of Madiba and we call on everyone to take ownership of this initiative. Let us rise to that challenge and make every day of our lives a Mandela Day and change the lives of people around us," he said.
The South African National Editors Forum is also lending its support for the day with an initiative planned by both print and electronic media.
SANEF's Raymond Louw said: Nelson Mandela, through his hard work, made the world a better place for journalists he made a great contribution to media freedom and continues to inspire many of us.
"Mandela had opened his office to us for structured interactions and today we have meetings with the presidents and this is due to the examples he set and for that, we honour him as a champion of the media."
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Johannesburg - US First Lady Michelle Obama met Nelson Mandela for the first time after receiving a personal invitation from the struggle icon and former South African leader.
The First Lady, who is on a tour of South Africa with her two daughters, was viewing some documents at Mandela's foundation on Tuesday, when he asked to meet her at his home in Houghton.
It was Obama's first meeting with the former president, which coincided with the start of her week-long visit to the country.
Pictures provided by the Nelson Mandela Foundation showed the 92-year-old sitting on a sofa next to Obama, signing an advance copy of his new book.
Another saw the First Lady beaming as she and her daughters Malia and Sasha posed with the former leader for a group shot.
US embassy spokesperson Elizabeth Trudeau confirmed the meeting, saying it was a wonderful opportunity for Obama to meet the struggle icon.
"It was such an honour and I know that the first lady is touched," Trudeau said.
Mandela rarely makes public appearances. He has been under home medical care since he was hospitalised with an acute respiratory infection in January.
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Cabinet held its ordinary meeting in Cape Town on 22 June 2011.
Cabinet noted progress on implementation of Delivery Agreements. The relevant Ministers will provide more details through media briefings in the coming weeks. An executive summary of the Programme of Action (PoA) achievements and challenges in respect of the reporting cycle April 2011 to June 2011 is attached.
Cabinet noted progress on intervention in the Eastern Cape Education Department as part of the Constitutional requirement, Section 100(1)(b). A task team comprising of 5 Ministers (Ministers of Justice & Constitutional Development, Basic Education, Finance, Higher Education & Training, Public Service & Administration) will continuously interact with each other, to advise on the turnaround plan and ensure that the intervention is implemented successfully.
Cabinet noted a report on the Africa Youth Day Festival (AYD) and approved that the report be distributed to the National Youth Development Agency, Government departments and other key role-players. The festival strengthened platforms for youth participation in decision-making at local, regional and continental levels. The event affirmed the commitment of African governments to regional integration in youth development.
Cabinet approved the implementation of the Management Performance Assessment. In October 2010 Cabinet approved that the Department of Performance Monitoring and Evaluation design and pilot management performance assessments and report back to Cabinet on recommendations for roll out. The translation of management inputs into service delivery outputs through good management practices is important for improving service delivery. The Management Performance Assessment involves assessing the quality of these management practices and each component of performance assessment (individual, management, and programme or policy results) is an important element of the overall performance management system.
Cabinet noted the progress report on the conditional reopening of the Commercial Abalone Fishery as of 1 July 2010.
1.6 17th Conference of the Parties (COP17) preparatory African Energy Minister's Conference Cabinet approved that South Africa hosts the 17th Conference of the Parties (COP17) Preparatory African Energy Minister's Conference from 15-16 September 2011.
South Africa is a party to both the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol. The UNFCCC sets an overall framework for intergovernmental efforts to tackle the challenges posed by climate change. Because the country is a signatory to the Protocol, it has to comply to and participate in meetings and discussions.
During the State of the Nation Address, President Zuma indicated that one of the goals of government for the medium term is to ensure that our foreign relations contribute to the creation of an environment conducive to sustainable economic growth and development. To this effect, Government will continue to prioritise the African Continent by strengthening the African Union and its structures and give special focus to the implementation of the New Partnership for Africa's Development.
Cabinet approved that the 2009/10 annual report on the Research and Development Tax Incentive programme be submitted to Parliament as part of the legislative requirement.
The South African government offers tax incentives to encourage private sector investment in scientific and technological research and development activities in terms of section 11D of the Income Tax Act. The Department of Science and Technology implements this programme in conjunction with the South African Revenue Services (SARS), the Department of Trade and Industry and the National Treasury.
As part of an ongoing strategic update, Cabinet noted progress made by the Department of Science and Technology in establishing a titanium metal industry in South Africa and the priority interventions for 2011/12.
This programme is geared towards the production of cost-competitive titanium metal in powder form for use in aerospace and other high-tech industrial applications.
Cabinet noted the initiatives by the Department of Science and Technology to develop the next generation of researchers in response to the need for the country to produce an increased number of skilled individuals especially in science, engineering and technology.
Cabinet noted the results of the 2008/9 National Survey of Research and Experimental Development. This survey was commissioned by the Department of Science and Technology to monitor the flows of the research and development investment and performance by the different sectors, namely government, science councils, higher education institutions, business sector and the non-profit sector.
2.1 President Jacob Zuma is planning to visit five provinces as part of government's ongoing Monitoring and Evaluation effort. The next visit is planned for Limpopo on 7 July 2011. The focus will be on health in keeping with outcome 2 which anticipates which a long and healthy life for all South Africans.
2.1 To enhance the overall visibility of government's programme of action, Deputy President, Kgalema Motlanthe will visit Petrusville in the Northern Cape on 24-25 June to assess implementation of programmes under the War on Poverty campaign.
2.2 July 2nd marks the 100 days countdown for Census 2011. Cabinet calls on all South Africans to "Stand up and be counted". The Census is a key tool which guides planning, policy-making, the allocation of resources and monitoring and evaluation of programmes and policies.
2.3 Cabinet noted that a high-profile media event, to formally launch the Curriculum and Assessment Policy Statements (CAPS), is scheduled for July 2011. The final CAPS were formally handed to the Minister of Basic Education, and the process requires that the Minister now publishes the CAPS in the Government Gazette. This will culminate in CAPS being declared a National Education Policy., thus concluding the curriculum implementation review process initiated by the Minister in 2009.
2.4 Cabinet noted that the Minister of Basic Education, Angie Motshega will release the National Report on the Annual National Assessment (ANA) on 28 June 2011.
2.5 The commemoration of International Day Against Drug Abuse and Illicit Trafficking will take place in Fezile Dabi District Municipality, Free State, on 26 June 2011. This will take place under the leadership of the Department of Social Development and will provide a platform to address the challenge of substance abuse facing youth.
2.6 Cabinet calls on all South Africans to comply with the statutory requirement of the RICA legislation, which is part of the Government's effort to fight crime. The deadline for the registration of cell phone SIM Cards ends on 30 June 2011.
2.7 The 3rd Municipal Water Quality Conference will take place from 27 June until 1 July 2011. Under the theme "Reshaping the South African Municipal Water Quality Landscape", the conference provides a platform for government to communicate key interventions and programmes aimed at managing drinking water quality and wastewater services.
2.8 The theme of: "Working together to build a caring society" for Nelson Mandela International Day, on 18 July, provides government departments with a platform to celebrate and acknowledge the legacy of former President Nelson Mandela in a manner that integrates key programmes impacting on the lives of South Africans. July 18 also marks the 99-day countdown to the 2011 Matric Examinations. Cabinet wishes our learners well in preparing for this important milestone.
2.10 Cabinet calls on all South Africans to unite behind our national sports teams by supporting the magnificent Fridays Campaign. This is in view of the Special Olympics team as they compete in the 2011 Special Olympics World Summer Games taking place in Athens, Greece from 25 June to 4 July 2011. The National netball team, amaNtombazana, will compete in the World Netball Championships in Singapore from 3 to 10 July 2011 and Swim SA will participate in the 14thFINA World Championships in Shanghai, China from 16 to 31 July 2011.
3.3 The G20 Development Working Group - 29 June to 3 July in Cape Town.
3.4 South Africa continues to strengthen various bi national arrangements in the Continent. In particular, Cabinet noted progress made in the DRC on various fronts of intervention.
The promulgation of the use of South African Official Languages Bill, 2011 will respond directly to the obligation imposed by section 6 of the Constitution. The Bill only provides for the regulation and monitoring of the use of official languages by national government.
Forecasting in National Treasury.
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Cape Town - US First Lady Michelle Obama on Thursday praised South Africans who had grown up under apartheid, overcome the oppressive system and built a country based on equality that had become a role model for the rest of the world.
Speaking at Fuller Hall at the University of Cape Town (UCT) to over 50 pupils from five schools across the city, Obama said people of the world were looking to South Africa to become a world leader and that many Americans were behind the country.
"No matter what part of the world you come from, you can have an impact," she told the pupils, pointing out that South Africa was the continent's leading economy and had last year hosted a successful World Cup.
She pointed to former president Nelson Mandela who had in his lifetime seen what he had been fighting for all his life come to fruition.
Obama also said the thoughts and prayers of her and her family were with the family of struggle veteran Kader Asmal, following his passing yesterday.
She praised former UCT vice-chancellor Rampele Mamphele, who acted as a moderator during a question and answer time from pupils.
Mamphele, she said was a "true role model" who had overcome racial discrimination during apartheid, becoming a doctor and collecting degrees, fellowships and awards from some of the most prestigious universities in the world.
Obama said through hard work the youth of today could achieve their dreams.
"There is no magic dust that helps students achieve at a place like this, now-a-days it is more how hard you can work and more importantly it's about believing in yourself every step of the way."
She said even after getting accepted at a top school, despite her disadvantaged background, she still had doubts she could succeed, until she began seeing that she was performing just as well as others.
"I realised then that success isn't about how much money you have or where you come from, but how hard you work," she said.
A good education was the only route to true success, as was the ability to be able to envision ones dreams, she added.
"The one thing I always say is that you have to practice success, it doesn't just show up," she said, adding that pupils needed to begin practicing early on, habits that built success.
She said her highest priority when she travelled around the world was to meet with young people and she came away inspired when speaking to young pupils.
It was why she had organised to have the pupils come to UCT because she wanted them to have the chance to walk around the university's campus and meet professors and students to realise they could fit in there too.
She said children rose to the bar that they were given, and wouldn't be able to aim high if they were never shown what is possible, including being able to visit universities like UCT.
In answers to questions raised by pupils, Obama said her mother - in her first trip to Africa - had been the perfect role model who had given her unconditional support and love.
"As you get older, remember that the family you build can be the greatest contribution you make to the world, so never shirk on that responsibility," Obama said.
Obama said the relationship between South Africa and the US was strong, pointing out that more and more students were travelling to one another's countries to study, adding that travelling was a good way to "expand one's horizons".
She said she felt "deep, deep responsibility" for being the first black American First Lady: "I was actually trying to talk my husband out of office, but now that we're here I want to make the most of it," she said.
"bit strange" that they go out.
But she said she had later agreed to go out with him when she saw the kinds of values he had.
"He was a community organiser and had a real passion for change and he added something to my life," she said.
She advised the pupils to ensure that whoever they decided to be with romantically, added value to their life.
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Johannesburg - The Nelson Mandela Centre of Memory on Monday unveiled a new book with inspirational quotes by South Africa's former President Nelson Mandela, which gives people hope, makes them smile, and feel proud.
Edited by Sello Hatang and Sam Venter, the new book, 'Nelson Mandela By Himself: The Authorised Quotations Book', has quotes selected from his speeches as far back as 1951, recorded interviews from before he was sent to prison, letters dating back to 1948 and diary extracts.
Venter and Hatang said they were prompted to publish the new book following the constant inquiries from across the globe to authenticate Mandela's quotations.
Speaking to BuaNews after the launch, Mandela's granddaughter Ndileka Mandela said: A lot of people claim to know granddad as a politician and I am glad that this new book will make them know him as man who has been always ahead of his time.
"Granddad is very difficult to emulate and with this book, young people will get a clear understanding on his ideals for the liberation struggle, love for his family as well as his words of wisdom."
Ndileka said while most African people regard talking about sex with their children as a taboo, Mandela would always cautioned them about the dangers of getting involved in sexual activities.
"I remember when we visited him on Robben Island with my grandmother (Evelyn, Mandela's first wife), he asked me if I had a boyfriend and when last did I go for a pap smear."
After asking those questions, Mandela then said: "Darling, it is not wise to have children when you are still young because they will hold you back."
According to Kathrada, Madiba, who turns 93 on July 18, was an inspiration to all political prisoners on Robben Island and was always leading from the front.
After they were convicted and sentenced to life imprisonment, they were flown to Robben Island handcuffed in chains and when they arrived, it was very cold, windy and raining.
Kathrada said African political prisoners were always separated from coloured and Indian prisoners and they were not treated equally.
"When they gave us prison clothes, African political prisoners were given shorts and this was met with resistance by Madiba. He refused to wear shorts and threatened to embark on an indefinite hunger strike. When they gave him long trousers, he then demanded that all African political prisoners should also be given those long trousers, otherwise he will continue with his hunger strike," said Kathrada.
One of Madiba's quotes on the liberation movement reads: "If I had my time over, I would do the same again, so would any man who dares call himself a man."
On challenges, he said: "Difficulties break some men but make others. No axe is sharp enough to cut the soul of a sinner who keeps on trying, one armed with the hope that he will rise even in the end."
His famous quote on equality while in prison reads: "I have never regarded any man as my superior, either in my life outside or inside prison."
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The International Olympic Committee (IOC) said ski slopestyle, snowboard slopestyle and snowboard parallel special slalom will be included in the sports programme at the 2014 Winter Olympics.
Men and women will compete in all these events.
The decision was taken by the IOC Executive Board ahead of the 123rd IOC and follows the inclusion in April of ski halfpipe (men and women), women's ski jumping, biathlon mixed relay, figure skating team event and luge team relay.
"We are very pleased with the addition of ski and snowboard slopestyle and snowboard special slalom in the Olympic Winter Games programme," said IOC President Jacques Rogge.
"Such events provide great entertainment for the spectators and add further youthful appeal to our already action-packed line-up of Olympic winter sports. We look forward to welcoming all the athletes to Sochi in 2014."
The OPC studied the proposal of the individual International Sports Federations and compiled a detailed analysis of all candidate events at their respective world championships last winter.
The decision was also based on an operational feasibility study undertaken by the organisers of the Sochi 2014 Olympic Games.
The executive board also agreed on a shortlist of sports that will be considered for inclusion in the 2020 Olympiad sports programme.
The sports include, baseball, karate, roller sports, softball, sports climbing, squash, wakeboard and wushu - one of which could be added to the 2020 programme. Voting will take place at the 125th IOC Session in Buenos Aires in 2013.
The programme can include a maximum of 28 sports.
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Pretoria - Popular 5fm disc jockey, DJ Fresh, is one of the personalities who has joined the group of bikers who will be embarking on a tour to support Mandela Day.
Mandela Day is a day of public service, where members of the public are encouraged to do something good for at least 67 minutes in honour of more than 67 years that Madiba dedicated to public service and the fight for social justice.
Bikers for Mandela will be visiting community projects along the 2011 route, devoting 67 minutes of their time at each one to activities that will leave a lasting and sustainable impact on their beneficiaries.
A key addition to this year's more than 2 200 kilometre ride into a significantly more rural terrain than before is veterinarian, Dr Kobus van der Merwe.
He will be educating communities and treating animals at the community stop-offs with the support of sponsors.
Zelda la Grange of the Nelson Mandela Foundation (NMF) said: "The need for care and awareness of animals was something that we noticed in 2010. Having Kobus riding with us in a support vehicle will make a real impact on the communities we visit."
Van Der Merwe's is not the only animal-centred presence on the 2011 Bikers for Mandela Day ride.
The Industrial Development Corporation will be using the ride to enhance the Nguni Cattle Project, which aims to reintroduce the hardy, indigenous Nguni cattle into rural communities and to explain the economic sustainability to be benefitted from in rural communities if blood lines are kept pure and animals taken care of properly.
The riders on the 2011 Bikers for Mandela Day trip have expressed their delight at participating in this year's event as part of Nelson Mandela Day.
Singer Bok van Blerk said: "I'm very privileged to be part of this wonderful initiative again this year. I can't wait to start my bike in this cold winter and make some hearts warm along the way."
5FM news reader Angie Khumalo said the chance to "be part of something bigger than ourselves" was key to her decision to participate.
I think we get so bogged down with our own lives that we become desensitized to the plight of the less fortunate.
"For me personally, this will be a wonderful opportunity to become re-sensitized and I'm honored to be able to participate in furthering Madiba's legacy of giving ones time for the betterment of one's community. Being able to do that while riding my dream bike, is just a very tasty cherry on top."
Isidingo actor Jack Devnarain said: "It's a privilege to be among the group of riders again reaching out to thousands of lives."
"I am inspired by the notion that we are not so much about charity as we are about empowerment and again, we will demonstrate throughout our journey that we are all responsible for our people, our country, and our world. Through our actions we will remind people that we all possess the humanity that defines the Mandela legacy."
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The broad and infectious smile that was on the face of former President Nelson Mandela at Soccer City stadium ahead of the final 2010 FIFA World Cup match between Spain and the Netherlands on July 11 will forever be etched on the minds of millions of South Africans.
The elder statesman once said "the World Cup will help unify people and if there is one thing in this planet that has the power to bind people, it is soccer".
These words rang true when one heard the constant hum of the vuvuzela. South Africans sang the national anthem in unison. The national flag was waved proudly by every South African, pride and joy was plastered on people's faces, car mirrors and windows donned the national flag and in houses, schools, offices and hospitals, flags could be seen waving proudly in the winter breeze.
The smiling faces of strangers and the universal subject of football on everyone's lips showed that South Africans were gone soccer crazy.
A year after the spectacular FIFA World Cup tournament on home soil, my heart is still filled with pride and patriotism - every time I think back to 2010.
The former President spent his entire life building and uniting the nation- and today South Africans from all walks of life, still feel the pride they felt when the final whistle was blown signaling the country's successful hosting of the world cup.
Mandela has been described as the architect of the 2010 World Cup by FIFA President Sepp Blatter, and the head of the football world governing body is correct because his efforts inspired the idea, and his continual hard work allowed for the bid to be well received by the international community.
Like they say, Africans celebrate everything - from a new life entering the world, to the ending of one and the joining of two souls in matrimony - it is all about celebrating. And South Africans didn't disappoint, we lived up to that. I guess you can say it's what makes South Africa a thrilling, exciting, vibrant and heavenly country that welcomes every one with open hearts and wide smiles.
On Friday, 11 June 2010, when the first FIFA World Cup to be hosted in Africa kicked off with a brilliant opening ceremony and what turned out to be a memorable 1-1 draw between host South Africa and Mexico, there was no such thing as strangers.
People hugged each other everywhere you looked, waving flags, with most unable to utter a word, but wearing jubilant smiles, and tears of joy gleaming in their eyes, sparkling like diamonds telling of sweet victory.
Fans of all shapes, hues and sizes draped the flag over their shoulders; some had headscarves, others donned oversized plastic glasses and bright earrings in the shape of Africa, with frizzy, colourful wigs, giving birth to a unique, galvanizing sense of unity that tore through a country.
Who would have guessed this was a country once hinged on a racial divide?
Sport's biggest showpiece, which took six years of planning and came to define the national agenda, shaping budget priorities, infrastructure development and daily conversations from townships to vineyards, was now a reality.
The month-long event put South Africa at the centre of the world. And boy, did we silence the critics with our smooth operations and vuvuzela-blowing. Foreign fans, some of whom came as skeptics, went home as converts.
As soon as the final whistle was blown - on July 11 - which marked Spain's victory - fireworks lit up the skies, vuvuzelas shrieked mercilessly, crowds danced and sang - and a palpable magic stretched out far beyond the horizon.
It was the biggest celebration in my living memory and I bet that goes for most of us, as this was the moment that helped challenge not only the way South Africa is perceived around the world, but Africa as a whole.
Exactly a year after the tournament, there are still many reminders of the World Cup.
In every city and neighborhood, one would find people sporting their bright yellow Bafana Bafana jerseys, and wearing them proudly.
At airports and street markets, one can still find the World Cup 2010 paraphernalia being sold.
The World Cup's theme songs, Waka Waka and Waving Flag, are still as popular as ever and can be heard in townships, where even pre-school children are still singing along, word for word.
But that is not all. Direct infrastructure developments such as new stadia, enhanced transport options and road upgrades around stadia, improvements at border posts and points of entry, upgraded telecommunications infrastructure and improved security systems all led to a better quality of life, and provide long term, valuable assets to communities.
The World Cup brought an entirely new definition to South African travel. The stadia, for instance, are an everlasting inspiration of spectacular architectural design and top the list of places to see for tourists.
Blatter gave South Africa "nine out of ten" for its performance, saying he would happily back any bid we made for any event in the future.
FIFA said the World Cup was a huge financial success for all parties concerned - South Africa, Africa, the world football body and its sponsors.
It also confirmed it made over U$3.5 billion (R24.15bn) from the tournament, a figure that flies in the face of previous concerns that the event would be a financial risk.
However, economists and critics have questioned if the South African government saw returns on its massive investments and whether the tournament did anything to ease unemployment or grow the economy.
Some had even predicted that some of the stadia are doomed to become "white elephants" in addition to the country's Big Five, due to their large operating costs and lack of events being held in them.
Yes, there are effects from the World Cup which haven't been as positive as others. Many businesses and municipalities had forecast too much of an economic impact, and some businesses are hurting after anticipating a huge rise in sales and profits, among others.
I'm also not in denial that not every South African shared in the World Cup's jovial spirit, and I admit that there are still many problems in this country that the World Cup did not solve.
Some missed the games because they had neither TVs nor electricity. People still died from Aids, or in poverty, or at the hands of criminals, far from the world's cameras and some informal traders were driven out of stadium exclusion zones.
Some people question why it took FIFA, an immovable deadline and a worldwide audience for us to come together as a nation and for things to be delivered on time.
The answer is not quite clear cut, but: the tournament left us with an infinite legacy. Nothing could have united us as the nation better than the world cup. Nothing. We were great hosts as individuals, as towns, cities, provinces and as a nation.
The enthusiasm we showed as a nation with our homemade costumes and signs has surely left a lasting impression on television screens worldwide.
The World Cup showed me that football and sport is general is ageless, it can make everyone from those in their 80s to teenagers behave the same way.
Mandela once said in 1996: "Sport has the power to change the world. It has the power to inspire. It has the power to unite people in a way that little else does. It speaks to youth in a language they understand. Sport can create hope where once there was only despair."
And I couldn't agree with him more. In fact, everyone who experienced the World Cup would agree. It was the biggest celebration in my living memory and that of the country.
It was not just another ground-breaking moment in the soccer fraternity, but it was much more than that to us. It was evidence of how South Africa's new centre, comprised of people from all walks of life, all incomes and all races, not only share but practise the founding values of our society, which include nonracialism, fairness, equality of opportunity, justice and reconciliation.
Lessons were learnt, pride was shared, togetherness was held dear, and these might be dwindling, but still there were benefits from the World Cup.
South Africa does have challenges and hurdles to climb, some quite significant. Instead of moaning and looking at the negatives, why don't we look back at last year's event with eyes that recognise the achievements After all, we won the hearts of the world, and we changed perceptions?
And it shouldn't stop there. What we need to ask ourselves as a nation: How do we keep winning?
I have never met him, but from all the stories I was told when I was growing up and read about Mandela it's what he would have wanted for this country- to unite and show the world that South Africa is a functioning and capable country.
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Winde has been named as an ambassador for the campaign. I am thrilled to be an ambassador of this campaign because Table Mountain rocks! According to a study by Grant Thornton, if it becomes one of the New 7 Wonders of Nature, tourism to our destination could increase by 20 percent.
"This would generate an additional R1.4 billion in revenue every year and support employment opportunities for around 11 000 people," said Winde.
The campaign is a process to select the seven best natural sites in world, with Table Mountain remaining as one of the 28 finalists out of an initial list of 440 sites in 220 countries.
Winde urged residents, with just over four months left of the four-year campaign, to vote for Table Mountain if it is going to make it on the final list.
"We are up against stiff competition, including Uluru (Ayers Rock) in Australia, and we are currently not in a winning spot. However, I am confident that if Western Cape residents display their trademark team spirit and get behind this campaign, we can still climb to the top of the list."
New 7 Wonders campaign manager, Fiona Furey, said on Tuesday that it was time for all South Africans to "get behind their mountain," adding that Winde has shown support for the Vote for Table Mountain campaign since 2009.
People can vote by SMSing "Table" to 34874 or by voting online at www.votefortablemountain.com.
The New 7 Wonders of Nature will be announced on 11 November 2011.
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"Eskom has restored power to most parts of Chiawelo and will restore power to the remaining areas once it is safe to do so. This follows violent action yesterday, which focused on the tamper-proof meters that Eskom had installed in the area four years ago as part of a programme aimed at combating electricity theft."
Last week, 115 of 4000 meters that had been installed in 2007 were vandalised. The tamper-proof meters, known as "split meters", and the steel enclosures in which they are housed are part of a pilot programme designed to curb electricity theft and provide a safe and reliable supply of electricity to the residents of Soweto. They were installed in consultation with the local community.
"When Eskom returned yesterday [Tuesday] to repair the damaged meters, a small group of people resorted to violent protest, setting fire to property belonging to local ward councillors and their relatives," said Eskom.
Eskom technicians then withdrew from Soweto under police escort after they were threatened. The parastatal was forced to switch off a circuit feeding the Chiawelo area, cutting off power to hundreds of residents.
"Over 90 percent of Chiawelo households pay for their electricity, and Eskom regrets that many of those whose power it was forced to cut are paying customers who are legally connected," said Eskom, adding that it will restore power to those households where power is yet to be restored.
According to the parastatal, since the project was implemented, there have been no unplanned outages in Chiawelo, no public fatalities, and no safety incidents in the electricity distribution network in the area.
Eskom condemned the violent conduct in Chiawelo and urged communities and their leaders to work with the company to ensure that safe and reliable electricity services can be delivered for all.
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Durban - It's only a matter of hours before an announcement is made on which of one of the three cities - Munich, Annecy and Pyeongchang - will get to host the 2018 Games.
The German delegation, making presentations for Munich, said they have the capacity to host the new sport events added this week to the Winter Olympics.
It was announced this week that more youthful and entertaining games like ski slopestyle, snowboard slopestyle and snowboard parallel special slalom will be included in the sports programme.
Germany's bid was sold mainly on being a country that is passionate both off and on the field. They showed that recent events, including the current FIFA Women's World Cup, have enjoyed record attendance by fans. Full attendance is something they feel they cannot not only promise but guarantee.
Delegates making presentations emphasised that there are no white elephant sporting venues in Munich and their support for athletes go beyond Germans.
Soccer great Franz Beckenbauer, during his short speech, joked that should Munich win the bid, he would commence training from Thursday to become a volunteer in 2018.
The Germans also promised an environmentally friendly Olympics, which has been a cornerstone of their bid over the past two years.
There will be no building of new venues in Munich, unless there is a need for it. If they were to win the bid, they would use sporting venues that were utilised in the 1972 games.
Katarina Witt, a member of the Munich 2018 Bid Committee, said at a recent press conference that Germany is already a world leader in environmental management.
"We truly believe in environmental protection as a social ethic - that's why we're committed to staging the first ever carbon-neutral Olympic and Paralympic Winter Games and extending Munich's remarkable sustainability story."
From a tourist point of view, Munich has plenty to offer when visitors take a break from the games. There are 20 museums and galleries that showcase both ancient and new art, theatre and a host of designer stores.
Meanwhile, the French said the beautiful French Alps will be the perfect host for the Winter Olympics.
Freestyle skier Kevin Rolland even went as far as saying that France is home to winter sports.
Rolland also expressed his delight that he can now compete in the Olympics after his type of sports were included in the games.
The French reiterated that its citizens are now fully behind the bid. At some point during their preparations, polls showed that the French people were not too supportive of the bid.
Bid delegates said not only are the French supporting the bid, they are also a nation of sport lovers.
South Korea's Pyeongchang bid team led an emotionally charged bid, constantly using the words "patience and persistence."
Having closely losing out on two bids previously, South Korea said they have risen from disappointment and are trying again because they want to inspire people all over the world.
The South Koreans throughout their presentation said they would like to continue to grow winter sport around the world. Their 'Dream Program' supports this desire by teaching kids, including those from South Africa, how to ski.
South Korean athletes formed part of the presentation and underlined the importance of the Olympic Games.
The South Korean government has fully backed the bid and is said to have invested substantial amounts of money in developing winter sports in and out of their country.
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Bhisho - Eastern Cape Local Government and Traditional Affairs MEC, Mlibo Qoboshiyane, is happy with the way Buffalo City Metro officials reacted to floods that hit the city on Tuesday.
Qoboshiyane was this morning assessing the damage in the areas worst-affected by the storm in East London. The city received 42mm of rain in just one hour.
"This was a natural disaster that no-one expected to happen. I'm happy with the way the Metro reacted to the situation by proactively moving in to clear roads, clearing blocked drains and helping to house some of the families whose shacks were damaged by the floods," said Qoboshiyane.
He added that government would do its best to provide those affected by the storm with food and mattresses, in addition to the blankets already provided by the Metro.
Qoboshiyane visited Duncan Village, Buffalo Flats and Egoli to assess damage to houses and the streets. He also visited a community hall that's being used to house some of the flood victims, and even helped in the clean up of one of the homes.
"Our thoughts are with all the people affected by the floods. We're working hard to provide a co-ordinated government response to the challenges presented by the floods," said Qoboshiyane.
He added that officials from relevant departments would meet today to come up with a strategy to deal with the damage.
"The report will be sent to me today and I will liaise with the acting premier and relevant MECs so that we can help people immediately," said Qoboshiyane.
People wishing to donate food, clothing and blankets to affected residents can contact the Metro on (043) 705-9000.
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Pretoria - Mobile cellular operators have commended government for helping them in speeding up the RICA process.
The Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA), which came into effect on 1 July 2009 (with the deadline on 30 June 2011), requires the compulsory registration of all SIM cards in use.
During the build up to the deadline, mobile operators, service providers and sellers were required to register the identities, physical addresses and cellular phone numbers of new and existing customers who purchase or have purchased SIM cards.
Vodacom South Africa acting Managing Director, Vuyani Jarana, said he was happy with the progress, made noting that the process has been a long journey, where they invested time engaging with government to ensure that they meet the RICA requirements.
"On our part, we are geared to address issues that are coming through that may highlight that there's been an element of non-compliance in the trading environment. Part of the action when we meet in the next fortnight will look at how we drive consumer education around the responsibility when you do this transaction, especially when you do not register your SIM card in your own name. We are committed to stamp out any irregularities," said Jarana.
Cell C Executive Head: Regulatory Affairs, Mothibi Ramusi, said the operator has invested R400 million on marketing and thanked the government for taking part in speeding up the process for consumers to RICA on time.
"It has been a costing exercise but there were benefits as well in terms of job creation. We've spent about R250 million on the campaign. But more than, that it created 6 000 jobs and also established channels of communications with the government," Madzonga said.
During the RICA campaign, Cell C registered 99.9 percent of contracts and 97 percent of prepaid subscribers, MTN had registered 99.5 percent of contracts and 97 percent of prepared subscribers whilst Vodacom had 98.98 percent of contracts and 95.12 percent of prepaid subscribers registered.
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Pretoria - A clinical report from a team of experts on the death of five babies at Jubilee Hospital last month has revealed that the cause of death - in most cases - was prematurity.
"The babies were high risk cases with a birth weight less than 800g and one baby had hyaline membrane disease, which causes breathing problems," said department spokesperson Simon Zwane.
In an effort to improve quality healthcare, Zwane said the hospital has since received five new incubators and other neonatal equipment. To ensure that the hospital has hot water, the Department of Infrastructure Development has appointed a service provider to repair the boilers which are faulty.
The team that investigated the deaths included practising experts in child health such as paediatricians, gynaecologists, nurses and obstetricians.
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Pretoria - Although South Africa's economy is showing growth, it continues to face uncertain times, says Deputy Finance Minister Nhlanhla Nene.
"There is no room for complacency and we continue to face a great deal of uncertainty during this current period of adjustment within the global economy," he said.
The deputy minister was speaking at an event hosted by the Sugar Industry Trust Fund for Education in Durban on Wednesday.
In the first quarter of 2011, South Africa's economy grew by 4.8 percent.
"While this recovery is stronger than a year ago in South Africa and in most other emerging market countries, its foundations are not yet sustainable; and it is still highly dependent on support from expansionary fiscal and monetary policies," said Nene.
Skills challenges and education still are issues to be confronted by the Republic and a vibrant economy is needed to address poverty and unemployment.
"Unemployment represents our greatest challenge: only 13 million South Africans, or 41 percent of the working-age population, have regular work," explained the deputy minister.
He expressed concern at the high level of unemployment among the youth at 42 percent. "Although the economy has recovered, employment is still below its pre-crisis level. Something must be done."
The New Growth Path, which aims to create five million jobs in the next decade, is estimated to create over a million jobs in infrastructure development and housing, while a further 500 000 jobs would be created in the agricultural sector and 350 000 in manufacturing. Tourism is targeting 225 000 jobs and mining 140 000.
The deputy minister said higher employment in the manufacturing sector, meanwhile, will rely on successful implementation of the second Industrial Policy Action Plan (IPAP2), which was also unveiled last year to provide new direction and impetus to South African manufacturing.
The reform of development finance institutions is also underway.
Nene said the Path will fail to meet its targets if an environment that is conducive to private-sector growth and business investment is not promoted. "This requires Government to provide economic stability and reduce the cost of capital through sound macroeconomic policies."
The deputy minister acknowledged the role played by the private sugar industry in its efforts to create opportunities, such as giving bursaries for studies in agriculture, sciences and engineering. "These areas are among the critical skills required to fuel our sustainable and inclusive economic growth."
The South African sugar industry generates an annual estimated average direct income of R8 billion, with direct employment within the sugar industry at approximately 77 000 jobs.
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Pretoria - The Public Protector has found that Hessequa Municipality Mayor Christopher Taute's conduct, in allegedly attempting to solicit donations for the ANC using a municipal letterhead, was abuse of power.
Updating the media on findings of recent investigations, Advocate Thuli Madonsela said she had found that Taute's conduct was unlawful, improper and an act of abuse of power.
Madonsela made the finding after finalising investigations into allegations that Taute had written to local businesses on an official letterhead, soliciting donations for the ANC.
He apparently used the letter to remind local business that they had contracts because the ANC was in power, adding that those who were awarded tenders owed the ruling party.
Taute's actions compromised the integrity and credibility of the municipality he was supposed to oversee, Madonsela said.
She also recommended that the municipality council take disciplinary action and "consider the finding of maladministration against the mayor."
With regards to her investigation into complaints and allegations of maladministration, improper and unlawful conduct by the Department of Public Works and SAPS over the leasing of offices in Durban, Madonsela said it was still at a provisional report stage.
She said that with the help of the Special Investigating Unit, she was "reworking" the SAPS matter and would release the final report on 14 July.
Madonsela added that she would not be taking action against media who had published a provisional report.
Despite calls from SAPS for her to pursue legal action, Madonsela said she believed the manner in which she had chosen to deal with the matter - by engaging with media and planning a meeting with South African National Editors' Forum - was sufficient.
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"The Nelson Mandela Day programme activities will commence in July and will culminate with the national event on 18 July at Giyani stadium in Mopani District, here in Limpopo province," he said.
Mandela Day is the birthday of former President Nelson Mandela who was born on July 18, 1918 in the former Transkei homeland.
On the day and the entire month of July, South Africans and people all over the world are encouraged to dedicate at least 67 minutes of their time to do community work in celebration of the values and principles that Mandela fought and stood for.
The 67 minutes symbolizes Madiba's years of selfless service to the people of South Africa and the world in the course of his extraordinary life. Mandela spent 67 years of life working to build a better life for all.
The day is an opportunity for all South Africans to set aside time to be of service to their fellow human beings who are less fortunate. It will also mark Madiba's 93rd birthday.
"As government, we would like to wish Tata Mandela a long, long life and as South Africans, we must begin to make every day of our lives a Mandela Day, so that we can be able to carry his legacy," said Mashatile.
He said although the main event will be held in Giyani, activities from 11 - 18 July will be held across the country and the entire Limpopo province.
"All of us, starting with President Zuma, his Deputy Motlanthe, ministers and deputy ministers, Members of Parliament, Premiers, MECs, councillors, mayors and civil servants will embark on activities such as donating books, assisting with job interview skills, mentoring, cleaning and greening of public spaces, promoting healthy lifestyles and many other such initiatives," he said.
MP Buti Manamela said on the international level, Archbishop Desmond Tutu and UN Secretary-General, Ban Ki-moon will address the UN General Assembly about the values of the world icon.
Manamela said on the day, Mandela will celebrate his birthday at his home in Houghton with 90 kids from all over the country.
"These kids, 10 per province, will be flown by SAA to Madiba's home in Gauteng," he said.
African National Congress chief whip, Mathole Motshekga, said they have decided to choose to host Mandela Day in Limpopo because it is one of the provinces in which Mandela once hid during apartheid, when forces were looking for him.
In 2009, the United Nations General Assembly declared Mandela's birthday, 18 July as the annual Nelson Mandela Day.
The theme for this year's Nelson Mandela Day is "Working together to build a caring society."
Mashatile said the theme is a call to every individual to embrace the values of democracy and contribute towards the objectives of building a just and caring society.
Limpopo Arts, Sports and Culture MEC, Joyce Mashamba, said: "As South Africans, let's emulate the good values that Mandela stood for, let's go out and make a difference in our society to ensure that his legacy does not easily disappear."
Acting Limpopo Premier Dickson Masemola said: "As a province, we are ready and excited to host the magnificent and historic event."
In his speech delivered in 2009, Madiba said: "We can change the world and make it a better place. It is in your hands to make a difference."
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Pretoria - A joint task team has been appointed by President Jacob Zuma to support work aimed at strengthening education in the Eastern Cape.
The task team, comprising members of Cabinet and the Provincial Executive Council, is mandated to deal with matters pertaining to the application of Section 100 (1) (b) on the Eastern Cape Department of Education. This is part of measures implemented by the President following his visit to the province to assess the state of education.
The move taken by the Presidency aims to supplement and strengthen the work of the Department of Basic Education to intervene in the areas of financial management as well as human resource management and planning in order to improve educational outcomes in the province.
In a statement, the Presidency noted that due to the urgency of the matter, the task team has already met and agreed to work closely together to deal with the challenges that had led to the intervention.
The challenges include a number of administrative issues, such as dealing with the general administrative shortcomings, which had led to the termination of the services of over 4 000 temporary teachers, leaving many schools with a shortage of teachers.
"There is a problem of scores of teachers that are additional to the establishment. In addition, the learner and teacher support materials had not been adequately delivered, the school nutrition programme had collapsed and scholar transport had come to a total halt in many areas," read the statement.
Following the President's visit in the province early last month, progress has been made. This includes a learner support programme which started on 27 June 2011 and intended to assist Grade 12 learners to catch up on lost learning opportunities during the first quarter of the academic year when the termination of temporary teachers' contracts left many of them without teachers.
The programme will run for the whole year until learners finish writing the end of the year examinations.
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Durban - KwaZulu-Natal is getting lessons on climate change ahead of the all-important United Nations conference on the pressing subject matter later this year.
KZN MEC for Agriculture, Environmental Affairs and Rural Development, Lydia Johnson, took to the streets of Ntuzuma township in an awareness drive about climate change. The province has been affected by disasters such as drought, floods and lightning in the past few years.
Women-led environment co-operatives, Ntuzuma and Bhukula Mfazi, joined Johnson to educate locals about climate change and sound environmental management and the creation of environmental sustainable livelihoods.
"Our objective is not to speak just about the upcoming conference but rather what people can do right here in their communities in order to avoid hazardous climate disasters. Impacts of climate change are global phenomena, which can only be managed through concerted and structured efforts at local levels," said Johnson.
She explained that communities can suffer from the effects of climate change, such as the impact it has on agricultural food production.
We are here to seek your involvement in programmes and activities that do not only curb the effects of climate change, but enhance food security and environmental management.
One good example of that is the food security campaign that we have in this province, the One Home One Garden, One Indigenous tree and One fruit tree campaign. What this campaign conveys to us is very practical, even for urban settlements like our townships.
"If all households here in Ntuzuma can have food gardens to fight hunger and malnutrition at a household level, have trees to serve as windbreakers, which can assist you as a community. Although it will not render you immune to disastrous weather patterns of climate change but it will assist you somewhat in minimising the effects," said Johnson.
Environmental activists from the two co-operatives shared information on the importance of taking good care of the environment.
The co-operatives are involved in initiatives like removing alien plants and rehabilitating local streams.
They encouraged other women to follow suit and start playing a vital role in sound environmental management.
Johnson will be visiting other communities across the province as preparations for the UN conference gain momentum.
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South Africa as the co-Chair of the Global Network for Women Ministers and Leaders of Environment is the first country in Africa to initiate a national forum to create dialogue and empower local women to deal with environmental challenges.
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Durban - The Springbok squad for the upcoming Tri-Nations at the moment is looking dismal, with 21 players put on the injury list.
The Springbok medical team announced on Wednesday that a number of players had been put on intense rehabilitation programmes following medical assessments in Cape Town.
Team doctor Craig Roberts said that a number of players faced a race against time to be fit to take part in the Tri-Nations, but that no one had been ruled out of contention for selection for the Rugby World Cup.
"Schalk Burger and Duane Vermeulen recently sustained serious injuries and will definitely not be ready to take part, but we're hopeful that others who have had long-term injuries, such as Juan Smith, Heinrich Br~ssow and Gurthr" Steenkamp, may be available at some point in the Series," said Roberts.
"There are a number of other players who have been playing through Super Rugby with chronic injuries and need rehabilitation now to avoid the risk of the breaking down with longer term injuries in the near future."
Andy Marinos, manager of national teams for the SA Rugby Union, said that the medical team had taken a pragmatic approach to the international season, which begins on 23 July for the Springboks.
"Some players have had a huge amount of rugby and it shows in the wear and tear on their bodies," said Marinos.
"We're treating them on an individual basis to make sure they are fully fit to peak at the right times this year."
Springbok coach Peter de Villiers, meanwhile, is hoping that late fitness tests will clear some of his injured charges. Some players are expected to undergo a second test later this week.
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Pretoria - South Africa has reiterated its position with regards to the conflict in Libya, saying an immediate ceasefire should be the first order of business to allow for deliberations.
South Africa also believes that a political, and not a military solution, is the only way out of the Libyan crisis.
"Efforts should immediately focus on achieving a ceasefire in order to create an environment that will be conducive to constructive deliberations among the people of Libya," International Relations Minister Maite Nkoana-Mashabane told a media briefing on Wednesday.
She said the most important thing was to stop hostilities, adding that only then could the drafting of a constitution start.
Nkoana-Mashabane said the African Union (AU) must also be given the space to carry out its mandate to pursue its Roadmap through its Ad hoc High Level Committee, which is headed by President Jacob Zuma.
The AU has devised a Roadmap which encourages an inclusive and consensual Libyan-owned and led transition, leading to the adoption and implementation of the necessary political reforms to address the causes of the current crisis, including democratic elections to enable the Libyans to freely choose their leaders.
She said the AU is central to any solution in Libya and should therefore not be sidelined or undermined in any way.
The roadmap, she says, has been has been enthusiastically received by both Libyan leader Muammar Gaddafi and the Benghazi rebels.
"Gaddafi says he does not want to stand in the way of a peaceful resolution of the crisis in his own country but is prepared not to be part of the discussion of the future of Libya," said Nkoana-Mashabane.
She said South Africa is opposed to peace efforts seeking to banish Gaddafi from his country, adding that the AU has no "go-away calendar".
There have been mounting calls for Gaddafi to leave office. In addition, the International Criminal Court (ICC) has issued an arrest warrant for him.
The minister also called on the Security Council, the UN in general and other stakeholders to work hand in hand with the AU to find a lasting solution.
"We believe that the UN should also take the lead in peace efforts in Libya in order to coordinate the different initiatives and avoid any confusion that a plethora of initiatives may possibly cause," she told the media in Pretoria.
During his visit to Sochi, Zuma also met with NATO chief Anders Fogh Rasmussen, who was there for a meeting of the NATO-Russia Council, to ask them to restraint and strictly ensure that their activities do not go against the letter and spirit of what was initially intended in the UN Resolution.
NATO has implemented a no-fly zone over Libya to restrict bombardment of civilians by Gaddafi's forces.
"Our intention was never regime change nor was it the targeting of individuals. The future of Libya should be decided by the Libyans themselves and not by outsiders," said Nkoana-Mashabane.
The AU panel on Libya is preparing to meet combatants from both sides to hear their reaction to the roadmap to end nearly five months of conflict.
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Pretoria - South Africa's largest arms manufacturer, Denel, has achieved a net profit of R111 million for the year ending March 2011 and generated cash of R178 million from its operations.
This, according to Denel's Group Executive Officer Talip Sadik, was the result of improved financial strategies.
Announcing the state-owned enterprise results, Sadik said this is the first time since 2001 Denel has achieved good results.
We are pleased with our results, in particular that the business generated cash from operations of R178 million The good results are an indication that Denel is on a path to self-sufficiency, prosperity and sustainability.
"Denel is actively looking at strengthening its presence in its existing, high growth markets and seeking new markets and new clients," Sadik said.
On Denel's high debt levels, the Group's Financial Director, Fikile Mhlontlo, said the funding balance had remained at R1.85 billion, resulting in an annual interest charge of R118 million.
We are engaging the shareholder with a view to restructuring the funding balance in order to reduce the interest burden.
"As a global trading company with nine entities and three associate companies, we are a key player in the development of South Africa's advanced manufacturing, industrial and technology base," he said.
Denel's products, developed through the application of innovative Denel technology, are used primarily to meet the requirements of the South African National Defence Force (SANDF).
Over the past years, Denel's products have been diversified into civilian applications such as civil security, crime prevention, protection of assets, improving workplace safety and productivity and rendering support to the mining and electronic sectors.
During the Soccer World Cup, the South African Police Service and South African Air Force used the Carl Zeiss Optronics observation systems for surveillance purposes.
According to the SANDF, the helicopters will contribute significantly to the ability of the SAAF to fulfil its mandate in peacekeeping operations and to support the future deployment of South African soldiers.
Public Enterprises Minister Malusi Gigaba commended Denel on the good results. "We are pleased to note that there are positive signs of improvement in the majority of Denel business operations," he said.
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Bafana were initially scheduled to play Nigeria, but the Nigerian Football Federation made a dramatic turn and snubbed the deal they signed with South African Football Association (Safa).
"The venue and time of kick-off will be announced at a later stage," he said.
The match is preparation for South Africa's away trip to Niger in the 2012 Africa Cup of Nations qualifier in September.
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However, noting the latest developments in Swaziland, Nkoana-Mashabane said they have urged all the relevant parties in the Kingdom to begin a political dialogue with a view to speedily and peacefully resolve all the challenges facing the country.
The developments in Swaziland have generated international interests and attention, with some calling on South Africa to actively try to address the political situation in that country.
The minister said Pretoria is committed to good neighbourliness and non-interference in other countries' domestic affairs.
"Swaziland has not approached South Africa for any support in lieu of these challenges. The South African Government would consider any request for support in the interest of peace and development in the region."
Nkoana-Mashabane also confirmed that no decision has been made yet on the request from the Swaziland government to borrow money.
"The South African Government is in possession of a request for financial assistance by the Swaziland Government. The request is under consideration," she told the media.
Media reports have been speculating that South Africa has granted the cash strapped Swaziland R10 billion in financial assistance.
Swaziland is Africa's last absolute monarchy, its royals ranked among the world's wealthiest royals by Forbes magazine. The country has high levels of poverty and HIV infections.
The government in that country is running out of money to pay salaries for 35 000 civil servants.
Teachers and other civil servants have refused salary cuts recommended by the International Monetary Fund and have embarked on a series of protests, calling on the government to resign.
Given the current economic crisis, Nkoana-Mashabane said it is unlikely that the country will recover unless there is sufficient funding from an external donor.
"The government will also have to improve its governance and fiscal management system. A strengthened foreign direct investment portfolio would also help to mitigate the financial crisis," she said.
The roadmap deals with sanctions, the constitution, media and electoral reforms, rule of law, freedom of association and assembly, legislative agenda and commitments and actual election issues.
The minister said SADC expects the political leadership in Zimbabwe to implement the SADC decisions.
"South Africa, as a SADC mandated facilitator, remains seized with the situation in Zimbabwe, assisting the political parties to resolve all outstanding issues in the implementation of the Global Political Agreement. The focus is on the creation of a conducive environment for credible, peaceful, free and fair elections," said Nkoana-Mashabane.
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Krugersdorp - South Africans needed to take up more active role in the fight against crime if the country is to make inroads with its crime combating initiatives.
This was the general consensus among speakers at Crime Line's fourth anniversary breakfast in Krugersdorp on Thursday.
The anonymous tip-off line, which was launched in 2007, has recorded a number of successes over the years. Information received through Crime Line and passed on to police has resulted in more than 1 000 arrests.
Speaking at the event, Gauteng Community Safety and MEC, Faith Mazibuko, said initiatives such as Crime Line were vital in the fight against crime.
"For us to really fight crime in Gauteng, we need each one of us to hold in strong partnerships. That way, the few rotten elements that are terrorising our communities will be exposed," she said.
Mazibuko described the province as a gangsters' paradise and a hiding ground for a number of criminals.
It was through initiatives such as Crime Line that police could receive tip-offs about the whereabouts of these "kingpins", she noted.
Mazibuko added that the work done by Crime Line was greatly appreciated and called for Crime Line to expand its footprint.
She urged communities to unite and work together with police to blow the whistle on criminal activities.
Yusuf Abramjee, head of Crime Line, shared her sentiments, saying the fight against crime was the responsibility of every South African.
"We must continue to blow the whistle on criminals because it is our civic duty," he said.
Abramjee also took a minute to remember police officers who died in the line of duty, questioning why some community members were protecting police killers.
The success of Crime Line had caught the attention of other countries, he noted, with Namibia recently requesting for Crime Line and Crime Stop to be launched there.
During a panel discussion at the event, former Cabinet Minister Jay Naidoo said in order to tackle crime and corruption, it was important to get to the root causes. He cited poverty and inequalities as some of the contributing factors to crime.
Gareth Newham, from the Institute for Security Studies, added that the issue went beyond poverty to inequality. Many people became angry and frustrated when they saw the widening gap between the haves and have-nots in society and then turned to crime, Newham added.
He suggested that more money be invested in trying to understand why crime was committed in the first place.
Deputy National Director of Public Prosecutions, Willie Hofmeyer, said more capacity was needed to deal with crime effectively.
He pointed out the need for better skills, more human resources and tougher laws, questioning why someone who shot at police should be granted bail.
There were "fundamental things wrong" in the justice system, he added. However, Hofmeyer also acknowledged that there were no quick fixes and that the only way to address it was for every sector to work together.
Public Protector Advocate Thuli Madonsela, Independent Complaints Directorate Executive Director Francois Beukman and Business against Crime CEO Graham Wright were also part of the discussions.
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The Deputy President, Jacob Zuma, will tomorrow, 29 January 2005, attend the event to commemorate King Sekwati Mampuru and King Nyabela of the Mamone people in Jane Furse, Limpopo.
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All these arrangement are estimated to be achieved with a cost totaling R330-million and the stipulated period for commencement was scheduled to begin as of October 2007, which was adhered to, to be completed by December 2008 - a deadline that is required by Fifa and is very much on track to be achieved.
During the 2010 Fifa World Cup matches; the Bafokeng Plaza is scheduled to operate as a shopping complex but with strict conditions that comply with Fifa and the host city agreements. The management of the sporting premise remains under the municipality of Bafokeng people who have kept this stadium in very good fix. Post 2010 World Cup the stadium will continue to host other sporting activities in the maintenance of its existence, events and others.
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Siloam - President Jacob Zuma has announced plans to build a new R250 million hospital in Limpopo to address the critical challenges of the health system in the province.
He made the announcement during a visit to the province on Thursday, where he focused on health challenges facing the population at one of South Africa's most rural provinces.
The visit to Limpopo by Zuma forms part of the presidential performance monitoring exercise to ensure the implementation of government's 12 Outcomes approved by Cabinet. It was the second of such visits following his trip to the Eastern Cape last month, where he addressed the challenges of education there. He scheduled to visit five other provinces in the coming months.
Addressing scores of people at Siloam village, about 40 kilometres from Beit Bridge, Zuma said the hospital will be built in phases over a period of three years and will replace the old hospital in the area.
"We are here to do performance monitoring and evaluation and we are here to check how government is performing and as part of that, we want to ensure that you are happy with the services that are being rendered to you," he said speaking from a makeshift tent that was packed by locals who had come to listen to him.
Accompanied by Minister in the Presidency Collins Chabane, Health Minister Aaron Motsoaledi and Limpopo Premier Cassel Mathale, Zuma further said that the government's new monitoring and evaluation approach will ensure that issues of health and education become top of the State service delivery agenda.
"The monitoring we are doing is not through papers. It is concrete and we want to see and hear what people are saying, so when something is not working it can be changed," Zuma said after listening to complaints from the residents, who said their health was being compromised as a result of the inadequacy of the current Siloam Hospital.
Earlier, Zuma went on an impromptu walkabout at the hospital where he witnessed firsthand the challenges there and promised to take action.
The people from the dusty streets of the village, who had gathered outside the hospital to welcome Zuma, greeted him with cheers and could not believe he was walking in their midst.
As he passed one of them, Muhatuli Mphepu shouted and demanded that Zuma fire all the managers at the hospital "because they are useless."
"We want you to fire all of them Msholozi because they are useless and people are dying because we do not have a proper hospital system here," she said in TshiVenda.
In his usual calm approach, Zuma acknowledged the woman with a smile and proceeded to the hospital's entrance.
In the presence of Premier Mathale, he later promised at the community gathering that an investigation would look into the challenges experienced at the hospital, which was received by loud cheers from the community.
A sad picture of poverty emerged during the visit, where people living in shacks also tried to plea to the President to address their problems such as unemployment and lack of amenities. But Zuma was quick to point out that his visit had focused on health matters, particularly the issue of the hospital.
He asked residents who had raised other issues to write them down and pass the list to his officials. Insisting on being a programme director for the meeting, the President encouraged those who attended to speak their minds "and don't be afraid of the government."
"No baba come here to the front, come and speak from here next to me so people can see you. Don't listen to that one" he jokingly said after his spokesperson Zizi Kodwa tried to interfere with one of the community speakers.
Nurses also came in for harsh criticism from residents. They complained that they often had to wait for several hours at the hospital before receiving attention.
After the meeting, Zuma was whisked away to a helicopter for another trip to Lebowakgomo, where he visited a hospital before a meeting with officials at the provincial legislature.
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Maharaj who is currently the special envoy handling especially matters in North Africa and the Middle East, and is a member of the Zimbabwe facilitation team will start his new duties with immediate effect.
The Presidency said the former spokesperson, Zizi Kodwa, was in the position on an acting basis.
Kodwa will continue with his tasks as communication adviser, the high office said.
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Pretoria - Labour matters are of concern to business, a survey by the South African Chamber of Commerce and Industry (SACCI) says.
SACCI president Chose Choeu said a survey of SACCI members has shown increasingly negative perceptions of the impact of labour behaviour and demands on the business environment.
"Members cited the skills shortage and the potential for job creation as most concerning. There also appears to be a lingering concern regarding the proposed amendments to labour legislation and continued calls by labour unions to ban labour brokers, despite these issues being negotiated at Nedlac [National Economic Development and Labour Council]," he said.
Strike action that is currently underway, as well as strikes that are looming are also contributing factors, said SACCI.
Currently, workers in the engineering industry are in the fourth day of nationwide protest over wages. The National Union of Metal Workers (Numsa) is demanding a 13 percent wage hike.
"Increased wage and administrative costs associated with significantly above inflation wage demands by unions, will later be passed on to consumers and may have the consequence of reduced employment," Choeu pointed out.
The role of SETAs in technical skills training, especially apprenticeships and job creation objectives of the New Growth Path, among other things, will be discussed at a meeting scheduled for next Wednesday.
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"South Africa's own national commitment to advancing the SKA project has been cemented in all spheres of our Government, including at the provincial level," she said.
Speaking at the SKA meeting held in Banff, Canada, Pandor told delegates at the meeting that much work has been done.
"We have chosen an exceptionally good site for the SKA in a remote region of South Africa, a region with very little economic activity. We have provided statutory protection for the site through the Geographic Astronomy Advantage Act," she said.
The SKA is a multibillion rand international radio telescope that will be between 50 and 100 times more sensitive than any instrument ever built in Africa.
If South Africa wins the bid, it stands to gain international recognition in the fields of science and technology.
Pandor said important milestones related to MeerKAT have been achieved, many of them ahead of schedule.
"Our progress has allowed us to plan to publish tenders for Meerkat at the end of this year," she said.
MeerKAT is South Africa's precursor telescope to the SKA and will consist of 64 dishes, each 13.5m in diameter.
The African Union endorsed the SKA bid at the 15th AU Summit of Heads of State in Uganda last year.
Pandor also said South Africa is committed to providing the world with the largest and most sensitive radio telescope in the Southern Hemisphere until the SKA is completed.
"We hope that the immense potential of MeerKAT will not be ignored when the most efficient and cost-effective roll-out for the Phase One of SKA is considered," she said.
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Pretoria - The Department of Transport will over the next six months embark on an intensive and accelerated programme aimed at addressing all the challenges facing the aviation industry.
The department's director-general, George Mahlalela, on Thursday met with stakeholders in the aviation industry to present the proposed road map, as well as to receive input from the industry.
Briefing reporters about the outcomes of the meeting in Pretoria, Mahlalela said: To this end, the Department of Transport has developed a proposed road map to address shortcomings in the current economic regulatory framework of the regulated entities.
This exercise has been necessitated by different interpretations of both the Airport Company South Africa (ACSA) and the Air Traffic and Navigation Services (ATNS) Acts in both principles and procedural matters.
"Over the next six months, we will be involved in an intensive and accelerated programme addressing all the existing gaps in the aviation industry."
According to Mahlalela, the new road map provides for the formulation and promulgation of regulations to support the purposes and the intentions of the Acts.
He said the exercise will be done in consultation with ACSA, ATNS as well as aviation industry stakeholders.
Mahlalela further said the road map also provides for the review of the funding model of all these regulated entities.
This process is expected to be completed by the end of December this year, in support of the next permission cycle to commence in 2012.
It is clear that broader review of the economic regulatory framework within the transport industry, including the aviation sector, is necessary to enable more predictable, transparent and balanced economic regulatory frameworks going forward.
"This will play a critical role in the facilitation of the implementation of the integrated transport master plan," he said.
Mahlalela said they remain committed to a more stable, predictable and transparent economic regulatory environment conducive to continued strong growth of the aviation sector.
"In this regard, we are working towards establishing a full-time Transport Economic Regulator to assist us to move away from an ad hoc approach. This will allow for improved planning, coordination and efficiency," he said.
Today's gathering also established a Steering Committee to be chaired by Mahlalela to drive the process forward. The committee will meet bi-weekly.
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Pretoria - Hefty penalties will be the order of the day for retailers overcharging consumers on the price of LP Gas, said the Energy Department.
This comes after media reports emerged that some retailers are overcharging the public on the price of LP Gas, which is capped. Last July, Minister Dipuo Peters approved the setting of maximum retail prices for LP Gas supplied to residential consumers. This gas price is adjusted on the first Wednesday of each month along with petrol, diesel and illuminating paraffin.
"Following the recent media reports about some retailers who are overcharging consumers on the price of LP Gas countrywide, the Department of Energy wishes to express concerns over this kind of behaviour that contravenes the Petroleum Products Act, 1977 (Act No. 120 of 1977) as per amended," said the department.
LP Gas prices differ from one Magisterial District Zone (MDZ) to another due to the use of different transport tariffs that are applicable to each zone.
The department emphasised that the regulation of the maximum retail prices for LP Gas that is sold to residential consumers is regulated in terms of the Petroleum Products Act and violation amounts to contravention of the Act.
Anyone contravening the Act faces a fine "not exceeding R1 million or imprisonment for a period not exceeding 10 years, or both such fine and such imprisonment."
As of yesterday, the maximum retail price for LP Gas decreased by 42 cents per kilogram.
The department urged consumers who have complaints about being overpriced to contact regional inspectors in their respective provinces.
Meanwhile, PetroSA is set to increase the production of LP Gas to help alleviate a shortage.
The state-owned company said it will convert a percentage of its Mogas molecules to LP Gas in order to help alleviate the country's acute LP Gas shortage.
PetroSA board chairman, Dr Benny Mokaba, said the decision was made because the LP Gas shortage affected both the motor industry and "the country's poorest" during the recent cold spell.
The decision will result in the company reducing its propane and Mogas production by about 1 500 cubes and 2 000 cubes respectively and in the process, increasing LP Gas production by about 3 000 cubes.
"In a country such as ours, PetroSA's reason for existence is vital. We exist in order to ensure security of supply when market forces fail for whatever reason. It is our fervent hope that our efforts will go a long way towards easing the situation and warming South Africans in these chilly days," Mokaba said.
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Pretoria - Cabinet has approved the the draft Judges' Remuneration and Conditions of Employment Amendment Bill, 2011.
The Bill seeks to amend the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001), which provides for the appointment of judges, including the Chief Justice.
"President [Jacob] Zuma duly extended the Chief Justice's term of office for a period of five years with effect from 15 August 2011 in accordance with section 8(a) of the Judges' Remuneration and Conditions of Employment Act," said Cabinet in a statement on Thursday.
Cabinet further said it was confident in the President's legislative and constitutional authority in extending the term of office of the Chief Justice, and that the Judges' Remuneration and Conditions of Employment Act was constitutional.
"The Cabinet notes that section 165 (4) of the Constitution obliges organs of State, through legislative and other measures, to assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and their effectiveness," it said.
The Bill applies to the Chief Justice and President of the Supreme Court of Appeal and provides that if either has not completed a period of seven years of active service, must continue to perform active service until either completes seven years or attains the age of 75 years - whichever occurs first.
The Bill also provides for the Chief Justice and President of the Supreme Court of Appeal to be discharged from active service at their request, subject to the approval of the President or through infirmity.
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Until section 8 has been given effect to, the South African National Military Veterans Association must perform the functions referred to in subsection (1).
on its own initiative or at the request of the Minister, or of the Director-General, make recommendations to the Minister or the Director-General, as the case may be, and furnish advice on all matters pertaining to military veterans and their dependants.
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Pretoria - Police Minister Nathi Mthethwa says he is concerned about the Human Rights Commission's approach in the case of Cape Town student Chumani Maxwele, who was arrested for gesturing at a presidential convoy.
The SAHRC has found that members of the Presidential Special Protection Unit violated Maxwele's rights.
In February last year, members of the unit arrested and detained Maxwele for gesturing with his middle finger at a convoy of police vehicles, which was transporting President Zuma.
During the incident, Maxwele was also alleged to have resisted arrest. This led the FW de Klerk Foundation's Centre for Constitutional Rights to lodge a complaint at the SAHRC on behalf of Maxwele.
The police ministry informed the SAHRC that there was a civil litigation that had been instituted against South African Police Service (SAPS) regarding this incident and that the case had been filed in the Cape Town courts.
On numerous occasions, the minister has appealed to the SAHRC not to prejudge the outcome of this case and to allow the legal process, which Maxwele opted to use, to take its course.
"Any apology by the minister would be tantamount to pre-judging the case," he said.
On Thursday, the SARHC said: "After conducting an investigation into this matter, the commission found that indeed, the following rights were violated namely: Human Dignity (Section 10); Freedom and Security of the Person (Section 12); Privacy (Section 14); Freedom of Expression and peaceful/unarmed demonstration (Sections 16 & 17); Political Choice (Section 19) and the Rights of Detained Persons (Section 35)."
The commission also recommended Mthethwa apologise to Maxwele and take steps to ensure the SAPS acts in terms of the Constitution and the law.
However, Mnisi said the ministry has concerns about the manner in which the investigation was carried out by the commission and whether all parties, including the Presidential Special Protection Unit personnel, were actually afforded an opportunity to be heard and put their sides of the stories forward.
The only correspondence we received from SAHRC indicates that they wish the minister to make an apology and that they have ruled in favour of Maxwele. We have not been given an opportunity to see on what basis the commission arrived at this decision.
"Finally, it would appear the SAHRC does not fully understand the structural reporting lines and operational functions within SAPS," said Mnisi.
According to Mnisi, the command and control lies with the National Commissioner of Police and not the minister.
"The question further arises whether the National Commissioner was even provided with an opportunity to answer the allegations levelled by Maxwele," he said.
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Pretoria - The Presidency has reiterated government's commitment and support to the work and Office of the Public Protector.
In a statement on Thursday, the Presidency noted "with concern continued media reports that suggested the Office of the Public Protector was threatened and was being undermined."
"The Public Protector has an important role to play in our constitutional democracy and should be respected and given the space to do its work," it said.
Media reports earlier this week claimed that Public Protector Thuli Madonsela would be arrested on charges of fraud, allegedly committed while she worked as a commissioner at the SA Law Commission four years ago.
Madonsela denied the claims and said in a press conference on Wednesday there were no documents showing that she had committed any fraud.
The Presidency said the Public Protector, as an institution of state, should be allowed to do its work without fear or favour and without hindrance.
"While the Presidency recognises that no person is above the law, any law enforcement agency established through our constitution should be free to do its work within the framework of the law," it said.
Justice Minister Jeff Radebe has stressed that his department had made no request to the SAPS to investigate or act against Madonsela.
I am satisfied that the conduct of the Public Protector, in relation to what had to be investigated - whether or not there was a duty to disclose or that she was operating a profitable business entity - did not constitute a violation of any prescripts or laws.
"At no point did the department, during the inquiry, report the matter externally to any law enforcement agency for criminal investigation. If at all there is any investigation against the Public Protector, the Justice Department is not a complainant," said Radebe.
The statement said the internal Justice Department inquiry, launched against Madonsela after her appointment to the South African Law Reform Commission (SALRC) in 2007, had found she had not violated any prescripts or laws.
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Boksburg - Police men and women are not recruited so that they can be slaughtered by criminals, says National Police Commissioner Bheki Cele.
"We do not recruit men and women to join the South African Police Service (SAPS) so they can be slaughtered," Cele told a summit on police killings on Friday, convened by the ministry.
The commissioner said police are faced with having to deal with professional operatives, who plan their operations with military precision. He described these criminals as not your run-of-the mills thugs, who simply wake up one day and decide they are going out on a score.
"You tell me that I should send out my colleagues who are only trained to maintain the peace among ordinary civilians to be slaughtered by these para-militaries We won't do that," remarked Cele?
He said "extra-special thugs" who have over the years killed police officers deserve the attention of extra special police.
Also speaking at the summit, Police Minister Nathi Mthethwa said since the beginning of the year nationwide, 48 police officers have been killed, adding that the high murder rate of officers affected the morale of other officers while also traumatising the families and other colleagues.
"Police are human, we refuse to be dehumanised," said Cele, adding that members of the SAPS specialised units "did not simply wake up and decide to go into the streets to instigate violence."
"They only go out on a strictly by invitation only basis."
The extra mental and physical strain placed on special units as a result of having to protect the public from violence was also noted by Cele, saying that they are monitored for post-traumatic stress disorder during and after their period of service.
The commissioner said that in the ideal South Africa, the role of the SAPS would be to prevent crime from taking place as opposed to reacting to criminal incidents.
Cele also expressed concern at the frequency of police funerals. "Hardly a weekend has gone by without us in the SAPS family having to bury one or more casualties. It is painful having to give caps and national flags to widows."
Even though this was happening, police officers continued to do their jobs.
Cele said the men and women in blue are sent to refresher and advanced training at regular intervals, adding that fitness has also been placed under the spotlight.
The commissioner also spoke out against officers who do not wear their bulletproof vests while on duty.
Secretary of Police, Jenni Irish-Qhobosheane, said research conducted in 1999 to 2000 showed that the highest number of police officers killed was constables and that in 20 percent of cases, officers were killed while responding to crime calls.
Those attending the summit, including research and academic institutions, Community Policing Forums and NGOs, amongst others, are expected to sign a pledge at its closing.
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Pretoria - The recent spate of police killings in South Africa was a direct threat to the country's hard-won constitutional democracy, Police Minister Nathi Mthethwa said on Friday.
Speaking at a summit against police killings in Boksburg, Mthethwa called on society to help the police end the killings, which he described as a threat that should not be taken lightly.
The summit was an affirmation of the country's stance against any "mauling" of law enforcement agencies.
At least 48 police officers have been killed nationally since the beginning of the year, with Gauteng being the worst affected province, followed by KwaZulu-Natal.
"We are saying enough now! One police life lost is one too many. We need to do something about it, collectively and as individuals. As the first step, as experts gathered at this summit, we shall be drawing from your expertise and support in curbing this scourge," Mthethwa said.
He said since 1999, some of the approaches and initiatives that have been implemented by the SAPS, include the establishment of a Multi-Disciplinary Committee to address attacks on police members.
The Directorate for Police Safety was also established within the Crime Prevention Division in 2001. It was tasked with identifying and implementing measures to prevent attacks on and the killing of police officials.
On Friday, Mthethwa said high levels of murder of police officials affected the psyche of police.
"These deaths lead to uncertainty and feelings of insecurity within the police. In some cases off-duty police officers are known and specifically targeted even when off-duty."
He added that government was committed to fighting crime, not just police killings. Work was also underway to strengthen and where appropriate, formalise relationships with various stakeholders, with a view of attracting the diverse skills which may not necessarily be available within SAPS.
This effort involved partnerships with communities, civil society, business and other government departments.
"We are also confronting a broad range of challenges on issues like CPFs, volunteer programmes, alignment of plans and activities. In all these, police should take the lead in keeping with their Constitutional mandate of honest, dedicated, selfless sacrifice and service to society."
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Sandton - While South Africa has made significant strides in improving access to justice for its citizens, factors such as poverty, lack of education and resources, continued to hinder government from delivering on this constitutional right, says President Jacob Zuma.
Addressing the Access to Justice Conference in Sandton on Friday, Zuma stressed that access to justice was a fundamental and democratic right, and was a central pillar of a free and equal society.
Zuma was delivering the keynote address at the conference hosted by Chief Justice Sandile Ngcobo, together with the heads of court.
He acknowledged that the country had gone a long way since 1994 to ensure that all South Africans had access to justice.
The adoption of the Constitution, the equality clause in the Bill of Rights and Chapter 9 institutions had helped achieve that progress, the President noted.
Highlighting the obstacles that stood in the way of everyone accessing justice, Zuma touched on the working conditions of judicial officers, which included poor and inadequate support services, a lack of chambers for judges and insufficient courtrooms.
"The other side of the coin is the difficulties for the recipients of justice, especially the poor. Their situation is more desperate because unlike judicial officers, they are powerless and usually cannot solve the conditions they find themselves in," he said.
Poverty was another impediment to the access of justice for a number of people.
Many people do not know the law and do not exercise their rights due to "poverty-related lack of education and ignorance."
There was a need for citizen education about the justice system so that people knew their basic rights, the different courts and structures which they could turn to when they had problems, Zuma said.
Access to justice was also hindered by language with some cases being lost due to incorrect interpretation by interpreters, and a lack of transport, which made it difficult for people who lived far from the courts to reach them.
With regards to the efficiency of the court system, Zuma said challenges included the failure to deliver judgments on time; unreasonable delays in finalising cases; unwarranted and unsubstantiated court orders and poorly considered judgments.
"All these have the devastating effects on the lives of our people and put strain on state resources too," he acknowledged.
Zuma cited the lack of communication on cases as a source of frustration. People often travelled long distances only find out that a case had been postponed.
Government was exploring ways to ensure that victims of crime attend court sittings when they are fruitfully dealt with in court, he added.
Zuma also noted the court's commitment to dealing with court backlogs, some judicial staff in the North West even working on Saturdays to address the backlogs.
The President also pointed out that the government was involved in a number of initiatives aimed at improving access to justice.
The maintenance and Master's services had been identified as areas that must receive utmost attention, as these issues affected the welfare of people.
"We know too well that implementing an effective maintenance recovery and payment system would reduce dependence on the child support grant as more and more working parents will be compelled to support their children," said Zuma.
More effort was also being put in to turn around the Master's office to improve services relating to the winding up of estates of the deceased and the administration of insolvent estates.
He also noted efforts to cater for access to justice for children, women and civil claims.
Zuma also highlighted the need for judicial independence, adding that government remained committed to the independence of the judiciary as entailed in the Constitution.
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Johannesburg - About 1 019 nurses in Gauteng have been trained to initiate ARVs to shorten the waiting period for people who need to be put on treatment.
Gauteng Health and Social Development MEC, Ntombi Mekgwe, announced during the department's budget for 2011/2012 that R1.912 billion has been allocated to strengthen the fight against HIV and Aids.
She noted that by the end of March 2010, a total of 416 941 people were on ARVs, adding that the department's target is to increase this number to 520 000 by March 2012.
"In order to provide treatment closer to where people live, ARV sites will be increased to 385 by the end of March 2012," said Mekgwe.
Mekgwe also noted that mass education to encourage safe sex through schools, wards and NGOs has already reduced new HIV infections in youth between the ages of 15 to 24 years significantly.
The launch of HIV Counselling and Testing Campaign by President Jacob Zuma last April has begun to bear fruit, as more than 2.7 million people in the province had tested by mid June 2011.
Mekgwe said services for medical male circumcision will also be up scaled to reach 125 000 males by the end of March 2012.
However, TB remains a burden to the provincial health system, as it continues to be the number one killer among HIV positive patients.
We have noted that admission of multi-drug resistant TB patients for up to 18 months at Sizwe Hospital disrupts their livelihoods, especially if they are breadwinners That is why we will soon launch the Community Multi-Drug Resistant programme to ensure that these patients continue receiving treatment while living with their families.
"These patients and families will be supported by Directly Observed Treatment Supporters," Mekgwe said.
GeneXpert technology has been procured and is already available at Chris Hani Baragwanath Academic and Edenvale Hospitals. The technology shortens the waiting time for sputum results to two hours, reducing the probability of patients not coming back for results.
An amount of R299.468 million has been allocated to fight the scourge of TB in 2011/2012. This excludes management of TB at district level; and R82.851 million has been allocated for preventing and reducing substance abuse.
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Pretoria - Gauteng Health and Social Development MEC, Ntombi Mekgwe, has appealed to communities to work with the department and law enforcement agencies to identify and prosecute drug lords and runners responsible for ruining the lives of children.
"A concoction called nyaope is wreaking havoc among the youth of Tshwane townships. These people [drug lords] are known and they need to be exposed! We will intensify our programmes with young people in that region," Mekgwe said.
The department has prioritised expansion of care programmes to people who have been treated for substance abuse among previously disadvantaged communities. The department has also committed to establish eight more local drug action committees in order to strengthen interventions at local level.
"In the year ahead, 26 non-profit organisations (NPOs), which render outpatient treatment programmes, will reach 6 500 beneficiaries. Seven in-patient treatment centres will provide services to 1 820 clients. In addition, aftercare services rendered to persons who have been treated for substance abuse, will reach 12 250 beneficiaries," Mekgwe said during the department's Budget Vote on Friday.
The department has allocated an amount of R82 851 million towards programmes that are aimed at preventing and reducing substance abuse.
Mekgwe said a provincial strategy is being implemented by the department on the prevention and management of substance abuse and also increase availability and accessibility of in-patients and out-patient treatment centres by making use of provincial state clinics and some hospitals.
The department further commits to continue collaboration with soccer players regarded as legends and role models by millions of young people, to spread the message that "doing drugs is not cool."
"During the 2011/12 financial year, some of our clinics will be adapted to accommodate patients from out-patient treatment centres, making the service more accessible and youth friendly," Mekgwe said.
To achieve this, health promoters, including social workers and auxiliary social workers, will be trained on substance abuse.
The department also committed to strengthen its community based care and support services through extension of funding to 52 home based care NPOs rendering services to 12 010 frail older persons in the community.
An amount of R244 400 million has been allocated to care and services to older persons, R103 481 million allocated to persons with disabilities, whilst the budget towards Victim Empowerment Programmes has been increased by 97 percent to R38 915 million; R14 350 million has been allocated to programmes that are aimed at youth empowerment.
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"The Public Protector must be given time to complete what she is working on without interference," the minister said.
This comes after she was asked about the lease agreement by the police for the Sanlam Middestad Building in Pretoria and the leaked report.
Following the Public Protector's investigation into the matter, her findings were that the Public Works Department's decision to continue with the deal, despite legal opinion advising against it, amounted to maladministration. The Public Protector rendered the lease invalid.
Yesterday, government reiterated its commitment and support to the work and Office of the Public Protector.
With regard to the meeting she had with the MECs, Mahlangu-Nkabinde said among other issues discussed was the removal from the database of contractors who fail to finish their projects.
"We have taken a decision to remove and blacklist all those contractors who fail to complete their projects," she said.
Explaining how the process will be carried out, the department's Acting Deputy Director General, Sam Vukeli, said those contractors identified will receive letters about the department's intentions and they will also be given an opportunity to respond and give the reasons they are unable to finish the projects.
"The department will then asses the reason and decide based on that," he said.
Commenting on the Expanded Public Works Programme (EPWP), Mahlangu-Nkabinde said the programme was well on track and that she was satisfied with the progress.
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Pretoria - Congratulatory remarks continued to pour in following the official declaration of South Sudan as an independent State on Saturday.
President Jacob Zuma joined other African leaders in wishing the new country, which was formed in accordance with the provisions of the Comprehensive Peace Agreement (CPA), well.
"This historic moment is a fulfillment of the wishes of the people of South Sudan for self determination," the Department of International Relations and Cooperation said on Zuma's arrival to South Sudan on Saturday.
It said the President was also expected to use his attendance as an opportunity to strengthen political and economic relations between Khartoum and Pretoria.
"The independence of the Republic of South Sudan marks the beginning of a new journey during which South Sudan institutions must work together to consolidate democracy, government and parliamentary institutions and address the pressing challenges that the country faces," the department said.
South Africa welcomed the recent signing of two crucial temporary arrangements for the administration and security of the Abyei region between the Government of the Republic of Sudan and the Sudan People's Liberation Movement (SPLM).
The agreements also included the signing on 28 June 2011 of the Framework Agreement on Political Partnership between the National Congress Party (NCP) and SPLM (Northern Sector) on Political Partnership and Political and Security Arrangements in Blue Nile and Southern Kordofan between the Government of Sudan and the SPLM (Northern Sector).
"These significant developments come at a crucial time when the two parties to the CPA need to apply all efforts to ensure the peaceful transition and birth of a new State. South Africa has confidence that the African Union High Level Implementation Panel, led by former President Mbeki, will reap more positive results in the negotiations between the parties to the CPA over the outstanding post-referendum issues."
The department added that Pretoria will continue to support efforts aimed at ensuring a peaceful and stable environment in South Sudan that will create conditions for the entrenchment of democracy and the development of government institutions for the betterment of the people of that country.
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Today is a significant and most historic moment for the Sudan, Africa and the world. We are honoured to be here with you to witness the dawning of a new era.
Our presence here enables us to congratulate the Government of Sudan for staying the course and creating an enabling atmosphere to ensure that the referendum for the secession of the South was peaceful and an expression of the will of the people.
"We know that many are uneasy about the independence of the South. Change always brings uncertainty and discomfort. However, we are pleased at the general acceptance of the reality of the independence of the South, and that this historic development is an expression of the will of the people," Zuma said on Saturday.
He said an African solution had been delivered to an African problem. We have shown the world yet again what we are capable of as Africans. Africans, from Cape to Cairo, are today walking tall celebrating this historic moment, and acknowledging the commitment of the people of both the north and south to peace and progress.
"As South Africa we are truly humbled to have contributed to ensuring a sustainable peace in the Sudan. We have always aspired to witness the dawn of peace, security and stability prevailing in the whole of the Sudan. That dream is coming to fruition."
South Africa has contributed significantly to the Post-Conflict Reconstruction and Development (PCRD) programme through a number of Capacity and Institution Building Projects in the Sudan since the signing of the Comprehensive Peace Agreement in 2005. South Africa also chairs the AU Post-Conflict Reconstruction and Development Committee on the Sudan.
We want to ensure that these initiatives and projects for development continue to assist the people of Sudan in carving a prosperous future. It is South Africa's hope that the Government of Sudan and the new Government of South Sudan will engage in a partnership with South Africa to the improvement of relations on the economic and bilateral front.
The Government of South Africa would like to emphasise that both north and south should create an atmosphere of cooperation. South Africa stands ready to serve as a bridge between the neighbours to ensure that mutual trust and peace prevail, said the President.
We congratulate the people of Sudan. They now need to be afforded support and the space to heal from the experience of war and move forward towards a better life for its citizens. Furthermore it is South Africa's wish to see Sudan solidifying its democracy and to take its rightful place in peace-building in the African continent.
"Sudan (both north and south) needs to serve as an example and a beacon of hope not only to the African continent but to the world at large," said Zuma.
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Pretoria - Public Protector Adv Thuli Madonsela will this week kick-off a nationwide road show aimed at giving feedback on her work and enhancing relations with key stakeholders, including organs of state, civil society and political parties.
In a two-month programme, the Public Protector will hold one-on-one and mass meetings with identified stakeholders, with dialogue focusing mainly on remedial action and administrative justice.
The stakeholder consultative forums will be launched tomorrow at the Sheraton Hotel in Pretoria during a panel discussion session to be attended by academics, heads of Chapter 9 institutions, civil society leaders and commentators, among others.
This will be followed by a tour of all provinces, where the Public Protector will spend two days in each province conversing with interest groups and the general public.
Other stakeholders to be targeted as part of this process include Parliament and Cabinet.
According to the Office of the Public Protector, concerns about the remedial action have often been raised, but ignored by some organs of state, who dispute the findings of investigations, leaving complainants in a state of despair.
Among other things, it has been established that those who disregard the Public Protector's remedial action do so is as a result of lack of proper understanding of the institution's constitutional mandate.
"This process will therefore seek to highlight the plight of complainants whose livelihoods are negatively affected by such actions that deal a blow to their rights to just administrative action," the office said in a statement.
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Pretoria - Case flow management, electronic filing and alternative dispute resolution are crucial elements required to improve the efficiency of the country's courts, the Access to Justice Conference has found.
The conference, which drew to a close in Sandton on Sunday, acknowledged that the country's justice system suffered from certain deficiencies, which undermined the delivery of accessible, quality justice for all.
Those attending the conference - including traditional leaders, civic organisations, the Portfolio Committee on Justice, members of the legal profession and the Department of Justice and Constitutional Development - made a strong commitment to address these deficiencies.
Case flow management - which would facilitate the just, speedy and inexpensive resolution of cases - was identified as one of the ways to enhance the effectiveness of the country's courts.
The implementation of an electronic filing system and alternative dispute resolution mechanisms would also help the courts become more efficient.
The conference decided that Chief Justice Sandile Ngcobo should establish a committee on Access to Justice to pursue fundamental improvements in the justice system in order to ensure that it is accessible to all.
This committee will include representatives from the judiciary, the legal profession, the executive, the legislature, civic society and public interest law groups.
It will also have sub-committees that will focus on case flow management, e-filing, alternative dispute resolution, as well as the civil and criminal justice systems.
The importance of independent and impartial courts; public confidence in the judiciary; ensuring everyone had access to courts; and the need for the judiciary to be accountable were identified as some of the fundamental principles on which the country's ideal justice system should rest.
The role of the media and other branches of governments were also highlighted.
The conference noted that the media had a role to play in promoting access to justice and confidence in the justice system, while other branches of government had an obligation -through legislative and other means - to promote the accessibility, effectiveness and efficiency of courts.
"Ultimately, in order for our goal of delivering accessible quality justice for all to succeed, it will require that the three branches of government work together, and with all stakeholders, to approach the constitutional obligation that we share with mutual respect and ongoing communication," the Justice Department said.
The conference, hosted by Ngcobo and heads of courts, brought together 350 delegates from more than 11 countries.
"This conference was historic in that the three arms of government - the Judiciary, the Executive and the Legislature - came together to reflect on the state of our justice system consistent with their shared responsibility to give effect to the constitutional duty to provide access to justice," the department noted.
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Pretoria - The National Rural Youth Corps (NARYSEC) will today kick-off their campaign to honour former President Nelson Mandela by cleaning schools and clinics in the deep rural areas of Limpopo.
The NARYSEC is the Department of Rural Development and Land Reform's two-year programme aimed at empowering rural youth from each of the 3 300 rural wards across the country.
Madiba's birthday was declared Nelson Mandela International Day by the United Nations in 2009. He turns 93 on July 18.
Mandela Day encourages people the world over to spend 67 minutes of their time making a difference in their communities in honour of the world icon, who spent 67 years of life working to build a better life for all.
Head of communications at the department, Eddie Mohoebi, said NARYSEC participants are encouraged to play a positive role in their communities, especially in creating sustainable socio-economic development.
Moheobi said NARYSEC participants will continue with their activities, which include painting schools and clinics, and revitalisation of food gardening.
In Mpumalanga, Mohoebi said NARYSEC will link up with the department personnel to serve lunch at a shelter for the homeless.
The Vodacom campaign will afford the 6 000 employees and executives of the company an opportunity to give back to communities.
Vodacom's Executive Director, Mthobi Tyamzashe, said: "Our employees are enormously excited about the contribution that they can make all over the country. As an organisation, we are pleased that we are serious about creating possibilities and changing lives."
The cellular phone giant is the co-sponsor of the eight-day Mandela Day Bikers' Tour to rural communities in Free State, KwaZulu-Natal, Mpumalanga and Swaziland.
The bikers' tour will see a group of celebrities and business people stopping at various charities along the route to devote 67 minutes of their time to community projects.
Today in the Western Cape, Vodacom will be revamping and cleaning up the garden at the community centre in Khayelitsha by planting trees, installing drip irrigation and shade cloths for growing seedlings.
In the Eastern Cape, Vodacom will be protecting children from the sun by erecting shade cloths over the sandpit, installing basketball hoops and two goalposts to create a mini soccer field at 1000 Hills Community Centre.
On the 13th and 14th, employees will educate children on the dangers of drug and alcohol use by supervising them, preparing and judging a talent show, a motivational talk and the provision of food in Mpumalanga.
On Mandela Day, they will be in the Free State, Northern Cape, southern Gauteng and Midrand painting and installing econo-heaters to keep the children warm during these cold winter days; installing hotdog stands for the homeless children and revamping and cleaning the education centre at the Sandton SPCA to make the environment better for animals and staff.
Their campaign will end on July 19 at Waterberg Welfare Society, providing support to individuals infected and affected by HIV and Aids.
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The bikers began their 2 200-km tour this morning at Montecasino in Johannesburg and they will ride through Gauteng, Free State, Kwazulu-Natal and Mpumalanga, as well as a crossover through Swaziland to further spread the ethos of Mandela Day.
"It follows an earlier heritage stop-off on July 12, which will see the group clean the monument and create a garden, including the planting of the 'Mandela Gold' Strelitzia at the site in Howick where Nelson Mandela was captured in 1962," he said.
Bikers for Mandela Day acts as an inspiration for individuals around the world to donate 67 minutes of their time to give back in service to communities.
In 2011, the riders and support staff will donate 67 minutes of time at seven rural community projects along a more than 2 200 kilometre route.
Spearheaded by Nelson Mandela's executive assistant of over 17 years, Zelda la Grange, Bikers for Mandela Day is an integral part of the annual Mandela Day activities, a call to action for individuals everywhere to take responsibility for changing the world into a better place, one small step at a time, just as Mandela did.
Activities can be submitted on the Mandela Day website, which also features an interactive map to keep up-to-date with Bikers for Mandela as they take on their most challenging route yet.
"The Mandela Day philosophy is to take action, inspire change and to make every day a Mandela Day. If all of us contribute in some way, whether 67 minutes or more, it will result in a transformative momentum. The Bikers for Mandela day are contributing greatly to this," says Achmat Dangor of the Nelson Mandela Foundation.
People can follow the ride on Twitter (@Bikers4MandelaD) and http://www.mandeladay.com/bikers.
On Nelson Mandela Day, July 18, members of the public can pre-book for lunch at the Royal Elephant Hotel in Pretoria, which is where the group will be arriving at around 2pm.
The cost for the lunch is at a reduced rate of R120 a head (the usual price is R175). Bookings for the lunch can be made directly with Surina on (012) 658-8018, (012) 658-8000, surina@royalelephant.co.za or info@royalelephant.co.za.
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Cape Town - Public Enterprises Minister Malusi Gigaba says the country will not experience power cuts similar to those witnessed three years ago due to electricity generation shortages.
"Eskom has instituted a quarterly power system alert briefing to the public and has indicated that whilst the system is tight, it envisages being able to mitigate any power supply shortages this winter," said Gigaba.
But he noted the "tightness of the system and the need to remain vigilant and redouble our efforts to ensure that our current generating capacity is maximized in the face of a constrained system."
Gigaba was responding to questions from the Democratic Alliance (DA) in the National Assembly on whether he envisaged power cuts similar to those of 2008 and whether he planned to implement any saving mechanisms.
The Freedom Front Plus also echoed the same sentiments, asking him whether he had plans to prevent load shedding this winter.
The minister said that much needed to be done on the energy efficiency and demand side.
He highlighted that "a small contribution to reducing electricity usage through more efficient practices by each consumer would yield significant benefits in terms of system stability and security of electricity supply."
Eskom was currently running an intensive energy saving campaign - the 49 million campaign - which is aimed at voluntary participation by all South Africans to utilise electricity more efficiently, he said.
This would reduce the current levels of electricity consumption in support of the electricity supply security.
Gigaba said that Eskom had "interruptible contracts" with its big customers to curtail their power supply during periods of shortages.
The power utility also had a programme to "buy-back" capacity from certain qualifying and contracted customers during times of need.
The minister said there were "no immediate plans to place quotas on the direct users of electricity."
But he added that "a mandatory energy conservation scheme, which would seek to impose certain efficiency/savings requirements on power users is under development and a broad consultation is in progress."
Among Eskom's several interventions to prevent load shedding, the company had commissioned 315 megawatts additional capacity from its return-to-service (RTS) programme. Modifications to one of Eskom's generators had yielded an additional 30 megawatt capacity.
"Eskom has also highlighted that the risks to the system are set to increase as we go forward until the delivery of power from the first unit of Medupi Power Station and that the contribution by every South African to use electricity more efficiently is needed to ensure security of electricity supply in the medium term," said Gigaba.
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The past three fiscal years have been difficult for the province, with diminished collection rates from revenue sources and the sharp decline in equitable share, which led to cash flow problems. This was also due to poor financial management, resulting from unauthorised spending by some departments.
"This spread our budget too thin, threatening our ability to fully resource our priorities and meet our service delivery agreements," Nkomfe said.
The province then undertook austerity measures while shifting available funds to finance priority outcomes, and also implemented containment measures and contract management reform processes, among others.
"I would like to report that as a result of [several] measures, we are slowly but surely restoring the fiscal well being of the Gauteng Provincial Government," said the MEC, adding that signs of improvement included the tabling of a balanced budget in 2011/2012 financial year.
Nkomfe said the province has not budgeted for a deficit. "We don't have a deficit."
Asked about how much money has been lost as a result of corruption, Nkomfe said this has not been quantified.
In the year to March 2011, the province generated revenue of R2.8 billion which is an increase of R100 million from the adjusted R2.7 billion appropriation.
"This was from motor vehicle licenses, gambling and betting taxes and hospital patient fees."
The Departments of Roads and Transport, Economic Development and Health and Social Development contributed R1.7 billion, R535.1 million and R438.4 million respectively to revenue. These departments contributed 97 percent to revenue for the year under review.
On the issue of supplier payments, the province has experienced problems with service providers not being paid within the stipulated 30 days timeframe after receiving an invoice. This, however, is improving, said Nkomfe.
In the next three years, the province will spend R30 billion maintaining existing infrastructure and building new facilities, which is expected to create jobs.
"On the centralisation of procurement, the challenge of expertise has been highlighted as far as the evaluating of tenders, proper planning, and also ensuring that at the end of the day contractors are paid on time. The centralisation will, in a way, try to deal with those issues, to ensure that [we] bring on board appropriate expertise," acting head of department, Nomfundo Tshabalala explained.
She said, however, the decision making processes of tenders still lies with departments' accounting officers.
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The Gauteng province charges a nine percent tax rate to casinos, making it the lowest casino tax rate in the country. The most populous and smallest province in the country has not reviewed this tax rate in 13 years.
"We are clear that we need to change the situation. Consequently the Gauteng Department of Finance, in collaboration with the Department of Economic Development, has started a process that will lead to the review of the casino tax rate in the province," said Nkomfe.
The department was briefing media on the financial position of the province.
The Western Cape charges up to 17 percent in casino tax rates, which is the country's highest rate. Other provinces charge between 12 and 15 percent.
"We'll take a decision. Without doing that, our revenue will not improve," said Nkomfe.
In the year to March 2011, the Gauteng Provincial Government generated R2.8 billion.
The department highlighted that demand for public services is growing in the province due to an ever-increasing population.
"As a result, this situation calls for intensive measures of revenue collection to be adopted," said Nkomfe.
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Pretoria - Sexual and reproductive health took centre stage on Monday as Social Development Minister Bathabile Dlamini called for debate on improved family planning.
"We must try and exercise this right and discuss these issues with young people. We will upscale our campaign [reproductive health] and the starting point is abstaining," Dlamini said.
While commending social networks, Dlamini, however, warned that there are predators who misuse them and give the wrong information to young people. The minister challenged parents to play their role by talking to their children regarding such issues.
"We were able to stand up to peer pressure due to the role of parents. They must also take responsibility instead of relying on government."
Addressing a two-day seminar, which coincided with World Population Day on Monday, Dlamini noted that South Africa had experienced a decline in fertility due to improved access to primary health facilities as well as strengthened sexual and reproductive health rights, especially for women.
She noted that this has been complemented by the decline in mortality, set off especially by increased access and effective management of HIV and Aids.
Dlamini further noted that it was only when women have fewer children than before the demographic transition that they are able to take jobs outside of the home. In addition, women tend to be better educated and more productive in the labour force.
"Their participation in the labour force, in turn, enhances their social status, decision making in matters such as family planning and personal independence. Family income can be focused more upon better food for infants, including girls, and their income can also go towards prolonged education for girls and teenagers of both sexes, to improve their life prospects," Dlamini said.
Turning to the youth, Dlamini said Population Day should not be about an event but the focus should be on young people, adding that as from next year, the department will give prominence to population development and engage youth.
Dr Eddie Mhlanga, Cluster Manager at the Department of Health, noted that sexual and reproductive needs of younger adolescents are not being addressed.
"Sex is at the forefront but as parents we shy away from discussing those issues. We need to strengthen sexual reproductive health education in schools. Prevention of sexually transmitted conditions, prevention of abuse and traditional rites and ritual through male circumcision," Mhlanga said.
"The youth is facing a number of challenges including teenage pregnancy, substance abuse, HIV and Aids and crime They are counting on us to lead the way and we need to be clear in thinking and planning, otherwise there would be no development if we leave young people behind," said Zacarius.
Echoing Zacarius's sentiments, Mark Schreiner, who is the officer in charge at the United Nations Population Fund, said investing in young people is a smart decision the country could make and called on youth serving organisations to take advantage of the opportunities that exists and educate themselves as tomorrow's leaders.
World Population Day was commemorated under the theme 'Seven Billion People Counting Each Other', which calls for action and an opportunity to engage with people about what it means to live in today's world.
It is expected that the world population will reach seven billion by October this year.
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The theme for this year's awards is, 'Today's Leaders, Tomorrow's Legends'. The awards will be held on 21 August at Sun City in the North West province.
The event is a programme of the Sports and Recreation Department in partnership with the South African Broadcasting Corporation (SABC), South African Sports Confederation and Olympic Committee (SASCOC) and the North West Department of Sports, Arts and Culture.
Mbalula said: "The Sports Awards are imperative as they are not only a platform for incentive and jollity for sport excellence, but a celebration of human triumph."
The award categories are: Administrator of the Year; Sportsman of the Year; Sportsman of the Year with a Disability; Sportswoman of the Year; Sportswoman of the Year with a Disability; Team of the Year.
Newcomer of the Year; Coach of the Year; Steve Tshwete Lifetime Achievement Award; Volunteer of the Year; Minister's Award; Indigenous Games Star of the Year; Federation of the Year; Photographer of the Year; Journalist of the Year and Sports Star of the Year.
To ensure that the awards are fairly done, an auditing company will be appointed to oversee the process.
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Cape Town - Archbishop Emeritus Desmond Tutu has praised former President and world icon Nelson Rolihlahla Mandela, and wished a happy birthday in advance.
Tutu said South Africa was where it was today because of Nelson Mandela, who championed reconciliation.
"Madiba, thank you for being who you are," said Tutu, reminding the nation that though there were still problems to be solved, "we have touched greatness."
"Let's make this country one we are proud of he (Madiba) said that we can reach for the sky, the sky is the limit especially for the young people."
Tutu, alongside Cape Town mayor Patricia de Lille, addressed a huge contingent of journalists during the unveiling of the Mandela Legacy Canvas at the City Hall.
The canvas project was initiated during last year's FIFA World Cup and featured the handprints of 67 celebrities, in line with Madiba's call for everyone to contribute at least 67 minutes on International Mandela Day to help the needy.
The unique artwork consisted of handprints stitched together in the shape and colours of the South African flag.
The canvas was edged with Madiba's slogan of "Love, Hope, Peace and Unity" in colourful beads sewn on by crafters from Khayelitsha township.
De Lille said that on Friday, in honour of Madiba, Eastern Boulevard in the city centre would be renamed the Nelson Mandela Boulevard.
The renaming event is set to be marked with a sit-down dinner and stage production to celebrate the life and times of Madiba, and a charity auction as well as a mayoral announcement in commemoration of the former president.
The mayor said that the 67 minutes of charity work, as desired by Madiba, should become part of the nation's culture.
She said that Madiba "gave us the instruction not to forget the poor His wish is that the 67 minutes should become part of our culture."
Once the canvas was auctioned, De Lille said that the proceeds would go towards the Mandela Children's Foundation and the Mandela Foundation as well as other charities.
This year, the mayor will spend her 67 minutes at a home of the disabled in Gugulethu township.
Tutu said people should spend the 67 minutes by doing "what God moves you to do."
That, he said, could mean "giving a smile to someone or wiping a tear or giving away R1 million!"
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Pretoria - In an attempt to ensure that more learners are successful in completing the tough requirements of engineering degrees, the John Orr Technical High School is to be turned into an Academy for Engineering and Technology.
Creecy said the aim of the project is to ensure that there is a steady stream of highly talented and competent entrants into the engineering faculties at the local universities.
"This will be done in collaboration with University of the Witwatersrand and University of Johannesburg, learners will be identified from across the province and accommodated at John Orr Tech, where they will receive a high quality education including complementary science-related extra and co-curricular programmes," Crecy said.
She added that the department is confident the project will ensure more learners from this province enter universities and are successful in completing the tough requirements of engineering degrees and leave universities with the requisite skills for gainful employment.
An outstanding alumnus of John Orr Tech is Frank Ogilvie, a South African, who is an aeronautical engineer and was responsible for the external design of the Airbus A380.
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Pretoria - Public Protector Adv. Thuli Madonsela has officially started the first leg of her nationwide road show.
The Public Protector launched the campaign with a stakeholder consultative forum in Pretoria today.
The road show is aimed at giving feedback on her work and enhancing relations with key stakeholders, including organs of state, civil society and political parties.
Addressing delegates at the launch, Madonsela said her office receives an average of 18 000 cases year from the public.
"My team and I persuade our mandate to the best of our ability," she said, adding that they always ensure disputes are resolved.
Last year, the Office of the Public Protector embarked on a nationwide campaign educating and informing members of the public about her office's operations and how they should go about lodging their complaints.
The Public Protector investigates cases of non-service delivery that are mostly between citizens and the municipalities or the state. These also include high profile cases, which include senior government officials involved in corruption or corrupt activities.
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East London - The Eastern Cape Transport Department has officially taken over the troubled provincial scholar transport programme, which has been dogged by claims of mismanagement and fraud.
Transport MEC Thandiswa Marawu said the new financial year marked the beginning of the migration process of the scholar transport programme from the Department of Education to the Department of Transport.
"Provincial cabinet has mandated us to ensure that with the R206-million budget, we prioritise the poorest of the poor, with particular focus on pupils from farm and rural schools," said Marawu, addressing the media at a briefing held in King Williamstown on Tuesday.
Thousands of Eastern Cape school pupils have since the beginning of 2011 had to walk to school after the Education Department suspended the scholar transport programme due to financial constraints.
Since the beginning of the year, 173 scholar transport service providers have been prosecuted for a number of offences, including using unlicensed drivers and vehicles, and overloading.
Marawu said the department had investigated the transport scheme carefully and would make sure that pupil safety would be the new service provider's top priority.
"The service provider will also have to ensure that vehicles are assigned to routes and that pupils are transported as per the programme's needs," said Marawu.
She said payments to the provider would only be made once the department's admin processing centre was presented confirmation by school principals that pupils had been transported.
Marawu added that the scholar transport programme would be in operation by the beginning of the new school term next week.
She stressed, however, that only registered and approved pupils would be transported to and from their schools.
Thembelihle Malahle, 14, of Nyozi location outside East London said he was forced to walk for two hours every day to get to school and back.
"I'm happy that the programme has been reintroduced. We had to walk long distances and arrived late for school every day," said Malahle.
Marawu said that on Monday June 18, she will personally lead traffic officers in an operation to make sure that operators comply with the legal requirements for transporting pupils.
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East London - An initiative to curb pedestrian fatalities in the Eastern Cape will see a number of workshops being held throughout the province's district municipalities.
Transport Department spokesperson Ncedo Kumbaca said the workshops are being introduced as a result of the high number of pedestrian-related road accidents that occur in the province.
"Pedestrians are legitimate road users who are the most vulnerable on our roads. They constitute 40 percent of total road accidents, especially in countries such as South Africa," said Kumbaca.
He added that most of the accidents were as a result of unacceptable road user behaviour and attitudes, coupled with high levels of ignorance.
"Another reason for this initiative is that our country is a highly motorized society. Infrastructure has been developed around motorists' needs, creating better roads and resulting in high speeds, with very little focus on the pedestrian," said Kumbaca.
He added that the situation is worsened by inadequate pedestrian facilities closer to the residential areas, busy main roads and the establishment of informal settlements.
Road Accident Fund (RAF) communications officer, Shereen de Bruyn, said they would also be involved in the workshops to educate especially rural people about the fund.
"We will inform people about procedures they should follow when claiming for damages from the RAF should they be involved in a road accident," said De Bruyn.
Kumbaca said the workshops would cover various issues, including safety and security, substance and alcohol abuse, traffic laws, pedestrian safety, accidents and injuries.
Other organisations that will participate in the workshops include South African Breweries (SAB), Safety Engineering, Sanlam Sky and the provincial Departments of Social Development, Health, and Local Government and Traditional Affairs.
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The holding of these elections under free and fair conditions is indeed a true testimony to the enduring and maturing democracy. The voter turnout of 57.54% was the highest ever since 2000 and the most peaceful for local elections. You have all done the country proud! Our appreciation goes to the Independent Electoral Commission (IEC) and all stakeholders in ensuring such successful elections.
In this financial year CoGTA will give particular attention to strengthening the capacity of the Wards.  This will help to enhance meaningful public participation and strengthen democratic and developmental local government system. In this regard engagement with community constituencies and grassroots civil society organisations will be intensified.
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Pretoria - Former President Nelson Mandela will have a gift of a different kind to mark his 93rd birthday, with the inaugural Annual Nelson Mandela Children's Parliament to be hosted at the Gauteng Provincial Legislature on Friday.
This forms part of Mandela Day activities, which is celebrated every year on Madiba's birthday, 18 July.
Children have always occupied a special place in Mandela's heart. Within his first year as the President of South Africa, Mandela launched the Nelson Mandela Children's Fund (NMCF) as a sign of his commitment to the wellbeing of children.
Children will return the honour of his pledge to their cause by staging a National Children's Parliament as a way of saluting him for placing them high on South Africa's national development agenda.
Ranked as the key strategic activity in the building of a national child rights movement, the Children's Parliament is initiated through a partnership between the Department for Women, Children and People with Disabilities and the NMCF, and hosted by the Gauteng Provincial Legislature to promote accountability for children's wellbeing.
Welcoming the inaugural Annual Nelson Mandela Children's Parliament, Minister Lulu Xingwana said her department believes children should not only be seen but also heard.
Nothing better represents an opportunity to give credence to this collective view than convening a National Children's Parliament where leaders from various spheres of government can affirm children's voices with their valued presence.
"Holding all of us in authority accountable represents both the spirit and letter that our founding democratic President Nelson Mandela had set in motion on April 27, 1994," said Xingwana.
The Children's Parliament will be held under the theme, "Holding those in authority accountable." Deliberations will focus on three supportive sub-themes which are health, education and safety and security.
Elaborating on the theme, NMCF Acting CEO Moipone Buda-Ramatlo said: By authority we mean the exercise of responsibility, duty and obligation to act in the best interest of the child to ensure their safety, wellbeing and development at all times.
"Families, communities, civil society and all spheres government dare not take leave from the wellbeing of children because in them lies the foundation of the future society envisioned in the Constitution of the Republic of South Africa."
For the first time, government officials will be making a conscious effort to be part of a National Children's Parliament session hosted under the navigation of Speaker of the Gauteng Provincial Legislature, Lindiwe Maseko.
Maseko said the Gauteng Legislature has had its share of welcoming civil society voiced heard within its corridors but looks forward to the element of difference that the Children's Parliament will be bringing.
"The future we are battling to create can only be better by trying different but well-meaning approaches to the kind of a future we would like our children to inherit," Maseko said.
Children parliamentarians will receive a salutary message from former President Mandela during the seating of the Children's Parliament on Friday.
Represented at the Children's Parliament will be five children from each of the country's nine provinces.
The inaugural Nelson Mandela Children's Parliament is scheduled to start at 10am.
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Imagine for just two seconds, that your life hangs in the balance and the only people that can save you from certain death are complete strangers.
"Instead of being a victim of a rare blood disorder or the survivor of a near death experience, I choose to be a living testimony of the need for blood donors. Together, we can save lives, one pint at a time," said Dhlomo during his visit to Megacity's blood donation center.
The MEC went to Megacity to donate blood and make a call to all persons between the ages of 16 and 65 years, youth in particular, to come forward and give the gift of life in the spirit of the Nelson Mandela Day.
"Our country is currently faced with an acute shortage of blood stock and it is the duty of every South African to come forward and donate blood so that people do not die needlessly," Dhlomo said.
"The greatest gift we can give to the country is to ensure that we donate a pint of ourselves and we must do this in observance of the Nelson Mandela International Day, where we are all called upon to give a little for the benefit of society."
In the past week, the South African National Blood Service (SANBS) reported that the country has blood stocks to last only two days. They called on all persons between the ages of 16 to 65 years to make a donation.
The need for blood, platelets, and plasma is constant, but only a few people donate blood. At the same time, there is a large group of the population requiring more donated blood for their own health, quickly using much of the supply.
"My duty today is to educate, engage and encourage individuals and communities to donate blood. By connecting donors to the lives they save, we can save more lives one pint at time. Many lives, including mine, are in the hands of blood donors. Be one today!" said Dhlomo.
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"As Secretary-General, I want to help facilitate a speedy and effective international consensus to end this violence," Mr Ban told the Arab leaders, adding that the UN is doing all it can to "feed and help the men, women and children of Gaza and ease their suffering in the midst of this frightening and dangerous ordeal.
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Pretoria - The City of Tshwane today launched a campaign aimed at fixing the city's potholes within 24 hours of them being reported.
Launching the campaign in Sunderland, west of Pretoria, Member of the Mayoral Committee responsible for Transport and Roads, George Matjila, said the city has declared war against potholes.
"The city has given the issue of potholes a priority in ensuring that it becomes a pothole-free city," Matjila said.
He said 99 percent of potholes in Sunderland had already been fixed. "The more potholes we fix, the more jobs we create."
Matjila told BuaNews that the city has prioritised potholes as they impact negatively on business. "In some instances, potholes cause accidents as cars always [swerve] trying to avoid them, resulting in accidents."
The city has also launched a website where members of the public can report potholes in their areas.
According to Matjila, the potholes will be fixed within 24 hours of them being reported.
In his state of the city address in March, Tshwane mayor Kgosientso Ramokgopa announced that the city will ensure all potholes are fixed.
Earlier this year, the Department of Transport announced that it had set aside R22 billion over the next three years to plug potholes on South African roads.
At the time, it said the S'hamba Sonke programme will create about 70 000 job opportunities across the country in the 2011/12 financial year.
In partnership with all provinces, the programme will improve access to schools, clinics and other social and economic opportunities by drastically upgrading secondary road networks and repairing potholes throughout the country.
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Pretoria - Police management will make tough and targeted decisions to ensure the safety of police officers, says Deputy Police Minister Maggie Sotyu.
Speaking at the memorial service for reservist Constable Busisiwe Gloria Mehlwana in Soweto on Wednesday, Sotyu said police management and government have had enough of the spate of police killings recently.
Mehlwana, 33, was gunned down when she responded to an ATM bombing in Pimville last week.
A group of heavily armed men bombed an ATM inside a shop at a garage and shot Mehlwana when she and a colleague arrived at the scene.
"Earlier in our history, there was a culture of respect, even amongst the hardened criminals that, you as a man would never harm a woman; certainly never kill a woman. These days, criminals do not care whether it is a six-month old baby, an 80-year-old elder, or a 33-year-old mother of two," she added.
Just last week at a summit against police killings, police, with the support of other organisations, committed themselves to ensuring that the safety of the men and women in blue was improved, Sotyu said.
"Yes, that means providing our police officers with matching firepower. No more will our police officers be outgunned by these thugs," she added.
In addition, the wearing of bullet proof vests when responding to crimes would be enforced.
"With the new policing approach to police officer safety, we will make sure our police officers are continuously trained, retraining, and refreshing skills for crime combat zones," Sotyu said.
The deputy minister said she was reminded of how much the country owed the families of police officers when she met with Mehlwana's family.
She called for Mehlwana's children to get their due benefits without any red tape, adding that counselling services would be made available to the police woman's family.
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Johannesburg - A new social revolution campaign aimed at popularising and intensifying the 67 minutes of making the world a better place for all on Mandela Day has been unveiled.
Play your Part is a new campaign developed and launched by the International Marketing Council (IMC) at the Nelson Mandela Foundation in Johannesburg on Wednesday.
The campaign is designed to encourage all South Africans to use the resources at their disposal, whether it's time, money or skills, for the benefit of their fellow human beings.
IMC boss Miller Matola said Play your Part is aimed at civil society, government, corporate and individuals. It makes use of extensive media messages, encouraging South Africans to do their part.
"A nation of people who care deeply for one another and the environment in which they live and who take action by doing something positive, whether big or small, is good for everyone," he said.
While other organisations have campaigns that are currently working at social cohesion, Play your Part complements the IMC's mandate to build South Africa's national brand.
"There are a number of stories and real life examples already to be told of people and organisations that are making a positive difference. These stories should be told to lift our spirits and inspire everyone to play their part," he said.
Chief executive officer of Heartlines, Dr Garth Japhet, said they are also proud of being part of the campaign which is linked to the world wide Mandela Day drive aimed at making a difference in communities.
Frank Meintjies, from the Nelson Mandela Foundation, said: Mandela Day belongs to all of us. We achieve less when we work separately, but we achieve more when we work together.
"Just like what Nelson Mandela did, we all have a role in our society as ambassadors of this nation to portray our country as a place of hope."
Meintjies further emphasised that since the United Nations (UN) ratified Mandela Day in 2009, UN General Secretary Ban Ki-Moon will not only address the UN General Assembly, but will also go out to do some community work in New York.
On the day, people all over the world are encouraged to dedicate at least 67 minutes of their time to do community work in celebration of the values and principles Mandela stands for.
Mandela, who turns 93 this year, will celebrate his birthday at his home in Houghton, Johannesburg, with 90 kids from all the country's nine provinces.
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Pretoria - Finance Minister Pravin Gordhan is worried that South Africans are not saving enough for rainy days.
Compared with people in other countries, South Africans are not putting away enough for the future, but are getting used to a culture of consume now, pay later.
Data indicates that South Africa's gross savings were 16 percent of Gross Domestic Product in 2009. This is compared with China's savings rate of 52 percent and Russia's rate of 22 percent.
"We have become a consumerist society. A society that wants to acquire things at any cost, including high levels of debt. It is time that we ask ourselves very serious questions about the cultural habits that we are beginning to acquire," Gordhan said on Wednesday.
He was speaking in Johannesburg at the launch of the SA Saving Institute's savings month awareness campaign.
There were various reasons for the country's poor savings rate, he said, such as a lack of transparent products and poor financial awareness.
Gordhan said if South Africans could save more, the country would rely less on borrowing funds from other countries to meet its investment needs.
This would make us less reliant on volatile short-term capital inflows for funding, which can easily reverse and pose risks of instability for an emerging economy like ours.
"We need to ask ourselves if we can mobilise our resources as a nation in a way that recognises the importance of savings in reaching our developmental goals."
Gordhan's sentiments were also shared by South African Savings Institute (SASI) chairperson, Prem Govender. However, she noted that there had been a slight "but very noticeable drop" in the debt-to-disposable income ratio from a high of 81.8 percent in 2008.
"According to the Reserve Bank quarterly bulletin, this figure dropped to 78.2 percent in the first quarter of this year, with unemployment at 25 percent for the same period," she said.
South African consumers faced many challenges, including high indebtedness and high unemployment, which Govender said "do not do much to promote saving." Substantial increases in oil prices and social and economic problems have also been counterproductive to encouraging saving.
Govender said saving is a habit which people have to develop, practice and grow over time.
"There's no better time to start saving than now, it's never too late or too little. This is the message that we want to take to both young and old," said Govender.
Gordhan also used the platform to mention government's reforms and initiatives to support and encourage household saving, such as the RSA Retail Savings Bonds.
The bonds were launched in 2004 to encourage citizens to save by providing accessible, safe, no-fee savings products.
According to Gordhan, since then South Africans have invested a total of R9.3 billion in these bonds. There are close to 77 000 active investments in the bonds, and over 37 000 active investors.
Given the success of these products, he said there are plans to introduce a new Top-Up Retail Savings Bond this year, aimed at attracting smaller investors.
Currently, we have two series of bonds on offer - the fixed rate and inflation-linked bonds. Each needs a minimum investment of only R1 000.
"In our interactions with the public, however, we realised that many more people would invest if they had the option to top up their investment rather than have a once-off investment. The National Treasury is therefore working on a new series of bonds, the top-up bonds, to meet this need," said Gordhan.
These bonds would need a minimum investment of only R500 and would also allow investors to top up this investment whenever they could - even with as little as R100.
At the end of the three-year investment period, they would also have the chance to reinvest their pay-out.
Like all retail bonds, they will carry no fees or commission costs at all.
The minister hoped that more South Africans, especially the youth, will take advantage of the competitive rates and the security that the bonds provide.
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East London - Just over a month after having released its comprehensive diagnostic overview of the country, the National Planning Commission (NPC) has begun public hearings across the country to get the views of South Africans on how to tackle some of the challenges raised in the document.
A 10-member delegation, led by the commission's deputy chairperson Cyril Ramaphosa, arrived in East London on Wednesday to brief provincial leaders and civil society on the diagnostic document, which was released to Parliament last month.
The report, which has been the subject of discussion for both politicians and economists since its release, identifies the tough challenges that South Africa needs to overcome to reduce poverty and inequality. These range from disparities in the education system to poor health care facilities and insufficient investment in infrastructure.
Chaired by Minister in the Presidency, Trevor Manuel, the 25-member commission is also critical of the South Africa's infrastructure development, saying successful countries invested largely in and were continuously modernising public infrastructure, whereas Africa's biggest economy lagged far behind.
" South Africa has effectively missed a generation of infrastructure modernisation. Public investment in both new and old infrastructure falls far short of what is needed to meet the country's economic and social requirements," says the report.
The country had to expand its infrastructure to assist mining and other traditional activities, while at the same time investing in the facilities for a more labour-absorbing and knowledge intensive economy.
The document further points out that while South Africa's education system has made strides since 1994, with access to education nearly universal, the challenges were stark. Apart from a small minority of schools, the quality of public education "remains poor", with only one percent of African schools achieving top performance matric results.
Also, the country's poor lived far from jobs, schools and infrastructure - a phenomenon which the commission blamed for "reversing" the effects of spatial apartheid, which forced people to live in defined areas according to race.
The Eastern Cape is the second host province for the series of public engagements the NPC plans to have across the country in the coming months. Ironically, the province has been regarded as one of - if not - the worst performing when it comes to education and health care.
Recently, the national government had to intervene in the affairs of the Eastern Cape education by placing the department under national administration following years of maladministration and alleged mismanagement of funds.
During the NPC visit on Wednesday, Ramaphosa insisted that while certain problems in the Eastern Cape were getting prominent media coverage, the challenges were not unique to the province.
Despite the diagnosis, the commission remains optimistic the situation can be turned around.
"A diagnostic report means that we have diagnosed the ailment of the patient and has a number of ailments but the patient is not terminally ill. This is just a diagnosis and there are a number of remedies - that is why we need active participation of all citizens," Ramaphosa said.
We are here to consult the broader public on the problems that our country is facing. We want to get South Africans to evolve and craft a national vision that will lead to a strategic plan that will move our country forward.
"Our task was to take a critical overarching objective view of what is happening in our country to come up with a plan that will assist the country address the challenges we are facing."
Ramaphosa spoke largely about the "crumbling" education system and health delivery that was not living up to the expectations of the nation, describing the outcomes at schools as often very poor.
"The delivery in health doesn't meet the accepted standards and we are of the view that those challenges can be resolved The government is determined to address these problems but it needs society to do that. In some areas as a country, we will have to make some tough choices."
What the commission wanted to do was to engage the people of South Africa to debate "these elements" that were envisioned for the country.
In addition, the commission hopes that the public hearings over the next three months will allow South Africans to agree on what was wrong in the country and why.
"Our job as commission is to research and come up with concrete proposals that government can look at. We can only recommend what should be done," said Ramaphosa.
Eastern Cape MEC for Planning and Treasury, Phumulo Masuale, who also heads the province's planning commission, said officials saw the NPC report as "an opportunity for us as a country to discuss problems that are common to all of us."
"We believe that much as we have challenges as a province, as a country there are things that we need to take bold actions to address. We also think that the country has to explore different avenues to address some of the challenges as we have done in our economic direction," he said.
With East London having recently been declared a metro municipality, authorities agree that the Eastern Cape - with now two major metros, the other being Port Elizabeth - will have to change the way of doing things if the province is to meet the targets set by the NPC.
"We welcome the report and yes, to some of us it serves as a reminder of the work that needs to be done. It's a very good platform for the metro to plan," said Buffalo City Executive Mayor, Zukiswa Ncitha.
She told BuaNews that most of the challenges raised in the NPC report were largely issues with which her municipality was battling.
"The issues of infrastructure, public service delivery, and challenges in education -- those are the problems that we have but we will learn and as we plan, we will need to consider all of those," she said.
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Pretoria - Skills development and education have received a significant boost through the signing of two accords that will, among others, see 30 000 new artisans receive training.
"The accords will focus on concrete issues," Economic Development Minister Ebrahim Patel said at the signing of the National Skills Accord and the Basic Education Accord on Wednesday.
The accords are a partnership by business, government, labour as well as the community. This follows on engagements following the release of the New Growth Path, designed to create five million jobs in the next decade. Skills and education are key elements in the growth path.
"Addressing education and skills development is one of the core aspects of the New Growth Path," said Patel.
The skills accord has eight key commitments designed to drive training and development and under it, up to 30 000 new artisan students are expected to enter training this year. Thirty-one percent of this figure will come from the government sector, 13 percent will be state owned enterprises and 56 percent is the private sector.
It will also provide opportunities for training in a work environment for at least 16 000 lecturers at FET collages, which will be phased in.
Business and labour have committed to ensuring that the funding of training is available through the skills development levy. Business also undertook to improve spending on training beyond the one percent compulsory training levy. The accord stipulates that business will urge companies to spend between three and five percent of their total salary bill voluntarily on training.
The National Skills Fund (NSF) will be used effectively to support skills that address the priorities of the growth path.
Higher Education Minister Blade Nzimande said all partners involved in the accords will be subject to annual binding targets. To date, said Nzimande, the department is in the process of finalizing how to spend the fund's money in consultation with the relevant ministers.
"There is over R4 billion of unspent money from the past and R2 billion from this year."
Basic Education Minister Angie Motshekga said government is encouraged by the accord specifically for underperforming schools.
"It came at the right time. The accord will help redirect resources," said Motshekga of the accord, that saw parties having committed to adopting poorly performing schools.
Organised labour, business as well as community organizations committed to a target of between 100 and 200 schools to be supported in the adopt-a-school initiative.
Representing organised labour [Cosatu, National Teachers Union (Naptu), Federation of Unions of South Africa (FEDUSA)], Cosatu general secretary Zwelinzima Vavi said that labour has for a long time argued that something needs to be done to change the lives of workers through skills development and education -- not only for children but for workers as well.
"We are making a commitment to play our part. All accords will require active participation," he said, adding that the key to the success of the accords is not the signing itself but rather the participation of all involved to make it a success.
The secretary general added that unions will work to change the mindset "of all public servants, including educators to know that our future lies in their hands."
Business Unity South Africa (BUSA) president Futhi Mthoba said the accords represent agreements on areas of concern in respect of the growth path. "The critical part of the accords is that each partner is responsible for deliverables. We will hold each other responsible," she said.
Patel said: "The critical challenge for creating more jobs is to deal with skills shortages and issues, and what we've assembled here in these two accords is a partnership right across the training pipeline from primary school right through to FET collages and beyond. We've brought here the people with resources."
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Pretoria - President Jacob Zuma says municipalities should communicate with citizens at all times to reduce the level of frustration and anger among people who demand service delivery.
"When there is a delay, they should be informed. If there is water or electricity cuts, for whatever reason, they should be informed and told when this will be fixed," Zuma said on Wednesday.
He was speaking after being awarded the Freedom of the Makana Municipality award in Grahamstown, Eastern Cape.
A recent victim of a violent protest is councillor Johannes Nemaungani, whose house was set on fire during a protest against prepaid electricity meters in Tshiawelo, Soweto, last week.
"While our Constitution allows protest action as part of the freedoms we fought for, the violence that sometimes accompanies the protest is unacceptable," Zuma said.
The President called on the people to support councillors in performing their tasks of serving communities.
Zuma said government has already started by providing training that enables them to understand their leadership role, training on legislation that guides local government, key municipal processes, developmental local government and service delivery.
This is in addition to the local government turnaround strategy, which, he said, was starting to work.
The President described the increase in clean audits from four to seven municipalities over the past months as a significant achievement.
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Our partnership with Tongaat Hulett (PTY) LTD through Operation Vuselela to support small scale sugar cane farmers is yielding results. Since its inception in 2009 about 242 permanent jobs have been created while 1, 100 seasonal opportunities were created.
Following the success of the Gijima initiative, the Gijima KZN Local Competitiveness Fund II which is 100% funded by government was relaunched in the province. We are currently reviewing our selection criteria in order to ensure that we take on board as many qualifying projects as possible. Meanwhile R59 million has been set aside for this programme for the next three year.
The entrepreneurship conference which we announced last year will now be held in June and its focus will be altered as to also incorporate investment promotion into our province. The gathering now dubbed as KZN Investment & Entrepreneurship Conference will be a must attend for all those who are or want to become serious economic players within the SADC region.
About 550 individuals from different sectors, mainly savings and credit cooperatives were trained in cooperative governance, business management and technical skills. This was collaboration with the Department of Transport (DOT) which resulted in capacitating 81 staff with skills to help them drive the Zibambele and Vukuzakhe Programmes. In addition, 36 members of the Taxi Associations affiliated to the KZN Taxi Council were trained to be able to establish Savings and Credit Cooperatives as well.
Late last year the Department launched the KwaZuluNatal Tooling Initiative (KZNTI) which is the second initiative in the country to establish its own tooling and foundry office in line with IPAP recommendations.
Meanwhile the Film Commission Act has been enacted and we will be very soon announcing the names of commissioners to serve on this commission which is expected to position the province as an ideal location for film makers which is crucial in boosting the tourism sector.
The New Growth Path puts a target of 250, 000 jobs to be created by 2020.
towards the national target.
Then, one of the important operations of the board is to undertake scientific research on various sharks species and their relationship to the overall marine life and as well as looking at possible new technology to repel sharks without nets in the future. The continuing research therefore requires additional allocation of funds.
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Pretoria - Labour Minister Mildred Oliphant has urged parties in the chemical, metal and engineering sectors to reach an agreement to end the ongoing strike.
"The industry is critical to the economy of the country and prolonged industrial action is certainly not in the public interest, hence the appeal that the parties must endeavour to find a solution," she said on Thursday.
The minister said while the workers have the right to strike where settlements are not achievable, violent behaviour is not acceptable.
"It undermines the system of collective bargaining in this country and this violent behaviour serves only to bring legitimate negotiations into suspect. I, therefore, strongly appeal to trade unions and workers to conduct their strikes in a peaceful manner," said Oliphant.
Last week, the National Union of Metalworkers of South Africa (Numsa), Metal and Electrical Workers' Union (Mewusa), and the SA Equity Workers' Association (Saewa) embarked on a nationwide strike, with workers demanding pay increases of between 10 and 13 percent. Under Numsa's leadership, thousands of engineering workers are also demanding a ban on labour brokers.
On Monday, members of the Chemical, Energy, Paper, Printing, Wood and Allied Workers Union (Ceppwawu), the South African Chemical Workers' Union (Sacwu) and the General Industries Workers' Union of SA (Giwusa) - which has members in the glass, pharmaceutical chemical and fast-moving consumer goods, fibre and particle board industries - began protesting.
The strike has resulted in fuel shortages at some petrol stations.
"The Commission for Conciliation Mediation and Arbitration (CCMA) has been involved in supporting parties through facilitation in some sectors and they remain available to assist where negotiators experience difficulty, they are urged to consider the services of the CCMA," said the minister.
As of yesterday, over 100 petrol stations in Gauteng and 50 in KwaZulu-Natal have run out of fuel, said the Fuel Retailers' Association (FRA). The Department of Energy said it was engaging all relevant departments on the matter.
The department is continuously engaging all the relevant departments with regards issues around the fuel strike. That is, the SAPS who are responsible for dealing with policing issues, and the Department of Labour regarding labour negotiation issues.
"In addition to these engagements, the department convenes a daily meeting with all the oil suppliers to monitor the situation," spokesperson Thandiwe Maimane said.
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Pretoria - The Traditional Healers' Organisation (THO) has welcomed government's initiative of conducting scientific research on traditional medicines.
Speaking to BuaNews at the African Traditional Medicines and Intellectual Property Workshop held in Pretoria, Phephisile Maseko, from the THO, said research must be for the benefit of the public.
"We not objecting or against scientific research. We want to be involved when the research is conducted. We want traditional medicines to be well profiled and recognised," she said.
According to Maseko, research has shown that the majority of South Africans still consult traditional healers.
The Department of Health has confirmed that it is currently engaging with traditional healers in aspects involving the use of African traditional medicines.
"We do from time to time interact with the traditional healers," said the department's spokesperson Fidel Radebe, adding that as government, they do recognize the place of traditional medicines.
Radebe told BuaNews that his department, together with traditional healers, is currently working towards establishing the norms and standards to be followed with regard to traditional medicines.
Deputy Director General at the Department of Science and Technology, Dr Molopo Qhobela, said research and innovation in African traditional medicines have tremendous potential to contribute to the quality of life.
"There is a need to develop strategies to improve the quality of life. Innovation is needed in the health system to ensure quality of life," he said, adding that indigenous knowledge should be protected.
The World Health Organization (WHO) defines traditional medicine as the health practices, approaches, knowledge and beliefs incorporating plant, animal and mineral-based medicines, spiritual therapies, manual techniques and exercises, applied singularly or in combination to treat, diagnose and prevent illnesses or maintain well-being.
The WHO also notes, though, that "inappropriate use of traditional medicines or practices can have negative or dangerous effects" and that "further research is needed to ascertain the efficacy and safety" of several of the practices and medicinal plants used by traditional medicine systems.
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Durban - The role of ambassador belongs to all South Africans when it comes to promoting the country, its innovation, people and economic sustainability.
This was the crux of the message from the International Marketing Council (IMC) of South Africa CEO, Miller Matola, at a stakeholder summit held at the Durban International Convention Centre.
The IMC is responsible for the South African brand. It works on transforming the country's image by developing and marketing strategies that invite the rest of the world to experience South Africa through either tourism or business ventures.
A nation's brand determines to a large extent how well a country competes for its share of investors, consumers and visitors in a global economy.
Matola said in the past, South Africa has been written off several times, but has managed to prove its competence.
"We always see possibilities in everything We are a solution-orientated country and a key player in global institutions, this is what we need to be selling," said Matola.
He said South Africa is being recognised for its increasing critical role in the fast changing governance landscape with its inclusion in BRICS, the IMF and UN Secretary Council.
"The emergence of the BRICS nations puts South Africa at the cutting edge of a new global paradigm, which could help reach consensus on key issues such as trade, poverty reduction, the global financial system and the growing tensions around limited resources," said Thabo Mhlongo, an IMC Board member.
Matola added: "People have faith in South Africa and it is time we started to do the same. We need to understand our country and how it works before saying negative things about it."
The South African brand is monitored in several ways. Focus is placed on people, exports, tourism, governance and investment and integration.
The IMC conducts a Domestic Perceptions Audit to find out how South Africans feel about their country.
They monitor what the media is reporting abroad through the Reputation Industry tool. They also use the International Tracker Results to see where in the world elite businesses are choosing to invest.
"In order to give South Arica a global pole position, Brand South Africa counts on each of you to share and deliver on the promise of disseminating the good news about South Africa to all South Africans and the world at large," said Matola.
The IMC aims to place South Africa in the Top 20 nation brands by 2020.
There are campaigns being run to help promote the country. A more recent one is the Play your Part campaign. South Africans are asked to give someone a helping hand, either with their time or resources.
MEC for Economic Development in KwaZulu-Natal, Mike Mabuyakhulu, said South Africans must avoid being prisoners of their own perceptions.
Mabuyakhulu said that International Olympic Committee President, Jacques Rogge, last week praised the country for its warmth and hospitality after it successfully hosted the 123rd IOC session.
Rogge, taken in by the beauty of the country, was also impressed with the organisation of the mammoth event.
The MEC, in his brief address, said KZN has built something unique and cemented its brand as the Zulu Kingdom.
He said the word Zulu is well known overseas and joked that no province in South Africa can compete with the KZN brand.
Mabuyakhulu also stressed that government, civil societies, business, media and all South Africans need to join forces to strengthen the South African brand.
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Pretoria - Public Protector Thuli Madonsela has found that there was improper conduct and maladministration on the part of both the Department of Public Works and SAPS with regards to the leasing of a building in Durban.
Madonsela released her findings on Thursday after investigating allegations of improper conduct in the procurement of the lease for SAPS offices at the Transnet Building, to the value of R1.16 billion.
She also found that the lease agreement entered into by the Roux Property Fund and the DPW was invalid.
The lease, which Madonsela said was not subjected to tender processes, did not comply with the requirements of the Constitution, the Public Finance Management Act and Treasury Regulations.
The building was identified before determining the nature and need for accommodation and at R125.30 per square metre, was higher than the market rental rate of R40 per square metre.
Madonsela also found that there was no legitimate justification for deviating from the prescribed tender process.
"The fact that the procurement of the lease of the Transnet building was not budgeted for and not included in the Immovable Asset Management Plan of the SAPS, constituted maladminstration," she said in her report.
Madonsela clarified that the lease agreement for the Transnet building was signed between the Roux Property Fund and the DPW, and not by National Police Commissioner, Bheki Cele.
"Although the SAPS did not sign the lease agreement, its involvement in the procurement process was improper, as it proceeded beyond the demand management phase and it further failed to implement proper controls, as required by the PFMA and other relevant procurement prescripts," she said.
This failure amounted to unlawful, improper conduct and maladministration, Madonsela noted.
The conduct of the accounting officer of the SAPS was in breach of those duties and obligations incumbent upon him in terms of section 217 of the Constitution, section 38 of the PFMA and the relevant Treasury Regulations.
"These provisions require an accounting officer to ensure that goods and services are procured in accordance with a system that is fair, equitable, transparent, competitive and cost effective. This conduct was improper, unlawful and amounted to maladministration," she said.
Madonsela also called on President Jacob Zuma to consider taking action against the Minister of Public Works Gwen Mahlangu-Nkabinde for her actions, which were referred to in the report.
The minister should also report to Cabinet on her actions on the procurement of leases of the buildings and her failure to cooperate with the investigations, Madonsela said.
She noted that the minister instructed the Director-General Sizwe Dongwana, despite legal advice, to continue with the lease for police quarters in Pretoria, after the DG had suspended the procurement process.
The DG also requested the KZN Regional Manager to proceed with the process to procure the offices for SAPS in Durban and to make the necessary submissions to the Special National Bid Adjudication Committee (SNBAC).
The SNBAC approved the lease, after which the DG added certain conditions which the KZN Regional Office did not comply with before signing the lease agreement.
"The decision of the SNBAC was taken after the Director-General reluctantly, and because of the pressures which he perceived to have been put on him by the Minister and Shabangu, gave an instruction that the process should continue. The majority of the evidence in this regard indicates that his perception at the time was not unreasonable," Madonsela said.
She added the minister's conduct in the procuring of the lease failed to meet the "requisite stewardship expected from her."
Madonsela called on the Department of Public Service and Administration, with the help of National Treasury, to take urgent steps to ensure that the appropriate action is instituted against the relevant DPW officials that acted in contravention of the law, policy and other prescripts.
In addition, the Police Minister, together with the National Treasury, should take urgent steps to ensure that appropriate action is instituted against the relevant SAPS officials.
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Pretoria - The South African Police Services (SAPS) and the Presidency are both studying the report by Public Protector Thuli Madonsela, which found the R1.16 billion lease for police offices in Durban to be invalid.
SAPS said it had taken note of the Public Protector's report and would respond soon.
"Unfortunately a copy of the report was only provided to the SAPS less than two hours before it was provided to the media and therefore, the SAPS will release its official response early next week," SAPS said in a statement.
The Presidency also received and acknowledged the report on Thursday.
"The Presidency will accordingly study the report and allow the due processes of its internal discussion, and thereafter President Jacob Zuma will comment on the report," it said.
In the report released on Thursday, Madonsela found that the lease entered into by Roux Property Fund and the Department of Public Works (DPW) was invalid.
She said there was improper conduct and maladministration on the part of both the DPW and SAPS with regards to the leasing of the Transnet building in Durban.
Madonsela called for the relevant departments to take appropriate action against SAPS and DPW officials who contravened the necessary laws and policies with regards to the lease.
The President should consider taking action against the Minister of Public Works for her actions, which were referred to in the report, she added.
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5.1 6. All provincial departments shall henceforth apply the above provisions.
The company must indicate which of its business activities (services/ goods) are provided by Black businesses.
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Cape Town - The City of Cape Town has renamed Eastern Boulevard in the city centre after Nelson Mandela ahead of the former President's 93rd birthday on Monday.
The event is one in a series of activities scheduled to honour Mandela in the city as the country and the world gears for Mandela Day celebrations next week.
A handful of African National Congress supporters in colourful T-shirts were also part of the historic moment.
"This is a great day for the City of Cape Town, we take a step towards making our city even more inclusive we make a firm commitment to honouring our history, a history that has allowed us to come together in our diversity and celebrate this moment together," said De Lille.
There is a great truth that the spaces in which we live influence our perceptions, our very way of thinking. Our past, and the trauma and hope that are mingled in it, is [written] across our landscape.
"The apartheid government knew full well what it meant to claim ownership of our public spaces. Through a careful strategy of selective naming and selective cultural recognition, it sought to stamp its interpretation of the world on future generations."
De Lille said they were renaming Eastern Boulevard after Nelson Mandela he Mandela had shown the way towards a society full of opportunities and built on mutual respect.
The mayor said the road should not be thought of as something physical but as the "one upon which we travel as a city to achieve Madiba's vision."
The history of all our people is important. No one should ever have their history rewritten or eradicated.
"As we honour our old spaces, so too must we create new spaces that provide a true reflection of where we come from and where we are going," she said.
By the end of the year, De Lille said that they would have renamed Oswald Pirow Drive to Christiaan Barnard, a celebrated surgeon in the country.
The mayor added that the Concourse between the Civic Centre and the Artscape would be renamed in honour of Inkosi Albert Luthuli.
The renaming reaffirmed "our commitment to building greater inclusivity and acknowledging our history by honouring Tata Madiba's legacy," she said.
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In the interest of protecting public health, it remains a priority of the Department of Agriculture, Forestry and Fisheries to ensure that animals and plants are disease-free. Inspection services at all South African border posts (land, sea and air) are being upgraded. Additional sniffer dogs were obtained in 2008/09 as part of the Sedupe K9 Sniffer Dog Programme for the detection of prohibited agricultural substances at ports of entry.
Each stadium will install dedicated local area telecommunications infrastructure to support the wider telecommunications and broadcast project.
A total of 15 000 volunteers from across the globe will contribute their time, skills, knowledge and enthusiasm for the 2010 FIFA World CupTM. Out of the 15 000 volunteers, 80% will come from South Africa, 10% from the other countries on the continent of Africa and the remainder from the rest of the world.
The 2010 Organising Committee's (OC) Volunteer Programme is implemented on two levels: 2010 OC volunteers and host-city volunteers. Volunteers will either service FIFA or assist spectators with information on host cities and stadiums.
The Department of Environmental Affairs has embarked on wide-scale environmental communication initiatives. These include the National Legacy Report and several campaigns around greening.
Waste-Collection Project: The department will assist some host cities with waste collection to ensure that cities are clean. This will happen prior, during and after the tournament. Temporary staff will be trained and employed for this purpose by the respective appointed service-providers during this period.
Non-Motorised Transport Project: The project is an attempt to reduce carbon emissions. At least three of the nine host cities are considering the implementation of bicycle lanes in strategic locations for the 2010 FIFA World CupTM.
About R25 million has been allocated across all nine provinces from 2007 to 2010 for club development in disadvantaged communities. A further investment of R212 million for school and community sport has been made over the same period.
The Department of Trade and Industry has negotiated that 30% of the OC's procurement be done by SMMEs. This event is bound to benefit all.
Gauteng, South Africa www.FIFA.
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Pretoria - The Nelson Mandela Bay Municipality showed its commitment to improving the relations with its residents by opening new ward councillor offices in various areas across the city.
The opening of the ward councillor offices will make it easier for residents to gain access to and meet with their ward councillors when they need to lodge complaints or direct enquiries regarding municipal related issues.
The municipality opened new offices in Motherwell's Wards 54, 56, 57, 58, and Ward 49 in Rosedale, Uitenhage. A caretaker's office was also opened in Ward 54.
The councillors had previously been accommodated in large steel containers and community halls, with hardly any equipment. The new offices come fully equipped with office equipment, furniture and a boardroom.
The new offices are expected to provide a safe and more user-friendly area for the councillors to meet with the community, and also to improve the efficiency and delivery of services.
Portfolio Chairperson for Integrated Human Settlements, Fikile Desi, said the offices were built with the aim of improving the performance of Councillors.
"The new office space will definitely boost the development in the respective wards. I am calling for the people to protect these facilities because they are meant to facilitate a better life for them," said Desi.
He commended the building contractors for "a job well done."
"The quality of work that was done when building these offices is of a high standard," he said.
Ward 56 councillor, Linda Kwitsana, said she was delighted to have her own office, and was pleased that it was so well equipped with everything she needed to do her job well. "I can serve the people with dignity in my new office."
"The container that I (previously) used as an office was small and when residents came to see me, we had to meet outside. The better facility will go a long way toward improving service delivery," said Kwitsana.
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Pretoria - The South African Weather Service (SAWS) today celebrated its 10th anniversary as a government institution.
Over the past 10 years, SAWS, as an agency of government through the Department of Environmental Affairs, has been the authoritative voice for weather, and proactively improved its services to the general public, aviation, insurance and many other weather sensitive industries.
Speaking at an occasion to mark the occasion, SAWS Chief Executive Officer, Dr Linda Makuleni, said they are trying to work closely with their customers.
According to Makuleni, SAWS services were rated at 84 percent by its clients.
"We are planning as an organization to increase the ratings to the 90s," she said.
Makuleni also said they were also trying to work very closely with their counterparts in the SADC region.
SAWS has, over the years, improved in terms of technology and skills development.
SAWS technological development is characterised by the first African lightning detection system with the ability to accurately pinpoint lightning strokes within a 600-metre or less radius.
It has also upgraded its countrywide radar network, with 12 Doppler radars and is now able to provide much better information on a very short time scale, severe weather events such as severe thunderstorms and flooding.
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The two teams will battle it out during the Vodacom Challenge at the Mbombela stadium on Tuesday.
"The hosting of this match is a very exciting opportunity As a municipality, we feel are on track to meet and exceed the expectations of the organisers and sports lovers alike," said municipal spokesperson, Joseph Ngala.
Ngala said the municipality's bid to host the match was also indicative of the municipality's determination to make the stadium a world class facility.
He said it was imperative for the stadium to be financially viable and add value to the lives of sport fanatics in the province, adding that some of the strong points that ensured Mbombela was given the contract to host the July 19 match was the ability to pull capacity crowds each time an event has been staged.
"This is a great venue. It still boasts the status of being the only one to have a sold-out match, even mid-week. This feat was achieved when Bidvest Wits hosted Kaizer Chiefs earlier in the year," he said.
Ngala said the stadium had successfully hosted the recent final of the Nedbank Challenge Cup, which involved the reigning treble champions, Orlando Pirates, against newly promoted PSL team, Black Leopards.
"The municipality, through this venue, has hosted a number of major events, both international and local, which included the first round matches of the FIFA World Cup, matches involving the national team, Bafana Bafana, rugby matches and the famous Metro Awards, to mention but a few," Ngala said.
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Pretoria - Exploring commercial opportunities and finding the best means of supporting the African Free Trade Area (FTA) initiative will be the order of the day when UK Prime Minister David Cameron touches down in South Africa tomorrow.
The creation of a single FTA would see the coming together of a combined population of approximately 700 million people and a Gross Domestic Product of US$875 billion from 26 countries. This would open borders to approximately half of the continent, spanning the entire southern and eastern regions of Africa - from Cape to Cairo.
Talks between the two leaders are expected to centre on how SA and the UK can work together to build strong, sustainable, open and inclusive economies, which promote national economic stability, regional and international growth.
Bilateral business relations and the realisation of safe and secure societies, including counter terrorism and weapons proliferation, will also form part of the discussions.
South Africa and the UK have a cooperation agreement, and Cameron's visit will give the two countries an opportunity to craft a mutually beneficial strategy that will ensure collaboration in issues of sustainable development, peace and security, good governance and other socio-economic matters.
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Durban - People in rural areas have benefited from the health cooperation agreement between South Africa and Cuba.
Due to the deployment of Cuban doctors in rural areas, patients are receiving primary health care. Reporting of illnesses, especially tuberculosis, by the doctors means the Department of Health is getting more accurate statistics.
This is just a few of the benefits that were highlighted when the two countries celebrated the 15th anniversary of the agreement in Durban over the past week.
Through this collaboration, 282 medical students from poor backgrounds successfully completed their medical studies. Just over 400 South African students are still studying in Cuba.
The first set of Cuban doctors arrived in 1996 to help government deal with their issues of skills shortage in state hospitals. Around 460 Cuban doctors were assigned to work in South Africa.
There are also exchanges between medical academics, and expanding this relationship is something both countries have been looking into.
The two nations also discussed taking more South African students to Cuba for training and increasing teaching platforms.
Celebrations aside, representatives from both countries carefully examined and assessed the programme, with the intention of making improvements.
Moeketsi Modisenyane, International Health Liaison from the national Health Department, said there has been very positive feedback from provinces in which Cuban doctors work.
"Hospital CEOs, patients, and communities have always praised the work ethic and attitudes of Cuban doctors. In fact, some hospitals have already been asking when the next batch of Cuban doctors will arrive," said Modisenyane.
He added that the South African medical system also offer doctors plenty of experience.
"The relationship between South Africa and Cuba is a very historical one. Our blood carries African blood. We feel a part of Africa. Our Cuban doctors will not deny their Cuban heritage but they also feel South African and will fight for the health of the people," said Gonzalez.
Gonzalez said it is important that health is not viewed in an isolated way. He said education is vital for well being.
The Cubans believe that education and preventative measures should come first, a view that that Deputy Minister of Health, Gwen Ramokgopa, concurred with during her address given last Thursday, when 25 doctors graduated from the University of KwaZulu-Natal.
Ramokgopa called for the medical graduates trained in Cuba to be in the forefront of improving the health outcomes in South Africa. She asked the doctors to also promote a preventative approach to healthcare as they were trained in a country that champions a preventative, rather than curative, healthcare system.
"People need to be educated, only then they can speak up and ask for proper health care services. People need to be educated about diseases," said Gonzalez.
The programme has come a long way and has several benefits, but Gonzalez believes that much more can be done.
He said specialised doctors must be also included in the exchange between Cuba and South Africa.
"We (Cuba) need to send more medical doctors in different fields, more pathologists, more physiotherapists," said Gonzalez.
Meanwhile, the Health Department has reached an agreement with universities to increase the intake of doctors. Wits University has started by increasing their annual intake from 80 to 120 students.
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Source: Department of Sports, Arts, Culture and Recreation, Gauteng Provincial Government (http://www.srac.gpg.gov.
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Consolidating the African Agenda and enhanced cooperation in dealing with multilateral issues, such as reform of institutions of global governance will also be up for discussion.
Zuma and his counterpart will use the occasion to talk about issues of cooperation at a regional level, especially within SADC, and other matters affecting the continent.
South Africa and Tanzania have strong economy links, with SA being the third largest exporter to Tanzania, with a market share of 9.63 percent.
However, the trade balance between the two countries shows South Africa's exports to Tanzania went from R3.5 billion in 2009 to R3.1 billion in 2010.
On the other hand, the picture shows imports from Tanzania growing by almost 100 percent from R236 million in 2009 to R464 million in 2010.
South African exports to Tanzania consists predominantly of manufactured goods like machinery, mechanical appliances, paper, rubber products, vehicles, iron, steel, services and technology. Imports from Tanzania are mainly gold, coffee, cashew nuts and cotton.
Kikwete, who will be in South Africa from 18 - 20 July, will be with a business delegation which seeks to further explore investment and trade opportunities between the two sister countries.
The Ministers of International Relations and Cooperation, Agriculture, Forestry and Fisheries, Arts and Culture, Transport, Science and Technology, Energy, Finance, Mineral Resources, Water and Environmental Affairs, and Trade and Industry will be part of the talks.
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Pretoria - Two former Ekurhuleni employees appeared in court on Friday on charges of fraud involving a R32 million IT tender issued by the city to Meropa Sechabeng Technology in 2008.
The Hawks arrested the two, along with a local businessman, on Thursday morning.
They have been released on R50 000 bail each and the matter has been postponed to 16 August 2011.
Ekurhuleni Executive Mayor Mondli Gungubele congratulated the Special Investigating Unit for "a job well done" in leading the investigation.
This municipality has no room for fraud, corruption, and irregular, wasteful and fruitless expenditure, hence our decision to boost our internal systems and rope in agencies like the SIU in the fight against this evil.
"We have now started a rigorous and aggressive process of putting measures in place that will help us in monitoring the activities and behaviour of our employees so that we can be able to mitigate corruption as it attempts to show off its ugly head. We shall continue to deal decisively against wrong-doers in this regard and these arrests are a clear proof of our intentions," said Gungubele.
Echoing the mayor's sentiments, SIU head Willie Hofmeyr described the arrests as the start of bigger things to come in terms of the working relationship between his organisation and the City of Ekurhuleni.
"This is a big success that was uncovered by the municipality's own internal audit. As the SIU, we are dealing with major cases in the city that involve millions of rands and more successes in this regard are imminent," he said.
In October 2009, the City of Ekurhuleni decided to rope in the SIU to assist with the investigation of some procurement irregularities which had been picked up by the internal audit unit.
A service Level Agreement was signed soon after that the investigation got underway.
A presidential proclamation was signed in November last year. Following the proclamation, the municipality committed itself to working with all stakeholders in making sure that the city was cleaned up.
"I must say that our (City of Ekurhuleni and SIU) investigations into alleged corruption in the city have exposed a lot of dirt in a number of departments, including IT and waste management. We are also doing our own internal investigations in various other departments, which we hope to conclude speedily," said Gungubele.
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New Dehli - Indian police have prepared a sketch of one suspect in Wednesday's triple bombings in Mumbai, while the involvement of underworld criminals in the attack has not been ruled out, local media reported on Sunday.
Investigators have zeroed in on two suspects, local daily Hindustan Times quoted Rakesh Maria, additional director general of Mumbai Police and chief of anti-terrorist squad (ATS), as saying on Saturday.
"Investigations done so far and visits to the sites by forensic experts and investigators suggest that there was no suicide bomber and based on eyewitness accounts, we may be able to get a sketch of one of the suspects by tonight (Saturday night)," said the police officer.
He said although police had another suspect's photograph obtained from the closed circuit TV footage, they needed to work more on the photograph as the footage was grainy, according to the report.
Forensic experts have concluded that the explosive was packed in a metallic container with a digital timer.
Police said that the role or involvement of the underworld in the explosions, which left 19 dead and over 100 injured on Wednesday evening, was being examined, according to Indo-Asian News Service.
A man involved in the blasts has reportedly died of police torture during interrogation.
The report quoted a medical officer as saying that Faiz Usmani was picked up as a suspect in the triple blasts, but late Saturday evening, he suddenly took ill and was rushed to Sion Hospital in Mumbai.
The officer said when Faiz was brought to hospital, his blood pressure was in excess of 220 points and there was a large amount of blood in his brain.
"The Government of South Africa condemns in the strongest terms these atrocious acts which cannot have any justification at all in an open and democratic society," said the SA International Relations Department.
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Pretoria - An independent team of accident investigation and reconstruction specialists is helping in the culpable homicide probe after 12 Malawian nationals died in a road crash in Limpopo.
The bus accident happened on the N1 near Louis Trichardt this morning, leaving 12 dead and 49 injured.
Media reports say the bus overturned when the driver allegedly lost control of the vehicle when the brakes failed.
The bus was travelling from Malawi, but it is still unclear where it was bound.
"We want to convey condolences to the families of those killed in this tragic road crash, and wish those injured a speedy recovery. Our thoughts and prayers are with them all during these difficult moments," said Transport Minister Sibusiso Ndebele.
"We are pleading with everyone to take personally the fight against deaths on our roads and to work together to bring down road deaths during this global Decade of Action for Road Safety 2011-2020."
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"As the commission, there are no words to begin to describe this gallant freedom fighter of our lifetime, who, despite being incarcerated for 27 years, came out to spread a message of hope and goodwill to all races," said CGE.
"Tata Mandela has continuously advocated for a non-discriminatory, non-racial and non-sexist and just society."
The commission described Madiba as "a true legend of our society and a gender icon of note", as depicted by his call for a society free from gender oppression and inequality, something with which the commission identifies.
"Whilst we celebrate the birth of this hero, the commission calls upon all South Africans to remember his ideals and principles, such as dealing with the abuse of women and children and creating an HIV/Aids free society."
There is plenty in store for South Africans all over the country, as tomorrow marks the 93rd birthday of Madiba. The day is also known as Nelson Mandela International Day, where everyone is called upon to spend 67 minutes doing some good in their communities.
The 67 minutes symbolise the 67 years Mandela dedicated to fighting for a change in South Africa.
The Minister of Defence and Military Veterans, Lindiwe Sisulu, and ministry staff will celebrate the day by painting a school that's converted into a community hall in uMthatha. They will also take part in a clean up operation in the town on Tuesday, and donations of blankets and heaters, as well as the maintenance of Efata College on Wednesday.
In Gauteng, probationers and parolees will join the Department of Correctional Services officials at Mamelodi Hospital and Mmalerato Care Centre, cooking and cleaning the yard facilities, washing and ironing the laundry.
The National Youth Development Agency (NYDA) board will spend the day interacting with learners during a career guidance counselling session. NYDA chair Andile Lungisa will join Higher Education and Training Minister Blade Nzimande at the Nelson Mandela Day Career Guidance Festival in the Eastern Cape.
The centre, which is being run from a RDP house, gives specialised day care and stimulation services to 25 children from the area. It was started in March last year by a caregiver, Zamela Maqutyana, as an interim solution to a longstanding need for a facility of its kind in the community.
Volunteer work will include plastering and painting of the centre, building of a wheelchair ramp, cooking and cleaning, planting a vegetable garden, repairs to electric plugs, ceiling panels, doors and the toilet to make the centre more comfortable and accessible to the children.
The centre will also get food parcels, blankets and surprise pledges from both the Dipaleseng Municipality and Burnstone mine.
In the Northern Cape, Energy Minister Dipuo Peters will visit schools and an old age home in Galeshewe, where she will donate school shoes and computers to five schools in the area.
Peters will also get her hands dirty by working in the old age home's garden and giving 200 food parcels to poor families and the aged in the area. She will also provide bread and soup to needy members of the community and the homeless.
Communications Minister Radhakrishna Padayachie will distribute blankets to the poor and destitute in KwaZulu-Natal. The department launched the Operation Warmer Winter blanket campaign in Gugulethu in the Western Cape in June, and blankets have since been distributed in the Free State, North West and Gauteng.
In Cape Town, the Social Development Department will host a forum for community dialogue about xenophobia, in honour of Mandela Day.
The City of Cape Town is also partnering with the national Department of Human Settlements, the provincial Department of Human Settlements and the National Association of Home Builders to launch a Legacy Project in celebration of the day.
The project showcases innovative housing solutions for the subsidy sector and will see construction of eight affordable, semi-detached double-storey houses of 60mÃ½ each in Conifers, Blue Downs.
Staff of the city's 107 Public Emergency Communication Centre (PECC) will spend 67 minutes of their time at the Haven Night Shelter in Retreat. The team will assist with the preparation of meals and other tasks which need attention in and around the shelter.
After lunch is served, the 107 PECC team will educate the staff and homeless people at the shelter about the 107 emergency number and the services linked to it.
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Ha-Matsila - A community farming project aimed at developing agricultural productivity and to ensure that fewer people in South Africa are food insecure has been unveiled in Limpopo.
The interesting part of this project is that it will not only provide jobs for the local people but it will also provide food to residents. We want government to be the main source of procurement of this project.
As government, we are very proud to be associated and be part of this successful and well-run project, and we are hopeful that it will go a long way in addressing poverty and hunger in our communities.
"We will sign agreements with other government departments so that they can support the project by buying products as another way of sustaining the project," said the minister.
She urged residents to make their project grow from strength to strength. "We also urge you to develop vegetable gardens in your backyards, schools and clinics in order to fight hunger."
Joemat-Pettersson further committed to help the project with tractors.
The launch was part of the build-up to the main celebration of Nelson Mandela Day in Giyani stadium on Monday. Joemat-Pettersson got her hands dirty for 67 minutes collecting, grading, sorting, cleaning and packing eggs.
The packaged eggs were donated to orphans, children with disabilities and the poorest of the poor in the community.
This is the project which the community must jealously guard against any form of criminality and other ways of derailing it This project is thriving, it is visible and you can feel it.
"As the provincial leadership, we will be closely evaluation and monitoring this project because we don't want it to become a white elephant," said Mashamba.
Her sentiments were echoed by Duba: "We are going to establish a market for this project at an international level and we want to roll-out similar project across the province. We are really proud of what it is happening in this village. This project is also playing a central role in uniting villagers."
Luruli had this to say about the project: "We've since established a committee to work with villagers, but we want to give credit to the visionary traditional leadership of this area for uniting residents to establish this project."
Through the Matsila Community Development Trust, the project received a whopping R54 million to fight food insecurity over the next three years.
Chairperson of the Lottery Board, Dr Alfred Nevhutanda, said: "This is the first project of this nature to be funded by the Lottery Board and it is interesting to see magnificent progress and we believe that the wealth of this country should not have boundaries. Gone are those days where projects like this were known to exist in Gauteng or Cape Town."
Traditional leader Livhuwani Matsila said the project they started last year has since created jobs for 300 local residents in the village with a population of about 2 000 people.
"The secret behind the success of this project is that as residents, we are united. We've already begun to commercialise some of our products in local food outlets. With this support from government, we will take this project down the drain," he said.
Currently, there is a Comprehensive Rural Development Programme, in which the community trust is involved with Resource Africa.
The Matsila Community Development Trust was established by the Matsila royal family in consultation with residents to facilitate and coordinate socio-economic development activities within the village and its surrounding settlements.
The projects has 180 goats, a herd of cattle with 50 Nguni cows, two bulls and 4 000 chickens with the capacity to lay up to 3 000 eggs per day.
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New York - To mark the second annual Nelson Mandela International Day, the United Nations is encouraging people around the globe to perform 67 minutes of public service - one minute for every year of the South African leader's own service to humanity.
The call is part of the "Take Action! Inspire Change" campaign by the Mandela Foundation in recognition of the contributions made by Mandela, as a human rights lawyer, freedom fighter, prisoner of conscience, international peacemaker, and the first democratically-elected president of a free South Africa.
"Together, the best way we can thank Nelson Mandela for his work is by taking action for others and inspiring change," Secretary-General Ban Ki-moon said in a message for the Day.
In November 2009, the UN General Assembly declared 18 July - Mandela's birthday - Nelson Mandela International Day in recognition of the former South African President's contribution to the culture of peace and freedom.
In a separate video message, Ban called on people everywhere to embrace Mandela's message to change the world and make it a better place.
Tutor a child. Feed someone less fortunate. Care for your environment. Volunteer at a hospital or community centre. Be a part of a global movement to make the world a better place.
"Together, we can help people achieve the dignity and liberty that is their birthright. That is the best way we can honour Nelson Mandela," he said.
To mark Mandela's 93rd birthday today, senior officials, diplomats and staff from the UN will gather in New York's Central Park to perform public service.
Also in New York, an interactive exhibit called "Take Action! Inspire Change" will be displayed at UN Headquarters, where visitors can learn about Mandela through a range of video and audio materials, as well as make their pledge to "67 minutes of service" in a message that will be sent to Mandela himself.
Other UN offices around the world will also mark the Day by undertaking activities in their local communities.
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Pretoria - At 08:05 on Monday morning, South African school children all over the country sang "Happy Birthday" to former President Nelson Mandela as he celebrates his 93rd birthday.
Approximately 12 million school children took part in this show of love to one of the most iconic leaders of our time.
From "Happy birthday dear Tata, we love you Tata," to "Nelson Mandela there is no one like you", the little voices sang on this cold winter morning. The occasion was televised by the national broadcaster.
In a birthday message by President Jacob Zuma, broadcasted before the before the kids' song, the President said Mandela has laid a solid foundation for this country and it was now up to South Africans to continue his legacy.
"He showed us that despite the divisive racial oppression and hardships that this nation had gone through, it is not only possible, but necessary to embrace one another and to reconcile the South African people," said Zuma.
"We have achieved a lot, but we must still work further to eradicate poverty and improve especially the lives of children, because Madiba loves them so much. Most importantly, we must spread love, ubuntu, humility and selflessness around us."
Mandela fever is expected to grip South Africans and indeed people across the world today. But no place will feel the spirit as much as the former Transkei region in the Eastern Cape, where Madiba was born.
Unlike in previous years, where the community used to join in the birthday celebrations, this year it will be a private affair as the grandfather of the nation spends the day quietly with his family in Qunu.
Pictures sent out by the Nelson Mandela Foundation on Sunday showed a frail but happy and content Mandela with his immediate family around him for a small gathering.
However, this has not deterred the world from celebrating his birthday. Birthday messages are coming in from all corners, with social networking sites like Facebook and Twitter flooded with well wishes to the beloved old man.
Many of messages recount his life's achievements, while encouraging people to take a page out of his book by making a contribution to changing the world.
Facebook user Barbra Vhengedza wrote: "A true blessing to a mother, an honour to a family, nation and continet as a whole We thank the Lord for his mercy, grace and love to us through you. You are the father of Africa the unity of many nations. May God bless you and your family. Enjoy your day. Happy birthday!"
Christian Mbuyisa wrote: "Madiba, a hero, a man who led South African society from diversity, taking the road ahead in unity. You are a hero because you won. May God richly bless you from the top of your head to the bottom of your feet. Happy Birthday Tata Madiba."
Similar treads were also on Twitter, with Shashi Tarror writing: "Happy birthday to Nelson Mandela, statesman, nationalist &humanist, who guided South Africa's transition from apartheid to democracy."
Some retweeted his famous quotes like: "The greatest glory in living lies not in never falling, but in rising every time we fall," and "Education is the most powerful weapon which you can use to change the world."
South Africans and the world are standing up and making a difference in their communities, and in the process, continuing the legacy of Madiba.
People have been urged to donate 67 minutes of their time doing good for others in his name.
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Pretoria - An agreement ending a two-week strike in the engineering sector is to be signed later this morning, the National Union of Metalworkers of South Africa (Numsa) said.
"The agreement will be signed this morning at 11am at the Bargaining Council of Metal Workers," Numsa deputy general secretary, Karl Cloete, said on Monday.
Workers downed tools on 4 July, along with the Metal and Electrical Workers' Union (Mewusa) and the SA Equity Workers' Association (Saewa), demanding pay increases of between 10 and 13 percent. Under Numsa's leadership, thousands of engineering workers are also demanding a ban on labour brokers. The union called off the strike on Sunday.
Cloete said the agreement included a 10 percent pay rise for the lowest paid worker as of 1 July, while those in higher rates such as artisans, would receive an 8 percent increase.
He said employers have been asked to grant workers "a 48-hour grace period to return to work", adding that some workers would report for work today.
Last week, a first draft wage settlement was given to labour, after which the union's National Executive Committee looked at the proposal on Wednesday and Thursday. The union reported back to workers at the weekend.
Bilateral negotiations were held last week between the Steel and Engineering Industries Federation of South Africa (SEIFSA) -- which is a national employer federation representing the metal and engineering industry -- and Numsa.
Meanwhile, the pay strike in the petrol sector is expected to grow bigger from today after Solidarity reportedly said on Sunday its mostly skilled members at Sasol will join the strike, which has left scores of fuel pumps dry.
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A two-pronged focus on learning outcomes. Long-term planning in basic education must focus on increasing the percentage of learners who have achieved the minimum set of competencies for their grade. However, it must also focus on improving the performance of every learner, and increasing the number of learners, particularly those from historically disadvantaged backgrounds, who excel.
(two indicators, one for the minimum each learning area).
Better assessment practices in schools. Anecdotal evidence from ANA suggests the programme has allowed teachers to become more aware of how the outcomes expressed in the curriculum statements should be assessed. The past practice of allowing schools to design assessments largely on their own has clearly not been optimal. An external evaluation of the impact of ANA thus far is about to commence and this will provide a clearer idea of how ANA can be used to strengthen good assessment practices, and hence better learning, in schools.
languages of Grade ~ obtained in SACMEQ.
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Pretoria - Former President Nelson Mandela will get a special visit from President Jacob Zuma today, who will present him with an architect's impression of the Nelson Mandela Legacy Bridge.
Mandela is spending his birthday at his home in Qunu. Earlier on, school children countrywide sang 'happy birthday' for Mandela.
The legacy bridge will be constructed across the Mbashe River between Ndondolo village in the Mbashe Local Municipality and the Mvezo village in the King Sabata Dalindyebo Local Municipality in the Eastern Cape.
The Rural Development and Land Reform Department will construct the bridge and road which will link Mvezo village to the N2, reducing the travel distance to Idutywa by nearly 50km. The construction of the bridge will also reduce the travel time between Mvezo and the N2 by approximately 1 hour 30 minutes.
The 10km bridge will also provide improved access for about 20 000 people living in 21 villages in the respective local municipality areas.
"The bridge will improve the lives of people living in and around Madiba's village and is one of the key contributions to keeping alive the Mandela legacy of a better life for all," said the Presidency.
Meanwhile, well wishes are pouring in for the elderly statesman.
"The National Union of Mineworkers wishes our international icon, Honorary President of the NUM and former mineworker, Nelson Mandela, a very happy 93rd birthday," union spokesperson Lesiba Seshoka said.
The union, in partnership with AngloGold Ashanti, will refurbish Ludeke Primary School in Bizana in the Eastern Cape. The refurbishment of the school, where ANC stalwart Oliver Tambo received his primary education, will be to the tune of R1.5 million.
The Democratic Alliance (DA) said Mandela's name and legacy are synonymous with integrity, non-racialism and selflessness.
As part of celebrating Mandela's birthday, South Africans have been asked to sacrifice 67 minutes of their time in service to others. Mandela spent 67 years of his life fighting for equal rights for all.
"It is a fitting tribute to a man that gave much of his life to the betterment of South Africa," said Zille, adding that the most significant honour that can be paid to him is to work towards his vision of a better life for all South Africans.
"We wish you a happy birthday Madiba. For the moral compass you have been to us all, siyabonga (we thank you) Tata," she said.
The Democratic Nursing Organisation of South Africa (Denosa) also wished the struggle hero well, saying he remains a benchmark of what leadership should be.
"We wish Tata Mandela a happy birthday. We also wish to thank him for his selfless efforts in ensuring that today we enjoy freedom. All of us should learn from his leadership model. We wish him a long life with good health", said Denosa president Dorothy Matebeni.
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East London - Buffalo City Metro top brass got their hands dirty cleaning up the streets of East London as part of Mandela Day celebrations.
Acting municipal manager Andile Fani and speaker Luleka Simon joined hundreds of Metro staff members in a campaign to clean the city's streets.
"We decided to honour Madiba by dedicating 67 minutes of our time to cleaning up the city. This shouldn't be a once-off thing though. We should all work together to keep the Metro clean," said Fani.
Even cricket icon and ambassador Makhaya Ntini got into the act, donning a set of overalls to help the more than 300 municipal employees.
One Metro employee, Siyabonga Lamati, said that if the public worked together with the municipality to keep the streets clean, "the city would be spotless."
"We need to do this more often. People should also work with the municipality to ensure they keep the city clean and use rubbish bins provided," said Lamati.
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With trade between the two countries valued at around R60 billion, Cameron noted that engagements between Britain and South Africa were more critical than ever.
He described the relationship between the two countries as "cordial and strong", saying there was room to make it even stronger through increased trade and investment.
"There is a huge opportunity for trade between Africa, South Africa and the United Kingdom we are seeing a booming Africa and I want Britain to play a crucial role in that development. Our engagements are more important than ever before," Cameron said.
Zuma also noted that while trade continued to grow between Britain and South Africa, there was room for improvement.
"I want to say our relations are strong. We are happy to take our relations forward and we will improve as we go forward," he said.
Zuma said apart from trade matters, the discussion also centred on the leadership crisis in Libya and the political situation in Zimbabwe.
Although the two countries agree a solution is needed to resolve the Libyan crisis, differences in the approach are present, with Cameron standing firm on British support for the NATO air strikes, while Pretoria emphasised a more negotiated settlement.
"I think all of us feel we need to resolve the Libyan question. The people of Libya have to decide how they go about ensuring democracy in their country," Zuma said, adding that the African Union was willing to engage further with the European Union on an appropriate solution to the Libyan crisis.
"The Prime Minister and I agree that a solution is needed but we differ on how to go about that. What is important to us from the AU perspective is that any product in Libya should be preceded by negotiations and an end to the violence and the killing of civilians -- that is our position," Zuma said.
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Pretoria - When the pupils of Matseke Primary School in Atteridgeville returned to school on Monday, some of them barely recognised their school.
They were greeted with splashes of colour at every turn; what was broken when they left for the school holidays had been repaired, and the school was spotless.
Independent Electoral Commission (IEC) staff spent two days renovating the school as part of their Mandela Day initiative and on former President Nelson Mandela's birthday, they handed over the spruced up school to pupils and staff.
Grade 7 pupil Angie Mashola said she and her friends jumped for joy when they walked through the school gates.
"It looks beautiful and so colourful. We were so surprised. We weren't expecting this," she said.
Principal Mamakobe Malatji said the pupils were even warning each other not to touch the newly-painted walls to ensure they did not dirty them.
Before the IEC staff's efforts, property developers Abland, added colour to the school, as it had last been painted in 1987.
Malatji was particularly grateful for the work the IEC staff had done in the school's library.
"The library was a little dilapidated but they managed to resuscitate it and give it life. They cleaned, painted and even put in carpets. Finally the pupils can sit in the library and read," he said.
In the spirit of Mandela Day, Malatji said he would be encouraging parents to help with the school's upkeep so that they could build on what the IEC had started.
"I am so grateful for the 67 minutes for Mandela initiative. It has really assisted our school," he added.
IEC chairperson Dr Brigalia Bam said the project at Matseke Primary was an important one that was part of a larger project which involved the entire nation.
"This project stands for hope for the future. This is the day of Nelson Mandela - an icon who stands for hope," she said.
Bam added that it was symbolic that the IEC was at a school on Mandela Day, helping ensure the future leaders of the country could achieve their goals and in an environment that was conducive to learning.
She appealed to the pupils and school management to take care of their school, adding that the IEC would be back to check in on the school.
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Soshanguve - As a professional social worker, it was not surprising to see Social Development Minister Bathabile Dlamini in blue overalls getting dirty, cleaning and painting a centre that takes care of vulnerable and orphaned children.
Officially opened in 2005, the non-profit organisation centre renders services to 114 vulnerable children aged between eight to 18 years.
Accompanied by her Deputy Minister Maria Ntuli, CEO of the South African Social Security Agency, Virginia Peterson and department officials, Dlamini made it clear that the day was not for speeches but more for work for needy people.
Speaking to BuaNews, Dlamini said Nelson Mandela Day means commitment, selflessness and putting others first.
We've come to emulate and make a contribution on how to improve the lives of the people in the centre we are trying to walk in his [Mandela's] word and care for them, as it is our responsibility and they deserve extra care.
"I'll clean the house because I like a clean area and do some painting, which I did a lot while I was growing up," she said preparing to sweep the house.
Dlamini also reminded South Africans to make every day a Mandela Day and encouraged them to have the spirit of ubuntu.
"We need to contribute to our neighbours and when you see an abused kid, try and raise awareness and report it to the department. If the officials fail to do their work, we have to report them," Dlamini said.
The centre's project manager, Donald Ndou, described the officials' visit as a blessing and urged people who volunteered their services on the day to continue to visit the centre from time to time and offer their services.
"We appreciate the minister's visit today because what they are doing would have taken us days to complete everything, whilst they will just finish within a few hours they will even cut the grass to open the space where we will start a vegetable garden," said Ndou.
Four needy families each received a food voucher worth R1 140, donated by the department.
For Mabel Rambofheni, a TB patient who needs food before taking medication, the voucher means she will be able to get her nutritional needs taken care of.
She thanked the department for remembering people like her, who have no one to take care of them and often go to bed on an empty stomach.
"I live alone and rely on my neighbours for food as I take TB medication. The voucher came at the right time. At least for the next two months, I'll have food and be able to cook," said an elated Rambofheni.
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Pretoria - Probationers, parolees and inmates from Baviaanspoort correctional centre used their 67 minutes to show their community they are prepared to work hard to gain their forgiveness.
The former Baviaanspoort inmates rolled up their sleeves, cleaning Mamelodi Hospital on Mandela Day. They told BuaNews that they sincerely regret their past actions and would like to be united with their communities, and not be discriminated.
Philip Mashidi, a former inmate at Baviaanspoort who is on now parole, said he will spend his 67 minutes serving the community as a way of showing how sorry he is.
"I'm excited to take part in the campaign and I'm willing to do anything to help my community," he said.
Mashidi made an impassionate plea to the community to accept him. "I have done wrong in the past but now I am a changed person."
As part of celebrating former President Nelson Mandela's birthday - which is also observed as Mandela Day - people throughout the country and the rest of the world are called on to commit 67 minutes of their time to make an imprint and help change the world around them. Mandela spent 67 years of his life fighting for the rights of all.
About 25 inmates from Baviaanspoort have been sent to Mamelodi Hospital to clean the yard and floors, and to help with the cooking and making beds.
Another group of about 15 former female inmates is at a nearby Mmalerato Care Center to help with feeding the kids, among other things. The group has volunteered its services at the centre also as a way of apologising to their communities.
One of the inmates, Selina Ngake, said that taking part in the campaign is part of her rehabilitation process.
"We have made mistakes in the past and that has changed. We are now better people," Ngake said.
Ngake, who is also from Mamelodi, was released from prison on 10 November 2008 after serving a few years for an undisclosed offence.
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Giyani - Limpopo MEC for Housing and Local Government, Soviet Lekganyane, described the man of the day, former President Nelson Mandela as a source of inspiration to humanity.
The iconic world leader, Madiba, who was born on 18 July 1918 in the former Transkei homeland, turns 93 today.
Lekganyane began Mandela Day celebrations by getting his hands dirty by finishing incomplete houses for residents at Homu village.
We wish him many more days to live long so that he could see the good things which the government he loves so much is doing for its people, so that he could see that his efforts were not in vain.
"He is a source of inspiration to humanity, his good values and principles that he fought and stood for, would always remind us to do more for those of us who are less fortunate," he said.
Speaking to BuaNews, Mbombi who has been staying in a small dilapidated one-roomed house with her five children and unemployed husband, could not contain her joy.
"I will never forget this day in my lifetime. I never thought that I will ever get a decent house like this one. When it rains, we used to wake up and stand against the wall."
Acting school principal Magezi Baloyi said: We appreciate the donation from the leadership; it is a motivation for us as teachers and the learners.
"We believe that the books will help the kids to understand why as a nation we are celebrating Mandela's birthday."
Mandela Day is an annual international day adopted by the United Nations (UN) in 2009. It is more than a celebration of Mandela's life and legacy; it is a global movement to take his life's work into a new century and change the world for the better.
Mandela Day asks people across the world to embrace Madiba's values and honour his legacy through an act of kindness.
Mandela Day includes a series of events involving interactive art, entertainment, music, film, educational outreach and community service activities, with the hope of inspiring people around the globe to embrace their individual power to make an imprint and help change the world around them for the better.
This year, the main Mandela Day is celebrated at Giyani stadium in Limpopo. Giyani's economy is predominately rural, mealies, peanuts, tomatoes, potatoes, mangos, bananas and cattle ranching form the backbone of the economy.
With the country's economic boom, Giyani has now become a retail and entertainment centre for the local population. Modern shopping centres and a mini-mall have uplifted the local economy.
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Pretoria - As Mandela Day fever gripped the country on Monday, the Department of Transport followed suit by unveiling what it called the Zenani Mandela Road Safety Scholarship.
Transport Minister Sibusiso Ndebele launched the initiative, named after 13-year-old Zenani who was killed in a car crash last year, with a call for South Africans to campaign for an end to road deaths.
Ndebele said the scholarship will help educate citizens about road safety and contribute to the United Nations (UN) Decade of Action, which is also a key part of Mandela Day.
"We used the occasion to remind the world that while it is the living who close the eyes of the dead, it is the dead who must open the eyes of the living," he said.
The scholarship reflected the ethos and values of the Mandela family and Nelson Mandela Foundation, in helping young people to make a difference in their own communities and society as a whole.
Ndebele said the scholarship was established to inspire the young leaders of South Africa to join a global movement, as represented by the United Nations Decade of Action for Road Safety, which aims to save millions of lives over the next 10 years.
The successful candidate is given the opportunity to learn with and from other talented professionals from around the world, with the common aim of improving road safety.
Zoleka Mandela, the late Zenani's mother, said: "A crash robbed me of my daughter. My heart is already broken, but what makes this even worse is that so often road accidents are preventable."
According to traffic officials, 41 others were injured as the driver of the bus coming from Malawi, apparently loss control when the brakes failed. It is reported that the bus was un-roadworthy and its licence had expired, with Ndebele saying the deaths could have been avoided.
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This year's main Mandela Day celebration is being hosted in Limpopo. Premier Cassel Mathale described Mandela as one of the pillars of the country's liberation struggle.
"We are gathered here to celebrate the tall giant of our freedom and we are not alone. We are also joined by billions around the world. But to us as South Africans, this day means a lot because we've produced Mandela," he said.
Arts and Culture Minister Paul Mashatile said: "We are gathered to celebrate the birthday of a South African icon, a living legend, father and grandfather, freedom-fighter and a great son of the soil, the first President of a democratic South Africa and a Nobel Peace Prize recipient."
In today's environment, Mashatile said the word 'change' should be used to drive the fight against injustice, especially in the context of achieving the Millennium Development Goals - which seek to create a more equal global society.
This change, said Mashatile, should encompass an inclusive global economy, and support for initiatives to tackle climate change and HIV and Aids.
The minister encouraged South Africans to take action in improving the lives of communities who need a helping hand.
Through this public gathering, we hope to encourage all sectors of South African society to give at least 67 minutes of their time doing something good for others.
"We need to ensure that the significance of Mandela Day is understood, cultivated, inculcated and nurtured in the minds and imaginations of the present generation," he said.
Mashatile also emphasized the need to use Mandela Day as a vehicle to foster social cohesion, nation building, economic development and inclusive citizenship.
We need to use this day to promote an inclusive national identity and to encourage unity in diversity among all sectors of the South African society and a culture of tolerance amongst our people.
"We need to create awareness through educational programmes, dialogues and public engagements on the importance of Nelson Mandela Day; to raise awareness, build a caring nation and illustrate the importance of Nelson Mandela Day to the youth, the "born free" generations and the public at large," he said.
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Mbombela - Women in Mpumalanga will undergo a series of workshops aimed at equipping them to effectively raise concerns with the provincial government.
The provincial legislature has organised workshops between Wednesday and Friday, where the women will be prepared for the upcoming Women's Parliament on August 5.
"We will be conducting these workshops to help women find a way of raising issues in the provincial legislature. When we held the women's parliament last year, we realised that most women did not know how to participate fully," said legislature spokeswoman Tsholofelo Moreosele on Monday.
Moreosele said some women did not even know what was on the agenda for the day.
She said the women's parliament was created to enhance and facilitate women's participation in legislative processes, and that the workshops would make them aware of their role during the sessions and the topics of discussion.
"The objectives of a women's parliament is to share information, educate women and facilitate the participation of citizens in evaluating the progress made in entrenching democratic values within our population," she said, adding that women still faced challenges since the country gained democracy in 1994.
"Challenges range from poverty to unemployment, diseases and underdevelopment," said Moreosele.
The women's parliament would also involve MECs, and the main points of discussion would be the Comprehensive Rural Development Programme and the empowerment of women. Discussions would also consider progress made in terms of food security challenges to health and economic development.
Also under discussion will be the role of women in the fight against crime.
"We will discuss the route from victim to victor," said Moreosele.
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Pretoria - Political issues affecting the continent, bilateral cooperation and economic relations will feature high on the agenda of discussions between President Jacob Zuma and his Tanzanian counterpart, President Jakaya Kikwete.
Zuma has rolled out the red carpet for Kikwete, who will be treated to the religious ceremonial guard and a 21-gun salute in the flower-bedecked Union Buildings this morning.
Kikwete, accompanied by several cabinet ministers and a business delegation, is in the country for a state visit aimed at exploring investment and trade opportunities between the two countries.
Several bilateral agreements are due to be signed during the two-day visit as the countries look to expand co-operation on trade, energy, mining, water and transport.
It is Kikwete's first state visit to South Africa since he took office in 2005.
There is strong trade co-operation between the two countries. More than 150 South African companies operate in Tanzania.
The business delegations of the two countries will meet on the sidelines of the visit, and will be addressed by the two Heads of State on 19 July.
Zuma will be supported by the Ministers of International Relations and Cooperation; Agriculture, Forestry and Fisheries, Arts and Culture; Transport; Science and Technology; Energy; Finance; Mineral Resources; Water and Environmental Affairs as well as Trade and Industry.
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Cape Town - Western Cape Premier Helen Zille and her cabinet members donned overalls as they spent 67 minutes cleaning windows, floors and cots at the city's Red Cross Children's Hospital in celebration of Nelson Mandela's 93rd birthday.
While Zille, decked out in white overalls, green work pants and a green hair net, cleaned windows with some of her colleagues in the trauma ward, her other cabinet members tackled floors and beds in a ward upstairs.
The premier and her cabinet members started their 67 minutes shortly before 11am.
Zille said the idea had been to work as a team: We felt that if we all work together, we could achieve more than just working individually on projects.
I'm so glad that we decided to do a cleaning job because after we finished cleaning the windows, I could see it that it made a difference to the children in that ward. The sun was streaming into the ward on the beautiful day, the dirt was off the windows and it made a difference.
"I would like a South African way of life to be that every night when you go to bed, you say: 'did I leave the world a slightly better place than today?
MEC of Health, Theuns Botha, who cleaned ward floors and beds, said it was a special experience as he and cabinet colleagues worked with other staff.
"I just realised again that every task and position is important to make this institution a success," he said.
Botha also pointed out certain problems in the hospital to Red Cross Hospital chief executive Dr Lungelwa Lunga and her colleagues - including an ordered trolley system for medicines, cleaning materials and the like, and dirty baby cots.
Hospital staff told Zille and her cabinet that new R1-million trolleys with a colour-coding system for different uses, would be implemented, while a new cleaning system would soon be used for baby cots.
The hospital was also busy finalising a contract to clean the windows, but because of safety problems in the building, this had not yet been put in place.
At one time, Zille showed her attention to detail when she chastised a colleague for not cleaning her window properly, while joking with a hospital staff member about the number of cloths she and a colleague were going through to clean the ward's windows.
Later Zille, who sang while working with colleagues, quipped to staff at the hospital: "I've taken 67 minutes to clean one window, you'll never employ me here."
Lunga said the visit by the cabinet was "very overwhelming."
"We feel we are very privileged to have such high calibre people to come and be the general workers in our institution," she said.
Education MEC Donald Grant said: "I think there's a difference between having a (spirit of) ubuntu on the wall and in your heart and living and working it every day," said Grant, who encouraged South Africans to live a life in service of their fellow man.
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Pretoria - Parents in Gauteng have been urged to send school applications as soon as the admission process for 2012 opens in August.
The Gauteng Department of Education said the schools admission process for 2012 will open from 1 August until 30 September 2011 and an Admission Circular 5/2011 has been released and is expected to be available on the department's website.
Department spokesperson Charles Phahlane noted that managing admissions early enables the department and schools to plan effectively for the resourcing of schools and provide appropriate supply of educators, infrastructure, learning and teaching support materials and furniture, where required.
Over the past few years, the department has received about 30 000 late applications at the start of each year. This year we managed to reduce this to just under 13 000 through advocacy campaigns.
"If your child is going to school for the first time in 2012 (Grade R or 1) or proceeding from a primary school to a high school (Grade 8) or even moving to a new school, register at the school nearest to your home between 1 August 2011 and 30 September 2011," Phahlane urged parents.
He explained that upon application, parents will receive a reference number which indicates their position in the queue and applicants will be placed on waiting lists 'A' or 'B'.
"Waiting list 'A' is for applications from learners who live in the feeder area of the school and those outside the feeder area will be placed on waiting list 'B', ensure that the school provides you with an acknowledgement letter for your application, which must reflect a waiting list number."
Documentation required for admissions include a birth certificate or certified copy (a baptismal certificate is not acceptable proof), proof of residence, immunisation card, transfer card and / or last report card, and for legal immigrants - study permits.
Last Friday, the department published proposed amendments to the existing admission regulations and the public and stakeholders have 30 days to comment on the proposed amendments, which will come into effect in time to manage the admission process for the 2013 schooling year.
The proposed changes to the admission regulations will further serve to strengthen the admission process in the province and will lead to efficiency in planning to enable schools to prepare for the following academic year, overcome late registration and ensure timeous and appropriate placement of learners.
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Pretoria - The different unions involved in the current strike action are taking a revised offer to their members, says Solidarity deputy general secretary, Dirk Hermann.
This as unions, including members of the the Chemical, Energy, Paper, Printing, Wood and Allied Workers Union (Ceppwawu), held talks with the National Petroleum Employers Association in Johannesburg on Monday.
Workers are demanding minimum wages of R6 000 and transport allowances, among others.
The marathon talks, lasting for about 12 hours, resulted in a new wage offer of between eight and 10 percent across the board, said Solidarity. Initially, the employer had offered a wage increase of between four and seven percent.
Talks between unions were originally scheduled to be held at the weekend.
Solidarity joined the strike yesterday. The union wanted to go on strike on Thursday but due to a request from the employer for a 96-hour grace period, the union downed tools on Monday after a lack of communication from the employer, said Hermann.
"There are no talks that are scheduled for today as unions are taking the offer to their members, who will either accept or reject the offer. We are now in a period of consulting members," he explained, adding that Solidarity has already begun consulting its members.
Head of the collective bargaining at Ceppawu, Clement Chitja, and the association's spokesperson, Nothemba Noruwana, could not immediately be reached for comment.
The strike action, which begun last Monday, has resulted in fuel shortages.
In a statement on Monday, the South African Petroleum Industry Association (Sapia) said the strike action continues to have a significant impact on the northern areas of the country.
"Sapia and its members continue to employ contingency plans to mitigate the impact of the strike, but these plans are compromised by the increase in violent incidents aimed at intimidating non-striking staff and putting a strain on the supply of fuel to retailers."
"The total number of service stations impacted changes continuously, almost on an hourly basis, depending on supply and demand and this situation is being very closely monitored and revised contingencies are in place to address the backlog," it said.
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Pretoria - Honeymoon murder accused, Shrien Dewani, was excused from attending his extradition hearing on Monday because of his poor health.
Dewani, a British national who is accused of arranging the murder of his wife Anni while they were on honeymoon in South Africa, appeared in the Woolwich Crown Court in London at the start of his extradition hearing.
According to reports, District Judge Howard Riddle accepted the argument by Dewani's legal team that his health was fragile and agreed that under the circumstances, Dewani should be excused from court while the hearing continues.
Dewani is apparently suffering from severe post-traumatic stress disorder.
South African authorities are requesting that he be brought back to South Africa to stand trial on charges related to Anni's murder.
Dewani claimed the couple was hijacked while driving through Khayelitsha and that he was forced out of the vehicle.
Anni's body was found in the abandoned vehicle the next day. She had been shot.
Dewani returned to the UK shortly after his wife's death and was arrested thereafter.
Zola Tongo, the man who chauffeured the couple, claimed in court that Dewani gave him R15 000 as payment to kill Anni.
Tongo was sentenced to an effective 18 years imprisonment for his role in the crime.
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Pretoria - Denel is on track to generating income, with confirmed contracts in its order book already exceeding R21 billion, and prospects to the value of R44 billion being currently pursued.
Zwelakhe Ntshepe, Group Chief Executive of Business Development and Corporate Affairs, said their confirmed work includes the South African National Defence Force's contract, Project Hoefyster, for the delivery of a new-generation infantry combat vehicle.
He said the firm's prospects in the pipeline will significantly strengthen Denel's turnover and contribute to the turnaround process at the country's largest manufacturer of defence, security and aerostructure products.
Earlier this month, the state-owned company released its results, showing a net profit of R111 million - return from the black for the first time since 2001.
Ntshepe said contracts of about R5 billion were concluded shortly after year end, including the largest export order ever secured in Denel's history.
The company intends to grow the opportunities to R70 billion and ensure the conversion of at least R21 billion of this into confirmed orders over the next three years.
In the coming year alone, contracts to the value of R14 billion will be confirmed.
Denel's primary mandate is to provide strategic defence technology, products and services to the SANDF.
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East London - Nomthi Hlazo is just one of thousands of commuters that have used the Eastern Cape's Kei Rail passenger service since its re-introduction a month ago.
The East London resident, who recently used the train to visit her family in Mthatha, said the service was a welcome return and described her seven-hour journey as a "pleasant experience".
"It was such a pleasant experience because of the improvements that have been implemented since its re-introduction. All it cost me was R30," said Hlazo.
Provincial transport department spokesperson, Ncedo Kumbaca, said almost 9 000 people have travelled on the train between East London and Mthatha since the service's re-introduction in June. He added that the service has improved mobility and accessibility for rural communities living along the Kei Rail line.
"The recent passenger volumes statistics show that there's a growing interest in this service. On Monday two weeks ago, the train transported a record 791 passengers," said Kumbaca.
Transport MEC Thandiswa Marawu said these figures were proof that the decision to re-introduce the service was a good one.
"These numbers clearly show that we made the right decision by getting this project back on track. There's big business potential for various public transport modes if they work together through a feeder system to support this project," said Marawu.
She also urged public transport operators to work together with the service so that they complement each other.
"Going forward, we're going to hear less about taxis, buses and trains. Instead we will talk about the public transport industry. We call upon all role players in these industries to be geared for this integrated approach and to start working together," added Marawu.
The department has allocated R67 million for the project for the current financial year.
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This comes after ABSA took a lead in the banking sector by partnering with the National Department of Health on the department's campaign, in a bid to eliminate discrimination of employees who disclose their HIV positive status and elongated absenteeism by staff living with HIV.
The ABSA HCT campaign will be implemented in three phases, including campaign launch, training of ABSA staff on HIV and Aids and testing of staff, which includes staff members located in 900 branches countrywide.
As part of the 34 000 ABSA's workforce, headquarters staff will also attend the two-hour launch session to be followed by comprehensive training on HIV and Aids, which is estimated to be rolled out for approximately two months.
The training will entail electronic and face-to-face learning from 14 September 2011. Once all employees have acquired HIV and Aids knowledge through the training programme, employees HIV testing will commence.
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Pretoria - The Ministry of Cooperative Governance and Traditional Affairs has urged the public to have their say on Municipal Property Rates Amendment Bill while they still have the window of opportunity.
The draft Municipal Property Rates Bill was gazetted for comment on 9 June. The last date for comments is 22 July.
"Essentially, the Municipal Property Rates Act is being amended to make property rating simpler, more transparent, more uniform and easier to implement," explained Deputy Minister of Cooperative Governance and Traditional Affairs, Yunus Carrim.
He also clarified that people who owned more than one residential property will not have to pay commercial rates on their additional residential properties.
"The intention is to ensure that guest houses, bed and breakfast establishments, small hotels and the like pay commercial rates. If necessary, we will amend the draft to make this clearer before submitting the Bill to parliament," Carrim said.
Properties used for trading in and hunting of game would be regarded as agricultural property and subject to rates in the interests of equity and fairness.
The need for greater uniformity across municipalities in rating houses owned by recipients of old-age pensions and disability grants.
Aspects of public service infrastructure would be excluded from property rates because of their contribution to the country's developmental needs.
The draft Bill is in response to complaints from the public and some municipalities over the years about the lack of clarity of aspects of the original Act and difficulties in implementing it, the Ministry said.
There was widespread consultation on the draft that has been gazetted, it added.
Public hearings took place in all the provinces in April last year and were attended by ratepayers' organisations, agricultural unions, business chambers, state owned enterprises, community organisations, traditional leaders, municipalities, and individual ratepayers.
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Pretoria - Acting Cooperative Governance and Traditional Affairs (CoGTA) Minister, Nathi Mthethwa, has called for a strengthening of governance in traditional leadership structures.
Speaking to traditional leaders at a workshop hosted by the Department of Traditional Affairs in Durban, Mthethwa said better governance would result in the challenges facing traditional leaders and communities being adequately addressed.
Traditional leaders, like all public representatives tasked with the responsibility of serving the public in South Africa, must be guided by principles of good governance, he added.
The tendency to repeatedly remove chairpersons and deputy chairpersons of the National House of Traditional Leaders before they complete their term of office was an indication that something was seriously wrong with the management of the institution, Mthethwa said.
"The current term of the House has seen three different chairpersons and three different deputy chairpersons assuming positions at different times. When this current term comes to an end in May 2012, there would have been no Chairperson or Deputy Chairperson of the House who would have served a full five-year term of office," he noted.
The minister also highlighted the importance of promoting of service delivery; fostering unity and partnerships among traditional leaders with all spheres of government; accountability to government, structures of traditional leaders and rural communities; clarification of roles between traditional leadership and government structures; and transparency in terms of leadership and the utilisation of financial and other resources.
An assessment of the state of governance at traditional leadership level is currently underway.
The process is expected to help identify areas where there might be discrepancies in dealing with traditional leadership in the provinces, with a view to devising an all-encompassing strategy to deal with the identified challenges.
The assessments have been completed in most of the provinces.
Once all the process has been finalised, the provincial assessments would be compiled to give government a clear picture of the state of traditional affairs in the country, Mthethwa said.
The aim of Tuesday's workshop was to assess the state of governance in traditional affairs in KwaZulu-Natal.
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Sasolburg - National Planning Minister Trevor Manuel says a collective approach in government will be needed to address the inefficiencies in the country's education system and other challenges raised in the diagnostic report of South Africa released by the National Planning Commission last month.
Manuel was speaking during the Free State leg of public hearings on Tuesday to discuss the report following similar engagements held in KwaZulu-Natal and Eastern Cape last week.
last year to advise government on crucial development issues facing South Africa. Commissioners were further tasked with developing a 2030 vision and development plan for the country that will be tracked over time.
The document, drawn up after a year of intensive work by the NPC identified nine key problems facing the country namely, poor education, divided communities, uneven public service performance, an unsustainable resource-intensive economy, a high disease burden, unemployment, existing spatial patterns, crumbling infrastructure and corruption.
It has been received with mixed feelings by several sectors of society, with the ruling ANC saying it was in "full agreement" with the broad sentiments expressed in the body of the report to the effect that the country has achieved a lot since the dawn of democracy in 1994 but a lot remains to be done.
Manuel said on Tuesday that since the release of the commission, they had been flooded with comments from the public.
"We are obviously encouraged by the inputs we are getting. Obviously the responses will vary because some people are responding based on the South Africa we see now, whereas we will have a different South Africa by 2030, so discussion varies from individual to individual, depending on how you see South Africa," Manuel said.
The NPC is scheduled to release its first planning report that will be presented to Cabinet in November.
While Manuel conceded there were likely to be fiscal challenges for the country to address some of the issues raised on the diagnostic document, he said it was left to government to determine how resources were allocated to meet society's pressing demands.
A member of the public had earlier asked whether funding patterns for the three spheres of government were adequate enough for the country to address most of the challenges raised in the diagnostic report.
Of course there may be fiscal challenges in the long run, but resources should be allocated in the manner in which the countries [sees fit] and it's up to the Treasury to make those decisions not us as the commission.
"We will put the plan forward on 11 November and it will deal with all of these issues - some in more detail than the others, but the tools that we used are the tools that all South Africans will use to address these challenges," added Manuel.
He went on to say that the diagnostic report was not a "prescription" for the government, but aimed at allowing proper planning for the country in the next coming decades.
"The diagnostic report deals with ranging observations about the South Africa that we know now, that we can talk from research and along with where we want to be and say to South Africans, 'discuss these issues and tell us whether this is the country you want to live in 2050'."
Earlier, Free State Premier Ace Magashule said the province had been hard at work to ensure popular participation of its citizens in the report, adding that there had been an agreement at provincial government on the issues raised.
"It is very clear that the people of the province who are participating in the NPC discussions are very eager in terms of ensuring that indeed, we have one plan as a country and I think all of this is the beginning of that process and our call and plea will be for everyone to participate," he said.
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Pretoria - Labour Minister Mildred Oliphant has urged both labour and business to reach a speedy resolution in the ongoing petrochemical industry strike, saying the industry was critical to South Africa's economy.
"Prolonging the strike is not in the public interest At the moment, negotiations are between the workers and the private sector. What we're offering as government is that there are structures that the government has, like the CCMA. That is when the government can intervene but we can't just impose ourselves," Labour Minister Mildred Oliphant said on Tuesday.
Today, unions took a revised wage offer to members. Workers are demanding minimum wages of R6 000 and transport allowances, among others.
On Monday, unions, including members of the Chemical, Energy, Paper, Printing, Wood and Allied Workers Union (Ceppwawu), held talks with the National Petroleum Employers Association in Johannesburg.
Oliphant emphasised that violent behaviour during strikes was not acceptable, as it undermined collective bargaining.
On labour broking, the minister said the central objective of the current round of amendments to labour legislation was to deal with the increase in the practice. One of the demands of striking employees is an end to labour broking, as it is seen as depriving many workers of basic protection under the labour law.
"It's a key challenge that faces us. It's a challenge that will involve expanding the scope of protection beyond those who are engaged in formal employment relationships," said Oliphant.
In December 2010, the department published bills containing amendments to dispute resolution processes and collective bargaining, among others. The department also seeks to have legal amendments to regulate fixed term contracts, temporary work and the temporary employment agency sector.
Oliphant said government has agreed to extend the timeframe to allow the National Economic Development and Labour Council (Nedlac) to broaden the scope of amendments, including equity and atypical work.
This is expected to be completed at the end of August.
"If not, they will probably request us also to extend, but we believe by the end of the year because that is what we have said At least by the first quarter of 2012, those bills should be tabled in Parliament," said the minister.
Oliphant said workers who are calling for the end of labour broking in wage talks should separate that from wage issues.
She urged organised labour to inform members of Nedlac of developments.
Additionally, the department will receive R60 million from Treasury that will go towards the training and employment of inspectors to monitor labour brokers.
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Pretoria - Relations between South Africa and Tanzania are set to soar to higher levels following the signing of two bilateral agreements.
The agreements signed on Wednesday afternoon are the Bi-National Commission (BNC) and the Agreement on Co-operation in the fields of Arts and Culture.
"The signing of these instruments is a clear indication of our collective determination to take our relations to higher levels for the mutual benefit of our respective countries," President Jacob Zuma said.
He was briefing the media after holding talks with his Tanzanian counterpart, President Jakaya Kikwete, who is here for a state visit.
Zuma told a media briefing in Pretoria that the new BNC agreement does not only replace the current Presidential Economic Commission, but also seeks to broaden the scope of the two countries' bilateral cooperation.
"We felt the time had come to move beyond just economic cooperation, to other areas of mutual interest," said Zuma.
The signing of the Arts and Culture agreement will consolidate, broaden and strengthen the friendly ties and reciprocal understanding between the two countries. It will also further promote the mutual knowledge and understanding of the respective cultures, intellectual and artistic achievements, history and way of life as well as uplift and enhance the quality of life of the peoples of South Africa and Tanzania.
The agreements will no doubt in future tighten the historical relations between the two countries.
Tanzania was home to scores of South Africans during the struggle for liberation and according to Zuma, the relations should span across a wide spectrum.
"Our relationship is one born out of great sacrifices that clearly distinguished good from evil Given the sacrifices made, it is most appropriate that the two nations combine all their efforts in their fight to eradicate poverty and underdevelopment," said Zuma.
During the talks, the two Presidents indicated that they were pleased with their bilateral cooperation, although they agreed that there were still untapped areas of cooperation. In this regard, they have directed ministers to work towards the finalisation of other outstanding agreements.
They also emphasized the importance of strengthening bilateral relations in a number of fields, including energy, agriculture, mining, infrastructural development and water.
"Of particular importance is the need to prioritise economic cooperation through trade and investment and thus create job opportunities in our respective countries," said Zuma, adding that the South Africa-Tanzanian Business Forum will go a long way in identifying further areas of economic cooperation between the private sectors in the two countries.
South Africa and Tanzania have strong economy links, with South Africa being the third largest exporter to Tanzania, with a market share of 9.63 percent.
However, the volume of trade between the two countries suggests that South Africa's exports to Tanzania fell from $500 million in 2009, to slightly less than $500 million in 2010.
On the other hand, the picture shows imports from Tanzania growing by almost 100 percent from $22 million in 2009 to $44 million in 2010.
More than 150 South African companies operate in Tanzania, but Kikwete said this was not enough.
He hoped that the business forum will identify untapped business opportunities that the two countries can cooperate on.
Kikwete said the two countries needed to expand business cooperation before the issue of trade imbalance can be addressed.
Currently, South African exports to Tanzania consists predominantly of manufactured goods such as machinery, mechanical appliances, paper, rubber products, vehicles, iron, steel, services and technology. Imports from Tanzania are mainly gold, coffee, cashew nuts and cotton.
Apart from boosting trade, the two presidents also touched on how they can consolidate the African Agenda and enhance cooperation in dealing with multilateral issues, such as reform of institutions of global governance.
The two also talked about the situation in Libya and the newly born South Sudan. Asked to comment on what he would like see as the end game in the Libyan conflict, Kikwete said his country supports the AU roadmap, which encourages an inclusive and consensual Libyan-owned and led transition. It is hoped this will lead to the adoption and implementation of the necessary political reforms to address the causes of the current crisis, including democratic elections to enable the Libyans to freely choose their leaders.
Admitting that there were deeper conflict issues, Kikwete stood with Zuma that a military solution is, however, not the correct way to resolve problem.
On the new kid, South Sudan, both Zuma and Kikwete agreed that the people of that country should be given the opportunity to decide their own needs as the country, while the international community can help where it can.
The two leaders described their talks today as "fruitful and successful", which will forge strategic partnerships.
"This historic visit will go down in the annals of history as an important beacon of relations between our two nations, who will forever be bound by a history of struggle, sacrifice and common dedication to freedom, justice and the creation of a better life for all," said Zuma.
Kikwete hoped Zuma would visit Tanzania in time for the opening of the ambitious, pan-African Nelson Mandela African Institute of Science and Technology that has the main objective of developing the next generation of African scientists and engineers, in September this year.
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Pretoria - The Executive Mayor of the City of Tshwane, Kgosientso Ramokgopa, has warned that illegal taxi ranks and illegal trading in the city will not be tolerated.
According to Ramokgopa, the city is currently formulating bylaws aimed at ensuring that all illegal activities are dealt with effectively. Ramokgopa said they were going to provide adequate shelters for all street vendors trading illegally in the city.
With regard to service delivery to the public, Ramokgopa said the city will ensure that it spent its budget adequately. "The money we spend is from tax payers. They have the right to know what happens with their monies."
"Inability to spend capital budget is a crime against humanity," he said, adding that the city's intention is to create the best municipality.
Ramokgopa also hinted that the city was moving towards formalising informal settlements to ensure that people get services such as water and electricity.
In terms of vacant posts in the municipality, Ramokgopa said they have committed to fill all the posts by 30 September this year.
The city has also set itself a target of creating 5 000 jobs opportunities through the Expanded Public Works Programme also by 30 September.
During his State of the City Address earlier this year, Ramokgopa assured residents that the city would strive for better service delivery.
He said the city was striving to meet the national target of basic sanitation for all by December 2014.
With regard to community safety, Ramokgopa said the city and the Metro Police will continue to strive to bring down the number of accidents and fatalities on the roads.
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Pretoria - While the cost of living has been considered in the latest petroleum wage offer, a double digit wage increase demand is unreasonable, the South African Petroleum Industry Association (Sapia) says.
"We have placed a considered offer on the table and have taken into account all factors such as the basic minimum wage, cost of living and have compared our wage offer to that of other sectors," Sapia executive director, Avhapfani Tshifularo, said on Tuesday.
Unions, including the Chemical, Energy, Paper, Printing, Wood and Allied Workers Union (Ceppwawu), took the revised offer to workers on Monday.
Solidarity, who joined the strike on Sunday, said it would take about two days for it to consult its members on the offer. Deputy general secretary Dirk Hermann said the new offer was between eight and 10 percent, with the latter being for the lowest paid workers. Initially, the employer had offered a wage increase of between four and seven percent.
Intimidation of workers who are not on strike continued to impact on the delivery of fuel, with Sapia working closely with the South African Police Service to protect non-striking staff and to ensure the delivery of fuel.
"Contingency plans are constantly monitored and revised to adapt to the ongoing situation. Sapia wishes to reassure the public that refineries are still operating at a normal level and its members are working hard to address any backlog."
It added that it is looking forward to speedy feedback from the unions involved.
Labour Minister Mildred Oliphant has urged both labour and business to reach a resolution in the petrochemical industry strike, saying the industry was critical to South Africa's economy.
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The suspects will appear in court on Thursday.
More arrests, including that of a current and former SAPS employee, as well as a Chinese national, are expected soon.
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Durban - The KwaZulu-Natal Department of Sport and Recreation is hoping that by hosting the Premier's Cup, relations between provincial government and the sport will improve.
The Premier's Cup will be played at the King Goodwill Zwelithini Stadium on July 31 and there is no entrance fee for fans.
"There is no doubt that the people in KwaZulu-Natal, especially eThekwini and surrounding areas, will support the tournament in their numbers because we all have experienced football drought during the recess," said KwaZulu-Natal's MEC for Art, Culture, Sport and Recreation, Weziwe Thusi at the launch of the four-team competition on Tuesday.
Although there is no prize money for the winner due to the lack of sponsorship, the clubs can use the event to entice fans to attend their Premier League Soccer games. Each team though will be given a nominal appearance fee of R300 000.
KZN teams fail to attract the numbers at the stadiums at their home games, unlike the Gauteng based teams.
"Major tournaments currently underway such as the Vodacom Cup and the Carling Cup have also snubbed our province and the Premier's Cup will close that gap," said Thusi.
The MEC would also like to see the KZN based teams get more involved in the sport's development in rural areas.
"This tournament will be played annually so that our teams can benefit from it."
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Pretoria- The ICD arrested 3 policemen for torturing a suspect to death in Harburg, KwaZulu-Natal. The incident happened in June 2011. It was alleged that suspects were remanded back to the police cells from court and that these suspects had smuggled tobacco into the cells. Police officers from the CSC who were conducting cell visits detected that the detainees had been smoking so they searched the cells. The police officers wanted to find out who had smuggled the tobacco so they started assaulting the detainees in an office where it is alleged that the officers used a plastic bag to suffocate the detainees to extract the information. One of the detainees died.
The scene was attended by an ICD investigator, who managed to find the bag allegedly used by the policemen. The post mortem was attended and it was found that the deceased was murdered.
The arrest was made on 8 July 2011 and the suspects, W/O SC Ngcobo, Constables MF Xaba and SG Ntuli, appeared in court on charges of murder, assault GBH and defeating the ends of justice. They were all released on R5000.00 bail each on condition that they do not interfere with witnesses and that they hand in their fire-arms to the station. The case has been postponed to the 08 August 2011 for legal representation.
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Mbombela - Mpumalanga Premier David Mabuza has reshuffled his cabinet to allow a professional doctor to head the provincial Health and Social Development Department.
In a press conference, Mabuza said the reshuffle was based on an assessment of the MECs in the province.
"After doing an analysis, I've decided to make a few changes in my cabinet," said Mabuza.
He said that during the next provincial lekgotla, another assessment would be done to see if any more changes were needed in his cabinet.
Last November, Mabuza reshuffled his cabinet, which resulted in two members of his executive committee being removed, while several swapped departments.
The MECs who lost their jobs are Jabu Mahlangu, who formerly headed the Department of Economic Development, Environment and Tourism, and Meshack Malinga, who formerly headed the Department of Agriculture, Rural Development and Land Administration.
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"Consumer prices rose by 0.4% month-on-month and 5.0% year-on-year in June after increasing by 0.5% month-on-month and 4.6% year-on-year in May. This was in line with the market consensus but slightly higher than our forecast of 4.8% year-on-year," Nedbank economists said.
According to Stats SA, the food and non-alcoholic beverages index increased by 0.5% between May and June 2011. The annual rate increased to 7.1% in June 2011, from 6.1% in May 2011. The alcoholic beverages and tobacco index decreased by 0.1% between May and June 2011, while the housing and utilities index increased by 1% between May and June 2011 due to an increase in actual rentals for housing.
In the coming months, inflation is expected to rise.
"Past increases in international food and fuel prices are still expected to push inflation to the upper limit of the target band in the final quarter of 2011. Much now depends on whether global food and fuel prices, which appear to have halted their upward trend, will ease off in the coming months, whether second-round effects remain dormant and the rand's future course," said Nedbank.
The sharp electricity tariff hikes and municipal rates are other factors that will contribute to higher inflation.
"However, lower fuel prices following significant declines in petrol and diesel prices in July will help to moderate the rate of increase in overall prices, but this is expected to be only temporary. Today's CPI number was within expectations and is not likely to have a major impact on deliberations at the MPC meeting, with the focus more on the dangers of recent above-inflation wage settlements."
The Reserve Bank's Monetary Policy Committee began its meeting to decide on interest rates yesterday.
Nedbank expects the central bank to keep interest rates unchanged at 5.5%.
We still expect the MPC to maintain its wait-and-see policy until there is greater evidence of more generalised inflation, either due to second-round effects from higher commodity prices or price pressures emanating from firmer domestic demand.
"Latest statistics on local and international growth have not been encouraging, and we would therefore still expect the Reserve Bank's MPC to delay its first hike until early 2012, as an early interest rate increase would risk curbing the economic recovery," said Nedbank.
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East London - The Eastern Cape Transport Department has blamed unexpected passengers for the 923 pupils that weren't transported to schools with the relaunch of the province's scholar transport programme this week.
Department spokesperson Ncedo Kumbaca said there were more pupils at pick-up points than there were supposed to be. He said his department has asked the Education Department "to deal with this matter urgently."
"A list of pupils who are approved to use the programme will be provided to the scholar transport operators by Friday this week, including their routes and pick-up points," said Kumbaca.
In an effort to avoid any more complications, Transport MEC Thandiswa Marawu yesterday instructed the deployment of all the department's senior managers to various routes and pick-up points to monitor operations.
Acting Department HOD Linda Salie said only pupils who travel more than 5km to school and who have certain curriculum needs qualify for the programme.
"These criteria are aligned to the Draft National Scholar Transport Policy. This was taken into consideration in the identification of the routes that we are now servicing," said Salie.
The 923 pupils that were left stranded make up 1.65 per cent of the pupils that were supposed to have been transported on Monday. Salie said the other 55 077 pupils were collected and arrived at school on time.
"These minor challenges have been channeled to One Future Development 46, a Section 21 company established by the Eastern Cape Bus and Taxi Business Chamber to coordinate scholar transportation," said Salie.
She added that the department will also make use of local municipalities, community development workers, school governing bodies and ward councillors to assist with monitoring the programme.
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The launch is in support of the Health Department's initiative to get more people to know their HIV status, with the bank targeting 80% of its 35 000 employees nationally to voluntarily get tested.
Motsoaledi said testing should not be a once-off thing but people need to do it at least twice every year.
Since the HCT campaign was launched by President Jacob Zuma last year in April, almost 13 million people have tested, with 65 percent female and 30 percent male adults tested.
Motsoaledi urged men to join women and get tested. "We have a problem with males when it comes to testing and we call on them to join the women and test -- the 30% difference is too much. I'll be doing my fourth test today and I encourage you to test," Motsoaledi urged men.
As part of the department's prevention strategy, Motsoaledi said the department has increased male condoms distribution to one billion, and six million female condoms.
"If you are not circumcised, I can do it now. We want every hospital to conduct circumcision on a daily basis and every pregnant woman to get tested so that if they are positive they can take part in the Prevention of Mother to Child Transmission Programme, which will prevent infant mortality," said Motsoaledi.
Ramos said the Bank was launching the campaign because it understands the impact that HIV and Aids have on those infected and or affected by the disease.
The workplace has proved itself to be an effective environment for raising awareness, providing testing opportunities and offering care and support to maintain the productivity of infected and affected employees.
"It is a well-known fact that HIV and Aids and other chronic diseases have a significant impact on organisations globally and it is critical to actively manage such diseases if we are to curb it. We will continue to play our part in the fight against HIV and Aids in various ways and remain committed to supporting the national department in this regard," said Ramos.
For the next two months, Absa employees will get counselling and start testing in September.
Mazibuko reiterated that it is possible to live with HIV and become productive and successful, adding that testing has become second nature in his life and he will continue testing. He urged people to change the acronym for Aids to 'Another Interesting Day Still'.
After 20 years of living openly with the disease, my viral load remains undetectable with a 593 CD4 count and I'm far healthier than most people in this place.
"With more practical knowledge about HIV, the more it becomes disempowered and leads to effect sexual behavioural change. It becomes easy to prevent HIV than flu. I enjoy safer sex a bit more since I know my status," Mazibuko said.
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Johannesburg - Despite being criticized for his call to ban alcohol adverts, Health Minister Aaron Motsoaledi has vowed not to back down until his mission is fulfilled.
"I won't pull back on the issues of alcohol, smoking and the high medical costs in private hospitals because health is a human rights issue and differs from other commodities, hence I won't stop making noise on these issues Our children must only see smoking in museums and in the books by 2030," said Dr Motsoaledi on Wednesday during the launch of Absa HIV Counselling and Testing (HCT) campaign.
Motsoaledi noted that while non-communicable diseases cannot be transmitted, the diseases were on the rise due to unhealthy lifestyles including smoking, alcohol intake, poor diet and lack of exercise.
He recommitted his department to take care of non-communicable diseases head on.
Foetal alcohol syndrome [cases are] at 20 per 1 000 [births] around the Gauteng, and in out of about 70% of accidents, there's alcohol involved It's very destructive and we must stop lying to our youth and encourage them to take alcohol.
We have teenagers who are [overweight] and need treatment for diabetes for life. Just stand up and walk briskly for 30 minutes three times a week.
"I'm the Minister of Health and when these people are dying, they come to me and if I can't help them, they blame me," Motsoaledi said, mentioning one province where babies don't stop crying when given a bottle of milk and only stop crying when they are given a glass of beer as they got used to consuming it while their mothers were pregnant.
Absa launched the HCT campaign in support of government to get more people to know their HIV status. The company targets to get 80% of its 35 000 employees nationally to get tested.
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Pretoria - The South African National Defence Force (SANDF) is keeping up with the times by increasing the number of technologically skilled personnel among its ranks.
Addressing the media at the 5th Military Information and Communications Symposium of South Africa (MICSSA) currently underway in Pretoria, Brigadier General Simphiwe Sipika said the SANDF is increasingly participating in peacekeeping missions and there is a need to equip members with technological skills.
Sipika admitted that the defence is lacking personnel with information technology skills.
"We have now embarked on training members on technology," he said.
The MICSSA symposium is expected to provide an ideal opportunity to promote new technologies, trends and policy issues.
According to Sipika, modern military operations increasingly require an effective ability to exchange information.
In keeping with its vision, MICSSA 2011 will promote information and communications related developments to stakeholders in the Southern African defence environment and beyond, inclusive of the military and civilian environments.
Armscor co-chairman Danie Otto said communication and IT is a major enabler for modern military systems and equipment to function in a network-centric manner.
"As a modern fighting force, the SANDF is increasingly confronted by the need to participate in operations beyond our borders," he said.
MICSSA was started in 2003 and is driven by the need to create a forum where the defence community - government and industry - may share ideas, strategies, requirements and potential solutions relating to information and communications technology.
It was successfully established as a forum for the Information and Telecommunications Technology (ICT) community, with an interest in defence within southern Africa.
About 300 delegates are attending the forum. This includes delegates from other countries, some showcasing the latest military technology.
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Pretoria - The controversial Australian mining company, Coal of Africa (CoAL), will very soon resume certain mining activities at its Vele Colliery project in Limpopo.
Coal of Africa is involved in coal mining activities 7km from the Mapungubwe world heritage site, outside Musina in Limpopo.
The mining company had illegally commenced with mining activities without environmental authorisation, contravening the National Environment Management Act (NEMA).
The Department of Environmental Affairs intervened by issuing the company with a compliance notice. This halted all the activities at the site and CoAL paid close to R10 million in administrative fines to the department.
However, the application to rectify the unlawful commencement of listed activities, in terms of section 24G of the NEMA, was lodged last year in September.
On Wednesday, the department confirmed that it granted CoAL environmental authorisation in respect of section 24G for the rectification of certain activities at Vele Colliery.
Briefing reporters in Pretoria, the department's Deputy Director-General Ishaam Abader said the department granted the environmental authorisation to the mining company on 5 July.
He further said the department is satisfied on the basis of information available to it and subject to compliance with the conditions of the environmental authorisation.
Construction of a slurry dam facility at the associated processing plant area, to mention but a few.
According to Abader, the authorisation came with conditions. This activity shall resume within a period of one month from the date of issue unless directed otherwise.
"If resumption of the activity does not occur within that period, the authorisation lapses and a new application for environmental authorisation shall be made in order for the activity to resume."
As part of monitoring, CoAL will appoint a suitably experienced independent environmental control officer for the construction, operational and decommissioning phases for the development that will have the responsibility of ensuring that recommendations of the authorisation are implemented.
Again, the appointment of the Independent Environmental Control Officer must be done before resumption of any authorised activity.
Three types of products envisaged at this mine are coking coal as well as two types of middling products ('c' grade coal and power station coal).
Coking coal will be marketed mainly within the country, but with a portion of the production exported through the port of Maputo in Mozambique.
When a market is developed for the middling products, the material will be exported in part or in its entirety via road, rail or conveyors.
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Pretoria -The R45 million three-year project to help create food security in poverty-stricken Guinea in West Africa is showing positive results.
The project, which was started in 2008 between South Africa, Guinea and Vietnam, is part of a strategy to stabilise poor African countries and is intended to assist improve food security in Guinea by, among others, increasing the production of rice and vegetables on a sustainable and economically viable basis.
In a joint communiqu, following their two-day High Level Review Panel meeting, the three countries indicated that the project has strengthened the local market.
The meeting was attended by Deputy Minister of International Relations, Ebrahim Ebrahim, the Guinean Minister of Agriculture Jean Telliano and the Vietnamese Deputy Minister of Agriculture and Rural Development, Ho Xuan.
According to the ministers, small scale farmers in Guinea also benefitted from selling excess products and raised funds to meet some of their basic needs.
The communiqu, indicates that the pilot project to plant rice in the rural communities of Kamsa, Mankountan and Tamboni has directly and indirectly benefitted over 400 families.
As a result of this, up to 4 000 persons in surrounding areas have also indirectly benefitted from the project through employment opportunities and the consumption of rice, the nation's staple diet.
The communiqu, also notes that only 33.43% of the R45 million has been spent. The ministers attributed the slow pace to a number of challenges, both political and financial, which resulted in an atmosphere that was inimical to the attainment of some of the set objectives.
In this light, they have agreed to roll over the project funding for an additional two years, ending 31 May 2013.
Ebrahim said that "the project was to demonstrate South Africa's commitment to contribute significantly to food security and skills development" in Guinea.
Guinea is one of the world's poorest nations. Political instability has made it difficult for the project to progress fully. Telliano assured that Guinea was now a democratic country.
Until last year, Guinea was one of the continent's states whose direction was determined not by the ballot box but by the mood of officers inside the capital's barracks.
The general who seized power in the final month of 2009 agreed to hand over the country to civilians in the elections that took place last November.
Commenting on the latest attempts to assassinate President Alpha Conde, Telliano said these were attempts by people trying to undermine the democratically elected president.
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Pretoria - Retail trade sales in May showed a 0.0% growth year-on-year following the 10% year-on-year increase recorded in April, said Statistics South Africa (Stats SA).
According to Stats SA, in real terms seasonally adjusted retail trade sales decreased by 4.7% in May compared to April 2011. Sales were weaker than what was expected.
"Although April's high base contributed, May's figures were much weaker than market consensus forecast of a 7.2% rise," said Nedbank.
Retail trade sales in real terms for the three months ended May 2011 reflected an increase of 5% compared with the three months ended May 2010. The largest contributor to the increase of 5% were general dealers, followed by retailers in textiles, clothing, footwear and leather goods.
"May's weaker than expected retail sales numbers suggest that underlying consumer demand is losing some momentum. This, combined with the latest weak production statistics, confirms that economic recovery is still hesitant. Despite rising inflation, we believe the MPC is likely to continue with its wait-and-see policy until there is greater evidence of more generalised inflation," said Nedbank.
The bank expects the Reserve Bank's Monetary Policy Committee to keep the repo rate unchanged at 5.5%.
The central bank will make its announcement on interest rates tomorrow afternoon.
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Marapyane - The National Planning Commission (NPC) is hoping to attract more public views on the country's diagnostic report as commissioners wrap up their provincial visits this week.
NPC chairperson and National Planning Minister Trevor Manuel on Wednesday led another delegation of commissioners to Mpumalanga province, where he discussed the diagnostic report with representatives from the provincial government, including Premier David Mabuza, the business sector and civil organisations.
The document, drawn up after a year of intensive work by the NPC, had been taken to at least five provinces so far, where locals were encouraged to give inputs in preparation for the first national planning report to be tabled to Cabinet in November.
It identifies nine key problems facing the country, namely: poor education, divided communities, uneven public service performance, an unsustainable resource-intensive economy, a high disease burden, unemployment, existing spatial patterns, crumbling infrastructure and corruption.
The commission said it had decided to visit the different parts of the country not only to attract public views on the report but establish the unique and individual needs of each province to be incorporated into the national plan.
On Wednesday, discussions in Mpumalanga centred mainly on education, job creation and health care, with Marapyane, a poor rural area with dusty roads, having been chosen to host the hearings.
"We've seen from around the world that development can never just happen in cities. You may have industries in cities and they are part of the development we want, but you have to broaden your focus. Part of what we need in South Africa is rural development and actually raising living standards," Manuel said.
Despite being highly industrialised, Mpumalanga is among the poorest provinces in the country and the only one without a university, with Manuel saying agriculture and rural development will play a crucial role in developing provinces like this in the next 30 years.
"We highlight a lot of issues in the diagnostic and part of what we raised is understanding agriculture in the context of rural development and there's already some work the Planning Commission has commissioned that will allow us to engage on opportunities for employment in rural areas," said Manuel.
He said South Africa would also be looking at different models used around the world, including Japan, to ensure that countryside areas were part of national development strategy. The country's education needed to be focused and directed towards achieving the scarce skills that South Africa needs to compete with other nations.
Manuel added: "What's also important about the education system is that everything is now far more complex. Agriculture, for instance, now is more technical. A lot of it is computer driven."
Other concerns were that Mpumalanga, like the Eastern Cape and Limpopo, was losing many of its young people who migrate to the bigger cities, mainly in Gauteng, in search of better opportunities. This had an adverse impact on growth and development seen mainly in rural towns.
While Mabuza blamed economic reasons for the problem, he did acknowledge that the outcomes in the province's education were not satisfactory, despite millions of rands pumped into the system every year.
"We lose a lot of young people because there are many problems. The rural nature of our province also presents a lot of problems Our approach now as we move forward would be to confront the problem and see how we can turn it around and I'm hoping through the national planning, we will get there," he said.
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Pretoria - Disaster relief organisation, Gift of the Givers, has heeded the call to assist millions of people starving in Somalia.
This after the United Nations declared a famine in two regions of southern Somalia, owing to the worst drought in decades.
Gift of the Givers has put in R5 million high energy nutrition packs and water on standby to respond to Somalia starvation, the organization said on its website.
"They are already preparing medical teams to be dispatched to Somalia. Logistical arrangements are underway and flight arrangements are at an advanced stage," the organization said.
The UN says in the two regions of southern Bakool and Lower Shabelle, acute malnutrition rates are above 30%, with deaths among children under the age of five exceeding six per 10 000 a day in some areas.
In the last few months, tens of thousands of Somalis have died as a result of causes related to malnutrition, the majority of them children.
"Every day of delay in assistance is literally a matter of life or death for children and their families in the famine-affected areas," Mark Bowden, the UN Humanitarian Coordinator for Somalia, said on Wednesday.
Bowden warned that malnutrition rates in Somalia are currently the highest in the world, with peaks of 50% in certain areas of the country's south.
Consecutive droughts have affected the country in the last few years, while the ongoing conflict has made it extremely difficult for agencies to operate and access communities in the south. Nearly half of the Somali population - 3.7 million people - is now estimated to be in crisis, with approximately 2.8 million of them in the south.
It is the first time since 1991-92 that the UN has declared famine in a part of Somalia.
Famine is declared when acute malnutrition rates among children exceed 30%, more than two people per every 10 000 die per day, and people are not able to access food and other basic necessities, according to the UN Office for the Coordination of Humanitarian Affairs.
Speaking to reporters in New York, Secretary General Ban Ki-Moon stressed that humanitarian agencies need urgent funding to save lives, adding that roughly $300 million is needed in the next two months to provide an adequate response to famine-affected areas.
"We need donor support to address current needs and prevent a further deterioration of the crisis," he said, after addressing the Security Council on the impact of climate change on international peace and security.
"If funding is not made available for humanitarian interventions now, the famine is likely to continue and spread."
Bowden said without immediate action, the famine will spread to all eight regions of southern Somalia within two months due to poor harvests and infectious disease outbreaks.
"We still do not have all the resources for food, clean water, shelter and health services to save the lives of hundreds of thousands of Somalis in desperate need," he added.
While UN humanitarian agencies have welcomed the recent statement by the insurgent group, Al-Shabaab, requesting international assistance in southern Somalia, the inability of food agencies to work in the region since early 2010 has prevented the UN from reaching the very hungry - especially children - and has contributed to the current crisis.
UN agencies have asked for $1.6 billion to pay for essential programmes in the Horn of Africa, but have only received half that amount. Kenya, Somalia, Ethiopia and Djibouti are all facing a crisis that is being called the worst in 50 years, leaving an estimated 11 million people in need of humanitarian assistance.
According to the WFP, famines were declared in southern areas of Sudan in 2008; in Gode in the Somali region of Ethiopia in 2000; in the Democratic People's Republic of Korea (DPRK) in 1996; in Somalia in 1991-1992, and Ethiopia in 1984 -1985.
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When he entered the 2011 Comrades Marathon in May, Dhlomo identified three projects he wanted to raise funds for. To honour his promise, on Friday he will hand over the proceeds emanating from the race.
Dhlomo is expected to hand over a science lab to Sekusile High School and tracksuits to Khulakahle Primary School, both in Newcastle.
A businessman in Newcastle, Dr Mduduzi Gama, dared Dhlomo to complete the race and he would donate a science lab to Sekusile. Since Dhlomo lived up to the dare and completed the race in 12 hours 31 minutes, Gama has also lived up to his end of the deal.
Sekusile was identified by the Education Department in their Quality Learning and Teaching Campaign, after the school's matric pass rate dropped from 90% in 2005 to 75% in 2006 and further to 54% in 2010.
Dhlomo will also give 210 tracksuits to Khulakahle Primary for Grade 1 learners to ensure that they have something warm to wear during the chilly winter. Khulakahle is a stone's throw away from Sekusile High.
The money for the tracksuits was diverted from the funds that would have been spent organising a big function for the lab hand-over.
Dhlomo noted that by sacrificing one meal, they have provided warm clothing to all Grade 1 learners at the neighbouring primary school.
"Such a gesture should serve as a reminder to all learners that as they receive these gracious gifts, they must also be prepared to give to others now and in the future this is the new breed of citizens that this beautiful country of ours needs," Dhlomo said.
The three projects identified by Dhlomo include the re-establishment of the KwaZulu-Natal Children's Hospital in the Durban beach front area; the Phumanathi Athletics Club, which will be promoting healthy lifestyles in communities and Sibusisiwe Comprehensive Technical High School in uMbumbulu, where he wished to raise funds for an Audio Visual & Arts Centre and/or a science lab.
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Pretoria - A renewal of conflict in the eastern region of the Democratic Republic of Congo (DRC) has the potential to spiral out of control into full blown ethnic violence, an analyst has warned.
The relationship between the DRC and Rwanda, the cause of the conflict, originated after the genocide of 1994. It was then that 1.2 million refugees flowed over the Rwandan border into eastern DRC.
However, the Rwandan government now wants the Congolese government of President Joseph Kabila to expel Hutu refugees from the eastern region so that they can return to Rwanda to face trial for genocide crimes committed.
The North and South Kivu provinces are still a hive of illegal mining activity as Rwandan refugees, as well as locals, mine for diamonds and coltan. Coltan is a vital component for mobile phones, laptops and pagers, and the price of coltan increased 10 fold in 2000 which led to a "Coltan rush".
"The deployment of Angolan troops could, however, further escalate the conflict," Dr Sturman explained.
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Hazyview - Two women from Mpumalanga have made it into the finals of the 2011 Shoprite Checkers Women of the Year awards.
The awards celebrate exceptional and visionary women in five categories, namely: health care-givers, educators, socio-economic business developers, good neighbours against crime and youth movers.
Mpumalanga will be represented by Dr Tina Cowley from Emalahleni, who is a finalist in the educator's category, and Phumzile Sihlangu from Mkhuhlu near Hazyview, who is a finalist in the socio-economic business developers category.
Sihlangu, who runs the Samkelisiwe Farming Project, started farming in 2008 after losing her husband in a car accident.
"My husband was killed in a car accident in 2007, and since he was the bread winner, the responsibility of maintaining our three children was in my hands," said Sihlangu. "Poverty encouraged me to go and do something about the situation."
She farms a range of vegetables from cabbage to tomato and butternut on her 21-hectare farm.
She said her farm yields 1 000 butternuts per hectare, which are supplied to big supermarkets around South Africa.
"It all started in Mkhuhlu, but Samkelisiwe now supplies big supermarkets in the country," said Sihlangu.
The 37-year-old said her farming and business skills improved when she went for training at the Mpumalanga Agri Skills Development and Training Company (MASDTC).
"Through the help of the Small Enterprise Development Agency, Sihlangu was taken through an incubation programme, which helped with her farming skills," said MASDTC business development officer, Thobile Maphosa.
Maphosa said received seedlings from the provincial government, which she used to plant cabbages and grow them commercially.
"The government provides seedlings to commercial farmers in the province with the intention to assist their farming projects. Sihlangu has come a long way, with the momentum she's on, she is slowly but surely reaching her dreams," Maphosa said.
Sihlangu, who employs 17 people, seven permanent 10 temporary, said although she was on her way to success, running her farming business was not so easy.
"My biggest challenge as a farmer is that I do not have a car, which results in it being difficult for me to transport the vegetables and perform duties which require a car," said Sihlangu.
She said her dream was to export her products and that she was already in the process of getting a permit from the South African Revenue Service.
"If I win the 2011 Shoprite Checkers woman of the year award, I will employ more people to assist in the farm," said Sihlangu.
Dr Cowley, who started the Tina Cowley Centre, has turned 25 years of her research into a successful business model in which students with learning disabilities are successfully taught how to read through a network of 101 franchised enterprises in urban and rural areas throughout the country. Of the franchisees 94% are women-run.
"I was persuaded to do research in South Africa and internationally because of my son who struggled with reading. It was the love of a mother that led me to do the work I do," said Dr Cowley.
She said she started helping others at her home when other parents requested that she help them.
She said her research was first tested at Panorama Primary School in Emalahleni, which brought phenomenal results seven years later.
"My husband built a proper reading centre in our home; unfortunately it burnt down together with our home in 1998," said Dr Cowley.
After Dr Cowley lost everything in a fire, the community of Emalahleni donated everything the centre needed, including a new reading centre in town.
"The centre in town was accessible to people in the neighbouring community, who then started coming to the centre to improve their reading skills," said Dr Cowley.
The winners in each category will be announced on Saturday at a gala dinner at Emperor's Palace in Johannesburg, Gauteng.
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Pretoria - The South African Police Service (SAPS) and Crime Line have issued new photographs of the gang members responsible for a spate of ATM bombings.
The photos include at least four of the gang members responsible for a spate of ATM bombings, including the recent attack in Pimville, Soweto, during which a police officer was shot and killed, are clearly visible.
The latest pictures were captured on CCTV cameras during an attack on an ATM in Vryheid, KwaZulu-Natal, this week.
It's suspected that the same gang of at least 10 men were responsible for the Soweto ATM bombing about two weeks ago. They used a white Isuzu bakkie. The gang was heavily armed.
"It appears that the same modus operandi was used in the latest ATM bombing in KZN. The Isuzu bakkie was abandoned after they attacked the ATM in Vryheid," said Gauteng police spokesman, Brigadier Neville Malila.
"Police now have four clear photographs of the suspects. We appeal to the public to please take a close look at their faces and come forward with information on their whereabouts," said Malila.
Detectives are working around the clock, following up on information and they believe that the release of the "fresh photos" will assist in bringing the criminals to book.
Police appealed to the community to also take a close look at the men's clothing as this could assist in identifying them.
Two weeks ago, the SAPS and Crime Line released CCTV footage of the Soweto bombing. One of the suspects has a limp.
"Information is coming in following the release of the initial CCTV footage, but we need more. Someone, somewhere, somehow knows these ATM bombers and cop killers. Do the right thing and come forward with information to Crime Line and / or Crime Stop," Malila added.
Detailed tip-offs should be sent to Crime Line's 32211 SMS service or online at www.crimeline.co.za. The public can also call Crime Stop on 08600 10111.
Police earlier said a R150 000 award was on offer to anyone who could provide information that could lead to the arrest of the suspects.
Detectives suspect that the men travel frequently between Gauteng and KwaZulu-Natal, but they could also be in other provinces.
"They are heavily armed, brazen, well organised and they are not afraid to kill if necessary," Malila said.
Head of Crime Line, Yusuf Abramjee has asked the public to ensure they give detailed information when submitting tip-offs.
"We want the who, what, when, where, why and how. However, we appeal to the public not to approach these men and to pass on information anonymously," he said.
"To qualify for the police reward, tipsters will have to volunteer their names and telephone numbers. We will ensure that the information is dealt with in the strictest confidence," said Abramjee.
He added that the public response to the release of the CCTV footage two weeks ago "was excellent."
On YouTube alone, there was some 7 000 views and thousands more have watched the footage on various media websites, including Crime Line, and the still pictures on television and in newspapers.
Abramjee has appealed to the community to take a close look at the latest pictures and to "stand up and make a difference."
"Let's get these thugs arrested without delay. They are continuing their crime spree and have no respect for law and order. We are confident that the public will be able to identify some if not all of them, which will lead to a breakthrough."
"Criminals can run, but they cannot hide. I remain confident that with the assistance from the public the police will squeeze the space for these criminals and get them behind bars," said the National Police Commissioner, General Bheki Cele.
"We buried the 33-year-old police reservist, Busisiwe Mehlwana, in Soweto on Saturday. Her children are motherless and we've lost a good crime fighter. Now we must do everything to get the killers arrested," Cele said.
He said the public should use Crime Line and Crime Stop to pass on information. "Please come forward."
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GDP growth 3.2 4.3 0.5 4.2 3.7 4.9 5.4 3.0 2.
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Polokwane - Black tourism entrepreneurs from Limpopo have one day left to enter the 2012 Emerging Tourism Entrepreneur of the Year Awards (Eteya) competition.
Spokesperson for Limpopo Tourism and Parks (LTP), Ntlhekeng Kgatla, said the competition closes on Friday and urged interested operators of small, medium and micro enterprises within the tourism sector to grab the opportunity.
"We are only left with Friday for all entries to be wrapped up. A lot of tourism operators have responded positively to the competition, but we are saying it is not too late for those left behind. Enter today," said Kgatla, on Thursday.
Kgatla said the annual competition is open to black entrepreneurs with a tourism business that has been in operation for less than five years and has an annual turnover of no more than R5 million.
"The main objective of hosting the competition is to raise service standards and reward entrepreneurs who go all out to give an authentic South African experience," said Kgatla.
He said the competition is a South African tourism initiative in partnership with South African Breweries and the Limpopo economic development, environment and tourism department.
LTP chief executive Rob Tooley said the province had won the overall national first prize three times in 2002, 2004 and 2006. In 2009, the province achieved first runner-up.
"In 2007, 2010 and 2011, we received the second runner-up awards. This is a very impressive achievement for us as a province and we would like to continue on this path, which assists in creating the necessary jobs in this sector of the economy." said Tooley.
He said the competition would help uplift standards and that the LTP would help applicants meet requirements for entering the competition.
For more information, entrepreneurs can call 015 293 3600.
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Hargreaves replaces Johann Muller, who was ruled out after further evaluation on his hamstring strain during training.
Muller had not recovered sufficiently to take his place in the team.
"The new caps had outstanding Super Rugby seasons and this is an exciting opportunity for them. They have been rewarded for their form and now it's up to them," said Bok coach Peter de Villiers.
The world champions will be led by John Smit, in his 103rd Test and the skipper is confident that the two newbies (Greyling and Kruger) will fit well into South Africa's front row.
"We have got some new combinations, but there is a lot of potential in this side and the players are hungry for this chance," added De Villiers.
The South Africans are prepared for a fiery Australian side whom will be looking to make up for their 32-23 loss to Samoa. Seven regular Wallabies were missing from Sunday's defeat.
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Durban - South African youth have been given an opportunity to gain insight into the future of housing and to present their vision to Human Settlements Minister, Tokyo Sexwale, on what they would like to see happen on the South African housing landscape in 19 years' time.
South Africa currently has a housing backlog of over two million houses. According to Sexwale, the total eradication of the backlog would mean that 12.5 million people will be provided with homes.
He was speaking at the two-day Human Settlements: Vision 2030 Youth Summit at the Olive Conference Centre.
Youth delegations from the nine provinces were present to discuss their vision for affordable and good quality housing projects by 2030.
"This summit is essentially about the ever so critical dimension of shelter - appropriate, affordable and good quality shelter," said Sexwale.
As part of social infrastructure development, we will provide suitably located and affordable housing and decent human settlements Human settlements is not just about building houses. It is about transforming our cities and towns and building cohesive, sustainable and caring communities with closer access to work and social amenities, including sports and recreation facilities.
"Where we live must also be where we can learn; where we live must also be in the proximity of leisure, where we can play pray and so on," said the minister.
The opening session was also attended by Arts and Culture Minister Paul Mashatile, who said South Africans have to move away from being a nation of recipients, and towards becoming creators.
Mashatile said a programme is in the pipeline to train young people to become designers as they have a role to play in transforming the country. He also called for more youth to be trained as bricklayers and plumbers.
Sexwale posed 10 questions to provide a framework for the summit. Delegates are expected to tackle issues on residential de-racialisation, land redistribution, housing typologies and climate change challenges.
Sexwale wants the youth to starting grasping the role of financial services, banks and other financial institutions in terms of purchasing properties.
There are many uncertainties facing the youth and the increasing instability of the global economy is a major one to consider, said Sexwale.
"Although our country avoided a direct hit from the devastating effects of the last global economic recession, all indications are that the next one may not pass us over. The increasing likelihood of the default of sovereign debts looming over several developed nations can have devastating effects upon the developing economies such as ours," said Sexwale.
He wanted the youth to know about the process towards home ownership, how to access a government grant if needs be or housing loan finance and bonds mortgages.
The programme, which ends on Friday, is expected to give delegates ample opportunity to engage with ministers on these issues.
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Pretoria - Government has lodged an application seeking a review for the approval of the Wal-Mart/Massmart merger.
"The review application points to serious flaws on the provision of relevant information and documents by the merger parties, in consequence of the curtailment of information that the Competition Tribunal ordered to make available for discovery," the Departments of Agriculture, Forestry and Fisheries, Economic Development, and Trade and Industry said in a joint statement.
At the end of May, the Competition Tribunal decided to allow the US retail giant to merge with Massmart, with conditions. Wal-Mart will acquire 51% of the South African retailer in a deal worth about R16.5 billion.
This week, public hearings into the merger were heard in Parliament. Today the Portfolio Committee on Economic Development will be briefed by the Competition Commission and Competition Tribunal.
In a joint statement on Thursday, the departments said the merger should be referred back to the Tribunal for reconsideration.
The unavailability of relevant information prevented government from placing before the Tribunal all relevant information that was required for proper consideration by the Tribunal.
Government added that the timetable for the hearing set by the Tribunal, and the scheduling of witness testimonies compromised the ability of all parties to air their concerns.
"The departments argue in their papers that this lack of information in turn affected the ability of the Competition Tribunal to properly appreciate the potential damage of the merger and the crafting of appropriate conditions to address such damage."
Earlier, government had asked the Competition Tribunal to place conditions on the approval of the deal that would avoid substantial job losses in the Massmart supply chain.
"The review application requests the Competition Appeal Court to reconsider the merger approval and / or the conditions imposed by reviewing and setting aside the discovery order and the scheduling decisions and effectively remit the matter to the Competition Tribunal for reconsideration," said the directors' generals of the three departments.
"The three government departments participated in the Tribunal hearing in order to support domestic manufacturing and value adding industries. The Competition Act expressly requires the competition authorities to take into account the effect that the merger will have on the public interest, inter alia on employment and small business as well as black owned businesses."
Government says it presented a persuasive case in the matter.
"The state presented a compelling case to the Tribunal in the hearings on this matter, where it outlined the concerns that the merger of Massmart with Wal-Mart will bring about an increase in imports, and that even a 1% increase in imports could result in thousands of manufacturing jobs being lost in South Africa. Given the size, global reach and international experiences of Wal-Mart, there is good reason for the state to have such concerns."
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Cape Town - Higher Education and Training Minister, Blade Nzimande, has allayed some concerns within the Sector Education Training Authorities (Setas) that his reforms would take away government funding.
He said that he had no intention to "micro-manage (Setas)" and committed to consultation.
However, the minister did not shy away from his plans to clean up the mess in the industry and ensure quality training of the youth and creating better employment opportunities.
"I'm not going to grab money from Setas," he said, outlining that had other challenges to address in the National Skills Fund (NSF).
He strongly challenged poor training by some Setas, saying they were reproducing "apartheid cheap labour."
Nzimande was addressing the Services Seta in Cape Town on Friday while on the third leg of his road show sessions to clarify issues with Setas around the country.
Recently, he said that he had been to KwaZulu-Natal and Gauteng provinces on the same mission.
Nzimande said that 20 000 students produced by Setas last year remained at home unemployed.
The minister said R9.1 billion currently in the hands of these training institutions was being used largely to pay private consultants.
"Seta money is public money and not private money," he said, adding that Setas should collaborate with government instead of being run only by organised business and labour.
He decried corruption in the industry, saying that board members of some Setas had companies which sourced contracts from the same organization they worked for, therefore amounting to conflict of interest.
Other Setas had board members running up to 50, he said, indicating that a standardised constitution for the industry was in the pipeline.
He also said that a board with 15 members to represent the industry at large had been set up.
The board was made up of 15 members, six from labour, six from business and three from his ministry.
Calling for accountability, Nzimande said that in future, candidate CEOs of Setas would be submitted to Cabinet for approval.
He said that apart from the industry's need to partner with Further Education and Training colleges (FETs), they should also pay attention to improving the situation in the rural areas.
He said that those who did not want to work with FETs were "thinking through their stomachs."
Because of rampant corruption within the Setas, some in the ANC had wanted the institutions shut down. But instead, Nzimande said that he had reduced them from 23 to21.
His address was largely welcomed, but concerns were raised as to whether his department had the capacity to drive this transformative project.
In response to that, he said that capacity was a challenge which they were currently addressing within and outside the department.
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"It is a fact that 75 percent of South Africans have inadequate retirement savings. The sad truth is that some people do not manage to retire at all and find themselves facing serious financial shortfalls when they reach retirement age, with far too little in the way of savings to maintain their lifestyle," Cronje said.
She pointed out that the low rate of saving and the increase in the debt of citizens in the hope of achieving their aspirations instantly have dire consequences not just for the individual's financial stability, but also for the provincial efforts to achieve sustainable economic growth.
The provincial government, through the Provincial Treasury, has prioritised educating citizens about how to manage their finances.
The initiative has seen the province calling for the financial services sector and the private sector to come on board and play its role through the KZN Financial Literacy Association, championed by Cronj,, in helping citizens to make financially-sound decisions.
Through this association, the government and private sector are tackling financial illiteracy head-on this initiative involves numerous educational programmes targeting the citizenry, starting at school level, as a way to create a savings culture in the province.
"A savings culture needs to be inculcated in all the citizens, young and old, people cannot live like there is no tomorrow, we have to save for rainy days, a high savings rate would allow our province to meet investment needs, making us less reliant on volatile short-term capital inflows for funding, which can easily be reversed and pose risks of instability for an emerging economy like ours," said Cronje.
She noted that although the country is officially out of the recession, its savings rate of 16 percent is far lower than that of other successful countries, even in Africa.
"KwaZulu-Natal's economic growth of 3.13 percent in 2010 is worrisome indeed but given where we were a year ago there is an improvement, however it is not at the level where we would like it to be or at level where we are able to create sufficient and descent jobs."
The national government recently launched the National Savings Month (July), where citizens were encouraged to 'save now' and to do it for themselves and for their country.
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E-mail : pillai.manusha@gmail.
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3x2 + 6xh + 3h2 - 3x2 h â 0 x h the numerator, so let's factorise.
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Pretoria - Cabinet will tomorrow begin its annual mid-year lekgotla to review achievements and identify interventions needed to speed up progress on job creation and service delivery.
Zuma, his Cabinet ministers and the premiers of the nine provinces, will gather at the Presidential Guest House in Pretoria from Tuesday to Friday to also deliberate on the implementation of the other key priorities including education, health, rural development, food security and land reform and the fight against crime and corruption, Government Communication and Information System CEO and Cabinet spokesperson, Jimmy Manyi, said on Monday.
In January, Zuma declared 2011 a year of job creation.
Manyi, who was briefing the National Press Club in Pretoria about current affairs, also hoped that the lekgotla will come out with more information on the National Health Insurance (NHI).
Cabinet is expected to finalise the long awaited NHI green paper. The document was first submitted to Cabinet in April, after which it was returned to the Department of Health so that changes could be made to the paper's outline and details of the "re-engineering" of South Africa's health system were added.
The NHI is set to be introduced over a 14-year period starting next year. It is expected to make provision for a government-managed central purchaser of healthcare services.
Only state-accredited healthcare providers will be permitted to contract their services with the NHI and, through a tax, membership of the scheme will be compulsory for all South Africans. Citizens will, however, be allowed to purchase additional private medical insurance.
In his wide ranging briefing, Manyi said although there were challenges, government has made "big progress" and remained committed to changing the lives of ordinary South Africans.
He spoke about crime, education and corruption, where he reiterated government's commitment to addressing and improving the current situation. Manyi also touched on the recently signed national skills accords, which he said will ignite SA's economy to reach the target of creating five million jobs and cutting unemployment to 15 percent by 2020.
Manyi also spoke on the Wal-Mart/Massmart merger, saying government was not considering a veto on the deal, but believes public interest concerns make a review essential.
The merger was approved with four conditions, including no retrenchments for the next two years. Three government departments - Economic Development, Trade and Industry as well as Agriculture and Fisheries - formed part of the proceedings when the Tribunal took a decision to approve the merger.
Government opposed the merger between Wal-Mart and Massmart on the grounds that it would lead to job losses and a flood of cheap imports, which would destroy small businesses and undermine industrial development.
He emphasised that it was wrong to suggest it was unfair to impose conditions on Wal-Mart, and that in opposing the merger, government was not acting in the interests of poorer consumers.
"We believe it is absolutely essential that the public interest concerns are properly ventilated South Africa is still young, it's 17 years, and therefore we cannot be plunged with people who have been running this race for [a long time] we need time to think."
On the Public Protector topic, Manyi said all questions about the Public Protector had been centralised with newly appointed presidential spokesman, Mac Maharaj. Manyi said the decision was taken because government wanted to avoid confusion on communication around the matter.
Earlier this month, Public Protector Thuli Madonsela released the second of her two reports into two controversial building leases, in which she found that the conduct of National Police Commissioner, General Bheki Cele, and Public Works Minister Gwen Mahlangu-Nkabinde amounted to maladministration.
Manyi also dismissed media reports that he will be appointed director general (DG) of Mineral Resources.
Reports speculated that Manyi will be deployed to the department after an expected Cabinet shake-up.
He said the reports were "pure rumor and nothing else."
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The panel is fully briefed on the criteria for selection and is chaired by a provincial representative. The inclusion of curriculum developers in the selection panel is crucial as they, based on their interaction with the educators are able to recommend educators who have demonstrated integrity in the conduct of internal assessment.
The DBE appointed a seasoned team of experts to set the national question papers and to serve as moderators of marking. The core business of this team is to verify whether the marking guideline is being applied consistently from one province to another. These experts perform the role of evaluators and ensure that standards are maintained across provinces so as to ensure that when results are compared, they are based on the same standard of marking across provinces.
The Western Cape has utilized an effective system of capturing the learners' marks per question and this has enabled the province to identify weaknesses of learners in specifc domains. Therefore problems in performance are no longer generalized but the detailed analysis is able to pinpoint a domain-specifc area of defciency which needs to be remedied. In the case of other provinces, the moderator was tasked to collect data and generate an analytical report. This feedback to teachers will improve teaching and learning, as teachers focus on particular areas of weakness in their subject.
At this level, moderation is conducted by teachers, i.e. peer moderation, although under supervision of subject advisors. The moderation involves: checking for compliance in terms of the Subject Assessment Guidelines (SAGs), as well as evaluating the assessment tasks, to ascertain whether they are pitched at the appropriate level. While these are considered good practices, the checking of assessment tasks in most of the provinces does not serve the purpose as it is done after the assessment tasks are administered and marked. In some cases this is done late in the year. Therefore, there are cases where the standard of the assessment tasks is not pitched at the appropriate level and learners receive infated marks which gives them a misleading picture of their performance. This also does not prepare learners to answer questions pitched according to the required cognitive levels.
In provinces where there is a large number of schools and insuffcient Subject/Curriculum Advisors, some schools are moderated late in the year and therefore do not beneft as they should from the moderation process and the support.
The video lessons, focusing on an examination paper per day, for revision purposes, were broadcast on DSTV Channel 319 and Top TV Channel 319 daily, from 09:00 to 19:00. Between 23rd September and 2nd October 2010, the examination preparation programme was broadcast from 23rd October to 23rd November 2010.
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Cell.
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Pretoria - After last week's bomb attack and shooting in Oslo, the Norwegian government has opened a book of condolences at its Pretoria offices.
"Following Friday's horrific and tragic attacks on the government offices in Oslo and on the youth summer camp at Utoya, the Norwegian Embassy would like to thank the many individuals, organisations and government representatives that have already sent messages of condolences and sympathy to the Embassy, Norway and its people," said the Norwegian Embassy on Monday.
There was a bomb blast in front of the Norwegian prime minister's office and a shooting incident in nearby Utoya island.
"The Norwegian Government is making every effort to communicate this wave of sympathy to the relatives as an expression of international solidarity at this very trying time," said the embassy in a statement.
The book is open for signing at the embassy's offices at Ozmik House, North Wing, 165 Lynnwood Road in Brooklyn from 10am to 3pm. It will be open until Friday.
Meanwhile, Anders Behring Breivik, the 32-year-old Norwegian who has admitted responsibility for both incidents, appeared in Oslo Tinhaus, the district court, on Monday where his custody was extended for an additional eight weeks.
The ruling was announced by Judge Kim Heger in a press conference immediately following the afternoon hearing, which was not open to media due to security concerns.
Earlier, reports said the twin attacks may have claimed over 93 lives, but on Monday Oslo police downgraded the death toll to 76 people, due to the renewed counting of death numbers in the Utoya shooting incident.
The hearing only lasted for less than an hour and no media access was allowed to the court room throughout the process, though the case has attracted spotlights from all across the world.
The ruling said that Breivik would be held in custody until otherwise decided by the persecution of the court, but his custody should not go beyond 26 September 2011.
Further investigation will be carried out during the extended period, and "such investigation must be conducted without the accused having the opportunity to influence or disturb it," the ruling added.
Accordingly, a ban was issued on the suspect, prohibiting him from letters, visits, and access to media throughout the custody period as well as complete isolation until 22 August 2011.
Breivik was not given the chance to speak to media after the hearing.
The judge said the accused had acknowledged the actual deeds of committing both of the attacks, but he had not pleaded guilty, reasoning that he needed to carry out these acts in order to save Norway and western Europe.
Motive of the attacks was cited by the judge as "to give sharp signal to people."
"The accused intended to induce the greatest possible loss to the Labor Party so it in the future will limit recruitment," he said.
The suspect was also quoted as saying that as long as the Labor Party keeps driving its ideological line and keeps deconstructing Norwegian culture, they must assume this "responsibility of treason."
If convicted, Breivik faces a maximum of 21 years sentence under the Norwegian law.
According to his social media profiles and online manifesto he posted on Friday hours before the attack, Breivik holds extreme right-wing and anti-Muslim views and is a conservative Christian.
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Metro FM is an SABC Radio Station.
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2.1 Writing a communication strategy 2 2.3 Writing reports 3 2.
E-mail 5 3.
Adverb 8 4.2 Verb agreement (concord) 8 4.4.
Use short sentences and simple language that everybody can understand.
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On Mandela Day, the Minister of Higher Education and Training Dr Blade Nzimande will launch the Nelson Mandela Career Guidance campaign which aims to provide information on post school options to high school learners in rural areas.
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Boksburg - Deputy Health Minister Gwen Ramokgopa has called on researchers to work in partnership with government to assist in reducing the burden of diseases.
Speaking at the National Health Research Summit held in Boksburg, Ramokgopa stressed the need for research to move from health knowledge, to research based on achieving great health outcomes.
We invite researchers to work with us to identify the knowledge gaps, areas [in which we need] to do better and see how research can contribute to the achievement of quality health We would also like to work with you to ensure that the type of research will assist us in the four health priority areas.
"Our efforts should help us ensure that the knowledge that is there decreases the burden of diseases," Ramokgopa told researchers.
The two-day summit, which commenced on Tuesday, aims to identify problems within the health care system and how to address them in terms of research.
Ramokgopa also called on researchers and research institutions to engage in collaborative networking and dialogue on how best they can build on their resources.
The private sector accounts for 44 percent of research in health, and universities account for 36 percent. This is a good basis for us to build on Let's use this framework to look at how best we can work on health research.
"Over a five year period [up until 2009], 2 200 applications were processed for clinical trials but the country has a shortage of human capacity and skills in these areas However, we have enough to optimize the outputs. Let's begin turn a new leaf in South Africa and let's move to research where society and economy needs are answered," Ramokgopa said.
She further noted that while the country has a number of publications reviewed internationally, it has not been able to solve the TB problem. She said the success of the National Health Insurance, to be piloted in 2012, would be the reduction of the disease burden through strengthening the primary health system.
While most critics feel that the country will not be able to achieve the MDGs in 2015, Ramokgopa reiterated that it is possible to achieve them, provided the country does things differently.
"It's possible to achieve them. We need to look at what can we do to achieve better [results]."
Commenting on what the country should do between now and 2015, the Health Department's Director-General, Precious Matsoso, highlighted the importance of global partnerships for development to reach the MDGs target.
"We need to reach 2015 quicker. We have interventions and need even better ones or we can adapt those we have to respond better. We also need to continue to invest in infectious diseases, which are the second leading cause of death in the world."
World Health Organisation (WHO) representative, Dr Stella Anyangwe, said the current WHO strategy on health research is to needs that are specific to its member states.
"The WHO regional office for Africa is poised to provide the regional assistance required for the strategy to be implemented by member states. The implementation will have to be done at all levels of WHO with full participation of all stakeholders," Anyangwe said.
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Pretoria - Police will do "everything humanly possible" to track down those responsible for the deaths of two policemen earlier this week, says national Police Commissioner General Bheki Cele.
Mokoena, 45, and Mahlalela, 47, had stopped to assist what they believed were motorists whose vehicle had broken down on the Old Heidelberg Road on Sunday.
As the policemen approached the vehicle, gunmen got out and opened fire on the two without warning. One officer died at the scene while the other died later in hospital.
Cele told Mokoena and Mahlalela's families that police would do all they could to bring the killers to book.
"I know that arresting the killers will be the least we can do to bring comfort to the families, relatives and colleagues," he said.
Tuesday's visit by Cele and his team was to offer support to the families.
"We provide as much comfort to the families as we possibly can. Our visit to them is to say that we care and we share their pain but I know our pain can never be compared to the pain they are going through," he said.
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Pretoria - With a new offer on the table, wage negotiations in the petroleum sector have reached a point where the dispute can be resolved, says the Commission for Conciliation, Mediation and Arbitration (CCMA).
The meeting was an attempt to resolve the dispute which has resulted in petrol stations in Gauteng and KwaZulu-Natal, among others, being without fuel. Workers downed tools on 11 July.
"Parties confirm that a revised offer was tabled, which closes the gap between the unions and the employers and that negotiations have reached a point that may resolve the dispute," said Kahn on Tuesday night.
Unions will today take the offer to members, with parties expected to convene at the CCMA on Thursday. The revised offer will not be made public until the meeting at 10am.
Last week, an offer of between eight and 10 percent was put on the table. Initiall, y employers had offered a wage increase of between four and seven percent.
Workers were demanding a wage increase of between 11 and 13 percent and minimum wages of R6 000 and transport allowances, among others.
Last week, Labour Minister Mildred Oliphant urged parties to reach a speedy resolution, saying the industry was critical to South Africa's economy.
"Prolonging the strike is not in the public interest," said Oliphant at the time.
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Pretoria - The N3 highway between Van Reenens Pass and Villiers in the Free State remains closed due to heavy snowfalls in the area.
Five South African Infantry Battalion (5SAI) from Ladysmith have been deployed to Van Reenens Pass to provide support to vehicles stuck due to heavy snow.
Heavy duty trucks have blocked the road and SANDF members are assisting to clear the route to allow for the free flow of traffic.
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The appointment of Petersen will help the association to drive its vision for a new strategic direction to deliver on competitive national teams for both men and women; strong focus on development at grassroots level.
He will also help the association to enhance the international profile of South African football, ensuring that the commercial programme of the association delivers the resources to achieve these objectives.
The search for a suitable person was a long and intense process. The panel responsible for the search finalised the process and their recommendation was accepted by the Management Committee of Safa on Tuesday.
Safa President Kirsten Nematandani said: We would like to thank all the candidates for offering to serve South African football.
We believe that Dr Petersen has the necessary qualifications, experience and expertise in business and football to assist Safa to deliver on the mandate outlined earlier in this statement.
"We are happy to have made this appointment and now we can focus on our core business of running the game of football in this country."
Nematandani said the reason they took so long to find a new CEO was that they were not finding a suitable candidate.
Petersen was CEO of the Premier Soccer League (PSL) between 2000 and 2001 when he left football to be involved in business.
"I am excited, and humbled by this appointment. I look forward to the challenges, to working with the team at Safa to ensure we take the association to greater levels. I am passionate about the game of football, and I could not stay away from it for too long. I am also passionate about football development and will strive to ensure we work hard on it. To ensure our success, we need to ensure we put the right structures administratively, commercially and strategically," said the new Safa CEO.
Lehoko said: I believe this is the best appointment and will work for the betterment of the game. I have worked with him before during South Africa's 2006 FIFA World Cup bid.
I know he can deliver because he has the passion for the game, and he will get all the support he needs. I would like to thank the association for believing in me and allowing me the opportunity to lead this organisation, I have learnt a lot from this experience.
"I would also like to thank my colleagues for helping me through this period, as well as the media for the support."
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Pretoria - EThekwini Municipality Mayor James Nxumalo has urged councillors, including municipal staff, and business of eThekwini to donate their old clothing and non-perishable food items to assist victims of fires and other disasters in the city.
Speaking during the full council meeting at City Hall on Wednesday, Nxumalo said councillors should be at the forefront of this initiative by being the first ones to donate any second hand goods.
He also called on business people, NGOs and all residents to lend a helping hand.
"We have taken this initiative because of what has happened in the past few weeks in many areas, where we have seen many people having their goods destroyed by fires and that is why we want to assist those people with this initiative," Nxumalo said, adding that any form of donation is welcomed.
The goods can be dropped off at the mayor's office at City Hall during business hours. They will be stored at the Municipal Disaster Management Centre for distribution in cases of disaster.
Nxumalo expressed his gratitude to all business people and NGOs who have made generous donations to assist the affected families thus far.
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Title: Population rises to 50.
According to Stats SA, approximately 52 percent of the population is females.
From 2001 to 2011, the total number of people living with HIV increased from an estimated 4.21 million in 2001 to 5.38 million by 2011. For 2011, an estimated 10.6 percent of the total South African population is HIV positive. An estimated 16.6 percent of the adult population, aged 15 to 49 years, is HIV positive.
"Approximately one-fifth of South African women in their reproductive ages are HIV positive," said Stats SA.
Gauteng province is where most of the population lives at approximately 11.3 million people, followed by KwaZulu-Natal with 10.8 million people residing there. However, the Northern Cape remains the province with the smallest share of the population.
Nearly 31.3 percent of the population is younger than 15 years, while those who are younger than 15, approximately 3.66 million, live in KwaZulu-Natal; 3.07 million of those who are younger than 15 live in Gauteng.
Approximately 7.7 percent of the population is 60 years or older.
"Migration is an important demographic process in shaping the age structure and distribution of the provincial population. For the period 2006-2011, it is estimated that approximately 215 000 people will migrate from the Eastern Cape; Limpopo is estimated to experience a net out-migration of just over 140 000 people. During the same period, Gauteng and Western Cape are estimated to experience a net inflow of migrants of approximately 367 100 and 95 600, respectively," noted the report.
For 2011, life expectancy at birth is estimated at 54.9 years for males and 59.1 years for females while the infant mortality rate is estimated at 37.9.
Africans constitute just more than 79 percent of the total South African population. The white population is estimated at 4.57 million, the coloured population at 4.54 million and the Indian/Asian population at 1.27 million.
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Radebe said Justice Ngcobo had informed President Jacob Zuma of his decision, which he said he had taken in order to "protect" the integrity of the Chief Justice and the esteem of the Judiciary as a whole.
There has been uproar since Zuma announced the extension of Ngcobo's term of office, with some questioning the constitutionality of the decision.
"Chief Justice Ngcobo said he found it undesirable for a chief justice to be party in litigation involving the question of whether or not he should continue to hold office, as this distracts from the integrity of the office of the chief justice and the esteem with which it is held," Radebe said.
He went on to say Zuma fully understood and accepted the position taken by the Chief Justice, with the Cabinet Lekgotla underway in Pretoria having been briefed about the matter.
Radebe said: "The President and Cabinet have expressed profound regret at the loss of an outstanding jurist, who has contributed immensely to the country's jurisprudence. The Chief Justice has made a substantial contribution to the judiciary since his appointment by President Mandela in 1996."
Radebe could not say whether Ngcobo would still be eligible to stand when a new Chief Justice is appointed after his term expires on 14 August.
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Speaking to AA, Bagis said as much as the attacks in Norway had shown the importance of the fight against terrorism, they had also exposed the escalating racism and xenophobia in Europe.
"The seeds of hatred and racism that have triggered these attacks can be destroyed by Turkey's EU membership EU cannot ignore its responsibility by solely condemning the attacks or releasing messages of sorrow. Aside from condemning the concept of terrorism, the union and all member states should deeply and loudly reject the motives behind terrorism as well," the minister noted.
Describing EU as an institution of peace, tolerance and dialogue, Bagis also said the union would miss its chance for peace without Turkey's membership.
At least 76 people died and many others were wounded in last week's double attacks in Norway's capital Oslo and the nearby island of Utoya.
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Members of the media are invited to a special cabinet media briefing by the Minister of Justice and Constitutional Development, Mr Jeff Radebe.
NB: There will be a video link-up to Imbizo Media Centre, Parliament in Cape Town.
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Mbombela - Public Protector Advocate Thuli Madonsela has promised to follow-up on the ever escalating scholar transport costs in Mpumalanga.
Costs have escalated from R8.2 million in 2001 to R354 million for the 2010/2011 financial year.
"I was not aware of the scholar transport saga, but we are now going to follow developments in the scholar transport case," she said during her two-day Dialogue with the Nation roadshow in Mpumalanga.
Madonsela said she would interact with her provincial office on the matter.
Her roadshow aims to build relationships between her office, government officials, civil society and the public.
A commission of enquiry into the scholar transport saga found that corruption in the programme appeared to be widespread. Altogether, 160 schools were investigated and 45 education officials were implicated.
Bus operators were also implicated. The scam affected 260 bus routes and involved 28 000 transactions. Many buses were found not to be roadworthy and some bus drivers were found not to have driver's licences or permits to transport people.
Some bus number plates were falsified and were found to belong to government vehicles or even motorcycles.
In April, Education MEC Reginah Mhaule said her department was in the process of firing the 45 officials implicated in the scam.
On Wednesday, education spokesman Jasper Zwane said the disciplinary hearings had been finalised.
He said the department had also given its report on the public transport scam to the legislature.
Meanwhile, Madonsela said that while her office could not investigate the infamous "January Murders" in Mpumalanga, she said it may investigate the tender processes around the construction of the Mbombela Stadium.
"My office can't investigate the murders, but we can look into the said tender irregularities which are believed to be leading to such deaths."
However, she was unable to commit to investigating the matter.
The killings have also caught the attention of National Police Commissioner Bheki Cele, who announced on 14 January this year that he had appointed a team of 12 highly trained officers from four provinces to get to the bottom of the murders.
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Limpopo - Some inmates at Limpopo's Matatshe Maximum Prison are still locked up despite being given parole.
"During his visit to the prison, the MEC observed slight overcrowding mainly because of undocumented foreign nationals and those whose next of kin are not prepared to receive them if they're released on parole," said department spokesman Molebatsi Masedi on Wednesday.
Masedi said Phadagi would use the provincial Justice, Crime Prevention and Security Cluster, which he chairs, to address the issue of overcrowding in prisons.
When the MEC later interacted with community members, he was told that liquor outlets were mainly responsible for criminal attacks on residents.
"The Limpopo provincial cabinet has since suspended the issuing of liquor trading licences pending the refinement of relevant legislation," said Phadagi in a statement.
Earlier in this week, the MEC and his entourage visited the Beitbridge border post and the refugee shelter in Musina.
At the refugee centre, he found some overcrowding and poor health conditions.
"There are challenges of overcrowding and health conditions which the MEC (said must) be addressed by the relevant authorities as a matter of urgency," Masedi said.
The MEC also took note of local concerns about the high rate of rape, murder, business robbery and house burglary in the area.
"This was corroborated by the police Stakeholders blame foreign nationals, mainly those who are undocumented, for these acts of criminality. The MEC made a that his department and the police will intensify law enforcement and crime prevention," said Masedi.
Phadagi said he was generally happy with the crusade "because it shook communities out of their comfort zones and turned them into activists against crime."
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Mbombela - South African authorities are finalising plans to meet their Mozambican counterparts to discuss ways to curb rhino poaching in the Greater Limpopo Transfrontier Park.
The meeting will be between Water and Environmental Affairs Minister, Edna Molewa and officials from the Mozambican government.
"We think that poachers might be taking advantage of a section of the fence which has been dropped between the two countries," said department spokesman Albi Modise.
Earlier this year, Molewa raised concerns about criminals who were breaching the border to commit crimes, including rhino poaching.
Modise said the two countries would address, among others, ways to jointly strengthen and upgrade security at the border.
We also would want to share with our Mozambican counterparts initiatives that allow collaboration between various security agencies to deal with poaching as a priority crime.
"The rhino poaching situation calls for drastic measures to be applied and the minister is convinced that working together with our national security agencies, we should be able to strengthen all our national entry points like the OR Tambo International Airport and others," he said.
Modise said although Molewa was satisfied with the work being done by partners in the National Wildlife Crime Reaction Unit, she believed more needed to be done.
He said entire the Southern African Development Community needed to work together.
"Poachers have no respect for any political boundaries. Our nation and continent's heritage is under threat from criminals who believe the irresponsible stories being perpetuated that one can get rich from rhino poaching, while the reality is far from this. The only people who make any money are the ruthless leaders of the syndicates," said Modise.
"I think it is a good thing to deal with the issue here in South Africa and on the Mozambican side. I hope it will be helpful because some poachers are South Africans, while others are Mozambican," said Fazenda.
"Mozambican forces have been deployed to the borderline in order to fight criminal activities, including rhino poaching," said Verissimo.
Spokesman for the Kruger National Park, which forms part of the Greater Limpopo Transfrontier Park, William Mabasa, said rhino poaching was already declining in the park.
"As a result of increasing the number of officers from different law enforcement agencies, we have managed to reduce rhino poaching incidents in the park. We are congratulating all the forces that are participating in the fight against rhino poaching," said Mabasa.
Last year, 333 rhino were killed at South African National Parks reserves, nearly three times more than in 2009, when 122 rhino were killed. In 2007, only 13 were poached.
This year, more than 159 rhino have been killed in the Kruger alone. Altogether, 124 suspected rhino poachers have been arrested nationwide, 62 of whom were arrested in the Kruger.
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Mthatha - Eastern Cape Social Development MEC Pemmy Majodina decided to personally inspect an old age home following allegations of fraud and abuse of the residents levelled at its staff and management.
Majodina visited Empilweni Old Age Home in Mthatha, vowing to "get to the bottom of the allegations" and take action against those responsible.
"We must recognise that older people are our heritage, our pride and the custodians of our moral values and traditions. They should be treated with respect," said Majodina.
During her visit, she spoke to residents and inspected their rooms to ensure they are being taken care of. While there, however, none of the residents complained to her about ill-treatment.
Social Development spokesperson Gcobani Maswana said this was probably because the residents didn't want to be victimised for talking to the MEC.
"We all know that old people don't like to cause conflict, so they might not have been entirely honest because they didn't want the workers to get into trouble," he said.
He said the team would also investigate reports that staff at the home had hurriedly changed the residents' bedding before the visit.
On June 16, the residents were left to fend for themselves when workers went on strike over salaries, demanding a 15 percent increase.
At the time of the strike, National Education, Health and Allied Workers' Union regional secretary, Zolisa Ngcekeni, said the reason workers weren't being paid was because the home's management was not managing the money it received from Social Development properly.
Empilweni board chairperson Ivan Siyila denied funds were being mismanaged, saying the money from Social Development only covered food for the residents.
Siyila said he appreciated the MEC's visit as it would "help get to the truth behind the finger-pointing."
"We have nothing to hide here. The investigations can continue," he said.
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East London - Springbok women's rugby team winger Ziyanda Tywaleni will run out onto the field at the Nations Cup dressed in brand new kit.
This is thanks to the generosity of East Londoners who have thrown their weight behind the 24-year-old from Tsholomnqa. She was handed a two-piece tracksuit, running shoes, rugby boots and a sports bag by Buffalo City Metro mayor, Zukiswa Ncitha.
"I'm very grateful for the support I have received from the people of East London. I can now run onto the field with the same kit my teammates have," said Tywaleni.
A local newspaper donated spending money for the trip, as well as rugby boots and a tracksuit.
The sponsorships all came about as a result of a tireless campaign by the Tsholomnqa Sports Council to raise funds for its local heroine before her departure to Canada.
"I hope this encourages our girl to give her all at the tournament. Ziyanda is not just a rugby player to us, but a jewel and an ambassador for our community," said Peter.
Ncitha said sportswomen like Tywaleni deserved to be recognised and rewarded for the contribution they make to their local communities.
"These players play a very important role in showing other youth out there, especially girls, that anything is possible in life if you work hard," said Ncitha.
Tywaleni said in Canada, she will be using all the knowledge she gained while playing at this year's World Cup tournament in England earlier this year.
"We had some disappointing results in England but all that experience I gained will help us to finish in a more respectable position," added Tywaleni.
Another local and captain of the Springbok women's' team, Mandisa Williams, was upbeat about the team's prospects at the tournament.
"We want to win at least two games. With the squad we have, I'm sure we can do it," said Williams.
The tournament kicks off on August 2 and will see the team pitting their strengths against England, the USA and hosts Canada.
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Pretoria - The stretch of N3 between Van Reenens Pass and Villiers has been re-opened with lane restrictions after it was closed for two days following heavy snow falls in the area.
The closure of the road left motorists and truck drivers stranded for two days. Traffic is flowing at a slow pace because of the lane restrictions.
Those who were affected had to be rescued by members of the South African National Defence Force, offering them shelter and food.
It is expected that by midday or later this afternoon, the snow would have completely melted in the affected areas.
According to the South African Weather Service, cold weather is expected to continue in the area until tomorrow.
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Pretoria - The Gauteng Department of Health and Social Development has committed to increase the intake of nursing students in the next five years to help build an effective health system.
The department said it is looking at increasing the intake of student nurses by close to 400 percent, with 2 660 new nursing students expected to be recruited to start training in 2012.
The department has also committed to increase the intake by 25 percent per annum, in the next five years.
Provincial Health and Social Development MEC, Ntombi Mekgwe, noted that over the past eight years, the department has annually been increasing the number of students admitted for training in its colleges by 20 percent.
She said the number of student nurses admitted for training in Gauteng has increased almost fourfold.
The reopening of two nursing colleges, Bonalesedi and Rahima Moosa, has also resulted in the intake of student nurses growing from 500 in 1998/99 to 1 968 in 2010/11.
Mekgwe has instructed that further attempts should be made to increase the enrolment of nurses, particularly in specialised fields such as midwifery.
"The province needs to produce more midwives to enable us to respond adequately to the challenge of maternal and infant mortality," she said.
Since 2009, the department has also been training pharmacy assistants and clinical associates.
"The first group of these professionals are expected to graduate in 2012 and will be deployed to district hospitals and clinics where they will be able to assess patients, make diagnoses, prescribe appropriate treatment and undertake minor surgical procedures under the supervision of a qualified medical practitioner," Mekgwe explained.
The department will advertise health science bursaries by the end of August 2011. The next nurse intake will be in January 2012.
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Pretoria - The Department of Mineral Resources says it will cooperate with the Hawks in their investigations following their visits to the department's regional office in Kimberley and the head office in Pretoria yesterday.
"The department is fully cooperating with the Hawks and will provide all the assistance required by them to undertake their duties," the department said in a statement, adding that all queries relating to the matter must be directed to the Hawks.
The Hawks and SAPS members conducted search and seizure operations at two premises in Pretoria, and four other premises in Kimberly.
The Hawks raided two business premises of Imperial Crown Trading in Kimberly, as well as a house belonging to a suspect who works for the company.
The operation follows criminal charges lodged by Kumba (Sishen IronOre). The charges relate to allocation of mineral prospecting rights.
It is alleged that certain individuals from the Department of Mineral Resources were involved in the fraudulent issuing of prospecting rights.
"Our operation resulted in the seizure of documents which the Hawks need for further investigations. We are busy investigating charges of forgery, uttering, corruption and fraud. In simple terms, these relate to, among others, falsifying of documents," said Hawks spokesperson Colonel McIntosh Polela.
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Pretoria - Tshwane residents have been urged to get tested for Hepatitis A, which has been on a rise in the past month.
"Individuals are advised to visit their doctor and be tested," Tshwane Metropolitan Municipality spokesperson, Console Tleane, said.
Hepatitis A is an acute, self-limiting (one that ends without treatment) disease of the liver caused by the hepatitis A virus.
Symptoms vary depending on the age of the patient. In children under four years, the infection is most often asymptomatic because mostly they don't show jaundice. In individuals older than 15 years, 40-70 percent of patients present with jaundice.
Common symptoms include appetite loss, fatigue/malaise, diarrhoea, abdominal pain, nausea and vomiting, fever, arthralgia and myalgia, flu-like symptoms (cough, running nose, painful throat), sensitivity to light and headache.
The disease is reported to be highly infectious and direct person-to-person spread is common, especially in poor hygiene settings.
However, the disease is usually acquired by ingestion of faecally contaminated food or water, sexual contact and blood transfusions may also play a role in the spread of the disease, but incidences are rare.
The city's Health and Social Development Department said contracting the disease can be prevented through good personal hygiene, safe drinking water and proper disposal of sanitary waste.
Pre-exposure protection through hepatitis A vaccines also prevents the onset of the disease.
People at the highest risk of contracting the disease include preschool children attending day-care centers and their parents and siblings, day-care centre employees, persons with chronic liver disease, residents and staff of closed communities (institutions).
Others at highest risk are refugees residing in temporary camps following catastrophes, medical and paramedical personnel in hospitals, people living in regions with endemic hepatitis A, food service establishments and food handlers.
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Pretoria - National Treasury has released a policy framework aimed at improving access to insurance and consumer protection for lower income households.
"The proposed microinsurance framework discussed in this document aims to address the specific challenges of improving access to insurance and consumer protection for lower income families in South Africa. It is an important first step towards providing South Africans with better, more affordable insurance," said Treasury on Thursday.
Microinsurance refers to insurance that is accessed by the low income population that is provided by a variety of providers and managed in accordance with generally accepted insurance practices. The dominant insurance product in the lower-income insurance market is funeral cover, which is often provided by unlicensed providers.
Treasury said the promotion of better access for South Africans to affordable insurance products that meet their daily risks, better matching of insurance products to the needs of low-income consumers and strengthening consumer protection are the three matters that require policy address.
The aims of the framework is to extend access to a variety of good value formal insurance products that are appropriate to the needs of low-income households, as well as to lower barriers to entry to encourage broader participation in the market and promote competition amongst providers.
It also aims to facilitate more effective supervision and enforcement, supporting the integrity of the insurance market as a whole.
This microinsurance policy document builds on Treasury's 2008 discussion paper on the "Future of Microinsurance in South Africa."
The Financial Services Board and Treasury will develop the microinsurance legislation for comment by 2012 and for tabling in Parliament by 2013.
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Mbombela - Mpumalanga police and the army have been urged to clamp down on all illegal border crossings, especially around the Mananga border with Swaziland.
Safety, Security and Liaison MEC, Vusi Shongwe, made the call on Wednesday when Mananga residents complained that it was unfair for them to pay for passports when it was easy to pass through illegally further along the fence.
"Patrols must be intensified as the community living near the border said it was useless for them to use the port of entry while the illegal crossings were close-by," said Shongwe's spokesman, Joseph Mabuza, on Thursday.
Mabuza said the community raised the matter during a border security campaign that recently took place in Mananga.
"The residents have called on the MEC to assist them to get free passports and, if not, be allowed to continue using illegal crossings. They complained that passports were too expensive for them as most of them are unemployed," he said.
From 1 April 2011, Home Affairs raised the cost of a passport from R190 to R400.
Mabuza said some residents have relatives in Swaziland. Others also complained about the cost of bringing in goods from neighbouring countries.
Robert Mkhwanazi, a community leader who co-organised the meeting, warned residents about the dangers of using the illegal border entrances.
"People get killed and women are robbed and raped in those areas. I urge residents not to cross illegally and stop harbouring strangers or illegal immigrants in their homes. They must call police if they suspect a stranger (sic)," Mkhwanazi said in a statement.
MEC Shongwe said the same people who wanted to illegally travel between Mpumalanga and Swaziland would later blame government when their livestock was stolen and taken out of the country.
"They will also blame government when their families become victims of human trafficking. Police and soldiers must strengthen security at the border lines as this will also reduce crime," he said.
He also urged the community to apply for passports, use legal ports of entry and refrain from illegal crossings.
"They should not become the victims of crimes such as human trafficking. Stock theft is also rife and it is also dangerous at these illegal crossings. It is a crime to use illegal crossings," he said.
Shongwe said the police and army would continue to guard the borderlines and will arrest those who break the law, including corrupt officials working at the border.
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"This rate is 0.5 of a percentage point higher than the corresponding annual rate of 6.9 percent in May 2011," said Stats SA.
PPI, which is the price of goods leaving factories as well as mines, rose higher than market expectation. It was expected to rise to 7 percent.
The higher annual PPI could be attributable to increases in the annual rate of change in the Producer Price Index for electricity, mining and quarrying, food and manufacturing, agriculture and basic metals.
Nedbank economists said commodity prices have corrected slightly off earlier highs which should contain producer inflation in the coming months.
However, base effects and the return of some pricing power to producers should push prices at the manufacturing level up modestly over the months ahead.
"The [Reserve Bank's] Monetary Policy Committee will face a difficult dilemma over the coming months - how to react to rising inflation in an environment where growth is both weak and fragile," said Nedbank.
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Pretoria - Transport Minister Sibusiso Ndebele has thanked South Africans for their assistance and cooperation following heavy snowfalls across large parts of the country this week.
Several roads were closed and train services cancelled as a result. "The assistance from Emergency Services as well as NGOs, the private sector and ordinary South Africans during the recent heavy snowfalls has been phenomenal," Ndebele said.
"We also have to say a big thank you to travellers for their patience and understanding. This could so easily have been more chaotic if we didn't get the amazing cooperation we received from motorists. On behalf of government, we'd really like to convey our sincere thanks and appreciation to everyone who played their part."
The heavy snowfalls meant that incredibly difficult conditions descended quickly on various routes across the country.
Emergency Services from national, provincial and local government - including the National Disaster Management Centre of the Department of Cooperative Governance & Traditional Affairs, Provincial Disaster Management, Road Traffic Management Corporation (RTMC), South African Police Service (SAPS), Traffic and other Emergency Services, South African National Defence Force (SANDF), South African National Roads Agency Limited (SANRAL) and N3TC - were part of a joint partnership of action with various other agencies.
All went beyond the call of duty and assisted members of the public experiencing difficulty in the snow and rain. Several other organisations and citizens also came to the rescue and provided help, including water, food and blankets.
While the inclement weather has subsided a bit, we are calling upon all motorists to stay alert, slow down and stay in control. Drive with your headlamps on at all times and adjust your driving habits to the prevailing weather conditions.
"Keep a safe distance between you and the vehicle in front of you to avoid situations where you may have to brake suddenly. Those travelling long distances are advised to take additional blankets, food and water in the event of extreme weather conditions," said Ndebele.
Road users may call 083 343 9565 or 071 680 3448 for any information regarding road closures, alternative routes, weather patterns, emergencies and tips on driving in adverse conditions.
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Speaking at the South African Local Government Association (SALGA) Gauteng provincial elective conference in Tshwane on Thursday, Mmemezi said councillors' properties needed to be safeguarded in the event they were attacked or destroyed by the public during violent protests.
Councillors were government's foot soldiers and needed to be "insured" by government, he said.
"We need to find a way to protect our councillors and their properties because they are representatives of government in different communities. We need to be there for them because no one will come to their rescue if we don't," Mmemezi added.
He also stressed the need to continually provide services to people, saying access to opportunities was a critical in order to overcome poverty.
Chairperson of SALGA in Gauteng, Khorommbi Dau, said there was an urgent need for solutions to challenges facing the local government sphere.
"We cannot afford to ignore the many challenges facing councillors and this conference should pronounce on our position as a province, regarding council welfare and security," he said.
The two-day conference will focus on service delivery in the province. Experts from industries that have a direct impact on the local government sphere are also expected to interrogate issues related to service delivery.
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Pretoria - The strike in the petroleum sector has ended, with unions having accepted an 8.5 percent wage increase.
"The strike has been settled with an 8.5 percent increase across the board for workers," Chemical, Energy, Paper, Printing, Wood and Allied Workers (Ceppwawu) national policy coordinator, John Appolis, said on Thursday.
According to Appolis, workers will get a month salary of R4 400 from R4 000. Pregnant women will also get maternity leave. The increment is backdated to 1 July.
Ceppwawu said the agreement was signed at 2pm.
This comes after parties involved in the matter - Ceppwawu; the National Petroleum Employers' Association (NPEA); South African Chemical Workers Union (Sacwu); General Industries Workers' Union of SA (Giwusa) and Solidarity - met under the auspices of the Commission for Conciliation, Mediation and Arbitration (CCMA).
Workers downed tools on 11 July, leading to fuel shortages in provinces such as Gauteng and KwaZulu-Natal.
Last week, an offer of between eight and 10 percent was put on the table. Initially, employers had offered a wage increase of between four and seven percent.
Appolis said other matters such as labour brokers would be discussed at another forum. "Workers are expected back at work tomorrow [Friday] with the latest being on Monday," he explained.
"Today, the unions announced that the workers mandated them to accept the offer and all parties signed the settlement agreement, in full and final settlement of substantive wages and terms and conditions of employment for the period 2011/12," said CCMA director Nerine Kahn.
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The Minister in the Presidency, Collins Chabane will brief members of the media on the decision of the Cabinet meeting held on Tuesday, 26th July 2011 as well as on the outcomes of the mid-year Cabinet Lekgotla held from 26 to 28 July 2011.
NB: For Cape Town journalists, there will be a video link-up to Imbizo Media Centre in Parliament.
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East London - Angry Eastern Cape train commuters, who set a Metrorail coach alight because the train was delayed, will now have to do without a train for a week.
"Metrorail can't afford to bear the cost of ongoing malicious damage to its property, especially through the burning of our trains. Any costs will be transferred to commuters to deter any future occurrences and to instill a sense of respect for our assets," said Mofi.
The coach was set alight when the train stopped at Dawn station, just outside East London, for nearly half an hour. The locomotive pulling the packed commuter train broke down and a replacement had to be sent from East London.
Mabhuti Mdlungu, who uses the train daily to get to work and back, said the train service was often halted because of faulty locomotives.
"People lose patience with these trains and some get angry, but setting your only means of transport alight is not a good idea," said Mdlungu.
Metrorail's Eastern Cape regional manager, Mthura Swartz, refuted Mdlungu's claims, saying that despite the aging infrastructure and rolling stock, 95% of trains in the province arrive on time, outperforming regions like Gauteng.
"The Eastern Cape service performance was not in question during this incident. This was just blatant disregard for our assets and the safety of other commuters onboard," said Swartz.
As a result of the suspension, hundreds of commuters were left stranded on Thursday, having to rely on buses and taxis to get to work. Swartz said the service between Berlin and East London will resume on August 8 after Metrorail has assessed the damage and repaired the line and the coach.
Police spokesperson Captain Mluleki Mbi said a case of malicious damage to property had been reported but that no-one has yet been arrested.
He appealed to anyone with information to contact either Metrorail on (043) 700-2626, or the nearest police station.
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Pretoria - As the country slowly rebounds from the global economic crisis, the Limpopo provincial government is making great strides in terms of job creation.
In the first quarter of the current financial year, the provincial government created over 62 400 permanent jobs.
The achievement is a response to the commitment made earlier this year by provincial government to create over 166 100 jobs in the public sector.
Limpopo Premier Cassel Mathale said: Job creation is one of the priorities that we have set for ourselves as government. We are working full throttle to translate our commitment to make 2011 a year of job creation through meaningful economic transformation and inclusive growth into reality.
"Our government is committed to fight against poverty and unemployment in a quest to improve the livelihoods of the people of our province."
The office of the Premier created 143 jobs; Public Works 581, Agriculture 1 536; Sport, Arts and Culture 15, Education 17 890; Local Government and Housing 939; Treasury 17; Safety, Security and Liaison 2; Roads and Transport 19 978; Health 8 860 and Social Development 2 566 jobs.
The Extended Public Works (EPWP) sector in Limpopo has created over 17 800 temporary jobs during the period over review.
The social sector has created 3 303; infrastructure 9 337; environment 307; while the non-state sector has created 4 927 jobs through the EPWP programme.
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Pretoria - The South African Petroleum Industry Association (Sapia) has thanked the public for its patience during the petroleum sector strike, which ended on Thursday.
"We thank the public for their patience during this trying period. Sapia and its member companies are pleased that the dispute has been ended as the strike did not only affect fuel delivery in Gauteng, but also striking employees who stand to lose financially as a result of the 'no work no pay' principle," said Sapia executive director, Avhapfani Tshifularo.
Unions, including the Chemical, Energy, Paper, Printing, Wood and Allied Workers (Ceppwawu); South African Chemical Workers Union; General Industries Workers' Union of SA and Solidarity signed a revised 8.5% salary increase across the board with employers.
The parties signed the agreement after meeting under the auspices of the Commission for Conciliation, Mediation and Arbitration (CCMA).
The strike action, which began on 11 July, has led to fuel shortages in Gauteng and KwaZulu-Natal.
Trade unions and petroleum companies resumed talks on Tuesday.
"Employees have already started returning to work and are working hard to ensure that the delivery of fuel to hotspot areas is stabilised," Tshifularo said.
He also thanked the National Bargaining Council for the Chemical Industry and the role played by the CCMA in facilitating negotiations between the unions and the National Petroleum Employers' Association.
Ceppwawu national policy coordinator, John Appolis, said workers were expected back at work today, with the latest day being on Monday.
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Pretoria - The Bavarian State Government has made a pledge to assist the Gauteng Provincial Government to integrate young people without school leaving qualifications into working life.
The meeting was held in Germany on Thursday to strengthen cooperation between the two provinces.
During the visit, working groups were established to provide assistance on economic development, education, public safety and security, training, agriculture, and environment protection.
The two provinces also signed an action plan to intensify the cooperation agreement with the Bavarian State Government.
The Gauteng Department of Education explained that Bavaria will support the recapitalisation of provincial technical high schools with focus on establishing linkages between schools and the various economic sectors.
The Germans will also assist the province to build the capacity of departmental and school management teams to implement technical and vocational oriented curricula.
A study tour is planned for officials from Sci-Bono Discovery Centre and Matthew Goniwe School of Leadership and Governance to study the Bavarian teacher training and up-skilling system. They will promote partnership with the Deutsches Museum to strengthen capacity in maths, science and technology education and science centre management.
"As part of the action plan, Gauteng Enterprise Propeller officials will visit Bavaria to learn about Small, Medium and Micro-Enterprises (SMMEs) support and mentoring models with various organisations and institutions. Bavaria would explore the best partner for the Innovation Hub in the field of information and communication technology development," the department said in a statement.
The two governments will exchange experience and knowledge in the field of forensics and ICT in fighting crime, with particular focus on the effective development and management of forensic laboratories and advice on crime-scene management for effective processing of samples and prosecution of suspects.
On agriculture, Bavaria will exchange knowledge on farmer training and capacity development for agriculture and food processing.
"The agreement includes identification of training needs for small farmers as well as development of training and exchange programmes. The two governments will also exchange know-how in the field of waste management, including recycling initiatives, strategies for waste minimisation support and converting waste to energy."
The two provinces have a partnership covering more than 15 years. They signed a renewed cooperation agreement in 2010.
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The maximum retail price for LPGAS will increase by 38 cents per kilogram.
"During the period under review, the average international product prices of petrol, diesel and illuminating paraffin increased," said the Energy department.
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Pretoria - The National Department of Health has joined Tshwane district and Gauteng province to arrest the outbreak of hepatitis A.
The department urged all residents to employ good personal hygiene like washing hands with soap and water after using the toilet and before eating, as the highly-infectious disease is reported to be more prevalent in areas where hygienic and sanitary conditions are poor.
Hepatitis A is an acute, self-limiting (one that ends without treatment) disease of the liver caused by a virus. Symptoms vary from person to person depending on their age and include fever, vomiting, tiredness, loss of appetite, general body aches, yellow skin and eyes.
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Cabinet approved that South Africa ratifies the Belarus Amendment to Annexure B of the Kyoto Protocol. The amendment to Annexure B merely requires the insertion of the word "Belarus". The advantage of the acceptance will mean that the Republic of Belarus will comply with the provisions of the Kyoto Protocol and will assume a quantified emission reduction commitment which is expected to result in the reduction in greenhouse gas emissions, if the amendment comes into force.
The Bill proposes amendments to certain provisions under the National Environmental Management Act, 1998 (NEMA), the National Environment Management: Biodiversity Act, 2004 (NEMBA) and the National Environmental Management: Air Quality Act, 2004 (NEMAQA). Most of the amendments were identified through the implementation of the legislation and some originated from the process of theDepartment of Cooperative Governance aimed at identifying legislation that hampers service delivery.
This Bill provides for the registration of credit ratings agencies; for control of certain activities of credit rating agencies; conditions for the issuance of credit ratings and rules on the organisation and conduct of credit rating agencies, and related matters.
4.1 Mr David Mona appointed as Chief Inspector of Mines at the Department of Mineral Resources.
4.2 Mr Joel Maleatlana Raphela appointed Deputy Director-General: Mineral Regulation at the Department of Mineral Resources.
4.4 Ms Raisibe Lepule appointed Deputy Director-General: Transport in the Department of Public Enterprises.
4.5 Mr Sipho Madhlopa as Non-Executive Director to the Board of the South African National Accreditation System (SANAS) for a period of three years.
4.7 Mr Marius Le Roux, Mr Nhlanhla Paul Sibisi and MsShanaaz Tiry were appointed as members to the Patent Examination Board.
4.8 The following were appointed as members to the Arts, Culture and National Distributing Agency of the National Lotteries Board: Professor Mpilenhle Sithole, Mr Luxolo Fihlani; Mr Willie Retsang, Ms Thoko Mkhwanazi, Mr Satiaseelan Naidoo, Mr Bongani Tembe, Ms Precious Bukhosini, Professor Dorcas Jafta and Dr Snowy Khoza.
4.10 Members appointed to the Financial Reporting Standards Council: Mr Suresh Kana, Mr Garth Coppin, Mr Dumisani Manana, Ms Kim Bromfield, Ms Christine Ramon, Ms Dawn Earp, Mr Khanya Dludla, Mr Bruce Mackenzie, Mr Jeff van Rooyen, Mr Johan Brink, Mr Dawook Seedat, Ms Linda de Beer and Ms Naidene Ford-Hoon.
4.12 Non-Executive members of the South African Maritime Safety Authority (SAMSA): Ms Nadeema Syms (re-appointment of Deputy Chairperson), Mr Ronnie Mkhwanazi (re-appointment) and Ms Lily Zondo.
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Cabinet noted progress on Outcome 11: "To create a better and safer South Africa and contribute to a better and safer Africa and the world". The relevant Ministers will provide more details through media briefings.
A report on the recent climate change negotiations held in Bonn, Germany from 6 to 17 June 2011 was presented to Cabinet for noting. Cabinet noted the work programme of informal consultations of the incoming 17th conference of the parties (COP17) and the seventh session of the COP serving as the meeting of parties (CMP7). A presentation on the logistical arrangements for the COP17 and CMP 7 was deferred to a joint meeting of all Cabinet Committees to be held in August 2011.
Cabinet noted the progress made on the finalisation of the draft agreement on Phase II of the Lesotho Highlands Water Project (LHWP). The governments of South Africa and Lesotho are ready to implement Phase II of the LHWP. The LHWP is a joint project between the two countries in accordance with the provisions of a treaty signed in 1986. The purpose is to enhance the use of water of the Senqu/Orange River by storing, regulating, diverting and controlling the flow of the shared river in order to affect the delivery of specified quantities of water to South Africa.
TheBill seeks to provide for the development and promotion of sustainable tourism for the social, economic and environmental benefit of South Africa and for the enjoyment of all its citizens and foreign visitors. It further provides for the continued existence of the South African Tourism Board; to repeal the Tourism Act 72 of 1993; provide for transitional measures and to provide for incidental matters.
The primary objectives of the Bill are to strengthen the legislative framework for a sound and well-regulated financial markets industry, to provide financial market stability to industry participants and to protect consumers of securities services.
4.3 Ms Funani Josephine Matlatsi appointed to the position of Chief Financial Officer (CFO) in the Department of Human Settlements.
4.6 The following were appointed members to the Specialist Committee on Company Law: Ms Lesego Sennelo, Ms Miranda Feinstein, Professor Michael Katz, Mr Ignatius Sehoole, Professor Farouk Cassim, Professor Tshepo Mongalo, Mr Ewald Muller, Mr Thabani Jali, Ms Astrid Ludin and Mr Rory Voller.
4.9 The following were appointed members to the Charities Distributing Agency of the National Lotteries Board: Mr Nkululeko Nxesi, Ms Matshitshi Ndlovu, Mr Edwin Makue, Mr Gordon McDonald, Ms Iveda Smith, Ms Shireen Krull, Mr Alan Beesley and Ms Nomathemba Kela.
List of computerised sources pg.
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"These are lessons all South Africans can learn from and emulate. It is in recognising our diversity that our strength as a country lies," said Zuma.
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KwaNongoma - More people in the rural parts of KwaZulu-Natal will have access to electricity, as the Enyokeni substation has been officially launched by President Jacob Zuma.
The Enyokeni substation will have the capacity to support about 15 000 new connections. This is part of the Department of Energy and Eskom's plans to focus on rural development, which deals with electrification backlogs in provinces such as KwaZulu-Natal.
Over 9 200 new connections were completed in KwaNongoma over last three financial years. Most of the substations and connecting lines in the area are now complete or nearly complete.
Eskom urged the people of KwaNongoma to look after their assets and electricity, and guard against vandalism.
As part of the electrification project, the President visited three houses in the area to see for himself the change that electricity has made in the lives of people in the area.
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Pretoria - Economic empowerment for South African women will be the focal point of this year's annual Women's Month celebrations.
Minister for Women, Children and People with Disabilities, Lulu Xingwana, unveiled the 2011 Women's Month programme on Sunday in Pretoria.
We will use Women's Month to highlight the economic empowerment of women as a critical element of success for South Africa's efforts to achieve the targets on economic growth, including the creation of five million jobs within the next 10 years, as outlined in the New Growth Plan.
"We agreed that women economic empowerment should be the main focus of this Women's Month celebrations for this year," she said.
The programme emphasises the role of women as equal partners in the economic, social and cultural development of society, as well as ending economic marginalisation of women.
The highlight of the month is the observation of the annual National Women's Day on 9 August and this year, it will be celebrated under the theme, 'Working together to enhance women's opportunities to economic empowerment.'
On 9 August 1956, 20 000 women staged a march on the Union Buildings in Pretoria to protest against the proposed amendments to the Urban Areas Act, commonly known as the pass laws of 1950.
This year's Women's Month will start with the three-day National Women's Conference of more than 800 women from across the country in Boksburg this evening.
The conference creates a platform for engagement on key issues affecting the status of women in the country.
Xingwana said the objective of the gathering is to discuss and resolve key policy considerations to be included in the Gender Equality Bill, which is being developed to increase women participation in all sectors of society.
She said Deputy President Kgalema Motlanthe is expected to respond to key issues raised by women when he delivers the closing address on August 3.
The minister also announced that this year's National Women's Day will be celebrated at Peter Mokaba Stadium in Limpopo, adding that President Jacob Zuma will be the main speaker.
She further said on 11 - 12 August, there will be a Women Economic Empowerment Conference at the ICC in Durban.
According to Xingwana, the conference will review progress and identify measures needed to advance women empowerment as a prerequisite for global economic competiveness.
Human Settlements Deputy Minister, Zoliswa Kota-Fredericks, said on 18 August, they will hand over 55 houses of the 1 956 houses built in commemoration of 1956 Women's march in Branford, Free State.
Branford is the area where the veteran of the women's movement, Winnie Madikizela-Mandela, was put under house arrest by the apartheid regime.
The Department of Public Works will also run a programme encouraging indigenous building methods in Limpopo, which were traditionally led by women.
Trade and Industry, Correctional Services and the Department of Social Development, to mention but a few, also have a line-up of activities to celebrate Women's Month.
This year, the country lost Albertina Sisulu and Bertha Gxowa last year. They were part of the group of women who left bundles of petitions containing more than 100 000 signatures at Prime Minister J.G. Strijdom's office doors at the Union Buildings.
MaSisulu and Gxowa, together with other women, stood silently for 30 minutes outside Strijdom's office. The women sang a protest song that was composed in honour of the occasion, Wathint' Abafazi Wathint' imbokodo! (You strike a woman, you strike a rock).
Xingwana said: "We owe it to Mama Gxowa and Mama Sisulu and many other fallen heroines of the struggle for gender equality and freedom to make this Women's Month programme a success."
In 2006, a reenactment of the march was staged for its 50th anniversary, with many of the 1956 march veterans.
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Table 3: Government tariffs [calculated as per Transport Circular, par. 9.1.
Diesel R3,87 R4,14 R4,21 R4,85 R5,72 R7,28 cc = cubic centimetres, engine swept volume.
Note /# E & O.E. The information contained in these sheets has been extracted from other documents and summarised for ease of reference only. The terms of a consultant's original appointment take precedence.
For the full extent of the terms and conditions of the rates below, refer to: SECTION X2 'TIME BASIS FEES' OF THE LETTER OF INVITATION TO CONSULTANTS (Tables 6 and 7 are replaced with Table 8 as from 2004-01-01) or SECTION C2.
2003-01-01 to 2003-12-31 Par.
Par. (c) 15c R372,18 (max.
From Category Rates Hourly Tariff (max.
1997-03-20 Cat. A 19,5c R332,28 (max.
Cat. B 17,5c R298,20 (max.
Cat. C 15c R255,60 (max.
1998-10-23 Cat. A1 19,5c R600,00 (max.
Cat. A2 19,5c R490,00 (max.
Cat. B 17,5c R350,00 (max.
Cat. C 15c R281,00 (max.
2002-03-01 to 2003-12-31 Cat. A1 19,5c R695,00 (max.
Cat. A2 19,5c R570,00 (max.
Cat. B 17,5c R405,00 (max.
Cat. C 15c R325,00 (max.
Table 8: Applicable to the architectural, engineering, quantity surveying and town planning professions.
2004-01-01 Par.
Par. (iii) 16,5c R402,00 (max.
2005-01-01 Par.
Par. (iii) 16,5c R422,00 (max.
2006-01-01 Par.
Par. (iii) 16,5c R448,00 (max.
Par. (iii) 16,5c R478,00 (max.
2008-01-01 Par.
Par. (iii) 16,5c R 514,00 (max.
2009-01-01 Par.
Par. (iii) 16,5c R 568,00 (max.
2010-01-01 Par.
Par. (iii) 16,5c R 624,00 (max.
2011-01-01 Par.
The above is also obtainable on the Department's Website: http://www.publicworks.gov.za/ under "Consultants Guidelines", item 1.
Section C2.
(includes professional architects, professional quantity surveyors, professional engineers, professional technologists [engineering], and technical planner).
Unless otherwise specifically agreed in writing, remuneration for the time expended by principals in terms of (i) above on a project shall be limited to 5 per cent of the total time expended for time basis fees on the project. Any time expended by principals in excess of the 5 per cent limit shall be remunerated at the rates determined in (ii) or (iii) above.
The salaries referred to in (i) to (iii) above can change from time to time, which will, therefore, change the rates applicable. These rates will, however, only be adjusted on the first day of each calendar year irrespective of any changes in salary ranges during the relevant year. You may claim the rate as set out in Table 8 of the "Rates for Reimbursable Expenses", as amended from time to time.
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"But we brought some young players over here and they would have grown immensely and would have seen what can be done with ball in hand."
The Springboks returned to South Africa on Sunday night. They will then face Australia in Durban on August 13 and New Zealand in Port Elizabeth on 20 August.
The All Blacks, meanwhile, host the Wallabies in Auckland next Saturday.
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Durban - Inmates from correctional centres throughout KwaZulu-Natal displayed their artistic talents in different types of art genres at the province's first Inmates Arts Festival.
The KwaZulu-Natal Department of Arts and Culture teamed up with the Department of Correctional Services and Nicro, to organize the Inmates Provincial Arts festival, which took place at the Westville Correctional Services recently.
Inmates got to show their talent in maskandi, kwaito, hip hop, gospel and isicathamiya, among other art forms. They also got an opportunity to display their artwork.
Arts and Culture Department spokesperson, Vukani Mbhele, explained that the festival is a result of a rigorous selection procedure that has been taking part at regional level over the past few months.
"The aim of the programme is to afford inmates an opportunity to use the arts as a form of escapism from anti-social behaviour. It is also aimed at rehabilitating inmates in order to become responsible citizens when they finish serving their sentences and be able to use the arts to make a living," he said.
KZN MEC for Arts and Culture, Wesizwe Thusi, said she has learnt through experience that there is a lot of talent at the correctional centres.
It is a sad but true fact that hundreds of people enter the prisons system for various crimes in our country annually Very few people ever consider what will happen when these people leave prisons to rejoin their families and communities.
"It is a known fact that our prisons are mostly populated by repeat offenders, who found no support on the outside and resorted to the only life they knew, the life of crime," said Thusi.
This initiative is one way that government is trying to assist inmates to become empowered and to also ensure that when they leave correctional centres, they stay away from crime.
Families of the offenders were allowed to attend the festival along with community members.
"Government has reached out to communities to educate them about rehabilitation and the importance of ex-offenders being welcomed back into their communities," said Thusi.
The department has a series of programmes that targets young people to prevent them from falling into the crime trap.
Essay writing, school cultural competitions, intercultural and intergenerational dialogues, and beautification of public spaces are some of the projects the department runs to help the youth engage their creative spirits.
The MEC said she was in awe of the talent she witnessed at the festival.
We believe that offenders leaving correctional centres with new skills and possible means of earning a living will make a difference in the fight against crime, which is one of our government's priorities.
"We want the offenders to use the skills they have learnt here to become role models for the youth in their communities. We need to put behind us the era of worshipping crime for the sake of it, we need to begin to worship the work that comes out of correctional centres," she added.
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Group D: Ghana, Zambia, Sudan, Lesotho or Burundi.
Group F: Nigeria, Malawi, Seychelles or Kenya, Djibouti or Namibia.
Group H: Algeria, Mali, Benin, Eritrea or Rwanda.
Group J: Senegal, Uganda, Angola, Mauritius or Liberia.
Fifty-two out of the 53 national associations affiliated to the Confederation of African Football (CAF) will take part in the qualifiers to determine Africa's five slots in the 2014 FIFA World Cup.
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The section to be opened will extend from Rosebank Station in Johannesburg to Hatfield Station in Tshwane. The Gautrain's bus services will also be fully functional along this route.
In a statement released by his department on Monday, Ndebele said the "ultra-modern, state-of-the-art" Gautrain rapid rail network marked a new era in public transportation, matching world standards for rapid rail transport.
"The main challenge facing our country is to modernise our railway system in a manner that promotes growth and development. We need new rail technologies to meet the demands of the 21st century. Our ability to efficiently move freight and people is vital to a modern, thriving economy," said Ndebele.
"Government is making steady progress towards ensuring that rail is the backbone of South Africa's public transport system, as key elements of its rail investment strategy are already being implemented."
The national Department of Transport contributed R12.985 billion towards the Gautrain. Government was further spending R30.2 billion over the next three years for rail upgrades across the country, with R19.5 billion earmarked for capital spending to upgrade existing infrastructure, signalling systems and rolling stock.
The Passenger Rail Agency of South Africa (Prasa) is also embarking on a programme to invest in new rail rolling stock worth R97 billion over a period of 18 years for Metrorail and long-distance rail services, which in turn will significantly increase the country's passenger rail transport network, offering new routes and destinations throughout South Africa.
"Government's public transport plans are not a promise for the next millennium. Transport infrastructure over the next two years is guaranteed to radically change the way South Africans travel due to a multibillion rand boost by government," added Ndebele.
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Pretoria - The North West will stage a two-day workshop aimed at transforming Community Development Workers (CDWs) into housing ambassadors of their respective communities.
The provincial department will end the session with an outreach campaign to educate Moretele housing beneficiaries on their rights and responsibilities in housing, including aftercare and various other housing related matters.
A community consumer education outreach session will be held on Saturday, 6 August in Makapanstad.
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Minister Angie Motshekga: Mandela's birthday class="MsoNormal" style="margin-bottom: 0.
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The Government Communication and Information System's (http://www.gov.za) one-stop entry to government onspanne.
The Horizontal Learning Programme for Local Government. This programme is a partnership (or a joint action) of the South African Local Government Association, the Department of Provincial and Local Government, the Local Government Transformation Programme and USAID through a series of activities that support learning research and the sharing of learning across the municipal sector.
Website of the Institute for Democracy in South Africa's Local Government Information Centre contains information about its activities and work. Logic's education and training unit seeks to empower local government councils, councillors and their communities for effective and accountable local governance and service despanvery.
Institute of Municipal Finance Officers (http://www.imfo.co.
IMFO aims to protect and promote the interests of the profession of municipal accountant, and the finances of local government in general.
The Knowledge Sharing Programme is a joint initiative of the South African Local Government Association (SALGA) and the Department of Provincial and Local Government (DPLG).
Local Government Water And Related Services Seta (http://www.LGWSeta.co.
Municipal Demarcation Board (http://www.demarcation.org.
The NBI's website contains information about its Local Economic Development and Effective Governance units. The Effective Governance unit specifically supports local government.
Information about the legislature of Northern Province.
The PMG aims to make available minutes of the proceedings of South African Parliamentary Committees.
This excellent website contains a wealth of information on government: documents, structures, spannks, etc. Its government index is extensive.
Organization mandated by the new South African Constitution to assist in the wholesale transformation of local government in South Africa from the pre-1994 regime to the new dispensation under the country's first democratically elected government.
Samwu represents 122 000 members in the pubspanc sector. It is concerned with issues relating to the democratic transformation of local government, community participation and governance.
The Municipal Infrastructure Investment Unit (http://www.miiu.org.
The MIIU helps municipaspanties find innovative solutions to critical problems with the financing and management of essential municipal services, such as water supply, sanitation, waste, energy, transport, etc.
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Let wel: Na die geboorte van jou kind sal die hospitaal jou 'n kaart gee wanneer jy ontslaan word. Die kaart het 'n "Road to Health Chart" wat aantoon wanneer die kind sy volgende immunisering moet kry.
That was whether the defence force would show loyalty and commitment to democratic change, and whether we would be able to unite former adversarial forces into a unified defence force that would be capable and disciplined - and enjoy the respect of our people. Furthermore, we had to achieve that integration and the creation of a new defence force within the context of major and necessary Defence cuts.
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Minister Mharaj will meet, inter alia, with his counterpart Mrs A Jorritsma-Lebbink, Minister of the Ministry of Transport, Public Works and Water Management, during his three day visit. He will also meet with other senior officials of the Dutch Ministry of Transport and Foreign Affairs as well as prominent representatives of Dutch Business.
Mr K Gordhan, Director-General of the Department of Transport who will accompany the Minister, will remain in the Netherlands for another day to follow-up on discussions.
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The prequalification of experienced Consultants is subject to the regulations contained in the Guidelines for Assignment of Consultants in Financial Co-operation Projects (see www.kfw-entwicklungsbank.de).
E-Mail: lkugel@telkomsa.net or les.kugel@gmail.
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Pretoria - The declaration of South Sudan as an independent state was a historic moment for the entire African continent, says Justice Minister Jeff Radebe.
He singled out President Al Bashir and President Salva Kiir Mayardit, congratulating them for their exceptional leadership since the signing of the CPA.
South Africa was also aware of the numerous challenges the new state already faces, he added.
South Sudan is one of the most underdeveloped and poverty-stricken nations in the world.
"South Africa will continue to assist with the means at our disposal in building on the Technical Capacity Building programmes of the past five years. The sister peoples of both South Sudan and the Republic of Sudan can continue to count on our support to help build and consolidate lasting peace and stability in that part of our continent," he said.
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The Office of the Executive Deputy President categorically states that Mr Mbeki did not visit President Mobutu at the request of the French President. This was an independent initiative on the part of the Deputy President following telephonic discussions between President Mandela and President Mobutu.
the meeting with President Mobutu constitutes part of the South African Government's contribution towards the resolution of the conflict in Eastern Zaire and to create the necessary conditions for the supply of aid to refugees.
It is therefore incorrect to suggest that this initiative was taken at the "personal request" of the French President.
Issued by: Office of the Executive Deputy President T.M.
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The Minister of Arts, Culture, Science and Technology, Mr Lionel Mtshali, today announced details on a Film Development Strategy for South Africa.
Speaking at a media conference during the Southern African Film and Television Market which is being held in Cape Town, Minister Mtshali announced that a South African Film and Video Foundation (SAFVF) will soon be established with a view of developing the Country's indigenous film industry.
A Bill which will give effect to the establishment of the Foundation had already been approved by Cabinet and will be tabled in Parliament during its next session.
In the interim, however, the Department of Arts, Culture, Science and Technology (DACST) will set-up a panel that will advise them on the disbursement of the R10 million interim film fund.
The Department of Trade and Industry (DTI) will nominate one official, as will the DACST.
Outlining Government's vision for the South African film industry, the Minister said that a well developed industry will enable South African audiences to see their own interpretations of their experience and stories reflected on local screens. A long-term aim will be to facilitate placing the South African film industry on a sound commercial footing in order to enable it to become internationally competitive. This in turn will promote South African film productions and television and advertising commercials.
Members of the Board will be selected on the basis of a publicly transparent process. A total of ten members, all South African citizens and representative of a broad cross-section of the population, will be appointed by the Minister of Arts, Culture, Science and Technology after due consultation with the Council of Culture Ministers (a body consisting of the National and Provincial Ministers responsible for Arts and Culture), film business practice and finance, film education, film law, marketing and entertainment.
The Board will meet four times a year. The composition of the Board will be reviewed every three years.
The SAFVF will be operated by a full-time, executive staff, in terms of guidelines laid down by the Board. The SAFVF staff will be required to maintain neutrality regarding the commercial interests of any individual or any company.
On the matter of funding, Minister Mtshali said that the SAFVF, as part of its annual transfer payments from the DACST, will receive contributions towards two new sources of funding: the Film and Video Initiative (FVI) and the Film Development Fund.
Operating under control of the Board of Directors of the SAFVF, the FVI will provide seed funding for film and video projects in accordance with publicly transparent criteria. Discretionary low cost loans and outright grants, subject to certain conditions, will be among the various financial instruments considered for film producers, new directors and scriptwriters. It is anticipated that the film industry will contribute towards the FVI, as Government will also do.
A Film Development Fund will be established, specifically as a training fund. Its main objective will be to effect redress across communities.
short and specialised film and video productions.
The Minister added that the Department of Arts, Culture, Science and Technology and the SAFVF will investigate other financial incentives from which private enterprise companies and individuals, investing in film and video projects, can benefit, as well as to attract or encourage foreign productions in South Africa.
In conclusion Mr Mtshali pointed out that the Film Development Strategy sketches out the broad framework for the revitalistion of the Country's film industry. Considerable creative energy is waiting to be deployed. It is the intention of this policy document to enable this to occur.
to facilitate film training schemes.
Following extensive research by various organisations, as well as the recommendations by the Arts and Culture Task group (ACTAG), it was decided to establish a new statutory body, the South African Film and Video Foundation (SAFVF).
have no censorship function, and will work within the framework of existing relevant legislation.
provide funds both for production purposes, as well as for training and development.
The Board of the SAFVF will comprise of members drawn through public nomination from the industry, broadcasters and independent persons. For the period of their tenure, members would be expected to divest themselves of company interests, or alternatively to rescue themselves, as appropriate.
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If you cannot afford to pay for a lawyer, you can get legal aid (financial help for lawyers fees).
Confused about the courts in South Africa This document explains South Africa's court structure, and has contact details for the courts as well as links to their decisions online. &nbsp;&gt;&nbsp?
A list of Western Cape and National legislation on Cape Gateway, ordered by year. A full list of National legislation is available at www.gov.za.
What is the Road Accident Fund Who can claim from the fund What can you get money for What is negligence How much money can you claim for How long does it take for a claim to be processed How do you claim from the &nbsp;&gt;&nbsp?
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Attached are the training manuals for caregivers to older persons.
The Older Persons Act aims to maintain and protect the status, wellbeing, safety and rights of older persons. It also aims to promote their integration in the community by creating an enabling environment and promoting participation in activities with people of other ages and cultures.
For more information: South African Social Security Agency (SASSA) Who Can Apply for the Old Age Grant The Means Test, Old Age Grant 201, Applying for the Grant, Enquiries &nbsp;&gt;&nbsp?
Elderly people often require specialised health services. These may have to be accompanied by other specialised services, such as housing or transport services.
Retirement Age: What Are Your Rights (Public Information?
Eventually, everyone needs to stop working. Some people prefer to retire at an early age while others choose to work for as long as possible. Whatever your preference, you need to know what your rights and options are.
Information and guidelines for the elderly and health workers on how to prevent falls of older persons which can and often do result in disability and even death.
These guidelines promote physical activity for ageing people as a way of preventing chronic illnesses. Examples of physical exercises for elderly people are included in an attempt to educate people about a healthy lifestyle.
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URL: http://www.info.gov.za/speeches/2001/011206946a1003.
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: Local Government Water And Related Services Seta (http://www.LGWSeta.co.
: National Secretariat for Safety and Security (http://www.info.gov.
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This calendar marks various national and international health days and includes contact details for organisations working around particular health issues.
The S.
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City of Matlosana Local Municipality www.matlosana.
City of Tlokwe Local Municipality www.potch.co.
Dihlabeng Local Municipality www.dihlabeng.org.za www.drjsmorokamun.gov.
Eden District Municipality www.edendm.co.
Elundini Local Municipality www.elundini.org.
Emfuleni Local Municipality www.emfuleni.gov.za www.durban.gov.
Ingquza Hill Local Municipality www.makhuduthamaga.gov.za www.map.fs.gov.
Masilonyana Local Municipality www.merafong.gov.za www.midvaal.gov.
A total of 20 writers were selected to take part in the programme. The programme commenced with workshops at Wits Theatre and Arts Cape in Cape Town. The workshops are led by seasoned South African and UK playwrights who share their knowledge and skills with the budding playwrights. The participants are expected to write plays that will be professionally produced with a view to touring the productions both in South Africa and in the UK.
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Blouberg Local Municipality www.blouberg.gov.
Blue Crane Route Local Municipality www.bluecraneroute.co.
15.  Breede River Winelands Local Municipality www.breeland.gov.za www.breedevallei.gov.
19.  Camdeboo Local Municipality www.camdeboo.gov.
Capricorn District Municipality www.cdm.gov.
Cederberg Local Municipality www.cederbergmunicipality.co.
Chris Hani District Municipality www.chrishanidm.gov.za www.capetown.gov.
Kopanong Local Municipal www.kwadukuza.gov.
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>Eastern Cape Premier Noxolo Kiviet urged the youth to remember the role played by the young men and women of 1976, the youth which fought for the human right that everyone enjoys in South Africa today, setting precedent for generations to come.>Thousands of young people from Dutywa and surrounding areas braved the cold weather to celebrate Youth Day at Dutywa sport ground.
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Ladies and gentlemen>Thobela!
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<fn>GOV-ZA.113248En.2012-02-10.en.txt</fn>
Heritage Western Cape is also responsible for the conservation of heritage resources. Our heritage resources are unique and should be celebrated, treasured and maintained. It they are damaged or destroyed, they cannot be recreated.
Once Provincial Heritage Sites have been identified and declared, it is important to promote and treasure these heritage sites as cultural heritage resources. No part of our history should be erased and it is important to guard against this happening.
To comply with the National Heritage Resources Act, anyone who wishes to modify historical structures must apply to Heritage Western Cape for permission. A historical structure is defined as a building older than 60 years.
<fn>GOV-ZA.113bulletinEn.2012-02-10.en.txt</fn>
Briefing session will be held on the 06 February 2006 at 10H00 at Ermelo Regional Office.
Ms T.X.
Mr M.
Mr R.
Mr J.S.
Ms G.
adopt the Budget for 2008.
<fn>GOV-ZA.11428En.2012-02-10.en.txt</fn>
The Crop Nutrition Advisory Service provides nutrient and fertilizer recommendations and diagnosis of nutritional problems based on soil, water and plant analysis.
The Plant Pathology laboratory at Elsenburg renders a plant disease diagnostic service to the public of the Western Cape.
According to the law, all agricultural chemicals, including herbicides, need to be tested for efficacy and crop safety before being made available commercially.
The National Plant Protection Organisation of South Africa is responsible for ensuring the health and quality of plants grown in South Africa or imported to South Africa.
The Pedology unit of the Resource Utilisation section provides a soil classification service to both commercial and new farmers that consists of a report and a soil map.
All chemicals, such as herbicides, that are used for agricultural purposes must first be tested for effectiveness and safety before they can be released onto the market place. This product registration process is known as the Registration.
<fn>GOV-ZA.11429En.2012-02-10.en.txt</fn>
The Agricultural Engineering Directorate plans and designs economical viable animal housing and handling facilities for sheep, cattle, beef, dairy herds, chickens and pigs. Detailed costing of these facilities can be provided on request.
R9 million worth of drought relief has been made available to farmers in the Western Cape. The aid is aimed at assisting stock farmers with fodder and at providing drinking water to people and animals in drought-stricken areas.
Various animal health schemes are in operation, e.g. Bovine Tubreculosis and Brucellosis eradication schemes. Testing of rams for genital diseases and fertility is also undertaken. Disease surveillance projects are carried out when evidence is obtained that certain diseases negatively impact the provincial herd.
This service primarily involves veterinary diagnostics in relation to production animals in the agricultural sector.
The Department of Agriculture Veterinary Services component offers a variety of services to farmers including:animal health services , stock identification services, ensuring that proper standards of hygiene are maintained when animals are slaughtered, import and export control.
<fn>GOV-ZA.11430En.2012-02-10.en.txt</fn>
The Agricultural Engineering Directorate undertakes the planning and design of advanced engineering structures, such as gabions, groynes, waterways and culverts for soil conservation structures, including structures to prevent erosion of riverbanks.
The guide has been compiled to assist farmers, extension personnel, researchers and others who are involved in costing farm operations and in machinery decision-making.
The Soil, Water and Plant Tissue laboratory at Elsenburg provides inorganic analysis of Soil, Plant, Fertiliser, Lime, Gypsum, Compost and Water with the aim to determine fertiliser needs and status, identification of deficiency symptoms, problem diagnosis and to improve the management of nutrients.
The irrigation section of the Agricultural Engineering Directorate provides advice and guidance to assist irrigators to use water more efficiently. These include checking of irrigation system design and infield testing of irrigation systems to ascertain performance compliance.
Mechanisation planning services are provided to farmers to ensure the optimal use of agricultural implements.
The aim of our extension service is to promote sustainable agricultural systems within the Western Cape in order to ensure prosperous farming communities and rural livelihoods.
<fn>GOV-ZA.11431En.2012-02-10.en.txt</fn>
Agri-Outlook is a free Internet information service aimed at various role players involved in agriculture in the Western Cape.
The Department has developed an extensive series of fact sheets on topics pertinent to the Agricultural Sector, including information on:animal health, growing fruit, vegetable production, cattle, HIV/Aids.
The Western Cape Department of Agriculture has compiled a large number of Infopaks (information sheets) which provide concise information on a very wide range of agricultural topics.
This service provides information about agriculture in general, as well as specific farming practices. The library also has a wide range of books, magazines and research articles on agricultural topics.
Elsenburg Geographic Information Systems (GIS) produces high quality maps that contain spatial, climatic, soil, agricultural, and infrastructure information. The area of focus is mainly the Western Cape.
The elsenburg website contains an up-to-date listing of agricultural events taking place in the Western Cape.
The Western Cape Department of Agriculture has its own sound studio known as Radio Elsenburg. Here Chris Viljoen prepares two radio programmes for the Afrikaans radio station Radio Sonder Grense (RSG). The station broadcasts nation-wide on 100 - 104 FM.
The Department provides quarterly statistical information on the Agricultural Sector. The data available includes information on production, exports, imports, economic indicators and trends and detailed information for different crops.
The Department has produced an agricultural dictionary in English, Xhosa and Afrikaans.
<fn>GOV-ZA.11433En.2012-02-10.en.txt</fn>
COMBUD enterprise budgets can be used as a guideline to compile budgets for new farming enterprises or to compare budget figures of existing enterprises.
The focus of this section is the value adding of agricultural products on the farm through processes like drying, cooling, canning and packaging to increase profitability and competitiveness.
A co-operative is a business undertaken by a group of people who work together to achieve their aims.
<fn>GOV-ZA.11435En.2012-02-10.en.txt</fn>
The Western Cape Archives and Records Service provides public access to government records and private collections that are 20 or more years old. The archive is used for academic, government and private research.
The National Automated Archival Information Retrieval System (called NAAIRS) is an online tool for searching archival inventories. These catalogues are a list of the available archival records housed in National Archives of South Africa facilities.
Outreach promotes the Western Cape Archives and Records Service's functions to the broader community of the Western Cape.
Preservation encompasses all activities which prolong the usable life of archival records. These activities are designed to minimise the physical and chemical deterioration of records and to prevent the loss of informational content.
<fn>GOV-ZA.11436En.2012-02-10.en.txt</fn>
Collections Management aims to achieve international standards in collections care and management. This is done through standardising the documentation of collections. A collection policy was drafted towards this end and it should be adopted by all affiliated museums during the current financial year.
Museum Services places important emphasis on achieving international standards in collections care and conservation. An Annual Preventative Conservation Plan was drafted towards with this in mind. It will be adopted and its implementation will be evaluated at 12 affiliated museums during the current financial year.
Situated in Ruyterwacht, Museum Scientific Service provides professional guidance and support to affiliated museums, striving for both excellence and transformation of content.
Situated in Cape Town, Museum Support Service provides professional guidance and support to affiliated museums, striving for excellence. Its main objective is to establish, upgrade and maintain museums' infrastructure and in so doing, ensure service excellence at museums in the major centres.
Situated in Ruyterwacht, Museum Technical Service provides professional guidance and technical support to affiliated museums, striving for both excellence and transformation of content.
There are 28 affiliated provincial museums in the Western Cape. Museums are open to the public and present exhibits and collections reflecting the diverse cultural and natural history of the province, including new interpretations of African or indigenous history.
<fn>GOV-ZA.11437En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.11438En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.11439En.2012-02-10.en.txt</fn>
Language Services also provide interpreting services if and when necessary.
It is the task of Language Services to monitor the implementation of the Western Cape Language Policy. This policy ensures the equal promotion of the three official languages of the Western Cape: Afrikaans, English and isiXhosa.
Language Services supports the Western Cape Language Committee (WCLC) in performing its duties. They do administrative tasks on behalf of the Committee and manage projects for them.
Each department of the Provincial Government has to have its own language specialists, according to the Western Cape Language Policy.
<fn>GOV-ZA.11440En.2012-02-10.en.txt</fn>
Legally, owners of privately held collections of fossils, artefacts and meteorites that were collected under previous legislation had until 1 April 2002 to register their collections with the South African Heritage Resources Agency (SAHRA).
<fn>GOV-ZA.11441En.2012-02-10.en.txt</fn>
The Human Resource Development and Training Library provides a special library health service to all government staff as well as to professionals outside of government.
<fn>GOV-ZA.11442En.2012-02-10.en.txt</fn>
The Information Unit handles queries and makes presentations to businesses and other organisations on the work of the Department and on government business incentives.
<fn>GOV-ZA.11443En.2012-02-10.en.txt</fn>
This service describes the functions of the National Empowerment Fund (NEF) and how to access their spectrum of services. It is particularly relevant for the start-up business person; however, there are also very useful services for large corporates.
The DTI's Black Business Supplier Development Programme (BBSDP) is an 80:20 cost-sharing, cash grant incentive scheme for black-owned businesses, with a maximum grant of R100 000. The scheme also provides business development services to help companies improve their skills and become more competitive.
There are a variety of support services available to assist emerging enterprises.
The Community Based Public Works Programme, a section in the provincial Department of Transport and Public Works, is running a service to assist small to medium businesses by helping them get experience and advice.
<fn>GOV-ZA.11444En.2012-02-10.en.txt</fn>
The Directorate actively distributes information on export incentive programmes, particularly information on new national trade incentives.
When national government negotiates a new trade agreement, the Directorate of Industry Development distributes information about the agreement to exporters and other interested parties. In addition to providing written materials on the trade agreement, the Directorate also runs workshops.
An Export Centre has been established in the Southern Cape to boost exports in the region. Situated in the South Cape Business Centre in George, the Export Centre provides emerging and existing exporters with valuable advice and trade information.
<fn>GOV-ZA.11451En.2012-02-10.en.txt</fn>
In addition to business registration certain businesses are required to get a business licence in terms of the Businesses Act.
<fn>GOV-ZA.11452En.2012-02-10.en.txt</fn>
If you have a great business idea, the FNB Enablis Business Plan Competition is designed to take promising entrepreneurs to the next level, with over R10 million in potential funding, valuable prizes and business benefits on offer.
Informal trading and hawking is controlled by the municipality. Informal traders are required to get trading permits and may only trade in specified areas. Traders hawking food products are also required to get a business licence and comply with local health standards.
If you are a small business owner in need of individual support and assistance, RED Door Advice Centres around the Western Cape will be able to give advice, help you draw up an action plan and refer you to other organisations who provide mentoring services.
SAWEN is a networking forum for individuals and organisations that are committed to the promotion and advancement of women entrepreneurs.
<fn>GOV-ZA.11453En.2012-02-10.en.txt</fn>
If a licensed trader causes a nuisance this may be in breach of the Liquor Act or the conditions of the licence. A complaint must be laid with the police, who will take steps against the trader.
The public needs to be aware of liquor licence applications that are under consideration so that they can file objections. The Western Cape Liquor Board thus publishes a monthly list of incoming applications.
Anyone wishing to sell, manufacture or distribute liquor is required by law to have a liquor licence.
You can object to an application for a liquor licence.
<fn>GOV-ZA.11455228mpubEn.2012-02-10.en.txt</fn>
4 October 2005 As part of the Imbizo Focus Week from 1 to 9 October 2005, the following ministers/deputy ministers will be conducting Municipal Izimbizo in the municipalities detailed below. Media interested in covering the Imbizo are requested to contact the contact persons provided below. Minister of Communications, Dr Ivy Matsepe-Casaburri, will visit Thaba Chweu Local Municipality in Mpumalanga Province.
<fn>GOV-ZA.11455En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.11456En.2012-02-10.en.txt</fn>
If you are the victim of domestic abuse and your abuser is someone with whom you are in a domestic relationship, you may apply for a protection order, in terms of the Domestic Violence Act.
<fn>GOV-ZA.11457En.2012-02-10.en.txt</fn>
To report a crime that has already happened, you should telephone or visit your nearest police station. To report rape or child abuse there are special considerations that apply.
If someone close to you is missing, you should report it to the police. You do not need to wait for 24 hours - you can report it as soon as you know they are missing.
If you have been raped or sexually assaulted, you can report this to the police. It is your choice whether to report, but if you do not report then your case will not be investigated or prosecuted.
The Cable Theft Unit is a special team that deals with vandalism, cable and metal theft and they rely on tip offs from the public. You can contact the 24 - hour toll free number 0800 225 669.
<fn>GOV-ZA.11458En.2012-02-10.en.txt</fn>
Government has opened three Community Courts in Cape Town, Mitchell's Plain and Fezeka (Gugulethu/Mannenberg) to prosecute petty crimes in these areas.
Equality Courts are courts designed to deal with matters covered by the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, also known as the Equality Act.
If you are a witness and are afraid for your safety for reasons linked to being a witness, you can apply for witness protection. You can be afraid for your own safety or that of anyone related to you.
Municipal Courts deal mainly with the prosecution of traffic offences, and offences in terms of municipal by-laws, such as those for:zoning and building, water pollution, waste management, air pollution, fireworks, informal trading, parking.
<fn>GOV-ZA.11459En.2012-02-10.en.txt</fn>
Peace workers patrol the community and are available to help with any unarmed conflict situation. Other services provided include going to mass events, such as funerals, which may become violent. Peace workers serve their communities for a year.
A Community Police Forum (CPF) consists of organisations and institutions such as schools, ratepayers associations, civic organisations, businesses and religious institutions, working in partnership with the local police.
The function of a Community Safety Forum (CSF) is to coordinate the crime prevention activities of all government and non-government organisations (NGOs) that are involved in crime prevention in an area, which may cover several police station areas.
A neighbourhood watch is a group of citizens from a neighbourhood who agree to form a neighbourhood watch after discussing the idea with people who live in their area.
The provincial Department of Community Safety provides funding for anti-crime projects run by registered non-governmental organisations (NGOs) and Community Police Forums.
<fn>GOV-ZA.11460En.2012-02-10.en.txt</fn>
Police reservists are volunteers from the community who have the same powers and duties as police while they are on duty. To be a police reservist you must not have a criminal record, and you must at least have passed matric.
At present there is no single emergency number in South Africa. You therefore need to dial different numbers for different government emergency services, unless you are in the City of Cape Town metropolitan area, which already has its own single emergency number (107).
The Cape Town Metropolitan Police (previously known as Cape Town City Police) was established on the 1st of December 2001 in terms of the South African Police Services Amendment Act 1998.
If you are the victim of crime you are likely to be traumatised.
<fn>GOV-ZA.11462En.2012-02-10.en.txt</fn>
New Firearm Legislation in Effect from 1 July 2004, How to Apply for a Licence, How Long is the Licence Valid For How Many Firearms Can One Person Own What if I Have an Existing Licence What are My Responsibilities if I Own &nbsp;&gt;&nbsp?
The South African Police Service (SAPS) may remove a firearm under certain circumstances: If someone is in possession of a firearm without a licence, the SAPS may remove the firearm and bring a criminal charge against the person.
<fn>GOV-ZA.11463En.2012-02-10.en.txt</fn>
The Department of Social Development, together with non-profit organisations, runs a number of crime prevention programmes that aim to keep young people from committing crimes by keeping them out of gangs and clean of drugs.
There are numerous organisations in South Africa working with Youth around a vast variety of topics. These organisations include non-profit organisations, faith-based organisations, government sponsored initiatives and community-based initiatives.
The Chrysalis Academy offers a social crime prevention and upliftment programme targeting "youth at risk".
<fn>GOV-ZA.11469En.2012-02-10.en.txt</fn>
Most pre-primary schools offering Grade R teaching in the Western Cape are independent institutions, supported financially by the Western Cape Education Department (WCED). To qualify for financial support, pre-primary schools must register with the WCED.
All ECD practitioners must be registered with the South African Council of Educators (SACE).
<fn>GOV-ZA.11470En.2012-02-10.en.txt</fn>
Learners usually start Grade 1 at the start of the year in which they turn seven. Children may enter Grade 1 a year earlier if the WCED's assessment shows them to be ready for school.
The Western Cape Education Department maintains a database of schools and centres in the Province.
Children usually start Grade 1 in the year in which they turn seven. Children who will be turning six during the year can start school if they are shown to be ready for school.
<fn>GOV-ZA.11471En.2012-02-10.en.txt</fn>
School is compulsory from the beginning of the year in which the learner turns seven until the end of Grade 9 or of the year in which the learner turns 15 (whichever comes first).
WCED educators are available at three outdoor education centres and four museum programmes in the Western Cape.
<fn>GOV-ZA.11473En.2012-02-10.en.txt</fn>
The Cape Academy of Mathematics, Science and Technology in Constantia, Cape Town, is a new public school started by the Western Cape Education Department (WCED) specifically for learners with special talents in Mathematics, Science and Technology.
Further Education and Training (FET) covers Grades 10 to 12 in schools and equivalent levels in FET colleges (previously called technical colleges), namely NQF levels 2 to 4 and National Technical Certificates 1 to 3.
The National Youth Development Agency contains details on numerous career options and the study requirements for each.
FET is the education and training provided from Grades 10 to 12, including career-oriented education and the training offered in technical colleges, community colleges and private colleges.
What happens if you lose your Senior (Matric) Certificate You can get a duplicate Senior Certificate from the Western Cape Education Department if you wrote your examination in the Western Cape. &nbsp;&gt;&nbsp?
Do you need to verify a matric certificate or teacher diploma You can fax a request to the Western Cape Education Department or Umalusi or contact them for further information.. &nbsp;&gt;&nbsp?
<fn>GOV-ZA.11475En.2012-02-10.en.txt</fn>
The Department of Transport and Public Works nurtures a culture of lifelong learning amongst its staff. To this end the Department supports Adult Basic Education and Training (ABET) programmes.
There are an estimated 3.3 million illiterate adults in South Africa.
In 2000, the national Department of Education launched the South African National Literacy Initiative (SANLI), which oversees the establishment of a voluntary service to reach our estimated 3.3 million illiterate adults.
ABET centres are typically housed in community learning centres managed by local communities and supported by the Education Department. Those wishing to operate ABET centres must register them with the Western Cape Education Department.
<fn>GOV-ZA.11477En.2012-02-10.en.txt</fn>
The WCED checks that learners who are registered for home education are completing work that is consistent with the curriculum and that they are being assessed and are achieving the outcomes required of the particular grade.
Parents who want to provide home education for their children must register with the WCED.
<fn>GOV-ZA.11478En.2012-02-10.en.txt</fn>
All learners and educators should respect the rights of other learners and educators.
All schools and other educational institutions should implement universal precautions to prevent transmission of HIV and other blood-borne diseases. A full list of the precautions that should be taken is given in the document Universal Precautions for preventing disease transmission in schools.
The WCED has established a Safe Schools Call Centre as part of the Safe Schools Programme.
The WCED's Safe Schools Programme works with schools to ensure safe school environments needed for successful teaching and learning.
The National Education Strategy prioritises HIV/AIDS in education and requires HIV/AIDS to be included in the curriculum as part of Life Orientation.
<fn>GOV-ZA.11479En.2012-02-10.en.txt</fn>
Curriculum 2005 is the name of the National Curriculum Framework introduced into schools in 1998, based on the concept of Outcomes-Based Education (OBE).
WHAT IS THE NQF &nbsp;&gt;&nbsp?
The WCED's Curriculum website contains wide-ranging information about the curriculum, including details on the following learning areas and aspects of education: Adult Basic Education and Training., Accounting., Afrikaans., Agricultural science., Arts and culture., Assessment., Biology., Dance., Economics., Engineering., English.
<fn>GOV-ZA.11481En.2012-02-10.en.txt</fn>
General Education and Training refers to education and training provided at primary and secondary school level, from Grade R to Grade 9. It also includes Adult Basic Education and Training.
The Western Cape Education Department has launched a state-of-the-art Call Centre to improve the quality of support for teachers and officials employed by the department.
The Western Cape Education Foundation (WCEF) is a public/private partnership between the WCED and interested parties in the private sector and civil society.
<fn>GOV-ZA.11482En.2012-02-10.en.txt</fn>
The WCED advertises educator vacancies on its website. You can search for a post by post level, school, suburb, town and education district.
Before you can register with the South African Council of Educators and take up a teaching position, you need to obtain a recognised teaching qualification.
Advanced Certificate in Education (ACE) courses are available for teachers of Grade 12 Biology, English, Mathematics and Physical Science. This training focuses on upgrading the subject knowledge and teaching skills of educators.
All educators need to register with the South African Council of Educators (SACE). You cannot be hired as an educator if you are not registered.
The South African Council of Educators (SACE) is working with the Education Labour Relations Council (ELRC) and the national Department of Educators to upgrade teacher qualifications. Every teacher must have at least a three-year qualification.
<fn>GOV-ZA.11483En.2012-02-10.en.txt</fn>
Cape Access is a community development project which sees Information and Communication Technologies (ICTs) as tools to be used in building knowledge and creating opportunities.
The WCED is implementing various strategies to ensure that the province realises the full potential of information and communication technology (ICT) in education.
The WCED's Education Library and Information Service (EDULIS) gives educators access to management-, research- and curriculum-related material by providing a free library and information service, as well as support for school library organisations, guidance in Information Literacy Skills and evaluation of learning support material.
The WCED provides educators and learners with a variety of online resources.
<fn>GOV-ZA.11485En.2012-02-10.en.txt</fn>
Municipal Elections The last municipal elections were held on 1 March 2006. These elections determine who will represent voters on local and district municipalities.
<fn>GOV-ZA.11489En.2012-02-10.en.txt</fn>
We need to protect South Africa's environment and natural resources, including our freshwaters, our oceans and the creatures that live in them.
Permits are required for the capture or hunting of animals, fishing, the growing, exporting or picking of plants and trade in endangered species.
The Department of Environmental Affairs and Development Planning (DEA&DP) handles applications for permits to drive on the beach for the purposes of scientific research, recreational use, tourism business and gaining access to private property if there is no other access road.
<fn>GOV-ZA.11492En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.11494En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.11495En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.11497En.2012-02-10.en.txt</fn>
A chronic illness is one that continues for a long period of time or recurrs over a long period of time. Some of the most common chronic illnesses are asthma and high blood pressure (hypertension).
This service aims to prevent eye conditions that could lead to blindness, and to treat people who have problems with their eyesight.
<fn>GOV-ZA.11498En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.114bulletinEn.2012-02-10.en.txt</fn>
All tenders requested for in this bulletin are for the Mpumalanga Provincial Government, unless otherwise stated.
Visitors Centre, Building no. 9 1. Tenders must be on the official tender forms which must be filled in and completed in all Respects.
Tenders must be submitted in sealed envelopes.
The address, tender number and closing date must appear on the front of the envelope.
Unless otherwise stated, all tenders close at 14h00.
It is an absolute requirement that the taxes of the successful tenderer MUST be in order, or that suitable arrangement has been made with the Receiver of Revenue to satisfy them.
The SBD.2 form, Application for Tax Clearance Certificate (in respect of tenders), must be completed by the tenderer in all aspects and submitted to the Receiver of Revenue where the tenderer is registered for income tax purposed. That the Receiver of Revenue will then furnish the tenderer with a Tax Clearance Certificate that will be valid for 60 days from date of issue. This Tax Clearance Certificate must be submitted with the original tender, that is before the closing time and date of the tender. Failure to submit an original and valid Tax Clearance Certificate MAY invalidate your tender.
Henceforth, only the prices of tenders in the building, civil, mechanical and electrical works categories will be disclosed on request at the time of opening of tenders.
Tenderers are hereby advised that the Mpumalanga Provincial Government will only accept bank guaranteed cheques, cash or postal orders as payment for the tender levy.
Equity Participation The tenderer must provide information on the status of Black ownership in his/ her company - whether it be by its employees or the black prulic or Black-owned companies.
Other Empowerment Activities. The tender would be free to supply other relevant empowerment details which may not fall within the above-indicated framework.
Industrial Relations Climate Sound Industrial Relations are a good measure not only of the extent of employee acceptance of the work-place environment, but also of the state of their empowerment. If employees or their representatives are allowed and enabled to participate in key organizational processes, then a positive climate develops.
Department of Finance Building No.
Please note that tender documents can be collected at any of the above-mentioned satellite offices, but tender closures are ONLY administered at the following Tender Board Offices, viz.
Compulsory briefing session will be held on the 13 February 2006 at 10h00, Building No.
Call for proposals for the Environmental Practitioners to submit their company profiles with details indicating experience in the environmental field.
Briefing session will be held on the 14 February 2006 at 09h00, Building No.
<fn>GOV-ZA.114eralEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.11500En.2012-02-10.en.txt</fn>
The ATICC Resource Library is open to the public and has information on all aspects of HIV/AIDS/STIs and TB. The Library consists of a comprehensive collection of videos, periodicals, articles, training manuals, research papers, reports, directories, pamphlets, newspaper cuttings and flipcharts.
Anti-retrovirals are medicines used to treat people with HIV (Human Immunodeficiency Virus) infection.
ATICC supplies condoms, pamphlets, booklets and posters to the public. The items are free and subject to change and availability.
Treatment is available for opportunistic infections that, unlike HIV, are mostly curable. These include diarrhoea, tuberculosis, pneumonia and candida (oral or vaginal thrush), which an HIV-positive person can pick up easily because their immune system is weakened by HIV.
Voluntary Testing and Counselling (VCT) is available at ATICC, as well as at most clinics of public health facilities. The decision to be tested is a voluntary one - no one can be forced to have an HIV test.
<fn>GOV-ZA.11501En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.11502En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.11504En.2012-02-10.en.txt</fn>
Pregnant girls and women are referred to maternity services or Midwife Obstetric Units (MOUs) in urban areas, and satellite or fixed clinics in the rural areas. MOUs are birthing units run by midwives in the community for primary healthcare patients.
Mothers can deliver at fixed clinics or Midwife Obstetric units, which are run by midwives in the community for primary healthcare patients. If complications arise during birth then they will be transferred to a hospital up the line.
It is estimated that 150 000 children born annually in South Africa are affected by a significant birth defect or genetic disorder by the age of five years.
Post natal services become available after the mother and her newborn have been discharged from the MOU or clinic. This usually happens six hours after the birth if both mother and baby are in good health.
Women and girls whose menstrual periods are one or more weeks late are advised to have a pregnancy test. These tests are free at primary health clinics and other health facilities. However, they are not always available.
<fn>GOV-ZA.11505En.2012-02-10.en.txt</fn>
Community-based, primary and hospital-level mental health services for children, adolescents and adults with substance abuse problems are available.
In- and out-patient mental health services are available for children and adults during those periods when their mental health care needs require more intensive and contained care than available at the primary level of care.
The Primary Healthcare (PHC) service detects, diagnoses and treats common mental health conditions, and organises the referral of more complicated mental health problems to more appropriate levels of mental health care.
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<fn>GOV-ZA.11517En.2012-02-10.en.txt</fn>
Emergency contraception can help prevent an unplanned pregnancy.
The service is available to all women and men over the age of 14 years who have been raped or sexually assaulted. Survivors are given medical, psychological and forensic care at specialist clinics in the province.
<fn>GOV-ZA.11518En.2012-02-10.en.txt</fn>
Sexually Transmitted Infections (STIs) are spread from one person to another by sexual contact. These infections cause Sexually Transmitted Disease (STDs), which are common, can cause pain, and can cause infertility and death if not treated.
<fn>GOV-ZA.11520En.2012-02-10.en.txt</fn>
The TB Control Programme aims to identify 80% of people who have TB and to cure them at the first attempt. The programme also tries to identify the infectious pool of people.
<fn>GOV-ZA.11521En.2012-02-10.en.txt</fn>
National, Province and the City of Cape Town have completed phase one of the N2 Gateway project, a joint pilot venture aimed at accelerating the delivery of human settlements in the Western Cape.
<fn>GOV-ZA.11523En.2012-02-10.en.txt</fn>
When you buy a property, you need to get the title deed transferred into your name. This deed constitutes proof that you are the owner of the property.
<fn>GOV-ZA.11524En.2012-02-10.en.txt</fn>
The Department of Local Government & Housing has a hotline that can be contacted for information on the Department and its projects and services.
Individual housing subsidies are available to low-income households who wish to buy a residential property for the first time.
The national Departments of Land Affairs and Housing provide grants and subsidies to buy or develop land and houses. Any one household can only get up to R16 000 in subsidies. This is not a loan and does not need to be paid back.
In rural areas, many people don't have legal rights over their land but they do have functional security of tenure.
Alternative settlement options for farm workers are provided to promote permanent settlement and agricultural development. These settlement options may be "on farm" or "off farm" to allow farm workers and their dependents to benefit from tenure and housing rights and take advantage of subsidy opportunities.
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<fn>GOV-ZA.11530En.2012-02-10.en.txt</fn>
South African citizens have certain rights that people who are not citizens do not have. For example, the right to:vote, be given a South African passport, come into South Africa after living somewhere else.
An Identity Document is an official document used to identify yourself. Every country needs to be able to identify its citizens. Private and public institutions also need proof that you are who you say you are (for example, for banking and to vote).
If you need information from Home Affairs, you can contact the Home Affairs Hotline on 0800 60 11 90.
The Department of Home Affairs has telephone hotlines to assist people who need more information about Immigration or who have questions about the Immigration Act, 2002.
<fn>GOV-ZA.11531En.2012-02-10.en.txt</fn>
Before you can enter South Africa, you need to have a visa. At the port of entry, your visa will be replaced with a temporary residence permit which states how long you may stay and for what purpose.
<fn>GOV-ZA.11532En.2012-02-10.en.txt</fn>
The Department of Home Affairs has launched a new online marriage verification service as part of the Check Your Marital Status Campaign.
<fn>GOV-ZA.11533En.2012-02-10.en.txt</fn>
Indien die hof beveel het dat 'n ouer onderhoud vir kinders moet betaal, is dit 'n kriminele oortreding om nie te betaal nie.
<fn>GOV-ZA.11536En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.11537En.2012-02-10.en.txt</fn>
All building plans need to be approved by the local authority. The City of Cape Town considers various factors before approving building plans, including the environmental impact of the development and the environmental health consequences of the development.
The City of Cape Town Structure Plan for Mining provides information that will help you to get information about mineral deposits and vegetation. This information can be used as a guide in decision-making.
Who handles land development applications How are applications decided Appeals & queries &nbsp;&gt;&nbsp?
As part of the Department of Environmental Affairs and Development Planning's contribution to the Built Environment Support Program (BESP), the Department has established a Development Facilitation Unit (DFU).
In June 2010, the National Minister for Water and Environmental Affairs, Minister Buyelwa Sonjica, promulgated the new Environmental Impact Assessment (EIA) Regulations 2010 in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998) ("NEMA").
The City of Cape Town provides information on floodplain areas, that is areas that are likely to be flooded when there is a great deal of rain. The online floodplain map service allows you to zoom into a particular area.
<fn>GOV-ZA.11538En.2012-02-10.en.txt</fn>
Government Motor Transport manages the use of government vehicles in the Western Cape.
The Chief Directorate - Property Management is responsible for providing information on WCHDB properties.
In terms of the Western Cape Land Administration Act, this Department is required to establish and maintain a State Land Register that is commonly known as the property register and identifies the various government properties and the government departments that utilise these properties.
<fn>GOV-ZA.11539En.2012-02-10.en.txt</fn>
The Public Works Community-Based Programmes Branch has contracted with First Auto to employ unemployed people in both rural and urban communities near to government facilities to clean government vehicles on a regular basis.
<fn>GOV-ZA.11540En.2012-02-10.en.txt</fn>
Gambling should be for leisure and entertainment - however some people become addicted to gambling.
<fn>GOV-ZA.1154187gautbEn.2012-02-10.en.txt</fn>
IMPORTANT NOTICE The Government Printing Works will not be held responsible for faxed documents not received due to errors on the fax machine or faxes received which are unclear or incomplete. Please be advised that an "OK" slip, received from a fax machine, will not be accepted as proof that documents were received by the GPW for printing. If documents are faxed to the GPW it will be the sender's responsibility to phone and confirm that the documents were received in good order. Furthermore the Government Printing Works will also not be held responsible for cancellations and amendments which have not been done on original documents received from clients.
<fn>GOV-ZA.11541En.2012-02-10.en.txt</fn>
The World Cup 2010 Unit wants residents of the province to be both informed and excited about what will be happening during the event.
Not everyone will be able to get tickets to watch a 2010 FIFA World Cup game in a stadium. That is why the World Cup 2010 Unit will be creating what we are calling "FanJols".
The 2010 FIFA World Cup has the potential to generate a lot of push factor tourism from the Host City for the rest of the Western Cape.
All types of sports are honoured with these awards. There are also awards dedicated specifically to disabled sportsmen and women.
About 25 000 government officials try their hand at soccer, mini-cricket, volleyball, tug of war and athletics during the sports days for government officials held by Sport and Recreation Services.
The Western Cape is a much-loved sports destination globally. This becomes clear when you consider that Sport and Recreation Services hosts between 25 and 30 major events every year.
The World Cup 2010 Unit is ensuring that suitable volunteers are selected and trained before the event.
<fn>GOV-ZA.11547En.2012-02-10.en.txt</fn>
This programme is an initiative of the national Sport and Recreation Department to revive and revitalise clubs that have become non-functioning due to lack of administrative capacity, access to funding for transport, training kit and equipment, etc.
Sport and Recreation Services aims to promote, coordinate and implement sport development programmes and projects for the disability sport sector in the Western Cape. It does this by supporting initiatives that promote the integration of athletes with a disability into mainstream sport.
Sport and Recreation Services aims to ensure that women and girls continue participating in sport and recreation mass participation programmes.
Many disputes have occurred between different sporting bodies.
Farm communities are often isolated and underdeveloped, but Sport and Recreation Services make sure that sport teams from these areas are mainstreamed. They ensure that the farm communities have their own clubs and executives representing them at higher bodies.
Sports role models have a big influence on their fans. Sport and Recreation Services use this influence for good by letting these role models speak about HIV/AIDS at major events. Abstinence and safe sex is promoted and healthy, safe lifestyles are encouraged.
The Colours Board makes sure that there are standardised criteria for the allocation of sports colours, so that all qualifying athletes can wear theirs with pride.
Sport is a topic that really keeps this province talking. Sport and Recreation Services create the space where stakeholders in sport from different communities can discuss topics relating to sport in their area.
If a sports federation is lacking in a certain area, Sport and Recreation Services will do all they can to improve the situation.
Eli Sebe liphuhlisa imidlalo yeli ngokuthi iqeqeshe amavolontiya njengeenkokheli zemidlalo yeli lizwe.
<fn>GOV-ZA.11548En.2012-02-10.en.txt</fn>
Besoekers wat by enige van die natuurreservate in die Wes-Kaap wil oorbly, moet vooraf hulle akkommodasie bespreek. Geriewe en tariewe wissel by die onderskeie plekke.
The Municipality maintains and controls the following public facilities: libraries, museums, beaches and amusement facilities, municipal parks and recreation facilities, local sport facilities.
The Bitou local municipality maintains and controls the following public facilities:libraries, museums, beaches and amusement facilities, municipal parks and recreation facilities, local sport facilities.
The Municipality maintains and controls the following public facilities: Libraries, Beaches and amusement facilities, Municipal parks and recreation facilities, Local sport facilities.
The City of Cape Town maintains and controls the following public facilities:libraries, museums, beaches and amusement facilities, caravan parks and camping sites, local nature reserves, municipal parks, sports centres, swimming pools.
Your grandparents probably enjoyed playing intonga, kho-kho or jukskei when they were young. Sport and Recreation Services want to ensure that these indigenous games are not lost, so that the current and future generations of children can enjoy playing them too.
The Municipality maintains and controls the following public facilities:libraries, museums, municipal parks and recreation facilities, local sport facilities.
Elderly people also have the right to quality of life. This can be improved if they have the opportunity to take part in recreation activities that are healthy and enjoyable.
If the people of the Western Cape play sport and recreational games, they will not only lead healthier lives, but also have fun!
The public parks, swimming pools and other recreation facilities in the area are maintained and controlled by the local authority.
<fn>GOV-ZA.115549En.2012-02-10.en.txt</fn>
This fact sheet explains what Multi-Drug Resistant TB is and provides information on its treatment and prevention.
Multi-Drug Resistant TB, like "Ordinary" TB, can be prevented and treated. Early presentation to a local health facility and adherence to prescribed treatment will prevent further spread of the disease.
Encourage everyone who is coughing for more than 2 weeks to be tested for TB and everyone on treatment to complete their treatment.
What is MDR TB?
How many people in the Western Cape Province are affected with MDR TB?
What causes MDR TB?
Can someone develop MDR TB without ever having been infected with "ordinary TB"?
Who is at risk of contracting MDR TB?
Is it easier to get MDR TB Is MDR TB more infectious than "ordinary" TB?
What are the symptoms (complaints) of persons with MDR TB?
How is MDR TB diagnosed?
How can the spread of TB be prevented (including MDR TB)?
Can a person with MDR TB continue to work, and if not, are they eligible for a disability grant?
Is there a link between HIV/AIDS and MDR TB?
Can an HIV infected person or person living with AIDS take both MDR TB and Antiretroviral treatment at the same time?
What is meant by an "outbreak" of MDR TB?
In the case of an outbreak of MDR TB, how is further spread of the infection prevented?
Multi-Drug Resistant TB (or MDR TB) is a form of TB caused by bacteria (germs) that are resistant to the usual drugs used to treat "ordinary" TB. In other words, the normal drugs that we use to treat "ordinary" TB will not work.
The Western Cape Province has relatively low rates of MDR TB, compared to other provinces and elsewhere in the world.
Of all people who are diagnosed with TB for the first time, 1% (1 in 100) will have MDR TB, and of all people who are diagnosed with TB after having been treated for TB before, 4% (4 in 100) will have MDR TB.
The World Health Organization (WHO) ranks South Africa the 9th country in the world who notifies the most number of TB cases every year.
This means that although the rates of MDR TB are low in the Province, there is still a large number of people diagnosed with MDR TB in the province each year.
On average between 450 and 600 new cases of MDR TB are diagnosed in the Western Cape annually.
MDR TB is caused by the development of TB bacteria, which have become resistant to ordinary TB drugs. This occurs as a result of inadequate or irregular management of "ordinary" TB, either by using inappropriate drug combinations or by using single drugs for "ordinary" TB, clinics running out of drug stocks, inadequate counseling of patients leading to patients not taking their treatment correctly (poor treatment compliance) or patients not returning for treatment (defaulting treatment).
Most MDR TB will develop as a result of poor adherence to the treatment for "ordinary" TB; however it is possible for someone who has never had or been treated for TB before to be infected with bacteria that are already resistant to ordinary TB drugs, if they have had close contact with someone with MDR TB.
Anybody who is exposed to someone with MDR TB may be at risk of developing it. Most people who have strong immune systems will not develop the disease, as their body's immune system can fight the infection.
People who are at greater risk of developing "ordinary" TB are also at greater risk for MDR TB.
Persons whose immune systems are not strong due to other diseases e.g.
Persons with substance abuse problems e.g. alcoholism or drug abuse.
There is no evidence to suggest that it is easier to get MDR TB than ordinary TB.
TB of the lungs is relatively more infectious than TB affecting other organs/ systems of the body, as the bacteria may be excreted and spread by air-borne droplets.
A persistent cough for longer than 2 weeks.
The cough may be productive and blood stained, chest pain, loss of weight and loss of appetite and night sweats.
Once a person presents with symptoms of TB, or is found to be a close contact of somebody with TB, clinic staff will request the person to provide two sputum (spit) specimens (phlegm from coughing), which will be sent to the laboratory for testing under a microscope. In addition to the normal tests done for TB, additional tests called culture and sensitivity testing, are done on the sputum specimens of people suspected of having MDR TB. These specialized tests take three to four weeks to reveal growth of the resistant TB bacilli, and to see which drugs will work against the bacteria. In addition, chest X-rays may be done in certain circumstances to see the extent of any lung damage and for future monitoring of response to treatment.
Can patients with MDR TB be treated and cured?
MDR TB is more difficult to treat than ordinary TB, because the TB bacilli are resistant to the drugs used to treat ordinary TB. "Second line" TB drugs are used, which are less effective and have more side effects. Treatment outcomes are not as good as those with drug sensitive TB, partly because MDR TB tends to occurs in people with extensive lung damage who have been on and off TB treatment a long time. If diagnosed early the chances of cure are much better. On average, less than 50% of people with MDR TB will be cured, and about 30% will die before completing treatment.
How is MDR TB treated?
Patients with MDR TB will have to take at least 5 different drugs, including a daily injection for 4 months 5 days a week. During this time most patients with MDR TB are admitted to hospital so that they can be closely monitored for adherence to treatment and to monitor any side effects.
Thereafter patients will need to take at least 3 different drugs for a further 12 - 16 months 5 days a week.
Thus, treatment is much longer than for "ordinary TB" (which takes between 6 to 8 months), and can go on for up to 2 years. The length of treatment is to ensure that the disease does not relapse.
When coughing or sneezing, any person and especially those with TB or MDR TB should cover the nose and mouth with a tissue to prevent air-borne spread of the bacilli. Patients should also avoid spitting into open air/ the ground. Good ventilation of households is strongly recommended, people are encouraged to keep all windows and doors open. If possible limit prolonged contact (includes avoiding sharing the bedroom at night) with persons with ordinary TB or MDR TB, while their sputum remains positive with TB or MDR TB bacilli.
When the patient is taking treatment regularly and once the sputum has been tested and shows that they are no longer excreting MDR TB bacilli, the person can resume working. This usually takes longer than the usual period of 2 weeks as with "ordinary" TB. The doctor and TB nurses will monitor the patient closely and will inform the patient when they can go back to work. If the patient is assessed and declared to be "physically incapacitated" by a medical doctor, they may apply for a temporary disability grant.
People who are HIV positive are more susceptible to ordinary TB. There is no evidence that HIV positive people are more susceptible to MDR-TB than to ordinary TB.
Infection with TB also increases illness and progression (morbidity) of HIV, including increasing the death rate (mortality) in HIV infected people. Thus it is extremely important for TB to be prevented and/or detected and treated as early as possible in HIV infected people.
It is important to remember that even if someone is HIV positive TB can be treated and cured!
The two treatments may be taken concurrently. Close monitoring by an experienced medical doctor is necessary for patients on both therapies.
By definition any disease outbreak is the occurrence of more cases of the particular condition than would normally be expected in the particular circumstances. The disease cases must be epidemiologically linked (that means that medical staff are able to establish definite links between the cases), as opposed to occurring by coincidence.
Once an MDR TB case is suspected, active case finding is undertaken, i.e. we actively look for all persons who may have contracted the infection before they present ill to health facilities. This is done to limit the potential spread of the infection by as yet undiagnosed persons. Sputum tests for MDR TB are done and appropriate treatment is offered to confirmed cases.
At the same time, these persons should be removed from the community until they have received treatment and are no longer infectious.
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There are a number of shelters for abused women in the Western Cape registered with the Department of Social Development.
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The provincial Department of Social Development funds a number of workshops aimed at educating the elderly about their rights in terms of the Older Persons Act (Act 13 of 2006), which was signed into law in November 2006.
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Adults who find themselves on the street can get short-term accommodation, for a nominal fee, at any of the shelters registered with the provincial Department of Social Development.
Destitute children under the age of 18 years can obtain shelter at any number of shelters specifically for street children.
<fn>GOV-ZA.11582En.2012-02-10.en.txt</fn>
These courses are designed to equip participants with the knowledge to understand the issues around HIV/AIDS/STD/TB and to deal appropriately and sensitively with people who are infected and/or affected.
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Existing non-profit and non-government organisations can get development and support services from the government through the provincial Department of Social Development.
Non-profit and non-governmental organisations that provide HIV/AIDS-related services can apply for funding from the provincial Department of Social Development.
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The Department of Social Development funds a number of feeding schemes for the poor throughout the Western Cape.
Vulnerable members of the community - especially those who are unemployed and children who do not benefit from school feeding schemes - can take advantage of any number of feeding schemes run by non-profit organisations and funded by the provincial Department of Social Development.
If you are unable to support your family's basic needs because of a crisis of a temporary nature, you can get a monthly payment for up to three months, called a social relief of distress award.
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"Fraud Costs You Money. See it, Report it, Stop it!"
If you are an adult (18 years or older) who is not able to work because of a mental or physical disability, you can get a monthly payment from the government called a disability grant.
A foster child is a child who is removed from their parents and legally placed in the care of foster parents, in terms of the Child Care Act.
For more information: South African Social Security Agency (SASSA) Who Can Apply for the Old Persons Grant The Means Test, Old Persons Grant 201! Applying for the Grant, Enquiries &nbsp;&gt;&nbsp?
Social Relief of Distress is a temporary grant of assistance intended for someone in such need that they are unable to meet their or their families' most basic needs.
If you are older than 60, or younger than 60 but mentally or physically unfit for work, and you served in the First (1914-1918) or Second World War (1939-1945) or the Korean War (1950-53), you may get a war veteran's grant.
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The Department of Environmental Affairs and Tourism through the Tourism Enterprise Programme (TEP), is engaged in the establishment of a black business database in collaboration with South African Tourism.
The Tourism Enterprise Programme (TEP) is an initiative of the Business Trust. The programme is implemented by designated sub-contractors in the provinces.
The Tourism Help Desk Programme was initiated to provide assistance to tourism entrepreneurs. Each Tourism Help Desk (THD) actively identifies opportunities and entrepreneurs to kick-start the growth of tourism SMMEs, especially in rural areas.
You may apply for a tourism sign to be erected near your tourist facility.
<fn>GOV-ZA.11588En.2012-02-10.en.txt</fn>
The Industrial Development Corporation's (IDC's) Tourism Business Unit finances capital expenditure in tourism businesses.
The SMEDP is a cash grant incentive scheme which offers assistance to tourism-related enterprises in South Africa. Assistance is provided to either new or expansion projects. The following are examples of projects that are eligible: Businesses classified as providers of short-term accommodation e.g.
The poverty-relief programme was established by government to alleviate poverty in South Africa. The tourism branch within the Department of Environmental Affairs and Tourism was allocated funding to support projects of a tourism nature.
The International Tourism Marketing Assistance Scheme (ITMAS) provides partial compensation to businesses for certain costs incurred in respect of activities aimed at promoting tourism to South Africa.
The International Tourism Marketing Assistance Scheme (ITMAS) provides partial compensation to businesses for certain costs incurred for activities aimed at promoting tourism to South Africa.
The Chief Directorate: Tourism Development has an annual budget for funding projects which help to grow the tourism industry. This growth can be realised in many ways, for example through job creation, training or infrastructure development.
The Tourism Learnership Project (TLP) is a Business Trust initiative that was founded to speed up the provision of learnerships and skills programmes with a view to promoting better service and productivity in the tourism, hospitality and conservation sub-sectors.
The aim of Cape Town Tourism is to position Cape Town as a world-class tourist destination and as South Africa's premier conference, incentive, leisure and events destination, whilst maximising economic spin-offs and job creation. The development of internationally known tourism icons is an important priority.
<fn>GOV-ZA.11590En.2012-02-10.en.txt</fn>
The Tourism, Hospitality and Sport Education and Training Authority (THETA) offers an accreditation service to certain persons or organisations that offer education, training and/or assessment in the tourism industry.
<fn>GOV-ZA.11591En.2012-02-10.en.txt</fn>
The Cape of Great Events website lists all major events that are taking place in the city. If you are organising an event, you can have it listed on the website free of charge.
<fn>GOV-ZA.11592En.2012-02-10.en.txt</fn>
If you are looking for a registered tourist guide to show you around Cape Town or any other part of the Western Cape, you can search the Tourist Guide database to find the perfect guide to match your needs.
You can order tourism brochures for South Africa online. The brochures are available in English, Dutch, Italian, French and German.
<fn>GOV-ZA.11594En.2012-02-10.en.txt</fn>
What is foreign exchange allowance How much is the foreign exchange allowance Can you get an additional allowance &nbsp;&gt;&nbsp?
<fn>GOV-ZA.11598En.2012-02-10.en.txt</fn>
Safe and reliable transport will be vital for a successful 2010 World Cup. To ensure that the transport industry benefits, taxi operators have the opportunity to apply for a temporary operating licence (special event - 2010).
Members of the public can apply to use a public road for filming purposes. The permit application depends on whether a road is a municipal or a provincial road.
Members of the public can apply to use a public road to stage an event such as a sporting event.
If you have a disability, you can apply for a disabled parking disc from the municipality. This disc allows you to park in allocated disability parking bays and exempts you from parking provisions in certain circumstances.
All driving instructors are required to register. To obtain an instructor's certificate, you are required to undergo a criminal record check, obtain a medical certificate and pass an instructor's test.
Should you wish to open a driving licence testing centre, the centre needs to be registered with the Minister of Transport.
All South African drivers are required to have a credit card-format driving licence. This is automatically issued when a new driver receives a licence.
Before applying for a driving licence, you must have a learner's licence. You can get a learner's licence for a motor cycle over 125 CCs, car, minibus, small goods vehicle or for a larger vehicle if you are older than 17 years of age.
Manufacturers, builders and importers of vehicles, as well as motor transport contractors and motor dealers, may drive unregistered vehicles on public roads under a motor trade number.
Should you need the registration information of a vehicle confirmed, you can approach a motor vehicle registration centre. The vehicle details cannot be given out but any information you have can be confirmed.
All motor vehicle testing stations need to be registered and graded before they can issue valid roadworthiness certificates.
In terms of the National Road Traffic Act, anyone manufacturing or selling licence plates must be registered.
A permit is needed to transport abnormal loads and vehicles. The requirements for a permit depend on the size and nature of the load or vehicle.
To drive certain types of vehicles, you are required to have a professional driving permit in addition to your driving licence.
Before you may transport passengers for gain, you need to have a public operating licence.
Every manufacturer, importer or builder of motor vehicles must be registered with the Department of Transport and Public Roads (Law administration Division) before a vehicle manufactured, imported or built is distributed or sold.
A roadworthiness certificate can be obtained from any private or public vehicle testing station.
Motor vehicle owners can apply for special and personalised number plates.
If your car's engine number or chassis number has changed, you are required to get a clearance certificate before you can reregister the vehicle.
Licence inspectors, vehicle examiners, driving licence examiners, traffic officers and traffic wardens need to be registered.
The law requires your vehicle to be licensed annually. It is your duty as the vehicle's owner, to ensure that the licence is renewed before it expires.
All vehicle title holders are required by law to register their vehicles when they finance the sale of the vehicle. The vehicle registration is recorded on the National Traffic Information System (NaTIS).
If you build a vehicle up from parts, or if the tare of the vehicle changes, you will have to to obtain a weighbridge certificate before you will be able to register the vehicle.
<fn>GOV-ZA.115En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.115bulletinEn.2012-02-10.en.txt</fn>
8 classrooms, 6 toilets and fencing at L.
10 toilets at J.
Compulsory briefing session will be held on the 01 March 2006 (Wednesday), 10h00 Building No.
Compulsory briefing session will be held on the 28 February 2006 (Tuesday), 10h00 at the entrance of Building No.
<fn>GOV-ZA.115legislationabills2En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.115legislationabills3En.2012-02-10.en.txt</fn>
Eastern Cape MEC for Public Works, Christian Martin to address Imbizo in Colchester Members of the media are invited to attend an Imbizo gathering in Colchester, which will be addressed by Eastern Cape Public Works MEC, Christian Martin. The community and other stakeholders are welcome to voice their concerns with the MEC and government officials.
URL: http://www.info.gov.za/speeches/2008/08041111151002.
Eastern Cape Public Works MEC Christian Martin will deliver the keynote address at the handing over ceremony of the Humansdorp Multi-Purpose Centre scheduled for Friday, 3 April at 10h00. The centre is a response by the Department of Public Works to the growing needs of the people of Humansdorp, enabling the local population to have direct access to the services of the Department of Social Development.
Tomorrow, Eastern Cape Public Works MEC Christian Martin will hand over rugby jerseys and gear to Uitenhage Progress Rugby Club and various schools in the greater Port Elizabeth area. MEC Martin said rugby is a national treasure and all who participate in it, at all levels, are entitled to free and equal access to it. According to Martin tomorrow's event is but a small start in ensuring that rugby is treasured by all communities.
URL: http://www.info.gov.za/speeches/2009/09021312451003.
URL: http://www.info.gov.za/speeches/2008/08051209451001.
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In this regard, a "one stop shop" National Youth Development Agency has been established to drive the implementation of youth development policies in South Africa.
Gauteng Department of Local Government and Housing has progressively strengthened the quality of education and improved access to educational institutions in the province.>Under Alexandra renewal Project, 13 primary schools, five secondary schools and one special school, repairs and renovations have been made to 17 of the schools.
A total of 77 educators had undergone a one-year training and mentoring programme in four primary schools.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=1196&tid=1215 Size: 5KB Collection: speeches_cm?
The Moon is much closer than Jupiter.
It (Jupiter) is a long distance from Earth.
Note: To receive credit, the Moon should be located between the Earth and the Sun within the shaded region shown in the diagram below. Responses may also show the shadow cast by the Moon on Earth. Credit should be given for responses based on the correct position of the Moon even if incorrect shadows are shown. Because it is not explicitly required in the item, errors in the relative size or distance of the moon will not be considered.
causes a greenhouse effect.
Which is NOT a fossil fuel Coa?
Philippines Australia Moldova, Rep.
The graph shows the progress made by a beetle moving along a straight line.
<fn>GOV-ZA.115legislationabills8En.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2003/03061710461001.
The ongoing training opportunities offered to members of the South African Department of Defence by the British Ministry of Defence as well as the Foreign and Commonwealth Office needs also to be mentioned.
URL: http://www.info.gov.za/speeches/2003/03060613461001.
As a result, the budget of the Department of Defence has been declining for the past few years. Our defence budget allocation has forced us to re-examine our overall strategy with an aim of becoming affordable whilst still being able to deliver an effective defence force. On the occasion of the Defence budget vote earlier this year, we said that Defence is a large complicated machine.
T Manuel, P Jordan, T Didiza, M Mangena, M Lekota, N Madlala-Routledge, R Mabudafhasi, L Xingwana, C Gillwald, G Oosthuizen, S van der Merwe, S Shabangu & D Hanekom to conduct Municipal Izimbizo as part of Imbizo Focus Week, 8 9 Oc?
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<fn>GOV-ZA.11600En.2012-02-10.en.txt</fn>
There are three kinds of roads: national, provincial and local roads. These roads are built and maintained by different bodies.
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Golden Arrow currently provides bus services. These existing contracts will be replaced by contracts with SMME operators to create empowerment and employment opportunities. Bus timetables can be accessed via email or through the Golden Arrow website.
Various transport facilities are available for tourists visiting the Western Cape. These include tour buses, shuttles, metered taxis and chartered services.
The Provincial Government Department of Transport and Public Works is responsible for regulating the mini-bus taxi industry in the province.
Rail services are provided by Metrorail. The CapeMetrorail website provides up-to-date timetable, fee and route information.
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If you are in an accident, you need to report this to the police, who will complete an accident report.
The Arrive Alive Campaign aims to decrease the number of lives lost on South African roads through raising public awareness of road safety concerns.
The Department of Transport and Public Works keeps data and statistics on accidents that have occurred in the province. The same information is also kept by the City of Cape Town for accidents that have occurred in the area of jurisdiction of the city.
Traffic light failures impact adversely on all road users and must be reported immediately.
The municipality is responsible for controlling traffic and parking in the area.
All traffic violations that take place in the City of Cape Town - that is, the Cape Metropolitan area, Blaauwberg, Cape Town CBD, Helderberg, Oostenberg, South Peninsula and Tygerberg - are dealt with by the City of Cape Town's Municipal Traffic Departments.
Each municipality handles traffic fines in its jurisdiction. It is your right to view speed-camera photos and contest in writing any traffic fine you may receive.
All traffic violations that take place in George are handled by the George Traffic Department.
All traffic violations which occur within the Laingsburg Municipality are handled by the Laingsburg Traffic Department.
All traffic violations that take place in Grabouw, Caledon/Middleton, Botrivier, Riviersonderend, Villiersdorp, Greyton and Genadenda are handled by the Theewaterskloof Traffic Department. It also manages speed fines along the N2 at certain points in this area.
This in an online service, which allows you to calculate whether you are over the legal limit or not, based on how much you have drunk, your body weight, time, and gender.
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The Cape Town Municipality has introduced the Public Transport Service For The Deaf . This allows people with hearing difficulties to get public transport information, such as bus and train timetables, routes and destinations, over the telephone using a Telkom device called Teldem.
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This awards ceremony is an annual celebration of nominated individuals who have contributed to the arts, culture, museum, heritage, language and archive services of the Western Cape.
How often have you visited a craft market and noticed the beautiful crafts for sale &nbsp;&gt;&nbsp?
Public participation is vital for an active arts and cultural life in any community. For this reason, Cultural Services supports a network of Cultural Forums across the Western Cape.
Craft, film and video, music and publishing all form part of the Cultural Industries sector. Cultural Services dialogues with these industries in support of its support of the popularisation and development of arts and culture.
An annual funding cycle is administered by the Cultural Services. Applications for funding must follow the deadlines of this cycle. No ad hoc applications will be considered. Only non-profit bona fide arts and culture organisations are eligible for funding. Individuals are not eligible.
The word "genre" comes from French via Latin. Genre means "kind" or "type" and is used to categorise different ways of producing arts and culture.
Heritage Western Cape (HWC) advises communities on ways to identify heritage resources in the areas where they live. In order to do this, HWC facilitates interaction between heritage practitioners and landowners and maintains a list of contact details for these consultants.
Have you ever danced a riel or a namastap These dances are indigenous to South Africa and yet they are not as well known as pantsula or gumboot dancing. By hosting events and workshops, Cultural Services aims to showcase and develop less mainstream indigenous dance &nbsp;&gt;&nbsp?
The indigenous music of the Western Cape, the music that was here before the arrival of the colonial settlers, has not received the same attention as mainstream music. The instruments, such as drums and bow-shaped instruments, are not played as widely as other instruments.
Puppetry offers a unique way for developing drama as it does not require the same technical support, such as lighting and a large stage space, as conventional stage-bound drama.
Since humankind has worked fields, a song has helped to lighten the labour. The farm workers of the Western Cape continue this tradition: they sing songs to motivate them in their daily work.
From commuter metro-train to vineyard, the Western Cape is replete with wonderful storytellers. Storytelling is an ancient art that engages listener and speaker in a magical moment.
Cultural Services provides support and assistance to the Western Cape Cultural Commission (WCCC) as well as its secretariat.
Many disadvantaged youth of the Western Cape have learnt to play a musical instrument without any formal training. Even though they can play the instrument, they have never learnt to read music.
With the technological development in visual media - television, advertising and more recently, the internet - supporting the visual arts is increasingly relevant in our contemporary society.
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Unless otherwise stated, all tenders close at 12h00.
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<fn>GOV-ZA.117bulletinEn.2012-02-10.en.txt</fn>
Mr T.C.P.
Mr T.J.
With its rich and diverse roots, South Africa boasts a colourful array of arts and culture that includes, among other things, craft, dance, literature, music, architecture, theatre and visual arts. This unique heritage plays a significant role in social regeneration, unity and reconciliation.
Art in Correctional Facilities Programme.
Government has initiated several national legacy projects to establish commemorative symbols of South Africa's history and celebrate its heritage.
Other projects underway are the 1981 Matola Raid Memorial in Maputo, Mozambique; the rehabilitation and development of the Lock Street women's prison in East London into a museum; the development of the former apartheid state security site Vlakplaas into a heritage memorial site; and the OR Tambo Memorial Project in Bizana in the Eastern Cape.
The National Arts Festival, held annually in July in Grahamstown, Eastern Cape, is one of the largest and most diverse arts gatherings in Africa.
In 2010, the festival will be extended to cater for soccer fans visiting the Eastern Cape for the Soccer World Cup.
Kwaai Jazz is gaining popularity.
The Dance Factory in Johannesburg provides a permanent platform for all kinds of dance and movement groups, while the Wits (University) Theatre is home to the annual Dance Umbrella, a showcase for new work.
The Cape Town City Ballet is the oldest ballet company in the country.
Art galleries in South Africa's major cities (such as the Durban Art Gallery in KwaZulu-Natal; the Johannesburg Art Gallery in Gauteng; the South African National Gallery in Cape Town; and the Nelson Mandela Metropolitan Art Museum in Port Elizabeth in the Eastern Cape) display collections of indigenous, historical and contemporary work.
South Africa has a rich history of literary output that has been well received locally and internationally. Fiction is written in all of South Africa's 11 official languages - with a large body of work in Afrikaans, in particular.
The new pop culture in poetry, often referred to as "spoken- word poetry", is one of the most celebrated art forms throughout the country and beyond. Poets such as Lesego Rampolokeng, Lebogang Mashile, Kgafela oa Magogodi, Blaq Pearl, Jessica Mbangeni and Mark Manaka are household names in the genre. There are regular platforms created to give these poets opportunities to hone their skills.
The Department of Arts and Culture has launched the Indigenous Literature Publishing Project, aimed at producing a series of publications in different languages, by writers from different backgrounds across South Africa. This project aims to stimulate the growth and development of literature in indigenous languages and generate new readerships. In 2008/09, 24 titles of African classics were reprinted.
In August 2009, District 9, a space alien movie shot and set in Johannesburg with a cast of "unknowns", opened as Hollywood's number one film in the United States of America, grossing more at the box office in its first weekend than it cost to make. The film was directed and co-written by South African Neill Blomkamp. It was nominated for four Academy Awards in February 2010.
The goal is for the Cape Town Film Studios to become the film-making gateway between Africa and the international world.
In September 2009, JM Coetzee was nominated for the prestigious Booker Prize for Fiction for his work Summertime. Coetzee won the prize previously for Lifes and Times of Michael K and Disgrace.
The national anthem is a combined version of Nkosi Sikelel' iAfrika (God bless Africa) and The Call of South Africa (Die Stem).
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Page 4 10 toilets at Ngoato A.
Construction of 24 classrooms, 1 Admin block, 1 laboratory, 1 library, 18 Toilets, Fencing, installation of Electricity, water and Rails & Ramps at New Secondary School (Witbank 2-KwaGuqa Ext.
Mr S.H.
Mr F.A.
Verstrek jou kind se ouderdom en sy geskiedenis van immunisering aan die verpleegster.
Foreign visitors to South Africa increased by 5,1% to 8,6 million in the 11 months to November 2008.
Tourists must have return or onward tickets.
Foreign tourists may have their value-added tax refunded upon departure.
For safety, emergency and other information, tourists can phone 083 123 2345 (24 hours a day) when they are in South Africa.
The wine routes outside Cape Town offer the chance to taste first-class wines in arguably the most beautiful winelands in the world. Superb accommodation is available in historic towns such as Paarl, Stellenbosch and Franschhoek, as well as on many estates and farms.
Knysna, nestling on an estuary, is one of South Africa's favourite destinations, famous for its indigenous forests, lakes and beaches.
The Augrabies Falls National Park, with its magnificent falls pressing through a narrow rock ravine, remains the main attraction of the Northern Cape. Game drives reveal a variety of birdlife and animals such as klipspringer, steenbok, wild cats and otters.
The Orange River Wine Cellars Coop in Upington offers wine-tastings and cellar tours. The South African Dried Fruit Cooperative is the second-largest in the world.
The 100-m high, 9-km long and 2-km wide white sand dune at the Witsand Nature Reserve near Postmasburg should not be missed.
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A major focus of the International Day of Disabled Persons (IDDP) is awareness raising through practical action in order to sensitize citizens about international norms and standards that guide processes which aim to improve the quality of life of persons with disabilities. Such standards should assist nations in facilitating the participation of persons with disabilities in the social, economic, cultural and political life.
Promoting the Western Cape as a caring Province.
Raise Awareness of the W.
Provide information to the public on disability as well as the rights of disabled persons.
Read more about what the International Day of the Disabled is about and how people can observe this day.
Tel: 021 483 5878 mahendri@pgwc.gov.
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Mr L.
Ms B.
CIDB grading 8 or higher.
Mr P.
A compulsory briefing will take place at 11h00 on 25 May 2006 at Riverside Government Complex, Building No.
CIDB grading 5 or higher.
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URL: http://www.info.gov.za/speeches/2004/04112510451001.
URL: http://www.info.gov.za/speeches/2004/04112409151005.
URL: http://www.info.gov.za/speeches/2004/04111614151002.
URL: http://www.info.gov.za/speeches/2004/04031210461002.
URL: http://www.info.gov.za/speeches/2004/04022515461003.
URL: http://www.info.gov.za/speeches/2004/04021215461002.
URL: http://www.info.gov.za/speeches/2004/04020416461004.
URL: http://www.info.gov.za/speeches/2004/04010513461001.
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Compulsory site meeting will be held on the 25 May 2006, 10h00 in front of Building No.
Tenderers should have a CIDB contractor grading designation of 8 or higher. Potential emerging enterprises with a contractor grading of (7 PE) may also tender.
Tenderers must be registered with the Construction Industry Development Board (CIDB) in a Civil Engineering Class of Construction Works.
Upgrading of approximately 11.
Tenderers should have a CIDB contractor grading designation of 7 or higher.
Tenderers should have a CIDB contractor grading of 7 of higher. For potentially emerging enterprises (6 PE) who satisfy criteria stated in the Tender Data may submit tender offers.
Tenderers should have a CIDB contractor grading designation of 5 or higher. Potential emerging enterprises with a contractor grading of (4 PE) may also tender.
Tenders must be registered with the Construction Industry Development Board (CIDB) in a Civil Engineering Class of Construction Works.
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Comrade President, I agree with you, that we must prepare our people for War Against Poverty. Yes Comrade President, our people have political freedom, however, that political freedom without economic control is hollow. It has been the ANC that cared and it is only the ANC that cares.
The Sectoral Determination for Domestic Workers covered all domestic workers including housekeepers, gardeners, nannies and domestic drivers. While applauding domestic employers for ensuring that their workers enjoyed social protection, the Minister conceded that there were still challenges around payment of contribution to the UIF.
URL: http://www.info.gov.za/speeches/2008/08041510151005.
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It is an honour that I have been given the opportunity to address this occasion today where we celebrate the achievements of collaborative government.
I will take today's occasion to give you not a history lesson, but to give you a perspective that will illustrate how far we have come but also where we are going. This will hopefully indicate to you what role, however minor, the Department of Public Works has played in attempts to deal with the twin challenges of poverty alleviation and the creation of jobs.
Since have since 1994 constructed over 4000 facilities in seven of the nine provinces and created 163000 job opportunities in the process. These ranged from access roads, taxi ranks, classrooms, community halls and production facilities among others, structures by means of which we aimed at alleviation poverty among our people. Apart from Gauteng and Western Cape all the provinces benefited from the CBPWP, including the Free State, where we are today.
In 2004, government decided that the CBPWP had played its role, but that its impact and reach had to be extended if it was to have greater and long term effect in the fight against poverty and job creation. The expansion process, which necessitated the inclusion of the environment, social and economic sectors in addition to the infrastructure sector has seen the best practice of the CBPWP being incorporated into the EPWP.
It has been more than a year since President Thabo Mbeki launched the EPWP in Limpopo on May 18 2004. Since then, the EPWP has released the first year's report on its operations, including the challenges such as those of coordination that it faced at the beginning, and the job opportunities created.
Over the past year, we have defined the role of the DPW as that of monitoring the implementation of the EPWP. In this regard we have collected reports from the other sector coordinating departments and produced combined progress reports.
DPW has also been responsible for coordinating the infrastructure sector and supporting the provinces and municipalities with the implementation of the EPWP. The role of DPW has in addition been to generally create an enabling environment for the EPWP. Together with the Business Trust we established the EPWP Support Programme, providing strategic support to the coordinating departments as well as hands on support to a selected provinces and municipalities.
We are pleased that as a result of this intervention and coordination, we have started the Vuk'uphile learnership programme which we take part in together with the Construction SETA. It aims to build capacity among local emerging contractors to participate effectively in the EPWP. To date more than 39 public bodies are participating in this programme.
As a result of this tight co-ordination, monitoring and evaluation, we are now happy that we have created more than 220 000 gross job opportunities. In the first quarter of 2005, we created more than 60 000 jobs. The number of net work opportunities created is estimated by subtracting the number of work opportunities that would have been created if projects had been executed in a machine-intensive manner from the total number of work opportunities reported. This estimate is only done on infrastructure projects. These figures also exclude contributions from the municipalities as no detailed report (i.e. including project-level details) on the municipal projects has been received yet.
Because of these positive spin offs, Cabinet decided last July that the EPWP needed to be up scaled in other words its scale be increased, in order to intensify its positive economic impact.
Last week, Deputy President Phumzile Mlambo Ngcuka announced that an additional R4.5 billion would be allocated to the EPWP for the purposes of scaling it up. Just because of this increase, we will be able to put about 63 000 more people maintaining roads and about 100 000 additional people in jobs averaging six months in roads building. In addition, 1000 more small black contractors will be developed. These jobs are in addition to the 220000 we created in the first year of operation and 60 000 in the first quarter of the first year.
In the economic sector of the programme DPW and DTI are currently working closely with 9 different SETA's to implement learnerships that will support small businesses which supply goods and services to government The first quarter sector break-down of the number of work opportunities show that most work opportunities were created in the Infrastructure Sector. This is why we have concentrated on this sector for a start, as it carries the greatest potential for growth.
We have however also identified the following areas as being necessary for the successful implementation of this phase of the EPWP. As you are well aware, the EPWP is a transversal programme, involving a number of departments across sector and spheres. If these binding constraints, among others, are dealt with, I believe that we would be well on our way towards achieving the goals we have set ourselves in the EPWP, as a small part of the overall AsgiSa.
Inclusion of Environment and Culture Sector programmes in the Metros and Municipalities.
Few accredited service providers in environment and culture sector.
Distribution across provinces of such providers.
Availability of courses required by the sector.
If we unlocked the above challenges in the EPWP, I am sure we will play an even better role than we have been playing to date. This will lead to a qualitative contribution to AsgiSa whose aims are not different from that of CBPWP and the EPWP.
AsgiSa aims to halve unemployment and poverty by 2014. It builds on micro-economic reforms and agreements reached at Growth and Development Summit and takes advantage of a stable macro-economic environment and an economy that has been growing at 4% plus in the past two years.
It seeks to bridge the gap between the First and Second Economy. This is because we have determined over the past decade that those who live in the Second Economy are not in themselves able to move en masse into the first economy. In other words, there are structural constraints standing in the way of the natural growth of the First Economy. Put another way, we would wait forever if we did not intervene to aid those in the Second Economy economically.
The Deputy President has indicated that the high business confidence offers an opportunity to create a healthy and a growing private sector in the First Economy, which can address the challenges of the Second Economy. Government has said that the public infrastructure and private investment programmes, require skills - including professional skills such as engineers and scientists, managers and financial personnel, project managers; and skilled technical employees such as information technology (IT) specialists and artisans.
AsgiSA says that one of the key measures to address the skills challenge in the educational sphere will be to focus on quality education, and adult basic education and training among others including artesenal skills. A new institution will be established in March called the Joint Initiative for Priority Skills Acquisition (JIPSA). It will be led by a committee of Ministers, business leaders, trade unionists and education and training providers or experts. These, Ladies and Gentlemen, are some of the issues which make it difficult for optimism to prevail.
In conclusion the next battle in the country will be over how to grow the First Economy at a rapid rate while at the same time increasing the impact in the Second Economy. That will call on a skills development and acquisition drive never seen since the discovery of diamonds and gold called for special mining skills. This is the grease that will oil the engine that is South Africa, and safeguard this democratic order in time to come.
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This week sees the release of a number of statistical collections covering sales, which are used to monitor the state of the economy, compile estimates of gross domestic product and its components, and formulate economic policy.
This regular monthly release of data includes wholesale, motor and retail trade sales, and mining and manufacturing production and sales.
May figures for retail trade were released yesterday. They include the resale (sale without transformation) of new and used goods and products to the general public.
A retailer is defined as an enterprise deriving more than 50 percent of its turnover from sales of goods to the general public for household use.
According to the data released yesterday, retail trade sales increased in real terms. At constant (2000) prices for the three months to May, sales increased by 6.9 percent compared with the three months to May 2004.
Retail trade sales at constant prices for January to May increased by 6 percent compared with January to May last year. Retail trade sales at constant prices for May increased 4.8 percent from May 2004.
In terms of the trend cycle for retail trade sales, there was a slight downward trend from January 1998 until mid-2000, followed by an upward trend until the end of last year. A slight decline is reflected this year to date.
How accurate and reliable are these data The answer to this lies in the methodology that underlies the survey. As communicated previously, a steady way of improving the quality of economic statistics is the use of administrative registers?
The monthly survey of the retail trade industry is based on a sample drawn from the Business Sampling Frame that contains businesses registered for VAT and income tax.
Retailers in hardware, paint and glass; and All other retailers, including repair of personal and household goods. Each month, questionnaires are sent to a sample of about 2 500 enterprises from a population of about 46 000 enterprises. Completed questionnaires must be returned to Statistics SA within 10 days after the end of the reference month.
The value of sales is obtained monthly from the sample.
The retail industry is divided into four size groups. All large and medium enterprises (size groups one and two) are completely enumerated. Simple random sampling is applied to size groups three and four (small and very small enterprises).
The total value of sales of size groups one and two is added to the weighted totals of size groups three and four to reflect the total value of sales.
Data gathered from any survey can be subject to both sampling and non-sampling errors. Any information based on a survey is subject to sampling variability: it may differ from the figures that would have been produced if the data had been obtained from all enterprises in the retail industry in South Africa.
The methodologies that underlie the gathering of data on retail trade sales are in line with best statistical practices internationally. The data are also released in conformity with the International Monetary Fund's Special Data Dissemination Standard.
These are important safeguards of data quality, for retail trade sales data, together with other sales data usually released in the same week (wholesale, motor vehicles, mining and manufacturing) provide a vital element in economic monitoring, planning and measuring.
Pali Lehohla is South Africa's statistician-general and head of Statistics South Africa. For more information on Stats SA and its statistical outputs, visit www.statssa.gov.za, or contact user services on (012) 310-8600.
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We had very successful talks between Deputy Minister of Foreign Affairs from Iraq and South Africa. This is the first governmental visit to South Africa of the new regime in Iraq. We discussed possibilities and areas where South Africa can be a friendly and trusted partner with Iraq and mainly in the process of reconstruction.
URL: http://www.info.gov.za/speeches/2009/09041509151002.
Tokyo: South African Deputy Minister Fatima Hajaig on Thursday, 29 January 2009, concluded her four day official visit to Japan during which she consolidated bilateral political, economic and trade relations between Japan and South Africa.
URL: http://www.info.gov.za/speeches/2009/09013011451002.
Along with all in the ANC, and consistent with the recent Resolutions adopted at our Polokwane Conference in December 2007, I have long been cognisant of the immense suffering that the Palestinians have experienced in the form of expulsions, collective punishment, and massacres (of which the recent war in Gaza is but the latest example).
Pretoria: A Boeing 747 carrying humanitarian aid contributed by the South African public and co-ordinated by the Department of Foreign Affairs, the Gift of the Givers Organisation, the South African Council of Churches, the Southern African Catholic Bishops' Conference and Congress of South African Trade Unions (Cosatu) earlier today, Friday, 23 January 2009, arrived in Egypt en-route to Gaza.
URL: http://www.info.gov.za/speeches/2009/09012611451001.
South African Deputy Foreign Minister Fatima Hajaig will on Thursday, 4 December 2008, as chair of Southern African Development Community (SADC), present a keynote address at the opening session of the SADC regional stakeholders conference being hosted by the New Partnership for Africa's Development (Nepad) Secretariat.
Deputy Foreign Minister Fatima Hajaig will today Tuesday 2 December 2008 deliver, on behalf of South African President Kgalema Motlanthe, the statement from the South African government to the people of Palestine on the occasion of the United Nations International Day of Solidarity with the Palestinian People.
Deputy Minister of Foreign Affairs, Fatima Hajaig will brief media on South Africa's efforts on the latest situation in the Middle East. Members of the media are invited to attend a media briefing by Deputy Minister Fatima Hajaig on the situation in the Middle East.
F Hajaig to co-chair South Africa Japan Partnership Forum, 26 to 27 Ja?
URL: http://www.info.gov.za/speeches/2009/09012315451001.
Secondly, the presentation will focus on the role of member states in the implementation of Nepad followed by an explanation of South Africa's national approach to Nepad implementation. A next stage in our implementation of Nepad in South Africa will be the development of a national Nepad project and activities database, as well as supporting the SADC and Nepad Secretariats in developing project databases.
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In 2000, we visited Limpopo to turn the sod and lay a foundation brick for the construction of the Kutama-Sinthumule Maximum Security Prison at Makhado. Two years later and after a total investment of more than R500 million, we returned to the province at the invitation of the client department, Correctional Services, to officially open the precinct. This means that we are no strangers to the people of the province instead we have become partners in public service delivery and development.
In the past ten years up to April 2004, the National Department of Public Works has planned and implemented more than seven thousand and six hundred (7600) construction projects worth approximately R10 billion on behalf other national government departments.
This is a fitting tribute to the contribution made by this Department to the social and economic transformation of South Africa in the last ten years of freedom and democracy.
As its core function, the National Department of Public Works acquires, maintains and manages fixed properties of the state, on behalf of the state and its departments. This includes structures such as magistrate courts, police stations, prisons and military bases. In fact, the SAPS, Correctional Services, Justice and Defence constitute our top four clients and between the four of them, account for more than 82% of the seven thousand and six hundred projects we mentioned above. In the same period, the Department implemented almost eleven hundred projects (1085) on behalf of the Department of Justice and Constitutional Development.
Government has prioritised public service delivery. And in support of that, the National Department of Public Works uses its core competency of infrastructure development to acquire essential public buildings to facilitate service delivery and alleviate poverty. Whereas prior to 1994 public infrastructure such as police stations, prisons and courts were nothing but symbols of repression to suppress those holding different ideologies, since 1994 the current government has transformed these institutions into beacons of law and order, safety and security, justice and governance, to protect the rights of the law abiding citizens.
In the same vein, government has taken a conscious decision to establish many of these centres closer to the communities they serve to give the people unhindered access to essential services at a lesser cost to them.
The construction and subsequent opening of the thirty million rand (R30 million) magistrate courts at Khayelitsha near Cape Town and the thirty nine million rand (R39 million) at Tembisa outside Kempton Park in Gauteng, are indicative of the government's resolve to increase fixed capital investment in these formerly neglected areas meanwhile alleviating poverty by eliminating geographical distance between the people and the centres of government. This is also in support of government work ethic as encapsulated in the Batho Pele principles which emphasize the right of access to those services and goods critical to the development and empowerment of the previously neglected communities. The construction of the Multi Purpose Community Centres by Public Works on behalf of Government Communication and Information Service (GCIS) in many rural areas as well as the establishment of the Multi Sectoral Community Safety Centres in most provinces should be viewed against this effort to bring essential services to the people.
In addition to the Tembisa Magistrate Court, the National Department of Public Works in 2004 handed over the one hundred and nine million rand (R109 million) Port Elizabeth Magistrate Court to Justice following its upgrading and renovations. Not far from the same project, the Department of Public Works participated in the sod turning ceremony for the construction of a Magistrate Court and a Police Station complex at a total cost of nearly forty million rand (R38, 9 million) at Motherwell.
Today we meet to break the ground here at the site of the Old Magistrate building in Polokwane as a sign of a commitment to build the R8, 8 million High Court on behalf of our client, the Department of Justice and Constitutional Development.
The High Court, I am informed, is currently located further north, at Thohoyandou and that the Justice Department has taken a decision to establish it in Polokwane, initially as a permanent circuit court but with a potential to evolve into a Local Division court and eventually to a Provincial Division.
The project to establish the High Court in Polokwane has been long in the planning before it was transferred to the Polokwane Regional Office of the National Department of Public Works in January 2004 following the devolution of functions from Head Office to the Regional Offices in October 2003. The project constitutes the upgrading and refurbishment of the two wings of the Old Magistrate Office. These wings were built in 1994 and 1998, respectively and are currently vacant. Their upgrading must be, and will be, consistent with the specifications as laid down by the client i.e. Department of Justice.
Upon completion, the High Court will consist of 5 Judges' Chambers (2 criminal and 3 civil), 5 court rooms (again 2 criminal and 3 civil), registrar's unit, public prosecuting unit and supporting personnel space. The project is already awarded to the winning bidder and the anticipated completion date is January 2006.
In terms of social and/or economic spin-offs, it is believed that the construction and existence of the new court will see a reduction in the backlog of criminal cases, while at the same time enabling accessibility to in-service training for law students recruited around institutions of higher learning in the Province. Some employment opportunities will also be created although not of a massive type. Massive job creation is the responsibility of the Expanded Public Works Programme (EPWP) which seeks to create at least one million temporary job opportunities and concomitant skills development in the next four years.
The EPWP was launched on 18 May 2004 by President Thabo Mbeki at Giyani in Limpopo and is being coordinated by my Department, the National Department of Public Works. By end of September 2004, the EPWP had created close to 80 000 jobs (76 000) and is in line to surpass a first year target of 130 000 jobs by 31 March 2005.
The preparations for the hosting of the Soccer World Cup in 2010 will, among others, require a public service that is able in order to fully expend infrastructure capital budgets, as well as a competent construction industry to deliver quality products on schedule, on specification and within budgets.
As a Department charged with the transformation of the construction industry in South Africa, we have every faith in the men and women of construction to rise above any challenges and assist the government to meet its millennium goals among others, the realization of NEPAD objectives including infrastructure development. After all it is the same industry that contributed memorable hallmarks to our civilization such as the Great Pyramids of Egypt, the Great Wall of China, the shrines of the Incas in Central America and the Great Buildings of Mueno Mutapa of Zimbabwe.
The launch of the Construction Industry Transformation Charter later this year will bring nearer the vision of government as encapsulated in the 1996 White Paper on creating an enabling environment for the growth, development and transformation of this industry. Without doubt, the construction industry is a national asset and should be regarded as such particularly considering that infrastructure backlog among others is what sets apart the developed countries from those still developing.
We wish the project a speedy completion without compromising on quality. We know that it will bring immense benefits to the people of the area and the surroundings.
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Yesterday Statistics SA held the second of nine user workshops scheduled for May. In the same month, StatsOnline, the two-way communication tool that allows users to access data via Stats SA's website, celebrated its second year of operation.
These two seemingly unrelated events are linked by their relationship to one of Stats SA's central responsibilities: the promotion of statistical literacy.
Over the past few years, use of statistical data by legislators, administrators, planners, policy makers and researchers - both in and out of government - has increased considerably, with official statistics often being placed at the centre of controversy and debate.
This latest round of workshops for regular users of statistical data takes place under the overall theme of promoting statistical literacy. One workshop will be held in each of South Africa's provinces, where senior statisticians and methodologists will present the main areas of Stats SA's work.
At the Gauteng workshop, which was held yesterday, users were provided with an in-depth examination of local government statistics, small and large economic sample surveys, consumer and producer price indices, and the compilation of national accounts (including gross domestic product).
Presenters also explained how planning for the 2011 population census was being undertaken, what was happening in the collection of labour market statistics through the labour force survey, and how data on poverty were being compiled and consolidated.
In terms of overall data governance and improvement of data quality, users were introduced to the South African Statistical Quality Assessment Framework and the National Statistics System and its functions.
However, introducing users to the range of Stats SA's activities must be accompanied by information on how to access data and information. StatsOnline is at the centre of this, with the website being the main tool for data dissemination.
This service has grown rapidly over its two years of existence: when StatsOnline was launched two years back, the website was recording 60 000 visits a month. Two years later, visits average 166 000 a month, with almost 95 000 publications downloaded from the site each month.
The free StatsOnline weekly newsletter, which provides key findings from the latest statistical publications, the forthcoming week's scheduled publications and other statistical news, has more than 8 000 subscribers.
More than 14 000 users are registered for Web access to time-series data, which reflects selected economic and social statistics over specified time spans. These series are provided in three different formats, including PX Web, which enables users to select the time series and variables required on screen.
StatsOnline is more than a channel for data dissemination: it is a two-way communication tool.
Visitors can search for the statistical publication that contains the information required by entering a keyword or selecting a category from a list, and then download the relevant publication. They can access the large selection of data collected from Census 2001 and Census 1996.
This includes electronic data, publications, maps, metadata and general information.
Users of statistics can browse the key indicators provided, which have a quick overview of the most recent statistics released, and include links to more detailed publications. At a glance they can determine the number of unemployed people in South Africa or the latest number of officially recorded marriages.
Visitors to the website can access more than 3 400 statistical publications, and choose from 26 different categories of information when browsing for statistical publications.
The publishing output of Stats SA has always been considerable although questions were in the past raised over how useful some of the statistical series were.
Statistics on StatsOnline services provided some interesting answers to these questions.
During the course of 2005, for example, Stats SA released more than 270 separate publications, more than one publication every working day of the year. StatsOnline attracted more than 3 800 visitors a day and almost 500 000 publications were downloaded from the website.
These are the indicators of a growing statistical literacy in society, and the increasing centrality of statistical data in evidence-based decision making, and the monitoring of social and economic development.
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This week Statistics SA released the results of two surveys that measure important levels and trends in the economy and provide key inputs in the calculation of gross domestic product (GDP).
The monthly mining production and sales survey covers all mining establishments operating in the economy.
The results of this survey are used to calculate physical volume of mining production indices in order to estimate GDP and its components.
Results of the monthly manufacturing production and sales survey, also released this week, are used to calculate indices of the physical volume of manufacturing production.
These provide an indicator of the real level of manufacturing activity. They are used in monitoring the state of the economy and formulation of policy, and also provide important inputs to the estimation of the GDP.
According to the mining survey, total mining production for the third quarter of 2004, after seasonal adjustment, increased by 4.3 percent compared with the second quarter of 2004.
This increase was because of a seasonally adjusted increase of 5.7 percent in the production of non-gold minerals. But the rise was slightly counteracted by a seasonally adjusted decrease of 1.6 percent in production of gold.
The 5.7 percent rise was mainly because of an increase in the production of platinum group metals (up 2.1 percentage points), diamonds (up 1.3 percentage points), other non-metals (up 0.8 of a percentage point) and other metals (up 0.2 of a percentage point).
The seasonally adjusted value of mineral sales at current prices for the three months to August reflected a decrease of 2 percent compared with the previous three months.
But the actual value of mineral sales at current prices for the three months to August rose by 3.6 percent compared with the three months to August 2003.
The 2 percent fall can be attributed to a decrease of 9.8 percent, or R762.1 million, in sales of gold. But this decrease was counteracted by an increase of 0.6 percent, or R144.2 million, in sales of non-gold minerals.
Seasonal adjustment is a means of removing the estimated effects of normal seasonal variation so that the other influences can be more clearly recognised.
The seasonal adjustment does not aim to remove irregular or non-seasonal influences which may be present in any particular month.
The value of sales of manufactured products is obtained monthly from the sample of just over 3 000 enterprises, drawn from a population of about 31 000 manufacturing enterprises.
Each manufacturing division is divided into four size groups. All large enterprises (size group one), which comprise about one-third of the enterprises in the current sample, are completely enumerated.
Simple random sampling is applied for size group two (medium-sized enterprises), and for size groups three and four (small enterprises).
The total value of sales of manufactured products of large enterprises in a division is added to the weighted totals of size groups two, three and four of that division to reflect the total value of sales of the division.
The results of the latest manufacturing survey show that production for the third quarter increased by 2.7 percent, after seasonal adjustment, compared with the second quarter of the year. Higher production was reported by nine of the 10 manufacturing divisions.
The major contributor to the increase was the food and beverage division (contributing 1 percentage point to total manufacturing production), followed by the motor vehicles, parts and accessories and other transport equipment division (contributing 0.8 of a percentage point).
The total value of sales of manufactured products at current prices for the third quarter of 2004 increased by 2.8 percent (R5.412 billion), after seasonal adjustment, compared with the second quarter of 2004.
High-profile indicators measuring, for example, consumer and producer inflation, invariably attract considerable attention.
But the results of surveys measuring production and sales in the various economic sectors are important indicators of economic trends, and influence the calculation of GDP.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, including production and sales for mining and manufacturing.
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Speech delivered by Deputy Minister of Public Works Mr. Ntopile Kganyago MP, during the official opening of the Umthatha Regional Office. Date: Friday 11 November 2005 Venue: Umthatha Regional Office(DPW) Time: 13h20
The Programme Director MEC for Public Works in the Eastern Cape Province Mr. Christian Martins Acting Director General and Chief Operations Officer Dr. Sean Phillips Members of the Top Management Committee Regional Manager Ms Fezeka Mafongosi Colleagues
We meet today barely a day after we launched the Tshwane Inner City Programme under the slogan "Re Kgabisa Tshwane", yesterday.
The launch was a culmination of many years of planning which involved the Department of Public Works, the Department of Public Service and Administration together with the City of Tshwane Metropolitan Municipality.
The Tshwane Inner City Project is therefore a clear demonstration of the value of working in cooperation between the three spheres of government towards service delivery.
We told the media and various stakeholders that the "Re Kgabisa Tshwane" project will have numerous benefits to the public and private sectors. It will afford civil servants a more pleasant working environment, which will allow them to be more effective in the delivery of services to the public.
We also said that members of the public would then benefit from a more productive, accessible and improved public service. It is also a matter of common cause internationally that infrastructure investment by government leads to the improvement of urban management systems and is part of enhancing the area's image and reputation.
Our coming here is partly to remind ourselves of how important these series of activities are to the stimulation of economies of Cities such as Umthatha and Tshwane, and how they create opportunities for Black Economic Empowerment companies, Small Medium and Micro Enterprises and the private sector in general. This is the background against which we launch this regional office of the Department of Public Works.
It is important to indicate why we are re-launching this office today. You will remember that it was first officially opened in 2000 by Minister Stella Sigcau as a subbranch of the Port Elizabeth Office.
By May last year there were only 33 members of staff stationed here. Today, we are happy to announce that by April 2005 there was at least 160 staff members stationed here. This followed a declaration by the Director General Mr. James Maseko that this office must begin to offer a full service.
This declaration was informed by our understanding of the distances involved in accessing services in a province like the Eastern Cape, which is barely smaller than the countries of Hungary and Austria put together! In those countries no person would be expected to travel a distance from Umzimkhulu to Port Elizabeth in order to access a full government service. Yet this is what we expected our people to do!
As we re-launch this office we do so mindful of our obligation to provide a working environment for our civil servants that is conducive to productivity. We do so because we are aware of the link between a happy and fulfilled public servant on one hand, and the increase in levels of productivity. This is the basis of the government philosophy Batho Pele (People First), the service delivery initiative which places at its centre each and every one of our people.
MEC Martins, we are glad to say that we are also informed by what the Premier of the Eastern Cape Ms Nosimo Balindlela said in her State of the Province address in February 2005.
In that address the Premier said that infrastructure investment would be a key area of focus for the Eastern Cape. We have no doubt that this building has begun to bridge our collective asset poverty as identified by the African Union and Nepad as a key impediment to ridding our people of overall deprivation.
Nationally this is part of our Strategic Plan which among other things is to ensure a built environment which meets our country's financial, technical and social requirements by providing adequate accommodation in which those can be met.
We are challenged to effectively carry out our custodial responsibilities to ensure that national government's immovable assets are well managed. Secondly, we are constantly challenged to improve the standard of our service delivery.
To conclude, this office is now available to you and the communities of the people of this province of the Eastern Cape.
We have no doubt that this office will bring more value in particular to the people of the OR Tambo District Municipality where it is situated. It will no doubt become a catalyst for further economic development of this region.
So we say today to you the people of the Eastern Cape in particular of King Sabata Dalindyebo, Mbizana, Mhlontlo, Ntabankulu, Nyandeni, Port St. Johns and Qawukeni, This is your office!
Let Us, Together look after it!
Let Us Together, Own It!
Let Us Together, Use it, to build a South Africa that truly belongs to all!
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Later today, the SA Reserve Bank's Monetary Policy Committee (MPC) will announce its decision on the rate at which the bank lends money to the commercial banking sector - the repo rate.
When the MPC meets, it has a large amount of data which can be used to assess the relationship between monetary policy and fiscal policy.
The MPC will know that in August, the year-on-year increase of headline inflation was 6.7 percent; consumer price inflation less mortgage costs (CPIX) was 6.3 percent; the producer price index (PPI) was 9.4 percent; economic growth for the second quarter, measured through gross domestic product, was 4.5 percent; and the official unemployment rate was 25.5 percent.
Of course, any policy-making body basing its decision on evidence will also consider trends and details, not just single figures.
For example, the headline inflation rate (year-on-year) was 0.3 percentage points lower than the 7 percent recorded in July.
The year-on-year increase in the CPIX for August was 0.2 percentage points lower than the 6.5 percent year-on-year increase recorded in July 2007.
The lower rate at August 2007 reflects decreases in the annual rates of change for non-alcoholic beverages - down to 3.6 percent in August 2007 from 4.5 percent in July 2007 - and the consumer price index's (CPI) annual rate for transport, which decreased to 1.4 percent in August from 4.2 percent in July.
At the same time, there were increases in the annual rates of change for food, which increased to 11.1 percent from 10.2 percent; milk, cheese and eggs, which increased to 16.5 percent from 14.1 percent; fats and oils, which increased to 17.4 percent from 15.5 percent; vegetables, which increased to 14.1 percent from 9.5 percent; and communication, which increased to 1.9 percent from 0.3 percent.
The main contributors to the annual increase of 6.7 percent in the CPI in August were food (2.4 percentage points), housing (2 percentage points), medical care and health expenses (0.5 percentage points), household operation (0.4 percentage points), education (0.4 percentage points) and fuel and power (0.3 percentage points).
As far as the PPI is concerned, the annual percentage change of 9.4 percent in August was 0.9 percent of a percentage point lower than the corresponding annual rate in July, when it was 10.3 percent. This lower annual rate in August reflected decreases in the annual rates of change in the PPI for a range of products, including electrical machinery and apparatus, metal products, products of petroleum and coal, and electricity.
In August, the annual percentage change in the PPI for locally produced commodities for consumption in South Africa was lower at 9.3 percent, while the rate of change in the PPI for imported commodities was higher at 9.7 percent.
Retail trade sales are an important indication of the demand for credit, the extension of which is generally viewed as inflationary.
The latest data on retail trade sales for the three months up to July, showed an increase of 6.8 percent compared with the three months up to July 2006.
Similarly, retail trade sales for the first seven months of 2007 increased by 8 percent compared with the first seven months of 2006. This is lower than the 9.5 percent growth for the first seven months of 2006 compared with the corresponding seven months of 2005.
Members of the MPC might wonder what has happened in respect of liquidations and insolvencies, which are themselves indicators of the demand for credit.
The number of liquidations recorded for the eight months ended August, decreased by 1.6 percent when compared with the eight months ended August 2006.
However, liquidations recorded for August increased by 16.2 percent when compared with August 2006.
Insolvencies recorded for the seven months ended July decreased by 21 percent compared with the seven months ended July 2006. The number of insolvencies recorded for July also decreased - by 22.6 percent - when compared with July 2006.
Civil cases for debt might also be considered when reviewing monetary policy.
In this case, civil summonses issued for debt for the three months ended July, decreased by 3.8 percent compared with the three months ended July 2006. In addition, the total number of civil judgments recorded for debt for the three months ended July, decreased by 2.4 percent compared with the three months ended July 2006.
While the total numbers decreased, the value of civil judgments for debt for the three months ended July increased by 2.3 percent compared with the three months ended July 2006. But year-on-year (July 2007 compared to July 2006), the total value of civil judgments for debt decreased by 5.7 percent.
The MPC might also consider the latest data on wholesale and motor trade sales; electricity generated and available for consumption; and the latest data on the manufacturing sector, which was released yesterday.
It has access to a wealth of data. This contrasts starkly with the situation in many other parts of the world, where absence of reliable and relevant data bedevils the efforts of policy makers to monitor and measure socio-economic trends, and determine policy on the basis of reliable and relevant evidence.
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China's engagement with Africa, therefore, also sets the stage for its strategic partnership with South Africa.
URL: http://www.info.gov.za/speeches/2008/08082211451003.
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Labour Minister Membathisi Mdladlana has urged the nation to try hard to advance into a nation skilled enough to find its own solutions. In a keynote address of a graduation ceremony of 50 Fort Hare University Accounting undergraduate students in Johannesburg today, Thursday, Minister Mdladlana said the key to the nation's prosperity lay on more young people obtaining such skills as Accounting.
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HIV and AIDS Country Progress Report to the United Nations General Assembly Special Session (UNGAS) on HIV and AIDS. This report will be available on the government website as soon as it has been submitted to the United Nations (UNAIDS).
The Medical Schemes Amendment Bill, 2008, for tabling in parliament, for processing in the 2008 session. In addition to this bill, the tobacco Products Amendment Bill (section 76 Part) is already with Parliament for processing - therefore, we now have two bills currently before Parliament, for this year. It is still envisaged however, that we would have one or two more bills in the very near future, please watch the space.
The hosting by South Africa, of the AU Regional Workshop on Mortality Assessment scheduled for 14 to 18 April 2008. This workshop will focus on mortality assessment and data collection tools for the continent.
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His visit coincides with the second meeting of the South Africa-India Joint Commission, co-Chaired by Mr Aziz Pahad (Deputy Minister of Foreign Affairs) and Mr I. Gujral (Indian Minister of External Affairs), which will be held in New Delhi from 2-3 December 1996. Discussions in the Joint Commission will focus on bi-lateral co-operation in the political, defence, economic, trade, health, k cultural, scientific and technological fields. The first meeting of the Joint Commission was held in Pretoria in July 1995.
While in India, the Deputy President will pay a courtesy call on President Shankar Sharma and will hold talks with the Vice President, Prime Minister, Minister for External Affairs, Minister of Finance, Minister of Home Affairs, Leader of the Congress Party and the Leader of the Opposition.
He will also meet with various Indian business leaders in Mumbai and New Delhi. The Jawaharal Nerhu University will also confer an Honorary Doctorate of Letters on Deputy President Mbeki.
It is expected that the Deputy President will sign agreements on Cultural exchanges, Avoidance of Double Taxation, Promotion and Protection of Investment and a Memorandum of Understanding on Defence Co-operation.
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Mpumalanga Safety and Security, MEC Siphosezwe Masango urged the South African Police Service (SAPS) and other law-enforcement agencies to exercise utmost care when transporting or dealing with suspects.
Masango was responding to the incident where a suspect escaped from custody while the police were taking him from Nelspruit Correctional Facilities to the Komatipoort Periodical Court on Tuesday.
The suspect, Shadrack Ndzukula, was due to appear in court on three counts of murder, attempted murder and armed robbery which took place between 2007 and 2008.
Masango has complained that there has been numerous incidents of escapes even from correctional facilities in the province.
The MEC said the laxity on the part of some law enforcement agencies does not only endanger the lives of the police but innocent lives could also be lost.
He appealed to the police to ensure that the suspect is re-arrested as soon as possible as the nature of charges brought against him suggests that he poses serious danger to innocent law abiding citizens of our country.
"Such incidents have the potential to dent the good work of the police and also demoralize those brave officers who arrested him in the first place", said Masango.
"This also prompts the communities to complain that criminals are arrested and released without being prosecuted. We have heard similar complaints in many community meetings we have attended," complained the MEC.
Masango appealed to community members to assist the police to bring the suspect back to book so that all pending cases against him are finalized.
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082 809 1927 mdlamini@icd.gov.
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Mpumalanga Safety, Security and Liaison has come hard on the provincial security managers employed in all the provincial departments for not ensuring that security companies contracted by government were paid in time.
Shongwe held a special meeting with the officials today where he gave them a tongue lashing for not doing their job.
He said the non-payment of the security companies contracted by the provincial government impacted on the security guards because they could not receive their salaries in time.
He said security guards flocked into his office to report their employers who did not pay them their salaries. He said the security companies blamed it on government for the late payments.
Shongwe said he had information that some departments did not pay the security companies for up to six months.
"If you do not pay them, how are they going to pay their guards" he aske?
If you see the security guards protecting government properties, do you ask yourselves where do they get money for the living Let us be humane enough to understand that these people have needs, have families to feed?
"The next thing these people will do is to commit crime and be involved in crime. We can blame or not blame them, but it is unfair what we are doing to them," said MEC Shongwe.
He said he would propose to the provincial Cabinet that the budget for the security companies be centralised to his department as they were many challenges.
"Safety and security cannot be a 'by the way' thing, fighting crime and corruption is amongst the five government priorities, we must take it seriously by budgeting properly and paying the service providers in time," said MEC Shongwe.
He added that he was not happy with the security arrangement for accessing the Mpumalanga Provincial Government Complex in Nelspruit that it was not user-friendly to the people who voted government into power.
Visitors park their vehicles outside the complex and are issued with name tags with their faces and identification numbers. They however have to walk a few metres because accessing the provincial administration offices.
"I am not happy with this arrangement, whosoever proposed this decision is not different from an oppressor. We are politicians, we were put into these offices by the people, we cannot prevent them from entering into government's offices," he said.
Meanwhile the security managers suggested to the MEC that they principals should answer themselves as they usually cut the budget especially for security companies.
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She indicated that it is all systems go in terms of ensuring a safe and secure tournament in June and Chile should be assured that they would have a memorable stay in Mpumalanga especially in Nelspruit.
The security sector in the province is ready, you can be rest assured with security, as we are very much prepared. If anything happens really, it will be very minimal.
"We hope that even long after the World Cup had finished, Chile and Mpumalanga will have good relationship emanating from this event," said MEC Manana.
Chile preferred to have its base camp for the World Cup in one of White River's luxurious accommodation facilities, outside Nelspruit.
He explained that the Chilean Government believed that everything would be fine during the World Cup and will only send a civilian and a military police officer.
There is no concern of security threat in your country, not many police officers will be sent from Chile to accompany the national team.
"We are happy with the arrangements here, yesterday [Tuesday 11 May 2010] we visited the stadium, we are happy with the grass, our players will enjoy themselves," said Ambassador Marambio.
He added that Chileans soccer fans were not troublesome and are expected not to trouble the South African law enforcing agents.
It is not only about the World Cup, the tour is also about enjoying and exploring places like the Kruger National Park and other tourism destinations outside of Mpumalanga.
"We are only nervous about road accidents because they are not used to driving on the left, of course they will be scared, but they will learn. They will obviously feel like at home because people are kind and nice in your country," said Ambassador Marambio.
Over 10 000 World Cup tickets were sold in Chile and over 1 500 Chilean reside in Cape Town, he explained.
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URL: http://www.info.gov.za/speeches/2006/06081415451001.
The key pillars of the Gauteng safety strategy are: 1. improving the quality of policing 2. promoting social crime prevention across Gauteng 3. improving co-ordination of the criminal justice system 4. strengthening intergovernmental relations 5. enhancing the role of local government in crime prevention 6. establishing integrated information management systems (IIMS) 7. promoting a social movement against crime.
Madam Speaker, The North West Education Department is increasingly gaining a hold over its financial management. Madam Speaker, the Department successfully balanced the demand and supply of educators in schools. Honourable Madam Speaker, special schools and inclusive education received an allocation of R89, 626 million in 2005.
URL: http://www.info.gov.za/speeches/2006/06080715151002.
The Department of Safety and Liaison constitutes the main oversight structure in relation to police transformation, effective service delivery and performance, police conduct, accountability and relations with communities in the Northern Cape, deriving its mandate and functions from section 206 (3) of the Constitution of the Republic of South Africa.
URL: http://www.info.gov.za/speeches/2006/06070716451004.
Central to this, is the role that the Northern Cape Youth Commission must play to ensure that youth development find expression within the programmes and interventions of the various government departments and municipalities. In November 2005 the Youth Commission convened the Northern Cape Youth Convention, as part of the process for the development of the Northern Cape Integrated Youth Development Strategy.
URL: http://www.info.gov.za/speeches/2006/06062808151001.
The new Gauteng Business Barometer, which was launched this week as a joint initiative by Standard Bank and the small business publication, Gauteng Business, has provided detailed evidence of Gauteng's outstanding economic performance. The broad services sector contributes 69% to South Africa's Growth Domestic Product (GDP), with services being consumed by business, households and government.
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The officers were arrested and charged with corruption as they were caught while taking money from a motorist instead of enforcing the law. It is alleged that the three helped motorists who transported illegal goods to the country in exchange of money. The police set a trap in order to net the three officers.
Shongwe reiterated his call to traffic officials to enforce law on the roads so that road users become safe instead of wasting tax payers' money committing crime.
"We need officers with high levels of integrity in order to make an impact on the number of accidents on the road, and that can only happen if among others we root out corruption completely within the system," Shongwe explained.
He added that the department will continue to work with law enforcement agencies to root out corruption within the department and other state agencies.
The MEC has also called on the general public to stop corrupting officers by offering bribes because they will also face the full might of the law.
The three appeared in the Barberton Magistrate Court yesterday and were granted R2000 bail each.
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Ms N.
Compulsory site meeting will be held on the 27 June 2006, 10h00 in front of Building No.
Ms J.
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The City of Cape Town is a large urban area with a high population density, an intense movement of people, goods and services, extensive development and multiple business districts and industrial areas. It represents centres of economic activity with complex and diverse economies, a single area for which integrated development planning and strong interdependent social and economic linkages between its constituent units is desirable. The City of Cape Town includes the Cape Metropolitan Council, Blaauwberg, Cape Town CBD, Helderberg, Oostenberg, South Peninsula and Tygerberg.
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The last time I was in this kind of an event was when Captain Ronel Van Lingen won the overall prize for the Women Network Excellence Award held in Hazyview in October 2009 organized by Provincial SAPS. It is encouraging to note that the same spirit is now being cascaded to local police stations. We hope and believe that the rest of the police stations in the province shall follow this example.
Two days ago the United Nations passed a resolution to declare July 18 as the Mandela Day. This alone means a lot to the people of the world in general and to South Africans in particular. It is because of the leadership former President Mandela demonstrated before South Africa was democratized, during the transitional period after the democratic elections and thereafter. His leadership attributes were instilling such that emulating them became a matter of must.
The initiators of this noble idea, to have an International Mandela Day declared by the African Union and United Nations, should be applauded.
We are gathered here today to celebrate the attributes of leadership. These are the people within our service who have realized that to be of service to the nation means to go beyond the call of duty. I am convinced Programme Director that these officials are driven by the fact that what you do today impact to what happens in the future.
Preparing for a brighter future start with the little this we do now. Every step you take, every word you say and every decision you make contribute to the legacy you going to live on this earth the day you pass on. So if you make either a good and bad decision today, you must know that future generations will know about it. It is important therefore, that we sober up with all things we do.
Programme Director, those to be honoured today surely have demonstrated some leadership attributes. They have taken upon themselves the responsibility to ensure that as they perform their daily duties they at the same time inspire others. Leadership is not only by leading others but more about influencing others to lead. These are the people who without doubt are driven by the fact that you cannot conquer what you will not confront. They have confronted the limited resources available in the police service, maximize them and ensured that they achieve optimal results. They surely deserve to be honoured.
The public service including the police service has still a long way to go in terms of transformation. We all agree that transformation cannot be an event but a deliberate programme integrated to our normal working environment aimed at achieving the bigger whole.
Transformation in the police service should be informed by realizing the enormous responsibility the present generation has in determining the future outcomes. What we decide and do now will determine what kind of police service we will become.
I am inviting all of you to join the government endeavour to change our society for better. This is all our responsibility, it is our burden. Fortunately enough we have the private sector within our midst and their presence today demonstrate their willingness and assurance that they are part of us.
We are trying all we can as government to make the environment conducive for them to conduct their businesses, likewise we also expect them to plough back to the communities and to government's efforts to change our communities into safe environments for our people, black and white, women and children, the rich and poor.
I would like to challenge the house to go and read a book by Piet Human called YENZA. Chapter 2 is about The Strategy of the Goat. The strategy of the goat is to tether oneself to a lucrative eating place and then to consume as much as possible.
What the goat is eating is from the organization, actually it is the organization itself. Programme Director we have practical examples in the police service.
This year alone, drugs just decided to disappear at the Nelspruit Police Station, just recently money went missing at the Middelburg Police Station, we often loose cigarettes confisticated at our borders, dockets are lost in our police stations and cases are withdrawn in the courts because of inadequate evidence. The goat is out there to eat as much grass possible forgetting about the dangers that poses should heavy rains come and find areas without enough grass. The goat does not think of the consequences.
The same goes for our police officials involved in corrupt activities. They only think about enriching themselves, forgetting the damage corruption causes to the organizations and communities. I am convinced that should all of us read that chapter about the Strategy of the Goat, we will realize the importance of joining hands with government and uproot corruption. We do not have to deal with the symptoms but the causes.
We are gathered here today to demonstrate that the few goats within our midst cannot be allowed to dilute the whole component of the police service. We are here to demonstrate that we under the clarion call for an effective service to all our people. Our declaration is the one that seeks to say crime and corruption is our number enemy. And if we really want to eradicate crime and criminality, we will need to ensure that our house is clean too.
Those nominated and the eventual winners are an inspiration to all of us. They demonstrate that all is not lost in the fight against crime. They present of good mirror of our ownselves that we are driven by Ubuntu. We fully understand the reason for the existence of the police service, that our communities need to live in safe environments, that we are charged to claim back all our streets and corners. That we commit to declare crime and criminality unfashionable.
We derive our strengths from the fact that we know that the communities depend on us to provide leadership in the fight against crime; we remain encouraged by the demonstration shown by different stakeholders such as the business communities, non governmental organization and the public at large.
As we approach the festive season let remain vigilant and ensure that we provide services to our people during this time of many challenges. Let us roll out campaigns that will be able to galvanize the whole communities as we seek to ensure them a safe Christmas.
Programme Director, let me say these few words to all nominated. The fact that you were considered for a prize today, means that your contribution to the police station has gone unnoticed. Whether you end up losing or winning does not matter. What matters most is the fact that all of us now know and recognize your contribution. It matters that this contribution is seen to changing the environment under which we are living. Congratulations.
Fighting for crime is everybody's business. We are all invited to make a contribution to the eradication of crime within our communities. Together we can win this fight, together we will win the war.
<fn>GOV-ZA.12134En.2012-02-10.en.txt</fn>
The Cape Winelands District Municipality covers the Witzenberg, Drakenstein, Stellenbosch, Breede Valley, and Breede River / Winelands Local Municipalities.
District municipalities administer and make rules for a district, which includes more than one local municipality. The purpose of district municipalities and local municipalities sharing the responsibility for local government in their areas is to ensure that all communities, particularly disadvantaged communities, have equal access to resources and services. This will help some local municipalities who don't have the capacity (finances, facilities, staff or knowledge) to provide services to their communities. It will also help to cut the costs of running a municipality by sharing resources with others. The 'richer' areas will help the 'poorer' areas.
municipal public works.
<fn>GOV-ZA.121491En.2012-02-10.en.txt</fn>
The Western Cape Office of the Consumer Protector is mandated to act as a consumer protection agency within the province by virtue of the provisions of national and provincial legislation.
The mandate to perform consumer protection functions is derived from the Constitution of the Republic of South Africa. Schedule 4, Part A of the Constitution prescribes that the area of consumer protection is a functional area of concurrent national and provincial legislative competence. This entails that at provincial level provincial governments have the authority to legislate on the arena of consumer protection and also provide associated services within this arena.
The vision of the OCP is the provision of a consumer protection service that is acknowledged and regarded as a leader within the provincial and national government structure.
The OCP's essential strategy will be one of innovation and impact and will include implementing national policy where relevant and devising provincial policy which considers the needs of consumers and business equally.
Promotion of consumer rights awareness, by disclosure and access to information by consumers and recognition and support of the role of activist and confident consumers in promoting a competitive economy.
The Office of the Consumer Protector acts as a "prosecutor" on behalf of consumers in order to bring their complaints/cases before the Consumer Tribunal, which is a special court that hears consumer complaints.
<fn>GOV-ZA.12161En.2012-02-10.en.txt</fn>
The West Coast District Municipality covers the Matzikama, Cederberg, Bergrivier, Saldanha Bay and Swartland Local Municipalities.
<fn>GOV-ZA.12180x01896En.2012-02-10.en.txt</fn>
The Deputy President's visit is aimed at strengthening the bilateral relations that already exist with the Government of the Republic of Angola and to gain first hand information on the progress made towards the implementation of the Lusaka Protocol. Deputy President Mbeki further intends to emphasise South Africa's unequivocal support for the peace process that is vital not only for the development of Angola, but for the entire sub-region and the SADC.
<fn>GOV-ZA.12188En.2012-02-10.en.txt</fn>
Download the Overberg District Budget for 2006/2007.
Download the Overberg District Reviewed IDP for 2006/2007.
District municipalities administer and make rules for a district, which includes more than one local municipality.
The purpose of district municipalities and local municipalities sharing the responsibility for local government in their areas is to ensure that all communities, particularly disadvantaged communities, have equal access to resources and services.
This will help some local municipalities who don't have the capacity (finances, facilities, staff or knowledge) to provide services to their communities. It will also help to cut the costs of running a municipality by sharing resources with others. The 'richer' areas will help the 'poorer' areas.
<fn>GOV-ZA.121934En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.121968En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.121bulletinEn.2012-02-10.en.txt</fn>
Site meeting will be held on the 11 August 2006 at 10h00, Building No.
Mr A.
Mr Z.M.
Alle tenders sluit om 12h00 tensy anders vermeld word.
<fn>GOV-ZA.121paiadocutsEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.12215En.2012-02-10.en.txt</fn>
The Eden District Municipality covers the Kannaland, Langeberg, Mossel Bay, George, Oudtshoorn, Plettenberg Bay and Knysna Local Municipalities.
<fn>GOV-ZA.12231w48696En.2012-02-10.en.txt</fn>
The Deputy President and his delegation returned to Pretoria yesterday after a very successful visit to Angola.
Very fruitful and informative discussions on the peace process since the signing of the Lusaka Protocol to date and the future economic and political co-operation between South Africa and Angola were held. It was encouraging to learn that the peace process had progressed to such an extent that a Government of National Unity and Reconciliation is expected to be in place as early as next January.
South Africa's commitment to the peace process was greatly appreciated by the Angolans as well as by the Special Representative of the United Nations Secretary General.
The situation in the Great Lakes sub-region was discussed in detail with President Dos Santos and the efforts of the countries of the sub-region to find a solution to the problems of that area were commended.
The visit of the Deputy President to Angola has definitely strengthened the relations between South Africa and Angola and opened new avenues of co-operation between the two countries.
<fn>GOV-ZA.12242En.2012-02-10.en.txt</fn>
Central Karoo District Municipality covers the Laingsburg, Prince Albert and Beaufort West Local Municipalities.
<fn>GOV-ZA.122500En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.122521En.2012-02-10.en.txt</fn>
Many barriers such as widespread ignorance, fear and stereotypes have caused people with disabilities to be unfairly discriminated against in society and in employment. For these reasons they are a designated group in terms of the Employment Equity Act, 1998.
The Minister of Labour has therefore approved a Code of Good Practice on the Employment of People with Disabilities in terms of the Employment Equity Act, 1998.
The Code is a guide for employers and workers to encourage equal opportunities and fair treatment of people with disabilities as required by the Act.
The Code is intended to educate and inform employers and workers to understand their rights and obligations to promote certainty and to reduce disputes so that people with disabilities can effectively enjoy and exercise their rights at work.
The Code is intended to help create awareness of the contributions people with disabilities can make and to encourage employers to fully use the skills of such people.
In terms of the Act the focus is on the effect of a disability on the person in relation to the working environment, and not on the diagnosis or the impairment.
which substantially limits their prospects of entry into or advancement in employment.
Employers should adopt the most cost-effective mean that is consistent with effectively removing the barriers to perform the job, and to enjoy equal access to the benefits and opportunities of employment.
in the benefits and privileges of employment.
Employers should make job advertisements accessible to people with disabilities by identifying the inherent requirements of the post, clearly describing the skills and capabilities required and setting reasonable criteria for selection.
Tests should comply with the requirements of the Act and must be relevant and appropriate to the work for which the person is being tested. Employers should ensure that tests do not unfairly exclude conditions and should not be biased on how or when they are applied, assessed or interpreted.
Testing to determine the health status of a person should only be carried out after the employer has established that the person is in fact competent to perform the essential job functions or duties and after a job offer has been made.
People with disabilities should be consulted on their career advancement and possible needs and so facilities and materials for training should be accessible to them. Evaluation of work performance should clearly identify and fairly measure and reward performance of the essential functions of the job.
Workers who become disabled during employment should, where reasonably possible, be re-integrated into the work force. IF reasonable, employers should explore the possibility of offering alternative work, reduced work or flexible work placement, so that workers are not compelled or encouraged to terminate their employment.
When workers become disabled because of work related illnesses or accidents, the employer should assist that worker to receive the relevant assistance in terms of the Compensation for Occupational Injures and Diseases Act from the Compensation Fund and to receive the appropriate benefits in terms of the Unemployment Insurance Act.
Employers must protect the confidentiality of information that has been disclosed by a worker or job applicant with a disability. They must take care to keep records of private information relating to the disability confidential and separate from general personal records.
Employers may not disclose any information relating to a person's disability without the written consent of the person concerned, unless required to do so by law.
Employers who provide or arrange for occupational insurance or other benefit plans for workers must ensure that the benefits do not unfairly discriminate, either directly or indirectly against people with disabilities.
If people with disabilities are under-represented in all occupational levels and categories in the workplace, the employer should seek guidance from organisations that represent people with disabilities or relevant experts, for example in vocational rehabilitation and occupational therapy to bring those vacancies to the attention of possible work seekers with disabilities.
Employers, employer organisations and trade unions should include the Code in orientation, education and training programmes of workers.
For more information consult the Employment Equity Act, 1998 and the Code of Good Practice on the Employment of People with Disabilities on the website of the Department of Labour at www.labour.gov.za or contact the CCMA helpline at 0861 161616 or the nearest office of the Department of Labour.
<fn>GOV-ZA.122646En.2012-02-10.en.txt</fn>
"Babies need breast milk only, for the first 6 months of life."
Question: My neighbour said that I should get some medicine to clean my baby's stomach. Is this important?
Answer: Colostrum (the first milk your breast will produce) cleans the stomach. You will not need any medicines for further cleaning as breast milk is clean and actually lines the stomach protecting it from bacteria.
Question: In the first few days, if I do not have enough milk, can I give water or other milk as well?
Answer: The colostrum is all the baby needs. You just need to feed the baby often, so that more milk is produced. Ask the midwife to leave your baby with you after birth so you can put the baby to the breast. The baby will quickly learn how to suckle and this will help you to produce more milk. Mixed feeding is not recommended.
Question: I am giving breast milk, but my baby is not satisfied. Do I need to give formula as well?
Answer: No, you can produce more milk by feeding the baby more often. Allow the baby time to drink until satisfied on one breast to make sure the baby gets hind milk, before offering the second breast, which the baby may or may not want. The more the baby suckles, the more milk is produced. Remember: mixed feeding is not recommended.
Question: My baby wants to feed so often, maybe I don't have enough milk?
Answer: Maybe the baby is growing quickly and needs more milk. Be feeding often, you can produce enough milk for the baby's need. The milk will not run out! Allow extra time for the baby to suckle - don't pull the baby off the breast. If the baby has more than 6 wet nappies every day, is being fed often (at least 8 to 12 times a day) and the baby is gaining at least 500g every month, then you are producing enough milk.
Question: If my baby cries often, what do I do?
Answer: Comfort your baby by putting him/her to the breast more often. Babies need to be close to their mothers. If your baby is hungry, thirsty or upset, suckling at the breast will satisfy them. It is unlikely that you will overfeed your baby by giving breast milk only.
Question: Is it good to give other drinks?
Answer: No, adding other drinks means that the baby is more likely to get diseases like diarrhoea and pneumonia, especially when the surroundings are unhygienic. Also, if the baby has other drinks, he/she won't suckle as often and you won't make enough milk. Mixed feeding is not recommended.
Question: Does the baby need water when it is hot?
Answer: No, the first milk (fore milk) has lots of water and quenches the baby's thirst. Just make sure you feed your baby often in hot weather.
Question: When should I add other foods?
Answer: After 6 months, continue breastfeeding as before, but add other foods as well. A baby is only ready to start to eat after 6 months. If HIV positive then rapid weaning (after 6 months) off the breast is recommended.
Question: What if I am HIV positive?
Answer: It is important to discuss feeding options with a HIV counsellor before making a choice.
if infectious diseases such as diarrhoea are common then exclusive breastfeeding will be the safest option.
adequate health care is available then exclusive formula feeding will have less risk. Be sure to use a condom during sexual intercourse to prevent any new infection. If you have any problems such as painful nipples or breasts, be sure to go to the clinic early for help.
Question: What are the most important things for a mother to remember?
Babies need breast milk only for the first six months of life, and their mothers can produce all the milk their babies need.
The more a baby suckles at the breast, the more milk is produced.
The healthiest babies are exclusively breastfed babies.
Every mother who chooses to exclusively breastfeed her baby for the first 6 months is doing the best thing she can to help her baby grow and stay healthy.
Exclusive breastfeeding - when the baby receives only breast milk and nothing else.
Mixed feeding can increase the chances of a baby getting infections.
The healthiest babies are the ones who are exclusively breastfed.
Giving the baby formula, water, tea, other drinks, cereal or other foods in the first six months can increase the baby's risk of getting diarrhoea, pneumonia and allergies.
The more the baby suckles at the breast, the more milk will be produced. The way to produce more milk is to breastfeed the baby more often. If the baby is given a dummy or drinks from a bottle, they will not suckle often enough from the breast and the mother will produce less milk. The baby may also become confused about how to suckle and may even refuse the breast.
Breast milk contains all the nutrients and water the baby needs for the first 6 months of life, thus the baby does not need anything else to drink.
Colostrum (the first milk your breast will produce) cleans the stomach out, and this milk is clean. No medicines or drinks should be used to clean the stomach.
Although the first milk (fore milk) that comes from each breast looks thin and watery, it is very nutritious. This milk is meant to quench the baby's thirst.
After the fore milk comes the richer hind milk, which contains extra fat and energy, so the baby will feel full and grow strong. Let the baby drink until satisfied on one breast, before giving the other breast.
Constipation and diarrhoea are rare in exclusively breastfed babies. In the first few weeks the babies commonly pass stools with every feed. Old babies, however, sometimes only pass one soft stool a week, and this is fine.
Working mothers can continue exclusive breastfeeding by expressing breast milk at work and home. Expressed milk should be left covered in a clean container in a cool place, to be fed to the baby from a cup while the mother is away. Expressed breast milk will last 5-8 hours (room temperature) out of the fridge, and 3-5 days in a fridge. When the mother returns home, she should breastfeed her baby as often as possible.
<fn>GOV-ZA.122657En.2012-02-10.en.txt</fn>
This explains how to register an NGO or NPO.
This is the list of all non-profit organisations in the Western Cape which are registered with the Department of Social Development. The list includes registration details, as well as basic information on each organisation.
<fn>GOV-ZA.12269En.2012-02-10.en.txt</fn>
The Matzikama Local Municipality covers Lutzville, Ebenhaezer, Vredendal, Vanrhynsdorp, Doringbaai/Strandfontein and Klawer.
Pass by-laws - local laws and regulations about any of the functions they are responsible for. By-laws may not go against any national laws.
Approve budgets and development plans - every year a municipal budget must be passed that sets down how money will be raised and spent. The municipality must also approve the Integrated Development Plan (IDP).
Impose rates and other taxes, for example property tax.
Charge service fees for using municipal services like water, electricity, libraries, and so on.
Impose fines for people who break municipal by-laws, for example traffic fines or littering.
Borrow money - the council can take a loan for a development or other project and use municipal assets as surety.
<fn>GOV-ZA.12290x29597En.2012-02-10.en.txt</fn>
The Office of the Deputy President was informed this morning that a staff member was arrested by police on allegations of driving under the influence of alcohol.
This matter is being dealt with by the SA Police Service and is subject to their normal investigative procedure as in instances where an alleged crime is suspected.
<fn>GOV-ZA.12296En.2012-02-10.en.txt</fn>
The Cederberg Local Municipality covers Citrusdal, Clanwilliam, Graafwater and Lamberts Bay.
<fn>GOV-ZA.122bulletinEn.2012-02-10.en.txt</fn>
Site meeting will be held on the 22 August 2006 at 10h00, Building No.
MR H.
Deputy President Phumzile Mlambo-Ngcuka will this week attend the International Conference on Woman and Employment in the Mozambican capital, Maputo. The conference takes place on Friday, 15 August 2008.
The purpose of the conference is to help identify concrete actions that can be facilitated by development co-operation, by governments, international organisations, private sector organisations, civil society amongst others, that help create more productive jobs for women.
The Statistical Technician Diploma (ENSEA) runs for two years, starting from June 2010 until September 2012. (All selected participants will be expected to commence Frenchlessons from March 2010 at the Department of International Relations & Co-operation.
We regret the inconvenience that may have been caused by the media advisory.
This operation is considered to be an excellent training opportunity for the security personnel to be deployed during the 2010 FIFA World Cup, which is just 23 months away.
The SAPS units to be utilised during this exercise include the Special Task Force, the National Intervention Unit, the National and Provincial Air Wing, Borderline and Ports of Entry Components, Emergency Services (for example the Flying Squad and the Dog Unit), Crime Intelligence and Organised Crime Units, the Counter Assault Team as well as hostage negotiators and bomb disposal experts.
The security forces wish to advise the community of Port Elizabeth that Operation Shield is an essential exercise to allow our security forces to merge their expertise to ensure that we can deal with any crime or terror related threat, as well as any natural or non-crime related disaster, during major events.
In geval die herroeping plaasgevind het binne ses maande nadat die aansoeker bewus geword het van die ware omstandighede rakende die aanneming.
o nie op die aanneemouer beteken kon word nie omdat die adres of woonplek onbekend is kan die hof opdrag gee dat daar tot die hof se tevredenheid beter stappe geneem moet word om die kennisgewing te beteken.
<fn>GOV-ZA.123108En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.12323En.2012-02-10.en.txt</fn>
The Bergrivier Local Municipality covers Dwarskersbos, Aurora, Laaiplek, Piketberg, Porterville and Veldrif.
<fn>GOV-ZA.12350En.2012-02-10.en.txt</fn>
The Saldanha Bay Local Municipality covers the West Coast Peninsula, Langebaan and Hopefield.
<fn>GOV-ZA.123586En.2012-02-10.en.txt</fn>
The Western Cape High Court Roll lists the daily court proceedings (cases to be heard) of the Western Cape High Court. It does not indicate matters that are finalised, struck off, postponed or withdrawn from the roll. The Court Roll is part of the public record and cannot be changed or amended on the portal. The receipt of the Western Cape High Court Roll is sometimes delayed without prior notice. Any queries regarding the finalisation of matters must be referred to the Western Cape High Court.
<fn>GOV-ZA.12377En.2012-02-10.en.txt</fn>
Pass by-laws (local laws and regulations) about any of the functions they are responsible for. By-laws may not go against any national laws.
Approve budgets and development plans. Every year a Municipal Budget must be passed that sets down how money will be raised and spent. The municipality must also approve the Integrated Development Plan (IDP).
Impose fines for people who break municipal by-laws, for example traffic fines or fines for littering.
Borrow money. The council can take out a loan for a development or other project and is permitted to use municipal assets as surety.
Find out more information about the basic services offered by the Swartland Local Municipality or discover the municipal facilities that are available.
Information and photographs taken from the Swartland Local Municipality Website.
<fn>GOV-ZA.123bulletinEn.2012-02-10.en.txt</fn>
Visitors Centre, Building no. 9 1. Tenders must be on the official tender forms, which must be filled in and completed in all Respects.
The SBD.2 form, Application for Tax Clearance Certificate (in respect of tenders), must be completed by the tenderer in all aspects and submitted to the Receiver of Revenue where the tenderer is registered for income tax purposes. That the Receiver of Revenue will then furnish the tenderer with a Tax Clearance Certificate that will be valid for 60 days from date of issue. This Tax Clearance Certificate must be submitted with the original tender, before the closing time and date of the tender. Failure to submit an original and valid Tax Clearance Certificate MAY invalidate your tender.
Other Empowerment Activities. The tender would be free to supply other relevant empowerment details, which may not fall within the above-indicated framework.
Department of Finance, Pauliane, Office no.
Tenders should have a CIDB contractor grading of 9CE or higher. Grade 8CE PE (potentially emerging enterprises) who satisfy criteria stated in the Tender Data may submit tender offers. Joint Venture tenders are also acceptable if compliant with the CIDB grading requirements for Joint Ventures.
Preferences are offered to tenderers who have Historically Disadvantaged Individual (HDI), Women, Youth and Disability Equity ownership, and who offer participation of targeted labour and targeted subcontractors that is in excess of the minimum participation goal stipulated in the contract, Tenderers that are not responsive in meeting the minimum participation goal stipulated in the contract are disqualified.
Only tenderers who employ staff, which satisfy EPWP requirements, are eligible to submit tenders.
A compulsory site visit will take place on 18 September 2006. The employer will meet all tenderers in front of the Wimpy in the Barberton CBD, from where a tour bus will depart at 10h00.
Request for proposals to conduct a feasibility study on the appointment of a debt collector (traffic fines) to assist the Department of Roads and Transport on the collection of outstanding traffic fines.
Development of a community profile tool in respect of the sustainable livelihood programme.
A briefing session will be held on 21 September 2006, at Building 3, 1st Floor, God's Window Boardroom, at 10h00.
Provision of Event Management Service for the National Day of Reconciliation Celebration on the 16th of December, from 09h00 until 18h00 at Thulamahashe Stadium at Bushbuckridge Municipality, Ehlanzeni Region.
Note: Tender documents will be sold at a non-refundable deposit of R50-00 per document.
Provision of Event Management Service for the Moral Regeneration End of the year Festival that will take place on 31st December 2006 from 10h00 until the morning of 1st January 2007, 09h00 at Nelspruit Rugby Stadium, Mbombela Municipality, Ehlanzeni Region.
Note: Tender documents will be sold at a non-refundable deposit of R100-00 per document.
Two-year contract for the provision of Hotel Accommodation and Travel arrangement.
Maintenance, repair and supply on transformer installations as well as switch gear at various institutions for a period of three years.
Three year contract for landscape and irrigation maintenance for the Riverside Government Complex.
Site Inspection: Friday, 28 September 2006, at 10h00. In Front of Building 8, Riverside Complex.
Note: Tender documents will be sold at a non-refundable deposit of R200-00 per document.
<fn>GOV-ZA.123municipalpropertyratesactaitsimpletationtoolsEn.2012-02-10.en.txt</fn>
Accordingly, Section 3(2) of the Housing Act, 107 of 1997, demands of the Minister to determine norms and standards. Norms and standards will provide a basis to determine basic levels of services that may be financed from the subsidy and quantify the costs.
<fn>GOV-ZA.12404En.2012-02-10.en.txt</fn>
The Witzenberg Local Municipality covers Tulbagh, Ceres, Prince Alfred Hamlet and Wolseley.
<fn>GOV-ZA.12431En.2012-02-10.en.txt</fn>
The Drakenstein Local Municipality covers Saron, Wellington and Paarl.
<fn>GOV-ZA.1244En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.12458En.2012-02-10.en.txt</fn>
Photographs copyright South African Tourism.
The Stellenbosch Local Municipality covers Stellenbosch, Franschoek and Pniel.
Find out more information about the basic services offered by the Stellenbosch Local Municipality or discover the municipal facilities that are available.
<fn>GOV-ZA.12485En.2012-02-10.en.txt</fn>
The Breede Valley Local Municipality covers Touws River, De Doorns, Worcester and Rawsonville.
<fn>GOV-ZA.1248En.2012-02-10.en.txt</fn>
The legislative mandate which underpins the strategic goals of the Office of the Chief Financial Officer is clearly defined in the Public Finance Management Act (PFMA) and Treasury Regulations which directly influence the financial operating environment in the Limpopo Department of Roads & Transport. Financial Services' mission is to provide the department with efficient and effective support in the utilisation of government resources by the preparation, execution and monitoring of budgets; to provide guidance on the utilisation of allocated funds; report on budgets to Provincial Treasury, ensure compliance to policies, legislation, regulations and delegations; manage the administrative and logistical support for procurement processes and plan, execute and monitor financial reforms. In respect of expenditure monitoring, the control, close monitoring and analysis of the department's monthly expenditure reports assisted in timeously identifying areas of potential over spending, resulting in the department remaining within its allocated budgets.
The Chief Directorate: Corporate Services is responsible for the provision of effective support services to the department. The Chief Directorate provides guidance and a clear way through bureaucratic processes, by providing support with Human Resource Management, Human Resource Development, Labour Relations, Policy Co-ordination and Strategic Planning, Performance Management, Employee Wellness, Transformation & Service Delivery and Work Study.
The Chief Directorate: Government Information Technology Office is responsible for the provisioning and maintenance of IT infrastructure and systems and IT support to all users. The GITO strives towards business process re-engineering, using IT as an enabler to transform the department's daily operations for efficiency and accountability. The Chief Directorate also manages corporate communication services and inter-governmental relations for the department.
The Chief Directorate: Internal Support is responsible for district services and provides internal support with records management, infra-structure and office facilities, security and legal services. The Chief Directorate also controls the departmental and provincial vehicle fleet.
Overview The Chief Directorate focuses on the maintenance of roads and roads related infrastructure. It is aimed at facilitating the economic development of the province and its people and to supply safe roads and roads related infrastructure.
The Chief Directorate mainly focuses on provision of public transport in Limpopo province. It further ensures that there is compliance and that the public transport industry is properly regulated. The Chief Directorate also facilitates transport infra-structure research and planning in line with the Integrated Development Plans (IDP's) of municipalities. The Chief Directorate further promotes non-motorised transport through their bicycle and donkey cart projects.
The main aim of this chief directorate is to plan, develop, regulate, and facilitate the provision of public, freight and air transport services and infrastructure through provincial resources and co-operation with national and local authorities as well as the private sector in order to enhance the mobility of all communities, particularly those currently without or with limited access.
Public transport and freight infrastructure relates to the facilities for modes that are utilized by the passenger for rewards/payment like bus stations, taxi ranks, rail stations and airports including for non-motorized transport like bicycles and animals (animal drawn carts). Freight infrastructure is more on the logistic facilities like transfer facilities which could be incorporated into Intermodal Facilities and rail infrastructure; the cross-border facilities in terms of ensuring speedy transit, and developing certain freight high volume corridors to enhance freight mobility and or shorten distances between commodities/producers and markets.
Current infrastructure is old, not integrated and not user friendly; relatively far from passengers particularly switching from one mode to the other where passengers take longer time; the present infrastructure does not encourage long operation hours and thereby limiting business hours; it is abundantly managed by operators and prone to bias and promotes conflicts. Rural areas are hardest hit on this challenge. The chief directorate have prioritised main economic centers in all districts for development of Intermodal Facilities to respond to this.
In terms of freight, the road infrastructure is inadequate to carry the heavy loads. There is a need to transfer some freight to rail or air. Traffic congestions delay freight transportation and some commodities lose value along the way e.g., farm produces while the time taken on the movement of goods generally determines the cost. The issue of infrastructure is also linked to the entire transport system which should be complementary and provide modal choice and preference hence the need for rail development as well.
The biggest challenge for us is to provide roads support for these corridors to link up with other provincial roads and also ultimately lead to the border posts including linkage to Maputo Corridor, Richards Bay and other major activity nodes. The principles should also include densification; shortened travel distance and time. Furthermore the economic viability of each corridor development must focus on long-term employment and sustainable development, and to preferably favour local content (labour, materials and equipment) as well as projects that offer long term capital investments with the potential of low operating costs, that is high efficiency long term solutions. Public transport sub-directorate(empowerment and institutional management) assisted taxi operators by showing them the importance of safety and by undertaking a course to implement those skills.
The Chief Directorate is responsible for the provisioning of traffic control and traffic policing, road safety education and awareness, transport administration and licensing and traffic training services in Limpopo province. The aim of the Chief Directorate is to reduce road traffic accidents and injuries through intensified road safety education and law enforcement programmes and to regulate driving and vehicle licences in Limpopo province. The Chief Directorate also focuses on overloading control to protect the road infra-structure, not only of the province but the whole country. Traffic Training is done by the Manenu Traffic Training College. Traffic control, traffic policing, overload control and road safety education and awareness services are rendered by the five operational districts of the department. Traffic control, traffic policing and overload control services are rendered by Traffic Stations and Traffic Control Centres in the different districts.
Both these agencies are funded by the department and are accountable to the MEC in terms of delivering services according to their mandate. The agencies are fully functional entities and work in line with the departments key strategic objectives.
<fn>GOV-ZA.124bulletinEn.2012-02-10.en.txt</fn>
Supply and repair of silent call systems, at various hospitals, throughout Mpumalanga Province for a period of three years.
People's guide to the budget.
As we chart our way forward, I wish to thank our Premier, Dr Zweli Mkhize, the Executive Council and the Justice, Crime Prevention and Security Cluster members for supporting our department in successfully launching and rolling out the programme of building a united front against crime. This is an integrated anti-crime strategy which seeks to rally communities behind the crime fighting cause, using Operation Hlasela as a vehicle to roll it out, throughout the Province of KwaZulu-Natal.
We often hear reports about how badly police conduct themselves and lesser reports on their good work. Allow me to send accolades to the police in KwaZulu-Natal under the stewardship of Lieutenant General Ngobeni for a number of successes achieved.
During the past financial year, our Province witnessed a number of massacres and political assassinations in our communities, but we have also witnessed police successes in dealing with these. In some instances families have been altogether wiped out and councillors killed. We commend the good work of the police in successfully apprehending the perpetrators of these crimes.
<fn>GOV-ZA.124deeingaccountabilityacceleratingservicedeliveryandmanagetdeveloptEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.125032En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.12512En.2012-02-10.en.txt</fn>
The Breede River/Winelands Local Municipality covers Robertson, Montagu, Ashton, McGregor and Bonnievale.
<fn>GOV-ZA.12539En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1253rdurbanconfecethestateofthesouthafricancitiesEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.12540En.2012-02-10.en.txt</fn>
The Theewaterskloof Local Municipality covers Villiersdorp, Grabouw, Botrivier, Caledon/Myddleton, Genadendal, Greyton and Riviersonderend.
<fn>GOV-ZA.125465En.2012-02-10.en.txt</fn>
To implement a road maintenance program employing the maximum number of people from the local community.
The Zenzele Road Maintenance Programme aims to create long term job opportunities for local communities. The programme is an initiative of the Community Based Public Works Programme (CBPWP) and aims to improve the existing roads infrastructure by employing community members to conduct routine and periodic road maintenance.
The CBPWP works with municipalities to identify operational areas and set up projects. Projects in these operational areas are supervised by contracted Zenzele project managers. Local community participation is facilitated by the CBPWP through community meetings.
Approximately 12 - 25 Community Development Workers (CDWs) are employed by the CBPWP for a 12 month period for each project. The CBPWP conducts a skills audit of prospective CDWs and appointments are strongly gender and youth-focused. CDWs are contracted to work for 60 hours per month and are provided with bicycles to access their work areas.
Work activities include clearing alien vegetation, cleaning drains and culverts, removing litter and foreign objects from roads, repairing potholes and washing roads signs and hazard plates. Workers also report major repairs. Each worker is allocated approximately 1km of road.
The CBPWP provides roads maintenance training for CDWs as well additional life skills and HIV/AIDS awareness training. Social Facilitators monitor CDWs and aim to identify future opportunities for them such as additional training, placement or entrepreneurial opportunities.
<fn>GOV-ZA.12567En.2012-02-10.en.txt</fn>
The Overstrand local municipality covers Hangklip/Kleinmond, Greater Hermanus, Stanford and Gansbaai.
<fn>GOV-ZA.12594En.2012-02-10.en.txt</fn>
The Cape Agulhas Local Municipality covers Napier, Bredasdorp and Struisbaai.
<fn>GOV-ZA.125bulletinEn.2012-02-10.en.txt</fn>
It is an absolute requirement that the taxes of the successful bidder MUST be in order, or that suitable arrangement has been made with the Receiver of Revenue to satisfy them.
Bidders are hereby advised that the Mpumalanga Provincial Government will only accept bank guaranteed cheques, cash or postal orders as payment for the bid levy.
Fax Number : (013)766 8455 2.
Fax number : (013) 243 1049 5.
Appointment of Consultants for the identification of Government Employees who are doing business with the Mpumalanga Provincial Government.
Provisioning of project management services on housing projects within the Mpumalanga Province.
Construction of 18 Classrooms, 1 Admin block, 12 toilets, fencing, installation of electricity, water, kitchen and rails & ramp at J.
A Site Inspection will be held on 18 October 2006 at 13h00.
A Site Inspection will be held on 20 October 2006 at 10h00.
A Site Inspection will be held on 19 October 2006.
Refurbishments to Mpumalanga Legislature Chamber Electronic systems and desks in the Assembly Chamber of Mpumalanga Legislature.
This will include Audio inter-communication, Voting, Interpretation, Computer Network, Broadcast system, Change existing desk to accept new equipment.
A Compulsory site briefing will be held on 16 October 2006 at 11h00 at the Visitor's Centre, Legislature Building, Nelspruit.
Grade 6CE PE - Potentially emerging enterprises that satisfy criteria stated in the Tender Data may submit tender offers.
Joint ventures are also acceptable if compliant with the CIDB grading requirements for Joint Ventures.
A Compulsory site visit and tenderers meeting with representatives of the Employer will take place on site on 18 October 2006, at 10h00.
Tenderers will be met at Hluvukani Business Centre, 20km from Acornhoek to Manyeleti, from where a visit to site will take place.
A compulsory briefing session will be held on the 20 October 2006 at Riverside Government Complex, Nelspruit, Building No.
<fn>GOV-ZA.12621En.2012-02-10.en.txt</fn>
The Swellendam Local Municipality provides services to Barrydale, Swellendam, Suurbraak, Malagas, Stormsvlei and Infanta.
Find out more information about the basic services provided or discover the municipal facilities that are available in these areas.
<fn>GOV-ZA.12648En.2012-02-10.en.txt</fn>
The Kannaland local municipality covers Ladismith, Calitzdorp, Zoar and Vanwyksdorp.
<fn>GOV-ZA.1265En.2012-02-10.en.txt</fn>
The 160,000 ha Richtersveld Cultural and Botanical Landscape of dramatic mountainous desert in north-western South Africa constitutes a cultural landscape communally owned and managed. This site sustains the semi-nomadic pastoral livelihood of the Nama people, reflecting seasonal patterns that may have persisted for as much as two millennia in southern Africa. It is the only area where the Nama still construct portable rush-mat houses (haru om) and includes seasonal migrations and grazing grounds, together with stock posts. The pastoralists collect medicinal and other plants and have a strong oral tradition associated with different places and attributes of the landscape.
The extensive communal grazed lands of the Richtersveld Cultural and Botanical Landscape are a testimony to land management processes which have ensured the protection of the succulent Karoo vegetation and thus demonstrates a harmonious interaction between people and nature. Furthermore, the seasonal migrations of graziers between stockposts with traditional demountable mat-roofed houses, |haru oms, reflect a practice that was once much more widespread over Southern Africa, and which has persisted for at least two millennia; the Nama are now its last practitioners.
Criterion (iv): The rich diverse botanical landscape of the Richtersveld, shaped by the pastoral grazing of the Nama, represents and demonstrates a way of life that persisted for many millennia over a considerable part of southern Africa and was a significant stage in the history of this area.
Criterion (v): The Richtersveld is one of the few areas in southern Africa where transhumance pastoralism is still practised; as a cultural landscape it reflects long-standing and persistent traditions of the Nama, the indigenous community. Their seasonal pastoral grazing regimes, which sustain the extensive bio-diversity of the area, were once much more widespread and are now vulnerable.
The cultural landscape comprises all the elements linked to the transhumance lifestyle of the Nama pastoralists. The authenticity of the grazing areas and stockposts is incontrovertible. The authenticity of the traditional domed houses is mainly intact, despite the incorporation of some new materials along with the finely braided traditional mats. There are increasing numbers of young people interested in continuing the traditions.
The Richtersveld Cultural and Botanical Landscape has full legal protection. The process of declaring the property as a Heritage Area was completed in early 2007. The traditional land-use system of the Nama should be seen as part of the protection system. A buffer zone has been established. The two key areas for conservation measures are sustaining the grazing areas and sustaining the tradition of building portable mat-roofed houses. The Richtersveld Community Conservancy (RCC) is managed by a Communal Property Association (CPA) with a Management Committee (company without profit) and a participative Management Plan is in place to manage the identified Heritage Area. The Management Plan, addresses management structures, infrastructure development, awareness raising, tourism development and monitoring and evaluation. It should provide support to the traditional management system rather than replacing it.
The Khoi-Khoi people, ancestors of the Nama, once occupied lands across southern Namibia and most of the present-day Western and Northern Cape Provinces of South Africa. Over a century or more, those in the south were pushed north by the spread of European farms north from the Cape. This influx of refugees into the middle reaches of the Orange River in the 18th century led to turmoil in the area with predatory bands of brigands at large. In the 19th century, missionaries moved into the area. The mix of peoples together with the influence of outsiders led to a rapid dilution of traditional Khoi-Khoi culture. In the 1940s another group of people, the Boslius Basters were moved into the Richtersveld by the Apartheid regime: there they joined the Nama and after an initial uneasy relationship they have formed a partnership for land ownership in the Conservancy. Since 2003 the farmers have held the title to their lands.
The Khoi-Khoi and the San are considered to be the original indigenous inhabitants of southern Africa and thus custodians of ancient cultures. The Khoi-Khoi migrated with herds of sheep and cattle on a seasonal basis and lived in portable houses. Their legacy is, like the San, manifest in rock art. The earliest written records for the Khoi-Khoi were set down by explorers from Europe in the late 15th century, and from the late 17th century to the late 19th century many other missionaries and officials added to the record. During the 20th century the Khoi-Khoi have been written about extensively.
At the time of the first description, the Khoi-Khoi lived in clans, each with their own territory. Early Dutch settlers in the Cape began to buy livestock from the Khoi-Khoi in order to supply meat for the Dutch fleet. This led to stock shortages amongst the Khoi-Khoi and resulted in conflicts between the Europeans and the local communities. Within only a few years of the establishment of Cape Town, the Khoi-Khoi began to migrate north and in order to fill the gap of cattle supplies, the settlers created a system of freehold farms. Environmental conditions did not permit intensive agriculture; and extensive agriculture, meant that vast areas of land were taken over by the colonists as the frontiers of the colony spread rapidly to the east and north, often out of official control. The Khoi-Khoi were forced into military or mission service, or became labourers on settler farms. Many also succumbed to newly introduced diseases. Within a few generations the Khoi-Khoi had all but disappeared from many parts of their ancient homeland.
In the 20th century the existence of the Khoi-Khoi was denied under the Apartheid policy and they were subsumed into the coloured racial category. Since 1994 and liberation there has been a re-emergence of Khoi-Khoi identity and the emergence of the Nama, the last of the Khoi-Khoi to still practice traditional pastoralism. The Richtersveld, due to its remoteness, now remains the only place that reflects this way of life. Elsewhere, for instance in Namibia and other parts of South Africa, the Nama have mostly abandoned transhumance and the skills of traditional house building have almost disappeared.
The Richtersveld Community Conservancy was established in 2002, evolving out of the Richtersveld Community Heritage Area that was set up in 2000 to protect both the environment and culture of the area.
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<fn>GOV-ZA.12675En.2012-02-10.en.txt</fn>
The Hessequa Local Municipality covers Heidelberg, Slangrivier, Riversdal, Albertinia, Gouritz and Still Bay.
<fn>GOV-ZA.126bulletinEn.2012-02-10.en.txt</fn>
Telephone number : (013) 766 8258/9 or 766 8260/5 2.
CIDB grading 6CE or higher. Grade 5CE PE (potentially emerging enterprises) who satisfy criteria stated in the Tender Data may submit offers.
Note: Bid documents will be available from the 20th of November 2006 and will be sold at a non-refundable deposit of R200-00 per document.
A compulsory site inspection will be held on 17 November 2006 at 10h00, in front of Building 8, Riverside Government Complex, Nelspruit.
A site inspection will be held on 10 of November 2006 at 12H00.
Three-year contract for the supply and delivery of coal to Hospitals in the Ehlanzeni Region.
Department of Local Govt.
A compulsory site inspection meeting will be held o the 15th of November 2006 at 10:00 at the Multi-Purpose Community Centre at Driefontein.
A compulsory site inspection meeting will be held on the 16th of November 2006 at 10:00 at the Multi -Purpose Community Centre at Marapyane.
<fn>GOV-ZA.126cooperativepartnershipstostimulateandgrowlocaleconomiesandsmmesEn.2012-02-10.en.txt</fn>
Allow me in the first place to say how pleased I am to be here today. You are a very important organization. And I am here to both offer some information and ideas as well as to learn from you. So please engage with me - vigorously, rigorously. Let's see this meeting as a two-way process. Government and the majority party, after all, don't have all the answers. And you could be of enormous help. Yes, yes, it may sound like a cliché, I know - but together, we can, of course, do more. In any case, government and business have to work together. We have no choice.
This is the case more than ever before.
And this is certainly the case with local economies and local economic development (LED). Not just because of the impact of the global economic crisis on our country. Not just because over a million jobs have been lost. Not just because our growth rates are sluggish. But also because we are committed to building a developmental state. Because we now have a National Planning Minister and an Economic Development Minister and are about to establish a National Planning Commission. Because our all-important Local Government Turnaround Strategy (LGTAS) stresses the importance of LED. Because we are determined to strengthen the cooperative governance system across national, provincial and local government. All of which signals greater opportunity for local economic development and more effective partnerships between the private sector and municipalities. If there are many lessons we've had to draw from the global economic crisis that has fallen on us, one at least is the importance of LED.
And if we're talking about "Cooperative Partnerships to Stimulate and Grow Local Economies and SMME's", as it applies to our Ministry, essentially we're talking about LED. It is this then that I'll primarily focus on.
"The private sector, the cooperative sector consisting of formal and informal, social enterprises, as well as the income generating community projects and survival businesses in the informal sector, that operates in municipal regions are the engines of economic growth. Their existence and ability to produce competitively and generate greater levels of income and employment, is dependent on an active State role in generating the appropriate and necessary conditions, stimulus and governance efficiencies and in constantly monitoring the results".
By identifying the private sector, social enterprises and informal businesses operating in municipalities as the engines of economic growth, government is stressing the significance of local economies to economic growth.  It is clear, though, that for this engine to function effectively, the state has to play its role. And, yes, we agree we are not doing enough. But we intend to. And with your cooperation, we will. Especially you. You are progressive business people. We take seriously what you say, and we expect you to be dynamic and far-sighted.
<fn>GOV-ZA.12702En.2012-02-10.en.txt</fn>
The Mossel Bay Local Municipality covers Herbertsdale, Friemersheim, Great Brak River, and Mossel Bay.
<fn>GOV-ZA.12729En.2012-02-10.en.txt</fn>
The George Municipality provides basic services to the City of George and its surrounding areas. It also maintains various municipal facilities in the area.
<fn>GOV-ZA.12756En.2012-02-10.en.txt</fn>
The Oudtshoorn Local Municipality covers Oudtshoorn, Dysselsdorp and De Rust.
Find out more information about the basic services offered by the Oudsthoorn Local Municipality or discover the municipal facilities that are available.
<fn>GOV-ZA.12783En.2012-02-10.en.txt</fn>
The Bitou Local Municipality covers greater Plettenberg Bay.
<fn>GOV-ZA.127bulletinEn.2012-02-10.en.txt</fn>
Fax number : (013) 243 1047 5.
A compulsory site inspection meeting will be held on 12 January 2007, at 10h00, at the Nkangala regional office.
Appointment of Consultant/s to scan on Mpumalanga Provincial Departments for possible Public Private Partnership Projects.
A briefing session will be held at the Mpumalanga Government complex, Government Boulevard, Nelspruit, Building no. 3, Upper Ground Board room.
Note: Bid documents will be sold at a non-refundable deposit of R100.
Construction of a residential house at 66 Arcacia Street, West Acres, Ext.
A Compulsory briefing session will be held at 66 Acacia Street, West Acres, Ext.
Compulsory information session will be held at 10h00 on Thursday, 14 December 2006.
<fn>GOV-ZA.127forgingtiesbetwtraditionalcouncilsandlocalgoverntEn.2012-02-10.en.txt</fn>
We have, we like to believe, broken out of the classical unitary versus federal form of state, and have instead struck our own unique system of cooperative government with three spheres - national, provincial and local - which are distinct, but interrelated and interdependent. This system is at the core of our Constitution. But so too is the imperative for the state to be fully democratic and inclusive, and be embedded in the will of the people.
And if you look at the legislation we've passed since 1994 it becomes all too clear that ours is meant to be a system not just of cooperative government, but, fundamentally, cooperative governance. In essence, government rules in interaction with the people. Ours is meant to be an inclusive, comprehensive democracy.
Which means we have to recognize the institution of traditional leadership. Indeed this is expressly set out in sections 211 and 212 of the Constitution.  Managed properly, as government seeks to do, and increasingly succeeds in doing, the institution of  traditional leadership and our modern democracy are certainly compatible. The Constitution provides the broad framework and legislation gives effect to this.
Exactly how we find the synergy between elective democracy and the institution of traditional leadership changes over time. It's invariably contested. There are inevitable tensions. There are people who feel strongly that too much or too little has been done for the institution of traditional leadership. We must accept these differences and manage them. That too is the hallmark of our democracy.
Of course, we know that traditional leaders feel that they were hard done by with the Interim and final Constitutions which provided for wall-to-wall municipalities. With the establishment of municipalities in rural areas traditional leaders feel that their customary powers and functions were taken away and given to municipalities. Traditional leaders have other grievances too. Government is willing to engage with traditional leaders about their concerns.
Of course, there are problems, but we have, in fact, come a long way since 1994.  We now have the National House, and Provincial and  Local Houses of Traditional Leaders. We adopted a White Paper on "Traditional Leadership and Governance". Various pieces of legislation that deal with the institution of Traditional Leadership have been passed since 1994 that provide for an enhanced role for the institution.
<fn>GOV-ZA.12810En.2012-02-10.en.txt</fn>
The Knysna Municipality lies within the southern region of the Western Cape, in the middle of the Garden Route and stretches from Sedgefield in the west to Knoetzie in the east. It provides services to Rheenendal, Belvidere Estate, Knysna, Sedgefield, Brenton and Knoetzie. It is also responsible for the various facilities for these areas.
<fn>GOV-ZA.12837En.2012-02-10.en.txt</fn>
The Laingsburg Local Municipality covers Laingsburg and Matjiesfontein.
<fn>GOV-ZA.12864En.2012-02-10.en.txt</fn>
The Prince Albert Local Municipality lies on the southern edge of the Great Karoo, a semi-desert region of the Western Province. The Municipality provides services to Leeu Gamka, Prince Albert Road, Klaarstroom and Prince Albert and is also responsible for various facilities in these areas.
Borrow money - The council can take out a loan for a development or project and is permitted to use municipal assets as surety.
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<fn>GOV-ZA.12891116education2En.2012-02-10.en.txt</fn>
First Lady, Thobeka Madiba-Zuma will this afternoon spend two hours pampering cancer patients at Charlotte Maxeke Johannesburg Academic Hospital.
<fn>GOV-ZA.12891116education3En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.12891En.2012-02-10.en.txt</fn>
Beaufort West is the oldest town in the Central Karoo and its municipality, proclaimed in 1837, is the oldest in South Africa. The Municipality also provides services to Merweville and Nelspoort.
Find out more information about the basic services offered by the Beaufort West Local Municipality or discover the municipal facilities that are available.
<fn>GOV-ZA.128En.2012-02-10.en.txt</fn>
Central University of Technology, Cnr Pres.
Web address www.cut.ac.
Web address www.uovs.ac.
<fn>GOV-ZA.128bulletinEn.2012-02-10.en.txt</fn>
How would you rate the over all impression of the branch specified above?
How would you rate environment where the office is situated?
How would you rate the cleanliness and neatness of this office?
How would you rate the availability of documents at our offices?
(electronic transfers etc.
Which of the following offices are you aware of?
a. Nelspruit c. Tonga d. Elukwatini e. Evander f. Piet Retief g.
Which method of marketing our branches would appeal to you as a tenderer?
a. The bid bulletin b.
Venue: Nelspruit, Riverside Government Complex, In front of Building 8.
Venue: Nelspruit, Riverside Government Complex, Building 8, 2nd floor, room no.
In order to stimulate the promotion of BEE and the development of Historically Disadvantaged Individuals (HDIs) and SMMEs, the Office of the Premier is updating its database of suppliers. Only registered suppliers will be considered for the submission of quotations. Women and people with disabilities are encouraged to apply. Enterprises that have previously registered need to re-apply.
Entity registration bank details form must have a bank stamp to confirm the bank details.
All suppliers are invited to register as approved suppliers on the database of the Department.
<fn>GOV-ZA.128theroleofprivatesectorandstateowneterprisesinturninglocalgoverntaroundEn.2012-02-10.en.txt</fn>
Results: 21 to 40 of 62 (104467 searched in 0.304.
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<fn>GOV-ZA.129738En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.129bulletinEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.12April2011En.2012-02-10.en.txt</fn>
Eastern Cape Department of Health - MEDIA ROOM - Press Releases - R1.
The Eastern Cape Department of Health is to spend R1.9billion in renovating hospitals and building clinics. For the first time in 8years the Eastern Cape Department of Health will not be returning money to National Treasury which gets allocated in the guise of the Infrastructure Grant. The Hospitals will provide a conducive working environment for our nurses and doctors to do their jobs efficiently and to provide quality health care to our patients. We will provide a safer environment with less infections.
These infrastructural developments will also provide direct and indirect jobs to our people and also stimulate the local economy. The latter are very integral in the upliftment of the lives of our people.
The government is investing in the health of its people.
Cecilia Makiwane will be revitalized to the tune of R900million. This is the 4th phase of construction.
Livingstone Hospital's Oncology Unit and Outpatients Department will be constructed to the amount of R55million.
Frere Hospital's Oncology Unit will be constructed to the value of R160million.
St Elizabeth Hospital is to be constructed from scratch. This phase includes the specialized civil works and preparing for the new hospital. The amount for this phase is R60million. This is an eight months contract which will start in May 2011.
St Patricks Hospital contract is to the value of R370million. It will see the construction of the new Outpatients Department and Casualty Unit.
Jose Pearson TB Hospital has a new XDR unit. It costs R11million and is almost in completion phase. This development was jointly funded by the Eastern Cape Department of Health and the Global Fund. There will be lamino flow and natural ventilation when the construction is completed.
Frontier Hospital will have a new Casualty Unit and Outpatients Department. Two new wards and mortuary will also be constructed. This construction will cost R18million. The paediatric ward will also go ahead this year.
Nkqubela TB Hospital will see an upgrade of two wards in the MDR Units. Its funded jointly by Eastern Cape Department of Health to the tune of 70% and the Global Fund to the tune of 30%. The value of the project is R7,5million and will be completed by Mid May 2011. The contractor is on site and working.
Local Enterprise Participation (LEP) - 59.
SMME involvement (that is packages set aside of SMME) - 41.
Target Area 3 shall be the geographic area excluding Target Area 2 which falls within the Eastern Cape.
<fn>GOV-ZA.12En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.12July2011En.2012-02-10.en.txt</fn>
The department's superintendent general Dr Siva Pillay has ordered an internal probe into allegations that a Butterworth hospital doctor has allegedly manhandled two patients over the weekend. The on call casualty doctor is alleged to have assaulted a 17 year old patient whom he accused of not being cooperative.
It is also alleged that, the doctor tried to lock a 6 year old patient's head in between his legs during his consultation for a fractured arm. The patient was escorted by his mother who screamed for help prompting other patients and escorts to storm into the casualty consulting room baying for the doctor's blood. An off duty police officer intervened and locked the doctor in the consulting room. Police were called and the doctor was taken away by the police.
Meanwhile the mother of the patient who witnessed the incident involving her 6 year old being manhandled has since received psychological treatment from the hospital.
<fn>GOV-ZA.12May2011En.2012-02-10.en.txt</fn>
Nestlé Orphans and Vulnerable Children Assistance Program (NOVCAP) by third parties who have been reselling infant formula to non bona fide members of the community, Nestlé South Africa undertook a thorough audit of the missions in question. Nestle is also aware of the confusion that was created by the "NOT FOR RESALE "packs that were sold to missions. The Department of Health has an existing contract with Nestle to supply it with baby formula that is also branded 'NOT FOR RESALE'.
NOVCAP was launched in 2008 in partnership with Provincial Departments of Social Development.
Organisations to access infant formula at a reduced price for orphans and other vulnerable children.
Currently there are 70 beneficiaries of NOVCAP, 63 of which are orphanages or places of safety, and seven are churches.
South Africa has reviewed the programme concerning the missions.
In agreement with the Eastern Cape Health Department, Nestlé South Africa will request for the uplift of remaining stock from all seven missions and will replace with the retail packs.
RESALE packs to assist the authorities with traceability.
'Nestlé remains committed to assisting the authorities in improving the control of stock within State institutions and apologises for their part in this unfortunate set of circumstances that led to the arrests of the Roman Catholic priests', said Sullivan O' Carroll, Managing Director of Nestle South Africa.
The MEC of the Eastern Cape Department of Health, Mr. Sicelo Gqobana said 'he was ecstatic that an amicable solution has been found which complies with all parties involved in the interest of all people of the Eastern Cape and regrets the inconvenience caused'.
<fn>GOV-ZA.12april20071En.2012-02-10.en.txt</fn>
Public holidays and long weekends notwithstanding, the machinery of official statistics has continued producing and disseminating data required for monitoring, measuring, evaluating and planning social and economic development.
The past three weeks have seen the release of data from a number of core series, including consumer and production price indices, quarterly financial statistics for municipalities, and private sector and labour market data.
The latest information on the manufacturing sector was released yesterday, while data on production and sales in the mining sector is due to be published today.
These form part of the 240 statistical releases, reports and other forms of publications on economic, social and population statistics which Statistics SA produces and disseminates each year. The quality of the data produced is obviously an essential element of official statistics.
But dissemination - including the appropriateness of data for different users of statistics, formats used, different media used in distribution (paper, digital, Web-based, static and interactive data, different levels of geography to which data can be attached, for example) - is also a key element in the cycle of official statistics.
During the 2006 Commonwealth Conference of Statisticians, hosted by Stats SA in Cape Town, Ben Kiregnera, the chair of the board of directors at the Uganda Bureau of Statistics, voiced the widely held criticism of the immense number of tables and figures that characterise publications produced by statisticians.
"Water, water everywhere, but not a drop to drink" was the way he characterised an oversupply of often unusable statistical detail.
In seeking to address this well-placed criticism, Stats SA undertook research to establish areas of concern in the presentation of its statistical publications.
The consumer price index (CPI) and the general household survey (GHS) are the most widely used publications within the economic and population statistical work areas. These were used as a basis for research focusing on the areas highlighted above.
The process included consultation with users of the CPI and GHS publications through focus group sessions during stakeholder workshops.
While the primary purpose of the workshops was the annual celebration of African Statistics Day on November 18, they also presented an opportunity to elicit feedback from users.
The feedback received from this consultative process is being used to re-engineer Stats SA publications.
New branding and the changed presentation of tables have already been introduced.
The consolidation of the Headline and Rural CPI publications into one in January and the subsequent introduction of the CPI at a glance are other changes introduced as a result of these consultations.
In response to a call for more information accessible to non-specialist users, a concise version of the time series publications outlining key findings will be made available at embargo time, while the detailed version will be made available on the Stats SA website.
Another new facility will allow for the dissemination of key figures through use of SMS or text-to-cellphone functionality.
Continuous improvement to data quality has long been a Stats SA goal.
Now the ongoing enhancement of dissemination tools and functionality is being added to this goal, allowing users of statistics to choose how they want to access official data, how that information should be delivered and the format best suited to their particular needs.
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Last week Statistics SA announced that the value of retail trade sales at constant (2000) prices for the three months to May increased 8.4 percent, compared with the same period a year ago.
Similarly, retail trade sales, at constant (2000) prices for the period January to May increased 9.4 percent compared with the same period in 2003.
Furthermore, retail trade sales at constant (2000) prices for May 2004 increased 10.3 percent compared with May 2003.
What is the importance of this What are data from the survey of retail trade sales used for, and how are they compiled?
Why has Stats SA revised this data, and might they be revised again?
The results of the monthly retail trade sales survey are used to compile estimates of gross domestic product and its components, which are used in monitoring the state of the economy and in the formulation of economic policy.
These statistics are used in the analysis of comparative business and industry performance.
Retail trade includes the resale (sale without transformation) of new and used goods and products to the public for household use.
A retailer is defined as an enterprise deriving more than 50 percent of its turnover from sales of goods to the public for household use.
The survey covers retail enterprises - butchers, general dealers, bottle stores, dealers in clothing, footwear and textiles, dealers in furniture and household requisites, bookstores and stationers, jewellers, chemists, dealers in miscellaneous goods, and repairers of personal and household goods.
It is conducted by mail on a monthly basis.
Questionnaires are sent to a sample of about 3 000 enterprises from a population of about 28 000 enterprises. The value of sales is obtained monthly from the sample of 3 000 enterprises.
The retail industry is divided into four groups. All large enterprises (group one), which comprise about 11 percent of the enterprises in the current sample, are completely enumerated.
Simple random sampling is applied to group two (medium size), and to groups three and four, which are small enterprises. The total value of sales of the large enterprises is added to the weighted totals of groups two, three and four to reflect the total value.
In January 2003 Stats SA introduced a new retail sales survey using an upgraded business register.
The previous retail trade sales survey and the current one were run simultaneously from January 2003 to December 2003.
This was to ensure that the new survey was bedded in properly and to provide a set of factors that could be applied to the old series to revise previous estimates back to January 1998.
The new survey produced estimates of a significantly higher level and exhibited a distinctively different seasonal pattern.
Because this new seasonal pattern had only been established for a 12-month period, Stats SA was reluctant to introduce this new seasonal pattern into the old series.
Instead, it chose to use the January 2003 difference between the old and new series to back-cast the previous series.
Stats SA has revised the old series, taking into consideration the seasonal pattern established by the new collection (even though only 17 data points are available and 36 are usually required).
The effect of this change in methodology resulted in the revised series exhibiting the same year-on-year movements as the old series, but with month-on-month movements reflecting the seasonal pattern exhibited by the new series.
As more information becomes available, it may be necessary to modify this seasonal pattern.
Estimates from January 2003 onwards have not been affected by this revision, although January to March 2004 data have been revised.
Even though the current survey uses Stats SA's new business register as its sampling frame, it is now about two years old and, as a result, may not reflect structural changes that may have taken place over that period.
Measures are under way to construct a new frame from the business register with its reference period being the end of June 2004.
Pali Lehohla is statistician-general and head of Stats SA. For more information on Stats SA and its outputs, visit www.statssa.gov.
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The Constitution is the supreme law of the land. No other law or government action can supersede the provisions of the Constitution.
South Africa's Constitution is one of the most progressive in the world and enjoys high acclaim internationally.
President Thabo Mbeki and the Speaker of Parliament, Dr Frene Ginwala, during the Opening of Parliament in February 2003. The annual opening of Parliament sees the President delivering the State of the Nation Address in which government's programmes of action are outlined.
Fundamental rights are contained in Chapter Two of the Constitution and seek to protect the rights and freedom of individuals. The CC guards these rights and determines whether or not actions by the State are in accordance with constitutional provisions.
Government is constituted as national, provincial and local spheres, which are distinctive, interdependent and interrelated. The powers of the law makers (legislative authorities), governments (executive authorities) and courts (judicial authorities) are separate from one another.
Since the establishment of Parliament in 1994, a number of steps have been taken to make it more accessible. This has been done to make the institution more accountable, as well as to motivate and facilitate public participation in the legislative process. One of these steps has been the creation of a website (www.parliament.gov.za), which encourages comment and feedback from the public.
In 2002/03, 85 Bills were introduced and 69 Acts were produced. A total of 4 202 questions and 2 321 motions were processed. Some 21 806 people visited Parliament in 2002/03.
The National Assembly is elected to represent the people and to ensure democratic governance as required by the Constitution. It does this by electing the President, providing a national forum for public consideration of issues, passing legislation and scrutinising and overseeing executive action.
From 29 to 31 August 2003, President Thabo Mbeki visited the Western Cape as part of Imbizo, the Government's programme of interactive governance.
Imbizo is aimed at promoting participatory democracy and partnership with communities for reconstruction and development.
The Premier of the Western Cape, Mr Marthinus van Schalkwyk, and other senior provincial government officials accompanied the President, who also assessed the progress made by the Coalition Government of the Western Cape in delivering services to the people of the province.
President Mbeki visited, among other projects, the crime-prevention command centre in Goodwood, a land-reform project in Koekedouw, the People's Housing Process in Khayelitsha, the Mitchell's Plain Community Health Centre and the Mitchell's Plain Retail Park.
He also held meetings with representatives from Western Cape business, trade-union movements, churches, and non-governmental and community-based organisations.
The Imbizo followed a series of similar provincial visits to Limpopo, Eastern Cape, Free State, Gauteng and North West.
In the 1999 national election, the African National Congress gained 266 seats in the National Assembly, the Democratic Party 38, the Inkatha Freedom Party 34, the New National Party 28, the United Democratic Movement 14, the African Christian Democratic Party six, the Pan Africanist Congress three, the United Christian Democratic Party three, the Vryheidsfront/Freedom Front three, the Freedom Alliance two, the Afrikaner Eenheidsbeweging one, the Azanian People's Organisation one, and the Minority Front one.
From 21 March 2003, for a period of two weeks, members of the National Assembly and provincial legislatures were allowed to defect to other political parties without losing their seats in both houses, in accordance with the Constitution of the Republic of South Africa Amendment Act, 2003 (Act 2 of 2003).
The Act provides for three 'window' periods. The first one was a transitional arrangement consisting of a 15-day period starting on 21 March 2003. The second and third periods will be for 15 days each, from 1 to 15 September in the second and fourth years following the date of a national and provincial election.
The Act also allowed members of the two houses to retain their seats despite a change in membership from the party that nominated them to the Assembly or Legislature.
It also allows for such retention in the event of a merger, subdivision, or a merger of a subdivided party with another party.
The retention of membership will apply if the change of party membership, merger, subdivision and a merger of a subdivided party with another party takes place within specified periods - the so-called 'window' periods. After the last window period ended at midnight on 4 April 2003, the ANC had gained a two-thirds majority. It now has 275 of the 400 seats in the National Assembly.
The NCOP consists of 54 permanent members and 36 special delegates and aims to represent provincial interests in the national sphere of government. Delegations from each province consist of 10 representatives.
The NCOP gets a mandate from the provinces before it can make certain decisions. It cannot, however, initiate a Bill concerning money, which is the prerogative of the Minister of Finance.
NCOP Online! provides information on draft legislation and allows the public to make electronic submissions.
Thabo Mbeki was born on 18 June 1942 in Idutywa, Queenstown, in the Eastern Cape. He joined the African National Congress (ANC) Youth League at the age of 14 and in 1961 was elected Secretary of the African Students' Association. He was involved in underground activities after the banning of the ANC in 1960, until he left South Africa in 1962. He continued his studies in the United Kingdom (UK) and obtained his MA (Economics) at the University of Sussex. While in the UK, he mobilised the international student community against apartheid and worked at the London office of the ANC for several years. He also underwent military training in what was then the Soviet Union. From 1973, he worked in Botswana, Swaziland, Nigeria and Lusaka and became a member of the ANC's National Executive Committee in 1975. Between 1984 and 1989, he was Director of the ANC's Department of Information. He led the organisation's delegations, which met groups from inside South Africa in Dakar, Senegal and elsewhere. In 1989, he headed the delegation that held talks with the apartheid Government, which led to agreements on the unbanning of political organisations and the release of political prisoners. He also participated in negotiations preceding the adoption of South Africa's Interim Constitution in 1993. Following the first democratic election in 1994, Mr Mbeki was appointed Executive Deputy President. In 1997, he was elected President of the ANC and in June 1999, after the country's second democratic election, he succeeded Mr Nelson Mandela as President of South Africa.
Any Bill may be introduced in the National Assembly. A Bill passed by the National Assembly must be referred to the NCOP for consideration. A Bill affecting the provinces may be introduced in the NCOP. After it has been passed by the Council, it must be referred to the Assembly.
A Bill concerning money must be introduced in the Assembly and must be referred to the NCOP for consideration and approval after being passed. If the Council rejects a Bill or passes it subject to amendments, the Assembly must reconsider the Bill and pass it again with or without amendments. There are special conditions for the approval of laws dealing with provinces.
The Cabinet consists of the President, as head of the Cabinet, the Deputy President and Ministers. The President appoints the Deputy President and Ministers, assigns their powers and functions and may dismiss them.
The President appoints a member of the Cabinet to be the leader of government business in the National Assembly.
The President appoints Deputy Ministers from among the members of the National Assembly.
According to Chapter 12 of the Constitution, the institution, status and roles of traditional leadership, according to customary law, are recognised, subject to the Constitution.
The Directorate: Traditional Leadership and Institutions in the Department of Provincial and Local Government provides support to traditional leaders and institutions, and is responsible for the development of policy in this regard. It also renders an anthropological service, and provides advice and support to traditional leadership and institutions with regard to governance and development matters. It advises and supports the National House of Traditional Leaders and maintains a database of traditional leaders and institutions.
the identification of a role for traditional leadership, as an institution at local level, on matters affecting local communities the reform of the entire institution to restore the legitimacy it once enjoyed prior to the distortions introduced by the colonial and apartheid regimes the transformation of the institution generally, particularly the restoration of its character as an institution founded on custom, culture and tradition of the people reform of the institution so that it embraces some of the basic tenets underpinning the Constitution, such as equality and democracy.
The White Paper on Traditional Leadership and Governance was widely consulted on, through workshops and public hearings, with a range of stakeholders, organisations and interest groups.
The Minister for Provincial and Local Government, Mr Sydney Mufamadi, established the White Paper Task Team and the Political Reference Team to assist with the finalisation of the White Paper in June 2003. Together with the Draft Traditional Leadership and Governance Framework Bill, which was prepared by the Department, the White Paper was presented to the Cabinet on 25 June 2003. Both the White Paper and Bill were approved.
In April 2003, the Minister for Provincial and Local Government, Mr Sydney Mufamadi, called for nominations for the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.
The Commission aims to promote respect for and protect the rights of all communities in South Africa.
The names of the 18 members of the Commission were announced at the end of September 2003.
disputes regarding the legitimacy of otherwise incumbent traditional leaders.
Section 81 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), was amended during 2000, providing enhanced representation of traditional leaders in municipal councils. They enjoy 20% representation.
The Constitution mandates the establishment of Houses of Traditional Leaders by means of either provincial or national legislation. Provincial Houses of Traditional Leaders have been established in all six provinces which have traditional leaders, namely the Eastern Cape, KwaZulu-Natal, the Free State, Mpumalanga, Limpopo and the North West.
The National House advises national government on the role of traditional leaders and customary law. It may also conduct its own investigations and advise the President at his request.
In accordance with the Constitution, each of the nine provinces has its own legislature, consisting of between 30 and 80 members. The number of members is determined in terms of a formula set out in national legislation. The members are elected in terms of proportional representation.
Decisions are taken by consensus, as in the national Cabinet.
Government system may adopt a constitution for its province if two-thirds of its members agree. However, a provincial constitution must correspond with the national Constitution as confirmed by the CC.
agriculture casinos, racing, gambling and wagering cultural affairs education at all levels, excluding university and university of technology (technikon) education environment health services housing language policy nature conservation police services provincial public media public transport regional planning and development road-traffic regulation tourism trade and industrial promotion traditional authorities urban and rural development vehicle licensing welfare services.
These powers can be exercised to the extent that provinces have the administrative capacity to assume effective responsibilities.
abattoirs ambulance services liquor licences museums other than national museums provincial planning provincial cultural matters provincial recreation and activities provincial roads and traffic. The President's Co-ordinating Council (PCC) is a consultative forum where the President discusses issues of national, provincial and local importance with the Premiers.
enhancing the role of provincial executives with regard to national policy decisions strengthening the capacity of provincial governments to implement government policies and programmes integrating provincial growth and development strategies within national development plans improving co-operation between national and provincial spheres of government to strengthen local government improving co-operation on fiscal issues ensuring that there are co-ordinated programmes of implementation and the necessary structures in place to address issues such as rural development, urban renewal and safety and security.
Local governments have been given a dynamic role. They are no longer purely instruments of service delivery, but are also assigned a key role as agents of economic development.
The relationship between the three spheres of government is outlined in Chapter Three of the Constitution, which requires Parliament to establish structures and institutions to promote and facilitate intergovernmental relations.
In accordance with the Constitution and the Organised Local Government Act, 1997 (Act 52 of 1997), (which formally recognises organised local government and the nine provincial local government associations), organised local government may designate up to 10 part-time representatives to represent municipalities and participate in proceedings of the NCOP.
The largest increases in national government's 2002 Budget were in transfers to the local sphere, rising by 26% a year from 2001/02 to 2004/05. Total allocations rose from R6,6 billion in 2001/02 to R8,8 billion in 2002/03, and will increase to R12,0 billion in 2003/04 and R13,2 billion in 2004/05.
Allocations for local government infrastructure transfers rose from R3,4 billion in 2002/03 to R4,1 billion in 2003/04 and R4,6 billion in 2004/05. This represents an average annual increase of 27% between 2001/02 and 2004/05.
Government's commitment to assisting municipalities with poverty relief, primarily through the provision of free basic services to impoverished households, is made clear by substantial increases in the equitable share grant - from R4,0 billion in 2002/03 to R6,3 billion in 2003/04 and R7,1 billion in 2004/05.
As part of the local government equitable share, R1 122 million (R822 million for free basic services and R300 million for free basic electricity/energy) will be made available to municipalities. The roll-out started on 1 July 2003. Free basic water was rolled out from 1 July 2001.
SALGA represents the interests of local government, in the country's intergovernmental relations system, with a united voice.
promote sound labour-relations practices that can achieve high levels of performance and responsiveness to the needs of citizens represent, promote, protect and articulate the interests of local government at national and provincial levels, in intergovernmental processes, and in other policy-making forums build the capacity of local government to contribute towards a developmental democratic governance system that addresses and meets basic human needs.
SALGA is funded through a combination of sources. These include a percentage share of the national revenue allocated to local government, membership fees from municipalities, and donations and grants from a variety of sources that fund specific projects.
The Constitution provides for three categories of municipalities.
As directed by the Constitution, the Local Government: Municipal Structures Act, 1998 contains criteria for determining when an area must have a Category A municipality (metropolitan municipalities) and when municipalities fall into categories B (local municipalities) or C (district areas or municipalities). The Act also determines that Category A municipalities can only be established in metropolitan areas.
The Municipal Demarcation Board determined that Johannesburg, Durban, Cape Town, Pretoria, East Rand and Port Elizabeth be declared metropolitan areas.
Metropolitan councils have a single metropolitan budget, common property rating and service-tariff systems, and a single employer body. South Africa has six metropolitan municipalities, namely Tshwane, Johannesburg, Ekurhuleni, Ethekwini, Cape Town and Nelson Mandela, 231 local municipalities, and 47 district municipalities.
Metropolitan councils may decentralise powers and functions. However, all original municipal, legislative and executive powers are vested in the metro council.
In metropolitan areas there is a choice of two types of executive systems: the mayoral executive system where executive authority is vested in the mayor, and the collective executive committee where these powers are vested in the executive committee.
Non-metropolitan areas consist of district councils and local councils. District councils are primarily responsible for capacity-building and district-wide planning.
The Local Government: Municipal Systems Act, 2000 (Act 32 of 2000), established a framework for planning, performance-management systems, effective use of resources and organisational change in a business context.
The Act also established a system for municipalities to report on their performance, and gives an opportunity for residents to compare this performance with others.
Public-private partnerships are also regulated by the Act. It allows municipalities significant powers to corporatise their services, establish utilities for service delivery, or enter into partnerships with other service-providers.
In February 2001, President Thabo Mbeki, in his address to Parliament, announced details of the Integrated Sustainable Rural Development Programme (ISRDP) and the Urban Renewal Strategy (URS). The URS in particular, includes a multidisciplinary approach to dealing with crime.
A number of key stakeholders, such as the National Coalition for Municipal Service Delivery, the Umsobomvu Youth Fund and the World Bank are also partnering with government to support the programmes.
By February 2003, government had made R65 million available for institutional capacitybuilding in the ISRDP nodes. A number of Planning Implementation Management Support (PIMS) centres were also established with the aim of using them as a support base for the development of local project-management capacities. Government is investigating the possibility of using PIMS centres as a base for the provision of institutional support and training to community development workers.
By February 2003, a total of 350 anchor projects had been identified in a variety of sectors. In the ISRDP, 68% of the projects are infrastructure-related, while projects focusing on social development and capacity-building make up 10% and 14% respectively.
This trend is similar to the URS - 66% of the projects are related to infrastructure, 21% to economic development and 6% to social development.
During the 2002/03 financial year, a total of R960 million was allocated to the implementation of anchor projects in rural nodes. Some R2,1 billion was allocated to municipalities that are home to urban renewal nodes, and part of this was to be used for the implementation of anchor projects.
control policy by municipalities that will provide for the termination of services in the event of non-payment. Municipalities will have the power to pass bylaws to implement the policy.
Currently, the rationalisation of old-order legislation is being investigated.
To complete the legal framework necessary for the new system of local government, two key pieces of legislation were introduced to Parliament during 2003, namely the Property Rates Bill and the Municipal Finance Management Bill.
The Property Rates Bill proposes the reform of the property-rating regime, bringing in innovation in administration, and thus improving revenue collection at local level. Once enacted, the legislation will be implemented over a four-year period. A process to rationalise 'old order' local-government legislation in consultation with the provinces is also under way, and is expected to be completed in 2004.
The Municipal Finance Management Bill is aimed at modernising municipal budgeting and financial management. It facilitates the development of a long-term municipal lending/bond market. It also introduces a governance framework for separate entities created by municipalities.
The Municipal Finance Management Bill is a critical element in the overall transformation of local government in South Africa. The basic philosophy underlying the approach to municipal finance in the Bill is to allow 'managers to manage and to be held accountable', while councillors are provided with information necessary to set overall policy and priorities for the municipality.
The Bill fosters transparency at the local government sphere through budget and reporting requirements.
National and provincial government departments are continuing to formulate programmes that constitute support for local government.
The CMIP aims to provide basic levels of service to improve the quality of life of ordinary people. The Programme enhances the developmental impact of the delivery process by focusing on the transfer of skills and promotion of small, medium and micro enterprises, using labour-intensive construction processes and maximising job-creation opportunities. The CMIP also aims to enhance long-term sustainability and rapid improvement of delivery through a capacity-building programme that will strengthen the institutional ability of municipalities, including their local management and operation and maintenance capacities. Tangible results and visible impact on the poor communities, leading to improvement in the quality of life, have been achieved.
By March 2003, approximately six million households that previously had no access or only limited access to a basic level of service were benefiting from the CMIP, receiving water, sanitation, roads, storm water, solid waste, and community lighting facilities. Greater support has been given to rural development, with 53% of CMIP funds allocated to projects in these areas.
The use of labour-intensive construction methods has created about 11 million workdays of temporary and permanent employment for local labourers, particularly for single-headed households, women, youth and the disabled. The CMIP supports the Housing Programme, Integrated Sustainable Rural Development Programme and Urban Renewal Strategy. An amount of R400,7 million has been allocated to the CMIP during the 2003/04 financial year for funding in the nodal areas.
The MIIU is a non-profit company created in 1998 to help municipalities find innovative solutions to critical problems in the financing and management of essential municipal services. The MIIU receives grant funding to provide technical assistance to local governments pursuing municipal-service partnerships, including long-term concession contracts, build-operatetransfer agreements, management contracts and other partnerships with public and private entities. Since its establishment, the MIIU has assisted in finalising projects with a contract value of more than R6 billion.
The Municipal Systems Improvement Programme provides direct assistance to municipalities for capacity-building and for implementing new systems required by localgovernment legislation. Planning, Implementation and Management Support Centres, in district municipalities in particular, are funded to assist with the preparation of Integrated Development Plans (IDPs) in line with municipal budgets. This grant assists municipalities to pilot performance management and monitoring systems, and will complement other initiatives by the National Treasury aimed at building municipal financial-management capacity and implementing budget reforms.
For the medium term, plans are in the pipeline to rationalise infrastructure transfers to local government and to make the system of transfers more simple, predictable, policy-sensitive and fair. The phased transition to a formuladriven infrastructure grant disbursement mechanism is referred to as the MIG. The MIG will be created through the merger of the CMIP, the Local Economic Development (LED) Fund, the Water Services Project, the Community-Based Public Works Programme (CBPWP) and the Municipal Sports and Recreation Programme (MSRP). The consolidation will be phased in over a three-year period, beginning with an allocation of R50 million in 2003/04 for the piloting of the consolidated MIG in selected municipalities. Although full consolidation is targeted for the 2006/07 financial year, some grants, such as the CMIP which forms the core of the MIG, may be phased in sooner. The inclusion of the LED, CBPWP and MSRP is subject to the Cabinet review of all poverty-relief programmes.
The Grant is intended to assist municipalities with providing basic municipal infrastructure and community services to low-income households and promoting economic development.
The Campaign is aimed at inviting all sectors of society to participate in the process of drawing up a moral charter to encourage good ethical behaviour.
The MRM, which was launched in April 2002, is a multisectoral organisation that co-ordinates the country's moral renewal programmes at every level.
In line with the holistic and intersectoral approach of the MRM, moral regeneration has become an integral part of the work of government.
Public Service. The MRM is also participating with other national initiatives such as the Freedom Park Trust in cleansing and healing ceremonies that seek to symbolically repair the soul of the nation.
Collaboration is taking place between the MRM, the South African Chapter of the African Renaissance and the Indigenous Knowledge Systems of South Africa, in linking moral regeneration with the Indigenous Knowledge Project.
identified by the National Treasury and the Auditor-General.
The MIG is a conditional grant and municipalities will have to achieve a number of output conditions, including the attainment of service-coverage targets and employment creation. The role of national government will be to support, monitor policy outcomes and regulate infrastructure investments.
LED programmes are designed to create employment and economic growth with the aim of alleviating poverty through municipality-led initiatives and projects. It is a way of improving links with government's other household, social, and economic-infrastructure programmes.
LED programmes and the Social Plan Grant assisted 109 municipalities with funding for 95 local-development initiatives in 2002/03, creating 1 400 job opportunities.
In terms of the Municipal Systems Act, 2000, all municipalities are required to prepare IDPs, with the aim of promoting integration by balancing social, economic and ecological pillars of sustainability without compromising the institutional capacity required in the implementation thereof, and by co-ordinating actions across sectors and spheres of government.
It is a process by which municipalities prepare a five-year strategic plan that is reviewed annually in consultation with communities and stakeholders. The Department of Provincial and Local Government is developing a supporting intergovernmental planning framework which will provide greater clarity as to the type and role of appropriate planning at each government level. The framework will entail policy work as well as practical initiatives such as the IDP Nerve Centre, which will provide an information-co-ordination service to strengthen intergovernmental planning.
The vision of Government Communications (GCIS) is to make an indispensable and widely valued contribution to society, working with government for a better life for all, by meeting government's communication needs as well as those of the public.
Communication Service Agency, which is responsible for the production and distribution of government information products (including the South Africa Yearbook and Pocket Guide to South Africa) and the bulkbuying of advertising space.
Government and Media Liaison, which is responsible for strengthening working relations between the media and government, as well as the international promotion of South Africa. It is also responsible for BuaNews, a government news service.
Policy and Research, which contributes to the development of policy in the fields of media, communication and informationmonitoring of government policy in general from a communication perspective.
Information Management and Technology, which is responsible for providing access to government information through the website Government Online (www.gov.za).
Provincial and Local Liaison, which provides development communication and information to South Africans to ensure that they have public information that can assist them in becoming active citizens.
Corporate Services, which provides administration, financial management, and administrative services and human resource administration and development.
GCIS is central in developing communication strategies and programmes for each of the transversal campaigns of government. It also assists departments with specific campaigns and events, as well as setting up departmental communication structures.
GCIS is leading an intersectoral process to set up Multi-Purpose Community Centres (MPCCs) in every municipality in the country, each one providing information on accessing government services, as well as offering some government services at the Centres themselves.
By November 2003, there were 48 operational MPCCs. It is expected that there will be 60 operational MPCCs by March 2004.
A process of establishing MPCCs in each municipality by 2010 is under way. An implementation strategy has been formulated to achieve this objective.
GCIS is also involved in the Media Development and Diversity Agency. It played a major role in the development of the new coat of arms that was launched on 27 April 2000 and the redesign of the National Orders. (See Chapters 5 and 6: Arts and culture and Communications.
The IMC of South Africa is a public-private sector partnership to develop and sustain meaningful co-operation between organisations involved in the marketing of South Africa. Members of the Council's Board act as advocates for South Africa, advise the Cabinet Committee on International Relations, and provide the Council's operational team with strategic guidance.
the establishment of a brand for South Africa that positions the country in terms of its investment and creditworthiness, exports, tourism and international-relations objectives the establishment of an integrated approach in government and the private sector for the international marketing of South Africa the building of national support for the brand within South Africa itself.
In October 2002, the Council launched its slogan, Alive with Possibility, which is used to promote South Africa around the world.
the Communication Resource Centre enhances South Africa's response to national and international media coverage about the country the Information Resource Centre collects, collates and makes accessible a vast spectrum of positive information about South Africa launched in August 2002, www.safrica.info is a unique, comprehensive and official national gateway to the country for national and international Internet users building national pride is a key focus as the IMC encourages South Africans at home and abroad to fly the flag in thought, word and deed.
The IMC emphasises ongoing relationshipbuilding and campaign integration among the international relations, investment, trade and 'national pride' organisations in South Africa.
In April 2003, the Independent Electoral Commission of South Africa hosted a continental conference on democracy, elections and governance. The theme of the conference was Strengthening Africa's Partnerships.
constitutions and electoral processes the role of African observer missions acceptance of election results multiparty democracy and its relevance in Africa governance issues.
Some 350 delegates from 48 African countries including representatives of electoral-management bodies, scholars, experts, governments, non-governmental organisations and other civilsociety stakeholders attended.
The importance of co-operative governance and intergovernmental relations in South Africa is reflected in Chapter Three of the Constitution, which determines a number of principles.
Section 41(2) of the Constitution specifically determines that an Act of Parliament must establish or provide for structures and institutions to promote and facilitate intergovernmental relations. It should also provide for appropriate mechanisms and procedures to facilitate the settlement of intergovernmental disputes. The Department of Provincial and Local Government is developing this framework, and the relevant Bill was expected to be introduced to Parliament during the second half of 2003.
A number of intergovernmental structures promote and facilitate co-operative governance and intergovernmental relations between the respective spheres of government.
The PCC, comprising the President, the Minister for Provincial and Local Government, and the nine Premiers.
Ministerial Clusters, Directors-General Clusters and the Forum of South African Directors-General, which promote programme integration at national and provincial level.
Ministerial forums (or MinMecs) between responsible line-function Ministers at national level and their respective counterparts at provincial government level, which normally meet on a quarterly basis. These forums are supported by technical committees.
A number of intergovernmental forums that facilitate co-operative government and intergovernmental relations.
The Constitution of South Africa places all elections and referendums in the country in all three spheres of government (national, provincial and local) under the control of the Independent Electoral Commission (IEC), established in terms of the IEC Act, 1996 (Act 51 of 1996).
National and provincial elections were held on 2 June 1999. Registered voters totalled 18,1 million, representing a turnout of 89%. Of the 16 political parties that took part in the national elections, 13 are represented in Parliament, based on the election results.
The next national election will be held in 2004. Voter registration took place in the various voting districts on 8 and 9 November 2003.
On 5 December 2000, South Africans went to the polls to elect local representatives. Registered voters totalled 18,5 million with a turnout of 48,08%. Seventy-nine parties nominated 30 477 candidates of whom 16 573 were party-list and 13 214 ward candidates. Six hundred-and-ninety were independent candidates.
Disaster management is a continuous and integrated multisectoral, multidisciplinary process of planning and implementing measures aimed at preventing or reducing the risk of disasters; mitigating the severity of the consequences of disasters; emergency preparedness; a rapid and effective response to disasters; and post-disaster recovery and rehabilitation.
The National Disaster Management Centre (NDMC) was constituted to promote an integrated and co-ordinated system of disaster management, with special emphasis on prevention and mitigation by national, provincial and municipal organs of State, statutory functionaries, other role-players and communities.
specialising in issues relating to disaster management monitoring compliance with the Disaster Management Act, 2002 (Act 57 of 2002), and the National Disaster Management Framework acting as a central repository for information concerning disasters, impending disasters and disaster management initiating and facilitating efforts to make funding available for disaster management liaising and co-ordinating all activities with provincial and local disaster-management offices.
The Disaster Management Act, 2002 was promulgated on 15 January 2003. The implementation of the Act will be phased in over two years, taking into account capacity limitations in provincial and local spheres.
The Public Service continues to build on the policy and regulatory reforms it has put in place since 1994. In particular, the Department of Public Service and Administration continues to implement the wage policy developed in 1999, including a major review of macrobenefits. An incentive policy framework has been developed. A competency framework and performance-management system for the Senior Management Service (SMS) are being implemented. The Human Resource (HR) Development Strategy for the Public Service is under implementation, including a system of learnerships and the internship programme. Minimum standards on the management of HIV/AIDS in the workplace have been promulgated. The Country Corruption Assessment for South Africa was released.
The policy and strategy of batho pele (people first) continues to underpin the support provided to other departments by the Department of Public Service and Administration.
By 31 December 2002, the Public Service had 1 040 506 people in its employ, representing a 0,86% difference and an increase of 8 912 from the total employment as on 31 December 2001. With regard to the share of personnel in the Public Service sectors, 62% are attached to the social services sector (health, social development and education), followed by 17,3% in the Criminal Justice Cluster, 13,6% in the Governance and Administration (G&A) Cluster, and 7,1% in the Defence and Intelligence Clusters.
Resolution 7 of 2002 came to an end on 12 September 2003. The aim of this Resolution was to restructure the Public Service in terms of human resources, to enable the most effective and efficient delivery of services. Phase one of the programme has been completed. Phase two deals with excess employees not accommodated during the redeployment. Restructuring in the Public Service, however, is an ongoing process and a framework will be established to guide its ongoing transformation and restructuring.
All excess employees who were unsuccessful in the redeployment process as at 12 September 2003, were placed in a special programme and assigned to defined centres by the employer. By that date, government had 20 958 excess employees, including South African National Defence Force personnel, and 20 313 vacancies. Of the 20 313, there were 5 279 non-funded vacancies and 15 034 funded vacancies. Overall, the majority of excess personnel were from the agricultural sector while the majority of vacancies were in the health sector.
At the beginning of the process the total number of excess employees was 28 744. This number was reduced through internal appointments, voluntary packages (2 507), resignations (746), employment in other departments (2 311) and early retirement (23). Departments further reviewed their human resource plans and further absorbed (2 199) within their respective structures.
A special programme, which was expected to run until May 2003, focused on the reskilling of employees and also facilitated absorption into future departmental vacancies.
Employees who were not successful in this programme were eligible for the employerinitiated severance package. Employees may, however, choose to exit the Public Service earlier rather than join this special programme, by applying for a severance package.
Government has a range of institutions that render services to citizens. These institutions are generally referred to as the public sector and range from national and provincial government departments, constitutional institutions, and national and provincial public entities.
The Cabinet has approved a process for the creation of public entities as part of an overarching framework for service delivery.
The Department of Public Service Administration and the National Treasury have developed a business plan to review all public entities reporting to national government departments, excluding constitutional bodies and commissions.
As at 28 February 2003, the recorded number of public entities totalled 336 and in the 2003/04 financial year, national government allocated approximately R15 billion towards these entities.
The review is expected to be finalised by May 2004.
In August 2003, the Cabinet approved the rollout of CDWs. They are an additional type of public servant (different to the mainline public servant or local government official); skilled facilitators who will bridge the gap between government services and the people. These public servants will assist citizens with matters such as birth certificates, identity documents (IDs), social-grant applications and small business start-ups, on their own doorsteps and in their own communities.
Recruitment procedures for CDWs will be customised according to local and other provincial specifications. The job description designed for CDWs calls for a minimum requirement of Grade 12 or equivalent prior learning. CDWs will go through a learnership phase that includes thorough training before their formal appointment. Remuneration will correspond with their levels of appointment and phase of operation.
On 1 October 2003, the South African Management Development Institute (SAMDI) started rolling out training for the CDWs. They will use a specific and practical training intervention that responds to real community issues.
Training will be supplemented by a toolkit that CDWs can use in their day-to-day operations. The training includes a Participatory Rural Appraisal, a technique that broadly covers community-needs assessment, public facilitation, project management, communication and conflict resolution. The training will be enhanced by the inclusion of a simulated project component.
Gauteng will be the first province to deploy the group of 40 trained CDWs, followed by Limpopo, North West and the Eastern Cape.
Government's programme of creating a better life for all requires capable institutions that can deliver on priorities identified. The Integrated Provincial Support Programme (IPSP) continues to support five provincial administrations in enhancing the performance of selected institutions. The Programme focuses on service-delivery improvement; capacity-building; learning by doing cross-pollination and the sharing of experiences in the quest to deeply entrench sound public-administration practices; an ethos of good governance; and the delivery of services.
In Limpopo, the IPSP has contributed to a better functioning Department of Public Works, which has won a number of awards for service excellence. The IPSP has also helped to put in place a model for taking services provided by the South African Police Service (SAPS) to remote rural areas, through an effective mobile unit in the former Venda area.
Similar achievements can be reported about other provinces, including turning Ezemvelo KZN Wildlife in KwaZulu-Natal into a capable ecotourism facility. The Eastern Cape managed, through IPSP support, to create a mobile mechanism for registering Child Support Grant beneficiaries in remote rural areas. It has established a solid reliable warehouse for electronically captured social-grant files. About 1,8 million social-grant files have been captured in the province through this system.
A special intervention to support the Eastern Cape Provincial Government with service delivery and governance challenges commenced in November 2002. Turnaround strategies are being implemented in the Departments of Education, Health, Welfare, and Roads and Public Works.
There is also an increasing focus on promoting learning and knowledge management. To this end, a number of platforms have been established, including national and provincial learning networks; an annual learning academy bringing together public-service front-line managers; the annual Public Management Conversation involving local senior managers, academics and selected international contributors; and a Service-Delivery Review Journal in which experiences about service-delivery improvement efforts are shared.
The vision of government is to promote integrated seamless service delivery. This is done within the Batho Pele policy of government, as promulgated in 1997. The batho pele principles are applied as the basis for service delivery. Various projects are being implemented to give full realisation to the improvement of service delivery. The e-Gateway project aims to establish a single electronic gateway that will facilitate access to all information and services being provided by government.
A key initiative in terms of batho pele is to modernise government.
The Acting Director-General of the Public Service Commission at the time, Prof. Richard Levin, presented the results of the Citizen Satisfaction Survey to the Portfolio Committee on Public Service and Administration in April 2003.
The Survey was conducted in the Departments of Education, Health, Housing and Social Development across the nine provinces.
accommodate citizens' desire to be consulted about services rendered to them identify key factors that have an influence on the satisfaction of citizens in general determine the level of services desired by citizens measure actual service delivery against expectations with the aim of identifying gaps identify and highlight areas that have to be prioritised for improvement provide a basis for comparison or benchmarking service delivery within a department and between other departments.
Based on the overall Citizen Satisfaction index score, the Survey revealed that generally citizens felt that their expectations were largely met. However, citizens who participated in Adult Basic Education and Training, life skills education, antenatal care, and social security grants were far more likely to feel that their expectations were being met by the Departments of Education, Health, and Social Development, respectively. Citizens who received services pertaining to outcome-based education (Department of Education), emergency medical services (Department of Health), internal housing-delivery services or a housing subsidy (Department of Housing), or from social workers, non-governmental organisations and social-development projects (Department of Social Development) felt that their expectations were being met.
Public-Service Innovation (CPSI) to encourage service-delivery innovation in the Public Service. The work of the CPSI focuses on using innovative means to achieve outcomes in sustainable service-delivery partnerships, influencing the work culture within government and developing an environment supportive of innovation. The role of the CPSI is primarily to function as an enabler, facilitator and champion of innovative ideas.
New service-delivery mechanisms are also being implemented, such as the MPCCs, Shared Services and One-Stop Centres. The Department has also produced the Directory of Public Services, which provides information to citizens on the points of service delivery.
The results of the Personnel Expenditure Review in 1999 highlighted a need to review a number of public-service practices and systems. The purpose of this Review was to highlight problem areas and help identify opportunities where innovation could result in the release of available resources to fund other development programmes in line with the national reconstruction and development framework.
The review of conditions of service for SMS members. Agreement was reached to determine conditions of service of SMS members outside the normal bargaining structures. A revised and inclusive remuneration structure has been introduced for members of the SMS.
The review of macrobenefits in the Public Service with special focus on medical aid, housing, leave and pension arrangements, with a view to ensuring efficiency, adequacy, equity and administrative justice. Task teams comprising parties to the Public Service Coordinating Bargaining Council (PSCBC) were established to facilitate the review process. In December 2002, an agreement was concluded on pension restructuring. The Resolution resolves to amend the Rules of the Government Employee Pension Fund to make provision for, inter alia, an improved benefit structure, a new employer-contribution arrangement, new arrangements to expedite the appointment of the Board of Trustees, and new arrangements for the recognition of pensionable years of service for former members of the non-statutory forces and employees disadvantaged by past discriminatory employment practices.
Work has commenced on medical aid restructuring.
Agreement has been reached to discontinue with rank- and leg-promotion (with effect from 1 July 2001) in favour of a performance-based pay progression system. An Incentive Policy Framework, incorporating pay progression, grade progression and performance incentives has been introduced, effective from 1 April 2003. The first pay progression based on the outcome of performance assessments was effected on 1 July 2003.
The review of collective bargaining structures in the Public Service to clearly define roles, responsibilities and issues to be negotiated at national, sectoral or departmental level.
The development of a national strategy to facilitate the mitigation of the impact of HIV/AIDS on service delivery.
The Public Service Anti-Corruption Strategy has been approved by the Cabinet for implementation over a three-year period. To inform and support the implementation phase, new anti-corruption legislation has been introduced in Parliament and there are processes to assess departments' capability to deal with corruption, gauge the extent of corruption and build further institutional capacity. Particulars of the Strategy are available on the website of the Department of Public Service and Administration (www.dpsa.gov.za).
The overall goal of the SMS initiative is to improve government's ability to recruit, retain and develop quality managers and professionals.
a modernised employment framework consisting of improved terms and conditions of service mechanisms to improve interdepartmental mobility of senior managers and professionals uniform Performance Management and Development Systems supported by a competency framework improved and competency-based recruitment and selection processes the institution of a higher ethical conduct through the disclosure of financial interests focused training and development interven tions. The second SMS conference was held in September 2003 in Port Elizabeth, Eastern Cape. The theme of the conference was Towards an Integrated Public Service.
The Public Service HR management systems propagate the inculcation of a culture of performance, hence the emphasis on strategic and HR planning and the development of human-capital capacity.
The Competency Framework for Senior Managers has been introduced to improve the quality of managers and professionals employed in the Public Service. This Framework links directly with performance management, training and development as well as recruitment and selection. Initiatives are under way to develop a similar competency framework for middle managers and lower ranks. It will also involve submitting proposals on how to accelerate the development of middle managers and prepare them for senior-management positions.
The State as employer has a responsibility to comply with the laws of the country on representivity. To this end, the Public Service Regulations require that heads of departments conduct strategic planning sessions to inform their annual plans (e.g. service-delivery, HR, recruitment, training and development, and change-management strategies) in accordance with their delivery programmes.
The Human Resource Development (HRD) Strategy for the Public Service builds on the foundation put in place by the National Skills Development Strategy and the National HR Development Strategy for South Africa. The Strategy has been approved by the Cabinet for implementation.
full commitment to promote HR development in all public-service institutions the establishment of effective strategic and operational planning in the Public Service the establishment of competencies that are critical for service delivery in the Public Service effective management and co-ordination of developmental interventions in the Public Service.
The roll-out of the Public Service HRD Strategy commenced in 2003.
The development of workplace-policy frameworks and the definition of minimum standards. A framework to ensure the establishment of work environments conducive to preventing and mitigating the impact of HIV/AIDS in the workplace was agreed upon at the PSCBC. To provide relevant terms of reference for the users of the framework, minimum standards were defined and promulgated as part of the working-environment provisions in the Public Service Regulations.
The review of service conditions to ensure that there is consideration of the potential impact on medical-aid provisions, pension arrangements, management of incapacity leave and ill-health retirements, and to ensure that public servants enjoy an acceptable level of care and support.
The identification and provision of support, capacity development and training as part of the broader processes to manage the impact of HIV/AIDS on the Public Service.
The review of current legislation and policy documents to eliminate any forms of discrimination and ensure relevance.
A comprehensive implementation strategy was developed, which focuses on the implementation of the workplace-policy framework and minimum standards, facilitating the development and implementation of departmental workplace policies and continuously monitoring and evaluating the progress achieved by departments.
The Department of Public Service and Administration has published the National Minimum Information Requirements (NMIRs), which identify the information required at a strategic level which departments must ensure is kept accurate and up to date. The National Treasury, in conjunction with the Department, developed a diagnostic toolkit to assess a department's compliance with the NMIRs and to identify factors that contribute to the lack of compliance. This toolkit has been applied with success in various departments.
The Department, in partnership with the National Treasury, is engaged in a process to investigate the modernisation and upgrading of HR management-information systems.
Since 2002, departments have had to publish, as part of their annual reports, a statistical report with regard to HR-management practices.
The GITO Council was created to serve as an information technology (IT) co-ordination and consolidation vehicle in government, and as a radar that will assist in informing the Government, on a continuous basis, when and how to intervene in the interest of enhanced service delivery to citizens. It is premised on the requirement that each government IT officer is part of the executive team in the respective organ of State, and responsible for the departmental or provincial IT strategy and plan.
The GITO Council has been involved in the investigation, formulation and development of an IT security-policy framework, e-government policy and strategy, and IT procurement guidelines. It also monitors government IT projects to eliminate duplication.
The GITO Council has formed a workgroup to investigate and make recommendations on the use of open-source software in government. Another workgroup looked at knowledge management in government.
The Office of the Government Chief Information Officer in the Department of Public Service and Administration has been interacting with departments on their projects and reporting to the GITO Council on a regular basis to facilitate project co-ordination. All egovernment projects will be brought in line with the objectives of the Gateway project.
The Draft e-Government Policy has been subject to bilateral consultations with specific departments to ensure that the concerned departments can implement policy statements.
The Draft Policy outlines the mission and vision of the South African Government with regard to electronic service delivery, challenges and mechanisms of effecting service delivery based on citizens' life expectations/events, and the necessary institutional framework to realise e-government.
e-Government regulations, which will form a new Chapter of the Public Service Regulations, were developed and approved by the GITO Council in November 2001. These Regulations seek to enforce interoperability and information security across all government departments at all levels.
A set of standards to guide government-wide interoperability were agreed upon by the GITO Council in January 2002. A process is under way to develop an e-Government Act to facilitate the implementation of the Gateway project. A study has been done by the Gateway legal advisors who identified the need for legislative intervention to facilitate this process. The e-Government Act is expected to be completed by the first quarter of 2004.
The restructuring of SITA has been completed as approved by the Cabinet.
SITA D, ring-fencing the affairs of the Department of Defence.
SITA C, taking care of the affairs of all other national and provincial governments.
SITA e-Services, which is responsible for transforming the way in which government conducts its business. It is also the single channel for procurement of government IT and related services through its IT Acquisition Centre.
The SITA Act, 1998 (Act 88 of 1998), has been amended primarily with the purpose of entrenching the basic principles of the IT 'house of values' and to improve the governance of SITA.
The focus of SITA remains on service delivery to its client base through adherence to the principles as embedded in the IT 'house of values'. Improved co-ordination of requirements and interoperability will become the order of the day, resulting in the elimination of duplication and leveraging the buying power of government.
The first phase of the Government Common Core Network has been completed. It provides a single integrated Wide Area Network for all government departments, eliminating the 13 networks in existence. Various other initiatives to achieve economies of scale are in the tender adjudication phase.
SITA remains committed to the promotion of openness and fairness during procurement, and to the socio-economic responsibility of advancing Black Economic Empowerment. Particular attention is given to ensuring the regional distribution of spending, and skills development.
In line with the provisions of the SITA Act, 1998, as amended, national departments and provincial governments continue to integrate their services into SITA.
The Minister of Public Service and Administration, Ms Geraldine Fraser-Moleketi, is the chairperson of the Pan-African Conference of Ministers of Public Service. At the fourth Conference, participating Ministers and delegations from across Africa approved the Pan-African Governance and Public Administration Programme, to be implemented within the broad framework of the New Partnership for Africa's Development (NEPAD).
The Programme is governed by a Committee of Ministers from across the continent, and is built on the principles of regional co-operation, identification of common needs, and the pooling of available resources. The Programme identified as critical areas of intervention the following: institutional capability development, knowledge and policy learning, data collection and exchange, and innovation and partnership support.
The overall Programme also creates a framework for regional organisations, national management-development institutions and international development partners to collaborate in a manner unprecedented on the African continent.
The Ministry is also active in global organisations involved in public-administration issues and challenges. The Minister actively participates in the Commonwealth Association of Public Administration and Management, the International Institute for Administrative Sciences, and in the activities of the United Nations pertaining to public administration. In addition, the Ministry has established and continues to establish various information-sharing and capacity-development bilateral co-operative agreements with similar Ministries and departments across the globe.
In 1999, the Cabinet established six Committees which clustered the work of the Cabinet and became the locus of policy debates prior to the submission of memoranda to the Cabinet. At the level of directorsgeneral, similar Clusters were established. The focus of the G&A Cluster is mainly, though not exclusively, on supporting the efficient and effective functioning of government, and is therefore primarily concerned with matters internal to government operations.
G&A Cluster priorities for 2002/03 included strengthening integrated governance, including the implementation of the Planning Framework of government; improving the capacity of government, including the transformation of local government; integrated service delivery, including the establishment of MPCCs and the Gateway project; and promoting good governance, including the Cluster's support to NEPAD and the implementation of the Public Service Anti-Corruption Strategy.
The PSC is the independent monitor and arbiter of the activities, ethos and conduct of the Public Service. The powers and functions of the PSC are set out in Section 196 of the Constitution, 1996.
promote the values and principles of public administration as set out in the Constitution monitor, evaluate and investigate human resource practices, service delivery and related organisational matters to assess the extent to which they comply with constitutional values and principles support the efforts of the Public Service to promote a high standard of professional ethics investigate grievances of officers and recommend appropriate remedies or actions report to Parliament and provincial legisla tures on its activities. The PSC is one of a number of institutions whose role it is to support the legislature in enhancing accountability.
The PSC is supported by the Office of the Public Service Commission (OPSC), which implements the policy and programmes of the PSC. The Commission comprises 14 commissioners and has regional offices in all nine provinces.
The approach of the PSC is to address corruption proactively and in an integrated manner, focusing on the creation of an ethics-management infrastructure. Previous surveys in 2001 reiterated the need to strengthen the ethicsmanagement skills of public servants and the ethics-management infrastructure, as the latter was found to be too basic and therefore potentially ineffective. Many of the elements of an effective ethics infrastructure (code of conduct, fraud prevention plan, riskmanagement plans and consistent financial disclosures) are present in departments, but are often generic, inappropriate and poorly supported. The effectiveness of the different elements is often compromised by their failure to operate in an integrated and co-ordinated manner.
The implementation of the Anti-Corruption Strategy is co-ordinated by the Anti-Corruption Co-ordinating Committee which is chaired by the Department of Public Service and Administration. Departments are individually tasked with the implementation of the projects identified in the Strategy. The OPSC undertook several activities to implement the Strategy and build the capacity of the Public Service to prevent and fight corruption.
Auditing of anti-corruption capabilities in national and provincial departments in conjunction with the Department of Public Service and Administration.
Training in anti-corruption.
Acting as Secretariat to the National Anti-Corruption Forum (NACF). The NACF is a co-ordinating Forum consisting of representatives from business, civil society and the Public Service. It is convened by the Minister of Public Service and Administration and acts as a co-ordinating structure to lead and monitor the Anti-Corruption Strategy.
Development of a generic professional ethics statement for the Public Service. The aim of the ethics statement/ethics pledge is to inculcate and maintain a culture of integrity and ethos within the Public Service.
Ethics awareness and education. An explanatory manual on the Public Service Code of Conduct was developed and published. One million copies were produced and distributed to departments through an intensive workshop programme.
This unit manages the execution of special investigations with relation to the core functions of the PSC. It researches problematic public-administration areas, investigates and audits departmental anti-corruption units, and contributes to the national fight against corruption by participating in crosssectoral investigations and strategic workshops.
Investigating cases of corruption in national and provincial government departments. These are either referred to the PSC for investigation or are investigated on the Commission's own initiative.
Investigating systemic issues of defective administration in government departments.
Investigating adherence to applicable procedures in the Public Service.
Making recommendations to remedy, rectify and/or correct issues investigated. Depending on the type of investigation, the recommendation may consist of advice to a department to either discipline official(s) proven to have been involved in corrupt activities, or refer the matter for criminal prosecution. Recommendations may advise departments on the recovery of pecuniary losses suffered or State assets lost. The component may also refer matters for further investigation by another appropriate agency, or engage in cross-sectoral investigations with other agencies.
This unit investigates, monitors and evaluates management practices and service delivery in the Public Service. It also researches and develops innovative methods to enhance management practices and improve service delivery. Based on research and analysis, the Commission produces an Annual State of the Public Service Report that provides a comprehensive overview of public-service performance.
To assist in the research process, the Commission has put in place a long-term monitoring and evaluation system for assessing and analysing the performance of the Public Service. The intention of the process is to identify areas where improvements could successfully be effected, thereby contributing to overall management and service-delivery improvement. This system is based on constitutional values and principles.
Another research practice is that of evaluating specific departmental programmes, especially those involving development and that are focused on the poor. The Evaluation of the National Housing Subsidy Scheme showed that it was generally efficient and effective. It was, however, found that a lack of local government capacity, especially in the rural areas, is a major blockage in housing delivery.
A report on performance management in the Department of Social Welfare and Population Development in KwaZulu-Natal.
Evaluation of land administration in the Eastern Cape.
A review of the restructuring needs of the national Department of Transport.
the Citizen Satisfaction Survey Tools to enhance and complement the Citizen Satisfaction Surveys, the PSC-considered methodologies and tools that will promote the incorporation of the views and perceptions of citizens in the process of service delivery. In co-operation with the Parliamentary Portfolio Committee on Public Service and Administration, Citizens' Forums were conceptionalised and launched.
Another activity of this unit in the promotion of effectiveness and efficiency is to evaluate innovative approaches to service delivery by looking at alternative organisation and governance arrangements. The pilot projects under the MPCC Programme were evaluated an showed that these Centres were in demand.
This unit investigates, monitors and evaluates the application of merit and equity principles and sound human-resource practices and policies. This entails providing advice on grievances in the Public Service and the monitoring of labour relations. It also investigates grievances lodged with the PSC, and monitors and evaluates the application of sound labour-relations principles in national and provincial departments. To this end, the Commission has developed grievance rules for the Public Service that will be set out in the PSCBC Resolution, as well as guidelines on the management of suspensions and those to follow when considering the merits of an appeal in a case of misconduct.
The PSC has also approved a policy for lodging complaints made by members of the public.
This unit investigates, monitors and evaluates HR policies and practices in the Public Service.
In terms of its constitutional mandate, the PSC conducts investigations into the application and management of various HR practices. These investigations include the management of leave, overtime, sick leave, and dismissal as a result of misconduct.
This unit manages the monitoring and evaluation of conditions of service and the performance management of heads of departments.
The Commission conducts investigations into the management of performance agreements of senior managers and evaluates the application of developed authority regarding conditions of service of executing authorities.
The Commission further facilitates the evaluation of heads of department at national and provincial levels.
The Government's affirmative action policy for the Public Service emphasises the management of diversity, based on public-service culture, composition, HR management and service-provision practices.
The overall profile of the Public Service is very close to achieving perfect representivity status, edging its way to matching the population profile in terms of both race and gender.
On 31 March 2003, 72,5% of the Public Service was African, 3,6% Asian, 8,9% coloured and 14,7% white. With regard to gender, 52,5% was female and 47,5% male. However, at senior management level 56% was African, 8,2% Asian, 10,1% coloured and 25,6% white. The gender breakdown for senior management was 22,1% female and 77,9% male.
For State-owned enterprises, the composition of the boards with regard to race was as follows: 63% African, 2,5% Asian, 9,9% coloured and 24,7% white. In terms of gender, 76,5% was male and 23,5% female. The breakdown at senior management levels was as follows: 56,5% was white and 43,5% black with a gender breakdown of 75% male and 25% female.
As mandated to provide training and development in the public sector, South African Management Development Institute (SAMDI) trained 22 966 employees in 2002/03. Training was provided in HR management, change management, the Presidential Strategic Leadership Development Programme (PSLDP), service delivery, provisioning management, administration and training development and quality assurance.
The PSLDP, one major flagship programme of SAMDI, enrolled 4 921 delegates who completed training in 2002/03. Of this total, 1 432 were SAPS officials. The Ministerial Support Staff Programme was launched in January 2002 with the intention of improving the functioning of the offices of political officebearers. As a result of increased needs owing to the impact of the Programme, a total of 302 delegates were trained in 2002/03.
The Institute continuously engages its international counterparts in its capacity-building programmes to offer world-class interventions that encompass the latest and best practices.
Basic administration skills training for the Department of Home Affairs was also rolled out by SAMDI, through funding by the Public Service Sector Education and Training Authority. A total of 1 277 employees were trained in 2002/03.
The Institute has been involved in the Joint Committee on Collaboration and has engaged with Rwanda, Burundi and Uganda on projects that focus on capacity-building.
In collaboration with the Governance Institutional Development Division of the Commonwealth Secretariat, SAMDI offered a programme on effective negotiation skills to senior managers of the Southern African Development Community.
The Department of Home Affairs provides individual status-determination services.
The Department has a network of offices in all the provinces. Where the establishment of fixed offices is not warranted, mobile offices or units service such areas on a regular prearranged basis.
The Department is divided into five functional support divisions and two line-function divisions.
Refugee Appeal Board.
The Government Printing Works provides printing, stationery and related services to all government departments, provincial governments and municipalities.
It also publishes, markets and distributes government publications. Based in Pretoria, the Printing Works provides a variety of related services to departments, the printing industry and other African countries, including the manufacture and supply of fingerprint ink to the SAPS, and the printing of postage stamps for the Democratic Republic of the Congo and the Kingdom of Lesotho.
Negotiations on the rationalisation of the services of the Government Printing Works with provincial printing facilities are in progress.
The responsibilities of the Chief Directorate: Civic Services comprise mainly population registration and civic services. Population registration entails the recording of personal particulars in the Population Register with a view to the issuing of IDs, identification by means of fingerprints and photographs; and matters pertaining to the status of persons, such as births, marriages and deaths.
Civic services entail the issuing of passports, registration of foreign births, determining citizenship, and issuing certificates of naturalisation or resumption of South African citizenship.
South African citizenship is regulated by the South African Citizenship Act, 1995 (Act 88 of 1995), and regulations issued in terms thereof.
an application for exemption in terms of Section 26(4) of the Act.
The Population Register is being rewritten, and an associated Document Management System will be developed and rolled out gradually. This will consist of a large database, an online document-storage system, and a query interface for the retrieval and viewing of electronically stored documentation. The System will reduce processing time for each business transaction, while enhancing information integrity.
The rewriting of the Population Register is closely aligned with the implementation of the Home Affairs National Identification System (HANIS), approved by the Cabinet in January 1996. HANIS will significantly improve the accuracy and accessibility of personal identification, but, because of its scale, its successful implementation is the greatest challenge facing the Department. It will automate the manual fingerprint identification system, replace the ID with an identity card, and integrate these systems with the Population Register. It is being established by the MarPless consortium at a cost of just over R1 billion over five years.
The creation of online services and the implementation of HANIS will assist a variety of departments to accurately identify the beneficiaries of the services they offer.
The Chief Directorate: Migration is responsible for control over the admission of foreigners for residence in and departure from South Africa.
processing applications for visas, temporary residence permits and immigration permits maintaining a travellers' and foreigners' control system tracing and removing foreigners who are considered undesirable or who are in the Republic illegally.
About 150 000 illegal foreigners are repatriated every year.
Mozambique and Zimbabwe are by far the largest sources of illegal immigrants. South Africa is believed to harbour between 2,5 and 4,1 million illegal immigrants.
The Refugees Act, 1998 (Act 130 of 1998), gives effect within South Africa to the relevant international legal instruments, principles and standards relating to refugees; provides for the reception into South Africa of asylum seekers; regulates applications for and recognition of refugee status; and provides for the rights and obligations flowing from such status, and related matters. The Act came into effect on 1 April 2000.
In 2002, the Department received 20 842 asylum applications.
The Aliens Control Amendment Act, 1995 (Act 76 of 1995), which provides for a stricter immigration policy. The implementation of visa fees, and other measures, came into effect in 2001.
The Department is working closely with the South African Revenue Service and the SAPS to ensure effective border control over the medium term.
A computerised visa system has been instituted to curb the forgery of South African visas and is being expanded to all South African missions abroad.
The Immigration Act, 2002 (Act 13 of 2002), was enacted during the first half of 2002. It regulates the admission of people into South Africa, as well as their residence in and departure from the country. After a lengthy hearing and court arguments, the new system of migration control came into effect on 8 April 2003. The Immigration Advisory Board has been functioning since May 2003.
Foreigners who wish to enter South Africa must be in possession of valid and acceptable tion on a selective basis. The Department is travel documents.
possession of valid visas, except in the case of certain countries whose citizens are exempt from visa control. Such exemptions are normally limited to permits which are issued for 90 days or less and transits.
The visa system is aimed at facilitating the admission of acceptable aliens at the ports of entry. A visa does not afford the holder any right of residence in South Africa. Temporary residence permits reflecting the purpose and duration of the visit are issued at ports of entry for this purpose.
The travel documents of persons entering or departing from South Africa are examined by immigration officers at recognised ports of entry to determine whether such persons comply with the necessary requirements.
entered the country clandestinely failed to renew the temporary residence permits issued to them at ports of entry breached the conditions of their temporary residence permits without permission, e.g. holiday visitors who took up employment or started their own businesses.
Depending on the circumstances, persons who are in South Africa illegally are either prosecuted, removed, or their sojourn is legalised. Officers at the various regional and district offices of the Department are in charge of tracing, prosecuting and removing illegal foreigners from the country. Employers of illegal foreigners can also be prosecuted.
Admitting persons suitable for immigration, such as skilled workers in occupations in which there is a shortage in South Africa. The Department particularly encourages applications by industrialists and other entrepreneurs who wish to relocate their existing concerns or establish new concerns in South Africa.
The Department is not directly involved in an active immigration drive.
In categories where shortages exist, the normal procedure is for employers to recruit abroad independently, and in most cases, apply for temporary work permits initially.
Regional committees of the Immigration Advisory Board consider applications for immigration permits of prospective immigrants who wish to settle in the relevant provinces. In terms of the new regulations, regions will carry the responsibility of issuing permits as the regional committees used to do in respect of permanent residence, but they will do so also in respect of temporary residence.
Enquiries in this regard can be made to the nearest office of the Department of Home Affairs in South Africa, Missions abroad, or the Director-General of Home Affairs (for attention Subdirectorate: Permanent Residence) in Pretoria.
visitor's permits study permits work permits business permits work seeker's permits medical permits. In terms of Section 11 of the Act, aliens wishing to enter South Africa as visitors or for busi ness or medical purposes, must be in possession of a visa, if not exempt from visa control. An immigration officer will issue a temporary residence permit to holders of such visas or to persons exempt from such visa requirements at the port of entry, if such persons meet entry requirements. However, persons wishing to enter the country as work seekers or for work or study purposes must be in possession of the relevant permit that is issued outside the country.
The overriding consideration in dealing with applications for work permits is whether the employment or task to be undertaken cannot be performed by a South African citizen or an approved permanent immigrant already residing in South Africa.
Applications for the extension of temporary residence permits can be submitted to the nearest regional/district office of the Department of Home Affairs prior to the expiry date of the permit. Any enquiries related to temporary residence permits can be directed to the nearest district/regional office of the Department in South Africa, South African diplomatic representatives abroad, or the Director-General of Home Affairs, for the attention of the Subdirectorate: Temporary Residence.
In terms of legislation, the Minister of Home Affairs may order the deportation of any person (other than a South African citizen) convicted of any of the offences specified, or if such person is deemed by the Minister to be an undesirable inhabitant of or visitor to South Africa.
The Minister may also order the deportation of any person (other than a South African citizen) if it is deemed to be in public interest.
Alexander, N. An Ordinary Country: Issues in the Transition from Apartheid to Democracy in South Africa. Pietermaritzburg: University of Natal Press, 2002.
Callant, R. ed. The First Five Years: A Review of South Africa's Democratic Parliament. Cape Town: IDASA, 1999.
Centre for Development and Enterprise. Policy-Making in a New Democracy: South Africa's Challenges for the 21st Century. Johannesburg: Centre for Development and Enterprise, 1999.
Corrigan, T. Beyond the Boycotts: Financing Local Government in the Post-apartheid Era. Johannesburg: South African Institute for Race Relations, 1998.
Ebrahim, H. The Soul of a Nation: Constitution-Making in South Africa. Cape Town: Oxford University Press Southern Africa, 1998.
Race Relations, 2000. Fakir, E. and others. Provincial Pocketbook: PIMS 2000 Guide to Politics in the Provinces. Mackenzie, K. ed.
Human Resource Development in the Reconstruction and Development Programme. Randburg: Ravan Press, 1995.
Levy, N. and Tapscott, C. Intergovernmental Relations in South Africa: The Challenges of Co-operative Government. Cape Town: IDASA and the University of the Western Cape, 2001.
Reddy, P. S. et al. Local Government Financing and Development in Southern Africa. Cape Town: Oxford University Press, 2003.
Sanders, M. Complicities: The Intellectual and Apartheid. Pietermaritzburg: University of Natal Press, 2002.
Sparks, A. Tomorrow is Another Country: The Inside Story of South Africa's Negotiated Revolution. Cape Town: Struik, 1995.
Sunstein, C.R. Designing Democracy: What Constitutions Do. New York: Oxford University Press, 2001.
Sunter, C. New Century: Quest for the High Road. Cape Town: Human & Rousseau, 1992.
The Constitution of the Republic of South Africa, 1996. Cape Town: Constitutional Assembly, 1997. Published in the 11 official languages.
Tutu, D. Rainbow People of God: South Africa's Victory over Apartheid. London: Bantam Books, 1995.
Waldmeir, P. Anatomy of a Miracle: The End of Apartheid and the Birth of a New South Africa. England: Penguin Books, 1998.
Wood, E. J. Forging Democracy From Below: Insurgent Traditions in South Africa and El Salvador. Cambridge University Press, 2000.
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<fn>GOV-ZA.12july20071En.2012-02-10.en.txt</fn>
The work of a statistics agency does not end when the information provided by respondents has been collected. Turning that information - often in the form of pencil marks on millions of sheets of paper - into reliable statistics of acceptable quality involves a range of activities that take place once the survey has been completed.
Depending on the survey, this can entail seasonal adjustment, where volatility in activity caused by seasonal factors can be smoothed out to reveal better underlying trends.
In a sample survey, weighting of the data collected, so that sample information is made representative of the total population, is always undertaken.
Data is edited to remove inherent improbabilities and errors in collection. In the 1996 population census, we found cases where children below the age of five were reflected as holding tertiary educational qualifications. A woman over the age of 80 was reported as having given birth in the previous year! These were clearly errors, possibly the result of mistakes by field workers.
In some cases, missing information has to be imputed to improve the data quality. Again, I remember cases in previous censuses where the sex of respondents was not provided. If the respondent had given birth to a child, we applied automated editing programmes to impute that the respondent was a woman.
A responsible producer of statistics will indicate to users where and how editing and imputation have been used.
After a survey, the information collected is often subject to other quality assessments and validation processes.
In South Africa, census field work is immediately followed by a post-enumeration survey. This is done by a team independent of those responsible for the original field work, and is designed to quantify the undercount and evaluate the accuracy of information gathered.
Data gathered in two of Statistics SA's sample surveys are now undergoing post-survey validation and verification.
The Community Survey, covering a sample of nearly 280 000 households, is by far the largest sample survey undertaken by Stats SA.
For this reason, post-survey validation is an important mechanism to evaluate the quality and reliability of information collected by field workers.
The information required for this exercise is being collected by field workers, while a separate team of professionals is undertaking the analysis for validation of data quality.
The post-survey validation of the Income and Expenditure Survey (IES) is about to begin as well. To some extent, this is being undertaken because of the general difficulties experienced - globally as much as in South Africa - in collecting data on income and expenditure patterns. Households find it difficult to recall total expenditure by category in a given period, while income is often underreported.
Another reason for this validation is that the IES used an ongoing diary method to collect data for the first time. In 1995 and 2000, it used a single questionnaire asking respondents to recall their expenditures over a 12-month period.
Under the new method, diary booklets were provided to 24 000 households across the country, which explained the information required and how to record it. With ongoing help from Stats SA field workers, each household was asked to record its daily purchases in a specific format enabling the exact nature of the item to be correctly recorded for later processing by Stats SA.
Five interviews were conducted with each household during the reference month. Each household completed one diary a week, or four in total.
While some countries use this method extensively, the IES is the first South African survey to use the diary method. Correctly implemented, it will provide better quality statistics than a questionnaire relying on recall. However, it places considerable demands on both responding households and field workers. For this reason alone, post-survey validation is important to ensure the completeness as well as accuracy of the expenditure data recorded.
To avoid an additional burden on sampled households, information for validation will be collected from Stats SA staff using the same diary method. During August, all staff will keep a diary recording weekly household spending. Patterns discerned in this exercise will assist in evaluating the IES's completeness and accuracy.
Post-survey evaluation, validation and verification can be time-consuming, especially when complex editing rules have to be applied, and new teams of field workers have to return to many respondents. However, Stats SA's commitment to publishing data of appropriate quality necessitates that these additional steps be taken in the statistical cycle.
<fn>GOV-ZA.12june20081En.2012-02-10.en.txt</fn>
Statistics South Africa (Stats SA) receives mining statistics from the Department of Minerals and Energy (DME), and publishes them in its monthly release Mining: Production and sales (P2041). Owing to system failures, DME was unable to supply Stats SA with the required data as planned to publish the results on Thursday 12 June 2008. Accordingly, owing to circumstances beyond its control, Stats SA has regrettably delayed the publication of the April 2008 mining release by one week to Thursday 19 June (at 8:00).
Stats SA apologises to users for the inconvenience of the delay, and through ongoing interaction with DME will endeavour to avoid future delays in the publication of the monthly mining release.
<fn>GOV-ZA.12june20082En.2012-02-10.en.txt</fn>
Data and metadata for Labour Force Survey (LFS), September 2007, are now available on CD. This is the data contained in Statistical Release P0210.
The LFS, September 2007, data is also available on StatsOnline. Users can explore and download the data and metadata in various formats. To access the data, click "Interactive data" then "Explore micro data".
<fn>GOV-ZA.12limpopoEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2003/03121713461004.
As a member of government Concerned about ensuring peace and development and justice in our country. The Western Cape Department of Community Safety, through the Bambanani Community Safety Programme, is mobilising communities here to work together with government in the fight against crime. - The Community Peace and Safety Project of the Restorative Justice Initiative that was launched recently with funding from the Western Cape Department of Community Safety.
URL: http://www.info.gov.za/speeches/2003/03100109461001.
URL: http://www.info.gov.za/speeches/2003/03120510461001.
<fn>GOV-ZA.12may20051En.2012-02-10.en.txt</fn>
The relevance of racial identity or population group in statistical collection is a much-debated issue in South Africa and elsewhere.
Some identifier of population group is, at least for a time, probably required to measure and monitor progress in redressing the inequalities of South Africa's past. However, population group or "race" as a variable in statistical collection and analysis is inadequate on its own.
This is why Statistics SA incorporates other factors in the derivation of social, economic and development indicators.
In a personal communication, PG MarÉ, a professor of sociology at the University of KwaZulu-Natal, has raised important questions about the use of race as a category in monitoring change.
MarÉ, who is exploring the setting up a centre to study "race thinking", has pointed out that the "self-classification" of population group implemented after the legal basis for apartheid race classification was repealed is often problematic.
Personnel at institutions as diverse as hospitals recording births and universities recording admissions, as well as equity and line managers in companies, often "classify" individuals on the basis of surnames, language spoken, appearance, accent, place of residence and the like.
This is not "self-classification", and is often based on the prejudices of the classifier, thereby tending to perpetuate these prejudices.
MarÉ also wonders whether racial classification or categorisation provides the best tool to measure progress. He suggests that an instrument that also addresses what is being redressed, and in relation to which social group, would reveal more about society.
He draws attention to the levels of imprecision in race-based identification and the social costs of maintaining a race identifier as the main basis for measuring change.
These important points notwithstanding, it remains so that the majority of South Africa's population, and by far the majority of those most disadvantaged by apartheid, readily identify themselves as "black" or "African".
The task for statisticians, then, is to link this identification to other variables, so that measuring, monitoring and analysis can be enhanced.
Stats SA's recently published labour force survey (LFS), undertaken in September 2004, provides some interesting examples of how this can be done.
At the highest level, the LFS reports an official national unemployment rate of 26.2 percent. However, this global figure becomes more meaningful as additional variables or identifiers are attached to it.
Attach, for example, sex as a variable, and the LFS reports that the official national unemployment rate for men is 23.1 percent, and for women 30.2 percent.
Add the variable of province, and one finds the highest unemployment rate for men in the Eastern Cape, at 27.7 percent, and the lowest in the Western Cape (17 percent); for women, the highest rate of unemployment is in Free State (33.6 percent) and the lowest in the Western Cape (20.5 percent).
Significant divergences from the national figure of 26.2 percent are found when one race or population group is attached to the national profile of unemployment. The unemployment rate for black Africans is 31.3 percent, coloureds 21.8 percent, Indians 13.4 percent and whites 5.4 percent.
Interestingly, between March and September 2004, unemployment among black Africans decreased (by 2.9 percentage points), as it did among Indians (by 3.1 percentage points). In the same period, unemployment among coloureds increased (by 3.8 percentage points), and there was a marginal increase in unemployment among whites (0.3 of a percentage point).
Attaching age group and gender to official unemployment by population group, the LFS reports that, in most 10-year age groups, more women are unemployed than men.
However, more African men between the ages of 45 and 54 are unemployed than African women in the same age group; more coloured men are unemployed than coloured women in the age group 45 to 54; and more white men are unemployed than white women in the age group 15 to 24.
An increasing number of variables can be attached to the national profile of unemployment to obtain a more nuanced picture.
Population group is one of these. So are geography (province, for example), sex, age group, education level, type of housing, access to services, length of time unemployed and many others.
This allows for the development of a complex approach to monitoring and measurement in which a self-defined racial identity - with all its imprecisions and ambiguities - is present as a variable, but enhanced by the addition of a range of other social, economic and demographic variables.
Pali Lehohla is South Africa's statistician-general and head of Stats SA. For more information on Stats SA and its statistical outputs, visit www.statssa.gov.
<fn>GOV-ZA.12october20061En.2012-02-10.en.txt</fn>
Official data on South Africa's agricultural sector has increased considerably with Tuesday's publication of preliminary data from Statistics South Africa's survey of large-scale agriculture.
During 2005, Stats SA undertook a survey of units active in the large-scale agricultural sector. This covered the activities of commercial farms with an annual registered turnover of R2-million and above, and which were registered for value added tax and/or income tax for the period ending February 2005.
The agricultural sector is not covered in some of Stats SA's major series, such as the quarterly employment survey (QES) and economic activity survey (EAS). This dedicated survey of agriculture will assist in compiling estimates for the Department of Agriculture's National Accounts as well as inputs to the Gross Domestic Product (GDP) and its components.
Enterprises covered by the survey are mainly engaged in farming activities such as growing of crops, farming of animals, or mixed farming.
the production of milk, wool, pelts/fur, eggs and honey.
Forestry, ocean fishing and agricultural services were not included in the survey. Data in respect of agricultural smallholdings such as vegetable gardens, flower and dairy farms were included only where the products were intended for sale.
The survey found that gross farming income of large-scale farming units for the year ending February 2005 was R51 160-million. The Western Cape province accounted for the largest share of gross farming income (R10 934-million or 21,4% of the total), followed by Free State (R7 433-million or 14,5%).
Just over 47% of the total gross farming income was generated from commercial farming in the animals and animal product division. Horticultural and field crop products provided the second and third largest sources of income in the sector, with contributions of 30,5% and 21% respectively.
In North West (R3 294-million), Free State (R2 960-million), and KwaZulu-Natal (R2 904-million), most of the farming income was generated from animal sales. On the other hand, in Western Cape (R5 965-million), Limpopo (R2 425-million) and Mpumalanga (R1 928-million) most of the farming income was generated from horticultural product sales. Sales of field crop products generated most farming income in Free State (R2 905-million), Mpumalanga (R2 087-million) and KwaZulu-Natal (R1 832-million).
The survey found 614 962 paid employees in large-scale formal agriculture. The Western Cape accounted for 25,3% of these employees, followed by KwaZulu-Natal and Mpumalanga, each with 13,4% of the total number of paid employees. Large-scale commercial farmers paid R7 044-million in salaries and wages, amounting to 13,8% of gross farming income generated in the sector, and 18,9% of total current expenditure.
The number of owners and proprietors totalled 13 302. Total employment (permanent and seasonal employees together with proprietors) was 628 264.
casual and seasonal employees, including occasional and day labourers, but excluding contractors and their employees.
The survey reports that, at the end of the collection period, there were 322 025 full-time workers, 292 937 casual workers, and 13 302 owners and proprietors of farms.
Direct comparison between the results of this survey, and other Stats SA surveys reporting on agriculture, requires caution. For example, 7 687 large-scale farming units participated in the 2005 survey, compared to 5 390 large scale farming units recorded in the 2002 census of commercial agriculture. This does not, however, necessarily reflect growth in this sector of agriculture. It is more likely the result of improvements in the coverage of the sampling frame, based on Stats SA's new business register.
Comparison between enterprises included in both the 2002 and 2005 surveys does, however, provide a valid basis for analysis. Adopting this approach, the percentage increase or decrease in gross farming income for the major divisions within agriculture involved 'field crops' (1,3% decrease from 2002 to 2005), 'horticulture' (29,5% increase), 'animals and animal products' (32,1% increase), 'other products' (50,3% decrease) and total gross farming income (22,1% increase).
Direct comparison of employment data between the 2005 survey and, for example, the labour force survey (LFS) must also be undertaken with caution. There is a difference in survey methodologies (one is a household survey, the other an enterprise-based survey). Coverage also differs, in that the LFS includes employment in small-scale and informal agriculture, while the 2005 large-scale agricultural survey covers enterprises registered for VAT and/or income tax, with a turnover of R2-million or more.
Measurement of agriculture is never easy, with the seasonal nature of activities and the relative isolation of farming units from urban centres contributing to difficulties in gathering reliable statistics on the sector. However, the release of preliminary data from the 2005 survey of large-scale agriculture fills an important gap in South Africa's system of official statistics.
Follow this link to the Publication: P1101.
<fn>GOV-ZA.12september20071En.2012-02-10.en.txt</fn>
Statistics South Africa today released a discussion document which proposes the set of products and services that will comprise the CPI in future. These proposals form part of the ongoing review and improvement of official statistics in South Africa. The list of proposed products is based on research conducted by the organisation on what South African households typically spend their money on. Methodological improvements have also brought about changes in the composition of the basket.
Stats SA proposes the inclusion of certain products for the first time.
minibus taxis, which account for over 60% of public transport.
the lottery will be included in the basket if it is operational on 1 January 2008.
The introduction of these products and services is illustrative of two important trends. The first is a response to changes in technology which sees dying technologies (such as VHS and audio tapes) being replaced by those technologies that have established themselves as the standard (CD's and DVD's). The increasing penetration of Information technology is evidenced by the inclusion of ISP fees and computers (laptops).
The second trend is an attempt to make the CPI basket more representative of the experiences of the majority of South Africans. This is reinforced by a new methodology used by Stats SA to decide which products and services should make up the CPI basket.
Stats SA employed two criteria to select products and services for the CPI basket. These are the total expenditure on an item, and the number of households which purchased the product. The combination of these two approaches serves to exclude any luxury items that may record high expenditure because they are expensive, but are bought exclusively by a small minority of households.
Also for the first time, Stats SA has derived a basket for each province. This was achieved by applying the selection criteria on a province by province basis, rather than for the country as a whole. This change makes the CPI more responsive to the different purchasing behaviour of consumers in different provinces.
As a result of these and other methodological changes, the total number of products in the national CPI basket drops from the current 1124 to 386 (excluding health items which will be added later). A total of 389 products disappear because of methodological changes, while 349 have dropped from the basket because they did not meet the criteria. The total of 386 is well within the range of products appearing in the CPIs of other countries around the world. There are 292 products that appear in all provinces. However, Stats SA will maintain its current level of price collection at approximately 100 000 prices per month so as to improve the reliability of the CPI at different geographic levels.
In January 2008 Stats SA will start collection of prices on those products which are not part of the current basket. The CPI will continue to be published on the basis of the current basket and weights until the December 2008 release (in January 2009). The January 2009 CPI (published in February 2009) will be the first to be published on the basis of the new basket and weights.
Stats SA invites members of the public, consumer groups, producer groups, and any other interested party to make comments on the list of proposed products and services and the methodology used to arrive at the list. The document is available www.statssa.gov.za/cpi and comments can be submitted by email to CPI basket@statssa.gov.za; by fax to 012 321 7361 or by post to CPI, Private Bag x44, Pretoria, 0001. The deadline for submitting comments is 12 October 2007.
Once all the comments have been received, Stats SA will consider them and make changes to the basket where it is warranted. Quantitative evidence of proposals for changes will more easily be incorporated.
<fn>GOV-ZA.12thIloSeminarAddressEn.2012-02-10.en.txt</fn>
Introduction It gives me great pleasure to welcome you today at this august and exciting regional seminar. This 12th Regional Seminar on Labour Intensive Practices is a particularly important conference since it draws together specialists, researchers and practitioners from a wide range of disciplines. All of you are activists in the global fight against joblessness and poverty.
The International Labour Organisation (ILO) together with African governments, have provided an important lead in creating this regional focus on a key economic challenge facing our continent and our global village - the inability of millions to access work. Indeed, South Africa's Expanded Public Works Programme (EPWP), in its design and implementation, incorporates the fruit of international experience refined over more than a decade of collaboration punctuated by these seminars.
Accordingly, the organisation of this 12th Seminar in the host province of KwaZulu-Natal is fully supported by the South African government, including the Department of Labour and the national and provincial Departments of Public Works. It is an expression of our government's commitment to global change and a better life for the people of our country and our continent. Indeed, this commitment lies at the heart of the value system championed by our government.
It is our belief, also that this 12th Seminar will enable us to scale up our own labour-intensive programmes in the infrastructure, social and economic sectors. It must also enable us to expand regional partnerships for infrastructure development, job creation and the development of our human capital.
It is in this context that we extend a particularly warm welcome to the southern African Ministers of Public Works, who have joined the seminar to explore closer cooperation.
There are of course many priority issues on the agenda of the developing world. Few of them however assume the same urgency as the issues of infrastructure deficiencies, backlogs and disparities.
The legacy of uneven development and under-development in Africa and elsewhere in post-colonial societies is well known. It continues to inhibit our capacity to deliver infrastructure that supports employment and the full participation of developing societies in global economic endeavour. This is certainly true of our own experience in South Africa.
Africa has certainly taken a giant step on its unique path of renaissance to a better and sustainable future. NEPAD, the New Partnership for Africa's Development, is a pledge by African leaders, based on a common vision and a firm and shared conviction.
Conceived and developed by African leaders, NEPAD constitutes an integrated plan to promote accelerated growth and sustainable development, to eradicate widespread and severe poverty, to halt the marginalization of Africa in the globalisation process, and to accelerate the empowerment of women.
It is abundantly clear that the vision for Africa's renewal will be jointly led by the development of physical infrastructure, jobs and human capital. Speaking at the Extraordinary Summit of the African Union (AU) on Employment and Poverty Alleviation, the then Head of the African Union and Nigeria's former President, Olusegun Obesanjo said that "to accelerate growth and employment on our continent we must increase the investment infrastructure".
Indeed in May 2002, a NePAD Short-term Action Plan for Infrastructure (STAP) was put forward as a preliminary response to the need for regional integration to achieve economies of scale and to reduce Africa's economic marginalisation. There can be no meaningful development without trade - and there can be no trade without adequate and reliable infrastructure.
The short term programme is to be complemented by a more comprehensive Medium-to Long-Term Strategic Framework (MLTSF), which is currently in development. The Framework will guide the continuous and consistent development of regional infrastructure in Africa.
o Develop a framework for cross-fertilisation and dissemination of good practices.
As part of this 12th Regional Seminar, we will hold a Ministers' Round Table Discussion to explore how we can collectively help to shape NEPAD's delivery of Infrastructure, infusing into it the principles of labour intensive construction, skills development and the appropriate use of targeted procurement to achieve positive social and economic outcomes that create a base for expanding regional development.
In this context, the Ministers' Round Table Discussion may also explore the potential to establish a Regional Infrastructure Forum that supports the ongoing sharing of best practice and a common agenda for the development of the regional construction economy. The Forum could support a range of integration objectives underpinning the NEPAD agenda.
Such objectives could include common procurement and delivery management standards; procurement targeting strategies that support regional and local development; common minimum standards for employment; access to construction related skills in the region and regional cooperation agreements between professional institutions.
Recognising the immense challenge of maintaining the physical infrastructure of our region, we could also share experience and best practice in this regard. In South Africa, we estimate the need to invest over R120 billion ($1.8 billion) per annum - in maintenance alone.
Speaking at the 62nd Session of the UN General Assembly on the 25th of September our President, Thabo Mbeki, again highlighted the dire challenges facing developing countries in their quest to achieve the Millennium Development Goals.
"Many developing countries, especially those from my own continent, do not have the material base from which to address and attain the MDG's on their own.
In relation to infrastructure delivery and maintenance we need to ask the question whether we can develop a collective regional approach in defining and promoting a set of principles to guide international development assistance so that it truly supports regional industry capacity, job creation and development. Our own experience with the ILO is certainly a fine example of cooperative assistance. Not only has the ILO supported us in the design and development of our labour intensive programmes, it continues to walk with us and support our journey of implementation.
However, there are many who are swayed by negative perceptions that, given the advances of modern technology, labour intensive methods are inferior in terms of time, cost and quality. In South Africa, we have been determined to prove the opposite. We have deliberately chosen a hard road of learning in order to infuse the principles of labour intensity and poverty alleviation into the delivery of social and economic assets. Our determination is based on the recognition that our people are our best assets - and labour-based methods enable us to train and develop our people for the modern world.
South Africa and the EPWP Ladies and gentlemen, In South Africa, the inherited backlog of uneven development coincides with the need for new levels of infrastructure investment to deliver South Africa's Accelerated and Shared Growth Initiative (ASGISA). ASGISA aims to achieve an economic growth rate of 6% and to halve poverty and unemployment by 2014 in line with our commitment to the UN Millennium Development Goals.
Our government is therefore determined to increase public sector capital budgets at an unprecedented rate of 10 - 15% per annum and to raise Gross Domestic Fixed Investment (GDFI) from 15% to 25% of Gross Domestic Product (GDP). Accordingly, we are totally committed to ensuring the growth, development and transformation of our construction industry, and to increasing its inherent ability to create employment. We therefore have established institutions and programmes to drive these objectives.
At the same time, we are acutely aware that growth on its own does not guarantee full employment and improvement in the lives of ordinary people. Emerging from three centuries of colonialism and apartheid, we inherited two inter-linked economies that we characterise as the First and Second economies.
To quote our President, Thabo Mbeki: The two economies, one developed and globally connected and another localised and informal, display many features of a global system of apartheid.
We have therefore endeavoured to strengthen the First economy and use it as a base to transfer resources to strengthen and modernise the Second economy and thus embark on a process to change the lives of those who subsist in this Second economy.
Critical in this national endeavour to bring a better life to millions of people in South Africa is the Expanded Public Works Programme (EPWP). Government's commitment to this programme is underpinned by budget allocations that prescribe the objectives of labour intensity and skills development as central to the delivery of infrastructure, social and economic services. This year's original EPWP budget of R15 billion to provinces and municipalities has since been increased by a further R3 billion allocated to the provinces for the labour intensive construction and maintenance of access roads.
Further responding to our President's call to expand the scope and impact of the EPWP, both national and provincial departments of public works have this year launched the EPWP National Youth Service, underpinned by a vision to support the, employment, growth and development of our youth, as well as their ability to contribute to South Africa's ongoing journey of transformation.
We continue to draw on the ongoing support of the Department of Labour, which plays a critical role in the EPWP by providing all the training in the programmes, either directly, or through the various Sector Education and Training Authorities that have been established in this country.
Our experience shows that skills development is a key component in the effective and efficient use of labour intensive technologies and that continued emphasis should be placed on training. With the support of the Construction Industry Development Board (CIDB), a series of practical manuals have been developed to support the design, implementation and training in labour intensive construction methods. I am pleased to note that these have gained considerable international use, enabling South Africa to contribute to job creation in many parts of the world.
Importantly, this conference enables us as South Africans to pause and consider the achievements of the EPWP and also to reflect on the challenges faced. These will be shared and discussed during the seminar and I am sure we will gain important insights from our international delegates on how we can address some of these challenges.
Conference Highlights Ladies and gentlemen Public works programmes are an important initiative in South Africa, but also around Africa and the world. They are geared at alleviating unemployment, and at creating a foothold in the economy for the marginalized, unskilled and unemployed. Some of the papers at the conference will highlight the global spread of public works programmes and how different countries are implementing them. I am pleased that a strong contingent of the South African EPWP staff will benefit from the creative experience of other delegates.
The conference will present and discuss a range of initiatives to raise our contribution to job creation and to free our people from the trap of poverty.
One noteworthy initiative is the ILO's development of an Employment Impact Assessment methodology that will assist decision makers to predict and increase the employment impact of infrastructure projects.
Another important conference focus is that of road maintenance, which has proved to be a highly effective way of combining the need for maintenance with providing dignity and income to the poor, particularly in rural areas. This has been demonstrated around the world and South Africa has its own example in the Zibambele programme which will be viewed during the conference site vists.
Our conference will also showcase efforts to move beyond infrastructure related activities to other labour intensive initiatives in areas as diverse as waste collection, home based care, land car and the protection of wetlands. These will be discussed and visited also.
We also look forward at this 12th Seminar to two exciting panel discussions that may assist us to elevate the global struggle against joblessness. One of these addresses the use of labour intensive methods on large scale projects. A pilot example exists in eThekwini, where a R500 million project will hopefully pave the way for an increasing number of large projects to make their contribution to engaging the unemployed.
The second panel discussion will address efforts around the world to use public works programmes to guarantee income and work to the poor as has been demonstrated by the Indian Government. This panel discussion on Employment Guarantee Programmes, convened by the ILO, will help us to reflect on how our initiatives can be better designed to increase their impact.
This 12th Regional Seminar is about the right to work, the right to life and to human dignity. The Conference Theme "Prioritising Employment Creation in Government Policies, Investments and Infrastructure Programmes" aptly captures the call of millions of jobless people for intensified action.
Once again I would like to congratulate the organisers, particularly the ILO for providing a regional, and indeed, an international platform to take these objectives forward.
We welcome the attendance and international activism of our professional community. With us today are members of Engineers Against Poverty and Economists For Full Employment, whose commitment is part of the growing movement for global change.
Ladies and gentlemen I welcome you all.
I am confident that the work of this conference will enrich our policies and enable us to intensify our efforts to create a better life for all our peoples.
<fn>GOV-ZA.12thsummitEn.2012-02-10.en.txt</fn>
Addis Ababa 20 January 2009 - The Twelfth Ordinary Session of the Summit of the African Union Heads of State and Government will officially take place from the 26th of January to the 3rd of February 2009, in Addis Ababa, the seat of the African Union. The theme for this Summit will be: "Infrastructure Development in Africa", with a particular focus on the transport and energy sectors. The current "Global Financial Crisis" will also be amongst the major topics of discussion during the 12th African Union Summit.
Journalists are hereby informed that the next Ordinary Sessions of the decision-making organs of the African Union will take place in Addis Ababa, Federal Democratic Republic of Ethiopia.
The 12th Ordinary Session of the Assembly of Heads of State and Government: 1-3rd February 2009.
The theme of the 12th Ordinary Session of the African Union Summit of Heads of State and Government is: "Infrastructure Development in Africa".
Detailed programmes of the Ordinary Sessions and any other side or parallel meetings as well as the process for the accreditation of journalists will be communicated to all the media representatives later.
<fn>GOV-ZA.13,194En.2012-02-10.en.txt</fn>
On 20 September 2004, Prof Kader Asmal, South Africa's former Minister of Education, was elected Chairman of the First Intergovernmental Meeting of Experts on the Draft Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions at UNESCO's Head Quarters in Paris.
URL: http://www.info.gov.za/speeches/2004/04092115451002.
URL: http://www.info.gov.za/speeches/2004/04041914151001.
<fn>GOV-ZA.13,25591,,0,17En.2012-02-10.en.txt</fn>
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<fn>GOV-ZA.13,28135,,0,4En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.13,658,,0,4En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.13000En.2012-02-10.en.txt</fn>
The closing date for the receipt of comments is Friday, 11 February 2011.
<fn>GOV-ZA.1300En.2012-02-10.en.txt</fn>
Journalists are invited to attend.
Although fans had several hours to wait in the sunshine, the beers were flowing freely while a "boere orkes" kept them entertained. The drone of vuvuzelas echoed around the central city.
The FIFA Fan Festâ was at its busiest from 16:30 onwards and by 20:00, thre were over 30 000 people. The Executive Mayor, City Manager, Mayoral Committee and Executive Management team appeared on stage at 18:30 to thank Capetonians for being such superb hosts. Spectators at the Fan Fest were also treated to a canon salute and fireworks display.
As it was anticipated that large numbers of people might come to the city centre to watch the 2010 FIFA World Cupâ final, the City pedestrianised the area around the FIFA Fan Festâ and erected two large screens on the corners of Adderley and Strand as well as Adderley and Church Streets. Over 10 000 fans could be accommodated as a result.
The giant vuvuzela on one of our unfinished freeways is the biggest in the world (well, it's probably the only giant vuvuzela in the world) according to the Guinness Book of Records. The enormous horn is 35 m long and 5.5 m wide, and was sponsored by Hyundai.
A good few thousand people were already at the two fan jols by the time the match started, and more people were en-route.
The City would like to thank Capetonians for gathering in large numbers today to end off the 2010 FIFA World Cupâ on a high note and in true Cape Town style and gees. The tournament has sparked many a dream among people young and old - visions of greatness, unity and possibility. Long may the dream live, and may it be translated into a more permanent reality.
<fn>GOV-ZA.13022011En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.13042010En.2012-02-10.en.txt</fn>
The Ministry of Arts and Culture, the Creative Workers Union of South Africa (CWUSA) and the 2010 FIFA World Cup Organising Committee South Africa (OC) today again met to discuss the Official Kick-off Concert for the 2010 FIFA World Cup.
together with the Los Angeles-based Control Room company that is staging the concert to satisfy BEE concerns. SAMPA would have a line of communication with Control Room.
More artists would be included in the June 10th Concert line-up so that it should be more representative and reflect gender and demographic concerns. No names will be publicly announced until contracts are signed with the artists.
There would be further engagement on the arts and culture components at fan parks and Public Viewing Areas to make this a truly African arts and culture experience. A meeting with the 2010 Host Cities will be held to consolidate this engagement.
I'm satisfied with the outcome of this meeting. It is to the benefit of arts and culture in this country. I am glad that all stakeholders could agree on a way forward and on the principle of greater representation of South African and African artists on this major global platform to be held on South African soil. I want to commend all parties for the manner in which they conducted the discussions, said Minister Xingwana.
We had a very constructive meeting today with Minister Xingwana and CWUSA. We've always maintained that incredibly talented South African and African music industry will play a major part in the tournament's off-field success and character. So, we are certainly very supportive of South African artists using the tournament's considerable platform to showcase their talents and we will continue to constructively engage with CWUSA in this regard, said Dr Danny Jordaan.
CWUSA President Mr Mabutho Stihole said: A very contructive meeting was held and the Ministry must be commended for heeding the call of the local industry on this matter. We have taken one small step but we are hopeful that this dialogue will continue so that we optimise opportunities for our sector. In light of the agreements reached at this meeting, CWUSA therefore calls off its intended march on the 15th April 2010.
<fn>GOV-ZA.13052011En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1305761412educationEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.130873143financeEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.130880143educationEn.2012-02-10.en.txt</fn>
otherwise prejudice the public interest.
<fn>GOV-ZA.130En.2012-02-10.en.txt</fn>
Date: 12 July 2011 0.
URL: http://www.info.gov.za/speeches/2003/03080112461002.
President Thabo Mbeki accompanied by the Ministers of Foreign Affairs and Public Enterprises, Dr Nkosazana Dlamini Zuma and Jeff Radebe respectively, will today, Wednesday, 2 July 2003, conclude a three-day state visit to Jamaica with an address to the Caribbean Regional Economic Community, Caricom, in his capacity as Chairperson of the African Union.
<fn>GOV-ZA.130bulletinEn.2012-02-10.en.txt</fn>
Information on available business opportunities, particularly for SMMEs, can be sought from the SMME Desk, at the Department of Economic Development and Planning.
<fn>GOV-ZA.130localgoverntmunicipalperformanceregulationsforsection57managersEn.2012-02-10.en.txt</fn>
The Department of Trade and Industry is implementing a comprehensive suite of interventions to resolve second economy challenges.
URL: http://www.info.gov.za/speeches/2007/07101110151001.
The Lotteries Act required me to issue a new licence to operate the Lottery at the end of the term of the licence of the previous operator. In practice, abiding by the decision of the Court meant checking whether any of the shareholders and shareholders of shareholders in all of the bidding companies, not only Gidani, had any political office bearers. I therefore accept the Boards' recommendation and accordingly the licence to operate the National Lottery is awarded to Gidani.
URL: http://www.info.gov.za/speeches/2007/07092809451003.
URL: http://www.info.gov.za/speeches/2008/08040916451001.
I use this metaphor to emphasise two things about the relationship between South Africa and Germany: firstly, South Africa counts its relationship with the Federal Republic of Germany as being among its most treasured bilateral relationships. Indeed, even after the achievement of democracy in South Africa, Germany has remained one of South Africa's firmest friends, expressing this friendship through its investment commitment to the new democracy.
<fn>GOV-ZA.1311018726En.2012-02-10.en.txt</fn>
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<fn>GOV-ZA.131105En.2012-02-10.en.txt</fn>
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<fn>GOV-ZA.1311791436En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.13122010En.2012-02-10.en.txt</fn>
Mpumalanga Safety, Security and Liaison MEC Vusi Shongwe has warned police not to leak information to the public on planned operations.
Shongwe was speaking during a police parade before a law enforcement operation that took place on 10 and 11 December 2010 in Ermelo and Breyten respectively.
The operation is part of the department's project called Overall Friday which is aimed at increasing the visibility of police and also to enhance the crime prevention objective of the police.
The activities of the project includes conducting of road blocks, raiding of shebeens and liquor outlets to check if they do comply with their licence, and handing over of food parcels and furniture to victim support centres and poor families.
In his comments, Shongwe said that information about operations is confidential, and the public should not know about planned activities of the police.
He said that police officers should always be responsible for safeguarding the information about operations to make sure that it is not leaked to the public.
Shongwe added that such habits tempers with the work of police in eliminating dangerous weapons and people who pose danger to the community.
"This project will continue until crime is completely eradicated, we will make sure that we do not leave any stone unturned", said Shongwe.
During these operations in Ermelo and Breyten, 24 liquor outlets were raided and one shebeen was closed and seven taverns were fined for violating the conditions of the operating licence. In the process, two firearms were confiscated and a most wanted robbery suspect was arrested.
Twenty two cases related to traffic offences were recorded and six of those cases were for driving under the influence of alcohol.
Eleven people were also arrested for public drinking.
Shongwe commended the police for working very hard, however, he mentioned that if information did not leaked to the public, more dangerous weapons, drugs could have been eliminated and wanted suspects arrested.
"We are going ahead with our operation because we have a duty to protect the communities of the province and the fact that good citizens of the province support of our campaign makes us more determined", said Shongwe.
Meanwhile, the MEC told the police that he had written letters to Mayors in Mpumalanga to activate their bylaws to assist in the fight against crime. These bylaws will enable the police to enforce the law for offences such as drinking in recreational areas such as parks.
<fn>GOV-ZA.131502En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.13173ExampleofaletterogagetEn.2012-02-10.en.txt</fn>
2.2 Unless the context otherwise indicates, other terms used in this engagement letter have the same meanings as defined in section 76B of the Income Tax Act, 1962 ("the Act") or the SARS Guide to Binding Private Rulings as the case may be.
3.1 Your application is subject to an application fee. This fee must be paid through SARS eFiling when you file your application. If your application fee is not received within ten days of the filing of your application, your application will be rejected.
3.2 In addition to the application fee referred to in 3.1 above, you are liable for a further fee ("estimated fee"). The estimated fee in connection with your application is set forth in Section One above. By signing this engagement letter, you confirm your acceptance of this estimated fee.
3.3 You must make an advance payment of a maximum of 20% of the higher value of the estimated fee range.
3.4 You must make this advance payment within 15 working days of the date of the estimate set forth in Section One above. If you fail or refuse to do so, your application will be rejected without any refund of the application fee.
a new issue is discovered during the course of the ruling process.
If at any time during this engagement a revision appears necessary, you will be notified of the proposed revision and be given the opportunity to discuss this issue with the ruling specialist assigned to your application. If you fail or refuse to accept an estimated fee within 15 days of the date of the estimate, your application will be rejected.
3.6 You may be invoiced periodically for work performed and costs incurred in connection with your application. All invoices are payable within 30 days. Amounts in arrears will accrue interest and be referred to an external debt collection agency for further action. You will be responsible for the full amount of any outstanding fees, interest and costs incurred in the collection of such outstanding amounts.
3.7 A ruling letter in response to your application will not be issued unless and until all invoices have been paid in full.
4 .1 You have filed an application for a binding private ruling in accordance with the provisions of Part IA of Chapter III of the Act. Your application and any ruling letter and the specific rulings set forth therein are subject to any other requirements and limitations set forth in this part of the Act, as well as any requirements and limitations set forth in any general binding ruling issued by the Commissioner pursuant to section 76S of the Act, including, without limitation, the SARS Guide to Binding Private Rulings.
Failure to comply with the requirements of these provisions may result in the rejection of your application or in any Binding Private Ruling issued to you being withdrawn, modified or rendered void ab initio.
4.2 The Commissioner may reject your application at any time if it is determined that an exclusion applies. The decision to refund any cost recovery fees paid by you in such a case lies solely in the discretion of the Commissioner and will be determined on a case-by-case basis. Interest is not payable on any refund.
4.3 Every application is assigned a unique Reference Number. You must use this Reference Number in all further communications in connection with your application.
4.4 The Commissioner may request additional information in connection with your application at any time. If you fail or refuse to provide this information within the time period prescribed, your application may be rejected without refund of the application fee or any cost recovery fees incurred until the date of rejection. You will also remain liable for any cost recovery fees incurred but not yet paid up to and including the date of rejection.
4.5 You are solely and exclusively responsible for ensuring that the information you submit is complete and accurate. Failure to do so may result in the rejection of your application or in the subsequent withdrawal, modification or invalidation of any Binding Private Ruling you may receive.
4.6 With the consent of the Commissioner, you may amend your application to reflect a change or modification to your proposed transaction. Such an amendment will generally result in an estimated fee. Consent will not be granted if the amendment relates to a new proposed transaction. In such a case, you must file a new application.
4.7 You may also amend your application at any time to request that the Commissioner cease work in connection with it and not issue a Binding Private Ruling (Amendment to Discontinue). This amendment must be in writing. All work in connection with your application will cease immediately upon receipt of the Amendment to Discontinue. If you subsequently wish to pursue the matter again, you must file a new application. The decision as to whether or not to issue a Binding Private Ruling in response to your application lies within the Commissioner's sole discretion.
4.8 Your Binding Private Ruling may be withdrawn or modified by the Commissioner in accordance with the provisions of sections 76M and 76N of the Income Tax Act.
4.9 The Commissioner may, at his sole discretion condone non compliance with any of the preceding terms and conditions and may accept an application on such additional terms and conditions that he deems fit.
4.10 By signing this engagement letter, you agree that should paragraph 4.
submit all information listed above in such manner and form as the Commissioner may prescribe.
the tax laws, regulations, binding general rulings, and cases in effect as of the date of any ruling letter that may be issued to you. In particular, any specific rulings that may be made are based solely upon the interpretation and application of the tax laws as amended and in effect as of the date of this ruling letter, as well as any applicable regulations, general binding rulings or cases, in effect as of that date.
4.12 Any specific ruling(s) that are made only apply to the provisions of the tax laws identified in the final ruling letter in connection with the proposed transaction described herein.
4.13 Any ruling letter and the specific rulings that may be issued are based upon the Commissioner's understanding of the proposed transaction as described in the ruling letter itself. If you believe that this understanding is incorrect, inaccurate or incomplete, it is your obligation to notify the Commissioner immediately. The failure to rectify a misunderstanding of a material fact may result in the ruling letter being withdrawn, modified or rendered void ab initio.
o the decision is fact-specific and the general interpretation upon which the specific rulings were based is unaffected; or o the reference in the decision to the interpretation upon which the specific rulings were based is obiter dicta.
the date of the judgement, whichever is applicable. The ruling letter ceases to be effective automatically upon the occurrence of any of these events. The Commissioner is not obligated to notify you or to otherwise publish a notice of withdrawal or modification.
any condition or assumption stipulated by the Commissioner in the ruling letter is not satisfied or carried out.
A fact is considered material if it would have resulted in a different specific ruling had the Commissioner been aware of it when issuing the ruling letter.
4.16 You must consent to the publication of your Binding Private Ruling in such form as does not reveal the identity of the parties to the transaction or any information that would constitute a clearly unwarranted invasion of privacy. Your application will not be accepted unless and until you provide this consent. Furthermore, you will be provided with a sanitised version of the Binding Private Ruling prior to publication thereof in order to ensure that you are in agreement with the final version for publication. You must confirm your agreement with the sanitised version within 5 days of receipt thereof.
4.17 It is a condition precedent to any Binding Private Ruling that it does not raise an issue that is the same as or substantially similar to an issue that is currently before the Commissioner in connection with an audit, examination, investigation or other proceeding involving you or any related person in connection with you. If this condition precedent is not satisfied, any ruling letter issued to you will be rendered void ab initio.
5.1 The terms and conditions contained in this letter of engagement apply mutatis mutandis to any co-applicant(s) listed in Annexure A attached hereto (if applicable).
5.2 Should there be any differences between these terms and conditions and any of the terms and conditions as prescribed for in sections 76B to 76S of the Act then the Act will take preference.
<fn>GOV-ZA.13174ExampleofarulingapplicationEn.2012-02-10.en.txt</fn>
The relevant provisions of the Income tax Act, No.
This annexure sets out the information required to be submitted in accordance with section 76(E) of the Act.
This section should provide a complete description of the proposed transaction in respect of which the ruling is sought (section 76E (2) (c)). This should include as much information as possible about the applicant and the transaction to ensure SARS' understanding of the proposed transaction.
This section should set out the transaction step by step.
Statement of the relevant statutory provisions or issues (section 76 E (2) (g)). This section should set out a statement providing the interpretation of the relevant statute to the proposed transaction.
It is our opinion that the proceeds to be received by the applicant from the disposal of the shares do not fall within the "gross income" of the applicant and are therefore not subject to income tax in the hands of the trust. Our reasons for this conclusion are set out in detail below.
The relevant portion of the definition of "gross income" in section 1 of the Act refers to "in the case of any resident, the total amount, in cash or otherwise, received by or accrued to or in favour of such resident during such year of assessment, excluding receipts or accruals of a capital nature ..."
It follows that the amounts in question would be subject to the CGT provisions of the Act. The applicable provision is paragraph 2(1) of the Eighth Schedule.
This section should set out a comprehensive description of the impact the proposed transaction may have upon the tax liability of the applicant or co-applicant, and where relevant, any connected person in relation to the applicant, including any and all relevant information regarding the financial or tax implication of the proposed transaction (section 76E (d)).
This section should provide the applicant's interpretation of the relevant statutory provisions or issues (section 76E (2) (i)). It should therefore briefly provide the rationale for interpreting the specific section/s of the Act on which a ruling is being sought in the manner as requested.
We believe that the proceeds from the disposal of the shares to investors do not fall within the "gross income" of the applicant's trust. This is because we believe that these proceeds will be of a capital nature in the hands of the applicant. It is in respect of this conclusion that we seek a binding private ruling. We consider below the relevant case law which provides support for conclusion.
This section should provide an analysis of the relevant authorities either considered by the applicant or of which the applicant is aware, whether those authorities support or are contrary to the proposed ruling being sought (section 76E(2)(i)). Therefore case law for and against the specific ruling should be given.
We request SARS' confirmation that, for the reasons outlined above, the proceeds from the disposal from the shares in NewCo would not constitute "gross income" in the hands of the applicant because they will be receipts of a capital nature. Therefore the proceeds will be subject to paragraph 2(1) of the Eighth Schedule.
Should you require any additional information or have any questions regarding this application please contact Mr X on (011) xxx-xxxx.
Detailed below is the information required to be submitted in accordance with section 76(E) of the Act a.
Fax Number: (011) xxx-xxxx b.
We submit that the proposed ruling should be granted so as to enable the applicant to dispose of the shares in NewCo.
This ruling application has fully considered the relevant statutory provisions and case law and it is considered that this ruling is consistent with such provisions and law.
To the best of the applicants' knowledge, and the applicants' representative's knowledge, the same or substantially the same issue upon which this ruling has been sought is not the subject of an audit examination, investigation, ruling application, objection, appeal, or other proceedings currently before SARS or the courts involving the applicant or any connected person in relation to the applicant.
All references to the applicant's name should be deleted from the final ruling before publication in order to protect the applicant's confidentiality. We further suggest that the name of the companies forming part of the proposed transaction should also be deleted.
Letter of Consent a.
This ruling letter has been applied for by ABC Company, tax registration number 123. The co-applicants for this ruling are PQR Company, tax registration number 456, and XYZ Company, tax registration number 789.
Section 76E (2) (m) and 76 (O) of the Income Tax Act.
The applicants represented by XYZ legal firm, herewith consent to the publication of the advance tax ruling by the Commissioner in accordance with S76Q and S76R, provided that the publication is in such a form as does not reveal the identity of the applicants or class members. Prior to the final publication, the Commissioner will provide a draft copy of the edited ruling for review and comment. It is understood that the Commissioner's determination regarding the contents of the published ruling is final.
All legislative references are to the Income Tax Act No. 58 of 1962 (ITA).
The specific ruling has been requested in respect of section 45(4) of the ITA.
ABC Company, PQR Company and XYZ Company are all South African companies and are currently members of the same group of companies. ABC Company is the holding company for the group and currently owns 100% of the equity shares of both PQR Company and XYZ Company. PQR Company and XYZ Company are engaged in complementary lines of trade. In order to simplify the structure of the group and to improve efficiency, PQR Company is proposing to transfer all of its assets and liabilities to XYZ Company. Both companies will elect to have section 45 apply to the transaction in accordance with section 45(1)(c). Upon the completion of the transfer, PQR Company will liquidate into ABC Company. ABC Company and XYZ Company will continue to be members of the same group of companies.
The transfer by PQR Company to XYZ Company constitutes an intra-group transaction, as defined in section 45(1).
ABC Company and XYZ Company will continue to be members of the same group of companies following the proposed transaction.
This ruling letter does not apply in respect of any tax consequences that may arise if XYZ Company ceases to be a member of the same group of companies as ABC Company.
The proposed transaction is not part of or connected with any other transaction, operation or scheme.
Pursuant to paragraph (c) of section 45(4), ABC Company and PQR Company will be deemed to be one and the same company for purposes of paragraph (b) of section 45(4).
This ruling letter will remain valid until XX December.
<fn>GOV-ZA.131En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.132860121nattreasEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.132bulletinEn.2012-02-10.en.txt</fn>
Telephone Number : (013) 799 1357 2.
Venue: Kwaguqa Hostels on Erf.
arensburg@mpg.gov.
Kennisgewing van die aansoek om herroeping van 'n aannemingsbevel moet geskied met Vorm 15: Kennisgewing van die terugtrek van 'n aannemingsbevel.
Indien die aansoeker nie weet wie die aanneemouers is nie moet hy of sy die kennisgewing asook twee afskrifte minstens 28 dae voor die vasgestelde hofdatum by die klerk van die kinderhof indien.
<fn>GOV-ZA.132pretationsEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2005/05100413151006.
North West MEC for Public Works, Honourable Mr Howard Yawa will be hosting the Minister of Public Works, Ms Stella Sigcau, MP, on a two-day provincial Expanded Public Works Programme (EPWP) projects site visit on 31 August 2005 and 1 September 2005. MEC Yawa as host is inviting members of the media to accompany the Minister on these visits to see for themselves what progress is being made in the province and to also interact with beneficiaries of the EPWP.
In some cases the main company would do the work, use the 'skeleton company' for invoice purposes and the money would then flow back into the main company. Often the company 'owners' have no clue they are shareholders, they also have no control in the company nor do they manage any aspect of the company.
This programme includes setting service delivery standards, introducing more business-like management methods, and entering into service level agreements with client departments.
<fn>GOV-ZA.132towardsbetterunderstandingoftheservicedeliveryprotestsEn.2012-02-10.en.txt</fn>
I would like to extend a warm welcome to you to the opening of the 15th session of the International Centre for Genetic Engineering and Biotechnology Board of Governors meeting. As former President Mbeki said at the inauguration of the Cape Town component of the ICGEB last year, "the ICGEB is an eminent example of how humanity can put together limited individual resources within nation states to create a substantial international force for the good".
URL: http://www.info.gov.za/speeches/2008/08112810151004.
Joule is a six seater MPV (multi purpose vehicle) designed by Optimal Energy in association with legendary South African born automotive designer, Keith Helfet. Optimal Energy was capitalised with a R50 million investment from the Innovation Fund (IF), an instrument of the Department of Science and Technology. The current shareholders in Optimal Energy comprise executive management, the IF and the Industrial Development Corporation (IDC).
Master of Ceremonies and Director-General of IASP, Mr Luis Sanz; Deputy President of the Republic of South Africa, Ms Phumzile Mlambo-Ngcuka; Gauteng Premier, Mr Mbhazima Shilowa; Prof.
URL: http://www.info.gov.za/speeches/2008/08091014151002.
<fn>GOV-ZA.13315635nattreasEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.133596110fsbEn.2012-02-10.en.txt</fn>
Given under my Hand and the Seal of the Repubic of South Africa at Pretoria this 13th day of August 2010.
<fn>GOV-ZA.133bulletinEn.2012-02-10.en.txt</fn>
R50.00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Venue: Building No.
Venue: House No.
Venue: Building No. 8, 2nd Floor, Room No.
Venue: At the turnoff to Langkloof (road D1361) from provincial road R544. The turnoff is ±45 KM north of Witbank on the Witbank/Verena road.
<fn>GOV-ZA.133nationaldisastermanagettreEn.2012-02-10.en.txt</fn>
Results: 1 to 9 of 9 (104467 searched in 0.319.
<fn>GOV-ZA.1343912406nattreasEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.13443877basicedu2En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.13464En.2012-02-10.en.txt</fn>
The RED Door project is an initiative of the Enterprise Development Sub-Directorate within the Department of Economic Development and Tourism. The Sub-Directorate aims to promote the development of small and/or black-owned enterprises.
What is the RED Door?
How Can the RED Door Help You?
The RED Door is a one-stop shop for new and existing businesses looking for help and advice, from the most basic to the most sophisticated.
Help build new businesses.
Help strengthen and develop existing businesses.
Help create and build more black-owned businesses.
RED Door centres are easy to find in most large communities and towns in the Western Cape. We speak English, Afrikaans and Xhosa, and our expert, friendly staff will work with you to analyse your business needs and then develop a customised action plan.
Write a business plan.
Identify and fix the weak points in your business.
Find access to finance.
Get affordable support from our network of business service providers.
Find accountants and lawyers.
Improve your business skills.
Learn how to apply for and win government tenders.
Find out about government incentives.
Find out about client relations, marketing and research.
Learn about how to import and export.
Small conference rooms.
Ongoing access to mentors.
Community entrepreneurship outreach programmes to the youth, women, emerging farmers and people with disabilities.
Around the world, small businesses are a big part of the economy. In developed countries, small businesses contribute up to 60% to GDP; in South Africa, small businesses only contribute about 35% to GDP. Part of the reason for this is that compared to many similar developing countries like Brazil and India, the survival rate of small businesses in South Africa has been low. So has the level of entrepreneurship.
Small business support services are badly needed but, historically, these have often been fragmented. In some areas, there has been a lot of duplication of services, while in others, especially in the rural areas, there have been no support services at all. The RED Door Advice Centres have been established to coordinate support services and make sure they are easily available, when and where they are needed.
<fn>GOV-ZA.134bulletinEn.2012-02-10.en.txt</fn>
1 New laboratory, 1 library, 1 computer centre, 4 toilets, water, 1 kitchen, rails and ramps and renovation of 15 classrooms at Prof. S.S.
Suppliers who have tendered for any of the above projects are requested to collect these tenders from the Regional Supply Chain Offices where they have submitted.
Ensure that the receipts for the respective documents are kept safe, in order to collect an alternative document or re-advertised projects.
Venue: Building no 8, Riverside Government Complex, Nelspruit, room no.
Venue: Building no 8, Riverside Government Complex, Nelspruit room no.
<fn>GOV-ZA.134intergoverntalrelationtoolkitEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.134ministershicekavisitsmakhazaasstalematebetwcityandcommunitycontinuesovertoiletsEn.2012-02-10.en.txt</fn>
They are working at Prestige office and housing accommodation, including the Parliamentary Precinct, VIP houses and Parliamentary Villages. This contract includes a Performance Monitoring System, Building Maintenance Plans, a Prioritised Preventative Maintenance & Life-Cycle Replacement Control Plan, an Emergency Repair Plan and a Planned Maintenance Programme.
With an allocation of R900 million in 2003/2004, the Department of Correctional Services is the largest investor with the Department of Public Works for the improvement of its physical accommodation. Others are Justice (R229 million), SAPS (R208 million) and Arts and Culture (R145 million), among the top four.
Acting Transport Minister, Jeff Radebe, briefs the media on the Department's key programme before the Transport budget vote speech on 9 June 2003 The Acting Transport Minister, Mr Jeff Radebe, will brief and take questions from the media on key projects of the Department of Transport before the Departmental Budget Vote speech in the National Assembly at 16:00 on 9 June 2003.
The wine industry currently contributes R163 billion a year to the South Africa's Gross Domestic Product and employs 257 000 people either directly and indirectly while an additional R4.2 billion is generated annually through wine tourism. The competitiveness of the wine industry in South Africa, however, will only increase and can only be sustained when the business environment for participants in the industry is dynamic, innovative, stimulating and intensely competitive.
URL: http://www.info.gov.za/speeches/2006/06040612151001.
<fn>GOV-ZA.135bulletinEn.2012-02-10.en.txt</fn>
Cellular : 072 109 7629 3. ALL TENDERS AND PROPOSALS SHOULD BE DELIVERED OR COURIERED TO THE FOLLOWING OFFICES, BEFORE THE CLOSING DATE AND TIME.
R150 .00 per document or R450 per set of three documents for RTT/021. The amount is payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Venue: Offices of the Department of Roads & Transport, Nkangala Region, Cnr.
Website: www.cidb.org.
Implement their investment programmes in such a manner that the national economy is strengthened in a sustainable way.
In order to attain this vision it is critical that the department develops a world-class shareholder management model, enabling effective collaboration between the shareholders and the board.
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This guide contains information about the tax laws and other statutory obligations that apply to small businesses. It describes some of the forms of business organisations in South Africa and explains the tax responsibilities of each.
<fn>GOV-ZA.136bulletinEn.2012-02-10.en.txt</fn>
Contracts for monetary values ranging from R0.1 up to R5.0 million.
Contract Value % of Guarantee value required Over R5.0 million up to R6.0 million 6% Over R6.0 million up to R7.0 million 7% Over 7.0 million up to R8.0 million 8% Over 8.0 million up to R9.0 million 9% Over 9.
Issued by the Office of Provincial Supply Chain Management, on behalf of Provincial Departments: Private Bag X11246 Tel: (013) 766 8259, 766 8258, 766 8260 766 8265 Nelspruit 1200 Fax: (013) 766 8455 Enquiries: Ms T.K.
Bid Documentation Section Riverside Government Complex Visitors Centre, Building no.
READING OUT OF BID PRICES Henceforth, only the prices of bids in the building, civil, mechanical and electrical works categories will be disclosed on request at the time of opening of bids.
BID LEVY Bidders are hereby advised that the Mpumalanga Provincial Government will only accept bank guaranteed cheques, cash or postal orders as payment for the bid levy.
Non-refundable fee: R 100-00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Compulsory briefing session Date: 20 August 2007 Time: 10h00 Venue: Riverside Government Complex, Nelspruit, Building No.
Non-refundable fee: R100-00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Compulsory briefing session Date: 20 August 2007 Time: 14h00 Venue: Riverside Government Complex, Nelspruit, Building No.
Non-refundable fee: R100 .00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Compulsory site briefing: Date: 4 September 2007 Time: 10h00 Venue: In front of building no.
Compulsory site briefing: Date: 5 September 2007 Time: 10h00 Venue: In front of building no.
Non-refundable fee: R300 .00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Supply Chain Management Office.
Please note that the space is limited and therefore if you are interested in attending contact Ms. Thembi Thwala at (013) 766 4597 during office hours alternatively at 082 335 5669.
PW/469/07/MP (Readvertisement) Construction of 5 classrooms, 1 laboratory, 1 library, 1 computer centre, 1 school hall, 24 toilets, fence, 1 kitchen, rails and ramps, 2 sports grounds, 1 car park, renovation of 15 classrooms and 1 administration block at Prof. S.S.
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3.3 Vhalani mafhungo a tevhelaho uri ni »o kona u fhindula mbudziso dzo »isendekaho khao.
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Every year during the summer months there is a sharp increase in the number of babies and small children under 2 years who become very ill with diarrhoea and vomiting. The summer months of this year have seen an accelerated campaign from Western Cape health services to prevent the death or hospitalization of these children.
Diarrhoeal disease is directly associated with poor hygiene and sanitation. Incidences are particularly marked in the peri-urban Metropole where the population is increasing at an estimated rate of between 44 000 and 48 000 people settling in the area per year. This puts a huge burden on the existing housing and sanitation infrastructure.
"We are seeing more severe diarrhoea in children as a consequence of AIDS and the pressures of poverty. But the deaths of these babies can and must be prevented through increased efforts to improve hygiene and sanitation, through stepping up treatment of cases at primary health care level and through building the capacity of the child's carer to understand and manage the illness," said Pierre Uys, Western Cape Minister of Health for the Western Cape.
Diarhoea and vomiting cause dehydration through the loss of fluid from the body and severe dehydration can result in death. In very small babies this can take place in a matter of hours - in larger babies within a few days.
On Wednesday 7 June, the Khayelitsha Social Capital Project of the Western Cape Health Department, together with the Health Promotion Programme will hold a final mobilisation and thank you event for the 85 community health workers who have been working hard on the campaign all summer.
It is essential to prevent diarrhea before it starts by practicing good hygiene (regular hand-washing in particular) and it is important that those caring for children know what to do when the child becomes ill.
The Western Cape campaign has extensively promoted hand-washing and good hygiene in the most affected areas. However equal attention has been given to promoting and supporting the use of a simple home remedy to counter dehydration.
Known as the 'SSS, the recipe is given as a drink and consists of 1 litre of water, 8 teaspoons of sugar and half a teaspoon of salt. If used correctly it can save the child's life. The recipe has been widely taught, through public health facilities and in households by community health workers.
Before temporarily downscaling the campaign, community health workers will mobilize their energies over the next few weeks. They will visit households and daycare centers with a specially designed 1 litre plastic bottle with the 'SSS' recipe and a 5ml measuring spoon. These bottles, kindly donated by Nampak-Liquid, are designed to remind the householder of the correct recipe and to provide a convenient measure and container for the remedy.
Head of Department, Professor Craig Househam confirmed the commitment of the department to continue the fight against diarrhoea. The Department is currently evaluating the effectiveness of the 2005/6 campaign.
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R 50-00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Bidders who can present their receipt for purchasing this document before, may collect a new tender document free of charge.
R 100-00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Venue: Riverside Government Complex, Nelspruit, room no.
Ms. S.S.
Venue: Riverside Government Complex, Nelspruit, Building no.
R 200-00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Venue: Nelspruit. Riverside Government Complex, Building no.
Appointment of a service provider for the development of a Hazardous waste management plan for the Mpumalanga Province.
Request for proposals for the rental of switchboards (PABX Systems) which include management systems and cell routers for the Department of Roads and Transport for a period of 36 months with an option to renew for another 36 months.
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<fn>GOV-ZA.137policyprocessEn.2012-02-10.en.txt</fn>
Results: 1 to 20 of 124 (104467 searched in 0.824.
URL: http://www.info.gov.za/speeches/2003/03120510461002.
<fn>GOV-ZA.138bulletinEn.2012-02-10.en.txt</fn>
Non-refundable fee: R 50-00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government. Bidders who can present their receipt for purchasing this document before, may collect a new tender document free of charge.
Compulsory briefing session: Date: 23 October 2007 Time: 10:00 Venue: Riverside Government Complex, Nelspruit, Building no.
Description: CONDUCTING OF SECTION 78 (MUNICIPAL SYSTEM ACT, ACT NO.
Description: CONDUCTING OF SECTION 78 (MUNICIPAL SYSTEM ACT, ACT NO.32 OF 2000) CAPACITY ASSESSMENT ON SOLID WASTE MANAGEMENT IN GOVAN MBEKI LOCAL MUNICIPALITY IN THE MPUMALANGA PROVINCE.
Non-refundable fee: R 200-00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Non-refundable fee: R 300-00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Description: CONSTRUCTION OF 1 LIBRARY, 1 COMPUTER CENTRE, 6 TOILETS, ELECTRICITY, WATER, 1 KITCHEN AND RENOVATION OF 15 CLASSROOMS AT THULASIZWE PRIMARY SCHOOL---NKANGALA REGION.
Old TPA Building, Upper ground floor, Main Entrance.
ALA/036/06/MP Appointment of a soil specialist to determine irrigation potential at Nkomazi Municipality in Ehlanzeni District (Casp) EARTH SCIENCE SOLUTION R783 048.
ALA/060/06/MP Appointment of a service provider for the development of a Hazardous waste management plan for the Mpumalanga Province. DUBE NGELEZA WIECHERS R1 560 000.
ALA/075/06/MP Dam safety inspections GOLDEN POND R221 524.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region DUMAKUDE TRD CC R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region ESTERN TRANSPORT & CONSTRUCTION R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region JUST RIGHT TRADING R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region SHUSHINE TRANSPORT SERVICE R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region SHIRDO TRD R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region MODA WOMAN PROJECTS R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region MASAMBENI YOUTH TRD R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region MAGNAVOLT TRD 578 CC R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region TEKWANE BUSINESS ENTERPRISE R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region THENJWAKO CONSTRUCTION &PROJECT R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region TRIPONZA TRD 143 R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region WEST POINT TRD 273 &BBLSE TRD R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region SNNT CC/LEBATAMA JV R1 200 000.
RTT/020/06/MP A Three year contract: The carting of gravel for departmental road construction and or maintenance projects in the Ehlanzeni Region BASADI CIVIL CONSTRUCTION R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region BASADI CIVIL CONSTRUCTION R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region NAMAZIYANE'S TRANSPORT AND CARRIES R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region GEZI BUILDING CONSTRUCTION & MAINTENANCE R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region ELIOT CONSTRUCTION R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region KGAUGELO KGOMOTSO KARABO PROJECTS ENTERPRISE R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region LETSHOLO & SONS CONSTRUCTION R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region NOMAZIYANE'S TRANSPORT & CARRIES R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region MAKGWENI DEVELOPERS CC R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region MAGIYA WOMAN DEVELOPERS CC R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region MP MASILELA TRANSPORT SERVICES R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region RUMAMINA CONSTRUCTION CC R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region SOMNONO CONSTRUCTION CC R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region SHIRINDI & FAMILY PROJECTS CC R1 200 000.
RTT/020/06/MP B Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Nkangala Region ZJ NGOMA CONSTRUCTION CC R1 200 000.
RTT/020/06/MP C Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Gert Sibande Region MPIYEKHESWAZI CONSTRUCTION CC R1 200 000.
RTT/020/06/MP C Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Gert Sibande Region ESTERN TRANSPORT & CONSTRUCTION R1 200 000.
RTT/020/06/MP C Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Gert Sibande Region FREDERICK & DAVID CONSTRUCTION R1 200 000.
RTT/020/06/MP C Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Gert Sibande Region NDLAMBILI'S CONSTRUCTION & PROJECTS R1 200 000.
RTT/020/06/MP C Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Gert Sibande Region GEZI BUILDING CONSTRUCTION & MAINTENANCE R1 200 000.
RTT/020/06/MP C Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Gert Sibande Region NDUKUZEMBI CONSTRUCTION CC R1 200 000.
RTT/020/06/MP C Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Gert Sibande Region SNNT & SKZA JOINT VENTURE R1 200 000.
RTT/020/06/MP C Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Gert Sibande Region THENJWAKO CONSTRUCTION &PROJECT R1 200 000.
RTT/020/06/MP C Three year contract : The carting of gravel for departmental road construction and/or maintenance project in the Gert Sibande Region THOBO CONSTRUCTION CC R1 200 000.
RTT/023/06/MP Request for a proposal for an advertising, design and communication agent on road safety for the Department of Roads and Transport for a three year period MZILA PROMOTIONS R12 600 000.
RTT/026/06/MP A 3 year period: Crack-sealing and patching of roads in the Ehlanzeni region of Mpumalanga MOSEME ROAD CONSTRUCTION CC R6 000 000.
RTT/026/06/MP A 3 year period: Crack-sealing and patching of roads in the Ehlanzeni region of Mpumalanga BLACK TOP SURFACES (PTY)LTD R6 000 000.
RTT/026/06/MP B 3 year period: Crack-sealing and patching of roads in the Nkangala region of Mpumalanga BLACK TOP SURFACES (PTY)LTD R6 000 000.
RTT/026/06/MP B 3 year period: Crack-sealing and patching of roads in the Nkangala region of Mpumalanga MOSEME ROAD CONSTRUCTION CC R6 000 000.
RTT/032/06/MP Request for proposals for the rental of switchboards (PABX Systems) which include management systems and cell routers for the Department of Roads and Transport for a period of 36 months with an option to renew for another 36 months. HUX IT CONSORTIUM(PTY)LTD R2 038 661.
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Ministers of Transport Sibusiso Ndebele and Public Enterprises Barbara Hogan met with senior officials from the Passenger Rail Agency of South Africa (PRASA) and Transnet, led by PRASA CEO Lucky Montana and Transnet acting CEO Chris Wells, regarding their impasse in Pretoria earlier today Friday, 22 October 2010.
Minister Ndebele said that the meeting was constructive and the differences between PRASA and Transnet have been ironed out.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=13963&tid=23060 Size: 791 bytes Speaker: S Ndebele Collection: speeches_cm?
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The State Owned Enterprises (SOEs) within the DPE portfolio are: Alexkor, Broadband Infraco, Denel, Eskom, the Pebble Bed Modular Reactor project, South African Airways, South African Express Airways, South African Forestry Company Limited and Transnet.
The charter was launched in November 1999 and a National Policy on Quality in Health Care for South Africa followed suit to provide a strategy to improve the quality of care in the public and private sectors, to encourage the many health professions to work together to improve professional standards and to foster a partnership between the public and private sectors.
We are unable to say at this moment exactly what they are, but from the national Department of Health, we have assembled a team of over 15 people, under the leadership of the ex Deputy Auditor-General, with the consent of all our MECs and our health departments which we reached at our National Health Council last week. But the National Health Insurance must become a very important debate in our country.
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Venue: Riverside Government Complex, Nelspruit, Department of Agriculture and Land Administration, Building No.
Venue: Nelspruit, Riverside Government Complex, Building no.
Venue: Nelspruit, Riverside Government Complex, Building 8, First Floor, Room no.
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Mr. Programme Director Premier of the Western Cape Mr. Ebrahim Rasool MEC for Public Works, Roads and Transport Mr. Marius
I would first of all like to thank the MEC of Public Works in the Western Cape Mr. Fransman and the provincial Cabinet under the leadership of Premier Rasool for providing the platform for me to address you this evening.
I am even more thrilled because I have been asked to speak during an occasion for the granting of bursaries to deserving students of the Western Cape. This in particular makes me happy because having worked as a teacher myself and coming from the rural area of the Eastern Cape, I attach particular significance to empowerment through education.
In his State of the Nation address on the 3rd February this year President Thabo Mbeki envisaged a new era for South Africa - an Age of Hope. The Age of Hope is today able to dawn because of the years of hard work that the government, together with the people of South Africa, has put in over the years.
It is pleasing, as President Mbeki notes that this optimism is not only shared by members of Cabinet, but it is increasingly shared by the private sector and ordinary members of our society. Various opinion surveys affirm the fact that the people of South Africa are "convinced that we have created the necessary conditions to achieve more rapid progress towards the realisation of their dreams."
One of government's most visible programmes, the Expanded Public Works Programme(EPWP) which aims at addressing the challenges of job creation and the eradication of poverty, is anchored on that dream. This dream is shared by the recipients of tonight's bursaries. This dream -of a life which is better tomorrow, than it was yesterday -is shared by the masses of our people wherever they may be in this country of ours.
You will have already noticed that tonight I am going to be using the following words quite a few times: "Shared" and "Hope".
"If you want to build a ship, don't herd people together to collect wood and don't assign tasks and work, rather teach them to long for the endless immensity of the sea".
In the words of Nobel Prize winner Arundhati Roy, "Not only is another world possible, she is on her way. On a quiet day, I can hear her breathing".
"If liberty and equality, as is thought by some, are chiefly to be found in democracy, they will be best attained when all persons alike share in government to the utmost".
Growth Initiative of South Africa (AsgiSA) under the leadership of Deputy President Phumzile Mlambo-Ngcuka.
will explain why this burden may be placed on this programme.
4% growth is still limited to a few. In other words it is not shared. For growth to be shared it must continue to rise on average every year. We think as government the magic number is 4.5% up to 2010 and 6% thereafter.
50% in 2014.
AsgiSA has identified for isolation and removal. In seeking to do this, AsgiSA will rally all sectors of South Africa in a way that has never been done before in order to pull in one direction for the betterment of the lives of all.
The volatility of the currency which is affecting our ability to take advantage of the import and export market.
The cost, efficiency and capacity of the national logistics system and the way it escalates the cost of moving goods, the price of goods and foreign direct investment.
Skills, plus the geographical location of labour in relation to capital, a legacy of apartheid which we are addressing through our social policy.
Deficiencies in state organization, capacity and leadership.
We cannot do much in the short term about the volatility of the rand. We can however do something about the cost of logistics in our economy. We can also positively affect our capacity at public and private sector level by improving the skills base. These, among others are the constraints which stand in the way of sustained economic growth, and therefore have the potential to inhibit our dream of a shared growth going forward. These are some of the issues we will have to address in order to deal decisively with the gap between the First and Second Economy. This is why AsgiSA will seize our imagination in the years to come.
President Mbeki has warned of the persistence of chronic poverty in the midst of wealth and economic growth. As measured by the Gini Coefficient, South Africa has one of the most skewed distributions of wealth in the world. This is worse than Nigeria, Brazil and India. In South Africa the top 10% of income earners receive 65% of the total income while the bottom 10% receives only 3% of the total income.
Under AsgiSA, the EPWP, a transversal and successful programme of government has demonstrated how we can deal with some of the above challenges. In the end several issues of inter sphere co-ordination and targeted skills development are being addressed. This in turn through the adoption of best practices, impacts positively on the capacity of government to deliver projects on a cost effective basis.
The EPWP was implemented in 2004 to refocus government expenditure on goods and services towards job creation and skills development. To date the EPWP has been surpassing all employment creation targets with more than 220 000 work opportunities created in the first year and an additional 60 000 in the first quarter of the second year.
With 31 provincial departments and municipalities signing Memoranda of Understanding (MOU) with the DPW and CETA, the Vuk'uphile Learnership Programme has grown rapidly from the initial target of 500 learnerships to 1971 learnerships. We are planning 3000 learnerships over the next 4 to 5 years.
Learners will execute R3 billion worth of provincial and municipal EPWP infrastructure projects as their training projects thus creating approximately 150 000 work opportunities. We have estimated that provincial and municipal expenditure on labour-intensive projects could sustain over 3000 specialist labour-intensive contactors over the long-term.
Because of the ability of the road construction and road maintenance sector of our infrastructure delivery programme to absorb and spend their budget, the South African government has identified these sectors to lead on up scaled EPWP in an effort to massify its impact.
Consequently the Cabinet endorsed at the last two Lekgotlas (July2005 & January 2006) that the scale and impact of the EPWP be increased, meaning that job opportunities be created on a greater scale.
We will do this in two ways. The first is by increasing the number of more labour intensive programmes and seeking ways for more funding. We have already been granted R4.5billion for this purpose. We will use this additional funding on labour intensive road construction, rehabilitation and maintenance under the EPWP over the METF from 2006-2007.
I am pleased to say that this amount will result in 145 000160 000 additional work opportunities over the period. This will also result in the construction of 3000 km new low volume roads. This will result in the maintenance of approximately 50 000 km of existing roads, thus improving the quality of the overall road network. At a social impact level the roads will improve access to clinics, economic opportunities, schools, clinics and other government services and local economic development.
Provinces will have to submit projects on which these funds will be spent. The submissions will be assessed by a joint committee consisting of Department of Transport, EPWP Unit in Department of Public Works and National Treasury. One of the requirements for allocation will be that the projects are larger than R30million to increase the scale and impact.
Let me illustrate why this is so. An expenditure of R100 million through 50 separate projects with an average value of R2 million requires far more government management capacity than expenditure of R100 million through a single project. It requires 50 separate tender processes, processing of 50 separate invoices on a monthly basis etc. I have concluded that the predominance of small projects thus further compounds the shortage of capacity in government to manage increasing infrastructure budgets.
In addition bigger projects act as incentive to attract the investment of the private sector as many companies perceive them to be more profitable. The benefits for this public private partnerships are immense, including skills transfer, black economic empowerment, small enterprise development and nation-building.
This specific intervention by the DPW is part of the broader AsgiSA and is but one programme that seeks to aid the push towards a Shared Growth in this country. You will know that in other parts of the economy the government has committed R372 billion to accelerated infrastructure investment in underdeveloped and rural areas of our country. This includes the provision of: roads and rail; water; energy; housing, schools and clinics; business premises and business support centres; sports facilities; and, multi-purpose government service centres, including police stations and courts.
On the broader skills levels we recognize the crisis in our sector as germane to the challenges we face in the built environment. For example, the total number of registered engineers declined from 15530 in 1998 to 14900 in 2004. The resultant ratio of citizens per engineer is 2923 as compared to 184 in Australia and 220 in the UK. In South Africa there are 3.9 registered quantity surveyors per 100 000 population compared to 35 per 100 000 in the UK.
As cause and effect of this, in Local Government there are between 400 and 500 vacancies for built environment professionals. A survey being conducted at present is pointing to some 800 vacancies for built environment professionals at all levels within national and provincial government.
According to the Engineering Council of South Africa, some 500 - 800 engineers will be retiring annually from 2009 onwards. This exceeds the numbers who are currently graduating and to make matters worse, a very large percentage of current graduates are emigrating. In 2001 more than 90% of graduates emigrated.
I therefore commend the Provincial Government of the Western Cape for setting up a Cabinet Scarce Skills committee. I want to especially congratulate the Department of Transport and Local Government for dramatically upscaling the number of bursaries being offered for the built environment fields - from 10 per annum to a targeted 250 per annum. I understand that you're offering bursaries to 130 learners this year!
To you young people who have been awarded bursaries for this year, I want to say that you have been given a wonderful opportunity to contribute to growing our economy. Make South Africa a country for all those who live in it where noone will go hungry.
I am pleased to see so many parents here tonight. Parents, you can be justly proud of your children, who have been chosen from over 800 applicants. Each and every one of you has an important role to play in supporting your child during her/his studies. I am pleased that the Department, in recognition of the important role of parents and guardians has invited you to the bursary award ceremony which is also the launch of the Masakh'iSizwe project.
This project has truly wonderful vision, namely, to develop a cadre of "nation builders" who are committed to building a non-racial, democratic and just society. The bursary opportunity is therefore far more than a study and job opportunity. Seize it with both hands and see it as an opportunity to make a major contribution to the "Age of Hope" that our President spoke of in his State of the Nation address. It is time to play your part.
I wish you well in your studies and the future. To end may I say the following: Life does not consist of the wrong cards that ones has been handed, it consists of one's ability to hope that in there could be born a better tomorrow.
This will happen when the have-nots of the past are lifted enough by the prospects of a better future, to believe in the present. I have no doubt that this will happen because those who are yet to benefit qualitatively from our 1994 political settlement know that their turn is around the corner. Welcome to the Age of Hope.
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Poverty is most commonly quantified in relation to the income and expenditure of an individual, household or group of people.
More developed approaches to poverty measurement take into account the social wage, which can include state provision of subsidies and services, such as water or housing, at reduced or no cost.
In 2000 Statistics SA published a path-breaking study, which extended the definition of poverty to include "the denial of opportunities and choices most basic to human development to lead a long, healthy, creative life and to enjoy a decent standard of living, freedom, dignity, self-esteem and respect".
Building on this approach, a team of academics and researchers drawn from Stats SA, Oxford University and the Human Sciences Research Council has developed an approach to the measurement of poverty in South Africa that takes into account income and material deprivation, employment deprivation, health deprivation, education deprivation and the quality of the environment in which people live.
The team's work is in a strong international tradition, which defines deprivation as "unmet needs" across different aspects of social and economic life, not just needs of an income or expenditure nature.
The first report of this team, titled The Provincial Indices of Multiple Deprivation for South Africa, was recently released. This report and the data sets accompanying it provide ward-level information about deprivation. A ward-level index of multiple deprivation has been created for each province using data from the 2001 population census. This enables wards within each province to be set alongside one another, to see how they compare in terms of deprivation.
The income and material deprivation domain captures people who live in a low-income household, that is, where the income is below 40 percent of the national mean equivalent household income. It also captures people in a household without a refrigerator and those with neither a television nor a radio.
The health deprivation domain identifies areas with relatively high rates of people who die prematurely. It includes age and gender standardisation.
The education deprivation domain determines areas where historical educational disadvantage is greatest. This is done by describing proportions of the working-age population with no schooling at secondary level or above.
Finally, the living environment deprivation domain catalogues the quality of aspects of the immediate environment that affect the quality of day-to-day life. This field takes into account people living in a household without piped water on the plot or within 200m; without a pit latrine or flush toilet; people without the use of electricity; people without access to a telephone; and people living in a shack or a crowded household.
Each provincial index of multiple deprivation is constructed using 13 indicators and provides a relative picture of deprivation. Even the wards that rank as least deprived in a province will contain some deprived people.
Together with local knowledge of conditions, these indices will allow for better targeting of service provision and poverty reduction programmes.
The Provincial Indices of Multiple Deprivation for South Africa is accompanied by a technical report, which contains details about methodological techniques. It includes maps of each province showing the multiple deprivation indices at ward level, as well as spreadsheets containing the ward-level data for each province.
Multiple deprivation indices represent a considerable advance in the way poverty is conceptualised and measured. Proper use can increase the impact of poverty alleviation programmes and sharpen the focus in delivery of services.
This is expressed in the hope of Oxford University's Professor Noble, who led the research team, that the indices and subsequent work "will contribute to South Africa's evidence base to inform policy making and delivery".
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The 13th International AIDS Conference held in Durban from 9 - 14 July 2000 presented a very important opportunity to focus on HIV/AIDS in the developing world, as South Africa was the first developing country to host the Conference. It also demonstrated clearly that South Africa is capable of hosting major international events.
Right from the beginning when South Africa decided to bid to host the Conference, we were clear that South Africa was looking for much more than just being a physical location for the event. We wanted to ensure that the conference has a strong African imprint and that it confronts issues pertinent to our continent and other developing countries.
Previous International AIDS Conferences were not only hosted in the north, but also focused on the challenges of the developed world. The Durban conference was different, and was a success in terms of the goals set by the government. Most importantly, it had a strong African character as evidenced by the participation of more than 4000 African delegates out of a total of about 12,300. Also striking was a strong African contingent amongst the media representatives who enhanced the prospects of wider coverage of the events within our continent.
This Conference, started and driven by the International AIDS Society (IAS), is primarily aimed at international researchers, as the main content is scientific in nature. The South African Conference Organising Committee managed to bring a more balanced perspective to this Conference by adding a track on Rights, Politics, Commitment and Action, as well as community programmes.
The programme was very full, and many attendees found it difficult to decide between the parallel oral sessions, poster presentations and community programmes.
This addressed virology, microbiology, immunology, and molecular biology research relevant for the diagnosis, treatment and prevention of HIV/AIDS. The research topics were related to basic retrovirology, evaluation of new diagnostic techniques, animal models for pathogenesis, vaccines and treatment, opportunistic pathogens associated with HIV/AIDS, and vaccine research.
Track B focused on clinical research, including topics such as the clinical course of HIV infection, prevention and treatment of opportunistic diseases, antiretroviral therapies, and clinical trials for preventing mother-to-child transmission, gene therapy, and provision of care.
Track C covered research on descriptive and molecular epidemiology of HIV, determinants of HIV transmission and risk factors, natural history, progression of the disease and survival, evaluation of biomedical and behavioural interventions, and public health strategies.
Track D was devoted to social and behavioural sciences, including Economics, Anthropology, Psychology and Sociology. This track concerns the social theory that underpins response to the HIV/AIDS epidemic.
Track E explored how policies and programmes are created, debated, applied and evaluated. The roles and responsibilities of governments, intergovernmental organisations and the private sector were addressed.
The area of prevention mainly focused on those interventions that have shown to be successful.
Several papers that were presented highlighted the cost-effectiveness of the female condom in preventing the transmission of HIV and STDs, especially in specific target groups.
The attitudes of healthcare providers have a significant impact on acceptability of the female condoms in the community.
A comprehensive introductory programme, including integration into existing reproductive health services and training for healthcare providers.
Continue to explore strategic ways to expand access to the female condom.
Seek additional funds via the International Partnership Against AIDS to procure more female condoms.
More focus is needed on expanding access through non-traditional outlets. This would include expanding social condom marketing.
There is also a need for monitoring quality standards and estimating realistic condom requirements to maximise potential cost earnings and ensure less condom wastage.
Generally male condoms are widely accepted, both for prevention of STDs and HIV. The only limiting factor is the fact that they are "male controlled" devices - women often cannot negotiate condom use in both stable and unstable relationships.
South Africa is unusual in that it has such a large-scale distribution of free condoms. This factor has made it difficult for social marketing to develop on the scale seen in other countries. The Department supports the Society for Family Health (SFH) in local social marketing of both male and female condoms. SFH also receives funding from the UK Department for International Development (DFID).
Continue to encourage partner organisations (e.g. private sector) to procure male and female condoms for free distribution to reduce their dependence on the public sector supply. However, partners should also be encourage to explore means of facilitating the expanded role of social marketing of male and female condoms to individuals who are able to afford to pay for their condoms. In most developing countries, this is the niche filled by social marketing in the segmentation of the condom market. It is counterproductive and unsustainable to provide free condoms to those who can pay while free condoms remain less accessible to the poor, the unemployed and those in more remote rural areas that are unlikely to be serviced by social marketing programmes.
Publicise the fact that social marketing will be promoted increasingly to reduce the unsustainable financial burden of South Africa's dependence on free public sector condoms.
Seek advice from the Barrier Methods Task Force on the way forward.
Seek additional funding for SFH from the national and provincial departments, international partners and the private sector.
It is a known fact that the HIV/AIDS epidemic is driven by social, cultural and economic factors as well as gender imbalances. Despite this knowledge many of the prevention strategies such as condom use and reduction of sexual partners often cannot be controlled by women. Microbicides and products used vaginally to prevent infection would offer the potential for women to protect themselves.
Scientists are using two general approaches to microbicide development: developing and testing new substances, and investigating the potential microbicidal activity of existing spermicidal products and reformulations of these products. The latter approach is a potentially fast-track strategy since such products are already licensed for use as vaginal spermicides.
Killing or inactivating infectious pathogens - examples include detergent-like chemicals that disrupt the lipid membranes of cells and the envelopes (surface) of HIV. Products in this category include the existing spermicides nonoxynol-9 and benzalkonium chloride, menfagol and N-docosanol.
Blocking attachment to target cells and entry of infection pathogens - these compounds may prevent infection by blocking the attachment of pathogens to the mucosal surface of target cells. Examples include sulphated and sulphonated polymers such as PC-515 (carrageenan), Pro-2000 and Dextrin 2 Sulphate.
Preventing infection from taking hold - examples include antiretroviral agents like PMPA gel, which prevents HIV from replicating in cells, and plantibodies, anti-HIV antibodies genetically engineered from plants that would combat pathogens before infection occurs.
Enhancing vaginal defence mechanisms - this approach seeks to enhance the vagina's naturally acidic environment and production of hydrogen peroxide, both of which are hostile to pathogens including HIV. Examples include BufferGel and Acidform, which help the vagina to maintain natural levels of acidity in the presence of semen, and suppositories containing lactobacillus, which lives normally in the healthy vagina and which produces hydrogen peroxide.
One major trial using nonoxynol-9 showed a negative outcome. Previous studies with N-9 have been disappointing, either being inconclusive or showing N-9 to be harmful by actually increasing the risk of acquiring HIV infection. It is unlikely that further studies will use N-9 as a candidate microbicide.
Many other studies presented at the conference were more encouraging. For example, animal studies with sodium dodecyl sulphate (SDS) have demonstrated low virutant effect and lethality against STD pathogens, including papilloma viruses. Should such agents display the same positive outcomes in human studies, they may have the potential to prevent HIV and herpes injections. By inactivating HPV, they could also have a major impact on the most common cancer in South African women, cervical cancer.
The problems around N9 and impact on viral transmission need to be clarified.
Continue supporting research on safe microbicides.
A growing body of scientific publications suggests that male circumcision is associated with a reduced risk of HIV infection in sub-Saharan Africa. Thus, some investigators are considering male circumcision as a potential intervention in the prevention of sexually transmitted HIV infection, even though this procedure has profound cultural implications and carries the risk of complications, and its benefits might be realised only many years later.
It has been determined that there is considerable evidence supporting a protective effect of male circumcision on HIV infection in men in sub-Saharan Africa. It was also concluded that there are many unknowns.
The expected effect of male circumcision on HIV infection in different populations.
In addition, little is known about the impact and cost-effectiveness of male circumcision among high-risk versus lower-risk seronegative men, while questions remain about the relationship between age of circumcision and risk of HIV infection.
There is very little experience concerning the practicality, feasibility, acceptability and cost-effectiveness of male circumcision as an HIV intervention. The effect of male circumcision on male and female risk behaviour and condom use is not known, but behavioural changes related to circumcision status that result in reduced protection and increased risk-taking could well eliminate or reverse the beneficial effect of male circumcision.
While it may be premature to recommend male circumcision in currently non-circumcising communities, research on male circumcision should be done in populations where circumcision is currently practised, and acceptability studies can be done elsewhere.
Several papers emphasised the already established fact that high rates of STDs enhance HIV transmission and acquisition.
The impact of nutritional deficiency on viral shedding through the vaginal mucosa was demonstrated in several studies. Women who had significantly decreased levels of nutrients and vitamins shed more viruses through cervical secretions.
Several studies continued to show that among STD clinic attendees, knowledge of HIV and access to condoms did not impact on risky sexual behaviour. Strategies to effect sustainable behaviour change need to be developed as a matter of urgency. Other risk factors such as dry sex and vaginal douching are associated with STDs and increased risk of HIV transmission and thus need to be discouraged.
Include STDs on behavioural surveys as a critical component of our overall surveillance system so as to better understand the impact of our interventions.
The conference provided a platform for the sharing of prevention strategies that have been proven to be successful. Several authors reported on school-based initiatives and suggested that a comprehensive sexuality education package, rather than HIV/AIDS education in isolation, has proven to be more effective. Several others supported this approach and presented some results of the effectiveness thereof.
Interactive approaches, as opposed to traditional one-way teaching strategies, are recommended.
Peer education approaches in different sectors of the community, including in and out of school youth, sex workers, people at their places of employment, etc, also received support from several authors. Peer education is described as "the key to mass awareness programmes". A model for youth-friendly prevention interventions using activities like sport, campaigns, debate teams, quiz competitions, etc. was also presented.
The importance of Life Skills programmes in schools was highlighted. Some of the shortcomings of these programmes were highlighted, including their passive nature, the lack of interaction, time constraints in the schooling environment, and the availability of trained life skills teachers.
The limitations of materials (leaflets) and radio messages in terms of their passive nature were highlighted.
The issue of lack of programmes in institutions of higher learning was also addressed. This can be overcome by an interdisciplinary, credit-bearing university course. Such a programme could be coordinated by Dentistry, Medicine, Nursing, Pharmacy and Public Health. This would emphasise the interdisciplinary approach needed for the working environment.
One of the papers addressed the education of children or youth with disabilities (e.g. deafness, blindness, mental disability), but more information is needed in this area.
Present life skills as a component of school curricula in a non-threatening way, shifting away from a health focus (e.g. present impact of HIV/AIDS on development, economics, accounting etc.
Focus more on peer education - invest more in the learner than in the teacher.
Develop education material for children/learners with disabilities.
Promote the systematic and focused involvement of parents and the community.
Ensure a more participatory rather than passive approach.
The main emphasis was on HAART and other antiretroviral therapies.
Research was presented on the reconstitution of the immune system and new concepts such as structured intermittent therapy. A number of new antiretrovirals are in development, including drugs in existing classes with activity against resistant strains, as well as new drug classes.
The issue of access to treatment received a lot of attention in the Conference from a variety of presenters. Here the stark differences between the developed and developing world became very clear.
Strategies for developing countries to access affordable antiretroviral (ARV) treatment, such as parallel importing, compulsory licensing and local production were discussed.
The importance of infrastructure, laboratory support and adherence strategies in terms of the provision of ARV treatment in developing countries was also highlighted.
Compliance to HAART is influenced by many psychosocial factors, which needs to be understood so as to avoid possible problems in future. It was reported that the presence of side effects influenced the rate of compliance. Patients who experienced symptoms were more likely to report that they have not followed the treatment taking instructions. Social support was also found to be having an influence on whether clients comply or not, with those having a sound support-base being more likely to comply.
A survey was conducted with clients on HAART. Many of these reported that they did not fully comply and stated reasons like difficulties in making room for midday doses, undesirable side effects, treatment "burnout" etc.
Questions have also been raised as to whether ART will have an impact on safer sex practices or not in HIV positive individuals.
Several models for promoting adherence were presented. Most of these focused mainly on providing psychosocial support through either support groups or dedicated counsellors.
Drug interaction between Rifampin and some protease inhibitors and NNRTIs require special caution if HAART is provided to patients on TB treatment. Ritonavir and Rifampin can be concomitantly administered in HIV infected TB patients. This combination was not associated with increased liver toxicity. The CDC recommends substitution of rifabutin for TB patients on HAART.
ARV treatment interruptions in Senegal were more related to economic difficulties compared to lifestyle issues in developed countries.
Several studies have highlighted the impact of antiretroviral therapies on disease progression in the developed world. Mortality from AIDS has declined significantly. It is clear that the profile of AIDS defining illness is different from those in the developing world.
Only 1% was asymptomatic by age 5 4.
Strengthening programmes to reduce needlestick and other occupational injuries with a risk of infection can massively reduce the costs of PEP for health workers exposed to HIV and other blood borne pathogens.
Consider disciplinary action for staff found to be ignoring basic harm reduction messages (e.g.
Consider the large-scale purchase of injection and related equipment that prevents health workers from dangerous practices (e.g., needles and syringes with retractable needles, simple 'guard' devices that can be attached to needle etc).
Few studies have assessed the efficacy of PEP in this context. Such studies are ethically and logistically very difficult to conduct. However, in the absence of strong evidence of efficacy of PEP in sexual assault, some countries have approved policies for the use of ARVs for PEP in sexual assault. These countries have based their decisions on data from indirect studies of the efficacy of ARV in occupational PEP.
"Because of the lack of efficacy data for the use of antiretroviral agents to reduce HIV transmission after a possible non-occupational exposure, the PHS is unable to recommend for or against this therapeutic approach."
"Research is needed to establish if and under what circumstances antiretroviral therapy following non-occupational HIV exposure is effective" (CDC, 1998).
From the data presented at the Conference, the situation has not changed much since the CDC made that statement in 1998. There is still limited data available on this topic and the results of the papers presented at the conference are not such that any policy decision could be made based on that alone.
A few studies reported some efficacy of the post-exposure use of ARV in non-occupational exposure to HIV. Sexual exposure was only part of the situations covered and in most cases, sexual exposure subjects constituted only a small fraction of the total sample. In one study a total of 1731 exposures were reported with only 425 of these being sexual exposures. Although no seroconversions were noted in this study, it does however raise the issue of compliance and side effects. Approximately 67% of all the subjects in this study that received ARVs reported experiencing side effects.
In another study 85 subjects who presented for PEP were enrolled. From these, 75% reported side effects and only 45 of the 62 that reported for the 4-weeks followed up had completed their treatment and were fully compliant. This study reported no seroconversions although almost 50% of the subjects reported that their contact was with known HIV-positive individuals.
Another study recruited 54 subjects. Three refused treatment and from the 51 that signed up for the study and agreed to be treated, 69% came for the day-3 follow up, 44% came for the one month follow up and only 9 came for the 3-month follow up. Although no serious side effects were reported, 33 interrupted treatment early on themselves.
The results of a 2-year surveillance in Switzerland were that the prescription of PEP was questionable in two thirds of the cases with the absence of any significant exposure. Although 85% of the cases in this report completed treatment, there were 2 cases of severe side effects (nephrolithiasis with sepsis and toxic hepatitis respectively).
In the light of the above information, there is still a need for more studies to shed more light on this topic. Some countries have developed policies based on indirect data, but the need to investigate the efficacy of ARV in such situations remains a priority.
Collaborate with other relevant departments to explore the feasibility of introducing PEP for individuals who have been sexually assaulted.
Facilitate observational studies of the outcomes of the use of PEP in individuals who have been sexually assaulted.
Some abstracts suggest that there is a link between HIV and HCV infections as risk factors for both infections are similar. This does not mean that HCV is a co-factor for HIV infection.
Human herpes virus 8 (HHV8) is an etiologic agent for Kaposi's sarcoma and is a common infection in patients with HIV infection.
HHV8 can be sexually transmitted.
The coinfection of HIV and Hepatitis viruses is a growing problem.
In an Ethiopian study there was a strong link between HIV and HCV suggesting that the route of transmission for both infections may be similar.
Rate of viral mutations among drug naive patients is high. This finding may have an impact on prophylactic AZT use.
HIV-1 infected women can transmit drug resistant virus to their offspring.
PCP is an important AIDS defining illness in children in South Africa.
The volume of breastmilk and length of exposure are factors in breastmilk transmission of HIV.
Tracking, networking and community support are essential to providing care for orphans and vulnerable children.
In babies under 15 months with severe pneumonia, a positive HIV antibody test has an 88% predictive value for true HIV infection. Intensive care may not be justified in resource poor settings.
Based on a number of studies presented at the above conference, there seems to be a strong relationship between HIV infection and cervical anomalies. It was recommended that appropriate policies be formulated to promote and increase access to screening and care for all HIV-positive women. Some even suggested that there is a need for research on alternative screening methods that will be cheaper and reliable, thereby allowing women in resource-deprived situations to also access this necessary service. In one study cervical cancer was found to be the only AIDS-defining condition in 90% of the women enrolled in a study in Europe and USA. Another found no correlation between the administration of HAART and the presence of cervical cancer in women with HIV/AIDS.
Treatment of Candida vaginitis decreased HIV vaginal shedding.
Although the initial results of an Ivory Coast study suggested the efficacy of cotrimoxazole, a randomised placebo-controlled study in Dakar showed no difference in the study and placebo groups.
In Uganda, mortality rates from severe opportunistic infection are very high. There is need to increase access to preventive and curative treatments for the opportunistic infections, as they are the leading causes of death in Uganda. Lack of affordability, awareness and availability mainly hinder accessibility to drugs in Uganda. Education and mass awareness about prompt treatment is crucial to encourage patients to seek treatment whenever they are not feeling well. Pharmaceutical companies should encourage and assist developing countries to produce some of the essential drugs.
The majority of patients in Southern Africa with access to private forms of health insurance were unable to use this resource to pay for antiretrovirals. This is due to the lack of HIV specific cover offered by these schemes. Those that are able to offer an HIV benefit are, by and large, unable to afford triple regimens.
A Senegalese Governmental Initiative illustrated the feasibility and efficacy of antiretroviral therapy in Sub Saharan African countries. Its sustainability depends on reducing the price of ARV. Access to ARV therapy is more a financial and solidarity challenge than a technical problem.
The importance of developing an HIV vaccine was stressed, as evidenced by the large number of abstracts on this topic. Types of vaccines at the forefront of this initiative include both prophylactic (live of DNA-based) vaccines and therapeutic vaccines.
This topic enjoyed considerable attention in the Conference in this track, and this was also seen as the first Conference that brought more clarity in the field of vaccine development.
The South African AIDS Vaccine Initiative (SAAVI) reports that 8 candidate vaccines are being developed and are currently being evaluated. Three candidate vaccines are almost ready for phase I testing.
Four sites, two of them new ones, in the HIV life cycle were the targets for new or improved antiretrovirals. These include entry inhibitors, Tat inhibitors, second generation NNRTIs and second-generation protease inhibitors.
Candidate vaccine in South Africa will be a mixture of Venezuelan equine encephalitis (VEE) replicon. Phase 1 clinical evaluation in the US and South Africa will occur in 2001.
Phase 1/II trials of AIDSVAX B/E rgp 120 HIV Vaccine in Bangkok, Thailand was safe and generated immune response. A phase III efficacy trial is currently being conducted.
Protocol development/approval for the first HIV vaccine trial in Africa required 3 years. Major hurdles were government regulations and infrastructure development. No community concerns have occurred.
Following vaccine trials in Africa, a research agency in France recommended: peer review of proposed projects in originating and host countries; local ethical review; signed agreements; and special consideration of selected issues such as informed consent, access to therapy after the trial is completed, and best standard of care.
An investigation in Cape Town revealed some confusion in participants on the objective of the trial. Obtaining truly informed consent is challenging and an ongoing process.
Improved oversight of research in correctional facilities; provision of standard treatment to both inmates and non-inmates; elimination of incentives that would unduly influence prisoners to participate.
There is a need for community research ethical committees in addition to Committees organized by academic institutions.
The use of western ethical norms for the protection of human subjects in vaccine trials was found to be inappropriate and the need to consider cultural context and diversities was raised.
In preparations for vaccine trials, several authors assessed what they call "vaccine preparedness" in clients and different settings. There is a relationship between willingness to participate and the level of trial knowledge.
In an investigation in Uganda it was shown that cross-clade cellular immune responses exist in HIV-1 persons. This suggests that that vaccines developed against one clade may promote immune responses in HIV infected persons of another clade. It is possible that vaccines developed against clade A or B might be effective against the predominant clade C in Southern Africa.
In Israel both clade B and clade C are prevalent and both are treated with HAART. The frequency of certain mutations was found to significantly differ between patients infected with clade B and clade C virus. This may impact the utility of specific drugs in patients with a different clade virus. The investigators suggested additional study on this issue.
The first results from SAINT were presented at the Conference. The primary objective of the multicentre study was to compare the efficacy of Nevirapine (NVP) versus ZDV + 3TC in reducing peripartum maternal to child transmission of HIV, when administered in active labour and again post delivery.
The primary analysis focused on the incidence of peripartum infections, defined as infection intra-partum and post-partum up to 8 weeks. The peri-partum infection rates were 5.6% and 3.6% for NVP and ZDV/3TC respectively.
At 4 weeks 11.9% NVP 8.
At 8 weeks 14.1% NVP 10.
The safety data showed that 10 infant deaths occurred in the NVP arm and 17 in the ZDV/3TC arm. None were judged by the investigators to be related to the study therapy. In addition 4 mother dies, though none were judged by investigators as drug-related.
These results were deemed to be comparable with previous results of NVP in HIVNET012 and with ZDV/3TC in the PETRA arm B. With expected transmission rates in excess of 20%, both regimens demonstrate efficacy in prevention of mother-to-child transmission of HIV-1.
Both NVP and ZDV/3TC regimens were safe and well tolerated. No serious drug related events occurred in either group. There was no evidence of serious rash or hepatic events with NVP. Low rates of treatment related events occurred.
This multicentre, randomised, 4 arm, double-blind equivalence trial compared safety and efficacy of maternal ZDV starting at 28 weeks gestational age and 6 weeks infant treatment (long) and 35 weeks gestational age and infant 3 days (short). Infants were formula fed. The transmission rate for the study period was 6.7% (long) and 5.7% (short).
Secondary analysis showed that shortening the maternal treatment was associated with reduced overall efficacy and higher infection rates at birth.
This study provided preliminary data from the investigator-initiated Phase II trial of nucleoside analogues previously not researched for the prevention of MTCT.
Treatment was initiated at 34-36 weeks' gestation, continued during labour and postpartum for the infants for 6 weeks. The study regimes were Stavudine, Didanosine, Didanosine & Stavudine, and Zidovudine.
The preliminary analysis of HIV transmission, performed at 6 weeks, demonstrated a significant reduction of MTCT to 3.6% in the overall study population. The comparable MTCT rates were 4.2% (stavudine), 1.9% (didanosine), 2.0% (stavudine & didanosine) and 6.3% (zidovudine).
Maternal and infant safety evaluation demonstrated no significant treatment-associated toxicities. HIV resistance data have been collected and will be reported with the final study results.
Preliminary results of the Uganda HIVNET012 trial of short-course Nevirapine (NVP) versus short-course AZT to prevent perinatal HIV transmission were reported in 1999. Final HIV- transmission rates up to 14-16 weeks were presented at the Conference, as well as safety and efficacy data.
At birth 8.1% NVP 10.
At 6-8 weeks 11.8% NVP 20.
At 14-16 weeks 13.6% NVP 22.
Serious adverse events were not significantly different between NVP and AZT groups in either women or infants.
Transmission rates on all infants at 12 months were 15.7% in the NVP arm and 24.1% in the ZDV arm.
Breastfeeding rates were similar in the 2 arms to 6 months, and there was a large drop in breastfeeding rates after month 6, reflecting the counselling advice at the site.
The results indicate that a single dose of NVP given to HIV+ women in labour and to the newborn within 72 hours of birth was safe and significantly reduced MTCT rates compared with a short-course AZT regimen in a breastfeeding population.
The PETRA trial is a randomised, double-blind, placebo-controlled study, conducted under the auspices of UNAIDS in South Africa, Tanzania and Uganda. The study regimens used ZDV/3TC in three arms (providing the treatment at different times) and a placebo arm.
Transmission and mortality rates at 6 weeks varied from 9.2% (arm A) to 19.2% (placebo), and at 18 months between 20.7% (arm A) and 26.6% (placebo).
As the study population is predominantly breastfeeding, the loss of efficacy of all regimens at 18 months of life is likely to result from a high number of HIV-1 infections in breastfed children.
There were several presentations highlighting the complex issues around breastfeeding. It is well-established fact that HIV transmission does occur through breastfeeding. Most studies seemed to show a loss of efficacy of ARVs after 3 months when breastfeeding is prolonged. However, transmission rates in infants exclusively breastfed were lower than those on mixed feeding.
One debate concluded that exclusive breastfeeding may be the feeding option of choice for HIV-infected women in developing countries. However, it was also indicated that exclusive breastfeeding is uncommon, and that social and cultural norms promote the use of mixed feeding. Any strategy to promote exclusive breastfeeding to reduce postnatal transmission of HIV-1 should thus target mothers, and those supporting them, in the antenatal and early neonatal periods.
In South Africa exclusive breastfeeding is not feasible for most women, due to the socio-economic and cultural context in which they live.
In communities where HIV-infected mothers have very limited options other than breastfeeding, pasteurisation of human milk may be an option. Some of the innovative ways to achieve this was a home-based method of pasteurisation by passive heat transfer, the use of solar energy, and the use of Alkyl sulphates to inactivate HIV in milk.
Formulate feeding strategies that support mothers and reduce transmission rates.
HIV increases the risk of tuberculosis (TB) in tuberculin skin test positive people (RR=100) and increases TB mortality (RR=31,3). Although pulmonary TB remains the most common form of TB in HIV+ patients, smear-negative pulmonary TB and extra-pulmonary TB are more common in HIV+ than in HIV- patients. The clinical presentation in HIV+ TB patients may differ with a higher likelihood of hilar adenopathy and diffuse lung infiltrates rather than cavity formation in the lungs. HIV+ TB patients are more likely to develop side effects to anti-TB drugs, particularly to thiacetazone that can cause severe epidermal necrolysis (Stevens Johnson syndrome). For this reason, most countries with a high prevalence of HIV no longer use thiacetazone in their anti-TB regimens. Sputum conversion and cure rates are the same in HIV+ and HIV- TB patients treated with short course rifampicin-containing regimens. There is no evidence that HIV infection decreases absorption of TB drugs.
A study in gold mine workers in South Africa showed that in a setting with a high risk of TB infection and high HIV seroprevalence, HIV infection increases the risk of recurrent TB from reinfection (Hazard Ratio = 18,9) but does not increase the risk of recurrent TB from reactivation. One implication for TB control is that lifelong TB preventive therapy may be indicated in people living with HIV to protect them from reinfection.
TB is associated with decreased survival in HIV+ clients possibly through immune activation, expression of cytokines and increased viral replication. HIV+ TB patients have a higher viral load at any CD4 count than HIV- clients. Cytokine inhibitors (e.g. methyl prednisolone) decreases HIV viral load in TB/HIV patients.
Gender based violence makes women more vulnerable to HIV and HIV makes them more vulnerable to violence. Microfinance initiatives are being started in one TB/HIV Pilot District to determine if they will impact on women's empowerment and HIV incidence.
In summary, HIV and TB worsen each other. Suggested interventions to decrease TB/HIV morbidity and mortality include TB preventive therapy, antiretroviral therapy and cytokine inhibitors.
TB education should be incorporated in HIV post-test counselling and DOTS should be provided by home based carers.
Voluntary HIV counselling and testing (VCT) services should be strengthened in TB facilities and the TB programme should implement guidelines for the prevention and management of opportunistic infections.
TB treatment outcomes in South Africa should be stratified by HIV status in sentinel sites, possibly in TB/HIV training districts.
Studies to evaluate the impact of microfinance on women's empowerment, economic status and HIV incidence should be supported.
Gender training should be incorporated in the curriculum of health care staff to address HIV/AIDS.
A meta-analysis of several clinical trials has shown that isoniazid given daily to HIV+ clients for 6 months decrease the incidence of TB by 40%. Rifampicin-containing regimens were found to have equal efficacy. The benefit of TBPT is greatest in clients with a positive tuberculin skin test (PPD+).
There is a trend towards decreased TB incidence in PPD- clients but it is not statistically significant. There was no significant toxicity (0.8% incidence of hepatitis) and no indication that preventive therapy increased isoniazid resistance in clinical trial settings. TB preventive therapy is recommended by the Joint United Nations on HIV/AIDS (UNAIDS) and the World Health Organisation (WHO) as part of a comprehensive package of care for people living with HIV/AIDS in Africa.
A debate was held on whether all HIV+ clients should be offered TBPT. A suggestion was made that only high risk groups such as TB contacts (especially children), health care workers and mine workers should be targeted. There are several problems with using tuberculin testing to screen for eligibility to receive TBPT. Tuberculin testing lacks specificity for TB and has less utility for identifying latent TB in HIV+ clients due to anergy from the loss of delayed type hypersensitivity. In a population of STD attenders in Zambia, 70% of HIV- adults with no evidence of clinical TB were PPD+ compared to 30% of HIV+ adults with no clinical TB. The use of tuberculin testing to screen for TBPT would increase the cost of TBPT for patients in terms of transport money and time to the health centre and for the health centre in terms of staff time and other costs. In Uganda, 19% of people did not return for their tuberculin tests to be read. In areas with a high prevalence of TB it should be assumed that a large proportion of the HIV+ population will already be exposed to TB and therefore at risk of developing reactivation disease and should be given TBPT without tuberculin testing. Exclusion of active TB is a prerequisite and can be done based on symptoms and radiology although routine chest x-rays may not be necessary.
Botswana is planning to link the provision of TBPT to its interventions to prevent mother to child HIV transmission. In Lusaka, Zambia, adherence to TBPT was low (21%).
Despite its proven benefit, isoniazid preventive therapy (IPT) is difficult to implement via VCT. Reasons for not starting IPT include only undergoing HIV test when the client is already sick or suffering from TB, lack of interest and loss during the screening process. Screening for active TB has previously been found to be the biggest barrier to provision of IPT. Encouragement of early counselling and testing and education to improve the client and counsellor's perception of the benefit, combined with the use of a symptomatic screen alone may improve uptake of this important intervention.
In the TB/HIV pilot districts in South Africa 466 (41%) of 1141 HIV+ clients have been started on TBPT and adherence is being measured.
Currently, only one of the four TB/HIV Pilot Districts uses tuberculin testing and chest x-rays to screen for eligibility of TBPT. The cost-effectiveness of tuberculin screening and chest x-ray screening will be assessed. It will be more feasible to implement TBPT in South Africa if tuberculin testing and chest x-rays are not done.
Consideration should be given for implementation of TB preventive therapy on a wide scale in South Africa if it is shown to be feasible in the TB/HIV Pilot Districts.
Clinical trials to evaluate the efficacy of life long TB preventive therapy for HIV-positive clients in South Africa should be supported.
The evaluation of screening algorithms to detect active TB in HIV+ clients should be supported in the TB/HIV Pilot Districts.
Two studies done in Ivory Coast have shown that cotrimoxazole prophylaxis is beneficial to HIV+ clients. One study showed that cotrimoxazole prophylaxis decreased mortality by 48% in HIV+ TB patients and the other showed that cotrimoxazole decreased hospitalisations in HIV+ clients with symptomatic HIV disease.
Based on these studies, UNAIDS and WHO have just released recommendations on the use of cotrimoxazole prophylaxis. The recommendations are that "Cotrimoxazole should be used for prophylaxis in adults and children living with HIV/AIDS in Africa as part of a minimum package of care." In adults, it should be offered to HIV+ adults with symptomatic HIV disease (stage 2,3 or 4 of the WHO classification of HIV infection and disease), asymptomatic individuals with a CD4 count of 500 or less or total lymphocyte count equivalent and pregnant women after the first trimester.
In Senegal, cotrimoxazole is offered to all HIV-positive patients with a CD4 count below 500. The country has developed materials to measure adherence and is planning to monitor antimalarial and antibacterial resistance patterns.
A study in Malawi showed that it is possible to implement VCT and cotrimoxazole prophylaxis in a rural setting and it appears to decrease mortality in smear-positive TB patients.
Adherence to cotrimoxazole prophylaxis in HIV-infected TB patients in Abidjan remains good even after 24 months of therapy. Although these results pertain to a clinical trial, they suggest that even in a population with low levels of formal schooling and employment, a cotrimoxazole prophylaxis program can be well adhered to.
South Africa should include cotrimoxazole prophylaxis in the guidelines for clinical management of HIV in adults and children and implement it on a wide scale.
UNAIDS/WHO recommendations for monitoring and evaluation should be followed.
The Centers for Disease Control and Prevention (CDC) gave a presentation on the LIFE (Leadership and Investment for Fighting an Epidemic) Initiative. The CDC has $35 million to support countries in Africa including South Africa in primary HIV prevention, community/home based care and treatment and the development of capacity and infrastructure. These funds could support increased availability of VCT and implementation of TB preventive therapy and cotrimoxazole prophylaxis.
Work with CDC mobilise funds from the LIFE Initiative for increased access to VCT and implementation of guidelines for the prevention and management of opportunistic infections (including TB preventive therapy and cotrimoxazole prophylaxis) in South Africa.
Funds should also be mobilised to evaluate the impact of these interventions through behavioural surveillance and HIV incidence studies.
A number of papers confirmed the accuracy of rapid tests. These are appropriate for developing countries where the infrastructural support is poor and clients do not return for test results.
There were several abstracts on rapid HIV testing in South Africa, Uganda, Malawi, Kenya and the USA. Most patients (94% in one study) preferred rapid HIV testing compared to standard laboratory-based testing. The sensitivity of different rapid tests evaluated varied from 91.8% to 90% and the specificity varied from 99.6% to 90%.
In the absence of rapid HIV testing the proportion of people receiving HIV test results varied from 10% to 66,7%. With rapid HIV testing, 99%-90% of people received their HIV test results. The time from collection of the sample to receiving results varied from 15 to 68 minutes with rapid tests and from 1 to 22 days with lab-based tests.
A study in Malawi using a 2 rapid test strategy showed 90% concordance of results with lab-based testing in 178 patients. The advantages of rapid HIV testing are that it is time saving, easy to perform and interpret, does not require highly trained staff or expensive laboratory infrastructure, it simplifies the handling and disposing of blood specimens and can facilitate the timely engagement of HIV+ clients into care and support. In Brazil, only 20% of women eligible to receive free antiretrovirals to prevent mother to child HIV transmission receive it. One reason for this is limited access to HIV voluntary counselling and testing services. Brazil is implementing rapid HIV testing to overcome this obstacle.
How often should people test for HIV infection?
A few studies confirmed the accuracy of specimens collected onto filter paper from HIV-exposed infants for detecting HIV DNA and RNA. These tests obviously cuts down on costs for blood collection and transportation.
Different kits using oral fluids for HIV tests were evaluated. Sensitivity for these ranged from 96% - 90%. Further modifications may be necessary to explore some of these.
Urine tests were also less sensitive.
Urine/saliva testing was viewed to be more acceptable to patients in focus group discussions than blood HIV testing. In another set of focus group discussions, rapid saliva tests and rapid finger stick tests of whole blood were preferable to tests from blood drawn from a vein. Saliva testing was used in a cross-sectional survey of HIV prevalence in Thailand and positive results were confirmed with EIA and Western Blot.
No abstracts reviewed the sensitivity and specificity of rapid tests from saliva and urine.
Is there sufficient basis for wide scale use of saliva tests or should we continue to review the literature?
Many of the key abstracts in this track were those related to the modification of HIV replication properties, viral tropism and viral fitness. These included correlations between viral fitness and both disease progression and drug resistance, as well as the growing awareness of the influences of genetic factors on HIV pathogenesis, such as increases in CCR5 co-receptor.
New light on the origins of HIV-1 group M as well as studies showing the emergence of complex geographical patterns of HIV subtypes were presented.
An examination to phylogenetic trees based on poL and ENV sequences showed the origin of subtype B to be around 1970, the subtype B/subtype separation occurring around the late 1940s and the HIV-1 group M around the 1930s. These results shed new light on the origins of the AIDS pandemic while helping to dismiss the proposal that humans became infected through oral polio vaccinations contaminated with SIV.
The importance of genetic diversity in Eastern and Central Africa was also reviewed, including subtype distributions and the circulation of recombinant HIV strains.
Many presenters emphasised the need for this service to form part of the continuum of HIV/AIDS prevention and care. The reasons that motivate people to use this service include that they were asked to do it by others, they were uncertain due to past experiences, they experienced actual exposure or they felt vulnerable due to condom misuse or non-use. The need for this service in both rural and urban settings was stressed.
An understanding of the cultural context regarding how people live and react to situations is important in developing effective counselling strategies.
Caring for PLWAs is a psychologically draining responsibility. Programmes for caregivers that focus on the psychosocial support necessary to prevent burnout in both family members and volunteer care givers were presented.
Research confirmed many of the stresses faced by carers. More systematic research of coping strategies is needed. Without addressing the stress of HIV/AIDS care, and the contextual factors that maintain them, we risk losing precious resources in the fight against HIV/AIDS.
An AIDS rehabilitation and palliative care approach can contribute to cost effective care for people living with HIV/AIDS in resource limited settings.
Despite the massive education in Uganda some PWAs decline to go to health care settings because of stigma. There is an ongoing need for education about living positively.
A home care kit (including urine pot, bleaching powder, napkins, gloves, antiseptic lotions, etc) improved participation of family and decreased hospital visits in Uganda.
Transforming traditional case management to disease management includes a multi-layered team approach increases medication adherence and decreases morbidity and mortality.
The importance of establishing partnerships for more cost-effective and sustainable care programmes has been demonstrated in several studies and through several models. There is an urgent need for collaboration between government and other important stakeholders like the private sector, non-governmental organisations, civil society, international and regional agencies, etc.
With the increasing number of people requiring HIV/AIDS care and the emergence of various strategies for providing that care, quality assurance becomes an important issue to consider. A presentation showed how the use of non-monetary incentives, such as affirmation and recognition, for providers could help enhance the quality of HIV/AIDS care.
Many authors reported the physical and psychosocial effects of living with HIV/AIDS. This ranged from PWAs sharing their life experiences to several models for providing medical and psychosocial care to them. Several authors, including PWAs, stressed the important role that can be played by PWAs in promoting prevention, sensitising health care workers to the needs of people with AIDS to deal with the negative attitudes of providers as well as in forming support groups and self-help groups to help each other cope.
This was the first time that such a track had been added to the International AIDS Conference, and as such provided an opportunity for discussion on several key issues to ensure that our response to HIV/AIDS was placed in a broader legal, ethical, political, socio-economic and cultural context.
Various countries still have legal systems that discriminate or fail to address HIV/AIDS and human rights issues.
Various countries have begun to use the law and human rights instruments to lobby for real change in the national response to HIV/AIDS.
To begin to measure the effect of human rights protection and rights-oriented legislation on the HIV epidemic - that is, how effective is promoting human rights, in terms of reducing the impact and preventing the spread of the epidemic Is there a public health benefit?
To begin to move beyond changing laws, to changing norms, so that our communities begin to be more open and accepting of HIV/AIDS.
The following were the major themes.
Governments needed to ensure that HIV testing was not misused in the insurance industry; and HIV testing needs to be regulated through national policy.
Papers indicated that notification of HIV or AIDS is only relevant in the developed world.
HIV notification is able to fulfill such functions only under certain conditions. The data needs to represent the pattern of disease across the country without biases due to access to voluntary testing and counselling (VCT). In South Africa, access to VCT in very limited and is typically not available at all in most non-urban centres. In this situation, HIV notification data, if collected, will suggest that HIV is a disease of affluent people who live in cities. Clearly, the annual antenatal surveys provide strong evidence that the epidemiology of HIV infection in South Africa is not of this nature.
In many industrialised countries, HIV testing is easily accessible and HIV notification data closely follows the real profile of the epidemic.
In resource limited settings, it is generally recommended that HIV epidemiology can be best assessed through regular prevalence studies of representative populations (e.g., pregnant women as an relatively unbiased surrogate for women in the community or military recruits as a surrogate for men in the community).
Regular surveys of risk behaviour in selected populations (e.g., taxi drivers, military personnel, and high school students).
A number of papers dealt with issues relating to sex work and the need to decriminalise this industry.
Two poster presentations were done on the role of law, ethics and human rights in regulating HIV vaccine developed. Both posters emphasised the role of the state in regulating such research.
Conflicting opinions around ethical standards of care for vaccine trial participants were argued, with the UNAIDS Guidelines arguing for the best attainable standard of care, and a Brazilian author arguing for the best proven method of care.
RSA needs to develop its own accepted guidelines on ethical standards regarding HIV vaccine research, relevant to our own context.
Intellectual property laws need to be reviewed to ensure that they do not deny people living with HIV or AIDS access to drugs.
We also need to measure the impact of the law in reducing vulnerability to HIV and for potentially addressing deeper social causes of illness (e.g.
Some countries have adopted progressive laws to combat this - however this does not always prevent ongoing discrimination. Governments should seek to ensure that creating the legal framework is not the end in itself. Need to develop models of social surveillance to improve responses of society.
Government should ensure that it is not influenced by the same considerations as the private sector (i.e.
Potential solutions to the personal and political problems associated with HIV/AIDS raised during the Conference were programmes caring for children and orphans affected by HIV/AIDS, responsible media coverage, awareness of HIV/AIDS in the workplace, and individual investment in communities.
The long period between acquisition of HIV and manifestation of disease hinders prevention efforts. In this scenario, we find ourselves trying to prevent an epidemic that happened long ago, missing emerging epidemics and the chance to interrupt transmission. HIV prevention would benefit from a simple means to identify recent infection, characterise factors that lead to transmission and pinpoint where transmission is occurring right now for precise targeting of prevention.
Such a tool, the Serological Testing Algorithm for Recent HIV Seroconversion (STARHS) is now available.
The Department of Health and the University of Natal are investigating the STARHS approach. In particular specimens from the National HIV Antenatal Survey are being evaluated for this method.
Incorporating questionnaires in the Antenatal Survey that include for instance the age of partners and occupation. This information could be used to extrapolate prevalence in men.
Collecting data on indicators of community risk, such as migrancy, access to condoms, commercial sex worker points, number of bards, and demography.
Several studies highlighted the importance of collecting mortality and morbidity data. Reports from Africa, including South Africa, confirmed that TB is the commonest opportunistic infection and predictor of survival. One study highlighted cryptococcal meningitis as the main cause of death among people with AIDS.
Such data is important to assess the impact and usefulness of prophylaxis.
Several papers addressed the problem of HIV in prisons. As demonstrated through several intervention models and assessments, prisons offer a great opportunity of HIV/AIDS prevention and care. Various presenters described the nature and extent of high-risk behaviours that prisoners indulge in. These range from unprotected anal and oral sex, to drug use. Prisons also have a high prevalence of drug users and there is admission by most prisoners that they do or have indulged in high-risk behaviours. A strong recommendation that HIV prevention and care services be made available to inmates.
Some authors presented models for intervention, ranging from needle exchange programmes for intravenous drug users, peer education models.
Risky behaviours prevail, including sodomy, tattooing, sharing devices for shaving etc.
A need for VCT centres to establish special counselling strategies for discordant couples was raised, such as group counselling and other interventions to increase condom use in these couples. The discordant couples experience major psychosocial problems and counsellors can play a significant role in helping them to cope.
A relationship between this practice and intravenous drug use was found in several studies. These suggest that there is a need for intensive interventions that are culturally tailored, with community involvement in those interventions. Comprehensive models for interventions aimed at MSM that included training, networking, support, involvement of partners where feasible, is necessary.
It has been established that drug use is associated with high-risk behaviour. In the struggle against the HIV/AIDS pandemic, the predominant argument is that comprehensive drug use prevention strategies should incorporate HIV/AIDS prevention and care.
Peer education strategies were shown to be effective.
Conduct prevalence studies to determine the scale of injecting drug use and non-injecting drug use (e.g.
Several studies presented recommendations for alternative more cost-effective and even better quality approaches for providing care for PLWAs. Early diagnosis and care, HAART and care by expert physicians were all found to increase both cost and outcome effectiveness.
As the Conference was held in South Africa, the country with the fastest growing HIV/AIDS epidemics in the world, much of the discussion in this track focused on the ability of resource-constrained countries, especially in sub-Saharan Africa, to afford the prevention, treatment, care and support interventions required.
It was stressed that higher medical costs can be expected for HIV in comparison to other chronic and terminal illnesses. High costs of medical care and clinical management of HIV/AIDS can be expected far beyond the capacity of lower and middle-income countries. It was stated that families might find themselves spending up to 70% of their incomes on HIV related care.
This increases the need for alternate forms of healthcare financing for lower-income countries.
Several models were presented on how the impact of HIV/AIDS can be measured. It was cautioned that the value of these models depends on the quality and accuracy of information fed into it.
There were several interesting discussions on models of orphan care, both within facilities and communities. However, it was also acknowledged that some countries, like South Africa, have not yet seen the full impact of AIDS orphans in society. Concern also existed as to the saturation levels of extended families with orphan children.
In South Africa there is a strong need to have a good, multisectoral programme that addresses this issue, and also allows for the integration of orphan care into existing community programmes.
One study showed that the projections and prediction of the numbers of orphans requiring care using projection models are not always accurate and that they exclude an overwhelming majority of orphans, especially those in the temporary care of extended family members. Some also expressed the need for treating AIDS orphans like all other orphans and not making special arrangements for them so as to avoid discrimination.
An issue highlighted is that linking MTCT prevention programmes with a community mobilisation and education component improves the uptake of interventions.
One report showed that the quality and cost-effectiveness of HIV/AIDS care increased after training PHC providers and supplying them with protocols. This was supported by several others who suggested that providing a continuum of care using all levels of care that include day care hospitals and home-based care by community workers, volunteers and family members is cost-effective. The patient can be referred as appropriate within this continuum.
The effectiveness of training local church leaders in providing community home based care in a rural setting was also demonstrated.
Other authors recommend that proper training of nurses, who in any way provide most of that care, will increase access to care, increase the quality of care as well as reduce the cost of such care. The Bristol Meyers Squibb funded "Secure the Future Initiative", in collaboration with some countries in the SADC region (including RSA), has developed and pilot-tested a curriculum for the training of nurse educators, who will train nursing students to train community members in caring for people with HIV/AIDS.
Several of these were presented, covering a wide spectrum of groups. In the prison services, low level of knowledge and the resultant engagement in the high-risk behaviour was reported among prisoners as well as prison staff. The levels of knowledge and the negative attitudes of prison staff often result in discrimination against HIV positive inmates.
Poor knowledge has also been associated with risky behaviour among hospital staff in Cape Town where universal precautions were not adhered to fully and protective devices were not readily available.
University and other tertiary institution students also demonstrated inadequate levels of knowledge, especially with regards to the transmission of HIV. Misconceptions were found to be common amongst them. Even medical and paramedical practitioners have knowledge deficits and sometimes have negative attitudes towards HIV/AIDS patients and caring for them.
The need for cross-border collaborative strategies for people travelling across national borders was raised. A programme called "Air Bridge" was presented as a model for such intervention and how it could address the problem of disparity, accessibility and continuity of care for people living with HIV/AIDS.
The effectiveness of multisectoral collaboration, the empowerment of women and communities, as well as community-based approaches have all been supported as being effective prevention strategies. Projects demonstrating the effectiveness of different strategies focused on the inclusion of all sectors of communities, including religious and other faith-based organizations and rural communities.
Although the need for multisectoral collaboration has been demonstrated, there are some barriers that might hinder this if not properly approached. There is a need for various strategies, including regulation, the involvement of professional bodies, material incentives, etc to facilitate the effective involvement of the private sector. Decentralisation was also strongly suggested but issues of structural rigidity, lack of local capacity, influence of donors, etc might present barriers in the ability of district health services to participate as full partners.
The need to address cultural issues when offering HIV prevention services was also highlighted, and especially the potential of using traditional leaders in communities and the acknowledged traditional community structures in the prevention of HIV.
Several presenters highlighted the role of art and other forms of mass communication strategies in spreading prevention messages.
PREVENTION WORKS. The Department of Health clearly is following effective prevention strategies and has prioritised essential components in the area of prevention (e.g. STD management, provision of condoms, information, education & communication). However, even small failures of management, such as with male and female condoms or STD management, could result in people becoming HIV infected.
The key elements of an effective prevention strategy are: awareness campaigns, appropriate education for behaviour change, effective management of STDs, consistent condom use, and access to voluntary HIV counselling and testing. These elements require a joint approach from both government and other civil society sectors.
ARVs reduce HIV transmission without documented toxicity, but extended breastfeeding counterbalances the benefits. However, with conflicting studies on the issue of breastfeeding, more research is needed on this issue.
A number of community-based projects were presented from other countries who are further on in the epidemic than South Africa. Replication and piloting of projects with the aim of massive duplication and roll-out should be considered.
Greater emphasis should be placed on involving both the youth and PLWAs in planning and implementation of HIV/AIDS policies and programmes.
The link between the HIV/AIDS epidemic and development issues, especially poverty, malnutrition and food security, was acknowledged. Addressing these require commitment and resources from several stakeholders, including government, big business and donor agencies.
Creative strategies for introducing common themes must be actively sought and promoted.
Cost-effective care and support issues are clearly identified and if effectively implemented can result in marked quality of life improvement.
Effective delivery structures that can more effectively deliver financial resources into communities must be considered.
Continue and enhance those prevention strategies that are known to be successful (e.g. provide condoms, ensure effective management of STDs, life skills education, and providing information, education and communication materials).
Improve the integration between HIV and TB programmes at district level.
Continue to support the South African AIDS Vaccine Initiative.
Expand care interventions (e.g.
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The Department of Health is committed to providing quality healthcare to all South Africans, to achieve a unified National Health System and to implement policies that reflect its mission, goals and objectives.
Departmental activities are guided by the White Paper on the Transformation of the Health System, adopted in 1997, and the Health-Sector Strategic Framework 1999 to 2004. These outline key objectives such as reducing morbidity and mortality, improving the quality of care, ensuring equity and access, revitalising public hospitals, improving primary healthcare (PHC) and the district health system, reforming legislation, and strengthening human resource development (HRD).
Statutory bodies for the health-service professions include the Health Professions Council of South Africa (HPCSA), the South African Dental Technicians' Council, the South African Nursing Council, the South African Pharmacy Council, Allied Health Professions Council of South Africa, and the Council for Social Service Professions.
Regulations in the private health sector are effected through the Statutory Council for Medical Schemes.
By June 2003, some 2662 young professionals were doing community service - contributing critically needed services to the public health sector.
The Medicines Control Council (MCC) is the statutory body charged with ensuring the safety, quality and effectiveness of medicines through a system of registration.
formulating health policy and legislation formulating norms and standards for healthcare ensuring appropriate utilisation of health resources co-ordinating information systems and monitoring national health goals regulating the public and private healthcare sectors ensuring access to cost-effective and appropriate health commodities at all levels liaising with health departments in other countries and international agencies.
providing and/or rendering health services formulating and implementing provincial health policy, standards and legislation planning and managing a provincial health-information system researching health services rendered in the province to ensure efficiency and quality controlling the quality of all health services and facilities screening applications for licensing and inspecting private health facilities co-ordinating the funding and financial management of district health authorities effective consulting on health matters at community level ensuring that delegated functions are performed.
Government is committed to providing basic healthcare as a fundamental right. To improve the quality of services and consistency of their availability, a comprehensive package of PHC services has been developed and costed, and is being progressively implemented in all health districts, now realigned with the new municipal boundaries. By April 2003, free PHC services were provided at about 3 500 public health clinics nationwide.
The constitutional definition of municipal health services is considerably narrower than the primary care package of services. Local government will therefore have to be engaged through service agreements to provide a more comprehensive service.
The services provided by PHC workers include immunisation, communicable and endemic disease prevention, maternity care, screening of children, Integrated Management of Childhood Illnesses (IMCI) and child healthcare, health promotion, youth health services, counselling services, chronic diseases, diseases of older persons, rehabilitation, accident and emergency services, family planning, and oral health services.
Patients visiting PHC clinics are treated mainly by PHC-trained nurses, or at some clinics, by doctors. Patients with complications are referred to higher levels of care, such as hospitals, if their condition cannot be treated at PHC level.
Persons who are members of a medical aid scheme are excluded from free services.
The National Drug Policy is, to a large extent, based on the essential drugs concept, and is aimed at ensuring the availability of essential drugs of good quality, safety and efficacy to all South Africans.
In 1999, the Minister of Health published a reviewed strategic framework to guide work over the following five years.
a unified National Health Laboratory Service (NHLS) was established to provide laboratory services to the public health sector the National Planning Framework, provincial health plans and costing of services have progressed substantially, enabling a longerterm focused rehabilitation and revitalisation programme in the Department significant progress in HRD included the submission to the Cabinet of a draft human resource plan for the sector.
By June 2003, 2 662 young professional healthcare workers were doing community service, contributing critically to services in the public sector.
Other achievements of the healthcare system in South Africa include the work of the Medical Research Council (MRC), which responds to a broad spectrum of challenges. Clinics and hospitals have been deracialised, new facilities have been built and many of the existing institutions have been rehabilitated. The National Institute for Communicable Diseases (NICD), backed by increasingly skilled outbreak teams in the provinces, ensures that government is able to respond to any outbreak of disease.
The South African Government has identified telemedicine as a strategic tool for facilitating the delivery of equitable healthcare and educational services, irrespective of distance and the availability of specialised expertise, particularly in rural areas. In 1998, the Department of Health adopted the National Telemedicine Project Strategy. The Strategy called for the establishment of a National Telemedicine Research Centre and a network of telemedicine links to be implemented in three phases over a period of five years.
In September 1999, the National Telemedicine Research Centre was established as a joint venture of the Department and the MRC.
This exciting project will go a long way towards delivering a solution to the severe problem of inadequate services and geographical challenges that confront the South African healthcare system, as a result of long-standing, previously misplaced priorities.
Implementation of the project is ongoing.
The National Health Bill was presented to Parliament in July 2003 and was expected to be passed in the latter half of 2003.
The Bill, which provides a legal framework for a national health system that encompasses public, private, non-governmental and other providers of health services, also sets out the rights and duties of healthcare providers, health workers, establishments and users.
It aims to promote the progressive realisation of South Africans' right to health services and an environment that is not harmful to their well-being. It will also promote the right of children to basic healthcare services.
The most contentious provision of the Bill has been that every health establishment, private or public, requires a certificate of need to operate. The establishment of new hospitals and the expansion of existing facilities would be subject to the issuing of such a certificate.
The central motivation for this provision is the protection of the health-service consumer, not only in terms of the standards of healthcare, but also in terms of the cost of healthcare.
The Mental Healthcare Act, 2002 (Act 17 of 2002), provides for the care, treatment, rehabilitation and administration of persons who are mentally ill. It also sets out the different procedures to be followed in the admission of such persons.
The Traditional Healers Bill was approved by the Cabinet in early 2003 before publication for public comment. It will provide for the registration of traditional healers and the establishment of a statutory body for the regulation of this area of practice.
The recommendations of a task team comprising the Department of Health and officials from the HPCSA and the South African Nursing Council are expected to lead to amendments to the Health Professions Act, 1974 (Act 56 of 1974), and the Nursing Act, 1978 (Act 50 of 1978).
The Medical Schemes Amendment Act, 2002 (Act 62 of 2002), amended the Medical Schemes Act, 1998 (Act 131 of 1998), to extend certain rights of members to their dependants.
explicitly prohibits discrimination on the basis of age regulates the practice of reinsurance regulates the circumstances under which waiting periods may be applied improves the powers of the Council and the Registrar to act in the interest of beneficiaries.
Mandatory medical-scheme cover for certain chronic conditions was expected to come into effect in January 2004.
The Minister of Health, Dr Manto Tshabalala-Msimang, launched the National SchoolHealth Policy and Guidelines on 22 July 2003.
The comprehensive Policy and Guidelines aim to ensure that all children, irrespective of race, colour and location, have equal access to school-health services.
The Policy is in line with the United Nations (UN) Convention on the Rights of the Child recommendations, which affirm that the State has an obligation to ensure that all segments of society, in particular parents and children, are informed and have access to knowledge of child health and nutrition, hygiene, environmental sanitation, and the prevention of accidents.
Department of Health officials will visit all the provinces, especially those with a School-Health Programme, to embark on a major training campaign of PHC nurses.
give health education to children impart life skills screen children, especially at Grade R and Grade 1, for specific health problems, and at puberty stage as children undergo physiological changes detect disabilities at an early age identify missed opportunities for immunisa tion and other interventions. The Programme, under the theme, Healthy Children Are Successful Learners, will be implemented in phases. Some 30% of districts in every province are expected to be covered by the end of 2004, at an estimated cost of about R10 million.
The programme will be extended to cover 60% of districts by 2005, and the whole country by the end of 2007.
Definition of the search-and-seizure powers of the MCC in a way that is consistent with the Bill of Rights.
Extension of regulations applicable to phar macists to cover other health practitioners licensed to dispense and compound medi cines. These include professional fees and the obligation to inform patients about generic drug options. The Act further states that any party appealing against a decision of the Director-General on the granting of dispensing licences must approach the Minister of Health directly.
Any party appealing against a decision of the MCC on medicines registration will have recourse to an appeal committee established by the Minister.
The Act and its 1997 predecessor of the same name came into effect in May 2003, together with a comprehensive set of regulations.
Health personnel are a crucial component in realising the Department of Health's vision. Major challenges still exist in attracting health personnel to the rural areas.
Some 30 153 doctors were registered with the HPCSA at the end of 2002. These include doctors working for the State, doctors in private practice, and specialists. The majority of doctors practise in the private sector. In selected communities, medical students render health services at clinics under the supervision of medical practitioners.
In terms of the Continuing Professional Development (CPD) system, all doctors, irrespective of earlier qualifications, must obtain a specified number of points to retain their registration. The system requires that doctors attend workshops, conferences, refresher courses, seminars, departmental meetings and journal clubs.
Non-compliance with the requirements of the system could result in the doctor being deregistered.
The use of foreign health professionals has assisted in relieving the shortage of skilled medical practitioners in many parts of South Africa.
Applications are subject to assessment by the Examinations Committee of the Medical and Dental Professions Board. Those who are admitted have to write an examination, after which they can be registered in the particular category for which they applied and were assessed.
In 2002, there were some 7 203 foreignqualified doctors working in South Africa.
Newly qualified interns are required to do remunerated compulsory community service at State hospitals for one year. Only after completion of this service are they allowed to register with the HPCSA, and only then are they entitled to practise privately.
The system of community service provides significant relief in rural areas. In 2003, the Department expanded community service to cover physiotherapists, radiographers, occupational therapists, speech and hearing therapists, clinical psychologists, dietitians and environmental health officers.
At the end of 2001, a total of 4 503 dentists, 11 dental and oral specialists, 849 oral hygienists and 347 dental therapists were registered with the HPCSA.
At the end of 2002, 4 499 dentists were registered. Since 1 January 1999, dentists have also been subject to the CPD system. The system of community service was extended to dentists in July 2000.
Oral health workers render services in the private as well as the public sectors.
The Pharmacy Amendment Act, 2000 (Act 1 of 2000), provides for all graduates who wish to register as pharmacists for the first time to work for the State as part of government's plan to provide health services to all communities. The provision came into effect on 20 November 2000. All pharmacists who have registered since that date are obliged to perform one year of remunerated pharmaceutical community service in a public-health facility. Those who have not completed this year of service are not allowed to practise independently as pharmacists. Some 366 pharmacists commenced community service in 2001, compared with 49 in 2000.
A section of the Pharmacy Amendment Act, 2000, which allows non-pharmacists to own pharmacies, came into effect at the same time.
This legislation aims to improve access to medicines, make them more affordable, improve marketing and dispensing practices, and promote consumer interests.
In 2001, 10 782 pharmacists were registered with the South African Pharmacy Council, approximately 7% of whom were employed in provincial and State hospitals.
The South African Nursing Council controls nursing education and practice in South Africa.
The key role of the Nursing Council is to protect and promote public interest, including ensuring delivery of quality healthcare. It does so by prescribing minimum requirements for the education and training of nurses and midwives, approves training schools, and registers or enrols those who qualify in one or more of the basic or postbasic categories.
At the end of 2002, there were 172 869 registered and enrolled nurses and enrolled nursing auxiliaries on the registers and rolls of the Council. The nursing profession represents more than 50% of the total professional human resources of health services.
Similarly, 21 104 persons were registered as student and pupil nurses or pupil nursing auxiliaries on the registers and rolls of the Council.
South Africa has a dire shortage of health professionals such as physiotherapists, dietitians and radiographers. By mid-May 2001, there were 89 793 supplementary health professionals registered with the HPCSA.
Source: Health Professions Council of South Africa and South African Nursing Council sive health services at all levels of care. The basis for these services is a district-based PHC model. The major emphasis in the development of health services in South Africa at provincial level has been the shift from curative hospital-based healthcare to that provided in an integrated community-based manner.
A network of mobile clinics run by government forms the backbone of primary and preventive healthcare in South Africa. Clinics are being built or expanded throughout the country. Between 1994 and 2003, upgrading and new clinic-building resulted in 701 additional clinics.
According to the Department of Health, there were 357 provincial public hospitals in 2002.
Ongoing programmes are in place to improve the quality of hospital services. A charter of patients' rights has been developed, as well as procedures to follow when dealing with complaints and suggestions. A service package with norms and standards has been developed for district hospitals and is being extended to regional hospitals. Funding for tertiary health services has been reformed with the introduction of the National Tertiary Services Grant.
In the last two years, funding for the Hospital Revitalisation Programme has taken a great leap forward; the 2003 budget of R717 million, is set to increase by almost R200 million in 2004.
By 2003, there were 27 hospitals on the Department's list, with 18 of these hospital projects involving the construction of entirely new facilities, either to replace an existing hospital or to create a new service.
Hospital revitalisation also involves technology maintenance, replacement and innovation, the development of managers and management systems, and improving the quality of healthcare in general.
The Programme ensures that managers and health workers are able to respond to the needs of clients and treat patients with care and respect in line with the principles of batho pele (people first) and the Patients' Rights Charter.
Various provincial budgets for health have increased capital expenditure substantially. This ensures that clinic-building and the routine maintenance of facilities continues even though the national funding is now focused on major projects at fewer hospitals.
According to the National Health Accounts (March 2001), there were 200 private hospitals and a total of 23 076 beds in use in South Africa in 1999. Many of these hospitals are owned and managed by consortia of private physicians or by large business organisations. Private hospital fees are generally higher than those of provincial hospitals.
Emergency medical services, which include ambulance services, are the responsibility of the provincial Departments of Health. Emergency care practitioners receive nationally standardised training through provincial colleges of emergency care. Some technikons also offer diploma and degree programmes in emergency care. Personnel can receive training to the level of advanced life-support.
These services also include aeromedical and medical-rescue services.
Personnel working in this field are required to register with the HPCSA, which has a Professional Board for Emergency Care.
The national Department of Health plays a co-ordinating role in the operation, formulation of policy and guidelines, and development of government emergency medical services.
Private ambulance services also provide services to the community, mainly on a private basis. Some of these also provide aeromedical services to the private sector.
The South African Health Services of the South African National Defence Force plays a vital supporting role in emergencies and disasters.
The NHLS is a single national public entity that consists of personnel from provincial Health Departments and from the former South African Institute for Medical Research's (SAIMR) laboratory service. It consists of 234 laboratories. Unification of laboratories provides cost-effective and efficient health-laboratory services to all public-sector healthcare providers, private healthcare providers, and to any government institutions that may require such service.
The National Institute for Virology and a section of the SAIMR have been combined to form the NICD. This is also part of the NHLS. The research expertise and sophisticated laboratories at the NICD have made it a testing centre and resource for the African continent, in relation to several of the rarer communicable diseases.
The strategic equity partnership, designed to re-establish the State Vaccine Institute as a local vaccine producer, was concluded in the first half of 2003. The private partner Blovac Consortium combines South African, British and Cuban interests and holds 49% of shares.
Local government has been recognised as a separate sphere of government, thereby endorsing its constitutional status.
preventive and promotive healthcare, with some municipalities rendering curative care environmental health services, including the supply of safe and adequate drinking water, sewage disposal and refuse removal regulation of air pollution, municipal airports, fire-fighting services, licensing and abattoirs. Many local authorities provide additional PHC services. In some instances, these are funded by provincial health authorities, but in major metropolitan areas the councils carry some of the costs.
Government has recognised the need to formalise service agreements between provinces and councils for the running of these services.
Non-governmental organisations (NGOs) at various levels play an increasingly important role in health, many of them co-operating with government to implement priority programmes. They make an essential contribution in relation to HIV, AIDS and TB and also participate significantly in the fields of mental health, cancer, disability, and the development of PHC systems.
The national Department of Health budgeted more than R75 million in 2003/04 for NGOs. Provincial Health Departments also set aside funding for NGOs operating within their borders. Health NGOs also receive funding from international donors and from the private sector.
Two particularly high-profile and innovative non-profit organisations are Soul City and loveLife. Both focus on health promotion and the use of the mass media to raise awareness on the prevention of illness, and to enable people to manage their health more effectively. Soul City pioneered one of the most successful multimedia edutainment initiatives on any continent and is known for its sound researchbased approach. Over a period of nine years, it has addressed a wide range of health issues relevant to all age groups. The centrepiece of its multimedia strategy is the television drama series broadcast on SABC1. The radio series is broadcast on all nine SABC regional stations (in nine of South Africa's official languages). It is also broadcast on many community radio stations. The booklets are serialised in newspapers throughout South Africa in synergy with electronic media. They are also distributed through clinics and other channels. At least three million booklets are distributed per series. The sixth Soul City television series commenced in 2003.
loveLife focuses more on teenage sexuality and relationships and their critical role in the prevention of HIV infection and related conditions. Apart from mass-media advertising campaigns backed by a helpline, loveLife focuses on services for young people. It has a programme to transform existing reproductivehealth and communicable-infection services to make them more 'youth friendly', and it has developed drop-in centres where young people can get information and support.
Both Soul City and loveLife have been sponsored by the Global Fund to Fight HIV, AIDS and malaria. They also have a relationship with government and are funded or contracted to provide expertise in developing AIDS awareness programmes (in the case of Soul City) and 'youth-friendly' public facilities (in the case of loveLife).
The Health Systems Trust is another significant health NGO, which conducts research and helps build appropriate delivery systems for PHC. It is funded partly by the Department of Health and has done important work in supporting the development of the district health system, monitoring the quality of care at public-sector clinics and facilitating the introduction of services to reduce mother-tochild transmission of HIV.
The South African Cancer Association and the Council Against Smoking share government's approach to the prevention of many chronic non-communicable diseases. They partnered government in the development of tobacco-control measures and their implementation. The health-promotion activities of these organisations augment government's own, somewhat limited, capacity in these areas.
such as the St John Ambulance and the South African Red Cross - continue to play an important role. They still focus on emergency care and first-aid capacity but have adapted their services to take account of changing needs, particularly the impact of HIV and AIDS.
Several important organisations in relation to HIV and AIDS are run by people living with HIV or AIDS. The biggest of these is the National Association of People Living with AIDS, which has branches in many areas. There are also many unaffiliated support groups that serve local communities.
Human-rights and health-rights issues in relation to HIV and AIDS have given rise to groups such as the AIDS Law Project and the Treatment Action Campaign, which has pursued a high-profile campaign in support of expanded treatment.
Faith-based organisations (FBOs) are one of the mainstays of hospice, and institutional and home-based care for those infected and affected by HIV and AIDS. The Salvation Army was perhaps the first to become meaningfully involved, but in recent years organisations of other faiths and denominations have become increasingly significant sources of care. Many FBOs are also involved in HIV-prevention programmes.
Traditional 'service' organisations, like the Lions and Rotary, have health projects that boost the public health sector. Fields in which they have made a particular mark are mass immunisation - particularly the Polio-Free Initiative - and reducing the national backlog for cataract surgery.
Chris Hani-Baragwanath Hospital in Soweto, Gauteng, the world's largest hospital, will receive state-of-the-art facilities as part of a R700-million project which is to be undertaken over a period of six years.
Phase one of the project has commenced and includes the establishment of a new renal dialysis unit, a speech therapy and audiology centre, a paediatric admission ward, and bulk stores.
During 2002, the Hospital acquired two new computed tomography scanners, a cardiac catherisation laboratory and a R25-million digital angiography suite, and undertook extensive modernisation of equipment for the Intensive Care Unit.
to small local organisations rooted in individual communities. All are vitally important and bring different qualities to the healthcare network.
The Council for Medical Schemes regulates the private medical-scheme industry in terms of the Medical Schemes Act, 1998 and is funded mainly through levies on the industry in terms of the Council for Medical Schemes Levies Act, 2000 (Act 58 of 2000). In addition, it receives funding from the Department, which will increase from R2,6 million in 2002/03 to R3,0 million in 2005/06.
Tariffs for admission to private and provincial hospitals differ. Cost differences also exist between various provincial hospitals, depending on the facilities offered. All provincialhospital patients pay for examinations and treatment on a sliding scale in accordance with their income and number of dependants. If a family is unable to bear the cost in terms of the standard means test, the patient is classified as a hospital patient. His or her treatment is then partly or entirely financed by the particular provincial government or the health authorities of the administration concerned.
By April 1999, 168 private medical schemes were registered in terms of the provisions of the Medical Schemes Act, 1967 (Act 72 of 1967).
The Medical Schemes Amendment Act, 2001 (Act 55 of 2001), improves the regulatory capacity of the Registrar for Medical Schemes and regulates reinsurance.
Improved protection for members. The Act addresses the problem area of medical insurance, by revisiting the provision on waiting periods, and specifically protecting patients against discrimination on grounds of age.
Promoting efficient administration and good governance of medical schemes by insisting on the independence of individuals in certain key positions.
Introducing mechanisms to address problematic practices in the marketing of medical schemes and brokerage of services.
The consumer is further protected by additional powers that are assigned to the Minister in terms of the Act.
regulate managed-healthcare contracts impose penalties on medical schemes or administrators for the late payment of claims.
The most common communicable diseases in South Africa are TB, malaria, measles and STIs.
The appropriate and timeous immunisation of children against infectious diseases is one of the most cost-effective and beneficial preventive measures known.
The mission of the South African Expanded Programme on Immunisation is to reduce death and disability from vaccine-preventable diseases by making immunisation accessible to all children. Immunisations against TB, whooping cough, tetanus, diphtheria, polio myelitis, hepatitis B, hermafluous influenza type-B and measles are available free of charge to all children up to the age of five years. A tetanus vaccine is administered to women at risk during pregnancy, to protect their newborn infants against neonatal tetanus. Other services include the control of rabies and certain endemic diseases, such as malaria.
In 2002, 72% of children were fully immunised at one year of age, representing a significant increase compared with 63% in 1998.
All suspected measles cases are actively investigated. Blood and urine specimens are collected to confirm whether the cases are real measles. To date, less than 5% of suspected measles cases proved to be real measles.
Measles decreased dramatically from about 22 000 cases and 53 deaths in 1992, to 37 laboratory-confirmed cases and no deaths in 2000, a direct result of the Measles Elimination Strategy. Polio remains a major problem in Africa, although the last confirmed case in South Africa occurred in 1989.
The year 2003 was a crucial year in South Africa's bid to be declared polio-free in 2005, as it had to sustain certain standards set by the World Health Organisation (WHO) for three consecutive years.
On 30 May 2003, the Minister of Health launched the countdown to a polio-free South Africa as part of a global initiative to heighten awareness about efforts to eradicate polio by 31 December 2005.
The South African Government has implemented the necessary strategies, as recommended by the WHO, to become certified free of polio.
National immunisation campaigns were conducted in 1995, 1996, 1997 and 2000, and a polio-focused campaign is expected to take place throughout the country in 2004.
Three committees have been formed, as required by the WHO, to monitor the polioeradication process. These are the National Certification Committee, the Laboratory Containment Committee, and the Polio Expert Committee.
South Africa, Lesotho and Swaziland have established an Intercountry Certification Committee to ensure that polio-free certification in the region occurs before December 2005.
A toll-free line is available for the reporting of any suspected polio cases: 0800 111 408.
IMCI promotes child health and improves child survival as part of the National Plan of Action for Children. It is being instituted as part of the Department of Health's policy on the National Health System for Universal Primary Care.
The core intervention is integrated case management of the five most important causes of childhood deaths and of common associated conditions.
the case-management skills of health staff through the provision of locally adapted guidelines on IMCI, and activities to promote their use the health system required for effective management of childhood illnesses family and community practices.
Africa, and implementation and training are ongoing.
South Africa was the first country to include prevention and management of HIV and AIDS in its IMCI guidelines.
Malaria is endemic in the low-altitude areas of Limpopo, Mpumalanga and north-eastern KwaZulu-Natal. The highest-risk area is a strip of about 100 km along the Zimbabwe, Mozambique and Swaziland border. The disease should therefore be viewed as a regional rather than a country-specific problem. The risk areas are divided into high-, intermediateand low-risk areas.
The number of malaria cases and related deaths in South Africa started to rise from approximately 27 000 cases and 160 deaths, in the mid-1990s, peaking at 62 000 cases and 420 deaths in 2000.
To deal with the problem, the Department of Health first identified problem areas that needed to be addressed, including parasite resistance, vector-insecticide resistance and community-compliance issues. The Department took drastic measures to address these factors, which included changing the drugs and insecticides used, as well as massive education and awareness campaigns within the affected communities.
As a result of these actions, the number of malaria cases dropped by 59% in 2001 and a further 42% in 2002. The malaria deaths in 2001 declined by 74% and a further 21% in 2002 compared with the 2000 malaria season.
Malaria-control teams of the provincial Departments of Health are responsible for measures such as education, treatment of patients, residual spraying of all internal surfaces of dwellings situated in high-risk areas, and detection and treatment of all parasite carriers. It was decided to continue with a programme of controlled and restricted use of DDT because of the growing resistance to pyrethroid insecticides.
The MRC has produced the first district malaria-distribution maps for the country, which have direct implications for focused and cost-effective control measures.
Nearly 35 000 homesteads and facilities have been plotted in collaboration with the Department of Health. The risk map for the entire country is updated annually in collaboration with the Department. The MRC maintains a website (www.mrc.ac.za) containing, among others, maps compiled by the Mapping Malaria Risk in Africa project. The initiative has seven regional centres throughout Africa.
The MRC's South African Traditional Medicines Research Group is investigating plants used by traditional healers for the treatment of malaria, TB, skin disorders and immune-system stimulation. Two plants that are effective against malaria parasites have been identified, and the active compounds in one of the plants have been identified and isolated. Anti-TB chemical entities, in traditional medicines, have also been isolated.
The Department of Health is in the process of implementing the Rollback Malaria Strategic Plan. The goal of the Plan is to integrate the Malaria-Control Programme into PHC so that community and district malaria activities can be strengthened and sustained.
South Africa is one of the signatories to the Abuja Declaration, committing itself to reducing malaria morbidity and mortality by 50% by 2010.
Since the onset of the Lubombo Spatial Development Initiative (SDI), of which South Africa is a partner with Mozambique and Swaziland, there has been an overall reduction of 40% in malaria cases in 2001, followed by a 70% reduction in 2002 from the baseline study conducted in 2000 in the Lubombo SDI areas.
The South African Government has pledged the amount of R5 million to the project for two years and will continue to support the project in 2004. The project managed to secure a fiveyear grant to the value of US $22 million from the Global Fund to Fight AIDS, TB and malaria.
These resources will be used to intensify the project, including the expansion of the spraying programme in Mozambique, introducing more effective malaria drugs in all the partner countries, increasing malaria control infrastructure, and training scientists and officials in effective malaria control.
The WHO honoured South Africa for its role in the Lubombo SDI with an award for best malaria control in southern Africa. South Africa has committed itself to playing a role in the New Partnership for Africa's Development (NEPAD) and malaria control is one of the major programmes in this regard.
The Race Against Malaria Campaign, launched on 10 April 2003, is one of the initiatives to bring partners across southern Africa together in pursuit of better health.
South Africa's rally team joined counterparts from the nine malaria-affected countries of southern Africa, on a two-week drive to Dar es Salaam in Tanzania, during which the teams raised awareness about malaria and distributed insecticide-treated nets, drugs, and education and communication material.
Preliminary negotiations have started with Zimbabwe to explore the possibility of crossborder malaria control, and malaria-control experts are being sent to other Southern African Development Community countries to provide technical assistance and strengthen control programmes in the subregion.
South Africa has to cope with 188 000 new TB cases a year. The country remains one of the 22 high-burden TB countries, even though free testing is available at public clinics countrywide.
On World TB Day on 24 March 2003, South Africa's first National TB advocacy and socialmobilisation campaign was launched - it was also the first such campaign globally. It was announced that more than R8 million would be made available over a period of two years to address the problem of HIV/TB infection.
The Department of Health has implemented the Directly Observed Treatment Strategy (DOTS), advocated by the International Union against TB and the WHO.
TB control receives special emphasis in terms of political priority, finances and good district health management.
Treatment is free of charge at all public clinics and hospitals in South Africa.
A TB team has been set up at national level, while all provinces have TB co-ordinators. A reporting system, which tracks the outcome of all infectious patients, has been implemented countrywide.
Demonstration and training areas have been set up countrywide. Training manuals, posters and charts have been developed, and courses presented. Communication between clinics and laboratories has improved, and treatment guidelines for drug-resistant TB have been developed.
detecting 70% of estimated new smearpositive TB cases.
The Government's policy on HIV and AIDS is set out in the five-year Strategic Plan adopted in 2000 and the Cabinet statements of 17 April 2002, 9 October 2002 and 8 August 2003.
The national action system is defined as the Partnership Against AIDS. The Partnership is represented by the South African National AIDS Council (SANAC), which has contributed substantially to co-ordinating various sectors at the highest level.
Government's commitment to intensifying implementation of the Plan is backed by very large budgets for the HIV/AIDS programme. In 2002/03, government provided large additional allocations for an enhanced response to HIV/AIDS and TB. These allocations, estimated at more than R1 billion for 2002/03, were again strengthened in the 2003 Budget.
Additional allocations of R3,4 billion for the next three financial years strengthen key national programmes (such as condom distribution), as well as bolster provincial budgets to extend prevention programmes and treatment. Dedicated funding for HIV/AIDS (excluding allocations from the provincial equitable shares) is set to increase more than tenfold from R342 million in 2001/02 to R3,6 billion in 2005/06.
The Cabinet convened a special meeting on 8 August 2003 to consider the Report of the Joint Health and Treasury Task Team on treatment options to enhance comprehensive care for HIV/AIDS in the public sector.
The Cabinet decided that the Department of Health should, as a matter of urgency, develop a detailed operational plan on an anti-retroviral (ARV) treatment programme.
The Task Team was assisted by a team of experts from the Clinton Foundation AIDS Initiative.
On 19 November 2003, Cabinet, in principle, approved the Operational Plan for Comprehensive Treatment and Care for HIV and AIDS, which it had requested the Department of Health to prepare. Among others, the Plan provides for ARV treatment in the public health sector as part of government's comprehensive strategy to combat HIV and AIDS.
Government campaigns are continuously increasing awareness about HIV, AIDS, STIs and TB.
Research surveys indicate a high level of awareness among South Africans. The Human Sciences Research Council (HSRC) study, released in November 2002, showed that prevention messages regarding condom-use were working, especially as the young are taking abstinence and faithfulness to heart.
During 2002/03, awareness advanced mainly through the Khomanani Campaign and the life skills and HIV/AIDS education programme in schools.
The Khomanani Campaign, for which government provided R98 million, aims to move the nation to act, so that individuals see themselves as part of a caring community, proactively addressing the HIV, AIDS and TB epidemics.
Condoms are available free of charge at all clinics.
During 2002, government distributed 350 million male condoms free of charge. This rose to 400 million in 2003/04. Government will increase the supply through non-traditional outlets - like clubs, shebeens and spaza shops - and double the number of sites where female condoms are available (the number of such sites has already increased from 27 in 2000 to over 200 in 2002).
In 2003, government spent R123 million on the distribution of approximately 22 million male condoms and 100 000 female condoms every month.
Ensuring access to confidential and voluntary HIV counselling and testing is one of the essential elements of the Strategic Plan, as it provides an important entry into other health interventions, e.g. TB and STI treatment. This goal focuses on expanding access to VCT in both the private and public sectors.
By the end of 2002, VCT was available at 982 sites throughout the country, including the sites of the Preventing Mother-to-Child Transmission (PMTCT) programme. VCT services were expected to be available in 80% of public health facilities by the end of 2003/04. To this end, the conditional grant for HIV/AIDS to the provinces, including expanding VCT and PMTCT, was increased from R210 million in 2002/03 to R334 million in 2003/04.
The PMTCT programme that provides Nevirapine to mother and baby is expanding. The original research sites continue to function, providing a full package of care, and helping to answer critical operational questions such as the impact of infant-feeding options and the significance of drug resistance.
Most provinces are extending this comprehensive package to more facilities. By 2003, about 658 hospitals and clinics were providing the service.
All doctors working in the public-sector maternity services may offer Nevirapine to HIVpositive pregnant women, provided that adequate HIV testing and counselling facilities exist. Provinces are therefore also focusing on upgrading testing and counselling services to take into account the needs of PMTCT.
The decision taken by the Cabinet in April 2002, to offer ARVs to victims of sexual assault as part of a comprehensive package of support, is being implemented. The postexposure prophylaxis programme includes counselling on the effectiveness and risks of using ARVs for this purpose.
Supplementary funding was approved for this programme in 2002 and increased funding was included in 2003 in the conditional grants to provinces.
All provinces are working according to national protocols. In some provinces, the focus is on multidisciplinary crisis or victimempowerment centres, while in others, the service is offered through the emergency rooms of general hospitals.
The South African AIDS Vaccine Initiative (SAAVI) was established in 1999 to develop and test an effective, affordable and locally relevant vaccine for South Africa. The SAAVI has made unusually fast progress for a biotechnology project of this nature.
The Cabinet received a report in July 2003 on the progress of SAAVI with regard to developing a vaccine against HIV and AIDS. Clinical trials on South African products are expected to start in 2004, while trials on other products developed in collaboration with international partners were expected to start in 2003 - pending approval from the MCC and Ethics Committee.
The Department of Health has increased its funding to SAAVI from R5 million to R10 million a year. This is matched by R10 million a year from the Department of Science and Technology (bringing the total Government contribution to R20 million annually), while Eskom contributes R15 million a year.
South Africa is also involved in trials of candidate vaccines that have been developed outside the country.
The Integrated Training Grant for 2003/04 helped ensure collaboration between provincial and academic institutions to standardise both undergraduate and in-service training.
Through a partnership with the Foundation for Professional Development, health workers will be trained in issues relating to HIV, AIDS, STIs and TB. This includes a component on managing patients on ARVs. This training will target 100 health workers per province annually for three years.
Government began setting up Centres of Excellence in 2003. Their main function will be to develop curricula on HIV, AIDS and TB care, and to align the skills of healthcare workers with the requirements of national treatment guidelines.
By March 2003, there were 466 Home/ Community-Based Care Programmes in the country, reaching some 370 170 people. There were 9 553 volunteers attached to these programmes.
Additional funds were made available in 2003/04 through the conditional grants for strengthening the Home/Community-Based Care Programmes. Apart from the health grant, a conditional grant of R66 million was allocated to the Department of Social Development to focus on home/communitybased care, specifically addressing the issues of orphans and vulnerable children; and social relief including food parcels, counselling and child care.
According to the Maternal Mortality Report, released by the Minister of Health in February 2003, HIV/AIDS, malnutrition, substandard healthcare and other non-pregnancy related infections are the chief contributing factors to the country's increasing death rate among pregnant women.
HIV/AIDS remains the most common cause of maternal deaths, responsible for 31,4% of all cases.
The release of the Report coincided with International Women's Day.
Entitled, Saving Mothers 1999 - 2001, the Report was commissioned by the Health Ministry four years ago because of the growing concern about rising maternal deaths.
The Report shows that women in their first pregnancy and those who have had five or more pregnancies are at as much risk of maternal death as 35-year-olds and older women.
High blood-pressure complications are responsible for 20% of maternal deaths during pregnancy, uncontrolled bleeding (obstetric haemorrhage) 13,9%, pregnancy-related sepsis 12,4%, and pre-existing medical conditions account for 7% of maternal deaths.
Other factors include lack of emergency transport, especially in predominantly rural areas, substandard healthcare, and lack of adequate health personnel, resources and information.
The Report recommends, as part of the remedial treatment to reduce maternal deaths, that staffing and equipment norms be improved, emergency-transport facilities and termination-of-pregnancy services be made available to pregnant women, and blood be made available at all health centres where Caesarean services are performed.
The Department of Health has developed a card for women's reproductive health to improve continued care and to promote healthy lifestyles. The card is retained by the patient and facilitates communication between health services.
Antenatal care is provided free of charge. However, some women do not use this service effectively. The Department is convinced that a lack of information could be a contributing factor. Therefore, the Department is addressing the problem by empowering women with quality information that will enable them to make informed choices and decisions affecting their reproductive rights and health.
A Pregnancy Education Week is held annually in February, during which talks and workshops are conducted in rural and urban areas to educate women on their reproductive rights and related issues.
The Contraception and the Youth and Adolescent Health Policy Guidelines promote access to health services for the vulnerable groups, by improving the capacity of health and other workers to care for women and children.
The Guidelines are aimed at the provision of quality care, preventing and responding to the needs of the youth, and promoting healthy lifestyles among all youths.
life skills prevention of substance and alcohol abuse provision of a smoke-free environment. The focus is on the positive potential of young people as opposed to the problems they manifest.
sexual and reproductive health mental health substance abuse violence unintentional injuries birth defects and inherited disorders nutrition oral health. The Guidelines for Maternity Care deal with the prevention of opportunistic infections in HIVpositive women, and the provision of micronutrient supplements to help ensure the well-being of mothers. They also require health workers to delay the rupture of membranes in labour, avoid suctioning of the newborn by using scalp electrodes, and avoid traumatic procedures such as amniocentesis.
The Guidelines for the Cervical Cancer-Screening Programme are set to reduce the incidence of cervical cancer by detecting and treating the pre-invasive stages of the disease. According to the Cancer Registry, cervical cancer is the second most common cancer in women, comprising 16,6% of all cancers. It is the most common cancer in black (31,2%) and coloured women (22,9%), second most common cancer in Asian women (8,9%), and fourth most common cancer in white women (2,7%).
The Cancer-Screening Programme is set to screen at least 70% of women in their early thirties within 10 years of initiating the Programme. The policy allows for three free pap tests with a 10-year interval between each test. Pilot sites for the screening of cervical cancer have been set up in Limpopo, Gauteng and the Western Cape. The project will be rolled out to all provinces.
The Department is also involved in a programme promoting the participation of men in reproductive health and in the prevention of domestic violence and HIV/AIDS.
The Choice on Termination of Pregnancy Act, 1996 (Act 93 of 1996), allows abortion on request for all women in the first 12 weeks of pregnancy, and in the first 20 weeks in certain cases. The Act came into effect on 1 February 1997. Designated facilities have to meet the minimum criteria as recommended by the Minister of Health. These include trained staff, the availability of an operating theatre and appropriate surgical equipment, drugs, and infection-control measures. Termination-ofpregnancy services are provided free of charge within the comprehensive reproductive health services.
A total of 45 449 abortions were performed in State hospitals during 2001. There was a significant decrease in the maternal mortality rate from unsafe abortions - from over 64% in 1994 to 9,5% in March 2002. However, deaths from septic abortions do still occur and this is cause for concern. Amendments to the Choice on Termination of Pregnancy Act, 1996 are planned to facilitate better access to termination services.
The Department of Health continues to support training in abortion care and contraception provision. There was an increase from 239 trained providers in March 2001 to 366 trained providers in March 2002. There was also an increase in the number of functioning designated facilities, from 33% in March 2001 to 48% in March 2002.
The Subdirectorate: Women's Health has developed Contraception Service-Delivery Guidelines. The Subdirectorate is reviewing the National Guidelines on the Management of Survivors of Sexual Offences, and developing a policy on the management of survivors of sexual offences.
In August 2003, South Africa launched the Institute for African Traditional Medicines to research African herbs, and evaluate their medicinal value as part of the Government's campaign to fight HIV, AIDS, TB and other debilitating diseases.
The Institute serves as a reference centre at the Council for Scientific and Industrial Research (CSIR) and will work in partnership with the MRC and the WHO.
The launch of the Institute was the result of a research programme initiated by the Department of Health and the MRC to test the effectiveness, safety and quality of traditional medicines, as well as to protect people from unscrupulous conduct and unproven medical claims within the traditional healing sector.
According to the MRC, an estimated 80% of the population in southern Africa use traditional therapies, with many people reportedly deriving benefits from their use.
The WHO has stated that traditional medicines need to be evaluated for safety and effectiveness before they can be incorporated into or excluded from national health policies. The MRC has put in place systems to safeguard the intellectual property rights of individuals or communities who may bring forward such agents for evaluation.
The MRC will conduct tests to evaluate such medicines, develop substances that could be used for chronic conditions - including immune boosters - and provide information on these medicines to the general public.
It is estimated that about 25 000 South Africans die each year from tobacco-related diseases.
a ban on all advertising for tobacco products from 23 April 2001 all public places must be smoke-free, but employers and restaurateurs can set aside 25% of their space for smokers, and this space must be separated by a solid partition a fine of R10 000 for those who are caught selling or giving cigarettes to children. The Tobacco Products Control Amendment Act, 1999 has earned the Ministry of Health notable worldwide recognition with the awarding of the Luther L. Terry Award in August 2000.
The Department of Health has set up a tobacco hotline for the general public to lodge smoking-related complaints. More than 12 500 complaints were received in less than a year.
312 0180. People who want to quit smoking can contact the National Council Against Smoking's Quit Line on (011) 720 3145.
The Department's approach to reducing tobacco is multipronged. While encouraging communities and individuals to take control of their health, government has also assumed a greater responsibility through education, policy and law enforcement.
The results of these interventions are encouraging. In 1998, South Africa recorded a significant drop in adult tobacco consumption. According to the South African Demographic Health Survey Report, adult smoking dropped from 34% in 1996 to 24% in 1998.
A similar trend was noted among highschool-leavers in two surveys conducted by the MRC in 1999 and 2002, (as part of the Global Youth Tobacco Survey).
The 2002 Survey showed that schoolgoing teenagers were less likely to smoke than they had been in 1999.
This was attributed to a halt in exposure to the advertising, promotion and sponsorship of tobacco products.
teenagers interviewed who had ever smoked (even one or two puffs) dropped from 46,7% in 1999 to 37,6% in 2002 frequent smokers (who had smoked on at least 20 days in the 30 days preceding the interview) dropped from 10,1% in 1999 to 5,8% in 2002 those who recalled seeing tobacco adverts dropped from 77,9% (magazines and newspapers) and 85% (billboards) in 1999 to 69,5% and 78% in 2002 those who had been offered free cigarettes by a tobacco-industry representative was down from 29,7% to 22%.
By the year 2006, the levels of nicotine and tar contents of cigarettes will be reduced even further.
Restrictions on the tar level will be reduced from the current 15 milligrams (mg) to 12 mg, while nicotine will decrease from 1,5 mg to 1,2 mg in all cigarettes sold in South Africa.
South Africa has strongly endorsed, and was one of the first signatories to the Global Framework Convention on Tobacco Control. The Convention is the first global health treaty and was adopted by 192 countries of the World Health Assembly in May 2003.
Foetal Alcohol Syndrome (FAS) is one of South Africa's most common birth defects. It is caused by a mother's consumption of alcohol during pregnancy. Rates in South Africa are the highest recorded anywhere in the world. In the Northern Cape, one in 10 children starting school shows signs of the Syndrome and in the Western Cape, one in 20.
According to a report by the MRC's Alcohol and Drug Abuse Research Group, released in April 2002, alcohol remains the dominant substance of abuse in South Africa. Across the five sites in the South African Community Epidemiology Network on Drug Use, between 46% (Cape Town) and 69% (Mpumalanga) of patients in specialist substance-abuse treatment centres have alcohol as their primary substance of abuse. In Port Elizabeth in 2001, 57% of trauma patients had breath-alcohol concentrations at or above 0,05 grams (g) per 100 millilitres (ml) (the legal limit for driving), compared to 31% in Cape Town and 22% in Durban. Up to 74% of violence-related trauma patients were alcohol-positive in Port Elizabeth, and in Cape Town, up to 45% of persons injured in transport accidents tested positive for alcohol.
Use of cannabis (dagga) and mandrax (methaqualone) alone or in combination (white pipes) continues to be high. The increase in treatment-demand for cocaine addiction which was reported in Cape Town, Durban and Gauteng, has not continued and there has been a levelling off in treatment demand. In Gauteng, however, there has been an increase in the proportion of females reporting cocaine/crack as their primary drug of abuse. Nine per cent of trauma patients in Cape Town tested positive for cocaine in 2001 (up from 3% in 1999/00). An increase in arrests for dealing in cocaine were reported in three of the four sites for which data were available, and large seizures were reported by the South African Police Service's Forensic Science Laboratory in the Western Cape (166 kilograms (kg)).
Over time, there has been a dramatic increase in treatment demand for heroin as the primary drug of abuse in Cape Town and Gauteng. In Cape Town, this is particularly evident among females younger than 20 years of age. Heroin is mainly smoked, but an increasing proportion of patients with heroin as their primary drug of abuse report some injection (36% of patients in Gauteng and 51% of patients in Cape Town).
The abuse of over-the-counter and prescription medicines such as slimming tablets, analgesics (especially products containing codeine), and benzodiazepines (e.g. valium) continues to be an issue across sites, but treatment-demand indicators are stable, except in Mpumalanga where an increase was reported. All sites for which age data are available have shown an increase in treatment-demand by persons younger than 20 years of age.
The Central Drug Authority was established in 2000 and is in the process of operationalising the Drug Master Plan. Key government departments are represented on this body, which reports to Parliament annually. (See chapter 19: Social development).
The Department has implemented a series of concrete measures to eliminate violence against women and children.
The Department is raising awareness and promoting intersectoral and interregional co-operation in this area. On 25 November 2003, Government launched the 16 Days of Activism on No Violence Against Women and Children Campaign.
On 20 March 2003, the Foundation for Human Rights launched a fund for the money raised during the Campaign. The money will be disbursed through the Foundation for Human Rights to NGOs assisting victims and survivors of violence.
The Domestic Violence Act, 1998 (Act 116 of 1998), was enacted in December 1999, and mass campaigns have been held to create community awareness of the Act. Sexualoffence guidelines have been distributed to provinces for implementation.
Training of health providers in victim empowerment and trauma management is ongoing. A national pilot project on secondarylevel services for victims of violence and other psychological crises is ongoing in Mpumalanga, KwaZulu-Natal and the Eastern Cape.
The Department of Health is playing an important role in violence prevention. PHC professionals are being trained in victim empowerment and trauma support and advanced training of healthcare professionals for the management of complicated cases of violence is being carried out in the Secondary-Level Victim Empowerment Centres, established by the Department in some provinces. Violence-prevention programmes in schools are also running in some provinces.
A Crime, Violence and Injury Lead Programme, co-directed by the MRC and University of South Africa's Institute for Social and Health Sciences, has been designed to improve the population's health status, safety, and quality of life, through public healthorientated research aimed at preventing death, disability and suffering arising from crime, violence and unintentional incidents of injury. The Lead Programme's overall goal is to produce research on the extent, causes, consequences and costs of injuries, and on best practices for primary prevention and injury control.
It is estimated that 150 000 children born annually in South Africa are affected by a significant birth defect or genetic disorder.
The Department of Health's four priority conditions are albinism, Down's syndrome, FAS and neural tube defects. Implementation of policy guidelines for the management and prevention of genetic disorders, birth defects and disabilities will reduce morbidity and mortality resulting from genetic disorders and birth defects. This will involve decentralisation of training, expansion of the sentinel sites for birth-defect monitoring, and collaboration with NGOs in creating awareness.
South Africa, through the Birth Defects Surveillance System, is a member of the International Clearing House for Birth Defects Monitoring Systems. In the long term, this should result in diagnoses being more accurate and the data collected on birth defects more reliable. Links have been made with those sentinel sites reporting on perinatal mortality, as congenital anomalies have been shown to be among the top three causes of perinatal mortality at some sentinel sites.
World No-Tobacco Day (31 May). Regular meetings are held with NGOs to discuss collaborative issues.
The Department continues to focus on the development of guidelines for the clinical management of priority chronic diseases, diseases of lifestyle, eye care, cancers, and cataract surgery. Patient education and information, including education on their rights and responsibilities, are also emphasised. Booklets, posters, audiotapes and videotapes with appropriate informative health messages are available at clinics.
The Department promotes the rights of patients as well as the need for them to take responsibility for their own health. This includes a new area to be researched, i.e. therapeutic education, whereby barriers to patient compliance will be identified and addressed.
Healthcare professionals from each province have been trained in the management of asthma, hypertension, diabetes and eye health. This includes training in a health-compliance model to improve patient compliance.
The Department aims to reduce avoidable blindness by increasing the cataract-surgery rate.
Government introduced free health services for people with disabilities in July 2003.
Beneficiaries of the new policy include people with permanent, moderate or severe disabilities, as well as people who have been diagnosed with chronic irreversible psychiatric disabilities.
Frail older people and long-term institutionalised State-subsidised patients also qualify for these free services.
People with temporary disabilities or a chronic illness that does not cause a substantial loss of functional ability, and disabled people who are employed and/or covered by relevant health insurance, are not entitled to these free services.
Beneficiaries receive all in-and-out-patient hospital services free of charge. Specialist medical interventions for the prevention, cure, correction or rehabilitation of a disability are provided, subject to motivation from the treating specialist and approval by a committee appointed by the Minister of Health.
All assistive devices for the prevention of complications, cure or rehabilitation of a disability are provided. These include orthotics and prosthetics, wheelchairs and walking aids, hearing aids, spectacles and intra-ocular lenses. The Department of Health is also responsible for maintaining and replacing these devices.
There is still a backlog in the supply of wheelchairs and hearing aids. The National Department of Health spent about R30 million to ensure that people who were on the waiting list received these devices during 2003/04.
The population of older persons (60 years and older) was estimated to be over three million in 2001. Over 60% were women. The Department continues to develop national policy guidelines on the management and control of priority diseases/conditions of older persons to improve their quality of life and accessibility to healthcare services. These include the development of exercise posters and pamphlets and the development of guidelines that focus specifically on older persons, e.g. National Guidelines on Falls in Older Persons, Guidelines on Active Ageing, National Guidelines on Stroke and TIA (transient ischemic attacks), and National Guidelines on Osteoporosis. The National Strategy on Elder Abuse, together with the National Guidelines on the Management of Physical Abuse of Older Persons, have been implemented in all the provinces. These raise awareness of abuse in all its subtle forms.
The introduction of legislation such as the Occupational Health and Safety Act, 1993 (Act 181 of 1993), and the Mines Health and Safety Act, 1996 (Act 29 of 1996), has done much to focus the attention of employers and employees alike on the prevention of work-related accidents and diseases. The Compensation for Occupational Injuries and Diseases Act, 1993 (Act 30 of 1993), places the onus on medical practitioners who diagnose conditions which they suspect might be a result of workplace exposure, to report these to the employer and relevant authority.
The Medical Bureau for Occupational Diseases has a statutory function under the Occupational Diseases in Mines and Works Act, 1973 (Act 78 of 1973), to monitor former mineworkers and evaluate present miners for possible compensational occupational lung diseases until they either die or are compensated maximally.
The promotion of mental health is one of the cornerstones of the health policy of South Africa.
There are 18 State institutions with some 10 000 beds.
Private psychiatric hospitals and clinics cater for patients requiring hospitalisation for less severe psychiatric illnesses. General hospitals have some psychiatric beds. A further 7 000 beds are hired from the private sector for treatment of long-term chronic psychiatric and severely intellectually disabled patients.
In keeping with government policy of promoting care of the severely intellectually disabled within the community, these persons receive care-dependency grants to reimburse their families for out-of-pocket expenses, thus allowing the person to remain with his or her family in the community. These grants are administered by the Department of Social Development. In recent years, the focus of treatment has shifted from medication only, except where necessary, to patient rehabilitation.
A comprehensive psychiatric community service is managed by health authorities countrywide. Where possible, consultations are undertaken by multidisciplinary teams comprising psychiatrists, psychiatric nurse practitioners, psychologists, pharmacists, social workers and occupational therapists.
According to the Mental Healthcare Act, 2002, mental health is to become a health issue like any other. The purpose is to bring community services closer to mentally-ill patients instead of simply placing them in institutions.
The Act focuses on a strong human rights approach to mental health. It also makes the process of certifying a person more complex, and introduces a 72-hour assessment period before a person can be certified. Previous legislation relied on psychiatrists and doctors to make the decision, but the new Act recognises that there are not enough psychiatrists, especially in rural areas. According to the Act, a mental healthcare practitioner may make such a decision. It also introduces a review board, comprising a mental healthcare practitioner, a legal expert and a community representative to examine the certified patient's case. The patient and their family will be able to appeal to the board, and all certified cases will be reviewed at least once a year.
The Port Health Service is responsible for the prevention of the introduction of quarantinable diseases into the country as determined by the International Health Regulations Act, 1974 (Act 28 of 1974). These services are rendered at sanitary airports (Johannesburg, Cape Town and Durban International Airports) and approved ports.
An aircraft entering South Africa from an epidemic yellow-fever area must make its first landing at a sanitary airport, and passengers travelling from such areas must be in possession of a valid yellow-fever vaccination certificate. Every aircraft or ship on an international voyage must also obtain a pratique from a port health officer upon entering South Africa.
During the Severe Acute Respiratory Syndrome (SARS) outbreak in 2003, the Port Health Service played a key role in creating awareness among travellers arriving from affected countries.
South Africa had one possible case of SARS, a traveller returning from China who showed many clinical signs of SARS, but who died without any laboratory confirmation of this.
Another function of the Department, in conjunction with municipalities and other authorities, is to prevent, control and reduce possible risks to public health from hazardous substances or harmful products present in foodstuffs, cosmetics, disinfectants and medicines; from the abuse of hazardous substances; or from various forms of pollution.
Food is controlled to safeguard the consumer against any harmful, injurious or adulterated products, or misrepresentation as to their nature, as well as against unhygienic manufacturing practices, premises and equipment.
The Department of Health has instituted various interventions to address micronutrient deficiencies and to enhance households' access to nutritious foods.
During 2002, the Department started providing Vitamin A supplements to all children aged between six and 60 months and all mothers, within six to eight weeks after delivery. These supplements are also provided to pre-school children who suffer from severe undernutrition, persistent diarrhoea, measles and severe eye infection. Iron supplementation and anti-helminth treatment are also provided to anaemic pre-school children as part of the IMCI.
Folic acid supplements are provided to women within the first three months of pregnancy, and all pregnant women receive iron supplements.
Breast milk is a rich source of micronutrients, especially Vitamin A. The Department is taking various actions to promote, support and protect breast-feeding. These include the Baby-Friendly Hospital Initiative, which seeks to create an enabling environment for breastfeeding. By April 2003, there were 59 babyfriendly health facilities where mothers were encouraged and supported with the process of breast-feeding.
The Department is also busy drafting regulations on the marketing of breast-milk substitutes, with the view of curbing the sometimes irresponsible marketing of infant formulae by some baby-food manufacturers.
The Food Fortification Programme was launched in April 2003.
With effect from 7 October 2003, millers are compelled by law to fortify their white and brown-bread flour and maize meal with specific micronutrients.
The regulations on food fortification stipulate mandatory fortification of all maize meal and wheat flour with six vitamins and two minerals, including Vitamin A, thiamine, riboflavin, niacin, folic acid, iron and zinc.
Environmental health practitioners at local government level will be responsible for compliance monitoring and law enforcement. Fines of up to R125 000 can be imposed upon millers who fail to comply.
The Department received a grant of US$2,8 million from the Global Alliance for Improved Nutrition.
The Food Fortification Programme is a result of a long and intensive process of stakeholder consultation and preparatory studies. The contribution of members of the Fortification Task Group, especially the milling and baking industry, consumer organisations, professional food and nutrition organisations, and various academics, has been invaluable in developing this Programme.
In selecting food vehicles, the Department also considered the organisation and capacity of the industry that should fortify and deliver fortified foods to consumers. An industry situation analysis showed that at least 85% of maize meal and 97% of wheat flour could be fortified centrally. Furthermore, a database of 580 small millers was compiled. These millers were visited to discuss the Programme and to determine their technical and capacity constraints. Extensive stability tests and organoleptic trials on fortified maize meal and bread were also conducted.
The Department has ensured that the fortification levels as indicated in the regulations do not change the taste and colour of food. The levels are consistent with those in other countries.
In formulating the Programme, the Department also consulted consumers to establish their views on fortification. Consumer research conducted in 2002 indicated that 81% of consumers in peri-urban, rural and deep rural areas were positive about fortification.
Provision has been made for the use of a voluntary food-fortification logo and an officially approved claim, Fortified for Better Health, to indicate that a particular maize meal or wheat flour is fortified according to the regulations.
This means that fortification levels will provide, per 200 g raw maize meal or wheat flour, at least 25% of the daily requirement of most nutrients for a person 10 years or older.
For instance, fortified maize meal will provide a child of between four and six years with an additional 46% (from the previous 36%) of the daily requirement of Vitamin A, bringing it to 82% of the total daily requirement.
The Primary School Nutrition Programme has proved its worth in delivery over a period of nine years. In 2002, the Cabinet made a series of recommendations to strengthen this Programme. As a result, the budget allocation for the Programme was increased substantially from R592 million to R809 million.
An estimated five million children in 15 000 schools have benefitted from this Programme.
It is within this context that the Integrated Nutrition Programme (INP) aims to ensure optimum nutrition for all South Africans by preventing and managing malnutrition.
disease-specific nutrition support, treatment and counselling growth monitoring and promotion nutrition promotion micronutrient malnutrition control food-service management promotion, protection and support of breastfeeding contribution to household-food security. The INP targets nutritionally vulnerable/at-risk communities, groups and individuals for nutrition interventions, and provides appropriate nutrition education and promotion to all.
Allied Health Service Professions Council of South Africa Department of Health Estimates of National Expenditure 2003, published by the National Treasury Health Professions Council of South Africa Medical Research Council website National Health Laboratory Service South African Nursing Council South African Pharmacy Council www.gov.
Arden, N. African Spirits Speak: A White Woman's Journey into the Healing Tradition of the Sangoma. Rochester, Vermont: Destiny Books, 1999.
Baldwin-Ragaven, L., De Gruchy, J. and London, L. An Ambulance of the Wrong Colour: Health Professionals, Human Rights and Ethics in South Africa. Cape Town: University of Cape Town Press, 1999.
Barnett, T. and Whiteside, A. AIDS in the Twenty-First Century. Disease and Globalisation. Hampshire: Palgrave Macmillan, 2002.
Bayer, R. and Oppenheimer, G.M. AIDS Doctors: Voices from the Epidemic. Cape Town: Oxford University Press, 2002.
Booysens, S.W. ed. Introduction to Health Services Management. Kenwyn: Juta, 1996.
Campbell, C. Letting Them Die - Why HIV/AIDS Intervention Programmes Fail.
Campbell, S. Called to Heal: Traditional Healing Meets Modern Medicine in Southern Africa. Halfway House: Zebra Press, 1998.
Couvadia, H. M. and Benatar, S. eds. Tuberculosis With Special Reference to Southern Africa. Cape Town: Oxford University Press, 1992.
Crewe, M. AIDS in South Africa: The Myth and the Reality. London: Penguin, 1992.
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Dennil, K. and others. Aspects of Primary Health Care. Halfway House, Gauteng: Southern Book Publishers, 1995.
Dreyer, M. and others. Fundamental Aspects of Community Nursing. 2nd ed. Halfway House: International Thomson Publishing, 1997.
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Felhaber, T. ed. South African Traditional Healers' Primary Health Care Handbook.
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Pietermaritzburg: University of Natal Press, 2002.
Gumede, M.V. Traditional Healers: A Medical Doctor's Perspective. Johannesburg: Skotaville, 1990.
Hammond-Tooke, W.D. Rituals and Medicines: Traditional Healing in South Africa. Johannesburg: Donker, 1989.
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Holland, H. African Magic: Traditional Ideas that Heal a Continent. Sandton: Penguin, 2001.
Kibel, M. and Wagstaff, L. eds. Child Health for All: A Manual for Southern Africa.
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Nadasen, S. Public Health Law in South Africa: An Introduction. Durban: Butterworths, 2000. Reddy, S.P. and Meyer-Weitz, A. Sense and Sensibilities: The Psychosocial and Contextual Determinants of STD-Related behaviour. Pretoria: Medical Research Council and HSRC, 1999.
Society. 3rd ed. Cape Town: Struik, 1997. Van Rensburg, H.C.J. Health Care in South Africa: Structure and Dynamics. Pretoria: Academica, 1992. Van Wyk, B.E. and Gericke, N. Medicinal Plants of South Africa. Pretoria: Briza Publications, 1999. Webb, D. HIV and AIDS in Africa. London: Pluto; Cape Town: David Philip, 1997. Whiteside, A. and Sunter, C. AIDS: The Challenge for South Africa. Cape Town: Human & Rousseau, 2000. Wood, M. No Turning Back. London: Michael Wood Memorial Fund, 2001.
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Information collected by Statistics SA is presented at different levels of geography.
For example, data from some of the economic series are published for each of the provinces, while other economic statistics are provided only for the country as a whole.
Household-based surveys, such as the labour force survey, the general household survey and the income and expenditure survey generally provided data for each of the nine provinces, as well as the country as a whole.
Population censuses, such as the ones held in 1996 and 2001, gather information for much smaller areas, including municipalities, and even suburbs in some cases.
The central factor determining the geographical level at which data are presented is the size of the sample for the survey.
In South Africa, a sample of about 30 000 households allows for provincial and national information to be published.
A population census, on the other hand, by definition aims to enumerate the whole population. This allows for information to be attached to far smaller geographical levels, such as towns and villages.
Some users of statistics, however, require data at municipal level between population censuses, and Stats SA has long considered how best to provide this.
Some statistical agencies are able to use administrative records to gather information.
However, in South Africa these sorts of records cannot be used to provide information at the municipal level.
In particular, geographic referencing on these records is not consistent and compatible with Stats SA geographic frame. Thus it is difficult to use to attach information to specific municipalities.
In some countries, a combination of the population register and household sample surveys is used to obtain municipal-level data between censuses.
However, the current South African population register does not record all non-citizens in the country; does not allow for geographical analysis; and does not include some important demographic characteristics, such as population group, place of birth or place of residence.
The records of addresses are not regularly updated.
In some cases, only postal addresses are recorded, which further limits attachment of information obtained to geographical area.
In the absence of viable alterative sources of data for use between population censuses, Stats SA has introduced a community survey, its second-largest undertaking after the population census.
The survey, which goes to field in February next year, will collect information from about 280 000 households and profile households, disability, fertility and mortality, education, the expanded public works programme, economic activity and access to service delivery.
Critically, the community survey will provide information at municipal level.
Planning the sample for this massive undertaking has been a complex exercise.
The country has been divided up into about 80 000 patches of land, known as enumerator areas, each of which is attached to one of the country's municipalities.
Systematic simple random sampling procedure was used to select the enumerator areas.
The areas within each municipality were ordered by type (farm, hostel, industrial area, informal settlement, smallholding, tribal settlement, urban settlement, or vacant land). They were then further differentiated by geographic type (rural formal, tribal area, urban formal and urban informal).
For those municipalities with more than 30 enumerator areas, the sample selection used a fixed proportion of 19 percent of the total number of areas.
The selection of the subsample will be based on a fixed proportion of 10 percent.
All households within the selected dwelling units are covered.
Although the community survey is based on a sample, the nature and size of the sample, as well as the sophisticated methodology employed to create it, will enable key information to be attached to each of South Africa's municipalities. This is the central data concern of legislators, policy makers, administrators and those who measure and monitor developments in South Africa's communities.
<fn>GOV-ZA.13october20051En.2012-02-10.en.txt</fn>
Measuring the economy is one of Statistics SA's core activities. Each month, surveys of the various economic sectors are conducted, and their results incorporated into the quarterly and annual estimations of growth in gross domestic product (GDP).
The results of Stats SA's monthly manufacturing production and sales survey are used to calculate indices of the physical volume of manufacturing production.
These indices provide an indicator of the real level of manufacturing activity in the economy, and provide important inputs to estimation of GDP.
In the most recent GDP estimates, which were for the second quarter of this year, the manufacturing sector made up over 16 percent of the total economy.
Other sales data released each month, for retail, wholesale and motor sales, also have an important influence on GDP.
Last week Stats SA reported that retail trade sales at constant (2000) prices for May to July had increased by 4.9 percent compared with May to July 2004; motor trade sales for the three months to July increased by 14.7 percent compared with the three months to July 2004; and wholesale trade sales at constant prices for the three months to July increased by 1.1 percent compared with the three months to July 2004.
Yesterday the latest data on manufacturing were published. Production for the three months to August increased by 1.2 percent after seasonal adjustment, compared with the previous three months.
· The motor vehicles, parts and accessories and other transport equipment division contributed 0.
· Petroleum, chemical products, rubber and plastic products (0.
· Furniture and other manufacturing (0.
· Wood and wood products, paper, publishing and printing (0.
· Food and beverages (0.
· Radio, television and communication apparatus and professional equipment (0.
· Glass and non-metallic mineral products (0.1 percentage points).
However, production decreases were reported in the basic iron and steel, non-ferrous metal products, metal products and machinery division (1.2 percentage points) and the textiles, clothing, leather and footwear division (0.2 percentage points).
In terms of sales, the estimated total value of manufactured products at current prices for the three months to August increased by 3 percent, or R6.285 billion, compared with the previous three months.
Higher manufacturing sales were reported by eight of the 10 manufacturing divisions during this period.
· Radio, television and communication apparatus and professional equipment (15.
· Motor vehicles, parts and accessories and other transport equipment (11.
· Furniture and other manufacturing (5.
· Petroleum, chemical products, rubber and plastic products (4.
· Wood and wood products, paper, publishing and printing (2.
· Food and beverages (1.1 percent).
The surveys undertaken for measurement are based on Stats SA's new business register, which is based on units registered for VAT and income tax.
The manufacturing data published yesterday are the last statistical release based on the sample drawn from the new business register last year.
Data for September will be based on a new sample of manufacturing enterprises, which was drawn in August and will take account of the latest developments in South Africa's manufacturing sector.
<fn>GOV-ZA.13september20071En.2012-02-10.en.txt</fn>
No economy remains static, regardless of its performance or development trajectory. Products emerge and evolve, are withdrawn from circulation, or become redundant. New services replace older ones.
Technologies advance, and expenditure patterns change in response to new socioeconomic expectations and aspirations, and marketing and advertising initiatives. The proposed new basket for the consumer price index (CPI) is a response to these massive and ongoing changes.
Today Stats SA publishes data from its survey of the food and beverage sector, which has been published quarterly for the past year. Similar surveys on transport and accommodation have been introduced, or will be instituted, both because of the growing economic importance of the services sector in economic growth and as a way of better measuring developments in tourism-related industries.
These new surveys serve as good examples of the way statistical methodologies and instruments have to change to accommodate new dynamics in the objects of measurement.
Ten years ago, the impact of cellular communication, computer hardware and software, Web-based connectivity, lottery tickets, and DVD and CD players and discs would have been low priorities in monitoring the economy.
However, economies change and the methodological basis for measuring them must evolve.
Collection of information for the CPI, one of South Africa's most important economic indicators, is no more immune from this state of flux than any other statistical series. Changes in the way information for this indicator is collected have been introduced in the past year, with direct monitoring of prices on the shop floor increasingly replacing less reliable postal surveys.
As part of this ongoing review, Stats SA has been researching the construction of the basket of goods and services on which the majority of South African individuals and households typically spend their money, and for which prices are captured to calculate the CPI.
Yesterday we released a discussion document on the products and services that will comprise the CPI basket in the future. The economic changes that required the new surveys covering food and beverages, transport and accommodation are reflected in suggested revisions to the CPI basket. The new basket includes, for the first time, the price of transport by minibus taxi, while the restaurant and hotel, and accommodation services sectors will appear as separate categories for price collections.
Other products and services that will be included in the CPI for the first time include funeral costs, funeral insurance, internet service provider fees and laptops. DVD and CD players and discs replace VHS and audio tapes and players, and the lottery will be included in the basket once it is again operational.
Products and services have been identified for inclusion on the basis of total expenditure on an item and the number of households that buy the item.
The combination of these approaches allows for the exclusion of luxury items that may record high expenditure because they are expensive, but are only bought by a small minority of households.
For the first time, Stats SA has derived a basket of goods and services for each province. This was achieved by applying the selection criteria on a province-by-province basis, rather than for the country as a whole. This will make the CPI more responsive to the purchasing patterns of consumers in different provinces.
Revising the CPI basket has resulted in identification of 386 indicator products, excluding the health subbasket, which is still being finalised. Of these, 292 indicator products appear in all provinces. Stats SA expects to continue collecting a total of about 100 000 prices for separate products each month.
Changes in the structure of what is measured necessitate changes in the methodologies and statistical infrastructure that enable measurement. This is well demonstrated in the way the evolving economy compels Stats SA to revise its instruments of measurement on an ongoing basis, and improve the methodologies through which information collected is turned into statistical data.
<fn>GOV-ZA.13thsummitEn.2012-02-10.en.txt</fn>
Holding at the margins of the 13th Ordinary Session of the Assembly of Heads of State and Government of the African Union, under the theme: "Investing in Agriculture for Economic Growth and Food Security", the HSGIC Summit was chaired by Mr. Meles Zenawi, Prime Minister of the Federal Democratic Republic of Ethiopia and Chairperson of the HSGIC, in the presence of Leader Mouammar Ghaddafi, of the Great Socialist People's Libyan Arab Jamahiriya and current Chairperson of the African Union, the Chairperson of the African Union Commission, Mr. Jean Ping as well as the Heads of States of the HSGIC Member States.
Sirte, 29 June 2009 - "Let us make agriculture a viable investment option that will open more opportunities for enhanced investment and growth of African Agriculture". Mrs. Rhoda Peace Tumusiime, Commissioner for Rural Economy and Agriculture of the African Union, was speaking today, Monday 29 June 2009, while addressing journalists at a press conference held at the margins of the 13th Ordinary Session of the Assembly of Heads of State and Government of the AU in Sirte, Libya, under the theme: "Investing in Agriculture for Economic Growth and Food Security".
Sirte, 28 June 2009 - The 15th Ordinary Session of the Executive Council of the African Union opened on Sunday 28 June 2009 in Sirte, Libya, within the framework of the 13th Ordinary Session of the Assembly of the African Union, under the theme: ''Invest in Agriculture for Economic Growth and Food Security ''.
Sirte 27 June 2009 - The Executive Council of the African Union will converge in the Ouagadougou Conference Centre, Sirte, Libya, from 28 June ahead of the 13th Ordinary Session of the Assembly of Heads of State and Government of the African Union, under the theme: "Investing in Agriculture for Economic Growth and Food Security".
Sirte, Libya, 27 June 2009 - Given that the theme of the 13th Ordinary Session of the African Union Summit being held in Sirte Libya, is devoted to the agriculture sector in Africa, the opportunities of regional agricultural trade and market systems, the challenges for stimulating economic transformation and growth in Africa, and the financing of the agriculture sector for sustainable development, the African Union Commission will be celebrating the Comprehensive Africa Agriculture Development Program (CAADP) Day tomorrow, Saturday 27 June 2009, in Tripoli, Libya, at the margins of the AU Summit, under the theme: "Investing in Agriculture for Economic Growth and Food Security".
Sirte, 25 June 2009 - Members of the Permanent Representatives Committee (PRC) of the African Union (AU) have called on Member States to continue working hard in their efforts to restore Africa's identity by restoring reparations for the historical damage caused by the slave trade in Africa. They said racism should be considered as a crime against humanity. To that effect, the Ambassadors stressed the need for the continent to work together, so that Africa can fully regain its rights.
Sirte, 24 June 2009 - "We have gathered here today in the historic city of Sirte which saw the birth of the Sirte Declaration that led to the creation of the African Union. This unity makes all of us proud and has continued to manifest itself more and more over the last few years, under the leadership of Brother Leader of the Revolution as well as the Heads of States of the Continent who share the same to enhance this process that was launched here in Sirtes".
Agriculture at the Centre of 13th Assembly of the African Union Heads of State and Government Billed for Sirte, Libya.
Addis Ababa 19 June 2009 - The Thirteen Ordinary Session of the Summit of the African Union Heads of State and Government will officially kick off on 24 June 2009, in Sirte in the Great Socialist People's Libyan Arab Jamahiriya, at the level of the Permanent Representatives Committee (PRC), meeting at its 18th Ordinary Session, under the theme: "Investing in Agriculture for Economic Growth and Food Security". The Summit is expected to hold from the 24th of June 2009 to the 3rd of July 2009.
The representatives of the media are also advised to translate their passports into Arabic before traveling to Libya.
<fn>GOV-ZA.140000En.2012-02-10.en.txt</fn>
A key commitment of Ramsar Contracting Parties is to identify and place suitable wetlands onto the List of Wetlands of International Importance (also called 'Ramsar Sites'). Parties have made a further commitment to ensure the conservation and wise use of these Ramsar Sites so as to maintain the full range of benefits that the wetland can provide for people (e.g., livelihoods, health, culture) and the environment (e.g., in supporting biodiversity).
In this birthday year for the Ramsar Convention, we strongly encourage our Contracting Parties to designate more Ramsar Sites! Click here to see which one of the Ramsar regions in the world has the largest number of designations so far (January 2011 - July 2011).
What needs to be done next?
» Follow the link here to see our key message for this month and additional tools to expand on the message.
The Convention on Wetlands of International Importance, called the Ramsar Convention, is an intergovernmental treaty that provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources.
The Ramsar Convention is the only global environmental treaty that deals with a particular ecosystem. The treaty was adopted in the Iranian city of Ramsar in 1971 and the Convention's member countries cover all geographic regions of the planet.
The Convention's mission is "the conservation and wise use of all wetlands through local and national actions and international cooperation, as a contribution towards achieving sustainable development throughout the world".
The Convention uses a broad definition of the types of wetlands covered in its mission, including lakes and rivers, swamps and marshes, wet grasslands and peatlands, oases, estuaries, deltas and tidal flats, near-shore marine areas, mangroves and coral reefs, and human-made sites such as fish ponds, rice paddies, reservoirs, and salt pans.
At the centre of the Ramsar philosophy is the "wise use" concept. The wise use of wetlands is defined as "the maintenance of their ecological character, achieved through the implementation of ecosystem approaches, within the context of sustainable development". "Wise use" therefore has at its heart the conservation and sustainable use of wetlands and their resources, for the benefit of humankind.
Renovation of the Ramsar Web site has been supported by the Danone Group.
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Mpumalanga Safety, Security and Liaison MEC, Vusi Shongwe has called for the arrest of learners who would be found loitering during school hours in school uniform.
This is after the Mpumalanga Provincial Government deployed MECs from all the departments to various schools to motivate learners and teachers and also come up with solutions to challenges that affect learning and teaching in schools.
Shongwe said that it was irresponsible for learners to hang around during school hours in uniform.
"We will arrest children who will be found in wrong places during school hours. We will also arrest those who are underage yet they go to shebeens and taverns. Government spends a lot of money towards education while learners spend time focusing on other things not related to their studies," said Shongwe.
Out of the schools Shongwe visited, E. S Malele Secondary School and Ben Mathlosa High School were amongst the schools that did not perform well in grade 12, in the year 2010.
During discussions with the principals of the schools, MEC Shongwe was told that one of the reasons that caused the schools to underperform was that of witchcraft.
The principals said that the learners did not trust each other, and they believed that there are learners within the schools who are bewitching them. They alleged that in some of the school days, some learners collapse and get confused after recovering.
Shongwe said it was unfortunate because such external issues influenced the learning of children hence the low pass rate of learners. He appealed to the learners to refrain from witchcraft issues and focus on their studies.
He also called on teachers and parents to support learners to make sure that they attend classes and that learners must support each other and form study groups to improve their results.
A 2011 grade 12 learner from Lehlasedi High School, Leah Malapane told MEC Shongwe that they were privileged to be motivated at the beginning of the academic year.
She pleaded with the MEC to always support and motivate them. She also promised the MEC on behalf of the other grade 12 learners that they will do better and get a 100% pass this year, improving from 71.9%.
Meanwhile, Shongwe called for support from the municipality to assist schools with logistical needs such as water, and grass cutting equipments. He said such resources will enable the running of schools to be normal and conducive for the teaching and learning.
Shongwe also congratulated the Lehlasedi High School and the Mosipa Secondary School for their grade 12 performance in year 2010 and also promised to present an award to the Casteel Education Circuit for outclassing the rest in the Bohlabelo Region.
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<fn>GOV-ZA.14032011201120112011092148orderpaper22032011En.2012-02-10.en.txt</fn>
[No.
Minutes of the previous sittings.
Minutes of the 08th March 2011.
Interpellations and Questions.
Statements by Members.
Financial and Fiscal Commission Annual Report for 2008/09.
North West Youth Development Trust Annual Report 2009/10.
Overview of the Implementation of the Financial Disclosure Framework : Financial Year 2008/2009.
Systems Act.
North West South African Police Service Annual Report 2008/2009 (03/08/2010 2.
Public Protector's Report No. 21 of 2009/10: Report on an investigation into allegations of impropriety that relate to the Mooifontein Animal Pounds in the North West Province. (15/09/09).
Hon. Premier, MEC for Finance and MEC for Housing to give report on all matters that were referred to the then MEC for Finance with regard to the sales of flats, as a resolution of Sitting N0.
<fn>GOV-ZA.14032011201120112011094512questionPaper20110322En.2012-02-10.en.txt</fn>
Were any monies paid to the Mamusa Local Municipality for the establishment of a new library complex / building in Ipelegeng?
If so how much and when?
Was a tender issued for the construction of this facility?
If so, to whom was it awarded?
If so, what was the contact value of the awarded tender?
How much has been paid to the contractor awarded the contract?
What was the extend of the work completed to date?
If any if the funds paid to the Mamusa Local Municipality have not been allocated to any part of the proposed project, where are these funds?
And what is proposed if the project completed to date does not meet the monies paid out to date.
Were advertisement placed for this position and if so in which newspaper and provide the dates on which each advertisement appeared.
How many applicants were received for the position of Municipal Manager?
Provide the names of applicants that were interviewed for the position of Municipal Manager?
Provide names of interviewing panel?
Who was the successful applicant?
Provide the date on which the Rustenburg Council appointed the Municipal Manager?
Provide the total approved salary package of the Municipal Manager including future contractual increases and the formula for calculating bonuses if applicable.
For which period was the Municipal Manager appointed.
For each municipality in the Province , specify the amount of the grant allocated to libraries in each Municipality under the " Conditional Grants, Allocations to Municipality not listed in terms of Division of Revenue Act, 2009 (Act No 4 of 2009) "Annexure B".
Were these Conditional Grant used as per clauses 2.2 of the agreement signed between the Department and the relative Municipality and was expenditure in line with the business plan submitted by each municipality?
Clause 2,2: The Conditional Grants shall be used in the a provident and responsible manner exclusively for the projects.
Where grants were not utilized for the purpose intended as per clause 2.2.
What does the Department plan to eliminate future misuse of grants, if they exist, in future?
How much has it has it has it cost his department since 2009?
2(a) What (i) type and (ii) quantity of accommodation (office space and land) is the private sector leasing from his department and (b) how much has this general annually since 2009?
With regard to each local and district council in the North West Province,(a)how many community development workers are employed by each such municipality and (b)what is the total annual salary bill for those workers?
What safeguards are currently in place to ensure that community development workers are employed on the basis of their competence rather than their allegiance?
What total amount (a) was billed to patients at each specific state hospital in the North West Province in 2009/10 and (b) in unpaid hospital fees is still owed to each of the said hospitals for the same period?
Whether any steps are being taken to recover unpaid; if not, why not; if so, what steps?
<fn>GOV-ZA.14032011201120112011095601atcno422032011En.2012-02-10.en.txt</fn>
The Premier , Hon.
<fn>GOV-ZA.14042011En.2012-02-10.en.txt</fn>
The Minister of Arts and Culture, Mr Paul Mashatile announced on 5 April 2011 that he would host a national Summit to discuss a draft strategy to reposition the arts, culture and heritage sector and strengthen its impact on job creation.
Today this historic summit entitled "Mzansi's Golden Economy" gets underway in Newtown. On the opening day, topics as diverse as arts and culture as a tool for social cohesion, South Africa's global competitiveness and a sector specific strategy for cultural industries will be discussed. Commissions will explore the organization, performance and funding of the arts, culture, heritage sector.
Minister Mashatile will deliver a keynote address on the new strategy of repositioning the arts, culture and heritage sector. Deputy Minister of Economic Development, Mr Enoch Godongwana will address the Summit on the New Growth Path.
For Minister Mashatile, this is an opportunity for a turnaround strategy for the arts so that it becomes recognised as an important growth driver in the economy.
This summit occurs in the same week as Minister Mashatile announced the names of new board members of the National Film and Video Foundation as well as council members of the Nelson Mandela Museum and barely a fortnight after the inauguration of the new board of the National Arts Council.
For Minister Mashatile, "it is important that in the 17th year of our freedom, we acknowledge the importance of freedom of expression and of creativity. It is through creativity that we build a golden economy".
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<fn>GOV-ZA.140737En.2012-02-10.en.txt</fn>
The Women in Construction Initiative aims to enable women in the Western Cape to enter the construction industry. The initiative targets women for certain projects in road construction and maintenance and in public works. It also offers bursaries and contractor development learnerships.
As part of this intiative the Department of Transport and Public Works will award 25% of all road maintenance contracts and 10% of all road construction contracts to women contractors.
In addition 60% of all Expanded Public Works Programmes (EPWP) community-based road maintenance projects will be allocated to women. Public Works will also allocate 30 Mama Specials Projects (special projects targeting women-owned companies) to businesses owned by women.
All women in the Western Cape are invited to apply for these construction contracts.
The Roads Infrastructure Branch of the Department of Transport and Public Works will award 5 contractor development learnerships for women. An additional 250 bursaries will be award to students for tertiary studies in the fields of engineering, architecture and related construction disciplines.
This annual award recognises exceptional achievements by women in the construction field. There are 3 competition categories: entry level, middle level and experienced level. Municipalities, government departments and non-governmental organisations are invited to submit nominations by the end of July each year.
<fn>GOV-ZA.140bulletinEn.2012-02-10.en.txt</fn>
To establish the Unemployment Insurance Fund; to provide for the payment from the Fund of unemployment benefits to certain employees, and for the paymentof illness, maternity, adoption and dependant's benefits related to the unemployment of suchemployees;toprovidefortheestablishment of theUnemployment InsuranceBoard, thefunctions of theBoardandthedesignation of the Unemployment Insurance Commissioner; and to provide for matters connected therewith.
Investment of money of Fund 15 9.
Act No. 63,2001 UNEMPLOYMENT INSURANCE ACT, 2001 15.
"NEDLAC" means theNationalEconomic, DevelopmentandLabourCouncil established by section 2 of the NationalEconomic, DevelopmentandLabour Council Act, 1994 (Act No. 35 of 1994); "officer" means an officer as defined in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994); "prescribed" means prescribed by regulation; "public service" means the public service as contemplated in section 197 of the Constitution of the Republic of South Africa, 1996 (ActNo. 108 of 1996); "regulation" means a regulation made underthis Act; "remuneration" means "remuneration" as defined in section 1 of the Unemploy-ment Insurance Contributions Act; "seasonal worker" means any person who is employed by an employer for an aggregate period of at least three months over a 12 month period with the same employer and whose work is interrupted by reason of a seasonal variation in the availability of work; "this Act" includes any regulation made in terms of this Act; "Unemployment Insurance Contributions Act" means an Act passed by Parliament after this Act, providing for unemployment contributions; "week" means any period of seven consecutive days.
(b)The investigation must be concluded within 12 months from the date that this section takes effect.
The raising of funds by way of loans and bank overdraft facilities in respect of the Fund must be done in terms of the Public Finance Management Act, 1999 (ActNo. 1 of 1999).
The money of the Fundotherthanmoney required to meetthecurrent expenditure of the Fund may be deposited on behalf of the Fund by the Director-General with the Public InvestmentCommissionersto be invested in terms of the Public Investment Commissioners Act, 1984 (Act No. 45 of 1984).
Any profit on investments accrues to the Fund and any loss must be borne by the Fund.
(2)The Director-General may accept donations or bequests for and on behalf of the Fund.
The Director-Generalmust appoint an actuary who is a member of the Actuarial Society of South Africaor who is supervised by a memberof that Society to perform the functions assigned to the actuary in this Act.
Within two months after the end of each financial year, the actuary must review the financial soundness of the Fund for that financial year, and provide anactuarial valuation report to the Director-General.
The Director-General may only submit the report contemplated in subsection(1) after having consulted with the Board and the actuary on the contents of the report.
Despite section 49(2) to (5)of the Public Finance Management Act, 1999 (Act No. 1 of 1999), the Director-General is the accounting authority for the Fund.
any amount written off in terms of section 58(8); and (kj any other matter determined by the Minister.
(a)The Minister may, with the concurrenceof the Minister of Finance, by notice in the Gazette and subject to subsection (4), amend the scale of benefits contained in Schedule 3 in accordance with a maximum monthly rate of remuneration of a skilled manual labourer as determined by the Social Security (Minimum Standards) Conven-tion,1953(Convention No. 102), of theInternationalLabourOrganisation.
For purposes of this Part, any period of unemployment must be calculated from the date of unemployment.
<fn>GOV-ZA.140nationalhouseoftraditionalleaderspublicationsEn.2012-02-10.en.txt</fn>
Results: 1 to 3 of 3 (104467 searched in 0.231.
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<fn>GOV-ZA.141nationalyouthsummitpretationsEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.142134En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.142306En.2012-02-10.en.txt</fn>
Closing date for applications is 12 August 2011.
<fn>GOV-ZA.142bulletinEn.2012-02-10.en.txt</fn>
R 100-00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government. Bidders who bought this tender before may collect a new document free of charge by showing their receipt.
R 300-00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government. Bidders who bought this tender before may collect a new document free of charge by showing their receipt.
NO EXCHANGES FOR CANCELLED, WITHDRAWN or RE-ADVERTISED TENDERS CAN BE MADE WITHOUT THE ORIGINAL RECEIPT.
Members of the media are invited to a SADC Council of ministers meeting media briefing tomorrow, 27 February 2009.
The Cederberg Wilderness area in the Western Cape Province ranks alongside the Drakensberg in KwaZulu Natal, the Wolkberg in Limpopo Province and the Fish River Canyon in Namibia as being the prime hiking destinations for the experienced hiker who loves the freedom given by hiking in Wilderness areas. The Cederberg has a beauty that is all on its own. The weathered rock formations, the beautiful vistas, the crystal clear pools and streams go to make this an unforgettable hiking experience.
From Algeria, the path ascends steeply towards the mountains and a beautiful waterfall.
The top at last! Here we first become aware of the rock formation and flowers that are going to become apart of our life for the next few days!
From Middelberg hut we progressed to Sleepad hut.
From Sleepad hut we decided to make for Tafelberg, a route mostly along a jeep track.
The way to the top of Tafelberg is tough in places but well worth the effort. The views are stunning.
Wilderness trail. There are some basic shelters but unless the weather is bad, sleeping out under the stars is usually a better option.
Sleepadhut S32 22.655 E19 08.
Path up Tafelberg S32 24.591 E19 11.
Wolfberg Arch S32 26.615 E19 15.
<fn>GOV-ZA.142cogtainitiatesprocesstoitifylegislationthatimpedesservicedeliveryEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2001/0111131146a1003.
The North West province continues to lead in the fight against HIV/AIDS. The only province in the country to have shown a decrease in the level of HIV infection is determined to intensify its war on HIV/AIDS. In a historic move, the North West Legislature has passed the Provincial Council on AIDS Act which establishes the Provincial Council on AIDS (PCA) as a government-supported institution (GSI), for purposes of addressing the HIV/AIDS epidemic in the province.
This possible outcome - HIV infection- awaits believers and non-believers alike, be they of Christian, Muslim, Hindu, Buddhist, Bahai, African traditionalist or whatever faith. * Promote change of discrimination towards people with HIV/AIDS. * Care for the growing number of children orphaned through AIDS. * Ensure that every person in the congregation undergoes education and training on HIV/AIDS.
URL: http://www.info.gov.za/speeches/2001/011119246p1006.
Today, we are celebrating one year of united action against HIV/AIDS. Exactly a year ago, we gathered in Rustenburg to launch the Provincial Council on AIDS (PCA). When we honour people with the title Philanthropist- lover of humanity- we look for those who have served people who are not related to them in any other way except that they are fellow human beings.
The Department of Health reaffirms its commitment to put the people we serve first. The public service must not be allowed to be a shelter for people who refuse to serve or those who are in the public service for personal gain. The Department of Health will ensure that our health institutions have adequate personnel, capable to meet the health needs of our different communities.
URL: http://www.info.gov.za/speeches/2001/010926146p1002.
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<fn>GOV-ZA.143242En.2012-02-10.en.txt</fn>
To amend the Insurance Act, 1943, the Pension Funds Act, 1956, the Friendly Societies Act, 1956, and the Unit Trusts Control Act, 1981, so as, in the case of every such Act, to extend the powers of the Minister of Finance to make regulations regarding matters in respect of which fees must be paid; and to make provision that overdue fees, and interest payable in respect thereof, may be recovered in a competent court; to amend the Participation Bonds Act, 1981, so as to grant the Minister of Finance the power to make regulations regarding matters in respect of which fees shall be payable, and any other necessary or expedient matter; to amend the Inspection of Financial Institutions Act, 1984, so as to delete asuperfluous provision regarding expenses of inspections; to amend the Stock Exchanges Control Act, 1985, so as to make provision that approvals by the Registrar of Stock Exchanges contemplated in section 4(1)(f) of the said Act, shall be effected on payment of the prescribed fees; to make provision that applications for the issue or renewal of stock exchanges licences shall be accompanied by the prescribed fees; to reduce the licence fees payable in respect of such applications; to make provision that applications for the granting of certificates authorizing the issue or renewal of licences for the carrying on of the business of carrier against shares shall be accompanied by the prescribed fees; and to extend the powers of the Minister of Finance to make regulations regarding matters in respect of which fees must be paid; to amend the Financial Markets Control Act, 1989, so as to make provision that approvals by the Registrar of Financial Markets contemplated in section 5(1)(h) of the said Act, shall be effected on payment of the prescribed fees; to make provision that applications for the renewal of financial market licences be accompanied by the prescribed fees, and that certificates for the issue or renewal of the said licences be issued on payment of the prescribed fees; and to extend the powers of the Minister of Finance to make regulations regarding matters in respect of which fees must be paid; and to provide for matters connected therewith.
(English text signed by the State President.) (Assented to 26 February 1993.
Amendment of section 76 of Act 27 of 1943, as substituted by section 9 of Act 41 of 1966 and amended by section 13 of Act 101 of 1976, section 11 of Act 86 of 1984, section 9 of Act 106 of 1985, section 7 of Act 53 of 1989, section 18 of Act 54 of 1989 and section 11 of the Financial Institutions Amendment Act, 1992 1.
"(3) Fees which are in terms of or by virtue of a provision of this Act payable, and interest so payable in respect of overdue fees, shall be a debt due to the Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), and may be recovered by the registrar by action in any competent court.".
103 of 1979, section 18 of Act 86 of 1984, section 9 of Act 53 of 1989 and section 27 of the Financial Institutions Amendment Act, 1992 2.
Amendment of section 37 of Act 24 of 1956, as amended by section 14 of Act 65 of 1968, section l9 of Act 86 of 1984, section 13 of Act 50 of 1986 and section 28 of the Financial Institutions Amendment Act, 1992 3.
"(5) Any penalty payable under subsection (2) shall be a debt due to the Union Government Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), and may be recovered by the registrar by action in any competent court.".
Amendment of section 47 of Act 25 of 1956, as amended by section 26 of Act 103 of 1979, section 21 of Act 86 of 1984 and section 11 of Act 53 of 1989 4.
"(2) Fees which are in terms of or by virtue of a provision of this Act payable, and interest so payable in respect of overdue fees, shall be a debt due to the Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), and may be recovered by the registrar by action in any competent court.".
Amendment of section 48 of Act 25 of 1956, as amended by section 31 of Act 101 of 1976 5.
"(5) Any penalty payable under subsection (2) shall be a debt due to the Union Government Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), and may be recovered by the registrar by action m any competent court.".
Amendment of section 42 of Act 54 of 1981 6.
where it is deemed necessary, the payment of interest in respect of overdue fees referred to in paragraph (b).
"(5) Any penalty payable under subsection (3) and fee and interest payable under subsection (1)(b) and (c), shall be a debt due to the Government Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), and may be recovered by the registrar by action in any competent court.".
Insertion of section 14B in Act 55 of 1981 7.
any other matter which is necessary or expedient to be prescribed in order to achieve the objects of this Act.
Fees and interest payable under subsection (1), shall be a debt due to the Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), and may be recovered by the registrar by action in any competent court.
Repeal of section 7 of Act 38 of 1984 8.
Section 7 of the Inspection of Financial Institutions Act, 1984, is hereby repealed.
Amendment of section 4 of Act 1 of 1985 9.
Amendment of section 7 of Act 1 of 1985, as amended by section 38 of Act 55 of 1989 10.
"(2) Every application relating to the issue or renewal of such a licence shall be in the form prescribed and be accompanied by the prescribed fee and, in the case of an application in respect of the issue of any such licence also by not less than five copies of the rules of the association.".
Amendment of section 9 of Act 1 of 1985 11.
"A licence fee of R2 000 as prescribed shall be payable in respect of the issue or renewal of any such licence:".
Amendment of section 12 of Act 1 of 1985, as amended by section 29 of Act 51 of 1988 and section 38 of Act 55 of 1989 12.
"(a) No addition to or alteration (other than a suspension) of the rules of an association which is the holder of a stock exchanges licence shall be valid unless it has, on application by such association and on payment by it of the prescribed fee, been approved by the Registrar, and if he approves thereof, such addition or alteration shall come into operation on a date mentioned in the approval.".
Amendment of section 31 of Act 1 of 1985 13.
"(1) The Registrar may, upon application made in the prescribed form and manner, and on payment of the prescribed fee, grant to any person a certificate authorizing a receiver of revenue to issue to that person a licence to carry on the business of a carrier against shares, or to renew such licence.".
Amendment of section 51 of Act 1 of 1985 14.
"(4) Fees which are in terms of or by virtue of a provision of this Act payable, and interest so payable in respect of overdue fees, shall be a debt due to the Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), and may be recovered by the Registrar by action in any competent court.".
Amendment of section 5 of Act 55 of 1989 15.
Amendment of section 7 of Act 55 of 1989 16.
"(2) Every application relating to the issue or renewal of a financial market licence shall be made in the prescribed manner and shall be 50 accompanied by the prescribed fee and, in the case of an application in respect of the issue of any such licence, also by not fewer than five copies of the proposed rules.".
Amendment of section 8 of Act 55 of 1989 17.
"(3) A certificate for the issue or renewal of a financial market licence shall be granted on payment of the prescribed fee.".
Amendment of section 17 of Act 55 of 1989, as amended by section 25 of Act 54 of 1991 18.
"(3) No addition to or alteration of rules shall be valid before it has, on payment of the prescribed fee, been approved by the Registrar in writing.".
Amendment of section 37 of Act 55 of 1989 19.
"(3) Fees which are in terms of or by virtue of a provision of this Act payable, and interest so payable in respect of overdue fees, shall be a debt due to the Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), and may be recovered by the Registrar by action in any competent court.".
This Act shall be called the Financial Institutions Amendment Act 1993, and the provisions thereof shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14326En.2012-02-10.en.txt</fn>
To amend the Deposit-taking Institutions Act, 1990, so as to substitute for the expression "deposit-taking institution" or any derivative thereof, wherever that expression or derivative appears in the said Act, the word "bank" or the appropriate derivative thereof; to further define the expression "the business of a bank"; to create criteria according to which it can be established whether or not a particular person is a fit and proper person to hold the office of a director or an executive officer of a bank or a controlling company; to allow a right of appeal to the board of appeal against a decision of the Registrar of Banks in connection with an application for authorization to establish a bank; to compel the Registrar of Banks to give notice in the Gazette of every consent granted by him to the establishment in the Republic of a representative office of a foreign institution; to provide for the submission of a written report to the Registrar of Banks regarding the advisability of the continuation of the curatorship of a bank that is under curatorship; to further define the expressions "primary share capital", "primary unimpaired reserve funds", "secondary share capital" and "secondary unimpaired reserve funds", respectively; to substitute the expression "debt instruments" for the word "debentures" in section 70; to make further provision in connection with the minimum share capital and unimpaired reserve funds to be maintained by a subsidiary by way of which a bank or controlling company conducts the business of a bank in a country other than the Republic; to repeal the provisions relating to the maintenance by banks of a minimum reserve balance with the South African Reserve Bank, in view of the insertion of corresponding provisions in the South African Reserve Bank Act, 1989; to render the acquisition by a bank or an associate thereof of more than 49 per cent of the issued shares of a registered insurer subject to approval by the Registrar of Banks; and to prescribe a penalty for a further offence; and to provide for matters connected therewith.
Amendment of section 1 of Act 94 of 1990, as amended by Government Notice No. R.1765 of 30 July 1991 and section 1 of Act 42 of 1992 1.
"(a) Reserve Bank notes, subsidiary coin (excluding such notes or coin to the extent to which it is taken into account in the calculation of the minimum reserve balance a bank is required to maintain in an account with the Reserve Bank in terms of section 10A of the South African Reserve Bank Act, 1989 (Act No.
of the definition of "liquid assets".
the diligence with which the person concerned is likely to fulfil those responsibilities.
had taken part in any business practices that, in the opinion of the Registrar, were deceitful, prejudicial or otherwise improper (whether unlawful or not) or which otherwise brought discredit on his methods of conducting business; or had taken part in or been associated with any such other business practices as would, or had otherwise conducted himself in such a way as to, cast doubt on his competence and soundness of judgement.
The Registrar shall be entitled to request any person to complete a questionnaire that is designed to enable the Registrar to form an opinion, as contemplated in this subsection, regarding the qualities of that person.
"(a) The Minister may, on the recommendation of the Registrar and after consultation with the Governor of the Reserve Bank, by regulation amend the definitions definition of "deposit" "deposit-taking institution" and or "the business of a deposit-taking institution bank" for the purposes of the application of any of or all the provisions of this Act.".
Substitution of section 3 of Act 94 of 1990 2.
For the registration as banks of institutions as deposit-taking institutional public companies desiring to conduct the business of a bank and for the other purposes of this Act there shall, as part of the Reserve Bank, be an office in Pretoria called the Office for Deposit-taking institutional Banks, and at the head of such office shall be a person to be styled the Registrar of Deposit-taking Institutional Banks.
Amendment of section 7 of Act 94 of 1990 3.
"(b) direct such institution bank, controlling company or subsidiary to furnish the Registrar with a report by a public accountant as defined in section 1 of the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951) 1991 (Act No. 80 of 1991), or by any other person with appropriate professional skill, on any matter, or any aspect of any matter, about which the Registrar has directed or may direct under paragraph (a) the institution bank, controlling company or subsidiary to furnish information.".
Amendment of section 9 of Act 94 of 1990, as amended by section 2 of Act 42 of 1992 4.
"(1) Subject to the provisions of section 13(4), any Any person aggrieved by a decision taken by the Registrar under a provision of this Act may within the prescribed period and in the prescribed manner and upon payment of the prescribed fees appeal against such decision to the board of appeal established by subsection (2)."
one shall be a person registered as an accountant and auditor under section 23 15 of the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 19511 1991 (Act No. 80 of 1991), and who in the opinion of the Minister has wide experience of, and is knowledgeable about the latest developments in, the accountants' and auditors' profession.
Amendment of section 12 of Act 94 of 1990 5.
"(b) a report by a public accountant as defined in section 1 of the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951) 1991 (Act No. 80 of 1991), or by any other knowledgeable person approved by the Registrar, on such aspects relating to the application in question,".
Amendment of section 13 of Act 94 of 1990 6.
Amendment of section 22 of Act 94 of 1990 7.
of which the formation has been approved by the Registrar in terms of section 15, may be formed under a name which includes the word "bank" or the words "deposit-taking institution" or "building society", or a derivative thereof; or whose application for provisional registration as a deposit- taking institution bank has been granted by the Registrar under section 17 and which has not been formed in accordance with paragraph (a) of this subsection under a name which already includes the word "bank" or the words "deposit-taking institution" or "building society", or a derivative thereof, may before its provisional registration take the necessary steps in accordance with the Companies Act to include such word, words or derivative in its name."
"The Registrar may in writing direct a company referred to in subsection (6) whose name includes the word "bank" or the words "deposit-taking institution" or "building society", or any derivative thereof, to remove such word, words or derivative from its name-".
Substitution of section 30 of Act 94 of 1990 8.
of every consent to the establishment in the Republic of a representative office of a foreign institution which has been granted by him in terms of section 34.
Substitution of section 33 of Act 94 of 1990 9.
in the case of an institution that has so been provisionally registered as a deposit-taking institution, be provisionally registered as a bank; and in the case of an institution that has so been finally registered as a deposit-taking institution, be finally registered as a bank, by the Registrar in terms of the provisions of this Act as so amended, as soon as is practicable after the said date of commencement.
The Registrar shall when complying with the provisions of subsection (1) issue to the institution in question a certificate of provisional or final registration as a bank, as the case may be.
The reregistration of an institution in terms of this section shall in the case of a provisional registration be for the unexpired portion of the period of the institution's former provisional registration as a deposit-taking institution.
Upon the reregistration of an institution in terms of this section its previous registration as a deposit-taking institution shall be deemed to have lapsed and any certificate of registration issued in respect thereof shall be deemed to have been cancelled.
No fees shall be payable in respect of a reregistration in terms of this section.
Amendment of section 44 of Act 94 of 1990 10.
"(7) A public company which on the date immediately preceding the date of commencement of the Deposit-taking Institutions Amendment Act. 1993 (hereinafter in this subsection referred to as the Amendment Act), is, in terms of the provisions of this Act as those provisions existed prior to the amendment thereof by the Amendment Act, registered as a controlling company in respect of a deposit-taking institution, shall, with effect from the date of the reregistration of the deposit-taking institution concerned as a bank in terms of section 33, be deemed to be a controlling company registered as such in terms of this section in respect of the bank as so reregistered.".
Amendment of section 51 of Act 94 of 1990 11.
"The Minister may with the concurrence of the Minister of Trade and Industry and Tourism by notice in the Gazette declare that a provision of the Companies Act specified in such notice-".
Amendment of section 54 of Act 94 of 1990, as substituted by section 6 of Act 42 of 1992 12.
that the Minister has in terms of subsection (1) consented to the amalgamation or transfer; and that such amalgamation or transfer has been duly effected, and upon the production to him of any relevant deed, bond, certificate, letter of appointment, licence or other document, make such endorsements thereon and effect such alterations in his registers as may be necessary to record the transfer thereof and of any rights thereunder to the amalgamated institution bank or, as the case may be, the institution bank which has so taken over the said assets and liabilities.
"(9) The provisions of this section shall not affect the rights of any creditor of a deposit-taking institution bank which has amalgamated with or transferred all its assets and liabilities toany other such institution bank or taken over all the assets and liabilities of any other such institution bank, except to the extent provided in this section."
"(10) The conditions and any tax benefit which immediately prior to the date of a transfer, referred to in this section, of assets and liabilities were applicable in respect of an investment, referred to in section 10(1)(i)(xii), (xiiA) or (xiii), 10(1)(v),(vA) or (w) or 19(5A) of the Income Tax Act, 1962 (Act No. 58 of 1962), with the transferor deposit-taking institution bank shall, notwithstanding such a transfer of assets and liabilities but subject to the provisions of the said Act, remain applicable to the investment until the expiration of a period of ten years as from the date on which it was initially made or until it is redeemed, whichever occurs first.".
Amendment of section 59 of Act 94 of 1990 13.
is a domestic shareholder, if the address entered in respect of such 2 shareholder in the register of members referred to in section 105 of the Companies Act is an address in the Republic; and is not an associate of any other shareholder of the institution bank or controlling company.
Amendment of section 61 of Act 94 of 1990 14.
"(2) A deposit-taking institution bank shall within 30 days of the appointment in accordance with the provisions of Chapter X of the Companies Act of a person as auditor of that institution thereof, apply to the Registrar on the prescribed form for his approval of such appointment.".
Amendment of section 63 of Act 94 of 1990, as amended by section 7 of Act 42 of 1992 15.
"Notwithstanding anything to the contrary contained in the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951) 1991 (Act No. 80 of 1991), or the Companies Act, but subject to the provisions of subsections (2) and (3) of this section, the auditor referred to in section 61 or 62-".
Amendment of section 68 of Act 94 of 1990 16.
"(a) the Registrar shall have the right to apply to a competent court for the winding-up of any deposit-taking institution bank or for an order placing any such institution bank under judicial management in terms of the said Act, and the Registrar shall have the right to oppose any such application made by any other person; and".
Amendment of section 69 of Act 94 of 1990, as amended by section 8 of Act 42 of 1992 17.
"(6A) While a bank is under curatorship the curator shall, on the expiration of a period of one year as from the date of his appointment as such and thereafter biannually upon the expiration of every period of six months, furnish the Registrar with a written report in which it is stated whether or not, in the opinion of the curator, it is in the interest of the depositors of the bank concerned that the bank remains under curatorship.".
Amendment of section 70 of Act 94 of 1990, as amended by section 9 of Act 42 of 1992 18.
50 per cent of the amount of any surplus resulting from a revaluation of assets and determined as prescribed in subsection (4); and general provisions held against unidentified and unforeseen losses, and funds obtained by way of premiums on the issue of cumulative preference shares or debt instruments issued in accordance with the provisions of paragraphs (i) to (iv), inclusive, of the definition of 'secondary share capital', whether or not such funds are disclosed as a general or special reserve in the financial statements of the bank concerned, but does not include any fund required to be maintained in terms of any other law.
(6) (a) The provisions of subsection (2) shall apply mutatis mutandis to the affairs of a subsidiary by way of which a deposit-taking institution bank or controlling company conducts the business of a deposit-taking institution outsidebank in a country other than the Republic, except if, in terms of the laws regarding capital and reserves in force in such other country, such subsidiary will be required to maintain a minimum share capital and unimpaired reserve funds in an aggregate amount equal to or higher than the aggregate amount it will be required to maintain in terms of subsection (2), in which event the subsidiary shall be subject to the said laws of that other country.
A bank or a controlling company that conducts the business of a bank by way of a subsidiary in a country other than the Republic, as contemplated in paragraph (a), shall be obliged to ensure that such subsidiary at all times complies with the provisions of the laws regarding minimum share capital and unimpaired reserve funds applicable to such subsidiary in terms of paragraph (a) and shall, whenever necessary, make sufficient funds available to enable such subsidiary so to comply with the provisions of the said laws.
A bank shall in respect of a foreign branch thereof be subject, mutatis mutandis, to the obligations imposed upon it in paragraph (b) in respect of a foreign subsidiary thereof, as if such a foreign branch were such a foreign subsidiary.
Repeal of section 71 of Act 94 of 1990 19. Section 71 of the principal Act is hereby repealed.
Amendment of section 74 of Act 94 of 1990 20.
"(1) If a deposit-taking institution bank fails to comply with a provision of section 70 71 or 72, or is unable to comply with any such provision, it shall forthwith in writing report its failure or inability to the Registrar, stating the reasons for such failure or inability."
"(a) in the case of any failure or inability to comply with the provisions of section 70 or 71, not exceeding one-tenth of one per cent of the amount of the shortfall for each day on which such failure or inability continues; or".
Amendment of section 75 of Act 94 of 1990, as amended by section 12 of Act 42 of 1992 21.
"(a) whether the deposit-taking institution bank is complying with the provisions of sections 71 70 and 72; or section 70 10A of the South African Reserve Bank Act, 1989 (Act No.
"(5) A deposit-taking institution bank shall, within such period as the Registrar may on the application of such institution bank approve, furnish the Registrar, in respect of that one of the returns referred to in subsection (1) (b) which most nearly coincides with the end of the financial year of theinstitution bank, with a report by the auditor of the institution bank in which is stated whether or not that return fairly and in conformity with generally accepted accounting practice presents those affairs of the institution bank to which the return relates, and the Registrar may, if he deems it necessary, require the institution bank so to furnish him with such a report in respect of any other of those returns furnished during the financial year.".
Amendment of section 80 of Act 94 of 1990 22.
"(3) No deposit-taking institution bank and no associate of a deposit-taking institution bank shall, without the prior written approval of the Registrar, either jointly or individually acquire or hold shares in any registered insurer as defined in section 1 of the Insurance Act 1943 (Act No. 27 of 1943), to the extent to which the nominal value of those shares exceeds 49 per cent of the nominal value of all the issued shares of such insurer."?
Amendment of section 91 of Act 94 of 1990 23.
"(b) contravenes or fails to comply with a provision of section 34, 35, 36(1), (6) or (7), 37(1), 38(1), 39, 41, 42(1), 52(1) or (4), 53, 55, 58, 59, 61(2), 65, 66, 67, 70(2), 71 72, 73, 75, 76, 77, 78(1) or (3), 79, 80 or 84(2),".
Substitution of section 93 of Act 94 of 1990 24.
a bank deposit-taking institution, discount house, banking institution, banking institution registered under or in terms of the Banks Act, 1965 (Act No. 23 of 1965), or building society registered in terms of the Building Societies Act, 1986 (Act No.
any such reference in section 10(1)(i)(xii)(bb), (xiiA) or (xiii)(bb) 10(1)(v) or (vA) or 19(5A) of the Income Tax Act, 1962 (Act No. 58 of 1962), to a building society shall be so construed as a reference to a deposit-taking institution bank which, immediately prior to its registration as a deposit-taking institution in terms of section 33such, was had been a building society registered as such in terms of (within the meaning of the Building Societies Act, 1986) that after the commencement of this Act was registered as a deposit-taking institution by virtue of the provisions of section 33 as those provisions existed prior to the amendment thereof by the Deposit-taking Institutions Amendment Act, 1993; and any such reference in section 10(1)(w) of the Income Tax Act, 1962, to a banking deposit-taking institution shall be so construed as a reference to a deposit-taking institution bank which, immediately prior to its registration as a deposit-taking institution in terms of section 33 such, was had been a banking institution registered as such in terms of (within the meaning of the Banks Act, 1965) that after the commencement of this Act was registered as a deposit-taking institution by virtue of the provisions of section 33 as those provisions existed prior to the amendment thereof by the Deposit-taking Institutions Amendment Act, 1993.
Substitution of certain expressions in Act 94 of 1990 25.
in section 12(1) for the expression "an institution"; and in section 14(1) for the word "institution". of the expression "a bank".
Substitution of section 96 of Act 94 of 1990 26.
This Act shall be called the Deposit-taking Institution Banks Act, 1990 and the provisions thereof shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Different dates may be fixed in terms of subsection (1) in respect of the different provisions of this Act.
Any reference in this Act to the date of commencement thereof shall be construed as a reference to the applicable date so fixed.
This Act shall be called the Deposit-taking Institutions Amendment Act, 1993.
<fn>GOV-ZA.143draftyouthdeveloptframeworkforlocalgoverntEn.2012-02-10.en.txt</fn>
Results: 1 to 2 of 2 (104467 searched in 0.353.
<fn>GOV-ZA.14400En.2012-02-10.en.txt</fn>
Die metropolitaanse gebied wat deur die Stad Kaapstad beheer word, is onderverdeel in 20 subrade, waarvan elkeen uit 'n aantal wyke bestaan. Daar is altesaam 100 wyke wat elkeen deur 'n raadslid verteenwoordig word. 'n Wyk bestaan op sy beurt uit 'n aantal voorstede. Die Raad het altesaam 200 raadslede waarvan 100 as wyksraadlede verkies is en 100 ingevolge proporsionele verteenwoordiging genomineer is.
'n subraadvoorsitter en/of subraadgebiedskoördineerder te soek.
<fn>GOV-ZA.144addressbytheministersiceloshicekaatthesalgahumanresourcepolicyconfeceEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2009/09042916251001.
In the Eastern Cape, two by-elections took place and both wards were won by the African National Congress. In Gauteng, two by-elections took place and both wards went to the African National Congress. The new councillors are: * For the African National Congress, Makwale Daniel Mabape in Ward 7 in Greater Tzaneen Municipality [Tzaneen] ' LIM333.
<fn>GOV-ZA.144systemandcapacitybuildingpublicationsEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.145bulletinEn.2012-02-10.en.txt</fn>
Forms will be emailed in Adobe format (pdf) - send a request to arensburg@mpg.gov.
<fn>GOV-ZA.14619En.2012-02-10.en.txt</fn>
No. 362. 5 March 1993 It is hereby notified that the State President has assented to the following Act which is hereby published for general information:-NO. 2 OF 1993: REGISTRATION OF NEWSPAPERS AMENDMENT ACT, 1993. ACT To amend the Registration of Newspapers Amendment Act, 1982, so as to repeal the provisions of the Act that have not been put into operation; andto provide for matters connected therewith.
(Assented to 26 February 1993.
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:-Repeal of section 2 of Act 98 of 1982 1.
Section 2 of the Registration of Newspapers Amendment Act, 1982 (hereinafter referred to as the principal Act), is hereby repealed.
Amendment of section 3 of 98 of 1982 2.
Section 3 of the principal Act is hereby amended by the deletion of paragraph (a).
This Act shall be called the Registration of Newspapers Amendment Act, 1993.
<fn>GOV-ZA.14620En.2012-02-10.en.txt</fn>
No. 363.
To amend the Aliens Control Act, 1991, so as to make other provision concerning the penalty to be imposed in respect of certain offences; to provide that any person entering the Republic shall produce a valid passport to an immigration officer; to make further provision regarding the invalidity and cancellation of permits; to create a certain presumption; to empower the Minister to make regulations concerning the requirements and conditions to be complied with by any person applying on behalf of another person for certain permits or the extension of their validity; to effect certain textual improvements; and to delete certain expressions relating to penalties; and to provide for matters connected therewith.
Amendment of section 5 of Act 96 of 1991 1.
in contravention of a condition determined in terms of this section enters the Republic, shall be guilty of an offence and liable on conviction to the penalties determined in section 51.
Amendment of section 6 of Act 96 of 1991 2.
"(4) Any person who fails to comply with a requirement in terms of subsection (2) shall be guilty of an offence and on conviction liable to a fine not exceeding R4 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment the penalties determined in section 51.".
Amendment of section 11 of Act 96 of 1991 3.
"(1) Any person entering the Republic who fails on demand by an immigration officer to produce to him a valid passport which bears a visa or an endorsement by the Director-General to the effect that authority to proceed to the Republic for the purpose of being examined under this Act has been granted by the Minister, or is accompanied by a documentcontaining a statement to that effect together with particulars of such passport, shall be a prohibited person, unless he is proved to be a South African citizen by birth or descent.".
Amendment of section 30 of Act 96 of 1991 4.
"(2) If a permit has been issued in terms of section 25 on anapplication which contains any incorrect information, or if the holder of such a permit or his agent has furnished any incorrect information in connection with that application or any application for the extension of the period of validity of such permit, or if the said holder fails to comply with a condition imposed under section 25(3), of if the said holder within a period of three years as from the date of issue of that permit without the consent of the Minister engages in the Republic in any occupation other than the occupation stated in the said permit to be his occupation, the Minister may direct that by notice in writing addressed to the holder of the permit, such permit be cancelled and the holder be ordered to leave the Republic within a period stated in the notice, and upon the expiration of that period that permit shall become null and void.".
Amendment of section 32 of Act 96 of 1991 5.
that the circumstances in which the employment took place were not of such a nature that he could reasonably have been expected to suspect that the alien was in the Republic in contravention of the provisions of this Act.
Substitution of section 51 of Act 96 of 1991 6.
Any person who contravenes or fails to comply with any provision of section 5 or 6, or any condition subject to which any authority has under section 5 been issued to him, or a condition imposed by the Minister in terms of section 40(2), or who fails to comply with a requirement of an immigration officer under section 7 shall be guilty of an offence and liable on conviction to a fine not exceeding R8 000 or to imprisonment for a period not exceeding two years, and whether or not such person has been convicted of that offence, an immigration officer may, if such person is not in custody, arrest him or cause him to be arrested without a warrant, and may remove him or cause him to be removed from the Republic under a warrant issued by the Minister and, pending his removal, may detain him or cause him to be detained in the manner and at the place determined by the Director-General.
If a person has been sentenced under subsection (1) he may be removed from the Republic in the manner provided for in that subsection before the expiration of his sentence, and the provisions of section 43(2) and (3) shall mutatis mutandis apply in respect of the removal of such person.
Amendment of section 56 of Act 96 of 1991 7.
"(3) A regulation made under subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine, or to imprisonment for a period not exceeding 12 months.".
Amendment of section 58 of Act 96 of 1991 8.
by the insertion after the expression "58."
The sections of the principal Act mentioned in the first column of the Schedule are hereby amended by the deletion of the expression or expressions, as the case may be, mentioned in the second column thereof.
This Act shall be called the Aliens Control Amendment Act, 1993.
<fn>GOV-ZA.14622En.2012-02-10.en.txt</fn>
To amend the Secret Services Act, 1978, so as to further regulate the appointment of members of the Secret Services Evaluation Committee; and to provide for matters in connection therewith.
Amendment of section 3A of Act 56 of 1978, as inserted by section 4 of Act 142 of 1992 1. Section 3A of the Secret Services Act, 1978 (Act No.
"(1) There is hereby established a committee to be known as the Secret Services Evaluation Committee consisting of not less than three but not more than five persons appointed by the State President, of whom one shall be designated by him as the chairman, and of whom at least one shall not be a holder of office in the Executive Authority of the Republic and shall be appointed after consultation with the leaders of the opposition parties in Parliament.".
This Act shall be called the Secret Services Amendment Act, 1993, and shall come into operation on 1 April 1993.
<fn>GOV-ZA.14625En.2012-02-10.en.txt</fn>
No. 368 5 March 1993 It is hereby notified that the State President has assented to the following Act which is hereby published for general information: NO.
To further regulate the affairs of the Multilateral Motor Vehicle Accidents Fund; and to provide for matters connected therewith.
(Afrikaans text signed by the State President.) (Assented to 26 February 1993.
"executive officer" means the person appointed as such in terms of section 13 of the Financial Services Board Act, 1990 (Act No.
Subject to any directions of the executive officer, the provisions of the Insurance Act, 1943 (Act No. 27 of 1943), in relation to an insurer registered in terms of that Act to carry on short-term insurance business, shall apply to the Fund.
The Fund shall furnish to the executive officer such returns as may by virtue of the provisions of subsection (1) be required by the executive officer.
The Fund shall obtain the opinion of an actuary as defined in section 1 of the Insurance Act, 1943, or of a registered accountant and auditor, whenever required, by virtue of the provisions of subsection (1), by the executive officer in respect of such aspects of the business of the Fund as the executive officer may determine.
the assets and liabilities in respect of any new business carried on by the Fund after that date.
The executive officer shall within six months after the end of every financial year of the Fund submit a report on the business of the Fund carried on during the financial year concerned to the Minister, and the Minister shall within 14 days after receipt of such submission lay the report upon the Table in Parliament, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
The Financial Services Board may make regulations in relation to any matter which the Board deems necessary or expedient to prescribe in order to achieve the objects of this Act.
This Act shall be called the Financial Supervision of the Multilateral Motor Vehicle Accidents Fund Act, 1993, and the provisions thereof shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14627En.2012-02-10.en.txt</fn>
NO. 10 OF 1993: SOUTH AFRICAN RESERVE BANK AMENDMENT ACT, 1993 GENERAL EXPLANATORY NOTE: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.
To amend the South African Reserve Bank Act, 1989, so as to define a certain expression and to delete certain definitions; and to provide for the maintenance by banks of minimum reserve balances in accounts with the South African Reserve Bank; and to provide for matters connected therewith.
(Afrikaans text signed by the State President. (Assented to 26 February 1993.
Amendment of section 1 of Act 90 of 1989 1.
" 'bank' means a bank as defined in section 1(1) of the Banks Act, 1990 (Act No. 94 of 1990), and, for the purposes of section 10A, includes a permanent mutual building society referred to in section 4(2)(a) of the Mutual Building Societies Act, 1965 (Act No.
" 'prescribed' means prescribed by regulation;". Amendment of section 4 of Act 90 of 1989 2.
"(b) No person who is a director, officer or employee of a banking institution bank or mutual building society or building society shall be appointed as or remain Governor or Deputy Governor."
" (b) if he is a director, officer or employee of a banking institution bank or mutual building society or building society; or".
Amendment of section 10 of Act 90 of 1989 3.
"(v) perform the functions assigned to the Bank by the Banks Act, 1965 (Act No. 23 of 1965) 1990 (Act No. 94 of 1990), and the Mutual Building Societies Act, 1965 (Act No. 24 of 1965) and the Building Societies Act, 1986 (Act No. 82 of 1986).".
Insertion of section 10A in Act 90 of 1989 4.
10A. (1) Subject to the provisions of subsection (3), a bank shall maintain an account with the Bank into which account that bank shall from time to time deposit at least such amounts as may be necessary to comply with the requirements of subsection (2) and from which it may, subject to that subsection, from time to time withdraw amounts.
The credit balance in an account maintained in terms of subsection (1) by a bank, together with the average daily amount of that bank's Reserve Bank notes and subsidiary coin calculated according to the total amounts of those assets held by the bank on all the days of the latest month in respect of which it furnished a return in terms of subsection (11) to the Registrar of Banks designated under section 4 of the Banks Act, 1990 (Act No. 94 of 1990), may at no time during any month amount to less than an amount equal to the sum of amounts representing the percentages, determined in accordance with the provisions of subsection (4) by the Governor, of the amounts of such different categories of the bank's liabilities as may be specified by the Governor by notice in the Gazette with reference to the time when such liabilities fall due or with reference to any other aspect pertaining to such liabilities.
A bank shall, when required to do so by virtue of a determination contemplated in paragraph (b), in addition to the account referred to in subsection (1) maintain an account with the Bank (hereinafter in this subsection referred to as a special deposit account) into which account that bank shall from time to time deposit at least such amounts as may be necessary to comply with the requirements of paragraph (b).
For the purposes of the maintenance by a bank of a credit balance in a special deposit account referred to in paragraph (a), the Governor may from time to time determine further percentages, in addition to percentages determined by him in terms of subsection (2), of the bank's liabilities as contemplated in subsection (2).
When making a determination in terms of paragraph (b), the Governor may at his discretion direct that interest at a rate determined by him shall be payable to a bank on the daily credit balances in a special deposit account maintained by such bank in terms of paragraph (a): Provided that the provisions of this paragraph shall not derogate from the power conferred by section 10(1)(e) upon the Bank to allow interest on any deposit or on a portion of a deposit.
The percentages determined by the Governor in terms of subsection (2) or (3)(b) shall be such percentages as the Governor may, having regard to the national economic interest, deem desirable to determine from time to time.
Whenever the Governor has made a determination under paragraph (a), he shall in writing inform the Registrar of Banks referred to in subsection (2) of such a determination, and the said Registrar shall as soon as is practicable give written notice of the determination to every bank and cause the determination to be published by notice in the Gazette.
Any such determination shall take effect on a date mentioned in the notice whereby the determination is published in the Gazette in terms of paragraph (b).
A bank's liabilities referred to in subsection (2) shall be calculated in such manner and determined at such times as may be determined by the Governor by notice in the Gazette.
Any person who contravenes or fails to comply with a provision of subsection (1), (2), (3)(a) or (5) shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding six months.
If a bank fails to comply with a provision of this section, or is unable to comply with any such provision, it shall forthwith in writing report its failure or inability to the Governor, stating the reasons for such failure or inability.
against a bank referred to in subsection (7) or, if in the circumstances he deems it fit to do so, condone the failure or inability and afford the bank concerned an opportunity, subject to such conditions as the Governor may determine, to comply with the relevant provision within a specified period.
Irrespective of whether criminal proceedings in terms of subsection (6) have been or may be instituted against a bank in respect of any failure or inability referred to in subsection (7), the Governor may, subject to any condonation granted under subsection (8), by way of a written notice impose upon that bank, in respect of such failure or inability, a fine not exceeding one-tenth of one per cent of the amount of the shortfall for each day on which such failure or inability continues.
A fine imposed under subsection (9) shall be paid to the Governor within such period as may be specified in the relevant notice, and if the bank concerned fails to pay the fine within the specified period, the Governor may by way of civil action in a competent court recover from that bank the amount of the fine or any portion thereof which he may in the circumstances consider justified.
A bank shall, in order to enable the Governor to determine whether the bank is complying with the provisions of this section, furnish the Registrar of Banks referred to in subsection (2), subject to the provisions of subsection (12), with a return on the prescribed form and in respect of the prescribed period.
A return referred to in subsection (11) shall be prepared in conformity with generally accepted accounting practice and shall be furnished to the Registrar of Banks referred to in subsection (2) not later than the fifteenth business day following upon the last business day of the period to which the return relates.
Amendment of section 11 of Act 90 of l989 5.
"(1) The Bank may appoint inspectors (in either a permanent or a temporary capacity) to carry out inspections of the affairs, or of any part thereof, of a banking institution bank as defined in the Banks Act, 1965 (Act No. 23 of 1965) 1990 (Act No. 94 of 1990), or a mutual building society as defined in the Mutual Building Societies Act, 1965 (Act No. 24 of 1965) and a building society as defined in the Building Societies Act, 1986 (Act No. 82 of 1986)."
Substitution of section 12 of Act 90 of 1989 6.
If the Governor or a Deputy Governor has reason to suspect that any person, partnership, close corporation, company or other juristic person who or which is not registered in terms of the Banks Act, 1965 (Act No. 23 of 1965) 1990 (Act No. 94 of 1990), as a banking institution bank or in terms of the Mutual Building Societies Act, 1965 (Act No. 24 of 1965), as a mutual building society or in terms of the Building Societies Act, 1986 (Act No.
if it is so suspected that the business of a mutual building society or a building society is being carried on, direct the Registrar of Building Societies referred to in section 5 of the Building Societies Act, 1986 to cause the affairs or any part of the affairs of such person, partnership. close corporation, company or other juristic person to be inspected by an inspector appointed under section 11(1), in order to establish whether or not the business of a banking institution bank or mutual building society or building society, as the case may be, is being carried on by that person, partnership, close corporation, company or other juristic person.
The provisions of sections 4, 5, 8 and 9 of the Inspection of Financial Institutions Act, 1984 (Act No. 38 of 1984), shall apply mutatis mutandis in respect of an inspection carried out in terms of subsection (1).
Amendment of section 13 of Act 90 of 1989 7.
"(b) without the consent of the Minister, purchase the shares of any banking institution or building society bank or grant loans or advances upon the security thereof;".
Amendment of section 36 of Act 90 of 1989 8.
by the insertion of the following paragraph after paragraph (d): "(dA) any matter which is required or permitted to be prescribed by regulation under this Act;".
This Act shall be called the South African Reserve Bank Amendment Act, 1993, and shall come into operation on the date of commencement of the Deposit-taking Institutions Amendment Act, 1993.
<fn>GOV-ZA.14628En.2012-02-10.en.txt</fn>
No. 371.
To amend the Liquor Products Act, 1989, to provide for the appointment, as members of the Wine and Spirit Board, of two persons nominated by the Agricultural Research Council, instead of two officers; to sanction the production and sale of an alcoholic beverage obtained by the alcoholic fermentation of honey; and to abolish the requirement that specimens of labels affixed to containers be tiled with the administering officer; and to provide for matters connected therewith.
Amendment of section 2 of Act 60 of l989 1.
"(d) Whenever it becomes necessary, the Director-General shall request the bodies mentioned in subparagraphs (i), (ii) and (iv) of paragraph (a) (i) and (ii) in writing to submit the applicable nominations to him in writing within the period specified in the request."
or (iv), the body concerned notifies the Director-General in writing that such member or alternate member shall no longer serve on the board as nominee of that body.
Amendment of section 10 of Act 60 of l989 2.
" (c) may sell, or produce for sale, for drinking purposes. an alcoholic beverage obtained by the alcoholic fermentation of honey."
"shall, in the case of an alcoholic beverage referred to in subsection (1)(b) or (c) be granted only if-".
Repeal of section 13 of Act 60 of 1989 3.
Section 13 of the principal Act is hereby repealed. Amendment of section 23 of Act 60 of l989 4.
"(b) contravenes or fails to comply with a provision of section 5(3)(b), 6(3)(b), 7(3)(b), 8(3)(b), 9(3)(b) 13(1), 13(1) as applied by 13(4) or 20(4);".
This Act shall be called the Liquor Products Amendment Act, 1993.
<fn>GOV-ZA.14629En.2012-02-10.en.txt</fn>
STATE PRESIDENT'S OFFICE No. 372.
NO. 12 OF 1993: AGRICULTURAL RESEARCH AMENDMENT ACT 1993. GENERAL EXPLANATORY NOTE: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.
To amend the Agricultural Research Act, 1990, so as to extend the functions, powers and duties of the Agricultural Research Council; and to provide for matters connected therewith.
BE IT ENACTED by the State President and the Parliament of the Republicof South Africa, as follows:-Amendment of section 4 of Act 86 of 1990 1.
"(1A) purchase or otherwise acquire.
"(i) purchase or otherwise acquire, or possess, hire, alienate, let, pledge or otherwise encumber movable and immovable property;".
This Act shall be called the Agricultural Research Amendment Act, 1993.
<fn>GOV-ZA.14630En.2012-02-10.en.txt</fn>
To amend the Veterinary and Para-Veterinary Professions Act, 1982, so as to further regulate the rendering of certain services by unregistered persons; to effect certain textual alterations; and to provide for admissions of guilt at inquiries of the council; and to provide for matters connected therewith.
Amendment of section 11 of Act 19 of l982 1.
"(4) Any decision taken or act performed by or on the authority of the executive committee shall be of full force and effect, unless it is set aside or amended by the council at its first meeting following the meeting of the executive committee at which such decision was taken or such act was authorized either of its own accord within one year after such decision or act or at the request, within that year, of a person affected thereby, at any time after such decision or act.".
Amendment of section 23 of Act 19 of 1982, as amended by section 6 of Act 19 of 1989 2.
"(c) The council may, after consideration of an application by a person not registered or deemed to be registered in terms of this Act, authorize him in writing to render, subject to such conditions as the council may determine, for gain a particular service deemed in terms of the rules to pertain specially to a veterinary profession or a pare-veterinary profession."
"(d) performing any act which has as its purpose diagnosing, treating or preventing any pathological condition in any animal or which constitutes a surgical operation on any animal, and is deemed in terms of the rules to pertain specially to a veterinary profession otherwise than in accordance with conditions of service with an employer approved by the council, by virtue of which any advantage, whether for a person himself or any other person, can be obtained by means of profit out of the sale of medicine or other substance, or by means of a donation or gift, or by means of the provision of accommodation, or by means of any other profit whatsoever, whether direct or indirect."
"(3) For the purposes of this Act the practicing of a para-veterinary profession means any act referred to any reference in subsection (2) (a) (ii), (b) or (c) construed as if any reference therein to a veterinary profession were shall be deemed also to be a reference to a pare-veterinary profession as well as any act referred to in subsection (2)(d).".
Amendment of section 32 of Act 19 of 1982, as amended by section 11 of Act 19 of 1989 3.
(6A) Any person against whom an inquiry is instituted in terms of this section shall be entitled, without appearing before the council, to admit guilt by means of a sworn affidavit on any of or all the charges mentioned in the summons concerned.
A sworn affidavit referred to in subsection (6A) shall be submitted to the council, or a committee established by the council under section 12.
The council or committee, as the case may be, may, after consideration of the sworn affidavit and if it deems it expedient, accept the admission of guilt, and, having regard to any mitigating factors, impose upon the person concerned any penalty mentioned in section 33(1)(a).
Amendment of section 33 of Act 19 of 1982, as amended by section 12 of Act 19 of 1989 4.
Section 33 of the principal Act is hereby amended by the deletion of subsection (7).
This Act shall be called the Veterinary and Para-Veterinary Professions Amendment Act, 1993.
<fn>GOV-ZA.14631En.2012-02-10.en.txt</fn>
To amend the Deeds Registries Act, 1937, so as to effect certain textual alterations; to delete references to the former territory of South-West Africa; to further regulate the inspection of registers and other records in a deeds registry and the supply of information; to further regulate the sequence that deeds must follow; to further regulate the acceptance of responsibility for the accuracy of facts in a deed or other document prepared for certain purposes; to regulate the transfer or cession by means of endorsement in respect of bonds passed by both spouses who were married in community of property; to provide that cancellation or release of a bond is not necessary if the transfer of land is made by theliquidator of a close corporation; to further regulate the registration of notarial bonds; to further regulate the registration of certain changes of names; and to further define or to delete certain expressions; and to provide for matters connected therewith.
Amendment of section 2 of Act 47 of 1937, as amended by section 1 of Act 43 of 1957, section 1 of Act 43 of 1962, section 1 of Act 87 of 1965, section 2 of Act 61 of 1969, section 2 of Act 3 of 1972, section 7 of Act 62 of 1973, section 2 of Act 27 of 1982 and section 2 of Act 62 of 1984 1.
(1C) The Minister may delegate any power conferred on him by this section, to the Director-General: Community Development Regional and Land Affairs or a Deputy Director-General in the Department of Community Development Regional and Land Affairs.
No person shall be appointed as chief registrar, registrar, deputy registrar or assistant registrar of deeds after the commencement of section 2 of the Deeds Registries Amendment Act, 1984 (Act No. 62 of 1984), unless he has passed the Public Service Law Examination or an examination deemed by the Commission for Administration to be equivalent thereto and has served in the administrative division of the public service in one or more deeds registries or in the deeds registry established by the Deeds Registry Proclamation, 1939 (Proclamation No. 37 of 1939), of the Administrator of South-West Africa for a period of not less than seven years: Provided that this subsection shall not apply with reference to the authorization of any officer under subsection (1A) or (1B) to act as contemplated in the relevant subsection.
Amendment of section 3 of Act 47 of 1937, as substituted by section 2 of Act 87 of 1965 and amended by section 1 of Act 41 of 1977, section 1 of Act 92 of 1978, section 1 of Act 44 of 1980, section 3 of Act 27 of 1982 and section 28 of Act 88 of 1984 2.
"(x) remove from his records, with the approval of the Master and after the lapse of ten years from the date of entry in such records, any entry made therein, whether before or after the commencement of this Act, in pursuance of the transmission to him of a notice of liquidation or an order of liquidation or sequestration or in pursuance of the lodging with him by the Master of a return under section ten of the Administration of Estates Act, 1965;".
Substitution of section 7 of Act 47 of 1937, as substituted by section 3 of Act 87 of 1965 3.
by any sheriff or messenger of a magistrate's court or his deputy, in connection with the exercise of his duties as such.
Notwithstanding anything to the contrary in any other law contained, no person (including the State) shall be exempted from the payment of the prescribed fees referred to in subsection (1).
Amendment of section 9 of Act 47 of 1937, as substituted by section 9 of Act 57 of 1975 and amended by section 4 of Act 27 of 1982 4.
"(b) one shall be an officer in the head office of the Department of Community Development Regional and Land Affairs; and".
Amendment of section 10 of Act 47 of 1937, as amended by section 5 of Act 43 of 1962, section 4 of Act 87 of 1965, section 4 of Act 3 of 1972, section 2 of Act 92 of 1978, section 5 of Act 27 of 1982 and section 3 of Act 62 of 1984 5.
Amendment of section 14 of Act 47 of 1937, as amended by section 7 of Act 43 of 1957, section 7 of Act 43 of 1963 and section 6 of Act 87 of 1965 6.
"(vii) if the right of any person to claim transfer of such land or cession of such real right from any other person has been vested in any third person in terms of any judgment or order of any court (including a magistrate's court and a Commissioner's Court, or in terms of a sale in execution held pursuant to any such judgment or order, transfer of such land or cession of such real right may be passed direct to such third person by the person against whom such right was exercisable."
"(2) In any transfer or cession in terms of any proviso to subsection (1)(b), there shall be paid the transfer duty and death duties which would have been payable had the property concerned been transferred or ceded to each person successively becoming entitled thereto.".
Amendment of section 15A of Act 47 of 1937, as inserted by section 6 of Act 27 of 1982 7.
who is authorized by any other law to prepare a deed or other document for registration or filing in a deeds registry, and who has in accordance with the regulations prepared a deed or other document prescribed by regulation for registration or filing in a deeds registry.
Repeal of section 16B of Act 47 of 1937 8. Section 16B of the principal Act is hereby repealed.
Amendment of section 17 of Act 47 of 1937, as substituted by section 29 of Act 88 of 1984 and amended by section 1 of Act 75 of 1987 9.
"(b) in a case where a right to any mineral or minerals with regard to land referred to in section 2(1) of the Mineral Laws Supplementary Act, 1975 (Act No. 10 of 1975) 20(1) of the Minerals Act, 1991 (Act No. 50 of 1991), is concerned, to constitute an act to which a provision of the said section 2(1) 20(1) is applicable.".
Amendment of section 18 of Act 47 of 1937, as amended by section 6 of Act 3 of 1972 and section 8 of Act 27 of 1982 10.
"(3) If any piece of unalienated State land has been surveyed and is represented on a diagram the registrar concerned shall, upon written application by the Minister of Community Development Public Works or an officer of the State authorized by him or, in the case of the Territory, by the Administrator of the Territory, accompanied by the diagram of the land in duplicate, enter particulars of the land in the appropriate registers and execute in the prescribed form and in accordance with the diagram, a certificate of registered State title thereof prepared by a conveyancer.".
Amendment of section 33 of Act 47 of 1937, as substituted by section 15 of Act 43 of 1962 and amended by section 13 of Act 87 of 1965 11. Section 33 of the principal Act is hereby amended by the deletion of subsection (2).
Amendment of section 42 of Act 47 of 1937, as amended by section 17 of Act 43 of 1962, section 7 of Act 3 of 1972 and section 12 of Act 27 of 1982 12.
Community 4 Development Public Works or, in the case of the Territory, of the Administrator of the Territory and on compliance with the provisions of this section, be superseded by a certificate of uniform title issued by the registrar, in the prescribed form, subject to such uniform conditions of tenure or to the reservation of such uniform 4 rights in favour of the State, as are set forth in such written consent.
"(3) The Minister of Community Development Public Works or, in the case of the Territory, the Administrator of the Territory may agree with the owner as to the aforesaid uniform conditions of tenure or uniform rights in favour of the State, and may consent to the issue of a certificate of uniform title.".
Amendment of section 43A of Act 47 of 1937, as inserted by section 13 of Act 27 of 1982 13.
"In the event of land reverting to the land register under the provisions of the Sectional Titles Act, 1971 (Act No. 66 of 1971) 1986 (Act No. 95 of 1986), without revival of the developer's title deed in terms of the said Act, the registrar shall issue a certificate of registered title in the prescribed form in respect of such land in substitution of the certificates of registered sectional titles under which the land was held prior to such reversion:".
Amendment of section 45 of Act 47 of 1937, as amended by section 20 of Act 43 of 1957, section 19 of Act 43 of 1962, section 31 of Act 88 of 1984 and section 2 of Act 24 of 1989 14.
"(c) the said bond has been passed by the survivor alone or by both spouses who were married in community of property, and a written consent (which shall be in duplicate, in the prescribed form and signed by the survivor and the legal holder of the bond) to the release of the estate of the deceased spouse from liability under the bond and to the substitution of the survivor as sole debtor in respect thereof, is produced to the registrar together with the bond. ".
Amendment of section 45bis of Act 47 of 1937, as substituted by section 2 of Act 75 of 1987 and amended by section 3 of Act 24 of 1989 15.
(2) (a) If immovable property referred to in subsection (1) or (1A) is hypothecated under a registered mortgage bond, the provisions of subsections (2), (3) and (4) of section 45 shall mutatis mutandis apply.
the former spouses jointly and severally assume liability in writing (in the prescribed form and signed by both such spouses and the legal holder of the bond) for all the indebtedness and renounce the exception de duobus vel pluribus reds debendi.
Amendment of section 56 of Act 47 of 1937, as amended by section 26 of Act 43 of 1957, section 23 of Act 87 of 1965, section 8 of Act 3 of 1972 and section 15 of Act 27 of 1982 16.
by the trustee of an insolvent estate, an executor administering and distributing an estate under section 34 of the Administration of Estates Act, 1965 (Act No. 66 of 1965), the liquidator of a company or a close corporation which is unable to pay its debts and which is being wound up by or under the supervision of the court or a liquidator or trustee elected or liquidator or trustee elected or appointed under the Agricultural Credit Act, 1966 (Act No.
Amendment of section 58 of Act 47 of 1937, as substituted by section 17 of Act 27 of 1982 17.
"(bA) close corporations which are unable to pay their debts and are liquidated and wound up by or under the supervision of the court under the Close Corporations Act, 1984 (Act No. 69 of 1984); and".
Amendment of section 62 of Act 47 of 1937, as substituted by section 2 of Act 15 of 1953 and amended by section 29 of Act 43 of 1957 and section 25 of Act 43 of 1962 18.
"(4) Registration of a notarial bond executed by a company incorporated with limited liability or a close corporation shall, if the bond is registered in the deeds registry for the area in which the registered office of the such company or close corporation is situated at the date of the registration of such bond, be effective as registration for the whole of the Republic."
"Provided that where a deeds registry uses a filing process referred to in section 3(3), it shall not be necessary to produce a further duplicate, grosse or certified copy of such bond: Provided further that in the event of simultaneous registration in more than one deeds registry being necessary, the registrars in respect of the other registries may each accept one duplicate or grosse or a copy thereof certified by a notary, for registration and for filing as the registry duplicate, and on production of the original bond registered in the first registry, shall endorse thereon the facts of registration in such other registries, and similarly record on the registry duplicate facts of registration in other registries.".
Amendment of section 65 of Act 47 of 1937, as amended by section 30 of Act 43 of 1957, section 27 of Act 43 of 1962 and section 19 of Act 27 of 1982 19.
"(3) Indien die grond wet deur 'n persoonlike serwituut beswaar moet word, beswaar is met 'n verband of ander saaklike reg waarteen bedoelde persoonlike serwituut sou kon indruis, beswaar is moet die verband of ander geregistreerde akte waarkragtens daardie reg besit word aan die registrateur voorgele word, sesame met 'n geskrewe toestemming van die wettige houer van daardie verband of ander reg tot die registrasie van bedoelde persoonlike serwituut, en, in die geval van 'n verband, vry van die verband.".
Amendment of section 75 of Act 47 of 1937, as amended by section 34 of Act 43 of 1957 20.
Section 75 of the principal Act is hereby amended by the deletion of subsection (2).
Amendment of section 93 of Act 47 of 1937, as amended by section 38 of Act 43 of 1957, section 36 of Act 43 of 1962 and section 21 of Act 27 of 1982 21.
(3)(a) Notwithstanding the provisions of subsection (2), any owner of immovable property may in writing request the Minister to change the name of such immovable property which appears in any registered deed on the ground that such name may be offensive because of the racial connotation thereof.
If the Minister is satisfied that such name may be offensive because of the racial connotation thereof, he may order the Surveyor-General to effect the change of name in the relevant registers and documents and on the relevant diagrams.
The Surveyor-General shall notify the registrar concerned of any change of name effected under paragraph (b), and the registrar shall thereupon amend the relative deeds and registers in his deeds registry.
Amendment of section 102 of Act 47 of 1937, as amended by section 12 of Act 3 of 1972, section 22 of Act 27 of 1982, section 9 of Act 62 of 1984, section 4 of Act 75 of 1987, section 7 of Act 3 of 1988, section 6 of Act 24 of 1989 and section 32 of Act 113 of 1991 22.
" 'conveyancer' means, in respect of any deeds registry, a person practicing as such in the province within which that deeds registry is situate and includes every person who at the commencement of the Deeds Registries Act, 1918 (Act No. 13 of 1918), or the Deeds Registries Proclamation, 1920 (Proclamation No.
(a) immovable property, subject to paragraphs (b) and (c), the person registered as the owner or holder thereof and includes the trustee in an insolvent estate, a liquidator or trustee elected or appointed under the Agricultural Credit Act, 1966 (Act No.
to which the provisions of Chapter III of the Matrimonial Property Act, 1984 (Act No.
by the deletion of subsection (2). Repeal of section 102A of Act 47 of 1937 23.
Section 102A of the principal Act is hereby repealed. Repeal of Act 93 of 1976 24.
The Registration of Deeds in Rehoboth Act, 1976, is hereby repealed.
This Act shall be called the Deeds Registries Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14632En.2012-02-10.en.txt</fn>
No. 375.
To amend the Sectional Titles Act, 1986, so as to emend the definition of "Minister"; to provide that a lessee of a part of a building in terms of a lease agreement concluded with a previous owner of the building will continue to enjoy the same protection when the building is bought by a developer; to delete the provision in terms of which the Minister may determine certain fees to be paid to architects and land surveyors; and to provide for the alienation and mortgaging of a right to extend a building in terms of the Sectional Titles Act, 1971; and to provide for matters connected therewith.
Amendment of section 1 of Act 95 of 1986, as amended by section 1 of Act 63 of 1991 1.
"'Minister' means the Minister of Public Works Regional and Land Affairs;".
Amendment of section 4 of Act 95 of 1986, as amended by section 2 of Act 63 of 1991 2.
"(3A) For the purposes of subsection (3) 'lessee' means a lessee who is a party to a lease entered into with the developer or any of his predecessors in title. ".
Amendment of section 55 of Act 95 of 1986 3. Section 55 of the Sectional Titles Act, 1986, is hereby amended by the deletion of paragraph (i).
Amendment of section 60 of Act 95 of 1986, as amended by section 25 of Act 63 of 1991 4.
(1) Notwithstanding the repeal of the Sectional Titles Act, 1971 (Act No.
(c)(cc) the exercising of a right of extension, in terms of the provisions of this Act.
This Act shall be called the Sectional Titles Amendment Act, 1993.
<fn>GOV-ZA.14633En.2012-02-10.en.txt</fn>
No. 376.
To amend the Police Act, 1958, so as to provide for officers or employees who are in terms of the provisions of the Public Service Act, 1984, appointed in or transferred to the South African Police; and to provide for matters connected therewith.
Amendment of section 33 of Act 7 of 1958, as amended by section 8 of Act 53of 1961, section 19 of Act 64 of 1964, section 1 of Act 80 of 1970, section5 of Act 94 of 1972, section 1 of Act 47 of 1981, section 46 of Act 97 of 1986, section 6 of Act 8 of 1988, section 3 of Act 75 of 1989, section 3 ofAct 76 of 1989 and section 13 of Act 87 of 1991 1.
"(vA) the necessary consequential ad justments in relation to command, control, powers and duties, by virtue of the appointment or transfer in terms of the Public Service Act, 1984 (Act No. 111 of 1984), of officers or employees in or to the South African Police ".
This Act shall be called the Police Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14634En.2012-02-10.en.txt</fn>
To amend the Trade Metrology Act, 1973, so as to define certain expressions; to provide for the appointment of verification officers and the designation of accredited laboratories; and to provide for the levying of fees by accredited laboratories for certain services rendered; and to provide for incidental matters.
Amendment of section 1 of Act 77 of 1973, as amended by section 1 of Act 34 of 1975 and section 1 of Act 15 of 1990 1.
"'accredited laboratory' means any laboratory accredited as contemplated in section 3(k) of the Standards Act, 1982 (Act No.
by the addition of the following definitions: " 'verification officer' means any person appointed as such in terms of section 3; 'verify' means certify the accuracy of any measuring instrument on the basis of a relevant national measuring standard as defined in . section 1 of the Measuring Units and National Measuring Standards Act, 1973 (Act No. 76 of 1973).".
Substitution of section 3 of Act 77 of 1973, as amended by section 3 of Act 15 of 1990 2.
The SABS Council may from time to time, on the recommendation of the director, appoint inspectors or verification officers to verify or test all measuring instruments or any particular kind of measuring instrument in accordance with the provisions of this Act and to perform such other functions as may be assigned to inspectors by this Act.
has satisfied the SABS Council that he holds a certificate qualifying him to act as an inspector, and no person shall act as an inspector in respect of any particular kind of measuring instrument unless he holds a certificate issued to him by the SABS Council to the effect that he is qualified to act as an inspector or verification officer in respect of all measuring instruments or that a particular kind of measuring instrument.
Subject to the provisions of section 22, no inspector shall derive any profit from or be employed in the making, repair, adjusting or selling of any measuring instrument.
No person shall act as an inspector unless he is employed by and acts on behalf of the South African Bureau of Standards or any statutory body contemplated in section 7(1).
No person shall act as a verification officer unless he is employed by and acts on behalf of an accredited laboratory designated in terms of section 7(2) to verify all measuring instruments or the particular kind of measuring instrument in respect of which such verification officer is qualified to act in terms of subsection (1).
No person shall act as an inspector or verification officer in respect of any particular kind of measuring instrument, unless he holds an appropriate certificate contemplated in subsection (2).
Amendment of section 5 of Act 77 of 1973, as substituted by section 5 of Act 15 of 1990 3.
"(1) Subject to the control of the Minister, this Act shall beadministered by the SABS Council and by the director, inspectors, accredited laboratories, verification officers and examiners, whoshall perform their duties under the control of the SABS Council.".
Amendment of section 6 of Act 77 of 1973, as substituted by section 6 of Act 15 of 1990 4.
"(1) The Minister shall appoint a Metrology Advisory Committee to examined or cause to be examined applicants for the post of inspector, and to assist and advise the director in the performance of his functions under sections 3, 4, 18, 23 and 24 and in connection with such other matters as the Minister may refer to the committee from time to time.".
Substitution of section 7 of Act 77 of 1973, as substituted by section 7 of Act 15 of 1990 5.
The Minister may, after consultation with the SABS Council, assign in writing to any statutory body the carrying out, subject to such conditions and requirements as may be prescribed by regulation, of any function specified in this Act.
The SABS Council may in writing, on the recommendation of the director, designate any accredited laboratory to verify measuring instruments or any particular kind of measuring instrument in respect of which such laboratory is accredited.
Insertion of section 13A in Act 77 of 1973 6.
13A. (1) For the purposes of this Act any verification officer may verify and test all measuring instruments or a particular kind of measuring instrument contemplated in section 7(2).
If any verification officer in the execution of his powers as : contemplated in subsection (1) finds that any measuring instrument or kind of measuring instrument does not comply with the requirements of this Act, such measuring instrument or kind of measuring instrument shall be deemed to be rejected in terms of section 25.
Any person who falsely holds himself out to be a verification officer as contemplated in section 3-shall be guilty of an offence.
compel any owner or user to have a measuring instrument 4 certified by him.
Amendment of section 16 of Act 77 of 1973 7.
"(c) that a notice under section 19(1) or that the provisions of section 19(2) should, in respect of any measuring instrument, have been complied with, it shall be presumed that at all relevant times the accused possessed such measuring instrument for a prescribed purpose in the area to which the notice in question or the provisions of section 19(2)applies, until the contrary is proved.".
Amendment of section 17 of Act 77 of 1973, as substituted by section 4 of Act 34 of 1975 8. Section 17 of the principal Act is hereby amended by the deletion of subsection (2).
Amendment of section 18 of Act 77 of 1973, as amended by section 1 of Act 14 of 1984 and section 8 of Act 15 of 1990 9.
by the substitution in subsection (6) for the words following upon paragraph (b) of the following words: "shall be certified or recertified by any inspector or verification officer."
by the insertion in subsection (7) after the word "inspector" of the words "or verification officer".
Amendment of section 19 of Act 77 of 1973, as amended by section 5 of Act 34 of 1975 10.
(3) The director may in his discretion take such steps as he may deem expedient to bring any notice published under subsection (1) or (2) to the attention of persons affected by it.
Any person who fails to comply with (a) a notice published in the Gazette under subsection (1) or (b) the provisions of subsection (2) shall be guilty of an offence.
Amendment of section 21 of Act 77 of 1973 11.
"(1) Any inspector or verification officer shall, at the timeand place appointed under section 19(1) or when any order given by him under section 3 20(1) has been complied with, inspect and verify or test every measuring instrument which is produced or, in accordance with any such order, otherwise made available to him for the purpose of certifying or recertifying it and shall, after verification or testing and subject to the provisions of subsections (2) and (3) certify or recertify, in such manner as to indicate the year of such certification or recertification, every such measuring instrument which he finds to be correct and to comply with the requirements of this Act.".
Amendment of section 22 of Act 77 of 1973, as substituted by section 2 of Act 14 of 1984 12.
"(2) Any accredited laboratory may charge in respect of the verification, testing, adjustment, certification or recertification of any measuring instrument and costs incurred by it in connection therewith, such fees and costs as may be agreed upon by such accredited laboratory and the person submitting the measuring instrument for certification or recertification.".
Substitution of section 22A of Act 77 of 1973, as inserted by section 9 of Act 15 of 1990 13.
22A. (1) Any fees collected and costs recovered in terms of section 18 or 22 22(1) shall constitute revenue of the SABS Council and shall be dealt with in accordance with the provisions of the Standards Act 1982 (Act No. 30 of 1982).
Any fees collected and costs recovered in terms of section 22(2) shall constitute revenue of the accredited laboratory concerned.
Amendment of section 24 of Act 77 of 1973, as amended by section 10 of Act 15 of 1990 14.
by the insertion in subsection (2) after the word "inspector" of the words "or verification officer".
Substitution of section 25 of Act 77 of 1973 15.
Any inspector or any verification officer shall, in the manner prescribed by regulation, deface the certifying stamp on any measuring instrument which he finds to be false, defective or inaccurate or not to comply with the requirements of this Act or any limitation or condition regarding certification or recertification in terms of section 18(2)(a) or any requirement made by the director in terms of section 24(1)(c), and thereupon such measuring instrument shall be deemed to be uncertified or rejected.
shall at the same time issue to the person in charge thereof a certificate stating the reason for the defacement.
Amendment of section 33 of Act 77 of 1973 16.
"(e) otherwise than in the capacity of an inspector or a verification officer, places upon any measuring instrument any stamp or mark purporting to indicate that such measuring instrument has been certified or recertified; or".
Amendment of section 36 of Act 77 of 1973 17.
Section 36 of the principal Act is hereby amended by the insertion in subsection (6) after the word "inspector' of the words "or verification officer".
Amendment of section 42 of Act 77 of 1973, as amended by section 12 of Act 34 of 1975 and section 3 of Act 14 of l984 18.
"(a)providing for the examination of candidates for appointment as inspectors or verification officers, and prescribing the syllabus, conditions and if it is deemed necessary fees in respect of such examinations;".
This Act shall be called the Trade Metrology Amendment Act, 1993.
<fn>GOV-ZA.14635En.2012-02-10.en.txt</fn>
No. 378.
To amend section 34 of the General Law Amendment Act, 1972, so as to make further provision for the lapsing in certain circumstances of certain conditions of title or other conditions applying in respect of immovable property owned by the State; and to provide for matters connectedtherewith.
Substitution of section 34 of Act 102 of 1972 1.
If the State owns immovable property which is subject to a condition of title, or a condition contained in any other document, to the effect that such property may or shall only be used for certain purposes or only by the State and that the ownership of such property shall be transferred to the person from whom such property was acquired or to some other person when such property is no longer required or used for such purposes or used by the State, and the Minister of Agriculture Public Works, by means of a notice, in both official languages, published simultaneously in the Gazette and a newspaper circulating in the area in which such property is situate, makes known that such property is no longer required or used for such purposes, or used by the State, such condition of title or other condition shall lapse after the expiry of a period of one year from the date on which such notice was published, unless the person from whom such property was acquired or such other person provides the Minister of Agriculture Public Works before the expiry of such period with all documents required for the transfer of the ownership of such property in accordance with such condition of title or other condition.
If any condition of title has lapsed under subsection (1), the officer in charge of the deeds registry concerned shall upon the application of the Minister of Agriculture Public Works or any officer in the public service authorized thereto by the Minister, and upon submission of the relevant title deed and such other documents as may be required by such first-mentioned officer, record the fact that such condition of title has lapsed under subsection (1) on such title deed.
If the hospital trustees referred to in section 11 of the Hospital Ordinance, 1946 (Ordinance No. 18 of 1946), of the province of the Cape of Good Hope, or the educational trustees referred to in section 192 of the Education Ordinance, 1956 (Ordinance No. 20 of 1956), of that province, have acquired immovable property which is subject to a condition of title or other condition referred to in subsection (1), the provisions of subsections (1) and (2) shall mutatis mutandis apply in respect of such condition of title or other condition: Provided that for the purposes of such application a reference to the Minister of Agriculture Public Works shall be construed as a reference to such hospital trustees or educational trustees, as the case may be.
This Act shall be called the General Law Amendment Act, 1993.
<fn>GOV-ZA.14636En.2012-02-10.en.txt</fn>
To provide for the transfer of certain immovable property and certain rights and obligations of the State to the Local Government Affairs Council; and for matters connected therewith.
"Council" means the Local Government Affairs Council established by 5 section 2 of the Local Government Affairs Council Act (House of Assembly), 1989 (Act No. 84 of 1989); and "Deed of Agreement" means the deed of agreement entered into on 5 December 1911 between Abraham Fischer in his capacity as Minister of Lands in the Government of the Union of South Africa and Norman 10 Macrobert in his capacity as agent and attorney of certain owners of immovable property at Witpoort, Transvaal, and registeredon 15 January 1912 in the deeds registry in Pretoria under No. 5/1912 S.
All immovable property described in the Schedule and all rights and 15 obligations acquired by or imposed on the State in terms of the Deedof Agreement are hereby transferred to or imposed on the Council.
The Registrar of Deeds concerned shall, in order to give effect to the provisions of subsection (1), as soon as practicable after the commencement of this Act effect the appropriate endorsements in his registers and on the title deeds or 20 other documents in question.
All immovable property, rights and obligations referred to in subsection (1) shall pass to the Council without any transfer duty, stamp duty, office fee or other fee being payable in respect thereof.
This Act shall be called the Witpoort Adjustment Act, 1993.
<fn>GOV-ZA.14637En.2012-02-10.en.txt</fn>
No. 380.
It is hereby notified that the State President has assented to the following Act which is hereby published for general information:-NO. 20 OF 1993: LIQUID FUEL AND OIL ACT REPEAL ACT, 1993.
To repeal the Liquid Fuel and Oil Act, 1947; and to provide for mattersconnected therewith. (Afrikaans text signed by the State President.) (Assented to 26 February 1993.
The Liquid Fuel and Oil Act, 1947 (Act No. 49 of 1947), and the Liquid Fuel and Oil Amendment Act, 1960 (Act No. 17 of 1960), are hereby repealed.
<fn>GOV-ZA.14639En.2012-02-10.en.txt</fn>
No. 382.
To amend the Social Work Act, 1978, so as to effect certain textual alterations; to do away with the requirement that the form of a certificate of registration be prescribed; to provide for the conducting of certain examinations by the South African Council for Social Work; to provide for an additional penalty and for admissions of guilt in respect of unprofessional or improper conduct; and to further regulate the matters in respect of which the Minister of National Health may make regulations; and to provide for matters incidental thereto.
Amendment of section 1 of Act 110 of 1978, as amended by section 1 of Act 68 of 1985 and section I of Act 48 of 1989 1.
" 'student social worker' means a person who studies the subject Social Work at a training institution referred to in section 15(4) and who is registered under section 17A;".
Substitution of heading to Chapter I of Act 110 of 1978 2.
Amendment of section 3 of Act 110 of 1978, as substituted by section 3 of Act 48 of 1989 3.
"(d) to determine the minimum standards of tuition education and training of social workers;".
Amendment of section 11 of Act 110 of 1978, as amended by section 4 of Act 68 of 1985 4.
Section 11 of the principal Act is hereby amended by the substitution in paragraph (a) of subsection (4) for the expression "Department of Health and Welfare" of the expression "Department of National Health and Population Development".
Substitution of heading to Chapter II of Act 110 of 1978 5.
Amendment of section 15 of Act 110 of 1978, as substituted by section 6 of Act 48 of 1989 6.
by the substitution in subsection (4) for the word "specially" of the word "especially".
Substitution of section 16 of Act 110 of 1978, as amended by section 7 of Act 48 of 1989 7.
Any person who contravenes any provision of section 15(1), shall be guilty of an offence and on conviction be liable to a fine not exceeding R2 000, or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
Amendment of section 17 of Act 110 of 1978 8.
"(a) The registrar shall issue to any person registered undersubsection (1) a certificate of registration in the prescribed a form approved by the council and subject to the prescribed conditions.".
Amendment of section 17B of Act 110 of 1978, as inserted by section 9 of Act 48 of 1989 9.
by the deletion of subsection (3).
Amendment of section 17C of Act 110 of 1978, as inserted by section 9 of Act 48 of 1989 10.
(2A) (a) If a social worker applies to have a speciality registered in terms of this section, but does not satisfy the prescribed requirements for the registration of a speciality, the council may require him to pass to the satisfaction of the council, on a date and at a place determined by the council, an examination prescribed under paragraph (b) before examiners appointed by the council, for the purpose of determining whether his professional knowledge and skill in the professional field of his speciality are adequate to enable him to practice the profession of social work in respect of the speciality concerned.
The Minister may on the recommendation of the council make regulations which prescribe the examination which shall be conducted for the purposes of paragraph (a) and the fees which shall be paid by persons who sit for such examination.
The registrar shall, upon payment of the prescribed fee. cause the speciality of a social worker who has satisfactorily passed an examination referred to in paragraph (a) to be entered against the name of that social worker.
Insertion of section 17D in Act 110 of 1978 11.
the council is satisfied that possession of such qualification indicates a standard of professional education and training not lower than that prescribed in respect of the education and training of social workers within the Republic.
Subject to subsection (1), the council may require a person who holds a qualification referred to in subsection (1) and who applies for registration as a social worker under section 17, to pass to the satisfaction of the council, on a date and at a place determined by the council, an examination prescribed under subsection (3) before examiners appointed by the council, for the purpose of determining whether such person possesses adequate professional knowledge and skill to be registered as a social worker and whether he is proficient in any of the official languages of the Republic.
T he Minister may on the recommendation of the council make regulations which prescribe the examination which shall be conducted for the purposes of subsection (2) and the fees which shall be paid by persons who sit for such examination.
Amendment of section 18 of Act 110 of 1978, as substituted by section 10 of Act 48 of 1989 12.
"(4) A condition referred to in subsection (2) may pertain to the passing of an examination and the payment of fees prescribed for such examination.".
Amendment of section 22 of Act 110 of 1978, as amended by section 11 of Act 68 of 1985 and section 13 of Act 48 of 1989 13.
by the addition of the word "or" at the end of paragraph (c) of subsection (1) and the addition to the said subsection of the following paragraph: "(d) a fine not exceeding R2 000."
(6) If a person registered under this Act (in this section referred to as the accused) is alleged to be guilty of unprofessional or improper conduct and the council on reasonable grounds is of the opinion that after inquiry the accused may be found guilty of such conduct as is contemplated in subsection (1) and that in respect thereof it would impose a fine not exceeding R200, the council may issue an appropriate summons on the prescribed form against the accused carrying an endorsement by the council that the accused may admit that he is guilty of the said conduct and that he may pay the fine, not exceeding R200, specified in the summons, without having to appear at an inquiry in terms of section 21.
by paying the specified fine (in this section referred to as the admission of guilt fine) to the council on or before the date specified in the summons.
Any penalty imposed under this section, excluding an admission of guilt fine, shall be paid to the council within 14 days after the imposition thereof.
The imposition of a fine under this section shall have the effect of a judgment in civil proceedings in the magistrate's court of the district in which the inquiry in question under section 21 took place.
Amendment of section 28 of Act 110 of 1978, as substituted by section 13 of Act 68 of 1985 and amended by section 16 of Act 48 of 1989 14.
"(c) subject to the general policy determined by the Minister of National Education in terms of section 2(1)(d) of the National Policy for General Education Affairs Act, 1984 (Act No.
"(3) Any regulation made under this section may, prescribe a penalty for any contravention thereof or failure to comply therewith, not exceeding prescribe a fine of R1 000, or in default of payment imprisonment for a period not exceeding three months or both such fine and such imprisonment.".
This Act shall be called the Social Work Amendment Act, 1993.
<fn>GOV-ZA.14660En.2012-02-10.en.txt</fn>
28 OF 1993: TOWN AND REGIONAL PLANNERS AMENDMENT ACT, 1993 GENERAL EXPLANATORY NOTE: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.
To amend the Town and Regional Planners Act, 1984, so as to provide for the registration of town and regional planning technicians; and to provide for matters connected therewith.
(Afrikaans text signed by the State President.) (Assented to 11 March 1993.
Amendment of section 1 of Act 19 of 1984, as amended by section 1 of Act 48 of 1987 and section 1 of Act 20 of 1988 1.
'town and regional planning technicians' institute' means any association of town and regional planning technicians recognized as a town and regional planning technicians' institute under section 9(1) (u).
Amendment of section 3 of Act 19 of 1984 2.
"(d) one town and regional planning technician selected by the Minister from a list of the names of at least two town and regional planning technicians nominated by town and regional planning technicians' institutes."
"(2) To enable the Minister to appoint members of the council under paragraphs (a), and (b) and (d) of subsection (1), he shall by notice in writing request all town and regional planners' institutes, and the Committee of University Principals and all town and regional planning technicians' institutes to submit a list of the names of a specified number of persons in accordance with the said paragraphs, and if no such list or a list containing insufficient names is submitted to the Minister within a period (of not less than 21 days) determined in the said notice for the submission of such a list of names, the Minister may appoint any suitable person or persons as a member or as members of the council instead of the person or persons he would have appointed if the said institutes or Committee had not failed to submit such a list of names or a list with sufficient names.".
Amendment of section 5 of Act 19 of 1984 3.
(h) was appointed under section 3(1)(d) and he ceases to be a town and regional planning technician.
Amendment of section 9 of Act 19 of 1984 4.
"(l) arrange with a registered insurer as defined in section 1(1) of the Insurance Act, 1943 (Act No.
"(2) Subject to the provisions of this Act, the council shall keep and maintain a register of town and regional planners, and town and regional planners in training and town and regional planning technicians, and such register shall at all reasonable times be open to inspection by any member of the public upon payment of the prescribed fees.".
Substitution of section 10 of Act 19 of 1984, as amended by section 2 of Act 48 of 1987 and section 2 of Act 20 of 1988 5.
The Minister may at the request of the council and with the concurrence of the Competition Board established by section 3 of the Maintenance and Promotion of Competition Act, 1979 (Act No. 96 of 1979), by notice in the Gazette prescribe kinds of work in connection with town and regional planning which shall be reserved for town and regional planners, and town and regional planners in training and town and regional planning technicians, and may in like manner amend or withdraw any reservation so made.
Provided that if the Minister thereafter decides on any alteration in the provision published as aforesaid, as a result of any objections or representations submitted in respect thereof, it shall not be necessary to publish such alteration before finally making the provision in terms of this section.
In making provision in terms of this section, work performed in specified circumstances or for specified purposes or by or for specified persons or classes of persons or within or outside specified areas or classes of areas, may be excluded from the provisions thereof.
Substitution of section 12 of Act 19 of 1984 6.
The council shall in each year, within six months after the close of its financial year, submit to the Minister a report in connection with its functions during that financial year, together with a copy of the audited statement of income and expenditure and the balance sheet referred to in section 11(3) in respect of that financial year, as well as a list of town and regional planners, and town and regional planners in training and town and regional planning technicians whose names appeared in the register on the last day of that financial year, and shall send to every town and regional planner, and town and regional planner in training and town and regional planning technician whose name so appeared in the register a copy of each of the said documents.
Amendment of section 15 of Act 19 of 1984 7.
"(d) one person nominated by the council of every technikon in the Republic having a department or subdivision thereof of town or regional planning and who shall be a member of the teaching staff at such technikon.".
Amendment of section 16 of Act 19 of 1984 8.
"(g) was appointed under section 15(1)(d) and he ceases to be a member of the teaching staff at a technikon in the Republic.".
Section 20 of the principal Act is hereby amended by the substitution in paragraph (a) of subsection (4) for the expression "R200" of the expression "R2 000".
21A. (1) Any person who desires to be registered as a town and regional planning technician shall lodge with the council, in the manner prescribed by it, an application in writing for such registration, and such application shall be accompanied by the prescribed registration fee and such information as may be required by the council.
is a member of any town and regional planning technicians' institute or any town and regional planners' institute, unless the council is of the opinion that he has, without any sound reason been refused membership of any such institute; and with due regard to the provisions of this Act, is a suitable person for registration as a town and regional planning technician, the council shall, subject to the provisions of subsection (4), register the applicant as a town and regional planning technician, and cause any such person's name to be entered in the register and a certificate of registration in the prescribed form to be issued to him.
has passed the examinations referred to in subsection (2)(b); or had been engaged in the performance of work in town and regional planning for a period of not less than three years which in the opinion of the council is of a satisfactory nature, may, within 12 months from the commencement of the Town and Regional Planners Amendment Act, 1993, or such further period as the council may allow, lodge with the council in the manner prescribed by it an application in writing for registration as a town and regional planning technician, and the council shall, subject to the provisions of subsection (4), and upon such information as the council may require being furnished and upon payment of the prescribed fees, register as a town and regional planning technician any such person who in its opinion complies with the requirements of subsection (2)(e), and shall cause his name to be entered in the register and a certificate of registration in the prescribed form to be issued to him.
if such person is according to law detained as a mentally ill person; or if the name of such person has been removed from the register by virtue of any punishment imposed upon him under this Act.
fails to pay any annual fee or a portion thereof prescribed under section 9(1)(f) and payable by him, within 60 days after such fee or portion thereof becomes payable or within such further period as the council may, either before or after the expiration of the said 60 days, in any particular case allow.
The council shall at the written request of any town and regional planning technician remove his name from the register: Provided that where an inquiry into alleged improper conduct by such a town and regional planning technician is in progress or to be held, such removal shall not be made until that inquiry has been concluded.
Subject to the provisions of subsection (4), the council shall on application to it register as a town and regional planning technician any person who was previously registered as a town and regional planning technician in terms of this section and whose registration has been withdrawn in terms of subsection (5)(c), if he has paid the prescribed registration fee and any arrear annual fee or portion thereof prescribed under section 9(1)(f), together with any expenses incurred by the council in connection with the recovery of any arrear fees.
A person who is registered as a town and regional planning technician may describe himself as a town and regional planning technician and shall be entitled to indicate his status or to make it known by using for all purposes the title TRPT (SA) after his name.
Amendment of section 22 of Act 19 of 1984 11.
"(1) A person whose registration as a town and regional planner, or town and regional planner in training or town and regional planning technician has been withdrawn under the provisions of this Act or whose name has under the said provisions been removed from the register, shall return his certificate of registration to the registrar within 30 days from the date upon which he is ordered by the registrar by notice in writing transmitted by post to do so, unless he satisfies the registrar that the certificate has been lost or destroyed, if such is the case, or he is again registered under section 20(7) or 21A(7), as the case may be.".
Amendment of section 23 of Act 19 of 1984, as amended by section 4 of Act 20 of 1988 12.
for reward performs any kind of work reserved for town and regional planners, or town and regional planners in training or town and regional planning technicians under section 10(1); or pretends to be or by any means whatsoever holds himself out or allows himself to be held out as a town and regional planner, or town and regional planner in training or town and regional planning technician or uses the name of a town and regional planner, or town and regional planner in trainingor town and regional planning technician or uses any name, title, description or symbol indicating or calculated to lead persons to infer that he is registered as a town and regional planner, or town and regional planner in training or town and regional planning technician in terms of this Act, shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000.
of this Act.
Substitution of section 24 of Act 19 of 1984 13.
Amendment of section 25 of Act 19 of 1984 14.
Provided that in the case of alleged improper conduct which forms or which the council has reason to believe is likely to form the subject of criminal or civil proceedings in a court of law, the council may postpone the inquiry until such proceedings have been determined.
(3) The acquittal or the conviction of a town and regional planner, or town and regional planner in training or town and regional planning technician by a court of law upon a criminal charge shall not be a bar to proceedings against him under this Act on a charge of improper conduct, even if the facts set forth in the charge of improper conduct would, if proved, constitute the offence set forth in the criminal charge on which he was so acquitted or convicted or any other offence of which he might have been convicted at his trial on the said criminal charge.
If the improper conduct with which the town and regional planner, or town and regional planner in training or town and regional planning technician is charged amounts to an offence of which he has been convicted by a court of law, a certified copy of the record of his trial and conviction by that court shall, upon the identification of such town and regional planner, or town and regional planner in training or town and regional planning technician as the person referred to in the record, be sufficient proof of the commission by him of such offence, unless the conviction has been set aside by a superior court: Provided that it shall be competent for the town and regional planner, or town and regional planner in training or town and regional planning technician charged to adduce evidence that he was in feet wrongly convicted.
Substitution of section 27 of Act 19 of 1984 15.
When it appears to the council from information on oath that any town and regional planner, or town and regional planner in training or town and regional planning technician has become mentally ill to such an extent that it would be contrary to the public interest to allow him to continue to perform work in town and regional planning, the council may in its discretion hold an inquiry mutatis mutandis in accordance with the provisions of section 26 in respect of such town and regional planner, or town and regional planner in training or town and regional planning technician.
If the council finds that such town and regional planner, or town and regional planner in training or town and regional planning technician has so become mentally ill, the council may order for a specified period his suspension from his functions as a town and regional planner, or town and regional planner in training or town and regional planning technician, as the case may be.
The council may extend for any period determined by it the period of operation of, or withdraw, any order made under this section.
Amendment of section 28 of Act 19 of 1984, as amended by section 3 of Act 48 of 1987 16.
"(g) prescribing, subject to the provisions of subsection (2), the tariff of fees to which a town and regional planner or town and regional planning technician shall be entitled for services rendered by him in that capacity, in the absence of an agreement between such town and regional planner or town and regional planning technician and a particular client in terms of which he shall be entitled in respect of such services to fees according to any other tariff;".
Amendment of section 31 of Act 19 of 1984 17.
"Any person who feels aggrieved by a refusal by the council to register him as a town and regional planner, or town and regional planner in training or town and regional planning technician, as the case may be, in terms of the provisions of this Act, or by a decision made by the council in the exercise of the council's powers under section 25 or 27, may at any time after he became aware of that refusal or decision, but not later than-".
Amendment of section 34 of Act 19 of 1984 18.
"(b) the provisions of this Act shall apply mutatis mutandis in the said territory in respect of the registration of any person as a professional town and regional planner, or town and regional planner in training or town and regional planning technician.".
Substitution of long title of Act 19 of 1984 19.
To provide for the establishment of a South African Council for Town and Regional Planners, for the registration of town and regional planners, and town and regional planners in training and town and regional planning technicians and for matters connected therewith.
<fn>GOV-ZA.14661En.2012-02-10.en.txt</fn>
To provide for the promotion and maintenance of standardization and quality in connection with commodities and the rendering of services, and for that purpose to provide for the continued existence of the South African Bureau of Standards, as the national institution for the promotion and maintenance of standardization, and the control thereof by a council, and for matters connected therewith.
(English text signed by the State President.
(Assented to 11 March 1993.
(Investment of Funds) Act, 1984 (Act No. 39 of 1984), and includes a bank as defined in section 1 of the Banks Act, 1990 (Act No.
"importer" means an importer as defined in section 1(1) of the Customs and Excise Act, 1964 (Act No.
"this Act" includes a regulation.
The South African Bureau of Standards established by section 2 of the Standards Act, 1945 (Act No. 24 of 1945), shall, notwithstanding the repeal of the Standards Act, 1982 (Act No. 30 of 1982), by this Act, continue to exist as a juristic person known as the SABS and is the national institution for the promotion and maintenance of standards.
Notwithstanding anything to the contrary in this Act or any other law contained, any assets or property, whether movable or immovable, obtained by way of ownership by the council prior to the commencement of this Act, shall be deemed to be owned by the SABS.
The registrar of deeds concerned shall make the entries orendorsements in or on any relevant register, title deed or other document in his office or submitted to him which he may deem necessary in order to give effect to the provisions of this section, and no office fee or other charge shall be payable in respect of any such entry or endorsement.
Notwithstanding anything to the contrary in this Act or in any other law contained, all rights obtained or obligations incurred by the council prior to the commencement of this Act, shall be deemed to have been obtained or incurred by the SABS.
to assist a person or State department in the preparation and framing of any document which embodies characteristics similar to those of a standard; and to perform, in so far as it is not repugnant to or inconsistent with the provisions of any Act of Parliament, such functions as the Minister may assign to the SABS, so as to promote and maintain standardization and quality regarding commodities and the rendering of services.
subject to the provisions of this Act, determine and collect fees for services rendered under this Act; and in addition to any function, power or duty that the SABS is required or empowered to perform, exercise or execute in terms of the provisions of this Act or any other law, do everything that is conducive to the achievement of its objects or is calculated, directly or indirectly, to enhance the value of or render profitable the property or rights of the SABS.
who manufactures outside the Republic an article a consignment of which is intended for importation into the Republic; or who intends to import a consignment of an article manufactured outside the Republic, a certificate in which it is declared that such consignment complies with or has been manufactured in accordance with the requirements determined in terms of this Act.
subject to the payment of the prescribed remuneration, undertake the investigations or research which the Minister may assign to it; and at the request of the Minister, advise the Minister concerning any matter which is relevant to the objects of the SABS.
render assistance to; or obtain the co-operation of, a person, body, organization, administration, authority or government in any country or territory outside the Republic.
The Minister may with the concurrence of the Minister of State Expenditure indemnify the SABS against any losses which it may incur consequent upon any act or omission of the person, body, organization, administration, authority or government referred to in subsection (1), provided such act was performed or omission was made with the approval of or at the request of the Minister.
The Council of the South African Bureau of Standards established by section 4 of the Standards Act, 1962 (Act No. 33 of 1962), shall, notwithstanding the repeal by this Act of the Standards Act, 1982 (Act No. 30 of 1982), but subject to the conditions of this Act, continue to exist.
a chairman and six other members appointed by the Minister; and the president, who shall serve on the council by virtue of his office.
A member referred to in paragraph (a)(i) shall have particular knowledge or experience of matters which are relevant to the objects of the SABS.
A member referred to in subsection (1)(a)(i) shall hold office for the period determined by the Minister, but not exceeding three years, and shall be eligible for reappointment.
he is in terms of the provisions of the Electoral Act, 1979 (Act No.
he is in terms of the provisions of the Republic of South Africa Constitution Act, 1983 (Act No.
his term of office is terminated under subsection (4).
The Minister may at any time discharge a member referred to in subsection (1)(a)(i) from office if he is of the opinion that there are sound reasons for discharging such member from office.
If a member dies or by written notice, directed to the Minister, resigns or in terms of subsection (3) or (4) ceases to be a member, the Minister may, subject to the provisions of this section, appoint a person in his place for the unexpired portion of his term of office.
The president shall be the vice-chairman of the council, and shall during the absence or incapacity of the chairman act as chairman.
If the president is unable to act as chairman at a meeting of the council in terms of paragraph (a), the members present shall elect one of their number to act as chairman at that meeting.
The SABS may pay to a member referred to in subsection (1)(a)(i) who is not in the full-time employment of the State, such allowances as the Minister may determine with the concurrence of the Minister of State Expenditure.
the execution of the duties, of the SABS.
(a) The meetings of the council shall be held at such times and places as the council may determine.
The chairman, or in his absence or incapacity the president, may at any time convene a special meeting of the council, which shall be held at such time and place as the chairman or the president, as the case may be, may direct.
The quorum for a meeting of the council shall be a majority of its members.
The procedure at meetings of the council, including the keeping of minutes, shall be as prescribed.
A decision of the council shall be taken by resolution by the majority of the members present at any meeting of the council, and in the event of an equality of votes on any matter, the person presiding at the meeting concerned shall have a casting vote in addition to his deliberative vote.
establish one or more committees to perform, subject to the instructions of the council, such functions of the council as the council may determine, and at any time dissolve or reconstitute a committee referred to in paragraph (a).
appoint any person as a member of a committee referred to in subsection (1)(a); or at any time terminate the membership of a person referred to in paragraph (a).
If a committee referred to in subsection (1) consists of more than one member, the council shall designate a member of the committee as chairman thereof.
The SABS may pay to the members of a committee referred to in subsection (1) who are not in the full-time employment of the State, or are not members of the council or employees of the SABS, such remuneration and allowances as the Minister, with the concurrence of the Minister of State Expenditure, may determine.
The council shall appoint a chief executive officer for the SABS, who shall occupy the post of president of the SABS.
The president shall be responsible for the management of the affairs of the SABS and shall report to the council on such affairs as may be required by the council.
The president shall be appointed for a period not exceeding five years on the conditions, including conditions relating to the payment of remuneration, allowances and other benefits, as the council may determine in accordance with a system approved by the Minister, with the concurrence of the Minister of State Expenditure, as such system is amended from time to time.
The president may, at the expiration of his period of office, be reappointed.
Whenever for any reason the president is absent or unable to carry out his duties or whenever the office of president is vacant, the council may, on such conditions and subject to the payment of such remuneration and allowances as it may determine, in accordance with a system approved by the Minister, with the concurrence of the Minister of State Expenditure, as such system is amended from time to time, appoint another person to act as president until the president can resume his functions or until the vacancy is filled, and that other person shall, while so acting, have all the powers and perform all the duties of the president.
Any reference to the Director-General of the South African Bureau of Standards in any law, contract, register, record or other document shall, from the date of the commencement of this Act, be construed as a reference to the president.
(a) The council may, subject to paragraph (b) and on such conditions as it may determine, appoint the employees of the SABS whom it deems necessary to assist the SABS in the performance of its functions.
The SABS shall pay to its employees such remuneration, allowances, subsidies and other benefits as the council may determine, in accordance with a system approved by the Minister, with the concurrence of the Minister of State Expenditure, as such system is amended from time to time.
for any other purpose up to an amount of not more than the monthly salary due to that employee after deductions.
such an employee consents to such secondment; and such an employee's rights, privileges and benefits by virtue of his conditions of service as an employee of the SABS are not adversely affected by such secondment.
shall in each financial year, at a time determined by the Minister, submit a statement of the estimated income and expenditure of the SABS during the following financial year, and may at any time during a financial year submit supplementary statements of the estimated income and expenditure of the SABS for that financial year, to the Minister for his approval, granted with the concurrence of the Minister of State Expenditure.
any assets of the SABS.
The SABS shall not incur expenses which may result in the total amount approved under paragraph (a) being exceeded.
may carry forward any balance of such funds remaining at the end of the financial year concerned, to its next financial year for defraying any expenses in connection with the performance of its functions; and shall, notwithstanding the provisions of paragraphs (a) and (b), utilize any donations or contributions referred to in subsection (1)(c) in: accordance with the conditions, if any, imposed by the donor or contributor concerned.
The SABS may, notwithstanding the provisions of subsection (3)(b), invest any unexpended portion of its funds with a financial institution approved by the Minister with the concurrence of the Minister of Finance.
The SABS may establish such reserve funds and deposit therein such amounts as the Minister with the concurrence of the Minister of State Expenditure may approve: Provided that the particulars of the reserve funds shall be reflected in the annual report.
In addition to the other functions and duties entrusted to him by this Act, the president shall be the accounting officer charged with the responsibility of accounting for all money received, the utilization thereof and the use and care of the property of the SABS.
The accounting officer shall cause such records of account to be kept as are necessary to represent fairly the state of affairs and business of the SABS and to explain the transactions and financial position of the business of the SABS.
The Auditor-General shall audit the books of accounts, accounting statements and annual financial statements of the SABS.
furnish to the Minister such information as he may call for from time to time in connection with the activities and financial circumstances of the SABS; and as soon as practicable after the end of each financial year submit to the Minister an annual report on the affairs and functions of the SABS in respect of that financial year which shall, inter alia, include a statement of income and expenditure and a balance sheet certified by the Auditor-General and such further particulars as the Minister may require.
within 14 days after receipt thereof, if Parliament is in ordinary session; or if Parliament is not in ordinary session, within 14 days of the commencement of its next ensuing ordinary session.
30 days from the date of such notice, the whole or any part of the amount so determined.
If a person who is in the employment of the SABS and who has in terms of subsection (1) been ordered to pay an amount, fails to pay the amount within the period stipulated in the notice concerned, the amount shall, subject to the provisions of subsections (4) and (5), be recovered from his monthly salary: Provided that such deduction shall not in any month exceed a fourth of his monthly salary.
If a person who was in the employment of the SABS and who has in terms of subsection (1) been ordered to pay an amount, fails to pay the amount within the period stipulated in the notice concerned, the accounting officer may, subject to the provisions of paragraph (b) and subsections (4) and (5), recover the amount from the person concerned by legal process.
If any money is due by the SABS to a person referred to inparagraph (a), the amount referred to in that paragraph shall, subject to the provisions of subsections (4) and (5), be deducted from the amount thus due.
If a person who has in terms of subsection (1) been ordered to pay an amount, offers, within the period stipulated in the notice concerned, to pay the amount in instalments, the accounting officer may allow him to pay in such instalments and on such conditions as the accounting officer may consider reasonable.
within a period of 30 days from the date of such order appeal in writing against such order to the council, stating the grounds for his appeal, and the council may, after such investigation as it may deem necessary, dismiss the appeal, or order that the appellant be exempted, either wholly or partly, as the council may deem fair and reasonable, from the payment of such amount, or apply within a period of 30 days from the date of such order, or within such further period as the court may allow, to a competent court for an order setting aside such first-mentioned order or reducing such amount and the court may upon such an application, if it is not convinced by the accounting officer on the merits of the case that the order was rightly made or that the amount is correct, make an order setting aside such first-mentioned order or reducing that amount, as the case may be.
The council shall publish by notice in the Gazette the norm which the SABS uses to set or amend a standard.
the latest technological development is considered; and the interests of all parties concerned, including the manufacturer, supplier and consumer, are considered.
in any other standard set by the SABS; or in a document in the nature of a specification, code of practice or standard method issued by a foreign or international body having objects similar to any object of the SABS and which it deems fit to issue as a standard for the purposes of this Act.
The council may in any manner make known the setting and issue of a standard, and any amendment or withdrawal thereof.
If a standard or an amendment thereof is made known in terms of paragraph (a) by notice in the Gazette, it shall be sufficient if the notice concerned states the title and number of the standard; and contains a resume of the scope and purport of that standard or the amendment thereof.
Subject to the provisions of the Agricultural Product Standards Act, 1990 (Act No. 119 of 1990), or the Liquor Products Act, 1989 (Act No. 60 of 1989), no person shall issue a document which creates or may create the impression that it contains a standard as contemplated in this Act, unless it is issued in terms of this Act.
If the Agricultural Product Standards Act, 1990, or the Liquor Products Act, 1989, applies to a commodity, a standard in respect of such commodity shall only be set or amended in accordance with the terms and conditions of an agreement entered into by the council and the Director-General: Agriculture.
The control over the use or application of codes of practice or any category of codes of practice which have been set and issued as a standard shall be as prescribed.
in respect of services rendered in connection with the control over the use or application of codes of practice or any category of codes of practice which have been set and issued as a standard; and in regard to the participation in any scheme operated by the SABS.
At the commencement of this Act a specification referred to in section 13, a code of practice referred to in section 18, a standard method referred to in section 19 or a document referred to in section 19(4) of the Standards Act, 1982 (Act No. 30 of 1982), which is in force in terms of the provisions of that Act, shall be deemed to be a standard which has been set and issued in terms of the provisions of this Act.
If a provision referred to in subsection (3)(b) is amended any reference to that provision shall be construed as a reference to the provision as amended.
withdraw a set standard.
the copyright in a standard or a publication issued by the council shall vest in the SABS; and the SABS shall not be deprived of the copyright referred to in paragraph (a) if a standard, or a provision of such standard, or any publication issued by the SABS, is incorporated in a law in terms of section 31(1)(a) or the provisions of any other law.
No person shall, without the authorization of the SABS, in any manner or in any form publish, reproduce or record any document or part thereof in respect of which the copyright vests in the SABS in terms of subsection (1): Provided that any person may at any time make a copy of such document or part thereof for his own use.
marks of authenticity; and distinctive marks.
A mark shall not be established as a mark in terms of subsection if such mark is registered as a trade mark in terms of the provisions of any law with regard to the registration of trade marks or so closely resembles such a mark as to be likely to be mistaken for it.
A mark which has been established as a mark in terms of subsection or so closely resembles such a mark as to be likely to be mistaken for it, shall not be registered as a trade mark under any law with regard to the registration of trade marks.
A mark which has been established in terms of subsection (1) shall be deemed to be a mark the use of which is absolutely prohibited in terms of section 15(1) of the Merchandise Marks Act, 1941 (Act No. 17 of 1941), except by the SABS or its mandatories.
At the commencement of this Act a standardization mark referred to in section 14(1) of the Standards Act, 1982 (Act No. 30 of 1982), which is in force in terms of the provisions of that Act, shall be deemed to be a certification mark.
(a) The council may, subject to the provisions of section 20(1), by notice in the Gazette determine that a certification mark may be applied to a commodity falling within the scope of a specific specification which has been set and issued as a standard.
The notice referred to in paragraph (a) shall contain a resume of the scope and purport of the specification concerned.
Upon the publication in the Gazette of a notice referred to in subsection (1)(a), the specification concerned shall become a mark specification.
If a specification which has been set and issued as a standard, is amended in terms of section 16(3)(a)(ii), the specification concerned as amended shall, for the purposes of subsection (1)(a), be deemed to be the mark specification.
At the commencement of this Act a standard specification referred to in section 15(1) of the Standards Act, 1982 (Act No. 30 of 1982), which is in force in terms of the provisions of that Act, shall be deemed to be a mark specification.
(a) A certification mark shall only be applied or used in a manner authorized by this Act.
No person shall apply a certification mark to a commodity except under a mark permit issued in terms of section 25 and unless that commodity complies with or has been manufactured in accordance with the relevant mark specification.
placed or enclosed the commodity concerned in any container or covering to which that certification mark has been applied or to which is attached any label to which the said certification mark has been applied; or in connection with the sale of the commodity concerned, directly or indirectly referred to that certification mark in a manner or under circumstances likely to convey the impression that the said commodity complies with or has been manufactured in accordance with the relevant mark specification.
lf a certification mark is altered in terms of section 18(1), the SABS may authorize the continued use of that certification mark as it existed prior to the alteration thereof on such conditions, including conditions regarding the withdrawal of the authorization, as it may deem expedient in the particular instance.
A certification mark referred to in paragraph (a) shall, during the period of the continued use thereof, be deemed to be a certification mark which has not been so altered by the Minister.
subject to the conditions it deems necessary, grant permission to a person entitled under a mark permit to apply a certification mark to a commodity, to apply to the commodity concerned a code mark approved I by the SABS in lieu of that certification mark; and for the purpose of the application of a code mark referred to in subparagraph (i), suspend or amend any condition to which the issue of the said mark permit is subject.
The code mark referred to in paragraph (a)(i) shall be deemed to be a certification mark.
No person shall in connection with the sale of a commodity refer directly or indirectly to the SABS or the council in a manner or under circumstances likely to create the impression that such commodity has been approved by the SABS or the council, unless such commodity complies with or has been manufactured in accordance with a mark specification and such person has under a mark permit applied the relevant certification mark to such commodity.
such claim or declaration is true and accurate in all material respects; and the identity of that person or of the person on whose authority such claim or declaration is made, is clear.
The SABS may in connection with any claim or declaration referred to in subsection (2) evaluate, examine, test or analyse any article to confirm the truthfulness or accuracy of such claim or declaration and, in the event of its proving false or inaccurate, the person by whom the claim or declaration was made, shall be liable for the payment of the full cost incurred by the SABS in regard to such evaluation, examination test or analysis?
The provisions of subsection (3) shall not be construed aspreventing any person from evaluating, examining, testing or analysing any article in order to determine whether any claim or declaration referred to in subsection (2) is true and accurate.
any person required to make a statement in a contract, tender, quotation or other similar document as to the question whether any commodity offered or supplied by him complies with or has been manufactured in accordance with a particular mark specification, may make such a statement, but only if such statement is correct and he confirms that statement in an affidavit or affirmation; and any person may advertise or otherwise make known the fact that he has used a commodity to which a certification mark has been applied in an installation or in a process of manufacture, provided that he mentions or displays the trade name or trade mark of that commodity at the same time in the advertisement or notification concerned.
withdraw a compulsory specification.
The notice referred to in subsections (1)(a)(i) and (ii) shall contain full particulars of such specification, provision or amendment.
A declaration referred to in subsection (1)(a)(i) or anamendment referred to in subsection (1)(a)(ii) shall come into operation on a date fixed in the notice, which date shall be not less than two months after the date of the publication of such notice.
Different dates may be fixed in terms of paragraph (a) on which different provisions of a compulsory specification shall come into operation.
The Minister may alter a date referred to in paragraph (a) or (b) by notice in the Gazette.
in which full particulars are set out of the specification or the provision of the specification he intends to declare to be a compulsory specification, or of the amendment of a compulsory specification; and in which all interested persons are invited to lodge objections to the proposed notice he intends to publish, or any part thereof, in writing at a stated address and before a stated date, which shall be not less than two months after the date of the publication of such preliminary notice.
The Minister shall consult with the Minister to whom the administration of any other law has been assigned if that law, or the regulations promulgated thereunder, lays down or may lay down requirements in respect of a commodity or the manufacture thereof which is the subject of a preliminary notice referred to in subsection (3)(a).
The Minister shall not publish a notice referred to in subsection (1)(a)(i) or (ii) if in his opinion such a notice differs materially from the preliminary notice concerned.
amend a requirement referred to in paragraph (b); and withdraw a notice referred to in paragraph (a), (b) or (c).
At the commencement of this Act a compulsory specification referred to in section 16(1)(a) of the Standards Act, 1982 (Act No. 30 of 1982), which is in force in terms of the provisions of that Act, shall be deemed to be a compulsory specification for the purposes of this Act.
The Minister may, in order to give effect to the provisions of subsections (1)(a) and (6), publish only one notice in the Gazette.
22(6)(a) has been applied to the commodity concerned in the prescribed manner as set out in the notice concerned, and such commodity has been marked in accordance with the requirements referred to in section 22(6)(b).
The provisions of section 20(2) shall mutatis mutandis apply to the application of a distinctive mark to a commodity.
The SABS may issue a sales permit exempting the person to whom it has been issued from the provisions of paragraph (a).
The prescribed records shall be kept by the seller, manufacturer or importer in respect of sales, or quantities manufactured or imported, of a commodity to which a compulsory specification applies.
The prescribed fees shall be payable to the SABS by a manufacturer or importer of a commodity to which a compulsory specification applies.
A commodity to which a compulsory specification applies and which is manufactured outside the Republic shall be deemed to comply with the provisions of subsection (1)(a) if that commodity has been certified by a person or organization recognized by the Minister by notice in the Gazette: Provided that if the Minister so directs, such a commodity shall be tested or examined and if it is found that that commodity does not comply with the provisions of subsection (1)(a)(i), it may be dealt with in terms of section 24(3).
If the president upon reasonable grounds suspects that a commodity, excluding a commodity referred to in section 23(4), or a consignment or batch thereof does not comply with or has not beenmanufactured in accordance with the compulsory specification that applies to it, he may direct a person in whose possession or under whose control that commodity, consignment or batch is, to keep it in his possession or under his control, at or upon premises mentioned in the directive, until the said directive is withdrawn by the president in writing.
If a certificate referred to in section 4(2) has not been issued in respect of a consignment of a commodity to which a compulsory specification applies and which has been imported into the Republic, the Commissioner of Customs and Excise may, subject to the provisions of paragraph (b), cause that consignment to be secured at the request of the president until the president withdraws his request.
For the purposes of paragraph (a) the provisions of the Customs and Excise Act, 1964 (Act No. 91 of 1964), with regard to the securing of goods, shall mutates mutandis apply.
the consignment or batch concerned of the said commodity be confiscated and destroyed; or the consignment or batch concerned of the said commodity be dealt with in such other manner as may be stated in the directive.
An application for a mark permit or a sales permit shall be made to the SABS and shall be accompanied by the fees determined by the SABS.
withdraw or, subject to such conditions as it may deem necessary, suspend a permit referred to in paragraph (a), or terminate the suspension of such permit.
The holder of a permit which has been withdrawn in terms of subsection (2)(b), or which has expired due to effluxion of time or any other cause, shall, at the written request of the SABS, forthwith return that permit to the SABS.
(a) Any person who feels himself aggrieved by a decision of the SABS to refuse to issue to him a permit mentioned in section 25(2)(a), or to withdraw or suspend any of those permits issued to him, may appeal to the Minister in the prescribed manner and within the prescribed period.
The Minister shall in the case of an appeal in terms of paragraph (a), confirm, amend or set aside the decision of the SABS.
A decision of the SABS in terms of section 25(2)(b) to withdraw or suspend a permit, shall not be suspended and shall not lapse by reason of an appeal in terms of subsection (1) by such person against that decision.
The application by a person authorized thereto by regulation of a mark of proof or mark of authenticity to an article in accordance with its characteristics, including its nature, quality, strength, purity, composition, quantity, dimensions, mass, grade, durability, origin or age, whichever may be applicable, or the material or substance from or with which or the manner in which it has been manufactured, shall be asprescribed.
No person shall sell or otherwise alienate any article on which a mark of proof or a mark of authenticity may be applied in terms ofsubsection (1), unless that mark has been applied to the article by the SABS or a person authorized thereto in writing by the SABS.
The SABS may levy fees for the application to an article of a mark of proof or a mark of authenticity by or on behalf of the SABS.
appoint a suitably qualified employee as an inspector; or appoint a person, institution or organization as an auditor for the purposes of this Act.
The council may withdraw an appointment referred to in paragraph (a).
An inspector or auditor shall be furnished with a certificate stating that he has been appointed in general or for a specific purpose as an inspector or auditor, as the case may be, for the purposes of this Act.
The certificate referred to in paragraph (c) shall be signed by the president.
The council may pay to an auditor the compensation agreed upon by the council and the auditor concerned.
with regard to any matter which he is investigating, question any person whom he finds in or upon the premises referred to in paragraph (a) or whom he on reasonable grounds suspects to be or to have been employed in or upon such premises or to have possession or custody of or control over anything referred to in this subsection; and order a person referred to in paragraph (d) or (f) to appear before him at a time and place fixed by him, and at that time and place question that person with regard to any matter which is being investigated by him.
An inspector or auditor entering any premises referred to in subsection (2)(a) may take an interpreter with him.
Any person who is in charge of premises referred to in subsection shall at all reasonable times furnish such assistance as an inspector or auditor may require in the exercise of his powers under that subsection.
An inspector or auditor exercising a power assigned to him by subsection (2) shall on demand of any person affected by the exercise of that power, produce the certificate referred to in subsection (1)(c) to that person.
An auditor may check any relevant document of a manufacturer or importer of a commodity in respect of which a compulsory specification is in force to determine whether that manufacturer or importer has paid the prescribed fees referred to in section 23(3).
manufactures or sells any article in respect of which a mark of proof or mark of authenticity is in force; or performs an act or carries out a process in which a commodity referred to in paragraph (a), (b) or (c) is involved, shall at the written request of the SABS, within a period stated in the request, at his own cost transmit to the SABS such samples as may be specified in the request, of the article concerned for examination, testing or analysis; or furnish to the SABS such information as may be so specified with regard to the article concerned or its manufacture.
The SABS may examine, test or analyse a sample obtained in terms of this Act in order to determine whether the article, component, material or substance concerned complies with, or has the characteristics or has been manufactured in accordance with, the requirements of any provision applicable in terms of this Act.
If any sample obtained in terms of this Act is damaged or destroyed during the process of examining, testing or analysing such sample, the SABS shall not be liable for the damage to or destruction of that sample.
The result of any examination, test or analysis of any sample of a commodity to which a compulsory specification is in force, shall, until the contrary is proved, for all purposes be deemed to be valid for the whole consignment or batch from which the sample was obtained.
no person shall sell any commodity under a mark which contains the word "standard" or under a description in which the said word is used in a manner likely to create the impression that that commodity complies with or has been manufactured in accordance with a mark specification unless a certification mark has been applied to such a commodity in accordance with section 20(1).
The Minister may at any time withdraw the consent given by him in terms of paragraph (a) if he deems it necessary to avoid confusion or abuse.
Any person who immediately prior to the commencement of the Standards Act, 1982 (Act No. 30 of 1982), lawfully conducted his affairs or business, carried on his occupation or trade, or was registered orlicensed under any law, under a name containing the word "standard", may notwithstanding the provisions of subsection (1) (a) (i) continue to conduct his affairs or that business or carry on that occupation or trade, or remain so registered or licensed, under that name.
Any trade mark registered at the commencement of the Standards Act, 1982, and the sale of any commodity under such a trade mark, shall not be affected by the provisions of subsection (1)(a)(ii).
(a) If a standard has been published in the Gazette, such standard or a provision of such standard may be incorporated in any law by a mere reference to the title and number thereof.
If a standard or a provision of such standard has been incorporated in any law in terms of paragraph (a) and that standard or provision is amended in terms of section 16(3)(a)(ii), the amended standard or provision shall be deemed to be so incorporated.
the standard concerned and every amendment thereof; and every standard or document referred to in section 16(3)(b) the whole or a part of which appears in a standard referred to in paragraph (a), and every amendment thereof.
Criminal prosecution may only be instituted against a person on a charge of having contravened or failed to comply with a provision so incorporated if the State department, local authority or other institution or body referred to in subsection (2) has in every case furnished to the attorney-general or public prosecutor concerned a copy issued by the SABS, of each relevant standard or document which he shall in terms of the said subsection keep available for free inspection.
The standard or document referred to in paragraph (a) shall on the mere production thereof be prima facie proof of the contents of the standard concerned or an amendment thereof.
At the commencement of this Act a provision incorporated in terms of 1 section 33(1) of the Standards Act, 1982 (Act No. 30 of 1982), and the incorporation of which is still in force, shall be deemed to be incorporated in terms of subsection (1)(a).
to any competent authority which requires it for the institution, or an investigation with a view to the institution, of any criminal prosecution; or by or on the authority of the Minister, the chairman or the president.
Notwithstanding the provisions of subsection (1), the disclosure of any information in connection with an invention shall not prejudice the rights of the SABS or any other person to obtain a patent in respect of such an invention.
by a person assisting the SABS with any investigation or research, the rights in respect of that invention shall vest in the SABS unless the SABS and the employee or person concerned have entered into a written agreement that the rights to the invention vest in the employee or person concerned or in that employee or person and the SABS jointly.
In the absence of an agreement referred to in paragraph (a), the SABS shall be deemed to be the sole inventor.
If the rights in respect of an invention vest solely in the SABS, the SABS may make such invention available for use in the public interest subject to such conditions as the council may determine.
money or royalties or, with the approval of the Minister granted with the concurrence of the Minister of State Expenditure, provide for financial participation by such employee or person in the profit obtained as a result of the use of an invention referred to in subsection (1)(a).
The SABS may apply for a patent in respect of an invention referred to in subsection (1) if an agreement in terms of that subsection has not been entered into, and shall for the purpose of the Patents Act, 1978 (Act No. 57 of 1978), be regarded as the cessionary of the invention concerned.
refuses or fails to comply to the best of his ability with any lawful requirement, demand or order of an inspector or auditor; or hinders or obstructs an inspector or auditor in the exercise of his powers, shall be guilty of an offence.
in the case of a second or subsequent conviction of an offence mentioned in paragraph (c), whether it be the same or some other offence mentioned in that paragraph, be liable to a fine, or to imprisonment for a period not exceeding two years; and in the case of an offence referred to in subsection (1)(a) read with any other provision of this Act which is not mentioned in paragraphs (a), (b), (c) or (d), be liable to a fine, or to imprisonment for a period not exceeding one year.
and subject to the provisions of subsection (4), order that a commodity, a consignment or batch of a commodity, any other article, or any material or substance in respect of which that offence was committed, be forfeited; and summarily enquire into and assess the monetary value of any advantage gained or likely to be gained by such person in consequence of that offence and impose on that person a fine to a maximum equal to the amount so assessed and, in default of payment, imprisonment for a period not exceeding one year.
The Minister shall, subject to the provisions of paragraph (b), generally or in a particular case determine the manner in which the forfeited goods referred to in subsection (3)(a) shall be dealt with.
Section 35(4) of the Criminal Procedure Act, 1977 (Act No.
Notwithstanding anything to the contrary in any other lawcontained, a magistrate's court shall be competent to impose any penalty provided for in this Act.
took all reasonable precautions against committing the offence con- cerned; and at the request of the SABS, an inspector or an auditor furnished all information relating to the facts and attendant circumstances in connection with any act or omission constituting the alleged offence and which he should reasonably have at his disposal.
the fact that the use of an article is dangerous to the consumer; or the name of a person who in his opinion does not comply with or does not comply fully with a provision of this Act or any aspect regulated by this Act.
The disclosure referred to in subsection (1) may include the trade name and trade mark of a commodity.
If it is necessary for the purposes of this Act to determine the importer of an article, it shall be presumed, unless the contrary is proved, that the person who is indicated on the documents concerning the import transaction as the importer, is or was the importer of that article.
The Minister may, after consultation with the council, make regulations, not inconsistent with the provisions of this Act, regarding any matter which in terms of this Act is required or permitted to be prescribed and, generally, regarding any matter in respect of which he deems it necessary or expedient to make regulations in order to achieve the objects of this Act.
The power to make regulations in terms of subsection (1) shall include the power conditionally or unconditionally to restrict or prohibit any matter referred to in that subsection and to grant exemptions from, or to allow deviations with regard to, the payment of the prescribed fees.
Different regulations which differ in the respects deemed expedient by the Minister, may, subject to the provisions of this Act, be made under subsection (1) in respect of different areas in the Republic or different commodities.
A regulation made under subsection (1) may in respect of any contravention thereof or failure to comply therewith, prescribe a penalty which, in the case of a first conviction, shall not exceed a fine of R 4000 or imprisonment for a period of one year or both that fine and that imprisonment, and, in the case of a second or subsequent conviction, a fine of R8 000 or imprisonment for a period of two years or troth that fine and that imprisonment.
The SABS may levy interest in respect of money payable to it but which has not yet been paid, from a date on which such money became payable, except in respect of money payable by the State.
The rate at which interest referred to in subsection (1) shall be calculated, shall be the rate which is determined from time to time in terms of section 26(1) of the Exchequer Act, 1975 (Act No. 66 of 1975), and which is applicable on the date on which the money referred to insubsection (1) is paid.
in writing delegate to the chairman, the president or a committee referred to in section 9(1) (a) any power conferred upon the council by or under this Act or any other law; or in writing authorize the chairman, the president or a committee referred to in section 9(1)(a) to perform any duty assigned to the council by or under this Act or any other law.
delegated or assigned to the president under subsection (1), unless the council has in the delegation or assignment concerned determined otherwise; or conferred or imposed on the president by this Act or any other law.
The council or the president, as the case may be, shall not be divested of any power delegated under subsection (1) or (2), as the case may be, by it or him, and may amend or withdraw any decision made in the exercise of such delegated power.
The fact that anything has been done under this Act by the Minister, the SABS, the council, a member of the council, a committee referred to in section 9(1) (a) or a member of such committee, the president or an employee of the SABS in connection with any article, material, substance, act or matter, shall not be interpreted as anassurance or a guarantee of any nature in respect of that article, material, substance, act or matter.
The State, the Minister, the SABS, the council, a member of the council, a committee referred to in section 9(1)(a) or a member of such committee, the president or an employee of the SABS shall not be liable in respect of anything done under this Act in good faith and withoutnegligence.
Subject to the provisions of subsection (2), the Standards Act, 1982 (Act No. 30 of 1982), and the Standards Amendment Act, 1984 (Act No. 50 of 1984), are hereby repealed.
Any proclamation, regulation, notice, order, prohibition, authorization, appointment, permission, information or document made, issued, imposed, granted or given and any other action taken under any provision of a law repealed under subsection (1), shall be deemed, if applicable, to have been made, issued, imposed, granted, given or taken under the corresponding provision of this Act.
This Act shall be called the Standards Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14662En.2012-02-10.en.txt</fn>
Words in bold type indicate omissions from existing enactments.
Words in italics indicate insertions in existing enactments.
To amend the Usury Act, 1968, so as to amend certain definitions; to further regulate the levying of finance charges; to abolish certain exemptions regarding disclosure of finance charges in respect of certain money lending transactions and debentures; to further regulate thefurnishing of certain information to borrowers, credit receivers and lessees; and to provide for the appointment of inspectors; and to provide for matters connected therewith.
Amendment of section 1 of Act 73 of 1968, as amended by section 1 of Act 76 of 1970, section 1 of Act 62 of 1974, section 1 of Act 90 of 1980, section 1 of Act 42 of 1986, section 1 of Act 62 of 1987, section 1 of Act 100 of 1988 and section 1 of Act 67 of 1990 1.
I of the Financial Services Board Act, 1990, or, as the Minister may deem fit, a person appointed by him as registrar subject to the provisions of the Public Service Act, 1984 (Act No.
an officer as defined in section 1 of the Public Service Act, 1984 (Act No.
Amendment of section 2 of Act 73 of 1968, as substituted by section 2 of Act 90 of 1980 and amended by section 2 of Act 42 of 1986, section 2 of Act 62 of 1987 and section 2 of Act 100 of 1988 2.
"(12) If any borrower or credit receiver or lessee is required by a moneylender or credit grantor or lessor to pay any portion of the principal debt on the date of the transaction concerned or in respect of such transaction finance charges for more than three months in advance such moneylender or credit grantor or lessor shall reduce the principal debt in question by the amount of such portion or the amount exceeding the amount of finance charges for three months, and he shall not be entitled to stipulate for, demand or receive any finance charges in respect of the amount so exceeding.".
Section 3 of the principal Act is hereby amended by the deletion of paragraphs (e) and (f) of subsection (3).
Amendment of section 10 of Act 73 of 1968, as substituted by section 13 of Act 90 of 1980 and amended by section 7 of Act 100 of 1988, section 5 of Act 91 of 1989 and section 5 of Act 67 of 1990 5.
"Provided that the provisions of this subsection shall not apply in respect of any bill of exchange, debit balance or money loan or debenture referred to in section 3(3) or any debenture transaction referred to in subsection 5(a)."; and by the deletion of paragraph (c) of subsection (S).
Amendment of section 13 of Act 73 of 1968, as amended by section 17 of Act 90 of 1980 and section 8 of Act 42 of 1986 6.
(1) (a) An inspector appointed under section 2 of the Inspection of Financial Institutions Act, 1984 (Act No. 38 of 1984), may at any time at the direction of the Registrar inspect the affairs of a moneylender or a credit grantor or a lessor for the purposes of this Act If the Registrar deems it necessary for the achievement of the objects of this Act, he may inspect or cause to be inspected the activities or any part of the activities of a moneylender, credit grantor or lessor.
The Registrar may for the purposes of this section from time to time appoint officers as defined in section 1 of the Public Service Act, 1984 (Act No. 111 of 1984), as inspectors to carry out an inspection contemplated in paragraph (a) or to assist him with such an inspection.
"(2) The provisions of the Inspection of Financial Institutions Act, 1984, shall apply mutatis mutandis in respect of an inspection carried out in terms of subsection (1) When the Registrar considers it necessary, he may appoint a person who is not in the full-time employment of the State as a temporary inspector for a particular inspection, or to assist an inspector contemplated in subsection (1)with a particular inspection."
"(3) A person appointed in terms of subsection (2) shall, for the purpose of the inspection in question, have the same powers and duties as the inspector contemplated in subsection (1)."
(4) The Registrar shall issue to every person appointed under subsection (1) or (2) a certificate to the effect that he has been so appointed, and, in the case of a person appointed for, or to assist with, a particular inspection, that he has been appointed for such an inspection, and in the exercise of his powers and the performance of his duties that person shall on demand produce such certificate.
furnish such information to him in respect of a commodity found on the premises as he may require.
refuses or fails to furnish the Registrar or an inspector with any explanation or information or furnishes an explanation or information knowing it to be false or misleading; or falsely represents himself to be an inspector, shall be guilty of an offence.
This Act shall be called the Usury Amendment Act, 1993.
<fn>GOV-ZA.14665En.2012-02-10.en.txt</fn>
To amend the Harmful Business Practices Act, 1988, so as to insert certain definitions; to further regulate the constitution of the Business Practices Committee; to provide for the appointment of liaison committees; to further regulate the power of the committee to make known information on current policy in relation to business practices; to further regulate a period within which a certain return shall be furnished; to make further provision regarding investigations by the committee; to provide for the attachment of certain property; to further regulate certain negotiations by the committee; to provide for the appointment of curators in certain cases; to repeal the power of the Minister to request the Price Controller to fix a maximum price; and to grant a right of appeal in certain cases; and to provide for matters connected therewith.
(English text signed by the State President.) (Assented to 11 March 1993.
Amendment of section 1 of Act 71 of 1988 1.
"'chairman' means the chairman referred to in section 2(2);".
Amendment of section 2 of Act 71 of 1988, as amended by section 1 of Act 64 of 1991 2.
(2) (a) The committee shall consist of not fewer than four and not more than seven members appointed by the Minister on the grounds of having special knowledge of consumer affairs or knowledge of or experience in economics, industry, commerce, law or the conduct of public affairs, of whom the Minister shall designate one as chairman and one as vice-chairman.
The Minister shall determine whether a member of the committee shall be a full-time or a part-time member.
"(3) When for any reason the chairman is not able to perform his functions or is not available, or when there is a vacancy in the office of the chairman, a member of the committee designated by the Minister the vice-chairman shall act as chairman.".
Insertion of section 3A in Act 71 of 1988 3.
3A. (1) (a) The chairman may appoint one or more liaison committees, which shall advise the committee on such matters as the chairman may determine and refer to a liaison committee for advice.
A liaison committee shall consist of the number of members determined by the chairman.
may be reappointed at the expiry of his period of office by effluxion of time.
The chairman and vice-chairman of a liaison committee shall be designated by the chairman.
The vice-chairman of a liaison committee shall act as chairman when the chairman of the liaison committee is not able to perform his functions or when he is not available, or when there is a vacancy in the office of the chairman of the liaison committee concerned.
The meetings of a liaison committee shall be held at such times and places as the chairman of the liaison committee concerned may determine.
The person presiding at a meeting of the liaison committee concerned shall determine the procedure at the meeting.
The decision of a majority of the members of a liaison committee present at a meeting thereof shall constitute the decision of that liaison committee.
Amendment of section 4 of Act 71 of 1988, as substituted by section 2 of Act 64 of 1991 4.
"(a) shall from time to time make known information on current policy in relation to business practices in general and harmful business practices in particular, to serve as general guidelines for persons affected thereby;".
Amendment of section 6 of Act 71 of 1988 5.
"(2) No person shall in a notice under subsection (1) be directed to furnish the committee with a return specified in that notice within a period of less than 14 seven days after the date of the notice.".
Amendment of section 8 of Act 71 of 1988, as amended by section 1 of Act 43 of 1990 6.
(2) An investigation in terms of subsection (1) or section 4(1)(c) shall not be made or proceeded with by the committee on its own initiative, if in the opinion of the Minister such an investigation is not in the public interest.
Where If any action is prescribed by the Minister under subsection (5) of this section, the committee shall within three Six months from the date of the notice contemplated in subsection (4) of this section report to the Minister in terms of section 10(1) on the result of the investigation, or on any arrangement which may have been made under section 9.
prohibit a person mentioned in the notice from withdrawing or otherwise dealing with any money or movable or immovable property mentioned in the notice.
If the Minister has issued a written notice under paragraph (a)(ii), a copy of such notice shall as soon as practicable be published in the Gazette.
If the Minister attached any immovable property under paragraph (a)(ii), he shall as soon as practicable notify the registrar of deeds of such attachment.
"(6) A notice under subsection (5) may, on the recommendation of the committee, be amended or withdrawn by the Minister at any time and shall not be subject to review by or appeal to any court of law.".
Amendment of section 9 of Act 71 of 1988 7.
"(1) When the committee has decided to undertake a preliminary investigation in terms of section 4(1)(c), or has issued a notice in terms of section 8(4) in relation to an investigation in terms of section 8(1)(a), it may at any time thereafter negotiate with any person or body, corporate or unincorporate, with a view to making an arrangement which in the opinion of the committee will ensure the discontinuance of a harmful business practice which exists or may come into existence and which is the subject of the investigation, either wholly or to such extent as, in the opinion of the committee, it is not justified in the public interest.".
Amendment of section 12 of Act 71 of 1988, as amended by section 3 of Act 43 of 1990 8.
"(d) if money was accepted from consumers and he deems it necessary to limit or prevent financial losses by those consumers, appoint a curator, with the concurrence of the special court, in order to realize the assets of the person involved in a harmful business practice and to distribute them between the consumers concerned and to take control of and manage the whole or any part of the business of such a person."
such other directions concerning the performance by such curator of his duties and functions, or the management of the affairs of the person concerned, or any other matter incidental thereto, as the Minister may deem necessary.
The Minister may appoint a person who is not employed by the curator, as joint curator.
The curator, or the joint curator who is not in the employ of the State, shall out of the funds of the person involved in the harmful business practice in respect of the services rendered by them, be paid such remuneration as the Master of the division of the Supreme Court of South Africa concerned may in consultation with the curator or the joint curator, as the case may be, determine: Provided that if the funds of the person involved in the harmful business practice appear to be insufficient to adequately compensate the curator or the joint curator, as the case may be, the curator or the joint curator shall in respect of the services rendered by them be paid such remuneration and allowances as the Minister with the concurrence of the Minister of State Expenditure may determine.
The Minister shall as soon as practicable announce the appointment of a curator and the powers granted to him on his appointment, and any amendment or withdrawal of such powers, by notice in the Gazette.
to make and carry out, in the course of his management of the affairs of the person involved in the harmful business practice, any decision which in terms of the provisions of the Companies Act, 1973 (Act No.
any asset for the disposal of which approval in terms of section 228 of the Companies Act, 1973, is necessary.
The Minister may, at any time and in any manner, amend or withdraw any power granted or duty imposed in the letter of appointment or under paragraph (e).
the management of the business or affairs of the person involved in the harmful business practice shall vest in the curator, subject to the supervision of the Master, and any other person vested with the management of the affairs of that person shall be divested thereof; and the curator shall recover and take possession of all the assets of the person involved in the harmful business practice.
all actions and legal proceedings and the execution of all writs, summonses and other legal process against that person shall, subject to the provisions of paragraph (e) (iii), be stayed and not be instituted or proceeded with, without the leave of the court; and the operation of set-off in respect of any amount owing by a creditor to the person shall be suspended.
A curator shall act in the best interests of the clients, debtors and creditors of the person placed under curatorship.
When a notice whereby a curator is appointed is published under section 12(1)(d), all proceedings in connection with the winding-up of a company or close corporation which may be pending in a court of law and in respect of which a liquidator has been appointed, shall be suspended until the appointment of a curator, and any attachment or execution put in force against the estate or assets of that company or close corporation shall be void.
No steps in terms of section 311 of the Companies Act, 1973, or in terms of section 72 of the Close Corporations Act, 1984 (Act No. 69 of 1984), for the conclusion of a compromise, arrangement or composition between a company or close corporation in respect of which a curator has been appointed in terms of this subsection and its creditors shall be taken and any such steps already commenced with shall not be proceeded with, and the costs in connection with such proceedings or steps already commenced with shall, unless the court concerned orders otherwise, be deemed to be part of the costs of the winding-up of that company or close corporation.
The curator shall report to the chairman on his administration of the affairs of the person involved in the harmful business practice, and shall at the request of the chairman provide any other information set out in that request.
The curator shall keep proper record of the steps taken by him in the performance of his functions and of the reasons why such steps were taken.
Amendment of section 13 of Act 71 of 1988 9.
"(1) There shall be a right of appeal by any person affected by a notice under section 8(5), or 12(1)(b), or (c) or (d), to a special court."
(13) (a) The decision of a special court shall not be subject to review by or appeal to any court of law appeal.
The provisions of section 86A of the Income Tax Act 1962 (Act No. 58 of 1962), shall apply mutatis mutandis to an appeal from the special court, and a reference in the Afrikaans text of that section to the 'Voorsitter van die spesiale hof' shall be construed as a reference to the 'president van die spesiale hof' and a reference in that section to the 'Commissioner' as a reference to the 'Minister' or the 'curator' concerned, as the case may be.
This Act shall be called the Harmful Business Practices Amendment Act, 1993.
<fn>GOV-ZA.14666En.2012-02-10.en.txt</fn>
To amend the Professional Land Surveyors' and Technical Surveyors' Act, 1984, so as to substitute the expression "professional surveyor" for the expression "professional land surveyor"; to delete, define or further define certain expressions; to further regulate the constitution of the South African Council for Professional and Technical Surveyors; to make further provision concerning the qualifications of the members of the said council; to delete the provisions in terms of which the Minister may prescribe a tariff of fees for certain work; to extend the powers of committees of the council; to make further provision concerning the registration of professional surveyors, professional surveyors in training and technical surveyors; to make other provision concerning the prohibition on the practicing of certain professions or callings by unregistered persons; to provide for the practicing of the profession of professional surveyor or the calling of surveyor by a company or close corporation; to make further provision concerning improper conduct; to increase certain punishments in respect of improper conduct; to provide that the council may appoint a person to advise it at an inquiry concerning the imposition of punishment; to make other provision concerning the readmission of persons for registration; and to extend the powers of the council to make rules; and to provide for matters connected therewith.
(Afrikaans text signed by the State President.
Amendment of section 1 of Act 40 of 1984, as amended by section 1 of Act 37 of 1986 and section 1 of Act 66 of 1987 1.
Director of Surveys and Mapping Surveyor-General appointed in terms of section 1 of the Land Survey Act, 1927 (Act No.
"'professional land surveyor in training' means a person registered as such in terms of section 21;".
Substitution of section 2 of Act 40 of 1984 2.
There is hereby established a juristic person to be known as the South African Council for Professional Land Surveyors and Technical Surveyors.
Amendment of section 3 of Act 40 of 1984, as amended by section 2 of Act 37 of 1986 3.
one person appointed by reason of his knowledge and experience concerning public affairs and the practice of surveying.
Amendment of section 4 of Act 40 of 1984 4.
in terms of section 3(2) (j), or as an alternate to any such member in terms of section 3(4), unless he is a professional land surveyor or, in the case of a person nominated by the body mentioned in section 3(2)(i), a professional land surveyor or a technical surveyor.
Amendment of section 7 of Act 40 of 1984, as amended by section 2 of Act 66 of 1987 5.
under subsection (1)(j), and with the concurrence of the Competition Board established by section 3 of the Maintenance and Promotion of Competition Act, 1979 (Act No.
under subsection (1)(k), prescribe the tariff of fees to which a professional land surveyor or technical surveyor, as the case may be, shall be entitled for services rendered by him in that capacity, in the absence of an agreement between such professional land surveyor or technical surveyor and a particular client in terms of which he shall be entitled in respect of such services to fees according to any other tariff.
professional land surveyors, professional surveyors and surveyors who are practicing in the form of professional companies or close corporations, and such register shall at all reasonable times be open for inspection by any person upon payment of such fees as the council may determine.
Amendment of section 10 of Act 40 of 1984 6.
(2) The council may assign to a committee so established such of its powers as it may deem fit, including the power to inquire into any case of alleged improper conduct, to impose a punishment in respect thereof and to make an order regarding the costs of the inquiry in accordance with the provisions of section 29, but shall not be divested of any power which it may have so assigned to such a committee, and may review, amend or withdraw any decision of any such committee Provided that, if the council has assigned to a committee the power to inquire into any case of alleged improper conduct, to impose a punishment in respect thereof and to make an order regarding the costs of the inquiry in accordance with the provisions of section 29, the council shall not amend or withdraw any decision arrived at or anything done by such committee under the powers so assigned.
A committee to which the council has assigned the power to inquire into any case of alleged improper conduct and to impose a punishment in respect thereof in accordance with the provisions of section 29 may, notwithstanding the expiration of the tenure of office of the members of that council, continue to exercise such powers until such inquiry is concluded and such powers shall for the purposes of the proviso to subsection (2) of this section be deemed to have been assigned to the committee by the newly constituted council.
Amendment of section 11 of Act 40 of 1984 7.
"(1) There is hereby established a committee to be known as the Education Advisory Committee for Professional Land Surveyors and Technical Surveyors.".
Amendment of section 12 of Act 40 of 1984 8.
Minister from among persons in the service of the State.
Amendment of section 14 of Act 40 of 1984 9.
"(a) if he was appointed in terms of section 12(1)(a) and ceases to be a professor or lecturer at the university concerned or to be a professional land surveyor;".
Amendment of section 19 of Act 40 of 1984 10.
"comply with the requirements for registration as professional land surveyors, as professional land surveyors in training, as technical surveyors and as survey technicians in training and for the respective posts, professions or callings for the appointment to or pursuit of which the passing of any such examination is in terms of any law a qualification; and".
Substitution of section 20 of Act 40 of 1984 11.
the making of a professional oath or affirmation in the prescribed form in relation to the practicing of his profession or calling.
The council shall, subject to the provisions of section 24(1), on application in the prescribed form by any person who in the opinion of the council, after consultation with the Chief Director Surveyor General, complies with the requirements mentioned in subsection (1), and upon payment of the registration and annual fees, register any such person as a professional land surveyor and cause such person's name to be entered in the appropriate register and a certificate of registration in the prescribed form to be issued to him.
Any person who was registered as a land surveyor in terms of the Land Surveyors' Registration Act, 1950 (Act No. 14 of 1950), immediately prior to the commencement of this Act shall be deemed to have been registered as a professional land surveyor in terms of this section, and the council shall cause any such person's name to be entered in the appropriate register and, on application in writing by any such person, a certificate of registration in the prescribed form to be issued to him free of charge.
to indicate his profession or calling or make it known by using the prescribed title after his name.
Any person to whom a certificate was issued in terms of section 12(2) of the Land Survey Act, 1927 (Act No. 9 of 1927), immediately prior to the commencement of this Act shall be deemed to have complied with the requirements for registration mentioned in this section, and the council shall, subject to the provisions of section 24(1), on application by any such person and upon payment of the registration and annual fees, register such person as a professional land surveyor and cause any such person's name to be entered in the appropriate register and a certificate of registration in the prescribed form to be issued to him.
Any person who was registered as a professional land surveyor or was deemed to be so registered in terms of this section as it existed immediately prior to the substitution thereof by the Professional Land Surveyors' and Technical Surveyors' Amendment Act, 1993, shall be deemed to have been registered as a professional surveyor in terms of this section.
Substitution of section 21 of Act 40 of 1984 12.
Any person who desires to be registered as a professional land surveyor in training and who complies with the requirements of section 20(1) (b), may apply in the prescribed form to the council to be registered as a professional land surveyor in training, and the council shall, subject to the provisions of section 24(1), upon payment of the registration and annual fees, register any such person as a professional land surveyor in training and cause any such person's name to be entered in the appropriate register.
When any professional land surveyor in training complies with the requirements mentioned in section 20(1), the council shall, subject to the provisions of section 24(1), on application in the prescribed form and upon payment of the registration and annual fees, cancel the registration of such person as a professional land surveyor in training and register him as a professional land surveyor in terms of section 20(2).
Any period of training in practical survey work undergone before the commencement of this Act and of the same kind as that prescribed, shall for the purposes of subsection (2) be deemed to be a period of training in practical survey work as so prescribed, provided such former training is continued within three months, or within such further period as the council may allow, after the said commencement, by means of training in practical survey work as so prescribed.
Any professional land surveyor in training may describe himself as a professional land surveyor in training, but he shall not be entitled to perform any survey work, except under the personal supervision of a professional land surveyor or in such other circumstances as may be prescribed.
Amendment of section 22 of Act 40 of 1984, as amended by section 4 of Act 37 of 1986 13.
is not such a member and was engaged in the performance of practical work which in the opinion of the council is of sufficient variety and of a satisfactory nature and standard and had been so engaged for a period of not less than seven years, if he has passed the examination for the tenth standard or an equivalent examination, or nine years, if he has passed the examination for the eighth standard or an equivalent examination, and who within two years or such further period as the Minister, after consultation with the council, may determine by notice in the Gazette, after the commencement of this Act, in the case of a person referred to in paragraph (a), or after the commencement of the Professional Land Surveyors' and Technical Surveyors' Amendment Act, 1993, in the case of a person referred to in paragraph (b), applies to the Chief Director Surveyor-General to carry out a trial survey or practical test contemplated in subsection (1)(a)(iii) or (b)(iii), and who carries out that survey or test to the satisfaction of the Chief Director Surveyor-General within the period determined by him, and who within six months after the Chief Director Surveyor- General has indicated in writing that such survey or test has been so carried out, complies with the requirements contemplated in subsection (1)(a)(iv) or (b)(iv), may before the expiry of the said period of six months apply in the prescribed form to the council to be registered as a surveyor or a survey technician, as the case may be, and the council shall, subject to the provisions of section 24(1), register any such person as a surveyor or a survey technician, as the case may be, and cause his name to be entered in the appropriate register and a certificate of registration in the prescribed form to be issued to him free of charge.
"(ii) to carry on his calling in any part of the Republic but only under the personal supervision of such professional land surveyor, surveyor or other suitably qualified person as may be prescribed: Provided that the provisions of this subparagraph relating to personal supervision shall, subject to such conditions as the council may determine, not apply in respect of any person who, within two years or such further period as the Minister, after consultation with the council, may determine by notice in the Gazette, from the commencement of this Act, submits to the council proof that he has, unsupervised, performed for such period as the council may deem sufficient, survey practical work which in the opinion of the council is of sufficient variety and of a satisfactory nature and standard; and".
Amendment of section 23 of Act 40 of 1984 14.
(3) Any period of training in practical survey work undergone before the commencement of this Act and of the same kind as that prescribed, shall for the purposes of subsection (2) be deemed to be a period of training in practical survey work as so prescribed, provided such former training is continued within three months, or within such further period as the council may allow, after the said commencement, by means of training in practical survey work as so prescribed.
A survey technician in training may describe himself as a survey technician in training, but shall not be entitled to perform any survey practical work, except under the personal supervision of a professional land surveyor, a technical surveyor or such other person as may be prescribed.
Substitution of section 27 of Act 40 of 1984 15.
who is not registered as a professional land surveyor or as a surveyor or as a survey technician and pretends to be or by any means whatsoever holds himself out or allows himself to be held out as a professional land surveyor or a surveyor or a survey technician or uses the name of professional land surveyor or technical surveyor or surveyor or survey technician or uses any name, title, description or symbol indicating or calculated to lead persons to infer that he is person who is registered as a professional land surveyor or surveyor or survey technician in terms of this Act, shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000.
SURVEYORS' AMENDMENT ACT 1993 performing any kind of work reserved for professional land surveyorsor technical surveyors under section 7(2)(a), or uses any name, title, description or symbol indicating or calculated to lead persons to infer that it is a company or other juristic person performing any kind of work so reserved for professional land surveyors or technical surveyors, shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000.
Insertion of sections 27A and 27B in Act 40 of 1984 16.
the company has been incorporated and registered as a private company with share capital, under the Companies Act, 1973 (Act No.
that in the event of a shareholder's death or of his ceasing to comply with a requirement of subparagraph (i), his estate or he himself, as the case may be, may continue to hold his shares in the company as from the relevant date for a period of six months or for such longer period as may have been approved by the council, and that during such period any voting rights attaching to such shares may be exercised by any other shareholder of the company whom the first mentioned shareholder may have nominated in writing before his death or disqualification for the purposes of this subparagraph or, failing such nomination, by the chairman of the company.
may not act as a director of the company concerned, or directly or indirectly receive any directors' fees or remuneration from that company.
an amount equal to the nominal amount of the shares acquired is transferred to a capital redemption reserve fund.
by the company itself of shares referred to in that paragraph shall not be deemed to constitute a reduction of the authorized share capital of the company concerned, and the provisions of the Companies Act, 1973, relating to the reduction of the share capital of a company shall apply to such a capital redemption reserve fund as if such fund were share capital of the company concerned.
Shares purchased as contemplated in paragraph (b), shall be available for allotment in terms of the articles of the company.
Any transfer of shares in a company referred to in this section, or of any rights and benefits attaching thereto, in conflict with subsection (1)(b)(iv), shall be void.
Subject to the provisions of section 49(4) of the Companies Act, 1973, the name of a company referred to in this section shall, unless the council in any particular case approves of any other name, consist solely of the name or names of any of the present or past members of the company or of a person or persons who conducted, either for his or their own account or in partnership, any practice which may reasonably be regarded as a predecessor of the practice of the company.
omission, with or without a particular intent, of any act which ought to have been but was not performed by or on instructions given by a director or employee of a company, in the exercise of his powers or in the performance of his duties as such director or employee or in furthering or endeavouring to further the interests of that company, and which would have constituted improper conduct if it had been performed or omitted by a professional surveyor or surveyor carrying on his profession or calling as a natural person in practice shall, for the purpose of this Act, be deemed to have been performed or omitted by every member, shareholder, director or employee of such company practicing as a professional surveyor or surveyor, unless it is proved that such professional surveyor or surveyor did not take part in the performance of the act or the omission and that he could not have prevented it.
A company referred to in this section which, otherwise than under an exemption granted in terms of this Act, entrusts work reserved under section 7 for professional and technical surveyors to any person, whether a member, shareholder, director or employee of the company or not, other than a professional or technical surveyor, shall be guilty of an offence and liable on conviction to a fine not exceeding R10 000.
contravenes a provision of subsection (2)(a), shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000.
The provisions of section 7(2) and (5) shall apply mutatis mutandis in respect of a company referred to in this section.
The payment in accordance with the provisions of this Act by a company referred to in this section on behalf of a professional or technical surveyor who carries on his profession as a member, shareholder, director or employee of that company, of any annual fee or levy, shall for the purposes of this Act be deemed to be a payment by such professional or technical surveyor.
The council may cancel the registration as a professional surveyor or surveyor of any shareholder, director or member of a company referred to in this section, if the company is liquidated or placed under provisional or voluntary liquidation or judicial management.
27B. (1) Notwithstanding any provision of this Act to the contrary, a close corporation may perform the work of a professional surveyor or surveyor if the close corporation has been registered under the Close Corporations Act, 1984 (Act No.
in the event of a member's death or of his ceasing to comply with a requirement of paragraph (c), his estate or he himself, as the case may be, may continue to hold his interest in the close corporation as from the relevant date for a period of six months or for such longer period as may be approved by the council, and that during such period any voting rights attaching to such interest may be exercised by any other member of the close corporation whom the first-mentioned member may have nominated in writing before his death or disqualification for the purposes of this subparagraph or, failing such nomination, by a member nominated by a majority of members of the close corporation.
The holder of an interest referred to in subsection (1)(e) may not participate in the decisions of the close corporation or directly or indirectly receive any remuneration as a result of such interest in the close corporation.
1984, the name of a close corporation referred to in this section shall, unless the council in any particular case approves of any other name, consist solely of the name or names of any of the present or past members of the close corporation or of a person or persons who conducted, either for his or their own account or in partnership, any practice which may reasonably be regarded as a predecessor of the practice of the close corporation.
omission, with or without a particular intent, of any act which ought to have been but was not performed by or on instructions given by a member or employee of a close corporation, in the exercise of his powers or in the performance of his duties as such member or employee or in furthering or endeavouring to further the interests of that close corporation, and which would have constituted improper conduct if it had been performed or omitted by a professional surveyor or surveyor carrying on his profession or calling as a natural person in practice shall, for the purpose of this Act, be deemed to have been performed or omitted by every member or employee of such close corporation practicing as a professional surveyor or surveyor, unless it is proved that such professional surveyor or surveyor did not take part in the performance of the act or the omission and that he could not have prevented it.
A close corporation referred to in this section which, otherwise than under an exemption granted in terms of this Act, entrusts work reserved under section 7 for professional and technical surveyors to any person, whether a member or employee of the close corporation or not, other than a professional or technical surveyor, shall be guilty of an offence and liable on conviction to a fine not exceeding R10 000.
contravenes a provision of subsection (2), shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000.
The provisions of section 7(2) and (5) shall apply mutatis mutandis in respect of a close corporation referred to in this section.
The payment in accordance with the provisions of this Act by a close corporation referred to in this section on behalf of a professional or technical surveyor who carries on his profession as a member or employee of that close corporation, of any annual fee or levy, shall for the purposes of this Act be deemed to be a payment by such professional or technical surveyor.
The council may cancel the registration as a professional surveyor or surveyor of any member of a close corporation referred to in this section, if the close corporation is liquidated or placed under provisional or voluntary liquidation or judicial management.
Substitution of section 28 of Act 40 of 1984 17.
in his capacity as a member, shareholder, director or employee of a company referred to in section 27A, or as a member or employee of a close corporation referred to in section 27B, performs any act or commits any omission which would under any provision of this Act have constituted improper conduct if it had been performed or committed by a professional or technical surveyor in the carrying on of his profession as a natural person in practice.
conducts himself in a manner which, when regard is had to his profession or calling, is improper.
The acquittal or conviction of a professional land surveyor or surveyor or survey technician by a court of law upon a criminal charge shall not be a bar to proceedings against him under this Act on a charge of improper conduct, even if the facts set forth in the charge of improper conduct would, if proved, constitute the offence set forth in the criminal charge on which he was so acquitted or convicted or any other offence of which he might have been convicted at his trial on the said criminal charge.
If the improper conduct with which the professional land surveyor or surveyor or survey technician is charged amounts to an offence of which he has been convicted by a court of law, a certified copy of the record of his trial and conviction by that court shall, upon the identification of such professional land surveyor or surveyor or survey technician as the person referred to in the record, be sufficient proof of the commission by him of such offence, unless the conviction has been set aside by a superior court: Provided that it shall be competent for the professional land surveyor or surveyor or survey technician charged to adduce evidence that he was in fact wrongly convicted.
When in the course of any proceedings before any court of law or in the course of an investigation in terms of any law it appears to the court or to the person in charge of the investigation, as the case may be, that there is prima facie evidence of improper conduct on the part of a professional land surveyor or surveyor or survey technician, or conduct which, regard being had to the profession or calling of a professional land surveyor or surveyor or survey technician, is improper, the court or the person in charge of the investigation, as the case may be, shall direct that a copy of the record of the proceedings or the investigation or such part thereof as is material to the issue, be transmitted to the council.
"(e) in addition to the punishment imposed under paragraph (d), disqualification for registration in terms of this Act for a specified or an indefinite period:".
Amendment of section 30 of Act 40 of 1984 19.
"(c) appoint any person to advise the council at such inquiry on matters relating to law, procedure, or evidence or the imposition of punishment.".
Amendment of section 31 of Act 40 of 1984 20.
(1) When it appears to the council from information on oath that a professional land surveyor or a technical surveyor is mentally ill to such an extent that it would be contrary to the public interest to allow him to continue to practice, the council may, if it deems fit, hold an inquiry mutatis mutandis in accordance with the provisions of section 30 in respect of such person.
If the council finds that such professional land surveyor or technical surveyor has so become mentally ill, it may order his suspension for a specified period from practicing his profession or calling.
Amendment of section 32 of Act 40 of 1984 21.
"(1) Any person aggrieved at any decision of the council in terms of section 29 or 31 or any penalty imposed by it under section 29, may within 30 days after the council has given its decision or imposed the penalty, appeal against that decision or penalty by way of notice of motion to the provincial or local division of the Supreme Court of South Africa having jurisdiction in the area in which any such person ordinarily practices or works as a professional land surveyor or technical surveyor.".
Substitution of section 33 of Act 40 of 1984 22.
The council may on application by any person who has in terms of section 29(1) been suspended from practicing or whose name has been removed from the register or who has been disqualified from registration for a specified period, terminate such suspension or notwithstanding the provisions of section 24(1)(d) but subject to section 24(1)(a), (b) and (c), register such person in terms of section 20, 21, 22 or 23 on such conditions as the council may determine.
Amendment of section 34 of Act 40 of 1984 23.
"(2) Different rules may be made in relation to different categories of professional land surveyors, of professional land surveyors in training, of technical surveyors and of survey technicians in training.".
Substitution of expression "Chief Director" in Act 40 of 1984 24.
The principal Act is hereby amended by the substitution for the expression "Chief Director", wherever it occurs, of the expression "Chief Surveyor General".
Amendment of section 44 of Act 40 of 1984 25.
Section 44 of the principal Act is hereby amended by the deletion in subsection (1) of the expression "Land Surveyors' ".
Substitution of long title of Act 40 of 1984 26.
To provide for the establishment of a South African Council for Professional Land Surveyors and Technical Surveyors, for the registration of professional land surveyors, professional land surveyors in training, surveyors, survey technicians and survey technicians in training, and for matters connected therewith.
This Act shall be called the Professional Land Surveyors' and Technical Surveyors' Amendment Act, 1993.
<fn>GOV-ZA.14668En.2012-02-10.en.txt</fn>
To amend the Education Affairs Act (House of Assembly), 1988, so as to define or further define certain expressions; to further regulate the transfer of immovable property to state-aided schools; to alter the financial year of state-aided schools; to regulate the closure ofstate-aided schools; to effect certain textual alterations; and to further regulate the determination of certain establishments; and to provide for matters connected therewith.
Amendment of section 1 of Act 70 of 1988, as amended by section 1 of Act 88 of 1991 and section 1 of Act 39 of 1992 1.
" 'subsidized post' means a post for which a subsidy in terms of section 32 must be utilized by virtue of the conditions imposed in terms of the said section;".
Amendment of section 31A of Act 70 of 1988, as inserted by section 7 of Act 88 of 1991 and amended by section 4 of Act 39 of 1992 2.
"Provided that except in the case of immovable property sold or otherwise alienated with the approval of the Minister in terms of section 30(2) the ownership of such property shall without payment of compensation by the State revert to the State if the immovable property so vested.
"(3) The officer in charge of a deeds office or other office where the immovable property referred to in subsection (2) is registered, shall, on submission to him of the title deed concerned, make such endorsements on that title deed and such entries in his registers, as may be required to effect register the transfer concerned.".
Amendment of section 36 of Act 70 of 1988 3.
"(1) The financial year of a state-aided school shall terminate on the last day of March December in each year.".
Insertion of section 37A in Act 70 of 1988 4.
37A. (1) If the Minister considers it necessary, he may, after consultation with the governing body of a state-aided school, by notice in the Gazette declare that the state-aided school concerned shall be closed from a date mentioned in such notice.
As from the date on which a state-aided school is declared to be closed all assets and liabilities of such school shall, subject to the conditions of a donation, bequest or trust contemplated in section 30(3), devolve upon the State.
The Minister shall appoint a person to administer the affairs of the state-aided school concerned.
Immovable property devolving upon the State by virtue of subsection (2) shall be transferred to the State without payment of transfer duty, stamp duty or other moneys or costs.
The officer in charge of a deeds registry or other office where the immovable property referred to in subsection (4) is registered, shall, on submission to him of the title deed concerned, make the necessary endorsements on that title deed and necessary entries in his registers.
Amendment of section 50 of Act 70 of 1988 5.
"(c) a child shall not attend a primary school before the beginning of the year in which he reaches the age of six years, if he reaches the said age before the first day of July of such year, and if a child reaches the age of six years on or after the said date in any year, he may only attend such a school after the end of the year in which he so reached the said age;".
Amendment of section 97 of Act 70 of 1988, as amended by section 17 of Act 88 of 1991 6.
the power to appoint, promote or discharge any person at a state-aided school shall vest in the governing body, which shall exercise such power with regard to subsidized posts subject to the prior approval of the Minister.
subparagraph (i) of this paragraph.
This Act shall be called the Education Affairs Amendment Act (House of Assembly), 1993.
The provisions of section 2 shall be deemed to have come into operation on 19 June 1991.
<fn>GOV-ZA.14684En.2012-02-10.en.txt</fn>
This document contains information on the management of HIV/AIDS in schools and the rights and responsibilities of learners, educators and parents with regards to HIV/AIDS. Answers are provided to some of the common questions such as whether HIV positive learners can be excluded from school, whether schools can test learners for HIV and how schools can prevent the risk of HIV transmission in the school environment. Advice is also provided on drafting a school HIV/AIDS policy.
Originally published in October 1999 by the AIDS Legal Network, with funding from the European Union Foundation for Human Rights. Reprinted by the WCED with kind permission.
Can HIV positive learners be excluded from school?
May learners with HIV be treated in a different way to other learners?
May a school demand information about a learner's HIV status?
Can schools routinely test learners for HIV?
Can schools test learners for HIV without their consent?
How should schools prevent the risk of HIV transmission in the school environment?
What about the risk of HIV transmission through contact sport?
Do learners have a right to receive education about HIV/AIDS?
May condoms be issued at schools?
What about educators and other staff?
What should be done if there is a refusal to work, teach or study with a person with HIV?
Who should be involved in developing a school policy?
Millions of people are infected with HIV and this number is steadily rising. As a result, increasing numbers of learners and educators infected with HIV are part of our schools. People who are infected with HIV face discrimination because of their HIV positive status.
a non-discriminatory and caring learning environment is created.
A national policy on the management of HIV/AIDS in schools has been drafted by the Department of Education for public learning institutions. Schools and governing bodies should develop and adopt their own policies in keeping with the principles in the national policy. If a school does not have its own policy this one will automatically apply.
Knowing your rights as parents, educators and learners and understanding the principles of the national policy as well as the Constitution will assist you to effectively manage HIV/AIDS effectively at your school.
No. The Constitution says that everyone has a right to equality and that children have a right to a basic education. The national policy also states that no learner may be unfairly discriminated against and denied admission to a school on the basis of his or her HIV status.
Learners with HIV should not be denied the opportunity to reach their full potential. Their needs should be accommodated as far as is reasonably possible within the school environment or through home schooling if necessary. Any special measures taken must be fair, medically justifiable and taken in consultation with the learner and parent.
No. All medical information is confidential and neither parents nor learners have a legal duty to tell the school authorities of a learner's HIV status. Should this information be voluntarily disclosed, it must remain confidential.
There is no medical or scientific justification for routinely testing learners for HIV. The testing of learners for HIV as a prerequisite for admission or continued attendance is prohibited in the National Policy.
No person may be tested without his or her consent.
HIV cannot be transmitted through day-to-day social contact. Although the risk of HIV transmission in the school is insignificant, all schools should implement universal precautions to prevent the spread of all infections transmitted by blood, including HIV.
All blood and body fluids should be treated as if they are infected with HIV and handled with extreme caution.
Latex gloves should be worn by all persons attending to accidents involving blood spills.
All wounds should be cleaned with water and disinfectant immediately and covered with a waterproof dressing.
Surfaces contaminated with blood should be cleaned with a bleach solution.
All schools should have a minimum of two First Aid kits available and accessible.
Latex gloves should be available in every classroom and at every sporting event.
All learners and educators should be provided with information on how to handle blood spills.
The risk of HIV transmission occurring through contact sports is insignificant. However, should any bleeding occur, the injured player should be taken off the field and treated. The player may resume play once the wound has been securely covered and soiled clothes changed. Learners and coaches with HIV should receive medical counselling before participating in contact sport.
Yes. The National Policy states that a continuing HIV/ AIDS education programme should be implemented in all schools. This should be integrated into a Life-Skills programme and should be age appropriate and accurate. Parents should be informed of this programme.
The National Policy acknowledges that this is a complex issue and suggests that issues such as this are resolved taking into account the needs and values of the specific school community.
The National Policy on HIV/AIDS applies to both learners and educators.
tested for HIV without their consent.
tested for HIV as a prerequisite for appointment or continued service.
forced to disclose their HIV status.
dismissed or demoted because of their HIV status.
discriminated in any way because of their HIV status.
This is in keeping with the fair labour practices as set out in the Labour Relations Act and the Employment Equity Act.
Accurate information must be provided to learners, educators and parents. This should be followed up with counselling, if necessary. The situation should be resolved by the principal with the help of the governing body if necessary.
The governing body of the school should develop and adopt its own policy in consultation with the wider school community. This could be done through the establishment of a Health Advisory Committee for the school. The policy may not deviate from the basic principles in the National Policy and should seek to create an environment in which people with HIV will be treated in a just, humane and life-affirming way.
www.redribbon.co.za www.avert.org www.lovelife.org.za www.teenwire.
<fn>GOV-ZA.146bulletinEn.2012-02-10.en.txt</fn>
All bids requested for in this bulletin are for the Mpumalanga Provincial Government, unless otherwise stated.
The Mpumalanga Provincial Government has resolved to waive the requirement for a Performance Guarantee for all Projects/ Contracts for monetary values ranging from R0.1 up to R5.0 million.
The requirement for an up-front payment of a Performance Guarantee shall remain applicable for Projects/ Contracts whose monetary values exceed R5.0 million up to R9.0 million.
Over 7.0 million up to R8.
Over 9.
5.2 ENGINEERING CONTRACTS 10 % retention shall be deducted on any progress payment certificate, until the total retention value equals 10% of the total contract/ project value. 5% of the retention money shall be released immediately after practical completion of the project, with the remaining 5% being released as soon as practically possible, depending on the nature of the project e.g. the construction of a bridge.
All provincial departments shall henceforth apply the above provisions.
(please note that the above address is provided for general correspondence or applications to subscribe to receive this bulletin by post.
Unless otherwise stated, all bids close at 12h00.
The taxes of the successful bidder MUST be in order, or that suitable arrangement has been made with the Receiver of Revenue to satisfy them.
Each party to a Consortium/ Sub-Contractor must complete a separate Tax Clearance Certificate. Copies of the Application for Tax Clearance Certificate are attached to every bid document and may also be obtainable at any Receiver of Revenue's Office.
Henceforth, only the prices of bids in the building, civil, mechanical and electrical works categories will be disclosed on request at the time of opening of bids.
Bidders are hereby advised that the Mpumalanga Provincial Government will only accept bank guaranteed cheques, cash or postal orders as payment for the bid levy. Bidders are requested not to throw away their receipts for purchased bid documents.
The number, role (executive/ non-executive) and influence (power) of Directors.
The profile of the management structure, giving percentages of black participation across the levels (supervisor/ junior management/ middle management/ senior management). The type of grading system used must be stated.
The Training and Development efforts must be stated - in the area of skill development for workers and management. The training expenditure as a percentage of payroll costs should be given.
The company must indicate any joint ventures it has with Blacks. Specific details must be given to prove that such joint venture is genuine and real.
Outsourcing The company must indicate which of its business activities (services/ goods) are provided by Black businesses.
Sub-Contracting The company must indicate which part of the contract and for what value will be performed by a Black business out of the whole contract/ assignment it may secure value and benefit to communities.
Equity Participation The bidder must provide information on the status of Black ownership in his/ her company - whether it be by its employees or the black prulic or Black-owned companies.
Other Empowerment Activities. The bid would be free to supply other relevant empowerment details, which may not fall within the above-indicated framework.
Industrial Relations Climate Sound Industrial Relations are a good measure not only to the extent of employee acceptance of the work-place environment, but also of the state of their empowerment. If employees or their representatives are allowed and enabled to participate in key organizational processes, then a positive climate develops.
Fax number : (013) 766 8455 2.
Fax No.
Fax number : (013) 282 8776 5.
Department of Finance, Building No.
KwaMhlanga Government Complex, Department of Finance, Building No.
R500 .00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
R150 .00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
R100 .00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Venue: Riverside Government Complex, Building No.
R100.00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government. Suppliers who have tendered before may collect a document free of charge by presenting their receipts.
R50 .00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
R100.00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Building No.
R200.00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
R300 .00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Tender submission results are read out to the public immediately after closure.
No submission results will be faxed, emailed or made available telephonically by any of the Tender offices.
Suppliers interested in the results, should arrange a representative or should attend the public reading directly after tender closures.
Further note that due to the tender procedures required, the names and bid offers will only be announced once, bidders who are late for the reading can unfortunately not be assisted with a second announcement.
R200 .00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
R250 .00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
In order to give all prospective suppliers of goods and services an equal opportunity to do business with the Department of Roads and Transport, the department hereby invites suppliers of goods and services to register their businesses in the department's database, the database registration shall remain open until 30 June 2008. Existing suppliers must re-apply to remain on the database.
Suppliers need not register for more than 3 services.
Those who have applied previously are requested to re-apply.
DO NOT THROW AWAY RECEIPTS, FOR TENDER DOCUMENTS. NO EXCHANGES FOR CANCELLED, WITHDRAWN or RE-ADVERTISED TENDERS CAN BE MADE WITHOUT THE ORIGINAL RECEIPT.
Any Business Entity doing business with Government must register for Value Added Tax (VAT).
Government will not do business with an entity that does not comply with this requirement.
Information on available business opportunities, particularly for SMME's, can be sought from the SMME Desk, at the Department of Economic Development and Planning.
<fn>GOV-ZA.14704En.2012-02-10.en.txt</fn>
No. 42 of 1993: Animal Matters Amendment Act, 1993.
To provide for directions in respect of injuries caused by animals; to amend the Animals Protection Act, 1962, so as to further regulate the prohibition of animal fights; and to provide for matters connected therewith.
(Afrikaans text signed by the State President.) (Assented to 25 March 7993.
Any person as a result of whose negligence an animal causes injury to another person, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.
declare the person convicted to be unfit, for a specified period, to own a certain kind of animal or an animal of a specific breed or to have it under his control or in his custody.
as a result of whose deliberate action an animal causes the death of or injury to another person is found guilty of an offence with regard to such action.
The Minister of Justice may from time to time, with the concurrence of the Minister of State Expenditure, appropriate funds to a society for costs incurred relating to the removal, custody, disposal or destruction of an animal.
A person who has in terms of subsection (2)(b) been declared unfit, for a specified period, to own a certain kind of animal or an animal of a specific breed or to have it under his control or in his custody, shall, if at the time of the declaration he owns or has under his control or in his custody such an animal and such animal is not destroyed in terms of subsection (2)(a), within 14 days from the date on which such declaration was made, make alternative arrangements for the caring of the animal for the period for which he is declared unfit to own such an animal or to have it under his control or in his custody.
Subject to the provisions of paragraph (a), any person who owns or has under his control or in his custody an animal in contravention of a declaration made in terms of subsection (2)(b), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year.
Notwithstanding anything to the contrary contained in any law, a magistrate's court shall have jurisdiction to impose any penalty which is provided for in this section.
Section 2 of the Animals Protection Act, 1962, is hereby amended by the deletion of paragraph (o) of subsection (1).
The following section is hereby inserted after section 2 of the Animals: Protection Act.
owns, uses or controls any premises or place for the purpose or partly for the purpose of presenting animal fights on any such premises or place or who acts or assists in the management of any such premises or place, or who receives any consideration for the admission of any person to any such premises or place; or is present as a spectator at any premises or place where any of the acts referred to in paragraphs (a) to (c) is taking place or where preparations are being made for such acts, shall be guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding two years.
In any prosecution in terms of subsection (1) it shall be presumed, unless the contrary is proved, that an animal which is found at any premises or place is the property or under the control of the owner of that premises or place, or is the property or under the control of the person who uses or is in control of the premises or place.
Notwithstanding anything to the contrary contained in any law, a magistrate's court shall have jurisdiction to impose any penalty provided for in this section.
This Act shall be called the Animal Matters Amendment Act, 1993.
<fn>GOV-ZA.14705En.2012-02-10.en.txt</fn>
To regulate certain matters in connection with printed matter; to amend the Newspaper and Imprint Registration Act, 1971, so as to repeal theprovisions thereof relating to printed matter and the application of the Act to Namibia; and to provide for matters connected therewith.
(English text signed by the State President.) {Assented to 25 March 1993.
"printer" means any person carrying on or managing a business which produces printed matter.
Subject to subsection (2) any printer of printed matter, other than a newspaper as defined in section 1 of the Newspaper Registration Act, 1971 (Act No. 63 of 1971), shall affix on all such printed matter produced and distributed in the Republic, a notice in legible type and in either of the official languages of the Republic, containing the words "Printed by", followed by his full and correct name and the full and correct address at which he conducts his business of printing or an abbreviation of his name registered in terms of section 3.
Subsection (1) shall not apply to a printer of printed matter not intended for public sale or public distribution.
A printer who desires to use an abbreviation instead of his full name and address as contemplated in section 2, shall apply therefor to the Printing Industries Federation of South Africa or such other authority as the Minister may designate by notice in the Gazette.
Any such application shall contain the prescribed particulars and be accompanied by the prescribed fee.
The Federation or authority, as the case may be, shall in writing notify the applicant of the result of the application.
No person other than the printer to whom consent has been granted to use an abbreviation, shall use that abbreviation in connection with any printed matter.
The Federation or authority contemplated in subsection (1) shall keep a register of the prescribed particulars of all applications in terms of this section, and shall upon application by any person and on payment of the prescribed fee furnish such person with a certified copy of such particulars of that register as he may require.
of such change.
Any such notice shall contain the prescribed particulars and be accompanied by the prescribed fee.
The Federation or authority, as the case may be, shall thereupon appropriately alter the register referred to in subsection (S).
No person shall distribute in the Republic any printed matter not printed in the Republic, unless the name of the country of origin is affixed thereto.
The Minister may by notice in the Gazette exempt any type of printed matter from the provisions of section 2.
any matter which shall or may be prescribed under this Act. and, in general, for the more efficient implementation of the objectives of this Act.
Any person who contravenes or fails to comply with any provision of section 2(1), 3(4) or (6)(a) or 4, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding one year.
Amendment of section 1 of Act 63 of 1971 8.
by the deletion of the definitions of "printed matter", "printer" ' Republic" and 'Secretary '.
Substitution of section 3 of Act 63 of 1971 9.
Any person intending to print and publish a newspaper in the Republic or to continue to publish and print in the Republic a newspaper referred to in section 14(2) shall lodge with the Secretary Director-General on the prescribed form an application for the registration of such newspaper.
Any such application shall contain the prescribed particulars and shall except in the case of a newspaper referred to in section 14(2) be accompanied by the prescribed fee.
Repeal of Chapter III of Act 63 of 1971 10.
Chapter III of the principal Act is hereby repealed. Substitution of section 13 of Act 63 of 1971 11.
any matter which shall or may be prescribed under this Act.
Any regulation contemplated in subsection (1) prescribing money, shall only be made with the concurrence of the Minister of State Expenditure..
Repeal of section 14 of Act 63 of 1971 12.
Section 14 of the principal Act is hereby repealed. Substitution of word in Act 63 of 1971 13.
The principal Act is hereby amended by the substitution for the word "Secretary", wherever it occurs, of the word "Director-General".
Substitution of section 16 of Act 63 of 1971 14.
Registration Act, 1971 and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Substitution of long title of Act 63 of 1971 15.
To provide for the registration of newspapers and imprints; to regulate certain matters in connection with printed matter; and to provide for matters connected therewith.
This Act shall be called the Imprint Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14706En.2012-02-10.en.txt</fn>
No. 46 of 1993: Petroleum Products Amendment Act 1993.
To amend the Petroleum Products Act, 1977, so as to extend the power of the Minister to make regulations; and to provide for matters connected therewith.
(Assented to 25 March 1993.
Amendment of section 2 of Act 120 of 1977, as amended by section 1 of Act 72 of 1979, section 2 of Act 61 of 1985 and section 2 of Act 68 of 1991 1.
"(e) regulate in such manner as he may deem fit the supply of any petroleum [fuel] product to any business or undertaking conducted at any outlet, including the imposition of conditions relating to the price at which such product may be sold to such business or undertaking or at such outlet, or prohibit such supply.".
This Act shall be called the Petroleum Products Amendment Act, 1993.
<fn>GOV-ZA.14707En.2012-02-10.en.txt</fn>
Click on a service for full details.
The Minister of Public Service and Administration, Geraldine Fraser- Moleketi will be making a Call for Entries for the 6th Annual Centre for Public Service Innovation (CPSI) Awards 2008.
<fn>GOV-ZA.14709En.2012-02-10.en.txt</fn>
The Municipality provides the following basic services for the Beaufort West, Merweville and Nelspoort communities:refuse removal, electricity, water, sewerage service, rates collection, traffic and parking, drainage, building plan approval.
The Municipality provides the following basic services in the areas that fall under its jurisdiction:refuse removal, electricity supply, water supply, sewerage service, rates collection, tourism information, municipal roads maintenance, street lighting, traffic and parking control, drainage, building plan approval.
The Bitou Municipality provides the following basic services to the Beacon Island Estate, Brenton-On-Sea, Kranshoek, Kurland, Nature's Valley, New Horizons and Plettenberg Bay communities:refuse removal, electricity, water, sewerage service, rates collection, tourism, traffic and parking, drainage, building plan approval.
The Breede River/Winelands Municipality provides the following basic services to the Ashton, Bergsig, Bonnievale, Happy Valley, Mcgregor, Montagu, Robertson and Zolani:refuse removal, electricity, water, sewerage service, rates collection, tourism, traffic and parking, drainage, building plan approval.
The Municipality provides the following basic services to the Arniston, Bredasdorp, Cape Agulhas, Elim, Molshoop, Napier, Waenhuiskrans and Struisbaai communities:refuse removal, electricity, water, sewerage service, rates collection, traffic and parking, drainage, building plan approval.
The Municipality provides the following basic services:refuse removal, electricity, water, sewerage service, rates collection, tourism, traffic and parking, drainage, building plan approval.
The City of Cape Town municipality regulates the cemeteries, funeral parlours and crematoria in the area.
The municipality is responsible for ensuring that its area is clean and litter-free. This includes providing bins, cleaning crews and enforcing by-laws against littering and other pollution.
In September 2003, the City of Cape Town launched a new Contact Centre. The Centre handles queries regarding municipal services and accounts.
Local authorities are responsible for drainage infrastructure. Their responsibilities include:cleaning stormwater catch pits, cleaning stormwater kerbs or gutters along tar roads, cleaning and unblocking stormwater pipes, cleaning open concrete canals and ground canals.
The construction and maintenance of municipal roads is the responsibility of local government.
In September 2003 a new system was introduced that allows ratepayers to consolidate all their City accounts (including rates, water, refuse, electricity and sewerage) for a single property into one invoice.
The local authority is responsible for controlling the water supply to houses in the area.
The Municipality provides the following basic services:refuse removal, electricity, water, sewerage service, rates collection, tourism, municipal roads, street lighting, traffic and parking, drainage, building plan approval, health, cemeteries.
The Municipality maintains and controls the following public facilities:libraries, museums, beaches and amusement facilities, municipal parks and recreation facilities, local sport facilities.
Government has announced its intention of providing free basic water and electricity services for all. There is also an initiative to provide free sanitation services.
The Municipality provides the following basic services to the Bergplaas, Delville Park, George, Glentana Hills, Herolds Bay, Pacaltsdorp and Wilderness East communities:refuse removal, electricity, water, sewerage service, rates collection, tourism, traffic and parking, drainage, building plan approval.
Die metropolitaanse gebied wat deur die Stad Kaapstad beheer word, is onderverdeel in 20 subrade, waarvan elkeen uit 'n aantal wyke bestaan. Daar is altesaam 100 wyke wat elkeen deur 'n raadslid verteenwoordig word. 'n Wyk bestaan op sy beurt uit 'n aantal voorstede.
The Municipality provides the following basic services to the Bergsig, Calitzdorp, Ladismith, Vanwyksdorp and Withoek communities:refuse removal, electricity, water, sewerage service, rates collection, traffic and parking, drainage, building plan approval.
The Municipality provides the following basic services to the Buffalo Bay, Hornlee, Hunter's Home, Karatara, Knysna, Leisure Island, Sedgefield and The Heads communities:refuse removal, electricity, water, sewerage service, rates collection, traffic and parking, drainage, building plan approval.
The Municipality provides the following basic services to the Albertinia, Gouritsmond, Heidelberg, Jongensfontein, Riversdale, Stilbaai and Witsands communities:refuse removal, electricity, water, sewerage service, rates collection, traffic and parking, drainage, building plan approval.
The Municipality provides the following basic services:refuse removal, electricity, water, sewerage service, rates collection, traffic and parking, drainage, building plan approval.
Municipalities are responsible for providing basic services to everyone living inside their jurisdiction. These services include:supplying water, collecting and disposing of sewage, refuse removal, supplying electricity and gas, building and maintaining municipal roads, stormwater drainage, street lighting, municipal parks and recreation.
All City of Cape Town policy decisions are available online.
The Municipality provides the following basic services:refuse removal, electricity, water, sewerage service, rates collection, tourism, pollution, street lighting, traffic and parking, building plan approval, dog licences.
The Municipality provides the following basic services:food and milk control, refuse removal, electricity, water, sewerage service, rates collection, tourism, regulating abattoirs, municipal roads, pollution, street trading, street lighting, traffic and parking, markets, drainage, building plan approval.
The Municipality provides the following basic services to the Darling, Kalbaskraal, Koringberg, Malmesbury, Malmesbury, Moorreesburg, Riebeek Kasteel, Riebeek West, Wesbank and Yzerfontein communities:refuse removal, electricity, water, sewerage service, rates collection, tourism, traffic and parking, drainage, building plan approval.
Water and electricity services, rates, sanitation and refuse removal are all grouped on a single set of monthly accounts. You can view your Swartland Municipal Account online.
The Municipality provides the following basic services to the Barrydale, Infanta, New Town, Railton, Suurbraak and Swellendam communities:refuse removal, electricity, water, sewerage service, rates collection, tourism, traffic and parking, drainage, building plan approval.
The Theewaterskloof Municipality services the Bot River, Caledon, Dennehof, Elgin, Genadendal, Grabouw, Greyton, Middleton, Pineview, Riviersonderend, Villiersdorp and Vleiview communities.
The Municipality provides the following basic services to the Bella Vista, Ceres, Kluitjieskraal, Montana, New Town, Prince Alfred Hamlet, Romansrivier, Tulbagh and Wolseley communities:refuse removal, electricity, water, sewerage service, rates collection, tourism, traffic and parking, drainage, building plan approval.
<fn>GOV-ZA.14710En.2012-02-10.en.txt</fn>
No. 50 of 1993: Indians Education Amendment Act (House of Delegates), 1993.
(Afrikaans text signed by the State President.) (Assented to 25 March 1993.
Amendment of section 1 of Act 61 of 1965, as amended by section 1 of Act 39 of 1979, section 1 of Act 78 of l984 and section 1 of Act 100 of l986 1.
"'professional post' means a post to which a person is appointed, transferred or promoted under this Act to assist in certain professional educational services, to wit planning, subject advisory and inspection services;".
Substitution of section 8 of Act 61 of 1965 2.
Notwithstanding anything to the contrary contained in any other law the establishment of any State school, school of industries or reform school or any State-aided school other than a State-aided vocational school, or the establishment of professional posts in the division of Education of the Department, shall be determined by the Minister, on such basis as he may fix from time to time in consultation with the Minister of the Budget and on the recommendation of the Commission for Administration.
Notwithstanding anything to the contrary contained in any other law but subject to the provisions of this Act, the power to appoint any person to any post included in the establishment of any State school, school of industries or reform school, or any State-aided school other than a State-aided vocational school, or to any professional post included in the establishment of the division of Education of the Department, and to promote, transfer or discharge any person occupying any such post, shall be vested in the Minister.
Substitution of section 11 of Act 61 of 1965, as amended by section 6 of Act 39 of 1979 3.
Notwithstanding anything to the contrary contained in any other law but subject to the provisions of subsections (2) and (3) of this section, the conditions of service, salary scales, allowances and leave privileges of persons (other than officers and employees) employed in any post included in the an establishment of a State school, school of industries, reform school or a State-aided school referred to in section 8(1), shall be determined or prescribed by the Minister in consultation with the Minister of the Budget and on the recommendation of the Commission for Administration.
The salary, salary scale, allowances and leave privileges of any person who is, by virtue of the provisions of subsection (1) of section 9 deemed to have been appointed to a post in terms of the provisions of this Act, shall remain the same, as if he had continued occupying the post occupied by him immediately prior to the commencement of this Act, unless or until the Minister determines that the provisions of subsections (1) and (3) of this section shall apply in respect of him.
As from the date on which a person is in terms of the provisions of section 10 transferred to the service of the Department, his salary shall be adjusted to the salary scale applicable to his post, at such notch on that scale as the Minister may determine.
Subject to the provisions of this Act any continuous whole-time employment of any person referred to in section 10 at any State-aided school immediately prior to the date referred to in that section, shall, for leave purposes, be deemed to be employment in the service of the Department: Provided that any sick and accumulative vocational leave to which such person is entitled on that date shall, subject to such conditions as the Minister on the recommendation of the Commission for Administration may determine, be deemed to be leave earned in terms of this Act.
Substitution of section 12 of Act 61 of 1965 4.
the division of Education of the Department in a professional post, shall in respect of pension rights and retirement benefits be dealt with as if he occupied a post included in a division of the public service referred to in paragraph (a) of subsection (1) of section three section 7(1)(a) of the Public Service Act, 1957 (Act No. 54 of 1957) 1984 (Act No. 111 of 1984).
Substitution of section 14 of Act 61 of 1965, as amended by section 7 of Act 39 of 1979 5.
Any person (other than an officer or employee) occupying a post included in the an establishment of a State school, school of industries or reform school, or a State-aided school other than a State aided vocational school referred to in section 8(1) may, subject to the provisions of subsection (2), be transferred from the post in which he is employed to any other post at the said school or any other such school or professional post in the division of Education of the Department or at any other institution under the control of the Department, whether established under this Act or any other law, and whether or not it is a transfer to a post of a lower grade.
If a transfer in terms of subsection (1) involves a reduction of the pensionable emoluments of the person in question for the purposes of any law, such transfer shall not be made without his consent, unless it is made in consequence of a reduction of rank under section 17 or 18.
with his own consent, to the service of the government of any other country or of any person.
If any person is so seconded such secondment shall not affect the application in respect of him of any law which would have applied in respect of him if he had continued occupying his post at the school in question or at the division of Education of the Department, as the case may be.
Substitution of section 15 of Act 61 of 1965, as substituted by section 8 of Act 39 of 1979 and amended by section 1 of Act 114 of 1992 6.
Any person (other than an officer) occupying on a full-time basis in a permanent capacity a post included in the an establishment of a State school, school of industries or reform school, or State-aided school other than a State-aided vocational school referred to in section 8(1) shall, subject to the provisions of subsections (2) and (3), have the right to retire from the service of the Department on attaining the age of 65 years, and shall be so retired on reaching that age.
Any person referred to in subsection (1) whose pensionable service, as defined in section 1 of the Government Service Pension Act, 1973 (Act No.
but not at least three months before the date on which he attains that age, he shall be retired on pension on the first day of the fourth month following the month during which such notice is received.
Any person referred to in subsection (1) who has attained the age of 60 years and any person referred to in subsection (2) who has attained, in the case of a male, the age of 55 years or, in the case of a female, the age of SO years, may with the approval of the Minister be retired from the service of the Department.
is a member of the Government Service Pension Fund established by section 3 of the Government Service Pension Act, 1973 (Act No.
has completed at least 10 years' continuous pensionable service, shall have the right to retire on pension at any time after he reaches the age of SO years, provided that he shall give at least three calender months' written notice of his intention to retire on pension to the Director-General.
subject to the provisions of section 17, on account of misconduct as defined in section 16.
is absent from duty and has accepted other employment, shall, subject to the provisions of subsection (6), be deemed to have been discharged on account of misconduct in terms of subsection (4) with effect from the date immediately following the last day on which he was on duty.
If any person referred to in paragraph (a) of subsection (5) at any time within 120 days after the expiry of the period of 30 days referred to in that paragraph, in writing applies for reinstatement in his former post, the Minister may, on such conditions as he may think fit, reinstate such person in his former post or appoint him to any other post referred to in subsection (1), and in such event the period of absence from duty shall be deemed to have been absence on vacation leave without pay or leave on such other conditions as the Minister may determine.
Substitution of section 19 of Act 61 of 1965, as amended by section 12 of Act 39 of 1979 and section 4 of Act 100 of 19X6 7.
shall not be entitled to additional remuneration in respect of any duty or work performed by him by order of a competent authority, unless his conditions of service provide otherwise or, in the case contemplated in paragraph (c), the Director-General determines otherwise.
If any person referred to in subsection (1) receives any remuneration or allowance otherwise than in terms or by virtue of the provisions of this Act or any other law or in so far as the Minister may determine otherwise, he shall pay it into the State Revenue Fund, and if he fails to do so, the Minister of the Budget may recover it from him by legal proceedings or in such other manner as the said Minister may deem fit, and pay it into that fund.
The provisions of this Act shall not be so construed as to prohibit any person referred to in subsection (1) from being a member or serving on the management of a lawful political party or from attending any public political meeting.
Any person referred to in subsection (1) who in terms of the provisions of the Electoral Act for Indians, 1977 (Act No. 122 of 1977) is nominated as a candidate for the election of members of the House of Delegates, shall be deemed to have relinquished his post on the date on which he is so nominated.
Amendment of section 33 of Act 61 of 1965, as amended by section 3 of Act 9 of 1981 and section 6 of Act 100 of 1986 8.
" (g) as to the appointment of persons for duty at State schools, schools of industries and reform schools and State-aided schools, and of persons to professional posts, and the grading, remuneration, promotion, transfer, discharge, discipline, behaviour, powers, duties, hours of attendance, leave privileges and other conditions of service of, and the occupation of teachers' quarters by, and the payment of travelling, subsistence and other allowances and remuneration for services outside the prescribed hours of attendance to, such persons and persons deemed to be appointed in terms of this Act;".
Persons appointed to posts under the Public Service Act, 1984 (Act No. 111 of 1984), immediately prior to the commencement of this Act which are professional posts in terms of the Indians Education Act, 1965 (Act No. 61 of 1965), shall be deemed to be appointed to those posts in terms of section 8(2) of the last-mentioned Act, with the retention of their remuneration, allowances and other benefits, and the establishment of such posts shall be deemed to be determined in terms of section 8(1) of the Indians Education Act, 1965.
This Act shall be called the Indians Education Amendment Act (House of Delegates), 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14716En.2012-02-10.en.txt</fn>
Click on a project for full details.
<fn>GOV-ZA.14720En.2012-02-10.en.txt</fn>
No. 56 of 1993: Local Government Affairs Amendment Act, 1993.
To amend and repeal certain laws pertaining to local government so as to give effect to the fact that certain own affairs functions are being assigned to Ministers for general affairs and Administrators; and to provide for matters in connection therewith.
(Assented to 31 March 1993.
Amendment of section 1 of Act 91 of 1983, as amended by section 1 of Act 116 of 1984, section 1 of Act 45 of 1985, section 1 of Act 110 of 1985, section 6 of Act 43 of 1988, section 1 of Act 82 of 1988, section 23 of Act 103 of 1988 and section 1 of Act 109 of 1991 1.
Section 1 of the Promotion of Local Government Affairs Act, 1983, is hereby amended by the deletion of the definition of "development board".
Amendment of section 3 of Act 91 of 1983, as amended by section 2 of Act 45 of 1985, section 1 of Act 79 of 1986, section 7 of Act 43 of 1988 and section 2 of Act 82 of 1988 2.
Section 3 of the Promotion of Local Government Affairs Act, 1983, is hereby amended by the deletion of paragraphs (aB) and (eA) of subsection (2).
Amendment of section 5 of Act 91 of 1983, as amended by section 3 of Act 45 of 1985, section 2 of Act 79 of 1986, section 8 of Act 43 of 1988, section 3 of Act 82 of 1988 and section 8 of Act 134 of 1992 3.
Section 5 of the Promotion of Local Government Affairs Act, 1983, is hereby amended by the deletion of subparagraph (iB) of paragraph (a) of subsection (1).
Amendment of section 7F of Act 91 of 1983, as inserted by section 2 of Act 110 of 1985 and amended by section 4 of Act 79 of 1986 4.
"(b) the Minister the Minister appointed to administer local government affairs in respect of Black communities, the Ministers referred to in section 3(2)(aB) or an Administrator, hold an enquiry and advise the said Minister Ministers or Administrator by means of a written report on any other particular demarcation, redemarcation or withdrawal of the demarcation of any area pertaining to local government affairs."
by the deletion of paragraph (b) of subsection (3).
Amendment of section 7G of Act 91 of 1983, as inserted by section 2 of Act 110 of 1985 and amended by section 9 of Act 43 of 1988 5.
"(1) On receipt of a request for advice called for by an Administrator or a Minister as contemplated in section 7F(1)(a) or (b), but subject to the provisions of subsection (3), the secretary of the demarcation board shall cause to be published in both official languages, once in the Official Gazette of the province concerned and once in a newspaper circulating in the area concerned in the proposed demarcation, alteration or withdrawal of a demarcation, a notice stating that such a request for advice has been received, that it is open to inspection at the office of the secretary and at any other place or places, if any, mentioned in the notice and that objections against or representations in connection with the proposed demarcation, alteration or withdrawal of a demarcation may be lodged with the secretary of the demarcation board on or before a specific date, which shall not be less than 21 days after the date of the publication of the notice, and the secretary shall cause a copy of the notice to be served on every local authority directly affected by the proposed demarcation, alteration or withdrawal of a demarcation and on every Director-General referred to in section 3(2)(eA), according to the population group concerned, and such service shall be effected by registered post or by hand."
"(b) Not less than 14 days before the date of the hearing, the secretary of the demarcation board shall cause to be published in both official languages, once in the Official Gazette of the province concerned and once in a newspaper circulating in the area concerned, a notice in which the place and date of the hearing are made known and interested parties are invited to attend the hearing, and the secretary shall cause a copy of the notice to be served on every local authority directly affected by the proposed alteration and on every Director-General referred to in section 3(2)(eA), according to the population group concerned, and such service shall be effected by registered post or by hand.".
Amendment of section 1 of Act 109 of 1985, as amended by section 1 of Act 78 of 1986, section 1 of Act 49 of 1988 and section 1 of Act 127 of 1991 6.
Section 1 of the Regional Services Councils Act, 1985, is hereby amended by the deletion of the definition of "general affairs".
Amendment of section 2 of Act 109 of 1985, as amended by section 2 of Act 78 of 1986 7.
Section 2 of the Regional Services Councils Act, 1985, is hereby amended by the deletion of subparagraphs (ii) and (iv) of paragraph (a) of subsection (2).
Amendment of section 3 of Act 109 of 1985, as amended by section 3 of Act 49 of 1988 8.
(a) The Administrator may, subject to the provisions of section 2(2) (a)(ii), (iv) (b) and (c), by notice in the Official Gazette and with effect from a date specified in such notice, establish a regional services council for any region and from time to time announce which local bodies are represented thereon.
A council shall be a juristic person and shall in respect of its region be charged with such functions or any part of a function mentioned in Schedule 2 as may from time to time, subject to the provisions of section 2(2)(a)(ii), (iv) (b) and (c) of this Act and section 3(2)(a) of the Public Service Act, 1984 (Act No. 111 of 1984), by notice in the Official Gazette be identified as a regional function and be entrusted to that council.
by the substitution for subsection (3) of the following subsection: "(3) The Administrator may, subject to the provisions of section 2(2) (a)(ii), (iv) (b) and (c) of this Act and section 3(2)(a) of the Public Service Act, 1984, amend, substitute or repeal any notice in terms of this section.".
Amendment of section 11 of Act 109 of 1985, as amended by section 6 of Act 78 of 1986, section 12 of Act 49 of 1988, section 4 of Act 75 of 1991 and section 15 of Act 134 of 1992 9.
"(i) the Minister of Finance who shall be the chairman; and."
by the substitution for subsection (7) of the following subsection: "(7) A decision by four of its members shall be a decision of the appeal board and shall be carried out by the council shall carry out that decision."
by the deletion of subsection (8).
Amendment of section 12A of Act 109 of 1985, as inserted by section 15 of Act 49 of 1988 and amended by section 6 of Act 75 of 1991 10.
"(4) The members of the rural council shall be elected by the persons referred to in subsection (1)(a) and (b) and by the juristic person referred to in subsection (1)(c): Provided that the Minister concerned Administrator may, until a first election of members is held, by notice in the Official Gazette appoint persons who are qualified for election, as members of the rural council to serve as such members for a period not exceeding 12 months: Provided further that a rural council whose members are so appointed shall, notwithstanding anything to the contrary in this Act, be a management body for the purposes of this Act."
by the substitution for subsection (6) of the following subsection: "(6) The objects of a rural council are to grant representation on a council to persons and juristic persons contemplated in subsections subsection (1) and (3) in regard to a region outside the areas of jurisdiction of local authorities or management bodies other than rural councils and to promote the interests and welfare of those persons, and for such purpose a rural council shall be vested and entrusted with the powers and duties which the Minster concerned Administrator may from time to time identify in the Official Gazette as powers and duties of a rural council, but a rural council shall not have the power to impose any levy or service charge or to levy taxes on immovable property."
by the substitution for subsection (8) of the following subsection: "(8) The Minister concerned Administrator may by notice in the Official Gazette make regulations in respect of any matter which in his opinion is necessary or expedient for the effective execution or furtherance of the provisions and objects of this section.".
Amendment of section 13 of Act 109 of 1985, as amended by section 7 of Act 75 of 1991 11.
Section 13 of the Regional Services Councils Act, 1985,is hereby amended by the deletion of paragraph (b) of subsection (3).
Amendment of section 15A of Act 109 of 1985, as inserted by section 18 of Act 49 of 1988 12.
Section 15A of the Regional Services Councils Act, 1985, is hereby amended by the deletion of subsection (2).
Amendment of section 2 of Act 75 van 1986, as amended by section 1 of Act 47 of 1988 and section 1 of Act 81 of 1990 13.
is has been declared a local area is hereby assigned as from the date of such declaration to the respective Ministers responsible for local government affairs in the Ministers' Councils of the House of Assembly, the House of Representatives and the House of Delegates, depending on the population group for which the local area concerned is deemed to have been declared in terms of the Declaration of Local Government Areas Ordinance, 1986 (Ordinance No. 18 of 1986), of the Cape of Good Hope Administrator of the Province of the Cape of Good Hope.
Amendment of section 3 of Act 75 of 1986, as amended by section 2 of Act 47 of 1988, section 2 of Act 81 of 1990 and section 17 of Act 134 of 1992 14.
(3) The Minister shall exercise the powers conferred upon him by subsection (2), with the concurrence of the Minister of Finance and, where a transfer of assets, liabilities, rights, duties and obligations to a Minister entrusted with own affairs takes place, with the concurrence of the relevant Minister entrusted with own affairs.
Amendment of section 5 of Act 75 of 1986, as amended by section 4 of Act 47 of 1988 15.
"a development body referred to in section 3(1)(a), shall on the date mentioned in that section pass to the Administrator concerned, and shall thereafter in so far as the administration of the law has not under section 98(3) of the Republic of South Africa Constitution Act, 1983 (Act No.
by the deletion of paragraphs (b) and (d) of subsection (4).
Amendment of section 12 of Act 94 of 1988 16.
Section 12 of the Prior Votes for Election of Members of Local Government Bodies Act, 1988, is hereby amended by the deletion ofsubsection (3).
Amendment of section 17 of Act 84 of 1990 17.
persons who hold an interest in a juristic person that is the registered owner of immovable property situate in such region or part, l but outside the area of jurisdiction of a local authority or a management body other than a rural council.
"(2) The members of the rural council shall be elected by the persons and juristic persons referred to in subsection (1)."
by the substitution in subsection (4) for the words following upon paragraph (c) of the following words: "may from time to time identify in the Official Gazette of the Province of Natal in the case contemplated in paragraph (a), or the Official Gazette of KwaZulu in the case contemplated in paragraph (b), and in both such Gazettes in the case contemplated in paragraph (c), as the powers and duties of such rural council, but such powers shall not include the power to impose any levy or service charge or to levy taxes on immovable property.".
Amendment of section 18 of Act 84 of 1990 18.
"(3) If any regulation under this section is to be applicable in any region which is situate outside the self-governing territory of KwaZulu, or any part of such region, such regulation shall be made only with the concurrence of the Ministers Minister referred to in sections section 2(2)(a)(iii) and 24(3).".
Amendment of section 22 of Act 84 of 1990 19.
Section 22 of the KwaZulu and Natal Joint Services Act, 1990, is hereby amended by the deletion of paragraph (a) of subsection (2).
Amendment of section 24 of Act 84 of 1990 20.
Section 24 of the KwaZulu and Natal Joint Services Act, 1990, is hereby amended by the deletion of subsection (3).
Amendment of section 1 of Act 128 of 1991 21.
" (a) in respect of any local government body which is situate within that part of a province which does not form part of a Self-governing Territory, means the administrator of that province acting with the concurrence of the Ministers appointed in the Ministers' Council of the House of Assembly, the House of Representatives and the House of Delegates, respectively, to administer local government matters;".
Substitution of section 141 of Ordinance 8 of 1962 (Orange Free State), as substituted by section 55 of Proclamation 18 of 1988 22.
A council may close or divert any street, road or other public place, or any portion thereof, under its control temporarily or, subject to the provisions of section 18 of the Townships Ordinance, 1969 (Ordinance No. 9 of 1969), permanently.
Amendment of section 18 of Ordinance 9 of 1969 (Orange Free State), as substituted by section 1 of Ordinance 15 of 1974 23.
"(bA) Any person lodging an objection against an application in terms of paragraph (a) which relates to the closing of a public place or part of a public place shown on the general plan of a township, shall, if he is likely to suffer loss or damage if the application should be granted, together with such objection furnish particulars of such loss or damage, and send a copy of his objection to the local authority concerned."
"(a) Wanneer 'n openbare plek of 'n gedeelte van 'n openbare plek wet op die algemene plan van 'n dorp aangetoon word, permanent gesluit word, word die dorpseienaar, tensy die Administrateur anders bepaal en behoudens die bepalings van subartikel (3) (b) en van paragraaf (b), ontdoen van sy eiendomsreg in of op die grond wet die openbare plek of gedeelte van 'n openbare plek uitmaak, en daarna gaan sodanige eiendomsreg oor op die plaaslike bestuur van die dorp of, indien dear nie 'n plaaslike bestuur is nie, op die Administrateur in trust vir 'n toekomstige plaaslike bestuur tot tyd en wyl 'n plaaslike bestuur vir die dorp saamgestel is of dit in die regsgebied van 'n plaaslike bestuur ingelyf is wanneer dit op sodanige plaaslike bestuur oorgaan, en die Registrateur van Aktes maak 'n aantekening van sodanige oorgang op die wyse wet hy paslik ag."
(5) If a person suffers loss or damage as a result of the permanent closing of a public place or part thereof referred to in subsection (4), the local authority concerned shall pay such compensation to such person as may be agreed upon between the local authority and such person or, failing agreement, as may be determined by arbitration in terms of the Arbitration Act, 1965 (Act No.
(2)(b)(i) or to send a copy thereof to the local authority concerned in terms of subsection (2)(bA).
Amendment of section 20 of Ordinance 9 of 1969 (Orange Free State), as amended by section 1 of Ordinance 9 of 1973, section 1 of Ordinance 9 of 1978 and section 1 of Ordinance 7 of 1980 24.
whereby a new public place is created in that township, the approval of the Administrator shall, subject to the provisions of section 18, be subject to the amendment or change of that general plan by the Surveyor-General in terms of section 30(2) of the Land Survey Act, 1927 (Act No. 9 of 1927), necessitated by the approval.
After an owner of land has applied for approval by the Administrator of the subdivision of an erf shown on the general plan of an approved township, in such a way that a new public place is created in that township by the subdivision, the provisions of section 8(5)(a) and (b)(i), (ii) and (iv) and (7) shall apply mutatis mutandis to that erf.
Repeal of section 10A of Act 3 of 1987, as inserted by section 3 of Act 95 of 1989 25.
Section 10A of the Development Act (House of Representatives), 1987, is hereby repealed.
Repeal of section 28A of Act 3 of 1987, as inserted by section 7 of Act 95 of 1989 and amended by section 10 of Act 91 of 1990 26.
Section 28A of the Development Act (House of Representatives) 1987, is hereby repealed?
The Declaration of Local Government Areas Ordinance, 1986(Ordinance No. 18 of 1986), of the Cape of Good Hope, is hereby repealed.
The Declaration of Local Government Areas Ordinance, 1986(Ordinance No. 18 of 1986), of the Orange Free State, is hereby repealed.
The Declaration of Local Government Areas Ordinance, 1986(Ordinance No. 22 of 1986), of Natal, is hereby repealed.
The Local Government Areas Ordinance, 1986 (Ordinance No.24 of 1986), of the Transvaal, is hereby repealed.
Repeal of Proclamation R.110 of 1987 31.
Proclamation No. R.110 of 29 June 1987 is hereby repealed. Repeal of Proclamation R.217 of 1988 32.
Proclamation No. R.217 of 30 December 1988 is hereby repealed. Repeal of Proclamation R.100 of 1989 33.
Proclamation No. R.100 of 30 June 1989 is hereby repealed. Repeal of Proclamation 172 of 1989 34.
Proclamation No. 172 of 29 September 1989 is hereby repealed. Repeal of Proclamation 210 of 1989 35.
Proclamation No. 210 of 29 December 1989 is hereby repealed.
Any rural council established under section 12A of the Regional Services Councils Act, 1985 (Act No. 109 of 1985), and which existed immediately prior to the commencement of this Act, shall be deemed to have been established under the said section 12A as amended by this Act.
Any notice issued or regulation made under section 12A of the Regional Services Councils Act, 1985, and which was in force immediately prior to the commencement of this Act, shall be deemed to have been issued or made under the said section 12A as amended by this Act.
Anything done or which was commenced with in terms of a provision of any law the administration of which is assigned with effect from 1 April 1993 under section 98A of the Republic of South Africa Constitution Act, 1983 (Act No. 110 of 1983), but was not yet finalized on 31 March 1993, shall be deemed to have been done or commenced with in terms of the corresponding provision, if any, of any general law as defined in section 100 of the Republic of South Africa Constitution Act, 1983.
This Act shall be called the Local Government Affairs Amendment Act, 1993, and shall be deemed to have come into operation on 1 April 1993.
<fn>GOV-ZA.14726En.2012-02-10.en.txt</fn>
This is a holistic programme, which includes rationalising the hospital's health facilities, health technology and the quality of the health services. This involves an extensive programme of new construction, renovation and improved organisational management.
<fn>GOV-ZA.14787En.2012-02-10.en.txt</fn>
No. 784.
To make provision for the incorporation of the Groot Constantia Control Board as an association not for gain; for the transfer of the Groot Constantia Estate to the said association; and for matters in connection therewith.
(Afrikaans text signed by the State President) (Assented to 29 April 1993.
"board" means the Groot Constantia Control Board established by section 2 of the Groot Constantia State Estate Control Act, 1975 (Act No.
"Companies Act" means the Companies Act, 1973 (Act No.
"Minister" means the Minister of Agriculture.
The board shall. within three months of the date of commencement of this Act, request the registrar of companies in writing to incorporate the board in terms of the Companies Act as an association not for gain referred to in section 21 of the Companies Act, under the name Groot Constantia Trust.
The request shall be accompanied by the memorandum of association and articles of association of the proposed company, duly signed on behalf of the board and approved by the Minister.
If the memorandum of association and articles of association referred to in subsection (2) have been so signed and approved they shall, as far as the signing thereof is concerned, be deemed to comply with the requirements of the Companies Act for the registration, in terms of the said Act, of any such memorandum and articles.
On receipt of the said request and the memorandum and articles so signed and approved, the registrar of companies shall register the memorandum and articles in accordance with section 63(1) of the Companies Act and he shall in accordance with section 64(1) of that Act endorse thereon a certificate that the company is incorporated.
No fee shall be payable in terms of the Companies Act in respect of the reservation of the name of the company, the registration of the said memorandum and articles and the issue of the certificate to commence business.
The registrar of companies may, in order to comply with the provisions of this subsection, issue such directives and authorize such departures from the regulations promulgated under the Companies Act and the forms prescribed by that Act as he may deem necessary.
Notwithstanding section 285 of the Companies Act and notwithstanding the date of incorporation of the company, the first financial year of the company shall be deemed to be the year commencing on 1 July preceding the date of the incorporation of the company.
those portions of land registered under Deed of Transfer No.
State forest land which has been withdrawn from demarcation by Government Notice No.
the farm Hoop op Constantia, known as Erf 6601, portion of Erf 2744 Constantia, division of the Cape, in extent 6,0641 ha; and the Remainder of portion of Erf 2744 Constantia, division of the Cape, in extent 6,5953 ha.
the Remainder of the farm No.
the farm No.
the Remainder of Portion 2 of the farm No.
the liabilities and obligations of the State in relation to the estate shall devolve upon the company: Provided that any obligation in respect of the maintenance or restoration of the estate which on that date has already been undertaken by the State or to which the State has bound itself, shall not devolve upon the company; and anything done by or on behalf of or in respect of the board shall be deemed to have been done by or on behalf of or in respect of the company.
The ownership of the estate devolving upon the company in terms of subsection (1)(a) or reverting to the State in terms of section 5 shall be transferred to the company or the State, as the case may be, without payment of transfer duty, stamp duty or any other moneys or costs, but subject to any existing right, encumbrance, duty or trust on or over that property.
The officer in charge of a deeds office or other office where the estate is registered, shall, on submission to him of the title deed concerned, make such endorsements on that title deed and such entries in his registers as may be required to effect the transfer concerned.
The company shall not alienate or encumber with mortgage the estate or any part thereof.
The incorporation of the company shall not affect anything lawfully done by the board or the State in relation to the estate before the incorporation.
The ownership of the estate shall, notwithstanding the provisions of section 21 of the Companies Act, revert to the State without payment by the State of compensation therefor in the event of the liquidation, deregistration or dissolution of the company.
The provisions of the Liquor Act, 1989 (Act No. 27 of 1989), shall not be applicable in respect of any person who under the provisions of the memorandum of association and articles of association of the company sells wine from the estate on behalf of the company.
For the purposes of the Liquor Act, 1989 (Act No. 27 of 1989), anyone who conducts or manages a restaurant on the estate shall be deemed to hold a restaurant liquor licence mentioned in section 20(a)(ii) of that Act, in respect of that restaurant.
The laws mentioned in the Schedule are hereby repealed to the extent indicated in the third column thereof.
Subsection (1) shall come into operation on the date of incorporation contemplated in section 2(4)(a).
This Act shall be called the Groot Constantia Trust Act, 1993.
Act No. 57 of 1975 General Law Amendment Act Section 49.
<fn>GOV-ZA.14791En.2012-02-10.en.txt</fn>
No. 788.
No. 62 of 1993: Documentary Evidence from Countries in Africa Act, 1993.
To provide for the admissibility in the Republic of documentary evidence emanating from certain countries in Africa; and for matters connected therewith.
(Afrikaans text signed by the State President.) (Assented to 29 April 1993.
"Minister" means the Minister of Justice.
Notwithstanding anything to the contrary in any Rules of Court made or in force under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), or in any other law, but subject to the provisions of section 3, any document purporting to have been prepared, attested, certified, compiled or executed in a designated country shall, for the purposes of its admissibility as evidence in any civil or criminal proceedings in the Republic, be deemed to have been prepared, attested, certified, compiled or executed in the Republic.
If under any law a document is admissible in evidence in civil or criminal proceedings if it has been prepared, attested, certified, compiledor executed by a particular institution or by a person holding a particularoffice, possessing a particular qualification, performing a particular function or engaged in a particular activity, a similar document emanating from a designated country shall, for the purposes of such law and subject to the provisions of section 4, be admissible only if it appears on the face thereof to have been prepared, attested, certified, compiled or executed by an institution in the designated country in question or by a person in such country holding an office, possessing a qualification, performing a function or engaged in an activity equivalent to thecorresponding institution in the Republic or to the office, qualification, function or activity of the corresponding person in the Republic, contemplated in such law.
declare that a particular institution, office, qualification. function or activity in a designated country is equivalent to an institution, office, qualification, function or activity in the Republic mentioned in such notice.
This Act shall be called the Documentary Evidence from Countries in Africa Act, 1993.
<fn>GOV-ZA.14792En.2012-02-10.en.txt</fn>
To amend the Associated Health Service Professions Act, 1982, so as to delete, define or further define certain expressions; to change the name of the "South African Associated Health Service Professions Board" to the "Chiropractors, Homeopaths and Allied Health Service Professions Council"; to extend the general functions of the council; to provide for the establishment of professional boards for allied health service professions; to further regulate the registration of practitioners; to provide for the establishment of allied health service professions and for defining the scope thereof; to further regulate the prescribing of qualifications and temporary registration; to further regulate the registration of certain persons to give education or training, and the registration of students; to provide for the removal of names registered in error or through fraud; to provide for inquiries by professional boards into alleged misconduct by practitioners of allied health service professions; to increase the fines that may be imposed for misconduct; to provide for the payment of a fine where a person charged with misconduct admits his guilt; to provide that the execution of certain penalties may be suspended in part; to provide that a professional board may also take cognizance of certain conduct of practitioners; to provide for offences and penalties in respect of certain acts committed by practitioners of allied health service professions; to extend the powers of the Minister to make regulations and to increase the penalty for any contravention of the regulations; to provide that an aggrieved person may appeal to an appeal committee; and to provide that the Minister may exempt a juristic person from the operation of the Act; and to provide for matters connected therewith.
(English text signed by the State President.) (Assented to 29 April 1993.
Amendment of section 1 of Act 63 of 1982, as amended by section 1 of Act 108 of 1985 and section 1 of Act 10 of 1990 1.
allied health service profession' means any profession referred to in section 16;.
"'council' means the Chiropractors, Homeopaths and Allied Health Service Professions Council established by section 2(1);.
Substitution of heading to Chapter 1 of Act 63 of 1982 2.
Substitution of section 2 of Act 63 of 1982 3.
Amendment of section 4 of Act 63 of 1982, as amended by section 2 of Act 10 of 1990 4.
"(gA) approve any clinic established by any university or technikon or other training institution;".
Insertion of section 10A in Act 63 of 1982 5.
10A. (1) If the council deems it in the public interest that a professional board be established in respect of any profession referred to in section 16(1) to promote the standard of professional education and professional conduct among members of such profession, it may, subject to the provisions of subsection (2), recommend to the Minister that a professional board be established in respect of such profession.
The council shall, before making a recommendation in terms of subsection (1), consult with any body of persons which is representative of the profession concerned.
The Minister may, after having received a recommendation referred to in subsection (1), by notice in the Gazette establish a professional board in respect of the profession to which such recommendation relates.
The election and term of office of members and the powers and duties of a professional board shall be as prescribed.
the other members shall be elected by persons registered in terms of this Act in respect of the profession concerned.
Any professional board established under this section shall, in addition to the performance of any duty prescribed under subsection (4), report to the council on any matter affecting the profession in respect of which such professional board has been established and on any matter referred to it by the council.
When a report referred to in subsection (6) is considered by the council, the chairman of the professional board concerned shall be present at the meeting at which such report is considered by the council, shall have the right to address the council concerning any matter dealt with in such report, shall have the right to vote if any vote is taken at such meeting in respect of such matter and shall have all the rights and duties of a member of the council attending such meeting.
Any professional board established under this section may make representations to, or by the mediation of, the council for the making, amendment or withdrawal of any regulation or rule which shall apply or applies to such professional board or the profession in respect of which such professional board was established.
Substitution of section 15 of Act 63 of 1982, as substituted by section 4 of Act 108 (f) 1985 6.
such further documents and information as may be prescribed.
For the purpose of considering any application contemplated in subsection (1), the board council may require the applicant in support of the application to furnish such further proof, whether orally or in writing, regarding his identity, good character, training and experience, as the board council may deem necessary and may require him to sit for such examination as the council may determine.
entering the prescribed particulars in respect of him in the appropriate register.
The said registration of a person shall be subject to the provisions of this Act and such further conditions as the board may determine in each case.
If the board council refuses to approve an application, the applicant concerned shall be notified in writing of such decision and of the grounds on which it is based.
Any person who is registered or deemed to be registered in terms of this Act shall, in the practice of his profession, only state particulars of those degrees, diplomas or certificates entered in the appropriate register against his name.
(a) The board council may delegate any of the powers conferred upon it by this section to the registrar, but shall not be divested of any power so delegated.
Any registration or refusal of registration by the registrar in the exercise of a power delegated to him in terms of paragraph (a), shall be of full force and effect, unless it is set aside or amended by the board council at its first meeting following upon the date on which such registration or refusal of registration occurred.
in the opinion of the board not yet gained sufficient practical experience, shall acquire, including the determination of a period during which, and the designation of a place or places where and the person or persons under whose supervision, such compulsory practical experience shall be acquired.
Insertion of section 16 in Act 63 of 1982 7.
The Minister may, at the request of the council, by notice in the Gazette declare the provisions of this Act to be applicable to any profession which has as its object the treatment, prevention or relief of physical defects, illnesses or deficiencies in man, excluding the profession of a chiropractor or homeopath or any profession to which the provisions of the Pharmacy Act, 1974 (Act No. 53 of 1974), the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), the Nursing Act, 1978 (Act No.50 of 1978), or the Dental Technicians Act, 1979 (Act No. 19 of 1979), apply.
The Minister may, on the recommendation of the council, by regulation define the scope of any allied health service profession by specifying the acts which shall for the purposes of the application of this Act be deemed to be acts pertaining to that profession: Provided that such regulation shall not be made unless the professional board concerned which has been established in terms of section 10A(3) in respect of any allied health service profession and may in the opinion of the Minister be affected by such regulation, has been given an opportunity of submitting, through the council, representations as to the definition of the scope of the profession concerned: Provided further that if there is a difference of opinion between the council and such professional board as to the definition of the scope of the profession concerned, the council shall mention such fact in its recommendation..
Substitution of section 16B of Act 63 of 1982, as inserted by section 6 of Act 108 of 1985 8.
16B. (1) Subject to the provisions of subsection (2), the Minister may from time to time, on the recommendation of the board council, prescribe the qualifications obtained by virtue of examinations conducted by a university or other examining authority which, when held singly or conjointly with any other qualification, shall entitle any holder thereof to registration under this Act as a chiropractor or, homeopath or practitioner of an allied health service profession, as the case may be, if he has, before or in connection with or after the acquisition of the qualification in question, complied with such conditions or requirements as may be so prescribed.
the board council is satisfied that possession of such qualification indicates a standard of professional training lower that that prescribed in respect of the training of chiropractors or, homeopaths or practitioners of allied health service professions within the Republic.
Substitution of section 16C of Act 63 of 1982, as inserted by section 6 of Act 108 of 1985 and amended by section 3 of Act 10 of 1990 9.
16C. (1) The board council may accept a qualification other than a qualification referred to in section 16B, for the purpose of registration under this subsection, if such qualification, in the opinion of the board council, indicates a satisfactory standard of professional education, and may, subject to the provisions of subsections (2) and (3) and section 15(1) and (2), register any person as a chiropractor or, homeopath or practitioner of an allied health service profession who possesses such qualification and who, in the opinion of the board council, possesses sufficient professional knowledge and ability and is proficient in at least one of the official languages of the Republic.
in such area or areas as the board council may determine; and (c) subject to such further conditions as the board council may determine.
The board council may for the purposes of subsection (2)(a) require the person concerned to sit for such examination or examinations as the board council may determine.
prohibiting a person who has failed such examination a prescribed number of times, from sitting again for such an examination.
If at the expiration of the period referred to in subsection (2)(a) the board council is satisfied that a person registered in terms of subsection (l) complies with the requirements of subsection (2)(a)(i) and (ii), it shall exempt such person from all restrictions imposed in respect of him under subsection (2) this section, and if the board council is not so satisfied, he shall remove the name of such person from the register.'7.
Substitution of section 16E of Act 63 of 1982, as inserted by section 6 of Act 108 of 1985 10.
16E. (1) For the purposes of promoting education or training in chiropractic or, homeopathy or any allied health service profession the board1 council may, notwithstanding the provisions of this Act, register any person not permanently resident within the Republic as a chiropractor or homeopath in the profession in which he gives education or training, for such period as the board council may determine.
Any person registered in terms of subsection (1), may give demonstrations education or training at institutions approved for that purpose by the board council, relating to {chiropractic or homeopathic techniques, as the case may bethe profession concerned for such period as the board council may determine.
Amendment of section 16F of Act 63 of 1982, as inserted by section 6 of Act 108 of 1985 11.
(1) Every educational institution at which a qualification can be obtained which entitles any holder thereof to registration under this Act as a chiropractor or homeopath, excluding a university or technikon established by or under an Act of Parliament, shall furnish the board council on its request with such information relating to entrance requirements, curricula and syllabuses, examinations and any related matter as the board council may from time to time require.
If any educational institution referred to in subsection (1) fails or refuses to furnish any information requested by the board council under that subsection, or if it appears to the board council that any provision of this Act is not being properly complied with by any such educational institution and that such improper compliance is having or may have an adverse effect on the relevant standards of education in chiropractic or homeopathy maintained at that educational institution, the Minister may, on the recommendation of the board council, by notice in the Gazette declare that any specified qualification granted by such educational institution after a date specified in the notice shall not entitle any holder thereof to registration under this Act.
(5) The board council may appoint a person to be present whenever tests are being conducted by any educational institution referred to in subsection (1) in respect of the academic progress made by students in chiropractic or homeopathy at such educational institution and to report to the board council upon such tests.
The person in charge of an educational institution referred to in subsection (1) shall forthwith notify the board council of the termination of the education or training of a student in chiropractic or homeopathy at such institution, whether by reason of the abandonment or completion of education or training or the transfer of such student to another such institution, or for any other reason.77.
Substitution of section 18 of Act 63 of 1982, as substituted by section 7 of Act 108 of 1985 12.
Any person who desires to be registered as a student in chiropractic or, homeopathy or an allied health service profession shall in writing apply therefor to the board council, and such application shall be accompanied by the prescribed particulars and registration fee.
If the board council is satisfied that the applicant is entitled to registration as such a student, it shall cause the necessary entry to be made in the register, and the registrar shall thereafter issue to the applicant a registration certificate in the prescribed form.
Amendment of section 21 of Act 63 of 1982, as amended by section 10 of Act 108 of 1985 13.
The board council may instruct the registrar.
by the addition to subsection (1) of the following paragraph: "(f) has been registered in error or through fraud.".
(2) Notice of the removal by virtue of the provisions of any one of paragraphs (b) up to and including (e) (f) of subsection (1) of his name from the register shall be given by the registrar to the person concerned by registered letter sent through the post to his address appearing in the register.
"(5) The council shall not under subsection (1) instruct that the name of any person be removed from any register kept under section 15(3)(b) unless the council has consulted with the professional board (if any) established in respect of the profession concerned.".
Substitution of section 23 of Act 63 of 1982, as amended by section 11 of Act 108 of 1985 14.
The boar council may in respect of chiropractors or homeopaths, and a professional board may in the case of a practitioner practicing an associated health service profession in respect of which such professional board has been established, institute an inquiry into any complaint, charge or allegation of improper or disgraceful conduct against any practitioner and may on finding the practitioner concerned guilty of such conduct. in the case of the council, impose any of the penalties referred to in section 24(1) or, in the case of a professional board recommend the imposition of any such penalty in terms of subsection (3): Provided that in the case of a complaint, charge or allegation which forms or is likely to form the subject of criminal proceedings, the board council or the professional board concerned, as the case may be, may postpone the holding of an inquiry until those proceedings have been disposed of.
Whenever the board council or a professional board, as the case may be, is in doubt as to whether an inquiry shall be held, it may in connection with the complaint, charge or allegation in question consult with or seek information from any person, including the practitioner against whom the complaint charge or allegation has been lodged.
If a professional board holding an inquiry under this section, finds the person charged guilty of improper or disgraceful conduct or of conduct which in consideration of the profession in respect of which that person is registered, is improper or disgraceful, it shall note its finding and inform such person thereof, and shall at the same time inform such person of the penalty the imposition of which it intends to recommend to the council, and it shall before the next ensuing meeting of the council submit to the council the minutes of the proceedings at the inquiry together with the recommendation concerning a proper penalty.
Any person found guilty in terms of subsection (3), may at any time before the next ensuing meeting of the council, submit to the council written representations in regard to the finding made by the professional board and the penalty recommended by it.
that the finding is correct, it may impose upon the person concerned any penalty referred to in section 24.
The provisions of sections 24(2) up to and including (8) and 25 shall mutatis mutandis apply in respect of any inquiry conducted by any professional board referred to in subsection (1).
to the prescribed form of a summons shall be deemed to be a summons as prescribed for use by a professional board.
Amendment of section 24 of Act 63 of 1982, as amended by section 12 of Act 108 of 1985 15.
"(d) a fine not exceeding R2 000 R10 000."
(9) If any person registered in terms of this Act is alleged to be guilty of improper or disgraceful conduct or conduct which, in consideration of the profession in respect of which that person is registered, is improper or disgraceful, and the council or a professional board is of the opinion that on conviction after an inquiry under section 23, a fine not exceeding R2 500 shall be imposed upon him the council or professional board may issue a summons as prescribed against such person upon which an endorsement is made by the council or a professional board that such person may admit that he is guilty of the said conduct and that he may pay the fine stipulated.
If a person summoned in terms of subsection (9), admits his guilt in respect of the conduct referred to in subsection (1) by paying the stipulated fine to the council before a date specified in the summons, an inquiry shall not be held under section 23.
Payment of a fine in terms of subsection (10) shall not be regarded as a previous conviction with regard to any subsequent inquiry into the conduct of such person and shall not be published in the Gazette in terms of subsection (2).
The Minister may, on the recommendation of the council, by notice in the Gazette amend the amount referred to in subsection (9)..
Substitution of section 25 of Act 63 of 1982, as amended by section 13 of Act 108 of 1985 16.
impose any penalty referred to in section 24(1)(b) or (c)or (d), but order the execution of the penalty (or any part thereof in the case of a penalty referred to in section 24(1)(b)) to be suspended for such period and on such conditions as it may determine.
If at the end of the period for which the imposition of a penalty has been postponed in terms of subsection (1)(a), theboard council is satisfied that the practitioner concerned has observed all the relevant conditions the board council shall inform him that no penalty will be imposed upon him.
If the execution of a penalty or any part thereof has been suspended in terms of subsection (1)(b) and the board council is satisfied that the practitioner concerned has observed all the relevant conditions throughout the period of suspension, the board council shall inform him that the penalty will not be executed.
If the execution of a penalty or any part thereof has been suspended in terms of subsection (1)(b) and the practitioner concerned fails to observe any one of the conditions of suspension, the board council shall execute the penalty unless that practitioner satisfies the board council that the non-observance of the condition concerned was due to circumstances beyond his control.
Substitution of section 27 of Act 63 of 1982, as substituted by section 15 of Act 108 of 1985 17.
Any practitioner who, either before or after registration, has been convicted in the Republic or elsewhere of any offence, may be dealt with by the board council or a professional board concerned in teens of this Chapter if the board council or professional board concerned is of the opinion that the offence concerned constitutes conduct which is improper or disgraceful or which in consideration of any profession in respect of which the practitioner concerned is registered, is improper or disgraceful, and that practitioner shall, upon proof of the conviction, be liable to one or other of the penalties referred to in section 24(1): Provided that the said practitioner shall, before any penalty is imposed, be afforded the opportunity of tendering an explanation to the board council or professional board concerned in mitigation of any such penalty.
When in the course of any criminal proceedings it appears to the court that there is prima facie proof of conduct contemplated in section 24(1) on the part of a practitioner, the court shall direct that a copy of the record of the proceedings or of such portion thereof as is material to such conduct, be transmitted to the board council.
If the practitioner practices a profession in respect of which a professional board has been established, the council shall transmit a copy of the record referred to in paragraph (a) to such professional board.
Substitution of section 29 of Act 63 of 1982, as amended by section 16 of Act 108 of 1985 18.
(a) The board council shall from time to time make rules specifying the acts or omissions in respect of which the board council or a professional board as the case may be, may take disciplinary action under this Chapter: Provided that the powers of the board council or a professional board to inquire into and take any action in connection with any complaint, charge or allegation of improper or disgraceful conduct against any practitioner in terms of this Chapter, shall not be limited to the acts or omissions so specified.
Any rule contemplated in paragraph (a) referring to an allied health service profession shall only be made after consultation with the professional board concerned (if any).
No rule made under subsection (1) shall be of force and effect until approved by the Minister and published in the Gazette.
The Minister may after consultation with the executive committee of the board council, subject to subsection (1)(b), and if he deems it to be in the public interest, amend or repeal any rule made under subsection (1).
Amendment of section 31 of Act 63 of 1982, as amended by section 18 of Act 108 of 1985 19.
any person exercising a profession to which the provisions of the Pharmacy Act, 1974 (Act No. 53 of 1974), the Medical Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), or the Nursing Act, 1978 (Act No. 50 of 1978), or the Dental Technicians Act, 1979 (Act No.
a chiropractor or homeopath of performing any act pertaining to an allied health service profession, if such act is an act which also pertains to the profession of a chiropractor or homeopath, as the case may be.
Amendment of section 32 of Act 63 of 1982 20.
"A practitioner in the profession of homeopath, naturopath, osteopath or herbalist or any allied health service profession or a student who is registered in respect of any such profession shall not-".
Amendment of section 38 of Act 63 of 1982, as amended by section 22 of Act 108 of 1985 and section 27 of Act 94 of 1991 21.
"(b) Any regulation pertaining to a professional board or the profession in respect of which it is established, shall be made only after consultation with the professional board concerned."
"(4) Any regulation made under this section may prescribe a penalty for any contravention thereof or failure to comply therewith not exceeding a fine of R100 of a fine, or imprisonment for a period not exceeding three months.".
Insertion of sections 38B and 3XC in Act 63 of 1982 22.
by the removal of his name from a register under section 21(1), may within a period of three months after the date of such refusal, imposition of penalty or removal, appeal to an appeal committee.
two practitioners who practice the same profession as the appellant concerned, who have no direct interest in the affairs of the appellant or are not in the employment of the appellant and who are not members of the council or professional board concerned.
The appellant may appear in person or through a legal representative before the appeal committee, or submit written statements or arguments in support of his appeal.
The procedure in connection with the noting and prosecution of an appeal in terms of this section, shall be as prescribed.
The appeal committee hearing an appeal under this section, may confirm or set aside the refusal, penalty or removal forming the subject of the appeal, and may, if it is set aside, give such judgment as in its opinion ought to have been given by the council or committee and may direct the council to do everything necessary to give effect to the judgment of the appeal committee.
The commencement of a refusal, penalty or removal against which an appeal is lodged, shall be suspended by the lodging of an appeal in terms of subsection (1), until the appeal is disposed of by the appeal committee or withdrawn by the appellant.
Any member of the appeal committee who is not in the full-time service of the State, may be paid such remuneration and allowance as the Minister may from time to time determine with the concurrence of the Minister of State Expenditure.
38C. (1) The Minister may, on the recommendation of the council, by notice in the Gazette exempt any juristic person or class of juristic persons specified in the notice, either generally or subject to such conditions as may be specified in the notice, from the operation of any of the provisions of this Act, so as to enable such juristic person to practice a profession, likewise specified, in respect of which registration in terms of this Act is a prerequisite for practicing.
Any reference in this Act or any other law to a person registered in terms of this Act to practice a profession referred to in subsection (1) or to a partner of or a partnership in relation to such registered person shall be deemed to include a reference to a juristic person referred to in subsection (1) or to a member of such a juristic person, as the case may be, unless the context otherwise indicates.
The Minister may, on the recommendation of the council, at any time by notice in the Gazette amend or repeal any notice issued under subsection (1).
Substitution of word in Act 63 of l9X2 23.
The principal Act is hereby amended by the substitution for the word "board", wherever it occurs, of the word "council".
Substitution of section 43 of Act 63 of 1982 24.
This Act shall be called the Associated Health Service Professions Chiropractors, Homeopaths and Allied Health Service Professions Act, 1982 and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Substitution of long title of Act 63 of l9X2 25.
Chiropractors, Homeopaths and Allied Health Service Professions Council and to determine its functions; and for matters connected therewith.
Any reference in any law or document in force immediately prior to the commencement of this Act, to the South African Associated Health Service Professions Board, shall, unless inconsistent with the context or otherwise clearly inappropriate, be construed as a reference to the Chiropractors, Homeopaths and Allied Health Service Professions Council.
The provisions of this Act shall not derogate from the rights of any person who, immediately prior to the commencement of this Act, is deemed under section 42(3) of the Associated Health Service Professions Act, 1982 (Act No. 63 of 1982), to be registered as a naturopath, osteopath or herbalist, and in respect of the practicing of his profession such person shall remain subject to the provisions of the latter Act as amended from time to time.
This Act shall be called the Associated Health Service Professions Amendment Act, 1993.
<fn>GOV-ZA.14888En.2012-02-10.en.txt</fn>
To permit, regulate and restrict the use of certain designations relating to chartered accountants; and to provide for incidental matters.
(Assented to 17 June 1993.
WHEREAS the Chartered Accountants Designation (Private) Act, 1927 (Act No. 13 of 1927), as amended by the Chartered Accountants Designation Amendment (Private) Act, 1971 (Act No.
Every member of The South African Institute of Chartered Accountants or of any successor in title to that Institute and every memberof The Cape Society of Chartered Accountants or The Natal Society of Chartered Accountants or The Orange Free State Society of Chartered Accountants or The Transvaal Society of Chartered Accountants, or of any successor in title to any of the aforementioned Societies, shall be entitled to use the designation "Chartered Accountant", "Geoktrooieerde Rekenmeester", "Chartered Accountant (South Africa)", "Geoktrooieerde Rekenmeester (Suid-Afrika)", "Chartered Accountant (S.A.)" or "Geoktrooieerde Rekenmeester (S.A.)", or the initials "F.C.A. (S.A.)", "A.C.A. (S.A.)", "C.A.", "G.R.", "C.A. (S.A.)" or "G.R. (S.A.)".
Any company, close corporation or other body, firm or partnership which engages in public practice as accountants and auditors and of which every shareholder, every director, every member or every partner, as the case may be, is a member of the Institute or of one of the Societies referred to in subsection (1) shall be entitled to use the designations or initials referred to in that subsection.
A member of a body of chartered accountants established outside the Republic of South Africa may use the designation or initials which he is entitled to use by virtue of his membership of that body, provided the country where the qualification was obtained is clearly indicated in or after the designation or initials.
No person, whether or not he is entitled to use any designation or initials referred to in section 1 (1) or 2, may use, or permit the use of, such designation or initials in the name or business style of any company, close corporation or other body, firm or partnership which does not engage in public practice as accountants and auditors.
Any person who uses any designation or initials referred to in section 1 (1), either alone or in combination with any other words or initials or any name, title or description, shall be guilty of an offence and liable on conviction to a fine not exceeding R20 000 unless he proves that he is a member of the Institute or one of the Societies referred to in that section.
Any person who permits a company, close corporation or other body, firm or partnership to use any designation or initials referred to in section 1 (1), either alone or in combination with any other words or initials or any name, title or description, when any shareholder, director, member or partner of such company, close corporation or other body, firm orpartnership is not entitled to use such designation or initials, shall be guilty of an offence and liable on conviction to a fine not exceeding R20 000.
Any person who contravenes the provisions of section 2 or 3 shall be guilty of an offence and liable on conviction to a fine not exceeding R20 000.
The Chartered Accountants Designation (Private) Act, 1927 (Act No. 13 of 1927), and the Chartered Accountants Designation Amendment (Private) Act, 1971 (Act No. 97 of 1971), are hereby repealed.
Nothing in this Act contained shall be construed as prohibiting anyperson who, immediately prior to its commencement, lawfully used any designation or initials referred to in section 1 (1) or 2, from so using such designation or initials.
This Act shall be called the Chartered Accountants Designation (Private) Act, 1993.
<fn>GOV-ZA.14889En.2012-02-10.en.txt</fn>
To amend the Correctional Services Act, 1959, so as to defineor further define certain expressions and to delete certain definitions; to regulate the structure of institutional committees and parole boards; to provide for the utilization of experts who are not members of the Department; to regulate the promotion and transfer of members; to provide for the granting of monetary or other rewards to persons who are not members of the Department 1 but who promote the interests of the Department; to further regulate the granting and withdrawal of prisoners' privileges; toregulate the earning of credits by prisoners; to provide for the recapture of prisoners who were released erroneously; to regulatedisciplinary hearings of prisoners by institutional committees; todefine the powers, functions and duties of correctional boards, parole boards, institutional committees and the National AdvisoryCouncil on Correctional Services; to regulate the placement of prisoners on parole; to define the powers of the State President and the Minister with regard to special releases and remissions ofsentence; to provide for special measures to reduce the prison population; to regulate the placement on parole or release of prisoners on medical grounds; to regulate the use of isolation cells; to authorize the payment of boarding fees by prisoners on daily parole; to extend the power of the Minister to delegate; toprovide for the regulation of labour relations in the Department;and to empower the Minister to make regulations regarding the general administration and management of prisons, the manner in which certain sentences are to be served and the attendance of witnesses at Departmental hearings; to amend the Prisons AmendmentAct, 1978, so as to delete obsolete expressions; and to provide for matters connected therewith.
Amendment of section 1 of Act 8 of 1959, as amended by section 1 of Act 75 of 1965, section 46 of Act 70 of 1968, section 1 of Act 88 of 1977, section 1 of Act 58 of 1978, section 1 of Act 22 of 1980, Government Notice No. 2302 of 31 October 1980, section 1of Act 43 of 1981, section 1 of Act 65 of 1982, section 1 of Act 104 of 1983, section 1 of Act 6 of 1985, section 1 of Act 92 of 1990 and section 1 of Act 122 of 1991 1.
" 'State patient' means a State patient as defined in section 1 of the Mental Health Act, 1973 (Act No. 18 of 1973);".
Amendment of section 4 of Act 8 of 1959, as substituted by section 48 of Act 70 of 1968 and amended by section 14 of Act 62 of 1973,section 31 of Act 97 of 1986 and section 4 of Act 122 of 1991 2.
discharge, dismiss or reduce in rank, any officer.
Amendment of section 5A of Act 8 of 1959, as inserted by section 3 of Act 22 of 1980 and amended by section 6 of Act 122 of 1991 3.
"(2) An institutional committee shall consist of so many members who may be members and non-members of the Department as the Commissioner may determine and of whom one of the former shall be designated by the Commissioner as chairman of that committee."
"(5) Any member of a correctional board or of a parole boar may attend any meeting of the institutional committee at the prison where such correctional board or parole board is appointed, but cannot vote on a matter before the institutional committee.".
Insertion of section 5C in Act 8 of 1959 4.
5C. (1) The Commissioner shall appoint one or more boards, to be styled parole boards, to perform the functions and duties entrusted to or imposed upon a parole board by or under this Act.
at least one shall in respect of each prisoner who appears before such board, be a member of the institutional committee at the prison where the prisoner in question is being detained.
A member of a parole board shall hold office for such period and on such conditions as the Commissioner may determine.
The members of a parole board who are not in the full-time service of the State, may receive such remuneration and allowances as the Minister may, on the recommendation of the Commission for Administration, determine with the concurrence of the Minister of State Expenditure.
Any member of a correctional board may attend any meeting of the parole board at the prison where such correctional board is appointed, but may not vote on a matter before the parole board.
Substitution of section 7 of Act 8 of 1959, as substituted by section 1 of Act 6 of 1975 5.
Apart from commissioned officers appointed under section 4(1) and members of the Department appointed under section 8 who hold posts as chaplains, psychologists, social workers or educationists on the fixed establishment of the Department, the Commissioner may from time to time appoint, as temporary correctional officials or voluntary workers, one or more ministers of religion, psychologists, social workers, educationists or other suitable persons, to render such services and to perform such functions, in respect of any prisoner or group of prisoners or on behalf of a probationer, as the Commissioner may determine.
A minister of religion, psychologist, social worker, educationist or other person contemplated in subsection (1) shall be paid the allowances determined by the Commissioner on the recommendation of the Commission for Administration and after consultation with the Department of State Expenditure: Provided that any other remuneration paid by the State to such a person shall not be affected by this provision.
Insertion of section 9G in Act 8 of 1959 6.
the Commissioner may exempt a member who is exceptionally skilled or who has special qualifications or who renders exceptional service or who has successfully completed a prescribed departmental training course, from such personnel requirements in order to promote or transfer him.
Amendment of section 19 of Act 8 of 1959, as amended by section 8of Act 92 of 1990 7.
"(3) The Commissioner may with the approval of the Minister award a monetary or other reward to a person who performs an act which promotes the interests of the Department or of a member of the Department and which justifies such award.".
Substitution of section 22 of Act 8 of 1959, as substituted by section 4 of Act 58 of 1978 8.
notwithstanding anything to the contrary contained in any law, withdraw or amend any privilege or indulgence granted in terms of paragraph (a) to any prisoner without furnishing any reason and without hearing such prisoner or any other person if it is in the interests of the administration of prisons.
Insertion of section 22A in Act 8 of 1959 9.
a prisoner sentenced to imprisonment for up to and including six months shall, unless the institutional committee awards him fewer credits, be deemed to have been awarded the maximum number of credits.
The number of days and months earned by a prisoner as credits may be taken into account in determining the date on which a parole board may consider the placement of such prisoner on parole. (3) In the calculation of credits, a fraction of a day shall be regarded as a full day.
Amendment of section 27 of Act 8 of 1959, as amended by section 4of Act 88 of 1977, section 6 of Act 58 of 1978 and section 8 of Act 104 of 1983 10.
Section 27 of the principal Act is hereby amended by the substitution in paragraph (d) of subsection (2) for the expression "President's patient" wherever it occurs of the expression "Statepatient".
Amendment of section 30 of Act 8 of 1959, as amended by section 3of Act 6 of 1985 11.
Section 30 of the principal Act is hereby amended by the deletion of subsection (5).
Amendment of section 32 of Act 8 of 1959, as amended by section 14of Act 101 of 1969 12.
that one or more life sentences and one or more such indeterminate sentences, or two or more life sentences, or two ormore such indeterminate sentences, shall also run concurrently.
Subject to the provisions of the second proviso to subsection (2), the date of expiry of any sentence of imprisonment being served by a prisoner who escapes from lawful custody or whois unlawfully discharged erroneously released shall, subject to the provisions of section 32A(3), upon hisrecapture or rearrest be postponed for a period equal to the period by which such sentence was interrupted by reason of such escape or discharge release.
Insertion of section 32A in Act 8 of 1959 13.
32A. (1) If the Minister reasonably suspects that a prisoner has been released from a prison erroneously, whether in terms of any law or not, he may issue a warrant for the rearrest of such prisoner, which warrant may be executed by any peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and shall serve as authority for the detention of such prisoner in a prison for a period not exceeding 72 hours.
During the period of such prisoner's detention as contemplated in subsection (1), the Minister shall submit all relevant documents including those submitted by the prisoner, if any, to a judge in chambers: Provided that if the period of 72 hours referred to in subsection (1) expires on a day on which no such judge is available. the said period shall be deemed to expire at four o'clock in the afternoon of the next succeeding day on which such judge is available.
If such judge finds that such prisoner was erroneously released, he may order the prisoner to serve the unexpired portion of his I sentence as contemplated in section 32(3) in full or partially.
Repeal of section 38 of Act 8 of 1959 14. Section 38 of the principal Act is hereby repealed.
Repeal of section 39 of Act 8 of 1959 15. Section 39 of the principal Act is hereby repealed.
Amendment of section 51 of Act 8 of 1959 16.
to be kept in solitary confinement in an isolation cell with or without light labour for a period not exceeding forty-twodays, twenty eight days of which may be ordered to be passed on reduced diet: Provided that no continuous period passed on reduced diet shall exceed fourteen days, and that at least fourteen days shall elapse between one period passed on reduced diet and another such period to pay partial or full compensation for any damage caused by the misdemeanour of which he has been found guilty: Provided that the magistrate may suspend the operation of any penalty imposed in terms of this subsection, or any part of that penalty, for a period not exceeding three years on any condition relating to good conduct or otherwise.
No person shall be permitted to attend any court held at a prison or at a place designated in terms of subsection (1) unless he is a witness summoned to attend the trial thereat or is specially authorized to attend by the magistrate presiding over that court, or unless he has received a special authority to attend from the Commissioner: Provided that the accused shall in all cases at any hearing be entitled to have present, and to be represented by, his legal adviser.
Substitution of section 54 of Act 8 of 1959, as amended by section 18 of Act 75 of 1965, section 5 of Act 9 of 1971, section 12 of Act 58 of 1978, section 5 of Act 22 of 1980 and section 14 of Act104 of 1983 17.
An institutional committee may conduct a discipliner hearing at a prison or at a place designated by the Commissioner for that purpose, against any prisoner (hereinafter referred to as the accused) for any alleged contravention of or failure to comply with any provision of any regulation, whether such contravention or noncompliance is alleged to have taken place within or outside a prison. (2) Apart from the minutes contemplated in subsection (3), no record of the proceedings shall be kept.
The chairman of the institutional committee shall keep minutes or cause minutes signed by him to be kept containing particulars of the offence, verdict, reasons for the verdict and disciplinary measures imposed.
If, as a result of the absence or incapacity of the chairman or one or more members of an institutional committee, only one member of the committee which commenced hearing the proceedings is available to complete a hearing in terms of this section, such hearing shall commence de novo before a new committee consisting of at least two members.
Subject to the provisions of this section, the rules of the law of evidence shall not apply to the proceedings in terms of this section and an institutional committee may ascertain any relevant fact in such manner as it may deem fit.
Evidence to prove or to disprove any question in issue may be submitted in writing or orally.
No examination or cross-examination by an accused shall be allowed except with the consent of the chairman, but the institutional committee shall proceed inquisitorially to ascertain the relevant facts, and to that end the institutional committee may interrogate the accused or a witness at any stage of the proceedings.
The accused may, with the permission of the chairman of the institutional committee, call one or more witnesses.
The chairman referred to in paragraph (a) shall have the power to decide that sufficient evidence has been adduced on which a decision can be arrived at, and to order that no further evidence shall be adduced: Provided that the accused shall in every case be afforded the opportunity to put his case.
No person shall testify or be interrogated before an institutional committee unless the prescribed oath has been administered to him or the prescribed affirmation has been accepted from him in the presence of the institutional committee.
No legal representation shall be allowed during the proceedings.
Upon completion of the proceedings, an institutional committee may find such accused guilty if it is satisfied beyond reasonable doubt that the accused has committed the offence in question.
If found guilty the accused shall be given an opportunity to address the institutional committee with regard to mitigation of the disciplinary measures to be imposed on him, which address shall be noted verbatim.
the classification of a prisoner in terms of section 22(1)(b) shall not, as a disciplinary measure imposed under this section, be altered in any way.
If, during the proceedings, the accused acts in such a way as to cause the continuation of the proceedings in his presence to be impracticable, the chairman of the institutional committee may order that he be removed and that the proceedings continue in his absence.
No person shall be permitted to attend the proceedings at a prison or at a place designated in terms of this section for the hearing of a disciplinary offence, unless he is a witness summoned to attend the proceedings thereat or is specially authorized to attend by the chairman of the institutional committee presiding over those proceedings, or by the Commissioner.
No person whose mental state is being investigated in terms of section 30 of the Mental Health Act, 1973 (Act No. 18 of 1973), or who is suspected of being mentally ill, shall be regarded as an accused for the purposes of this section until a certificate is issued in terms of the aforementioned Act which indicates that the accused is mentally competent.
Deliberations by the members of the institutional committee to determine the verdict as well as suitable disciplinary measures shall take place behind closed doors.
A decision of the majority of the members who heard the matter shall be the decision of the institutional committee, and in the event of an equality of votes the chairman shall in addition to his deliberative vote have a casting vote.
Repeal of section 56 of Act 8 of 1959 18. Section 56 of the principal Act is hereby repealed.
Amendment of section 57 of Act 8 of 1959 19.
"(1) Any person summoned as a witness at a trial under section 50, 51 or 53, or fifty-four at a disciplinary hearing under section 54 or at an enquiry or investigation under section 13 or 55 to give evidence or to produce any document or thing which in criminal proceedings in a magistrate's court hecould be compelled to produce, and who fails to attend such trialor such enquiry or investigation or to produce such document or thing or to answer any question lawfully put to him thereat, shall be guilty of an offence and liable on conviction before a magistrate's court to such penalty as he would have been liable toif he had failed upon lawful summons to attend any trial at the magistrate's court of the district in which the trial or enquiry or investigation is held, or being a witness at a trial before a magistrate's court, had refused to answer any question lawfully put to him thereat.".
Substitution of section 58 of Act 8 of 1959 20.
Save as is provided in subsections (2) and (3), the proceedings at any trial under this Act, other than a hearing contemplated in section 54, at a prison or at a placedesignated by the Commissioner for the trial of any offence or other contravention shall be in the manner and form, as nearly aspracticable, as in summary proceedings in a magistrate's court atthe hearing and determination of criminal cases.
No person shall be permitted to attend any court held at a prison or at a place so designated for the a trial of any offence or other contravention contemplated in subsection (1), unless he is a witness summoned to attend the trial thereat or is specially authorized to attend by the commissioned officer or magistrate presiding over that court, or has received a special authority to attend from the Commissioner: Provided that the accused shall in all cases at any such hearing be entitled to have present, and to be represented by, his legal adviser.
Failure of the accused to attend the hearing contemplated in subsection (1) either personally or through his legal adviser, shall not invalidate the proceedings.
Substitution of Chapter VI of Act 8 of 1959 21.
discuss any matter connected with the effective functioning of the Department and make suggestions in that regard to the regional commissioner or commander of the area concerned.
exercise the other powers and perform the other functions and duties prescribed by regulation.
If a prisoner is not satisfied with the decision or recommendation of the institutional committee, he may submit a complaint or request in the manner prescribed by regulation after the reasons for the decision or recommendation have been made known to him.
If a prisoner has, in terms of subsection (2), indicated that he is not satisfied with the decision of the institutional committee, the Commissioner may, after having obtained and considered the verbal or written remarks of the prisoner and the institutional committee, ratify, amend, declare null and void or replace a decision of the institutional committee if it is necessary in the interests of the treatment, training, rehabilitation or welfare of such prisoner or for the discipline, good order or safety of the prison in question: Provided that any amendment or replacement of such decision by the Commissioner shall not adversely affect the prisoner.
the placement of such prisoner under correctional supervision by virtue of a sentence contemplated in section 276(1)(i), 276A(3)(a)(ii) or 287(4)(a) of the Criminal Procedure Act, 1977 (Act No.
exercise such other powers and perform such other functions and duties as may be prescribed by regulation.
the generation of revenue by the Department; and any other matter which is in the interests of the efficient running of the Department.
A prisoner shall be released upon the expiration of the term of imprisonment imposed upon him.
A prisoner may, in accordance with the provisions of this section after the report submitted by the parole board in terms of section 63 has been studied, be placed on parole before the expiration of his term of imprisonment if he accepts the conditions of such placement.
A placement contemplated in subsection (2) shall be subject to the conditions mentioned in the warrant for such placement and shall extend for the period between the date of such placement and the expiration of the term of imprisonment.
The Commissioner may at any time cancel or amend any condition in respect of the placement of a prisoner on parole, including those contemplated in paragraph (a) and in sections 66,67 and 69, or add new conditions if it is in the interests of the prisoner's treatment, rehabilitation or integration into the community or in the interests of the community.
Before acting in terms of subparagraph (i) the Commissioner shall make the reasons for the proposed action known to the prisoner and shall afford him an opportunity to be heard in regard thereto.
If the prisoner does not accept the amended conditions, his placement on parole shall be cancelled, after which he shall be detained in a prison for the unexpired period of his sentence of imprisonment: Provided that the Commissioner may at a later date place such prisoner on parole once more should the prisoner accept the amended conditions.
If the Commissioner is satisfied that a prisoner has, during the period of parole, failed to observe any condition of such parole, he may issue a warrant for the arrest of that prisoner, which may be executed by any peace officer defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and which shall serve as authority for the detention of the prisoner until the Commissioner has heard the prisoner and has had sufficient opportunity to hear other evidence in this regard, which detention shall not exceed 72 hours.
If, after he has ascertained all the relevant facts, the Commissioner is still satisfied that the prisoner has contravened a condition of his parole, he may order that the prisoner's placement on parole be withdrawn partially or completely and that the prisoner be detained for a period not exceeding the unexpired portion of his sentence of imprisonment, calculated as from the date on which he contravened the condition.
A prisoner serving a determinate sentence or any of the sentences contemplated in subparagraphs (ii) and (iii) of paragraph (b) shall not be considered for placement on parole until he has served half of his term of imprisonment: Provided that the date on which consideration may be given to whether a prisoner may be placed on parole may be brought forward by the number of credits earned by the prisoner.
an indeterminate sentence, by virtue of his having been declared an habitual criminal, shall be detained in a prison until, after a period of at least seven years, he is placed on parole.
Upon receipt of a report from a parole board regarding a prisoner who has been sentenced to life imprisonment, the Minister shall refer the matter to the National Advisory Council, which, after considering the report of the parole board, and having regard to the interests of the community, shall make a recommendation to the Minister regarding the placement of the prisoner on parole.
The Minister may, after considering such recommendation, authorize the placement of the prisoner on parole subject to any conditions which he may determine and as from a date determined by him up to the date of such prisoner's death.
that for any other reason it is desirable to place such prisoner on parole, the Commissioner may, subject to the provisions of subsection (4), authorize the placement of the prisoner on parole for a period of three years, subject to any conditions which he may determine.
After considering a report from a parole board submitted in terms of section 63 regarding a prisoner who has been sentenced to a determinate sentence or to imprisonment for corrective training or for the prevention of crime, the Commissioner may, subject to the provisions of subsection (4), place the prisoner on parole as from a date determined by him.
Without considering a report contemplated in section 63, the Commissioner may, subject to the provisions of subsection (4), place a prisoner sentenced to imprisonment for a period not exceeding six months on parole as from a date determined by him.
Notwithstanding anything to the contrary in any law contained, the State President may at any time authorize the placement on parole or unconditional release of any prisoner and may remit any part of a prisoner's sentence.
In any case where a placement on parole or release contemplated in subsection (1) of any prisoner is justified and urgent, the Minister may authorize the immediate placement on parole or release of the prisoner concerned, subject to any conditions which he may determine, in anticipation of the State President's approval: Provided that the Minister shall as soon as possible inform the State President of his decision and the conditions determined by him in anticipation of the State President's approval.
If the Minister is satisfied that the prison population in general or the population of a particular prison is reaching such proportions that the safety, human dignity and physical care of the prisoners are being materially affected detrimentally, he may on the recommendation of the National Advisory Council advance the date of the placement of any prisoner or group of prisoners on parole, subject to any condition which he may determine.
Notwithstanding any provision to the contrary the Minister may on the recommendation of the Commissioner grant to a prisoner who has rendered highly meritorious service a special remission of sentence not exceeding two years either unconditionally or on such conditions as he may determine.
whose release or placement on parole is expedient on the grounds of his physical condition or, in the case of a woman, her advanced pregnancy, may at any time, on the recommendation of the medical officer, be released unconditionally or placed on parole by the Minister.
Nothing in this Act shall affect the power of the State President to pardon or reprieve offenders.
Amendment of section 79 of Act 8 of 1959 22.
"(a) to confine a prisoner so as to ensure that the disciplinary measures imposed upon him in terms of section 51 or 54 can be applied effectively if no other cell is available which fits the purpose;".
Amendment of section 81 of Act 8 of l959, as substituted by section 20 of Act 58 of 1978 and amended by section 3 of Act 54 of 1979 23.
Section 81 of the principal Act is hereby amended by the substitution in subsection (3) for the expression "President's patient", wherever it occurs, of the expression "State patient".
Amendment of section 92A of Act 8 of 1959, as inserted by section 27 of Act 92 of 1990 24.
"(5) A boarding fee in accordance with a tariff determined by the Minister in consultation with the Minister of State Expenditure, may be levied from a prisoner to whom daily parole has been granted in terms of subsection (1).".
Amendment of section 93 of Act 8 of 1959, as amended by section 23 of Act 75 of 1965, section 51 of Act 70 of 1968, section 4 of Act 6 of 1985 and section 30 of Act 122 of 1991 25.
"(1) The Minister may delegate any of the powers vested in him by this Act (except sections 6(2), 19(2) and (20) section 94) to the Commissioner. ".
Amendment of section 94 of Act 8 of 1959, as amended by section 37 of Act 80 of 1964, section 24 of Act 75 of 1965, section 17 of Act 101 of 1969, section 8 of Act 92 of 1970, section 17 of Act 62 of 1973, section 6 of Act 43 of 198', section 20 of Act 104 of 1983, section 46 of Act 97 of 1986, section 28 of Act 92 of 1990 and section 31 of Act 122 of 1991 26.
"(y) the attendance of witnesses at trials or enquiries or investigations by commissioned officers, institutional committees and boards of enquiry under this Act and the payment of witness fees and travelling expenses;".
Substitution of section 23 of Act 58 of 1978 27. The following section is hereby substituted for section 23 of the Prisons Amendment Act, 1978 (Act No.
Substitution of section 88 of Act 8 of 1959, as amended by section 5 of Act 4 of 1972 23.
Canteens for the exclusive use or benefit of members of the Department, of Prisons, the families of such members and other persons or categories of persons prescribed by regulation, may be established and conducted on such conditions and in such manner as may be prescribed by regulation.
No licence moneys, tax, duty or fee (other than customs or excise or sales duties or value- added tax leviable by law) shall be payable by any person under any law or bye-law in respect of any canteen established in terms of subsection (1).
The production of an official document bearing the signature of the Minister or of a person authorized by him to sign any such document and indicating that he has certified the canteen shall be conclusive proof that it is a canteen as contemplated in subsection (1).
any canteen which before the date of commencement of section 23 of the Prisons Amendment Act, 1978, was certified by the Minister or any person authorized by him as contemplated in subsection (3), shall be deemed to be a canteen established on the conditions and in the manner referred to in subsection (1).'.
This Act shall be called the Correctional Services Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Different dates may be fixed in terms of subsection (1) in respect of different provisions of this Act.
Section 13 shall be deemed to have come into operation on 2 February 1990.
<fn>GOV-ZA.14891En.2012-02-10.en.txt</fn>
To amend the Public Accountants' and Auditors' Act, 1991, so as to further regulate the general powers of the Public Accountants' and Auditors' Board; to make further provision for the limitation of liability of auditors; and to provide for a certain inspection by that Board; and to provide for matters connected therewith.
(Afrikaans text signed by the State President.) (Assented to 17 June 1993.
Amendment of section 13 of Act 80 of 1991 1.
"(p) take any steps which it may consider expedient for the maintenance of the integrity, the enhancement of the status, and the maintenance and improvement of the standards of professional qualifications and of the competence, of accountants and auditors and encourage research in connection with problems relating to any matter affecting the accounting profession;".
Amendment of section 20 of Act 8O of 1991 2.
"(9A) Nothing in subsection (9) contained shall be construed as conferring upon any person any right of action against an auditor which, but for the provisions of that subsection, he would not have had.".
Insertion of section 22A in Act 80 of 1991 3.
22A. (1) For the purposes of section 13(p) the board, or any person from time to time authorized thereto by the board, may review the practice of an accountant and auditor and may inspect any book, document or thing in the possession or under the control of an accountant and auditor.
An accountant and auditor shall, at the request of the board, or the person authorized thereto by the board, produce a book, document or thing and shall not, subject to the provisions of any other law, refuse to produce such book, document or thing, even though he is of the opinion that that book, document or thing contains confidential information of his client.
An accountant and auditor who acts in good faith during the review of his practice or such inspection, and who produces a book, document or thing under subsection (2), shall not be held liable criminally or under the civil law as a result thereof.
when required to do so by order of a court of law; or at the written request of an attorney-general, to any competent authority which requires it for the institution, or an investigation with a view to the institution, of any criminal prosecution.
contravenes subsection (4); or obstructs or hinders any person in the performance of his functions under this section, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding one year.
Short title 4. This Act shall be called the Public Accountants' and Auditors' Amendment Act, 1993.
<fn>GOV-ZA.14892En.2012-02-10.en.txt</fn>
No. 1111.
To amend the Price Control Act, 1964, so as to amend or delete certain definitions; to repeal the provisions relating to the control of prices; to amend or delete certain obsolete expressions; and to replace the short title; and to provide for matters connected therewith.
Amendment of section 1 of Act 25 of 1964, as amended by section 1 of Act 80 of 1967, section 1 of Act 39 of 1976, section 17 of Act 60 of 1985 and section 2 of Act 6 of 1992 1.
" 'sell' includes agree to sell, or mark with a selling price, or offer or attempt to sell, or keep, expose, display or advertise for sale, or deliver in pursuance of a sale, or deliver or dispose of for any consideration, or sell by auction or by way of an a credit agreement as defined in the Hire Purchase Act, 1942 (Act No. 36 of 1942) Credit Agreements Act, 1980 (Act No. 75 of 1980), the date of any such credit agreement being deemed to be the date of sale, and 'sale' shall have a corresponding meaning;".
Substitution of section 2 of Act 25 of 1964 2.
The Minister may, subject to the laws governing the public service, appoint a Price Controller, who shall, subject to the control of the Minister, perform such functions and exercise such powers as may be assigned to or conferred upon him by this Act.
Substitution of section 3 of Act 25 of 1964 3.
as price control supervisors or inspectors, who shall, subject to the control of the controller, perform such functions and exercise such powers as may be assigned to or conferred upon them by this Act.
Repeal of section 4 of Act 25 of 1964 4. Section 4 of the principal Act is hereby repealed.
Amendment of section 7 of Act 25 of 1964 5.
"(i) with the maximum price at which such goods maybe are sold to any person or to any person of a specified class by any dealer or any particular dealer or any dealer of a specified class;".
Amendment of section 9 of Act 25 of 1964, as substituted by section 5 of Act 80 of 1967 and amended by section 2 of Act 39 of 1976 6.
"(1) The controller may from time to time by notice in the Gazette or, with the authority of the Minister, in the case of any particular person, by notice in writing prohibit the sale of any goods or the rendering of any service subject to conditions specified in the notice, or the refusal to sell any goods or render any service except subject to conditions so specified, or impose in respect of the sale of any goods or the rendering of any service such conditions as he may think fit whether the maximum price for the sale of such goods or the maximum charge for the rendering of such services has been fixed under this Act or not."
(7) If any person has been convicted on a charge of selling any goods contrary to a prohibition imposed under this section in that he required the purchaser of any particular goods to comply with a condition that the purchaser purchase from him or from any other person other goods in addition to such particular goods, the controller may, upon application by such purchaser, order the person who sold such other goods to pay to the purchaser the price he paid for such other goods.
When the controller has made an order under subsection (7) he shall forward a certified copy thereof to the clerk of a magistrate's court, and thereupon such order shall have the effect of a civil judgment of that magistrate's court.
Repeal of section 10 of Act 25 of 1964 7. Section 10 of the principal Act is hereby repealed.
Amendment of section 11 of Act 25 of 1964, as amended by section 6 of Act 80 of 1967 8.
Section 11 of the principal Act is hereby amended by the substitution in paragraph (a) for the words preceding subparagraph (i) of the following words: "require any person purchasing any goods for resale or for use in the processing, manufacture or production of any class of goods for sale, to keep in one of the official languages of the Republic or, in the case of the territory of South-West Africa, in one of such languages or the German language".
Substitution of section 13 of Act 25 of 1964, as amended by section 3 of Act 39 of 1976 9.
seize and take possession of any such goods, book, record, list, ticket or document.
with a receipt.
No person may refuse to comply with any order under this section on the ground that in so complying he may incriminate himself.
The provisions of this section shall not entitle a supervisor or inspector to demand from any person the production of a balance sheet or a manufacturing, trading or profit and loss account unless specially authorized thereto by the controller.
Repeal of section 14 of Act 25 of 1964 10. Section 14 of the principal Act is hereby repealed.
Amendment of section 16 of Act 25 of 1964, as amended by section 1 of Act 16 of 1984 11. Section 16 of the principal Act is hereby amended by the deletion of subsection (1).
Amendment of section 18 of Act 25 of 1964, as amended by section 5 of Act 39 of 1976 12.
"shall be guilty of an offence and liable on conviction to a fine, not exceeding two thousand rand or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.".
Repeal of sections 21 and 22 of Act 25 of 1964 13.
Sections 21 and 22 of the principal Act are hereby repealed. Substitution of section 23 of Act 25 of 1964 14.
Substitution of long title of Act 25 of 1964 15. The following long title is hereby substituted for the long title of the principal Act: "Act To provide for the control of prices the sale of goods and the rendering of services and other incidental matters.".
<fn>GOV-ZA.14893En.2012-02-10.en.txt</fn>
To make provision for the promotion of tourism to and in the Republic; the further regulation and rationalization of the tourism industry; measures aimed at the maintenance and enhancement of the standards of facilities and services hired out or made available to tourists; and the co-ordination and rationalization, as far as practicable, of the activities of persons who are active in the tourism industry; with a view to the said matters to establish a board with legal personality which shall becompetent and obliged to exercise, perform and carry out certain powers, functions and duties; to authorize the Minister to establish a grading and classification scheme in respect of accommodation establishments, the membership of which shall be voluntary; to authorize the Minister to establish schemes for prescribed sectors of the tourism industry, the membership of which shall be voluntary; to make provision for theregistration of tourist guides; to prohibit any person to act for gain as a tourist guide unless he has been registered as a tourist guide in terms of the Act; to authorize the Minister to make regulations; and to provide for matters connected therewith.
"tourist guide" means any person who for reward, whether monetary or otherwise, accompanies any person who travels within or visits any place within the Republic and who furnishes such person with information or comments with regard to any matter.
There is hereby established a juristic person which shall be known as the South African Tourism Board.
The object of the board shall be to promote tourism by encouraging persons to undertake travels to and in the Republic, and with a view thereto to take measures in order to attempt to ensure that services which are rendered and facilities which are made available to tourists comply with the highest attainable standards.
The board shall consist of not fewer than 11 and not more than 15 members, who shall be appointed by the Minister in terms of subsection (2).
The Minister shall appoint as members of the board not fewer than 11 persons who in his opinion are, by virtue of their knowledge of and active involvement in the tourism industry, fit to serve on the board, and shall appoint as a member of the board the Administrator designated in terms of paragraph (b), to represent the provinces mentioned in the Provincial Government Act, 1986 (Act No. 69 of 1986), on the board.
The Administrators of the said provinces shall designate one of their number in order to be appointed in terms of paragraph (a).
The Minister shall, before he appoints a member of the board (except the member referred to in paragraph (b)), by notice in the Gazette invite all interested persons to submit to him, within the period mentioned in the notice, the names of persons who in the opinion of such interested persons are fit to be so appointed, stating the grounds upon which such opinion is based.
The Minister shall appoint one member of the board as chairman and another member as vice-chairman of the board.
If the chairman is for any reason unable to act as chairman the vice-chairman shall perform the functions of the chairman.
if he is not a South African citizen and is not permanently resident within the Republic.
he submits his resignation in writing to the Minister.
The Minister may at any time terminate the membership of a member of the board if there are in the opinion of the Minister sufficient reasons for doing so.
Any member of the board shall, subject to the provisions of section 6, hold office for such period, but not exceeding three years, as the Minister may determine at the time of his appointment.
If for any reason the office of a member of the board becomes vacant the Minister may appoint any person as a member of the board for the unexpired portion of the period of office concerned.
Any person whose period of office has expired shall be eligible for reappointment.
The first meeting of the board shall be held at a time and place determined by the chairman, and thereupon the board shall meet at such times and places as may be determined by the board from time to time, but the board shall meet at least twice in a year.
The chairman may at any time either of his own volition or at the written request of not fewer than five members of the board convene an extraordinary meeting of the board which shall be held at the time and place determined by the chairman.
A notice whereby an extraordinary meeting of the board is convened shall state the purpose of that meeting.
The quorum for a meeting of the board shall be a majority of all its members.
If both the chairman and the vice-chairman are absent from a meeting of the board, the members present shall elect one of their number to preside at that meeting.
The person who presides at a meeting of the board shall determine the procedure to be followed at that meeting.
The decision of a majority of the members present at a meeting of the board shall constitute a decision of the board, and in the event of an equality of votes on any matter, the person presiding at the meeting shall in addition to his deliberative vote have a casting vote.
No decision taken by or act performed on the authority of the board shall be invalid merely because of a casual vacancy on the board or because any person who was not entitled to sit as a member of the board, sat as such a member at the time when the decision was taken or the act was authorized, provided the decision was taken or the act was authorized by a majority of the members of the board who were then present and were entitled to sit as members.
The board may, with the approval of the Minister, establish such committees as it may deem necessary for the exercise of its powers, the performance of its functions and the carrying out of its duties.
A committee of the board shall consist of such number of members as may be determined by the board.
A committee shall consist of members of the board, or of members of the board as well as other persons.
The board may at any time dissolve a committee.
The board may delegate to any committee or, with the concurrence of the Minister, and subject to such conditions and limitations as he may determine, an employee of the board, any power, function or duty assigned to or conferred or imposed upon the board in terms of this Act.
The delegation of a power, function or duty under subsection (1) shall not preclude the exercise of that power, the performance of that function or the carrying out of that duty by the board.
A member of the board or any committee shall be paid out of the funds of the board such remuneration and allowances as may be determined by the Minister with the concurrence of the Minister of State Expenditure.
The board may pay or render available to persons in its employment such remuneration, allowances, bonuses, subsidies and pension and other service benefits as may be determined by the board with the approval of the Minister granted with the concurrence of the Minister of State Expenditure.
negotiate or co-operate with any government, provincial administration or local government, the Board for Public Resorts referred to in section 1 of the Extension of the Public Resorts Ordinance Act (Transvaal) (House of Assembly), 1990 (Act No.
perform any act which may contribute towards the achievement of the object of the board.
The chairman of the board shall be the accounting officer of the board and he shall be charged with the accountability in respect of all moneys received, and all payments made, by the board.
as soon as possible, but not more than three months after the end of the financial year of the board, draw up annual financial statements, which shall, with appropriate details, show money received by the board and expenditure incurred by the board and its assets and liabilities at the end of the financial year concerned.
The records and annual financial statements mentioned in subsection (2), shall be audited by the Auditor-General.
The board shall once in every year submit to the Minister a report on its affairs and activities during the preceding financial year.
donations or contributions received by the board from any source.
shall notwithstanding the provisions of paragraph (a) use donations and contributions contemplated in subsection (1)(c) in accordance with the conditions, if any, imposed by the donor or contributor.
shall in every financial year before or on the date determined by the Minister, either generally or in respect of a particular financial year, submit a statement of its estimated income and expenditure during the ensuing financial year; and shall in respect of additional expenses in connection with its functions in any financial year, submit a supplementary statement of its estimated expenses in respect of that financial year, to the Minister for his approval, granted with the concurrence of the Minister of State Expenditure.
The board shall not incur any expenditure which may cause the total amount approved under paragraph (a) to be exceeded.
The board may invest with the Corporation for Public Deposits established by section 2 of the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984), or in any other manner determined by the Minister with the concurrence of the Minister of Finance, any unexpended portion of its funds.
an audited statement of the source and application of its funds.
The Minister may upon the recommendation of the board, with a view to the maintenance or enhancement of the standards and the quality of facilities and services rendered or made available by persons conducting accommodation establishments, establish a grading and classification scheme in respect of accommodation establishments.
The Minister may for the purposes of the application of a scheme apply any basis of differentiation which he may deem fit, and may classify accommodation establishments into different classes on the ground of, inter alia, the nature extent, variety, availability and quality of thefacilities and services rendered or made available by such establishments.
The Minister may, if it is in his view necessary for the proper conduct or continuation of an effective grading and classification scheme, or to keep abreast with developments in the tourism industry, from time to time amend the provisions of such a scheme.
The acquisition, continuation and termination of membership of a scheme shall be governed by the provisions of the scheme.
The board shall in respect of any accommodation establishment classified and graded in terms of a scheme referred to in subsection (1) grant authority to the person conducting the establishment to use and display in respect of that establishment the prescribed insignia, which shall include a depiction or depictions of a star or a number of stars which indicate the grading awarded in respect of that establishment in terms of the scheme.
The board shall keep a record of all persons conducting accommodation establishments and who are members of a grading andclassification scheme, and of all establishments graded and classified in terms of such a scheme.
The Minister may in respect of any prescribed sector of the tourism industry, other than accommodation establishments, on therecommendation of the board and after consultation with persons who are active in such sector, establish schemes with a view to the maintenance or enhancement of the standards of services or facilities rendered or made available by persons who are active in that sector.
The provisions of section 18(2), (3) and (4) shall mutatis mutandis apply in respect of services and facilities comprising the sector referred to in subsection (1).
If the Minister intends to establish a scheme in terms ofsubsection (2) for any sector which involves the functions assigned to another Minister in terms of any law, he shall establish such scheme with the concurrence of such other Minister.
The board shall designate an employee of the board as Registrar of Tourist Guides, who shall exercise such powers, perform such functions and carry out such duties as may be conferred upon, assigned to or imposed upon him in terms of this Act.
The registrar shall keep a register of tourist guides and shall record in such register the prescribed particulars with regard to tourist guides.
The board shall for the purposes of this Act determine the different classes of tourist guides.
No person shall be registered as a tourist guide in terms of this Act unless he, when he appears as required by section 21 (3), shows that he has the requisite knowledge of the matters specified in subsection (5).
The knowledge contemplated in subsection (4) shall relate to the history, geography, fauna, flora, climate, availability of medical and emergency services, background and culture of the different peoples, infrastructure of the tourism industry and the economic circumstances in and of the geographical area in question.
In order to be registered as a specialist tourist guide in respect of any area or matter the person applying for such registration shall possess specialized knowledge, to the satisfaction of the registrar, of the area or matter to which the application relates.
Any person who wishes to be registered as a tourist guide shall in the prescribed manner apply to the registrar, and such application shall be accompanied by the prescribed registration fee.
Upon receipt of such an application and the registration fee the registrar may request the applicant to furnish such additional particulars and information as he may deem necessary in order to consider theapplication properly.
An applicant referred to in subsection (1) shall upon the request of the registrar appear before him in person and shall furnish such additional particulars and information as may be required by the registrar in order to enable the registrar to decide whether the application should be granted.
If the registrar after he has considered the information and particulars contemplated in subsections (2) and (3) is satisfied that the applicant complies with the prescribed requirements for registration as a tourist guide falling within any class determined under this Act, he shall register the applicant as a tourist guide.
When the registrar registers any person as a tourist guide, he shall issue to him a registration certificate and a badge, which shall be in the prescribed form.
A registration as tourist guide shall be valid for a period of one year, reckoned from the date of issue of the registration certificate.
Any person registered as a tourist guide shall before the end of the period for which he has been registered, indicate to the registrar whether he wishes to be registered as a tourist guide in respect of the next ensuing period of one year, and if he indicates that he wishes to be so registered he shall upon the payment of the prescribed fee be reregistered.
If a tourist guide has in the opinion of the registrar failed to comply with any condition subject to which he has been thus registered, or if in the opinion of the registrar it is not in the public interest that a tourist guide should continue to be so registered, the registrar may by notice sent by registered post, direct that tourist guide to advance within a period specified in the notice, of not fewer than 30 days from the date of the notice, reasons why his registration as a tourist guide should not be withdrawn.
The registrar may by notice sent by registered post suspend the registration as such of the tourist guide concerned, pending the decision of the registrar under paragraph (a).
Any person who considers himself aggrieved by any decision or action of the registrar may appeal to the board against the decision or action in question, and the board may confirm, set aside or amend the decision or action.
No person who has not been registered as a tourist guide or whose registration as a tourist guide has been suspended shall for reward, whether monetary or otherwise, act as a tourist guide.
A person who has been registered as a tourist guide in respect of a particular class referred to in subsection (4) may act as a tourist guide only in respect of the area or matters determined in respect of that class, as have been set out in the registration certificate issued to that person.
Any person who in the course of his business sells facilities for a journey to any destination in a foreign country shall when selling such facilities offer in the manner prescribed to the buyer thereof his assistance in order to enable such buyer to obtain insurance which would be sufficient to enable the buyer to obtain alternative travelling facilities for his return journey to the Republic in any case where the person who in terms of the agreement in question is obliged to provide such facilities should fail or should for any reason be unable to do so.
When the board or any committee considers any matter in which a member thereof or the spouse of a member has a pecuniary interest, that member shall disclose the nature, extent and particulars of that interest to the board or committee, as the case may be, and if such interest is a direct financial interest, such member shall not take part in thediscussions of the board or the committee concerned which take place while that matter is being considered by the board or the committee.
Anything done by the South African Tourism Board established by section 2 of the South African Tourism Board Act, 1983 (Act No. 100 of 1983) - in this section referred to as the Tourism Board-in terms of the South African Tourist Corporation Act, 1947 (Act No. 54 of 1947), the Hotels Act, 1965 (Act No. 70 of 1965), the Tour Guides Act, 1978 (Act No. 29 of 1978), or the South African Tourism Board Act, 1983, and which could have been done by the board in terms of any provision of this Act, shall be deemed to have been done by the board in terms of the last-mentioned provision.
All assets, rights, obligations and liabilities of the Tourism Board are hereby transferred to the board.
Money in the Travel Agents Fidelity Fund established by section 30 of the Travel Agents and Travel Agencies Act, 1983 (Act No. 58 of 1983), shall at the commencement of this Act be paid over to the board, which shall deal therewith in accordance with subsection (4), and all other assets, rights, liabilities and obligations of the Travel Agents Board established by section 2 of the first-mentioned Act, shall at such commencement pass to the board.
The board shall with due regard to the liabilities and obligations which passed to it in terms of subsection (3), and after it has made provision for the satisfaction of any liability which may rest upon it in consequence of such passing, pay over the remainder of the money which passed to it in terms of this section to the persons who made contributions to the fund OF shall as far as practicable apply it to their benefit.
No levy, tax, transfer duty, stamp duty or any other money imposed or levied in terms of any law in respect of the acquisition by the board of any assets, rights, liabilities or obligations shall be payable in terms of this section.
The board may at the request of any person who conducts or intends to conduct any accommodation establishment and upon payment of the prescribed fee inspect any accommodation establishment and may issue a document in the prescribed form stating that such establishment would have complied with any relevant provisions of a scheme referred to in section 18(1) had such establishment been evaluated with reference to such provisions.
The Minister may after consultation with the board make regulations in respect of any matter which may be dealt with by the Minister in terms of this Act, and in respect of anything which in his opinion may be conducive to the effective application of the provisions of this Act.
The Minister may upon the recommendation of the board promote legislation which is aimed at the promotion of the standard of any matter relating to the tourism industry, including transport and travelling services, restaurants and other similar services and facilities provided or rendered available in the Republic.
fails to render his assistance as required by section 22 to a buyer referred to in that section, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.
Subject to the provisions of section 24 the laws mentioned in the Schedule are hereby repealed.
This Act shall be called the Tourism Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Act No. 54 of 1947 Act No. 24 of 1951 Act No. 36 of 1952 Act No. 40 of 1960 Act No.
Act No. 70 of 1965 Act No. 70 of 1968 Act No. 101 of 1969 Act No. 17 of 1970 Act No. 57 of 1975 Act No.
Act No. 71 of 1977 Act No. 29 of 1978 Act No. 38 of 1979 Act No.
Act No. 32 of 1982 Act No.
<fn>GOV-ZA.148addressbytheministersiceloshicekaonthesigningceremonyofthedeliveryagreetforoutcome9En.2012-02-10.en.txt</fn>
Of the 139 laboratory confirmed human cases of Rift Valley fever, 93 cases including five deaths are from Free State, 36 cases including four deaths are from Northern Cape, eight cases from the Eastern Cape, one from North West and one whose history is still unknown.
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Additional suspect cases are currently being tested.>Outbreak investigations by the Department of Health and the Department of Agriculture, Forestry and Fisheries are ongoing, supported by the South African Field Epidemiology and Training Programme (SA-FELTP) and NICD.>The RVF continues to spread far and wide among livestock affecting sheep, goats and cattle on farms within the Free State, Eastern Cape; Northern Cape and Gauteng Provinces.
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>As of this morning 24 March 2010, five more laboratory confirmed human cases of Rift Valley Fever (RVF) have been reported by the National Institute of Communicable Disease (NICD), bringing the total to 47 of people infected by RVF.>Of the 47 laboratory confirmed cases, the NICD reported that 41 cases with two deaths are in Free State, three in Eastern Cape and three Northern Cape.
This site is best viewed using 800 x 600 or higher resolution with Internet Explorer 4.5, Netscape Communicator 4.5, Mozilla 1.x or higher.
<fn>GOV-ZA.148draftaddressbytheministersiceloshicekaonthesigningceremonyofthedeliveryagreetforoutcome9En.2012-02-10.en.txt</fn>
Minister, MECs present multi-pronged Local Government intervention to turn the tide on service delivery protests.
Today we are part of real history in the making.
Mayors of the Delivery Agreement on Outcome 9. This signing constitutes our public commitment to create a responsive, accountable, effective and efficient Local Government (LG).
To fully grasp the significance and meaning of this historic occasion allow me to quote Cde.
We shall not rest and we dare not fail in our drive to eradicate poverty.
"The year 2010 shall be the year of action. The defining feature of this administration will be that it knows the aspirations of the people, understands their needs and responds faster.  Government must work faster, harder and smarter. We will expect the executive the public service to comply with this vision. We are building a performance oriented state, by improving planning as well as performance monitoring and evaluation."
It is these directives from our Commander in Chief thatinform and thusmake this signing ceremony be unique. It marks the beginning of a new era for Local Government, the country and I dare say the world as a whole, The new administration under the leadership of Jacob Zuma is indeed writing a new chapter with regard to making and holding public representatives accountable and transparent to the communities they serve.  No country has ever trailed this blaze before.
What makes this occasion even more significant is that it comes against the backdrop of the successful holding of the National General Council of the ANC as ruling party over the past week. The NGC has just reconfirmed the need for working together to accelerate service delivery in order to achieve our common and shared national goal of building better life for all, particularly within local government. That will of necessity require that we professionalise Local Government. This includes all of us ensuring that we collectively work towards a situation where office bearers in political parties do not hold senior public servants posts in local government as that has often led to compromised service delivery as well distorted accountability.
This signing ceremony also follows the resounding successful hosting of the 2010 FIFA World Cup, the first ever to be held in the African continent to whose success Local Government contributed immensely. The World Cup confirmed that if we work in close cooperation, united, in professional and most importantly project based manner we can achieve more. Once again I must take this opportunity to thank all the host cities, their leadership and communities for making the 2010 World Cup a resounding success. You have all done the country proud!!!
Furthermore, we are as a country preparing to celebrate the first decade of democratic LG in South Africa. All of these events do indeed remind us now perhaps more than ever before, we need a strong Local Government. It is a sphere therefore that ought to function like a well-oiled machine; work in close cooperation with all spheres of government, stakeholders and perhaps most importantly with the communities.
Therein lies the increasing significance of the Local Government Turn Around Strategy as a blueprint that will ensure that the goal of a better life for all especially the poorest of the poor, is realized sooner rather than later. In the spirit of making Local Government Everybody's business, we urge all gathered here to rally behind this initiative and make this part of our livelihood. We are currently working in translating the LGTAS into all official languages so as to make sure that all our communities understand and rally behind it. For we believe that the people should be active participants in matters governance and development that affect them in their locality. They must therefore be treated with the dignity and compassion care and sensitivity they deserve.
Therefore the IDP's, budget, LED's and any other issues of importance must at all times be informed by the inputs from and needs of the people.
Programme Director, we have repeatedly said that Local Government is the most important sphere of government. It is at the coal face of service delivery of the most basic needs such as water, electricity, sanitation, and waste removal. It touches the lives of all 48 million South Africans on a daily basis in terms of the satisfaction of their basic needs.  It is when Local Government works effectively and efficiently that the cherished national dream of better and sustainable livelihoods life for all can be come to fruition.
Programme Director, this sphere of government has done a lot to make monumental achievements in the terms of improving the lives of millions of people over the past 16 years of democracy. To date no less than 92 % of the people have access to clean water. 69 % have access to sanitation. 64 % have access to refuse removal whilst over 81% have access to electricity. Whilst a lot has been achieved we will agree that a much more still needs to be done.
Yet it is a sphere which has over the past decade been faced with many challenges. It is those challenges that today the MEC's, the Mayors and all the leaders of this sector have come to commit to do away with. We have come here to say that as we move towards the 2011 Local Government elections, we will work diligently to make those elections free and fair and thus restore the confidence of the public in this critical sphere op government.
We have come to commit to working together as diligent and professional servants of the people; accountable to the people and most importantly, committed to rooting out all malpractices such as corruption and abuse of state resources and power as well as ensuring good governance at all times.
We are here to say with our signatures that we shall hold each other's hands and work together and  commit to deliver on all the seven outputs of Outcome 9 by 2014 viz.
I therefore call on the MEC's and the Mayors to join me as I append my signature and publicly commit to the country and the world to know that we shall, working together, make sure that what we sign here today truly translates into the building of a better life for all especially the poorest and most vulnerable.
Copyright ï¿½ 2009.
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Human Settlements Minister Tokyo Sexwale accompanied by Western Cape Human Settlements MEC Bonginkosi Madikizela will launch the Legacy project in Conifers -Blue Downs, Cape Town as part of the Mandela Day celebrations.
Apart from assisting in the actual construction of houses, the Dignitaries will also take part in other community work such as planting trees and laying of lawn at the two local parks adjacent to the project site.
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Deputy Home Affairs Minister Fatima Chohan will on Monday, 18 July 2011 commemorate International Mandela Day with 80 children at the Liliebloem Children s Home in Athlone, Cape Town.
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Minister Nzo made these comments after meeting with a Special Envoy of President Yasser Arafat, Dr As'ad Abdul Rahman, in Pretoria today. Minister Nzo was given a comprehensive briefing on developments since the signing of the Wye River Memorandum by Dr Abdul Rahman. The Special Envoy also conveyed a personal message to President Mandela from President Arafat.
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What is Abuse?
Home > Documents > Public Information > W &gt What is Abuse?
Being punched, slapped, kicked, tied up, beaten.
Sustaining internal injuries.
Being assaulted with objects, guns or knives.
Being pushed around.
Unwelcome sexual advances and harrasment that is of a sexual nature.
Forcing the woman into sexual acts with which she is uncomfortable.
Constant accusations of sexual infidelity.
Constant verbal abuse, which focuses on sexual slurs e.g. slut, whore.
Forcing a woman to watch pornography and act out pornographic material.
Forcing a woman to have sexual intercourse with friends or colleagues.
Preventing a woman from getting or keeping a job.
Forcing her to hand over her salary.
Using her finances or credit for personal gain.
Making her ask for money.
Forcing the woman to sign for debts or loans.
Gambling all the household money.
Employing her without paying her a salary.
Deliberate damage to property or possessions.
Not letting her know or have access to family income.
Constant verbal abuse e.g. swearing and shouting at her.
Degrading her publicly and privately.
Restricting her involvement with persons outside the home.
Being jealous and possessive, so she is afraid to talk to anyone.
Projecting all his problems to her or blaming her for his own inadequacies.
Having constant affairs outside the home.
Using threats of violence to ensure that the is under his control.
Making her feel bad about herself or guilty all the time.
Being locked up in the home.
Preventing or making it difficult for you to see friends or relatives.
Monitoring phone calls and telling you where you can and can't go.
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No. 79 of 1993: Finance Act (House of Assembly), 1993. No. 79 of 1993: Finance Act (House of Assembly), 1993.
To make provision for the remission of certain money owing to the Development and Housing Fund by certain local authorities; and for matters connected therewith.
(Assented to 23 June 1993.
The local authorities mentioned in column 1 of the Schedule are hereby discharged from all liability in respect of the amounts mentioned in column 2 of the Schedule, being loans granted to such local authorities out of the Development and Housing Fund in terms of section 10(2)(b)(ii) read with section 33 of the Development and Housing Act, 1985 (Act No. 103 of 1985), and which have not yet been repaid.
This Act shall be called the Finance Act (House of Assembly), 1993.
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Government Gazette 14916 STATE PRESIDENT'S OFFICE No. 1156. 2 July 1993 It is hereby notified that the State President has assented to the following Act which is hereby published for general information:- No. 83 of 1993: Tobacco Products Control Act, 1993.
To prohibit or restrict smoking in public places; to regulate the sale and advertising of tobacco products in certain respects and to prescribe what is to be reflected on packages; and to provide for matters connected therewith.
"tobacco product" means any product manufactured from tobacco and intended to be smoked.
The Minister may, after consultation with the Council for the Co-ordination of Local Government Affairs established by section 2 of the Promotion of Local Government Affairs Act, 1983 (Act No. 91 of 1983), by notice in the Gazette issue regulations whereby the smoking of tobacco products in any public place or particular kinds of public places is prohibited or whereby the smoking of tobacco products in such public places may only take place on the conditions mentioned in the notice.
The Minister may at the request of any local authority, but subject to subsection (3), grant any or all of his powers contemplated in subsection to such local authority.
a public place owned by the State or which is occupied by officers or employees in the employment of the State; or such other public places or particular kinds of public places as the Minister may determine by notice in the Gazette.
When a local authority issues regulations by virtue of subsection (2), it shall do so by notice in the Official Gazette.
The Minister may issue regulations prescribing conditions to which the exercise of a power by a local authority in terms of subsection (2) shall be subject.
(i) the advertisement contains; or on the package in which the tobacco product is sold is reflected, the prescribed warning concerning the health hazards incidental to the smoking of tobacco products; and the quantities of the hazardous constituents present in the tobacco product concerned are stated in the advertisement or on the package.
Except in so far as the provisions of subsection (1)(a)(i) and (b) relate to television, the Minister may in writing exempt the holder of a broadcasting licence as defined in section 1 of the Radio Act, 1952 (Act No. 3 of 1952), from the said provisions, on condition that such holder informs the public of the health hazards incidental to the smoking of tobacco products and subject to such further conditions as the Minister may determine.
No person shall sell or supply any tobacco product to any person under the age of 16 years, whether for his personal use or not.
It shall be a sufficient defence to any charge in terms of subsection (1) if it is proved that the accused believed upon reasonable grounds that the person concerned at the time of the commission of the act charged was older than 16 years.
If it is in any prosecution for a contravention of subsection (1) alleged that any person is according to appearance under the age of 16 years, such person shall be deemed to be under the said age until the contrary or the defence mentioned in subsection (2) is proved.
The Director-General may in writing empower any officer to enter any premises where he has reasonable grounds to suspect that a vending-machine for the sale of tobacco products is kept, to determine whether the provisions of section 4(1) are being contravened.
If the officer, after the conclusion of such investigation as he may consider necessary, is of the opinion that section 4(1) is being contravened by means of a vending-machine referred to in subsection (1), he shall notify the Director General accordingly.
to take such precautionary measures as are specified in the direction to prevent the vending-machine being used by persons under the age of 16 years; or to remove the vending-machine from the premises within the period specified in the direction.
The powers and duties of an officer may within the area of jurisdiction of a local authority be exercised or performed by an officer of such local authority authorized thereto by such local authority.
any other matter required or permitted to be prescribed in terms of a provision of this Act to achieve the objects of this Act.
Regulations made under subsection (1)(b) may prescribe for the determination of the quantities of hazardous constituents in tobacco products any manner or method set out in a publication which in the opinion of the Minister is generally recognized as authoritative.
The Minister shall, not less than three months before issuing any regulation under this Act, cause a draft of the regulation to be published in the Gazette, together with a notice declaring his intention to issue such a regulation and inviting interested persons to furnish him with any comments thereon or representations in connection therewith within a specified period.
any regulation in respect of which the Minister is of the opinion that it is in the public interest that it be issued without delay.
refuses or fails to comply with a direction imposed in terms of section 4(3); or contravenes or fails to comply with any regulation issued under section 5(1) (d), shall be guilty of an offence and liable on conviction to a fine or imprisonment for 4 a period not exceeding six months or to both a fine and such imprisonment.
This Act shall be called the Tobacco Products Control Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Different dates may under subsection (1) be fixed in respect of different provisions of this Act.
<fn>GOV-ZA.14917En.2012-02-10.en.txt</fn>
No. 84 of 1993: Space Affairs Act, 1993.
To provide for the establishment of a Council to manage and control certain space affairs in the Republic; to determine its objects and functions; to prescribe the manner in which it is to be managed and controlled; and to provide for matters connected therewith.
"weapons of mass destruction" means weapons of mass destruction as defined in the Non-Proliferation of Weapons of Mass Destruction Act, 1993.
meeting all the international commitments and responsibilities of the Republic in respect of the peaceful utilization of outer space, in order to be recognized as a responsible and trustworthy user of outer space; and controlling and restricting the development, transfer, acquisition and disposal of dual-purpose technologies, in terms of international conventions, treaties and agreements entered into or ratified by the Government of the Republic.
each Minister charged with the administration of any law which in the opinion of the Minister relates to space affairs; and the Minister of State Expenditure.
Subject to subsection (2), the Minister may at any time by like notice substitute, withdraw or amend the policy determined in terms of subsection (1).
Each Minister upon whom, or government institution upon which, any power has been conferred or to whom or which any duty has been assigned in connection with space affairs by or under any law, shall exercise such power and perform such duty in accordance with the policy determined in terms of section 2.
There is hereby established a council known as the South African Council for Space Affairs.
The objects of the Council are to implement, in the most efficient and economical manner possible, the space policy of the Republic formulated in terms of section 2.
The Council shall on behalf of the State take care of the interests, responsibilities and obligations of the Republic regarding its space and spacerelated activities in compliance with international conventions, treaties and agreements entered into or ratified by the Government of the Republic.
subject to the provisions of this Act, perform any other activity with a view to contributing to the effective achievement of the objects of the Council.
such other members as the Minister may deem necessary, and who shall have applicable knowledge or experience relating to matters connected with the objects of the Council: Provided that fewer than half the members referred to in this paragraph shall be in the employment of licensees.
A member of the Council shall hold office for such period, but not exceeding five years, as the Minister may determine at the time of his appointment, but shall be eligible for reappointment at the termination of his term of office.
A member of the Council shall vacate his office if he becomes an employee of any licensee and so causes the composition of the Council to be in conflict with the proviso to subsection (1)(c).
The Minister may at any time terminate the period of office of any member if there are good reasons for doing so.
The Minister shall fill a casual vacancy on the Council by appointing another person as a member for the unexpired portion of the period for which his predecessor was appointed.
A member of the Council who is not in the full-time employment of the State, shall be paid such remuneration and allowances as the Minister with the concurrence of the Minister of State Expenditure may determine.
The work incidental to the performance of the functions of the Council shall be performed by such officers and employees of the Department as the Director-General may designate for that purpose.
Meetings of the Council shall be held on such dates and at such times and places as the chairman of the Council may determine.
The chairman of the Council may at any time convene a special meeting of the Council by giving notice to the other members of the date, time and place thereof.
If the chairman is absent from a meeting of the Council, the members present shall elect one of their number to preside at that meeting.
The majority of the members of the Council shall constitute a quorum for a meeting.
A decision of the Council shall be taken by a majority of the votes of the members present at a meeting of the Council, and in the event of an equality of votes the person presiding at the meeting concerned shall have a casting vote in addition to his deliberative vote.
No decision taken by the Council or act performed under the authority of the Council, shall be invalid merely by reason of a vacancy on the Council or of the fact that any person not entitled to sit as a member sat as a member at the time when the decision was taken or the act was authorized, if the decision was taken or the act was authorized by the requisite majority of the members present at the meeting and who were entitled to sit as members.
The Council may from time to time establish such committees as it may deem necessary, to assist it in the performance of its functions, and may appoint any person as a member of such a committee even if such person is not associated with the Council.
The Council may at any time dissolve a committee established under subsection (1) or terminate the membership of a member of such a committee.
A member of a committee established under subsection (1), and who is not in the full-time employment of the State, shall be paid such remuneration and allowances as the Minister with the concurrence of the Minister of State Expenditure may determine.
The Minister may from time to time appoint a board of inquiry to assist him in the adjudication of any matter or any appeal in terms of this Act.
a judge as defined in section 1(1) of the Judges' Remuneration and Conditions of Employment Act, 1989 (Act No.
a person admitted to practice as an advocate in terms of the Admission of Advocates Act, 1964 (Act No.
a person admitted to practice as an attorney in terms of the Attorneys Act, 1979 (Act No.
such other persons as the Minister may deem necessary and who in his opinion shall have applicable knowledge regarding the matter to be considered by the board of inquiry.
A session of the board of inquiry shall be held on such date and at such time and place as the chairman may determine, and he shall inform the Minister and the parties concerned in writing thereof.
call and by its chairman administer an oath to, or accept an affirmation from, any person present at the inquiry who was or could have been subpoenaed under paragraph (a) and interrogate him and require him to produce any book, document, data or thing in his possession or custody or under his control.
be issued and served in the prescribed manner.
A session of a board of inquiry shall be held in public, unless the Minister directs otherwise.
The findings of a board of inquiry and the reasons therefor shall not be disclosed by the board of inquiry, but shall be conveyed to the Minister in writing.
A member of a board of inquiry who is not in the full-time employment of the State shall be paid such remuneration and allowances as the Minister with the concurrence of the Minister of State Expenditure may determine.
The Director-General shall designate such officers and employees of the Department as may be necessary, to assist the board of inquiry with the administrative work relating to its inquiry.
The Council may from time to time in writing appoint such inspectors as it may deem necessary to ensure that the provisions of this Act are complied with.
No person shall be appointed under subsection (1) as an inspector unless the Council is of the opinion that he is suitably qualified and possesses the necessary expertise to enable him to perform the functions of an inspector in an efficient manner.
An inspector shall be furnished with a document, signed by the chairman of the Council, stating that he has been appointed as an inspector for the purposes of this Act, and such document shall be produced by the inspector on the request of any person who has a material interest in the functions of that inspector.
An inspector may at any reasonable time enter any facility of a person who has applied for a licence in terms of section 11 or to whom a licence has been issued in terms of the said section; or with the written authority of the chairman of the Council, enter any facility where the Council has reason to believe that an activity to which this Act applies, is carried out, with the necessary equipment and in relation to that facility conduct such inspections and investigations as the inspector may deem necessary: Provided that an inspector shall, before conducting such inspection or investigation consult the proper persons who are responsible to perform duties at the facility concerned in order to determine whether the conducting of such inspection or investigation may be detrimental to any person or activity or cause harm to any person or damage to any property: Provided further that in the case of a dispute as to whether the proposed inspection or investigation may be detrimental or cause harm or damage, the inspector shall refer the matter to the chairman of the Council, whose decision shall be final.
The chairman of the Council may instruct an inspector to be present at any activity to which a licence applies, in order to ascertain whether the conditions of the licence are being complied with, and he shall immediately report to the Council any situation or activity which in his opinion poses an unacceptable safety risk.
Any person affected by a decision of an inspector in terms of the provisions of this section, may within 30 days after being notified of the decision, in the prescribed manner, lodge an appeal with the Council.
The Council may, after considering such an appeal, confirm, amend or revoke the decision of the inspector.
An inspector authorized thereto by the chairman of the Council, may request to inspect any book, document, data or thing concerning licensing under this Act, and the person so requested shall provide all possible co-operation in this regard to the inspector.
the national interests of the Republic; and the international obligations and responsibilities of the Republic.
If the Council refuses to issue a licence which has been applied for, it shall inform the applicant in writing of its decision and furnish reasons for the refusal.
The Council shall gather, maintain and disseminate the information regarding licences, according to the provisions of international conventions, treaties and agreements entered into or ratified by the Government of the Republic, or as the Minister may prescribe.
The Council may order any person applying for a licence to serve a notice of his application on any government institution, or other person or authority who has an interest in the proposed activity, giving particulars of such activity or with regard to any matter affecting the application, as the case may be, specified in the order, allowing a reasonable time for such government institution, person or authority to submit representations to the Council with regard to the application.
If the Council has issued such an order, it shall not issue the licence applied for, before the expiration of the period which has been so allowed and if representations have been made to it in terms of the said notice within the period concerned, before it has considered the representations.
to make representations to the Council regarding the manner in which the Council exercises its powers in terms of this Act; or to make representations to the Minister regarding the manner in which he exercises his powers.
The Council may, whenever it deems it necessary or expedient, and after the licensee was given the opportunity to make representations to the Council, amend the conditions of a specific licence.
any condition of the licence was violated, or the Council has reason to believe that such a condition was or is being violated; or facts become known which in its opinion point to an unacceptable safety risk.
revoke the licence.
In the case of a suspension in terms of subsection (2)(b), the Council may order the licensee to take steps in order to eliminate the unacceptable safety risk within a reasonable time.
If the licensee complies with the requirements laid down under subsection (3)(b)(i) or (4), to the satisfaction of the Council, the Council may revoke the suspension: Provided that if the licensee does not comply with the requirements laid down to the satisfaction of the Council, the Council may order the licensee to take further remedial steps, or revoke the licence.
Any decision taken by the Council regarding the amendment, suspension or revocation of a licence shall as soon as possible be made known by the Council in writing to the licensee concerned, furnishing reasons for the decision.
The Minister may at any time order the Council to suspend or revoke a licence issued by the Council, if, in the opinion of the Minister, the licensed activity is in conflict with the interests of the State.
In the case of a suspension in terms of subsection (7), the Minister shall determine when the suspension may be revoked by the Council and he shall notify the Council accordingly, who shall forthwith notify the licensee of the decision of the Minister.
14 shall remain in force.
liability of the licensee resulting from international conventions, treaties and agreements entered into or ratified by the Government of the Republic.
relating to the circumstances in which such security shall be given in order to meet possible claims against the licensee regarding such damages.
Any person applying for a licence, or to whom a licence has been issued, shall furnish the Council with the prescribed information.
of any information which to his knowledge may affect the said conditions of the licence, in which case the Council may suspend or revoke the licence in terms of section 13 or amend the conditions of the licence at the request of the licensee.
The Council may, in the case of the suspension or revocation of a licence, give to the licensee such directions as it may deem necessary to prevent loss of life, injuries or damages.
The liability of a licensee, in terms of subsections (1) and (2), shall remain in force in respect of claims resulting from activities related to the licence concerned, irrespective of whether or not the licence has been suspended or revoked.
If an accident, incident or potential emergency arises during the performance of activities to which a licence issued under section 11 relates, the Council may, after the licensee concerned has notified the Council regarding all steps taken to prevent and limit loss of life, injury and damage to property, require the licensee to take such further steps as the Council may deem necessary.
In the event of an accident, incident or potential emergency contemplated in subsection (1), or whenever the Council has reason to believe that such an accident, incident or potential emergency may occur, the Council may notify the Minister accordingly, and the Minister may, on the advice of the Council, in terms of section 9(1) appoint a board of inquiry to investigate the matter.
Any person who is aggrieved at any decision of the Council under this Act, may appeal to the Minister, who may confirm, amend or set aside the decision of the Council.
A decision of the Council to suspend or revoke a licence shall not be suspended pending the result of an appeal under subsection (1) against that decision.
A decision by the Minister with regard to an appeal shall for all purposes be deemed to be a decision of the Council.
Notwithstanding the provisions of section 16, any person whose interests are affected by a decision of the Council may, within 30 days after he became aware of such decision, request the Council in writing to furnish in writing reasons for that decision within 30 days after receiving such a request.
Within 30 days after having been furnished with reasons in terms of subsection (1), or after the expiration of the period within which reasons had to be furnished by the Council, the person concerned may apply to a division of the Supreme Court having jurisdiction, to review the decision.
Minister has in his delegation or assignment determined otherwise.
The chairman of the Council may, subject to such conditions as he may determine, in writing delegate or assign to any member of the Council or to any officer or employee designated under section 6(7), any power or duty conferred or imposed upon him by this Act; or delegated or assigned to him under subsection (1) or (2), unless the Minister or Director-General has in his delegation or assignment determined otherwise.
The Minister, Director-General or chairman of the Council shall not be divested of any power or exempted from any duty delegated or assigned by him, and may amend or set aside any decision taken by a person in the exercise or performance of such power or duty delegated or assigned to him.
in consulting in privileged circumstances a patent agent, advocate or attorney in the Republic in a professional capacity.
The fact that anything has been done under this Act by the Minister, any member of the Council or of any committee of the Council or any person in the employment of the State with regard to any activity or matter, shall not be construed as an assurance or a guarantee of any nature in respect of any such activity or matter.
The State or any person in the employment of the State, the Minister or the Council shall not be liable in respect of anything done under this Act in good faith and without negligence.
in general, any matter which shall or may be prescribed by or under this Act and which is aimed at achieving the objects of this Act.
Any regulation made under subsection (1) may provide that any person contravening a provision thereof or failing to comply therewith, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding ten years.
fails to comply with any condition of a licence; or fails to furnish the Council with any relevant information concerning licensing, or withholds or misrepresents such information or gives false information, shall be guilty of an offence, and liable on conviction to a fine not exceeding R1 000 000, or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment.
after being subpoenaed to appear at proceedings in terms of section 9, without lawful excuse fails so to appear; or after appearing as a witness at proceedings in terms of section 9, without lawful excuse refuses to be sworn or to make an affirmation or to produce any book, document, data or thing which he has been required to produce or to answer any question lawfully put to him, shall be guilty of an offence, and liable on conviction to a fine, or to imprisonment for a period not exceeding two years.
Any person who hinders or obstructs the carrying out of an inspection or investigation by any person authorized thereto by or under this Act, shall be guilty of an offence, and liable on conviction to a fine, or to imprisonment for a period not exceeding one year.
Any person contravening or failing to comply with any other provision of this Act shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding five years.
Any person convicted of an offence in terms of this Act and who after such conviction persists in the act or omission which constituted such offence, shall be guilty of a continuing offence, and liable on conviction to a fine not exceeding R5 000 or to imprisonment for a period not exceeding 30 days or to both such fine and such imprisonment in respect of every day on which he so persists with such act or omission.
In the event of a conviction in terms of this Act the court may order that any damage resulting from the offence be repaired by the person so convicted, to the satisfaction of the Minister.
If within such period as the court may determine at the time of the conviction, an order in terms of subsection (6) is not being complied with, the Minister may himself take the necessary steps to repair the damage and recover the cost from the person so convicted.
Notwithstanding anything to the contrary in any law contained, a magistrate's court shall be competent to impose any penalty provided for in this Act.
The State President may, by proclamation in the Gazette, add to this Act any Schedule in which the provisions of an international convention, treaty or agreement relating to space affairs entered into or ratified by the Government of the Republic, are included.
by the substitution for any convention, treaty or agreement appearing therein of a new convention, treaty or agreement entered into or ratified by the Government of the Republic under subsection (1).
A proclamation in terms of paragraph (a) may be made with retrospective effect as from the date on which the amendment or addition or the new convention, treaty or agreement was ratified by the Government of the Republic.
On the date of commencement of a proclamation in terms of subsection (1) or (2), the convention, treaty or agreement or the amendment thereof or the addition thereto, as the case may be, shall have the force of law and apply in the Republic.
The Minister shall lay a copy of every proclamation issued under subsection (1) or (2) upon the Table in Parliament within 14 days after publication thereof in the Gazette if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.
The Minister may enter into an agreement with the government of a self-governing territory as defined in section 38 of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), in order to promote the objects of this Act.
This Act shall bind the State, except in so far as criminal liability is concerned.
This Act shall be called the Space Affairs Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14920En.2012-02-10.en.txt</fn>
No. 88 of 1993: Boxing and Wrestling Control Amendment Act, 1993.
To amend the Boxing and Wrestling Control Act, 1954, so as to define or further define certain expressions and to delete certain definitions; to change the name of the South African National Boxing Control Board to the South African National Boxing Control Commission; to alter the constitution of the said Commission; to make other provision for the tenure of office of appointed members of the Commission; to make further provision in respect of meetings of the Commission and the quorum for such meetings; to extend the power of the Minister to make regulations; to change the designation provincial boxing control board to provincial boxing control commission; and to alter the constitution of provincial commissions; and to provide for matters connected therewith.
Amendment of section 1 of Act 39 of 1954, as amended by section 1 of Act 51 of 1973, section 1 of Act 62 of 1980 and section 1 of Act 30 of l988 1.
" 'provincial' board commission' means a provincial boxing control board commission contemplated in section 12;".
Substitution of section 2 of Act 39 of 1954, as substituted by section 2 of Act 30 of l988 2.
The board body corporate established by this section before the substitution thereof by section 2 of the Boxing and Wrestling Control Amendment Act, 1988 1993, and known as the South African National Boxing Control Board, shall continue to exist and to be a corporate body and shall be known as the South African National Boxing Control Commission.
Substitution of section 4 of Act 39 of 1954, as substituted by section 2 of Act 51 of 1973 3.
one medical practitioner as defined in section 1 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No.
Accountants' and Auditors' Act, 1991 (Act No.
the chairman of each of the six provincial commissions.
Any person registered in terms of section 7 (c) may not be a member of the commission.
Amendment of section 5 of Act 39 of 1954, as amended by section 3 of Act 51 of 1973 4 and section 4 of Act 30 of l988 4.
" (e) if he has absented himself from two consecutive meetings of the board commission without its leave;".
Amendment of section 6 of Act 39 of 1954, as amended by section 5 of Act 30 of l988 5.
"(4) The quorum of a meeting of the board commission shall be three five of the members thereof."
"(6) The proceedings of the commission shall not be invalid only by reason of the fact that a vacancy exists on such commission.".
Amendment of section 9 of Act 39 of 1954, as amended by section 4 of Act 51 of 1973, section 4 of Act 62 of l980, section 7 of Act 30 of 1988 and section 1 of Act 134 of 1991 6.
"(n) the establishment and functioning of the electoral college for a provincial commission,".
Substitution of section 12 of Act 39 of 1954, as substituted by section 9 of Act 30 of 1988 and amended by section 2 of Act 134 of 1991 7.
Cape of Good Hope there shall be two three provincial boards commissions from such date and for such districts as the Minister may determine by notice in the Gazette.
The members of the first board commission of each additional provincial board commission established after the commencement of the Boxing and Wrestling Control Amendment Act, 1991 1993, in terms of the proviso to subsection (1) for the province of the Cape of Good Hope, shall be appointed by the Minister after nominations have been submitted to him in the manner determined in section 13(1) by the provincial board existing at the commencement of the said Act for the said province.
Substitution of section 13 of Act 39 of 1954, as amended by section 5 of Act 51 of 1973, section 5 of Act 62 of 1980 and section 3 of Act 134 of 1991 8.
one public accountant as defined in section 1 of the Public Accountants' and Auditors' Act, 1991 (Act No.
Provided that the Minister shall appoint such four members after the electoral college for the province concerned has been requested in writing by the Minister to nominate one person in respect of each category: Provided further that if within the period stated by the Minister in his request to such electoral college to make the required nominations, such electoral college has failed to lodge such nominations with the Minister, the Minister may, in making the appointments, appoint any person whom he considers suitable to be a member of that provincial commission.
The nominations in terms of subsection (1) shall be made after persons having an interest have been requested by the electoral college in an Afrikaans and an English newspaper circulating in the area of that provincial commission to submit to the electoral college concerned the names of persons for nomination in the different categories.
A member of a provincial commission shall hold office for such period, but not exceeding three years, as the Minister may determine at the time of his appointment.
The members of a provincial commission shall from among their number elect a person to act as chairman of the commission.
Any person registered in terms of section 7(c) may not be a member of a provincial commission.
The remuneration of the secretary and other officials of a provincial commission and the expenditure incurred by a provincial commission with the approval of the commission for the effective performance of the functions of the provincial commission, shall be paid out of the funds of the commission.
Substitution of section 14 of Act 39 of 1954 9.
The provisions of sections 5 and 6 shall mutatis mutandis apply to a provincial board commission: Provided that any payments under section 5(3) shall be made out of the funds of the board commission.
Substitution of expression in Act 39 of 1954 10.
The principal Act is hereby amended by the substitution for the expression "board", wherever it occurs, of the expression "commission".
This Act shall be called the Boxing and Wrestling Control Amendment Act, 1993.
<fn>GOV-ZA.14921En.2012-02-10.en.txt</fn>
No. 89 of 1993: Regional and Land Affairs General Amendment Act, 1993.
To amend the Land Survey Act, 1927, so as to withdraw the Survey Regulations Board's power to make regulations prescribing certain fees; to provide for the delegation of certain powers by the Minister; and to redefine "Minister"; to amend the Black Administration Act, 1927, so as to redefine "Minister"; to amend the Black Authorities Act, 1951, so as to redefine "Minister"; to amend the Kimberley Leasehold Conversion to Freehold Act, 1961, so as to redefine "Minister", to amend the Expropriation of Mineral Rights (Townships) Act, 1969, so as to substitute certain obsolete expressions; to amend the Second Black Laws Amendment Act, 1970, so as to substitute or delete certain obsolete expressions and provisions; to amend the Second Black Laws Amendment Act, 1974, so as to substitute certain obsolete expressions; to amend the Borders of Particular States Extension Act, 1980, so as to substitute or delete certain obsolete expressions and provisions; to amend the Laws on Co-operation and Development Second Amendment Act, 1980, so as to repeal an obsolete provision; to amend the Joint Executive Authority for KwaZulu and Natal Act, 1986, so as to substitute certain obsolete expressions; to amend the Abolition of Racially Based Land Measures Act, 1991, so as to provide for the phasing out of the South African Development Trust Corporation Limited; to amend the Physical Planning Act, 1991, so as to amend certain definitions; and to provide for matters connected therewith.
Amendment of section 7 of Act 9 of 1927, as substituted by section 7 of Act 71 of 1972 and amended by section 1 of Act 23 of 1977, section 41 of Act 40 of 1984 and section 4 of Act 76 of 1990 1.
Section 7 of the Land Survey Act, 1927, is hereby amended by the deletion of paragraph (a) of subsection (1).
Insertion of section 8A in Act 9 of 1927 2.
8A. The Minister may delegate or assign any power or duty conferred or imposed upon him by or under this Act, except the power conferred upon him under section 8, to any officer of the Department of Regional and Land Affairs.
Amendment of section 49 of Act 9 of 1927, as amended by section 19 of Act 14 of 1941, section 21 of Act 14 of 1950, section 29 of Act 52 of 1962, section 9 of Act 64 of 1970, section 15 of Act 71 of 1972, section 11 of Act 23 of 1977, section 9 of Act 26 of 1981, section 41 of Act 40 of 1984 and section 7 of Act 76 of 1990 3.
"'Minister' means the Minister of Community Development and State Auxiliary Services Regional and Land Affairs or any other Minister to whom the State President may from time to time assign ministerial responsibility for the administration of this Act;".
Amendment of section 35 of Act 38 of 1927, as amended by section 9 of Act 9 of 1929, section 3 of Act 9 of 1939, section 10 of Act 21 of 1943, section 17 of Act 67 of 1952, section 4 of Act 42 of 1956, section 4 of Act 70 of 1974, section 2 of Act 3 of 1980 and section 9 of Act 108 of 1991 4.
Amendment of section 1 of Act 68 of 1951, as amended by section 9 of Act 46 of 1959, section 77 of Act 42 of 1964 and section 39 of Act 21 of 1971 5.
Amendment of section 1 of Act 40 of 1961 6.
Amendment of section 2 of Act 96 of 1969, as amended by section 84 of Act 63 of 1975 7.
Energy Affairs and after consideration of any representations submitted in terms of subsection (1) or (2) and such further information as the Administrator or any of the aforesaid Ministers may deem necessary to obtain, or, if no representations have been so submitted, after the lapse of the period referred to in subsection (1) or (2) and after consideration of such information as the Administrator or any of the aforesaid Ministers may deem necessary to obtain, is still satisfied as contemplated in subsection (1) or (2), and is of the opinion that in the public interest it is expedient that the land in question be used for the establishment or development of the township rather than for the exploitation of any mineral to which the mineral rights in question relate, the Administrator may expropriate those mineral rights.
Amendment of section 3 of Act 96 of 1969, as amended by section 85 of Act 63 of 1975 8.
"(1) In the absence of agreement and subject to the provisions of section 10(5) of the Expropriation Act, 1975, as applied by section 2(4) of this Act, the compensation for mineral rights expropriated under the last-mentioned section shall on the application of the owner of those rights be determined by the Administrator in consultation with the Minister of Community Development Regional and Land Affairs and the Minister of Mines Mineral and Energy Affairs after consideration of such written representations or information as may accompany the application or as the Administrator or any of the said Ministers may deem necessary to obtain.".
Amendment of section 6 of Act 96 of 1969 9.
"(3) The Administrator may transfer such mineral rights subject to such conditions as he, with the concurrence of the Minister of Community Development Regional and Land Affairs and the Minister of Mines Mineral and Energy Affairs, may deem necessary in order to ensure that the possession of the mineral rights by the transferee will not prevent or prejudice the establishment or development of the township.".
Substitution of section 12 of Act 27 of 1970, as substituted by section 10 of Act 23 of 1972 10.
Plural Relations and Development Regional and Land Affairs may from time to time direct that any property the ownership or control of which is vested in or has been acquired by the Government of the Republic or a provincial administration or the administration of the territory of South-West Africa and which, in the opinion of the said Minister, is connected with the functions of any authority, legislative council, legislative assembly, executive council, cabinet or government established, recognized or constituted in terms of the Black Authorities Act, 1951 (Act No. 68 of 1951), the Development of Self-government for Native Nations in South-West Africa Act, 1968 (Act No. 54 of 1968) or the Black States Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), shall vest in or be transferred to any such authority, council, assembly, cabinet or government designated by him.
No direction shall in terms of subsection (1) be issued, except with the concurrence of the Minister of Finance State Expenditure and, in the case of property the ownership or control of which is vested in or has been acquired by a provincial administration or the administration of the territory of South-West Africa, also of the administrator concerned, and any such direction shall be subject to such conditions (if any) as the Minister of Plural Relations and Development Regional and Land Affairs may with such concurrence determine.
The officer in charge of a deeds registry in which is registered any immovable property to which a direction under subsection (1) relates, shall, on production to him of the title deeds of such property and a statement signed by the Secretary for Plural Relations and Development Director-General: Regional and Land Affairs that such property has vested in or been transferred in terms of subsection (1) to a body referred to therein, endorse the vesting or transfer on the said deeds and make suitable entries of the vesting or transfer in the records in his office.
Amendment of section 1 of Act 71 of 1974 11.
Section 1 of the Second Black Laws Amendment Act, 1974, is hereby amended by the deletion of subsection (2).
Amendment of section 10 of Act 71 of 1974 12.
"(2) Notwithstanding anything to the contrary in any other law contained, the provisions of item 21A of Schedule 1 to the National States Self-governing Territories Constitution Act, 1971, shall not empower a legislative assembly to amend or repeal an Act of Parliament and shall not derogate from the legislative powers of Parliament, or the powers or duties of any authority or person in the Republic in terms of an Act of Parliament, and any power conferred on any other authority or person by any law made by virtue of the said item, or any other law relating to any matter mentioned therein, may be exercised only with the prior approval of the Minister of Plural Relations and Development Regional and Land Affairs. ".
Substitution of section 2 of Act 2 of 1980, as amended by section 1 of Act 77 of 1981 13.
Any right of the Government of the Republic of South Africa or the South African Development Trust mentioned in section 4 of the Development Trust and Land Act, 1936 (Act No. 18 of 1936) in respect of land in regard to which a proclamation has been issued under section 1(1), shall, unless such proclamation otherwise provides, vest in the state concerned without the payment of any duty or fee or charge.
Any obligation of the Government of the Republic of South Africa or the said Development Trust in respect of the said land shall vest in the state concerned: Provided that if a proclamation referred to in section 1(1) provides under subsection (1) of this section that a right in respect of land shall remain vested in the Government of the Republic of South Africa or the said Development Trust after that land has become part of the territory of any such other state, no obligation of the Government or the Development Trust in respect of that land shall be vested in that state unless that proclamation otherwise provides.
Development Trust and Land Act, 1936 (Act No.
Africa and the Development Trust Government shall, notwithstanding the fact that that land no longer forms a part of the Republic, be competent to be the holder of that right and may, notwithstanding any provisions to the contrary in any law contained, dispose of that right in any manner determined by it at its discretion.
Any such land registered in the name of the Minister of Co-operation and Development Regional and Land Affairs or of any other person in trust for any Black person, tribe or community, shall vest in the Head of State of the state concerned in trust for such Black person, tribe or community, as the case may be, without the payment of any duty or fee or charge.
Repeal of section 9 of Act 94 of 1980 14.
Section 9 of the Laws on Co-operation and Development Second Amendment Act, 1980, is hereby repealed.
Amendment of section 2 of Act 80 of 1986 15.
"(1) The State President may, on the written recommendation of the Administrator and the Chief Minister, request the Minister of Planning, Provincial Affairs and National Housing Regional and Land Affairs to draw up, in consultation with the Administrator and the Chief Minister, and to submit to him, proposals, in the form of a set of rules complying with the provisions of this Act, providing for the joint and co-ordinated exercise of powers and performance of functions by the provincial government of Natal and the Government of KwaZulu in the area comprising the province of Natal and that part of KwaZulu falling outside that province, or in such portion of that area as may be determined by the State President."
"(c) refer any such proposals back to the Minister of Planning, Provincial Affairs and National Housing Regional and Land Affairs and request that Minister in consultation with the Administrator and the Chief Minister to modify the proposals in accordance with the requirements of the State President and to submit to him a modified version of such proposals.".
Amendment of section 3 of Act XO of 1986 16.
"(1) The Minister of Planning, Provincial Affairs and National Housing Regional and Land Affairs may at the written request of and in consultation with the Administrator and the Chief Minister draw up and submit to the State President a proposed amendment to a proclamation published under section 2(4).".
Amendment of section 7 of Act 80 of 1986, as amended by section 3 of Act 74 of 1991 17.
Amendment of section 11 of Act 80 of 1986 18.
"(c) to the Administrator, who shall within seven days transmit the report to the Minister of Planning, Provincial Affairs and National Housing Regional and Land Affairs, who shall table it in Parliament within 14 days after receipt thereof if Parliament is then in ordinary session or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.".
Insertion of sections 27A, 27B, 27C, 27D and 27E in Act 108 of 1991 19.
The Promotion of the Economic Development of National States Act, 1968 (Act No.
section 16 of the Black Laws Amendment Act, 1974 (Act No.
sections 12 to 15 inclusive of the Black Laws Amendment Act, 1976 (Act No.
the Promotion of the Economic Development of National States Amendment Act, 1977 (Act No.
section 12 of the Black Laws Amendment Act, 1978 (Act No.
sections 4 and 5 of the Laws on Co-operation and Development Amendment Act, 1980 (Act No.
section 9 of the Laws on Co-operation and Development Amendment Act, 1983 (Act No.
sections 6 to 11 inclusive of the Laws on Co-operation and Development Amendment Act, 1984 (Act No.
section 1 of the Laws on Development Aid Second Amendment Act, 1986 (Act No.
sections 4 and 5 of the Development Aid Laws Amendment Act, 1988 (Act No.
paragraph D of the Schedule to Proclamation No. R.27 of 1992.
This section shall come into operation on a date fixed by the State President by proclamation in the Gazette.
27B. (1) The State President may, in order to bring about the phasing out and dissolution of the South African Development Trust Corporation Limited referred to in section 1A of the Promotion of the Economic Development of National States Act, 1968 (Act No.
transfer any asset (including land) or right acquired and any liability or obligation incurred by the Corporation to the State, any State department, institution or person, and the State, State department, institution or person, shall, after such transfer be deemed to have acquired the asset or right or to have incurred the liability or obligation?
transfer any person in the service of the Corporation to any State department or institution, subject to the adjustments (if any) to the conditions of service, remuneration and pension rights of such person as may be specified in the proclamation: Provided that any person who declines such transfer, shall be dealt with in terms of the provisions governing his conditions of service, remuneration and pension rights.
Any transfer or assignment referred to in subsection (1) shall be subject to any term, condition, restriction or direction of the State President as specified in the relevant proclamation.
The registrar of deeds in question shall make the necessary entries and endorsements in respect of his registers and other documents, as well as in respect of any relevant documents produced to him, in order to give effect to such a transfer.
No transfer duty, stamp duty or other fees shall be payable in respect of such a transfer, entry or endorsement.
Public Service Act, 1984 (Act No. 111 of 1984).
27C. (1) The State President may, with a view to a transfer or assignment referred to in section 27B, by proclamation in the Gazette from a date fixed by him in such proclamation establish a development institution for an area in which there is no development institution.
The objects of a development institution are to plan, finance, co-ordinate, promote and carry out the development of the area concerned and the inhabitants of such an area in the fields of industry, commerce, finance, mining, agriculture and other business.
The provisions of the Promotion of the Economic Development of National States Act, 1968 (Act No. 46 of 1968), in respect of a development corporation established under section 5 of the said Act, shall mutatis mutandis apply to a development institution.
27D. The State President may by proclamation in the Gazette from a date fixed by him in such proclamation dissolve a development corporation or a corporation established under section 5 of the Promotion of the Economic Development of National States Act, 1968 (Act No. 46 of 1968), or a development institution established under section 27C, and may regulate matters relating to the assets, liabilities, rights and obligations of that development corporation. corporation or development institution.
27E. Any act by the South African Development Trust Corporation Limited which purports to have been done in terms of the Promotion of the Economic Development of National States Act, 1968 (Act No. 46 of 1968), with a view to the dissolution of the Corporation, and which can in terms of section SA of the said Act be done by proclamation by the State President, shall be deemed to have been done in terms of section 27B of this Act.
Amendment of section 1 of Act 125 of 1991 20.
" 'Minister' means the Minister of Planning, Provincial Affairs and National Housing Regional and Land Affairs;".
<fn>GOV-ZA.14922En.2012-02-10.en.txt</fn>
Government Gazette 14922 STATE PRESIDENT'S OFFICE No. 1162. 7 July 1993 It is hereby notified that the State President has assented of the following Act which is hereby published for general information: No. 90 of 1993: Magistrates Act, 1993. GENERAL EXPLANATORY NOTE: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.
To provide for the establishment, constitution, objects and functions of a Magistrates Commission; to further regulate the appointment and remuneration of, and vacation office by, magistrates; to provide that certain conditions of service of magistrates and other judicial officers may be determined by regulation; and to provide for matters in connection therewith.
Act, 1944 (Act No.
"this Act" includes the regulations under section 16.
There is hereby established a commission, to be known as the Magistrates Commission, with the powers and duties conferred on or assigned to it by or under this Act or any other law.
one legal academic designated by the Society of University Teachers of Law.
The chairman shall designate one of the persons referred to in paragraph (a)(iii) to (v), inclusive, as vice-chairman of the Commission, and when the chairman is not available, the vice-chairman shall perform the functions assigned to the chairman by or under this Act.
A member of the Commission shall be appointed for a period not exceeding five years, and any such appointment may be withdrawn by the State President at any time after consultation with the Commission if in his opinion there are sound reasons for doing so.
Any person whose period of office as a member of the Commission has expired, may be reappointed.
A vacancy in the Commission shall not affect the validity of the proceedings or decisions of the Commission.
the independence of the dispensing of justice; and the efficiency of the administration of justice, in the lower courts.
by the chairman or, if he is not available, by the vice-chairman of the Commission; or if both the chairman and the vice-chairman of the Commission are not available, by the majority of the members of the Commission.
The majority of the members of the Commission shall constitute a quorum for a meeting of the Commission.
If both the chairman and the vice-chairman of the Commission are absent from a meeting of the Commission, the members present shall elect one of their number to preside at that meeting.
The person presiding at a meeting of the Commission may regulate the proceedings and procedure thereat, including the quorum for a decision of the Commission, and shall cause minutes to be kept of the proceedings.
The proceedings of the Commission shall take place in camera unless the person presiding at a meeting directs otherwise.
The Commission may establish one or more committees consisting of one or more members of the Commission designated by the Commission and one or more other persons, if any, whom the Commission may appoint for that purpose and for the period determined by it.
The Commission may extend the period of an appointment made by it under subsection (1) or withdraw such appointment during the period referred to in that subsection.
The Commission shall designate a chairman for every committee and, if it deems it necessary, a vice-chairman.
A committee shall, subject to the directions of the Commission, perform such functions of the Commission as the Commission may assign to it.
On completion of the functions assigned to it in terms of subsection (4), a committee shall submit a written report thereon to the Commission, whereupon the committee shall automatically dissolve.
The Commission may at any time dissolve any committee.
The provisions of section 5 shall mutatis mutandis apply to a meeting of a committee.
Commission in the manner which and to whom it deems fit and subject to the provisions of subsection (2), report to the Minister for the information of Parliament on any matter it deems fit.
A report regarding a matter contemplated in subsection (1)(f), shall be tabled in Parliament by the Minister within 14 days after it was presented to him, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
A committee may, subject to the directions of the Commission, exercise any of the powers referred to in subsection (1)(a), (b) or (c).
Any person who intentionally obstructs the Commission or a committee in the exercising of its powers under subsection (1)(a), (b) or (c), shall be guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding three months.
The chairman of the Commission or a member of a committee who is a judge of the Supreme Court, may be paid such allowances for travelling and subsistence expenses incurred by him in the performance of his functions in terms of this Act as the Minister may determine with the concurrence of the Minister of State Expenditure.
A member of the Commission or a committee who is not a judge or magistrate and who is not subject to the laws governing the public service, may be paid such remuneration, including allowances for travelling and subsistence expenses incurred by him in the performance of his functions in terms of this Act, as the Minister may determine with the concurrence of the Minister of State Expenditure.
The work incidental to the performance by the Commission of its functions shall be performed by officers of the Department of Justice designated by the Director-General: Justice, of whom one shall be designated by him as secretary of the Commission.
The Minister shall, after consultation with the Commission, appoint magistrates in respect of lower courts under and subject to the Magistrates' Courts Act.
Subject to the provisions of this Act, the conditions of service of a magistrate shall be determined in accordance with the regulations under section 16.
(a) Subject to the provisions of this section, any person occupying the office of magistrate shall, in respect of that office, be paid a salary in accordance with the scale determined from time to time for his rank and grade by the Minister by notice in the Gazette in consultation with the Commission and after consultation with the Commission for Administration and with the concurrence of the Minister of State Expenditure.
Different categories of salaries and salary scales may be so determined in respect of different categories of magistrates.
A notice in terms of subsection (1) or any provision thereof may commence with effect from a date which may not be more than one year before the date of publication thereof.
The first notice in terms of subsection (1) shall be issued as soon as possible after the commencement of this Act, and thereafter such a notice shall be issued if circumstances, including any revision and adjustment of salaries and allowances of public servants since the latest revision and adjustment of salaries of magistrates, so justify.
A notice issued in terms of subsection (1) shall be tabled in Parliament within 14 days after publication thereof, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
If Parliament by resolution disapproves such a notice or any provision thereof, that notice or that provision, as the case may be, shall lapse to the extent to which it is so disapproved with effect from the date on which it is so disapproved.
any right, privilege, obligation or liability acquired, accrued or incurred as at that date under or by virtue of the notice or provision.
The amount of any salary payable in terms of subsection (1), shall be paid from moneys appropriated by Parliament for that purpose.
The salary payable to a magistrate shall not be reduced except by Act of Parliament: Provided that a disapproval contemplated in subsection (4)(b) shall, for the purposes of this subsection, not be deemed to result in a reduction of such salary.
If an officer or employee in the public service is appointed as a magistrate, the period of his service as a magistrate shall be reckoned as part of and continuous with his service in the public service for the purposes of leave, pension and any other condition of service.
A magistrate shall vacate his office on attaining the age of 65 years: Provided that if he attains the said age after the first day of any month, he shall be deemed to attain that age on the first day of the next ensuing month.
A magistrate shall not be suspended or removed from office except in accordance with the provisions of subsections (1), (3), (4) and (5).
on account of incapacity to carry out his duties of office efficiently.
A magistrate so suspended from office shall receive, for the duration of such suspension, no salary or such salary as may be determined by the Minister on the recommendation of the Commission.
A report in which the suspension of a magistrate and the reason therefor are made known, shall be tabled in Parliament by the Minister within 14 days after such suspension, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
If Parliament, within 21 days after the report referred to in paragraph (c) was tabled in Parliament, passes a resolution in which the restoration to his office of a magistrate so suspended is recommended, such magistrate shall be restored to his office accordingly.
If Parliament does not pass a resolution in accordance with paragraph (d), the Minister shall confirm the suspension and remove the magistrate concerned from his office.
The Minister shall remove a magistrate from his office if Parliament passes a resolution recommending such removal on the ground of misconduct of the magistrate or on account of his continued ill-health or his incapacity to carry out his duties of office efficiently.
on account of continued ill-health; or for any other reason which the Minister deems sufficient.
Any request of a magistrate contemplated in paragraph (a)(ii) shall be addressed to the Minister so that he receives it at least six calendar months before the date on which the magistrate wishes so to vacate his office, unless the Minister approves a shorter period in a specific case.
to have been retired in accordance with section 15(4) of the Public Service Act, 1984 (Act No. 111 of 1984), as the Minister may direct, and he shall be entitled to such pension benefits as he would have been entitled to under the pensions Act applicable to him if he had been so removed from office or had been so retired, according to the direction of the Minister.
A magistrate shall possess the powers and perform the duties conferred on or assigned to him by or under the laws of the Republic or, in any specific case, by the Minister after consultation with the Commission.
No magistrate shall, without the consent of the Minister, perform any paid work outside his duties of office.
in general, any matter, which is not in conflict with this Act, which is reasonably necessary for the regulation of the conditions of service of judicial officers or any matter in connection with the rights, powers, functions and duties of a judicial officer.
A regulation made under this section shall be in force unless and until Parliament during the session in which the list referred to in section 17 of the Interpretation Act, 1957 (Act No. 33 of 1957), which relates to that regulation, has been laid upon the Table in Parliament, by resolution disapproves the regulation, in which event the regulation shall lapse with effect from a date to be specified in the resolution.
The lapsing of a regulation in terms of this subsection shall not affect the validity of anything done under the regulation prior to the date mentioned in the resolution.
The provisions of this subsection shall not affect the power of the Minister to make a new regulation regarding the matter dealt with by a regulation that has lapsed in terms of paragraph (a).
Any regulation under this section which results in State expenditure, shall be made with the concurrence of the Minister of State Expenditure.
No regulation made under subsection (1), shall contain any provision which affects the service benefits of any magistrate as they existed prior to the date of commencement of this section to his detriment.
Different regulations may be made under subsection (1) in respect of magistrates and other judicial officers.
Amendment of section 9 of Act 32 of 1944, as substituted by section 2 of Act 8 of 1967 and amended by section 4 of Act 53 of 1970, section 8 of Act 102 of 1972, section 11 of Act 29 of 1974, section 24 of Act 94 of 1974, section 1 of Act 28 of 1981 and section 2 of Act 34 of 1986 17.
of this subsection and of section 10, the Minister may appoint for any district or subdistrict a magistrate, one or more additional magistrates or one or more assistant magistrates and for every regional division a magistrate or magistrates.
Any person who immediately before the date of commencement of section 10 occupied the office of magistrate or held the substantive rank of magistrate or regional magistrate, shall as from the said date be deemed to have been duly appointed in terms of the provisions of section 9 of the Magistrates' Courts Act read with section 10 of this Act, and the provisions of this Act shall be applicable to such person.
The salary paid to a magistrate immediately before the date of commencement of the first notice contemplated in section 12(1), or any provision thereof which may be applicable to him, shall be deemed to have been determined in terms of that section.
The conditions of service applicable to a person referred to in subsection (1) immediately before the date of commencement of section 12, shall not be affected to his detriment, and no such condition of service shall, after such date, be construed or applied in a manner which is less favourable to the person concerned than the manner in which it was construed or applied immediately before the said date.
measure regarding the duties, functions and powers; or (c) arrangement regarding any administrative function, which applied to a magistrate or other judicial officer immediately before the date of commencement of any regulation under section 16 relating to such matter, shall remain in force until the date on which such regulation commences.
This Act shall be called the Magistrates Act, 1993, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
Different dates may be so fixed in respect of different provisions of this Act.
<fn>GOV-ZA.14926En.2012-02-10.en.txt</fn>
No. 94 of 1993: Environment Conservation Amendment Act, 1993.
To amend the Environment Conservation Act, 1989, so as to substitute a new committee for the Committee for Environmental Management; to assign to or impose upon the new committee certain powers, functions and duties; to provide for the election of an executive committee and the appointment of subcommittees by such new committee; to provide for the payment of allowances to certain members of such subcommittees and to persons co-opted onto such new committee; to regulate the meetings and decisions of the new committee; and to substitute a certain obsolete expression; and to provide for matters connected therewith.
Amendment of section 1 of Act 73 of 1989, as amended by section 1 of Act 98 of 1991 and section 1 of Act 79 of 1992 1.
" 'committee' means the Committee for Environmental Management Co-ordination established by section 12;".
Amendment of heading to Part II of Act 73 of 1989 2.
Substitution of section 12 of Act 73 of 1989 3.
Environmental Management Co-ordination.
Substitution of section 13 of Act 73 of 1989, as amended by section 5 of Act 79 of 1992 4.
investigate the state of the environment or cause it to be investigated and shall biennially in the manner it deems fit, in writing report to the Minister thereon.
For the purposes of this section, 'departments' means departments referred to in section 6(1) of the Public Service Act, 1984 (Act No. 111 of 1984).
Substitution of section 14 of Act 73 of 1989, as amended by section 6 of Act 79 of 1992 5.
the Chief of the South African Defence Force.
Every member of the committee referred to in subsection (1)(c) shall appoint an alternate member from his department, and any alternate member so appointed shall act in place of the member in respect of whom he has been appointed as alternate member, during such member's absence or inability to act as a member of the committee: Provided that an alternate member shall not hold a rank lower than that of Chief Director.
When the chairman is absent the Deputy-Director-General of the Department who is designated by the Director-General as deputy chairman, shall act as chairman, and when both the chairman and the deputy chairman are absent, the members present shall from their number elect a person to preside at that meeting.
The committee may co-opt persons who are involved in environmental affairs at national level and who in the opinion of the committee can make a contribution to the activities of the committee.
Insertion of sections 14A, 14B and 14C in Act 73 of 1989 6.
14A. (1) (a) The committee may from its number elect an executive committee consisting of such number of members as the committee may determine.
The chairman of the committee shall be the chairman of the executive committee.
The executive committee shall perform such functions as the committee may determine.
The committee may appoint subcommittees consisting of such persons as the committee may determine, to assist the committee in the performance of its functions.
The committee shall designate a member of a subcommittee as chairman of such subcommittee.
14B. A member of a subcommittee and a person co-opted in terms of section 14(4) who is not in the full-time employment of the State may be paid from money appropriated by Parliament for that purpose such remuneration and allowances as the Minister may, with the concurrence of the Minister of State Expenditure, determine either in general or in any particular case.
14C. (1) The committee shall meet as often as may be necessary.
At a meeting of the committee a quorum shall consist of 10 members, who need not include the chairman.
The committee shall decide on any matter by a majority of votes cast at a meeting by the members present.
In the event of an equality of votes on any matter considered by the committee at a meeting, the chairman shall have a casting vote in addition to his deliberative vote.
Every member present at a meeting shall cast his vote on every matter considered at the meeting.
The first meeting of the committee shall be held at a time and place determined by the chairman, and subsequent meetings at times and places determined by the committee.
Subject to the provisions of this Act, the committee shall determine its own procedures and put them to writing.
At a meeting of the committee the procedure so determined shall be followed: Provided that until a procedure has been so determined, the procedure determined by the chairman shall be followed.
Amendment of section 18 of Act 73 of 1989, as amended by section 7 of Act 79 of 1992 7.
Section 18 of the principal Act is hereby amended by the deletion of paragraph (c) of subsection (2).
The principal Act is hereby amended by the substitution for the expression "Minister of Finance", wherever it occurs, of the expression "Minister of State Expenditure".
This Act shall be called the Environment Conservation Amendment Act, 1993.
<fn>GOV-ZA.14927En.2012-02-10.en.txt</fn>
Government Gazette 14927 STATE PRESIDENT'S OFFICE No. 1167. 7 July 1993 It is hereby notified that the State President has assented to the following Act which is hereby published for general information:- No.
To provide for the establishment of a Security Forces Board of Inquiry to inquire into any allegation that an offence has been committed by a member of the Security Forces; to regulate the powers, functions and duties of the said Board; and to provide for matters connected therewith.
of the South African Defence Force or the Reserve referred to in sections 5 and 6, respectively, of the Defence Act, 1957 (Act No.
of the Force as defined in section 1 of the Police Act, 1958 (Act No.
of the Department of Correctional Services referred to in section 2(1) of the Correctional Services Act, 1959 (Act No.
of a category referred to in section 334(1) of the Criminal Procedure Act, 1977 (Act No.
a contravention of the Corruption Act, 1992 (Act No.
any attempt to commit an offence mentioned in paragraphs (a) to (e).
(a) There is hereby established a board to be known as the Security Forces Board of Inquiry.
The seat of the Board shall be in Pretoria.
to make recommendations to the State President, as soon as possible thereafter, in respect of the surmounting of problems experienced in inquiring into serious offences alleged to have been committed by members of a security force.
one shall be called the Chief Executive Officer; and one shall be an Area Director.
For the purpose of the performance by the Board of its functions in respect of an offence alleged to have been committed in a particular area, the member referred to in subsection (1)(c) shall be the Area Director for that area.
and (2) of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), and, after having become so qualified, was for a period of at least 10 years or for periods which together amount to at least 10 years, involved in the application of the law.
No person shall be appointed as a member of the Board unless he is a South African citizen permanently resident in the Republic.
A member of the Board shall at the expiry of his term of office be eligible for reappointment for such period, not exceeding three years at a time, as the State President may determine.
on account of continued ill-health; or on account of incapacity to carry out his duties of office efficiently.
Any vacancy on the Board arising by virtue of the provisions of subsection (6), or caused by the death of a member, or for any other reason whatsoever, shall subject to the provisions of this section, be filled by the State President by the appointment of another person for the unexpired portion of the period for which the member concerned was appointed.
Two members of the Board shall form a quorum.
is not a judge or an attorney-general, shall be entitled to such remuneration, allowances (including any allowance for reimbursement of travelling and subsistence expenses incurred by him in the performance of his functions as such a member) benefits and privileges as the State President may determin?
Different remunerations, allowances, benefits or privileges may be determined under subsection (1) in respect of the different members of the Board.
In the performance of its functions under this Act the Board shall be assisted by officers in the public service made available for such purpose by the Director-General: Justice.
Board made by me or by any other person.
No shorthand notes or mechanical record of the proceedings of the Board shall be transcribed except by order of the Chairman.
Every person employed in the performance of the functions of the Board including any person referred to in subsection (2), shall aid in preserving secrecy in regard to any matter or information that may come to his knowledge in the performance of his duties in connection with the said functions, except in so far as the publication of such matter or information shall be necessary for the purpose of the report of the Board.
The expenditure in connection with the performance of the Board's functions shall be paid out of money appropriated by Parliament for such purpose.
withdraw a notice in terms of paragraph (a).
The State President shall appoint for each area an Area Director, who shall perform the functions conferred or imposed upon him in terms of this Act.
duly qualified as contemplated in section 3(1)(b) and (2) of the Admission of Advocates Act, 1964 (Act No. 74 of 1964); or who satisfies the requirements contemplated in section 15(1)(b)(iii)(aa) or (bb) of the Attorneys Act, 1979 (Act No. 53 of 1979); or who holds the necessary qualifications to be appointed as a magistrate under the Magistrates' Courts Act, 1944 (Act No.
has such other experience as, in the opinion of the State President, renders him suitable to be so appointed.
Director; or for inquiries in general by him.
If any person in the service of the State is appointed in terms of subsection (1)(a), (b), (c) or (d)(ii), he shall one month after he has been so appointed cease to be so in service.
The Minister shall determine the conditions of service of a person appointed in terms of subsection (1), who shall be entitled to such remuneration, allowances (including any allowance for reimbursement of travelling and subsistence expenses incurred by him in the performance of his functions in terms of this Act), benefits and privileges as the Minister may, with the concurrence of the Minister of State Expenditure, determine.
Different remunerations, allowances, benefits or privileges may be determined under paragraph (a) in respect of different persons.
If a person has reasonable grounds to suspect that a serious offence is being or has been committed by a member of a security force while he is or was exercising or performing his duties or functions as such a member, he may report what he suspects to the Board or the Area Director concerned by means of an affidavit or affirmed declaration in which is also mentioned the grounds on which the suspicion is based; and all other relevant information known to him.
If a member of the South African Police or a military policeman has heard of an allegation that a member of a security force is committing or has committed an offence as contemplated in subsection (1), he shall forthwith report it to the station commander of the police station concerned, who shall forthwith notify the Area Director concerned thereof.
If an Area Director has heard, as is contemplated in subsections and (2), of the alleged commission of an offence, he shall forthwith notify the Chairman thereof.
(a) If an Area Director has by virtue of the provisions of section 10(1) or (2) heard of the alleged commission of a serious offence or if the alleged commission of such an offence has been reported to the Board in terms of the said section 10(1), or if the Minister has directed that the alleged commission of such an offence be inquired into, such Area Director or the other Area Director concerned shall, unless he is of the opinion that the allegations contemplated in the said section 10(1) or (2) are of a vexatious or frivolous nature, forthwith hold an inquiry into the matter concerned and notify the members of the South African Police or the Military Police concerned thereof.
If an Area Director conducts an inquiry and has given notice in terms of paragraph (a), the South African Police and the Military Police shall not inquire into the alleged offence or, if they have already commenced such an inquiry, shall cease such inquiry and forthwith deliver all documents and exhibits in connection with the alleged offence at their disposal to the Area Director concerned.
If an Area Director, at any time during the holding of an inquiry in terms of subsection (1), believes that it is in the interest of the administration of justice or in the public interest to inquire also into any other alleged offence which he suspects to be connected with the subject-matter of his inquiry, he may conduct an inquiry into such other offence as well.
An Area Director may for the purposes of an inquiry in terms of subsection (1) or (2) at any time prior to or during the holding of the inquiry designate any person referred to in section 9 to assist him with the inquiry and to report to him.
An Area Director and a person assisting him in terms of paragraph shall for the purpose of the inquiry concerned be deemed to be a police official as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and have the same powers as those which such an official has in terms of the said Act and section 5(c) of the Police Act, 1958 (Act No. 7 of 1958).
An Area Director may request the South African Police to make available for the purposes of an inquiry in terms of this section their scientific resources and experts, and the South African Police shall, in so far as it is possible for them, accede to such request.
When an Area Director has completed an inquiry in terms of this section he shall furnish a report on his inquiry to the other members of the Board.
(a) When the Chairman and the Chief Executive Officer receive a report in terms of section 11(5) they may request the Area Director to conduct such further inquiry in terms of section 11 as they may determine and to submit again to them a report in terms of section 11(5).
If the two members of the Board do not take steps in terms of paragraph (a), the Board may refer the matter to the South African Police for disposal.
If the two members of the Board do not take steps in terms of paragraph (a) and the Board does not take steps in terms of paragraph (b) and is not of opinion that the allegations concerned are of a vexatious or trivial nature, the Board shall conduct such further inquiry as it may deem fit.
For the purposes of the performance of its functions the Board shall be deemed to be a commission contemplated in the Commissions Act, 1947 (Act No. 8 of 1947).
The proceedings of the Board shall be recorded in such manner as the Chairman may determine.
When the Board is satisfied upon evidence or information presented to it that an inquiry may adversely affect existing, instituted or pending judicial proceedings or inquiries which may lead to the institution of judicial proceedings, evidence which is relevant to such proceedings or inquiries shall be dealt with by the Board in such a manner that such proceedings or inquiries are not adversely affected.
The provisions of paragraph (a) shall not preclude the Board from taking cognizance of evidence given during such proceedings or inquiries which is relevant to its functions, and the Board may take cognizance of the findings made during such proceedings and inquiries.
President or in terms of an Act, was instituted or completed before the commencement of this Act.
The Board shall at least every six months submit to the State President a report on its work during the preceding six months and may at any time before the completion of any inquiry by it submit to the State President an interim report in respect of any matter which in its opinion should urgently be brought to the attention of the State President.
2(2)(c) (if any); and submit to the attorney-general concerned a report together with all relevant statements, recorded evidence and documents for his decision.
The State President shall within 14 days after a report has been submitted to him in accordance with the provisions of this Act, make known for public information such report, and may also table it in Parliament, except in so far as the publication thereof is prohibited by any law.
A member of the Board or a member of its staff or a person referred to in section 9(1) shall not be liable in respect of anything done in good faith under a provision of this Act.
The Minister may make regulations regarding any matter in respect of which he considers it necessary or expedient to make regulations to achieve the objects of this Act.
If the Board has reason to suspect that a serious offence has been or is being committed by a member of a security force in a self-governing territory as defined in section 38(1) of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), it may notify the Minister accordingly, and thereupon the State President may, at the request of the Minister and after consultation by the Minister with the government of the self-governing territory concerned, by proclamation in the Gazette declare this Act to be applicable in that self-governing territory and that the Minister and the Board and its staff shall be competent to perform their respective functions under this Act also in that self-governing territory.
After such a proclamation has been issued, this Act shall, notwithstanding the Self-governing Territories Constitution Act, 1971, apply mutatis mutandis in the self-governing territory concerned until the inquiry into the offence suspected to have been committed and all criminal or civil proceedings arising from such inquiry have been disposed of.
<fn>GOV-ZA.14928En.2012-02-10.en.txt</fn>
An Investigation into Species Composition and Dry Matter Production Change after Brush Cutting and Herbicide Treatment in Pteronia Pallens and P.
Pteronia pallens and P. paniculata are unpalatable species that dominate the veld in large parts of the Little Karoo. They normally increase as a result of overgrazing and, because of their longevity, are not easily replaced by more palatable plant species.
Organic wheat production is seen as a way of spreading risk because it is a niche market that can obtain higher prices. However, there is uncertainty about the potential of the organic wheat industry in South Africa.
This project aims to determine the optimum row width and plant density for canola (Verola 50) in a system of minimum tillage at Tygerhoek Experimental Farm.
Four rates of fertiliser nitrogen (0, 50, 100 and 150kg N/ha) are tested in combination with four factors (soil temperature, soil moisture, soil reaction and day length) as separate experiments:N rate and soil temperature (6, 12 and 18 oC), N rate and soil moisture (0.
Treatments include 5 levels of P (0, 80, 160, 240 and 300kg P/ha - incorporated to a depth of approximately 150mm prior to planting) and 5 levels of N (0, 200, 400, 600 and 800kg N/ha/annum).
The project involves planting different cultivars at different regions.
Five P-rates (0, 40, 80, 120 and 160 kg P/ha) are applied as topdressings (applied to the soil surface and irrigated into the root zone or mixed with the top 10cm soil through rotovator action).
This project involves planting different cultivars at different localities.
Degradation and desertification are two of the most important threats to our natural vegetation in arid and semi-arid areas.
This project involves investigating retting at three localities.
<fn>GOV-ZA.14931En.2012-02-10.en.txt</fn>
The aim is to try and re-establish the natural veld in this area. The project locality used to be cultivated, but due to the sandy soil and low rainfall, naturally adapted veld species should be more economically sustainable in the long run.
<fn>GOV-ZA.14932En.2012-02-10.en.txt</fn>
It is the intention of this project to examine the Remote Sensing (RS) industry, in particular that which has relevance to the Western Cape and, more specifically, agriculture and precision agriculture.
The project team are investigating how irrigation water can be used optimally and are determining accompanying Best Management Practices.
The project is developing guidelines for the implementation of conservation farming practices to ensure sustainable resource utilisation.
This project involves the development and management of a comprehensive, inclusive information database containing all the relevant LRAD agricultural information in the Western Cape.
Cape metro and surrounding irrigated agricultural regions are under constant threat of water shortages.
All projects are funded from our central office at Elsenburg, following a prioritisation process.
The investigation includes considering different development options to utilise the water of the Doring River and to create farming and job opportunities.
This is a study to optimise the use of existing water resources and infrastructure.
<fn>GOV-ZA.14933En.2012-02-10.en.txt</fn>
Prosopis spp have been declared invader species under the Conservation of Agricultural Resources Act of 1983. They dominate vast areas of the Karoo, in some areas to such an extent that it has become impenetrable for animals.
The Agricultural Overview Documents (OVD) contain voluminous information, mainly in text and table form (in Afrikaans).
The project will serve as a pilot project for the future rollout of a GIS strategy to other areas in the Western Cape, specifically in terms of the planning requirements for the sub-directorate: Resource Conservation.
This project involves developing a comprehensive Information Database containing all the relevant Agricultural information in the Western Cape that will provide timely and accurate managerial information.
The project will use a variety of methodologies to map agricultural activities in the Western Cape for use in planning and spatial development frameworks.
The project entails the collation of the latest climatic data statistics and the interpolation thereof using the latest technology to form continuous climate spatial climate models for the Western Cape. Data included are rainfall, temperatures (maximum & minimum), evaporation and solar radiation.
<fn>GOV-ZA.14934En.2012-02-10.en.txt</fn>
The Western Cape has many unique plant species like lavender, geranium, rosemary, and marigold that have a wide variety of applications. However, although these crops are produced, little is known about their economic viability.
Changing consumer behaviour in the main export markets indicate that consumers are looking for products that have less health risk and are produced in harmony with the environment and without the exploitation of labour.
The study addresses two important research questions that are in essence motivated by the trade policy reform that took effect in the 1990s to reverse decades of inward industrialisation strategies.
The goal of trade liberalisation and deregulation is to create increased opportunities and global competitiveness in the trade of agricultural products. However, it has also created a considerable degree of price squeeze and risk into the South African wheat industry.
It will build a database of the various agritourism ventures in the Western Cape which will be managed on the Elsenburg GIS.
Fuelled by technological advances, the role of Intellectual property rights (IPRs) in international trade has grown considerably over the last three decades. Advances in the fields of communication, information processing and biotechnology brought with it the need for greater intellectual property rights protection.
<fn>GOV-ZA.14935En.2012-02-10.en.txt</fn>
No. 86 of 1993: Academic Health Centres Act, 1993.
To provide for the establishment of academic health centres and for the control, administration and management thereof; and for matters connected therewith.
(Afrikaans text signed by the Acting State President.
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa.
"this Act" includes any regulation made thereunder.
There is hereby established a council to be known as the Policy Council for Academic Health Centres.
may advise any health authority or supervisory board on any matter referred to the policy council by the relevant authority or supervisory board; and may in general perform such acts as are necessary or considered by the policy council to be expedient for the achievement of the objects of this Act.
the President of the MRC referred to in section 9 of the South African Medical Research Council Act, 1991 (Act No.
the President of the South African Medical and Dental Council referred to in section 7 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No.
the President of the South African Nursing Council referred to in section 7 of the Nursing Act, 1978 (Act No.
the principal or rector, as the case may be, of each university with a faculty of medicine; and not more than two additional members whom the Minister, after consultation with persons mentioned in paragraphs (a) to (h), deems necessary with a view to the effective performance of the functions of the policy council.
A member of the policy council referred to in subsection (1)(i) shall hold office for such period as the Minister may determine at the time of his appointment, but may be reappointed.
The policy council shall at its first meeting, and at meetings thereafter when it becomes necessary, from among its members elect a vice-chairman of the policy council, who shall hold office for such period as the policy council may determine at the time of his election.
If the chairman is absent or is for any reason unable to act as chairman, the vice-chairman shall perform the functions of the chairman.
The chairman or vice-chairman or, in their absence, a member of the policy council elected by the members present, shall preside at a meeting of the council.
The meetings of the policy council shall be held at such times and places as the chairman of the policy council may from time to time determine.
The quorum for a meeting of the policy council shall be a majority of its members.
The decision of at least two-thirds of the members present at a meeting shall constitute a decision of the policy council.
The policy council may in its discretion determine the procedure at its meetings.
Any member of the policy council, except a member referred to in section 4(a) and (i), may, subject to the directives of the policy council, designate any person to act in his stead as a member of the policy council.
Any alternate member may attend and take part in the proceedings at any meeting of the policy council whenever a member in whose stead he has been designated as an alternate member, is absent from the meeting.
A member of the policy council who is not in the full-time employment of the State shall, in respect of his service as such a member, be paid, out of money appropriated by Parliament for such purpose, such remuneration, including reimbursement for transport, travelling and subsistence expenses, as the Minister may from time to time determine with the concurrence of the Minister of State Expenditure.
The policy council may with the approval of the Minister establish one or more committees to inquire into, and to report to the policy council in regard to, matters relating to the functions of the policy council and which the policy council refers to it for investigation.
A committee established under subsection (1), shall consist of one or more persons, as the policy council may determine, who may be members of the policy council or other persons who are not members of the policy council, and the policy council may at any time dissolve or reconstitute such a committee.
One of the members of the committee established under subsection shall be designated by the policy council as chairman of the committee.
Section 6 shall apply mutatis mutandis in respect of a member of a committee.
and with the concurrence of the Minister of State Expenditure, by notice in the Gazette establish an academic health centre and assign a name to such centre.
An academic health centre shall be a juristic person having control over such health care facilities as are mentioned in the notice under subsection (1).
the making available of staff to the academic health centre and the remuneration payable therefor; and any other matter to assist the academic health centre to achieve its objects.
to render services; and to provide facilities for research and for the practical training of students of such educational institutions as the Minister may determine by a notice referred to in section 8(1), in the field of health care.
The affairs of an academic health centre shall be managed and controlled by a supervisory board, which shall generally exercise control over the performance of its functions and the exercise of its powers.
Provided that an equal number of persons shall be designated under paragraphs (a), (b) and (c), respectively.
A member of a supervisory board, excluding the member mentioned in subsection (2)(e), shall hold office for the period determined at his designation or appointment, but not exceeding four years, and may be reappointed on the termination of such period.
The members of a supervisory board shall from among themselves, excluding a member referred to in subsection (2) (e), elect a person as chairman of the supervisory board and another as vice-chairman.
A member of a supervisory board, except a member who is in the full-time employment of the State or an academic health centre, shall be appointed on such conditions, including conditions relating to the payment of remuneration and allowances, as the Minister may determine with the concurrence of the Minister of State Expenditure.
The Minister may, with the concurrence of the Minister of State Expenditure, from time to time reserve any financial matter provided for in this Act as a matter in respect of which a decision of a supervisory board shall be subject to the approval of the Minister, granted with the concurrence of the Minister of State Expenditure.
Health Service Professions Act, 1974 (Act No.
Nursing Act, 1978 (Act No. 50 of 1978).
do any other thing that is necessary to achieve, or is conducive to the achievement of, the said objects; and execute, perform or exercise any duty, function or power imposed or conferred upon or entrusted to an academic health centre in terms of the provisions of this Act or any other law.
The quorum of a meeting of a supervisory board shall be a majority of its members.
The chairman or vice-chairman, or, in their absence, a member of the supervisory board elected by the members present, shall preside at a meeting of the board.
The person presiding at a meeting of the supervisory board shall determine the procedure to be followed at that meeting.
A decision of a majority of the members present at a meeting of a supervisory board shall constitute a decision of the board, and in the event of an equality of votes on any matter the person presiding at the meeting in question shall have a casting vote in addition to his deliberative vote.
No decision taken by or act performed under the authority of the board, shall be invalid by reason only of a vacancy on the board or of the fact that any person not entitled to sit as a member of the board sat as such a member at the time when the decision was taken or the act was authorized by the majority of the members of the board who were present at the time and entitled to sit as members.
A supervisory board may establish one or more committees, which shall, subject to the instructions of the supervisory board, perform such functions of the supervisory board as the supervisory board may determine.
A committee shall consist of one or more persons, as the supervisory board may determine, who may be members of the supervisory board, employees of the academic health centre or other persons whom the supervisory board deems capable, and the supervisory board may at any time dissolve or reconstitute such a committee.
If a committee referred to in subsection (1) consists of more than one member, the supervisory board shall designate a member of the committee as chairman thereof.
A supervisory board may pay to members of a committee referred to in subsection (1) who are not in the full-time employment of the State, or who are not members of the supervisory board or employees of the academic health centre, out of the funds of the centre such remuneration and allowances as the Minister, with the concurrence of the Minister of State Expenditure, may determine.
Whenever for any reason the manager is absent or unable to perform any of his functions, or whenever there is a vacancy in the office of the manager, the supervisory board may, on such conditions and with such remuneration and allowances as it may determine, appoint another person to act as manager during such absence or inability or until a manager has been appointed in terms of subsection (1), and while such other person is so acting, he shall exercise all the powers and perform all the functions of the manager.
pay such employees such remuneration, allowances, subsidies and other benefits as the supervisory board may determine in accordance with a system approved from time to time b; the Minister, on the recommendation of the policy council and with the concurrence of the Minister of State Expenditure.
A supervisory board may, in addition to the employees referred to in subsection (1), be assisted in the performance of its functions by officers and employees in the public service who have been placed at the disposal of an academic health centre in terms of section 14(3) (a) of the Public Service Act, 1984 (Act No. 111 of 1984).
A supervisory board may, on such conditions as it may deem fit, second an employee of an academic health centre, either for a particular service or for a period of time, to the service of a department of State, the government of any other country or territory, or an institution or a person in or outside the Republic, provided that the rights, privileges and benefits of such employee by virtue of his conditions of service as an employee of an academic health centre are not adversely affected by the secondment; and such employee consents thereto.
An academic health centre shall for the purposes of the Associated Institutions Pension Fund Act, 1963 (Act No. 41 of 1963), be deemed to be an associated institution.
no person shall as a consequence of such transfer and appointment acquire a retirement age which is higher than that which applied to him in the employment of the State.
The salary or salary scale referred to in subsection (1)(a) may not tee reduced without the written consent of the person concerned.
An officer or employee referred to in section 16(1) who is a member of the Government Service Pension Fund or the Temporary Employees Pension Fund shall as from his transfer under the said section become a member of the Associated Institutions Pension Fund established under the Associated Institutions Pension Fund Act, 1963 (Act No. 41 of 1963).
his membership of the fund of which he was a member shall lapse as from the date of his transfer to the academic health centre and he shall thereafter, except as is provided by paragraph (a), not have any further claim against the said fund; and the fund of which he was a member shall transfer any claim which it may have against such officer or employee to the fund of which he so became a member.
"prime rate" means the average current prime rate of the three largest banks in the Republic.
provide collateral security, including guarantees, to a financial institution as defined in section 1 of the Financial Services Board Act, 1990 (Act No.
establish, institute, erect or maintain sports or recreational societies, social clubs, social and health services, restaurants, hostels, bursary schemes for the purposes of study or other similar undertakings or schemes which in its opinion may be beneficial to such employees.
If a person employed in any capacity by or on behalf of an academic health centre suffers an injury or contracts a disease while engaged in, and which is directly attributable to, any activity in the course of his employment, the Minister may, notwithstanding the provisions of the Workmen's Compensation Act, 1941 (Act No. 30 of 1941), on the recommendation of the supervisory board and with the concurrence of the Minister of State Expenditure, authorize an academic health centre to pay compensation to such person or, in the event of his death, to his dependants.
The provisions of subsection (2) shall not affect the right of any person to claim damages in respect of any injury or disease referred to in the said subsection.
money received from any other source.
A supervisory board shall utilize the funds of the academic health centre concerned to defray expenses in connection with the performance of its functions and the exercise of its powers.
A supervisory board shall utilize any money contemplated in subsection (1)(a) in accordance with the statement of its estimated income and expenditure referred to in subsection (3): Provided that, subject to the provisions of paragraph (a), the supervisory board may utilize any amount or portion of any amount required in accordance with the said statement to be utilized for a specified purpose in connection with a specified matter, for any other purpose in connection with the matter concerned.
A Supervisory Board shall use any donations or contributions contemplated in subsection (1)(d) for such purposes and in accordance with such conditions as are determined by the donor or contributor concerned.
any work performed or services rendered by employees of the academic health centre under this Act; or the use of the academic health centre's facilities, charge such fees or make such other financial arrangements as it may deem fit.
A supervisory board may with the approval of the Minister, granted with the concurrence of the Minister of Finance, invest any unexpended portion of the funds of the academic health centre with the Corporation for Public Deposits established in terms of section 2 of the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984), or dispose thereof in any other manner.
A supervisory board may in its discretion utilize the interest on investments referred to in paragraph (a) to defray expenses in connection with the performance of its functions.
A supervisory board may with the approval of the Minister, granted with the concurrence of the Minister of State Expenditure, authorize the establishment of such reserve funds and depositing of such amounts therein as it may deem necessary.
A manager may with the approval of the Minister, granted with the concurrence of the Minister of Finance, raise money by way of loan, or otherwise obtain, money at such rate of interest and on such conditions as the supervisory board may deem expedient, and may issue debentures and, if necessary, provide security or make provision for the repayment of money so raised or obtained.
The manager shall be the accounting officer of an academic health centre and shall be charged with the responsibility of accounting for all money received and payments made by the supervisory board.
keep full and proper records of all money received or expended by, and of all assets, liabilities and financial transactions of, a supervisory board; and as soon as is practicable after the end of each financial year, prepare annual financial statements reflecting, with suitable particulars, money received and expenses incurred by the supervisory board during, and its assets and liabilities at the end of, the financial year in question.
shall be audited by the Auditor-General.
an audited statement of the source and application of funds; and a statement of cash flow information.
fairly reflect the state of affairs of the academic health centre and the results thereof; and direct attention to any material matters not specifically prescribed by this Act which have affected or are likely to affect the affairs of an academic health centre, both by way of figures and by a descriptive report, explaining, where necessary, figures in the financial statements.
A report referred to in subsection (1) shall be printed in both official languages.
As soon as practicable after a report has been submitted to the Minister in terms of subsection (1), he shall table it in Parliament.
The Minister may, subject to the terms and conditions determined by him and with the concurrence of the Minister of State Expenditure, transfer movable property and immovable property belonging to the State, to an academic health centre to enable it to perform its functions or to achieve any of its objects.
No immovable property transferred to an academic health centre in terms of subsection (1) may without the approval of the Minister, granted with the concurrence of the Minister of State Expenditure, be alienated, mortgaged or disposed of in any other manner.
The Registrar of Deeds concerned shall, at the request of the supervisory board of the academic health centre concerned and on submission of the relevant title deeds and other documents, make the necessary endorsements in his registers and on the title deeds and other documents concerned to give effect to a transfer in terms of subsection (1).
No transfer duties, stamp duty, office fees or other fees shall be payable in respect of a registration contemplated in subsection (3).
is or was responsible for a claim against the academic health centre, owing to failure to carry out his duties, the accounting officer referred to in section 21 shall determine the amount of such loss or damage, and may direct, by notice in writing, the said person to pay to an academic health centre, within 30 days from the date of the notice, the whole or any part of the amount so determined.
and (5), be deducted from his monthly salary: Provided that the deduction shall not in any month exceed a fourth of his monthly salary; or the accounting officer may, subject to the provisions of subsections (3), (4) and (5), recover the amount on behalf of the academic health centre from the person concerned by legal process.
If a person who has in terms of subsection (1) been directed to pay an amount, offers, within the period stipulated in the notice in question, to pay the amount in instalments, the manager may allow payment in the instalments he considers reasonable.
A person who has in terms of subsection (1) been directed to pay an amount may, within a period of 30 days from the date of the direction, appeal in writing against the direction to the supervisory board, stating the grounds of his appeal, and the supervisory board may, after such further investigation as it may deem necessary, dismiss the appeal or direct that the appellant be exempted, either wholly or partly, as the supervisory board may deem fair and reasonable, from the payment of the amount.
A person who has in terms of subsection (1) been directed to pay an amount may, instead of appealing to the supervisory board under subsection (4), apply within a period of 30 days from the date of the direction, or within such further period as the court may allow, to a competent court for an order setting aside the order or reducing the relevant amount, and the court may upon such an application, if it is not satisfied by the accounting officer on the merits of the case that the order was rightly made or that the amount is correct, make an order setting aside the order or reducing that amount, as the case may be.
If an amount is reduced under subsection (4) or (5), the amount so reduced shall mutatis mutandis be recovered in terms of the provisions of subsections (1), (2) and (3).
No person, including the State, shall be liable in respect of anything done in good faith and in the exercise of a power or the carrying out of a duty conferred or imposed on such person by or under this Act.
there is no longer a need for the education and training offered by an academic health centre; or the continued existence of an academic health centre is not desirable. he may, after consultation with the supervisory board, the educational institution and the health authority concerned, by notice in the Gazette declare that the academic health centre concerned shall be closed from a date mentioned in such notice.
The Minister shall not close an academic health centre in terms of subsection (1) except upon the recommendation of the policy council.
From the date on which an academic health centre or a part thereof is closed, it shall cease to be a juristic person, and all assets and liabilities of the academic health centre shall be transferred to the State, subject to the conditions of a donation, contribution or bequest.
The Minister shall appoint a person to administer the affairs of the academic health centre concerned.
The staff of an academic health centre shall after the closure of such a centre in terms of section 26 become officers in the employment of the State and be appointed to such posts as the Minister on the recommendation of the Commission for Administration established by section 2(1) of the Commission for Administration Act, 1984 (Act No. 65 of 1984), may determine.
The conditions of service of persons referred to in subsection (1) shall as from their appointment under the said subsection be regulated by the provisions of the Public Service Act, 1984 (Act No. 111 of 1984).
A person referred to in subsection (1) who is a member of the Associated Institutions Pension Fund established under the Associated Institutions Pension Fund Act, 1963, shall as from his appointment under the said subsection become a member of the Government Service Pension Fund, and the provisions of section 17(2) and (3) shall mutatis mutandis apply in respect of such a person.
The Minister may at any time, if he deems it expedient, order an investigation at an academic health centre with regard to such matters as he may determine.
one shall be a person who, in the opinion of the Judge President, has wide experience in, and has knowledge of the latest developments in, the health sciences; and one shall be a person registered as an accountant and auditor in terms of the Public Accountants' and Auditors' Act, 1991 (Act No. 80 of 1991), and who, in the opinion of the Judge President, has wide experience of, and expert knowledge of the latest developments in, the accountants' and auditors' profession.
Any person aggrieved by a decision of the Minister in terms of section 26 may within the prescribed period, in the prescribed manner and upon payment of the prescribed fees appeal against such decision to a board of appeal appointed in accordance with subsection (1).
An appeal shall be heard on the date and at the place and time determined by the hoard of appeal, which shall in writing notify the appellant and the Minister thereof.
The procedure at the hearing of an appeal shall be determined by the chairman of the board of appeal.
Any party at an appeal may present his case in person or may be represented by a legal practitioner.
A decision of a majority of the members of the board of appeal shall constitute a ruling of such board.
T he board of appeal may after hearing the appeal confirm, set aside or vary the relevant decision of the Minister.
The ruling of the board of appeal shall be in writing, and a copy thereof shall be furnished to the appellant as well as to the Minister.
A member of the board of appeal who is not in the full-time employment of the State shall in respect of his service as such a member be paid such remuneration' including reimbursement for transport, travelling and subsistence expenses incurred by him in the performance of his functions as a member of the board of appeal, as may from time to time be determined by the Minister with the concurrence of the Minister of State Expenditure.
The board of appeal may according to the requirements of the law and fairness direct that the whole or any part of the costs incurred by a party for the purposes of an appeal be paid by any other party to the appeal.
The administrative functions of the board of appeal shall be performed by the Department.
The Medicines and Related Substances Control Act, 1965 (Act No.
the Pharmacy Act, 1974 (Act No.
the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No.
the Nursing Act, 1978 (Act No.
the Dental Technicians Act, 1979 (Act No. 19 of 1979); and the Associated Health Service Professions Act, 1982 (Act No. 63 of 1982).
The Minister may by notice in the Gazette withdraw or amend any exemption granted in terms of subsection (1).
An academic hospital shall be exempted from the provisions of section 44 of the Health Act, 1977 (Act No. 63 of 1977).
For the purposes of subsection (1) "professional council concerned", in relation to an Act mentioned in that subsection, means a council established under such Act.
the period within which a board of appeal shall decide on an appeal, and generally, as to any matter in respect of which the Minister deems it necessary or expedient to make regulations in order to achieve the objects of this Act.
Regulations affecting State expenditure shall be made only with the concurrence of the Minister of State Expenditure.
Any regulation made under subsection (1) may provide that any person contravening such regulation or failing to comply therewith, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year, or to both a fine and such imprisonment.
A supervisory board may in writing delegate or assign any power, function or duty conferred or imposed by or under any provision of this Act to the chairman or any other member of a supervisory board, to the manager or any other employee of, or holder of an office with, an academic health centre or to a committee established under section 13.
The manager may in writing delegate to an employee of, or the holder of an office with, an academic health centre, any power, function or duty conferred or imposed on him by or under any provision of this Act in his capacity as manager or accounting officer.
Any delegation under subsection (1) or (2) may be made on such conditions and subject to such restrictions as the supervisory board or the manager, as the case may be, may determine.
The supervisory board or the manager shall not be divested of any power, function or duty delegated or assigned by it or him under subsection or (2), and may amend or withdraw any decision made in the exercise of such delegated power.
any reference in any law or document to such a health care facility shall be construed as a reference to the academic health centre concerned.
If immovable property has passed to an academic health centre under subsection (1), the Registrar of Deeds concerned shall at the request of such academic health centre effect the appropriate endorsements in his registers and on the title deeds in question.
This Act shall be called the Academic Health Centres Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14936En.2012-02-10.en.txt</fn>
Le Nkqubo Yokulungiswa Kwemigaqo iyiZenzele ijolise kudaleleni abantu beengingqi ekwenzeka kuzo olu phuhliso amathuba engqesho. Le nkqubo ke ilinyathelo lenkubo Yasekuhlaleni Yemisebenzi Yoluntu yaye lijolise ekuphuculeni imigaqo esele ikho ngokuthi iqeshe abantu basekuhlaleni kwezo ngingqi zophuhliso ukuba ibe ngabo abasebenzayo apho.
<fn>GOV-ZA.14937En.2012-02-10.en.txt</fn>
No. 1194.
To amend the Customs and Excise Act, 1964, so as to further regulate the disclosure of information; to exclude certain dealers in excisable goods from licensing; to further regulate liability for duties and the entry of goods; to further regulate disposal of fuel levy; to further regulate the calculation of the value for excise duty purposes and the refunds of duties on distillate fuel; to extend and amend the provisions regarding offences; to prohibit the removal of detained goods; to further regulate the detention of goods for the purpose of other laws; to amend Schedule No. 1 to the said Act; to provide for the continuation of certain amendments of Schedules 1 to 6 to the said Act; and to effect certain textual alterations; and to provide for matters connected therewith.
(Assented to 28 June 1993.
Amendment of section 4 of Act 91 of 1964, as amended by section 2 of Act 105 of 1969, section 2 of Act 110 of 1979, sections 3 and 15 of Act 98 of 1980, section 2 of Act 84 of 1987, section 4 of Act 59 of 1990 and section 1 of Act 105 of 1992 1.
(3B) (a) Notwithstanding the provisions of subsection (3), the Commissioner may from time to time by notice in the Gazette publish a list of the names of persons in respect of whom a penalty of R10 000 or more has been imposed under section 91 for offences referred to in section 80, 82, 83, 84 or 86.
the amount of the penalty imposed.
Amendment of section 36A of Act 91 of 1964, as inserted by section 11 of Act 105 of 1969 and substituted by section 16 of Act 59 of 1990 2.
"(1) Every manufacturer of excisable goods specified in Section B of Part 2 of Schedule No. 1, and every owner of excisable goods specified in Section B of Part 2 of Schedule No. 1 manufactured for him partly or wholly from materials owned by such owner, and every dealer of a class designated by the Commissioner, in pearls, precious and semi-precious stones, precious metals, metals clad with precious metals or articles containing or manufactured of such pearls, precious and semi-precious stones, precious metals or metals clad with precious metals (excluding imitation jewellery) shall license his premises as a special customs and excise warehouse for purposes of excise duty specified in Section B of Part 2 of Schedule No. 1 in terms of the provisions of this Act, and no such manufacturer or owner or dealer shall manufacture or deal in or with excisable goods specified in Section B of Part 2 of Schedule No. 1 unless he has so licensed his premises: Provided that the Commissioner may in his discretion and to the extent he deems fit, exempt, on the conditions imposed by him in each case, any such manufacturer or owner from the requirements of this Act.".
Amendment of section 44 of Act 91 of 1964, as amended by section 10 of Act 95 of 1965, sections 1 and 5 of Act 57 of 1966, section 16 of Act 105 of 1969, section 7 of Act 71 of 1975, section 8 of Act 112 of 1977, section 5 of Act 110 of 1979, section 15 of Act 98 of 1980, section 3 of Act 89 of 1984, section 5 of Act 52 of 1986, section 13 of Act 84 of 1987 and section 21 of Act 59 of 1990 3.
"(8A) Notwithstanding anything to the contrary in this Act contained, any person who owns, purchases, removes, receives, takes, delivers or deals with or in any imported goods or excisable goods or fuel levy goods which should have been duly entered, in terms of any agreement, for home consumption in any territory with the government of which such anagreement has been concluded under section 51, shall be liable for the duty on such goods brought into the Republic from such territory, and if the question arises whether such goods have been duly entered for home consumption, it shall be presumed, unless the contrary is proved, that such goods have not been so entered, and such goods shall be subject to the provisions of this Act as if they were goods which have, contrary to the provisions of subsection 47A(1), not been duly entered for home consumption in the Republic.".
Substitution of section 47A of Act 91 of 1964, as inserted by section 7 of Act 101 of 1985 and amended by section 16 of Act 84 of 1987 4.
47A. (1) Subject to the provisions of this Act, no person shall remove, receive, take, deliver or deal with or in any imported or excisable goods or fuel levy goods intended for home consumption unless such goods have been duly entered for home consumption.
If an officer discovers any imported or excisable goods or fuel levy goods which are alleged to have been duly entered, in terms of any agreement, for home consumption in any territory with the government of which the Republic has concluded such an agreement in terms of section 51, and he has reasonable cause to believe that such goods have not been so entered, he may detain such goods, and such goods shall thereupon be presumed, unless the contrary is proved, not to have been so entered and shall be subject to the provisions of this Act as if they were goods which have, contrary to the provisions of subsection (1), not been duly entered for home consumption in the Republic.
Substitution of sect on 47B of Act 91 of 1964, as inserted by section 17 of Act 84 of 1987 5.
pay monthly to every regional services council established under the Regional Services Councils Act, 1985 (Act No. 109 of 1985), and to every joint services board established under the KwaZulu and Natal Joint Services Act, 1990 (Act No.
dispose of such part of the balance of the amount of any fuel levy paid in terms of the said section 47(1) as may be determined jointly by the Minister and any other Minister who may lay claim thereto by virtue of the provisions of any other law.
Subsection (1) shall come into operation on 1 July 1993.
Amendment of section 69 of Act 91 of 1964, as substituted by section 12 of Act 68 of 1989 and amended by section 1 of Act 111 of 1991 and section 3 of Act 105 of 1992 6.
"For the purpose of assessing the excise duty on any goods manufactured in the Republic and specified in Section B of Part 2 of Schedule No. 1, the value thereof shall, subject to the provisions of this section, be taken to be the full and final market price (before deduction of any discounts other than cash discounts) at which, at the time of sale, such or similar goods are freely offered for sale, for consumption in the Republic, for purposes of trade in the principal markets of the Republic in the ordinary course of trade, in the usual wholesale quantities and in the condition and the usual packing ready for sale in the retail trade, to any merchant wholesaler in the Republic not deemed to be related as specified in section 66(2)(a) under fully competitive conditions, plus the cost of packing and packages and all other expenses incidental to placing the goods on rail any vehicle for delivery to the purchaser, plus any nonrebated excise duty payable in terms of Section A of Part 2 of Schedule No. 1 on such goods, but excluding the non-rebated excise duty payable in terms of Section B of Part 2 of Schedule No.
"(iii) the cost of packing or packages or any other expenses incidental to placing the goods on rail any vehicle."
"(3) If in the opinion of the Commissioner goods are sold or otherwise disposed of under such conditions that the value thereof cannot be ascertained in terms of subsection (1)(a) (1)(b) or (2), as the case may be, the Commissioner may determine a value, which shall, subject to the right of appeal to the court, be deemed to be correct for the purposes of this Act, and any amount due in terms of any such determination shall remain payable as long as such determination remains in force.".
Amendment of section 75 of Act 91 of 1964, as amended by section 13 of Act 95 of 1965, section 10 of Act 57 of 1966, section 8 of Act 85 of 1968, section 24 of Act 105 of 1969, section 8 of Act 103 of 1972, section 2 of Act 68 of 1973, section 9 of Act 71 of 1975, section 27 of Act 112 of 1977, section 8 of Act 93 of 1978, section 10 of Act 110 of 1979, section 15 of Act 98 of 1980, section 19 of Act 86 of 1982, section 6 of Act 89 of 1984, section 11 of Act 101 of 1985, section 9 of Act 52 of 1986, section 23 of Act 84 of 1987, section 8 of Act 69 of 1988, section 13 of Act 68 of 1989, section 29 of Act 59 of 1990 and section 13 of Act 61 of 1992 7.
"(7A) Any person to whom a refund of customs or excise duty or fuel levy has been granted on any distillate fuel in terms of the provisions of item 533.01 or 540.02 of Schedule No. 5 or item 609.05.10 or 640.03 of Schedule No. 6, as the case may be, and who has disposed of such fuel or has applied such fuel or any portion thereof for any purpose or use otherwise than in accordance with the provisions of such items and the use declared in the relevant application for refund, shall pay on demand to the Commissioner the full amount of any refund granted to him in respect of such fuel or such portion thereof as the Commissioner may in his discretion determine, during such period of two years as the Commissioner may determine, failing which such amount or such portion shall berecoverable in terms of this Act as if it were the duty or levy concerned.".
Amendment of section 80 of Act 91 of 1964, as amended by section 10 of Act 85 of 1968, section 27 of Act 105 of 1969, section 28 of Act 112 of 1977, section 22 of Act 86 of 1982, section 7 of Act 89 of 1984, section 12 of Act 52 of 1986, section 27 of Act 84 of 1987, section 32 of Act 59 of 1990 and section 8 of Act 105 of 1992 8.
"(o) contravenes the provisions of section 18(13), 18A(9), 20(4)bis, 35A(4), 37(9), 60(1), 63(1), 75(7A), 75(19), 88(1)(bA), 113(8)(c) or 114(2A); or".
Insertion of section 82 in Act 91 of 1964 9.
the imprint of which is identical to or resembles the imprint of a stamp referred to in paragraph (a) or of any stamp used by a governmental authority in a foreign country under any law of such country relating to customs or excise or to the import or export of goods, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
Any person who without lawful excuse (the onus of proof of which shall be upon him) manufactures or has in his possession or under his control any stamp the imprint of which depicts the name of a company, firm or other business entity in a foreign country, or any signs or letters which could be reasonably understood to be a reference to such company, firm or business entity, shall be guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years, or to both such fine and such imprisonment.
Amendment of section 88 of Act 91 of 1964, as amended by section 12 of Act 85 of 1968, section 30 of Act 112 of 1977, section 15 of Act 98 of 1980, section 28 of Act 84 of l987 and section 15 of Act 68 of l989 10.
"(bA) No person shall remove any ship, vehicle, plant, material or goods from any place where it was so detained or from a place of security determined by an officer, magistrate or member of the police force.".
Amendment of section 92 of Act 91 of 1964 11.
use any money in such fund, for the improvement of the benefits of officers generally or specially, for the purpose of establishing and maintaining intelligence systems and other special facilities and functions for detecting, preventing, deterring and combating customs fraud and for such other purposes to improve the effectiveness and efficiency of the administration of customs and excise services as the Commissioner may deem necessary.
(2) The Commissioner shall keep full and proper records of such fund, which shall be subject to audit by the Auditor-General.
The Commissioner shall pay at the end of any financial year any amount in excess of R5 million in such fund into the State I Revenue Fund.
Amendment of section 113 of Act 91 of 1964, as amended by section 17 Of Act 95 Of 1965, section 14 Of Act 57 of 1966, section 11 of Act 103 of 1972, section 5 of Act 68 of 1973, section 49 of Act 42 of 1974, section 25 of Act 86 of 1982, section 7 of Act 89 of 1983, section 31 Of Act 84 of l987, section 17 of Act 68 of 1989 and section 14 of Act 105 of 1992 12.
(8) (a) An officer may, for the purposes of any law other than this Act or at the request of a member of the police force or the authority administering such law, detain any goods while such goods are under customs control.
Such goods may be so detained where they are found or shall be removed to and stored at a place of security determined by such officer.
No person shall remove any goods from any place where they were so detained or from a place of security determined by an officer.
Any goods so detained may be released by the Commissioner to the South African Police, department of State the authority administering such law or personconcerned the importer.
by the deletion of subsection (10).
Amendment of Schedule No. 1 to Act 91 of 1964, as amended by section 19 of Act 95 of 1965, section 15 Of Act 57 of 1966, section 2 Of Act 96 of 1967, section 22 Of Act 85 of 1968, section 37 Of Act 105 of 1969, section 9 of Act 98 of 1970, section 2 Of Act 89 of 1971, section 12 Of Act 103 of 1972, section 6 Of Act 6X of 1973, section 3 Of Act 64 of 1974, section 13 of Act 71 of 1975, section 13 of Act 105 of 1976, section 38 Of Act 112 of 1977, section 3 of Act 114 of 1981, section 27 of Act 86 of 1982, section 10 of Act 89 of 1984, section 14 of Act 101 of 1985, section 11 of Act 69 of 198X, section 19 of Act 6X of l989, section 40 Of Act 59 of 1990, section 3 Of Act 111 of l991 and section 15 of Act 105 of 1992 13. (1) Schedule No. 1 to the principal Act is hereby amended to the extent set out in the Schedule to this Act.
Subject to the provisions of section 58(1) of the principal Act, this section shall be deemed to have come into operation on 17 March 1993.
Continuation of certain amendments of Schedules Nos. 1 to 6 to Act 91 of 1964 14. (1) Every amendment of Schedules Nos. 1 to 6 to the principal Act made under section 48(1) and (2), section 48A(1), section 56(1) or section 75(15) of the principal Act prior to 29 January 1993 shall not lapse by virtue of the provisions of section 48(6), 48A(2), 56(3) or 75(16) of the principal Act.
The amendment of Part 5 of Schedule No. 1 to the principal Act made under section 48(1) and (2) of the principal Act by Government Notice No.
R.506 of 26 March 1993, shall not lapse by virtue of the provisions of section 48(6) of the principal Act.
This Act shall be called the Customs and Excise Amendment Act, 1993.
Schedule AMENDMENTS TO SCHEDULE NO. 1 TO THE CUSTOMS AN.
If imported -6 502c/100l.
<fn>GOV-ZA.14939En.2012-02-10.en.txt</fn>
The Department of Economic Development and Tourism launched the Art DÉcor Project also known as Art in Business, to give artists in the Western Cape a platform to market their products during 2005.
The Department of Arts and Culture is running an exciting Award for Women Artists (DAC-AWA) in celebration of women's achievements all over the globe. Artworks should celebrate, in particular, South African Women's achievements, progress and lasting legacy.
<fn>GOV-ZA.14942En.2012-02-10.en.txt</fn>
This project which started in 2008 aims to provide rural communities access to the Internet as well as CPALS (a computerised library and information system). Through this project rural communities also gets access to electronic information resources and communities are empowered to acquire ICT skills.
<fn>GOV-ZA.14943En.2012-02-10.en.txt</fn>
No. 1200.
No. 104 of 1993: Financial Institutions Second Amendment Act, 1993.
To amend the Insurance Act, 1943, so as to amend or delete certain definitions; to further regulate the provisions relating to the statement of assets, and relating to assets to be held by insurers; to regulate anew the duties of intermediaries in respect of the payment to insurers of moneys received in respect of premiums; to prohibit certain inducement to take out policies; to further regulate insurance by members of Lloyds; to delete the requirements in respect of licences; to amend the provisions in respect of penalties; and to further regulate the listed securities which may be taken into account as insurance assets; to amend the Pension Funds Act, 1956, so as to amend a certain definition; to further regulate the rules of pension funds; to exclude arrear contributions from deductions which are prohibited; and to further regulate certain death benefits; to amend the Friendly Societies Act, 1956, so as to amend or delete certain definitions; to amend the Unit Trusts Control Act, 1981, so as to amend certain definitions; to provide that certain existing management companies may be exempted from compliance with increases in minimum capital requirements; to provide for the inclusion of derivative instruments in a unit portfolio; to further regulate the appointment of auditors of a management company; and to regulate anew the listing of units by a stock exchange; to amend the Participation Bonds Act, 1981, so as to delete the requirement that the registrar approves the cession of rights in a participation mortgage bond where the purpose of such cession is to secure a debt; to amend the Stock Exchanges Control Act, 1985, so as to delete certain definitions; and to provide for the admission of members of a financial market referred to in the Financial Markets Control Act, 1989, to restricted membership of a stock exchange; to amend the Financial Markets Control Act, 1989, so as to define a certain expression; and to further regulate the matters included in the rules of a financial exchange; to amend the Financial Services Board Act, 1990, so as to amend a certain definition; to make further provision in relation to the disqualification of persons as members of the board; and to further regulate the annual report of the board; to amend the Safe Deposit of Securities Act, 1992, so as to amend a certain definition; and to provide for the payment of certain fees; to provide in certain of the above-mentioned Acts, for reporting to the Minister; to provide in all of the above-mentioned Acts, for the rectification of outdated references; and to provide for matters connected therewith.
Amendment of section 1 of Act 27 of 1943, as amended by section 2 of Act 73 of 1951, section 39 of Act 24 of 1956, section 50 of Act 25 of 1956, section 1 of Act 79 of 1959, section 1 of Act 10 of 1965, section 1 of Act 41 of 1966, section 1 of Act 65 of 1968, section 1 of Act 39 of 1969, section 1 of Act 91 of 1972, section 1 of Act 101 of 1976, section 1 of Act 94 of 1977, section 1 of Act 80 of 1978, section 1 of Act 103 of 1979, section 1 of Act 99 of 1980, section 1 of Act 36 of 1981, section 1 of Act 86 of 1984, section 1 of Act 106 of 1985, section 1 of Act 54 of 1989 and section 1 of Act 83 of 1992 1.
"'Financial Services Board' means the Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No.
Labour Relations Act, 1956 (Act No.
Amendment of section 4 Of Act 27 of 1943, as amended by section 1 of Act 19 of 1945, section 3 of Act 73 of 1951, section 4 Of Act 79 of 1959, section 10 of Act 64 of 1960, section 3 of Act 10 of 1965, section 2 Of Act 39 of 1969, section 3 Of Act 101 of 1976, section 2 of Act 103 of 1979, section 4 of Act 99 of 1980, section 2 of Act 86 of 1984 and section 1 of Act 64 of 1990 2.
"(i) is a company incorporated and registered or deemed to have been incorporated and registered under the Companies Act, 1973 (Act No. 61 of 1973), or a co-operative society or co-operative company registered under the Co-operative Societies Act, 1939 (Act No. 29 of 1939), or the Co-operative Societies Ordinance, 1946 (Ordinance No. 15 of 1946), of the Territory Co-operatives Act, 1981 (Act No. 91 of 1981), or a corporate body established under the provisions of any other law; or".
Amendment of section 15 of Act 27 of 1943, as substituted by section 13 of Act 73 of 1951 and amended by section 10 of Act 79 of 1959, section 11 of Act 10 of 1965, section 3 Of Act 41 of 1966, section 5 of Act 101 of 1976, section 2 Of Act 50 of 1986, section 9 of Act 54 of 1989 and section 3 of Act 64 of 1990 3.
(iii)(cc) a reserve, in an amount deemed by the registrar to be adequate, but not less than five seven and a half per cent of the full amount aforesaid, to cover the risk of loss arising from non-receipt by the insurer of any such premiums as aforesaid.
in the case of an endorsement to a policy and a declaration in accordance with an open marine cargo policy, the first day of the month which follows on the date the documentation is issued by either the insurer or the agent, broker or other person on behalf of the insurer, whichever is issued first to the policy-holder concerned.
Amendment of section 17 of Act 27 of 1943, as substituted by section 12 of Act 10 of 1965 and amended by section 4 of Act 41 of 1966, section 2 of Act 91 of 1972, section 6 of Act 101 of 1976, section 3 of Act 94 of 1977, section 2 of Act 80 of 1978, section 4 of Act 103 of 1979, section 2 of Act 36 of 1981, section 1 of Act 82 of 1982, section 4 of Act 86 of 1984, section 2 of Act 51 of 1988, section 1 of Act 53 of 1989, section 11 of Act 54 of 1989 and section 4 of Act 64 of 1990 4.
"(b) hold in the Republic assets of one or more of the kinds mentioned in the Third Schedule to this Act, having an aggregate value not less than the amount of his net liabilities in respect of such business carried on by him in the Republic."
"hold in the Republic assets of one or more of the kinds mentioned in the Third Schedule to this Act having an aggregate value not less than the amount of his net liabilities in respect of such business carried on by him in the Republic, plus an additional amount equal to the greater of the following amounts, namely-".
Amendment of section 20bis of Act 27 of 1943, as inserted by section 17 of Act 10 of 1965 and substituted by section 13 of Act 54 of 1989 5.
(b) Such guarantee shall be in favour of the South African Insurance Association or, if that Association ceases to exist or if the Financial Services Board determines otherwise, in favour of the registrar or such other person as determined by the Financial Services Board, for the benefit of all such insurers and shall be in a form prescribed by regulation and shall be for an amount certified by the auditor of the agent, broker or person concerned to be, with due regard to the return submitted in terms of paragraph (c), equal to 20 per cent of the premiums which became due to registered insurers received by such the agent, broker or person concerned in his last financial year, but not less than R10 000 or more than R50 000 000: Provided that the guarantee to be furnished by an agent, broker or person who becomes indebted to any insurer for the first time, shall be based on 20 per cent of a reasonable estimate of premiums which would become due to registered insurers be received in his first financial year.
accompanied by a report, in the case of an agent, broker or other person registered as a company under the Companies Act, 1973 (Act No. 61 of 1973), by an auditor registered under the Public Accountants' and Auditors' Act, 1991 (Act No. 80 of 1991), and in the case of any other agent, broker or person, by a person who qualifies as an accounting officer of a close corporation as contemplated in section 60 of the Close Corporations Act, 1984 (Act No. 69 of 1984), and who may not be in the service of the undertaking, but who shall act by special instruction in an independent capacity.
(c)(d) If the businesses of two or more agents, brokers or other persons are amalgamated, the provisions of subparagraph (b) shall apply mutatis mutandis to the amalgamated businesses with respect to the annual premium income of the last financial year and the amount of the guarantee.
simultaneously furnish such insurer with a detailed payment bordereau statement containing such particulars as the insurer may require in respect of a payment in terms of paragraph (b).
"(5) Payment of a premium by a policyholder in terms of his insurance policy to an agent, broker or other person referred to in subsection (1) shall be deemed to be specific performance payment in terms of the such policy."
(3) Every such agent, broker or person who receives such premiums on behalf of an insurer shall- Amendment of section 23A of Act 27 of 1943, as inserted by section 10 of Act 101 of 1976 6.
prescribing the manner in which and conditions subject to which remuneration may pass or be offered, from, by or on behalf of any person other than a registered insurer or an underwriter at Lloyds to any person for services rendered or to be rendered by the last-mentioned person towards effecting, maintaining or servicing a policy, or to any person associated in business with or related within the second degree of consanguinity or affinity to any person who has rendered or is to render such services.
differentiate between the persons from, by or on behalf of whom remuneration may pass or be offered, different kinds of remuneration and different classes of insurance business, types of policies, classes of persons rendering or to render services and kinds of such services.
Insertion of section 23D in Act 27 of 1943 7.
23D. No person shall promise, pay, allow or give, or offer to pay, allow or give, directly or indirectly, to any other person, as an inducement to such other person to take out a policy or to agree to any alteration of any term of an existing policy, any valuable consideration or benefit and no person shall knowingly receive as such an inducement any such valuable consideration or benefit.
Amendment of section 25 of Act 27 of 1943, as amended by section 22 of Act 73 of 1951, section 8 of Act 39 of 1969, section 10 of Act 103 of 1979, section 11 of Act 99 of 1980, section 1 of Act 54 of 1991 and section 4 of Act 83 of 1992 8.
Section 25 of the insurance Act, 1943, is hereby amended by the deletion in subsection (6) of the words following upon paragraph (d).
Amendment of section 29bis of Act 27 of 1943, as inserted by section 23 of Act 10 of 1965 and amended by section 11 of Act 103 of 1979 and section 5 of Act 53 of 1989 9.
"(1) If any registered insurer fails to comply within a period of 30 days after having been called upon in writing by the registrar to do so, with any requirement Or the registrar in terms of subsection (7) of section six or any provision of section 11, 12, 14, 17 or 18, the registrar may, with the consent of the Minister, by notice in writing prohibit such insurer, with effect from a date specified in the notice, from issuing any further policies other than paid-up policies in terms of section 62(2) and such other policies as the registrar may permit, or extending any existing policy by endorsement, until such time as such insurer has satisfied the registrar that he is complying with the said requirement or provisions, whereupon the registrar shall forthwith in writing withdraw the prohibition.".
Amendment of section 30 of Act 27 of 1943, as amended by section 16 of Act 79 of 1959 10.
"(1) The registrar may, with the consent of the Minister, in regard to any registered insurer, and a registered insurer may, in regard to himself, apply to the court for an order in terms of paragraph (c) or (d) of subsection (3) if the registrar or the insurer, as the case may be, is of the opinion that it is desirable for any reason that such an order be made in regard to the registered insurer concerned: Provided that a registered insurer shall not make such an application except by leave of the court, and the court shall not grant such leave unless the insurer has given security to an amount which shall be sufficient in the opinion of the court to satisfy such order in respect of costs as the court may make, and has established prima facie the desirability of the order for which he desires to apply: Provided further that no application shall be made for an order, and an order shall not be made, for the judicial management of the business of a registered insurer who is a co-operative society or co-operative company registered or deemed to be registered under the Co-operative Societies Act, 1939 or the Co-operation Proclamation, 1922 of the Territory Co-operatives Act, 1981 (Act No. 91 of 1981).".
Amendment of section 32 of Act 27 of 1943, as amended by section 27 of Act 73 of 1951, section 17 of Act 79 of 1959, section 25 of Act 10 of 1965 and section 12 of Act 39 of 1969 11.
"(5) The law relating to the winding-up of companies or, in the case of a registered insurer who is a co-operative society or co-operative company registered or deemed to be registered under the Co-operative Societies Act, 1939 or the Co-operation Proclamation, 1922 of the Territory Co-operatives Act, 1981 (Act No. 91 of 1981), the law relating to the winding-up or dissolution of any such society or company, shall apply mutatis mutandis in connection with the winding-up of the business of a registered insurer under this Act, except in so far as those provisions are inconsistent with any provision of this Act or of an order of the court under section 30(3) (d) or with any direction issued by the court under this section.".
Amendment of section 51 of Act 27 of 1943, as substituted by section 7 of Act 50 of 1986 12. Section 51 of the Insurance Act, 1943, is hereby amended by the deletion of subsection (2).
Amendment of section 60 of Act 27 of 1943, as substituted by section 8 of Act 41 of 1966 and amended by section 2 of Act 65 of 1968, section 7 of Act 86 of l984, section 7 of Act 106 of 1985, section 6 of Act 53 of 1989 and section 16 of Act 54 of 1989 13.
and has made a deposit in accordance with the provisions of paragraph (b) and unless the Committee of Lloyds has complied with the provisions of paragraphs (g) and (i) and underwriters at Lloyds have complied with the provisions of paragraph (j).
"(f) Any person who carries on such insurance business in the Republic shall, within a period of two months as from the expiration of each calendar year or within such further period as the registrar may allow, pay to the a receiver of revenue referred to in paragraph (e) a sum equal to two and a half per cent of the aggregate of all premiums paid during the preceding calendar year on policies which were effected through his agency in terms of this section. ".
Repeal of section 61 of Act 27 of 1943, as amended by section 30 of Act 46 of 1944, section 19 of Act 99 of 1980 and section 8 of Act 83 of 1992 14. Section 61 of the Insurance Act, 1943, is hereby repealed.
Substitution of section 73 of Act 27 of 1943, as substituted by section 12 of Act 101 of 1976 15.
in the case of any other contravention, to a fine not exceeding two thousand rand R20 000, or to imprisonment for a period not exceeding one year, or to both such fine and such imprisonment.
Amendment of section 76 of Act 27 of 1943, as substituted by section 9 of Act 41 of 1966 and amended by section 13 of Act 101 of 1976, section 11 of Act 86 of 1984, section 9 of Act 106 of 1985, section 7 of Act 53 of 1989, section 18 of Act 54 of 1989 and section 11 of Act 83 of 1992 16.
" (aC) prescribing interim and additional calculations of liabilities under unmatured policies, as well as assets, in connection with long term insurance business, the manner in which it is to be done, and the manner and form in which and the periods in respect of which and within which statements in respect thereof shall be furnished to the registrar by insurers;".
Substitution of section 77bis of Act 27 of 1943, as inserted by section 44 of Act 73 of 1951 17.
"Exemption from Act 57 of 1988 77bis. The Trust Moneys Protection Act, 1934 Property Control Act, 1988 (Act No. 57 of 1988), shall not apply in connection with any scheme or arrangement (whether executed under a trust deed or otherwise) under which benefits are provided or are to be provided to any person, if the benefits which, in the opinion of the Master referred to in the said Act, are the principal benefits afforded by such scheme or arrangement, are guaranteed by policies under which a registered insurer is liable.".
Repeal of section 77quat of Act 27 of 1943, as inserted by section 24 of Act 39 of 1969 18. Section 77quat of the Insurance Act, 1943, is hereby repealed.
Amendment of First Schedule to Act 27 of 1943, as substituted by section 34 of Act 10 of 1965 and amended by section 8 of Act 64 of 1990 19.
"1. Any money held by the Corporation for Public Deposits established by the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984), or approved securities issued registered in the name of the Minister of Finance registrar and held in trust on behalf of a person who is obliged to make a deposit under section 60 of this Act, shall be deemed to be money or securities deposited by the said person under this Act.".
Amendment of Third Schedule to Act 27 of 1943, as substituted by section 46 of Act 73 of 1951 and amended by section 24 of Act 79 of 1959, section 36 of Act 10 of 1965, section 10 of Act 41 of 1966, section 27 of Act 39 of 1969, section 1 of Act 23 of 1970, section 15 of Act 101 of 1976, section 36 of Act 9 of 1989 and section 13 of Act 83 of 1992 20.
"(c) Bills, bonds or securities issued or guaranteed by or loans to or guaranteed by a provincial administration or the administration of the Territory."
Amendment of section 1 of Act 24 of 1956, as amended by section 21 of Act 101 of 1976, section 9 of Act 94 of 1977, section 10 of Act 80 of 1978, section 38 of Act 99 of 1980, section 3 of Act 51 of 1988, section 20 of Act 54 of 1989, section 29 of Act 97 of 1990 and section 14 of Act 83 of 1992 21.
" 'this Act' includes any regulation;".
Amendment of section 2 of Act 24 of 1956, as amended by section 10 of Act 94 of 1977, section 13 of Act 103 of 1979, section 36 of Act 9 of 1989 and section 15 of Act 83 of 1992 22.
"(1) The provisions of this Act shall not apply in relation to any pension fund which has been established in terms of an agreement published or deemed to have been published under section 48 of the Industrial Conciliation Labour Relations Act, 1956 (Act No. 28 of 1956), except that such fund shall from time to time furnish the registrar with such statistical information as may be prescribed requested by the Minister.".
Amendment of section 9 of Act 24 of 1956, as substituted by section 12 of Act 65 of 1968 and amended by section 10 of Act 64 of 1990 23.
(1) Every registered fund shall in the manner prescribed by its rules appoint an auditor registered under the Public Accountants' and Auditors' Act, 1951 1991 (Act No.
Substitution of section 11 of Act 24 of 1956, as substituted by section 17 of Act 83 of 1992 24.
The rules of a fund which applies for registration after the date of the coming into operation of section 24 of the Financial Institutions Second Amendment Act, 1993, shall be in the prescribed format and form and shall comply with the prescribed requirements.
A fund which, immediately prior to the date referred to in subsection (1), was a registered fund, shall within the prescribed period ensure that its rules are amended so as to comply with the format, form and requirements contemplated in subsection (1).
If all the amendments referred to in subsection (2) are effected on one occasion within the prescribed period and the registrar is satisfied, on submission to him of a certificate signed by the principal officer of the fund, that the sole reason for the amendments is to comply with the said format, form and requirements, he may register the amendments in accordance with section 12(4) against payment of the prescribed fee, which shall be calculated as if only a single amendment is being effected.
Any amendment of the rules of a fund effected after the date referred to in subsection (1) shall comply with the prescribed format, form and requirements contemplated in subsection (1).
Subject to the provisions of subsections (2) and (3), the provisions of this section as they existed before the substitution thereof by section 24 of the Financial Institutions Second Amendment Act, 1993, shall continue to apply in respect of the rules of a fund referred to in subsection (2) until the rules of such fund comply with the format, form and requirements contemplated in subsection (1).
Amendment of section 30 of Act 24 of 1956, as amended by section 17 of Act 103 of 1979 25.
Section 30 of the Pension Funds Act, 1956, is hereby amended by the deletion of paragraph (b) of subsection (1).
Substitution of section 34 of Act 24 of 1956 26.
The registrar shall annually submit to the Minister a report on his activities under this Act and such report shall be laid by the Minister on the Tables of both Houses of Parliament within fourteen days after receipt thereof if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within fourteen days after the commencement of its next ensuing ordinary session.
Amendment of section 37A of Act 24 of 1956, as inserted by section 24 of Act 101 of 1976, substituted by section 12 of Act 94 of 1977 and amended by section 40 of Act 99 of l980 27.
"(d) which is owed to a fund in respect of arrear contributions.".
Amendment of section 37C of Act 24 of 1956, as inserted by section 24 of Act 101 of 1976, substituted by section 41 of Act 99 of 1980 and amended by section 6 of Act 51 of 1988, section 21 of Act 54 of 1989 and section 29 of Act 83 of 1992 28.
"Notwithstanding anything to the contrary contained in any law or in the rules of a registered fund, any benefit payable by such a fund in respect of a deceased member upon the death of a member, shall, subject to a pledge in accordance with section l9(5)(b)(i) and subject to the provisions of sections 37A(3) and 37D, not form part of the assets in the estate of such a member, but shall be dealt with in the following manner:".
Substitution of section 38 of Act 24 of 1956 29.
"Exemption from Act 57 of 1988 38. The Trust Moneys Protection Act, 1934 (Act No. 34 of 1934) Property Control Act, 1988 (Act No. 57 of 1988), shall not apply to a fund registered under this Act.".
Substitution of certain expression in Act 24 of 1956 30. The Pension Funds Act, 1956, is hereby amended by the substitution for the word "Union", wherever it occurs in sections 2(2), 7(1) and 8(2), of the word "Republic".
Amendment of section 1 of Act 25 of 1956, as amended by section 25 of Act 101 of 1976 and section 29 of Act 97 of 1990 31.
" 'market value', in relation to any asset of a society, means the market value in the Union Republic or, if such value cannot be ascertained, the price which would be obtained on a sale in the Union Republic between a willing seller and a willing purchaser as estimated by the society and approved by the registrar, or, where the registrar does not approve of any estimate made by a society, the value estimated by the registrar;".
Amendment of section 2 of Act 25 of 1956, as amended by section 31 of Act 43 of 1975 and section 19 of Act 103 of 1979 32.
"(g) the relief or maintenance of members, or any group of members, when unemployed or in distressed circumstances, otherwise than in consequence of the existence of a strike or lockout as defined in section 1 of the Industrial Conciliation Labour Relations Act, 1956 (Act No.
Minister may by proclamation in the Gazette declare to be business in respect of which a friendly society may be established.
Amendment of section 3 of Act 25 of 1956, as amended by section 20 of Act 103 of 1979, section 36 of Act 9 of 1989 and section 22 of Act 54 of 1989 33.
" (a) which has been established in terms of an agreement published or deemed to have been published under section 48 of the Labour Relations Act, 1956 (Act No.
"(c) that the affairs of any friendly society which has so applied for registration, are subject to such a measure of control issuing from any department of the State or any provincial administration and the Administration of the Territory, as to ensure that the society will as regards its financial strength and the conduct of its business conform to standards at least as high as those imposed under this Act in respect of registered societies (other than provisionally registered societies), he shall in writing exempt the society on such conditions as he may specify from the operation of the provisions of this Act.".
Amendment of section 11 of Act 25 of 1956, as amended by section 8 of Act 91 of 1972 34.
"Except where the accounts of a society are to be audited by the Controller and Auditor-General or a Provincial Auditor under the provisions of one or other law, every registered society shall in the manner prescribed by its rules appoint an auditor registered under the Public Accountants' and Auditors' Act, 1951 1991 (Act No. 80 of 1991), who shall not be an officer of the society:".
Amendment of section 38 of Act 25 of 1956, as amended by section 25 of Act 103 of 1979 35.
Section 38 of the Friendly Societies Act, 1956, is hereby amended by the deletion of paragraph (b) of subsection (1).
Substitution of section 45 of Act 25 of 1956 36.
Substitution of section 49 of Act 25 of 1956 37. The following section is hereby substituted for section 49 of the Friendly Societies Act, 1956: "Exemption from Act 57 of 1988 49. The Trust Moneys Protection Act, 1934 (Act No. 34 of 1934) Property Control Act, 1988 (Act No. 57 of 1988), shall not apply to a society registered under this Act.".
Substitution of certain expression in Act 25 of 1956 38. The Friendly Societies Act, 1956, is hereby amended by the substitution for the word "Union", wherever it occurs in sections 9(1),10(2),13 and 21(3), (4) and (6), of the word "Republic".
Amendment of section 1 of Act 54 of 1981, as amended by section 8 of Act 51 of 1988, section 29 of Act 97 of 1990 and section 5 of Act 54 of 1991 39.
a holding company which has no subsidiaries other than fixed property companies which are wholly owned subsidiaries as referred to in section 1(5) of the Companies Act, 1973 (Act No.
Amendment of section 3 of Act 54 of 1981, as amended by section 10 of Act 51 of 1988 40.
any registered management company registered as such before the commencement of section 15 of the Financial Institutions Amendment Act, 1988 (Act No.
in the case of any other registered management company, such other management company, from compliance with the requirements of paragraph (b), for such period, not exceeding six months, as he may determine.
Amendment of section 5 of Act 54 of 1981 41.
Section 5 of the Unit Trusts Control Act, 1981, is hereby amended by the deletion of subsection (3).
Amendment of section 6 of Act 54 of 1981, as amended by section 7 of Act 54 of 1991 42.
Amendment of section 11 of Act 54 of 1981 43.
(1)(a) Every management company shall within 30 days from the date of appointment of a person as auditor of the management company, in accordance with the provisions of Chapter X of the Companies Act, 1973 (Act No. 61 of 1973), apply to the registrar for approval of such appointment or, in the case of an existing management company, within 30 days from the date of commencement of section 43 of the Financial Institutions Second Amendment Act, 1993, for confirmation of such appointment.
withdraw any prior approval of the appointment of an auditor granted by the registrar under this section, and thereupon the auditor concerned shall vacate his office as auditor of the management company.
of that paragraph withdraws an approval previously granted by him, the board of directors of the management company concerned shall appoint another person as auditor and the provisions of paragraph (a) shall apply mutatis mutandis in respect of the last-mentioned appointment.
A person appointed under paragraph (c) as an auditor of a management company shall for the purposes of Chapter X of the Companies Act, 1973, be deemed to have been so appointed as auditor at the immediately preceding annual general meeting of the management company.
If an auditor who has been removed from his office as auditor of a management company by such management company, is of the opinion that he was removed for improper reasons, he shall forthwith inform the registrar by registered post thereof.
Amendment of section 29 of Act 54 of 1981, as amended by section 15 of Act 51 of 1988 44.
Amendment of section 34 of Act 54 of 1981 45.
"(a) introduce into or have in a unit portfolio shares in a fixed property company an asset of which is pledged, hypothecated or otherwise encumbered (other than by a praedial servitude or leasehold approved by the registrar as contemplated in paragraph (b) of the definition of 'fixed property company' in section 1) or which is liable under a guarantee to discharge the liabilities of any other person in the event of the failure of that person to do so; and".
Substitution of section 35 of Act 54 of 1981 46.
Every registered management company in property shares which does not undertake to repurchase units issued by it from any holder thereof shall apply for permission for such units to be dealt in on a licensed stock exchange and shall ensure that the requirements of such stock exchange for inclusion of the units in its list of the stocks and shares which may be dealt in on such exchange are complied with.
Substitution of section 40 of Act 54 of 1981 47.
"Exemption from Act 57 of 1988 40. The Trust Moneys Protection Act, 1934 (Act No. 34 of 1934) Property Control Act, 1988 (Act No. 57 of 1988), shall not apply in respect of a unit trust scheme operated in terms of this Act.".
Substitution of section 41 of Act 54 of 1981 48.
The registrar shall once in every calendar year submit to the Minister a report concerning the activities of all registered management companies and, in general, concerning all matters relating to the promotion or management of unit trust or analogous schemes and the Minister shall lay such report upon the Table of the House of Assembly within 14 days after the receipt thereof if Parliament is then in session, or if Parliament is not then in session, within 14 days after the commencement of its next ensuing ordinary session.
Substitution of section 45 of Act 54 of 1981, as inserted by section 8 of Act 45 of 1991 49.
Whenever the registrar deems it desirable in the public interest, he may, after consultation with the advisory committee, by notice in the Gazette exempt on such conditions and to such extent as he may deem fit any person or category of persons from any provision of section 6, 8, 10, 12, 17, 22(1)(h), or 33 or 34(4), in so far as such provision does not already make provision for exemption, and may at any time in like manner revoke or amend such exemption.
Amendment of section 6 of Act 55 of 1981 50.
"(iii) the registrar approves such transfer or cession: Provided that if the purpose of the cession is to secure the repayment of a debt, the approval of the registrar shall not be required.".
Amendment of section 12 of Act 55 of 1981 51.
"(1) Every manager shall annually cause the registers and books of account of every scheme managed by it or him, including such registers and books of account as may be kept by the nominee company, to be audited by an auditor registered under the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951) 1991 (Act No. 80 of 1991).".
Repeal of section 16 of Act 55 of 1981 52.
Section 16 of the Participation Bonds Act, 1981, is hereby repealed.
Amendment of section 8 of Act 38 of 1984, as amended by section 26 of Act 57 of 1988, section 4 of Act 92 of 1988 and section 9 of Act 54 of l991 53.
" (c) if the registrar has reason to believe that any person who acted in the capacity of auditor to a financial institution did not comply with the provisions of subsection (3) of section 26 section 20(5) of the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951) 1991 (Act. No. 80 of 1991), the registrar may send a copy of the report by an inspector who inspected the affairs of such institution as well as any other information with regard to the affairs of such financial institution obtained by him as a result of the application of this Act, to the Public Accountants' and Auditors' Board established by referred to in section 2 of the Public Accountants' and Auditors' Act, 1951 1991;".
Repeal of section 10 of Act 38 of 1984 54.
Section 10 of the Inspection of Financial Institutions Act, 1984, is hereby repealed.
Repeal of section 10 of Act 39 of 1984 55.
Section 10 of the Financial Institutions (Investment of Funds) Act, 1984, is hereby repealed.
Amendment of section 1 of Act 1 of 1985, as amended by section 14 of Act 50 of 1986, section 24 of Act 51 of 1988, section 25 of Act 54 of 1989, section 38 of Act 55 of 1989, section 13 of Act 64 of 1990, section 29 of Act 97 of 1990 and section 10 of Act 54 of 1991 56.
Section 1 of the Stock Exchanges Control Act, 1985, is hereby amended by the deletion or the definitions of "Gazette", "Republic" and "Territory".
Amendment of section 4 of Act 1 of 1985 57.
" (e) an accountant or auditor registered in terms of the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951) 1991 (Act No. 80 of 1991), as an accountant and auditor and engaged in public practice as such; or".
Amendment of section 7 of Act 1 of 1985, as amended by section 38 of Act 55 of 1989 58.
(3) Upon receipt of an application relating to the issue of such a licence the Registrar shall cause to be published at the expense of the association, in the Gazette and in every province and the Territory once in each of three consecutive weeks in an English and an Afrikaans newspaper approved by the Registrar, a notice, in accordance with subsection (4), that the application has been received.
The said notice shall state the name, address and occupation of every member of the association and the place in each province and the Territory where the rules of the association shall lie open for inspection by any member of the public, and shall call upon all interested persons who have any objections to the grant of the certificate, to lodge their objections with the Registrar within a period specified in the notice, not being less than 14 days from the date of the last publication thereof.
Amendment of section 12 of Act 1 of 1985, as amended by section 29 of Act 51 of 1989 and section 38 of Act 55 of 1989 59.
is a member of a financial exchange duly licensed in terms of the Financial Markets Control Act, 1989 (Act No.
Amendment of section 31 of Act 1 of 1985 60.
"(9) Before authorizing the return of such deposit the Registrar shall cause to be published at the expense of the depositor, in the Gazette and in every province and in the Territory once in each of three consecutive weeks in an English and an Afrikaans newspaper approved by the Registrar, a notice calling upon all persons who have claims against the depositor arising out of transactions entered into by him in respect of securities and who object against the return of the deposit in question to the depositor, to lodge their objections with the Registrar within a period specified in the notice, not being less than 30 days as from the date of the last publication thereof.".
Amendment of section 42 of Act 1 of 1985, as amended by section 20 of Act 54 of 1991 61.
"(1) Every stock-broker and carrier against shares shall appoint an auditor registered as an accountant and auditor under the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951) 1991 (Act No. 80 of 1991), who engages in public practice as contemplated in that Act and who has no direct or indirect financial interest in the business carried on by such broker or carrier.".
Amendment of section 1 of Act 44 of 1988 62. Section 1 of the Friendly Societies Amendment Act, 1988, is hereby amended by the deletion of paragraph (a).
Repeal of section 7 of Act 44 of 1988 63.
Section 7 of the Friendly Societies Amendment Act, 1988, is hereby repealed.
Amendment of section 5 of Act 55 of 1989 64.
"(g) an accountant or auditor registered under the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951) 1991 (Act No. 80 of 1991), as an accountant and auditor and engaged in public practice as such; or".
Amendment of section 17 of Act 55 of 1989, as amended by section 25 of Act 54 of 1991 65.
"(t) for the audit by an auditor registered under the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951) 1991 (Act No. 80 of 1991), as an accountant and auditor and engaged in public practice as such, of the accounting records to be kept and furnished to the Registrar by a financial exchange and a member thereof under and in accordance with the regulations;".
Amendment of section 18 of Act 55 of 1989 66.
"(2) The board shall consist of an advocate of one of the divisions of the Supreme Court of the Republic of not less than 10 years standing, who shall be the chairman of the board, an accountant in public practice registered as an accountant and auditor under the Public Accountants' and Auditors' Act, 1951 (Act No. 51 of 1951) 1991 (Act No. 80 of 1991), of not less than 10 years' standing, and a person appointed by virtue of his knowledge of financial markets in the Republic.".
Amendment of section 1 of Act 97 of 1990, as amended by section 1 of Act 41 of 1992 67.
"(h) any central securities depository and a depositary institution as defined in the Safe Deposit of Securities Act, 1992 (Act No. 85 of 1992);".
Amendment of section 5 of Act 97 of 1990 68.
" (b) if, in the opinion of the State President, he is actually engaged in the business of a financial institution or actually engaged in the rendering of a financial service: Provided that the State President may, in consultation with the recognized association or organization of the relevant financial institution or financial service in which such person is actually engaged, appoint a person who would otherwise be disqualified in terms of this paragraph from being a member of the board;".
Amendment of section 21 of Act 97 of 1990 69.
(c)(iii) an audited statement of the source and application of funds.
Amendment of section 1 of Act 85 of 1992 70.
" 'regulation' means a regulation made under section 15 14;".
Amendment of section 9 of Act 85 of 1992 71.
"The Registrar shall not grant an application under this section for the registration of a central securities depository unless the prescribed fee has been paid and he is satisfied-".
Amendment of section 12 of Act 85 of 1992 72.
"(3) No addition to, amendment of or deletion from the rules of a central securities depository or the said list of members shall be valid until it has been approved by the Registrar against payment of the prescribed fee.".
Amendment of section 14 of Act 85 of 1992 73.
"(2) Fees which are in terms of or by virtue of a provision of this Act payable, and interest so payable in respect of overdue fees, shall be a debt due to the Financial Services Board established by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990), and may be recovered by the Registrar by action in any competent court.".
This Act shall be called the Financial Institutions Second Amendment Act, 1993, and the provisions thereof shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14959En.2012-02-10.en.txt</fn>
A programme on the Public Understanding of Biotechnology (PUB) was launched by the South African Agency for Science and Technology Advancement (SAASTA) in 2003.
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<fn>GOV-ZA.14970En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.14973En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.14976En.2012-02-10.en.txt</fn>
To amend the Water Act, 1956, so as to substitute or delete obsolete designations and expressions; and to apply the provisions of the said Act to scheduled Black areas and released areas; to amend the Police Act, 1958, so as to make other provision in respect of the establishment of municipal police units for certain areas; to amend the State Land Disposal Act, 1961, so as to further define or delete certain designations and expressions; to authorize the State President to assign certain powers or duties with retrospective effect; and to provide for the operation of the said Act in relation to certain proclamations and regulations; to amend the Housing Act, 1966, so as to delete an obsolete expression; to amend the Removal of Restrictions Act, 1967, so as to substitute an obsolete designation; and to make further provision in respect of the alteration, suspension or removal of certain restrictions or obligations by the Administrator; to amend the General Law Amendment Act, 1969, so as to make further provision in respect of the cancellation of certain title deed restrictions; to amend the Financial Relations Act, 1976, so as to delete an obsolete restriction on the legislative power of former provincial councils; to amend theConversion of Certain Rights to Leasehold Act, 1988, so as to substitute or delete obsolete designations and expressions; to make other provision in respect of the publication of certain notices; to provide for theconversion into ownership of certain rights to which the said Act relates; and to provide for the duration of the said Act; to amend the Police Third Amendment Act, 1989, so as to effect certain consequential amendments; to amend the Abolition of Racially Based Land Measures Act, 1991, so as to make other provision in respect of the phasing out of the South African Development Trust; to make further provision in respect of the functions of the Advisory Committee on Non-racial Area Measures; and to extend the powers of the State President in relation to certain laws; to amend the Upgrading of Land Tenure Rights Act, 1991, so as to substitute obsolete designations; to make further provision in respect of the administration of the provisions of the said Act; and to provide for the conversion into ownership of certain rights granted in respect of land in rural settlements; to repeal obsolete laws; and to provide for incidental matters.
(Afrikaans text signed by the Acting State President.) (Assented to 28 June 1993.
Amendment of section 60 of Act 54 of 1956, as substituted by section 8 of Act 45 of 1972 and amended by section 10 of Act 42 of 1975, section 41 of Act 63 of 1975, section 7 of Act 92 of 1980, section 10 of Act 97 of 1986 and section 28 of Act 45 of 1992 1.
"(5) If the Minister has expropriated any property under the provisions of this section and the provisions of section 31(6)(a) or 32(5) of the Deeds Registries Act, 1937 (Act No. 47 of 1937), do not apply in respect of such expropriation, the registrar of deeds in charge of the deeds registry in which the title deed to any land concerned is registered shall, if requested thereto by the secretary Director-General and pending the transfer or registration of the property in question, make notes in the appropriate registers that such property has been acquired by the Minister.".
Amendment of section 94 of Act 54 of 1956, as substituted by section 14 of Act 92 of 1980 2.
"Provided that nothing in this subsection contained shall apply to property, as so defined, belonging to the Government, including the South African Railways and Harbours Administration or any provincial administration, or the South African Development Trust constituted in terms of section 4(1) of the Development Trust and Land Act, 1936 (Act No. 18 of 1936) State or to any works or undertakings conducted carried on by or on behalf of the State or the Electricity Supply Commission referred to in section 1 of the Electricity Act, 1958 (Act No. 40 of 1958)."
"(2) The provisions of section 60(2)(b), (4) (5) and (6) shall mutatis mutandis apply in connection with the expropriation of any property or the taking of the any right in terms of this section, and any reference in the said provisions to 'Minister' (except in section 60(2) (b) (i)), 'Minister of Water Affairs' and 'secretary' 'Director-General' shall be construed as a reference to an irrigation board.".
Amendment of section 112 of Act 54 of 1956, as substituted by section 15 of Act 92 of 1980 3.
"(2) The provisions of section 60(2)(b), (4) (5) and (6) shall mutates mutandis apply in connection with the expropriation of any property or the taking of any right in terms of this section, and any reference in the said provisions to 'Minister' (except in section 60(2)(b)(i)), 'Minister of Water Affairs' and 'secretary' 'Director-General' shall be construed as a reference to a water board. ".
Amendment of section 138B of Act 54 of 1956, as inserted by section 1 of Act 110 of 1986 4.
"(b) The provisions of section 60(2)(b), (4) (5) and (6) shall mutates mutandis apply in connection with the expropriation ofany property or the taking of any right in terms of this subsection, and a reference in those provisions to 'Minister' (except in section 60(2)(b)(i)), 'Minister of Water Affairs' and 'secretary' 'Director-General' shall be construed as a reference to a body established under section 138A.".
Repeal of section 176 of Act 54 of 1956, as substituted by section 26 of Act 97 of 1986 5. Section 176 of the Water Act, 1956, is hereby repealed.
Amendment of section 17C of Act 7 of 1958, as inserted by section 2 of Act 76 of 1989 6.
"(b) The Minister may at any time establish by notice in the Gazette a municipal police unit for any development area as defined in section 1 of the Black Communities Development Act, 1984 (Act No. 4 of 1984) which is situated outside the area of a local authority and defined in the notice. ".
Amendment of section 1 of Act 48 of 1961, as substituted by section 1 of Act 28 of 1968 and amended by section 1 of Act 66 of 1982, section 1 of Act 47 of 1987, section 1 of Act 19 of 1988 and section 36 of Act 9 of 1989 7.
any land referred to in paragraph 13 of Schedule 1 to the Republic of South Africa Constitution Act, 1983 (Act No.
any land transferred to the Minister of Regional and Land Affairs in terms of paragraph 1 (e) of Proclamation No. R.
by the deletion of the definition of "board".
Paragraph (b) of the definition of "Minister" in section 1 of the State Land Disposal Act, 1961, as substituted by subsection (1)(a), shall be deemed to have come into operation on 1 April 1992.
Amendment of section 6 of Act 48 of 1961, as substituted by section 4 of Act 66 of 1982 8.
"(1) The State President may either generally or in regard to specified State land or in a specified case assign with retrospective effect from a date not earlier than 1 April 1992 to the Minister or to the board any power or duty conferred or imposed upon him by section 2, 2A or 5 and any power or duty to issue deeds of grant which he may otherwise have."
"(2) If the State President assigns to the Minister or to the board any power conferred upon him by section 2, the Minister or the board, as the case may be shall have the powers and be subject to the duties conferred or imposed upon the State President by section 5 in connection with the exercising of the power so assigned."
Insertion of section 8A in Act 48 of 1961 9.
8A. The provisions of this Act shall apply in addition to, and not in substitution for, the provisions of any proclamation or regulation referred to in sections 5(2), 8(2) and 11(2) of the Abolition of Racially Based Land Measures Act, 1991 (Act No. 108 of 1991).
Subsection (1) shall be deemed to have come into operation on 1 April 1992.
Substitution of section 84 of Act 4 of 1966, as substituted by section 14 of Act 97 of 1987 10.
Any local authority to which a loan in respect of a scheme has been granted in terms of this Act, any housing utility company to which a loan or advance for the provision of housing has been granted in terms of this Act and any natural person to whom a housing loan, building loan or local authority housing loan for the construction of an approved dwelling has been granted, may at its or his request be exempted by the Administrator concerned from the provisions of any by-law, regulation or town planning scheme or the conditions of establishment of a township relating to the type of dwelling to be constructed, the materials to be used in the construction thereof or the applicable general building standards applicable in the development area concerned.
Amendment of section 1 of Act 84 of 1967, as amended by section 1 of Act 18 of 1984 11.
Amendment of section 2 of Act 84 of 1967, as amended by section 61 of Act 70 of 1968, section 7 of Act 96 of 1969 and section 2 of Act 18 of 1984 12.
"(2) The provisions of subsection (1) shall not apply in respect of any condition of title affecting rights to minerals or any condition imposed under the provisions of section 5(3) of the Townships Amendment Act, 1908 (Act No. 34 of 1908), of the Transvaal, or of section 16(3) of the Orange Free State Metals Mining Act, 1936 (Act No. 13 of 1936), or of section 2(2) of the Physical Planning and Utilization of Resources Act, 1967 (Act No. 88 of 1967), or in respect of any condition specifically prohibiting or restricting the sale or supply of intoxicating liquor or the sale, lease or occupation of any land to or by a non-white person, except in so far as such condition relates to the occupation of land which is used or is intended to be used for public purposes by the State or a local authority.".
Substitution of section 28 of Act 101 of 1969 13.
Any provision in the title deed of any immovable property prohibiting or restricting the ownership transfer, hypothecation or letting of such property to, or the possession, occupation or use of such property by, any person who is a member of a particular race or class population or ethnic group or who is not of a particular population or ethnic group, is hereby cancelled, irrespective of whether such provision was imposed in terms of any law or otherwise.
The officer in charge of the deeds registry concerned shall on application by the owner of any immovable property concerned or his authorized agent, and on production of the relevant title deed endorse the fact of such cancellation on such title deed.
No office fees, stamp duty or transfer duty shall be payable in respect of any such cancellation or endorsement.
Subsection (1) shall be deemed to have come into operation on 30 June 1991.
Amendment of section 8 of Act 65 of 1976 14. (1) Section 8 of the Financial Relations Act, 1976, is hereby amended by the deletion of subsections (2) and (3).
Amendment of section 1 of Act 81 of l998 15.
"'formalized township' means a formalized township as defined in section 1(1) of the Upgrading of Land Tenure Rights Act, 1991 (Act No.
"'township register' means a register referred to in section 46(1) of the Deeds Registries Act, 1937;".
Amendment of section 2 of Act 81 of 1988 16.
"(1) Any secretary The Director-General shall conduct an inquiry in the prescribed manner in respect of affected sites within development areas situated within his province in order to determine who shall be declared to have been granted a right of leasehold or in the case where the affected sites are situate in a formalized township for which a township register has been opened, ownership with regard to such sites."
(ii)(b) the holder of rights which in the opinion of the secretary Director-General are similar to the rights of the holder of a site permit, certificate or trading site permit, determine whom he intends to declare to have been granted a right of leasehold or, in the case where that site is situate in a formalized township for which a township register has been opened, ownership in respect of the site concerned.
"(d) that, subject to any decision of the Administrator concerned on appeal, the person concerned shall be declared to have been granted a right of leasehold or, in the case where that site is situate in a formalized township for which a township register has been opened, ownership in respect of the site concerned.".
Substitution of section 4 of Act 81 of l988 17.
in the case where the affected site is situate in a formalized township for which a township register has been opened, ownership in respect of the affected site concerned.
The provisions of section 52(4) of the principal Act shall not apply in respect of any leasehold contemplated in subsection (1) of this section.
Substitution of section 5 of Act 81 of 1988 18.
in terms of section 4(1)(b), he shall lodge such declaration and a certificate of ownership, on the form prescribed for that purpose under the Deeds Registries Act, 1937 (Act No.
make a copy of the signed certificate of ownership available to the Director-General for delivery to the person to whom that affected site has been transferred.
If the occupier of a site is not the holder of the right of leasehold or the owner in respect of it, the secretary Director-General shall not act in terms of subsection (1) unless heis satisfied that the amount of any bona fide improvements on the site that have been affected effected by that occupier has beenassessed in the prescribed manner and paid to that occupier, or that security to the satisfaction of the secretary Director-General has been furnished for the payment of that amount.
(3)(a) Sections 10(1)(q) and 16A of the Deeds Registries Act, 1937 (Act No. 47 of 1937), shall apply in respect of the said right of leasehold as if it were a right of leasehold referred to in those sections.
No provision of section 15 or 17 of the Deeds Registries Act, 1937, shall apply, and no transfer duty, stamp duty or other fees shall be payable, in respect of the said transfer of ownership.
The secretary Director-General shall for the purposes of the any registration of the right of leaseholdin terms of this section be deemed to be the duly authorized representative of the local authority concerned.
Amendment of section 6 of Act 81 of 1988 19.
"Provided that nothing in this subsection contained shall be construed as derogating from any right that the holder of a site permit, certificate, trading site permit or rights contemplated in section (ii) might have acquired by virtue of the provisions of the regulations.".
Amendment of section 11 of Act 81 of l988 20.
"(1) The holder of a site permit, certificate, trading site permit or rights contemplated in section 2(4)(b)(ii) shall, notwithstanding the repeal of the regulations by this Act but subject to the provisions of any other law, and until a right of leasehold or the transfer of ownership in respect of the site concerned has been registered or until he has become a lessee under section 6(1)(c), as the case may be, have the same rights that he would have had in respect of that site in terms of the regulations as if they were not repealed by this Act.".
Insertion of section 12A in Act 81 of l988 21.
12A. This Act shall cease to have effect on a date fixed by the State President by proclamation in the Gazette.
Substitution of long title of Act 81 of 1988 22.
To provide for the conversion of certain occupational rights in development areas to rights of occupation into leasehold or ownership and for matters connected therewith.
Substitution of word "secretary" in Act 81 of 1988 23.
The Conversion of Certain Rights to Leasehold Act, 1988, is hereby amended by the substitution for the word "secretary", wherever it appears, of the word "Director-General".
Substitution of section 13 of Act 81 of 1988 24.
This Act shall be called the Conversion of Certain Rights to into Leasehold or Ownership Act, 1988, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Amendment of section 4 of Act 76 of 1989, as amended by section 10 of Act 110 of 1990 25.
"(3) A reference in any law to a person appointed under section 34 of the Black Local Authorities Act, 1982 (Act No. 102 of 1982), shall, in respect of the area of a local authority as defined in section 1(1) of the said Act, be construed as a reference to a member of a municipal police unit established by section 17C(1)(a) of the principal Act in respect of such area."
Substitution of long title of Act 76 of 1989 26.
To amend the Police Act, 1958, in order to provide for the establishment of municipal police units in the areas of Black local authorities and in certain development other areas; for the appointment of members of those units, and the powers and duties of such members; for the transfer of certain persons in the employment of the said local authorities and of certain persons serving in the said development areas to municipal police units; and for the transfer to the State of certain movable and immovable property used by the said local authoritiesor in the said development areas in connection with municipal police functions; and to provide for incidental matters.
Amendment of section 12 of Act 108 of 1991 27.
by the deletion of paragraph (b) of the said subsection (2).
Substitution of section 83 of Act 108 of 1991 28.
may, with the approval of the said Minister, establish one or more sub-committees to inquire into, and to report to the Committee in regard to, any matter falling within the scope of the Committee's functions.
such persons, as the Committee may determine, and the Committee may at any time dissolve or reconstitute such sub-committee.
Amendment of section 87 of Act 108 of 1991 29.
(iv) amend the amendment of the Rural Areas Act (House of Representatives), 1987 (Act No.
9 of 1987, or a any regulation made thereunder, or the repeal of the said Act or any such regulation.
may, subject to the suchqualifications which as the State President may think fit, provide for the extension or restriction of the application of any such law or any provision thereof.
Amendment of section 1 of Act 112 of 1991 30.
Amendment of section 15 of Act 112 of 1991 31.
Official Gazette declare a township specified in the notice to be a formalized township for the purposes of Chapter 1.
Insertion of Chapter 2A and sections 18A, 18B, 18C, 18D, 18E, 18F, 18G, 18H and 181 in Act 112 of 1991 32.
18A. (1) Notwithstanding anything to the contrary in this Act contained but subject to the provisions of subsection (2), the Administrator may by notice in the Official Gazette declare any area specified in the notice to be a rural settlement.
if that area is situate on tribal land, the tribe in question has requested the Administrator by means of a tribal resolution to take steps to declare that area to be a rural settlement with a view to converting the land tenure rights granted to individuals in respect of pieces of land in that area into ownership.
The laws relating to the subdivision of land, the establishment of townships and town planning shall not apply in respect of any area referred to in subsection (1).
The Administrator may at any time amend or withdraw a notice referred to in subsection (1) by like notice in the Official Gazette: Provided that any such amendment or withdrawal shall not derogate from the validity of anything done in terms of this Chapter, or from any right, privilege, obligation or liability acquired, accrued or incurred in terms of or by virtue of this Chapter.
18B. (1) Subject to the provisions of subsection (2) and the availability of moneys and personnel, the Administrator shall in respect of an area in which land tenure rights mentioned in Schedule 2 were granted in respect of pieces of land, take with the co-operation of the community residing in such area such steps as may be necessary to declare the area to be a rural settlement.
Subsection (1) shall not apply in respect of any area situate on tribal land unless the tribe in question has requested the Administrator by means of a tribal resolution to take steps to declare that area to be a rural settlement with a view to converting the land tenure rights granted to individuals in respect of pieces of land in that area into ownership.
cause the said diagram and general plan to be submitted to the surveyor-general for his approval.
18D. (1) If the Administrator is of the opinion that the register of land rights of an area in which land tenure rights mentioned in Schedule were granted in respect of pieces of land has not been written up or properly written up, he may designate any person to compile a register of land rights for such area or to update the existing register, and to rectify or supplement errors and omissions, as the case may be.
If the Administrator receives a request from a tribe in terms of section 18B(2) in respect of any area on tribal land in which the individual pieces of land are occupied or utilized by individuals and their families under the indigenous law or customs of that tribe, he may designate any person to compile a register of land rights for such area.
If any area referred to in subsection (1) or (2) has not been surveyed, the functions mentioned in that subsection shall not be performed before the survey of such area has commenced.
Any register of land rights compiled or updated in terms of this section shall, as to its format, form and contents, be compiled or updated in accordance with the legal and administrative requirements applicable to the registers used in a deeds registry in connection with the registration of farms or other pieces of land.
consider any representations made to him, either orally or in writing, by any person who lays claim to be registered in the register as the holder of a land tenure right.
for the purposes of paragraph (a), (b) or (c), at any reasonable time enter upon any land in such area.
Whenever the designated person performs his functions under this section, he may be accompanied by such persons as he may in the circumstances of any particular case consider necessary.
The Administrator shall issue to a person designated under subsection (1) or (2) proof in writing of his designation, and such a person shall not perform any function under this section unless he is at the time of performing that function in possession of such proof, which proof shall be produced at the request of any person affected by the performance of that function.
18E. (1) Any person aggrieved by any entry made by a person designated under subsection (1) or (2) of section 18D in a register of land rights compiled or updated in terms of that section, may within 30 days after he became aware of the entry appeal in writing against such entry to the Administrator.
dismiss the appeal.
The Administrator shall cause a person who lodged an appeal with him to be notified in writing of his decision on the appeal.
a register of land rights or, if the register for that area has been compiled or updated in terms of section 18D, the register so compiled or updated, register such diagram, general plan and register in the deeds registry in such manner as he may consider fit, and make the necessary endorsements or entries in respect of such title deed, his registers and other documents in order to give effect to the provisions of this Chapter.
in respect of which the relevant title deed, diagram, general plan and register have been produced to the registrar of deeds in terms of subsection (1), shall, upon the lodgement by the owner of such piece of land at the relevant deeds registry of a certificate of ownership, on the form prescribed for that purpose under the Deeds Act and made out in the name of the person who is the holder of the relevant land tenure right, be converted into ownership by that registrar of deeds by the registration of the piece of land in the name of the said person: Provided that the registrar of deeds shall not so register any piece of land unless a certificate of rights to minerals has been taken out for the reservation of the rights to minerals in respect of such piece of land or the land on which such area is situate, as the case may be.
As from the registration of the piece of land in the name of the said person, the ownership of the piece of land shall vest exclusively in that person.
No provision of section 15 or 17 of the Deeds Act shall apply in respect of the transfer of ownership effected by such conversion.
Notwithstanding the provisions of the Deeds Act, the registrar of deeds shall register the transfer of ownership of any piece of land under the circumstances referred to in subsection (2) by signing the certificate of ownership lodged at the deeds registry in terms of that subsection.
make a copy of the signed certificate of ownership available to the person who has lodged it under subsection (2), for delivery to the person to whom the piece of land has been transferred.
No transfer duty, stamp duty or other fees shall be payable in respect of any registration, endorsement, entry or transfer in terms of this section.
18G. Ownership which vests in any piece of land by virtue of a conversion in terms of section 18F shall be subject to any condition, servitude or other right registered against the title of the land on which the area in question is situate.
in the case of any other transfer, be disposed of in accordance with the Deeds Act.
If any area has been declared under section 18A(1) to be a rural settlement, the Administrator may by notice in the Official Gazette impose conditions in respect of that area for the regulation of the use of the pieces of land in the area.
may at any time be amended or withdrawn by the Administrator by like notice.
The Administrator shall exercise the powers conferred upon him by this section after consultation with the community residing in the area in question in such manner as he may consider the most suitable.
Any condition referred to in this section shall lapse as from the date on which a town planning scheme or a zoning scheme becomes applicable in respect of the area in question.
Amendment of section 23 of Act 112 of 1991 33.
"(a) hinders or obstructs any person designated under section 18(1) or (2), 18D(1) or (2) or 20(3) in the performance of his functions under this Act;".
Insertion of section 24A in Act 112 of 1991 34.
authorize the Administrator to perform any duty assigned to the Minister by this Act.
Substitution of word "Minister" in Act 112 of 1991 35.
The Upgrading of Land Tenure Rights Act, 1991, is hereby amended by the substitution for the word "Minister", wherever it appears in sections 15 (2), 16, 17 and 18, of the word "Administrator".
Notwithstanding the repeal of the South-West Africa Constitution Act, 1968 (Act No. 39 of 1968), any law which was made under section 38(1) of that Act and is in force in the Republic or in respect of the administration of Walvis Bay at the commencement of this Act shall continue in force until amended or repealed by an Act of Parliament.
This Act shall be called the General Law Second Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Act No. 49 of 1919 Treaty of Peace and South West Africa Mandate Act, 1919 The whole.
Act No. 19 of 1939 Police (South-West Africa) Act,1939 The whole.
Amendment Act, 1944 The whole.
(South-West Africa) Act, 1945 The whole.
Amendment Act, 1949 unrepealed.
Affairs Administration Act, 1954 The whole.
Act No. 17 of 1970 Act No. 27 of 1970 Act No. 80 of 1971 Act No. 23 of 1972 Act No.
Act No. 79 of 1972 Act No. 85 of 1972 Act No.
(South-West Africa) Act, 1939.
Black Laws Amendment Act, 1962 Section 14.
Amendment Act, 1963 Section 23.
General Law Amendment Act, 1967 Section 22.
Constitution Act, 1968 The whole.
Development of Self-government for Native Nations in The whole.
Act, 1969 The whole.
Development Corporation Act, 1969 The whole.
Amendment Act, 1970 The whole.
General Law Amendment Act, 1970 Section 7.
Amendment Act, 1970 Section 11.
General Law Amendment Act, 1971 Sections 26 and 27.
Black Laws Amendment Act, 1972 Sections 4, 8 and 9.
Mines, Works and Minerals in South-West Africa Amend- The whole.
Coloured Persons in The whole.
Control of the Meat Trade in South-West Africa Amend- The whole.
Administration Act, 1972 The whole.
Act, 1972 The whole.
Act No. 48 of 1973 Act No. 62 of 1973 Act No.
Act No. 71 of 1974 Act No.
Act No. 57 of 1975 Act No.
Act No. 4 of 1976Act No.
Act No. 31 of 1976 Act No.
Rehoboth Self-Government Act, 1976 The whole.
Sections 29, 30 and 36.
Sections 34, 35, 48 and 49.
Sections 3, 4, 5 and 6.
Sections 5 5 and 6.
So much of the Schedule as relates to the Development of Self-govern- ment for Native Nations in South-West Africa Act, 1968.
Proclamation No. R.
Proclamation No. R.264 of 1977 Act No.
So much as is unrepealed.
So much of Sched ule 2 as relates to the South-West Africa Constitu- tion Act, 1968.
So much of the Schedule as relates to the Mining Rights (South-West Africa) Act, 1932.
So much of Schedule 1 as Relates to the Population Registration and Identity Docu- ments in South West Africa Amendment Act, 1977.
<fn>GOV-ZA.14978En.2012-02-10.en.txt</fn>
To amend the Rural Areas Act (House of Representatives), 1987, so as to transfer certain powers of the State President with regard to the administration of estates to the Minister; to empower the Minister to appoint persons other than public servants to administer certain estates and to defray the costs of the administration of such estates from moneys appropriated by the House of Representatives for the purpose; to empower the Minister to transfer any trust land situate in an existing or incorporated area to the board of management concerned; to delete provisions in terms of which boards of management are obliged to repay portions of the cost of certain works to the State; and to discharge boards of management from liability in respect of certain debts; and to provide for matters connected therewith.
(Assented to 9 July 1993.
Substitution of section 5 of Act 9 of 1987 1.
If after consultation between the Minister and with the board of management concerned, the State President Minister is of the opinion that undesirable conditions exist or may arise in any existing area or incorporated area in consequence of delays in connection with the administration of estates involving estate erven, he may by proclamation notice in the Gazette declare the provisions of section 6 to be applicable to such area.
Minister by proclamation notice in the Gazette if he is of the opinion that it is no longer required.
Amendment of section 6 of Act 9 of 1987 2.
"(1) After the publication of any proclamation notice under section 5(1), the Minister shall subject to the laws governing the public service by notice in the Gazette appoint in respect of the area in question a person as administrator of the estates involving estate erven which according to a certificate of the Master of the Supreme Court concerned have not been reported to him or are not properly represented or are not being effectively administered."
"(9) The Minister may defray the costs of the administration of the estates referred to in subsection (1) from moneys appropriated by the House of Representatives for the purpose.".
Amendment of section 20 of Act 9 of 1987 3.
Section 20 of the principal Act is hereby amended by the deletion of paragraph (d) of subsection (2).
Insertion of section 20A in Act 9 of 1987 4.
20A. Notwithstanding anything to the contrary in this Act the Minister may, subject to any conditions determined by him, at any time after consultation with the board of management concerned transfer to such board of management any land, situated in an existing or incorporated area, which is held in trust by him for the community concerned and he may carry out or order the carrying out of any act, including the surveying of land, which in his opinion is necessary to effect such transfer.
Amendment of section 42 of Act 9 of 1987 5.
"(b) out of moneys appropriated by the House of Representatives for the purpose undertake, administer, run and maintain such works as he may consider advisable for the development and improvement of a betterment area or for the promotion of community development or health or social conditions in such area.
by the deletion of subsections (4) and (5).
Amendment of section 49 of Act 9 of 1987 6.
Section 49 of the principal Act is hereby amended by the deletion of paragraph (g) of subsection (1).
A board of management which, immediately prior to the deletion of section 42(2) of the principal Act by section 5, owes money to the State or the Minister by virtue of a determination under the said section 42(2), is hereby discharged from all liability in respect of such money owing and the interest payable thereon.
This Act shall be called the Rural Areas Amendment Act (House of Representatives), 1993.
<fn>GOV-ZA.14980En.2012-02-10.en.txt</fn>
Government Gazette 14980 STATE PRESIDENT'S OFFICE No. 1281 20 July 1993 It is hereby notified that the State President has assented to the following Act which is hereby published for general information:- NO.
To provide for the exemption of certain persons from certain requirements contained in the Admission of Advocates Act, 1964, and the Attorneys Act, 1979; and to provide for matters connected therewith.
"panel" means the panel appointed in terms of section 4.
exempt an applicant from a requirement referred to in section 3(2)(a)(i) of the the requirements for the degree referred to in section 2(1)(a) of the Attorneys Act, 1979 (Act No.
15(1)(b)(iv) or 18(1)(d) of that Act.
has indeed practiced as a legal practitioner in another country in the Supreme Court or the High Court of that country; or is entitled to practice as such on account of his academic qualifications, and practical training or examinations, whether or not such practical training or examinations were a prerequisite for the completion of the academic qualifications concerned.
Any person who claims an exemption in terms of section 2(1) may lodge a written application with the Minister for such exemption.
The Minister shall as soon as practicable submit such application together with any other relevant documents to the panel for consideration.
a judge of the Appellate Division of the Supreme Court of South Africa, or such a judge that has been discharged from active service under section 3(1)(a) or (b) of the Judges' Remuneration and Conditions of Employment Act, 1989 (Act No.
one lecturer in law at a university in the Republic, after consultation with the Society of University Teachers of Law; and not more than two persons who, in the opinion of the Minister, have the necessary expertise to serve on the panel, to perform the functions assigned to the panel in terms of section 6.
The member of the panel referred to in subsection (1)(a) shall be the chairman of the panel.
Subject to the provisions of subsections (1) and (2), the Minister may from time to time designate a person to serve on the panel in the place of a member of the panel who for any reason is no longer able to serve on the panel.
A member of the panel who is not in the full-time service of the State shall in respect of his services as such member be paid such remuneration and allowances as may be determined by the Minister with the concurrence of the Minister of State Expenditure.
A meeting of the panel shall be held at such time and place as the chairman may determine.
The procedure at meetings of the panel shall, subject to the provisions of this section, be determined by the chairman of the panel.
The decision of the majority of the members of the panel present at any meeting thereof shall be the decision of the panel, and in the event of an equality of votes the chairman shall have a casting vote in addition to his deliberative vote.
If the panel is satisfied that an applicant satisfies the requirements referred to in section 2(2), the panel shall consider the application concerned together with any relevant documents submitted to the panel in terms of section 3.
the standard of training received by the applicant, correspond with the syllabus and standard of training which are normally required by a university in the Republic for the completion of a degree referred to in section 3(2)(a)(i) of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), or section 2(1)(a) of the Attorneys Act, 1979 (Act No.
the nature and extent of the legal practice of the applicant in that country; and the nature of the practical training or examinations referred to in section 2(2)(c)(ii).
The panel may for the purposes of its functions in terms of this section consult with any person, organization or institution before a recommendation in terms of subsection (4) is made.
whether the applicant should pass any supplementary examinations prescribed in terms of section 8; and inform the Minister in writing of its recommendation.
The administrative work incidental to the performance of the functions of the panel shall be carried out by officers of the Department of Justice designated for that purpose by the Director-General: Justice.
the supplementary examinations referred to in section 6(4)(a); and in general, any other matter which the Minister may consider necessary or expedient to prescribe in order to achieve or promote the objects of this Act, and the generality of this paragraph shall not be limited by the preceding paragraph.
(a) Section 3(2) of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), shall be so construed that a person who has been exempted from the provisions of that section under this Act shall be deemed to comply with the provisions of that section to the extent to which such exemption has been granted.
Any section of this Act shall, subject to the provisions of subsection (3), cease to have effect after the expiry of one year from the commencement of that section, but this shall not affect the previous operation of that section or any exemption granted in terms thereof.
The period mentioned in subsection (2) may be extended by the State President by proclamation in the Gazette for one year at a time: Provided that a second or subsequent extension shall only take place with the concurrence of Parliament.
This Act shall be called the Recognition of Foreign Legal Qualifications and Practice Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14981En.2012-02-10.en.txt</fn>
To amend the Attorneys Act, 1979, in order to amend, insert or delete certain definitions; to further regulate the duration of service under articles of clerkship; to provide for exemption from service under articles of clerkship; to provide for certain information to be submitted to a society before the performance of community service; to provide for the lodging, examination and registration of contracts of service; to further regulate the supervision of candidate attorneys; to further regulate absence from office of candidate attorneys; to further regulate the right of appearance of candidate attorneys; to restrict the pecuniary interests of candidate attorneys in the organization or institution where they perform community service; to regulate the termination of a contract of service; to further regulate removal from the roll of advocates; to further regulate the performance of irregular service; to further regulate practical examinations; to further regulate the admission of attorneys; to delete obsolete provisions; to further regulate the prescribing of fees; and to make further provision for the prescribing of regulations; to amend the Magistrates' Courts Act, 1944, so as to make provision for the appearance of candidate attorneys performing community service in magistrates' courts; and to provide for matters connected therewith.
BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows:- Amendment of section 1 of Act 53 of 1979, as amended by section 1 of Act 87 of 1989 and section 1 of Act 102 of 1991 1.
on behalf of and under the control of the Legal Aid Board established under section 2 of the Legal Aid Act, 1969 (Act No.
a candidate attorney performing community service, means an attorney who is employed full-time at a law clinic or an office of the Legal Aid Board established under section 2 of the Legal Aid Act, 1969 (Act No.
Amendment of section 2 of Act 53 of 1979, as amended by section 1 of Act 108 of 1984 2.
perform community service approved by the society concerned in terms of a contract of service for an uninterrupted period of at least one year to the satisfaction of that society.
Insertion of section 2A in Act 53 of 1979 3.
has, to the satisfaction of the society concerned, gained at least five years' appropriate legal experience, is exempted from service under articles of clerkship in terms of section 2(1), and from the provisions of section 2(1A).
Insertion of section 4A in Act 53 of 1979 4.
the contract of service in which the date is mentioned upon which he will commence community service and at which law clinic or office of the Legal Aid Board, as the case may be, he intends performing community service.
Substitution of section 5 of Act 53 of 1979, as amended by section 3 of Act 87 of 1989 5.
The original of any articles of clerkship or contract of service shall within two months of the date thereof be lodged by the principal concerned with the secretary of the society of the province in which the service under such articles or contract of service is to be performed.
The secretary of the society concerned shall, on payment of the fees prescribed under section 80, examine any articles or contract of service lodged with him and shall, if he is satisfied that the articles are or contract of service is in order and that the council has no objection to the registration thereof, on payment of the fees so prescribed register such articles or contract of service and shall advise the attorney principal and candidate attorney concerned of such registration in writing by certified post.
If articles of clerkship are or a contract of service is not registered within two months of the date thereof, any service thereunder shall be deemed to commence on the date of registration thereof.
Amendment of section 6 of Act 53 of 1979, as amended by section 4 of Act 87 of 1989 and section 3 of Act 102 of 1991 6.
Amendment of section 7 of Act 53 of 1979, as substituted by section 5 of Act 87 of 1989 7.
"(1) Subject to the provisions of subsection (2), a candidate attorney may, with the consent of his principal, absent himself from office for a period which does not, or for periods which in the aggregate do not, exceed thirty working days in any one year of the articles of clerkship or contract of service."
(3) If any period of absence from office exceeds, or the periods of absence from office in the aggregate exceed, thirty working days in any one year of articles of clerkship or contract of service, the period in excess of thirty working days shall be added to the period for which the candidate attorney is bound to serve under articles or contract of service.
Notwithstanding the provisions of section 6, one half of any period of absence from the office of his principal by a candidate attorney as a result of training undergone by him in the South African Defence Force in terms of section 3 of the Defence Act, 1957 (Act No. 44 of 1957), shall, subject to a maximum period of three months, be deemed to have been served under such articles of clerkship or contract of service.
Notwithstanding the provisions of section 6, any period of absence not exceeding six months of a candidate attorney from the office of his principal for the purpose of attending a training course approved by the society concerned, shall, if that candidate attorney has completed that course to the satisfaction of that society, be deemed to have been served under articles of clerkship or contract of service: Provided that in the case of a candidate attorney referred to in sections 2(1A) and 2A the period of attending a training course shall not be deemed to be a period that that candidate attorney has served under articles of clerkship or contract of service.
Amendment of section 8 of Act 53 of 1979, as substituted by section 6 of Act 87 of 1989 8.
"(a) Any candidate attorney who is entitled to appear as contemplated in subsection (1), shall at the expiry of his articles or contract of service, and provided he remains in the employ of the attorney who was his principal immediately before such expiry, or provided he remains in the service of the law clinic or the Legal Aid Board concerned, as the case may be, remain so entitled until he is admitted as an attorney, but not for longer than six months.".
Substitution of section 9 of Act 53 of 1979, as substituted by section 7 of Act 87 of 1989 9.
A candidate attorney shall not have any pecuniary interest in the practice and service of an attorney, or in the organization or institution where he performs community service, and shall not, without the prior written consent of the council of the society of the province in which he performs service under the articles or contract of service, hold or occupy any office or engage in any other business other than that of candidate attorney.
If any candidate attorney contravenes the provisions of subsection (1), the articles or contract of service shall be void ab initio and service rendered thereunder shall be ineffectual unless the court on good cause shown otherwise directs.
Substitution of section 11 of Act 53 of 1979, as amended by section 5 of Act 108 of 1984 and section 9 of Act 87 of 1989 10.
If articles of clerkship are or a contract of service is for any reason cancelled, abandoned or ceded, the attorney to principal with whom the candidate attorney concerned is articled serving at that time shall forthwith in writing notify the secretary of the society of such cancellation, abandonment or cession.
If articles of clerkship have or a contract of service has been cancelled or abandoned before completion thereof, the court may in its discretion on the application of the person who served under such articles or contract of service and subject to such conditions as the court may impose, order that for the purposes of this Act, the whole or such part of the period served under such articles or contract of service as the court deems fit, be added to any period served by that person under articles or a contract of service entered into after the first-mentioned articles were or contract of service was cancelled or abandoned, and any period so added shall for the purposes of this Act be deemed to have been served under the last-mentioned articles or contract of service and continuously with any period served thereunder.
if the period served by such person under the first-mentioned articles of clerkship is equal to or exceeds the period which he would, at the time of the making of the application, be required to serve under articles of clerkship in terms of this Act, that the period so served be considered as adequate service under articles for the purposes of this Act, and thereafter any period so served by such person shall be deemed to have been served after and under articles entered into after he satisfied such requirements or became so entitled.
Substitution of section 12 of Act 53 of 1979, as substituted by section 1 of Act 13 of 1990 11.
Any person admitted to practice as an advocate shall not be allowed to register articles or a contract of service in terms of the provisions of this Act, unless his name has on his own application been removed from the roll of advocates.
Amendment of section 13 of Act 53 of 1979, as amended by section 2 of Act 76 of 1980, section 1 of Act 60 of 1982, section 2 of Act 56 of 1983, section 6 of Act 108 of 1984 and section 10 of Act 87 of 1989 12.
"(2) If any person has not served regularly as a candidate attorney, the court, if satisfied that such irregular service was occasioned by sufficient cause, that such service is substantially equivalent to regular service, and that the society concerned has had due notice of the application, may permit such person, on such conditions as it may deem fit, to apply for admission as an attorney as if he had served regularly under articles or a contract of service.".
Amendment of section 14 of Act 53 of 1979, as amended by section 1 of Act 80 of 1985 13.
has attended a training course approved by the society concerned for an uninterrupted period of at least four months and has completed such course to the satisfaction of that society.
Amendment of section 15 of Act 53 of 1979, as substituted by section 7 of Act 108 of 1984 14.
"(vi) completed his service under articles or contract of service, or has complied with the provisions of section 2(1A), within the period of three years preceding his application to the court or within the further period allowed by the court in terms of subsection (2)."
"(2) The court may in its discretion, on the application of any person and on good cause shown, allow a further period in addition to the period of three years referred to in subsection (1)(b)(vi), within which the applicant may apply for admission as an attorney, subject to such conditions, if any, as it may deem fit, including a condition relating to further service under articles or contract of service.".
Amendment of section 56 of Act 53 of 1979 15.
Section 56 of the principal Act is hereby amended by the deletion of paragraph (e).
Amendment of section 71 of Act 53 of 1979, as amended by section 24 of Act 87 of 1989 16.
"(1) A council may in the prescribed manner inquire into cases of alleged unprofessional or dishonourable or unworthy conduct on the part of any attorney, notary or conveyancer whose name has been placed on the roll of any court within the province of its society, whether or not he is a member of such society, or of any person serving articles of clerkship or a contract of service with a member of its society, or of any former candidate attorney referred to in section 8(4).".
Amendment of section 72 of Act 53 of 1979, as amended by section 5 of Act 80 of 1989 and section 25 of Act 87 of 1989 17. Section 72 of the principal Act is hereby amended by the substitution for subparagraph (i) of paragraph (b) of subsection (1) of the following subparagraph: "(i) cancel or suspend his articles of clerkship or contract of service;".
Amendment of section 74 of Act 53 of 1979, as amended by section 26 of Act 87 of 1989 18.
(6) In this section 'High Court' means any high court constituted in terms of section 17I of the Development of Self-government for Native Nations in South West Africa Act, 1968 (Act No.
Territories Constitution Act, 1971 (Act No. 21 of 1971).
Amendment of section 80 of Act 53 of 1979, as amended by section 10 of Act 108 of 1984 19.
Amendment of section 81 of Act 53 of 1979, as amended by section 5 of Act 76 of 1980, section 4 of Act 60 of 1982, section 4 of Act 56 of 1983, section 7 of Act 80 of 1985 and section 29 of Act 87 of 1989 20.
"(b) the service which is recognized as appropriate legal experience for the purposes of section 2A(c) and the period which may expire between the date on which such service has been completed and the date on which exemption from articles of clerkship may be granted;".
Substitution of section 11 of Act 87 of 1989 21.
Amendment of section 15 of Act 53 of 1979, as substituted by section 7 of Act 108 of 1984 11.
Substitution of section 21 of Act 32 of 1944, as substituted by section 35 of Act 87 of 1989 22.
A candidate attorney as defined in section 1 of the Attorneys Act, 1979 (Act No. 53 of 1979), may, subject to section 8 of that Act, appear instead and on behalf of the attorney to whom he has been articled, or under whom he serves community service in terms of a contract of service, in any proceedings in any court.
The provisions of this Act shall, in so far as they can be applied, also be applicable to a candidate attorney who, at the commencement of this Act, is serving under articles of clerkship.
This Act shall be called the Attorneys Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14982En.2012-02-10.en.txt</fn>
To amend the Correctional Services Act, 1959, so as to amend a certain definition and to delete others; to provide that a determinate sentence of imprisonment shall run concurrently with an indeterminate sentence of imprisonment imposed on a dangerous criminal; and to further regulate correctional supervision; to amend the Mental Health Act, 1973, so as to amend a certain definition and to delete others; to amend the Criminal Procedure Act, 1977, so as to amend the definition of "correctional supervision"; to provide for the declaration of certain persons as dangerous criminals; to provide that a dangerous criminal shall undergo imprisonment for an indefinite period; and to provide for the release of such dangerous criminal; and to provide for matters connected therewith.
Amendment of section 1 of Act 8 of 1959, as amended by section 1 of Act 75 of 1965, section 46 of Act 70 of 1968, section 1 of Act 88 of 1977, section 1 of Act 58 of 1978, section 1 of Act 22 of 1980, Government Notice No. 2302 of 31 October 1980, section 1 of Act 43 of 1981, section 1 of Act 65 of 1982, section 1 of Act 104 of 1983, section 1 of Act 6 of 1985, section 1 of Act 92 of 1990, section 1 of Act 122 of 1991 and section 1 of Act 68 of 1993 1.
"(c) his sentence has been converted into that under section 276A(3)(e)(ii), 286B(4)(b)(ii) or 287(4)(b) of the Criminal Procedure Act, 1977, or he has been placed under that under section 286B(5)(iii) or 287(4)(a) of the Criminal Procedure Act;"; and by the deletion of the definitions of "hospital prison for psychopaths", "psychopath" and "psychopathic disorder".
Section 20 of the Correctional Services Act, 1959, is hereby amended by the deletion of paragraph (dA) of subsection (1).
"(a) that any determinate sentence of imprisonment to be served by any person shall run concurrently with a life sentence or with an indeterminate sentence of imprisonment to be served by such person in consequence of being declared an habitual criminal or dangerous criminal; and".
Substitution of section 34 of Act 8 of 1959, as substituted by section 5 of Act 88 of 1977 and amended by section 12 of Act 92 of 1990 4.
A prisoner who, while serving a sentence of imprisonment, is removed to an institution as defined in section 1 of the Mental Health Act, 1973, or a hospital prison for psychopaths shall, as soon as he is fit for discharge therefrom, be returned by the authorities of such institution or hospital prison for psychopaths, as the case may be to complete the sentence which was interrupted by his removal to such institution or hospital prison for psychopaths.
The period during which such prisoner was detained in an institution referred to in subsection (1) or a hospital prison for psychopaths may, on the authority of the Minister, be reckoned as part of his sentence of imprisonment.
Substitution of section 77 of Act 8 of 1959, as substituted by section 8 of Act 88 of 1977 5.
Every prisoner sentenced to imprisonment and detained in a prison including a hospital prison for psychopaths shall, subject to the provisions of this Act and subject also to any special order of the court, be employed, trained and treated in such manner as the Commissioner may determine, and such a prisoner shall at all times perform such labour, tasks and other duties as may be assigned to him for the purpose of such employment, training or treatment or for any other purpose connected with such prison, by any member of the Department.
Section 81 of the Correctional Services Act, 1959, is hereby amended by the deletion of subsection (3).
"(2) Any probationer who is subject to correctional supervision under section 6(1)(c), 276(1)(h), 286B(4)(b)(ii) or (5)(iii) or 297(1)(a)(i)(ccA), (1)(b) or (4) of the Criminal Procedure Act, 1977, and who has been arrested and is being detained under the provisions of subsection (1) shall in such a case not be so detained for longer than 72 hours before he is brought before the court.".
Amendment of section 1 of Act 18 of 1973, as amended by section 1 of Act 10 of 1978, section 1 of Act 38 of 1981, section 1 of Act 3 of 1984, section 2 of Act 34 of 1986, section 1 of Act 55 of 1987, section 6 of Act 51 of 1991 and section 1 of Act 19 of 1992 8.
"'mental illness' means any disorder or disability of the mind, and includes any mental disease and any arrested or incomplete development of the mind, and any psychopathic disorder and 'mentally ill' has a corresponding meaning;"; and by the deletion of the definitions of "hospital prison for psychopaths" and "psychopathic disorder".
Substitution of section 27 of Act 18 of 1973 9.
Amendment of section 30 of Act 18 of 1973, as amended by section 2 of Act 38 of 1981 10.
"(1) Whenever it appears to the Minister that a convicted prisoner in a prison is mentally ill to such a degree that he should be detained in an institution or in a hospital prison for psychopaths and the prisoner is not under the sentence of death, he may order the magistrate of the district in which the prison is situated to cause the mental condition of the prisoner to be enquired into."
(4) If any such medical practitioner certifies that he is doubtful whether the prisoner is mentally ill to the degree referred to, the magistrate may direct that the prisoner be removed for observation to an institution, other than a licensed institution or to a hospital prison for psychopaths, as the case may be.
A prisoner shall, while he is detained in an institution or a hospital prison for psychopaths under subsection (4), be deemed to be in the lawful custody of the person in charge of the prison in which he was detained immediately prior to his removal.
Substitution of section 31 of Act 18 of 1973 11.
If the magistrate is satisfied that a prisoner removed under section 30(4) for observation is mentally ill to the degree referred to in section 30(1), he shall, pending a direction under subsection (2) of this section, make an order for the further detention of the prisoner in the institution or hospital prison in question.
When an order is made under subsection (1), the Minister shall direct either that the prisoner be detained in the institution or hospital prison in question or that he be removed to an institution or hospital prison for psychopaths specified by the Minister.
The magistrate making the order under subsection (1) shall without delay transmit to the Director-General a copy of the order, together with a copy of any medical certificate referred to in section 30(4) and of any report relating to the prisoner by the superintendent of the institution or the person in charge of the hospital prison in question, as the case may be and of the warrant under which the prisoner was detained in prison.
A prisoner shall, subject to the provisions of section 34 of the Prisons Correctional Services Act, 1959 (Act No. 8 of 1959), be detained in the institution or hospital prison referred to in subsection (2) or in any other institution or hospital prison to which he may be transferred.
Amendment of section 32 of Act 18 of 1973 12.
(3) The Minister shall direct that the prisoner concerned be removed to an institution or hospital prison for psychopaths specified by the Minister, whereupon the prisoner shall be removed to and be received at such institution or hospital prison, as the case may be.
A prisoner shall, subject to the provisions of section 34 of the Prisons Correctional Services Act, 1959 (Act No. 8 of 1959), be detained in the institution or hospital prison referred to in subsection (3) or in any other institution or hospital prison to which he may be transferred.
Substitution of section 33 of Act 18 of 1973 13.
If two medical practitioners certify in writing that a mentally ill prisoner in respect of whom a direction has been issued that he be detained in an institution or prison hospital for psychopaths has recovered to such an extent that his detention in the institution or prison hospital for psychopaths is no longer necessary, such prisoner shall be dealt with under the provisions of section 34 of the Prisons Correctional Services Act, 1959 (Act No. 8 of 1959).
Amendment of section 34 of Act 18 of 1973 14.
"(3) If one month before the expiry of his sentence of imprisonment such prisoner is still mentally ill to such a degree that it is necessary that he be detained in an institution, or hospital prison for psychopaths the superintendent or other custodian of the prisoner shall without delay transmit a report as to his mental condition, together with such other documents as may be deemed necessary, to the official curator ad litem, who shall without delay transmit the report and documents to the registrar of the court for the consideration of a judge in chambers.".
Section 77 of the Mental Health Act, 1973, is hereby amended by the deletion of paragraph (d) of subsection (1).
Amendment of section 79 of Act 51 of 1977, as amended by section 4 of Act 4 of 1992 17.
Health and Population Development shall compile and keep a list of psychiatrists who are prepared to conduct any enquiry under this section and section 286A(3), and shall provide the registrars of the several divisions of the supreme court and all clerks of magistrates' courts with a copy thereof.
Amendment of section 114 of Act 51 of 1977 18.
Amendment of section 116 of Act 51 of 1977 19.
Amendment of section 276 of Act 51 of 1977, as amended by section 3 of Act 107 of 1990, section 41 of Act 122 of 1991 and section 18 of Act 139 of 1992 20.
Insertion of sections 286A and 286B in Act 51 of 1977 21.
286A. (1) Subject to the provisions of subsections (2), (3) and (4), a superior court or a regional court which convicts a person of one or more offences, may, if it is satisfied that the said person represents a danger to the physical or mental well-being of other persons and that the community should be protected against him, declare him a dangerous criminal.
If it appears to a court referred to in subsection (1) or if it is alleged before such court that the accused is a dangerous criminal, the court may after conviction direct that the matter be enquired into and be reported on in accordance with the provisions of subsection (3).
Before the court commits an accused for an enquiry in terms of subsection (3), the court shall inform such accused of its intention and explain to him the provisions of this section and of section 286B as well as the gravity of those provisions.
by the medical superintendent of a psychiatric hospital designated by the court, or by a psychiatrist appointed by such medical superintendent at the request of the court; and by a psychiatrist appointed by the accused if he so wishes.
The court may for the purposes of such enquiry commit the accused to a psychiatric hospital or other place designated by the court, for such periods, not exceeding 30 days at a time, as the court may from time to time determine, and if an accused is in custody when he is so committed, he shall, while he is so committed, be deemed to be in the lawful custody of the person or the authority in whose custody he was at the time of such committal.
When the period of committal is extended for the first time under subparagraph (i), such extension may be granted in the absence of the accused unless the accused or his legal representative requests otherwise.
The relevant report shall be in writing and shall be submitted in triplicate to the registrar or the clerk of the court, as the case may be, who shall make a copy thereof available to the prosecutor and the accused or his legal representative.
The report shall include a description of the nature of the enquiry; and include a finding as to the question whether the accused represents a danger to the physical or mental well-being of other persons.
If the persons conducting the enquiry are not unanimous in their finding under paragraph (d)(ii), such fact shall be mentioned in the report and each of such persons shall give his finding on the matter in question.
Subject to the provisions of paragraph (g), the contents of the report shall be admissible in evidence at criminal proceedings.
A statement made by an accused at the enquiry shall not be admissible in evidence against the accused at criminal proceedings, except to the extent to which it may be relevant to the determination of the question whether the accused is a dangerous criminal or not, in which event such statement shall be admissible notwithstanding that it may otherwise be inadmissible.
A psychiatrist appointed under paragraph (a), other than a psychiatrist appointed by an accused, shall, subject to the provisions of paragraph (i), be appointed from the list of psychiatrists referred to in section 79(9).
Where the list compiled and kept in terms of section 79(9) does not include a sufficient number of psychiatrists who may conveniently be appointed for any enquiry under this subsection, a psychiatrist may be appointed for the purposes of such enquiry notwithstanding that his name does not appear on such list.
A psychiatrist designated or appointed under paragraph (a) and who is not in the full-time service of the State, shall be compensated for his services in connection with the enquiry, including giving evidence, from public funds in accordance with a tariff determined by the Minister in consultation with the Minister of State Expenditure.
For the purposes of this subsection a psychiatrist means a person registered as a psychiatrist under the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974).
If the finding contained in the report is the unanimous finding of the persons who under subsection (3) conducted the enquiry, and the finding is not disputed by the prosecutor or the accused, the court may determine the matter on such report without hearing further evidence.
If the said finding is not unanimous or, if unanimous, is disputed by the prosecutor or the accused, the court shall determine the matter after hearing evidence, and the prosecutor and the accused may to that end present evidence to the court, including the evidence of any person who under subsection (3)(a) conducted the enquiry.
Where the said finding is disputed, the party disputing the finding may subpoena and cross-examine any person who under subsection (3)(a) conducted the enquiry.
286B. (1) The court which declares a person a dangerous criminal sentence such person to undergo imprisonment for an indefinite period; and direct that such person be brought before the court on the expiration of a period determined by it, which shall not exceed the jurisdiction of the court.
A person sentenced under subsection (1) to undergo imprisonment for an indefinite period shall, notwithstanding the provisions of subsection (1)(b) but subject to the provisions of subsection (3) within seven days after the expiration of the period contemplated in subsection (1)(b) be brought before the court which sentenced him in order to enable such court to reconsider the said sentence: Provided that in the absence of the judicial officer who sentenced the person any other judicial officer of that court may, after consideration of the evidence recorded and in the presence of the person, make such order as the judicial officer who is absent could lawfully have made in the proceedings in question if he had not been absent.
The Commissioner may, if he is of the opinion that owing to practical or other considerations it is desirable that a court other than the court which sentenced the person should reconsider such sentence after the expiration of the period contemplated in subsection (1)(b), with the concurrence of the attorney-general in whose jurisdiction such other court is situated, apply to the registrar or to the clerk of the court, as the case may be, of the other court to have such person appear before the other court for that purpose: Provided that such sentence shall only be reconsidered by a court with jurisdiction equal to that of the court which sentenced the person.
On receipt of any application referred to in paragraph (a), the registrar or the clerk of the court, as the case may be, shall, after consultation with the prosecutor, set the matter down for a date which shall not be later than seven days after the expiration of the period contemplated in subsection (1)(b).
within a reasonable time before the date contemplated in paragraph (b) submit the case record to the judicial officer who is to reconsider the sentence; and inform the Commissioner in writing of the date for which the matter has been set down.
Whenever a court reconsiders a sentence in terms of this section, it shall have the same powers as it would have had if it were considering sentence after conviction of a person and the procedure adopted at such proceedings shall apply mutatis mutandis during such reconsideration: Provided that the court shall make no finding before it has considered a report of a parole board as contemplated in section SC of the Correctional Services Act, 1959 (Act No. 8 of 1959).
release the person unconditionally or on such conditions as it deems fit.
at any time, if it is found from a motivated recommendation by the Commissioner that that person is not fit to be subject to correctional supervision; or after such person has been brought before the court in terms of section 84B of the Correctional Services Act, 1959 (Act No.
where the person is brought before the court in terms of paragraph (b), again place the person under correctional supervision on the conditions it deems fit and for a period which shall not exceed the unexpired portion of the period of correctional supervision as converted in terms of subsection (4)(b) (ii).
For the purposes of subsection (4)(b)(i) or (S)(i), it shall not be regarded as exceeding the jurisdiction of the regional court if the further period contemplated in those subsections and the period contemplated in subsection (1)(b), together exceed such court's jurisdiction.
At the expiration of the further period contemplated in subsection (4)(b)(i) or (S)(i), the provisions of subsections (2) up to and including (6), as well as of this subsection, shall mutatis mutandis apply.
This Act shall be called the Criminal Matters Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14983En.2012-02-10.en.txt</fn>
To amend the Removal of Restrictions Act, 1967, so as to make further provision with reference to the alteration, suspension or removal of certain restrictions or obligations in respect of land; to amend the Black Local Authorities Act, 1982, so as to further regulate meetings of local authorities; and to make further provision for the case where a local authority is unable to perform its functions; to amend the Promotion of Local Government Affairs Act, 1983, so as to further regulate the constitution of the co-ordinating council; to amend the KwaZulu and Natal Joint Services Act, 1990, so as to authorize a joint services board to borrow or lend money for certain purposes; to amend the Local City Council Dissolution Act, 1991, so as to correct certain descriptions of land; to postpone the holding of elections for local government bodies; to repeal certain laws pertaining to local government so as to give further effect to the fact that certain own affairs functions are being assigned to Ministers for general affairs and Administrators; and to provide for matters in connection therewith.
Amendment of section 2 of Act 84 of 1967, as amended by section 61 of Act 70 of 1968, section 7 of Act 96 of 1969 and section 2 of Act 18 of 1984 1.
"(1B) In the application of subsection (1), no restriction or obligation which is binding on the owner of land by virtue of a provision of a townplanning scheme shall be altered, suspended or removed on the application of a person referred to in section 3 unless the application is directly connected with an application by that person for the alteration, suspension or removal of a restriction or obligation which is binding on that owner by virtue of a restrictive condition or servitude registered against the title deed of the land in question."
"(3) When a restriction or obligation which is binding on the owner of any land by virtue of a townplanning scheme, is altered in terms of subsection (1), the provisions of any law on townplanning or the establishment of townships which is in force in the province in which the land is situate and which relates to the payment of a development contribution, or a contribution in respect of engineering services, open spaces or parks, as contemplated in that law, shall apply as if such alteration were an alteration of the townplanning scheme in terms of that law.".
An application lodged in terms of section 3(2) or (3) of the Removal of Restrictions Act, 1967 (Act No. 84 of 1967), before the commencement of this Act, and any steps taken in connection with such application, shall be proceeded with, disposed of and given effect to, as the case may be, as if this Act had not been passed.
Subsections (1) and (2) shall be deemed to have come into operation in the province of the Transvaal on 1 April 1993 and shall come into operation in the provinces of the Cape of Good Hope, Natal and the Orange Free State on a date determined by the State President, after consultation with the Administrator of each such province, by proclamation in the Gazette.
Amendment of section 14 of Act 102 of 1982, as amended by section 11 of Act 95 of 1988 2.
"(6) A majority of all the number of members of the local authority determined from time to time under section 6(1), shall constitute a quorum for any meeting of the local authority.".
Amendment of section 29A of Act 102 of 1982, as inserted by section 2 of Act 90 of 1985 and amended by section 15 of Act 95 of 1988 3.
"(1) If at any time and for any reason the number of vacancies in a local authority is such that the administrator is of the opinion that the local authority is unable to exercise, perform or fulfill any right, power, function, or duty or obligation assigned to it by or under this Act, the administrator may, notwithstanding the provisions of sections 6(3) and 9(2), by notice in the Official Gazette dissolve the local authority or authorize any person one or more persons or any body to exercise, perform or fulfill any or all of such rights, powers, functions, duties and obligations during a period mentioned in the notice."
(4) A right, power, function, duty or obligation exercised, performed or fulfilled by a person or persons or a body as may be authorized under subsection (1), shall be deemed to have been exercised, performed or fulfilled by the local authority concerned.
Expenditure incurred by a person or persons or a body by virtue of subsection (1) shall be payable by or recoverable from the local authority concerned.
where more than one person so functions jointly with members, one of such persons designated by the administrator, shall act as chairman at meetings of such local authority and exercise, perform or fulfill all rights, powers, functions, duties and obligations after consultation with such elected and appointed members in respect of the whole or any part of the area of jurisdiction as determined by the administrator in the notice contemplated in subsection (1).
Amendment of section 3 of Act 91 of 1983, as amended by section 2 of Act 45 of 1985, section 1 of Act 79 of 1986, section 7 of Act 43 of 1988, section 2 of Act 82 of 1988 and section 2 of Act 56 of 1993 4.
"(5) The Minister shall be the chairman of the co-ordinating council and if he is absent from any meeting of the council one of the Deputy Minister of Local Government other Ministers who are members of the council in terms of subsection (2) or any person the Administrator designated by the Minister shall preside at such meeting.".
Amendment of section 16 of Act 84 of 1990, as amended by section 23 of Act 134 of 1992 and section 11 of Act 136 of 1992 5.
"(14) A board may, with the prior approval of the Minister of Finance of the Republic, borrow or end money for the purposes of or in connection with the exercise or performance of any power, duty or function conferred on or assigned to the board by or in terms of this Act.".
Amendment of Schedule 2 to Act 61 of 1991 6.
by the substitution for item 2 of the following item: 2.
169,5600 hectares of land, situated in the district of Vanderbijlpark, being a Portion of the farm Vanderbijlpark No. 550 IQ, which is further defined in Government Notice No. 1759 of 9 September 1955 2.
bijlpark, being Portion 9 of the farm Vanderbijlpark No.
IQ, shown on diagram S.G. No.
bijlpark, being Portion 27 of the farm Vanderbijlpark No.
bijlpark, being Portion 45 of the farm Vanderbijlpark No.
by the substitution for item 3.
of the farm Rietspruit No.
Lapdoorns No. 548 IQ, shown on diagram S.G. No.
A3511/51 (Province of the Transvaal).
3.32 (a) {715,2587 hectares of land, situated in the district of Vanderbijlpark, being the Remainder of Portion 42 of the farm Wildebeestfontein No. 536 IQ, shown on diagram S.G. No. 8107/86 (Province of the Transvaal) 400,2210 hectares of land, situated in the district of Vanderbijlpark, being Portion 30 of the farm Wildebeestfontein No. 536 IQ, shown on diagram S. G. No.
312,7051 hectares of land, situated in the district of Vanderbijlpark, being Portion 35 of the farm Wildebeestfontein No.536 IQ, shown on diagram S. G. No.
8113 square metres of land, situated in the district of Vanderbijlpark, being the Remainder of Portion 7 of the farm Wildebeestfontein No. 536 IQ, shown on diagram S.G. No.
No.536 IQ, shown on diagram S.G. No.
8119 square metres of land, situated in the district of Vanderbijlpark, being Portion 24 of the farm Wildebeestfontein No. 536 IQ, shown on diagram S.G. No.
4060 square metres of land, situated in the district of Vanderbijlpark, being Lot 125, The Evaton Estate Township, shown on diagram S.G. No. A1154/59 (Province of the Transvaal).
Notwithstanding anything to the contrary contained in any law, the first election, after the commencement of this Act, of the members of all local government bodies shall take place on a day determined by the Minister, after consultation with the Administrator concerned, by notice in the Gazette, and the Minister shall have the power to determine different dates in respect of different local government bodies or different categories of local government bodies.
Unless the council or committee of a local government body dissolves for a reason other than the expiration of the period for which it has been elected or constituted, the council or committee of each local government body shall continue up to the day immediately preceding the day determined in terms of subsection (1), and, unless his membership is terminated for a reason other than the expiration of his term of office, it shall be deemed that every member of the council or committee of a local government body has been properly elected as such in terms of the appropriate electoral law for a period ending on such first-mentioned day.
declare that any law or any provision of any law pertaining to the election of members of any local government body shall, subject to the adjustment or amendment thereof set out in that notice, for the purposes of an election referred to in subsection (1), apply to any local government body or any category of local government bodies determined by him and set out in such notice.
Regulations made under subsection (3)(a) may prescribe penalties for a contravention thereof or a failure to comply therewith, not exceeding a fine of R20 000 or imprisonment for a period of two years.
"Administrator" means an Administrator as defined in section 1 of the Provincial Government Act, 1986 (Act No.
"local government body" means any institution or body contemplated in section 84(1)(f) of the Provincial Government Act, 1961 (Act No.
any local authority as defined in section 1(1) of the Black Local Authorities Act, 1982 (Act No.
any committee referred to in section 17 of the Promotion of Local Government Affairs Act, 1983 (Act No.
any combined local authority referred to in section 8(f) of the Interim Measures for Local Government Act, 1991 (Act No.
"Minister" means the Minister of Local Government.
The laws referred to in the Schedule are hereby repealed.
Subsection (1) shall be deemed to have come into operation on 1 April 1993.
Any amendment, repeal or substitution by an Administrator by proclamation in the Official Gazette under section 14 of the Provincial Government Act, 1986 (Act No.
Part A of column 1 of the Schedules to Proclamations Nos. R.
R.37 and R.
the Schedule to Proclamation No. R.
Part A of column 1 of the Schedule to Proclamation No.
the Declaration of Local Government Areas Ordinance, 1986 (Ordinance No.
the Local Government Areas Ordinance, 1986 (Ordinance No. 24 of 1986), of the Transvaal, and still was, a local government area for a population group.
Anything done or commenced with in terms of or under a provision of any law amended by any law referred to in the Schedule, but not yet finalized on 31 March 1993, shall be deemed to have been done or commenced with in terms of the corresponding provision, if any, of any general law as defined in section 100 of the Republic of South Africa Constitution Act, 1983 (Act No. 110 of 1983).
Notwithstanding the repeal of the laws referred to in the Schedule by section 8, any by-law or regulation made under any law amended by any law so repealed and which was in force immediately before 1 April 1993, shall remain in force until it is amended or repealed by the competent authority, and shall be deemed to have been made under the general law referred to in subsection (1), if any.
In the event of a conflict between a provision of any by-law or regulation referred to in subsection (2) and a provision of any by-law or regulation made under a general law referred to in subsection (1), the provision of the first-mentioned by-law or regulation shall prevail.
This Act shall be called the Local Government Affairs Second Amendment Act, 1993.
Act No. 33 of 1990 Local Government Ordinance Amendment Act (O.F.S.
Act No. 43 of 1991 Local Government Ordinance Amendment Act (O.F.
Act No. 49 of 1991 Townships Ordinance Amendment Act (O.F.S.
Act No. 38 of 1992 Delegation of Powers Ordinance Amendment Act (O.F.S.
Act No. 63 of 1992 Townships Ordinance Amendment Act (O.F.S.
Act No. 65 of 1992 Local Government Ordinance Amendment Act (O.F.S.
Act No. 110 of 1992 Local Government Ordinance Second Amendment Act (O.F.S.
<fn>GOV-ZA.14984En.2012-02-10.en.txt</fn>
To amend the Health Act, 1977, so as to authorize an Administrator to prescribe the moneys payable for the rendering of certain services; and to further regulate the duties and powers of local authorities in connection with health care services; to amend the Dental Technicians Act, 1979, so as to allow a non-member of the South African Dental Technicians Council to be the chairman or vice-chairman of a committee of the council; to amend the National Policy for Health Act, 1990, so as to do away with the Administrators Health Council; and to change the constitution of certain health bodies; to amend the Medicines and Related Substances Control Amendment Act, 1991, so as to further provide for the commencement of certain sections thereof; to amend the Probation Services Act, 1991, so as to further provide for the treatment of probationers; to amend the Social Assistance Act, 1992, so as to define certain expressions; and to provide that grants may be paid in respect of care-dependant children; and to provide for incidental matters.
Amendment of section 16 of Act 63 of 1977 1.
the basis on which and the conditions subject to which any person may, wholly or in part, be exempted from the payment of the moneys referred to in paragraph (a) (i).
Amendment of section 20 of Act 63 of 1977 2.
on application by any person, in writing exempt such person from the payment of such moneys.
Amendment of section 11 of Act 19 of 1979 3.
"(3) The council may from time to time establish such other committees as it may deem necessary, each consisting of such number of persons, appointed by the council, as the council may determine, but which shall include at least two members of the council who shall be the chairman and vice-chairman of such committee, to investigate and report to the council on any matter falling within the scope of the council's functions.".
Amendment of section 1 of Act 116 of 1990 4.
"'health body' means the Committee, any sub-committee established under section 9(1) the Administrators Council or the Council, as the case may be;".
Amendment of section 6 of Act 116 of 1990 6.
"(1A) The Committee may allow the holder of any office to attend a meeting of the Committee in which case the holder of that office may take part in the proceedings at the meeting and shall have the same powers as a member of the Committee referred to in subsection (1).".
Repeal of sections 11, 12 and 13 of Act 116 of 1990 7.
Sections 11, 12 and 13 of the National Policy for Health Act, 1990, are hereby repealed.
Amendment of section 16 of Act 116 of 1990 8.
"(c) the Administrator of each province (d) the holder of any office whom the Minister, after consultation with the Council, appoints as a member."
(2) The Council may allow the holder of any office to attend a meeting of the Council in which case the holder of that office may take part in the proceedings at the meeting and shall have the same powers as a member of the Council referred to in subsection (1).
Any member of the Council may, subject to the directions of the Council, designate any person to act in his stead as member of the Council.
Any alternate member referred to in paragraph (a) may attend, and take part in the proceedings, at any meeting of the Council whenever the member in respect of whom he has been designated as an alternate member, is absent from that meeting.
Amendment of section 19 of Act 116 of 1990 9.
Section 19 of the National Policy for Health Act, 1990, is hereby amended by the deletion of subsection (2).
Substitution of long title of Act 116 of 1990 10.
To provide for control measures with a view to promoting the health of the inhabitants of the Republic, and for that purpose to provide for the determination of a national policy for health, for the establishment of a Health Matters Committee an Administrators Health Council and a Health Policy Council, and for matters connected therewith.
Substitution of section 29 of Act 94 of 1991 11.
Sections l(d), (n) and (m), 9, 16(c) up to and including (h), 19, 21, 23, 24 and 25 shall be deemed to have come into operation on 12 July 1991.
Different dates may be fixed under subsection (1)(a) in respect of different provisions of this Act.
Proclamation R.66 of 12 July 1991 is hereby repealed.
Amendment of section 2 of Act 116 of 1991 12.
Children's Act, 1960 (Act No.
Act (House of Assembly), 1986 (Act No. 98 of 1986), shall be deemed to have been appointed as a probation officer under this Act.
Insertion of section 3A in Act 116 of 1991 13.
3A. (1) Notwithstanding any probation condition imposed by a court, the Director-General may determine and impose further conditions which shall apply in respect of a probationer as part of his probation conditions.
A further condition may include participation in a rehabilitation or other programme as determined in terms of or prescribed under section 84(1) of the Correctional Services Act, 1959 (Act No. 8 of 1959).
A further condition referred to in subsection (2) shall only be imposed with the concurrence of the Commissioner of Correctional Services.
A probationer who feels aggrieved by the imposition of a further condition may in writing object against the imposition of such condition to the Minister.
The Minister may, after considering an objection referred to in subsection (4) and the further information that he may gather in his discretion, revoke or amend the condition concerned, or substitute another condition for that condition.
For the purposes of this section 'further condition' means a condition imposed in terms of subsection (1).
Amendment of section 1 of Act 59 of 1992 14.
"'foster parent' means any person, except a parent of the child concerned, in whose custody a foster child has been placed under Chapter 3 or 6 of the Child Care Act, 1983 (Act No. 74 of 1983), or section 290 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), or a tutor to whom a letter of tutorship has been issued in terms of Chapter IV of the Administration of Estates Act, 1965 (Act No. 66 of 1965);".
Amendment of section 2 of Act 59 of 1992 15.
"(g) a care-dependency grant to a foster parent in respect of a care-dependant child.".
Amendment of Schedule to Act 59 of 1992 16.
The Schedule to the Social Assistance Act, 1992, is hereby amended by the substitution for the words occurring in the third column opposite "Blind Persons Act, 1968" of the following words "Section 2(1)(a) and (b)".
This Act shall be called the Health and Welfare Matters Amendment Act, 1993.
Section 3 shall be deemed to have come into operation on 7 November 1992.
Sections 13,14 and 15 of this Act shall come into operation on the same date as the date on which the Social Assistance Act, 1992 (Act No. 59 of 1992), comes into operation.
<fn>GOV-ZA.14986En.2012-02-10.en.txt</fn>
To amend the Magistrates' Courts Act, 1944, in order to make provision for the establishment and jurisdiction of civil courts for civil divisions and the appointment of senior civil magistrates for the said courts; to create a separate court structure for the adjudication of civil cases; to further regulate the constitution of the Regional Magistrates Appointments Advisory Board; to provide for the establishment of family courts for the adjudication of divorce actions and the appointment of family magistrates for the said courts; to provide that advocates and attorneys may, in certain circumstances, be appointed as judicial officers; to delete or replace certain obsolete expressions; to emend the Afrikaans text; to replace the short title; and to replace the long title; to amend the Black Administration Act, 1927, the Deeds Registries Act, 1937, the Interpretation Act, 1957, the General Law Amendment Act, 1957, the Attorneys Act, 1979, the Small Claims Courts Act, 1984, the Matrimonial Property Act, 1984, the Rules Board for Courts of Law Act, 1985, and the Short Process Courts and Mediation in Certain Civil Cases Act, 1991, in order to effect certain consequential amendments; to amend the Black Administration Act, 1927, Amendment Act, 1929, in order to abolish separate divorce courts for Blacks; to amend the Divorce Act, 1979, in order to provide for certain procedures in connection with divorce actions; to amend the Mediation in Certain Divorce Matters Act, 1987, in order to empower the Minister of Justice to make the provisions thereof applicable to a divorce action adjudicated in a family court; and to provide for matters in connection therewith.
Amendment of section 1 of Act 32 of 1944, as substituted by section 1 of Act 53 of 1970 and amended by section 23 of Act 94 of 1974, section 1 of Act 105 of 1982 and section 2 of Act 34 of 1986 1.
"'judicial officer' means a magistrate, an additional magistrate or an assistant magistrate any holder of an office, whether in a permanent, acting or temporary capacity.
Substitution of section 2 of Act 32 of 1944, as substituted by section 2 of Act 53 of 1970 and amended by section 7 of Act 102 of 1972 and section 2 of Act 34 of 1986 2.
withdraw or vary any notice under this section and abolish any regional, civil or family division or district, subdistrict or other area of jurisdiction and also the court thereof.
Substitution of section 3 of Act 32 of 1944, as amended by section 4 of Act 40 of 1952 3.
The courts, and districts and regional divisions existing immediately before the commencement of this Act section 3 of the Magistrates' Courts Amendment Act, 1993, shall be deemed to have been established under this Act.
All references in any other law to magistrate's court, magistrates' courts, lower court or lower courts of resident magistrate shall be read as referring to the court or courts concerned, as the case may be, established under this Act.
Amendment of section 4 of Act 32 of 1944, as amended by section 5 of Act 40 of 1952, section 26 of Act 70 of 1968 and section 3 of Act 53 of 1970 4. Section 4 of the principal Act is hereby amended by the substitution in subsection (4) for the expression "messenger of the court" of the expression "sheriff".
Amendment of section 7 of Act 32 of 1944, as substituted by section 1 of Act 25 of 1987 5.
"(1) Subject to the provisions of section 7A and the rules, the records of the court, other than a record with reference to which a direction has been issued under section 153(2) or 154(1) of the Criminal Procedure Act, 1977, or with reference to which the provisions of section 154(2)(a) or 154(3) of that Act apply, shall be accessible to the public under supervision of the clerk of the court at convenient times and upon payment of the fees prescribed from time to time by the Minister in consultation with the Minister of Finance, and for this purpose and for all other purposes the records of any magistrate's court which has at any time existed within the Republic, shall be deemed to be the records of the court of the district in which the place where such court was held is situated, and such records shall be preserved at the seat of magistracy or civil court, as the case may be, of that district for such periods as the Director-General: Justice may from time to time determine: Provided that the said Director-General may order that the records of a court for any regional division regional court, a civil court of a civil division or a family court shall be so preserved at such a place or places within that regional, civil or family division, as the case may be, as he may from time to time determine: Provided further that payment of such fees shall not be required from any person who satisfies the magistrate of the district where the records of the court are preserved, or any judicial officer designated by the said magistrate from among the members of his staff any judicial officer of the court in respect of which the records are desired that he desires access to the records of the court in connection with research for academic purposes.".
Substitution of section 9 of Act 32 of 1944, as substituted by section 2 of Act 8 of 1967 and amended by section 4 of Act 53 of 1970, section 8 of Act 102 of 1972, section 11 of Act 29 of 1974, section 24 of Act 94 of 1974, section 1 of Act 28 of 1981, section 2 of Act 34 of 1986 and section 17 of the Magistrates Act of 1993 6.
for every family division appoint one or more family magistrates. (b) The Minister may, in a particular case or generally and subject to such directions as he may deem fit, delegate the power conferred upon him by paragraph (d) to the Director-General of his Department or another officer of that Department with the rank of director or an equivalent or higher rank, or, in respect of a district situated wholly or partly in a self-governing territory referred to in the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), to any officer of his Department who holds the office of secretary or director of a department of the government of the self-governing territory concerned.
A judicial officer of a district, subdistrict or regional, civil or family division may at the same time also be such a judicial officer of another district, subdistrict or regional, civil or family division, respectively.
The Minister may, with due regard to the circumstances and the extent of judicial functions in a particular district for which a magistrate's court and a civil court have been established, appoint a judicial officer as magistrate, additional magistrate or assistant magistrate and civil magistrate for that district, and in any such case any such person shall possess the powers and jurisdiction and perform the duties connected to both such offices: Provided that a magistrate, additional magistrate or assistant magistrate who presided at criminal proceedings from which a civil action arises in a civil court and in which the same parties are involved, shall not preside in that court in respect of that action unless the parties agree thereto.
do hereby swear/solemnly and sincerely affirm and declare that whenever I may be called upon to perform the functions of a judicial officer in any court, I will administer justice to all persons alike without fear, favour or prejudice and, as the circumstances of any particular case may require, in accordance with the law and customs of the Republic of South Africa.
Any such oath or affirmation shall be taken or made in open court before the most senior available judicial officer of the court concerned or a justice of the peace, who shall at the foot thereof endorse a statement of the fact that it was taken or made before him and of the date on which it was so taken or made and append his signature thereto.
Whenever by reason of absence or incapacity a judicial officer is unable to carry out the functions of his office or whenever such office becomes vacant, the Minister or an officer of the Department of Justice authorized thereto in writing by the Minister, may appoint any other competent officer of the public service or any competent retired officer of the public service to act in the place of the absent or incapacitated judicial officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that no person shall be appointed as an acting regional, senior civil or family magistrate unless he has satisfied all the requirements for the degree referred to in section 10(b) or has passed an examination referred to in that section.
The Minister or an officer of the Department of Justice authorized thereto in writing by the Minister, may appoint temporarily any person to act, subject to such conditions or restrictions as the Minister or such officer may determine, either generally or in a particular matter, as judicial officer of a district, subdistrict or regional, civil or family division, as the case may be, in addition to any other judicial officer or acting judicial officer of any such district, subdistrict or regional, civil or family division.
The provisions of section 9quat(2) and (4) shall mutatis mutandis apply to any person appointed under subsection (3) or (4): Provided that the provisions of section 9quat(4) shall not apply to any such person who is subject to the laws governing the public service.
Amendment of section 9bis of Act 32 of 1944, as inserted by section 2 of Act 48 of 1965 and amended by section 5 of Act 53 of 1970 and section 2 of Act 28 of 1981 7.
(1) The Minister of Justice shall establish a board, to be known as the Regional Divisions Magistrates Appointments Advisory Board, to determine from time to time the suitability of magistrates persons for appointment as regional magistrates of regional divisions and to advise the Minister concerned as to the suitability of such magistrates persons for appointment as regional magistrates of regional divisions.
one advocate and one attorney nominated by the General Council of the Bar of South Africa and the Association of Law Societies of the Republic of South Africa, respectively.
Half A majority of the members of the board referred to in subsection (1) shall form a quorum for a meeting of the board.
The board referred to in subsection (1) shall designate one of the members as the vice-chairman thereof, and if the chairman of the board is absent from any meeting, the vice-chairman of the board shall preside at that meeting, and if both the chairman and the vice-chairman of the board are absent from any meeting, one of the members present thereat and previously designated thereto by the chairman shall preside at such meeting.
Insertion of sections 9ter and 9quat in Act 32 of 1944 8.
9ter. (1) The Minister shall establish a board, to be known as the Senior Civil and Family Magistrates Appointments Advisory Board, to determine from time to time the suitability of persons for appointment as senior civil and family magistrates and to advise the Minister as to the suitability of such persons for appointment as senior civil and family magistrates.
The board referred to in subsection (1) shall designate one of the members as the vice-chairman thereof.
(5)(a) For the purposes of the initial functioning of the board referred to in subsection (1), the board shall consist of the members referred to in subsection (2)(a) to (c), inclusive, and (e), as well as six judicial officers appointed by the Minister for a period not exceeding two years.
The Minister may at any time before the expiry of the period for which a judicial officer has been appointed in terms of paragraph (a), appoint a senior civil or family magistrate or another judicial officer in the place of the first-mentioned judicial officer.
9quat.
in any vacancy in such district or civil or family division, as the case may be, so appoint such advocate or attorney for such period as the Minister may determine, from persons whose names have been submitted for that purpose by the board referred to in section 9ter(1), after consultation with the General Council of the Bar of South Africa and the Association of Law Societies of the Republic of South Africa.
Any appointment as judicial officer made under subsection (1) shall be deemed to have been made also in respect of any period during which the person appointed is necessarily engaged in connection with the disposal of proceedings in which he has taken part as such judicial officer and which have not been disposed of at the expiry of the period for which he was appointed or, having been disposed of before or after such expiry, are reopened.
The provisions of section 9(2) shall mutatis mutandis apply in relation to a person appointed under subsection (1).
The Minister may, with the concurrence of the Minister of State Expenditure, determine the remuneration and allowances and the method of calculation of such remuneration and allowances payable to a person appointed under subsection (1) for services rendered.
Any person appointed under subsection (1) may resign by notice in writing to the Minister.
The Minister may, on the recommendation of the board referred to in section 9ter(1) revoke the appointment of any person appointed under subsection (1).
Substitution of section 10 of Act 32 of 1944 9.
no person shall be appointed as a regional, senior civil or family magistrate unless he is a magistrate, additional magistrate or civil magistrate or an advocate or attorney who has satisfied all the requirements for the degree of baccalaureus legum of a university in the Republic or has passed the diploma legum examination or an examination deemed by the Magistrates Commission mentioned in paragraph (a) to be equivalent or of a higher standard, and the board referred to in section 9bis(1) or 9ter(1), as the case may be, has advised the Minister that he is suitable for appointment as regional, senior civil or family magistrate, as the case may be: Provided that no person who does not satisfy all the requirements for the degree of baccalareus legum, shall be appointed as a family magistrate.
Substitution of section 11 of Act 32 of 1944 10.
All magistrates, additional magistrates and assistant magistrates judicial officers holding office at the commencement of this Act section 9 of the Magistrates' Courts Amendment Act, 1993, shall be deemed to have been appointed under this Act.
References in any other law to chief magistrates, resident magistrates, magistrates, additional magistrates, civil magistrates or criminal magistrates, shall be read as referring to magistrates judicial officers, as the case may be, appointed under this Act.
All such references to assistant resident magistrates or to assistant magistrates shall be read as referring to assistant magistrates appointed under this Act.
Substitution of section 12 of Act 32 of 1944, as amended by section 9 of Act 40 of 1952 and section 9 of Act 94 of 1974 11.
shall exercise administrative control over and distribute the work among the additional magistrates and assistant magistrates of the district or subdistrict for which he was appointed.
shall possess the powers and perform the duties conferred or imposed upon magistrates by law in so far as he is not expressly prohibited from exercising or performing either by the Minister or by the magistrate of the district.
shall possess the powers and perform the duties conferred or imposed upon civil magistrates by law.
who has been appointed as a family magistrate, shall possess the powers and perform the duties conferred or imposed upon civil, senior civil and family magistrates by law.
shall possess the powers and perform the duties conferred or imposed upon family magistrates by law.
A civil, senior civil and family magistrate shall be subject to the administrative control of a judicial officer designated for that purpose in respect of one or more areas of jurisdiction concerned by the Minister or an officer of the Department of Justice authorized thereto by the Minister in writing, and such judicial officer shall distribute the work among the civil, senior civil and family magistrates, as the case may be, of the area or areas of jurisdiction concerned.
shall possess the powers and perform the duties conferred or imposed upon regional magistrates by law.
A person appointed as judicial officer under section 9(3), shall during the period of his appointment possess the powers and jurisdiction and perform the duties connected with the office in which he is acting.
Any person appointed temporarily under section 9(4) to act as judicial officer of a district, subdistrict or regional, civil or family division shall, during the period of his appointment, and subject to such conditions or restrictions as the Minister or the officer so appointing him may impose, possess the powers and jurisdiction and perform the duties connected with the office in which he is so acting.
Any person appointed as a judicial officer under section 9quat(1), shall during the period of his appointment possess the powers and jurisdiction and perform the duties connected with the office in which he is acting.
Amendment of section 13 of Act 32 of 1944, as amended by section 3 of Act 91 of 1977 12.
"(1) The magistrate of the district in which a magistrate's court, regional court, civil court of a district, civil court of a civil division or family court is situate, shall for every such court appoint such number of clerks of the court and assistant clerks of the court as may be necessary.".
Substitution of section 14 of Act 32 of 1944, as amended by section 10 of Act 40 of 1952, section 28 of Act 70 of 1968, section 6 of Act 53 of 1970, section 12 of Act 29 of 1974, section 3 of Act 28 of 1981 and section 64 of Act 90 of 1986 13.
1(7)(1) A messenger sheriff receiving any process for service or execution from a practitioner or plaintiff by whom there is due and payable to the messenger sheriff any sum of money in respect of services performed more than three months previously in the execution of any duty of his office, and which notwithstanding request has not been paid, may refer such process to the magistrateany judicial officer of the court out of which the process was issued, with particulars of the sum due and payable by the practitioner or plaintiff; and the magistrate judicial officer may, if he is satisfied that a sum is due and payable by the practitioner or plaintiff to the messenger sheriff as aforesaid which notwithstanding request has not been paid by writing under his hand authorize the messenger sheriff to refuse to serve or execute such process until the sum due and payable to the messenger sheriff has been paid.
(8)(2) A magistrate judicial officer granting any such authority shall forthwith transmit a copy thereof to the practitioner or plaintiff concerned and a messenger sheriff receiving any such authority shall forthwith return to the practitioner or plaintiff the process to which such authority refers with an intimation of his refusal to serve or execute the same and of the grounds for such refusal.
If any process referred to in subsection (1) was issued out of any court of a civil or family division, the sheriff may refer it to any judicial officer of any civil court of a district situate within that civil or family division, who may exercise the powers contemplated in that subsection.
Amendment of section 15 of Act 32 of 1944, as amended by section 11 of Act 40 of 1952, section 2 of Act 19 of 1963, section 29 of Act 70 of 1968, section 26 of Act 94 of 1974, section 1 of Act 59 of 1982 and section 64 of Act 90 of 1986 14.
by the substitution in subsection (3) for the expression "deputy messenger of the court" of the expression "deputy sheriff".
Substitution of section 16 of Act 32 of 1944 15.
The messenger sheriff shall receive and cause to be lodged in a prison all persons arrested by such messenger sheriff or committed to his custody.
Substitution of section 17 of Act 32 of 1944, as substituted by section 4 of Act 91 of 1977 16.
The return of a messenger sheriff or of any person authorized to perform any of the functions of a messenger sheriffto any civil process of the court, shall be prima facie evidence of the matters therein stated.
Substitution of section 19 of Act 32 of 1944 17.
Every officer of the court holding office immediately prior to the commencement of this Act section 12 of the Magistrates' Courts Amendment Act, 1993, shall be deemed to be duly appointed under this Act, and shall be invested with power, duties and authority accordingly.
Substitution of section 26 of Act 32 of 1944, as substituted by section 9 of Act 53 of 1970 18.
Except where it is otherwise by law provided, the area of jurisdiction of a court shall be the civil or family division or district, subdistrict or area for which such court is established.
A court established for a district shall have no jurisdiction in a subdistrict or in an area referred to in section 2(h) 2(n).
Nothing in subsection (2) shall affect proceedings pending in the court of a district at the time of the creation establishment of a subdistrict or an area referred to in section 2(h) 2(n).
Amendment of section 27 of Act 32 of 1944 19.
"(b) no person shall, without his own consent, be liable to appear as a party before any periodical court to answer any claim unless he resides nearer to the place where the periodical court is held than to the seat of magistracy the civil court of the district.".
Amendment of section 28 of Act 32 of 1944, as amended by section 12 of Act 40 of 1952 20.
"(c) 'n persoon wie ook al, ten opsigte van enige verrigtings wet in verband staan met 'n aksie of verrigting deur sodanige persoon selfs self in die hof ingestel;".
Amendment of section 29 of Act 32 of 1944, as substituted by section 3 of Act 25 of 1987 21.
(3) The Minister may, in respect of the actions referred to in paragraphs (a), (b) and (d) to (g), inclusive, of subsection (1), from time to time after consultation with the judges president of the Supreme Court of South Africa, by notice in the Gazette determine different amounts for a civil court of a district and a civil division.
In addition to any other jurisdiction conferred upon a family court by this Act or any other law, a family court shall have jurisdiction in respect of any divorce action as defined in section 1 of the Divorce Act, 1979 (Act No. 70 of 1979).
Substitution of section 29A of Act 32 of 1944, as inserted by section 2 of Act 34 of 1986 22.
29A. (1) If a party appeals to a magistrate's the civil court of a district in terms of the provisions of section 12(4) of the Black Administration Act, 1927 (Act No. 38 of 1927), the said court may confirm, alter or set aside the judgment after hearing such evidence as may be tendered by the parties to the dispute, or as may be deemed desirable by the court.
A confirmation, alteration or setting aside in terms of subsection (1), shall be deemed to be a decision of a magistrate's the civil court of a district for the purposes of the provisions of Chapter XI.
Insertion of section 29B in Act 32 of 1944 23.
29B. (1) Except where it is otherwise by law provided, a party or parties to any suit pending in a court of a civil division may, in accordance with the rules, apply to the civil court of the district in which the summons was issued for any interlocutory order, including any order contemplated in section 30, 30bis, 31 or 32 which may emanate from such suit, and that court may grant such order.
Execution in terms of the provisions of Chapter IX of a judgment for the payment of any amount of money or an order for the payment in specified instalments of such an amount, and an administration order, shall in all cases be dealt with by the civil court of the district in which the summons was issued.
The provisions of section 65M in relation to the execution of a judgment for the payment of any amount of money that has been given by a division of the Supreme Court of South Africa, shall mutatis mutandis apply in relation to any such judgment given by any court of a civil division.
Amendment of section 31 of Act 32 of 1944 24.
Section 31 of the principal Act is hereby amended by the substitution in subsection (2) for the expression "messenger" of the expression "sheriff".
Amendment of section 32 of Act 32 of 1944 25.
Section 32 of the principal Act is hereby amended by the substitution in subsection (1) for the expressions "district" and "messenger" of the expressions "area of jurisdiction" and "sheriff", respectively.
Amendment of section 35 of Act 32 of 1944 26.
"(2) An interpleader summons, if issued in the court of the district or division in which the property was attached, may, at the discretion of the court, be remitted for trial to the court in which the judgment was given.".
Amendment of section 45 of Act 32 of 1944 27.
Amendment of section 46 of Act 32 of 1944, as amended by section 5 of Act 19 of 1963, section 28 of Act 94 of 1974, section 2 of Act 56 of 1984 and section 4 of Act 25 of 1987 28.
"(1) Subject to the provisions of the Indian Immigration Law, No. 25 of 1891 of Natal, the A civil court of a district shall have no jurisdiction in matters in which the dissolution of a marriage or separation from bed and board or of goods of married persons is sought."
"A civil court of a district shall have no jurisdiction in matters-".
Insertion of section 46A in Act 32 of 1944 29.
the validity or interpretation of a will or other testamentary document is in question.
Amendment of section 47 of Act 32 of 1944 30.
"magistrate's court" of the expression "civil court".
Amendment of section 50 of Act 32 of 1944, as amended by section 6 of Act 19 of 1963 and section 5 of Act 25 of 1987 31.
"(b) the notice shall state that the applicant objects to the action being tried by the court or any magistrate's other civil court;".
Insertion of section 50A in Act 32 of 1944 32.
50A. (1) Any family court in which a divorce action as defined in section i of the Divorce Act, 1979 (Act No.
on application by a Family Advocate appointed under section 2(1) of the Mediation in Certain Divorce Matters Act, 1987 Act No.
shall, on application of any party, if the other party agrees thereto, suspend the proceedings and order the clerk of the court to refer that action in accordance with the rules to the registrar of the provincial or local division having jurisdiction where the court is held, for enrolment.
Any question as to costs already incurred in the action referred to in subsection (1) shall abide the result of the action.
Amendment of section 51 of Act 32 of 1944, as amended by section 7 of Act 19 of 1963, section 9 of Act 80 of 1964, section 5 of Act 91 of 1977 and section 2 of Act 19 of 1985 33.
by the substitution in paragraph (a) of subsection (2) for the expression "messenger" of the expression "sheriff".
Amendment of section 52 of Act 32 of 1944 34.
of the expression "area of jurisdiction".
Amendment of section 65B of Act 32 of 1944, as inserted by section 2 of Act 63 of 1976 35.
Section 65B of the principal Act is hereby amended by the substitution for the expression "messenger of the court" of the expression "sheriff".
Amendment of section 65D of Act 32 of 1944, as inserted by section 2 of Act 63 of 1976 36.
"(S) The court may, in its discretion, refuse to take account of the periodical payments that a judgment debtor has undertaken to make in terms of a hire-purchase agreement credit transaction as defined in section 1 of the Credit Agreements Act, 1980 (Act No. 75 of 1980), for the purchase of goods which have not been exempted from seizure in terms of section 67 or which cannot, in the opinion of the court, be regarded as the judgment debtor's household requirements.".
Amendment of section 65H of Act 32 of 1944, as inserted by section 2 of Act 63 of 1976 37. Section 65H of the principal Act is hereby amended by the substitution for the expression "messenger of the court" of the expression "sheriff".
Amendment of section 65J of Act 32 of 1944, as inserted by section 2 of Act 63 of 1976 and amended by section 2 of Act 53 of 1983 38.
by the substitution in subsection (3) for the expression "messenger of the court" of the expression "sheriff".
Amendment of section 65L of Act 32 of 1944, as inserted by section 2 of Act 63 of 1976 39. Section 65L of the principal Act is hereby amended by the substitution in paragraph (b) for the expressions "messenger of the court" and "messenger" of the expression "sheriff".".
Amendment of section 66 of Act 32 of 1944, as amended by section 16 of Act 40 of 1952 and section 3 of Act 63 of 1976 40.
"(6) A judgment creditor (whether by virtue of a judgment given in the Supreme Court of South Africa or in a magistrate's civil court) desiring to attach immovable property that is already under attachment (whether made by a deputy sheriff or by a messenger) and in respect of which a sale in execution is not pending, and who has lodged a warrant of execution with the deputy sheriff or messenger of the court, may, after notifying the interested parties, apply to the court for an order to the effect that the property may be sold in terms of his warrant."
by the substitution in subsection (8) for the expressions "messenger of the court" and "messenger" wherever the latter occurs of the expression "sheriff".
Amendment of section 68 of Act 32 of 1944 41.
"messenger" wherever it occurs of the expression "sheriff".
Amendment of section 70 of Act 32 of 1944 42.
Section 70 of the principal Act is hereby amended by the substitution for the expression "messenger" of the expression "sheriff".
Amendment of section 71 of Act 32 of 1944 43.
Section 71 of the principal Act is hereby amended by the substitution for the expression "messenger" of the expression "sheriff".
Substitution of section 71A of Act 32 of 1944, as inserted by section 16 of Act 53 of 1970 44.
71A. (1) Any movable property in the custody of the messenger sheriff or any other person acting on his behalf in respect of which attachment has been withdrawn or which is released from attachment and in respect of which the owner or person from whose possession the property has been removed, cannot be traced, and which cannot be disposed of in terms of this Act, shall be sold by the messenger sheriff by public auction, and the proceeds of the sale shall, after deduction of the messenger's sheriff's costs, be paid into the Consolidated State Revenue Fund: Provided that such sale shall not take place unless such property has remained unclaimed for a period of fourteen days after the messenger sheriff has published, in one English and one Afrikaans newspaper circulating in the district where the last known address of the judgment debtor is situate, a notice containing the name of the judgment debtor and a description of the property and stating the intention to sell such property if it is not claimed within the period specified therein.
After the public auction referred to in subsection (1), the messenger sheriff shall draw up a vendue roll as if the sale was a sale in execution of property and shall attach the roll to his return in respect of the relevant process of the court in the case together with proof that the proceeds of the sale have been paid into the Consolidated State Revenue Fund.
The proceeds of a sale paid into the Consolidated State Revenue Fund in terms of this section, shall be refunded out of accruing revenue to any person who satisfies a judicial officer civil magistrate of the district in which the sale took place that he would have been entitled to receive the property referred to in this section after the attachment thereof had been withdrawn or the property had been released from attachment.
Amendment of section 72 of Act 32 of 1944, as substituted by section 4 of Act 63 of 1976 45.
Section 72 of the principal Act is hereby amended by the substitution in subsection (1) for the expressions "district" and "magistrate's court" of the expressions "area of jurisdiction of the court" and "civil court", respectively.
Amendment of section 74 of Act 32 of 1944, as substituted by section 6 of Act 63 of 1976 and amended by section 6 of Act 19 of 1985 and section 8 of Act 25 of 1987 46.
"such court or the court of the district in which the debtor resides or carries on business or is employed may, upon application by the debtor or under section 651, subject to such conditions as the court may deem fit with regard to security, preservation or disposal of assets, realization of movables subject to hypothec (except movables referred to in section 34bis of the Land Bank Act, 1944 (Act No. 13 of 1944), or otherwise, make an order (in this Act called an administration order) providing for the administration of his estate and for the payment of his debts in instalments or otherwise.".
Amendment of section 74A of Act 32 of 1944, as inserted by section 6 of Act 63 of 1976 47.
"(g) full particulars, supported as far as possible by a statement and a copy of the agreement referred tocredit transaction defined in section 9(1) 1 of the Hire-Purchase Act, 1942 (Act No. 36 of 1942) Credit Agreements Act, 1980 (Act No.
genoemde staat te voltooi.
Amendment of section 74C of Act 32 of 1944, as inserted by section 6 of Act 63 of 1976 48.
"Provided that no such asset that is the subject of any agreement credit transaction regulated by the Hire-Purchase Act, 1942 (Act No. 36 of 1942) Credit Agreements Act, 1980 (Act No.
Credit Agreements Act, 1980" and "transaction", respectively.
Amendment of section 74G of Act 32 of 1944, as inserted by section 6 of Act 63 of 1976 49.
"(7) If any person who sold and delivered goods to the debtor under hire-purchase agreement credit transaction as defined in section 1 of the Hire-Purchase Act, 1942 (Act No. 36 of 1942) Credit Agreements Act, 1980 (Act No. 75 of 1980), before the administration order was granted, is entitled or becomes entitled, by reason of the debtor's failure to fulfil any obligation under such agreement transaction, to demand immediate payment of the sum of the purchase price then still owing, and if such person advises the administrator in writing that he elects so to do, such agreement transaction shall be deemed to create a hypothec on the goods in favour of the seller whereby the amount still owing to him in terms of the agreement transaction is secured, and any term or condition of the agreement transaction with regard to the seller's right to dissolve or terminate such agreement transaction or his right to the return of the goods to which the agreement transaction relates shall not, in consequence of the debtor's non-compliance with any term or condition thereof, notwithstanding anything to the contrary in any law contained, be enforceable.".
Amendment of section 74H of Act 32 of 1944, as inserted by section 6 of Act 63 of 1976 50.
Hire-Purchase Act, 1942 (Act No.
Act, 1980 (Act No. 75 of 1980), and is desirous of providing proof of debt.
Amendment of section 74I of Act 32 of 1944, as inserted by section 6 of Act 63 of 1976 and amended by section 4 of Act 28 of 1981 51. Section 74I of the principal Act is hereby amended by the substitution in subsection (4) for the expression "messenger of the court" of the expression "sheriff".
Amendment of section 74J of Act 32 of 1944, as inserted by section 6 of Act 63 of 1976 52.
Conveyancers Admission Act, 1934 (Act No.
Act, 1979 (Act No. 53 of 1979).
Substitution of section 74K of Act 32 of 1944, as inserted by section 6 of Act 63 of 1976 53.
74K. (1) An administrator may, if authorized thereto by the court, subject to the provisions of subsection (2), realize any asset of the estate under administration, and in granting any such authorization the court may impose any such conditions as it may deem fit.
An asset mentioned in subsection (1) which is the subject of any credit transaction regulated by the Credit Agreements Act, 1980 (Act No. 75 of 1980), shall not be realized except with the written permission of the seller.
If the credit grantor as defined in section 1 of the Credit Agreements Act, 1980, is obliged to pay to the debtor an amount in terms of section 15 of the said Act, that amount shall be paid to the administrator for pro rata distribution among the creditors.
Whenever the court authorizes any administrator to realize any asset, the court may amend the payments to be made in terms of the administration order accordingly.
Amendment of section 74L of Act 32 of 1944, as inserted by section 6 of Act 63 of 1976 54.
Section 74L of the principal Act is hereby amended by the substitution in subsection (2) for the expression "judicial officer" of the expression "civil magistrate".
Amendment of section 74S of Act 32 of 1944, as inserted by section 6 of Act 63 of 1976 55.
"(2) The provisions of the Criminal Procedure Act, l955 (Act No. 56 of 1955) 1977 (Act No. 51 of 1977), with regard to periodical imprisonment shall mutatis mutandis apply to periodical imprisonment imposed in terms of subsection (1).".
Amendment of section 80 of Act 32 of 1944 56.
"(1) The stamps, fees, costs and charges in connection with any civil proceedings in magistrates' civil courts shall, as between party and party, be payable in accordance with the scales prescribed by the rules.".
Amendment of section 81 of Act 32 of 1944 57.
Section 81 of the principal Act is hereby amended by the substitution for the expression "district" of the expression "court".
Substitution of section 89 of Act 32 of 1944, as substituted by section 1 of Act 75 of 1959 and amended by section 7 of Act 91 of 1977 and section 17 of Act 107 of 1990 58.
The magistrate's court, other than the court of a regional division, shall have jurisdiction over all offences except treason, murder and rape.
The regional court of a regional division shall have jurisdiction over all offences except treason.
Amendment of section 90 of Act 32 of 1944, as substituted by section 20 of Act 40 of 1952 and amended by section 2 of Act 75 of 1959, section 3 of Act 17 of 1969 and section 8 of Act 91 of 1977 59.
"(8) Where an accused is alleged to have committed various offences within different districts within the area of jurisdiction of any attorney-general, the attorney-general concerned may in writing direct that criminal proceedings in respect of such various offences be commenced in the court of any particular district magistrate's court within his area of jurisdiction, whereupon such court shall have jurisdiction to act with regard to any such offence as if such offence had been committed within the area of jurisdiction of that court, and the court of the regional division regional court within whose area of jurisdiction the court of such district such magistrate's court is situated, shall likewise have jurisdiction in respect of any such offence if such offence is an offence which may be tried by the court of a regional division a regional court.".
Substitution of section 91 of Act 32 of 1944 60.
(a) The court of the district within which an area is situate for which a periodical court has been established, shall retain concurrent jurisdiction with the periodical court within such portion of that area as is situate within such district.
No person shall, without his consent, be liable to appear as an accused before any periodical court unless he resides nearer to the place where the periodical court is held than to the seat of magistracy of the district.
A criminal case that has been instituted in a periodical court may, subject to the provisions of subsection (1) (b), in the discretion of the court be transferred to the court of the district and vice versa.
Amendment of section 92 of Act 32 of 1944, as substituted by section 30 of Act 94 of 1974 and amended by section 9 of Act 91 of 1977, section 1 of Act 109 of 1984 and section 9 of Act 25 of 1987 61.
(2) (a) The magistrate's court shall have jurisdiction to impose any punishment prescribed in respect of an offence under an ordinance of a province or the territory any law which relates to vehicles and the regulation of traffic on public roads, notwithstanding that such punishment exceeds the jurisdiction referred to in subsection (1).
Where a person is convicted of culpable homicide arising out of the driving of a vehicle as defined in any applicable ordinance law referred to in paragraph (a), the magistrate's court shall have jurisdiction to impose any punishment which the court may impose under that paragraph in respect of the offence of driving a vehicle recklessly on a public road.
Amendment of section 93ter of Act 32 of 1944, as inserted by section 3 of Act 14 of 1954 and amended by section 2 of Act 16 of 1959, section 10 of Act 91 of 1977 and section 1 of Act 118 of 1991 62. Section 93ter of the principal Act is hereby amended by the substitution in subsection (1) for the expression "the court of a regional division" of the expression "any regional court".
Amendment of section 107 of Act 32 of 1944, as substituted by section 12 of Act 19 of 1985 63.
"messenger" of the expression "sheriff".
Amendment of section 108 of Act 32 of 1944, as amended by section 23 of Act 19 of 1963 and section 13 of Act 19 of 1985 64. Section 108 of the principal Act is hereby amended by the substitution in subsection (1) for the expression "messenger" of the expression "sheriff".
Amendment of section 109 of Act 32 of 1944, as substituted by section 9 of Act 63 of 1976 65.
"(7) The provisions of the Criminal Procedure Act, 1955 (Act No. 56 of 1955) 1977 (Act No. 51 of 1977), relating to periodical imprisonment shall, mutatis mutandis, apply to periodical imprisonment imposed in terms of this section.".
Substitution of section 110 of Act 32 of 1944, as substituted by section 20 of Act 53 of 1970 66.
No magistrate's court shall be competent to pronounce upon the validity of a provincial ordinance or an ordinance of the Legislative Assembly of the territory or of a statutory proclamation of the State President or of the Administrator of the territory, and every such court shall assume that every such ordinance or proclamation is valid; but every such court shall be competent to pronounce upon the validity of any statutory regulation, order or bye-law.
Amendment of section 114 of Act 32 of 1944, as amended by section 9 of Act 16 of 1959 and section 12 of Act 91 of 1977 67.
by the deletion of subsections (3) and (4).
Repeal of section 115 of Act 32 of 1944 68. Section 115 of the principal Act is hereby repealed.
Repeal of section 115A of Act 32 of 1944, as inserted by section 21 of Act 53 of 1970 and amended by section 13 of Act 91 of 1977 69. Section 115A of the principal Act is hereby repealed.
No provision of this Act shall affect any civil matter pending at the commencement of the provision concerned, and such matter shall be continued and concluded in every respect as if this Act had not been passed.
A civil matter shall, for the purposes of this section, be deemed to be pending if, at the commencement of the provision concerned of this Act, summons had been issued but judgment had not been given, and to be concluded when judgment is given.
Any divorce court established under section 10 of the Black Administration Act, 1927, Amendment Act, 1929 (Act No. 9 of 1929), shall, notwithstanding the repeal of that section by section 74, for all purposes be deemed to be a family court established under section 2(k) of the Lower Courts Act, 1944 (Act No. 32 of 1944), and the area of jurisdiction of the first-mentioned court shall be deemed, subject to any amendment thereto, to constitute a family division established under section 2(d) of the last-mentioned Act.
immediately before the commencement of this section, shall, notwithstanding the repeal of section 10 mentioned in that subsection by section 74, remain in force until it is repealed or amended by any rule applicable under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), to divorce actions.
Any president of a divorce court referred to in subsection (1) shall for all purposes be deemed to be a family magistrate who has been appointed under section 9(1)(a)(v) of the Lower Courts Act, 1944.
Any divorce action pending in the Supreme Court or a divorce court referred to in subsection (1) immediately before the commencement of section 21(b) and this section, shall be continued and concluded as if this Act had not been passed.
For the purposes of this section any divorce action shall be deemed to be pending if a summons has been issued or the notice of motion has been lodged or the notice has been delivered in terms of the rules of court, as the case may be, but no judgment has been given, and it shall be deemed to have been concluded if judgment has been given.
Substitution of section 117 of Act 32 of 1944, as amended by section 7 of Act 68 of 1957 72.
This Act may be cited for all purposes as the Magistrates' Lower Courts Act, 1944, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.
Substitution of long title of Act 32 of 1944 73.
To consolidate and amend the law relating to Magistrates' Lower Courts.
The laws mentioned in the Schedule are hereby repealed or amended in so far as indicated in the third column thereof.
This Act shall be called the Magistrates' Courts Amendment Act, 1993, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
Different dates may be so fixed in respect of- (a) different provisions of this Act; and (b) different areas in the Republic.
1927 Act, 1927 substitution in subsection (4) for the expression "magistrate's court" wherever it occurs of the expression "civil court of a district".
Act No. 9 of Black Administration Repeal of section 10.
"'court' or 'the court' means the provincial or local division of the Supreme Court having jurisdiction or any judge thereof and, in section 45bis, includes a family court established under section 2(k) of the Lower Courts Act, 1944 (Act No. 32 of 1944), or any family magistrate of such court;".
"'district' means the area subject to the jurisdiction of the court of any magistrate a magistrate's court;".
"Provided that such a candidate attorney shall not be entitled to appear in a court of a regional division regional court, civil court of a civil division or family court established under section 2 of the Magistrates' Courts Lower Courts Act, 1944 (Act No. 32 of 1944), or a Divorce Court established under section 10 of the Black Administration Act, 1927, Amendment Act, 1929 (Act No. 9 of 1929), unless he was so admitted as an advocate or is entitled to be so admitted and-".
"(a) the practice and procedure in the Supreme Court and in magistrates' courts established under the Magistrates' Courts Lower Courts Act, 1944 (Act No. 32 of 1944);".
Amendment of the said Act by the substitution for the expression "Magistrates' Courts Act" wherever it occurs in the said Act of the expression "Lower Courts Act".
" 'Family Advocate' means any Family Advocate appointed under section 2(1) of the Mediation in Certain Divorce Matters Act, 1987 (Act No.
'court' means the provincial or local division of the Supreme Court of South Africa, or a divorce court established under section 10 of the Black Administration Act, 1927, Amendment Act, 1929 (Act No.
family court established under section 2(k) of the Lower Courts Act, 1944 (Act No.
Subject to the rules of court in relation to divorce actions, any divorce action which is pending in the Supreme Court may at any stage of the proceedings be referred to a family court established under section 2(k) of the Lower Courts Act, 1944 (Act No. 32 of 1944), having jurisdiction if the court may deem it desirable, and the court may, in respect of such proceedings, make such order for costs as it may deem fit.
"'district' means a district created established under section 2(1)(a) 2(a) of the Magistrates' Lower Courts Act, 1944 (Act No. 32 of 1944);".
by the substitution for the expression "magistrate's court" wherever it occurs in the said Act of the expression "civil court".
"'court' means a provincial or local division of the Supreme Court of South Africa or a divorce court instituted under section 10 of the Black Administration Act, 1927, Amendment Act, 1929 (Act No. 9 of 1929) family court established under section 2(k) of the Lower Courts Act, 1944 (Act No. 32 of 1944), and includes, for the purposes of section 16, a judge in chambers, and, for the purposes of section 16(1), a magistrate's lower court which has jurisdiction in the matter concerned.".
or (k) of the Magis-trates' Lower Courts Act, 1944 (Act No.
1A. (1) Subject to the provisions of subsection (2), the provisions of this Act shall not be applicable to divorce actions adjudicated in a family court established under section 2(k) of the Lower Courts Act, 1944 (Act No. 32 of 1944).
and specified in such notice.
"(2) No regulations may be made under subsection (1)(c) or (d) except with the concurrence of the Minister of Finance State Expenditure.".
"'district' means a district established under section 2(1)(a) 2(a) of the Magistrates' Lower Courts Act, 1944 (Act No.
"'civil court' means a civil court of a district established under section 2(i) of the Lower Courts Act, 1944 (Act No. 32 of 1944);".
by the substitution for the expression "Magistrates' Courts Act" wherever it occurs in the said Act of the expression "Lower Courts Act".
"If the adjudication of an action instituted in the magistrate's civil court is proceeded with in a court under the proviso to paragraph (b) of subsection (1), the record of the proceedings of the magistrate's civil court shall form part of the record of that court:".
<fn>GOV-ZA.14988En.2012-02-10.en.txt</fn>
To amend the Insolvency Act, 1936, so as to further regulate the particulars to be furnished in an application for sequestration; to provide for further notices to officers charged with the registration of title to immovable property and for the registration of such notices; to regulate the expiration of certain caveats; to place obligations on a trustee with regard to the transmission of particulars in respect of the insolvent and his spouse to certain officers; to authorize a trustee, with the consent of the Master of the Supreme Court, to cause a caveat to be registered; to further regulate the registration of transactions in respect of immovable property after the expiry of caveats; to provide for the recovery of the value of immovable property disposed of unlawfully; and to amplify the particulars to be furnished in a statement of affairs; to amend the Deeds Registries Act, 1937, so as to authorize the Registrar of Deeds to destroy records relating to a caveat which has expired; to amend the Matrimonial Property Act, 1984, so as to further regulate an application for the sequestration of a joint estate; and to provide for matters connected therewith.
Amendment of section 9 of Act 24 of 1936, as amended by section 6 of Act 16 of 1943 and section 2 of Act 99 of 1965 1.
the debtor's act of insolvency upon which the petition is based or otherwise allege that the debtor is in fact insolvent.
Master given not more than ten days before the date of such petition that sufficient security has been given for the payment of all fees and charges necessary for the prosecution of all sequestration proceedings and of all costs of administering the estate until a trustee has been appointed, or if no trustee is appointed, of all fees and charges necessary for the discharge of the estate from sequestration.
shall also be set out in the heading to the petition, and if the creditor is unable to set out all such particulars he shall state the reason why he is unable to do so.
In issuing a sequestration order the registrar shall reflect any of the said particulars that appear in the heading to the petition on such order.
Amendment of section 17 of Act 24 of 1936, as amended by section 10 of Act 16 of 1943 and section 1 of Act 57 of 1951 2.
"(2) Every officer who has received an order transmitted to him in terms of subsection (1), or a certificate and a copy of an order transmitted to him in terms of section 18A, shall register it each such order, certificate or copy and note thereon the day and hour when it was received in his office."
of paragraph (b) of subsection (1) of a sequestration order, or of a certificate and a copy of an order referred to in section 18A, he shall, if he has not yet entered such a caveat, enter a caveat against the transfer of all immovable property or the cancellation or cession of any bond registered in the name of or belonging to the insolvent or to his or her spouse, and if the sequestration order or the certificate referred to in section 18A contains the name of the spouse of the insolvent, he shall in like manner enter a caveat in respect of such spouse.
A caveat contemplated in this subsection, whether it was entered before or after the commencement of the Insolvency Amendment Act, 1993, shall expire ten years after the date of the sequestration order in question, or six months after the commencement of the said Act, whichever date is the later.
Insertion of sections 18A and 18B in Act 24 of 1936 3.
18A. Any person appointed as provisional trustee after the commencement of the Insolvency Amendment Act, 1993, or if no provisional trustee has been appointed, or if the provisional trustee has failed to perform the duties mentioned below, a trustee appointed after the said commencement shall as soon as possible after his appointment determine whether the particulars referred to in section 9(3)(a)(i) and (ii) are correctly reflected in the sequestration order, and if any of such particulars are not so reflected or are incorrectly reflected he shall forthwith take all reasonable steps to obtain the correct particulars and shall transmit a certificate containing such particulars, a copy of the sequestration order and of his appointment to every officer charged with the registration of title to any immovable property in the Republic and to the Master.
Republic, in respect of immovable property or a bond registered in the name of the insolvent or of his spouse contemplated in section 21(13), cause a caveat to be entered against the transfer of the immovable property or the cancellation or cession of the bond referred to in the notice.
The notice referred to in subsection (1) shall be accompanied by the written consent of the Master contemplated in that subsection and shall identify sufficiently the person in respect of whom and the property or bond in respect of which the caveat is to be entered so as to enable the officer charged with the registration to enter the caveat as contemplated in the said subsection.
The caveat shall remain in force until the date indicated by the Master in his consent.
Amendment of section 25 of Act 24 of 1936, as amended by section 2 of Act 6 of 1972 4.
"(1) The estate of an insolvent shall remain vested in the trustee until the insolvent is reinvested therewith pursuant to a composition as in section 119 provided, or until the rehabilitation of the insolvent in terms of section 127 or 127A: Provided that, subject to the provisions of subsection (3), any property which immediately before the rehabilitation is vested in the trustee shall remain vested in him after the rehabilitation for the purposes of realization and distribution."
(3) After the expiry of every caveat entered in terms of section 17(3), 18B or 127A in respect of the property of an insolvent any act of registration in respect of such property brought about by him shall be valid in spite of the fact that the property formed part of his insolvent estate.
from any person who acquired such property or right from the insolvent or former insolvent without giving sufficient value in return, in which case the amount so recovered shall be the difference between the value of the property or right and any value given in return.
Amendment of section 32 of Act 24 of 1936 5.
(1) (a) Proceedings to recover the value of property or a right in terms of section 25(4), to set aside any disposition of property under section 26, 29, 30 or 31, or for the recovery of compensation or a penalty under section 31, may be taken by the trustee.
If the trustee fails to take any such proceedings they may be taken by any creditor in the name of the trustee upon his indemnifying the trustee against all costs thereof.
Amendment of section 104 of Act 24 of 1936 6.
"(3) If any creditor has under subsection (1) of section 32 taken proceedings to recover the value of property or a right under section 25(4), to set aside any disposition of or dealing with property under section 26,29, 30 or 31 or for the recovery of damages or a penalty under section 31, no creditor who was not a party to the proceedings shall derive any benefit from any moneys or from the proceeds of any property recovered as a result of such proceedings before the claim and costs of every creditor who was a party to such proceedings have been paid in full.".
Substitution of section 127A of Act 24 of 1936, as inserted by section 6 of Act 6 of 1972 7.
127A. (1) Any insolvent not rehabilitated by the court within a period of ten years from the date of sequestration of his estate, shall be deemed to be rehabilitated after the expiry of that period unless a court upon application by an interested person after notice to the insolvent orders otherwise prior to the expiration of the said period of ten years or before the 31st December, 1972, whichever date is the later.
If a court issues an order contemplated in subsection (1), the registrar shall transmit a copy of the order to every officer charged with the registration of title to any immovable property in the Republic.
Upon receipt of the order by such officer he shall enter a caveat against the transfer of all immovable property or the cancellation or cession of any bond registered in the name of or belonging to the insolvent.
The caveat shall remain in force until the date upon which the insolvent is rehabilitated.
Amendment of First Schedule to Act 24 of 1936 8.
Amendment of section 3 of Act 47 of 1937, as substituted by section 2 of Act 87 of 1965 and amended by section 1 of Act 41 of 1977, section 1 of Act 92 of 1978, section 1 of Act 44 of 1980, section 3 of Act 27 of 1982 and section 28 of Act 88 of 1984 9. Section 3 of the Deeds Registries Act, 1937 (Act No.
"(a) take charge of and, except as provided in subsection (2) or (3), preserve or cause to be preserved all records which were prior to the commencement of this Act, or may become after such commencement, records of any deeds registry in respect of which he has been appointed: Provided that the registrar may destroy or otherwise dispose of any record as prescribed which has been cancelled in terms of this subsection or any record in connection with a caveat that has expired in terms of section 17(3), 18B or 127A of the Insolvency Act, 1936 (Act No. 24 of 1936);".
Amendment of section 58 of Act 47 of 1937, as substituted by section 17 of Act 27 of 1982 10. Section 58 of the Deeds Registries Act, 1937 (Act No.
"(1) Immovable property which has vested in a trustee in accordance with the law relating to insolvency and which has not in terms of that law been re-vested in the insolvent may, subject to the provisions of section 25(3) of the Insolvency Act, 1936 (Act No. 24 of 1936), whether before or after rehabilitation of the insolvent, be transferred only by the trustee, and may not after such rehabilitation be transferred, mortgaged or otherwise dealt with by the insolvent until it has been transferred to him by the trustee: Provided that if after rehabilitation the trustee has been discharged or there is no trustee in existence, the Master shall, if satisfied that the rehabilitated insolvent is entitled to the property, give him transfer thereof in such manner as may be prescribed."
"(2) If by virtue of the provisions of the law relating to insolvency an insolvent has been re-vested with the ownership of any property, such property may not, subject to the provisions of section 25(3) of the Insolvency Act, 1936 (Act No. 24 of 1936), be transferred, mortgaged or otherwise dealt with by the insolvent until an endorsement that the property has been restored to him, has been made by the registrar on the title deed of the property.".
Amendment of section 17 of Act 88 of 1984 11. Section 17 of the Matrimonial Property Act, 1984 (Act No.
(4) (a) An application for the surrender of a joint estate shall be made by both spouses.
an An application for the sequestration of a joint estate shall be made against both spouses: Provided that no application for the sequestration of the estate of a debtor shall be dismissed on the ground that such debtor's estate is a joint estate if the applicant satisfies the court that despite reasonable steps taken by him he was unable to establish whether the debtor is married in community of property or the name and address of the spouse of the debtor.
This Act shall be called the Insolvency Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.14995En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.14997En.2012-02-10.en.txt</fn>
What is the Khanya Project , Achievements , For More Information &nbsp;&gt;&nbsp?
<fn>GOV-ZA.14998En.2012-02-10.en.txt</fn>
Certain Canadian provinces have linked up with South African Provinces to develop the provincial governments' governance capacity and improve government systems and processes. Senior staff from each country work together in a supportive manner on a practitioner to practioner basis.
<fn>GOV-ZA.149AcceleratingServiceDeliveryThroughCollectiveActionEn.2012-02-10.en.txt</fn>
Acting Minister Nathi in Eastern Cape on Mandela Day.
Minister Nathi Mthethwa with thembeka Pama launching Clean Cities.
Allow me, in the first place, to say how pleased and honoured I am to be here. I convey, too, the very good wishes of Minister Sicelo Shiceka. Both of us want to stress that we think IMFO is a very important partner of ours, and we hope that you will have a very successful and rewarding Conference.
I thank you too for asking me to speak on the issues of service delivery. This topic has to preoccupy all of us, not just government and IMFO. We're all in this together. That's really my main point today. And that's the main point of the LGTAS (Local Government Turnaround Strategy). If we together effectively implement the LGTAS, we will go a long way to improving service delivery and development. And if we improve service delivery and development, we will also be strengthening the LGTAS.
While I will speak about service delivery by government in general, my main emphasis will be on service delivery by local government, as this is an IMFO (Institute of Municipal Finance Officers) Conference and because this is the main concern of the Department of Cooperative Government and Traditional Affairs (CoGTA). Clearly, it would not do to speak of service delivery without linking it to development. To ensure significant improvements, service delivery programmes must be part of the IDPs (Integrated Development Plans). Moreover, we are committed to building a developmental state, and this is not possible without significant improvements in service delivery.  So I will often speak about both service delivery and development together - and for the sake of simplicity and to save time not necessarily rigorously.
The scale of the service delivery challenges at municipal level has been set out in the LGTAS.  Only 54% of the country's population has access to all the 4 basic services of water, sanitation, electricity and refuse removal. This ranges from 88% of the people in the Western Cape to 15% of Limpopo.
Obviously, the responsibility to improve service delivery in these 4 areas and in respect of the other functions of municipalities does not reside with local government alone, and has to involve provincial and national government as well.
Clearly, we have to accelerate service delivery. We have no choice. For, as much as we have made significant progress since 1994, we have simply not done enough. And the people, who are the ultimate judges, have announced their verdict repeatedly through the constant service delivery protests and in other ways. Of course, it is government as a whole, all three spheres, that is being accosted by the people, but it is local government that is being most directly confronted. That is understandable, given that people have most direct access to local government.
But it would be wrong to think that local government alone is responsible for service delivery failures. Yes, local government councilors and administrators must take their fair share of blame for the failures. But so too must politicians and administrators in the provincial and national government spheres.  In fact, the service delivery and other community protests reflect the failures of cooperative governance as a whole, not just local government. In any case, many of the issues that the protesting communities raise are not primarily the responsibilities of local government, such as housing, jobs, crime and education, but are provincial and national government functions.
However, it is not government alone that is responsible for the service delivery inadequacies. The people too are. We are a developing democracy. We are a developmental state. In our context, the state is nothing without the people. And we simply will not be able to deliver effectively without the active participation of the people in governance, especially in the local government sphere. In fact, the legal definition of a municipality is that it comprises not just the councilors and administrators but the residents as well. This means that the residents of a municipality have certain rights but they also have responsibilities. And while residents must claim their rights, they must also fulfill their responsibilities.  Their key responsibility is to play a role in their governance.
How many residents are active in Ward Committees or School Governing Bodies or Community Policing Forums How many residents attend public meetings of the municipality How many residents respond to requests from municipalities for comments on draft policies?
Of course, many municipalities do not encourage public participation. Some even fear it. Most municipalities do not allocate resources to ensure effective public participation. But then people should demand their right to participate. That right is in the law. And that right was won by ordinary people through titanic struggles before 1994.
While it is true that municipalities are mainly to blame for the poor public participation, residents must take their fair share of blame too.
Government and the state as a whole often delivers in a top-down bureaucratic manner, with people being passive by-standers, instead of taking a measure of responsibility for delivery. This has served to demobilize people and encourage a sense of dependency on the state.
And when people mobilize, they do so not so much to gain access to the state and also take some responsibility for ensuring service delivery and development, but to make demands of the state. It is partly this approach that is reflected in the burning down of schools, clinics, libraries and halls during protests, even if the frustrations of people are understandable, and their rage difficult to control. In a significant sense, it reflects people making demands of the state without assuming a measure of responsibility. Sometimes it may be that it is easier to destroy a building than painstakingly take part in Ward Committees and other structures of public participation to get what you want.
This cannot be the basis of a vibrant, effective developmental democracy. The state has to do more to create space for ordinary people to become more active in service delivery and development. And the people have to wage the necessary struggles to ensure that they create their own space too.
As part of the process of encouraging greater public participation, we are to strengthen Ward Committees. The Department of Cooperative Governance and Traditional Affairs (CoGTA) is engaging with other Departments and other stakeholders to secure consensus on key proposals in this regard.
Expanding the Ward Committees and ensuring that they represent a greater diversity of civil society interests.
Ensuring that proposals of Ward Committees are processed by municipal structures.
Allocation of a CDW (Community Development Worker) to each Ward Committee to serve as a CEO of the Ward.
Increasing the material resources allocated to Ward Committees.
Setting up Ward Committee sub-structures in which residents actively participate.
Encouraging Ward Development Plans that are incorporated into IDPs (Integrated Development Plans) and providing for Ward Committees to oversee service delivery and development in a Ward.
Of course, this will not happen overnight. But these and other proposals can be phased in over time, taking into account budgetary and other constraints.
To accelerate service delivery, we have to have clearer targets, more effective monitoring and greater integration and coordination across the spheres of government. Government is very serious about accelerated service delivery. This 5-year term of national and provincial government constitutes the do-or-die years. If we do not significantly improve service delivery and development in this term, government credibility will be severely dented. The President has repeatedly stressed this.
And it's more than just words. By the end of April, the President concluded Performance Agreements with clear targets and time-frames with each of the Ministers. This is very unusual in the way a head of government manages the performance of a cabinet, but it's most welcome. Most Ministers had by the end of September finalized Delivery Agreements with relevant departments and other partners. As CoGTA we finalized our Delivery Agreement on 30 September. Minister  Shiceka signed the Delivery Agreement with the MECs for Cooperative Governance and Traditional Affairs and the MECs signed the Agreement with the Mayors. The South African Local Government Association (SALGA) is, obviously, a crucial partner.
CoGTA's overarching objective - outcome 9 as it's known - is "a responsive, accountable, effective and efficient local government system". This is to be achieved through 7 outputs, each of which is accompanied by indicators and proposed activities.
Implement a differentiated approach to municipal financing, planning and support.
Improving Access to Basic Services.
Implementation of the Community Work Programme.
Actions supportive of the human settlement outcomes.
Deepen democracy through a refined Ward Committee model.
Administrative and financial capability.
Single Window of Coordination.
Three of the above outputs deal directly with improving service delivery - improving access to basic services; deepening democracy through a refined Ward Committee model; and creating a single window of coordination. Of course, the other 4 outputs are also relevant.
Through the Performance and Delivery Agreements, the targets are more transparent and can be better monitored. This provides the basis for more effective service delivery and development.
To ensure accelerated service delivery, there has to be better co-ordination. Hence CoGTA will aim to serve as a single window of coordination of the plans, programmes, projects and activities of the national and provincial government departments that relate to local government.
CoGTA is also seeking consensus on several policies and legislation that will provide for greater coordination of the three spheres of government. One proposal is a "Monitoring, Support and Intervention" Bill that will give effect to sections 100 and 139 of the Constitution. Section 100 provides that legislation may be passed to regularize national government intervention in provinces and section 139 provincial government intervention in municipalities.
The Bill would mainly aim to provide a uniform framework for how provincial government should intervene in municipalities. Currently, provincial governments usually intervene when a municipality is teetering on the brink of collapse. The Bill would seek to provide for early warning signals and for provincial intervention in municipalities before they become dysfunctional. The Bill would also provide for more active national government support for provincial governments in their monitoring of, support for and intervention in municipalities. With provincial and national government more directly involved in local government, and with higher levels of cooperation among the three spheres of government, the prospects of accelerating service delivery would be greater.
At least one of the several reasons that service delivery is not adequate is the lack of technical skills. These include planning, project management, engineering, financial and other skills. As mentioned earlier, one of CoGTA's 7 outputs is on administrative and financial capability.
CoGTA is undertaking a major skills audit of municipalities. We have identified six municipal posts to be critical: the Municipal Manager, Planner, Chief Financial Officer, Head of Engineering/Technical Services, Human Resources Manager and Communications Manager. If these posts are not filled by competent, motivated people, service delivery is seriously hampered.
CoGTA is keen to establish minimum qualifications for senior municipal managers and to professionalize municipal administrations. We have introduced the Municipal Systems Amendment Bill to parliament as part of this.
As this is an IMFO Conference, I will focus on the need for more effective financial management skills in municipalities. Clearly, for service delivery to be accelerated, there have to be significant improvements in the financial management of municipalities. IMFO therefore has a crucial role to play in improving service delivery.
CoGTA launched the "Operation Clean Audit" campaign which seeks to ensure that all municipalities get unqualified audits by 2014. We are also encouraging municipalities to establish Municipal Public Accounts Committees. Obviously, these are very challenging goals to achieve and much, much more effort is required to fulfill them. We feel that IMFO could do more to advance these goals, and we urge you to do so.
Establish and maintain effective governance to ensure proper risk management and adequate internal controls.
Maintenance of adequate financial management systems in order to produce accurate and complete financial statements and performance information.
Ensure the timely submission of Annual Financial Statements to the Auditor General and tabling of the annual reports to Councils.
Facilitate the training of municipal managers and other non-financial managers in financial management.
Intensify training on ethics management to ensure officials in local government behave ethically when discharging their official duties.
The CoGTA Delivery Agreement also stresses the need to reduce municipal debt. Much more has to be done to get businesses, government and residents to pay their debts. Government simply must lead in this regard and pay its debt. CoGTA is going to put increasing pressure to ensure this. CoGTA cannot do this alone. Municipalities must also do more to ensure accurate and regular billing. They should also constantly "name and shame" government departments that are not paying debts that are legitimately owed to municipalities and they should more vigorously confront these departments.
development of generic debt-collection by-laws.
The Delivery Agreement also refers to the need to reduce municipal over-spending on operational expenditure and under-spending on capital expenditure, and to increase spending on repairs and maintenance. The Agreement sets out the need to develop and implement differentiated support programmes for municipalities to improve cash flow management in line with national targets.
Clearly, for service delivery to be accelerated, we have to have the necessary technical skills in municipalities, and, indeed, all three spheres of government.
In CoGTA's "The State of Local Government Report" published in October last year, we referred to the harmful effects of political in-fighting on the ability of municipalities to deliver on their constitutional mandate. The LGTAS that derives from that report seeks to address this challenge. We need to implement the provisions of the LGTAS to provide greater stability in municipalities. Aspects of this include providing greater clarity on the roles of the Mayor, Speaker and Chief Whip; the professionalization of the relationship between councillors and administrators; providing for a more constructive relationship between political party and municipal structures; and a degree of separation of the executive and legislative structures of municipalities.
For service delivery to be accelerated, the political factionalisation of municipalities has to be significantly reduced. But also, the more councillors and administrators focus on service delivery and development, the less likely they are to become factionalised. The more, indeed, that Ward Committees and other structures of public participation are strengthened the greater the prospects of reducing political in-fighting. As the 2011 local government elections loom, councillors will be under greater pressure to ensure accelerated service delivery. It is important that the momentum created by this is sustained beyond the elections and becomes a permanent aspect of the way municipalities function.
For service delivery to be accelerated, corruption has to be tackled far more effectively. We need to expedite changes to the supply change management process and the many other anti-corruption measures we have been speaking about for so long. The responsibility to deal with corruption resides with all of us, but ultimately it's the politicians who must lead. The more we reduce corruption the greater the prospects of improved service delivery, and the more we improve service delivery, the greater the prospects of reducing corruption.
There are aspects of the local government model and our system of cooperative governance that might also be impeding effective service delivery and we need to review them. For example, increasingly, the value of the current two-tier model of District and Local municipalities is being questioned. There are other aspects of the local government model that might be too cumbersome and might need to be simplified to facilitate more effective service delivery. There is also a lack of clarity  in certain areas of service delivery about what precisely the respective functions of provincial and local government are. In fact, there needs to be greater clarity on the respective powers and functions of all three spheres of government in certain areas. The current policy review being finalized by CoGTA needs to be expeditiously processed.
CoGTA is also spearheading a major review of legislation passed since 1994 that has had the unintended consequence of impeding service delivery. There is duplication of provisions in different pieces of legislation, and sometimes these provisions are contradictory. The lack of alignment of legislation between sector departments, and between spheres of government has resulted in conflicting legislation, over-bureaucratisation and onerous processes that serve to undermine effective and efficient service delivery and development.  In good measure, these problems have arisen because of a lack of effective cooperative governance. It often takes up to 4 years between the decision to build houses and the actual beginning of the project. While ensuring active community participation and the meeting of environmental and other standards, the process of service delivery and development needs to be simplified and more expeditiously faciltated.  CoGTA, has with the cooperation of departments in the national and provincial spheres and local government, identified over 60 pieces of legislation that need to be amended as part of this project.
Clearly too, the systems of local government finances and intergovernmental fiscal relations need to be reviewed. While it is certainly true that many municipalities do not make the most productive and effective use of their current resources, it is clear that if municipalities are to accelerate service delivery, they have to have more funding and other material resources. The review of the local government financial system underway needs to be expedited. In fact, this matter will be raised tomorrow at the Joint MINMEC that CoGTA and National Treasury are to have tomorrow.
For service delivery to be accelerated, there also needs to be greater clarity on policy issues regarding basic services like electricity and water. How, for example, is the electricity distribution industry being restructured What is to happen about the proposed REDs (Regional Electricity Distribution) structures?
Ultimately, we come back to the main point being made. If we are to accelerate service delivery, not just in local government, but all spheres of government, we have to significantly strengthen our cooperative governance system. We also have to be clear that the state alone cannot accelerate service delivery and development, and that the active participation of ordinary people is indispensable. So too is the participation of major stakeholders like the trade unions, private sector and other civil society organizations.
The establishment of the National Planning Commission and the finalization of the country's overall national development plan will also assist to accelerate service delivery and development.
The consolidation of the LGTAS is also vital. Within the national framework provided by the LGTAS, municipalities have shaped their own municipal-specific, customized Municipal Turnaround Strategies (MTAS). To date, 280 of the 283 municipalities in our country have submitted their MTAS to CoGTA. However, only about 50% of them have their MTAS adopted through council resolutions and have integrated them into their IDPs.  Obviously, the MTAS differ in quality across the municipalities and many of them need to be improved. But that so many municipalities have done them at all is significant. CoGTA is assisting municipalities to improve on their MTAS and to advance the process.
We can all play a role in this regard. I come back to this repeatedly. Greater cooperation and collective action are vital to accelerate service delivery and development. Now what about IMFO What more are you going to do to assist in the process In fact, important in much of our work is IMFO - more perhaps than you realize. We urge you to come to terms with very valuable role you can play and, even more, we urge you to fulfill this?
<fn>GOV-ZA.149bulletinEn.2012-02-10.en.txt</fn>
Contact for technical enquiries: Mr K M Mohlasedi: 013 766 6955, kmohlasedi@mpg.gov.za or Mr Stephan Pienaar: 013 766 6679, SPienaar@mpg.gov.
The event will draw the top 70 golfers from around the world, dwarfing South Africa's current premier golfing tournament, the Nedbank Golf Challenge. The new addition to the country's golfing calendar has been brought about after much negotiation between the US PGA Tour, the International Federation of PGA Tours and the Sunshine Tours.
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<fn>GOV-ZA.14En.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=14485&tid=24198 Size: 11KB Speaker: T Maseko Collection: speeches_cm?
<fn>GOV-ZA.14annexureblocalgovernttablesEn.2012-02-10.en.txt</fn>
The tables in Annexure B present local government capital and operating budgets, transfers from national to local government some selected demographic data.
Note : The total expenditure excludes duplications of R439 469 (thousands) due to allocations from Cs to Bs and contributions to capital. Note : The total expenditure excludes duplications of R459 262 (thousands) due to allocations from Cs to Bs and contributions to capital. Note : The total expenditure excludes duplications of R209 547 (thousands) due to allocations from Cs to Bs and contributions to capital. Note : The total expenditure excludes duplications of R401 180 (thousands) due to allocations from Cs to Bs and contributions to capital. Note : The total expenditure excludes duplications of R89 451 (thousands) due to allocations from Cs to Bs and contributions to capital. Note : The total expenditure excludes duplications of R316 028 (thousands) due to allocations from Cs to Bs and contributions to capital. Note : The total expenditure excludes duplications of R499 265 (thousands) due to allocations from Cs to Bs and contributions to capital.
Note : The total expenditure excludes duplications of R525 928 (thousands) due to allocations from Cs to Bs and contributions to capital. Note : The total expenditure excludes duplications of R371 000 (thousands) due to allocations from Cs to Bs and contributions to capital.
Authorised Powers and Functions for Category B and C municipalities (in terms of Government Gazette No.
<fn>GOV-ZA.14apr20051En.2012-02-10.en.txt</fn>
The 55th conference of the International Statistics Institute (ISI), which has just ended in Sydney, Australia, coincided with the centenary celebration of statistical practice in that country.
This was just one moment of historical significance in proceedings dominated by a range of "firsts".
Professor Ben Kiregyera, chair of the board of directors of the Uganda Bureau of Statistics, who recently assisted Statistics SA to develop a strategic plan, was the first African to be awarded the prestigious Mahalanobis prize.
Mahalanobis created the India Institute of Statistics, renowned for training statisticians such as Kiregyera himself and the renowned Indian statistician CR Rao.
The 84-year-old Rao was recently in South Africa, where he was honoured by the University of Pretoria for his lifetime contribution to the field of statistics.
The award was instituted by the government of India to acknowledge Mahalanobis' lifetime contribution to statistics.
More history was made at this ISI conference when Denise Lievesley, director of Unesco, became the first woman to be elected president of the institute in its 120-year history.
South Africa became the first African country to be elected to host an ISI conference in 2009, providing the impetus for much-needed statistical training. Inviting the ISI's 2 000-strong general assembly to South Africa, Anthony Mongalo, the high commissioner to Australia, acknowledged that "hosting the 57th session of the ISI in 2009 will be a milestone for South Africa in its second decade of democracy".
Mongalo placed this milestone in its historical context: In 2004 at the jubilee of the South African Statistical Association, the minister for finance, Trevor Manuel, aptly captured the elevating role of statistics for our new democracy Minister Manuel correctly drew attention to a number of challenges that South Africa faces in its statistical development.
A first challenge for South Africa is to raise an awareness for a more healthy regard for official statistics and to restore trust in official statistics. Without the vital element of trust, no official statistics will be reliable.
A second challenge we face is to build capacity in statistics. Too few South Africans have the necessary statistical skill our country needs.
This is a lingering result of the apartheid era Bantu education was introduced in 1954, consciously de-emphasising the teaching of mathematics and science. This destroyed a generation of scientists, mathematicians and statisticians in South Africa.
A third challenge is to try and pace ourselves relative to our capacity. As some of the discussion in this 55th session of the ISI alludes to, compliance with the requirements of the International Monetary Fund's special data dissemination standard is onerous, and we lack sufficient [statistical] skills to immediately meet all of the requirements.
The fourth challenge minister Manuel draws attention to is what gets measured And who determines that?
These questions remain pertinent for South Africa as statistics becomes an ever-more vital part of growing our democracy, and the need for timely and accurate statistics for evidence-based decision-making becomes more pressing, Mongalo said.
The development of local statistical capacity is vital if the challenges identified by Manuel are to be met.
However, this does not occur overnight and, in the interim, Stats SA urgently requires enhanced skill and capacity in official statistics.
We are negotiating agreements with several countries, including Australia and Germany, to improve the teaching of mathematical sciences.
The hosting of the ISI's 2009 conference in Durban will provide an important opportunity to consolidate development and training of young statisticians well versed in official statistics.
<fn>GOV-ZA.14febp1En.2012-02-10.en.txt</fn>
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[1] Å¸ š[2] By 2020 the eThekwini Municipality will enjoy the reputation of being Africa's most liveable city, where all citizens live in harmony. This vision will be achieved by growing its economy and meeting peoples needs so that all citizens enjoy a high quality of life with equal opportunities, in a city that they are truly proud of.
Where applicable and within constraints of other infrastructure requirements (e.g.
Direct impacts within the area by providing infrastructure for development (e.g.
Indirect socio-economic impacts of development on the metropolitan area (e.g.
Partnership between public and private sectors required to provide resources necessary for development ¡@Ã¿?
Proceed with remaining aspects of IDF, viz.
Ã° Å¸ L& . what is the role of the Outer West¡D'Ã¿?
Ã°b[2]Å¸ ¦The Outer West area largely functions as a residential feeder to the eastern employment nodes and hence is subject to tidal flows with the major direction of travel to and from the Durban central business area.
System performance improves to match status quo although localised areas of congestion will remain.
<fn>GOV-ZA.14housinEn.2012-02-10.en.txt</fn>
Access to housing and secure accommodation is an integral part of government's commitment to reduce poverty and improve people's quality of life.
Since the launch of the White Paper on Housing in December 1994, housing has undergone fundamental changes. Some 1 985 545 housing subsidies have been approved and 1,5 million housing units constructed, providing more than six million poor people with secure tenure and safe homes.
However, resource constraints and changing demographics now necessitate a more rigorous focus on quality, rather than the former quantity-driven approach. Housing policy and strategy have therefore been adjusted to accommodate this new focus.
The Housing Programme will in future also emphasise pressure relief. It balances urban and rural development, counters housing fraud and facilitates urban renewal, especially in inner cities. Attention will furthermore be paid to monitoring and performance evaluation to assess the elements of the national housing strategy. Initially, housing policy placed too much emphasis on ownership, but it has been recognised that the lack of a co-ordinated rental housing policy is a shortcoming.
Since 1994, some 1 985 545 housing subsidies have been approved and 1,5 million housing units constructed, providing more than six million poor people with secure tenure and safe housing.
The Human Settlement Redevelopment Programme impacts on the lives of people and communities in a physical, social, economic and environmental context. The Programme will fill the gap in the development needs of dysfunctional and disadvantaged communities, which cannot be addressed through existing, alternative government programmes.
Recognising the need to align national, provincial and local budgets and planning processes, and budget co-ordination across national departments, this Programme of pilot projects was initiated in 1999. Its aim is to improve the quality of the urban environment and to address the legacy of dysfunctional urban structures, frameworks and imbalances. To achieve this, the Department of Housing introduced a system of multi-year housing development plans to be applied coherently across the three spheres of government. These plans are to be updated annually on a rolling basis. They have to take into account current housing needs and backlogs, as well as available resources, and on that basis, prioritise the needs of the various national housing programmes.
addressing the nature and underlying reasons for dysfunctionality providing a source of funding to correct such dysfunctionality and acting as catalyst to gear other sources co-ordinating sources of development funding to promote holistic and integrated development adding value to projects that can be funded through other processes and programmes.
Infrastructure-upgrading initiatives to facilitate the redevelopment of depressed areas or to improve access to employment and business opportunities.
Land-intervention initiatives to counter spatial distortion and enhance the integration of human settlement.
Replanning and redevelopment of existing human settlements, which could entail slum clearance, acquisition of property, planning of redevelopment initiatives and resettlement of people.
Consolidation initiatives where previous housing/development initiatives resulted in unsafe, inappropriate or substandard development in need of enhancement.
Provision of essential community facilities and amenities.
Special development-needs projects to satisfy Presidential requests that may entail crossfunctional co-operation and co-ordination and require extraordinary solutions outside of approved government programmes. Lately, the focus of these programmes has, to a large extent, fallen on the Urban Renewal Strategy and the Integrated Sustainable Rural Development Programme (ISRDP).
There has been a steady growth in transfers to the Programme, from R1 million in 1999/00 to an expected R122,5 million in 2005/06.
The Minister of Housing, Ms Brigitte Mabandla, announced during her 2003/04 Budget vote speech that the Department would continue its well-established approach of giving priority to the reduction of poverty and vulnerability, and make a meaningful contribution to economic growth, especially to the empowerment of the historically marginalised groups. The Department has pledged to continue to respond to the challenges facing beneficiaries with disabilities and those living with and affected by HIV/AIDS, as well as working towards the empowerment of emerging developers and contractors. It aims to bring as many women contractors and black professionals as possible into the housing sector.
The Department also aims to extend and strengthen its contribution to the Growth and Development Strategy by accelerating its drive towards the development of small, micro and medium enterprises in this industry.
Promoting marginalised women in construction by setting aside at least 10% of the provincial expenditure for housing projects to be handled by women developers or contractors.
Incorporating integrated land development that encourages all national housing programmes to promote development with all the necessary infrastructure in order to develop sustainable communities.
People-centred housing development, which focuses on the promotion of the People's Housing Process (PHP), whereby communities actively participate in the provision of their own housing.
Rural housing that effectively deals with the housing backlog outside of the cities, 31% of which involves rural households.
Rental housing, which is currently provided through the institutional housing subsidy instrument and has been identified as a national expenditure priority to provide beneficiaries with an alternative tenure option.
Upgrading informal settlements, whereby housing projects are approved to target the elimination of specific informal settlements.
Savings-linked subsidies to encourage people to save towards their housing developments.
Housing subsidies for people with disabilities.
Emergency housing programmes through which provincial Housing Departments can make provision for unforeseen emergency housing needs. The Department has resolved to set aside 0,5% to 0,75% of provincial annual allocations for this purpose.
The Rental Housing Act, 1999 ensures that more houses are provided for rental purposes and regulates the behaviour of unscrupulous landlords so that tenants do not pay exorbitant rents.
It also provides for a special tribunal to mediate between landlords and tenants in the event of disputes. It outlaws the eviction of long-standing tenants from their homes without mediation.
The Act came into effect on 1 August 2000. Three Rental Housing Tribunals have been set up in Gauteng, Western Cape and North West.
Other provinces are in the process of establishing similar Tribunals. The Act gives the Tribunals the power to make rulings in line with those of a Magistrate's Court.
The Home Loan and Mortgage Disclosure Act, 2000 provides for the establishment of the Office of Disclosure and the monitoring of financial institutions serving the housingcredit needs of communities. It requires financial institutions to disclose information, and identifies discriminatory lending patterns. The Act is aimed at promoting equity and fairness in lending and disclosure by financial institutions, and will be implemented as soon as the Regulations of the Act have been promulgated.
The Act aims to encourage banks and financial institutions to grant home loans to all its clients. It compels banks and financial institutions to disclose annual financial statements so that their lending practices in respect of home loans can be monitored.
In terms of the Housing Consumer Protection Measures Act, 1998, residential builders have to register with the National Home-Builders Registration Council (NHBRC) and are obliged to enrol all new houses under the NHBRC's Defect Warranty Scheme. The first phase of the Act came into effect on 4 June 1999, making the NHBRC a statutory body.
The aim of the Act is to protect homeowners from inferior workmanship. Builders are responsible for design and material defects for three months, roof leaks for a year, and any structural failures of houses for five years. NHBRC inspectors may assess workmanship during and after the building process.
Banks are compelled by law to insist on home-builder registration and enrolment prior to granting a mortgage loan or finance.
All new government-subsidised housing units constructed as part of approved projects have enjoyed protection against shoddy workmanship by housing contractors since April 2002. Through the Housing Consumer Protection Measures Act, 1998, properties that were built with funding from the Government's housing subsidy grant only, now enjoy protection against structural defects and must comply with minimum technical norms and standards.
Previously, this was the responsibility of the poor, because their properties did not qualify for such protection. The NHBRC ensures that registered builders deliver within the minimum housing standards.
The Housing Amendment Act, 2001 removes some of the inefficiencies in the institutional arrangements covered in the Housing Act, 1997 (Act 107 of 1997). The Amendment Act, 2001 abolished Provincial Housing Development Boards, transferring their powers, duties, rights and obligations to the provincial members of executive councils responsible for housing. The Act empowers the Minister of Housing to determine a procurement policy on housing development and puts regulatory measures in place to restrict the sale or alienation of Statesubsidised housing.
The Department developed a Social Housing Policy discussion document in 2001, as a basis for the development of a Social Housing Policy document and Bill for the sector.
The Social Housing Policy was finalised in 2003 and implementation was planned for 1 April 2004. This initiative is closely linked to government's Medium Density Housing Programme, which will also be implemented with effect from 1 April 2004.
The Programme will cater for the needs of single persons with special housing needs. Other categories of persons currently excluded from accessing government's housingassistance programmes will also benefit.
The Social Housing Policy aims to establish a sustainable social housing process and provides for the establishment of a Social Housing Corporation to regulate and oversee the social housing development and maintenance process.
The discussion document focuses on creating an enabling environment for the growth and development of the social housing sector in South Africa. It provides a definition and grounding principles for the sector and introduces a revised funding and regulating framework.
The Social Housing Bill will enable the establishment of a Social Housing Accreditation Board for the accreditation and ongoing monitoring of social housing institutions. It will ensure that robust institutions are established to develop and manage housing stock. The Board should provide confidence for financial institutions interested in investing in the sector.
The Community Reinvestment Bill was expected to be finalised by the end of 2003. The legislation is a sequel to the Home Loan and Mortgage Disclosure Act, 2000 and will provide for mechanisms to ensure that more home loans are allocated to low-and mediumincome borrowers. However, the Bill will not compel housing finance institutions to take risks in meeting their community-reinvestment obligations.
the funding of redevelopment initiatives to create humane living conditions in hostels hostel inhabitants to be involved in redevelopment initiatives and the ongoing administration of the redeveloped complexes the upgrading of dilapidated complexes and/or the redevelopment of hostels into family units or a combination of single sex units and family accommodation on a rental and/or ownership basis.
During a media briefing in March 2002, then Minister of Housing, Ms Sankie Mthembi-Mahanyele, said that the Hostel Redevelopment Policy was being reviewed. The fundamental objective of the policy review process is to move away from the so-called redevelopment of hostels to an approach where sustainable rental housing stock will be created and maintained.
Pilot projects totalling R12 million were conducted in Gauteng, KwaZulu-Natal, the Western Cape and the Free State.
A special task team was established, comprising technical and policy experts from the nine provincial Housing Departments, key municipalities that own public-sector hostels, and the national Department of Housing.
The Public-Sector Hostel Redevelopment Policy should be converted into a policy framework for the creation of sustainable rental housing stock. This stock should augment government's new emphasis on the provision of medium-density housing stock and rental housing options such as those to be provided within the Presidential Job Summit initiative.
As a substitute for the current funding limit, a flexible minimum standard, linked to standard finishing norms and costing parameters, should be introduced.
The revision process has been concluded. The replacement of the funding limit is being finalised.
By May 2002, the Government had spent R775 million on the upgrading of hostels.
For 2002/03, the Department received a total amount of R3 739 624 billion to finance national and provincial housing programmes.
The allocation is made annually on the basis of a formula that takes into account the backlog in each province, the number of households in various income categories of the subsidy scheme, the ratio between urban and rural housing, and the performance of the relevant provincial government.
The PHP recognises the efforts and initiatives of those who prefer to build their own houses and are prepared to commit their resources, skills and energies to this task. It provides technical, financial and other support to these people. Funding is administered through the provincial Housing Departments, while the People's Housing Partnership Trust (PHPT) helps build the capacity to speed up delivery.
One of the major constraints in housing delivery is the lack of capacity, which entails an efficient workforce and the installation of appropriate technology, equipment and systems for monitoring, evaluation and reporting purposes.
The Department continues to provide support and assist provinces to ensure effective and efficient implementation of the National Housing Programme. The strategy and guidelines for housing capacity-building, as well as guidelines for provincial housingcapacity business plans were developed during 2003.
As part of the Department's endeavour to keep abreast with developments and changes in respect of capacity-building for improved service delivery, further workshops were conducted on the National Housing System, policies, legislation and programmes.
National Housing Code workshops were held at both national and provincial level, aimed at capacitating internal and provincial officials, including municipal officials and councillors, and increasing knowledge on housing policies, programmes and legislation.
The Programme has undergone major transformation and improvement since its inception in 1998. By June 2003, a total of 5 590 participants had been trained. Initially, the University of the Witwatersrand (Wits) School of Public Management and Development played a central role as the only service-provider. In 1999, the Programme was decentralised and courses were offered in all nine provinces by tertiary institutions based in each province, through Wits. These changes were the result of continuous monitoring and reviews conducted during the implementation of the course, as well as input from the Capacity-Building Task Team established to oversee the effective and efficient implementation of the Programme.
Courses are designed to cater for the capacity needs of all officials employed in the national, provincial and local governments, including councillors. 0ut of the 1 287 participants trained in 2002, 48% came from municipalities, which indicated a gradual improvement compared with 45% in 2001.
There has been a gradual increase in the number of women participating in these courses. In 2002, the percentage of women participants was 50%.
During 2001, an investigation was conducted in all the provinces to obtain the views of housing practitioners regarding the professionalism of the housing sector. The Cabinet approved the establishment of a Professional Housing Institute on 29 May 2002.
In line with the Skills Development Act, 1998 (Act 97 of 1998), the Department facilitated and co-ordinated the establishment of the Housing Standard Generation Body (SGB). The Housing SGB was expected to register with the South African Qualifications Authority in 2003.
The Housing SGB commits itself to the generation of standards and qualifications to ensure quality education and training programmes in the sector.
Through this process, the needs of housing practitioners and consumers will be accommodated and lifelong learning encouraged.
Work with regard to SGB activities and processes has commenced. The activities have been divided into two subgroups, one focusing on housing consumer education and the other on professional qualifications.
The Housing Consumer Education Task Team was established in 2002.
develop the National Housing Consumer Education Framework collect and present training material for the purpose of developing the Framework facilitate and promote the acceptance of the Framework by stakeholders assist in investigating viable funding mecha nisms for housing education. The Framework has been developed and discussed with various stakeholders. It will serve as a guideline for the development and implementation of the Housing Consumer Education and Training Programme. The envisaged Training Programme will cover training modules in line with the Framework, a Train the Trainer Programme, and the development and implementation of four pilot projects targeting 1 000 units.
The Department launched the Scholarship Programme in 2002, targeting matriculants who wish to pursue a career in housing. Ten students were awarded scholarships for the 2003 academic year. Owing to limited resources, the Department approached the Construction Education and Training Authority (CETA) for funding assistance. The Department, in conjunction with CETA, intends to embark on an internship programme to provide students with the opportunity and scope to gain practical experience and facilitate their learning.
Individual ownership subsidies are allocated to help beneficiaries acquire ownership of fixed residential property (housing opportunities) for the first time.
New housing-subsidy programmes are being developed and certain existing programmes have been enhanced, including rental and social-housing subsidies. The housing-subsidy programmes, including project-linked subsidies, are also being revised to introduce a procurement prescript compliant regime, consolidation subsidies, PHP, rural subsidies and institutional subsidies. The Department also started the phasing-out of subsidy subprogrammes to address the subsidies of the previous dispensation.
With effect from April 2003, the Department increased housing subsidies by between 11,4% and 14,8% to counter the effects of inflation. The subsidy for beneficiaries earning from zero to R1 500 rose by R2 800, from R20 300 to R23 100.
Beneficiaries earning between R1 501 and R2 500 received a R1 500-subsidy increase, from R12 700 to R14 200. The subsidy for beneficiaries earning between R2 501 and R3 500 rose from R7 000 to R7 800.
Subsidies for the indigent, including the aged, people with disabilities and the healthstricken, were increased from R22 800 to R25 580.
The consolidation subsidy for beneficiaries earning R1 500 was increased from R10 900 to R12 521, and for indigents from R13 400 to R15 000.
The Department has designed the housing scheme to effectively cater for people with disabilities.
In January 2003, the National Urban Reconstruction and Housing Agency (NURCHA) signed a funding agreement with Rand Merchant Bank, the Overseas Private Investment Corporation (OPIC) and the Open Society Institute of New York (OSI).
The agreement was endorsed by then Minister of Housing, Ms Sankie Mthembi-Mahanyele, and the United States Trade Representative, Mr Robert Zoellik.
OPIC and OSI have jointly created a $20-million guarantee that will release R200 million in bridging finance loans for small housing contractors and developers. These loan funds, administered by NURCHA, should support the construction of 100 000 houses over the next five years.
amount to the normal subsidy to make their homes more accessible and comfortable, according to their physical needs. By May 2003, the Department was exploring mechanisms to include an additional subsidy to cater for people with HIV/AIDS, in line with government's Home-Based Care Policy.
It will also assist in providing shelter for areas where home-based care might not be available, in conjunction with the Department of Social Development.
Financial support to poor communities is provided as part of the Consolidated Municipal Infrastructure Programme.
The Department has also developed the Emergency Housing Policy to deal with emergency housing needs caused by natural and other disasters, as well as people living under stressful conditions, on flood-plains and in adverse geotechnical conditions.
Various events, such as severe floods in 2000 and 2001, led to the development of the Policy.
The Department established a dedicated fund through which to render financial assistance in the form of grants to those affected, from 2004. The purpose of the proposed programme is to provide assistance in the form of secure access to land, basic engineering services and or/shelter in a wide range of situations of emergency housing needs, through the allocation of grants to municipalities instead of housing subsidies to individuals.
Since 1 April 2002, all housing-subsidy beneficiaries are required to contribute either in kind or financially. The National Savings Programme for Housing is administered by the National Urban Reconstruction and Housing Agency (NURCHA) and seeks to assist beneficiaries to accumulate the financial contribution required.
Contribution in kind entails participation in PHP projects and therefore the building of their own houses.
Qualifying subsidy beneficiaries who fall within the R0 to R1 500 income category and who will not participate in the PHP, are required to make a financial contribution of R2 479, to enable the final approval of a housing-subsidy application. The contribution assists with improving or increasing the size and value of the house, and encourages beneficiaries to value their homes and maintain them in a habitable condition.
Due to the exemption of the PHP projects from the NHBRC warranty cover, beneficiaries who opt to construct or manage the construction of their own homes are not required to contribute R2 479. Beneficiaries of the PHP, in the income category R0 to R1 500 per month, qualify for a subsidy of R23 100.
Where a beneficiary of special assistance for the aged, disabled and the indigent qualifies for a consolidation subsidy, the subsidy amounts to R15 000. If the individual qualifies for a consolidation subsidy, but does not fall into one of the abovementioned categories, he or she is obliged to make the required contribution of R2 479. However, consolidation-subsidy beneficiaries who participate in the PHP are not obliged to make the financial contribution.
The immediate outcome of the success of the approach of people constructing their own homes has been the increase in the number of PHP projects or self-building, and the emergence of more, bigger and better structures.
In an effort to enhance the capacity of the programme, the Department has sought additional assistance from 38 Cuban architects and designers who were deployed in the provinces as part of supporting the increased demand for this type of housing delivery. Cuba's approach to housing contruction is similar to that of South Africa.
Project-linked subsidies give individuals the opportunity to own houses in approved projects. From the introduction of projectlinked subsidies until March 2002, 2 510 housing projects, representing 1 247 974 housing opportunities, were approved. Accordingly, the same number of projectlinked subsidies has been reserved.
The individual subsidy affords people access to housing subsidies to acquire ownership of an existing property or a property in a project not approved as part of a project-linked subsidy project. A person may also buy a serviced site linked to a house-building contract. The individual subsidy can be used in two different ways: on a non-credit basis, where only the sub sidy amount is used to acquire a property on a credit-linked basis, where a home loan is also obtained from a mortgage or non traditional lender to buy a property.
Through the consolidation subsidy, there were people who received housing assistance from government in the form of ownership of serviced sites, including serviced sites under the auspices of the Independent Development Trust.
Those beneficiaries who received assistance may apply for a further benefit from government to improve their housing circumstances. The consolidation subsidy is granted for the provision or upgrading of a top structure on such a site.
As of April 2003, the subsidy category is R12 521 for a monthly income up to R1 500. Such beneficiaries must also contribute either in kind or financially.
Subsidies are available to institutions creating affordable housing stock to allow eligible people to live in subsidised residential properties with secure tenure. The properties will often be rented, but tenure forms based on share blocks, deeds of sale or full ownership are not excluded.
In an approved project, an institution is entitled to receive R20 300 for each residential property that will be occupied by qualifying beneficiaries. Cost recovery is required with respect to the management and administration of projects that receive institutional housing-subsidy support.
Government's initiatives to stabilise the housing environment resulted in the development of a relocation-assistance mechanism. It provides an alternative to defaulting borrowers who were three months in arrears on 31 August 1997, and where the rehabilitation of their mortgage loans was not affordable.
The relocation instrument provides for the conclusion of a rental arrangement on a monthly basis to stay on the relevant property, pending relocation to an affordable property. The Government provides assistance in the form of a Relocation Assistance Grant, equal to the subsidy for which a person would normally qualify, while banks provide a mortgage loan that the individual can afford. The process has been commonly termed 'rightsizing'.
By March 2002, relocation assistance had been approved to enable 2 870 beneficiaries to acquire affordable housing.
A shortage of alternative housing is, however, delaying progress. In an effort to alleviate this problem, the company managing the initiative, Servcon Housing Solutions (Pty) Ltd, was given the opportunity to establish a housing-construction entity. The construction company will focus on the building of houses to accommodate beneficiaries who wish to relocate to affordable houses.
The Discount Benefit Scheme promotes home-ownership among tenants of Statefinanced rental stock, including formal deedof-sale housing and serviced sites.
In terms of the Scheme, tenants receive a maximum discount of up to R7 500 on the selling price or outstanding loan balance of a property. Often the discount equals the selling price of the property, which is then transferred free of charge to the tenant. Some one million households qualify for assistance under the Discount Benefit Scheme. By March 2002, a total of 396 546 beneficiaries had received their title deeds through the Scheme.
The NHBRC was established in terms of the Housing Consumer Protection Measures Act, 1998. The Council protects the interests of consumers and regulates the home-building industry.
Before the commencement of the Act, the National Home-Builders Regulation Council was established as a Section 21 company. Its main objective was to promote the common interests of persons occupied in the business or profession of home-building, through the regulation of the home-building industry.
In August 1995, the NHBRC (Pty) Ltd also established the National Home-Builders Registration Council Fund (Pty) Ltd. The main objective of this company was to establish an indemnity fund to promote the interests of contactors, by making funds available through the NHBRC on an ex gratia basis to finance the rectification of defects in housing units in circumstances where contractors were either unable or not liable to do so.
On 26 March 2001, a statutory council was established in accordance with the provisions of the Housing Consumer Protection Measures Act, 1998. The two former Section 21 companies were consequently dissolved and all their assets and liabilities were transferred to the statutory council.
By the end of March 2003, the NHBRC had registered 6 845 home-builders. Approximately 58% of these were renewals. The actual increase in respect of new entrants into the home-building industry for the 2003 financial year was about 42% of the total number of registered home-builders. By the end of March 2003, there was an increase of 21% in registered home-builders.
Despite the increases in interest rates in 2002, the NHBRC recorded a 17% increase in the enrolment of new homes. The total number of enrolments by the end of 2002 was 41 580. The main driver of the increase in enrolling new homes has been public awareness. More and more members of the public want to purchase homes which are enrolled with the NHBRC.
The NHBRC's major source of revenue is the enrolment of new homes. Almost 83,8% of its income comes from enrolled homes, followed by 13% generated from interest on investments. Registration of home-builders constitutes 2,99% of its total revenue. The remaining balance of about 0,13% is gene-rated from document sales and a grant from the national Department of Housing to cover administrative costs relating to the entry of the NHBRC Warranty Scheme into the housing-subsidy sector.
The NHFC was established as a result of a Cabinet decision in May 1996, as envisaged in the White Paper on Housing, to search for new and better ways to mobilise finance for housing from sources outside the State, in partnership with the broadest range of organisations.
Development and appropriate funding of institutions providing affordable housing finance at retail level. Such finance is aimed at the lowest possible income levels able to afford credit on a sustainable and commercial basis.
Development and appropriate funding of institutions offering a variety of tenure options for residential purposes, in the under-and unserviced segments of the housing market.
Sustained and growing mobilisation of savings in the housing process, through appropriate intermediaries.
funding or underwriting the funding of intermediaries and institutions to promote broader access to housing building adequate and sustainable capacity within the organisations it funds partnering organisations and institutions to deliver innovative housing-finance solutions. Between May 1996 and March 2003, the NHFC approved facilities totalling more than R1,471 million, and disbursed R1,152 million.
Alternative tenure has been involved in the establishment of 28 institutions since the establishment of the Housing Institutions Development Fund in 1998. Economic pressures, particularly in 2002/03, resulted in a number of these institutions showing financial strain and defaulting on the repayment of loans advanced by the NHFC. A turnaround strategy for these clients has been developed.
The Home Ownership Division of the NHFC offers 'on-balance sheet' and 'off-balance sheet' lending, and is working towards developing a more appropriate pricing structure for its products, particularly on its loan buy-in programme.
Many clients of the Incremental Housing Division were affected by the turmoil in the micro-finance industry, particularly with the failure of Unibank and Saambou. This resulted in a number of clients requesting the restructuring of loans. An exercise is being conducted into the feasibility of consolidating three of the clients into a larger, more viable entity.
In the last quarter of 2002, the Division received a number of applications from microlenders who wanted to expand into housing lending, with assistance from the NHFC. The Division expects to meet its budget of providing 20 000 loans in 2004.
The Job Summit Housing Project continues with the first houses being built in Witbank, Mpumalanga. There has, however, been a decision by the stakeholders to appoint transaction advisors to explore the best funding option for the project. A decision in this regard is expected within the first quarter of 2004.
At the Presidential Job Summit held in October 1998, government, the private sector and labour resolved that there was a need for a National Presidential Lead Project on Rental Housing at sufficient scale to pilot affordable mass housing delivery and alternative forms of tenure, especially rental housing. The Presidential Pilot Project on Rental Housing was conceived to provide 50 000 rental units over multiple financial years.
The NHFC was appointed as management agent for the programme. An amount of R225 million in poverty-relief funding has been transferred to the NHFC for the purpose of the partial funding of phases one to three of the project.
By mid-2003, three projects selected for the first phase of the Presidential Pilot Project on Rental Housing were in various stages of implementation. Two of the three, Johannesburg (notably the Kliptown subproject) and Witbank (eMalahleni) had completed their show units. These units will serve the dual purpose of physically launching the Presidential Pilot Project on Rental Housing, and further enhancing end-user processes, such as unit selection based on individual affordability levels.
The first pilot project for Gauteng was launched by President Thabo Mbeki in Fordsburg in 2002.
In Durban, the Roosfontein subproject is being prioritised and it is anticipated that the remaining units, to be constructed as part of the first phase in KwaZulu-Natal, will target inner city infill and refurbishment projects.
NURCHA was formed as a partnership between the South African Government and the Open Society Institute (OSI) of New York, United States of America (USA), in May 1995 to arrange finance for housing. It is a taxexempt, non-profit-making company.
By March 2003, NURCHA had arranged financing for 550 projects and the completion of 124 000 houses.
Through its savings programme, 40 000 people had been encouraged to open savings accounts and 12 400 people had become regular savers, accumulating funds towards their housing needs.
Operational expenses are funded by an initial allocation from government and a grant from the OSI. NURCHA's mission is to expedite housing delivery in the short-to-medium term for low-income households.
Bridging-finance guarantees: NURCHA offers guarantees to financial institutions, making bridging-finance loans available for housing or related infrastructure.
Bridging-finance loans: The NURCHA offers bridging-finance loans to support the construction of credit-linked housing in the R30 000 to R150 000 price range.
Loans through financial intermediaries: In order to assist contractors and developers who are unable to access bridging finance from a bank, NURCHA has entered into agreements with financial institutions and intermediaries that have specifically tailored products to ensure the appropriate flow of finance to projects. Applicants requiring this form of funding are normally smaller contractors who also require financialmanagement support.
Bridging finance for rental housing: NURCHA provides bridging finance for the construction or upgrading of rental stock in the affordable housing market sector.
National Savings Scheme: The Scheme has been recognised by the Ministry of Housing as a vehicle for the administration of new home-owners' own contribution to subsidylinked projects. The Scheme is run in collaboration with deposit-taking institutions under agreement with NURCHA, and is geared to be of assistance and support to developers, contractors, municipalities and other role-players engaged in the delivery of low-income housing.
Servcon was established as a joint venture between the Department of Housing (representing government) and the Council of South African Banks (COSAB) in 1994.
Servcon was mandated to provide exclusive management services in respect of the designated portfolio, comprising 33 306 properties in possession (PIPs) and non-performing loans (NPLs) with a value of R1,277 billion, for a period of eight years from 1 April 1998 to 31 March 2006.
The mission of Servcon is to normalise the lending process by managing NPLs and PIPs in areas where the normal legal process has broken down, in terms of the normalisation programme agreed to by the Department and COSAB.
the repurchase/rescheduling programme that assists those who can afford an existing property by providing a mechanism to reassess the property and arrive at a reasonable buy-back or new-debt amount the subsidised rental programme that gives the occupant time to adjust to paying again after a period of non-payment rightsizing, which is designed for the owner/ ex-owner who cannot afford a property or the rental option, by offering assistance to procure and finance in whole or in part, an alternative affordable house special assistance, which is provided to the aged and disabled, such as providing relocation assistance in situ, i.e. without having to relocate.
Servcon receives funding from the Department on a quarterly basis. The funding goes towards 50% of the operating costs of Servcon, and 50% of interest on the value of the undischarged guarantee to the banks.
By 31 March 2003, Servcon had managed to exceed the financial mandate by successfully disposing of 54,2% (target 52,5%) of properties. The number of properties has declined from 33 322 to 19 398 with a value of R714 million.
Banks are reimbursed for their costs by the Department on a quarterly basis and 50% of interest on the value of the undischarged guarantee to the banks.
Province No.
Thubelisha Homes is a Section 21 company established in 1998 by the Department of Housing and Servcon. It commenced operations in 1999.
Thubelisha Homes' mandate is to procure or develop housing stock appropriate for rightsizing purposes.
determine the number, nature and location of the required housing stock secure funding to finance rightsizing housing stock procure or develop and finance relevant rightsizing stock evaluate the clients for 'rightsizing' stock and grant credit to qualifying clients sell houses to approved 'rightsizing' clients under cost-effective and appropriate terms communicate its role effectively to key stakeholders on an ongoing basis and obtain their support for the programmes.
Rightsizing is a process initiated by the Record of Understanding between certain banks and the Government, whereby occupants of bankowned PIPs or NPLs are assisted to relocate to more affordable homes.
These clients are permitted to occupy their existing homes temporarily while paying a predetermined and affordable rental to Servcon. Relocation assistance equivalent to the capital subsidy is available to Thubelisha via the provincial Housing Departments, to procure new homes for the clients.
Thubelisha was initially capitalised with a R50-million grant from government to assist with bridging finance and working capital. A division of the First Rand Group, which provides a treasury function for Thubelisha, manages this fund.
implement an accredited emerging contractor development programme By May 2003, Thubelisha had delivered over 4 500 houses in six provinces to qualifying families, with another 10 000 planned over the next three years.
Future operations will include houses being delivered through the PHP as well as an accredited Contractor Development Programme.
The SHF was established as a Section 21 company by the Department of Housing in 1997. It is mandated by the Department to develop and build capacity for social housing institutions and to develop a policy framework for the sector.
provide social-housing-sector strategic information mobilise resources for the social housing sector facilitate the capacitation of sectoral participants promote the social housing sector facilitate sectoral stakeholder alignment achieve SHF business service excellence. The SHF and the social housing sector have shown significant growth and development in recent years. By mid-2003, 59 social housing institutions had been established throughout South Africa and 33 500 housing units provided.
The international experience in social housing is extensive, spanning several decades. Other countries have therefore been keen to include a component on social housing as part of their development-assistance packages to the South African Government.
The most significant agreement relating to social housing is that between the European Commission (EC) and the South African Government.
The EC has pledged 20 million Euros (about R200 million) for social housing over the next five years.
The EC programme has been strengthened with a considerable amount of work conducted around building the internal staff capacity, systems, procedures and manuals of the SHF. Three social housing institutions were successful in applying for grant funding for capacity-building and development, and plans for a number of additional institutions are in the pipeline.
The SHF's relationship with the US Agency for International Development (USAID) finally came to an end on 31 March 2003.
Through this programme, grant funding was made available to 19 emerging social housing institutions, a number of best practice workshops were held, several publications were produced, and training facilitated for tenants, management, boards and other roleplayers within the greater social housing sector. A total of R3,78 million was received from USAID for these initiatives.
During 2002, the SHF signed a new agreement with the Royal Norwegian Embassy which undertook to provide 9 million krone over a three-year period for the furthering of co-operative housing in South Africa. It is envisaged that co-operative housing institutions will be established through this programme.
The Technical Assistance Programme with the Dutch Ministry of Housing, which started in the 2001/02 financial year, continues with a technical advisor completing his contract in Pietermaritzburg, KwaZulu-Natal. Negotiations are under way for another advisor to be placed in another institution in 2004.
Research into and production of a handbook on HIV/AIDS in the social housing environment.
Contributions to the social housing policy at national level, which were expected to enable legislation during 2004.
Further research into projects such as tenure options, communal living and needs assessment. Further research into topics relevant to the sector continued in the 2003/04 financial year.
Skills development and a number of socialhousing-related training courses being conducted for provinces, local government and social housing institutions.
The development of the Job Summit Division within the SHF and its work to promote accredited housing institutions. These are pilot projects that will be rolled out into the social housing sector as a whole.
Facilitation of the process for the establishment of a national social housing federation.
Hosting a National Housing Summit on tenure options.
The South African Housing Fund aims to provide adequate funds to enable provincial governments to establish and maintain habitable, stable and sustainable residential environments.
permanent residential structures with secure tenure and privacy, and which provide adequate protection against the elements potable water, adequate sanitation facilities and domestic electricity supply. Housing funds for national housing programmes are budgeted for and appropriated in the South African Housing Fund Programme. Since 2000/01, the funds have been allocated through the conditional-grant mechanism to the nine provinces, in accordance with the provisions of the Housing Act, 1997. Housing funds are reflected in the revenue funds and expenditure appropriations of provinces, enhancing provincial accountability. The allocation to the provinces is calculated according to a formula based on equity, taking into account the housing backlog in, and income profile of, each province.
The conditions attached to the funds are based on the provisions of the Housing Act, 1997 and are agreed upon between the Department and the provinces. The Department developed guidelines to facilitate the process of transferring funds from the Housing Fund to provinces, and to guide reporting processes in terms of the Housing Act, 1997, the Public Finance Management Act, 1999 (Act 1 of 1999), and the Division of Revenue Act, 2000 (Act 16 of 2000).
The National Housing Policy: Supporting the PHP was adopted by the Minister of Housing in 1998. The Policy focuses on poor families in both urban and rural areas, using capital subsidies to allow people to build their own homes.
It also assists people in obtaining access to technical, financial, logistical and administrative support to build their own homes, on either an individual or a collective basis.
The broad mandate of the PHPT is aligned with the National Housing Policy: Supporting the PHP, which stipulates and defines the PHPT mandate as capacitating and engaging with national, provincial and local governments and civil society to meaningfully participate and support the PHP. In order to create adequate capacity for the PHP, the Department established the PHPT in June 1997 to implement the Capacitation Programme to Support the PHP.
The main objective of the Programme is to develop capacity at all levels of government, non-governmental organisations and community-based organisations and communities to support the PHP.
communication training research and development to develop a database of information which is easily accessible technical advisory services to establish and manage a support programme corporate services to ensure efficient and effective functioning. The PHPT is funded by the United Nations (UN) Development Programme, the UN Centre for Human Settlement and the US Agency for International Development. Government assists the PHP by way of subsidies, facilitation grants and housing-support funding.
The RHLF focuses on its core business of providing loans, through intermediaries, to low-income households for incremental housing purposes. Incremental housing is a people-driven process and the RHLF's core business is to empower low-income families in rural areas to access credit that will enable them to unleash the force of their self-help savings and local ingenuity to build and improve their shelters over time.
In 2002/03, the RHLF's retail lenders provided 10 936 housing loans to rural households. The RHLF exceeded its financial projections by 29% and disbursed R62 million to rural areas.
Since its inception, RHLF-funded intermediaries have provided more than 45 000 loans to rural borrowers for incremental housing and home improvement, totalling R220 million.
Market research indicates that 87% of people in rural areas earn less than R2 500 per month and this income band constituted 68% of RHLF end-users at the end of March 2003. This indicated that the RHLF, working with retail financiers, continued to make significant impact in alleviating poverty and improving the living conditions of the working poor.
In 2002/03, like all retail-finance operators and banks, RHLF clients were hit by bad debts, declining disposable incomes and more complicated debit-order repayment systems. Higher interest rates, coupled with soaring fuel and food prices inevitably led to the erosion of disposable income of the target market and aggravated an already difficult banking and lending environment.
In 2003/04, the RHLF embarked on a strategy to consolidate unsustainable retail operations to take advantage of an expected improvement in the economic climate and expand impact into those provinces that have fewer distribution channels.
The Special Integrated Presidential Project for Urban Renewal was identified as one of the first Presidential Lead Projects.
The aim of the Project was to kick-start development in major urban areas, focusing on violence-torn communities and those in crisis.
It was developed to ensure an integrated approach to the provision of infrastructure, housing, community and recreation facilities, and job opportunities. It aimed to transform previously disadvantaged communities and create sustainable and habitable living environments.
In addition, the Project has been viewed as an ideal opportunity to promote the businessplanning concept and to give provincial governments the opportunity to improve coordination.
Several such projects within 31 communities have been identified as beneficiaries.
Western Cape: Integrated Service Land Project in the Cape Metropolitan Area.
These projects include the provision of housing, hostel upgrading, infrastructure upgrading (such as roads and the provision of electricity and street-lighting), and the provision and upgrading of social infrastructure. The projects include child-care facilities, schools, clinics, sports fields, libraries, police stations, centres for the aged, post offices and playgrounds.
Providing areas for markets, community gardens and skills training creates opportunities for business development. These activities are planned and implemented in an integrated manner to ensure sustainable and habitable living environments.
The UUDP is a joint bilateral undertaking between South Africa and Germany, which was established in 1994 between the national Department of Housing and German Technical Co-operation.
The Department is playing a key facilitation and co-ordination role in the implementation of the Programme in the Free State and Eastern Cape.
the piloting of a municipal housing-sector plan as part of the Integrated Development Plan of the local municipality of Mohokare in the Free State.
In June 1996, South Africa made a commitment at the Habitat II Conference in Istanbul, Turkey, to implement the Habitat Agenda. The Agenda is the guiding international policy for human settlements.
The Department of Housing is charged with the responsibility of co-ordinating the implementation of the Agenda. To do this, national policies that support the principles and the vision of the Agenda should be in place.
The Urban Development Framework is essentially the key policy document that will guide the implementation of the Habitat Agenda in South Africa. Besides the Framework, the Department has taken the opportunity offered by the Global Urban Observatory, and initiated an Urban Indicators Programme and a Local Best Practice Strategy.
information about the African Solutions Conference and others in the region, which deal with issues relating to sustainable development contact details of individuals and organisations active in the field of sustainable human-settlement development a database of relevant good practices information on technologies, building material and practices that support sustainable human-settlement development links to relevant research databases to source the latest research relating to sustainable human settlement.
The African Solutions Network also provides links to other websites and resources on the Internet.
Another initiative driven by the Department, which relates to Habitat II, is the Environmentally Sound Low-Cost Housing Task Team. The Team has been tasked with promoting environmental efficiency in the housing sector, and is working on the development of standards and guidelines, incentive programmes, a financing mechanism and general awareness-raising initiatives.
Department of Housing Estimates of National Expenditure 2003, published by the National Treasury Social Housing Foundation Thubelisha Homes National Urban Reconstruction and Housing Agency www.gov.
Bond, P. Cities of Gold: Townships of Coal: Essays on South Africa's New Urban Crisis. Trematon, New Jersey: African World Press, 2000.
Bundy, C. Rise and Fall of the South African Peasantry. 2nd ed. Cape Town: David Philip, 1988.
Harrison, P. et al. eds. Confronting Management: Housing and Urban Development in a Democratising Society. Cape Town: University of Cape Town Press, 2003.
Housing and the World of Work. Produced by the National Housing Initiative in association with AECI and Matthew Nell and Associates. Auckland Park, Johannesburg: National Business Institute, 1998.
James, W. ed. Houses for Africa: An Inspirational Source Book for Building and Finishing Your Home. Johannesburg: Emden Publishing, n.d.
Keegan, T. J. Facing the Storm: Portraits of Black Lives in Rural South Africa. Cape Town: David Philip, 1988.
Khan, F. and Thring, P. Housing Policy and Practice in Post-Apartheid South Africa. Johannesburg: Heinemann, 2003.
Rust, K. and Rubenstein, S. eds. A Mandate to Build: Developing Consensus Around a National Housing Policy in South Africa. Johannesburg: Ravan Press, 1996.
South African Home Owners Buyers' Guide: Design, Building, Renovating, Decorating, Garden and Outdoor, 1998/99. Johannesburg: Avonwold, 1998. Annual.
<fn>GOV-ZA.14jul20041En.2012-02-10.en.txt</fn>
(*) This is the unabridged version of a letter which appeared in the Sunday Times of 11 July 2004.
Well-directed and informed criticism is always something to be welcomed. That, after all, is the way institutions and individuals learn, and the way in which quality is improved and standards raised.
Over the past two weeks, Hogarth has levelled a number of criticisms at Statistics South Africa in general, and South Africa's statistician-general in particular (June 27 and July 4). Reflection on these criticisms, however, indicates that they are based on either misinformation or misunderstanding, and hence do not advance discussion on Stats SA's ongoing initiatives to improve the quality of data.
Hogarth's first comment ('What's a few billion between friends') raises three separate issues: the definition of unemployment; the calculation of the consumer price index (CPI); and measurement of sales in wholesale, retail and motor trade. In each area of discussion, Hogarth is mistaken: a cursory glance at Stats SA's labour force survey shows that unemployment is measured and reported on according to two definitions: the official definition, used by the International Labour Organisation for purposes of comparison between countries, which excludes what might be called 'discouraged job seekers'; and the expanded definition, which includes them. To suggest that Stats SA has somehow excluded 'discouraged job seekers' from its reporting on unemployment misunderstands the two definitions of unemployment, and misreads Stats SA's statistical releases on the labour market.
Hogarth then goes on to suggest that Stats SA 'brought about a fall in inflation' by discarding 'faulty data'. This comment is based on a misunderstanding of the dependency of CPI calculation on various data sources. When deficiencies in one of the data sources became apparent (rentals), a better source of information was sourced and substituted. This is common not only in statistical practice: after all, methodologies governing data gathering must always be subject to review, change and improvement. Without this, science easily descends to dogma.
Hogarth comments critically on Stats SA's introduction of an improved and expanded business register, used for drawing samples in economic surveys. Continuous improvement and expansion of a sampling frame, both to improve coverage and to take account of new developments in a dynamic economy, is a clear indication of dedication to continuous improvement in data quality. A logical consequence of this, which Hogarth appears to find mysterious, is more-accurate measurement of economic activity.
Hogarth's second comment ('And one for the road') seems to be based on a misunderstanding of the way in which national accounts are estimated, and gross domestic product (GDP) calculated. Quoting from the statistician-general's column in a rival newspaper, Hogarth seems to have missed the central points of that column: that quarterly GDP estimates are always preliminary, and are routinely revised on the basis of additional evidence that has become available by the time the subsequent quarter's estimates are released; and that benchmarking and rebasing are undertaken periodically as a matter of course, and are in line with international best practice. To suggest that there is something 'strange' in this is to seek conspiracy in what is both ordinary and transparent.
Finally, in a third comment ('Wrong again'), Hogarth completely misses the point in Stats SA's criticism of erroneous use of data in a South African Reserve Bank publication. Hogarth claims that, according to a report in a sister newspaper (Business Day), the statistician-general criticised employment figures published by the Bank as being 'too negative'. A reading of that report, however, reveals no reference to figures being 'too negative'. The report does set out Stats SA's critique of the way the Reserve Bank used certain data, particularly its attempt to compare data over 20 years which methodologically defies comparison. (A simple example: 1980 data on employment excluded the 'homeland' areas; data 20 years on included those areas. A simple comparison between 1980 and 2000 is therefore likely to mislead rather than inform).
The Business Day report referred to by Hogarth concludes by quoting the author of the Reserve Bank publication acknowledging that there were limitations in the data used, and 'that it would be wrong to conclude that employment in the formal sector had fallen over the 20 year period'. Hogarth has missed the point: this was precisely the basis of the statistician-general's criticism of the Reserve Bank publication - a criticism acknowledged by the author of the publication!
Perhaps Hogarth did not read as far as the final paragraph of the Business Day report, which renders the 'Wrong again' headline introducing Hogath's comments unusually pertinent.
<fn>GOV-ZA.14july20051En.2012-02-10.en.txt</fn>
In the last seven days of June, Statistics SA released 15 publications based on data derived from surveys and administrative records.
The publications covered core economic indicators, such as consumer and producer price indices; financial statistics for national and local government as well as the private sector; labour market data, including employment and unemployment; social statistics derived from a general household survey; and data on marriages and divorces.
In addition, releases over this period dealt with remuneration of employees, turnover of institutions, and general indicators of the state of the economy, such as civil cases for debt and statistics on liquidations and insolvencies.
The last week in each month is always a particularly busy time for Stats SA, with data on consumer and production prices always being released at this time.
However, the regular business of statistical collation and dissemination continues, albeit at slightly lower intensity, throughout the rest of the month.
For example, this second week of July sees seven releases, most of which are data sources for calculation of South Africa's national accounts, including estimation of gross domestic product (GDP). This week's releases include the standard monthly suite of trade sales (retail, wholesale and motor trade), monthly figures for production and sales in mining and manufacturing, as well as data on accommodation use by tourists and the generation of electricity. These data are a source for measurement of economic growth through quarterly GDP estimations.
The estimated volume of electricity consumed (available for distribution) for May increased by 1.7 percent compared with May last year. The consumption of electricity for the three months to May increased by 1.7 percent compared with the corresponding period.
However, the consumption of electricity for the three months, after seasonal adjustment, decreased by 0.1 percent compared with the previous three months.
Retail trade sales at constant (2000) prices for the three months to April increased 7.3 percent compared with the three months to April last year.
Similarly, retail trade sales at constant prices from January to April increased by 6.3 percent compared with January to April last year. Retail trade sales at constant prices for April increased by 9.2 percent compared with April 2004.
Total mining production for the three months to May, after seasonal adjustment, increased by 3.4 percent compared with the previous three months. This increase was due to a seasonally adjusted increase of 4.9 percent in the production of non-gold minerals during the first quarter compared with the fourth quarter of 2004.
This increase was mainly due to an increase of 4 percentage points in the production of platinum group metals.
Estimated manufacturing production for the three months to May increased by 1.7 percent after seasonal adjustment, compared with the previous three months.
Higher production was reported by seven of the 10 manufacturing divisions.
The major contributor to this increase was the petroleum, chemical products, rubber and plastic products division, which contributed 1 percentage point to total manufacturing production.
It was followed by the food and beverages division (contributing 0.8 percentage points), basic iron and steel, non-ferrous metal products, metal products, and machinery (0.8 percentage points), wood and wood products, paper, publishing, and printing (0.3 percentage points) and glass and non-metallic mineral products (0.1 percentage points).
However, these increases were counteracted by decreases reported by the furniture and other manufacturing division (0.8 percentage points), the textiles, clothing, leather and footwear division (0.2 percentage points) and motor vehicles, parts and accessories, and other transport equipment (0.2 percentage points).
Stats SA's survey of tourist accommodation is a monthly survey covering a sample of public and private enterprises involved in the short-stay accommodation industry. Not as prominent as, for example, surveys of manufacturing, or retail and wholesale trade, the results are nonetheless significant, being used to compile estimates of the tourism satellite accounts and GDP.
These statistics are also used in the analysis of comparative business and industry performance.
In the first quarter, income from accommodation was R2.0052 billion, an increase of 0.7 percent from the last quarter of 2004.
However, the number of stay unit nights sold during the first quarter decreased by 0.6 percent to 4.57 million compared with the last quarter of last year. This decrease could be due to the smaller number of calendar days in the first quarter (90 days) compared with the last quarter (92 days). The occupancy rate for the first quarter (50.3 percent) increased by 0.8 percent.
Stats SA's cycle of statistical dissemination tends to reach its peak in the last week of each month.
However, in the intervening weeks, the ongoing publishing programme remains substantial, reflecting the output of at least a medium-sized publishing house.
Pali Lehohla is South Africa's statistician-general and the head of Statistics SA. For more information on Stats SA and its statistical outputs, visit www.statssa.gov.
<fn>GOV-ZA.14june20071En.2012-02-10.en.txt</fn>
Evaluating the quality of statistics is no easy matter and is often an arena of contestation. Statistics that measure progress in implementing policy, for example, are often challenged, not just because of accuracy, but because of the competing interests represented in any democratic political order. This occurs in similar ways in other areas, where there is competition over resources, positioning and influence, depending on the agendas of competing socio-economic interests.
This explains why it is often so difficult to evaluate specific criticisms of particular statistics. It is because criticism of statistics without exploring the basis of their collection rarely goes to the heart of statistical quality.
Evaluating the quality and accuracy of statistical measurement necessitates examining the infrastructure that underpins collection and processing of data. This includes both physical and conceptual or intellectual infrastructure.
To be usefully comparable over time, statistics need to be collected and analysed according to coherent and consistent classifications, standards, concepts and definitions. This is part of the intellectual infrastructure of statistical practice.
The way this form of statistical infrastructure is captured and stored, and the procedures for its updating, amendment and retrieval, are important indicators of statistical quality.
For some time, Statistics SA has been developing a central system for intellectual infrastructure such as classifications, definitions, concordances and code files.
This uses database technology to provide centralised storage, maintenance and access facilities for classification data used both in the development and processing of surveys, and in the subsequent analysis and evaluation of the data.
In addition, it contributes to improved data quality by using computerised data documentation, or metadata, to support the application of standard data item definitions and classifications.
It facilitates the comparison and analysis of data by storing comparisons between different versions of classifications and different classifications, and facilitates the creation of code files (a comprehensive list of probable survey responses and the categories to which they are coded) used in processing results.
Without this centralised infrastructure, accurate measurement can be compromised.
Consider, for example, tourism as a contributor to economic activity. The definition of a tourist is central to the accuracy of this measurement, yet those collecting data on tourism have historically defined it in different ways.
A person travelling to a place other than that of his or her usual environment for less than 12 months and whose main purpose of the trip is other than the exercise of an activity remunerated from within the place visited.
A standard definition of tourism used by all parties measuring the contribution of tourism to the economy is clearly needed to compare and evaluate the quality of data.
Integrity (institutional arrangements that ensure professionalism, transparency and ethical standards on the part of the agency collecting data and producing statistics).
Stats SA's Data Management and Information Delivery is the vehicle though which the components of statistical infrastructure are brought into one system, enabling consistent and standardised capture, storage, amendment and retrieval of the elements required for sound evaluation of statistical quality. This infrastructure will allow for more informed evaluation of the accuracy of statistical measurement.
<fn>GOV-ZA.14march20081En.2012-02-10.en.txt</fn>
Municipalities play a pivotal role in the delivery of the basic social services necessary to improve the living standard of South Africans. Yet it is sometimes difficult to establish what progress individual municipal structures are making in meeting this core obligation, and how each municipality is performing compared with provincial and national averages.
Municipalities collect and collate information on delivery of services in their respective areas.
They have a large amount of data that can be used to profile the households residing within the municipal area, through billing records, valuation of properties and databases recording electricity and water consumption.
However, this data is of variable accuracy, reliability and quality. Different methods of collection and recording often make comparisons between different municipalities extremely difficult.
With these gaps in data and information in mind, Statistics SA conducted a community survey in February last year. This was a stratified, multistage probability survey that reached out to 284 000 households, designed to provide information on each municipal area.
The first results of this survey, released last October, provided a picture of delivery of services at national and provincial level. This week, Stats SA released municipal-level information detailing the progress that has been made in delivering basic services within each municipal area.
This week's release of data from the survey provides information at national, provincial and municipal levels, with data for selected variables summarised for each local municipality and compared with national and provincial averages.
Variables reported on for each municipality include the type of dwelling occupied by households, use of electricity, sanitation, access to water and refuse removal.
The survey reports that six of the nine provinces recorded higher averages living in formal dwellings when compared with South Africa as a whole (70.6 percent). These are Western Cape (83.4 percent), Limpopo (83.2 percent) Northern Cape (80.4 percent), Mpumalanga (77 percent), Gauteng (73.5 percent) and Free State (71 percent).
Three provinces recorded higher percentages of households living in informal dwellings, compared with South Africa as a whole (14.4 percent): Free State (18.4 percent), Gauteng (22.7 percent) and North West (23.8 percent).
Free State, North West and Western Cape had the highest percentages of municipalities whose proportion of households using electricity for lighting exceeds the national average of 80 percent. Overall, 54 percent of the municipalities had higher proportions of their households using electricity for lighting than the national average.
According to the survey, pit latrines are most common in Limpopo (64.5 percent) and least common in Western Cape (0.8 percent). Bucket toilets are mostly used in Free State (12.7 percent), Northern Cape (4.4 percent), and North West (4.2 percent). The national average is 2.2 percent.
While it is clear that there has been an overall increase in the rate of delivery of core municipal services, it is equally clear that some municipalities have a long road to travel before they reach national and provincial averages.
Pali Lehohla is South Africa's statistician-general, and head of Statistics SA. For more information and the latest reports from the Community Survey, visit www.statssa.gov.
<fn>GOV-ZA.14may2010questionno1430En.2012-02-10.en.txt</fn>
The Chairperson, Dr Brigalia Bam, said she was excited to be involved in a project like this where the IEC can give back to the community and put our election messages to good use.
From the moment Nelson Rolihlahla Mandela strode out of prison on the 11th of February 1990, we knew that South Africa would be a different place. In celebrating this selfless contribution, we are joined by the whole world, as the 18th of July has been recognised by the United Nations as Nelson Mandela International Day.
<fn>GOV-ZA.14nov2008En.2012-02-10.en.txt</fn>
Salary scale: R145 920 - R169 410 per annum (Level 8) (Ref.
Requirements: 3-year qualification/equivalent qualification or Senior Certificate with at least 8 years' relevant experience in the field Broad knowledge of procurement systems At least 5 years' experience as a supervisor Good understanding of Public Service, rules regulations and policies and supply chain management frameworks Understanding of business plans Knowledge of Public Finance Management Act Computer literacy Code 08 driver's licence.
Monitor submissions and memorandums of tenders and orders.
Requirements: 3-year qualification in Human Resources/equivalent qualification or Senior Certificate with at least 3 years' relevant experience in the field of Human Resource Broad knowledge of Human Resource and extensive understanding of recruitment and selection processes, rendering conditions of service and PERSAL system is critical Good understanding of Public Service rules, policies and regulations In-depth knowledge of and ability to use PERSAL functions is critical Knowledge of establishment functions, EC 5.1. Competencies: Computer literacy Well-developed both verbal and written communication skills Problem solving ability Driver's licence.
Salary scale: R47 787 - R53 316 per annum (Level 2) (Ref.
Requirements: Grade 10 qualification or equivalent qualifications Code 08 driver's licence - possession of PDP would be an added advantage At least 5 years' driving experience Reading and writing skills.
Duties: Deliver and collect documents Deliver and collect goods.
Salary scale: R94 326 - R109 515 per annum (Level 6) (Ref.
Code 08 driver's licence State Tender Board, Asset Control and other relevant areas. Competencies: Good interpersonal and organisational skills Communication skills (verbal and written) Ability to work independently and under pressure.
Salary scale: R117 501 - R137 976 per annum (Level 7) (Ref.
Report writing and record keeping skills Computer literacy Code 08 driver's licence Knowledge of developmental child and youth policies, legislation and procedures Ability to lead a large team of child and youth care workers.
Facilitate care plan and individual development programme meetings Deal with disciplinary matters Responsible for daily programme activities Member of the institution management Responsible for the training programme of child and youth care workers.
Salary scale: R217 482 - R252 483 per annum (Level 10) (Ref.
Requirements: Degree or diploma in Social Work Registration with SA Council for Social Service Professions as a Social Worker 5 years' experience as a supervisor Code 08 driver's licence Computer literacy A postgraduate degree will be an added advantage. Competencies: Knowledge of and implementation experience with regard to Provincial and National Policy frameworks Sound communication and interpersonal skills Planning, organising and controlling skills Demonstrate an ability to network with strategic stakeholders Sound knowledge of the functioning of the non-profit sector Implementation of the PFMA and financial regulations and policies. Duties: Monitor, evaluate and render support to funded and non-funded services Facilitate the development of community-based programmes and projects Facilitate the establishment of inter-sectoral structures with stakeholder and other departments Oversee the functioning of the sub-programme Design and implement statistical data Manage and interpret statistical data Mobilise and facilitate the development and utilisation of resources Implement the Performance Management Development System Facilitate the implementation of the provincial strategies and norms and standards for service delivery.
Requirements: Degree or diploma in Social Work Registration with SA Council for Social Service Professions as a Social Worker 5 years' experience as a supervisor Code 08 driver's licence Computer literacy A postgraduate degree will be an added advantage. Competencies: Knowledge of and implementation experience with regard to Provincial and National Policy frameworks Sound communication and interpersonal skills Planning, organising and controlling skills Demonstrate an ability to network with strategic stakeholders Sound knowledge of the functioning of the non-profit sector Implementation of the PFMA and financial regulations and policies.
Mobilise and facilitate the development and utilisation of resources Implement the Performance Management Development System Facilitate the implementation of the provincial strategies and norms and standards for service delivery.
Salary scale: R174 243 - R210 489 per annum (Level 9) (Ref.
Requirements: Degree or diploma in Social Work Registration with the SA Council for Social Service Professions as a Social Worker 5 years' experience in Developmental Social Welfare Programmes Code 08 driver's licence Computer literacy.
Sound knowledge of the functioning of the non-profit sector Project management. Duties: Monitor, evaluate and render support to funded and non-funded services Facilitate the development of community-based programmes and projects Establish inter-sectoral structures with stakeholders and other departments Design and implement district strategic, annual performance and operational plans Manage and interpret statistical data Mobilise and facilitate the development and utilisation of resources Manage and maintain a database and prescribed registers Facilitate recruitment and training.
Sound knowledge of the functioning of the non-profit sector Project management.
Duties: Monitor, evaluate and render support to funded and non-funded services Facilitate the development of community-based programmes and projects Establish inter-sectoral structures with stakeholders and other departments Design and implement district strategic, annual performance and operational plans Manage and interpret statistical data Mobilise and facilitate the development and utilisation of resources Manage and maintain a database and prescribed registers Facilitate recruitment and training.
Requirements: Degree in Social Work Registration with the South African Council for Social Service Professions as a Social Worker A valid Code 08 driver's licence will be an added advantage Computer literate.
Implement integrated services to children, youth and families Establish child care forum in area of operation Identify orphans and vulnerable children in area of operation.
Requirements: An appropriate Bachelor's degree in Social Science specialising in Community Development, Development Studies or Social Development and other related studies OR an appropriate recognised 3-year Economic Science degree Knowledge of the functioning of NGOs, CBOs, FBOs and other related stakeholders Driver's licence will be an added advantage.
Competencies: Theoretical understanding of and practical experience in/ exposure to community development issues Demonstrate a facilitative approach to motivate constructive participation in programme development and implementation Ability to document and report on programmes and projects according to required format Communication, interpersonal, organisational and planning skills Computer literate.
Monitor, evaluate and render support services to funded programmes/projects.
Requirements: BA degree in Social Work Registration with the South African Council for Social Service Professions (SACSSP) 5 years' experience as a Chief/ Principal Social Worker in a supervisory position A valid Code 08 driver's licence.
Monitor funded NGOs and priority projects and reports for all operational plans Implement integrated services in the programme Establish stakeholder forums Establish statutory boards and NPO liaison structures Co-ordinate services to those in need in the area of children older persons, the disabled, HIV/ AIDS, crime prevention, victim empowerment, social relief, care and support to families and substance abuse.
Salary scale: R76 194 - R89 346 per annum (Level 5) (Ref.
Requirements: Grade 12 or 10 or equivalent with 5 years' experience in warehousing and control Computer literacy. Competencies: Trustworthy and honest Good communication skills Good interpretation of prescripts relevant to the function Understanding of Supply Chain Management Good interpersonal relations Understanding of PFMA and Treasury Regulations, including the departmental policies governing the asset and inventory management.
Record items in relevant standard documents Responsible for safe custody of all ordered items before issue to the end users.
Requirements: Grade 12 or equivalent with 2 years' experience as a receptionist Computer literacy.
Competencies: Communication and interpersonal skills Making requisitions for the Institution Understanding of policies, acts and regulations in the Public Service including other financial control.
Duties: Receive correspondence from different stakeholders Attend to visitors of the manager of the Institution Switchboard operator Maintain filing.
Requirements: Grade 9 or ABET or equivalent qualification with 2 years' experience Industrial operational knowledge of stoves and other kitchen equipment Ability to read and write Good communication and interpersonal skills.
Operate kitchen equipment Responsible for cleaning and hygiene of kitchen.
Requirements: Qualified artisan, minimum N2 or trade certificate 2 years' experience in instructing service Good managerial and computer skills A valid driver's licence will be an added advantage.
Duties: Conduct training in welding Manage and supervise educational activities of trainees Assess and issue certificates Responsible for on-site Occupational Health and Safety.
Requirements: ABET/Grade 9 Ability to read and write.
Duties: Clean grounds Load and off-load goods Prune trees, cut grass and any other assistance as instructed by supervisor.
Requirements: A minimum Grade 12 Certificate Ability to work extended hours Ability to work under pressure and willingness to work overtime when the need arises, sound communication, interpersonal relations and telephone etiquette Computer literate with excellent understanding and applications of Windows, MS Word, Excel, Outlook and PowerPoint programmes.
Ensure and maintain travel and subsistence claims for the District Co-ordinator/ Area Manager.
Ability to implement Labour Relation Procedures in a highly unionised environment Project management, research and analytical skills Ability to monitor and evaluate the impact of service delivery Possess competencies to work in multidisciplinary teams in service delivery improvement programmes in the region, planning and organising skills Ability to work under pressure and display initiative An understanding of Public Sector transformation and equity issues Computer literacy, presentation and facilitation skills, including sound report writing abilities Financial management.
Ensure that all the administration functions required in the unit are performed to the required standard Co-ordinate and facilitate the development, implementation and management of community development and co-operatives, Batho Pele, HIV/AIDS Community-based Care and integrated and development programmes Manage and monitor service delivery through networking and in close partnership with stakeholders and funded service providers.
Ability to work extended hours Valid driver's licence Ability to work under pressure, good communication and interpersonal relations, financial and Supply Chain Management skills Sound analytical, statistical and problem solving skills Computer literacy.
Establish and maintain appropriate systems to ensure effective and efficient risk management, internal controls and resource management Responsible to monitor, check and support the systems and accounting section (payments of subsistence and transport claims as well as cashier's office) Supervise all revenue collection functions within the district.
Knowledge of PFMA Good written and verbal communication skills, customer care, people management, change management, co-ordination and planning.
Supervise staff in the district.
Requirements: A Bachelor's degree General knowledge of Government policies and social development policies will be an added advantage Willingness to travel, work irregular hours A valid Code 08 drivers' licence.
Problem solving Ability to meet strict deadlines.
Provide financial management support for the District Co-ordinator.
Requirements: An appropriate Bachelor's degree in Social Science specialising in Community Development, Development Studies or Social Development and other related studies OR an appropriate recognised 3-year Economic Science degree Driver's licence is essential. Competencies: Theoretical understanding and practical experience in/ exposure to community development issues Demonstrate a facilitative approach to motivate constructive participation in programme development and implementation Ability to document and report on programmes and projects according to required format Communication and interpersonal skills, organisational and planning skills Computer literate.
Facilitate the development of community profiles utilising contextualised Participatory Development Methodologies Facilitate the development and alignment of Business Plans to the Logical Framework Appraisal (LFA) Mobilise and facilitate the development and utilisation of resources from various Departments towards the implementation of Integrated Development Plans in each Local Municipality Assess application for funding to the Department by community organisations Monitor, evaluate and render support services to funded programmes/projects.
Requirements: Degree in Social Work Registration with the South African Council for Social Service Professions as a Social Worker Knowledge of the normal development of children, developmental assessment of children and behaviour management A valid Code 08 driver's licence will be an added advantage Computer literate.
Implement integrated services to children, youth and families Establish child care forum in area of operation Identify orphans and vulnerable children in area of operation Conduct assessment aimed at identifying conditions of individual groups, families and communities that justify relevant interventions Provide continuous support, counselling, guidance and advice to affected individuals, groups, families and communities.
Requirements: Degree in Social Work or Probation Work Registration with the SA Council for Social Service Professions Knowledge of working with children in conflict with the law as well as court work Knowledge of applicable legislation and policies Code 08 driver's licence will be an added advantage.
Liaise with different stakeholders Establish Child Justice Committees.
Requirements: Degree in Social Work Registration with the South African Council for Social Service Professions as a Social Worker 5 years' experience as a Social Worker with 2 years' experience in supervisory work A valid Code 08 driver's licence Computer literacy.
Perform all administrative functions required of the job.
Strong theoretical understanding and practical experience in/exposure to community development issues Certificate in Project Management will be an added advantage A valid Code 08 driver's licence. Competencies: Knowledge of theory and practice of Community Development as an intervention strategy Demonstrate ability to supervise and support development personnel or staff at local office level Demonstrate a facilitative approach to motivate constructive participation in programme development and implementation Ability to document and report on programmes.
Communication skills (verbal and written) Knowledge of PFMA and Supply Chain Management Knowledge of MIS will be an added advantage A valid driver's licence will be an added advantage. Duties: Conduct record and document management, both manually and with advanced computer systems (registry work) Procure and provide goods for the district office Arrange and co-ordinate meetings, workshops, seminars, etc with officials and/or relevant stakeholders Provide logistic support functions, such as transport administration and monitor budget expenditure patterns and monthly projections for the unit.
An all-inclusive SMS remuneration package of R675 276 per annum. This is a flexible remuneration package which includes a basic salary, 13th cheque, car allowance, medical assistance and pension fund contribution which can be structured according to the individual's personal needs in terms of applicable rules (Ref.
Requirements: This dynamic post calls for a capable person in possession of a degree in Social Work/Social Science/Community Development/Developmental Studies with a minimum experience of 3 years at senior management level Be a strategic thinker, have expert knowledge of the departmental constitution mandate and relevant policies and legislation Knowledge of the Department's service delivery model, including the Integrated Service Deliver Model, customer care (Batho Pele) 0 Leadership qualities with strong managerial and networking skills and highly developed operation capacity Knowledge of current international trends in Social Development including understanding of the Public Service Act, PFMA, procurement process and policies related thereto Expert understanding of the district development, facilitation, co-ordination and management skills Code 08 driver's licence Computer literacy A Master's degree will be an added advantage.
Ensure implementation of Batho Pele, develop partnership and manage interdepartmental relations Provide strategic direction and leadership to the district managers Ensure monitoring and evaluation of departmental projects and programmes at district level, including interpretation of key legislation relevant to the districts.
Salary package: R344 052 per annum (all-inclusive package) (Level 11) (Ref.
A postgraduate degree will be an added advantage Full knowledge of the Public Service legislation Computer literacy is compulsory Code 08 driver's licence is compulsory.
Capacity build branch staff on budget management, including the NGO Unit at Provincial and District Level Determine risks in the implementation of branch directives Establish management and control systems Assist in financial reports for NGOs and priority projects.
Salary package: R344 052 per annum (all-inclusive) (Level 11) (Ref.
5 years' experience in Government Transport as Assistant Manager Valid driver's licence (compulsory) Computer literacy Knowledge of PFMA and Supply Chain Management.
Administrate Government subsidised motor scheme Compile and maintain subsidised Government vehicle fleet asset register Overall monitoring on the utilisation of Provincial and District subsidised vehicles Develop procedures and disseminate information regarding changes in policies Manage PPP contract on outsourced Provincial Fleet management operations Ensure that vehicles are utilised for official purposes only Ensure compliance to policies regulating transport Proper management and co-ordination of Department of Transport section.
Requirements: Matric or 3-year National Diploma in Finance or Public Management with 5 years' experience performing reconciliation for Government fleet Valid driver's licence (compulsory) Computer literate.
Manage, control and authorise the hiring of the ad hoc vehicles Co-ordinate the running and maintenance of Departmental vehicles through acts and regulations Manage documentation centre.
Salary scale: R76 194 - R89 345 per annum (Level 5) (Ref.
Distribute and follow up on traffic fines Manage driver's licenses Inspect that vehicles are regularly serviced.
Requirements: 3-year degree/National Diploma in Finance, Logistics/ Purchasing/Supply Chain Management and 2 years' experience in acquisition/ demand Matric with 5 years' experience in acquisition/demand Computer literacy Valid driver's licence.
Duties: Evaluate and process requests Facilitate the compilation and approval of Terms of Reference/specifications Compile detailed, clear and unambiguous specifications and terms of reference including clear evaluation criteria Report on spending pattern of the Department.
Skills and knowledge: Detailed knowledge of PPFA and Supply Chain Management prescripts Public Finance Management Act relating to Supply Chain Management Treasury Regulations Planning and organising Communication and report writing Interpersonal relationship.
Experience in work-study techniques, procedures and methods Willingness to work overtime from time to time.
Competencies: Computer literacy, problem solving, planning, co-ordinating and organising skills Presentation, communication (written, verbal and liaison) and research skills Well-developed report writing, time management, training and motivation skills Project management, people management and benchmarking skills Self-starter, accurate, team player, ability to work under pressure and independently, logical thinker.
Determine the office space requirements for the Department according to the organisation and staff establishment in line with the prescribed measurements.
Requirements: A 3-year qualification in Human Resources/equivalent qualification or Senior Certificate with at least 5 years' relevant experience in Human Resources Broad knowledge of Human Resources and extensive understanding of best practice recruitment, selection processes and rendering conditions of service 5 years' experience as a supervisor A good understanding of the Public Service rules, policies and regulations In-depth knowledge and ability to use PERSAL functions is critical Computer literacy.
Duties: Responsible for a variety of administrative duties related to staff provisioning and conditions of service Ensure efficient and effective processing of service benefits and incentives of all employees Monitor and manage HR processes at operational level Supervise and manage personnel/staff Promote staff and management training on Human Resource Planning and PERSAL-related functions.
Excellent reporting, facilitation and presentation skills Valid driver's licence.
Provide regular population estimates and projections Provide technical support to various stakeholders Planning, budgeting and human resources management.
Outstanding and high level of accuracy.
Develop templates for close monitoring of programme initiatives Organise programmatic processing and verification of finalised data for incorporation into the database Constantly update database of the programme Prepare monthly quarterly and annual reports Record, cluster, categorise, code, analyse and interpret data from various district points Data capture and enter into Evaluation Information Matrix Graphical presentation of data Ensure proper filing both manually and electronically Type, print, photocopy, e-mail and fax documents as required.
The Department of Social Development is an equal opportunity, affirmative action employer.
Applications must be submitted on form Z83, obtainable from any Public Service department and must be accompanied by a comprehensive CV and certified copies of Identity Document and qualifications. Candidates must please indicate the reference/centre of the post he/she is applying for and fill in a separate application form for each post, if applying for more that one post. No faxed applications will be accepted.
Please forward your application, quoting the relevant reference number, to Bhisho: The Head of Department, Department of Social Development, Private Bag X0039, Bhisho 5605 or hand delivered at Phalo House, 1st Floor, Room 124, Bhisho, for the attention of Ms N Dwadwa, (040) 608-9020.
Nelson Mandela Metro: The District Co-ordinator, Department of Social Development, Private Bag X3906, North End 5056 or hand delivered at Room 208, Ibhayi Building, Straundale Road, for the attention of Ms C May. Enquiries may be directed to Ms May at (041) 406-5765.
<fn>GOV-ZA.14oct20041En.2012-02-10.en.txt</fn>
Statistics should do more than measure something at one point. To be useful, statistics should also be able to constitute a basis for comparison.
Such comparisons might measure a change over time. For example, the number of households with access to a tap in 1996 compared with the number in 2001.
Or they might measure the same variable in different areas withina country. For example, the percentage of people employed in each of South Africa's nine provinces compared with the percentage in the country as a whole.
In some cases, statistics can measure variables across countries. For example, the rate of change in consumer inflation in France in July 2004 compared with the equivalent rate in South Africa for the same month.
To be meaningful, these sorts of comparisons must be based on equivalence. In other words, like must be compared with like.
In statistical terms, this necessitates the use of common standards, classifications and definitions. Failing this, the basis of comparison will be flawed.
This goes to the heart of the often-repeated confusion over the two definitions used in the measurement of unemployment in South Africa.
The distinction between these two measures is more than just semantic.
In the official definition, the unemployed are those people within the economically active population who: did not work during the seven days prior to the interview; want to work and are available to start work within two weeks of the interview; and have taken active steps to look for work or to start some form of self-employment in the four weeks prior to the interview.
In the expanded definition, the third criterion (some sort of work-seeking activity) is dropped.
The expanded definition will therefore include, as unemployed, those who might be termed "discouraged job seekers".
This would cover those who said they were unemployed but had not taken active steps to find work in the four weeks prior to the interview, perhaps because they did not feel they had any chance of obtaining work, or because the costs of travelling from home to an area where work might be available were prohibitive, or because of an absence of transport from home to an area where work might be available.
Many discouraged job seekers will be found in rural areas distant from the major cities and towns.
The difference in measurement, depending on which definition is used, can be substantial.
For example, in the March 2004 labour force survey, the results of which were released at the end of September, 27.8 percent of the economically active population was unemployed. On the expanded definition, this rose to 41.2 percent.
The International Labour Organisation uses the official definition of unemployment as its basis for comparison of labour market statistics between countries. That is why Stats SA collects data on unemployment using this definition.
However, in countries with high rates of unemployment, and uneven economic development between and within regions and provinces, the official definition is likely to exclude substantial numbers of discouraged job seekers.
That is why Stats SA also collects and reports on data using the expanded definition.
Some callers to a recent talk radio show on this subject suggested Stats SA was part of a conspiracy to hide unemployment by using the official definition, and did not seem aware that unemployment was also reported on using the expanded definition.
Others criticised Stats SA for not taking account of discouraged work seekers in its measurement of unemployment, failing to note that this is precisely what is done using the expanded definition. There is no conspiracy in the way Stats SA's labour force survey measures, and reports on, unemployment.
This is undertaken in two different ways, both of which are presented clearly, and are based on transparent and established methodologies.
Stats SA's way of reporting on unemployment both facilitates comparison with other countries, while also taking account of the socioeconomic circumstances that might create a large number of discouraged job seekers not included as unemployed under the official or narrow definition.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, including the most recent labour force survey release, visit www.statssa.gov.
<fn>GOV-ZA.14september20061En.2012-02-10.en.txt</fn>
Last week's release of Statistics SA's report on adult mortality was accompanied by extensive discussion and comment.
In some ways, this was surprising, because the data on which the report was based had been in the public domain for some time, and had already been subject to analysis.
On the other hand, the health of citizens is a concern in all countries, and understanding the causes of death is crucial for effective policy planning and intervention to improve rates of survival. Analysis of mortality trends underlies the development of programmes to reduce mortality from HIV/Aids, malaria, tuberculosis, non-communicable diseases such as diabetes, asthma and hypertension, as well as unnatural causes.
In June, Stats SA released data on registered deaths between 1997 and 2004 by age, sex and year of death. Last week's report was based on a subset of this data, analysing death rates by age, sex, year and cause of death for people between ages 15 and 64.
The methodology used to estimate the percent of deaths that are registered is the same as that used to estimate the mid-year population size and the prevalence of HIV, and is used by both the UN Programme on HIV/Aids (UNAids) and the department of health. This methodology applies consistent procedures to produce mid-year population estimates, to estimate the percentage of deaths registered, and to estimate the prevalence of HIV by age and sex.
The co-operative effort between Stats SA, the department of health and UNAids, and the application of a consistent methodology across a number of areas, helps ensure that analyses and conclusions based on the data are the result of real patterns rather than sometimes unsound assumptions about levels and trends in population phenomena.
The latest data on mortality found that death rates rose between 1997 and 2004 for every five-year age group for each sex, except for males between age 15 and 19. Some of the increases in death rates were very large. For example, the death rates more than tripled for females between ages 20 and 39, and more than doubled for males between ages 30 and 44.
For young and old, increases in death rates were smaller. For each sex, for those between ages 15 and 19 and between 55 and 64, death rates between 1997 and 2004 increased by 20 percent or less.
Overall, death rates from infectious diseases more than tripled for males and increased almost fivefold for females between 1997 and 2004. A large part of this increase can be attributed to HIV, where death rates have a distinctive age pattern in which there is an increase to a given age and then a rapid decline at older ages. This peak occurs at between ages 30 and 34 for females, and between 35 and 39 for males.
Many HIV deaths are registered as due to some other cause. Based on the age pattern of death rates by sex, it is likely that a high proportion of deaths registered as due to parasitic diseases and maternal conditions are caused by HIV.
This non-reporting of HIV deaths probably conceals how many actual deaths result from HIV. A challenge for researchers is to find a way to determine how many deaths are actually caused by HIV. Until that has been accomplished, it is not possible to know how many HIV deaths there are by age, sex and year of death.
Between 1997 and 2004 there was virtually no change in overall cancer death rates for either sex, with cancer death rates actually declining for those between 50 and 64.
There has been concern about mortality from malaria, especially as drug-resistant strains of the disease have become common. Malaria death rates rose between 1997 and 1999, and declined between 1999 and 2004, although the overall death rate from malaria in 2004 was 45 percent higher than the 1997 value for males, and the overall death rate from malaria in 2004 was 93 percent higher than the 1997 rate for females.
Diabetes has also been of growing concern. Adoption of a Western diet, with lots of fat and few fruits and vegetables often leads to obesity. This increases the risk of Type 2 diabetes, which can be fatal. For each sex, death rates from diabetes and obesity rose between 1997 and 2004. Female death rates were higher than male death rates, but the gap narrowed over time. Obesity and diet are an increasing concern for all South Africans.
Mortality rates from unnatural causes, such as homicide, changed little between 1997 and 2004, although they declined between ages 15 and 19, and older.
The risk of unnatural death has variations across the seasons. It is 25 percent higher on a day in December than in other months. Thus, the holiday period is especially risky for several unnatural causes of death, including use of firearms, knives, transport, drowning and falls.
The findings in the adult mortality report give more detail of the causes of adult mortality than has been available previously. However, speculation that this reflects a change in the way mortality data are being interpreted is erroneous. On the contrary, it is the consistency of the methodologies used - not only for data, but also mid-year population estimates and HIV prevalence rates - that allow for a more comprehensive profile of our population.
<fn>GOV-ZA.14septmediaroadshowEn.2012-02-10.en.txt</fn>
The EPWPteam in the Eastern Cape has linedup an interesting programme for us, that combines some reflection on the actual progress andimplementation of the EPW Pin the province, along with on site project visits that provide the opportunity to talkto and see beneficiaries currently workingon projects.
This afternoon we will be visitingan environmental sector project which also has possibilities in the economic sector, namely the Mdantsane Greeningproject, which is fundedby the National Department of Environmental Affairs andTourism with an overall budget of R6.8million. The project is focusedon creatingwork opportunities coupledwith training, largely through the rehabilitation of the environment, with the aim of benefitingthe community environmentally andeconomically through the workopportunities, but also the possibility of engagingSMMEs. The project employs 220people, some of whom are undergoingtechnical training, and forms part of both the urban renewal programme andthe EPW P.
Thursday's programme starts with an event in Queenstown, coordinatedby the province, to honour women in construction, and as Imentionedearlier in this speech, the EPWPis committedto enhancingthe prospects of women in the labour market, andso I lookforwardto beingpart of the process of highlightingthe achievements of women.
W e will take time tomorrow afternoon to visit some learners engaged in trainingunder what is one of the cornerstones of this programme, the EPWPContractor Development Learnership programme. This is a two-year trainingprogramme that gives contractors the opportunity to learn how to implement labour intensive construction infrastructure projects.W e are grateful to the Construction Education andTrainingAuthority (CETA),which is the principle partner in managingthis programme.
Our final visit in your province is to a Vukuzakhe project site in the Chris Hani district municipality, which is one of your championed projects with the potential to be expandedinto other sectors, as I've also mentionedpreviously. Vukuzakhe refers to a provincial road andinfrastructure maintenance system that is aimedat alleviating poverty andreducingunemployment by creatingproductive work opportunities in what are often the most impoverishedareas of the province. Not unlike Zibambele in KwaZulu Natal, Vukuzakhe focuses on householdrather than individual contracts, as a way of addressingthe needto breakthe poverty cycle on a larger scale.
Iwant to thankour honourable hosts from the province for hosting us over these two days, andfor givingus access to EPWPprojects duringthis time. Imust also congratulate you for your commitment to the implementation of the EPWPin the province, andyour very real attempts to improve andscale up on what has provedto be an effective government initiative in reducingthe crushingeffects of poverty andunemployment in our country.
<fn>GOV-ZA.14thsummitEn.2012-02-10.en.txt</fn>
Addis Ababa, 31ST January 2010 - "2010 will be a year of many challenges. While in the past few years, the number of violent conflicts has been significantly reduced, thanks to the collective determination and efforts of Africa, far too many African countries remain trapped in a vicious cycle of conflict with its attendant deadly consequences. Armed conflicts in Africa kill thousands of people every year; create humanitarian disasters; wipe out livelihoods of ordinary people; and make sustainable economic development impossible. There is also a more profound loss: the destruction of hope for a better future".
Addis Ababa, Ethiopia 31 January 2010- It was a memorable day for African scientists today when, for the first time, through the AU, Africa expressed its gratitude to science by awarding two African scientists with awards for excellence.
OPENING REMARKS BY H.E. DR.
INFORMATION SHEET N1 -Emerging global knowledge economy and Africa: Knowledge and innovation are sources of economic growth and welfare across world economy.
SPEECH OF H. E.
27 January 2010-The Chairperson of the African Union Commission Mr. Jean Ping, would like to invite all the Ethiopian press and correspondents of the international press working in Addis Ababa, to the African Union Commission annual breakfast on the occasion of the New Year. INVITATION (en / fr)
The Secretary to the African Union Commission, Ambassador Jean Mfasoni, addressed journalists today, Monday 25 January 2010, at a press conference that took place in the AU Media Center, within the framework of the 14th Ordinary Session of the AU Summit that officially opened this day at the level of the Permanent Representatives Committee (PRC).
Fax.
<fn>GOV-ZA.15003En.2012-02-10.en.txt</fn>
Recycling is the process by which materials otherwise destined for disposal are collected, remanufactured and reused. This includes materials such as, paper, cardboard, tins, glass and certain types of plastic.
<fn>GOV-ZA.15009En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.15020En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.15022011En.2012-02-10.en.txt</fn>
on what date (i) did each mine apply for the licence and (ii) was the licence awarded NW2040?
whether the cause of the deformities was stopped; if not, why not; if so, what are the relevant details in each case NW2041?
whether the owners of this vessel are permitted to land whole sharks as part of their catch; if not, why not; if so, what are the relevant details NW2042?
Whether she has delegated the authority of making decisions on the awarding of gas exploration licences to another entity or person; if not, why not; if so, (a) to which entity or person and (b) on what date was the authority delegated NW2043?
whether she intends commissioning research on alternative management methods for damage-causing animals; if not, why not; if so, when NW2045?
what is the (a) actual and (b) optimal number of staff for (i) social workers, (ii) auxiliary social workers, (iii) home based carers and (iv) any other relevant profession at each of these facilities NW2047?
<fn>GOV-ZA.15032010En.2012-02-10.en.txt</fn>
Mpumalanga Safety, Security and Liaison Head of Department, Mr. Isaiah Khoza says it is all systems go in terms of safety and security for the World Cup.
The department had dry-run games at Thulamahashe, Bushbuckridge on Saturday to test its readiness on safety and security.
An incident-free event saw a strong crowd attend the soccer semi-finals of four local teams.
Khoza said all safety and security sector stakeholders' plans were ready for implementation during the international soccer tournament. The plans included the resources and personnel.
He appealed to the community to assist the police to ensure safety of foreign and domestic tourists who are expected to flock into the country for the World Cup.
"If we fail now to deliver, we would have failed many African's generations, and they will question our integrity long after we had gone from earth," said Khoza.
He said that many detractors have ruled out South Africa' s ability to deliver a world-class soccer tournament, citing crime as one of the reasons.
We must not fall into the trap of our detractors, because they will blow small incidents out of proportion in an effort to justify the perceptions that crime is rife in our country.
"There will be criminal elements who will take advantage of the soccer spectacle to commit crime and embarrass our country," said Khoza.
He explained that such people should not be allowed into the country as they would tarnish South Africa's image to the international community.
Although Mpumalanga did not host the Confederation Cup games because the stadium had not yet been completed, Khoza said, the people can now celebrate that the province is ready for a safe World Cup.
He announced that more dry-run games would be hosted at Nkangala and Gert Sibande regions where there are Public Viewing Areas.
<fn>GOV-ZA.15042011En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.15052009En.2012-02-10.en.txt</fn>
Mpumalanga Community Safety, Security and Liaison MEC Sibongile Manana has pledged to tackle crime in Mpumalanga, however she needs the support of government officials and communities.
Addressing the staff in her department, MEC Manana said public servants should educate the public to report crime as they were critical stakeholders in crime prevention.
MEC Manana explained that corruption and crime was amongst the key priorities of the in-coming government for the next five years.
She therefore urged officials to report any corrupt and fraudulent activities in government so that communities can also learn to report crime to the police.
You should be role models of communities by reporting any officials suspected to be involved in corruption. Do not be afraid to report even your managers.
"We have been called by the President to serve the people. Let us change gears and move with speed by first cleaning out corruption within government whilst we ensure that service delivery is enhanced," said Manana.
The MEC further said things would also change for "rotten police" who reveal confidentiality of people who reported crime. She said that such practices endangered the lives of innocent people. It also discouraged people from reporting crime.
"We will achieve our objective of fighting crime in this province with the help of hard working and passionate police officers," said MEC Manana.
She added that her department would be accessible to the public should they be afraid to report crime directly to the police.
<fn>GOV-ZA.15072010En.2012-02-10.en.txt</fn>
The recent attack on Brian Kajengo, a journalist linked to Daily Sun at Madjembeni near Bushbuckridge must be condemned because the Department of Safety, Security and Liaison believes that any differences that people may have could always be resolved amicably without any violence.
Mpumalanga Department of Safety, Security and Liaison MEC, Ms Sibongile Manana has condemned the horrendous act and called on the police to act and investigate the case.
Kajengo has brought the matter to the attention of the department. He was allegedly hit with a piece of wood on the head that resulted in six stitches on his forehead.
Manana has called on the police to swiftly investigate the case so that the full might of the law could be immediately unleashed on the perpetrators.
"We cannot afford to attack anybody and take law in our own hands as South Africa cannot be held at ransom by a few hooligans. Our communities must assist to bring them to book so that the law enforcements agencies can deal harshly with them," said Manana.
She said the department would continue to work with all stakeholders to address root causes of violence in the communities especially one on one attacks that continues to plague the province.
She said the police will meanwhile continue to fight crime with assistance of the community and no criminal will be spared mercy.
Issued by the Mpumalanga Department of Safety, Security and Liaison.
<fn>GOV-ZA.15085En.2012-02-10.en.txt</fn>
The Zenzele Road Maintenance Programme aims to create long term job opportunities for local communities.
<fn>GOV-ZA.15092009En.2012-02-10.en.txt</fn>
Mpumalanga Community Safety, Security and Liaison MEC, Ms. Sibongile Manana has called on the provincial Independent Complaints Directorate ICD, to fully investigate allegations of police brutality and general police conduct in the Dundonald area near Badplaas.
MEC Manana reacted after allegations of abuse and torture that included assaults and insults to public violence suspects arrested in Dundonald.
It is reported that the community was protesting against the release of three people who were taken in for questioning in relation to the disappearance of a child who was later found dead with missing body parts on 4 August 2009.
The 12 suspects were randomly arrested for public violence at different times and were taken in custody at Mayflower Police Station on 26 and 27 August 2009.
During the meeting on Friday, 11 September 2009 attended by the Head of Department, Mr. Isaiah Khoza, some of the victims complained that they were subjected to violence and inhumane treatment by the officers. They also alleged that some of the officers were drinking on duty and they also visited them at holding cells while under the influence of alcohol where they were subjected to verbal and physical abuse.
Some of the victims who claimed to have been assaulted by the police had visible scars.
MEC Manana has condemned the level of brutality meted against the suspects during their arrests prior to being charged.
Manana stated that irrespective of the nature of allegations against any suspect, under no uncertain terms are police expected to take the law into their own hands.
"The police, as the custodians of the law of the country, did not have any right whatsoever to assault, abuse and insult them".
"Police have a constitutional obligation to maintain public order, to protect and secure South Africa's inhabitants and their property, and to uphold and enforce the law."
"The isolated acts of brutalities especially when committed against our youth have a potential to destroy them forever. There is possibility that some of them even in the future could be afraid to seek police assistance even when they need the most, "said Manana.
Manana said the ICD needs to finalise investigations as soon as possible so that appropriate steps could be taken against any wrong doing.
Manana further indicated that the department would constantly monitor progress with regard to this matter.
She has also called on the community to come forward and assist with information so that the matter could be speedily resolved.
<fn>GOV-ZA.15098En.2012-02-10.en.txt</fn>
Youths at risk are learners who have problems such as drug and/or alcohol abuse or are in trouble with the law. Their emotional and/or behavioural problems are barriers to their learning and development.
In the Western Cape, there are five levels of support to prevent or resolve such problems. The type of support and the restrictions that may be placed on the learner depend on the nature of the problem. Interventions include educational, therapeutic and/or residential support services.
An early warning system, aimed at identifying children and families who may be particularly vulnerable, is implemented in all schools. Every effort is made in the classroom to prevent emotional and/or behavioural difficulties from occurring or worsening.
Emotional support and guidance are provided for learners who are struggling with emotional and/or behavioural barriers to learning in the classroom.
School-based support programmes, youth development programmes and deliberate intervention are provided for learners who are identified as being at risk of being expelled from school, being placed away from home, or entering the criminal justice system, and for whom temporary withdrawal from the classroom is necessary.
Where the learner does not benefit adequately from the support programme, referral to a residential or developmental programme at a youth care and education centre may be considered. The principle of using the least restrictive and most empowering (normative) environment applies throughout the system.
Young people are referred to these centres in accordance with the relevant legislation. The centres provide accommodation and a structured programme. The framework for good practice in these institutions is based on the standards laid down by the United Nations Convention on the Rights of the Child.
Build the capacity of educators and principals to meet the challenges of dealing with learners experiencing, or at risk of experiencing, emotional and/or behavioural barriers to their development.
Improve services to learners at risk.
Ensure the safety, education and development of these learners.
Wellington Youth Care Centre.
Special care is provided to young people who are in conflict with the law or in severe emotional turmoil and who may need to be physically, emotionally and/or behaviourally contained. Young people are referred to these centres by the courts under the relevant legislation for compulsory residence.
Each young person is provided with an individual development plan to help him or her to be rehabilitated. A psychologist, occupational therapist, professional nurse and social worker are available at the centre for consultation. The educators are specially trained in child care theory and practice.
Eureka Special Youth Care Centre.
What is NICRO (Public Information?
What is Restorative Justice (Public Information?
What are Family Group Conferences (Public Information?
What is the Child Justice Forum (Public Information?
<fn>GOV-ZA.150bulletinEn.2012-02-10.en.txt</fn>
Bids must be on the official bid forms, which must be filled in and completed in all Respects.
The bid number and closing date must appear on the front of the envelope.
Bid documents can also be obtained from the Satellite offices g Unless otherwise stated, all bids close at 12h00.
IT IS A CONDITION OF BID THAT- The taxes of the successful bidder MUST be in order, or that suitable arrangement has been made with the Receiver of Revenue to satisfy them. The SBD.2 form, Application for Tax Clearance Certificate (in respect of bids), must be completed by the bidder in all aspects and submitted to the Receiver of Revenue where the bidder is registered for income tax purposes. That the Receiver of Revenue will then furnish the bidder with a Tax Clearance Certificate that will be valid for 60 days from date of issue. This Tax Clearance Certificate must be submitted with the original bid, before the closing time and date of the bid. Failure to submit an original and valid Tax Clearance Certificate MAY invalidate your bid.
No submission results will be faxed, emailed or made available telephonically by any of the Tender offices. c Suppliers interested in the results, should arrange a representative or should attend the public reading directly after tender closures.
BID LEVY Bidders are hereby advised that the Mpumalanga Provincial Government will only accept bank guaranteed cheques, cash or postal orders as payment for the bid levy. Bidders are requested not to throw away their receipts for purchased bid documents.
Management The profile of the management structure, giving percentages of black participation across the levels (supervisor/ junior management/ middle management/ senior management). The type of grading system used must be stated.
Training and Development The Training and Development efforts must be stated - in the area of skill development for workers and management. The training expenditure as a percentage of payroll costs should be given.
Joint Ventures The company must indicate any joint ventures it has with Blacks. Specific details must be given to prove that such joint venture is genuine and real.
Physical address: Bid Documentation Section Riverside Government Complex Visitors Centre, Building no.
KwaMhlanga Government Complex Department of Finance, Building No.
Non-refundable fee: R100.00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Non-refundable fee: R200.00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
Non-refundable fee: R250.00 payable in cash or bank guaranteed cheque made out to the Mpumalanga Provincial Government.
REGISTRATION FOR VALUE ADDED TAX (VAT) Any Business Entity doing business with Government must register for Value Added Tax (VAT). Government will not do business with an entity that does not comply with this requirement.
Private Bag 11294 Nelspruit 1 2 0 0 Telephone Number: (013) 759 4351 Desk, at the Department of Economic Development and Planning.
<fn>GOV-ZA.15112010En.2012-02-10.en.txt</fn>
Mpumalanga Safety, Security and Liaison MEC Vusi Shongwe undertook to turn the province into a safe place in nine months time.
MEC Shongwe was speaking at the Prestige Award Ceremony on Friday night where he publicly told SAPS National Deputy Commissioners who attended the event that after nine months, Mpumalanga would be the safest province in South Africa.
He said with the assistance of the police, criminals would run away and if they wanted to fight with the police they would have to fight him first as he would be in the forefront.
Give me nine months; the province will change for the better. I want communities to sleep outside their homes if they wish so, not to fear criminals but mosquitoes.
"The police will be more respected. Criminals will rather prefer to be in the police vans instead of coming face-to-face with the police," said MEC Shongwe.
"The bullet will have to hit me first before killing innocent people who would be protected by SAPS members," said MEC Shongwe to the excitement of guests.
He said corrupt and lazy police officers should leave the service because their lives would be difficult as he intended to leave no stone unturned in the fight against crime and corruption.
MEC Shongwe explained that crime was a social problem that destabilized communities and it also affected the province's economy as government ended up dedicating more resources on fighting crime.
He told guests that in the nine days he had been in the office, he had received calls from people commending him for increasing police visibility. He further urged the community to assist the police by giving tip-offs saying he would be in the centre to promote the good relationship.
"It is also a fact that the fight against crime and corruption can never be a sole responsibility of government, everyone should do something because crime does not discriminate as it affects the poor, rich, educated, business people and the politicians," said MEC Shongwe.
Talking about the awards, Shongwe said he was convinced that SAPS had committed women in the fight against crime. He said women officers demonstrated the good relationship between the communities and the police because of the community projects they have embarked on.
According to the MEC, women were naturally giving and selfless. He was happy that police recognized exceptional women because the awards developed an assertive cadre of women leaders capable of independent thinking, thereby contributing to quality service delivery.
This year's main award was scooped by a Witbank Senior Clerk Ms Susana Grobbler for creating awareness around child abduction and human trafficking.
<fn>GOV-ZA.1511bulletinEn.2012-02-10.en.txt</fn>
Minister of the National Planning Commission from 11 May 2009.
There should be a concerted effort to ensure that people in rural areas benefit from job opportunities and skills development initiatives by various state owned entities.
That's what the Portfolio committee on Public Enterprise told Eskom, Transnet and South African Airways (SAA) executives during their meeting on job creation and skills development initiatives.
Committee members said there had been good progress in meeting job creation and skills development targets. In order to monitor progress and offer guidance, the Committee would meet with the three entities on a quarterly basis. "When we meet here again in three months time, we want to see how far you've progressed and we also want to hear of the challenges you experience so that we can intervene, where necessary," Mr Maluleka said. He appealed to entities not to hide problems and challenges: the Committee was bound to help build the country and thereby unblock obstacles preventing people from improving their lives.
The FIFA 2010 World Cup event is all about the games in which the represented nations compete for the top honour of being the world champions of football.
<fn>GOV-ZA.15145En.2012-02-10.en.txt</fn>
The WCED's Directorate: Specialised Support Services offers a range of services for learners experiencing barriers to learning.
Prevention of learning difficulties.
Early identification of learning difficulties and early intervention.
Specialised support services including psychological, therapeutic, health and social services.
Education programmes for learners with special education needs in both in mainstream schools and in schools for learners with special education needs.
The directorate manages 77 schools in the province for learners with special education needs (ELSEN). ELSEN specialists are also based in the Education Management and Development Centres (EMDCs) in all seven education districts of the Western Cape.
Fax: 021 425 7465 mtheron@pgwc.gov.
<fn>GOV-ZA.15149En.2012-02-10.en.txt</fn>
A total of 7 000 people over the age of 60 took part in the Golden Games.
<fn>GOV-ZA.15153En.2012-02-10.en.txt</fn>
Facilitators are drawn from the broader community and include youth leaders, members of the Department of Social Development, the South African Police Services, the Department of Education and people from the non-governmental sector.
<fn>GOV-ZA.15157En.2012-02-10.en.txt</fn>
No. 152 of 1993: Self-Governing Territories Constitution Amendment Act, 1993.
To amend the Self-governing Territories Constitution Act, 1971, so as to further regulate the exercise or performance of executive powers, authorities and functions in self-governing territories; and to provide for matters connected therewith.
(Assented to 30 September 1993.
Insertion of section 25A in Act 21 of 1971 1.
by proclamation in the Gazette take such measures as he may deem necessary in order to give effect to the provisions of this paragraph.
If a decision is rescinded, amended or substituted in terms of subsection (1), any right acquired in terms of such a decision shall lapse as from the date on which the right was acquired.
In order to give effect to subsection (1), moneys may be withdrawn from a Revenue Fund in terms of an Act of Parliament or, if Parliament is not then in session, in terms of a proclamation issued by the State President in the Gazette.
Certain actions deemed to have been exercised or performed under section 25A of Act 21 of 1971 2.
The actions purporting to have been exercised or performed under section 25 of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), by the State President or the Minister shall be deemed to have been exercised or performed under section 25A of the Self-governing Territories Constitution Act, 1971, as inserted by section 1 of this Act.
This Act shall be called the Self-governing Territories Constitution Amendment Act, 1993, and shall be deemed to have come into operation on 1 September 1993.
<fn>GOV-ZA.15159En.2012-02-10.en.txt</fn>
No. 131 of 1993: Nuclear Energy Act, 1993.
To provide for the continued existence of the Atomic Energy Corporation of South Africa, Limited, and of the Council for Nuclear Safety and for the management thereof; to determine the objects, powers and functions of that Corporation and that Council; to provide for the implementation of the Nuclear Non-Proliferation Treaty and the Safeguards Agreement; to regulate the licensing of nuclear activities; to amend the Hazardous Substances Act, 1973, so as to amend a certain definition; and to provide for matters connected therewith.
(English text signed by the Acting State President.
any expression to which a meaning has been assigned in the Patents Act, 1978 (Act No.
"nuclear installation" means a facility, installation, plant or structure (other than a facility, installation, plant or structure situated at any mine as defined in section 1 of the Minerals Act, 1991 (Act No.
"subsidiary company" means a "subsidiary company" contem plated in section 1 of the Companies Act, 1973 (Act No.
"waste disposal facility" means a facility for the acceptance, handling and treatment of radioactive waste and irradiated fuel and the discarding of radioactive waste.
for the purposes of this Act, declare equipment and material specially designed or prepared for the processing, use or production of nuclear material, to be nuclear related equipment and material.
Substances Act, 1973 (Act No. 15 of 1973); or in respect of radioactive material with a specific activity and a total activity below the levels determined in terms of section 2(f); or in respect of any other radioactive material exempted in terms of section 2(g).
The Atomic Energy Corporation of South Africa, Limited, established by section 2 of the Nuclear Energy Act, 1982 (Act No. 92 of 1982), shall continue as a juristic person, known as the AEC, notwithstanding the repeal of that Act by this Act.
The registrar of deeds concerned shall make such entries or endorsements as he may deem necessary to give effect to the provisions of subsection (1) in or on any relevant register, title deed or any other document in his office or submitted to him, and no office fees or other moneys shall be payable in respect of such an entry or endorsement.
act as national authority for the implementation of the Safeguards Agreement and other similar agreements with other institutions and governments; and co-operate with any person, institution, government or administration in matters falling within the said objects, and promote such co-operation between the Republic and other countries.
for the purpose of developing or exploiting in any manner any invention or technological expertise, establish a company in terms of the Companies Act, 1973 (Act No.
do any other thing that is necessary to achieve, or is conducive to the achievement of, its objects.
render services against payment.
The functions of the AEC mentioned in this section shall be performed by the chief executive officer, except in so far as they have been assigned by this Act or by the Board of Directors or by the Minister to any other person.
The AEC may at the request of or with the prior approval of the Minister undertake the development, transfer or exploitation of nuclear or nuclear related technology on behalf of or in collaboration with any person, institution, government or administration, in any country or territory outside the Republic.
Subject to the provisions of subsection (3), the provisions of this Act, in so far as they can be applied, apply mutatis mutandis to the AEC in the exercising of its powers in terms of this section as if the country or territory in which it so exercises its powers were within the Republic.
as are agreed upon between the chief executive officer and the person, institution, government or administration on behalf of or in collaboration with whom such development, transfer and exploitation are to be undertaken; and as are approved by the Board of Directors.
The Minister may with the concurrence of the Minister of Finance indemnify the AEC against any losses which it may incur consequent on any act or omission of a person, institution, government or administration referred to in subsection (1).
The affairs of the AEC shall be managed by a Board of Directors, which, subject to the provisions of this Act, shall determine the policy and goals of the AEC and shall generally exercise control over the performance of its functions and the exercise of its powers.
one shall be appointed to represent Eskom referred to in section 2 of the Eskom Act, 1987 (Act No.
an official of the Department of Foreign Affairs designated by the Minister after consultation with the Minister of Foreign Affairs.
The directors shall be South African citizens permanently resident in the Republic.
The chairman of the Board of Directors shall hold office for a period not exceeding five years, but may be reappointed.
A director referred to in subsection (2)(b) shall hold office for a period not exceeding three years, but may be reappointed.
The directors, other than a director who is in the full-time employment of the State or the AEC, shall be appointed on such conditions, including conditions relating to the payment of remuneration and allowances, as the Minister may determine with the concurrence of the Minister of State Expenditure.
The Minister may appoint one of the other directors as vice- chairman of the Board of Directors to act as chairman, if the chairman is absent or is unable to perform his functions as chairman.
When the vice-chairman so acts as chairman, he shall exercise all the powers and perform all the duties and functions of the chairman.
The chairman or vice-chairman, or in their absence a director elected by the directors present, shall preside at a meeting of the Board of Directors.
If a director dies or vacates his office, the Minister may, subject to the provisions of subsection (2), appoint another person as a director for the unexpired part of his term of office.
Any person who immediately prior to the commencement of this Act served as a member of the board of directors as defined in section 1 of the Nuclear Energy Act, 1982 (Act No. 92 of 1982), shall remain a member of the Board of Directors until the expiry of the period for which he was appointed in terms of section 5 of the said Act or until the appointment of a Board of Directors in terms of subsection (2), whichever occurs first.
The Minister may at any time discharge a director from office if such director is unable to fulfil his duties or is guilty of misconduct.
A director shall not be personally liable for any loss or damage arising out of, or in connection with, the performance of his duties by virtue of his appointment as a director, unless such loss or damage is due to his gross negligence or his failure to comply with any provision of this Act or to anything done by him in bad faith.
1979 (Act No. 45 of 1979); or is nominated or elected as a member of Parliament or designated or appointed to any other public office in the legislative or executive authority of the State.
The first meeting of the Board of Directors shall be held at the time and place determined by the chairman, and meetings thereafter shall be held at such times and places as the Board of Directors shall determine.
The chairman or, in his absence, the vice-chairman may at any time call a special meeting of the Board of Directors, to be held at such time and place as the chairman or vice-chairman, as the case may be, may determine.
A majority of the directors shall form a quorum for any meeting of the Board of Directors.
A decision of the majority of the directors present at a meeting of the Board of Directors shall constitute a decision of such Board, and in the event of an equality of votes on any matter the director presiding at the relevant meeting shall have a casting vote in addition to his deliberative vote.
No decision taken by the Board of Directors or act performed under the authority of the Board of Directors, shall be invalid merely by reason of a vacancy on the Board of Directors or of the fact that any person not entitled to sit as a director, sat as a director at the time the decision was taken, if the decision was taken or the act was authorized by the required majority of directors present at the meeting and who were entitled to sit as directors.
The Board of Directors may establish one or more committees, including an executive committee, which, subject to the directives of the Board of Directors, shall perform such functions of the Board of Directors as it may determine.
A committee contemplated in subsection (1) shall consist of such persons, including directors and employees of the AEC, as the Board of Directors deems necessary, and the Board of Directors may dissolve or reconstitute a committee at any time.
If such a committee consists of more than one member, the Board of Directors shall designate a member of the committee as chairman thereof.
The AEC may pay the members of a committee referred to in subsection (1) who are not in the full-time service of the State or employees of the AEC such remuneration and such allowances as the Minister may determine with the concurrence of the Minister of State Expenditure.
The Board of Directors shall, with the concurrence of the Minister, appoint an employee of the AEC as chief executive officer of the AEC.
The chief executive officer shall be the chairman of the management board and is, subject to section 6(3), responsible, in co-operation with the management board, for the management and the performance of the functions of the AEC by virtue of this Act and such functions as may be assigned to him by the Minister or the Board of Directors in terms of the provisions of this Act or by the provisions of this Act or any other law, and shall report on such matters as the Board of Directors or the Minister may determine.
Whenever the chief executive officer is for any reason absent or unable to perform his functions, or whenever there is a vacancy in the office of chief executive officer, the Board of Directors may designate a member of the management board to act as chief executive officer until the chief executive officer resumes his functions or a chief executive officer is appointed in terms of subsection (1), and that member shall, while so acting, have all the powers and perform all the functions of the chief executive officer.
An appointment as chief executive officer or a designation as acting chief executive officer shall be subject to such conditions of service as the Board of Directors may with the approval of the Minister determine from time to time.
The Board of Directors shall establish a management board to assist the chief executive officer, subject to the directives and control of the said Board, in the execution of his managerial functions, and may appoint as many employees of the AEC as it may deem necessary as members of such management board.
may, on such conditions as he may deem fit, second an employee of the AEC, either for a particular service or for a period of time, to the service of a department of State, the government of another country or territory or an institution or person inside or outside the Republic: Provided that an employee shall not be seconded to the service of the government of such other country or territory or of such person or institution outside the Republic, unless the employee consents thereto: Provided further that if an employee is so seconded, his conditions of service as employee of the AEC shall not be adversely affected thereby.
Any person who immediately prior to the fixed date was an officer or employee appointed or deemed to have been appointed as such in terms of section 8 employee the Nuclear Energy Act, 1982 (Act No. 92 of 1982), shall from that date be deemed to have been appointed as an employee in terms of subsection (1) (a) of this section on such conditions of service as may be determined from time to time in terms of the said subsection.
The chief executive officer may from time to time on such conditions and with such security as he may deem fit provide collateral security, including guarantees, to a financial institution as defined in section 1 of the Financial Services Board Act, 1990 (Act No.
establish, institute, erect or carry on sports and recreational societies, social clubs, social and health services, restaurants, hostels, bursary schemes for purposes of study or other similar undertakings or schemes which in its opinion may be beneficial to such employees.
Subject to the provisions of paragraph (b) of this subsection, the AEC shall for the purposes of the Associated Institutions Pension Fund Act, 1963 (Act No. 41 of 1963), be deemed to be an associated institution.
The AEC may with the approval of the Minister, granted with the concurrence of the Minister of State Expenditure, institute and manage or cause to be managed a pension or provident fund or an alternative pension or provident fund for its employees.
The Minister may in writing delegate any power granted to him in terms of section 21 or 22 to the Board of Directors or, after consultation with the Board of Directors, to the council or the South African Council for the Non-Proliferation of Weapons of Mass Destruction established by section 4 of the Non-Proliferation of Weapons of Mass Destruction Act, 1993, or any other person.
Directors by or under this Act to the chairman or any other director, the chief executive officer or a committee established under section 10.
The chief executive officer may in writing delegate any power conferred upon him by or under this Act in his capacity as chief executive officer to an employee of the AEC; or assign the performance of any function conferred on him by or under this Act in his capacity as chief executive officer or accounting officer to such an employee.
A delegation or assignment under subsections (1), (2) and (3) may be made subject to such conditions and restrictions as may be determined by the Minister, the Board of Directors or the chief executive officer, as the case may be, and may be withdrawn or amended by the Minister, the Board of Directors or the chief executive officer, as the case may be.
The Minister, the Board of Directors or the chief executive officer shall not be divested of a power or function delegated or assigned by him or it in terms of subsection (1), (2) or (3), and may, subject to the provisions of subsection (6), amend or withdraw any decision made in the exercise of such delegated power.
A decision made in the exercise of a power so delegated and by which a right ha been conferred upon any person, shall not be amended or withdrawn.
Where a power or function is delegated or assigned under subsection (1), (2) or (3) to the holder of an office, such delegation or assignment shall be deemed to have been made to the holder for the time being of the office or to any person at any time lawfully acting in his stead.
The share capital of the AEC shall be that amount which the Minister, with the concurrence of the Minister of Finance, shall determine from time to time on the recommendation of the Board of Directors and shall be divided into ordinary shares of one rand each.
The State shall take up shares in the AEC to such extent and in such manner and subject to such conditions as the Minister may, with the concurrence of the Minister of Finance, determine.
The liability of the State as holder of the shares in the AEC shall be limited to the amount unpaid on shares held by it.
The AEC shall utilize its funds to defray expenses in connection with the performance of its functions or the exercise of its powers.
The AEC shall use donations or contributions contemplated in subsection (1) (f) for such purposes and in accordance with such conditions as are specified by the donor or contributor concerned.
work performed, products manufactured or services rendered by employees of the ABC; or the utilization of the AEC's facilities; or rights resulting from any discovery, invention or improvement by the AEC, charge such fees or make such financial arrangements as he may deem fit.
The chief executive officer shall open an account in the name of the AEC with an institution registered as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990), and shall deposit therein all money received in terms of this section.
The Board of Directors may with the approval of the Minister, granted with the consent of the Minister of State Expenditure, empower the chief executive officer to invest any unspent part of the AEC's funds, and to use interest on such investments to defray expenses in connection with the performance of his functions.
The Board of Directors may with the approval of the Minister, granted with the consent of the Minister of State Expenditure, authorize the establishment of such reserve funds and the depositing of such amounts therein as it may deem necessary or desirable.
The Board of Directors shall in each financial year, at such time as determined by the Minister, submit a statement of the AEC's estimated income and expenditure during the following financial year to the Minister for his approval, granted with the concurrence of the Minister of State Expenditure.
The Board of Directors shall comply with the provisions of the Reporting by Public Entities Act, 1992 (Act No. 93 of 1992).
The chief executive officer may, with the approval of the Minister, granted with the concurrence of the Minister of Finance, raise money by way of loan, or otherwise obtain money at such rate of interest and on such conditions as the Board of Directors may deem fit, and may issue debentures and, if necessary, provide security or make provision for the repayment of money so raised or obtained.
The chief executive officer shall be the accounting officer of the AEC.
The accounting officer shall perform the functions entrusted to him by this Act, the Reporting by Public Entities Act, 1992 (Act No. 93 of 1992), or any other law or by the Board of Directors or by the Minister.
The financial year of the AEC shall end on 31 March in each year.
Whereas South Africa acceded to the Nuclear Non-Proliferation Treaty on 10 July 1991 and entered into the Safeguards Agreement with the IAEA on 16 September 1991 in order to timeously detect and deter the diversion of nuclear material intended to be used for peaceful nuclear activities, to the manufacture of nuclear weapons or of other nuclear explosive devices or for any other unknown purposes, the AEC acts on behalf of the State as the national authority responsible for the implementation of the said Safeguards Agreement.
Republic of equipment and samples of.
the chief executive officer may apply such measures as he may deem necessary regarding the containment and surveillance of nuclear material.
allow inspectors of the IAEA and authorized persons of the AEC to carry out inspections without any hindrance.
All information disclosed or supplied to any person in terms of any provision of this Chapter, shall be treated by him as confidential and he shall use it only for the purposes of the application of the Nuclear Non- Proliferation Treaty and the Safeguards Agreement.
manufacture or otherwise produce, import, acquire, possess, use or dispose of nuclear related equipment and material.
Any authority under subsection (1) may be granted subject to such conditions as the Minister may in his discretion impose.
Any authority granted by the Minister under subsection (1) and any conditions imposed by him under subsection (2) shall be granted or imposed by him only after consultation with the Board of Directors.
In the event of an application for an authorization being refused, the Minister shall in writing inform the applicant of his decision, stating the reasons for such decision.
If a person who is a South African citizen or is resident in the Republic or a juristic person registered in the Republic performs an act mentioned in subsection (1)(b), (d), (e), (g), (h), (i), (k), (l), (m), (o) or (q) in any country outside the Republic, he shall be deemed to have performed such act in the Republic.
Except on the written authority of the Minister, no person, except the AEC, shall export from the Republic source material, special nuclear material or restricted material or nuclear related equipment and material.
to a non-nuclear weapons state shall always be subject to the condition that the material and the equipment shall at all times be subject to comprehensive international safeguards.
Any authority granted by the Minister under subsection (1) and the conditions imposed by him under subsection (2) shall be granted and imposed by him only after consultation with the Board of Directors.
any other information in his possession relating to any work carried out by him or on his behalf or under his direction in connection with the production, use, processing, enrichment or reprocessing of source material, restricted material, special nuclear material or nuclear energy, or in connection with research in respect of matters connected therewith.
Returns referred to in subsection (1) shall contain such particulars and be accompanied by such plans, drawings and other documents as are specified in the notice concerned.
(a) An employee of the AEC authorized thereto in writing by the chief executive officer may, subject to paragraph (b), at all reasonable times enter any place or go upon any land, to determine whether the conditions of an authority referred to in section 23(1) are being complied with, or where he has reasonable grounds to suspect that any material, substance, equipment or plant referred to in the said section may be present or may be carried out or is situated, and may at that place or on that ground carry out such inspections and conduct such investigations as he may deem necessary or expedient.
The chief executive officer shall issue to a person authorized under paragraph (a) a duly authenticated document to the effect that he has been so authorized, and in the exercise of his powers that person shall on demand produce such document.
An authorized person referred to in subsection (1) shall, before carrying out an inspection or conducting any such investigation in terms of the said subsection, consult with appropriate persons having duties upon the site or place in question to determine whether the carrying out of any such inspection or the conducting of any such investigation will be injurious to any person's health, or will cause injury to any person or damage to any property.
In the event of disagreement as to whether the proposed inspection or investigation would or would not be likely to have any effect contemplated in paragraph (a), the said authorized person shall refer the question to the chief executive officer, who shall decide thereon.
Any person carrying out the inspection or conducting the investigation may make copies of or excerpts from any drawing, plan or other document found at the place or on the land, and in any way take samples of any mineral, material or substance found in, on or under the surface of the place or land in question, and may, for the purpose of making copies or excerpts or of conducting tests or investigations, remove such a drawing, plan or document and retain possession thereof for a period not exceeding 60 days, and may also require the submission of such documents as he may deem necessary.
The AEC shall not be obliged to return any samples taken under subsection (3) to the owner of the land, place or site in question, or to compensate the owner therefor.
The authorized person referred to in subsection (1) may use such apparatus and equipment as he may need and may take with him such persons as he may deem necessary to assist him in the exercise of his powers under this section.
The said authorized person shall at the conclusion of his inspection or investigation without delay submit a written report thereon to the chief executive officer.
If the chief executive officer on the strength of the report contemplated in subsection (6) is of the opinion that any activity or condition connected with nuclear material or nuclear related equipment and material, whether or not such activity or condition is relevant to any criminal offence under this Act, does not comply with the provisions and objects of the Nuclear Non-Proliferation Treaty and the Safeguards Agreement, or any similar agreement with any other institution or government, he shall notify the Minister accordingly.
The Minister may in writing require that the activity in question be discontinued forthwith or that the condition in question be cleared away forthwith in such manner; and subject to such conditions as he may determine.
Notwithstanding anything to the contrary contained in the Patents Act, 1978 (Act No.
at the written request of the chief executive officer, and until he otherwise directs, withhold acceptance or sealing of the patent application in respect of any such invention and keep secret the specification thereof, and notify the applicant accordingly.
The communication of an invention to the chief executive officer or to any person acting in terms of an authorization contemplated in subsection (1) (b) (i), or anything done by such authorized person in connection with the invention for the purposes of any inspection contemplated in the said subsection, shall be deemed not to be publication or use of the invention prejudicing the grant or validity of any patent for the invention.
The chief executive officer may, if he is by virtue of the information submitted to him under subsection (1) (a) satisfied that the grant of a patent for an invention would be contrary to the provisions of the Nuclear Non-Proliferation Treaty or the Safeguards Agreement or any similar agreement with any other institution or government, and after the applicant concerned has been granted the opportunity to lodge written or oral representations with him in writing direct the registrar of patents to refuse the granting of such patent, upon which the registrar shall refuse to grant the patent, notify the applicant accordingly and keep secret the specification of the invention and the manner in which it is to be applied; or in writing authorize the registrar of patents to grant the patent, subject to the condition that the claims in the specification of the invention shall contain the disclaimer in respect of that invention mentioned in the authority.
If the chief executive officer is satisfied that the patent application lodged with him in terms of subsection (1)(a) is not contrary to the Nuclear Non-Proliferation Treaty or the Safeguards Agreement or any similar agreement with any other institution or government, he shall notify the registrar of patents accordingly.
When any direction given under subsection (1)(b)(ii) or (iii) is withdrawn or an authority is granted under subsection (3) (b), any steps taken before the date of that direction in terms of the Patents Act, 1978, in respect of the relevant patent application and which were interrupted by such direction, may be continued as if the interruption did, not occur, and any period that has lapsed between the date on which the direction was issued to the registrar of patents and the date of the withdrawal thereof or of the authority for the granting of the patent, shall not be taken into account in the calculation of any prescribed period in terms of the Patents Act, 1978.
The grant of a patent contrary to the provisions of subsection (3) shall be null and void.
Except with the written consent of the chief executive officer, granted with the approval of the Minister, no person who is a South African citizen or is resident in the Republic, and no juristic person registered in the Republic, except the AEC, shall apply in a country outside the Republic for a patent for an invention or improvement in respect of the processing, use or production of source material, special nuclear material, restricted material or nuclear related equipment and material or the production of nuclear energy.
The chief executive officer may grant consent under subsection (1) on such conditions as he may deem expedient.
The chief executive officer shall grant or refuse such consent within a period of three months from the date on which the application concerned was lodged with him.
The Minister may, at any time when in his opinion the national interest so requires, acquire or cause to be acquired by purchase, lease or expropriation any source material which has been mined or processed and any special nuclear material.
The control of all source material and special nuclear material acquired by the State under subsection (1) shall vest in the AEC.
The Minister shall, in respect of any expropriation of source material or special nuclear material under subsection (1), pay to the owner thereof such compensation as may be agreed upon by the Minister, with the consent of the Minister of State Expenditure, and the owner or, failing such agreement, as may be determined by arbitration.
The provisions of sections 7, 8 and 9 of the Expropriation Act, 1975 (Act No. 63 of 1975), shall mutatis mutandis apply in respect of each expropriation under subsection (1).
Notwithstanding anything to the contrary contained in any other law, the AEC or a subsidiary company may produce or otherwise acquire, or dispose of, or import into or export from the Republic, or be in possession of, or use on the premises of the AEC or a subsidiary company, or convey or cause to be conveyed, any radioactive material.
Subject to the provisions of sections 34 and 51(1), the authority over discarding of radioactive waste and the storage of irradiated nuclear fuel, shall vest in the AEC.
Subject to authorities granted from time to time in terms of the Hazardous Substances Act, 1973 (Act No. 15 of 1973), no person may, except on the written authority of the chief executive officer, in any manner discard any radioactive waste or cause it to be discarded.
No person shall, except on the written authority of the chief executive office, granted with the concurrence of the Board of Directors, store any irradiated nuclear fuel or cause it to be stored.
An authority under subsection (1) or (2) may, in addition to the conditions contained in a nuclear licence, be granted on such conditions as the chief executive officer may in his discretion impose.
Any person who by virtue of information obtained in the course of prospecting or mining operations or of carrying out any scientific investigation or a chemical or metallurgical process, or otherwise, has reason to believe that any source material occurs at any place, shall within a period of 30 days after he has developed such belief submit to the Director-General: Mineral and Energy Affairs and the AEC a written report regarding the matter, containing full particulars of the grounds on which his belief is based and full particulars of the place where it occurs.
no information obtained under this subsection may be furnished to anyone outside the service of the AEC without the written permission of the person from whom such information is derived; and the AEC may use the said information only for feasibility and other studies with respect to reserves of source material in the Republic, or matters incidental thereto.
The chief executive officer may, as far as is practicable, having regard to the public interest and safety, and upon such terms as the Board of Directors may determine, make available for nuclear research and technology development and for the training of persons to qualify them to engage in nuclear research and technology development, such quantities and kinds of nuclear material, radioactive material and nuclear related equipment and material as the chief executive officer may in his discretion determine, having regard to the quantities thereof available.
The Council for Nuclear Safety established by section 24 of the Nuclear Energy Act, 1982 (Act No. 92 of 1982), shall continue as a juristic person known as the CNS, notwithstanding the repeal of that Act by this Act.
the carrying out of any other activity involving radioactive material and which is capable of causing nuclear damage.
Radioactive Material, and the CNS shall in general have the power to conclude contracts, enter into agreements, provide consultancy or other services, or perform any act, whether in the Republic or elsewhere, whereby the objects of the CNS under this Act are carried into effect or which is calculated, directly or indirectly, to enhance the value of the services which the CNS may render towards the achievement of its objects or which the Minister may from time to time determine.
The functions of the CNS mentioned in this section shall be performed by the executive officer, except in so far as they are by this Act, the council or the Minister assigned to any other person.
Subject to the provisions of paragraph (b) of this subsection, the CNS shall for the purposes of the Associated Institutions Pension Fund Act, 1963 (Act No. 41 of 1963), be deemed to be an associated institution.
The CNS may with the approval of the Minister, granted with the concurrence of the Minister of State Expenditure, institute and manage or cause to be managed a pension or provident fund or an alternative pension or provident fund for its employees.
The affairs of the CNS shall be managed by a council, which, subject to the provisions of this Act, shall determine the policy of the CNS and shall generally exercise control over the performance of its functions and the exercise of its powers.
Standards; and the president of the Medical Research Council, who shall not be licensees or employees of licensees and need not be employees of the said statutory bodies, and whose knowledge and experience and standing will in the opinion of the Minister contribute to the achievement by the CNS of its objects.
The Minister may, whenever he deems it necessary or expedient, subject to the provisions of subsection (2), appoint an alternate member for any member of the council.
Save for the executive officer, a member or alternate member of the council shall hold office for such period, but not exceeding three years, as the Minister may determine at the time of his appointment.
Any person whose term of office as a member or an alternate member of the council has expired, shall be eligible for reappointment.
The Minister may at any time terminate the period of office of a member or alternate member of the council if such member or alternate member is unable to perform his duties or is guilty of misconduct.
In the event of the resignation, vacation of office or death of a member or alternate member of the council, the Minister may, after consultation with the chairman and the executive officer, appoint any other person in his stead for the unexpired term of office of such member or alternate member.
A member holding office on the Council for Nuclear Safety established under section 24 of the Nuclear Energy Act, 1982 (Act No. 92 of 1982), as substituted by section 10 of the Nuclear Energy Amendment Act, 1988 (Act No. 56 of 1988), immediately prior to the commencement of this Act, shall continue to hold his office on the council until the expiry of the period for which he was appointed in terms of section 24C of the first- mentioned Act or until the appointment of a council in terms of subsection (2), whichever occurs first.
The Minister shall appoint a member of the council, other than the executive officer, as the chairman and another member as the vice- chairman of the council.
The chairman or, in his absence, the vice-chairman shall preside at a meeting of the council, and if both the chairman and the vice-chairman are absent from any meeting of the council, the members present shall elect a member from among themselves to preside at such meeting.
For the purposes of subsection (2) "member" shall include an alternate member present at a particular meeting of the council during the absence, or vacancy in the office, of the member in whose place he has been appointed as an alternate member.
The council may co-opt any person to assist it in the performance of its functions under this Act: Provided that such person shall not have any voting rights with regard to any matter before the council.
has been nominated as a candidate for election as a member of Parliament in terms of the provisions of the Electoral Act, 1979 (Act No. 45 of 1979); or has been nominated or elected as a member of Parliament or designated or appointed to any other office in the legislative or the executive authority of the State.
36(6); or he resigns as a member or alternate member.
A member or alternate member of the council shall not be personally liable for any loss or damage arising out of, or in connection with, the performance of his duties by virtue of his appointment as such, unless the loss or damage is due to anything done in bad faith or to gross negligence or failure to comply with any provision of this Act.
A majority of the members of the council shall form a quorum for any meeting of the council.
The decision of a majority of the members of the council present at a meeting of the council shall constitute a decision of the council, and in the event of an equality of votes on any matter the member presiding at the meeting in question shall have a casting vote in addition to his deliberative vote.
No decision taken by the council or act performed under the authority of the council shall be invalid merely by reason of a vacancy on the council or the fact that any person not entitled to sit as a member of the council sat as a member at the time the decision was taken or the act was authorized, if the decision was taken or the act was authorized by the majority of the members of the council present at the time who were entitled to sit as members of the council.
For the purposes of this section "member" shall include an alternate member present at a particular meeting of the council during the absence, or vacancy in the office, of the member in whose place he has been appointed.
The council may nominate an executive committee, which may during the periods between meetings of the council perform such functions of the council as the council may determine from time to time, but the executive committee shall not be competent to set aside or vary a decision of the council.
The executive committee shall consist of the chairman, vice- chairman and as many members of the council as the council shall determine.
The chairman of the council or, in his absence, the vice-chairman shall preside at a meeting of the executive committee.
The provisions of section 41 shall mutatis mutandis apply to any meeting of the executive committee.
Any decision of the executive committee shall be laid upon the table at the first meeting of the council following upon the meeting of the executive committee at which the relevant decision was taken.
The council may set aside or vary a decision of the executive committee, except a decision in consequence of which a payment has been made or any other right has been granted, to any person.
The council may establish such committees as it may consider necessary to assist it in the performance of its functions, and may appoint as members of any such committee such persons as it may deem fit, including members of the council or employees of the CNS or a licensee.
The Minister shall with the concurrence of the council appoint an employee of the CNS as executive officer of the CNS.
The executive officer shall be responsible for the management and the performance of the functions of the CNS by virtue of this Act and such functions as may be assigned to him by the council or the Minister in terms of the provisions of this Act or by the provisions of this Act or any other law, and shall report on such matters as the council or the Minister may determine.
Whenever the executive officer is absent or for any reason unable to perform his functions or whenever there is a vacancy in the office of the executive officer, the chairman of the council may designate an employee of the CNS to act as executive officer until the executive officer is able to resume his functions or until an executive officer is appointed in terms of subsection (1), and that employee shall, while so acting, have all the powers and perform all the functions of the executive officer.
The executive officer may, subject to the provisions of section 47(2) and on such conditions as the council may determine, appoint such employees as he may deem necessary to assist him in the performance of his functions.
Any person serving as an officer or employee of the Council for Nuclear Safety immediately prior to the commencement of this Act and who was appointed, or was deemed to have been appointed, as such in terms of section 24K(2) of the Nuclear Energy Act, 1982 (Act No. 92 of 1982), shall be deemed to have been appointed as an employee in terms of subsection (1) of this section from the date of his appointment, on the conditions determined in accordance with the said subsection.
delegate any power conferred on it by or under any provision of this Act, excluding the power under section 35(1)(a), to the chairman, the executive officer, the executive committee nominated under section 42, or any committee established under section 43 or any member thereof; or assign the performance of any function entrusted to the council by or under this Act to the chairman or any other member of the council, the executive officer, the executive committee nominated under section 42, or any committee established under section 43 or any member thereof.
delegate any power conferred on him by or under this Act in his capacity as executive officer to any employee of the CNS; or assign the performance of any function entrusted to him by or under this Act in his capacity as executive officer or accounting officer to such an employee.
A delegation or assignment under subsection (1) or (2) may be made subject to such conditions and restrictions as may be determined by the council or the executive officer, as the case may be, and may be withdrawn or amended by it or him.
The council or the executive officer shall not be divested of a power or function delegated or assigned by it or him in terms of subsection or (2), and may, subject to the provisions of subsection (5), amend or withdraw any decision made in the exercise of such delegated powers or performance of such assigned functions.
A decision made in the exercise or performance of any power or function delegated or assigned under subsection (1) or (2) and by which a right has been conferred upon any person, shall not be set aside or varied.
Where a power or function is delegated or assigned under subsection or (2) to the holder of an office, such delegation or assignment shall be deemed to have been made to the holder for the time being of the office or to any person at any time lawfully acting in the capacity of such holder.
Members or alternate members of the council and other persons referred to in sections 38 and 43 who are not in the full-time service of the State or employees of the CNS, shall be paid from the funds of the CNS such remuneration and allowances and be afforded such benefits as the Minister may determine with the concurrence of the Minister of State Expenditure.
The CNS shall out of its own funds pay to its employees such salaries, allowances, subsidies and other benefits as the council may determine in accordance with a system approved from time to time for that purpose by the Minister with the concurrence of the Minister of State Expenditure.
money appropriated by Parliament; and money received from any other source.
The CNS shall utilize its funds for the defrayal of expenses incurred by the CNS in the performance of its functions under this Act, but money or other goods donated or bequeathed to the CNS shall be utilized in accordance with the conditions, if any, of the donation or bequest in question.
The executive officer shall open an account in the name of the CNS with an institution registered as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990), and shall deposit in that account all money received in terms of this section.
The executive officer may invest all money received in terms of subsection (1) which is not required for immediate use, with the Public Investment Commissioners or, with the approval of the council, with such other institutions as the Minister, may with the concurrence of the Minister of State Expenditure determine.
The CNS may use interest on such investments to defray expenses in connection with the performance of its functions.
The council may with the approval of the Minister, granted with the concurrence of the Minister of State Expenditure, authorize the establishment of such reserve funds and the depositing of such amounts therein as it may deem necessary or expedient.
The council shall in each financial year, at such time as is determined by the Minister, submit a statement of the CNS's estimated income and expenditure during the following financial year to the Minister for his approval, granted with the concurrence of the Minister of State Expenditure.
The council shall comply with the provisions of the Reporting by Public Entities Act, 1992 (Act No. 93 of 1992).
The executive officer shall be the accounting officer of the CNS charged with the responsibility of accounting for all money received and payments made by the CNS.
The accounting officer shall exercise all the powers and perform all the functions granted or entrusted to him by this Act, the Reporting by Public Entities Act, 1992 (Act No. 93 of 1992), or any other law or by the council or the Minister.
The financial year of the CNS shall end on 31 March in each year.
The external auditing of the CNS shall be conducted by the Auditor- General.
Whenever the CNS receives an application for a nuclear licence in accordance with the provisions of this Act, it shall consider all relevant aspects of the application and may direct the applicant to furnish it with such information as the CNS may require to assist it in reaching a decision on the granting of a nuclear licence or not, and the conditions subject to which such licence ought to be granted.
In the event of an application for a nuclear licence being refused, the CNS shall inform the applicant of its decision in writing and shall state the reasons for its decision.
the specific activity and the total activity of the radioactive material, or the radiation dose which persons may accumulate, is below the levels determined under section 2(e), and the CNS has declared in writing that in its opinion the risk of nuclear damage associated with the performance of the activity in question will not exceed limits laid down by the CNS for the safeguarding of persons; or in the opinion of the CNS, the objects of this Act regarding the regulation of and control over any act or activity performed or carried out as contemplated in this section by such person in respect of any site or radioactive material, are effectively achieved by the provisions of any law which applies in respect of such control, and the CNS has so declared in writing.
The CNS may at any time withdraw a declaration contemplated in subsection (1) (b) (i) or (1) (b) (ii) and shall, within a period of 30 days after such withdrawal, notify the person in respect of whom the declaration has been made of such withdrawal in the manner it may deem fit.
If two or more nuclear installations or sites are in the opinion of the CNS situated sufficiently close to one another to be regarded as one nuclear installation or site, the CNS may, for the purposes of the grant of a licence, regard them as one 'nuclear installation or site, as the case may be.
No vessel propelled by nuclear energy or which has on board any nuclear installation or any radioactive material, except where such radioactive material is in transit to or from a nuclear installation or site in the Republic in respect of which a nuclear licence has been granted by the CNS, shall enter the territorial waters of the Republic for the purpose of calling at any port within the Republic, or anchor or otherwise sojourn in the said waters, or enter or be in any such port, except under the authority of a nuclear licence granted by the CNS.
A nuclear licence referred to in subsection (1) shall be valid for such period as is determined by the CNS, and may from time to time be renewed or extended for such further period as the CNS may determine.
The licensee under any nuclear licence referred to in subsection will not solely because of the expiry of such a nuclear licence be relieved of liability for anything which occurred or which was done or omitted during the currency of the nuclear licence.
An inspector authorized thereto in writing by the CNS shall in respect of any such vessel, and subject to the terms of any agreement referred to in section 55(1)(c), have the powers conferred upon him by section 67 in respect of sites and places contemplated in the said section.
In so far as it may be necessary in order to give effect to any condition of a nuclear licence referred to in subsection (1) or to any provision of an agreement referred to in section 55(1)(c), any harbour authority may waive compliance with any regulation made for the control and management of harbours under any Act of Parliament.
The CNS shall exercise the powers conferred upon it by this section subject to such directions as the Minister may determine from time to time.
A nuclear licence shall not be granted to any person other than a juristic person, and shall not be transferable.
(a) A nuclear licence referred to in section 51(1) shall be subject to such conditions as the CNS may deem necessary or desirable for the purpose of the safeguarding of persons against nuclear damage and which, subject to subsection (2), the CNS may impose when granting such nuclear licence or in its discretion at any time thereafter.
The CNS may at any time amend any condition contemplated in paragraph (a) imposed by it.
the storage, handling, treatment, conveyance and disposal of radioactive material, the storage of irradiated nuclear fuel or the discarding of radioactive waste.
in the case of a vessel registered outside the Republic, the appropriate terms of any agreement between the Government of the Republic and the government of the country in which the vessel in question is registered.
determining any period or periods within which an action against such licensee for compensation in respect of such nuclear damage may be commenced.
An agreement referred to in subsection (1)(c) may include any provision that may be determined, prescribed or imposed under subsection (1)(a) or (b) as a condition of a nuclear licence, and any such provision so included shall, in so far as it is not expressly embodied in the relevant nuclear licence as a condition thereof, be deemed to be a condition of that nuclear licence.
Subject to the terms of any agreement referred to in subsection (1)(c), the CNS may at any time amend or rescind any condition imposed by it under subsection (1)(b), and the CNS shall within 30 days notify the licensee concerned in writing of any such amendment or rescission.
Any person who applies for the granting of any nuclear licence shall, within the period specified by the CNS, pay such fees in respect of the application as the CNS may specify.
54(1)(a) or 55(1)(b); and any amendment of conditions contemplated in section 54(1) (b) or 55(4), pay, within the period specified by the CNS, such fees as the CNS may from time to time determine.
The CNS may charge fees in respect of services rendered by it.
A licensee shall at all times while the nuclear licence granted to him is in force, post or in any other manner display and cause to be kept so posted or displayed, at a place suitable for this purpose, or if the CNS has for the purposes of this subsection designated a place, at such designated place, on the site, or at or in the nuclear installation, or at or on the vessel in question, a copy of the wording of any regulation or condition to which the relevant nuclear licence is subject under the provisions of this Act.
Such copy of the wording of any regulation or condition shall be in bold print and worded, in addition to the official languages of the Republic, in such other languages determined in each individual case by the CNS, as to be conveniently read and understood by all persons present or carrying out duties on the site, or at or in the nuclear installation, or at or on the vessel in question.
(a) The CNS may direct any person applying for a nuclear licence to serve upon any local authority, or upon any other person specified by it, a notice of his application, giving such particulars in respect of the proposed site or nuclear installation or the radioactive material or vessel in question as may be specified in the directive, and to publish such notice in the Gazette.
A notice contemplated in paragraph (a) shall provide for a period of not less than three months within which representations may be made to the CNS in regard to the application.
If the CNS has given such a directive it shall not grant the nuclear licence before the period so provided for has elapsed and, if representations were made to it within the said period in terms of the said notice, before it has considered such representations.
As long as any nuclear licence referred to in section 51(1) (a) is in force, all persons having duties at or in the nuclear installation or on the site or in connection with the radioactive material in question, shall have the right, either individually or through an association or body recognized by the CNS for the purposes of this subsection as representative of such persons, to make representations to the CNS regarding the exercise of its powers under section 54(1) (a) and (b).
The CNS shall keep record of the particulars of any site or nuclear installation and of all acts and activities in respect of which it has granted a nuclear licence referred to in section 51(1), together with a map or maps showing, where applicable, the position and limits of every site or nuclear installation in question.
The CNS shall make arrangements for copies of such record and every such map to be available for inspection by the public, and shall, at such times and in such manner as it may deem appropriate, give notice to the public of such arrangements.
If, in the opinion of the CNS, the risk of nuclear damage arising from anything done or being done, or which has been or is present, at or in any nuclear installation, or on any site in respect of which no nuclear licence is any longer in force, is within limits laid down by the CNS for the safeguarding of persons, particulars in connection therewith may be removed from the record referred to in paragraph (a).
The CNS shall not grant a nuclear licence to any person unless such person has, if so required by the Minister, given security to the satisfaction of the Minister to fulfil any obligations which he may incur towards any person in terms of section 61 if such a nuclear licence is granted to him.
The Minister shall with the concurrence of the Minister of Finance determine the time when, the manner in which and the amount for which security required by him in terms of subsection (1) shall be given.
discharge the licensee from security given in any other manner.
If a nuclear accident occurs and compensation is claimed in respect thereof from the licensee in question, or the Minister is satisfied that such compensation will be so claimed, the Minister may require the licensee who has provided security to give additional security with respect to such accident or with respect to nuclear accidents which may occur subsequent to the giving of such additional security and cause damage for which he is liable in terms of this Act, to the extent to which, in the opinion of the Minister, the existing security given by the licensee has been or may be diminished, or rendered inadequate, as a result of any claim for compensation which has been or may be so made.
Any nuclear licence may at any time be revoked by the CNS or surrendered by any licensee.
If a nuclear licence has been revoked by the CNS or surrendered in terms of subsection (1), the licensee concerned shall, if so directed by the CNS, deliver up or account for such nuclear licence to such person as the CNS may direct, and in the case of a licensee to whom a nuclear licence referred to in section 51(1) has been granted, such licensee shall during the remainder of his period of responsibility display, and cause to be so kept displayed, on the relevant site, if any, notices indicating the limits thereof in such positions as may be directed by the CNS.
The CNS may on such revocation or surrender of a nuclear licence, or from time to time thereafter, in the case of a licensee to whom a nuclear licence referred to in section 51(1)(a) has been granted, until the expiration of the period of responsibility of the licensee concerned, give to the licensee such other directions as it may deem fit for preventing the causing of nuclear damage by anything which is being done or was done, or is or was present at or in, the relevant nuclear installation or on the relevant site, or for giving warning of any risk thereof.
For the purposes of subsection (1) radioactive material which is being conveyed on behalf of, or in terms of a contract with, a licensee shall be deemed to be under the control of such licensee while being so conveyed.
Subject to the provisions of subsection (4), no person other than the licensee in question shall be liable for any nuclear damage caused as contemplated in subsection (1), and notwithstanding anything contained in the Apportionment of Damages Act, 1956 (Act No. 34 of 1956), or any other law or any other legal rule, no fault of any person shall be a defence to any claim for compensation on account of such damage, or affect the amount of the compensation which the licensee is liable to pay by virtue of the provisions of subsection (1).
If a nuclear accident occurs in connection with radioactive material or a nuclear installation or a site in respect of which a nuclear licence has been granted, the licensee in question shall forthwith report it to the CNS and to such other persons, if any, as may be prescribed in relation to accidents of the kind in question.
If the CNS is in terms of subsection (1) advised of the occurrence of a nuclear accident, it shall direct an inspector to investigate and report to it upon the accident and its causes, circumstances and effects, and, upon receipt of such report, the CNS shall in such manner as it may deem fit define particulars of the period during which and the area within which, in its opinion, the risk of nuclear damage connected with the accident exceeds the limits laid down by the CNS for the safeguarding of persons: Provided that if the CNS is of the opinion that it has not been informed of all persons who could have been present during any such period within any such area, the CNS shall define particulars of such period and area by notice in the Gazette.
The CNS shall, in the prescribed manner, keep a record of the names of all persons who according to its information were within the area so defined at any time during the period so defined, and of such particulars concerning them as may be prescribed.
For the purposes of the proof of claims for compensation for nuclear damage any such record shall upon its mere production by any person in any court of law be admissible in evidence, and shall be prima facie proof of the presence of the person in question within the area so defined during the period so defined.
Neither the defining of any area or period in terms of subsection nor the failure to record the name of any person in terms of subsection (3), shall prejudice the right of any person to claim compensation from a licensee by virtue of the provisions of section 61.
If the aggregate amount of any claims for compensation against a licensee referred to in section 61 by virtue of the provisions of the said section, or if the amount of any such claims which has already been paid by the licensee together with the estimated amount still likely to be required to be paid, exceeds, or is likely to exceed, the amount for which he has given security in terms of section 59 in respect of the nuclear accident in question, he shall forthwith notify the Minister thereof in writing, giving particulars of the aggregate number and amount of all such claims received and paid, together with an estimate of the number and amount of any other such claims which may have to be satisfied.
table in Parliament a report on the nuclear accident in question in such form as he may consider appropriate, and in which is recommended that Parliament appropriate money for rendering financial assistance in the amount by which such claims exceed or are likely to exceed the security so available: Provided that the liability of the licensee as contemplated in section 61 shall in no respect be affected by any such appropriation; and by notice in the Gazette suspend the obligation to pay such claims in respect of the nuclear accident in question until Parliament has decided about the recommendation.
If Parliament has by resolution decided that money in an amount specified in such resolution be so appropriated, no payment of any such claim for compensation arising out of the said nuclear accident shall be made after the passing of such resolution without the approval of the Minister or an order of court.
The giving of additional security by a licensee in terms of section 59(4) shall not affect the application of the provisions of this section.
the running of the said period of prescription of two years shall be suspended during any period in which negotiations in connection with a settlement are being conducted by or on behalf of the claimant and the licensee concerned, which period shall commence on the date on which such negotiations commenced in writing, and shall end on the date on which any of the parties concerned notifies the other that he is not proceeding with the negotiations: Provided that, subject to the provisions of paragraph (a), the said suspension shall not be longer than five years: Provided further that a claimant may only once claim such suspension during such period of prescription of two years.
the conditions imposed upon him by the CNS in terms of section 54 or 55; or the revocation of a nuclear licence granted to him by the CNS, may within 60 days after he has been notified of the decision referred to in paragraph (a), (b), (c) or (d), as the case may be, in the prescribed manner appeal against such decision to the Minister.
The implementation of a decision of the CNS shall not, pending the outcome of an appeal under subsection (1), be suspended.
Whenever an appeal under subsection (1) is lodged with the Minister, the CNS shall at the request of the Minister submit to the Minister in writing the reasons for the decision against which the appeal is lodged.
vary such decision; or substitute for such decision any other decision which in the opinion of the Minister ought to have been taken.
The decision of the Minister on an appeal shall for all purposes be deemed to be a decision of the CNS.
Any person aggrieved by any decision of the Minister in terms of section 65; or any condition imposed by the Minister in terms of section 55, may within 60 days after he has been notified of the Minister's decision in the prescribed manner appeal against such decision to the Supreme Court of South Africa.
A decision of the Minister contemplated in section 65 shall be deemed to be judgment in civil proceedings in the magistrate's court of the district in which the head office of the CNS is situated.
The implementation of a decision of the Minister shall not, pending the outcome of an appeal under subsection (1), be suspended.
The Supreme Court may confirm, set aside or amend the decision of the Minister; or remit the matter to the Minister for further consideration; and give an order as to costs as the court may deem fit.
The judgment of the Supreme Court under subsection (4) shall have the effect of a judgment in civil proceedings.
The decision of the Supreme Court contemplated in subsection (4)(a) shall for all purposes be deemed to be a decision of the CNS.
The CNS may, subject to the provisions of section 45, appoint such number of inspectors as it may consider necessary or expedient for the purposes of giving effect to the provisions of this Chapter.
The CNS shall issue to every person appointed under subsection (1) a certificate to the effect that he has so been appointed, and in the exercise of his powers and the performance of his functions that person shall on demand of any interested person produce such certificate.
exercise or carry out any other prescribed powers and duties.
Any person affected by any decision of an inspector taken under any provision of this section which has not been so taken with the express approval of the CNS, may, within 30 days after the decision has been made known to him, lodge an appeal to the CNS in the prescribed manner.
The CNS may in respect of such an appeal confirm, amend or annul the decision of the inspector.
The CNS may require any applicant for a nuclear licence, or any licensee, or any owner or person in control of any site or place referred to in subsection (3) (a), to pay, within the period specified by the CNS, such fees to the CNS as the CNS may from time to time determine in connection with inspections and investigations in terms of this section.
When the Minister is in the exercise of any power in terms of this Act of the opinion that it is in the interests of the security of the State that the reasons for his exercise or his proposed exercise of such power be not disclosed, he need not disclose those reasons to any person affected or to be affected thereby.
receive any information knowing or having reasonable grounds to believe that it has been communicated, transmitted or made known to him in contravention of the provisions of paragraph (a); or fail to take reasonable steps to safeguard information which he has in his possession or under his control and which he is under paragraph (a) prohibited from making known, transmitting or otherwise disclosing to any person, or publishing, or so conduct himself as to endanger the secrecy thereof.
The provisions of subsection (1) shall not apply in respect of the disclosure of information by any person in so far as it is necessary for the purposes of the performance of his functions in terms of this Act or for the purposes of legal proceedings under this Act or when it is required of him by a court or in terms of this Act.
For the purposes of this section "information" shall include anything purporting to be information or containing or providing information.
The written consent of the CNS granted in respect of matters mentioned in section 69 shall not be a recognition by the CNS of the accuracy of the information for which the consent referred to was granted, and the onus of proof of the accuracy thereof vests in any lawsuit with the person or organization which has made known, communicated or published such information.
The AEC or the CNS may make or cause to be made such arrangements as it may deem necessary for the proper protection, defence or security of property which belongs to or is under the control of the AEC or a subsidiary company or the CNS, or is on any place on which activities of the AEC or a subsidiary company or the CNS are performed.
arrest or cause to be arrested a person in possession of an object referred to in paragraph (b)(ii).
defray all reasonable expenses incurred by or on behalf of such person in respect of medical, surgical, dental or hospital treatment, expert nursing services or the supply and maintenance of any artificial part of the body or other device necessitated by such injury or disease; and pay compensation in respect of disablement or death caused by such injury or disease.
If any person who is entitled to any benefit under this section would also be entitled, but for the provisions of this section, to any benefit in respect of the same injury or disease under the Workmen's Compensation Act, 1941 (Act No. 30 of 1941), his right under the said Act shall ipso facto lapse.
Nothing contained in this section shall affect any right which any person may have under his contract of employment or under any provision of any law, to benefits more favourable than those to which he may be entitled under this section: Provided that no person shall be entitled to claim benefits both under this section and under the said contract or provision.
or a subsidiary company, or the accounting officer referred to in section 49 in the case of the CNS, shall determine the amount of such loss or damage, and may order by notice in writing the said person to pay to the AEC or the relevant subsidiary company or the CNS, as the case may be, within 30 days from the date of such notice the whole or any part of the amount so determined.
If any person who is in the employment of the AEC or a subsidiary company or the CNS and who has in terms of subsection (1) been ordered to pay an amount, fails to pay such amount within the period stipulated in the notice in question, the amount may, subject to the provisions of subsections (4), (5) and (6), be deducted by the AEC or the subsidiary company in question or the CNS, as the case may be, from his monthly salary: Provided that such a deduction shall not in any month exceed one fourth of his monthly salary.
If a person who was in the employment of the AEC or a subsidiary company or the CNS and who has in terms of subsection (1) been ordered to pay an amount, fails to pay such amount within the period stipulated in the notice in question, the relevant accounting officer may, subject to the provisions of subsections (3), (4) and (5), recover such amount on behalf of the AEC or the subsidiary company in question or the CNS, as the case may be, from such person by legal process.
If any person who has been ordered to pay an amount under subsection (1), offers, within the period stipulated in the notice in question, to pay the amount in instalments, the accounting officer concerned may allow payment in such instalments as he may consider reasonable.
Any person who has in terms of subsection (1) been ordered to pay an amount may, within a period of 30 days from the date of such order, appeal to the Board of Directors or the council, as the case may be, stating the grounds for his appeal, and the Board of Directors or such council may, after such further investigation as it may deem necessary, dismiss the appeal or order that the appellant be exempt either wholly or partly from the payment of such amount, as the Board of Directors or the council may consider fair and reasonable.
Any person who has been ordered in terms of subsection (1) to pay an amount may, instead of appealing to the Board of Directors or the council under subsection (5), apply within a period of 30 days from the date of the order, or within such further period as the court may allow, to a competent court for an order setting aside such order or reducing the relevant amount, and the court may there upon, if it is not convinced on the merits of the case by the accounting officer concerned that the order was rightly made or that the amount is correct, make an order setting aside such order or reducing that amount, as the case may be.
If an amount is reduced under subsection (5) or (6), the amount so reduced shall mutatis mutandis be recovered in terms of the provisions of subsections (1), (2), (3) and (4).
Subject to the provisions of subsections (4) and (5), the rights in all discoveries, inventions and improvements made by employees of the AEC in the course of their work as employees of the AEC, shall vest in the AEC, and the chief executive officer may make such discoveries, inventions or improvements available for use in the public interest, subject to such conditions and the payment of such fees and royalties as he may determine.
The chief executive officer may in respect of any such discovery, invention or improvement the rights of which are vested in the AEC, pay out of its funds to the employee concerned such bonus or such other financial benefit as the Board of Directors may determine.
The chief executive officer may apply on behalf of the AEC for a patent for any invention or improvement referred to in subsection (1), and the AEC shall for the purposes of the Patents Act, 1978 (Act No.
1978, be regarded as the cessionary of the inventor.
The chief executive officer may direct the registrar of patents to keep secret any such invention and the manner in which it is to be applied.
The rights in any discovery, invention or improvement made by employees of the AEC in the course of work done on behalf of or for the benefit of another person or institution, shall vest in the AEC, unless otherwise agreed upon between the AEC and the person or institution concerned.
The rights in any discovery, invention or improvement made in the course of work or during a special investigation done or carried out by any other person or institution on behalf of or for the benefit of the AEC shall vest in the AEC, or in the other person or institution, or jointly in the AEC and the other person or institution, as agreed upon in writing beforehand by the parties, and the party or parties in whom the rights in the invention or improvement are vested, may apply for a patent for such invention or improvement.
civil proceedings; or arbitration proceedings in terms of the Arbitration Act, 1965 (Act No. 42 of 1965), in connection with any dispute arising out of this Act, the court or the arbitration tribunal, as the case may be, may, if it deems it necessary in the national interest, direct that the proceedings concerned be held in camera or that the public be excluded from attendance.
Subject to the provisions of subsection (2), the provisions of the Companies Act, 1973 (Act No. 61 of 1973), shall not apply in respect of the AEC or the CNS.
The Minister may, by notice in the Gazette, apply to the AEC any provision of the Companies Act, 1973, or of another law not contrary to the provisions of this Act, with the amendments, adjustments and exceptions stated in the notice.
In the same manner the Minister may exempt the AEC from the provisions of the laws referred to in the notice, to the extent so stated.
and in general, all matters in respect of which he may deem it necessary or expedient to make regulations to achieve the objects of this Act.
Any regulation made under subsection (1) may provide that any person contravening such regulation or failing to comply therewith, shall be guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding ten years, or to both a fine and such imprisonment.
The AEC or the CNS shall not be liquidated except by or in terms of an Act of Parliament.
The AEC or the CNS may reproduce or cause to be reproduced documents in its possession or under its control by microfilming or any other process which in its judgment reproduces such a document in a durable and accurate manner, and may keep or cause to be kept the reproduction instead of the original document in question.
Any reproduction referred to in subsection (1) shall for the purposes of this Act be deemed to be the relevant original document, and a copy obtained by means of such a reproduction and which has been certified by the chief executive officer or the executive officer, or an officer authorized by the chief executive officer or the executive officer, as a true copy, shall be conclusive evidence in any court of law of the contents of the original document in question.
The AEC and the CNS shall be exempted from the payment of any duties or fees which, but for the provisions of this section, would in terms of a provision of any law (except the Customs and Excise Act, 1964 (Act No. 91 of 1964), or the Value-Added Tax Act, 1991 (Act No. 105 of 1991)), have been payable to the State by the AEC or the CNS in respect of any act or transaction or in respect of any document connected with any act or transaction.
Subject to the provisions of subsection (2), no employee of the AEC, a subsidiary company or the CNS or any person who is or was in any other way involved in the activities of the AEC or the CNS, or any other person, who has obtained information of the activities of the AEC or the CNS which is not yet public knowledge, may, except with the written authorization of the chief executive officer or the executive officer, as the case may be, make known, transmit or otherwise disclose to any person any such information so acquired.
in so far as it is necessary for the purposes of the performance of his functions in terms of this Act or in so far as it is required of him by or under any other law; or to the Auditor-General.
in the case of any conviction of an offence in terms of any provision of this Act for which no penalty is expressly determined, to a fine or to imprisonment for a period not exceeding six months.
Any person who is guilty of an offence by virtue of a contravention of section 21 or 26, shall be deemed to have committed such offence in the Republic, and may be charged in any appropriate court in the Republic designated by the Minister or his assignee.
Any person who contravenes or fails to comply with a provision of this Act or any condition, notice, order, instruction, prohibition, authorization, permission, exemption, certificate or document determined, given, issued, promulgated or granted by or under this Act by the Minister, the council, the Board of Directors, the executive officer or the chief executive officer shall, if any such contravention or failure is not declared an offence elsewhere, be guilty of an offence.
On the fixed date anything done before such date in terms of the provisions of the Nuclear Energy Act, 1982, and which can be done in terms of the provisions of this Act, shall be deemed to have been done in terms of the latter provisions.
If any matter has not been completed on the fixed date by the Atomic Energy Corporation of South Africa, Limited, established by section 2 of the Nuclear Energy Act, 1982, or the Council for Nuclear Safety established by section 24 of the said Act, or by a committee thereof, the AEC or the CNS may continue with the completion of that matter in accordance with the stipulations of this Act, and anything done by the former corporation or council in connection with that matter, shall be deemed to have been done by the AEC or CNS, as the case may be, in terms of this Act.
A regulation or notice issued in terms of the Nuclear Energy Act, 1982, and which could be issued under this Act shall remain in force until it is replaced by a regulation or notice issued under this Act.
The person who occupied the post of chief executive officer of the Atomic Energy Corporation of South Africa, Limited, immediately before the fixed date, shall from that date be deemed to have been appointed in terms of section 11 of this Act, and he shall be deemed to have been appointed according to such conditions of service and with such remuneration as were applicable to him immediately before the above-mentioned date.
The persons who, before the fixed date, were appointed as members of the management board by the board of directors referred to in section 8(9) and who served as such at that date, shall be deemed to have been appointed in terms of section 12 of this Act.
Amendment of section 1 of Act 15 of 1973, as amended by section 1 of Act 16 of 1976, section 1 of Act 31 of 1981 and section 1 of Act 53 of 1992 84. Section 1 of the Hazardous Substances Act, 1973 (Act No.
"'Group IV hazardous substance' means fabricated radio-isotopes contemplated in the definition of 'nuclear-hazard material' in section 1 of the Nuclear Energy Act, 1982 (Act No. 92 of 1982), which are radioactive material which is outside a nuclear installation as defined in the said Act Nuclear Energy Act, 1993, and is not a material which forms part of or is used or intended to be used in the nuclear fuel cycle, and have has an activity concentration of more than 100 becquerels per gram and a total activity of more than 4 000 becquerels; or have has an activity concentration of 100 becquerels or less per gram or a total activity of 4 000 becquerels or less and which the Minister has by notice in the Gazette declared to be a Group IV hazardous substance, and which are is used or intended to be used for medical, scientific, agricultural, commercial or industrial purposes, and any radioactive waste arising from such radioactive material;".
The laws mentioned in the Schedule are hereby repealed.
This Act shall be called the Nuclear Energy Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.15160En.2012-02-10.en.txt</fn>
To repeal or to amend provisions which differentiate between men and women; and to provide for matters connected therewith.
(Assented to 24 September 1993.
Amendment of section 17 of Act 47 of 1937, as substituted by section 29 of Act 88 of 1984 and amended by section 1 of Act 75 of 1987 1.
"(6) A woman married out of community of property, or person married in terms of a marriage the legal consequences of which are governed by the law of any other country, shall be assisted by his or her husband spouse in executing any deed or other document required or permitted to be registered in any deeds registry or required or permitted to be produced in connection with any such deed or document, unless the marital power has been excluded or unless the assistance of the husband spouse is in terms of this Act or on other grounds deemed by the registrar to be unnecessary.".
Repeal of section 94 of Act 47 of 1937 2. Section 94 of the Deeds Registries Act, 1937, is hereby repealed.
Amendment of section 5 of Act 32 of 1944, as amended by section 6 of Act 40 of 1952 and section 1 of Act 91 of 1977 3.
females or minors or the public generally shall not be permitted to be present thereat.
Amendment of section 111 of Act 32 of 1944, as amended by section 10 of Act 63 of 1976 4.
Section 111 of the Magistrates' Courts Act, 1944, is hereby amended by the deletion of subsection (4).
Amendment of section 3 of Act 44 of 1949, as amended by section 3 of Act 64 of 1961, section 1 of Act 95 of 1981 and section 1 of Act 70 of 1991 5.
his father one of his parents was a prohibited person or had no right of permanent residence in the Union under the law then in force in the Union and his mother other parent was not a South African citizen.
Amendment of section 4 of Act 44 of 1949, as amended by section 4 of Act 64 of 1961 6.
"(b) section 5 or 6 a South African citizen, and whose father or mother was at the time of such person's birth-".
Amendment of section 5 of Act 44 of 1949, as amended by section 5 of Act 64 of 1961 and section 2 of Act 70 of 1991 7.
his father one of his parents was, at the time of the birth, domiciled in the Union or South West Africa.
"(2) A person who, immediately prior to the date of commencement of this Act, was a Union national by virtue of the provisions of paragraph (d) of section 1 of the Union Nationality and Flags Act, 1927 (Act No. 40 of 1927), but whose father or mother was not, at the time of such person's birth, a British subject under the law then in force in the Union, shall be a South African citizen if he would have been such a citizen by virtue of the provisions of subsection (1) of this section if his father one of his parents had, at the time of the birth, been a British subject under the law then in force in the Union."
"(b) he would be such a citizen by virtue of the provisions of subsection (1) if he were the natural child of his adoptive father or mother.".
Amendment of section 10 of Act 44 of 1949, as amended by section 9 of Act 64 of 1961, section 20 of Act 69 of 1962, section 3 of Act 23 of 1964 and section 2 of Act 95 of 1981 8.
"(2) Any period during which an applicant for naturalization has been employed outside the Union in the service of the Government of the Union (otherwise than as a person engaged locally) or on a ship or aircraft or a public means of transport registered or licensed in and operating from the Union, and any period during which a woman person who is an applicant for naturalization has been resident outside the Union with her husband his or her spouse while the latter was so employed, shall, for the purposes of subsection (1), be regarded as a period of residence or ordinary residence in the Union, and for such purposes the Minister may, in his discretion, regard as a period of residence or ordinary residence in the Union any period during which an applicant for naturalization has been employed outside the Union on a ship, aircraft or public means of transport operating from the Union, and any period during which a woman person who is an applicant for naturalization has been resident outside the Union with her husband his or her spouse while the latter was so employed, notwithstanding the fact that such ship, aircraft or public means of transport was not registered or licensed in the Union."
who satisfies the Minister that he has been lawfully admitted to the Union for permanent residence therein.
he is the husband of, or in the case of a woman, she is the wife of a South African citizen, he or she has in terms of any law relating to immigration obtained permission to enter the Union for permanent residence therein and he or she has resided with her husband his or her spouse in the Union or, while he or she was employed in the service of the Government of the Union, outside the Union for a period of not less than two years.
Amendment of section 17 of Act 44 of 1949, as amended by section 12 of Act 64 of 1961 and section 4 of Act 23 of 1964 9.
"(d) in the case of the husband, wife or minor child of a person who is a South African citizen by birth or descent, such husband, wife or child so resides with such person; or".
Repeal of sections 1 and 2 of Act 37 of 1953 10.
Sections 1 and 2 of the Matrimonial Affairs Act, 1953, are hereby repealed.
Amendment of section 3 of Act 23 of 1957, as amended by section 5 of Act 139 of 1992 11.
"(g) any person whose wife spouse keeps or resides in or manages or assists in the management of a brothel unless he such person proves that he or she was ignorant thereof or that he or she lives apart from her the said spouse and did not receive the whole or any share of the moneys taken therein.".
Amendment of section 78 of the First Schedule to Act 44 of 1957 12.
"(3) Whenever it appears to a convening authority or a court martial that, in the interests of good order or public morals or the administration of justice or for reasons of security, a trial ought not to be conducted or continued in open court, the convening authority or the court martial may at any time either before the commencement or during the course of the trial, order that persons other than the accused, his counsel and the necessary court officials, or females, that juveniles or other classes of persons, shall not be permitted to be present at the trial.".
Amendment of section 5 of Act 63 of 1962, as amended by section 2 of Act 30 of 1972, section 11 of Act 70 of 1974, section 10 of Act 4 of 1976, section 2 of Act 115 of 1977, section 7 of Act 102 of 1983 and section 2 of Act 29 of 1987 13.
to sell and supply sorghum beer.
Amendment of section 16 of Act 63 of 1962, as amended by section 93 of Act 42 of 1964, section 19 of Act 98 of 1965, section 5 of Act 30 of 1972 and section 23 of Act 62 of 1973 14.
Section 16 of the Sorghum Beer Act, 1962, is hereby amended by the deletion of paragraph (c) of subsection (1).
Amendment of section 15 of Act 47 of 1963, as substituted by section 6 of Act 112 of 1992 15.
Section 15 of the Coloured Persons Education Act, 1963, is hereby amended by the deletion of paragraph (g) of subsection (1).
Repeal of section 17 of Act 66 of 1965 16.
Section 17 of the Administration of Estates Act, 1965, is hereby repealed.
notwithstanding the provisions of section 17 as so applied, letters of curatorship may be granted to a married woman as curatrix of her husband or his property, without his consent.
Amendment of section 16 of Act 16 of 1967, as substituted by section 6 of Act 14 of 1991 18.
Titles Office or required or permitted to be produced in connection with any such deed or document, unless the marital power has been excluded or unless the assistance of the husband other spouse is in terms of this Act or on other grounds deemed by the registrar to be unnecessary.
Substitution of section 30 of Act 16 of 1967 19.
a woman person who at the date of the registration was married out of community of property or whose marriage was at that date governed by the law of any country other than the Republic or South-West Africa and who has since been widowed or become a widow or widower or been divorced, the registrar may on written application by such woman person (assisted where necessary by her husband such person's spouse) and on production of the relevant deed or, where there are two or more interdependent deeds, of all such deeds, and of proof to his satisfaction of the change in her such person's status, record the change on such deed or deeds and in the registers.
Amendment of section 38 of Act 16 of 1967 20.
to a woman unless in the said written consent she renounces any special legal exceptions which she would otherwise be entitled to raise.
Repeal of section 60 of Act 16 of 1967 21.
Section 60 of the Mining Titles Registration Act, 1967, is hereby repealed.
Amendment of section 3 of Act 68 of 1969, as amended by section 10 of Act 139 of 1992 22.
"(a) the person against whom the prescription is running is a minor or is insane, or is a woman whose separate property is controlled by her husband by virtue of his marital power, or is a person under curatorship, or is prevented by superior force from interrupting the running of prescription as contemplated in section 4; or".
Amendment of section 216 of Act 61 of 1973, as substituted by section 15 of Act 59 of 1978 and amended by section 15 of Act 83 of 1981, section 10 of Act 70 of 1984 and section 8 of Act 18 of 1990 23.
the written consent under section 218(1)(b) of the husband of any woman appointed as a director of the company has been obtained on the prescribed form.
Amendment of section 218 of Act 61 of 1973, as substituted by section 17 of Act 59 of 1978 24.
"(b) a minor or any other person under legal disability save a married woman subject to the marital power of her husband whose written consent to her appointment as a director has, on the form referred to in section 211(1)(a), been lodged with the company;".
Amendment of section 14 of Act 78 of 1973 25.
"(1) Save as provided in subsection (2), No male person under the age of 16 years and no female shall perform risk work at a controlled mine or a controlled works, and no owner of such a mine or works or person in control of such a mine or works or any part thereof or contractor shall knowingly permit any male person under the age of 16 years or any female to perform risk work at such mine or works."
by the deletion of subsection (2).
Amendment of section 1 of Act 80 of 1976 26.
"(a) a sublessee and the widower or widow or divorced or deserted wife spouse of a lessee or sublessee who was living with him the lessee at the time of his the lessee's death, divorce or desertion;".
Amendment of section 108 of Act 91 of 1981, as amended by section 15 of Act 42 of 1985 27.
Section 108 of the Co-operatives Act, 1981, is hereby amended by the deletion of paragraph (c) of subsection (1).
Amendment of section 33 of Act 61 of 1984 28.
Section 33 of the Small Claims Courts Act, 1984, is hereby amended by the deletion of subsection (4).
Substitution of section 11 of Act 88 of 1984 29.
The common law rule in terms of which a husband obtains the marital power over the person and property of his wife is hereby repealed.
Any marital power which a husband has over the person and property of his wife immediately prior to the date of coming into operation of this subsection, is hereby abolished.
The provisions of Chapter III shall apply to every marriage in community of property irrespective of the date on which such marriage was entered into.
The abolition of the marital power by subsection (2) shall not affect the legal consequences of any act done or omission or fact existing before such abolition.
Substitution of section 13 of Act 88 of 1984 30.
The provisions of this Chapter do not affect the law relating to the position of the husband as head of the family or the law relating to domicile and guardianship.
Repeal of section 26 of Act 88 of 1984, as substituted by section 5 of Act 3 of 1988 31.
Section 26 of the Matrimonial Property Act, 1984, is hereby repealed.
Amendment of section 1 of Act 72 of 1986 32.
Section 1 of the Identification Act, 1986, is hereby amended by the substitution in paragraph (d) of subsection (2) for the word "wife" of the word "spouse".
Amendment of section 4 of Act 72 of 1986 33.
Section 4 of the Identification Act, 1986, is hereby amended by the substitution in paragraph (b) for the word "wife" of the word "spouse".
Amendment of section 4 of Act 73 of 1986 34.
"(2) Any period during which a person applying for registration as a South African citizen has been employed outside the Republic in the service of the Government of the Republic or on a ship or aircraft or any public means of transport registered or licensed in and operating from the Republic, and any period during which a woman the spouse of a person so applying has been resident outside the Republic with his or her husband spouse while the latter was so employed, shall, for the purposes of subsection (1), be regarded as a period of permanent residence in the Republic, and for such purposes the Director-General may, in his discretion, regard as a period of permanent residence in the Republic any period during which an applicant for registration as a South African citizen has been employed outside the Republic on a ship, aircraft or public means of transport operating from the Republic, and any period during which a woman the spouse of a person so applying has been resident outside the Republic with his or her husband spouse while the latter was so employed notwithstanding the fact that such ship, aircraft or public means of transport was not registered or licensed in the Republic.".
Amendment of section 5 of Act 73 of 1986 35.
is lawfully and permanently resident in the Republic and has been so resident for a continuous period of not less than two years immediately preceding her the application and after her such person's marriage to such citizen.
Amendment of section 32 of Act 50 of 1991 36.
Section 32 of the Minerals Act, 1991, is hereby amended by the deletion of subsection (2).
Amendment of section 28 of Act 96 of 1991 37.
Section 28 of the Aliens Control Act, 1991, is hereby amended by the substitution in subsection (1) for the word "wife" of the word "spouse".
Amendment of section 31 of Act 96 of 1991 38.
"(v) in the case of the wife spouse or dependant child of a person who is a South African citizen, such wife spouse or child was so resident with such person; or".
Sections 111(4) of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), and 33(4) of the Small Claims Courts Act, 1984 (Act No. 61 of 1984), shall, notwithstanding their repeal by sections 4 and 28 respectively, remain in force in respect of legal proceedings instituted before such repeal.
This Act shall be called the General Law Fourth Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.15161En.2012-02-10.en.txt</fn>
The Provincial Disaster Management Centre (PDMC) together with the provincial Department of Education, who is the implementing agent, will be launching the Basic Education Kit in four pilot schools (i.e.
<fn>GOV-ZA.15162En.2012-02-10.en.txt</fn>
To amend the Correctional Services Act, 1959, so as to adjust a definition and to entrust to the Commissioner certain administrative functions previously entrusted to the Minister; to amend the Public Service Labour Relations Act, 1993, so as to make its provisions applicable to the Department of Correctional Services; and to provide for matters incidental thereto.
Insertion of section 3A in Act 8 of 1959 2.
Act, 1993, shall apply to the Department.
Whenever a provision of this Act is in conflict with a provision of the Public Service Labour Relations Act, 1993, the latter provision shall apply.
Amendment of section 5B of Act 8 of 1959, as substituted by section 7 of Act 122 of 1991 3.
"(7) A member of the National Advisory Council who is not in the full-time service of the State may receive such allowances as may be determined by the Minister Commissioner with the consent of the Minister of Finance State Expenditure.".
Amendment of section 9B of Act 8 of 1959, as inserted by section 4 of Act 104 of 1983 and amended by section 2 of Act 92 of 1990 and section 10 of Act 122 of 1991 4.
"(1) Every person who has served in a full-time capacity for a period as may be determined by the Minister Commissioner with the concurrence of the Minister of Defence Chief of the South African Defence Force in a post on the fixed establishment of the Department, and who has resigned or who resigns from the service of the Department on or after 1 January 1983, becomes at the commencement of this section or upon his resignation a member of the reserve force, and, subject to the provisions of this Act, remains a member thereof until he attains the age of 55 years.".
Amendment of section 9F of Act 8 of 1959, as inserted by section 4 of Act 104 of 1983 5.
Expenditure: Provided that any other remuneration paid by the State to such a member shall not be affected by this provision.
Amendment of section 9G of Act 8 of 1959, as inserted by section 6 of Act 68 of 1993 6.
"(a) the promotion of a commissioned officer of or above the rank of brigadier and the transfer of a commissioned officer of or above the rank of Deputy Commissioner shall be subject to the approval of the Minister;".
Amendment of section 12 of Act 8 of 1959, as amended by section 4 of Act 75 of 1965, section 10 of Act 62 of 1966, section 2 of Act 9 of 1971, section 3 of Act 58 of 1978, section 5 of Act 104 of 1983, section 4 of Act 92 of 1990 and section 1 of Act 80 of 1992 7.
"(b) The Commissioner may with the approval of the Minister determine the conditions under which such a member may be permitted to resign or withdraw himself from the said service.".
Substitution of section 13B of Act 8 of 1959, as inserted by section 5 of Act 92 of 1990 8.
the Minister may, after having considered the representations, reinstate such member in his employment as from the date of his dismissal in accordance with the provisions of section 19 of the Public Service Labour Relations Act, 1993 Act No. 102 of 1993.
Amendment of section 19 of Act 8 of 1959, as amended by section 8 of Act 92 of 1990 and section 7 of Act 68 of 1993 9.
(2) The Commissioner may with the approval of the Minister award to any person who is or was a member of the Department such monetary or other reward for exceptional ability or possessing special qualifications or rendering meritorious service, as is, in his opinion, a fitting reward therefor.
The Commissioner may with the approval of the Minister award a monetary or other reward to a person who performs an act which promotes the interests of the Department or of a member of the Department and which justifies such award.
Amendment of section 55 of Act 8 of 1959, as amended by section 49 of Act 70 of 1968, section 13 of Act 58 of 1978, section 4 of Act 65 of 1982, section 32 of Act 97 of 1986 and section 22 of Act 92 of 1990 10.
(2) (a) After the expiration of the period aforesaid, the Minister or, if authorized thereto by the Minister either specially in a particular case or generally the Commissioner may appoint a board of enquiry to investigate the charge in question.
in the case of a board appointed by the Commissioner, shall be such commissioned officers.
Substitution of section 68 of Act 8 of 1959, as substituted by section 21 of Act 68 of 1993 11.
Notwithstanding any provision to the contrary the Minister Commissioner may on the recommendation of the Commissioner grant to a prisoner who has rendered highly meritorious service a special remission of sentence not exceeding two years either unconditionally or on such conditions as he may determine.
Substitution of section 69 of Act 8 of 1959, as substituted by section 21 of Act 68 of 1993 12.
whose release or placement on parole is expedient on the grounds of his physical condition or, in the case of a woman, her advanced pregnancy, may at any time, on the recommendation of the medical officer, be released unconditionally or placed on parole by the Minister Commissioner: Provided that a prisoner sentenced to imprisonment for life shall not be placed on parole without the consent of the Minister.
Amendment of section 74 of Act 8 of 1959, as substituted by section 25 of Act 92 of 1990 13.
"(1) Notwithstanding anything contained in the Child Care Act, 1983 (Act No. 74 of 1983), or any other law, the Minister Director- General as defined in the said Act may in consultation with the Minister Commissioner, by order in writing transfer to a prison designated by the Minister Commissioner any person receiving training in a reform school governed by that Act, if, in his opinion, such person is a type of person who is not amenable to training in a reform school.".
Substitution of section 74A of Act 8 of 1959, as inserted by section 26 of Act 92 of 1990 14.
74A. The Minister Commissioner may, in consultation with the Minister Director-General as defined in the Child Care Act, 1983 (Act No. 74 of 1983), by order in writing transfer any person under the age of 21 years who is undergoing in any prison a sentence of imprisonment, to a reform school governed by the Child Care Act, 1983, and from the date of that order that person shall be deemed to have been sent to that reform school under section 290 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
Substitution of certain expressions in Act 8 of 1959 15.
The principal Act is hereby amended by the substitution wherever it appears in sections 4(2), 4A(3), 4B(1), 5C, 6(2), 9B(3),13A, 16(1), 26(1), 32A(1) and (2), 34(2), 35(2), 36(6)(b), 49(3), 61(c) and (d), 75(3) and (4), 88(3) and (4)(b) and 94(1)(w) for the word "Minister" of the word "Commissioner".
The continued validity after the date of commencement of this section of anything done or permitted by the Minister prior to such commencement in terms of a provision amended by this Act, shall not be affected solely by reason of the fact that the Minister is by virtue of such amendment divested of, and the Commissioner is by virtue of such amendment invested or charged with, the power or duty to do or to permit any such thing, and as from such date of commencement any such thing shall be deemed to have been done or permitted by the Commissioner.
Amendment of Act 102 of 1993 17.
"(a) a person employed in terms of an Act other than the Public Service Act or the Correctional Services Act, 1959 (Act No.
"(c) Upon the expiry of the period of three working days referred to in paragraph (a), the head of department shall take into account any written explanations so made, and may thereafter immediately terminate the services of any such employees at his sole discretion and notwithstanding the provisions of section 16(1) and (4) of the Public Service Act and section 12 of the Correctional Services Act, 1959 (Act No. 8 of 1959).".
This Act shall be called the Correctional Services Second Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.15163En.2012-02-10.en.txt</fn>
To amend the Police Act, 1958, so as to provide that matters concerning labour relations in the South African Police Force be regulated by regulation; and to provide for matters connected therewith.
Amendment of section 1 of Act 7 of 1958, as amended by section 1 of Act 53 of 1961, section 1 of Act 64 of 1964, section 1 of Act 74 of 1967, section 1 of Act 94 of 1972, section 1 of Act 34 of 1973, section 1 of Act 64 of 1979, section 1 of Act 68 of 1984, section 1 of Act 36 of 1989, section 1 of Act 75 of 1989, section 1 of Act 76 of 1989, section 1 of Act 110 of 1990, section 1 of Act 55 of 1991, section 1 of Act 87 of 1991 and section 1 of Act 23 of 1992 1.
"(b) for the purposes of sections 4(3), 8A, 9, 10, 10A, 10B, 10C, 10D, 10E, 10F, 11, 12, 14, 15, 16, 17, 17B, 18, 20, 21, 22, 25, 26, 26A, 27, 28, 31, 32bis, 33 (excluding paragraphs (eA) and (v) of subsection (1), and subsection (2) thereof), 34D, 34E and 35, a member of a municipal police unit;".
Insertion of section 8A in Act 7 of 1958 2.
8A. An member of the Force shall exercise his rights with respect to labour matters in terms of the regulations, and the State as his employer shall deal with and administer all such matters, including the resolution of disputes, in accordance with the regulations.
Amendment of section 33 of Act 7 of 1958, as amended by section 8 of Act 53 of 1961, section 19 of Act 64 of 1964, section 1 of Act 80 of 1970, section 5 of Act 94 of 1972, section 1 of Act 47 of 1981, section 46 of Act 97 of 1986, section 6 of Act 8 of 1988, section 3 of Act 75 of 1989, section 3 of Act 76 of 1989, section 13 of Act 87 of 1991 and section 1 of Act 16 of 1993 3.
"(mA) the rights of members of the Force in connection with all matters concerning labour relations between them and the State as their employer (including conditions of service, salaries and other benefits) and the administration and management of such matters, including the settlement of disputes and the establishment of mechanisms for such purpose;".
This Act shall be called the Police Second Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.15166En.2012-02-10.en.txt</fn>
To amend the Education Affairs Act (House of Assembly), 1988, so as to provide for the payment of rates by the State in respect of immovable property owned by state-aided schools; to amend the Education Policy Act, 1967, so as to make provision for the recognition of a successor to the Teachers' Federal Council; and to provide for matters connected therewith.
(Assented to 1 October 1993.
Amendment of section 31A of Act 70 of 1988, as inserted by section 7 of Act 88 of 1991 and amended by section 4 of Act 39 of 1992 and section 2 of Act 36 of 1993 1.
(5) (a) Notwithstanding the provisions of subsection 1 the State shall, in respect of the immovable property of a state-aided school, remain liable for the payment of rates which are levied under any law by a local authority on the value of immovable property within its area of jurisdiction.
For the purposes of the Rating of State Property Act, 1984 (Act No. 79 of 1984), a state-aided school shall be deemed to be a governmental institution as defined in section 1(1) of that Act.
Amendment of section 8B of Act 39 of 1967, as inserted by section 14 of Act 103 of 1986 2.
"(1) If a body is established by the Federal Council of Teachers' Associations in South Africa and the South African Teachers' Council for Whites established by section 2 of the South African Teachers' Council for Whites Act, 1976 (Act No. 116 of 1976), that body and any successor to that body shall be recognized by the Minister by notice in the Gazette as a juristic person with the object of promoting the prestige of the white teaching profession."
"(1A) Unless it is patently inappropriate in a particular case an reference to the Teachers' Federal Council or its predecessors in any law, contract, statutory register or record, or other document, shall, with effect from the date on which the Minister recognizes any successor as contemplated in subsection (1), be deemed to constitute a reference to such successor.".
This Act shall be called the Education Laws Amendment Act (House of Assembly), 1993.
The provisions of section 1 shall be deemed to have come into operation on 19 June 1991.
<fn>GOV-ZA.15167En.2012-02-10.en.txt</fn>
To amend the Insurance Act, 1943, so as to rectify the Afrikaans text of certain definitions; to amend the Estate Duty Act, 1955, so as to insert a definition; to amend the Income Tax Act, 1962, so as to make further provision regarding exemptions from taxation; to make certain textual alterations; to amend or substitute certain definitions; to make further provision regarding secondary tax on companies; and to amend provisions regarding the payment of tax pending an appeal; to amend the Stamp Duties Act, 1968, so as to provide for an exemption; to amend the Value-Added Tax Act, 1991, so as to alter the provisions regarding the payment of tax pending an appeal and the provisions regarding the payment of interest on delayed refunds; to amend the Income Tax Act, 1993, so as to make further provision with regard to unbundling transactions; and to provide for matters connected therewith.
94 of 1977, section 1 of Act 80 of 1978, section 1 of Act 103 of 1979, section 1 of Act 99 of 1980, section 1 of Act 36 of 1981, section 1 of Act 86 of 1984, section 1 of Act 106 of 1985, section 1 of Act 54 of 1989, section 29 of Act 97 of 1990, section 1 of Act 83 of 1992, section 1 of Act 104 of 1993 and section 63 of Act 113 of 1993 1.
"'amortisasiepolis' beteken 'n polis, uitgesonderd 'n lewenspolis of 'n tuisdienspolis, waarkragtens 'n versekeraar in ruil vir die betaling of belofte van betaling van 'n som of somme geld 'n verpligting aanvaar om aan 'n persoon 'n som of somme geld to betaal op 'n bepaalde of bepaalbare toekomstige datum of na die verloop van die tydperk soos bepaal by of kragtens artikel 59B(1) vanaf die datum waarop die enigste of eerste som geld aan die versekeraar betaalbaar geword bet kragtens die polis;".
Subsection (1) shall be deemed to have come into operation on 20 July 1993.
Amendment of section 1 of Act 45 of 1955, as amended by section 1 of Act 59 of 1957, section 1 of Act 65 of 1960, section 7 of Act 77 of 1964, section 3 of Act 92 of 1971, section 9 of Act 106 of 1980, section 5 of Act 86 of 1987, section 7 of Act 87 of 1988 and section 6 of Act 97 of 1993 2.
"'family company', in relation to a deceased person, means an company (other than a company whose shares are quoted on a recognized stock exchange) which at any relevant time was controlled or capable of being controlled directly or indirectly, whether through a majority of the shares thereof or any other interest therein or in any other manner whatsoever, by the deceased or by the deceased and one or more of his relatives;".
Subsection (1) shall be deemed to have come into operation on 9 July 1993.
Amendment of section 9 of Act 58 of 1962, as amended by section 7 of Act 90 of 1962, section 6 of Act 72 of 1963, section 7 of Act 90 of 1964, section 9 of Act 95 of 1967, section 12 of Act 89 of 1969, section 6 of Act 65 of 1973, section 9 of Act 85 of 1974, section 8 of Act 103 of 1976, section 9 of Act 121 of 1984, section 5 of Act 96 of 1985, section 6 of Act 65 of 1986, section 2 of Act 108 of 1986, section 7 of Act 85 of 1987, section 10 of Act 129 of 1991, section 7 of Act 141 of 1992 and section 5 of Act 113 of 1993 3. (1) Section 9 of the Income Tax Act, 1962, is hereby amended by the deletion in subsection (1) of the proviso to paragraph (f).
Subsection (1) shall be deemed to have come into operation as from the commencement of the years of assessment ending on or after 1 January 1994.
Amendment of section 10 of Act 58 of 1962, as amended by section 8 of Act 90 of 1962, section 7 of Act 72 of 1963, section 8 of Act 90 of 1964, section 10 of Act 88 of 1965, section 11 of Act 55 of 1966, section 10 of Act 95 of 1967, section 8 of Act 76 of 1968, section 13 of Act 89 of 1969, section 9 of Act 52 of 1970, section 9 of Act 88 of 1971, section 7 of Act 90 of 1972, section 7 of Act 65 of 1973, section 10 of Act 85 of 1974, section 8 of Act 69 of 1975, section 9 of Act 103 of 1976, section 8 of Act 113 of 1977, section 4 of Act 101 of 1978, section 7 of Act 104 of 1979, section 7 of Act 104 of 1980, section 8 of Act 96 of 1981, section 6 of Act 91 of 1982, section 9 of Act 94 of 1983, section 10 of Act 121 of 1984, section 6 of Act 96 of 1985, section 7 of Act 65 of 1986, section 3 of Act 108 of 1986, section 9 of Act 85 of 1987, section 7 of Act 90 of 1988, section 36 of Act 9 of 1989, section 7 of Act 70 of 1989, section 10 of Act 101 of 1990, section 12 of Act 129 of 1991, section 10 of Act 141 of 1992 and section 7 of Act 113 of 1993 4.
"(o) an remuneration derived b an person as an officer or crew member of a ship engaged in the international transportation for reward of passengers or goods if such person was outside the Republic for a period or periods exceeding 183 days in aggregate during the year of assessment;".
Amendment of section 11 of Act 58 of 1962, as amended by section 9 of Act 90 of 1962, section 8 of Act 72 of 1963, section 9 of Act 90 of 1964, section 11 of Act 88 of 1965, section 12 of Act 55 of 1966, section 11 of Act 95 of 1967, section 9 of Act 76 of 1968, section 14 of Act 89 of 1969, section 10 of Act 52 of 1970, section 10 of Act 88 of 1971, section 8 of Act 90 of 1972, section 9 of Act 65 of 1973, section 12 of Act 85 of 1974, section 9 of Act 69 of 1975, section 9 of Act 113 of 1977, section 5 of Act 101 of 1978, section 8 of Act 104 of 1979, section 8 of Act 104 of 1980, section 9 of Act 96 of 1981, section 7 of Act 91 of 1982, section 10 of Act 94 of 1983, section 11 of Act 121 of 1984, section 46 of Act 97 of 1986, section 10 of Act 85 of 1987, section 8 of Act 90 of 1988, section 8 of Act 70 of 1989, section 11 of Act 101 of 1990, section 13 of Act 129 of 1991, section 11 of Act 141 of 1992 and section 9 of Act 113 of 1993 5.
"(viii) where in respect of any machinery, implement, utensil or article acquired by the taxpayer on or after 21 June 1993, a deduction or allowance was previously granted to a connected person in relation to the taxpayer under this paragraph or section 12B(1) or 12C(1), or under section 27(2)(d) prior to the deletion thereof by section 28(b) of the Income Tax Act, 1991 (Act No.
"(dd) where any such invention, patent, design, trade mark, copyright or other property or knowledge was so acquired or obtained by the taxpayer on or after 1 July 1993 from any other person who is a resident of the Republic or a neighbouring country (or, in the case of a company, a domestic company or a company incorporated, managed or controlled in a neighbouring country), and who is a connected person in relation to the taxpayer, the allowance under this paragraph shall be calculated on an amount not exceeding the lesser of the cost of such invention, patent, design, trade mark, copyright or other property or knowledge to such connected person or the market value thereof as determined on the date upon which such invention, patent, design, trade mark, copyright or other property or knowledge was acquired or obtained by the taxpayer;".
Subsection (1)(a) shall be deemed to have come into operation on 21 June 1993.
Subsection (1)(b) shall be deemed to have come into operation on 1 July 1993.
Amendment of section 12B of Act 58 of 1962, as inserted by section 11 of Act 90 of 1988 and amended by section 13 of Act 101 of 1990 and section 10 of Act 113 of 1993 6.
"the deduction in terms of this section shall be calculated on an amount not exceeding the lesser of the cost of such asset to such connected person or the market value thereof as determined on the date upon which the asset was brought into use by such person.".
Subsection (1) shall be deemed to have come into operation on 21 June 1993 l and shall apply to any asset acquired on or after that date.
Amendment of section 12C of Act 58 of 1962, as inserted by section 14 of Act 101 of 1990 and amended by section 11 of Act 113 of 1993 7.
Subsection (1) shall be deemed to have come into operation on 21 June 1993 and shall apply to any asset acquired on or after that date.
Amendment of section 14 of Act 58 of 1962, as substituted by section 19 of Act 55 of 1966 and amended by section 17 of Act 85 of 1974, section 12 of Act 103 of 1976, section 11 of Act 104 of 1979, section 10 of Act 65 of 1986 and section 14 of Act 113 of 1993 8.
"(4) Where any person is entitled to an allowance under this section in respect of any ship acquired by him on or after 21 June 1993 from a connected person, and a deduction under this section was previously granted to such connected person in respect of the ship concerned, whether in the current or any previous year of assessment, the deduction under this section shall be calculated on an amount not exceeding the lesser of the adjustable cost of the ship concerned to such connected person or the market value thereof as determined on the date upon which the ship was acquired by such person.".
Subsection (1) shall be deemed to have come into operation on 21 June 1993.
Amendment of section 14bis of Act 58 of 1962, as inserted by section 16 of Act 88 of 1965 and amended by section 15 of Act 141 of 1992 and section 15 of Act 113 of 1993 9.
"(5) Where any person is entitled to an allowance under this section in respect of any aircraft acquired by him from a connected person, and a deduction under this section was previously granted to such connected person in respect of such aircraft, whether in the current or any previous year of assessment, the deduction under this section shall be calculated on an amount not exceeding the lesser of the cost of the aircraft concerned to such connected person or the market value thereof as determined on the date upon which the aircraft was brought into use by such person.".
Subsection (1) shall be deemed to have come into operation on 21 June 1993 and shall apply to any aircraft acquired on or after that date.
Amendment of section 23D of Act 58 of 1962, as inserted by section 19 of Act 113 of 1993 10.
"(2) Where any asset which has been let by a taxpayer to a lessee was acquired by the taxpayer on or after 21 June 1993, whether directly or indirectly from such lessee or a person who is a connected person in relation to such lessee, and a deduction was previously granted to such lessee or such connected person under section 11(e), 12B, 12C, 13, 14 or 14bis or section 12 prior to the repeal thereof by section 16 of the Income Tax Act, 1991 (Act No. 129 of 1991), or section 27(2)(d) prior to the deletion thereof by section 28(b) of that Act, whether in the current or any previous year of assessment, any deduction or allowance claimed by such lessor in respect of such asset in terms of section 11(e) or (o), 12C, 13, 14 or 14bis shall be calculated on an amount not exceeding the lesser of the cost or adjustable cost, as the case may be, of such asset to such lessee or such connected person or the market value thereof as determined on the date upon which the asset was acquired by the taxpayer.".
Amendment of section 241 of Act 58 of 1962, as inserted by section 21 of Act 113 of 1993 11.
Amendment of section 64B of Act 58 of 1962, as inserted by section 34 of Act 113 of 1993 12.
"(c) so much of any dividend distributed in the course of the liquidation or winding up of a company, or in anticipation of the deregistration of a company under a scheme for the rationalization of a group of companies in terms of section 48 of the Taxation Laws Amendment Act, 1988 (Act No. 87 of 1988), as is shown by the company to be a distribution of profits derived during any year of assessment which ended not later than 31 March 1993, other than any such profits derived by way of the revaluation of trading stock held by such company; and".
Subsection (1) shall be deemed to have come into operation on 17 March 1993.
Amendment of section 64C of Act 58 of 1962, as inserted by section 34 of Act 113 of 1993 13.
"(h) to so much of any amount distributed as constitutes a profit of a capital nature, if the liquidation or winding up of the distributing company has commenced or is commenced within six months after the date on which such amount is so distributed or such further reasonable period as the Commissioner may allow.".
Amendment of section 88 of Act 58 of 1962, as substituted by section 40 of Act 113 of 1993 14.
"(2) The payment by the Commissioner of any interest under the provisions of this section shall be deemed to be a drawback from revenue charged to the State Revenue Fund.".
Amendment of section 89quat of Act 58 of 1962, as inserted by section 34 of Act 121 of 1984, substituted by section 22 of Act 65 of 1986 and amended by section 18 of Act 70 of 1989 and section 42 of Act 113 of 1993 15.
"(6) The payment by the Commissioner of any interest under the provisions of this section shall be deemed to be a drawback from revenue charged to the State Revenue Fund.".
Amendment of paragraph 1 of 4th Schedule to Act 58 of 1962, as added by section 19 of Act 6 of 1963 and amended by section 22 of Act 72 of 1963, section 44 of Act 89 of 1969, section 24 of Act 52 of 1970, section 37 of Act 88 of 1971, section 47 of Act 85 of 1974, section 6 of Act 30 of 1984, section 38 of Act 121 of 1984, section 20 of Act 70 of 1989, section 44 of Act 101 of 1990, section 44 of Act 129 of 1991, section 33 of Act 141 of 1992 and section 48 of Act 113 of 1993 16.
"(c) 35 per cent of the amount of any allowance or advance in respect of transport expenses referred to in section 8(1)(b), other than any such allowance or advance contemplated in section 8(1)(b)(iii) which is based on the actual distance travelled by the recipient, and which is calculated at a rate per kilometre which does not exceed the appropriate rate per kilometre fixed by the Minister of Finance under the said item section 8(1)(b)(iii) ,".
Amendment of Item 15 of Schedule 1 to Act 77 of 1968, as substituted by section 13 of Act 89 of 1972 and amended by section 16 of Act 66 of 1973, section 21 of Act 88 of 1974, section 3 of Act 104 of 1976, section 20 of Act 114 of 1977, section 8 of Act 95 of 1978, section 8 of Act 102 of 1979, section 21 of Act 106 of 1980, section 9 of Act 99 of 1981, section 7 of Act 87 of 1982, section 14 of Act 92 of 1983, section 11 of Act 118 of 1984, section 11 of Act 82 of 1985, section 5 of Act 71 of 1986, section 13 of Act 108 of 1986, section 11 of Act 86 of 1987, section 33 of Act 87 of 1988, section 14 of Act 69 of 1989, section 9 of Act 136 of 1991, section 8 of Act 136 of 1992 and section 17 of Act 97 of 1993 17.
"(xvi) the South African Housing Trust Limited, a company registered under the Companies Act, 1973 (Act No. 61 of 1973), on 27 November 1986.".
Subsection (1) shall be deemed to have come into operation on 29 June 1993.
Amendment of section 36 of Act 89 of 1991, as substituted by section 2 of Act 61 of 1993 18.
Amendment of section 45 of Act 89 of 1991, as amended by section 33 of Act 136 of 1992 and section 4 of Act 61 of 1993 19.
"(3) The payment by the Commissioner of any interest under the provisions of this section shall be deemed to be a drawback from revenue charged to the State Revenue Fund.".
Amendment of section 60 of Act 113 of 1993 20.
Provided that for the purposes of paragraphs (b) and (c) the market value of such old shares on the date on which the qualifying shareholders became entitled to acquire such new shares by way of a distribution in specie, shall be determined without having regard to the fact that such new shares are to be issued to such shareholders.
This Act shall be called the Revenue Laws Amendment Act, 1993.
<fn>GOV-ZA.15168En.2012-02-10.en.txt</fn>
Government Gazette 15168 STATE PRESIDENT'S OFFICE No. 1860. 13 October 1993 It is hereby notified that the State President has assented to the following Act which is hereby published for general information:- No.
To provide for the establishment of a board to advise the Minister of Finance on policy matters with regard to financial services and financial regulation; and to provide for matters connected therewith.
"Minister" means the Minister of Finance.
There is hereby established a board to be known as the Policy Board for Financial Services and Regulation.
The board shall be a juristic person.
The object of the board shall be to advise the Minister on policy matters relating to financial services and financial regulation, either of its own accord or at the request of the Minister.
The board shall consist of such number of members as the Minister may determine.
Members of the board shall be appointed by the Minister with due regard to their knowledge, expertise and experience in connection with financial and investment services, financial markets, supervision and regulation of such services and markets or the management and conduct of businesses related to such services and markets.
Appointments under subsection (2) shall be made by the Minister in consultation with bodies which in his opinion represent the interests of the services and markets referred to in subsection (2).
The Minister shall appoint one of the members of the board as the chairman and another member as the deputy chairman of the board.
The Minister may direct that the chairman of the board shall devote the whole of his time to the affairs of the board.
the Minister at any time for any reason which he may regard as sufficient terminates his period of office.
any matter referred to the board by the Minister.
The board may appoint committees to assist it in the performance of its functions or to perform such functions as may be assigned to them by the board, and may appoint also persons who are not members of the board as members of such committees.
The chairman of the board shall also be the chairman of every committee appointed in terms of subsection (1), and the board shall designate a member of each committee so appointed as deputy chairman of such committee.
If the chairman of a committee referred to in subsection (2) is absent or for any reason unable to act as chairman, the deputy chairman of the committee concerned shall act as chairman in his stead.
The board may delegate to any committee any of its powers, excluding the powers mentioned in this section, but shall not thereby be divested of a power so delegated, and may at any time withdraw such delegation.
A decision by a committee in the exercise of a power delegated to it under subsection (4) shall be subject to the approval of the board.
Meetings of the board or of a committee shall be held at such times and places as the chairman of the board or committee, as the case may be, may determine.
The board may with the approval of the Minister make rules relating to the procedure at meetings of the board and of a committee, and any other matter which, in the opinion of the board, may be necessary or expedient for the proper performance of the functions and the exercise of the powers of the board or such a committee.
the allowances, determined by the Minister with the concurrence of the Minister of State Expenditure.
The funds of the board shall consist of money appropriated by Parliament in order to enable the board to perform its functions.
This Act shall be called the Policy Board for Financial Services and Regulation Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.15171En.2012-02-10.en.txt</fn>
To amend the Estate Agents Act, 1976, so as to further provide for the appointment of persons on disciplinary committees; and to provide for matters connected therewith.
Amendment of section 8B of Act 112 of 1976, as inserted by section 5 of Act 51 of 1984 1.
"(1) The board may from time to time appoint such number of disciplinary committees as it deems fit, each consisting of at least three members, one of whom shall be appointed on account of his knowledge of the law, from among its members or from the ranks of persons who have knowledge of the law or experience in the resolution of disputes or such other knowledge or experience as, in the opinion of the board, renders them suitable for appointment as members of a disciplinary committee.".
This Act shall be called the Estate Agents Amendment Act, 1993.
<fn>GOV-ZA.15173En.2012-02-10.en.txt</fn>
WHAT IS THE ACCESS TO THE CAPE PROJECT &nbsp;&gt;&nbsp?
<fn>GOV-ZA.15175En.2012-02-10.en.txt</fn>
To provide for the payment of pension and other benefits to ministerial representatives; and to provide for matters connected therewith.
"Pension Act" means the Members of Parliament and Political Office- bearers Pension Scheme Act, 1984 (Act No. 112 of 1984).
a gratuity in terms of section 11 of the Pension Act.
in the case of a member referred to in section 9(1)(b) or 11(2) of the Pension Act, the period contemplated in paragraph (i) of the formula referred to in section 9(1), and the period contemplated in paragraph (a) of the formula referred to in section 11(2), shall be extended by a period of three months.
A ministerial representative who on 30 September 1993 has less than five years pensionable service to his credit shall be entitled to the pension in terms of section 9 and the gratuity in terms of section 11(2) of the Pension Act: Provided that he shall be entitled also to a gratuity in terms of section 11(1) of the Pension Act: Provided further that for the purposes of the application of paragraph (i) of the formula in section 11(1) of the Pension Act only service as an ordinary member in respect of which contributions were made shall apply.
The provisions of this Act shall not affect any rights of any person with regard to a pension or gratuity in terms of section 8, 9 or 11 of the Pension Act, but for the purposes of sections 9(1)(b) and 11(2) the pensionable service of a person concerned shall be extended by a period of three months.
The provisions of sections 6 and 12 of the Pension Act shall apply mutatis mutandis in respect of the calculation of pensionable service and the total of any pension or gratuity payable in terms of this Act.
To the estate of any person who at any time since 1 September 1993 occupied the office of ministerial representative and who dies or died before 30 September 1993 and to whose dependants no amount is payable in terms of section 15 of the Pension Act, there shall be paid an amount equal to the amount which would have been payable to the ministerial representative concerned in terms of the Pension Act if he still held the office of ministerial representative on 30 September 1993.
Any person who on 30 September 1993 holds the office of ministerial representative, his spouse and his dependant children shall be entitled until 31 December 1993 to undertake, at the expense of the State, for any purpose whatsoever, within the borders of the province in which he is resident a total of 18 single journeys by air, exchangeable on a basis of three single journeys within the province for one single journey to or from a place inside the Republic but outside the borders of the said province: Provided that the dependant children shall be entitled only to two single journeys on such exchange basis, during the said period.
This Act shall be called the Pension and Other Benefits for Ministerial Representatives Act, 1993.
<fn>GOV-ZA.15177En.2012-02-10.en.txt</fn>
The Department of Transport and Public Works initiated a R1.5 million project to upgrade damaged roads in the De Hoop Nature Reserve near Bredasdorp.
<fn>GOV-ZA.15178En.2012-02-10.en.txt</fn>
To amend the Insolvency Act, 1936, so as to amend the definition of "special mortgage"; to amend the Lower Courts Act, 1944, so as to further regulate the jurisdiction of civil lower courts; to amend the Estates Act, 1965, so as to confer upon the Minister of Justice the power to determine certain amounts by notice in the Gazette; to amend the Criminal Procedure Act, 1977, so as to further regulate the proof of foreign formal evidence; to amend the Manpower Training Act, 1981, so as to alter the date on which a contract of apprenticeship is deemed to be terminated; to amend the Judges' Remuneration and Conditions of Employment Act, 1989, so as to increase the non-taxable allowance paid to judges; to amend the Tobacco Products Control Act, 1993, so as to effect certain corrections; to amend the General Law Third Amendment Act, 1993, so as to further regulate the determination of the value of remuneration in kind in agriculture; to amend the Anti-Shark Measures Control Ordinance, 1964, of Natal, so as to further regulate the powers of the Natal Sharks Board; and to provide for matters connected therewith.
Amendment of section 2 of Act 24 of 1936, as amended by section 2 of Act 16 of 1943, section 1 of Act 6 of 1972, section 1 of Act 27 of 1987 and section 4 of Act 57 of 1993 1.
" 'special mortgage' means a mortgage bond hypothecating any immov able property or a notarial mortgage bond hypothecating specially described movable property in terms of section 1 of the Security by Means of Movable Property Act, 1993 (Act No. 57 of 1993), or such a notarial mortgage bond registered before 7 May 1993 in terms of section of the Notarial Bonds (Natal) Act, 1932 (Act No. 18 of 1932), but excludes any other mortgage bond hypothecating movable property;".
Subsection (1) shall be deemed to have come into operation on 7 May 1993.
Amendment of section 29 of Act 32 of 1944, as substituted by section 3 of Act 25 of 1987 and amended by section 21 of Act 120 of 1993 2.
"(fA) actions, including an application for liquidation, in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984);".
Amendment of section 80 of Act 66 of 1965, as amended by section 6 of Act 15 of 1978 3.
Section 80 of the Estates Act, 1965, is hereby amended by the substitution for the words "ten thousand rand" wherever they occur, of the words "the amount determined by the Minister from time to time by notice in the Gazette".
Amendment of section 90 of Act 66 of 1965, as substituted by section 7 of Act 12 of 1984 and amended by section 2 of Act 35 of 1986 4.
Section 90 of the Estates Act, 1965, is hereby amended by the substitution for the expression "R10 000" of the words "the amount determined by the Minister from time to time by notice in the Gazette".
Insertion of section 212A in Act 51 of 1977 5.
it is authenticated by a person, and in the manner, contemplated in section 8 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963).
The admissibility and evidentiary value of an affidavit contem plated in subsection (1) shall not be affected by the fact that the form of the oath, confirmation or attestation thereof differs from the form of the oath, confirmation or attestation prescribed in the Republic.
A court before which an affidavit contemplated in subsection (1) is placed, may, in order to clarify obscurities in the said affidavit, at the request of a party to the proceedings order that a supplementary affidavit be submitted or that oral evidence be heard: Provided that oral evidence shall only be heard if the court is of the opinion that it is in the interests of the administration of justice and that a party to the proceedings would be materially prejudiced should oral evidence not be heard.
Insertion of section 236A in Act 51 of 1977 6.
that such accounting records are or document is in the custody or under the control of such institution, be prima facie proof at such proceedings of the matters, transactions and accounts recorded in such accounting records or document.
that a copy of such entry or document set out in the affidavit or in an annexure thereto is a correct copy of such entry or document.
Act, 1963 (Act No. 16 of 1963).
The admissibility and evidentiary value of an affidavit contem plated in subsections (1) and (2) shall not be affected by the fact that the form of the oath, confirmation or attestation thereof differs from the form of the oath, confirmation or attestation prescribed in the Republic.
Provided that oral evidence shall only be heard if the court is of the opinion that it is in the interests of the administration of justice and that a party to the proceedings would be materially prejudiced should oral evidence not be heard.
Amendment of section 13 of Act 56 of 1981, as amended by section 10 of Act 39 of 1990 and section 55 of Act 129 of 1993 7.
"(12) If an apprentice passes a trade test prescribed under subsection (2)(h), the registrar shall in collaboration with the training board in question, within 14 days after the last day of the test issue to him a certificate to that effect and his contract of apprenticeship shall be deemed to be terminated with effect from the last day date of issue of the test certificate.".
Amendment of section 2 of Act 88 of 1989 8. Section 2 of the Judges' Remuneration and Conditions of Employment Act, 1989, is hereby amended by the substitution in subsection (1) for the expression "R3 000" of the expression "R3 500".
Substitution of certain expressions in Act 83 of 1993 9.
5(1)(d)" of the expression "section 6(1)(d)".
Amendment of section 32 of Act 129 of 1993 10.
Amendment of section 50 of Act 30 of 1966, as substituted by section 9 of Act 29 of 1977 and amended by section 14 of Act 1 of 1982 and section 14 of Act 130 of 1992 32.
': Provided that a different method of determination may be prescribed in respect of remuneration in kind supplied by an employer in agriculture: Provided further that if an employer and a contributor in agriculture should agree in writing on the value of remuneration in kind to be supplied by the employer, such value agreed upon shall, for the purposes of this section, be deemed to be the value determined in accordance with the prescribed method: Provided further that such agreed value shall not be less than the amount prescribed.'.
Amendment of section 6 of Ordinance 10 of 1964 of Natal, as amended by section 6 of Ordinance 8 of 1978, section 1 of Ordinance 24 of 1982 and section 1 of Ordinance 30 of 1983 11.
Republic, without the prior consent of the State President: Provided further that in a case where the Board is not to be fully compensated for such assistance, advice, supplies or services, the Administrator's prior consent shall be obtained.
Any service rendered by the Natal Sharks Board established under section 2 of the Anti-Shark Measures Control Ordinance, 1964 (Ordinance No. 10 of 1964), of Natal, to the Republic of Transkei prior to the date of commencement of subsection (1), shall be deemed to have been rendered in terms of section 6(9) of the said Ordinance, and any expenditure incurred in this regard shall be deemed to have been validly incurred.
The amendment of section 6 of the said Ordinance by subsection (1) shall not affect the powers conferred upon the Administrator by section 14(2)(a) of the Provincial Government Act, 1986 (Act No. 69 of 1986), in relation to the amendment, repeal or substitution of that section or any other provision of the said Ordinance.
This Act shall be called the General Law Fifth Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.15182En.2012-02-10.en.txt</fn>
Government Gazette 15182 STATE PRESIDENT'S OFFICE No. 1874. 27 October 1993 It is hereby notified that the State President has assented to the following Act which is hereby published for general information:- No. 148 of 1993: Independent Media Commission Act, 1993.
To establish a body to be known as the Independent Media Commission for the purpose of ensuring, during the period of the first national election for the National Assembly and other legislatures under the Constitution to be held after the commencement of this Act, the equitable treatment of political parties by broadcasting licensees and that State-financed publications and State information services do not advance the interests of any political party; to define the composition, powers, functions and duties of the said Commission; and to provide for incidental matters.
(Assented to 18 October 1993.
Offences and penalties 28. Delegations 29.
any broadcasting service provided by the South African Broadcasting Corporation in accordance with the provisions of the Broadcasting Act, 1976 Act No.
"State" includes the government and administration of any self-governing territory contemplated in the Self-governing Territories Constitution Act, 1971 (Act No.
Transitional Executive Council Act, 1993.
There is hereby established a juristic person to be known as the Independent Media Commission, which shall exercise and perform the powers, functions and duties conferred and imposed upon it by this Act.
The Commission shall function without any political or other bias or interference and shall be wholly Independent and separate from the State, the government and its administration or any political party, or from any other functionary or body directly or indirectly representing the interests of the State, the government or any political party.
to ensure that State-financed publications and State information services are not, directly or indirectly, used to advance the interests of any political party, whether directly or indirectly, during the election period, so as to promote and contribute towards the creation of a climate favourable to free political participation and a free and fair election.
not more than six other members.
Each commissioner, including the chairperson, shall be appointed by the State President on the advice of the Transitional Executive Council with due regard to the provisions of this Act, with particular reference to the provisions of section 2(2).
The appointments contemplated in paragraph (a) shall be made simultaneously, be made known by notice in the Gazette and be effective as from the date of publication of such notice.
standing or a magistrate with at least 10 years' appropriate experience.
At least two of the commissioners shall have experience in the field of the broadcasting media and at least one in the field of the printed media.
be persons who are committed to the objects and principles of this Act.
Corruption Act, 1992 (Act No.
is or has been convicted of any offence under this Act.
For the purposes of subsection (1), "spouse" includes a de facto spouse.
Subject to the provisions of this Act, the commissioners shall hold office until the dissolution of the Commission in terms of section 34(1).
A commissioner may at any time, upon at least three months' written notice tendered to the Transitional Executive Council, resign from office.
Notwithstanding the provisions of section 7, a commissioner may be removed from office by the Transitional Executive Council on account of misconduct or inability to efficiently perform the duties of his or her office or by reason of his or her absence from three consecutive meetings of the Commission without the prior permission of the chairperson, except on good cause shown.
A commissioner shall not be removed from office in terms of subsection (1) except after due inquiry, and then only upon a decision to that effect by the Transitional Executive Council.
if a commissioner is removed from office in terms of section 8.
A vacancy in the Commission shall be filled by the appointment of another commissioner by the Transitional Executive Council in terms of this Act as soon as may be reasonably practicable after the occurrence of such vacancy.
Commissioners shall be paid such remuneration and allowances as the Transitional Executive Council, in consultation with the Minister of State Expenditure, may determine.
The meetings of the Commission shall be held at such times and places as may be determined by resolution of the Commission whenever necessary so as to conduct its business expeditiously: Provided that the first meeting shall be held at such time and place as the chairperson may determine.
In the event of the chairperson being absent, the remaining commissioners shall from their number elect an acting chairperson, who, while he or she so acts, may exercise and perform all the powers, functions and duties of the chairperson.
The chairperson may at any time in his or her discretion convene a special meeting of the Commission, which shall be held at such time and place as the chairperson may direct: Provided that the chairperson shall, upon having been presented with a requisition for that purpose signed by at least two commissioners, call for a special meeting, and if the chairperson fails to convene a special meeting within 48 hours of such presentation, such two commissioners may, upon the expiration of such 48 hours, convene the special meeting.
The quorum for any meeting of the Commission shall be a majority of the total number of commissioners.
Subject to the provisions of subsection (4), a decision of the Commission shall be taken by resolution agreed to by the majority of the commissioners present at any meeting of the Commission, and in the event of an equality of votes regarding any matter, the chairperson shall have a casting vote in addition to his or her deliberative vote.
The Commission may, in its discretion, allow members of the public to attend any meeting thereof.
(a) The Commission shall cause minutes to be prepared and kept of the proceedings of every meeting and cause copies of such minutes to be circulated to all the commissioners.
The minutes prepared in terms of paragraph (a), when signed at a subsequent meeting of the Commission by the chairperson, shall in the absence of proof of error therein be deemed to be a true and correct record of the proceedings which they purport to minute and shall, at any proceedings in terms of this Act or before a court of law or any tribunal or commission of inquiry, constitute prima facie evidence of the proceedings of the Commission and the matters they purport to minute.
Subject to the provisions of subsection (2), a commissioner shall not vote nor in any other manner participate in the proceedings at any meeting of the Commission nor be present at the venue where such a meeting is held if, in relation to any matter before the Commission, he or she has any interest which precludes him or her from performing his or her functions as commissioner in a fair, unbiased and proper manner.
such disclosure and the decision taken by the remaining commissioners regarding such determination, shall be recorded in the minutes of the meeting in question.
If any commissioner fails to disclose any interest as required by subsection (2) or, subject to the provisions of that subsection, if he or she is present at the venue where a meeting of the Commission is held or in any manner whatsoever participates in the proceedings of the Commission, the relevant proceedings of the Commission shall be null and void.
Subject to the provisions of section 12, a decision taken by the Commission or any act performed under the authority of such a decision shall not be invalid merely by reason of any irregularity in the appointment of a commissioner or a vacancy in the Commission or the fact that any person not entitled to sit as a commissioner sat as such at the time when such decision was taken, provided such decision was taken by a majority of the commissioners present at the time and entitled so to sit and the said commissioners at the time constituted a quorum.
(a) The Commission shall appoint a suitably qualified and experienced person as chief administrative officer for the purpose of assisting the Commission, subject to its directions and control, in the performance of all financial, administrative and clerical functions and work arising from the application and administration of this Act.
The Commission shall appoint such other staff as it deems necessary with a view to assisting it with all such work as may arise through the exercise and performance of its powers, functions and duties in terms of this Act.
The staff of the Commission shall receive such remuneration, allowances and other employment benefits and shall be appointed on such terms and conditions and for such periods as the Commission may determine, subject to the provisions of section 34(1).
In exercising its powers in terms of subsection (2), the Commission shall consult with the Minister of State Expenditure.
The Commission may establish such other committees for such purposes as it may deem necessary with a view to assisting it in the effective exercise and performance of any of its other powers, functions and duties in terms of this Act.
The Commission shall from its number designate a chairperson for each committee.
on account of their qualifications, expertise and experience in relation to the mandate or terms of reference of the relevant committee, are suited to serve thereon.
Whenever the office of a member of a committee becomes vacant, the Commission shall appoint a person to fill the vacancy.
The provisions of sections 5(3), 10, 11, 12, 13 and 25 shall mutatis mutandis apply in respect of any committee, and for that purpose any reference to the Commission shall be construed as a reference to the committee in question.
The Commission may at any time extend, limit or dissolve any such committee.
The Commission may appoint as many experts, including experts from other countries, as it may deem necessary with a view to assisting it in the exercise and performance of its powers, functions and duties and for the performance of any work arising therefrom.
The terms, conditions, remuneration and allowances applicable to any expert by virtue of his or her appointment in terms of subsection (1), and the work to be performed or service to be rendered by virtue of such appointment, shall be as determined in a written agreement entered into for that purpose between the Commission and the expert concerned.
Upon having performed the work or completed the service pursuant to the agreement contemplated in subsection (2), the expert concerned shall submit a report in regard thereto to the Commission for its consideration.
to perform such further functions as the Commission may deem necessary or desirable.
monitor all State-financed publications and State information services, during the election period in accordance with the provisions of this Act, and shall exercise and perform such other powers and functions as may be assigned to it by this Act.
The Commission shall inform the Transitional Executive Council and the Independent Electoral Commission of any matter which has come to its knowledge in the exercise and performance of its powers, functions and duties in terms of this Act which, in its opinion, may have an adverse impact upon the creation or achievement of a climate favourable to free political participation and the holding of the election on a free and fair basis.
No party election broadcast and no political advertisement shall be broadcast on any broadcasting service except during the election period and then only if and to the extent authorized by the provisions of sections 19 and 20.
Subject to the provisions of this section, a public sound broadcasting licensee shall permit a party election broadcast only during the election period and then only if such a broadcast is produced on behalf of the political party in question at the instance of its duly authorized representative.
The Commission shall determine the time to be made available to political parties for the purpose of subsection (1), including the duration and scheduling of party election broadcasts, duly taking into account the financial and programming implications for the broadcasting services in question.
The Commission shall consult with the relevant public sound broadcasting licensees and all the political parties prior to making any determination in terms of subsection (2).
In making any determination in terms of subsection (2), the Commission may impose such conditions upon a public broadcasting licensee with respect to party election broadcasts as it deems fit, having due regard to the fundamental principle that all political parties are to be treated equitably.
A party election broadcast shall not contain any material which may reasonably be anticipated to expose the broadcasting licensee to legal liability if it were to be broadcast.
A party election broadcast shall comply with a technical quality acceptable to the Commission.
No party election broadcast shall be broadcast later than 48 hours prior to the commencement of the polling period.
A private or community sound broadcasting licensee shall not be required to broadcast party election broadcasts, but if he or she elects to do so, the preceding provisions of this section shall mutatis mutandis apply.
A sound broadcasting licensee shall not be required to broadcast a political advertisement, but if he or she elects to do so, he or she shall afford all other political parties, should they so request, a like opportunity.
A sound broadcasting licensee may broadcast a political advertisement only if it has been submitted on behalf of a political party at the instance of its duly authorized representative.
In making advertising time available to political parties, no sound broadcasting licensee shall discriminate against any political party or make or give any preference to any political party or subject any political party to any prejudice.
A political advertisement shall not contain any material which may reasonably be anticipated to expose the broadcasting licensee to legal liability if it were to be broadcast.
A political advertisement shall comply with a technical quality acceptable to the Commission.
No political advertisement shall be broadcast later than 48 hours prior to the commencement of the polling period.
This section shall be subject to the provisions of any law relating to the 1 expenditure of political parties during an election.
If, during the election period, the coverage by any broadcasting service extends to the field of the election and the political parties and issues relevant thereto, the broadcasting licensee concerned shall afford reasonable opportunities for the, discussion of conflicting views and shall treat all political parties equitably.
In the event of any criticism against a political party being levelled in a particular programme of any broadcasting service without such political party having been afforded an opportunity to respond thereto in such programme or without the view of such political party having been reflected therein, the broadcasting licensee concerned shall be obliged to afford such political party a reasonable opportunity to respond to the criticism.
If, within 48 hours before the commencement of the polling period or during the polling period, a broadcasting licensee contemplates broadcasting a programme in which a particular political party is criticized, the licensee shall ensure that the political party is given a reasonable opportunity to respond thereto in the same programme, or to do so as soon as is reasonably practicable thereafter.
The preceding provisions of this section shall not apply in relation to the contents of any party election broadcast in the circumstances contemplated in section 19 and any political advertisement in the circumstances contemplated in section 20.
The publisher of any State-financed publication in existence immediately prior to the commencement of this Act shall, within 14 days of such commencement, submit to the Commission the prescribed information concerning such publication.
The publisher of any State-financed publication which is published for the first time after the commencement of this Act, shall not later than 14 days prior to the proposed date of publication submit to the Commission the prescribed information concerning such publication.
The Commission may require the publisher of a publication referred to in subsection (2) to provide the Commission with a copy of such publication prior to the printing thereof.
A State-financed publication shall be submitted by its publisher to the Commission free of charge within 48 hours of the completion of the printing thereof.
A State-financed publication shall not contain any advertisement or other material which is intended or calculated to support or advance the interests of any political party, whether directly or indirectly.
The provisions of subsection (5) shall mutatis mutandis apply in respect of any statement, material or advertisement made or issued by any State information service.
Any political party which has reason to believe that a broadcasting licensee, the publisher of a State-financed publication or any State information service has contravened the provisions of this Act in relation to such party, and which was unable to resolve the matter with the licensee, publisher or information service (as the case may be), may in relation thereto lodge a complaint with the Commission.
A complaint contemplated in subsection (1) shall be in writing and shall be served on the licensee, publisher or information service referred to in subsection (1), and be lodged with the Commission.
For the purposes of subsection (2), a complaint may be delivered by hand or sent by registered post, fax or telex.
The Commission shall as soon as may be reasonably practicable, having due regard to the urgency of the matter, investigate and adjudicate any complaint received by it and shall, in doing so, afford the complainant and the respondent a reasonable opportunity to make representations and to be heard in relation thereto.
The Commission shall determine the form and procedure as regards the adjudication of any complaint.
The complainant and the respondent shall be entitled to legal representation at any hearing held by the Commission for the purpose of adjudicating a complaint.
After having considered the complaint and the representations (if any) and evidence in regard thereto, the Commission shall make a ruling in respect of the matter.
Any ruling of the Commission in terms of paragraph (a) shall be published in such manner as the Commission may in its discretion determine.
Hearings held in terms of this section shall be open to the public.
The Commission shall keep records of all complaints received by it and of all its proceedings, rulings and findings in relation thereto.
The records contemplated in paragraph (a) shall be kept in the offices of the Commission and be open to inspection by interested parties during the normal office hours of the Commission.
The Commission shall at the request of any interested party and on payment of such fee as may be prescribed (if any), furnish him or her with a certified copy of or extract from any record referred to in paragraph (a).
With regard to the summoning and examination of witnesses, the administering of the oath or an affirmation, recalcitrant witnesses and the production of books, documents, objects and material, the Commission shall have such powers as shall be prescribed.
For the purposes of this section, a State-financed publication and State information service shall be represented by the official of the State at the head of the State-financed publication or State information service in question.
shall mutatis mutandis apply in relation to any investigation instituted mero motu by the Commission in regard to any suspected contravention of the provisions of this Act by any broadcasting licensee or publisher of a State-financed publication or by any State information service.
make an order prohibiting the respondent from carrying on his or her broadcasting service for such period as the Commission may determine: Provided that such a prohibition shall not extend beyond the day of the dissolution of the Commission in terms of section 34(1), and may, with due regard to the provisions and objects of this Act, make any other order which it considers appropriate with a view to remedying the matter complained of.
Where the Commission has made an order against a broadcasting licensee in terms of subsection (1) (c) it may, having due regard to the nature, consequences and gravity of the contravention with reference to which such order was made, forward a certified copy of such order and of the record of its adjudication proceedings relevant thereto, to the Authority with a view to the Authority taking steps against such broadcasting licensee in terms of section 66(5) of the Independent Broadcasting Authority Act, 1993.
In any case where either the publisher of a State-financed publication or any State information service is the respondent, the Commission shall convey its ruling to the Transitional Executive Council.
The expenditure in connection with the application and administration of this Act and the exercise and performance of the powers, functions and duties of the Commission, shall be paid out of public funds allocated for that purpose by the Transitional Executive Council in consultation with the Minister of State Expenditure.
The chief administrative officer referred to in section 14(1) (a) acting on the authority and subject to the general or special directions of the Commission (if any), may from time to time in writing requisition moneys for the purposes contemplated in subsection (1).
Without in any way derogating from its independence, the Commission shall on a quarterly basis report in writing to the Transitional Executive Council in regard to its expenditure and the performance of its functions in terms of this Act.
wilfully hinders, obstructs or interrupts the proceedings at any hearing of the Commission, shall be guilty of an offence and liable on conviction to a maximum fine of R5 000.
any other order of the Commission, shall be guilty of an offence and liable on conviction to a maximum fine of R10 000.
If any commissioner fails to disclose any interest as required by section 12(2) or, subject to the provisions of that section, if he or she is present at the venue where a meeting of the Commission is held or in any manner whatsoever participates in the proceedings of the Commission, such commissioner shall be guilty of an offence and liable on conviction to a maximum fine of R100 000.
The provisions of paragraph (a) shall mutatis mutandis apply in respect of any member of a committee.
authorize a committee to exercise or perform any power, function or duty assigned to the Commission by this Act.
Any delegation or authorization under subsection (1) may be made subject to such conditions and restrictions as may be determined by the Commission and may at any time be amended or revoked by the Commission.
The Commission shall not be divested of any power nor be relieved of any duty which it may have delegated under this section, and may amend or rescind any decision of a committee by virtue of a delegation under this section.
The Commission shall not delegate any of the powers, functions or duties referred to in sections 15, 16, 17, 19(2) and (4), 23, 24 and 30.
Neither the chairperson, any commissioner or any member of a committee nor any expert appointed in terms of this Act or any member of staff of the Commission, shall be personally liable for any damage or loss suffered by any person in consequence of any act which in good faith was performed or omitted in the course of the exercise or performance or supposed exercise or performance of any power, function or duty in terms of this Act.
The Commission may make regulations, not inconsistent with the provisions of this Act, in relation to any matter which in terms of this Act shall or may be prescribed or governed by regulation.
A regulation in terms of subsection (1) may declare any contravention thereof or failure to comply therewith to be an offence, and may in respect thereof provide for the imposition of a fine not exceeding R10 000.
be deemed to apply mutatis mutandis in such state or territory.
The provisions of this Act shall also apply in respect of the persons in control of the broadcasting services known as "Radio 702", "Capital Radio" and "Trinity Broadcasting Network" as if such persons were broadcasting licensees.
In the event of a conflict between the provisions of this Act and those of any other law, the provisions of this Act shall prevail.
The Commission shall dissolve on the date when the Independent Electoral Commission is dissolved in terms of section 9 of the Independent Electoral Commission Act, 1993, on which date this Act shall cease to have effect.
All assets, moneys and liabilities of the Commission shall on its dissolution in terms of subsection (1) devolve upon the State, which shall to that extent for all purposes in law be deemed to be the legal successor of the Commission.
This Act shall bind the State.
This Act shall bind the State President in so far as he or she shall be obliged to act in accordance with the advice of the Transitional Executive Council wherever so provided for in this Act.
This Act shall be called the Independent Media Commission Act, 1993, and shall come into operation on a date to be determined by the Transitional Executive Council, which date shall be made known by the State President by proclamation in the Gazette.
<fn>GOV-ZA.15183En.2012-02-10.en.txt</fn>
Government Gazette 15183 STATE PRESIDENT'S OFFICE No. 1875. 27 October 1993 It is hereby notified that the State President has assented to the following Act which is hereby published for general information: No.
To make provision for the conduct of free and fair elections for the National Assembly and any other legislature to be elected contemplated in the Constitution of the Republic of South Africa Act, 1993; to make provision for the conduct of certain referendums by the Independent Electoral Commission; and to provide for matters in connection therewith.
Legal proceedings against Commission 41.
Constitution and the Electoral Act.
Electoral Act; and any referendum conducted under the supervision of the Commission in terms of subsection (2), until the First National Assembly and all other legislatures have been validly constituted.
the holding of a referendum; and that the provisions of this Act shall, subject to subsection (3), apply in respect of the holding of that referendum.
The State President shall in consultation with the Transitional Council by proclamation in the Gazette make regulations for the holding of such a referendum, in which case the provisions of this Act shall, subject to such regulations, apply mutatis mutandis in respect of the holding of such referendum, whether nationally or within any particular geographic region, or in respect of any specified issue, as the case may be.
In the event of any of the Republics of Transkei, Bophuthatswana, Venda or Ciskei deciding formally to incorporate the provisions of this Act and the Electoral Act as part of its law, such agreements as may be required to secure the co-ordinated implementation of the relevant legislation may be concluded and any such agreements shall have the force of law.
This Act shall bind the State President in so far as he or she shall be obliged to act in accordance with the advice of the Transitional Council wherever so provided for in this Act.
There is hereby established a commission to be known as the Independent Electoral Commission.
to conduct voter education; and to make and enforce regulations for the achievement of such objects.
The Commission shall, subject to subsection (2), consist of not fewer than 7 and not more than 11 members, who shall be appointed by the State President upon the advice of the Transitional Council, and who shall be impartial, respected and suitably qualified men and women, do not have a high party political profile, are themselves voters, and represent a broad cross-section of the population.
The State President shall, upon the advice of the Transitional Council, appoint not more than five persons (not being citizens of the Republic) from the international community as members of the Commission in a non-representative capacity.
Such international members shall have the same rights and powers as other members, excluding the power to vote, and shall not constitute part of any quorum in terms of this Act.
The State President shall, upon the advice of the Transitional Council, designate two members as Chairperson and Vice-Chairperson of the Commission, respectively: Provided that if the Transitional Council so decides, it may advise the State President to designate two members as Co- Chairpersons in lieu of a Chairperson and Vice-Chairperson, and designate which one of them shall preside at the first meeting of the Commission.
In the absence of both such Chairperson and Vice-Chairperson, or both such Co-Chairpersons, as the case may be, the remaining members shall by simple majority nominate another member as acting Chairperson of the Commission.
The international members shall not be eligible to serve as Chairperson, Co-Chairperson, Vice-Chairperson or acting Chairperson.
The State President shall from time to time, upon the advice of the Transitional Council and subject to subsection (1), appoint additional members to the Commission, subject to the maximum number contemplated in that subsection.
serve in a full-time capacity to the exclusion of any other duty or obligation arising out of any other employment or occupation or the holding of any other office.
during his or her term of office be eligible to serve as a member of the Transitional Council, Parliament or any other legislature, and such ineligibility shall continue for a period of 18 months reckoned from the date upon which such term of office has terminated; and after having served as such member, be eligible to serve as a member of the Parliament or any other legislature for which that Commission was responsible to conduct elections, during the term of such Parliament or legislature.
in any other manner participate in the proceedings thereof, during the discussion of any matter before such meeting in respect of which he or she has any financial or other interest which might preclude him or her from performing his or her functions in a fair, unbiased and proper manner.
such member shall forthwith and fully disclose the nature of his or her interest and leave the meeting so as to enable the remaining members to discuss the matter and determine whether such member is precluded from participating in such meeting by reason of a conflict of interests; and such disclosure and the decision taken by the remaining members regarding such determination, shall be recorded in the minutes of the relevant meeting.
If any member or international member fails to disclose any interest as required by subsection (2) or, subject to that subsection, is present at a meeting of the Commission or in any manner whatsoever participates in the proceedings of the Commission in relation to such matter, such proceedings may be reviewed, varied or set aside by the Commission.
The Commission shall function without political or other bias or interference and shall, save as may in this Act be expressly otherwise provided, be Independent and separate from the Transitional Council, any party, any government and its administration or any other functionary or body, whether directly or indirectly representing the interests of any such entity.
Any power of any of the entities referred to in subsection (1), in so far as it relates to the administration, organization, conduct and supervision of any election, shall be subject to the powers of the Commission, to which such entities shall be accountable for such of their acts and decisions as may influence or affect any election.
The Commission shall be dissolved upon the completion of its mandate on a date fixed by the State President by proclamation in the Gazette.
The conditions of service, remuneration, allowances and other benefits of members of the Commission and the International Advisory Committee shall be determined by the Transitional Council after consultation with the State President.
Electoral Court is satisfied as to the existence of good and sufficient reason therefor as contemplated in subsection (2).
or (f) or 7(1) or (2); or any other reason which the Special Electoral Court may consider material and inconsistent with such member's continuance in office.
allow such appointment to lapse, provided there remains at least the minimum number of members provided for in section 5(1); or appoint some other suitably qualified person as a member for the unexpired portion of the term of the Commission.
The Commission may meet at any place in the Republic determined by the Chairperson, Vice-Chairperson or Co-Chairpersons, as the case may be, for the purpose of performing its functions.
Meetings may be convened at any time at the instance of the Chairperson, Vice-Chairperson or Co-Chairpersons, as the case may be, or at the instance of any two other members, and shall be convened at such intervals as circumstances may require.
A quorum for a meeting of the Commission shall be 75% of the members.
Subject to paragraph (b) and section 5(3)(b), the decision of two-thirds of the members present at a meeting of the Commission shall be the decision of the Commission.
The Commission shall in terms of section 18(b) certify that an election was substantially free and fair, only if at least 75% of the members present at the l meeting of the Commission concur.
The Commission may determine its own procedures to be followed at its meetings.
The Commission may exercise the powers and shall perform the duties and functions conferred upon or assigned to it by this Act or any other law.
workshops, seminars and meetings, as it may consider appropriate; and submit monthly reports in writing concerning its functions, which reports shall be delivered at the same time to the Transitional Council and the State President, and such reports shall be public documents.
Directors or at its own initiative; and to establish such committees as it may consider necessary for the effective exercise and performance of its powers, duties and functions, and determine the composition, quorum for a meeting and a decision, procedure and functions thereof.
The State President shall, upon the advice of the Transitional Council, establish a committee to be known as the International Advisory Committee to advise the Commission on any matter regarding the performance of its functions as may be requested by it.
The International Advisory Committee may consist of persons (not being citizens of the Republic) from the international community appointed in a non-representative capacity by the State President upon the advice of the Transitional Council.
The International Advisory Committee may determine its own procedures to be followed at its meetings.
open and maintain its own financial accounts; and take such steps, including legal steps, as are necessary to give effect to this Act or any decision taken under this Act.
The expenditure in connection with the exercise of the Commission's powers and the performance of its duties and functions shall be paid out of money appropriated by Parliament for such purpose.
The Commission shall budget for and be allocated the necessary resources or additional resources to enable it to exercise its powers and perform its duties and functions effectively.
shall, subject to the Exchequer Act, 1975 (Act No.
may exercise the powers and shall perform the duties and functions which the Commission may from time to time confer upon or assign to him or her in order to achieve the objects of this Act, and shall for the purposes thereof be accountable to the Commission.
The records referred to in subsection (1)(b) shall be audited by the Auditor-General.
The Chief Executive Officer, and the persons referred to in section 15(a) or (b), shall exercise their powers and perform their duties and functions in an impartial manner and shall, in so doing, be subject to such provisions of the laws governing the public service of the Republic as may be indicated by the Commission and to the extent so indicated by the Commission as well as the Exchequer Act, 1975, and the Auditor-General Act, 1989 (Act No. 52 of 1989).
determine and certify the results of the election; and either certify in respect of the National Assembly and each other legislature that the election was substantially free and fair; or declare that it was unable to certify it as such.
There shall be established on the date on which the Commission is constituted, a directorate to be known as the Election Administration Directorate.
The Administration Directorate shall consist of a Chief Director: Administration, one or more deputy directors and such other officials as the Commission may consider necessary and appoint to enable that Directorate effectively to perform its functions in terms of this Act and the Electoral Act.
In effecting the appointment of the Chief Director: Administration and any deputy director, the Commission shall invite and, where given, consider, but shall not be bound by, the advice of the Transitional Council.
The Chief Director: Administration shall have the powers, duties and functions conferred upon or assigned to him or her by or under this Act and the Electoral Act.
Any decision or action taken by any functionary of any sub- structure of the Administration Directorate in any geographic district or region in respect of any prescribed matter may be appealed against to the Chief Director: Administration, who may confirm, vary or set aside any such decision or action.
be under the supervision of the Commission; and carry out the instructions of the Commission, to which he or she shall be accountable.
The Chief Director: Administration may delegate the power to hear and determine appeals in terms of subsection (2) to any deputy director appointed in terms of section 20(1), and may delegate any other power conferred upon him or her by or under this Act and the Electoral Act to any official of his or her directorate as he or she may consider necessary.
There shall be established on the date on which the Commission is constituted, a directorate to be known as the Election Monitoring Directorate.
The Monitoring Directorate shall consist of a Chief Director: Monitoring and such other officials as the Commission may consider necessary and appoint to enable that Directorate effectively to perform its functions in terms of this Act.
In effecting the appointment of the Chief Director: Monitoring, the Commission shall invite and, where given, consider, but shall not be bound by, the advice of the Transitional Council.
carry out the instructions of the Commission, to which he or she shall be accountable; and have such other powers, duties and functions as may be prescribed.
Any decision or action taken by any functionary of any sub- structure of the Monitoring Directorate in any geographic district or region in respect of any prescribed matter may be appealed against to the Chief Director: Monitoring, who may confirm, vary or set aside any such decision or action.
The Chief Director: Monitoring may delegate any power conferred upon him or her by or under this Act to any official of his or her directorate as he or she may consider necessary.
There shall be established on the date on which the Commission is constituted a secretariat to be known as the Election Adjudication Secretariat.
The Secretariat shall consist of a Secretary and such other officials as the Commission may consider necessary and appoint to enable the Secretariat effectively to perform its functions in terms of this Act.
In effecting the appointment of the Secretary, the Commission shall invite and, where given, consider, but shall not be bound by, the advice of the Transitional Council.
The Secretary shall have such other powers, duties and functions as may be prescribed.
The Commission shall, subject to subsection (2), establish such number of Electoral Tribunals with jurisdiction in respect of prescribed geographic areas as it may consider necessary to adjudicate and decide prescribed matters concerning alleged electoral irregularities and alleged infringements of the Electoral Code of Conduct.
An Electoral Tribunal shall consist of one person, who shall be an attorney, advocate, magistrate or academic lawyer at a university with not less than five years' experience in one or more such capacities, appointed to that office by the Commission.
An Electoral Tribunal hearing any matter falling within its jurisdiction, shall enquire into the matter in the prescribed manner, consider it and make such decision or give such order as in its opinion is fair and just.
An Electoral Tribunal finding any person or party guilty of contravening or failing to comply with any prescribed matter or any provision of the Electoral Code of Conduct, may impose any such penalty or sanction as may be prescribed in terms of this Act and the Electoral Act as it may consider appropriate in the circumstances.
An Electoral Tribunal shall have such other powers, duties and functions as may be prescribed.
The Commission shall, subject to subsection (2), establish such number of Electoral Appeal Tribunals as it may consider necessary to hear and determine appeals and to review decisions from the Electoral Tribunals.
one shall be a suitable person, who may or may not be legally qualified or experienced.
An Electoral Appeal Tribunal hearing any appeal or reviewing any decision shall enquire into the matter in the prescribed manner, consider it and confirm, vary or set aside the decision, order, penalty or sanction of the Electoral Tribunal, or make such other decision or give such other order or impose such other penalty or sanction as in its opinion the Electoral Tribunal ought to have made, given or imposed.
An Electoral Appeal Tribunal shall have such other powers, duties and functions as may be prescribed.
There is hereby established a court to be known as the Special Electoral Court with the powers, duties and functions referred to in section 33.
(a) Subject to section 36(6)(a), the Special Electoral Court shall have power to review any decision of the Commission.
Any such review shall be conducted on an urgent basis, and shall be disposed of as expeditiously as possible.
Subject to section 36(6)(a), the Special Electoral Court shall have the power to hear and determine an appeal against any decision of the Commission only in so far as such decision relates to the interpretation of any law or any other matter for which an appeal is provided in the Electoral Act.
No such appeal shall be heard save with the prior leave of the Chairperson of the Special Electoral Court granted on application within the period and in the manner determined by that Court.
Such an appeal shall be heard, considered and summarily determined upon written submissions submitted within three days after leave to appeal was granted in terms of paragraph (b).
The Special Electoral Court shall have power to remove any member of the Commission from office under section 11.
Subject to section 36(7), the Special Electoral Court shall have power to hear appeals against and review decisions of any Appeal Tribunal.
The Special Electoral Court shall determine its own practice and procedures and make its own rules.
The Special Electoral Court shall have such other powers, duties and functions as may be conferred upon or assigned to it by the Electoral Act, the Transitional Executive Council Act, 1993, or any other law.
In the event of a conflict between the provisions of this Act and those of any other law, the provisions of this Act shall prevail in so far as such provisions relate to the conduct and supervision of elections.
The directorates and the Secretariat shall be dissolved on the date upon which the Commission is dissolved.
The Electoral Tribunals and the Electoral Appeal Tribunals shall be dissolved on final determination of the issues placed before them.
Any interested person, party or candidate who or which feels aggrieved by any decision or' action taken by any functionary of a directorate in respect of any prescribed matter may, within the period and in the manner prescribed, appeal to the Chief Director of the relevant directorate against the decision or action in issue.
Any interested person, party or candidate who or which feels aggrieved by any decision or action taken by the Chief Director: Administration or Monitoring in respect of any prescribed matter other than a decision or action on appeal referred to in subsection (1) may, within the period and in the manner prescribed, appeal to the Commission against the decision or action in issue.
Subject to section 33(2), there shall be no appeal against any decision of the Commission.
Subject to section 33(1), any interested person, party or candidate may bring any decision of the Commission under review before the Special Electoral Court within the period and in the manner determined by that Court.
Any interested person, party or candidate who or which feels aggrieved by any decision, order, penalty or sanction made, given or imposed by any Electoral Tribunal may, within the period and in the manner prescribed, appeal to the relevant Appeal Tribunal against the decision, order, penalty or sanction in issue.
Any interested person, party or candidate may bring any decision of any Electoral Tribunal under review before the relevant Appeal Tribunal within the period and in the manner prescribed.
Any decision of the Commission in terms of section 18; and decision or order of the Special Electoral Court, shall be final and not subject to appeal or review.
No appeal against or review of a decision of an Appeal Tribunal shall be heard save with the prior leave of the Chairperson of the Special Electoral Court granted on application within the period and in the manner determined by that Court.
Subject to subsection (3), the Transitional Council may, after consultation with the Minister of State Expenditure, determine the remuneration and allowances payable to members of the Special Electoral Court.
Subject to subsection (3), the Commission may, after consultation with the Minister of State Expenditure, determine the remuneration and allowances payable to members of the Electoral and Appeal Tribunals.
Different or no remuneration or allowances may be determined under subsections (1) and (2) in respect of different members of those Tribunals and that Court.
Every member of the Commission and every person employed in the performance of the functions of the Commission, the directorates and the Secretariat shall aid in preserving secrecy in regard to any matter or information that may come to his or her knowledge in the performance of his or her duties in connection with the said functions, except in so far as the publication of such matter or information is authorized by law.
Any person who, in the exercise of powers or the performance of duties in terms of this Act, has obtained knowledge regarding the affairs of any registered 'party, candidate or voter, shall, subject to section 6(2)(e), not disclose such knowledge to any person other than is required in the course and scope of his or her duties or in response to a question lawfully put under order of any court of law or tribunal contemplated in this Act or the Special Electoral Court.
wilfully contravenes or fails to comply with any provision of section 38, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years.
The State Liability Act, 1957 (Act No. 20 of 1957), shall apply mutatis mutandis in respect of the Commission.
In such application a reference to a Minister of a department shall be construed as a reference to the Chairperson or Co-Chairperson of the Commission, as the case may be.
any matter required or permitted to be prescribed in terms of this Act; and generally, all matters which in its opinion are necessary or expedient to be prescribed to achieve the objects of this Act.
A regulation under subsection (1) may prescribe penalties for any contravention of the provisions thereof or any failure to comply therewith of a fine or imprisonment for a period not exceeding two years.
Regulations under subsection (1) affecting State expenditure shall be made only after consultation with the Minister of State Expenditure.
This Act shall be called the Independent Electoral Commission Act, 1993, and shall come into operation on a date fixed by the State President, on the advice of the Transitional Council, by proclamation in the Gazette.
<fn>GOV-ZA.15184En.2012-02-10.en.txt</fn>
To establish a Transitional Executive Council with a view to promoting the preparation for and transition to a democratic order in South Africa; and to provide for matters connected therewith.
"National Peace Secretariat" means the National Peace Secretariat established by section 2 of the Internal Peace Institutions Act, 1992 (Act No.
"self-governing territory" means a self-governing territory as defined in section 38(1) of the Self-Governing Territories Constitution Act, 1971 (Act No.
"traditional leader" means any person who in terms of indigenous law or any other law is in charge of or exercises control over a traditional authority.
shall, subject to section 3, for the purpose of attaining the objects referred to in that section, have the executive and other powers conferred upon it by or under this Act; and may exercise such other powers and shall perform such duties as may be conferred or imposed upon it by or under any other law.
exercising such powers and performing such duties as may be conferred or imposed upon it by any other law.
undertakes to be bound by and to implement directions issued by the Council in terms of this Act; and renounces violence as a means of achieving political objectives, shall be a participant in the Council and shall be entitled to be represented by one member on the Council.
the provisions of this Act, as well as the provisions of the Independent Electoral Commission Act, 1993, the Electoral Act, 1993, the Independent Media Commission Act, 1993, and the Independent Broadcasting Authority Act, 1993, have been incorporated into the law of the State concerned; or formal provision has been made by law in such a State for the application of any Act referred to in paragraph (a) in that State.
A participant in the Council that wishes to be represented on the Council shall within seven days after the commencement of this section by notice in writing to the State President nominate a member and an alternate member to the Council.
The State President shall within seven days after the receipt of such a notice, by proclamation in the Gazette appoint the persons so nominated as a member and alternate member, respectively, of the Council.
undertakes to be bound by and to implement directions issued by the Council in terms of this Act; and renounces violence as a means of achieving political objectives, should be such a participant, the Council shall notify the State President thereof in writing, and the State President shall by proclamation in the Gazette declare that Government, political party or organization to be a participant in the Council.
If such a participant wishes to be represented on the Council, it shall within seven days after the date of the proclamation concerned by notice in writing to the State President nominate a member and an alternate member to the Council.
The Council shall determine whether a member thereof shall serve in a full-time or part-time capacity.
If a member of the Council is for any reason unable to perform the duties of his or her office, the alternate member concerned shall act in the place of that member, and for that purpose the alternate member shall have all the powers and duties of the member concerned.
breaches the undertaking or renunciation submitted by the participant in terms of subsection (1)(b) or (5)(a); or fails or refuses to comply with any provision of this Act or any regulation made thereunder, or with any direction of the Council or a subcouncil in terms of this Act or any other law, the Council may, if it has reason to believe that such breach, failure or refusal is of a material nature or has occurred persistently, by notice in writing to that participant direct it to refrain from such breach or to comply with such provision or direction, or to see to it that such organization or armed force refrains from such breach or complies with such provision or direction, as the case may be.
fails or refuses to comply with a direction of the Council under paragraph (a) within a reasonable time; or wilfully persists with any conduct referred to in subparagraph (i) or (ii) of paragraph (a), the Council may, without derogating from its powers under section 7(1)(j), suspend that participant from participating in the Council or any subcouncil or any body, committee or subcommittee established by or under this Act, for such period and on such conditions as may be determined by the Council.
A participant in the Council which fails or refuses to nominate a member on the Council, or terminates or suspends its participation in the Council, or whose participation in the Council is suspended under subsection (8), shall nevertheless remain bound by the obligations it incurred by becoming such a participant.
If a member of the Council loses the confidence of the participant which nominated that member, the Council, on being advised thereof in writing by the participant concerned, shall inform the State President accordingly in writing, and the State President shall by proclamation in the Gazette remove that person from office.
If a member of the Council dies, resigns from office (which shall be in writing to the State President) or is removed from office under subsection (1), the participant previously represented by that member shall be entitled to nominate another person as a member of the Council, and in respect of such nomination, section 4 shall apply mutatis mutandis.
Subsections (1) and (2) shall apply mutatis mutandis in respect of an alternate member of the Council.
The conditions of service, remuneration, allowances and other benefits of members of the Council shall be determined by the State President in consultation with the Negotiating Council.
Those members of the Council who receive remuneration, allowances or other benefits by virtue of their employment by or position in any Government or public service or administration and who continue to receive such remuneration, allowances or other benefits while serving on the Council, shall not receive any remuneration, allowance or other benefits by virtue of subsection (1), except to the extent required to place those members in the position in which they would have been were it not for such employment or position.
The conditions of service, remuneration, allowances and other benefits contemplated in this section may differ according to whether a member is a full-time or part-time member of the Council.
An alternate member shall be entitled to such allowances, if any, as may be determined by the Council.
open and administer its own financial accounts; and take such steps, including legal steps, in terms of any law or the common law, as may be necessary to give effect to this Act or to any decision taken by the Council or a subcouncil under this Act or any other law.
The Council may delegate to a subcouncil any of its powers, but it shall not be divested of a power so delegated.
may review, amend or withdraw any such decision or recommendation of a subcouncil; and may exercise that power itself.
If the Council exercises any power by virtue of subsection (3), the relevant provisions of this Act relating to the subcouncil concerned shall apply mutatis mutandis in respect of the Council.
15(1)(g), 16(2)(f), 16(2)(8), 17(1)(a), 17(1)(h), 17(3), 18(a), 19(j), 20(1)(k) or 20(1)(l) shall not be limited to acting within the scope of the objects of the Council.
Additional subcouncils may be established at the request of the Council by means of an amendment to this Act as contemplated in section 28, if the establishment of such subcouncils is necessary for the Council to perform its functions.
If any dispute between the Council and State President arises as to the necessity of establishing such subcouncils, the matter shall be referred to the Special Electoral Court for determination.
report to the Council in such manner and at such times as may be determined by the Council.
(a) The members of the subcouncils shall be appointed by the Council in a full-time capacity.
The Council shall give notice in the Gazette of each such appointment.
The membership of a subcouncil shall not be restricted to members of the Council.
The subcouncils referred to in section 8(1)(b), (c) and (g), shall each have eight members.
The subcouncils referred to in section 8(1)(a), (d), (e) and (f), shall each have six members.
The Council shall not appoint more than one person representing a particular participant in the Council on a particular subcouncil.
If a member of a subcouncil is for any reason unable to perform the duties of his or her office, the Council may in writing appoint a substitute to act in the place of the member concerned, and for that purpose that substitute shall have all the powers and duties of the member concerned.
If the Council is satisfied that a member of a subcouncil is unable to perform his or her duties satisfactorily, the Council shall remove that member from office and shall give notice of such removal in the Gazette.
If a member of a subcouncil dies, resigns from office (which shall be in writing to the Council) or is removed from office in terms of subsection (1), the Council shall appoint another member to that subcouncil and give notice of such appointment in the Gazette.
The conditions of service, remuneration, allowances and other benefits of members of the subcouncils shall be determined by the State President in consultation with the Council.
Section 6(2) shall apply mutatis mutandis in relation to members of subcouncils.
A substitute contemplated in section 9(4) shall be entitled to such allowances, if any, as may be determined by the Council.
appoint from among its members office-bearers, on either a fixed or a rotational basis; and appoint a person or body to investigate any matter relating to the functions of the subcouncil and to report thereon.
A subcouncil may establish one or more subcommittees to assist it in the performance of its functions.
A member of a subcommittee may be, but need not be, a member of the Council or of the subcouncil concerned.
(a) Each Government and administration shall keep the Council informed of and shall provide it with copies of all of its proposed legislation, including regulations, by-laws and other subordinate legislation, which have a bearing on the objects of the Council.
If the Council or the subcouncil concerned has reason to believe that any proposed legislation of any Government or administration is likely to have an adverse effect on the attainment of the objects of the Council, it may, after affording the Government or administration concerned an opportunity to make representations to the Council or the subcouncil concerned, and subject to the other provisions of this Act, direct that Government or administration in writing not to proceed with the legislation concerned, and that Government or administration shall, subject to section 23, comply with such direction.
Government, administration, political party or organization likely to have a bearing on the objects of the Council.
If the Council or the subcouncil concerned has reason to believe that a decision or action of any Government, administration, political party or organization referred to in paragraph (a) is likely to have an adverse effect on the attainment of the objects of the Council, it may, after affording the Government, administration, political party or organization concerned an opportunity to make representations to the Council or the subcouncil concerned, and subject to the other provisions of this Act, direct that Government, administration, political party or organization in writing not to implement that decision or proceed with that action, and that Government, administration, political party or organization shall, subject to section 23, comply with such direction.
Subject to section 23, each Government and administration, each political party or organization participating in the Council and every other political party shall comply with and give effect to any direction made to it by the Council or a subcouncil in terms of this Act or any other law.
matters of material concern to traditional leaders and their communities; and to approve any amendment of the terms or conditions of, and any diminution of or increase in, the remuneration of traditional leaders.
Council; and to receive all proposed regulations and directives governing the activities of the National Peacekeeping Force and to make recommendations in regard thereto.
Notwithstanding any other law, the power of the State President to declare the existence of a state of emergency shall be exercised only after consultation with the Subcouncil.
The Council may by a decision which has the support of at least eighty persent of the members of the Council, review such a declaration and direct the State President to withdraw it, and the State President shall forthwith comply with such a direction.
Subject to subsection (2) and paragraph (b), any Minister or other person (hereinafter in this subsection referred to as "the functionary") who has the authority to declare the existence of a state of emergency or to declare an area to be an unrest area, as the case may be, and to make regulations with regard thereto, shall do so in consultation with the Subcouncil.
Where the circumstances are urgent and pressing and the functionary concerned is unable to consult with the Subcouncil before making such a declaration, the functionary may make such a declaration without such consultation: Provided that if the Subcouncil at its first meeting thereafter, having due regard to such reasons as may be advanced by the functionary for such declaration, does not give its approval to the declaration concerned, the functionary, on being notified thereof by the Subcouncil, shall, subject to paragraph (c), forthwith withdraw the declaration.
If the functionary and the Subcouncil are unable to reach agreement as to the necessity of a declaration referred to in paragraph (a) or (b), either party may refer the matter for determination to a committee, composed from the civilian membership of the Police Board, which determination shall be given within three days of such referral and shall be binding on the functionary, the Council and the Subcouncil, and be given effect to.
The committee referred to in paragraph (c) shall be comprised of the chairperson and the vice-chairperson of the Police Board and one other member of that board elected by the civilian members of the board.
To the extent that an agreement of the nature contemplated in section 34G of the Police Act, 1958 (Act No. 7 of 1958), could have an effect on the attainment of the objects of the Council, the decision to enter into such an agreement shall be taken by the responsible Minister or other responsible functionary in consultation with the Subcouncil.
The State President and the Minister of Law and Order, exercising any power under section 3 of the Police Act, 1958, and the appropriate functionary exercising corresponding powers provided for in corresponding legislation of the Republic of Transkei, Bophuthatswana, Venda or Ciskei or any self-governing territory, in relation to an officer of the rank of brigadier or above, shall act in consultation with the Subcouncil, which may propose such action itself: Provided that if no agreement is reached between the State President or the Minister or the functionary concerned and the Subcouncil, any of them may refer the matter to the committee referred to in subsection (3)(c) for determination, which determination shall be given within seven days after such referral and shall be binding and be given effect to.
the Minister of Law and Order, exercising any power in terms of section 33 of the Police Act, 1958, to make, amend or repeal regulations, or issue directives, governing relevant aspects of police conduct, functioning, structures and restructuring; and the appropriate functionary exercising corresponding powers provided for in corresponding legislation of the Republic of Transkei, Bophuthatswana, Venda or Ciskei or any self- governing territory, shall act in consultation with the Subcouncil, which may propose such action itself: Provided that if no agreement is reached between the Minister or the functionary and the Subcouncil, either party may refer the matter to the committee referred to in subsection (3)(c) for determination, which determination shall be given within seven days after such referral and shall be binding and be given effect to.
When the Minister of Law and Order, or the appropriate functionary exercising corresponding powers provided for in corresponding legislation of the Republic of Transkei, Bophuthatswana, Venda or Ciskei or any self- governing territory, issues directives of the nature contemplated in section 4 of the Police Act, 1958, the said Minister or functionary shall inform the Subcouncil thereof.
The various policing agencies shall designate officers of the rank of brigadier or above to assist the Subcouncil in drafting rules to ensure uniformity of conduct of members of the said agencies and the co- ordinated control and command of such agencies in so far as such conduct or the functions of those agencies have a bearing on the objects of the Council.
The said rules shall be formulated within one month after the establishment of the Subcouncil and shall be promulgated by the Council by notice in the Gazette: Provided that if the rules are not formulated within that period or do not meet with the approval of the Minister or functionary referred to in subsection (6)(a), the matter shall be referred to the committee referred to in subsection (3)(c) for final determination.
The officers referred to in paragraph (a) may be summoned at any time to assist the Subcouncil in the performance of its functions.
associate itself with that commitment, undertaking and renunciation; and acknowledge the authority of the Council and the Subcouncil on Defence for the purpose of attaining the objects of this Act.
Any military force which fails to comply with paragraph (a), shall not be regarded as an armed force, a defence force or a military force, as the case may be, for the purposes of this section.
to establish a co-ordinating council, comprised of the commander, or a person designated by the commander, of every military force, which shall liaise with all military forces in order to promote the objects of the Council; and report and make recommendations to the Subcouncil, as and when required, concerning any matter relating to the functions of the Subcouncil; and to budget for and be allocated additional resources for the daily maintenance, the remuneration and allowances, if any, and the administration in assembly points within South Africa of all armed forces: Provided that the location of and the security arrangements in regard to such assembly points, the extent of such maintenance, remuneration and allowances, if any, and the requirements entitling a person to be regarded as a member of an armed force for the purpose of this paragraph, shall be subject to agreement by a committee of experts appointed by the Planning Committee of the Multi-Party Negotiating Process, and comprised of representatives of the military forces of participants in the Negotiating Council designated by the commanders of those forces.
that person was a registered member of such armed force at the commencement of this section and qualifies in terms of the requirements referred to in subsection (2)(k); and that person's name and other particulars are included in a certified personnel register, which shall be submitted by such armed force to the Subcouncil within 21 days after the commencement of this section or, in the case of a participant referred to in section 4(5), within 21 days after the publication of the relevant proclamation referred to in section 4(5) (a), and which register shall be updated monthly.
the deployment of any defence force unit in crime prevention or peacekeeping operations; and the relationship and interaction between such a unit and any other unit of a defence force, the National Peacekeeping Force or any policing agency involved in such operations, and any such deployment and the discontinuance of such deployment shall take place only in accordance with such regulations and with the concurrence of both the said Minister and the Subcouncil.
which takes place after the commencement of this section, such deployment and the discontinuance of such deployment shall take place only with the concurrence of both the Minister and the Subcouncil.
If the Council or the Subcouncil and the Minister are unable to reach agreement on any matter dealt with in this subsection or, in the case of the regulations contemplated in paragraph (a), are unable to reach such agreement within one month of the appointment of the members of the Subcouncil, the matter shall be referred to the Special Electoral Court for determination.
Notwithstanding subsection (4)(a), but subject to section 13(2)(b), the command structure of any military force shall remain responsible for the day to day management of such force, including routine transfers, training, promotion and, in the case of any defence force, any routine defensive functions relating to the protection of the integrity of the borders of the State concerned.
any mechanism to ensure appropriate interaction between the Subcoun cil, the various military forces, the National Peacekeeping Force, policing agencies and any other relevant agency at national, regional or local level.
The Minister of Defence, exercising the powers in terms of the Defence Act, 1957 (Act No. 44 of 1957), and the appropriate functionary exercising corresponding powers provided for in the corresponding legislation of the Republic of Transkei, Bophuthatswana, Venda or Ciskei, to make, amend or repeal regulations regarding matters concerning defence force conduct, functioning, structures and deployment relevant to the objects of the Council, and any commander of an armed force issuing directives in regard to such a matter, shall act in consultation with the Subcouncil, which may itself propose such regulations or directives or the amendment or repeal of such regulations or directives: Provided that if no agreement is reached between the Minister, functionary or commander and the Subcouncil, the matter shall be referred to the Special Electoral Court for determination.
Without derogating from the rights of any participant in the Council in terms of section 23, the commander of any military force shall ensure that any directive of the Subcouncil regarding the deployment or conduct of any military force is made known to and binding upon all members of such military force, including, where appropriate, by incorporation thereof in the relevant standing orders and any disciplinary code.
the audit and effective supervision of the arms and armaments of any military force, by that force; and the identification of the personnel of any military force, for which purpose every military force shall submit a certified personnel register to the Subcouncil within 21 days after the commencement of this section or, in the case of a participant referred to in section 4(5), within 21 days after the publication of the relevant proclamation referred to in section 4(5)(a), and shall update such register on a monthly basis.
The Subcouncil shall budget for and be allocated the necessary resources to establish and maintain a force, to be known as the National Peacekeeping Force, the functions of which shall relate to the maintenance of peace and public order in South Africa.
all military forces, as far as practicable in equal numbers, except in so far as any such force prefers to contribute fewer members to that Force; and every policing agency which falls under the authority and control of a participant in the Council, wishing to be represented in that Force.
The Subcouncil shall establish a National Peacekeeping Force Command Council, comprised of representatives of all the military forces and policing agencies participating in the National Peacekeeping Force and wishing to be represented on that Command Council.
the application of any existing law relating to any matter referred to in subparagraph (i), (ii), (iii), (iv) or (v), with such adjustments, if any, to that law as may be considered necessary.
The National Peacekeeping Force shall have its own distinctive uniform and insignia, and its vehicles shall be marked distinctively.
in consultation with the National Peacekeeping Force Command Council and after consultation with the South African Defence Force, determine the requirements of the National Peacekeeping Force in respect of uniforms, transport, accommodation, equipment and other logistical support; and budget for and be allocated funds for this purpose.
The uniforms, transport, accommodation, equipment and other logistical support referred to in paragraph (b) shall be supplied by the South African Defence Force, either from its own resources or from the resources of any other defence force or policing agency or any other source, for the account of the Subcouncil.
In the event of the Subcouncil and the National Peacekeeping Force Command Council being unable to reach agreement on any matter referred to in subsection (12), the matter shall be referred to the Council, which shall endeavour to resolve it, failing which the matter shall be referred to the Special Electoral Court for determination.
to make recommendations regarding the prevention of wasteful expen diture; and to monitor any expenditure of State funds by any Government or any department of State or any institution funded wholly or partly from State funds, and to ascertain whether any public monies or State funds have been allocated or given improperly to any political party.
have access to all information relating to its functions available from any Government or administration, the South African Reserve Bank, the Central Economic Advisory Service, the Tax Advisory Committee and the National Economic Forum; and be entitled to conduct such research as it considers necessary.
the contingent liabilities of any Government; and any other matter considered by the Subcouncil to be relevant to the objects of the Council.
the upgrading of any post or the creation of any new post in the public service of any Government above a level to be determined by the Subcouncil; and any amendment to or deviation from the laws governing the retirement of members of any such public service.
The Subcouncil shall be informed of the proposed filling of any vacant post in the public service of any Government above a level to be determined by the Subcouncil.
The Subcouncil shall be provided on a continuous basis with full particulars, including the intended purposes, concerning any new international financial agreement which is being negotiated between a Government and any foreign government or international agency, and no such agreement shall be concluded without the prior approval of the Subcouncil.
The Subcouncil shall be informed of transfers of public funds as between the various Governments, regardless of the departments from which the transfers are made.
The Subcouncil shall be informed on a monthly basis of domestic borrowing by the various Governments of amounts in excess of a figure determined by the Council.
ensuring that any foreign policy initiative benefits the country as a whole and not one or other political party; and promoting such international relations, including trade, finance, culture and sport relations, as in the opinion of the Subcouncil will benefit the country as a whole.
to make recommendations to all participants in the Council, the other subcouncils, the Independent Electoral Commission, the Independent Media Commission, the Independent Broadcasting Authority, the National Peace Secretariat, policy-making forums, all statutory commissions and all electoral educational programmes on steps to promote the free and equal participation of women in the electoral process; and to submit proposals to the Subcouncil on Finance and the relevant departments of State in regard to the 1994195 budget on the allocation of resources for the promotion of the equality of women and their participation at all levels of government, including appropriate programmes and mechanisms.
to make proposals regarding suitable legislation relating to the practice of intelligence in a new political dispensation, including suitable mechanisms of accountability and political supervision; and to facilitate the transition to a future intelligence dispensation by commissioning research and making proposals in this regard.
taking into consideration the sensitive nature of intelligence, deal with intelligence matters in a manner conducive to the national interest and not sectional interests; and recognize that the day to day management of every service remains the responsibility of the relevant Minister or head of such service, and that all services shall during the period of transition, subject to section 3, continue to fulfil their duties to their respective principals.
If there is any dispute in relation to an investigation referred to in subsection (1)(f) or (g), the matter shall, having regard to the sensitive nature of intelligence, be referred to the appropriate Minister or head of the service concerned in order to attempt to resolve the issue.
If the issue is not so resolved the matter shall be referred to the Special Electoral Court for determination.
Any power conferred upon the Subcouncil by this Act and which overlaps with any power conferred upon the Subcouncil on Law and Order, Stability and Security or the Subcouncil on Defence, shall be exercised in conjunction with such other subcouncil.
Notwithstanding the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), or any other law, this Act and any amendment thereof or addition thereto under section 28, shall also apply in all self-governing territories.
In the event of any of the Republics of Transkei, Bophuthatswana, Venda or Ciskei deciding to incorporate the provisions of this Act into its law, such agreements as may be required to secure the co- ordinated implementation of the relevant legislation may be concluded, and such an agreement shall have the force of law.
Any such proposed agreement shall be placed before the Negotiating Council or the Council, as the case may be.
Council or of the subcouncil concerned.
Notwithstanding this section or any other provision of this Act, no military force, policing agency or intelligence service or structure shall be obliged to disclose any information or document in its possession or under its control in a form which could reveal the identity of any source of such information, if that information or document was provided under an express or implied assurance of confidentiality: Provided that this paragraph shall not prevent the disclosure of the remaining parts of information or a document if the parts which could reveal the identity of the source can be separated from the rest thereof.
In the event of a dispute arising from the provisions of paragraph as to whether or not the disclosure of any information or document in the possession or under the control of a military force, policing agency or intelligence service or structure may reveal the identity of the source of information or document, such dispute shall be referred for determination to a committee composed of the head of the relevant military force, policing agency or intelligence service or structure and a member of the Committee referred to in subsection (4) designated by the Committee in consultation with the said head.
relating to any special or secret account established or governed by or under any law, except in so far as it concerns any expenditure from such account which has been found by the Auditor-General to have been unauthorized; or relating to any tax matter prohibited from disclosure by any law when weighed against the need or necessity for disclosure.
The Council shall establish a committee to be known as the Access to Information Committee (hereinafter in this section referred to as "the Committee").
The Committee shall consist of four members appointed by virtue of a decision of the Council which has the support of at least eighty persent of the members of the Council, including every member who represents a participant in the Council which has a military force or a policing agency.
All persons appointed as members of the Committee shall be persons of integrity and trustworthiness in whom the Council has the fullest confidence.
A member of the Council or a subcouncil may not be appointed as a member of the Committee.
A member of the Committee who is not in the full-time service of any Government or administration shall be entitled to such remuneration, allowances and other benefits as may be determined by the Council.
The Committee shall designate two of its members as a subcommittee to deal with all requests in terms of subsections (8) and (9) relating to any information or document compiled by or in the possession or under the control of any military force, policing agency or intelligence service or structure, excluding requests in respect of information or documents relating to a special or secret account referred to in subsection (3)(i), and the said members shall exercise the Committee's powers in respect thereof.
The other two members of the Committee shall act as a subcommittee to deal with all requests in terms of subsections (8) and (9) relating to the special or secret accounts referred to subsection (3)(i) and any information or document other than that contemplated in paragraph (f), and the said members shall exercise the Committee's powers in respect thereof.
it is in terms of subsection (8) or (9) requested by the Council or a subcouncil to scrutinize such information or document; and access to such information or document is reasonably necessary to attain the objects of the Council.
The Committee shall take special precautions to ensure that no information or document referred to in subsection (3) to which it gains access is disclosed to unauthorized persons.
No person other than the members of the Committee or a subcommittee referred to in subsection (4)(f) or (g) shall be present at any meeting of the Committee or subcommittee unless such person's presence is necessary and is authorized by the Committee or the subcommittee concerned.
Notwithstanding any other law prohibiting the disclosure of any information or document, any Government or administration, any participant in the Council and any political party shall be entitled, subject to subsections (2) and (3), to disclose or furnish any information or document in its possession or under its control to the Council or a subcouncil.
If any Government or administration, any participant in the Council or any political party, on being requested by the Council or a subcouncil in terms of any provision of this Act to disclose or furnish any information or document to it, refuses or fails to disclose or furnish such information or document or contends that such information or document is exempt from disclosure by virtue of subsection (3), the Council or subcouncil may request the Committee to scrutinize that information or document.
The Council or a subcouncil may at any time request the Committee to scrutinize any information or document in the possession or under the control of any Government or administration, any participant in the Council or any political party.
A request contemplated in subsection (8) or (9) shall specify with sufficient clarity the nature of the information or document concerned as well as the reasons why it is considered to have a bearing on the objects of the Council.
if it is so exempt, to verifying whether or not the information or document or anything dealt with therein discloses anything which adversely affects the attainment of the objects of the Council, and if so, in what manner; and if it is not so exempt, to releasing the information or document to the Council or to the subcouncil concerned.
For the purpose of subsection (11), the Committee may interview the duly authorized senior representative, or a person designated by him or her, of the Government or administration, the participant in the Council or the political party concerned and may direct such representative or person in writing to appear before it to produce any information or document in the possession or under the control of that Government or administration, participant in the Council or political party, and may question such representative or person relating to such information and require an explanation of anything contained in such a document: Provided that if the Committee is not satisfied with any such explanation, the Committee may direct any other person in writing to appear before it, and may question such person relating to such information and require an explanation of anything contained in such a document.
Any person who fails to comply with a direction referred to in paragraph (a), shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding 12 months.
If the member or subcommittee referred to in subsection (11) finds that any information or document that is exempt in terms of subsection (3) or anything dealt with therein, discloses anything which adversely affects the attainment of the objects of the Council, the Committee may make such information or document or any segregable portion thereof available to the Council or a subcouncil, subject to such limitations relating to access, publication and safekeeping as may be imposed by the Committee.
The subcommittee shall in writing notify the Council or the subcouncil concerned and the Government, administration, participant in the Council or political party concerned, as the case may be, of any finding in terms of this section, which finding shall be binding on the parties concerned and shall be given effect to.
with the written permission of the Council.
Any person who contravenes a provision of paragraph (a) shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding 12 months.
I am fully aware of the serious consequences which may follow any breach or contravention of the above-mentioned provisions.
a particular matter falls within the scope of the powers of the any proposed legislation or executive or other action may have an adverse impact on the attainment of the objects of the Council; or such Government, administration, political party or organization is obliged to comply with a direction of the Council or subcouncil, the Government, administration, political party or organization concerned may refer the matter to the Special Electoral Court for determination.
If any Government, administration, political party or organization contends, in relation to a direction issued by the Council in terms of section 13(1)(6) or (2)(b) or a direction referred to in section 13(3), that the necessity or desirability for any proposed legislation, or for any action or for the implementation of any decision, as the case may be, outweighs the adverse effect, if any, it may have on the attainment of the objects of the Council, that Government, administration, political party or organization may, within three days after such direction was issued, refer the matter concerned to the Special Electoral Court for determination, and may only proceed with such legislation or action or implement such decision, as the case may be, if or in so far as the Special Electoral Court authorizes it to do so.
the views expressed on the matter in written submissions by members of the Council or the subcouncil concerned and by the Government, administration, political party or organization concerned; and any other matter considered by the Special Electoral Court to be relevant for its decision.
The Special Electoral Court may make such findings and give such instructions or directions as it may consider appropriate in the circumstances.
The findings of the Special Electoral Court shall be final and binding and shall not be subject to further appeal.
A direction issued by the Council or a subcouncil in terms of this Act and which is not referred to the Special Electoral Court within three days after the Government, administration, political party or organization concerned was notified of that direction, shall be binding on the Government, administration, political party or organization concerned.
The provisions of this section shall not apply to any matter referred to in subsection (1)(c), (2), (3), (5), (6) or (7) of section 15, or subsection (13) or (14) of section 22.
The first meeting of the Council shall take place on a date and at a place agreed to by the Negotiating Council and specified in the first proclamation under section 4(4), which date shall not be later than 14 days after the date of that proclamation.
The Council shall, after its first meeting, meet at such times and places as it may determine.
The Council shall at its first meeting designate from among its members a chairperson or chairpersons.
At that meeting a person designated by the Negotiating Council shall preside until a chairperson or chairpersons, as the case may be, have been designated.
The Council shall at its first meeting, from among its members, designate a management committee.
perform any other function assigned to it by the Council.
A Minister or head of any department of State, or a person designated by such Minister or head, or any other person in the service of the State, shall, when requested to do so by the Council or a subcouncil, attend any meeting of the Council or subcouncil at which a matter relating to the functions of that department and the objects of the Council is to be discussed, and shall at such a meeting, subject to the other provisions of this Act, furnish such information or document or explanation in connection with such matter as may be required by the Council or subcouncil.
The leader of any political party, or of any organization participating in the Council, or a person designated by such leader, shall, when requested to do so by the Council or a subcouncil, attend any meeting of the Council or subcouncil at which a matter relating to any activity or conduct of that party or organization and which has a bearing on the objects of the Council is to be discussed, and shall at such a meeting, subject to the other provisions of this Act, furnish such information or document or explanation in connection with such matter as may be required by the Council or subcouncil.
Any person who has an interest in any matter under discussion at a meeting of the Council or a subcouncil may on the invitation of the Council or subcouncil attend that meeting and, if invited to do so, address it with regard to that matter.
The Subcouncil on the Status of Women shall from time to time designate three persons from among its members, who shall be entitled to attend all meetings of the Council and to address it on any matter relating to the functions of that subcouncil, the interests of women and gender issues in general.
All decisions of the Council or a subcouncil shall be taken by the members thereof alone and shall, as far as possible, be taken on a basis of consensus.
and (f), a decision which has the support of at least two-thirds of the members of the subcouncil concerned, shall be a decision of the Council or the subcouncil concerned, as the case may be.
may exercise the powers and shall perform the duties which the Council may from time to time confer or impose upon him or her in order to attain the objects of this Act, and shall for those purposes be accountable to the Council.
The Executive Director and the persons referred to in section 7(1)(d) and (e) shall exercise their powers and perform their duties in an impartial manner and shall, in so doing, be subject to such provisions of the laws governing the public service of the Republic of South Africa as may be determined by the Council and to the extent and subject to such adjustments as may be determined by the Council.
requests being received in the prescribed form in accordance with the budgetary processes of the Republic of South Africa; and the provisions of the Exchequer Act, 1975, and the regulations and instructions issued in terms thereof, as well as the Auditor-General Act, 1989 (Act No. 52 of 1989).
The State Liability Act, 1957 (Act No. 20 of 1957), shall apply mutatis mutandis in respect of the Council.
In such application a reference in that Act to a Minister of a department shall be construed as a reference to the Chairperson or Chairpersons of the Council.
The Council, in consultation with the State President, may determine the need for and the content of any amendment or supplement to or repeal of any provision of this Act, excluding section 3, and the State President shall, by proclamation in the Gazette, amend, supplement or repeal the provisions of this Act accordingly.
Any such amendment, supplement or repeal shall be limited to facilitating the pursuance of the objects of this Act.
Any such amendment, supplement or repeal shall have the force and effect of an Act of Parliament.
This Act shall lapse upon the assumption of office by the members of the first cabinet in terms of the Constitution.
The Council and every subcouncil shall be dissolved on the date referred to in subsection (1).
At such dissolution of the Council and the subcouncils, all assets, monies and liabilities of the Council, the subcouncils, and any other structure, organ or body established by or under this Act, shall revert to such department of State as the first cabinet appointed in terms of the Constitution may designate.
for the purpose of any legal relationships, including legal proceedings involving the Council, be the legal successor of the Council.
This Act shall be called the Transitional Executive Council Act, 1993, and shall come into operation on a date fixed by the State President, in consultation with the Negotiating Council or, after the commencement of section 2, if applicable, in consultation with the Council, by proclamation in the Gazette.
<fn>GOV-ZA.152418En.2012-02-10.en.txt</fn>
Click on a facility for full details.
<fn>GOV-ZA.152753En.2012-02-10.en.txt</fn>
The provincial Department of Social Development, along with non-profit organisations, runs a number of diversion programmes for children who have run foul of the law. "Diversion" refers to diverting an accused child away from formal court procedures and towards a more constructive, positive solution based on the principles of restorative justice. Diversion may be offered either with or without conditions.
As at the beginning of 2007, the following Level One Diversion options were available at the provincial Department of Social Development's District Offices.
These options are only available to children who voluntarily confess to the crime and at the recommendation of a probation officer. All children who are arrested are supposed to be assessed by a probation officer within 48 hours of arrest.
SAYSTOP - For young sex offenders.
Family Group Conferencing - All probation officers have undergone training on restorative justice and are equipped to conduct Family Group Conferencing. This is both a diversion and a sentencing option.
Mentoring Programme - With the help of an NGO called Reach, this programme recruits suitable mentors to act as role models for children in trouble with the law. This project is being piloted in George.
Youth Empowerment Schemes - This programme, run by NICRO, caters for chidren (younger than 18) who are first-time offenders of less serious crimes.
The Journey - This programme, also run by NICRO, uses wilderness therapy to teach high-risk offenders crucial life skills.
What is Diversion (Public Information?
Who are Probation Officers (Public Information?
<fn>GOV-ZA.152791En.2012-02-10.en.txt</fn>
What is the Child Protection Register?
Home > Documents > Public Information > W &gt What is the Child Protection Register?
In terms of section 111 of the Children's Act 38 of 2005, the Director General must keep and maintain a register to be called a National Child Protection Register. The National Child Protection Register consists of a Part A and a Part B.
Part A must have a record of all the reports of abuse or deliberate neglect of a child, all convictions of all persons on charges involving the abuse or deliberate neglect of a child and all findings by a children's court that a child is in need of care and protection because of the abuse and deliberate neglect of the child (See: Section 114 of the Children's Act 38 of 2005).
Part B must have a record of persons who are unsuitable to work with children and to use the information in the register (part B) in order to protect children in general against abuse from these persons (See: Section 118 of the Children's Act 38 of 2005).
All children who have been abused and form part of an investigation relating to any form of child abuse which is physical, emotional, sexual or deliberate neglect must be entered onto Part A of the National Child Protection Register.
Have a record of abuse or deliberate neglect inflicted on specific children.
Have a record of the circumstances surrounding the abuse or deliberate neglect inflicted on the children.
To use the information in the register in order to protect these children from further abuse or neglect.
To monitor cases and services to such children.
To share information between professionals that are part of the child protection team.
To determine patterns and trends of abuse or deliberate neglect of children.
To use the information in the register for planning and budgetary purposes.
To prevent deliberate neglect of children.
To protect children on a national, provincial and municipal level (see Section 113 of the Children's Act 38 of 2005).
To link the child/family to social work services focusing on preventative services, specialised counseling (if necessary) and family therapy.
Guide the children's court when finding the child in need of care and protection.
Conduct research that will be used to inform policies and strategies focusing on child abuse and neglect.
Through the National Child Protection Register, the provincial Department of Social Development will able to determine trends, patterns and high prevalence rate of child abuse and neglect in certain communities, and will be able to target these communities and other communities by focusing on awareness and prevention programmes, and promote the wellbeing of children, build resilient families and communities in order for them to take responsibility for the care and protection of their children.
Furthermore, any correctional official, dentist, homeopath, immigration official, labour inspector, legal practitioner, medical practitioner, midwife, minister of religion, nurse, occupational therapist, physiotherapist, psychologist, religious leader, social service professional, social worker, speech therapist, teacher, traditional leader, traditional health practitioner, member of staff or volunteer worker at a partial care facility, drop-in centre or child and youth care centre who, on reasonable grounds, concludes that a child has been abused emotionally, physically, sexually or has been deliberately neglected must report that conclusion to the relevant authority, being the Department of Social Development, registered Child Protection Organisation or a police official using a form 22. This form 22 can be obtained from any nearest Social Development Office.
Once the abuse has been reported using a Form 22, the Department of Social Development or a registered Child Protection Organisation must report the abuse to the Director General using a Form 23 so that any child who has been abused in any form be entered onto Part A of the Child Protection Register.
The National Child Protection Register is at all times to kept confidential and access, disclosure and inquires to the register can be provided in terms of Section 115, 116 and 117 of the Children's Act 38 of 2005.
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<fn>GOV-ZA.152msigEn.2012-02-10.en.txt</fn>
hot!
Details hot!
<fn>GOV-ZA.15324En.2012-02-10.en.txt</fn>
Understanding of financial regulations Good interpersonal skills and expertise in mentoring and coaching Project management skills Computer literacy A valid Code 08 (EB) driver's licence and own car.
Duties: The successful candidates will be expected to perform the following duties: Inspection of all Social Work files in the district, including process notes, allocation of file, lapsed court orders and foster care backlogs Mentoring of Social Work Supervisors and strengthening of child care management unit.
Please forward your application, quoting the reference number, to Head Office: Bhisho, Head of the Department: Social Development, Private Bag X0039, Bhisho, 5605 or hand deliver at Human Resources, Ground Floor, Phalo House, Bhisho for the attention of Mr M Mapuza. Enquiries may be directed to Mr M Mapuza at (040) 608 9215.
Note: This advertisement is designed for candidates between 55 and 65 years of age.
Council for Social Service Professions as a Social Worker will be required.
If you have not been contacted within three months after the closing date of this advertisement, please consider that your application was unsuccessful.
<fn>GOV-ZA.15338En.2012-02-10.en.txt</fn>
No. 160 of 1993: Adjustments Appropriation Act (House of Assembly), 1993.
To appropriate additional amounts of money for the requirements of the Administration: House of Assembly in the financial year ending 31 March 1994.
(Assented to 8 December 1993.
Subject to the provisions of the Exchequer Act, 1975 (Act No. 66 of 1975), there are hereby appropriated for the requirements of the Administration: House of Assembly in the financial year ending 31 March 1994, as a charge to the Revenue Account: House of Assembly, the additionalamounts of money shown in column 1 of the Schedule.
This Act shall be called the Adjustments Appropriation Act (House ofAssembly), 1993.
Vote Column 1 Column 2 No.
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No. 161 of 1993: Second Unauthorized Expenditure Act (House of Assembly), 1993.
To authorize certain unauthorized expenditure from the Revenue Account: House of Assembly.
The Revenue Account: House of Assembly is hereby charged with the amount of R40 330,00 to defray certain expenditure over and above the amounts appropriated for the financial years which ended on 31 March 1987,31 March 1991 and 31 March 1992 in respect of the vote Education and Culture (Vote No. 3).
The expenditure referred to in subsection (1) is more fully described in paragraph 1 (1), on page 4, of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of the Administration: House of Assembly for 1991-92 [RP 94/1993], which has been submitted to the House of Assembly, and in the Report of the House Committee on Public Accounts: House of Assembly, 1993.
The Revenue Account: House of Assembly is hereby charged with the amount of R1 505,17 to defray certain expenditure over and above the amount appropriated for the financial year which ended on 31 March 1992 in respect of the vote Local Government, Housing and Works (Vote No. 4).
The expenditure referred to in subsection (1) is more fully described in paragraph 1(2), on page 4, of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of the Administration: House of Assembly for 1991-92 [RP 94/1993], which has been submitted to the House of Assembly, and in the Report of the House Committee on Public Accounts: House of Assembly, 1993.
The Revenue Account: House of Assembly is hereby charged with the amount of R338,00 to defray certain expenditure over and above the amount appropriated for the financial year which ended on 31 March 1992 in respect of the vote Budgetary and Auxiliary Services (Vote No. 5).
The expenditure referred to in subsection (1) is more fully described in paragraph 1(3), on pages 4 and 5, of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of the Administration: House of Assembly for 1991-92 [RP 94/1993], which has been submitted to the House of Assembly, and in the Report of the House Committee on Public Accounts: House of Assembly, 1993.
The Revenue Account: House of Assembly is hereby charged with the amount of R1 051 722,14 to defray certain expenditure over and above the amounts appropriated for the financial years which ended on 31 March 1987, 31 March 1988, 31 March 1989 and 31 March 1990 in respect of the vote Welfare (Vote No. 7).
The expenditure referred to in subsection (1) is more fully described in paragraph 1(4), on page 5, of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of the Administration: House of Assembly for 1991-92 [RP 94/1993], which has been submitted to the House of Assembly, and in the Report of the House Committee on Public Accounts: House of Assembly, 1993.
This Act shall be called the Second Unauthorized Expenditure Act (House of Assembly), 1993.
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<fn>GOV-ZA.15346En.2012-02-10.en.txt</fn>
To amend the Income Tax Act, 1962, so as to provide for the transfer of certain amounts between companies within the same group of companies; and to further provide for the refund of Standard Income Tax on Employees (SITE) under certain circumstances; to amend the Income Tax Act, 1993, so as to make further provision with regard to unbundling transactions; and to provide for matters connected therewith.
Amendment of section 22 of Act 58 of 1962, as amended by section 8 of Act 6 of 1963, section 14 of Act 90 of 1964, section 21 of Act 89 of 1969, section 23 of Act 85 of 1974, section 20 of Act 69 of 1975, section 15 of Act 103 of 1976, section 20 of Act 94 of 1983, section 19 of Act 121 of 1984, section 14 of Act 65 of 1986, section 5 of Act 108 of 1986, section 21 of Act 101 of 1990, section 22 of Act 129 of 1991 and section 17 of Act 113 of 1993 1.
the last-mentioned company contemplated in paragraph (a) is entitled to a deduction as contemplated in subsection (3B), or a LIFO reserve as contemplated in subsection (5)(d) has been determined in relation to such last-mentioned company, the Commissioner may direct that, subject to such conditions as he may impose, the said two companies shall for the purposes of subsection (3B) or paragraphs (d) and (e) of subsection (5), as the case may be, be regarded as being one company.
Subsection (1) shall be deemed to have come into operation as from the commencement of years of assessment ending on or after 1 January 1994.
Amendment of section 23E of Act 58 of 1962, as inserted by section 19 of Act 113 of 1993 2.
(1), (3), (4), (5), (6) and (7) be regarded as being one company.
Amendment of paragraph 11B of 4th Schedule to Act 58 of 1962, as inserted by section 41 of Act 90 of 1988 and amended by section 22 of Act 70 of 1989, section 47 of Act 101 of 1990, section 46 of Act 129 of 1991 and section 34 of Act 141 of 1992 3.
"(4A) Where in respect of any tax period falling within a year of assessment which ended on the last day of February 1991, 1992 or 1993 any employee failed to furnish his employer with a return of personal particulars or a fresh return as required in terms of paragraph 12(1) and in consequence of such failure the employer determined an amount of Standard Income Tax on Employees in relation to such employee which exceeded the amount of Standard Income Tax on Employees which would have been determined had such return or fresh return been duly furnished, the Commissioner may, notwithstanding the provisions of subparagraph (6), amend the determination of the amount of Standard Income Tax on Employees payable by the employee in respect of such tax period and may, notwithstanding the provisions of section 102(2), make a refund of the amount paid in excess.".
Amendment of section 60 of Act 113 of 1993, as amended by section 20 of Act 140 of 1993 4.
such shares so held represent at least 70 per cent of the market value of the assets of such holder, and such shares are, in pursuance of a distribution in specie thereof in the course of an unbundling transaction, listed on a licensed stock exchange as defined in section 1 of the Stock Exchanges Control Act, 1985 (Act No.
Subsection (1) shall be deemed to have come into operation on 22 November 1993.
This Act shall be called the Income Tax Amendment Act, 1993.
<fn>GOV-ZA.15347En.2012-02-10.en.txt</fn>
Government Gazette 15347 STATE PRESIDENT'S OFFICE No. 2430. 17 December 1993 It is hereby notified that the Acting State President has assented to the following Act which is hereby published for general information:- No. 169 of 1993: Societies for the Prevention of Cruelty to Animals Act, 1993.
To provide for control of societies for the prevention of cruelty to animals; and for matters connected therewith.
"Animals Protection Act" means the Animals Protection Act, 1962 (Act No.
the Performing Animals Protection Act, 1935 (Act No. 24 of 1935); (b) the Medicine and Related Substances Control Act, 1965 (Act No.
the Veterinary and Para-Veterinary Professions Act, 1982 (Act No.
the Animal Diseases Act, 1984 (Act No. 35 of 1984); or the Abattoir Hygiene Act, 1992 (Act No.
"Association" means the SPCA National Council of Southern Africa which was incorporated under the Companies Act, 1973 (Act No.
"this Act" includes the rules and the constitution.
There is hereby established a juristic person to be known as the National Council of Societies for the Prevention of Cruelty to Animals (in Afrikaans Nasionale Raad van Dierebeskermingsverenigings).
At the commencement of this Act the Association shall cease to exist.
directors elected in accordance with the constitution; and a director nominated by the Minister.
The directors of the Association at the commencement of this Act shall be deemed to have been elected in terms of subsection (3)(a).
to do all things reasonably necessary for or incidental to the achievement of the objects mentioned in paragraphs (a) to (e).
other matters the regulation of which is necessary for the proper functioning of the Council and the board.
Any amendment of the constitution shall be approved by a special resolution.
The constitution and each amendment thereof shall be published in the Gazette.
An amendment of the constitution shall come into operation on a date 60 days after it was published in the Gazette.
The board shall, within 30 days after publication in terms of paragraph (a), furnish each society with a copy of such constitution or amendment thereof.
Copies of the constitution shall be obtainable from the board on payment of the amount determined by the board.
The amount so determined shall be a reasonable amount, regard being had to the costs to the board of such a copy.
the Registrar of Companies shall deregister the Association in terms of the Companies Act, 1973 (Act No. 61 of 1973).
Any reference in any will or deed of donation to the Association or the SPCA or a society for the prevention of cruelty to animals or any abbreviation or translation thereof which cannot be construed as a reference to a particular society for the prevention of cruelty to animals, shall be deemed to be a reference to the Council.
If the Association was the owner of any immovable property which passed to the Council in terms of this section, the Registrar of Deeds concerned shall at the request of the board make an appropriate endorsement in his registers and on the title deeds in question.
No transfer duty, stamp duty or other tax or fees of office shall be payable by the Council in order to give effect to the provisions of this section.
The Council shall for the purposes of section 8 of the Animals Protection Act be a society for the prevention of cruelty to animals.
raising Act, 1978 (Act No.
do everything which in its opinion is conducive to the performance of its functions or the achievement of the objects of the Council or is calculated directly to enhance the value of, or render profitable, the property or rights of the Council.
The board shall not be divested of any power or duty delegated or assigned to a committee in terms of subsection (2)(p), and may rescind or vary any decision of a committee.
any matter the regulation of which the board considers necessary or expedient for the achievement or promotion of the objects of the Council or for the exercise of the powers or the performance of the functions and duties of the board.
A rule made in terms of subsection (1) or any amendment or the repeal thereof shall come into operation on a date 30 days after the board has given notice thereof in the Gazette.
The board shall furnish every society and every inspector, employee and other officer of the board with a copy of each rule made by it and of each amendment or repeal of a rule, within 30 days after notice thereof has been given in terms of subsection (2).
No person shall without being registered with the Council use, in connection with any activity performed by him, the expression "Society for the Prevention of Cruelty to Animals" or "Dierebeskermingsvereniging" or any abbreviation thereof or any expression which so closely corresponds thereto that it may be misleading.
A person desiring to be registered with the Council shall apply to the board in the manner and at the time prescribed by the rules, and the application shall be accompanied by the application fee and the documents likewise prescribed.
No person shall be registered in terms of subsection (4) (b) (i) if he is a natural person.
cancel any such registration if the society concerned has contravened or failed to comply with any condition imposed by the board under paragraph (b).
Conditions referred to in subsection (4)(b) shall relate to the achievement of the objects of the Council, the performance of its functions and duties and the exercise of its powers in terms of this Act.
If the board refuses to grant an application for registration, the applicant concerned shall be notified in writing of the decision in question and of the grounds on which it is based.
If the board has granted an application for registration it shall issue a certificate of registration to the society concerned, and such society shall at all times display a copy thereof at every place where it ordinarily conducts its affairs.
If the board has cancelled a registration certificate it shall cease to be valid and the society concerned shall forthwith return it to the board.
A society registered under subsection (4)(b)(i) shall only use an expression referred to in subsection (1) in connection with the performance of its functions for the purposes of this Act, the Animals Protection Act and the associated Acts.
Any society for the prevention of cruelty to animals which is a member of the Association immediately prior to the commencement of this Act, shall for all purposes be deemed to be registered in terms of this section.
A society shall for the purposes of section 8 of the Animals Protection Act be a society for the prevention of cruelty to animals.
Fund-raising Act, 1978 (Act No.
may defend legal proceedings instituted against it and institute legal proceedings connected with its functions, including, but not limited to, such proceedings in an appropriate court of law to prohibit the commission by any person of a particular kind of cruelty to animals.
The board shall not refuse to approve in terms of subsection 2(j) an amendment which a society proposes to make so as to provide for its internal conditions or affairs and which is not in conflict with the objects of the society or the Council.
Subject to the provisions of subsection (2), an ordinary resolution may determine that financial contributions shall be paid by every society to the board, and determine the amount of such contributions required to be paid by each society and the due date for payment of such contributions.
The said financial contributions shall be determined in accordance with the constitution.
(a) Subject to paragraphs (b) and (c), a society which fails to comply with any provision of this Act shall on demand by the board pay to the board an amount which a special resolution considers to be a fair and reasonable contribution to cover the actual costs which the board had to incur as a result of such failure.
The said costs may include legal expenses between the board and its own legal representation as well as the pro rata costs of the board as a result of the employment of any inspector, employee or any other officer, or the appointment of any representative of the board, to investigate such failure by such society, or to exercise the board's rights and powers consequent upon such failure.
If any award of costs of a court in favour of the board has been complied with by a society, the amount thereof shall be deducted from any amount payable by that society to the board in terms of this subsection.
If a court awards costs in favour of a society against the Council, the board shall on demand of such society pay all reasonable expenses of the society over and above the costs awarded by the court.
If the board undertakes any campaign, investigation or proceeding which is of national relevance or is important to the objects of the Council as well as those of the societies or certain societies and the board gives written notice thereof to the societies or the societies concerned, the board may in terms of an ordinary resolution require the societies or any society benefited thereby to pay towards the defrayal of the costs and expenses incurred or to be incurred by the board as a result of that undertaking a contribution determined by the board, which shall be proportional to the contributions of the societies payable in terms of subsection (1).
If a society fails to pay any contribution due by it to the board on the due date for payment thereof, the board may in its discretion require such society to pay interest on the overdue amount at the rate of interest prescribed by the rules, from the due date for payment to the date of payment.
The board may institute legal proceedings to recover from a society any amount due by it to the board.
terminate the membership of, or remove from office, any member, director, committee member, employee or other officer of such society as such, or institute or direct such society to institute disciplinary steps against him, if the board is of the opinion that such member, director, committee member, employee or other officer is responsible for or is the cause of the failure; or cancel the registration of such society.
If during any calendar year the board has already issued two or more notices in terms of subsection (1) to a society, the board shall not be obliged to issue a further such notice calling upon such society to cease or remedy a further failure referred to in subsection (1) and may exercise its rights and powers in terms of subsection (1) without affording such society the opportunity to cease or remedy such failure.
Subject to the provisions of subsection (4), the board shall afford any society allegedly failing to perform its duties in terms of this Act or any member, director, committee member, employee or other officer of such society the opportunity to appear before the board or any committee or subcommittee established by the board for that purpose, or to make written representations to the board or such committee or subcommittee, if such society, member, director, committee member, employee or other officer requests to be allowed to do so before the board acts in terms of subsection (1)(a), (b) or (c).
If a society or any other person fails to submit a request in terms of subsection (3) within a period of 30 days after a relevant written notice in terms of subsection (1), the society shall be deemed to have refused to cease or remedy the failure.
replace any of the said representatives by representatives or members of the society concerned determined by the board in its discretion; or cancel the registration of such society.
The board may in its discretion, by the institution of legal proceedings against a society, enforce specific performance by it of its duties in terms of this Act.
The provisions of subsection (6) shall not derogate from the rights and powers of the board in terms of the other provisions of this section and may be applied in addition to the exercise of such rights and powers.
constitute and register another society or designate any other existing society or organization to take over the functions of, and, in particular, to serve the territory and community formerly served by, that society; and transfer to, and vest in, the other society or organization referred to in paragraph (a) all the assets, liabilities, rights and duties of that society or burden it therewith, without the rights of third parties being prejudiced thereby; or assume control of that society by the appointment of representatives of the board as directors, committee members, employees or other officers of such society until the board has taken steps in terms of paragraph (a).
If the board has not taken any steps in terms of subsection (1) (a) within six months after becoming entitled to do so, or if during such period such society has not resolved the deadlock in question or overcome its inability to perform its functions or achieve its objects, such society shall be wound up in accordance with its memorandum, articles of association, constitution or other founding deed, or any other applicable law, whichever may be applicable.
The board shall within six months after the end of every financial year submit to the Minister a report on the Council's activities and financial affairs in respect of the preceding financial year.
After receipt of the report the Minister may request from the board such further information in connection with the said activities and affairs of the Council as he may deem fit.
A director, inspector, employee or other officer or representative of the board shall not be liable in respect of anything done or omitted to be done in good faith in the exercise of a power or the performance of a duty conferred or imposed by or under this Act.
refuses or fails to comply with a direction of the Minister referred to in section 16(b) or (c), shall be guilty of an offence.
(d), be liable to a fine, or to imprisonment for a period not exceeding six months; and in the case of a conviction of an offence mentioned in subsection (1)(b) or (c), be liable to a fine, or to imprisonment for a period not exceeding one year.
Any fine paid or recovered in respect of an offence under this Act shall be paid over to the Council.
give such directions concerning the functions of the board as he may deem fit, including the reconstitution of the board; or direct the transfer of all the assets, liabilities, rights and obligations of the Council to any other juristic person the objects of which substantially correspond to those of the Council and see that it is done.
The board shall in terms of a unanimous resolution by the societies present at a general meeting of the societies convened in terms of the constitution, dissolve the Council.
If the Council is dissolved the provisions of section 16 shall apply mutatis mutandis.
If the Minister gives a direction in terms of section 16(c) and the implementation of such direction has been completed, this Act shall lapse.
This Act shall be called the Societies for the Prevention of Cruelty to Animals Act, 1993.
<fn>GOV-ZA.15348En.2012-02-10.en.txt</fn>
No. 170 of 1993: Regional and Land Affairs Second General Amendment Act, 1993.
To amend the Land Survey Act, 1927, so as to simplify the erection and testing of reference marks; to amend the Deeds Registries Act, 1937, the Mining Titles Registration Act, 1967, the Alienation of Land Act, 1981, and the Sectional Titles Act, 1986, so as to do away with the power of the State to determine the tariffs in respect of transactions between private persons and conveyancers; to amend the Professional and Technical Surveyors' Act, 1984, so as to further regulate the constitution of the South African Council for Professional and Technical Surveyors and of the Education Advisory Committee; and to further regulate the registration of professional and technical surveyors; to provide for the validation of certain general plans and diagrams; and to provide for matters connected therewith.
Amendment of section 26bis of Act 9 of 1927, as substituted by section 5 of Act 26 of 1981 and amended by section 9 of Act 76 of 1990 1.
Section 26bis of the Land Survey Act, 1927, is hereby amended by the deletion of paragraphs (b), (c) and (d) of subsection (1).
Amendment of section 4 of Act 47 of 1937, as amended by section 3 of Act 43 of 1957 2.
Section 4 of the Deeds Registries Act, 1937, is hereby amended by the deletion of subsection (2).
Amendment of section 10 of Act 47 of 1937, as amended by section 5 of Act 43 of 1957, section 5 of Act 43 of 1962, section 4 of Act 87 of 1965, section 4 of Act 3 of 1972, section 2 of Act 92 of 1978, section 5 of Act 27 of 1982, section 3 of Act 62 of 1984 and section 5 of Act 14 of 1993 3.
Substitution of section 15 of Act 47 of 1937 4.
Save as is otherwise provided in any other law, no deed of transfer, mortgage bond or certificate of title or registration of any kind mentioned in this Act shall be attested, executed or registered by a registrar unless it has been prepared by a conveyancer practising within the province within which his registry is situated. Such conveyancer, whether or not he practises at the seat of the registry, may recover the fees and charges to which he may be entitled in accordance with any regulation made under section ten.
Amendment of section 6 of Act 16 of 1967 5.
Section 6 of the Mining Titles Registration Act, 1967, is hereby amended by the deletion of subsection (3).
Amendment of section 10 of Act 16 of 1967, as amended by section 2 of Act 14 of 1991 6.
Amendment of section 15 of Act 16 of 1967 7.
Section 15 of the Mining Titles Registration Act, 1967, is hereby amended by the deletion of subsection (2).
Amendment of section 31 of Act 68 of 1981, as amended by section 14 of Act 51 of 1983 8.
"(b) after consultation with the Minister of Finance, prescribing the matters in respect of which fees, excluding the fees and charges of conveyancers and notaries public, shall be payable and the tariff of such fees; and".
Amendment of section 3 of Act 40 of 1984, as amended by section 2 of Act 37 of 1986 and section 3 of Act 34 of 1993 9.
"(3) When any nomination in terms of subsection (2) (a), (b), (c), (d), (e), (f), (h), (i), (iA) or (j) becomes necessary, the body concerned shall at the request of the Director-General furnish the. nomination or nominations required for appointment to the council, within a period of 60 days from the date of such request, failing which the Minister may appoint to be a member or members l of the council in terms of that subsection any suitable person or persons in the place of the person or persons he would have appointed if the said body had not so failed to nominate a person or persons.".
Amendment of section 4 of Act 40 of 1984, as amended by section 4 of Act 34 of 1993 10.
in terms of section 3(2)(j), or as an alternate to any such member in terms of section 3(4), unless he is a professional surveyor or, in the case of a person nominated by the body mentioned in section 3(2) (i) or (iA), a professional or technical surveyor.
if he was appointed in terms of section 3(2)(g) or (k) and the Minister terminates his appointment.
Amendment of section 12 of Act 40 of 1984, as amended by section 8 of Act 34 of 1993 11.
and (eA) of this section.
Amendment of section 14 of Act 40 of 1984, as amended by section 9 of Act 34 of 1993 12.
Amendment of section 20 of Act 40 of 1984, as substituted by section 11 of Act 34 of 1993 13.
General in the case of a person who applies to be registered as a professional land surveyor, complies with the requirements men tioned in subsection (1), and upon payment of the registration and annual fees, register any such person as a professional surveyor and cause such person's name to be entered in the appropriate register and a certificate of registration in the prescribed form to be issued to him.
and (f), may within six months after the date of commencement of section 13 of the Regional and Land Affairs Second General Amendment Act, 1993, or such further period as the council may determine, apply to the council to be registered.
The council shall, subject to the provisions of section 24(1), on application in the prescribed form by any person referred to in subsection (2A), and upon payment of the registration and annual fees, register any such person as a professional surveyor and cause such person's name to be entered in the appropriate register and a certificate of registration in the prescribed form to be issued to him.
Amendment of section 22 of Act 40 of 1984, as amended by section 4 of Act 37 of 1986 and section 13 of Act 34 of 1993 14.
Surveyor-General", wherever it occurs, of the expression "council".
Amendment of section 30 of Act 40 of 1984, as amended by section 19 of Act 34 of 1993 15.
Reciprocal Service of Civil Process Act, 1990 (Act No. 12 of 1990), in accordance with the provisions of that Act.
Amendment of section 15 of Act 95 of 1986, as substituted by section 9 of Act 63 of 1991 16.
Section 15 of the Sectional Titles Act, 1986, is hereby amended by the deletion of subsection (2).
Amendment of section 55 of Act 95 of 1986, as amended by section 23 of Act 63 of 1991, section 10 of Act 7 of 1992 and section 3 of Act 15 of 1993 17.
Section 55 of the Sectional Titles Act, 1986, is hereby amended by the deletion of paragraph (h).
Any general plan or diagram purportedly approved after 13 October 1983 under the Regulations for the Administration and Control of Townships in Black Areas, 1962 (promulgated under Proclamation R.293 of 1962), or any draft general plan or draft diagram purportedly approved under section 8(1) or 11 of the Regulations concerning Land Tenure in Towns, 1988 (promulgated under Proclamation R.29 of 1988), by a land surveyor on behalf of the Minister or the Director-General of the former Department of Development Aid, and which is invalid by reason of the absence of the approval of the said Minister or Director-General, is hereby validated with effect from the date on which such general plan, diagram, draft general plan or draft diagram was approved by the land surveyor.
Notwithstanding the provisions of section 3(5) of the Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984), the term of office of the members of the South African Council for Professional and Technical Surveyors appointed under section 3(2)(iA) of the said Act immediately after the commencement of the Regional and Land Affairs Second General Amendment Act, 1993, shall terminate on 10 September 1995.
This Act shall be called the Regional and Land Affairs Second General Amendment Act, 1993.
<fn>GOV-ZA.15350En.2012-02-10.en.txt</fn>
To provide for the application in the Republic of certain resolutions taken by the Security Council of the United Nations; and to provide for matters connected therewith.
The State President may by proclamation in the Gazette declare that any resolution taken by the Security Council of the United Nations under the provisions of the Charter of the United Nations shall apply in the Republic to the extent specified in the proclamation, as from a date so specified, and such resolution shall be implemented in the Republic in such manner as the State President may so determine.
A proclamation contemplated in subsection (1) may be amended, supplemented or repealed by the State President by proclamation in the Gazette.
A proclamation issued by the State President under section 1 shall be laid upon the Table in Parliament in the same manner as the list referred to in section 17 of the Interpretation Act, 1957 (Act No. 33 of 1957), and if Parliament by resolution disapproves any such proclamation or any provision thereof, such proclamation or provision shall cease to be of force and effect, but without prejudice to the validity of anything done in terms of such proclamation or such provision before it so ceased to be of force and effect, or to any right or liability acquired or incurred in terms of such proclamation or such provision before it so ceased to be of force and effect.
Any person who contravenes or fails to comply with a provision of a proclamation contemplated in section 1 shall be guilty of an offence and be liable on conviction to a fine or to imprisonment for a period not exceeding 15 years.
The State shall not be liable for any loss or damage suffered by any person which is caused by or arises from or is in any way connected with any bona fide act performed in accordance with a resolution made applicable in the Republic under section 1.
This Act shall be called the Application of Resolutions of the Security Council of the United Nations Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.15352En.2012-02-10.en.txt</fn>
No. 174 of 1993: Agricultural Research Second Amendment Act, 1993.
To amend the Agricultural Research Act, 1990, so as to define a certain expression; and to authorize the Agricultural Research Council to create trusts for the ' administration of certain donations, contributions and amounts; to validate the acquisition of certain immovable property; and to provide for matters connected therewith.
Amendment of section 1 of Act 86 of 1990 1.
Control Act, 1988 (Act No. 57 of 1988).
Amendment of section 4 of Act 86 of 1990, as amended by section 1 of Act 12 of 1993 2.
"(iv) on its own, or in association with any person, create a trust for the administration of the donations, contributions and amounts referred to in section 20(5)(c);".
Amendment of section 20 of Act 86 of 1990 3.
The acquisition by the Agricultural Research Council of the property known as Remaining Extent of Portion 67 (a portion of Portion 13) of the farm Naauwpoort 335, Registration Division JS Transvaal, held by Deed of Transfer T115057/92, registered in favour of the Agricultural Research Council, is hereby validated, with effect from the date on which the said property was acquired, in so far as it is invalid by reason of the absence of the approval of the Minister of Agriculture, or the concurrence of the Minister of Finance, as required in section 4(1)(m) of the Agricultural Research Act, 1990 (Act No. 86 of 1990).
This Act shall be called the Agricultural Research Second Amendment Act, 1993.
<fn>GOV-ZA.15356En.2012-02-10.en.txt</fn>
Government Gazette 15356 STATE PRESIDENT'S OFFICE No. 2439. 17 December 1993 It is hereby notified that the Acting State President has assented to the following Act which is hereby published for general information: No. 178 of 1993: Explosives Amendment Act, 1993. GENERAL EXPLANATORY NOTE: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.
To amend the Explosives Act, 1956, so as to redefine the expression "Minister"; and to increase certain penalties; and to provide for matters connected therewith.
Amendment of section 1 of Act 26 of 1956, as amended by section 1 of Act 35 of 1975 and section 1 of Act 5 of 1981 1.
Amendment of section 3 of Act 26 of 1956, as amended by section 1 of Act 21 of 1963 and section 3 of Act 5 of 1981 2.
"(2) Any person who contravenes the provisions of this section or any condition prescribed thereunder shall be guilty of an offence and liable on conviction to a fine not exceeding R 1 000 or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment two years, and the explosive in respect of which the contravention has taken place shall be forfeited.".
Amendment of section 4 of Act 26 of 1956, as amended by section 2 of Act 21 of 1963, section 1 of Act 12 of 1967, section 3 of Act 35 of 1975 and section 4 of Act 5 of 1981 3.
"(2) Any person who contravenes the provisions of this section shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment two years, and the explosive in respect of which such contravention has taken place shall be forfeited.".
Amendment of section 6 of Act 26 of 1956, as amended by section 3 of Act 21 of 1963, section 1 of Act 74 of 1972 and section 5 of Act 5 of 1981 4.
"(2) Any person who contravenes the provisions of this section or any condition prescribed thereunder or referred to therein, shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment two years, and the explosive in respect of which the contravention has taken place shall be forfeited.".
Substitution of section 10 of Act 26 of 1956, as substituted by section 6 of Act 5 of 1981 5.
Any person who contravenes any provision of section 7, 8 or 9 shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment two years.
Amendment of section 22 of Act 26 of 1956, as substituted by section 5 of Act 35 of 1975 and amended by section 7 of Act 5 of 1981 6.
"(2) Any person who contravenes any condition of a licence issued under this section shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or to imprisonment for a period not exceeding two four years or to both such fine and such imprisonment.".
Substitution of section 24 of Act 26 of 1956, as substituted by section 8 of Act 5 of 1981 7.
Penalties for obstructing inspector, refusing to answer inquiries, etc.
Any person who wilfully obstructs or hinders any inspector in the exercise of the powers or duties conferred or imposed upon him by this Act or the regulations, or disobeys any lawful order of an inspector, or who upon demand fails to answer as far as he may be able any question lawfully put by an inspector, or who gives false information to an inspector, whether in answer to any such question or not, or who falsely holds himself out to be an inspector, shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment two years.
Amendment of section 27 of Act 26 of 1956, as amended by section 13 of Act 21 of 1963, section 2 of Act 101 of 1977 and section 9 of Act 5 of 1981 8.
"(d) if the explosion is negligently caused and death results, he shall be liable on conviction to a fine not exceeding four thousand rand or in default of payment to imprisonment for a period not exceeding four six years or to such imprisonment without the option of a fine. ".
Amendment of section 30 of Act 26 of 1956, as amended by section 16 of Act 21 of 1963, section 6 of Act 35 of 1975 and section 46 of Act 97 of 1986 9.
"(2) Regulations made under subsection (1) may provide penalties for a contravention thereof or failure to comply therewith not exceeding in any case a fine of six hundred rand R3 000, or in default of payment imprisonment for a period of two years, and the regulations may further provide that the explosive, if any, in respect of which the contravention or non-compliance has taken place may be forfeited.".
This Act shall be called the Explosives Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.15368En.2012-02-10.en.txt</fn>
No. 180 of 1993: Health and Welfare Matters Second Amendment Act, 1993.
To amend the Medicines and Related Substances Control Amendment Act, 1991, so as to provide for the keeping and supply of medicine by nurses; and to further provide for the commencement of certain sections thereof; to amend the Social Assistance Act, 1992, so as to rectify textual errors; and to provide for incidental matters.
Substitution of section 9 of Act 94 of 1991 1.
21 of Act 65 of 1974 and amended by section 9 of Act 17 of 1979 9.
a person employed by a manufacturer or wholesale dealer in pharmaceutical products, and authorized thereto in writing by that manufacturer or dealer, to any medical practitioner, dentist, pharmacist, or veterinarian, nurse or practitioner on the prescribed conditions; or a veterinary assistant and veterinary nurse referred to in the Veterinary and Para-Veterinary Professions Act, 1982 (Act No. 19 of 1982), upon a written prescription issued by a veterinarian for the treatment of a particular patient.
The Minister may, on the recommendation of the council, by regulation prescribe a medicine or substance or category of medicine or substance which no person shall acquire, use, have in his possession, manufacture or import unless a permit for such acquisition, use, possession, manufacture or import has been issued to him by the Director-General subject to prescribed conditions and any other condi tions specified in the permit.
A regulation referred to in subsection (2) may prohibit or prescribe measures to control the acquisition, import, collection, cultivation, keeping or export of any plant or substance from which any substance or medicine referred to in subsection (2) can be extracted, derived, produced or manufactured.
The Minister may by notice in the Gazette after consultation with the council and the South African Pharmacy Council referred to in section 2 of the Pharmacy Act, 1974, grant a person or organization or group or category of persons or organizations exemption to the extent and subject to the conditions as prescribed by regulation or specified in the notice, from the provisions of subsection (1); and in like manner amend or withdraw any such notice.'
Amendment of section 29 of Act 94 of 1991, as substituted by section 11 of Act 118 of 1993 2.
Sections 1(d), (n) and (m) 9, 16(c) up to and including (h), 19, 21, 23, 24 and 25 shall be deemed to have come into operation on 12 July 1991 come into operation on a date fixed by the State President by proclamation in the Gazette.; and by the deletion of subsection (2).
Amendment of section 2 of Act 59 of 1992, as amended by section 15 of Act 118 of 1993 3.
Amendment of section 17 of Act 118 of 1993 4.
"(b) Sections 13, 114, and 15 and 16 of this Act shall come into operation on the same date as the date on which the Social Assistance Act, 1992 (Act No. 59 of 1992), comes into operation.".
This Act shall be called the Health and Welfare Matters Second Amendment Act, 1993.
<fn>GOV-ZA.15369En.2012-02-10.en.txt</fn>
No. 181 of 1993: Occupational Health and Safety Amendment Act, 1993.
To amend the Occupational Health and Safety Act, 1993, so as to define certain expressions; to further regulate the constitution of the Advisory Council for Occupational Health and Safety; to further regulate the duty not to interfere with or misuse things; to further regulate the appointment and functions of health and safety representatives; to delete the proviso in regard to certain deductions; to provide that an employee must be informed of an occupational disease which he has contracted; and to further regulate the prohibition on victimization; and to provide for matters connected therewith.
(Assented to 14 December 1993.
Amendment of section 1 of Act 85 of 1993 1.
"'employers' organization' means an employers' organization as defined in section 1 of the Labour Relations Act, 1956 (Act No.
"'trade union' means a trade union as defined in section 1 of the Labour Relations Act, 1956 (Act No. 28 of 1956);".
Amendment of section 4 of Act 85 of 1993 2.
Substitution of section 15 of Act 85 of 1993 3.
No person shall intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health or safety.
Amendment of section 17 of Act 85 of 1993 4.
(2) An employer and the representatives of his employees recognized by him or their, where there are no such representatives, the employees shall consult in good, faith regarding the arrangements and procedures for the nomination or election, period of office and subsequent designation of health and safety representatives in terms of subsection (1): Provided that if such consultation fails, the matter shall be referred for arbitration to an inspector, whose decision shall be final a person mutually agreed upon, whose decision shall be final: Provided further that if the parties do not agree within 14 days on an arbitrator, the employer shall give notice to this effect in writing to the President of the Industrial Court, who shall in consultation with the chief inspector designate an arbitrator, whose decision shall be final.
(Act No. 42 of 1965), and a failure of the consultation contemplated in that subsection shall not be deemed to be a dispute in terms of the Labour Relations Act, 1956 (Act No. 28 of 1956): Provided that the Minister may prescribe the manner of arbitration and the remuneration of the arbitrator designated by the President of the Industrial Court.
Amendment of section 18 of Act 85 of 1993 5.
participate in any internal health or safety audit.
Substitution of section 23 of Act 85 of 1993 6.
No employer shall in respect of anything which he is in terms of this Act required to provide or to do in the interest of the health or safety of an employee, make any deduction from any employee's remuneration or require or permit any employee to make any payment to him or any other person Provided that where an employee intentionally causes loss of or damage to health or safety equipment, his employer may, after a proper investigation, recover such loss or damage from that employee.
Substitution of section 25 of Act 85 of 1993 7.
Any medical practitioner who examines or treats a person for a disease described in the Second Schedule to the Workmen's Compensation Act, 1941 (Act No. 30 of 1941), or any other disease which he believes arose out of that person's employment, shall within the prescribed period and in the prescribed manner report the case to the person's employer and to the chief inspector, and inform that person accordingly.
Amendment of section 26 of Act 85 of 1993 8.
"(2) No employer shall unfairly dismiss an employee, or reduce the rate of his remuneration, or alter the terms or conditions of his employment to terms or conditions less favourable to him, or alter his position relative to other employees employed by that employer to his disadvantage, by reason of the information that the employer has obtained regarding the results contemplated in section 12(2) or by reason of a report made to the employer in terms of section 25.".
This Act shall be called the Occupational Health and Safety Amendment Act, 1993, and shall come into operation on 1 January 1994.
<fn>GOV-ZA.15371En.2012-02-10.en.txt</fn>
Government Gazette 15371 STATE PRESIDENT'S OFFICE No. 2473. 29 December 1993 It is hereby notified that the Acting State President has assented to the following Act which is hereby published for general information: No. 183 of 1993: Police Third Amendment Act, 1993. GENERAL EXPLANATORY NOTE: Words in italics indicate insertions in existing enactments.
To amend the Police Act, 1958, so as to further regulate the suspension of members of the Force; and to empower the Minister of Law and Order to make regulations with regard to the transfer of members of municipal police units to other posts in the Force; and to provide for matters connected therewith.
Amendment of section 14 of Act 7 of 1958, as amended by section 5 of Act 74 of 1967 and section 9 of Act 87 of 1991 1.
Force or to retain his rank is being investigated, and such member shall be so suspended for any period during which he is under arrest or detention or is serving a term of imprisonment, but shall not by reason of such suspension cease to be a member of the Force.
and in the case of any other member, to the Commissioner, for the termination of his suspension.
The Minister or the Commissioner, as the case may be, shall within seven days after receipt of the member's representations, decide on the representations and shall, where the representations are rejected, in writing inform the member of the decision, stating the reasons for the decision.
The suspension of a member shall not be terminated merely by reason of the fact that the member has in terms of paragraph (a) submitted representations regarding the termination thereof.
Amendment of section 33 of Act 7 of 1958, as amended by section 8 of Act 53 of 1961, section 19 of Act 64 of 1964, section 1 of Act 80 of 1970, section 5 of Act 94 of 1972, section 1 of Act 47 of 1981, section 46 of Act 97 of 1986, section 6 of Act 8 of 1988, section 3 of Act 75 of 1989, section 3 of Act 76 of 1989, section 13 of Act 87 of 1991, section 1 of Act 16 of 1993 and section 3 of Act 136 of 1993 2.
"(a) the enrolment, training, promotion, posting, transfer, including the transfer from one post in a municipal police unit to another post in any such unit or to any other post in the Force, and from one municipal police unit to any other municipal police unit, leave of absence, resignation, discharge, dismissal, suspension or reduction in rank of members of the Force;".
This Act shall be called the Police Third Amendment Act, 1993, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.15372En.2012-02-10.en.txt</fn>
No. 184 of 1993: Second Finance Act, 1993.
To charge the State Revenue Account, the Account for Provincial Services: Cape, the Account for Provincial Services: Natal and the Account for Provincial Services: Transvaal with certain unauthorized expenditure and to authorize other expenditure; to take transitional financial measuresso as to facilitate the transfer of funds between accounts of the State Revenue Fund whenever own affairs matters are reclassified as general affairs matters; to provide for interim expenditure in the 19941995 financial year for those matters; to provide for the apportionment of fundsappropriated and to specify certain authorizations on the receipts side of the appropriation account; to delete an obsolete provision; and to provide for matters connected therewith.
(Afrikaans text signed by the Acting State President.) (Assented to 14 December 1993.
The State Revenue Account is hereby charged with the amount of R65 603,30 to defray certain expenditure over and above the amounts appropriated for the service of the Republic for the financial year which ended on 31 March 1986.
The expenditure referred to in subsection (1) is set forth in Schedule 1 and is more fully described in paragraph 5.A on pages 16 and 17 of the Report of the Auditor-General on the Appropriation and MiscellaneousAccounts in respect of General Affairs for 1991-92 [RP 148-1992], which hasbeen submitted to Parliament, and in the Second and Third Reports of the Joint Committee on Public Accounts, 1993.
The State Revenue Account is hereby charged with the amount of R9 510 628,16 to defray certain expenditure over and above the amounts appropriated for the service of the Republic for the financial year which ended on 31 March 1987.
The expenditure referred to in subsection (1) is set forth in Schedule 1 and is more fully described in paragraph 7 on page 27 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of General Affairs for 1989-90 [RP 103-1990] and in paragraph 5. A on page 17 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of General Affairs for 1991-92 [RP 148-1992], which have been submitted to Parliament, and in the Third Report of the Joint Committee on Public Accounts, 1993.
The State Revenue Account is hereby charged with the amount of R656 538,29 to defray certain expenditure over and above the amounts appropriated for the service of the Republic for the financial year which ended on 31 March 1988.
The State Revenue Account is hereby charged with the amount of R4 728,80 to defray certain expenditure over and above the amounts appropriated for the service of the Republic for the financial year which ended on 31 March 1989.
The expenditure referred to in subsection (1) is set forth in Schedule 1 and is more fully described in paragraph 5.A on page 17 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of General Affairs for 1991-92 [RP 148-1992], which hasbeen submitted to Parliament, and in the Third Report of the Joint Committee on Public Accounts, 1993.
The State Revenue Account is hereby charged with the amount of R6 599 138,91 to defray certain expenditure over and above the amounts appropriated for the service of the Republic for the financial year which ended on 31 March 1990.
The expenditure referred to in subsection (1) is set forth in Schedule 1 and is more fully described in paragraph 7 on page 27 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of General Affairs for 1989-90 [RP 103-1990) and in paragraph 5.A on page 17 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of General Affairs for 1991-92 [RP 148-1992], which have been submitted to Parliament, and in the First and Third Reports of the Joint Committee on Public Accounts, 1993.
The State Revenue Account is hereby charged with the amount of R798 576,02 to defray certain expenditure over and above the amounts appropriated for the service of the Republic for the financial year which ended on 31 March 1992.
The expenditure referred to in subsection (1) is set forth in Schedule 1 and is more fully described in paragraph 5.A on page 17 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of General Affairs for 1991-92 [RP 148-1992], which hasbeen submitted to Parliament, and in the First and Third Reports of the Joint Committee on Public Accounts, 1993.
The Account for Provincial Services: Cape is hereby charged withthe amount of R15 231 005,29 to defray certain expenditure over and above the amounts appropriated for the service of the province of the Cape of Good Hope for the financial year which ended on 31 March 1992.
The expenditure referred to in subsection (1) is set forth in Schedule 2 and is more fully described in paragraph 6 on page 5 of the Report of the Auditor-General on the Accounts of the Provincial Administration of the Cape of Good Hope for 1991-92 [RP 88-1993], which hasbeen submitted to Parliament, and in the Third Report of the Joint Committee on Provincial Accounts, 1993.
The Account for Provincial Services: Natal is hereby charged with the amount of R5 596 808,39 to defray certain expenditure over and above the amounts appropriated for the service of the province of Natal forthe financial year which ended on 31 March 1992.
The expenditure referred to in subsection (1) is set forth in Schedule 3 and is more fully described in paragraph 11 on page 399 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of General Affairs for 1991-92 [RP 148-1992] and in paragraph 6 on page 4 of the Report of the Auditor-General on the Accounts of the Provincial Administration of Natal for 1991-92 [RP 50-1993], which have been submitted to Parliament, and in the Third Report of the Joint Committee on Public Accounts, 1993.
The Account for Provincial Services: Transvaal is hereby chargedwith the amount of R45 671 311,22 to defray certain expenditure over and above the amounts appropriated for the service of the province of Transvaalfor the financial year which ended on 31 March 1992.
The expenditure referred to in subsection (1) is set forth in Schedule 4 and is more fully described in paragraph 6 on pages 5 and 6 of the Report of the Auditor-General on the Accounts of the Provincial Administration of the Transvaal for 1991-92 [RP 82-1993], which has been submitted to Parliament, and in the Third Report of the Joint Committee on Provincial Accounts, 1993.
The expenditure of R21 549,92 incurred by South African DefenceForce, and more fully described in paragraph 5.A on page 17 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of General Affairs for 1991-92 [RP 148-1992], which has been submitted to Parliament, and in the Second Report of the Joint Committee onPublic Accounts, 1993, is hereby authorized.
The expenditure of R321 000 000 incurred by the Department of Transport, and more fully described in paragraph 3 on page 156 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of General Affairs for 1991-92 [RP 148-1992], which hasbeen submitted to Parliament, and in the Third Report of the Joint Committee on Public Accounts, 1993, is hereby authorized.
The expenditure of R1 295 440 incurred by the former South African Development Trust, in respect of which the liability was transferred to theDepartment of Regional and Land Affairs, and which is more fully described in paragraph 14 on page 326 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of General Affairs for 1988-89 [RP 89-1989] and in paragraph 11 on page 399 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts, in respectof General Affairs for 1991-92 [RP 148-1992], which have been submitted to Parliament, and in the Third Report of the Joint Committee on Public Accounts, 1993, is hereby authorized.
The expenditure of R863 388 incurred by the former South African Development Trust, in respect of which the liability was transferred to theProvincial Administration of the Orange Free State, and which is more fullydescribed in paragraph 11 on page 399 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of General Affairs for 1991-92 [RP 148-1992], which has been submitted to Parliament, and in the Third Report of the Joint Committee on Public Accounts, 1993, ishereby authorized.
The expenditure of R1 190 000 incurred by the Department of National Health and Population Development, and more fully described in paragraph 5.A on page 18 and paragraph 1 on page 165 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of General Affairs for 1991-92 [RP 148-1992], which has been submitted to Parliament, and in the Third Report of the Joint Committee on Public Accounts, 1993, is hereby authorized.
The expenditure of R100 000 incurred by the Administration: House of Representatives, and more fully described in paragraph 6(2)(ii) on pages5 and 6 of the Report of the Auditor-General on the Appropriation and Miscellaneous Accounts in respect of the Administration: House ofRepresentatives for 1990-91 and Supplementary Report for 1989-90 [RP 88- 1992], which has been submitted to Parliament, and in the Second Report of the House Committee on Public Accounts (House of Representatives), 1992, and in the Report of the House Committee on Public Accounts (House of Representatives), 1993, is hereby authorized.
The expenditure of R2 547 505,96 incurred by the Provincial Administration of the Orange Free State, and more fully described in paragraph 2 on page 4 of the Report of the Auditor-General on the Accounts of the Provincial Administration, Orange Free State, for 1991-92 [RP 79- 1993], which has been submitted to Parliament, and in the Third Report of the Joint Committee on Provincial Accounts, 1993, is hereby authorized.
The expenditure of R246 241 incurred by the Provincial Administration of the Transvaal, and more fully described in paragraph 6 onpage 6 of the Report of the Auditor-General on the Accounts of the Provincial Administration of the Transvaal for 1991-92 [RP 82-1993], which has been submitted to Parliament, and in the Second Report of the Joint Committee on Provincial Accounts, 1991, and in the Third Report of the Joint Committee on Provincial Accounts, 1993, is hereby authorized.
11.(1) If a specific own affairs matter in respect of which any moneys referred to in section 4(1)(b) of the Exchequer Act, 1975 (Act No. 66 of 1975), were appropriated in the 1993-94 financial year as a charge against the relevant account, is reclassified during that financial year as a general affairs matter, such moneys shall be deemed to have been appropriated as a charge against an account referred to in section 2(1)(a) or 2(1)(c) of that Act, as determined by the Department of State Expenditure and so allocated to a vote.
For the purposes of the proviso to section 4(1) of the Exchequer Act, 1975, the provisions of subsection (1) shall for the 1994-95 financialyear apply mutatis mutandis.
Portions of the moneys referred to in section 4(1)(a) of the Exchequer Act, 1975, appropriated during the 1993-94 financial year on the vote: Improvement of conditions of service of the account referred to in section 2(1)(a) of that Act, may be allocated by the Department of State Expenditure to a vote: Improvement of conditions of service of an account referred to in section 2(1)(b) or 2(1)(c) of that Act, as the case may be, and such portions shall be deemed also to have been appropriated as a charge against such account.
For the purposes of section 14(2) of the Exchequer Act, 1975, in respect of the 1993-94 financial year, any amount authorized under section 7 of that Act by the responsible Minister for utilization and which immediately before the close of books has not been included in anadjustment estimate for that financial year, shall also be specified on thereceipts side of the appropriation account.
For the purposes of subsections (1), (2), (3) and (4) thedefinitions contained in subsection 1(1) of the Exchequer Act, 1975, shall apply.
Amendment of section 25 of Act 11 of 1977, as amended by section 8 of Act 109 of 1990 12. (1) Section 25 of the Finance and Financial Adjustments Acts Consolidation Act, 1977, is hereby amended by the deletion of subsection (2).
Subsection (1) shall be deemed to have come into operation on 2 September 1991.
This ACC shall be called the Second Finance Act, 1993.
<fn>GOV-ZA.15374En.2012-02-10.en.txt</fn>
To amend the Businesses Act, 1991, so as to amend a certain definition; to make further provision regarding the grounds on which applications for certain licences may be refused; to further regulate the obligation of a licensing authority to furnish reasons for certain decisions; to further regulate the power of an Administrator to make regulations; and to empower a local authority to make by-laws regarding the carrying on of the business of street vendor, pedlar or hawker; to amend certain laws; and to provide for matters connected therewith.
Amendment of section 1 of Act 71 of 1991 1.
" 'regulation' means a regulation made by an Administrator under section 6(1) or 6A(4)(a)(i);".
Amendment of section 2 of Act 71 of 1991 2.
"(ii) any apparatus, equipment, storing storage space, working surface, structure, vehicle, conveyance or any other article or place used for or in connection with the preparation, handling or sale of foodstuffs, does not comply with a requirement of a law relating to the health of the public."
inform the applicant or licence holder concerned in writing of his right of appeal under section 3.
Amendment of section 6 of Act 71 of 1991 3.
formal requirements regarding the making, approval and promulgation of such by-laws.
(4) (a) The Administrator shall, not less than three months one month before promulgating a regulation under subsection (1), or a notice under subsection (1)(b)(iv)(aa) or (ee) cause a draft of the regulation or notice to be published in the Official Gazette, together with a notice declaring his intention to issue such a regulation or notice and inviting interested persons to furnish him with comments thereon or representations in connection therewith.
If the Administrator determines upon any alteration on a draft regulation or notice so published, as a result of comments or representations furnished to him in respect thereof, it shall not be necessary to publish the alteration in terms of this subsection before the amended draft is promulgated as a regulation or notice.
"(i) in terms of this Act or in terms of a by-law contemplated in subsection (1)(c)(i) section 6A(1); and".
The regulations made by the Administrator of the Cape of Good Hope under section 6(1)(b) of the Businesses, Act, 1991 (Act No.
outside such an area, be deemed to have been made under section 6A(4)(a)(i) of the said Act, and shall remain in force until amended or repealed by the local authority or Administrator concerned under the said subsection 6A(1) or (4) (a) (i), as the case may be.
Insertion of section 6A in Act 71 of 1991 4.
on a verge as defined in section 1 of the Road Traffic Act, 1989 (Act No.
a building declared to be a national monument under the National Monuments Act, 1969 (Act No.
on that half of a public road contiguous to a building used for residential purposes, if the owner or person in control or any occupier of the building objects thereto.
impose a restriction or requirement in relation to a street vendor, pedlar or hawker that is not in terms of any other by law or regulation of the local authority concerned imposed in relation to a person carrying on business in the same goods and services on fixed premises: Provided that this subpara graph shall not prevent the making of a by-law which is necessitated by reason of the business concerned being carried on elsewhere than on fixed premises.
protect any person against trade competition, except to the extent contemplated in paragraph (a)(iii)(ee).
which he finds at a place wherein terms of a by-law under subsection (1)(a)(ii) or (iii), the carrying on of such business is restricted or prohibited and which, in his opinion, constitutes an infringement of such by- law, whether or not such goods, receptacle, vehicle or movable structure is in the possession or under the control of any person at the time of such removal or impoundment.
A local authority may, subject to the provisions of paragraphs (b) up to and including (j), by resolution declare any place in its area of jurisdiction to be an area in which the carrying on of the business of street vendor, pedlar or hawker may be restricted or prohibited.
A motion that steps be taken to declare an area under this subsection shall be dealt with at a meeting of the local authority.
more effective supervision or control in that area, including negotiations with any person carrying on in that area the business of street vendor, pedlar or hawker or their representatives, will make such declaration unnecessary; and the intended restriction or prohibition will drive out of business a substantial number of street vendors, pedlars or hawkers.
If such a motion is adopted the local authority shall cause a plan to be prepared showing the position of the area concerned.
On completion of the said plan the local authority shall cause to be published in a newspaper circulating in the area of jurisdiction of that local authority, a notice setting out its intention to effect the restriction or prohibition concerned as well as its reasons therefor, stating that the said plan is open for inspection at a place and during the hours mentioned in the notice and calling upon any person who has any objection to the intended restriction or prohibition to submit in writing to the local authority within a period mentioned in the notice, which period shall not be shorter than 21 days following the day upon which the notice appeared in the newspaper, such objection or objections.
The local authority shall, at least 21 days before the last day on which objections may be submitted in terms of such notice, cause a copy of the said notice to be displayed at a suitable place in or near the area concerned.
The local authority shall consider every objection submitted in terms of paragraph (e) or (f) and may thereafter resolve on the declaration of the area concerned.
The local authority shall cause the declaration to be published in the Official Gazette, and such declaration shall take effect on the date of such publication.
The local authority shall forthwith after the publication referred to in paragraph (h), submit to the Administrator a copy of the plan of the area, the notice published in the newspaper in terms of paragraph (e), the notice published in the Official Gazette in terms of paragraph (h) and all objections received, together with its comments thereon.
The Administrator may within a period of 60 days after such submission and after consultation with the local authority concerned, by notice in the Official Gazette amend or revoke the declaration concerned.
Notwithstanding the provisions of section 17C(2) of the Promotion of Local Government Affairs Act, 1983 (Act No. 91 of 1983), a local authority shall not authorize any committee of, or any officer or employee in the service of, the local authority to perform any duty assigned to the local authority by or under paragraph (b), (c) or (g).
by agreement let or otherwise allocate any stand or area demarcated under paragraph (b)(i) or otherwise established for such purposes.
Different regulations may be made under paragraph (a)(i) in respect of different areas.
After the Administrator has made such declaration, he shall cause it to be published in the Official Gazette, and such declaration shall take effect on the date of such publication.
by agreement let or otherwise allocate any stand or area demarcated under subparagraph (iv) or otherwise established for such purposes.
Amendment of Schedule 1 to Act 71 of 1991 5.
"(2) For the purposes of subitem (1) 'perishable foodstuff' means any foodstuff or category of foodstuffs declared by the Minister an Administrator by notice in the Official Gazette to be a perishable foodstuff in the province concerned for the purposes of this item.".
The laws specified in the Schedule are hereby repealed or amended to the extent indicated in the third column thereof.
until the date on which such by-laws or regulations are repealed or substituted by by-laws or regulations made under section 6A of the Businesses Act, 1991 (Act No. 71 of 1991), by the local authority or Administrator concerned; or until a date six months after the commencement of this Act, whichever is the earlier date.
This Act shall be called the Businesses Amendment Act, 1993.
Ordinance Licences and The amendment of section 45 No. 11 of 1973 Business Hours by the deletion of paragraph (f) of subsection (1).
The amendment of section amendment of section 266 by the deletion in subsection (1) of subparagraph (viii) of paragraph (u).
The amendment of section 146 by the deletion of deletion of subsection (19).
and (o) of subsection (1).
The repeal of section 65.
The amendment of section 79 by the deletion of paragraph (g) of subsection (14).
The amendment of section 80 by the deletion of subsection (73).
The amendment of section 61 by the deletion of paragraph (k) of subsection (1).
The amendment of section 63 by the deletion of paragraph (b) of subsection (1).
Ordinance No.
<fn>GOV-ZA.15375En.2012-02-10.en.txt</fn>
Government Gazette 15375 STATE PRESIDENT'S OFFICE No. 2477. 29 December 1993 It is hereby notified that the Acting State President has assented to the following Act which is hereby published for general information:- No. 187 of 1993: Regional Industrial Development Act, 1993.
To establish the Regional Industrial Development Board; to provide for the establishment of programmes for regional industrial development; and to provide for matters incidental thereto.
"programme" means any programme established under section 10 or deemed to have been so established.
There is hereby established a juristic person to be known as the Regional Industrial Development Board.
nine members designated by the Minister who in his opinion have adequate expertise, knowledge or experience with regard to trade, industry or the economy, as well as the developmental problems and potential of the Republic, to represent and promote the interests of the inhabitants of the Republic.
The Minister may, before designating the members referred to in paragraph (c) of subsection (2), consult any organization or body which in his opinion represents the interests referred to in that paragraph.
The Board may appoint an Executive Committee, consisting of the Chairman and not more than two members designated by the Board from the members referred to in section 2(2)(c), to perform such functions as the Board may from time to time determine.
The Chairman shall act as chairman of the Executive Committee.
Any resolution taken by the Executive Committee shall be subject to ratification by the Board at the next ensuing meeting of the Board.
The objects of the Board shall be to promote industrial growth by way of incentives or concessions with due regard to regional requirements within the framework of the economic policy of the Republic.
The Board shall formulate recommendations on policy in respect of all regional industrial development programmes and shall submit such recommendations to the Minister for approval.
The Board may with the approval of the Minister, and shall, by direction of the Minister, develop, manage, administer and implement any regional industrial development programme established in terms of section 10 or deemed to have been so established, including any matter referred to in section 21ter of the Income Tax Act, 1962 (Act No.
determine the basis on which incentives or concessions may be paid in terms of a programme.
before the end of March each year submit to the Minister a report in respect of its activities during the previous year.
grant, amend or withdraw any incentive or reduced incentive in accordance with a Board resolution in that regard: Provided that for such purposes the Board shall be bound by the provisions of the programme in question and any relevant directives and guidelines issued by the Cabinet: Provided further that the provisions of subsection (2)(c) shall mutatis mutandis apply in respect of any such grant, amendment or withdrawal.
at all times remain objective and neutral during the proceedings of the Board.
If a member of the Board is unable to attend a Board meeting, such member shall before or on the date of any such meeting inform the Secretary of the Board of his absence: Provided that if a member of the Board is absent for three consecutive meetings without a reason acceptable to the Chairman, the Chairman may request the Minister to relieve such member from office in terms of subsection (3)(c).
The Minister may appoint an alternate member for each member of the Board, excluding the Chairman, and for the purposes thereof the provisions of section 2(2) and (3) shall apply mutatis mutandis.
An alternate member shall by direction of the member concerned, attend meetings of the Board on behalf of such member, and for the purposes thereof the provisions of subsections (1) and (3) and section 12 shall apply mutatis mutandis.
A member of the Board shall remain in office for such period and subject to such conditions as the Minister may determine and may be reappointed after his term of office has expired.
If a member of the Board dies, resigns or is relieved from office in terms of paragraph (c) before the expiration of the period for which he was appointed, the Minister may, subject to the provisions of section 2(2) and (3), appoint a person to fill the vacancy for the unexpired portion of the period for which such member was appointed.
The Minister may relieve any member of the Board from office if in his opinion there are sound reasons therefor.
Each member of the Board or a committee of the Board, including alternate or co-opted members, but excluding members in the full-time employment of the State, may be paid such salary, other remuneration and allowances as the Minister, with the concurrence of the Minister of State Expenditure, may determine from time to time.
The first meeting of the Board shall be held on such date and at such time and place as the Minister may determine by notice in the Gazette, and subsequent meetings of the Board shall be held on such dates and at such times and places as the Board may determine from time to time: Provided that the Board shall meet at least four times every year.
Seven members of the Board shall form a quorum for a meeting thereof.
A resolution adopted by a majority of the members of the Board present at a meeting, constitutes a resolution of the Board.
No decision taken by the Board or act performed under authority of the Board shall be invalid by reason only of a temporary vacancy on the Board or of the fact that a person who is not entitled to sit as a member of the Board sat as a member at the time when the decision was taken or the act was authorized, if the decision was taken or the act was authorized by the requisite majority of the members of the Board who were present at the time and entitled to sit as members.
The Board shall elect one of its members as vice-chairman.
The Chairman or, in his absence, the vice-chairman shall preside at all meetings of the Board: Provided that should both the Chairman and the vice-chairman be absent from a meeting, the attending members shall nominate one of their number as acting chairman for that meeting.
Minutes of all Board meetings shall be kept and submitted to the subsequent meeting of the Board for approval.
The Chairman of the Board may on the recommendation of the Board nominate one or more committees, which shall, subject to the instructions of the Chairman, perform such functions as the Board may determine.
A committee may consist of members of the Board or of such members and any other person or persons.
Provided that any action or decision taken by three or fewer of such members under such delegated authority shall be ratified by the Board.
The fact that a power or duty has been delegated under subsection (1), does not prohibit the Board from exercising such power or performing such duty itself.
In order to promote and support regional growth and development within the framework of the economic policy of the Republic, the Minister may, taking into account regional needs, on the recommendation of the Board and with the concurrence of the Cabinet, by notice in the Gazette establish, amend, revoke or substitute a programme for regional industrial development in terms of which assistance from funds appropriated annually by Parliament for this purpose, may be granted to industrialists by way of incentives or concessions.
set out the objects of the programme; and in general, make provision for any other matter which in his opinion is necessary or expedient in order to promote or attain the objects of the programme: Provided that paragraph (a) shall not be so construed as to limit the generality of this paragraph.
The Regional Industrial Development Programme of 1982, the Regional Industrial Development Programme of 1991 and the Simplified Regional Industrial Development Programme of 1993 shall be deemed to have been instituted under the provisions of this Act and to be in force as such.
The Director-General may at the request of the Chairman appoint in writing an officer of the Department or, with the approval of the Minister, any other person as an investigating officer for the purposes of this Act.
investigate any matter assigned to him by the Director-General at the request of the Board and which is necessary for the promotion of the objects of this Act.
An investigating officer appointed under subsection (1), may on presentation of his written appointment referred to in subsection (1), for the purposes of such investigation and, without prior notice enter any premises at any reasonable time and confiscate any commodity, book, record, fixed asset, raw material, stock, finished product or other article connected with the investigation.
The provisions of sections 6(4) and 12 shall apply mutatis mutandis to investigating officers.
with the approval of the Board.
Any person who contravenes subsection (1) shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding 12 months.
Any agreement entered into in accordance with a programme before the commencement of this Act by a board with functions similar to those of the Board established under this Act or by the Department, as the case may be, in respect of assistance by means of incentives or concessions, and any other arrangements made by virtue of such an agreement, shall be deemed to have been entered into and made under the provisions of this Act.
The secretarial work connected with the functions of the Board shall, subject to the directives of the Chairman or any other member of the Board designated by the Board, be performed by officers of the Department designated by the Director-General.
The Director-General shall appoint one of the officers referred to in subsection (1) as Secretary' of the Board.
The Minister may issue regulations regarding any matter which shall or may be prescribed in terms of this Act, and, in general, with regard to any other matter which he deems it necessary or expedient to prescribe in order to achieve or promote the objects of this Act.
This Act shall be called the Regional Industrial Development Act, 1993.
<fn>GOV-ZA.153bulletinEn.2012-02-10.en.txt</fn>
READING OUT OF BID PRICES Henceforth, only the prices of bids in the building, civil, mechanical and electrical works categories will be disclosed on request at the time of opening of bids. a Tender submission results are read out to the public immediately after closure. b No submission results will be faxed, emailed or made available telephonically by any of the Tender offices. c Suppliers interested in the results, should arrange a representative or should attend the public reading directly after tender closures.
Cost of document: R100.
Compulsory Briefing session: Date: 23 January 2009 Time: 10:00 Venue: Riverside Government Complex, Nelspruit, Building No.
Compulsory Briefing session: Date: 20 January 2009 Time: 10:00 Venue: Riverside Government Complex, Nelspruit, Building No.
Compulsory Briefing session: Date : 28 January 2009 Time: 10:00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing session: Date : 28 January 2009 Time: 11:00 Venue: Riverside Government Complex, Building No.
<fn>GOV-ZA.153idpanalysisinductiondocutsEn.2012-02-10.en.txt</fn>
contain any other information required to be included in such a notification to creditors pursuant to the law of this State the Republic and the orders of the court.
a certificate from the foreign court affirming the existence of the foreign proceeding and of the appointment of the foreign representative; or in the absence of evidence referred to in subparagraphs (a) and (b), any other evidence acceptable to the court of the existence of the foreign proceeding and of the appointment of the foreign representative.
The court may require a translation of documents supplied in support of the application for recognition into an official language of this State the Republic.
In the absence of proof to the contrary, the debtor's registered office, or habitual residence in the case of an individual, is presumed to be the centre of the debtor's main interests.
as a foreign main proceeding if it is taking place in the State where the debtor has the centre of its main interests; or as a foreign non-main proceeding if the debtor has an establishment within the meaning of article section 2(f) in the foreign State.
The court may refuse to grant relief under this article section if such relief would interfere with the administration of a foreign main proceeding.
The court may subject relief granted under article section 19 or 21 to conditions it considers appropriate.
The court may, at the request of the foreign representative or a person affected by relief granted under article section 19 or 21, or at its own motion, modify or terminate such relief.
Upon recognition of a foreign proceeding, the foreign representative has standing to initiate [refer to the types of actions to avoid or otherwise render ineffective acts detrimental to creditors that are available in this State to a person or body administering a reorganization or liquidation] any legal action to set aside a disposition that is available to a trustee or liquidator under the laws of the Republic relating to insolvency.
Without prejudice to secured claims or rights in rem6, a creditor who has received part payment in respect of its claim in a proceeding pursuant to a law relating to insolvency in a foreign State may not receive a payment for the same claim in a proceeding under [identify laws of the enacting State relating to insolvency] the laws of the Republic relating to insolvency regarding the same debtor, so long as the payment to the other creditors of the same class is proportionately less than the payment the creditor has already received.
<fn>GOV-ZA.154334En.2012-02-10.en.txt</fn>
Children under the age of 18 years who run away or are kicked out of their homes are urged to seek accommodation at any of the street children's shelters registered with the provincial Department of Social Development.
Short-term accommodation for children in need falls into three categories: shelters, homes and places of safety.
Shelters are for children who find themselves on the street after running away from a bad situation at home or being kicked out of home.
Children's homes are for children who have been removed from their family homes because they were being abused, neglected or exploited.
Places of Safety offer short-term care for both children who have been abused, neglected or exploited as well as children who have violated the law and are awaiting trial or an inquiry.
All children who seek accommodation at a shelter are assessed by a social worker. The social worker will then draw up an individual development plan.
After assessing the child's situation, the social worker will assess whether the child is a suitable candidate for reunification with his or her family of origin, or at least his or her community of origin. If the home situation seems too dangerous, the social worker may consider recommending that the child be taken into foster care.
<fn>GOV-ZA.154344En.2012-02-10.en.txt</fn>
The Victim Empowerment Programme aims to lessen the long-term impact of crime by proactively tending to the needs of all victims.
What is a victim?
What is victim empowerment?
How does the government plan to promote victim empowerment?
Where can all these victim empowerment services be accessed?
A victim is any person who suffered physical or psychological harm or economic loss because of the criminal acts of others.
The definition also includes people whose human rights were violated as a result of what someone - usually a person or a group of people in power - did or failed to do.
Victim empowerment refers to the idea that all people, not just professionals, have the skills and competencies they need to help others and themselves cope better with crime and violence.
By implication, this means that the fight against crime and against the effects of crime is everyone's responsibility.
Promoting partnerships between various state bodies, and between the state, non-government organisations, business, volunteers, religious bodies and academia to improve participation, co-operation and public awareness of crime-fighting initiatives and victim services.
Viewing crime as a social issue, not a security issue.
Crime prevention, rather than crime control.
The state and non-governmental organisations offer a number of services for the men, women and children who have been victims of crime and violence.
Observing national and international days such as International Women's Day (8 March), International Family Day (15 May), Youth Day (16 June) and National Women's Day (9 August).
The services and programmes listed above are mostly offered by non-profit organisations that either have government funding or are endorsed by government.
Where there is no link to follow, click here to download the Directory of Services to Victims of Violence, a comprehensive list of all the facilities that offer Victim Empowerment services, divided according to the type of service rendered.
<fn>GOV-ZA.154bulletinEn.2012-02-10.en.txt</fn>
Halfjaarliks (posvry) R149.
Seëls word nie aanvaar nie.
Proeflees moet hierdie kantoor teen Woensdag 12:00 bereik.
Kennisgewings wat volgens Wet in die Tenderbulletin geplaas moet word: R5,95 per sentimeter of deel daarvan, enkelkolom.
What is Schooling 2025?
Let's Sing for Madiba!
<fn>GOV-ZA.154pretationsEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2009/09042310051001.
Electoral Commission ready for elections 2009 0.
In Limpopo alone over 2,2 million citizens will be casting their votes at 174 voting stations. Members of the Executive Council (Exco) will also join the people of Limpopo by visiting different voting stations on the day. "We call upon the people of Limpopo to go out in their numbers to elect the government of their choice, for popular participation is the essence of democracy." said the Premier Mr Cassel Mathale.
URL: http://www.info.gov.za/speeches/2003/03082709461006.
URL: http://www.info.gov.za/speeches/2003/03082109091006.
<fn>GOV-ZA.155bulletinEn.2012-02-10.en.txt</fn>
Compulsory Briefing session: Date: 17 March 2009 Time: 10:00 Venue: Riverside Government Complex, Nelspruit, Building No.
In order to give all prospective suppliers of goods and services an equal opportunity to do business with the Department of Agriculture and Land Administration, the department hereby invites suppliers of goods and services to register their businesses in the department's database, the database registration shall remain open until 30 April 2009. Existing suppliers must re-apply to remain on the database. All suppliers are required to submit their portfolio for registration irrespective of whether they were previously registered in the Departmental Database or not. Suppliers need not register for more than 2 services.
Where to collect this document: Any of the Regional offices as listed on page 4 or the Provincial Head office: Mr Tom Borden: 013 766 8260 Alternatively send a request to tthobela@mpg.gov.
In order to give all prospective suppliers of goods and services an equal opportunity to do business with the Department of Health, the department hereby invites suppliers of goods and services to register their businesses in the department's database, the database registration shall remain open until 02 April 2009. Existing suppliers must re-apply to remain on the database. Suppliers need not register for more than 3 services.
In order to give all prospective suppliers, of goods and services an equal opportunity to do business with the Office of the Premier. The Office hereby invites suppliers of goods and services to register their businesses in the Office database. The database registration shall remain open until 31 March 2009. Existing suppliers must re-apply to remain on the Office's database. Services mainly required by the Office: Audio visual equipment & suppliers Catering Cleaning services Consultants Corporate Gifts Cutlery & Crockery Delivery & distribution services Electrical supplies Electronic equipment (excl. computers) Employment Agencies Event Management Furniture and fittings Groceries Interior decorations Newspapers, Magazines, Books & Journals Office equipment Photography Printing & Binding Printing Publications Promotional materials Stationery Training Venue and facilities Suppliers need not register for more than 2 services. Registration forms are also obtainable from the Office of the Premier. The application forms are free of charge. Suppliers should take note of the special conditions indicated in the application forms in order to ensure successful registration.
Where to collect this document: Any of the Regional offices as listed on page 4 or the Provincial Head office: Mr Tom Borden: 013 766 8260/8265/6339 Alternatively send a request to tthobela@mpg.gov.
<fn>GOV-ZA.155ppaeEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.155towardsamoreactivistparliatmorgagedwithcivilsocietyEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.156bulletinEn.2012-02-10.en.txt</fn>
Cost of document: R200.
Contact for Bid enquiries, technical or specifications: Ms NR Khoza: 013 766 3366 or Ms L.
Where to collect this document: Any of the Regional offices as listed on page 4 or the Provincial Head office: Mr Tom Borden: 013 766 8260/65 Alternatively send a request to tthobela@mpg.gov.
In order to give all prospective suppliers of goods and services an equal opportunity to do business with the Department of Health, the department hereby invites suppliers of goods and services to register their businesses in the department's database, the database registration shall remain open until 17 April 2009. Suppliers need not register for more than 3 services.
In order to give all prospective suppliers of goods and services an equal opportunity to do business with the Department of Culture, Sport and Recreation, the department hereby invites suppliers of goods and services to register their businesses in the department's database, the database registration shall remain open until 03 July 2009. Suppliers need not register for more than 3 services.
Where to collect this document: Any of the Regional offices as listed on page 4 or the Provincial Head office: Tom Borden: 013 766 8260/65 Alternatively send a request to tthobela@mpg.gov.
In order to give all prospective suppliers of goods and services an equal opportunity to do business with the Mpumalanga Provincial Department of Public Works, the department maintains a database of suppliers from which quotations will be sourced for departmental requirements 2009/2010. For administrative purposes the database for initial registration shall remain open until 20 May 2009. Thereafter the businesses may update on a quarterly basis. Late registrations will only be considered during the next quarterly updates, which will be end of June, end of September or end of December 2009. This must be kept in mind when attaching tax clearance certificates. Once a tax clearance has expired, the supplier's registration will be deactivated until such time that a new valid tax clearance has been submitted. Those who have applied previously are requested to re-apply. Suppliers will be allowed to register for a maximum of 3 services / commodities. The following documents must be attached to each application: Valid, original Tax clearance certificate Certificate of incorporation from the Registrar of Companies (CIPRO) Brief company profile, organogram and brochures Proof of accreditation / registration / dealerships / affiliation to relevant professional institutions or regulatory councils relevant to the type of service or commodity (e.g.
Where to collect this document: Any of the Regional offices as listed on page 4 or the Provincial Head office: Tom Borden: 013 766 8260 Alternatively send a request to tthobela@mpg.gov.
In order to give all prospective suppliers of goods and services an equal opportunity to do business with the Department of Economic Development and Planning, the department hereby invites suppliers of goods and services to register their businesses in the department's database, the database registration shall remain open until 26 May 2009. Suppliers need not register for more than 3 services.
In order to give all prospective suppliers of goods and services an equal opportunity to do business with the Department of Safety and Security, the department hereby invites suppliers of goods and services to register their businesses in the department's database, the database registration shall remain open until 27 May 2009. Suppliers need not register for more than 3 services.
RTT/104/08/MP Supply and Installation of pre-cast bus shelters in various villages of the local Municipality 04/09/2008 KBLT Trading and Sivuthumulilo White River Ehlanzeni R 1,708,499.
RTT/019/06/MP Roads Programme Management Services for the implementation of Roads Capital Construction and maintenance: Extension of Time 20/10/2008 Livelapanda Consortium Nelspruit Ehlanzeni R 420,249.
<fn>GOV-ZA.156cogta2010etEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.156handbookandtheframeworkforintegratedlocalgoverntEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.157844En.2012-02-10.en.txt</fn>
Burden of Disease Reduction Project: Final Report 2007: Volume 1 Overview and Executive Summaries (File type: pdf; size: 1.
Burden of Disease Reduction Project: Final Report 2007: Volume 2 Mortality Surveillance (File type: pdf; size: 1.
Burden of Disease Reduction Project: Final Report 2007: Volume 3 Major Infectious Diseases HIV TB (File type: doc; size: 4.
Burden of Disease Reduction Project: Final Report 2007: Volume 4 Mental Health Disorders (File type: pdf; size: 2.
Burden of Disease Reduction Project: Final Report 2007: Volume 5 Violent and Traffic Injury (File type: pdf; size: 1.
<fn>GOV-ZA.15791103En.2012-02-10.en.txt</fn>
Under the powers vested in me by section 237 (3) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), I hereby replace the laws on public services with the law as set out in the Schedule. Given under my Hand and the Seal of the Republic of South Africa at Pretoria this First day of June, One thousand Nine hundred and Ninety-four.
Minister of the Cabinet.
To provide for the organisation and administration of the public service of the Republic, the regulation of the conditions of employment, terms of office, discipline, retirement and discharge of members of the public service, and matters connected therewith.
"agreement" means an agreement as defined in section 1 of the Public Service Labour Relations Act, 1993 (Act No.
"Commission Act" means the Public Service Commission Act, 1984 (Act No.
"Constitution" means the Constitution of the Republic of South Africa, 1993 (Act No.
the Minister of Finance or a duly authorised officer in the Depart- ment of State Expenditure; or the member of an Executive Council of a province responsible for the treasury function in that province, or a duly authorised officer in a provincial administration, as the case may be.
Any reference in this Act to a reduction in a scale of salary or salary, in relation to an officer, shall be construed as including a reference to the application of a scale of salary which is lower than the scale previously applied as regards the maximum of the scale, or to a salary which is lower in comparison with a salary which would have applied at any time prior to that reduction, as the case may be, and a reference in that connection to a reduction in grade or to a grade being lower than another grade shall be construed correspondingly.
Except in so far as this section provides otherwise and except where it is inconsistent with the context or clearly inappropriate, the provisions of this Act shall apply to or in respect of officers and employees whether they are employed within or outside the Republic, and in respect of persons who were employed in the public service or who are to be employed in the public service.
Where persons employed in the services or state educational institutions are not excluded from the provisions of this Act, those provisions shall apply only in so far as they are not contrary to the laws governing their employment.
Where persons employed in the National Intelligence Services are not excluded from the provisions of this Act, those provisions shall apply only in so far as they are not contrary to the laws governing their service, and those provisions shall not be construed as derogating from the powers or duties conferred or imposed upon the National Intelligence Services.
The provisions of this Act shall not apply in respect of the employment by the State of persons whose appointment, remuneration and other conditions of service may, in terms of any law, be made or determined by an executing authority or other person without the recommendation of the Commission first having been obtained.
All posts established in terms of a law repealed by this Act and existing immediately before the commencement of this Act, and all authorisations for employment of persons additional to such posts issued in terms of such a law and in force immediately before such commencement, shall save where clearly inappropriate, be deemed to have been established or issued under this Act.
All persons who immediately before the commencement of this Act were, by virtue of a law repealed by this Act, officers or employees in an institution referred to in section 236 (1) of the Constitution, shall remain in employment and shall from that commencement be deemed, without break in service, to be officers or employees, as the case may be, and the provisions of this Act shall apply to or in respect of those officers or employees.
The Commission shall exercise the powers and perform the functions set out in this Act in respect of a province, except where, and to the extent to which the said powers and functions are exercised by a provincial service commission in terms of section 213 of the Constitution, subject to the norms and standards applying nationally as contemplated in that section.
The Commission shall in addition to the powers and functions entrusted to it in terms of section 21 0 of the Constitution have the powers and functions set out in this Act or any other law, and shall exercise such powers and perform such functions in accordance with the provisions of section 212 of the Constitution.
make recommendations or give directions on all matters relating to or arising from the employment and, in general, the conditions of service, of former officers and employees while they were officers and employees, in respect of which it may, under the provisions of this Act or any other law, make recommendations or give directions in the case of serving officers and employees.
A recommendation or direction contemplated in paragraph (a) (ii) may not be to the detriment of a former officer or employee, and the Commission may not make such a recommendation or give such a direction in respect of any former officer or employee after the expiry of a period of two years after he or she ceased to be an officer or employee.
regarding the person to be appointed or promoted, when it is necessary to make any appointment in or promotion of a person to a post in the A division, or, when it considers it necessary, regarding the promotion of an officer to a higher rank; regarding regulations to be made under section 41 (1); and regarding a code of conduct applicable to members of the public service.
regarding information technology.
may make recommendations and give directions to ensure clarity in respect of the jurisdiction of the Commission vis-a-vis that of a provincial service commission.
Notwithstanding the provisions of section 5 (5), the provisions of section 5 (2) apply mutatis mutandis in respect of a recommendation in terms of paragraph (a) (v) of this subsection.
The provisions of subsections (3) (i) and (5) (a) (i) apply mutatis mutandis in respect of such employees as the Commission may direct.
The Commission shall, in order to effect the transition and rationalisation of public administration as contemplated in sections 236, 237 and 238 of the Constitution, in addition to any powers assigned to it in or in terms of any other act, have the power, subject to the relevant provisions of the Constitution and section 5 (7) of this Act, to make recommendations, give directions and conduct enquiries in order to establish uniformity as regards the terms and conditions of employment of the persons employed by the institutions referred to in section 236 (1) of the Constitution.
define classes and groups of personnel as the basis for determining generally prevailing terms and conditions of employment applicable to such groups and classes of personnel; and determine the terms and conditions of employment which prevail generally in regard to a class or group of personnel defined under paragraph (a).
In determining the terms and conditions of employment generally prevailing in regard to a class or group of personnel contemplated in subsection (2), the Commission shall properly take into account the percentage of persons in a particular class or group of personnel to which a particular term or condition of service is applicable.
When uniformity of the terms and conditions of employment or any particular term or condition of employment of a class or group of personnel contemplated in subsection (2) has been established on the recommendation of or by direction of the Commission, no person belonging to such a class or group of personnel shall, subject to subsections (6) and (7), have the right to retain a term or condition of employment which is more favourable than such uniform term or condition of employment.
Commission shall not in terms of this section have the power to recommend or direct that such particular terms and conditions of employment be changed.
Notwithstanding subsections (1) and (2), the Commission shall have the power to recommend or direct that a person or class or group of persons retain or partially retain a particular term or condition of employment that is more favourable than the uniform term or condition of employment applicable to the class or group of personnel of which he or she is a member where there arespecial circumstances which justify such action: Provided that any such retention of such more favourable term or condition of employment shall not continue for more than six months after the date with effect from which uniformity of the relevant term or condition of employment was established in terms of this section.
The powers conferred upon the Commission by or in terms of this section shall lapse on 27 April 1995, save in so far as any recommendation made or direction given by the Commission before that date shall be acted upon as if this subsection had been enacted.
in the case of a direction, to have been implemented on the date on which such direction is given.
Where an executing authority has to determine a date for the commencement of a recommendation, it shall be a date within six months from the date referred to in paragraph (a) (i).
Subject to the provisions of subsection (6), any recommendation or direction of the Commission may be withdrawn or varied or further varied by the Commission, or, subject to the provisions of subsection (4), may be rejected by the President and referred back to the Commission before it has been implemented, at any time within a period of six months from the date upon which it was made, given or varied or further varied by the Commission, as the case may be.
if the period contemplated in paragraph (a) has expired, and it has not been carried out or withdrawn by the Commission or rejected by the President, be implemented as made, given or varied by the Commission, forthwith by the relevant executing authority.
For the purposes of subsection (2) regarding the rejection by the President of a recommendation or direction of the Commission, any refusal or failure by the Commission to make a recommendation or give a direction is deemed to be a recommendation or direction of the Commission.
An application for the rejection of a recommendation or direction contemplated in subsection (2) shall not be made to the President unless the department in question has given the Commission at least 14 days notice of its intention so to apply, and that notice shall set forth the grounds upon which the department intends to base its application.
The provisions of subsection (2) shall not preclude the Commission from withdrawing or varying at any time, subject to the provisions of subsections (6), (7) and (8) (b) and the provisions of section 34, any recommendation or direction regarding the employment or conditions of service of persons, even if service benefits are thereby reduced or persons deprived of service benefits.
The provisions of subsection (2) shall apply mutatis mutandis in respect of a recommendation or direction of the Commission regarding any matter relating to persons other than those contemplated in section 8 (1), irrespective of whether the recommendation or direction relates to a particular person or not.
A recommendation or direction by the Commission involving expenditure from the National Revenue Fund or a Provincial Revenue Fund, shall not be carried out unless the Treasury approves the expenditure.
The Treasury may, in its discretion and upon such conditions as it may determine, delegate its power to approve such expenditure, to any officer.
Where a power or function of the Commission, the Department of State Expenditure, any other department, an executing authority, a head of a department or any person acting under delegated authority in terms of this Act or any other applicable law, relates to a matter of mutual interest as contemplated in section 13 (1) of the Public Service Labour Relations Act, 1993 (Act No. 102 of 1993), it, he or she shall, in respect of such a matter and in terms of the provisions of section 13 (6) of the said Act, only make a recommendation, give a direction or take a decision or amend existing provisions and measures, if any, in terms of an agreement negotiated on such a matter in the relevant chamber of the Council.
the Commission or any department or person involved in negotiations within the chamber of the Council at central level may, in terms of section 13 (7) of the Public Service Labour Relations Act, 1993, implement the last offer on a specific matter made by the employer in the said chamber if a deadlock in negotiations is reached, by making a recommendation, giving a direction or taking a decision in terms of the provisions of this Act, the Commission Act or any other applicable law, provided such recommendation, direction or decision does not have the effect of reducing existing remuneration, service benefits or worker compensation, except in accordance with the provisions of section 34 of this Act.
The Commission may inspect departments and has access to such official documents, and may obtain such information from heads of department and other officers and employees and other persons in the service of departments, as in the opinion of the Commission may be necessary for the exercise of its powers or the performance of its functions in terms of this Act or any other law.
(i) of the Commission Act, is or are inspecting a department in terms of subsection (1) of this section, he or she has or they shall for that purpose have the powers conferred upon the Commission by section 8 of that Act, and in the application of that section in relation to such an inspection, a reference therein to the Commission shall be construed as a reference to the member or members conducting the inspection.
The Commission may designate any officer appointed under section 9 (1) of the Commission Act to inspect a department in terms of subsection (1) of this section, and any officer so designated, has the powers conferred upon the Commission by this section.
The public service established by section 212 (1) of the Constitution shall be structured and organised as provided for in this Act.
For the purposes of the administration of the public service there shall be national departments and provincial administrations mentioned in the first column of Schedule 1, as well as the organisational components mentioned in the first column of Schedule 2.
Each department shall have a head of department who as an officer shall be the incumbent of the post on the fixed establishment bearing the designation mentioned in the second column of Schedule 1 opposite the name of the relevant department, or the officer who is acting in that post.
A head of department shall be responsible for the efficient management and administration of his or her department, including the effective utilisation and training of staff, the maintenance of discipline, the promotion of sound labour relations and the proper use and care of State property, and he or she shall perform the functions that may be prescribed.
An organisational component mentioned in the first column of Schedule 2 and the officer who is the incumbent of the post bearing the designation mentioned in the second column of Schedule 2 opposite the name of the relevant organisational component, or the officer who is acting in that post, shall, for the purposes of the application of the provisions of this Act, be deemed to be a department and a head of department, respectively.
The incumbent of a post contemplated in this subsection shall not by reason only of such incumbency be entitled to the conditions of service of the incumbent of a post referred to in subsection (3).
The President may, after the Commission has made a recommendation, amend Schedule 1 or 2 by proclamation in the Gazette, and which amendment, if he or she deems it necessary, may be effected retrospectively to the date of the recommendation of the Commission.
are employed temporarily or under a special contract in a depart- ment, whether in a full-time or part-time capacity, additional to the fixed establishment or in vacant posts on the fixed establishment.
The A and B divisions shall consist of such posts as the Commission may direct to be included therein.
The Commission may direct that any post included in one division shall be removed from that division and be included in the other division, or that any post included in the A or B division shall be excluded from both those divisions.
A direction under this subsection shall not deprive any officer of any leave or other prescribed privilege or right which arose from the occupancy by him or her of a post in one of the said divisions.
Any officer whose post has been excluded from both the divisions aforementioned shall, for the purposes of this Act and the Government Service Pensions Act, 1973 (Act No. 57 of 1973), be deemed to continue to hold a post in the division in which his or her post was included immediately before the direction whereby such exclusion was effected came into force.
Without derogating from the functions of the Commission in terms of this Act, the appointment of any person or the promotion or transfer of any officer or employee in the employ of a national department or provincial administration shall be made by the relevant executing authority or by an officer or officers to whom such authority has delegated his or her power of appointment, promotion or transfer.
Subject to the provisions of this Chapter, appointments and promotions in, and transfers in or to, the public service shall be made in such manner and on such conditions, including conditions regarding the knowledge of official and other languages, as may be prescribed, or, in so far as they are not prescribed, as may be directed by the Commission.
Notwithstanding the provisions of subsection (1) (c), a person may be appointed on probation, but his or her appointment shall not be confirmed unless he or she complies with the requirements contemplated in that paragraph.
only the qualifications, level of training, merit, efficiency and suitability of the persons who qualify for the appointment, promotion or transfer in question, and such conditions as may be determined or prescribed or as may be directed or recommended by the Commission for the making of the appointment or the filling of the post, shall be taken into account.
the transfer or promotion of an officer; or if the post cannot satisfactorily be filled by such a transfer or promotion, the appointment of a person who is not an officer.
an officer's term of office as head of department as provided in paragraph (a) or (b) may be extended at the expiry thereof for a period or successive periods not exceeding five years, as the relevant executing authority may approve, subject to the provisions of subsection (2).
The relevant executing authority shall in writing inform the officer concerned at least two calendar months before the expiry of the terms contemplated in paragraph (a) or (b) of subsection (1) or any previously extended term contemplated in paragraph (c) of that subsection, whether he or she proposes to retain such officer in service for an extended term, or not.
If the officer concerned is so informed of such intention to retain him or her in service for an extended term, he or she shall in writing inform the relevant executing authority, within one calendar month from the date of that communication, of his or her acceptance or not of such extended employment.
If the officer concerned so informs the relevant executing authority of his or her acceptance of extended employment, his or her term of office as head of department shall be extended by the further period as have been agreed to with such executing authority.
Before an executing authority approves a shorter period contemplated in sub-section (1) (a) in respect of an officer who is not a member of the services or the National Intelligence Services, or communicates with such an officer in terms of sub-section (2) (a), the Commission shall make a recommendation.
the A division, the Commission so recommends; or the B division, the person having the power to approve such a transfer or promotion, so directs.
Subject to paragraphs (b) and (c) of this subsection and the provisions of subsection (4), the period of probation so recommended or directed shall not be less than 12 calendar months.
It an officer who is serving on probation is transferred or promoted to another post, a lesser period of service on probation may be recommended or directed in the new post, which together with the period of probation served in the former post, shall total at least 12 calendar months.
The period of probation of an officer shall be extended by the number of days leave taken by him or her during the period of probation or any extension thereof.
the person having the power to make the appointment, transfer or promotion concerned may, in the case of an officer serving in the B division, extend the period of probation or act in accordance with the provisions of subsection (5).
It the appointment or promotion of an officer is made on probation and the only condition of such an appointment or promotion is that the officer shall comply with the training requirements directed by the Commission, such appointment shall, notwithstanding the provisions of subsection (2), or such promotion shall, notwithstanding provisions to the contrary in this Act, be deemed to have been confirmed with effect from the day immediately succeeding the date upon which that officer complied with those requirements.
by the giving of one month's written notice to such officer; or forthwith, if his or her conduct or performance is unsatisfactory.
Commission shall first make a recommendation.
Notwithstanding anything to the contrary contained in sections 14 and 34, but subject to the provisions of paragraph (b), a person whose transfer or promotion on probation is not confirmed and who immediately prior to that transfer or promotion on probation was an officer, other than an officer on probation, shall be transferred to the post formerly held by him or her, or to a post of equivalent grading, and shall receive such salary as he or she would have received in the said former post if he or she had not been transferred or promoted on probation.
In the case of the transfer of an officer serving in the A division, the Commission shall first make a recommendation.
Subject to the provisions of this Act, every officer or employee may, when the public interest so requires, be transferred from the post or position occupied by him or her to any other post or position in the same or any other department, irrespective of whether such a post or position is in another division, or is of a lower or higher grade, or is within or outside the Republic.
The transfer of an officer or employee from one post or position to another post or position may, subject to paragraphs (b), (c) and (d) of this subsection and subsection (3) (d), be made on the authority of the person having the power to transfer.
In the case of a transfer from one department to another department the approval of the persons who in respect of each of those departments have the power to transfer, shall first be obtained.
recommending the transfer of an officer from one post to another post in the A division; or recommending that an officer, other than a member of the services or an educator or a member of the National Intelligence Services, who occupies the office of head of department be transferred to a post to which the provisions of section 12 do not apply during or at the expiry of the term contemplated in section 12 (1) (a) or (b), or of any extended term contemplated in section 12 (1) (c), on such conditions as the Commission may recommend.
In the case of a transfer of an officer or employee from a national department to a provincial administration or from a provincial administration to a national department or from one provincial administration to another provincial administration, such a transfer shall be subject to a recommendation by the Commission in addition to any recommendation made by a relevant provincial service commission.
holding a post in the A or B division shall not without his or her consent be transferred to a post in any branch of the services or in the National Intelligence Services.
A member of any of the three branches of the services shall not without his or her consent be transferred to a post in any other of those branches or to a post in the A or B division, and a member of the National Intelligence Services shall not, subject to the provisions of any law regulating the service of such a member, without his or her consent be transferred to a post in such a division.
A person holding a pensionable appointment in a department under any law other than this Act, or an institution established by an Act of Parliament and which obtains its funds directly in whole or in part from the National Revenue Fund, may on the recommendation of the Commission be transferred to and appointed in a post in the A or B division.
A person in the service of a department under any law other than this Act, or in the service of another government, or of a council, institution or body established by or under any law, or of any other body or person, may on the recommendation of the Commission be employed by another department or a department, as the case may be, for a particular service or for a stated period and on such conditions, other than conditions laid down by or under any pensions law, as may be recommended by the Commission after consultation with the employer of the person concerned and approved by the Treasury.
An officer or employee may with his or her consent and on the recommendation of the Commission and on such conditions, in addition to those prescribed by or under any law, as may be recommended by the Commission after consultation with the Treasury, be placed at the disposal of another government, or of a council, institution or body established by or under any law, or of any other body or person, for a particular service or for a stated period.
Such an officer or employee remains subject to the laws applicable to officers and employees in the public service while so placed at such disposal.
A person (in this paragraph referred to as the official) in the service of a department under any law other than this Act, or of another government, or of a council, institution or body established by or under any law, or of any other body or person, may, on the recommendation of the Commission, be employed by another department or a department, as the case may be, for a stated period and on such conditions, other than conditions laid down by or under any pensions law, as may be recommended by the Commission after consultation with the employer of the official and approved by the Treasury, and in such a case, on the recommendation of the Commission and on such conditions, in addition to those laid down by or under any law, as may be recommended by the Commission after consultation with the Treasury, an off icer or employee may with his or her consent and in terms of an agreement between the department in which he or she is employed and the employer of the official be placed at the disposal of the employer of the official for the same period on an exchange basis.
Intelligence Services, shall have the right to retire from the public service, and shall be so retired, on the date when he or she attains the age of 65 years.
If such an officer attains the said age after the first day of a month, he or she shall be deemed to have attained it on the first day of the following month.
Notwithstanding the provisions of subsection (1), an officer or employee, other than a member of the services or an educator or a member of the National Intelligence Services, who is in employment with effect from a date prior to 1 October 1993 in terms of a law repealed by this Act, shall, in accordance with section 212 (7) (b) of the Constitution, have the right to retire from the public service at or at any time after the retirement age applicable to him or her as at 1 October 1993, and that retirement age shall not be changed without his or her consent.
if that notification is given at least three calendar months prior to the date on which he or she attains the retirement age applicable to him or her in terms of paragraph (a), be so retired on the date on which he or she attains that age or, if he or she attains it after the first day of a month, on the first day of the following month; or it that notification is not given at least three calendar months prior to the date on which he or she attains the said age, be so retired on the first day of the fourth month after the month in which the notification is received.
In the case of an officer who occupies the office of head of department, he or she shall give notification of his or her wish to be retired from the public service at least six calendar months prior to the date on which he or she attains the said age, and if he or she has so given notification, the provisions of paragraph (b) (i) apply mutatis mutandis.
If such an officer has not so given notification at least six calendar months prior to the date on which he or she attains the said age, he or she shall be so retired on the first day of the seventh month following the month in which that notification is received.
Subject to the provisions of this section, section 12 (2) (a) and section 14, an officer who occupies the office of head of department has the right to retire from the public service and he or she shall be so retired at the expiry of the term contemplated in section 12 (1) (a) or (b), or of any extended term contemplated in section 12 (1) (c), as the case may be.
If an officer retires or is retired in terms of paragraph (a), he or she shall be deemed to have been discharged from the public service in terms of section 17 (2) (b).
An officer, other than a member of the services or an educator or a member of the National Intelligence Services who has reached the age of 60 years may, subject in every case to the recommendation of the Commission and the approval of the relevant executing authority, be retired from the public service.
or (b), or any extended term contemplated in section 12 (1) (c), and notwithstanding the absence of any reason for discharge in terms of section 17 (2), if a reason exists which such authority deems sufficient.
If an officer is allowed to retire from the public service in terms of paragraph (a), he or she shall, notwithstanding anything to the contrary contained in subsection (4), be deemed to have retired in terms of that subsection, and he or she shall be entitled to such pension as he or she would have been entitled to if he or she had retired from the public service in terms of that subsection.
An executing authority may, at the request of an officer and subject to a recommendation of the Commission, notwithstanding the absence of any reason for discharge in terms of section 17 (2), allow him or her to retire from the public service if in the opinion of such authority a sufficient reason exists therefor and the retirement will be to the advantage of the State.
The provisions of subsection (5) (b) shall mutatis mutandis apply to any officer who is allowed to retire from the public service in terms of paragraph (a).
If it is in the public interest to retain an officer, other than a member of the services or an educator or a member of the National Intelligence Services, in his or her post beyond the age at which he or she is required to retire or to be retired in terms of subsection (1), he or she may with his or her consent be so retained from time to time, on the recommendation of the Commission and with the approval of the relevant executing authority, for further periods which shall not, except with the approval, by resolution, of Parliament, exceed in the aggregate two years.
(a) Subject to paragraphs (b) and (c) of this subsection, subsection of this section and section 19 (1 1) of the Public Service Labour Relations Act, 1993 (Act No. 102 of 1993), the power to discharge an officer or employee shall vest in the relevant executing authority, who may delegate that power to an officer.
Notwithstanding paragraph (a), the power to discharge an officer, excluding a head of department, in terms of subsection (2) (e), shall be vested in the head of department.
(e) or to terminate his or her services in terms of section 19 (1 1) (c) of the Public Service Labour Relations Act, 1993, the Commission shall first make a recommendation for his or her discharge.
if his or her continued employment constitutes a security risk for the State; and if the President or a Premier appoints him or her in the public interest under any law to an office to which the provisions of his Act or the Commission Act do not apply.
If an officer is discharged under subsection (2) (g), he or she shall be deemed to have been discharged under subsection (2) (e).
If an officer is discharged under subsection (2) (h), he or she shall be deemed to have been discharged under subsection (2) (d).
If the services of an officer is terminated under section 19 (1 1) (c) of the Public Service Labour Relations Act, 1993, he or she shall be deemed to have been discharged under subsection (2) (e).
The services of an officer who occupies a post in the A or B division may, notwithstanding the absence of any reason for discharge in terms of giving of notice in writing, and that notice shall, in the case of an officer with less than 10 years' continuous service, be one month, and in the case of an officer with 10 year's or more continuous service, be three months.
A recommendation in terms of paragraph (a) in respect of an officer in the A division shall be made only after the officer concerned has been afforded an opportunity of making representations with regard to his or her position to the Commission and after the Commission has given due consideration to any representations made by the officer.
In the application of paragraph (a) to an officer in the A division the relevant executing authority may delegate the power conferred upon him or her by subsection (1) only to the head of the department concerned.
(i) An officer, other than a member of the services or an educator or a member of the National Intelligence Services, who absents himself or herself from his or her official duties without permission of his or her head of department, office or institution for a period exceeding one calendar month, shall be deemed to have been discharged from the public service on account of misconduct with effect from the date immediately succeeding his or her last day of attendance at his or her place of duty.
If such an officer assumes other employment, he or she shall be deemed to have been discharged as aforesaid irrespective of whether the said period has expired or not.
If an officer who is deemed to have been so discharged, reports for duty at any time after the expiry of the period referred to in paragraph (a), the Commission may, notwithstanding anything to the contrary contained in any law, recommend that, subject to the approval of the relevant executing authority, he or she be reinstated in the public service in his or her former or any other post or position on such conditions as the Commission may recommend, and in such a case the period of his or her absence from official duty shall be deemed to be absence on vacation leave without pay or leave on such other conditions as the Commission may recommend.
If it is in the public interest to appoint an officer under any law to an office to which the provisions of this Act or the Commission Act do not apply, the President or a Premier may so appoint him or her to that office and may discharge him or her from the public service without the Commission first having made a recommendation for his or her discharge.
(1)If a head of department reports to an executing authority that any officer, other than an officer who occupies a post in the B division or a member of the services or an educator or a member of the National Intelligence Services, in his or her department is, in his or her opinion, unfit for his or her duties or incapable of carrying them out efficiently, such authority shall appoint an officer to inquire into those allegations, and if such a report is made to a head of department by an officer designated in terms of section 6 (3) to inspect departments, the head of department shall, within one calendar month of the date on which he or she received it, sent it to the said authority, who shall appoint an officer to inquire into those allegations.
to have access to documents produced in evidence.
At the conclusion of the inquiry, the officer concerned shall be notified of the finding of the officer conducting the inquiry, and if it has been found that he or she is unfit for his or her duties or that he or she is incapable of carrying them out efficiently, he or she shall have the right to appeal to the Commission against that finding.
The procedure at any inquiry and the noting and hearing of an appeal shall be as prescribed.
that action be taken against him or her as prescribed in paragraph (b) as well as paragraph (c); or that he or she be discharged from the public service from a date to be fixed by the relevant executing authority.
The Commission shall send the documents relating to the inquiry and, where applicable, the appeal, together with its recommendation in terms of subsection (5), to the relevant executing authority and such authority may act according to the recommendation of the Commission or, subject to the provisions of section 5, according to any other recommendation which can be made under subsection (5).
If in the opinion of an executing authority there are reasonable grounds for believing that a head of department is unfit for his or her duties or incapable of carrying them out efficiently, such authority shall report to the President or, in the case of a provincial administration, the Premier of the province, accordingly, and the President or Premier may appoint a person or persons to inquire into the allegations.
The provisions of section 18 (2) to (6) shall apply mutatis mutandis to an inquiry in terms of subsection (1) of this section, and for that purpose a reference in section 18 (5) and (6) to the relevant executing authority shall be construed as a reference to the President or the relevant Premier, as the case may be.
contravenes any rule of the constitution of a medical aid fund or aid scheme or aid society of which he or she is a member in terms of the regulations, or fails to comply therewith; or contravenes any provision of a prescribed code of conduct or fails to comply with any provision thereof.
is guilty of misconduct and he or she has referred the matter to the head of department concerned, the head of department or such an authorised officer shall, appoint an officer (hereinafter referred to as an investigating officer) to investigate the matter and obtain evidence in order to determine whether there are grounds for a charge of misconduct against the officer concerned.
After the conclusion of the investigation the investigating officer shall inform the head of department whether in his or her opinion the officer concerned should be charged or not, and if so, what in his or her opinion the contents of the charge in question should be.
1993 (Act No. 102 of 1993).
A head of department may in writing under his or her hand charge an officer referred to in section 21 with misconduct, if he or she is of the opinion that sufficient grounds for a charge of misconduct against him or her have been found during the investigation.
If the head of department is of the opinion that an investigation in terms of section 21 is not necessary, he or she may in writing under his or her hand charge the officer concerned with misconduct and appoint an officer to exercise the powers of an investigating officer in terms of section 23.
A head of department may delegate the powers conferred upon him or her by subsections (1) and (2) to an officer in his or her department, in so far as they pertain to an officer in the B division.
A charge contemplated in subsection (1) or (2) shall contain or shall be accompanied by a direction calling upon the officer charged to send or deliver within a reasonable period specified in the direction to a person likewise specified, a written admission or denial of the charge and, if he or she so desires, a written explanation regarding the misconduct with which he or she is charged.
If the officer charged admits that he or she is guilty of the charge, he or she shall be deemed to have been found guilty of misconduct as charged.
denies the charge; or fails to comply with the direction contemplated in subsection (4), the head of department or the officer to whom the head of department has delegated this power shall appoint a person (in this section and sections 23, 24 and 26 referred to as the presiding officer) to hear the charge.
An officer may at any time before or after he or she has been charged under this section be suspended from duty on such conditions as may be prescribed.
(a) An investigating officer may for the purposes of a hearing in terms of section 22 (6) summon any person who in his or her opinion may be able to give material information concerning the subject of the hearing. or who he or she suspects or believes has in his or her possession or custody or under his or her control any book, document or object which has any bearing on the subject of the hearing, to appear before the presiding officer appointed under section 22 (6) at the time and place specified in the summons, to be interrogated or to produce such book, document or object.
A subpoena to a person to appear before the presiding officer or to produce a book, document or object. shall be signed by the investigating officer or presiding officer and be served on such person by delivering or tendering it to him or her or by sending it by registered post to him or her.
The investigating officer may retain a book. document or object so produced, for the duration of the hearing.
lead evidence and advance arguments in support of the charge and cross- examine witnesses; and call upon and administer an oath to or accept an affirmation from any person present at the hearing who was or might have been summoned in terms of subsection (1), and interrogate him or her and order him or her to produce any book, document or object in his or her possession or custody or under his or her control which the investigating officer suspects or believes to have a bearing on the subject of the hearing.
refuses to be sworn in or to affirm as a witness, or without sufficient cause fails to answer fully and satisfactorily to the best of his or her knowledge all questions lawfully put to him or her, or to produce any book, document or object in his or her possession or custody or under his or her control which he or she has been required to produce, he or she shall, subject to the provisions of paragraph (b), be guilty of an offence and be liable upon conviction to a fine not exceeding R2 000.
The law relating to privilege, as applicable to a witness summoned to give evidence or to produce a book, document or object in a civil trial before a court of law, shall mutatis mutandis apply in relation to the examination of, or the production of any book, document or object to the presiding officer, by any person called in terms of this section as a witness.
A person who, after having been sworn in or having been affirmed as a witness, gives a false statement on any matter, knowing that answer or statement to be false, shall be guilty of an offence and liable upon conviction to the penalties which may lawfully be imposed for the offence of perjury.
A person who prevents another person from obeying a subpoena issued under subsection (1), or from giving evidence or producing a book, document or object which he or she is in terms of this section required to give or produce, shall be guilty of an offence and liable upon conviction to a fine not exceeding R2 000.
if the misconduct with which he or she is charged amounts to an offence of which he or she was convicted by a court of law, to show cause why in his or her opinion he or she was wrongfully convicted.
After the conclusion of the hearing the presiding officer shall make a finding on the charge, mentioning in the case of a finding of guilty, any aggravating and mitigating circumstances he or she may find, and make a recommendation regarding action in terms of section 24 (2).
At the conclusion of the hearing the presiding officer shall notify the head of department concerned of his or her finding and recommendation contemplated in section 23 (5).
discharge him or her or direct him or her to resign from the public service from a date to be determined by the head of department; or postpone his or her decision under subparagraphs (i) to (v) for a period not exceeding 12 calendar months.
Except where a head of department acts under paragraph (a) (v) or (vi), he or she may take decisions under more than one of the subparagraphs of paragraph (a).
A head of department shall notify the officer charged as soon as possible of the finding of the presiding officer under section 23 (5) and of his or her decision under subsection (2) and of the officer's right of appeal in terms of section 26.
If an officer suspended from duty before or during the trial is found not guilty, he or she may resume duty under the prescribed circumstances and receive in the prescribed manner emoluments which were withheld during the period of suspension.
If an officer who has been directed under section 24 (2) (a) (v) to resign, fails so to resign, he or she shall be deemed to have been discharged as from the date determined under the said section.
A fine imposed under section 24 (2) (a) (ii) may be recovered by the deduction from the salary of the officer concerned of such instalments as the head of department may determine.
resigns from the public service; or assumes other employment [not being remunerative work contemplated in section 30 (b)], before the proceedings with regard to the charge of misconduct have been finalised in accordance with section 24 or, in the case of an appeal, in accordance with section 26, he or she shall be deemed to have been discharged on account of misconduct.
An officer charged in terms of section 22 shall have the right to appeal to the Commission against a finding of guilty of the presiding officer or the decision of the head of department, or both, within 21 days after the head of department notified him or her of his or her decision in accordance with section 24 (3).
If an officer charged lodges an appeal in terms of subsection (1), the decision of the head of department under section 24 (2) shall not be put into effect before the Commission has issued a direction under subsection (3) of this section.
the appeal be dismissed; or any other steps mentioned in section 24 (2) (a) be taken.
(a) When a head of department is accused of misconduct, the relevant executing authority may appoint a person to investigate the matter and report to him or her thereon, and such authority may thereupon report the matter to the President or, in the case of a provincial administration, to the Premier of the province, who may direct the said authority to charge the head of department concerned with that misconduct.
It a hearing becomes necessary in terms of section 22 (6), read with subsection (2) of this section, the President or Premier may appoint a person to conduct the hearing.
of this section, and for that purpose a reference in sections 21, 22, 24, 25 (3) and 26 (2) to the head of department shall be construed as a reference to the relevant executing authand a reference in sections 22 (6) and 24 (2) (a) (v) to the head of department shall be construed as a reference to the President or the relevant Premier, as the case may be, and a reference in sections 22 (6), 23, 24 and 26 to the presiding officer conducting the hearing, as a reference to the person appointed under subsection (1) of this section.
An officer or employee shall fulfil the obligations imposed upon him by this Act or any other law, and he or she shall have the rights and may be granted the privileges which are prescribed by or under this Act or any other law.
No provision of this Act shall be construed as abrogating or derogating from any existing, accruing or contingent right, liability or obligation of any person flowing from any other law.
no officer or employee shall perform or engage himself or herself to perform remunerative work outside his or her employment in the public service, without permission granted on the recommendation of the Commission by the relevant executing authority or an officer authorized by such authority; and no officer or employee may claim any additional remuneration in respect of any official duty, or work which he or she performs voluntarily or is required by a competent authority to perform.
(a) (i) If any remuneration, allowance or other reward is received by an officer or employee in connection with the performance of his or her work in the public service otherwise than in accordance with the provisions of this Act or a recommendation of the Commission, or is received contrary to the provisions of section 30 (b), that officer or employee shall pay into revenue an amount equal to the amount of such remuneration, allowance or other reward, or, where it does not consist of money, the value thereof as determined by the head of department in which he or she was employed at the time of the receipt thereof, and if he or she does not do so, it shall be recovered from him or her by that head by way of legal proceedings or in such other manner as the Treasury may approve, and be paid into revenue.
The officer or employee concerned may appeal against such a determination by the head of department to the relevant executing authority, who may make such order as he or she may think fit.
The Commission may recommend that the officer or employee concerned may retain the whole or a portion of the remuneration, allowance or reward.
If in the opinion of the head of department mentioned in paragraph (a) an officer or employee has received any remuneration, allowance or other reward contemplated in that paragraph, and it is still in his or her possession or under his or her control or in the possession or under the control of any other person on his or her behalf, or, if it is money, has been deposited in any deposit-taking financial institution in his or her name or in the name of any other person on his or her behalf, that head of department may in writing require that officer or employee or that other person or that financial institution not to dispose thereof, or, if it is money, not to dispose of a corresponding sum of money, as the case may be, pending the outcome of any legal steps for the recovery of that remuneration, allowance or reward or the value thereof.
A person of financial institution contemplated in paragraph (b) who or which fails to comply with a requirement in terms of that paragraph, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year.
The provisions of this section shall also apply to an officer who is a head of department, and in such a case a reference to a head of department shall be construed as a reference to the Treasury.
Subject to the provisions of paragraph (b), any salary, allowance, fee, bonus or honorarium which may be payable in respect of the services of an officer or employee placed temporarily at the disposal of any other government, or of a council, institution, body or person contemplated in section 15 (3) or (4), shall be paid into revenue.
In circumstances regarded by the Commission as exceptional, it may recommend the payment out of revenue to the officer or employee concerned of an amount equal to that salary, allowance, fee, bonus or honorarium, or a portion thereof.
An executing authority or the head of a department, branch, office or institution may direct any officer or employee under his or her control temporarily to perform duties other than those ordinarily assigned to such an officer or employee or appropriate to the grade, designation or classification of his or her post, and he or she shall comply with such a direction.
No officer or employee shall without written approval of the accounting officer, as defined in section 1 of the Exchequer Act, 1975 (Act No. 66 of 1975), of the department or office in which he or she is employed, cede the right to the whole or any part of any salary or allowance payable to him orher.
Subject to the provisions of section 236 (5) of the Constitution, the salary or scale of salary of an officer shall not be reduced without his or her consent except in terms of the provisions of section 4 or 38 or Chapter VI of this Act, section 236 (6) of the Constitution or an Act of Parliament; or a programme of rationalisation referred to in section 237 of the Con- stitution.
If an officer in the A or B division has a complaint or a grievance concerning an official act or omission, or if an officer in those divisions or an employee wants to address a request or communication to the Commission, he or she has the right to lodge that complaint, grievance, request or communication with the authority concerned under the prescribed circumstances, on the prescribed conditions and in the prescribed manner, and that authority shall submit it to the Commission in the prescribed manner, and at the prescribed time or within the prescribed period.
attend a public political meeting, but may not preside or speak at such a meeting; and not draw up or publish any writing or deliver a public speech to promote or prejudice the interests of any political party.
the salary or wage of an officer or employee of exceptional ability or possessing special qualifications or who has rendered meritorious service, and, if it is in the interest of the public service, of any officer or employee, may be specially advanced within the scale applicable to him or her or may be paid a salary or wage in accordance with a higher scale or may be granted any other fitting reward; and any special service benefit may be granted to a head of department or class of heads of department before or at the expiry of a term contemplated in section 12 (1) (a) or (b), or any extended term contemplated in section 12 (1) (c), or at the time of retirement or discharge from the public service.
If an incorrect salary or scale of salary on appointment, transfer or promotion, or an incorrect advancement of salary within the limits of the scale of salary applicable to his or her grading, was awarded or granted to an officer or employee, or was awarded or granted at the correct notch or scale but at a time when or in circumstances under which it should not have been awarded or granted to him or her, the head of the department in which that officer or employee is employed, shall correct his or her salary or scale of salary with effect from the date on which the incorrect salary, scale of salary or salary advancement commenced, notwithstanding the provisions of section 14 (3) (a) and notwithstanding the fact that the officer or employee concerned was unaware that an error had been made in the case where the correction amounts to a reduction of his or her scale of salary or salary.
that other benefit shall be discontinued or withdrawn as from a current date, but the officer or employee concerned shall have the right to be compensated by the State for any patrimonial loss which he or she has suffered or will suffer as a result of that discontinuation or withdrawal.
With the approval of the Treasury the amount of an overpayment to be recovered in terms of subsection (2) (b) may be remitted in whole or in part.
No legal proceedings shall be instituted against the State or any body or person in respect of any alleged act in terms of this Act, or any alleged omission to do anything which in terms of this Act should have been done, unless the legal proceedings are instituted before the expiry of a period of 12 calendar months after the date upon which the claimant had knowledge, or after the date on which the claimant might reasonably have been expected to have knowledge, of the alleged act or omission, whichever is the earlier date.
No such legal proceedings shall be commenced before the expiry of at least one calendar month after a written notification, in which particulars as to the alleged act or omission are given, of intention to bring those proceedings has been served on the defendant.
Subsections (1) and (2) shall not be construed as precluding a court of law from dispensing with the requirements or prohibitions of those sections where the interests of justice so require.
Date 19940603 service of the State shall not be liable to such person or his or her spouse, parent, child or other dependant for any loss or damage resulting from any bodily injury, loss of life or loss of or damage to property caused by or arising out of or in any way connected with the conveyance in or the use of such vehicle, aircraft of vessel, unless such person is so conveyed or makes use thereof in, or in the interest of, the performance of the functions of the State: Provided that the provisions of this section shall not affect the liability of a person in the service of the State who wilfully causes the said loss or damage.
any matter which the President may consider necessary or expedient to prescribe in order to achieve the objects of this Act.
Different regulations may be made in respect of the A and B divisions, or to suit the varying requirements of particular departments or branches of departments, or of particular classes of officers or employees, or of particular kinds of employment in the public service.
Parliament, by resolution, disapproves of the regulation, in which event the regulation shall lapse with effect from a date to be specified in the resolution.
The provisions of this subsection shall not affect the power of the President to make a new regulation regarding the subject dealt with by a regulation that has lapsed in terms of paragraph (a).
The provisions of section 41 (2) shall apply mutatis mutandis in respect of the Public Service Staff Code.
The provisions of the Public Service Staff Code shall be binding upon any department, officer or employee in so far as they apply to that department, officer or employee.
Subject to the provisions of subsection (2), the laws mentioned in Schedule 3 are hereby repealed to the extent indicated in the third columnof that Schedule.
anything done under any such law which is capable of being done under a provision of this Act, shall be deemed to have been done under such provision of this Act; and any investigation of misconduct and any proceedings relating to a grievance or complaint, instituted under any such law, shall be continued and concluded as if such law were not repealed: Provided that any power or function assigned by such law to an institution referred to in subsection (3) (a), shall be exercised or performed by the Commission.
Subsection (2) (a) shall not apply to a public service commission, commission for administration or other like institution established by or under or functioning in accordance with a law referred to in subsection (1), and any such commission or other institution shall, subject to section 238 (5) of the Constitution, cease to exist upon the commencement of this Act.
The office of an institution referred to in paragraph (a) shall, until dealt with in terms of this Act or the Commission Act, be deemed to be a regional office of the Office of the Commission.
A person who immediately before the commencement of this Act occupied the post of director-general, or was the administrative head under any other designation, of an institution referred to in subsection (2) (a) shall, while continuing in office in terms of subsection (2) (b), perform his or her functions and exercise his or her powers under the control of and in accordance with the directions of a head of department referred to in the second column of Schedule 1 or 2 and designated by the Commission in each particular case.
Constitution.
This Act shall be called the Public Service Act, 1994.
COLUMN I COLUMN II Department of Public Works Director-General: Public Works Department of Sport and Recreation.. Director-General: Sport and Recreation Department of State Expenditure Director-General: State Expenditure Department of Trade and Industry.... Director-General: Trade and Industry Department of Transport............. Director-General: Transport Department of Water Affairs.........
COLUMN I COLUMN II Central Economic Advisory Service Head: Central Economic Advisory Service Central Statistical Service Head: Central Statistical Service Office of the Executive Deputy........
Amendment Act, and 31985 Act No. 7 of 1986 Venda Public Service The repeal of the whole (Venda) Commission Act, 1986 Act No. 8 of 1986........ Venda Public Service......... The repeal of the whole (Venda) Act, 1986 Act No. 22 of 1986....... Public Service Amendment..... The repeal of the whole Act, 1986 Act No. 4 of 1989........ KaNgwane Public Service...... The repeal of the whole (KaNgwane) Commission Act, 1989 Act No. 5 of 1990........ KwaZulu Public Service....... The repeal of the whole (KwaZulu) Act, 1990 Act No. 6 of 1990........ KwaZulu Public Service....... The repeal of the whole (KwaZulu) Commission Act, 1990 Act No. 120 of 1990...... Public Service Laws.......... The repeal of sections 2, Amendment Act, 1990 3 and 4 Act No. 57 of 1991....... Public Service Amendment..... The repeal of the whole Act, 1991 Act No. 47 of 1993....... Public Service Acts.......... The repeal of sections 2 Amendment Act, 1993 to 10 Act No. 102 of 1993...... Public Service Labour........ The repeal of section 27 Relations Act, 1993 and the Schedule Act No. 179 of 1993...... Public Service Amendment..... The repeal of the whole Act, 1993.
<fn>GOV-ZA.157bulletinEn.2012-02-10.en.txt</fn>
Former President Nelson Mandela will not attend the Opening Ceremony of the 2010 FIFA World Cup this afternoon.
Organisers of the FIFA pre-kickoff celebration concert, taking place at Orlando Stadium on Thursday, have promised the ceremony will be nothing short of the party of the decade.
The Local Organising Committee and FIFA say the FIFA World Cup Kick-Off Celebration Concert to precede this year's opening of the World Cup will go ahead as planned.
Bafana Bafana coach, Carlos Alberto Perreira is back in the country to take charge of the struggling national team.
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<fn>GOV-ZA.158236En.2012-02-10.en.txt</fn>
Businesses and individuals can support people with intellectual and physical disabilities by supporting the services and products produced by the workshops to which they belong.
The provincial Department of Social Development, in partnership with NGOs, funds and endorses a number of workshops for people with disabilities.
The aim of these workshops is to provide rehabilitation services and work opportunities for people with disabilities who, due to the nature of their disabilities, may have trouble finding a job.
Entering into contracts with the workshops.
Helping the workshops build capacity by sharing knowledge and experience.
Sponsoring training programmes.
Facilitating access to further work opportunities and information.
Purchasing products made by the workshops.
Click here to download the list of workshops in the Western Cape. The list includes the products and services on offer as well as the relevant contact details.
Please note: The list of workshops is large (1.3MB, pdf format) and may take several minutes to download on a dial-up connection.
<fn>GOV-ZA.158271En.2012-02-10.en.txt</fn>
What are the Special Rights of People in Old Age Homes?
All residential facilities for older people have to be registered with the state to make sure that they meet certain mimimum requirements and abide by the following specific rights, outlined by the Older Persons Act (no 13 of 2006).
Access to 24-hour care and support for frail older persons and those who need special attention.
A residential committee representing residents, especially if there is more than 10 older people living in the facility.
Appoint representatives to act on their behalf.
Have reasonable access to assistance and visitors.
Keep and use personal possessions.
Be informed about the financial status of the residential facility and changes in management.
Be given at least 30 days' notice of a proposed transfer or discharge.
No older person should be refused admission to a residential facility if they meet the basic admission requirements. If the manager of an old-age home does refuse admission, he or she will have to provide reasons, in writing, for the refusal.
No older person can be placed in residential care without their consent unless their mental condition renders them incapable. In such cases, consent must be given by people authorised by the law to do so.
If you feel that the rights of an elderly person are being violated, report it to the social worker at your nearest District Office for further investigation.
<fn>GOV-ZA.15899En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.158bulletinEn.2012-02-10.en.txt</fn>
Fax No: (017) 826 0577 7.
Fax Number: (017) 632 1395 9.
Contact Person : Ms TA Sibanyoni, Ms Sophie Masanabo, Ms.
Boardroom, Building No.
Alternatively send a request to tthobela@mpg.gov.
For administrative purposes the database for initial registration shall remain open until 08 June 2009. Thereafter the businesses may update on a quarterly basis. Late registrations will only be considered during the next quarterly updates, which will be end of September or end of December 2009 and end of March 2010. This must be kept in mind when attaching tax clearance certificates. Once a tax clearance has expired, the supplier's registration will be deactivated until such time that a new valid tax clearance has been submitted.
The application forms are free of charge. Suppliers should take note of the special conditions indicated in the application forms in order to ensure successful registration.
In order to give all prospective suppliers of goods and services an equal opportunity to do business with the Department of Culture, Sport and Recreation, the department hereby invites suppliers of goods and services to register their businesses in the department's database, the database registration shall remain open until 03 July 2009.
Ref: RTT/DB/09 3.
There is confidence across the continent and the world, not least from leading football officials, that South Africa will meet the standards set by FIFA to host a memorable, world-class event.
This phase involved the selection of host cities and stadiums . Host city agreements were signed; these are contracts between host cities and FIFA to govern cities' obligations and rights in hosting the World Cup. Legislation was also adopted to deliver the guarantees required.
Across the Government, extensive strategic and project planning culminated in the submission of project plans to the National Treasury. On the basis of business cases from cities and national departments, funding was allocated. Projects were integrated in a 24-point project plan, and capacity and structures for management and coordination were put in place.
Then the development of stadiums and transport infrastructure began - as well as host city projects, the revamping of the major airports and the development of sections of the road network.
The second phase began in January 2007. It involves the implementation of all the 2010 FIFA World Cup projects.
In the post-tournament phase, the government will review the tournament and its impact.
<fn>GOV-ZA.158localpublicadministrationandhrEn.2012-02-10.en.txt</fn>
Central to the energy response plan is the power conservation programme, which includes energy efficiency and demand side management (experience of Brazil and others included protocols of power rationing and reduction of use; others negatively impacted upon particularly the mining sector).
URL: http://www.info.gov.za/speeches/2008/08020412451001.
URL: http://www.info.gov.za/speeches/2008/08050510151003.
The Minister of the Department of Minerals and Energy, Ms Buyelwa Sonjica, invites all members of the media to attend the official switch on of the Manzana Electricity Substation and Unveiling of the Walter Sisulu Memorial Stone at Engcobo Municipality in the Eastern Cape. The purpose of this initiative is to highlight electrification projects implemented within Engcobo Local Municipality.
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<fn>GOV-ZA.15908En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.15910En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.15912En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.159406En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.159bulletinEn.2012-02-10.en.txt</fn>
Venue : KwaMhlanga Government Complex, Conference Room No.
Vol. 465 Cape Town 15 March 2004 No.
No. 49 of 2003: Alteration of Sex Description and Sex Status Act, 2003.
2 No. 26148 GAZETTE.
Allied Health Professions Act, 1982 (Act No.
PharmacyAct, 1974(Act No.
Dental Technicians Act, 1979 (Act No.
MentalHealth Care Act, 2002 (Act No.
ineverycase in which sexualcharacteristicshave been altered resulting in genderreassignment, beaccompanied by a report.
The Minister of Education, Naledi Pandor will from 08h00-12h00 conduct surprise visits to schools in the Free State province, before joining the Minister of Transport at 12h30 in a ceremony marked to hand over the peace of torch to the Department of Education.
<fn>GOV-ZA.15August2008En.2012-02-10.en.txt</fn>
Requirements: The suitable candidate must be in possession of a degree in Social Work. 5 years working experience in junior management in the ï¬eld of Social Welfare Services. At least 3 years working experience in running Expanded Public Works Programme in the ï¬eld of Home Community Based Care or Early Childhood Development. Knowledge of PFMA and Treasury Regulations. Drivers license. Competencies: Good understanding of all Social Welfare Legislation and programmes. Understanding of inter-sectoral collaboration regarding developmental programs. Strategic capability and leadership. Project management and implementation. Good interpersonal relations and leadership skills; Communication and writing skills. Policy analysis; Strategic planning, facilitation, monitoring and evaluation skills will an added advantage. Duties: Manage and coordinate Expanded Public Works Programme. Leading in the area of project management in line with the integrated approach in social service delivery. Proper interpretation of policies and national priorities. Capacity development for oï¬cials in the area of Home Community Based Care (HCBC) and Early Childhood Development (ECD). Networking with other provincial departments and national regarding expanded public works.
Requirements: Degree in Social Work / Probation Practice A postgraduate degree will be an added advantage Five years experience in probation services management position Registration with the South African Council for Social Service Professions. Code B driver's license. Competencies: Expert knowledge of Child Justice System legislative and policy framework; Computer Literacy; Self-motivated; Experience in working with children in trouble with the law; Good interpersonal relations and leadership skills; Communication and writing skills. Project leadership skills. Policy analysis; Strategic planning, facilitation, monitoring and evaluation skills will an added advantage. Duties: Coordinate implementation of developmental programmes for children awaiting trial in residential child care centres. Coordinate and facilitate training for residential child care centres. Facilitate the establishment of residential care boards. Determine trends on children, youth awaiting trial in residential care and commission research on recidivism. Maintain liaison between residential care and the provincial oï¬ce.
Requirements: Diploma or degree in Social Work. Post graduate qualiï¬cation will be an added advantage. At least 3 years experience in junior management level preferably in the area of Child Care and Development. Knowledge of the PFMA and Treasury Regulations. Drivers licence. Competencies: Expect understanding of Social Welfare Legislation and speciï¬cally on children or knowledge of integrated approach in Social Welfare Service Delivery in both public and the NGO sector. Understanding of management of residential care facilities for children and Early Childhood Development services, Strategic capability and leadership, Good interpersonal skills, Financial and project management, client orientation and focus. Duties: Coordinate services to children in need of care and development across the province. Monitoring of services rendered by the SocialWorkers and the NGO Sector. Lead in capacity development for all Social Welfare Services Practitioners. Ensure implementation of the legislation related to children in need of care and protections. Manage budgets on child care and facilitate establishment of child protection structures in the province. Maintain a working relationship with key departments in Social Welfare Services.
Requirements: Degree in Social Work. Post graduate qualiï¬cation will be an added advantage. Degree in Social Work with at least 5 years working experience in junior management in the ï¬eld of Social Welfare Services. Knowledge of the PFMA and Treasury Regulations. Drivers license. Competencies: Expect understanding of Social Welfare Legislation and policies speciï¬cally on Families and Social Relief of Distress, knowledge of integrated approach in Social Welfare Service Delivery in both public and the NGO sector. Understanding of management of Disasters declared and not declared Leadership capability, Interpersonal skills, Financial and project management. Duties: Coordinate disaster management unit and early intervention services to victims of disasters. Monitoring initiatives on needy children and families. Coordinate ï¬nancial and psycho-social support to displaced communities. Ensure proper implementation of relevant legislation and integration with other departments and sectors. Build networks with the Business Sector and the NGO's on combating and responding to disasters. Polity development and manuals in line with the new service delivery model.
Requirements: Degree in Social Work with at least 5 years working experience in junior management in the ï¬eld of Social Welfare Services. Code 8 drivers licence. Computer literacy will be an advantage. Good understanding of Social Welfare Legislation, Proï¬cient understanding of the PFMA and Treasury regulations. Good interpersonal skills and public speaking. Duties: Management of programmes on the prevention of substance abuse and Management of programmes for people with disabilities Ensure development, implementation and monitoring of services for prevention of substance abuse and services to people with disabilities. Facilitate development of policy / legislation speciï¬c to the prevention of substance abuse and people with disabilities. Management and formulation of Provincial budgets. Management of expenditure patterns.
Requirements: Degree in Social Work / Probation Practice A postgraduate degree will be an added advantage Five years experience in probation services management position Registration with the South African Council for Social Service Professions. Code B driver's license. Competencies: Expert knowledge of Child Justice System legislative and policy framework; Computer Literacy; Self-motivated; Experience in working with children in trouble with the law; Good interpersonal relations and leadership skills; Communication and writing skills. Project leadership skills. Policy analysis; Strategic planning, facilitation, monitoring and evaluation skills will an added advantage. Duties: Facilitatetheimplementationof developmental programmes for children awaiting trial in residential child care centres. Facilitate the implementation of skills development programmes for children awaiting trial in residential child care centres. Coordinate training of child and youth care workers in residential child care centres for children awaiting trial. Monitor implementation of information management systems in residential care centres for children awaiting trial.
Requirements: Degree or diploma in Social Worker with at least 5 years at supervisor level in the ï¬eld of children. Full understanding and proper interpretation of Social Welfare Legislation and speciï¬cally in the ï¬eld of children. Good understanding of the PFMA and Treasury Regulations. Code 8 driver's licence and computer literacy will be an advantage and Project management skills. Duties: Coordinate services to children in need of care and protection. Monitoring of priority projects and NGO programs. Ensure implementation of Social Welfare Legislation. Manage budgets, establish community child protection structure. Develop referral system with key departments in Social Welfare Services.
Requirements: Degree in Social Work with 5 years experience in the ï¬eld of HIV/AIDS and the impact thereof on orphans and children made vulnerable by HIV &AIDS. Good understanding of Home Community Based Care Programme. Computer literacy and good understanding of Social Welfare Legislation. Full understanding of the PFMA and Treasury regulation. Project management skills. Code 8 drivers licence. Duties: Facilitate the development and implementation of Home Community Based Care and Support Programmes for People infected and aï¬ected by HIV/AIDS. Facilitate and monitor the establishment of coordinated structures for orphans and children infected and aï¬ected by HIV/AIDS. Develop, implement and monitor policy for orphans and children made vulnerable by HIV/AIDS.
Requirements: Degree in Social Work with at least 5 years supervisory working experience in the ï¬eld of families, victim empowerment and social relief. Knowledge of family preservation programmes . Ability to integrate programmes related to families. Good understanding of the PFMA and Treasury regulations. Good interpersonal skills and expertise in SocialWelfare Legislation. Project management skills. Computer literacy. Code 8 drivers licence. Duties: Interpretation of Welfare Legislation related to the ï¬eld. Coordination of projects from the communities. Capacity building of coordinators in the ï¬eld and speciï¬cally on application of statistics related to the ï¬eld. Management and monitoring of projects in the related ï¬elds. Manage budgets of the directorate.
Requirements: Degree in Social Work with at least 5 years supervisory working experience in the ï¬eld of Social Welfare Services. Expert knowledge in the ï¬eld of Monitoring and Evaluation. Advance Computer literacy. Knowledge of the PFMA and Treasury regulations. Expertise in Social Welfare Legislation. Code 8 drivers license. Competencies: Experience in strategic planning and research. Good interpersonal and organizational skills. Demonstrate analytical, critical and creative thinking. Project management skills. Duties: Facilitate Development of monitoring and evaluation system. Development of data management system within the Chief Directorate. Facilitate the development of Systems of internal control. Facilitate development of strategic and operational plans of the Chief Directorate. Compile monthly, quarterly and annual reports for the Chief Directorate. Provide technical support to the Chief Directorate.
The incumbent will provide ï¬scal policy advice, determine the Medium Term Fiscal framework, develop and optimize the departmental Revenue base and manage the cash ï¬ow of the department.
Requirements: A recognized three year Bachelor's degree in Economics, Accounting and or Financial Management coupled with proven relevant experience in Revenue and Cash Management. An incumbent should understand government policies and Revenue and Cash Management. A ï¬exible individual with proven strategic planning, organising and leadership skills. Interpersonal skills are critical as the Fiscal management function interacts with various stakeholders. Knowledge of the Public Finance Management Act and Treasury Regulations; Ability to interact at both strategic and operational level. Proven ability to work in a highly pressurised environment. Good written and verbal communication skills. Provide strategic Fiscal policy advise. A valid driver's license. Duties: Contribute to discussion of equitable division of Revenue. Optimize and expand departmental own revenue. Administer medium term revenue planning process. Assess revenue trends and prepare revenue projections. Assess the viability of institution's own revenue budget. Properly manage and report on departmental ï¬nance. Monitor the implementation of policies, ï¬nancial legislation, prescripts and procedures to enhance the management of cash ï¬ow in the department. Develop Revenue plan and procedures. Obtain schedule of payments from Provincial Treasury. Manage drawings of the weekly cash request to meet obligations of the department. Prepare monthly cash ï¬ow report for presentation to management. Reconciliation of monthly drawings report with cash request. Manage and direct the Revenue and Cash Management unit's staï¬ and budget.
Requirements: An appropriate three year Bachelor's degree or equivalent qualiï¬cation in Economics /Accounting/Public Finance. The candidate should have in-depth knowledge of the Public Sector budget systems, high-level competence in working with advanced computer applications (PowerPoint, Excel, Word, Macros, Pivot tables, Visual Basic, Outlook, etc). An incumbent should have a sound understanding of government policies, ï¬nancial prescripts and budget processes. Furthermore the candidate should have experience in report writing and publication of high quality budget documents, high level of communication skills and presentation skills and high level of analytical and reporting skills. The post is in a deadline driven environment and it is expected for the candidate to be able to work independently and demonstrate high innovation skills. Valid Driver's license.
Project Management. Budgeting and ï¬nancial analysis. Financial Management and Budget Reforms. Government sector policies. Sound knowledge of PFMA and other ï¬nancial management prescripts. Working knowledge of Basic Accounting System (BAS), PERSAL and other government operating systems.
Duties (Assistant Manager: Budget Planning).
Planning and the execution of the budget process. Preparing of the budget documentation. Appropriation Statement. Budget Statements. Adjustment Estimates and Medium Term Expenditure Framework. Coordinating the submission of the budget. Coordinating the bidding process (Budget Hearings). Prioritization / Planning of the departmental budget. Provide logistical support to the budget events. Development and roll out of budget guidelines to programmes.
Requirements: Three year qualiï¬cation in Public Relations Management, Journalism/ Degree in Communication Science, Three years experience in the ï¬eld of communication, Two years experience in a supervisory level, An excellent organizer with exceptional interpersonal skills, Understanding of Public Service policies, rules and regulations, Understanding of principles of public relations, Understanding of project management principles, Have knowledge of the Public Service Management Act, Computer Literacy, A valid driver's licence is a requirement. Duties: Coordinate development and manage Departmental corporate identity and corporate image strategy, Arrange and manage exhibitions in support of corporate identity of the Department, Reï¬ne and develop eï¬ective internal communication channels, Promote structured relations with relevant internal stakeholders, Coordinate all internal communication initiatives of the department, Distribute daily media clippings to relevant oï¬cials in the department, Select coverage that requires immediate response and recommend action to the communication director, Maintain media statements distribution system, Develop a schedule of diï¬erent editions of the departmental publications and ensure adherence, Content management of the departmental website, Promote service delivery in the ï¬eld of communication in line with Access to Information Act.
The incumbent will co-ordinate the departmental budget and manage the departmental allocation process with provincial policies/growth and development strategy (PGDP).
Requirements: A recognized three year Bachelor's degree in Economics, Accounting and or Financial Management. Computer literate person who is able to design excel spread sheets for budgeting and reporting purposes. MS Project Management will be an added advantage. An incumbent should have a sound understanding of government policies, ï¬nancial prescripts and budget process. Proven record in economic analysis as well as interpersonal and report writing skills. Knowledge of the Public Finance Management Act, MFMA and Treasury Regulations; Ability to interact at both strategic and operational level. Proven ability to work in a highly pressurised environment. Ability to integrate the results of economic analysis with spending allocations. A valid driver's license. Duties: Drive the MTEF and annual budget process and assist programmes in budget compilation. Coordination of the departmental budget. Determine annual budget allocation per function. Determine resource shifts between main divisions within a vote (adjustments). Ensure integration and synergy of budget priorities within the department. Ensuring that new policy proposals are properly costed and the relative priority determined. Develop the funding norms and standards of the NGOs. Monitoring of management and programme implementation including all strategic initiatives. Manage and direct the Budget Planning unit's staï¬ and budget.
Requirements: Candidates must be in possession of a three/fouryear university degree in the Social Sciences/ Development Studies; a post-graduate qualiï¬cation in the above disciplines will be an added advantage. Candidates should have 3years of experience at middle management in the public sector or equivalent position in the private sector and 5years of experience working in the ï¬eld of women development. Code EB Drivers License essential. Computer Literacy: Microsoft Word, Excel, PowerPoint, etc.
Knowledge of and skill in Community Development as it relates to women's issues; Experience in the design of community development projects; An understanding of the human rights approach to women empowerment. Communication and report writing skills. An understanding of the cooperative movement and micro-ï¬nancing. Knowledge of policies relating to women development. Knowledge of policies relating to the management of ï¬nances, human resources and assets in the public sector. Project Management Personal Attributes: Innovative. Sensitivity to gender issues. Leadership. Self-driven Duties: Provide strategic leadership to the Sub-programme: Women Development through planning, budgeting and development of monitoring and evaluation systems. Manage and empower the personnel of the sub-programme in line with the Public Service Act and other policies. Develop and strengthen relationships with the non-government and government sectors. Ensure alignment of plans and budgets to national and provincial priorities. Manage the ï¬nances of the component in line with the Public Finance Management Act.
Salary Scale: R174,243 - R202,287 (Level 9) Centres: Oï¬ce of the District Co-ordinator: Cacadu (1 post), Oï¬ce of the District Co-ordinator: O.R.
Requirements: A 3 year degree / diploma in Administration / Public Relations or Senior certiï¬cate / equivalent NQF qualiï¬cation with at least 3 years relevant experience in managing administration functions. Sound ï¬nancial management background and in-depth knowledge of the PFMA. Supply Change Management. Comprehensive knowledge of HR legislation and departmental policies, rules and regulations. Good planning, organisation and decision-making skills. Willingness to work after hours when needed and the ability to work under pressure. Computer literacy. Valid driver's licence(code 8). Duties: Coordinate activities under District Manager's jurisdiction. Facilitate and monitor district oï¬ce budget and expenditure trends. Oversee the implementation of HR services for the District Oï¬ce. Co-ordinate Supply Chain Management functions and asset and infrastructure needs in the District Oï¬ce. Consolidate reports for the District Oï¬ce.
Requirements: A senior certiï¬cate or equivalent NQF level plus appropriate national diploma in Technology. Extensive experience and proven competency in data and computer text processing. Proven proï¬ciency in MIS oï¬ce suite and vision software. Proven successful staï¬ supervision in a data capturing and text processing environment. Outstanding and high level of accuracy. Valid drivers licence (Code 8). Duties: Manage data for the entire District Directorate. Give support to the managers of the directorate in information management and dissemination. Capture the data as requested by the managers. Development templates for close monitoring of programme initiatives. Organise programmes processing and veriï¬cation of ï¬nalised database of the programmes.
Centre: Cacadu District (1 post), O.R.
Requirements: A 3 year degree/diploma in Administration or Senior certiï¬cate/equivalent NQF qualiï¬cation with at least 3 years relevant experience in managing administration functions. Sound ï¬nancial management background and in-depth knowledge of the PFMA. Supply Change Management. Comprehensive knowledge of HR legislation. Good planning, organisation and decision-making skills. Willingness to work after hours when needed and the ability to work under pressure. Computer literacy. Valid driver's licence (code8) Duties: Coordinate all corporate services for Cacadu. Monitor district ï¬nance, budget and expenditure trends. Oversee the implementation of HR services for the district. Co-ordinate Supply Chain Management functions and asset and infrastructure needs in the district. Consolidate programme 1 reports. Analyse and report emerging trends.
Centre: Cacadu District Salary Scale: R117,505 -R136,419 p.a.
Requirements: A senior certiï¬cate or equivalent qualiï¬cation with 5years experience in registry procedures and policies and exposure to general oï¬ce administration. At least 2 years experience as supervisor. Excellent interpersonal relations and communication skills with organizing capabilities. An understanding of Public Service rules, policies and regulations. Computer literacy. Valid driver's license (code 8) is compulsory. Duties: Manage and ensure that all functions pertaining to registry with regard to the District Oï¬ce is of the standard required in terms of National Archives Act. Conduct record and document management both manually and electronically. General oï¬ce administration. Supervision of staï¬ in registry section.
Centre: Cacadu District - Salary: R76,194 p.a.
Centre: Cacadu District (1 post), O.R. Tambo (1 post), Qaukeni at O.R. Tambo (1 post) - Salary Scale: R49,665 - R54,879 p.a.
Requirements: STD 8 or equivalent qualiï¬cation. 5 years driving experience, good reading and writing skills.
Code 8 is compulsory.
Duties: Driving for District oï¬ce throughout Cacadu District.
Responsible for transporting of goods/mail to and from district to post oï¬ce, as well as to Area Oï¬ces and where ever it is required from the District Oï¬ce.
Centre: Cacadu District - Salary Scale: R117,501 - R136,419 p.a. (Level 7) (Ref: Socdev022) Requirements: A 3 year degree/diploma in Financial Management or equivalent qualiï¬cation plus 2 years practical experiencein an oï¬ce administration environment. 2 years experience as supervisor. Sound knowledge of budget planning and Supply Chain Management. Ability to capture information accurately and in detail. Knowledge of functions of BAS, LOGIS and PERSAL . Understanding of Public Service Regulations. Computer literacy (packages such as Microsoft, Excel, PowerPoint, MS word, Internet etc. Good administration, writing/ typing and communication skills. Good planning, organisation and decision-making skills. Willingness to work after hours when needed and the ability to work under pressure. A sense of responsibility and ability to work with minimal supervision. Duties: Compile various ï¬nancial and supply chain-related documents in line with requirements of applicable legislative framework. Identity irregular / non-complaint submissions. Document control management. Provide administrative support in the oï¬ce. Assist in compilation and management of the oï¬ce report. Follow up on deadlines. Maintain and update the ï¬ling system regularly.
Centre: Cacadu District (1 post), Qaukeni at O.R. Tambo (1 post) Salary Scale: R76,194 - R88,464 p.a.
Requirements: Senior Certiï¬cate or equivalent qualiï¬cation. Computer literacy. Communication skills (verbal and written) Knowledge of PFMA and Supply Chain Management Knowledge of MIS will be an added advantage. Duties: Conduct record and document management, both manually and with advanced computer systems. Procure and provide goods for the Directorate. Arrange and co-ordinate meetings, workshops, seminars and etc with oï¬cials and/or relevant stakeholders. Provide logistic support functions, such as transport administration and monitor budget expenditure patterns and monthly projections for the unit.
Centre: Qaukeni at O.R. Tambo (1 post) Salary Scale: R94,326 - R109,515 p.a. (Level 6) (Ref: Socdev024) Requirements: Senior Certiï¬cate plus two years relavant experience or equivalent qualiï¬cation. Computer literacy. Communication skills (verbal and written) Knowledge of PFMA and Supply Chain Management Knowledge of MIS will be an added advantage. Duties: Conduct record and document management, both manually and with advanced computer systems. Procure and provide goods for the Directorate. Arrange and co-ordinate meetings, workshops, seminars and etc with oï¬cials and/or relevant stakeholders. Provide logistic support functions, such as transport administration and monitor budget expenditure patterns and monthly projections for the unit.
Centre: Bhisho - Salary Scale: R145,920 - R169,410 p.a.
Requirements: B degree in labour Relations Management or B Admin degree or appropriate National Diploma with labour law as a subject, plus three years appropriate experience in Labour Relations. Knowledge of the relevant legislation (ie. Labour Relations Act, Basic Conditions of Employment Act, Public Service Act, Public Service Regulations PFMA etc). Relevant experience in a unionized environment. Duties: Advise management on sound labour relations issues. Promote sound labour practices and maintain discipline within the Region. Facilitate the dissemination of information in respect of Labour Relations. Implementation and compliance with relevant policies and legislation. Handle misconduct cases, grievances and disciplinary matters. Guide and train line functionaries in labour relations. Maintain database and generate reports, prepares and handles cases referred to Commission for Conciliation, Mediation and Arbitration. Take responsibility for eï¬ective service delivery to the Department as well as the Public.
Requirements: A recognized three year Bachelor's degree in Economics, Accounting and or Financial Management coupled with proven relevant experience in Budget Management. An incumbent should understand government policies and budget process. An incumbent should have knowledge and understand Sectoral policy/ legislation. Understand the impact of ï¬nancial and economic models. Ability to analyze planning frameworks which include Medium term Strategic frameworks, PGDP's, IDP's, and Strategic Plans. Ability to provide budget allocation advice (Negotiate and Motivate). A ï¬exible individual with proven strategic planning, organizing and leadership skills. Interpersonal skills are critical as the budget management function interacts with various stakeholders. Knowledge of the Public Finance Management Act, DORA, Treasury Regulations and other public ï¬nance prescripts. Ability to interact at both strategic and operational level. Proven ability to work in a highly pressurized environment. Good written and verbal communication skills. Ability to integrate the results of economic analysis with spending allocations. Project Management Skills. Ability to integrate the results of economic analysis with spending allocation. A valid driver's license and willingness to travel is essential.
Project Management. Budgeting and ï¬nancial analysis. Financial Management and Budget Reforms. Government sector policies. Sound knowledge of PFMA and other ï¬nancial management prescripts. Working knowledge of Basic Accounting System (BAS), PERSAL and other government operating systems. Duties: Provide recommendations on budget allocations. Assess cost implications and limit liabilities associated with the introduction of new policies, projects, etc. Ensure that the spending is in line with departmental policies and aligned with the provincial priorities. Provide advice on resource shifts under main division and virements within a vote (adjustments). Monitor the implementation of Departmental Budgets. Assess expenditure trends, compile and submit expenditure reports. Promote and implement and budget reforms. Provide Sectoral and departmental policy advice. Monitoring the Transfers and subsidies paid to NGOs and CBOs and infrastructure spending of department.
Centre: O.R. Tambo (1 post) (Ref: Socdev027) Requirements: ABET and or relevant general experience in Warehousing. Duties: Rendering of support service in loading and oï¬ loading of all material received by Warehouse. Assist in the arrangement of oï¬ces. Assist in packing of items on the shelves in the warehouse.
Salary Scale: R76,194 - R89,346 p.a.
Centre: Qaukeni at O.R.
Requirements: Senior certiï¬cate or equivalent qualiï¬cation. Experience in the public sector and Human Resource will be an added advantage. An understanding of the Public Service rules, policies and regulations. Knowledge of PERSAL. Ability to work independently. Computer literacy. Communication skills (verbal and written). Duties: Render support in Human Resource and provisioning processes. Render all PERSAL functions with respect to Establishment matters. Provide support to relevant oï¬ces with regard persal and establishment.
The Department of Social Development is an equal opportunity, aï¬rmative action employee. Application must be submitted on Form 283, obtainable from any Public Service Department and should be accompanied by a comprehensive CV and certiï¬ed copies of identity document and qualiï¬cations. Candidates must please indicate the reference number / center of posts he/she is applying for and ï¬ll in a separate form for each post, if applying for more than one. No faxed application will be allowed.
Social Development, Private Bag X0039, Bhisho, 5605 or hand deliver at Phalo House, 1st ï¬oor, Room 131, for the attention of Ms A Booi, tel (040) 608-5857.
FOR O.R.
Social Development, Private Bag x 6000, Umtata 5099, or hand deliver at Room number 1045, 10th ï¬oor, Botha Sigcau Building, for the attention of Mrs Mabhongo.
Mabhongo at (047)531-2504.
<fn>GOV-ZA.15En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.15february20071En.2012-02-10.en.txt</fn>
South Africa's preparations for the 2010 soccer World Cup are receiving considerable attention as progress in planning, infrastructure and achieving a state of readiness is monitored and debated.
Official statistics cannot claim to compete with soccer in the popular imagination. However, Statistics SA's hosting of the 57th session of the International Statistical Institute (ISI) less than a year before the World Cup event is placing demands on infrastructure. Our state of readiness is under considerable scrutiny.
Statistics often seem to lead soccer, with the World Cup faithfully following the ISI at least as far as the host country is concerned: the 2001 ISI session in Korea was followed by the same country hosting the World Cup in 2002; the trend continued for Germany - ISI in 2003, World Cup in 2006; and South Africa hosts the ISI in 2009 and the World Cup in 2010.
At the 54th ISI session in Berlin in 2003, a delegation first proposed that South Africa host the 2009 gathering. Submitted on behalf of South Africa's then-ambassador to Germany, Sibusiso Bhengu, this application carried the authority of the cabinet and was jointly presented by the president of the SA Statistics Association, and the statistician-general.
Two years later, ISI's 55th session in Sydney invited South Africa to host the 57th gathering in 2009.
Although the ISI is one of the world's oldest scientific institutes, established in 1885, this will be its first meeting on African soil.
The ISI is composed of about 2 000 elected members who are recognised as the definitive leaders in the field of statistics. Its membership crosses all borders, representing about 133 countries.
This reservoir of expertise is supplemented by about 3 000 additional members of the institute's specialised sections. This includes the celebrated Bernoulli Society for Mathematical Statistics and Probability and various international associations dealing with official statistics, statistical computing and statistical education.
At its biennial meetings, members exchange ideas, develop links and discuss trends in the statistical world. The Berlin gathering, for example, saw 2 500 delegates from 110 countries participating in 87 meetings where 300 papers were discussed.
Preparations for the ISI 2009 are well under way. According to ISI guidelines, consultations between the host country and the ISI executive committee must take place in the host country, during which preparations are concluded. This week, ISI president Denise Lievesley, ISI scientific committee chairman John Kovar and the director of the ISI permanent office, Daniel Berze, are in South Africa for a first state-of-readiness consultation.
Consultation with national political leadership is encouraged, and usually involves a discussion with the minister responsible for statistics in the host country. It is anticipated that the delegation will meet with finance minister Trevor Manuel.
Hosting an ISI session will enable many local statisticians to attend this premier international meeting and establish contact with leading statisticians of the world. It will allow Statistics SA to present its programmes to an international audience, strengthening them through the critiques offered.
It will also strengthen the teaching of statistics at local universities, technikons and schools, and develop the use of statistical methods in areas such as commerce, medicine, agriculture and telecommunications. It is estimated that up to 3 000 global delegates will attend, spending 10 days at the main conference in Durban. Additional delegates will attend satellite conferences, some of which may be held in other southern African countries.
The 57th ISI session will take place at the mid-point of the 2010 round of African population and housing censuses. These are critical for improving data collection systems in Africa and for monitoring and evaluating its strategies.
ISI's presence will represent the groundswell of support for these endeavours. ISI 2009 will take place only months after South Africa's third round of democratic national elections, and less than a year before the soccer World Cup. These separate events signify the linked processes of democracy, development and South Africa's growing international role.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA.
<fn>GOV-ZA.15february20081En.2012-02-10.en.txt</fn>
In his state of the nation address last Friday, President Thabo Mbeki referred on a number of occasions to poverty alleviation and reduction.
Poverty eradication, a "national war room" for a battle against poverty, and an anti-poverty strategy were central elements of the president's "apex priorities".
While national statistical agencies are not generally involved in poverty alleviation, they are at the heart of monitoring policies to address poverty and its consequences. To assess progress in reducing poverty, common definitions, sound methodologies and hard data are needed and this is where Statistics SA comes in.
Measuring poverty is not simple. It assumes a standard poverty definition. Stats SA has useful data for assessing changes in poverty, including two censuses and successive income and expenditure surveys, but these were not designed to measure poverty and poverty reduction.
While comparison of these data sets can provide some indicators of poverty, the uniform approaches to poverty measurement required for sound assessment are not present.
This is the background to Stats SA's Living Conditions Survey (LCS), a comprehensive poverty survey to address the multidimensional character of poverty. If successful, the LCS will change the current process of having to use data from a variety of sources in order to arrive at a poverty measure.
The LCS aims to collect data to describe poverty, inform poverty indicators, measure the extent and distribution of poverty and set up a framework as a basis for future poverty measurements.
Data will be collected from 30 000 households for a year through questionnaires and diaries, starting in September.
Gathering data to measure poverty is an advance over the use of separate data sets based on surveys designed to measure other phenomena. But this still begs the question of a baseline to identify poverty and measure progress in poverty reduction. The establishment of a "poverty line" will enable the government to measure and track progress in addressing monetary poverty.
In its simplest form, a poverty line consists of food and non-food requirements. The first element is arrived at by estimating the cost of a minimum basket of food to meet the daily energy needs of an average adult. This can be derived from reported consumption of food by South African households. The non-food component can be obtained from reported consumption of non-food items by South African households.
Poverty measures in these two areas are relatively straightforward and easy to understand and use. Design of the pilot poverty line is nearing completion and will be finalised once the latest consumer price index statistics are available.
However, it is more complex to construct a single index combining the many dimensions of poverty, such as health, education, life expectancy and basic needs.
Both approaches are required to measure progress in addressing poverty.
Stats SA will continue to develop statistically and theoretically sound measures of multidimensional poverty.
Pali Lehohla is South Africa's statistician-general and head of Statistics South Africa. For more information on Stats SA and its statistical output,, visit www.statssa.gov.za, or contact user services on (012) 310-8600.
<fn>GOV-ZA.15jul20041En.2012-02-10.en.txt</fn>
The nature of statistical revision and change, which is a hallmark of continuous processes of quality improvement, has often been discussed in Inside Statistics.
Attention has also been drawn to the necessary balancing of stability and change. Continuity in time-series is essential so that long-term comparisons can be made and improvements in quality based on new methodologies and better coverage of the economy can introduce discontinuities in long-range comparability.
National accounts are influenced by improved quality and more extensive coverage of economic activity.
For example, gross domestic product (GDP), which is an output of national accounts, is based on a range of statistical data sources that are consolidated into a single coherent system. Changes in these data sources, whether as a result of revision to data or the methodologies used to gather the data, naturally influence the calculation of GDP.
Revision of previous GDP estimates and rebasing and benchmarking have also been discussed and explained. Although the effect of these factors will be seen most clearly in November, when GDP data will be released, revision of estimates is a routine part of national accounting.
The international standard South Africa adheres to (the UN system of national accounts) requires national accounts estimates to be benchmarked frequently. Statistics SA aims to do this at least every five years.
Stats SA is not alone in its concerns that some roleplayers do not seem to have understood the routine nature of statistical revision.
Len Cook, the head of the UK's Office of National Statistics (ONS), noted in a recent paper that "revisions to key economic series produced by ONS [have] attracted a great deal of comment and criticism. However, this reaction has not always acknowledged the complex statistical framework within which revisions take place. Revisions to official statistics are expected and inevitable."
In his paper, Cook referred to a Swedish report comparing GDP revisions made in 11 countries over nearly 20 years - a powerful indication of the routine nature of statistical revision, particularly in national accounts. Cook argued that absolute stability and continuity in statistical series in a fast-changing world were "naive" expectations on the part of users.
"We have seen rapid change in the target populations of nearly all statistical sources, whether they relate to persons, businesses, products, transactions or life events. Our statistical tools are also changing rapidly, bringing new expectations of what they should deliver."
It is of concern that the routine nature of statistical revision has been misunderstood by some commentators. Worse is the attribution of a conspiracy to this transparent and routine activity.
To suggest that "South Africa's GDP is about to change in strange ways when figures are released in November" because "Stats SA is altering the way the GDP figure is calculated" - as a columnist in a Sunday newspaper recently did - is to seek conspiracy in what is both ordinary and transparent.
Perhaps the final word is best left to Cook, one of the best respected and most experienced of national statisticians. Calculation of economic measures, he noted, "relies upon assumptions of continuity for structures and structural relationships for fixed periods. From time to time the underlying structural assumptions are updated giving rise to potential revisions."
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its outputs, visit www.statssa.gov.za or contact (012) 310-8600.
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No country's economy is static.
This statement masks a less obvious truism for statistics: the ways of measuring the economy cannot be stagnant.
They require continuous assessment and revision to take account of changes in the structure of the various sectors.
Statistics SA's recently adopted work programme for the period 2006/07 through 2008/09 details some of the planning Stats SA has introduced to take account of continuous change in the economy.
As the programme notes, economic measurement would place increased emphasis on capital formation by both the public and private sectors, which would be boosted by several major construction projects and industrial investments over the period ahead.
Government investment spending on key transport networks - road, rail and ports infrastructure - would increase markedly in 2006 and beyond.
Changing economic priorities and related changes in the structure of the economy influence the way in which the economy is measured. Gross domestic product (GDP) is the central indicator, measuring overall economic growth and growth in each sector.
In its work programme, Stats SA has prioritised a number of sectors where new or revised instruments are required for the improved measurement of GDP.
transport, where a new survey will replace the old land and freight transport survey suspended two years ago because of inadequate coverage of the sector.
The new transport survey will be one of the first of these new initiatives to come on line, with data collection scheduled to begin in November 2006.
The old land freight transport survey, last published in March 2004, collected information on total gross turnover, tonnage transported, income of commodities transported and kilometres travelled.
However, the survey gathered data only on one element of land transport, while the structure of the transport industry increasingly requires coverage of other modes of transport and related activities.
supporting and auxiliary activities, which include cargo handling, storage and warehousing, and travel agency and related activities.
Major stakeholders in the transport industry from both the public and private sectors have been involved in supplying information used in the planning of the survey and research into required coverage of the sector.
The old survey instrument measured only one part of land freight transport and as a result, data for estimation of the transport industry's short-term behaviour and consequent contribution to quarterly GDP growth were inadequate.
Additionally, the structure of the transport sector was changing, with a shift from rail to road transport, an increase in air transport and the development of a supporting and auxiliary sector.
This survey will allow users to track the behaviour of the sector on a monthly basis and will supplement information currently obtained on a quarterly and annual basis through other survey instruments.
The introduction of a new survey instrument to measure economic activity in the transport sector is a good indication of the way in which the collection of economic statistics is subject to the process of continuous improvement and necessary change.
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The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), is the supreme law of the country and binds all legislative, executive and judicial organs of the State at all levels of government.
In terms of Section 165 of the Constitution, the judicial authority in South Africa is vested in the courts, which are independent and subject only to the Constitution and the law.
No person or organ of State may interfere with the functioning of the courts, and an order or decision of a court binds all organs of State and persons to whom it applies.
The Department of Justice and Constitutional Development is responsible for the administration of the courts and constitutional development.
It is the mission of the Department to uphold and protect the Constitution and the rule of the law. The Department is accountable to the public and the State in rendering accessible, fair, speedy and cost-effective administration of justice in the interest of a safer and more secure South Africa.
The judicial authority in South Africa is vested in the courts, which are independent and subject only to the Constitution and the law.
appropriate legal services and the sound management of courts, and alternative dispute-resolution mechanisms.
It performs these functions in conjunction with judges, magistrates, the National Director of Public Prosecutions (NDPP) and the Directors of Public Prosecutions (DPPs), who are independent.
The Department's responsibilities include the provision of adequate resources for the proper and efficient functioning of the criminal and civil justice systems. It provides legislation and administrative support for the establishment of institutions required by the Constitution.
One of the biggest challenges facing government was, and still is, the successful transformation of the justice system.
The Department of Justice and Constitutional Development is undergoing a restructuring process.
Improve service delivery to internal and external clients to enhance client satisfaction.
Ensure that business is conducted efficiently and in a cost-effective manner, with the primary focus on courts and other services rendered to the State and the public. This includes improving productivity in the courts and making justice more accessible and affordable.
Legislative and Constitutional Development.
Public Education and Communication.
The NPA structure includes the National Prosecuting Services (NPS), the Directorate: Special Operations (DSO), the Witness-Protection Programme, the Asset Forfeiture Unit (AFU) and specialised units such as the Sexual Offences and Community Affairs Unit and the Specialised Commercial Crime Unit.
In terms of the NPA Amendment Act, 2000 (Act 61 of 2000), the DSO is a distinct and autonomous agency.
The NPA has made steady progress in achieving its priorities. Generally, productivity in courts is increasing, but this has to be viewed in the light of substantial increases in the number of new cases. Between January 2002 and December 2002, the lower courts finalised a total of 833 594 cases, of which 421 213 were withdrawn. Outstanding cases on the lower courts' rolls decreased from 195 638 in January 2002 to 180 953 by the end of December 2002. Over the same period the conviction rate was 81%. The High Courts finalised 1 684 cases between January 2002 and the end of September 2002. Of these, 288 were rape cases referred by the lower courts, for which the High Court must give at least the minimum sentence; with 1 130 receiving a verdict of guilty (81%). There was an outstanding roll of 1 048 cases and 1 827 new cases were registered.
The Office of the NDPP is the head office of the NPA. The prosecuting authority vests in the NDPP. This authority can be and has been delegated to other members of the NPA.
institute and conduct criminal proceedings on behalf of the State carry out any necessary functions incidental to instituting and conducting such criminal proceedings discontinue criminal proceedings.
The DSO pursues its objectives, and complies with its legislative mandate through the application of numerous legislative tools. In addition to the NPA Act, 1998, other statutes include the Prevention of Organised Crime Act, 1998 (Act 121 of 1998), International Cooperation in Criminal Matters Amendment Act, 1996 (Act 75 of 1996), and the Extradition Amendment Act, 1996 (Act 77 of 1996).
The DSO is committed to the investigation of matters that are national in scope, and concentrates on those crimes that threaten national security and economic stability. The more complex and protracted the investigations and higher up the criminal target, the more appropriate the matter would be for DSO selection. In many instances, these highimpact investigations fall outside the scope and capacity of the South African Police Service (SAPS).
The following three delineated areas fall within this strategic focus: organised corruption, transnational organised crime, and serious and complex financial crime.
The DSO has specifically initiated investigations in respect of transnational drug syndicates, such as West-African and Chinese drug syndicates with strong international links. It has developed operational liaison with international law enforcement agencies such as the United States (US) Federal Bureau of Investigation and Drug Enforcement Administration, United Kingdom's (UK) Scotland Yard, and UK Customs and Excise, which allows for international collaboration.
In the area of serious and complex financial crime, DSO investigations are evidence of its intention to penetrate crime markets that have in recent years been out of the reach of traditional law enforcement. The DSO has initiated investigations into organised publicoffice corruption. It has developed an ambitious, though realistic strategy, based on a customised model of successful overseas anti-corruption programmes.
By September 2002, the DSO had finalised 210 prosecutions over a period of 18 months. Eighty-five of these were finalised in the last seven months with a 93% conviction rate. In those seven months, an additional 43 major case investigations were initiated, bringing the total number of projects on its books to 500, one-third of which had already appeared before the courts.
The Department of Justice and Constitutional Development raised more than R700 000 for civil organisations fighting women and child abuse through the National Signature Pledge held during the 16 Days of Activism for No Violence Against Women and Children Campaign in 2002.
Over 580 000 people, including President Thabo Mbeki and several sporting and international personalities, supported the Campaign.
The money was disbursed to the different nongovernmental organisations by the Foundation for Human Rights.
The Campaign was repeated in 2003.
In terms of Chapters 5 and 6 of the Prevention of Organised Crime Act, 1998, the AFU can seize and forfeit property that is the proceeds of crime, or property that has been used to commit a crime.
develop the law by taking test cases to court and creating the legal precedents necessary to allow for the effective use of the law build capacity to ensure that asset forfeiture is used as widely as possible to make a real impact in the fight against crime.
The use of asset forfeiture to fight crime has been one of government's important innovations. By June 2003, the AFU had initiated over 300 cases and frozen nearly R500 million worth of criminal assets. There was more than R25 million in the Criminal Assets Recovery Account, which will be used to fight crime.
A special investigation and tribunals unit was appointed in March 1997 to probe corruption and maladministration in government.
This Unit focuses on violent and indecent offences committed against women and children, as well as on family violence, child support and child justice. It ensures that these cases are prioritised, monitors the quality of delivery, and ensures that victims and witnesses receive decent treatment in courts.
The Unit also seeks to improve the investigation and prosecution of rape cases. To this end, four multidisciplinary rape care centres, known as the Thuthuzela Care Centres, have been established.
The Centres comprise police investigators, medical personnel, social workers, prosecutors and community volunteers who assist in addressing the underreporting of rape cases.
These teams have also contributed to speeding up and humanising rape investigations, developing accurate data-collection tools, and building better co-operation and communication between victims and the justice system.
In June 2002, the Unit began training prosecutors in the handling of domestic violence. It also recruited and trained maintenance prosecutors. In addition, prosecutors countrywide have been trained to deal with child-justice matters. Since the inception of child-justice committees co-ordinated by prosecutors, some 9 990 offenders have been diverted from the criminal justice system (CJS).
By July 2003, 40 Sexual Offences Courts had been established countrywide.
The fight against sexual offences is a national priority. The Department of Justice and Constitutional Development is busy with a programme of providing facilities at courts where child witnesses, especially in childabuse cases, can testify in a friendly and secure environment without the risk of being intimidated.
New child-witness rooms are furbished with one-way glass partitions adjacent to the courtrooms. Where it is impossible to provide such rooms in existing buildings, other rooms away from the courts are utilised by providing a closed-circuit television link.
Significant progress has been made in this regard. Some 35 rooms have been provided with one-way glass partitioning, while 178 closed-circuit television systems have been installed.
Twenty of the Sexual Offences Courts are blueprint-compliant while a further 20 Regional Courts are dedicated to hearing mainly sexual offences cases.
The Department of Justice and Constitutional Development, the NPA, the Department of Social Development and the SAPS have established a close working relationship and have developed a national strategy for the accelerated roll-out of Sexual Offences Courts.
The Office of the NDPP and the Department of Justice and Constitutional Development have identified several additional areas for the creation of these Courts. Similar court structures have been included as a standard requirement for all future building projects.
The mission of the NPS is to raise the levels of productivity in the NPA and make it efficient and credible.
The unit has to ensure proper planning of court rolls, prioritisation, proper preparation and arrangement for all cases to be heard, and the avoidance of unreasonable delays.
Between 2000 and 2002, District Court rolls decreased to 127 per court, and to 106 in Regional Courts.
In addition, there has been a dramatic increase in cases finalised with a verdict of guilty.
The conviction rate in District Courts is over 80%, and in Regional Courts approximately 70%.
By mid-2003, integrated justice system (IJS) Court Centres had been established at 39 lower courts throughout the country. The IJS Project has resulted in improved case preparation and reduced case-cycle times. Court statistics show that the average cycle time of cases has declined from 110 to 74 days. The Court Management Information System (MIS) reports aspects such as the number of cases finalised per courtroom and per judicial officer, cases withdrawn as a proportion of cases disposed of, and the number of new cases per courtroom and per judicial officer. Encouraged by the initial results, the Department decided to extend the Southern Gauteng Pilot Project to the rest of the courts in Gauteng and all the courts that have IJS Court Centres.
The Pretoria-based Specialised Commercial Crime Unit was established in 1999 to bring specialisation to the investigation, prosecution and adjudication of commercial crimes.
Three new courts and offices were established in the Johannesburg and Pretoria central business districts for specialised commercial crime cases.
The Johannesburg and Pretoria Courts will eventually be followed by similar courts in Durban and Cape Town.
Before the establishment of the Specialised Commercial Crime Courts, only 6% of all perpetrators prosecuted were convicted, compared with the 23% conviction rate at the Pretoria Court.
The Specialised Commercial Crimes Unit had a conviction rate of more than 95% in 2002.
The Office for Witness Protection falls under the auspices of the NPA. The Office is responsible for the protection of witnesses in terms of the Witness Protection Act, 1998 (Act 112 of 1998), and its regulations.
It also makes provision for placing a person related to the witness under protection at the request of the witness, prospective witness or a person who has given evidence or is required to give evidence in criminal proceedings or before a commission of inquiry.
The 2003/04 budget for witness protection amounted to R36 524 million.
The Programme does not offer incentives to witnesses of serious crimes such as those offered by the SAPS.
Instead, the Programme offers sustenance in the form of a food allowance, replacement of salary if employment has been lost, free accommodation including all municipal services, a clothing allowance, transport, a housing allowance for school-going children, medical expenses, etc.
At the end of March 2003, there were 326 potential testifying witnesses admitted to the Programme. The total number of people in the Programme is 704, including family members. The average gross monthly expenditure stands at R1 775 million.
Between January and March 2003, the following was realised through the involvement of the Witness-Protection Programme: some 87 cases were finalised, 114 witnesses testified, the number of accused persons stood at 183, while 141 convictions took place, 42 persons were acquitted, and the combined jail terms amounted to 2 626 years and 72 life sentences.
In May 1999, South Africa's first Community Court, aimed at alleviating the burden placed on the justice system by petty crimes and social disputes, was launched at the Kyalami Metro Council in Gauteng. The pilot project is guided by members of the SAPS, the Department of Justice and Constitutional Development, and non-governmental organisations (NGOs). It promotes community participation in justice administration and policing.
The South African Law Reform Commission (SALRC) is finalising a report on Community Courts.
During 2002/03, the Department delivered new Community Courts at an unprecedented rate. Some R211 138 million was spent on establishing new courts at Botshabelo, Queenstown, Kroonstad, Khutsong, Khayelitsha, Blue Downs, Patensie and Middledrift. Ongoing extensions at various other Courts ensured that the capital budget was put to the best possible use.
In October 1999, the South African Revenue Service (SARS) opened a criminal courtroom at the Johannesburg Magistrate's Office dedicated to the prosecution of tax offenders. The Court deals only with cases concerning failure to submit tax returns or to provide information requested by SARS officials. It does not deal with bigger cases such as tax fraud.
Another SARS court is operating twice a week at the Magistrate's Office in Roodepoort.
Discussions to decentralise and expand such a Court to the bigger centres in the country have taken place between SARS and the Department.
In terms of Section 22(8) of the NPA Act, 1998, the NDPP may authorise any competent person to conduct prosecutions in respect of statutory offences. Representatives from the NPA and SARS are engaged in discussions to appoint suitable officials to deal exclusively with the prosecution of income-tax offenders.
A specialised Family Court structure and extended Family Advocate services are priority areas for the Department.
The Family Court Blueprint was developed by the Family Court Task Team in 2002 to support the existing five pilot projects in becoming fully fledged successful Family Courts, and thereafter the rolling out of Family Courts to other magisterial districts.
give wide and specialised protection and help to the family as the fundamental unit in society bring about access to justice for all in family disputes improve the quality and effectiveness of service delivery to citizens who have family law disputes.
The Family Court Blueprint recommended that 17 interim projects be established to strengthen the existing pilot projects. The Department is implementing these recommendations as part of the restructuring of the Courts.
Municipal Courts are being set up in the larger centres of South Africa in conjunction with municipalities. They are Magistrate's Courts but deal only with traffic offences and contraventions of municipal by-laws.
They are set up in a partnership agreement in that administrative and infrastructural support is supplied by the municipality, while magistrates are provided by the Department. Pretoria, Johannesburg, Port Elizabeth and Nelspruit either have Municipal Courts already or are in the process of setting up these Courts. These Courts assist in addressing the backlogs and severe workloads of the other lower courts.
The role of Equality Courts, which are to be rolled out countrywide, is to enforce the provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000).
The Act outlaws unfair discrimination and allows for the creation of Equality Courts within the Magistrate's and High Courts, each to be presided over by an equality court officer.
The Act further authorises the Minister of Justice and Constitutional Development to appoint an Equality Review Committee to monitor the implementation of the Act's provisions.
By June 2003, 62 Equality Courts were in operation.
State Legal Services provides government with legal services and facilitates constitutional amendments through three subprogrammes.
Legal Services to the State provides for the work of the State Attorney and State law advisors. The former acts as attorney, notary and conveyancer for government. State law advisors provide legal opinions, scrutinise and amend international agreements and draft legislation and attend relevant Parliamentary Portfolio Committees as legal advisors for all national departments.
The Legislative and Constitutional Development Unit is responsible for promoting, maintaining and developing the Constitution and its values by researching, developing and promoting appropriate legislation. It includes the research activities of the SALRC, which involve extensive reviews of wide areas of law and legal practice. The Unit established a section for statutory-law revision in 2002, which researches and develops legislation, researches possible future legislation, and develops reports for the Minister on a range of issues.
The Master of the High Court is responsible for the administration of deceased and insolvent estates, companies and close corporations in liquidation, trusts and the Guardians Fund, as well as the property of minors, persons under curatorship and absent persons.
Human rights, in terms of Chapter Two of the Constitution, bind all legislative and executive bodies of State at all levels of government.
They apply to all laws, administrative decisions taken and acts performed during the period in which the Constitution is in force.
freedom from discrimination a right to life.
The Department of Justice and Constitutional Development is one of the four core departments in the Criminal Justice Cluster that has been tasked with the implementation of the National Crime Prevention Strategy (NCPS). This is government's official strategy to combat, control and prevent crime. (See Chapter 17: Safety, security and defence.
co-ordinating and integrating departmental activities of all role-players involved in crime prevention.
The IJS Board was established in 1997 to integrate the activities of departments in the Justice Cluster in a co-ordinated manner.
The underlying principle in establishing this System is the re-engineering of business processes through the necessary technology to ensure effective interaction and transition between the respective departmental responsibilities.
Development of a framework detailing the business processes that will be reengineered in an integrated manner. By July 2003, the project was nearing completion, the results of which are going to be used to finalise the design of the initial build of the integrated business process, for subsequent release and implementation.
Establishment of the necessary infrastructure to enable the IJS. Each department has been tasked with the responsibility of ensuring that the required infrastructure is put in place for the deployment of the IJS elements.
Establishment of the Virtual Private Network. This task has been assigned to the State Information Technology Agency.
Identification System that has been procured. The project consists of an Automated Fingerprint Information System (AFIS), the National Photographic Identification System (NPIS), and a database of all DNA samples. By July 2003, these systems were largely complete. However, they still have to be placed within the IJS framework to facilitate the management of the person through the justice process, which not only includes the offender, but also the victim and witnesses.
Development of the necessary businessintelligence capacity within the Justice Cluster, which was expected to move into a new phase during 2003/04.
Integrated Case-Flow Management System, which includes Case, the Person (offender, victim and witness) and the Exhibit business processes. These processes are seen to be the primary business capabilities which are to be supported by the main functionalities of work flow, document management, scheduling and event notification.
Framework development - by July 2003, the project was almost concluded.
Business enablement - a core strategy has been developed and demonstrated.
Reference-data management - initial requirements have been delivered.
Business intelligence - two business areas were ready for implementation by July 2003.
Identification service - the NPIS enhancement is nearing completion. Since its implementation in September 2002, AFIS has reduced the backlog in fingerprint searches from 84 891 to 32 169.
Inmate tracking (offender/persons management).
Improved database capacities.
The Court Process Project (CPP) - a functional baseline has been established for court processes across departments.
The CPP roll-out to 13 police stations in the Durban Magistrate's Court area is showing good progress.
The CPP provides for the automation of civil and criminal case-management systems. The objective is to implement it in all 450 Magistrate's Courts countrywide, together with the associated Community Safety Centres, prisons and social development institutions.
In relation to the Department, the 2003/04 priorities of the IJS - focusing on promoting service-delivery excellence in the CJS - are to increase the efficiency of the courts, especially the handling of sexual-assault crimes. The Department is recruiting court managers to take over the administrative function of magistrates following the decision to separate administrative and judicial functions.
Courts are working longer hours, and between 1999 and 2001 there was a 49% increase in the number of daily court sittings. As a result, the number of cases finalised in courts has increased since 2001.
To deal with case backlogs, 3 027 Saturday and additional court days were introduced. Between January 2002 and March 2003, these courts finalised 27 570 cases. More courts are being encouraged to sit over weekends to reduce unacceptable case backlogs.
There has been a positive reversal in the ratio between sentenced and other prisoners, owing to the overall improvement in court efficiency. During 2002, 18 new permanent judges were appointed and further appointments are being processed. An amount of R20 million was set aside to increase the number of magistrates and prosecutors to cope with escalating court rolls.
For 2003/04, an amount of R229 million was allocated for capital works and R35 million for the upgrading of existing infrastructure. Construction of new court buildings is under way in Tembisa, Benoni, Boksburg, Scottburgh, Atteridgeville, Randburg, Pretoria North, Atamelang, Sasolburg and Sebokeng.
The e-Justice Programme was developed to transform the Department into an equal role-player in the IJS. The Programme is a multi-year development that consists of four components.
Digital Nervous System (DNS) Project, which entails rapid infrastructure deployment throughout all the Department's offices. The Project was scheduled for completion by December 2002, but the baseline deadline could not be met and has been extended to 2004.
Financial Administration System, which consists of four projects involving the automation of the Guardian's Fund, bail, maintenance, and the State Attorney's trust accounts. The development phases of the projects have been completed and roll-out was due to start in 2003.
MIS, which is designed to provide essential information necessary to manage the Department. The MIS has been incorporated into and will now be a subproject of the DNS.
In terms of the Constitution, legislative authority is vested in Parliament, which consists of the National Assembly and the National Council of Provinces (NCOP). South African legislation is constantly revised to meet changing circumstances in a dynamic and developing society. This is done on the advice of the legal sections of various government departments and the SALRC, after consultation with all interest groups.
Since April 1994, the Department has promoted more than 100 Bills. The Department's legislative programme was dominated by three main themes, namely, legislation to give effect to the spirit of the new constitutional dispensation, legislation to address the crime problem prevailing in South Africa, and legal reform.
The Department of Justice and Constitutional Development's Maintenance Outreach Programme was launched by the Deputy Minister of Justice, Ms Cheryl Gillwald, in Cape Town in March 2003.
The Outreach Programme is aimed at educating people about their rights and responsibilities with regard to maintenance and child support, appointing maintenance investigators to improve the payment of maintenance and progress in the modernisation of systems for the collection and distribution of maintenance.
The Department implemented the Maintenance Act, 1998 and the Domestic Violence Act, 1998 in November 1999 to make a difference to the lives of vulnerable women and children. The Department has also started appointing contract maintenance investigators in 55 of the Maintenance Courts.
The Open Democracy Bill was introduced to Parliament in August 1998. Amendments were made and Parliament finally approved the Promotion of Access to Information Bill, 2000 in January 2000. The Promotion of Access to Information Act, 2000 grants the right of access to information referred to in Section 32 of the Constitution.
The Act generally promotes transparency, accountability and effective governance of all public and private bodies.
The Act, with the exception of a few sections, came into force on 9 March 2001.
The Promotion of Access to Information Amendment Act, 2002 (Act 54 of 2002), was published in the Government Gazette in January 2003. The aims of the Amendment Act are to amend the definition of 'court' in the principal Act and to provide for the training of presiding officers in Magistrate's Courts. The Department has approached the Minister to designate all Magistrate's Courts as Access of Information Courts.
The Act is aimed at the provision of lawful, reasonable and procedurally fair administrative action as contemplated in Section 33 of the Constitution.
The Act, with the exception of Sections 4 and 10, came into force on 30 November 2000.
The Promotion of Administrative Justice Amendment Act, 2002 (Act 53 of 2002), was published in the Government Gazette in February 2003. The aims of the Amendment Act are to amend the definition of 'court' in the principal Act and to provide for the training of presiding officers in the Magistrate's Courts for purposes of the Act.
The objectives of the Act include the prevention and prohibition of unfair discrimination, redress for discrimination, the promotion of equality and progressive eradication of discrimination.
The Promotion of Equality and Prevention of Unfair Discrimination Amendment Act, 2002 (Act 52 of 2002), was published in the Government Gazette in January 2003. The objectives of the Amendment Act are to further provide for the training and designation of presiding officers of Equality Courts for purposes of the Act, to provide for the designation of Magistrate's Courts as Equality Courts, to further regulate the training of clerks for Equality Courts and to provide for related matters.
The Department is in the process of approaching the Minister to designate Magistrate's Courts as Equality Courts.
Article 40(3) of the Convention on the Rights of the Child requires State parties 'to promote the establishment of laws, procedural authorities and institutions specifically applicable to children alleged as, accused of, or recognised as having infringed the penal law'.
The Government, having ratified the Convention on the Rights of the Child in 1995, recognised that the situation regarding such children in South Africa was unsatisfactory, and decided to bring about change.
A Juvenile Justice Project Committee, appointed by the SALRC, drafted a comprehensive Bill.
set a minimum age of criminal capacity ensure individual assessment of each child establish procedures to divert as many children as possible away from courts and institutions set up new Child Justice Courts with trained personnel provide a creative range of sentencing options develop a system of review and monitoring for the system. The Bill encourages the release of children into the care of their parents and entrenches the constitutional injunction that prison should be considered as the last resort.
The Child Justice Bill was presented to the Portfolio Committee on Justice and Constitutional Development on 20 February 2003. Public hearings were held and several submissions were received.
Amendments to the Bill were made on the request of the Portfolio Committee. Although substantial redrafting of certain sections has been requested, the main policy direction of the Child Justice Bill remains intact. It was expected that the Bill would be passed before the end of 2003.
This Amendment Act amends the Constitution of the Republic of South Africa, 1996 so as to change the title of the President of the Constitutional Court (CC) to that of Chief Justice; provide for the Offices of the Deputy Chief Justice, President of the Supreme Court of Appeal and Deputy President of the Supreme Court of Appeal; and provide for the extension of the term of office of a Chief Justice. The Amendment Act also makes provision for municipal borrowing powers, and to enable a municipal council to bind itself and a future council in the exercise of its legislative and executive authority to secure loans or investments for the municipality concerned.
The Act emanates from a report of the SALRC (as part of its investigation into the simplification of the criminal justice process) and aims to amend the Criminal Procedure Act, 1977 (Act 51 of 1977), to allow a prosecutor and an accused person to enter into a plea and sentence agreement.
This Act aims, among other things, to regulate the interception of certain communications, the monitoring of certain signals and radiofrequency spectrums, and the provision of certain communications-related information. The Act also regulates the making of applications for, and the issuing of, directions authorising the interception of communications and the provision of communicationsrelated information under certain circumstances. It further provides for the execution of directions and entry warrants by law-enforcement officers and the assistance to be given by postal service-providers, telecommunications service-providers and decryption key holders in the execution of such directions and entry warrants.
The objectives of the Amendment Act include amending the Constitution so as to simplify the process of review by the NCOP where national executive interventions have taken place in provincial affairs, and simplifying the process of review by the NCOP where provincial executive interventions have taken place in local affairs. The Act also changed the name of the Northern Province to Limpopo.
provision is made for a single High Court of South Africa, consisting of the divisions, with the areas of jurisdiction, as determined by an Act of Parliament provision is made for the appointment of a second Deputy President of the Supreme Court of Appeal.
The amendments contained in the Bill are required in order to constitutionally sanction certain corresponding provisions of the Superior Courts Bill, 2003. The Superior Courts Bill will largely be giving effect to item 16(6) of Schedule 6 to the Constitution, in terms of which all courts must be rationalised with the view to establishing a judicial system suited to the requirements of the Constitution. This Bill aims to rationalise and consolidate the laws pertaining to the CC, the Supreme Court of Appeal and the High Courts, referred to collectively as the Superior Courts. It will also merge the Labour Court and the Labour Appeal Court with the proposed High Court of South Africa and the Supreme Court of Appeal, respectively.
The purpose of the Bill is to provide a speedy and uncomplicated mechanism whereby the victim of a sexual offence can apply to have the alleged offender tested for HIV and have the test results disclosed to the victim.
The Bill emanates from the SALRC's fourth interim report on Aspects of the Law Relating to AIDS. In its report, the Law Commission noted the vulnerability of women and children being infected with HIV as a result of rape and other sexual offences.
In accordance with the Bill, the HIV-testing of the alleged offender should take place within a specific period after the alleged sexual offence was committed. The victim, or any interested person on behalf of the victim, may apply to a magistrate for an order that the alleged offender be tested for HIV.
The application may also be made as soon as possible after a charge has been laid, and may be made before or after an arrest.
The purpose of the Bill is to further regulate appeals against decisions of lower courts in criminal cases. The Bill provides that any person convicted of any offence in a lower court who wishes to appeal against the conviction, sentence or order, must apply to the relevant lower court for leave to appeal against any conviction, sentence or order. The Bill further provides for a petition procedure to the High Court having jurisdiction, in the case where an application for leave to appeal has been refused.
The main purpose of the Bill is to further regulate the appointment of the Deputy Public Protector.
The Public Protector Act, 1994 (Act 23 of 1994), provides for the appointment of Deputy Public Protectors by the Cabinet member responsible for the administration of justice. There have been arguments that this erodes the independence of that office, as such a person (Deputy Public Protector) may eventually assume the duties of the Public Protector. The amendments to the Bill propose that only one Deputy Public Protector be appointed, and that he or she, as is the case with the Public Protector, be appointed by the President with the involvement of Parliament. Amendments that regulate the remuneration and other terms and conditions of employment, vacancies in office, and removal from office of the Deputy Public Protector, are also included in the Bill.
The Bill emanates from an investigation by the SALRC. The aim of the Bill is to address mounting public concern about the high levels of rape and other sexual offences in South Africa.
According to statistics released by the Crime Information Analysis Centre of the SAPS, 52 425 rape cases were reported between April 2003 and March 2003.
The Bill proposes that all types of sexual penetration should be considered unlawful when they occur under coercive circumstances, including the application of force, threats and the abuse of power.
The Criminal Law (Sexual Offences) Amendment Bill, which seeks to improve the approach to dealing with sexual offences, was adopted for submission to Parliament in July 2003.
The CC is situated in Johannesburg and is the highest court in all constitutional matters. It deals only with constitutional matters and issues connected with decisions on constitutional matters, including whether Acts of Parliament and the conduct of the President and Executive are consistent with the Constitution, including the Bill of Rights. Its decisions are binding on all persons, including organs of State, and on all other courts. The Court consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine other justices. Justice Arthur Chaskalson is the Chief Justice and Justice Pius Langa is the Deputy Chief Justice.
The Department of Justice and Constitutional Development aims to promote better case-flow management at the CC. Targets set include increasing the number of cases finalised by 5%, and increasing the number of court hours worked per day.
The Supreme Court of Appeal, situated in Bloemfontein, is the highest court in respect of all other matters. It is composed of the President and Deputy President of the Supreme Court of Appeal and a number of judges of appeal determined by an Act of Parliament. The Supreme Court of Appeal has jurisdiction to hear and determine an appeal against any decision of a High Court.
Decisions of the Supreme Court of Appeal are binding on all courts of a lower order, and the decisions of the High Courts are binding on Magistrate's Courts within the respective areas of jurisdiction of the divisions.
In terms of Item 16(6)(a) of Schedule 6 to the Constitution, 'all courts, their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalised with a view to establishing a judicial system suited to the requirements of the Constitution'. The Minister of Justice and Constitutional Development must, after consultation with the Judicial Service Commission (JSC), manage this process.
When the post-apartheid Government came to office in May 1994, there were only one black male judge and two white female judges.
By July 2003, out of 214 judges of the Superior Courts, there were 128 white males (60%), 14 white females, 42 indigenous African males, eight indigenous African females, eight coloured males, one coloured female, 11 Asian males and two Asian females. Some 60% of the Superior Court judges are post-apartheid appointments. This result has been achieved through the application of a rigorous appointment procedure conducted by and under the auspices of the Judicial Service Commission.
Presently there are 10 court divisions: Cape of Good Hope (with its seat in Cape Town); Eastern Cape (Grahamstown); Northern Cape (Kimberley); Orange Free State (Bloemfontein); Natal (Pietermaritzburg); Transvaal (Pretoria); Transkei (Umtata); Ciskei (Bisho); Venda (Sibasa), and Bophuthatswana (Mmabatho). Each of these divisions, with the exception of Venda, is composed of a Judge President and, if the President so determines, one or more Deputy Judges President, and as many judges as the President may determine from time to time.
There are also three local divisions: the Witwatersrand Local Division (Johannesburg), Durban and Coast Local Division (Durban), and South-Eastern Cape Division (Port Elizabeth). These courts are presided over by judges in the provincial courts concerned.
A provincial or local division has jurisdiction in its own area over all persons residing or being in that area. These divisions hear matters that are of such a serious nature that the lower courts would not be competent to make an appropriate judgment or impose a penalty. Except where minimum or maximum sentences are prescribed by law, their penal jurisdiction is unlimited and includes life imprisonment in certain specified cases.
The Department aims to increase the number of cases finalised by the High Courts to 1 000 cases a day. The Department also hopes to increase the number of court hours worked per day.
Decisions of the CC, the Supreme Court of Appeal and the High Courts are an important source of law. These Courts are required to uphold and enforce the Constitution, which has an extensive Bill of Rights binding all organs of State and all persons. The Courts are also required to declare any law or conduct that is inconsistent with the Constitution to be invalid to the extent of that inconsistency, and to develop the common law in a manner consistent with the values of the Constitution and the spirit and purpose of the Bill of Rights.
The Land Claims Court and the Labour Court have the same status as the High Court. The Land Claims Court hears matters on the restitution of land rights that people lost after 1913 as a result of racially discriminatory land laws. The Labour Court adjudicates matters relating to labour disputes, and appeals are made to the Labour Appeal Court.
By mid-2003, the Department was engaged in consultations with the judiciary and key stakeholders regarding the rationalisation of the High Courts in terms of the Superior Courts Bill. The objective is to ensure that High Courts are distributed in accordance with political and constitutional boundaries.
By mid-2003, the rationalisation of the Labour Court was at an advanced stage, with legislation being prepared to integrate that Court and the Labour Appeal Court into the High Court and the Supreme Court of Appeal.
These are itinerant courts, each presided over by a judge of the provincial division. These courts periodically visit areas designated by the Judge President of the provincial division concerned.
The Minister of Justice and Constitutional Development may divide the country into magisterial districts and create regional divisions consisting of districts. Regional Courts are then established at one or more places in each regional division to hear matters within their jurisdiction.
Unlike the High Court, the penal jurisdiction of the Regional Courts is limited by legislation.
Magisterial districts have been grouped into 13 clusters headed by chief magistrates. This system has streamlined, simplified and provided uniform court-management systems applicable throughout South Africa, in terms of judicial provincial boundaries. It facilitated the separation of functions pertaining to the judiciary, prosecution and administration; enhanced and developed the skills and training of judicial officers; optimised the use of the limited available resources in an equitable manner; and addressed the imbalances in the former homeland regions. The Department now communicates through cluster heads.
In terms of the Magistrates Act, 1993 (Act 90 of 1993), all magistrates in South Africa fall outside the ambit of the Public Service. The aim is to strengthen the independence of the judiciary. Although the Regional Courts have a higher penal jurisdiction than Magistrate's Courts (District Courts), an accused person cannot appeal to the Regional Court against the decision of a District Court, only to the High Court.
By March 2003, there were 370 magistrate's offices, 51 detached offices, 107 branch courts and 234 periodical courts in South Africa, with 1 772 magistrates.
The Department has set several targets aimed at promoting case-flow management in the lower courts. These include finalising 40 cases per month per District Court and 15 cases per month per Regional Court during 2003/04.
A further target set is increasing the number of court hours worked per day to five hours per District Court and four hours per Regional Court during 2003/04.
Except when otherwise provided by law, the area of civil jurisdiction of a Magistrate's Court is the district, subdistrict or area for which the Court has been established. South African law as applied in the Western Cape is in force on Prince Edward and Marion Islands which, for the purpose of the administration of justice, are deemed to be part of the Cape Town magisterial district.
On 1 May 1995, the civil jurisdictional limits of Magistrate's Courts were increased for both liquid and illiquid claims, from R50 000 and R20 000 respectively, to R100 000. In addition to the considerable increase, the previous distinction between jurisdictional limits with regard to the different causes of action was abolished.
Unless all the parties in a case consent to higher jurisdiction, the jurisdiction of a Magistrate's Court is limited to cases in which the claim value does not exceed R100 000 where the action arises out of a liquid document or credit agreement, or R50 000 in all other cases.
Cases involving civil claims not exceeding R3 000 are heard by a commissioner in the Small Claims Court. Thirty-five such Courts have been created since 1994, with a focus on rural and previously disadvantaged areas. By July 2003, there were 142 courts countrywide, of which 25 were designated to rural areas.
The commissioner is usually a practising advocate or attorney, a legal academic or other competent person, who offers his or her services free of charge.
Neither the plaintiff nor the defendant may be represented or assisted by counsel at the hearing. The commissioner's decision is final and there is no appeal to a higher court.
An authorised African headman or his deputy may hear and determine civil claims arising from indigenous law and custom, brought before him by an African against another African within his area of jurisdiction. Courts constituted in this way are commonly known as Chief's Courts. Litigants have the right to choose whether to institute an action in the Chief's Court or in a Magistrate's Court.
Proceedings in a Chief's Court are informal. An appeal against a judgment of a Chief's Court is heard in a Magistrate's Court.
Apart from specific provisions of the Magistrate's Courts Act, 1944 (Act 32 of 1944), or any other Act, jurisdiction with regard to sentences imposed by District Courts is limited to a period of not more than three years' imprisonment or a fine not exceeding R60 000. The Regional Court can impose a sentence of not more than 15 years' imprisonment or a fine not exceeding R300 000.
Any person charged with any offence committed within any district or regional division may be tried either by the Court of that district or the Court of that regional division. Where it is uncertain in which of several jurisdictions an offence has been committed, it may be tried in any of such jurisdictions.
Where, by any special provision of law, a Magistrate's Court has jurisdiction over an offence committed beyond the limits of the district or regional division, the Court will not be deprived of such jurisdiction.
A Magistrate's Court has jurisdiction over all offences except treason, murder and rape. The Regional Court has jurisdiction over all offences except treason. However, the High Court may try all offences. Depending on the gravity of the offence and circumstances pertaining to the offender, the DPP decides in which court a matter will be heard. He or she may even decide on a summary trial in the High Court.
Prosecutions are usually summarily disposed of in Magistrate's Courts, and judgment and sentence passed.
a warning or caution discharge.
The sentencing of 'petty' offenders to do community service as a condition of suspension, correctional supervision or postponement in appropriate circumstances has become part of an alternative sentence to imprisonment.
Where a court convicts a person of any offence other than one for which any law prescribes a minimum punishment, the court may, at its discretion, postpone the passing of sentence for a period not exceeding five years and release the person convicted on one or more conditions, or pass sentence but suspend it on certain conditions.
If the conditions of suspension or postponement are not fulfilled, the offender may be arrested and made to serve the sentence. This is done provided that the court may grant an order further suspending the operation of the sentence if the offender proves that circumstances beyond his or her control or any other good and sufficient reason prevented him or her from complying with the conditions of suspension.
In terms of statutory law, jurisdiction may be conferred upon a chief or headman or his deputy to punish an African person who has committed an offence under common law or indigenous law and custom, with the exception of certain serious offences specified in the relevant legislation. The procedure at such trials is in accordance with indigenous law and custom. The jurisdiction conferred upon a chief and a magistrate does not affect the jurisdiction of other courts competent to try criminal cases.
The legal profession is divided into two branches - advocates and attorneys - who are subject to a strict ethical code.
Advocates are organised into Bar associations or societies, one each at the seat of the various divisions of the High Court. The General Council of the Bar of South Africa is the co-ordinating body of the various Bar associations. There is a law society for attorneys in each of the provinces. A practising attorney is ipso jure a member of at least one of these societies, which seek to promote the interests of the profession.
The Law Society of South Africa is the coordinating body of the various independent law societies.
In terms of the Right of Appearance in Courts Act, 1995 (Act 62 of 1995), advocates can appear in any court, while attorneys may be heard in all of the country's lower courts and can also acquire the right of appearance in the Superior Courts. An attorney who wishes to represent his or her client in the High Court is required to apply to the registrar of a provincial division of the High Court. Such an attorney may also appear in the CC. All attorneys who hold an LLB or equivalent degree, or who have at least three years' experience, may acquire the right of audience in the High Court.
The Attorneys Amendment Act, 1993 (Act 115 of 1993), provides for alternative routes for admission as an attorney. One of these routes is that a person who intends to be admitted as an attorney and who has satisfied certain degree requirements prescribed in the Act is exempted from service under articles or clerkship. However, such a person must satisfy the society concerned that he or she has at least five years' appropriate legal experience.
State law advisors give legal advice to Ministers, government departments and provincial administrations, as well as to a number of statutory bodies. In addition, they draft Bills and assist the Minister concerned with the passage of Bills through Parliament. They also assist in criminal and constitutional matters.
In terms of the NPA Act, 1998, State advocates and prosecutors have been separated from the Public Service in certain respects, notably the determination of salaries.
The State Attorney derives his or her power from the State Attorney Act, 1957 (Act 56 of 1957), and protects the interests of the State in the most cost-effective manner possible. He or she does this by acting on behalf of the State in legal matters covering a wide spectrum of the law.
The State Attorney is involved in the drafting of contracts where the State is a party, and also acts on behalf of elected and appointed officials acting in the performance of their duties, e.g. civil and criminal actions instituted against Ministers and government officials in their official capacities.
The Masters of the High Court are involved with the administration of justice in estates of deceased persons and those declared insolvent, the liquidation of companies and close corporations, and the registration of trusts.
controlling the administration of deceased and curatorship estates controlling the administration of insolvent estates and the liquidation of companies and close corporations controlling the registration and administration of both testamentary and inter vivos trusts managing the Guardian's Fund, which is entrusted with the funds of minors, mentally challenged persons, unknown and/or absent heirs, and creditors for administration on their behalf assessing estate duty and certain functions with regard thereto the acceptance and custodianship of wills in deceased estates acting as an Office of Record. The computerisation of the Guardian's Fund has reached an advanced stage and will revolutionise the administration of trust funds for minors. The Guardian's Fund grew by 18% in 2003.
The Master's Business Unit was launched in Pretoria in October 2002, creating a structure for the Master's Division of the High Court. The Unit is responsible for the overall control of Master's Offices in the country, creating uniformity in Master's Offices, overall control of the Guardian's Fund, strategy and research, and the creation of new offices.
The Unit was expected to open offices in Johannesburg, Polokwane, Durban and Port Elizabeth in 2003.
The Rules Board is a statutory body, empowered to make or amend rules for the High Courts, the Supreme Court of Appeal and the lower courts.
It also develops rules and court procedure to ensure a speedy, inexpensive civil justice system, which is in harmony with the Constitution and technological developments, and accessible to all South Africans.
The Justice College is tasked with the vocational training of all officials of the Department. The College also presents training to autonomous professions such as magistrates and prosecutors.
The Office of the Family Advocate functions in terms of the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987).
The Family Advocate, assisted by family counsellors, reports to the court and makes recommendations which will serve the best interest of children in cases where there is litigation relating to children in divorce actions or applications for the variation of existing divorce orders.
Inquiries take place at the request of the court, one or both parties to the litigation, or on the initiative of the Family Advocate, in which case authorisation of the court must be obtained.
Family advocates operate in the provincial and local divisions of the High Court.
The Hague Convention on the Civil Aspects of International Child Abduction Act, 1996 (Act 72 of 1996), came into effect in October 1997 and the Natural Fathers of Children Born out of Wedlock Act, 1997 (Act 86 of 1997), in September 1998. The promulgation of these Acts extended the service delivery of the Office of the Family Advocate countrywide.
The Office of the Family Advocate provides support services for the Family Court pilot projects. Most offices are involved in mediation training for a large contingent of social workers and other mental-health professionals.
The Office of the Family Advocate coordinates community-outreach programmes to assist children involved in family disputes.
The Legal Aid Board is an independent statutory body established in terms of the Legal Aid Act, 1969 (Act 22 of 1969).
The Legal Aid Board provides tax-subsidised legal help to those in greatest need. It does so in accordance with the Constitution and the Bill of Rights. As a progressive and independent public defender, the Board is committed to the building of a just society where each person respects the constitutional rights of others.
The Legal Aid Board's work covers both civil and criminal cases. Its criminal work supports each person's right of innocence until proven guilty. The Constitution guarantees accused criminals the right to a fair trial and this is done through the Board. In its civil work, the Board places special emphasis on providing legal advice and protecting and defending the rights of women, children and the landless.
finalising over half of all matters in courts protecting the rights of people through timely legal advice defending the rights of households through impact litigation.
In civil matters, legal applicants are obliged to qualify in terms of a means test. In criminal matters, the means test is used as a point of departure, but the final test is whether or not the accused is able to afford the cost of his/her own legal representation.
Criminal matters handled by the Legal Aid Board include all matters in which substantial injustice would result if legal representation were not provided at State expense. Subject to the ability of the accused to provide his/her legal representation, all matters in the High Court, all matters in the Regional Courts, many matters in the District and Magistrate's Courts, and less serious matters where the accused, if convicted, would be unlikely to be sentenced to more than three years' imprisonment, are excluded from the scheme.
Minor civil claims, the institution of claims sounding in money (for which contingency-fee arrangements are legal) and civil claims, which do not have reasonable prospect of success, are also excluded from the civil legal-aid scheme.
The Board used to provide legal aid and representation mostly by instructing legal practitioners in private practice. This has proved to be unsustainably expensive and subject to abuse. The Legal Aid Board is moving towards a scheme in which salaried legal practitioners employed by the Board provide most legal aid and representation. By the end of 2004, the Board plans to have a national network of 60 Justice Centres throughout South Africa. By the end of April 2003, 44 Justice Centres had been established.
Legal aid may also be provided through co-operation agreements with NGOs and universities which provide legal services. Cooperation agreements are an important part of the Legal Aid Board's Access to Justice Strategy. The Board is committed to rendering quality legal services and is consequently eager to participate in the further development of the justice system through continued co-operation with its partners. It assists approximately 250 000 applicants a year.
In terms of the Constitution and the Public Protector Act, 1994, as amended, the Public Protector is independent of government and is responsible for investigating any conduct in State affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice. The Public Protector is required to report and take remedial action on that conduct. The purpose of the Office is to strengthen and support constitutional democracy in South Africa.
The Public Protector enjoys wide discretion regarding the manner in which any dispute is resolved and methods may include mediation, conciliation and negotiation as well as formal methods of investigation, such as the issuing of subpoenas, taking evidence under oath, and cross-examination. The Public Protector may, after the issue of a warrant by a magistrate or judge, enter any building or premises to investigate a complaint, and may seize anything on those premises which in his or her opinion has a bearing on the investigation.
The Public Protector can make recommendations to the public body involved, and may refer any indications of a criminal offence to the relevant authority responsible for prosecutions. The Public Protector is prohibited from inquiring into the decisions of a court of law. No person or institution may hinder the Public Protector in the execution of his or her duties.
Any person may submit complaints to the Public Protector. Except in special circumstances, the Public Protector will not investigate a complaint unless it is reported within two years of the occurrence of the incident or matter concerned. Reports on the findings in any investigation are made public, unless the Public Protector is of the opinion that exceptional circumstances require that the report be kept confidential. The Public Protector submits annual reports to Parliament on its activities and functions. If necessary, reports on the findings of certain investigations are also submitted to Parliament.
The Office of the Public Protector has provincial offices in all provinces, except Gauteng, where the national Office fulfils that function. In 2002/03, the Office received 15 680 new cases and 13 108 cases were carried forward from 2001/02. Of these, 21 707 cases were finalised in 2002/03.
The Magistrate's Commission was established to ensure that the appointment, promotion, transfer or discharge of, or disciplinary steps against judicial officers in the lower courts take place without favour or prejudice, and that the applicable laws and administrative directions in connection with such actions are applied uniformly and correctly.
The Commission also attends to grievances, complaints and misconduct investigations against magistrates. It advises the Minister on matters such as the appointment of magistrates, promotions, salaries and legislation.
The Commission has established committees to deal with appointments and promotions; misconduct, disciplinary inquiries and incapacity; grievances; salary and service conditions; and the training of magistrates.
It is generally accepted that legal systems and rules should be revised and reformed on a continuous basis. Law reform is necessary to ensure that the principles underlying the legal system are just and in line with governing social views and values.
With a view to extending the basis for consultation and involving interested parties and the community at an earlier stage in the process of law reform, shorter documents - which precede the publication of discussion papers - are compiled for general information and comment. The object is to stimulate and activate debate in respect of relevant matters, and to give direction to the reform which is to follow. The Commission's line of thinking is also evident from the communityorientated nature of the investigations included in its programmes.
In terms of the Constitution, the Chief Justice and the Deputy Chief Justice, and the President and Deputy President of the Supreme Court of Appeal are appointed by the President after consulting the JSC. Other judges are appointed by the President on the advice of the JSC.
In the case of the Chief Justice and the Deputy Chief Justice, the leaders of the parties represented in the National Assembly are also consulted.
The JSC was established in terms of Section 178 of the Constitution to perform this function and also advises government on any matters relating to the judiciary or the administration of justice.
When appointments have to be made, the Commission gives public notice of the vacancies that exist and calls for nominations. Suitable candidates are short-listed by the Commission and invited for interviews. Professional bodies and members of the public are afforded the opportunity to comment before interviews or make representations concerning the candidates, to the Commission. The Commission has determined criteria and guidelines for the making of appointments, which have been made public.
The interviews are conducted as public hearings and may be attended by anyone who wishes to do so. Following the interviews, the JSC deliberates and makes its decisions in private. Its recommendations are communicated to the President, who then makes the appointments.
In terms of Section 177 of the Constitution, a judge may be removed from office only if the JSC finds that the judge suffers from an incapacity, is grossly incompetent, or is guilty of gross misconduct.
The Commission considered it desirable that a formal system for the handling of complaints against judges be established by legislation. After discussions with the judiciary, draft legislation dealing with aspects such as control over discipline, leave, salaries and a complaints mechanism regarding the lower judiciary in order to strengthen the independence of the judiciary, is being prepared.
The Constitution makes provision for a Human Rights Commission consisting of a chairperson and 10 members. The appointment of commissioners is regulated by the Constitution.
The SAHRC, launched on 21 March 1996, comprises a Commission and a Secretariat. The aim of the Commission is to promote a culture and respect for human rights, to promote the protection, development and attainment of human rights, and to monitor and assess the observance of human rights in South Africa.
investigate and report on the observance of human rights take steps to secure appropriate redress where human rights have been violated carry out research and educate. The Commission has established standing committees that advise and assist the Commission in its work.
Government and Parliamentary Liaison. The Secretariat implements the policy of the Commission and ensures the promotion and protection of rights by handling complaints of human rights-violations; monitoring observance of human rights; and education, training and public information.
raise awareness on human rights and the role of the Commission, and to provide an internal and external communication service contribute to the development of a sustainable culture of human rights and democracy through training and by translating human-rights standards into tangible and deliverable education and training outcomes investigate individual and systemic complaints of human-rights violations and provide redress provide a research and documentation facility designed to advance human rights, especially social and economic rights establish the Commission as a resource and focal point for human rights in South Africa in collaboration with other institutions on the continent.
socio-economic rights equality, with specific focus on child rights, HIV/AIDS, disability, racism, older persons, and health the administration of justice.
NACHRET was established in April 2000. The Centre provides a platform for debate on human-rights issues aimed at enhancing an understanding of these issues and practices. The Centre also provides training and builds capacity both in South Africa and on the continent with regard to human rights themes, challenges and issues.
Chapter 9 of the Constitution provides for the establishment of, among others, the CGE. Section 187 of the Constitution specifically grants the CGE powers to promote respect for gender equality, and promote the protection, development and attainment of gender equality. The composition, functions and objectives of the CGE are outlined in the CGE Act, 1996 (Act 39 of 1996).
The CGE comprises 11 commissioners, one chairperson and 37 members of the Secretariat who fall within four departments and are based in six provinces. The other three provinces are serviced from the Johannesburg office.
gathering information and conducting education on gender equality monitoring and evaluating the policies and practices of State organs, statutory and public bodies, as well as the private sector, to promote gender equality evaluating Acts in force, or proposed by Parliament, affecting or likely to affect gender investigating any gender-related complaints liaising with institutions, bodies or authorities with similar objectives conducting research to further the objec tives of the CGE. The CGE works in partnership with various civil-society structures and other organisations with similar objectives.
Attending to gender-inequality complaints is one of its core functions. The CGE received 904 complaints in 2001/02, of which 29% related to gender-based violence and 52% involved maintenance cases.
The flagship theme of the CGE during 2003 was Gender and Poverty.
Gender, Culture, Religion and Tradition.
Spatial Development Initiatives. One of the noteworthy activities recently finalised by the CGE is Integrated Development Planning, whereby the CGE monitored and evaluated whether or not local government has gender-responsive approaches to service provision, and developmental plans that have a positive impact on women.
The CGE supports strategic interventions in litigation, with the aim of encouraging law reform.
The CGE also monitors most Bills that are introduced in Parliament to ensure that gender sensitivity is considered and that the rights of women are integrated.
The TRC's date of dissolution was determined as 31 March 2002 by way of proclamation in the Government Gazette. The dissolution was ordered by the President in terms of Section 43(3)(b) of the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995).
President Thabo Mbeki presented government's recommendations arising from the work of the TRC and tabled the final TRC report in Parliament on 15 April 2003.
The Department of Justice and Constitutional Development hosted a one-day consultative workshop for the business sector and civil society to discuss the various recommendations of the TRC prior to the tabling of the final report.
According to the TRC, some 22 000 individuals or their surviving family members appeared before the Commission. Of these, 19 000 required urgent reparations, and virtually all of them, where the necessary information was available, were attended to as proposed by the TRC with regard to interim reparations.
With regard to final reparations, during 2003/04, government planned to provide a once-off grant of R30 000 to those individuals or survivors designated by the TRC. This was over and above other material commitments.
A Joint Committee of Parliament considered the recommendations of the TRC and government, as presented to Parliament. The recommendations, as approved by Parliament, were referred to President Thabo Mbeki. The publication of the regulations in the Government Gazette will pave the way for the disbursement of final reparations to those eligible, from the President's Fund.
The functions of the Directorate: International Affairs in the Department of Justice and Constitutional Development consist mainly of identifying and researching legal questions that relate to matters pertaining to the administration of justice between South Africa and other states.
The Directorate is involved in direct liaison and negotiations at administrative and technical levels with foreign states in an effort to promote international legal co-operation and for the possible conclusion of extradition and mutual legal-assistance agreements.
The Directorate also aims to establish greater uniformity between the legal systems of southern African states, especially the Southern African Development Community (SADC), and thus promote and establish an efficient administration of justice in the southern African region.
The Directorate co-ordinates human rights issues at international level under the auspices of the United Nations (UN) and the African Union (AU).
the establishment of regular liaison with SADC states the co-ordination of all Commonwealth matters pertaining to the administration of justice interaction with other international bodies, such as the UN, the Hague Conference and the International Institute for the Unification of Private Law interaction with foreign states outside the SADC region negotiation of extradition and mutual legal-assistance agreements with other countries preparation of Cabinet and Parliament documentation for ratification of humanrights treaties, including report-writing.
China (ratified on 11 November 2002).
France (ratified on 11 November 2002). An MLAT with China was recently signed but has not yet been ratified.
The Department is preparing for negotiations for the conclusion of extradition and MLATs with various countries including the United Arab Emirates, Iran, India, Peru, Uruguay, Thailand and Chile.
South Africa has also designated Ireland, Zimbabwe, Namibia and the UK in terms of Section 3(2) of the Extradition Act, 1962 (Act 67 0f 1962).
South Africa's accession to the Council of Europe's Convention on Extradition entered into force on 13 May 2003. A request was also directed to the Council of Europe that South Africa accede to the Convention on Mutual Legal Assistance (MLA).
The AU Convention on Extradition was finalised during a meeting of legal experts held in Ethiopia in April 2001.
The Directorate participated in the negotiation and preparation of the establishment of the Legal Sector and the SADC Protocol on the Tribunal. Heads of State and Government signed both Protocols in August 2000. The Protocols have been submitted to Parliament for approval to ratify.
The Directorate also participated in the negotiation and the finalisation of the SADC Protocol Against Corruption. The Cabinet has approved this Protocol and it is before Parliament for ratification.
The Directorate: International Affairs hosted the 31st Ordinary Session of the African Commission on Human and Peoples' Rights in May 2002. The Protocol to Establish the African Court was signed by South Africa in June 2002.
The Directorate has prepared the First Periodic Country Report on the African Charter on Human and People's Rights.
With regard to the Commonwealth Heads of Government meeting, the Directorate had to provide input on a variety of issues regarding the Senior Law Officials meeting. It also formed part of an interdepartmental committee that had to determine the substance of South Africa's input to the Commonwealth Heads of Government meeting.
The Directorate has prepared three humanrights country reports for submission to the relevant UN Committees. The reports relate to the Convention Against Torture or other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Discrimination, and the International Covenant on Civil and Political Rights (ICCPR).
The Directorate was responsible for promoting South Africa's accession to the First and Second Optional Protocols to the ICCPR.
The Directorate was part of the process of drafting an interim report on the NAP for the promotion and protection of human rights pertaining to the justice mandate.
After numerous calls for South Africa to become a member of the Hague Conference on Private International Law, the Directorate prepared documents for the Cabinet and Parliament for approval to ratify the Hague Statute. South Africa became a member of the Conference on 15 February 2002.
The Hague Conference seeks to foster cooperation between states on private law matters. This is done by elaborating on conventions and inviting states to become party to these conventions.
A South African delegation comprising the Departments of Justice and Constitutional Development and of Foreign Affairs attended the UN Preparatory Commission Sessions during April and June/July 2002, which saw the finalisation of the outstanding instruments of the ICC, in particular the Fifth Year Budget of the ICC, and the procedure for the nomination and election of judges, prosecutors and deputy prosecutors.
On 11 March 2003, the Minister of Justice and Constitutional Development and his delegation attended the inauguration ceremony of the Court in The Hague, Netherlands.
As required by the Rome Statute of the ICC, South Africa has promulgated the Implementation of the Rome Statute of the ICC Act, 2002 (Act 27 of 2002).
address co-operation by South Africa with the ICC. South African judge Ms Navi Pillay was appointed one of the first judges of the ICC in March 2003.
The aim of the Department of Correctional Services is to contribute towards maintaining and protecting a just, peaceful and safe society by enforcing court-imposed sentences, detaining offenders in safe custody, and promoting the social responsibility and human development of all offenders and persons subject to community correction programmes.
A re-engineering project, called Gearing for Rehabilitation, was introduced in 2002/03 to evaluate systems, processes and structures, and align them with the core business of the Department.
corrections development security care facilities after-care. This comprehensive approach entails all aspects of the Department's core business, ranging from corrections, which profile and riskassess individuals, to after-care, which focuses on pre-release reintegration programmes for offenders. This substantial undertaking also involves developing new policy for the types of rehabilitation programmes offered and the training of prison personnel.
The Gearing for Rehabilitation process was aligned to the broader transformation and restructuring of the Public Service.
This process saw the development of an updated departmental strategic plan and, stemming from that, a new organisational structure. The updated structure of the Department consolidated the nine provinces into six geographical regions and the previous 148 management areas into 48 such areas.
R2 455 million on administration. By 31 March 2003, the Department had a personnel force of 33 385 with 189 748 offenders incarcerated in 241 prisons countrywide. By April 2003, there were approximately 48 000 parolees and 24 500 probationers under the Department's supervision within the system of community corrections.
The Incarceration Programme finances the detention of prisoners in safe custody until they can be lawfully released. The Programme provides for the healthcare and physical needs of offenders in terms of norms and standards that comply with the Constitution.
The Department strives to provide adequate prison accommodation that complies with accepted standards.
14 prisons temporarily inactive (closed down for renovations). In prisons where male, female and juvenile offenders are accommodated, female and juvenile offenders are housed in separate designated sections.
Overcrowding in South Africa's active prisons is problematic. A long history of inadequate funding to renovate existing prisons and build new ones makes this problem difficult to address.
The prisons can accommodate some 111 241 offenders, but by June 2003, the prison population stood at 185 748. This constituted 127 604 sentenced and 58 144 unsentenced prisoners. Capacity then stood at 111 241, indicating overcrowding by 74 507 or about 67%. The figures showed a slight decrease in the prisoner population which may be attributed to several strategies being adopted by the Department.
transferring unsentenced juveniles to places of secure care converting certain prison sentences to correctional supervision identifying, renovating and upgrading existing facilities placing awaiting-trial persons under community corrections piloting integrated action by departments to review cases and reduce the average detention cycle times of awaiting-trial offenders.
Apart from these initiatives, the Department is addressing overcrowding on a continuous basis in conjunction with the other role-players in the CJS. One strategy is the use of Saturday courts to address the backlog with regard to awaiting-trial offenders. The implementation of the electronic court process will also go a long way towards streamlining court processes.
The Department will continue to release offenders serving minor offences after they have served a set minimum sentence.
It will further enhance rehabilitation by placing it at the centre of all activities, striking a balance between rehabilitation and safe custody.
The aim is to provide education, skills development, personal development and spiritual enlightenment to address offending behaviour and to release offenders as productive and law-abiding citizens.
It is expected that the already overcrowded prisons will come under greater strain in the next few years as the effects of the new offender-release policy and the Criminal Law Amendment Act, 1997 (Act 105 of 1997), are felt.
In terms of the new release policy, no offender may be considered for parole before he or she has completed at least half of his or her sentence.
The Criminal Law Amendment Act, 1997 makes provision for much harsher sentences for serious crimes.
These changes are expected to place an even greater burden on the prisons since it is likely to increase the average length of prison sentences.
In general, the Department has been quite successful in bringing down the number of escapes during the last few years. However, owing to one unfortunate incident at Bizana Prison in the Eastern Cape in December 2002, when 98 offenders escaped during an evacuation operation as a result of a serious fire threat, there was an increase in the number of escapes from 223 in 2001/02 to 281 in 2002/03.
The Department has put in place various measures aimed at combating escapes. These include the optimal utilisation of existing security aids and equipment, continued evaluation of security directives, upgrading of personnel training, disciplinary action against negligent personnel, rewarding offenders who report on or warn of planned escapes, and the installation of electronic fences and X-ray scanners in high-risk prisons.
Ninety-four prisoners escaped between January and August 2003, compared to 166 in the same period during 2002, representing a 43% reduction.
Offenders undergo safe-custody classification upon admission to determine the level of security required to detain them.
Offenders are classified into minimum, medium or maximum custodial categories. Variables taken into account include the type of crime committed, the length of the sentence, and previous convictions. The safe-custody classification of every offender is reviewed regularly, and if his or her behaviour, or any other aspect affecting his or her security risk, justifies it, reclassification takes place.
unsentenced children/juveniles and youths between the ages of 14 and 25 sentenced children/juveniles and youths between the ages of 14 and 25.
In terms of the Constitution, a child is a person under the age of 18 years. The Department regards a person between the ages of 14 and 25 years as a youth. The Department is responsible for the detention, treatment and development of sentenced juveniles.
Section 7(2)(c) of the Correctional Services Act, 1998 (Act 111 of 1998), stipulates that children must be kept separate from adult offenders and in accommodation appropriate to their age, as young offenders are predisposed to negative influence. The aim of this separation is the provision of distinctive custodial, development and treatment programmes, as well as religious care, in an environment conducive to the care, development and motivation of youths to participate and to develop their potential.
Sentenced young offenders are also kept separate from unsentenced ones.
By June 2003, there were about 26 000 young people between the ages of 14 and 21 in the system, and about 49 000 between the ages of 21 and 25. The nature of serious offences committed or allegedly committed by about 4 500 children under the age of 18 who were awaiting trial or sentenced was alarming. There were 2 000 economic-related offenders under 18; 1 800 aggressive crime offenders; 500 sexually related offenders under the age of 18; and 200 for drug-related and other types of offences.
There are 13 youth correctional facilities in the country, namely Hawequa, Brandvlei, Drakenstein Medium B and Pollsmoor Medium A (Western Cape); Leeuwkop, Emthonjeni and Boksburg (Gauteng); Rustenburg (North West), Durban and Ekuseni (KwaZulu-Natal); Groenpunt and Kroonstad (Free State); and Barberton Town Prison (Mpumalanga).
The development and support of youth offenders form an essential part of their incarceration. The aim of rendering professional services (education, reskilling, learning a trade, moral and spiritual enlightenment, and personal development) is to rehabilitate youth offenders, contribute towards their behavioural change, and prepare them for their reintegration into the community.
The focus is on the promotion and development of leadership qualities.
young offenders are motivated to actively participate in their own development and the realisation of their potential a culture and atmosphere of development prevails sound discipline and co-operation between personnel and offenders, and among offenders, is fostered and maintained.
Mother-and-child units have been established in eight female prisons nationally. By June 2003, there were 208 infants under the age of five in prison with their mothers. Policy on such infants clearly stipulates that mothers and children are kept in a separate unit within the prison, where the surroundings and facilities are complementary to the sound physical, social and mental care and development of children.
The policy also stipulates that the admission of an infant with a mother is permitted if no other suitable accommodation and care are available at that stage, and that it should be regarded as a temporary measure only.
The right of the mother to have her child with her during admission promotes a positive relationship between mother and child. Policy emphasises that the mother should be taught good child-care practices for her own self-esteem and self-confidence and for the benefit of the child.
The main objectives of the privilege system are to encourage offenders to display good behaviour, engender a sense of responsibility in them, and ensure their interest and cooperation in treatment programmes.
The system consists of primary and secondary privileges. Primary privileges are aimed at the retention, maintenance or furthering of family ties to, among other things, facilitate reintegration into the community. These privileges are divided into A, B and C groups. The entry level for all new admissions is the B group and, depending on behaviour, an offender may be promoted or demoted to either the A or C privilege group.
Secondary privileges are aimed at leisuretime activities such as participation in sports and watching television. No sentenced offenders are allowed to receive food from outside prison or to use private electrical appliances.
Physical care of offenders is regarded as an important responsibility of the Department, and includes healthcare, nutrition and accommodation. The Department endorses the fundamental rights and privileges of all offenders.
In accordance with the Correctional Services Act, 1998, an independent judicial inspectorate regularly inspects all prisons and reports on conditions and the treatment of offenders.
The policy and administrative framework for the maintenance of an adequate, affordable and comprehensive healthcare service is based on the principles of Primary Health Care (PHC). The service includes mental, dental and reproductive health, ancillary healthcare, health-promotion management of communicable diseases (including HIV/AIDS and sexually transmitted infections [STIs]) and referrals where necessary, through the acknowledgement of national and international norms and standards, within the limits of available resources.
the strict pursuance of ethical codes by health professionals regular health-quality inspections strict compliance with rules of confidentiality and privacy with regard to the medical records of patients the continuous evaluation and upgrading of medical emergency services. The Department of Correctional Services foresees a system in which offenders are treated in the same way as other patients in the State sector through the PHC programme.
Offenders in need of medical attention are, as far as possible, treated in State hospitals. The use of private hospitals for offenders is permitted in cases where public hospitals are unable to provide access to healthcare and only after approval by the Provincial Commissioner of Correctional Services.
prevention, which involves the promotion of safe sexual practices, management and control of STIs, provision of condoms and access to voluntary counselling and testing treatment, care and support respect for human rights awareness campaigns and commemoration of HIV/AIDS calendar events partnerships with other government departments, the private sector, NGOs and educational institutions peer-led education programmes to introduce behavioural changes among peers the appointment of employee-assistance practitioners to implement employeewellness programmes principles of universal precautions, which provide personnel with guidelines and procedures regarding the handling of all body fluids.
toilet and bathing amenities with warm water suitable clothing and comfortable shoes adequate bedding a clean and healthy environment a safe water-supply promotion of a smoke-free prison environment.
The Department is committed to maintaining the health and strength of those entrusted to its care by satisfying their nutritional needs according to the Recommended Daily Allowance for food intake.
all offenders with three nutritious meals per day and with a therapeutic diet when prescribed by a medical doctor religious and cultural diets.
adult male and female offenders pregnant and breast-feeding women children babies. The proposed ration scales are compiled and amended by a nutritionist and evaluated by qualified and registered dieticians at the Department of Health and NGOs, before approval by management.
The aim of rehabilitation is to provide treatment and development programmes to offenders in partnership with the community to enhance personal and social functioning, and to prepare them for reintegration into the community as productive, well-adapted and law-abiding citizens.
A multidisciplinary team, consisting of social workers, psychologists, chaplains, educators, correctional officers and others (external community), addresses the basic needs of offenders by means of comprehensive assessments and various needs-based programmes.
positively combat illiteracy within the prison environment actively engage the community to assist with development programmes for the people entrusted to the Department's care develop and implement a needs-based development programme establish training centres at large prisons as well as capacity-building in small prisons market rehabilitation programmes to offenders and the community promote and implement restorative justice principles to ensure the involvement of offenders, victims and the community in the rehabilitation process.
On average, the budget for rehabilitation increases by 8,3% per annum from R264,8 million in 1999/00 to R427,5 million in 2005/06.
As part of the Department's rehabilitation initiatives, a total of 22 360 offenders were trained in a variety of skills in 2002. The further establishment of training centres in the various provinces is aimed at equipping offenders with basic technical skills in a variety of fields such as brick-making, brick-laying, woodwork, welding, garment-making, etc. Training is also provided in business skills to equip individuals to operate their own small businesses upon release.
Institutional Committees at each prison are responsible for ensuring a professional and co-ordinated approach towards the incarceration, treatment, training and development of all offenders. This is implemented by means of a multidisciplinary approach in which all roleplayers are involved, i.e. those concerned with custodial, training, educational, psychological, religious-care and social-work functions, recreational sport and library projects, as well as self-sufficiency and skills programmes.
Institutional Committees have statutory decision-making competency with regard to the safe custody of offenders, individual participation, subgroup and group programmes, as well as the prompt rewarding of positive behaviour.
All offenders have a right to basic education and training. The aim is to enhance the education level and improve the skills of offenders to facilitate their reintegration into the community. Services are provided to sentenced and unsentenced offenders in collaboration with external partners (government institutions, training boards, NGOs, etc.) and are in line with the provisions of the South African Qualifica-tions Authority and the National Qualifications Framework. Some 37 427 offenders were involved in education and training programmes during the 2002 academic year.
correspondence studies technical studies vocational training occupational skills training instruction in recreation life-skills training and development entrepreneurial skills training computer-based training. The main emphasis is on the provision of literacy and numeracy programmes, which include training in occupational, life and entrepreneurial skills, and should enhance the chances of the successful reintegration of the offender into the community and labour market.
Twelve of the 14 new training centres were completed by 31 March 2003. The two remaining training centres nearing completion are in the Odi and Polokwane Management Areas. These centres will provide training opportunities to offenders and equip them with skills not only to be employable, but also to enable them to start their own small businesses after their release.
Psychological services are provided for sentenced offenders, persons under correctional supervision and probationers to maintain or improve their mental health and quality of life.
The Department aims to address the needs of all sentenced offenders.
Psychologists held 4 430 individual sessions, 806 group sessions and 117 family-counselling sessions during 2002/03.
final-year students who are busy with their MA degrees in clinical or counselling psychology provide services without remuneration under the supervision of various universities.
Psychologists also provide a programme intended to change old habits, attitudes and beliefs. The Investment in Excellence Programme, a non-traditional education curriculum that enhances individual and/or group potential, is also presented.
Social Work Services aim to provide professional services to help offenders cope more effectively with their problems with social functioning, and to prepare them for reintegration into the community.
Treatment programmes offered by Social Work Services comprise structured programmes on issues such as life skills, family care and marriage, alcohol and drug abuse, orientation, sexual offences, trauma, prerelease and HIV/AIDS.
By March 2003, the Department employed 460 social workers. The social workers conducted 87 532 individual counselling sessions with juvenile and adult offenders in 2002/03. An important challenge is the growing number of people living with HIV/AIDS, as not all social workers possess the necessary training to qualify them as HIV/AIDS counsellors.
Research on the rehabilitation of offenders found that there was a need for rehabilitation interventions to be systematic and needsbased. This led to the development of a framework/model of intervention that aims to assist in the consistent and intensive assessment and evaluation of offenders' needs and rehabilitation programmes.
All social workers in the Department have been trained on the model of intervention to assist in the consistent assessment of offenders and provision of needs-based rehabilitation programmes. All social workers are implementing the intervention model.
However, other structured programmes are still being offered as a preventative measure, e.g. the programme on HIV/AIDS to young offenders.
Religious-care services are rendered through needs-based programmes within a multidisciplinary context to persons who are in the care of the Department. This is done in partnership with churches or faiths and other role-players with the aim of rehabilitating offenders and reintegrating them into the community.
It also aims to contribute to changing the offender's behaviour, based on a lifestyle which is in accordance with the acceptable values and norms of their faith.
Religious-care services are rendered to sentenced and unsentenced offenders, probationers, parolees and personnel on an ad hoc basis. Religious-care programmes take the form of large group gatherings, small group sessions and personal interviews. Structured needs-based spiritual-care programmes addressing the specific needs of offenders are provided.
The Department employs full-time chaplains and part-time religious workers from various religious backgrounds.
The extent of religious counselling is reflected by the 46 719 religious services, 38 571 group sessions and 77 434 individual sessions held for offenders in 2002/03.
Quarterly meetings are held with the chaplains of the South African National Defence Force and the SAPS to discuss issues of common concern. Meetings are also held with the Departments of Foreign Affairs and of Social Development concerning South African offenders abroad.
The Department is a member of the International Prison Chaplains' Association. A working relationship also exists with Prison Fellowship International, and contact is maintained with the chaplains of Zimbabwe, Namibia, Botswana and Zambia.
Provision is made for offenders to observe the main religious festivals and holy days such as Ramadan, Passover, Good Friday and Christmas. Religious literature, including the Bible and the Qur'an, is supplied to offenders.
In line with the Vienna Declaration on Crime and Justice, the Department has embraced the restorative-justice approach with the aim of reducing crime and promoting healing between offenders, victims and the community. The process to conduct public awareness and education campaigns has begun to raise awareness of the implementation of restorative-justice programmes and policies. This project intends to facilitate the mediation process between victims of crime and offenders, in an attempt to bring about restitution and reparation. This will be done by means of developing restorative-justice and victimempowerment programmes.
The Correctional Services Act, 1998 provides for the creation of independent regional correctional supervision and parole boards throughout the country, with greater powers to consider and approve which offenders, serving sentences exceeding 12 months, should be granted parole. In the interest of protecting the community, the Department has abolished the concept of remission of sentence.
The Parole and Correctional Supervision Amendment Act, 1997 (Act 87 of 1997), deals with parole and correctional-supervision policy and also provides for a non-parole period. In terms of the Correctional Services Act, 1998, offenders are not considered for parole until they have served at least half of their original sentences or the non-parole period, whichever is the longer period.
The Parole and Correctional Supervision Amendment Act, 1997 empowers courts to build a non-parole period into the sentence of any convicted criminal. This period may be as much as two-thirds of the total sentence. A person declared a habitual criminal may not be considered for parole before having served at least seven years in prison. An offender serving a life sentence may not be considered for parole until at least 25 years have been served.
The Department aims to equip offenders with the skills required for effective reintegration into society after release. Offenders sentenced to longer than six months' imprisonment undergo a basic pre-release programme before release. Aspects receiving attention include how to secure employment, personal finance management and street law.
Specialists from the community are also involved in the presentation of the programme. Care and support for an offender are prerequisites for placement in the community. Before offenders are placed, they are assisted with obtaining employment and accommodation, or at least care and support. Community involvement in supporting offenders after placement is encouraged.
Offenders are provided with financial and material assistance before they are released from prison.
Parolees are subject to certain conditions as well as supervisory measures aimed at gradually reintegrating them into the community.
To achieve these goals, parolees are allocated to a supervision official of the Department, who ensures that they are regularly monitored. Contravention of parole conditions leads to stricter conditions and increased supervision or reimprisonment for a part of or the entire remainder of the parole period.
Volunteers from the community are encouraged to assist the Department in the monitoring of parolees.
Based on their risk profile, parolees are placed in minimum, medium or maximum supervision categories. These supervision categories are also applicable to probationers. Awaiting-trial persons under community corrections are classified as maximum categories.
Parolees are confined to their homes according to their monitoring categories. Monitoring includes visits to the parolee's home and workplace, liaison over the telephone, and reports to the Community Corrections Office.
Parliament approved amendments to the Correctional Services Act, 1998 to address concerns about the lack of community involvement in the parole system. According to the amendments, the composition of the new Parole Boards includes three permanent members from the community: the chairperson, members from the Departments of Correctional Services and of Justice and Constitutional Development, as well as the SAPS.
The victim may also participate or be represented at the parole hearings, to allow, for the first time, the direct participation of victims in the justice system instead of them being called upon only as prosecution witnesses.
The Department aims to increase the number of personnel responsible for managing and controlling persons sentenced to community corrections, in order to decrease the number of probationers and parolees each officer must supervise.
In 2002/03, 5 413 parole absconders were traced. They have either been referred back to court to receive alternative sentences or sent back to prison to serve the remainder of their sentences.
The Correctional Services Act, 1998 ensures that all probationers and parolees are subject to the same conditions.
In terms of the Act, parolees must do community service. Correctional supervision aims to control and rehabilitate those who can serve their sentences in the community.
Offenders who pose a real threat to the community and who have chosen crime as a career, however, do not qualify for correctional supervision.
A person sentenced to correctional supervision is placed under the control of a correctional supervision official.
house arrest community service, rendered free of charge victim's compensation restriction to a magisterial district prohibition on alcohol usage or abuse participation in certain correctional pro grammes. If the set conditions are violated, the probationer can be referred to the court of first hearing for consideration of an alternative sentence or, in certain cases, be admitted directly to prison to serve the remainder of his/her sentence.
Section 117(e) of the Correctional Services Act, 1998 makes it an offence for a probationer or parolee to abscond from the system of community corrections. If found guilty by court, they may receive an additional sentence of up to 10 years' imprisonment.
The community corrections population, comprising parolees and probationers, versus the sentenced prison population on 31 March 2003 was 38%.
A small number of offenders are placed on day parole because they are institutionalised or have a doubtful prognosis and pose a high security risk to the community. These offenders are gradually resettled into the community as a bridging measure, instead of being released upon termination of sentence. Day parolees have to comply with certain conditions. Contravention leads to withdrawal of privileges, stricter conditions or suspension of day parole.
Certain categories of offenders are allowed to spend weekends at home. Inmates may temporarily leave prison for compassionate leave, consolidation of family ties, preparation for release, and for reasons that involve reintegration of the offender into society.
The offender has to observe strict conditions, which include abstaining from drugs and alcohol, being in the care of a specific person and at a specific address, personally accepting liability for any event that might result in expenses for the State, and not being found guilty of any misconduct.
The Correctional Services Act, 1998 empowers the Minister to enter into joint ventures with the private sector to design, construct, finance and operate any prison or part of a prison.
Two such prisons were procured by the Department of Public Works on behalf of the Department of Correctional Services, using private-sector capital and expertise for their financing, designing, construction, operation and maintenance.
The first privately operated prison is the Mangaung Maximum Security Prison near Bloemfontein. The 3 024-bed Kutama Sinthumule Maximum Prison at Makhado (formerly Louis Trichardt) in Limpopo, is the second facility to be built and operated by a private-sector company in South Africa.
The Department has adopted a unitmanagement approach that involves dividing prisons into smaller, manageable units, which encourages the management of the offender, as opposed to the management of the prison. In line with this approach, a new concept of prison design is being implemented. It entails smaller housing units for offenders, clustered together, to ensure safe custody and control, and which enable multiskilled unit staff to be actively involved in rehabilitation programmes.
The concept of unit management was being implemented at 101 prisons by 31 January 2003, representing 41,9% of prisons. The Department aims to extend this to all prisons by 2005 to improve service delivery and the rehabilitation of offenders.
Construction started on four new prisons in 2003/04. It is envisaged that these will be completed by 2005/06, providing accommodation for an additional 12 000 offenders.
The Minister of Correctional Services, Mr Ben Skosana, announced in 2003 that 'new generation' prison facilities for medium- and low-risk categories will be built to add an additional 30 000 beds during the Medium Term Expenditure Framework period.
Construction started in 2003 and it is envisaged that they will be operational by 2005/06. The four new prisons will be located in Leeuwkop, Nigel, Klerksdorp and Kimberley. Repairs and renovations continue in 12 prisons in KwaZulu-Natal, Eastern Cape and the North West and accommodation will be available for 863 more offenders.
The Repair and Maintenance Programme has also been embarked upon. The Programme addresses backlogs in maintenance and inhumane conditions under which offenders are incarcerated. During 2001/02, 22 prisons were renovated.
Prisons are divided into three priority groups, each in various stages of progress. The Department identified 33 prisons in need of repair and maintenance work in 2003/04.
The Administration Programme funds the overall management of the Department. It includes policy formulation by the Minister, the National Commissioner, and other members of senior management, and facilitates prison inspections by the Inspecting Judge.
The budget of the Programme accounted for about 32% of the budget of the Department in 2003/04, and remains at approximately this level throughout the medium term. Over the medium term, the budget for administration will grow by an average of 6,6% a year, mainly because the Department will focus on increasing its anti-corruption capacity and investment in human resource development.
Employees of the Department of Correctional Services are not entitled to strike and conditions of employment have to be negotiated with labour unions in a bargaining council.
The major unions active in the Department are the Police and Prisons Civil Rights Union, the Public Servants' Association and the Democratic Nursing Association of South Africa.
The Subdirectorate: Community Involvement facilitates the involvement of members of the community in correctional matters and provides expanded capacity for the Department.
promote co-responsibility for offender management and crime prevention share responsibility for the rehabilitation and reintegration of offenders into the community maximise the use of public and private resources. The Department actively participates in the initiative of the NCPS to establish Community Safety Centres. The aim of these Centres is to provide integrated services to the disadvantaged communities in South Africa. The Departments of Correctional Services, Health, Social Development, Justice and Constitutional Development and the SAPS provide these integrated services to the community under one roof. Two Community Safety Centres were opened at Nsimbini in KwaZulu-Natal and at Leobeng in Limpopo.
The Department has embarked on a poverty-alleviation programme that entails the deployment of offender-generated goods and services for poverty alleviation, disaster relief and rural development.
In 2002, the Deputy President, Mr Jacob Zuma, launched the first poverty-alleviation programme at the Zonderwater Prison near Cullinan in Gauteng. A piece of land was identified that will be cultivated by offenders. The produce will go to a needy old-age home, an orphanage and a local school-feeding scheme.
A similar project was subsequently launched at Thohoyandou Prison at Vondwe Village, Limpopo. Here, the Department also assisted a local primary school by supplying the labour and expertise for the building of three additional classrooms, the repainting of the school and the renovation of school benches.
The poverty-alleviation project at the Manguang Maximum Security Prison has provided underprivileged schools and people with disabilities in the area with more than 8,4 tons of vegetables. An amount of R12 000 was also donated to a hospice in Bloemfontein.
In 2002/03, 270 reports on corruption in the Department of Correctional Services were received. As a result, 55 officials were dismissed, 175 officials disciplined, and 23 officials criminally convicted, while 17 cases were still being finalised. At the request of the Minister, the President appointed an independent commission of inquiry, the Jali Commission, to investigate corruption, maladministration, violence and intimidation in nine management areas. Two interim reports on Westville Prison were received. A retired judge will be appointed to head the internal investigations on the recommendations.
The scope of the Jali Commission was extended to include the Grootvlei management area in the Free State.
The Jali Commission convened in Durban-Westville, Pietermaritzburg, Grootvlei, St Albans, Pollsmoor and Johannesburg management areas and has since brought out six interim reports which recommend the institution of disciplinary steps against a number of officials.
In Durban-Westville, seven officials were charged with drug smuggling, corruption and negligence. Six of them were dismissed and the seventh received a final warning. In Pietermaritzburg, 19 officials were dismissed for falsifying their qualifications, while at Grootvlei, 18 officials were dismissed on charges of corruption and negligence, one resigned, and hearings against two others are still outstanding.
The Department is awaiting further reports of the Jali Commission, following investigations in other areas. The Commissioner is ensuring that the response to the interim recommendations results in the development of a sustainable and clean investigative and disciplinary capacity within the Department, to ensure that internal regulatory policies are complied with and that corruption, gross negligence and crime are eradicated. Since no investigative unit can solve the situation alone, management has been tasked with ensuring an appropriate style of management to eliminate opportunities for criminal activity and corruption within the Department of Correctional Services.
the approval of a National Risk-Management Plan and Anti-Corruption Strategy to assist the management of the Department to focus on the continuous improvement of the efficiency and effectiveness of the Depart-ment the establishment of a formal Anti-Corruption Unit in the organisational structure of the Department for the sound management of the Department's Anti-Corruption Strategy research conducted by private consultants on the assessment of the levels of corruption and the scope and extent thereof in the Department.
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<fn>GOV-ZA.15localgoverntmunicipalpropertyratesact2004actno6of2004En.2012-02-10.en.txt</fn>
Document Details | Local Government: Municipal Property Rates Act, 2004 (Act No.
Details for Local Government: Municipal Property Rates Act, 2004 (Act No.
Local Government: Municipal Property Rates Act, 2004 (Act No.
<fn>GOV-ZA.15march20071En.2012-02-10.en.txt</fn>
Headlines about the economy often focus on a single number. Recently, for example, Statistics SA reported that economic growth had increased by 5.6 percent for the fourth quarter of last year, and this was understandably the focus of media attention.
But careful scrutiny reveals a wealth of detail beyond the single number that do not always receive public attention.
Tuesday's release of the latest data on manufacturing provides a good example. Manufacturing is a key economic sector: in the fourth quarter of last year, it accounted for 16.3 percent of the economy, second in size only to finance, real estate and business services, which accounted for 19.7 percent. In this quarter, manufacturing grew 8.3 percent and contributed 1.4 percentage points to the overall economic growth of 5.6 percent.
Stats SA reported that seasonally adjusted manufacturing production for the three months to January rose 2.8 percent from the previous three months. But this single figure is based on considerable detail. For purposes of measurement, manufacturing is divided into 10 divisions.
Furniture and other manufacturing groups.
For each of these divisions and for the sector as a whole, Stats SA measures changes in manufacturing production, the sale of products and the value of those sales.
The 2.8 percent increase in manufacturing production for the three months to January was based on higher production levels reported by nine of the 10 divisions.
The petroleum, chemical products, rubber and plastic products division contributed 1.5 percentage points. It was followed by glass and non-metallic mineral products with 0.5 points; food and beverages (0.4 points); motor vehicles, parts and accessories, and other transport equipment (0.2 points); and textiles, clothing, leather and footwear; basic iron and steel, metal products, and machinery; and furniture and other manufacturing (0.1 points each).
Sales of manufactured products rose 3.6 percent, or R9.145 billion, after seasonal adjustment. Higher manufacturing sales were reported by all 10 manufacturing divisions.
This increase was mainly due to the glass and non-metallic mineral products division, where sales rose 9 percent or R668 million; petroleum, chemical products, rubber and plastic products (4.5 percent or R2.344 billion); motor vehicles, parts and accessories, and other transport equipment (4.5 percent or R1.873 billion); food and beverages (3.5 percent or R1.473 billion); and basic iron and steel, metal products, and machinery (2.9 percent or R1.583 billion).
The value of sales of manufactured products at current prices for the three months to January was 18.1 percent, or R38.491 billion, higher than a year earlier.
The major contributors were basic iron and steel, metal products, and machinery, which contributed 5.1 percentage points or R10.905 billion; petroleum, chemical products, rubber and plastic products (4.5 points or R9.555 billion); motor vehicles, parts and accessories, and other transport equipment (3 points or R6.323 billion); food and beverages (2 points or R4.275 billion); wood, paper, publishing and printing (1.1 points or R2.331 billion); electrical machinery (0.8 points or R1.791 billion); furniture and other manufacturing (0.7 points or R1.568 billion); and glass and non-metallic mineral products (0.5 points or R1.067 billion).
Headline-catching single figures are important. They capture broad trends, and paint a general picture of development and change. But the devil is in the details, and the data on manufacturing are no exception.
<fn>GOV-ZA.15september20051En.2012-02-10.en.txt</fn>
The 14th Conference of Commonwealth Statisticians held in Cape Town from September 5 to 9 has ended.
Its organisation and content were, at least in some ways, a dress rehearsal for the more extensive debates that will take place when statisticians reconvene in South Africa for the 57th session of the International Statistical Institute during August 2009.
The honour bestowed on South Africa in hosting these events is an indication of the growing role Statistics SA plays in the international statistical system and its institutions.
However, questions are sometimes raised as to whether the effort and resources in these gatherings are justified by their outputs and outcomes.
One of our notable guests at the conference was Dennis Trewin, the Australian statistician and head of the Australian Bureau of Statistics, generally recognised as one of the finest - if not the best - statistical agency in the world.
In a report summarising his views on the gathering, Trewin noted that because the theme of the conference was "managing statistics for a more equitable society", it was not surprising that there was a lot of discussion on poverty measurement.
However, Trewin questioned whether there was too much of a focus on income poverty statistics (for example $1 per day) and whether a multidimensional view of poverty would be more productive.
There are, as Trewin notes, many other factors relevant to poverty measurement and alleviation, such as access to education, health and basic services. He emphasised the importance of local data to support decisions on planning and resource allocation.
He questioned whether the proceedings placed too much emphasis on the development of indicators for measurement.
[While] these are valuable, they are only part of a good statistical system. You need the underlying databases to support analysis. This will include data on subpopulations, regions and so on.
"Of course, good quality databases rely on good source data and the international community could give this more emphasis in its activities."
On the opening day, the premier of the Western Cape spoke about the importance of sound and transparent statistics. This stimulated a discussion of what comprises trust in official statistics.
Trust, argues Trewin, "is important for: informed decision making; monitoring what is happening in our countries; our people, the economy or the environment; and governments, if the debate is to focus on what the numbers say rather than on whether they are trustworthy".
The last point suggests Trewin may have to be repeated on many occasions if ministers are to be convinced that debating what the numbers reveal, rather than whether they are trustworthy, is of importance.
Interestingly, Trewin suggests that skills development in relationship management should be a focus of training investment. "Not surprisingly in a conference of this type, we heard a lot about capacity building. We heard about building up skills on strategic planning, leadership and communication skills such as managing the media."
Unsurprisingly for an international conference, international activities and initiatives received considerable attention.
The international comparison programme.
"There was strong support for these initiatives but suggestions for important improvements," notes Trewin.
"For example, for millennium development goal indicators, the key concern seemed to be better managing the situation where country data is different to that submitted by the relevant international agency. There may be scope to take a multidimensional view of poverty."
The conclusion of the Australian statistician is that conferences of this nature are of value, especially in bringing together a large number of diverse countries to share knowledge on the issues facing national statistical offices.
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<fn>GOV-ZA.15yrtabloidafrEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.15yrtabloigEn.2012-02-10.en.txt</fn>
ï¿½ n0LANNING&#12;ï¿½ MONITORINGï¿½ ANDï¿½ EVALUATIONï¿½ AREï¿½ BEINGï¿½ STRENGTHENED&#14;4HEREAREPLANSFORBETTERï¿½ MANAGEment and a single public service.
Since 2004, the focus has been on consolidating democracy and improving state performance.
Democratic transformation institutions and an independent judiciary have been established.
plans and the public trained.
institutions give traditional leadership a role in our democratic system.
And now, after 15 years?
Promoting good governance access to information mainly in the state's possession.
all of society.
Fifteen Year Review.
Special focus on the sectors most affected by apartheid's legacy has helped improve their lives.
Impact of programmes and policies behind in this regard.
<fn>GOV-ZA.16022010En.2012-02-10.en.txt</fn>
Hlatshwayo was covering a story about a traffic officer accused of bribery when Superintendent Molapo allegedly ordered his subordinate to assault him.
According to Hlatshwayo, he was assaulted for publishing a negative story he wrote about Molapo'son. He claimed that he was assaulted in front of another journalist from Mpumalanga News, Ms. Lungile Dube.
MEC Manana has called on the SAPS management to investigate the matter and take disciplinary actions if there is any wrongdoing on the part of the police officers.
"Our country has a Constitution that guarantees freedom of speech, therefore the journalists cannot be harassed or intimated while executing their duties. Should they break the law, they could only be arrested not be beaten. The police are the ones who must assist the state in upholding the law and not breaking it," she said.
Manana says the media has an important role to speak for the voiceless and to act as watchdogs over government on behalf of communities.
"The government cannot therefore allow the situation where the relations between itself and other role players such as the media are compromised by rogue behaviour of police officers," said Manana.
<fn>GOV-ZA.16022011En.2012-02-10.en.txt</fn>
Shongwe was speaking after community members went on rampage on Tuesday and damaged property belonging to the state and also attacking reporters who were covering the protests. In the process, E-TV's equipments were damaged.
He said that all citizens of the Republic have rights including the right by the media to collect news and broadcast them to the nation, therefore the attacks were unnecessary and perpetuated by people who are pursuing criminal activities.
He reiterated that whatever problems the community has, damaging property and attacking people will not help in the course towards enhanced service delivery, and warned that the police will keep on monitoring the situation in order to arrest those who are breaking the law.
He commended the police in the manner they are handling the situation in Wesselton and called on the community members to refrain from committing crime while protesting.
Meanwhile, Shongwe said that as part of eradicating crime in Mpumalanga, he will continue to support the operations of the police in the province.
He said he will continue to be at the forefront of crime prevention initiatives in the province even if some few individuals with narrow political interests are opposed to some of the police operations.
The MEC's statement came after allegations were published on the media that some people are opposed to constant raiding of the taverns by the police who are ensuring compliance among liquor traders.
Shongwe said that it was about time for people to rise above their own narrow political interests and work with the police to create safer communities.
"Crime affects us all, let us all join hands, let us put political ideologies aside and assist the government and the police to make Mpumalanga one of the safest provinces," said Shongwe.
The MEC explained that crime was a national priority and the raiding of taverns was announced by the national government in order to eradicate crime. He said that the purpose of these operations particularly at the liquor outlets is to monitor compliance of these establishments in relation to their licensing requirements and to seize any dangerous weapons, drugs and other illegal items from people who frequent these places.
He said his department remained mindful of human rights of the people who are found at these establishments and police will not deliberately infringe on those rights.
He called on those who claim otherwise to make use of structures such as the Independent Complaints Directorate and the Office of the Provincial Commissioner to report cases of abuse by police.
Shongwe said that although there are those who are complaining, the general indications are that people are happy about the enhanced visibility of police in the residential areas and strong indications are that crime will be reduced.
He said some communities are even calling for more raids at taverns to ensure compliance in the liquor industry. "This will in a long run eradicate crime in the province," concluded Shongwe.
<fn>GOV-ZA.16052011En.2012-02-10.en.txt</fn>
Bushbuckridge community have told the MEC for Safety, Security and Liaison, Mr Vusi Shongwe that they want all taverns built next to schools to be shut down.
The community told the MEC during a Safety and Security Imbizo that was held at Hlamalani open ground on Saturday [14 May 2011].
The purpose of the Imbizo was to mobilize community members to participate in government's programmes of crime prevention and to also solicit community's views on safety and security matters.
Communities of Hlamalani and around the Bushbuckridge Municipality attended the event. One community member told the MEC that taverns built next to schools were disturbing teaching and learning.
The community member complained that during school breaks, their children would go and drink at the taverns.
The community also complained that the police stations where they report crime were too far and that resulted in police officers not arriving in time when called by the community.
They also pleaded that vehicles should be added in police stations to make it easier for police to operate. They added that they need recreation facilities for their youth in order to reduce the level of crime.
However, the community also appreciated MEC Shongwe's efforts for making sure that crime is reduced in the province. They said there is an improvement since the MEC was deployed to the department.
Responding to the complaints, MEC Shongwe told the community of Hlamalani that he was aware of the number of taverns operating in the Bushbuckridge Municipality.
Shongwe said although tavern owners had licenses to operate, they should always comply and adhere to the terms and conditions of their licenses.
"We are still continuing with our Overall Friday project and we will continue raiding taverns. We cannot allow tavern owners to operate while they sell alcohol to children and those who open until the early hours while their licenses states that they should close earlier. We will arrest those who do not comply," said Shongwe.
He added that vehicles were handed over to police stations recently and said he was not aware that police officers were still making an excuse about the shortage of vehicles.
He encouraged the community to report all corrupt police officers and those who misuse state resources.
Shongwe concluded that public participation events will be improved to make sure that they are no longer talk shows, but there will be reports made to address issues raised by communities. He said public participation events must have a meaningful impact towards the development of the province.
<fn>GOV-ZA.160595006En.2012-02-10.en.txt</fn>
It is indeed an honour for me to welcome you and your delegation to South Africa.
Your presence here is yet another example of the degree to which South Africa has rejoined the mainstream of international relations.
This development was, in turn, made possible by the national transfomation that has taken place in South Africa during the past five years. This process lead to the adoption of our first truly democratic and inclusive Constitution in 1993 and to the democratic elections that took place on 27 April last year.
Since then we have had a Government of National Unity that , for the first time in our history represents all South Africans.
What has occurred in South Africa during this period has been described as a miracle - but such miracles do not take place without a great deal of hard work, hard negotiation and good will.
If this miracle is to mean anything in the long run, we must now transform the successes that we have achieved in the constitutional sphere into successes in the economic and social spheres.
Economic growth, in turn, necessitates the adoption and implementation of the right fiscal, monetary, trade and labour policies. We must work toward an economy that is efficient, open and competitive.
It is within this framework that the visit of your delegation has such significance. The accent of your delegation lies in the improvement of our commercial and financial relations. I am sure that during your visit you will discover many opportunities to expand these relations. You will discover high quality products that you can buy from us at competitive prices and you will , no doubt, also unearth possibilities for your products in our market. You will also see that there are important areas of our economy where Belgian investors can be assured of a good return.
In this manner - by increasing the economic and commercial inter-action between our countries - Belgium can help us to achieve our goal of stimulating economic growth and of consolidation the successes of our new society.
We look forward to further expanding and strengthening the relations between South Africa and Belgium in all spheres. I have no doubt that Your Highness's visit will make an important contribution to the achievement of this goal.
It is in this spirit that I would like to propose a toast to His Majesty, King Albert of the Belgium's and to Your Royal Highness.
<fn>GOV-ZA.16082010En.2012-02-10.en.txt</fn>
The newly elected Community Police Forum [CPF] of Sakhile outside Standerton wants the television set removed from the police station.
They say instead of patrolling the streets thereby ensuring police visibility, police officers sit and watch the television.
Although they are happy with the manner Sakhile police officers swiftly attend to crime scenes and arresting criminals, they are however not happy that they are not visible on the streets because they sit and watch television at the police station's community service centre.
Speaking after the elections on Sunday, 15 August 2010, CPF Public Relations Mr Abraham Madonsela said the community wants the television set removed from the charge office because it disrupts the police's operations.
"Even if there is nothing wrong with them watching the television, but they paint a bad picture to the community that they are sitting and doing nothing. The television should be moved to another place, but not at the charge office," said Mr Madonsela.
He explained that there was a good working relationship with the police station, however there were serious challenges that could lead to community not working closely with the police.
Madonsela added that they assisted the police in conducting operations at the taverns and closing down illegal liquor outlets in the township.
We experience problems when we do not sit in the management meetings of the police station. We end up failing in playing our role of linking the police and the community.
"We find it difficult when we do not find a place at the station where we could hold our meetings. It disturbs us when we are also not supported with transport from the police," said Madonsela.
He explained that during the service delivery protests, the CPF managed to educate the community about how to handle their marches such as getting permission from the municipality and the police.
Sakhile Police Station received the third position in the MEC's Excellence Awards as the station that has functioning CPF last year.
Meanwhile, Mpumalanga Safety, Security and Liaison Chief Director Nontsundu Ndonga handed over at least 80 reflector jackets, torches and whistles to the newly formed Sakhile CPF and patrol teams.
She urged the CPF and patrol teams not to abuse the government resources by committing crime while wearing them.
"We are not giving you license to commit crime because the public will respect you as official members of the CPF and patrol teams. This should help you to be easily identified by the police and the community, and that you should be able to alert each other with whistles should there be crime in your vicinity," said Ndonga.
She added that they should recruit more people so that everyone would participate in the fight against crime.
<fn>GOV-ZA.160823En.2012-02-10.en.txt</fn>
Burden of Disease Reduction Project: Symposium Presentation: Approach (File type: ppt; size: 2.
Burden of Disease Reduction Project: Symposium Presentation: Childhood Diseases Workgroup (File type: ppt; size: 2.
Burden of Disease Reduction Project: Symposium Presentation: Cardiovascular Disease Working Group (File type: ppt; size: 1.
Burden of Disease Reduction Project: Symposium Presentation: HIV and Tuberculosis (File type: ppt; size: 2.
Burden of Disease Reduction Project: Symposium Presentation: Measuring Burden of Disease (File type: ppt; size: 2.
Burden of Disease Reduction Project: Symposium Presentation: Mental Health (File type: ppt; size: 3.
Burden of Disease Reduction Project: Symposium Presentation: Traffic Injuries Workgroup (File type: ppt; size: 3.
Burden of Disease Reduction Project: Symposium Presentation: Violence Workgroup (File type: ppt; size: 2.
<fn>GOV-ZA.16085En.2012-02-10.en.txt</fn>
vol.
PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA WHITE PAPER ON RECONSTRUCTION AND DEVELOPMENT CAPE TOWN, 15 NOVEMBER 1994 994 The White Paper on Reconstruction and Development is hereby published by the Ministry in the Office of the President for general information.
PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.
1.2 Why do we need the RDP?
THE GOVERNMENT AND THE RDP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2.
THE ECONOMIC POLICY FRAMEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3.
FISCAL POLICY AND THE BUDGET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 4.
PUBLIC SECTOR RESTRUCTURING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 5.
STAATSKOERANT, 23 NOVEMBER 1994 6. CONSULTATIVE PLANNING FRAMEWORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 6.
CONSULTATION, PARTICIPATION AND CAPACITY-BUILDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 7.
CONCLUSION: A NATIONAL CONSENSUS FOR THE FUTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Our country going through a profound transformation at all levels of government and society to ensure the implementation of the RDP.
At the heart of the Government of National Unity is a commitment to effectively address the problems of poverty and the gross inequality evident in almost all aspects of South African society. This can only be possible if the South African economy can be firmly placed on the path of high and sustainable growth.
The interdependence of the objectives of reconstruction and development on the one hand, and growth on the other is now widely accepted, not only within the Government and the Parliament, but indeed throughout South African society. Achieving these objectives will require a national effort from all groups, sectors and communities.
This White Paper on the RDP sets out the initial plans of the Government to orientate its activities fully and effectively towards these goals.
The Government is fully committed to macro-economic policies which promote the RDP as an integrated and coherent growth and development strategy.
The Government is firmly committed to the gradual reduction in the fiscal deficit, thereby avoiding the debt trap.
To this end, the Government intends to ensure that recurrent government expenditure does not increase in real terms.
A further commitment is to reduce government over time.
The Government is committed to changing the ratio of government spending towards increased capital expenditure.
The Government is committed to financing the RDP primarily through restructuring the national, provincial and local government budgets to shift spending, programmed and activities to meet RDP priorities.
The Government will reorganise and train the civil service to ensure effective and efficient services to all citizens and progressive cost savings.
The Government will develop our human resources, facilitate market reform and establish effective collective bargaining-based rights for all.
Ail the above measures are essential if we are to succeed in attaining the objectives contained in the RDP.
This transformation will permeate every level of government, every department, and every public institution. The Government's RDP activities therefore should not be seen as a new set of projects, but rather as a comprehensive redesign and reconstruction of existing activities. Growth and development are more than interdependent. They are mutually reinforcing. Addressing inequalities will expand markets at home, open markets abroad and create opportunities to promote representative ownership of the economy. The expansion of the South African economy will raise state revenues by expanding the tax base, rather than by permanently raising tax rates.
To succeed in both areas of endeavour the Government will need active partnership with civil society, and with business and in particular. While both business and have the freedom in a democratic South Africa to protect and promote their immediate interests, it is the Government's fervent hope that they jointly pursue the broader challenges of extending opportunity to the millions of adult South currently find no place in the formal economy.
The soon to be established National Economic Development and Labour Council provide a process of engagement between government, business, and other groups in society where a commitment to common goals can be turned into collective action in a concrete programme.
The Government believes that the publication of this is an in establishing the dialogue in which all South Africans will take to a and economy for and to build our nation.
Our people have elected us have high expectations which are legitimate.
the Government cannot meet these needs overnight, we must put into place the concrete goals, time frame and strategies to achieve this change.
I thank all South Africans sincerely for the confidence they have placed in the Government of National Unity and the pIedge to do in our power to deliver goods and services our people want.
President 6 No.
My Government's commitment to create a of the goals of freedom from want, freedom from hunger, freedom from deprivation, freedom from ignorance, freedom from suppression and freedom from fear. These freedoms are fundamental to the guarantee of human dignity. They will therefore constitute part of the centrepiece of what this Government will seek to achieve, the focal point which our attention will be continuously focused. The things we have said constitute the true meaning, the justification and the purpose of the Reconstruction and Development Programme, without which it would lose all legitimacy.
President Nelson Mandela in his Inaugural Address to a Joint Sitting of Parliament, 24 May 1994 0.1 The election of a new government set South Africa on a path of renewal and transformation. Centuries of oppression and decades of formal apartheid require that every talent and energy be brought to the task of reconstruction. The Government of National Unity has begun to give direction to the process by working to establish a new system of governance. New ways of governing will set the example for the restructuring of the rest of our society. No-one doubts that this will be a long and arduous process but all are convinced of its importance.
0.2 The Reconstruction and Development Programme is the policy instrument which will direct the progress of the transformation strategy. It is a programme of policy development and implementation procedures in the Office of the President, and founded in the Government of National Unity (GNU). As the programme develops it will integrate the different organs of government, centrally, regionally and locally in a concerted drive towards the national goals of renewal. Each province will, in time, prepare its own RDP in relation to the central RDP initiative. The RDP offers our country a unique opportunity to bring about renewal, peace, prosperity, reconciliation and stability. It is the product of ongoing consultation, and has been adopted and supported by all political parties in the GNU and in Parliament, and by all sections of our society. It is designed on the foundation of a national consensus and embodies the vision of the future.
0.3 The interdependence between growth, reconstruction and development is a crucial concept in the White Paper. The Government is committed to redistributing resources to address inherited inequalities. It is in this context that the recent proposals adopted by the Cabinet in the 'belt-tightening exercise' must be understood as the release and/or redeployment of resources for more effective utilisation for redistribution through the provision of basic services. Equally, the Government is committed to economic growth, especially to the stimulation of sustainable employment, and will take measures to support industry generally, and especially to advance the development of small and medium-sized enterprises.
0.4 President Mandela defined the original RDP document as representing 'the end of one process and the beginning of another'. In this text, that document is referred to as the RDP 'Base Document', and it is the basic starting point for the RDP White Paper.
Document into a set of concrete implementation strategies.
seeks to enrich and elaborate the RDP through systematic consultation within the GNU and with organisations of society.
detailed policy programmed relating to RDP goals will be incorporated into the White Papers now being prepared by different Ministries.
0.5 This document incorporates the oral and written submissions to the Committee. It reflects Government policy and it is submitted to Parliament for its adoption.
evaluate progress with implementation set out more detailed policy programmed.
What is the Reconstruction and Development Programme?
The Reconstruction and Development Programme is a policy framework for integrated and progress. It seeks to mobilise all our people and our country's resources toward the eradication of the results of apartheid.
developing strong and stable democratic institutions ensuring representivity and participation.
The RDP is well aware that the birth of a transformed nation can only succeed if the people themselves are voluntary participants in the process towards the realisation of these goals they have themselves helped to define. In this spirit, the RDP, which has developed through a process of consultation and joint policy formulation, will continue to encourage organisations within civil society to take responsibility for the effective implementation of the Programme.
Our history has been a bitter one dominated by colonialism, racism, apartheid, sexism and repressive labour practices. The result is that poverty and degradation exist side by side with modern cities and a developed mining, industrial and commercial infrastructure. Our income distribution is racially distorted and ranks as one of the most unequal in the world. Women are still subject to innumerable forms of discrimination and bias, rural people and youth are marginalised. A combination of lavish wealth and abject poverty characterises our society.
The economy was built on systematically enforced racial division in every sphere. Rural areas were divided into underdeveloped and well-developed, white-owned commercial farming areas; towns and cities were divided into townships without basic infrastructure for blacks and suburbs for whites. Segregation in education, health, welfare, transport and employment left deep scars of inequality and economic inefficiency. Violence has had a devastating effect on our society and the need to restore peace and a sense of community security, is paramount.
In commerce and industry, very large conglomerates dominated by whites control large parts of the economy. Cheap labour policies and employment segregation have concentrated skills in white hands. Workers are poorly equipped for the rapid changes taking place in the world economy. Small and medium-sized enterprises are underdeveloped, while highly protected industries lower investment in research, development and training. The informal sector and 'survival sector' include many of South Africa's women workers, who are underpaid and exploited.
The result is that in every sphere of our society - economic, social, legal, political, moral, cultural,. environmental - South Africans are confronted by serious problems.
Against these great odds our people have now achieved a remarkable political transition. All parties in the-National Assembly have committed themselves to the RDP objectives. In a common effort, we can begin to rebuild and stabilise our society.
At the same time, the challenges facing South Africa are enormous. Only a comprehensive approach to harnessing the resources of our country can reverse the crisis created by apartheid.
No political democracy can survive and flourish if the majority of its people remains in poverty, without land, without their basic needs being met and without tangible prospects for a better life. Attacking poverty and deprivation is the first priority of the democratic Government.
How can we do this successfully A programme is required that is achievable, sustainable and meets the objectives of freedom, and an improved standard of and quality of life for all South Africans within a peaceful and stable society characterised by equitable economic growth?
GOVERNMENT 23 NOVEMBER 1994 8 No. 16085 the country. Not expectation be met immediately but the provides the framework within which choices can be made.
The challenge facing the Government facilitate and give content to the six basic principles of the RDP.
INTEGRATION AND SUSTAINABILITY First, we require an integrated and sustainable programme. The legacy of cannot be overcome with piecemeal; unto-ordinated policies. The RDP harnesses our resources in a coherent set of strategies which will be implemented at national, provincial and local level by the Government, and local authorities. Business and organisations within civil society all will be encouraged to work within the framework of the RDP. Due regard will be given to affordability, given our commitment to sustainability and to goals.
Second, this programme must become a people-driven process. Our people, with their aspirations and collective determination, are our most important resource. The RDP is focused on people's immediate as well as long-term needs and it relies, in turn, on their energies. Irrespective of race or sex or age, or whether they are rural or urban, rich or poor, the people of South Africa must together shape their own future. Development is not about the delivery of goods to a passive citizenry. It is about involvement and growing empowerment. In taking this approach the Government will build on the many forums, peace structures and negotiations that our people are involved in through the land.
The and the people-driven process are closely bound up with peace and security for all. Promoting peace and security will involve all people. It will build on and expand the national drive for peace and combat the endemic violence faced by communities in South Africa, with special attention to the various forms of violence to which women are subjected. To begin the process of reconstruction and development the Government will now establish security forces that reflect the national and gender character of our country. Such forces will be non-partisan and professional; will uphold the Constitution and respect human rights. They will assist our society in developing a different, demilitarised ethic. The judicial system will reflect society's racial and gender composition, and provide fairness and equality for all before the law. Peace and political stability are also central to the Government's intention to create an enabling environment to encourage investment. The Government will not tolerate the taking of hostages nor the vadalisation and destruction of property or the environment. Decisive action will be taken to eradicate lawlessness, drug trafficking, gun running, fraud, crime and especially the abuse of women and children.
As peace and security are established, we will be able to embark on nation-building. The success of the electoral process and the establishment of the GNU have set us on the road to nation-building. All parties in the National Assembly have committed themselves to the RDP. Important parties that stayed out of the election began a dialogue with the Government. All these developments are contributing to the task of nation-building. We are a single country, with a single economy, functioning within a constitutional framework that establishes provincial and local powers, respect and protection for minorities, and a process to accommodate those wishing to retain their cultural identity. It is on the basis of our unity in diversity that we will consolidate our national sovereignty.
Nation-building links reconstruction and development. The RDP is based on the notion that reconstruction and development are parts of an integrated process. The RDP integrates growth, development, reconstruction, redistribution and reconciliation into a unified programme. The key to this link is an that will provide access to modern and effective services such as electricity, water, telecommunications, transport, health, education and training for ail our people. This will both meet basic needs and open up previously suppressed economic and human potential in urban and rural areas. In turn, this will lead to an increased output in all sectors of the economy, and by upgrading our infrastructure and human resource development we will also enhance export capacity. For this process to be effective, attention will be paid to those economic factors inhibiting growth and investment and placing STAATSKOERANT, 23 NOVEMBER 1994 16085 9 1.3.8 1.4.1 1.4.2 1.4.3.
1.4.6 1.4.7 obstacles in the way of private sector expansion. Success in linking reconstruction, development and growth is essential if we are to achieve peace and security for all.
A thorough-going democratisation of South Africa is central to a coherent program me of reconstruction and development. Above all, the people affected must participate in decision-making. Democracy is not confined to periodic elections, but is an active process enabling everyone to contribute to reconstruction and development. The democratisation of society will require a process of transformation of both the state and civil society. The Government and its institutions will be restructured to fit the priorities of the RDP. Here, especially, there is no 'business as usual'.
These principles of the RDP must inspire the whole of society to accept that their individual and collective welfare is best served by enthusiastic pursuit of the goals and the programmed of the RDP. These principles require clearly identified and substantiated integrated goals. They require organised structures which can ensure co-ordinated action. They require a standard of measurement accepted by society by which the progress towards the phased achievement of the goals can be judged.
The five sections of the Base Document establish the long-term social objectives of the RDP. These are a guide to action and a checklist of performance for all participants. The objectives described below give the framework for participation in the programmed.
The basic needs of people extend from job creation, land and agrarian reform to housing, water and sanitation, energy supplies, transport, nutrition, health care, the environment, social welfare and security. In creating the infrastructure to meet these needs the RDP will encourage and support the participation of people in making the key decisions about where the projects should be and how they should be managed. These large scale developments are expected to stimulate the economy through the increased demand for producer and consumer goods and services.
In developing our human resources, our people will be involved in the decision-making process, and implementation of the programmed of the RDP. This will empower them, but can only succeed if there is also an appropriate education and training programme. Proper recognition for previously disregarded skills and an integrated approach to education and training will make it possible to achieve maximum capacity. Discrimination on grounds of race, class and gender will be abolished and the creative capacity of the society will be unlocked.
The key support areas for the human resource initiative lie in the education system, in industry, as well as in the home. The RDP sees it as part of its role to bring these institutions together in the most productive way. It will foster the concept of life-long learning and it will work towards restructuring training and education to integrate the energies of all the institutions from the upwards.
The cultural diversity of our people is a major national asset. The RDP will support an arts and culture programme which will provide access to all and draw on the capacities of young and old in all communities to give creative expression to the diversity of our heritage and the promise of the future. Sport will have a significant role in the development of young people, and the activities of the youth, especially of those who have suffered so severely, will be given special attention. Youth, especially young women, will be enabled to play a full role in reconstruction and development.
The human resources objectives underpin the capacity to democratise and renew the society. They are planned to empower the full participation of people on the basis of knowledge, creativity and skill.
The economy is in bad condition. The benefits of its strengths in mining, manufacturing and agriculture are delivered mainly to the small wealthy sector. Its weaknesses are seen in the low levels of investment in productive enterprises, in low productivity and high costs. The poor majority of the people carry the burden of unemployment, bad housing, poor health - in short of the poor performance of the economy. The RDP is committed to reversing the distortions of the economy.
The economy also suffers from other barriers to growth and investment, such as government a comparatively high proportion of our gross domestic product (GDP) absorbed in government consumption expenditure. Other barriers include falling rates of return, capital, outflows, low high import propensity, and stagnating productivity.
A critical in building the economy is the question of worker rights. Past policies of exploitation and repression will be redressed and the imbalances of power between employers and workers corrected. The basic rights to organise and to strike will be entrenched. Negotiations and participative structures at national, industry and workplace level will be created to ensure that labour plays an effective role in the reconstruction and development of our country. Negotiations have already commenced on reforms in collective bargaining and in the broader labour market to facilitate this.
In the world economy, the demand for raw materials including minerals has not grown rapidly and there is intense competition in the production of manufactured goods. The General Agreement on Tariffs and Trade (GAIT) was recently updated to achieve substantial reductions in tariff levels. Our economy must adjust to these pressures if we are to sustain economic growth and continue to develop a large domestic manufacturing sector that makes greater use of our own raw materials and minerals.
A central proposition of the RDP is that we cannot build the South African economy in isolation from its Southern African neighbors. Such a path would benefit nobody in the long run. If South Africa attempted to dominate its neighbors, it would restrict their growth, reducing their potential as markets, worsening their unemployment and causing increased migration to South Africa. If it seeks mutual corporation, it can develop a large, stable market offering stable employment and common standards in all areas. Agreements on the Southern African Power Pool, entrance of South Africa into the SADC, restructuring the Southern African Customs Union and co-operation on security, transport and energy lay the basis for strengthening co-ordination.
World Bank and affect our neighbors and South Africa in different ways. In the case of our neighbors, they were pressured into implementing programmed with adverse effects on employment and standards of living. It is essential that we combine to develop an effective growth and development strategy for all Southern African countries.
Democratic institutions and practices are the cornerstone on which the new society is being built. Proper development is not possible without them. The establishment of a single Public Service in South Africa is a major challenge to the economy and the GNU. The size of the civil service will have to be reduced; equitable and common conditions of service must be guaranteed; increasing efficiency, productivity and accountability are essential preconditions for the success of the RDP.
The implementation objectives of the RDP are bold and innovative. They set out the procedures and the indicators through which the programme will mobilise the participation of the fullest range of social organisations and institutions. The details of implementation are examined and specified in the White Paper.
South Af ricans who are taking an active role in the implementation of the RDP.
1.5.2The White Paper expresses the vision for the fundamental transformation in our society and demonstrates the ways in which the processes of achieving the goals will be implemented and managed. It is the duty of the Government to manage this transformation The Presidential projects are designed not only to meet identified basic needs but to demonstrate the processes of management through which the RDP will operate.
Chapter Two outlines the role of the different levels of government in the RDP.
Chapter Three provides an overview of government economic policies to illustrate the enabling environment that will link growth, reconstruction and development.
Chapter Four considers fiscal policy and the Budget.
Chapter Five puts forward the views on the reorganisation of the public sector, with particular attention being given to the Public Service.
Chapter Six describes the planning frameworks required for effecting the forms of restructuring envisaged in the RDP.
The goal is building the national consensus on which the success whole programme of change contained in the RDP rests.
Chapter Nine is an overview of short to medium-term programmed of the departments of government.
To implement the transformation of society, the Government's first priority is to transform the way the Government itself operates. Co-ordinated, efficient, transparent and consultative government is a basic premise of the RDP. This lays the groundwork for the involvement of other sectors of society.
The Government will take the lead role in implementing the RDP, but with clear criteria so that all citizens can become involved in implementation and can monitor the Government's progress. Together, the Government and the people of South Africa will give renewed priority to the provision of goods and to meet basic needs, develop our human resources, build the economy, and democratise the State and society.
This chapter of the RDP White Paper outlines the different roles of the Government. The 1993 Constitutio provides for different levels of government at national, provincial and local levels, and allocates competencies and powers to each. When the final Constitution is adopted, the parameters for the roles of different tiers of government over the coming years will be set. It is anticipated, however, that every office of government, from the smallest village council to the largest national department, will have to be restructured to take forward the RDP.
These programmed relate closely to the major principles set out in the RDP Base Document. The programmed will include carefully identified and selected projects. The projects and the monitoring of performance are designed to ensure compliance with project business plans, and reporting of salient information.
The National Government will set the broad objectives of the RDP and with Provincial and Local Governments provide a policy and regulatory framework to facilitate its implementation at provincial and local level. This will involve setting up RDP funding processes in the context of sound fiscal policies; the provision of research, monitoring, statistical, auditing and performance assessment for the RDP; the facilitation of intergovernmental consensus and the restructuring and reorienting of the Public Service towards the goals of the RDP. A variety of structures are already being formed to carry out these objectives.
The President is leading the transformation and renewal of our society, and is responsible for the overall co-ordination of the RDP.
The Special Cabinet Committee on the RDP, co-ordinated by the Minister without Portfolio, comprises Ministers from the departments responsible for policy formulation and implementation of the RDP.
ensure interdepartmental and intergovernmental co-operation set goals, targets and priorities develop an institutional framework and change management strategy including performance monitoring ensure that projects comply with accepted environmental norms ensure adequate funding of programmed monitor and evaluate progress with implementation co-ordinate the preparation of legislation link RDP planning to the Budget process establish a poverty-monitoring and information management system.
A Core Committee, constituted by the Ministers, Deputy Ministers and Directors-General of Finance and State Expenditure, Public Administration, Constitutional Development, Public Works and the Office of the President , supports the work of the Special Cabinet Committee, STAATSKOERANT, 23 NOVEMBER 1994 16085 13 2.2.6 2.2.7 2.2.8 2.2.9 2.2.10 2.2.
evaluate progress with implementation, in consultation with the Standing Committees responsible for other departments review and promote RDP-related legislation.
The Minister's Annual on the RDP will be submitted to the Select Committee in conjunction with the Annual Budget Review. The Annual Report will set out RDP programmed and projects, and their successes and failures.
This review will better enable Parliament and the public to judge the way in which the Government has used the funds voted in the Budget and focus Budget debates more clearly on RDP priorities.
Other Select Committees with jurisdiction over RDP implementation will have similar rights and responsibilities, particularly with respect to the budgetary process and performance monitoring. Parliamentarians also have a vital role in RDP implementation and monitoring, and their ability to integrate the concerns of local constituencies with the process of governance will become crucial as the RDP is tested on the ground. Like all other institutions of government, Parliament should review its activities, structures and rules in order to advance the RDP. Significant progress has already been made in this respect.
The Minister without Portfolio has convened task teams to build interdepartmental and intergovernmental co-operation around RDP implementation. These task teams comprise representatives of appropriate national departments, Provincial Administrations and parastatals, with the assistance of technical experts and representatives of appropriate organisations of civil society.
advise the Special Cabinet Committee on the RDP on strategic priorities.
Interdepartmental task teams have been established in the following areas and others are being created as human resource and capacity development urban development rural development.
The committee is comprised of the Ministers and Deputy Ministers of Labour, Trade and Industry, Finance, Public Works, and the Minister without Portfolio.
Under the Minister without Portfolio several existing planning and information bodies will be restructured into a core policy and planning capacity. This will include the Central Economic Advisory Services C the Central Statistical Service and the National Productivity Institute among others. The roles and functions of these bodies will be reformed in line with the RDP and constitutional requirements. With a leaner, but more system of information, measurement and strategic planning, the Development Planning Branch will support the Government in development planning and change management strategies. It will also set out a draft urban development policy and draft rural development policy. This will occur in consultation with interdepartmental RDP task teams, Provincial and Local Governments, the civic movement and organised business. The Development Planning Branch will aim to complete an initial draft for submission to the RDP Special Cabinet Committee, the RDP Parliamentary Standing Committee and the by March 1995. Such policy frameworks are essential contributions to a national development strategy.
Procedures are being developed by the Public Service Commission, the Commission on Provincial Government and line function departments to access and possibly rationalise the policy capacity of parastatal institutions. All these agencies will provide support to national line function departments and to other institutions involved in RDP implementation.
The RDP is implemented through the programmed of the national line function departments and particularly of Provincial and Local Governments. The RDP Office is not in competition with these departments. The Office of the Minister without Portfolio is not an implementing agency, nor are RDP co-ordinating structures in Provincial Government. Without detracting from emerging forms of co-operation amongst Ministries, the RDP Office will ensure effective management of the transformation process.
To this end, the Intergovernmental Forum has been established to provide for consultation and joint decision-making between Ministers representing the National Government and the Premiers of the respective provinces on matters of mutual interest including the RDP. The forum meets on a monthly basis, and will be attended twice a year by the President and the Executive Deputy Presidents. The permanent members of the forum are the provincial Premiers, the Minister of Constitutional Development and Provincial Affairs, the Minister without Portfolio responsible for the RDP, the Minister of Finance and the Minister of Public Service and Administration, assisted by their directors-general.
The Intergovernmental Forum is supported by the Intergovernmental Technical Committee, comprising the Directors-General of the Departments of Constitutional Development (as chairperson), State Expenditure, Finance, Office of the Minister without Portfolio, Office of the Public Service Commission and Justice, as well as those of the nine Provincial Administrations. This forum will assist the Intergovernmental Forum on technical matters.
A number of Ministerial Forums between national Ministers responsible for Schedule 6 functions and their provincial counterparts have also been established.
policy and strategy formulation and implementation the co-ordination of legislation the efficient and effective employment of resources the transfer of information national norms and standards governing the performance of these functions.
The interaction with the Financial and Fiscal Commission which advises on the fiscal transfers and financial arrangements to support those strategies, and the Commission on Provincial Government, will help ensure that all levels of government are working in harmony to implement the RDP.
The RDP Fund, established in terms of the RDP Fund Act of 1994, and administered by the Ministry of Finance, is vital for both the reform of the Government and the implementation of the RDP. Allocation of funds is controlled by the Minister without Portfolio.
to leverage Government spending and the entire Budget to the new priorities, to encourage institutional reform and public sector restructuring, to redeploy the civil service in line with new priorities, to kick-start the Presidential Projects and launch the long-term programmed, to assist Government in directing expenditure away from consumption spending and towards capital investment, to change the budgeting process.
There are several sources for the RDP Fund. First, the fund will initially draw its resources from money appropriated by Parliament for the fund through savings by the departments. In the 1994/95 Budget R2,5 billion was allocated to the RDP Fund.
2,5 billion thereafter. Future decisions on RDP Fund allocations will be made on the basis of its effectiveness as a tool for RDP implementation. In effect therefore the RDP Fund consists of funds which have been removed from departmental allocations and can be reassigned to them subject to compliance with the new priorities. Priorities will be determined through proper strategic planning by Ministries and Departments.
Second, the Government's receipt of international and domestic grant aid will be directed to the fund. The process of democratisation has normalised relationships and now allows access to the broadest possible international financial base. An interdepartmental committee has been established from the Departments of Finance, State Expenditure, Trade and Industry, Foreign Affairs and the Office of the Minister without Portfolio as well as the CEAS to consider the aid offers of donor nations and multilateral agencies.
STAATSKOERANT, 23 NOVEMBER 1994 No. 16085 15 2.3.4 2.3.5 2.3.6 2.3.7 2.3.8 2.3.9 2.3.10 2.4 2.4.1 programmed, with a view to optimizing the use of grant aid and of finance as part of integrated funding package for each programme.
The first major donor conference was held in October 1994 on human resource development. The conference welcomed the establishment of the Interdepartmental Committee on International Development Co-operation (lClDC) which will liaise with the donor community. It was agreed that aid would be provided within the framework of the RDP. Donors have emphasised the need for co-ordination of aid and for clear priorities from the Government. The Government distinguished between co-ordination and implementation arrangements for development assistance. The arrangements now adopted have been developed in consultation with donors.
Similar conferences will be held with donors to facilitate the process of channeling development aid. Careful attention will be given to assessing both the appropriate uses and applications of foreign support and conditions which attach to such funds. Where grant aid is utilised, care will be taken that grants used in RDP programmed are for once-off programmed and do not entail carry-through costs to be accommodated in departments' budgets in ensuing years, unless this has been included in forward planning. Where confessional loans are granted, care will be taken to assess the effective cost given currency fluctuation. It is expected that all Departments and Provinces will liaise with the interdepartmental committee in soliciting aid.
Third, the RDP Fund will benefit from interest earned from the investment of money standing to the credit of the fund.
Fourth, the RDP Fund will benefit from proceeds from the sale of state assets. The Government recognises that the location and composition of state assets may not be optimal and has begun an audit to dispose of those assets not relevant to the RDP. Due regard must be taken of section 239 of the Constitution.
Fifth, the RDP Fund will draw upon other sources of funds, including revenue from lotteries and gambling. These are potentially huge sources of revenue and a very high percentage of earnings should accrue to the programmed of the RDP.
Local Government is in the process of redirecting funds for utilisation within its total area of jurisdiction. The exact value of this redirection is not determinable at present, but over a period of years could represent a substantial amount of financial and human resources.
About half of the billion allocated from the RDP Fund for 1995/96 is required for carry-over costs. The remainder of the allocation will be directed into RDP projects which are already being funded as priorities by Department, but which require further bridging finance. Proposals for the allocation will arise from the discussion on reprioritisation of the Budget which will take place with each line department and provincial government.
In his State of the Nation Address to Parliament on 24 May 1994, the President set out key programmed which would launch the delivery of the RDP in the first 100 days. The task teams in consultation with national departments and the Provincial Administrations then identified specific projects which could be initiated within the 100 days while at the same time launching the key programmed.
high impact on the communities they serve empowerment of these communities economic and political viability and sustainability job creation provision of basic needs training and capacity development affirmative action with respect to gender and race visibility transparency potential to leverage funds from old priorities to new priorities by requiring departments to provide matching funds from their budgets and to carryall recurrent costs. Other than in very exceptional cases, no recurrent costs will be funded some existing capacity to start implementation.
The payment of service charges will be crucial for the funding of recurrent costs.
Commission attention the case of local authorities with severe constraints arising from a base and poverty.
The projects have been aPProved the Cabinet subject to processes. First, there must be analysis of the carry-over and recurrent costs generated by the project. The Department of State Expenditure has these costs and ensured that they can be accommodated within departmental and provincial budgets. Alternatively, the Minister and accounting concerned must undertake in writing that funds will be found in future budgets of the relevant department. Such forward planning will be a prerequisite for all projects funded or from the RDP Fund. In addition, projects must be implemented without increasing staffing levels except authorised exceptional circumstances. These requirements are intended to become standard for government.
Second, standard format business plans are being devised for all projects. This is dealt within more detail later and is intended to become a standard for all programmed of the Government at all levels. The National and Provincial Government will enter into a performance contract with each other and with the local and all other based on the business plan. Such a performance contract will spell out the rights and responsibilities of all stakeholders.
The Presidential Projects demonstrate that the RDP Fund is not intended to provide money for a selection of isolated projects. However deserving in themselves, projects will only be funded from the RDP Fund if they have long-term implications for communities, and for the transformation strategy and programmed.
An initial misunderstanding amongst government officials, local government employees and communities is to view the RDP as merely a collection of large or small development projects. They therefore expect the relationship between themselves and the Minister without Portfolio and the Minister of Finance to be purely related to funding. As a result, many communities and all Provincial Governments are in the process of drafting their own RDPs with an external funding orientation in mind, whether from the RDP Fund or development aid. Some flexibility will be required because local government structures will not be in place in al! areas.
While these initiatives are extremely encouraging and creative, the constraints on the RDP Fund will make it impossible to finance from this source alone the vast majority of projects proposed in local and provincial Local community RDPs must therefore consider instead the reform of local spending priorities, the of resources including staff, the reform of local government practices, increased consultation, transparency and accountability, and improved service quality to all citizens.
As a result, those development projects which are solely funded from external sources - whether from the RDP Fund or development aid - will be the exception. Most RDP-related projects will have to be funded either from existing funds of the Local or Provincial Governments or from the line function departments of the National Government.
from the RDP Fund and the discretionary funds made available to the Provincial Administrations for this purpose from the RDP Fund (in total RI 00 million). Within its constraints, government will look more favorably on community projects.
In particular, Provincial and Local Governments should be required to implement efficiency programmed, and to review all existing programmed and projects in the same way as is now expected of the National Government. In spite of this reorientation, it is clear that there will continue to be a huge shortfall in the funds which communities, Local and Provincial Governments, and national government departments regard as essential for their high-priority programmed.
All line function departments and provinces have been asked to prepare a five-year strategy to reorientate their programmed, improve their efficiency and enhance their use of resources consistent with the RDP.
'In line with the objectives of the RDP, we will, by the end of the year, require clear medium and long-term strategies from all departments and institutions on mechanisms of shifting their operations to meet the requirements of reconstruction and development.'
Difficult decisions will have to be made, including the closing of programmed, in order to redirect resources and staff to RDP priorities.
The President continued, in his speech closing the Presidential Budget Vote debate on 21 August: STAATSKOERANT, 23 NOVEMBER 1994 16085 17 2.5.3 2.5.4 2.5.5 2.5.6 2.5.7 2.5.8 2.5.9 2.6 2.6.
'This means a new culture within the Government as a whole, hands-on management by the Ministers and the Office of the President. Yet we should constantly improve on this, to ensure that we do not allow. . . a sense of unguided drift at any level of Government. . . We [must] ensure constant monitoring and timely interventions where necessary to reorientate all departments to the major national tasks at hand. This includes a system of regular reports from Ministries on the basis of guidelines dictated by reconstruction and development perspectives.'
Implementation of transformation strategies is an extremely difficult management exercise. Departments have to situate their strategies within short, medium and long-term goals and priorities. Ministries and institutions will be asked to agree on key performance indicators and reporting procedures to comply with the President's instructions. A systematic business planning exercise for each Ministry, tier of government and parastatal institution will be facilitated where required by the Office of the President. Public enterprises, the private sector and NGOS will also be requested to make expertise available to assist.
An Act, to be called the RDP Act, will be tabled in Parliament to set out the procedures which the Government and its agencies will follow in complying with these reporting procedures. In particular, the Budget Review will be linked on a programmatic basis to the annual evaluation of the RDP, and will link RDP categories and programmed to those in the Budget for the purposes of the review and the evaluation. The Government accounts will also be redrawn to allow evaluation of the progress of reconstruction and development.
There will be a tendency for inertia when existing programmed of the Government at all levels are reviewed for the purpose of redirecting expenditure and resources. In the planning and budgeting process, it is therefore essential that departments and tiers of government place all programmed on equal footing in allocating funds, staff and resources. Programmed should not be preferentially funded and staffed purely because they have been previously established. Similarly, a programme should not be prejudiced simply because it is new. It is only if this process of review 'on a level playing-field' takes place that significant redirection of resources can occur. Otherwise, most RDP programmed will remain as 'add-ens'.
In order to improve efficiency and effective resource utilisation, programmed must be based on clear business plans. These plans must provide for clear and measurable outputs, and for performance assessment by means of defined indicators. The structure and format of business plans as well as key performance indicators must ensure uniform performance appraisal. Key performance indicators which encapsulate the output from programmed are required to be reported regularly to the Minister responsible for each department.
High-level indicators which reflect more general progress of departments and broad programmed will be reported regularly to the President and the Cabinet. An annual evaluation of the RDP will be reported to Parliament, based on indicators which specify the results of all programmed funded from the Budget, with indicators of effectiveness and compliance with stated aims and goals. Indicators will be developed or adapted to allow, among other things, the reporting of issues such as transparency, accountability, affirmative action, accelerated development, empowerment of communities, freedom from fear of crime and repression, recreation, and educational development.
An efficient information management system is the key to the maximum utilisation of scarce resources. It is crucial that we develop an information management system that allows Government to effectively communicate and avoid duplication of effort between different Departments and Provinces. This is also a prerequisite for proper governance and performance assessment. Improvement in the statistical base is necessary if we are to collect accurate information on poverty and to progress in implementing the undertakings contained in the Constitution, the Bill of Rights and the RDP. To achieve these goals we need to define a common set of data elements, and create a common and a compatible system that is user-friendly.
The Office of the Minister without Portfolio will develop a communication strategy on the RDP. The aim of such a strategy will be to effectively communicate the objectives of and progress with implementing the RDP to allow the public to be fully informed and to participate. The communication strategy will seek to inform the nation through the effective use of the mass media and co-operating with existing organisations. The RDP is based on consensus and so depends on effective communication.
South Africa is characterised by uneven development, with extreme poverty in many parts of the country. Basic infrastructure is lacking in poorer areas of most provinces. In all provinces the spatial distribution of resources is extremely uneven. Each province should develop a strategy for implementing the RDP in the context of its particular circumstances.
affairs.
Executive Committees and of members interdepartmental task teams in the process of provincial and local delivery.
In some non-statutory regional economic development forums and the statutory Regional Development Advisory Committees have merged, a process the Minister without Portfolio will encourage in provinces to facilitate formal inputs to Provincial RDP policy-making involving all stakeholders.
Development and ensure consistent and coherent national and provincial formulation.
redirect expenditure and resources to the priorities introduce the necessary reforms to meet the conditions for RDP implementation and consult with local communities on RDP programmed distribute untied funds to local communities in accordance with conditions contained in the RDP contract with the National Government conduct operations in such away as to meet the monitoring and auditing requirements of the National Government.
mechanisms will be geared strongly towards developmental planning and delivery. Although individual line function departments and the provinces will have autonomous relationships, it is desirable that overall integrating mechanisms be established. Provincial RDP offices will develop policy advisory capacity, either on a contract basis from other levels of government and or from the private sector, universities, and civil society.
What is crucial again is that the RDP is not reduced to a collection of projects, but instead becomes an integrated programme of transformation.
harnessing and unlocking the political and creative energies of our communities to ensure a truly people-driven process.
These provincial strategies for implementing the RDP should be presented to the Minister without Portfolio, as well as to the Intergovernmental Forum.
in addition, the Constitution requires that allocations to provinces out of the National Government's fiscal resources be equitable and distributed on the basis of Financial and Fiscal Commission formulae. Equity also implies that the cost of service delivery is not excessive. Finally, the National Government requires that audit and monitoring functions be vested also in the appropriate national department or associated structure.
The National Government wishes to unlock the political and creative energies of the people and bring the Government closer to the people. Local Government is therefore key. The National Government, together with the Commission on Provincial Affairs and Provincial Governments, will ensure proper co-ordination of the development process, maintenance of standards and coherence of change management strategies. Local government faces critical financial problems and will have to find new financing strategies with the provincial and national government, with due regard to section 158 of the Constitution. An ad hoc committee of Parliament, including the Departments of Finance, Constitutional Development and Provincial Affairs and the Office of the Minister without Portfolio has initiated this process already.
In general, local authorities are key institutions for delivering basic services, extending local control, managing local economic development, and redistributing public resources.
STAATSKOERANT, 23 NOVEMBER 1994 No. 16085 19 development projects.
Because the RDP depends on democracy and social stability in local communities, the management of institutional change and the delivery of municipal services must occur simultaneously. Restoring and upgrading services where they have collapsed, and extending services to new areas, are vital preconditions for the continued of the new local authorities. Improved services must be implemented in a manner which enhances appropriate institutional change within local authorities.
The principle of payment for services is fundamental to the implementation of the RDP, with due cognizance given to poverty, administrative constraints and an equitable and fair default procedure. Payments must be related to costs.
Local authorities must make sufficient resources available for the extension and upgrading of municipal services, and for capacity-building to permit community-based structures to assist in local planning and implementation of the upgrading. Local Government will need additional sources of revenue for operating, maintenance and subsidy expenses, as well as staff retraining and some new capital expenditure.
Additional funding from the RDP Fund will be conditional upon a set of criteria which demonstrate local authorities' good faith in moving to democracy as rapidly as possible. RDP funding will be made available only if amalgamation of different jurisdictions proceeds effectively, if single budgets are adopted for a single municipal area, and if the local government electoral process is under way. The transitional local authority will gain access to increased resources only if it becomes developmental in its orientation, proactive in winning the trust of all local residents, sensitive to issues of affordability, creative about financing, and more efficient in delivery of services. Local authorities must demonstrate that they are already, in the transitional phase, shifting resources (staff, management, equipment, skills), switching their spending priorities, freezing clearly inappropriate projects and engaging in consultation with community groups. Through such means, it will be feasible to build new local institutions which will take the RDP forward.
In sum, the establishment of democratic and developmental processes in Local Government is vital. In most rural areas, where the third tier of government does not exist, Provincial Government will be encouraged to initiate a process of building Local Government. This process should be driven by local communities themselves. In addition, where there are interminable delays in implementing the Local Government Transition Act, where interim councils are not being appointed, where boundary disputes are debilitating, and where preparation for the 1995 Local Government Elections is not proceeding effectively, the Provincial Government will use its power to impose solutions.
The GNU inherited an economy characterised by a number of structural problems. These are fully set out in the Base Document and will not be repeated here. The challenge is to correct those problems and regenerate economic growth and a more equitable distribution of the benefits of such growth. The RDP provides a strategic framework to address these problems. It recognises the simultaneous necessity of meeting basic needs, developing human resources, building the economy and democratizing the State and society. In implementing these programmed, changes are necessary in institutional arrangements as well as in the orientation of policy.
The role of the Government and the public sector within the broader economy has to be redefined so that reconstruction and development are facilitated. In a wide range of areas the GNU will take the lead in reforming and addressing structural conditions. In doing so its guidelines will remain the basic people-driven principles of the RDP.
Employment creation is the central priority. We have to reverse the low levels of investment and saving and the outward flow of capital to improve the environment for productive investment. In addition the GNU will facilitate intensive methods in the public sector through the National Public Works Programme administered by the Department of Public Works.
Greater participation in the economy and less concentrated, more racially and gender inclusive ownership patterns are essential. Small, medium and micro enterprises need to play substantially larger part in economic activity. The RDP must address the legacy of inequality is addressed.
In the market discriminatory practices of the past have collective bargaining and left our with a distorted and inadequate skill base. In both these areas substantial progress has been made in recent years and we will now build on and accelerate these developments.
The Government's central goal for reconstruction and development is to meet the social and economic needs of the people and to create a strong, dynamic and balanced economy which will create jobs that are sustainable, and increase the ability of the economy to absorb new job-seekers in both the formal and less formal sectors alleviate the poverty, low wages and extreme inequalities in wages and wealth generated by the apartheid system to meet basic needs, and thus ensure that every South African has a decent living standard and economic security address economic imbalances and structural problems in industry, trade, commerce, mining, agriculture and in the finance and markets integrate into the world economy the growing home base in a manner that sustains a viable and efficient domestic manufacturing capacity, and increases the country's potential to export manufactured products address uneven development within the regions of South Africa and between the countries of southern Africa ensure that no one suffers discrimination in hiring, promotion or training on the basis of race or gender develop the human resource capacity of all South Africans so the economy achieves high skills and wages democratise the economy and empower the historically oppressed, particularly the workers and their organisations, by encouraging broader participation in decisions about the economy in both the private and public sector.
The RDP will foster a new and constructive relationship between the people, their organisations in civil society, key constituencies such as the trade unions and organised business, the Government, and the workings of the market.
The Government can only achieve its economic objectives if it establishes transparent, participatory and accountable policy-making procedures in both the public and private sectors. The Government, the trade STAATSKOERANT, 23 NOVEMBER 1994 16085 21 union and civic movements, business associations and other relevant.organisations of civil society must co-operate in formulating economic policy. The Government will review the inherited economic departments and agencies to streamline policy-making and implementation, and to define appropriate relationships with interest forums and the various tiers of government. The National Economic, Development and Labour Council will extend and enhance the work of the National Economic Forum as a consultative structure.
Economic growth is critical for sustainable improvements in services and incomes. We must shape the expansion of the social and economic infrastructure to stimulate industry and agriculture. These policies must be co-ordinated with the development, on a co-operative basis, of the southern African region as a whole.
The Government's economic policies require human resource development on a massive scale. Improved training and education are fundamental to higher employment, the introduction of more advanced technologies, and reduced inequalities. Higher productivity will be the result of new attitudes towards work and especially new skills in the context of overall economic reconstruction and development. New and better management skills are urgently required.
Basic to the consultative and interactive approach to economic policy are the protection of worker rights and labour standards, and proactive labour market policies. The RDP makes a decisive break with the exploitative cheap labour policies of apartheid and moves toward education, training, skills, a living wage and collective bargaining as the basis for enhanced productivity in the economy.
Gender equality is also a major objective of economic policy. Market failure often exacerbates discrimination which already exists within the Government and the wider society, leading to comprehensive conditions of discrimination against women, to artificial notions of 'women's work' and 'men's work'; employment discrimination in public works projects; unpaid by women; credit constraints for women with limited collateral; insufficient resource allocation to early child care and education.
In addition to economic discrimination women also suffer under the social consequences of discrimination such as gender discrimination in law enforcement and treatment of offenders; discriminatory treatment on the basis of marital status or pregnancy, and insufficient public health services.
Policy objectives include identifying and addressing gender-biased aspects of government practice and economic management, and in particular increasing training opportunities for women, establishing parental rights, improving credit subsidies and innovative credit schemes ensuring the public provision of child care, and improved opportunities to benefit women.
To these ends, economic policy must specifically address South Africa's problems on the basis of its strengths.
financial and monetary discipline in order to finance the RDP, reprioritise public sector activity, facilitate industrial restructuring and establish fair and equitable user charges the establishment of an economic environment conducive to economic growth trade and industry policies designed to foster a greater outward orientation so as to sustain high employment levels and levels of participation in the economy a modernisation of human resource programmed to meet the challenges of changing production processes a reform of market institutions in order to facilitate effective and equitable collective bargaining and the restructuring of employment patterns.
The Government has already acted decisively to bring about a structured change in fiscal policy and this will begin to have the desired macro-economic effects. The immediate challenge facing the Government has been the need to finance and staff the RDP without exacerbating the unacceptably high government debt. In particular, consumption expenditure has risen to more than 20 per cent of GDP and interest repayment is absorbing more than 17 percent of the Budget. Increasingly, the market evaluation of such a situation was that the Government could not curb expenditure, would continue, the balance of payments would be adversely affected and inflation would rise. As a result, interest rates rose and increased the government debt burden. In the context of such macro-economic instability, other crucial objectives can be undermined.
Therefore, not only has the RDP Fund financed the overall process for taking forward the RDP, but it is also aimed at reducing government expenditure wherever possible. Certain problems faced the Government 22 No. 16085 in this objective in the 1994/95 Budget. These included the additional transition costs and the of debt incurred by the former Transkei-Bophuthatswana-Venda-Ciskei territories. raised the stock of debt and interest payments that were previously accounted for as transfers.
Government within was set out, thereby increasing transparency.
A substantial of the additional transitional costs was paid for by a once-off levy. Stringent steps are being taken to curb actual expenditure and no additional expenditure is authorised unless it passes the rigorous tests of the Treasury Committee.
Guideline figures the 1995/96 Budget have already been circulated and they again no real increase in consumption expenditure. The guideline figures also achieved no real increase in the deficit before borrowing as a percentage of GDP. It should also be borne in mind that in 1995/96 an amount of R5 billion is allocated to the RDP Fund. This effectively imposes lower real expenditure on departments which can be corrected by recourse to the RDP Fund, a process set out in more detail in the next chapter.
A process of co-ordinating and identifying all development assistance has been decided upon. This ensures that the Government will not incur further debt through such assistance and that it is utilised in the most effective manner.
The requisite fiscal and monetary discipline, and reorganizing the financial relations of National, Provincial and Local Government, will ensure that the public sector's impact on the macro-economy will be positive. The public sector will therefore better utilise its resources; increase capital expenditure and facilitate private sector investment, have relatively more resources for meeting needs, rather than paying interest.
In addition, a stable price environment will assist in the restructuring of industry and of collective bargaining structures. Improvements in social wages on a viable basis will also be facilitated by stable prices, therefore an effective user charge system can be developed.
A combination of factors therefore demonstrates the Government's commitment to reducing consumption expenditure.
forcing the Government to its expenditure rather than seeking new sources of finance the redirection of consumption expenditure to capital expenditure through the RDP Fund an additional decrease in consumption expenditure in the Public Service by not filling all vacancies created by natural turnover a systematic change management linked to performance assessment required forward planning on all projects and programmed the introduction of systematic business plans for all projects and programmed of the Government.
The levels of net domestic saving and net domestic investment have declined to alarmingly low levels. This must be addressed urgently. The first steps began with the election of the GNU and the remarkable political transition the country has experienced.
In the previous section of this document, some of the steps the Government has taken to consolidate confidence were set out. However, a number of other policy areas must be addressed to improve the overall environment for investment and saving.
In the 1994/95 Budget, corporate taxation was addressed. The lowering of corporate tax combined with the increase on secondary tax on companies favoured reinvestment and growth. There were, however, limits to the extent to which other adjustments could be made, because other major issues such as tax on married women and value-added tax (VAT) on basics were also under consideration. It was decided to refer this to a Tax Commission in order to take a considered, coherent approach to the problem. It must be noted that the lowering of corporate tax by itself will not necessarily promote domestic saving and investment. In particular, programmed to address the ongoing violence and criminal activity should be widely supported.
However, the President has indicated that attempts are being made not to increase the general level of tax, wherever possible. What is being considered is the specific composition of the tax system.
The fundamental goal of the RDP is an employment-creating, economy which will ultimately lead to full employment. Secondly, redistribution must occur to alleviate poverty in the process of meeting basic needs. The RDP takes the view that neither economic growth by itself or redistribution on its own will resolve the serious crisis in which South Africa finds itself. Therefore, to achieve a successful STAATSKOERANT, 23 NOVEMBER 1994 16085 23 economy the Government will adopt an integrated approach to reconstruction and development.
In addition to the series of immediate measures undertaken by the Government to begin to address the structural deficiencies in the South African economy, the RDP provides a consistent, coherent framework within which several key economic initiatives - including those involving investment, trade, industrial strategy, competition, small business and markets - can be applied simultaneously and in a mutually reinforcing manner. Such an interlinked approach is the only means of overcoming structural barriers to growth, including high unemployment, poor social infrastructure, inequitable income distribution, primary product export dependence and excessive protection. The next sections of this document describe policy initiatives in this spirit.
The Government will make substantial public investments so as to meet the basic needs of all citizens and in particular the disadvantaged. The Government will also encourage private investment in areas not previously explored. A successful growth strategy depends critically on an increase in productive investment from both public and private sources. Public investment in sectors of the economy aimed at alleviating poverty - such as construction and building materials, communication, health and human resource development - would logically also attract private investment once they are developed as more active markets.
The Government is committed to creating an enabling environment that will encourage private investment by facilitating efficient markets and by redressing the distortions of the past. The private sector will be encouraged to enhance its competitive edge in producing new product lines that not only serve the domestic market, but also gain access to the international markets.
The Government welcomes foreign investment in accordance with its objectives for growth and development. The RDP accepts that the route to attracting foreign investment is by establishing a climate of political stability, economic growth, and transparent, stable and consistent policies. The implementation of the entire RDP is the surest guarantee to attract investment from both domestic and foreign direct investors.
The principle of national treatment will apply to foreign investors, who would enjoy the same treatment as domestic investors and would be obliged to abide by South African laws. Subject to regulations administered by the South African Reserve Bank, foreign investors will have access to foreign exchange for the purpose of remitting after-tax profits and debt service, or approved loans, purchasing inputs and repatriating proceeds on the sale of assets.
Investment would be attracted into areas which stimulate the long-term competitiveness of the South African economy.
The objectives of the Government's industrial policy are employment generation, increased investments, improved trade performance and enhanced productivity. Attaining these goals will require a focus on both the restructuring of existing industries and the correct identification of new areas of industrial development, especially in ways which will encourage the adding of maximum value to the country's natural resource endowment. Anew approach to industrial policy will require a commitment from the entire nation, including tripartite decision-making which draws contributions from the Government, and business.
Reconstruction of the economy must be linked to development. In the process, a more dynamic manufacturing sector will emerge as a growing source of productive and well-paid employment opportunities and industrial learning. The present weakness of the manufacturing sector must be judged in terms of the global trend, in which markets for manufactured commodities are growing more rapidly than those for natural resources.
Investments that follow the logic of the RDP offer tremendous opportunities for the South African industry.
In particular, major investments will be made in electricity, health, housing, education, telecommunications the information infrastructure, transport, and public works such as roads, water and sanitation. This expenditure will take place primarily in order to provide for basic needs and infrastructure. Manufacturers and service industries will therefore have opportunities to design efficient attractive products and processes, which are appropriate for local conditions and could create important export niches.
In this respect, the RDP provides a challenge to design products and processes which will also have a ready market in areas such as South America, Africa, Eastern Europe, Asia and the Pacific Rim. Already, products designed for community telecommunications facilities and for electrification have proved extremely successful in the export market. The RDP creates a large local market for industry which allows it to design and develop products with a stable home base. This also provides the predictability to allow the extensive restructuring which is needed to make the country's industries more efficient and effective. For instance, the domestic appliance industry expects its local market to increase by millions of new consumers, and is thus restructuring itself and designing new products.
Government should facilitate the response of industry to this challenge. Rather than undirected incentives, support should be directed at sectors which can respond to RDP investment and growth areas. This support will take the form, among other things, of the provision of training, research and development, design, technology acquisition and marketing.
In addition to direct local linkages between manufacturing and the RDP, policies will be aimed at five objectives which will create sustainable employment and growing industries. First, the Government will aim to extend the international competitive edge of selected industries. Second, light manufacturing will receive support if they show the potential to emerge from existing protection. Third, the void between primary commodity industries and manufacturing industries will be filled through Government encouragement of forward linkages and minerals Fourth, the Government will support agro-manufacturing sectors which are less capital-intensive and can directly and indirectly create employment. Fifth, the Government will drive industrialisation towards higher value-added activities, and to raise productivity through human resource development, work reorganisation, democratisation of the workplace, and technological development.
Government will promote a greater understanding of the importance of technology in economic growth, assist by identifying the role of technology in increasing productivity, the development of exports, and improving health and safety, and will support the identification and utilisation of technological and design competency.
In the highly concentrated domestic market, the Government will pursue a competition policy designed to reform those market structures that underpin high prices and complacency, and that constitute major entry barriers to small and medium-scale enterprise. Market forces alone will, however, not be sufficient to revitalise the manufacturing sector. Policy and resources will be redirected at strengthening human resources and technological capacities, including those relating to smaller enterprises.
In general, industrial policy-making is a process that relies upon comprehensive commitment by the nation. The Government fully endorses those tripartite processes already contributing to industrial policy formulation. These processes will strengthened and institutionalised. Similarly, the Government will restructure and refocus those major institutions of industrial policy, including the Board of Tariffs and Trade and the Industrial Development Corporation (lDC), Small Business Development Corporation the SA Bureau of Standards the Agriculture Research Council (ARC), Council for Scientific and Industrial Research and other relevant institutions that have hitherto served sectional interests.
The objective of trade policy reform is to ensure that South Africa's trading patterns contribute as much as possible to the Government's overall RDP objectives, including a broader reconstruction and development of the southern African region. Trade policy reform, including improving productivity and competitiveness, will be integrated into the overall restructuring of the country's economy.
Trade policy must ensure a greater quantity of manufactured exports from South Africa, a process largely dependent upon the application of an effective industrial policy. South Africa will continue to participate in multilateral bodies which regulate trade. Such participation will be characterised by a linkage with other developing economies.
With regard to protection, this would mean continuing the firm commitment to gradual but steady trade liberalisation in all sectors of the economy, as espoused in the GAIT agreement. The Government will nevertheless make use of socially responsible supply-side measures to assist sensitive industries in adapting, in order to overcome the stronger international competition. Such measures include assistance in capacity-building, the retraining of workers, and the enhancement and better utilisation of technology. Anti-dumping measures and other countervailing strategies will also be introduced to protect local manufacturers from unfair foreign trade practices. Other elements of the new trade policy include programmed designed to realise the exporting potential of small and medium-sized enterprises which tend STAATSKOERANT, 23 NOVEMBER 1994 16085 25 3.7.4 3.8 3.8.1 3.8.2 3.8.3 3.9 3.9.1 3.9.2 3.10 3.10.1 3.10.2 to be more Iabour-absorbing. This will assist new enterprises, especially black-owned businesses, in their attempts to enter international markets.
Trade policy and foreign policy need to be integrated and seen as part of a broader strategy to strengthen South-South relations, to democratise international institutions, and thereby to ensure a better deal for developing countries. South Africa will seek new trade relationships with countries and regional associations which can be important partners in this process. The extension of the Generalised System of Preferences to South Africa by several countries and the Most Favoured Nation trade agreement with India, bode well for local exports.
The South African economy must be opened to greater ownership participation by a greater number of its people. The Government will introduce strict anti-trust legislation to create a more competitive and dynamic business environment. The central objectives of such legislation are systematically to discourage the system of pyramids where it leads to over-concentration of economic power and interlocking directorships; to abolish numerous anti-competitive practices such as market domination and abuse, and to prevent the exploitation of consumers. Existing government institutions and regulations concerned with competition policy will be reviewed in accordance with the new anti-trust policy. The Government will establish a commission to review the structure of control and competition in the economy, and develop efficient and democratic solutions. To that end, it will consider changes in regulation in addition to anti-trust measures.
Objectives of this policy are to remove or reduce the distorting effects of excessive economic concentration, collusive practices, and the abuse of economic power by enterprises in a dominant position. In addition, the policy will ensure that participation of efficient small and medium-sized enterprises in the economy is not jeopardised by anti-competitive structures and conduct.
The Government will also seek to increase the competitive nature of domestic markets and to influence the behaviourof the lead participants in highly concentrated markets in a socially desirable manner which does not prejudice the interests of workers. The Government will identify practices that restrict entry of and competitive new businesses into certain industries. The Competition Board will be restructured and strengthened.
The Constitution asserts the need for the independence of the South African Reserve Bank, so as to ensure that it is insulated from partisan interference and is accountable to the broader goals of reconstruction and development. The main functions of the Reserve Bank are to maintain the value of the currency, to keep inflation relatively low, and to ensure the safety and soundness of the financial system.
The Government will support innovative financial institutions and instruments which promote domestic savings and extend financial services to those who do not have adequate access to these services. In particular, financing for housing and for small and medium-sized enterprises will be mobilised. The Government will discourage financial institutions from discriminating on the grounds of race and gender.
In line with the objectives of economic policy, growth in employment can be enhanced through government support to small and medium-sized enterprises. The institutional framework of support for such enterprises will be fundamentally restructured. The Government will determine appropriate support policies which will be both focused and differentiated. Such a policy should not be based on hand-outs. Support to this sector will best be decided by the Government, the private sector and NGOS acting in concert.
The key areas of support to small and medium-sized enterprises will include access to advice favorable amendments to legislative and regulatory conditions access to marketing and procurement access to finance access to infrastructure and premises access to training access to appropriate technology encouragement of linkages.
16085 GOVERNMENT GAZETTE, 23 NOVEMBER 1994 3.10.4 3.10.5 3.11 3.11.1 3.11.2 3.11.3 3.11.4 3.11.5 3.11.7 3.11.8 assistance. Discussion is needed on the problems of credit and venture capital, access to finance for research and development, simplification (not elimination) of the regulatory environment and improved competition policy. Non-traditional enterprises which allow women to develop, especially in the rural areas, will be encouraged. These include informal producer co-operatives, electricity and water co-operatives.
In recognizing the value of this sector in the generation of new employment and competitiveness, the Government will endeavour to bring small and medium-enterprises into the regulatory framework for standards.
The Government and especially public enterprises will facilitate the entry of entrepreneurs into opportunities which arise from the RDP investments. These include especially the sale, installation and servicing of domestic appliances and wiring, construction, and related manufacturing and service activities such as software. The Government will encourage entrepreneurs to move into the manufacturing sector, since the restriction of small and medium enterprises to retailing and distribution will severely inhibit the growth and viability of this sector. The Government will therefore encourage entrepreneurs to seek technical training and joint ventures with the_ formal sector.
The South African labour market is characterised by high unemployment, deep divisions and a poorly developed and extremely distorted skills profile. The need for an active market policy is all the more urgent in the context of South Africa's entry into the world market where effective competition demands high productivity and quality. An active market policy must be geared to maximizing quality employment and minimizing unemployment and underemployment, and while doing so improve efficiency, equity, growth and social justice. Government has undertaken to implement various programmed and policies aimed at improving market functioning.
A coherent human resource development policy will be developed to focus on skill acquisition and adult basic education for the incumbent workforce and those who have been deprived of basic schooling. Measures will be implemented to provide an integrated approach to education and training with emphasis on the demand for specific skills in the labour market. The link between education and training will be facilitated through a National Qualifications Framework and a South African Qualification Authority. Measures to facilitate equal access of men and women to training and education at all levels will be implemented.
A coherent vocational (career) guidance counseling policy is to be formulated. This would entail among others, the improvement of placement services, market information and career guidance.
As a fully fledged member of the International Labour Organisation the South African government and its social partners have committed themselves to uphold and promote basic standards which are all the more relevant within the context of a rapidly changing global economy. To this end the Ministry of Labour has undertaken to submit to Parliament for ratification the following ILO Conventions: No 87 on Freedom of Association; No 98 on Collective Bargaining; No 111 on Discrimination and No 3 on Forced Labour.
Occupational Health and Safety competencies will be restructured to provide uniformity and coherence within the context of a national policy and strategy to reduce occupational accidents and diseases. South Africa has no overall national policy or strategy on occupational health and safety; there is no consistent legislative structure, no uniform method of reporting accidents and disease and no statistics that reflect the full extent of the loss of life and health caused at the workplace. Achieving the ideals will require a reconsideration of occupational health and safety legislation and the structure and policies of the government agencies responsible for enforcing that legislation and setting safety standards.
The Wage Board will be restructured to make it more representative and to extend its scope of activities. The Wage Board currently regulates minimum wages in areas where workers and/or employers are not organised and where conditions of employment are not regulated through collective bargaining. An additional function of the Wage Board would be to enhance or promote the establishment of collective bargaining institutions in those industries where they do not exist.
An in-depth investigation into the Unemployment Insurance Fund will make proposals to government on addressing the immediate shortcomings of the Fund and on the longer term objective of developing a national policy on unemployment coverage for all workers.
In furthering our commitment to government will seek to assist in the development of organs of STAATSKOERANT, 23 NOVEMBER 1994 16085 27 civil society which will play a fundamental role in tripartite bodies. To this end, financial assistance will be rendered to support permanent institutions such as workers colleges, to teach all aspects of the functioning of the market and the economy.
Through such a body the three parties, i.e. business, and government, as well as those involved in developmental issues will strive to jointly promote the goals of economic growth, participation and social equity in South Africa.
The Department of Labour is committed to ensuring that it becomes more representative of society, efficient in the delivery of services and play a proactive role in the formulation, support and implementation market policy.
market functioning as well as-giving effect-to particular constitutional requirements.
A single Iabourdispensation will be created in South Africa by repealing the labour laws of the former TBVC and self-governing territories and the extension of the RSA Labour Relations Act to those territories.
A new Relations Act will be drafted, covering all sectors of the economy. Provision will be made in the new LRA for, among others, the accreditation of independent agencies which provide services to assist in conciliation and mediation of industrial disputes; a framework for more rational and articulated collective bargaining institutions at national, industry and plant levels; a simpler and more expeditious procedure for access to the Industrial Court and the Labour Appeal Court.
Details of the programmed and policies to be implemented by the Department of Labour will be contained in the Ministry of Labour's five-year plan.
South Africa has inherited a fragmented and inequitable welfare system which requires restructuring. For strategic state intervention to reach the most vulnerable groups and eradicate present gaps, for welfare to empower the community and foster community care, and for service delivery to be equitable, a transparent and consultative approach will be necessary. Co-ordination of programmed alleviating the needs of people living in poverty and marginalised circumstances will be essential to maximise individual potential and minimise the extent of dependency on the State.
A management plan for a tailor-made social security net should be developed to enhance the psycho-social, economic and physical well-being of all citizens, with special emphasis on those financially and otherwise disadvantaged. Access to modern and effective welfare services should also include services rendered by the various social welfare agencies.
It is unfortunately true that many communities and families depend almost entirely on the cash from social grants. Even though there has been a high level of dependency upon these services, many who are entitled to social grants do not receive them. Old people in rural areas and the mentally ill are particularly vulnerable in this respect.
Technology and the creativity of local and provincial authorities will be harnessed to ensure that social grants are delivered where people live, in order to eliminate excessive travel and long waiting periods. The Government will act decisively against corruption in the welfare system through a system of audit trails.
The efficiency of delivery of welfare to all who have an entitlement will be improved. Existing welfare services and facilities should be enhanced, maintained and be made accessible to all the people of South Africa.
Part of the reconstruction of the welfare system involves services for children. The NGO sector and UNICEF have played a critical role in sustaining services in the past and they will provide an important base for future improvement. The Government will ratify the United Nations Convention on the Rights of the Child and is committed to implementing the terms of the Convention in a National Programme of Action for Children (NPA). The RDP and National Children's Rights Committee will co-ordinate action between Government and the NGO sector in setting guidelines for action.
The Government will consult with civil society to enhance government's ability to target subsidies for welfare programmed. This is especially important to ensure that tariffs for services- which in general must be cost-related for sustainability - are also made affordable for those with limited incomes.
Science and technology have served the interests of the minority and the political goals of apartheid.
fragmentation and poor management of the science and technology system lack of co-ordination between science councils, government, tertiary institutions and industry lack of an effective consultative process in determining national priorities skewed allocation of funds.
Science and technology have an important role to play in the development of all sectors of our society. South Africa's economy is characterised by extremely unequal distribution of resources. Therefore, technology policy must address this duality, and must also address the development of both indigenous and exogenous science and technology, in order to meet the challenges of South Africa's people.
The public sector, in partnership with the private sector, has an indispensable role to play in technology development.
The Government will implement a programme to prioritise key performance areas; identify legislation requiring amendment to achieve the integration of the science councils through a process of discussion with the relevant ministries and stakeholders, and establish linkages between the scientific and technical priorities and RDP objectives.
Institutional changes will be introduced to ensure the representivity of all scientific boards the integration of all scientific councils through appropriate enabling legislation co-ordination between the science and technology Ministry and other Ministries. To this end the cabinet decided to setup a special cabinet committee on science and technology.
A national campaign for scientific and technological education and training is essential, together with measures aimed at improving the status of technical and technological careers.
The case for accelerated development in the tourism industry is strong. The national endowment of the country offers important opportunities for investment. The foreign exchange earnings of tourism are already significant and must grow. Ecologically sound development practices with improved economic opportunities for local communities offer important models for rural development. Government will consult with public and private sector interests in the tourism industry as well as with community stakeholders to establish the most productive patterns of development in the industry.
Legislation is currently before Parliament which will introduce a Public Protector to give the public recourse to deal with corruption and maladministration. Years of unrepresentative governments have left a legacy of secrecy and greed. The Government in its own activities and structures as well as through legislation will seek to promote transparency and accountability and the development of individual and social integrity. The Government is committed to the exposure and punishment of corruption wherever it occurs.
These play a major role in the economy. They are being made to be highly efficient; this process should continue. Effective use of these major public resources to provide cheap and efficient services and to lead in human resource development, accelerated development programmed and other innovations will be of major benefit to the economy.
The Government is presently doing an audit of all State assets. The Government is fully committed to providing basic services to its citizens and remaining involved in certain strategic areas of the economy.
STAATSKOERANT, 23 NOVEMBER 1994 now be sold to release resources for the implementation of the RDP.
Understandably, this is the first question asked about the implementation of the RDP.
most of the expenditure on the RDP is not in fact new rather it is the better organisation and rationalisation of existing structures that will unlock resources.
the Government - at all levels - will improve the capacity of the financial sector to mobilise more resources and to direct these to activities set out in the RDP.
the Government will ensure that some public utilities, such as electrification and telecommunications, are self-financing.
improved and reformed tax systems will collect more tax without having to raise tax levels (as the RDP succeeds, more taxpayers will be able to contribute to government revenues).
new funds will be raised from a number of sources, such as donor aid, interest on investments, and sales of certain State assets.
The deficit has reached disturbingly high levels in recent years and any future borrowing strategy will be based on caution, particularly with respect to foreign loans. The Government is committed to the progressive reduction of the overall deficit. The Government's commitment to maintaining fiscal discipline is a tool to ensure sustainability of the RDP in the medium to long-term. Excessive government deficits will result in higher inflation, higher real interest rates, balance of payments problems and lower economic growth, thereby undermining the RDP. Given the inherited pressure on balance of payments, the impact of such deficits becomes more immediate, reducing the flexibility to redirect expenditure to priority areas. The Government's borrowing strategy will consciously avoid taking on debt for development projects that do not generate short-term cash-flows. Borrowing will be increased and rationalised for projects (such as housing, electrification, water, among others) for which full or partial cost-recovery can be generated. The Government intends to ensure the effective management of resources, achieve rapid improvements in the quality of services, and redistribute and redirect government spending in line with the new priorities of the RDP.
The budgetary process will be transparent in a manner consistent with RDP commitments to transparency society. Local, provincial and national RDP structures, including representatives of civil society, will be invited to examine the budgetary process and to make recommendations on spending shifts, inefficiency, waste and corruption, Certain changes are envisaged which will enhance this process.
At present the Budget is drawn upon an incremental basis. Allocations to the different national line function departments are decided on the basis of what the allocations were in the previous year. The Government will introduce a zero-base budgetary process, by which national line function departments, provinces and other institutions of government will motivate their programmed, and on this basis determine their budgetary requirements. In addition, the Government will introduce a multi-year budgeting process, by which budgets are drawn up for a period of three years on the basis of ongoing programmed. Line function departments will participate in the Function Committee which determines the budgetary allocations for a particular function. The relevant Parliamentary Standing Committees are entitled to be represented on Function Committees.
There are particular aspects of the Budget process during the transitional period which have implications for the RDP, particularly at provincial level. For the 1995/96 financial year, the Budget cycle began in November 1993. Inputs based on old structures were received by the Department of State Expenditure in April 1994. Guideline allocations for 1995/96 were therefore presented to the Cabinet in August 1994. Provincial Government ultimately gains access to the budgets of the former TBVC territories, former self-governing territories, and former Provincial Administrations.
New Provincial Administrations will compile draft estimates according to guideline allocations during October 1994. When the approves final allocations for 1995/96, departments of the National Government will then divide the funds for those Schedule 6 functions that potentially will be claimed by the Provincial Governments.
Government functions and services. Although provincial government funding systems will not be fully developed before April 1995, the total allocations to Provincial Governments will nevertheless be voted as both conditional and unconditional transfers. Provincial Administrations will have to compile their own estimates for presentation to their legislative bodies and citizenry. Provincial Administrations will also have limited powers to adopt their own tax policies.
The President has announced a programme of 'belt tightening' aimed at releasing public sector resources to fund redistribution and economic growth. A key element of this process is the redirection of expenditure priorities in budgets of all levels of government and of institutions.
The RDP is not an 'add on' programme and must therefore be funded from the Budget. Additional resources will be obtained from international donor assistance. The restructuring of the development finance institutions and the co-ordination of all finance by the Interdepartmental Committee on International Development Co-operation are aimed primarily at ensuring that all funding of programmed and projects are properly costed forward and are accommodated in the budgets of the agencies responsible for the administration and maintenance of these programmed and projects.
Broadening of the Budget committee of the Department of the State Expenditure to include representatives of the Office of the Minister without Portfolio and of Members of Parliament.
A task group from the Departments of State Expenditure and of Finance, the Office of the Minister without Portfolio and the Central Economic Advisory Services will meet departments to the programmed which constitute the activities of each department and Provincial Governments. They will assist each department and province to redirect expenditure to new priorities. The results will be included in an adjustment to the Budget to be published in February 1995.
The task group will continue with a long-term analysis from January to July 1995. Departments and provinces will be asked to identify long-term goals and the programmed to achieve the goals. The programmed will then be costed and recommendations made to Cabinet for allocation to priority programmed. It is likely that the Cabinet will have to make hard decisions, including the cutting of programmed, in order to be able to redirect funds to areas and to stimulate economic growth.
It is intended that this will lay the foundation for the 1996/97 budget to be a major step towards multi-year, zero-base budget.
Departments will be encouraged as part of the process to establish key performance indicators and clear monitoring procedures and business plans. Staffing plans will be required as part of the reprioritisation.
A Tax Commission has been appointed to advise the Minister of Finance. The South African tax system will be reviewed to ensure that it supports and facilitates the aims of the RDP, in particular equity and efficiency. The general level of tax (as a proportion of GDP) is comparable with international standards. However, over the past decade the burden of tax has moved from corporations to individuals, primarily on the income group R20000-R80 000 per year, who now pay 70 per cent of all personal tax. This group consists mainly of wage earners and those with private sector pensions. In addition, regressive forms of taxation include unequal treatment of married women and excessive indirect taxation.
Support will be given to the Commissioner of Inland Revenue to increase the efficiency of collection, and to crack down on evasion and leakage.
tax incentives and exemptions should be listed and a cost-benefit analysis carried out. Incentives that comply with the Government's development, industrial, investment, human resource development, and social policies should be subject to cost-benefit analysis and an explicit political decision should then be taken on each. All other incentives should be terminated. Additional tax collected should as far as possible not be directed to consumption expenditure.
An important challenge facing the Government is the establishment of the new Provincial Administrations. In particular, it must ensure effective control over current expenditure during the transition and establish a more viable intergovernmental fiscal relationship.
Administrations to be established unencumbered by the financial problems of those previous structures.
This has required continuous interaction and the rapid identification of problem areas and their correction.
The previous complex government structure, and the de jure independence of the TBVC states, led to a complex and unsatisfactory intergovernmental financial situation. It was possible for self-governing territories and the TBVC states to incur debt and deficits that eventually fell to the National Government. This was the basis for ad hoc transfers and an increasing loss of control.
The 1993 Constitution corrects this state of affairs by establishing a revenue-sharing principle establishing a stable, transparent and more objective system of intergovernmental grants establishing the revenue sources of all levels of government regulating borrowing and guarantees by different levels of government.
The Financial and Fiscal Commission will begin to translate these principles into more detailed, concrete recommendations which will result in a major structural reorganisation of intergovernmental fiscal relations. Closer co-operation must be built up between the Financial and Fiscal Commission, the Commission on Provincial Affairs, the Public Service Commission, and the RDP Core Committee to achieve a coherent strategy for fiscal relations which enhances the RDP.
The RDP aims to rebuild a Public Service which is the servant of the people: accessible, transparent, accountable, efficient, free of corruption and providing an excellent quality of service. All departments will undertake reviews in order to discontinue policies, programmed or projects that act against the spirit of the RDP and the Constitution. Public employees will be redeployed in terms of RDP programmed, as new staffing plans are submitted to correspond to the programmed.
The Government at all levels will take steps to reduce consumption expenditure while increasing capital expenditure. As a result of past policies, about 60 per cent of consumption expenditure is for remuneration. Initially, the Government will keep the size of the Public Service constant (or at worst growth will be contained to one per cent in 1994/95), but without compromising affirmative action goals. At present, the rate of turnover of employees is about eight per cent per annum. It is the intention of the Government not to recruit new employees for all positions that become vacant. It is anticipated that only about five per cent of vacancies should be filled. To achieve this Government will have to redetermine priorities in respect of functions and redeploy posts and personnel.
The problem of disparity and the need for affirmative action must be dealt with urgently and holistically. The existing remuneration and personnel systems must be revised and modernised into simple systems, particularly simplified grading and remuneration systems, which allow for clear career paths and lifetime training. The ending of disparities should then be carried out and linked to the improvement of efficiency, especially at management levels, and improved allocation of resources.
The GNU aims not only to address disparities created by apartheid, but also to establish a proactive programme which will serve to eradicate racism, gender inequality and other forms of inequality. Such a programme will be implemented within the framework of the Constitution and the need to empower the disadvantaged communities. The Public Service that develops should be broadly representative of the South African community. All levels of government will be expected to implement this policy. While it is the duty of the State to create a representative Public Service, implementation will be effected in co-operation with the employee organisation representatives within the public sector. This will require fair and equitable conditions of employment to regulate conduct at the workplace.
Special programmed based on accelerated development and on a review of the criteria for recruitment and promotion will be designed to address the under-representation of specific categories of persons at different levels of the Public Service. This process will be supplemented by the promotion of the Public Service as a career amongst the under-represented groups.
All employee organisations in the Public Service have expressed strong support for these Constitutional demands. Affirmative action will only be effective if the present rules governing qualifications for positions and for salary notches are reviewed. The present rules, which require formal qualifications and penalise applicants who have not previously had access to the Public Service, have the effect of perpetuating discrimination. The measures pertaining to personnel practices and salary recognition, will have to be reviewed to accommodate those who have not had access to the Public Service. There are at present very many capable women in the Public Service. Very few are in senior positions. Their positions must be addressed by means of special programmed and a review of previous promotion practices.
An all-embracing, integrated framework for affirmative action is also being established to assist both public and private sector organisations. This approach will extend beyond employment opportunities, into many other aspects of life, including geographical inequalities.
The RDP Fund aims to reorientate the budgets of all departments and institutions of the State to the new priorities of the RDP. Departments will negotiate with the RDP Office for funding of programmed and projects. This will require an assessment of their capacity to absorb new recurrent costs associated with these programmed. In general, the total staff complements in departments will not be adjusted upwards.
Therefore, departments will redeploy personnel to meet the staffing requirements of RDP programmed. A continuous process to evaluate the need for every post is required, and posts which are not consistent with the new priorities should be removed.
The rationalisation of the Public Service should reflect a unified country. The fragmentation of the Public Service into racial entities, and the many occupational categories, continued to create disparities which conflict with the Constitution and the realisation of the RDP. Cost-effective departments at national and provincial levels government are required to serve the government of the day and the people of South Africa effectively. The provision of uniform service dispensations for the entire Public Service in terms of salaries and benefits is therefore necessary.
5.5.' The Public Service Act of 1994 brought the 11 different administrations under one fold and established 27 national departments. Moreover, the 1994 Public Service Labour Relations Act merely consolidated the existing arrangements and the Act needs to be reviewed in order to amend it according to existing needs. The establishment of a unified Public Service Labour Relations Actor a unified Labour Relations Act must be investigated specifically.
Public Service Regulations and the Public Service Staff Code set the terms and conditions of service. However, the 1994 revisions still contain anomalies between different categories of personnel which must be rationalised.
The Public Service Commission Act is being considered for revision. During this process the Public Service Commission's relationship to the Public Protector and the Minister for the Public Service and Administration, as well as the Commission's general position within the system of Public Administration will have to be assessed anew. Provinces are being encouraged to establish Public Service Commissions, which will be important vehicles in the rationalisation of administration. However, collective bargaining and the setting of conditions of employment will remain subject to national ratification. A mechanism will be created whereby the national Public Service Commission can meet provincial commissions in order to harmonise the establishment of a coherent, restructured Public Service.
5.6. The training and retraining of public sector employees is central in the transformation process. The Public Service Commission is restructuring the Training Institute, focusing on research and development, training and international comparative programmed. Modules will be developed to meet the needs of both the Public Service and the wider society. Critical to this will be the introduction of educational programmed in project management, and the introduction of administrative and human rights law issues, to enhance RDP implementation and management. This will entail widening the availability of Institute training facilities to extend into civil society, and also extending the skills taught so that they become transferable between the Government and civil society. Accreditation of Institute training programmed will occur within the context of the National Qualifications Framework.
It is important that there be co-operation between national and provincial governments on training, to avoid unnecessary, duplicated expenditure on consultants to conduct civil service training at provincial level.
Substantial productivity gains envisaged will be achieved through the introduction of a system of performance measurement of programmed. The employee organisations in the Public Service will be consulted upon a range of performance enhancing methods such as work reorganisation, more efficient work practices, simplification of reporting structures, removal of duplication and greater use of modern technology. Each department will be required to prepare a report on the productivity gains that can be made, to be submitted to the Office of the Public Service Commission.
The Constitution guarantees the right to information, which is a major departure from past practice. Precise STAATSKOERANT, 23 NOVEMBER 1994 16085 35 guidelines are therefore required and the Government is currently drafting a bill on freedom of information which will be presented to parliament for debate in the near future.
Information will be available unless there is a good reason to withhold it.
Information collected by government departments is generally fragmented and not adequate for adequate performance assessment and monitoring, nor for effective integrated planning. The Government's information management is currently under review.
Sound industrial relations require strong employee organisations that have the confidence of their members. The Government will promote the extension of basic trade union rights to all its employees. Procedures will be negotiated to enhance workplace democracy and collective bargaining.
In order to align public sector programmed with the goals of the RDP, the Government will develop a ten-year vision embodied in a National Strategic Framework. A major strength of the RDP is that it promotes integrated development. Effective implementation therefore requires greater co-ordination in economic, physical and social planning, both within the Government and with key role-players outside the Government.
In order to ensure broad alignment of all public sector programmed with the goals of the RDP, an effective strategic and business planning process must be established. There are dangers inherent in producing inflexible long-term plans, The National Government must however provide a medium-term framework to guide annual planning and budgetary processes. It is essential that this planning process regularly reviews and revises the goals and priorities of the RDP.
In order to guide the development of a multi-year budget and strategic programmed, government will co-ordinate the development of a national strategic framework. This will set out a long-term vision, which includes goals and critical success factors, macro-economic and expenditure guidelines, and priority focus areas.
The framework will set parameters on what must be done, define intergovernmental relationships, and set guidelines for the utilisation of government resources.
national strategic priorities will be agreed upon through a consultative process national strategic priorities will guide the production of all public sector business plans monitoring mechanisms will be established.
Using these national strategic priorities as a framework, a national action plan will be drawn up by combining the business plans of the national departments, the provinces, the parastatals and local government. The views of civil society, through forums such as the NEDLAC, will be taken into account.
A full consultative process both inside and outside the Government will be used to ensure that the views of all sectors of society are taking into account in setting the strategic framework. Drafting of this framework will be co-ordinated through the Minister without Portfolio, in close liaison with the Departments of Finance and State Expenditure.
The National Strategic Framework will be tabled in Parliament and will be revised annually to correct weaknesses in the implementation of the RDP or changes in circumstances. Priority focus areas for the annual planning and budgetary process will include priorities, geographic priorities in consultation with the Financial and Fiscal Commission, gender and demographic priorities, and institutional and organisational priorities, in order to correct any gaps which are identified in the annual monitoring process.
Government at all levels will move to a multi-year Budget which uses zero-base budgeting methods. That is, the Budget will be based on programmed which are necessary to achieve the goals set out in the RDP and the National Strategic Framework. Government will move away from the system where amounts are allocated in the Budget based mainly on what was allocated in the previous Budget.
The multi-year Budget will be derived from the long-term national action plan. A three-year rolling action plan and budget, reviewed annually, will probably be most practical and flexible.
The terms of the Constitution provide for development planning to fall within the competency of the Provincial Governments. Provinces will therefore have to work out a rolling, three-year programme and an annual business and spatial plan. The plan must cover all functions within the constitutional competence of provinces and local authorities. To ensure that national standards and priorities, especially for equitable delivery across the country, are taken into account, line function departments will be responsible for STAATSKOERANT, 23 NOVEMBER 1994 16085 37 reaching agreement with provinces on overall targets in each sector and the division of these targets between provinces.
the impact of proposed strategies on other provinces.
Provincial plans should be compatible with provincial fiscal capacity be consistent with national minimum standards for service provision be guided by national development strategies support local, district and metro action plans and be developed in consultation with local authorities.
Local government constitutes the most concrete level of planning. Annual action plans will be formally prepared for each local and area in terms of an amended Physical Planning Act, which will be broadened to include all facets of integrated development.
With respect to annual departmental and planning, the National Strategic Framework will provide broad guidelines. Business plans will comprise a rolling three-year programme clarify funding strategies, fiscal flows and audit trails establish key performance indicators for monitoring progress.
Performance assessment will be applied to all programmed of Government and its institutions at all levels to ensure efficiency, effectiveness and development of RDP priority areas. Ail branches of government will be required to compile business plans for all their activities and each business plan will be required to include key performance indicators and the methods for measuring and reporting them.
Non-traditional indicators such as community empowerment and consultation, affirmative action, training and transparency will be included.
Managers will be expected to develop key performance indicators to provide the necessary management information. The Minister without Portfolio will negotiate high-level key performance indicators for each department and province based on its goals and the goals of the RDP, and will report progress on the RDP to Cabinet and Parliament based on these indicators.
will be measured and reported regularly. The aim is to be able to measure progress towards achieving the goals and commitments set out in the Constitution, the Bill of Rights and the RDP. Many of these things, such as peace and security or the ability to participate in and enjoy arts and culture, will require the development of new indices. The CSS, acting together with the Human Sciences Research Council will be directed to develop an HDI for South Africa. Whereas many indicators are still to be developed, a higher profile will accompany concrete goals and upgrading of existing measures for factors such as child mortality, reduction in epidemics, rates of adult literacy, provision of low-income housing, employment equity in both public and private sectors, incidents of family violence, provision of child care services and the provision of infrastructure, among other things.
Projects which are wholly or partly funded from the RDP Fund will have to comply with strict controls. An implementing agency (a line department of the Government, a province, a Local Authority, a development agency) must be appointed and it must appoint a Project Manager. Each project will require a business plan which conforms to a standardised format. The business plan must set out agreed key performance indicators. Procedures have been established to facilitate the drawing up of business plans in order to avoid delaying projects. Assistance with human resource and capacity development will be co-ordinated from central and provincial government level and will utilise a network formed by existing educational and technical institutions. These procedures drawn up for the RDP projects will be amended if experience shows the need to do so and will then be required for all programmed of government.
16085 GOVERNMENT 23 NOVEMBER 1994 38 The RDP Project Steering Committee reporting to the Special Cabinet Committee on the RDP has been established to co-ordinate the processing of business plans.
Although the Government has a crucial role in facilitating and the RDP, the programme will be implemented through the widest possible consultation and participation of the citizenry of South Africa.
Structured consultation processes at all levels of government will be introduced to ensure participation in policy-making and planning, as well as project implementation. The empowerment of institutions of civil society is a fundamental aim of the Government's approach to building national consensus. Through this process the Government aims to draw on the creative energy of communities. The Government will support capacity-building initiatives in community organisations.
Under the supervision of the Minister without Portfolio, the task teams will have a key advisory role in policy-making methodology. This methodology will draw on project experience to a large extent, and hence will engage in extensive local-level consultation and participation. For example, Presidential Projects initiated in the Urban Renewal, Rural Development and Human Resource Development Programmed of the RDP will provide essential learning and pilot studies for the definition of clear urban, rural and human resource development policies. Although the technical aspects of programme management will be supervised by the RDP Programme Steering Committee, the development and aspects will be dealt with by the task teams. They will consist of senior representatives of relevant departments and provinces, with some experts from civil society. Expertise for this purpose is broadly defined to ensure proper representation of the interests of disadvantaged groups and communities.
The Cabinet has taken the decision to establish the as a mechanism of consultation, co-ordination, engagement, and negotiation by keystakeholders. The structure of the will include business, Government, while also making room for the participation of a broader group of interests and organisations. The will include a Development Chamber which will bring together participants from different levels of government, institutions and organisations of civil society, organised and organised business. The three other Chambers are Public Finance and Monetary Policy, Trade and Industry, and Labour. NEDLAC will incorporate the functions of the National Economic Forum and the National Manpower Commission.
NEDLAC will be the key body to build consensus on economic and development policy and mobilise the entire South African society behind the objectives of the RDP.
Effective representation by disadvantaged groups such as women and rural people will require the encouragement of non-traditional organisations such as producer co-operatives, housing and co-operatives. The Government will enter into a process with a broad range of organisations to determine the representatives of the Development Chamber.
A variety of negotiating forums has developed a participatory approach to policy formulation. National line function departments will be encouraged, where appropriate, to continue ongoing policy interaction with forums, which comprise key stakeholders and technical experts.
To facilitate local and sub-regional consultation and participation, Provincial Governments should encourage the establishment of sub-regional and/or local forums which will consist of representatives of all the stakeholders in the areas. Provincial Governments will agree on the boundaries of these sub-regional forums. In consultation with these forums, local authorities will promote the development of their local areas.
16085 GOVERNMENT GAZETTE, 23 NOVEMBER 1994 7.6 7.6.1 7.6.2 7.6.3 7.6.4 7.6.5 7.6.6 representatives of both stakeholders' and sub-regional forums, Their function will be to ensure broad consultation, co-ordination, engagement and negotiation. Structures which in the past performed such functions will reintegrated or rationalised.
Capacity-building is essential for effective participation of civil society in RDP implementation. Through initiatives such as Presidential Projects, path-breaking approaches to consultation, participation and local control will be explored. The Government will co-operate with civic organisations, and other based organisations, to develop capacity during the course of an RDP campaign to establish local government legitimacy and hence improve both service and user payments. Development projects such as those funded through the National Public Works Programme (with a commitment to construction methods) will also contain a far greater training and capacity-building component, with women and youth targeted as beneficiaries, The Public Service Training Institute will make its resources available to civil society in addition to the Public Service. Increasingly, organisations of civil society will be involved in planning and policy-making through a variety of boards, commissions, forums and other venues by which experience is gained and skills are acquired. The new approach to freedom of public information will also play an enhancing role in capacity-building.
The particular roles of NGOS are worth more detailed consideration. NGOS proliferated during the years of apartheid, when they took over many roles of planning, education, policy development and support which a democratic government would normally have played. In addition, they provided support for the democratic forces when resources of the apartheid state were denied to them.
The Government, especially at local and provincial levels, must now carry out these functions as part of its normal operations. This includes the normalisation of the development finance relationship as primarily an intra-governmental function. Further, the resources of the Government (especially in the area of research) must be made available to mass organisations as they are to business and other constituencies.
A human resource and capacity development programme has been established by the National Government to facilitate and co-ordinate RDP efforts. Provincial and Local Governments are the key areas of delivery of the RDP. The task teams will therefore focus initially on the development of the ability of the Public Service and of communities at provincial and local level to drive the programme planning, implementation and management required for the RDP programmes effectively. As far as possible, existing institutions will be utilised. A nation-wide network of institutions, including universities, technical and teacher-training colleges, private and public sector training facilities, the Public Service Training Institute and NGOS is envisaged. This network be challenged to provide the necessary training, in modular form and consistent with the National Qualifications Framework and the National Training Strategy. in order to respond to this challenge, institutions will be encouraged to begin the process of reforming themselves. Provincial and local task teams will be essential in order to stimulate and develop integration and co-ordination of the institutions' responses.
Future government support forward the RDP, a process that can be assisted and evaluated through some form of accreditation for all such NGOS which receive government funds. Rationalisation of service to communities is a general guideline for donors. However, it is both necessary and desirable for healthy, efficient and effective community-based development organisations and NGOS to exist. The Government should not have a monopoly of resources in this area. Organisations of civil society should continue to have the choice of access to alternative sources of services such as policy research so that it is not completely dependent on the Government. In addition, community-based development organisations will receive more extensive financial and logistical support once representivity, accountability and effectiveness are confirmed.
The Government must ensure that its service arms are accessible to civil society, especially mass organisations with limited resources. They must be able to provide an even-handed service even in areas (such as industrial strategy, development planning or other areas of multipartite negotiation) where interests may be opposed to current government policies.
should therefore provide a crucial benchmark for quality against which the Government or parastatal institutions can be measured.
This body should be constituted as far as possible from the rationalisation of existing bodies, and should be substantially independent of the Government. The Government should be sympathetic to it and should not interfere in its activities except through regular consultation in order to facilitate coherent development policies.
STAATSKOERANT, 23 NOVEMBER 1994 No. 16085 41 7.6.7 7.6.8 7.6.9 7.7 7.7.1 7.7.2 7.7.3 7.7.
their role in the establishment of political democracy was central. They have also won very substantial improvements in the social and economic lives of their constituents. A vibrant and independent civil society is essential to the democratisation of our society which is envisaged by the RDP. Mass-based organisations will exercise essential checks and balances on the power of the Government to ensure that Government does not act unilaterally, without transparency, corruptly, or inefficiently.
The RDP envisages a social partnership and the Government should therefore provide services and support to all sectors, especially organised the civics, business, women's groups and the religious and cultural bodies. Moreover, the Government has a duty in terms of the RDP to encourage independent organisation where they do not exist, such as rural areas. Strong consumer and environmental movements are essential in a modern industrial society and should be facilitated by the Government.
The Government must therefore provide resources in an open and transparent manner, and in compliance with clear and explicit criteria to mass organisations to ensure that they are able to develop or maintain the ability to participate effectively as negotiating partners of the Government. The social partnership envisaged by the RDP does not, however, imply that mass organisations do not retain the right to their own interpretation of and their own goals for the RDP. It does imply that there is agreement to find solutions to constraints which will emerge in the implementation. For example, if construction industry bottlenecks are identified as constraints to government efforts to reach housing targets, the relevant organisations and institutions will be encouraged to reach consensus on solutions to address the specific bottlenecks or shortages that are identified. Thus a series of agreements or accords will be negotiated to facilitate the full participation of civil society, together with the Government, in order to find ways to take down the barriers which emerge during the course of the RDP.
The Government has completed a report on women in South Africa in preparation for the United Nations conference in Beijing on the status of women next year. The RDP office has been mandated to spearhead a broader empowerment programme for women, taking into account that women often represent the poorest, most exploited and most sector of our society.
As described elsewhere in this document, the Government will formulate an integrated and sustainable rural development policy in consultation with rural people, their organisations and stakeholders. In particular, attention will be given to broaden access to services and support to small-scale agricultural producers by ensuring access to land, appropriate markets, credit facilities, training and support. The capacity to implement development programmed in rural areas is a serious bottleneck, which will be addressed as a priority.
The Government will design, in consultation with disabled people, a comprehensive programme for the disabled which will enhance their engagement in society and remove discriminatory practices against them, especially in the work place. Government will also discuss means to reintegrate mentally and physically disabled people into their communities. Where people are entitled to disability grants, these should be paid to them. Special attention will be given to mental illness and physical disability arising from trauma and violence, which can prevent people from functioning normally in society.
The youth of our land played a major role in the achievement of freedom. They are our country's most resource. Effort will be reauired to ensure that they are equipped to play a major role in the reconstruction and development of 'South Africa. The Government will consider 'establishing special programmed aimed at addressing the needs of young people, in particular, to address the backlog in education and training, job creation and recreation. Young people are our country's most important resource.
of transformation and the means by which the process of change can be effectively managed. In particular it has focused on the roles which government at all levels should play in realising the national goals which have been expressed in the consensus on change. This is the first in a series of such papers. The second will be published for comment in March 1995 and will set out in more detail specific policies and standards for the evaluation of the policy and implementation process.
Daunting challenges face government in implementing the programme set out in this paper. It will require a sustained and intensive campaign which brings together Central Government, Provincial Governments, existing local authorities, civic, trade unions, business and other community organisations.
As the Paper shows, the Programme faces major challenges in the reorganisation of government, in the systematic reform of the civil service and in the reordering of budget priorities.
Perhaps the most crucial is the establishment of credible and effective Local Government, in both urban and rural areas. Without this, implementation of development programmes on the ground will be seriously hindered. The stability of Local Government services depends on the regular payment of user charges. The first step in achieving this is to make all aspects of Local Government finances completely open and transparent. This must be done also with the finances and cost structures of both municipal and national utilities.
Further planning of a campaign to restore stability to local authority finances must be done together with mass organisations and especially with trade unions active in Local Government. The campaign will only be successful if government at all levels is prepared to go out to the people, to talk, clarify and explain, and to answer questions, The issue of affordable tariffs, targeted subsidies, and targeted welfare delivery must be resolved as a matter of urgency. Local Government development will also require a huge effort in human resource and capacity development. Existing institutions will be challenged to provide this input in a co-ordinated manner.
In a spirit of self-reliant and proactive initiative communities must be prepared to commit themselves to performance contracts in terms of which they undertake to participate in the planning, management and promotion of development programmed.
The RDP must be a 'people-driven' programme and this can only be achieved within a vibrant civil society. The Government cannot 'deliver on its own'. Communities and organisations need to empower themselves in setting up projects in co-operation with Local and Provincial Governments. Government cannot operate the RDP on the basis of 'hand-outs'- there are not sufficient resources and such a process would effectively disempower the people it has been designed to help.
A further major challenge is to ensure that the change management process in government moves sufficiently rapidly to allow significant changes in the deployment of staff and expenditure before the Budget in March 1995. This must include changes in budgeting procedures, control and management of programmes and asset policies.
The responsibility for the renewal and transformation of our nation is, however, not the responsibility only of the Government, nor of particular elected officials. It is a joint responsibility of all sections of our nation, and calls for all to put their energy and creativity into finding ways of doing things better and differently. The constraints and obstacles which can prevent delivery of a better life for all our people can be solved if those constituencies most involved in a sector, apply their minds to the problem jointly.
This partnership and national consensus does not mean that different constituencies and organisations of civil society cannot or should not have their own aims and goals. It does, however, mean that they should attempt to make those aims and goals consistent with the aims of the RDP and renewal of our society, in a conscious and honest process. It is essential that organisations of civil society do, in fact, have clear goals which reflect the real interests of their members, but they should lead their members in attempting align those goals with the RDP.
In this way the energy of the nation can be harnessed for the good of all.
South Africa has begun, for the first time in its history, to undertake the task of the equitable development of the life opportunities of all its citizens, It has a unique opportunity at this time to transform the means and the methods through which its social goals are to be achieved. The Reconstruction and Development Programme is the instrument which embody the purpose and provide the leadership to accomplish the urgent, difficult, but great historic task.
STAATSKOERANT, 23 NOVEMBER 1994 No.
Aim To support the provision of water and sanitation to rural areas, particularly the needs of communities in ex-TBVC states and To develop local Water Boards as institutions for Local Government.
To develop and support integrated sustainable rural development and rural local government models through land restitution, redistribution, tenure reform and settlement to kick-start a wider land reform process. Linked with other land programmed.
Scope One Pilot District per province.
output Pilot District identification - September 1994. Pilot in each province to commence - October 1994.
the restitution of land to communities with land claims to state land, support settlement planning and infrastructure development to ensure sustainable development processes.
Aim To output All ready to be implemented before the end of 1995.
Scope Seven (7) communities: M Mekemeke. Cornfields, output All ready to be implemented before end of 1995.
RDP Fund R 2,1m R30,75m 1 994/95 1995/96 1.
Aim To respond to demands of land-based communities for small-scale agricultural production training and support. Also, development of appropriate training modules, development of mobile training units. Building capacity of existing institutions to train trainers to serve the sector.
Scope In all provinces in consultation with MECS and Provincial Departments.
RDP Fund R4m 994/95 2.
Aim To facilitate the development of local infrastructure investment plans.
Scope/Output Developed methodology for urban infrastructure planning, provides technical support to local investment planning teams and facilitates funding for local plans via project preparation facilities. Consultation with key departments in progress.
committee to be established by Urban Development Task Team.
Aim To promote development of small and medium-scale enterprise in relation to housing and urban development by providing equity, underwriting risk, providing seed capital for enterprise development co-operation.
Scope/Output Negotiations with donors underway, CEO appointed. Consultation on composition of Boards of Directors initiated.
Aim To ensure a rapid and visible improvement in the provision of municipal service, facilitate the democratisation of Local Government. Lay the basis for the sustained payment of rent and services by local communities.
Scope Rehabilitation collapsed infrastructure, system and facilities for providing basis municipal services. Extension of infrastructures, systems and facilities for providing basic municipal services to new areas. Creation of institutional and financial capacity to operate and maintain new and restored services. Implementation of the Local Government Transition Act, and associated changes at local level.
Funds should only be paid out in respect of each local area once a Transitional Council has been established in terms of section 7 of the Local Government Transition Act.
Applications must be supported by agreements on how operations and maintenance of new and rehabilitated infrastructure will be financed and sustained.
The applications must demonstrate that budgeting and planning for the amalgamated local authority area is being managed in an integrated manner.
Projects should be directed at improving the quality of life of the poorest section of the community.
output - Consultation with organised Local Government and Civics underway.
Department of Constitutional Development Planning a summit for Reconstruction and Development at Local Government level.
Department of Environment Affairs launching a township clean-up campaign.
Decentralised system of decision-making on funds, under direction of Local Government, Forums, to be established.
RDP Fund 1 994/95 1995/96 2.
Aim To kick-start development in major urban areas, focusing on violence-torn communities and communities in crisis.
Scope - Integrated provision of infrastructure, housing, community facilities, job creation, environment and recreation facilities, in communities selected according to national criteria.
Facilitation of non-racial and democratic Local Government.
l East Rand - repair of damaged houses, upgrading of hostels, repair of infrastructure, improved service provision, new housing development, provision of community facilities.
rebuilding and upgrading of urban communities affected by violence.
DUNCAN VILLAGE, East London - integrated development of greater Duncan Village area, including land servicing and housing programmed.
Port Elizabeth - provision of infrastructure, community facilities and housing to and community.
ï¿½ OFS - integrated development and upgrading of and Thabong communities.
and communities, with upgrading of infrastructure, land servicing, job creation, housing and provision of community facilities.
ï¿½ Preliminary identification of seven lead urban projects.
Chairs of Regional Housing Boards.
Business plan to be finalised with each project implementing agency.
RDP Fund 1 994/95 1995/96 3.
Aim To launch a National Adult Basic Education and Training Programme through line departments and institutions to address the literacy and numeracy gap in the country.
Scope Identification of appropriate mechanisms for harnessing resources and skills for the provision of literacy and training. Mechanisms should conform to the criteria of national acceptability, inclusiveness, integration with the RDP, be action-orientated and be effective. Operates primarily through existing capacity.
output Planning for implementation - September-December 1994.
Implementation phase - January 1995-1999.
RDP Fund None - donor funded to 1997.
Aim The aim of the programme is to restore a culture of learning in education institutions. The programme caters for physical improvement of school buildings as well as quality of learning by targeting improvement of school guidance.
Scope Rehabilitation of schools damaged during the past and construction of new schools.
output Planning phase - September-December 1994.
Implementation phase November 1994-1999.
RDP Fund 1 994/95 3.
To contribute to the improvement of education quality by enhancing primary school pupils' learning capacity, school attendance and punctuality and contribute to general health development by alleviating hunger. Educating pupils on nutrition and also improving nutritional status through micro-nutrition supplementation. Parasite eradication where indicated. To develop the nutrition component of the general education curriculum.
Scope Provision of an early snack, meeting 30 per cent of the energy requirement, in areas targeted on the basis of poverty criteria, particularly rural areas and informal settlements. Project committees at identified schools will submit proposals to provincial teams for appraisal and approval. Training and capacity-building are included to ensure effective implementation, and to link to other education quality improvement and community development initiatives. Plan to incorporate it into nutrition scheme.
output Scheme implemented in 50 schools per province - September 1994.
STAATSKOERANT, 23 NOVEMBER 1994 No. 16085 47 3.4 CAPACITY BUILDING Aim To contribute to building programmed.
Scope Programmed on capacity building linked to RDp programmed and projects to enhance the capacity of institutions. RDP Fund R18m 1 994/95 4.
Aim Provide free health care for children under six and mothers and post-natal at State facilities.
RDP Fund Under negotiation.
4.2 CLINIC BUILDING Aim To provide clinics especially in rural areas and informal settlements to ensure availability of free health services. Scope To be done with Public Works Programme Erection and upgrading of clinic facilities.
R65m 1996/97 4.3 AIDS AWARENESS AND PREVENTION CAMPAIGN Aim Campaign to promote awareness and prevention to ensure effective national and provincial responses. Scope Promotion of safer sexual behaviour, condoms and control of STDS. Counseling care and social support. Mobilise and unify resources. RDP Fund Departmentally funded.
Aim Maximise job creation potential of all capital projects.
Scope/Output All infrastructure projects funded by RDP Fund are linked to Public Works Programme. R250m allocated for special community-based programmed. Training and capacity-building to provide long-term job prospects.
5.2 PROVINCIAL PROJECT PREPARATIONS FACILITIES Aim Give provinces capacity to plan projects with community involvement.
48 No. 16085 GOVERNMENT 23 NOVEMBER 1994 preliminary design business planning establishment costs.
Does not include detailed design or implementation.
Aim Discretionary allocations to provinces. Scope To be drawn for projects conforming to the criteria established by the Cabinet, primarily community projects.
50 No. 16085 GOVERNMENT 23 NOVEMBER 1994 16085 51 52 No.
Human Resource andCapacity 5.
TO initiate, promote and support the contribution of culture to the of rural society at large and the economy, in to enhance Income, food ty, employment and: he quality of life in a sustainable way 1. Entrepreneurial development with special reference to broadening access to agriculture 1. To settle and support new farmers on 300000 ha State land in collaboration with the Department of Land Affairs and the provinces 1. To restructure the National Department of Agriculture into an efficient instrumentfor the fulfillment ofits functions and in support of the RDP 1. A new White Paper on Agriculture 1.
Resource conservation and ment 2. To provide training in hands-on gardening to ten communities in 1994/ 95 and to expand to50 communities in 1995/96 2. To deregulate and re-direct marketing, agricultural finance, and co-operative inaccording to the dictates of the RDP and the needs of the agricultural communities 2. Agricultural Marketing Act (amended) 2.
Animal production services 3.
Crop production services 4. To develop a ket environment which will ensure equitable access for all participants Co-operatives Act(amended) Transfers (ARC, etc.
Agro-economic services 5. To implement and co-ordinate necessary forinter-departmental liaison and liaison with client communities which benefit from agricultural support systems 5. Plant lmprovement Act (amended) 5.
To partake in Southern African regional and other international agreements and conferences vital to agriculture 6.
To promote the transfer of powers and functions to provinces 7.
POLICY PROGRAMMED TARGETS INSTITUTIONAL LEGISLATIVE OBJECTIVES REFORMS PROGRAMME 1. To help establish 1. Science and tech1. The 1. Reports received 1. Drafting and and maintain a programmed tion of the new funds from science revision of national ence and technology in support of the allocation and cils indicate that they legislation system in which the RDP are in progress ing mechanism for have all made financing, regulation at all science councils as cant progress with and incentives More than 60 soon as possible institutional reform. by the state to programmed have The process is maximum been identified. The and further exploitation research and reporting and science and opment institutions tion will take place in for the are autonomous and 1995 ry's growth, the department does and not get directly in their management. It does, however, intend to make the guiding of the activities possible through a new funds allocation and reporting mechanism. In the context of the RDP, this is its most important programme. Funds will thereby be allocated based on the extent to which national priority needs, like those of the RDP, are being addressed by the recipients To promote the 2. Translation and 2To establish com2. Proposed expan2. Drafting of rights of language editing of prehensive language sion of the existing tion to establish the in their government publics- services for e in the Pan African with the state tions in the official cial languages and to department to Language Board nd the development language eradicate historical commodate offiofficial languages a service; Ian- irebalances in the c languages and on the guage planning s upporting of v kinds a in the vice; envisaged corn-I services n n prehensive language f for the e population . To enhance the 3 . The arts and cul3. To establish sys3The establishment of life of the ture objectives of the tems for the promo0f Arts Councils. of South R DP are met by sub- tion of the arts and R the ca by rendering a s institutions, e conservation of system of national o and the national cultural m n the national level prejects h eritage that will regard to the empower the of the arts p and the of the cultural FINANCIAL ARRANGEMENTS 1.
PROGRAMMED TARGETS INSTITUTIONAL LEGISLATIVE OBJECTIVES REFORMS PROGRAMME 1. 1. 1, Constitutional DeConstitutional De1. Constitutional Development Development velopment Development - To provide advice - Research on the 1.1 Short-term Institutional develop-The following Bills, and support on constitutional ties are focused to ment and which are in different constitutional cations and ensure the of second and stages of preparationmatters, strategic ments to support the ence of the target third tier government are to be tabled in planning and the goals of the five dates provided for in are being facilitated Parliament during drafting and major policy the constitution in through a process of 1994: tion of legislation programmes of the regard to: planning, advice and ï¿½ Constitutional to the RDP ï¿½ the establishment research and which Amendment Bill development of provincial Houses encapsulates the ï¿½ of process which of Traditional goals of Leaders Bill broadly centres on ers and the Council nomic empowerment ï¿½ Council the implementation of Traditional Lead-Bill of the constitution ers. ï¿½ Local Government and the further ï¿½ referendums in the Transitional Bill constitution-making affected areas. process. ï¿½ the drafting of the - To, through a new constitutional cess of public text ness and liaison ï¿½ the pan provide the can Language support Board, sary to ensure that ï¿½ provincial the restructuring of Commission government aligns ï¿½ the appointment of with the RDP a panel of of meeting the experts. needs of the people 1.2 Liaison with the Department of Justice to ensure the establishment of: ï¿½ a Human Rights Commission . a of gender equality ï¿½ a public protector Local Government Local Government 2. Local Government 2. Local Government 2. Local Government - To create legiti- Rehabilitation of The provision of Institutional reform is The local democratic, collapsed affordable services. akeady taking place ment Transition Act economically viable ture, systems and Improvements to the in terms of the Local Chapter 10 of the sustainable local f for providing g quality of life Government Constitution provide by basic municipal of communities and sition Act, which pro- the framework for the RDP, the services especially that of the vides for the I government meal Government - Extension of in poorest section of t of r of local transition Act, the s systems each community. government by way g overnment in terms on and facilities for pro- E the of transitional level of their legislative Services and viding basic macy of local and metropolitan competences Rendering pal services irrnew ernment structures. c until elections the allocation of areas E greater are held at local ntergovemmental - Creation of transparency and ernment with a view to and financial vesting mproving the quality c to operate i life of as many as and maintain new E a of the and restored areas ture of payment for section of s ervices and n ante of new or r in S Broadening the local govemment tax base. Job creation and the s Sion of proficiency and functional ing FINANCIAL ARRANGEMENTS 1.
Provincial Affairs - To advise, promote and facilitate on intergovernmental relations with the view to ensuring co-operation between efficient and effective provincial government and sound development relations between national Government, provincial Government and other role-players 3. Provincial Affairs The facilitation andpromotion of vertical and horizontal lateral and bilateral relations between the national ment and provincial Government. The facilitation and promotion of the implementation of provincial RDP in co-operation with the RDP office. The establishment and management of a process for the evaluation and monitoring of the socioeconomic development of the provinces 3. Provincial Affairs provincial affairs programmed form an integral part of the continuous process of implementation, monitoring and uation of RDP at prolevel Provincial Affairs Provides a supportive and advisory role especially in regard to the Commission on provincial Government.
POLICY PROGRAMMED TARGETS INSTITUTIONAL OBJECTIVES REFORMS 1. The protection of 1.1 Dynamic security 1.1 Upgrading and 1.1 Seepar6 the community by based upon active development of per1.2 See par 2ensuring the safe and consistent as well as an 1.3 See par 2 custody and risk action between improved member/ management of sonnel and offenders offender ratio those persons 1.2 Static security 1.2 Provision of entrusted its care with its various prison physical means of modation, containment ment of prison 1.3 Informed structures and the comprehensive risk use of modern assessment equipment 1.3 See par 2 2. To incarcerate and 2.1 The acknowl2.1 To allow ï¿½ The promulgation prisoners in a edgement of the ers human rights of Regulation 123 to humane manner and rights of embodied in the afford prisoners the create a climate offenders which are Constitution and right of access to which is conducive to embodied in the other legislation, representatives rehabilitation Constitution vialed that it is not in and to institute litiga2.2 The provision of conflict with the aims tion should a adequate prison and purpose of the right be commodation which specific penal infringed upon complies with tion ï¿½ The building of accepted standards 2,2 A departmental more maximum 2.3 The classification programme which security prisons and of prisons and the entails: the upgrading of effective separation ï¿½ the building new dium security of prisoners prisons; to that level ing to their levels of ï¿½ the ï¿½ An security risk ovating of existing mental working 2.4 The provision of prisons; committee has been an ethical and utilisation of established to independent suitable alternative the provision health care service structures; and of health care ï¿½ the of vices to prisoners double bunks in communal cells 2.3 Ideally, to detain prisoners in prisons specifically classified as maximum, medium or minimum security prisons 2.4 To provide a health care service based on: ï¿½ ï¿½ ï¿½ equity ï¿½ acceptability, and ï¿½ LEGISLATIVE FINANCIAL PROGRAMMED ARRANGEMENTS ï¿½ A new Act on ï¿½ Approximately Services is 73% of the 1994/95 in the process of be-Correctional ing compiled, and vices' budget is wide-ranging either directly related with all to, or complements ested parties will the RDP take place.
58 No.
POLICY OBJECTIVES 3. To provide the for the of offenders To provide ate facilities and specifically designed reatment for sentenced o imprisonment PROGRAMMED 3.1 The utilisation of system 3.2 Education and 3.3 The provision of and informal as well as opportunities 3.4 The provision of care, social services and A literacy and as well a basic programme up o Std 5. Classroom up to Std 10 is also available Training to their elated potential Recreational i.4 Library TARGETS 3.1 To regulate on a premise of managing incentives and not as punishment 3.2 The provision of a which provides for literacy and skills, as well as training in occupational, life and entrepreneurial skills 3.3 To prevent idleness, to train prisoners in diligence and and equip them with basic vocational and entrepreneurial skills 3.4 To enhance the prisoners' spiritual, social and mental well-being 4. I A specifically designed treatment programme aimed at: ï¿½ the specific nature, and needs the juvenile; ï¿½ a multi-disciplinary treatment and programme; ï¿½ parental ï¿½ the maintenance of discipline and appropriate privilege system and physical and an approach which aims at equipping the juvenile with the which will required on INSTITUTIONAL REFORMS 3.2 The development, in collaboration with external experts, of an integrated education and training model 3.3 Reviewing the existing gratuity system to include a monetary incentive system to motivate prisoners to: ï¿½ greater levels of productivity; ï¿½ earn money to further facilitate their reintegration into society; and ï¿½ to them to contribute to the support of their family 3.
POLICY OBJECTIVES The provision of adequate for ve or sentences I. To ensure a propersonal orps broadly entative of the SA PROGRAMMED TARGETS INSTITUTIONAL LEGISLATIVE PROGRAMMED 5.1 CorrectionalSu5.1 To ensure that pervision and Parole the maximum available of Supervision ber of offenders nity corrections which can be dealt fices in every town ofwith safely and South Africa outside prisons, serve their sentences in community and thus reducing the costs of incarceration. To maximise community programmed focused on developing and maintaining support systems, employment and social services to improve the offender's potential to become a law abiding citizen 6.1 Training 6.1 The optimal de6.1 The ï¿½ Official acceptanceprogrammed to development of ment of a National of the Public Service the potential of irrespective of Training Committee Labour Relations Act personnel to the race, or sex onto which t afford personnel maximum through: 6.2 The continued tatives of tertiary the opportunity to ï¿½ modular education to the s as well as participate formally in highest level of the other specialists in sound personnel cation to ensure individual's working the field of human management ent satisfaction; abilities r tice and provide for ï¿½ the management 6.3 Increased ment and an additional of development i ng on training from u are to be mate channel tivities aimed at the the current level of opted t which the creation of greater 2 of the basic n eeds and managerial s budget to a grievances of dence; evel of 4% s can be ï¿½ a continuous fol6 Creating dressed I approach; nities for personnel and to develop ï¿½ training aimed at t and thus post requirements be career-orientated 6.2 Development 6.5 To achieve a t the acquiring resentative person0f academic n corps with the cations as well as e on S pecific training g levels c and guidance and evaluation based on b performance 6.3 The recruitment of adequately ed and proven personnel e 6.
Protect sovereignty of the and integrity of ts borders and to and maintain services 1. Safe environment 2. Voluntary - NPWP 3. Land resettlement 4. Old goods -needy 5. Water - rural eas 6. Medical Services Air/road transport 8. Vocational training 9. Adult education Added value skills 11. Market technology 12. Apolitical NDF 13. Integration process 14. Resource Management 1. 'Collateral utility 2. Integration 3. Service brigade De fence secretary 1. Integration of Forces 2. Parliamentary control of the NDF via office of the retary for Defence 1, Integration of Forces 2. Legislation to ply collateral utility(Treasury)3. Joint planning between SAMS and other departments Service Brigadenot complete with private sector entrepreneurs 1.
Effective protection and sustainable use of the ment for the benefit of all 1. Co-ordination towards all levels 1. improvement of agement 1. Towards local au 1. Facilitating reform 1.
Integrate environmental objectives with reconstructionand development plans 2. Physical and spatial planning 2. Ensure environmental soundness 2. Assistance to local and provincial in reform 2. Regulatory mech 2.
Optimise socioeconomic benefits of tourism in an environmentally sustainable manner 3. Human living environment 3. Environmental improvement 3. Expansion of Support restructuring 3.
Pollution control 4. Improved management strategy 4. Capacity building 4.
Coastal zones 5. Orderly development and mental sensitivity 5.
Resource eco 6.
Tourism 7.
8 Integrated e 8.
1 0. Environmental e 10.
1 1. Weather/climate 1 1.
1 2. Marine resources 1 2.
POLICY PROGRAMMED TARGETS INSTITUTIONAL LEGISLATIVE OBJECTIVES REFORMS PROGRAMME 1. Development of a Develop health A NHS organised at Rationalise, Proclamation for National Health vices at three levels central and provincial and sion of powers tern (NHS) using primary health level by December ture previous tween central, care approach 1994 mented and local administrations levels 2. Reduce Primary school feed-Within 3 years every Develop an None tion ing programme. South African must integrated nutrition Comprehensive get basic programme programme. requirements dating present frag-Nutrition surveillance for the day mented programmed program me 3. Improve maternal Develop an MCH (a) Care for 100% of Establish an MCH None child health programme that needy pregnant Unit in the restruccare services eludes free services women and of tured Department to needy pregnant needy children and lactating women (b) Build clinics to and children under 6 make the services years accessible (c) Increase immunisation coverage to 85% by 1997 Reduce the STD prevention and sexuality pro-Establish None of sexually control. Condom gramme in the new Unit in restructured ransmitted diseases availability. School school curriculum Department. Improve and HIV/ sexuality condom distribution programmes.
POLICY OBJECTIVES 1. Provide overall National Strategic Framework for ing after consultation with provincial This will be finalised with presentation of Housing White Paper to cabinet in November 1994. Full details in White Paper PROGRAMMED 1. Land release 2. Long-term reviewof planning rationalisation, repeal or amendment 3. State subsidy for most needy 4. End User Finance Agreement with of gage Lenders 5. Retail lending capacity 6. Housing support 7. Institutional 8. Rural housing 9. Stabilise/normapublic ment TARGETS 1. Adequate and well located land for man settlement and development and decrease in land 3. Comprehensive package of subsidy applications 4. Improved private sector gearing of finance 5. Improved capacityand competition for end user finance 6. Provide assistance to poorest in housing delivery process 7. To assist housing programme and to satisfy Constitution 8. Rural housing brought into stream of national housing approach 9. Appropriate climate for housing vestment; address issues ofdard construction, legal process, bond boycotts, etc INSTITUTIONAL REFORMS Create Development and PlanningCommission 3. National computerised data base 4. Create Mortgage Indemnity Scheme- create service company Undertake appropriate restructuring and rationalisation of state corporate sector 6. To be investigated with both tiers of sub-national ment 7. Restructure and rationalise public sector institutions 8. Examine possibility of pilot projects for rural housing 9. Successful local government sition necessary. (See MIS and vice Company) LEGISLATIVE PROGRAMME 1. Development FaBill 2. Development FaBill 3. Housing Second Amendment Bill 1994 5. Is indicated throughout program me 6. Unlikely to be nec7. May be necessary in next session 8. Under discussion with Departments of Agriculture and of Land Affairs 9. Not indicated FINANCIAL ARRANGEMENTS 1, Department budget with Land Affairs 2. Department budget with LandAffairs and RDP 3. Seeking improved budgetary allocation for fiscal year 1995/ 96 4. R50m initial 1994/956. Department budget will be fied in early 1995 7. Unquantified 8. Quantification to follow 9.
POLICY PROGRAMMED TARGETS OBJECTIVES 1. Justice for all 1. SA Law Commis1. To be done in a sion conducting systematic way into out causing of criminal ity procedure Promote peace 2. SA Law Commis2. Short, medium security through sion investigating the and long-term system harmonizing of Transformation tomary law with of Department of mon law Justice (refer to Budget Vote speech, 26 August 1 994) 3. Ensure basic hu3. Legal aid nan rights Committed to the 4. Pro Deo of RDP provided for capital Promote respect Legal forum to be 'or law established for structuring of justice system Promote credibil6. Commission ofty, accessibility and Truth and legitimacy ation to investigate human rights violations '. Transformation of 7. Appearance of system to is being it more investigated by in terms of of Law and gender Department is awaiting proposals 8. Public system in district of Johannesburg INSTITUTIONAL REFORMS LEGISLATIVE FINANCIAL PROGRAMME ARRANGEMENTS 1. Legislation to pro1. The following vide for certain amounts are matters included in the 1994/ing to Office of Public 95 budget: SA Law Protector, Human Commission Rights Commission, R4,781 m, Judicial Commission on Service Commission der Equality, and RI Judicial Semite Commission Commission ,393m, Legal Aid R66,325m Total R74,397m2. Legislation relating 2. Funds areto the rationalisation required for: Legalof court structures Aid for women's rights Om, Public Defender R15m, Legal Aid (section 25 of Constitution) R201 ,640m, Public Protector R3,424m 3. New system of 3. Funds which are juvenile justice required, but not yet determined for the following: Lay magistrates, Human Rights Commission, Commission on Gender Equality and Rationalisation of court structures4. Feasibility of the bar and side-bar5. Language requirements for admission to side-bar New criteria for appointment of cial officers Utilisation of layofficials in judicialsystem Abolition of tern of articles and entrance examinations 9. Alternative methods for dispute resolutions 10. Simplification of court procedures 11.
To provide a 1. Active mar 1. Report: December National Economic 1. One law 1.
National training 2. Bill to Parliament 2. Build new Labour 2. New labour rela 2.
Vocational/career 3. White Paper in 3. Research and de 3. Review existing 3.
Strengthening civil 4. Implement support 4.
Ratify ILO conven 5.
Restructuring oc 6. Constitute national 6.
REFORMS 1.
To develop South 1. To electrify 2,5ml 1. Abolition of min1.
Amendments to2.
Submit Mineral 2.
Additional funds from Treasury will, however, be required for additional Departmental staff and to finance SADC.
Improve safety and health in work place 3. Immediate improvement of cess to mineral rights through streamlining of procedures and consultation with rent holders of rights 3. Restructuring of department's safetyand health function in terms of the Leon Commission 3. Revision of all administered by the Department in order to effect amendments as reby the tution and the RDP.
Rehabilitation of abandoned mines 4. Implementation of recommendations of the Leon sion as soon as these have been proved by Cabinet - February 1995 4.
Technology development aimed atvalue addition 5.
Strategy to handle workers ing mine closure 6. Complete review of Departmental - end 1995 6.
Manage state interests and ing in the public with a total asset base of more that RI mise the contribution of the public prises to the national economy. Improve and ensure ability and ency in the process of stewardship over public resources. Promote and ensure effective management of public enterprises The Office of the Public Enterprises has no specific grammes and gets. Each enterprise is individually geared to contribute towards assisting the None. None except that arrangements are being made for the transfer of the Competition Board from the Office for Public Enterprises to the Department of Trade and Industry. None. Only trative expenses are provided for in the budget.
POLICY OBJECTIVES 1. Develop a new vision and focus for the department within the of the RDP 2. Representative public service 3. cooperation and 4. Efficient and effeclive management of Fostering of govment partnerships Ensure transparequity and countability in the of the . Redirect focus of to that of providers to he broader public. 'facilitating the of ural assets whilst simultaneously sustainable and capacity o f beneficiaries PROGRAMMED 1. Development a change management programme and a medium-term plan for the partment 2. National public works programme 3. Review of consultants roster panel in department 4. Review of roles and composition of statutory Built vironment Councils 5. Review of contract document to facilitate participation of emerging contractors 6. Development of acontractor training programme7. Provision of and institutionalsupport to the 8. Development of guidelines to ensure equity, transparency and fiscal discipline in the management of state assets TARGETS 1. Strategic change management team operational within 3 months 2. Expenditure of R200m on National Public Works gramme in 1994/95 financial year 3. 'In Principle' recommendations on appointment of by January 1995 4. Amendments to contract tion to enable pation in programmed by emerging contractors5. Framework for contractor training programme - June 95 INSTITUTIONAL REFORMS 1, Departmental restructuring focusing on the RDP 2. Incorporation ofNPWP Directorate within the ment 3. Democratisation of statutory Built vironment Councils LEGISLATIVE PROGRAMME 1. Draft amendments to legislation ing statutory Built Environment (early 1995 FINANCIAL ARRANGEMENTS 1. Reorientation of 1994/95 tal budget to bring it in line with RDP (positive pact envisaged on R300m of current department budget) Community-based NPWP R250m 3. Departmental ings to fund NPWP setup Om?
Promote commu1. Compile and im1.
Implementation of Draft Police2. Ensure2. Promote commu2. Establish and acti community policing on safety and secur involvement in police vate community decision-making and ity matters police forums as en functioning stitution Act visaged in the Con3.
Ensure3.
Introduce4. Development of 4.
Transformation of 5. Internal training 5. Improvement of 5.
To simultaneously strive to raise ployment, ment, improved trade performance and productivity in our industries 1. Restructure and strengthen existing industries 1. Contribute to target 300000 newjobs 1. Line function reto mote small, medium & micro enterprise development 1. Amend legislation which inhibits the achievement of grammes to broaden industrial ment away from the past capital intensive path, e.g. 1.
To ensure that maximum advantage is taken to develop internationally petitive industries using all ties that will arise from sustained penditure on RDP 2. Increase ation of natural sources Increase productivity and tiveness . 2, Bring Competition Board within the DTI and dovetail tition policy within industrial policy. A commission will be established to ine this 2. Amend legislation relating to SMMES, including Act 2.
Strengthen indus 3. Develop greater 3. Devolve responsi 3.
RDP inputs capital and functions to protection, e.g.
Provide support through for firms suing above tives 4. Develop labourintensive industries 4. Examine role of development rations to promote industrialisation 4. Amend legislation relating to petitive e.g.
Strengthen con 5. Increase contribu 5.
To maximise benof trade and dustry policy tion of certain activities to the inces 6.
Develop coherent approach towards industrialisation and the S.
POLICY OBJECTIVES The Department's policy objectives have been formulated with regard to the five priorities for and development, viz: ï¿½ attacking poverty and deprivation ï¿½ building the economy ï¿½ human development ï¿½ urban development and ï¿½ rural development poverty deprivation Attacking poverty and deprivation by supporting employment - generating through the creation of jobs on national roads and spending on infrastructure provision and subsidisation of transport n of small, medium and micro (SMMES) Building the the through the of a national network which economic and provides 'or urban and rural immunities to ties and essential through transport, which promote he provision of ransport services at he lowest possible to the end facilitating by communities o the road transport and the high cost the economy of a of traffic safety. resource PROGRAMMED The Department's programmed for implementing its policy objectives are discussed per function sector. The following programmed are being executed or are in the planning stage: Roads ï¿½ Execution of roads projects with enhanced bour components; extended participation by SMMES on the basis of revised General Conditions of contract, Design guidelines and specifications ï¿½ provision of roads the basis of a multi-criteria approach which takes into account needs, e.g. accessibility, in addition to purely considerations Extended by civil society n the needs cation and planning through the Enhanced for persons in projects Education and raining of the ng and potential new of professional, and personnel in the component of he Department. transport Revising subsidy and to promote the payment of to of community services, in , SMMES. greater and amongst TARGETS Primary Targets of the Department's RDP programmed are: ï¿½ Disadvantaged sectors of urban and rural communities requiring accessible transport services supported by adequate infrastructure provision ï¿½ Disadvantaged members of urban and rural communities who can be economically empowered or employed through projects funded from public sources and the road transport Existing and future and personnel from employed to be employed or n the public sector in: he transport field INSTITUTIONAL REFORMS Institutional reforms envisaged by the are: ï¿½ Restructuring the Department to facilitate and support the implementation of the RDP ï¿½ Accelerated em. practices to ensure that Departmental officials are reflective of society in terms of race, class and gender ï¿½ Reviewing the composition and structure of existing bodies in the transport field ï¿½ Establishing new structures between the national and provincial levels of government to ensure ongoing consultation and co-ordination in support of an integrated approach to transport management ï¿½ Establishing a new executive structure to undertake executive and technical functions in respect roads, subject to overall policy and strategic planning vested in the of Transport ï¿½ Promoting consultation with existing or to be established structures of civil in support of an management approach LEGISLATIVE PROGRAMMED In view of the provisions of the Constitution, the Department has identified a number of national Acts the administration of which may be assigned to the provinces, viz the Road Traffic Act, 1989, the National Road Safety Act, 1972, the Urban Act, 1977 (subject to provisos), as well as the Advertising and Ribbon Development Act. The assignment has Identified a large number of residual powers, duties and functions to be in terms of Sec 126(3) of the Constitution, which necessitates the introduction of new legislation in respect road traffic and 'oad traffic safety; ï¿½ road tion; 0 urban and planning, on and commuter and legislation will also give effect to the of new structures to in 24.4 will be tabled in 1995.
23 NOVEMBER 1994 No.
Promoting the ing and economic empowerment of members of vantaged ties through projectsfunded from mental sources and promoting the ing and ment of a corps of professional, and tive officials reflective of society in terms of race, clans and der. Urban development Promoting the vision of adequate public transport vice as the primary mode for tion for urban comthrough tegrated planning which enhances efficiency, ensures the ion of adequate infrastructure and promotes equitable urban growth. Rural development the provision of adequate public transport services to ensure access for communities to employment and essential services through planning ensures the of infrastructure promotes rural mods subsidy ents to ensure a greater availability of existing funds and a better spread of to provide vices to commuters other than workers and to a larger ber of communities in both urban and rural areas. Promoting integrated land use and port planning by ond and third tier authorities in consultation with ties to facilitate the more accessible and affordable provision of transport services.
80 No.
Water is an indi 1. Twelve water suP 1.20-30 of 1. Democratisation of 1. Bill to establish 1.
Community-based of and sanitation 2. Emergency drought crisis vention 2.50-60 Litres of water per capita per day (within 200 m), 2. Restructuring and rationalisation of old departments 2. Bill to take tha function of sanitation 2.
Some for all 3. New branch of the 3. Bill to enable com 3.
Establishment of 4.
No. Page Gazette No. No. No. No. Koerant No.
1954 White Paper on Reconstruction Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 16085 1954 oor en program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
<fn>GOV-ZA.160bulletinEn.2012-02-10.en.txt</fn>
Annual Subscription Fee: R30.00 per annum R2.
Compulsory Briefing session: Date: 19 August 2009 Time: 10h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing session: Date: 18 August 2009 Time: 10h00 Venue: Riverside Government Complex, Building No.
INVITATION TO SUPPLIERS In order to give all prospective suppliers of goods and services an equal opportunity to do business with the Mpumalanga department of Co -operative Governance and Traditional Affairs, the department maintains a database of suppliers from which quotations will be sourced. The department would like to invite service providers to register in the database; Existing suppliers of the previous department of Local Government should NOT re-apply as they already exist on the system. For administrative purposes, the registration shall remain open until 30 August 2009. Thereafter businesses may update on a quarterly basis. Late submissions will only be considered during the next quarterly update, which will be the end of December 2009. Once a tax clearance certificate has expired, the supplier's registration will be deactivated until a new valid tax clearance has been submitted. Suppliers will be allowed to register for a maximum of 3 services/ commodities.
Brief company profile, organogram and brochures Proof of accreditation/ registration/ dealerships/ affiliation to relevant professional institutions or regulatory councils relevant to the type of service or commodity Certified copies of ID document of company member[s] [ownership] Cancelled cheque Certified copy of water and lights account Proof of roadworthy and licensed delivery vehicle [i.e.
<fn>GOV-ZA.160commissionspretationsEn.2012-02-10.en.txt</fn>
For Julian Schiffner, the only downside to the whole FIFA World Cupâ experience has been the vuvuzelas. "I am missing hearing the singing and the cheering in the stadiums, they really drown everything out. But otherwise there has been a really cool atmosphere - everyone has been in a good mood. I am also impressed by how well organised everything is. It has all worked very well."
Kurt Schoonraad, 5th Floor, the Soccer Mania dancers, SAMA-award winning vocalist and songwriter Claire Philips, The Plastics (pictured left), Capoeira Brazilian Dance and Drums and 12th Avenue Rock Band rocked the 3 000 strong crowd at the Bellville Fan Jol before and after last night's semi-final. Most fans supported Germany, and came with German flags emblazoned on their cheeks, while Spain's supporters made a colourful statement in yellow and red.
During the tournament, the team of more than 100 CHEC field workers and data capturers completed around 3 000 visitor surveys, captured the data, and shared some of their preliminary observations with the Final Whistle team.
Perceptions don't change easily, says Knott. They need a significant event - and the World Cupâ has presented exactly such an opportunity. It's the marketing opportunity of a lifetime, and by the time the final whistle blows on 11 July, more than 26 billion views of tournament footage, and more than 400 000 people will have visited South Africa.
<fn>GOV-ZA.161204En.2012-02-10.en.txt</fn>
These are guides to completing your tax returns for the 2006/07 tax year.
<fn>GOV-ZA.16140En.2012-02-10.en.txt</fn>
Government has introduced a new training programme called learnerships. Employers play a crucial role in the implementation of learnerships. This brochure explains the benefits and costs of learnerships for employers.
This programme aims to provide opportunities to tertiary students to complete their required practical training with the provincial government.
Abafundi bafumana amava oqeqesho ngeli xesha besafunda kwiSebe LeZothutho neMisebenzi yoLuntu, oko kusenziwa ngokwenkqubo yoqeqesho. Abaqeqeshwa aba baye bafakwe kwiinkalo ezithile zokuqeqeshwa befunda, baze bahlawulwe ngomsebenzi abawenzileyo.
The Department of Agriculture provides information on various career options in the Agricultural Sector: horticulturists and hydroponics, plant pathology, scientists in the veterinary field.
This site contains information on skills planning and certified qualifications. It also contains information on the tourism learnership programme, useful links to other tourism organisations and detailed information on the following sub-sectors: tourism and travel services, hospitality, gambling and lotteries, conservation and guiding and sports, recreation and fitness.
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Compulsory briefing session: Date: 29 October 2009 Time: 12h00 Venue: Nelspruit, Riverside Government Complex, Building no 3, Lower ground boardroom.
1 Upgrading and Construction of Mzinoni Hostel, Govan Mbeki Local Municipality in Mpumalanga Province 16/06/2009 STEFANUTTI Housing/Human Settlement DOH/005/08/MP R92 471 100.00 2 Appointment of training providers in construction contracting training for the National Skills fund project "vul'ematfuba" 11/05/2009 Desto (pty) LTD Office of the Premier PRE/020/08/MP R5 631 000.00 3 Appointment of training providers for training in tourism(professional cookery, accommodation services, tourism events support, food and beverages) for the National Skills fund project "Vul'ematfuba" 12/05/2009 Desto (pty) LTD Office of the Premier PRE/022/08/MP R1 626 962.40 5 Construction of new OPD, casualty, pharmacy, admissions area and Matenity ward. Renovations at Belfast Hospital 05/2009 Mshadza Construction Public Works PW/606/08/MP A R36 442 116.72 8 Invitation for the supply and delivery of 103 Accident kits in the Mpumalanga Province 16/06/2009 Mazola Printers Roads and Transport RTT/147/09/MP R680 000.00 8 Proffesional service-Auditing 18/05/2009 PriceWatersHouse Copers Office of the Premier PRE/018/08MP R52 9071.45 11 Supply and Delivery of Prefabricated Culverts in the Nkangala region Supply and Delivery of Culverts (pipe and /or Box or Portal) in the Gert Sibande region 08/06/2009 08/06/2009 A. Mazivele Business Big Point Trading Roads and Transport Roads and Transport RTT/114/08/MP B RTT/114/07/MP C R 11 657 508.78 R11 699 705.28 14 Supply and Delivery of Guardrails in the Nkangala region 08/06/2009 Mordecal Roads and Transport RTT/115/07/MP B R4 355 963.24 17 Supply and delivery of aggregates in the Nkangala Region 08/06/2009 Tsangalala business Enter Roads and Transport RTT/113/08/MP B R2 685 883.20 18 Supply and delivery of aggregates in the Gert Sibande Region 08/06/2009 Shirdo Trading Roads and Transport RTT/113/08/MP C R3 139 765.20 23 Construction of Mushroom production and packaging structure in Gert Sibande District-Phase 1 Sinqobile Project 11/08/2009 MAMLI PROJECTS Agriculture ALA/142/09/MP R 843 536.85 30 Installation of boreholes in all three district--Dr J S Moroka Odirile investment and Construction Local/Go-operative Governance and Traditional CGT/004/09/MP (DLG004) E R 864 109.91 33 Installation of boreholes in all three district--Mbombela VT Maphanga General Business Enterprise Local/Go-operative Governance and Traditional CGT/004/09/MP (DLG004) H R 748 649.29 35 Installation of boreholes in all three district--Pixley ka Seme Marhuban Local/Go-operative Governance and Traditional CGT/004/09/MP (DLG004) J R 1 159 398.
The EXCO approved the Department of Public Works, Roads and Transport (DPWRT) infrastructure payment protocol that commits to processing of payment for service providers within 12 days instead of 30 days cycle. This will be realized through reconciliation of the quality control measures and the supply chain process by establishing a one stop Payment Approval Committee. The committee constituted by all stake holders from all participating department that meet to process every approval and payments on weekly basis.
The EXCO noted a report from a delegation from the Department of Health who attended a regional conference on malaria in Ethiopia. It was indicated that the Mpumalanga malaria control programme is complying on pesticides and all waste is frequently collected by the supplier for disposal. South Africa is recognized as one of the leading countries in insecticide management control in Africa. Countries also appreciated the fact that South Africa uses its own resources to combat malaria while the rest of Africa uses international aid.
The appointment of 14 persons to serve as members on the Mpumalanga Townships Board in terms of the Town Planning and Townships Ordinance, 1986 (Ordinance 15 of 1986). The term of office of the members of the Board has expired on 31 my 2010. The advertisements calling for the nominations to the Board were placed in April 2010 in the Mpumalanga News, Lowvelder, Mpumalanga Mirror and Middleburg Observer. The Board is responsible to hear appeal cases received from applicants who are aggrieved by the decisions of municipalities with the province.
The extension of the current term of members of the Development Tribunal and Development Appeal Tribunal which expired on the 31st December 2010. The extension until 18th June 2012 will give effect to the judgment of the Constitutional Court by ensuring the continuation of service delivery while new legislation is being drafted by the National Department of Rural Development and Land Reform.
Mr. Roy Ledwaba to the post of director: secretariat to Mpumalanga Residential Tribunal in the Depart of Human Settlement. He is currently a board member of the Mpumalanga Geographical names Change Committee and also a member of the Mpumalanga Tourism and Parks Agency. He is a former municipal manager of Mkhondo municipality and is currently provincial chairperson of the SANCO in Mpumalanga.
Dr. DV Dlamini as the head of department of the Department of Economic Development, Environment and Tourism. He is in possession of master's degree in applied economics and also a doctorate in agricultural economics. He is currently the executive manager and provincial head (at chief director level) for Statistics South Africa in Mpumalanga province.
The EXCO commended The Department of Agriculture, Rural Development and Land Administration (DARDLA) on the successful launch of the Comprehensive Rural Development Programme (CDRP) which took place on the 15 April 2011 at Senotlelo in the JS Moroka municipality.
Home â Contact Us â View sitemap â Terms of use â Mpumalanga Provincial Government â © 2010.
<fn>GOV-ZA.161communicatorsroundtableandtechnicalmeetingforcleanauditlaunchpretationsEn.2012-02-10.en.txt</fn>
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<fn>GOV-ZA.161ministershicekaspeechatilgmconfeceEn.2012-02-10.en.txt</fn>
Programme Director, allow me to express my sincere appreciation for the opportunity given to me by this august body to share a few perspectives with you.
This conference takes place against the backdrop of truly exciting times for all of us in particular, for Local Government practitioners like yourselves. The country will be celebrating and reflecting on significant milestones.
On 5th December, the county will be celebrating the 10th anniversary of democratic local government. Therefore your theme, 10th Anniversary of the Current Municipal Governance Dispensation becomes even more significant.
Again in December the country will be reflecting on the 1st anniversary of the adoption by Cabinet of the Local Government Turn Around Strategy, (LGTAS). A document that has become a blueprint through which government and the country as a whole seeks to take the trajectory of Local Government to a new and higher level by 2014 and beyond.
As you may be also aware, in 2011, the country will be holding its fourth democratic local government elections.
What do all these significant developments mean for the country in general and specifically for Local Government and the ILGM?
Only one seminal and profound message: Local Government has turned the corner and is indeed beginning to work better and smarter!!
Furthermore, these developments are also a true testimony that our democracy, which so many sacrificed for, including paying the highest prices over decades, is truly deepening and enduring. Indeed the ANC-led government policies are bearing fruit and making a difference over the lives of millions of our people.
Programme Director, we have just come out of the most successful Soccer World Cup spectaculars, the 2010 FIFA World Cup. I am certain that we will all agree that its resounding success, which is lauded not only by FIFA but even those skeptics who never thought Africa could pull it off. We need to always remember that that resounding global success could not have been possible without the tremendous contribution of Local government, especially the host cities. You, ladies and gentlemen, were a critical element of that success!
Working together, stadia were completed on time and the matches went smoothly; the provision of water, sanitation, electricity, and waste management by Local Government reached an unprecedented level for both the visitors and the citizenry of country. The hospitality of our nation was unleashed across cities, towns and villages in a united manner never seen before. All that was made possible to a great extent due to the diligent work of our Mayors, Councilors and officials working closely with the provincial and national spheres of our government and perhaps most importantly, with the public as a whole.
May I also hasten to say that the public protests that had been mushrooming throughout the country during the beginning of the year, have significantly dropped. This is a signal to the growing public confidence in government and local government in particular. This is evidence of the fact that if we work together we can indeed do more for our people.
Creating an enabling legislative and policy environment for local government to improve service delivery functioning in a highly professional manner. It is from that perspective that we as CoGTA have given priority attention to the Municipal Systems Amendment Act which we have seen through NEDLAC and would like to see passed by parliament as soon as possible.
Ensure that critical posts in particular Sec 57, are filled as a matter of urgency, these include municipal managers, chief financial officers, town engineers, human resource executives, communication executives, and perhaps even more importantly, that the law enjoins them to concentrate on the delivery of services and not be allowed to occupy public office in political parties.
Ensure that we strengthen municipal financial management systems such that by 2014 the vision of Clean Audit is realized.
Work in partnerships to address the huge infrastructure backlogs which are currently negatively affecting service delivery amongst municipalities.
Foster partnerships with all the various stakeholders including labour to ensure that our municipalities are better enabled to deliver.
Programme Director, I have no doubt that if we deliberate more meaningfully on all these matters over the next three days of this gathering and come with concrete proposals, the ILGM would not only have lived up to its founding vision and mission, of being the centre of excellence of Local Government management and capacity-building in South Africa and Africa, but it will be contributing even more meaningfully our shared and common vision of a better life for all in the next coming decade of democratic Local Government. Local Government is Everybody's Business, Be Part of It!!!
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The Department actively engages with schools and tertiary training institutions to inform learners of scarce skills fields through expos and graduation fairs.
Learnership in the public service: is a mode of delivering a learning programme that combines work-based experience with structured learning leading to a qualification. Grade 12 (matriculant) and junior qualification/certificate (recognition of prior learning will be applied). Completed and passed Grade 12., Unemployed.
Learnerships are learning and training programmes that lead to an occupational qualification. They combine classroom and theory based learning at a college or training centre with on-the-job training in the workplace.
The EPWP (Expanded Public Works Programme) Economic Sector Venture Learnership programme aims to develop emerging entrepreneurs into fully fledged entrepreneurs that are able to execute contracts efficiently and effectively.
The Western Cape Department of Agriculture offers a range of short courses throughout the year.
<fn>GOV-ZA.16293En.2012-02-10.en.txt</fn>
This Ministry is responsible for provincial economic and fiscal policy.
It is also responsible for implementing national and provincial economic and fiscal policy through the work of the Department of Economic Development and Tourism and the Western Cape Provincial Treasury.
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Contact for technical and administrative enquiries: Mr TV.
Left to right: Minister for Cooperative Governance and Traditional Affairs Mr Sicelo Shiceka, Minister for Monitoring and Evalaution Collins Chabane, SALGA Chairman Amos Masondo...
iNgquza Hill 50th Commemoration.
IGR Calendar hot!
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The Take Action Inspire Change campaign to celebrate former President and world icon, Nelson Mandela s 93rd birthday celebrated on Monday brought warmth, compassion and over R32 million housing development project to poor, disabled and destitute villagers in Seolong village outside Rustenburg in the North West province.
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No. 548.
To amend the Pharmacy Act, 1974, so as to insert certain definitions and to amend others; to provide for the establishment, constitution and objects of the Interim Pharmacy Council of South Africa; to provide for the abolition of the South African Pharmacy Council; and to provide for the repeal of certain laws in respect of the pharmaceutical profession which remained in force in the various territories. of the national territory of the Republic by virtue of section 229 of the Constitution; and to provide for matters connected therewith.
(English text signed by the President.) (Assented to 6 April 1995.
Amendment of section 1 of Act 53 of 1974, as amended by section 1 of Act 20 of 1979, section 1 of Act 20 of 1983, section 1 of Act 69 of 1985 and section 23 of Act 94 of 1991 1.
"'Ciskeian Medical Council' means the Ciskeian Medical Council established by section 2 of the Health Professions and Related Health Practices Act, 1984 (Act No.
"'Transkeian Medical Council' means the Transkeian Medical Council established by section 2 of the Medical, Allied and Supplementary Professions Act, 1976 (Act No. 30 of 1976) (Transkei);".
Substitution of heading to Chapter 1 of Act 53 of 1974 2.
"Continued Existence Establishment and Objects, Powers and Functions of the South African Pharmacy Board Interim Pharmacy Council of South Africa".
Substitution of section 2 of Act 53 of 1974, as substituted by section 2 of Act 69 of 1985 3.
There is hereby established a juristic person to be known as the Interim Pharmacy Council of South Africa and the first meeting of the council shall be convened by the Director-General.
The head office of the council shall be situated in Pretoria.
Amendment of section 3 of Act 53 of 1974 4.
to advise the Minister with regard to the amendment or adjustment of this Act in order to support the universal norms and values of the pharmaceutical profession, with greater emphasis on professional practice, democracy, transparency, equity, accessibility and com- munity involvement.
Amendment of section 4 of Act 53 of 1974 5. Section 4 of the principal Act is hereby amended by the deletion of the proviso to paragraph (h).
Substitution of section 5 of Act 53 of 1974, as amended by section 2 of Act 20 of 1979 and section 3 of Act 69 of 1985 6.
one person registered as a medical practitioner in terms of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act No. 56 of 1974), and who practices as such; one person registered as a nurse in terms of the Nursing Act, 1978 (Act No.
six other persons.
The councils referred to in subsection (1) (a), (b) and (c) shall, within 14 days of the commencement of the Pharmacy Amendment Act, 1995, inform the Director-General in writing of the names of the persons nominated by them in terms of the relevant provisions of subsection (1).
If a council referred to in subsection (1) (a), (b) or (c) fails to nominate persons in terms of the said provisions or fails to inform the Director-General under subsection (2) of the names of the persons so nominated, the Minister shall appoint qualified persons up to the number required, as members of the council.
The Director-General shall, in the case of a failure contem- plated in paragraph (a), immediately inform the Minister thereof in writing.
The Minister shall as soon as possible after the appointment of the members of the council inform the Director-General of the names of persons appointed by him or her.
The names of the members of the council and the date of commencement of their period of office shall be made known by the Director-General in the Gazette as soon as possible after the constitution of the council.
Subject to the provisions of section 7, the members of the council shall hold office as from the date contemplated in subsection (5) until the date of constitution of a new council, but not exceeding 24 months.
Repeal of section 6 of Act 53 of 1974 7. Section 6 of the principal Act is hereby repealed.
69 of 1985 and section 46 of Act 97 of 1986 8.
"(2) Every vacancy on the council arising from a circumstance referred to in subsection (1) and every vacancy caused by the death of a member shall be filled by appointment or election according as the vacating member was appointed or elected by the Minister of a person nominated by the council, and every member so appointed or elected shall hold office for the unexpired portion of the period for which the vacating member was appointed or elected.".
Amendment of section 9 of Act 53 of 1974, as amended by section 3 of Act 20 of 1979 9.
"(3) Eight The majority of the members of the council shall form a quorum at any meeting of the council.".
Repeal of section 50A of Act 53 of 1974 10. Section 50A of the principal Act is hereby repealed.
Substitution of section 51 of Act 53 of 1974 11.
The South African Pharmacy Council shall cease to exist on the day immediately preceding the date of the first meeting of the council, and all rights, obligations, assets and liabilities acquired or incurred, as the case may be, by the South African Pharmacy Council, shall immediately vest in the council and the council shall be deemed to have acquired or incurred such rights, obligations, assets and liabilities in terms of this Act.
(a) The registrar of deeds concerned shall, at the request of the council and on submission of the relevant title deeds and other documents, make the necessary entries and endorsements in respect of his or her registers and other documents in order to give effect to a transfer in terms of subsection (1).
No transfer duty, stamp duty or other fees shall be payable in respect of such transfer, entry or endorsement.
Substitution of long title of Act 53 of 1974 12.
To consolidate and amend the laws providing for the establishment of the South African Pharmacy Council and establish the Interim Pharmacy Council of South Africa; to provide for the training and registration of pharmacists, pharmacist interns, pharmacy students, unqualified assistants and pharmaceutical technicians; to provide for the control of the practice of the pharmaceutical profession; and to provide for matters incidental thereto.
Subject to the provisions of this section, the laws mentioned in the second column of the Schedule are repealed as from the date on which the South African Pharmacy Council is abolished in terms of section 51 of the principal Act as indicated in the third column of the Schedule, to the extent that such laws were in force immediately prior to the commencement of the Constitution in the various territories of the national territory of the Republic as set out in the fourth column of the Schedule.
Any proclamation, notice, regulation, authorisation, rule or order issued, made, granted or done in terms of a provision of any law repealed in terms of subsection (1) shall, unless it is inconsistent with any provision of the principal Act, be deemed to have been issued, made, granted or done under the corresponding provision of the principal Act, and shall stay in force until cancelled or repealed by the Interim Pharmacy Council of South Africa, established by section 2 of the principal Act (in this section referred to as the interim council).
Any registration of a person or any removal of a name from a register or any appointment or anything else done in terms of a provision of any law repealed in terms of subsection (1), shall be deemed to have been done under the principal Act.
Notwithstanding the provisions of subsection (1), any inquiry, including any preliminary investigation undertaken to determine whether prima facie evidence exists which would justify such inquiry, into alleged improper or disgraceful conduct by any person, conducted by a council abolished by section 51 of the principal Act and which has not been concluded at the date of the first meeting of the interim council, shall be continued and concluded by the interim council in accordance with the provisions of the law under which the inquiry was instituted, as if such law had not been repealed.
Notwithstanding the provisions of subsection (1), the interim council shall have the power to institute and conclude disciplinary proceedings under the relevant provisions of the repealed laws in accordance with the procedures as prescribed by regulations made under section 49 of the principal Act, against any person who, at any time prior to the first meeting of the interim council, is alleged to have committed an act which may have constituted improper or disgraceful conduct in terms of the provisions of the repealed laws or any regulation made thereunder: Provided that the interim council shall not institute proceedings against any person unless the nature of the contravention which the person is alleged to have committed in terms of the repealed laws or any regulation made thereunder, substantially corresponds to that of a contravention referred to in the corresponding provisions of the principal Act or any regulation made thereunder.
Any act performed or decision taken by the Ciskeian Medical Council or the Transkeian Medical Council, relating to pharmacy matters, shall be deemed to have been performed or taken, as the case may be, under the corresponding provisions of the principal Act.
Any person employed by the South African Pharmacy Council and any person concerned with matters with regard to pharmaceutical services employed by the Ciskeian Medical Council and the Transkeian Medical Council, immedi- ately prior to the date referred to in subsection (1), shall be deemed to have been appointed by the interim council in terms of section 11 of the principal Act.
The person who was the registrar of the South African Pharmacy Council immediately prior to the date referred to in subsection (1), shall continue to hold such office until the interim council appoints a registrar in terms of section 11 of the principal Act.
The registrar referred to in subsection (8) and the persons who immediately prior to the date referred to in subsection (1) were the registrars of the Ciskeian Medical Council and the Transkeian Medical Council shall, within 14 days after the commencement of this Act furnish the Director-General: Health with the registers, minutes, financial statements and any other relevant documents of their respective councils relating to pharmaceutical matters.
In this section, "South African Pharmacy Council", "Transkeian Medical Council" and "Ciskeian Medical Council" shall mean the South African Pharmacy Council, the Transkeian Medical Council and the Ciskeian Medical Council as defined in section 1 of the principal Act, respectively.
Extension of application of Act 53 of 1974 14.
The principal Act, as it was in force immediately prior to the commencement of this Act in the national territory of the Republic excluding the areas which comprised the former Republics of Transkei, Bophuthatswana, Venda and Ciskei and the areas which comprised the territories declared under section 26 of the Self-governing Territories Constitution Act, 1971 (Act No. 21 of 1971), to be self-governing territories, shall, from the date referred to in section 13(1), apply also in those areas.
During the period of existence of the Interim Pharmacy Council of South Africa, established by section 2 of the principal Act, the name "South African Pharmacy Council" shall be deemed to be the name of the interim council for the purposes of the issue of certificates, diplomas and distinguishing devices and its use on letterheads or on any other place where the name of the interim council is used.
This Act shall be called the Pharmacy Amendment Act, 1995.
| | | Act No.
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Non-refundable fee: R100.
Non-refundable fee: R200.
<fn>GOV-ZA.163ministersiceloshicekaatthelocalgoverntinstituteoflocalgoverntmanagetilgmEn.2012-02-10.en.txt</fn>
S van der Merwe: International Donors Conference Towards a New Future for Hait?
It is important that this United Nations sends a strong message of support to the government and the people of Haiti.>Chairperson,>This conference could not have been organised at a more appropriate time, just one week after the United Nations (UN) General Assembly commemorated the International Day of Remembrance of Victims of Slavery and the Transatlantic Slave Trade, in honour of Haiti.
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Ladies and gentlemen>South Africa today is very different from the South Africa of twenty years ago when we were the pariah nation of the international world. We need to work to rebuild progress.>Our investment relationship recorded the highest inflow into South Africa, Australian $1.
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>London: The Deputy Minister of International Relations and Cooperation, Ms Sue van der Merwe is in London to participate in the World Travel Market London, the United Kingdom as part of her extended portfolio as Alternate Director on the Local Organising Committee (LOC).
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<fn>GOV-ZA.164bulletinEn.2012-02-10.en.txt</fn>
Compulsory briefing session: Date: 27 January 2010 Time: 10h00 Venue: Riverside Government Complex, Building No.
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<fn>GOV-ZA.165bulletinEn.2012-02-10.en.txt</fn>
Compulsory Briefing Session: Date: 16 March 2010 Time: 12h00 Msukalikwa Local Municipality, Council Office in Ermelo.
Compulsory Briefing Session: Date: 15 March 2010 Time: 10h00 Venue: Riverside Government Complex, Building No.
Compulsory Site Inspection : Date : 24 March 2010 Time : 10h00 Venue: Riverside Government Complex, Building No.
In order to give all prospective suppliers of goods and services an equal opportunity to do business with the Mpumalanga Provincial Department of Human Settlements, the department maintains a database of suppliers from which quotations will be sourced for departmental requirements 2010/2011. The database registration shall remain open until 31 March 2010. Thereafter the businesses may update on a quarterly basis. Late registrations will only be considered during the next quarterly updates, which will be end of June, end of September and end of December 2010. This must be kept in mind when attaching tax clearance certificates. Once a tax clearance has expired, the suppliers' registration will be deactivated until such time that a new valid tax clearance has been submitted. Existing suppliers are encouraged to re-apply using their previous vendor numbers as a reference. Suppliers need not to register for more than 3 services / commodities. Goods and services mainly required (but not limited to) are as follows:: Catering, Events Management and Related Services, Audio Visual Equipment & Supplies, Consultants, Cleaning Services, Printing & Binding, Corporate Gifts, Promotional Materials, Cutlery, Crockery and Groceries, Transport and Distribution Services, Electrical Supplies, Electronic Equipment (Excluding Computers), Office Furniture and Equipment, Newspapers, Magazines, Books and Journals, Stationery, Training, Supplies of Tents, Toilets and Chairs, Venues & Facilities (Conferences) and construction. The following documents must be attached to each application: Valid, original Tax clearance certificate Cancelled cheque Certificate of incorporation from the Registrar of Companies (CIPRO) : valid NHBRC certificates Brief company profile and organogram Proof of accreditation / registration / dealerships / affiliation to relevant professional institutions or regulatory councils relevant to the type of service or commodity Accredited certificate for training service providers Certified copies of ID document of company member(s) (ownership) The application forms are free of charge. Suppliers should take note of the special conditions indicated in the applications forms in order to ensure successful registration.
Where to collect this document: Any of the Regional offices as listed on page 4 or the Provincial Head office: Mr Tom Borden: 013 766 8260/65 Alternatively send a request to tjborden@mpg.gov.
<fn>GOV-ZA.165policyresearchandknowledgemanagetEn.2012-02-10.en.txt</fn>
The hand over Siyazondla Homestead Gardens Programme starter packs which include garden tools, fencing material, seeds, wheelbarrows, irrigation pumps, watering cans and water tanks to the hunger-stricken Peddie communities is a befitting honour to the man who stands for poverty alleviation.
<fn>GOV-ZA.1662irp6cfirstperiodforcompaniesclosecorporationsform2005En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1666irp6ifirstperiodforindividualsform2005En.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2003/03041410461002.
URL: http://www.info.gov.za/speeches/2003/03032510461005.
URL: http://www.info.gov.za/speeches/2003/03032410461005.
It is for this reason that this Youth Economic Summit is an exciting challenge that provides us with a unique opportunity to develop appropriate strategies that will help address the high unemployment rate among the youth and can at the same time serve as vehicle to address the high-level human resource needs of the province and the country as a whole.
<fn>GOV-ZA.166En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.166bulletinEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.166governanceandintergoverntalrelationsEn.2012-02-10.en.txt</fn>
1st Floor, Room 131, for the attention of Mr M. Zonke, tel. (040) 608 5766.
Closing date: 19 September 2008.
Date: Monday, 18 July 2011 0.
<fn>GOV-ZA.16718En.2012-02-10.en.txt</fn>
No. 1514.
* ** Words between asterisks indicate omissions from existing enactments.
<< >> Words between pointed brackets indicate insertions in existing enactments.
To amend the Non-Proliferation of Weapons of Mass Destruction Act,1993, so as to make provision for the appointment of a vicechairperson to the South African Council for the Non-Proliferation of Weapons of Mass Destruction; to make further provision for the delegation of certain powers and duties; and to delete an obsolete provision; and to provide for matters connected therewith.
(English text signed by the President.) (Assented to 28 September 1995.
Amendment of section 4 of Act 87 of 1993 1.
"(a) the **chairman** <<chairperson or vice-chairperson>>, by the appointment of another person as **chairman** <<chairperson or vice-chairperson>>; and".
Amendment of section 9 of Act 87 of 1993 2.
"(3) If <<the chairperson is absent from a meeting of the Council, the vice-chairperson shall preside at that meeting, and if both>> the **chairman is** <<chairperson and vice-chairperson are>> absent from a meeting of the Council, the members present shall elect one of their members to preside at that meeting.".
Substitution of section 18 of Act 87 of 1993 3.
Any person aggrieved at any decision of the Council <<or its delegate>> under this Act may appeal to the Minister, who may confirm, amend or set aside the decision of the Council <<or its delegate>>.
A decision of the Council <<or its delegate>> to suspend or revoke a permit shall not be suspended pending the result of an appeal under subsection (1) against that decision.
A decision by the Minister with regard to an appeal shall for all purposes be deemed to be a decision of the Council <<or its delegate>>.
Substitution of section 19 of Act 87 of 1993 4.
Notwithstanding the provisions of section 18, any person whose interests are affected by a decision of the Council <<or itsdelegate>> may, within 30 days after he <<or she>> became aware of such decision, request the Council <<or its delegate>> in writing to furnish in writing reasons for that decision within 30 days after receiving such a request.
Within 30 days after having been furnished with reasons in terms of subsection (1), or after the expiration of the period within which reasons should have been furnished by the Council <<or its delegate>>, the person concerned may apply to a division of the Supreme Court having jurisdiction, to review the decision.
Amendment of section 20 of Act 87 of 1993 5.
"(1) The Minister may, subject to such conditions as he <<or she>>may impose in writing, delegate or assign to the **chairman** <<chairperson or vice-chairperson>> of the Council, a member of the Council, a member of any committee established under section 10, or any officer or employee of the Department, any power or duty conferred or imposed upon the Minister by or under this Act."
delegated or assigned to him or her under subsection (1) or (3), unless the Minister or the chairperson of the Council, as thecase may be, has in his or her delegation or assignment determined otherwise.
The Council may, subject to such conditions as it may determine, in writing delegate or assign to any member of the Council, a committee established under section 10 or any officer or employee designated in terms of section 4(7) any power or duty conferred or imposed upon it by this Act.
delegated or assigned to it under subsection (3B), unless the Council has in its delegation or assignment determined otherwise>>.
"(4) The Minister, Director-General, **and chairman** <<chairperson and vice-chairperson>> of the Council, <<Council and any committee established under section 10>> shall not be divestedof any power or exempted from any duty delegated or assigned by him, <<her or it>>, and may amend or set aside any decision taken by a person in the exercise or performance of such power or duty delegated or assigned to him, <<her or it>>.".
Repeal of section 28 of Act 87 of 1993 6.
Section 28 of the principal Act is hereby repealed.
The principal Act is hereby amended by the substitution for theword "chairman", wherever it occurs, of the word "chairperson".
This Act shall be called the Non-Proliferation of Weapons of Mass Destruction Amendment Act, 1995.
<fn>GOV-ZA.1671irp6tfirstperiodfortrustsform2005En.2012-02-10.en.txt</fn>
The chief merchandiser of FIFA will be issuing licences for FIFA marketing rights, and the Department of Trade and Industry is consulting FIFA on incorporating the principles enshrined in BEE and public-sector procurement.
The Proudly South African campaign, which encourages people to buy locally made products, is to be a core element of procurement practices in the run-up to 2010.
The Proudly South African logo can be displayed on many products that use 50% or more of local content, comply with labour legislation and meet high standards of quality. Extension of this campaign ahead of 2010 will have lasting benefits for South African products and the economy as a whole.
<fn>GOV-ZA.167612En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.16795mediareleaseEn.2012-02-10.en.txt</fn>
PRETORIA, 15 June 2005 -- In December 2002 the Transfer Duty Act was amended to put a stop to avoidance schemes involving residential properties held in companies, close corporations and trusts. The Minister of Finance announced in his Budget Speech in February 2003 that further measures would be introduced to prevent the avoidance of transfer duty and to enable the Commissioner of the South African Revenue Service (SARS) to obtain civil judgements against persons who had failed to pay transfer duty. Prior to the Act being amended in 2002, SARS commenced with issuing assessments on transactions involving some 1600 discretionary trusts.
fixed property transactions had occurred as new trusts, independent from the original trusts had been created.
The amount of duty and interest involved is about R130 million. While it had been hoped to have a test case in this regard, the parties who challenged SARS, have withdrawn their cases and paid the assessments. SARS is now taking legal action against parties who were previously assessed, but have not paid the duty and interest. In addition, assessments are now being raised against parties not previously assessed. The assessments issued to the trusts are at the 10% rate of duty plus interest. The 2002 amendments to the Transfer Duty Act, however, provide that in the abovementioned circumstances, transfer duty at the rate applicable to natural persons is payable. The desire has been expressed by many parties to settle their dispute with SARS at the rates applicable to natural persons. SARS is accordingly prepared to settle these cases on the basis set out in the annexure to this media release. These settlements will be in terms of the settlement provisions contained in section 88D of the Income Tax Act, 1962, which apply mutatis mutandis to the Transfer Duty Act, 1949. Persons wishing to settle their transfer duty assessments should contact the national Enforcement Unit before 31 August 2005. END. For further media enquiries, please contact Adrian Lackay - 012 - 422 6037 or 083 388 2580 ANNEXURE TO MEDIA RELEASE In light of the desire of SARS to finalise the cases as well as the wish expressed by many trustees of trusts owning residential property to resolve these issues, the following settlement proposals are made to the parties concerned: If the trustees are prepared to register the properties in their own names, transfer duty at the rate applicable to natural persons will be applicable. The registrations must be in the name(s) of person(s) who effectively acquired the interest in the trust and financed the purchase of the residence. Registering the properties in the names of children (who may be beneficiaries in the trusts) could have serious donations tax implications and for that reason cannot be permitted. As SARS is applying the principle that the purchaser(s) were in fact natural person(s), a registration of the residence in the names of the natural person(s) must be effected. Once the transfer duty and interest (at 10 % per annum) in respect of the original acquisition have been paid, the properties must be transferred from the trust to the natural person(s). The transfer must be effected by 31 December 2005. The transfer duty declaration(s) by the seller(s) should be completed by the present trustees and the value of the properties for transfer duty purposes will be the consideration given for the "purchase" of the interest in the trusts. If the name of a trust has been changed, the new name should be used. Authority for this procedure is contained in Part IIIA of Chapter III of the Income Tax Act, 1962, which applies mutatis mutandis to the Transfer Duty Act. It should be noted that, if these proposals are accepted, the parties will enter into a settlement with SARS. Should the trustee(s) wish the registration to remain in a trust, the 10% rate (with interest) will be payable. SARS has demanded payment of the duty and penalty and is proceeding with action to recover the amounts due. Capital Gains Tax (CGT) Implications: Any properties acquired before 1 October 2001 and transferred on or before 31 December 2005 in terms of the proposed settlement, will not be subject to capital gains tax in the hands of the trust which owned them - i.e. the property will be regarded as having been acquired from the "old trust" by the natural person(s) on the date of the original transaction. It should be noted that the fair value of the property will be the fair value as at the date of acquisition of the interest in the trust. This value may also be used as the base cost of the property for CGT purposes. However, the parties were free to obtain a valuation of the property, for CGT purposes as at 1 October 2001, provided such valuation was obtained on or before 30 September 2004. If the interest in the trust was acquired after the CGT provisions came into operation on 1 October 2001, and the trust disposed of the residence, the CGT provisions will be applicable. There will be a gain in the trust on that date and the R1 million exemption applicable to natural person(s) does not apply. The natural person(s) will be deemed to have acquired the property on this date and the amount paid for the interest will be the base cost of the property.
<fn>GOV-ZA.167bulletinEn.2012-02-10.en.txt</fn>
Compulsory Briefing Sessions: Date : 24 May 2010 Time : 10h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 24 May 2010 Time : 12h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 24 May 2010 Time : 14h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 25 May 2010 Time : 10h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 25 May 2010 Time : 12h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 25 May 2010 Time : 14h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 26 May 2010 Time : 10h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 26 May 2010 Time : 12h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 26 May 2010 Time : 14h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 27 May 2010 Time : 10h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 27 May 2010 Time : 12h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 27 May 2010 Time : 14h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 28 May 2010 Time : 10h00 Venue: Riverside Government Complex, Building No.
In order to give all prospective suppliers of goods and services an equal opportunity to do business with the Mpumalanga Provincial Department of Health, the department hereby invites suppliers to register their businesses in the department's database, the database registration shall remain open until 29 June 2010 Suppliers need not to register for more than 3 services / commodities. Commodities are listed on the data base form. Existing suppliers of the previous data base must re-apply, indicating their previous vendor numbers as a reference, if possible. The following documents must be attached to each application: Proof of accreditation / registration / dealerships / affiliation to relevant professional institutions or regulatory councils relevant to the type of service or commodity Certified copies of ID document of company member(s) (ownership) Cancelled cheque Proof of roadworthy and licensed delivery vehicle (i.e. certified copy of licence disc or receipt); Medical certificate if any member is disable Cerificate of Incorporation from Registration of Companies (CIPRO) Company Profile SARS Tax Clearance Certificate (Original) The application forms are free of charge. Suppliers should take note of the special conditions indicated in the applications forms in order to ensure successful registration.
Where to collect this document: Any of the Regional offices as listed on page 4 or the Provincial Head office: Mr Victor Ngobe: 013 766 6339/8260 Alternatively send a request to vsngobe@mpg.gov.
<fn>GOV-ZA.167disasterresponsemanagetEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=13855&tid=22772 Size: 5KB Speaker: N Mayende-Sibiya Collection: speeches_cm?
2010/08/31 class="MsoNormal">The Minister for Women, Children and Persons with Disabilities Noluthando Mayende-Sibiya has urged all South Africans to demonstrate their support for persons with disabilities by participating in Casual Day taking place this Friday, 3 September.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=12559&tid=16524 Size: 4KB Speaker: N Mayende-Sibiya Collection: speeches_cm?
<fn>GOV-ZA.168260En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.16830En.2012-02-10.en.txt</fn>
This guide provides information on the costs of doing business in South Africa, including start-up costs such as company registration, human resource costs, utilities costs and transportation costs. The guide also contains details on living costs in SA, and business incentives.
The Department of Trade and Industry (dti) provides a facilitation service to companies wanting to invest in South Africa. This is through a special unit within the dti called Trade and Investment South Africa or TISA.
The Department of Trade and Industry provides detailed online information for potential investors in South Africa.
The Department of Trade and Industry provides information to international traders on international trade administration, including:tariff amendments and rebates, anti-dumping and countervailing, import and export control.
This is a very detailed handbook containing information for potential investors including information on entry to and residence in SA, business entities and registration, restrictions on South African borrowing by foreign companies, intellectual property, acquiring and disposing of land, import and export permits, tax and reporting requirements, relevant laws and investment promotion agencies.
This publication provides information on the Philippi East business district and the business and investment opportunities that exist in this area.
This publication highlights the advantages of investing or starting a business in Cape Town.
This site contains current financial data, and information on the JSE, JSE initiatives and listed companies.
<fn>GOV-ZA.16831En.2012-02-10.en.txt</fn>
If you are a South African citizen and you are travelling to another country, you will need to have a South African passport.
Most non-South African citizens wishing to enter South Africa must have a valid visa. The visa states the purpose and duration of the visit. Requirements for entering South Africa, Who needs to apply for a visa Where can you apply for a visa &nbsp;&gt;&nbsp?
To prevent the spread of yellow fever, travellers crossing the borders of countries where yellow fever is prevalent need to be vacinated against the virus. What is a Yellow Fever Certificate Is anyone exempt from the yellow fever vaccination What happens if you do not have &nbsp;&gt;&nbsp?
All tourist guides need to register as a tour guide (Tourism Second Amendment Act No.
<fn>GOV-ZA.16834En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.16835En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.168En.2012-02-10.en.txt</fn>
Keep me logged in from this computer.
© 2005 - 2010 Department of Environmental Affairs.
<fn>GOV-ZA.168provincialandmunicipalgoverntsystemsEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.168tswaingmunicipalityturnaroundgetsstakeholderssupportEn.2012-02-10.en.txt</fn>
The Gauteng Provincial Government, in partnership with the City of Tshwane will tomorrow be commemorating and celebrating Women's Day. The day's activities will start with the health walk where about 20 000 women will gather at Church Square before making their way to the Union Buildings through Church Street. The theme for the 2008 Women's Day celebrations is 'Business Unusual: All Power to Women!'
URL: http://www.info.gov.za/speeches/2008/08080815451002.
Gauteng Premier, Mbhazima Shilowa accompanied by Education MEC, Angie Motshekga and Finance and Economic Development MEC, Paul Mashatile will on Tuesday, 29 July 2008 hold an Imbizo with the Ekangala Community in Metsweding in order to monitor service delivery and interact with the community. The Premier visited the area previously and committed to revisiting the area to ensure that service delivery is indeed taking place.
URL: http://www.info.gov.za/speeches/2008/08072909151001.
URL: http://www.info.gov.za/speeches/2008/08072209451003.
It gives me great pleasure to be with you here tonight, to celebrate with you, the launch of the Department of Trade and Industry Women's Forum. The Free State, for example, has a woman Premier and there are several women MECs in other provinces. The celebration of National Women's Day is a dedication to the sweat, energies and great ideas contributed by women.
URL: http://www.info.gov.za/speeches/2001/010829945a1005.
<fn>GOV-ZA.169cogtamediastatetretfloodsEn.2012-02-10.en.txt</fn>
I-NSFAS iya kuchitha iibhiliyon ezi-R5,4 ibolekisa ngemali yaye inika iibhasari abafundi abangathathi ntweni kulo nyaka-mali, mali leyo ephinda kabini iibhiliyon ezi-R2,7 eziye zachithwa kulo nyaka uphelileyo.
<fn>GOV-ZA.16En.2012-02-10.en.txt</fn>
About the process 2. About the reporting framework 3. About the report 4.
This is South Africa's second official National State of the Environment report.  The first National State of the Environment report was released in October 1999.
State of the environment reporting is now well established in South Africa and several provincial and municipal reports have been published, most of these during the last five years. Other national departments are also reporting to South Africans on environmental matters within their respective spheres of interest. For example, the Department of Water Affairs and Forestry has published several reports on the state of river systems and, recently, the Department of Environmental Affairs and Tourism released an interim report on the state of our coast.
In early 2004, the Department of Environmental Affairs and Tourism began planning this second national state of the environment report. As a first step, the 1999 report was evaluated through reviews, user surveys, and informal feedback from various sources. As a result of this evaluation and the outcomes of a national stakeholder consultation workshop held on 18 and 19 November 2004, 16 specialist reports were commissioned. This report is based on these specialist studies, together with information provided by the Department of Environmental Affairs and Tourism and SRK Consulting.
Collectively and individually, the authors themselves present an impressive South African resource. They, and other expert contributors who reviewed and improved the drafts, were drawn from universities, private consulting firms, environmental organizations, and statutory bodies. The finished text represents a wealth of individual and institutional expertise and is a testimony of outstanding collaboration between a variety of organizations.
As was the case in the 1999 State of the Environment Report, this report is based on a modification of the pressure-state-response model for state of the environment reporting developed by the Organisation for Economic Cooperation and Development in the early 1990s, and adapted by the United Nations Commission on Sustainable Development in 1995 to the Driver-Pressure-State-Impact-Response (DPSIR) reporting framework for indicators of sustainable development. This latter model, or a variation of it, forms the basis for most state of the environment reports within South Africa and was also the framework used in the 1999 report. The 2005 State of the Environment Report has applied the DPSIR reporting framework.
The South Africa Environment Outlook presents an extensive overview of the current condition of our environment, the pressures upon it and our responses to those pressures.  It further presents a glimpse into what the future state of the environment may be like if current trends continue.
The main aim of the report is to provide scientifically credible information and assessments that will help drive the future environmental agenda for South Africa.  A further aim is to inform and stimulate debate on the significant environmental issues that confront us.
Part I, "Setting the scene" (Chapters 1 and 2), deals with the concepts of environmental sustainability and the current social and economic realities of South Africa, and outlines in broad terms the ways in which different economic sectors impact on the environment.
Part II (Chapters 3-9) explores the state of particular environmental components (land resources, biodiversity, inland water, marine and coastal resources, and atmosphere), environmental governance, and human settlements.
Part III (Chapter 10) considers the issue of environmental change and human vulnerability by means of case studies.  Collectively, these case studies reflect to some extent how vulnerable we are to environmental change.
Part IV (Chapter 11) extrapolates from current environmental trends to provide an indication of what the state of the environment in South Africa may look like by 2025.  This section was included to facilitate debate around environmental futures, as well as to bring the report more closely in line with regional and global reporting initiatives and approaches.
Part V (Chapter 12) discusses various options available to us to improve the condition of the environment in which we live.
Contains the latest information on the condition of the environment in South Africa.
Contains links to all available reports reports on the state of the environment and some of these reports can be downloaded in PDF format.
Contains data and statistics related to the state of the environment.
The intention is to update the various theme pages on this site as and when new information becomnes available, whereas the printed version of the national state of the environment report is updated every 5 years.
<fn>GOV-ZA.16May2011En.2012-02-10.en.txt</fn>
The MEC for Health Mr. Sicelo Gqobana officially opened Ntafufu clinic in Port St John's on the 11 May 2011.
The clinic services a population of 12093 people with a disease profile of Bilharzia, TB, HIV and AIDS, Hypertension, Epilepsy and Sexually Transmitted Infections.
It offers the following services; HIV and AIDS, TB, ARV initiation, Chronic diseases, Expanded programme on immunizations, STI, Prevention of Mother to Child Transmission, Ante- Natal Care and Child Health.
Before officially opening the clinic, the MEC first conducted door to door visits where he found out that people were living in poverty. He then handed over food parcels to destitute members of that community saying it will help them to curb hunger while officials from Social Development assisted them in accessing social grants.
The MEC was very happy with the fact that people in that area are well informed about HIV and AIDS, TB and child immunizations and he commended the community health workers in the area for a job well-done.
Mr. Mputumi Boxa was among the community members who received food parcels and said he did not expect the visit and that he was very thankful to the department for providing food parcels to them. "We did not know what we were going to eat even today" he said.
Speaking at the official opening of the clinic, the MEC encouraged people to live healthy lifestyles so that they prevent sicknesses before they even occur and pleaded with mothers to avoid feeding formula to their babies, encouraging them to breastfeed.
He also mentioned that he was aware of the situation of hospitals in the area and promised that they will be taken care of in the next financial year.
The MEC also opened two more state of the art clinics; Ngqwarhu in Cofimvaba and Xhume in Tsomo.
<fn>GOV-ZA.16apr20041En.2012-02-10.en.txt</fn>
· I have prepared a revised publication schedule for mid-May and I attach the affected series as an annexure A.
If necessary, release comparisons described above.
<fn>GOV-ZA.16august20071En.2012-02-10.en.txt</fn>
It is not only in football that South Africa will be hosting a World Cup. Statistics, too, has its 'World Cup', which will be held in South Africa in 2009. This takes the form of the 57th Session of the International Statistics Institute (ISI), which will be held in Durban during August 2009.
Founded in 1885, the ISI is one of the oldest international scientific association's active today. The ISI provides a platform for statisticians to develop and improve statistical methods and their application through the promotion of international activities and co-operation.
The ISI is especially renowned for its biennial meetings in which the entire membership congregates to exchange innovative ideas, develop new links and discuss current trends and developments in the statistical world.
Country bids for the ISI's biennial sessions are awarded six years in advance, and the 57th Session will mark the first one to be held in sub-Saharan Africa in the ISI's 122-year history. African participation at previous ISI sessions has been limited, and South Africa, as host and organiser of the 57th session, is working particularly hard to ensure broad-based participation from as many African countries as possible.
The 57th ISI session will showcase progress made in statistical development on the African continent to the world's statistical community. Up to five thousand statisticians will be told of progress made in measuring and monitoring implementation of the Millenium Development Goals in Africa; of the African round of population censuses; of the development of statistical infrastructure and competences which allow for the collection of data to confront poverty and under-development, to develop appropriate policy, and to monitor and measure the outcomes of policy implementation.
As one of the organisers of the 2009 ISI gathering, Stats SA is developing two programmes under the auspices of the ISI's scientific section: ISIbalo, (Zulu for a mathematical sum), and ISIbane (Zulu for 'light'). These two innovative projects, dealing with capacity building and social responsibility respectively, will continue long after the ISI's 57th Session has closed and moved to Ireland for its 58th Session in 2011.
In Lisbon next week, Portugal, the hosts of the 56th Session of the ISI, will be officially handing over the hosting of the 57th Session to South Africa. A large South African contingent will be present not only to participate in the deliberations of the session, but also to showcase South Africa as a worthy winner of the 2009 bid.
Various South African exhibitions will be promoting the country to potential delegates, ensuring that the 2009 gathering will combine statistical development with the broader opportunities of tourism.
To deliver a world class ISI Session that will leave a lasting impression of the Republic of South Africa and Africa in the world through the provision of a quality service to ISI.
To plant seeds for strengthening the development of human statistical capacity and re-creating numerate societies in South Africa, the Southern African Development Community Africa as a region.
To raise awareness of the importance of quality statistics for better development outcomes.
The former British Prime Minister, Tony Blair, noted that 'The only people that will change Africa ultimately are Africans'. As Stats SA's delegation prepares to leave for the 56th ISI Session, its members know that, when Portugal passes on the baton to South Africa, this will mark a significant milestone in African endeavours to change and unify their continent.
Stats SA takes great pleasure in launching the ISI 2009 website. The ISI (International Statistics Institute) conference will be hosted in Durban in August 2009. It is the first time in the 122 year history of the ISI that this prestigious event will be held in Africa. To view the website visit www.statssa.gov.
<fn>GOV-ZA.16daysAbuseEn.2012-02-10.en.txt</fn>
How do I know I am being abused?
If someone is saying things to you that you feel is offensive to you and your integrity and are hurting your feelings. The abuser may also ridicule or namecall, intimidates, harass, or stalk you. That is VERBAL, PSYCHOLOGICAL and EMOTIONAL abuse.
If someone is touching you in a way that is undignified, harmful - e.g. hitting, forcing you to have sex, pulling hair, grabbing or smacking you. The abuser may also damage your property or enter your residence without your permission. That is all PHYSICAL abuse.
Nobody has the right to hit, push, shove, shake, kick, slap or punch you.
If they love you, they would not harm you. If they respect you, they will not treat you with indignity and disrespect.
What do I do if I am being abused?
Don't suffer in silence: If you are being physically, psychologically (mentally), emotionally or sexually abused in a relationship, it is important that you seek help. You do not have to continue to suffer in silence.
Talk to someone you can trust: confide in a friend, a neighbour, a relative, a spiritual leader or elder, a doctor, or a counselor.
It is not your fault: There is no excuse for any form of abuse and you do not have to put up with it. Both physical and emotional abuse is against the law and help is available through the legal system.
You can get help: You can use the legal system to help you.
Go to the Domestic Violence Court closest to you and apply for a Protection Order.
What are the signs that my friend is being abused?
How do I help an abused friend?
Listen: A person who is being abused needs someone to hear and believe him or her.
It is not his/her fault: Help your friend understand that it is not his or her fault. Your friend is not the bad person. The person who is being abusive has a problem and needs help.
Encourage him/her to seek help: Your friend also needs your encouragement to get help immediately from an adult, such as a parent, family member, or guidance counselor.
If a friend has been raped: Encourage the friend who has been raped to go to a hospital within 72 hours to test for HIV.
How do I help an abused child?
Don't interrogate. Let the child explain to you in his or her own words what happened, but don't interrogate the child.
Assure them they are not in trouble and that you will keep them safe.
Who do I call if someone I know is being abused?
How can I stop abusing my partner/child?
Acknowledge that what you are doing is wrong (no matter what the degree).
Stop rationalizing that abusive treatment of other people as acceptable. Abuse is NEVER healthy or acceptable regardless of the messages you may have been taught or witnessed in the past.
If alcohol makes you more likely to commit violence, stop or reduce.
Avoid alcohol and drugs to deal with your problems.
Exercise and listen to soothing music to deal with stress.
Go to the family elders, trusted friend, neighbour, church elders and community leaders for mediation of disputes.
Seek out the professional assistance of a psychologist or other professionals.
Who can I call to help me stop my abusive behaviour?
Gender Based Violence helpline: 0800 150 150.
Violence against women and children is never acceptable, never excusable, and never tolerable.
<fn>GOV-ZA.16daysDidyouknowEn.2012-02-10.en.txt</fn>
16 Days of Activism: did you know?
Since 1994, Government has developed legislation to redress the wrongs affecting women and children.
Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 was passed to ensure that everyone enjoy Constitutional rights. This Act ensures that women have equal enjoyment of rights and freedoms, in addressing the wrongs of the past.
Employment Equity Act, 1998 ensures that discrimination in employment, occupation and income within the labour market that resulted from apartheid laws are curtailed. It encourages equitable representation of women and other historically disadvantages persons at all levels of public and private entities.
Maintenance Act, 1998 guarantees the rights of a child to a living standard which is adequate for physical, mental, spiritual and social development. The Act ensures that maintenance for the child is recovered from the parents or other persons financially responsible for the child.
Domestic Violence Act, 1998 was enacted to afford survivors of violence maximum protection from domestic abuse. Women, who are at the receiving end of domestic violence, now have a legal recourse that will ensure their protection.
Children&rsquo;s Act, 2005 and Children&rsquo;s Amendment Act, 2007 was enacted to amongst others, protect a child from maltreatment, neglect, abuse or degradation.
Government has implemented and supported many interventions that protect the human dignity of women and children.
The Children's Rights Charter is being reviewed and updated to also include emerging challenges such as use of children as subject of pornography and children's exposure to pornographic material.
Government has responded to the challenge of forced marriage of children to adults under a pretext of a traditional practice called "Ukuthwala". Government is committed to ensure that traditional and other practices are in line with the Constitution and relevant legislation.
The process is underway to re-establish specialised police units dealing with domestic and sexual offences and other crimes against women and children. The establishment of specialised units will mobilise the expertise needed to enhance management and successful prosecution of crimes against women and children.
There are currently 17 Thuthuzela Care Centres [PDF] established across the country in communities with high incidents of sexual violence. The Centres provide health and welfare services as well as initiate processes for effective reporting and prosecution of offences in a dignified and caring environment by qualified professionals.
Criminal Asset Recovery Funds was used to fund 19 victim empowerment projects.
The Directory on Services for Victims of Violence and Crime which contains services provided by over 1 500 government and civil society organisations in all provinces was developed. The directory empowers people to access services that are available in their area.
Dedicated Sexual Offences Courts were developed.
The Domestic Violence Act provided for shelters to be established. There are currently 96 shelters in South Africa, from 39 in 2001.
This Charter includes the Minimum Standards on Services for Victims of Crime, which sets out a legal framework for victims to assert their rights on expected services from the Criminal Justice System.
With implementation of the Victim's Charter, the number of days it took to complete a case in Sexual Offences Court declined from 285 to 142.
The Charter is also a requirement for the Government of South Africa to meet its international obligation in terms of the United Nations (UN) Declaration of the Basic Principles of Justice for Victims of Crime and Abuse of Power.
International cooperation in addressing challenges of violence against women and children.
South Africa submitted its report on progress made on the implementation of the Convention on the Elimination and discrimination against women to the UN CEDAW committee.
South Africa hosted a Southern African Development Community (SADC) Ministerial Meeting (October 09) to finalise the 10 year regional strategic plan of action on trafficking in persons, especially women and children.
The SADC Protocol on Gender and Development states that SADC Member States shall by 2015 have enacted legislation that fight sexual harassment.
South Africa hosted the Gender Justice Regional Summit (9-10 November 2009), bringing together representatives from Africa countries to share experiences and best practices in eliminating sexual and gender based violence.
Last modified: 25 November 2009 15:05:45.
<fn>GOV-ZA.16daysEn.2012-02-10.en.txt</fn>
Last modified: 12 August 2008 07:35:30.
<fn>GOV-ZA.16dayscadarEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2006/06060108151001.
URL: http://www.info.gov.za/speeches/2006/06060610451003.
These elections are historic and the names of the people who have been appointed and elected today will, of course, be recorded in the annals of South Africa's sporting history as the first Executive Board of this united umbrella structure known as the South African Sports Confederation and Olympic Committee (SASCOC).
<fn>GOV-ZA.16daysgcis09En.2012-02-10.en.txt</fn>
30/11/09 Chris Hani Emalahleni local municipality Indwe Community hall Celebration of 16 days of Activism M.E.
25/11/09 Cacadu Camdeboo local Municipality Graaff Reinnet Community radio Station Creating awareness about the campaign and phone in calls to be made.
Cacadu Blue Crane Youth Centre SAPS, Health, Social development, Justice Blue Crane local Municipality and correctional Services, Cacadu District Municipality, SASSA, Education, Home Affairs, labour, Legal Aid Board.
Cacadu Rietbron Cacadu district Area (farm areas) Disabled Day Provincial day all departments to be present and services on wheels and exhibitions.
09 -12-09 O R Tambo Port St Johns Mpatu Door to door campaign raising awareness on violence directed to women alleged of being witches.
10-12-09 O R Tambo Flagstaff Ncele Raising awareness on Human Rights and fight against forced marriages.
25/11/09 Ukhahlamba District Gariep Municipality Burgersdorp Thusong Service centre & Unique Radio Station Outreach programme that involves door to door campaigns, loud hailing and distribution of leaflets and spreading the word. Radio slot that will reach the maximum number of communities to re-educate and re-socialise the community. members in their homes. GCIS, Dept of Education, Dept of Health, SAPS, Correctional Services, Dept of Local Govt & Traditional Affairs, NGOs, FBOs, Gender equality, human Rights Commission, Big Business.
25/11/2009 Overberg District (Klipdale/ Ruens) Cape Agulhas Local Municipality -Leaflet Distribution Door to Door - Puppet Show (Children) -Drama Groups Mayor - To address the communities on the significance of 16/365 Days of Activism Campaign -SAPS, ACVV -Child Welfare -Cape Agulhas Municipality -Dep. Health -Dep. Education -Dep.
25/11/2009 Overberg District (High noon) Theewaterskloof Municipality -Leaflet Distribution Door to Door -Visit to schools do compile a identity kits for the children - SAPS Love Life Dep. Social Development Badisa Dep.
26/11/2009 Overberg District (Ouplaas) Cape Agulhas Local Municipality -Leaflet Distribution Door to Door - Puppet Show (Children) -Drama Groups Mayor - To address the communities on the significance of 16/365 Days of Activism Campaign -SAPS -ACVV -Child Welfare -Cape Agulhas Municipality -Dep. Health -Dep. Education -Dep.
27/11/2009 Overberg District (Protea Service Centre) Cape Agulhas Local Municipality -Leaflet Distribution Door to Door - Puppet Show (Children) -Drama Groups Mayor - To address the communities on the significance of 16/365 Days of Activism Campaign -SAPS -ACVV -Child Welfare -Cape Agulhas Municipality -Dep. Health -Dep. Education -Dep.
30/11/2009 Overberg District (Struisbaai) Cape Agulhas Local Municipality -Leaflet Distribution Door to Door - Puppet Show (Children) -Drama Groups Mayor - To address the communities on the significance of 16/365 Days of Activism Campaign -SAPS -ACVV -Child Welfare -Cape Agulhas Municipality -Dep. Health -Dep. Education -Dep.
Puppet Show (Children) -Dep.
Drama Groups -Dep. Education -Dep.
01/12/2009 Overberg District Theewaterskloof Local Muncipality - Presentation - Audiovisual Screening Badisa - To do a presentation on the impact/consequences of alcohol abuse on women and children -Badisa -Dep.
02/12/2009 Overberg District (Waenhuiskrans) Cape Agulhas Local Municipality -Leaflet Distribution Door to Door - Puppet Show (Children) -Drama Groups Mayor - To address the communities on the significance of 16/365 Days of Activism Campaign -SAPS -ACVV -Child Welfare -Cape Agulhas Municipality -Dep. Health -Dep. Education -Dep.
03/12/2009 Overberg District (Klipdale/Ruens) Cape Agulhas Local Municipality -Leaflet Distribution Door to Door - Puppet Show (Children) -Drama Groups Mayor - To address the communities on the significance of 16/365 Days of Activism Campaign -SAPS -ACVV -Child Welfare -Cape Agulhas Municipality -Dep. Health -Dep. Education -Dep.
04/12/2009 Overberg District (Glaskasteel Sport Complex) Cape Agulhas Local Municipality -Leaflet Distribution Door to Door - Puppet Show (Children) -Drama Groups Mayor - To address the communities on the significance of 16/365 Days of Activism Campaign -SAPS -ACVV -Child Welfare -Cape Agulhas Municipality -Dep. Health -Dep. Education -Dep.
07/12/2009 Overberg District (Protem) Cape Agulhas Local Municipality -Leaflet Distribution Door to Door - Puppet Show (Children) -Drama Groups Mayor - To address the communities on the significance of 16/365 Days of Activism Campaign -SAPS -ACVV -Child Welfare -Cape Agulhas Municipality -Dep. Health -Dep. Education -Dep.
08/12/2009 Overberg District (March to Kleinbegin Hall) Cape Agulhas Local Municipality March for no violence/abuse against women and children Mayor - To address the communities on the significance of 16/365 Days of Activism Campaign -SAPS -ACVV -Child Welfare -Cape Agulhas Municipality -Dep. Health -Dep. Education -Dep.
0812/2009 Overberg District (Villiersdorp- surrounding farms) Theewaterskloof Local Municipality -Leaflet Distribution Door to Door Mayor/Ward Councilor - To address the communities on the significance of 16/365 Days of Activism Campaign -SAPS -ACVV -Child Welfare -Cape Agulhas Municipality -Dep. Health -Dep. Education -Dep.
25/11/2009 City of Cape Town City of Cape Town (Community of Kleinvlei) Ward 17 Launch of the 16 days of activism campaign for no violence against women and children.
27/11/2009 City of Cape Town City of Cape Town (Durbanville-Ward 105) Anti child and women abuse communication intervention.
05/12/2009 Metro City of Cape Town Gugulethu labrary "speak the truth until you tremble", Don't be afraid.
18/11/09 Namaqua(Springbok) Namaqua Outreach Programme(Awareness) Gender Base Violence. The effect of substance abuse Dept. Agriculture, Land Reform & Rural Dev.
19/11/09 Namakwa Nourivier Outreach Programme(Awareness) Gender Base Violence. The effect of substance abuse Dept. Agriculture, Land Reform & Rural Dev.
22/11/09 Pixley Ka seme Umsobomvu Launch: 16 Days of Activism Mayor, Provincial Commissioner, Station Commissioner, Cluster Manager, Councillors, Senior Superintendent GCIS, SAPS, Members of CPF, WAC, YAC, Love Life, Sector forums, Local Govt, Dept. Transport, Safety and Liaison, Dept. Home Affairs, Framework , Dept.
25/11/09 Namakwa Outreach Programme (Awareness) Gender Base Violence. The effect of substance abuse Dept. Agriculture, Land Reform & Rural Dev.
26/11/09 Namaqua Hondeklipbaai Build-up Programme: Intergenerational Dialogue Dept.
27/11/09 Namaqua Carolusberg Crime Prevention Operation Log Down SAPS and Dept.
Spoegrivier Awareness Campaign-alcohol & drugs Dept.
3/12/09 Namaqua Springbok - Zone Mass Mobilization Against HIV/Aids SAPS and Dept.
05/12/09 Namaqua Springbok Music Festival Dept.
To raise awareness on domestic violence, and the marketing of the victim friendly centre Awareness campaign on domestic violence, and marketing of the victim friendly centre Pixley Ka Seme Municipality Volksrust Social Development Name MM Lilaka Tel: 013 766 3251 MEC : Mrs.
To Create awareness on Violence against Women and Child abuse. Ensure that children with disabilities enjoy their rights to liberty and security Awareness campaign on violence against Women and Children abuse.
To take services to the people. Make community aware of crime against Women and Children.
04 December Changing men's mindset from the previous injurious idea of Domestic Violence practices Men's Debate on Domestic Violence Government Complex building no.
To address the women and children on their rights and different programmes that are in place Campaign to further educate women & children about their rights Hendrina Branch Office Rietkruil Social Development Name MM Lilaka Tel: 013 766 3251 MEC: Mrs.
06 December Promote awareness to residents about the domestic Violence Act with the intention of uniting families.
10 December To highlight the stories of survivors of gender-based violence and the impact that the campaign has had on their lives.
<fn>GOV-ZA.16daystoolkitEn.2012-02-10.en.txt</fn>
We are gathered here in Giyani on Mandela Monday. The project has also supported local Small Medium and Micro Enterprises in the construction field.
<a href="http://www.search.gov.za/info/vql.jsps=true&rx=true&rsm=true&qa=2&rps=20&rss=1&rsd=1&q=("imbizo+focus+week")(dc. Date>=2002/10/01)(dc. DateNEX?
<a href="http://www.search.gov.za/info/vql.jsps=true&rx=true&rsm=true&qa=2&rrs=1&rps=20&q=("imbizo+focus+week")(dc. Date>=2002/10/01)(dc. DateDat?
URL: http://www.info.gov.za/speeches/2002/02100409461005.
<fn>GOV-ZA.16march20061En.2012-02-10.en.txt</fn>
South Africa's role in the development of statistical methodology and practice that can be applied globally is growing, as shown by its increasingly prominent role on bodies such as the UN Statistical Commission.
The collection and interpretation of statistics is not confined to the work of separate national agencies. The internationalisation of statistical practice increasingly allows for comparisons between countries, across regions and continents.
This is important for investors needing to assess the risks and opportunities in different countries and regions. It is also central in the monitoring of social and economic progress across the globe through, for example, the UN's millennium development goals.
For statistics to be useful in these sort of global or international comparisons, they have to be collected, processed and analysed according to common or uniform standards, definitions and classifications.
The development of internationally accepted statistical methodologies is at the centre of the work of a range of international and regional institutions, including bodies such as the African Economic Commission, and the Statistical Commission of the UN.
Last week, I, as statistician-general, represented South Africa at the 37th session of the UN's Statistical Commission, held in New York from March 3 to 10. The commission involves an annual sitting of heads of statistics offices to discuss methodology, content, policy and administration of country, regional and international statistics systems.
The Statistical Commission was established in 1946 and held its first session the following year. Currently, documentation for the commission has to be produced in six languages, reflecting the global character of the statistics system: Arabic, Chinese, English, French, Russian and Spanish.
South Africa is one of the five African countries representing the continent. At this session, South Africa was elected to the bureau of the commission, as rapporteur. Next year, South Africa will chair the commission.
The commission is also charged with advising organs of the UN on the collection, analysis and dissemination of statistical information.
At last week's meeting, the Economic Commission for Africa, supported by the five member states from Africa, presented a report arising from the 2006 African Symposium on Statistical Development, which took place in Cape Town during January.
This report warned that, unless the quality of the metadata for statistical collections could be improved in African countries, the basis for assessing data quality, and comparing countries and regions, would remain limited.
Among other things, the report concluded that "despite improved collaboration among international agencies and improvement in the data available to support indicators, the quality and availability of data is not yet sufficient to reliably monitor progress in the achievement of the millennium development goals".
It was in this context that South Africa proposed a resolution on strengthening statistical capacity. This aims to improve measurement and enhance international collaboration on statistics as well as improving locally produced measurement rather than relying on the estimates often undertaken by international agencies.
This resolution specifically addressed the problem of imputation, where local data are not available to support the imputation process; asserted the necessity of transparent methodologies when imputation is undertaken; and called for supporting metadata to comply with internationally acceptable guidelines.
These issues require resolution if countries and regions are to be compared on a reliable basis.
Ongoing development of an international system of statistics is a priority if comparisons between countries, regions and continents are to be meaningful.
The UN Statistical Commission is a central element in the range of institutions - national, regional and global - that support this, and South Africa's role in the work of the commission is a matter of justifiable pride.
Pali Lehohla is South Africa's statistician-general and head of Statistics South Africa. For more information on Stats SA and its statistical outputs, visit www.statssa.gov.
Published on the web by Business Report on March 16, 2006. © Business Report 2006. All rights reserved.
<fn>GOV-ZA.16mieEn.2012-02-10.en.txt</fn>
Mining continues to play an important role in the national economy. Preliminary 2002 figures indicated that mining contributed R30,6 billion or 8,5% of gross value added, an improvement of R13,86 billion from 2001. The preliminary figures also indicated a 1,5% rise in employment in the mining sector from 407 154 in 2001 to 413 087 in 2002. Sales of primary mineral products accounted for 34,3% of South Africa's total export revenue during 2001.
Earnings from platinum surpassed gold for the first time in 100 years. Total revenue from platinum-group metals (PGMs) in 2001 was $3,88 billion compared with the gold revenue of $3,37 billion for 2001.
South Africa continues to export a very high proportion of its raw mineral resources.
There is still a lot of potential for growth in the exploitation of minerals in the country, especially where the country is ranked number one in terms of reserves. For example, in manganese, chrome and the PGMs, South Africa has 80%, 72,4% and 55,7% of world reserves respectively.
The Department of Minerals and Energy is the primary government institution responsible for formulating and implementing policy. It reports to and advises the Minister of Minerals and Energy who, in consultation with the Cabinet, takes final responsibility for policy.
South Africa, which supplies two-thirds of Africa's electricity, is one of the four cheapest electricity producers in the world.
Within the Department, the Electricity and Nuclear Branch is responsible for electricity and nuclear-energy affairs; the Hydro Carbons and Energy Planning Branch is responsible for coal, gas, liquid fuels, energy efficiency, renewable energy and energy planning, including the energy database; while the Mineral Development Branch manages, among others, mineral prospecting and mining rights.
The Mine Health and Safety Inspectorate (MHSI) is responsible for the application of mine health and safety legislation.
recognise that mineral resources are the common heritage of all South Africans and collectively belong to all the peoples of South Africa promote the beneficiation of minerals guarantee security of tenure for existing prospecting and mining operations ensure that mining contributes to rural development and supports those communities affected by mining operations ensure that historically disadvantaged persons participate more meaningfully in the mining industry promote junior and small-scale mining uphold good environmental practices and sustainable development ensure increased access to geological and mining information.
the Act ensures that new order rights are registrable, transferable, tradable and bondable existing operators are guaranteed security of tenure prospecting rights will be valid for a maximum period of five years and renewable for a further maximum period of three years mining rights are valid for a maximum period of 30 years and renewable for a further period of 30 years.
The cancellation of new rights will only take place if there is a breach of the terms and conditions of the right of tenure by the holder, and only after the holder had been given enough notice to rectify such a breach.
The Draft Mining Titles Registration Amendment Bill, 2003 has been published for comment.
The Department of Minerals and Energy played a leading role in the establishment of the Kimberley Process, which aims to prevent conflict diamonds from getting into the global diamondmarket industry and to protect legitimate trade.
The Kimberley Process was initiated by a Working Group of representatives from 39 African diamond-producing and trading countries in 2000, after non-governmental organisations, supported by some governments, threatened to boycott diamonds from conflict-ridden areas.
The Kimberley Process Certification Scheme (KPCS), which was launched and accepted by 52 governments in Interlaken, Switzerland in November 2002, was officially implemented on 1 January 2003. In essence, these countries have agreed that they will only allow for the import and export of rough diamonds if they come from or are being exported to another Kimberley Process partici-pant.
Participants welcomed the resolutions adopted respectively by the United Nations (UN) Security Council in January, and by the UN General Assembly in April 2003, which expressed strong support for the KPCS. The Working Group on Diamond Experts discussed ways and means of improving the manner in which the national certification schemes of participants interact.
By May 2003, all the world's diamond industries and approximately 70 countries were participating.
The Bill will amend the Mining Titles Registration Act, 1967 (Act 16 of 1967), to regulate the registration of mineral and petroleum titles and other rights, and to effect certain amendments necessary to ensure consistency with the Mineral and Petroleum Resources Development Act, 2002.
The Broad-Based Socio-Economic Empowerment Charter for the South African Mining Industry, which has the support of the mining houses and labour unions concerned, was approved by the Cabinet in October 2002.
Targets of the Charter include 15% ownership of mines by historically disadvantaged South Africans within five years, 40% of historically disadvantaged South Africans in both junior and senior management positions in five years, 26% ownership within 10 years, and 10% participation by women within five years.
promote equitable access to the nation's mineral resources for all South Africans substantially and meaningfully expand opportunities for historically disadvantaged South Africans, including women, to enter the mining and minerals industry and to benefit from the exploitation of the nation's mineral resources utilise the existing skills base for the empowerment of historically disadvantaged South Africans expand the skills base of historically disadvantaged South Africans to serve the community promote employment and advance the social and economic welfare of mining communities and the major labour-sending areas promote beneficiation of South Africa's min eral commodities. The proposed Scorecard for the Charter has been introduced, giving effect to the provisions contained in the Charter.
The Scorecard is designed to facilitate the application of the Charter in terms of the requirements of the Mineral and Petroleum Resources Development Act, 2002 for the conversion of all the 'old order rights' into new rights within a five-year conversion window period, while recognising the full 10-year period.
Mine environmental management forms an integral part of mineral-resource management.
The strengthening of enforcement to prevent mining legacies from happening. This relates to the implementation of the Mineral and Petroleum Resources Development Act, 2002 and other short and long-term strategies to strengthen environmental enforcement.
Identifying mine-pollution 'hot spots' and implementing additional measures, norms and standards to address and manage the pollution problems within these areas.
Rehabilitating the mine legacies of the past. In order to facilitate the implementation of these priorities, the Phephafatso Strategy (meaning 'clean-up' in Tswana) is being finalised. The Strategy is not only an initiative of the Department of Minerals and Energy, but a co-operative government initiative supported by the mining industry, various parastatals and other role-players.
In order to address mine-water pollution problems within the Witwatersrand gold-mining 'hot spots', the Department, in conjunction with the Council for Geoscience and other government departments, is developing a comprehensive strategy to address the polluted underground water that has been a hindrance for many years. In line with the 'polluter pays' principle, the dedicated involvement of the gold-mining industry, local authorities and other role-players must be obtained.
This strategy currently includes measures to prevent water ingress into mines. Such preventative measures will reduce the impact on the environment and substantially decrease mining costs within the Witwatersrand gold-mining area. For the prevention of water ingress, a work programme aimed at engineering interventions in the central and East Rand mining basins was expected to be implemented in 2003/04.
Representatives from nearly 200 countries assembled at the WSSD in Johannesburg in September 2002 to reaffirm their commitment to sustainable development.
As a follow-up to the WSSD outcomes for mining, the Department of Minerals and Energy finalised a strategy with specific programmes, plans and time frames to achieve the objectives and priorities with regard to the implementation of the Johannesburg Plan for Implementation.
Africa. Apart from the national processes being established to take the WSSD outcomes forward, international processes and structures such as the African Mining Partnership will be established to champion, among others, the New Partnership for Africa's Development's (NEPAD) mining and mineral-related initiatives. The Global Mining Dialogue is also being established to promote the WSSD mining outcomes in the international arena.
Government follows an integrated and cooperative approach with regard to the rehabilitation of the asbestos legacies of the past. Specific responsibilities regarding the management of asbestos pollution have been assigned to specific government departments, namely the Departments of Environmental Affairs and Tourism, Minerals and Energy, Water Affairs and Forestry, Trade and Industry, Health, and Labour.
Addressing asbestos legacies has always been a priority for the Department. In accordance with the Asbestos Rehabilitation Priority Index database, 145 derelict and ownerless asbestos dump complexes have been identified for rehabilitation.
In recent years, the Department has implemented a dedicated programme for the rehabilitation of derelict and ownerless asbestos mines/dumps.
Only 84 derelict and/or ownerless asbestos dump complexes in South Africa still need to be rehabilitated. It is also envisaged that the rehabilitation will be finalised within the next 10 years at a cost of R100 million. The Department spent R17 million during 2002/03 at the old Voorspoed Asbestos Mine, Koegas, Neweng and the Whitebank Complex in the Northern Cape.
With regard to the rehabilitation of abandoned and ownerless gold, coal and other mines in South Africa, the Department is in the process of identifying and developing a database.
safety pathways over the site, and access control a storm-water diversion system to prevent storm water flowing through the site and becoming acidic.
Investigations regarding the methods of rehabilitating the Transvaal and Delagoa Bay Colliery have been finalised.
These methods include remining, blasting and collapsing, flooding and ashing. A combination of the above methods was agreed on as the preferred rehabilitation option. The rehabilitation of the Colliery will serve as a trial case for the successful rehabilitation of the other abandoned and ownerless coal mines in South Africa.
The EMEM Award System was implemented in March 2000 to motivate the mining industry to excel in environmental management and to recognise those mining companies which have excelled in their field. The EMEM Awards are awarded to regional and national companies. The winners of the 2002 National EMEM Awards were Richards Bay Minerals and Serina Koalin (Pty) Ltd.
During 2001, the mining industry directly contributed 7,5% to gross value added, and an estimated 10,3% through associated multiplier effects. The declining trend in mining's contribution to gross value added in recent years has been reversed since 2001, with the highest levels recorded since 1996, mainly as a consequence of the strong performance in the PGM sector.
Mining contributed 10,1% to South Africa's gross fixed capital formation during 2001, while sales of primary mineral products accounted for 34,3% of total exports. The inclusion of various processed mineral products such as ferro-alloys and aluminium increased this contribution to more than 40% in 2001.
Employers and trade unions in the mining industry have agreed to establish various measures that will help create jobs and alleviate poverty. The parties committed themselves to co-operate, to ensure that skills development becomes a priority in the industry.
Over the last few years, South African mining houses have transformed into large focused mining companies that include Anglo Platinum, Anglogold, De Beers, Implats and Iscor.
The Government is the only shareholder of Alexkor, a diamond mine situated on the west coast in Namaqualand. The Alexkor Limited Amendment Act, 2001 (Act 29 of 2001), was promulgated in November 2001. The Act provides for the sale or disposal of shares held by the State.
In June 2003, government announced that it had resolved to defer the finalisation of the bidding process for the disposal of a 51% interest in Alexkor, pending the outcome of a land claim by the Richtersveld community.
In October 2003, the Constitutional Court returned the land and mineral rights owned by Alexkor to the Richtersveld community who were forcibly removed from the land in the 1920s.
Gold mining, with 47,4% of the mining industry's labour force, was the largest employer in 2002, followed by PGM mining with 27%. The coal industry employed 12%.
Taking into account the multiplier effect of the supply and consumer industries, including dependants, many millions rely on the mining industry for their livelihood.
Over the past five years, South Africa's gold mines have been plagued by diminishing economic reserves and consequent cost controls. Since 1990, more than 200 000 workers in the gold-mining industry alone have lost their jobs through retrenchments.
This trend was reversed in 2002, with a 1,5% increase in employment in the mining sector.
The Mine Health and Safety Inspectorate (MHSI), as an integral part of the Department of Minerals and Energy, was established to protect the health and safety of employees and other persons at mines.
Proposed key measures for the prevention of machinery-related accidents were identified by the Minister of Minerals and Energy, Ms Phumzile Mlambo-Nqcuka, during the National Union of Mineworkers (NUM) Policy Conference in February 2003.
the maintenance of track work to prevent derailment the development of a traffic-control system to prevent the collision of vehicles a clearance of at least 500 mm between rolling stock and any object to allow sufficient space for pedestrians.
In the next three years, the MHSI will focus on addressing hazards relating to mine falls, machinery and occupational health. Work will also continue on supporting human resource development in the industry, inquiries into recent major accidents, developing and improving occupational health and safety databases, and supporting work to bring about the integration of occupational health and inspectorates at national level.
Key events planned include, among others, convening the Mine Health and Safety Summit, which will involve government, employers and labour discussing concerns, trends and policy; hosting a conference of mine health and safety research organisations; and a series of workshops on implementing new legislation, particularly legislation relating to occupational health.
The 30th International Conference of Safety in Mines Research Institutes was held in Johannesburg from 6 to 8 October 2003. The Conference was presented by the South African Institute of Mining and Metallurgy and the MHSI.
An independent review of the MHSI was commissioned to assess the performance of the industry since the Leon Commission of Inquiry in 1994 and the promulgation of the Mine Health and Safety Act, 1996 (Act 29 of 1996).
consider a number of changes in structure and approach, such as establishing a policy unit increase the number of inspectors in the field develop a more effective recruitment and staffing strategy develop the outlook and expertise of inspectors develop a more effective and standardised approach to enforcement. The fatality rate for 2002 was 0,74 per 1 000 people at work, corresponding to 288 deaths during the year. This is a small improvement on 2001's rate of 0,75 (also 288 deaths).
The number of people employed in the mining industry rose in 2002. The reportable injury rate for 2002 was 11,5, corresponding to 4 453 injuries. The corresponding figures for 2001 were 12,34 and 4 728. Against a backdrop of expansion in the gold, platinum and smallmining areas, and particularly serious capacity problems in the platinum and small-mining sector, these results reflect a considerable effort on the part of the MHSI and industry stakeholders to halt deterioration in safety performance.
By March 2003, the MHSI had conducted 3 200 accident investigations and 14 500 inspections and audits.
Audits and inspections are apportioned to various mines according to their risk profile.
The African Mining Partnership (AMP) was formed at the African Mining Ministers' Forum in Cape Town during February 2003.
The AMP's main mandate is to support the New Partnership for Africa's Development, as well as mining and mineral-related initiatives.
Other priority issues include finding methods to ensure that Africa's mineral wealth stays on the continent, as well as ways to stop non-Africans from exploiting natural resources.
It was decided to identify four projects in which Africa has fairly large dispersed resources.
Also tabled at the Forum was the exploration of various ways of utilising small-scale mining as a vehicle for the alleviation of poverty, economic empowerment of women in the mineral sector, and, in particular, regional economic growth.
It was agreed that each member country should develop legal and financial strategies to enable this sector, including industrial minerals, to gain access to finance and international markets.
instructions in terms of Sections 54 and 55 of the Mine Health and Safety Act, 1996 to rectify, stop work and rectify, or review control/ management systems.
the Tripartite Mining Industry HIV and AIDS Committee and programmes in the mining industry the receipt and storage of medical records when mines close exit medical examinations for employees of liquidated mines.
enable the development and transformation of the sector contribute to the health, safety and competitiveness of the sector improve access to quality education and training for all redress past inequalities in education and training. The MQA has been established as a Sector Education and Training Authority (SETA) under the aegis of the Department of Labour.
develop and monitor the implementation of a sector skills plan register skills-development facilitators at workplaces within the sector approve work skills plans and annual training reports of companies in the sector develop unit standards and qualifications maintain the quality of standards, qualifications and learning provision in the sector establish, register, administer and promote learnerships administer existing apprenticeship systems administer and disburse skills-development levies.
By December 2002, the Minerals and Energy Education and Training Institute had trained 240 students, 78 of whom were women.
Established in 1889, the Chamber of Mines consists of independent mining finance corporations, individual mines and mining companies. The members account for more than 85% of South Africa's mineral output.
The Chamber of Mines provides an advisory and service function to its members and to the industry on a co-operative basis, in areas such as industrial relations; education and training; security and healthcare; technical, legal and communication services; and the provision of statistical data.
The following services to the South African mining industry and, in some instances, also to customers outside the mining industry, are provided by subsidiary companies: training; examination administration; visits to operational gold mines; the monthly newspaper Mining News; mine-rescue services; environmental management services; and centres for human development.
Collieries Environmental Control Services the Council for Scientific and Industrial Research' (CSIR) Mining Technology Division (Miningtek).
The economic impact of small-scale mining is difficult to measure, as most of this mining is illegal and criteria to monitor these operations have not yet been developed. One of the most crucial tasks facing government is to legalise small-scale mining by assisting in upgrading these operations into economically viable business units. This task is ongoing and for the period April 2001 to March 2002, the National Steering Committee of Service-Providers to the Small-Scale Mining Sector (NSC) received over 200 applications of which 16 projects were approved.
The NSC is focusing on identifying smallscale mining operations in recognised poverty nodes to enhance economic development in these mainly rural areas. A number of areas have been singled out for attention.
The NSC has also played a pivotal role in the regeneration of economic activity in former mining and labour-sending areas currently in a state of economic decline, e.g. in Namaqualand in the Northern Cape, Ndedwe in KwaZulu-Natal, Indwe and Port St Johns in Alfred Nzo, and O.R.
Source: Minerals Bureau in the Eastern Cape, State projects in Sekhukhune in Limpopo, and Zeerust in North West.
The Minister of Minerals and Energy announced in her 2003/04 budget speech the establishment of the Small-Scale Mining Committee (SSMC). The SSMC will be responsible for setting up a diamond-processing plant in the Northern Cape, a phosphate mine in the Western Cape, and implementing coal and brick-making projects in the Eastern Cape.
The projects are expected to create some 1 500 direct jobs.
South Africa's mineral wealth is found in diverse geological formations, some of which are unique and extensive by world standards.
Gold - the unique and wide-spread Witwatersrand Basin yields some 98% of South Africa's gold output.
Diamonds (in kimberlites, alluvial and marine) - the country is among the world's top producers.
Titanium - heavy mineral-sand occurrences containing titanium minerals are found along the coasts.
Manganese - enormous reserves of manganese are found in the sedimentary rocks of the Transvaal Supergroup.
PGMs and chrome - these minerals occur in the Bushveld Complex in Mpumalanga, Limpopo and North West. More than half of the global reserves of chrome and platinum are found in this deposit.
Coal and anthracite beds occur in the Karoo Basin in Mpumalanga, KwaZulu-Natal and Limpopo.
Copper phosphate, titanium, iron, vermiculite and zirconium are found in the Phalaborwa Igneous Complex in Limpopo.
South Africa's reserves of seven commodities rank highest in the world.
Preliminary ~ Various mass and volume units (e.g.
PGMs gold vanadium alumino-silicates vermiculite. The small domestic market for most commodities means that South Africa's mineral industry is export-orientated: for vermiculite it contributes 95% of world exports, vanadium 76%, alumino-silicates 51%, ferrochromium 57%, PGMs 51%, chrome ore 24%, and manganese ore and ferromanganese 23% and 25% respectively.
South Africa is the world's largest exporter of these commodities, as well as of gold, ziconium and antimony. Other important export commodities include coal and titanium minerals.
Because of this vast mineral resource base, South Africa is, to a large degree, self-sufficient with respect to the supply of minerals.
However, some minerals and mineral products need to be imported due to an insufficiency of local resources or the fact that their deposits in South Africa cannot be economically exploited.
Another factor is that certain specialised grades and products are not produced in South Africa.
The more notable imports into South Africa in 2002 were diamonds, alumina and other non-ferrous minerals, certain ferro-alloys and coking coal.
South Africa's total primary minerals increased by 17,1% to R115,2 billion in 2002. Total processed mineral sales increased by 8,4% in 2002 to some R24,5 billion.
The combined total for primary and processed mineral sales is estimated to have increased by 15,5% in 2002 to R139,7 billion.
Domestic primary mineral sales revenue increased in 2002 by 18% to R29,8 billion.
The value of exports of primary minerals in 2002 increased by 19,8% to R107,8 billion.
The Directorate: Mineral Economics (Minerals Bureau) of the Department of Minerals and Energy monitors and analyses all mineral commodities with regard to South African and world supply and demand, marketing and market trends.
Full details of South Africa's mineral industry (including the individual commodities) and its recent performance are provided in the Directorate's annual review.
The recent performance of the more important individual commodities and of the different mineral sectors is summarised as follows.
The Department of Minerals and Energy has increased the funding allocated annually to assist with the development of the small-scale mining sector from R5,1 million in 2002/03 to R15 million for the 2003/04 financial year.
During 2002/03, there were 13 projects in different stages of development. The projects employed 740 people, with the bulk of them, 593, being women. A total of R6,8 million was spent in developing these projects. Strides were made at the brick-making project in KwaZulu-Natal.
The Mining Qualifications Authority enabled young people to study for tertiary qualifications in mining through a total of 135 scholarships mainly to previously disadvantaged South Africans. This is done to ensure that the mining industry has the required number of skills, and that people from previously disadvantaged backgrounds are prepared to seize opportunities made available by the Mining Charter, which states that in five years, 40% of junior and senior managers in the mining industry should be historically disadvantaged South Africans.
World supply and demand for gold decreased by 1,5% to 3 978 tons (t) in 2002.
The average gold price traded at a five-year high of $310/oz.
World mine supply decreased by 36 t to 2 587 t, but South African gold production increased for the first time since 1993. According to provisional 2002 data, gold output in 2002 rose by 0,7% to 397 t and gold revenue increased by 22,4% to £3,94 billion.
The country's first new underground gold mine in 20 years, Avgold's Target Mine, was officially opened in March 2002.
ARMgold, the country's largest blackcontrolled gold producer, listed on the JSE Securities Exchange in May 2002. During 2002, the company was South Africa's largest, and the world's 11th-largest producer of gold.
Revenue from coal increased by $163 million, or 5,7%, in 2001 to regain the $3-billion level that was last exceeded in the 1995 to 1998 period. World coal prices strengthened considerably towards mid-year, but sales volumes were relatively unchanged. Just over 30% of the sales volume was exported, accounting for 63% of the sales revenue.
Investments in new coal-mining and transport infrastructural developments are still awaiting prospects of sustained strong activity and firm prices.
South African PGM production increased by 4,7% to 240 t in 2002, but PGM revenue decreased by 14,6% to $3,31 billion. The average platinum price for 2002 was 2,0% higher at $540/oz, while the average palladium price was 44,1% lower at $337/oz.
A noteworthy feature has been the dramatic increase in domestic sales revenue over five years, from almost zero to $415 million in 2002, largely to supply a developing manufacturing business providing automotive exhaust catalysis systems for world markets.
PGM-mining investments in progress, committed and proposed, involving new mines, extensions, mineral processing plants and smelters will be substantial over the next five years. New entrants, often representing previously disadvantaged community interests, are mostly participating through joint ventures with established major operators.
Refined copper, nickel, cobalt, titanium and zirconium concentrates dominate this sector, with support from zinc, lead and arsenic concentrates. The sector contributes some 12% and 4% respectively to total primary local sales and total primary export sales. About 44% of total revenue is local sales for further added-value operations.
World prices for base minerals stabilised in 2002, and most base metal annual average prices were somewhat below their 2001 levels. Demand was also weak. It was anticipated that the recovery of base metal demand and prices would start towards the end of 2003.
Provisional statistics, however, indicate that South Africa's base mineral sales excluding titanium and zirconium minerals increased slightly by $12 milion or 2,4% to $503 million. This increase is largely attributed to increased sales by volume.
This sector consists of the ores of iron, manganese and chrome, dominated by iron ore. It has been a leading performer in the primary minerals industry in recent years, with revenue in Dollar terms growing at almost 3% annually. Demand depends on the fortunes of the world's steel and stainless steel industries.
Recessionary economic conditions in the developed world during 2001 impacted negatively on ferrous minerals demand and prices. Improved iron ore sales were insufficient to offset this trend. Overall, ferrous mineral sales fell by $28 million, or 3,5%, below the 2000 revenue.
This sector comprises a wide variety of mineral products, from which 70% of revenue is local sales. In Dollar terms, domestic activity appears to be decreasing alarmingly, with total sales decreasing by 9,1% in 2001 to $523 million. In Rand terms, local sales increased by 14,1% to the value of R4,0 billion, and export sales increased by 4,3% to R1,5 billion.
During 2002, 80% of local sales comprised limestone and lime (26%), phosphate rock concentrate (data withheld), aggregate and sand (25%) and sulphur (5%).
Exports were dominated by dimension stone (46%), vermiculite and fluorspar (15% each), andalusite (9%) and phosphate rock concentrate (data withheld).
South African industrial mineral statistics do not include beach sands (ilmenite, rutile and zircon), chromite and manganese ore used in non-metallic applications (e.g. pigments, chemicals and batteries) and antimony trioxide (used in flame retardants), all of which are included in this sector in other parts of the world.
Ferro-alloys and aluminium dominate this sector, with solid support from titanium slag, phosphoric acid, vanadium, zinc metal and low-manganese pig-iron. Through investment in beneficiation, it has been the outstanding performer in the mineral industry over the last 16 years, with revenue in Dollar terms growing at 5,5% annually.
Weaker international prices during 2002 were responsible for processed mineral sales falling some 5,5% compared with 2001.
This sector is dominated by diamonds, with support from hydrocarbon fuel, uranium oxide and silver. Sales revenue was boosted enormously in 2000 by diamond sales that were held back from 1999, and by a strategy to amortise commercial diamond inventories.
In 2002, the sector sales amounted to just under $1 billion, down from 2001 as a result of the stronger Rand against the Dollar. Almost two-thirds of sales were exports, and a strong share of the local sales arose from products of the domestic hydrocarbon wells, which are not directly exported.
New investment potential remains strong in this sector, which has recovered enormously by new investments in operations since 1994, compensating for the rapid demise in the demand for uranium oxide in nuclear applications since the late 1980s.
Energy comprises approximately 15% of Gross Domestic Product (GDP), creating employment for about 250 000 people. The total electricity sales by Eskom in 2002 grew by 1,5% to 187 957 gigawatt-hour (GWh). Total liquid-fuels sales in 2001 grew by 0,3% to 20 934 million litres (ML). These figures demonstrate the growth of the South African economy and the importance of energy as a key driver of the country's economy.
Its energy intensity is above average, with only 10 other countries having higher commercial primary energy intensities. This high-energy intensity is largely a result of the economy's structure, with large-scale, energy-intensive primary mineral beneficiation industries and mining industries dominating.
In addition, there is a heavy reliance on coal for the generation of most of the electricity and a significant proportion of the liquid fuels consumed in the country. Furthermore, South Africa's industry has not generally used the latest in energy-efficient technologies, mainly as a result of relatively low energy costs.
Government has been persistently engaging members of the Organisation of Petroleum Exporting Countries through diplomatic channels to increase production.
Significant potential exists for energy efficiency improvements in South Africa in all economic sectors, the largest potential being in industry, which uses 68% of all electricity.
The savings potential of the industrial sector could be as high as 50% for a number of reasons: the low cost of electricity is only a temporary phenomenon, energy-efficient technologies are more easily available than in the past and the payback periods are short. However, maximum benefits for the national economy will only realise if energy efficiency is practised across all sectors, including mining, households, commercial buildings and transport.
The energy-efficiency strategy to be pursued by government envisages achieving a target of 5% improvement over the next 10 years through enabling instruments and interventions. These include economic and legislative means, norms and standards and appliance labelling, energy audits and management, promotion of energy-efficient technologies, as well as the promotion of public awareness and information about the benefits of energyefficiency measures.
Interventions will be grouped into three phases according to the payback period aimed at implementing 'easy gain' measures in the first phase and 'long-term gains' in the third phase.
The barriers to implementing energy efficiency in the past have been the low cost of electricity and the lack of knowledge among the public about the benefits of energyefficient technologies, but the situation is set to change. The commitment to sustainable development and cleaner energy utilisation, the low cost of energy-efficient technologies and, above all, the cost-effectiveness of energy efficiency (including demand-side management on behalf of the electricity utilities) compared with the great expenditure involved in building new power-generation capacity, are driving government policy in a new direction.
Energy consumed by households represents some 22% of the country's net use. Most household energy is obtained from fuel wood (65% of net energy), primarily in rural areas, with the remainder coming from coal (9%), illuminating paraffin (8%), and a small amount from liquid petroleum gas.
Rural households comprise the majority of poor homes and are characterised by severe poverty. In terms of basic energy services, their energy 'poverty' is exacerbated by the increasingly widespread scarcity of fuel-wood resources. Wood and paraffin are their main energy sources, with few having access to electricity.
Industry and mining are the most important subsectors in terms of energy consumption. These sectors mainly use electricity and coal as energy sources.
The balance comes largely from coke and blast-furnace gases and small amounts of heating oils.
The mining industry depends heavily on electricity. Mineral and metal processing uses large amounts of electricity and coal, mostly in large-scale mineral beneficiation processes. Base metals, the largest single industrial energy-consuming subsector, is also by far the most energy-intensive one.
The food sector shows a high total use and relatively high intensity, although, in terms of value added, its energy requirements are very modest in comparison with the basic mineral and metal industries. The chemical and paper and pulp industries also consume large amounts of energy at high intensities.
Liquid fuels such as petrol and diesel account for 92% of energy used for transport. Rail transport accounts for less than 5% of the total national electricity consumption. Petrol sales account for more than half of the total sales of local petroleum products.
The total volume of liquid fuels sold during 2002 in South Africa was 21 267 ML, in comparison with 20 934 ML sold in 2001.
The demand for petrol and diesel has remained relatively static over the last five years. The demand for jet fuel has, however, grown steadily since 1994 as a result of increased business and tourism activities.
Government has accepted a process of managed liberalisation for the liquid fuel industry.
The Petroleum Products Act, 1977 (Act 120 of 1977), will be amended to institute a licensing dispensation for participants in the liquid fuel industry.
A regulatory regime for the petroleum pipeline industry will be established.
South Africa's indigenous energy resource base is dominated by coal. Many of the deposits can be exploited at extremely favourable costs and, as a result, a large coalmining industry has developed.
The country ranks as the world's sixthlargest coal producer. In addition to the extensive use of coal in the domestic economy, large amounts are exported mainly through the Richards Bay Coal Terminal. South Africa is ranked the fourth-largest exporter of steam coal.
South Africa's coal comes from collieries ranging from among the largest in the world to small-scale producers with output in the range of between 5 000 and one million t per month. As a result of mergers and purchases, operating collieries were reduced to 55 in 2001. Of these, a relatively small number of large-scale producers supply coal primarily to the electricity and synthetic fuel producers.
About 54% of South African coal-mining is done underground and about 46% is produced by open-cast methods.
The coal-mining industry is highly concentrated, with three companies, Ingwe (Billiton), Anglo Coal and Sasol, accounting for 82% of saleable coal production. Production is concentrated in large mines, with 13 mines accounting for 74% of production.
South African coal for local electricity production is among the cheapest in the world. The beneficiation of coal, particularly for export, results in more than 60 megaton (Mt) of coal discards being produced annually.
Thirty per cent of raw coal mined for the export market, and between 15% and 25% of the raw coal mined for local demand (excluding power-station coal), is not marketable and therefore discarded.
Total discards on the surface could reach 2 300 Mt by the year 2020, should none of this material be utilised. As a result, the Department of Minerals and Energy is investigating ways to promote and encourage the economic use of the discards.
Nuclear science employs approximately 3 000 skilled people in diverse areas such as electricity generation, isotope production and nondestructive material studies for industry.
It positions South Africa at the forefront of medical applications of radioisotopes such as cancer diagnostics and therapy, and enables it to absorb and apply new nuclear technologies developed elsewhere in the world. It also gives South Africa the competitive advantage to play a leading role in Africa in the application of nuclear techniques in health, food, agriculture and environmental management.
South Africa has 34 nuclear medicine-imaging centres, of which 75% are privately owned. These centres together perform between 25 000 and 30 000 diagnostic procedures per annum. In addition, 30 oncology clinics and hospitals are equipped with teletherapy and accelerator equipment used in nuclear therapy to treat life-threatening diseases.
The South African nuclear industry is mainly governed by the Nuclear Energy Act, 1999 (Act 46 of 1999), and the National Nuclear Regulator (NNR) Act, 1999 (Act 47 of 1999). The legislation has established the South African Nuclear Energy Corporation Ltd (NECSA), previously called the Atomic Energy Corporation, responsible for nuclear technology, and the NNR, previously called the Council for Nuclear Safety.
Other relevant legislation that also play a regulatory role in the nuclear industry are the Hazardous Substances Act, 1993 (Act 131 of 1993), the Mine Health and Safety Act, 1996, the Minerals Act, 1989 (Act 30 of 1989), the National Environmental Management Act, 1998 (Act 107 of 1998), the Water Act, 1998 (Act 36 of 1998), and the Dumping at Sea Act, 1980 (Act 73 of 1980).
The Minister of Minerals and Energy is responsible for the governance of the nuclear industry and related matters. NECSA and the NNR report to the Minister. Apart from the Minister's authority over radioactive waste and irradicated nuclear fuel, the Minister also regulates matters pertaining to nuclear nonproliferation.
Nuclear energy policy was formulated as part of the White Paper on Energy Policy, 1998. In terms of this policy, government will investigate what long-term contribution nuclear power can make to the country's energy economy and, secondly, how the existing nuclear industrial infrastructure can be optimised.
In September 2003, the Deputy Minister of Minerals and Energy, Ms Susan Shabangu, released the Draft Radioactive Waste-Management Policy and Strategy for public comment. The purpose of the Draft Policy is to establish a comprehensive radioactive waste-governance framework, by formulating a policy and implementation strategy in consultation with all stakeholders.
international and national principles for the safe management of radioactive waste responsibilities of government, radioactive waste generators and regulators basic principles and evaluation/authorisation processes for radioactive wastemanagement plans management structures to service the radioactive waste-management obligations of the Minister of Minerals and Energy a national radioactive waste-classification scheme a long-term radioactive waste-management fund undertakings to investigate the best longterm option for spent-fuel management.
The NECSA was established as a public company in terms of the Nuclear Energy Act, 1999 and is wholly owned by the State. Apart from several ancillary functions, the main functions of NECSA are to undertake and promote research and development (R&D) in the fields of nuclear energy and radiation science and technology; to process source material, special nuclear material and restricted material; and to co-operate with persons in matters falling within these functions. Apart from its main operations at Pelindaba, west of Pretoria, NECSA also operates the Vaalputs radioactive waste-disposal facility in the Northern Cape.
NECSA is divided into six divisions, two of which are corporatised in structure and commercial in nature, two focusing on R&D and other non-commercial tasks, and two providing support services to the other four and to any other companies which now, or in the future, will operate from NECSA's Pelindaba complex.
The new structure contains two corporatised divisions to allow one to concentrate on nuclear business and the other on the group's high-tech non-nuclear business.
The former is called Nuclear Technology Products (NTP) and is responsible for the production and sale of radioisotopes and for radiation services. Radioisotopes, which are exported worldwide by NECSA, are essential for nuclear medicine and many industrial applications.
In September 2003, the Minister of Minerals and Energy announced that NTP had exported 86% of its sales of R131 million to 40 countries on five continents during 2002/03.
A chemical plant for the production of an advanced fluorine-based gas for use in the global semi-conductor industry has been established and commissioned on the Pelindaba site. The plant will generate in excess of R60 million per annum in foreign exchange over the next 10 years.
During 2003, NTP signed seven agreements involving product and business initiatives with the large Canadian multinational, MDS Nordion Inc.
NTP was the winner of the prestigious Technology Top 100 award in its category for 2002 and also received a special award from MTN for its role in successfully commercialising key domestic nuclear technology.
The non-nuclear commercial division will be corporatised as HTP Marketing and Manufacturing (Pty) Ltd. It focuses on commercial activities involving chemicals and gases - including fluorine beneficiation products and services.
The third of NECSA's divisions is called Nuclear Technology and houses the strategic core business functions of the group. It is here that R&D, training, skills transfer, as well as work that has relevance to the Pebble-Bed Modular Reactor (PBMR) project at Koeberg in the Western Cape, take place.
The fourth of the group's divisions is Nuclear Services. This is a non-commercial division that is geared to perform State obligatory tasks, including the management of nuclear licences, management of decontamination, decommissioning functions, the ownership of the Safari-1 Research Reactor, as well as all safeguard functions and work with related international agencies, such as the International Atomic Energy Agency (IAEA).
The last two divisions of NECSA are Corporate Services, which supports the management of the other divisions, and Facilities Management, which is the landlord of the Pelindaba complex.
NECSA employs some 1 400 people in such diverse areas as physics engineering, chemistry and electronics.
Safari-1 is the most commercialised such reactor in the world with ISO 9001 accreditation, and is earning South Africa millions of Rands' worth of foreign revenue.
NECSA develops and utilises nuclear technology as part of the National System of Innovation. The Corporation also serves the State's nuclear institutional obligations. Its growth strategy, Vision 2010, is aimed at contributing to national and regional socioeconomic development, in line with NEPAD.
In addition, NECSA is actively involved in training the healthcare sector in the safe and optimal use of nuclear material and technology. It also provides a 24-hour emergency service for nuclear-related accidents throughout Africa.
It (among other things) produces radioisotopes that are used to fight diseases and to accurately measure critical process parameters such as levels, mass, density and quality, and thus help keep the wheels of industry turning.
NECSA houses and operates the first gamma-irradiation facility in Africa. The facility, which was commissioned in 1971, is used to sterilise a range of products such as peat moss used as a growth medium in the seed industry.
NECSA is accredited by the IAEA as a regional designated centre, servicing the rest of Africa in radioactive waste management. The Corporation has been given the responsibility of developing a low-cost radioactive wastedisposal facility - known as the Borehole Nuclear Waste Disposal System - to be used for the disposal of radioactive waste from hospitals on the continent.
Annually, NECSA dispatches top nuclear scientists to help condition and store spent radium sources in countries such as Zimbabwe, Madagascar, Tunisia, Sudan and Mauritius. Other projects include dam-leakage detection and the auditing of radiotherapy and nuclear medicine facilities in countries that include Libya, Nigeria and Ethiopia.
Radiation techniques are benefiting farmers across the continent - its use in agriculture increases crop quality and improves cattle production, thus raising income potential.
Other projects undertaken by NECSA include helping authorities curb the growing illegal trade in elephant and rhino horns, by using radiation techniques to identify the origins of the ivory. The dating of archaeological artifacts is yet another example of the useful and peaceful application of nuclear technology.
Koeberg's two reactors have operated safely since their commissioning in 1984 and 1985 respectively. Koeberg supplies 1 800 megawatt to the national grid when both reactors are operating at full power, contributing approximately 6% of South Africa's electricity. Koeberg meets the full electricity demand of the Western Cape and was built mainly for economic reasons. It would be approximately 6% more costly to supply electricity to the Western Cape from the power-stations in the northern part of the country owing to losses during transmission.
With most of South Africa's electricitygenerating stations situated on the Highveld coalfields, Koeberg provides a necessary 'anchor' for the supply network.
The Nuclear Fuels Corporation is the uranium sales organisation in South Africa. In 1986, South Africa produced approximately 1 436 t of uranium at four production centres.
The NNR is the prime safety regulator and is responsible for the protection of persons, property and the environment against nuclear damage through the establishment of safety standards and regulatory practices. It exercises regulatory control related to safety over the siting, design, construction and operation of nuclear installations and other actions.
The Department of Environmental Affairs and Tourism announced in June 2003 that the environmental impact of the proposed PBMR at Koeberg, and the manufacturing and transportation of nuclear fuel to and from Pelindaba, was acceptable from an environmental impact point of view, subject to certain conditions.
One of these conditions was adherence by the Department of Minerals and Energy to finalise the Radioactive Waste-Management Policy and Strategy. This was achieved in September 2003.
Nuclear power has not been excluded as a possible energy-supply option for the future. However, energy policy requires that decisions to construct future nuclear power-stations will be taken within the context of an integrated energy-planning process, and will be subject to consultation with all stakeholders. This integrated energy-planning process has been initiated by the Department of Minerals and Energy.
Eskom has completed a feasibility study of the PBMR with the objective of establishing whether such technology could form part of Eskom's expansion planning, and what advantages/disadvantages it would have compared with other options.
South Africa consumed 21 267 ML of liquidfuel products in 2002. Thirty-six per cent of the demand is met by synthetic fuels (synfuels) produced locally, largely from coal and a small amount from natural gas. The rest is met by products refined locally from imported crude oil.
The petrol price in South Africa is linked to the price of petrol in United States (US) Dollars in certain international markets for petrol. This means that the domestic price is influenced by supply and demand for petroleum products in the international markets, combined with the Rand/Dollar exchange rate.
During 2002/03, there were various petrolprice increases as a result of increased prices for petroleum products in relevant international markets and the deterioration in the Rand/Dollar exchange rate. However, 2003 also saw some price cuts.
The National Petroleum, Gas and Oil Corporation of South Africa (PetroSA) was officially launched in Cape Town in October 2002.
The formation of the Corporation was the result of a merger between Mossgas, Soekor and other assets managed by the Strategic Fuel Fund.
The work on the merger began in 1998 with the adoption of the White Paper on Energy Policy.
As the national petroleum company in South Africa, PetroSA is responsible for the exploration and exploitation of oil and natural gas, as well as the production and marketing of synthetic fuels produced from offshore gas at the world's largest commercial gas-toliquids plant in Mossel Bay.
PetroSA's commitment to the safety and health of its workers led to the company winning the National Association of Clean Air Award for clean air and environmental care at its Mossel Bay refinery operation.
During the State of the Nation Address in February 2003, President Thabo Mbeki announced that with effect from April 2003, the Basic Fuel Price Formula would be phased in to replace the In Bond Landed Cost Pricing Mechanism.
It is expected that the new pricing mechanism will save fuel users more than R1 billion annually.
The Petroleum Products Amendment Bill was introduced in Parliament on 13 May 2003, and the Petroleum Pipeline Bill on 17 April 2003.
The Department of Minerals and Energy extablished a monitoring team in 2002 to evaluate the sustainability of Black Economic Empowerment (BEE) deals in liquid fuels and the validity of BEE groups.
The Sasol group of companies comprises diversified fuel, chemical and related manufacturing and marketing operations, complemented by interests in technology development, oil and gas exploration, and production.
Its principal feedstocks are obtained from coal, which the company converts into valueadded hydrocarbons through Fischer-Tropsch process technologies.
The company supplies 41% of South Africa's liquid fuel needs. It also provides 200 000 direct and indirect jobs, contributes R34 billion annually to South Africa's GDP, and produces 23% of the country's required coal.
Through Sasol Petroleum International and Sasol Synfuels International, the group also has interests in Mozambique, Congo, Equatorial Guinea, Gabon, Nigeria and Qatar.
Among its recent international developments is an agreement signed with the Mozambican Government for the development of natural gas fields in that country, and the construction of a pipeline to South Africa.
Sasol was named Global Coal Company of the Year for 2002 by the Platts-Business Week Global Energy Awards.
The project, a joint venture between Sasol and the Governments of South Africa and Mozambique, involves the construction of a pipeline running for 865 km from the natural gas fields of Pande and Temane in Mozambique to Secunda in South Africa.
The initial capacity of the pipeline is 120 million giga-joules per year, equivalent to 4 000 MW.
The first gas was expected to be delivered to Secunda by February 2004.
Sasol listed its American Depository Receipts on the New York Stock Exchange on 9 April 2003.
Sasol now operates in 23 countries on all continents, producing hundreds of fuel and chemical products for customers in more than 100 countries.
The Petroleum Agency of South Africa (PASA), the Department of Minerals and Energy's Agency responsible for the promotion of oil and gas exploration, has been successful in further encouraging international exploration companies to evaluate the country's oil and gas opportunities.
As a result of increased exploration activities, a better understanding of the potential for commercial oil and gas is being developed. PASA is following this up with a detailed possible resource study.
The EM gas-field complex off Mossel Bay started production in the third quarter of 2000, and will ensure sufficient feedstock to PetroSA to maintain current liquid-fuel production levels at 36 000 barrels (bbls) of petroleum products a day until 2009.
Parallel exploration is being carried out in various other sections of the Bredasdorp Basin off the coast of Mossel Bay in the Western Cape to find reserves for PetroSA beyond 2009.
PetroSA's gas-to-liquid plant supplies about 7% of South Africa's liquid-fuel needs. The products are supplied to oil companies that market them under their own brand names.
PetroSA also produces anhydrous alcohols and speciality fuels that are exported and earn the company more than R500 million per year.
PetroSA's new oilfield, Sable, situated about 150 km south off the coast of Mossel Bay, is expected to produce 17% of South Africa's oil needs.
The field, which came into operation in August 2003, was initially projected to produce 30 000 to 40 000 bbls of crude oil a day and 20 million to 25 million bbls in the next three years.
The net savings in foreign exchange to the country would be equivalent to PetroSA's bottom-line profit of between $10 million and $15 million a year.
PetroSA holds 60% working interest in Sable, while Dallas-based partner company Pioneer Natural Resources holds the remaining 40%.
PetroSA has offered 9% of its Sable interest for sale to a BEE group.
The import of refined products is restricted to special cases where local producers cannot meet demand. It is subject to State control with a view to promoting local refinery utilisation.
South Africa will host the 18th World Petroleum Congress in 2005.
The Congress, considered the world's biggest and most prestigious meeting in the oil industry, is expected to attract more than 20 Energy Ministers and 5 000 representatives from the oil, gas and related industries, governments, and academics from across the globe.
The South African International Oil and Gas Exhibition will run parallel with the 2005 Congress.
It promises to be the largest exhibition of its kind on the African continent, with some 4 000 exhibitors and 25 000 visitors expected.
Southern African Customs Union members' requirements are met.
More diesel than petrol is exported, owing to the balance of supply and demand of petrol and diesel relative to refinery configurations. Although petrol and diesel make up 55% of total liquid-fuel exports, South Africa is also the main supplier of all other liquid fuels to Botswana, Namibia, Lesotho and Swaziland.
In addition to coal gas and liquid petroleum gas, South Africa produced some 15 234 t of natural gas and 271 billion t of associated condensate in 2002.
The entire gas and condensate output is dedicated to PetroSA's liquid-fuel synthesis plant, and accounts for about 1,5% of total primary energy supply. Gas manufactured from coal accounts for 1,2% of net energy consumption, while liquid petroleum gas accounts for about 0,5%.
Natural and coal gas play separate roles in the energy system, with natural gas being used solely as a feedstock for production of synthetic fuels, and coal gas as an industrial and domestic fuel.
However, current development of regional gas fields will lead to natural gas becoming a more important fuel in South Africa.
South Africa's gas infrastructure stretches from Sasolburg in the northern Free State, through the industrial areas of Vereeniging, Johannesburg and the East Rand, and from Secunda to Witbank and Middelburg, to Newcastle, Richards Bay and Durban.
Through the Sasol Gas Division, Sasol Oil markets industrial pipeline gas produced by Sasol Synthetic Fuels and Sasol Chemical Industries to about 700 industrial customers. These customers are mostly in the greater Johannesburg-Pretoria region and the industrial areas of Witbank-Middelburg and Durban.
Its pipeline network consists of about 1 500 km of underground pipelines.
Most of the remaining 10% of gas sales in South Africa is on-selling of Sasol gas by Metro Gas in Johannesburg, which owns 1 300 km of distribution pipe, and supplies 12 000 domestic and 3 000 industrial customers.
The privatisation of Metro Gas was completed in 2000. It is now owned by Egoli Gas (Pty) Ltd, a joint venture company owned by Cinergy Global Power Inc. Egoli Gas intends to invest R276 million in Metro Gas.
Petronet owns and operates a gas pipeline, known as the Lily Line, which is approximately 600 km long and transports methane-rich gas from Sasol's Secunda plant as far as the Durban area. Easigas (Shell) has a small liquid petroleum gas/air pipe network in Port Elizabeth. A privately owned company in Port Elizabeth distributes a small amount of liquid petroleum gas/air blend by pipe.
Industrial customers use 87% of the gas, and domestic consumers the rest. The supply of cost-competitive pipeline gas is complemented by the fuel oils range of lowsulphur residual and distillate fuel oils derived from coal and other synthesised forms, as well as crude oil.
PASA markets offshore gas exploration and exploitation.
Sasol announced in February 2003 that it would invest R15 million as part of a project to help government set up 10 Integrated Energy Centres over the next three years, in an effort to make energy more accessible and affordable to the country's rural poor.
The project stems from the Integrated Sustainable Rural Development Strategy (ISRDS).
Energy products will be delivered directly to the Integrated Energy Centres that will become sole wholesalers and distributors.
Embalenhle in Mpumalanga, and QwaQwa in the Free State, have been identified as the first two sites. The other eight sites will be determined in line with the nodes identified in the ISRDS and will be set up in KwaZulu-Natal, the Eastern Cape, Free State, Northern Cape, Limpopo and Mpumalanga.
promote the orderly development of the piped-gas industry establish a national regulatory framework establish the National Gas Regulator as the custodian and enforcer of the national regulatory framework.
To facilitate the movement of gas across international borders, a cross-border gas trade agreement with Mozambique has been signed.
In 2000, the Cabinet approved the establishment of a national gas-development company, iGas, within the Central Energy Fund (CEF) Group. The task of this company is to enter into joint ventures for gas-transmission pipeline projects.
the Gas Regulator Levies Act, 2002 (Act 75 of 2002), was assented to by President Mbeki. The Act provides for the establishment of a gas regulator the Cabinet approved the rationalisation of the regulators of the gas, electricity and petroleum pipelines sectors into a single National Energy Regulator.
Plan, which also makes provision for gas. In August 2003, the Minister of Minerals and Energy launched the Ibhubezi Gas Field at Redisson, Seapoint, Cape Town.
The introduction of natural gas is in compliance with the White Paper on Energy Policy by diversifying primary energy supply. Natural gas has the least negative environmental impact of the fossil fuels.
Ibhubezi Gas Field is presently the only field discovered off the west coast of South Africa containing potentially commercial volumes of gas. This gas would be supplied to a gas-toelectricity project in the Western Cape and to the PetroSA's manufacturing plant in Mossel Bay. The volume of gas already discovered in the Ibhubesi Gas Field is too small to guarantee a production life of 20 years needed to match market demand.
South Africa, which supplies two-thirds of Africa's electricity, is one of the four cheapest electricity producers in the world. Ninety-two per cent of South African electricity is produced from coal. Generation is currently dominated by Eskom, the national wholly State-owned utility, which also owns and operates the national electricity grid. Eskom currently supplies more than 95% of South Africa's electricity.
In global terms, the utility is among the top seven in generating capacity, among the top nine in terms of sales, and has the world's biggest dry-cooling power-station.
Eskom was incorporated as a public company on 1 July 2002, as it is financed by net financial market liabilities and assets as well as reserves.
While Eskom does not currently have exclusive generation rights, it has a practical mono-poly on bulk electricity. It also operates the integrated national high-voltage transmission system and supplies electricity directly to large consumers such as mines, mineral beneficiators and other large industries. In addition, it supplies directly to commercial farmers and, through the Integrated National Electrification Programme (INEP), to a large number of residential consumers. It sells in bulk to muni-cipalities, which distribute to consumers within their boundaries.
During 2002, Eskom electrified 211 628 homes against government's target of 205 371 homes, thereby exceeding the target by 6 257 homes.
To meet government's developmental and social objectives, Eskom retains no less than 70% of the existing electricity-generating market sector.
That the introduction of private-sector participation in the generation sector be increased to 30% of the existing electricitygenerating market sector.
That the involvement of BEE within the generation sector be about 10% of the existing generation capacity by no later than 2003.
To ensure a meaningful participation of the private sector in electricity in the medium term, Eskom should not be allowed to invest in new generation capacity in the domestic market, other than in existing capacity.
To ensure non-discriminatory and open access to the transmission lines, and taking into consideration the financial stability of Eskom, government, in the medium term, establishes a separate State-owned transmission company that will be independent of generation and retail businesses, with a ring-fenced transmission-system and market-operation functions. Initially, this transmission company will be a subsidiary of Eskom Holdings and will be established as a separate State-owned company before any investments are made in current or new-generation capacity.
Over time, a multimarket model electricitymarket framework will ensure that transactions between electricity generators, traders and power purchasers take place on a variety of platforms, including bilateral deals, and future and day-ahead markets.
A regulatory framework is in place that will ensure the participation of independent power producers, and that diversified primary energy sources be developed within the electricity sector without hindrance.
The planning and development of transmission systems will be undertaken by the transmission company, subject to government policy guidelines.
Over time, and taking cognisance of the strategic objectives of the region, the Southern African Power Pool (SAPP) must develop into an independent system operator for the southern African regional grid system, so that public and private generating companies can participate in the Pool.
Adapting the role of the regulatory system, which will include the reform of the legal framework defining the role of the National Electricity Regulator (NER), the development of a new framework for licensing, the adaptation of price-setting, and the creation of the capacity to monitor the effectiveness of the reformed ESI and ensure security of supply.
consumers, ranging from very large and electricity-intensive to small labour a number of government departments. The normal State restructuring process needs to be modified at the entry level for EDI restructuring in such a manner that the ESI and the EDI restructuring process are interlinked.
The EDI Holdings Company will be responsible for the next phase, which is to move from the current fragmented EDI structure to the implementation of regional electricity distributors (REDs).
Endorsing the thrust of the revised EDI Restructuring Blueprint Report.
The number of six REDs as both the Government's policy direction and the endstate model for the restructured EDI.
The EDI restructuring implementation plan, especially the time frames, the establishment of the EDI Holdings Company and the transition, will ensure that Eskom and stronger municipalities support the weaker municipal distributors, and that RED 3 and RED 6 receive transitional financial support from the EDI Holdings Company. During 2003/04, the Company was expected to start transforming the EDI. Significant progress in the transformation of the supply industry was also expected to begin in 2003/04.
Ongoing consultations with stakeholders such as new municipalities, the NER, Eskom, organised labour, customers, and provincial and local governments.
The Minister of Provincial and Local Government will convene a meeting of relevant Ministers to deal with the issue of debt owed by local authorities to Eskom.
By May 2003, the industry was worth R30 billion and employed more than 30 000 personnel. The work on demarcating the six new REDS has been completed. The REDS will own the distribution business of Eskom and municipalities.
Established in 1995, the NER is a statutory body funded from a small levy imposed on electricity generators.
Legislation requires anybody wishing to generate, transmit or supply electricity to apply to the NER for a licence. This is issued on the basis of criteria which aim to promote and maintain a viable ESI. During 2002, the NER approved a general price increase of 8,439%.
Continued to play a key role as a member of government's Electricity Distribution Industry Restructuring Committee (EDIRC). It also provided advice to government on the 'managed liberalisation' of the generation and transmission sectors, as part of the lead-up to a competitive market structure.
EDI working groups (led by the Department of Minerals and Energy).
Facilitated a process to ensure that the National Integrated Resource Plan (IRP) is published annually. The first National IRP for 2001/02 was published in December 2002.
Regulated price increases applied for by licencees (including Eskom), resulting in customers enjoying considerable savings as a result of lower-than-applied-for electricity price increases.
Managed the process to ensure that the Wholesale Electricity Pricing System (WEPS) is ready for implementation. In addition, the WEPS tariffs modelling and simulation were tested and confirmed. WEPS is intended to regulate the wholesale price of electricity in South Africa when REDs are introduced.
Broadened the Independent Power Producer (IPP) policy and licensing framework to include renewable IPPs and demonstration plants.
Implemented the NER Power Quality Directive, resolved disputes between suppliers and customers, and dealt with customer complaints so that customers could have recourse at no or little cost.
Developed the Draft Energy Efficiency Policy.
Developed the Transmission Grid Code in consultation with industry stakeholders. These stakeholders represent entities that are foreseen to become Grid Code participants. The Grid Code Advisory Committee was established to advise the NER Board on matters relating to the drafting and amendment of the Grid Code.
approved the first non-grid licences for concessionaires to implement non-grid electrification projects.
Furthermore, the NER was elected deputy chairperson of the South African Regulator's Forum, which was launched in March 2002.
The NER was also elected the first chairperson of the formalised African Forum for Utility Regulators (AFUR). The NER was also the founding member of the Regional Electricity Regulators' Association (RERA) and the South African Utility Regulators' Association (SAURA), which were launched in September and October 2002 respectively. The NER is the chairperson of SAURA and a chairperson of one of RERA's portfolio commitees.
The main purpose of RERA is to provide a platform for co-operation between independent electricity regulators within the Southern African Development Community (SADC) region.
the need to co-operate in and promote the development of regulatory capacity-building in the region the increasing interconnections of the electricity systems between SADC countries, and the continuous increase in regional electricity trade, driven by the benefits of economies of scale and shared resources that the successful integration of electricity systems requires clear frameworks to facilitate the development of harmonised market structures, system operations and institutional arrangements the need to harmonise regional policies and strategies to promote infrastructure investment in the ESI across the region.
The INEP remains the flagship of the Department of Minerals and Energy.
The EDI initiated and initially funded the Programme in the early 1990s. Between 1994 and 2003, a total of 3,8 million households were connected to the extended national electricity grid. According to Census 2001, the percentage of households using electricity has increased from 57,6% to 69,7%.
The Department of Minerals and Energy has taken over direct control of the INEP, with electrification funds flowing through the Department since 2001/02 instead of being funded by the ESI (mainly Eskom).
During 2002/03, a further 24 776 households, 974 schools and nine clinics were gridelectrified at a cost of R950 million. With more emphasis placed on integration with other infrastructures and service-providers, this pace will continue until universal access is reached, which is targeted for 2012.
To reach the more remote and sparsely populated rural areas where grid extension becomes expensive, a non-grid electrification programme using photovoltaic-based solar home systems was launched, involving privatesector service-providers. During 2002/03, a basic electricity service was provided to 6 300 rural households.
President Mbeki announced in the State of the Nation Address in 2003, that poor households, in areas connected to the grid, would receive up to 50 kilowatt (kW) of free basic electricity. In non-grid areas, such households are provided with a subsidy of up to 80% of the market cost to provide them with access to electricity.
As part of government's commitment to delivering basic services, the Department is helping to put in place mechanisms to ensure the supply of free electricity to poor households. The funds for this will flow through the equitable share of local government from 2003/04. Total extra funding for free basic electricity in the next Medium Term Expenditure Framework period is R1,4 billion. This should ensure the delivery of about 50 kW hours free each month to poor households.
Government aimed to establish 275 000 grids and 13 900 non-grid household connections, and provide 1 349 schools and clinics with electricity by March 2004.
In recent years, much attention has focused on developing a project-implementation plan of a mini-grid for the Hluleka Nature Reserve in the Eastern Cape. The main role-players are the NER, CSIR, Shell, the Department of Minerals and Energy, and the Eastern Cape Provincial Government. An integrated approach resulted in a design consisting of an energy system, a water-purification system and a telecommunications system. The energy system will make use of renewable energy, solar water-heaters and liquid petroleum gas.
Additionally, two villages adjacent to Hluleka Nature Reserve have been identified as sites for pilot mini-grid hybrid systems. Emphasis has been placed on the linking of these minigrids to new economic activities in collaboration with the Agricultural Research Council. High-value crops have been planted in a number of demonstration plants in co-operation with entrepreneurial farmers. The plan is to evaluate the mini-grid systems with a view to exporting the value-added crops out of the region, thus generating income.
After starting with the identified sites next to Hluleka Nature Reserve, additional sites for mini-grid hybrid systems will be attended to in the Eastern Cape, KwaZulu-Natal and Limpopo.
An integrated framework for a national strategy to roll out hybrid mini-grids will be developed as part of the analysis of the pilot study.
The Minister of Minerals and Energy participated in the opening of the SAPP in Zimbabwe in November 2002. It is the first formal international power pool in Africa.
co-ordinate and co-operate in the planning and operation of electricity power systems to minimise costs, while maintaining reliability, autonomy and self-sufficiency increase interconnectivity between SADC countries to increase the reliability of power supplies facilitate cross-border electricity trading fully recover costs of operations, and equitably share benefits, including reductions in generating capacity and fuel costs, and improved use of hydro-electric energy.
Member countries include Angola, Botswana, Lesotho, Malawi, Mozambique, Namibia, Swaziland, Tanzania, Zambia, Zimbabwe and the Democratic Republic of the Congo.
Fuel wood, which comes mainly from natural woodlands, is the primary source of energy used by households in most rural areas for the purposes of cooking and heating. In some areas, this is already almost completely depleted and in others it is under heavy pressure.
The total annual sustainable supply of wood from natural woodlands in communal rural areas is estimated at about 12 Mt. However, probably no more than half of it is usable as fuel wood. In addition to these sources, residues from commercial forestry total about 4,2 Mt per year. Much of this, as well as wood from bush clearing on commercial farmland, is increasingly being used as fuel.
To be effective, planning for a sustainable fuel-wood supply requires decentralisation, understanding of local conditions and flexibility.
Supply-side interventions focus on satisfying a range of local needs and the realisation that community forestry does not involve only the planting of trees, but community participation, which is central to all activities.
Planning must ensure their integration into broader rural development, land use, natural resource management, and agricultural and energy planning. Interventions should build on the best indigenous practices identified. (See Chapter 23: Water affairs and forestry.
Renewable energy sources, other than biomass, have not yet been exploited to the full in South Africa. There are a number of initiatives to expand their use.
The Draft White Paper on the Promotion of Renewable Energy and Clean Energy Development was released in August 2002.
financial instruments to promote the implementation of sustainable renewable energy through the establishment of appropriate financial instruments legal instruments to develop, implement, maintain and continuously improve an effective legislative system to promote the implementation of renewable energy technology development to promote, enhance and develop technologies for the implementation of sustainable renewable energy building capacity and education to develop mechanisms to raise awareness of the benefits and opportunities renewable energy offers.
Technological feasibility studies will be conducted for possible implementation in the medium to longer term.
grid-connected wind farms wind farm/pumped storage as a means of addressing peak loads on the national electricity grid the local production and commercial dissemination of solar cookers which is a collaborative project between the German development agency GTZ and the Department of Minerals and Energy solar thermal power generation - which is a collaborative programme with Eskom, also involving the SolarPACES programme of the International Energy Agency small-scale hydropower - a scoping study aimed at developing an implementation strategy landfill gas exploitation rural water supply and sanitation. The Minister of Minerals and Energy announced in September 2003 that the Department's Renewable Energy Strategy and Implementation Plan would be approved and implemented within a year with assistance from the World Bank and the Prototype Carbon Fund.
The aim is to consume an additional 10 000 GWh of renewable energy by 2013, which will be achieved through renewable energy power-generation and other sources such as biodiesel, solar-water heating, etc. The Energy SETA is expected to develop renewable energy technology (including biodiesel) and education and training unit standards with the help of the Department of Minerals and Energy.
The CEF is expected to install some 250 domestic solar water-heaters as part of the CEF/GEF (Global Environment Facility) Solar Water-Heating Programme, aimed at the commercialisation of domestic solar waterheating.
Most areas in South Africa average more than 2 500 hours of sunshine per year, and average daily solar-radiation levels range between 4,5 and 6,5 kWh/m2 in one day.
The southern African region, and in fact the whole of Africa, is well endowed with sunshine all year round. The annual 24-hour global solar radiation average is about 220 W/m2 for South Africa, compared to about 150 W/m2 for parts of the USA, and about 100 W/m2 for Europe and the United Kingdom, making the local resource one of the highest in the world. The solar resource is by far the most readily accessible in South Africa. It lends itself to a number of potential uses.
The country's solar-equipment industry is developing. Annual photovoltaic panel-assembly capacity totals 5 MW, and a number of companies in South Africa manufacture solar water-heaters.
The White Paper on Energy Policy identifies universal access to electricity as one of the primary goals of South Africa's energy policy.
To achieve this goal, it was decided to integrate non-grid technologies into the INEP as complementary supply-technologies to grid extension.
A pilot programme has been launched to establish a limited number of publicprivate sector institutions in conjunction with the relevant municipalities to provide electricity services on an integrated basis. The service-provider will own and maintain the systems, allowing longer-term financing to ameliorate monthly payments. It will provide the service against a fee, payable as a monthly tariff.
Once the underlying managerial and funding issues have been resolved, the process will be expanded to cover all the rural areas.
Solar power is increasingly being used for water-pumping through the rural water provision and sanitation programme of the Department of Water Affairs and Forestry.
Solar water-heating is used to a certain extent. Current capacity installed includes domestic 330 000 m2 and swimming pools 327 000 m2 (middle to high income), commerce and industry 45 000 m2 and agriculture 4 000 m2.
In 2002/03, some 5 300 solar home systems were installed by the Department of Minerals and Energy, representing a 3% increase from 2001/02.
Houses and buildings in South Africa are seldom designed from an energy consumption or energy-efficiency perspective. The energy characteristics of low-cost housing are particularly bad, resulting in high levels of energy consumption for space heating in winter. The net result is dangerously high levels of indoor and outdoor air pollution in the townships, due mainly to coal burning.
Research has shown that low-cost housing could be rendered 'energy smart' through the utilisation of elementary 'solar passive building design' practice. This can result in fuel savings of as much as 65%. Such savings on energy expenditure will have a major beneficial impact on the household cash-flow situation. Energy-efficient homes may be constructed at the same direct cost (and lower life-cycle cost) as energy-wasteful houses. The challenge is to develop awareness and to ensure implementation of basic energy-efficiency principles.
Water-heating accounts for a third to half of the energy consumption in the average household. In South Africa, this derives mainly from electricity, it being the most common energy-carrier employed. Avoidance of this expenditure on household budgets could lead to significant improvements in the disposable incomes of the lower-income sector.
Furthermore, the equivalent of a large coal-fired power-station (2 000 MW+) is employed to provide hot water on tap to the domestic sector alone. Since the inception of the accelerated domestic electrification programme through grid extension, a major distortion of the national load curve has emerged, with the early evening load peak growing significantly.
Modelling indicates that the introduction of solar water-heating can ameliorate the situation substantially.
Switching from electrical to solar waterheating can, therefore, have significant economic and environmental benefits.
There are economic benefits for homeowners in reducing their energy bills. Expensive generation capacity to address load peaks will be obviated, and the introduction of new base-load capacity will be postponed. Benefits for the country include reducing greenhouse gas (GHG) emissions, and the release of scarce capital for other pressing needs.
Wind as an energy source is only practical in strong and steady wind areas. South Africa has fair wind potential, especially along the coastal areas. At present, however, wind is not used to generate electricity in this country. For the future it presents itself as a competitive energy source.
Wind power is primarily used for waterpumping, with about 300 000 windmills being used for watering livestock and supplying communities with water.
The first wind-energy farm in Africa was opened at Klipheuwel in the Western Cape on 21 February 2003.
The experimental wind farm, property of Eskom, will explore the use of wind energy for bulk electricity-generation.
Wind energy is environmentally friendly and helps reduce global warming and GHGs.
A further useful aspect of the experimental farm is the ability to update the wind atlas of South Africa that will be used for, among others, identifying other suitable areas for wind-power facilities.
The first turbine was commissioned in August 2002, the second in December 2002, and the third was commissioned at the launch in February 2003.
South Africa has limited potential for largescale hydroelectric power owing to its limited water resources. Although the country's total hydro potential is estimated at 3 500 MW, the economically feasible potential is much lower.
The current total installed large-scale hydropower generation-capacity (larger than 10 MW), is 2 061 MW. The installed capacity of plants smaller than 10 MW totals some 65 MW.
River flows in South Africa are not constant, varying between floods and very low flows. For this reason, the running of river schemes is generally not a feasible option. Relatively large and expensive storage dams are normally required, even for small hydro-stations.
South Africa has two conventional hydroelectric power-stations and two pumped storage schemes. Pumped storage-generation involves the construction of two adjacent reservoirs, or dams, one at a significantly higher elevation than the other. During periods of low demand on the Eskom grid, normally at night and over weekends, excess energy is used to pump water from the lower reservoir to the higher reservoir via underground tunnels. During peak demand periods, such as early mornings and evenings, the process is reversed. The stored water is allowed to flow back via the tunnels to the lower reservoir through hydraulic turbines, driving generators. Apart from a small quantity of water lost to evaporation, pumped storage schemes, like conventional hydro-stations, do not consume water. Once one of the reservoirs is filled, the same active volume is used over and over again.
On a global scale, South Africa's contribution to GHG emissions is small. On a per-capita basis, however, it is well above global averages and that of other middle-income developing countries.
Furthermore, the economy is carbonintensive, producing only US$259 per ton of carbon dioxide emitted, as compared with US$1 131 for South Korea, US$484 for Mexico and US$418 for Brazil.
The energy sector is a major source of GHG because of the heavy reliance on coal for electricity generation, the Sasol oil-from-coal process, and a dearth of other indigenous energy resources, such as hydro and wind energy. In addition, 57% of the coal-mining methane emissions can be attributed to these two uses of coal.
There is some contention regarding the polluting effects of the energy sector, particularly in the Mpumalanga Highveld - the location of most of Eskom's coal-powered stations and the largest Sasol plants.
As is the case internationally, there is ongoing debate about the desirability of nuclear energy.
Coal is used by about 950 000 households countrywide. This brings with it indoor airpollution problems, which have a serious health impact. It has been found that some people's exposure, especially to particulate matter, can exceed World Health Organisation (WHO) standards (180 mg.m-3) by factors of six to seven during winter, and two to three in summer. A national programme has been established, with the objective of introducing low-smoke alternatives into the townships.
Fuel wood is used by three million rural households as their primary energy source. Studies have shown that fuel-wood users are exposed to even higher levels of particulate emissions than coal users. In one study, exposure levels were found to exceed the WHO lowest-observed-effect level by 26 times. The Department participates in a National Housing Interdepartmental Task Team and has contributed towards the development of norms and standards for solar-passive and thermallyefficient housing design.
The Department is investigating the introduction of improved woodstoves and other alternatives, such as solar cookers and biogas, in an attempt to address these pollution problems.
More widespread is the use of paraffin by low-income households, rural as well as urban. Paraffin has, however, associated health and safety problems. The distribution of child-proof caps and the dissemination of information on the safe storage and use of paraffin are some of the measures being taken by the Department and other role-players to address the problem.
Apart from the Department of Minerals and Energy, the Departments of Health, Environmental Affairs and Tourism, and Water Affairs and Forestry, are involved to greater or lesser degrees in the monitoring of and legislation on pollution.
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When I was a young child in rural Lesotho, my elders often warned me to be careful of barking dogs. This was not, as you might expect, because barking dogs could become dangerous, could attack or even savage children in the fields and villages. It was because of the importance of interpreting what the barking of dogs signified.
This explanation was usually accompanied by a story. Dogs in the fields often slept among the haystacks to keep warm. When they barked, some villagers immediately assumed that there were thieves in their midst, attempting to steal cattle. Others assumed the dogs were barking at cattle moving between the haystacks.
A third group suspected that the dogs were barking because their warm environment was threatened by some intrusion - cattle or people or even other dogs.
What does this have to do with statistics The bark of a dog is an indicator. It stands for some event or occurrence that cannot be immediately established with certainty - perhaps the arrival of cattle rustlers, or maybe a threat to the warmth of the protective haystack?
Statistics also make use of indicators. The best-known are regular short-term indicators of economic change and performance: the monthly consumer price index, for example, which provides various indicators of consumer inflation (headline or official inflation, inflation excluding mortgage costs, food inflation, inflation in the rural areas); or the monthly suite of indicators for trade in the wholesale, retail and motor sectors; or indicators of monthly production and sales in the mining and manufacturing sectors.
Typically, these indicators are derived from a single data set. Longer-term indicators are often constructed from a number of data sources. These may be based on a time series for the same data area, as with agricultural production by year over five years, or changes in access to piped water in each fiveyear period between 1991 and 2001.
Alternatively, the indicator can be derived from integration of a number of different data sources. The best-known example is quarterly and annual estimation of changes in gross domestic product (GDP), which relies on a wide range of social and economic statistics. These include Statistics SA's monthly surveys on mining, manufacturing, electricity, motor vehicle sales, and retail and wholesale trade sales. Other sources, such as the economic activity survey, the quarterly financial statistics, government accounts and building statistics, are integrated to construct the central indicator of economic growth - GDP.
The construction of indicators of a more social or developmental nature involves particularly complex and contested statistical methodologies. These aim to measure progress and development in the living conditions of individuals, households, social groups and countries.
Poverty measurement is especially important, given the commitment of programmes such as the millennium development goals and South Africa's programme of action to set measurable and attainable targets in reducing poverty. However, the very measurement of poverty is controversial. It is often quantified in relation to the income and expenditure of an individual, household or group of people.
Other approaches to poverty measurement take into account the "social wage", which can include state provision of subsidies and services at reduced or no cost. The approach to poverty measurement inevitably influences the way poverty indicators are constructed.
The development of statistical indicators is not confined to separate countries. The "internationalisation" of statistical practice increasingly allows for comparisons between countries. This is a central element in the monitoring of social and economic progress across the globe.
There are a range of other transnational indicators, which aim to compare and rank countries according to different criteria. One of the most prominent is the UN Development Programme's annual human development index (HDI).
Development Report for 2006, which was released last week. This report, which has been published every year since 1990, presents indicators of human development that go beyond the material wellbeing measured through GDP.
According to the report, the HDI "provides a composite measure of three dimensions of human development: living a long and healthy life (measured by life expectancy), being educated (measured by adult literacy and enrolment at the primary, secondary and tertiary level) and having a decent standard of living (measured by purchasing power parity income)".
Indicators used - life expectancy, education and income for the HDI - involve a choice by those constructing any index. They alert us that something is happening in the areas measured by the indicators chosen. But as with barking dogs, others factors have to be applied to establish what it is that is happening. These include the introduction of context (Where are the dogs Are the cattle moving around Is it cold); additional information (Have there been thieves in the fields recently); and interpretation (Does the barking sound similar to previous incidents of attempted theft, or more like the time when a neighbour's dog tried to get into the hay?
The UN report is quick to acknowledge that the HDI is not a comprehensive measure of human development and excludes many important indicators. In this sense, it shows considerable sensitivity to the lesson of the barking dogs.
Pali Lehohla is South Africa's statistician-general and head of Statistics South Africa. For more information on Stats SA products and services, visit www.statssa.gov.
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Government is releasing today the outcome of research in the form of a discussion document reviewing the impact of its policies as we approach the end of the first decade of freedom.
The study was prompted by a need to measure progress in confronting the key challenges government faced in 1994.
"Towards a Ten Year Review" is based on comprehensive research conducted within and outside government.
The production of the report, conducted by the Policy Co-ordination and Advisory Services (PCAS) unit in The Presidency was overseen by a steering group of Ministers and received inputs from individual departments. The project outputs were reviewed by the Directors-General clusters.
Government hopes that through this discussion document, it will encourage other sectors of society, in sport, arts and culture, academe, the professional spheres, trade unions and the private sector to develop assessments of their own sectors. It is also hoped that these sectors will engage in public discussion around "Towards a Ten Year Review".
Together these different reviews and the public discussion will help the nation assess itself in our First Decade of Freedom.
For further information, contact Teboho Montse on 082 777 8752 or Nikhil Bramdaw on 083 777 6827.
This site is best viewed using 800 x 600 resolution with Internet Explorer 4.0, Netscape Communicator 4.
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Inadequate measurement of the agricultural sector has led to a lack of reliable data for many years.
Yet commercial agriculture is a primary industry. Its output is used in the compilation of the national accounts, including gross domestic product (GDP) and gross fixed-capital formation.
Agricultural statistics are used to analyse and compare the sector's performance against other sectors. And salaries and wages paid on farms, employment trends, farming debt and productivity are often subjects of controversy and political debate.
Yet the last full census of the sector was held in 1993, and excluded the so-called homelands.
This was the context in which the department of agriculture commissioned Statistics SA to undertake a census of commercial agriculture as the first step in moving towards a comprehensive knowledge base of what takes place in the agricultural sector.
This census covered commercial farmers whose farms were registered for VAT, regardless of turnover.
The census took place in 2002. Details relating to the area and value of the farming unit, the number of people involved in farming activities and farming debt were collected as at February 28 2002.
Data on land utilisation, income and expenditure refer to any financial year ending between March 1 2001 and February 28 2002.
The production of milk, wool, pelts, fur, eggs and honey for commercial purposes.
Forestry, ocean fishing and agricultural services were not included in the census. Data on agricultural smallholdings such as nurseries, vegetable gardens, flower farms and dairy farms were included only where the products were intended for sale.
The data was collected on the basis of farming units operated as a single unit and situated within the same province.
Yesterday Stats SA released some of the findings of the census, where possible presenting a comparison with the findings of the 1993 census at both national and provincial level.
According to the results of the census, there were 45 818 active commercial farming units in South Africa in 2002. This is a decrease of 12 162 farming units since the 1993 census.
The contribution of commercial agriculture to GDP dropped from 4.2 percent to 3.4 percent between 1993 and 2002, a fall of 19 percent. The number of paid employees decreased by 13.9 percent to 940 815, but the salary and wages bill increased by 7.5 percent to R6.2 billion.
Although there were fewer farming units in 2002, the gross farming income generated rose to R53 billion from R39 billion at constant 2002 prices. Over R21 billion was generated from farming in animals and animal products.
Farming debt amounted to R31 billion in 2002, compared with R32 billion in 1993. Western Cape was responsible for 23.7 percent of the farming debt, followed by Free State (16.9 percent) and Northern Cape (11.2 percent), while Gauteng had the lowest proportion of debt (3.4 percent).
With the release of information from the 2002 census of agriculture, a long drought in reliable statistics on commercial agriculture has finally broken.
n Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, visit www.statssa.gov.za, or contact user services on (012) 310 8600.
<fn>GOV-ZA.16thnationalcongressofthesouthafricanstutscongressEn.2012-02-10.en.txt</fn>
Thank you for the invitation to address your national congress. As the largest student formation, we will use this opportunity to give you a report on the work of the Department of Higher Education and Training since its establishment seven months ago and our plans for 2010 and beyond.
This 16 th Congress takes place at an exciting time in the education and training sector with extensive and far-reaching changes underway to improve the provision of post-school opportunities for especially the youth but also adults. As an organisation at the coalface in the higher education system, you are patently aware of the challenges we face and the obstacles which inhibit young people from acquiring the theoretical knowledge and skills to participate meaningfully in the economy as well as for their personal development.
Nevertheless we are embarking on this journey of building an integrated education and training system in the context of the worst global capitalist crisis since the 1930s. It is a crisis that threatens to roll back some of our plans for educational transformation and addressing the needs of the overwhelming majority of our people. But as government, we have committed to maintain spending on our key programmes, especially investment into infrastructure and not to reduce funding for our five key priorities. However this requires vigilance and struggle on the part of all progressive forces to ensure that we mitigate the impact of this crisis.
Our government and my department in particular are determined to identify and overcome the challenges and obstacles. We need to admit our failures and shortcomings and change what has gone wrong in the higher education and training system.
Comrades, you would be aware that we recently took responsibility for government's entire skills development component from the Department of Labour, including transfer of FET colleges from a provincial to a national competence. We are now in a good position to create a coherent but diverse and differentiated post school education and training system. The reconfiguration of the education and training sector in government means we are now better able to meet the aspirations of youth and adults and to ensure that education, training and skills development initiatives respond adequately to our social and economic needs.
This vision must be anchored within the framework of the Human Resource Development Strategy for South Africa which was adopted last year and is being reviewed in line with the priorities of our new government. The HRD-SA is led by our Deputy President, Cde Kgalema Motlanthe and the Department of Higher Education and Training is responsible for its administration.
During 2010, we will work with stakeholders, including student organisations, to develop a policy framework which will be responsive to identified challenges and our collective aspirations, including transformation imperatives.
One of the key challenges facing our democracy is that of addressing the deeply interrelated contradictions of class, race and gender. In these contradictions, we are not simply dealing with a past legacy but they are being daily reproduced as a result of, among others, a skewed education and training system. However we must realise that education and training is both a reflection of these contradictions and at the same time a key terrain upon which to confront them.
In this context comrades, it is important that SASCO asserts its role and influence to better represent the needs of your constituency. In order to do this effectively, it is essential that while operating at the level of formal institutions such as universities and colleges, you understand the entire landscape of the education and training sector.
SASCO has already affirmed itself as an important player in the sector, championing not only student rights and interests but also representing the voice of the progressive youth movement in higher education. We are proud that SASCO continues to maintain its status of a majority student organisation in most universities, and that membership has also been extended to FET Colleges, with mobilisation in some private colleges and institutions.
As this sector develops and grows in line with our strategic goals, it would be to SASCO's benefit to adapt and keep in step with the changing environment. For example, we have already set a target to expand the college sector and increase student enrolment at FET colleges to at least 1million by 2014.
I therefore urge you to expand your reach in FET colleges and assist students there to cope, progress and succeed. We also need you to assist us in promoting FETs as colleges of choice rather than how they are now viewed as consolation prizes when university entrance is declined. In my view comrades, SASCO also needs to get more actively involved in the process to secure work opportunities and placements for students. In this regard, we all have the task of examining the role and effectiveness of the SETAs, as well as leveraging business to step up to the plate in terms of our training requirements. Priority should be given to placement of students from universities of technology and FETs who require workplace experience as part of their curriculum.
In the past few months, I have held numerous meetings with professional organisations, such as the South African Institute of Chartered Accountants, to improve the access of particularly black students to skills and professions which are still a scarcity. I intend to continue these engagements with other professional organisations, including those in the financial and engineering sectors to increase the intake of black students in workplace training and placements towards their qualification.
With regard to the SETAs, you may be aware that I have postponed the relicensing of the 23 authorities for a year. It is my intention that this next year be spent focusing on certain priorities such as improved work placement for university of technology and FET college students. I urge SASCO to play an active role in this process and to continue to provide perspectives and ideas on the training and skills development needs of young people. The changed education and training landscape calls for SASCO to cast its net wider while organisationally rooted in formal education institutions.
Chairperson, let me turn to an issue which I know is of particular concern to SASCO - financial assistance for poor students and progress towards achieving the commitment of the ANC Manifesto that no poor but capable young person is excluded from post-school education opportunities. This is also central to the strategic mission of my department to improve access and success, particularly among black students, in the higher education system.
You would all be aware of the Ministerial Committee reviewing the efficacy of the National Student Financial Aid Scheme (NSFAS). I instituted this evaluation shortly after my appointment because it is generally recognized that the scheme has acute shortcomings in providing adequate support for needy students. As a result of these shortcomings, poor students and their parents have to resort to undesirable options such as mashonisas to finance their studies. This practice perpetuates a cycle of debt in thousands of poor households around the country and needs to come to an end.
Deficiencies in the scheme currently also propagates high drop out rates as financial aid often excludes essentials such as food. Comrades, it is imperative that poor students should not be denied the opportunity to quality higher education. This is a commitment that the ruling party made to the country and I assure you this is at the top of the agenda of my department. I want to thank the leadership of SASCO for engaging the committee and participating in this important review process.
I am happy to announce that the ministerial committee is scheduled to hand over its report to me by the end of the year. In terms of the scope of the committee's work, I expect that the report would contain proposals which may significantly change the nature and functioning of the scheme. This should include a review of the means test, the repayment process and a more equitable formula for financial support of students.
In the final analysis, the revamped NSFAS must give effect to Government's commitment to progressively introduce free education for the poor up to undergraduate level. The report will be released for public comment in a few weeks and I urge SASCO to engage on the findings. We look forward to your response to the report.
Comrades, improving success and throughput rates also involves a host of other measures. This includes developing and expanding academic support, as well as enhancing the quality of teaching at colleges and universities. In this regard, beginning next year, we will be embarking on a process of institutional audits of all FET colleges. This is aimed at establishing the strengths and weaknesses of each FET college and turning them into prime centres for vocational skills.
We are already aware of some of the difficulties students experience at FET colleges including the absence of financial aid offices at the institutions which creates problems during registration. There is also limited information available about the programmes offered at colleges and there have been complaints about the standard of services as compared to universities.
The department has already invested R1.9billion to improve the system and quality of programmes offered at FET colleges. As we take the skills development sector on board, we intend to consolidate the FET system through strengthening its partnership with the SETAs and other training providers.
Comrades, an issue which is a top priority for this congress and for my Ministry is that of transformation in higher education. Our university communities are microcosms of racial and gender interaction in our broader society and therefore it is of deep concern how prevalent various forms of discrimination are in higher education, as reflected in the Soudien report.
I have written to all the university councils asking them to respond to the findings of the Soudien report and advise what process each institution is undertaking to deal with racism and other forms of discrimination. Early next year, we will convene the first ever higher education stakeholder summit to tackle the issue of transformation head on. I am aware that SASCO has strong views on this issue, with your members being subjected to discrimination of various forms on a daily basis. I therefore invite you to participate in this summit where we will deal with various issues including curriculum transformation, governance, funding and the state of institutional forums.
My department has actually undertaken an investigation into the state of the institutional forums and found that with a few exceptions, institutional forums are in a sorry state and largely dysfunctional. This is a matter which requires priority attention because institutional forums are essential in the life and transformation of our higher education institutions.
On of the proposals of the Soudien report -which I have accepted -is that of establishing a ministerial oversight committee on transformation. I intend establishing this committee at the beginning of next year and will ask it to submit its proposed terms of reference and scope of work at the higher education summit. At the end of the term of this government, it is my intention that significant progress is made towards the eradication of all forms of discrimination and inequalities in the higher education system.
I also intend that the summit will emerge with clear directives on processes to eliminate discrimination, complaint mechanisms and institutional monitoring mechanisms. While we respect and uphold the autonomy of institutions, we need to strike the right balance of public accountability, particularly relating to our constitutional and transformational imperatives.
Something which in my view is perpetuating apartheid-type inequalities in higher education is the current funding formula; despite the many significant advances made in the past 15 years. The means by which institutions are allocated funding is fundamentally flawed as it maintains privilege in some institutions and keeps others perpetually disadvantaged. I therefore intend to appoint a departmental task team next year to review this funding formula which has been in operation for six years.
It is not surprising that the official opposition is already protesting at the first indication that we intend reviewing the funding formula. Led by their Higher Education spokesperson Dr Wilmot James, the DA concocts scarecrows about the lowering of standards every time I mention transformation in higher education. Let me state clearly that the issue of transformation is not up for debate and a transformed higher education system is nonnegotiable. The DA's agenda is transparent, parading as champions of excellence when all they are doing is trying to maintain and defend islands of privilege. The problem with the DA is that they have equated transformation and upliftment of the black majority to lowering of standards.
Comrades, in a few weeks we begin the 2010 academic registration process which we will be monitoring closely to avert any possible disruptions.
9.6 % and an average residence fee increase of 9.3 %.
I have had an initial engagement with HESA on the student intake for next year and one of my concerns is unfunded students -though these have reduced over the years. We have a situation where some universities, particularly the previously disadvantaged institutions, take in more students than they plan for, due to high demand, while others take less than what they receive funding for. We therefore need to achieve proper alignment in order to stabilize the system.
At the start of every year, my department monitors registration and will meet with registrars of all universities to plan for the registration period. This also includes a process of consultation with key stakeholders such as SASCO and HESA to ensure a smooth start to the academic year. The Department will target certain institutions to monitor their operations and provide the necessary information to first entry students.
It is important that SASCO partners with the Department, as you have always done, to assist and support our campaign of ensuring that we provide access to those who cannot afford their fees. We will also work closely with SAUS and SRCs to ensure that we are proactive in dealing with problems which may arise during this time. Plans are underway to establish a fully functional call centre in the department to address a variety of issues facing the higher education sector, not least the students.
In my view, a major problem in the system is the application process where students have to pay large amounts of money applying for admission to multiple institutions. We need to work towards a central application system with national or provincial application offices. In this regard, we need to look closely at the system in place here in KwaZulu-Natal and draw lessons from it.
I am hoping that the higher education summit can also look at the issue of fees and fee increases and that together with all stakeholders we can reach a consensus position and national framework.
Finally comrades, I am happy to inform you that the process towards establishing universities in Mpumalanga and the Northern Cape are on track. Last month, we held a public participation event in Mpumalanga where we discussed this issue with all stakeholders in the province. I will be holding meetings with the National Institutes for Higher Education in both provinces to take forward these plans and also intending the Northern Cape in the next few months to engage with stakeholders there. I want to thank SASCO for your activism in this regard and urge you to remain engaged with us to provide the valuable perspectives we need to create the first universities of a democratic South Africa.
Mr President and delegates, I have sketched out some of our plans and work of the department, which you can see are extensive and complex. While we are serious about our commitments, government alone cannot achieve the goal of a high quality and performing higher education and training system. We need the co-operation and commitment of students to work hard and study diligently to produce high quality graduates and skills. I therefore urge you as the major student organisation to help us raise the bar by getting your members to work hard and break the barriers which inhibit their success.
Comrades, I wish you well in this important congress and in your deliberations which I believe will help us in our mission to create a quality and equitable post-schooling system in our country.
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<fn>GOV-ZA.17052004En.2012-02-10.en.txt</fn>
The sections in the Firearms Control Act, 2000, (Act 60 of 2000) and the Firearms Control Regulations, 2003 relating to accreditation became effective from 1 July 2003.
The Firearms Control Act, 2000 stipulates that certain categories of entities, which include the owners of shooting ranges and training providers in the use of firearms must apply for accreditation in order to comply with the provisions of the Firearms Control Act.
The Regulations pertaining to the remaining sections of the Firearms Control Act, 2000 (Firearms Control Regulations, 2004) will come into effect during July 2004.
In order to provide training in the use of firearms in South Africa from July 2004, a training provider as well as the shooting range where the training will be conducted must be accredited by the South African Police Service.
The South African Police Service once again extends an invitation to all the training providers in the use of firearms and owners of shooting ranges to approach the Designated Firearms Officer responsible for the area in which the business is or will be situated to apply for accreditation. The application forms and detailed information regarding the requirements for accreditation can be obtained from the relevant Designated Firearms Officers. The SAPS will provide all possible assistance to applicants in order to complete the application process.
It must be emphasized that no person may be granted a competency certificate in order to obtain a firearm licence after the implementation of the Firearms Control Regulations, if the person did not undergo training by an accredited training provider on an accredited shooting range.
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<fn>GOV-ZA.17071En.2012-02-10.en.txt</fn>
No. 530.
No. 12 of 1996: Local Government Transition Act Amendment Act, 1996.
To amend the Local Government Transition Act, 1993, so as to alter the date from which the Minister may exercise certain powers if an election is not held, from 31 March 1996 to 31 August 1996; to provide that a transitional council or transitional metropolitan substructure for which no election has been held after a certain date may be dissolved by the Minister; to confirm the fact that a transitional council for a rural area of local government must consist of elected members; to provide that a transitional council or a transitional metropolitan substructure may elect an executive committee instead of being obliged to elect an executive committee; and to make further provision in respect of the enrolment of voters and the nomination of candidates; and to provide for matters in connection therewith.
(Assented to 28 March 1996.
Amendment of section 9 of Act 209 of 1993, as amended by section 4 of Act 61 of 1995 and section 8 of Act 89 of 1995 1.
"(c) Any transitional council or transitional metropolitan substructure or other such body for the pre-interim phase for which no election has been held before or on 31 March 1996 shall dissolve on that day 31 August 1996 may be dissolved by the Minister by notice in the Provincial Gazette on a day specified therein, and the duties, powers and functions of such council, substructure or body shall from that day and until an election is held be exercised and performed by the chief executive officer concerned, or by a person appointed by the Minister asadministrator of such council, substructure or body.".
Amendment of section 10 of Act 209 of 1993, as amended by section 5 of Act 61 of 1995 and section 10 of Act 89 of 1995 2.
"(iA) the establishment of a transitional council for a rural area of local government not falling within the area of jurisdiction of a transitional metropolitan council or a transitional local council, including the delimitation of the area of jurisdiction of such council after due consideration of the advice and written recommendations of the Board, and the constitution, election, functioning, powers, duties, assets, rights, employees and financing of such council, all the members of which shall be elected in accordance with a system of proportional representation or of ward representation or of both proportional representation and ward representation;".
Amendment of section 16 of Act 209 of 1993, as amended by section 6 of Act 61 of 1995 and section 14 of Act 89 of 1995 3.
"Notwithstanding anything to the contrary in any law contained, a transitional council or transitional metropolitan substructure referred to in subsection (1) shall may elect an executive committee according to a system of proportional representation from among its members an executive committee to exercise such powers and perform such duties as such transitional council or transitional metropolitan substructure may determine".
Amendment of Schedule 4 to Act 209 of 1993, as amended by section 17 of Act 89 of 1995 4.
"(d) at 15:00 on the day immediately preceding nomination day, he or she is indebted to the local government concerned or a local government, the area of jurisdiction of which falls wholly or partly within the area of jurisdiction of the local government for which an election is to be held, in respect of any assessment rates, rent, service charges or any other monies for a period longer than three months; or".
This Act shall be called the Local Government Transition Act Amendment Act, 1996.
<fn>GOV-ZA.17072011En.2012-02-10.en.txt</fn>
Responding to the allegations the MEC has ascertained the dwellers that the department will closely monitor the case in order to ensure that justice prevails.
Shongwe said farm dwellers must not be afraid to report any acts of criminality to the police. He said once cases are opened they must not be withdrawn regardless of how powerful or wealthy the culprits might be.
"Nobody is above the law, It is the responsibility of government to protect all citizens, farm owners and workers alike, black or white," said Shongwe.
He urged the Waaklagte residents to address some of the land related problems through the Department of Land Affairs.
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Mpumalanga Community Safety, Security and Liaison MEC Sibongile Manana has called on government structures to constantly give information to communities to avoid dissatisfaction and unnecessary protests.
Speaking at an Imbizo at Wesselton in Ermelo on Sunday Manana conceded that lack of knowledge created uncertainty amongst the people who ended up revolting against government.
She said some people do not know certain government structures, their functions and how to access their services.
Manana tasked the Justice Crime Prevention and Security (JCPS) Cluster departments and councilors to regularly give feedback on progress made regarding expected services.
The JCPS Cluster consists of the following departments; Correctional Services, Home Affairs, State Security, Justice and Constitutional Developments, South African Police led by the Department of Community Safety, Security and Liaison.
She said Justice and Constitutional Developments needed to educate people how the judicial system works since people usually complained about immediate release of suspects.
People complain that police arrest criminals and the following day, those suspects are seen roaming the streets without any explanation. People are not even informed about why their cases are scrapped from the roll.
"Some officials send people from pillar to post when applying for services without indicating to them the necessary requirements for successful processing of documents such as ID books, birth certificates and other services ," said MEC Manana.
She explained that such behaviour by officials led to people becoming frustrated and resorted to violence during service delivery protests.
Manana said it was worthless for government to repeatedly interact with communities but not implementing or rendering services needed by the communities.
We must refrain from making false promises that we fail to deliver on because this compromises the credibility of government.
"These events are not talk-shows, people expect a lot from us, we must move with speed in delivering services. Next time we go to communities, people will fight with us," said Manana.
The Provincial Community Policing Forum Board Chairperson Mandla Mphuthi said there was no need for communities to discuss such issues with the MEC, because it should have been raised with ward councilors.
He encouraged the people to join CPF and be part of sector policing.
Meanwhile, SAPS Acting Provincial Commissioner Rex Machabi advised people that if they were not adequately assisted by police members, communities should contact station commissioners.
He said incompetent police officers could be removed or transferred to other places.
He added that people should report crime to the local satellite police station, as that would determine the need to build a police station.
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The former commissioner retired from the South African Police Service due to ill health. Khumalo was replaced by Assistant Commissioner Rex Machabi who acted in the position until a new provincial commissioner, Commissioner Thulani Ntobela was appointed late last year.
"Though Khumalo was no longer with the South African Services, we are saddened by his death as he came with strategies that assisted the province in fighting crime," said MEC Manana.
Khumalo will be remembered for his crime prevention strategy called Afrika Concept where he encouraged community participation in the fight against crime and the introduction of the junior cop project.
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POLOKWANE: Limpopo MEC for Roads and Transport, Mme Pinky Kekana has approved the cancellation of 94 driving licences after thorough investigation by the Special Investigation Unit (SIU). Of these licences, 70 were issued by the Sekgosese Testing Centre and 24 by Marble Hall Testing Centre.
Johannesburg - Gauteng has beefed up its budget allocation for district health services by over R1 billion, in line with the provincial health department's objective to re-engineer services in clinics and smaller hospitals.
"A further 40 local doctors who have benefited from the department's bursary fund have also been distributed to the district health services and district hospitals, where they will fulfil their contractual obligations," said Mekgwe.
Presenting her department's R25.2 billion budget for 2011/2012 on Friday, Mekgwe challenged district managers to brace themselves to conduct their business differently, as it is at this level that the link between health promotion and management of diseases is pivotal.
"Allocation of resources will now be determined by disease patterns and trends in each district," Mekgwe said.
She announced that 30 of the 35 community health centres in Gauteng will operate 24 hours a day in order to improve access to primary health care services.
"Our goal is to change community perceptions about quality of care at our facilities, as they will be attended to faster by dedicated teams who live among them," she said.
In an attempt to discourage people from entering the health system incorrectly, more doctors will be deployed to work at clinics and the department will continue strengthen the use of general practitioners, who work on a session basis at the clinics.
Currently, 248 out of 318 clinics are visited by a medical doctor at least once or twice a week.
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State procurement for the World Cup will follow the standard practices of BBBEE and SMME promotion. The Government is also making sure that others - the Local Organising Committee, FIFA and its commercial partners - procure services according to empowerment policy.
The Organising Committee has agreed to procure 30% of the products and services it needs from small businesses and BEE companies. Seventy percent of the procurement allocated to BEE companies and small businesses must be allocated to smaller black enterprises - especially to co-operatives with a large number of female members, and small businesses of which women are key stakeholders.
The Department of Trade and Industry will ensure that the Organising Committee complies with BEE codes in tendering processes. The Government and the Organising Committee will also organise roadshows on the business opportunities arising from the tournament deliverables, such as transport and stadiums, particularly in the nine host cities but also further afield.
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Purpose: To promote and coordinate research and Information management and development of policies and Legislation on Traditional Affairs and coordinate the institutional development and capacity building programmes in order to enhance efficiency and effectiveness within the institution of traditional affairs.
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MEC Manana visited the 500km long borderline yesterday [16 November 2009] and was shocked to notice that illegal crossings were a major security threat.
Too many people crossed illegally to South Africa rather than those who utilised passports at the border gates.
While at Magogeni borderline near Mananga border gate, MEC Manana personally saw the illegal crossings which have been somehow regarded as "official" by local people from both Mpumalanga and Swaziland.
At least 40 people crossed the borderline within five minutes while the MEC was at the fence. She asked the people why they did not utilise the designated border gates.
They said the crossings were official.
She was told that illegal goods, counterfeit and stolen goods crossed either to or from South Africa, Swaziland and Mozambique. She was told by the border police that cigarettes, corpses, and vehicles crossed the border because they had no capacity to control the illegal crossings.
She was told human trafficking was rife along the borderline because there was an easy access to South Africa.
The police also told the MEC that the working environment was not conducive for them to do their work effectively as the resources were not adequate.
Officials at the border gate told the MEC that they needed technological devices to scan especially huge vehicles such as trucks that usually transported illegal goods to nearby countries.
The road along the international fence was not suitable for their vehicles and there was no enough personnel as untrained officers were drawn from the police stations to assist at the borderline.
destined for Mozambique. There were also arrested counterfeit goods.
With the 2010 FIFA World Cup around the corner, MEC Manana acknowledged that borderline security needed to be intensified especially to counteract against human trafficking.
She said although the police could not stop the movement of people between South Africa and other countries, the illegal crossings made it difficult for them to do their work.
These crossings place a huge burden on the resources of our government because some of the foreign nationals are receiving social grants and other forms of assistance meant for the South Africans.
This movement is undocumented, when these people are offended they do not even report to the police because they are here illegally.
"They are even used by criminals to commit crime because we do not have their finger prints," said MEC Manana.
She promised to take the matter up with the National Minister for the Department of Police in an effort to convince the Cabinet to bring back the soldiers at the borders.
Meanwhile, Deputy Provincial Commissioner Rex Machabi applauded border patrol officers for the good work of protecting the country's citizens saying many stolen vehicles were recovered at the borders.
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"The chances of finding any survivors are very slim," French President Nicolas Sarkozy said in a statement at Paris' Charles de Gaulle airport following his meeting with relatives of passengers on the plane on Monday.
The Air France jet was probably hit by lightning and suffered an electric failure while flying through the Atlantic storm, Air France said earlier in the day.
Air France announced Monday that victims aboard the airplane came from 32 countries, including 58 Brazilians, 61 French, 26 Germans, 9 Chinese and 9 Italians.
The A330-200, which was developed to compete with the Boeing 767-300ER, is a large-capacity, wide-body, twin-engine, medium-to-long-range commercial passenger airliner.
A search was conducted by Brazil's air force near the Brazilian island of Fernando do Noronha, around the area where the airplane disappeared, about 370 km from the mainland and 2 400km from Rio de Janeiro.
Meanwhile, France is seeking US satellite assistance to help locate the wreckage. The first military ship wasn't expected to reach the area where the plane vanished until Wednesday.
Sarkozy said that he felt "extremely worried" and demanded the air authorities spare no effort in their search efforts and in finding the reason behind it as quickly as possible.
Transport and environment ministers have been sent to monitor the situation at Charles de Gaulle airport.
Click here to find out.
Kgopelo ya go fa tsebiso ya lehu www.services.gov.
<fn>GOV-ZA.171ministerdeclares28municipalitiesin7provincesdisasterareasEn.2012-02-10.en.txt</fn>
Their implementation throughout the region, coupled with trade and investment missions led by the DTI from South Africa to SADC Member States, has resulted in substantial investments in the region which are of mutual benefit to South Africa and the recipient countries.
URL: http://www.info.gov.za/speeches/1999/9907011110a1001.
<fn>GOV-ZA.17200En.2012-02-10.en.txt</fn>
The Food Security Program (FSP) aims to support only groups from the historically disadvantaged communities who want to start a garden. The programme will finance the project with a start-up fund to initiate a community garden and/or project.
LRAD's main focus is to assist Black people to gain increased access to agricultural land, for use and ownership, by allocating grants. These grants, which the State provides, are free and do not need to be repaid.
The Program for Agricultural Infrastructure Development (PAID) aims to support historically disadvantaged groups, individuals and communities within the farming sector.
<fn>GOV-ZA.1728En.2012-02-10.en.txt</fn>
In May 2004, FIFA awarded the hosting of the FIFA World Cup to an African country for the first time in the 101 years of FIFA's existence.
As the host of the 2010 FIFA World CupTM, South Africa stands as a representative of Africa and as part of an African family of nations.
<fn>GOV-ZA.172bulletinEn.2012-02-10.en.txt</fn>
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URL: http://www.info.gov.za/speeches/2005/05052315451001.
Deputy President Jacob Zuma has arrived in Amman, Jordan, where he is leading a South African government delegation to attend the World Economic Forum (WEF) with the theme "Seizing the moment," at the Dead Sea. Deputy President Zuma is accompanied by Ministers Phumzile Mlambo-Ngcuka and Mandisi Mpahlwa and Deputy Minister Aziz Pahad. Deputy President Zuma is expected to return to South Africa on Sunday, 22 May.
URL: http://www.info.gov.za/speeches/2005/05052016451003.
Pretoria ' South African Deputy President Jacob Zuma will lead a senior South African government delegation to the World Economic Forum (WEF) with the theme, "Seizing the Moment," at the Dead Sea in Jordan from Friday to Saturday, 20 to 21 May 2005. Deputy President Zuma's delegation will include Ministers Phumzile Mlambo-Ngcuka and Mandisi Mpahlwa and Deputy Minister Aziz Pahad.
URL: http://www.info.gov.za/speeches/2005/05051614451002.
<fn>GOV-ZA.17385En.2012-02-10.en.txt</fn>
You need to register your child within 30 days of its birth.
When you register the child, you will receive an abridged birth certificate free of charge.
If you are married, the child will be registered under the father's name. However, if you are unmarried, the child can be registered under either parent's name.
Note: You do not need to register a birth, if the child is not born alive.
To register your child, you need to fill out form BI-24 and submit it at the nearest Home Affairs office. This form contains a description of the child (gender etc) as well as the child's name and surname. The parents should bring along their ID books and the child's hospital certificate or clinic card.
If you have not registered your child in the first 30 days, but your child is still younger than one year, you need to complete form BI-24, and explain why the child's birth was not registered within the 30 days period.
If the child is more than a year old but is still younger than 15, you need to complete form BI-24/1 and submit it along with written reasons why the birth was not notified in the 30 day period.
Affidavits by the parents or, where the parents are deceased, by a close relative at least 10 years older than the child, confirming the child's identity and status.
o A certificate from the hospital or maternity home where the child was born, signed by the person in charge and containing the institution's official stamp.
o Confirmation of the child's personal details as extracted from the school register of the first school attended by the child. The confirmation must be on the school's official letterhead, must be signed by the principal and must contain the school's official stamp.
o The child's baptismal certificate.
o In the case of abandoned children, a social worker report.
o The child's clinic card.
o The child's school reports.
If you are older than 15 and have not been registered, your birth registration application must accompany your application for an Identity Document. You must submit form BI-24/15 as well as form BI-9 (which is the application for an identity document).
o A certificate from the hospital or maternity home where you were born, signed by the person in charge and containing the institution's official stamp.
o Confirmation your personal details as extracted from the school register of your first school. The confirmation must be on the school's official letterhead, must be signed by the principal and must contain the school's official stamp.
o Your baptismal certificate.
o Your clinic card.
o Your school reports.
If your child is born outside South Africa but one of the parents is a South Africa citizen. You can go to the South African Embassy or Mission to register the child's birth.
in the case of children 15 years and older, a BI-9 application for an identity document.
For more information, visit the Department of Home Affairs website or contact your nearest home affairs office.
There are no fees for registering the birth of a child.
<fn>GOV-ZA.17389En.2012-02-10.en.txt</fn>
A birth certificate is issued when a child is registered with the State. It contains the details of the child and is required as proof of identity.
If you have lost your birth certificate or require another copy, you can apply to your nearest Home Affairs office. Or if you are outside the country, you can apply at a South African mission or consulate.
You can apply for an abridged certificate or a full certificate.
You need to complete form BI-154 in black ink and submit it.
An abridged birth certificate can be made available the same day.
It takes approximately six to eight weeks to process an application for a full birth certificate.
<fn>GOV-ZA.173bulletinEn.2012-02-10.en.txt</fn>
Annual Subscription Fee: R30.00 R2.
Compulsory briefing session: Date : 18 November 2010 Time : 10h00 Venue: Riverside Government Complex, Building 8, Room no.
Compulsory Briefing Sessions: Date : 18 November 2010 Time : 10h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 18 November 2010 Time : 12h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 18 November 2010 Time : 14h00 Venue: Riverside Government Complex, Building No.
In order to give all prospective contractors for the construction of Government Low Cost (RDP units) top structures for 2011 / 2012 an equal opportunity to do business with the Mpumalanga Provincial Department of Human Settlements, the department hereby invites contractors to register their businesses in the department's database, the database registration shall remain open until 28 February 2011 Existing contractors of the previous data base must re-apply, indicating their previous vendor numbers as a reference, if possible. The following documents must be attached to each application: NHBRC Certificate Certified copies of ID document of company member(s) (ownership) Cancelled cheque Bank stamp Medical certificate if any member is disable Cerificate of Incorporation from Registration of Companies (CIPRO) Company Profile SARS Tax Clearance Certificate (Original) The application forms are free of charge. Contractors should take note of the special conditions indicated in the applications forms in order to ensure successful registration.
Compulsory briefing session: Date : 17 January 2011 Time : 10h00 Venue: Riverside Government Complex, Building No.
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When a person dies, the family must report the death to the Registrar of Births and Deaths. They must do this as soon as the family gets a death certificate from the doctor.
To register a death you need to get a certificate of cause of death from a doctor. Then the funeral undertaker needs to complete certain sections on the form. Finally the form needs to be submitted to the nearest Home Affairs Office. For more detailed information on how to register a death, visit the Department of Home Affairs website.
<fn>GOV-ZA.17416En.2012-02-10.en.txt</fn>
When you register a death with the Department of Home Affairs, you will be issued with an abridged death certificate.
An abridged death certificate is free of charge when registering a death but further applications will cost R20. A full death certificate costs R75.
<fn>GOV-ZA.17419En.2012-02-10.en.txt</fn>
When you die, your estate is divided out between your family or the people that you want to have inherit from you.
The estate consists of your personal property and possessions, as well as any money or other assets owed by you.
Who your property is passed on to depends on whether you have a valid will or not. If you have a valid will then the property is divided according to your wishes. If you die without a will (called intestate) then your property will be divided up amongst your immediate family according to the laws of intestate succession.
If you are older than 16, you can make a will stating who you want your property to go to when you die. For your will to be valid it needs to be made in the proper way and you need to be mentally competent when you create the will. This means that you must be able to understand the consequences of creating a will, must be in a reasonable state of mind and remember what you own.
The will is in writing.
Two people older than 14 witness the making of the will (these witnesses cannot be beneficiaries of the will).
You have initialled every page of the will and signed the last page, in the presence of the witnesses.
The witnesses have initialled and signed the will.
divide up your property.
An executor is the person that will make sure that your property is divided up according to your wishes, as set out in your will. The executor also settles your outstanding debts. If you don't choose an executor, the court will appoint someone, usually a family member to be your executor.
You can get a lawyer to help you to draw up a will or you can get an easy-to-complete will form from a stationary shop.
If you don't have a valid will when you die, your property is divided up according to the rules set out in the law.
A married person's property is shared equally by their spouse and their children.
If there are no blood relatives then the property is given to the government.
Different rules apply under customary law but this results in a situation that is totally unfair to the wife.
For more information on wills and deceased estates, visit the Department of Justice website.
<fn>GOV-ZA.17445En.2012-02-10.en.txt</fn>
Please note that this is not intended to be a comprehensive guide on wills. A will is a specialized document, which should preferably be drawn up by an expert like an attorney or trust company. The information merely aims to inform people about some basic aspects of wills.
Who is competent to make a will?
Who is competent to act as a witness to a will?
What are the requirements for a valid will?
What are the requirements for a valid will if I cannot sign my name?
What is a codicil?
What if I want to amend my will?
Must I amend my will after divorce?
What will happen if I do not leave a will?
Everyone 16 years old and over, unless at the time of making the will they are mentally incapable of appreciating the consequence of their actions.
Anyone who is 14 years old and over and who at the time that they witness the will is competent to give evidence in court.
A beneficiary to a will should not sign as a witness, because they will then be disqualified from receiving any benefit from that will. There are some exceptions to this rule. Consult your legal representative for more information in this regard.
Since 1 January 1954 all wills must be in writing. They can be written by hand, typed or printed.
The testator (person making the will) must sign at the end of the last page of the will.
The testator must sign all other pages of the will anywhere on the page.
The testator must sign the will in the presence of two or more competent witnesses.
The witnesses must attest and sign the will in the presence of the testator and of each other.
You may ask someone to sign the will on your behalf or you can sign the will by the making of a mark (for example a thumbprint or a cross).
If it was made after 1 January 1954, the will must be in writing. It can be written by hand, typed or printed.
The testator must sign the will at the end of the last page by making a mark, or if someone signs on their behalf, this other person must sign at the end of the last page in the presence and by the direction of the testator.
The mark or the signature of the other person signing on behalf of the testator must be made in the presence of two or more competent witnesses and a commissioner of oaths.
The witnesses must attest and sign the will in the presence of the testator/ and of each other and if the will is signed by the other person, also in the presence of that person and a commissioner of oaths.
If the will consists of more than one page, every page except the last one must be signed by the testator or by the person signing on their behalf anywhere on the page.
A commissioner of oaths must certify that they are satisfied as to the identity of the testator and that the will is the will of the testator.
The commissioner of oaths must sign a certificate and each page of the will, anywhere on the page.
A codicil is a schedule or annexure to an existing will, which is made to add to or to change an existing will. A codicil must comply with the same requirements as a valid will (listed above).
A codicil does not need to be signed by the same witnesses who signed the original will.
Amendments to a will can only be made while executing a will or after the date of execution of the will. Amendments to a will must comply with the same requirements for a valid will (listed above).
When amending a will, it is not necessary for the same witnesses who signed the original to sign the updated will.
A bequest to your ex in your will, which was made before your divorce, will not necessarily fall away after the divorce.
The Wills Act says that, unless you specifically provide otherwise, a bequest to your divorced spouse will be cancelled if you die within three months of the divorce.
This gives a divorced person three months after the divorce in which to amend their will.
Should you not change your will within three months after your divorce, your divorced spouse will benefit as indicated in the will.
If you die without leaving a will or a valid will, your estate will be split up according to the Intestate Succession Act, no. 81 of 1987.
The estates of people who die intestate and whose estates are governed by the principles of customary law, must be reported to the Magistrate for the area in which the person was resident at the time of their death. The local magistrate should be consulted on how an estate that is subject to customary law will be dealt with.
<fn>GOV-ZA.17446En.2012-02-10.en.txt</fn>
Giving up a child for adoption is a way of ending the legal relationship between the biological parents and a child.
If the biological parents of the child are alive, they must both consent to the adoption.
Consent must be voluntary and may not be rewarded with cash, gifts or in any other way. However, consent of a parent who is mentally ill, has deserted the child or has ill-treated the child, is not required.
Both the mother and the father must sign the consent form to allow the adoption by a specific person or couple.
If the biological parents are not married, the mother must first get the consent of the biological father. However she only needs to do this if the pregnancy was not the result of violence, and if the father acknowledges in writing that he is the father and has made his identity and address available.
Biological parents can withdraw their consent within 60 days of giving their consent.
If the child is ten years or older, the child must also consent to the adoption.
If the child is in foster care, the foster parents must also certify that they do no wish to adopt the child.
When the child is adopted all rights and duties between the child and its natural parents end. An adoption is final once the adoption order is finalised.
Putting a child up for adoption is a difficult thing to do and adoption agencies will provide support services to assist you. These can include counselling and even accommodation.
For more information contact your District Office of the Department of Social Development or an adoption agency in your area.
<fn>GOV-ZA.17463En.2012-02-10.en.txt</fn>
Both parents have a legal duty to support their children.
The parent who is looking after the child has a right to apply to a Maintenance Court for the other parent to pay support.
If the children are not living with the mother or the father, the person who is looking after them can also apply for maintenance from the parents. For example, if a child is living with the grandparents, the grandparents can apply to get maintenance from the father and the mother of the child.
Once there is a court order instructing a parent to pay child support, it is a criminal offence not to pay.
There are special Maintenance Courts at every Magistrate's Court. Maintenance officers work in these courts and help people who want to apply for maintenance. They also deal with applications to increase or reduce maintenance payments.
Apply for maintenance at the magistrate's court in the district where you live.
If you are in doubt, your local court will tell you at which court to apply for maintenance.
Go to the relevant court and complete and submit Form A: "Application for a maintenance order."
In addition to the completed form, submit proof of your monthly income and expenses, such as receipts for food purchases, electricity and/or rent bill payments.
The court will serve a summons (a letter instructing a person to come to court) on the respondent (the person against whom the claim is brought) to appear in court on a specific date to discuss the matter.
The respondent agrees to pay the maintenance as claimed, a magistrate will review the relevant documentation. He or she will then make an order, and may decide to do so without requiring the parties to appear in court.
If the person who is allegedly liable to pay maintenance does not consent to the issuance of an order, he or she must appear in court, where evidence from both parties and their witnesses will be heard.
If the court finds the person liable for paying maintenance, payments must be made.
At the local magistrate's office or any other government office designated for this purpose.
Into the bank or building society account designated by the person concerned.
Directly to the person who is entitled to the money.
By means of an order that directs the employer of the person who is liable for paying maintenance to deduct the maintenance payment directly from the employee's salary, in accordance with the new Maintenance Act, 1998.
For more information contact the maintenance officer at your local Magistrates' Court.
Source: Department of Justice & Constitutional Development.
<fn>GOV-ZA.17467En.2012-02-10.en.txt</fn>
If the court has ordered that a parent must pay child support, it is a criminal offence not to pay.
Go to the maintenance office and complain. It is important to make a formal complaint every time when the other parent doesn't pay.
The maintenance office records each time the other parent pays. This record will show when they do not pay and how much they owe.
If the other parent is employed and failed to pay maintenance, you must ask the court to make an order to get the maintenance directly from their employer.
If the other party does not pay, they are not obeying the order of court. This is a crime. The court will send them a notice telling them to come to court on a certain date. They must then explain why they did not pay the money. If there isn't a good reason, the court will usually tell the other party that they must pay all the maintenance they owe, or they will go to jail.
<fn>GOV-ZA.17473En.2012-02-10.en.txt</fn>
Who Has a Duty to Maintain?
What Is the Maintenance System?
Why Pay Maintenance?
How Is Maintenance Paid?
Must I Still Pay Maintenance if?
What If the Parents have other Children?
How Is the Amount of Maintenance Calculated?
What Happens if Maintenance Is not Paid?
What Can I Do to Protect the Best Interests of Children when it Comes to Maintenance?
<fn>GOV-ZA.17483En.2012-02-10.en.txt</fn>
Gambling should be for leisure and entertainment - however some people become addicted to gambling. The biggest negative effect of gambling is loss of money. If someone has a gambling problem and loses a great deal of money, this can result in debt, asset loss, bankruptcy, fraud, theft, job loss or poor performance at work, stress and even suicide.
If you are concerned that you may have a gambling problem, try completing the Responsible Gaming online checklist.
If you need more information, you can contact the National Responsible Gaming Tollfree Helpline on 0800 006 008, or if you prefer you can send an email to counsellor@responsiblegaming.co.za.
Counselling services are also available to assist people who have a gambling problem.
<fn>GOV-ZA.174bulletinEn.2012-02-10.en.txt</fn>
The Department of Arts and Culture deals with matters pertaining to arts and culture, develops the economic potential in cultural industries, alleviates poverty through job creation, takes part in the strategy to brand South Africa as a sought-after tourism destination, and renders State archive and heraldic services at national level.
Since the turn of the century, the budget for the Department of Arts and Culture has seen an annual growth rate of 18,3%. Institutions are seen as key partners in unlocking creativity and implementing arts policy.
The Sad Farewell by KwaZulu-Natal artist, S'fiso ka Mkame. The Department of Arts and Culture supports a number of projects to promote the visual arts.
the allocation for the 2004/05 financial year is R45 million, and in the 2005/06 financial year, the budget is expected to be R60 million.
The Department is responsible for 27 public entities including museums, art galleries, the National Zoological Gardens, the National Archives and the six playhouses.
C.J. Langenhoven in May 1918. The music was composed by the Rev. M.L. de Villiers in 1921. Nkosi Sikelel' iAfrika was composed in 1897 by Enoch Sontonga, a Methodist mission school teacher.
Seven additional stanzas in isiXhosa were later added by the poet Samuel Mqhayi. It became a popular church hymn that was later adopted as an anthem at political meetings. It has been translated into most of South Africa's official languages.
The national flag of the Republic of South Africa was brought into use on Freedom Day, 27 April 1994. The design and colours are a synopsis of the principal elements of the country's flag history.
South Africa's coat of arms was launched on Freedom Day, 27 April 2000.
A central image of the coat of arms is the well-known secretary bird with its uplifted wings. Above the bird is the rising sun, a force that gives life while representing the flight of darkness and the triumph of discovery, knowledge and understanding of things that have been hidden, and illuminating the new life that is coming into being. Below the bird is the protea, an indigenous flower of South Africa, which represents beauty, the aesthetic harmony of all its cultures, and South Africa flowering as a nation. The ears of wheat are emblems of the fertility of the land, while the tusks of the African elephant, reproduced in pairs to represent men and women, symbolise wisdom, steadfastness and strength.
Contained within the shield are some of the earliest representations of humanity in the world. Those depicted were the very first inhabitants of the land, namely the Khoisan people. These figures are derived from images on the Linton Stone, a world-famous example of South African rock art. The motto of the coat of arms, !Ke e:/xarra//ke, written in the Khoisan language of the /Xam people, means 'diverse people unite' or 'people who are different joining together'.
The new national orders were unveiled by President Thabo Mbeki on 27 April 2002, at the Freedom Day celebrations in Bloemfontein, Free State. These national orders are the highest awards that the country can bestow on individual South Africans and eminent foreign leaders and personalities.
The Order of Mapungubwe is awarded to South African citizens for excellence and exceptional achievement. It reflects the ancient Kingdom of Mapungubwe, which existed in the northern corner of South Africa a millennium ago.
The Order of the Baobab is awarded to South African citizens for distinguished service of above and beyond the ordinary call of duty.
The Order of the Companions of O.R. Tambo is awarded to Heads of State and other personalities for promoting peace, co-operation and friendship towards South Africa.
In September 2003, the Cabinet approved a set of additional national orders. The new orders will honour individuals who have rendered distinguished service for democracy and human rights (Order of Luthuli); those who have shown outstanding bravery in the face of great danger (Mendi Decoration for Bravery); and for excellence in the fields of arts, culture, literature, music, journalism and/or sport (Order of Ikhamanga).
National tree: real yellowwood.
The National Heritage Council Act, 1999 (Act 11 of 1999), established a framework and institution that co-ordinate the heritage sector, including archives, museums, heritage resources, geographical names and libraries.
The Council was expected to be established during the 2003/04 financial year.
The SAGNC is an advisory body appointed by the Minister of Arts, Culture, Science and Technology in terms of the South African Geographical Names Council Act, 1998 (Act 118 of 1998). The Council advises the Minister on the transformation and standardisation of official geographical names in South Africa.
The Council has jurisdiction over all names of geographical features and entities falling within the territories over which the South African Government has sovereignty or jurisdiction acquired by treaty.
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Results: 41 to 60 of 62 (104467 searched in 0.3.
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South Africa has been involved in Antarctica since it signed the Antarctic Treaty in 1959, and it is currently the only African country to have a presence on the continent. South Africa maintains bases on the Antarctic mainland as well as on Marion and Gough Islands. The research conducted in Antarctica covers a broad spectrum of research disciplines, from physics and engineering to oceanography and biodiversity.
The strategic and scientific value of the Antarctic resulted in the establishment of the South African National Antarctic Programme (SANAP), which ensures that South Africa remains party to informed decision-making on matters in the region. SANAP's mission is to increase our understanding of the natural environment and life in the Antarctic and Southern Oceans through appropriate science and technology.
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Isivande Women's Fund (IWF) aims to accelerate women's economic empowerment by providing more affordable usable and responsive finance.
SANWIT was establlished to facilitate regional networking among women on critical issues in transport for development.
The Epping Market is the only National Fresh Produce Market in the Western Cape. It serves Cape Town, the whole Cape Peninsula and surrounding areas, as well as even the most remote parts of the North Western Cape and Namibia.
<fn>GOV-ZA.17561En.2012-02-10.en.txt</fn>
Protocol which have been accepted by the Republic; and to provide for matters connected therewith.
(Assented to 30 October /996.
Amendment of section 1 of Act 2 of 1986 1.
'exclusive economic zone' means the exclusive economic zone referred to in section 7 of the Maritime Zones Act, 1994 (Act No.
'South African ship' means any ship having South African nationality as contemplated in section 64 of the Merchant Shipping Act, 1951 (Act No.
4 of the Maritime Zones Act, 1994 (Act No.
Substitution of section 2 of Act 2 of 1986 2.
any other ship while it is in the Republic or its territorial waters or exclusive economic zone.
to the Administration or Government shall, in relation to a South African ship or the Republic, be construed as, or as including, a reference to the Minister or any person acting on his or her authority.
The English text of the Convention shall prevail for the purposes of its interpretation.
Substitution of section 3 of Act 2 of 1986 3.
in general, for the better achievement of the purposes of this Act.
be applicable outside the Republic.
Insertion of section 3A in Act 2 of 1986 4.
3A. (1) (a) Any person who contravenes any provision of this Act or the Convention or who fails to comply with any provision thereof with which it is his or her duty to comply, shall be guilty of an offence.
The owner and the master of a ship that does not comply with the requirements of this Act and the Convention shall each be guilty of an offence.
At a prosecution under subsection (I) in relation to a discharge of a harmful substance from a ship into the sea it shall be sufficient for the State to show that such discharge occurred, but it shall be a good defence if it is shown that the discharge complied with the requirements of this Act or the Convention.
For the purposes of paragraph (a), 'discharge' and 'harmful substance' shall have the meanings assigned thereto in Article 2 of the Convention.
No person shall be guilty of an offence under subsection (1) if he or she can show that he or she took all reasonable steps to ensure that the provisions of this Act and the Convention were complied with.
Any person convicted of an offence under subsection (1) shall be liable to a fine not exceeding R500000, or to imprisonment for a period not exceeding five years or to such fine as well as such imprisonment.
deposits with the Director-General such sum as that officer may require of him or her, but not exceeding the maximum fine which may be imposed for a conviction for the contravention or failure in question, the Director-General may, after such enquiry as he or she deems necessary, determine the matter summarily and may, without legal proceedings, order the whole or any part of the said deposit to be forfeited to the State by way of a penalty.
There shall be a right of appeal to the Minister from a determination or order by the Director-General whereby a penalty exceeding RIO 000 is imposed under subsection (5), provided such right is exercised within a period of three months from the date of such determination or order.
The imposition of a penalty under subsection (5) shall be deemed not to be a conviction of an offence, but no prosecution in respect of the offence in question may thereafter be instituted.
Substitution of section 4 of Act 2 of 1986 5.
Any offence contemplated in section 3(2) 3A(1) shall, for purposes in relation to jurisdiction of a court to try the offence be deemed to have been committed at any place where the accused happens to be within the area of jurisdiction of the court in which the prosecution is instituted.
Notwithstanding anything to the contrary contained in any law, a magistrate's court shall have jurisdiction to impose any penalty prescribed by this Act.
Insertion of section 4A in Act 2 of 1986 6.
4A. This Act shall also apply to the Prince Edward Islands referred to in section 1 of the Prince Edward Islands Act, 1948 (Act No. 43 of 1948), and a reference in this Act to the Republic shall include a reference to those Islands.
Substitution of section 5 of Act 2 of 1986 7.
This Act shall be called the International Convention for the Prevention of Pollution from Ships Marine Pollution (Prevention of Pollution from Ships) Act, 1986 and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Amendment of Schedule to Act 2 of 1986 8.
The Schedule to the principal Act is hereby amended to the extent indicated in the Schedule.
Substitution of long title of Act 2 of 1986 9.
1978; and to provide for matters connected therewith.
Short title and commencement of section 8 10.
Pollution from Ships) Act, 1986 (Act No. 2 of 1986).
The Master or other person having charge of any ship involved in an incident referred to in Article 11 of this Protocol shall report the particulars of such incident without delay and to the fullest extent possible in accordance with the provisions of this Protocol.
In the event of the ship referred to in paragraph (1) of this Article being abandoned, or in the event of a report on such a ship being incomplete or unobtainable, the owner, charterer, manager or operator of the ship, or their agent shall, to the fullest extent possible, assume the obligations placed upon the Master under the provisions of this Protocol.
a discharge during the operation of the ship of oil or noxious liquid substances in excess of the quantity or instantaneous rate permitted under the present Convention.
'harmful substances' in packaged form referred to in paragraph (1)(b) of this Article means substances which are identified as marine pollutants in the International Maritime Dangerous Goods (IMDG) Code.
assistance and salvage measures.
comply as fully as possible with requests from affected States for additional information.
Reports shall be made by the fastest telecommunications channels available with the highest possible priority to the nearest coastal State.
In order to implement the provisions of this Protocol, Parties to the present Convention shall issue, or cause to be issued, regulations or instructions on the procedures to be followed in reporting incidents involving harmful substances, based on guidelines developed by the Organization.
" (c) Notwithstanding the provisions of subparagraph (a) of this paragraph, the conversion of an existing oil tanker to meet the requirements of Regulation 13F or 13G of this Annex shall not be deemed to constitute a major conversion for the purpose of this Annex.".
A ship when in a port or an offshore terminal of another Party is subject to inspection by officers duly authorised by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by oil.
In the circumstances given in paragraph (1), the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.
Article 5 of the present Convention shall apply to this Regulation.
Nothing in this Regulation shall be construed to limit the rights and obligations of' a Party carrying out control over operational requirements specifically provided for in the present Convention.
the ship has in operation equipment as required by Regulation 16 of this Annex.
(4) The provisions of paragraph (1) of this Regulation shall not apply to the discharge of clean or segregated ballast or unprocessed oily mixtures which without dilution have an oil content not exceeding 15 parts per million and which do not originate from cargo pump-room bilges and are not mixed with oil cargo residues.
the ship has in operation oil filtering equipment complying with Regulation 16(7) of this Annex.
(7) In the case of a ship, referred to in Regulation 16(6) of this Annex, not fitted with equipment required by Regulation 16(1) or (2) of this Annex, the provisions of paragraph (1)(b) of this Regulation will not apply until 6 July 1998 or the date on which the ship is fitted with such equipment, whichever is the earlier.
the ship has in operation oily-water separating equipment of a design approved by the Administration, taking into account the specification recommended by the Organization*.
The Mediterranean Sea area means the Mediterranean Sea proper including the gulfs and seas therein with the boundary between the Mediterranean and the Black Sea constituted by the 41 degrees N parallel and bounded to the west by the Straits of Gibraltar at the meridian of 5 degrees 36'W.
The Baltic Sea area means the Baltic Sea proper with the Gulf of Bothnia, the Gulf of Finland and the entrance to the Baltic Sea bounded by the parallel of the Skaw in the Skagerrak at 57 degrees 44.8'N.
The Black Sea area means the Black Sea proper with the boundary between the Mediterranean and the Black Sea constituted by the parallel 41 degrees N.
The Red Sea area means the Red Sea proper including the Gulfs of Suez and Aqaba bounded at the south by the rhumb line between Ras si Ane (12 degrees 8.5'N, 43 degrees 19.6'E) and Husn Murad (12 degrees 40.4'N, 43 degrees 30.2'E).
The Gulfs area means the sea area located north west of the thumb line between Ras al Hadd (22 degrees 30'N, 59 degrees 48'E) and Ras el Al Fasteh (25 degrees 04'N, 61 degrees 25'E).
The Gulf of Aden area means that part of the Gulf of Aden between the Red Sea and the Arabian Sea bounded to the west by the thumb line between Ras si Ane (12 degrees 8.5'N, 43 degrees 19.6'E) and Husn Murad (12 degrees 40.4'N, 43 degrees 30.2'E) and to the east by the thumb line between Ras Asir (11 degrees 50'N, 51 degrees 16.9'E) and Ras Fartak (15 degrees 35'N, 52 degrees 13.8'E).
The Antarctic area means the sea area south of 60' south latitude.
(a) any discharge into the sea of oil or oily mixture from any oil tanker, and or any ship of 400 tons gross tonnage and above other than an oil tanker, shall be prohibited, while in a special area.
Reference is made to the Recommendation on International Performance and Test Specifications for Oily-Water Separating Equipment and Oil Content Meters adopted by the Organization by resolution A.393(X).
any discharge into the sea of oil or oily mixture from a ship of less than 400 tons gross tonnage, other than an oil tanker, shall be prohibited while in a special area, except when the oil content of the effluent without dilution does not exceed 15 parts per million.
The Government of each Party to the Convention whose ports are used by ships departing en route or arriving from the Antarctic area undertakes to ensure that as soon as practicable adequate facilities are provided for the reception of all sludge, dirty ballast, tank washing water, and other oily residues and mixtures from all ships without causing undue delay, and according to the needs of the ships using them.
The Government of each Party to the Convention shall ensure that all ships entitled to fly its flag, before entering the Antarctic area, are fitted with a tank or tanks of sufficient capacity on board for the retention of all sludge, dirty ballast, tank washing water and other oily residues and mixtures while operating in the area and have concluded agreements to discharge such oily residues at a reception facility after leaving the area.
which is completed after 6 July 1996.
comply, if applicable, with the requirements of paragraph (6).
Wing tanks or spaces shall extend either for the full depth of the ship's side or from the top of the double bottom to the uppermost deck, disregarding a rounded gunwale where fitted.
w = 0.5 + DW/20000 (m); or w = 2.0 m, whichever is the lesser.
The minimum value of w = 1.0 m.
h = B115 (m); or h = 2.0 m, whichever is the lesser.
The minimum value of h = 1.
When the distances h and w are different, the distance w shall have preference at levels exceeding 1.5h above the baseline as shown in figure 1.
On crude oil tankers of 20000 tons deadweight and above and product carriers of 30000 tons deadweight and above, the aggregate capacity of wing tanks, double bottom tanks, forepeak tanks and afterpeak tanks shall not be less than the capacity of segregated ballast tanks necessary to meet the requirements of Regulation 13, Wing tanks or spaces and double bottom tanks used to meet the requirements of Regulation 13 shall be located as uniformly as practicable along the cargo tank length. Additional segregated ballast capacity provided for reducing longitudinal hull girder bending stress, trim, etc., may be located anywhere within the ship.
Suction wells in cargo tanks may protrude into the double bottom below the boundary line defined by the distance h provided that such wells are as small as practicable and the distance between the well bottom and bottom shell plating is not less than 0.5h.
Ballast piping and other piping such as sounding and vent piping to ballast tanks shall not pass through cargo tanks. Cargo piping and similar piping to cargo tanks shall not pass through ballast tanks.
Exemptions to this requirement may be granted for short lengths of piping, provided that they are completely welded or equivalent thereto.
f x h x p x g + 100~p < d x p x g where: c c - n s hc. = height of cargo in contact with the bottom shell plating in metres pc.
~p = maximum set pressure of pressure/vacuum valve provided for the cargo tank in bars f = safety factor = 1.1 g = standard acceleration of gravity (9.81 M/S2).
Any horizontal partition necessary to fulfil the above requirements shall be located at a height of not less that B/6 or 6 metres, whichever is the lesser, but not more than 0.6D, above the baseline where D is the moulded depth amidships.
The location of wing tanks or spaces shall be as defined in paragraph (3)(a) except that, below a level 1.5h above the baseline where h is as defined in paragraph (3)(b), the cargo tank boundary line may be vertical down to the bottom plating, as shown in figure 2.
Other methods of design and construction of oil tankers may also be accepted as alternatives to the requirements prescribed in paragraph (3), provided that such methods ensure at least the same level of protection against oil pollution in the event of collision or stranding and are approved in principle by the Marine Environment Protection Committee based on guidelines developed by the Organization.
ships of 75000 tons deadweight and above: 0.
ships of less than 75000 tons deadweight: 0.
vertical extent: breach of the outer hull.
with a minimum value of h = 0.
with a minimum value of w = 0.76 m.
Oil shall not be carried in any space extending forward of a collision bulkhead located in accordance with Regulation 11-1/1 I of the International Convention for the Safety of Life at Sea, 1974, as amended. An oil tanker that is not required to have a collision bulkhead in accordance with that Regulation shall not carry oil in any space extending forward of the transverse plane perpendicular to the centreline that is located as if it were a collision bulkhead located in accordance with that Regulation.
In approving the design and construction of oil tankers to be built in accordance with the provisions of this Regulation, Administrations shall have due regard to the general safety aspects including the need for the maintenance and inspection of wing and double bottom tanks or spaces.
not apply to oil tankers covered by subparagraph (a) which comply with Regulation 13F(3)(a) and (b), (4) or (5) of this Annex, except that the requirement for minimum distances between cargo tank boundaries and the ship's side and bottom plating need not be met in all respects. In that event, the side protection distances shall not be less than those specified in the International Bulk Chemical Code for type 2 cargo tank location and the bottom protection shall comply with Regulation 13E(4)(b) of this Annex.
The requirements of this Regulation shall take effect as from 6 July 1995.
An oil tanker to which this Regulation applies shall be subject to an enhanced programme of inspections during periodical, intermediate and annual surveys, the scope and frequency of which shall at least comply with the guidelines developed by the Organization.
An oil tanker over five years of age to which this Regulation applies shall have on board, available to the competent authority of any Government of a State Party to the present Convention, a complete file of the survey reports, including the results of all scantling measurement required, as well as the statement of structural work carried out.
The file referred to in subparagraph (b) shall be accompanied by a condition evaluation report, containing conclusions on the structural condition of the ship and its residual scantlings, endorsed to indicate that it has been accepted by or on behalf of the flag Administration. This file an condition evaluation report shall be prepared in a standard format as contained in the guidelines developed by the Organization.
An oil tanker not meeting the requirements of a new oil tanker as defined in Regulation 1(26) of this Annex shall comply with the requirements of Regulation 13F of this Annex not later than 25 years after its date of delivery, unless wing tanks or double bottom spaces, not used for the carriage of oil and meeting the width and height requirements o Regulation 13E(4), cover at least 30% of Lt for the full depth of the ship on each side or at least 30% of the projected bottom shell area PA, within the length L, where L, and the projected bottom shell area EPA, are as defined in Regulation 13E(2), in which case compliance with Regulation 13F is required not later than 30 years after its date of delivery?
An oil tanker meeting the requirements of a new oil tanker as defined in Regulation 1(26) of this Annex shall comply with the requirements of Regulation 13F of this Annex not later than 30 years after its date of delivery.
Any new ballast and load conditions resulting from the application of paragraph (4) of this Regulation shall be subject to approval of the Administration which shall have regard, in particular, to longitudinal and local strength, intact stability and, if applicable, damage stability.
Other structural or operational arrangements such as hydrostatically balanced loading may be accepted as alternatives to the requirements prescribed in paragraph (4), provided that such alternatives ensure at least the same level of protection against oil pollution in the event of collision or stranding and are approved by the Administration based on guidelines developed by the Organization.
(a) An oil discharge monitoring and control system approved by the Administration shall be fitted. In considering the design of the oil content meter to be incorporated in the system, the Administration shall have regard to the specification recommended by the Organization.* The system shall be fitted with a recording device to provide a continuous record of the discharge in litres per nautical mile and total quantity discharged, or the oil content and rate of discharge. This record shall be identifiable as to time and date and shall be kept for at least three years. The oil discharge monitor and control system shall come into operation when there is any discharge of effluent into the sea and shall be such as will ensure that any discharge of oily mixture is automatically stopped when the instantaneous rate of discharge of oil exceeds that permitted by Regulation 9(1)(a) of this Annex.
Reference is made to the Recommendation on International Performance Specifications for Oily-Water Separating Equipment and Oil Content Meters adopted by the Organization by resolution A.233(VII).
Any failure of this monitoring and control system shall stop the discharge and be noted in the Oil Record Book. A manually operated alternative method shall be provided and may be used in the event of such failure, but the defective unit shall be made operable before the oil tanker commences its next ballast voyage unless it is proceeding to a repair port as soon as possible. The port State authority may allow the tanker with a defective unit to undertake one ballast voyage before proceeding to a repair port. The oil discharge monitoring and control system shall be designed and installed in compliance with the Revised Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers developed by the Organization.* Administrations may accept such specific arrangements as detailed in the Guidelines and Specifications.
Any ship of 400 tons gross tonnage and above but less than 10000 tons gross tonnage shall be fitted with oil filtering equipment complying with paragraph (4) of this Regulation. Any such ship which carries large quantities of oil fuel shall comply with paragraph (2) of this Regulation or paragraph (1) of Regulation 14.
Any ship of 10000 tons gross tonnage and above shall be provided with oil filtering equipment, and with arrangements for an alarm and for automatically stopping any discharge of oily mixture when the oil content in the effluent exceeds 15 parts per million.
the quantity, time, and port of the discharge are recorded in the Oil Record Book.
The Administration shall ensure that ships of less than 400 tons gross tonnage are equipped, as far as practicable, to retain on board oil or oily mixtures or discharge them in accordance with the requirements of Regulation 9(1)(b) of this Annex.
Oil filtering equipment referred to in paragraph (1) of this Regulation shall be of a design approved by the Administration and shall be such as will ensure that any oily mixture discharged into the sea after passing through the system has an oil content not exceeding 15 parts per million.
Reference is made to the Revised Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers adopted by the Organization by resolution A.496(XII) A.586(14). considering the design of such equipment, the Administration shall have regard to the specifications recommended by the Organization*.
Oil filtering equipment referred to in paragraph (2) of this Regulation shall be of a design approved by the Administration and shall be such as will ensure that any oil mixture discharged into the sea after passing through the system or systems has an oil content not exceeding 15 parts per million. It shall be provided with alarm arrangements to indicate when this level cannot be maintained. The system shall also be provided with arrangements such as will ensure that any discharge of oil mixtures is automatically stopped when the oil content of the effluent exceeds 15 parts per million. In considering the design of such equipment, the Administration shall have regard to the specification recommended by the Organization*.
For ships delivered before 6 July 1993 the requirements of this Regulation shall apply from 6 July 1998 provided that these ships can operate with oily-water separating equipment (100 ppm equipment).
"(3) Piping to and from sludge tanks shall have no direct connection overboard, other than the standard discharge connection referred to in Regulation 19.".
"(c) in any special area and subject to the provisions of Regulation 11 of this Annex, the discharge into the sea of oil or oily mixture shall be prohibited except when the oil content of the discharge without dilution does not exceed 15 parts per million."
by the deletion of subparagraph (d).
(0.5 bi/B + 0.
but not to exceed 0.
where a centreline longitudinal bulkhead is provided inside the cargo tanks: (0.25 bi/B + 0.
for wing cargo tanks: 0.
where no centreline longitudinal bulkhead is provided: (0.5 bi/B + 0.
where a centreline longitudinal bulkhead is provided: (0.25 bi/B + 0.
bi is the minimum distance from the ship's side to the outer longitudinal bulkhead of the tank in question measured inboard at right angles to the centreline at the level corresponding to the assigned summer freeboard.
Reference is made to the Recommendation on International Performance and Test Specifications for Oily-Water Separating Equipment and Oil Content Meter adopted by the Organization by resolution A.393 (X).
Every oil tanker of 150 tons gross tonnage and above and every ship other than an oil tanker of 400 tons gross tonnage and above shall carry on board a shipboard oil pollution emergency plan approved by the Administration. In the case of ships built before 4 April 1993 this requirement shall apply 24 months after that date.
Organization and written in the working language of the master and officers.
the procedures and point of contact on the ship for coordinating shipboard action with national and local authorities in combating the pollution.
Reference is made to 'Guidelines for the development of shipboard oil pollution emergency plans' to be developed by the Organization.
Reference is made to General Principles for Ship Reporting Systems and Ship Reporting Requirements, including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants, adopted by the Organization by resolution A.648(16).
The list of oil-like noxious substances permitted for carriage, signed, dated and certified by a seal or a stamp of the issuing authority shall be attached.
(6) 'Noxious liquid substance' means any substance designated referred to in Appendix 11 to this Annex or provisionally assessed under the provisions of Regulation 3(4) as failing into Category A, B, C or D.
'Special area' means a sea area where for recognised technical reasons in relation to its oceanographic and ecological condition and to its peculiar transportation traffic the adoption of special mandatory methods for the prevention of sea pollution by noxious liquid substances is required.
The Antarctic area.
"(9A) 'Antarctic area' means the sea area south of latitude 60 de grees S.".
(7) (a) Where an amendment to this Annex and to the International Bulk Chemical Code and the Bulk Chemical Code involves changes to the structure or equipment and fittings due to the upgrading of the requirements for the carriage of certain substances, the Administration may modify or delay for a specified period the application of such an amendment to ships constructed before the date of entry into force of that amendment, if the immediate application of such an amendment is considered unreasonable or impracticable. Such relaxation shall be determined with respect to each substance, having regard to the guidelines developed by the Organization.
The Administration allowing a relaxation of the application of an amendment under this paragraph shall submit to the Organization a report giving details of the ship or ships concerned, the cargoes carried, the trade in which each ship is engaged and the justification for the relaxation, for circulation to the Parties to the Convention for their information and appropriate action, if any.
"(3) Noxious liquid substances carried in bulk which are at present categorized as Category A, B, C or D and subject to the provisions of this Annex are referred to in Appendix II to this Annex.".
(1) The substances listed referred to in Appendix III to this Annex have been evaluated and found to fall outside the Categories Category A, B, C and or D, as defined in Regulation 3(1) of this Annex because they are presently at present considered to present no harm to human health, marine resources, amenities or other legitimate uses of the sea, when discharged into the sea from tank cleaning or deballasting operations operation.
The discharge of bilge or ballast water or other residues or mixtures containing only substances listed referred to in Appendix III to this Annex shall not be subject to any requirement of this Annex.
"The discharge into the sea of substances in Category A as defined in Regulation 3(1)(a) of this Annex or of those provisionally assessed as such or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting residues shall be discharged to a reception facility until the concentration of the substances in the effluent to such facility is at or below the residual concentration prescribed for that substance in column III of Appendix 11 to this Annex 0.1 % by weight and until the tank is empty, with the exception of Phosphorus, yellow or white for which the residual concentration shall be at 0.01% by weight.
Reference is made to Guidelines for the Application of Amendments to the List of Substances in Annex 11 of MARPOL 73/78 and the IBC Code with respect to Pollution Hazards approved by the Marine Environment Protection Committee of the Organization and issued under cover MEPC/Circ.266.
"The discharge into the sea of substances of Category A as defined in Regulation 3(1)(a) of this Annex or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting residues shall be discharged to a reception facility which the States bordering the Special area shall provide in accordance with Regulation 7 of this Annex, until the concentration of the substances in the effluent to such facility is at or below the residual concentration prescribed for that substance in column TV of Appendix II to this Annex 0.05% by weight and until the tank is empty , with the exception of Phosphorus, yellow or white for which the residual concentration shall be 0.005% by weight.
"(14) In respect of the Antarctic area any discharge into the sea of noxious liquid substances or mixtures containing such substances shall be prohibited.".
"(3) If the tank is to be washed in accordance with subparagraph paragraph (2)(a), the effluent from the tank washing operation shall be discharged to a reception facility at least until the concentration of the substance in the discharge, as indicated by analyses of samples of the effluent taken by a surveyor, has fallen to the residual concentration specified for that substance in Appendix II Regulation 5(1) and (7), as applicable, of this Annex. When the required residual concentration has been achieved, remaining tank washings shall continue to be discharged to the reception facility until the tank is empty. Appropriate entries of these operations shall be made in the Cargo Record Book and endorsed by the surveyor referred to under paragraph (1)(a) of this Regulation.".
Regulation 14 of Annex II to the Convention is hereby amended by the substitution in the words preceding subparagraph (a) for the words "designated in Appendix II" of the words "referred to in Appendix II".
A ship when in a port of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by noxious liquid substances.
In the circumstances given in paragraph (1) of this Regulation, the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.
Noxious liquid substances carried in bulk and which are at present categorized as Category A, B, C or D and subject to the provisions of this Annex, are so indicated in the pollution category column of Chapters 17 and 18 of the International Bulk Chemical Code.
Liquid substances carried in bulk which are identified as falling outside Category A, B, C or D and not subject to the provisions of this Annex are indicated as 'III' in the pollution category column of Chapters 17 and 18 of the International Bulk Chemical Code.
Unless expressly provided otherwise, the regulations of this Annex apply to all ships carrying harmful substances in packaged form.
International Maritime Dangerous Goods (IMDG) Code.
1.2 Guidelines for the identification of harmful substances in packaged form are given in the Appendix to this Annex.
The carriage of harmful substances is prohibited, except in accordance with the provisions of this Annex.
To supplement the provisions of this Annex, the Government of each Party to the Convention shall issue, or cause to be issued, detailed requirements on packing, marking, labelling, documentation, stowage, quantity limitations and exceptions for preventing or minimizing pollution of the marine environment by harmful substances.
For the purposes of this Annex, empty packagings which have been used previously for the carriage of harmful substances shall themselves be treated as harmful substances unless adequate precautions have been taken to ensure that they contain no residue that is harmful to the marine environment.
The requirements of this Annex do not apply to ships' stores and equipment.
Packages shall be adequate to minimize the hazard to the marine environment, having regard to their specific contents.
Packages containing a harmful substance shall be durably marked with the correct technical name (trade names alone shall not be used) and, further, shall be durably marked or labelled to indicate that the substance is a marine pollutant. Such identification shall be supplemented where possible by any other means, for example, by use of the relevant United Nations number.
The method of marking the correct technical name and of affixing labels on packages containing a harmful substance shall be such that this information will still be identifiable on packages surviving at least three months' immersion in the sea. In considering suitable marking and labelling, account shall be taken of the durability of the materials used and of the surface of the package. 3. Packages containing small quantities of harmful substances may be exempted from the marking requirements.
Reference is made to the International Maritime Dangerous Goods (IMDG) Code adopted by the Organization by resolution A.716(17) as it has been or may be amended by the Maritime Safety Committee.
In all documents relating to the carriage of harmful substances by sea where such substances are named, the correct technical name of each such substance shall be used (trade names alone shall not be used) and the substance further identified by the addition of the words 'MARINE POLLUTANT'.
The shipping documents supplied by the shipper shall include, or be accompanied by, a signed certificate or declaration that the shipment offered for carriage is properly packaged and marked, labelled or placarded as appropriate and in proper condition for carriage to minimize the hazard to the marine environment.
Each ship carrying harmful substances shall have a special list or manifest setting forth the harmful substances on board and the location thereof. A detailed stowage plan which sets out the location of the harmful substances on board may be used in place of such special list or manifest. Copies of such documents shall also be retained on shore by the owner of the ship or his or her representative until the harmful substances are unloaded. A copy of one of these documents shall be made available before departure to the person or organization designated by the port State authority.
When the ship carries a special list or manifest or a detailed stowage plan, required for the carriage of dangerous goods by the Interna- tional Convention for the Safety of Life at Sea, 1974, as amended, the documents required by this Regulation may be combined with those for dangerous goods. Where documents are combined, a clear distinction shall be made between dangerous goods and harmful substances covered by this Annex.
Harmful substances shall be properly stowed and secured so as to minimize the hazards to the marine environment without impairing the safety of the ship and persons on board.
Reference is made to the specific exemptions provided for in the International Maritime Dangerous Goods (IMDG) Code.
Reference to 'documents' in this Regulation does not preclude the use of electronic data processing (EDP) and electronic data interchange (EDI) transmission techniques as an aid to paper documentation.
Certain harmful substances may, for sound scientific and technical reasons, need to be prohibited for carriage or be limited as to the quantity which may be carried aboard any one ship. In limiting the quantity, due consideration shall be given to size, construction and equipment of the ship, as well as the packaging and the inherent nature of the substances.
Jettisoning of harmful substances carried in packaged form shall be prohibited, except where necessary for the purpose of securing the safety of the ship or saving life at sea.
Subject to the provisions of the present Convention, appropriate measures based on the physical, chemical and biological properties of harmful substances shall be taken to regulate the washing of leakages overboard, provided that compliance with such measures does not impair the safety of the ship and persons on board.
A ship when in a port of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by harmful substances.
In the circumstances given in paragraph 1 of this Regulation, the Party shall take such steps as will ensure that the ship shall not sail until the situation has been brought to order in accordance with the requirements of this Annex.
Procedures relating to the port State control prescribed in Article 5 of the present Convention shall apply to this Regulation.
Nothing in this Regulation shall be construed to limit the rights and obligations of a Party carrying out control over operational requirements specifically provided for in the present Convention.
Reference is made to the Composite List of Hazard Profiles, prepared by the IMO/FAO/UNESCO/ WMO/ WHO/IAEA/UN/UNEP Joint Group of Experts on the Scientific Aspects of Marine Pollution (GESAMP), which is circulated annually by the Organization by means of BCH circulars to all IMO Member States.
Hazard Rating '4' in column B*.
the Skagerrak, the southern limit of which is determined east of the Skaw by latitude 57 degrees 44.
the English Channel and its approaches eastwards of longitude 5 degrees W and northward of latitude 48 degrees 30'N.
The Wider Caribbean Region, as defined in Article 2, paragraph I of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (Cartagena de Indias, 1983), means the Gulf of Mexico and the Caribbean Sea proper including the bays and seas therein and that portion of the Atlantic Ocean within the boundary constituted by the 30 degrees N parallel from Florida eastward to 77 degrees 30 degrees W meridian, thence a rhumb line to the intersection of 20 degrees N parallel and 59 degrees W meridian, thence a thumb line to the intersection of 7 degrees 20'N parallel and 50 degrees W meridian. thence a rhumb line drawn south-westerly to the eastern boundary of French Guiana.
"(b) disposal into the sea of food wastes shall except as provided in subparagraph (c) be made as far as practicable from land, but in any case not less than 12 nautical miles from the nearest land."
"(c) disposal into the Wider Caribbean Region of food wastes which have been passed through a comminuter or grinder shall be made as far as practicable from land, but in any case not subject to Regulation 4 not less than 3 nautical miles from the nearest land. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 millimetres."
The concentration of a substance which will, within the specified time (generally 96 hours), kill 50% of the exposed group of test organisms. LC 50 is often specified in mg/l (parts per million (ppm)).
The Government of each Party to the Convention whose ports are used by ships departing en route to or arriving from the Antarctic area undertakes to ensure that as soon as practicable adequate facilities are provided for the reception of all garbage from all ships, without causing undue delay, and according to the needs of the ships using them.
The Government of each Party to the Convention shall ensure that all ships entitled to fly its flag, before entering the Antarctic area, have sufficient capacity on board for the retention of all garbage while operating in the area and that agreements have been concluded to discharge such garbage at a reception facility after leaving the area.
"(c) the accidental loss of synthetic fishing nets or synthetic material incidental to the repair of such nets, provided that all reasonable precautions have been taken to prevent such loss.".
A ship when in a port of another Party is subject to inspection by officers duly authorized by such Party concerning operational requirements under this Annex, where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of pollution by garbage.
<fn>GOV-ZA.17579En.2012-02-10.en.txt</fn>
Small Claims Courts deal with civil matters where the claim is less than R12 000.00 They exist to make the court process quicker and cheaper.
There is a fee of approximately R15 to use the Court and there are no lawyers involved, so there are no lawyer's fees. If you want to, you can get legal advice before going to court. Legal assistants and clerks of the Small Claims Courts will assist you free of charge.
Individuals can institute claims in the court, but companies can't.
Any of the official languages can be used in the court.
The case is not heard by a Judge or Magistrate, but rather by a Commissioner, who hears each side of the story and asks questions.
The Small Claims Court does not hear divorce cases.
There is no appeal against the decision of the Small Claims Court. However, if you think that the Commissioner was biased or unfair, you can ask to have the case reviewed.
Give the other person a written demand giving them 14 days to comply.
After 14 days, institute a claim with the clerk of the Court.
Serve a summons on the other person.
Go to court on the set date with all relevant documents and any witnesses you have.
The hearing is an informal and simple one, and there is no cross examination. The Commissioner will ask all the questions and when they have heard from all parties, will make a decision.
If you need more details, the Department of Justice has a brochure on instituting proceedings in the Small Claims Court.
<fn>GOV-ZA.175bulletinEn.2012-02-10.en.txt</fn>
President Jacob Zuma has noted media reports on allegations about the alleged misuse of public funds by Cooperative Governance and Traditional Affairs Minister Sicelo Shiceka.
President Jacob Zuma today, 16 April 2011, returned from Sanya, Hainan Island in China where he attended the 3rd BRICS Leaders Summit. South Africa was attending the Leaders Summit for the first time as a member since joining the group in December 2010.
President Jacob Zuma will on Saturday, 16 April 2011, attend and deliver the eulogy at the funeral of the late KwaZulu Natal Judge President Herbert Qedusizi Msimang.
South African President Jacob Zuma has asked the South African business community attending the BRICS Business Forum to aggressively take advantage of the opportunities that BRICS offers.
President Jacob Zuma has arrived in Sanya, Hainan Island in China to attend the 3rd BRICS Leaders Summit, which South Africa is attending for the first time as a member.
The President of the Republic of South Africa, H.E. Mr Jacob G. Zuma, has today, 12 April 2011, left the country, leading a high-level South African delegation to the third BRICS Summit in Sanya, Hainan Province in the People's Republic of China (PRC), which will be held on 14 and 15 April 2011.
President Jacob Zuma has returned from his visit to Libya and Mauritania, undertaken as part of the African Union Ad-hoc High Level Committee on Libya aimed at working towards a peaceful solution to the Libyan crisis.
President Jacob Zuma has arrived in Tripoli, Libya together with four Heads of State who are members of the African Union high level panel tasked with finding a solution to the Libyan crisis.
<fn>GOV-ZA.175kgalemamotlanthe2En.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/1999/990326530p1004.
On this Freedom Day, one short month before our second democratic elections, the sense of history is overwhelming. We have gathered in Umtata to celebrate our nation's five years of freedom with you: the people of a region that has helped shape our nation with all the pain and suffering; with all the courage and heroism that have marked our country's path to democracy. That is why, three years ago on Freedom Day, we launched the Presidential Award for Community Initiative.
URL: http://www.info.gov.za/speeches/1998/98b30_instal9811468.
<fn>GOV-ZA.175kgalemamotlantheEn.2012-02-10.en.txt</fn>
while (FilterArray); strDocUrl=strDocUrl+"FilterField"+i+ "="+fieldName+"&FilterValue"+ i+"="+escapeProperly(fieldValue); strDocUrl=strDocUrl.replace("Filter=1&", ""); } else { filterNo=parseInt(arrayField[1]); var arrayValue=strDocUrl.match("&FilterValue"+ filterNo+"=[^&]*"); strTemp="&"+arrayField[0]+arrayValue[0]; strNewFilter="&FilterField"+arrayField[1]+ "="+fieldName+"&FilterValue"+ arrayField[1]+"="+escapeProperly(fieldValue); strDocUrl=strDocUrl.replace(strTemp, strNewFilter); strDocUrl=strDocUrl.replace("Filter=1&", ""); } window.location.href=STSPageUrlValidation(strDocUrl); } function SelectField(view, selectID) { var strDocUrl=window.location.href; var strHash=window.location.hash; var fViewReplaced=false; var pattern=/\#.*/i; strDocUrl=strDocUrl.replace(pattern, ""); viewGuid=GetUrlKeyValue("View", true); pageView=GetUrlKeyValue("PageView", true); if (view.toUpperCase() !=viewGuid.toUpperCase()) { var encodedView=escapeProperly(view); if (encodedView.toUpperCase() !=viewGuid.toUpperCase()) { var pattern=/\[^]*/i; var idxQuery=strDocUrl.indexOf(""); if (idxQuery !=-1) strDocUrl=strDocUrl.replace(pattern,"View="+view); else strDocUrl=strDocUrl+"View="+view; fViewReplaced=true; } } if (!fViewReplaced && (GetUrlKeyValue("SelectedID") !="")) { var selectIDOld=/&SelectedID=[^&]*/gi; strDocUrl=strDocUrl.replace(selectIDOld, ""); selectIDOld=/\SelectedID=[^&]*&/; strDocUrl=strDocUrl.replace(selectIDOld, ""); } strDocUrl=strDocUrl+"&SelectedID="; strDocUrl=strDocUrl+selectID; if (fViewReplaced && (pageView !="")) { strDocUrl=strDocUrl+"&PageView="+pageView; } if (strHash !="") { strDocUrl=strDocUrl+strHash; } SubmitFormPost(strDocUrl); } function FilterField(view, fieldName, fieldValue, selOption) { return FilterFieldV3(view, fieldName, fieldValue, selOption, false); } function FilterFieldV3(view, fieldName, fieldValue, selOption, bReturnUrl) { var strDocUrl=CanonicalizeUrlEncodingCase(window.location.href); var pagedPart=/&Paged=TRUE&p_[^&]*&PageFirstRow=[^&]*/gi; strDocUrl=strDocUrl.replace(pagedPart, ""); viewGuid=GetUrlKeyValue("View", true); if (viewGuid=="") { strDocUrl=StURLSetVar2(strDocUrl, "View", view); viewGuid=view; } if (view.toUpperCase() !=viewGuid.toUpperCase()) { var encodedView=escapeProperly(view); if (encodedView.toUpperCase() !=viewGuid.toUpperCase()) { var pattern=/\[^]*/i; var idxQuery=strDocUrl.indexOf(""); if (idxQuery !=-1) strDocUrl=strDocUrl.replace(pattern,"View="+view); else strDocUrl=strDocUrl+"View="+view; } } var arrayField=strDocUrl.match("FilterField([0-9]+)="+fieldName); if (!arrayField) { var idxQuery=strDocUrl.indexOf(""); if (idxQuery !=-1) strDocUrl=strDocUrl+"&"; else strDocUrl=strDocUrl+""; i=0; do { i++; FilterArray=strDocUrl.match("FilterField"+ i+"=[^&]*"+"&FilterValue"+ i+"=[^&]*"); } while (FilterArray); strDocUrl=strDocUrl+"FilterField"+i+ "="+fieldName+"&FilterValue"+ i+"="+escapeProperly(fieldValue); strDocUrl=strDocUrl.replace("Filter=1&", ""); } else { filterNo=parseInt(arrayField[1]); var arrayValue=strDocUrl.match("&FilterValue"+ filterNo+"=[^&]*"); strTemp="&"+arrayField[0]+arrayValue[0]; strNewFilter="&FilterField"+arrayField[1]+ "="+fieldName+"&FilterValue"+ arrayField[1]+"="+escapeProperly(fieldValue); strDocUrl=strDocUrl.replace(strTemp, strNewFilter); strDocUrl=strDocUrl.replace("Filter=1&", ""); } window.location.href=STSPageUrlValidation(strDocUrl); } function SelectField(view, selectID) { var strDocUrl=window.location.href; var strHash=window.location.hash; var fViewReplaced=false; var pattern=/\#.*/i; strDocUrl=strDocUrl.replace(pattern, ""); viewGuid=GetUrlKeyValue("View", true); pageView=GetUrlKeyValue("PageView", true); if (view.toUpperCase() !=viewGuid.toUpperCase()) { var encodedView=escapeProperly(view); if (encodedView.toUpperCase() !=viewGuid.toUpperCase()) { var pattern=/\[^]*/i; var idxQuery=strDocUrl.indexOf(""); if (idxQuery !=-1) strDocUrl=strDocUrl.replace(pattern,"View="+view); else targetUrl=elm.href+srcUrl+srcSourceUrl; if (isPortalTemplatePage(targetUrl)) window.top.location=STSPageUrlValidation(targetUrl); else window.location=STSPageUrlValidation(targetUrl); } function GoToLink(elm) { if (elm.href==null) return; var ch=elm.href.indexOf("") >=0 "&" : ""; var srcUrl=GetSource(); if (srcUrl !=null && srcUrl !="") srcUrl=ch+"Source="+srcUrl; var targetUrl=elm.href+srcUrl; if (isPortalTemplatePage(targetUrl)) window.top.location=STSPageUrlValidation(targetUrl); else window.location=STSPageUrlValidation(targetUrl); } function GoBack(defViewUrl) { window.location.href=unescapeProperly(GetSource(defViewUrl)); } function ReplyItem(url, threading, guid, subject) { if(threading.length>=504) { var L_ReplyLimitMsg_Text="Cannot reply to this thread. The reply limit has been reached."; alert(L_ReplyLimitMsg_Text); } else { url+="Threading="+threading; url+="&Guid="+guid; url+="&Subject="+subject; GoToPage(url); } } function GoBacktoCurrentIssue(url, issueid) { url+='ID='+issueid; GoToPage(url); } function CatchCreateError(strIgnore1, strIgnore2, strIgnore3) { return true; } function ExportToDatabase(strSiteUrl, strListID, strViewID, fUseExistingDB) { var L_NoWSSClient_Text="To export a list, you must have a Windows SharePoint Services-compatible application and Microsoft Internet Explorer 6.0 or greater."; var L_ExportDBFail_Text="Export to database failed. To export a list, you must have a Windows SharePoint Services-compatible application."; if (browseris.ie5up && browseris.win32) { try { var ExpDatabase; ExpDatabase=new ActiveXObject("SharePoint. ExportDatabase"); if (!ExpDatabase) { alert(L_NoWSSClient_Text); return; } ExpDatabase. SiteUrl=makeAbsUrl(strSiteUrl); ExpDatabase. ListID=strListID; ExpDatabase. ViewID=strViewID; ExpDatabase. DoExport(fUseExistingDB); ExpDatabase=null; } catch(e) { alert(L_ExportDBFail_Text); return; } } else { alert(L_NoWSSClient_Text); } } function ExportList(using) { var L_ExportListSpreadsheet_Text="To export a srchCtlName="SearchString"+ViewGuid; var searchText=frm.elements[srchCtlName].value; if (""==searchText) { var L_Enter_Text="Please enter one or more search words."; alert(L_Enter_Text); frm.elements[srchCtlName].focus(); } else { var strDocUrl; strDocUrl=RemovePagingArgs(frm.action); if (typeof(bGridViewPresent) !="undefined" && bGridViewPresent) strDocUrl=ShowGridUrlInHTML(strDocUrl); frm.action=strDocUrl; frm.submit(); } } function IsKeyDownSubmit(event) { if (event !=null) { var charCode; var bKeyModifiers; if (browseris.ie) { charCode=event.keyCode; bKeyModifiers=event.altKey || event.ctrlKey; } else { charCode=event.which; bKeyModifiers=event.modifers & (event.ALT_MASK | event.CONTROL_MASK); } if ((charCode==13) && !bKeyModifiers) return true; } return false; } function SearchViewKeyDown(guidView) { if (IsKeyDownSubmit(event)) SubmitSearchForView(guidView); } function SearchKeyDown(event, strUrl) { if (IsKeyDownSubmit(event)) { SubmitSearchRedirect(strUrl); return false; } return true; } function AlertAndSetFocus(msg, fieldName) { fieldName.focus(); fieldName.select(); window.alert(msg); } function AlertAndSetFocusForDropdown(msg, fieldName) { fieldName.focus(); window.alert(msg); } function setElementValue(elemName, elemValue) { var elem=document.getElementsByName(elemName).item(0); if (elem==null) return false; elem.value=elemValue; return true; } function GetMultipleSelectedText(frmElem) { if (frmElem) { var strret; strret=""; for(var i=0; i 0) strret=strret.substring(1); return strret; } else return ""; } function GetCBSelectedValues(frm) { if (frm==null) return; var value=new Object(); value.strList=""; value.fAllChecked=true; for (var i=0;i 0) { frm.action=frm.action.substr(0, frm.action.indexOf("#")); } frm.action=frm.action.concat("#"+anchor); frm.submit(); return false; } } if (typeof(HideQuotedText)=="undefined") { function HideQuotedText(guid, anchor) { var frm=document.forms[MSOWebPartPageFormName]; var reg=new RegExp("\{", "g")?
|| ((itemTable==null) && (currentItemCheckedOutUserId==null))|| (ctx.isVersions==1 && (itemTable==null || itemTable.isMostCur=="0"))) { try { if ((currentItemCheckedOutUserId !=null) && (currentItemCheckedOutUserId !="") && (currentItemCheckedOutUserId==ctx. CurrentUserId || ctx. CurrentUserId==null)) { if (currentItemCheckedoutToLocal=='1') { alert(L_OpenDocumentLocalError_Text); fRet=false; } else fRet=stsOpen. EditDocument2(window, szHref, szAppId); } else { fRet=stsOpen. ViewDocument2(window, szHref, szAppId); } } catch(e) { fRet=false; } if (fRet) window.onfocus=RefreshOnNextFocus; } else { var iOpenFlag=0; if (currentItemCheckedOutUserId !="") { if ((currentItemCheckedOutUserId !=ctx. CurrentUserId) && (ctx. CurrentUserId !=null)) iOpenFlag=1; else if (currentItemCheckedoutToLocal==null || currentItemCheckedoutToLocal !='1') iOpenFlag=2; else iOpenFlag=4; } else if (!HasRights(0x0, 0x4) || FDefaultOpenForReadOnly(szExt)) iOpenFlag=1; else if (ctx.isForceCheckout==true) iOpenFlag=3; try { fRet=stsOpen. ViewDocument3(window, szHref, iOpenFlag, szAppId); } catch(e) { fRet=false; } if (fRet) { var fRefreshOnNextFocus=stsOpen. PromptedOnLastOpen(); if (fRefreshOnNextFocus) window.onfocus=RefreshOnNextFocus; else SetWindowRefreshOnFocus(); } } } else if (currentItemCheckedoutToLocal=='1') { alert(L_OpenDocumentLocalError_Text); } if (stsOpen==null || !fRet) { if (fTransformServiceOn=='TRUE' && fShouldTransformExtension=='TRUE' && fTransformHandleUrl=='TRUE') { if (itemTable==null) return fRet; if (browseris.ie) { event.cancelBubble=true; event.returnValue=false; } var getHttpRoot=new Function("return "+itemTable.getAttribute("CTXName")+". HttpRoot;"); GoToPage(getHttpRoot()+"/_layouts"+ "/htmltrverify.aspxdoc="+escapeProperly(szHref)); } return; } stsOpen=null; if (browseris.ie) { event.cancelBubble=true; event.returnValue=false; } return fRet; } function DispDocItemEx2(ele, objEvent, fTransformServiceOn, fShouldTransformExtension, fTransformHandleUrl, strHtmlTrProgId, httpFolderDiv.addBehavior('#default#httpFolder'); } if (httpFolderDiv.readyState=="complete") { httpFolderDiv.onreadystatechange=null; try { var targetFrame=document.frames.item(httpFolderTarget); if (targetFrame !=null) { targetFrame.document.body.innerText= L_WebFoldersRequired_Text; } } catch (e) {} var isOk=false; try { var ret=""; ret=httpFolderDiv.navigateFrame(httpFolderSource, httpFolderTarget); if (ret=="OK") isOk=true; } catch (e) { } if (!isOk && 0==httpFolderSource.search("http://[a-zA-Z0-9\-\.]+(:80)/")) { var sUrl=httpFolderSource. replace(/http:\/\/([a-zA-Z0-9\-\.]+)(:80)[\/]/, "//$1/"). replace(/[\/]/g, "\\"); var targetFrame=document.frames.item(httpFolderTarget); if (targetFrame !=null) { try { targetFrame.onload=null; targetFrame.document.location.href=sUrl; isOk=true; } catch (e) { } } } if (!isOk) { alert(L_WebFoldersError_Text); } } } function NavigateHttpFolder(urlSrc, frameTarget) { if ('/'==urlSrc.charAt(0)) { urlSrc=document.location.protocol+"//"+document.location.host+ urlSrc; } httpFolderSource=urlSrc; httpFolderTarget=frameTarget; NavigateHttpFolderCore(); } function NavigateHttpFolderIfSupported(urlSrc, frameTarget) { if (SupportsNavigateHttpFolder()) { NavigateHttpFolder(urlSrc, frameTarget); } else { alert(L_WebFoldersError_Text); window.history.back(); } } function SupportsNavigateHttpFolder() { return (browseris.ie5up && browseris.win32); } cGCMinimumWidth=400; cGCMinimumHeight=200; cGCMaxGCResizeCount=10; var glGCObjectHeight=0; var glGCObjectWidth=0; glGCResizeCounter=0; function TestGCObject(GCObject) { if (((browseris.ie55up) && (typeof(GCObject)=="undefined")) || (GCObject==null) || (GCObject.object==null)) return false; return true; } function GCComputeSizing(GCObject) { if (TestGCObject(GCObject)) { var fBIDI=(document.documentElement.currentStyle.direction=="rtl"); var lGCWindowWidth=document.documentElement.scrollWidth; var lGCWindowHeight=document.documentElement.scrollHeight; var lGCObjectOffsetLeft=0; var str=elm.getAttribute(strSearch); } return elm; } function OnLinkDeferCall(elm) { if (!IsMenuEnabled()) return false; elm.onblur=OutItem; elm.onkeydown=PopMenu; var elmTmp=FindSTSMenuTable(elm, "CTXName"); if (elmTmp==null) return false; OnItem(elmTmp); return false; } function StartDeferItem(elm) { if (elm !=itemTable) { itemTableDeferred=elm; elm.onmouseout=EndDeferItem; elm.onclick=DeferredOnItem; elm.oncontextmenu=DeferredOnItem; } } function DeferredOnItem(e) { var elm=itemTableDeferred; if (elm !=null) { MenuHtc_hide(); OnItem(elm); CreateMenu(e); return false; } } function EndDeferItem() { var elm=itemTableDeferred; if (elm !=null) { itemTableDeferred=null; elm.onmouseout=null; elm.onclick=null; elm.oncontextmenu=null; } } function GetFirstChildElement(e) { for (var i=0; i =0; i--) { if (e.childNodes[i].nodeType==1) return e.childNodes[i]; } return null; } function OnItemDeferCall(elm) { if (!IsMenuEnabled()) return false; if (IsMenuOn()) { StartDeferItem(elm); return false; } if (itemTable !=null) OutItem(); itemTable=elm; currentItemID=GetAttributeFromItemTable(itemTable, "ItemId", "Id"); var createCtx=new Function("setupMenuContext("+itemTable.getAttribute("CTXName")+");"); createCtx(); var ctx=currentCtx; if (browseris.nav6up) itemTable.className="ms-selectedtitlealternative"; else itemTable.className="ms-selectedtitle"; if (browseris.ie5up && !browseris.ie55up) { itemTable.onclick=EditMenuDefaultForOnclick; itemTable.oncontextmenu=EditMenuDefaultForOnclick; } else { itemTable.onclick=CreateMenu; itemTable.oncontextmenu=CreateMenu; } itemTable.onmouseout=OutItem; var titleRow; titleRow=GetFirstChildElement(GetFirstChildElement(itemTable)); if (titleRow !=null) { imageCell=GetLastChildElement(titleRow); } if (ctx.listTemplate==200) { if (itemTable.getAttribute("menuType")=="Orphaned") downArrowText=L_Reschedule_Text; } else downArrowText=L_Edit_Text; var imageTag=GetFirstChildElement(imageCell); imageTag.src=ctx.imagesPath+"menudark.gif"?
strAction="DownloadOriginalImage("+currentItemID+")"; strImagePath=ctx.imagesPath+"download.gif"; strDisplayText=L_DownloadOriginal_Text; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 550); menuOption.id="ID_DownloadOriginal"; } if (HasRights(0x0, 0x4)) { if ((ctx.isModerated==true) && (((currentItemModerationStatus==2) || !ctx. EnableMinorVersions) && currentItemCheckedOutUserId=="" ||currentItemFSObjType==1)) { strDisplayText=L_ModerateItem_Text; strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/approve.aspxList="+ctx.listName +"&ID="+currentItemID+"&Source="+GetSource()+GetRootFolder(ctx)+"')"; strImagePath=ctx.imagesPath+"apprj.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1150); menuOption.id="ID_ModerateItem"; } if (currentItemFSObjType !=1) { if (ctx.listBaseType==1) { CAMSep(m); AddCheckinCheckoutMenuItem(m, ctx, currentItemEscapedFileUrl); } } } if (ctx.verEnabled==1 || ctx.isModerated) AddVersionsMenuItem(m, ctx, currentItemEscapedFileUrl); if (currentItemFSObjType !=1) { AddWorkflowsMenuItem(m, ctx); CAMSep(m); if (ctx. PortalUrl !=null) { strDisplayText=L_AddToMyLinks_Text; strAction="Portal_Tasks('PinToMyPage')"; ; strImagePath=""; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1000); menuOption.id="ID_AddToMyLinks"; CAMSep(m); } } else if (ctx.listBaseType==1 && HasRights(0x10, 0x0)) { AddWorkOfflineMenuItem(m, ctx, currentItemFileUrl); } if (HasRights(0x80, 0x0)) { strDisplayText=L_Subscribe_Text; strAction="NavigateToSubNewAspx('"+ctx. HttpRoot+"', 'List="+ctx.listName+"&ID="+currentItemID+"')"; strImagePath=""; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1100); menuOption.id="ID_Subscribe"; } if (currentItemFSObjType==1 && ctx. ContentTypesEnabled && ctx.listTemplate !=108) { strDisplayText=L_CustomizeNewButton_Text?
strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/ChangeContentTypeOrder.aspxList="+ctx.listName+"&RootFolder="+currentItemEscapedFileUrl+"&Source="+GetSource()+"')"; strImagePath=""; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1170); menuOption.id="ID_CustomizeNewButton"; } } function AddManagePermsMenuItem(m, ctx, listId, url) { if(!HasRights(0x40000000, 0x0) || currentItemIsEventsExcp) return; strDisplayText=L_MngPerms_Text; strAction="NavigateToManagePermsPage('"+ctx. HttpRoot+"', '"+listId+"','"+url+"')"; strImagePath=ctx.imagesPath+"manageperm.gif"; var menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 250); menuOption.id="ID_MngPerms"; } function AddGotoSourceItemMenuItem(m, ctx, itemTable, objtype) { if (objtype !=1 && typeof(itemTable.getAttribute("CSrc")) !="undefined" && itemTable.getAttribute("CSrc") !=null && itemTable.getAttribute("CSrc") !="") { strDisplayText=L_GoToSourceItem_Text; strAction="NavigateToSourceItem('"+itemTable.getAttribute("CSrc")+"')"; strImagePath=ctx.imagesPath+"goToOriginal.gif"; var menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 340); menuOption.id="ID_GoToSourceItem"; } } function AddCheckinCheckoutMenuItem(m, ctx, url) { var menuOption; if(!HasRights(0x0, 0x4)) return; if (currentItemCheckedOutUserId==null) currentItemCheckedOutUserId=itemTable.getAttribute("COUId"); if (currentItemCheckedOutUserId !="") { if(currentItemCheckedOutUserId==ctx. CurrentUserId || ctx. CurrentUserId==null || HasRights(0x0, 0x100)) { strDisplayText=L_Checkin_Text; strAction="NavigateToCheckinAspx('"+ctx. HttpRoot+"', 'List="+ctx.listName+"&FileName="+url+"')"; strImagePath=ctx.imagesPath+"checkin.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 700); menuOption.id="ID_Checkin"; strDisplayText=L_DiscardCheckou_Text; strAction="UnDoCheckOut('"+ctx. HttpRoot+"', '"+url+"')"; strImagePath=ctx.imagesPath+"unchkout.gif"; menuOption=CAMOpt(m, strDisplayText, strAction?
NavigateToCheckinAspx(strHttpRoot, "FileName="+strUrl+"&DiscardCheckout=true"); } function UnPublish(strHttpRoot, strArgs, bCancelApproval) { var strAlert=L_UnPublishWarning_Text; if (bCancelApproval) strAlert=L_CancleApproval_TEXT; if (!confirm(strAlert)) return; NavigateToCheckinAspx(strHttpRoot, strArgs) } function NavigateToCheckinAspx(strHttpRoot, strArgs) { SubmitFormPost(strHttpRoot+"/_layouts"+ "/Checkin.aspx"+strArgs+"&Source="+GetSource()); } function NavigateToManagePermsPage(strHttpRoot, strListId, strFileRef) { var strObjType=",LISTITEM"; STSNavigate(strHttpRoot+ "/_layouts/User.aspxobj="+strListId+","+strFileRef+strObjType+ "&List="+strListId+ "&Source="+GetSource()); } function NavigateToSourceItem(url) { var match=url.match(/[^\/]*\/\/[^\/]*/g); var serverUrl=match[0]; url=escapeProperly(url); STSNavigate(serverUrl+"/_layouts/copyutil.aspxGoToDispForm=1&Use=url&ItemUrl="+url); } function setDocType() { var strArray; strArray=GetAttributeFromItemTable(itemTable, "Icon", "DocIcon").split("|"); currentItemIcon=strArray[0]; currentItemAppName=strArray[1]; currentItemOpenControl=strArray[2]; currentItemProgId=GetAttributeFromItemTable(itemTable, "Type", "HTMLType"); } function DeleteListItem() { if (! IsContextSet()) return; var ctx=currentCtx; var ciid=currentItemID; if (confirm(ctx. RecycleBinEnabled L_STSRecycleConfirm_Text : L_STSDelConfirm_Text)) { SubmitFormPost(ctx. HttpPath+"&Cmd=Delete&List="+ctx.listName+ "&ID="+ciid+"&NextUsing="+GetSource()); } } function DeleteDocLibItem(delUrl, isCopy) { if (! IsContextSet()) return; var strConfirm=(currentItemFSObjType==1) (ctx. RecycleBinEnabled L_STSRecycleConfirm1_Text : L_STSDelConfirm1_Text) : (ctx. RecycleBinEnabled L_STSRecycleConfirm_Text : L_STSDelConfirm_Text); if (isCopy && currentItemFSObjType !=1) strConfirm=L_NotifyThisIsCopy_Text+strConfirm; if (confirm(strConfirm)) SubmitFormPost(delUrl); } function EditMenuDefaultForOnclick() { if (! IsContextSet()) return; var ctx=currentCtx; if return; } loadingFilterMenu._onDestroy=null; OMenu(currentFilterMenu, filterTable, null, null, -1); currentFilterMenu._onDestroy=OnMouseOutFilter; } function OnClickFilter(obj, e) { var o=FindSTSMenuTable(obj, "CTXNum"); if (o !=null && o.getAttribute("SortFields") !=null) { var strSortFields=o.getAttribute("SortFields"); var url=GetUrlWithNoSortParameters(strSortFields); url=RemovePagingArgs(url); if (url.indexOf("") 0) { var index2=filterHTML.lastIndexOf('\"', index - 1); if (index2 > 0) { strFilterUrl=filterHTML.substring(index2+1, index); strFilterUrl=strFilterUrl.replace(/&/g, "&"); } } if (strMenuText.length > 40) strMenuText=strMenuText.substring(0, 40)+""; if (strMenuText.length > 0) CAMOpt(currentFilterMenu, strMenuText, strFilterUrl); } index=i; i=filterHTML.indexOf(select, i+8); } } else { var mi=CAMOpt(currentFilterMenu, L_NotFilterable_Text, ""); mi.setAttribute("enabled", "false"); OMenu(currentFilterMenu, filterTable, null, null, -1); return; } loadingFilterMenu._onDestroy=null; OMenu(currentFilterMenu, filterTable, null, null, -1); currentFilterMenu._onDestroy=OnMouseOutFilter; } function OnClickFilter(obj, e) { var o=FindSTSMenuTable(obj, "CTXNum"); if (o !=null && o.getAttribute("SortFields") !=null) { var strSortFields=o.getAttribute("SortFields"); var url=GetUrlWithNoSortParameters(strSortFields); url=RemovePagingArgs(url); if (url.indexOf("") < 0) url+=""; else url+="&"; SubmitFormPost(url+strSortFields); } if (!bIsFileDialogView) e.cancelBubble=true; return false; } function ToggleSelectionAllUsers(viewCounter) { var chkToggle=document.getElementById("spToggleUserSelectionCheckBox_"+viewCounter.toString()); if (chkToggle !=null) { var name="spUserSelectionCheckBox_"+viewCounter.toString(); var users=document.getElementsByName(name); chkToggle.checked=!chkToggle.checked; for (var i=0; i 0) { var index2=filterHTML.lastIndexOf('\"', index - 1); if (index2 > 0) { strFilterUrl=filterHTML.substring(index2+1, index)?
} } function onKeyUpRw(editorClientID) { copyUplevelToHidden(editorClientID); } function onMouseDownRw() { if (event.button==2) g_oSelRw=document.selection.createRange(); } function onContextMenuSpnRw() { var oSO=g_oSelRw; var oS=document.selection.createRange(); if (oSO.text=='') { ret=onClickRw(false, false); } else { if(oSO.inRange(oS)) oSO.select(); else onClickRw(false, false); } return false; } function canEvt(e) { if(e==null) e=event; e.returnValue=false; e.cancelBubble=true; } function copyUplevelToHidden(editorClientID) { if (document.getElementById(editorClientID)==null) return; updateControlValue(editorClientID); var uplevel=document.getElementById(getSubControlID(editorClientID, g_EntityEditorUpLevelId)); var hidden=document.getElementById(getSubControlID(editorClientID, g_EntityEditorHiddenId)); var children=uplevel.childNodes; for (i=0; i 0) { var index2=filterHTML.lastIndexOf('\"', index - 1); if (index2 > 0) { strFilterUrl=filterHTML.substring(index2+1, index); strFilterUrl=strFilterUrl.replace(/&/g, "&"); } } if (strMenuText.length > 40) strMenuText=strMenuText.substring(0, 40)+""; if (strMenuText.length > 0) CAMOpt(currentFilterMenu, strMenuText, strFilterUrl); } index=i; i=filterHTML.indexOf(select, i+8); } } else { var mi=CAMOpt(currentFilterMenu, L_NotFilterable_Text, ""); mi.setAttribute("enabled", "false"); OMenu(currentFilterMenu, filterTable, null, null, -1); return; } loadingFilterMenu._onDestroy=null; OMenu(currentFilterMenu, filterTable, null, null, -1); currentFilterMenu._onDestroy=OnMouseOutFilter; } function OnClickFilter(obj, e) { var o=FindSTSMenuTable(obj, "CTXNum"); if (o !=null && o.getAttribute("SortFields") !=null) { var strSortFields=o.getAttribute("SortFields"); var url=GetUrlWithNoSortParameters(strSortFields); url=RemovePagingArgs(url); if (url.indexOf("") < 0) url+=""; else url+="&"; SubmitFormPost(url+strSortFields); } if (!bIsFileDialogView) e.cancelBubble=true; return false; } functio?
ToggleSelectionAllUsers(viewCounter) { var chkToggle=document.getElementById("spToggleUserSelectionCheckBox_"+viewCounter.toString()); if (chkToggle !=null) { var name="spUserSelectionCheckBox_"+viewCounter.toString(); var users=document.getElementsByName(name); chkToggle.checked=!chkToggle.checked; for (var i=0; i < users.length; i++) { var chkBox=users[i]; chkBox.checked=chkToggle.checked; } var imageId="cbxUserSelectAll"+viewCounter.toString(); var img=document.getElementById(imageId); if (img !=null) { if (chkToggle.checked) img.src='/_layouts/images/checkall.gif'; else img.src='/_layouts/images/unchecka.gif'; } } } function UserSelectionOnClick(chk, viewCounter) { var imageId="cbxUserSelectAll"+viewCounter.toString(); var img=document.getElementById(imageId); var chkToggle=document.getElementById("spToggleUserSelectionCheckBox_"+viewCounter.toString()); if (!chk.checked) { if (chkToggle !=null) { chkToggle.checked=false; } if (img !=null) { img.src='/_layouts/images/unchecka.gif'; } } else { var name="spUserSelectionCheckBox_"+viewCounter.toString(); var users=document.getElementsByName(name); var bAllChecked=true; for (var i=0; i < users.length; i++) { var chkBox=users[i]; if (!chkBox.checked) { bAllChecked=false; break; } } if (bAllChecked) { if (img) img.src='/_layouts/images/checkall.gif'; if (chkToggle) chkToggle.checked=true; } } } var g_menuCounter=0; var g_oSelRw=null; var g_iEntityEditorLineHeight=16; var g_EntityEditorHiddenEntityKeyId="HiddenEntityKey"; var g_EntityEditorHiddenEntityDisplayTextId="HiddenEntityDisplayText"; var g_EntityEditorShowEntityDisplayTextInTextBox="ShowEntityDisplayTextInTextBox"; var g_EntityEditorDownLevelId="downlevelTextBox"; var g_EntityEditorUpLevelId="upLevelDiv"; var g_EntityEditorHiddenId="hiddenSpanData"; var g_EntityEditorCheckNamesId="checkNames"; var g_EntityEditorOuterTableId="OuterTable"; var g_EntityEditorErrorLabelId="errorLabel"; var g_EntityEditorResultTableId="resultTable"; var hidden.value=uplevel.innerHTML; } else { var downlevel=document.getElementById(getSubControlID(editorClientID, g_EntityEditorDownLevelId)); hidden.value=downlevel.value; } } function getUplevel(editorClientID) { if (EntityEditor_UseContentEditableControl) { var uplevel=document.getElementById(getSubControlID(editorClientID, g_EntityEditorUpLevelId)); var children=uplevel.childNodes; for (i=0; i 0) return true; } else { var downlevel=document.getElementById(getSubControlID(editorClientID, g_EntityEditorDownLevelId)); if (downlevel.value !=null && downlevel.value.length > 0) return true; } return false; } function EEDecodeSpecialChars(str) { var decodedStr=str.replace(/"/g, "\""); decodedStr=decodedStr.replace(/>/g, ">"); decodedStr=decodedStr.replace(/</g, " menuOwner.parentElement.getBoundingClientRect().right) menuOwner=menuOwner.parentElement; var clientID=oPPE.parentElement.id.replace('_upLevelDiv', ''); var keyRawValue=oDivEntityData.getAttribute('key'); var menu=DeferCall('CMenu', 'Entity_Menu'+g_menuCounter); g_menuCounter++; var morematches=null; if (matches[clientID] !=null && matches[clientID][keyRawValue] !=null) morematches=matches[clientID][keyRawValue]; var EE=document.getElementById(clientID); var moreItemsText=EE.getAttribute('MoreItemsText'); var removeText=EE.getAttribute('RemoveText'); var noMatchesText=EE.getAttribute('NoMatchesText'); if(morematches==null || morematches.childNodes.length==0) CAMOpt(menu, noMatchesText); else { for (x=0; x menuOwner.parentElement.getBoundingClientRect().right) menuOwner=menuOwner.parentElement; var clientID=oPPE.parentElement.id.replace('_upLevelDiv', ''); var keyRawValue=oDivEntityData.getAttribute('key'); var menu=DeferCall('CMenu', 'Entity_Menu'+g_menuCounter); g_menuCounter++; var morematches=null; if (matches[clientID] !=null && matches[clientID][keyRawValue] !=null) morematches=matches[clientID][keyRawValue]; var EE=document.getElementById(clientID); var moreItemsText=EE.getAttribute('MoreItemsText'); var newKeys=getEntityKeysFromElement(elementId); var shouldPostBack=false; if(autoPostBackEnabled(elt)) { if((oldKeys==null && newKeys!=null) || (oldKeys!=null && newKeys==null) || (oldKeys.length !=newKeys.length)) { shouldPostBack=true; } else { for(i=0;!shouldPostBack&&i 0 && self.doClickOK !=null && typeof(self.doClickOK)=="function") { window.setTimeout('doClickOK();', 100); } } if (e.keyCode==40 || e.keyCode==38) { var row=table.rows[1]; if (e.keyCode==40) { if (lastSelected !=null && IsSearchResultRow(lastSelected.nextSibling)) { row=lastSelected.nextSibling; } } if (e.keyCode==38) { if (lastSelected !=null && IsSearchResultRow(lastSelected.previousSibling)) { row=lastSelected.previousSibling; } if (row==table.rows[0]) row=table.rows[1]; } if (IsSearchResultRow(row)) { if(multiselect==true && e.shiftKey) addSelection(row, false, true); else addSelection(row, true, true); if(row!=null) lastSelected=row; if(multiselect==false) addSelected_Click(); return false; } } PickerDialogUpdateAddSelectionButton(); } function addSelection(row, clear, reposition) { if(row==null) return; 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oInnerDiv.style.overflow="visible"; } else { if (browseris.ie) { if (widthTooBig) { oPopup.style.width=nRealWidth+"px"; oInnerDiv.style.width=nRealWidth+"px"; oInnerDiv.style.overflowX="scroll"; } else { oInnerDiv.style.width=nRealWidth+"px"; oInnerDiv.style.overflowX="visible"; } if (heightTooBig) { oPopup.style.height=nRealHeight+"px"; oInnerDiv.style.height=nRealHeight+"px"; oInnerDiv.style.overflowY="scroll"; } else { oInnerDiv.style.height=nRealHeight+"px"; oInnerDiv.style.overflowY="visible"; } } else { oPopup.style.height=nRealHeight+"px"; oInnerDiv.style.height=nRealHeight+"px"; oPopup.style.width=nRealWidth+"px"; oInnerDiv.style.width=nRealWidth+"px"; oInnerDiv.style.overflow="auto"; } } nRealWidth=oPopup.scrollWidth+oPopup.offsetWidth - oPopup.clientWidth; nRealHeight=oPopup.scrollHeight+oPopup.offsetHeight - oPopup.clientHeight; var EdgeLeft=0; var EdgeRight=maxWidth; var ParentLeft=0; var EdgeTop=0; var ParentTop=0; var oCurrent=oParent; if (browseris.safari) { if (oCurrent.tagName=="TR" && oCurrent.childNodes.length > 0) oCurrent=oCurrent.childNodes[0]; } var p=MenuHtc_GetElementPosition(oCurrent); ParentLeft=p.x; ParentTop=p.y; var nParentWidth; if (fTopLevel) { nParentWidth=p.width; ParentTop+=p.height; ParentTop -=1; } else { nParentWidth=p.width+1; } var fTryGoDefault=!fFlipTop && !document.body.getAttribute("flipped"); var fFlippedDefault, fFlippedNonDefault; var xDefault, xFlipped; if (!oMaster._fIsRtL) { var MenuRightDefault; var MenuLeftFlipped; if (fTopLevel) { xDefault=ParentLeft; MenuRightDefault=ParentLeft+nRealWidth; MenuLeftFlipped=ParentLeft+nParentWidth - nRealWidth; } else { xDefault=ParentLeft+nParentWidth; MenuRightDefault=ParentLeft+nParentWidth+nRealWidth; MenuLeftFlipped=ParentLeft - nRealWidth; } xFlipped=MenuLeftFlipped; fFlippedDefault=MenuRightDefault > EdgeRight && MenuLeftFlipped > EdgeLeft; fFlippedNonDefault=!
<fn>GOV-ZA.176bulletinEn.2012-02-10.en.txt</fn>
The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), was approved by the Constitutional Court (CC) on 4 December 1996 and took effect on 4 February 1997.
The Constitution is the supreme law of the land.
No other law or government action can supersede the provisions of the Constitution.
South Africa's Constitution is one of the most progressive in the world, and enjoys high acclaim internationally.
The Union Buildings in Pretoria have been the venue for the inauguration of South Africa's first democratically elected presidents: Nelson Mandela on 27 April 1994 and Thabo Mbeki on 16 June 1999. The Union Buildings, which have become a symbol of unity in South Africa, were designed by Sir Herbert Baker and completed in 1913.
build a united and democratic South Africa able to take its rightful place as a sovereign State in the family of nations.
Parliament is the legislative authority of South Africa and has the power to make laws for the country in accordance with the Constitution. It consists of the National Assembly and the National Council of Provinces (NCOP). Parliamentary sittings are open to the public.
The National Assembly consists of no fewer than 350 and no more than 400 members elected through a system of proportional representation. The National Assembly, which is elected for a term of five years, is presided over by a Speaker, assisted by a Deputy Speaker.
The NCOP also has a website, NCOP Online! (http://www.parliament.gov.za/ncop), which links Parliament to the provincial legislatures and local government associations.
The President is the Head of State and leads the Cabinet. He or she is elected by the National Assembly from among its members, and leads the country in the interest of national unity, in accordance with the Constitution and the law.
The President of South Africa is Mr Thabo Mbeki.
The President appoints the Deputy President from among the members of the National Assembly. The Deputy President must assist the President in executing government functions. South Africa's Deputy President is Mr Jacob Zuma.
The President may select any number of Ministers from among the members of the National Assembly, and may select no more than two Ministers from outside the Assembly.
The President may appoint Deputy Ministers from among the members of the National Assembly.
Thabo Mbeki was born on 18 June 1942 in Idutywa, Queenstown. He joined the ANC Youth League at the age of 14 and in 1961 was elected Secretary of the African Students' Association. He was involved in underground activities after the banning of the ANC in 1960 until he left South Africa in 1962. He continued his studies in the United Kingdom (UK) and obtained his MA (Economics) at the University of Sussex. While in the UK, he mobilised the international student community against apartheid and worked at the London office of the ANC for several years. He also underwent military training in the then Soviet Union. From 1973 he worked in Botswana, Swaziland, Nigeria and Lusaka and became a member of the ANC's National Executive Commitee in 1975. Between 1984 and 1989 he was Director of the ANC's Department of Information. He led the organisation's delegations which met groups from inside South Africa in Dakar, Senegal and elsewhere. In 1989 he headed the delegation that held talks with the apartheid Government, which led to agreements on the unbanning of political organisations and the release of political prisoners. He also participated in negotiations preceding the adoption of South Africa's interim Constitution in 1993. Following the first democratic election in 1994, Thabo Mbeki was appointed Executive Deputy President. In 1997, he was elected President of the ANC and in June 1999, after the country's second democratic election, he succeeded Nelson Mandela as President of South Africa.
The Directorate is involved in the issue of the constitutional position of Khoisan communities. Following initiatives by the Griqua people, the National Griqua Forum was established. Another milestone was the establishment of the National Khoisan Council in May 1999. The main aim of the Council is to assist government with the investigation of constitutional issues relating to Khoisan communities. Together with and with the approval of the National Khoisan Council, and in collaboration with communities concerned, a phased research process was adopted to investigate how best to constitutionally promote and protect the rights of Khoisan communities. The research ultimately culminated in a consolidated report from which policy on the Khoisan will be finalised.
Sport and Recreation become commissioners of oath. This brings justice services closer to communities. The granting of these powers to traditional leaders was a result of constant requests by the public, especially in rural areas. The most common problem expressed was the long distances and high traveling expenses incurred to access such services.
Section 81 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), was amended during 2000, which provides enhanced representation of traditional leaders in the municipal councils from 10% to 20%.
The National House of Traditional Leaders was established in April 1997. Each provincial House of Traditional Leaders nominated three members to be represented in the National House, which then elected its own officebearers.
The National House advises national government on the role of traditional leaders and on customary law. It may also conduct its own investigations and advise the country's President on request.
For the financial year 2000/01, the President determined a 5% increment in the remuneration of traditional leaders and members of the National and Provincial Houses of Traditional Leaders. This was done after consultation with Premiers of the provinces concerned.
The Volkstaat Council was dissolved and the Volkstaat Council Act, 1994 (Act 30 of 1994), repealed through Presidential Proclamation on 30 April 2001.
In accordance with the Constitution, each of the nine provinces has its own legislature consisting of between 30 and 80 members. The number of members is determined in terms of a formula set out in national legislation. The members are elected in terms of proportional representation.
The Executive Council of a province consists of a Premier and a number of members. The Premier is elected by the Provincial Legislature.
Decisions are taken by consensus, as happens in the national Cabinet. Besides being able to make provincial laws, a provincial legislature may adopt a constitution for its province if twothirds of its members agree. However, a provincial constitution must correspond with the national Constitution as confirmed by the CC.
<fn>GOV-ZA.176directoreralelroyafrica2En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.176directoreralelroyafricaEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1772En.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2008/08102915451002.
Comrades that we are honouring today ' Florence Moposho, Richard Baloyi, Reverend Sam Buti, Alfred Nzo, Josias Madzunya, Vincent Tshabalala and Mishack Kunene ' joined politics inspired by the vision for a just South Africa where all our people have equal rights, regardless of race or gender. Allow me also to take this opportunity to applaud the Vincent Tshabalala Education Trust for its endeavour to help unleash the potential of young people in Alexandra through education.
URL: http://www.info.gov.za/speeches/2008/08102908451001.
URL: http://www.info.gov.za/speeches/2008/08103115151001.
Stop everything at 12h00 on World AIDS Day, and let's talk as a nation about preventing the spread of the human immunodeficiency virus (HIV) and tuberculosis (TB), calls the South African National AIDS Council (SANAC). Church bells will ring for a minute's silence at noon on World AIDS Day Monday December 1st.
<fn>GOV-ZA.17757En.2012-02-10.en.txt</fn>
Boys under 18 and girls under 15 cannot get married without special permission and anyone under the age of 21 has to get their parents' permission before they can get married.
A marriage contracted without the required consent is voidable. This means that it can be declared null and void by the High Court.
The parents or guardian can apply to the High Court for a declaration voiding the marriage.
within six weeks of finding out about the marriage.
The minor may apply to the court to void the marriage at any time before they turn 21, or within three months after turning 21.
Where both parents are alive and neither of the parents has sole guardianship of the minor, both parents must consent to the marriage, in writing, on form BI-32.
If the minor is a child born out of wedlock, only the mother's written consent on form BI-32 is required.
If one parent has been granted sole guardianship of the minor, only that parent's written consent is required on form BI-32.
If the minor is in the care of a legal guardian, only the guardian's written consent (BI-32) is necessary.
If a parent whose consent is legally required cannot be found to grant consent, or is legally incompetent to do so, you can apply to a commissioner of child welfare for consent to the marriage.
Should the minor's parents, and/or a commissioner of child welfare refuse to grant consent, the minor may apply to a Judge of the High Court for consent. The Judge will not grant consent unless there is sufficient evidence that the marriage is in the interest of the child and that consent has been unreasonably refused.
Boys under 18 and girls under 15 must get the written consent of their parents to marry, in the same way as other minors. They also have to get the consent of the Minister of Home Affairs.
You can also apply to the Minister to condone a marriage that has already taken place without the required consent.
<fn>GOV-ZA.17759En.2012-02-10.en.txt</fn>
When you get married, you will be issued with a marriage certificate free of charge.
Fill in application form BI-130.
Submit it at your nearest Home Affairs office.
Pay the fee.
An abridged certificate will be issued on the same day that it was applied for. An application for a full certificate takes between six and eight weeks to process.
R20 for an abridged certificate.
R75 for a full certificate.
<fn>GOV-ZA.17761En.2012-02-10.en.txt</fn>
Married couples can dissolve their marriage through divorce. This ends the marriage and the divorced parties can legally marry again.
The divorce process will depend on whether the marriage is a civil marriage or a customary marriage. Civil marriages are dissolved according to the rules and procedures set out in the Divorce Act. Marriages in terms of African Customary Law are dissolved according to the civil law but some of the consequences are determined by custom and tradition. Muslim and Hindi marriages are dissolved in terms of the rites and rituals of the religion.
Before the court will issue a divorce, it has to be decided who will look after the children. The parents can make an agreement or the court can decide.
The most important consideration in deciding which parent should have custody is the best interests of the children.
The Family Advocate at the court can help investigate which parent is in the best position to look after the children and will represent the children in the court if necessary.
If the divorce is taking a long time, for example if the parties don't agree, then an interim custody order can be issued setting out who will look after the children while the divorce is being finalised.
In African, Hindu and Muslim customary marriages, the wife usually takes custody of the children. According to African customary law, the father usually remains the children's natural guardian. The children of Hindu and Muslim marriages are regarded as illegitimate, so the mother is also the natural guardian. In all cases, the father still has a duty to support the children.
The parent who does not get custody will usually still want to see their children. There therefore needs to be an agreement about when, where and how this parent will have access to the children.
If it is not in the best interests of the children for the other parent to have access rights, then the court can restrict access.
When a couple gets divorced, one party is often in a better financial position than the other. The person who has custody of the children will also have expenses that the other parent does not have. The court will issue a maintenance order requiring maintenance to be paid for the children and, depending on the circumstances, to the other party.
Maintenance for the children is paid to the parent who has custody (but it is important to remember that this is the child's right and not the parent's). All parents have a duty to support their children, including children who are illegitimate.
If there are problems with maintenance after the divorce has gone through, these can be taken to the Maintenance officer at the Magistrates Court.
Whether one party will have to pay maintenance or support to the other party depends on the circumstances. If the parties cannot agree on how much should be paid then the court will decide.
Because Hindu or Muslim marriages are not fully recognised as legal marriages, the wife has no legal status to claim support after divorce.
How the family property will be divided up depends on what property regime the couple adopted when they got married. This will usually be covered in the ante-nuptial agreement if there is one or, if there is no pre-marital contract, then it is determined by law.
The default legal position is that civil marriages are in community of property with accrual. This means that everything that you own is shared, including property and debts. Accrual means that everything that you earn or buy after you have married also becomes part of the joint estate.
If you get divorced, the shared property is divided equally between you. Any debts are also shared.
out of community of property with accrual.
If the marriage is out of community of property without accrual, then each person keeps their own property from before the marriage and keeps whatever they earn or acquire during the marriage.
If the marriage is out of community of property with accrual then each person keeps their own property from before the marriage but anything that is accumulated during the marriage is shared. Some things, like inheritances or gifts remain separate.
The default property regime has changed for different people at different times. The laws that were in place when you got married will determine what property regime applies to your marriage.
A civil marriage needs to be dissolved by a court.
You can only get a divorce if you show the court that there has been an "irretrievable breakdown" of the marriage or that one of the spouses is mentally ill or continuously unconscious.
Irretrievable breakdown means that the couple can no longer live together and there is no reasonable chance of them resolving their differences.
The couple have not lived together for a while.
One partner cheated on the other.
One partner left the other.
One partner abused the other.
The couple no longer love each other.
You can get a divorce if your partner has been institutionalised for mental illness for at least two years and doctors don't think that they will ever recover.
You can get divorced if your partner has been unconscious for at least six months and doctors don't believe that they will ever recover.
Who will have custody of the children.
How the parent who does not have custody will access the children.
Who will receive maintenance, how much it will be and how and when it will be paid.
How your property will be divided up.
If you and your partner can reach a settlement agreement before the summons is issued, this will make the process much quicker and easier. If you reach an agreement, you should write it down and sign it. This consent paper should then be attached to the divorce summons.
A hearing date will be set. At this hearing, the judge will ask questions to confirm the information in the summons. Once everything is settled, a divorce order will be granted.
If you use the Family Court instead of a High Court your divorce may go through more quickly and more cheaply.
Customary marriages are similar to civil marriages in that the court must issue the divorce order and the divorce will only be granted if there are grounds for divorce (that is irretrievable breakdown, mental illness or continuous unconsciousness).
The parties can decide the terms of the divorce and then the judge will issue the relevant orders regarding custody and maintenance. If the court has to decide on these matters it will take into account any arrangements that may have been made in terms of customary law.
The wife's family may have to return all or part of the lobola to the husband's family, unless the husband publicly rejected his wife for no reason at all.
If a man and woman were married by an imam in the Muslim religion or a priest in the Hindu religion, they are not married in terms of the civil law. They can then divorce without going to court but they must follow the rules of their religion.
<fn>GOV-ZA.17788En.2012-02-10.en.txt</fn>
Everyone has the right to have their dignity respected and protected. A person or institution (e.g. a hospital or company) may not insult or damage any person's self-respect, by their words or action.
You have the same right as anyone else to basic or adult basic education. A school cannot refuse to educate you or your child because you have HIV or Aids.
You have the right to make your own decision about medical treatment. No person may be refused emergency treatment. Hospitals or doctors cannot refuse to treat a person with HIV or Aids or force you to take a HIV test.
Everyone has the right to privacy. If you have HIV or Aids, you have the right to keep that information to yourself. Your boss, hospital or your doctor cannot force you to tell them, or force you to have a HIV/Aids test.
It is your right to make your own decisions about your pregnancy and medical treatment. No one can force you to terminate your pregnancy because you are HIV positive.
People with HIV or Aids can choose what kind of work they want to do. For example, you cannot be prevented from becoming a teacher or health care worker because you are HIV positive or have been diagnosed with Aids.
Everyone has the right to have access to adequate housing. People living with HIV or Aids may not be refused a subsidy or loan to buy a house. Evicting a person from a house or flat because of their health is illegal.
You have the right to a disability grant if you are too ill to support yourself or your family.
Everyone has the right to freedom of expression, which includes freedom to receive or give out information or ideas. This right is important as a way to ensure that the proper information about how to prevent HIV is available in schools or prisons.
Everyone has the right to freedom of association. You can join any organisation or group you choose. You cannot be forcefully separated from other people.
All citizens have the right to enter, to remain in and live anywhere in the country. If you have HIV or Aids, you are free to move around the country.
Everyone has the right to fair labour practices. No person may be unfairly treated or discriminated against at work.
Everyone has a right to an environment that is not harmful to their health or well-being.
If you are HIV positive or have Aids, you have the right to live your life with respect, dignity and freedom from discrimination and blame.
If you feel that your rights are being violated, you can report this to the South African Human Rights Commission. You can also approach any of the NPO's in the health sector supporting people living with HIV.
<fn>GOV-ZA.177En.2012-02-10.en.txt</fn>
[Embassy] PO Box 57480 Arcadia 0007 Tel: (012) 342-5074 Fax: (012) 342-6479 E-mail: embalgpta@intekom.co.
Australia [High Commission] Website: http//www.australia.gov.au Private Bag X150 Pretoria 0001 Tel: (012) 342-3740 Fax: (012) 342-8442 E-mail: australia@new.co.
during Parliamentary session Website: http://www.cic.gc.cd PO Box 683 Cape Town 8000 Tel: (021) 423-5240 Fax: (021) 423-4893 E-mail: cptwn@dfait-maeci.gc.
Cyprus (Republic of) [High Commission] PO Box 14554 Hatfield 0028 Tel: (012) 342-5258 Fax: (012) 342-5596 E-mail: cyprusjb@mweb.co.
Denmark (Kingdom of) [Embassy] Website: http//www.denmark.co.za PO Box 11439, Hatfield 0028 Tel: (012) 430-9340 Fax: (012) 342-7620 E-mail: rde@icon.co.
Madagascar (Republic of) [Consulate-General] PO Box 786098 Sandton 2146 Tel: (011) 442-3322 Fax: (011) 442- 6660 E-mail: consul@infodoor.co.
Mexico (United Mexican State) [Embassy] PO Box 9077 Pretoria 0001 Tel: (012) 362-2822-9/1437 Fax: (012) 362-1380 E-mail: embamexza@mweb.co.
Myanmar (Union of) [Embassy] PO Box 12121 Queenswood 0121 Tel: (012) 460-4333/6544 Fax: (012) 346-0746 E-mail: euompta@global.co.
New Zealand [High Commission] Website: http://www.immigration.govt.nz Private Bag X17 Hatfield 0028 Tel: (012) 342-8656/-8 Fax: (012) 342-8640 E-mail: nzhc@global.co.
Palestine National Authority [Embassy] PO Box 56021 Arcadia 0007 Tel: (012) 342-6411 Fax: (012) 342-6412 E-mail: palembsa@intekom.co.
Poland (Republic of) [Embassy] PO Box 12277 Queenswood 0121 Tel: (012) 430-2631/2 Fax: (012) 430-2608 E-mail: amb.pol@pixie.co.
Senegal (Republic of) [Embassy] PO Box 2948 Brooklyn Square 0075 Tel: (012) 460-5263 Fax: (012) 346-5550 E-mail: rosenhos@mweb.co.
Sweden (Kingdom of) [Embassy] Website: http://www.swedeniafrica.com PO Box 13477 Hatfield 0028 Tel: (012) 426-6400 Fax: (012) 426-6464 E-mail: sweden@iafrica.is.co.
[Embassy] - during Parliamentary session PO Box 1546 Cape Town 8000 Tel: (021) 418-3669 Fax: (021) 418-1569 E-mail: vertretung@cap.rep.admin.
during Parliamentary Session Website: http://www.usembassy.state.gov/ southafrica PO Box 6773 Roggebaai 8012 Tel: (021) 421-4280 Fax: (021) 425-4151/421-4269 E-mail: ptalib@pd.state.
Venezuela (Republic of) [Embassy] PO Box 11821 Hatfield 0028 Tel: (012) 362-6593 Fax: (012) 362-6591 E-mail: embasudaf@icon.co.
Vietnam (Socialist Republic of) [Embassy] Website: http://www.vietnam.co.za PO Box 13692 Hatfield 0028 Tel: (012) 430-7378 Fax: (012) 342-8441 E-mail: vnto@worldonline.co.
Yugoslavia (Federal Republic of) [Embassy] PO Box 13026 Hatfield 0028 Tel: (012) 460-5626/6103 Fax: (012) 460-6003 E-mail: yuembpta@worldonline.co.
[South African Embassy] Website: http://www.africadosulemb.org.br Avenida das Nacoes, Lote 6, 70406-900 Brasilia-DF Tel: 0955 61 312 9500 Fax: 0955 61 322 8491 E-mail: saemb@solar.com.
[South African Embassy] Apartment 27, Block 1 Alexander Zhendov Street 1113 Sofia Tel: 09359 2 971 3425/2663 Fax: 09359 2 971 3103 E-mail: saembsof@techno-link.
Canada [South African High Commission] Website: http://www.docuweb.ca/SouthAfrica 15 Sussex Drive Ottawa, Ontario Tel: 091 613 744 0330 Fax: 091 613 741 1639 E-mail: rsafrica@sympatico.
Chile (Republic of) [South African Embassy] Website: http://www.embajada-sudafrica.cl Casilla 16189 (PO Box) Santiago 9 Tel: 0956 2 231 2860-3 Fax: 0956 2 231 3185 E-mail: saembcon@interaccess.
[South African Embassy] 5 Dongzhimenwai Dajie Beijing 100600 PRC Tel: 0986 10 6532 0171-6 Fax: 0986 10 6532 0177 E-mail: safrican@163bj.
<fn>GOV-ZA.177bulletinEn.2012-02-10.en.txt</fn>
IT IS A CONDITION OF BID THAT-The taxes of the successful bidder MUST be in order, or that suitable arrangement has been made with the Receiver of Revenue to satisfy them. The SBD.2 form, Application for Tax Clearance Certificate (in respect of bids), must be completed by the bidder in all aspects and submitted to the Receiver of Revenue where the bidder is registered for income tax purposes. That the Receiver of Revenue will then furnish the bidder with a Tax Clearance Certificate that will be valid for 60 days from date of issue. This Tax Clearance Certificate must be submitted with the original bid, before the closing time and date of the bid. Failure to submit an original and valid Tax Clearance Certificate MAY invalidate your bid.
Compulsory Briefing Sessions: Date : 20 April 2011 Time : 10h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 18 April 2011 Time : 10h00 Venue: Riverside Government Complex, Building No.
<fn>GOV-ZA.177establishtofdisasterjointoperationstrestobettercoordinategoverntdisastermanagetEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.177vacanciesEn.2012-02-10.en.txt</fn>
Die adres, tendernommer en sluitingsdatum moet op die voorkant van die koevert verskyn.
arrangement has been made with the Receiver of Revenue to satisfy them.
Each party to a Consortium/ Sub-Contractor must complete a separate Tax Clearance Certificate. Copies of the Application for Tax Clearance Certificate are attached to every tender document and may also be obtainable at any Receiver of Revenue's Office.
Fax number : (013) 243 1049 4.
<fn>GOV-ZA.1783En.2012-02-10.en.txt</fn>
Some local media reports said that an eight-year-old Dutch boy survived the crash.
<fn>GOV-ZA.17842En.2012-02-10.en.txt</fn>
Human rights for all!
Nobody has the right to hurt you.
blaming you for things you didn't do.
It is not your fault! You do not deserve to be hurt.
If someone is angry with you, they must talk to you about it. They must not hit you.
If someone is hurting you or scaring you, or hurting someone you know, YOU CAN GET HELP.
Call the Child Help Line - 08000 55555 or the Police - 10111.
Your body belongs to you!
You can - say no!
show you pictures of people doing things like that, or with no clothes on.
This is called sexual abuse. If this has happened to you, you are not alone. It is not your fault!
People are not allowed to these things to you.
No one deserves to be abused!
There are some other things that you can do to help keep yourself safe.
the telephone number of the Police and the Child Line.
If you are scared or someone you know needs help, talk to someone who is safe, like your mom or dad, your teacher, your doctor, the police or someone at your church.
Don't hold it inside - talk to someone!
<fn>GOV-ZA.178bulletinEn.2012-02-10.en.txt</fn>
Compulsory Briefing Sessions: Date : 25 May 2011 Time : 10h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 25 May 2011 Time : 12h00 Venue: Riverside Government Complex, Building No.
Description: CONSTRUCTION OF A NEW LIBRARY AT MASOYI AT STAND NO.
Tender Levy: Note that the tender levy is R200.
Compulsory Briefing Sessions: Date : 24 May 2011 Time : 10h00 Venue: Mbombela Civic Centre, Auditorium, No.
Government Complex EH 12 13.
<fn>GOV-ZA.178ders2En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.178dersEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.178vodacomdeclaresredalertanddonatesr500000forfloodvictims2En.2012-02-10.en.txt</fn>
Nelson Mandela Day, also known as Mandela Day, is held on July 18 each year.
<fn>GOV-ZA.179668En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.179927En.2012-02-10.en.txt</fn>
Barberton owes its existence to the discovery of gold in 1884, and the Barberton Museum has displays on geology and mining as well as archaeology, ethnology, and military and cultural history. The museum has a main exhibition building, an Anglo-Boer War blockhouse, and the Fernlea, Stopforth, and Belhaven house museums.
The 24-part exhibition in the Bethal Museum introduces visitors to a progressive rural community. Highlights are the Kork Pharmacy (1890) and the history of the Bethal Commando during the Anglo-Boer War (1899-1902).
The Botshabelo Mission Station is a historical mission station that includes Fort Merensky, churches and a parsonage. The museum provides a look into the daily routine of a 19th century mission station. Adjacent to it is a traditional village and living museum where Ndebele women demonstrate beadwork and other handicrafts and paint the brightly coloured geometric murals characteristic of their villages.
The Kgodwana Ndebele Village and Museum consists of a reconstruction of Ndebele dwellings, an exhibition of arts and crafts, demonstrations of beadwork, weaving, and so on.
Midway between the Blyde River Canyon and the southern Kruger National Park, the residents of Shangana Cultural Village invite guests to share in the way of life of the Shangaan people. The picturesque villages are set in the shade of ancient trees in a reserve of forest and grassland, and are open every day.
The Lydenburg Museum is a local history exhibition that includes replicas of the famous Lydenburg Heads - terracotta animal and human heads dating from the Later Iron Age, AD 500.
The entire village of Pilgrims Rest, the site of the first economically viable goldfield, has been conserved and restored as a living museum. It boasts beautiful examples of houses from the period of the gold rush as well as an early mining camp and a complete reduction works.
The Alanglade House Museum offers guided tours of the former mine manager's house.
The Diggings Museum just outside the town arranges guided tours of gold-panning activities.
The Dredzen Shop Museum consists of a store stocked with a range of items in use nearly a century ago.
The cultural-historical Forestry Museum in Sabie depicts various aspects of the country's forestry industry.
The Krugerhof Museum is housed in a national monument, the house that was originally an annexe of the hotel and was the last residence of President S J P Kruger in the ZAR before he left South Africa in 1900 to go into self-imposed exile.
Want to use this story on your website See Using SouthAfrica.info material?
<fn>GOV-ZA.179bulletinEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20033&tid=37474 Size: 2KB Collection: speeches_cm?
Tenders moet op die amptelike tender vorms, wat volledig ingevul moet wees en volle besonderhede bevat, ingedien word.
<fn>GOV-ZA.179nationaldisasterjointoperationsteamtoconductdamageassesstsinprovinces2En.2012-02-10.en.txt</fn>
Shikanda Business Solutions was awarded a tender to carry out an impact study on municipal service partnerships for the Department of Provincial and Local Government. A report was submitted on 15 March 2002.
A broad overview was provided with regard to the Municipal Service Partnerships in terms of, amongst others, regulatory legislation, current constraints, problems and concerns experienced by municipalities, Integrated Development Plans, norms and standards, the MIIU, the capacity building programme, types of service partnerships and lessons learned from the international arena.
This assessment furthermore investigated various existing Municipal Service Partnerships by means of interviews that were conducted with the selected municipalities and service providers. The Municipal Service Partnerships that were investigated were Dolphin Coast, Nelspruit, Thabazimbi, Queenstown, Fort Beaufort and Pietermaritzburg. In each case, the background to the Service Partnership was established, the description of the partner provided and the contractual agreement discussed.
Separate articles/papers Separate articles or papers produced by members of the Research Directorate include an article on the Intergovernmental Relations System in South Africa, July 2002.
<fn>GOV-ZA.17En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.17aug20041En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.17august20061En.2012-02-10.en.txt</fn>
Responsible use of statistics inevitably occurs in tandem with misuse and distortion. On occasion, such misuse is linked to attacks on the integrity of the producers and disseminators of data.
An official statistics agency is often required to draw attention to the erroneous use of statistics. This function is enshrined in principle 4 of the UN Fundamental Principles of Official Statistics.
Such misuse occurred when a well-known non-governmental organisation (NGO) recently accused Statistics SA of releasing the latest data on mortality in a way designed to "cover up" the impact of the data.
This was a strange attack, because the report was announced and released in the same way as all Stats SA publications, and published on the department's central dissemination tool (the Stats SA website). Rather than hiding the data on mortality, I made special mention of the report's imminent release when interviewed on national television on the morning of the release date.
Notwithstanding this, the NGO chose to repeat the allegation just as Stats SA was finalising arrangement for a symposium on adult mortality, based on the report allegedly hidden. This symposium was held yesterday and included participants from the department of health, the Medical Research Council and many others. The workshop was carefully structured to explain the findings of the mortality report, and provided an opportunity for questions, criticism and discussion.
One of the key findings of the report is that between 1997 and 2004, death rates rose for virtually every age and sex group for persons between the ages of 15 and 64. The most distinctive aspect of mortality change across the seven-year period was the large increase in death rates of women aged between 20 and 39, for whom the rate more than tripled, while death rates more than doubled for men aged 30 to 44.
This means that the traditional female survival advantage narrowed, and, indeed, for those aged 20 to 34 it reversed. For women between 15 and 40, survival rates fell from 91 percent in 1997 to 69 percent in 2004.
The implications of this would have been intensively considered at yesterday's symposium, showing up the NGO's attack on Stats SA for what it was - a selective, ill-informed misuse of the statistical process.
Both responsible and less responsible use of statistics are also apparent for economic data. Measurement of economic activity is a complex process. It can be done in various ways through different surveys, each with different methodologies, survey instruments, purposes, levels of detail and frequencies.
Most analysts of the economy are familiar with the monthly and quarterly releases that Stats SA produces on sectors such as manufacturing production, wholesale and retail trade, mining, the motor trade and electricity generated. In addition, a range of price indices track changes in producer and consumer prices.
The headline inflation numbers for the consumer price index (CPI) and CPIX, or CPI excluding mortgage costs, in particular, always attract considerable attention each month, as consumers experience their impact through changes in monetary policy, interest rates and other macroeconomic mechanisms used to regulate the economy.
Gross domestic product (GDP) is another macroeconomic indicator that attracts attention each quarter. It measures whether the economy has grown or shrunk, in what sectors and at what rate.
Interpreting these numbers can be confusing, given the range of indicators released. Each indicator has different purposes and carries specific limitations on use, and the most analytical benefit is gained through viewing each number in the context of related statistics.
A good example involves GDP estimates for the first quarter of this year, which were released on May 30. These reported, as a headline number, that the economy grew at a pace of 4.2 percent for the quarter, on an annualised and seasonally adjusted basis, compared with the fourth quarter of 2005.
Some commentators viewed this as disappointing. Others viewed the same data from a slightly different perspective, and found the estimate for growth in the non-agricultural economy (4.7 percent) a more positive indication. From another perspective, growth in the non-primary sector was reported at 5.3 percent.
Next Tuesday Stats SA will release the preliminary GDP estimates for the second quarter. These will integrate many of the monthly statistics published recently, providing a coherent and comprehensive picture of the economy. The data will report on the performance of the economy for the first half, giving a platform to evaluate the effect of macroeconomic factors such as exchange rates, interest rates, inflation and the oil price. Some analysts will also use the data to forecast economic prospects for the rest of the year.
Responsible users of statistics are not selective when using data to make decisions. They consider all relevant factors and use as many different data sets as possible, evaluating them for comparability, quality and general fitness for use. The same criteria apply when using statistics to form opinions, both on the data and on the credibility of producers and disseminators of statistics.
<fn>GOV-ZA.17feb20051En.2012-02-10.en.txt</fn>
On Tuesday Statistics SA released the latest data on South Africa's gross domestic product (GDP).
This set of data reported on economic output for the fourth quarter of 2004, as well as the preliminary indications for the whole year, which are based on the sum of the four quarters.
GDP is a particularly important output of a country's national accounts, as it is the key indicator of change in economic growth.
GDP estimates the value of goods and services produced in a specific period and is used to measure the performance of the economy as a whole, as well as different industries in the economy.
The first important statistic in the latest GDP estimates is for the year as a whole. In 2004 GDP increased by 3.7 percent, compared with an increase of 2.8 percent in 2003.
This reflects real economic growth for the year, as compared with growth in the previous year.
The next important statistic relates to economic growth for the last three months of 2004 (the fourth reporting quarter), compared with the previous quarter.
In this respect, real quarterly GDP increased by an annualised rate of 4 percent in the fourth quarter following an annualised increase of 5.7 percent in the third quarter of 2004.
The economic growth rate for the first quarter of 2004 was 3.8 percent, and 4.4 percent for the second.
Economic growth, however, does not occur smoothly and equally throughout the whole economy, and it is important to know the sectors in which change is taking place.
Industry as a whole is broken down into a number of main sectors, following the International Standard Industrial Classification as adapted for South African circumstances.
The increase of 3.7 percent for 2004 was driven mainly by growth in wholesale trade, retail trade, hotels and restaurants (0.9 percentage points), finance, real estate and business services (0.7 percentage points), transport, storage and communication (0.5 percentage points) and manufacturing (0.4 percentage points).
The 4 percent increase in GDP for the fourth quarter of 2004 was mainly due to increases in the real value added by finance, real estate and business services (1.1 percentage points), wholesale trade, retail trade, hotels and restaurants (1 percentage point), transport and communication (0.7 percentage points) and manufacturing (0.4 percentage points).
The impact on GDP of growth in one industry is directly dependent on the size of that industry when compared with the other industrial sectors.
The relative size of each industry in 2004 is the share of its real value added of the GDP for 2003.
Similarly, the relative size of taxes less subsidies on products is the share of its value of the GDP for 2003.
This complex formulation reveals that the percentage of real value of GDP added by each industrial sector for 2004, when compared with 2003, is as shown in the table above.
The latest GDP data were released earlier than usual, so that they would be available at the time of the budget speech of finance minister Trevor Manuel, to be presented in parliament next week. GDP data for 2004 were published just six weeks after the year-end as a way of both informing and encouraging the debate that invariably follows the annual budget speech.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, including details of the latest GDP release, visit www.statssa.gov.
<fn>GOV-ZA.17june2011vacancycircularsEn.2012-02-10.en.txt</fn>
The Higher Education Branch of the Department of Education is responsible for developing and implementing appropriate legislation and policies to create and sustain a quality higher education system. The incumbent will be responsible for cocoordinating the implementation of the planning, monitoring and legislative framework of the higher education system.
The position requires familiarity with the functioning of the higher education system and an understanding of the policy framework and transformation agenda in higher education. The successful candidate will be innovative and flexible and have the ability to lead and co-ordinate a team of professionals in undertaking a range of tasks requiring analytical, interpretative and negotiating skill, as well as interacting with the leadership of the higher education system.
Requirements: The minimum requirement for the position is a Bachelor's degree in a relevant field, with a least three years experience in a senior management position. It requires a dynamic individual with leadership and strategic management, project management, problem solving, reporting writing and communication skills. The successful candidate should have good knowledge and understanding of the university sector, relevant legislation and policies.
DUTIES: The scope of the Chief Directorate's work will include, but not be limited to: Policy development and planning, in particular, co-coordinating the development of national plans and policies. Evaluating and negotiating the approval of institutional three year "rolling" plans, including programme and qualification profiles. Monitoring and analyzing macro-planning trends and assessing the implications of these for national policy goals and objectives. Monitoring macro-budgetary and cost trends, including the financial sustainability of higher education institutions and assessing the implications of these for the overall founding system. Overseeing the maintenance and adjustment of the funding framework for higher education. Financial planning, in particular, managing the annual budgetary allocation to higher education institution in the context of the medium-term expenditure framework. Overseeing the collection, analysis and dissemination of system-wide and institutional data, including the ongoing development, enhancement and maintenance of the higher education management information system and financial reporting requirement. Legislative advice and compliance, including overseeing the drafting of bills and the preparation of institution statutes.
The Skills Development Branch of the Department of Higher Education and Training is responsible for developing and implementing appropriate legislation and policies to create and sustain a quality higher education system. The incumbent will be responsible for taking charge of NSF financing responsibilities and staff.
Requirements: A recognized 3-year tertiary qualification with financial subjects. A postgraduate qualification and a minimum of 5 years' Public Service and 3-5 years' management experience will be strongly recommended. An understanding of Government' Budgetary and Financial Management processes and accounting practices . Knowledge of the Public Finance Management Act, Skills Development Acts, policies and procedures and the PPPFA. The Director will need to be resourceful, self-motivated, pro-active, and assertive as well as possess leadership and managements skills.
Duties: The Director will be responsible for the management and coordination of financial and administrative functions of the NSF, ensure compliance with legislative frame works, perform expenditure control, cash flow management and reporting and manage the books of the NSF. Interim and annual financial statements and auditing of related matters will need to be performed. The Director will further need to assist with presentations and responses in relation to parliament and ensure that staff activities are aligned with operational plans and set policies and procedures are followed at all times.
Note: The successful candidate will have to sign an annual performance agreement, annually disclose his/her financial interests and be subjected to a security clearance.
Salary: Salary range between R260 421 basic notch (plus service bonus, employer's contribution to Pension and Medical Aid, housing allowance) - R632 976 (all inclusive remuneration package which already includes basic notch and employer's contribution to pension and a flexible portion, that can be structured within the prescripts) per annum depending on experience and qualification as per the OSD determination.
Requirements: B. Proc/LLB degree. At least 8 years appropriate post qualification legal experience: Sound knowledge of South African Legal System; Knowledge of Government and Departmental polices and strategy would be an advantage; Knowledge of the Public Finance Management Act and Higher Education and Training legislation and budgetary/financial management will also be an advantage; A valid driver's license. Skills and competencies: Legal Research; Planning and decision making skills; Strategic capability and leadership skills; Good interpersonal skills; Dispute Resolution; Time management and ability to prioritise; Report writing and problem solving; Project management; Computer literacy (MS Office); Communication (written and verbal) skills.
Duties: The person appointed to this challenging position will be fully involved in all litigation; Develop plans and strategic intervention related to the implementation of relevant legislation related to Higher Education and Training laws. Draft legal documents, memoranda, reports and Government notices; Co-ordinate the submission of monitoring and evaluation report related to the implementation of the legislation; Prepare, consolidate and compile institutional performance reports; Analyse legislation and provide recommendation for appropriate interventions; Respond to request for legal opinions; Support the Director in drafting key documents related to the implementation of relevant legislation; Support the Director in planning, monitoring and co-ordination of processes and stakeholders/role players in the implementation of relevant legislation; Compile Legal Research documents, memoranda, report and Government notices; Conduct research and provide recommendations on appropriate interventions to be taken to improve both legislation and programme to enhance the implementation of relevant legislation; Draft legal opinion and guidelines or any other policies to facilitate the implementation of the relevant legislation; Conduct legal research documents, memoranda, reports and governing notices; Assist the Director in compiling monthly reports. Deal with requests for legal opinions; Respond to Parliamentary questions; Drafting and giving advice on domestic and international agreements; handle ad hoc tasks in line with instructions.
Salary: Salary range between R205 221 basic notch (plus service bonus, employer's contribution to Pension and Medical Aid, housing allowance) - R506 292 (all inclusive remuneration package which already includes basic notch and employer's contribution to pension and a flexible portion, that can be structured within the prescripts) per annum depending on experience and qualification as per the OSD determination.
Requirements: LLB Degree or 4 year recognized legal qualification; At least 6 years appropriate post qualification legal experience: Sound knowledge of South African Legal System; Knowledge of Government and Departmental polices and strategy would be an advantage; Knowledge of the Public Finance Management Act and Higher Education and Training legislation and budgetary/financial management will also be an advantage; A valid driver's license. Skills and competencies: Legal Research; Planning and decision making skills; Strategic capability and leadership skills; Good interpersonal skills; Dispute Resolution; Time management and ability to prioritise; Report writing and problem solving; Project management; Computer literacy (MS Office); Communication (written and verbal) skills.
Duties: The person appointed to this challenging position will be fully involved in all litigation; Develop plans and strategic intervention related to the implementation of relevant legislation related to Higher Education and Training laws. Draft legal documents, memoranda, reports and Government notices; Co-ordinate the submission of monitoring and evaluation report related to the implementation of the legislation; Prepare, consolidate and compile institutional performance reports; Analyse legislation and provide recommendation for appropriate interventions; Respond to request for legal opinions; Support the Senior Legal Administration Officer in drafting key documents related to the implementation of relevant legislation; Support the Senior Legal Administration Officer in planning, monitoring and coordination of processes and stakeholders/role players in the implementation of relevant legislation; Compile Legal Research documents, memoranda, report and Government notices; Conduct research and provide recommendations on appropriate interventions to be taken to improve both legislation and programme to enhance the implementation of relevant legislation; Draft legal opinion and guidelines or any other policies to facilitate the implementation of the relevant legislation; Conduct legal research documents, memoranda, reports and governing notices; Assist the Senior Legal Administration Officer in compiling monthly reports. Deal with requests for legal opinions; Respond to Parliamentary questions; Drafting and giving advice on domestic and international agreements; handle ad hoc tasks in line with instructions.
Requirements: A three years' Bachelor degree or equivalent qualification in Auditing/Internal Auditing from an accredited institution 2 years relevant work experience in the audit environment. Knowledge of Public Finance Management Act/Treasury Regulations and the Standards for the Professional Practice of Internal Auditing, good analytical skills, ability to put theory into practice. Well developed computer skills. Good communication (verbal and written) and interpersonal skills. Be able to work under pressure, meet tight deadlines and be target driven.
Duties: Compile audit plans for engagements in accordance with ISPPIA. Compile and execute audit programs. Examine and evaluate internal controls and document comprehensive findings. Prepare comprehensive working papers. Draft audit reports Perform ad hoc audits (special assignments). Perform follow up engagements. Assist with the identification, evaluation and measurements of risks. Guide and develop junior audit staff.
Requirements: Applicants must be in possession of a relevant three year Bachelor's degree or equivalent qualification. Preference will be given to creative persons with good verbal and written communication, interpersonal and computer skills. The ability to work independently and under pressure will serve as an additional recommendation.
Duties: The appointee will mainly be tasked with labour relations functions regarding the staff appointed under the Public Service Act and the Employment of the Educators Act. In addition, he/she will be responsible for administrative functions of the Departmental Bargaining Chamber, including arranging meetings and taking minutes during the meetings. The incumbent will assist with the arrangements of labour relations workshops and with the investigation of cases, as well as compile reports.
Requirements: A relevant post grade 12 qualification, including computer training * A minimum of 3 years employment experience in rendering administrative and secretarial support; *Good interpersonal and communication skills to interface with people from various backgrounds; *Reasonable experience in using computer applications in office management including Ms Word, Excel, PowerPoint and Outlook; *Good organizational and basic events management skills; *Ability to create and manage databases, presentations and financial matters will be added advantages.
Duties: Provide administrative support in the managers' office. *Manage and administer the managers' diary and itinerary.*Type and prepare all the necessary documentation for the manager *Ensure the safe keeping and filing of all documentation and records in the office of the manager in line with the relevant legislation and policies.*Ensure the smooth running of the managers' office by handling all correspondence and queries requiring the attention of the manager *Responds to enquiries received from internal and external stakeholders.* Handle and manage cash flow in the office of the manager including petty cash. *Perform routine duties in the office of the manager including telephone, travel arrangements, hotel bookings and arranging appointments and meetings with stakeholders. *Interface with clients and visitors.
Interviewed candidates will be subjected to a competency assessment.
<fn>GOV-ZA.17mar20051En.2012-02-10.en.txt</fn>
The release of core statistical indicators, such as price indices and gross domestic product (GDP), usually attracts immediate analysis and comment. For example, in two weeks the latest consumer price index (CPI) will form part of headline news. However, these high-profile series - for which Statistics SA is best known - form only a part of the agency's collection and dissemination of statistics.
The release of two reports last week - one on commercial agriculture, the other on municipalities - demonstrates this well.
The last census of commercial agriculture took place in 1993, and when the department of agriculture indicated that this information was of limited use, Stats SA accepted a commission to run a new census.
This covered commercial farming units in the entire country, including the former Transkei, Bophuthatswana, Venda and Ciskei states, as well as the "self-governing territories", which had been excluded from the 1993 census.
Information released last week is of considerable importance to the department of agriculture for planning purposes. It is also used extensively by Stats SA itself for compiling South Africa's national accounts, including GDP, fixed capital formation, supply and use tables and changes in inventories.
In key findings released last week, it was reported that there were 45 818 active commercial farming units in South Africa in 2002, reflecting a decrease of 12 162 farming units since the 1993 census.
The highest number of commercial farming units was situated in Free State (8 531 units), followed by Western Cape (7 185 units) and Northern Cape (6 114 units). Gauteng (2 206) and Limpopo (2 915) had the lowest number of units.
Of these 45 818 farming units, 2 330 had an annual income of more than R4 million, while 23 428 had an annual income of less than R300 000.
The formal agricultural sector generated a gross income of R53 329 million in 2002 - R21 222 million (39.8 percent) of this was generated from commercial farming in animals and animal products (compared with 49.8 percent in 1993).
Field crops contributed 30.9 percent (25.5 percent in 1993) and horticultural products 26.7 percent (24 percent in 1993).
The dominant branch of commercial farming in four of the provinces was field crops. The largest income from field crops was recorded in Free State (R5 067 million, or 30.8 percent), followed by KwaZulu-Natal (R2 773 million, or 16.8 percent), Mpumalanga (R2 566 million, or 15.6 percent) and North West (R2 448 million, or 14.9 percent).
In terms of the labour market, the number of paid workers employed by the formal agricultural sector decreased by 152 445 (13.9 percent) between 1993 (1 093 265) and 2002 (940 820). Nearly half of the employees in 2002 were seasonal workers.
The commercial agricultural sector paid R6 216 million in salaries and wages for the year to February 2002. This represents 11.7 percent of the gross farming income generated by the agricultural sector in that financial year, and 13.8 percent of total expenditure for the same period.
Total expenditure by the formal agriculture sector in 2002 amounted to R45 039 million. Only 6.5 percent, or R2 947 million of this, was spent on capital expenditure, with the remaining 93.5 percent, or R42 092 million, being current expenditure. Farming debt of the commercial agricultural sector amounted to more than R30 858 million.
Last week, Stats SA also released a report on a non-financial census of South Africa's 284 municipalities.
Neither of these censuses made the headlines. However, for regular users of statistics, they provide core data required for ongoing social and economic measurement and monitoring.
They also offer important insights into developments and change in both the commercial agricultural sector, and the tier of government responsible for delivery of core services.
Pali Lehohla is South Africa's statistician-general and head of Stats SA. For more information on Stats SA and its outputs, including last week's releases on commercial agriculture and municipalities, visit www.statssa.gov.
<fn>GOV-ZA.17may20071En.2012-02-10.en.txt</fn>
How can countries, regions, even continents, be usefully compared?
Currencies exchange at different rates, and their relative value does not necessarily mirror national purchasing power. Estimates of economic activity, including gross domestic product (GDP), generally follow the UN's System of National Accounts, but are based on data of widely differing quality.
Inflation indices are computed using different baskets of goods, with varying weights attributed to products depending on the country involved.
Nevertheless, provinces, countries, regions and continents are continually compared with each other. We categorise some countries as poor and others as affluent. We compare inflation in the EU with inflation in the US, and India's economic growth rate with that of China or Germany or Mozambique.
One of the ways to make such comparisons more meaningful involves the International Comparison Programme (ICP), a global initiative to develop a reliable basis for comparing GDP per capita expenditures and the real value of production across countries, using a standardised benchmark free of price and exchange rate distortions.
In Africa, the ICP aims to answer questions about living standards and to establish whether the UN millennium development goals are being met. To do this, comparable data across countries, over time, is required. The ICP's purpose is to provide such data and develop methodologies for reliable comparisons.
Comparing economic and social data in different places requires standardised concepts and classifications, and common methods of measurement of the same data items or variables.
The system must be able to strip out variations between the strength of currencies that are due to exchange rates, rather than real purchasing power. This entails calculating purchasing power parities (PPPs) that can be used to convert national currency data to a common measurement.
Achieving an acceptable basis for national comparison has been a long-cherished international goal. In 1968 the UN started the ICP with this aim. Comparisons were made every five years from 1970. Initially 10 countries were involved, including just one from Africa. By 1993 the project included 118 nations, of which 22 were African. The current ICP round involves 148 countries worldwide, with 48 from Africa.
The quality of comparisons critically depends on obtaining comparable data on GDP expenditure and the individual items used in surveys of prices.
Internationally, this requires estimates of expenditure in respect of more than 150 components of GDP; in Africa the project has identified more than 200 components. To provide reliable inter-country comparisons, the ICP requires that the scope of GDP estimates is consistent across countries and that they distinguish between individual and accrual household consumption.
Data on prices has had to be collected for identical goods from all participating countries. This has involved intensive preparatory work at regional and country level. Workshops were held to prepare an all-Africa list of products representative of consumption patterns across the continent. Using the structured product descriptions method, a list of about 1 000 products was defined with the input of all participating countries.
Recently the African Development Bank, which is responsible for co-ordinating the ICP in Africa, released the first details of PPP-adjusted real GDP expenditures, PPP indices and price level indices for the 48 countries participating in the ICP-Africa.
These results cover final household consumption expenditure but do not include expenditure on housing services. This will be included in a second release due by December, which will also have data on gross fixed capital formation and consumption expenditure by governments and non-profit organisations.
In the context of an ongoing debate over a single currency for Africa, it is interesting that all real expenditure results have been expressed in terms of a notional African regional currency - the Afric. A key finding of ICP-Africa relates to the observed difference in each country between the official exchange rate of the currency and the PPP equivalent. This difference tends to reflect the extent of currency undervaluation or overvaluation.
The African Development Bank's first release of ICP data is, as the bank notes, critical for policy management and decision making at both national and international levels.
"Besides their usefulness for facilitating cross-country comparison of GDP and related aggregates, the results are useful for comparing regional poverty incidences and for poverty analysis across countries and across regions within the same country."
Importantly, the PPP-adjusted one-dollar-a-day poverty line can be used as a threshold for poverty measurement, while ICP information can facilitate the process of harmonising economic policies across countries, thus fostering regional integration on the continent.
<fn>GOV-ZA.17november20051En.2012-02-10.en.txt</fn>
Gross domestic product (GDP) estimates are compiled from a wide variety of data sets. While Statistics SA is the only institution empowered to produce official statistics, GDP information is obtained from a number of other institutions, including the department of minerals and energy, the department of agriculture, the Reserve Bank and the SA Revenue Service (Sars).
Stats SA's own monthly surveys cover industries such as manufacturing and trade, reporting their findings between six and eight weeks after the reference month.
Surveys at three-month intervals, such as the quarterly financial survey and the quarterly employment survey, are released within the following quarter. The annual economic activity survey (EAS) is the principal survey on which annual and quarterly estimates of GDP are based.
The 2004 EAS, published late in October this year, covers information for the financial years that ended between July 1 2003 and June 30 2004. As such, it reflects actual economic activity that took place in the calendar years 2002, 2003 and 2004.
As the 2004 survey got under way, improved information for previous years became available, such as audited financial statements. This sometimes provided data that differed from information initially supplied.
In some cases, Stats SA obtained additional information relating to the structure of the enterprise being sampled. This led to an improvement in the standard industrial classification of the economic unit. The result of this was the revision of the 2003 EAS as part of the finalisation of the 2004 EAS. This information is incorporated into GDP estimates for the relevant periods.
The EAS is Stats SA's most comprehensive instrument covering the economy. However, some economic sectors are not included in the EAS, and information for these sectors is gathered from other surveys and institutions.
First among these is the agriculture sector. Data on the output and value added for the agricultural industry is supplied to Stats SA on a quarterly basis by the department of agriculture. These data sets are revised as more information becomes available. In addition, Stats SA and the department conducted a census of commercial agriculture in 2002, which will be followed by an annual series from 2005 onwards.
A second sector is mining. The department of minerals and energy supplies data on mining production and sales on a monthly basis to Stats SA. From this data, Stats SA calculates indices of the physical volume of mining production and seasonal adjustments on production and sales.
Another sector not covered in the EAS involves financial intermediaries. In this instance, the estimates of GDP rely on information collected by the Reserve Bank, which is provided on a quarterly basis and revised as new information becomes available.
Stats SA relies on the Reserve Bank's balance of payments estimates to take foreign trade into account when estimating GDP. Balance of payments data are closely tied in with foreign trade data collected by Sars. Again, these estimates are revised as new information becomes available.
Lastly, Stats SA has various series that collect data on the activities of government's three tiers. Provincial and central government data is derived from audited financial statements, often only available many months after the reference period. Until then, proxy indicators are used to estimate quarterly GDP.
Similarly, Stats SA has surveys that collect municipal data, which also influence measurement of industries such as electricity, gas and water, and transport, storage and communication.
Many of the series that feed into GDP estimates are revised as a natural part of the collection of data, and the analysis and reporting of economic growth. The publication of GDP estimates on November 29 will include revised annual and regional estimates for 2002 to 2004 as well as quarterly estimates up to the third quarter of 2005.
<fn>GOV-ZA.17oct2005IccfConfeceEn.2012-02-10.en.txt</fn>
It gives me great pleasure to join you today at this exciting international symposium. The occasion is a special one since it draws together representatives of the client community to explore the role of all of us as leading clients in shaping better construction processes and outcomes.
Council for Research and Innovation in Building and Construction (CIB) have provided an important lead in creating this unique platform for shared learning and the action this will undoubtedly generate.
All of you, honoured guests from both overseas and local destinations -I welcome you most warmly to the Eastern Cape and specifically to Port Elizabeth. We South Africans love to entertain people from other countries -perhaps because we believe we have so much that is worth showing off. I do hope that those of you who have come such a long way -from China, from Canada, from several corners of Europe and the UK -will have a little time outside of your important deliberations to enjoy what this beautiful part of our country can offer you.
Development Project, a stimulating experience, both in terms of its scale and purpose as a stimulus for economic growth of this province and our country.
Today is an auspicious occasion in more ways than one.
Firstly, you are convening for only the second time as an international forum of construction clients, to allow the free exchange of ideas to open up new and better ways of working. By your presence and participation you are providing leadership.
The second reason today is auspicious relates to an event of nearly 30 years ago. On this day in 1977 the old regime banned one of the foremost voices of the free exchange of ideas. This was The World, a daily and weekend newspaper that had became a voice of protest of an oppressed people. This action by the minority government turned out to be one of the watershed events that helped propel our country towards the final political liberation we embraced with our first general election in April 1994.
I mention this not to make any political capital but to emphasise how precious and important the freedom to exchange ideas is. It celebrates our ability, as individuals working together, to change the way we see and do things so that we may create a better world -whether that be a world of construction or a world of social justice.
So, I encourage you to be daring and imaginative in your discussions today and tomorrow. Let the exchanges between you be such that new ideas are born and become the vehicles for better practice tomorrow.
The overall Forum theme -Partnerships for Performance: Clients Leading the Way perfectly captures the challenge facing clients. It also sums up the three discussion topics the CIB and CIDB have selected for this Forum meeting - Partnerhips, Value and Client Leadership.
The focus on "Partnerships" addresses the issue of innovative collaborative approaches as opposed to the adversarial relationships that have become so entrenched in construction delivery. This morning's group discussions on the topic of client leadership will no doubt permeate the 2 days of deliberation since it is clients who determine the fundamental value proposition of their projects.
And this brings me to the discussion topic of improved construction value. Value is an illusive concept that you will need to explore in all its dimensions. Value is certainly not achieved simply by lowest project price or the product quality on completion of the project. Increasingly, the Department of Public Works and other South African clients are defining value in terms of cost, quality and performance over the entire lifecycle of the project.
Around the world value to society is the quest of responsible governments. Many governments are actively promoting an efficient and effective construction industry that uses resources better, that reduces waste and that transforms the working environment of its people for better employment and greater productivity. As regulator and client to the industry, governments are encouraging practices that promote social and economic priorities, including improved health and safety that preserves people, improved environmental practices that preserve the resources of our planet, and an improved built environment that promotes sustainable economic and social activity.
It seems logical to me that our concept of value must ensure that client leadership, together with partnership approaches, also promotes the goal of sustainable and developing construction industries, which are, after all, a common resource to all client organisations.
In the context of South Africa's growth strategy, the construction industry is a national asset. For the first time in twenty five years, we are seeing the beginning of a period of sustained investment that requires our country to double its construction output over the next 10 years. This places a direct responsibility on clients for industry growth and the development of sustainable enterprises. We also see this growing investment as a welcome opportunity for sustainable black economic empowerment. Sustainable enterprises perform better. They are better employers and contribute to skills development and an industry that delivers value to clients and society.
Once again, I would like to congratulate the organisers, to thank you all for your participation and to thank our South African client community for the sponsorship and support that has made this event possible.
I wish you fruitful deliberation leading to new thinking and new ways of working. Enjoy your interaction with each other. Enjoy the city of Port Elizabeth.
<fn>GOV-ZA.17safsecEn.2012-02-10.en.txt</fn>
Internal security and crime prevention are primarily the responsibility of the South African Police Service (SAPS), while the South African National Defence Force (SANDF) is responsible for defending South Africa against external military threats.
In accordance with the South African Constitution, 1996 (Act 108 of 1996), the Minister of Safety and Security is responsible for policing in general and is required to account to the Cabinet and Parliament on all matters relating to policing. Important features of the Minister's responsibility are the determination of national policing policy and the provision of civilian oversight. The following three structures fall under the Minister of Safety and Security.
SAPS.
The Department of Defence strives towards representivity at all levels in terms of gender and race. By March 2003, 15% of the Force was female.
enhance the safety and security of South Africans ensure proper investigation of criminal cases and the provision of sound crime intelligence protect prominent people manage the SAPS, including its resources, development and operations more efficiently.
These objectives have been aligned with the goals of the Integrated Justice System and the Justice, Crime Prevention and Security (JCPS) Cabinet Cluster, which co-ordinates joint crime-prevention initiatives.
A review of strategic priorities in 2000 resulted in a medium-term plan, the Strategic Focus, 2000 - 2005.
The Department of Safety and Security has set four key strategic priorities for this period.
The first priority is to combat organised crime, focusing on crimes relating to drugs, trafficking in firearms, vehicle theft and hijacking, corrupt police officials, and organised commercial crime.
The second priority is concerned with the levels of serious and violent crime. In this regard, the Department has developed strategies to counter the proliferation of firearms, which fuels high levels of violent crime; improve safety and security in highcrime areas; combat specific crimes - such as taxi and gang violence, and faction fighting; and maintain security at major public events.
The third priority focuses on developing strategies to reduce the incidence of crimes against women and children, while also improving the investigation and prosecution of these crimes.
The fourth priority is to improve service delivery at police stations.
The Department has also identified human resource and budget management as key organisational priorities. These priorities were implemented by means of the National Crime-Combating Strategy (NCCS).
The NCCS involves the establishment of crime-combating task groups targeting serious and violent crime in designated high-crime zones. Operational interventions are intelligence-driven and based on the specific crime patterns of each zone.
The SAPS also collaborated with other departments in the JCPS Cluster to focus resources on addressing the incidence of crime and public disorder. The JCPS Cluster concentrates on programmes like the development and transformation of Cluster departments; crime prevention; and crime combating, which includes combating organised crime, crimes against women and children, corruption, improved intelligence, border control, regional and international co-operation, security, prosecution and the judiciary, detention (e.g. addressing the overcrowding of prisons), and the reduction of illegal firearms.
Minister, and evaluate the performance of the SAPS. During 2003, the Secretariat emphasised the importance of moral regeneration in efforts to combat crime, in the belief that a major problem affecting criminality is moral degeneration. The Moral Regeneration Movement (MRM) calls on all cardinal role-players - the family, church, school system, government departments, various constitutional commissions such as the National Youth Commission (NYC), the Commission on Gender Equality, and business - to come on board.
The ICD was established in terms of the Interim Constitution of South Africa, 1993 (Act 200 of 1993), to investigate complaints of alleged criminality and misconduct against members of the SAPS.
The primary role of the ICD is to ensure that complaints about offences and misconduct committed in the SAPS are investigated in an effective manner. It is governed by Chapter 10 of the SAPS Act, 1995.
The ICD has additional mandates in respect of monitoring the implementation of the Domestic Violence Act, 1998 (Act 116 of 1998), by the SAPS, and in respect of civilian oversight over municipal policing services.
The ICD is mandated to investigate all deaths in police custody or as a result of police action. An investigation is conducted to determine whether there are any indications of criminal conduct by the police. Where there are no indications of criminal conduct, the matter is left to the police themselves to investigate, while the ICD monitors/supervises the investigation. If information is subsequently received indicating that there was criminal conduct on the part of the police, the ICD will take control and conduct a full investigation.
Upon completion of an investigation, the ICD may make recommendations to the Director of Public Prosecutions about the prosecution of any SAPS member(s) implicated. It may also make recommendations to the SAPS management with regard to the departmental prosecution of a police member.
The ICD is compelled by law to investigate complaints or reports of deaths in police custody, or as a result of police action.
The ICD reports to Parliament through the Minister of Safety and Security. However, it is operationally independent from the SAPS.
The number of complaints handled by the ICD in 2002/03 amounted to 4 443, representing an increase of 31,9% compared with 2001/02.
The number of deaths in custody or as a result of police action during 2002/03 was 528, representing a decrease of 9,7% compared with 2001/02 when 585 deaths were recorded.
Persistent interventions by the ICD and SAPS management have led to the decrease in the number of deaths in custody or as a result of police action. The decrease also confirms a growing human-rights ethic within the SAPS.
The key aims and programmes of the SAPS are based on the objectives provided for in Section 205 of the Constitution.
prevent, combat and investigate crime maintain public order protect and secure South Africans and their property uphold and enforce the law.
The vision of the SAPS is to create a safe and secure environment for all South Africans.
protect everyone's rights and be impartial, respectful, open and accountable to the community use its powers in a responsible way provide a responsible, effective and highquality service with honesty and integrity evaluate its service continuously and make every effort to improve it use its resources in the best way possible develop the skills of all its members through equal opportunities co-operate with the community, all levels of government and other role-players. The SAPS came into being in 1994 after the amalgamation of the 11 independent policing agencies that existed before the nation's transition to democracy.
The Service-Delivery Improvement Programme (SDIP) of the SAPS seeks to improve service delivery to communities at local level in line with the principles of batho pele (meaning putting people first), and equipping police-station managers with the necessary practical tools. The objectives of the SDIP are to inculcate a culture of participative management in the organisation and to encourage the community's involvement in safety issues.
Administration provides for the formulation of policy and the management of the SAPS, and includes provision for capital works and the medical benefits of SAPS employees.
Crime Prevention provides for the functions of police stations nationally, and for specific functional services such as the Dog, Equestrian, Radio Control and Diving Units.
Operational Response Services provides for the policing of South Africa's national borders, and for specialised policing services associated with maintaining public order, crowd management and the high-risk functions performed by the Special Task Force.
Detective Service and Crime Intelligence provide the infrastructure required for investigative and intelligence work and the examination of forensic evidence. They provide training to investigators and manage the Criminal Record Centre (CRC).
Protection Services provides for the protection of foreign and local dignitaries.
Given the integrated nature of policing, identified policing priorities are not contained individually or collectively in any single programme. Rather, they underpin the operational activities undertaken at all levels and across all divisions of the SAPS within the context of the entire financial programme structure.
This division is responsible for supporting management in the assessment of servicedelivery standards and performance related to service delivery.
The SAPS fulfils its responsibility to protect both local and foreign prominent persons, using resources allocated to Protection Services. The Presidential Protection Unit provides protection to the President, Deputy President and former Presidents and their spouses.
This division is responsible for rendering a financial and administrative support function to the management of the SAPS.
This division is responsible for fleet and facility management and all other logistical support.
The function of this division is to render a people-centred human resource service to all personnel and to ensure their optimal utilisation.
Legal Services renders a legal support function to management. The division is responsible for national standards and policy relating to crime operations, property and assets, legislation, contracts and agreements, policy standards and litigation.
Personnel Services is responsible for managing personnel-related matters in support of the operational priorities of the SAPS.
By April 2003, the SAPS had a staff complement of 132 121 employees. In compliance with the human resource plan, the personnel strength at station level was expected to increase by approximately 11 300 employees to 67% of the total staff complement during 2003/04.
The ratios for race and gender were 74% blacks and 26% whites and 74% males and 26% females.
The SAPS planned to enlist 9 550 entry-level constables and 4 010 civilians during the 2003/04 financial year.
The division presents functional training that consists of basic training (entry-level) and training in protection services, dog handling, public order, border policing, functional skills, human rights and community policing. Recruits undergo a 12-week basic training course, followed by a fourweek tactical firearms-training course and a three-week field-training mentorship course.
Support training consists of financial, logistical, career, management, adult basic education and basic diversity training.
Crime Prevention is regarded as a line-function division of the SAPS, specifically responsible for the prevention of crime, by addressing the root causes of crime, e.g. socio-economic factors, and by uplifting the community through rural-development and urban-renewal projects.
Crime Prevention aims to reduce opportunities to commit crime by optimising visible policing. Furthermore, the division is responsible for developing, maintaining and monitoring policy standards and directives regarding crime prevention and uniformed services in general. Police Emergency Services and Social Crime Prevention resort under this division.
Police Emergency Services focuses on enhancing the skills and knowledge of all personnel performing rapid-response services (10111 Centres and Flying Squad), hostage negotiators, police divers and members of the Dog and Equestrian Units.
Advanced technological equipment has been installed at various 10111 Centres to enhance service delivery to the community. A capacitybuilding programme has been developed and implemented to recruit, select and train rapidresponse personnel.
Hostage negotiators respond to hostage and suicide incidents. The SAPS presented various courses in hostage and suicide negotiation during 2002, equipping members with skills to deal with hostage- and suiciderelated incidents. An introduction to the management of hostage incidents was addressed in the Southern African Regional Police Chiefs Co-operation Organisation's (SARPCCO) Middle Management Programme.
Police divers participated in a number of operations, most of which entail the recovery of drowned people. The recovery of evidence disposed of in water is an important activity of police divers.
Police divers and vessel handlers also assist in crime prevention and water-safety activities. Members from the various provinces have been trained as police divers, diver supervisors and vessel handlers in swift water-rescue techniques.
The SAPS is not only responsible for the training of dogs and dog handlers to perform specialised policing functions, but also breeds these specialised dogs and provides veterinarian services to the dogs and horses. Continuous training of dogs, horses, dog handlers and horse riders is done.
This component manages projects/programmes that address situational, communitybased and social factors that contribute or precipitate crime, by integrating services and knowledge.
improve victim support and assistance services, particularly for victims of domestic violence and rape build capacity for local crime-preventionstrategy development, particularly within the framework of rural development and urban renewal build skills for resilience and resistance to crime among young people develop and implement strategies to deal with factors contributing to crime.
Operational Response Services is responsible for maintaining public order, conducting highrisk operations, combating rural and urban terror, executing search-and-rescue flights, stabilising volatile situations and preventing cross-border crime.
Public Order Policing Units include the Special Task Force, Intervention Units, Border Police and the Air Wing.
The effective policing of the country's borders, and the prevention and detection of transnational crime, are priorities. Border policing covers 53 land-border posts, 10 airborder posts and nine sea-border posts.
Excellent and structured co-operation with related role-players such as the Department of Home Affairs and the Customs Offices of the South African Revenue Service.
Support from Business Against Crime (BAC).
The development of a well-defined strategy of border-line control for SAPS entry over a six-year period, as the SANDF withdraws over the same period.
The upgrading of the SAPS capacity at land ports of entry to detect crime, i.e. stolen vehicles. This includes new technology and project-driven training.
The envisaged upgrading of service delivery at identified air and seaports of entry on a project-driven basis. This includes technology, procedures, infrastructure and training.
The Operational Co-ordination Component also falls under this division.
Operational Planning and Monitoring ensures the implementation of all national joint operations, be they interdepartmental or the various branches of the SAPS working together in joint operations. The component and its operational co-ordinators have no (vertical) line functions in terms of policing, such as crime prevention, but do have a lateral or horizontal responsibility across all line functions to ensure effective co-ordinated execution of operations as directed by the National Crime Combating Forum.
to a host of meetings both at interdepartmental and departmental levels.
Operational Research aims to ensure the development of operational doctrines and concepts, especially with regard to joint operations.
This subsection is required to do operational research to enable the development of critical areas identified and new areas that will be identified continuously.
This is carried out in co-operation with any other research capacity in the SAPS and the SANDF, but also involves external expertise. It also aims to improve the understanding of the problems confronting the SAPS and the security forces in general, to enable more effective planning and operations.
The Detective Service is responsible for maintaining an effective crime-investigation service. The division's main functions involve investigations into serious, violent, commercial and organised crime.
Forensic Science Laboratory.
Laboratory Information Management System.
Family Violence, Child Protection and Sexual Offences Units (FCS). By mid-2003, there were 32 Child Protection Units and 13 Family Violence and Sexual Offence Units in the main centres and 156 other towns across the country. The 839 members of the FCS received 40 604 cases (7 894 enquiries and 32 710 case dockets) for investigation in 2002.
National Bureau for Missing Persons. As a community-orientated service, its main purpose is to render support to investigating officers. This entails the running of a database where all the particulars of a missing person such as tattoos, scars, hair and eye colour, etc. are stored. This database is situated on a mainframe and is accessible to every police official in the country. The Bureau has state-of-the-art computer equipment, which enables it to, for example, obtain a photo of a missing child suspected of being kidnapped and broadcast it on national television within a short period of time.
In June 2001, the SAPS became the first police service in Africa to launch a missing children website (za.missingkids.com). It became the 11th country in the world to harness computer technology in the search for missing children.
Illicit drugs play a major part in the commission of violent crime. An interdepartmental task team co-ordinated the implementation of a multidimensional anti-drug strategy. This strategy forms part of the Drug Master Plan which is being co-ordinated by the Central Drug Authority (CDA).
Under the auspices of the CDA, the United Nations (UN) Office on Drugs and Crime, the Secretariat for Safety and Security, other relevant government departments and the NYC piloted an anti-drug campaign in Mamelodi, east of Pretoria, in 2002. On 26 June 2003, the same campaign was launched in Cape Town.
The SAPS has focused its attention on the 'supply' part of the 'demand and supply' dimensions of the drug phenomenon. The 'demand' dimension is also being addressed by the MRM.
The South African Police Service deployed a team of experts in Nairobi, Kenya to assist Kenyan police and private security officials during an International Cricket Council World Cup Cricket match in February 2003.
The 43-member team comprised the Special Task Force, a bomb disposal unit, detectives and the Intervention Unit, as well as experts in crowd control. Apart from cross-border operations in the past, this was the first large-scale international operation of its kind.
Examples of successes achieved by the SAPS include the launch of disruptive operations in targeted drug hot spots throughout South Africa. Clandestine laboratories are continuously being identified and neutralised. The focus has moved to manufacturers, suppliers and pushers as opposed to addicts and users.
During 2002, about 6 758 individuals involved in drug-related offences were arrested, and illicit substances to the value of R330 million seized.
By September 2003, police had made major inroads in the fight against drug peddling by confiscating drugs worth more than R500 million.
The ISM of the SAPS conducts various projects to support and enhance the administration, analysis and management of crime and criminal information in support of crime investigation and prevention.
the Analysts Notebook application at the Crime Intelligence and Organised Crime Units the Loss Management System for Financial Services replacement of equipment for the production of SAPS identity cards a workshop system at SAPS garages.
The AFIS became operational in 35 decentralised Local Criminal Record Centres in September 2002.
The automation of the process has contributed towards an increase in accuracy, productivity and service delivery. Faster response times lead to more previous-conviction reports being produced. For a period of 35 days in 2001, it was only possible to produce 163 369 previous-conviction reports. However, since the introduction of the AFIS, it has become possible to produce 293 386 previous-conviction reports for the same period.
The CRC has also experienced an increase in the identification of scene-of-crime fingerprints. A total of 3 481 more identifications of scene-of-crime fingerprints were made in 2002 than in 2001.
One of the greatest technological advances that the SAPS intends recording in its crimecombating strategy relates to the fact that the expanded AFIS will include palm-print identification. Concomitant with this will be a new programme of live-scanning facilities that will enable the electronic scanning of fingerprints. A pilot project utilising hand-held scanners has been completed.
The implementation of the Crime Prevention Development Programme continued during 2002/03. The Programme facilitates the development and implementation of community-based crime-prevention strategies. The Programme has made a significant contribution towards intersectoral co-operation, and serves as a tool for local service-providers such as local government to integrate communitybased crime-prevention strategies in their core business. Communities have been able to participate through applying indigenous knowledge during the conceptual phase of projects.
The Programme was successfully completed in the urban-renewal nodes of KwaMashu and Inanda in KwaZulu-Natal.
SAPS, municipalities, private security firms, business and local communities.
The SAPS has developed a strong focus on partnership policing. This involves mobilising the community to become involved in various projects to counteract crime. Community Policing Forums are featuring more prominently and playing a major role in safeguarding the country. The year 2002 was proclaimed the Year of the Volunteer and some 70 000 members of the community volunteered their services at police stations across the country.
Demonstration projects initiated during 2002, aimed at reducing social-fabric crimes, were continued in the areas of Driefontein (Mpumalanga) and Bolobedu (Limpopo). Multidisciplinary committees to manage the project were established, research to establish the local causes of crime in the relevant areas undertaken, and the respective project plans approved by the responsible structures. These multisectoral committees, through strong partnerships with all stakeholders, led to intervention strategies that focus on the key causes of crime in the areas. A similar project in Nongoma (KwaZulu-Natal) is in its inception phase.
Sector policing provides an ideal opportunity for community involvement in local safety and security needs, in the form of participation in the Sector Crime Forums and policecommunity projects at sector level. Policing areas become smaller, manageable geographic areas under the supervision of a sector commander.
Sector policing will be phased in at some 1 139 police stations in South Africa. According to the SAPS Strategic Plan, it will be implemented at 145 priority police stations by the end of the 2004/05 financial year.
Intervention training workshops for sector commanders from the 14 Presidential and 50 priority stations commenced during 2002/03 and by mid-2003, some 300 members had been introduced to the concept. Further training for another 300 sector commanders/ deputies, including reservists, was planned for 2003/04. By August 2003, a formal training curriculum for sector policing was being developed and the National Instruction on Sector Policing was nearing completion.
Co-operation between the sector commanders and their sector communities through consultants and joint projects has enhanced healthy police-community relations. The involvement of reservists and community volunteers in sector policing, as well as the platform created through the Sector Crime Forums, has strengthened this partnership.
The policy on the South African Reserve Police Service has opened more doors for community involvement by specifically creating a category for community members wanting to be involved in sector policing.
The SAPS is dedicated to the upliftment of previously disadvantaged communities. The building of Community Safety Centres has consequently been introduced as an enabling mechanism. The focus of the Centres is on delivering basic and easily accessible services to communities, especially in deep rural and informal settlement areas.
In the execution of their duties, many South African Police Service (SAPS) members distinguish themselves by performing deeds of bravery in dangerous circumstances, and in so doing save the lives of others while endangering their own.
Between January 2002 and April 2003, 18 police members were honoured for their acts of outstanding and exceptional bravery and awarded the SAPS Cross for Bravery in the different categories (Cross for Bravery [Gold] - one recipient, Cross for Bravery [Silver] - six and Cross for Bravery [Bronze] - 11.).
The innovative concept of Community Safety Centres brings all relevant departments under one roof and involves the SAPS, the Departments of Justice and Constitutional Development, Correctional Services, Health, and Social Development. Community Safety Centres have been completed and are fully operational in Thembalethu in the Western Cape, Ntsimbini in KwaZulu-Natal, Leboeng in Limpopo, and Khutsong in Gauteng. By mid-2003, Community Safety Centres were under construction in Galeshewe in the Northern Cape, Thabong in the Free State and Tshidilamlomo in the North West.
The Centres are a result of the National Crime Prevention Strategy (NCPS) and the Reconstruction and Development Programme. The idea behind the Centres is the creation of a safe and stable environment which is conducive to socio-economic development.
The Minister of Public Works, Ms Stella Sigcau, and the Minister of Safety and Security, Mr Charles Nqakula, handed over a Community Safety Centre to the community of Centane in the Eastern Cape in July 2003.
The Centane Community Safety Centre boasts a police-services point, logistics and finance office, crime-investigation services, two Magistrate's Courts, Correctional Services parole officers and cells, a Victim Support Centre, and other auxiliary services such as a clinic with a delivery room, a four-bed ward, a one-bed ward, five consulting rooms, a daycare centre for children and housing for staff.
Government recognises the importance of addressing the needs of victims of crime and violence in South Africa. To meet these needs, a national VEP was launched. It aims to make the country's criminal justice system more understandable and accessible to victims.
The VEP further aims to address the negative aspects of crime and violence through the provision of counselling and other support services. The SAPS, as the first and often the only criminal justice agency to come into contact with victims, has a vital role to play in the empowerment of victims.
The White Paper on Safety and Security: 1999 - 2004 also emphasises the need for improved services to victims. The Department of Safety and Security views victimisation as a violation of human rights.
It subscribes to the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, which clearly states that victims have the right to be treated with respect and dignity; the right to offer and receive information; the right to legal advice; and the right to protection, compensation or restitution.
Victim empowerment has also been included as a national priority in the annual priorities and objectives of the SAPS and forms an integral part of community policing.
Early in the 2002/03 financial year, an audit was conducted to determine provincial needs for victim-friendly facilities. A three-year implementation plan was then developed for the incremental provision of such facilities, prioritising those stations responsible for 50% of reported incidence of gender-based violence such as rape and domestic violence.
These facilities are of particular benefit to victims, as they enable statements of victims to be taken in a private and victim-friendly environment.
The Movement Control System, which was introduced in 1998, is now fully computerised and installed at all South Africa's border posts and airports.
The computerised System enhances policing to be more effective in tracing unwanted persons, goods and stolen vehicles, and monitors the movements of suspect persons or vehicles at border posts and other ports of entry. The principal shareholder of the System is the Department of Home Affairs.
facilties had been established at 130 stations throughout the country.
In 2002, preventative activities were undertaken at the 20 stations with the highest reported incidence of rape and domestic violence.
These include encouraging members of the public to report domestic violence and rape cases.
The concern over the incidence of attacks on farms has led to the establishment of a Rural Safety Committee.
The banking sector is working with the SAPS to curb bank robberies and cash-in-transit heists. The SAPS reached an agreement with the banking sector to develop a formal mechanism for combating banking-related crimes and cash-in-transit robberies.
The SAPS is an important partner in the project that will allow a full-scale telephone interpreting service to be established in the country. TISSA is a government-approved project aimed at giving effect to the linguistic human rights enshrined in the Constitution.
TISSA makes it possible for all South Africans to have immediate access to information and government services in an official language of their choice. TISSA has been implemented at many police stations around the country. By making use of this interpreting service, information-gathering by the SAPS will become increasingly accurate, and collaboration between the SAPS and the community in fighting crime will be enhanced.
To acquaint children with the SAPS, it launched, among others, the Captain Crime Stop Project. The friendly Captain Crime Stop pays regular visits to schools countrywide. The aim of the Project is to educate children about crimes and to provide them with tips for personal safety, while showing them that the SAPS is an organisation that serves and protects the community.
A national Crime Stop number (08600 10111) and the national emergency number (10111) are available to report information on criminals and their activities.
Children and youths are affected by crime both as perpetrators and as victims. Reported criminal victimisation of children by other children is also of concern. Recognising the importance of early intervention in changing criminal behaviour, the SAPS supports the Department of Education's Safe Schools Programme.
reducing firearm violence in schools assisting young people to become resilient to crime and violence through SAPS presentations.
The Youth Violence-Prevention Programme has joined hands with various national departments and bodies such as the NYC and the National Consultative Forum to develop and implement a holistic and integrated Youth Crime-Prevention Programme.
By the end of December 2002, applications had been received from 21 schools to be declared as firearm-free zones. These applications were submitted to Legal Services for promulgation in the Government Gazette.
According to a report released in November 2003, South Africa is the world leader in solving serial murders. In other countries it takes an average of two years to arrest a serial killer. In South Africa, there have been numerous cases where a killer was arrested within six weeks of the crime. Since 1936, police have chased 60 serial murderers. They were unsuccessful in only 16 cases. Everyone who was arrested was convicted.
Sethunya. Its main focus is to combat the illegal possession, trafficking and use of firearms by individuals in organised crime.
In the first two months of the Operation, the SAPS confiscated 7 975 firearms and 1,5 million rounds of ammunition, while some 1 026 persons were arrested countrywide for the illegal possession of firearms and ammunition. During 2002/03, some 38 426 State-owned firearms and 20 191 confiscated firearms were destroyed.
The Department of Safety and Security has an obligation to ensure peace and stability in South Africa, on the continent and internationally. These obligations are achieved through international conventions and forging partnerships with security establishments.
The skills of the SAPS in certain specialised fields have already been recognised by various countries in the world, e.g. by being asked to provide an advanced training course in highrisk operations to police members from the United Arab Emirates and Oman.
The Department also continues to forge and strengthen partnerships with police institutions on the African continent in order to advance the objectives of the New Partnership for Africa's Development (NEPAD) and the African Union (AU). To this end, the Department is actively involved in peace initiatives in the Democratic Republic of the Congo (DRC) and Burundi, and has received requests for training support from various African countries, including Mozambique, Kenya and Nigeria.
Joint operations between the police services in southern Africa, co-ordinated by SARPCCO, have had a major impact on crossborder crime. These efforts will be enhanced by the completion of an integrated organised crime-threat analysis among the SARPCCO police services, and the implementation of joint projects and operations based on the analysis.
The SAPS has co-operation agreements with France, Argentina, Chile, Brazil, the Russian Federation, Hungary, Egypt, China, Nigeria, Mozambique, Portugal, Swaziland and the People's Republic of China.
Negotiations are ongoing to include more countries on its list of international partners against organised crime.
SARPCCO is a police co-operation agreement involving 12 southern African countries, which is an important instrument in the fight against organised crime.
South Africa is among 179 countries whose police structures are affiliated with Interpol. It has 12 liaison officers based at South African Missions abroad, to interact on a continuous basis with its counterparts in the detection of international crime. International Liaison serves as a 24-hour nodal point in respect of all crimes committed against and by the diplomatic corps, requests for protection duties throughout the country, visits by foreign delegates to the SAPS and general enquiries in by foreign Missions and diplomatic-accredited international organisations.
The UN Crime Prevention and Criminal Justice Programme. The National Commissioner of the SAPS, Mr Jackie Selebi, is the Government rapporteur to the UN Commission on Crime Prevention and Criminal Justice.
On 22 September 2003, the Minister of Safety and Security, Mr Charles Nqakula, tabled the South African Police Service's Annual Report and Crime Statistics for the 2002/03 financial year.
aggravated robberies, including street, business and house robberies, increased by 11,6%.
The negotiations of the UN Single Convention Against Terrorism.
The implementation of UN Security Council Resolution 1373, in particular the work of the Counter Terrorist Committee in New York.
South Africa has signed and ratified the Southern African Development Community (SADC) Protocol on Drug Trafficking. It has also signed the SADC Protocol on the Control of Firearms, Light Weapons and Other Related Materials.
The SAPS has agreements with six international donor countries to the value of approximately R500 million. The aims of the projects range from operational initiatives to human resource capacity-building (training, skills development, etc.), technical assistance and physical resources.
The Constitution, the Defence Act, 2002 (Act 42 of 2002), the White Paper on Defence and the Defence Review mandate the Department of Defence. These laws and policies direct and guide the functions of the Department of Defence and the SANDF.
The mission of the Department of Defence is to defend and protect South Africa, its territorial integrity and its people in accordance with the Constitution and the principles of international law regulating the use of force.
To achieve its mission, it is essential that the Department of Defence is managed strategically. As part of this process, certain factors have been identified that are fundamental to achieving success.
national consensus on defence excellent strategic direction excellent resource management effective combat and support forces professionalism in the conduct of operations successful implementation of the transformation process.
Ongoing transformation has drastically changed the functions of the Department from offensive to defensive. It has gradually withdrawn from its involvement in support of the police and other protection agencies.
As a key player in regional peace efforts, the Department, under the auspices of NEPAD, plays an important part, participating in a variety of initiatives aimed at securing peace and stability on the continent.
The SANDF's budget was increased by more than R1 billion to R20,05 billion in the 2003/04 financial year. The Medium Term Expenditure Framework estimate puts the allocation for 2005/06 at R22,5 million.
In 2003/04, the South African Army was allocated R3,1 billlion, the South African Air Force (SAAF) R2,1 billion, the South African Military Health Service (SAMHS) R1,2 billion, and the South African Navy R1,05 billion. Defence Intelligence received R153 million.
Parliamentary committees overseeing the Department of Defence the Minister of Defence over the Department of Defence providing the SANDF with comprehensive instructions regarding the exercise of powers monitoring compliance with policies and directions issued by the Minister of Defence to the SANDF, and reporting thereon to the Minister ensuring discipline of, administrative control over, and management of employees, including effective utilisation and training instituting departmental investigations as may be provided for by law.
The Bill aims to regulate the defence function. Discussions on this Bill by the Portfolio Committee on Defence continued in 2002/03.
This Bill is intended to establish the NCACC as a legal body. The Committee controls the services and brokering of conventional arms.
This Bill will replace the Armaments Development and Production Act, 1968 (Act 57 of 1968). It will be aligned with current national and defence policy, which pronounces the role, function, accountability, management and operations of Armscor.
The Bill consolidates various separate legislative instruments such as the Military Discipline Supplementary Measures Act, 1999 (Act 16 of 1999), Chapter XI, and the First Schedule of the Defence Act, 1957 (Act 44 of 1957). The Bill is intended to obviate future constitutional challenges by eliminating those provisions of current legislation not in line with the Constitution.
The Bill aims to give effect to the International Mines Ban Treaty to which South Africa is a party. It is intended to provide for appropriate legal and administrative measures to suppress any activity that may be in contravention of provisions of the Treaty. The Bill also prescribes penal sanctions against those who contravene the Treaty or engage in prohibited activities.
In 1996, South Africa prohibited the export of all types of landmines and, in 1997, it prohibited the use, development, production and stockpiling of anti-personnel landmines. By 1998, some 312 000 anti-personnel landmines held by the Department of Defence had been destroyed.
South Africa plays a leading role in demining, training de-miners and improving the cost-efficiency of operations.
The Government formed a partnership with Business Against Crime (BAC) in 1996.
The partnership covers a broad spectrum and includes the Integrated Justice System, the Criminal Justice Strengthening Programme, the Service-Delivery Improvement Programme of the South African Police Service (SAPS), the installation of surveillance systems, dealing with organised crime, co-operation in respect of white-collar crime and corruption, and the Tisa Thuto Project which teaches school learners non-violent methods of conflict resolution and positive morality, including life skills and personal values.
The BAC has supported government as consultant and facilitator by, among other things, influencing strategy, policing and priorities; supporting a mutually agreed-upon vision, transferring business skills; developing working solutions that deliver results; and developing public-private partnerships.
Successes of the partnership include the installation of surveillance systems in urban areas, which has resulted in an 80% decrease in street crime in these areas, while also improving the SAPS' response time to one minute. Video footage obtained from these surveillance systems is admissible evidence in a court of law.
the provision or maintenance of essential services the upholding of law and order in the country in co-operation with the SAPS, under circumstances set out in legislation, where the SAPS is unable to maintain law and order on its own the support of any State department for the purpose of socio-economic upliftment.
defend against aggression promote security support the people of South Africa. At operational level, forces have to be structured and prepared to deal with specific tasks. Each of these places demands on the capabilities of the Department of Defence.
providing a communication-security service for other State departments.
The Department of Defence's Corporate Strategy is based on the National Security Strategy.
The Corporate Strategy consists of the Business Strategy and the Military Strategy. The Business Strategy informs the way in which the Department conducts its business as a State department, while the Military Strategy indicates the way in which the SANDF prepares for and executes its missions. The Military Strategy has a number of strategies emanating from it, namely the Force Employment Strategy, Provide Force Strategy and its supporting strategies.
that the military forces are fully supported, equipped, maintained and administered while in barracks and when deployed on missions of any nature alignment with the policies and priorities of government in respect of governance and administration the effective, economic and efficient utilisation of resources to improve accountability the continuous improvement of the quality of departmental service delivery, personnel, equipment and facilities.
The Business Strategy enables the execution of the Military Strategy and its substrategies, the Force Employment and Force Preparation strategies.
The Military Strategy of South Africa is derived from the Constitution, the Defence Review, White Paper on Defence and the National Security Strategy.
The National Security Strategy is derived from implied national interests, the Department of Foreign Affairs and JCPS Cluster objectives.
The SANDF uses a mission-based approach to achieve the military strategic objectives of the Department of Defence. This approach uses wartime and peacetime missions to direct the peacetime strategy for force preparation, and to guide joint and combined force preparation and force employment for incidences of conflict.
Provision of mission-essential training: The SANDF is to educate, train and develop its soldiers in the essential skills required to execute the tasks necessary to accomplish its missions. It focuses on force training/ preparation and is aligned with the allocated budget.
Capability of establishing a mission-trained force: The SANDF is to have the capability to establish a mission-trained force that can engage in specific missions. The force must be relatively small, but must ultimately be prepared according to the missions and capabilities required.
Selective engagement where possible: The SANDF will execute all the missions as ordered, but will be selective in the courses of action it will follow, the force levels it will field, as well as the capabilities and resources it will provide and maintain. It focuses on the conscious taking of calculated strategic and operational risks.
Strategic positioning: This entails the establishment of early-warning mechanisms, such as the placement of military attachés and involvement in subregional institutions to enhance peace and security in the region. This supports development initiatives such as NEPAD.
command and control, communications, computers, information, intelligence, infrastructure, reconnaissance and surveillance light mobile conventional warfare support.
The Department of Defence adheres to the principles of civil control and oversight through the Minister of Defence, Mr Mosiuoa Lekota, the Joint Standing Committee on Defence (JSCD) and the Defence Secretariat.
While the Minister is responsible for providing political direction to the Department, the JSCD ensures that the Executive Authority (Minister of Defence) remains accountable to Parliament. However, for day-to-day administration and co-ordination of strategic processes, the Minister of Defence relies on the Defence Secretariat, which is the civilian leg of the Department. The Defence Secretariat is headed by the Secretary for Defence.
serving as the principal advisor to the Minister and President on military, operational and administrative matters within his/her competence.
The Inspector-General provides management information to the Secretary for Defence. This is derived from performance and regulatory internal audits that are based on the risks derived from the Department of Defence Risk Register and results depicted from survey analyses.
On 25 April 2003, the old South African National Defence Force (SANDF) emblem was phased out. On 29 April 2003, the Chief of the SANDF, General Siphiwe Nyanda, presented the new SANDF flags and emblem to the senior echelons of the SANDF.
The new emblem incorporates a nine-pointed star, representing the warm sun of Africa and the nine provinces. The star is also used in divisional emblems and flags to reflect a common corporate identity.
The emblem reinforces the idea of military identity, authority and dignity.
The four Services of the SANDF - Army, Military Health Service, Navy and Air Force - are represented in their respective traditional colours.
The Directorate: Anti-Fraud (DAF) was established to conduct forensic investigations, detect and implement prevention measures within the Department of Defence to eliminate fraud and corruption.
Since its establishment in January 2003, the DAF has achieved positive results in assisting the Military Police Agency and the Chief: Military Legal Services to deal with cases of fraud and corruption within the Department. In July 2003, 16 fraud cases of subsistence and travel, home-owners' allowance, forgery of leave, irregular medical aid, medical prescriptions and cheque fraud, as well as several corruption cases were finalised.
During the same period, the DAF completed 10 detection reviews and two investigations with the assistance of whistle-blowers.
SANDF members have been encouraged to blow the whistle on fraud and corruption by contacting the DAF on the toll-free number 0800 767 323 (0800 SOS DAF).
A deliberate effort has been launched to enhance the quality of the Internal Audit function in pursuit of both superior performance delivery and good governance. To this effect, an International Standards Organisation Certification (9001:2000) was attained towards the end of 2002. This historic achievement has brought the Defence Inspectorate on par internationally with regard to production delivery.
One of the subprogrammes of the Defence Administration Programme is the Division: Policy and Planning. The Division comprises three subprogrammes, namely Defence Policy, Human Resource Policy and Strategic Management.
responsibility for the strategic management, planning and strategic control processes of the Department managing the policy-formulation process of the Department drawing up, promulgating and presenting the departmental plan to Parliament the integration and performance analysis of management systems in the Department interpreting input and influences that could effect the overall national defence strategy regulating conventional arms transfers in accordance with government policy co-ordinating the drawing-up of national contingency plans for a state of national defence (war).
SAMHS operations: during conventional operations, the SAMHS deploys its mobile formation in direct support of land, air and maritime operations.
support to the SAPS in the maintenance of law and order will be provided by general support tasks and focused rapid-reaction operations directed at priority crime and the conduct of special operations border control will be exercised on land, sea and air by high-technology surveillance supported by rapid-reaction forces general area protection will be provided by a combination of high-density and rapid-reaction operations.
The achievement of international and regional defence co-operation aims.
The execution of limited peace operations.
Effective land, sea and air border control.
The maintenance of law and order in support of the SAPS, with special attention to the combating of taxi violence, robberies and heists.
Control of the South African maritime areas of responsibility, including the Exclusive Economic Zone (EEZ).
the preservation of life, health and property the maintenance of essential services the provision of medical and health services search-and-rescue operations missions to the Antarctic and the southern oceans diplomatic initiatives.
Air-transport missions, including VIP flights and departmental scheduled flights.
Area-defence operation missions.
Multinational and joint-force preparation missions.
Special forces missions.
Borderline control - the SANDF deploys forces in support of the SAPS along South Africa's international borders. This is in line with a Cabinet decision and a subsequent agreement between the Department of Defence and the SAPS. The defence legislation has not yet been completed and therefore the SANDF must still deploy in terms of the SAPS powers. Once the defence legislation has been completed, clarity in terms of the role of the SANDF along the borderline will be achieved. SANDF deployment consists of an average of nine infantry companies patrolling selected stretches of the borderline as the situation demands, supported by elements of the SAMHS and the SAAF. The SAAF contributes aircraft to deploy land forces along the land borders where necessary and carries out reconnaissance flights along the land and sea borders where they assist the South African Navy patrolling the EEZ. The Navy patrols the coastline, assisting the Department of Environmental Affairs and Tourism with the prosecution of illegal fishermen, while also maintaining a presence at sea and thereby deterring other criminal activities such as drug smuggling. The SAAF further assists the Civil Aviation Authority and the SAPS border component in reducing the incidence of illegal aircraft flights into the country which, in most cases, are involved with smuggling of some kind.
provide healthcare for the President and Deputy President.
Since 1996, the Department of Defence has been undergoing a formal transformation process through which the Transformation Project was registered.
maximise defence capabilities through an affordable and sustainable force design and structure minimise defence costs by business process, i.e. engineering and restructuring of especially the support structures institutionalise appropriate leadership, command and management practices, philosophy and principles align defence policies, plans and management with the overall government transformation and administrative-reform initiatives ensure compliance with the Public Finance Management Act (PFMA), 1999 (Act 1 of 1999) as amended by Act 29 of 1999 and National Treasury regulations.
After comprehensive research, a set of seven shared values for the Department was approved.
military professionalism human dignity integrity leadership accountability loyalty patriotism.
In accordance with the Force Employment Strategy approved in 2002, the force employment structures are being revisited to make provision for rationalised level-3 operational structures to enhance command and control, cost-efficiency and functional differentiation at levels 2, 3 and 4 of the Joint Operations Division. This will ensure that the core strategic objectives of the Department are effectively addressed. It is foreseen that the five permanent Regional Joint Task Force Headquarters will be replaced by nine smaller Level-4 Regional Joint Task Force Tactical Headquarters, one in each province.
If required, temporary Joint Task Force Headquarters may be created for specific operations. Combat-ready units are prepared, provided and supported, as required.
Bases are lower-level structures provided by all the Services. Units are generally clustered in or around bases and share common facilities and services.
Bases exercise administrative control, but not command over attached units. In some cases, base commanders may also be type-formation commanders or task-force commanders for specific local operations or exercises.
The 'one force' concept comprises the Regular and Reserve Force components of the SANDF.
The Regular Force consists of highly trained soldiers to operate and maintain a core capability, sophisticated equipment and defence systems.
The Reserve Force is the former part-time component of the SANDF. They are trained to bolster the core defence commitment. Other components are the Army Conventional Reserve, the Army Territorial Reserve, which includes the commandos, the SAAF, the Naval Reserve and the SAMHS Reserve. The Army Territorial Reserve operates mainly in cooperation with other government departments, especially the SAPS. Approval has been granted for the expansion of the Defence Reserve Force divisions to include offices in 10 regions. These offices will carry out the mandate of Chief of Defence Reserve at regional level.
This is aimed at involving Reserve Force members in the command, management and decision-making processes, and providing them with enhanced career-development opportunities.
The Chiefs of the Services (Army, SAAF, Navy and SAMHS) are responsible for the 'provide forces' processes of their respective Services. Formations are basic building-blocks in this process.
Each formation has its own commander. A formation includes, where practical, all units and support elements relating to a specific user-system type. It is capable of providing a fully supported user system to a commander responsible for the exercising and combatreadiness of land, air, maritime and militaryhealth capabilities, such as a brigade or division commander.
A formation can provide the same service to a task-force commander appointed by the Chief of Joint Operations.
This is a considerable improvement in costeffectiveness, while it also provides the best way of retaining core defence capabilities, especially expertise in critical mass function.
SAMHS - military-health formations. A formation's specific geographical location depends on where its combat and support units are concentrated.
Support formations are intermediate structures with their own formation commanders. Their task is to provide combat support to type formations and other system structures. Their nature and functions are generally similar to those of type formations, except that they do not provide combat-ready forces.
The termination of the Integration Intake Bill together with a constitutional amendment and an amendment to the Demobilisation Act, 1996 (Act 99 of 1996), aims to formally and legally bring the integration and demobilisation process to an end.
Provision is made, however, for members whose names are on the Certified Personnel Register and are granted amnesty to be considered for integration.
Subject to the promulgation of the draft legislation, a final intake of former nonstatutory force members will be undertaken.
A Code of Conduct, which will be signed by all top management members, has been formulated.
The Code is intended to capture the core values of the SANDF and is a vision of military professionalism in South Africa. It provides a normative basis for unity, morale and discipline.
The Military Veterans Affairs Act, 1999 (Act 17 of 1999), came into effect on 1 February 2001, and the regulations in terms of the Act have been approved by the Minister of Defence for promulgation.
The South African National Defence Force Commando system will be replaced by a revised South African Police Service (SAPS) Reservist System based on the amended National Instruction for Reservists.
This System is linked to various initiatives which form part of the National Crime-Combating Strategy normalisation phase, such as the drastic increase in the SAPS personnel figures over the next three years from 2003, the restructuring of specialised investigation units, the implementation of sector policing, and the establishment of crime-combating units for each police area.
The Minister has appointed the Chairperson and members of the Advisory Board on Military Veterans' Affairs from nominations received from the recognised military veterans' organisations. The President is designated the Patron-in-Chief of all military veterans in terms of the Act.
The Board was involved in preparations for the launch of the new Military Veterans' Federation and hosting the World Veterans' Federation Congress in December 2003. Military veterans and the Department of Defence are involved in the Freedom Park Project at Salvokop in Pretoria, which will commemorate and celebrate the history of South Africa's struggle for freedom. (See Chapter 5: Arts and culture.
As in the past, the SANDF participated in various disaster and human-relief operations throughout South Africa and the region in 2002/03.
The SANDF, through the SAMHS, assisted in stabilising a severe cholera outbreak in KwaZulu-Natal. The organisation also became involved in the management, containment and combat of a major foot-and-mouth disease outbreak.
The transformation of the Department's human resources entails two macroprocesses, namely a reduction in the number of personnel (downsizing) and the attainment of the desired composition and ratios (rightsizing).
The Defence Review guidelines, financial limitations and Parliamentary approval will determine the final force design and shape of the Department, as well as the size and composition of its human resources.
The Department strives towards representivity at all levels in terms of gender and race. The Department's baseline target for race is 65% African, 10% coloured, 0,75% Indian and 24% white.
Since 1994, unions have emerged among certain government departments initially referred to as essential services. These unions exist through provisions of the Labour Relations Act, 1995 (Act 66 of 1995), and exclude the military personnel in the Department of Defence.
The battle to legalise unions in the South African National Defence Force (SANDF) was precipitated by the leadership of the South African National Defence Union (SANDU) at the Constitutional Court (CC) as a result of the refusal of the SANDF to recognise trade unions.
The CC found it unconstitutional to deprive uniformed members the right to join trade unions or any organisations looking after their interests. At the end of May 1999, the Court ordered the Minister of Defence to promulgate regulations concerning the relationship between the members of the SANDF and the Department of Defence as the employer.
Consequently, the regulations granting labour rights to members of the SANDF were promulgated and published in the Government Gazette on 20 August 1999 as Chapter 20 of the General Regulations for the SANDF and Reserve. These Regulations provide for the formation of military trade unions (MTUs) and apply to members of the Permanent Force and the Auxiliary Service. Various MTUs were formed and registered with the right to recruit members within the SANDF to meet the threshold required for formal registration as an MTU by the Registrar of MTUs. Individual members are required to accept the rights and limitations in respect of their labour rights as specified in the Regulations. Subject to the provisions of these Regulations, a member is entitled to exercise his or her labour rights as contemplated in Section 23 of the Constitution, on an individual basis or collectively through an MTU. No member may join or belong to any trade union other than an MTU.
The limitations are that members may not participate in a strike or secondary strike or incite other members to strike or to participate in a secondary strike. Members are prohibited from participating in peaceful and unarmed assemblies, demonstrations, pickets and petitions in support of a strike or secondary strike relating to any defence matter.
The Regulations also provide for organisational and bargaining rights with regard to MTUs.
Subject to the provisions of the Regulations, the following MTUs are permitted to recruit members in the SANDF: SANDU, the Armed Force Union of South Africa, the South African National Defence Forum and the Military Trade Union of South Africa. A number of other groupings are organising and are expected to be recognised shortly. The first MTU was registered in July 2000.
African, 12% coloured, 1% Asian and 25% white, while 85% of the Force was male and 15% female.
The baseline target for the employment of people with disabilities is 2% but owing to rightsizing this is not viable. By September 2003, the Department of Defence was employing 446 persons with disabilities. To achieve the target, the Department would have to employ 1 400 persons with disabilities.
For political, strategic and economic reasons, the SANDF is an all-volunteer force consisting of a Regular Force core and a sufficiently large Reserve Force. This Force can be further augmented by a controlled reserve consisting of trained personnel who have done military service and are no longer active in the SANDF, but who can be utilised for 'hostilities only' on a voluntary basis.
The basic structure of the system is highly cost-effective and allows for flexibility in force levels according to the operational requirement. The system is non-discriminatory and females have an equal opportunity to serve in combat mustering.
The size and structure of the Reserve Force is derived from the force design and structure of each of the Services and makes provision for combat, combat support and support-force structure elements as well as staff officers at all levels. Approximately 85% of the Reserve Force component of the SANDF is in the South African Army and consists of two main elements, namely conventional and territorial units.
As an integral and essential part of the SANDF, the Reserve Force component will, during mobilisation or in times of war, provide a substantial expansion capability to the personnel component of the SANDF.
As the intended prime source from which the Reserve Force is to be staffed in future, a Military Skills Development (MSD) Programme has been introduced in the SANDF. The MSD Programme is similar to voluntary national service. Members are selected to undergo training and serve in the armed forces for a period of two years, after which those who are not selected for extension of full-time service have an obligation to serve in the Reserve Force for a period of five years.
The Reserve Force of the SANDF is organised in the classic military array of regiments, battalions and maintenance units, while the establishment of the Reserve Force Formation in the SAMHS facilitates the detachment of elements as required.
As an integral part of the SANDF, the Reserve Force is under the command of the Chiefs of the respective services. Units function from independently managed headquarters under the command of a Reserve Force unit commander. At corporate level, a dedicated staff division renders a Reserve Force Marketing and Policy Advice Service to the Department of Defence.
The Reserve Force of the SANDF are trained to the same level of competency as their Regular Force counterparts and have the opportunity to advance through the ranks in their respective units by attending the appropriate courses for functional development and promotion.
Members of the Reserve Force may volunteer for service outside the borders of South Africa, e.g. to be deployed for peace-support operations.
Reserve Force members are paid for services rendered whether it be training or operations. Members may be called upon to serve for a specific period (continuous service) or for short periods which may vary from a few hours, to a day or a few days at a time (noncontinuous service).
The Directorate: Personnel Separation has executed programmes at various levels in terms of the Department's Human Resource Strategy 2010. The Directorate is serving as a nodal point for redeployment and resettlement.
The Department of Defence has established a Personnel Rationalisation Advisory and Co-ordinating Committee for the management of this process, in order to ensure efficient and cost-effective support programmes for both the resettlement and redeployment of the Department's members and employees affected by separation.
The Directorate has established and implemented a Social Plan, which addresses the reskilling and psychosocial needs of the Department's members and employees.
Professional multidisciplinary teams execute this support programme.
The Department of Defence has set in place the Human Resource Planning Instruction that guides the process of interdepartmental transfers of redeployable members and employees.
According to the White Paper on South African Participation in International Peace Missions, the SANDF continues to prepare for support in peace missions. Since 1999, the SANDF has established a reserve of military observers for deployment. These members are available as UN military observers, military liaison officers (MLOs) and staff officers in Mission Headquarters. Trained personnel can be deployed to any AU or SADC mission for the same purposes.
Since September 1999, one MLO has been deployed in Kampala, Uganda, as part of the UN Mission for the DRC (MONUC I). Members rotate every six months.
Since March 2001, members of the SANDF have been deployed to the AU Mission for Ethiopia and Eritrea (OLMEE), and the UN Mission in those countries. By mid-2003, five SANDF members were deployed in OLMEE, including a senior military representative and MLOs.
The SANDF also contributes to the second phase of the UN Mission for the DRC (MONUC II) in terms of specialised elements.
Some 160 members of the SANDF are deployed all over the DRC and these specialised elements include cargo-handling teams, emergency operational care orderlies, fire-fighting teams, military police and staff officers in the MONUC headquarters.
Since May 2003, some 1 300 members of the SANDF have been deployed for MONUCs Phase III in the eastern DRC.
SANDF members are also occupying posts as staff officers in the MONUC Headquarters in Kinshasa.
Since October 2001, some 700 South African soldiers have been deployed in Burundi to provide protection to the politicians who returned from exile to join the transitional institutions that were put in place on 1 November 2001. These South African soldiers became part of the AU Mission in Burundi on 1 May 2003.
The contingent will eventually comprise about 1 600 South African soldiers as part of the 3 200-strong AU Mission in Burundi, consisting of soldiers from South Africa, Mozambique and Ethiopia.
The Department of Defence has completely revised and consolidated its policies for the acquisition of weapon systems. Whereas the old approach placed emphasis squarely on the local satisfaction of systems and technological needs, the new direction takes into account the fact that South Africa is part of the global environment within which opportunities should be exploited to the benefit of the Department of Defence.
The Ground-Based Defence System (Phase 1) was contracted for delivery from 2004 to 2006.
The rapid-deployment logistical vehicles for paraforces and special forces were delivered at the end of 2002.
By November 2003, the first three South African Navy valour-class patrol corvettes had been officially named and launched.
The SAS Amatola was launched and christened by Ms Zanele Mbeki, the First Lady, on 2 June 2002. The vessel was transferred to South Africa in November 2003 for the fitment of her weapons and combat suites.
The SAS Isandlwana was launched and christened by Ms Nozizwe Madlala-Routledge, the Deputy Minister of Defence, on 5 December 2002. The vessel will be handed over to the Navy, after fitment of her weapons and combat suites, in August 2005.
The SAS Spioenkop was launched and christened by Ms Thandi Modise, Chairperson of the Parliamentary Standing Committee on Defence, on 4 June 2003. The vessel will be handed over to the South African Navy in December 2005.
The fourth corvette, SAS Mendi, was expected to be launched and christened in December 2003 for final handover to the Navy in February 2006.
These ships are the first new warships for South Africa in 16 years and are specifically designed for South African conditions.
South Africa is acquiring three types of 209 submarines from Germany. The first boat is due for commissioning and trials in July 2005, with delivery to South Africa expected by the end of 2005.
The submarines will be delivered at approximately 12-month intervals, with the final delivery expected by December 2008.
Inkwazi, which means 'fish eagle', is the name given to the Boeing Business Jet which the SAAF accepted into service in January 2003. Inkwazi provides the South African Government with a VIP intercontinental airtransport capability.
The first four of nine C130 Hercules mid-life aircraft have been delivered to the SAAF after a life-extension programme. The final delivery is expected by October 2004.
Ministerial approval has been received for the procurement of four maritime helicopters for the SAAF for operational deployment on the South African Navy corvettes.
new tactical radios new power-supply equipment new telecommunications infrastructure human centrifuge. Provision was made by the Government in 2003/04 for the procurement of Westland Super Lynx multirole naval helicopters to be carried on board the patrol corvettes.
Facilities, Land and Environmental Management in the Department of Defence strives for the efficient management of these entities.
The Department has adopted the process of base conversion. The focus is on the role and responsibilities of the military process of conversion aimed at assisting role-players in closing down and re-using military bases in a sustainable manner. The Military Integrated Training Range Guidebook provides military environmental managers with a process that will ensure long-term continuation of environmentally sound management practices, while simultaneously enhancing the ability of the defence sector to sustain long-term and costeffective range operations.
The Department continues to demonstrate its responsibility as custodian of land entrusted to it through active co-operation in the land redistribution and restitution policies of government. It co-operated in a pilot study regarding the closing down and re-use of redundant military bases for the purposes of alternative economic land-use initiatives. These are aimed at achieving co-operative environmental governance as advocated in national environmental policies.
Over the past decade, the Department has been rationalising its land portfolio and has made one-third (close to a quarter million hectares) of its original estate available for non-military use.
The primary function of Armscor is to acquire defence products, mainly for the SANDF, and to co-manage, with the SANDF, the development of technologies for future weapon systems and products. It also manages the disposal of excess, forfeited, redundant or surplus defence material for the SANDF and subsidiary companies, which directly support defence technology and acquisition strategies.
Armscor's other functions include providing tender-board functions; acting as procurement secretariat; providing financial, quality and asset-management services; as well as legal services, project security and arms-control compliance assurance.
The net value of the Armscor Group's assets of R381,3 million on 31 March 2003 was slightly higher than the previous year's R356,1 million. Investments and cash form a substantial part of the assets and are reserved to finance specific future obligations, such as the replacement of capital equipment and promotion activities.
The Institute for Maritime Technology (Pty) Ltd, which aims to satisfy strategic needs for technomilitary support, products and services, and to establish applicable technology and systems to further the interests of the SANDF.
Gerotek Test Facilities (Pty) Ltd, which is a global leader in vehicle-testing and related services, such as product-testing, consultancy and armour development.
Alkantpan (Pty) Ltd, which offers an all-purpose weapon and ammunition test range, compiles specifications and analyses test data.
Protechnik Laboratories (Pty) Ltd, which conducts research and development in the field of chemical defence, such as the protection of personnel working in chemically hazardous environments.
The South African Defence Export Support Organisation, which promotes export opportunities for the defence-related industry in order to retain strategic technologies and expertise for the SANDF and sustain the South African incorporated export drive.
Hazmat Protective Systems (Pty) Ltd, which manufactures and markets protective equipment for use in chemical or biological warfare, as well as industrial respirators and breathing equipment.
AB Logistics, which provides services such as freight clearing and forwarding, chartering of aircraft/vessels, travel arrangements and other related services.
The Defence Institute, which assists the defence community in developing informed solutions in decision-making problems over the full life cycle of defence capabilities. It provides decision-support services at a strategic, operational and technical level and renders engineering and management services.
The activities of Armscor are financed mainly by an annual transfer payment from the Department of Defence, interest received on investments, the hiring of some of their buildings, commission from stock sales, and income from subsidiaries.
Acquisition of arms is totally transparent. Armscor publishes the monthly Contracts Bulletin, which contains all requests for proposals and tenders awarded. An electronic bulletin, updated daily, is available to industry via a computer network.
During March 2003, the Defence Council of the SANDF approved the running and management of the transformation process of the Simon's Town Naval Dockyard by Armscor. The decision was necessitated by the need to provide effective and professional logistical support to the Navy, and to utilise and manage the Dockyard's capacity on a sound economic and commercial basis.
The transformation process will be jointly managed by Armscor, the Secretary of Defence and the South African Navy.
Established in 1992 and registered under the South African Companies Act, 1973 (Act 61 of 1973), Denel (Pty) Ltd operates as a profitdriven company.
The State is currently the sole shareholder, although the Government's restructuring programme of State-owned enterprises is under way. This has already resulted in a majority stake (51%) in Denel's Airmotive division being sold to the French company Turbomeca, part of the SNECMA group. Denel currently retains 49% in the new company called Turbomeca Africa.
The group employs approximately 10 500 people in several predominantly defence-related divisions. Recognised as a world leader in artillery systems, Denel's defence capabilities were established over 50 years ago when some of its oldest manufacturing divisions were formed.
aviation and guided weapons ordnance commercial and information technologies. With a broad range of products and systems exported and supported worldwide, Denel also has alliances and joint ventures with major international aerospace and defence companies.
The modernisation of the SANDF's major defence systems afforded Denel an opportunity to secure some offset contracts.
In terms of the Defence Industrial Participation and non-defence-related National Industrial Participation activities, Denel supplies aerostructures for Gripen and Hawk aircraft to BAE Systems and Saab. It has started licence manufacturing of the Agusta A119 Koala helicopters for AgustaWestland and is providing aircraft parts to the Boeing Company for Boeing 747 and B767 commercial airliners.
Denel's Eloptro division manufactures periscopes for Zeiss Optronik in Germany, destined for Greece and South Korea's navy submarines.
Like many other South African companies, Denel is also benefiting from new technology transfers, as well as training and skillsdevelopment programmes provided by international suppliers. Some of its staff, mainly from previously disadvantaged communities, receive aviation technical training in Sweden, Italy and the United Kingdom.
Export sales now account for more than 50% of Denel's turnover, exceeding 80% in certain manufacturing divisions. Its order cover in 2002 amounted to some R9 billion.
Denel's leading ordnance technologies, including projectiles and the M90 bimodular charge system for 155-mm artillery guns, find ready export markets in the North Atlantic Treaty Organisation (NATO) and elsewhere.
Some of its subsystems such as the Arachnida weapon-management system, laser rangefinders and thermal-imaging equipment now operate within the NATO environment. Finland's Navy selected the sophisticated Umkhonto naval missile, developed by Denel's Kentron division.
Denel's Mechem division is successfully executing humanitarian landmine clearance, notably in the DRC, northern Iraq and Afghanistan, often in terms of UN contracts.
unmanned aerial vehicles and target drones airborne observation and electro-optical systems innovative landmine-clearing technologies small- to medium-calibre ammunition infantry weapons world-leading integrated artillery systems. From Denel's proven capabilities in defence technology development and manufacturing, it has also emerged as a leader in commercial fields such as property development, innovative food technology, industrial manufacturing and information technology.
In June 2003, Denel was contracted on behalf of Boeing by the Satellite Application Centre of the Council for Scientific and Industrial Research (CSIR) to provide critical mission assistance during the launch of the Mars Exploration Rover (MER).
By deploying one of its mobile telemetry systems to Oshakati in Namibia, Denel's OTB advanced test range near Bredasdorp in the Western Cape was able to monitor and relay data of the Delta 11 launcher's second and third-stage separation shortly after lift-off. The MER was launched, after two delays, on 10 June 2003, on its seven-month journey to Mars.
On 24 September 2003, Denel announced a R75-million contract to sell a high-tech helmet-tracking system to Europe's BAE Systems and Saab.
The contract forms part of South Africa's Gripen and Hawk procurement deals. South Africa is in the process of buying 28 Gripen fighter jets from Saab as part of the arms procurement deal.
The two export contracts involve the sale of the advanced helmet-tracking system for NATO's latest jet fighters, the Eurofighter-Typhoon, and for components of the Gripen helmet-display system.
Denel and BAE were expected to supply 620 Typhoons with 800 advanced helmet systems and 200 Gripen fighters with 250 components of the helmet-display system.
Through special sensors, the system allows a pilot to control weapons and take readings of targets' location and distance by simply looking at the instrument panels.
Once the pilot has spotted the target, the weapons-guided system picks up on the target and directs the missile or canon by itself. The system, which can also be operated at night with an infrared display, also provides pilots with information on way-points, height, speed and warnings.
The NCACC consists of Ministers and Deputy Ministers, and oversees policy and sets control mechanisms for the South African arms trade. It ensures that arms-trade policies conform to internationally accepted practices.
Companies interested in exporting arms have to apply for export permits, after which the Ministry of Defence processes the application.
Each application is also sent for scrutiny to the relevant government departments, such as Foreign Affairs or Trade and Industry. The application is then referred to the various Directors-General to make their recommendations, whereafter the NCACC makes the final decision.
An independent inspectorate ensures that all levels of the process are subject to independent scrutiny and supervision, and conducted in accordance with the policies and guidelines of the NCACC. The inspectorate submits periodic reports to the Standing Parliamentary Committee on Defence.
Between 25 June and 1 August 2003, military units of the South African Defence Force and the United States of America (USA) conducted a routine bilateral training exercise, dubbed Exercise Flintlock.
The aim of the Exercise was to conduct a multinational airborne-focused field-training exercise in South Africa as an element of peacesupport operations.
The Exercise included a broad spectrum of military activities, such as combat life-saving procedures, live firing of weapons, day and nighttime low-level flying, and airdrops of personnel and equipment.
The Exercise provided the US forces with a new diverse environment in which to train, while the South African forces had the training opportunity to enhance their peace-support and humanitarian operation capabilities.
There are two civilian intelligence structures, namely the National Intelligence Agency (NIA) and the South African Secret Service (SASS).
The NIA's mission is to proactively, professionally and impartially manage and provide the Government with domestic intelligence and counter-intelligence to enhance national security and defend the Constitution, the interests of the State and the well-being of the people of South Africa.
monitoring South Africa's compliance with international terrorism treaties monitoring local support of international terrorist groups monitoring international terrorism and related trends with a view to ascertaining their impact on South Africa.
urban terrorism extremism cyber terrorism. The SASS is South Africa's foreign-intelligence capacity. It is concerned with providing clients with accurate, policy-relevant and timeous foreign intelligence collected abroad with the intention to inform, forecast and advise on real and potential threats and opportunities to the country. The purpose of the intelligence process is to promote, enhance and protect the national and security interests of the country and its people.
Executive control is exercised by a civilian Ministry and a Cabinet committee.
The civilian intelligence services are accountable to the Minister of Intelligence, who reports to the Cabinet through the Cabinet Committee on Security and Intelligence Affairs.
Parliament has also appointed a mechanism, the Joint Standing Committee on Intelligence, legislated in the Intelligence Services Control Act, 1994 (Act 40 of 1994), which is able to order investigations into the intelligence community's activities.
In addition, the Constitution provides for protection against State abuse through the Public Protector and the Human Rights Commission. (See Chapter 15: Justice and correctional services.
safeguarding the Constitution promoting the interrelated elements of security, stability, co-operation and development, both within South Africa and in relation to southern Africa upholding the individual rights enunciated in the chapter on Fundamental Rights (the Bill of Rights) contained in the Constitution intensifying collection efforts on crime in support of the SAPS' crime intelligence task promoting South Africa's ability to face foreign threats and to enhance its competitiveness in a dynamic world achieving national prosperity while making an active contribution to global peace and other globally defined priorities for the wellbeing of humankind.
The National Strategic Intelligence Amendment Act, 1998 (Act 37 of 1998), allows South Africa to conduct a counter-intelligence service overseas, under the SASS.
The Act also gives the Minister of Intelligence a seat on the National Intelligence Co-ordinating Committee and more clearly defines his/her powers and functions.
The Minister is also accountable to the Cabinet for co-ordinating intelligence by the national intelligence structures.
The South African Academy of Intelligence (SANAI), situated at the Mzwandile Piliso Campus in Mafikeng, North West, opened its doors on 28 February 2003.
The SANAI is responsible for providing training to members of the intelligence community and other related departments.
The Academy is involved with the management and running of a cadet programme which seeks to attract the best of the youth. The cadet programme will be driven by a systemic process of talent-spotting, headhunting, and focused and dedicated training of the youth, to bring much-needed skills into the intelligence community.
During 2002/03, the Electronic Communications Security Company was established to develop cutting-edge electronic communications technology and secure South Africa's communications sector.
One of the Company's first tasks is to conduct security audits of prioritised government departments at provincial and local level. This is a strategic intervention aimed at ensuring that e-commerce in South Africa can thrive without difficulty in reaction to threats posed by intrusion, cyber crime or cyber sabotage.
In an effort to unmask cyber criminals' plans, the Office of Interception Centres will be established.
These Centres will target those who seek to undermine South Africa's national security, commit crimes, and steal and sell strategic information belonging to the country.
The Centres will interface with telecommunications operators to provide law-enforcement agencies with judiciary-approved intercepting products and services, as approved by Parliament through the Regulation of Interception of Communication and Provision of Communication-Related Information Act, 2002 (Act 70 of 2002).
The Interception Act, 2002 prohibits the manufacturing, possession, selling and use of interception devices. The only structures that may manufacture, possess or sell these devices are law-enforcement agencies and those private security companies registered in terms of the Private Security Industry Regulation Act, 2001 (Act 56 of 2001). These authorised groups can intercept communications for the sole purpose of combating crime and providing emergency services.
Armscor Denel Estimates of National Expenditure 2003, published by the National Treasury Independent Complaints Directorate Secretariat for Safety and Security South African National Defence Force South African Police Service www.gov.
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Bornman, E. and others. Violence in South Africa: A Variety of Perspectives. Pretoria: Human Sciences Research Council (HSRC), 1998.
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Brogden, M. and Shearing, C. Policing for a New South Africa. London: Routledge, 1993.
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The State of the world population: 2004 report that is being released today suggests that life expectancy at birth for South African males in 2004 is 45.1 years while the life expectancy for females is reported as 50.7 years. The total population is estimates to decline from 45.2 million in 2004 to 40.2 million in 2050. Other estimates provided include at TFR of 2.61 and HIV prevalence rates for the sexually active population of 18.1 for males and 23.5 for females. It is also stated that the South African GDP may decline by 17% by 2010. This raises several issues that warrant discussion with the Department of Social Development about some of the assumptions and assertions in the report.
The difference between the estimates provided in the report and the official estimates by Stats SA may be largely explained by differences in the base populations used to derive these estimates. The use of the wrong base population then often leads to incorrect and often implausible estimates.
With regard to estimates of life expectancy, the official figure released by Stats SA in July this year estimated male life expectancy in South Africa for 2004 as 50 years and female life expectancy at 53 years.
With regard to mortality and HIV prevalence rates, it is the view of Stats SA that the position taken in the report is not accurate. Data form the 2001/2 Zambian DHS suggest that adult HIV prevalence rates based on ANC data may overestimate prevalence rates by as much as 20 per cent. Stats SA have estimated the HIV prevalence rate at 15,6% for 2002. This figure is based on the Nelson Mandela/HSRC study on HIV. Many demographers accept this study as providing reasonable estimates of HIV prevalence rates at the national level.
While there remains uncertainty about the level and age pattern of mortality, including non-AIDS mortality in South Africa, the estimated proportion of registered deaths is substantially higher now than at the beginning of Democracy. For 1996 Stats SA estimated the level of completeness of death registration at 67%. These substantial improvements in death registration greatly reduce uncertainty in the levels and age patterns of non-AIDS mortality.
Based on empirical evidence, the Stats SA estimates of HIV prevalence rates, are therefore approximately 6,5% lower than some International agencies such as WHO, and the United Nations. As the national statistical agency, the organization focuses on issues in an unbiased way. At present, there is no compelling empirical evidence to suggest that the Stats SA assumption of HIV prevalence should be revised. HIV prevalence rates may be revised on the completion of the causes of death currently underway.
The report provides estimates about fertility that is incorrect. The future course of fertility in South Africa is extremely important. Variation in fertility assumptions makes much more difference in estimates and projections than does variation in mortality assumptions. Fertility is important because every person is born at age zero and contributes directly to population size. Furthermore, each birth adds to the base population, which in turn contributes to population momentum and has the opportunity to pass through the reproductive ages (15-49) and have children. The estimating total fertility rate of 2.6 is too low. Extensive analyses by demographers of the 1998 DHS and the 1996, and 2001 censuses suggest that the TFR for 2001 was between 2.84 and 3.0. On the basis of this analysis Stats SA has estimated the TFR for 2004 at 2.77. The implied momentum of fertility decline suggested by the report is therefore problematic.
The report further suggests a depopulation of South Africa. It is estimated that the population will decline from 45.2 million in 2004 (approximately 1,4 million less than the official estimate from Stats) to 40.2 million in 2050 (presumably as a result of HIV mortality). It must be pointed out however, that mortality has much less effect on population growth. So, for example, when a person dies after the reproductive ages, her lifetime fertility us unaffected, or slightly affected if she dies during the reproductive ages. Neonatal and peri-natal mortality has no effect on population growth. In addition, as has been pointed out by demographers (Anderson 2002) that in virtually all populations, even very high mortality populations, the probability of dying between age 10 and age 20 is very low. It is the range of the fertility assumptions used in population estimates that are likely to be the most important element of the future size of the South African population. The implausibly low TFR of 2.6 therefore results in estimates of the total population that suggests depopulation.
A serious assertion made in the report is related to GDP. In Chapter 8 (page 64) it is stated that by one estimate if 15% of the population is HIV positive, DGP declines by 1% per year. Based on this assumption, the report argues that South Africa's GDP is expected to decline by 17% by 2010. While Stats SA is not downplaying the importance of the impact of HIV and the response needed to contain the disease, this assertion is unfounded. This statement makes in our view incorrect assumptions about the age structure of the South African labour market and the composition of those affected by HIV. It implies that 15% of the population contributes to 1% of the GDP. It is not stated in the report how this relationship is derived at. Analyzing GDP and the economy must be done in the context of the different factors and sectors of the economy's contribution to GDP. Clearly it is implausible to assume that all HIV positive persons in the workforce will fall sick at one. It is not clear at all from the report how the 15% HIV positive rate translates to a 1% reduction in GDP. However, apart from problems of this implied causal connection between reduction in GDP and proportion of the population that is HIV positive, the report also does not make explicit why this particular estimate or assumption is used.
In conclusion, the extreme assumptions of HIV prevalence rates, the associated mortality rates and the implied impact of HIV on South African society, suggested by the report are questioned. It is the position of Stats SA that these are not accurate and that they seriously distort the demographic and economic indicators of the country. The measures presented in the report do not confirm official estimates by Stats SA. However, not only are these indicators at variance with the official estimates, such as the mid-year estimates and other analysis carried out by the statistical agency, they are deemed implausible.
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"It is rail, not private cars, that is the future of our public transport system," he said.
Snap daily forecasts for 20 cities and towns.
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Professor Steven Friedman of the University of Johannesburg says service delivery protests within municipalities are not literally about service delivery but are about citizens demanding to be involved in government.
Friedman was addressing delegates attending the Safety and Security Summit on Service Delivery Unrest at Badplaas today [Thursday, 18 March 2010] organized by the Mpumalanga Department of Safety, Security and Liaison.
He said that although the protests were known as demanding services, in actual fact citizens wanted involvement in the government they democratically elected.
Friedman said, since 1994 there has been no feedback from those in government about decisions they made.
He said such incidences led to frustrations and people resorted to protests in the name of wanting basic services such as water, electricity, roads and houses.
Friedman said that it was high time that those in decision making positions change their attitude and listen to the people who voted for them.
He explained that government needed to understand that people voted for them into power so that they could "bring the goodies" on their behalf, and they subsequently needed to deliver as expected.
In the process of rendering the services, citizens want to be involved in determining what services are delivered in their localities.
"Citizens become angry when they feel their lives are being interfered with without having been consulted; there is a need for good communication between those in government and the people who elected them," he said.
He added that, in general, an average citizen understands that there are sometimes constrains in delivering services, but authorities need to explain to the people.
He said the protests had been going on for the past five years and people were utilizing their right to view their opinion through the demonstrations. He warned that with local government elections around the corner, government should be aware that some people would be influencing others not to vote because of dissatisfaction about service delivery processes.
"Since we are now a democratic society, we will have to allow them to do that," said the Professor.
He said sometimes protests were promoted by political actors who had certain interests and at times the protests were genuine because people had information.
People are not asking government to go back to their desks and come out with sophisticated systems and resources, these protests will never end unless decision makers listen to the views of the people who put them into government.
"They want to be listened to because they are important, they voted and since we are in a democratic state, they want a voice in the decision making processes," he said.
He confirmed that protests did not happen spontaneously but were organized by people either in government or leaders of concerned groups.
The summit which coordinated under the theme "Together enhancing lawful and peaceful protests" was attended by among others, the South African Police Services, Justice Department, Correctional Services department, SALGA and councilors.
The main aim was to deliberate on issues that are affecting the province relating to service delivery protests and their consequences.
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It's a fact!
South Africa will become the first African country to host the 2010 FIFA World Cupâ, starting from 11 June to 11 July 2010.
South Africa made its final presentation to host the World Cup to FIFA's Executive Committee at the Trade Centre in Zurich on 14 May 2004.
On 15 May 2004, FIFA President, Sepp Blatter, announced that South Africa would be the host of the 2010 FIFA World Cupâ.
Thirty-two countries have qualified for the 2010 FIFA World Cupâ. Six of these are from Africa, namely: South Africa, Ghana, Cote d'Ivoire, Nigeria, Cameroon and Algeria.
The rest of the qualified countries are Japan, the Netherlands, Korea Democratic People's Republic, Australia, Korea Republic, United States of America, Brazil, England, Paraguay, Spain, Denmark, Chile, Germany, Italy, Mexico, Serbia, Switzerland, Argentina, Honduras, Slovakia, France, Portugal, Slovenia, Greece, Uruguay and New Zealand.
Five of the 10 stadiums are new and the rest have been upgraded for the event.
Johannesburg, as South Africa's economic hub, is the only city with two venues for the world cup, namely Soccer City and Ellis Park.
The guarantees are contained in the Bid Book and are required of any country that wishes to host the FIFA World Cup.
According to research by Grant Thornton, the 2010 FIFA World Cupâ will contribute R55,7 billion to the South African economy between 2006 and 2010, generate 415 400 jobs and contribute R19,3 billion in income tax to government.
The firm estimates that some 483 250 tourists will spend around R8, 5 billion during their stay in South Africa.
Between 2006 and 2010, government will spend approximately R600 billion on infrastructure development, and much of this is for World Cup-related projects.
This investment comprises a dedicated R13,6-billion allocation for the 2010 FIFA World Cupâ, which has been allocated to host cities (and the commuter rail agency and roads agency) to improve public transportation systems ahead of the event.
The Organising Committee (OC) has committed to using companies compliant with South Africa's Black Economic Empowerment (BEE) legislation and small, medium and micro enterprises (SMMEs).
By 30 September 2008, 55% of the organisation's spend was through BEE companies and 26% through SMMEs.
South Africa has hosted more than 140 major international events since 1994. Among them were the Rugby World Cup, Africa Cup of Nations, Cricket World Cup, World Summit on Sustainable Development and, recently, the FIFA Confederations Cup.
Government is responsible for general security while venue security is the responsibility of the 2010 FIFA World Cupâ OC.
These include 31 000 permanent members and 10 000 police reservists.
Each of the 32 qualifying teams is expected to send at least two police officers to support the security forces during the tournament.
South Africa had representatives at the 2006 FIFA World Cup, UEFA EURO 2008 and the Beijing Olympics to learn from the host countries' experiences.
The centre in Khayelitsha will help to educate young boys and girls from the community about HIV and AIDS and give them knowledge to live HIV-free.
Cape Town Harbour, Cape Town.
2010 FIFA World Cup-Quick Facts.
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Somali residents living in Barberton area who are owning smaller shops have pleaded with Mpumalanga Safety, Security and Liaison MEC to help them get bank accounts because criminals steal their cash.
They said they wanted to be treated as "residents of this country" and be protected by the Constitution. They said, without bank accounts, criminals were robbing their businesses because they knew that they sometimes hide money either at their shops or homes.
They conceded that they hid money because they did not have bank accounts to save their money.
They further pleaded with the MEC to do follow-ups on cases reported at the police stations since there was no progress in terms of investigations by the police.
They commended the department for the campaign saying it had helped them with information they needed in living peacefully in the area.
The campaign was organized by Mpumalanga Department of Safety, Security and Liaison and meant for discouraging communities from buying stolen goods as burglary cases were rife in the Barberton area.
The officials were accompanied by the members of the local police stations, councilors responsible for public safety and the members of the community policing forum.
The department's Social Crime Prevention Manager Mr Agrippa Mabuza encouraged the Somalis to join community structures and participate in the department's crime prevention strategies.
"It is our department's responsibility to ensure that all residents of this province are safe, but at the same time we plead with you as foreign nationals to do the right thing by having correct documentation that allows you to be in a country legally," he said.
He said that it would be difficult for the department to assist the people who were illegally in the country.
At the same time, Barberton CPF assisted the police to arrest three suspects who were found with alleged stolen goods.
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The membership of the MUNIMEC consists of the MEC and representatives from South African Police Service (SAPS), departments of Justice and Constitutional Development, Correctional Services, Independent Complaints Directorate (ICD) as well as municipalities and provincial CPF board.
MUNIMEC meetings sits on a quarterly basis to discuss safety and security matters and how it could be enhanced by various stakeholders who participates in the forum.
Members of the media are invited to a Question and Answer Session scheduled at 13h30 immediately after the closed meeting.
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Mpumalanga Community Safety, Security and Liaison MEC Sibongile Manana announced her priorities for the first three months saying they will urgently respond to the complaints raised by communities during the past mobilisation campaigns.
MEC Manana said her department would establish two fully fledged 10111 Call Centres in Middleburg and White River. This follows complaints from the public that the number had not been easily accessible.
The MEC believes that the two Call Centres will assist the public to be able to report crime and expect speedy response from the police.
The MEC will also ensure that at least four Crime Combating Units are resuscitated in KwaMhlanga, Middleburg, Secunda and Hazyview. These Units will also undergo training on latest French Crowd Management techniques to be provided by the national department.
She added that the department will conduct a crime prevention operation to address serious and violent crimes at flash point areas.
She will also prioritizes stock theft especially in the areas of Mmametlhake and Bushbuckridge where communities had been complaining of this kind of crime.
In order to strengthen the capacity of South African Police Service to deal with crime, the MEC said at least 220 new members will be recruited.
They will be placed in the operational environment to ensure implementation of sector policing in the police stations.
Next week (Friday, 29 May 2009), the department will hold a School Safety Indaba to strategize the methods that needs to be employed when dealing with the escalating crime and violence in the schools. Crime at schools is posing a huge threat to government efforts to deliver quality education.
The Indaba is expected to mobilize and support existing structures on school safety.
Tourism Safety will be enhanced by the deployment of 250 Tourism Safety Monitors. The aim of the tourism safety is to create and ensure a safe environment for tourists visiting Mpumalanga.
She explained that tourism view points will now be deyermined by her department to ensure tourists safety.
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<fn>GOV-ZA.18082009En.2012-02-10.en.txt</fn>
Mpumalanga Community Safety, Security and Liaison MEC Sibongile Manana has called on the police management to urgently discipline corrupt officials arrested last week for corruption.
An angry Manana said she had had enough of corrupt officers and SAPS Management should fire them if found guilty because were not passionate and not good for the country.
It is not the first time police officers are involved in corrupt activities since she became the MEC for Community Safety, Security and Liaison.
Last month confiscated mandrax worth R3, 7 million disappeared at a Nelspruit Police Station Storeroom. It was suspected that the drugs were stolen by the police officers.
"The amount of time and resources that we spend investigating corrupt officers, could be spent in strengthening our efforts to fight crime," said Manana.
"If we are serious about combating crime, we must root out corruption in the South African Police Service, so that the people will have trust over the police," said Manana.
She added that internal corruption within the police dented government's efforts to fight crime and compromised the image of SAPS.
The MEC said corruption incidence undermined the confidence the communities had in the police to fight crime. She explained that "rotten police" confused the public who ended up fearing the police who are actually supposed to protect them from criminals.
"The government has made serious strides in enhancing the relationship between SAPS and the community over the last fifteen years. We need to build on that and root out all corrupt elements within the police," said Manana.
This follows the arrests of seven police officers on charges of corruption that included demanding kick-backs from towing companies.
MEC Manana appreciated the people's effort to continue reporting corrupt police officers and other government officials.
She encouraged them to make use of institutions such as the Independent Complaints Directorate, the office of the Provincial Commissioner, the state anti-corruption hotline and even her office.
The MEC further advised SAPS Management to ensure thorough background checks on new recruits.
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<fn>GOV-ZA.18106En.2012-02-10.en.txt</fn>
Database Gazette No Notice No 896 Regulation 0 Gazette No Gazette GOV Date 19970627 Government Gazette 18106 PRESIDENT'S OFFICE No. 896. 27 June 1997 NO. 24 OF 1997: BROADCASTING AMENDMENT ACT, 1997 It is hereby notified that the President has assented to the following Act which is hereby published for general information:- No. 24 of 1997: Broadcasting Amendment Act, 1997 GENERAL EXPLANATORY NOTE: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments. ACT To amend the Broadcasting Act, 1976, in order to reduce the membership of the Board of the South African Broadcasting Corporation; and to provide that the proceeds of the sale of regional radio stations be paid into the National Revenue Fund. (Afrikaans text signed by the President.) (Assented to 26 June 1997.) BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: Amendment of section 4 of Act 73 of 1976, as amended by section 2 of Act 61 of 1982, section 1 of Act 73 of 1993 and section 1 of Act 50 of 1996 1.
61 of 1982 2.
(1)(a) The corporation shallas soon as may be practicable after the coming into operation of section 18 of the Broadcasting Amendment Act, 1982establish a consolidated income fund into which, subject to paragraph (b), all money raised, and received, by the corporation, and any other revenues of whatever nature shall be paid, and the corporation mayafter that dateestablish such other funds for specific purposes as it may deem necessary in the carrying out of its activities, in which case any payment for those purposes shall only be made out of the fund intended therefor.
The proceeds of the sale of regional radio stations shall be paid into the National Revenue Fund referred to in section 213 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996).
This Act shall be called the Broadcasting Amendment Act, 1997.
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The talks were extremely cordial and President Mubarak gave Mr de Klerk an overview of regional political developments, as well as a briefing on the Middle East peace process. Mr de Klerk dealt with developments in the southern African region, as well as with events elsewhere on the continent.
Bilateral relations between Egypt and South Africa were discussed in detail, with particular reference to the Joint Commission agreement which was signed between the two countries in March 1995 and which will be activated by a meeting between the two foreign ministers before the end of the year. Commercial exchanges between the two countries were touched on, as well as tourism and technical co-operation in all areas.
Deputy President de Klerk took the opportunity to convey the sincere best wishes of the South African government on the failure of the recent attempt on the life of President Mubarak and condemned acts of terrorism in whatever form.
This afternoon, Deputy President de Klerk will be addressing two of Egypt's foremost business forums, the Egyptian Businessmen's Association and the American Chamber of Commerce in Egypt.
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I wish to thank you for the great honour that you have bestowed upon me today. This is particularly so because of the special place that Unisa holds in the educational system of South Africa.
Unisa is by far and away the largest educational institution in South Africa, catering to more than 125 000 students - or more than a third of the total number of university students in the country.
And they are very special students. Most of them do not have the time or the money to study full-time at one of our other universities. Many of them are older than their counterparts at other universities and a high proportion are already working. They must accordingly have a high degree of self-motivation and self-discipline. They are driven by their dream of building a better life for themselves, their families and their communities.
In helping these students achieve their dreams Unisa plays a crucial role. They come from all walks of life and from all our communities - predominantly from our non-white communities. Unisa is helping to make the goal of equal opportunity for all South Africans a reality and in so-doing is helping to build a fairer and more democratic South Africa.
At the same time it making a major contribution in training the teachers, managers, professional people and businessmen that South Africa needs to become a winning nation in a highly competitive world.
The foundations of winning societies are not to be found in bricks and mortar, in steel and concrete. They may be found, rather, in intangible elements - in our attitudes, in our abilities and our aspirations. It is also these foundations that Unisa is helping to build. We will not become a successful society if we do not have the right attitudes. The rules for success are the same around the world.
There is no substitute for common sense. In South Africa our biggest challenge lies in the accommodation of our cultural diversity. Only if each and every part of our diverse society feels secure about its traditions, language and culture will we be able to build a nation at peace within itself.
There is no substitute for co-operation. Institutions, industries and societies that are divided and in conflict with one another are doomed to failure. If we expend all our energies in pursuing our short-term sectional interests we will not be able to achieve long-term collective goals. It is for this reason that it is so important for us to develop a co-operative approach in our relationships. This is equally true for the relationships between students and university management's; between workers and employers; and the broader social and political relationships within our society. In our complex society we have to work together.
The principles of co-operation must permeate every aspect of our politics, our economy and our communal and personal relations.
It is also particularly important that in a plural society such as ours there should be minimal interference in the affairs of communities and institutions. This is particularly true with regard to the autonomy and academic freedom of universities.
Our universities should be able to pursue their important role in society without undue interference from any quarter. It is also important that they should receive adequate resources to enable them to carry out their responsibilities. In a country with a limited budget and enormous demands it will always be difficult to cut the cake to everyone's satisfaction. However, in the process, it is essential that the high standards that our universities have always maintained should not be placed in jeopardy.
There is no substitute for excellence. Studies have shown that the companies and institutions around the world that have achieved success have one important point in common. They have all dedicated themselves to striving for excellence.
South Africa's reintegration into the international community will require from us a new commitment to excellence - and not only with regard to our sports teams!
Our future success will be determine by our ability to achieve high levels of sustained economic growth. Like other successful countries, we will achieve this only if we can increase our exports - and particularly our exports of manufactured products. This means that we will have to compete against the best products of countries like Singapore, Malaysia, Chile and Taiwan in markets throughout the world. We will achieve this only if we have a national commitment to excellence.
In terms our GATT commitments, our industries will within a few short years, no longer be able to shelter behind protective tariffs. Our products will have to compete with the best in the world not only in international markets, but in our domestic markets as well.
Universities have a major role to play in ensuring that we develop a national culture of excellence. But this means, in turn, that they must doggedly resist pressures to dilute their own standards. We dare not allow the value of our degrees and diplomas to be degraded by such pressures. We must, on the contrary, raise our standards to ensure that our universities continue to enjoy international respect and admiration.
A great responsibility accordingly rests on the shoulders of those who determine the future course of our universities.
You are the custodians of excellence in our society. You can do much to ensure the maintenance of national standards.
You can continue to play a key role by helping new generations of South Africans to acquire the abilities that will be necessary to build a winning country.
You can do much to instil the right attitudes in the next generation of South African leaders - attitudes based on tried and tested values and on the requirements of a co--operative society.
Finally, you can do much to meet the aspirations of our people - by offering the opportunity for tertiary education to tens of thousands of South Africans who would otherwise have been frustrated and stunted in their personal growth. Through the skills that you impart to them you will help our society to achieve its aspiration of creating a better life for millions of our people.
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Principles of public participation must be realised when conducting oversight work, to ensure that members of society also "own" the work done by the NCOP.
In the same workshop you mentioned the need to establish a relationship with the office of the Auditor-General, to be better equipped to do oversight.
Some of the oversight tools available at our disposal include the following: Site visits by the NCOP delegations to various areas; Public Hearings on legislation; Briefings to Committees by departments and relevant entities; Questions for oral and written reply to the Executive; and Specific programmes such as Taking Parliament to the People and Provincial weeks.
It is simple: the NCOP is a place at national level where representatives of the three spheres of government meet and where joint oversight in the spirit of intergovernmental relations and cooperative government is enshrined in the Constitution. So, it is not whether there is a distance or not between one sphere and the other, but whether we are able to look at issues that affect service delivery together. That is the advantage with the NCOP approach. My office is there to promote this principle of integrated approach to oversight.
The tourism industry has high expectations for next year. Ensuring tourism-friendly public transport and seeing to the safety of tourists, top the SA Tourism list. The Department of Transport says it is convinced that the rail system will be able to cope with the influx of soccer fans for the World Cup.
However, the country's public transport system is plagued by issues, such as an inefficient and ageing railway system, and an unregulated taxi industry. Calls for a touristfriendly public transport system seem to have sparked additional problems rather than offer solutions.
The Chairperson of the Portfolio Committee on Tourism, Mr Donald Gumede, says it is overstating matters to claim that South Africa is dangerous for tourists: "There is nothing out of the ordinary compared to other countries; South Africa is safer than most destinations", Mr Gumede said. Part of the plan is to develop a tourism safety programme, implemented jointly by the Department of Tourism and the South African Police Service (SAPS), which will address safety and security issues related to the World Cup. SAPS is working on the National Safety and Security Framework for 2010, and the International Marketing Council is one of the agencies identified to help "turn the tide" overseas on perceptions regarding crime in South Africa.
There is concern about fraud and corruption among airport staff, and both the Airports Company of South Africa (ACSA) and airport management have assured the Parliamentarians that they are working on strategies to address these problems. The Department of Home Affairs Immigration Services say they will be training Airline Liaison Officers, who will help curb illegal entries at the OR Tambo International Airport.
The Department of Tourism and MATCH (FIFA's accommodation partner for the 2010 World Cup) are working with the Tourism Grading Council of South Africa to assist smaller accommodation units and establishments in previously disadvantaged areas to obtain gradings and get registered as World Cup accommodation suppliers. Mr Gumede said they would interact with the Local Organising Committee (LOC) and MATCH on tourism logistics.
The Parliamentary delegation also visited Beitbridge in Musina, (Limpopo), Maseru, Ficksburg and Fouriesburg (all three in the Free State Province), to monitor their readiness for increased visitor registration. The worst challenged was Maseru Bridge, which was found to be "not yet ready for next year's soccer World Cup." The Chairperson of the Portfolio Committee on Home Affairs, Mr Ben Martins, said some of the problems were poor management, lack of proper equipment and staff shortages.
Meanwhile, South Africans have been encouraged to travel at home. The recently, while launching tourism month.
"Domestic and regional tourism is the backbone of a sustainable and robust tourism industry. In 2008, the total number of tourists in South Africa was 42,5 million, of which 9,5 million were foreign arrivals, " he said.
"Parliament recalls that Comrade Masango was amongst a group of activists who vociferously campaigned against the hanging of a prominent youth freedom fighter, Solomon Kalusha Mahlangu, before his hanging in 1979," said the deputy Chief Whip of the majority Party, Mr Bulelani Magwanishe. The National Assembly (NA) noted that Mr Masango's life was an example of heroism and commitment to the cause of the poor. The NA conveyed its condolences to the Masango family and the African National Congress.
Mr Sisulu said "Ting-Ting" Masango's dedication to the cause of freedom could not be overestimated. Those who were with him in the trenches came in large numbers to chant, recount, sing, and most of all, to pay their last respects to him. Friends and colleagues recalled the UmKhonto Wesizwe veteran. He was one of the renowned Delmas Four who were charged with treason in the 1980s, in a trial which came to be known as the "silent trial". The Delmas Four, Mr Frans "Ting-Ting" Masango, Mr Jabu Masina, Mr Neo Potsane, and Mr Joseph Makhura did not participate in the trial because they did not recognise the jurisdiction of the court. They wanted to be tried as MK soldiers and prisoners of war. The Delmas Four were found guilty and sentenced to death. They spent 18 months on death row, and made international headlines while staging a 38-day hunger strike. They were granted amnesty and released in June of 1991. The liberation struggle credentials of the deceased and his comrades were recently immortalised by their trial lawyer, Mr Peter Harris. His book, In A different Time, is a stranger-than-fiction narrative of their time together, and a harrowing account of their life on death row.
be reading of South African children, for South African children. They reflect the way in which children experience their life and how, through their experiences, they "map" themselves and their communities. The thoughtprovoking stories depict topics such as human rights, citizenship and community spirit. The book targets primary school learners, although high school pupils will relate to the stories.
We live in the flower veld ground, in spring.
We are the whisper of name Thaba Nchu, the Sunday Times over a period of a year, with the theme Every View Counts: My Story Our Stories. They were developed in 2006, in partnership with Johnnic Learning, by the Parliamentary Millennium Programme (PMP). The PMP encourages South Africans to explore their perspectives of each other and the challenges confronting the nation.
Did you know...
Various channels are available to anyone who wants to become involved in lawmaking and the activities of Parliament. You may want to present a petition, make a submission, attend a Committee meeting or a plenary debate of a House, or all of the above.
There is yet another way to participate in the work of Parliament and that is through the Parliamentary Democracy Offices, or PDOs as they are known. PDOs were created because Parliament believes that public participation drives democracy. As the custodian of parliamentary democracy, there is a constitutional imperative for it to facilitate participation. Chapter 4 of the Constitution compels Parliament to provide a national forum for public consideration of issues, to provide access to and to foster involvement in the legislative and other processes of Parliament. This provision finds permanent expression in Parliament's vision, which places people at its centre: and communities feel empowered because they can organise themselves and interact with Parliament as a stronger force.
In brief, the PDOs are there to provide a platform for people to access and participate in the processes of Parliament. When there are parliamentary programmes and activities, they must provide logistical support. Public input and feedback are collated by the PDOs, and they co-ordinate and co-operate with other spheres of government.
"In addition to our mandate we have established a track record of resolving a variety of disputes by way of facilitating contact between aggrieved parties and relevant government departments, much to the appreciation of communities," the PDOs report.
The Compensation for Occupational Injuries and Diseases Act.
In the interpretation of the law there appears to be uncertainty as to whether or not a labour broker who finds work for people, is in fact their employer. Although labour brokers find employment for temporary workers, this work may fall short of the benefits afforded to permanent employees, such as leave, wage structures and pension. Workers employed via labour brokers may be more at risk if they are injured at work. Questions arise regarding health and safety issues, and compensation. Temporary employees may be required to sign no-work, no-pay agreements, and could be entitled to fewer benefits than full-time employees.
Visit our Parliament Website www.parliament.gov.
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Amendment Act, 1997.
1959 so as to delete, substitute or insert certain definitions; to amend the name of th province in which the University is seated; to regulate the composition of the Council and the Convocation of the University anew; to amend the name of the faculty of medicine; and to provide for matters connected therewith.
House of Assembly;"; and by the deletion of the definition of "research worker".
Amendment of section 2 of Act 15 of 1959, as amended by section 2 of Act 37 of 1980 and section 11 of Act 75 of 1984 2.
"(1) The University shall as heretofore be a body corporate with its seat at Johannesburg in the Province of the Transvaal Gauteng and shall, in its name, be capable in law of suing or being sued, of investing, lending and borrowing moneys, of purchasing or otherwise acquiring, holding, leasing, hiring, selling, exchanging, alienating or hypothecating any property, movable or immovable, burdening such property with a servitude or otherwise conferring any real right therein and generally, without in any way being limited by or restricted to the powers specified above, of entering into all other contracts, and of doing or performing such acts and things as bodies corporate may by law do or perform, subject always to the provisions of this Act.".
Substitution of section 9 of Act 15 of 1959, as amended by section 6 of Act 32 of 1968, section 6 of Act 37 of 1980, section 8 of Act 64 of 1989 and section 5 of Act 78 of 1991 3.
Provided that two persons shall be drawn from business organisation. and two persons from labour organisations.
University or who enters into a contract with the University in terms of which he or she is to receive regular remuneration from the University shall forthwith vacate his or her seat on the Council.
The members of the Council shall hold office for such periods as the statutes may in each case prescribe.
If any member of the Council elected to the Council in terms of paragraph (f), (g), (h) or (i) of subsection (l) is for any reason granted leave of absence from the University for a period of three months or more, his or her place as a member of the Council for the time in which he or she takes such leave shall be filled by a member from the same constituency as the absentee, elected by the members of that particular constituency.
Subject to the provisions of subsections (1), (2), (3) and (4), any vacancy in the membership of the Council shall be filled in the manner prescribed by the statutes.
The Council shall elect from amongst its members a person to be chairperson of the Council, who shall hold office as chairperson for such period as may be prescribed by the statutes: Provided that for any period for which the chairperson is granted leave of absence the Council may elect from amongst its members another person to be acting chairperson of the Council: Provided further that any meeting of the Council at which the chairperson or acting chairperson is absent shall elect its own chairperson for that meeting.
The Council shall hold at least one ordinary meeting in each quarter of the calendar year and the quorum and the procedure at meetings of the Council shall be as prescribed by the statutes.
The Council shall administer all the property of the University and, except as otherwise provided in this Act, shall have the general control of the University and of all its affairs, purposes and functions.
subject to the provisions of this Act, appoint all such persons as it considers necessary for the efficient conduct of the University and determine the title, status, powers, privileges, functions and duties of any person so appointed, and such persons shall be subject to such disciplinary provisions as may be prescribed by the statutes or by the rules made by the Council determine, levy and collect the fees to be paid by students and the boarding charges to be paid by resident students and staff: Provided that the fees to be paid by students shall be determined after consultation with the Senate.
The Secretary to the Council shall be appointed by the Council in the manner prescribed by the statutes.
The principle of representation must be adhered to in the constitution of the council.
Amendment of section 12 of Act 15 of 1959, as amended by section 8 of Act 32 of 1968, section 9 of Act 37 of 1980 and section 11 of Act 75 of 1984 4.
Vice Chancellors, as the case may be, the Registrar or the Registrars, as the case may be, and such members or former members of the academic staff as may be determined by the statutes; and all persons who are or become graduates of the University.
Amendment of section 14 of Act 15 of 1959, as amended by section 10 of Act 37 of 1980 5.
"(1) At the University there shall be faculties of arts, science, medicine health sciences, engineering, commerce, law, dentistry architecture, education and business administration and the departments established at the commencement of this subsection. In addition to the aforementioned faculties and departments there may be established faculties of veterinary science and music and a department of veterinary science as authorised by section ten of the University of the Witwatersrand, Johannesburg, (Private) Act, 1921 (Act No. 15 of 1921), and such other faculties and departments as the Council, subject to the provisions of section fourteen of the Universities Act, 1955 (Act No.61 of 1955), may establish".
The present Council shall continue to exist until a new Council is constituted in terms of this Act.
A new Council shall be constituted in terms of this Act within three months from the date of commencement of this Act.
This Act shall be called the University of the Witwatersrand, Johannesburg (Private) Amendment Act, 1997.
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No. 29 of 1997: Appropriation Act, 1997.
To appropriate amounts of money for the requirements of the State in respect of the financial year ending 31 March 1998.
(Assented to 2 July 1997.
Subject to the provisions of the Exchequer Act, 1975 (Act No. 66 of 1975), there are hereby appropriated out of the National Revenue Fund for the requirements of the State in respect of the financial year ending 31 March 1998, as a charge to the State Revenue Account, the amounts of money shown in column 1 of the Schedule.
This Act shall be called the Appropriation Act, 1997.
| Column 1 | Column 2 No.
| | National Economic, Development and Labour | |Council.
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The Department of Land Affairs and the Thaba Nchu community cordially invite you to attend a title deeds handover celebration. The Thaba Nchu tenure project was initiated in 1997 at the request of the Thaba Nchu Land Committee. The Department of Land Affairs provided the land and funding for the planning and registration of the land.
URL: http://www.info.gov.za/speeches/2005/05051013451001.
This vision has been translated into an agriculture programme, the Comprehensive Africa Agriculture Development Programme (CAADP), which you will be deliberating on.
URL: http://www.info.gov.za/speeches/2004/04030510461004.
The purpose of the tour is to showcase successful Land Reform Projects, Land Redistribution and Tenure Security/Settlement Projects in the Eden District in George and to review 2006/7 financial year. The Honourable Deputy Minister of the Department of Agriculture and Land Affairs invites members of the media to the Eden Land Reform Media Tour from 30-31 March 2007.
URL: http://www.info.gov.za/speeches/2007/07032212451001.
URL: http://www.info.gov.za/speeches/2007/07041211151001.
>Deputy President Kgalema Motlanthe will later today, 5 June 2009, attend the funeral of the late former Deputy Minister of Agriculture and Land Affairs Advocate Dirk du Toit.
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The policy review of the system of provincial and local government is arguably one of the most significant reviews that government has undertaken. General conduct All intergovernmental forums have now been established in districts, municipalities, provinces and in relevant national government department in order to enable co-ordination across government.
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class="MsoPlainText">In the run up to International Tourist Guide Day which takes place on 21 February, the Minister, together with the vibrant tourism community of Tulbagh, invites you on a guided tour/walkabout of the quintessentialtown of Tulbagh, in particular the significant Church Street. Following the earthquake in 1969, every building in present Church Street was meticulously restored to its original form.
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Government Gazette 18486 OFFICE OF THE PRESIDENT No. 1626. 3 December 1997 NO. 70 OF 1997: NATIONAL PARKS AMENDMENT ACT, 1997.
No. 70 of 1997: National Parks Amendment Act, 1997.
ACT To amend the National Parks Act, 1976, so as to substitute the definition of "board"; to change the name of the National Parks Board, established under that Act, to that of "South African National Parks"; to regulate anew the power of the board to borrow money; to provide that the board may co-operate with certain persons or organisations prepared to volunteer their assistance in order to further the objects of the Act; and to provide that certain weapons declared forfeited shall be delivered to the South African Police Service for disposal; and to provide for matters connected therewith.
(Assented to 26 November 1997.
Act 114 of 1991, section 1 of Act 52 of 1992 and section 1 of Act 38 of 1995 1.
Amendment of section 5 of Act 57 of 1976, as substituted by section 5 of Act 23 of 1990 and amended by section 2 of Act 38 of 1995 2.
"(1) As from the date of commencement of the National Parks Amendment Act, 1997, the National Parks Board, established under this subsection as it was in force immediately before the substitution thereof by section 2(a) of the said Act, shall be known as South African National Parks."
"(1A) Any reference to the National Parks Board in any law, deed or other document shall, unless clearly inappropriate, be construed as a reference to South African National Parks."
"Provided that no loan shall be raised by the board without the authority of the Minister in excess of the total amount which the Minister shall in respect of each year approve on the conditions which he or she may determine with the concurrence of the Minister of Finance.".
Insertion of section 14A in Act 57 of 1976 3.
complies with the requirements so prescribed.
Amendment of section 24 of Act 57 of 1976, as amended by section 6 of Act 23 of 1983 and section 8 of Act 23 of 1990 4.
32(1) of the Arms and Ammunition Act, 1969 (Act No.
African Police Service to be disposed of.
Act committed within a park, and any weapon, excluding a weapon contemplated in paragraph (a), explosive, trap, poison, animal, article, vehicle or vessel declared forfeited in terms of subsection (9), shall be paid over or delivered to the board.
Amendment of section 29, as amended by section 3 of Act 60 of 1987, section 10 of Act 23 of 1990 and section 11 of Act 52 of 1992.
This Act shall be called the National Parks Amendment Act, 1997.
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Government Gazette 18494 OFFICE OF THE PRESIDENT No. 1634. 5 December 1997 NO. 78 OF 1997: QUALIFICATION OF LEGAL PRACTITIONERS AMENDMENT ACT, 1997. It is hereby notified that the President has assented to the following Act which is hereby published for general information: - No. 78 of 1997: Qualification of Legal Practitioners Amendment Act, 1997. GENERAL EXPLANATORY NOTE: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.
Recognition of Foreign Legal Qualifications and Practice Act, 1993, so as to provide for the requirement of a universal legal qualification in order to be admitted and enrolled to practice as an advocate or an attorney; and to provide for matters connected therewith.
(Afrikaans text signed by the President.
Act 60 of 1984, section 1 of Act 17 of 1987, section 2 of Act 106 of 1991, section 2 of Act 55 of 1994 and section 1 of Act 33 of 1995 1. Section 3 of the Admission of Advocates Act, 1964 (Act No.
"(aa) has satisfied all the requirements for the degree of baccalaureus legum of any university in the Republic after completing a period of study of not less than five four years for that degree; or".
1984 and section 2 of Act 115 of 1993 2. Section 2 of the Attorneys Act, 1979 (Act No.
"(a) two years after he or she has satisfied all the requirements for the degree of baccalaureus procurationis legum of any university in the Republic after pursuing for that degree a course of study of not less than four years which is recognized by the Board for the Recognition of Examinations in Law established by section 16 of the Universities Act, 1955 (Act No.
Amendment of section 2A of Act 53 of 1979, as inserted by section 3 of Act 115 of 1993 3.
Amendment of section 4 of Act 53 of 1979, as amended by section 3 of Act 108 of 1984 4.
"(ii) satisfied all the requirements for a degree, other than an honorary degree, at any university in the Republic, or for a degree or degrees referred to in paragraph (aA) (aB) or (cA) of section 2(1), in respect of which a certification in accordance with those respective paragraphs has been done.".
Amendment of section 4A of Act 53 of 1979, as inserted by section 4 of Act 115 of 1993 5.
"(ii) has satisfied all the requirements for a degree referred to in paragraphs (a) or (aA) (aB) of section 2(1) or has become entitled to be admitted as an advocate of the Supreme Court, or the degrees referred to in paragraph (aA) of that section; and".
Amendment of section 8 of Act 53 of 1979, as substituted by section 6 of Act 87 of 1989 and amended by section 8 of Act 115 of 1993 6.
has satisfied all the requirements for the degree referred to in paragraph (a) of section 2(1), or for the degrees referred to in paragraph (aA) of that section, or for a degree or degrees referred to in paragraph (aA) (aB) of that section in respect of which a certification in accordance with that paragraph has been done, shall be entitled to appear in any court, other than any division of the Supreme Court, and before any board, tribunal or similar institution in or before which his or her principal is entitled to appear, instead of and on behalf of such principal, who shall be entitled to charge the fees for such appearances as if he or she himself or herself had appeared: Provided that such a candidate attorney shall not be entitled to appear in a court of a regional division established under section 2 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), or a Divorce Court established under section 10 of the Black Administration Act, 1927, Amendment Act, 1929 Administration Amendment Act, 1929 (Act No.
has at least one year's experience as a state advocate, state prosecutor or magistrate..
Amendment of section 11 of Act 53 of 1979, as substituted by section 10 of Act 115 of 1993 7.
"(b) if the period served by such person under the first-mentioned articles of clerkship is equal to or exceeds the period which he or she would, at the time of the making of the application, be required to serve under articles of clerkship in terms of this Act, that the period so served be considered as adequate service under articles for the purposes of this Act, and thereafter any period so served by such person shall be deemed to have been served after and under articles entered into after he or she satisfied such requirements or became so entitled.".
Amendment of section 13 of Act 53 of 1979, as amended by section 2 of Act 76 of 1980, section 1 of Act 60 of 1982, section 2 of Act 56 of 1983, section 6 of Act 108 of 1984, section 10 of Act 87 of 1989 and section 12 of Act 115 of 1993 8.
"(b) shall, if a university in South Africa which has a law faculty has certified that an examination which he or she has passed in any country or territory is, in so far as it relates to the syllabus of instruction and the standard of training, together with a supplementary examination (if any) required by that university, the requirements of which have been satisfied by that person, equivalent or superior to the examination which is required for the degree mentioned in section 2(1)(a) and which has been recognized by the Board for the Recognition of Examinations in Law established by section 16 of the Universities Act, 1955 (Act No.
"(3) The court may, on the application of a candidate attorney who has satisfied all the requirements for a degree referred to in paragraph (a) or (c) of section 2(1), or for the degrees referred to in paragraph (aA) of that section, or for a degree or degrees referred to in paragraph (aA) (aB) or (cA) of that section in respect of which a certification in accordance with those respective paragraphs has been done, or is entitled to be admitted as an advocate, and subject to such conditions as the court may impose, order that the whole or any part of the period served by that candidate attorney under articles before he or she satisfied such requirements or became so entitled, shall, for the purpose of his or her admission and enrolment as an attorney, be regarded as having been served after and under articles entered into after he or she satisfied such requirements or became so entitled.".
Amendment of section 15 of Act 53 of 1979, as substituted by section 7 of Act 108 of 1984 and amended by section 11 of Act 87 of 1989, section 14 of Act 115 of 1993 and section 3 of Act 33 of 1995 9.
Amendment of section 6 of Act 114 of 1993 10. Section 6 of the Recognition of Foreign Legal Qualifications and Practice Act 1993 (Act No.
1979 (Act No.
15(1)(b)(iii)(aa) of the Attorneys Act, 1979 (Act No. 53 of 1979), as amended by this Act, be deemed to have satisfied the requirements of the degree referred to in paragraph (a) of section 2(1) of that Act.
was registered as a student at any university in the Republic with a view to obtaining the degree of baccalaureus procurationis and provided that he or she has satisfied the requirements for the said degree on or before 31 December 2004, shall be entitled to appear in any court, other than any division of the High Court, a court of the regional division established under section 2 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), or a Divorce Court established under section 10 of the Administration Amendment Act, 1929 (Act No. 9 of 1929), and before any board, tribunal or similar institution in which his or her principal is entitled to appear, instead of or on behalf of such principal, who shall be entitled to charge the fees for such appearances as if he or she himself or herself had appeared.
as an attorney in terms of the Attorneys Act, 1979 (Act No.
enjoyed such right or privilege on account of being in possession of any qualification in law, whether prescribed by law or not.
Any provision contained in any other law which is inconsistent with the provisions of section 3 of the Admission of Advocates Act, 1964, or sections 2, 2A, 4, 4A, 8, 11, 13 and 15 of the Attorneys Act, 1979, as amended by this Act, shall be deemed to be amended to the extent of the inconsistency thereof.
Every university in the Republic with a faculty of law, shall take all reasonable steps so as to ensure that students are able to register for the degree referred to in section 3(2)(a)(i) of the Admission of Advocates Act, 1964, and section 2(1)(a) of the Attorneys Act, 1979, at that university on or before 31 December 1998. Short title.
This Act shall be called the Qualification of Legal Practitioners Amendment Act, 1997.
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South Africans are getting ready to become the centre of the world albeit for only four weeks. And the locals are pulling out all stops to showcase the mother of all soccer games - the 2010 Fifa World Cup.
The games will kick-off in June and end in July with matches being played in different cities. And in true Cape Town style, the games will be full of colour. Cape Town is one of the most beautiful and picturesque cities in the world.
But Cape Town plans not only to showcase its natural beauty, but also to show the world that it can successfully host major events that will also leave a positive environmental legacy. To achieve this, the City is implementing Green Goal Action. It's the official 2010 Fifa World Cup greening programme, which aims to make the event as environmentally friendly as possible, while at the same time, have good clean fun. And we all know when Cape Tonians have fun they become loud and proud.
So, a Cape Town version of the vuvuzela has been produced for the 2010 Fifa World Cup. The vuvuzela is uniquely South African, and this iconic horn can be heard reverberating all across the country's soccer stadia. It's loud, and it's proud, and it's an integral part of South African soccer culture. So much so, that a special concession was made to allow it into stadia during the Fifa 2010 Soccer World Cup. It's much loved, and much hated, and it's usually made from plastic.
But it is hoped that the latest eco-friendly colourful vuvuzelas, will be loved by all.
The kelp vuvuzelas will be Cape Town's contribution to the 2010 Fifa World Cup.
And the man behind it Cape Town Graphic designer and illustrator Adam Carnegie?
He said the idea of making vuvuzela's for the 2010 Fifa World Cup, stemmed from his son's school craft project.
"I had to come up with an idea where all the children in the class could participate in a craft project to raise funds at a school fete," he said.
He had seen the kelp horns before and thought it would be a good project for the entire class to work on.
The vuvuzelas turned out to be a best seller. Within 30 minutes, all 22 vuvuzelas were sold out.
Spotting a good business opportunity, Carnegie seized the moment and formed the Kelp Environmental Learning Project also known as Kelp.
He first started working from his home in Zeekoevlei.
But interest and demand for the environmentally friendly vuvus grew and Carnegie moved his workshop to Imhoff's Gift in Kommetjie.
Here he employs several unemployed men and women that he has trained to do delicate and detailed painting on kelp horns.
Kelp, collected from local beaches, come in different shapes and sizes. Dried out in the sun, each one is unique. It's then transformed into colourful masterpieces.
And like many entrepreneurs, Carnegie is hoping to cash in on the 2010 Fifa World Cup.
Adam Carnegie: "I am hoping that tourists will buy these unique works of art and take them home to remind them of South Africa."
But the kelp project is not only about making money. Carnegie is an environmental activist and is educating others, especially the youth about preserving the environment.
The Kelp project facilitators teach young boys environmental values and crafting skills. And for children who come from a background filled with hardship and rejection "the project gives them a sense of belonging," Carnegie said.
People collect dried kelp from the beach and at the same time pick up litter.
"They also deter poachers who illegally remove lobster and perlemoen from the sea," Carnegie said.
Cape Town Routes Unlimited CEO Calvin Gillfillan has endorsed the kelp vuvuzela saying it would certainly catch the eye of many.
He said he was proud that so many people were coming up with innovative ideas for the 2010 Fifa World Cup.
"With hundreds of thousands of visitors expected to come here, the locals will definitely benefit," Gillfillan said.
He said that Cape Town was as ready as can be for the 2010 Fifa World.
"From hospitality to safety and security. Green Point stadium is on track. In fact it will be completed ahead of schedule in mid December," Gillfillan said.
Green Point stadium is scheduled to host eight games including a semi-final. The South African government has committed more than twenty billion rand to ensuring South Africa is ready to host the 2010 Fifa World Cup. It's encouraging citizens to find innovative ways of benefiting from the economic opportunities presented by the 2010 Fifa World Cup.
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Find out more about the "World of Work in the Western Cape" art series.
The Department of Economic Development's vision is encapsulated in the vision of the National Growth and Development Strategy and the vision of iKapa eliHlumayo.
The leading emerging market and destination of first choice for investors, while retaining and expanding social equity and fair labour standards.
A productive economy with high levels of service, a highly skilled workforce and modern systems of work organisation and management.
A society in which there are economic opportunities for all, poverty is eradicated, income inequalities are reduced and basic services are available to all.
A society in which our people, our most precious resource, are given the opportunity and support to develop to their fullest potential.
A society that promotes the values of social equity, fairness, and human dignity in the global economy.
iKapa elihlumayo's vision is one of a Western Cape which offers dignity, equity and prosperity to all those who make it their home.
In essence, our Vision is one of a shared, sustainable, growing, labour-absorbing and globally competitive economy.
In the light of the Vision, the Department of Economic Development examined national policies, strategies, mandates, Cabinet Lekgotla outcomes, and speeches of the President and national ministers, and combined these with the provincial political imperatives of iKapa eliHlumayo.
To grow the economy in a sustainable manner, for the benefit of all who make the Western Cape their home.
To create employment, especially for the presently unemployed.
To make ownership of the economy representative of the demography of the province.
To increase levels of participation in the economy by all, especially by the previously excluded and presently marginalised.
To make citizens and their enterprises effective players in the global economy.
To create a fair, effective and conducive business environment for enterprises and consumers.
Use resources of the state to benefit all, especially the poor.
Bring together our development partners to achieve a single set of goals.
Co-ordinate the budgets and plans of all three spheres of government (within spheres and across spheres).
Align all social partners to work towards the development and implementation of a Provincial Growth and Development Plan.
Foster creativity, dedication and boldness in Government to deliver the vision.
Develop, constantly refine and expand the Micro-economic Development Strategy.
Inform other provincial strategies.
Intervene in the economy to achieve the iKapa eliHlumayo goals.
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I am happy to say that the Department has responded in a most appropriate manner with regard to the mine disasters at Rovic Diamonds, Middelbult Colliery and at Deelkraal Gold Mine In my capacity as Minister of Minerals and Energy I directed that inquiries be held in terms of the Mine Health and Safety Act.
URL: http://www.info.gov.za/speeches/1999/99211_psa99_10126.
The Directors-General responsible for the Governance and Administration Cluster of Government will brief the media on the progress made with regard to the implementation of departmental programmes. The briefing will be chaired by the Director-General for the Public and Administration, Prof Richard Levin.
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The chairperson for the provincial economic cluster, the MEC for roads and transport, Pinky Kekana adressed the media last week.
Maintenance and upgrading of provincial roads are ongoing.
An interim project task team has been established to drive the Limpopo Freight Rail initiative.
The provincial passanger rail plan is to be concluded soon.
The automated number plate recognition system was launced recently to address backlogs in accumulated traffic warrants and fines.
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1.5 Vhunzhi ha vhathu vha ri ma a a ha vhuyedzi vhutshiloni ngeno vha¿we vha tshi ri a a vha shumela vhukuma.
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new!
Details new!
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General freight business: 80.
Export coal: 67.
Export iron ore: 50.
Export coal: 70.
Export iron ore: 53.
General freight business: 97.
Export coal: 73.0 0.
The gross domestic product impact on the national economy, once the full potential of this Transnet investment is realised in 2018, would be R113 billion, and 576 000 employment opportunities would be created.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=7154&tid=7639 Size: 3KB Speaker: B Hogan Collection: speeches_cm?
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With a network that is 99% digital and includes the latest in fixed-line, wireless and satellite communications, South Africa has the most developed telecommunications network in Africa.
One of the major impacts of the BDM Policy is its contribution to industrial growth in South Africa. The implementation of the Set Top Boxes (STBs) Manufacturing Sector Development Strategy was finalised in 2010.
The focus will be on providing subsidies to poor TV-owning households to enable them to buy STBs.
Community radio stations have a huge potential for supporting, among other things, cultural and educational information exchanges. These radio stations use all indigenous languages, ensuring that people receive information in languages they understand.
The SABC's television network comprises three television channels - all free-to-air. SABC Television reaches a weekly audience of 26,6 million adults aged 15 years and more. South African television is broadcast in all 11 official languages and in Sign Language.
M-Net became South Africa's first private subscription television service when it launched in 1986. Today, it broadcasts its array of general entertainment and niche channels to subscribers in more than 50 countries across the African continent and adjacent Indian Ocean islands.
1,5 million customers.
The pay television provider Top TV was launched in 2010.
Since 1994, the major press groups have embarked on programmes to boost Black Economic Empowerment in media ownership.
In August 2010, the Audit Bureau Circulations (ABC) of South Africa reported that total newspaper performance declined by 163 000 copies between March and June 2010 when compared to the previous corresponding period.
Weekly newspapers declined by 6,6%, although the decline seemed to be slowing.
Community newspapers reflected a solid and stable performance, with growth mainly the result of new entrants. Free newspapers remained static.
Between March and June 2010, despite the uncertain economic climate, the number of new entrants was significant. Total ABC membership grew from 759 titles at 31 March 2010 to 794 at 30 June 2010, with 40 titles joining and five closures or resignations.
The main foreign news agencies operating in South Africa are Reuters, Agence France-Presse, Associated Press, Deutsche Presse-Agentur and United Press International.
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Quality transport infrastructure and services for all.
To provide safe, sustainable and integrated transport infrastructure and services for the promotion of socio-economic development.
The Limpopo Department of Roads and Transport (LDRT) is responsible for public transport, traffic management and law enforcement and roads and maintenance. Roads and transport is omnipresent in all social and economic activities. It opens markets to natural resources, agricultural products and manufactured goods, it supports service industries and it alleviates the challenges delimited by topography.
It also links communities and reduces the effects of the distance separating from each other. Such essential role of roads and transport is indicative of transportation's intertwined and interdependent relationships with economic and social fabric of our society. However, roads and transport need evolve over time as circumstances and conditions change. The Limpopo Provincial Growth and Development Strategy (PGDS) identified transport as an enabler in facilitating economic growth and movement of people, and goods and services. The PGDS places the importance of transport as the heartbeat of the economy in its strategic objective of growing the economy of the province and also in improving quality of lives.
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Deputy President, Phumzile Mlambo-Ngcuka, accompanied by Cabinet Ministers and the Premier of the Eastern Cape, Nosimo Balindlela, will visit the Chris Hani District Municipality as part of the country-wide Presidential Imbizo programme intended to strengthen municipal capacity to deliver on their mandate.
URL: http://www.info.gov.za/speeches/2006/06100916151002.
Deputy Minister Fatima Chohan to commemorate Mandela Day at Liliebloem Childrens Home, 18 Ju?
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Published on South Africa 2010 Fifa World Cup (http://www.sa2010.gov.
numerous international football, cricket, tennis, rugby, hockey and power-boating events.
Wie kan 'n aannemingsbevel laat herroep of terugtrek?
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This report examines how the health status of various sectors of the South African population was perceived in 1999. It includes a special focus on women and children, and on household living conditions in relation to perceived health status. It also focuses on indicators of quality of life, and the use of health services. It uses data from the October household survey (OHS) of 1999.
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Developments in the mining industry have been particularly newsworthy of late. Wage negotiations and strike action, restructuring and retrenchments, costs of production and the impact of a stronger rand on sales that are dollar-delineated have all received their share of attention over the past few months.
It is against this backdrop that the latest monthly release of data on production and sales in the mining industry was published by Statistics SA and the minerals and energy department on Tuesday.
The release of information as at the end of June 2005 follows a regular format, in which reporting is separated into gold and non-gold minerals.
Annual estimates are presented for the previous 12 months to the end of the period as well as for the previous four quarters, and shorter-term seasonally adjusted estimates are presented for the past two months and the past two quarters.
Non-gold minerals are further separated into various divisions: iron ore, copper, manganese ore, chromium, nickel, platinum group metals (platinum, iridium, osmiridium, palladium, rhodium, ruthenium and osmium), other metallic minerals, diamonds, coal, building materials and other non-metallic metals.
According to the latest data, the total physical volume of mining production for the second quarter of 2005, after seasonal adjustment, decreased by 0.1 percent from the first quarter.
This decrease was due to a seasonally adjusted decrease of 4.6 percent in gold production during the second quarter compared with the first quarter.
However, non-gold minerals reflected an increase of 0.7 percent during the second quarter compared with the first quarter.
The increase in the production of non-gold minerals was mainly due to a 1 percent increase in the production of platinum group metals and a 0.7 percent rise in coal output.
Iron ore 3.
Manganese ore -6.
Platinum group metals 3.
Other metallic minerals 8.
Building materials 2.
Other non-metallic minerals -10.
In summary, using an index with volume in 2000 equal to 100, the physical volume of gold production declined by 4.6 percent between the first and second quarters of the year, while the production of non-gold minerals increased by 0.7 percent.
Mineral sales for the three months to May 2005, on the other hand, increased from the preceding three months and from the same quarter a year earlier.
The seasonally adjusted value of mineral sales at current prices for the quarter to May 2005 reflected an increase of 16.7 percent from the previous quarter.
Furthermore, the actual value of mineral sales at current prices for the three months to May 2005 increased by 11.6 percent from the three months to May 2004.
This 16.7 percent increase in the seasonally adjusted value of mineral sales for the three months to May 2005 compared with the previous three months can be attributed to an increase of 21.4 percent (R1.273 billion) in gold sales and a 15.5 percent (R3.683 billion) increase in sales of non-gold minerals.
May 2004, mineral sales at current prices increased by 11.6 percent.
The major contributors were coal (+4.8 percent or +R1.464 billion) and other non-metallic minerals (+4.3 percent or +R1.321 billion). However, this increase was counteracted by a decrease in gold sales (-1.4 percent or -R437 million). The latest release on production and sales in the mining industry paints a complex and changing picture.
Performance in the different mining sectors varies considerably, and the relationship between physical production and the value of sales is mediated by fluctuations in the rand-dollar exchange rate and the price of the commodity.
This nuanced profile becomes even more varied, depending on whether change is being measured by an annual comparison (June 2004 with June 2005), a comparison between quarters (April to June 2004 with April to June 2005), over the last quarter (January to March 2005 with April to June 2005), or over the last month (May 2005 with June 2005).
<fn>GOV-ZA.18january20071En.2012-02-10.en.txt</fn>
Just under a year ago, finance minister Trevor Manuel opened the 2006 African Symposium on Statistical Development in Cape Town.
That gathering focused on the round of housing and population censuses planned in various African countries.
In his opening address, Manuel noted that the poor state of many national statistical systems in Africa made it difficult to measure progress in achieving the UN's millennium development goals. He noted that 19 African countries had not conducted a population census in the previous 10 years, nearly twice as many as in the preceding decade.
As a result, he concluded, progress in the implementation of development policies in many African countries could not be monitored with any confidence.
Encouraging all African countries to undertake population and housing censuses, and urging them to link the development of statistical capacity to the sort of data collection required to monitor progress in implementing the UN goals, Manuel reminded symposium participants that "this is the challenge for the statisticians, because if we can't measure it, we cannot manage it".
This week I am attending a follow-up symposium in Kigali.
The themes of these symposiums - how to ensure adequate data of quality to measure progress in African countries - coalesce next Monday, when Statistics SA's ambitious community survey will be launched.
This will be the culmination of a process set in motion during March 2004, when the cabinet proposed the introduction of an extended annual household survey to provide data at municipal level.
As part of the preparation for this survey, Stats SA undertook an extensive consultation process to determine the sort of information stakeholders expected as an outcome.
Ten workshops were held across the country in late 2004, attended by more than 360 stakeholders from national, provincial and local government departments, as well as research and educational institutions.
The community survey, the largest sample survey ever undertaken in South Africa, will be based on a sample of 280 000 households, compared with the 30 000 sampled in previous household surveys. In nearly 150 municipal areas with smaller populations, all enumeration areas will be covered, while samples have been drawn for municipal areas with populations of more than 100 000.
In planning what information the survey should gather, a range of needs had to be taken into account, including the government's development priorities, millennium development goal indicators, municipal budget allocations and academic analyses.
In addition to key demographic indicators such as fertility, mortality and migration, the community survey will generate some of the key indicators that the government identified as priorities in its 10-year review document.
Planning the sample for this undertaking has been a complex exercise. The country was divided into about 80 000 enumeration areas, each attached to a municipality.
The survey will accommodate recent changes to some municipal boundaries.
Systematic, simple random sampling procedure was used to select the enumeration areas to be covered, and each area has been ordered by geographic type (rural formal, tribal area, urban formal and urban informal) and other types.
A pilot for the survey, which sampled just under 20 000 dwelling units, was conducted last February to test all systems, procedures, methodologies, logistics, and the prospective questionnaire design.
The pilot survey confirmed many of the lessons derived from the past two population censuses, noting in particular that access for fieldworkers to high-security residential estates in urban areas, some farming areas and informal settlements required particular attention and effort.
Fieldwork for the community survey begins on February 7 and will run until February 28.
The logistics and planning have been complex and the budget substantial.
The statistical methodologies employed are cutting edge, especially in sample design.
These are some of the elements required for the survey to provide reliable social, economic and demographic information attached to each of South Africa's municipalities.
<fn>GOV-ZA.18july2011En.2012-02-10.en.txt</fn>
The Department of Human Settlements will host a two day Human Settlements Youth Summit in Durban from 21 to 22 July 2011.
<fn>GOV-ZA.18jun20041En.2012-02-10.en.txt</fn>
The key indicator of economic growth is gross domestic product (GDP) - the compilation of the country's national accounts, which are based on a range of socioeconomic statistics consolidated into a single coherent system.
Four factors not always present will influence GDP data due for release in November: revision, rebasing, benchmarking, and improvements in measurement of some economic sectors.
GDP estimates the value of goods produced and services rendered in a specific period, and is used to measure the performance of the economy as a whole, as well as different industries.
Frequent users of national accounts data have become used to revisions of the estimates in November each year.
These independent annual estimates result in the revision of the two latest annual estimates, as well as the relevant quarters. GDP estimates are always preliminary, and are routinely revised on the basis of additional evidence in the subsequent quarter.
November 2004 will, however, see a much more comprehensive revision of estimates of GDP, as it coincides with the periodic benchmarking and rebasing of national accounts.
International practice requires national accounts estimates to be benchmarked, and therefore revised, at least every five years.
Rebasing is the updating of the reference year of the constant price estimates; that is, the reference is advanced by five years.
Benchmarking, on the other hand, entails the incorporation of new areas of economic activity previously not covered or undercovered, as well as other new data. This process, which started in the third quarter of last year, is being undertaken with the co-operation of the Reserve Bank and department of agriculture.
There are three different ways of calculating GDP, based on production, income or expenditure approaches. Statistics SA, which produces the official GDP estimates, uses the production and income approaches. The Reserve Bank compiles GDP using the expenditure approach.
This round of benchmarking will not, in contrast to the previous round in 1999, include significant changes in methodology, because the international standard used - the UN system of national accounts - has not been revised since then.
There are, however, cases where it is now possible to implement aspects of the system that could not previously be undertaken. This may lead to some changes to previous GDP estimates.
The majority of revisions will emanate from new data sources, such as detailed industry censuses or large sample surveys, the 2001 population census and other relevant studies since 1999.
In tandem with revision, rebasing and benchmarking, Stats SA has also improved its economic series. The new business register has resulted in samples that can report more accurately on economic activity.
To date, results from these new samples have reflected higher levels of economic activity while maintaining, to a large extent, the same historic trends.
The congruence of benchmarking, rebasing, revision and improved economic coverage is likely to give a more accurate picture of the economy when GDP data is published in November.
Pali Lehohla is the statistician-general and head of Statistics SA. For information on Stats SA and its outputs, visit www.statssa.gov.
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Stats SA is proud to announce that as of August this year, employment and unemployment statistics will be made available quarterly, instead of the six-monthly release that we've had to date. To mark the birth of the new Quarterly Labour Force Survey (QLFS), StatsOnline invites you to register your interest in this publication. In return for your registration, we will send you the first release at embargo to your email box.
Labour market data users would be familiar with the Labour Force Survey (LFS) that was conducted in March and September each year and released six months after the collection period. Over the past two years, Stats SA has re-engineered this survey to collect labour statistics on a quarterly cycle and report these results four weeks after the end of each quarter. Thus we witness the birth of the new labour market survey called the Quarterly Labour Force Survey (QLFS).
QLFS results for the first and second quarters of 2008 will be published on 28 August 2008. The historical continuity with previously published labour market results will be facilitated. At the August 28th launch, Stats SA will also publish revised key labour market indicators for previous March surveys as far back as the year 2000. These indicators will be based on link factors computed using the QLFS first quarter results (January to March 2008) and the LFS conducted in parallel in March 2008.
In the build-up to the August launch, Stats SA will post documents on the web pertaining to various aspects of the re-engineering process. We would also like to interact with you on a more personal level. Please tell us who you are by registering your interest in the new QLFS release by clicking here...
<fn>GOV-ZA.18may20061En.2012-02-10.en.txt</fn>
The challenge of statistical capacity building in South Africa is enormous, but can only be achieved through small, consistent and collaborative steps. One of these steps was taken last weekend, with the first activity in the "maths4stats" campaign.
One lingering result of the apartheid era is that few South Africans have the statistical skills required in the modern world.
On September 17 1953, the minister of native affairs, HF Verwoerd, asked parliament: What is the use of teaching the Bantu child mathematics when it cannot use it in practice?
This statement prefigured the introduction of the system of Bantu education in 1954, consciously de-emphasising the teaching of mathematics and science. A generation of South African scientists, mathematicians and statisticians was destroyed.
Dismantling a legacy such as this is not an easy task. The 6th International Conference on the Teaching of Statistics (Icots-6), held in Cape Town in July 2002, started the process by reaching out to local mathematics school teachers.
This initiative recognised the cross-curricular need for data handling as an educational outcome, and resulted in vast amounts of statistical material being included throughout the various phases of the new school curriculum. The Association of Mathematics Educators of SA (Amesa) became involved in Icots-6, and a number of teachers and subject advisers were able to participate in locally organised workshops.
This led to further workshops on the teaching of statistics at schools, held under the auspices of Amesa, with members of the SA Statistics Association (Sasa) contributing by commenting on the proposed new statistical components of the mathematics syllabus.
Extending this collaboration with Sasa and Amesa, Statistics SA has embarked on a series of activities to enhance statistical development. The maths4stats campaign is the first of these activities, and aims to encourage the development of mathematics education as an important bedrock for statistics.
The campaign will involve the development of training material to strengthen the statistics component of teaching in grade 10 to grade 12. The first activity in the campaign, held on Saturday, May 13, targeted maths teachers for these grades and over 2 000 sat for a selection test countrywide. Eighteen teachers will be chosen from this group to attend the 7th International Conference on the Teaching of Statistics (Icots-7) in Brazil in July 2006.
These teachers will also form part of the core working group at provincial levels in rolling out the campaign activities for the next three years.
The maths4stats campaign has been conceived as a juncture where mathematics, statistics, teaching and history intersect and interact to address statistical development in South Africa. The campaign will assist in developing a culture of "maths4stats education". This aims at producing a cadre of statisticians for a democratic social order, promoting a statistically literate society and ultimately facilitating the compilation of better statistics for better results.
<fn>GOV-ZA.18nov20041En.2012-02-10.en.txt</fn>
The Economic Commission for Africa has invited all its member states to celebrate African Statistics Day on November 18, as a reminder of the essential functions which statistics and development information systems serve in Africa's economic and social evolution.
In response to this call, Statistics SA is currently celebrating African Statistics Day at its head office in Pretoria.
This will be followed by stakeholder workshops held in each of the nine provinces, structured according to the different regional needs.
These gatherings will focus on the history of statistical development in Africa, as well as new initiatives in South Africa.
This includes Stats SA's Data Management and Information Delivery project, which will create the infrastructure for centralised storage, retrieval, comparison and analysis of data, metadata, standards and classifications.
During the 1980s, reduced resources for statistical activities - partially the result of the effects of the oil crisis on developing countries - led to a decline in the quantity and quality of statistics in Africa.
In response to this disintegration of statistical infrastructure, the sixth conference of African planners, statisticians and demographers met in Addis Ababa in 1990, and developed an action plan to reverse this trend in statistical development.
This addressed a range of key factors responsible for the demise of statistics in Africa: inadequate funding, poor management, outdated technology, inadequate co-ordination, and slow response to new data needs.
The Addis Ababa Plan of Action, adopted by the 16th Meeting of African Ministers responsible for Economic Planning and Development, set aside November 18 each year to be celebrated as Africa Statistics Day in order to 'increase public awareness about the important role which statistics play in all aspects of social and economic life'.
This year's celebration draws public awareness to the pivotal role which statistics plays not only in the social and economic spheres, but in all aspects of life.
The aim this year is to draw attention to the core competence within the statistical process, which is data production, analysis and dissemination.
For that reason, the theme for 2004 is 'Enhancing Data Production and Dissemination for Effective Socio-Economic Policy Analysis and Management'.
Statistical agencies in Africa are working towards a comprehensive statistical framework to provide policy-makers with a tool for monitoring each stage of the economic and social development, setting production, consumption and investment goals, and determining the roles of the different actors in the national economy.
There has been considerable progress in developing this framework, and introducing the related statistical infrastructure.
However, some economies are still faced with a chronic situation in which data are not available on time or are of poor quality, incomplete and sometimes incoherent.
As long as this situation lasts, it will be difficult for Africa to attain the objective it has set for itself, namely to halve the incidence of poverty by the year 2015.
The collection of high-quality statistics is central to planning, implementing and monitoring all the elements of development, regardless of whether these focus on poverty reduction, economic development or job creation, and regardless of whether these goals goal are set out in the South African government's Programme of Action or the United Nation's Millennium Development Goals.
Africa Statistics Day reminds us that the development of statistical capacity for policy making, planning, implementation, monitoring and evaluation, is not just about numbers.
It is an integral component of improving the conditions under which the majority of the world's population lives.
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Last week, Statistics SA released consolidated data on the financial statistics of higher education institutions for the 2006 financial year. Financial data is an often-neglected area of statistical analysis, overshadowed as it is by economic, social and demographic information.
However, as the release of this data demonstrates, financial information can provide valuable insights into the issues of the day. It is an important source for the monitoring of change.
The financial statistics released last week include comparative figures for the previous financial year (2005).
While these comparisons provide an indication of general trends, financial data for the two years are not comparable in all respects. The financial statements of higher education institutions are compiled on an accrual basis of accounting.
For the purpose of consolidating the data with the other components of general government, the data is converted from an accrual basis to a cash basis of accounting.
This creates certain limitations on the comparability of 2005 and 2006 data. In addition, mergers between institutions have changed the composition of the institutions that are compared, meaning that comparison of financial data between 2005 and 2006 must be undertaken with caution.
In November 2003 the cabinet approved plans for the restructuring of higher education through mergers and incorporations. Most mergers took place during 2005, but the restructuring process is ongoing, and will eventually result in 21 higher education institutions, rather than the 23 that formed the basis of financial data released for 2006.
The University of the North and the Medical University of South Africa merged to form the University of Limpopo.
Cape Technikon and Peninsula Technikon merged to form the Cape Peninsula University of Technology.
For the financial year to last December, data came from 16 universities, six universities of technology and one technikon. Of the universities, four are based in Gauteng, three in the Eastern Cape, three in the Western Cape, two in Limpopo, two in KwaZulu-Natal and one each in North West and Free State.
There are two universities of technology in Gauteng and one each in the Western Cape, Free State, KwaZulu-Natal and the Eastern Cape. The single remaining technikon is based in KwaZulu-Natal.
In terms of operational expenditure by higher education institutions, the largest contributor for the 2006 financial year involved the compensation of employees (R12.524 billion), followed by the purchases of goods and services (R7.865 billion), other payments (R770 million), and interest paid (R157 million).
In the two financial years under review, total revenue to these institutions rose from R24.499 billion in 2005 to R26.925 billion in 2006. State grants rose from R10.333 billion in 2005 to R11.021 billion in 2006.
However, data supplied do not map these increases in grants to fluctuations in total student numbers, nor are they adjusted for inflation. These factors would have to be taken into account in estimating the real change in grants between 2005 and 2006.
Next week Stats SA releases the first results of its important community survey, the largest sample survey undertaken in South Africa, designed to provide data nationally, provincially and for each of the country's 264 municipalities.
Information from this survey is eagerly awaited, as it will provide the most comprehensive picture of social progress since the results of the 2001 population census were released. However, as I pointed out yesterday to parliament's finance portfolio committee, no "sneak previews" of the data are available, not even to those MPs who exercise oversight of Stats SA.
They will have to wait until next Wednesday, when data from the community survey is made available, on an equal and impartial basis, to executives, legislators, policy makers and commentators, and the millions of ordinary South Africans whose lives are most affected by developments monitored and measured by this survey.
Pali Lehohla is South Africa's statistician-general and the head of Stats SA. For more information on Stats SA and its statistical outputs, including the financial statistics of higher education institutions for 2006, visit www.statssa.gov.
<fn>GOV-ZA.18scitecEn.2012-02-10.en.txt</fn>
The vision of the Department of Science and Technology is to enable the creation of prosperity and well-being in South Africa, and to achieve enduring and equitable benefits from science and technology (S&T) for all South Africans.
Over the past five years, the science vote has increased by 27,6%. The Innovation Fund is a major initiative introduced by the White Paper on Science and Technology, published in 1996. It promotes large-scale projects, involving participation from throughout the National System of Innovation (NSI). It focuses attention on the major themes of government, namely competitiveness, quality of life, environmental sustainability and the harnessing of information technology (IT) to address the needs of society and the economy.
National S&T policy is the responsibility of the Minister of Arts, Culture, Science and Technology.
The intellectual framework for policy is the NSI, in which a set of functioning institutions, organisations, individuals and policies interact in the pursuit of a common set of social and economic goals.
African Large Telescope (SALT) at Sutherland in the Northern Cape will be the most powerful optical/infra-red telescope in the southern hemisphere.
In 2002, the Cabinet approved the Department of Science and Technology's National R&D Strategy, which allows for the enhancement of the NSI. The R&D Strategy identifies the need to pay greater attention to human resource development (HRD) as a wealth and employment creator, to bring innovation to the fore in all the Department's activities, and to facilitate S&T performance across government. Delivering increased economic growth and improved quality of life are the two key outcomes of the R&D Strategy.
Government has a constant need for informed advice on the development and implementation of S&T policy and the stimulation of innovation. The NACI is responsible for carrying out inquiries, studies, policy research and consultations in respect of the functioning of the NSI, as requested by the Minister.
The Council enables the Department to consolidate and develop the NSI in an informed and proactive manner. It provides a focused mechanism to access and target critical S&T research and information, for the purpose of socio-economic development.
The members of the NACI are broadly representative of government and the higher education, business and non-profit sectors.
Getting information about science across to different sections of the population is a big challenge.
The dire need for science reporting in South Africa compelled the Department of Science and Technology, in conjunction with the American Association for the Advancement of Science (AAAS), to establish the Science Radio Journalism Fellowship Programme. The objective is to build a critical mass of science radio journalists who can communicate science to South Africans in their indigenous languages. Between 2001 and 2003, several fellowship awards were granted. During the four-week programme, fellows receive state-of-the-art training in science radio journalism at the AAAS headquarters in Washington DC, United States of America (USA). Fellows from the journalism community learn how to research, write and produce science stories, while those from the science community are taught how to communicate effectively with the media.
The Reference Group of Women in S&T is aimed at the creation of an environment in which women contribute to, participate in, and share benefits equally with their male counterparts in the science, engineering and technology (SET) fields, whether from a policy-making or a research perspective.
National Science Week 2003 kicked off with the launch of the Science Train. During the Week, the Train took various science exhibits with the theme Taking Science, Engineering and Technology to Our People to four areas. It was announced during National Science Week that the Department of Science and Technology, in conjunction with the Department of Agriculture, would invest R15 million over a three-year period for the promotion of public awareness and understanding of biotechnology.
The Department hosted the first meeting of the International Public Communication of Science and Technology Network in Africa, and the second in the southern hemisphere, in Cape Town in late 2002.
The Minister of Arts, Culture, Science and Technology, Dr Ben Ngubane, launched a computer-literacy pilot project in the Eastern Cape in December 2002. This education project, designed to be as user-friendly and accessible as possible, is in line with government's commitment to rural development, as it affords children in rural areas access to a multimedia kiosk equipped with various computer applications, including the Internet, and an assistant to guide the children's learning processes.
The Department of Science and Technology is committed to building strong international relations and innovatively benefiting from, and contributing to, the SET sectors of other countries. It manages over 30 S&T bilateral agreements with different countries and is a key player in many multilateral forums, including the Commonwealth; the African, Caribbean and Pacific Group of States; the European Union; and the Organisation for Economic Co-operation and Development. South Africa also played a key role in deliberations during the 2002 World Summit on Sustainable Development (WSSD).
The main areas of S&T co-operation between South Africa and its international partners are material science; manufacturing technology; biotechnology; environmental management; sustainable exploitation of natural resources and minerals; medical research and public health; engineering science and advancement of technologies; water-supply projects; and agriculture, mathematics and science education.
The National Research Foundation (NRF) manages the implementation of the agreements, which range from 60 active projects with France to eight projects with the People's Republic of China. Other countries in which active projects are under way include Belgium, Germany, Hungary, Sweden, Poland, Italy, India, Norway, Nigeria, the Russian Federation, the United Kingdom (UK) and the USA.
By mid-2003, preparations were under way for research collaboration with countries such as Egypt, the Ukraine, Belarus, Algeria, Morocco, Tunisia and Pakistan, subject to the finalisation of the requisite Framework Programmes of Co-operation. New agreements are also being negotiated with countries such as Chile and Brazil.
The establishment of the interdepartmental Science and Technology Co-operation Committee (SATCCOM), representing all relevant departments and with the chairperson and Secretariat provided by the Department of Science and Technology, was approved by the Cabinet. It promotes and guides the participation of government departments in international S&T co-operation.
SATCCOM is provided with an overview of the management, promotion and utilisation of R&D and S&T within government departments with an S&T component.
The Department has embarked on the establishment of a database on international co-operation in SET. Major international initiatives include the South African Coelacanth Conservation and Genome Resource Programme, launched at Sodwana Bay, KwaZulu-Natal. Research is co-ordinated by the South African Institute for Aquatic Biodiversity (SAIAB) in Grahamstown and involves several Southern African Development Community (SADC) neighbours.
Another international initiative is the establishment of a long-term ecological research site in southern Africa. This site will join an international network of ecosystem observatories, which help regions manage natural resources in a sustainable manner.
The Satellite Laser Ranging System at Hartebeesthoek, near Krugersdorp in Gauteng, is operated in conjunction with the National Aeronautics and Space Administration in the USA.
The South African Large Telescope (SALT) under construction at Sutherland in the Northern Cape is a multimillion-Rand project involving Germany, Poland, the USA, New Zealand and the UK.
Upon its completion, SALT will be the largest single optical telescope in the southern hemisphere.
Since its inception in 1996, STAC has, through the offices of the NRF, effectively serviced intergovernmental S&T agreements and multilateral activities.
This Fund enhances existing international cooperation in the fields of biotechnology, new material, information and communications technology (ICT), environmental management, rural development and urban renewal. The Fund has successfully leveraged international R&D support and established viable consortia be-tween, among others, South African science councils, the Centre de Coopération Inter-nationale en Recherche Agronomique pour le Développement (France), ALCOA (USA), Rolls Royce (UK), and the IVL Swedish Environmental Research Institute.
The main priority areas include water management, cross-border pollution, food technology, indigenous knowledge systems, ICT, soil management and HIV/AIDS.
In September 2002, the Tshumisano Technology Stations Trust was launched. The Trust is a partnership programme with the German Agency for Technical Co-operation and the Committee of Technikon Principals. The Trust was established to further the Technology Stations Programme (TSP).
The TSP provides skills-development training to small, medium and micro enterprises (SMMEs) to enhance their innovation capacity and competitiveness, while exposing university of technology (until recently technikon) students to practical situations facing businesses. It aims to address the product and process technology needs of SMME manufacturing and the service industry, through technology transfer, development and diffusion.
Seven stations are operational in the fields of electronics and electrical engineering, complemented by IT as imbedded in electronic processes and products; metals value adding, product development and rapid prototyping; chemicals (at two universities of technology); composites; automotive components; and textiles and clothing. The Tshumisano Trust is set to stimulate job creation, skills transfer and application, a culture of innovation, and increased social and economic investment.
In March 2003, the Deputy Minister of Arts, Culture, Science and Technology, Ms Buyelwa Sonjica, announced the launch of the South African Reference Group on Women in Science and Technology (SARG).
SARG, which consists of academics and businesspeople in the field, has two major objectives, namely, developing strategies that address identified obstacles and challenges that women face when entering the field of science and technology due to various socialisation, educational, environmental and cultural barriers; and achieving gender mainstreaming within research and development agendas, by ensuring that all these projects consider women as beneficiaries or end-users of the products generated.
The NBS was approved by the Cabinet in 2001 and forms an important component of the R&D Strategy. It addresses new developments in biotechnology and the country's vulnerability with respect to the exploitation of South Africa's biodiversity and indigenous knowledge, and the advent of new technologies.
By February 2003, implementation of the Strategy had gained momentum with the establishment of Biotechnology Regional Innovation Centres (BRICs).
The Department received proposals by consortia comprising academic institutions, private institutions and research councils to form three BRICs representing specific regions in the country. The BRICs promote R&D, entrepreneurial services, technology platforms, intellectual-property management and business incubation. Each Centre specialises in specific areas of technology within the national development imperatives, local expertise and market opportunities.
Cape Biotech Initiative BRIC in the Western Cape focuses on human health and bioprocessing.
These Centres combine business, academic and research capabilities to target areas that are directly relevant to South Africa's needs, as well as providing a platform for global economic participation. The key areas of activity include human health, industrial biotechnology, food security and agricultural production. These activities complement existing strategies in ICT and new developments to support the advanced manufacturing industry.
The Departments of Science and Technology and of Trade and Industry, with the support of the EU, launched the Godisa National Incubation Programme in 2001. The Godisa Programme aims at encouraging technology transfer and capacity-building to enable small business to compete in the global economy.
Godisa aims to address: outdated technologies employed by SMMEs low engagement rates of SMMEs in valueadding activities the high failure rate of start-up SMMEs poor access to facilities for testing and promoting SMMEs. Godisa supports eight technology-transfer centres in five provinces, focusing on a multitude of technology platforms and markets, such as biotechnology, life sciences, medical devices, software, embedded systems, fine and performance chemicals, small-scale miners and hydroponics for cut-flower exports. This technology has very real local and international benefits and leads directly to job creation, increased levels of competency and enhanced international competitiveness.
The Deputy Minister of Arts, Culture, Science and Technology, Ms Buyelwa Sonjica, and the Deputy Minister of Science and Technology of the People's Republic of China, Ms Wu Zhongze, signed an agreement on future scientific and technological collaboration, during the second session of the Science and Technology Joint Committee between South Africa and China, which was held in Pretoria in March 2003.
To enhance scientific and technological development, the China-Africa Engineering Association was established in 1997 in South Africa to promote engineering and scientific information exchange between the two countries. It also focused on promoting and organising exchange programmes for engineering experts and scholars from China to visit South Africa.
Elizabeth (chemicals). The Godisa Programme is set to become the National Incubation Programme and a National Centre of Excellence.
The establishment of the Timbali Technology Incubator under the Godisa Programme stems from opportunities that were identified in the Mbombela Investment Strategy and the report on the South African Floriculture Cluster.
Timbali is responsible for creating the technology basis that will focus on the establishment and development of a financially feasible export-based cut-flower industry in the Mbombela region in Mpumalanga.
This will be achieved through technology transfer to flower-growers selected from the previously disadvantaged community, with emphasis on training in horticulture, business, finance and mentoring.
The Department of Science and Technology believes in a multipronged approach to fight poverty.
For this reason, the Department has established a Poverty-Reduction Programme focusing on the agroprocessing area, with great potential for achieving sustainable reductions in poverty levels in rural and periurban areas. Its mechanism is the establishment of small and micro business ventures within targeted communities once skills transfer has taken place.
The Programme emphasises the transfer of skills, the utilisation of low-cost labourintensive technologies, stimulating demand and securing orders within the South African domestic market, establishing and maintaining product-quality standards, and the practice of general good business management.
The honeybee, widely found in South Africa, has been significantly underutilised for honey production. The Department funded the cost of training communities across the country to keep honeybees and make honey, sweets and candles from the wax. All the new production units sell their honey under the brand name.
The Agricultural Research Council (ARC) won the Impumelelo 2002 Platinum Innovation Award in recognition of the Bee-Keeping for Poverty-Relief Programme, which epitomises the goals of the Departments of Science and Technology, of Social Development and of Agriculture. In addition to the revenue from honey, the Programme has also led to the production of crafts and other products, such as handcrafted containers for honey, beeswax candles, sewing and the making of protective clothing, and honey distribution and transport. The Programme was implemented in 35 rural and peri-urban areas all over South Africa. Programme implementation projects in Muldersdrift, Atteridgeville and Stinkwater in Gauteng were selected to be showcased during the WSSD as best-practice projects in the Greening the WSSD initiative.
A similar project is that of small-scale and community-based oyster-mushroom farming to promote food security. This is a new initiative and is in the planning phase.
A range of projects train people in the skills of paper-making and product development. These projects use natural fibres from the waste of large commercial farming operations or from the farming operations of small, resource-poor, emerging farmers. One of the projects involves, for instance, a group of about 15 rural women who are using sugar-cane waste and a low-cost technique for pulping it to make paper by hand. Further processing enables them to make the pack aging for the crafts that they sell to tourists.
The group has moved from the informal sector and selling its products on the street, to a production premises where manufac tured goods are sold to tourist shops and businesses requiring paper packaging. By February 2003, the Department had spent a total of R40 million on enabling vulnerable and impoverished communities and individuals across the country to learn useful and wealth-creating skills. A further R30 million has been budgeted for 2004.
The statutory science councils are a key part of South Africa's NSI. Through them, government is able to directly commission research in the interest of the nation and support technology development in its pre-competitive phase.
As the Government's national agency responsible for promoting and supporting basic and applied research as well as innovation, the NRF upholds excellence in its investments in knowledge, people, products and infrastructure. The NRF provides services and grants to support research and postgraduate research training, vital to the development of S&T in South Africa. It is the NRF's vision to be a key instrument in creating an innovative and knowledge-driven society where all citizens are empowered to contribute to a globally competitive and prosperous South Africa.
Funding from the NRF is largely directed towards academic research, developing highlevel HR, and supporting the nation's national research facilities.
The South African Environmental Observatory Network (SAEON) was established in 2002/03. The NRF was mandated by the Department of Science and Technology to develop a long-term ecological research programme for South Africa. Relevant government departments and science councils support the programme, and the Department has provided the core funding of R11,8 million over three years. The function of SAEON is to establish a network of environmental observatories/research sites and network information-management systems, to monitor long-term climate and environmental change in southern Africa.
The NRF's Research and Innovation Support Agency (RISA) invests funds, granted mainly by parliamentary vote, to institutions, teams and individuals engaged in research.
The total budget allocation from the Department of Science and Technology for the NRF for 2003/04 was R377 million. Of this, R113 million went to the national facilities; R9 million to the Foundation for Education, Science and Technology (FEST); and R221,6 million to RISA. A total of R34 million was used for departmental ring-fenced activities such as the STAC and SAEON, and for giving researchers access to the National Laser Centre.
The NRF's parliamentary grant is supplemented by joint ventures with other funding partners.
On 18 September 2003, the African Institute for Mathematical Sciences (AIMS) programme was launched in Muizenburg, Cape Town.
AIMS is aimed at strengthening scientific and technological capacity across the African continent. It focuses, among others, on a unique, intensive nine-month postgraduate course, developing a strong foundation in mathematical and computing research skills.
the art of scientific approximation mathematical problem-solving probability and statistics mathematical modelling methods of mathematical physics. A total of 30 students from various African countries such as Algeria, South Africa, Morocco and Kenya, and visiting lecturers will be accommodated at the AIMS educational centre, allowing for maximum interaction.
South Africa, with the NRF as the lead agency, is gearing up to bid to become a host country for the mammoth SKA radio telescope, the world's largest radio-telescope project under consideration by international science bodies. South Africa is proposing to host the core array of the SKA, or part of the peripheral array.
The SKA project is an ambitious effort between institutions from 11 countries. The instrument will have multiple receiving surfaces and will provide radio astronomers with one million m2 of collecting area, making it 100 times more sensitive than today's leading telescopes. The Northern Cape is considered to be one of the best potential locations for the SKA.
The South African SKA Steering Committee submitted a preliminary bid proposal in May 2003. The bidding process is expected to take two or three years to finalise. The International SKA Steering Committee hopes to choose the site for the SKA in 2005. Construction will hopefully start in 2010 and the SKA should start operating in 2015. The SKA is expected to cost US$1 billion, with the USA, Europe and the rest of the participating countries contributing a third each.
The THRIP is a joint initiative between industry, research and educational at institutions, and the Department of Trade and Industry. The Programme is managed by the NRF on behalf of the Department of Trade and Industry. During 2003, some R404 million was invested in R&D activities designed to improve the competitiveness of the South African industry. This was 32% more than the amount in 2002. Of this investment, R158,5 million came from the Department of Trade and Industry (through THRIP) and the remainder, from industry (47% large and 53% SMMEs).
Some 266 THRIP projects were supported in 2003, with an average value of almost R600 000 each (THRIP investment only). The projects cover a wide range of technology areas in the natural sciences and engineering. Some specific areas include agriculture and forestry, bioprocessing, food, healthcare, new material, mining, manufacturing and power.
The THRIP supports interventions focusing on improving the industry's competitiveness. In addition to supporting focused research and technology development with well-defined output, THRIP funds contributed towards the training of more than 2 651 students in 2003. Of these, more than 1 000 (39%) were black students, and more than 750 (28%) were women.
The Innovation Fund is designed to encourage large-scale, collaborative research and technology-development programmes; a multidisciplinary approach to problem-solving; and application-based research. The Fund's economic and S&T policies recognise the process of innovation, one of the agents driving technological change. Many countries believe innovation is primary to economic growth. The Innovation Fund is an investment by government that gives effect to this concept.
Under the management of the NRF, the Fund directs large grants (between R1 million and R5 million per year) to consortia of researchers for the final-stage research process in which knowledge is translated into new or improved products, productivity processes and services. The Fund assists in the conversion of research ideas into commercially useful end-products, by funding necessary items such as equipment, R&D expertise, access to managerial skills, the securing of intellectual-property rights, and the construction of prototypes.
The Innovation Fund is a policy instrument to lever economic and social resources. It seeks to address socio-economic challenges by harnessing South Africa's S&T competencies to simultaneously develop and maintain cutting-edge global competitiveness and address the needs of citizens unable to assert themselves in the marketplace.
The Fund has focused on ICT, biotechnology, new material and fauna and flora in its previous calls for proposals. The Innovation Fund will support projects to the value of R161 million over the next three years.
The NRF's RISA has a suite of funding programmes that are in line with South Africa's priorities and needs.
ICTs and the information society the socio-political impact of globalisation and its challenge for South Africa education and indigenous knowledge sys tems. Collectively, these themes form the conceptual landscape within which most of the granting activities of RISA take place.
Institutional RCD programmes focus on boosting historically black universities and universities of technology that are committed to the research process. In addition, the Thuthuka Programme supports individual researchers.
It comprises the subprogrammes Researchers in Training, Women in Research, and Research Development for Black Academics. All the NRF's RCD initiatives aim to boost the output of high-level black HR (both academics and research students at all higher education institutions); develop a postdoctoral research culture; strengthen weak, yet critically important disciplines; improve gender equity; and renew outdated research equipment.
free-standing bursaries, scholarships and fellowships grantholder-linked bursaries. Free-standing bursaries, scholarships and fellowships are awarded directly to students on a competitive basis, while grantholder-linked bursaries are granted to researchers within their NRF support package and may be awarded to students selected by the NRF grantholder.
The NRF offers a limited number of travel grants for research abroad.
NEXUS, a set of research and knowledge networking databases containing information about South African research projects, professional associations, researcher networking, conferences and research organisations the South African Data Archive, an archive of computerised raw quantitative data of largescale regional, national and international research projects the South African Network of Skills Abroad, which connects skilled people living abroad, who wish to make a contribution to South Africa's economic and social development, with local experts and projects.
The ISL aims to forge and maintain strategic and intellectual alliances between individuals, institutions and organisations in the national and international science-research community, to support the international competitiveness of the country. The NRF manages some 19 S&T agreements signed between South Africa and other countries.
The South African International Council for Science (ICSU) Secretariat, which is administered by the NRF, serves the South African scientific community and most of the ICSU unions and affiliates. The ISL maintains contact with ICSU and similar bodies to facilitate South African participation in relevant and important international scientific activities.
Through the Africa Interaction Programme, the ISL expands scientific co-operation between scientists in South Africa and their counterparts in the rest of Africa.
FEST's mission and mandate are to promote public understanding of science among all South Africans through open and constructive dialogue between the scientific community and society. Its vision is to give effect to the African Renaissance, by empowering people with knowledge of SET to help them improve their lives.
As of December 2002, FEST was incorporated into the NRF. Its products include the popular science magazines Archimedes and EasyScience, and it houses the Museum of Science and Technology. FEST is responsible for a range of other activities and events aimed at the youth, including science weeks and science and language olympiads. FEST was selected by the Department of Science and Technology to launch a programme on the public understanding of biotechnology, which the Department will fund for three years.
Africa's five national research facilities.
Hermanus Magnetic Observatory (HMO).
HartRAO is South Africa's national research facility for radio astronomy and space geodesy. It operates, maintains and develops internationally recognised research facilities for local and international astronomers and scientists. The Observatory's unique geographic location is pivotal in a variety of global programmes.
The Observatory's 26-metre (m) telescope operates as a single dedicated instrument in a variety of fields, while participating in global networks of radio telescopes. The facility takes part in global geodetic projects to study the dynamics of the earth's crust and the rotation and orientation of the earth in space.
The Space Geodesy Programme has been expanded to include the operation of a regional network of global positioning system (GPS) stations as part of the International GPS Service, and a sophisticated satellite laserranging system. The Observatory is one of only six fundamental stations for space geodesy in the world, and the only one in Africa.
HartRAO will invest heavily in new equipment over the next three years. The SKA, an International GPS Service station, and a highperformance microwave telescope are some of the equipment needed to effectively continue the work of the facility in future.
The SAIAB is a leading centre for the study of fish and biodiversity in Africa and the surrounding seas. The Institute is responsible for the national collection of fish (more than 450 000 specimens) and promotes knowledge and awareness of fish and aquatic conservation. The collection catalogue includes a computerised database, a library and information services.
In 2002, the South African Coelacanth Conservation and Genome Resource Programme was launched at Sodwana Bay. The SAIAB co-ordinates the research project, which promotes co-operation in marine biodiversity conservation, environmental education and capacity-building. Countries such as Mozambique, Tanzania and Madagascar are participating in the Programme. The International Coelacanth Conference was held in South Africa in October 2003.
The Institute's educational programmes include illustrated lectures and guided tours of, among others, the experimental fish farm.
Exciting developments at the SAIAB include the expansion of the Coelacanth Programme beyond South Africa, the setting up of incubator groups through the Coelacanth Programme, and the development of a cryogenic tissue-storage facility.
iThemba LABS provides modern research facilities to users in science, medicine and industry. iThemba LABS has established itself as a major commercial centre for radiation medicine and is forging strategic partnerships with the private and public sectors to leverage capital, skills and the expertise required for an initiative of this magnitude.
By establishing a major oncology centre, iThemba is creating more space for training in physics and radiation sciences. The Major Radiation Medicine Centre (MRMC), as the proposed oncology centre is known, was endorsed by leading international oncologists during a visit to iThemba LABS during 2002.
The MRMC will become the centrepiece of cancer control in southern Africa and an internationally recognised centre of excellence in cancer treatment, research and training. iThemba LABS will invest in equipment for therapy, while initial 'seed money' funding of R10 million is required for the MRMC project.
A good example of iThemba LABS boosting its income sources is its radionuclide sales, which achieved record levels of over R6,5 million in 2002. The income generated from such initiatives is ploughed back into research, infrastructure and HRD in radiation science.
The SAAO in Cape Town and Sutherland has seven telescopes at Sutherland used for optical and infra-red observations. It provides an international facility for research in astronomy in Africa and educates and informs the community.
The US$30-million SALT, an 11-m optical telescope, is currently under construction at Sutherland and will be commissioned during 2004. SALT will be managed by the SAAO on behalf of the SALT Foundation, an international consortium with partners from South Africa, Germany, New Zealand, Poland, the UK and USA. It is being funded by the five international partners and the South African Government, which has committed R50 million over five years.
SALT will collect light and infra-red rays with a mirror mosaic of 91 hexagonal segments, each 1 m wide, making it the largest single optical telescope in the southern hemisphere. During 2002, the SAAO was extensively involved in the establishment of a postgraduate astronomy/space-science programme. The completion of the SALT in 2004 makes it imperative that the next generation of South African and African astronomers and astrophysicists is produced and appropriately prepared. The scholarship programme in astronomy and astrophysics is an initiative designed to meet this challenge. It is focused on accelerating the development of astronomers and astrophysicists from historically disadvantaged communities.
A SALT Collateral Benefits Plan was designed to maximise benefits from the investment of public funds in the construction and operation of the project. The main thrusts are industrial empowerment, educational empowerment, public outreach, direct educational benefits, science education visitor centres, and SALT as an African facility.
The HMO is of strategic importance as a player in space and earth sciences, as well as geospatial information.
Education and Science Awareness Group, which focuses particularly on school children. In November 2002, the HMO was awarded accreditation as an Aircraft Processing and Testing Organisation, as well as an Aviation Training Organisation, by the South African Civil Aviation Authority. This opens doors to the wider aviation fraternity in southern Africa. At present, the HMO is the only local organisation with the infrastructure to do magnetic compass calibrations, aircraft compass swing base surveys and magnetic-effect tests on avionics equipment.
The ARC is a statutory parastatal body established in terms of the Agricultural Research Act, 1990 (Act 86 of 1990). It is committed to the promotion of agriculture and related sectors through research, and technology development and transfer.
Through its wide network of research institutes and experimental farms, the ARC provides a strong scientific base and a broadly distributed technology-transfer capacity for the entire agricultural industry in South Africa. In support of national and household food security, ARC research empowers both commercial and resource-poor farmers.
Farmers are provided with appropriate technologies to improve production. Training of farmers and agricultural extension staff in new technologies is an integral component of the ARC's activities.
The ARC collaborates with government and the Independent Development Trust in the development of government's Integrated Sustainable Rural Development Strategy (ISRDS).
The ARC advises the M-17 group of Ministers under the chairpersonship of the Deputy President on the development of a planning tool, based on geographic information systems (GIS).
To share information and assess the useoptions of resources in a particular area, the South Africa Integrated Spatial Information System is being developed to provide a userfriendly framework for informed decisionmaking.
The Agricultural Georeferenced Information System (AGIS) was launched during the WSSD. This marked the establishment of an official information system for agriculture in South Africa.
The AGIS is cross-sectional and delivers information for natural resource use and management to provide decision-support systems for effective planning and management to ensure sustainable development.
The organisational website is also linked to AGIS, which was developed by the ARC in collaboration with the national Department of Agriculture and the nine provincial Departments of Agriculture. Agricultural information is made available to all users via the Internet and other electronic media.
The impact and wide scope of the ARC's sustainable rural development thrusts are evident in all provinces. The ARC empowers people through research, information and appropriate training that address economic and social challenges.
ARC-generated technologies also underpin SMMEs that aim to create new job opportunities through agribusiness. Its research impacts on agriculture and related disciplines such as applied S&T, health and nutrition, food safety, education, the environment and naturalresource conservation.
The ARC interfaces with national, provincial and local governments as well as various agricultural unions and farmers' associations in South Africa. Apart from research collaboration with these stakeholders, the ARC also partners other science councils.
By mid-2003, the ARC had 36 competitive bidding projects on which institutions collaborated with a range of local, regional and international research partners - six Innovation Fund projects; seven THRIP projects; one EU project; 11 projects funded by donor and international organisations; six regionally funded projects, mainly in association with the Consultative Group for International Agricultural Research research centres; and five binational projects, one each with Poland, India and Sweden, and two with Hungary.
At a regional level, the ARC is involved in the agricultural research activities of the SADC, with links to other African role-players in the Special Programme for African Agricultural Research.
The ARC is active in over 65 regional networks and has 137 research projects with international partners, involving one or more countries.
The ARC is also active in international collaboration, especially with universities in the USA, UK, Europe, Australia, New Zealand and Africa. It has Memoranda of Understanding with numerous scientific role-players in other countries.
The ARC's Institutes have localised research and demonstration trials at about 40 sites. These include strategic research farms and satellite stations located within some provincial Departments of Agriculture.
This Institute in Pretoria, Gauteng, promotes the characterisation, sustainable utilisation and protection of natural resources.
Research activities cover soil science, agrometeorology, water utilisation and analytical services.
Situated in Pretoria, the Institute is active in agricultural mechanisation, resource conservation, farm structures, irrigation, alternative energy, aquaculture and product-processing.
Research is directed at a wide range of clients, from subsistence farmers using animal traction to commercial farmers and manufacturers requiring scientific performance evaluations of advanced equipment. Innovative energy sources and applications are developed for rural areas.
The Agricultural Research Council (ARC) developed an improved method for combating the foot-and-mouth disease (FMD) virus and preparing the FMD vaccine. The ARC patented the method in both India and Brazil. The ARC patent for a vaccine for Newcastle disease is limited to South Africa. Two other patents in the pipeline are related to a lactate-utilising bacterium for the prevention of lactic acidosis in ruminants, and a new dosing system.
One of the ARC's largest contributions involves the breeding of new plant cultivars that are better adapted to South African production conditions than imported cultivars or races.
By mid-2003, the ARC held registered plantbreeder's rights on 291 cultivars of the major plant types commercially produced in South Africa. Export figures over the last 20 years indicate the growth in production and international demand for South African cultivars.
The ARC-Plant Protection Research Institute in Pretoria concentrates on national agricultural and environmental problems. It is committed to the promotion of economic and environmentally acceptable pest control. Research focuses on biosystematics, ecology and epidemiology of vertebrates, as well as fungi, and pathogenic and useful bacteria and viruses.
The Institute researches the control of pests and invasive plants through effective pesticide management, as well as biological and integrated control strategies. A variety of services is provided.
The Institute also houses the Plant Genetic Resource Unit.
This Institute, situated in Potchefstroom, North West, is responsible for research into the improvement and cultivation of grain crops such as maize, sorghum and millet, as well as oil-and-protein seeds such as sunflower, ground-nuts, soya beans, dry beans, cowpeas, sweet white lupin and bambara. Research activities involve plant-breeding, evaluation of cultivars, grain quality, plant physiology and other production factors.
The ARC-Small Grain Institute in Bethlehem, Free State, concentrates on the improvement and cultivation of small grain crops such as barley, wheat, oats, triticale and rye. Research activities include plant-breeding, evaluation of cultivars, grain quality, plant physiology, tillage, weed science, plant pathology, entomology and yield potential.
This Institute in Rustenburg, North West, is involved in all fundamental and applied research in the interest of the tobacco and cotton industries. Research is also conducted on other fibre crops such as hemp, sisal and flax that have potential as new crops in rural areas.
The ARC-Institute for Tropical and Subtropical Crops in Nelspruit, Mpumalanga, is responsible for research into all aspects of the cultivation of tropical and subtropical fruits.
Other crops on which production research is conducted include tea, coffee, spices such as ginger, and pecan, macadamia and cashew nuts. Lesser-known exotic crops being evaluated are pitanga, feijoa, annona types, carambola and jaboticaba.
Situated outside Pretoria, this Institute concentrates on a wide range of horticultural crops. Research is conducted on commercial vegetables such as onions, potatoes, tomatoes and sweet potatoes. Traditional and indigenous vegetables receiving attention include amaranthus, cassava, plectranthus, Zulu round potato, pigeonpeas, cowpeas and bambara.
Research on the production and development of ornamentals and indigenous flora such as fynbos, woody ornamentals and bulbs has led to a new growth industry.
ARC-Infruitec/Nietvoorbij in Stellenbosch, Western Cape, is responsible for research on the cultivation and post-harvest technology of deciduous fruit.
Other assigned crops are berry fruits, treenut crops, rooibos tea, honeybush tea, dates, olives, kiwi fruit and hops. It is also responsible for research on the cultivation of table, raisin and wine grapes, as well as on the production of wine and brandy.
The ARC-Animal Improvement Institute at Irene, outside Pretoria, provides the livestock industry with technologies for the improved quality of animals.
It has established genetic and physiological methods to identify and study superior breeding material to improve the efficiency of the national herd.
Situated at Irene near Pretoria, this Institute develops environment-friendly technologies to promote animal production through improved nutrition.
Research is conducted on beef and dairy cattle, sheep, pigs, goats and poultry. The Institute also evaluates technologies to enhance the quality of meat and dairy products.
The ARC-Onderstepoort Veterinary Institute, north of Pretoria, is responsible for the prevention and control of animal diseases. It also provides a public health service with regard to animal products such as milk, meat and eggs.
The Institute conducts research on specialised diagnostics, parasitology, toxicology and related disciplines. Various vaccines and other biological products are developed and produced. The Institute also houses a high-security facility for research into infectious diseases such as foot-and-mouth disease and African swine fever. It serves as a regional centre for diagnostic services, advice and training.
The Institute, situated in Pretoria, focuses on the development of holistic and integrated land-use strategies. It provides guidelines for sustainable livestock and rangeland management systems.
The CSIR is the largest community and industry-directed scientific and technological research, development and implementation organisation in Africa.
It delivers scientific and technological services in areas where industry, parastatals or government clients require support, as well as innovative leadership in the development of new technologies which can be further developed and exploited by the private sector.
Approximately 7 000 clients are served every year, and 60% of the CSIR's income is funded externally.
Roads and Transport Technology. The CSIR-based South African National Cleaner Production Centre (NCPC), an initiative financed jointly by the Swiss and Austrian Governments to enhance the competitiveness and productive capacity of the national industry, through the adoption of cleaner production techniques and the transfer and development of environmentally acceptable technologies, was officially inaugurated in February 2003. The Centre is hosted at the CSIR's Process Technology Centre, which is part of the CSIR Manufacturing and Materials Technology business unit. The NCPC was launched during the WSSD.
supporting the technological competitiveness of the South African industry in both the formal and informal sectors providing technological solutions to improve the quality of life of urban and rural communities providing scientific and technological support for decision-making in the private and public sectors.
The CSIR focuses on team work, building relationships, forging strategic alliances and working with consortia. It is strongly committed to serving the national imperatives of crime prevention, HIV/AIDS, HRD, job creation, regional integration, rural development and urban renewal. In these endeavours, it draws on skills from across the organisation and collaborates with partners in science councils and other agencies, including local, provincial and national government.
The CSIR is empowered by the Measuring Units and National Measuring Standards Act, 1973 (Act 76 of 1973), as amended by the Measuring Units and National Measuring Standards Amendment Act, 1998 (Act 24 of 1998), to maintain all national measurement standards through its National Metrology Laboratory.
Internationally, the CSIR works with 18 African countries, has co-operation agreements with major R&D organisations and companies, and is a registered consultant with the World Bank, the African Development Bank, United Nations Development Programme and others.
The CSIR is well-positioned to provide services to Africa in support of the New Partnership for Africa's Development (NEPAD). The combination of its scientific and technical expertise, its understanding of the African continent, and its developing strategic-relationship network with key African private, public and official development-assistance sectors, make the organisation an ideal partner to support Africa's economic development through specific interventions. These are primarily aimed at the environment, ICTs, infrastructural services and manufacturing. The CSIR also supports the utilisation of indigenous knowledge systems as well as capacity-building to secure Africa's position in the knowledge economy.
Long-term relationships with multinational companies and knowledge-intensive organisations have resulted in five-year compound growth of almost 26% in international external income.
The CSIR and the South African San Council reached an agreement in March 2003 to share the benefits that are anticipated to arise from the potential commercial success of a CSIR patent that followed the R&D of a new technology relating to the Hoodia plant. Clinical trials continue internationally on the product (dubbed P57), which - if successful - will form the basis of a new obesity treatment.
In terms of the agreement, the CSIR will pay the San 8% of all milestone payments it receives from its licensee, UK-based Phytopharm plc, as well as 6% of all royalties that the CSIR receives once the drug is commercially available. Milestone payments are subject to agreed technical-performance targets of P57 during its clinical development over the next three to four years, and royalties are based on sales, which are not set to commence before 2008. This benefit-sharing model ensures that the San will receive equitable benefits if the drug is successfully commercialised, and is based on established international benefit-sharing models for the pharmaceutical industry.
The potential income stream will be deposited into a San Hoodia Benefit Sharing Trust, established by the CSIR and the San.
Mintek, South Africa's national mineral research organisation, was established in 1934 to ensure the sustainability and growth of the minerals industry through technology development and transfer. This role has expanded internationally, and today Mintek is one of the world's leading technology organisations specialising in mineral processing, extractive metallurgy and related areas. Working closely with industry and other R&D institutions, Mintek provides service-test work, process development, consulting and innovative products to clients on six continents.
Mintek is an autonomous statutory organisation and reports to the Minister of Minerals and Energy. About 37% of the annual budget of R220 million is funded by the State, with the balance provided by contract R&D, sales of services and products, technology-licensing agreements, and joint-venture operating companies. Mintek has some 500 permanent staff members, over half of whom are scientists, engineers and other technical R&D personnel.
enhance the competitiveness of South Africa's minerals industry in the global market promote job creation, economic growth and regional development assist local mining and engineering com panies to expand internationally.
promoting increased beneficiation of South Africa's minerals and mineral commodities by developing competitive and innovative processing technology and equipment strengthening South Africa's international position as a supplier of mineral technologies, capital goods and services developing regional strategies for the mineral processing sector, concentrating on valueaddition, capacity-building and broad-based development.
developing the HR potential of the region through educational and training activities. Mintek offers a complete range of process development services, from preliminary benchscale investigations to large-scale piloting and integrated flowsheet development in support of bankable feasibility studies. Engineering design, plant construction and commissioning are carried out in conjunction with international partners. Comprehensive laboratory and piloting facilities for sample preparation, milling, flotation, physical separation, smelting, leaching, pressure leaching, and metal recovery and purification are supported by internationally accredited analytical laboratory and mineralogical services.
The Gold industry Programme focuses on developing and introducing improved technologies, such as biotechnology and ionexchange processes, to simplify processing and increase recoveries, particularly from ores that are difficult to treat. A major joint venture with industry and other research groups is exploring new industrial uses of gold.
The Platinum-Group Metals (PGMs) Industry Programme aims to increase the costeffectiveness of PGM production and stimulate industrial demand for the PGMs.
The Ferrous Metals Industry Programme develops products and technical services to increase the cost-effectiveness of steel, stainless steel and ferro-alloy production, as well as improved alloys.
The Non-Ferrous Metals Industry Programme includes the processing of aluminium, cobalt, copper, lead, magnesium, nickel and zinc. A major emphasis is on the introduction of cleaner technologies.
The Industrial Minerals Industry Programme includes a major R&D effort towards the beneficiation of titaniferous raw materials, which constitute one of the country's most significant mineral resources. Mintek's research into waste management and environmental problems also fall under this programme.
Mintek is promoting a number of major new industrial projects based on mineral beneficiation, and utilising both existing and newly developed technologies. These include the production of hot briquetted iron from Sishen ore fines utilising natural gas, the recovery of PGMs from chromite tailings, the production of ferronickel and electrolytic manganese dioxide, and the establishment of a local magnesium industry using a novel thermal-production route being developed in conjunction with industry partners.
Mintek carries out surveys, evaluations and commodity and market studies to support initiatives by governmental, international, regional or industry associations. It also identifies and evaluates potential development projects, assesses and provides technology, and conducts feasibility studies. Mintek supports the activities of the SADC Mining Co-ordination Unit and was closely involved in developing the economic growth strategy for NEPAD.
Mintek is a founder member of the National Steering Committee (NSC) of Service-Providers to small mines, which assists artisanal and small-scale miners on matters such as mineral rights, better technology, raising finance for equipment, and marketing. A Technology Demonstration Centre, Zenzele, established in co-operation with the EU and the Department of Science and Technology, assists with the implementation of mineral-beneficiation techniques, hosts workshops and seminars, and assesses likely deposits for small-scale exploitation.
Mintek continues to focus on the development of environmentally responsible technologies for the recovery and recycling of metals from metallurgical residues. A major programme is in place to monitor cyanide species after discharge in various locations around gold plants, from both an environmental and a processing point of view. Mintek's environmental technologies and services are provided to industry via a co-operative agreement with an established environmental consulting group.
There is a shortage of engineers and scientists within Mintek's field of expertise in South Africa.
The undergraduate bursary scheme assists in supplying Mintek with a steady stream of suitable new graduates and also in fulfilling Mintek's commitment to promote education in the mineral-related engineering disciplines. The postgraduate bursary scheme is a source of researchers at MSc, MTech and PhD levels.
The EngTrain and TechTrain programmes focus on university and university of technology students who require in-service training to complete their qualifications. Mintek continues to support pre-tertiary activities to encourage young people to pursue careers in S&T. The two primary efforts in this regard are Minquiz, the annual national competition for secondary schools, and the Edumap Programme at the College of Education, University of the Witwatersrand, which affords young people from disadvantaged educational backgrounds the opportunity to prepare for tertiary education in engineering and commercial subjects.
Mintek's Adopt-a-School initiative, from which Kwadeba High School in Soweto benefits, was launched in 2001. Mintek supplies surplus laboratory equipment, and assists in ensuring that the school's science laboratories are functioning. Winter tutorials in mathematics and science are organised during school vacations. In 2002, the school's matriculation pass rate was 81%.
The HSRC of South Africa is a statutory body established in 1968. It supports development nationally, in the SADC, and in Africa. It primarily conducts large-scale, policy-relevant, social-scientific projects for public-sector users, non-governmental organisations and international development agencies.
Over the last couple of years, the HSRC has undergone major restructuring, aligning its research activities and structures with South Africa's national-development priorities, notably poverty reduction through economic development, skills enhancement, job creation, the elimination of discrimination and inequalities, and effective service delivery.
It also seeks to contribute to the R&D Strategy of the Department of Science and Technology, especially through its mission to focus on the contribution of S&T in addressing poverty.
With its new structures and greatly expanded research complement of more than 130 top researchers and 100 support staff in five different centres, the HSRC is well-equipped to respond flexibly and comprehensively to current and emerging needs. Its 10 multidisciplinary research programmes, focused on user needs, are spread across five centres in different parts of South Africa.
The ATEE provides assessment, evaluation expertise and information aimed at improving the development and utilisation of resources (human and physical) in the education and training system, with the primary focus on schools and the industrial sector.
The programme focuses on school reform and change; science, mathematics and technology education; psychological assessment and methodology; modelling; and analysis. Future plans include addressing languagepolicy and implementation issues.
The D&G focuses on the two broad areas of democratic consolidation and local-government development and delivery. Projects falling under the ambit of democratic consolidation include work on electoral systems, intergovernmental relations and civil society, good governance, and issues relating to human rights and non-racialism.
Future projects in this area will include a democratic auditing project, intended as a response to NEPAD initiatives such as the African Peer Review Mechanism. Projects planned for 2003/04 deal with issues such as community-based information systems, determinants of non-payment of service delivery in the Tshwane metropolitan area, service delivery to farm workers in the Free State, and municipal land management.
The EEPR focuses on themes that will contribute to the development of know-how in constructing an employment-planning framework for policy co-ordination.
The focus is not only on the labour market. The ultimate purpose is to enable government to address the growing crisis of unemployment and underemployment that are contributing to unacceptable levels of poverty and inequality in the middle-income economy.
The research programme has established a number of strategic partnerships that will add value to the work undertaken by the programme. Research projects in this programme are strongly aligned with the National Human Resource Development Strategy, as well as the Integrated Manufacturing Strategy of the Department of Trade and Industry.
Current and completed research projects in the EEPR address strategic aspects of sustainable development and quality of life, including public-private partnerships, SMME development, small-scale mining and the jewellery sector. Central research themes in the EEPR programme include labour-market analysis and HIV/AIDS in industry.
HRD undertakes research on the supply-side of strategic HRD planning by focusing on the provision of post-school education and training, particularly in the further and higher education and training bands, including public and private institutions.
Research on the demand-side examines the characteristics of skills in demand, those in short supply and those that will be needed in future. Linked to this is the research on the State's new science and industrial policies, aiming to identify the implications of new knowledge and innovation requirements on the education and training system. The programme also aims to develop appropriate analytical models to enable the matching of demand- and supply-side perspectives without falling short of the limitation of previous models of HR planning.
The IRRD emphasises poverty reduction as an overarching research theme. A multidisciplinary and multi-institutional task team prepares research proposals to support the mission S&T for Poverty Reduction, while the Southern African Regional Poverty Network provides a platform for policy-relevant discussions among key stakeholders and decision-makers in the region.
Other areas covered in the IRRD research programme include agrarian reform, rural non-farm development and regional resource flows. The programme also focuses on priorities articulated in the agendas of NEPAD, the WSSD and the ISRDS.
The KM provides key research input to the national R&D Strategy, with particular reference to strategic planning and capacitydevelopment issues.
Becoming an Innovative Research Organisation that considers how the work processes of the HSRC must and will change.
The SAHA focuses on studying key sociocultural, political, economic and demographic determinants that increase or reduce vulnerability to HIV-infection, through facilitating or hindering change in risky behaviour; enable or retard progress towards care; and prevent or enable mitigation of the impact of HIV/AIDS in South Africa and the SADC region. The publichealth component of the programme focuses on health-system issues necessary for disease control within a social development context. The SAHA research programme has succeeded in attracting substantial funding for research, networking and grant-management purposes.
Following a commissioned situation analysis of HIV/AIDS in six countries, the SAHA made recommendations on appropriate, coordinated and research-based intervention programmes in the SADC region, focusing on orphans and vulnerable children. The HSRC has subsequently been appointed to manage a multi-year, multimillion-Rand research-based intervention programme.
The SAMM is a cross-cutting entity that brings together the HSRC's capacity in surveys, quantitative and qualitative analyses, GIS, statistical and econometric modelling, and data management. It assists other research programmes to meet their development research needs in a flexible and user-driven way. The HSRC's survey work has gained a clear competitive advantage following the strategic investment in the development of a master sample, funded by a grant from the Swedish Development Co-operation.
Social, Cohesion and Integration is a science and humanities research programme devoted to the promotion of excellence, leadership and public discourse in the arts, sports, religion, media, history and sciences. The programme is pioneering debates on the significance of the international Human Genome initiative for Africa. A major international conference on the human genome was held in March 2003.
The majority of research projects housed in the 10 research programmes are multidisciplinary, multi-year projects. The interdisciplinary nature of these projects encourages collaboration between the different research programmes, as well as with researchers and research institutions outside the HSRC.
The output of the HRSC's research projects includes reports for users, occasional papers and scholarly articles in peer-reviewed journals or books. These are disseminated in print through an online bookshop, and published electronically on the HSRC's website www.hsrcpublishers.ac.
The MRC was established in 1969 by an Act of Parliament. Its mission is to improve the nation's health status and quality of life, through relevant and excellent research aimed at promoting equity and development.
The MRC is an autonomous body, but reports to the national Department of Health.
It receives 60% of its budget from the Department of Science and Technology. Its Head Office is in Cape Town, with provincial offices in Pretoria and Durban.
The MRC's research activities are aligned with the health priorities of the nation, in line with the national S&T Imperatives and the health priorities defined by the Department of Health under the philosophy of Essential National Health Research.
This group undertakes research on human and microbial genetics, genomics, bioinformatics, cell and molecular biology, tissue engineering, oesophageal cancer, molecular hepatology, microbacteriology, and liver and bone disease.
The scientists in this Programme conduct research on health systems, clinical epidemiology, biostatistics, health policy, burden of disease, and telemedicine.
The research units in this Programme are involved in research on tuberculosis, malaria, immunology of infectious diseases, diarrhoeal diseases, inflammation and amoebiasis, genital ulcer diseases, respiration and meningeal pathogens, and South African traditional medicines.
It also incorporates the MRC National HIV/AIDS Lead Programme, whose divisions co-ordinate the South African AIDS Vaccine Initiative; various aspects of biomedical research, including mother-to-child transmision and microbicides; and prevention of transmission through behavioural change. (See Chapter 13: Health.
This group undertakes research on heart disease (both laboratory, clinical and public health research), nutritional intervention, diabetes, crime, violence and injury, anxiety and stress disorders, dental issues, medical imaging, chronic diseases of lifestyle and cancer epidemiology.
In this entity, research is undertaken on health promotion, health and development, exercise and sports science, occupational and environmental health, alcohol and drug abuse, and technology transfer.
The MRC's 47 research units within these six national programmes employ over 300 scientists engaged in 600 research projects, supported by 200 support staff members.
This Programme undertakes research on many aspects of women's health, including high blood pressure during pregnancy, healthcare strategies in maternal and infant health, perinatal mortality, gender and health, mineral metabolism and nutritional intervention.
Twenty-seven of the units are situated at medical schools and research institutes - six of these in historically disadvantaged institutions. The MRC also funds 350 short-term researchers at academic institutions throughout South Africa.
It has a new research-grant management system, using electronic databases and software to ensure equitable and efficient disbursement of health-research funding.
The MRC is becoming increasingly Africanised in terms of its research and organisational philosophy, its gender and ethnic profile, and its collaboration with other African countries. It is also becoming increasingly internationalised through collaboration with most of the world's leading health-research agencies, including the National Institute of Health and Centre for Disease Control and Prevention in the USA, the Gates Foundation, the World Health Organisation, the Wellcome Trust, the Pasteur Institute, the Kenya Medical Research Institute, and the Blair Institute in Zimbabwe.
It works with national and provincial Departments of Health to ensure its research findings feed into policy formulation and healthcare practice.
The South African National Health Knowledge Network was established in 1999 at the MRC with funding from the Government's Innovation Fund.
It operates under the tradename SA HealthInfo and is available on the Internet (www.sahealthinfo.org), providing a one-stop interactive forum or resource for quality-controlled and evidence-based health-research information.
This Internet portal caters for three types of audiences: health researchers and healthcare professionals, health consumers and related organisations, and policy-makers. It also serves as a gateway to other trusted health resources.
A new portal for HIV/AIDS in southern Africa, www.afroaidsinfo.org, was launched on World AIDS Day 2002 and serves South African researchers, health professionals, educators, policy-makers and the general public. The project has secured external funding from the XIII International AIDS Conference organisers and BMS Secure the Future. The HIV/AIDS portal is endorsed by the Department of Health.
In response to the needs of researchers, and in line with government's biotechnology focus, as well as NEPAD, the MRC has initiated a process to establish an African Biotechnology Information Centre in collaboration with a consortium of universities.
The Knowledge Network also provides a unique access point to online full-text publications.
The CGS is a statutory body established in terms of the Geoscience Act, 1993 (Act 100 of 1993), to manage the functions of the Geological Survey of South Africa.
the systematic documentation of the surface of the earth within the borders of South Africa; the compilation of geological, geophysical, geochemical and other geoscientific information; and the publication of this information in the form of maps and documents geoscientific research on rocks, minerals, ores, fossils, etc. in South Africa, and the publication of research-results in national and international journals the collection and conservation of all geoscientific information and data on South Africa in national collections and electronic databases the supply of geoscientific services and advice to the national and provincial governments, to ensure informed decisions regarding the optimal and efficient use of the earth's surface.
carry out research on raw material needed to clothe, transport, feed and provide shelter for the nation.
To accomplish these functions and objectives, the CGS maintains a specialised workforce, consisting of earth scientists supplemented by technical, support and administrative staff at its headquarters in Pretoria, as well as branch offices in the nine provinces.
The National Geoscience Library in Pretoria is probably the most comprehensive geoscience library on the African continent. It includes the National Geoscience Map Library, which contains a collection of South African and African geoscience maps.
The National Core Library contains a representative stratigraphic borehole core collection, representing most of the lithological units located within the borders of South Africa. This collection is housed at Donkerhoek, east of Pretoria.
The Geoscience Museum in Pretoria contains a unique collection of minerals and fossils, catering for the earth-science education of the public, especially schoolchildren.
An extensive laboratory to analyse rock and soil samples, using various specialised techniques.
The geoscience information and services provided by the CGS are particularly important for sustainable development. In South Africa's arid region, the management of groundwater resources (both the quantity and quality thereof) is aimed at providing enough clean water to communities.
A new map series, the 1:50 000 geotechnical map series, covering the rapidly developing areas of South Africa, can be used to locate land that is geotechnically suitable for development, and free of geohazards such as sinkholes. These maps also show the locations of building-material resources.
Through its membership of the NSC, the CGS helps mining entrepreneurs, particularly those from previously disadvantaged groups, to exploit South Africa's mineral resources in a cost-effective and environmentally friendly way.
The CGS plays a leading role in the SADC and has been chairing the Geological Subcommittee for several years. Several geoscience publications covering the region have been produced by this Subcommittee.
An exciting service is provided by two microlight aircraft capable of performing highresolution aerial geophysical surveys.
In addition to its national responsibilities, the CGS is also active internationally, mainly in Africa. Geological and metallogenic maps of, among others, Angola, the Democratic Republic of the Congo, Mozambique, Gabon and Morocco have been produced.
A map indicating seismic activity in sub-Saharan Africa has also been produced, as well as a publication on the gold deposits in the SADC region.
A digital edition of the Metallogenic Map of South Africa, at a scale of 1:1 000 000, was recently released. A metallurgic map of Africa, at a scale of 1:5 000 000, is being printed, and a digital version of this map will also be available in CD-ROM format.
The CD-ROM supplies information on all known mineral deposits and occurrences in South Africa.
The core business of the SABS is the production, maintenance and dissemination of standards.
promoting standardisation in industry and commerce undertaking educational work in connection with standardisation administering compulsory standards on behalf of the State collaborating with relevant international organisations to protect and advance South Africa's interests assisting government departments, public bodies, and provincial and local government in the preparation of any specification or code of practice they require.
The SABS provides standardisation services that improve South Africa's competitiveness. It consists of Standards, Regulatory, R&D and the Design Institute. It is further split into SABS Holdings, which comprises seven revenuegenerating companies. The support rendered to government includes testing certification for local manufacturers and their products destined for overseas markets, to avoid double testing.
The Certification Strategic Business Unit of the SABS runs a product certification scheme; several quality-system certification schemes, such as the SABS ISO 9000 Quality-Management Certification Scheme and SABS ISO 14001 Environmental-Management Certification Scheme; and a consignment inspection service.
The extensive state-of-the-art testing capability of the SABS forms the backbone of the organisation's commercial activities and contributes a significant portion of turnover. Goods can be inspected, tested and analysed against private, voluntary or compulsory standards, while precision-measuring and scientific equipment can be tested and calibrated for clients in both the public and private sectors.
Consequently, most of the 66 testing laboratories within the SABS are accredited by the South African National Accreditation System for the competent performance of tests in accordance with ISO/IEC Guide 25, the general requirements for the competence of calibration and testing laboratories.
The SABS is a founding member of the independent South African Quality Institute, which was established in 1991.
By means of its focused training programmes, the SABS actively assists industry in creating an overall awareness of quality and the environment. It provides a countrywide service in training quality-system and environmental auditors.
The core business units of the SABS are financed by monies allocated for that purpose under the science vote and administered by the Department of Science and Technology. Inspections and tests, which are carried out for the private sector, industry, national, provincial and local government, as well as the certification of products and systems, are funded on a commercial basis by fees charged for services rendered.
The Regulatory Divisions' prime objective is to align South Africa's requirements with international requirements, and to become actively involved in the creation of international standards.
legal metrology: it ensures consumer protection in the area of measurement as it controls the accuracy of measuring instruments and the quantity of contents in prepacked goods automotive: the Division sees to the safety of the public by ensuring that vehicles meet legal requirements electrotechnical: the Division is primarily concerned with the safety of the public in electrotechnical fields by ensuring that they meet legal requirements food and associated industries: it ensures that fish products and canned-meat products are safe for human consumption.
Biopad was initiated early in 2003 by a community of biotechnologists and professionals as a means to put South Africa among the world leaders in the application of biotechnology.
Although the Sasol Group is best known for its petrol, diesel, kerosene, liquid petroleum gas, power paraffin, illuminating paraffin, fuel oils and gas, it is also a major producer of ethylene, propylene, ammonia, phenols, sulphur, road tar, pitch, creosote, alcohols, ketones, solvent blends, alpha olefins, fertilisers, explosives and waxes.
Sasol Technology's R&D Division is responsible for the R&D function of the Sasol Group.
Continuous R&D in recent years has enabled Sasol to launch two major, more costeffective technological innovations: the Sasol Advanced Synthol Process and the Sasol Slurry Phase Distillate (SSPD) Process. The SSPD process technology evolved from Sasol's extensive expertise in the field of low-temperature FischerTropsch process technology.
Besides the production of high-quality and more environmentally friendly diesel, the proprietary technology can also manufacture high-quality kerosene and naphtha from natural gas.
The technology arm of the minerals and metals company Iscor Limited, ITEC, provides technical and research support for the company.
Areas of operation include minerals beneficiation, new extraction methods and hightemperature metallurgical processes. ITEC is also involved in environmental control through research into novel warp recycling and effective use of waste material.
Eskom's Technology Services International group is a multidisciplinary industrial laboratory and consulting organisation. It undertakes testing, investigation studies, project management, engineering services and applied research for Eskom and other customers.
R&D and demonstration in Eskom are focused on supporting sustainable development. In 2002, investment in technical research, development and demonstration projects amounted to R625 million, which represented 1,2% of total revenue. It is estimated that in 2002, research provided a return of 5:1 in terms of avoided costs and directcosts reduction. In addition, non-quantifiable benefits in social, environmental and customer satisfaction were realised.
During 2002, highlights of R&D and demonstration activities included the final commissioning of both the first sub-Saharan wind farm in the Western Cape, and the first solar dish stirling system outside of the USA, in partnership with the Development Bank of Southern Africa.
The NHLS conducts research into the prevention and treatment of human diseases.
The NHLS was established on 1 October 2001 to form a single public health laboratory service in South Africa. The NHLS comprises about 240 laboratories countrywide, including the former South African Institute for Medical Research, the National Institute for Virology, all provincial diagnostic pathology laboratories (excluding those in KwaZulu-Natal), and tertiary laboratories used by universities' medical schools. It has approximately 4 000 employees and consists of four divisions: Research, Diagnostic Laboratory Services, Production (serum and laboratory reagents) and Teaching and Training. The NHLS conducts medical research as well as pathology laboratory tests for all provincial hospitals, excluding those in KwaZulu-Natal. Research is conducted on diseases and health dangers that are of specific importance to South Africa.
The Bureau for Economic Research at the University of Stellenbosch, Western Cape, is an independent and objective economic research organisation rendering a service to organisations ranging from small one-person businesses to policy-makers at the highest level of government.
The National Institute for Tropical Diseases in Tzaneen, Limpopo, is responsible for the ongoing assessment of the malaria-control programmes carried out by various authorities in South Africa.
Control methods are assessed, and recommendations made to the appropriate authorities with regard to equipment, insecticide usage and application. A malaria reference service is also provided. Tests for malaria are carried out by the Institute, and statistical analysis of data pertaining to the programme is undertaken.
South Africa has been involved in Antarctic research since 1957. It is one of the 12 original signatories to the Antarctic Treaty and plays an active role in Antarctic matters. The South African National Antarctic Programme (SANAP), which is run by the Directorate: Antarctica and Islands of the Department of Environmental Affairs and Tourism, provides logistical support to the annual science programme that is conducted in Antarctica and on the islands. It manages three bases, one on a mountain top at Vesleskarvet in Dronning Maud Land, Antarctica; a second on Marion Island in the south Indian Ocean; and a third on Gough Island, a British territory in the South Atlantic Ocean.
The country also ratified the Madrid Protocol on Environmental Protection to the Antarctic Treaty, which was implemented on 14 January 1998.
Relief voyages, which bring new over-wintering staff and supplies to the South African National Antarctic Expedition (SANAE) IV base, Marion Island and Gough Island, were all successfully carried out during 2002. SANAP continues to support the South African Weather Service by maintaining stations at all three bases. The Programme also assists with the deployment of weather buoys and the servicing of an automatic weather station at the South Sandwich Islands.
The Minister of Environmental Affairs and Tourism, Mr Mohammed Valli Moosa, led a multidepartmental delegation to Antarctica in January 2003. This was the first time that a South African Cabinet Minister had visited the Antarctic and SANAE IV base. Accompanying the Minister was a Norwegian delegation, led by that country's Minister of the Environment. A letter of intent, which heralds closer co-operation between South Africa and Norway in the Antarctic, was signed by the two Ministers at the Norwegian Antarctic station, Troll, during the four-day visit.
The purpose of the Minister's visit was to assess the research programmes and the scientific infrastructure in place at SANAE IV, and investigate the possibility of improved international co-operation, parti-cularly in the areas of cost sharing, revenue generation, and joint projects and activities. A clear understanding of the complexities of supplying and operating the Antarctic operation was achieved during the visit.
The SANAE IV base at Vesleskarvet can accommodate 20 over-wintering team members and 60 summer take-over personnel.
The main research conducted at the base is Antarctic magnetosphere, ionosphere groundbase observations, and research into cosmic rays.
A research base was established on Marion Island shortly after its annexation in 1947, and since then the base has been expanded and changed on an ad hoc basis. The base is used for collecting weather data, as well as for research into the exceptional biodiversity and natural systems.
The buildings on Marion Island have deteriorated to such an extent that they can no longer be economically maintained and repaired. The Directorate: Antarctica and Islands therefore proposed that a new modern research base be built to cater for the safe accommodation of personnel and for scientific research.
To ensure that the environmental impact of the new base is minimised, the Directorate has appointed independent environmental consultants to carry out environmental scoping.
Approval to rebuild the research station at Marion Island has been obtained, and an environmental-impact assessment was completed in 2002. Construction of the new base was expected to begin in the 2003/04 financial year.
The lease agreement between the UK and South Africa to build, maintain and staff a permanent base on Gough Island was to be renewed in 2003/04.
During 2002/03, the Departments of Environmental Affairs and Tourism and Science and Technology agreed to form a partnership and work together in the areas of Antarctic science, research support and funding. The objective is to broaden the scientific base, increase participation by historically disadvantaged individuals in SANAP, and revitalise Antarctic research.
As part of the Department's goal of exposing the Antarctic Programme to the South African public, 16 learners, including nine from historically disadvantaged backgrounds, accompanied the SA Agulhas on a voyage to the Antarctic in February 2003.
The activities of the Safety in Mines Research Advisory Committee are aimed at the advancement of the safety of workers employed on South African mines. The Committee is a statutory tripartite subcommittee of the Mine Health and Safety Council. It has a permanent research management office managing the fields of research, namely rock engineering, engineering and mine occupational health.
The Chief Directorate: Energy of the Department of Minerals and Energy manages a policy-directed research programme. This includes transport energy, renewable energy and energy for developing areas, coal, electricity, energy efficiency, energy economy and integrated energy-policy formulation.
Agricultural research is conducted by the ARC, several universities and a variety of organisations in the private sector. Provinces are responsible for farm management and technological development. These activities are aimed at improving managerial efficiency on farms.
The Directorate: Agricultural Water-Use Management of the national Department of Agriculture co-operates with provinces to steer research in the engineering aspects of agriculture.
Biannual meetings are held to debate and agree on research needs, programmes and budgeting. Efforts are made to ensure that the bulk of research serves the needs of smallscale producers.
Research initiatives have been integrated into the various industries in line with the overall objectives of each particular agricultural sector.
Water research in South Africa is co-ordinated and funded by the Water Research Commission (WRC) in Pretoria. The WRC was established in 1971 through the Water Research Act, 1971 (Act 34 of 1971), following a period of water shortage. It was deemed to be of national importance to generate new knowledge and to promote the country's water research purposefully, owing to the view held that water would be one of South Africa's most limited resources in the 21st century.
Being a water-stressed country, South Africa progressively needs to find innovative ways of managing water resources to ensure that the basic needs of its citizens are met, that social and economic development is not restricted through a lack of or a poor quality of water, and that sustainability of water resources and of water-dependent ecosystems is achieved.
promote co-ordination, co-operation and communication in the area of water research and development establish water research needs and priorities stimulate and fund water research according to priority promote effective transfer of information and technology enhance knowledge and capacity-building within the water sector. The Water Research Act, 1971 provides for the establishment of the Water Research Fund which derives income primarily from levies on water consumption.
The WRC funds R&D under contract with other organisations. In view of the broad scope of water research, a wide spectrum of researchproviders are involved in WRC research contracts. They are drawn from universities, universities of technology, statutory research agencies, government departments, local authorities, non-governmental organisations (NGOs), water boards, consultants and industry.
water-resource management water-linked ecosystems water use and waste management water utilisation in agriculture water-centred knowledge. The WRC strategy also calls for specific mechanisms to address key strategic issues of national importance.
water and society water and the economy water and the environment water and health.
The main areas of research are surface hydrology, groundwater, hydrometeorology, agricultural water utilisation, water pollution, municipal effluents, industrial water and effluents, drinking water, membrane technology, water ecosystems, hydraulics, mine-water management, water policy, developing communities, and the transfer of information technology.
The Division: Water, Environment and Forestry Technology (Environmentek) of the CSIR specialises in research into water quality, including technology to meet effluent and water-quality standards and to establish reclaimed water as an additional water source. Environmentek is a world leader in research into activated sludge processes and the biological monitoring of water to detect potentially toxic substances. It is also involved in research on the effects of afforestation and veld management on the quantity and quality of catchment water-yield.
The Chief Directorate: Environmental Management of the Department of Environmental Affairs and Tourism annually finances several research and monitoring programmes.
The programmes comprise subjects such as waste management and pollution, nature conservation, river management, the coastline and marine environment, and the atmosphere.
Some programmes are conducted in collaboration with the NRF, while others are undertaken on behalf of the Department by the CSIR. Universities also carry out research on behalf of the Department.
Research on human-environment interaction sponsored by the Department is coordinated by the HSRC.
In addition, institutes of the ARC are concerned with environmental research insofar as environmental problems impact on agriculture or are caused by agricultural practices.
The Department's National Environmental Potential Atlas (ENPAT) provides a visual overview of South Africa's environmental resources. The most important advantage of ENPAT is that environmental implications of land-use decisions are available before any actions are initiated. ENPAT-National contains two main data types, namely environmental and population data. The Atlas also identifies possible conflict areas in the utilisation of natural resources.
The South African Weather Service functions under the Department of Environmental Affairs and Tourism.
The Weather Service delivers public good services, mainly for the protection of life and property, as well as commercial services to the private sector as stipulated in the Weather Service Act, 2001 (Act 8 of 2001).
The public-good services are funded by government while commercial services are paid for by the user. The public-good services include weather and climate forecasting, a weather disaster warning system, services to subsistence farmers and fishers, the provision of information and advice to government, meeting regional and international treaty and agreement obligations, maintaining a national meteorological library, technical and scientific training in meteorology, and undertaking research to improve services.
The Weather Service operates the Global Atmosphere Watch (GAW) station, situated at Cape Point in the Western Cape. The GAW is an initiative of the World Meteorological Organisation and serves as an early-warning and forecasting system for changes in the background chemical composition and related physical characteristics of the atmosphere.
Atmospheric-ozone monitoring at Irene, near Pretoria, is maintained throughout the year.
The NRF directs the multidisciplinary Conservation and Management of Ecosystems and Biodiversity Focus Area, primarily in collaboration with universities and museums, to promote and support research on living resources and the terrestrial, freshwater, marine, coastal and atmospheric ecosystems.
Some 170 projects are approved annually, and global issues such as climate change and biological diversity are also included. The sustainable use of natural resources is a priority area, resulting in a growth of projects relying on sociology and the humanities. The NRF also supports a range of environmental research network organisations such as the Arid Zone Ecology Forum, the Fynbos Forum, the Indigenous Plant-Use Forum, the South African Network for Coastal and Oceanic Research (SANCOR) and the Savanna Ecology Forum.
Research into South Africa's fish resources, their conservation and judicious exploitation is carried out by research personnel of the Chief Directorate: Marine and Coastal Management, a division of the Department of Environmental Affairs and Tourism, and by several universities and NGOs. Research is designed to provide parameters for estimates of stock sizes and sustainable yields for the different fisheries.
The Chief Directorate: Marine and Coastal Management advises on the utilisation of marine living resources and the conservation of marine ecosystems, by conducting and supporting relevant multidisciplinary scientific research and monitoring the marine environment. Sustainable use and the need to preserve future options in the utilisation of marine ecosystems and their resources are guiding objectives in the research and advice of the organisation.
The NRF supports marine and coastal research in partnership with the Department of Environmental Affairs and Tourism and SANCOR.
South Africa's gold-mining industry works at deeper levels and under more difficult circumstances than any other mining industry in the world. The research on gold-mining conducted by the CSIR's Mining Technology is concerned primarily with ensuring the health and safety of the workforce, and includes the areas of rock engineering and the underground environment. Mining Technology's coal-mining research takes place on a smaller scale than that of gold-mining, because the coal-mining industry can make use of various overseas developments. Areas in which research is undertaken include strata control, mining, maximising extraction of coal, and the underground environment.
Research is also carried out by a large number of industrial companies with facilities to meet their specific needs.
The more important ones are Anglo American Corporation of South Africa (applied metallurgy, processing of precious metals, base metals and coal), Agricura (synthesis and testing of veterinary remedies, insecticides, herbicides and entomology), Cullinan Holdings (refractories and electrical porcelain), De Beers Industrial Diamond Division (manufacture and application of synthetic diamonds and other super-hard material), Johannesburg Consolidated Investment Company (metallurgy, mineralogy, chemistry and chemical engineering), National Chemical Products (chemistry, microbiology and animal nutrition), Metal Box Company of South Africa (corrosion mechanism and microbiology), Tellumat (development of electronic instruments), Rembrandt Group (development and improvement of tobacco and liquor products), South African Pulp and Paper Industries (wood technology, paper manufacture and water treatment) and Standard Telephones and Cables SA (long-distance transmission of information and lightning protection).
Water Research Commission www.gov.
Austin, B. Schonland. Johannesburg: Witwatersrand University Press, 2001.
Basson, N.
Johannesburg: Jonathan Ball, 1995.
Crouch, M. ed. Sparkling Achievements. Johannesburg: Chris van Rensburg Publications, 2001.
Kingwill, D. The CSIR: The First 40 Years. Pretoria: CSIR Docel, 1990.
Kok, P. and others. Development Research in South Africa. Pretoria: Human Sciences Research Council, 1994.
Liebenberg, L. Tracking: The Origin of Science. Cape Town: David Philip, 1990.
Macrae, C. Life Etched in Stone: Fossils of Southern Africa. Johannesburg: Geological Society of South Africa, 1999.
Prout-Jones, D. Cracking the Sky. Pretoria: UNISA, 2002.
Sasol. Sasol Facts 1998. Johannesburg: Sasol Corporate Communications, 1998.
Wilson, M.S.G. and Anhaeusser, C.R. eds. Council for Geoscience, Handbook no 16, Mineral Resources of South Africa, 1998.
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The event is part of Safety and Security Focus Month, and is meant to assist the CPF and the patrol teams to be easily identified by communities.
The initiative is also expected to enhance police visibility in the areas.
In December last year, the department also donated bicycles, reflectors and whistles to the members of Embalenhle CPF, outside Secunda during the festive season through Siyabangena project.
The department believe that with a partnership, the war against crime could be won if the society is at the forefront with necessary resources.
Members of the media are invited to attend the event.
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Following her assumption of office, Minister Xingwana examined the Department's internal audit report and the report of Gobodo Forensic Services and was shocked to find allegations of serious irregularities and possible fraud and corruption. Further, the Auditor-General as well as SCOPA identified a case of conflict of interest within the Department.
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The learners were identified by the school governing body, teachers, local community police forum and officials from the Mpumalanga Department of Safety, Security and Liaison.
With this gesture we are aiming to encourage children from not so well-off families to appreciate that there are other people who care about their wellbeing. Theirs is to concentrate on learning and grow.
"We are contributing towards enhancing the culture of learning and teaching. We understand that teaching is not only the responsibility of the teachers and the department of Education. These children are our future, hence the current administration has identified education as one of its five priorities," Shongwe said.
The donation is part of the department's Overall Friday Campaign which encourages officials to source sponsorships for needy learners in various schools. Early this year a big clothing outlet, PEP Stores partnered with the department and donated school uniform worth R15 000 to over 60 learners from disadvantaged backgrounds in Piet Retief and Breyten.
The campaign further advocates for practical assistance within the community in enhancing service delivery. It has already benefitted child-headed homes with donated food parcels from media houses, painted victim friendly facilities at the police stations and provided blankets.
More learners from Ehlanzeni and Nkangala regions will also benefit from the department's initiative.
<fn>GOV-ZA.190995000En.2012-02-10.en.txt</fn>
There are other issues which illustrates this philosofical and big difference which highlights the choice, the real choice of the future, that you as young people have in South Africa.
Crime, the maintenance of Law and Order in the hole issue of discipline. Both the National Party and the ANC takes a strong stand against crime. Against different aliance, against political violence. Together we understand the deep concerns of the public in South Africa and we are working together in the Government of National Unity on a special Safety and Security action plan. But that is where it stops, because if you look deeper there are fundamental differences between the National Party and the ANC in their respective approaches towards the issue of authority of discipline. One example, the National Party in favour of the death penalty for serious crimes like murder where there is aggravated circumstances. The ANC spoke against it.
The ANC cannot claim the same. Their handling of the Shell House incident, the legislation on the Truth Commission, and the whole issue on indemnity clearly shows that prejudices and self interest is rearing its ugly head in the thinking and these of the ANC.
Regstellende aksie, The National Party also strongly supports reasonable and affordable steps towards making for instance the civil service more representative of the nation.
We say it is right that if anybody has been disadvantage by discrimination in the past by special steps should be taken to help that section of our community to overcome that disadvantage. And therefore, special opportunities should be created, and special action programs, yes, should be developed. If you go deeper then we say the ANC brand of affirmative action is quite different. We say that affirmative action should never result in reverse racial discrimination. That it should never result in the lowering of standards or that non recognition of merit of experience that of hard work and commitment on the side of anyone.
The ANC brand is different, it is already leading to severe racial discrimination in some departments where it has been implemented in an unbalance way. I want to say here today also against Black South Africans we find signs of discrimination if those Black South Africans are not openly supported of the ANC as a political movement. Services of experience and talented South Africans are being lost at a alarming rate. Therefore, it is important that the National Party's hands be strenthen to imprint upon decision making now and in the future. Our true brand of market orientated economic policy. Our true brand of proper effective but balance affirmative action. Our true brand of economic policy which stand and will lead to economic growth.
We say that the RDP is basically about empowerment. Empowerment is a way to bring a better life to all South Africans. The ANC according to my analises is still corp up in the concept of invitalment.
What is the difference, if we talk about the powerment we put the strong emphasis to helping people who help themselfs. We must achieve a cultural learning, we say that the emphasis should be on education and traiing not only for our youth but also for grown ups who do not have sufficient skills. We say that the emphasis should be on the retraiing of people so that they can improve their skills and their compentance. We say that we must state so called lost generation of the streets, and in parts skill to them, because at the moment they are trained for nothing, and they are almost forced to learn of crime. We say emphasis should be on job creation so that South Africans with these skills which you achieve through the emphasis of education and training can afford a house. Can buy their own food and need not be inslaved and become the decadent upon a steak acting like father Christman all the time. Because that undermines the essential dignity of all human beings to be dependant on hand outs. Here and there we hear from the ANC the same song but constantly if you analise there is the socialistic undertone?
<fn>GOV-ZA.190995006En.2012-02-10.en.txt</fn>
I am often asked the question: Would you have done anything differently Then my reply is: Yes, here and there on strategy and on exactly how one would approach a specific situation. Yes, I would have done some things differently with hindsight. But on the fundamental issues - on the question whether we should have taken the fundamental decisions which really culminated in the speech of 2 February 1990, I say: I would not have taken any decision differently at all. That was the only viable alternative. We were on the right road. We were headed for peace. We have done what was neccessary to do?
President Mandela himself regularly participates in the efforts to keep the aparthied bogey alive. His latest effort came yesterday when he blamed the high levels of crime and labour unrest on the policies of the past and particularly on wage discrimination. What are the facts No doubt wage discrimination on the basis of colour was wrong. No doubt it has had a negative effect on all people of colour and did untold damage. I am not standing here as an advocate of racism. But in 1995, to continue to single that out as the cause of all the problems with regard to crime and with regard to labour unrest just doesn't tally with the facts. The field of labour legislation was one of the first areas of fundamental reform. Already in the mid-seventies, if my memory serves me right, we introduced a new non-discriminatory labour dispensation. At that stage already the concept of equal pay for equal work was fully accepted. Labour and that which goes with it was one of the ice breakers which brought us to 2 February 1990?
The economic plight of millions of South Africans can no longer just be blamed on the policies of the past. The ANC must take its full share of the blame. They chose strategies aimed at ruining the economy, at disrupting education and at making the country ungovernable. We know today that they did not succeed in those goals. What they did, however, succeed in was to ruin the lives of many South Africans in the process.
Some people talk of a lost generation, of a million or more young black South Africans who have not been trained for anything, who are now roaming the streets and who are living off crime. But who took them out of school Who brought education, incomplete and open to criticism as it was, into the political arena and who took them away from that education and training Small wonder that Bishop Tut in a sermon on Freedom Day called on all South Africans to stop blaming apartheid for everything. They must begin to ask themselves: What can I do to change the siutation And what have I done wrong in the past month or in the past year?
The fact is: the NP has finally broken with apartheid already in 1986. Since that day and specifically since 2 February 1990, we purposefully took the necessary steps to eradicate each and every remaining element of statutory discrimination. We did so because we believed it was right to do so. Not because of sanctions, not because of pressure, but on the basis of inner conviction.
Tonight I would like to focus on a few related aspects in this regard. The NP Government under my Presidency went out of its way to have each and every allegation properly investigated. The Harms Commission, the Goldstone Commission, the Goniwe inquest and many other investigations all bear testimony to this fact. No serious allegations with regard to misdemeanors of a serious nature on the side of Government forces were pushed under the carpet. We appointed commission of enquiry and we had them properly investigated. And in the new dispensation we supported the establishment of the so-called Truth Commission right from the beginning. It is therefore a lie to suggest that the NP wants to cover up.
Of course we strongly insisted on an even-handed approach. In this regard we had reasonable success in getting that legislation into an acceptable form, where at least we can say that there is now a reasonable balance and that a good foundation has been laid for an even-handed approach. But the proof of the pudding will lie in the eating. I share the concerns expressed in quite a number of editorials during the past days about the issue of the Truth Commission - concerns that it will develop into a witchhunt and a one-sided witchhunt at that. I think there is a great risk. There are some ominous notes in what Min Omar and ANC had to say on the occasion of the signing of the Bill.
Even President Mandela, while laudably trying to emphasise the reconciliation goals of the Commission - and I commend him for that - could not resist the temptation (if he was reported correctly) to make it sound like an investigation focussed mainly on the actions of previous governments. I say that this cannot and will not be tolerated. The role of the ANC and its forces need to come under the very same spotlight in equal measure. And the same applies to the PAC, the IFP, the CP and to all other organisations. The brutal necklace murders of scores of black South Africans, the bombs killing and maiming of scores of black civilians, the abductions and the tortures, the violent intimidation dare not be swept under the carpet. For these reasons the NP welcomes President Mandela's undertaking with regard to the appointment of "persons of good standing, high respected and not of a high political profile". The NP will hold him to that and urges him to follow the route of thorough consultation aimed at consensus of those appointments. To start out with controversial appointments would be disasterous towards the main purpose of the Commission, namely to achieve reconciliation.
We must develop our human resources. The best assistance and help you can give to anybody, is to train that person, is to enable that person to improve his or her position by the achievement of skills which can be sold on the market. And therefore I believe the main focus should be education and training. That is empowerment. With economic growth, jobs being created, people being better trained, you will get that improvement in the quality of life which is so important.
<fn>GOV-ZA.190995007En.2012-02-10.en.txt</fn>
Women, as mothers, hold the key to a sound family life. And a sound family life is the key to so many things that we are striving for - successful education, the prevention of crime, stable and peaceful communities, to name but a few.
In motherhood women are unique. In ensuring healthy and happy families, women are irreplaceable. Therefore the National Party says that their interests should be carefully protected and promoted.
Women find themselves in the centre of the present debate on abortion.
The National Party's point of view in this regard is quite clear. We are strongly against abortion on demand. Strangly enough, those that advocate the right to life of murderers the loudest, often are the very same people that have the least to say regarding the life of the unborn child. Where does the State's responsibility to protect all life begin and where does it end Where does a women's right to have a say over her own body begin and where does it end?
I believe that the women of the National Party need to play a leading and constructive role in this debate and urge them to do so within the framework of responsible ethical and moral principles.
Women are also intimately involved in the battle against AIDS. The cold and unacceptable truth is that the percentage of pregnant women in our country who are HIV-positive has risen to almost 10% - and that at some of our hospitals this figue exceeds 20%. The implications of these cold statistics are such that it already poses a catastrophe for our country. If we do not immediately take hands to effectively curb aids it will indeed be a catastrophe with terrible implications for our country's health services, for our economy and for our country's future prospects - not even to mention the indescribable accompanyuing human suffering.
<fn>GOV-ZA.190lmpEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.19102010En.2012-02-10.en.txt</fn>
The objectives of the Collaboration are to generate research, provide training and develop expertise, and stimulate critical debate in the field of the Economics of Social Protection.
Issues of social protection are a vital concern in any society because they encompass protecting people against all manner of contingencies and risks; ensuring access to basic needs; and building social cohesion and solidarity. They are also of importance because they have substantial financial and economic implications for individuals, community groupings, business enterprises, and governments.
There are two predominant sub-categories of social protection - social assistance, which is non-contributory such as the social grants, and social insurance, which is financed by contributions, such as the unemployment insurance fund.
Minister Skweyiya added: "The long-term objective of the Collaboration is to produce policy analysis and implementation capacity that will contribute to the achievement of government's overall goal of fighting poverty through growing the economy and ensuring the inclusion of the historically marginalised. The Collaboration is in line with government's objectives of building State capacity and will enable public servants at all levels of government to respond effectively to the challenges of social transformation. In the long run work undertaken in the Collaboration will reduce dependence on social assistance."
Enhance the capacity of the departments to make evidence based inputs into strategic policy decision-making.
Augment existing competencies in social security policy, social welfare policy, and social policy analysis, with competencies in economics, welfare economics, and the financing of social security.
The Collaboration will be launched at 9:00 at the Law Auditorium, University of Pretoria, Hatfield.
<fn>GOV-ZA.19112009En.2012-02-10.en.txt</fn>
Enquiries: Ms T.K.
Afsonderlike koeverte moet vir elke tenderruitnodiging gebruik word.
Die naam en adres van die tenderaar moet egter slegs op die agterkant van die koevert verskyn.
Tender dokumente is ook verkrygbaar by die Satelietkantore.
Contact Person: Ms.
Fax No. : (013) 7800023 3.
Telephone number : (012) 721 3955 4.
<fn>GOV-ZA.19112010En.2012-02-10.en.txt</fn>
The ICD conducted an investigation and the suspects were arrested and charged on 19 November 2010. They appeared at the Harmmasdale Magistrates Court. The suspects were granted bail of R5000 each. The case was postponed to 14 January 2011.
<fn>GOV-ZA.191194001En.2012-02-10.en.txt</fn>
The appointments come as part of a process to prepare the Ministry for the ominous task of restructuring and rationalisation of the Public Service. Key to the appointments, is that of Mr John Erentzsen whose knowledge and understanding of the Public Service is internationally acknowledged. Mr Erentzsen's main responsibility would be to advise the Minister on labour relations. Mr Erentzsen is an internationally respected labour specialist. Until this appointment, he was closely associated with SAMWU.
John Erentzsen is an Executive Committee member of Public Services International, a member of the African Regional Advisory Committee, the Chairperson of the National Labour Relations Forum for Local Government and a Commissioner on the Judicial Services Commission.
It is hoped that the involvement of Mr Erentzsen will usher in a new era for the Public Service Labour Movement. It will instil confidence between the State and the employees organisations. Mr Nogxina brings with him experience form the World Bank. He has been involved with Institutional Reform and Capacity Building Programmes of the World Bank, Africa Division with particular reference to the Public Service.
<fn>GOV-ZA.191203En.2012-02-10.en.txt</fn>
The Commonwealth Secretariat plays a defining role in facilitating cooperation and dialogue among member countries. Those who work here help to shape the policies and strategies that promote the Secretariat and the Commonwealth's overall vision to enhance the sustainability of its 54 member states.
Since 1965, thousands of Commonwealth Nationals have worked for this intergovernmental agency. From receptionists to the Secretary General each employee has the opportunity to impact the lives of the millions of Commonwealth peoples. Our work includes promoting democracy and human rights, empowering young people, and working towards the achievement of the United Nations Millennium Development goals.
The Commonwealth is made up of 54 member countries.
Click on the links below to receive regular information on employment opportunities at the Commonwealth Secretariat.
<fn>GOV-ZA.191212En.2012-02-10.en.txt</fn>
Everyone in South Africa is encouraged, from individuals to communities, businesses and government, to take personal and collective responsibility to stop new HIV infections, to give care and support to those with HIV, and to ensure access to treatment for people in need.
<fn>GOV-ZA.191344En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.191807En.2012-02-10.en.txt</fn>
Information on how to get to Tygerberg Hospital with a map and visiting hours.
It is recommended that you phone and confirm these times for the ward that the patient is in.
It is strongly recommended that you know the ward where the patient is being kept before attempting to visit. Tygerberg is a large facility and without this information it's difficult to locate patients.
Tygerberg is located close to Parow. It can be reached by taking the Jip de Jager turn off from the N1, from where the route to the hospital is well sign posted.
Visitors parking is clearly marked and located within the hospital grounds, through the main gate. Parking is free.
<fn>GOV-ZA.191nwEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1927038En.2012-02-10.en.txt</fn>
NB: See Proc 139 in GG 15951 of 9 September 1994 concerning the extent of the assignment of the administration of this Act to certain provinces.
To provide for the better control and management of Black affairs.
NB: The long title has been repealed by s.
and (8), 23 (1), (2), (3), (5), (6), (7) (b) , (8), (9), (10) (a) , (b) , (c) , (e) and (f) and (11), 24, 26 (1), 27, 31, 33, 34, and the Second and Third Schedules of the Black Administration Act 38 of 1927 (hereafter referred to as the Act), and any proclamation made under section 25 (1) of the Act, including a proclamation validated by an Act of Parliament, and in force immediately prior to the commencement of section 5 of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991), in an area, including a former self-governing territory which has not been repealed in terms of section 87 of the Abolition of Racially Based Land Measures Act, 1991; and any regulation made under section 30 (2) of the Act or any by-law made under section 30A (1) of the Act and in force immediately prior to the commencement of section 8 of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991), in an area, including a former self-governing territory which has not been repealed in terms of section 87 of the Abolition of Racially Based Land Measures Act, 1991.
[S. 1 amended by s. 2 of Act 9 of 1929, substituted by s. 2 of Act 42 of 1956 and repealed by s. 1 (1) of Act 28 of 2005.
[Sub-s. (1) repealed by s. 1 (1) of Act 28 of 2005.
[Sub-s. (2) substituted by s. 1 (a) of Act 70 of 1974 and repealed by s. 1 (1) of Act 28 of 2005.
[Sub-s. (3) amended by s. 1 (b) of Act 70 of 1974, s. 35 (1) of Act 47 of 1997 and repealed by s. 1 (1) of Act 28 of 2005.
[Sub-s. (4) deleted by s. 1 of Act 23 of 1972.
Sub-s. (5) amended by s. 9 (1) (a) of Act 46 of 1962, repealed by s.
1986 in so far as it relates to the appointment of a tribal settlement superintendent, amended by s. 10 of Act 108 of 1991 and repealed by s. 1 (1) of Act 28 of 2005.
[Sub-s. (6) amended by s. 1 of Act 79 of 1957 and by s. 9 (1) (b) and (c) of Act 46 of 1962, repealed by s. 3 of Act 105 of 1986 in so far as it relates to the appointment of any person to act temporarily as tribal settlement superintendent for any area in which a large number of Blacks reside and such an area is situated on land which is the property of the South African Development Trust, amended by s. 10 of Act 108 of 1991 and repealed by s. 1 (1) of Act 28 of 2005.
[Sub-s. (7) amended by s. 19 (a) of Act 56 of 1949 and by s. 19 (a) of Act 54 of 1952 and repealed by s. 1 (2) of Act 28 of 2005.
bis Sub-s. (7) bis inserted by s. 19 (b) of Act 56 of 1949, amended by s.
1952 and by s. 6 (a) of Act 46 of 1959, substituted by s. 1 (a) of Act 126 of 1991 and repealed by s. 1 (2) of Act 28 of 2005.
[Sub-s. (7) ter inserted by s. 19 (b) of Act 56 of 1949 and repealed by s. 1 (2) of Act 28 of 2005.
Sub-s. (8) amended by s. 19 (c) of Act 56 of 1949, by s. 19 (c) of Act 54 of 1952, by s.
9 (1) (d) of Act 46 of 1962 and by s. 10 of Act 108 of 1991 and repealed by s. 1 (2) of Act 28 of 2005.
bis and (8) ter.
[Sub-ss. (8) bis and (8) ter inserted by s. 6 (b) of Act 46 of 1959 and deleted by s. 1 (b) of Act 126 of 1991.
[Sub-s. (9) repealed by s. 1 (1) of Act 28 of 2005.
[S. 2 amended by s. 3 of Act 9 of 1929, by s. 1 of Act 9 of 1939 and substituted by s. 2 of Act 21 of 1943.
3 [S. 3 repealed by s. 1 (1) of Act 28 of 2005.
[S. 4 repealed by s. 1 of Act 88 of 1996.
Para. (a) amended by s. 10 of Act 108 of 1991 and repealed by s.
[Para. (b) amended by s. 3 (a) of Act 42 of 1956, substituted by s. 1 (a) of Act 7 of 1973 and deleted by s. 1 of Act 68 of 1986.
[Sub-s. (1) bis inserted by s. 3 (b) of Act 42 of 1956, amended by. s. 1 (b) of Act 7 of 1973 and deleted by s. 1 of Act 68 of 1986.
[Sub-s. (1) ter inserted by s. 3 (b) of Act 42 of 1956 and deleted by s. 1 of Act 68 of 1986.
to (5) inclusive.
[Sub-ss. (2) to (5) inclusive deleted by s. 1 of Act 68 of 1986.
[S. 5 amended by s. 4 of Act 9 of 1929 and substituted by s. 20 of Act 54 of 1952.
All the powers and duties hitherto vested in or imposed upon registrars of deeds under the law relating to the registration of deeds, in so far as may relate to immovable property owned by Blacks and situate within any such area included in the Schedule to the Black Land Act, 1913 (Act 27 of 1913) or any amendment thereof, or within any such area in any tribal settlement, as may be defined by the Governor-General by proclamation in the Gazette shall, upon the issue of such proclamation, devolve upon the Chief Commissioner of the area within which such immovable property is situate and all documents relating to any such immovable property shall thereupon be transferred from any existing deeds registry to the custody of the Chief Commissioner concerned: Provided that any registrar of deeds may instead of so transferring any document filed in his registry furnish the Chief Commissioner concerned with a copy thereof certified under his hand, which copy shall thereafter be as valid for all purposes as the original document.
[Sub-s. (1) amended by s. 20 of Act 56 of 1949 and by s. 10 of Act 108 of 1991.
The Governor-General may make all such regulations as he may deem expedient for giving effect to the provisions of subsection (1), and may in such regulations prescribe the fees to be charged by the Chief Commissioners in the exercise of any function under that subsection.
[NB: S. 6 has been repealed by s. 46 (1) of the Communal Land Rights Act 11 of 2004, a provision which will be put into operation by proclamation.
The Governor-General may revoke any grant of land in a tribal settlement made on individual tenure to a Black upon quitrent conditions, and issue a substituted deed of grant in favour of the holder or of such person as may be adjudged to be entitled to be registered as the holder in conformity with the procedure prescribed in section eight : Provided that in the case of the areas comprising the Fingo and Hottentot Village situate within the urban area of Grahamstown in the Province of the Cape of Good Hope, this subsection shall be construed as if the words 'upon quitrent conditions' were omitted therefrom.
[Sub-s. (1) amended by s. 22 (a) of Act 36 of 1944 and by s. 10 of Act 108 of 1991.
Such substituted grant shall be registered in the appropriate registry, and shall be in such form and subject to such conditions as the Governor-General may by proclamation prescribe: Provided that the conditions of any such substituted grant as may be issued in respect of land in the areas comprising the said Fingo and Hottentot Village shall be as set forth in the Second Schedule to this Act.
[Sub-s. (2) amended by s. 1 of Act 42 of 1942 and by s. 22 (b) of Act 36 of 1944.
[NB: S. 7 has been repealed by s. 46 (1) of the Communal Land Rights Act 11 of 2004, a provision which will be put into operation by proclamation.
[S. 8 amended by s. 2 of Act 42 of 1942, by s. 21 of Act 54 of 1952 and by s. 10 of Act 108 of 1991 and repealed by s. 15 (1) of Act 111 of 1993.
[S. 9 substituted by s. 2 of Act 79 of 1957, amended by s. 1 of Act 63 of 1966 and by s. 2 of Act 98 of 1979 and repealed by s. 2 of Act 34 of 1986.
S. 10 amended by s. 5 of Act 9 of 1929, by s. 3 of Act 21 of 1943, by s.
1949, by s. 3 (1) of Act 79 of 1957, by s. 2 (1) of Act 70 of 1974, by s. 1 of Act 12 of 1978 and by s. 1 of Act 44 of 1981 and repealed by s. 2 of Act 34 of 1986.
10 bis.
[S. 10 bis inserted by s. 4 of Act 21 of 1943 and repealed by s. 16 (1) of Act 23 of 1963, except in so far as it may impose any liability upon any person to maintain any other person.
[Sub-s. (1) deleted by s. 2 of Act 34 of 1986.
[Sub-s. (2) substituted by s. 5 of Act 21 of 1943 and deleted by s. 2 of Act 34 of 1986.
[Para. (a) repealed by s. 1 (1) of Act 28 of 2005.
[Para. (b) substituted by s. 1 of Act 91 of 1985 and repealed by s. 13 of Act 120 of 1998.
[Sub-s. (3) added by s. 5 of Act 21 of 1943.
[S. 11A inserted by s. 1 of Act 90 of 1985, substituted by s. 1 of Act 32 of 1987 and repealed by s. 1 (1) of Act 28 of 2005.
Provided that a Black chief, headman or chief's deputy shall not under this section or any other law have power to determine any question of nullity, divorce or separation arising out of a marriage.
[Sub-s. (1) amended by s. 22 (a) of Act 56 of 1949.
[NB: Sub-s. (1) has been repealed by s. 1 (3) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, with effect from 30 December 2009; or such date as national legislation to further regulate the matters dealt with in sub-s. (1) is implemented, whichever occurs first.
The Minister may at any time revoke the authority granted to a chief, headman or chief's deputy under subsection (1). [Sub-s. (2) amended by s. 22 (a) of Act 56 of 1949.
[NB: Sub-s. (2) has been repealed by s. 1 (3) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, with effect from 30 December 2009; or such date as national legislation to further regulate the matters dealt with in sub-s. (2) is implemented, whichever occurs first.
A judgment given by such chief, headman or chief's deputy shall be executed in accordance with the procedure prescribed by regulation under subsection (6).
[NB: Sub-s. (3) has been repealed by s. 1 (3) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, with effect from 30 December 2009; or such date as national legislation to further regulate the matters dealt with in sub-s. (3) is implemented, whichever occurs first.
Any party to a suit in which a Black chief, headman or chief's deputy has given judgment may appeal therefrom to any magistrate's court which would have had jurisdiction had the proceedings in the first instance been instituted in a magistrate's court, and if the appellant has noted his appeal in the manner and within the period prescribed by regulation under subsection (6), the execution of the judgment shall be suspended until the appeal has been decided (if it was prosecuted at the time and in the manner so prescribed) or until the expiration of the last-mentioned period if the appeal was not prosecuted within that period, or until the appeal has been withdrawn or has lapsed: Provided that no such appeal shall lie in any case where the claim or the value of the matter in dispute is less than R10, unless the court to which the appellant proposes to appeal, has certified after summary enquiry that the issue involves an important principle of law.
[Sub-s. (4) amended by s. 22 (b) of Act 56 of 1949 and by s. 22 of Act 54 of 1952 and substituted by s. 2 of Act 34 of 1986.
NB: Sub-s. (4) has been amended by s. 74 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Sub-s. (4) has subsequently been repealed by s. 1 (3) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, with effect from 30 December 2009; or such date as national legislation to further regulate the matters dealt with in sub-s. (4) is implemented, whichever occurs first.
[Sub-s. (5) deleted by s. 2 of Act 34 of 1986.
The Minister may make the regulations mentioned in subsections (3) and (4), and generally regulations prescribing the procedure which shall be followed in any action taken under this section.
[NB: Sub-s. (6) has been repealed by s. 1 (3) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, with effect from 30 December 2009; or such date as national legislation to further regulate the matters dealt with in sub-s. (6) is implemented, whichever occurs first.
[S. 12 amended by s. 6 of Act 9 of 1929 and by s. 6 of Act 21 of 1943 and substituted by s. 23 of Act 36 of 1944.
[S. 13 amended by s. 23 of Act 56 of 1949 and repealed by s. 2 of Act 34 of 1986.
[S. 14 substituted by s. 7 of Act 21 of 1943 and repealed by s. 2 of Act 34 of 1986.
15 to 19 inclusive.
[Ss. 15 to 19 inclusive repealed by s. 2 of Act 34 of 1986.
[Para. (a) amended by s. 4 (1) of Act 108 of 1991.
at the request of any chief upon whom jurisdiction has been conferred in terms of paragraph (a) , by writing under his hand confer upon a deputy of such chief jurisdiction to try and punish any Black who has committed, in the area under the control of such chief, any offence which may be tried by such chief.
The procedure at any trial by a chief, headman or chief's deputy under this section, the punishment, the manner of execution of any sentence imposed and subject to the provisions of paragraph (b) of subsection (1) of section nine of the Black Authorities Act, 1951 (Act 68 of 1951), the appropriation of fines shall, save in so far as the Minister may prescribe otherwise by regulation made under subsection (9), be in accordance with Black law and custom: Provided that in the exercise of the jurisdiction conferred upon him or her under subsection (1) a chief, headman or chief's deputy may not inflict any punishment involving death, mutilation, grievous bodily harm or imprisonment or impose a fine in excess of R100 or two head of large stock or ten head of small stock or impose corporal punishment.
[Sub-s. (2) amended by s. 2 of Act 33 of 1997.
Any jurisdiction conferred upon a chief, headman or chief's deputy under any provision of this Act before the date of commencement of the Black Administration Amendment Act, 1955, and which at that date has not been revoked under any such provision, shall be deemed to have been conferred under and subject to the provisions of this section.
The Minister may at any time revoke the jurisdiction conferred upon a chief, headman or chief's deputy under any provision of this Act before or after the commencement of the Black Administration Amendment Act, 1955.
[NB: Sub-s. (4) has been repealed by s. 1 (3) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, with effect from 30 December 2009; or such date as national legislation to further regulate the matters dealt with in sub-s. (4) is implemented, whichever occurs first.
If a Black chief, headman or chief's deputy fails to recover from a person any fine imposed upon him in terms of subsection (2), or any portion of such fine, he may arrest such person or cause him to be arrested by his messengers, and shall within 48 hours after his arrest bring or cause him to be brought before the magistrates' court which has jurisdiction in the district in which the trial took place.
A magistrate before whom any person is brought under paragraph (a) may, upon being satisfied that the fine was duly and lawfully imposed and is still unpaid either wholly or in part, order such person to pay the fine or the unpaid portion thereof forthwith and, if such person fails to comply forthwith with such order, sentence him to imprisonment for a period not exceeding three months.
The magistrate shall issue in respect of any person sentenced to imprisonment in terms of this subsection a warrant for his detention in a prison. [Sub-s. (5) substituted by s. 2 of Act 34 of 1986.
[NB: Sub-s. (5) has been repealed by s. 1 (3) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, with effect from 30 December 2009; or such date as national legislation to further regulate the matters dealt with in sub-s. (5) is implemented, whichever occurs first.
Any person who has been convicted by a Black chief, headman or chief's deputy under this section may in the manner and within the period prescribed by regulation made under subsection (9), appeal against his conviction and against any sentence which may have been imposed upon him, to the magistrate's court which has jurisdiction in the district in which the trial in question took place.
[Sub-s. (6) substituted by s. 2 of Act 34 of 1986.
and (8) [Sub-ss. (7) and (8) deleted by s. 2 of Act 34 of 1986.
prescribing the procedure to be followed in any action taken under this section.
[NB: Sub-s. (9) has been repealed by s. 1 (3) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, with effect from 30 December 2009; or such date as national legislation to further regulate the matters dealt with in sub-s. (9) is implemented, whichever occurs first.
[S. 20 amended by s. 6 (1) of Act 9 of 1929, by s. 8 of Act 21 of 1943 and by s. 24 of Act 56 of 1949 and substituted by s. 23 of Act 54 of 1952 and by s. 1 of Act 13 of 1955.
[S. 21 amended by s. 25 of Act 56 of 1949, substituted by s. 24 of Act 54 of 1952 and repealed by s. 2 of Act 34 of 1986.
[S. 21A inserted by s. 1 of Act 94 of 1980 and repealed by s. 1 (1) of Act 28 of 2005.
[Sub-s. (1) substituted by s. 1 (a) of Act 3 of 1988 and repealed by s. 13 of Act 120 of 1998.
[Sub-s. (2) substituted by s. 1 (b) of Act 3 of 1988 and repealed by s. 13 of Act 120 of 1998.
[Sub-s. (3) substituted by s. 1 (c) of Act 3 of 1988 and repealed by s. 13 of Act 120 of 1998.
[Sub-s. (4) repealed by s. 13 of Act 120 of 1998.
[Sub-s. (5) substituted by s. 1 (d) of Act 3 of 1988 and repealed by s. 13 of Act 120 of 1998.
[Sub-s. (6) deleted by s. 1 (e) of Act 3 of 1988.
[Sub-s. (7) substituted by s. 1 (f) of Act 3 of 1988 and repealed by s. 1 (4) of Act 28 of 2005.
[Sub-s. (8) repealed by s. 1 (4) of Act 28 of 2005.
[Date of commencement of section 22: 1 January 1929.
22 bis.
[S. 22 bis inserted by s. 10 of Act 46 of 1962 and repealed by s. 13 of Act 120 of 1998.
22 ter.
[S. 22 ter inserted by s. 2 of Act 23 of 1972 and repealed by s. 2 of Act 91 of 1985.
[Sub-s. (2) amended by s. 10 of Act 108 of 1991 and repealed by s. 1 (1) of Act 28 of 2005.
[Sub-s. (3) amended by s. 7 (a) of Act 9 of 1929 and repealed by s. 1 (1) of Act 28 of 2005.
[Sub-s. (4) deleted by s. 2 of Act 34 of 1986.
[Sub-s. (5) amended by s. 7 (b) of Act 9 of 1929, substituted by s. 2 of Act 34 of 1986 and repealed by s. 1 (1) of Act 28 of 2005.
[Sub-s. (6) amended by s. 7 (c) of Act 9 of 1929 and repealed by s. 1 (1) of Act 28 of 2005.
[Para. (a) substituted by s. 7 (d) of Act 9 of 1929 and deleted by s. 3 of Act 47 of 2002.
Para. (b) substituted by s. 7 (d) of Act 9 of 1929 and repealed by s.
2005.] [Sub-s. (7) amended by s. 7 (d) of Act 9 of 1929.
[Sub-s. (8) repealed by s. 1 (1) of Act 28 of 2005.
[Sub-s. (9) substituted by s. 7 (e) of Act 9 of 1929 and repealed by s. 1 (1) of Act 28 of 2005.
to (c) inclusive [Paras. (a) to (c) repealed by s. 1 (1) of Act 28 of 2005.
[Para. (d) deleted by s. 2 of Act 34 of 1986.
and (f) [Paras. (e) and (f) repealed by s. 1 (1) of Act 28 of 2005.
[Sub-s. (11) repealed by s. 1 (1) of Act 28 of 2005.
[Date of commencement of section 23: 1 January 1929.
[S. 24 amended by s. 2 of Act 4 of 1976, substituted by s. 1 of Act 3 of 1980 and repealed by s. 1 (5) of Act 28 of 2005.
25 amended by s. 1 of Act 83 of 1984 and repealed by s. 5 (1) of Act 108 of 1991.
[Sub-s. (2) deleted by s. 6 of Act 108 of 1991.
[S. 26 substituted by s. 3 of Act 4 of 1976.
27 amended by s. 2 (a) and (b) of Act 9 of 1939, s. 3 of Act 42 of 1942, s. 26 of Act 56 of 1949, s. 25 of Act 54 of 1952, s. 2 of Act 94 of 1980, s. 10 of Act 108 of 1991 and repealed by s. 1 (1) of Act 28 of 2005.
[S. 28 repealed by s. 17 of Act 67 of 1952.
29 amended by s. 4 of Act 79 of 1957, by s. 3 of Act 70 of 1974 and by s. 7 of Act 108 of 1991 and repealed by s. 7 of Act 206 of 1993.
[S. 30 substituted by s. 9 of Act 21 of 1943 and by s. 2 (1) of Act 83 of 1984, amended by s. 2 of Act 57 of 1986, by s. 1 of Act 53 of 1988 and by s. 7 (1) (b) of Act 71 of 1991 and repealed by s. 8 (1) of Act 108 of 1991.
[S. 30A inserted by s. 3 of Act 57 of 1986 and repealed by s. 8 (1) of Act 108 of 1991.
S. 31 amended by s. 8 of Act 9 of 1929, by s. 17 of Act 67 of 1952 and repealed by s.
of Act 28 of 2005.
Any proclamation, rule or regulation made under the authority of this Act may prescribe penalties for a contravention thereof, or default in complying therewith.
In the absence of any specific penalty for any offence under this Act or any proclamation, rule or regulation made thereunder, the court convicting any person of such offence may impose upon him a fine not exceeding twenty-five pounds, or in default of payment imprisonment for a period not exceeding three months.
Different provisions may be made by proclamation, rule or regulation in respect of different localities.
[NB: S. 32 has been repealed by s. 1 (7) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, subject to the repeal of sections 1, 2 (1), (2), (3), (5), (6), (7), (7) bis , (7) ter , (8) and (9), 3, 5 (1) (a) , 11 (3) (a) , 11A, 12 (1), (2), (3), (4) and (6), 20 (1), (2), (3), (4), (5), (6) and (9), 21A, 22 (7) and (8), 23 (1), (2), (3), (5), (6), (7) (b) , (8), (9), (10) (a) , (b) , (c) , (e) and (f) and (11), 24, 26 (1), 27, 31, 33, 34, and the Second and Third Schedules of the Black Administration Act 38 of 1927 (hereafter referred to as the Act), and any proclamation made under section 25 (1) of the Act, including a proclamation validated by an Act of Parliament, and in force immediately prior to the commencement of section 5 of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991), in an area, including a former selfgoverning territory which has not been repealed in terms of section 87 of the Abolition of Racially Based Land Measures Act, 1991; and any regulation made under section 30 (2) of the Act or any by-law made under section 30A (1) of the Act and in force immediately prior to the commencement of section 8 of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991), in an area, including a former self-governing territory which has not been repealed in terms of section 87 of the Abolition of Racially Based Land Measures Act, 1991.
[S. 32A inserted by s. 2 of Act 63 of 1966 and repealed by s. 2 (1) of Act 40 of 2002.
[S. 33 repealed by s. 1 (1) of Act 28 of 2005.
[S. 34 amended by s. 4 of Act 42 of 1942 and repealed by s. 1 (1) of Act 28 of 2005.
'Black' shall include any person who is a member of any aboriginal race or tribe of Africa; [Definition of 'Black' amended by s. 3 (b) of Act 9 of 1939, substituted by s. 4 of Act 70 of 1974 and amended by s. 2 of Act 3 of 1980 and by s. 9 (a) of Act 108 of 1991.
[Definition of 'chief' inserted by s. 4 of Act 42 of 1956.
[Definition of 'Chief Commissioner' inserted by s. 10 of Act 21 of 1943.
[Definition of 'Commissioner' amended by s. 9 (c) of Act 9 of 1929.
[Definition of 'customary union' substituted by s. 9 (a) of Act 9 of 1929.
[Definition of 'location' deleted by s. 9 (b) of Act 108 of 1991.
[Definition of 'marriage' inserted by s. 9 (b) of Act 9 of 1929.
[Definition of 'mine' inserted by s. 3 (a) of Act 9 of 1939.
[Definition of 'Minister' substituted by s. 4 of Act 89 of 1993.
'pass area'.
[Definition of 'pass area' deleted by s. 17 of Act 67 of 1952.
'tribal settlement' means any area where persons reside according to indigenous law; [Definition of 'tribal settlement' inserted by s. 9 (c) of Act 108 of 1991.
'works' bears the meaning assigned to the expression by section two of the Black Labour Regulation Act, 1911 (Act 15 of 1911), as amended by section thirty-three of the Black Laws Amendment Act, 1937 (Act 46 of 1937).
[Definition of 'works' added by s. 3 (c) of Act 9 of 1939.
[NB: S. 35 has been repealed by s. 1 (7) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, subject to the repeal of sections 1, 2 (1), (2), (3), (5), (6), (7), (7) bis , (7) ter , (8) and (9), 3, 5 (1) (a) , 11 (3) (a) , 11A, 12 (1), (2), (3), (4) and (6), 20 (1), (2), (3), (4), (5), (6) and (9), 21A, 22 (7) and (8), 23 (1), (2), (3), (5), (6), (7) (b) , (8), (9), (10) (a) , (b) , (c) , (e) and (f) and (11), 24, 26 (1), 27, 31, 33, 34, and the Second and Third Schedules of the Black Administration Act 38 of 1927 (hereafter referred to as the Act), and any proclamation made under section 25 (1) of the Act, including a proclamation validated by an Act of Parliament, and in force immediately prior to the commencement of section 5 of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991), in an area, including a former selfgoverning territory which has not been repealed in terms of section 87 of the Abolition of Racially Based Land Measures Act, 1991; and any regulation made under section 30 (2) of the Act or any by-law made under section 30A (1) of the Act and in force immediately prior to the commencement of section 8 of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991), in an area, including a former self-governing territory which has not been repealed in terms of section 87 of the Abolition of Racially Based Land Measures Act, 1991.
The laws mentioned in the Schedule to this Act, and so much of any other law as may be repugnant to or inconsistent with the provisions of this Act, are hereby repealed. [Date of commencement: 1 January 1929.
[NB: S. 36 has been repealed by s. 1 (7) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, subject to the repeal of sections 1, 2 (1), (2), (3), (5), (6), (7), (7) bis , (7) ter , (8) and (9), 3, 5 (1) (a) , 11 (3) (a) , 11A, 12 (1), (2), (3), (4) and (6), 20 (1), (2), (3), (4), (5), (6) and (9), 21A, 22 (7) and (8), 23 (1), (2), (3), (5), (6), (7) (b) , (8), (9), (10) (a) , (b) , (c) , (e) and (f) and (11), 24, 26 (1), 27, 31, 33, 34, and the Second and Third Schedules of the Black Administration Act 38 of 1927 (hereafter referred to as the Act), and any proclamation made under section 25 (1) of the Act, including a proclamation validated by an Act of Parliament, and in force immediately prior to the commencement of section 5 of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991), in an area, including a former selfgoverning territory which has not been repealed in terms of section 87 of the Abolition of Racially Based Land Measures Act, 1991; and any regulation made under section 30 (2) of the Act or any by-law made under section 30A (1) of the Act and in force immediately prior to the commencement of section 8 of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991), in an area, including a former self-governing territory which has not been repealed in terms of section 87 of the Abolition of Racially Based Land Measures Act, 1991.
This Act may be cited as the Black Administration Act, 1927, and shall commence upon a date to be fixed by the Governor-General by proclamation in the Gazette : Provided that in such proclamation the Governor-General may exclude from application any specified part or provision of this Act, which shall thereupon not apply until brought into operation by a further proclamation in the Gazette.
[NB: S. 37 has been repealed by s. 1 (7) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, subject to the repeal of sections 1, 2 (1), (2), (3), (5), (6), (7), (7) bis , (7) ter , (8) and (9), 3, 5 (1) (a) , 11 (3) (a) , 11A, 12 (1), (2), (3), (4) and (6), 20 (1), (2), (3), (4), (5), (6) and (9), 21A, 22 (7) and (8), 23 (1), (2), (3), (5), (6), (7) (b) , (8), (9), (10) (a) , (b) , (c) , (e) and (f) and (11), 24, 26 (1), 27, 31, 33, 34, and the Second and Third Schedules of the Black Administration Act 38 of 1927 (hereafter referred to as the Act), and any proclamation made under section 25 (1) of the Act, including a proclamation validated by an Act of Parliament, and in force immediately prior to the commencement of section 5 of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991), in an area, including a former selfgoverning territory which has not been repealed in terms of section 87 of the Abolition of Racially Based Land Measures Act, 1991; and any regulation made under section 30 (2) of the Act or any by-law made under section 30A (1) of the Act and in force immediately prior to the commencement of section 8 of the Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991), in an area, including a former self-governing territory which has not been repealed in terms of section 87 of the Abolition of Racially Based Land Measures Act, 1991.
NB: The First Schedule has been repealed by s.
Province or Union No.
Cape of Good Hope Act 17 of 1864 The Certificate of Citizenship The whole.
Act 18 of 1864 The Black Successions Act, 1864 The whole.
British Kaffraria Ordinance The Black Successions Ordinance The whole.
Act 37 of 1884 The Black Locations Act, 1884 So much as is unrepealed.
Act 39 of 1887 The Black Registered Voters In so far as it in conflict Relief Act, 1887 with the provisions of this Act.
Act 25 of 1894 The Glen Grey Act, 1894 Sections nineteen to twenty-five inclusive.
Act 14 of 1905 The Glen Grey Amendment Act, Sections one and two.
Natal Law 28 of 1865 For relieving certain persons The whole.
1875 excepting section fourteen.
Administration Law, 1875 excepting section seven.
Law 19 of 1891 To legalize the Code of Black Law Section two.
Act 7 of 1895 To enable certain Blacks to The whole.
and IV, and section seventy-one.
Act 47 of 1901 To amend the Courts Act, 1898 Section seven.
Transvaal Law 4 of 1885 To provide for the better So much as is administration of justice among unrepealed.
Law 3 of 1898 Relative to the contracts of Black The whole.
Law 7 of 1899 Regulating the competency of The whole.
Proclamation 35 of 1901 Coloured Persons Exemption or The whole.
Proclamation, 1902 seventy-one.
Ordinance 3 of 1902 The Black Commissioners The whole.
The Black Relief Ordinance, 1902 The whole.
The Administration of Estates Act, 1913 The whole.
Paragraph (d) of subsection (1) of section three.
The Black Chiefs' Jurisdiction (Transvaal and British Bechuanaland) Act, 1924 one hundred and eight in so far as it relates to Black cases.
The whole, except section two.
[Second Schedule inserted by s. 24 of Act 36 of 1944, amended by s. 1 of Act 56 of 1968 and repealed by s. 1 (1) of Act 28 of 2005.
[Third Schedule added by s. 2 of Act 13 of 1955 and amended by s. 36 (1) of Act 12 of 2004.
[NB: The Third Schedule has been repealed by s. 1 (3) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act 28 of 2005, with effect from 30 December 2009; or such date as national legislation to further regulate the matters dealt with in the Third Schedule of the Act is implemented, whichever occurs first.
Offences which may not be tried by a chief, headman or chief's deputy under subsection (1) of section twenty : Treason.
Crimen laesae majestatis.
Assault with intent to do grievous bodily harm.
Assault with intent to commit murder, rape or robbery.
Offences under any law relating to stock theft.
Any offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004.
Breaking or entering any premises with intent to commit an offence either at common law or in contravention of any statute.
Receiving any stolen property knowing that it has been stolen.
Forgery or uttering a forged document knowing it to be forged.
Any offence under any law relating to illicit possession of or dealing in any precious metals or precious stones.
Any offence under any law relating to conveyance, possession or supply of habitforming drugs or intoxicating liquor.
Any offence relating to the coinage.
Defeating or obstructing the course of justice.
Any conspiracy, incitement or attempt to commit any of the above-mentioned offences.
Any party to a suit in which a Black chief, headman or chief's deputy has given judgment may appeal therefrom to any civil court of a district which would have had jurisdiction had the proceedings in the first instance been instituted in a civil court of a district, and if the appellant has noted his appeal in the manner and within the period prescribed by regulation under subsection (6), the execution of the judgment shall be suspended until the appeal has been decided (if it was prosecuted at the time and in the manner so prescribed) or until the expiration of the last-mentioned period if the appeal was not prosecuted within that period, or until the appeal has been withdrawn or has lapsed: Provided that no such appeal shall lie in any case where the claim or the value of the matter in dispute is less than R10, unless the court to which the appellant proposes to appeal, has certified after summary enquiry that the issue involves an important principle of law.
To amend the Black Administration Act, 1927.
1 to 3 inclusive Amend respectively the following sections of the Black Administration Act 38 of 1927 : 2, 27, 35.
This Act shall be called the Black Administration (Amendment) Act, 1939.
To amend the laws relating to Black administration.
1 Amends section 7 of the Black Administration Act 38 of 1927.
[S. 2 repealed by s. 15 (1) of Act 111 of 1993.
3 and 4 Amend respectively sections 27 and 34 of the Black Administration Act 38 of 1927.
Amends section 10 of the Black Administration Act, 1927, Amendment Act 9 of 1929.
This Act shall be called the Black Administration Amendment Act, 1942.
To amend the Black Administration Act, 1927, and Law 46 of 1887 of Natal. 1 Definition In this Act the expression 'the principal Act' means the Black Administration Act, 1927 (Act 38 of 1927), as amended. 2 Substitutes section 2 of the Black Administration Act 38 of 1927 . 3 Amends section 10 of the Black Administration Act 38 of 1927.
4 Inserts section 10 bis in the Black Administration Act 38 of 1927 . 5 and 6 Amend respectively sections 11 and 12 of the Black Administration Act 38 of 1927.
7 Substitutes section 14 of the Black Administration Act 38 of 1927 . 8 Amends section 20 of the Black Administration Act 38 of 1927 . 9 Substitutes section 30 of the Black Administration Act 38 of 1927 . 10 Amends section 35 of the Black Administration Act 38 of 1927.
Any action taken under any provision of the principal Act which has been superseded by a provision contained in this Act shall be deemed to have been taken under the lastmentioned provision, if it would have been validly taken had the last-mentioned provision been in force at the time when the action in question was taken.
[S. 12 repealed by s. 39 (1) of Act 25 of 1961.
This Act shall be called the Black Administration (Amendment) Act, 1943.
1 Substitutes section 20 of the Black Administration Act 38 of 1927.
2 Adds the Third Schedule to the Black Administration Act 38 of 1927.
This Act shall be called the Black Administration Amendment Act, 1955.
To amend Act 11 of 1896 of Natal and the Black Administration Act, 1927.
1 Amends section 4 of Act 11 of 1896 of Natal.
2 Substitutes section 1 of the Black Administration Act 38 of 1927.
This Act shall be called the Black Administration Amendment Act, 1956.
To amend the Black Administration Act, 1927, so as to exclude certain persons from the jurisdiction of a Commissioner's Court; and to provide for matters connected therewith.
1 Amends section 10 (1) of the Black Administration Act 38 of 1927 by adding paragraph (f) to the proviso.
This Act shall be called the Black Administration Amendment Act 1981.
© 2005 Juta and Company, Ltd.
<fn>GOV-ZA.19289En.2012-02-10.en.txt</fn>
NO. 59 OF 1998: CULTURE PROMOTION AMENDMENT ACT, 1998. GENERAL EXPLANATORY NOTE: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.
To amend the Culture Promotion Act, 1983, so as to further regulate the powers of the Minister of Arts, Culture, Science and Technology; and to provide for matters connected therewith.
(English text signed by the Acting President.
(Assented to 16 September 1998.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: Amendment of section 2 of Act 35 of 1983, as amended by Proclamation No. R.
36 of 1995 1.
provide such other services as are necessary or expedient, or subsidise or finance the provision of services by any person.
"(b) in order to foster educational and develop and promote cultural relations with other countries-".
Substitution of long title of Act 35 of 1983 2.
To provide for the preservation, development, fostering and extension of culture in the Republic by planning, organizing, co-ordinating and providing facilities for the utilization of leisure and for non-formal education; for the fostering of educational and development and promotion of cultural relations with other countries; and for the establishment of regional councils for cultural affairs; to confer certain powers upon Ministers in order to achieve those objects; and to provide for matters connected therewith.
This Act shall be called the Culture Promotion Amendment Act, 1998.
<fn>GOV-ZA.19290En.2012-02-10.en.txt</fn>
It is hereby notified that the Acting President has assented to the following Act which is hereby published for general information:- NO. 60 OF 1998: COMPANIES SECOND AMENDMENT ACT, 1998.
To amend the Companies Act, 1973, so as to make provision for uncertificated securities; and to provide for matters connected therewith. (English text signed by the Acting President.) (Assented to 16 September 1998.) BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: Insertion of section 91A in Act 61 of 1973 1.
'central securities depository' means a central securities depository as defined in section 1 of the Custody and Administration of Securities Act, 1992 (Act No.
'participant' means a depositary institution accepted by a central securities depository as a participant in terms of the Custody and Administration of Securities Act, 1992 (Act No.
'uncertificated securities' means securities as defined in section 1 of the Stock Exchanges Control Act, 1985 (Act No. 1 of 1985), which are by virtue of this section transferable without a written instrument and are not evidenced by a certificate.
This section shall apply to uncertificated securities, notwithstanding any provision to the contrary contained in this Act or in any other law, the common law, an agreement or any articles.
Where any provision of this Act is not expressly or impliedly amended by this section, this Act shall apply in respect of uncertificated securities in the same manner as it applies to securities in certificated form.
A company shall enter in its register of members, in respect of every class of securities, the total number of securities held in uncertificated form.
A participant shall be responsible for entering the information referred to in sections 105 and 133 in a subregister and for ensuring the correctness of all transfers of uncertificated securities effected by the participant.
A participant shall, at the request of a company and against payment of such fee as may be prescribed by the Minister from time to time, furnish that company with such details of uncertificated securities in the company as are reflected in the subregister maintained by the participant.
A person who wishes to inspect a subregister may do so only through the relevant company in terms of section 113.
A company shall, within seven days of the date of a request for inspection, be required to produce a subregister which reflects at least the details referred to in paragraph (c) at the close of business on the day on which the request for inspection was made.
Every person for whom a participant holds uncertificated securities shall receive a regular statement from such participant setting out the number and identity of the uncertificated securities held on such person's behalf.
The cost and frequency of each statement shall be determined by regulation but shall not be borne by the person for whom the uncertificated securities are held.
Transfer of ownership in an uncertificated security shall be effected upon the debiting and crediting, respectively, of both the account in the subregister from which the transfer is effected and the account in the subregister to which transfer is to be made, in accordance with the rules of a central securities depository.
A transferee shall, upon the entry of his, her or its name in a subregister, become a member of and be recognised as a member by the company in respect of the uncertificated securities registered in his, her or its name.
Transfer of ownership and membership in accordance with paragraphs (a) and (b) shall occur notwithstanding any fraud or illegality which may affect the uncertificated securities in respect of which the transfer was effected or which may have resulted in the transfer being effected: Provided that a transferee who was a party to or had notice of the fraud or illegality may not rely on this paragraph.
Section 133 shall not apply to the transfer of ownership of uncertificated securities and also not to the acquisition of membership of a company as a result of such transfer.
A company shall be liable to a participant for such fee as may be prescribed by the Minister from time to time in respect of the transfer of ownership of uncertificated securities in the company.
Only a participant may effect the transfer of uncertificated securities in a subregister maintained by it.
A participant shall transfer uncertificated securities in a subregister administered and maintained by it, only on receipt of an instruction to transfer sent and properly authenticated in terms of the rules of a central securities depository or by order of court.
Nothing in this section shall prejudice any power of a participant to effect transfer to a person to whom the right to any uncertificated securities of a company has been transmitted by operation of law or agreement.
Section 114 shall not apply to a subregister.
Subject to paragraph (b), a company shall not issue certificates evidencing, or purporting to evidence, title to uncertificated securities of the company, and sections 96 and 140 shall not apply to uncertificated securities.
transfer of ownership or acquisition of membership in respect of the securities so withdrawn shall not be capable of being effected through a central securities depository while they remain in certificated form.
the number of uncertificated securities is increased, reduced, or remains unaltered; or the description of any uncertificated security is changed, shall be liable to any person who has suffered any direct loss or damage arising out of such action.
A person who gives an instruction to transfer uncertificated securities shall warrant the legality and correctness of any such instruction.
The person referred to in paragraph (a), shall indemnify the company and the participant effecting the transfer against any claim and against any direct loss or damage suffered by them arising out of such a transfer by virtue of an instruction referred to in paragraph (a).
A participant who transfers uncertificated securities other than pursuant to an instruction to transfer that was sent and properly authenticated in terms of the rules of a central securities depository, shall indemnify the company against any claim made upon it and against any direct loss or damage suffered by it arising out of such transfer and such participant shall, in addition, indemnify any person who suffers any direct loss or damage arising out of such transfer, against such loss or damage.
Subject to subparagraph (b), when any new offer of securities is made by a company, the offeree may elect whether all or any part of the securities offered to him, her or it must be issued in certificated or uncertificated form.
A company shall only issue or allot uncertificated securities to a person who is already a client of a participant or for whom a participant has agreed to act.
The Minister may make regulations regarding matters which are supplementary and ancillary to the provisions of this section and which are not inconsistent with another provision of this Act.
who takes any unlawful action contemplated in subsection (8); or who, without proper authority, accesses any computer system or record maintained by a participant or a central securities depository, shall be guilty of an offence and liable on conviction to a fine not exceeding R500 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
This Act is called the Companies Second Amendment Act, 1998.
<fn>GOV-ZA.192mpEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.19319En.2012-02-10.en.txt</fn>
(Assented to 30 September 1998.
To amend the Special Pensions Act, 1996, so as to extend the right to a pension to persons who suffer from terminal diseases; to advance the payment of benefits to the date on which a pensioner attains the age of 35 years; to validate certain applications; to further regulate the payment of benefits to pensioners holding office in a legislature; to do away with optional early pensions; to further regulate the appointment of members of the Special Pensions Board; to further regulate the dissolution of the Board; to further regulate the composition of the Special Pensions Review Board; to further regulate the Minister's powers to make regulations; and to amend certain definitions; and to provide for matters connected therewith.
Amendment of section 1 of Act 69 of 1996 1.
(1), and submits proof to the satisfaction of the Board that he or she suffers from a terminal disease.
is entitled to receive a pension, payable monthly, commencing on the first day of the month during which that person attains the age of 60 35 years.
Amendment of section 6 of Act 69 of 1996 2.
on or before the closing date complete and submit to the Board a form with the heading 'BIOGRAPHICAL PROFILE OF MEMBERS OF EX-BANNED POLITICAL ORGANISATIONS' which was issued by the Department of Finance.
Amendment of section 9 of Act 69 of 1996 3.
Section 9 of the principal Act is hereby amended by the deletion of subsection (7).
Section 11 of the principal Act is hereby repealed.
Repeal of section 11 of Act 69 of 1996 Amendment of section 16 of Act 69 of 1996 5.
appoint appropriate persons to be either full-time or part-time members of the Board, and must fill any vacancies on the Board as they arise by appointing from the persons so nominated appropriate persons.
Amendment of section 27 of Act 69 of 1996 6.
"(1) The Minister may dissolve the Board at any time after the Board has completed its activities, but not later than 2 four years after the commencement date.".
Amendment of section 2X of Act 69 of 1996 7.
"(1) There is hereby established a Special Pensions Review Board consisting of a judge of the Supreme Court person with appropriate legal experience as its Chairperson and two other members, one of whom must be an actuary.".
Amendment of section 29 of Act 69 of 1996 8.
"(aA) prescribing alternative measures which may be followed if it is impossible for an applicant to provide a certified copy as contemplated in Schedule 2 to accompany his or her application; or".
Amendment of section 31 of Act 69 of 1996 9.
Substitution of Schedule 3 to Act 69 of 1996 10.
35 but younger than 45 50 6 000 PLUS 1200 for each year of service exceeding 5 years but less than or equal to 20 years with maximum amount of 24 000 45 50 but younger than 12 000 PLUS 1 200 for each year of service exceeding 5 years but less than or equal to 20 years, with maximum amount of 30 000 65 and older 24 000 PLUS 1 200 for each year of service exceeding 5 years with maximum amount of 42 000.
Where years of service exceed 25 years, a fixed amount of 84 000.
The law referred to in the second column of the Schedule is hereby amended to the extent set out in the third column of the Schedule.
This Act is called the Special Pensions Amendment Act, 1998, and takes effect on a date determined by the President by proclamation in the Gazette.
(Section 9) No.
military service or training performed or undergone in a political organisation by any person entitled to a pension in terms of the Special Pensions Act, 1996 (Act No.
<fn>GOV-ZA.19320En.2012-02-10.en.txt</fn>
No. 1245.
Act which is hereby published for general information:- NO. 76 OF 1998: EMPLOYMENT OF EDUCATORS ACT, 1998. (English text signed by the President.) (Assented to 30 September 1998.
To provide for the employment of educators by the State, for the regulation of the conditions of service, discipline, retirement and discharge of educators and for matters connected therewith.
"Labour Relations Act" means the Labour Relations Act, 1995 (Act No.
"public school" means a public school as defined in section 1 of the South African Schools Act, 1996 (Act No.
"trade union" means any trade union which is a member of the Education Labour Relations Council.
departmental offices; and adult basic education centres.
and the Head of Department shall be the employer of educators in the service of the provincial department of education in posts on the educator establishment of that department for all purposes of employment.
For the purposes of determining the salaries and other conditions of service of educators, the Minister shall be the employer of all educators.
Minister shall be the employer of educators in the service of the said Department; an on the educator establishment of a provincial department of education, the Member of the Executive Council shall be the employer of educators in the service of that department.
A public school shall be the employer of persons in the service of the said school as contemplated in section 20(4) or (5) of the South African Schools Act, 1996 (Act No 84 of 1996).
A further education and training institution shall be the employer of persons in the service of the said institution as contemplated in section 14(2) or (3) of the Further Education and Training Act, 1998.
Notwithstanding anything to the contrary contained in any law but subject to the provisions of this section, the Labour Relations Act or any collective agreement concluded by the Education Labour Relations Council, the Minister shall determine the salaries and other conditions of service of educators.
Different salaries and conditions of service may be so determined in respect o different ranks and grades of educators, educators appointed at or outside educational institutions or educators appointed in different sectors of education.
A determination of the Minister under this section involving expenditure from the National Revenue Fund may only be made with the concurrence of the Minister o: Finance.
the educator establishment of the Department of Education shall consist of the posts created by the Minister; and the educator establishment of a provincial department of education shall consist of the posts created by the Member of the Executive Council.
The educator establishment of any public school, further education and training institution, departmental office or adult basic education centre under the control of a provincial department of education shall, subject to the norms prescribed for the provisioning of posts, consist of the posts allocated to the said school, institution, office or centre by the Head of Department from the educator establishment of that department.
the power to create a post under this section shall include the power to grade, to regrade, to designate, to redesignate, to convert or to abolish the post; and the power to allocate a post under this section shall include the power to reallocate the post.
in the service of the Department of Education shall be made by the Director-General; or in the service of a provincial department of education shall be made by the Head of Department.
Subject to the provisions of this Chapter, the Labour Relations Act or any collective agreement concluded by the Education Labour Relations Council, appointments in, and promotions or transfers to, posts on any educator establishment under this Act shall be made in accordance with such procedure and such requirements as the Minister may determine.
Any appointment, promotion or transfer to any post on the educator establishment of a public school or a further education and training institution, may only be made on the recommendation of the governing body of the public school or the council of the further education and training institution, as the case may be, and, if there are educators in the provincial department of education concerned who are in excess of the educator establishment of a public school or further education and training institution due to operational requirements, that recommendation may only be made from candidates identified by the Head of Department, who are so in excess and suitable for the post concerned.
sufficient proof exists that the recommendation of the said governing body or council, as the case may be, was based on undue influence; or the recommendation of the said governing body or council, as the case may be, did not have regard to the democratic values and principles referred to in section 7(1).
If the Head of Department declines a recommendation in terms of paragraph (b), the governing body or council concerned shall make another recommendation in accordance with paragraph (a), for consideration by the Head of Department.
In the making of any appointment or the filling of any post on any educator establishment under this Act due regard shall be had to equality, equity and the other democratic values and principles which are contemplated in section 195(1) of the Constitution of the Republic of South Africa, l 996 (Act No.
the ability of the candidate; and the need to redress the imbalances of the past in order to achieve broad representation.
in a temporary capacity for a fixed period, whether in a full-time, in a part-time or in a shared capacity; or on special contract for a fixed period or for a particular assignment, whether in a full-time or in a part-time capacity.
the Director-General or the Head of Department may transfer any educator in the service of the relevant department to any post or position in any other department of State with the prior approval of the person in that other department of State having the power to appoint or to transfer and with the consent of that educator; and the Director-General may transfer any educator in the service of the Department of Education to any other post in the Department; and the Head of Department may transfer any educator in the service of the provincial department of education to any other post in that department.
No transfer to any post on the educator establishment of a public school or a further education and training institution shall be made unless the recommendation of the governing body of the public school or the council of the further education and training institution, as the case may be, has been obtained.
The salary and other conditions of service of an educator may not be adversely affected by a transfer under this section without the consent in writing of that educator, except in accordance with the provisions of Chapter 5.
or any other body or person, for a particular service or for a stated period on such conditions, in addition to the conditions prescribed by or under any law, as may be determined by the Director-General or the Head of Department, as the case may be.
While so placed at such disposal, the educator shall remain subject to the provisions of this Act.
(a) Subject to the provisions of this section, an educator shall have the right to retire, and shall be so retired, on the day on which the educator attains the age of 65 years.
An educator who attains the said age after the first day of a month shall be deemed to have attained that age on the first day of the following month.
Notwithstanding the provisions of subsection (1), an educator who was in employment immediately before 2 September 1994 in terms of a law repealed by the Educators' Employment Act, 1994 (promulgated under Proclamation No. 138 of 1994), shall have the right to retire on or after attaining the retirement age applicable to the educator immediately before the said date.
Notwithstanding the provisions of subsection (1) or (2), an educator shall have the right to retire on or after attaining the age of 55 years.
who was in employment immediately before 1 May 1996; and who, without interruption of service, has completed a period of ten years continuous pensionable service in terms of the pension law applicable to the educator; and who has attained the age of 50 years, shall have the right to retire.
if the educator was appointed in the post in question on the grounds of a misrepresentation made by the educator relating to any condition of appointment; and if, in the case of an educator appointed on probation, the educator's appointment is not confirmed.
If an educator is discharged from service under paragraph (f) of subsection (l), that educator shall be deemed to have been discharged on account of misconduct.
(a) Whenever there are reasonable grounds for believing that an educator is incapable of carrying out the duties attached to the educator's post on account of continuous ill-health, the employer may appoint a team of examiners of at least two medical practitioners to examine the educator at the State's expense and to report on the educator's state of health.
An educator is entitled to nominate any other medical practitioner of the educator's choice and at the educator's own expense as a member of the team of examiners.
if the employee has consented in writing to the release of that information.
If an educator refuses or fails to be subjected to an examination under this section when requested to do so by the employer, the educator may be discharged from service, in which case the educator shall be deemed to have been discharged on account of misconduct.
If an educator applies for a discharge from service on account of continuous ill-health, the provisions of subsection (1) shall apply, with the necessary changes, to such application.
extend the period of probation of the educator; or after reasonable notice to the educator, discharge the educator from service upon the expiry of the period of probation or any extension thereof.
the educator is in all respects suitable for the post which the educator holds; and the educator has complied with all the conditions applicable to the educator's appointment, transfer or promotion.
An educator whose transfer or promotion on probation is not confirmed and who immediately before such transfer or promotion was an educator, other than an educator on probation, shall be transferred to the post formerly held by that educator, or to a post of equivalent grading.
Certain educators deemed to be discharged 14.
while suspended from duty, resigns or without permission of the employer assumes employment in another position; or while disciplinary steps taken against the educator have not yet been disposed of, resigns or without permission of the employer assumes employment in another position, shall, unless the employer directs otherwise, be deemed to have been discharged from service on account of misconduct, in the circumstances where paragraph (a) or (b) is applicable, with effect from the day following immediately after the last day on which the educator was present at work; or paragraph (c) or (d) is applicable, with effect from the day on which the educator resigns or assumes employment in another position, as the case may be.
If an educator who is deemed to have been discharged under paragraph (a) or (b) of subsection (l) at any time reports for duty, the employer may, on good cause shown and notwithstanding anything to the contrary contained in this Act. approve the reinstatement of the educator in the educator's former post or in any other post on such conditions relating to the period of the educator's absence from duty or otherwise as the employer may determine.
An educator may resign by giving 90 days' notice in writing or such shorter notice as the employer may approve at the request of the educator.
If the name of an educator is struck off the register of educators kept by the South African Council for Educators, the educator shall, notwithstanding anything to the contrary contained in this Act, be deemed to have resigned with effect from the day following immediately after the day on which the educator's name was so struck off.
If it is alleged that an educator is unfit for the duties attached to the educator's post or incapable of carrying out those duties efficiently, the employer may appoint in writing a person to inquire into the relevant allegations.
The person who is to conduct the inquiry shall, in consultation with the employer, determine the time and place of the inquiry, and the employer shall give the educator concerned reasonable notice in writing of the time and place so determined and furnish that educator with a statement in writing setting out the grounds on which the educator is alleged to be unfit for the duties attached to the educator's post or incapable of carrying out those duties efficiently.
to adduce evidence and arguments in support of the allegations contemplated in subsection (2); and to cross-examine any person who has given evidence in rebuttal of the said allegations.
to cross-examine any person called as a witness in support of the allegations contemplated in subsection (2); and to have access to documents produced in evidence.
The person conducting the inquiry shall keep a record of the proceedings at the inquiry and of all evidence given thereat.
inform the educator of the finding; and report to the employer on the result of the inquiry.
If the person conducting the inquiry has found that the educator concerned is unfit for the duties attached to the educator's post or incapable of carrying out those duties efficiently, that educator may, within 14 days after the day on which the educator was informed of that finding, submit to the employer representations in writing regarding the steps which may be taken under subsection (8).
take the steps contemplated in subparagraph (ii) as well as the steps contemplated in subparagraph (iii); or discharge the educator from service with effect from such date as the employer may determine.
The employer shall as soon as possible inform the educator concerned in writing of the decision taken by the employer under paragraph (a) and of that educator's right of appeal in terms of subsection (9).
An educator shall have the right to appeal to the Minister or the Member of the Executive Council, as the case may be, against the finding that the educator is unfit for the duties attached to the educator's post or incapable of carrying out those duties efficiently or against the decision of the employer, or against that finding as well as that decision, within 21 days after the day on which the educator was informed of that decision.
If the educator notes an appeal in accordance with paragraph (a), the decision of the employer shall not be implemented before the disposal of the appeal.
The Minister or the Member of the Executive Council, as the case may be, may condone any late noting of an appeal upon good cause being shown.
dismiss the appeal and confirm that decision; or uphold the appeal wholly or in part and set aside or vary that decision, or substitute for that decision such other decision as the employer, in the opinion of the Minister or the Member of the Executive Council, as the case may be, ought to have taken.
The Minister or the Member of the Executive Council shall cause the educator who noted an appeal and the employer to be informed in writing of the decision on the appeal.
without leave or a valid reason, is absent from office or duty; or with a view to obtaining any privilege or advantage in connection with the employer's official position or duties, or to causing prejudice or injury to the State or a department of education or a fellow employee, makes a false or incorrect statement knowing it to be false or incorrect.
The acquittal or the conviction of an educator by a court of law on a charge of any offence shall not preclude the taking of disciplinary steps against the educator in terms of this Act, even if the facts set out in the charge of misconduct, should they be proven, would constitute the offence set out in the charge on which the educator was so acquitted or convicted or any other offence on which the educator could have been convicted in the trial on the former charge.
the conviction has been set aside by a competent court; or it is proved that the educator was in fact erroneously convicted.
to obtain evidence in order to determine whether there are grounds for a charge of misconduct against that educator; and to report to the employer thereon.
that the educator is not obliged to make any statement; and that any statement so made may be used in evidence against the educator.
The employer may in writing charge an educator with misconduct if the employer is of the opinion that sufficient grounds for such a charge exist, whether or not an investigation contemplated in section 18 was carried out.
A charge of misconduct shall be served on the educator concerned in the prescribed manner, and shall be accompanied by a direction calling on the educator to submit within 21 days after the service of the charge a written admission or denial of the charge and, should the educator so desire, an explanation in writing regarding the misconduct with which the educator is charged.
The employer may at any time withdraw a charge of misconduct.
If the employer has been informed that an educator charged with misconduct is a member of a trade union, the employer shall in writing notify the trade union concerned of the charge and of the particulars thereof.
An educator who admits the charge shall be deemed to be guilty of the misconduct with which the educator has been charged.
Subject to the provisions of this section, the Labour Relations Act or any collective agreement concluded by the Education Labour Relations Council, the employer may at any time before or after charging an educator with misconduct suspend that educator from duty on such conditions as the employer may determine.
furnish the educator with the reasons for the intended suspension; and call upon the educator to show cause within the period specified in the notice which period shall not be less than 14 days from the date of the notice, why the educator should not be so suspended.
After considering any representations received in accordance with subsection (2)(c), the employer may proceed with the suspension of the educator under subsection (l), or refrain from taking any further steps under the said subsection (l) and the employer shall inform the educator concerned in writing of the decision under this subsection.
If an educator charged with misconduct denies the charge; or fails to comply with the direction contemplated in section 19(2), the employer shall appoint a disciplinary tribunal consisting of a chairperson and two other persons, one of whom shall be nominated by the educator or the trade union of which the educator is a member, to inquire into the charge.
The chairperson of the disciplinary tribunal shall, in consultation with the employer, determine the time and place of the inquiry, and the employer shall give the educator and trade union concerned 14 days' notice in writing of the time and place so determined.
examine or require any person who has been called upon in terms of paragraph (b) to produce any book, document or object in that person's possession or custody or under that person's control which may have a bearing on the subject of inquiry.
signed by the chairperson of the disciplinary tribunal or any other person designated by the chairperson; and served in the prescribed manner.
In connection with the examination of any person by, or the production of any book, document or object before, the disciplinary tribunal under this section, the law relating to privilege, as applicable to a witness summonsed to give evidence or to produce any book, document or object before a court of law, shall apply.
to adduce evidence and arguments in support of the charge; and to cross-examine any person who has given evidence in rebuttal of the charge.
to cross-examine any person called as a witness in support of the charge; and to have access to documents produced in evidence.
The disciplinary tribunal shall keep a record of the proceedings at the inquiry and of all evidence given thereat.
if the disciplinary tribunal finds that the educator is guilty of the misconduct with which the educator has been charged, make a recommendation regarding any steps which may be taken under section 24(2); and inform the educator of the finding.
any remarks which the disciplinary tribunal wishes to make in connection with the inquiry; and the recommendation of the disciplinary tribunal regarding any steps which may be taken under this section.
discharge the educator from service with effect from such date as the employer may determine.
Except where the employer takes the steps contemplated in paragraph (a)(iv), the employer may take steps under more than one of the subparagraphs of paragraph (a), and the employer may suspend any one or more of those steps on such conditions and for such period, which period shall not exceed one year, as the employer may determine.
The employer shall as soon as possible inform the educator concerned in writing of the decision taken by the employer under subsection and of that educator's right of appeal in terms of section 25.
(a) An educator shall have the right to appeal to the Minister or the Member of the Executive Council, as the case may be, against the finding of the disciplinary tribunal that the educator is guilty of the misconduct with which the educator has been charged or against the decision of the employer under section 24(2), or against that finding as well as that decision, within 21 days after the day on which the educator was informed of that decision in terms of section 24(3).
If notice of appeal has been given in accordance with subsection (1), the employer shall furnish the educator concerned with a copy of the record of the proceedings at the enquiry and the other documents referred to in section 24(1)(b).
The educator may within 14 days after the day on which the educator received the copy of the record and other documents submit to the Minister or the Member of the Executive Council, as the case may be, representations in writing in support of the appeal.
The employer may within 14 days after the day on which the employer received a copy of the representations in writing submit to the Minister or the Member of the Executive Council, as the case may be, any reply in writing which the employer wishes to make to those representations, and shall furnish a copy of that reply to the educator concerned.
The educator may within 14 days after the day on which the educator received a copy of the reply in writing submit to the Minister or the Member of the Executive Council, as the case may be, any reply in writing which the educator wishes to make to that reply.
The Minister or the Member of the Executive Council, as the case may be, may condone any non-compliance with a time period specified in this section upon good cause being shown.
In each case where steps were taken against any educator under section 24(2), other than the cautioning or reprimanding of the educator, the employer shall furnish the South African Council for Educators with the record of the proceedings at the inquiry and all other documents relating thereto.
The South African Council for Educators, which was established in terms of a collective agreement reached in the Education Labour Relations Council, shall be deemed to be established in terms of this Act.
The South African Council for Educators is a juristic person which functions in terms of this Act.
The current chairpersons and members of the South African Council for Educators continue to perform the functions which they performed prior to the commencement of this Act, until their current terms of office expire.
Subject to this Act and the National Education Policy Act, 1996 (Act No.
have the power to establish committees and assign functions to them; and subject to this Act, perform any function which is necessary for the proper functioning of the Council.
The existing registration procedure, code of professional ethics and procedures of the South African Council for Educators remain in force until amended or repealed by the Council.
A person may not be appointed as an educator unless such person is registered or provisionally registered with the South African Council for Educators.
Any person registered or provisionally registered by the South African Council for Educators prior to the commencement of this Act, is deemed to be registered in terms of the provisions of this Act.
Any educator not registered or provisionally registered with the South African Council for Educators at the commencement of this Act, shall apply for registration within six months after the commencement of this Act.
After a date determined by the Minister by notice in the Gazette, no employer may employ or retain in employment, an educator not registered or provisionally registered with the South African Council for Educators.
the convening of meetings of the Council and its committees and the procedure at those meetings, including the quorum for such meetings; and any other matter which the Minister may deem necessary or expedient for the functioning of the South African Council for Educators.
and other income received by the South African Council for Educators from any other source.
may in any financial year submit adjusted statements of its estimated income and expenditure to the Minister for his or her approval; and may not incur any expenditure which exceeds the total amount approved in terms of paragraphs (a) and (b).
If the Minister does not approve the statement of estimated income and expenditure of the South African Council for Educators, the Minister shall require the Council to provide a revised statement within a specified period to him or her.
The funds contemplated in subsection (1) must be used by the South African Council for Educators in accordance with the approved statement referred to in subsection (2), and any unexpended balance must be carried forward as a credit to the following financial year.
Subject to subsection (4), the South African Council for Educators may invest any portion of its funds in a manner as the Minister may approve.
The books of account and financial statements of the South African Council for Educators must be audited at the end of each financial year by a registered chartered accountant appointed by the Council.
A copy of the audited financial statements shall be submitted to the Minister within three months after the end of a financial year.
The South African Council for Educators shall, within three months after the end of each financial year, submit a report to the Minister on the performance of its functions during that financial year.
The Minister shall table copies of the report in Parliament as soon as reasonably practicable.
performs voluntarily; or has been ordered to perform by a competent authority.
The employer may order an educator to perform duties on a temporary basis other than those duties ordinarily assigned to the educator which are appropriate to the grade, designation or classification of the educator's post.
has been called upon in terms of section 21 (3)(b) and who refuses to be sworn or to affirm as a witness; or fails without sufficient cause to answer fully and satisfactorily any question lawfully put to that person under section 21(3)(c); or to produce any book, document or object in that person's possession or custody or under that person's control which that person was required to produce in terms of the said section 21(3)(c), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
any matter required or permitted to be prescribed by regulation under this Act; and in general, any matter which the Minister may consider necessary or expedient to prescribe or regulate in order to achieve the objects of this Act.
The Minister may delegate to the Director-General or any other person in the service of the Department of Education any power conferred upon the Minister by or under this Act, other than the power referred to in section 16(10), 25(3) or 35, on such conditions as the Minister may determine; or authorise the said Director-General or person to perform any duty assigned to the Minister by or under this Act.
Director-General by or under this Act.
The Member of the Executive Council may delegate to the Head of Department or any other person in the service of the provincial department of education any power conferred upon the Member of the Executive Council by or under this Act, other than the power referred to in section 16(10) or 25(3), on such conditions as the Member of the Executive Council may determine; or authorise the said Head of Department or person to perform any duty assigned to the Member of the Executive Council by or under this Act.
The Head of Department may delegate to any person in the service of the provincial department of education any power conferred upon the Head of Department by or under this Act, on such conditions as the Head of Department may determine; or authorise the said person to perform any duty assigned to the Head of Department by or under this Act.
Subject to the provisions of subsection (2), the Educators' Employment Act, 1994, is hereby repealed.
Anything done under the said Act and which could be done under a provision of this Act, shall be deemed to have been done under that provision.
Notwithstanding the repeal of the said Act, any inquiry into inefficiency and any proceedings in respect of a charge of misconduct instituted or commenced under the said Act shall be continued and concluded as if the said Act had not been repealed.
Notwithstanding the repeal of the said Act, the regulations which were made under the said Act and were in force immediately before the commencement of this Act, and which are not inconsistent with this Act, shall continue in force until they are repealed, withdrawn or amended by regulations made under section 35 of this Act.
"the repealed Act" means the Educators' Employment Act, 1994 (promulgated under Proclamation No. 138 of 1994).
In order to deal effectively with any matter relating to the employment of educators at any college until such time as that college is declared to be a higher education institution under the Higher Education Act, 1997 (Act No.
an educator holding the said post or employed additional to the said educator establishment; or the salary or other conditions of service of the said educator, as are necessary to deal with any such matter: Provided that any inquiry into inefficiency and any proceedings in respect of a charge of misconduct instituted or commenced against that person under the repealed Act shall be continued and concluded as if the said section 37(1) had not been enacted.
Act, a college may create posts additional to the establishment contemplated in subsection (2).
The college shall be the employer of persons holding the said posts.
The provisions of this section, other than the proviso to subsection (2), shall cease to apply to the college, post, establishment, person, salary or conditions of service concerned on the date on which that college is declared to be a higher education institution under the Higher Education Act, 1997, or a further education and training institution under the Further Education and Training Act, 1998, as the case may be.
This Act shall be called the Employment of Educators Act, 1998.
<fn>GOV-ZA.1936024En.2012-02-10.en.txt</fn>
To consolidate and amend the law relating to insolvent persons and to their estates.
The Insolvency Act, 1916 (Act 32 of 1916), the Insolvency Act, 1916, Amendment Act, 1926 (Act 29 of 1926) (except the title and preamble thereof and sections one , seventy-one , seventy-two and seventy-four thereof) and section twenty of the Land Bank Amendment Act, 1934 (Act 58 of 1934) are hereby repealed: Provided that if an estate was sequestrated or assigned before the commencement of this Act the sequestration or assignment and all proceedings in connection therewith shall be completed, and a person whose estate was sequestrated or assigned before such commencement and any matter relating to such sequestration, assignment or person shall be dealt with as if this Act had not been passed; and provided further that if, before the said commencement, any action was taken under the said Act 32 of 1916 with a view to the surrender or sequestration of an estate but the surrender or sequestration was not effected before the said commencement, such action shall, after such commencement, be deemed to have been taken under this Act, in so far as this Act makes provision therefor.
[Definition of 'banking institution' inserted by s. 1 of Act 6 of 1972.
[Definition of 'building society' inserted by s. 1 of Act 6 of 1972.
[Definition of 'disposition' substituted by s. 1 of Act 27 of 1987.
[Definition of 'free residue' amended by s. 2 (a) of Act 16 of 1943.
' Gazette ' [Definition of ' Gazette' inserted by s. 2 (b) of Act 16 of 1943 and deleted by s. 1 of Act 49 of 1996.
[Definition of 'Minister' inserted by s. 1 of Act 16 of 2003.
'Republic' [Definition of 'Republic' ('Union') added by s. 2 (d) of Act 16 of 1943 and deleted by s. 1 of Act 49 of 1996.
[Definition of 'special mortgage' inserted by s. 2 (c) of Act 16 of 1943 and substituted by s. 4 of Act 57 of 1993 and by s. 1 (1) of Act 157 of 1993.
'Supreme Court' [Definition of 'Supreme Court' inserted by s. 2 (c) of Act 16 of 1943 and deleted by s. 1 of Act 49 of 1996.
'the Territory' [Definition of 'the Territory' inserted by s. 2 (c) of Act 16 of 1943 and deleted by s. 1 of Act 49 of 1996.
'trustee' means the trustee of an estate under sequestration, and includes a provisional trustee.
An insolvent debtor or his agent or a person entrusted with the administration of the estate of a deceased insolvent debtor or of an insolvent debtor who is incapable of managing his own affairs, may petition the court for the acceptance of the surrender of the debtor's estate for the benefit of his creditors.
All the members of a partnership (other than partners en commandite or special partners as defined in the Special Partnerships Limited Liability Act, 1861 (Act 24 of 1861) of the Cape of Good Hope or in Law 1 of 1865 of Natal) who reside in the Republic, or their agent, may petition the court for the acceptance of the surrender of the estate of the partnership and of the estate of each such member.
Before accepting or declining the surrender, the court may direct the petitioner or any other person to appear and be examined before the court.
Before presenting a petition mentioned in section three the person who intends to present the petition (in this section referred to as the petitioner) shall cause to be published in the Gazette and in a newspaper circulating in the district in which the debtor resides, or, if the debtor is a trader, in the district in which his principal place of business is situate, a notice of surrender in a form corresponding substantially with Form A in the First Schedule to this Act. The said notice shall be published not more than thirty days and not less than fourteen days before the date stated in the notice of surrender as the date upon which application will be made to the court for acceptance of the surrender of the estate of the debtor.
[Sub-s. (1) amended by s. 3 (a) of Act 16 of 1943 and by s. 1 of Act 49 of 1996.
Within a period of seven days as from the date of publication of the said notice in the Gazette , the petitioner must deliver or post a copy of the said notice to every one of the creditors of the debtor in question whose address he or she knows or can ascertain.
(aa) by affixing a copy of the notice to any notice board to which the employees have access inside the debtor's premises; or (bb) if there is no access to the premises by the employees, by affixing a copy of the notice to the front gate of the premises, where applicable, failing which to the front door of the premises from which the debtor conducted any business immediately prior to the surrender; and by post to the South African Revenue Service.
[Sub-s. (2) amended by s. 3 (b) of Act 16 of 1943 and substituted by s. 1 of Act 69 of 2002.
The petitioner shall lodge at the office of the Master a statement in duplicate of the debtor's affairs, framed in a form corresponding substantially with Form B in the First Schedule to this Act. That statement shall contain the particulars for which provision is made in the said Form, shall comply with any requirements contained therein and shall be verified by an affidavit (which shall be free from stamp duty) in the form set forth therein.
Upon receiving the said statement, the Master may direct the petitioner to cause any property set forth therein to be valued by a sworn appraiser or by any person designated by the Master for the purpose.
If the debtor resides or carries on business as a trader in any district (other than the district of Wynberg, Simonstown or Bellville in the Province of the Cape of Good Hope) wherein there is no Master's office, the petitioner shall also lodge a copy of the said statement at the office of the magistrate of the district, or, if the debtor resides or so carries on business in a portion of such district in respect of which an additional or assistant magistrate permanently carries out the functions of the magistrate of the district at a place other than the seat of magistracy of that district, at the office of such additional or assistant magistrate.
[Sub-s. (5) amended by s. 19 of Act 62 of 1955.
The said statement shall be open to the inspection of any creditor of the debtor during office hours for a period of fourteen days from a date to be mentioned in the notice of surrender.
After the publication of a notice of surrender in the Gazette in terms of section four , it shall not be lawful to sell any property of the estate in question, which has been attached under writ of execution or other process, unless the person charged with the execution of the writ or other process could not have known of the publication: Provided that the Master, if in his opinion the value of any such property does not exceed R5 000, or the Court, if it exceeds that amount, may order the sale of the property attached and direct how the proceeds of the sale shall be applied.
[Sub-s. (1) substituted by s. 1 of Act 99 of 1965 and amended by s. 1 of Act 101 of 1983.
After the publication of a notice of surrender as aforesaid in the Gazette the Master may, in accordance with policy determined by the Minister, appoint a curator bonis to the debtor's estate, who shall forthwith take the estate into his or her custody and take over the control of any business or undertaking of the debtor, as if he or she were the debtor, as the Master may direct, including any business the debtor is licensed to carry on in terms of the Liquor Act, 1989 (Act 27 of 1989), but subject in every case, mutatis mutandis , to the provisions of section 70.
[Sub-s. (2) amended by s. 4 of Act 16 of 1943 and substituted by s. 2 of Act 16 of 2003.
If the court is satisfied that the provisions of section four have been complied with, that the estate of the debtor in question is insolvent, that he owns realizable property of a sufficient value to defray all costs of the sequestration which will in terms of this Act be payable out of the free residue of his estate and that it will be to the advantage of creditors of the debtor if his estate is sequestrated, it may accept the surrender of the debtor's estate and make an order sequestrating that estate.
If the court does not accept the surrender or if the notice of surrender is withdrawn in terms of section seven , or if the petitioner fails to make the application for the acceptance of the surrender of the debtor's estate before the expiration of a period of fourteen days as from the date specified in the notice of surrender, as the date upon which application will be made to the court for the acceptance of the surrender of the debtor's estate, the notice of surrender shall lapse and if a curator bonis was appointed, the estate shall be restored to the debtor as soon as the Master is satisfied that sufficient provision has been made for the payment of all costs incurred under subsection (2) of section five.
A notice of surrender published in the Gazette may not be withdrawn without the written consent of the Master.
A person who has published a notice of surrender in the Gazette may apply to the Master for his consent to the withdrawal of the notice, and if it appears to the Master that the notice was published in good faith and that there is good cause for its withdrawal, he shall give his written consent thereto. Upon the publication, at the expense of the applicant, of a notice of withdrawal and of the Master's consent thereto, in the Gazette and in the newspaper in which the notice of surrender appeared, the notice of surrender shall be deemed to have been withdrawn.
if, being a trader, he gives notice in the Gazette in terms of subsection (1) of section thirty-four , and is thereafter unable to pay all his debts.
A creditor (or his agent) who has a liquidated claim for not less than fifty pounds, or two or more creditors (or their agent) who in the aggregate have liquidated claims for not less than one hundred pounds against a debtor who has committed an act of insolvency, or is insolvent, may petition the court for the sequestration of the estate of the debtor.
[Sub-s. (1) amended by s. 6 (a) of Act 16 of 1943.
A liquidated claim which has accrued but which is not yet due on the date of hearing of the petition, shall be reckoned as a liquidated claim for the purposes of subsection (1).
The facts stated in the petition shall be confirmed by affidavit and the petition shall be accompanied by a certificate of the Master given not more than ten days before the date of such petition that sufficient security has been given for the payment of all fees and charges necessary for the prosecution of all sequestration proceedings and of all costs of administering the estate until a trustee has been appointed, or if no trustee is appointed, of all fees and charges necessary for the discharge of the estate from sequestration.
The particulars contemplated in paragraph (a) (i) and (ii) shall also be set out in the heading to the petition, and if the creditor is unable to set out all such particulars he shall state the reason why he is unable to do so.
[Sub-s. (3) amended by s. 6 (b) of Act 16 of 1943 and substituted by s. 2 of Act 99 of 1965 and by s. 1 of Act 122 of 1993.
Before such a petition is presented to the court, a copy of the petition and of every affidavit confirming the facts stated in the petition shall be lodged with the Master, or, if there is no Master at the seat of the court, with an officer in the public service designated for that purpose by the Master by notice in the Gazette , and the Master or such officer may report to the court any facts ascertained by him which would appear to him to justify the court in postponing the hearing or in dismissing the petition. The Master or the said officer shall transmit a copy of that report to the petitioning creditor or his agent.
The petitioner must, before or during the hearing, file an affidavit by the person who furnished a copy of the petition which sets out the manner in which paragraph (a) was complied with.
[Sub-s. (4A) inserted by s. 2 of Act 69 of 2002.
The court, on consideration of the petition, the Master's or the said officer's report thereon and of any further affidavit which the petitioning creditor may have submitted in answer to that report, may act in terms of section ten or may dismiss the petition, or postpone its hearing or make such other order in the matter as in the circumstances appears to be just.
to the debtor, unless the court, at its discretion, dispenses with the furnishing of a copy where the court is satisfied that it would be in the interest of the debtor or of the creditors to dispense with it.
there is reason to believe that it will be to the advantage of creditors of the debtor if his estate is sequestrated, it may make an order sequestrating the estate of the debtor provisionally.
If the court sequestrates the estate of a debtor provisionally it must simultaneously grant a rule nisi calling upon the debtor upon a day mentioned in the rule to appear and to show cause why his or her estate should not be sequestrated finally.
If the debtor has been absent during a period of twenty-one days from his or her usual place of residence and of his or her business (if any) within the Republic, the court may direct that it is sufficient service of that rule if a copy thereof is affixed to or near the outer door of the buildings where the court sits and published in the Gazette , or may direct some other mode of service.
the South African Revenue Service.
Upon the application of the debtor the court may anticipate the return day for the purpose of discharging the order of provisional sequestration if twenty-four hours' notice of such application has been given to the petitioning creditor.
For the purposes of serving the rule nisi in terms of subsection (2A), the sheriff must establish whether the employees are represented by a registered trade union and determine whether there is a notice board inside the employer's premises to which the employees have access.
[S. 11 substituted by s. 3 of Act 69 of 2002.
there is reason to believe that it will be to the advantage of creditors of the debtor if his estate is sequestrated, it may sequestrate the estate of the debtor.
If at such hearing the court is not so satisfied, it shall dismiss the petition for the sequestration of the estate of the debtor and set aside the order of provisional sequestration or require further proof of the matters set forth in the petition and postpone the hearing for any reasonable period but not sine die.
If the court sequestrates the estate of a partnership (whether provisionally or finally or on acceptance of surrender), it shall simultaneously sequestrate the estate of every member of that partnership other than a partner en commandite or a special partner as defined in the Special Partnerships' Limited Liability Act, 1861 (Act 24 of 1861) of the Cape of Good Hope or in Law 1 of 1865 of Natal, who has not held himself out as an ordinary or general partner of the partnership in question: Provided that if a partner has undertaken to pay the debts of the partnership within a period determined by the court and has given security for such payment to the satisfaction of the registrar, the separate estate of that partner shall not be sequestrated by reason only of the sequestration of the estate of the partnership.
[Sub-s. (1) amended by s. 7 (a) of Act 16 of 1943.
Where the individual estate of a partner is unable fully to meet the costs of sequestration, the balance shall be paid out of the assets of the estate of the partnership. [Sub-s. (2) added by s. 7 (b) of Act 16 of 1943 and substituted by s. 3 of Act 99 of 1965.
The surrender of the estate of a partnership shall not be accepted unless and until the court is satisfied that petitions have been presented for the acceptance of the surrender of the separate estates of all the partners in the partnership concerned, and that in this regard the requirements of section four have been observed. The petitions re the surrender of the separate estates of the several partners may be incorporated in the petition re the surrender of the estate of the partnership.
[Sub-s. (3) added by s. 7 (b) of Act 16 of 1943.
The creditor upon whose petition a sequestration order has been made shall, at his own cost, prosecute all the proceedings in the sequestration until a provisional trustee has been appointed or if no provisional trustee has been appointed until a trustee has been appointed.
The trustee shall pay to the said creditor out of the first funds of the estate available for that purpose under section ninety-seven his costs, taxed according to the tariff applicable in the court which made the sequestration order.
In the event of a contribution by creditors under section one hundred and six , the petitioning creditor, whether or not he has proved a claim against the estate in terms of section forty-four , shall be liable to contribute not less than he would have had to contribute if he had proved the claim stated in his petition.
Whenever the court is satisfied that a petition for the sequestration of a debtor's estate is an abuse of the court's procedure or is malicious or vexatious, the court may allow the debtor forthwith to prove any damage which he or she may have sustained by reason of the presentation of the petition and award him or her such compensation as it may deem fit.
[S. 15 substituted by s. 4 of Act 69 of 2002.
The registrar of the court granting a final order of sequestration (including an order on acceptance of surrender) shall without delay cause a copy thereof to be served by the deputy sheriff, in the manner provided by the rules of court, on the insolvent concerned and if such order relates to the separate estate of one of two spouses who are not living apart under a judicial order of separation, also on the spouse whose estate has not been sequestrated, and file with the Master a copy of the deputy sheriff's return of service.
A spouse whose separate estate has not been sequestrated and upon whom a copy of an order referred to in subsection (1) has been served shall within seven days of such service lodge, in duplicate, with the Master a statement of his affairs, as at the date of the sequestration order, framed in a form corresponding substantially with Form B of the First Schedule to this Act containing the particulars for which provision is made in the said Form and verified by affidavit (which shall be free from stamp duty) in the form set forth therein.
In the statement referred to in paragraph (b) of subsection (2) or in subsection (3) any merchandise mentioned therein shall be valued at its cost price or at its market value, at the same time of the making of the said affidavit whichever is the lower.
If the Master is satisfied that the insolvent or a spouse referred to in subsection (3) was unable to prepare, without assistance, such a statement which he lodged as aforesaid, the person who assisted the insolvent or such spouse with the preparation of the statement shall be entitled to a reasonable fee, to be determined by the Master, which shall be deemed to be part of the costs of the sequestration.
Act, containing the particulars for which provision is made in the said Form and verified by an affidavit (which shall be free from stamp duty) in the form set forth therein.
[S. 16 amended by s. 9 of Act 16 of 1943 and substituted by s. 4 of Act 99 of 1965.
[Sub-para. (ii) bis inserted by s. 1 of Act 57 of 1951.
every sheriff and every messenger who or whose deputy holds under attachment any property belonging to the insolvent estate.
Every officer who has received an order transmitted to him in terms of subsection (1), or a certificate and a copy of an order transmitted to him in terms of section 18A, shall register each such order, certificate or copy and note thereon the day and hour when it was received in his office.
[Sub-s. (2) substituted by s. 2 (a) of Act 122 of 1993.
Upon the receipt by any officer referred to in subparagraph (ii) of paragraph (b) of subsection (1) of a sequestration order, or of a certificate and a copy of an order referred to in section 18A, he shall, if he has not yet entered such a caveat, enter a caveat against the transfer of all immovable property or the cancellation or cession of any bond registered in the name of or belonging to the insolvent, and if the sequestration order or the certificate referred to in section 18A contains the name of the spouse of the insolvent, he shall in like manner enter a caveat in respect of such spouse.
[Sub-s. (3) substituted by s. 2 (b) of Act 122 of 1993.
bis Upon the receipt by any officer referred to in subparagraph (ii) bis of paragraph (b) of subsection (1) of a sequestration order he shall enter a caveat against the transfer of every ship or share in a ship or the cancellation or cessation of every deed of mortgage of a ship or share in a ship registered in the name of or belonging to the insolvent or his or her spouse.
[Sub-s. (3) bis inserted by s. 1 of Act 57 of 1951.
When the Master has received a sequestration order or an order setting aside a provisional sequestration order he shall in each case give notice in the Gazette of such order. [Sub-s. (4) substituted by s. 10 of Act 16 of 1943.
As soon as an estate has been sequestrated (whether provisionally or finally) or when a person appointed as trustee ceases to be trustee or to function as such, the Master may, in accordance with policy determined by the Minister, appoint a provisional trustee to the estate in question who shall give security to the satisfaction of the Master for the proper performance of his or her duties as provisional trustee and shall hold office until the appointment of a trustee.
[Sub-s. (1) substituted by s. 3 of Act 16 of 2003.
At any time before the first meeting of the creditors of an insolvent estate in terms of section forty , the Master may, subject to the provisions of subsection (3) of this section, give such directions to the provisional trustee as could be given to a trustee by the creditors at a meeting of creditors.
A provisional trustee shall have the powers and the duties of a trustee, as provided in this Act, except that without the authority of the court or for the purpose of obtaining such authority he shall not bring or defend any legal proceedings and that without the authority of the court or Master he shall not sell any property belonging to the estate in question. Such sale shall furthermore be after such notices and subject to such conditions as the Master may direct.
[Sub-s. (3) amended by s. 11 of Act 16 of 1943.
When a meeting of creditors for the election of a trustee has been held in terms of section forty and no trustee has been elected, and the Master has appointed a provisional trustee in the estate in question, the Master shall appoint him as trustee on his finding such additional security as the Master may have required.
Any person appointed as provisional trustee after the commencement of the Insolvency Amendment Act, 1993, or if no provisional trustee has been appointed, or if the provisional trustee has failed to perform the duties mentioned below, a trustee appointed after the said commencement shall as soon as possible after his appointment determine whether the particulars referred to in section 9 (3) (a) (i) and (ii) are correctly reflected in the sequestration order, and if any of such particulars are not so reflected or are incorrectly reflected he shall forthwith take all reasonable steps to obtain the correct particulars and shall transmit a certificate containing such particulars, a copy of the sequestration order and of his appointment to every officer charged with the registration of title to any immovable property in the Republic and to the Master.
[S. 18A inserted by s. 3 of Act 122 of 1993.
A trustee may, before or after the rehabilitation of an insolvent, with the written consent of the Master, by notice to the officer charged with the registration of title to immovable property in the Republic, in respect of immovable property or a bond registered in the name of the insolvent or of his spouse contemplated in section 21 (13), cause a caveat to be entered against the transfer of the immovable property or the cancellation or cession of the bond referred to in the notice.
[S. 18B inserted by s. 3 of Act 122 of 1993.
bis If an insolvent has in reply to the deputy sheriff's enquiry intimated that the list referred to in paragraph (d) of subsection (1) is a complete list of the books and records relating to his affairs, the books and records referred to in such list shall, unless the contrary is proved, in any criminal proceedings against him under this Act, be deemed to be the only books and records maintained by him.
[Sub-s. (1) bis inserted by s. 5 (c) of Act 99 of 1965.
Any person interested in the insolvent estate or in the property attached may be present or may authorize another person to be present when the deputy-sheriff is making his inventory.
as soon as possible after the appointment of the trustee, submit a copy of such inventory to him.
[Para. (a) substituted by s. 5 (a) of Act 99 of 1965.
he shall hand to the person so appointed a copy of the inventory, with a notice that the property has been attached by virtue of a sequestration order.
[Para. (d) inserted by s. 5 (b) of Act 99 of 1965.
if the insolvent is present he shall enquire from him whether the list referred to in paragraph (d) is a complete list of the books and records relating to his affairs and record his reply thereto.
[Para. (e) inserted by s. 5 (b) of Act 99 of 1965.
[Sub-s. (3) substituted by s. 5 (d) of Act 99 of 1965.
A messenger shall transmit to the Master without delay an inventory of all property attached by him which he knows to belong to an insolvent estate.
The deputy-sheriff shall be entitled to fees taxed by the Master according to tariff A in the Second Schedule to this Act and the rules for the construction of that tariff.
The Minister may by notice in the Gazette amend the said tariff A and rules.
[Sub-s. (6) added by s. 11 of Act 50 of 1956, amended by ss. 46 and 47 of Act 97 of 1986 and substituted by s. 4 of Act 16 of 2003.
to empower the insolvent, if in prison for debt, to apply to the court for his release, after notice to the creditor at whose suit he is so imprisoned, and to empower the court to order his release, on such conditions as it may think fit to impose.
all property which the insolvent may acquire or which may accrue to him during the sequestration, except as otherwise provided in section twentythree.
The additional effect of the sequestration of the separate estate of one of two spouses who are not living apart under a judicial order of separation shall be to vest in the Master, until a trustee has been appointed, and, upon the appointment of a trustee, to vest in him all the property (including property or the proceeds thereof which are in the hands of a sheriff or a messenger under a writ of attachment) of the spouse whose estate has not been sequestrated (hereinafter referred to as the solvent spouse) as if it were property of the sequestrated estate, and to empower the Master or trustee to deal with such property accordingly, but subject to the following provisions of this section.
[Para. (d) amended by s. 12 of Act 16 of 1943 and by s. 1 of Act 49 of 1996.
to have been acquired with any such property as aforesaid or with the income or proceeds thereof.
If the solvent spouse is in the Republic and the trustee is able to ascertain his or her address, the trustee shall not, except with the leave of the court, realize property which ostensibly belonged to the solvent spouse, until the expiry of six weeks' written notice of his intention to do so, given to that spouse. Such notice shall also be published in the Gazette and in a newspaper circulating in the district in which the solvent spouse resides or carries on business, and shall invite all separate creditors for value of that spouse to prove their claims as provided in subsection (5).
The solvent spouse may apply to the court for an order releasing any property vested in the trustee of the insolvent estate under subsection (1) or for an order staying the sale of such property or, if it has already been sold, but the proceeds thereof not yet distributed among creditors, for an order declaring the applicant to be entitled to those proceeds; and the court may make such order on the application as it thinks just.
Subject to any order made under subsection (4) any property of the solvent spouse realized by the trustee shall bear a proportionate share of the costs of the sequestration as if it were property of the insolvent estate but the separate creditors for value of the solvent spouse having claims which could have been proved against the estate of that spouse if it had been the estate under sequestration, shall be entitled to prove their claims against the estate of the insolvent spouse in the same manner and, except as in this Act is otherwise provided, shall have the same rights and remedies and be subject to the same obligations as if they were creditors of the insolvent estate; and the creditors who have so proved claims shall be entitled to share in the proceeds of the property so realized according to their legal priorities inter se and in priority to the separate creditors of the insolvent estate, but shall not be entitled to share in the separate assets of the insolvent estate.
If any property of the solvent spouse (other than property mentioned in paragraph (d) of subsection (2) has been released by virtue of subsection (2) or (4) the separate creditors of that spouse shall only be entitled to share in the proceeds of any property of the solvent spouse which has been realized by the trustee, after the property so released and any property of that spouse acquired by her or him since the sequestration, have been excussed.
Before awarding any such creditor a share in such proceeds, the trustee may require the creditor to lodge with him, within a period to be determined by the Master, an affidavit, supported by such evidence as may be available, setting forth the result of such excussion and disclosing the balance of his claim which remains unpaid. He shall then be entitled to share as aforesaid in respect of that balance only: Provided that any creditor who has incurred costs in excussing the separate property of the solvent spouse and has been unable to recover those costs from the proceeds of that property shall be entitled to add the amount of those costs to the amount of his claim as proved.
If, during the period determined by the Master, any such creditor has failed either to lodge with the trustee such an affidavit as aforesaid, or to excuss any separate property of the solvent spouse still available for the satisfaction of his claim, he shall be debarred from sharing as aforesaid unless the court otherwise orders.
A creditor of the solvent spouse who has proved a claim as provided in subsection (5) shall not be liable to make any contribution under section one hundred and six , and shall not be entitled to vote at any meeting of the creditors of the insolvent estate held in terms of section forty , forty-one or forty-two ; but any direction of the creditors of the insolvent estate which infringes the rights of any first-mentioned creditor may be set aside by the court on the application of such creditor.
If the solvent spouse is carrying on business as a trader, apart from the insolvent spouse or if it appears to the court that the solvent spouse is likely to suffer serious prejudice through the immediate vesting of the property of that spouse in the Master of the trustee, and the court is satisfied in either case that the solvent spouse is willing and able to make arrangements whereby the interest therein of the insolvent estate in the said property will be safeguarded without such a vesting, the court, either when making the sequestration order or at some later date, but subject to the immediate completion of such arrangement as aforesaid, may exclude that property or any part thereof from the operation of the order, for such period as it thinks fit. During that period the solvent spouse shall lay before the trustee the evidence available in support of her or his claim to such property and within that period the trustees shall notify the solvent spouse in writing whether or not he will release such property in accordance with subsection (2). If the property has not been so released, then upon the expiry of the said period that property shall vest in the Master or in the trustee, but subject to the provisions of this section.
that any property of the solvent spouse has been released since the making of the sequestration order, and that the solvent spouse is now in a position to discharge her or his liabilities, the court may postpone the hearing of the said application or may make such interim order thereon as to it may seem just.
If the trustee has in accordance with the preceding provisions of this section released any property alleged to belong to the solvent spouse, he shall not be debarred thereby from proving that it belongs to the insolvent estate and from recovering accordingly.
In this section the word 'spouse' means not only a wife or husband in the legal sense, but also a wife or husband by virtue of a marriage according to any law or custom, and also a woman living with a man as his wife or a man living with a woman as her husband, although not married to one another.
Every satisfaction in whole or in part of any obligation the fulfilment whereof was due or the cause of which arose before the sequestration of the creditor's estate shall, if made to the insolvent after such sequestration, be void, unless the debtor proves that it was made in good faith and without knowledge of the sequestration.
Subject to the provisions of this section and of section twenty-four , all property acquired by an insolvent shall belong to his estate.
The fact that a person entering into any contract is an insolvent, shall not affect the validity of that contract: Provided that the insolvent does not thereby purport to dispose of any property of his insolvent estate; and provided further that an insolvent shall not, without the consent in writing of the trustee of his estate, enter into any contract whereby his estate or any contribution towards his estate which he is obliged to make, is or is likely to be adversely affected, but in either case subject to the provisions of subsection (1) of section twenty-four.
An insolvent may follow any profession or occupation or enter into any employment, but he may not, during the sequestration of his estate without the consent in writing of the trustee of his estate, either carry on, or be employed in any capacity or have any direct or indirect interest in, the business of a trader who is a general dealer or a manufacturer: Provided that any one of the creditors of the insolvent's estate or the insolvent himself may, if the trustee gives or refuses such consent, appeal to the Master, whose decision shall be final.
bis Where a trustee has given his consent to an insolvent to enter into a contract, or to carry on a trade in terms of subsection (2) or subsection (3), as the case may be, he shall forthwith forward to the Master a copy of such consent. Any trustee who does not so forward such consent within one week after it has been granted, shall be deemed to have contravened the provisions of paragraph (b) of section sixty.
[Sub-s. (3) bis inserted by s. 13 of Act 16 of 1943.
The insolvent shall keep a detailed record of all assets received by him from whatever source, and of all disbursements made by him in the course of his profession, occupation or employment, and, if required thereto by the trustee, shall transmit to the trustee in the first week of every month a statement verified by affidavit of all assets received and of all disbursements made by him during the preceding month. The trustee may inspect such record at all reasonable times and may demand the production of reasonable vouchers in support of any item in such accounts and of the expenditure of the insolvent for the support of himself and those dependent upon him.
The trustee shall be entitled to any moneys received or to be received by the insolvent in the course of his profession, occupation or other employment which in the opinion of the Master are not or will not be necessary for the support of the insolvent and those dependent upon him, and if the trustee has notified the employer of the insolvent that the trustee is entitled, in terms of this subsection, to any part of the insolvent's remuneration due to him at the same time of such notification, or which will become due to him thereafter, the employer shall pay over that part to the trustee.
The insolvent may sue or may be sued in his own name without reference to the trustee of his estate in any matter relating to status or any right in so far as it does not affect his estate or in respect of any claim due to or against him under this section, but no cession of his earnings after the sequestration of his estate, whether made before or after the sequestration shall be of any effect so long as his estate is under sequestration.
The insolvent may for his own benefit recover any pension to which he may be entitled for services rendered by him.
The insolvent may for his own benefit recover any compensation for any loss or damage which he may have suffered, whether before or after the sequestration of his estate, by reason of any defamation or personal injury: Provided that he shall not, without the leave of the court, institute an action against the trustee of his estate on the ground of malicious prosecution or defamation.
Subject to the provisions of subsection (5) the insolvent may recover for his own benefit, the remuneration or reward for work done or for professional services rendered by or on his behalf after the sequestration of his estate.
The insolvent may be sued in his own name for any delict committed by him after the sequestration of his estate, and his insolvent estate shall not be liable therefor.
Any property claimable by the trustee from the insolvent under this section may be recovered from the insolvent by writ of execution to be issued by the registrar upon the production to him of a certificate by the Master that the property stated therein is so claimable.
The insolvent shall at any time before the second meeting of the creditors of his estate held in terms of section forty , at the request of the trustee assist the trustee to the best of his ability in collecting, taking charge of or realising any property belonging to the estate: Provided that the trustee shall, during the period of such assistance, give to the insolvent out of the estate such an allowance in money or goods as is, in the opinion of the Master, necessary to support the insolvent and his or her dependants.
The insolvent shall keep the trustee of his estate informed of his residential and postal addresses.
Any notice or information which is to be conveyed to an insolvent in terms of this Act, may be delivered to him personally or may be delivered at or sent in a registered letter by post to an address given by the insolvent to the trustee in terms of subsection (13).
If an insolvent purports to alienate, for valuable consideration, without the consent of the trustee of his estate any property which he acquired after the sequestration of his estate (and which by virtue of such acquisition became part of his sequestrated estate) or any right to any such property to a person who proves that he was not aware and had no reason to suspect that the estate of the insolvent was under sequestration the alienation shall nevertheless be valid.
Whenever an insolvent has acquired the possession of any property, such property shall, if claimed by the trustee of the insolvent's estate, be deemed to belong to that estate unless the contrary is proved; but if a person who became the creditor of the insolvent after the sequestration of his estate, alleges (whether against the trustee or against the insolvent) that any such property does not belong to the said estate and claims any right thereto, the property shall be deemed not to belong to the estate, unless the contrary is proved.
The estate of an insolvent shall remain vested in the trustee until the insolvent is reinvested therewith pursuant to a composition as in section 119 provided, or until the rehabilitation of the insolvent in terms of section 127 or 127A: Provided that, subject to the provisions of subsection (3), any property which immediately before the rehabilitation is vested in the trustee shall remain vested in him after the rehabilitation for the purposes of realization and distribution.
[Sub-s. (1) substituted by s. 2 of Act 6 of 1972 and by s. 4 (a) of Act 122 of 1993.
When a trustee has vacated his office or has been removed from office or has resigned or died the estate shall vest in the remaining trustee, if any; otherwise it shall vest in the Master until another trustee has been appointed.
After the expiry of every caveat entered in terms of section 17 (3), 18B or 127A in respect of the property of an insolvent any act of registration in respect of such property brought about by him shall be valid in spite of the fact that the property formed part of his insolvent estate.
[Sub-s. (3) added by s. 4 (b) of Act 122 of 1993.
[Sub-s. (4) added by s. 4 (b) of Act 122 of 1993.
Provided that if it is proved that the liabilities of the insolvent at any time after the making of the disposition exceeded his assets by less than the value of the property disposed of, it may be set aside only to the extent of such excess.
has not been set aside under subsection (1), the beneficiary concerned may complete with the creditors of the insolvent's estate for an amount not exceeding the amount by which the value of the insolvent's assets exceeded his liabilities immediately before the making of that disposition.
[Sub-s. (2) substituted by s. 1 of Act 84 of 1984.
No immediate benefit under a duly registered antenuptial contract given in good faith by a man to his wife or any child to be born of the marriage shall be set aside as a disposition without value, unless that man's estate was sequestrated within two years of the registration of that antenuptial contract.
In subsection (1) the expression 'immediate benefit' means a benefit given by a transfer, delivery, payment, cession, pledge, or special mortgage of property completed before the expiration of a period of three months as from the date of the marriage.
Every disposition of his property made by a debtor not more than six months before the sequestration of his estate or, if he is deceased and his estate is insolvent, before his death, which has had the effect of preferring one of his creditors above another, may be set aside by the Court if immediately after the making of such disposition the liabilities of the debtor exceeded the value of his assets, unless the person in whose favour the disposition was made proves that the disposition was made in the ordinary course of business and that it was not intended thereby to prefer one creditor above another.
[S. 28 repealed by s. 78 of Act 27 of 1943.
[Sub-s. (1) amended by s. 9 (a) of Act 64 of 1960 and substituted by s. 6 of Act 99 of 1965.
[Sub-s. (2) deleted by s. 9 (b) of Act 64 of 1960.
Every disposition of property made under a power of attorney whether revocable or irrevocable, shall for the purposes of this section and of section thirty be deemed to be made at the time at which the transfer or delivery or mortgage of such property takes place.
For the purposes of this section any period during which the provisions of subsection (1) of section eleven of the Farmers' Assistance Act, 1935 (Act 48 of 1935), applied in respect of any debtor as an applicant in terms of the said Act, shall not be taken into consideration in the calculation of any period of six months.
[Sub-s. (4) added by s. 17 of Act 16 of 1960.
If a debtor made a disposition of his property at a time when his liabilities exceeded his assets, with the intention of preferring one of his creditors above another, and his estate is thereafter sequestrated, the court may set aside the disposition.
For the purposes of this section and of section twenty-nine a surety for the debtor and a person in a position by law analogous to that of a surety shall be deemed to be a creditor of the debtor concerned.
After the sequestration of a debtor's estate the court may set aside any transaction entered into by the debtor before the sequestration, whereby he, in collusion with another person, disposed of property belonging to him in a manner which had the effect of prejudicing his creditors or of preferring one of his creditors above another.
Any person who was a party to such collusive disposition shall be liable to make good any loss thereby caused to the insolvent estate in question and shall pay for the benefit of the estate, by way of penalty, such sum as the court may adjudge, not exceeding the amount by which he would have benefited by such dealing if it had not been set aside; and if he is a creditor he shall also forfeit his claim against the estate.
Such compensation and penalty may be recovered in any action to set aside the transaction in question.
Proceedings to recover the value of property or a right in terms of section 25 (4), to set aside any disposition of property under section 26, 29, 30 or 31, or for the recovery of compensation or a penalty under section 31, may be taken by the trustee.
If the trustee fails to take any such proceedings they may be taken by any creditor in the name of the trustee upon his indemnifying the trustee against all costs thereof. [Sub-s. (1) substituted by s. 5 of Act 122 of 1993.
In any such proceedings the insolvent may be compelled to give evidence on a subpoena issued on the application of any party to the proceedings or he may be called by the court to give evidence. When giving such evidence he may not refuse to answer any question on the ground that the answer may tend to incriminate him or on the ground that he is to be tried on a criminal charge and may be prejudiced at such a trial by his answer.
When the Court sets aside any disposition of property under any of the said sections, it shall declare the trustee entitled to recover any property alienated under the said disposition or in default of such property the value thereof at the date of the disposition or at the date on which the disposition is set aside, whichever is the higher.
A person who, in return for any disposition which is liable to be set aside under section twenty-six , twenty-nine , thirty , or thirty-one , has parted with any property or security which he held or who has lost any right against another person, shall, if he acted in good faith, not be obliged to restore any property or other benefit received under such disposition, unless the trustee has indemnified him for parting with such property or security or for losing such right.
Section twenty-six , twenty-nine , thirty , or thirty-one shall not affect the rights of any person who acquired property in good faith and for value from any person other than a person whose estate was subsequently sequestrated.
If a trader transfers in terms of a contract any business belonging to him, or the goodwill of such business, or any goods or property forming part thereof (except in the ordinary course of that business or for securing the payment of a debt), and such trader has not published a notice of such intended transfer in the Gazette , and in two issues of an Afrikaans and two issues of an English newspaper circulating in the district in which that business is carried on, within a period not less than thirty days and not more than sixty days before the date of such transfer, the said transfer shall be void as against his creditors for a period of six months after such transfer, and shall be void against the trustee of his estate, if his estate is sequestrated at any time within the said period. Sub-s. (1) substituted by s. 12 of Act 32 of 1952, by s. 2 (a) of Act 27 of 1987 and by s.
of Act 6 of 1991.
As soon as any such notice is published, every liquidated liability of the said trader in connection with the said business, which would become due at some future date, shall fall due forthwith, if the creditor concerned demands payment of such liability: Provided that if such liability bears no interest, the amount of such liability which would have been payable at such future date if such demand had not been made, shall be reduced at the rate of eight per cent per annum of that amount, over the period between the date when payment is made and that future date.
[Sub-s. (2) amended by s. 2 of Act 101 of 1983.
in a Division of the Supreme Court having jurisdiction in the district in which the said business is carried on or in the magistrate's court of that district, the transfer shall be void as against him for the purpose of such enforcement. [Sub-s. (3) substituted by s. 2 (b) of Act 27 of 1987 and by s. 1 (b) of Act 6 of 1991.
For the purposes of this section 'transfer', when used as a noun, includes actual or constructive transfer of possession, and, when used as a verb, has a corresponding meaning. [Sub-s. (4) added by s. 1 (c) of Act 6 of 1991.
If an insolvent, before the sequestration of his estate, entered into a contract for the acquisition of immovable property which was not transferred to him, the trustee of his insolvent estate may enforce or abandon the contract. The other party to the contract may call upon the trustee by notice in writing to elect whether he will enforce or abandon the contract, and if the trustee has after the expiration of six weeks as from the receipt of the notice, failed to make his election as aforesaid and inform the other party thereof, the other party may apply to the court by motion for cancellation of the contract and for an order directing the trustee to restore to the applicant the possession of any immovable property under the control of the trustee, of which the insolvent or the trustee gained possession or control by virtue of the contract, and the court may make such order on the application as it thinks fit: Provided that this section shall not affect any right which the other party may have to establish against the insolvent estate, a non-preferent claim for compensation for any loss suffered by him as a result of the non-fulfilment of the contract.
[Definition of 'exchange' substituted by s. 117 of Act 36 of 2004.
'market participant' means an authorised user, a participant, a client or a settling party as defined in section 1 of the Securities Services Act, 2004, or any other party to a transaction; Definition of 'market participant' substituted by s. 2 of Act 104 of 1996 and by s.
36 of 2004.
'exchange rules' means the exchange rules and depository rules as defined in section 1 of the Securities Services Act, 2004; [Definition of 'exchange rules', previously 'rules of an exchange', substituted by s. 117 of Act 36 of 2004.
'transaction' means any transaction to which the rules of an exchange apply.
If upon the sequestration of the estate of a market participant the obligations of such market participant in respect of any transaction entered into prior to sequestration have not been fulfilled, the exchange in question in respect of any obligation owed to it, or any other market participant in respect of obligations owed to such market participant, shall in accordance with the rules of that exchange applicable to any such transaction be entitled to terminate all such transactions and the trustee of the insolvent estate of the market participant shall be bound by such termination.
shall exceed the amount due upon termination in terms of the rules of the exchange in question.
Any rules of an exchange and the practices thereunder which provide for the netting of a market participant's position or for set-off in respect of transactions concluded by the market participant or for the opening or closing of a market participant's position shall upon sequestration of the estate of the market participant be binding on the trustee in respect of any transaction or contract concluded by the market participant prior to such sequestration, but which is, in terms of such rules and practices, to be settled on a date occurring after the sequestration, or settlement of which was overdue on the date of sequestration.
Section 341 (2) of the Companies Act, 1973 (Act 61 of 1973), and sections 26, 29 and 30 of this Act shall not apply to property disposed of in accordance with the rules of an exchange.
[S. 35A inserted by s. 1 of Act 32 of 1995.
Notwithstanding any rule of the common law to the contrary, all unperformed obligations arising out of one or more master agreements between the parties, or obligations arising from such agreement or agreements in respect of assets in which ownership has been transferred as collateral security, shall, upon the sequestration of the estate of a party to such master agreement, terminate automatically at the date of sequestration, the values of those obligations shall be calculated at market value as at that date, the values so calculated shall be netted and the net amount shall be payable.
any agreement declared by the Minister, after consultation with the Minister of Finance, by notice in the Gazette to be a master agreement for the purposes of this section.
a netting arrangement contemplated in the National Payment System Act, 1998 (Act 78 of 1998).
Section 341 (2) of the Companies Act, 1973 (Act 61 of 1973), and sections 26, 29 and 30 of this Act shall not apply to dispositions in terms of a master agreement.
[S. 35B inserted by s. 1 of Act 32 of 1995 and substituted by s. 2 of Act 55 of 2003.
If a person, before the sequestration of his estate, by virtue of a contract of purchase and sale which provided for the payment of the purchase price upon delivery of the property in question to the purchaser, received any movable property without paying the purchase price in full, the seller may, after the sequestration of the purchaser's estate, reclaim that property if within ten days after delivery thereof he has given notice in writing to the purchaser or to the trustee of the purchaser's insolvent estate or to the Master, that he reclaims the property: Provided that if the trustee disputes the seller's right to reclaim the property, the seller shall not be entitled to reclaim it, unless he institutes, within fourteen days after having received notice that the trustee so disputes his right, legal proceedings to enforce his right.
For the purposes of subsection (1) a contract of purchase and sale shall be deemed to provide for the payment of the purchase price upon delivery of the property in question to the purchaser, unless the seller has agreed that the purchase price or any part thereof shall not be claimable before or at the time of such delivery.
The trustee of the purchaser's insolvent estate shall not be obliged to restore any property reclaimed by the seller in terms of subsection (1) unless the seller refunds to him every part of the purchase price which he has already received.
Except as in this section provided, a seller shall not be entitled to recover any property which he sold and delivered to a purchaser whose estate was sequestrated after the sale, only by reason of the fact that the purchaser failed to pay the purchase price.
The owner of the movable property which was in the possession or custody of a person at the time of the sequestration of that person's estate, shall not be entitled to recover that property if it has, in good faith, been sold as part of the said person's insolvent estate, unless the owner has, by notice in writing, given, before the sale, to the curator bonis if one has been appointed or to the trustee of the insolvent estate, or if there is no such curator bonis or trustee, to the Master, demanded a return of the property.
If any such property has been sold as part of the insolvent estate, the former owner of that property may recover from the trustee, before the confirmation of any trustee's account in the estate in terms of section one hundred and twelve , the net proceeds of the sale of that property (unless he has recovered the property itself from the purchaser), and thereupon he shall lose any right which he may have had to recover the property itself in terms of subsection (5).
A lease entered into by any person as lessee shall not be determined by the sequestration of his estate, but the trustee of his insolvent estate may determine the lease by notice in writing to the lessor: Provided that the lessor may claim from the estate, compensation for any loss which he may have sustained by reason of the non-performance of the terms of such lease.
If the trustee does not, within three months of his appointment notify the lessor that he desires to continue the lease on behalf of the estate, he shall be deemed to have determined the lease at the end of such three months.
The rent due under any such lease, from the date of the sequestration of the estate of the lessee to the determination or the cession thereof by the trustee, shall be included in the costs of sequestration.
The determination of the lease by the trustee in terms of this section shall deprive the insolvent estate of any right to compensation for improvements, other than improvements made in terms of an agreement with the lessor, made on the leased property during the period of the lease.
A stipulation in a lease that the lease shall terminate or be varied upon the sequestration of the estate of either party shall be null and void, but a stipulation in a lease which restricts or prohibits the transfer of any right under the lease or which provides for the termination or cancellation of the lease by reason of the death of the lessee or of his successor in title, shall bind the trustee of the insolvent estate of the lessee or of his successor in title, as if he were the lessee or the said successor, or the executor in the estate of the lessee or his said successor, as the case may be.
[Sub-s. (5) substituted by s. 14 of Act 16 of 1943.
The contracts of service of employees whose employer has been sequestrated are suspended with effect from the date of the granting of a sequestration order.
An employee whose contract of service is suspended is entitled to unemployment benefits in terms of section 35 of the Unemployment Insurance Act, 1966 (Act 30 of 1966), from the date of such suspension, subject to the provisions of that Act.
A trustee appointed in terms of section 56, or a liquidator appointed in terms of section 375 of the Companies Act, 1973 (Act 61 of 1973), or a liquidator who, in terms of section 74 of the Close Corporations Act, 1984 (Act 69 of 1984), remains in office after the first meeting and a co-liquidator, if any, appointed by the Master may terminate the contracts of service of employees, subject to subsections (5) and (7).
no employment benefit accrues to an employee in terms of the contract of service which is suspended.
the employees whose contracts of service were suspended in terms of subsection (1) and who are likely to be affected by the termination of the contract of service or their representatives nominated for that purpose, if there is no such trade union.
If any party referred to in subsection (5) wishes to make proposals concerning any matter contemplated in subsection (6), that party must submit written proposals to the trustee or liquidator within 21 days of the appointment of the trustee in terms of section 56, or the appointment of the liquidator in terms of section 375 of the Companies Act, 1973, or the appointment of a co-liquidator in terms of section 74 of the Close Corporations Act, 1984, or if a co-liquidator is not appointed, the date of the conclusion of the first meeting, unless the trustee or liquidator and an employee agree otherwise.
A creditor of the insolvent employer may, with the consent of the trustee, participate in any consultation contemplated in this section.
the date of the appointment of a co-liquidator in terms of section 74 of the Close Corporations Act, 1984, or if a co-liquidator is not appointed, the date of the conclusion of the first meeting.
in any other manner.
is entitled to claim compensation from the insolvent estate of his or her former employer for loss suffered by reason of the suspension or termination of a contract of service prior to its expiration.
An employee whose contract of service terminates or has been terminated in terms of this section is entitled to claim severance benefits from the estate of the insolvent employer in accordance with section 41 of the Basic Conditions of Employment Act, 1997 (Act 75 of 1997).
[S. 38 substituted by s. 1 of Act 33 of 2002.
Whenever the Master convenes any meeting of creditors as hereinafter provided, he shall appoint it to be held at such time and place as he considers to be most convenient for all parties concerned and may, if necessary, alter the time and place of any such meeting: Provided that he shall publish in the Gazette sufficient notice of any such alteration.
All meetings of creditors held in the district wherein there is a Master's office shall be presided over by the Master or an officer in the public service, designated, either generally or specially, by the Master for that purpose. Meetings of creditors held in any other district shall be held in accordance with the direction of the Master and shall be presided over by the magistrate of the district, or by an officer in the public service, designated, either generally or specially, by the magistrate for that purpose.
[Sub-s. (2) substituted by s. 7 of Act 99 of 1965.
The officer presiding at such a meeting shall keep a record of the proceedings, which he shall certify at the conclusion of the proceedings, and if he is not the Master, he shall transmit the record to the Master.
If at a meeting of creditors held in a district where there is no Master, an officer other than the magistrate presides, the presiding officer shall state in the record of the proceedings the reason for the magistrate's absence.
The officer presiding at a meeting of creditors may, if necessary or desirable, adjourn the meeting from time to time.
The place where a meeting of creditors is held shall be accessible to the public and the publication of any statement made at such a meeting shall be privileged to the same extent as in the publication of a statement made in a court of law.
On the receipt of an order of the court sequestrating an estate finally, the Master shall immediately convene by notice in the Gazette , a first meeting of the creditors of the estate for the proof of their claims against the estate and for the election of a trustee.
The Master shall publish such notice on a date not less than ten days before the date upon which the meeting is to be held and shall in such notice state the time and place at which the meeting is to be held.
After the first meeting of creditors and the appointment of a trustee, the Master shall appoint a second meeting of creditors for the proof of claims against the estate, and for the purpose of receiving the report of the trustee on the affairs and condition of the estate and giving the trustee directions in connection with the administration of the estate.
The trustee shall convene the second meeting of creditors by notice in the Gazette and in one or more newspapers circulating in the district in which the insolvent resides or his principal place of business is situate.
Whenever the notice referred to in paragraph (b) is published in any newspaper, the publication shall take place simultaneously in the Afrikaans language and in the English language and in the case of each such language in a newspaper circulating in the district referred to in the said paragraph which appears mainly in that language and the publication in each such language shall as far as practicable occupy the same amount of space: Provided that where in the district in question any newspaper appears substantially in both such languages publication in both such languages may take place in that newspaper.
[Sub-s. (3) substituted by s. 8 of Act 99 of 1965.
The trustee of an insolvent estate may at any time and shall, whenever he is so required by the Master or by a creditor or creditors representing one-fourth of the value of all claims proved against the estate, convene in the manner prescribed by subsection (3) of section forty , a meeting of creditors (hereinafter called a general meeting of creditors) for the purpose of giving him directions concerning any matter relating to the administration of the estate and shall state in such notice the matters to be dealt with at that meeting.
[S. 41 substituted by s. 9 of Act 99 of 1965.
After the second meeting of creditors the trustee shall convene by notice in the Gazette a special meeting of creditors for the proof of claims against the estate in question whenever he is thereto required by any interested person who at the same time tenders to the trustee payment of all expenses to be incurred in connection with such a meeting.
The trustee may at any time, and shall whenever he is thereto required by a creditor who has proved his claim against the estate, provided that the Master consents thereto, convene by notice in the Gazette a special meeting of creditors for the purpose of interrogating an insolvent, and at such interrogation the provisions of section 65 shall mutatis mutandis apply.
[Sub-s. (2) added by s. 3 of Act 27 of 1987.] [S. 42 substituted by s. 3 of Act 6 of 1972.
Any person who claims to be a creditor of an insolvent estate may register his name and address in the Republic, with the trustee of that estate upon payment to the trustee of a fee of R25. Thereupon the trustee shall send to that address a notice of every meeting of creditors of that estate, a copy of every account which he is submitting to the Master and a notice of the date, time and place of the sale of any property over which the creditor has a preferent right by virtue of a special mortgage, pledge or right of retention or a landlord's tacit or legal hypothec. Failure on the part of the trustee to comply with a provision of this section shall constitute a failure to perform his duties but shall not invalidate anything done under this Act.
[S. 43 substituted by s. 10 of Act 99 of 1965 and amended by s. 3 of Act 101 of 1983.
Any person or the representative of any person who has a liquidated claim against an insolvent estate, the cause of which arose before the sequestration of that estate, may, at any time before the final distribution of that estate in terms of section one hundred and thirteen , but subject to the provisions of section one hundred and four , prove that claim in the manner hereinafter provided: Provided that no claim shall be proved against an estate after the expiration of a period of three months as from the conclusion of the second meeting of creditors of the estate, except with leave of the Court or the Master, and on payment of such sum to cover the cost or any part thereof, occasioned by the late proof of the claim, as the Court or Master may direct.
[Sub-s. (2) deleted by s. 4 of Act 101 of 1983.
A claim made against an insolvent estate shall be proved at a meeting of the creditors of that estate to the satisfaction of the officer presiding at that meeting, who shall admit or reject the claim: Provided that the rejection of a claim shall not debar the claimant from proving that claim at a subsequent meeting of creditors or from establishing his claim by an action at law, but subject to the provisions of section seventy-five : and provided further that if a creditor has twenty-four or more hours before the time advertised for the commencement of a meeting of creditors submitted to the officer who is to preside at that meeting the affidavit and other documents mentioned in subsection (4), he shall be deemed to have tendered proof of his claim at that meeting.
[Sub-s. (3) amended by s. 11 (a) of Act 99 of 1965.
Every such claim shall be proved by affidavit in a form corresponding substantially with Form C or D in the First Schedule to this Act. That affidavit may be made by the creditor or by any person fully cognizant of the claim, who shall set forth in the affidavit the facts upon which his knowledge of the claim is based and the nature and particulars of the claim, whether it was acquired by cession after the institution of the proceedings by which the estate was sequestrated, and if the creditor holds security therefor, the nature and particulars of that security and in the case of security other than movable property which he has realized in terms of section eighty-three , the amount at which he values the security. The said affidavit or a copy thereof and any documents submitted in support of the claim shall be delivered at the office of the officer who is to preside at the meeting of creditors not later than twenty-four hours before the advertised time of the meeting at which the creditor concerned intends to prove the claim, failing which the claim shall not be admitted to proof at that meeting, unless the presiding officer is of opinion that through no fault of the creditor he has been unable to deliver such evidences of his claim within the prescribed period: Provided that if a creditor has proved an incorrect claim, he may, with the consent in writing of the Master given after consultation with the trustee and on such conditions as the Master may think fit to impose correct his claim or submit a fresh correct claim.
[Sub-s. (4) amended by s. 15 of Act 16 of 1943 and substituted by s. 11 (b) of Act 99 of 1965.
Any document by this section required to be delivered before a meeting of creditors at the office of the officer who is to preside at that meeting, shall be open for inspection at such office during office hours free of charge by any creditor, the trustee or the insolvent or the representative of any of them.
A claim against an insolvent's estate for payment of the purchase price of goods sold and delivered to the insolvent on an open account shall not be admitted to proof unless a statement is submitted in support of such claim showing the monthly total and a brief description of the purchases and payments for the full period of trading or for the period of twelve months immediately before the date of sequestration, whichever is the lesser.
[Sub-s. (6) substituted by s. 11 (c) of Act 99 of 1965.
The officer presiding at any meeting of creditors may of his own motion or at the request of the trustee or his agent or at the request of any creditor who has proved his claim, or his agent, call upon any person present at the meeting who wishes to prove or who has at any time proved a claim against the estate to take an oath, to be administered by the said officer, and to submit to interrogation by the said officer or by the trustee or his agent or by a creditor or the agent of a creditor whose claim has been proved, in regard to the said claim.
If any person who wishes to prove or who has at any time proved a claim against the estate is absent from a meeting of creditors the officer who presided or who presides thereat, may summon him in writing to appear before him at a place and time stated in the summons, for the purpose of being interrogated by the said officer or by the trustee or his agent or by a creditor or the agent of a creditor whose claim has been proved, and if he appears in answer to the summons the provisions of subsection (7) shall apply.
If any such person fails without reasonable excuse to appear in answer to such summons or having appeared or when present at any meeting of creditors refuses to take the oath or to submit to the said interrogation or to answer fully and satisfactorily any lawful question put to him, his claim, if already proved, may be expunged by the Master, and if not yet proved, may be rejected.
After a meeting of creditors the officer who presided thereat shall deliver to the trustee every claim proved against the insolvent estate at that meeting and every document submitted in support of the claim.
The trustee shall examine all available books and documents relating to the insolvent estate for the purpose of ascertaining whether the estate in fact owes the claimant the amount claimed.
If the trustee disputes a claim after it has been proved against the estate at a meeting of creditors, he shall report the fact in writing to the Master and shall state in his report his reasons for disputing the claim. Thereupon the Master may confirm the claim, or he may, after having afforded the claimant an opportunity to substantiate his claim, reduce or disallow the claim, and if he has done so, he shall forthwith notify the claimant in writing: Provided that such reduction or disallowance shall not debar the claimant from establishing his claim by an action at law, but subject to the provisions of section seventy-five.
If two persons have entered into a transaction the result whereof is a set-off, wholly or in part, of debts which they owe one another and the estate of one of them is sequestrated within a period of six months after the taking place of the set-off, or if a person who had a claim against another person (hereinafter in this section referred to as the debtor) has ceded that claim to a third person against whom the debtor had a claim at the time of the cession, with the result that the one claim has been set-off, wholly or in part, against the other, and within a period of one year after the cession the estate of the debtor is sequestrated; then the trustee of the sequestrated estate may in either case abide by the set-off or he may, if the set-off was not effected in the ordinary course of business, with the approval of the Master disregard it and call upon the person concerned to pay to the estate the debt which he would owe it but for the set-off, and thereupon that person shall be obliged to pay that debt and may prove his claim against the estate as if no set-off had taken place: Provided that any set-off shall be effective and binding on the trustee of the insolvent estate if it takes place between an exchange or a market participant as defined in section 35A and any other party in accordance with the rules of such an exchange, or if it takes place under an agreement defined in section 35B.
[S. 46 amended by s. 2 of Act 32 of 1995.
If a creditor of an insolvent estate who is in possession of any property belonging to that estate, to which he has a right of retention or over which he has a landlord's legal hypothec, delivers that property to the trustee of that estate, at the latter's request, he shall not thereby lose the security afforded him by his right of retention or lose his legal hypothec, if, when delivering the property, he notifies the trustee in writing of his rights and in due course proves his claim against the estate: Provided, that a right to retain any book or document of account which belongs to the insolvent estate or relates to the insolvent's affairs shall not afford any security or preference in connection with any claim against the estate.
If the condition is of such a nature that it will be fulfilled, if at all, within a year of the sequestration, the creditor may prove his claim, but he shall have no vote in respect of that claim at a meeting of creditors. If a dividend is awarded on such a claim it shall be paid by the trustee to the Master, who shall pay it to the creditor, if the condition has been fulfilled, and otherwise shall return it to the trustee for distribution among the other creditors.
If the condition is not such as is described in paragraph (a) , the creditor may call upon the trustee at a meeting of creditors to place a value upon the claim and the trustee shall thereupon lay before the officer presiding at that meeting a written valuation of the claim with the reasons therefor, and the presiding officer shall admit that claim at such value as he may determine, or reject it: Provided that when the condition has been fulfilled, before the confirmation, by the Master, in terms of section one hundred and twelve , of a trustee's account in the liquidation of the estate, the creditor may prove his claim as if it had been unconditional.
When the estate of a partnership and the estates of the partners in that partnership are under sequestration simultaneously, the creditors of the partnership shall not be entitled to prove claims against the estate of a partner and the creditors of a partner shall not be entitled to prove claims against the estate of the partnership; but the trustee of the estate of the partnership shall be entitled to any balance of a partner's estate that may remain over after satisfying the claims of the creditors of the partner's estate in so far as that balance is required to pay the partnership's debts and the trustee of the estate of a partner shall be entitled to any balance of the partnership's estate that may remain over after satisfying the claims of the creditors of the partnership estate, so far as that partner would have been entitled thereto, if his estate had not been sequestrated.
Nothing in this section shall be construed as preventing the Commissioner for the South African Revenue Service from proving in the manner provided in this Act a claim against the estate of a partnership in respect of any sum referred to in paragraph (b) of section one hundred and one , or any interest due on such sum.
[Sub-s. (2) added by s. 21 of Act 6 of 1963, substituted by s. 12 of Act 99 of 1965, amended by s. 1 of Act 49 of 1996 and substituted by s. 5 of Act 69 of 2002.
50 Arrear interest.
When a debt bearing interest became due before the sequestration of the debtor's estate, the creditor to whom that debt is owing may include in his claim against the debtor's estate in respect of that debt any interest thereon, which is in arrear, to the date of the sequestration.
If a person, before the sequestration of his estate, incurred a debt which is payable upon a date (hereinafter referred to as the due date) after the date of the sequestration, the creditor, towards whom the debt was incurred, may claim from the insolvent estate the full amount of that debt as if it were payable on the date of sequestration: Provided that if the debt bears no interest and a distribution account in the estate in question is confirmed by the Master in terms of section 112 before the due date, an amount shall be paid on that claim equal to the amount which would have been paid thereon under the distribution account if the debt had been payable on the date of sequestration, less eight per cent of that amount per annum, reckoned from the date of sequestration to the due date.
[Sub-s. (2) amended by s. 5 of Act 101 of 1983.
A creditor who has proved a claim against an insolvent estate may withdraw his claim by registered letters addressed to the Master and to the trustee and the latter shall in writing notify the other creditors of the withdrawal: Provided that the creditor so withdrawing his claim shall remain liable in terms of section one hundred and six for his pro rata share of the costs of sequestration and all costs lawfully incurred by the trustee in connection with the sequestration up to the time when he received the creditor's letter of withdrawal.
A creditor who has so withdrawn his claim may, by registered notice addressed to the Master and to the trustee, cancel his withdrawal, but if he does so, he shall not become liable for any costs in connection with the sequestration for which he was not liable at the time of cancellation and he shall not be entitled to any payment out of the estate in respect of his claim until all the other creditors who have proved their claims have been paid in full.
[Sub-s. (2) substituted by s. 13 of Act 99 of 1965.
Save as in this section and in section forty-eight is otherwise provided, every creditor of an insolvent estate shall be entitled to vote at any meeting of the creditors of that estate as soon as his claim against the estate has been proved.
The vote of any creditor shall be reckoned according to the value of his claim, except when it is provided in this Act that votes shall be reckoned in number.
The vote of a creditor shall in co case be reckoned in number, unless his or her claim is of the value of at least R1 000. [Sub-s. (3) substituted by s. 6 of Act 101 of 1983 and by s. 21 (1) of Act 20 of 2001.
A creditor may not vote in respect of any claim which was ceded to him after the commencement of the proceedings by which the estate was sequestrated.
A creditor holding any security for his claim shall, except in the election of a trustee and upon any matter affecting that security, be entitled to vote only in respect of the amount by which his claim exceeds the amount at which he valued his security when proving his claim, or if he did not value his security, in respect of the amount by which his claim exceeds the amount of the proceeds of the realization of his security in terms of section eighty-three.
A creditor may not vote on the question as to whether steps should be taken to contest his claim or preference. [Sub-s. (6) added by s. 16 of Act 16 of 1943.
A creditor may vote at a meeting of creditors upon all matters relating to the administration of the estate, but may not vote in regard to matters relating to the distribution of the assets of the estate, except for the purpose of directing the trustee to contest, compromise or admit any claim against the estate.
a person directly or indirectly having a pecuniary interest in the remuneration of such trustee or the person referred to in paragraph (a).
[Sub-s. (2) substituted by s. 14 (a) of Act 99 of 1965.
Every resolution of creditors at a meeting of creditors and the result of the voting on any matter as declared by the officer presiding at that meeting, shall be recorded upon the minutes of the meeting and shall be binding upon the trustee in so far as it is a direction to him; and no other direction of creditors shall be binding upon him.
Any direction by creditors which infringes the rights of any creditor may be set aside by the court on the application of the creditor whose rights are affected or of the trustee with the consent of the Master.
The majority of creditors (reckoned in number and in value) may direct the trustee to employ or not to employ a particular attorney or auctioneer in connection with the administration of the estate and if the trustee has reason to believe that it will not be in the interests of the estate to carry out such direction, he may submit the matter to the Master, whose decision, after considering any representations in writing by the trustee and the creditors, shall be final.
[Sub-s. (5) substituted by s. 14 (b) of Act 99 of 1965.
At the first meeting of the creditors of an insolvent estate the creditors who have proved their claims against the estate may elect one or two trustees.
Any person who has obtained a majority in number and in value of the votes of the creditors entitled to vote, who voted at such meeting, shall be elected trustees.
if one person has obtained a majority of votes in value and another a majority of votes in number, both such persons shall be deemed to be elected trustees, and if either person declines a joint trusteeship, the other shall be deemed to be elected sole trustee.
For the purposes of this section 'majority of votes in number' means a greater number of votes (apart from the value of the claims which they represent, but subject to the provisions of subsection (3) of section fifty-two) than has been obtained by any competitor and 'majority of votes in value' means votes representing claims of a greater aggregate value than the votes obtained by any competitor.
If at any meeting of creditors convened for the purpose of electing a trustee, no trustee is elected and the estate is not vested at the time of that meeting in a provisional trustee, the Master may, in accordance with policy determined by the Minister, appoint a trustee and if he or she does not so appoint a trustee, the Master or the insolvent with the Master's consent, may apply, at the cost of the estate, to the court by petition to set aside the sequestration and the court may make such order thereon as it thinks fit.
[Sub-s. (5) substituted by s. 5 of Act 16 of 2003.
[Para. (d) amended by s. 17 of Act 16 of 1943.
[Para. (i) substituted by s. 21 (1) of Act 20 of 2001.
[Para. (l) inserted by s. 15 of Act 99 of 1965.
any agent authorized specially or under a general power of attorney to vote for or on behalf of a creditor at a meeting of creditors of the estate concerned and acting or purporting to act under such special authority or general power of attorney.
[Para. (m) added by s. 15 of Act 99 of 1965.
56 Appointment of trustee.
If a trustee was elected at a meeting of creditors at which a person other than the Master presided, the election shall not be valid unless it has been confirmed by the Master.
Subject to the provisions of section fifty-seven , the Master shall, when a person so elected has given security to his satisfaction for the proper performance of his duties as trustee, confirm his election and appoint him as trustee by delivering to him a certificate of appointment, which shall be valid throughout the Republic.
[Sub-s. (2) amended by s. 18 of Act 16 of 1943 and substituted by s. 16 (a) of Act 99 of 1965.
On receipt of his certificate of appointment the trustee shall notify his appointment and address in the Gazette.
When two trustees have been appointed or when the Master has appointed a co-trustee in terms of section 57 (5) both or all three trustees shall act jointly in performing their functions as trustees and each of them shall be jointly and severally liable for every act performed by them jointly.
[NB: Sub-s. (4) has been substituted by s. 1 of the Insolvency Amendment Act 89 of 1989, which is not yet in operation. See PENDLEX.
Whenever the trustees in the estate disagree on any matter relating to the estate of which they are trustees, the matter shall be referred to the Master who shall determine the question in issue or give directions as to the procedure to be followed for the determination thereof.
[Sub-s. (5) substituted by s. 16 (b) of Act 99 of 1965.
Subject to the provisions of subsection (1) of section eighty-nine the cost of giving the security mentioned in subsection (2), to an amount which the Master considers reasonable, shall be paid out of the estate in question as part of the costs of sequestration.
When a trustee has, in the course of liquidating an insolvent estate accounted to the Master, to his satisfaction, for any property in the estate, the Master may consent to a reduction of the security mentioned in subsection (2) if he is satisfied that the reduced security will suffice to indemnify the estate or the creditors thereof against any maladministration by the trustee of the remaining property in the estate.
If a person who has been elected as trustee was not properly elected or is disqualified, under section fifty-five , from being elected or appointed a trustee or is disqualified from being a trustee of the estate in question or has failed to give within a period of seven days as from the date upon which he was notified that the Master had confirmed his election, or within such further period as the Master may allow, the security mentioned in subsection (2) of section fifty-six or if in the opinion of the Master the person elected as trustee should not be appointed as trustee to the estate in question, the Master shall give notice in writing to the person so elected that he declines to confirm his election or to appoint him as trustee and shall, in that notice, state his reason for declining to confirm his election or to appoint him: Provided that if the Master declines to confirm the election of a trustee because he is of the opinion that the person elected should not be appointed as trustee, it shall be sufficient if the Master states, in that notice, as such reason, that he is of the opinion that the person elected should not be appointed as trustee to the estate in question.
[Sub-s. (1) substituted by s. 17 (a) of Act 99 of 1965.
When the Master has declined to confirm the election of a trustee or to appoint a person elected as a trustee, or the Minister has under subsection (9) set aside the appointment of a trustee, the Master shall in accordance with the provisions of subsections (1) and (2) of section forty convene a meeting of creditors of the estate in question for the purpose of electing another trustee in the place of the person whose election as a trustee the Master declined to confirm or whom the Master declined to appoint or whose appointment as trustee has been so set aside. In the notice convening the meeting the Master shall state that he has declined to confirm the election of the person previously elected as trustee, or to appoint the person so elected, and the reasons therefor (but subject to the proviso to subsection (1)), or that the appointment of the person previously appointed as trustee has been set aside by the Minister, as the case may be, and that the meeting is convened for the purpose of electing another trustee. The Master shall post a copy of the notice to every creditor whose claim against the estate was previously proved and admitted.
[Sub-s. (2) substituted by s. 17 (a) of Act 99 of 1965.
A meeting mentioned in subsection (2) shall be deemed to be the continuation of a first meeting of creditors held after an adjournment thereof.
If the Master declines, for any reason mentioned in subsection (1), to confirm the election of a person who was elected as trustee at a meeting mentioned in subsection (2), or to appoint a person so elected, he or she shall act in accordance with the provisions of subsection (1) and thereupon, if the person whose election the Master declined to confirm or whom the Master declined to appoint, was elected as sole trustee, or if two trustees were elected and the Master did not appoint both or one of them, the Master shall, in accordance with policy determined by the Minister, appoint as trustee of the estate in question any other person who is not disqualified from being a trustee of that estate.
[Sub-s. (4) substituted by s. 6 (a) of Act 16 of 2003.
Whenever the Master considers it desirable, he or she may, in accordance with policy determined by the Minister, appoint a person not disqualified from holding the office of trustee who has given the security mentioned in section 56 (2) as a co-trustee with the trustee or trustees of an insolvent estate.
[Sub-s. (5) substituted by s. 6 (b) of Act 16 of 2003.
[NB: Sub-s. (5) has been substituted by s. 2 of the Insolvency Amendment Act 89 of 1989, a provision which will be put into operation by proclamation. See PENDLEX.
All the provisions of this Act, relating to a trustee shall apply to a trustee or a co-trustee appointed by the Master under this section.
Any person aggrieved by the appointment of a trustee or the refusal of the Master to confirm the election of a trustee or to appoint a person elected as a trustee, may within a period of seven days from the date of such appointment or refusal request the Master in writing to submit his or her reasons for such appointment or refusal to the Minister. [Sub-s. (7) added by s. 17 (b) of Act 99 of 1965 and substituted by s. 6 (c) of Act 16 of 2003.
The Master shall within seven days of the receipt by him of the request referred to in subsection (7) submit to the Minister, in writing, his reasons for such appointment or refusal together with any relevant documents, information or objections received by him.
[Sub-s. (8) added by s. 17 (b) of Act 99 of 1965.
The Minister may after consideration of the reasons referred to in subsection (8) and any representations made in writing by the person who made the request referred to in subsection (7) and of all relevant documents, information or objections submitted to him or the Master by any interested person, confirm, uphold or set aside the appointment or the refusal by the Master and, in the event of the refusal by the Master being set aside, direct the Master to confirm the election of the trustee concerned and to appoint him as trustee to the estate in question.
[Sub-s. (9) added by s. 17 (b) of Act 99 of 1965.
The decision of the Minister under subsection (9) shall be final.
[Sub-s. (10) added by s. 17 (b) of Act 99 of 1965.
if he is convicted of any offence and sentenced to serve any term of imprisonment without the option of a fine, or if he is convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document, or perjury.
been guilty of or privy to the splitting of claims for the purpose of increasing the number of votes.
that, in his opinion, the trustee is no longer suitable to be the trustee of the estate concerned.
[S. 60 substituted by s. 18 of Act 99 of 1965.
At the request of a trustee the Master may permit him to be absent from the Republic for a period longer than 60 days or may relieve him of his office, in either case upon such conditions as the Master may think fit to impose and subject to his giving such notice of his intention to be so absent from the Republic or to resign as the Master may direct.
[S. 61 substituted by s. 7 of Act 101 of 1983.
When a Court or the Master has removed one of two joint trustees from office, the Master may convene a meeting of the creditors of the estate in question for the purpose of electing a new trustee in the place of the trustee who was removed.
[Sub-s. (1) substituted by s. 19 (a) of Act 99 of 1965.
When a sole trustee has vacated his or her office or has been removed from office, has resigned or died, the Master shall convene a meeting of the creditors of the estate in question for the purpose of electing a new trustee, and in the meantime the Master may, in accordance with policy determined by the Minister, appoint a provisional trustee for the preservation of the estate.
[Sub-s. (2) substituted by s. 7 of Act 16 of 2003.
When one of two joint trustees has vacated his office or has resigned or died the Master may convene a meeting of the creditors of the estate in question for the purpose of electing a new trustee in the place of the trustee who has vacated his office or has resigned or died.
[Sub-s. (3) substituted by s. 19 (b) of Act 99 of 1965.
The provisions of section fifty-four shall apply in connection with the election of a new trustee in terms of this section.
Every trustee or curator bonis shall be entitled to a reasonable remuneration for his services, to be taxed by the Master according to tariff B in the Second Schedule to this Act: Provided that the Master may, for good cause, reduce or increase his remuneration, or may disallow his remuneration either wholly or in part on account of any failure of or delay in the discharge of his duties or on account of any improper performance of his duties.
bis The Minister may by notice in the Gazette amend the said tariff B.
[Sub-s. (1) bis inserted by s. 12 of Act 50 of 1956, amended by ss. 46 and 47 of Act 97 of 1986 and substituted by s. 8 of Act 16 of 2003.
A person who employs or is a fellow employee or is ordinarily in the employment of the trustee shall not be entitled to any remuneration out of the insolvent estate for services rendered to the estate, and a trustee or his partner shall not be entitled to any remuneration out of the estate for services rendered to the estate, except the remuneration to which under this Act he is entitled as trustee.
An insolvent shall attend the first and second meetings of the creditors of his estate and every adjourned first and second meeting, unless he has previously obtained the written permission of the officer who is to preside or who presides at such meeting granted after consultation with the trustee to absent himself. The insolvent shall also attend any subsequent meeting of creditors if required so to do by written notice of the trustee of his estate.
The officer who is to preside or who presides at any meeting of creditors may summon any person who is known or upon reasonable ground believed to be or to have been in possession of any property which belonged to the insolvent before the sequestration of his estate or which belongs or belonged to the insolvent estate or to the spouse of the insolvent or to be indebted to the estate, or any person (including the insolvent's spouse) who in the opinion of said officer may be able to give any material information concerning the insolvent or his affairs (whether before or after the sequestration of his estate) or concerning any property belonging to the estate or concerning the business, affairs or property of the insolvent's spouse, to appear at such meeting or adjourned meeting for the purpose of being interrogated under section sixty-five.
The said officer may also summon any person who is known or upon reasonable grounds believed to have in his possession or custody or under his control any book or document containing any such information as is mentioned in subsection (2), to produce that book or document, or an extract therefrom at any such meeting of creditors.
At any meeting of the creditors of an insolvent estate the officer presiding thereat may call and administer the oath to the insolvent and any other person present at the meeting who was or might have been summoned in terms of subsection (2) of section sixty-four and the said officer, the trustee and any creditor who has proved a claim against the estate or the agent of any of them may interrogate a person so called and sworn concerning all matters relating to the insolvent or his business or affairs, whether before or after the sequestration of his estate, and concerning any property belonging to his estate, and concerning the business, affairs or property of his or her spouse: Provided that the presiding officer shall disallow any question which is irrelevant and may disallow any question which would prolong the interrogation unnecessarily.
In connection with the production of any book or document in compliance with a summons issued under subsection (3) of section sixty-four or at an interrogation of a person under subsection (1) of this section, the law relating to privilege as applicable to a witness summoned to produce a book or document or giving evidence in a court of law, shall apply: Provided that a banker at whose bank the insolvent in question or his or her spouse keeps or at any time kept an account, shall be obliged to produce, if summoned to do so under subsection (3) of section sixty-four , any cheque in his possession which was drawn by the insolvent or his or her spouse within one year before the sequestration of the insolvent's estate, or if any cheque so drawn is not available, then any record of the payment, date of payment and amount of that cheque which may be available to him, or a copy of such record and if called upon to do so, to give any other information available to him in connection with such cheque or the account of the insolvent or his or her spouse; and provided further that a person interrogated under subsection (1) shall not be entitled at such interrogation to refuse to answer any question upon the ground that the answer would tend to incriminate him or upon the ground that he is to be tried on a criminal charge and may be prejudiced at such a trial by his answer.
[Sub-s. (2) amended, by s. 3 (a) of Act 89 of 1989.
(a) Where any person gives evidence in terms of the provisions of this section and is obliged to answer questions which may incriminate him or, where he is to be tried on a criminal charge, may prejudice him at such trial, the presiding officer shall, notwithstanding the provisions of section 39 (6), order that such part of the proceedings be held in camera and that no information regarding such questions and answers may be published in any manner whatsoever.
No evidence regarding any questions and answers contemplated in paragraph (a) shall be admissible in any criminal proceedings, except in criminal proceedings where the person concerned stands trial on a charge relating to the administering or taking of an oath or the administering or making of an affirmation or the giving of false evidence or the making of a false statement in connection with such questions and answers, and in criminal proceedings contemplated in section 139 (1) relating to a failure to answer lawful questions fully and satisfactorily.
Any person who contravenes any provision of an order contemplated in paragraph (a) , shall be guilty of an offence and liable on conviction to the penalty mentioned in subsection (5) of section 154 of the Criminal Procedure Act, 1977 (Act 51 of 1977).
[Sub-s. (2A) inserted by s. 3 (b) of Act 89 of 1989.
The presiding officer shall record or cause to be recorded in the manner provided by the rules of court for the recording of evidence in a civil case before a magistrate's court the statement of any person giving evidence under this section: Provided that if a person who may be required to give evidence under this section made to the trustee or his agent a statement which was reduced to writing, or delivered a statement in writing to the trustee or his agent, that statement may be read by or read over to that person when he is called as a witness under this section and if then adhered to by him, shall be deemed to be evidence given under this section.
[Sub-s. (3) amended by s. 20 of Act 99 of 1965.
The insolvent shall at such interrogation be required to make a declaration that he has made a full and true disclosure of all his affairs.
Any evidence given under this section shall, subject to the provisions of subsection (2A), be admissible in any proceedings instituted against the person who gave that evidence. [Sub-s. (5) substituted by s. 3 (c) of Act 89 of 1989.
Any person called upon to give evidence under this section may be assisted at his interrogation by counsel, an attorney or agent.
Any person summoned to attend a meeting of creditors for the purpose of being interrogated under this section (other than the insolvent and his or her spouse) shall be entitled to witness fees to be paid out of the estate, to which he would be entitled if he were a witness in any civil proceedings in a court of law.
If the insolvent or his or her spouse is called upon to attend any meeting of creditors held after the second meeting or an adjourned second meeting, he or she shall be entitled to an allowance out of the insolvent estate to defray his or her necessary expenses in connection with such attendance.
If a person summoned under section sixty-four fails to appear at a meeting of creditors, in answer to the summons, or if an insolvent fails to attend any meeting of creditors in terms of subsection (1) of section sixty-four , or fails to remain in attendance at that meeting, the officer presiding at such meeting may issue a warrant, authorizing any member of the police force to apprehend the person summoned or the insolvent, as the case may be, and to bring him before the said officer.
[Sub-s. (1) substituted by s. 21 of Act 99 of 1965.
Unless the person summoned or the insolvent, as the case may be, satisfies the said officer that he had a reasonable excuse for his failure to appear at or attend such meeting, or for absenting himself from the meeting, the said officer may commit him to prison to be detained there until such time as the said officer may appoint, and the officer in charge of the prison to which the said person or insolvent was committed, shall detain him and produce him at the time and place appointed by the first-mentioned officer for his production.
[Sub-s. (2) substituted by s. 21 of Act 99 of 1965.
If a person summoned as aforesaid, appears in answer to the summons but fails to produce any book or document which he was summoned to produce, or if any person who may be interrogated at a meeting of creditors in terms of subsection (1) of section sixty-five refuses to be sworn by the officer presiding at a meeting of creditors at which he is called upon to give evidence or refuses to answer any question lawfully put to him under the said section or does not answer the question fully and satisfactorily, the officer may issue a warrant committing the said person to prison, where he shall be detained until he has undertaken to do what is required of him, but subject to the provisions of subsection (5).
If a person who has been released from prison after having undertaken in terms of subsection (3) to do what is required of him, fails to fulfil his undertaking, the said officer may commit him to prison as often as may be necessary to compel him to do what is required of him.
Any person committed to prison under this section may apply to the court for his discharge from custody and the court may order his discharge if it finds that he was wrongfully committed to prison or is being wrongfully detained.
In connection with the apprehension of a person or with the committal of a person to prison under this section, the officer who issued the warrant of apprehension or committal to prison shall enjoy the same immunity which is enjoyed by a judicial officer in connection with any act performed by him in the exercise of his functions.
If it appears from any statement made at an interrogation under section sixty-five that there are reasonable grounds for suspecting that any person has committed any offence the Master shall transmit the said statement, or a certified copy thereof, and all necessary documents to the Attorney-General in whose area of jurisdiction the interrogation was held or the offence is suspected to have been committed, to enable him to determine whether any criminal proceedings shall be instituted in the matter.
[Sub-s. (1) amended by s. 19 of Act 16 of 1943 and substituted by s. 22 of Act 99 of 1965.
When any such statement has been made at a meeting at which an officer other than the Master presided, the presiding officer, when transmitting the record of the proceedings to the Master, in terms of subsection (3) of section thirty-nine , shall direct the attention of the Master to what appears to him to be reasonable grounds for suspecting that the insolvent has been guilty of a contravention of this Act.
For the purposes of this section and sections sixty-four and sixty-five , a person who was, before the sequestration of an estate, an executor, curator or administrator of that estate, shall after the sequestration of that estate, be deemed to be an insolvent in relation to that estate.
Any record purporting to be a record of any proceedings at a meeting of the creditors of an insolvent estate held under this Act and purporting to have been signed by a person describing himself as Master, magistrate or other presiding officer shall, upon its mere production by any person, be received as prima facie evidence of the proceedings recorded therein.
Unless the contrary is proved, it shall be presumed that any meeting, of the proceedings whereat there was kept and signed such a record as is mentioned in subsection (1), was duly convened and held and that all acts performed thereat were validly performed.
A trustee shall, as soon as possible after his appointment, but not before the deputysheriff has made the inventory referred to in subsection (1) of section nineteen , take into his possession or under his control all movable property, books and documents belonging to the estate of which he is trustee and shall furnish the Master with a valuation of such movable property by an appraiser appointed under any law relating to the administration of the estates of deceased persons or by a person approved of by the Master for the purpose.
[Sub-s. (1) substituted by s. 23 of Act 99 of 1965.
If the trustee has reason to believe that any such property, book or document is concealed or otherwise unlawfully withheld from him, he may apply to the magistrate having jurisdiction for a search warrant mentioned in subsection (3).
If it appears to a magistrate to whom such application is made, from a statement made upon oath, that there are reasonable grounds for suspecting that any property, book or document belonging to an insolvent estate is concealed upon any person, or at any place or upon or in any vehicle or vessel or receptacle of whatever nature, or is otherwise unlawfully withheld from the trustee concerned, within the area of the magistrate's jurisdiction, he may issue a warrant to search for and take possession of that property, book or document.
Such a warrant shall be executed in a like manner as a warrant to search for stolen property, and the person executing the warrant shall deliver any article seized thereunder to the trustee.
Whenever required by the Master to do so, the trustee shall in writing notify the Master of the banking institution or building society and the office, branch office or agency thereof with which he has opened an account referred to in subsection (1) and furnish the Master with a bank statement or other sufficient evidence of the state of the account.
A trustee referred to in subsection (2) shall not transfer any account so referred to from any such office, branch office or agency to any other such office, branch office or agency except after written notice to the Master.
[Sub-s. (3) substituted by s. 8 (b) of Act 101 of 1983.
All cheques or orders drawn upon any such account shall contain the name of the payee and the cause of payment and shall be drawn to order and be signed by every trustee or his duly authorized agent.
The Master and any surety for the trustee, or any person authorized by such surety, shall have the same right to information in regard to that account as the trustee himself possesses, and may examine all vouchers in relation thereto, whether in the hands of the banking institution or building society or of the trustee.
The Master may, after notice to the trustee, in writing direct the manager of any office, branch office or agency with which an account referred to in subsection (1) has been opened, to pay over into the Guardians' Fund all moneys standing to the credit of that account at the time of the receipt, by the said manager, of that direction, and all moneys which may thereafter be paid into that account, and the said manager shall carry out that direction.
may place moneys deposited in the account referred to in paragraph (a) and not immediately required for the payment of any claim against the estate, on interest-bearing deposit with a banking institution or building society within the Republic.
[Sub-s. (1) substituted by s. 8 (a) of Act 101 of 1983.
[S. 70 substituted by s. 4 of Act 6 of 1972.
Immediately after his appointment the trustee of an insolvent estate shall open a book wherein he shall enter as soon as possible a statement of all moneys, goods, books, accounts and other documents received by him on behalf of the estate.
The Master may at any time direct the trustee in writing to produce the said book for inspection and every creditor who has proved his claim against the estate, and, if the Master so orders, every person claiming to be a creditor or a surety for the trustee may inspect the said book at all reasonable times.
A trustee who, without lawful cause, retains any money exceeding twenty pounds belonging to the estate of which he is trustee, or knowingly permits his co-trustee to retain such a sum of money longer than the earliest day after its receipt on which it was possible for him or his co-trustee to pay that money into a bank, or who uses or knowingly permits his cotrustee to use any property of the estate except for the benefit of the estate, shall, in addition to any other penalty to which he may be liable, be liable to pay into the estate an amount equal to double the amount so retained or double the value of the property so used.
The amount which a trustee is so liable to pay may be deducted from any claim which the said trustee may have against the estate in question or may be recovered from him by action in a court of law at the instance of his co-trustee, the Master or any creditor of the estate who has proved his claim.
A person whose estate is sequestrated while he is, in terms or subsection (1) indebted to an estate of which he was trustee for any sum of money which he misappropriated from that estate, shall be for ever incapable of holding the office of trustee, provisional trustee, liquidator, curator dative, tutor dative, curator bonis , or executor dative.
if it is not likely that there will be any surplus after the distribution of the estate, may at any time before the submission of his or her accounts obtain written authorization from the creditors for any legal work performed by any attorney or counsel, and all costs incurred by the trustee, including any costs awarded against the estate in legal proceedings instituted on behalf of or against the estate, in so far as such costs result from any steps taken by the trustee under this subsection, shall be included in the cost of the sequestration of the estate.
Subject to the provisions of subsection (3), costs incurred under this section, except costs awarded against the estate in legal proceedings, shall not be subject to taxation by the taxing master of the court if the trustee has entered into any written agreement in terms of which the fees of any attorney or counsel will be determined in accordance with a specific tariff: Provided that no contingency fees agreement referred to in section 2 (1) of the Contingency Fees Act, 1997 (Act 66 of 1997), shall be entered into without the express prior written authorization of the creditors.
there is any dispute as to the fees payable in terms of such an agreement, the costs shall be taxed by the taxing master of the High Court having jurisdiction or, where the costs are not subject to taxation by the said taxing master, such costs shall be assessed by the law society or bar council concerned or, where the counsel concerned is not a member of any bar council, by the body or person designated under section 5 (1) of the Contingency Fees Act, 1997.
Notwithstanding anything to the contrary contained in this Act, the Master may disallow any costs incurred under this section if the Master is of the opinion that any such costs are incorrect or improper or that the trustee acted in bad faith, negligently or unreasonably in incurring any such costs.
that, to the best of his or her knowledge and belief, the attorney or counsel concerned has not overreached him or her.
[S. 73 amended by s. 20 of Act 16 of 1943, by s. 24 of Act 99 of 1965, by s. 1 of Act 78 of 1980 and substituted by s. 1 of Act 34 of 1998.
If it appears to the court that any attorney or counsel has, with intent to benefit himself, improperly advised the institution, defence or conducting of legal proceedings by or against an insolvent estate or has incurred any unnecessary expense therein, the court may order the whole or part of the expense thereby incurred to be borne by that attorney or counsel personally.
Any civil legal proceedings instituted against a debtor before the sequestration of his estate shall lapse upon the expiration of a period of three weeks as from the date of the first meeting of the creditors of that estate, unless the person who instituted those proceedings gave notice, within that period, to the trustee of that estate, or if no trustee has been appointed, to the Master, that he intends to continue those proceedings, and after the expiration of a period of three weeks as from the date of such notice, prosecutes those proceedings with reasonable expedition: Provided that the court in which the proceedings are pending may permit the said person (on such conditions as it may think fit to impose) to continue those proceedings even though he failed to give such notice within the said period, if it finds that there was a reasonable excuse for such failure.
After the confirmation, by the Master, of any trustee's account in an insolvent estate in terms of section one hundred and twelve , no person shall institute any legal proceedings against that estate in respect of any liability which arose before its sequestration: Provided that the court in which it is sought to institute proceedings may, on such conditions as it may think fit to impose, but subject to the provisions of the said section, permit the institution of such proceedings after the said confirmation, if it finds that there was a reasonable excuse for the delay in instituting such proceedings.
Whenever a trustee of an insolvent estate has vacated his office or has been removed from office or has resigned or died, no legal proceedings previously instituted, in which the said estate is involved, shall lapse merely by reason of the vacating, removal, resignation or death.
The court in which any such proceedings are pending may, upon receiving notice of the vacating, removal, resignation or death, allow the name of the surviving or new trustee to be substituted for the name of the former, and the proceedings shall thereupon continue as if the surviving or new trustee had originally represented the estate in those proceedings.
of section fifty-six , call upon all persons indebted to the estate of which he is trustee to pay their debts within a period and at a place mentioned in that notice, and if any such person fails to do so, the trustee shall forthwith recover payment from him, if need be by legal proceedings.
The trustee may accept from a debtor of the insolvent estate who is unable to pay his or her debt in full, any reasonable part of the debt in discharge of the whole debt or grant any debtor of the estate an extension of time for the payment of his or her debt in so far as this is compatible with section 91: Provided that if the debt exceeds R2 000, the trustee shall not accept a part of the debt in discharge of the whole debt, unless he or she has been authorised thereto by the creditors of the estate, or if no creditor has proved a claim against the estate, by the Master.
[Sub-s. (1) amended by s. 9 of Act 101 of 1983 and substituted by s. 21 (1) of Act 20 of 2001.
If authorized thereto by the creditors, or if no creditor has proved a claim against the estate, by the Master, the trustee may submit to the determination of arbitrators any dispute concerning the estate or any claim or demand upon the estate, when the opposite party consents to arbitration.
If authorized thereto by the creditors or if no creditor has proved a claim against the estate, by the Master, the trustee may compromise or admit any claim against the estate, whether liquidated or unliquidated if proof thereof has been duly tendered at a meeting of creditors. When a claim has been so compromised or admitted, or when it has been settled by a judgment of a court, it shall be deemed to have been proved and admitted against the estate in the manner set forth in section forty-four , unless the creditor informs the trustee in writing within seven days of the compromise or admission or judgment that he abandons his claim: Provided that the preceding provisions of this subsection shall not debar the trustee from appealing against such judgment, if authorized thereto by the creditors.
[Sub-s. (3) amended by s. 21 of Act 16 of 1943.
At any time before the second meeting of creditors the trustee may, with the consent of the Master, allow the insolvent such moderate sum of money or such moderate quantity of goods out of the estate as may appear to the trustee to be necessary for the support of the insolvent and his dependants.
A trustee shall not carry on the business of the insolvent concerned or any part thereof unless authorized thereto by the creditors of the insolvent's estate or, in the absence of instructions from the creditors, by the Master. Such authorization may be given by the Master at any time, whether before or after the second meeting of creditors.
[Sub-s. (1) amended by s. 22 of Act 16 of 1943.
If the trustee is authorized to carry on any such business, he shall, unless the creditors have otherwise directed him, purchase for cash only and only out of the takings of that business any goods which he may require for that business.
At any time before the second meeting of creditors the trustee shall, if satisfied that any movable or immovable property of the estate ought forthwith to be sold, recommend to the Master in writing accordingly, stating his reasons for such recommendation.
The Master may thereupon authorize the sale of such property, or of any portion thereof, on such conditions and in such manner as he may direct: Provided that, if the Master has notice that such property or a portion thereof is subject to a right of preference, he shall not authorize the sale of such property or such portion, unless the person entitled to such right of preference has given his consent thereto in writing or the trustee has guaranteed that person against loss by such sale.
[S. 80 bis inserted by s. 23 of Act 16 of 1943 and substituted by s. 10 of Act 101 of 1983.
any matter in regard to the administration or realization of the estate requiring the direction of the creditors.
[Sub-s. (1) amended by s. 25 (a) of Act 99 of 1965.
bis (a) The trustee shall, at least fourteen days before the date specified in the notice in the Gazette for the holding of the meeting at which the report referred to in subsection (1) is to be submitted, send by registered post to each creditor of the estate whose name and address is known to him a copy of such report and of the inventory transmitted to him by the deputy sheriff under section nineteen and of the valuation furnished by him to the Master under section sixty-nine and shall submit therewith any recommendation in respect of any resolution or direction which in his opinion ought to be passed or given at such meeting.
The trustee shall at least twenty-four hours before the time advertised for the commencement of the meeting referred to in paragraph (a) submit to the officer who is to preside at that meeting an affidavit setting out the names and addresses of the creditors to whom copies of the report, inventory and valuation have been sent in terms of paragraph (a) and containing full particulars of each resolution and direction recommended by him to such creditors under the said paragraph.
[Sub-s. (1) bis inserted by s. 25 (b) of Act 99 of 1965.
For the purpose of any investigation mentioned in subsection (1) the Commissioner for Inland Revenue and the officers under him shall (notwithstanding the provisions of the law relating to income tax) permit a trustee to inspect any return rendered to the Commissioner by or on behalf of the insolvent in question in connection with income tax, and shall permit the trustee to make copies of any such return. At the request of the trustee the said Commissioner or any officer under him who is in charge of any such return shall certify as correct any such copy which is correct, and if any entry in such return is relevant in any proceedings, whether civil or criminal, in which the insolvent estate or the insolvent is involved, that return or a copy thereof, purporting to have been certified as aforesaid, shall be admissible in evidence in those proceedings, on its mere production by any person and any such certified copy shall have the same force and effect as the original return.
The creditors may, at the meeting in question, direct what action shall be taken by the trustee in respect of any matter reported to them under paragraph (e) , (f) , (g) , (h) or (i) of subsection (1).
If no directions have been given by the creditors at the second meeting of creditors, any resolution or direction alleged in the affidavit referred to in paragraph (a) of subsection (1) bis to have been recommended to the creditors of the estate and which could lawfully have been passed or given by the creditors at such meeting shall, if the Master so approves, be deemed to have been passed or given, as the case may be, by the creditors at such meeting.
Subject to the provisions of this Act, the Master may, if no directions have been given by the creditors at the second meeting of creditors, in addition to any resolution or direction approved of by him under paragraph (b) or if no such resolution or direction has been so approved of, give such directions relating to any matter reported to the creditors under subsection (1) or to the administration or realization of the estate as he thinks fit.
Notwithstanding the provisions of subsection (3) of section fifty-three , any resolution or direction approved under paragraph (b) and any direction given by the Master under paragraph (c) shall be binding upon the trustee.
[Sub-s. (3) substituted by s. 25 (c) of Act 99 of 1965.
The report referred to in subsection (1) shall contain full particulars of all the facts relating to any alleged contravention of this Act by the insolvent or the alleged commission by him of any offence reported in terms of paragraph (d) of that subsection and the trustee shall furnish such further information in regard thereto as the Master or the Attorney-General may require.
[Sub-s. (4) substituted by s. 25 (d) of Act 99 of 1965.
Subject to the provisions of sections eighty-three and ninety the trustee of an insolvent estate shall, as soon as he is authorized to do so at the second meeting of the creditors of that estate, sell all the property in that estate in such manner and upon such conditions as the creditors may direct: Provided that if any rights acquired from the State under a lease, licence, purchase, or allotment of land is an asset in that estate, the trustee shall, in his administration of the estate, act in accordance with those provisions (if any) which by the law under which the rights were acquired, are expressed to apply in the event of the sequestration of the estate of the person who acquired those rights: Provided that if the creditors have not prior to the final closing of the second meeting of creditors of that estate given any directions the trustee shall sell the property by public auction or public tender. A sale by public auction or public tender shall be after notice in the Gazette and after such other notices as the Master may direct and in the absence of directions from creditors as to the conditions of sale, upon such conditions as the Master may direct.
When the sale is by public tender, every tenderer shall transmit his tender in duplicate in a sealed envelope to the Master, or if the Master has so directed, to a magistrate specified by him. The Master or such magistrate shall keep each tender unopened until the expiry of the period for the lodging of tenders. He shall then open the sealed envelopes and, in the case of the Master, file one duplicate of each tender or, in the case of the magistrate, transmit one duplicate of each tender to the Master. The Master or the magistrate (as the case may be) shall forthwith transmit the other duplicate of each tender to the trustee. The Trustee or his representative shall have the right to be present when the Master or the magistrate opens the tenders.
and (4).
[Sub-ss. (3) and (4) deleted by s. 26 (a) of Act 99 of 1965.
After the opening of the tenders no further offer for the property in question shall be considered and unless the creditors have otherwise directed, or if they have given no directions, unless the Master has otherwise directed, the trustee shall accept the best tender or reject all the tenders and sell the property by public auction.
[Sub-s. (5) substituted by s. 26 (b) of Act 99 of 1965.
From the sale of the movable property shall be excepted the wearing apparel and bedding of the insolvent and the whole or such part of his household furniture, and tools and other essential means of subsistence as the creditors, or if no creditor has proved a claim against the estate, as the Master may determine and the insolvent shall be allowed to retain, for his own use any property so excepted from the sale.
The trustee or an auctioneer employed to sell property of the estate in question, or the trustee's or the auctioneer's spouse, partner, employer, employee or agent shall not acquire any property of the estate unless the acquisition is confirmed by an order of the court.
If any person other than a person mentioned in subsection (7) has purchased in good faith from an insolvent estate any property which was sold to him in contravention of this section, or if any person in good faith and for value acquired from a person mentioned in subsection (7) any property which the last mentioned person acquired from an insolvent estate in contravention of that subsection, the purchase or other acquisition shall nevertheless be valid, but the person who sold or otherwise disposed of the property shall be liable to make good to the estate twice the amount of the loss which the estate may have sustained as a result of the dealing with the property in contravention of this section.
A creditor of an insolvent estate who holds as security for his claim any movable property shall, before the second meeting of the creditors of that estate, give notice in writing of that fact to the Master, and to the trustee if one has been appointed.
If such property consists of a marketable security, a bill of exchange or a financial instrument as defined in section 1 of the Financial Markets Control Act, 1989 (Act 55 of 1989), the creditors may, after giving the notice mentioned in subsection (1) and before the second meeting of creditors, realize the property in the manner and on the conditions mentioned in subsection (8).
[Sub-s. (2) substituted by s. 30 (a) of Act 54 of 1991.
If such property does not consist of a marketable security or a bill of exchange, the trustee may, within seven days as from the receipt of the notice mentioned in subsection (1) or within seven days as from the date upon which the certificate of appointment issued by the Master in terms of subsection (1) of section eighteen or subsection (2) of section fifty-six reached him, whichever be the later, take over the property from the creditor at a value agreed upon between the trustee and the creditor or at the full amount of the creditor's claim, and if the trustee does not so take over the property the creditor may, after the expiration of the said period but before the said meeting, realize the property in the manner and on the conditions mentioned in subsection (8).
If no trustee has been appointed before the said meeting, the creditor may, with the permission in writing of the Master and before the said meeting, realize in manner and on the conditions mentioned in subsection (8) any such property which he is not entitled to realize in terms of subsection (2).
The creditor shall, as soon as possible after he has realized such property, prove in terms of section forty-four the claim thereby secured and he shall attach to the affidavit submitted in proof of his claim a statement of the proceeds of the realization and of the facts on which he relies for his preference.
If he has not so realized such property before the second meeting of creditors, he shall as soon as possible after the commencement of that meeting deliver the property to the trustee, for the benefit of the insolvent estate and if the creditor has not delivered the said property to the trustee within a period of three days as from the commencement of the said meeting the trustee may demand from him delivery of such property. If the creditor fails to comply with such demand of the trustee, the Master, at the request of the trustee and after notice to the creditor shall direct the deputy-sheriff within whose area of jurisdiction the property is situate to attach the property and to deliver it to the trustee, and in that case the creditor shall be liable for the deputy-sheriff's costs, as taxed and allowed by the Master. If those costs cannot be recovered from the creditor, they shall be paid out of the estate as part of the costs of the sequestration.
of section forty-four.
to give notice of a sale by public auction, the trustee shall give notice in writing to all the other creditors of the estate in question of the time and place of the proposed sale.
Whenever a creditor has realized his security as hereinbefore provided he shall forthwith pay the net proceeds of the realization to the trustee, or if there is no trustee, to the Master and thereafter the creditor shall be entitled to payment, out of such proceeds, of his preferent claim if such claim was proved and admitted as provided by section forty-four and the trustee or the Master is satisfied that the claim was in fact secured by the property so realized. If the trustee disputes the preference, the creditor may either lay before the Master an objection under section one hundred and eleven to the trustee's account, or apply to court, after notice or motion to the trustee, for an order compelling the trustee to pay him forthwith. Upon such application the court may make such order as to it seems just.
If a creditor has valued his security when proving his claim, the trustee, if authorized by the creditors, may, unless the creditor has realized his security in terms of subsection (2) or (3), within three months as from the date of his appointment or as from the date of the proof of the claim (whichever is the later) take over the property (whether movable or immovable) which constitutes the security at the value placed thereon by the creditor when his claim was proved: Provided that if two or more creditors have a pledge or special mortgage of the same property, a creditor who has valued his security shall be deemed to have valued, and the trustee shall be entitled to take over, only the preferent rights of the creditor in respect of the property, and not the property itself. If the trustee does not, within that period, take over the said property or security he shall realize it for the benefit of all creditors whose claims are secured thereby, according to their respective rights.
[Sub-s. (11) amended by s. 24 (a) of Act 16 of 1943 and substituted by s. 27 of Act 99 of 1965.
If the claim of a secured creditor exceeds the sum payable to him in respect of his security he shall be entitled to rank against the estate in respect of the excess, as an unsecured creditor, and if the net proceeds of any such property exceed all claims secured thereby the balance, after payment of those claims, shall be added to the other free residue (if any) in the estate in question.
The preceding provisions of this section shall apply mutatis mutandis in respect of any creditor for value of a solvent spouse mentioned in section twenty-one , who holds as security for his claim against that spouse any movable property belonging to that spouse.
[Para. (a) substituted by s. 30 (b) of Act 54 of 1991.
if it is any other property, the creditor may sell it by public auction after affording the trustee a reasonable opportunity to inspect it and after giving such notice of the time and place of the sale as the trustee directed.
[Sub-s. (13) substituted by s. 24 (b) of Act 16 of 1943.
If any property was delivered to a person (hereinafter referred to as the debtor) under a transaction that is an instalment agreement contemplated in paragraph (a) , (b) , and (c) (i) of the definition of 'instalment agreement' set out in section 1 of the National Credit Act, 2005 (Act 34 of 2005), such a transaction shall be regarded on the sequestration of the debtor's estate as creating in favour of the other party to the transaction (hereinafter referred to as the creditor) a hypothec over that property whereby the amount still due to him under the transaction is secured. The trustee of the debtor's insolvent estate shall, if required by the creditor, deliver the property to him, and thereupon the creditor shall be deemed to be holding that property as security for his claim and the provisions of section 83 shall apply.
[Sub-s. (1) amended by s. 172 (2) of Act 34 of 2005.
If the debtor returned the property to the creditor within a period of one month prior to the sequestration of the debtor's estate, the trustee may demand that the creditor deliver to him that property or the value thereof at the date when it was so returned to the creditor, subject to payment to the creditor by the trustee or to deduction from the value (as the case may be) of the difference between the total amount payable under the said transaction and the total amount actually paid thereunder. If the property is delivered to the trustee the provisions of subsection (1) shall apply.
[S. 84 amended by s. 23 of Act 36 of 1942, substituted by s. 11 of Act 101 of 1983 and amended by 172 (2) of Act 34 of 2005.
A tacit or legal hypothec (other than a landlord's legal hypothec or the hypothec mentioned in subsection (1) of section eighty-four) shall not confer any preferent right against an insolvent estate.
fifteen months in any other case.
[Sub-s. (2) amended by s. 25 of Act 16 of 1943.
No general mortgage bond registered after the thirty-first day of December, 1916, shall confer any preference in respect of immovable property, and no general clause in a mortgage bond hypothecating immovable property registered after the said date shall confer any preference in respect of any property: Provided that the preceding provisions of this section shall not affect any preference conferred by a general clause in any mortgage bond passed before the commencement of this Act by a widower or widow in favour of a Master, for the purpose of securing the payment to his or her child of any sum of money due to the child from the estate of the widower's or widow's deceased spouse.
[S. 86 amended by s. 26 of Act 16 of 1943.
Priority under any mortgage bond to secure the payment of future debts shall depend on the date of the registration of that mortgage bond, and not on the date upon which any such debt comes into existence.
A mortgage bond, other than a kustingbrief, whether special or general passed for the purpose of securing the payment of a debt not previously secured, which was incurred more than two months prior to the lodging of the bond with the registrar of deeds concerned for registration or for the purpose of securing the payment of a debt incurred in novation of or substitution for any such first-mentioned debt, shall not confer any preference if the estate of the mortgage debtor is sequestrated within a period of six months after such lodging: Provided that a mortgage bond shall be deemed not to have been lodged as aforesaid, if it was withdrawn from registration.
The cost of maintaining, conserving and realizing any property shall be paid out of the proceeds of that property, if sufficient and if insufficient and that property is subject to a special mortgage, landlord's legal hypothec, pledge, or right of retention the deficiency shall be paid by those creditors, pro rata , who have proved their claims and who would have been entitled, in priority to other persons, to payment of their claims out of those proceeds if they had been sufficient to cover the said cost and those claims. The trustee's remuneration in respect of any such property and a proportionate share of the costs incurred by the trustee in giving security for his proper administration of the estate, calculated on the proceeds of the sale of the property, a proportionate share of the Master's fees, and if the property is immovable, any tax as defined in subsection (5) which is or will become due thereon in respect of any period not exceeding two years immediately preceding the date of the sequestration of the estate in question and in respect of the period from that date to the date of the transfer of that property by the trustee of that estate, with any interest or penalty which may be due on the said tax in respect of any such period, shall form part of the costs of realization.
If a secured creditor (other than a secured creditor upon whose petition the estate in question was sequestrated) states in his affidavit submitted in support of his claim against the estate that he relies for the satisfaction of his claim solely on the proceeds of the property which constitutes his security, he shall not be liable for any costs of sequestration other than the costs specified in subsection (1), and other than costs for which he may be liable under paragraph (a) or (b) of the proviso to section one hundred and six.
Any interest due on a secured claim in respect of any period not exceeding two years immediately preceding the date of sequestration shall be likewise secured as if it were part of the capital sum.
Notwithstanding the provisions of any law which prohibits the transfer of any immovable property unless any tax as defined in subsection (5) due thereon has been paid, that law shall not debar the trustee of an insolvent estate from transferring any immovable property in that estate for the purpose of liquidating the estate, if he has paid the tax which may have been due on that property in respect of the periods mentioned in subsection (1) and no preference shall be accorded to any claim for such a tax in respect of any other period.
For the purposes of subsections (1) and (4) 'tax' in relation to immovable property means any amount payable periodically in respect of that property to the State or for the benefit of a provincial administration or to a body established by or under the authority of any law in discharge of a liability to make such periodical payments, if that liability is an incident of the ownership of that property.
[Sub-s. (5) amended by s. 27 of Act 16 of 1943 and by s. 1 of Act 49 of 1996.
The provisions of this Act shall not affect the provisions of any other law which confer powers and impose duties upon the Land and Agricultural Bank of South Africa in relation to any property belonging to an insolvent estate.
[S. 90 amended by s. 28 of Act 16 of 1943 and by s. 1 of Act 49 of 1996.
Subject to the provisions of sections one hundred and nine and one hundred and ten , a trustee shall within a period of six months as from the date of his appointment, submit to the Master a liquidation account and a plan of distribution of the proceeds of the property in the estate available for payment to creditors, or, if all realizable property in the estate has been realized and brought to account and the proceeds are insufficient to cover the costs and charges mentioned in section ninety-seven , a plan of contribution apportioning the liability for the deficiency among creditors who are liable to contribute.
[S. 91 substituted by s. 28 of Act 99 of 1965.
A liquidation account shall contain an accurate record of all moneys received and of all moneys disbursed by the trustee otherwise than in the course of a business which he carried on for the insolvent estate in question.
The record of each such receipt and disbursement shall set forth the amount and date thereof and sufficient particulars to explain its nature.
The liquidation account shall be accompanied by the trustee's bank pass book and by vouchers in support of the record of receipts and disbursements.
the reasons why that property has not been realized or those debts have not been collected.
In that event the trustee shall, from time to time and as the Master may direct, but at least once in every six months, unless he has received an extension of time as provided in section one hundred and nine , frame and submit to the Master periodical accounts in form and in all other respects similar to the account mentioned in subsections (1) and (2).
If the estate of a partnership is under sequestration, separate trustees' accounts shall be framed in the estate of the partnership and in the estate of each member of that partnership whose estate is under sequestration.
the result of his conduct of the business.
and shall make provision for the division of the proceeds of the property in the insolvent estate in the order of preference and in the manner set forth in sections ninety-five to one hundred and four inclusive.
The proceeds of any property which was subject to a special mortgage, landlord's legal hypothec, pledge or right of retention, after deduction therefrom of the costs mentioned in subsection (1) of section eighty-nine , shall be applied in satisfying the claims secured by the said property, in their order of preference, with interest thereon calculated in manner provided in subsection (2) of section one hundred and three from the date of sequestration to the date of payment, but subject to the provisions of subsection (4) of section ninety-six.
If a creditor whose claim is secured by a mortgage over immovable property belonging to the insolvent estate has not proved his claim and the trustee is not satisfied that the debt in question has been discharged or abandoned, he shall deposit with the Master for payment into the Guardians' Fund the proceeds of the sale of any such property to an amount not exceeding such capital amount of the said mortgage and such arrears of interest as the mortgagee would have had a preferent right to claim, after deduction of an amount equal to the costs which he would have had to pay if he had proved his claim and had stated in the affidavit submitted in support of his claim that he relied for the satisfaction of his claim solely on the proceeds of the sale of the said property. The amount so deposited or the part thereof to which the former mortgagee may be entitled shall be paid to him if, within a period of one year after confirmation in terms of section one hundred and twelve of the distribution account under which the money is distributed, he applies therefor to the Master and the Master is satisfied after proof of his claim, that he is entitled to the amount or part thereof.
Any amount deposited with the Master in terms of subsection (2) which has not been paid out to the former mortgagee, as in that subsection provided, shall after the expiry of the year mentioned in that subsection be distributed among the creditors who have proved claims against the insolvent estate prior to the confirmation of the said distribution account, as if the amount had, at the time of such confirmation, been available for distribution among them.
Any creditor claiming to be entitled to share in the said distribution shall make written application to the Master for payment of his or her share, and the Master may pay out to such creditor or may hand the money to the trustee, if any, for distribution among the creditors entitled thereto, or, if there is no trustee, may, in accordance with policy determined by the Minister, appoint a trustee on such conditions as he or she may think fit to impose for the purpose of making such distribution.
[Sub-s. (4) substituted by s. 9 of Act 16 of 2003.
Any trustee charged with the duty of making such a distribution shall submit to the Master a supplementary plan of distribution in respect thereof, and the provisions of this Act relating to a plan of distribution shall apply in respect of such supplementary plan.
Any free residue of an insolvent estate shall be applied in the first place in defraying the expenses of the funeral of the insolvent, if he died before the trustee's first plan of distribution was submitted to the Master in terms of section 91, and the expenses of the funeral of the insolvent's wife or minor child, if those expenses were incurred within the period of three months immediately preceding the sequestration of the insolvent's estate, but the amount payable under this subsection shall not exceed R300 in all. [Sub-s. (1) substituted by s. 29 of Act 99 of 1965 and by s. 12 (a) of Act 101 of 1983.
Thereafter any balance of the free residue shall be applied in defraying the death-bed expenses of the insolvent if they were incurred before the trustee's first plan of distribution was submitted to the Master in terms of section 91, and the death-bed expenses of the debtor's wife or minor child, if those expenses were incurred within the period of three months immediately preceding the sequestration of the insolvent's estate, but the amount payable under this subsection shall not exceed R300 in all.
[Sub-s. (2) substituted by s. 29 of Act 99 of 1965 and by s. 12 (b) of Act 101 of 1983.
In subsection (2) 'death-bed expenses' means expenses incurred for medical attendance, nursing, medicines and medical necessaries, and claims for those expenses shall rank pari passu and abate in equal proportion, if necessary.
[Sub-s. (3) substituted by s. 29 of Act 99 of 1965 and by s. 1 of Act 122 of 1998.
If the free residue of the estate is insufficient to defray the expenses mentioned in subsections (1) and (2), the deficiency shall be defrayed out of the proceeds of any other assets of the estate in proportion to their value.
of section eighty-nine.
In paragraph (c) of subsection (2) the expression 'taxed costs of sequestration' means the costs (as taxed by the registrar of the court) incurred in connection with the petition of the debtor for acceptance of the surrender of his estate or of a creditor for the sequestration of the debtor's estate, but it does not include the costs of opposition to such a petition, unless the court directs that they shall be included.
the following costs which shall rank pari passu and abate in equal proportions if necessary, that is to say: the taxed costs of sequestration (as defined in subsection (3), the fee mentioned in section 16 (5), the remuneration of the curator bonis and of the trustee and all other costs of administration and liquidation including such costs incurred by the trustee in giving security for his proper administration of the estate as the Master considers reasonable, in so far as they are not payable by a particular creditor in terms of section 89 (1), any expenses incurred by the Master or by a presiding officer in terms of section 53 (2) and the salary or wages of any person who was engaged by the curator bonis or the trustee in connection with the administration of the insolvent estate.
[Para. (c) substituted by s. 2 of Act 84 of 1984.
[Para. (b) substituted by s. 13 of Act 101 of 1983.
to a total amount not exceeding the proceeds of that property if that property was still under attachment or if the proceeds of the sale in execution of that property were still in the hands of the sheriff or messenger at the time of the sequestration of the insolvent's estate.
The attachment of any property in execution of any judgment shall, after the sequestration of the estate of the judgment debtor, not have the effect of conferring upon the judgment creditor, any other preference than the preference provided for in subsection (1).
[Sub-para. (iv) substituted by s. 2 of Act 33 of 2002.
any contributions which were payable * by the insolvent, including contributions which were payable in respect of any of his or her employees, and which were, immediately prior to the sequestration of the estate, owing by the insolvent, in his or her capacity as employer, to any pension, provident, medical aid, sick pay, holiday, unemployment or training scheme or fund, or to any similar scheme or fund.
paragraph (b) or any single scheme or fund, and different maximum amounts may be so determined in respect of different schemes or funds.
[Para. (a) substituted by s. 10 (a) of Act 16 of 2003.
In order to take into account subsequent fluctuations in the value of money, the Minister may from time to time supplement, amend or withdraw the relevant maximum amounts by like notice in the Gazette.
[Para. (b) substituted by s. 10 (a) of Act 16 of 2003.
The Minister may at any time replace a notice referred to in paragraph (a) with a new notice issued under the said paragraph (a) . [Para. (c) substituted by s. 10 (a) of Act 16 of 2003.
has caused to be forwarded to the National Economic, Development and Labour Council established by section 2 (1) of the National Economic, Development and Labour Council Act, 1994 (Act 35 of 1994), a copy of such draft.
[Para. (d) substituted by s. 10 (a) of Act 16 of 2003.
An employee shall be entitled to salary, wages, leave or other payments in terms of subsection (1) (a) even though he or she has not proved his or her claim therefor in terms of section 44, but the trustee may require such employee to submit an affidavit in support of his or her claim for such salary, wages, leave or payment.
The claim referred to in subsection (1) (a) (i) shall be preferred to the claims referred to in subsections (1) (a) (ii), (iii) and (iv) and (1) (b).
The claims referred to in subsection (1) (a) (ii), (iii) and (iv) shall be preferred to the claims referred to in subsection (1) (b) and shall rank equally and abate in equal proportions, if necessary.
The claims referred to in subsection (1) (b) shall rank equally and abate in equal proportions, if necessary.
in the case of schemes or funds, by reason of the fact that the sequestration of the employer's estate will make it impossible to achieve the objects of the schemes or funds.
' unemployment fund' does not include the unemployment insurance fund referred to in section 6 of the Unemployment Insurance Act, 1966 (Act 30 of 1966).
[Sub-s. (6) amended by s. 10 (b) of Act 16 of 2003.
[S. 98A inserted by s. 2 of Act 122 of 1998.
[Sub-para. (iii) substituted by s. 69 of Act 85 of 1974 and by s. 3 (a) of Act 139 of 1992.
[Sub-para. (iv) substituted by s. 30 (b) of Act 90 of 1972, by s. 69 of Act 85 of 1974 and by s. 3 (a) of Act 139 of 1992.
[Sub-para. (v) inserted by s. 30 (c) of Act 90 of 1972 and substituted by s. 69 of Act 85 of 1974.
[Para. (b) amended by s. 6 (a) of Act 69 of 2002.
[Para. (c A) inserted by s. 6 of Act 62 of 1973.
[Para. (c B) inserted by s. 9 of Act 29 of 1974.
(c C) the amount of any sales tax, interest, fine or penalty which in terms of the Sales Tax Act, 1978, was, immediately prior to the sequestration of the estate, due by the insolvent.
[Para. (c C) inserted by s. 50 of Act 103 of 1978.
(c D) the amount of value-added tax, interest, fine or penalty which in terms of the Value-Added Tax Act, 1991 (Act 89 of 1991), was due by the insolvent immediately prior to the sequestration of the estate.
[Para. (c D) inserted by s. 3 (b) of Act 139 of 1992.
[Para. (e) substituted by s. 6 (b) of Act 69 of 2002.
[Para. (f) deleted by s. 3 of Act 122 of 1998.
The claims referred to in subsection (1) shall rank pari passu and abate in equal proportion, if necessary.
[S. 99 amended by s. 29 of Act 16 of 1943 and substituted by s. 30 of Act 99 of 1965 and by s. 5 of Act 6 of 1972.
[S. 100 amended by s. 13 of Act 32 of 1952, by s. 31 of Act 99 of 1965, by s. 14 of Act 101 of 1983 and by s. 4 of Act 139 of 1992 and repealed by s. 4 of Act 122 of 1998.
[Para. (a) amended by s. 1 of Act 49 of 1996.
[Para. (a)bis inserted by s. 22 of Act 6 of 1963.
in the case of an insolvent partnership, so much of any tax due and payable by any partner as is referable to the taxable income derived by him from the partnership, the amount so referable being deemed to be a sum which bears to the total amount due by him as tax the same ratio as his taxable income derived from the partnership bears to his total taxable income from all sources within the Republic.
S. 101 substituted by s. 23 of Act 25 of 1940 and by s. 87 of Act 31 of 1941, amended by s.
30 of Act 16 of 1943 and substituted by s. 32 of Act 80 of 1961.
Thereafter any balance of the free residue shall be applied in the payment of any claims proved against the estate in question which were secured by a general mortgage bond, in their order of preference with interest thereon calculated in manner provided in subsection (2) of section one hundred and three.
if the unsecured or otherwise non-preferent claims have been paid in full, in the payment, thereafter, of interest on such claims from the date of sequestration to the date of payment, in proportion to the amount of each such claim.
The interest mentioned in subsection (1) shall be calculated at the rate of eight per cent per annum, unless the amount of any claim bears a higher rate of interest by virtue of a lawful stipulation in writing, when the interest on that amount shall be calculated at the stipulated rate of interest.
[Sub-s. (2) substituted by s. 15 of Act 101 of 1983.
Subject to the provisions of section 95 (2) and section 98A (3), a creditor of an insolvent estate who has not proved a claim against that estate before the date upon which the trustee of that estate submitted to the Master a plan of distribution in that estate, shall not be entitled to share in the distribution of assets brought up for distribution in that plan: Provided that the Master may, at any time before the confirmation of the said plan permit any such creditor who has proved his claim after the said date to share in the distribution of the said assets, if the Master is satisfied that the creditor has a reasonable excuse for the delay in proving his claim.
[Sub-s. (1) amended by s. 5 of Act 122 of 1998.
A creditor of an insolvent estate who proved a claim against that estate after the date upon which the trustee submitted to the Master a plan of distribution in that estate and who was not permitted to share in the distribution of assets under that plan, in terms of subsection (1), shall be entitled to be awarded under any further plan of distribution submitted to the Master after the proof of his claim, the amount which would have been awarded to him under the previous plan of distribution, if he had proved his claim prior to the submission of that plan to the Master: Provided that the Master is satisfied that the creditor had a reasonable excuse for the delay in proving his claim; and provided further that any creditor who was aware that proceedings had been instituted under section twenty-six , twenty-nine , thirty or thirty-one and who delayed proving his claim until the court had given judgment in those proceedings, shall not be entitled to share in the distribution of any money or the proceeds of any property recovered as a result of such proceedings.
If any creditor has under subsection (1) of section 32 taken proceedings to recover the value of property or a right under section 25 (4), to set aside any disposition of or dealing with property under section 26, 29, 30 or 31 or for the recovery of damages or a penalty under section 31, no creditor who was not a party to the proceedings shall derive any benefit from any moneys or from the proceeds of any property recovered as a result of such proceedings before the claim and costs of every creditor who was a party to such proceedings have been paid in full.
[Sub-s. (3) substituted by s. 6 of Act 122 of 1993.
the amount which he is liable to contribute, and shall make provision for all such contributions in accordance with the provisions of section one hundred and six.
if all the creditors who would have ranked upon the surplus of the free residue, if there had been any, have withdrawn their claims and, after payment of their contribution in terms of paragraph (b) there is still a deficiency, the remaining creditors whose claims have been proved against the estate shall, notwithstanding the fact that they would not have ranked upon the surplus of the free residue, if there had been any, be liable to make good such deficiency, each in proportion to the amount of his claim.
[S. 106 amended by s. 32 of Act 99 of 1965.
A trustee shall sign every account which he submits to the Master and he shall verify by his affidavit (which shall be free from stamp duty) that the account is a full and true account of the administration of the estate in question up to the date of the account and that, so far as he is aware, all the assets of the estate have been disclosed in the account.
If an insolvent resided or carried on business, before the sequestration of his estate, in a district (other than the district of Wynberg, Simonstown or Bellville in the Province of the Cape of Good Hope) in which there is no Master's office, the trustee of that estate shall transmit to the magistrate of that district or, if the insolvent resided or carried on business in a portion of that district in respect of which an additional or assistant magistrate permanently carries out the functions of the magistrate of that district at a place other than the seat of magistracy of that district, to such additional or assistant magistrate, a duplicate of every account which he submitted to the Master as hereinbefore provided.
[Sub-s. (1) amended by s. 20 of Act 62 of 1955.
The trustee shall, as soon as possible after he has submitted an account to the Master, give notice in the manner prescribed by paragraphs (b) and (c) of subsection (3) of section forty that he has so submitted such account and that the account will lie open for inspection by the creditors of the estate at the place or places and during the period stated in the notice.
[Sub-s. (2) substituted by s. 33 of Act 99 of 1965.
Every such account and every duplicate thereof transmitted to a magistrate shall be open for the inspection by creditors of the estate in question at the office of the Master and of such magistrate during a period of fourteen days as from the date of publication of the said notice in the Gazette.
A magistrate who has received a trustee's account shall cause to be affixed in a public place in or about his office a notice that he has received the account and that it will lie open for inspection in his office during a period stated in that notice.
After the expiration of the said period the magistrate shall endorse upon the account a certificate (which shall be free from stamp duty) that the account was open in his office for inspection as hereinbefore provided, and shall transmit the account to the Master.
send to each creditor of the estate who proved a claim against the estate, by registered post a copy of the affidavit referred to in paragraph (a) , and the Master may thereupon extend such period to a date determined by him.
if he is unable to submit such account, to submit an affidavit as contemplated in subsection (1) to the Master and to send a copy thereof to each creditor of the estate who proved a claim against that estate, within a period of 14 days from the date of the notice and the Master may, if the account concerned is not submitted and the said affidavit is submitted to him, after the expiration of the said period of 14 days extend such period to a date determined by him.
If the Master refuses to extend the said period under subsection (1) or (2) or does not so extend such period within a period of 14 days as from the date on which the affidavit referred to in subsection (1) has been submitted to him, the trustee may apply by motion to the court (after having given the Master notice of his intention to make the application) for an order extending the said period and the court may thereupon make such order as it thinks fit.
[S. 109 substituted by s. 16 of Act 101 of 1983.
If a trustee has funds in hand which, in the opinion of the Master, ought to be distributed among the creditors of the estate in question and the trustee has not submitted to the Master a plan for the distribution of those funds, the Master may direct him in writing to submit to him a plan for the distribution of those funds, although the period prescribed in section ninety-one may not have elapsed.
If a trustee has failed to submit an account to the Master within the period and in the manner hereinbefore prescribed, the Master may direct the trustee in writing to submit his account.
[Sub-s. (3) deleted by s. 34 of Act 99 of 1965.
The insolvent or any person interested in the estate may, at any time before the confirmation of the trustee's account, in terms of section one hundred and twelve , lay before the Master in writing any objection, with the reasons therefor, to that account.
when any such direction affects the interests of a person who has not lodged an objection with the Master, the account so amended shall again lie open for inspection by the creditors in the manner and with the notice hereinbefore prescribed, unless the person affected as aforesaid consents in writing to the immediate confirmation of the account.
[Sub-s. (2) amended by s. 35 of Act 99 of 1965.
the Master shall confirm the account and his confirmation shall be final save as against a person who may have been permitted by the court before any dividend has been paid under the account, to reopen it.
Immediately after the confirmation of a trustee's account, the trustee shall give notice of the confirmation in the Gazette and shall state in that notice according to the circumstances, that a dividend to creditors is in course of payment or that a contribution is in course of collection from the creditors and that every creditor liable to contribute is required to pay to the trustee the amount for which he is so liable.
If any contribution is payable, the trustee shall specify fully in that notice the address at which the payment of the contribution is to be made, and shall deliver or post a copy of the notice to every creditor liable to contribute.
Immediately after the confirmation of a trustee's account the trustee shall in accordance therewith distribute the estate or collect from each creditor liable to contribute the amount for which he is liable.
The trustee shall without delay lodge with the Master the receipts for dividends paid to creditors and if there is a contribution account the vouchers necessary to complete the account: Provided that a cheque purporting to be drawn payable to a creditor in respect of any dividend due to him and paid by the banker on whom it is drawn, may be accepted by the Master in lieu of any such receipt.
[Sub-s. (1) amended by s. 36 (a) of Act 99 of 1965.
If any such dividend has at the expiration of a period of two months as from the confirmation of the account under which it is payable, not been paid out to the creditor entitled thereto, the trustee shall immediately pay in the dividend to the Master who shall deposit it in the Guardians' Fund for account of the creditor.
[Sub-s. (3) deleted by s. 36 (b) of Act 99 of 1965.
[S. 115 repealed by s. 37 of Act 99 of 1965.
If after the confirmation of a final plan of distribution there is any surplus in an insolvent estate which is not required for the payment of claims, costs, charges or interest, the trustee shall, immediately after the confirmation of that account, pay that surplus over to the Master, who shall deposit it in the Guardians' Fund and after the rehabilitation of the insolvent shall pay it out to him at his request.
[Sub-s. (2) deleted by s. 38 of Act 99 of 1965.
If any trustee fails to submit any account to the Master as and when required by or under this Act, or to submit any vouchers in support of such account or to perform any other duty imposed upon him by this Act or to comply with any reasonable demand of the Master for information or proof required by him in connection with the liquidation or distribution of an estate, the Master or any person having an interest in the liquidation or distribution of the estate may, after giving the trustee not less than fourteen days' notice, apply to the court for an order directing the trustee to submit such account or any vouchers in support thereof or to perform such duty or to comply with such demand.
The costs adjudged to the Master or to such person shall, unless otherwise ordered by the Court, be payable by the trustee de bonis propriis.
[S. 116 bis inserted by s. 39 of Act 99 of 1965.
If a trustee has failed to comply with any order of the Court made under section one hundred and sixteen bis , the Court may direct that any sum of money which that trustee was ordered to pay be recovered by attachment and sale of the goods of the trustee and may further commit him to prison for contempt of the Court.
[Sub-s. (1) substituted by s. 40 of Act 99 of 1965.
If the court has ordered a trustee to pay out of his own means the costs of any proceedings instituted under any provision of this Act, and the person in whose favour the order was made is unable to recover those costs from the trustee, those costs shall be paid as part of the costs of the sequestration out of any assets of the estate in question, which have not yet been distributed among the creditors.
After the expiration of a period of thirty days as from the delivery or posting in a registered letter to any creditor of the notice mentioned in subsection (2) of section one hundred and thirteen , the trustee may take out a writ of execution in the magistrate's court in which the creditor could be sued for the contribution in question against any such creditor who, being liable to contribute under the plan of contribution, has failed to pay the amount of his liability.
Whenever a creditor liable to contribute under a plan of contribution is in the opinion of the Master and of the trustee unable to pay the contribution for which he is liable or whenever the trustee has incurred in connection with the recovery of any contribution any expenses which are in the opinion of the Master and of the trustee irrecoverable, the trustee shall as soon as practicable and in any event within such period as the Master may prescribe therefor, frame and submit to the Master a supplementary plan of contribution wherein he shall apportion the share of the creditor who is unable to pay or the expenses in question among the other creditors who are in the opinion of the Master and of the trustee able to pay.
The provisions of subsection (2) shall mutatis mutandis apply whenever a creditor liable to contribute under a first or further supplementary plan of distribution is, in the opinion of the Master and of the trustee, unable to pay the contribution for which he is liable, or whenever the trustee has incurred expenses in connection with the recovery of a contribution under a first or further supplementary plan of distribution which are, in the opinion of the Master and the trustee, irrecoverable by the trustee.
A trustee may, in lieu of complying with the requirements of section one hundred and eight in connection with any supplementary plan of contribution, furnish a copy of that plan to every creditor liable to contribute thereunder and thereupon the provisions of subsection (1) shall mutatis mutandis apply.
At any time after the first meeting of the creditors of an insolvent estate, the insolvent may submit to the trustee of his estate a written offer of composition.
If the trustee is of the opinion that the creditors will probably accept the offer of composition, he shall as soon as possible after receipt of the offer post in a registered letter or deliver to every creditor who has proved his claim, a copy of the offer with his report thereon.
If the trustee is of the opinion that there is no likelihood that the creditors will accept the offer of composition, he shall inform the insolvent that the offer is unacceptable and that he does not propose to send a copy thereof to the creditors.
The insolvent may thereupon appeal to the Master who, after having considered a report from the trustee, may, if he considers the offer of composition sufficient for submission to the creditors, direct the trustee to post or deliver a copy of the offer to every creditor who has proved his claim.
Whenever the trustee posts or delivers to the creditors a copy of an offer of composition in terms of the preceding provisions of this section, he shall simultaneously convene and give notice to the creditors of a meeting for the purpose of considering the said offer and any other matter mentioned in the notice.
The said meeting shall be convened for a date not earlier than fourteen days and not later than twenty-eight days after the date upon which the said notice is posted or delivered to any creditor.
If the offer of composition has been accepted by creditors whose votes amount to not less than three-fourths in value and three-fourths in number (calculated in accordance with the provisions of section fifty-two) of the votes of all the creditors who proved claims against the estate, and payment under the composition has been made or security for such payment has been given as specified in the composition, the insolvent shall be entitled to a certificate under the hand of the Master of the acceptance of the offer: Provided that no offer may be so accepted if it contains any condition whereby any creditor would obtain as against another creditor any benefit to which he would not have been entitled upon the distribution of the estate in the ordinary way; and provided further that any condition which makes the offer of composition or the fulfilment thereof or of any part thereof subject to the rehabilitation or to the consent of the creditors to the rehabilitation of the insolvent shall be of no effect, and provided also that if the composition provides for the giving of any security, the nature of that security shall be fully specified, and if it is to consist of a surety bond or guarantee, every surety shall be named.
[Sub-s. (7) amended by s. 31 of Act 16 of 1943.
In subsection (7) the word 'creditor' includes a creditor who has not proved a claim against the insolvent estate in question.
An offer of composition which has been accepted as aforesaid shall be binding upon the insolvent and upon all the creditors of the insolvent estate in so far as their claims are not secured or otherwise preferent but the right of any preferent creditor shall not be prejudiced thereby, except, in so far as he has expressly and in writing waived his preference.
If it be a condition of the composition that any property in the insolvent estate shall be restored to the insolvent, the acceptance of the composition shall divest the trustee of such property and re-invest the insolvent therewith as from the date upon which such property is in pursuance of the composition to be restored to the insolvent, but subject to any condition provided for in the composition.
A composition shall not affect the liability of a surety for the insolvent.
When the estate of a partnership and the estate of a partner in that partnership are simultaneously under sequestration, the acceptance of an offer of composition by the separate creditors of the partner shall not take effect until the expiration of a period of six weeks as from the date of a notice in writing of that acceptance given by the trustee of the partner's separate estate to the trustee of the partnership estate, or if the trustee of the partner's estate is also the trustee of the partnership estate, as from the date of the acceptance. The said notice shall be accompanied by a copy of the deed embodying the composition.
At any time during the said period of six weeks the trustee of the partnership estate may take over the assets of the estate of the insolvent partner if he fulfils the obligations of the insolvent partner in terms of the composition except obligations to render any service or obligations which only the insolvent partner can fulfil: Provided that if the composition provides for the giving of any specific security, the Master shall determine what other security the trustee of the partnership estate may give in lieu thereof.
A composition shall not be binding on the separate creditors of the spouse of the insolvent concerned; but upon the acceptance of the offer of composition the property or, if it has been realized, the proceeds of the property of that spouse shall be restored to her or him, without prejudice to the claims of the creditors of that spouse or to any right of preference of any of them at the time when the property was vested in the trustee: Provided that any movable property held as security by any such creditor when the property was vested in the trustee shall be restored to that creditor; and provided further that the proceeds of any security whatsoever which has been realized shall be paid to the person or persons entitled thereto, according to their rights.
Any moneys to be paid and anything to be done for the benefit of creditors in pursuance of a composition shall be paid and shall be done, as far as practicable, through the trustee: Provided that any creditor who has failed to prove his claim before the trustee has made a final distribution among those creditors who have proved their claims, shall be entitled to recover direct from the insolvent within six months as from the confirmation by the Master, of the account under which the distribution was made, any payments to which he may be entitled under the composition and the trustee shall have no duty in regard thereto and after the said distribution the creditor shall have no claim against the insolvent estate.
When a composition has been entered into between an insolvent and the creditors of his estate, the trustee of that estate shall frame a liquidation account and plan of distribution of the assets which are or will become available for distribution among the creditors under the composition, and all the provisions of this Act which relate to a liquidation account and plan of distribution and to the distribution of assets among creditors shall apply in connection with the first-mentioned liquidation account and plan of distribution, and with the first-mentioned assets.
of section one hundred and nineteen may apply to the court for an order for his rehabilitation: Provided that he has not less than three weeks before making the application, given, by advertisement in the Gazette notice of his intention to make the application and delivered or posted in a registered letter to the trustee of his estate a copy of that notice: and provided further that the said certificate shows that payment has been made or the security prescribed by subsection (7) of section one hundred and nineteen has been given for the payment of not less than ten shillings for every pound of every claim proved or to be proved against the estate of the insolvent.
[Sub-s. (1) amended by s. 32 (a) of Act 16 of 1943 and by s. 41 of Act 99 of 1965.
[Para. (c) amended by s. 32 (b) of Act 16 of 1943 and by s. 1 of Act 49 of 1996.
Provided that no application for rehabilitation under this subsection shall be granted before the expiration of a period of four years from the date of sequestration of the estate of the applicant, except upon the recommendation of the Master.
if his estate was not sequestrated under any law prior to the sequestration which he desires to end.
A trustee who has received a notice mentioned in subsection (1), (2), or (3) shall report to the Master any facts which in his opinion would justify the court in refusing, postponing, or qualifying the insolvent's rehabilitation.
At any time after the confirmation by the Master, of a plan of distribution providing for the payment in full of all claims proved against an insolvent estate, with interest thereon from the date of sequestration, calculated in terms of subsection (2) of section one hundred and three and of all the costs of sequestration, the insolvent concerned may apply to the court for his rehabilitation: Provided that he has not less than three weeks before making the application given notice in writing to the Master and to the trustee of his estate of his intention to make the application.
Not less than three weeks before applying to the court for his rehabilitation an insolvent shall furnish to the registrar of the court security, to the amount or value of R500, for the payment of the costs of any person who may oppose the rehabilitation and be awarded costs by the court.
[S. 125 substituted by s. 17 of Act 101 of 1983.
In support of an application for his rehabilitation, an insolvent shall submit his affidavit that he has made a complete surrender of his estate and has not granted or promised any benefit whatever to any person or entered into any secret agreement with intent to induce his trustee or any creditor not to oppose the rehabilitation. Such affidavit shall include a statement of his assets and liabilities and of his earnings at the date of the application. Information shall also be laid before the court as to what dividend was paid to his creditors, what further assets in his estate are available for realization and the estimated value thereof, the total amount of all claims proved against his estate, and the total amount of his liabilities at the date of the sequestration of his estate. If application for rehabilitation is made pursuant to subsection (1) of section one hundred and twenty-four the insolvent shall set out the particulars of the composition and shall state whether there are or are not creditors whose claims against his estate have not been proved, and if there are such creditors, he shall state their names and addresses and particulars of their claims.
Upon the day fixed for the hearing of an application for rehabilitation the Master shall report thereon to the court, and the Master, the trustee or any creditor or other person interested in the estate of the applicant may appear in person or by counsel to oppose the grant of the application.
Whether the application be opposed or not, the court may refuse an application for rehabilitation or may postpone the hearing of the application or may rehabilitate the insolvent upon such conditions as it may think fit to impose and may order the applicant to pay the costs of any opposition to the application if it is satisfied that the opposition was not vexatious.
Among the conditions referred to in subsection (2), the court may require the insolvent to consent to judgment being entered against him for the payment of any unsatisfied balance of any debt which was or could have been proved against his estate, or of such lesser sum as the court may determine, but in such case execution shall not be issued on the judgment except with leave of the court and on proof that the insolvent has since the date of sequestration of his estate acquired property or income available for the payment of his debts; or apart from any such judgment the court may impose any other condition with respect to any property, or income which may accrue to the insolvent in the future.
In granting an application for rehabilitation made under subsection (1) of section one hundred and twenty-four the court may order that any obligation incurred by the applicant before the sequestration of his estate which, but for that order, would be discharged as a result of the applicant's rehabilitation, shall remain of full force and affect, notwithstanding the rehabilitation.
The registrar of the court shall forthwith give notice to the Master of every rehabilitation of an insolvent granted by the court.
Any insolvent not rehabilitated by the court within a period of ten years from the date of sequestration of his estate, shall be deemed to be rehabilitated after the expiry of that period unless a court upon application by an interested person after notice to the insolvent orders otherwise prior to the expiration of the said period of ten years.
[S. 127A inserted by s. 6 of Act 6 of 1972 and substituted by s. 7 of Act 122 of 1993.
A partnership whose estate has been sequestrated shall not be rehabilitated.
of relieving the insolvent of every disability resulting from the sequestration.
of section one hundred and twenty-four shall have the effect of reinvesting the insolvent with his estate.
the liability of any person to pay any penalty or suffer any punishment under any provision of this Act.
in case of a composition, the amount paid or to be paid to him under the composition.
The trustee may enforce and recover any penalty mentioned in section one hundred and thirty and if he fails to do so any creditor may do so in the name of the trustee, upon his indemnifying the trustee against all costs in connection with such action.
if it appears from any book or document relating to the business, property or affairs of the insolvent or if it is proved in any other manner whatsoever that there ought to be available to the trustee at least ten per cent more assets of the estate than the assets actually available to him, such insolvent shall be deemed to have removed or made a disposition of assets of a value equal to the difference between the value of the assets which ought to be available, and the value of the assets actually so available, in contravention of paragraph (d) , unless he fully and accurately accounts for or explains the deficiency and proves that the deficiency was not caused by his action and that he could not have prevented it.
An insolvent shall be guilty of an offence and liable to imprisonment for a period not exceeding three years if, within two years immediately preceding the sequestration of his estate, when making any statement either verbally or in writing in regard to his business, property or affairs to any person who was then his creditor or to any person who became his creditor on the faith of such a statement, he concealed any liability, present or future, certain or contingent, which he may then have contracted, or failed to disclose the full extent of his liability or mentioned, as if it were an asset, any right or property which at the time was not an asset, or represented that he had more assets than he in fact had or made any false statement in regard to the amount, quality or value of his assets, or in any way concealed or disguised or attempted to conceal or disguise any loss which he had sustained, or gave any incorrect amount thereof, unless it is proved that he had good reason to believe that the said statement was correct in every respect and that he was not concealing or failing to disclose or disguising any relevant fact.
An insolvent shall be guilty of an offence and liable to imprisonment for a period not exceeding one year if his occupation or transactions prior to the sequestration of his estate were such that he might reasonable be expected to keep a record of his transactions, and he failed to keep a proper record of his transactions in the English or the Dutch language and to preserve that record during a period of not less than three years.
[Sub-s. (1) amended by s. 33 of Act 16 of 1943 and by s. 1 of Act 49 of 1996.
For the purposes of this section a proper record of transactions includes all such records, wherein is set forth clearly the nature of all such person's transactions, as (regard being had to his occupation) he can reasonably be expected to have kept.
[Para. (b) amended by s. 7 (b) of Act 6 of 1972.
Provided that a trader who proves that his turnover for the two years immediately preceding the sequestration of his estate or since the commencement of the business (whichever period is the less), was at the rate of less than R10 000 per annum shall be deemed to have kept a proper record, if the court dealing with the matter in question, having regard to the nature and circumstances of the business, is satisfied that he has kept a sufficient record of his transactions and that the record complies with the requirements of subparagraph (iv) of paragraph (b).
[Sub-s. (2) amended by s. 7 (a) of Act 6 of 1972 and by s. 18 of Act 101 of 1983.
An insolvent shall be guilty of an offence and liable to imprisonment not exceeding one year, if, prior to the sequestration of his estate, he made a disposition of any part of his property with the intention of preferring one or more of his creditors above the others or any other if at the time when he made that disposition his liabilities exceeded the value of his assets: Provided that any such disposition which had the effect of preferring, or was calculated to prefer, one or more creditors above the others or any other shall, unless the contrary is proved, be deemed to have been made with the intention of preferring such creditor or creditors above the others or any other. Provided, further, that if the insolvent's estate was sequestrated within a period of six months as from the date of making such a disposition, his liabilities shall be deemed to have exceeded the value of his assets at that date, unless the contrary is proved.
In subsection (1) the expression 'creditor' includes a surety for the insolvent as well as a person who in law is in a position analogous to that of a surety.
[Para. (b) amended by s. 14 of Act 32 of 1952.
within the period of six months immediately preceding the sequestration of his estate.
if, at any time after the sequestration of his estate, he fails to furnish at the request of the trustee complete and truthful information regarding any property which was at any time in his possession or custody or under his control, or regarding the time when or the manner or circumstances in which he disposed of such property or ceased to be in possession, custody or control thereof, unless he proves that he had a reasonable excuse for such failure.
if he makes any false statement in the statement of his affairs mentioned in section four or sixteen , or in the statement mentioned in subsection (4) of section twenty-three.
[Para. (a) deleted by s. 42 of Act 99 of 1965.
if he fails to comply with the requirements of subsection (13) of section twenty-three.
If in any prosecution for a contravention of paragraph (d) of section one hundred and thirtyeight it is proved that the insolvent has changed his residential or postal address it shall, unless the contrary is proved, be presumed that he has failed to notify the trustee of such change.
[S. 138 bis inserted by s. 43 of Act 99 of 1965.
Any person shall be guilty of an offence and liable to a fine not exceeding R500 or to imprisonment without the option of a fine for a period not exceeding six months if he is guilty of an act or omission for which he has been or might have been lawfully committed to prison in terms of subsection (2) or (3) of section 66.
[Sub-s. (1) substituted by s. 19 of Act 101 of 1983.
Any person shall be guilty of an offence and liable to the punishment provided by law for the crime of perjury, if, when being interrogated on oath under this Act, he wilfully makes, relative to the subject in connection wherewith he is interrogated, any statement whatever which he knows to be false or which he does not know or believe to be true.
An insolvent or the spouse of an insolvent shall be guilty of an offence and liable to imprisonment for a period not exceeding six months if, when summoned to give evidence in any proceedings instituted by or against the trustee of the insolvent estate he or she conceals himself or herself or quits the Republic or without reasonable excuse fails to attend those proceedings or refuses to answer any question which may be lawfully put to him or her in the course of those proceedings.
Any person shall be guilty of an offence and liable to a fine not exceeding R500 or to imprisonment without the option of a fine for a period not exceeding six months if he accepts any benefit or the promise or offer of any benefit as a consideration for having refrained from or discontinued, or for his undertaking to refrain from or to discontinue any proceedings for the sequestration of an estate or for having agreed to, or not opposed, or for his undertaking to agree to or not to oppose a composition in an insolvent estate or the rehabilitation of an insolvent, or for having refrained or undertaken to refrain from investigating any matter relating to an insolvent or an insolvent estate or from disclosing any information in regard to an insolvent or an insolvent estate.
[S. 141 substituted by s. 20 of Act 101 of 1983.
Any person shall be guilty of an offence and liable to imprisonment for a period not exceeding three years if, either before or after the sequestration of an estate, he removes, conceals, disposes of, deals with or receives any asset belonging to that estate with intent to defeat an attachment by virtue of a sequestration order, or with intent to prejudice the creditors in that estate: Provided that in any proceedings for an offence under this subsection, any such removal, concealment, disposal of, dealing with or receipt of assets which had the effect of defeating or was calculated to defeat such attachment or which prejudiced or was calculated to prejudice the creditors of that estate, shall, unless the contrary is proved, be deemed to have been committed with intent to defeat the attachment or (as the case may be) to prejudice those creditors.
Any person who has in his possession or custody or under his control any property belonging to an insolvent estate and who knows of the sequestration of the estate and that the property belongs to it, shall be guilty of an offence and liable to a fine not exceeding R1 000 or to imprisonment without the option of a fine for a period not exceeding one year if he fails to inform the trustee of the estate as soon as possible of the existence and whereabouts of the property and (subject to the provisions of section 83) to deliver it to, or place it at the disposal of, the trustee.
[Sub-s. (2) substituted by s. 21 of Act 101 of 1983.
The provisions of subsections (1) and (2) shall not apply to an insolvent in respect of any property belonging to his own insolvent estate.
A secured creditor of an insolvent estate who has realized his security in terms of section eighty-three and who has failed after written demand to pay over the proceeds of the realization in accordance with the provisions of subsection (10) of that section, shall, apart from any other offence which he may have committed in connection with those proceeds, be guilty of an offence and liable to the penalties mentioned in subsection (2).
as a servant or agent has or had the sole or practical control of any property or of the affairs of his employer or principal and who does or omits to do in relation to that property or to the affairs of his employer or principal or of the insolvent estate of his former employer or principal, any act which, if done or omitted by him in the like circumstances in relation to his own property or affairs or to any property belonging to, or the affairs of his insolvent estate, would have constituted an offence under this Act, shall be deemed to have committed that offence.
The liability under subsection (1) of a partner, servant or agent shall not affect the liability under that subsection or under any other provision of this Act, of another partner or of a servant or agent of the same partnership, or of the employer or principal of the employee or agent who is so liable.
If it was the duty of a trustee to submit an account to the Master or to pay a sum of money to the Master or to a creditor, and he failed to submit that account or to pay that sum of money within a period of two months as from the time when that duty arose, he shall (apart from any other offence which he may have committed in connection with such sum of money) be guilty of an offence and liable to a fine not exceeding R500.
[S. 144 substituted by s. 22 of Act 101 of 1983.
Any person who obstructs or hinders a curator bonis appointed under this Act or a trustee or a representative of either in the performance of his functions as such shall be guilty of an offence and liable to a fine not exceeding R500, or to imprisonment without the option of a fine for a period not exceeding six months.
[S. 145 substituted by s. 23 of Act 101 of 1983.
Whenever in any criminal proceedings under this Act any liability incurred by an insolvent or the date or time when the liability was incurred, is in issue or relevant to the issue, proof that a claim in respect of that liability has been admitted against the estate of the insolvent in accordance with any provision of this Act shall be sufficient evidence of the existence of the liability and any such liability shall be deemed to have been incurred upon the date or at the time alleged in any document submitted in accordance with any provision of this Act in support of that claim: Provided that the accused or the prosecutor in those proceedings may prove that no such liability or that a lesser or a greater liability was incurred or that it was incurred on a date or at a time other than the date or time so alleged.
Any court of law which has jurisdiction to try an insolvent in respect of an offence under this Act committed at the place where the insolvent mainly carried on business or resided at the time of the commission of the offence, shall have jurisdiction to try the insolvent in respect of such an offence committed anywhere in the Republic.
In subsection (1) 'insolvent' includes a person who is liable under subsection (1) of section one hundred and forty-three.
[S. 148 amended by s. 34 of Act 16 of 1943 and repealed by s. 24 of Act 101 of 1983.
Provided that when it appears to the court equitable or convenient that the estate of a person domiciled in a State which has not been designated in terms of section 2 of the Cross-Border Insolvency Act, 2000 (Act 42 of 2000), should be sequestrated by a court outside the Republic, or that the estate of a person over whom it has jurisdiction be sequestrated by another court within the Republic, the court may refuse or postpone the acceptance of the surrender or the sequestration.
[Sub-s. (1) amended by s. 33 of Act 42 of 2000 and by s. 2 of Act 42 of 2001.
The court may rescind or vary any order made by it under the provisions of this Act.
Any person aggrieved by a final order of sequestration or by an order setting aside an order of provisional sequestration may, subject to the provisions of section 20 (4) and (5) of the Supreme Court Act, 1959 (Act 59 of 1959), appeal against such order.
[Sub-s. (1) substituted by s. 1 of Act 129 of 1993.
Such appeal shall be noted and prosecuted as if it were an appeal from a judgment or order in a civil suit given by the court which made such final order or set aside such provisional order, and all rules applicable to such last-mentioned appeal shall mutatis mutandis but subject to the provisions of subsection (3), apply to an appeal under this section.
When an appeal has been noted (whether under this section or under any other law), against a final order of sequestration, the provisions of this Act shall nevertheless apply as if no appeal had been noted: Provided that no property belonging to the sequestrated estate shall be realized without the written consent of the insolvent concerned.
If an appeal against a final order of sequestration is allowed, the court allowing such appeal may order the respondent to pay the costs of sequestrating and administering the estate.
There shall be no appeal against any Order made by the court in terms of this Act, except as provided in this section. [Sub-s. (5) added by s. 35 of Act 16 of 1943.
Subject to the provisions of section fifty-seven any person aggrieved by any decision, ruling, order or taxation of the Master or by a decision, ruling or order of an officer presiding at a meeting of creditors may bring it under review by the court and to that end may apply to the court by motion, after notice to the Master or to the presiding officer, as the case may be, and to any person whose interests are affected: Provided that if all or most of the creditors are affected, notice to the trustee shall be deemed to be notice to all such creditors; and provided further that the court shall not re-open any duly confirmed trustee's account otherwise than as is provided in section one hundred and twelve.
[S. 151 amended by s. 44 of Act 99 of 1965.
If the court reviewing any matter referred to in section one hundred and fifty-one confirms any decision, ruling, order or taxation of the Master or officer referred to in that section the costs of the applicant for the review of that matter shall not be paid out of the assets of the estate concerned unless the Court otherwise directs.
[S. 151 bis inserted by s. 45 of Act 99 of 1965.
The Master may at any time direct a trustee to deliver to him any book or document relating or any property belonging to the insolvent estate of which he is trustee.
If at any time after the sequestration of the estate of a debtor and before his rehabilitation, the Master is of the opinion that the insolvent or the trustee of that estate or any other person is able to give any information which the Master considers desirable to obtain, concerning the insolvent, or concerning his estate or the administration of the estate or concerning any claim or demand made against the estate, he may by notice in writing delivered to the insolvent or the trustee or such other person summon him to appear before the Master or before a magistrate or an officer in the public service mentioned in such notice, at the place and on the date and hour stated in such notice, and to furnish the Master or other officer before whom he is summoned to appear with all the information within his knowledge concerning the insolvent or concerning the insolvent's estate or the administration of the estate.
[Sub-s. (2) substituted by s. 46 of Act 99 of 1965.
After having interrogated the person summoned as aforesaid the Master or other officer concerned may deliver to him a written notice to appear again before the Master or other officer at a place and upon a date and hour stated in such notice and to submit to the Master or such other officer any further information or any book or document specified in such notice.
When any person summoned as aforesaid appears before the Master or other officer in question in compliance with a notice issued under subsection (2) or (3) the Master or such other officer may administer the oath to him and the Master or such other officer and if a person other than the trustee was summoned, also the trustee (or his agent) may interrogate the person summoned in regard to any matter relating to the insolvent or his estate or the administration of the estate.
The provisions of subsection (2) of section 65 shall, subject to subsection (2A) of that section, mutatis mutandis apply in connection with the production of any book or document or with the interrogation of any person under the preceding provisions of this section.
[Sub-s. (5) substituted by s. 4 of Act 89 of 1989.
The provisions of section sixty-six shall mutatis mutandis apply in connection with a person summoned, and with his interrogation, under this section and the Master or other officer concerned shall, with reference to a person so summoned or with reference to such interrogation, have the powers and immunity conferred upon an officer mentioned in section sixty-six.
The provisions of subsection (7) of section sixty-five shall mutatis mutandis apply in connection with any person (other than a trustee) who has been summoned under this section for the purpose of furnishing any information: Provided that if there are no assets in the estate in question sufficient to pay the witness fees in question, those fees shall be paid by the State.
The Master shall recover in respect of the several matters and in the manner mentioned in the Third Schedule to this Act the fees therein specified. [Sub-s. (1) amended by s. 21 (a) of Act 62 of 1955.
bis The Minister may from time to time by notice in the Gazette amend the said Third Schedule.
[Sub-s. (1) bis inserted by s. 21 (b) of Act 62 of 1955, amended by ss. 46 and 47 of Act 97 of 1986 and substituted by s. 11 of Act 16 of 2003.
Any expenses incurred by the Master or by an officer who is to preside or presides or has presided at a meeting of the creditors of an insolvent estate in the protection of the assets of an insolvent estate or in carrying out any provision of this Act shall, unless the court otherwise orders, be regarded as part of the costs of the sequestration of that estate.
154 Custody of documents.
The Master shall have the custody of all documents relating to insolvent estates.
If there is endorsed upon or attached to any document or record a certificate purporting to have been signed by a person describing himself as Master, wherein he describes the nature of the document or record and states that it relates to a specified insolvent or insolvent estate, that document or record shall on its mere production by any person prima facie be deemed to be what the certificate describes it to be.
Any document or record upon which there is endorsed or to which there is attached a statement purporting to have been signed by a person describing himself as Master, wherein he certifies that the document or record is a true copy of or extract from a document or record relating to a specified insolvent or insolvent estate, and wherein he describes the nature of the original document or record, shall on its mere production by any person be as admissible in evidence in any court of law and be of the same force and effect as the original document or record would be if it bore or had attached to it the certificate mentioned in subsection (2).
A certificate, purporting to have been signed by a person describing himself as Master, stating that the estate of a person or partnership mentioned therein was sequestrated on a date therein specified, or that an insolvent named therein has or has not been rehabilitated, or that any person named therein has or has not complied with any particular requirement of this Act, shall upon its mere production by any person be received as prima facie evidence of the facts therein stated.
After six months have elapsed as from the confirmation by the Master of the final trustees' account in any insolvent estate, the trustee may, with the consent in writing of the Master, destroy all books and documents in his possession relating to the estate.
After five years have elapsed as from the rehabilitation of an insolvent the Master may destroy all records in his office relating to the estate of that insolvent.
This section shall apply to all insolvent estates which have been finally liquidated or are in course of liquidation at the commencement of this Act.
Whenever any person (hereinafter called the insurer) is obliged to indemnify another person (hereinafter called the insured) in respect of any liability incurred by the insured towards a third party, the latter shall, on the sequestration of the estate of the insured, be entitled to recover from the insurer the amount of the insured's liability towards the third party but not exceeding the maximum amount for which the insurer has bound himself to indemnify the insured.
Nothing done under this Act shall be invalid by reason of a formal defect or irregularity, unless a substantial injustice has been thereby done, which in the opinion of the court cannot be remedied by any order of the court.
No defect or irregularity in the election or appointment of a trustee shall vitiate anything done by him in good faith.
the manner in which fees payable under this Act shall be paid and brought to account.
The Minister may determine policy for the appointment of a curator bonis , trustee, provisional trustee or co-trustee by the Master in order to promote consistency, fairness, transparency and the achievement of equality for persons previously disadvantaged by unfair discrimination.
Any policy determined in accordance with the provisions of subsection (2) must be tabled in Parliament before publication in the Gazette.
[S. 158 amended by s. 46 of Act 97 of 1986 and substituted by s. 12 of Act 16 of 2003.
The Minister may by notice in the Gazette amend the First Schedule.
[S. 158 bis inserted by s. 13 of Act 50 of 1956, amended by ss. 46 and 47 of Act 97 of 1986 and substituted by s. 13 of Act 16 of 2003.
158 ter.
[S. 158 ter inserted by s. 47 of Act 99 of 1965 and repealed by s. 1 of Act 49 of 1996.
This Act shall be called the Insolvency Act, 1936, and shall come into operation on the first day of July, 1936.
Notice is hereby given that application will be made to the.
Division of the Supreme court on the day of...........................
19 at o'clock in the forenoon or as soon thereafter as the matter can be heard, for the acceptance of the surrender of the estate of *.
of and that a statement of his affairs will lie for inspection at the office of the Master of the Supreme Court at * (and at the office of) for a period of fourteen days as from the day of ......... 19.......
Debts due as per Annexure IV Immovable property as per Annexure I. Movable property, furniture, stockin-trade etc.
Outstanding claims, etc.
NOTE : Any merchandise mentioned in the foregoing statement shall be valued at its cost price or at its market value at the time of the making of the affidavit verifying this statement, whichever is the lower, and the statement shall be supported by detailed stock sheets relating to such merchandise.
[Annexure VIII substituted by s. 8 of Act 122 of 1993.
State whether the debtor is married, widowed or divorced.
name or names of spouse or spouses (a 'spouse' means not only a wife or husband in the legal sense, but also a wife or husband by virtue of a marriage according to any law or custom, and also a woman living with a man as his wife or a man living with a woman as her husband, although not married to one another).
whether the debtor is or was married in or without community of property and whether the accrual system applies.
date of marriage.
whether the matrimonial property system has been changed since entering into the marriage and, if so, the nature of the change.
full names and date of birth of the spouse and, if an identity number has been assigned, the identity number of the spouse.
State the debtor's nationality.
State the debtor's place of birth, date of birth and, if an identity number has been assigned, the identity number.
Was the debtor's estate or the estate of a partnership in which the debtor is or was a partner previously sequestrated or placed in bankruptcy, whether in the Republic or elsewhere?
whether debtor's own estate or his partnership's estate was (i) sequestrated; or (ii) placed in bankruptcy.
the place where and the date when that estate was sequestrated or placed in bankruptcy.
whether the debtor has been rehabilitated or his estate released; if so, when.
The foregoing balance sheet and statements shall be verified by an affidavit in the subjoined form, made by the debtor or by the person who on behalf of the debtor presented the petition tendering the surrender of the debtor's estate, or who is the representative of the debtor or his estate.
I, declare under oath/solemnly and sincerely declare * that to the best of my knowledge and belief the statements contained in the foregoing balance sheet and the Annexures thereto are true and complete, and that every estimated amount therein contained is fairly and correctly estimated.
Signature of declarant.
Sworn * before me on the day of.
Solemnly declared at.
In the Insolvent Estate of.
Name in full of creditor.
Address in full.
Total amount of claim £.
That , whose estate has been sequestrate was at the date of sequestration, and still is, indebted to in the sum of ............................................... for...............................................................................
That the said debt arose in the manner and at the time set forth in the account hereunto annexed.
That no other person besides the said is liable (otherwise than as surety) for the said debt oR any part thereof.
That I have/the saidhas * not, nor has any other person, to my knowledge on my/his * behalf received any security for the said debt or any part thereof, save and except *.
Sworn/Solemnly declared * before me on the day of at.
Total amount of claim.
That , whose estate has been sequestrated, was on the date of sequestration, and still is, indebted to in the sum of......................................................................
That I have/the said has * not, nor has any other person to my knowledge on his * behalf received any security for the said debt or any part thereof, save and except *.
That besides the said one mentioned above, is liable to me/the said ........................... * as ............................. of the said bill, * as aforesaid.
That the said note/bill * is in all respects genuine and valid.
[Tariff A amended by s. 36 of Act 16 of 1943, substituted by Proc R210 of 1960 (GG 6479 of 1 July 1960) and by Proc R282 of 1972 (GG 3695 of 3 November 1972), amended by Proc R120 of 1980 (GG 7119 of 11 July 1980), substituted by Proc R9 of 1985 (GG 9575 of 1 February 1985), amended by Proc R74 of 1986 (GG 10212 of 2 May 1986), by GN R410 of 1990 (GG 12310 of 2 March 1990) and by GN R714 of 1995 (GG 16418 of 19 May 1995).
For the attachment of moneys, 7,5% to a maximum of R200,00.
For removal and storage: The necessary costs thereof.
For the herding and tending of livestock: The necessary costs thereof.
In the Tariff 'possession' means the continuous and necessary presence on the premises in question for the period in respect of which possession is charged of a person employed and paid by the deputy-sheriff for the sole purpose of retaining possession.
When a charge is made for possession of any property, no charge shall be allowed for herding and tending of livestock if one and the same person could render both services.
If there are more ways than one of doing any particular act, the least expensive way shall be adopted unless there is some reasonable objection thereto.
No travelling allowance shall be charged unless it was necessary for the deputy-sheriff to go beyond a distance of one kilometre from his office; but when any such allowance is payable, it shall be paid for the actual distance travelled in going from and returning to the office.
No charge shall be made for the cost of any transport, railway fare, etc., in addition to a charge for travelling allowance.
If more services than one can be performed on the same journey, the distance to the first place of service may be brought into account only once, and shall be apportioned equally to the respective services; and the distance from the first place of service to the next place of service shall similarly be apportioned equally to the remaining services, and so forth.
If the execution of a judgment has been stayed by publication of notice of surrender or by sequestration after an inventory has been made, for the purpose of the execution, no charge shall be made for a second inventory of the same goods. The deputy-sheriff's fees for making the inventory shall be charged to the insolvent estate in question, according to the tariff, and not to the execution creditor, unless the estate is unable to pay those fees.
The deputy-sheriff may pay rent, if necessary for premises required for the storage of goods attached, for a period of one month or such longer period as the Master shall authorize.
Every question arising under or relative to the tariff shall be determined by the Master.
[Tariff B amended by s. 36 of Act 16 of 1943 and by Proclamation 229 of 1956, substituted by Proclamation R159 of 1961 and by Proclamation R87 of 1973 and amended by Proclamation R41 of 1985, by Government Notice R1685 of 1987, by Government Notice R1842 of 1992 and by Government Notice 323 of 1995.
INSOLVENCY Page 85 of 96 1.
On the gross proceeds of movable property (other than shares or similar 10 per cent. securities) sold, or on the gross amount collected under promissory notes or book debts, or as rent, interest or other income.
On the gross proceeds of immovable property, shares or similar securities 3 per cent. sold, life insurance policies and mortgage bonds recovered and the balance recovered in respect of immovable property sold prior to sequestration.
On- 1 per cent.
the gross proceeds of amounts standing to the credit of the insolvent in current, savings and other accounts and of fixed deposits and other deposits at banking institutions, building societies or other financial institutions.
On sales by the trustee in carrying on the business of the insolvent, or any 6 per cent. part thereof, in terms of section 80.
On the amount distributed in terms of a composition, excluding any 2 per cent. amount on which remuneration is payable under any other item of this tariff.
On the value at which movable property in respect of which a creditor has 5 per cent a preferent right, has been taken over by such creditor provided that the total remuneration of a trustee in terms of this tariff shall not be less than two thousand five hundred rand.
A reasonable remuneration to be determined by the Master, not to exceed the rate of remuneration of a trustee under this tariff.
[Third Schedule amended by s. 31 of Act 17 of 1938, substituted by s. 22 of Act 62 of 1955 and by Proclamation R155 of 1971, amended by Proclamation R118 of 1980, substituted by Proclamation R41 of 1985 and amended by GN R611 of 31 March 1989, by GN R1923 of 17 August 1990 and by GN R1541 of 13 August 1993.
For a copy of or an extract from any document preserved in the office of a Master, when made in such office (including the certification of such copy or extract), a fee of R4,50 shall be paid.
For the certification of such copy or extract not made in such office a fee of R9,00 shall be paid.
[Item 2 substituted by GN R611 of 31 March 1989 and by GN R1923 of 17 August 1990.
On any amount paid by the trustee into the Guardians' Fund for account of creditors, a commission of five per cent shall be payable, to be deducted by the Master from the moneys so paid into the Guardians' Fund.
The fees referred to in item 1 shall be assessed by the Master and shall be payable on or before a date determined by the Master to any receiver of revenue. Proof of such payment shall be submitted by the trustee to the Master.
by impressing stamps by means of a franking machine approved by the Commissioner for Inland Revenue on, the written request for the rendering by the Master of the service in question.
[Subitem (b) substituted by GN R1541 of 13 August 1993.
The fees referred to in items 1, 2 and 3 shall apply to all insolvent estates which are placed under final sequestration on or after the date of this proclamation.
When two trustees have been appointed or when the Master has appointed one or more cotrustees in terms of section 57 (5) all the trustees shall act jointly in performing their functions as trustees and each of them shall be jointly and severally liable for every act performed by them jointly.
Whenever the Master considers it desirable, he may appoint one or more persons not disqualified from holding the office of trustee who has given the security mentioned in section 56 (2) as a co-trustee or co-trustees, as the case may be, with the trustee or trustees of an insolvent estate.
To amend the Insolvency Act, 1936, and to apply it to the Mandated Territory of South-West Africa and the port and settlement of Walvis Bay.
In this Act the expression 'the principal Act' shall mean the Insolvency Act, 1936, as amended from time to time.
5 Amends the Afrikaans text of section 8 of the Insolvency Act 24 of 1936.
6 and 7 Amend respectively sections 9 and 13 of the Insolvency Act 24 of 1936.
8 Amends the Afrikaans text of section 15 of the Insolvency Act 24 of 1936.
23 Inserts section 80 bis in the Insolvency Act 24 of 1936.
36 Amends the Second Schedule to the Insolvency Act 24 of 1936.
[S. 37 repealed by s. 50 of Act 99 of 1965.
[S. 38 repealed by s. 1 of Act 49 of 1996.
This Act shall be called the Insolvency Law Amendment Act, 1943.
[S. 39 substituted by s. 1 of Act 49 of 1996.
To amend the Insolvency Act, 1936.
4 Substitutes section 16 of the Insolvency Act 24 of 1936.
9 and 10 Substitute respectively sections 41 and 43 of the Insolvency Act 24 of 1936.
18 Substitutes section 60 of the Insolvency Act 24 of 1936.
28 Substitutes section 91 of the Insolvency Act 24 of 1936.
29 Amends section 96 of the Insolvency Act 24 of 1936.
30 Substitutes section 99 of the Insolvency Act 24 of 1936.
37 Repeals section 115 of the Insolvency Act 24 of 1936.
38 Amends section 116 of the Insolvency Act 24 of 1936.
39 Inserts section 116 bis in the Insolvency Act 24 of 1936.
40 to 42 inclusive Amends respectively the following sections of the Insolvency Act 24 of 1936 : 117, 124, 138.
43 Inserts section 138 bis in the Insolvency Act 24 of 1936.
44 Amends section 151 of the Insolvency Act 24 of 1936.
45 Inserts section 151 bis in the Insolvency Act 24 of 1936.
46 Amends section 152 of the Insolvency Act 24 of 1936.
47 Inserts section 158 ter in the Insolvency Act 24 of 1936 . [Date of commencement of s. 47: 1 July 1943.
The principal Act is hereby amended by the substitution for the word 'Governor-General', wherever it occurs, of the words 'State President' and for the word 'Union', wherever it occurs, of the word 'Republic'.
The provisions of this Act shall not apply to any estate sequestrated provisionally or finally before the commencement of this Act. Any such estate shall in all respects be dealt with according to the provisions of the principal Act as they existed immediately before the commencement of this Act.
50 Repeals section 37 of the Insolvency Law Amendment Act 16 of 1943.
This Act shall be called the Insolvency Amendment Act, 1965.
To amend the provisions of the Insolvency Act, 1936, so as to determine in greater detail the manner in which special meetings of creditors shall be convened; to extend the classes of institutions where trustees may deposit or invest moneys belonging to insolvent estates; to consolidate certain statutory provisions relating to preferent claims against insolvent estates; to provide for the rehabilitation of an insolvent by effluxion of time; and to determine in greater detail the manner in which a record of transactions shall be kept; and to provide for incidental matters.
1 Amends section 2 of the Insolvency Act 24 of 1936 by inserting the definitions 'banking institution' and 'building society'.
2 Amends section 25 of the Insolvency Act 24 of 1936 by substituting subsection (1).
6 Inserts section 127A in the Insolvency Act 24 of 1936.
the words preceding subparagraph (i).
The laws specified in the Schedule are hereby repealed to the extent set out in the third column thereof.
[NB: S. 8, in so far as it repeals section 47 of the Community Development Act 3 of 1966, has been repealed by s. 14 (1) of the Land Affairs Act 101 of 1987, a provision which will be put into operation by proclamation.
This Act shall be called the Insolvency Amendment Act, 1972.
To amend the Insolvency Act, 1936, so as to provide that certain costs in connection with the engagement of a legal practitioner for the interrogation of a person at a meeting of creditors, shall be included in the costs of the sequestration of the estate; to amend the provisions which require that notice be given of the taxation by the Master of certain costs; and to delete the provisions which confer the power upon certain creditors and the insolvent to be present at such taxations and to object to certain costs; and to provide for incidental matters.
1 Amends section 73 of the Insolvency Act 24 of 1936 , as follows: paragraph (a) inserts subsection (1A); paragraph (b) substitutes subsection (2) (a) ; and paragraph (c) deletes subsection (3).
This Act shall be called the Insolvency Amendment Act, 1980.
To amend the Insolvency Act, 1936, so as to further regulate the power of the Master of the Supreme Court concerned to order the sale, in terms of a writ of execution or other process, of certain goods of an estate in respect of which a notice of surrender has been published; to further regulate the calculation of a debt which became due in consequence of the publication of a notice of intended alienation of a business; to increase the amount of money payable by any creditor of an insolvent estate registering his name and address with the trustee concerned; to delete an unnecessary provision in section 44 of the said Act; to further regulate the calculation of an amount payable in respect of a debt of an insolvent estate which was incurred before the sequestration thereof and which became due after the confirmation of the distribution account concerned; to further regulate the right of a creditor to vote at any meeting of creditors; to make other provision for a trustee to be absent from the Republic; to regulate more clearly the duty of a trustee to open a banking account in the name of an estate, and to better regulate the power of a trustee to transfer any such account or to invest moneys in any such account; to further regulate the power of a trustee to accept any part of a debt to an insolvent estate in discharge of the whole debt or grant any debtor an extension of time for payment without the authorization of the creditors of the estate concerned; to extend the provision providing for the sale, before the second meeting of creditors, of certain goods in an insolvent estate; to replace certain obsolete expressions in section 84 of the said Act; to increase the amounts which may be applied for certain purposes from the free residue of an insolvent estate; to make better provision for the extension of the period for submission of a liquidation account or a plan of distribution or of contribution; to increase the security to be furnished by an insolvent applying for rehabilitation; to further regulate the presumption by virtue of which it may be presumed that an insolvent has, for the purposes of section 134 of the said Act, not kept a proper record of his transactions in connection with his business, and to delete an obsolete expression in that section; to increase the amounts of fines for contraventions of the said Act; and to repeal the power of the Minister of Justice to cause certain persons to be removed from the Republic; and to provide for matters connected therewith.
1 Amends section 5 (1) of the Insolvency Act 24 of 1936 by substituting the proviso.
2 Amends section 34 (2) of the Insolvency Act 24 of 1936 by substituting the proviso.
3 Amends section 43 of the Insolvency Act 24 of 1936 by substituting the first sentence.
4 Amends section 44 of the Insolvency Act 24 of 1936 by deleting subsection (2).
5 Amends section 50 (2) of the Insolvency Act 24 of 1936 by substituting the proviso.
6 Amends section 52 of the Insolvency Act 24 of 1936 by substituting subsection (3).
7 Substitutes section 61 of the Insolvency Act 24 of 1936.
substitutes subsection (1); and paragraph (b) substitutes subsection (3).
9 Amends section 78 (1) of the Insolvency Act 24 of 1936 by substituting the proviso.
10 and 11 Substitute respectively sections 80 bis and 84 of the Insolvency Act 24 of 1936.
substitutes subsection (1); and paragraph (b) substitutes subsection (2).
13 Amends section 98 (1) of the Insolvency Act 24 of 1936 by substituting paragraph (b).
substitutes the proviso to subsection (1) (a) ; and paragraph (b) substitutes the proviso to subsection (2).
15 Amends section 103 of the Insolvency Act 24 of 1936 by substituting subsection (2).
16 and 17 Substitute respectively sections 109 and 125 of the Insolvency Act 24 of 1936.
18 Amends section 134 (2) of the Insolvency Act 24 of 1936 by substituting the proviso.
19 Amends section 139 (2) of the Insolvency Act 24 of 1936 by substituting subsection (1).
20 Substitutes section 141 of the Insolvency Act 24 of 1936.
21 Amends section 142 of the Insolvency Act 24 of 1936 by substituting subsection (2).
22 and 23 Substitute respectively sections 144 and 145 of the Insolvency Act 24 of 1936 . 24 Repeals section 148 of the Insolvency Act 24 of 1936 (date of commencement 1 October 1984).
The provisions of sections 2, 3, 5, 6, 12, 13, 14 and 15 shall not apply to any estate sequestrated provisionally or finally before the commencement of this Act.
This Act shall be called the Insolvency Amendment Act, 1983.
The provisions of section 24 shall come into operation on a date fixed by the State President by proclamation in the Gazette.
To amend the Insolvency Act, 1936, so as to make provision that the beneficiaries under certain dispositions of property without value may compete with the creditors of insolvent estates; and to rectify an incorrect reference; and to provide for incidental matters.
1 Amends section 26 of the Insolvency Act 24 of 1936 by substituting subsection (2).
2 Amends section 97 (2) of the Insolvency Act 24 of 1936 by substituting paragraph (c).
This Act shall be called the Insolvency Amendment Act, 1984.
To amend the Insolvency Act, 1936, so as to amend the definition of 'disposition'; to emend the English text of section 34; and to provide for the convening of a special meeting of creditors for the purpose of interrogating an insolvent; and to provide for matters connected therewith.
1 Amends section 2 of the Insolvency Act 24 of 1936 by substituting the definition of 'disposition'.
2 Amends section 34 of the Insolvency Act 24 of 1936 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (3).
3 Amends section 42 of the Insolvency Act 24 of 1936 by adding subsection (2), the existing section becoming subsection (1).
This Act shall be called the Insolvency Amendment Act, 1987.
To amend the Insolvency Act, 1936, so as to further regulate the appointment of trustees; and to further regulate the interrogation of an insolvent or any other person at a meeting of creditors; and to provide for incidental matters.
1 Amends section 56 of the Insolvency Act 24 of 1936 by substituting subsection (4). [Date of commencement of s. 1: to be proclaimed.
2 Amends section 57 of the Insolvency Act 24 of 1936 by substituting subsection (5). [Date of commencement of s. 2: to be proclaimed.
Amends section 65 of the Insolvency Act 24 of 1936 as follows: paragraph (a) substitutes the last proviso to subsection (2); paragraph (b) inserts subsection (2A); and paragraph (c) substitutes subsection (5).
4 Amends section 152 of the Insolvency Act 24 of 1936 by substituting subsection (5).
The provisions of sections 1, 2, 3 and 4 shall also be applicable in respect of an estate which was sequestrated either provisionally or finally before the commencement of this Act.
This Act shall be called the Insolvency Amendment Act, 1989, and shall, subject to subsection (2), come into operation on a date fixed by the State President by proclamation in the Gazette.
A reference in this Act to the commencement of this Act shall be construed as a reference to the applicable date so determined.
To amend the Insolvency Act, 1936, so as to further regulate the publication of a notice in terms of section 34 of the said Act; and to provide for matters connected therewith.
1 Amends section 34 of the Insolvency Act 24 of 1936 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (3); and paragraph (c) adds subsection (4).
This Act shall be called the Insolvency Amendment Act, 1991.
Amends section 9 of the Insolvency Act 24 of 1936 by substituting subsection (3).
2 Amends section 17 of the Insolvency Act 24 of 1936 , as follows: paragraph (a) substitutes subsection (2); and paragraph (b) substitutes subsection (3).
3 Inserts sections 18A and 18B in the Insolvency Act 24 of 1936.
4 Amends section 25 of the Insolvency Act 24 of 1936 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) adds subsections (3) and (4).
5 Amends section 32 of the Insolvency Act 24 of 1936 by substituting subsection (1).
6 Amends section 104 of the Insolvency Act 24 of 1936 by substituting subsection (3).
7 Substitutes section 127 of the Insolvency Act 24 of 1936.
of Form B.
10 Amends section 58 of the Deeds Registries Act 47 of 1937 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (2).
11 Amends section 17 of the Matrimonial Property Act 88 of 1984 by substituting subsection (4).
To amend the Insolvency Act, 1936, so as to provide for the protection of participants in the South African financial markets in the event of insolvency; and to provide for matters connected therewith.
1 Inserts sections 35A and 35B in the Insolvency Act 24 of 1936 . 2 Amends section 46 of the Insolvency Act 24 of 1936 by adding the proviso.
The amendments of the principal Act contained in sections 1 and 2 of this Act shall be deemed also to have been effected to the Insolvency Act, 1936 (Act 24 of 1936), as it is in force in the areas of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei.
This Act shall be called the Insolvency Amendment Act, 1995.
To amend the Insolvency Act, 1936, so as to further regulate the effect of sequestration on employment contracts and claims for severance and retrenchment pay; and to provide for matters incidental thereto.
1 Amends the Insolvency Act 24 of 1936 by substituting section 38.
2 Amends section 98A (1) (a) of the Insolvency Act 24 of 1936 by substituting subparagraph (iv).
This Act shall be called the Insolvency Amendment Act, 2002, and shall come into operation on 1 January 2003 or such earlier date as the President may determine by proclamation in the Gazette.
This Act applies in respect of estates which are sequestrated or provisionally sequestrated on or after the date of commencement of this Act.
To amend the Insolvency Act, 1936, so as to require notice of a petition for the sequestration of a debtor's estate to be given to employees of the debtor, registered trade unions representing such employees, the South African Revenue Service and the debtor; to provide for the service of sequestration orders on such employees, trade unions and the South African Revenue Service; to make further provision regarding a debtor's rights to compensation; and so as to effect certain textual corrections; to amend the Companies Act, 1973, so as to require notice of an application for the winding-up of a company to be given to employees of the company, registered trade unions representing such employees, the South African Revenue Service and the company; to provide for the service of winding-up orders on such employees, trade unions, the South African Revenue Service and the company; to make provision regarding a company's rights to compensation; and to provide for matters incidental thereto.
1 Amends section 4 of the Insolvency Act 24 of 1936 by substituting subsection (2).
2 Amends section 9 of the Insolvency Act 24 of 1936 by inserting subsection (4A).
3 and 4 Substitute respectively sections 11 and 15 of the Insolvency Act 24 of 1936.
5 Amends section 49 of the Insolvency Act 24 of 1936 by substituting subsection (2).
7 Amends section 346 of the Companies Act 61 of 1973 by adding subsection (4A).
8 Inserts section 346A in the Companies Act 61 of 1973.
9 Amends section 347 of the Companies Act 61 of 1973 by inserting subsection (1A).
This Act is called the Insolvency Second Amendment Act, 2002, and shall come into operation on 1 January 2003 or such earlier date as the President may determine by proclamation in the Gazette.
<fn>GOV-ZA.193civigineeringbursaryapplicationforcivigineeringbursaryapplicationforEn.2012-02-10.en.txt</fn>
The museum portrays the history of the town and surroundings from the time of the ape-men at Makapan's Cave, right through to the Anglo Boer War and recent times. Mampoer and fresh bread are available on request. Limpopo, my next stop in my next trip to South Africa.
Makuya Nature Reserve waterberg@golimpopo.
<fn>GOV-ZA.193gpEn.2012-02-10.en.txt</fn>
A. There is less oxygen in the air at great heights.
B. There is little nitrogen in the air at great heights.
C. There is a hole in the ozone layer.
D. There is no air at the top of very high mountains.
Korea, Rep.
Macedonia, Rep.
Country average vs.
<fn>GOV-ZA.1940En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1941En.2012-02-10.en.txt</fn>
The emergency services in the North West has received an extra boost with the graduation of 24 students from the emergency care technician training programme from the North West Emergency Medical Rescue Services (EMRS) College.
<fn>GOV-ZA.1942En.2012-02-10.en.txt</fn>
With only five days to go until the end of the first sales phase, tickets for the 2010 Fifa World Cupâ are in great demand.
<fn>GOV-ZA.1944032En.2012-02-10.en.txt</fn>
To consolidate and amend the law relating to Magistrates' Courts.
[NB: The long title has been substituted by s. 73 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Definitions (section 1).
Part I : Courts (Chapters I to V; sections 2 to 25).
Part II : Civil Matters (Chapters VI to XI; sections 26 to 88).
Part III : Criminal Matters (Chapters XII to XVI; sections 89 to 105).
Jurisdiction, abandonment, splitting, etc.
'family court' , 'family division' , 'family magistrate' , 'magistrate's court' , 'regional court' , 'regional division' , 'regional magistrate' and 'senior civil magistrate' have been inserted, the definitions of 'court' , 'court of appeal' , 'judicial officer' , 'magistrate' , 'Minister' and 'practitioner' have been substituted and the definitions of 'province' , 'Republic' and 'territory' have been deleted by s. 1 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX . The definition of 'court' has subsequently been substituted by s. 1 of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
'administrative region' means an administrative region created by the Minister under section 2 (2); [Definition of 'administrative region' inserted by s. 1 (a) of Act 66 of 1998.
'court of appeal' means the High Court to which an appeal lies from the magistrate's court; [Definition of 'court of appeal' substituted by s. 1 of Act 105 of 1982 and by s. 1 (b) of Act 66 of 1998.
'head of the administrative region' means the magistrate designated as such by the Minister, after consultation with the Magistrates Commission; [Definition of 'head of the administrative region' inserted by s. 1 (c) of Act 66 of 1998.
'Magistrates Commission' means the Magistrates Commission established by section 2 of the Magistrates Act, 1993 (Act 90 of 1993); [Definition of 'Magistrates Commission' inserted by s. 1 (d) of Act 66 of 1998.
'Minister' means the Minister of Justice; [Definition of 'Minister' substituted by s. 23 of Act 94 of 1974, by s. 2 of Act 34 of 1986 and by s. 1 (e) of Act 66 of 1998.
'the rules' means the rules referred to in section 6 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985); [Definition of 'the rules' substituted by s. 1 of Act 4 of 1991.
'this Act' includes the rules.
[S. 1 amended by s. 2 of Act 40 of 1952 and by s. 15 of Act 15 of 1969 and substituted by s. 1 of Act 53 of 1970.
withdraw or vary any notice under this section and abolish any regional division, district, subdistrict or other area of jurisdiction and the court thereof.
The Minister may, by notice in the Gazette and after consultation with the Magistrates Commission, join any group of districts together to create an administrative region for administrative purposes.
[Sub-s. (2) added by s. 7 (1) of Act 102 of 1972, deleted by s. 2 of Act 34 of 1986 and added by s. 2 of Act 66 of 1998.
[S. 2 amended by s. 3 of Act 40 of 1952, by s. 37 of Act 68 of 1957 and by s. 5 of Act 17 of 1970 and substituted by s. 2 of Act 53 of 1970.
[NB: S. 2 has been substituted by s. 2 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX . S. 2 has subsequently been substituted by s. 2 of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
The courts and districts existing immediately before the commencement of this Act shall be deemed to have been established under this Act.
All references in any other law to magistrates' courts or courts of resident magistrates shall be read as referring to courts established under this Act.
After the commencement of this Act no new district or sub-district and no regional division shall be created until a report upon the proposal to create such district or subdistrict or division has been obtained from the Public Service Commission.
[Sub-s. (3) amended by s. 4 of Act 40 of 1952.
[NB: S. 3 has been substituted by s. 3 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Every court shall be a court of record.
[Sub-s. (2) deleted by s. 5 (a) of Act 40 of 1952.
Every process issued out of any court shall be of force throughout the Republic. [Sub-s. (3) amended by s. 5 (b) of Act 40 of 1952 and by s. 3 of Act 53 of 1970.
Any process issued out of any court may be served or executed by the messenger of the court appointed for the area within which such process is to be served or executed. (Date of commencement 30 August 1968.
[Sub-s. (4) substituted by s. 26 of Act 70 of 1968.
[NB: Sub-s. (4) has been amended by s. 4 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Except where otherwise provided by law, the proceedings in every court in all criminal cases and the trial of all defended civil actions shall be carried on in open court, and recorded by the presiding officer or other officer appointed to record such proceedings.
The court may in any case, in the interests of good order or public morals, direct that a civil trial shall be held with closed doors, or that (with such exceptions as the court may direct) minors or the public generally shall not be permitted to be present thereat.
[Sub-s. (2) substituted by s. 1 (a) of Act 91 of 1977 and by s. 3 of Act 132 of 1993.
If any person present at any civil proceedings in any court disturbs the peace or order of the court, the court may order that person to be removed and detained in custody until the rising of the court, or, if in the opinion of the court peace cannot be otherwise secured, may order the court room to be cleared and the doors thereof to be closed to the public.
[Sub-s. (3) substituted by s. 1 (a) of Act 91 of 1977.
[Sub-s. (4) amended by s. 6 of Act 40 of 1952 and deleted by s. 1 (b) of Act 91 of 1977.
Either of the official languages may be used at any stage of the proceedings in any court and the evidence shall be recorded in the language so used. [Sub-s. (1) amended by s. 7 of Act 40 of 1952.
If, in a criminal case, evidence is given in a language with which the accused is not in the opinion of the court sufficiently conversant, a competent interpreter shall be called by the court in order to translate such evidence into a language with which the accused professes or appears to the court to be sufficiently conversant, irrespective of whether the language in which the evidence is given, is one of the official languages or of whether the representative of the accused is conversant with the language used in the evidence or not.
Subject to the provisions of section 7A and the rules the records of the court, other than a record with reference to which a direction has been issued under section 153 (2) or 154 (1) of the Criminal Procedure Act, 1977, or with reference to which the provisions of section 154 (2) (a) or 154 (3) of that Act apply, shall be accessible to the public under supervision of the clerk of the court at convenient times and upon payment of the fees prescribed from time to time by the Minister in consultation with the Minister of Finance, and for this purpose and for all other purposes the records of any magistrate's court which has at any time existed within the Republic, shall be deemed to be the records of the court of the district in which the place where such court was held is situated, and such records shall be preserved at the seat of magistracy of that district for such periods as the Director-General: Justice may from time to time determine: Provided that the said Director-General may order that the records of a court for any regional division shall be so preserved at such a place or places within that division as he may from time to time determine: Provided further that payment of such fees shall not be required from any person who satisfies the magistrate of the district where the records of the court are preserved, or any judicial officer designated by the said magistrate from among the members of his staff, that he desires access to the records of the court in connection with research for academic purposes.
[NB: Sub-s. (1) has been substituted by s. 5 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
The Director-General: Justice may order that after expiry of the periods referred to in subsection (1) the records so preserved be removed to a central place of custody or be destroyed or otherwise disposed of.
[S. 7 amended by s. 23 of Act 93 of 1962 and by s. 7 of Act 80 of 1964, substituted by s. 1 of Act 8 of 1967, amended by s. 27 of Act 70 of 1968, by s. 14 of Act 80 of 1971 and by s. 2 of Act 91 of 1977 and substituted by s. 1 of Act 25 of 1987.
Notwithstanding the provisions of section 7, but subject to the provisions of the rules, a summons issued to institute a civil action and the return of service of such summons, shall be preserved by the person who caused the summons to be issued or by his attorney.
A summons and return of service preserved in terms of subsection (1) shall not be accessible to the public.
[S. 7A inserted by s. 2 of Act 25 of 1987.
Every court held under this Act shall be presided over by a judicial officer appointed in the manner provided by this Act.
(a) Subject to the Magistrates Act, 1993, and the provisions of paragraph (b) of this subsection and of section 10, the Minister may appoint for any district or subdistrict a magistrate, one or more additional magistrates or one or more assistant magistrates and for every regional division a magistrate or magistrates.
[Para. (a) substituted by s. 17 of Act 90 of 1993.
to the Director-General of his or her department or another officer of that department with the rank of director or an equivalent or higher rank or a magistrate at the head of a regional division or a person occupying the office of chief magistrate, including an acting chief magistrate.
[Para. (a A) inserted by s. 11 of Act 29 of 1974 and substituted by s. 1 of Act 28 of 1981, by s. 3 (a) of Act 104 of 1996 and by s. 3 (a) of Act 66 of 1998.
No person shall be appointed as a magistrate of a regional division unless he or she has satisfied all the requirements for the degree of baccalaureus legum of a university in the Republic or has passed the Public Service Senior Law Examination or an examination deemed by the Minister to be equivalent or superior to the said examination, and the Magistrates Commission has informed the Minister that he or she is suitable for appointment as a magistrate of a regional division.
[Para. (b) substituted by s. 3 (b) of Act 66 of 1998.
A magistrate of a regional division may also be the magistrate of a district and shall for the purposes of section 12 (5) be deemed to have been duly appointed as an additional magistrate for each district, except the district of which he is the magistrate, falling wholly or partly within the regional division of which he is a magistrate.
[Para. (c) substituted by s. 24 (1) (a) of Act 94 of 1974.
[NB: Para. (c) has been deleted by s. 3 of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation.
A magistrate, an additional magistrate or an assistant magistrate of a district or subdistrict may at the same time also be a magistrate, an additional magistrate or an assistant magistrate of another district.
[Para. (d) added by s. 24 (1) (b) of Act 94 of 1974.
[Sub-s. (1A) inserted by s. 8 (1) of Act 102 of 1972 and deleted by s. 2 of Act 34 of 1986.
do hereby swear/solemnly affirm that in my capacity as a judicial officer I will be faithful to the Republic of South Africa, will uphold and protect the Constitution and the human rights entrenched in it, and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law.'.
[Para. (a) substituted by s. 4 of Act 53 of 1970 and by s. 1 of Act 62 of 2000.
Any such oath or affirmation shall be taken or made in open court before the most senior available magistrate of the district concerned or a justice of the peace who shall at the foot thereof endorse a statement of the fact that it was taken or made before him and of the date on which it was so taken or made and append his signature thereto.
as a magistrate in addition to any magistrate of a regional division or a district.
[Sub-s. (3) substituted by s. 3 (b) of Act 104 of 1996, by s. 3 (c) of Act 66 of 1998 and by s. 1 of Act 28 of 2003.
in consultation with the Minister or an officer in the Department of Justice and Constitutional Development designated by the Minister, temporarily appoint any competent person in the place of the magistrate concerned.
An appointment in terms of paragraph (a) remains valid for the duration of the unavailability of the magistrate in question, or for a period not exceeding five consecutive court days, whichever period is the shortest.
if the magistrate in whose place the appointment has been made, is still unavailable, be reappointed once only in terms of paragraph (a) in the place of that magistrate. [Sub-s. (4) substituted by s. 3 (b) of Act 104 of 1996, by s. 3 (c) of Act 66 of 1998 and by s. 1 of Act 28 of 2003.
The Minister must cause Parliament and the Magistrates Commission to be informed whenever any vacancy in the office of a magistrate has remained unfilled for a continuous period exceeding three months.
[Sub-s. (5) deleted by s. 2 of Act 34 of 1986, added by s. 3 (c) of Act 104 of 1996 and substituted by s. 1 of Act 28 of 2003.
which have not yet been disposed of at the expiry of the period for which he or she was appointed.
may be reappointed to that office in terms of subsection (3).
[Sub-s. (6) added by s. 1 of Act 28 of 2003.
which were not disposed of when he or she vacated the office of magistrate.
The proceedings contemplated in paragraph (a) shall be disposed of at the court where the proceedings were commenced, unless all parties to the proceedings agree unconditionally in writing to the proceedings being resumed in another court mentioned in the agreement.
the period taken to dispose of the proceedings as contemplated in paragraph (a) is deemed to be active service for purposes of the Judges' Remuneration and Conditions of Employment Act, 2001.
If the magistrate contemplated in paragraph (a) has subsequently not been appointed as a Constitutional Court judge or judge as contemplated in paragraph (c) , he or she is entitled to such benefits as determined by the Minister from time to time by notice in the Gazette at an hourly rate.
incapacitated and is not able to dispose of the proceedings in question due to such incapacity, may be exempted by the Minister from the provisions of this subsection, after consultation with the Chief Justice.
[Sub-s. (7) added by s. 1 of Act 22 of 2005.
S. 9 amended by s. 8 of Act 40 of 1952, by s. 17 of Act 50 of 1956, by s.
1957, by s. 24 of Act 93 of 1962, by s. 1 of Act 19 of 1963 and by s. 1 of Act 48 of 1965 and substituted by s. 2 of Act 8 of 1967.
[NB: S. 9 has been substituted by s. 6 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
9 bis.
[S. 9 bis inserted by s. 2 of Act 48 of 1965, amended by s. 5 of Act 53 of 1970 and by s. 2 of Act 28 of 1981 and repealed by s. 4 (a) of Act 104 of 1996.
[NB: Ss. 9 ter and 9 quat have been inserted by s. 8 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
in recommending any person for appointment as a magistrate, additional magistrate or assistant magistrate the Magistrates Commission may give preference to a person who holds a degree in law of a university in South Africa, or has passed the Civil Service Higher Law Examination or an examination deemed by the Commission to be equivalent thereto.
[S. 10 substituted by s. 4 of Act 66 of 1998.
[NB: S. 10 has been substituted by s. 9 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
All magistrates, additional magistrates and assistant magistrates holding office at the commencement of this Act shall be deemed to have been appointed under this Act.
References in any other law to chief magistrates, resident magistrates, magistrates, additional magistrates, civil magistrates or criminal magistrates, shall be read as referring to magistrates appointed under this Act.
[NB: S. 11 has been substituted by s. 10 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[Para. (a) amended by s. 9 of Act 40 of 1952.
[NB: Para. (a) has been substituted by s. 4 (a) of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
[Para. (c) added by s. 5 of Act 66 of 1998.
shall possess such powers and perform such duties conferred or imposed upon magistrates as he is not expressly prohibited from exercising or performing either by the Minister or by the magistrate of the district.
[NB: Para. (b) has been substituted by s. 4 (b) of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
An acting magistrate, additional magistrate, or assistant magistrate, respectively, shall possess the powers and jurisdiction and perform the duties of the magistrate, additional magistrate, or assistant magistrate in whose place he is appointed to act, for the particular case or during the time or in the circumstances for which he is appointed to act.
Every additional magistrate and every assistant magistrate shall, in each district for which he has been appointed, be subject to the administrative direction of the magistrate; and the magistrate shall allocate the work among the additional magistrates and assistant magistrates.
A magistrate of a regional division may, in his capacity as additional magistrate for a district in terms of section 9 (1) (c) , hold a court of that district for the hearing of any civil matter within the jurisdiction of such court.
[Sub-s. (5) added by s. 25 of Act 94 of 1974.
NB: Sub-s. (5) has been repealed and sub-ss. (6), (7) and (8) have been added by s.
and (d) , respectively, of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, provisions which will be put into operation by proclamation. See PENDLEX.
[NB: S. 12 has been substituted by s. 11 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
There shall be appointed for every court by the magistrate of the district in which such court is situated so many clerks of the court and assistant clerks of the court as may be necessary.
[Sub-s. (1) substituted by s. 3 of Act 91 of 1977.
[NB: Sub-s. (1) has been substituted by s. 12 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
A refusal by the clerk of the court to do any act which he is by any law empowered to do shall be subject to review by the court on application either ex parte or on notice as the circumstances may require.
[NB: A s. 13A has been inserted by s. 5 of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
[Sub-s. (1) substituted by s. 10 (1) (a) of Act 40 of 1952 and by s. 28 (1) (a) of Act 70 of 1968, amended by s. 12 of Act 29 of 1974 and by s. 3 of Act 28 of 1981 and repealed by s. 64 (1) of Act 90 of 1986.
[Sub-s. (1A) inserted by s. 28 (1) (b) of Act 70 of 1968 and repealed by s. 64 (1) of Act 90 of 1986.
[Sub-s. (2) amended by s. 28 (1) (c) of Act 70 of 1968 and repealed by s. 64 (1) of Act 90 of 1986.
to (5).
[Sub-ss. (3) to (5) inclusive repealed by s. 64 (1) of Act 90 of 1986.
Sub-s. (6) substituted by s.
90 of 1986.
A messenger receiving any process for service or execution from a practitioner or plaintiff by whom there is due and payable to the messenger any sum of money in respect of services performed more than three months previously in the execution of any duty of his office, and which notwithstanding request has not been paid, may refer such process to the magistrate of the court out of which the process was issued with particulars of the sum due and payable by the practitioner or plaintiff; and the magistrate may, if he is satisfied that a sum is due and payable by the practitioner or plaintiff to the messenger as aforesaid which notwithstanding request has not been paid, by writing under his hand authorize the messenger to refuse to serve or execute such process until the sum due and payable to the messenger has been paid.
[Sub-s. (7) amended by s. 10 (1) (c) of Act 40 of 1952.
A magistrate granting any such authority shall forthwith transmit a copy thereof to the practitioner or plaintiff concerned and a messenger receiving any such authority shall forthwith return to the practitioner or plaintiff the process to which such authority refers with an intimation of his refusal to serve or execute the same and of the grounds for such refusal.
[Sub-s. (8) amended by s. 10 (1) (c) of Act 40 of 1952.
[Sub-s. (9) substituted by s. 6 of Act 53 of 1970 and repealed by s. 64 (1) of Act 90 of 1986.
[NB: S. 14 has been substituted by s. 13 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Whenever process of the court in a civil case is to be served or executed within any area for which no messenger has been appointed, and whenever process of any court in a criminal case is to be served, a member of the police force shall be as qualified to serve or execute all such process and all other documents in such a case as if he had been duly appointed messenger.
[NB: Para. (a) has been amended by the substitution of the expression 'National Revenue Fund' for the expression 'State Revenue Fund' by s. 14 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation.
The fees payable in respect of or in connection with any such service to a messenger shall in any such case be chargeable but shall be paid into the Consolidated Revenue Fund.
[NB: Para. (b) has been amended by s. 14 (b) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[Sub-s. (1) amended by s. 11 (i) and (ii) of Act 40 of 1952 and substituted by s. 29 of Act 70 of 1968.
with the consent of the Minister by a member of the police force, in which case fees in accordance with the scale set out in the rules shall be paid by the public body or such compounded amount in respect of all such process and other documents in any year as may be agreed between the said public body and the Minister, and such fees or such amount shall be paid into the National Revenue Fund.
[Para. (c) amended by s. 4 of Act 18 of 1996.
[Sub-s. (2) amended by s. 11 (iii) of Act 40 of 1952 and substituted by s. 1 of Act 59 of 1982.
An officer in the service of a province of a class defined by the Premier of that province by notice in the Provincial Gazette of the province concerned, shall be competent to serve any process of the court or any other document in a case in which a prosecution takes place for an offence in terms of any law of that province as if he had been appointed as a deputy messenger of the court.
[Sub-s. (3) added by s. 2 (b) of Act 19 of 1963 and amended by s. 4 of Act 18 of 1996.
[NB: Sub-s. (3) has been amended by the substitution of the expression 'deputy sheriff' for the expression 'deputy messenger of the court' by s. 14 (c) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation.
An officer or employee in the service of the State of a class defined by the Minister by notice in the Gazette , * shall be competent to serve any process of the court or any other document in a case in which a prosecution takes place for an offence in terms of a provision of any law specified by the Minister in such notice, * as if he had been appointed as a sheriff of the court.
[Sub-s. (4) added by s. 26 of Act 94 of 1974 and amended by s. 64 (1) of Act 90 of 1986.
The messenger shall receive and cause to be lodged in a prison all persons arrested by such messenger or committed to his custody.
[S. 16 amended by s. 1 of Act 17 of 1969.
[NB: S. 16 has been substituted by s. 15 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
The return of a messenger or of any person authorized to perform any of the functions of a messenger to any civil process of the court, shall be prima facie evidence of the matters therein stated.
[S. 17 substituted by s. 4 of Act 91 of 1977.
[NB: S. 17 has been substituted by s. 16 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[S. 18 repealed by s. 64 (1) of Act 90 of 1986.
[S. 18A inserted by s. 1 of Act 53 of 1983 and repealed by s. 64 (1) of Act 90 of 1986.
Every officer of the court holding office immediately prior to the commencement of this Act shall be deemed to be duly appointed under this Act, and shall be invested with power, duties and authority accordingly.
[NB: S. 19 has been substituted by s. 17 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
An advocate or attorney of any division of the Supreme Court may appear in any proceeding in any court.
A candidate attorney as defined in section 1 of the Attorneys Act, 1979 (Act 53 of 1979), may, subject to section 8 of that Act, appear instead and on behalf of the attorney to whom he has been articled, or under whom he serves community service in terms of a contract of service, in any proceedings in any court.
[S. 21 amended by s. 18 of Act 50 of 1956 and substituted by s. 35 of Act 87 of 1989 and by s. 22 of Act 115 of 1993.
A person who, immediately prior to the commencement of this Act, was entitled to practise as an agent in any court may practise in any court in which he was so entitled, and shall be entitled to be enrolled and to practise in any other court in which he would have been entitled to be enrolled if this Act had not been passed.
The Supreme Court shall possess in respect of any such agent the same powers as it possesses in respect of attorneys of the Supreme Court.
The law society of any Province may bring to the notice of the Supreme Court any facts regarding the conduct of any such agent which, in the opinion of the said Society, ought to be brought to the notice of the Supreme Court, in the same manner as if such agent were an attorney of the Supreme Court.
Whenever in the opinion of a judicial officer a practitioner has been guilty of misconduct or dishonourable practice he shall report the fact- Act 107 of 1985.
in the case of all other practitioners, to the law society concerned.
[S. 24 repealed by s. 7 of Act 53 of 1970.
25 amended by s. 19 of Act 50 of 1956, by s. 2 of Act 93 of 1963, by s. 2 of Act 101 of 1969, by s. 8 of Act 53 of 1970 and by s. 1 of Act 19 of 1985 and repealed by s.
Except where it is otherwise by law provided, the area of jurisdiction of a court shall be the district, subdistrict or area for which such court is established.
A court established for a district shall have no jurisdiction in a subdistrict or in an area referred to in section (2) (h).
Nothing in subsection (2) shall affect proceedings pending in the court of a district at the time of the creation of a subdistrict or an area referred to in section 2 (h).
[S. 26 substituted by s. 9 of Act 53 of 1970.
[NB: S. 26 has been substituted by s. 18 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
no person shall, without his own consent, be liable to appear as a party before any periodical court to answer any claim unless he resides nearer to the place where the periodical court is held than to the seat of magistracy of the district.
[NB: Para. (b) has been substituted by s. 19 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[Sub-para. (iii) added by s. 12 (b) of Act 40 of 1952.
[Sub-para. (iv) added by s. 12 (b) of Act 40 of 1952.
any person who owns immovable property within the district in actions in respect of such property or in respect of mortgage bonds thereon.
[Sub-s. (1) amended by s. 12 (a) of Act 40 of 1952.
[NB: Sub-s. (1) has been amended by s. 20 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
'Person' and 'defendant' in this section include the State.
[NB: S. 28 has been substituted by s. 6 of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
[Para. (e) substituted by s. 172 (2) of Act 34 of 2005.
[Para. (f A) inserted by s. 2 of Act 157 of 1993.
actions other than those already mentioned in this section, where the claim or the value of the matter in dispute does not exceed the amount * determined by the Minister from time to time by notice in the Gazette.
[NB: Sub-s. (1) has been amended by s. 21 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
In subsection (1) 'action' includes a claim in reconvention.
[S. 29 amended by s. 13 of Act 40 of 1952, by s. 39 of Act 68 of 1957, by s. 3 of Act 19 of 1963 and by s. 10 of Act 53 of 1970, substituted by s. 27 of Act 94 of 1974, amended by s. 1 of Act 56 of 1984 and by s. 35 of Act 88 of 1984 and substituted by s. 3 of Act 25 of 1987.
[NB: Sub-ss. (3) and (4) have been added by s. 21 (b) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[NB: S. 29 has been substituted by s. 7 of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
of the Black Administration Act, 1927 (Act 38 of 1927), the said court may confirm, alter or set aside the judgment after hearing such evidence as may be tendered by the parties to the dispute, or as may be deemed desirable by the court.
A confirmation, alteration or setting aside in terms of subsection (1), shall be deemed to be a decision of a magistrate's court for the purposes of the provisions of Chapter XI.
[S. 29A inserted by s. 2 of Act 34 of 1986.
[NB: S. 29A has been substituted by s. 22 and a s. 29B has been inserted by s. 23 of the Magistrates' Courts Amendment Act 120 of 1993, provisions which will be put into operation by proclamation. See PENDLEX.
Subject to the limits of jurisdiction prescribed by this Act, the court may grant against persons and things orders for arrest tanquam suspectus de fuga , attachments, interdicts and mandamenten van spolie.
Confirmation by the court of any such attachment or interdict in the judgment in the action shall operate as an extension of the attachment or interdict until execution or further order of the court.
[Para. (a) amended by s. 4 of Act 19 of 1963.
[Para. (b) amended by s. 4 of Act 19 of 1963.
it appears that the respondent is about to remove from the Republic.
[Para. (c) amended by s. 11 of Act 53 of 1970.
The court may order attachment of person or property to found or confirm jurisdiction against any person who does not reside in the Republic, in respect of an action within its jurisdiction, where the claim or the value of the matter in dispute amounts to at least forty rand, exclusive of any costs in respect of the recovery thereof, and may grant an order allowing service of any process in such action to be effected in such manner as may be stated in such order.
[S. 30 bis inserted by s. 8 of Act 80 of 1964.
When a summons is issued in which is claimed the rent of any premises, the plaintiff may include in such summons a notice prohibiting any person from removing any of the furniture or other effects thereon which are subject to the plaintiff's hypothec for rent until an order relative thereto has been made by the court.
The messenger shall, if required by the plaintiff and at such plaintiff's expense, make an inventory of such furniture or effects.
[NB: Sub-s. (2) has been amended by s. 24 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Such notice shall operate to interdict any person having knowledge thereof from removing any such furniture or effects.
Any person affected by such notice may apply to the court to have the same set aside.
Upon an affidavit by or on behalf of the landlord of any premises situate within the district, that an amount of rent not exceeding the jurisdiction of the court is due and in arrear in regard to the said premises, and that the said rent has been demanded in writing for the space of seven days and upwards, or, if not so demanded, that the deponent believes that the tenant is about to remove the movable property upon the said premises, in order to avoid the payment of such rent, and upon security being given to the satisfaction of the clerk to the court to pay all damages, costs and charges which the tenant of such premises, or any other person, may sustain or incur by reason of the attachment hereinafter mentioned, if the said attachment be thereafter set aside, the court may, upon application, issue an order to the messenger requiring him to attach so much of the movable property upon the premises in question and subject to the landlord's hypothec for rent as may be sufficient to satisfy the amount of such rent, together with the costs of such application and of any action for the said rent.
[NB: Sub-s. (1) has been amended by s. 25 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Any person affected by such order may apply to have it set aside.
A respondent whose property has been so attached may by notice in writing to the clerk of the court admit that such property is subject to the landlord's hypothec for an amount to be specified in such notice and may consent that such property (other than property protected from seizure by the provisions of section sixty-seven) be sold in satisfaction of such amount and costs; and such notice shall have the same effect as a consent to judgment for the amount specified.
The court may appoint a curator ad litem in any case in which such a curator is required or allowed by law for a party to any proceedings brought or to be brought before the court.
In any action the court may, upon the application of either party, summon to its assistance one or two persons of skill and experience in the matter to which the action relates who may be willing to sit and act as assessors in an advisory capacity.
[NB: S. 34 has been substituted by s. 1 of the Magistrates' Courts Amendment Act 67 of 1998, a provision which will be put into operation by proclamation. See PENDLEX.
An action or proceeding may, with the consent of all the parties thereto, or upon the application of any party thereto, and upon its being made to appear that the trial of such action or proceeding in the court wherein summons has been issued may result in undue expense or inconvenience to such party, be transferred by the court to any other court.
An interpleader summons, if issued in the court of the district in which the property was attached, may, at the discretion of the court, be remitted for trial to the court in which the judgment was given.
[NB: Sub-s. (2) has been substituted by s. 26 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
An action commenced in a periodical court may, at the discretion of the court, be transferred to the court of the district, or (subject to the provisions of paragraph (b) of section twenty-seven) vice versa.
rescind or vary any judgment in respect of which no appeal lies.
If a plaintiff in whose favour a default judgment has been granted has agreed in writing that the judgment be rescinded or varied, a court must rescind or vary such judgment on application by any person affected by it.
[S. 36 substituted by s. 1 of Act 55 of 2002.
In actions wherein the sum claimed, being within the jurisdiction, is the balance of an account, the court may enquire into and take evidence if necessary upon the whole account, even though such account contains items and transactions exceeding the amount of the jurisdiction.
Where the amount claimed or other relief sought is within the jurisdiction, such jurisdiction shall not be ousted merely because it is necessary for the court, in order to arrive at a decision, to give a finding upon a matter beyond the jurisdiction.
In considering whether a claim is or is not within the jurisdiction, no prayer for interest on the principal sum claimed or for costs or for general or alternative relief shall be taken into account.
In order to bring a claim within the jurisdiction, a plaintiff may in his summons or at any time thereafter explicitly abandon part of such claim.
If any part of a claim be so abandoned it shall thereby be finally extinguished: Provided that, if the claim be upheld in part only, the abandonment shall be deemed first to take effect upon that part of the claim which is not upheld.
In order to bring a claim within the jurisdiction a plaintiff may, in his summons or at any time after the issue thereof, deduct from his claim, whether liquidated or unliquidated, any amount admitted by him to be due by himself to the defendant.
A substantive claim exceeding the jurisdiction may not be split with the object of recovering the same in more than one action if the parties to all such actions would be the same and the point at issue in all such actions would also be the same.
Any number of persons, each of whom has a separate claim against the same defendant, may join as plaintiffs in one action if their right to relief depends upon the determination of some question of law or fact which if separate actions were instituted would arise in each action: Provided that if such joint action be instituted the defendant may apply to court for an order directing that separate trials be held and the court in its discretion may make such order as it deems just and expedient.
In any joint action instituted as aforesaid judgment may be given for such one or more of the plaintiffs as may be found entitled to relief.
If all the plaintiffs fail in any such action, the court may make such order as to costs as to it may seem just; in particular, it may order that the plaintiffs pay the costs of the defendant jointly and severally, the one paying the other to be absolved, and that if one plaintiff pays more than his pro rata share of the costs of the defendant, he shall be entitled to recover from the other plaintiffs their pro rata share of such excess.
If some of the plaintiffs succeed and others fail, the court may make such order as to costs as it may deem just.
Several defendants may be sued in the alternative or both in the alternative and jointly in one action, whenever it is alleged by the plaintiff that he has suffered damages and that it is uncertain which of the defendants is in law responsible for such damages: Provided that on the application of any of the defendants the court may in its discretion order that separate trials be held, or make such other order as it may deem just and expedient.
If judgment is given in favour of the plaintiff against more than one of the defendants the court may make such order as to costs as to it may seem just; in particular it may order those defendants against whom it gives judgment to pay the plaintiff's costs jointly and severally, the one paying the other to be absolved, and that if one of the unsuccessful defendants pays more than his pro rata share of the costs of the plaintiff he shall be entitled to recover from the other unsuccessful defendants their pro rata share of such excess.
the unsuccessful defendants to pay the costs of the successful defendant jointly and severally, the one paying the other to be absolved, and that if one of the unsuccessful defendants pays more than his pro rata share of the costs of the successful defendant, he shall be entitled to recover from the other unsuccessful defendants their pro rata share of such excess, and the court may further order that if the successful defendant is unable to recover the whole or any part of his costs from the unsuccessful defendants, he shall be entitled to recover from the plaintiff such part of his costs as he cannot recover from the unsuccessful defendants.
If two or more claims, each based upon a different cause of action, are combined in one summons, the court shall have the same jurisdiction to decide each such claim as it would have had if each claim had formed the sole subject of a separate action.
If a claim for the confirmation of an interdict or arrest granted pendente lite be joined in the same summons with a claim for relief of any other character, the court shall have the same jurisdiction to decide each such claim as it would have had if each claim had formed the sole subject of a separate action, even though all the claims arise from the same cause of action.
In sections thirty-four , thirty-five and thirty-seven to forty-three inclusive, 'action', 'claim' and 'summons' include 'claim in reconvention', and 'plaintiff' and 'defendant' include 'plaintiff in reconvention' and 'defendant in reconvention' respectively.
Subject to the provisions of section forty-six , the court shall have jurisdiction to determine any action or proceeding otherwise beyond the jurisdiction, if the parties consent in writing thereto: Provided that no court other than a court having jurisdiction under section twenty-eight shall, except where such consent is given specifically with reference to particular proceedings already instituted or about to be instituted in such court, have jurisdiction in any such matter.
[NB: Sub-s. (1) has been amended by s. 27 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Any provision in a contract existing at the commencement of the Act or thereafter entered into, whereby a person undertakes that, when proceedings have been or are about to be instituted, he will give such consent to jurisdiction as is contemplated in the proviso to subsection (1), shall be null and void.
Subject to the provisions of the Indian Immigration Law 25 of 1891 of Natal, the court shall have no jurisdiction in matters in which the dissolution of a marriage or separation from bed and board or of goods of married persons is sought.
[NB: Sub-s. (1) has been substituted by s. 28 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX . Sub-s. (1) has subsequently been repealed by s. 8 of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation.
[Sub-para. (i) substituted by s. 4 of Act 25 of 1987.
[Sub-para. (ii) substituted by s. 4 of Act 25 of 1987.
[Sub-para. (iii) substituted by s. 4 of Act 25 of 1987.
[Para. (c) amended by s. 5 of Act 19 of 1963 and substituted by s. 28 of Act 94 of 1974 and by s. 2 of Act 56 of 1984.
in which is sought a decree of perpetual silence.
[NB: Sub-s. (2) has been amended by s. 28 (b) and a s. 46A has been inserted by s. 29 of the Magistrates' Courts Amendment Act 120 of 1993, provisions which will be put into operation by proclamation. See PENDLEX.
When in answer to a claim within the jurisdiction the defendant sets up a counterclaim exceeding the jurisdiction, the claim shall not on that account be dismissed; but the court may, if satisfied that the defendant has prima facie a reasonable prospect on his counterclaim of obtaining a judgment in excess of its jurisdiction, stay the action for a reasonable period in order to enable him to institute an action in a competent court. The plaintiff in the magistrate's court may (notwithstanding his action therein) counterclaim in such competent court and in that event all questions as to the costs incurred in the magistrate's court shall be decided by that competent court.
[NB: Sub-s. (1) has been amended by s. 30 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
dismiss the counterclaim (whether the defendant does or does not reduce such counterclaim to an amount within the jurisdiction of the court).
[NB: Sub-s. (2) has been amended by s. 30 (b) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
If the defendant has failed to institute action within such further period or if the action instituted by the defendant be stayed, dismissed, withdrawn, or abandoned, or if the competent court has granted absolution from the instance thereon, the magistrate's court shall, upon application, dismiss the counterclaim and shall proceed to determine the claim.
[NB: Sub-s. (3) has been amended by s. 30 (c) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[Para. (d) substituted by s. 3 of Act 48 of 1965.
an order, subject to such conditions as the court thinks fit, against the party in whose favour judgment has been given suspending wholly or in part the taking of further proceedings upon the judgment for a specified period pending arrangements by the other party for the satisfaction of the judgment.
[Para. (e) substituted by s. 12 of Act 53 of 1970.
which judgment has been granted in specified instalments or otherwise, including an order contemplated by section 65J or 73.
[Para. (f) added by s. 1 of Act 81 of 1997.
Costs awarded in interlocutory proceedings shall not be ceded without the consent of the court awarding such costs.
[NB: Para. (b) has been substituted by s. 31 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
the applicant shall give such security as the court may determine and approve, for payment of the amount claimed and such further amount to be determined by the court not exceeding the amount * determined by the Minister from time to time by notice in the Gazette , for costs already incurred in the action and which may be incurred in the said provincial or local division.
[Para. (c) amended by s. 6 of Act 19 of 1963 and substituted by s. 5 (b) of Act 25 of 1987.
Upon compliance by the applicant with those provisions, all proceedings in the action in the court shall be stayed, and the action and all proceedings therein, shall, if the plaintiff so requires, be as to the defendant or defendants, forthwith removed from the court into the provincial or local division aforesaid having jurisdiction. Upon the removal, the summons in the court shall, as to the defendant or defendants, stand as the summons in the division to which the action is removed, the return date thereof being the date of the order of removal in an action other than one founded on a liquid document, and, in an action founded on a liquid document, being such convenient day on which the said division sits for the hearing of provisional sentence cases, as the court may order: Provided that the plaintiff in the action may, instead of requiring the action to be so removed, issue a fresh summons against the defendant or defendants in any competent court and the costs already incurred by the parties to the action shall be costs in the cause.
[Sub-s. (1) amended by s. 6 of Act 19 of 1963 and by s. 5 (a) of Act 25 of 1987.
If the plaintiff is successful in an action so removed to a provincial or local division, he may be awarded costs as between attorney and client.
[NB: A s. 50A has been inserted by s. 32 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Any party to any civil action or other proceeding where the attendance of witnesses is required may procure the attendance of any witness (whether residing or for the time being within the district or not) in the manner in the rules provided.
[NB: Sub-s. (1) has been amended by s. 33 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
If any person, being duly subpoenaed to give evidence or to produce any books, papers or documents in his possession or under his control which the party requiring his attendance desires to show in evidence, fails, without lawful excuse, to attend or to give evidence or to produce those books, papers or documents according to the subpoena or, unless duly excused, fails to remain in attendance throughout the trial, the court may, upon being satisfied upon oath or by the return of the messenger that such person has been duly subpoenaed and that his reasonable expenses, calculated in accordance with the tariff prescribed under section 51 bis , have been paid or offered to him, impose upon the said person a fine not exceeding R300, and in default of payment, imprisonment for a period not exceeding three months, whether or not such person is otherwise subject to the jurisdiction of the court.
[Para. (a) amended by s. 7 of Act 19 of 1963, substituted by s. 9 of Act 80 of 1964, amended by s. 5 of Act 91 of 1977 and substituted by s. 2 of Act 19 of 1985.
[NB: Para. (a) has been amended by s. 33 (b) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
If any person so subpoenaed fails to appear or, unless duly excused, to remain in attendance throughout the trial the court may also, upon being satisfied as aforesaid and in case no lawful excuse for such failure seems to the court to exist, issue a warrant for his apprehension in order that he may be brought up to give his evidence and to be otherwise dealt with according to law, whether or not such person is otherwise subject to the jurisdiction of the court.
The court may, on cause shown, remit the whole or any part of any fine or imprisonment which it has imposed under this subsection.
The court may order the costs of any postponement or adjournment occasioned by the default of a witness or any portion of such costs to be paid out of any fine imposed upon such witness.
that the compelling of his attendance would be an abuse of the process of the court, the court may, after reasonable notice to the party suing out the subpoena, make an order cancelling such subpoena.
The Minister may in consultation with the Minister of Finance from time to time by notice in the Gazette prescribe a tariff of allowances which shall be paid to a witness in civil proceedings or to any person necessarily required to accompany any such witness on account of his youth or infirmity due to old age or any other infirmity.
Such notice may differentiate between persons according to the distances which they have to travel to attend the court to which they are summoned or subpoenaed or according to their professions, callings or occupations or between different classes of persons, and may empower such officers in the service of the State as may be specified therein, in cases where payment of allowances in accordance with the tariffs so prescribed may cause undue hardship, to order payment of allowances in accordance with a higher tariff than the tariff so prescribed.
Notwithstanding anything to the contrary in any law contained, the court may order that no allowances or only a portion of the allowances prescribed shall be paid to any witness.
[S. 51 bis inserted by s. 10 of Act 80 of 1964.
Whenever a witness resides or is in a district other than that wherein the case is being heard, the court may, if it appears to be consistent with the ends of justice, upon the application of either party approve of such interrogatories as either party shall desire to have put to such witness and shall transmit the same, together with any further interrogatories framed by the court, to the court of the district within which such witness resides or is.
[NB: Sub-s. (1) has been amended by s. 34 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
The last-mentioned court shall thereupon subpoena such witness to appear and upon his appearance shall take his evidence in manner and form as if he were a witness in a case pending before that court, and shall put to the witness the said interrogatories and such other questions as may seem to it necessary to obtain full and true answers to the interrogatories and shall record the evidence of the witness and shall transmit such record to the court in which such case is pending. The said record shall (subject to all lawful objections) be received as evidence in that case.
Every witness so subpoenaed to appear shall be liable to the like penalties in case of non-attendance or failure to give evidence or to produce books, papers or documents as if he had been subpoenaed to give evidence in the court of the district in which he resides or is.
[NB: Sub-s. (3) has been amended by s. 34 (b) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
The court may in any case which is pending before it, where it may be expedient and consistent with the ends of justice to do so, appoint a person to be a commissioner to take evidence of any witness, whether within the Republic or elsewhere, upon the request of one of the parties to such case and after due notice to the other party.
[Sub-s. (1) amended by s. 13 of Act 53 of 1970.
The person so appointed shall put to such witness such questions as have been transmitted to him on agreement between the parties, or otherwise shall allow the parties to examine such witness, and may himself examine such witness as if the witness were being examined in court, and shall record the evidence or cause it to be recorded, whereupon the evidence recorded shall be read over to the witness and shall be signed by him.
[Sub-s. (2) amended by s. 14 of Act 40 of 1952.
The said record shall (subject to all lawful objections) be received as evidence in the case.
The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of the parties or their representatives.
Such order shall be binding on the parties unless altered at the trial to prevent manifest injustice.
If a party refuses or neglects to appear at the conference the court may, without derogation from its power to punish for contempt of court, make such order as it considers equitable in the circumstances and upon conclusion of the proceedings may order the party who has so absented himself to pay such costs as in the opinion of the court were incurred as a result of the said absence.
The Court may make such order as to the costs of any proceedings under this section as it deems fit.
such other matters as may aid in the disposal of the action in the most expeditious and least costly manner.
[S. 54A inserted by s. 2 of Act 34 of 1986 and repealed by s. 2 of Act 45 of 1988.
[Heading substituted by s. 1 of Act 63 of 1976.
'debt' means any liquidated sum of money due.
[S. 55 amended by s. 8 of Act 19 of 1963 and substituted by s. 14 of Act 53 of 1970 and by s. 1 of Act 63 of 1976.
If any person (in this section called the debtor) pays any debt due by him to any other person (in this section called the creditor) after the creditor has caused a registered letter of demand to be sent to the debtor through an attorney demanding payment of the debt, the creditor shall be entitled to recover from the debtor the fees and costs prescribed in the rules for a registered letter of demand: Provided that the amount of such fees and costs was stated in the letter of demand.
[S. 56 substituted by s. 1 of Act 63 of 1976.
agree that in the event of his failure to carry out the terms of his offer the plaintiff shall, without notice to the defendant, be entitled to apply for judgment for the amount of the outstanding balance of the debt for which he admits liability, with costs, and for an order of court for payment of the judgment debt and costs in instalments or otherwise in accordance with his offer, and if the plaintiff or his attorney accepts the said offer, he shall advise the defendant of such acceptance in writing by registered letter.
order the defendant to pay the judgment debt and costs in specified instalments or otherwise in accordance with his offer, and such order shall be deemed to be an order of the court mentioned in section 65A (1).
When the judgment referred to in subsection (2) has been entered and an order made, and if the judgment debtor was not present or represented when the judgment was entered by the clerk of the court and the order made, the judgment creditor or his or her attorney shall forthwith advise the judgment debtor by registered letter of the terms of the judgment and order.
[Sub-s. (3) substituted by s. 2 of Act 81 of 1997.
Any judgment entered in favour of the plaintiff under subsection (2) shall have the effect of a judgment by default.
[S. 57 amended by s. 15 of Act 53 of 1970 and substituted by s. 1 of Act 63 of 1976.
if it appears from the defendant's written consent to judgment that he has also consented to an order of court for payment in specified instalments or otherwise of the amount of the debt and costs in respect of which he has consented to judgment, order the defendant to pay the judgment debt and costs in specified instalments or otherwise in accordance with this consent, and such order shall be deemed to be an order of the court mentioned in section 65A (1).
The provisions of section 57 (3) and (4) shall apply in respect of the judgment and court order referred to in subsection (1) of this section.
[S. 58 substituted by s. 1 of Act 63 of 1976.
Any judgment by default entered in terms of this Act by the clerk of the court, shall be deemed to be a judgment of the court.
[S. 58A inserted by s. 6 of Act 25 of 1987.
If no summons is issued in an action the written request referred to in sections 57 (2) and 58 (1) shall constitute the first document to be filed in the action and shall contain the particulars prescribed in the rules.
[S. 59 amended by s. 9 of Act 19 of 1963 and substituted by s. 1 of Act 63 of 1976.
Unless expressly otherwise provided in this Act or the rules and the National Credit Act, 2005 (Act 34 of 2005) , and subject to the provisions of section 19 of the Debt Collectors Act, 1998, no person other than an attorney, an agent referred to in section 22 or a person authorised by or under the provisions of the National Credit Act, 2005 (Act 34 of 2005) , to do so shall be entitled to recover from the debtor any fees or remuneration in connection with the collection of any debt.
[Sub-s. (1) substituted by s. 27 of Act 114 of 1998 and by s. 172 (2) of Act 34 of 2005.
Any person who contravenes any provision of subsection (1), shall be guilty of an offence and on conviction be liable to a fine not exceeding R4 000, or, in default of payment, to imprisonment for a period not exceeding 12 months, or to both such fine and such imprisonment.
[Sub-s. (2) added by s. 2 of Act 4 of 1991.
[S. 60 substituted by s. 1 of Act 63 of 1976.
'debts' includes any income from whatever source other than emoluments.
Any court which has jurisdiction to try an action shall have jurisdiction to issue against any party thereto any form of process in execution of its judgment in such action.
A court (in this subsection called a second court), other than the court which gave judgment in an action, shall have jurisdiction on good cause shown to stay any warrant of execution or arrest issued by another court against a party who is subject to the jurisdiction of the second court.
Any court may, on good cause shown, stay or set aside any warrant of execution or arrest issued by itself, including an order under section seventy-two.
Execution against property may not be issued upon a judgment after three years from the day on which it was pronounced or on which the last payment in respect thereof was made, except upon an order of the court in which judgment was pronounced or of any court having jurisdiction, in respect of the judgment debtor, on the application and at the expense of the judgment creditor, after due notice to the judgment debtor to show cause why execution should not be issued.
Any person who has, either by cession or by operation of law, become entitled to the benefit of a judgment debt may, after notice to the judgment creditor, and the judgment debtor, be substituted on the record for the judgment creditor and may obtain execution in the manner provided for judgment creditors.
If at any time after a court has given judgment for the payment of a sum of money and before the issue of a notice under section 65A (1), the judgment debtor makes a written offer to the judgment creditor to pay the judgment debt in specified instalments or otherwise and such offer is accepted by the judgment creditor or his attorney, the clerk of the court shall, at the written request of the judgment creditor or his attorney, accompanied by the offer, order the judgment debtor to pay the judgment debt in specified instalments or otherwise in accordance with his offer, and such order shall be deemed to be an order of the court mentioned in section 65A (1).
S. 65 substituted by s. 15 of Act 40 of 1952, amended by s. 1 of Act 14 of 1954, by s. 20 of Act 50 of 1956, by s. 10 of Act 19 of 1963, by s. 30 of Act 70 of 1968 and by s.
Act 17 of 1969 and substituted by s. 2 of Act 63 of 1976.
If a court has given judgment for the payment of a sum of money or has ordered the payment in specified instalments or otherwise of such an amount, and such judgment or order has remained unsatisfied for a period of 10 days from the date on which it was given or on which such an amount became payable or from the expiry of the period of suspension ordered in terms of section 48 (e) , as the case may be, the judgment creditor may issue, from the court of the district in which the judgment debtor resides, carries on business or is employed, or if the judgment debtor is a juristic person, from the court of the district in which the registered office or main place of business of the juristic person is situate, a notice calling upon the judgment debtor or, if the judgment debtor is a juristic person, a director or officer of the juristic person as representative of the juristic person and in his or her personal capacity, to appear before the court in chambers on a date specified in such notice in order to enable the court to inquire into the financial position of the judgment debtor and to make such order as the court may deem just and equitable.
A notice referred to in paragraph (a) shall be drawn up by the judgment creditor or his or her attorney, signed by the judgment creditor or his or her attorney and the clerk of the court, and served by the sheriff, or by the attorney of the judgment creditor or any candidate attorney in his or her employ, on the judgment debtor or, if the judgment debtor is a juristic person, on the director or officer summonsed as the representative of the juristic person and in his or her personal capacity, in the manner prescribed by the rules for the service of process in general and at least ten days before the date fixed in the notice for the appearance before the court.
The fees and charges in respect of a notice served by any attorney or candidate attorney shall be determined in accordance with the tariffs prescribed by the rules for the service of process by a sheriff: Provided that no such fees and charges shall be payable unless personal service of the notice has been effected.
[Sub-s. (1) substituted by s. 3 (a) of Act 81 of 1997.
If the minutes of the proceedings do not show that the judgment debtor was present in person or represented by any person when judgment was given and if no warrant of execution pursuant to the judgment has been served on the judgment debtor personally, no notice under subsection (1) shall be issued unless the judgment creditor or his or her attorney provides proof to the satisfaction of the clerk of the court that he or she has advised the judgment debtor by registered letter of the terms of the judgment or of the expiry of the suspension ordered under section 48 (e) , as the case may be, and a period of 10 days has elapsed since the date on which the said letter was posted.
[Sub-s. (2) substituted by s. 3 (b) of Act 81 of 1997.
The court may, at any stage of the proceedings, if a director or officer mentioned in subsection (1) ceases to be a director or officer of the juristic person concerned or absconds, at the request of the judgment creditor, from time to time replace such director or officer by any other person who at the time of such replacement may be a director or officer of the juristic person, and the proceedings shall then continue as if there has been no replacement.
If the court has given judgment for the payment of an amount of money in instalments, no notice under subsection (1) shall be issued unless the judgment creditor has delivered an affidavit or affirmation or his or her attorney has delivered a certificate to the clerk of the court in which is mentioned the outstanding balance of the judgment debt, in what respects the judgment debtor has failed to comply with the court order, to what extent he or she is in arrear with the payment of the instalments and that the judgment debtor was advised by registered letter of the terms of the judgment. [Sub-s. (4) substituted by s. 3 (c) of Act 81 of 1997.
If a judgment debtor fails to satisfy an order to pay the judgment debt in instalments or otherwise, or if an emoluments attachment order has not been satisfied, a judgment creditor may issue anew a notice in accordance with subsection (1).
[Sub-s. (5) added by s. 3 (d) of Act 81 of 1997.
that the judgment debtor, director or officer concerned has failed to remain in attendance at the relevant proceedings or at the proceedings as so postponed, the court may, at the request of the judgment creditor or his or her attorney, authorise the issue of a warrant directing a sheriff to arrest the said judgment debtor, director or officer and to bring him or her before a competent court at the earliest possible opportunity in order to enable that court to conduct an inquiry referred to in subsection (1).
[Sub-s. (6) added by s. 3 (d) of Act 81 of 1997.
A warrant authorised under subsection (6) shall be prepared by the judgment creditor or his or her attorney, signed by the judgment creditor or his or her attorney and the clerk of the court, and executed by the sheriff.
[Sub-s. (7) added by s. 3 (d) of Act 81 of 1997.
Any person arrested under a warrant referred to in subsection (6) shall, in accordance with section 35 (1) (d) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), be brought as soon as reasonably possible before the court within the district of which that person was arrested: Provided that any such person, if it is not possible to bring him or her before the court concerned, may be detained at any police station pending his or her appearance before that court.
contains a certificate signed by the sheriff to the effect that he or she has handed the original of the notice to that person and that he or she has explained to that person the import thereof.
The sheriff shall forthwith forward a duplicate original of the notice to the clerk of the court concerned, and the mere production in the court of such a duplicate original shall be prima facie proof that the original thereof was handed to the person specified therein.
The provisions of subsection (6) shall mutatis mutandis apply in respect of a notice referred to in paragraph (b) . [Sub-s. (8) added by s. 3 (d) of Act 81 of 1997.
wilfully fails to remain in attendance at the relevant proceedings or at the proceedings as so postponed, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.
[Sub-s. (9) added by s. 3 (d) of Act 81 of 1997.
the court contemplated in subsection (8) (a) , if the court is not the court which authorised the issue of the warrant concerned, shall have jurisdiction to conduct an inquiry referred to in subsection (1) and to perform such other acts as the court which authorised the issue of the warrant concerned could lawfully have performed.
that he or she has the right to choose, and be represented by, a legal practitioner.
if the court is of the opinion that it is in the interests of the administration of justice, may at any time before the judgment debtor, director or officer concerned is acquitted or convicted of an offence referred to in subsection (9) suspend such proceedings and refer the matter to the public prosecutor concerned to take a decision on the prosecution of the said judgment debtor, director or officer for such an offence.
[Sub-s. (10) added by s. 3 (d) of Act 81 of 1997.
if the court is of the opinion that it is in the interests of the administration of justice, may transfer the matter to the court which authorised the issue of that warrant. [Sub-s. (11) added by s. 3 (d) of Act 81 of 1997.
If the court before which proceedings under subsections (10) (b) and (11) are pending is not the court which authorised the issue of the warrant concerned, the clerk of the former court shall without any delay notify the clerk of the latter court of the appearance of the judgment debtor, director or officer concerned before the former court, and shall inform the judgment creditor or his or her attorney accordingly.
The clerk of the court which authorised the issue of the warrant concerned shall without any delay furnish the court before which proceedings under subsections (10) (b) and (11) are pending with such records or documents relating to such proceedings as the latter court may direct.
[Sub-s. (12) added by s. 3 (d) of Act 81 of 1997.
[S. 65A inserted by s. 2 of Act 63 of 1976.
[S. 65B inserted by s. 2 of Act 63 of 1976 and repealed by s. 4 of Act 81 of 1997.
If, under section 65A(1), two or more notices have been served on any judgment debtor or director or officer to appear on the same day as provided in that section, the proceedings in terms of such notices may be heard concurrently.
[S. 65C inserted by s. 2 of Act 63 of 1976 and substituted by s. 5 of Act 81 of 1997.
of this section, call upon him or her to give evidence under oath or affirmation on his or her financial position or the financial position of the juristic person, as the case may be, and the court shall permit the examination or cross-examination of the judgment debtor or the said director or officer on all matters relevant to the judgment debtor's financial position and his or her ability to pay the judgment debt, and the court shall receive such further evidence as may be adduced either orally or by affidavit or in such other manner as the court may deem just, by or on behalf of either the judgment debtor or the judgment creditor, as is material to the determination of the judgment debtor's financial position and his or her ability to pay the judgment debt, and for the purposes of such evidence witnesses may be summoned in the manner prescribed in the rules.
[Sub-s. (1) substituted by s. 6 (a) of Act 81 of 1997.
The court may at any time in the presence of the judgment debtor or the said director or officer postpone the proceedings to such date as the court may determine.
in the case of a judgment debtor who is a juristic person, the amounts required by such juristic person to meet its necessary administrative expenses and for the making of periodical payments which it is obliged to make in terms of an order of court, agreement or otherwise in respect of its other commitments as disclosed in the evidence presented at the hearing of the proceedings.
may determine such conditions as it may deem fit.
[Sub-s. (4) amended by s. 6 (b) of Act 81 of 1997.
In determining the ability of the judgment debtor to pay the judgment debt in instalments or otherwise the court may, in its discretion, refuse to take account of the periodical payments that a judgment debtor has undertaken to make in terms of a credit agreement, as defined in section 1 of the National Credit Act, 2005 (Act 34 of 2005) for the purchase of goods which have not been exempted from seizure in terms of section 67 or which cannot, in the opinion of the court, be regarded as the judgment debtor's household requirements.
[Sub-s. (5) substituted by s. 6 (c) of Act 81 of 1997 and amended by s. 172 (2) of Act 34 of 2005.
[NB: Sub-s. (5) has been substituted by s. 36 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[S. 65D inserted by s. 2 of Act 63 of 1976.
for the payment of the judgment debt and costs by the employer of the judgment debtor, and postpone the further hearing of the proceedings.
Any authorization under subsection (1) (a) shall, pending the execution of the warrant, serve as an interdict against the alienation of the property concerned by the judgment debtor.
Proceedings postponed under subsection (1) may again be placed on the roll by the judgment creditor or his attorney by notice delivered personally or served by registered letter addressed to the judgment debtor or, if the judgment debtor is a juristic person, to the director or officer summoned as the representative of the juristic person and in his personal capacity and delivered or posted at least 10 days before the day appointed therein for the hearing.
If the judgment creditor issues or causes to be issued a warrant of execution against movable property belonging to any judgment debtor before the hearing of proceedings in terms of a notice under section 65A (1) and a nulla bona return is made, the judgment creditor shall not be entitled to costs in connection with the issue and execution of such warrant unless the court on good cause shown orders otherwise at the hearing of the proceedings.
The court may from time to time suspend, amend or rescind an order for the payment of a judgment debt and costs in specified instalments made in terms of subsection (1) (c) of this section or section 57, 58 or 65.
Upon an order referred to in subsection (1) (c) of this section or section 57, 58 or 65 having been made and if the judgment debtor was not present or represented in court when the order was made, the judgment creditor or his or her attorney shall forthwith by registered letter advise the judgment debtor of the terms of the order.
[Sub-s. (6) substituted by s. 7 of Act 81 of 1997.
[S. 65E inserted by s. 2 of Act 63 of 1976.
[S. 65F inserted by s. 2 of Act 63 of 1976, amended by s. 3 of Act 19 of 1985 and repealed by s. 8 of Act 81 of 1997.
[S. 65G inserted by s. 2 of Act 63 of 1976 and repealed by s. 9 of Act 81 of 1997.
[S. 65H inserted by s. 2 of Act 63 of 1976 and repealed by s. 10 of Act 81 of 1997.
If, before or during the hearing of the proceedings in terms of a notice under section 65A (1) a judgment debtor has lodged or lodges with the court an application for an administration order for hearing on a date not later than the earliest date on which such application may be heard and it appears that he has complied with the provisions of section 74, the court shall postpone the hearing of the proceedings until the application for an administration order has been disposed of.
If a judgment debtor has not lodged or does not lodge with the court an application for an administration order before or during the hearing of such proceedings and it appears at the hearing that the judgment debtor has other debts as well, the court shall consider whether all the judgment debtor's debts should be treated collectively and if it is of opinion that they should be so treated, it may, with a view to granting an administration order, postpone further hearing of the proceedings to a date determined by the court and order the judgment debtor to submit to the court a full statement of his affairs in the form prescribed in the rules, and containing the particulars for which the said rules make provision and to cause a copy thereof to be delivered by registered post to each of his creditors at least 3 days before the date appointed for the further hearing.
If upon receipt of the statement referred to in subsection (2) it appears that the judgment debtor's total debts do not exceed the amount * determined by the Minister from time to time by notice in the Gazette , the court may grant an administration order under section 74 in respect of the judgment debtor's estate.
[Sub-s. (3) substituted by s. 4 of Act 19 of 1985 and by s. 7 of Act 25 of 1987.
If the court grants an administration order in respect of the judgment debtor's estate, it shall stay the proceedings in terms of the notice under section 65A (1), but may grant the judgment creditor costs already incurred in connection with such proceedings, and such costs may be added to the judgment debt.
[S. 65I inserted by s. 2 of Act 63 of 1976.
Subject to the provisions of subsection (2), a judgment creditor may cause an order (hereinafter referred to as an emoluments attachment order) to be issued from the court of the district in which the employer of the judgment debtor resides, carries on business or is employed, or, if the judgment debtor is employed by the State, in which the judgment debtor is employed.
shall oblige the garnishee to pay from time to time to the judgment creditor or his or her attorney specific amounts out of the emoluments of the judgment debtor in accordance with the order of court laying down the specific instalments payable by the judgment debtor, until the relevant judgment debt and costs have been paid in full.
[Sub-s. (1) substituted by s. 11 (a) of Act 81 of 1997.
[NB: Sub-s. (1) has been amended by s. 38 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
filed with the clerk of the court an affidavit or an affirmation by the judgment creditor or a certificate by his or her attorney setting forth the amount of the judgment debt at the date of the order laying down the specific instalments, the costs, if any, which have accumulated since that date, the payments received since that date and the balance owing and declaring that the provisions of subparagraph (i) have been complied with on the date specified therein.
[Sub-s. (2) substituted by s. 11 (b) of Act 81 of 1997.
Any emoluments attachment order shall be prepared by the judgment creditor or his attorney, shall be signed by the judgment creditor or his attorney and the clerk of the court, and shall be served on the garnishee by the messenger of the court in the manner prescribed by the rules for the service of process.
[Sub-s. (3) substituted by s. 2 of Act 53 of 1983.
NB: Sub-s. (3) has been amended by s.
Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
(a) Deductions in terms of an emoluments attachment order shall be made, if the emoluments of the judgment debtor are paid monthly, at the end of the month following the month in which it is served on the garnishee, or, if the emoluments of the judgment debtor are paid weekly, at the end of the second week of the month following the month in which it is so served on the garnishee, and all payments thereunder to the judgment creditor or his attorney shall be made monthly with effect from the end of the month following the month in which the said order is served on the garnishee.
The judgment creditor or his or her attorney shall, at the reasonable request of the garnishee or the judgment debtor, furnish him or her free of charge with a statement containing particulars of the payments received up to the date concerned and the balance owing.
[Para. (b) added by s. 11 (c) of Act 81 of 1997.
An emoluments attachment order may be executed against the garnishee as if it were a court judgment, subject to the right of the judgment debtor, the garnishee or any other interested party to dispute the existence or validity of the order or the correctness of the balance claimed.
If, after the service of such an emoluments attachment order on the garnishee, it is shown that the judgment debtor, after satisfaction of the emoluments attachment order, will not have sufficient means for his own and his dependants' maintenance, the court shall rescind the emoluments attachment order or amend it in such a way that it will affect only the balance of the emoluments of the judgment debtor over and above such sufficient means.
Any emoluments attachment order may at any time on good cause shown be suspended, amended or rescinded by the court, and when suspending any such order the court may impose such conditions as it may deem just and reasonable.
Whenever any judgment debtor to whom an emoluments attachment order relates leaves the service of a garnishee before the judgment debt has been paid in full, such judgment debtor shall forthwith advise the judgment creditor in writing of the name and address of his new employer, and the judgment creditor may cause a certified copy of such emoluments attachment order to be served on the said new employer, together with an affidavit or affirmation by him or a certificate by his attorney specifying the payments received by him since such order was issued, the costs, if any, incurred since the date on which that order was issued and the balance outstanding.
An employer on whom a certified copy referred to in paragraph (a) has been so served, shall thereupon be bound thereby and shall then be deemed to have been substituted for the original garnishee, subject to the right of the judgment debtor, the garnishee or any other interested party to dispute the existence or validity of the order and the correctness of the balance claimed.
Whenever any judgment debtor to whom an emoluments attachment order relates, leaves the service of the garnishee before the judgment debt has been paid in full and becomes self-employed or is employed by someone else, he or she shall, or shall pending the service of the emoluments attachment order on his or her new employer, again be obliged to comply with the relevant order referred to in subsection (1) (b).
[Para. (a) substituted by s. 11 (d) of Act 81 of 1997.
[Para. (b) deleted by s. 11 (e) of Act 81 of 1997.
Any garnishee may, in respect of the services rendered by him in terms of an emoluments attachment order, recover from the judgment creditor a commission of up to 5 per cent of all amounts deducted by him from the judgment debtor's emoluments by deducting such commission from the amount payable to the judgment creditor.
[S. 65J inserted by s. 2 of Act 63 of 1976.
Unless at the hearing of any proceedings in terms of a notice under section 65A (1) it appears to the court that the judgment debtor, after learning of the judgment upon which such proceedings were founded, made an offer to pay the judgment debt in instalments which the court deems reasonable, or notified the judgment creditor that he was not able to make an offer and the court finds this to be true, the court may order the judgment debtor to pay the costs of such proceedings, but if it appears that the judgment creditor refused such offer, the court may order the judgment creditor to pay such costs, including the loss of wages suffered by the judgment debtor through having to appear in court in connection with the proceedings.
[Sub-s. (2) deleted by s. 12 of Act 81 of 1997.
The provisions of this section shall not preclude the court from making such order regarding costs as it may deem just in any proceedings in terms of a notice under section 65A (1).
[S. 65K inserted by s. 2 of Act 63 of 1976.
[S. 65L inserted by s. 2 of Act 63 of 1976 and repealed by s. 13 of Act 81 of 1997.
If a judgment for the payment of any amount of money has been given by a division of the Supreme Court of South Africa, the judgment creditor may file with the clerk of the court from which the judgment creditor is required to issue a notice in terms of section 65A (1), a certified copy of such judgment and an affidavit or affirmation by the judgment creditor or a certificate by his attorney specifying the amount still owing under the judgment and how such amount is arrived at, and thereupon such judgment, whether or not the amount of such judgment would otherwise have exceeded the jurisdiction of the court, shall have all the effects of a judgment of such court and any proceedings may be taken thereon as if it were a judgment lawfully given in such court in favour of the judgment creditor for the amount mentioned in the affidavit or affirmation or the certificate as still owing under such judgment, subject however to the right of the judgment debtor to dispute the correctness of the amount specified in the said affidavit or affirmation or certificate.
[S. 65M inserted by s. 2 of Act 63 of 1976.
Whenever a court gives judgment for the payment of money or makes an order for the payment of money in instalments, such judgment, in case of failure to pay such money forthwith, or such order in case of failure to pay any instalment at the time and in the manner ordered by the court, shall be enforceable by execution against the movable property and, if there is not found sufficient movable property to satisfy the judgment or order, or the court, on good cause shown, so orders, then against the immovable property of the party against whom such judgment has been given or such order has been made.
Upon such failure to pay any instalment in accordance with any court order, execution may be effected in respect of the whole of the judgment debt and of costs then still unpaid, unless the court, on the application of the party that is liable, orders otherwise. [Sub-s. (1) amended by s. 16 of Act 40 of 1952 and substituted by s. 3 (a) of Act 63 of 1976.
[NB: Para. (b) has been substituted by s. 40 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
the preferent creditor confirms the sale in writing, in which event he shall be deemed to have agreed to accept such proceeds in full settlement of his claim.
A sale in execution of such immovable property as is referred to in subsection (2) shall take place within such period of the date of attachment and in such manner as may be provided by the rules.
If a sale referred to in subsection (3) does not take place or the immovable property concerned is not released from attachment within a period of one year from the date of attachment, such attachment shall lapse.
[Sub-s. (4) added by s. 3 (b) of Act 63 of 1976.
The court may, upon the application and at the expense of the judgment creditor, after due notice of such application has been given to the judgment debtor, extend the period of one year referred to in subsection (4) by further periods of one year each.
[Sub-s. (5) added by s. 3 (b) of Act 63 of 1976.
A judgment creditor (whether by virtue of a judgment given in the Supreme Court of South Africa or in a magistrate's court) desiring to attach immovable property that is already under attachment (whether made by a deputy sheriff or by a messenger) and in respect of which a sale in execution is not pending, and who has lodged a warrant of execution with the deputy sheriff or messenger of the court, may, after notifying the interested parties, apply to the court for an order to the effect that the property may be sold in terms of this warrant.
[Sub-s. (6) added by s. 3 (b) of Act 63 of 1976.
[NB: Sub-s. (6) has been substituted by s. 40 (b) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
A messenger who is directed to attach immovable property, shall not be precluded merely by the absence of the execution debtor from his place of residence or business, from discharging his duties, but may discharge his duties if he is able to do so and shall endorse a return of service to the court on the warrant.
[Sub-s. (7) added by s. 3 (b) of Act 63 of 1976.
[NB: Sub-s. (7) has been amended by s. 40 (c) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
If the execution debtor, having been requested by the messenger of the court to point out property in order to satisfy a warrant of execution against movable property, declares that he has no movable property or insufficient movable property and the messenger is unable to find sufficient movable property to satisfy the warrant, the messenger shall request the execution debtor to declare whether he has immovable property which is executable and shall enter the execution debtor's reply in his return of service endorsed on such warrant.
[Sub-s. (8) added by s. 3 (b) of Act 63 of 1976.
[NB: Sub-s. (8) has been amended by s. 40 (d) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[Para. (b) amended by s. 25 of Act 93 of 1962 and substituted by s. 5 (a) of Act 19 of 1985 and by s. 1 (a) of Act 204 of 1993.
[Para. (c) amended by s. 25 of Act 93 of 1962 and substituted by s. 5 (b) of Act 19 of 1985 and by s. 1 (a) of Act 204 of 1993.
[Para. (e) amended by s. 25 of Act 93 of 1962 and substituted by s. 5 (c) of Act 19 of 1985 and by s. 1 (b) of Act 204 of 1993.
Para. (f) amended by s. 25 of Act 93 of 1962 and substituted by s.
1985 and by s. 1 (b) of Act 204 of 1993.
Provided that the court shall have a discretion in exceptional circumstances and on such conditions as it may determine to increase the amounts determined by the Minister in respect of paragraphs (b) , (c) , (e) and (f).
[S. 67 amended by s. 5 (e) of Act 19 of 1985 and by s. 1 (c) of Act 204 of 1993.
The messenger executing any process of execution against movable property may, by virtue of such process, also seize and take any money or bank notes, and may seize, take and sell in execution cheques, bills of exchange, promissory notes, bonds, or securities for money belonging to the execution debtor.
[NB: Sub-s. (1) has been amended by s. 41 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
The messenger may also hold any cheques, bills of exchange, promissory notes, bonds or securities for money which have been seized or taken, as security for the benefit of the execution creditor for the amount directed to be levied by the execution so far as it is still unsatisfied; and the execution creditor may, when the time of payment has arrived, sue in the name of the execution debtor, or in the name of any person in whose name the execution debtor might have sued, for the recovery of the sum secured or made payable thereby.
[NB: Sub-s. (2) has been amended by s. 41 (b) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
The messenger may also under any process of execution against movable property attach and sell in execution the interest of the execution debtor in any movable property belonging to him and pledged or sold under a suspensive condition to a third person, and may also sell the interest of the execution debtor in property movable or immovable leased to the execution debtor or sold to him under any hire purchase contract or under a suspensive condition.
[NB: Sub-s. (3) has been amended by s. 41 (c) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Whenever, if the sale had not been in execution, it would have been necessary for the execution debtor to endorse a document or to execute a cession in order to pass the property to a purchaser, the messenger may so endorse the document or execute the cession, as to any property sold by him in execution.
[NB: Sub-s. (4) has been amended by s. 41 (d) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
The messenger may also, as to immovable property sold by him in execution, do anything necessary to effect registration of transfer. Anything done by the messenger under this subsection or subsection (4) shall be as valid and effectual as if he were the execution debtor.
[NB: Sub-s. (5) has been amended by s. 41 (e) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Where judgment is given against a member of a partnership or syndicate in an action in which he individually was plaintiff or defendant, his interest in the partnership or syndicate may be attached and sold in execution.
Where any person, not being the judgment debtor makes any claim to or in respect of any property attached or about to be attached in execution under the process of any court, or to the proceeds of such property sold in execution, his claim shall be adjudicated upon after issue of a summons in the manner provided by the rules.
Upon the issue of such summons any action which may have been brought in any court whatsoever in respect of such property shall be stayed and shall abide the result of the proceedings taken upon such summons.
Where two or more persons make adverse claims to any property in the custody or possession of a third party such claims shall be adjudicated upon after issue of a summons in the manner provided by the rules.
A sale in execution by the messenger shall not, in the case of movable property after delivery thereof or in the case of immovable property after registration of transfer, be liable to be impeached as against a purchaser in good faith and without notice of any defect.
[NB: S. 70 has been amended by s. 42 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
If, after a sale in execution, there remains any surplus in the hands of the messenger, it shall be liable to attachment for any other unsatisfied judgment debt.
[NB: S. 71 has been amended by s. 43 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Any movable property in the custody of the messenger or any other person acting on his behalf in respect of which attachment has been withdrawn or which is released from attachment and in respect of which the owner or person from whose possession the property has been removed, cannot be traced, and which cannot be disposed of in terms of this Act, shall be sold by the messenger by public auction, and the proceeds of the sale shall, after deduction of the messenger's costs, be paid into the Consolidated Revenue Fund: Provided that such sale shall not take place unless such property has remained unclaimed for a period of fourteen days after the messenger has published, in one English and one Afrikaans newspaper circulating in the district where the last known address of the judgment debtor is situate, a notice containing the name of the judgment debtor, a description of the property and stating the intention to sell such property if it is not claimed within the period specified therein.
After the public auction referred to in subsection (1), the messenger shall draw up a vendue roll as if the sale was a sale in execution of property and shall attach the roll to his return in respect of the relevant process of the court in the case together with proof that the proceeds of the sale have been paid into the Consolidated Revenue Fund.
The proceeds of a sale paid into the Consolidated Revenue Fund in terms of this section, shall be refunded out of accruing revenue to any person who satisfies a judicial officer of the district in which the sale took place that he would have been entitled to receive the property referred to in this section after the attachment thereof had been withdrawn or the property had been released from attachment.
[S. 71A inserted by s. 16 of Act 53 of 1970.
[NB: S. 71A has been substituted by s. 44 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
The court may, on ex parte application by the judgment creditor or under section 65E (1) (b) , order the attachment of any debt at present or in future owing or accruing to a judgment debtor by or from any other person (excluding the State), residing, carrying on business or employed in the district, to an amount sufficient to satisfy the judgment and the costs of the proceedings for attachment, whether such judgment has been obtained in such court or in any other magistrate's court, and make an order (hereinafter called a garnishee order) against such person (hereinafter called the garnishee) to pay to the judgment creditor or his attorney at the address of the judgment creditor or his attorney, so much of the debt as may be sufficient to satisfy the judgment and costs, and may enforce such garnishee order as if it were a judgment of the court.
[NB: Sub-s. (1) has been amended by s. 45 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
If, after any such garnishee order in respect of any debt has been granted, it is shown to the satisfaction of the court that sufficient means to maintain himself and those dependent upon him will not, after satisfaction of the garnishee order, be left to the judgment debtor, the court shall set aside the garnishee order or amend it in such manner that it will affect only the balance of the debt over and above such sufficient means.
Any order under this section may at any time for good cause be suspended, amended or rescinded by the court.
The court may, if it appears that there are unsatisfied claims owing to other creditors, postpone the application to enable the judgment debtor to make application for an administration order under section 74.
[S. 72 substituted by s. 17 of Act 40 of 1952, amended by s. 26 of Act 93 of 1962 and substituted by s. 4 of Act 63 of 1976.
(ii) or 65E (1) (c) and if it appears to the court that the judgment debtor is unable to satisfy the judgment debt in full at once, but is able to pay reasonable periodical instalments towards satisfaction thereof or if the judgment debtor consents to an emoluments attachment order or a garnishee order being made against him, suspend execution against that debtor either wholly or in part on such conditions as to security or otherwise as the court may determine.
[Sub-s. (1) amended by s. 18 of Act 40 of 1952 and substituted by s. 5 of Act 63 of 1976.
Nothing in this section contained shall be construed as authorizing the court to suspend the execution of a judgment upon any property subject to a hypothec for the judgment debt existing irrespective of attachment in execution.
An order under paragraph (e) of section forty-eight or under this section may at any time and for good cause be varied or rescinded by the court.
[Para. (b) substituted by s. 6 (a) of Act 19 of 1985 and by s. 8 (a) of Act 25 of 1987.
such court or the court of the district in which the debtor resides or carries on business or is employed may, upon application by the debtor or under section 65I, subject to such conditions as the court may deem fit with regard to security, preservation or disposal of assets, realization of movables subject to hypothec (except movables referred to in section 34 of the Land Bank Act, 1944 (Act 13 of 1944)), or otherwise, make an order (in this Act called an administration order) providing for the administration of his estate and for the payment of his debts in instalments or otherwise.
[NB: Sub-s. (1) has been amended by s. 46 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
An administration order shall not be invalid merely because at some time or other the total amount of the debtor's debts are found to exceed the amount * determined by the Minister from time to time by notice in the Gazette , but in such a case the court may, if it deems fit, rescind the order.
[Sub-s. (2) substituted by s. 6 (b) of Act 19 of 1985 and by s. 8 (b) of Act 25 of 1987.
[S. 74 amended by s. 19 of Act 40 of 1952, by s. 2 of Act 14 of 1954, by s. 27 of Act 93 of 1962, by s. 12 of Act 19 of 1963 and by s. 29 of Act 94 of 1974 and substituted by s. 6 of Act 63 of 1976.
With an application referred to in section 74 (1) the debtor shall submit a full statement of his affairs in the form prescribed in the rules.
[Para. (g) substituted by s. 47 (a) of Act 120 of 1993 and amended by s. 172 (2) of Act 34 of 2005.
[Para. (i) amended by s. 47 (b) of Act 120 of 1993 and by s. 172 (2) of Act 34 of 2005.
if an administration order is made, the amount of the weekly or monthly or other instalments which the debtor offers to pay towards settlement of the debts referred to in paragraph (e) (i).
The statement referred to in subsection (1) shall be confirmed by an affidavit in which the debtor declares that to the best of his knowledge the names of all his creditors and the amounts owed by him to each of them severally are set forth in the statement and that the declarations made therein are true.
The clerk of the court shall, if requested thereto by an illiterate debtor and upon payment of the fee prescribed in the rules, assist the debtor in completing the statement referred to in subsection (1).
The debtor shall lodge an application for an administration order and the statement referred to in subsection (1) with the clerk of the court and shall deliver to each of his creditors, at least 3 days before the date appointed for the hearing, personally or by registered post a copy of such application and statement on which shall appear the case number under which the original application was filed.
[S. 74A inserted by s. 6 of Act 63 of 1976.
If at the hearing it appears to the court that any debt other than a debt on the ground of or arising from any judgment debt is a matter of contention between the debtor and the creditor or between the creditor and any other creditor of the debtor, the court may, upon inquiry into the objection, allow or reject the debt or a part thereof.
Any person whose debt has been rejected in accordance with subsection (2) may, notwithstanding the provisions of section 74P, institute proceedings or proceed with an action already instituted in respect of such debt.
If any person referred to in subsection (3) has obtained judgment in respect of any debt referred to in that subsection, the amount of the judgment shall be added to the list of proved debts referred to in subsection (1).
No administration order shall be granted at the request of any debtor if it is proved that any administration order was rescinded within the preceding period of 6 months because of the debtor's non-compliance therewith, unless the debtor proves to the satisfaction of the court that his non-compliance with the order was not wilful.
any other matter that the court may deem relevant.
[S. 74B inserted by s. 6 of Act 63 of 1976.
[Sub-para. (i) amended by s. 48 (a) of Act 120 of 1993 and by s. 172 (2) of Act 34 of 2005.
[Sub-para. (ii) deleted by s. 48 (b) of Act 120 of 1993.
such other provisions or conditions as the court may deem necessary or expedient.
[Para. (b) amended by s. 48 (c) of Act 120 of 1993 and by s. 172 (2) of Act 34 of 2005.
the payments to be made by the debtor by virtue of any other obligation referred to in section 74A (2) (e) (ii).
The court may take into account the income of the debtor's wife, who is living with him, in determining the amount referred to in subsection (2) (a) and, where the debtor is married in community of property, in determining the debtor's income.
[S. 74C inserted by s. 6 of Act 63 of 1976.
Where the administration order provides for the payment of instalments out of future emoluments or income, the court shall authorize the issue of an emoluments attachment order in terms of section 65J in order to attach emoluments at present or in future owing or accruing to the debtor by or from his employer, or shall authorize the issue of a garnishee order under section 72 in order to attach any debt at present or in future owing or accruing to the debtor by or from any other person (excluding the State), in so far as either of the said sections is applicable, and the court may suspend such an authorization on such conditions as the court may deem just and reasonable.
[S. 74D inserted by s. 6 of Act 63 of 1976.
When an administration order has been granted under section 74 (1), the court shall appoint a person as administrator, which appointment shall become effective only after a copy of the administration order has been handed or sent to him by registered post and, in the event of his being required as administrator to give security, after he has given such security.
An administrator may on good cause shown be relieved of his appointment by the court, and the court may appoint any other person in his place.
An administrator who is not an officer of the court or a practitioner shall, before a copy of the administration order is handed or sent to him by registered post, give security to the satisfaction of the court and thereafter as required by the court for the due and prompt payment by him to the parties entitled thereto of all moneys which come into his possession by virtue of his appointment as an administrator.
An administrator shall not be obliged to give security in respect of his appointment as an administrator of the estate of any particular debtor if he has given or gives security to the satisfaction of the court for the due and prompt payment by him to the parties entitled thereto of all moneys which may come into his possession by virtue of his appointment as administrator of the estate of any debtor, irrespective of whether such appointment was made before or after the date on which the said security was given.
[S. 74E inserted by s. 6 of Act 63 of 1976.
A copy of an administration order shall be handed or sent by registered post to the debtor and the administrator by the clerk of the court.
The administrator shall forward a copy of the administration order by registered post to each creditor whose name is mentioned by the debtor in the statement of his affairs or who has given proof of a debt.
A creditor who has not received notice of the application for an administration order and who wishes to object to any debt listed with the order or to the manner in which payments shall be made in terms of the order shall, within a reasonable time as laid down in the rules, give notice of his objection and the grounds therefor to the clerk of the court, the debtor and the administrator and, if he objects to the inclusion of any debt, also to the creditor concerned.
postpone consideration thereof for hearing after notice given to the persons concerned and on such conditions as to costs or otherwise as the court may deem fit.
[S. 74F inserted by s. 6 of Act 63 of 1976.
The administrator shall as soon as may be draw up and lodge with the clerk of the court a complete list on which shall appear the case number under which the application for an administration order has been filed, and which shall contain the names of the creditors and the amounts owing to them severally as at the date on which the administration order was granted.
Any creditor who wishes to provide proof of a debt owing before the making of an administration order and not listed in such order, shall lodge his claim in writing with the administrator, who shall thereupon give the debtor notice thereof in the form prescribed in the rules.
If, within the period allowed in the notice referred to in subsection (2), the debtor admits the claim or does not dispute it, the claim shall be deemed to be proved, subject to the right of any other creditor who has not received notice of the claim to object to the debt, and the administrator shall by notice lodged with the clerk of the court add the name of the creditor and the amount of the debt owing to him to the list referred to in subsection (1) and shall inform the creditor in the form prescribed in the rules that this has been done.
If, within the period allowed in the notice referred to in subsection (2), the debtor gives notice in writing to the administrator that he disputes the claim, the administrator shall notify the creditor thereof and the creditor may request the clerk of the court to appoint a day and time for the hearing of the objection by the court and shall notify the debtor in writing of such day and time.
postpone the hearing on such conditions as it may deem fit.
If the court allows a claim as a whole or in part under subsection (5), the debt shall, to the extent to which it has been allowed, be added to the list referred to in subsection (1).
If any person who sold and delivered goods to the debtor under a credit agreement as defined in section 1 of the National Credit Act, 2005 (Act 34 of 2005), before the administration order was granted, is entitled or becomes entitled, by reason of the debtor's failure to fulfil any obligation under such agreement, to demand immediate payment of the sum of the purchase price then still owing, and if such person advises the administrator in writing that he elects so to do, such agreement shall be deemed to create a hypothec on the goods in favour of the seller whereby the amount still owing to him in terms of the agreement is secured, and any term or condition of the agreement with regard to the seller's right to dissolve or terminate such agreement or his right to the return of the goods to which the agreement relates shall not, in consequence of the debtor's non-compliance with any term or condition thereof, notwithstanding anything to the contrary in any law contained, be enforceable.
[Sub-s. (7) substituted by s. 49 of Act 120 of 1993 and amended by s. 172 (2) of Act 34 of 2005.
The court may by order of court authorize the seller referred to in subsection (7) to take possession of the goods referred to in that subsection and to sell them by public auction by an auctioneer nominated by the court after giving the administrator and all the creditors written notice of the time and place of the sale and, if the court has so ordered, after publishing the notice or notices in the manner prescribed by the court, in one or more newspapers designated by the court or, if the seller, buyer and administrator so agree, to sell them by private treaty.
Where the seller has sold the goods in terms of a court order referred to in subsection (8) he shall, if the sale was by public auction, forthwith lodge the auction list with the administrator and pay to the administrator the amount of the proceeds of the sale in excess of the amount of his debt and the costs connected with the sale or, if the net proceeds of the sale are insufficient to pay his debt in full, he may lodge a claim with the administrator in respect of the balance of the purchase price owing to him for inclusion in the list of creditors who are entitled to share in the pro rata distribution of funds received by the administrator.
The list of creditors referred to in subsection (1) shall be open to inspection by the creditors or their attorneys in the office of the clerk of the court and the office of the administrator at any time during office hours.
Any creditor may, in the manner and within the period prescribed in the rules, object to any debt included in the list of creditors.
[S. 74G inserted by s. 6 of Act 63 of 1976.
Any person who becomes a creditor of the judgment debtor after an administration order has been granted and who is desirous of providing proof of debt, shall lodge his claim in writing with the administrator, who shall thereupon advise the debtor thereof in the form prescribed in the rules.
If the debtor admits the claim or does not dispute it within the period allowed in the notice referred to in subsection (1), the provisions of section 74G (3) shall, mutatis mutandis , apply, but the creditor shall not be entitled to a dividend in terms of the administration order until the creditors who were creditors on the date of the granting of the order have been paid in full.
If the debtor disputes the claim within the period allowed in the notice referred to in subsection (1), the provisions of section 74G (4), (5) and (6) shall, mutatis mutandis , apply but if the court allows the claim as a whole or in part, such claim shall be subject to the rights referred to in subsection (2), of creditors who were creditors on the date on which the administration order was granted.
of this section shall, mutatis mutandis , apply to any person who after the granting of an administration order sold and delivered goods to the debtor under a credit agreement as defined in section 1 of the National Credit Act, 2005 (Act 34 of 2005), and is desirous of providing proof of debt.
[Sub-s. (4) substituted by s. 50 of Act 120 of 1993 and amended by s. 172 (2) of Act 34 of 2005.
[S. 74H inserted by s. 6 of Act 63 of 1976.
The debtor shall, subject to the provisions of this section, pay the administrator the amounts of the weekly or monthly or other payments that he is required to make in terms of the administration order.
If a debtor fails to make the payments to the administrator that he is required to make in terms of the administration order, the provisions of sections 65A to 65L shall mutatis mutandis apply, while any reference in the said provisions to the judgment concerned, the judgment creditor or the judgment debtor shall be construed as a reference to the administration order concerned, the administrator or the debtor, respectively.
If, in addition to the administration order, the court has authorised the issue of an emoluments attachment order or a garnishee order and has suspended such authorization conditionally and the debtor fails to comply with the conditions of suspension, the administrator may lodge a certificate to this effect with the clerk of the court, and the clerk of the court shall thereupon issue the emoluments attachment order or garnishee order, as the case may be.
An emoluments attachment order or garnishee order referred to in subsection (3) shall be prepared by the administrator or his attorney, shall be signed by the administrator or his attorney and the clerk of the court, and shall be served on the garnishee by the messenger of the court by registered post.
[NB: Sub-s. (4) has been amended by s. 51 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
When an emoluments attachment order or garnishee order referred to in subsection (3) has been served on the garnishee, he shall be obliged to pay to the administrator the amounts concerned as provided by the order and such payments shall constitute a first preference against the debtor's income.
The provisions of section 65J (4) to (8) and (10) shall mutatis mutandis apply to the emoluments attachment order referred to in paragraph (a) , and in such application any reference in the said provisions to the judgment creditor shall be construed as a reference to the administrator.
[Para. (b) substituted by s. 4 of Act 28 of 1981.
[S. 74I inserted by s. 6 of Act 63 of 1976.
An administrator shall collect the payments to be made in terms of the administration order concerned and shall keep up to date a list (which shall be available for inspection, free of charge, by the debtor and creditors or their attorneys during office hours) of all payments and other funds received by him from or on behalf of the debtor, indicating the amount and date of each payment, and shall, subject to section 74L, distribute such payments pro rata among the creditors at least once every three months, unless all the creditors otherwise agree or the court otherwise orders in any particular case.
If any debt or the balance of a debt be less than R10, the administrator may in his discretion pay such debt in full if such action will facilitate the distribution of funds in his possession.
Claims that would enjoy preference under the laws relating to insolvency shall be paid out in the order prescribed by those laws.
An administrator may, out of the moneys which he controls, pay any urgent or extraordinary medical, dental or hospital expenses incurred by the debtor after the date of the administration order.
Every distribution account in respect of the periodical payments and other funds received by an administrator shall be numbered consecutively, shall bear the case number under which the administration order has been filed, shall be in the form prescribed in the rules, shall be signed by the administrator and shall be lodged at the office of the clerk of the court where it may be inspected free of charge by the debtor and the creditors or their attorneys during office hours.
A distribution account referred to in subsection (5) shall at the request of any interested party be subject to review free of charge by any judicial officer. [Sub-s. (6) substituted by s. 2 of Act 88 of 1996.
[NB: Sub-s. (6) has been amended by s. 52 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
if he is a practising attorney, in the trust account that he keeps in terms of section 33 of the Attorneys, Notaries and Conveyancers Admission Act, 1934 (Act 23 of 1934).
[NB: Para. (b) has been substituted by s. 52 (b) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
If a debtor should at any time, despite a registered letter of demand from the administrator, be 14 days in arrear with the payment of any instalment and if steps in terms of section 74I (3) cannot be taken or have been taken unsuccessfully, or if the debtor has disappeared, the administrator shall forthwith notify the creditors in writing thereof and request their instructions.
If within the period allowed in a notice contemplated in subsection (8) the majority of the creditors instruct him to do so, or fail to respond, the administrator shall institute legal proceedings against the debtor for his committal for contempt of court or take such steps as may be necessary to trace the debtor who has disappeared, as the circumstances may require.
If within the period allowed in a notice contemplated in subsection (8) the majority of the creditors instruct him to do so, the administrator shall apply to the court for the rescission of the administration order.
If an administrator fails to lodge a distribution account with the clerk of the court within one month from the time his obligation to do so commenced, any interested party may apply to the court for an order directing him to lodge a distribution account with the clerk of the court within the time laid down in the order or relieving him of his office as administrator.
If an administrator has lodged a distribution account with the clerk of the court but has failed to pay any amount of money due to any creditor in terms of such account within one month thereafter, the court may upon the application of the creditor order the administrator to pay the creditor the amount concerned within such period as may be fixed in the order and furthermore to pay to the debtor's estate an amount which is double the amount which he failed so to pay.
The court may order an administrator to pay the costs of an application in terms of subsection (11) or (12) de bonis propriis.
If any debt which was due at the time of the granting of an administration order in respect of a debtor's estate is paid in full or in part to the creditor by the debtor after the granting of the order, otherwise than by way of payments in terms of the administration order, such payment shall be invalid and the administrator may recover the amount paid from the creditor, unless the creditor proves that the payment was effected without his knowledge of the administration order, and, in addition, the creditor shall forfeit his claim against the estate of the debtor if the payment was effected at the request of the creditor whilst he had knowledge of the administration order.
[S. 74J inserted by s. 6 of Act 63 of 1976.
An administrator may, if authorized thereto by the court, subject to the provisions of subsection (2), realize any asset of the estate under administration, and in granting any such authorization the court may impose any such conditions as it may deem fit.
An asset mentioned in subsection (1) which is the subject of any a [sic] credit agreement regulated by the National Credit Act, 2005 (Act 34 of 2005), shall not be realized except with the written permission of the credit provider.
[Sub-s. (2) amended by s. 172 (2) of Act 34 of 2005.
If the credit provider as defined in section 1 of the National Credit Act, 2005 (Act 34 of 2005), is obliged to pay to the debtor an amount in terms of the said Act, that amount shall be paid to the administrator for pro rata distribution among the creditors.
[Sub-s. (3) amended by s. 172 (2) of Act 34 of 2005.
[S. 74K inserted by s. 6 of Act 63 of 1976 and substituted by s. 53 of Act 120 of 1993.
retain a portion of the money collected, in the manner and up to an amount prescribed in the rules, to cover the costs that he may have to incur if the debtor is in default or disappears.
12 per cent of the amount of collected moneys received and such expenses and remuneration shall, upon application by any interested party, be subject to taxation by the clerk of the court and review by any judicial officer.
[NB: Sub-s. (2) has been amended by s. 54 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[S. 74L inserted by s. 6 of Act 63 of 1976.
furnish any person applying therefor with a copy of the debtor's application and statement of his affairs mentioned in sections 74 and 74A (1), or with a list or account mentioned in section 74G (1) or 74J, or with the debtor's statement of his affairs mentioned in section 65I (2).
[S. 74M inserted by s. 6 of Act 63 of 1976.
An administrator shall take the proper steps to enforce an administration order, and if he fails to do so, any creditor may, by leave of the court, take those steps, and the court may thereupon order the administrator to pay the costs of the creditor de bonis propriis.
[S. 74N inserted by s. 6 of Act 63 of 1976.
Unless the court otherwise orders or this Act otherwise provides, no costs in connection with any application in terms of section 74 (1) shall be recovered from any person other than the administrator concerned, and then as a first claim against the moneys controlled by him.
[S. 74O inserted by s. 6 of Act 63 of 1976.
As long as any administration order is of force and effect in respect of the estate of any debtor, no creditor shall have any remedy against the debtor or his property for collecting money owing, except in regard to any mortgage bond or any debt referred to in section 74B (3) or by leave of the court and on such conditions as the court may impose.
shall, upon receiving notice of the administration order, suspend such proceedings but may grant costs already incurred by the creditor, and such costs may be added to the judgment debt.
[S. 74P inserted by s. 6 of Act 63 of 1976.
The court under whose supervision any administration order is being executed, may at any time upon application by the debtor or any interested party re-open the proceedings and call upon the debtor to appear for such further examination as the court may deem necessary, and the court may thereupon on good cause shown suspend, amend or rescind the administration order, and when it suspends such an order it may impose such conditions as it may deem just and reasonable.
The court may at any time at the request of the administrator in writing and with the written consent of the debtor, amend any administration order.
set aside or amend any emoluments attachment order or garnishee order issued so as to ensure payments in terms of the administration order.
Any order rescinding an administration order shall be in the form prescribed in the rules and a copy thereof shall be delivered personally or sent by post by the administrator to the debtor and to each creditor, who shall also be informed of the debtor's last known address by the administrator.
When an order of court for the payment of any judgment debt in instalments or any emoluments attachment order or garnishee order has lapsed in consequence of the granting of an administration order and such judgment debt has not been paid in full upon the rescission of the administration order, such court order, emoluments attachment order or garnishee order shall revive in respect of such judgment debt, unless the court otherwise orders.
[S. 74Q inserted by s. 6 of Act 63 of 1976.
The granting of an order under section 74 (1) shall be no bar to the sequestration of the debtor's estate.
[S. 74R inserted by s. 6 of Act 63 of 1976.
Any person who is subject to an administration order and who during the currency of such order incurs any debt without disclosing that he is subject to an administration order shall be guilty of an offence and on conviction liable to imprisonment for a period not exceeding 90 days or to periodical imprisonment for a period not exceeding 2 160 hours in accordance with the laws relating to prisons and, in addition, the court may, upon application by any interested person, set aside the administration order.
The provisions of the Criminal Procedure Act, 1955 (Act 56 of 1955), with regard to periodical imprisonment shall mutatis mutandis apply to periodical imprisonment imposed in terms of subsection (1).
[NB: Sub-s. (2) has been substituted by s. 55 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[S. 74S inserted by s. 6 of Act 63 of 1976.
Any debtor subject to an administration order who changes his place of residence, business or employment shall forthwith notify the clerk of the court and the administrator of his new place of residence, business or employment.
When any debtor subject to an administration order moves to any other district, the court under whose supervision the administration order is being executed may transfer the proceedings to the court of that district.
[S. 74T inserted by s. 6 of Act 63 of 1976.
As soon as the costs of the administration and the listed creditors have been paid in full, an administrator shall lodge a certificate to that effect with the clerk of the court and send copies thereof to the creditors (who shall also be informed therein of the debtor's last known address), and thereupon the administration order shall lapse.
[S. 74U inserted by s. 6 of Act 63 of 1976.
In the case of any debt mentioned in the statement referred to in section 74A (1), prescription shall be interrupted on the date on which such statement is lodged and, in the case of any debt not mentioned in such statement, prescription shall be interrupted on the date on which any claim against the debtor is lodged with the court or the administrator.
If the relevant prescriptive period of a debt referred to in subsection (1), had it not been for the provisions of subsection (1), would be completed on or before or within one year of, the day on which the restriction referred to in subsection 74P (1) has ceased to exist, the prescriptive period shall not be completed until a year after the said day has elapsed.
[S. 74V inserted by s. 6 of Act 63 of 1976.
Any administrator who fails to carry out the duty assigned to him by section 74J (7) shall be guilty of an offence and on conviction liable to a fine not exceeding R500 or in default of payment to imprisonment for a period not exceeding six months.
[S. 74W inserted by s. 6 of Act 63 of 1976 and substituted by s. 7 of Act 19 of 1985.
If the garnishee disputes that the debt or emoluments sought to be attached are owing or accruing or alleges that they are subject to a set-off or belong to or are subject to a claim by some third person, the court may determine the rights and liabilities of all the parties and may declare the claim of that third person to be barred, provided that the claim or value of the matter in dispute is otherwise within the jurisdiction of the court.
If it be proved that such third person neither resides nor carries on business nor is employed within the Republic and that he has a prima facie claim to the debt, the court shall not have jurisdiction under this section.
[Sub-s. (2) amended by s. 17 of Act 53 of 1970.
Notwithstanding anything to the contrary in any law contained, the court may, on the application of any interested party, review and confirm, modify or settle the conditions of sale in respect of any immovable property to be sold in execution of any judgment of any division of the Supreme Court of South Africa.
[S. 75 bis inserted by s. 11 of Act 80 of 1964.
Payment made by or execution levied upon the garnishee under the provisions of this Act shall be valid discharge of the debt or amount of emoluments due from him to the judgment debtor to the extent of the amount paid or levied.
Save where under section 65E (1) an order may be granted against the State, nothing in this Act contained shall be construed as authorizing the attachment of any debt or emoluments or any moneys or property specially declared by any law not to be liable to attachment.
[S. 77 substituted by s. 7 of Act 63 of 1976.
Where an appeal has been noted or an application to rescind, correct or vary a judgment has been made, the court may direct either that the judgment shall be carried into execution or that execution thereof shall be suspended pending the decision upon the appeal or application. The direction shall be made upon such terms, if any, as the court may determine as to security for the due performance of any judgment which may be given upon the appeal or application.
Any person shall be guilty of an offence and liable to a fine not exceeding R300 if after a return of nulla bona has been made in respect of a judgment against him and before satisfaction of the said judgment, he obtains credit to an amount or amounts exceeding one hundred rand in the aggregate without previously informing all persons from whom he so obtains credit that there is an unsatisfied judgment against him and that a return of nulla bona has been made in respect thereof.
[S. 79 amended by s. 13 of Act 19 of 1963 and by s. 6 of Act 91 of 1977 and substituted by s. 8 of Act 19 of 1985.
The stamps, fees, costs and charges in connection with any civil proceedings in magistrates' courts shall, as between party and party, be payable in accordance with the scales prescribed by the rules.
[NB: Sub-s. (1) has been substituted by s. 56 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
As between attorney and client, the clerk of the court may in his discretion (subject to the review hereinafter mentioned) allow costs and charges for services reasonably performed by the attorney at the request of the client for which no remuneration is recoverable as between party and party and for which no provision is made in the rules.
Payment of costs awarded by the court (otherwise than by a judgment in default of the defendant's appearance to defend or on the defendant's consent to judgment before the time for such appearance has expired) may not be enforced until they have been taxed by the clerk of the court.
Any person who is liable to pay or who is sued for costs of any civil proceedings in a court otherwise than under an award by the court or under a special agreement, may require that those costs shall be taxed by the clerk of the court as between attorney and client; and thereupon any action for the recovery of those costs shall be stayed pending the taxation. The costs of and incidental to such a taxation shall be borne, if not more than one-sixth of such costs is disallowed on taxation, by the person requiring the taxation, and, if more than one-sixth is so disallowed, by the person claiming the costs.
Taxation by the clerk of the court shall be subject to review free of charge by a judicial officer of the district; and the decision of such judicial officer may at any time within one month thereafter be brought in review before a judge of the court of appeal in the manner prescribed by the rules.
[NB: S. 81 has been amended by s. 57 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
No appeal shall lie from the decision of a court if, before the hearing is commenced, the parties lodge with the court an agreement in writing that the decision of the court shall be final.
any decision overruling an exception, when the parties concerned consent to such an appeal before proceeding further in an action or when it is appealed from in conjunction with the principal case, or when it includes an order as to costs.
[S. 83 substituted by s. 16 of Act 15 of 1969 and amended by s. 2 of Act 105 of 1982.
Every party so appealing shall do so within the period and in the manner prescribed by the rules; but the court of appeal may in any case extend such period.
A party shall not lose the right to appeal through satisfying or offering to satisfy the judgment in respect of which he appeals or any part thereof or by accepting any benefit from such judgment, decree or order.
A party may by notice in writing abandon the whole or any part of a judgment in his favour.
Where the party so abandoning was the plaintiff, or applicant, judgment in respect of the part abandoned shall be entered for the defendant or respondent with costs.
Where the party so abandoning was the defendant or respondent, judgment in respect of the part abandoned shall be entered for the plaintiff or applicant in terms of the claim in the summons or application.
A judgment so entered shall have the same effect in all respects as if it had been the judgment originally pronounced by the court in the action or matter.
make such order as to costs as justice may require.
The judgment of the court of appeal shall be recorded in the court appealed from, and may be enforced as if it had been given in such last-mentioned court.
(1) The court, other than the court of a regional division, shall have jurisdiction over all offences, except treason, murder, rape and compelled rape as contemplated in sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
[Sub-s. (1) substituted by s. 68 of Act 32 of 2007.
The court of a regional division shall have jurisdiction over all offences except treason.
[Sub-s. (2) amended by s. 7 of Act 91 of 1977 and substituted by s. 17 of Act 107 of 1990.
[S. 89 substituted by s. 1 of Act 75 of 1959.
[NB: S. 89 has been substituted by s. 58 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Subject to the provisions of section eighty-nine , any person charged with any offence committed within any district or regional division may be tried by the court of that district or of that regional division, as the case may be.
[Para. (a) amended by s. 8 (a) of Act 91 of 1977.
[Para. (b) amended by s. 8 (a) of Act 91 of 1977.
[Para. (c) amended by s. 8 (a) of Act 91 of 1977.
[NB: Para. (d) has been substituted by s. 59 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
begun or completed within the district or within the regional division, such person may be tried by the court of the district or of the regional division, as the case may be, as if he had been charged with an offence committed within the district or within the regional division respectively.
[Sub-s. (2) substituted by s. 3 of Act 17 of 1969.
Where it is uncertain in which of several jurisdictions an offence has been committed, it may be tried in any of such jurisdictions.
A person charged with an offence may be tried by the court of any district, or any regional division, as the case may be, wherein any act or omission or event which is an element of the offence took place.
A person charged with theft of property or with obtaining property by an offence, or with an offence which involves the receiving of any property by him, may also be tried by the court of any district or of any regional division, as the case may be, wherein he has or had part of the property in his possession.
A person charged with kidnapping, child-stealing or abduction may also be tried by the court of any district or of any regional division, as the case may be, through or in which he conveyed or concealed or detained the person kidnapped, stolen or abducted.
Where by any special provision of law a magistrate's court has jurisdiction in respect of an offence committed beyond the local limits of the district, or of the regional division, as the case may be, such court shall not be deprived of such jurisdiction by any of the provisions of this section.
[NB: Sub-s. (7) has been amended by s. 59 (b) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Where an accused is alleged to have committed various offences within different districts within the area of jurisdiction of any attorney-general, the attorney-general concerned may in writing direct that criminal proceedings in respect of such various offences be commenced in the court of any particular district within his area of jurisdiction, whereupon such court shall have jurisdiction to act with regard to any such offence as if such offence had been committed within the area of jurisdiction of that court, and the court of the regional division within whose area of jurisdiction the court of such district is situated, shall likewise have jurisdiction in respect of any such offence if such offence is an offence which may be tried by the court of a regional division.
[Sub-s. (8) substituted by s. 8 (b) of Act 91 of 1977.
[NB: Sub-s. (8) has been substituted by s. 59 (c) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Notwithstanding anything contained in this section, the provisions of section 125 of the Criminal Procedure Act, 1977, shall mutatis mutandis apply in respect of the trial of any person by any court.
[Sub-s. (9) added by s. 2 of Act 75 of 1959 and substituted by s. 8 (b) of Act 91 of 1977.
[S. 90 substituted by s. 20 of Act 40 of 1952.
The jurisdiction of the periodical court in criminal matters shall be subject, mutatis mutandis , to the provisions contained in section twenty-seven and in subsection (3) of section thirty-five.
[NB: S. 91 has been substituted by s. 60 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[Para. (a) substituted by s. 9 of Act 91 of 1977 and by s. 6 of Act 66 of 1998.
[NB: Para. (a) has been substituted by s. 61 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[Para. (c) deleted by s. 2 of Act 33 of 1997.
by correctional supervision, may impose correctional supervision for a period as contemplated in section 276A (1) (b) of the Criminal Procedure Act, 1977 (Act 51 of 1977).
[Para. (b) substituted by s. 9 of Act 91 of 1977, by s. 1 of Act 109 of 1984 and by s. 9 of Act 25 of 1987.
[Para. (d) added by s. 2 of Act 129 of 1993.
(a) The court shall have jurisdiction to impose any punishment prescribed in respect of an offence under an ordinance of a province or the territory which relates to vehicles and the regulation of traffic on public roads, notwithstanding that such punishment exceeds the jurisdiction referred to in subsection (1).
Where a person is convicted of culpable homicide arising out of the driving of a vehicle as defined in any applicable ordinance referred to in paragraph (a) , the court shall have jurisdiction to impose any punishment which the court may impose under that paragraph in respect of the offence of driving a vehicle recklessly on a public road.
[NB: Sub-s. (2) has been substituted by s. 61 (b) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[S. 92 amended by s. 21 of Act 40 of 1952, substituted by s. 1 of Act 16 of 1959, amended by s. 14 of Act 19 of 1963 and substituted by s. 30 of Act 94 of 1974.
[S. 93 amended by s. 22 of Act 40 of 1952, by s. 24 of Act 62 of 1955 and by s. 12 of Act 80 of 1964 and repealed by s. 344 (1) of Act 51 of 1977.
93 bis.
[S. 93 bis inserted by s. 23 of Act 40 of 1952, substituted by s. 31 of Act 70 of 1968 and by s. 18 of Act 53 of 1970 and repealed by s. 344 (1) of Act 51 of 1977.
in considering a community-based punishment in respect of any person who has been convicted of any offence, summon to his assistance any one or two persons who, in his opinion, may be of assistance at the trial of the case or in the determination of a proper sentence, as the case may be, to sit with him as assessor or assessors: Provided that if an accused is standing trial in the court of a regional division on a charge of murder, whether together with other charges or accused or not, the judicial officer shall at that trial be assisted by two assessors unless such an accused requests that the trial be proceeded with without assessors, whereupon the judicial officer may in his discretion summon one or two assessors to assist him. [Sub-s. (1) substituted by s. 10 (a) of Act 91 of 1977 and by s. 1 (a) of Act 118 of 1991.
[NB: Sub-s. (1) has been amended by s. 62 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
any other matter or circumstance which he may deem to be indicative of the desirability of summoning an assessor or assessors, and he may question the accused in relation to the matters referred to in this paragraph.
is a condition for the suspension.
[Sub-s. (2) amended by s. 2 (a) of Act 16 of 1959, deleted by s. 10 (b) of Act 91 of 1977 and inserted by s. 1 (b) of Act 118 of 1991.
in the event of a conviction the question of the punishment to be inflicted shall, except in a case contemplated in subsection (1) (b) , be deemed, for the purposes of paragraph (a) , to be a question of law.
[Para. (f) substituted by s. 1 (d) of Act 118 of 1991.
[Sub-s. (3) amended by s. 1 (c) of Act 118 of 1991.
If any such assessor is not a person employed in a full-time capacity in the service of the State he shall be entitled to such compensation as the Minister, in consultation with the Minister of Finance, may determine in respect of expenses incurred by him in connection with his attendance at the trial, and in respect of his services as assessor.
[Sub-s. (4) substituted by s. 10 (c) of Act 91 of 1977.
'I (full name) do hereby swear/solemnly affirm that whenever I may be called upon to perform the functions of an assessor in terms of section 93 ter of the Magistrates' Courts Act, 1944, I shall to the best of my ability make a considered finding or decision, or give a considered opinion, as the case may be, according to the evidence tendered in the matter.'.
Sub-s. (5) added by s. 2 (b) of Act 16 of 1959 and substituted by s.
1977 and by s. 2 of Act 67 of 1998.
to (9) inclusive.
[NB: S. 2 of Act 67 of 1998, in so far as it adds sub-ss. (6) to (9) inclusive, has not yet been put into operation.
An assessor may recuse himself or herself from the proceedings for the reasons contemplated in paragraph (a).
there are reasonable grounds for believing that there is a likelihood of bias on the part of the assessor.
be given an opportunity to address arguments to the judicial officer on the desirability of such recusal.
The assessor concerned shall be given an opportunity to respond to any arguments referred to in paragraph (c) , and the judicial officer may put such questions regarding the matter to the assessor as he or she may deem fit.
The judicial officer shall give reasons for an order referred to in paragraph (a) . [Sub-s. (10) added by s. 2 of Act 67 of 1998.
Provided that if the accused person has legal representation and the prosecutor and the accused person consent thereto, the proceedings shall, in the circumstances contemplated in subparagraphs (i), (ii) or (iv), continue before the remaining member or members of the court.
If, at proceedings which are continued in terms of this subsection, the judicial officer is assisted by the remaining assessor, the finding or decision of the judicial officer shall, in respect of any matter where there is a difference of opinion between the judicial officer and the assessor, be the finding or decision of the court.
The judicial officer shall give reasons for any direction referred to in paragraph (a) , and for any finding or decision referred to in paragraph (b) . [Sub-s. (11) added by s. 2 of Act 67 of 1998.
[S. 93 ter inserted by s. 3 of Act 14 of 1954.
[NB: S. 93 ter has been substituted by s. 2 and a s. 93 quat has been inserted by s. 3 of the Magistrates' Courts Amendment Act 67 of 1998. S. 2 in so far as it substitutes s. 93 ter (5) and inserts s. 93 ter (10) and (11) came into operation on 20 April 2000. The remainder of s. 2 will be put into operation by proclamation. See PENDLEX.
[S. 94 substituted by s. 3 of Act 16 of 1959 and repealed by s. 344 (1) of Act 51 of 1977.
[S. 95 amended by s. 24 of Act 40 of 1952, by s. 15 of Act 19 of 1963 and by s. 31 of Act 94 of 1974 and repealed by s. 344 (1) of Act 51 of 1977.
[Heading amended by s. 17 of Act 19 of 1963.
96 amended by s. 25 of Act 40 of 1952, by s. 25 of Act 62 of 1955, by s. 4 of Act 16 of 1959, by s. 16 of Act 19 of 1963 and by s. 4 of Act 17 of 1969, substituted by s.
98 amended by s. 40 of Act 68 of 1957, by s. 28 of Act 93 of 1962 and by s. 18 of Act 19 of 1963 and repealed by s. 344 (1) of Act 51 of 1977.
Act 94 of 1974 and repealed by s. 344 (1) of Act 51 of 1977.
[S. 97 repealed by s. 344 (1) of Act 51 of 1977.
98 bis.
[S. 98 bis inserted by s. 19 of Act 19 of 1963 and repealed by s. 344 (1) of Act 51 of 1977.
[S. 99 repealed by s. 344 (1) of Act 51 of 1977.
[S. 100 amended by s. 26 of Act 40 of 1952 and by s. 5 of Act 16 of 1959 and repealed by s. 344 (1) of Act 51 of 1977.
[S. 101 amended by s. 6 of Act 16 of 1959 and by s. 20 of Act 19 of 1963, substituted by s. 1 of Act 37 of 1963 and repealed by s. 344 (1) of Act 51 of 1977.
[S. 102 amended by s. 7 of Act 16 of 1959 and by s. 2 of Act 37 of 1963 and repealed by s. 344 (1) of Act 51 of 1977.
[S. 103 amended by s. 8 of Act 16 of 1959, by s. 29 of Act 93 of 1962 and by s. 17 of Act 15 of 1969 and repealed by s. 344 (1) of Act 51 of 1977.
[S. 104 amended by s. 26 of Act 62 of 1955 and repealed by s. 344 (1) of Act 51 of 1977.
[S. 105 amended by s. 18 of Act 15 of 1969 and repealed by s. 344 (1) of Act 51 of 1977.
Any person wilfully disobeying, or refusing or failing to comply with any judgment or order of a court or with a notice lawfully endorsed on a summons for rent prohibiting the removal of any furniture or effects shall be guilty of contempt of court and shall, upon conviction, be liable to a fine, or to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine.
[S. 106 amended by s. 27 of Act 40 of 1952 and by s. 21 of Act 19 of 1963 and substituted by s. 8 of Act 63 of 1976, by s. 9 of Act 19 of 1985 and by s. 14 of Act 81 of 1997.
Any garnishee who, by reason of an emoluments attachment order having been served on him in respect of the emoluments of a judgment debtor not occupying a position of trust in which he handles or has at his disposal moneys, securities or other articles of value, dismisses or otherwise terminates the service of such judgment debtor, shall be guilty of an offence and on conviction liable to a fine not exceeding R300 or, in default of payment, to imprisonment for a period not exceeding three months.
[S. 106A inserted by s. 8 of Act 63 of 1976 and substituted by s. 10 of Act 19 of 1985.
Any employer who, having been requested by an employee to furnish a written statement containing full particulars of such employee's emoluments, fails or neglects to do so within a reasonable time, or who wilfully or negligently furnishes incorrect relevant particulars, shall be guilty of an offence and on conviction liable to a fine not exceeding R300 or, in default of payment, to imprisonment for a period not exceeding three months.
[S. 106B inserted by s. 8 of Act 63 of 1976 and substituted by s. 11 of Act 19 of 1985.
[NB: Sub-s. (1) has been amended by s. 63 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[NB: Sub-s. (3) has been amended by s. 63 (b) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[NB: Sub-s. (4) has been amended by s. 63 (c) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
shall be guilty of an offence and liable upon conviction to a fine not exceeding R500 or, in default of payment, to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine.
[S. 107 amended by s. 22 of Act 19 of 1963, substituted by s. 19 of Act 53 of 1970 and by s. 12 of Act 19 of 1985 and amended by s. 64 (1) of Act 90 of 1986.
If any person, whether in custody or not, wilfully insults a judicial officer during his sitting or a clerk or messenger or other officer during his attendance at such sitting, or wilfully interrupts the proceedings of the court or otherwise misbehaves himself in the place where such court is held, he shall (in addition to his liability to being removed and detained as in subsection (3) of section 5 provided) be liable to be sentenced summarily or upon summons to a fine not exceeding R2 000 or in default of payment to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine. In this subsection the word 'court' includes a preparatory examination held under the law relating to criminal procedure.
[Sub-s. (1) amended by s. 23 of Act 19 of 1963, substituted by s. 13 of Act 19 of 1985 and amended by s. 3 of Act 4 of 1991.
[NB: Sub-s. (1) has been amended by s. 64 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
In any case in which the court commits or fines any person under the provisions of this section, the judicial officer shall without delay transmit to the registrar of the court of appeal for the consideration and review of a judge in chambers, a statement, certified by such judicial officer to be true and correct, of the grounds and reasons of his proceedings, and shall also furnish to the party committed a copy of such statement.
Any person against whom a court has, in a civil case, given any judgment or made any order, who has not satisfied in full such judgment or order and paid all costs for which he is liable in connection therewith, shall, if he has changed his place of residence, business or employment, within 14 days from the date of every such change notify the clerk of the court which gave such judgment or made such order and the judgment creditor or the judgment creditor's attorney or, if his estate is under administration, the administrator or his attorney, fully and correctly in writing of his new place of residence, business or employment.
Any judgment debtor who fails to comply with the provisions of subsection (1) shall be guilty of an offence and upon conviction, be liable to a fine, or to imprisonment for a period not exceeding three months.
[Sub-s. (2) substituted by s. 15 (a) of Act 81 of 1997.
to (8) inclusive [Sub-ss. (3) to (8) inclusive repealed by s. 15 (b) of Act 81 of 1997.
[S. 109 substituted by s. 28 of Act 40 of 1952, amended by s. 24 of Act 19 of 1963 and substituted by s. 9 of Act 63 of 1976.
A court shall not be competent to pronounce on the validity of any law or conduct of the President.
any law is invalid on any ground other than its constitutionality, the court shall decide the matter on the assumption that such law or conduct is valid: Provided that the party which alleges that a law or conduct of the President is invalid, may adduce evidence regarding the invalidity of the law or conduct in question.
[S. 110 substituted by s. 20 of Act 53 of 1970 and by s. 1 of Act 80 of 1997.
(notwithstanding adjournment) be prejudiced in the conduct of his action or defence.
In civil proceedings an amendment may be made upon such terms as to costs and otherwise as the court may judge reasonable.
No misnomer in regard to the name of any person or place shall vitiate any proceedings of the court if the person or place is described as commonly known, and the court may, on application, correct such misnomer at any time before or after judgment is given.
[Sub-s. (3) substituted by s. 10 (a) of Act 63 of 1976.
[Sub-s. (4) added by s. 10 (b) of Act 63 of 1976 and deleted by s. 4 of Act 132 of 1993.
The oath to be taken by any witness in any civil proceedings in any court shall be administered by the officer presiding at such proceedings or by the clerk of the court (or any person acting in his stead) in the presence of the said officer, or if the witness is to give his evidence through an interpreter, by the said officer through the interpreter or by the interpreter in the said officer's presence.
[S. 112 substituted by s. 33 of Act 94 of 1974.
[S. 113 repealed by s. 33 of Act 94 of 1974.
Nothing in this Act contained shall be construed as affecting the operation of the Criminal Procedure Act, 1977.
[Sub-s. (1) substituted by s. 9 of Act 16 of 1959 and amended by s. 12 of Act 91 of 1977.
Nothing in this Act contained shall be construed as depriving any superior court of any power to review and correct the proceedings of any magistrate's court.
[NB: Sub-s. (2) has been amended by s. 67 (a) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Nothing in this Act contained shall be construed as affecting the provisions of section one hundred and five of the South Africa Act, 1909, relating to appeals to the Appellate Division.
[NB: Sub-s. (3) has been deleted by s. 67 (b) of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation.
[Sub-s. (4) deleted by s. 5 of Act 104 of 1996.
Nothing in this Act shall affect proceedings pending at the commencement of this Act and such proceedings shall be continued and concluded in every respect as if this Act had not been passed.
Proceedings shall, for the purposes of this section, be deemed to be pending if, at the commencement of this Act, summons had been issued or the accused had pleaded but judgment had not been given; and to be concluded when judgment is given.
At the expiration of one year from the commencement of this Act, subsection (1) of this section shall cease to have effect; and any cases pending at the commencement of this Act and not concluded within one year thereafter shall become subject to the provisions of this Act.
[NB: S. 115 has been repealed by s. 68 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation.
This Act and any amendment thereof shall apply also in the territory, including the Eastern Caprivi Zipfel.
and (3).
[Sub-ss. (2) and (3) deleted by s. 13 of Act 91 of 1977.
[S. 115A inserted by s. 21 of Act 53 of 1970.
[NB: S. 115A has been repealed by s. 69 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation.
The laws specified in the Schedule to this Act are hereby repealed to the extent set out in the third column of that Schedule.
This Act may be cited for all purposes as the Magistrates' Courts Act, 1944, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.
[NB: S. 117 has been substituted by s. 72 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
[NB: A Schedule 2 has been added by s. 4 of the Magistrates' Courts Amendment Act 67 of 1998, a provision which will be put into operation by proclamation. Schedule 2 has subsequently been substituted by s. 68 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. See PENDLEX.
To consolidate and amend the law relating to Lower Courts.
The courts, districts and regional divisions existing immediately before the commencement of section 3 of the Magistrates' Courts Amendment Act, 1993, shall be deemed to have been established under this Act.
All references in any other law to magistrate's court, magistrate's courts, lower court or lower courts shall be read as referring to the court or courts concerned, as the case may be, established under this Act.
Any process issued out of any court may be served or executed by the sheriff appointed for the area within which such process is to be served or executed.
Subject to the provisions of section 7A and the rules, the records of the court, other than a record with reference to which a direction has been issued under section 153 (2) or 154 (1) of the Criminal Procedure Act, 1977, or with reference to which the provisions of section 154 (2) (a) or 154 (3) of that Act apply, shall be accessible to the public under supervision of the clerk of the court at convenient times and upon payment of the fees prescribed from time to time by the Minister in consultation with the Minister of Finance, and for this purpose and for all other purposes the records of any court which has at any time existed within the Republic, shall be deemed to be the records of the court of the district in which the place where such court was held is situated, and such records shall be preserved at the seat of magistracy or civil court, as the case may be, of that district for such periods as the Director-General: Justice may from time to time determine: Provided that the said Director-General may order that the records of a regional court, a civil court of a civil division or a family court shall be so preserved at such a place or places within that regional, civil or family division, as the case may be, as he may from time to time determine: Provided further that payment of such fees shall not be required from any person who satisfies any judicial officer of the court in respect of which the records are desired that he desires access to the records of the court in connection with research for academic purposes.
for every family division appoint one or more family magistrates.
The Minister may, in a particular case or generally and subject to such directions as he or she may deem fit, delegate the power conferred upon him or her by paragraph (d) to the Director-General of his or her Department or another officer of that Department with the rank of director or an equivalent or higher rank.
'I, (full name) do hereby swear/solemnly and sincerely affirm and declare that whenever I may be called upon to perform the functions of a judicial officer in any court, I will administer justice to all persons alike without fear, favour or prejudice and, as the circumstances of any particular case may require, in accordance with the law and customs of the Republic of South Africa.'.
Any such oath or affirmation shall be taken or made in open court before the most senior available judicial officer of the court concerned or a justice of the peace, who shall at the foot thereof endorse a statement of the fact that it was taken or made before him or her and of the date on which it was so taken or made and append his or her signature thereto.
Whenever by reason of absence or incapacity a judicial officer is unable to carry out the functions of his or her office or whenever such office becomes vacant, the Minister or an officer of the Department of Justice authorized thereto in writing by the Minister, may appoint any other competent officer of the public service or any competent retired officer of the public service to act in the place of the absent or incapacitated judicial officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that no person shall be appointed as an acting regional, senior civil or family magistrate unless he or she has satisfied all the requirements for the degree referred to in section 10 (b) or has passed an examination referred to in that section.
The Minister or an officer of the Department of Justice authorized thereto in writing by the Minister, may appoint temporarily any person to act, subject to such conditions or restriction as the Minister or such officer may determine, either generally or in a particular matter, as judicial officer of a district, subdistrict or regional, civil or family division, as the case may be, in addition to any other judicial officer or acting judicial officer of any such district, subdistrict or regional, civil or family division.
The provisions of section 9 quat (2) and (4) shall mutatis mutandis apply to any person appointed under subsection (3) or (4): Provided that the provisions of section 9 quat (4) shall not apply to any such person who is subject to the laws governing the public service.
[S. 9 substituted by s. 4 of Act 18 of 1996.
The Minister shall establish a board, to be known as the Senior Civil and Family Magistrates Appointments Advisory Board, to determine from time to time the suitability of persons for appointment as senior civil and family magistrates and to advise the Minister as to the suitability of such persons for appointment as senior civil and family magistrates.
The provisions of section 9 bis (3) to (6), inclusive, shall mutatis mutandis apply to the meetings of the board referred to in subsection (1).
For the purposes of the initial functioning of the board referred to in subsection (1), the board shall consist of the members referred to in subsection (2) (a) to (c) , inclusive, and (e) , as well as six judicial officers appointed by the Minister for a period not exceeding two years.
The Minister may at any time before the expiry of the period for which a judicial officer has been appointed in terms of paragraph (a) , appoint a senior civil or family magistrate or another judicial officer in the place of the first-mentioned judicial officer.
in any vacancy in such district or civil or family division, as the case may be, so appoint such advocate or attorney for such period as the Minister may determine, from persons whose names have been submitted for that purpose by the board referred to in section 9 ter (1), after consultation with the General Council of the Bar of South Africa and the Association of Law Societies of the Republic of South Africa.
The provisions of section 9 (2) shall mutatis mutandis apply in relation to a person appointed under subsection (1).
revoke the appointment of any person appointed under subsection (1).
no person shall be appointed as a regional, senior civil or family magistrate unless he is a magistrate, additional magistrate or civil magistrate or an advocate or attorney who has satisfied all the requirements for the degree of baccalaureus legum of a university in the Republic or has passed the diploma legum examination or an examination deemed by the Magistrates Commission mentioned in paragraph (a) to be equivalent or of a higher standard, and the board referred to in section 9 bis (1) or 9 ter (1), as the case may be, has advised the Minister that he is suitable for appointment as regional, senior civil or family magistrate, as the case may be: Provided that no person who does not satisfy all the requirements for the degree of baccalaureus legum , shall be appointed as a family magistrate.
All judicial officers holding office at the commencement of section 9 of the Magistrates' Courts Amendment Act, 1993, shall be deemed to have been appointed under this Act.
References in any other law to chief magistrates, resident magistrates, magistrates, additional magistrates, civil magistrates or criminal magistrates, shall be read as referring to judicial officers, as the case may be, appointed under this Act.
A person appointed as judicial officer under section 9 (3), shall during the period of his appointment possess the powers and jurisdiction and perform the duties connected with the office in which he is acting.
Any person appointed temporarily under section 9 (4) to act as judicial officer of a district, subdistrict or regional, civil or family division shall, during the period of his appointment, and subject to such conditions or restrictions as the Minister or the officer so appointing him may impose, possess the powers and jurisdiction and perform the duties connected with the office in which he is so acting.
Any person appointed as a judicial officer under section 9 quat (1), shall during the period of his appointment possess the powers and jurisdiction and perform the duties connected with the office in which he is acting.
The magistrate of the district in which a magistrate's court, regional court, civil court of a district, civil court of a civil division or family court is situate, shall for every such court appoint such number of clerks of the court and assistant clerks of the court as may be necessary.
A sheriff receiving any process for service or execution from a practitioner or plaintiff by whom there is due and payable to the sheriff any sum of money in respect of services performed more than three months previously in the execution of any duty of his office, and which notwithstanding request has not been paid, may refer such process to any judicial officer of the court out of which the process was issued, with particulars of the sum due and payable by the practitioner or plaintiff; and the judicial officer may, if he is satisfied that a sum is due and payable by the practitioner or plaintiff to the sheriff as aforesaid which notwithstanding request has not been paid, by writing under his hand authorize the sheriff to refuse to serve or execute such process until the sum due and payable to the sheriff has been paid.
A judicial officer granting any such authority shall forthwith transmit a copy thereof to the practitioner or plaintiff concerned and a sheriff receiving any such authority shall forthwith return to the practitioner or plaintiff the process to which such authority refers with an intimation of his refusal to serve or execute the same and of the grounds for such refusal.
The fees payable in respect of or in connection with any such service to a sheriff shall in any such case be chargeable but shall be paid into the National Revenue Fund. [Para. (b) amended by s. 4 of Act 18 of 1996.
The sheriff shall receive and cause to be lodged in a prison all persons arrested by such sheriff or committed to his custody.
The return of a sheriff or of any person authorized to perform any of the functions of a sheriff to any civil process of the court, shall be prima facie evidence of the matters therein stated.
Every officer of the court holding office immediately prior to the commencement of section 12 of the Magistrates' Courts Amendment Act, 1993, shall be deemed to be duly appointed under this Act, and shall be invested with power, duties and authority accordingly.
A court established for a district shall have no jurisdiction in a subdistrict or in an area referred to in section 2 (n).
Nothing in subsection (2) shall affect proceedings pending in the court of a district at the time of the establishment of a subdistrict or an area referred to in section 2 (n).
no person shall, without his own consent, be liable to appear as a party before any periodical court to answer any claim unless he resides nearer to the place where the periodical court is held than to the seat of the civil court of the district.
any person who owns immovable property within the area of jurisdiction of the court in actions in respect of such property or in respect of mortgage bonds thereon.
Section 29 (1) - words preceding para.
The Minister may, in respect of the actions referred to in paragraphs (a) , (b) and (d) to (g) , inclusive, of subsection (1), from time to time after consultation with the judges president of the Supreme Court of South Africa, by notice in the Gazette determine different amounts for a civil court of a district and a civil division.
In addition to any other jurisdiction conferred upon a family court by this Act or any other law, a family court shall have jurisdiction in respect of any divorce action as defined in section 1 of the Divorce Act, 1979 (Act 70 of 1979).
If a party appeals to the civil court of a district in terms of the provisions of section 12 (4) of the Black Administration Act, 1927 (Act 38 of 1927), the said court may confirm, alter or set aside the judgment after hearing such evidence as may be tendered by the parties to the dispute, or as may be deemed desirable by the court.
A confirmation, alteration or setting aside in terms of subsection (1), shall be deemed to be a decision of the civil court of a district for the purposes of the provisions of Chapter XI.
Except where it is otherwise by law provided, a party or parties to any suit pending in a court of a civil division may, in accordance with the rules, apply to the civil court of the district in which the summons was issued for any interlocutory order, including any order contemplated in section 30, 30 bis , 31 or 32 which may emanate from such suit, and that court may grant such order.
The sheriff shall, if required by the plaintiff and at such plaintiff's expense, make an inventory of such furniture or effects.
Upon an affidavit by or on behalf of the landlord of any premises situate within the area of jurisdiction, that an amount of rent not exceeding the jurisdiction of the court is due and in arrear in regard to the said premises, and that the said rent has been demanded in writing for the space of seven days and upwards, or, if not so demanded, that the deponent believes that the tenant is about to remove the movable property upon the said premises, in order to avoid the payment of such rent, and upon security being given to the satisfaction of the clerk to the court to pay all damages, costs and charges which the tenant of such premises, or any other person, may sustain or incur by reason of the attachment hereinafter mentioned, if the said attachment be thereafter set aside, the court may, upon application, issue an order to the sheriff requiring him to attach so much of the movable property upon the premises in question and subject to the landlord's hypothec for rent as may be sufficient to satisfy the amount of such rent, together with the costs of such application and of any action for the said rent.
An interpleader summons, if issued in the court of the district or division in which the property was attached, may, at the discretion of the court, be remitted for trial to the court in which the judgment was given.
A civil court of a district shall have no jurisdiction in matters in which the dissolution of a marriage is sought.
Section 46 (2) - words preceding para.
When in answer to a claim within the jurisdiction the defendant sets up a counterclaim exceeding the jurisdiction, the claim shall not on that account be dismissed; but the court may, if satisfied that the defendant has prima facie a reasonable prospect on his counterclaim of obtaining a judgment in excess of its jurisdiction, stay the action for a reasonable period in order to enable him to institute an action in a competent court. The plaintiff in the civil court may (notwithstanding his action therein) counterclaim in such competent court and in that event all questions as to the costs incurred in the civil court shall be decided by that competent court.
Section 47 (2) - words preceding para.
If the defendant has failed to institute action within such further period or if the action instituted by the defendant be stayed, dismissed, withdrawn, or abandoned, or if the competent court has granted absolution from the instance thereon, the civil court shall, upon application, dismiss the counterclaim and shall proceed to determine the claim.
Any party to any civil action or other proceeding where the attendance of witnesses is required may procure the attendance of any witness (whether residing or for the time being within the area of jurisdiction of the court or not) in the manner in the rules provided.
If any person, being duly subpoenaed to give evidence or to produce any books, papers or documents in his possession or under his control which the party requiring his attendance desires to show in evidence, fails, without lawful excuse, to attend or to give evidence or to produce those books, papers or documents according to the subpoena or, unless duly excused, fails to remain in attendance throughout the trial, the court may, upon being satisfied upon oath or by the return of the sheriff that such person has been duly subpoenaed and that his reasonable expenses, calculated in accordance with the tariff prescribed under section 51 bis , have been paid or offered to him, impose upon the said person a fine not exceeding R300, and in default of payment, imprisonment for a period not exceeding three months, whether or not such person is otherwise subject to the jurisdiction of the court.
Whenever a witness resides or is in an area of jurisdiction other than that wherein the case is being heard, the court may, if it appears to be consistent with the ends of justice, upon the application of either party approve of such interrogatories as either party shall desire to have put to such witness and shall transmit the same, together with any further interrogatories framed by the court, to the court of the area of jurisdiction within which such witness resides or is.
Every witness so subpoenaed to appear shall be liable to the like penalties in case of non-attendance or failure to give evidence or to produce books, papers or documents as if he had been subpoenaed to give evidence in the court of the area of jurisdiction in which he resides or is.
The court may, in its discretion, refuse to take account of the periodical payments that a judgment debtor has undertaken to make in terms of a credit transaction as defined in section 1 of the Credit Agreements Act, 1980 (Act 75 of 1980), for the purchase of goods which have not been exempted from seizure in terms of section 67 or which cannot, in the opinion of the court, be regarded as the judgment debtor's household requirements.
Section 65J (1) - words following upon para.
the judgment creditor may, subject to the provisions of subsection (2), issue an order (hereinafter called an emoluments attachment order) from the court of the district in which the employer of the judgment debtor resides, carries on business or is employed, or, if the judgment debtor is employed by the State, in which he is employed, attaching the emoluments at present or in future owing or accruing to the judgment debtor by or from such employer (in this section called the garnishee) to the amount necessary to cover the judgment and the costs of the attachment, whether such judgment was obtained in that court or in any other civil court, and obliging the garnishee to pay from time to time to the judgment creditor or his attorney at the address of such judgment creditor or his attorney specific amounts out of the emoluments of the judgment debtor in accordance with the order of court laying down the specific instalments payable by the judgment debtor, until such judgment debt and costs have been paid in full.
Any emoluments attachment order shall be prepared by the judgment creditor or his attorney, shall be signed by the judgment creditor or his attorney and the clerk of the court, and shall be served on the garnishee by the sheriff in the manner prescribed by the rules for the service of process.
A judgment creditor (whether by virtue of a judgment given in the Supreme Court of South Africa or in a civil court) desiring to attach immovable property that is already under attachment and in respect of which a sale in execution is not pending, and who has lodged a warrant of execution with the sheriff, may, after notifying the interested parties, apply to the court for an order to the effect that the property may be sold in terms of this warrant.
A sheriff who is directed to attach immovable property, shall not be precluded merely by the absence of the execution debtor from his place of residence or business, from discharging his duties, but may discharge his duties if he is able to do so and shall endorse a return of service to the court on the warrant.
If the execution debtor, having been requested by the sheriff to point out property in order to satisfy a warrant of execution against movable property, declares that he has no movable property or insufficient movable property and the sheriff is unable to find sufficient movable property to satisfy the warrant, the sheriff shall request the execution debtor to declare whether he has immovable property which is executable and shall enter the execution debtor's reply in his return of service endorsed on such warrant.
The sheriff executing any process of execution against movable property may, by virtue of such process, also seize and take any money or bank notes, and may seize, take and sell in execution cheques, bills of exchange, promissory notes, bonds, or securities for money belonging to the execution debtor.
The sheriff may also hold any cheques, bills of exchange, promissory notes, bonds or securities for money which have been seized or taken, as security for the benefit of the execution creditor for the amount directed to be levied by the execution so far as it is still unsatisfied; and the execution creditor may, when the time of payment has arrived, sue in the name of the execution debtor, or in the name of any person in whose name the execution debtor might have sued, for the recovery of the sum secured or made payable thereby.
The sheriff may also under any process of execution against movable property attach and sell in execution the interest of the execution debtor in any movable property belonging to him and pledged or sold under a suspensive condition to a third person, and may also sell the interest of the execution debtor in property movable or immovable leased to the execution debtor or sold to him under any hire purchase contract or under a suspensive condition.
Whenever, if the sale had not been in execution, it would have been necessary for the execution debtor to endorse a document or to execute a cession in order to pass the property to a purchaser, the sheriff may so endorse the document or execute the cession, as to any property sold by him in execution.
The sheriff may also, as to immovable property sold by him in execution, do anything necessary to effect registration of transfer. Anything done by the sheriff under this subsection or subsection (4) shall be as valid and effectual as if he were the execution debtor.
A sale in execution by the sheriff shall not, in the case of movable property after delivery thereof or in the case of immovable property after registration of transfer, be liable to be impeached as against a purchaser in good faith and without notice of any defect.
If, after a sale in execution, there remains any surplus in the hands of the sheriff, it shall be liable to attachment for any other unsatisfied judgment debt.
Any movable property in the custody of the sheriff or any other person acting on his or her behalf in respect of which attachment has been withdrawn or which is released from attachment and in respect of which the owner or person from whose possession the property has been removed, cannot be traced, and which cannot be disposed of in terms of this Act, shall be sold by the sheriff by public auction, and the proceeds of the sale shall, after deduction of the sheriff's costs, be paid into the National Revenue Fund: Provided that such sale shall not take place unless such property has remained unclaimed for a period of fourteen days after the sheriff has published, in one English and one Afrikaans newspaper circulating in the district where the last known address of the judgment debtor is situate, a notice containing the name of the judgment debtor and a description of the property and stating the intention to sell such property if it is not claimed within the period specified therein.
After the public auction referred to in subsection (1), the sheriff shall draw up a venue roll as if the sale was a sale in execution of property and shall attach the roll to his or her return in respect of the relevant process of the court in the case together with proof that the proceeds of the sale have been paid into the National Revenue Fund.
The proceeds of a sale paid into the National Revenue Fund in terms of this section, shall be refunded out of accruing revenue to any person who satisfies a civil magistrate of the district in which the sale took place that he or she would have been entitled to receive the property referred to in this section after the attachment thereof had been withdrawn or the property had been released from attachment.
[S. 71A substituted by s. 4 of Act 18 of 1996.
(b) , order the attachment of any debt at present or in future owing or accruing to a judgment debtor by or from any other person (excluding the State), residing, carrying on business or employed in the area of jurisdiction of the court, to an amount sufficient to satisfy the judgment and the costs of the proceedings for attachment, whether such judgment has been obtained in such court or in any other civil court, and make an order (hereinafter called a garnishee order) against such person (hereinafter called the garnishee) to pay to the judgment creditor or his attorney at the address of the judgment creditor or his attorney, so much of the debt as may be sufficient to satisfy the judgment and costs, and may enforce such garnishee order as if it were a judgment of the court.
Section 74 (1) - words following upon para.
such court or the court of the district in which the debtor resides or carries on business or is employed may, upon application by the debtor or under section 65I, subject to such conditions as the court may deem fit with regard to security, preservation or disposal of assets, realization of movables subject to hypothec, or otherwise, make an order (in this Act called an administration order) providing for the administration of his estate and for the payment of his debts in instalments or otherwise.
An emoluments attachment order or garnishee order referred to in subsection (3) shall be prepared by the administrator or his attorney, shall be signed by the administrator or his attorney and the clerk of the court, and shall be served on the garnishee by the sheriff by registered post.
A distribution account referred to in subsection (5) shall at the request of any interested party be subject to review free of charge by any civil magistrate whose decision shall be final.
if he is a practising attorney, in the trust account that he keeps in terms of section 78 of the Attorneys Act, 1979 (Act 53 of 1979).
The expenses and remuneration mentioned in subsection (1) (a) shall not exceed 12 per cent of the amount of collected moneys received and such expenses and remuneration shall, upon application by any interested party, be subject to taxation by the clerk of the court and review by any civil magistrate.
The provisions of the Criminal Procedure Act, 1977 (Act 51 of 1977), with regard to periodical imprisonment shall mutatis mutandis apply to periodical imprisonment imposed in terms of subsection (1).
The stamps, fees, costs and charges in connection with any civil proceedings in civil courts shall, as between party and party, be payable in accordance with the scales prescribed by the rules.
Taxation by the clerk of the court shall be subject to review free of charge by a judicial officer of the court; and the decision of such judicial officer may at any time within one month thereafter be brought in review before a judge of the court of appeal in the manner prescribed by the rules.
The magistrate's court shall have jurisdiction over all offences except treason, murder and rape.
The regional court shall have jurisdiction over all offences except treason.
Where by any special provision of law a court has jurisdiction in respect of an offence committed beyond the local limits of the district, or of the regional division, as the case may be, such court shall not be deprived of such jurisdiction by any of the provisions of this section.
Where an accused is alleged to have committed various offences within different districts within the area of jurisdiction of any attorney-general, the attorney-general concerned may in writing direct that criminal proceedings in respect of such various offences be commenced in any particular magistrate's court within his area of jurisdiction, whereupon such court shall have jurisdiction to act with regard to any such offence as if such offence had been committed within the area of jurisdiction of that court, and the regional court within whose area of jurisdiction such magistrate's court is situated, shall likewise have jurisdiction in respect of any such offence if such offence is an offence which may be tried by a regional court.
The court of the district within which an area is situate for which a periodical court has been established, shall retain concurrent jurisdiction with the periodical court within such portion of that area as is situate within such district.
A criminal case that has been instituted in a periodical court may, subject to the provisions of subsection (1) (b) , in the discretion of the court be transferred to the court of the district and vice versa.
The magistrate's court shall have jurisdiction to impose any punishment prescribed in respect of an offence under any law which relates to vehicles and the regulation of traffic on public roads, notwithstanding that such punishment exceeds the jurisdiction referred to in subsection (1).
Where a person is convicted of culpable homicide arising out of the driving of a vehicle as defined in any applicable law referred to in paragraph (a) , the magistrate's court shall have jurisdiction to impose any punishment which the court may impose under that paragraph in respect of the offence of driving a vehicle recklessly on a public road.
The judicial officer presiding at any trial may, if he deems it expedient for the administration of justicesummon to his assistance any one or two persons who, in his opinion, may be of assistance at the trial of the case or in the determination of a proper sentence, as the case may be, to sit with him as assessor or assessors: Provided that if an accused is standing trial in any regional court on a charge of murder, whether together with other charges or accused or not, the judicial officer shall at that trial be assisted by two assessors unless such an accused requests that the trial be proceeded with without assessors, whereupon the judicial officer may in his discretion summon one or two assessors to assist him.
Section 107 (3) - words preceding para.
If any person, whether in custody or not, wilfully insults a judicial officer during his sitting or a clerk or sheriff or other officer during his attendance at such sitting, or wilfully interrupts the proceedings of the court or otherwise misbehaves himself in the place where such court is held, he shall (in addition to his liability to being removed and detained as in subsection (3) of section 5 provided) be liable to be sentenced summarily or upon summons to a fine not exceeding R2 000 or in default of payment to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine. In this subsection the word 'court' includes a preparatory examination held under the law relating to criminal procedure.
Nothing in this Act contained shall be construed as depriving any superior court of any power to review and correct the proceedings of any court.
This Act may be cited for all purposes as the Lower Courts Act, 1944, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.
In any action the court may, upon the application of either party, summon to its assistance one or two persons who are suitable and available and who may be willing to sit and act as assessors in an advisory capacity.
NB: S. 2 of the Magistrates' Courts Amendment Act 67 of 1998 substituted s. 93 ter . S. 2 was put into operation with effect from 20 April 2000 in so far as it substituted sub-s.
and inserted sub-ss. (10) and (11). The remainder of s. 93 ter as substituted by s. 2 of Act 67 of 1998 is reproduced below.
In this section 'assessor' means a person whose name is registered on a roll of assessors, in terms of a regulation referred to in section 93 quat.
A judicial officer shall be assisted by two assessors at the trial of an accused person in respect of any offence referred to in Schedule 2.
in the case of a trial referred to in paragraph (b) , summon two assessors, to assist him or her at the proceedings concerned.
any other matter or circumstance which he or she may deem to be indicative of the desirability of summoning an assessor or assessors.
The judicial officer may question the accused person in relation to the matters referred to in paragraph (a) , or obtain such information from his or her legal representative.
Whenever a judicial officer is assisted by assessors at a trial referred to in subsection (2) of (3) (b) , the assessors shall only commence with their functions as assessors after the plea in the matter has been recorded.
An assessor shall, at the consideration of a bail application or in determining an appropriate sentence, assist the judicial officer in an advisory capacity only.
any question arising thereat as to whether a matter for decision is a matter of fact or a matter of law, shall be decided by the judicial officer.
The judicial officer shall adjourn the proceedings regarding any matter or question referred to in paragraph (b) and shall sit alone for the hearing of such proceedings and the decision of such matter or question.
the judicial officer shall give his or her reasons for that decision.
Upon all matters of fact the finding or decision of the majority of the members of the court shall be the finding or decision of the court.
Whenever a judicial officer is assisted by assessors at a trial referred to in subsection (2) or (3) (b) , the judicial officer shall, after the conclusion of the arguments by the prosecutor and the accused person, but before judgment is passed in the matter, explain to the assessors any specific rule of evidence or any other matter that is relevant in respect of the evidence tendered to the court.
in the event of any member of the court making a finding different to that of the other members, set out the reasons for such different finding.
if the judicial officer is of the opinion that the assessors concerned have clearly made an incorrect finding in a material respect which probably led to a wrongful conviction of the accused person, record the reasons for his or her opinion and transmit them, together with the record of the proceedings, to the registrar of the High Court having jurisdiction, and such registrar shall, as soon as is practicable, submit the said reasons and the record to a judge in chambers for review, who shall have the same powers in respect of such proceedings as if the record thereof had been submitted to him or her in terms of section 303 of the Criminal Procedure Act, 1977 (Act 51 of 1977).
When a judicial officer acts in terms of paragraph (a) , he or she shall inform the accused person accordingly and, if the accused person is in custody, the provisions of the Criminal Procedure Act, 1977, relating to the granting of bail pending an appeal shall be applicable.
shall be suspended in respect of an accused person who has appealed against a conviction or sentence and has not abandoned the appeal, and shall cease to apply with reference to such an accused person when judgment on appeal is given.
The Minister has the power, from time to time, to determine the criteria for the qualification of persons to serve as assessors in terms of section 93 ter , including the criteria for the disqualification of persons to serve as such assessors.
any other matter which the Minister deems expedient to prescribe in order to regulate the service of assessors in the courts.
Any regulation made under this section which may result in expenditure for the State, shall be made in consultation with the Minister of Finance.
A regulation made under subsection (1) (c) may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding three months.
Any regulation made under this section shall be tabled in Parliament before publication thereof in the Gazette.
[Schedule 2 substituted by s. 68 of Act 32 of 2007.
(Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
Robbery, where serious bodily harm has been inflicted on the victim.
Assault, where serious bodily harm has been inflicted on the victim.
withdraw or vary any notice under this section and abolish any regional division, district, sub-district or other area of jurisdiction and the court thereof.
shall possess such powers and perform such duties conferred or imposed upon magistrates by law.
Only a magistrate of a regional division whose name appears on the list referred to in subsection (7), may adjudicate on civil disputes as contemplated in section 29 (1) and 29 (1B).
and 29 (1B).
as a legal practitioner with at least five years' experience in the administration of justice, has suitable knowledge of, and expertise in, civil litigation matters to preside over the adjudication of civil disputes contemplated in section 29 (1) and 29 (1B).
The Director-General of the Department of Justice and Constitutional Development must appoint for each regional division a registrar and so many assistant registrars as may be necessary.
Any clerk of the court and any assistant clerk of the court may also be appointed as the registrar or an assistant registrar of a regional division.
A refusal by a registrar or assistant registrar to do any act which he or she is by any law empowered to do, shall be subject to review by the court of the regional division in question on application either ex parte or on notice, as the circumstances may require.
Any reference in any law to a 'clerk of the court' is, in so far as that law relates to a court of a regional division, deemed to be a reference to the registrar or assistant registrar of that regional division.
any person who owns immovable property within the district or regional division in actions in respect of such property or in respect of mortgage bonds thereon.
ordinarily resident in the area of jurisdiction of the court on the said date and has or have been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.
actions other than those already mentioned in this section, where the claim or the value of the matter in dispute does not exceed the amount determined by the Minister from time to time by notice in the Gazette.
(b) , (d) , (e) , (f) and (g) in respect of courts for districts and courts for regional divisions.
(a) A court for a regional division, in respect of causes of action, shall, subject to section 28 (1A), have jurisdiction to hear and determine suits relating to the nullity of a marriage or a civil union and relating to divorce between persons and to decide upon any question arising therefrom, and to hear any matter and grant any order provided for in terms of the Recognition of Customary Marriages Act, 1998 (Act 120 of 1998).
A court for a regional division hearing a matter referred to in paragraph (a) shall have the same jurisdiction as any High Court in relation to such a matter.
The presiding officer of a court for a regional division hearing a matter referred to in paragraph (a) may, in his or her discretion, summon to his or her assistance two persons to sit and act as assessors in an advisory capacity on questions of fact.
Any person who has been appointed as a Family Advocate or Family Counsellor under the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987), shall be deemed to have also been appointed in respect of any court for a regional division having jurisdiction in the area for which he or she has been so appointed.
Jurisdiction conferred on a court for a regional division in terms of this section shall be subject to a notice having been issued under section 2 (1) (i A) in respect of the place for the holding, and the extent of the civil adjudication, of such court.
To amend the Magistrates' Courts Act, 1944, and the law relating to criminal procedure and evidence in matters incidental thereto.
'Criminal Code' means the Criminal Procedure and Evidence Act, 1917 (Act 31 of 1917), as amended.
2 to 9 inclusive Amend respectively the following sections of the Magistrates' Courts Act 32 of 1944 : 1, 2, 3, 4, 5, 6, 9, 12.
10 Amends section 14 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraphs (a) and (b) substitute respectively subsections (1) and (6) (date of commencement: 2 July 1945); and paragraph (c) amends subsections (7) and (8).
11 to 14 inclusive Amend respectively the following sections of the Magistrates' Courts Act 32 of 1944 : 15, 28, 29, 53.
15 Substitutes section 65 of the Magistrates' Courts Act 32 of 1944.
16 Amends section 66 of the Magistrates' Courts Act 32 of 1944.
17 Substitutes section 72 of the Magistrates' Courts Act 32 of 1944.
18 and 19 Amend respectively sections 73 and 74 of the Magistrates' Courts Act 32 of 1944.
20 Substitutes section 90 of the Magistrates' Courts Act 32 of 1944.
21 Amends section 92 of the Magistrates' Courts Act 32 of 1944.
22 to 26 inclusive.
[Ss. 22 to 26 inclusive repealed by s. 344 (1) of Act 51 of 1977.
27 Amends section 106 of the Magistrates' Courts Act 32 of 1944.
28 Substitutes section 109 of the Magistrates' Courts Act 32 of 1944 . 29 to 32 inclusive.
[Ss. 29 to 32 inclusive repealed by s. 391 of Act 56 of 1955.
This Act shall be called the Magistrates' Courts Amendment Act, 1952.
To amend the Magistrates' Courts Act, 1944.
1 and 2 Amend respectively sections 65 and 74 of the Magistrates' Courts Act 32 of 1944.
3 Inserts section 93 ter in the Magistrates' Courts Act 32 of 1944.
This Act shall be called the Magistrates' Courts Amendment Act, 1954.
1 to 10 inclusive Amend respectively the following sections of the Magistrates' Courts Act 32 of 1944 : 9, 15, 29, 30, 46, 50, 51, 55, 59, 65.
11 Amends section 72 of the Magistrates' Courts Act 32 of 1944 . [Date of commencement of s. 11: 4 July 1962.
12 to 15 inclusive Amend respectively the following sections of the Magistrates' Courts Act 32 of 1944 : 74, 79, 92, 95.
16 to 20 inclusive.
[Ss. 16 to 20 inclusive repealed by s. 344 (1) of Act 51 of 1977.
21 to 24 inclusive Amend respectively the following sections of the Magistrates' Courts Act 32 of 1944 : 106, 107, 108, 109.
This Act shall be called the Magistrates' Courts Amendment Act, 1963.
1 Amends section 9 of the Magistrates' Courts Act 32 of 1944.
2 Inserts section 9 bis in the Magistrates' Courts Act 32 of 1944.
3 Amends section 48 of the Magistrates' Courts Act 32 of 1944.
This Act shall be called the Magistrates' Courts Amendment Act, 1965.
To amend section 7 of the Magistrates' Courts Act, 1944, in order to change the period of preservation of court records at magistrates' courts; to amend section 9 of that Act in order to make more effective provision for acting appointments of judicial officers in magistrates' courts; and to provide for matters incidental thereto.
1 and 2 Substitute respectively sections 7 and 9 of the Magistrates' Courts Act 32 of 1944.
This Act shall be called the Magistrates' Courts Amendment Act, 1967.
To amend the provisions of the Magistrates' Courts Act, 1944, relating to the local limits of jurisdiction of a magistrate's court and sentences which are subject to automatic review; and to provide for incidental matters.
1 Amends section 16 of the Magistrates' Courts Act 32 of 1944 by substituting the words 'a prison' for the word 'gaol'.
2 Amends section 56 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (9) (d).
3 Amends section 90 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (2).
[S. 4 repealed by s. 344 (1) of Act 51 of 1977.
This Act shall be called the Magistrates' Courts Amendment Act, 1969.
To amend the Magistrates' Courts Act, 1944, so as to apply that Act to the territory of South-West Africa; to provide for the determination of an area in a district and a place in such area for the holding of a court for such district; to amend the constitution of the Regional Divisions Appointments Advisory Board; to provide for the disposal in certain circumstances of property in respect of which an attachment has been withdrawn; to make further provision for the suspension of judgments; to delete certain references to the civil record book and to the rules contained in the Second Schedule to the Magistrates' Courts Act, 1917; to make further provision for the transfer of proceedings to the court of a regional division; to amend certain penalties; to substitute in certain provisions the word 'Republic' for the word 'Union'; and to provide for incidental matters.
1 and 2 Substitute respectively sections 1 and 2 of the Magistrates' Courts Act 32 of 1944.
3 Amends section 4 (3) of the Magistrates' Courts Act 32 of 1944 by substituting the word 'Republic' for the word 'Union'.
4 Amends section 9 (2) of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (a).
5 Amends section 9 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (2).
6 Amends section 14 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (9).
7 Repeals section 24 of the Magistrates' Courts Act 32 of 1944.
8 Amends section 25 (3) of the Magistrates' Courts Act 32 of 1944 by deleting paragraph (b).
9 Substitutes section 26 of the Magistrates' Courts Act 32 of 1944.
10 Amends section 29 (1) of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (e).
11 Amends section 30 (3) (c) of the Magistrates' Courts Act 32 of 1944 by substituting the word 'Republic' for the word 'Union'.
12 Amends section 48 of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (e).
13 Amends section 53 (1) of the Magistrates' Courts Act 32 of 1944 by substituting the word 'Republic' for the word 'Union'.
14 Amends section 55 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (1).
15 Amends section 57 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (1).
16 Inserts section 71A in the Magistrates' Courts Act 32 of 1944.
17 Amends section 75 (2) of the Magistrates' Courts Act 32 of 1944 by substituting the word 'Republic' for the word 'Union'. 18.
[S. 18 repealed by s. 344 (1) of Act 51 of 1977.
19 and 20 Substitute respectively sections 107 and 110 of the Magistrates' Courts Act 32 of 1944.
21 Inserts section 115A in the Magistrates' Courts Act 32 of 1944.
Section 3 of the South-West Africa Affairs Act, 1922 (Act 24 of 1922), is hereby repealed in so far as it relates to the attendance of witnesses in any civil action in any magistrate's court in the territory of South-West Africa.
Subject to the provisions of subsection (3), the laws of the territory of South-West Africa specified in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.
Any regulation, rule, notice, approval, authority, return, certificate, document or appointment made, issued or given, and any other act done under any provision of any law repealed by this Act, shall be deemed to have been made, issued, given or done under the corresponding provision of the principal Act.
This section shall apply also in the Eastern Caprivi Zipfel.
This Act shall be called the Magistrates' Courts Amendment Act, 1970, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
To amend the Magistrates' Courts Act, 1944, so as to make further provisions for the recovery of debts and the granting of administration orders; to regulate the recovery from a debtor of fees or remuneration in connection with the collection of any debt; to further regulate the manner of execution of judgments of magistrates' courts; to extend the provisions with regard to change of address by certain judgment debtors; and to provide for the amendment of court records with reference to misnomers in regard to names and women married in community of property; and to provide for matters connected therewith.
1 Substitutes Chapter VIII (headings and section 55 to 60) of the Magistrates' Courts Act 32 of 1944.
2 Substitutes section 65 of the Magistrates' Courts Act 32 of 1944 by sections 65 and 65A to 65M.
substitutes subsection (1); and paragraph (b) adds subsections 4, 5, 6, 7 and 8.
4 Substitutes section 72 of the Magistrates' Courts Act 32 of 1944.
5 Amends section 73 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (1).
6 Substitutes section 74 of the Magistrates' Courts Act 32 of 1944 by sections 74 and 74A to 74W.
7 Substitutes section 77 of the Magistrates' Courts Act 32 of 1944.
8 Substitutes section 106 of the Magistrates' Courts Act 32 of 1944 by sections 106, 106A and 106B.
9 Substitutes section 109 of the Magistrates' Courts Act 32 of 1944.
10 Amends section 111 of the Magistrates' Courts Act 32 of 1944 as follows: paragraph (a) substitutes subsection (3); and paragraph (b) adds subsection (4).
The provisions of this Act shall not affect any proceedings, notice, appointment, judgment, order, warrant or anything else incidental thereto, commenced, effected, issued, made, granted or done prior to the commencement of this Act in terms of any provision of the principal Act replaced by this Act, and such proceedings, notice, appointment, judgment, order, warrant or thing shall be proceeded with, disposed of and given effect to, as the case may be, as if this Act had not been passed.
This Act shall be called the Magistrates' Courts Amendment Act, 1976, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
To amend the Magistrates' Courts Act, 1944, in order to restrict the operation of certain provisions to civil matters; to exclude certain records in criminal cases from records to which the public has access; to provide for the appointment of a clerk of the court by the magistrate of the district; to increase the fines in respect of certain offences; to provide for additional circumstances in which a magistrate's court and the court of a regional division shall have jurisdiction in criminal cases; to increase the punitive jurisdiction of magistrate's courts and the courts of regional divisions; to change the basis on which compensation is payable to assessors; to amend section 21 of the General Law Amendment Act, 1962, and the Terrorism Act, 1967, in order to extend the jurisdiction of courts of regional divisions to offences under those Acts; and to provide for incidental matters.
substitutes subsections (2) and (3); and paragraph (b) deletes subsection (4).
2 Amends section 7 (1) of the Magistrates' Courts Act 32 of 1944 by substituting the words preceding the first proviso.
3 Amends section 13 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (1).
4 Substitutes section 17 of the Magistrates' Courts Act 32 of 1944.
5 Amends section 51 (2) (a) of the Magistrates' Courts Act 32 of 1944 by substituting the words 'one hundred rand' for the words 'fifty rand'.
6 Amends section 79 of the Magistrates' Courts Act 32 of 1944 by substituting the words 'one hundred' for the word 'fifty', wherever it occurs.
7 Amends section 89 (2) of the Magistrates' Courts Act 32 of 1944 by deleting the proviso.
substitutes in subsection (2) (a) , (b) and (c) the words 'four kilometres' for the words 'two miles'; and paragraph (b) substitutes subsections (8) and (9).
9 Amends section 92 (1) of the Magistrates' Courts Act 32 of 1944 by substituting paragraphs (a) and (b).
10 Amends section 93 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) deletes subsection (2); paragraph (c) substitutes subsection (4); and paragraph (d) substitutes subsection (5).
11 Substitutes section 112 of the Magistrates' Courts Act 32 of 1944.
12 Amends section 114 (1) of the Magistrates' Courts Act 32 of 1944 by substituting the expression '1977' for the expression '1955'.
13 Amends section 115 of the Magistrates' Courts Act 32 of 1944 by deleting subsections (2) and (3).
14 to 16 inclusive [Ss. 14 to 16 inclusive repealed by s. 73 (1) of Act 74 of 1982.
This Act shall be called the Lower Courts Amendment Act, 1977, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
The State President may under subsection (1) fix different dates in respect of different provisions of this Act and may fix different dates for the commencement of any such provision in the Republic, the territory and the Eastern Caprivi Zipfel.
To amend the Magistrates' Courts Act, 1944, so as to substitute or delete certain obsolete references therein; alter the composition of the Regional Divisions Appointments Advisory Board; and make further provision for the recovery of commission by a garnishee for services rendered by him in terms of an emoluments attachment order; and to make provision for matters connected therewith.
1 Amends section 9 (1) of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (a A).
2 Amends section 9 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (2).
3 Amends section 14 (1) of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (b).
4 Amends section 74I (5) of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (b).
This Act shall be called the Magistrates' Courts Amendment Act, 1981.
To amend the Magistrates' Courts Act, 1944, so as to further regulate the service of process; and to provide for matters connected therewith.
1 Amends section 15 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (2).
This Act shall be called the Magistrates' Courts Amendment Act, 1982.
To amend the Magistrates' Courts Act, 1944, so as to increase the civil jurisdiction of magistrates' courts in respect of causes of action; and to provide for matters connected therewith.
1 Amends section 29 (1) of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes paragraph (a) ; paragraph (b) substitutes the proviso to paragraph (b) ; paragraph (c) substitutes paragraph (d) ; and paragraph (d) substitutes paragraph (e) ; and paragraph (e) substitutes paragraph (f).
2 Amends section 46 (2) of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (c).
This Act shall be called the Magistrates' Courts Amendment Act, 1984.
To amend the Magistrates' Courts Act, 1944, so as to provide that the rules made by the Rules Board shall be tabled in the respective Houses of Parliament; to increase the maximum amounts of certain fines which may be imposed in terms of that Act; to replace references to the Criminal Procedure Act, 1955, by references to the Criminal Procedure Act, 1977, and to replace references to sections of the former Act by references to the corresponding sections of the latter Act; to increase the amount of a judgment debtor's total debts with reference to which a power is conferred upon the court to grant an administration order in respect of the judgment debtor's estate; and to increase the extent of the exemption in relation to those classes of property which are to a limited extent exempt from execution; and to provide for incidental matters.
1 Amends section 25 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (6).
2 Amends section 51 (2) of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (a).
substitutes subsection (4); and paragraph (b) substitutes subsection (5).
4 Amends section 65 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (3).
substitutes paragraph (b) ; paragraph (b) substitutes paragraph (c) ; paragraph (c) substitutes paragraph (e) ; paragraph (d) substitutes paragraph (f) ; and paragraph (e) substitutes the proviso.
substitutes subsection (1) (b) ; and paragraph (b) substitutes subsection (2).
7 to 12 inclusive Substitute respectively sections 74W, 79, 106, 106A, 106B, and 107 of the Magistrates' Courts Act 32 of 1944.
13 Amends section 108 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (1).
This Act shall be called the Magistrates' Courts Amendment Act, 1985.
To amend the Magistrates' Courts Act, 1944, so as to further regulate the access to and preservation of a civil summons; to empower the Minister of Justice from time to time to adjust the monetary limit in respect of certain causes of action and the punitive jurisdiction relating to fines of magistrates' courts and the courts of regional divisions; and to provide that a judgment by default shall be deemed to be a judgment of the court; and to provide for incidental matters.
1 Substitutes section 7 of the Magistrates' Courts Act 32 of 1944 . [Date of commencement of s. 1: 1 July 1989.
2 Inserts section 7A in the Magistrates' Courts Act 32 of 1944 . [Date of commencement of s. 2: 1 July 1989.
Substitutes section 29 of the Magistrates' Courts Act 32 of 1944 . [Date of commencement of s. 3: 1 January 1988.
4 Amends section 46 (2) (c) of the Magistrates' Courts Act 32 of 1944 by substituting subparagraphs (i), (ii) and (iii). [Date of commencement of s. 4: 1 January 1988.
5 Amends section 50 (1) of the Magistrates' Courts Act 32 of 1944 as follows: paragraph (a) substitutes the words preceding paragraph (a) ; and paragraph (b) substitutes paragraph (c).
[Date of commencement of s. 5: 1 January 1988.
6 Inserts section 58A in the Magistrates' Courts Act 32 of 1944.
7 Amends section 65 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (3).
[Date of commencement of s. 7: 1 January 1988.
(2). [Date of commencement of s. 8: 1 January 1988.
9 Amends section 92 (1) of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (b) . [Date of commencement of s. 9: 1 January 1988.
This Act shall be called the Magistrates' Courts Amendment Act, 1987.
Sections 1, 2, 3, 4, 5, 7, 8 and 9 shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Different dates may be determined under subsection (2) in respect of different provisions of this Act.
To amend the Magistrates' Courts Act, 1944, so as to further regulate assistance by assessors at criminal proceedings; and to provide for matters connected therewith.
substitutes subsection (1); paragraph (b) inserts subsection (2); paragraph (c) substitutes in subsection (3) the words preceding paragraph (a) ; and paragraph (d) substitutes subsection (3) (f).
Different dates may be fixed in terms of subsection (1) in respect of different districts and regional divisions as referred to in the Magistrates' Courts Act, 1944 (Act 32 of 1944).
substitutes the definition of 'court'; paragraph (c) substitutes the definition of 'court of appeal'; paragraph (d) inserts the definitions of 'district', 'family court', 'family division' and 'family magistrate'; paragraph (e) substitutes the definition of 'judicial officer'; paragraph (f) substitutes the definition of 'magistrate'; paragraph (g) inserts the definition of 'magistrate's court'; paragraph (h) substitutes the definition of 'Minister'; paragraph (i) substitutes the definition of 'practitioner'; paragraph (j) inserts the definitions of 'regional court', 'regional division', 'regional magistrate' and 'senior civil magistrate'; and paragraph (k) deletes the definitions of 'province', 'Republic' and 'territory'.
2 and 3 Substitute respectively sections 2 and 3 of the Magistrates' Courts Act 32 of 1944.
4 Amends section 4 (4) of the Magistrates' Courts Act 32 of 1944 by substituting the expression 'sheriff' for the expression 'messenger of the court'.
5 Amends section 7 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (1).
[S. 6 substituted by s. 4 of Act 18 of 1996 and repealed by s. 30 of Act 62 of 2000.
[S. 7 repealed by s. 20 of Act 104 of 1996.
8 Inserts sections 9 ter and 9 quat in the Magistrates' Courts Act 32 of 1944.
9 to 11 inclusive Substitute respectively sections 10, 11 and 12 of the Magistrates' Courts Act 32 of 1944.
12 Amends section 13 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (1).
13 Substitutes section 14 of the Magistrates' Courts Act 32 of 1944.
the expression 'deputy sheriff' for the expression 'deputy messenger of the court'. [Para. (b) substituted by s. 4 of Act 18 of 1996.
15 to 18 inclusive Substitute respectively sections 16, 17, 19 and 26 of the Magistrates' Courts Act 32 of 1944.
19 Amends section 27 of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (b).
20 Amends section 28 (1) of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes the expression 'area of jurisdiction of the court' for the expression 'district', wherever it occurs; and paragraph (b) substitutes paragraph (c) of the Afrikaans text.
21 Amends section 29 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes in subsection (1) the words preceding paragraph (a) ; and paragraph (b) adds subsections (3) and (4).
22 Substitutes section 29A of the Magistrates' Courts Act 32 of 1944.
23 Inserts section 29B in the Magistrates' Courts Act 32 of 1944.
24 Amends section 31 (2) of the Magistrates' Courts Act 32 of 1944 by substituting the expression 'sheriff' for the expression 'messenger'.
25 Amends section 32 (1) of the Magistrates' Courts Act 32 of 1944 by substituting the expressions 'area of jurisdiction' and 'sheriff' for the expressions 'district' and 'messenger', respectively.
26 Amends section 35 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (2).
27 Amends section 45 (1) of the Magistrates' Courts Act 32 of 1944 by substituting the words preceding the proviso.
28 Amends section 46 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) substitutes in subsection (2) the words preceding paragraph (a).
29 Inserts section 46A in the Magistrates' Courts Act 32 of 1944.
30 Amends section 47 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes in subsection (1) the expression 'civil court' for the expression 'magistrate's court', wherever it occurs; paragraph (b) substitutes in subsection (2), in the words preceding paragraph (a) , the expression 'civil court' for the expression 'magistrate's court'; and paragraph (c) substitutes in subsection (3) the expression 'civil court' for the expression 'magistrate's court'.
31 Amends section 50 (1) of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (b).
32 Inserts section 50A in the Magistrates' Courts Act 32 of 1944.
33 Amends section 51 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes in subsection (1) the expression 'area of jurisdiction of the court' for the expression 'district'; and paragraph (b) substitutes in subsection (2) (a) the expression 'sheriff' for the expression 'messenger'.
34 Amends section 52 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes in subsection (1) the expression 'area of jurisdiction' for the expression 'district', wherever it occurs; and paragraph (b) substitutes in subsection (3) the expression 'area of jurisdiction' for the expression 'district'.
35 Amends section 65B of the Magistrates' Courts Act 32 of 1944 by substituting the expression 'sheriff' for the expression 'messenger of the court'.
36 Amends section 65D of the Magistrates' Courts Act 32 of 1944 by substituting subsection (5).
37 Amends section 65H of the Magistrates' Courts Act 32 of 1944 by substituting the expression 'sheriff' for the expression 'messenger of the court'.
38 Amends section 65J of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes in subsection (1), in the words following upon paragraph (e) , the expression 'civil court' for the expression 'magistrate's court'; and paragraph (b) substitutes in subsection (3) the expression 'sheriff' for the expression 'messenger of the court'.
39 Amends section 65L (b) of the Magistrates' Courts Act 32 of 1944 by substituting the expression 'sheriff' for the expressions 'messenger of the court' and 'messenger'.
40 Amends section 66 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes subsection (2) (b) ; paragraph (b) substitutes subsection (6); paragraph (c) substitutes in subsection (7) the expression 'sheriff' for the expression 'messenger'; and paragraph (d) substitutes in subsection (8) the expression 'sheriff' for the expressions 'messenger of the court' and 'messenger', wherever they occur.
41 Amends section 68 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes in subsection (1) the expression 'sheriff' for the expression 'messenger'; paragraph (b) substitutes in subsection (2) the expression 'sheriff' for the expression 'messenger'; paragraph (c) substitutes in subsection (3) the expression 'sheriff' for the expression 'messenger'; paragraph (d) substitutes in subsection (4) the expression 'sheriff' for the expression 'messenger'; and paragraph (e) substitutes in subsection (5) the expression 'sheriff' for the expression 'messenger', wherever it occurs.
42 and 43 Amend respectively sections 70 and 71 of the Magistrates' Courts Act 32 of 1944 by substituting the expression 'sheriff' for the expression 'messenger'.
44 Substitutes section 71A of the Magistrates' Courts Act 32 of 1944.
[S. 44 substituted by s. 4 of Act 18 of 1996.
45 Amends section 72 (1) of the Magistrates' Courts Act 32 of 1944 by substituting the expressions 'area of jurisdiction of the court' and 'civil court' for the expressions 'district' and 'magistrate's court', respectively.
46 Amends section 74 (1) of the Magistrates' Courts Act 32 of 1944 by substituting the words following upon paragraph (b).
the expression 'credit transaction referred to in paragraph (g) ' for the expression 'hire-purchase agreement'; and paragraph (c) substitutes subsection (4) of the Afrikaans text.
[Date of commencement of s. 47: 7 January 2000.
48 Amends section 74C of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes the proviso to subsection (1) (b) (i); paragraph (b) deletes subsection (1) (b) (ii); and paragraph (c) substitutes in subsection (2) (b) the expressions 'credit transaction as defined in section 1 of the Credit Agreements Act, 1980' and 'transaction' for the expressions 'hire-purchase agreement' and 'agreement', respectively.
[Date of commencement of s. 48: 7 January 2000.
49 Amends section 74G of the Magistrates' Courts Act 32 of 1944 by substituting subsection (7).
[Date of commencement of s. 49: 7 January 2000.
50 Amends section 74H of the Magistrates' Courts Act 32 of 1944 by substituting subsection (4).
[Date of commencement of s. 50: 7 January 2000.
51 Amends section 74I (4) of the Magistrates' Courts Act 32 of 1944 by substituting the expression 'sheriff' for the expression 'messenger of the court'.
52 Amends section 74J of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes in subsection (6) the expression 'civil magistrate' for the expression 'judicial officer'; and paragraph (b) substitutes subsection (7) (b).
53 Substitutes section 74K of the Magistrates' Courts Act 32 of 1944 . [Date of commencement of s. 53: 7 January 2000.
54 Amends section 74L (2) of the Magistrates' Courts Act 32 of 1944 by substituting the expression 'civil magistrate' for the expression 'judicial officer'.
55 Amends section 74S of the Magistrates' Courts Act 32 of 1944 by substituting subsection (2).
56 Amends section 80 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (1).
57 Amends section 81 of the Magistrates' Courts Act 32 of 1944 by substituting the expression 'court' for the expression 'district'.
58 Substitutes section 89 of the Magistrates' Courts Act 32 of 1944.
59 Amends section 90 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes subsection (2) (d) ; paragraph (b) substitutes in subsection (7) the expression 'court' for the expression 'magistrate's court'; and paragraph (c) substitutes subsection (8).
60 Substitutes section 91 of the Magistrates' Courts Act 32 of 1944.
61 Amends section 92 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes subsection (1) (a) ; and paragraph (b) substitutes subsection (2).
62 Amends section 93 ter (1) of the Magistrates' Courts Act 32 of 1944 by substituting the expression 'any regional court' for the expression 'the court of a regional division'.
63 Amends section 107 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes in subsection (1) the expression 'sheriff' for the expression 'messenger'; paragraph (b) substitutes in subsection (3) in the words preceding paragraph (a) and in paragraph (a) the expression 'sheriff' for the expression 'messenger'; and paragraph (c) substitutes in subsection (4) the expression 'sheriff' for the expression 'messenger'.
64 Amends section 108 (1) of the Magistrates' Courts Act 32 of 1944 by substituting the expression 'sheriff' for the expression 'messenger'.
65 Amends section 109 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes in subsection (3) the expression 'sheriff' for the expression 'messenger of the court'; and paragraph (b) substitutes subsection (7).
[S. 66 repealed by s. 2 of Act 80 of 1997.
67 Amends section 114 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes in subsection (2) the expression 'court' for the expression 'magistrate's court'; and paragraph (b) deletes subsections (3) and (4).
68 and 69 Repeal respectively sections 115 and 115A of the Magistrates' Courts Act 32 of 1944.
Any divorce court established under section 10 of the Black Administration Act, 1927, Amendment Act, 1929 (Act 9 of 1929), shall, notwithstanding the repeal of that section by section 74, for all purposes be deemed to be a family court established under section 2 (k) of the Lower Courts Act, 1944 (Act 32 of 1944), and the area of jurisdiction of the first-mentioned court shall be deemed, subject to any amendment thereto, to constitute a family division established under section 2 (d) of the lastmentioned Act.
Any rule applicable to a divorce court referred to in subsection (1) immediately before the commencement of this section, shall, notwithstanding the repeal of section 10 mentioned in that subsection by section 74, remain in force until it is repealed or amended by any rule applicable under section 6 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), to divorce actions.
Any president of a divorce court referred to in subsection (1) shall for all purposes be deemed to be a family magistrate who has been appointed under section 9 (1) (a) (v) of the Lower Courts Act, 1944.
Any divorce action pending in the Supreme Court or a divorce court referred to in subsection (1) immediately before the commencement of section 21 (b) and this section, shall be continued and concluded as if this Act had not been passed.
72 Substitutes section 117 of the Magistrates' Courts Act 32 of 1944.
73 Substitutes the long title of the Magistrates' Courts Act 32 of 1944.
different areas in the Republic.
Act 38 of 1927 Black Administration Act, 1927 Amendment of section 12 by the substitution in subsection (4) for the expression 'magistrates court' wherever it occurs of the expression 'civil court of a district'.
Act 9 of 1929 Black Administration Act, 1927 Repeal of section 10.
' "court" or "the court" means the provincial or local division of the Supreme Court having jurisdiction or any judge thereof and, in section 45bis, includes a family court established under section 2 (k) of the Lower Courts Act, 1944 (Act 32 of 1944), or any family magistrate of such court;'.
' "district" means the area subject to the jurisdiction of a magistrate's court;'.
'Provided that such a candidate attorney shall not be entitled to appear in a regional court, civil court of a civil division or family court established under section 2 of the Lower Courts Act, 1944 (Act 32 of 1944), unless he was so admitted as an advocate or is entitled to be so admitted and-'.
' (a) the practice and procedure in the Supreme Court and in courts established under the Lower Courts Act, 1944 (Act 32 of 1944);'.
Amendment of the said Act by the substitution for the expression 'Magistrates' Courts Act' wherever it occurs in the said Act of the expression 'Lower Courts Act'.
' "court" means the provincial or local division of the Supreme Court of South Africa, or a family court established under section 2 (k) of the Lower Courts Act, 1944 (Act 32 of 1944), which has jurisdiction with respect to a divorce action;'.
'(2) Subject to the rules of court in relation to divorce actions, any divorce action which is pending in the Supreme Court may at any stage of the proceedings be referred to a family court established under section 2 (k) of the Lower Courts Act, 1944 (Act 32 of 1944), having jurisdiction if the court may deem it desirable, and the court may, in respect of such proceedings, make such order for costs as it may deem fit.'.
' "district" means a district established under section 2 (a) of the Lower Courts Act, 1944 (Act 32 of (1944);'.
by the substitution for the expression 'magistrate's court' wherever it occurs in the said Act of the expression 'civil court'.
' "court" means a provincial or local division of the Supreme Court of South Africa or a family court established under section 2 (k) of the Lower Courts Act, 1944 (Act 32 of 1944), and includes, for the purposes of section 16, a judge in chambers, and, for the purposes of section 16 (1), a lower court which has jurisdiction in the matter concerned.'.
(j) or (k) of the Lower Courts Act, 1944 (Act 32 of 1944), and 'lower courts' has a corresponding meaning;'.
Subject to the provisions of subsection (2), the provisions of this Act shall not be applicable to divorce actions adjudicated in a family court established under section 2 (k) of the Lower Courts Act, 1944 (Act 32 of 1944).
The Minister may from time to time by notice in the Gazette with effect from a date determined by him and specified in the notice, declare the provisions of this Act to be applicable to divorce actions adjudicated in one or more family courts referred to in subsection (1) and specified in such notice.'.
'(2) No regulations may be made under subsection (1) (c) or (d) except with the concurrence of the Minister of State Expenditure.'.
' "civil court" means a civil court of a district established under section 2 of the Lower Courts Act, 1944 (Act 32 of 1944);'.
by the substitution for the expression 'Magistrates' Courts Act' wherever it occurs in the said Act of the expression 'Lower Courts Act'.
'If the adjudication of an action instituted in the civil court is proceeded with in a court under the proviso to paragraph (b) of subsection (1), the record of the proceedings of the civil court shall form part of the record of that court:'.
To amend the Magistrates' Courts Act, 1944, so as to further regulate the power of a magistrates' court to pronounce on the validity of any law or conduct of the President; to amend the Magistrates' Courts Amendment Act, 1993, so as to repeal an obsolete provision; and to provide for matters connected therewith.
1 Substitutes section 110 of the Magistrates' Courts Act 32 of 1944.
2 Repeals section 66 of the Magistrates' Courts Amendment Act 120 of 1993.
This Act shall be called the Magistrates' Courts Second Amendment Act, 1997.
To amend the Magistrates' Courts Act, 1944, so as to repeal or amend certain provisions in order to bring the Act into line with a judgment of the Constitutional Court; and to provide for matters connected therewith.
2 Amends section 57 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (3).
3 Amends section 65A of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (2); paragraph (c) substitutes subsection (4); and paragraph (d) adds subsection (5) up to and including (12).
4 Repeals section 65B of the Magistrates' Courts Act 32 of 1944.
5 Substitutes section 65C of the Magistrates' Courts Act 32 of 1944.
paragraph (a) substitutes subsection (1); paragraph (b) substitutes in subsection (4) the words preceding paragraph (a) ; and paragraph (c) substitutes subsection (5).
7 Amends section 65E of the Magistrates' Courts Act 32 of 1944 by substituting subsection (6).
8 to 10 inclusive Repeal respectively sections 65F, 65G and 65H of the Magistrates' Courts Act 32 of 1944.
12 Amends section 65K of the Magistrates' Courts Act 32 of 1944 by deleting subsection (2).
13 Repeals section 65L of the Magistrates' Courts Act 32 of 1944.
14 Substitutes section 106 of the Magistrates' Courts Act 32 of 1944.
15 Amends section 109 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph (a) substitutes subsection (2); and paragraph (b) deletes subsections (3) up to and including (8).
This Act shall be called the Magistrates' Courts Amendment Act, 1997.
To amend the Magistrates' Courts Act, 1944, so as to further regulate the summoning of assessors in civil and criminal proceedings; to further regulate the procedure in the event of death, incapacity, absence or recusal of an assessor; to empower the Minister of Justice to make regulations in connection with matters pertaining to assessors; and to provide for matters connected therewith.
1 Substitutes section 34 of the Magistrates' Courts Act 32 of 1944.
2 Substitutes section 93 ter of the Magistrates' Courts Act 32 of 1944 . Date of commencement of s. 2 in so far as it substitutes sub-s. (5) and inserts sub-ss.
and (11): 20 April 2000.
3 Inserts section 93 quat in the Magistrates' Courts Act 32 of 1944.
4 Inserts Schedule 2 while the existing schedule becomes Schedule 1 in the Magistrates' Courts Act 32 of 1944.
Proceedings in which an assessor or assessors were summoned in terms of section 93 ter of the Principal Act, and which are pending at the commencement of section 2 of this Act, shall be continued and concluded as if this Act had not been passed: Provided that the provisions of section 93 ter (8) to (12) of the principal Act, as amended by this Act, shall at all relevant times be applicable in respect of such pending proceedings.
This Act is called the Magistrates' Courts Amendment Act, 1998, and shall take effect on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.1945En.2012-02-10.en.txt</fn>
In May 2004, oozing sounds of 'hoorays' and 'yeahs' filled the air, but in the midst of that unforgettable moment, only one sound made the celebrations unique to South Africans - a distinct sound of a Vuvuzela. What is a Vuvuzela and what significance does it have to South African football?
South Africa's very own public relations supreme and current Platinum Stars Public Relations Officer Putco Mafani speaks very fondly of the Vuvuzela.
Speaking to SA2010, Mafani explains Vuvuzela as a cue instrument for action in the field of play.
"South African players know when they hear the sound of a Vuvuzela, it is time for action, the players are used to it and they associate it with playing," he says.
Made from plastic and discharging a jarring sound mimicking an elephant, the Vuvuzela has over the last couple of years become the symbol of South African soccer.
The Platinum Stars Communications Manager says the Vuvuzela originates from the African Horn which was used to mark the beginning of battles and the start of celebrations.
First, the horn is an African instrument and back in the days it was in wars and is still being used to mark celebrations. Because South Africans do not have access to the animal horn that was used back then, they use the Vuvuzela and when it is blown, you are guaranteed to get a reaction from people.
"I remember back in my days at Kaizer Chiefs, I'd enter the stadium and shout "say' iVuvuzela" [blow the Vuvuzela] and immediately the fans would start blowing Vuvuzelas and that was the cue for players to start playing and it used to get the mood right," says Mafani.
Mafani says that the use of Vuvuzelas in local football has grown to also inspire song and dance at the stadiums.
"The instrument helps to inspire soccer supporters to start dancing and singing, if you look at Bloemfontein Celtic [PSL club] they have come up with creative ways of using the Vuvuzela, ways that include choreography and singing," he says.
With the 2010 Fifa World Cup fast approaching, Mafani thinks the Vuvuzela will play a major role in making the event distinctly African and says it would enhance the face of the game.
There is a place for Vuvuzelas in 2010; the event will be like no other World Cup in the World.
The use of the instrument has extended to other African countries, supporters from Ghana, Nigeria, Ivory Coast were blowing Vuvuzelas at matches during the African Cup of Nations recently, it has become an African symbol of celebrations, he says.
Orlando Pirates number 1 supporter, Mzion Mofokeng, says the love for the Vuvuzela is 'contagious' and believes that the instrument will make the 2010 World Cup a memorable one for local and international fans. He says the Vuvuzela will certainly add a whole new experience and one that will last a lifetime.
I remember when I was in Ghana for the Afcon, supporters of other countries kept on asking me about the instrument and they were very excited to see me blowing it and wanted me to show them how it is done.
Come 2010 [World Cup], those who will be visiting South Africa will be treated to a unique African sound of the Vuvuzela, says an excited Mofokeng.
Mofokeng credits the origins of the Vuvuzela to his Kaizer Chiefs counterpart Saddam Maake and says they are planning to record a Vuvuzela song together in anticipation of the 2010 World Cup.
Maake, the long-standing self-declared Kaizer Chiefs' number 1 supporter, says he and the Vuvuzela have a very long history and claims he is responsible for the instrument's use in modern football.
"I started the Vuvuzela back in 1989 and we used to call it all sorts of names, some used to call it phalaphala, trumpet and so on, but I came up with the name Vuvuzela," he says.
Maake says it is important for every football fan to learn how to blow the vuvuzela as it keeps the teams going.
Beville Bachmann of Masincedane Sport, a Cape Town-based Proudly South African sports marketing company and Vuvuzela manufacturing giant says the 2010 World Cup will not be complete without the instruments.
"The 2010 World Cup would not be reaching its full status of a truly African World Cup without the atmosphere which the Vuvuzela has created at our stadiums and other event venues."
The Vuvuzela stands out because of its in-your-face [not to mention ears] presence. This is why it is the choice of celebration by the fans and corporates for their promotions as well, he says.
Bechmann says they have produced "a few hundred thousand Vuvuzelas to date" and says they are intending producing "at least 1 million."
He says they have received numerous requests from other countries and football clubs wanting to order the Vuvuzelas.
We are constantly being asked from sources outside the country, mainly in the EU [European Union] and our African countries.
It does not really matter who claims to have started the Vuvuzela or made it famous, all that matters is the instrument has risen to be recognised as a symbol of South African football will probably be the most recognised instrument during the 2010 Fifa World Cup.
<fn>GOV-ZA.1947008En.2012-02-10.en.txt</fn>
To make provision for conferring certain powers on commissions appointed by the Governor-General for the purpose of investigating matters of public concern, and to provide for matters incidental thereto.
[Para. (a) inserted by s. 13 (a) of Act 80 of 1964.
providing generally for all matters which he considers it necessary or expedient to prescribe for the purposes of the investigation.
[Para. (b) inserted by s. 13 (a) of Act 80 of 1964 and substituted by s. 3 (a) of Act 102 of 1967.
in the case of a regulation referred to in subparagraph (iii) of the said paragraph, a fine not exceeding one thousand rand or imprisonment for a period not exceeding one year.
Sub-s. (2) added by s. 13 (b) of Act 80 of 1964 and substituted by s.
COMMISSIONS ACT 8 OF 1947 Page 2 of 3 of 1967.
Notwithstanding anything to the contrary in any other law contained, a magistrate's court shall have jurisdiction to impose any penalty prescribed by any such regulation.
[Sub-s. (3) added by s. 3 (b) of Act 102 of 1967.
A commission may sit at any place in the Union for the purpose of hearing evidence or addresses or of deliberating.
[S. 2 amended by s. 1 of Act 49 of 1996.
For the purpose of ascertaining any matter relating to the subject of its investigations, a commission shall in the Union have the powers which a Provincial Division of the Supreme Court of South Africa has within its province to summon witnesses, to cause an oath or affirmation to be administered to them, to examine them, and to call for the production of books, documents and objects.
A summons for the attendance of a witness or for the production of any book, document or object before a commission shall be signed and issued by the secretary of the commission in a form prescribed by the chairman of the commission and shall be served in the same manner as a summons for the attendance of a witness at a criminal trial in a superior court at the place where the attendance or production is to take place.
If required to do so by the chairman of a commission a witness shall, before giving evidence, take an oath or make an affirmation which oath or affirmation shall be administered by the chairman of the commission or such official of the commission or such official of the commission as the chairman may designate.
Any person who has been summoned to attend any sitting of a commission as a witness or who has given evidence before a commission shall be entitled to the same witness fees from public funds, as if he had been summoned to attend or had given evidence at a criminal trial in a superior court held at the place of such sitting, and in connection with the giving of any evidence or the production of any book or document before a commission, the law relating to privilege as applicable to a witness giving evidence or summoned to produce a book or document in such a court, shall apply.
[S. 3 amended by s. 1 of Act 49 of 1996.
All the evidence and addresses heard by a commission shall be heard in public: Provided that the chairman of the commission may, in his discretion, exclude from the place where such evidence is to be given or such address is to be delivered any class of persons or all persons whose presence at the hearing of such evidence or address is, in his opinion not necessary or desirable.
Any person who wilfully interrupts the proceedings of a commission or who wilfully hinders or obstructs a commission in the performance of its functions shall be guilty of an offence and liable on conviction to a fine not exceeding fifty pounds or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.
COMMISSIONS ACT 8 OF 1947 Page 3 of 3 document or object before a commission who, without sufficient cause (the onus of proof whereof shall rest upon him) fails to attend at the time and place specified in the summons, or to remain in attendance until the conclusion of the enquiry or until he is excused by the chairman of the commission from further attendance, or having attended, refuses to be sworn or to make affirmation as a witness after he has been required by the chairman of the commission to do so or, having been sworn or having made affirmation, fails to answer fully and satisfactorily any question lawfully put to him, or fails to produce any book, document or object in his possession or custody or under his control, which he has been summoned to produce, shall be guilty of an offence and liable on conviction to a fine not exceeding fifty pounds or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment.
Any person who after having been sworn or having made affirmation, gives false evidence before a commission on any matter, knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred pounds or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.
[S. 6A inserted by Proclamation 149 of 29 August 1980 and repealed by s. 1 of Act 49 of 1996.
This Act shall be called the Commissions Act, 1947.
<fn>GOV-ZA.194FlagshipProjects2014En.2012-02-10.en.txt</fn>
The Councillor Induction Programme (CIP) run by the South African Local Government Association (SALGA) is indeed a monumental milestone in our country's history. It comes against the backdrop of, and is testimony to, a very robust democratic local government election ever held since the advent of democracy in 1994. It also comes against the backdrop of South Africa having recently celebrated the 10th Anniversary of democratic local government in December 2010.
On May 18th 2011, yet another new chapter was scrolled in South Africa's story of a young unfolding democracy. The people of South Africa across race, class and gender, young and old, from urban to rural, came out in their multitudes, at times defiant of adverse weather conditions, to make but one bold and yet profound statement; "We are taking our future into our  own hands!!"
The Commission is tasked with the responsibility of restoring the dignity of traditional leaders and their communities by investigating and ensuring that the dignity of the institution of traditional leadership is restored. It also investigates all claims to any position of traditional leadership (King/Queen, Principal, Senior Traditional Leader and Headmen/women) including the disputes on boundaries of traditional councils.
Section 25 of the Traditional Leadership and Governance Framework Act, 2003 (Act 41 of 2003) requires the Commission to investigate and make recommendations on cases where there is doubt as to whether a kingship, principal traditional leadership, senior traditional leadership and headmanship was established in accordance with customary law and customs. The Commission is required to operate in terms of the Commission's Act of 1947 in getting the information that will make it possible to arrive to an informed decision.
PRETORIA, 09 June 2011- The Ministry for Cooperative Governance and Traditional Affairs' National Disaster Management Centre (NDMC) is closely monitoring the local disaster management centres and the joint operating centres which have been activated in four provinces to manage the current flash floods to provide assistance to people who have been affected by the recent weather system.
"We are asking all communities, especially those in flood prone areas, to carefully monitor weather developments and take all the necessary precautions as threat of above normal rainfall still looms over some regions. The NDMC is in contact with provincial and local disaster management teams on the ground to monitor the situation and give support if the need arises," said DCoG Director- General Elroy Africa.
<fn>GOV-ZA.194flagshipprojects20142En.2012-02-10.en.txt</fn>
On this day people from all walks of life are asked to dedicate 67 minutes of their time to community service and helping the needy and the Department of Rural Development and Land Reform (DRDLR) has come on board to be part of the activities.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=19954&tid=37233 Size: 3KB Collection: speeches_cm?
Chief Mandla Mandela (A!
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20097&tid=37651 Size: 5KB Speaker: T Marawu Collection: speeches_cms o Preparation of the vegetable patch o Cleaning of the hall o Preparation of the office o Preparation of [highlighted result?
<fn>GOV-ZA.194ncEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.195307En.2012-02-10.en.txt</fn>
To consolidate and amend the law relating to the execution of wills.
[Definition of 'amendment' inserted by s. 2 (a) of Act 43 of 1992.
'Court' means a provincial or local division of the Supreme Court of South Africa or any judge thereof; [Definition of 'Court' amended by s. 1 of Act 49 of 1996.
[Definition of 'deletion' inserted by s. 2 (b) of Act 43 of 1992.
'internal law' means the law of a state or territory, excluding the rules of the international private law of that state or territory; [Definition of 'internal law' inserted by s. 2 (c) of Act 43 of 1992.
'Master' means a Master, Deputy Master or Assistant Master of the Supreme Court appointed under section 2 of the Administration of Estates Act, 1965 (Act 66 of 1965); [Definition of 'Master' substituted by s. 2 (d) of Act 43 of 1992.
'sign' includes the making of initials and, only in the case of a testator, the making of a mark, and 'signature' has a corresponding meaning; [Definition of 'sign' substituted by s. 2 (e) of Act 43 of 1992.
'will' includes a codicil and any other testamentary writing.
[Sub-para. (iv) amended by s. 20 (a) of Act 80 of 1964 and substituted by s. 3 (b) of Act 43 of 1992.
[Sub-para. (v) amended by s. 1 (a) of Act 48 of 1958 and substituted by s. 20 (b) of Act 80 of 1964 and by s. 3 (c) of Act 43 of 1992.
if the testator dies after the amendment has been identified in terms of subparagraphs (i) and (iii) but before the commissioner of oaths has made the certificate concerned, the commissioner of oaths shall as soon as possible thereafter make or complete his certificate.
[Sub-para. (iv) amended by s. 1 (b) of Act 48 of 1958 and substituted by s. 3 (e) of Act 43 of 1992.
[Para. (b) amended by s. 3 (d) of Act 43 of 1992.
[Sub-s. (1) amended by s. 1 of Act 41 of 1965 and by s. 3 (a) of Act 43 of 1992.
Any amendment made in a will executed after the said date shall for the purposes of subsection (1) be presumed, unless the contrary is proved, to have been made after the will was executed.
[Sub-s. (2) substituted by s. 3 (f) of Act 43 of 1992.
If a court is satisfied that a document or the amendment of a document drafted or executed by a person who has died since the drafting or execution thereof, was intended to be his will or an amendment of his will, the court shall order the Master to accept that document, or that document as amended, for the purposes of the Administration of Estates Act, 1965 (Act 66 of 1965), as a will, although it does not comply with all the formalities for the execution or amendment of wills referred to in subsection (1).
[Sub-s. (3) added by s. 3 (g) of Act 43 of 1992.
may be in the form set out in Schedule 1 or 2, as the case may be. [Sub-s. (4) added by s. 3 (g) of Act 43 of 1992.
drafted another document or before his death caused such document to be drafted, by which he intended to revoke his will or a part of his will, the court shall declare the will or the part concerned, as the case may be, to be revoked.
[S. 2A inserted by s. 4 of Act 43 of 1992.
If any person dies within three months after his marriage was dissolved by a divorce or annulment by a competent court and that person executed a will before the date of such dissolution, that will shall be implemented in the same manner as it would have been implemented if his previous spouse had died before the date of the dissolution concerned, unless it appears from the will that the testator intended to benefit his previous spouse notwithstanding the dissolution of his marriage.
[S. 2B inserted by s. 4 of Act 43 of 1992.
If any descendant of a testator, excluding a minor or a mentally ill descendant, who, together with the surviving spouse of the testator, is entitled to a benefit in terms of a will renounces his right to receive such a benefit, such benefit shall vest in the surviving spouse.
If a descendant of the testator, whether as a member of a class or otherwise, would have been entitled to a benefit in terms of the provisions of a will if he had been alive at the time of death of the testator, or had not been disqualified from inheriting, or had not after the testator's death renounced his right to receive such a benefit, the descendants of that descendant shall, subject to the provisions of subsection (1), per stirpes be entitled to the benefit, unless the context of the will otherwise indicates.
[S. 2C inserted by s. 4 of Act 43 of 1992.
any benefit allocated to the children of a person, or to the members of a class of persons, mentioned in the will shall vest in the children of that person or those members of the class of persons who are alive at the time of the devolution of the benefit, or who have already been conceived at that time and who are later born alive.
In the application of this section 'will' means any writing by a person whereby he disposes of his property or any part thereof after his death.
[S. 2D inserted by s. 4 of Act 43 of 1992.
[S. 3 repealed by s. 5 of Act 43 of 1992.
not be invalid merely by reason of the form thereof, if it was executed on board a vessel or aircraft and such form complies with the internal law of the state or territory in which such vessel or aircraft was registered at the time of such execution, or with which it was otherwise most closely connected at that time.
Any requirement of the internal law of any other state or territory in terms of which a testator of a particular age or nationality or having any other personal qualification is to observe special formalities in the execution of a will, or a witness to a will is to possess certain qualifications, shall be construed as a requirement relating to form only.
If there are in force in any state or territory two or more systems of internal law relating to the form of wills, the internal law is to be applied for the purposes of this section shall be the internal law determined in accordance with any relevant rule in force in the state or territory in question or, if there is no such rule in force therein, the internal law with which the testator was most closely connected at the time of his death, if the matter is to be determined by reference to the circumstances prevailing at his death, or at the time of the execution of the will in any other case.
a will made by a person who died before the commencement of this section.
The provisions of this section shall not affect the validity of a will which but for such provisions would be valid.
[S. 3 bis inserted by s. 2 of Act 41 of 1965 and amended by s. 6 of Act 43 of 1992.
Every person of the age of sixteen years or more may make a will unless at the time of making the will he is mentally incapable of appreciating the nature and effect of his act, and the burden of proof that he was mentally incapable at that time shall rest on the person alleging the same.
Any person who attests and signs a will as a witness, or who signs a will in the presence and by direction of the testator, or who writes out the will or any part thereof in his own handwriting, and the person who is the spouse of such person at the time of the execution of the will, shall be disqualified from receiving any benefit from that will.
SUCCESSION Page 6 of 8 be thus disqualified from receiving a benefit from that will if the will concerned has been attested and signed by at least two other competent witnesses who will not receive any benefit from the will concerned.
For the purposes of subsections (1), and (2) (a) and (c) , the nomination in a will of a person as executor, trustee or guardian shall be regarded as a benefit to be received by such person from that will.
[S. 4A inserted by s. 7 of Act 43 of 1992.
5 and 6.
[Ss. 5 and 6 repealed by s. 8 of Act 43 of 1992.
The laws specified in Schedule 3 are hereby repealed to the extent set forth in the fourth column of the Schedule: Provided that the laws so repealed shall continue to apply in respect of any will executed before the first day of January, 1954.
[S. 7 substituted by s. 9 of Act 43 of 1992.
[S. 8 substituted by s. 21 of Act 80 of 1964 and repealed by s. 10 of Act 43 of 1992.
This Act shall be called the Wills Act, 1953, and shall come into operation on the first day of January, 1954.
[Schedule 1 inserted by s. 11 of Act 43 of 1992.
I, (full name), of (full address).
in my capacity as commissioner of oaths certify that I have satisfied myself as to the identity of the testator (full name).
and that the accompanying will is the will of the testator.
[Schedule 2 inserted by s. 11 of Act 43 of 1992.
[Schedule 3 renumbered by s. 11 of Act 43 of 1992.
To amend the Wills Act, 1953.
1 Amends section 2 of the Wills Act 7 of 1953.
[S. 2 repealed by s. 1 of Act 49 of 1996.
This Act shall be called the Wills Amendment Act, 1958.
1 Amends section 2 (1) of the Wills Act 7 of 1953 by substituting the words preceding paragraph (a).
2 Inserts section 3 bis in the Wills Act 7 of 1953.
This Act shall be called the Wills Amendment Act, 1965, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.195756En.2012-02-10.en.txt</fn>
To consolidate the laws relating to the establishment of the office of the State Attorney and matters incidental thereto.
There shall be established in Pretoria under the control of the Minister of Justice an office called the office of the State Attorney.
Branches of the State Attorney's office may from time to time and subject to like control, be established at other places in the Republic.
The office of the State Attorney for the Republic, and any branch thereof, existing at the commencement of this Act, shall be deemed to have been established under this section.
[Para. (a) substituted by s. 1 of Act 7 of 1966.
appoint a person qualified as aforesaid to be in charge of any branch of such office, and such other persons as may be necessary for the proper performance of the business of the said office or any branch thereof.
The creation, grading and classification of all posts on the establishment of the State Attorney's office and any branch thereof and the remuneration and conditions of service, including retiring benefits, of all persons occupying such posts shall be governed by the laws governing the public service.
Any person holding office as State Attorney at the commencement of this Act, and any person holding an appointment in the office of the State Attorney or in any branch thereof at such commencement, shall be deemed to have been appointed under this section.
The Minister of Justice may require any person appointed or deemed to have been appointed under this section, to carry out and exercise such powers, duties and functions, in addition to performing the functions hereinafter prescribed, as the said Minister may prescribe and as such person may be qualified to perform.
Anything to the contrary notwithstanding in any law, practice or custom in force or prevailing in any part of the Republic, the State Attorney and any person holding an appointment in the State Attorney's office, or in any branch thereof, may, notwithstanding that he is an attorney, notary or conveyancer, receive a salary in respect of all services rendered or to be rendered by him under his appointment.
The functions of the office of the State Attorney and of its branches shall be the performance in any court or in any part of the Republic of such work on behalf of the Government of the Republic as is by law, practice or custom performed by attorneys, notaries and conveyancers or by parliamentary agents: Provided that the functions in regard to his duties as parliamentary agent shall be subject to the Standing Rules of the respective Houses of Parliament.
There may also be performed at the State Attorney's office or at any of its branches like functions for or on behalf of the administration of any province, and the South African Railways and Harbours Administration, subject to such terms and conditions as may be arranged between the Minister of Justice and the Administration concerned. [Sub-s. (2) substituted by s. 2 of Act 7 of 1966 and amended by s. 1 of Act 49 of 1996.
Unless the Minister of Justice otherwise directs, there may also be performed at the State Attorney's office or at any of its branches like functions in or in connection with any matter in which the Government or such an administration as aforesaid, though not a party, is interested or concerned in, or in connection with any matter where, in the opinion of the State Attorney or of any person acting under his authority, it is in the public interest that such functions be performed at the said office or at one of its branches.
[Sub-s. (3) substituted by s. 35 of Act 93 of 1962.
The rights, privileges and duties of an attorney, notary or conveyancer lawfully performing functions described in section 3, shall, except as is specially provided by this Act, include any of the rights, privileges and duties respectively possessed by or imposed on an attorney, notary or conveyancer practising in the division of the Supreme Court of South Africa where such functions are being performed.
[S. 4 substituted by s. 3 of Act 7 of 1966.
The said functions, in so far as they are functions which by law, custom or practice can be performed by an attorney, a notary or a conveyancer only, shall be performed by an attorney, a notary or a conveyancer (as the case may be) admitted and entitled to practise in the division of the Supreme Court of South Africa where such functions are being performed.
[S. 5 substituted by s. 4 of Act 7 of 1966.
In every application, motion, action, suit or other legal proceedings of a civil nature in or before any court in or in connection with which the State Attorney, or any person employed in the State Attorney's office or a branch thereof and admitted and entitled to practise as aforesaid, has appeared, or in any matter wherein he or any such person has acted in the performance of any of the said functions, fees and costs may be taxed and recovered in the same manner as if such functions had been performed by a practitioner in private practice.
Notwithstanding anything to the contrary in any law, such fees and costs shall in the case of any such application, motion, action, suit or other legal proceedings include the amount of any stamp duty and fee of office which would have been payable and borne by the Government of the Republic (including any administration referred to in subsection (2) of section three) in respect of any document filed, lodged, registered or issued by the State Attorney or by any person employed in the State Attorney's office or any branch thereof, if such document were not exempt from such duty or fee under the provisions of any law.
Notwithstanding anything to the contrary in any law but subject to the provisions of subsection (2), any document filed, lodged, registered or issued by the State Attorney or by any person employed in the State Attorney's office or any branch thereof shall not be subject to stamp duty or any fee of office payable by means of stamps: Provided that any such duty or fee which would but for this subsection be legally payable and borne otherwise than by the Government of the Republic (including any administration referred to in subsection (2) of section three) , may be recovered from the person concerned by the State Attorney or by any person employed in the State Attorney's office or any branch thereof.
Any duty, fees and costs recovered shall be paid into the Consolidated Revenue Fund.
[S. 6 substituted by s. 36 of Act 93 of 1962.
Notwithstanding anything to the contrary in any law, practice or custom, the State Attorney and any person employed in his office and admitted and entitled to practise as aforesaid and any person nominated by him and likewise admitted and entitled to practise may, subject to the provisions of sections four and five , exercise his functions in any court in the Republic though he may have no fixed office or branch office at the place where such court sits.
The State Attorney or the person in charge of a branch of the State Attorney's office shall be entitled in the exercise of his functions aforesaid to instruct and employ as correspondent any attorney or other qualified person to act in any legal proceedings or matters in any place in the same way and, mutatis mutandis , subject to the same rules, terms and conditions as govern attorneys in private practice, and shall be entitled to receive and recover from such correspondent the same allowances as he would be entitled to do if he were an attorney in private practice.
[Sub-s. (1) substituted by s. 11 (a) of Act 129 of 1993.
bis Notwithstanding anything to the contrary in any law, the provisions of subsections (2), (3) and (4) of section six shall mutatis mutandis apply in respect of any legal proceedings or matters in which any such attorney or other person has been so instructed and employed.
[Sub-s. (1) bis inserted by s. 37 of Act 93 of 1962.
Any allowances recovered shall be paid into the Consolidated Revenue Fund, and any such correspondent shall be entitled to accept such employment and make such allowances.
The State Attorney or the person in charge of a branch of the State Attorney's office may delegate any power conferred upon him under this section to any person employed in the State Attorney's office or branch thereof, as the case may be.
[Sub-s. (3) added by s. 11 (b) of Act 129 of 1993.
the recovery of any amount which is so required to be paid, and generally for the better carrying out of the objects and purposes of this Act.
[S. 9 amended by s. 5 of Act 7 of 1966 and by s. 46 of Act 97 of 1986.
If agreed upon between the Government of the Republic and the government of any other state, the State Attorney's office or any branch thereof may perform such kind of work as is performed under this Act by the said office or any such branch on behalf of the Government of the Republic, for or on behalf of the government of that other state in any court or in any part of the Republic or in that state, subject to such conditions as may be so agreed upon.
[S. 9A inserted by s. 1 of Act 45 of 1980.
10 (1) Repeals the State Attorney Act 25 of 1925, the State Attorney Amendment Act 10 of 1955, and section 1 of the State Attorney Amendment Act 31 of 1957.
Any regulation made and any other action taken under any provision of a law repealed by subsection (1), shall be deemed to have been made or taken under the corresponding provision of this Act.
This Act shall be called the State Attorney Act, 1957.
To amend and apply the State Attorney Act, 1957, in the territory of South-West Africa and to provide for matters incidental thereto.
1 and 2 Amend respectively sections 2 and 3 of the State Attorney Act 56 of 1957 . 3 and 4 Substitute respectively sections 4 and 5 of the State Attorney Act 56 of 1957.
5 Amends section 9 of the State Attorney Act 56 of 1957 . 6 to 9 inclusive.
[Ss. 6 to 9 inclusive repealed by s. 1 of Act 49 of 1996.
This Act shall be called the State Attorney Amendment Act, 1966, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
To amend the State Attorney Act, 1957, so as to make provision for the performance under certain circumstances of work by the State Attorney's office or a branch thereof for or on behalf of the government of a foreign state; and to provide for matters connected therewith.
1 Inserts section 9A in the State Attorney Act 56 of 1957.
This Act shall be called the State Attorney Amendment Act, 1980, and shall be deemed to have come into operation on 13 September 1979.
<fn>GOV-ZA.1959059En.2012-02-10.en.txt</fn>
To consolidate and amend the laws relating to the Supreme Court of South Africa and to provide for matters incidental thereto.
'full court' , except for the purposes of section 13 (1), means a court of a provincial or local division consisting of three judges; [Definition of 'full court' substituted by s. 3 of Act 105 of 1982.
'provincial division' includes the Eastern Cape division and the Northern Cape division; [Definition of 'provincial division' substituted by s. 1 of Act 15 of 1969 and by Proclamation 222 of 6 November 1981.
'Republic' [Definition of 'Republic' substituted by Proclamation 222 of 6 November 1981 and deleted by s. 17 of Act 129 of 1993.
'Supreme Court' means the Supreme Court of South Africa.
Any reference in any law to the Eastern Districts Local Division of the Supreme Court of South Africa shall be construed as a reference to the Eastern Cape Division.
There shall be a Supreme Court of South Africa which shall consist of the several divisions mentioned in the First Schedule.
The appellate division shall consist of the Chief Justice of South Africa and so many judges of appeal as the State President may from time to time determine.
A provincial division shall consist of a judge president and, if the State President so determines, one or more deputy judges president, each with specified headquarters within the area of jurisdiction of that division, and so many judges as the State President may from time to time determine.
[Sub-s. (2) substituted by s. 1 of Act 3 of 1977 and by s. 1 of Act 87 of 1985.
[Sub-s. (3) deleted by s. 2 of Act 15 of 1969.
Any court of the Durban and Coast or the Witwatersrand or the South-Eastern Cape local division shall be presided over by a judge of the provincial division which in terms of section 6 (2) has concurrent jurisdiction in the area of the local division concerned.
[Sub-s. (4) substituted by s. 18 (1) of Act 62 of 1973.
A judge of a provincial or local division may upon the request of the Minister act as a judge of any other such division in the place of any judge of that division or in addition to the judges of that division.
The seats of the several divisions shall be in the places specified in respect of those divisions in the second column of the First Schedule.
Whenever on application made to the appellate division at Bloemfontein by a party to any appeal which is pending in that division, it appears to the said division that by reason of the existence of exceptional circumstances it is expedient to hold its sitting for the hearing of that appeal at a place elsewhere than in Bloemfontein, the said division may hold such sitting at that place accordingly.
The process of the appellate division shall run throughout the Republic, and its judgements and orders shall have force and effect in the area of jurisdiction of every other division and shall be executed in any such area in like manner as if they were original judgements or orders of that division.
[Sub-s. (1) repealed by s. 4 of Act 41 of 2001.
The provincial divisions of the Transvaal and Natal and the Eastern Cape division shall exercise concurrent jurisdiction in the areas of jurisdiction of the Witwatersrand, the Durban and Coast and the South-Eastern Cape local divisions respectively.
[Sub-s. (2) substituted by s. 3 of Act 15 of 1969 and by s. 19 (1) (a) of Act 62 of 1973.
A plaintiff residing in the area of jurisdiction of the Eastern Cape division may at all times institute an action in the court of the Cape of Good Hope provincial division against a defendant residing in that area, on any cause of action arising in that area, but no action shall be so instituted unless either the leave of the court of the Eastern Cape division or, if the South-Eastern Cape local division has jurisdiction, of the court of that local division has been obtained or the parties to the action have in writing agreed that it be instituted in the Cape of Good Hope provincial division.
[Sub-s. (3) substituted by s. 19 (1) (b) of Act 62 of 1973.
[Sub-s. (4) substituted by s. 19 (1) (c) of Act 62 of 1973, amended by ss. 46 and 47 of Act 97 of 1986 and repealed by s. 4 of Act 41 of 2001.
The judge president of a provincial division may by notice in the Gazette divide the area under the jurisdiction of that division into circuit districts, and may from time to time by like notice alter the boundaries of any such district.
[Sub-s. (1) substituted by s. 4 (a) of Act 15 of 1969.
In each such district there shall be held at least twice in every year and at such times and places as may be determined by the judge president concerned, a court which shall be presided over by a judge of the division in which that district is situated.
Any such court shall be known as the circuit local division for the district in question and shall for all purposes be deemed to be a local division.
[Sub-s. (4) deleted by s. 4 (b) of Act 15 of 1969.
Within thirty days after the termination of the sittings of any circuit local division, the registrar thereof shall, subject to any directions of the presiding judge, transmit all records in connection with the proceedings in that division to the registrar of the provincial division concerned to be filed of record as records of that division.
Any judgment, order, decree or sentence of a circuit local division, may subject to any applicable rules for the time being in force, be carried into execution by means of process of that division or of the provincial division concerned.
[S. 8 substituted by s. 5 of Act 15 of 1969.
If any civil cause, proceeding or matter has been instituted in any provincial or local division, and it is made to appear to the court concerned that the same may be more conveniently or more fitly heard or determined in another division, that court may, upon application by any party thereto and after hearing all other parties thereto, order such cause, proceeding or matter to be removed to that other division.
An order for removal under subsection (1) shall be transmitted to the registrar of the division to which the removal is ordered, and upon the receipt of such order that division may hear and determine the cause, proceeding or matter in question and shall in that event apply the practice governing the division in which it was instituted and the law according to which that division would but for the removal have heard and determined such cause, proceeding or matter.
The Chief Justice, the judges of appeal, the judges president, the deputy judges president and all other judges of the Supreme Court shall be fit and proper persons appointed by the State President under his hand and the Seal of the Republic of South Africa, and shall receive such remuneration as may be prescribed by or under the Judges' Remuneration and Conditions of Employment Act, 1989, and their remuneration shall, subject to the provisions of section 7 (4) of the said Act, not be reduced during their continuance in office: Provided that the rejection by all three Houses of Parliament of a proclamation under section 2 (3) (b) of the said Act shall for the purposes of this section be deemed not to be a reduction of such remuneration.
[Para. (a) amended by s. 1 of Act 85 of 1963 and substituted by s. 2 (a) of Act 3 of 1977 and by s. 3 of Act 98 of 1987.
An appointment under this subsection may in the case of a person holding office in an acting capacity by virtue of any appointment under subsection (3) or (4), be made with retrospective effect from the commencement of the period during which he so held office, or, where he has so held office for two or more periods which together constitute a single uninterrupted period, from the commencement of the first of such periods.
[Para. (b) added [sic] by s. 4 of Act 4 of 1991.
A deputy judge president of a provincial division may be appointed by the State President indefinitely or for such period as he may determine.
A deputy judge president of a provincial division, designated by the State President, shall act as the judge president of that division during the latter's absence, and the deputy judges president shall perform such other functions of that judge president as the judge president may assign to them.
[Para. (c) deleted by s. 1 (a) of Act 41 of 1970, added by s. 2 (b) of Act 3 of 1977, amended by s 2 of Act 87 of 1985 and added [sic] by s. 4 of Act 4 of 1991.
[Sub-s. (1) substituted by s. 16 of Act 88 of 1989.
and declare that I will in my capacity as a judge of the Supreme Court of South Africa administer justice to all persons alike without fear, favour or prejudice, and, as the circumstances of any particular case may require, in accordance with the law and customs of the Republic of South Africa.'.
Para. (a) substituted by s. 1 (b) of Act 41 of 1970 and amended by s.
Any such oath or affirmation shall be taken or made before the senior available judge of the division concerned who shall at the foot thereof endorse a statement of the fact that it was taken or made before him and of the date on which it was so taken or made and append his signature thereto.
Whenever it is for any reason expedient that a person be appointed to act as a judge in the place of any judge of that division or in addition to the judges of that division or in any vacancy in that division, the State President may appoint some fit and proper person so to act for such period as the State President may determine.
The Minister may in the circumstances mentioned in subsection (3) appoint some fit and proper person to act as provided in that subsection for any period not exceeding one month.
No person other than a judge or former judge to the Supreme Court shall be appointed to act as the Chief Justice or as a judge of appeal.
Any appointment made under this section shall be deemed to have been made also in respect of any period during which the person appointed is necessarily engaged in connection with the disposal of any proceedings in which he has taken part as a judge and which have not been disposed of at the termination of the period for which he was appointed or, having been disposed of before or after such termination, are re-opened.
The Chief Justice, a judge of appeal or any other judge of the Supreme Court shall not be removed from office except by the State President upon an address from each of the respective Houses of Parliament in the same session praying for such removal on the ground of misbehaviour or incapacity.
[Sub-s. (7) substituted by s. 1 of Act 18 of 1985.
relating to the remuneration of any judge referred to in that paragraph shall apply also in respect of a person so appointed to act in the capacity of such a judge.
No judge of the Supreme Court shall without the consent of the Minister accept, hold or perform any other office of profit or receive in respect of any service any fees, emoluments or other remuneration apart from his salary and any allowances which may be payable to him in his capacity as such a judge.
[S. 11 amended by s. 46 of Act 97 of 1986.
[Para. (b A) inserted by s. 4 (b) of Act 105 of 1982 and substituted by s. 5 of Act 62 of 2000.
whenever it appears to the Chief Justice, or in his absence, the senior available judge of the appellate division that any matter, not being an appeal referred to in paragraph (b) , should in view of its importance be heard before a court consisting of a larger number of judges, he may direct that the matter be heard, or if the matter is already being heard, that the hearing be discontinued and commenced anew before a court consisting of so many judges as he may determine.
[Sub-s. (1) substituted by s. 1 of Act 46 of 1980 and amended by s. 4 (a) of Act 105 of 1982.
The judgment of the majority of the judges of any court of the appellate division shall be the judgement of the court and where there is no judgment to which a majority of such judges agree, the hearing shall be adjourned and commenced de novo before a new court constituted in such manner as the Chief Justice or, in his absence, the senior available judge of the appellate division may determine.
If at any stage during the hearing of an appeal one or more of the judges die or retire or become otherwise incapable of acting or are absent, the hearing shall, where the remaining judges constitute a majority of the judges before whom the hearing was commenced, proceed before such remaining judges, and the judgments of a majority of such remaining judges which are in agreement shall, if that majority is also a majority of the judges before whom the hearing was commenced, be the judgment of the court, and in any other case the appeal shall be heard de novo.
No judge shall sit at the hearing of an appeal against a judgment or order given in a case which was heard before him.
During any period which may be fixed by rule of court as a vacation of the appellate division, one judge thereof shall have power and jurisdiction to hear and determine applications for leave to proceed in forma pauperis or for any interlocutory order.
[Sub-s. (5) substituted by s. 4 (c) of Act 105 of 1982.
Save as provided in this Act or any other law, the court of a provincial or local division shall, when sitting as a court of first instance for the hearing of any civil matter, be constituted before a single judge of the division concerned: Provided that the judge president or, in the absence of both the judge president and the deputy judge president, the senior available judge of any division may at any time direct that any matter be heard by a full court consisting of so many judges as he may determine.
[Para. (a) amended by s. 3 of Act 3 of 1977.
A single judge of a division may at any time discontinue the hearing of any matter which is being heard before him and refer it for hearing to the full court of that division, constituted in accordance with the proviso to paragraph (a).
[Para. (b) substituted by s. 5 (a) of Act 105 of 1982.
for the hearing of any appeal against a judgment or order of a court of a provincial or local division constituted before a single judge of such provincial or local division, be constituted before three judges.
[Para. (a) amended by Proclamation 222 of 6 November 1981 and substituted by s. 5 (b) of Act 105 of 1982.
Whenever it appears to the judge president or, in his absence, the senior available judge of any division that any matter which is being heard before a court of that division should in view of its importance be heard before a court consisting of a larger number of judges, he may direct that the hearing be discontinued and commenced anew before a court consisting of so many judges as he may determine.
For the hearing of any criminal case as a court of first instance, the court of a provincial or local division shall be constituted in the manner prescribed in the applicable law relating to procedure in criminal matters.
During any period which may by rule of court be fixed as vacation of any division, one judge thereof shall, notwithstanding anything contained in this Act or any other law, but subject to the provisions of subsection (2) (a) (ii), be competent to exercise all the powers, jurisdiction and authority of a court of such division.
[Sub-s. (5) substituted by s. 5 (c) of Act 105 of 1982.
A division may at any time sit in so many courts constituted in the manner provided in this Act as the available judges may allow.
Any court of a division shall be a court of record.
Every division shall have for use as occasion may require, a seal of such design as may in the case of each division be prescribed by the State President by proclamation in the Gazette.
Any such seal shall be kept in the custody of the registrar of the division concerned.
Save as is otherwise provided in any law, all proceedings in any court of a division shall, except in so far as any such court may in special cases otherwise direct, be carried on in open court.
Save as otherwise provided in this Act or any other law, the judgment of the majority of the judges of the full court of a provincial or local division shall be the judgment of the court, and where the judgments of a majority of the judges of any such court are not in agreement, the hearing shall be adjourned and commenced de novo before a new court constituted in such manner as the judge president or, in the absence of both the judge president and the deputy judge president, the senior available judge of the division concerned may determine.
[Sub-s. (1) substituted by s. 4 of Act 3 of 1977.
If at any stage during the hearing of any matter by a full court, any judge of such court dies or retires or is otherwise incapable of acting or is absent, the hearing shall, if the remaining judges constitute a majority of the judges before whom it was commenced, proceed before such remaining judges, and if such remaining judges do not constitute such a majority, or if only one judge remains, the hearing shall be commenced de novo , unless all the parties to the proceedings agree unconditionally in writing to accept the decision of the majority of such remaining judges or of such one remaining judge as the decision of the court.
The provisions of subsection (1) shall mutatis mutandis apply whenever in the circumstances set out in subsection (2) a hearing proceeds before two or more judges.
Whenever a judgment, decree, order or other record of the court of a division is required to be proved or inspected or referred to in any manner, a copy of such judgment, decree, order or other record duly certified as such by the registrar of that division under its seal shall be prima facie evidence thereof without proof of the authenticity of such registrar's signature.
in its discretion, and at the instance of any interested person, to enquire into and determine any existing, future or contingent right or obligation, notwithstanding that such person cannot claim any relief consequential upon the determination.
A provincial or local division shall also have jurisdiction over any person residing or being outside its area of jurisdiction who is joined as a party to any cause in relation to which such provincial or local division has jurisdiction or who in terms of a third party notice becomes a party to such a cause, if the said person resides or is within the area of jurisdiction of any other provincial or local division.
where the plaintiff is resident or domiciled within its area of jurisdiction, but the cause of action arose outside its area of jurisdiction and the property or person concerned is outside its area of jurisdiction, issue an order for attachment of property or arrest of a person to found jurisdiction regardless of where in the Republic the property or person is situated.
[Para. (c) added by s. 6 of Act 122 of 1998.
Subject to the provisions of paragraph (b) , no appeal jurisdiction or review jurisdiction under subsection (1) shall be exercised by a local division.
The Witwatersrand local division shall have power to hear and determine appeals from all inferior courts in such districts within its area of jurisdiction as the judge president of the Transvaal provincial division may from time to time determine by notice in the Gazette , and to review the proceedings of all such courts.
Any such notice may at any time be amended or withdrawn by the judge president by similar notice. [Sub-s. (2) substituted by s. 6 of Act 15 of 1969 and by s. 6 of Act 105 of 1982.
The provisions of this section shall not be constructed as in any way limiting the powers of a provincial or local division as existing at the commencement of this Act, or as depriving any such division of any jurisdiction which could lawfully be exercised by it at such commencement.
any other matter arising in such proceedings, for enquiry and report to a referee, and the court may adopt the report of any such referee, either wholly or in part, and either with or without modifications, or may remit such report for further enquiry or report or consideration by such referee, or make such other order in regard thereto as may be necessary or desirable.
Any such report or any part thereof which is adopted by the court, whether with or without modifications, shall have effect as if it were a finding by the court in the civil proceedings in question.
Any such referee shall for the purpose of such enquiry have such powers and shall conduct the enquiry in such manner as may be prescribed by a special order of court or by rules of court.
For the purpose of procuring the attendance of any witness (including any witness detained in custody under any law) and the production of any document or thing before a referee, an enquiry under this section shall be deemed to be civil proceedings.
Any person summoned to appear and give evidence or produce any document or thing before a referee, and who, without sufficient cause, fails to attend at the time and place specified or to remain in attendance until the conclusion of the enquiry or until he is excused by the referee from further attendance, or refuses to be sworn or to make affirmation as a witness, or having been sworn or having made affirmation, fails to answer fully and satisfactorily any question put to him, or fails to produce any document or thing in his possession or custody or under his control which he was summoned to produce, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.
[Para. (a) substituted by s. 2 of Act 18 of 1985 and amended by s. 19 of Act 129 of 1993.
Any person who after having been sworn or having made affirmation, gives false evidence before a referee at an enquiry, knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for perjury.
Any referee shall be entitled to such remuneration as may be prescribed by the rules of court or, if no such remuneration has been so prescribed, as the court may determine, and to any reasonable expenditure incurred by him for the purposes of the enquiry, and any such remuneration and expenditure shall be taxed by the taxing master of the court and shall be costs in the cause.
[S. 19 bis inserted by s. 40 of Act 80 of 1964.
An appeal from a judgment or order of the court of a provincial or local division in any civil proceedings or against any judgment or order of such a court given on appeal shall be heard by the appellate division or a full court, as the case may be.
[Sub-s. (1) substituted by s. 20 (a) of Act 129 of 1993.
If leave is granted under subsection (4) (b) to appeal against a judgment or order, in any civil proceedings, of a court constituted before a single judge, the court against whose judgment or order the appeal is to be made or the appellate division, according to whether leave is granted by that court or the appellate division, shall direct that the appeal be heard by a full court, unless it is satisfied that the questions of law and of fact and the other considerations involved in the appeal are of such a nature that the appeal requires the attention of the appellate division, in which case it shall be directed that the appeal be heard by the appellate division.
[Para. (a) substituted by s. 20 (b) of Act 129 of 1993.
Any direction in terms of paragraph (a) , by the court of a provincial or local division, may be set aside by the appellate division on application made to it by any interested party within 21 days, or such longer period as may on good cause be allowed, after the direction was given, and may be replaced by another direction in terms of paragraph (a).
[Para. (b) substituted by s. 20 (b) of Act 129 of 1993.
shall mutatis mutandis apply in respect thereof.
in any other case, with the leave of the court against whose judgment or order the appeal is to be made or, where such leave has been refused, with the leave of the appellate division.
Any leave required in terms of subsection (4) for an appeal against a judgment or order of a court given on appeal to it, may be granted subject to such conditions as the court concerned or the appellate division, according to whether leave is granted by that court or the appellate division, may determine, and such conditions may include a condition that the applicant shall pay the costs of the appeal.
If such leave to appeal is granted in any civil proceedings, the court granting the leave may order the applicant to find the security for the costs of the appeal in such an amount as the registrar may determine, and may fix the time within which the security is to be found.
If the leave to appeal required in terms of subsection (4) (b) has been refused by the court of a provincial or local division but is granted by the appellate division, the appellate division may vary any order as to costs made by the court concerned in refusing leave.
by one parent against the other for interim access to a child when a matrimonial action between the parents is pending or is about to be instituted.
by the full court of the said local division, if the said judge president has so directed in the particular instance.
[Sub-s. (3) amended by s. 20 (c) of Act 129 of 1993.
shall be subject to the provisions of any other law which specifically limits it or specifically grants, limits or excludes any right of appeal.
S. 20 amended by s. 2 of Act 85 of 1963, by s. 41 of Act 80 of 1964, by s.
1969 and by Proclamation 222 of 6 November 1981 and substituted by s. 7 of Act 105 of 1982.
In addition to any jurisdiction conferred upon it by this Act or any other law, the appellate division shall, subject to the provisions of this section and other law, have jurisdiction to hear and determine an appeal from any decision of the court of a provincial or local division.
The appellate division shall have the same jurisdiction to hear and determine an appeal from any decision of a supreme court or a high court of a state to which independence has been granted by law, as it has in respect of any decision of the court of a provincial or local division, and any provision of this Act or any other law or rule of court applicable in connection with any appeal from a decision of any court of any provincial or local division shall mutatis mutandis apply with reference to any appeal from a decision of a supreme court or a high court of such a state. Sub-s. (1A) inserted by s.
November 1981 and substituted by s. 21 of Act 129 of 1993.
of that subsection against which appeal is to be made, was given or after the court referred to in paragraph (b) of that subsection refused leave to appeal, as the case may be.
Sub-s. (2) amended by Proclamation 222 of 6 November 1981 and substituted by s.
of Act 105 of 1982.
An application to the appellate division under subsection (2) shall be submitted by petition addressed to the Chief Justice.
The petition shall be considered by two judges of the appellate division designated by the Chief Justice, and in the case of a difference of opinion, also by the Chief Justice or any other such judge so designated.
[Para. (b) substituted by s. 1 of Act 100 of 1987.
refer the application to the appellate division for consideration, whether upon argument or otherwise, and where an application has been so referred to the appellate division, that division may thereupon grant or refuse the application.
The decision of the majority of the judges considering the application, or the decision of the appellate division, as the case may be, to grant or refuse the application shall be final.
Notice of the date fixed for the hearing or any application under this subsection, and of the place appointed for such a hearing under paragraph (c) , shall be given to the applicant and the respondent by the registrar of the appellate division.
[Sub-s. (3) substituted by s. 8 (b) of Act 105 of 1982.
[Sub-s. (4) deleted by s. 8 (c) of Act 105 of 1982.
When at the hearing of any civil appeal to the Appellate Division or any Provincial or Local Division of the Supreme Court the issues are of such a nature that the judgment or order sought will have no practical effect or result, the appeal may be dismissed on this ground alone.
If at any time prior to the hearing of an appeal the Chief Justice or the Judge President, as the case may be, is prima facie of the view that it would be appropriate to dismiss the appeal on the grounds set out in subsection (1), he or she shall call for written representations from the respective parties as to why the appeal should not be so dismissed.
Upon receipt of the written representations or, failing which, at the expiry of the time determined for their lodging, the matter shall be referred by the Chief Justice or by the Judge President, as the case may be, to three judges of the Division concerned for their consideration.
Save under exceptional circumstances, the question whether the judgment or order would have no practical effect or result, is to be determined without reference to consideration of costs.
The provisions of subsections (2) and (3) shall apply with the necessary changes if a petition referred to in section 21 (3) is considered.
order that the appeal proceed in the ordinary course.
[S. 21A inserted by s. 22 of Act 129 of 1993 and substituted by s. 7 of Act 104 of 1996.
to confirm, amend or set aside the judgment or order which is the subject of the appeal and to give any judgment or make any order which the circumstances may require.
[S. 22 amended by s. 8 of Act 15 of 1969 and by s. 9 of Act 105 of 1982.
Whenever a decision in civil proceedings on a question of law is given by a provincial or local division which is in conflict with a decision in civil proceedings on a question of law given by any other such division, the Minister may, after consultation with the South African Law Commission, submit such conflicting decisions to the appellate division and cause the matter to be argued before that division, in order that it may determine the said question of law for the future guidance of all courts.
[S. 23 repealed by s. 3 of Act 85 of 1963 and inserted by s. 36 of Act 94 of 1974.
[Para. (b) substituted by s. 36 (1) of Act 12 of 2004.
the admission of inadmissible or incompetent evidence or the rejection of admissible or competent evidence.
[Sub-s. (1) amended by s. 9 of Act 15 of 1969 and by s. 10 of Act 105 of 1982.
Nothing in this section shall affect the provisions of any other law relating to the review of proceedings in inferior courts.
Notwithstanding anything to the contrary in any law contained, no summons or subpoena against the Chief Justice, a judge of appeal or any other judge of the Supreme Court shall in any civil action be issued out of any court except with the consent of that court: Provided that no such summons or subpoena shall be issued out of an inferior court unless the provincial division which has jurisdiction to hear and determine an appeal in a civil action from such inferior court, has consented to the issuing thereof.
Where the issuing of a summons or subpoena against a judge to appear in a civil action has been consented to, the date upon which such judge must attend court shall, in the case of a summons or subpoena against a judge of the appellate division, be determined in consultation with the Chief Justice or, in his absence, the next senior judge of that division, and in the case of a summons or subpoena against a judge of a provincial or local division, in consultation with the Judge President or, in his absence, the next senior judge of the division concerned.
[S. 25 substituted by s. 4 of Act 85 of 1963 and by s. 3 of Act 41 of 1970.
The civil process of a provincial or local division shall run throughout the Republic and may be served or executed within the jurisdiction of any division. Sub-s. (1) amended by Proclamation 222 of 6 November 1981 and by s.
Any warrant or other process for the execution of a judgment given or order issued against any association of persons corporate or unincorporate, partnership or firm may be executed by attachment of the property or assets of such association, partnership or firm.
[S. 26 substituted by s. 5 of Act 85 of 1963.
fourteen days in any other case.
[S. 27 amended by s. 6 of Act 85 of 1963.
A judgment by default may be granted and entered by the registrar in the manner and in the circumstances prescribed in the Rules made in terms of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), and a judgment so entered shall be deemed to be a judgment of the court.
[S. 27A inserted by s. 5 of Act 4 of 1991.
[Date of commencement in all Provincial Divisions except that of the Orange Free State: 21 January 1994; and in the Orange Free State Provincial Division: 1 September 1995.
No attachment of person or property to found jurisdiction shall be ordered by a court of any division against a person who is resident in the Republic.
No writ shall be issued out of any such court in or in connection with civil proceedings instituted or to be instituted for the arrest of a person residing within the Republic to secure his appearance as a defendant in those proceedings, by reason only that such person has departed or is about to depart to a place outside the jurisdiction of that court but within the Republic.
When a person residing within the Republic is a plaintiff in civil proceedings in the court of any division, the area of jurisdiction whereof does not extend to the place where he resides, he shall not by reason only of that fact be required to give security for costs in those proceedings.
A party to civil proceedings before the court of any division in which the attendance of witnesses or the production of any document or thing is required may procure the attendance of any witness or the production of any document or thing in the manner provided for in the rules of court.
Whenever any person subpoenaed to attend any civil proceedings as a witness or to produce any document or thing fails without reasonable excuse to obey the subpoena and it appears from the return of the proper officer or from evidence given under oath that the subpoena was served upon the person to whom it is directed and that his reasonable expenses calculated in accordance with the tariff framed under section 42 (1) have been paid or offered to him, or that he is evading service, or if any person who has attended in obedience to a subpoena fails to remain in attendance, the court in which the said proceedings are conducted, may issue a warrant directing that he be arrested and brought before the court at a time and place stated in the warrant or as soon thereafter as possible.
A person arrested under any such warrant may be detained thereunder before the court which issued it or in any gaol or lock-up or other place of detention or in the custody of the person who is in charge of him with a view to securing his presence as a witness or to produce any document or thing at the said proceedings: Provided that the court may release him on a recognizance with or without sureties for his appearance to give evidence or to produce any document or thing as required and for his appearance at the enquiry referred to in subsection (4).
The court may in a summary manner enquire into such person's evasion of the service of the subpoena or failure to obey the subpoena or to remain in attendance, and may, unless it is proved that such person has a reasonable excuse for such evasion or failure, sentence him to a fine or to imprisonment for a period not exceeding three months.
[Sub-s. (4) amended by s. 24 of Act 129 of 1993.
Any sentence imposed by the court under subsection (4) shall be enforced and shall be subject to appeal as if it were a sentence imposed in a criminal case.
If a person who has entered into any recognizance for his appearance to give evidence at such proceedings or to produce any document or thing or for his appearance at an enquiry referred to in subsection (4) fails so to appear, he may, apart from the forefeiture [sic] of his recognizance, be dealt with as if he had failed to obey a subpoena to attend such proceedings or appear at such enquiry.
[S. 30 amended by s. 7 of Act 85 of 1963, by Proclamation 222 of 6 November 1981 and by s. 3 of Act 18 of 1985 and substituted by s. 6 of Act 4 of 1991.
Whenever any person who appears either in obedience to a subpoena or by virtue of a warrant issued under section thirty or is present and is verbally required by the court to give evidence in any civil proceedings, refuses to be sworn or to make an affirmation, or, having been sworn or having made an affirmation, refuses to answer such questions as are put to him, or refuses or fails to produce any document or thing which he is required to produce without any just excuse for such refusal or failure, the court may adjourn the proceedings for any period not exceeding eight days and may, in the meantime, by warrant commit the person so refusing or failing to gaol unless he sooner consents to do what is required of him.
If any person referred to in subsection (1) again refuses at the resumed hearing of the proceedings to do what is so required of him, the court may again adjourn the proceedings and commit him for a like period and so again from time to time until such person consents to do what is required of him.
Nothing in this section contained shall prevent the court from giving judgment in any case or otherwise disposing of the proceedings according to any other sufficient evidence taken.
No person shall be bound to produce any document or thing not specified or otherwise sufficiently described in the subpoena unless he actually has it in court.
that the compelling of his attendance would be an abuse of the process of the court, the court may, notwithstanding anything in this section contained, after reasonable notice by the registrar to the party who sued out of the subpoena and after hearing that party in chambers if he appears, make an order cancelling such subpoena.
The court of a provincial or local division may in connection with any civil proceedings pending before it, order that the evidence of a person who resides or is for the time being outside the area of jurisdiction of that court be taken by means of interrogatories.
Whenever an order is made under subsection (1), the registrar of the court shall certify that fact and transmit a copy of his certificate to a commissioner of the court, together with any interrogatories duly and lawfully framed which it is desired to put to the said person and the fees and the amount of the expenses payable to the said person for his appearance as hereinafter provided.
Sub-s. (2) amended by Proclamation 222 of 6 November 1981 and by s.
129 of 1993.
Upon receipt of the certificate aforesaid and of the interrogatories and amounts aforesaid, the commissioner shall summon the said person to appear before him, and upon his appearance shall take his evidence as if he was a witness in a civil case in the said court, and shall put to him the interrogatories aforesaid with any other questions calculated to obtain full and true answers to the said interrogatories and shall take down or cause to be taken down the evidence so obtained, and shall transmit the same, certified as correct, to the registrar of the court wherein the civil proceedings in question are pending.
Sub-s. (3) amended by Proclamation 222 of 6 November 1981 and substituted by s.
of Act 129 of 1993.
The commissioner shall further transmit to the said registrar a certificate showing the amount paid to the person concerned in respect of the expenses of his appearance, and the cost of the issue and service of the process for summoning such person before him.
Any person summoned to appear as in this section provided who without reasonable excuse fails to appear at the time and place mentioned in the summons, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.
[Sub-s. (5) amended by s. 8 of Act 85 of 1963, substituted by s. 4 of Act 18 of 1985 and amended by s. 25 (c) of Act 129 of 1993.
Any interrogatories taken and certified under the provisions of this section, shall, subject to all lawful exceptions, be received as evidence in the civil proceedings aforesaid.
Whenever a commission rogatoire or letter of request in connection with any civil proceedings received from any State or territory or court outside the Republic, is transmitted to the registrar of a provincial or local division by the Director-General: Justice, together with a translation in English or Afrikaans if the original is in any other language, and an intimation that the Minister considers it desirable that effect should be given thereto without requiring an application to be made to such division by the agents, if any, of the parties to the action or matter, the registrar shall submit the same to a judge in chambers in order to give effect to such commission rogatoire or letter of request.
[Sub-s. (1) substituted by s. 36 of Act 75 of 1996.
Whenever a request for the service on a person in the Republic of any civil process or citation received from a state, territory or court outside the Republic, is transmitted to the registrar of a provincial or local division by the Director-General: Justice, together with a translation in English or Afrikaans if the original is in any other language, and in intimation that the Minister considers it desirable that effect should be given thereto, the registrar shall cause service of the said process or citation to be effected in accordance with the rules of court by the sheriff or a deputy-sheriff or any person specially appointed thereto by a judge of the division concerned.
The registrar concerned shall, after effect has been given to any such commission rogatoire , letter of request, process or citation, return all relevant documents, duly verified in accordance with the rules of court, to the Director-General: Justice for transmission.
Except where the Minister otherwise directs, no fees other than disbursements shall be recovered from any state, territory or court on whose behalf any service such as is referred to in this section has been performed.
The Minister may, subject to the laws governing the public service, appoint for the Supreme Court registrars, assistant registrars and other officers whenever they may be required for the administration of justice or the execution of the powers and authorities of the said court.
[Para. (a) substituted by s. 64 (1) of Act 90 of 1986.
Whenever by reason of absence or incapacity a registrar or assistant registrar is unable to carry out the functions of his office, or his office becomes vacant, the Minister may authorize any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled.
[Para. (b) substituted by s. 64 (1) of Act 90 of 1986 and amended by s. 35 (1) Act 47 of 1997.
[Para. (c) deleted by s. 64 (1) of Act 90 of 1986.
Any officer in the public service appointed under subsection (1) may hold simultaneously more than one of the offices mentioned in that subsection.
to (6) inclusive [Sub-ss. (3) to (6) inclusive deleted by s. 64 (1) of Act 90 of 1986.
The Minister may delegate to an officer in the Department of Justice any of the powers vested in him by this section. [Sub-s. (7) substituted by s. 9 of Act 85 of 1963.
[S. 34A inserted by s. 3 of Act 53 of 1983 and repealed by s. 64 (1) of Act 90 of 1986.
[S. 35 repealed by s. 64 (1) of Act 90 of 1986.
The sheriff or a deputy-sheriff shall execute all sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the court directed to the sheriff and shall, subject to the rules made in terms of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), make return of the manner of execution thereof to the court and to the party at whose instance they were issued.
[Sub-s. (1) substituted by s. 64 (1) of Act 90 of 1986 and by s. 26 (a) of Act 129 of 1993.
The return of the sheriff or a deputy-sheriff of what has been done upon any process of the court, shall be prima facie evidence of the matters therein stated. Sub-s. (2) amended by Proclamation 222 of 6 November 1981 and substituted by s.
of Act 90 of 1986.
The sheriff shall receive and cause to be detained all persons arrested by order of the court or committed to his custody by competent authority.
Sub-s. (3) amended by Proclamation 222 of 6 November 1981 and by s.
A refusal by the sheriff or any deputy-sheriff to do any act which he is by law empowered to do, shall be subject to review by the court on application ex parte or on notice as the circumstances may require.
37 and 38.
[Ss. 37 and 38 repealed by s. 64 (1) of Act 90 of 1986.
[Para. (b) amended by s. 10 of Act 85 of 1963 and substituted by s. 5 (a) of Act 18 of 1985 and by s. 27 (a) of Act 129 of 1993.
[Para. (c) amended by s. 10 of Act 85 of 1963 and substituted by s. 5 (b) of Act 18 of 1985 and by s. 27 (a) of Act 129 of 1993.
[Para. (e) amended by s. 10 of Act 85 of 1963 and substituted by s. 5 (c) of Act 18 of 1985 and by s. 27 (b) of Act 129 of 1993.
[Para. (f) amended by s. 10 of Act 85 of 1963 and substituted by s. 5 (d) of Act 18 of 1985 and by s. 27 (b) of Act 129 of 1993.
Provided that the court may in exceptional circumstances and on such conditions as it may determine, in its discretion increase the amount specified in paragraph (b) , (c) , (e) or (f).
[S. 39 amended by s. 5 (e) of Act 18 of 1985.
obstructs a sheriff or deputy-sheriff in the execution of his duty; shall be guilty of an offence and liable on conviction to a fine or in default of payment to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine.
[Para. (c) substituted by s. 64 (1) of Act 90 of 1986.
[Para. (d) substituted by s. 64 (1) of Act 90 of 1986.
[S. 40 substituted by s. 4 of Act 41 of 1970 and amended by s. 6 of Act 18 of 1985 and by s. 28 of Act 129 of 1993.
[Para. (a) amended by Proclamation 222 of 6 November 1981.
a telegram from any judicial or police officer, registrar, assistant registrar, sheriff, deputy-sheriff or clerk of the court stating that a warrant or writ has been issued for the apprehension or arrest of any person required to appear in or to answer any civil suit, action or proceeding, shall be a sufficient authority to any officer by law authorized to execute any such warrant or writ for the arrest and detention of such person until a sufficient time, not exceeding fourteen days, has elapsed to allow of the transmission of the warrant or writ to the place where such person has been arrested or detained, unless the discharge of such person be previously ordered by a judge of the Supreme Court: Provided that any such judge may upon cause shown order the further detention of any such person for a period to be stated in such order, but not exceeding twenty-eight days from the date of the arrest of such person.
[Para. (b) amended by Proclamation 222 of 6 November 1981.
[S. 41 amended by s. 29 of Act 129 of 1993.
The Minister may in consultation with the Minister of Finance from time to time by notice in the Gazette prescribe a tariff of allowances which shall be paid to a witness in civil proceedings or to any person who is to accompany any such witness on account of the youth or infirmity due to old age or any other infirmity of such witness.
Such notice may differentiate between persons according to the distances which they have to travel to attend the court to which they are summoned or subpoenaed, or according to their professions, callings or occupations, or between different classes of persons, and may empower such officers in the service of the State as may be specified therein, to order payment of allowances in accordance with a higher tariff than the tariff so prescribed, in cases where payment of allowances in accordance with the lastmentioned tariff may cause undue hardship.
[Date of commencement of sub-s. (3): 1 November 1970.
[S. 42 substituted by s. 14 of Act 102 of 1967.
[Sub-s. (1) amended by s. 46 of Act 97 of 1986 and deleted by s. 5 (1) of Act 77 of 1989.
[Para. (a) amended by s. 46 of Act 97 of 1986 and deleted by s. 11 (a) of Act 107 of 1985.
the extension or reduction as local circumstances may require of any period within which any act is in terms of the rules made under paragraph (a) required to be performed.
[Para. (c) deleted by s. 10 of Act 15 of 1969.
[Sub-s. (2) substituted by s. 11 (a) of Act 85 of 1963.
Sub-s. (3) amended by s. 39 of Act 93 of 1962, substituted by s. 11 (b) of Act 85 of 1963, amended by s. 42 of Act 80 of 1964, by s.
222 of 6 November 1981 and deleted by s. 11 (b) of Act 107 of 1985.
Different rules may be made in respect of different divisions.
Any rules made under any law repealed by this Act and in force at the commencement thereof, shall, subject to the provisions of this Act, and notwithstanding the repeal of that law by section forty-six of this Act, remain in full force and effect until amended or repealed under this section.
The appellate division and the several provincial and local divisions of the Supreme Court of South Africa, as existing immediately before the commencement of this Act, shall remain in existence as the corresponding divisions referred to in the First Schedule, and any circuit local division established under any law repealed by this Act and in existence immediately before such commencement shall be deemed to have been duly established under this Act.
[S. 44 amended by Proclamation 222 of 6 November 1981.
[S. 45 amended by s. 5 of Act 41 of 1970 and deleted by Proclamation 222 of 6 November 1981.
Subject to the provisions of section forty-four and subsections (2) and (3) of this section, the laws mentioned in the Second Schedule are hereby repealed to the extent set out in the fourth column of that Schedule.
Any appointment made under or declared to remain in existence by any law repealed by subsection (1) and any security given or anything done in connection with or by virtue of any such appointment shall remain of full force and effect, and any condition or provision which immediately before the commencement of this Act applied in relation to any person by virtue of any such law, shall continue to apply as if that law had not been repealed.
Anything done under any provision of a law repealed by subsection (1), shall be deemed to have been done under the corresponding provision of this Act.
This Act shall be called the Supreme Court Act, 1959, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
[First Schedule amended by s. 15 of Act 102 of 1967, substituted by s. 11 of Act 15 of 1969 and amended by s. 9 of Act 92 of 1970, by s. 20 (1) of Act 62 of 1973, by Proc 100 of 1977, by Proc R203 of 1977, by Proc R183 of 1980, by Proc 222 of 1981, by Proc R126 of 1984, by GN R2840 of 1989, by GN R282 of 1994, by GN R1454 of 1994 and by GN R1475 of 1999 and repealed by s. 4 of Act 41 of 2001 *.
Appellate Division of the Supreme Bloemfontein The Republic.
The province of the Cape of Good Hope excluding those portions over which the Eastern Cape and Northern Cape divisions exercise jurisdiction.
Middelburg, Hanover and Colesburg.
Richmond, Taung, Victoria West, Vryburg and Warrenton.
The province of KwaZulu-Natal.
The province of the Orange Free State.
Africa, 1993 (Act 200 of 1993).
The magisterial districts of Alfred, Port Shepstone, Umzinto, Umlazi, Ubumbulu, Durban, Pinetown, Chatsworth, Inanda, Ndwedwe, Mapumulo, Lower Tugela, Mtunzini, Eshowe, Nkandhla, Entonjaneni, Lower Umfolozi, Mahlabatini, Hlabisa, Nongoma, Ubombo and Ingwavuma icncluding the areas of Pongola and Simdlangentsha, as described in Schedule 1 to the repealed Constitution of the Republic of South Africa, 1993 (Act 200 of 1993). In civil matters: The magisterial districts of Alberton, Benoni, Boksburg, Brakpan, Delmas, Germiston, Johannesburg, Kempton Park, Krugersdorp, Nigel, Randburg, Randfontein, Roodepoort, Springs, Vanderbijlpark, Vereeniging and Westonaria.
In criminal matters: The magisterial districts of Alberton, Boksburg, Germiston, Johannesburg, Kempton Park, Krugersdorp, Randburg, Randfontein, Roodepoort and Westonaria.
[Second Schedule amended by s. 40 (1) of Act 93 of 1962.
To amend the Supreme Court Act, 1959.
1 and 2 Amend respectively sections 10 and 20 of the Supreme Court Act 59 of 1959.
3 Repeals section 23 of the Supreme Court Act 59 of 1959.
4 and 5 Substitute respectively sections 25 and 26 of the Supreme Court Act 59 of 1959.
6 to 11 inclusive Amend respectively the following sections of the Supreme Court Act 59 of 1959 : 27, 30, 32, 34, 39, 43.
The principal Act is hereby amended by the substitution for the word 'Governor-General' wherever it occurs of the words 'State President' and for the word 'Union' wherever it occurs of the word 'Republic'.
Section three of the South-West Africa Affairs Act, 1922, is hereby repealed in so far as it relates to the attendance of witnesses in any civil action in the South-West Africa division of the Supreme Court of South Africa.
This Act shall be called the Supreme Court Amendment Act, 1963, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
To amend the Supreme Court Act, 1959, to provide for the deletion of the provision that a judge of the South-West Africa Division shall be appointed only after consultation with the Administrator of the territory of South-West Africa; to delete the reference to a judge of the South-West Africa Division in the oath of office of judges; to extend the jurisdiction of provincial and local divisions in respect of persons; to regulate further the issuing of process against judges; to increase the penal provisions for offences relating to execution; to delete the provision that expenditure incurred in connection with the South-West Africa Division shall be paid out of the revenue fund of the territory of South-West Africa; and to provide for incidental matters.
1 Amends section 10 of the Supreme Court Act 59 of 1959 , as follows: paragraph (a) deletes subsection (1) (c) ; and paragraph (b) substitutes subsection (2) (a).
2 Amends section 19 of the Supreme Court Act 59 of 1959 by substituting subsection (1).
3 and 4 Substitute respectively sections 25 and 40 of the Supreme Court Act 59 of 1959.
5 Amends section 45 of the Supreme Court Act 59 of 1959 by deleting subsection (3).
This Act shall be called the Supreme Court Amendment Act, 1970.
To amend the Supreme Court Act, 1959, so as to provide for the custody and disposal of records and minutes of evidence and of the proceedings in courts of the provincial and local divisions of the Supreme Court of South Africa.
1 Amends section 43 (3) of the Supreme Court Act 59 of 1959 by substituting paragraph (o).
This Act shall be called the Supreme Court Amendment Act, 1976.
To amend the Supreme Court Act, 1959, so as to provide for the appointment of deputy judges president of provincial divisions of the Supreme Court of South Africa and for matters connected therewith.
1 Amends section 3 of the Supreme Court Act 59 of 1959 by substituting subsection (2).
substitutes paragraph (a) ; and paragraph (b) adds paragraph (c).
3 Amends section 13 (1) (a) of the Supreme Court Act 59 of 1959 by substituting the proviso.
4 Amends section 17 of the Supreme Court Act 59 of 1959 by substituting subsection (1).
This Act shall be called the Supreme Court Amendment Act, 1977.
To amend the Supreme Court Act, 1959, so as to provide for appeals to the appellate division of the Supreme Court of South Africa from a supreme court or a high court of a state to which independence has been granted by law; and to provide for matters connected therewith.
1 Amends section 21 of the Supreme Court Act 59 of 1959 by inserting subsection (1A).
2 Repeals the Appeals from the Supreme Court of Transkei Act 62 of 1976.
This Act shall be called the Second Supreme Court Amendment Act, 1977.
To amend the Supreme Court Act, 1959, to change the quorum of the appellate division in certain matters; and to provide for matters incidental thereto.
1 Amends section 12 of the Supreme Court Act 59 of 1959 by substituting subsection (1).
This Act shall be called the Supreme Court Amendment Act, 1980.
To amend the Supreme Court Act, 1959, so as to provide, in consequence of the provisions of the new Constitution, for the submission of a certain address to the State President by each of the respective Houses of Parliament; to increase certain fines; to increase the extent of the exemptions relating to those classes of property which are to a limited extent exempt from execution; and to substitute a certain official title; and to provide for incidental matters.
1 Amends section 10 of the Supreme Court Act 59 of 1959 by substituting subsection (7).
2 Amends section 19 bis (5) of the Supreme Court Act 59 of 1959 by substituting paragraph (a).
3 Amends section 30 of the Supreme Court Act 59 of 1959 by substituting subsection (4).
4 Amends section 32 of the Supreme Court Act 59 of 1959 by substituting subsection (5).
5 Amends section 39 of the Supreme Court Act 59 of 1959 , as follows: paragraph (a) substitutes paragraph (b) ; paragraph (b) substitutes paragraph (c) ; paragraph (c) substitutes paragraph (e) ; paragraph (d) substitutes paragraph (f) ; and paragraph (e) substitutes the proviso.
6 Amends section 40 of the Supreme Court Act 59 of 1959 by substituting the words following upon paragraph (d).
The principal Act is hereby amended by the substitution for the expression 'Secretary for Justice', wherever it occurs, of the expression 'Director-General: Justice'.
This Act shall be called the Supreme Court Amendment Act, 1985.
To amend the Supreme Court Act, 1959, so as to make provision for the appointment of more than one deputy judge president in respect of any provincial division of the Supreme Court; and to provide for matters connected therewith.
2 Amends section 10 (1) (c) of the Supreme Court Act 59 of 1959 by substituting subparagraph (ii).
This Act shall be called the Supreme Court Second Amendment Act, 1985.
To amend the Supreme Court Act, 1959, so as to further regulate the consideration of an application for leave to appeal; and to provide for matters connected therewith.
1 Amends section 21 (3) of the Supreme Court Act 59 of 1959 by substituting paragraph (b).
This Act shall be called the Supreme Court Amendment Act, 1987.
<fn>GOV-ZA.195958En.2012-02-10.en.txt</fn>
To provide for the holding of inquests in cases of deaths or alleged deaths apparently occurring from other than natural causes and for matters incidental thereto, and to repeal the Fire Inquests Act, 1883 (Cape of Good Hope) and the Fire Inquests Law, 1884 (Natal).
[Definition of 'incident' inserted by s. 1 (a) of Act 45 of 1990.
'judicial officer' means a judge of the Supreme Court of South Africa, a regional magistrate or a magistrate; [Definition of 'judicial officer' inserted by s. 1 (a) of Act 45 of 1990.
'magistrate' includes an additional magistrate and an assistant magistrate, but not a regional magistrate; [Definition of 'magistrate' substituted by s. 1 (b) of Act 45 of 1990.
'regional magistrate' means a magistrate appointed under section 9 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), to the court for a regional division; [Definition of 'regional magistrate' inserted by s. 1 (c) of Act 45 of 1990.
'this Act' includes any regulation made thereunder.
Any person who has reason to believe that any other person has died and that death was due to other than natural causes, shall as soon as possible report accordingly to a policeman, unless he has reason to believe that a report has been or will be made by any other person.
shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000. [Sub-s. (2) amended by s. 2 of Act 45 of 1990.
If the body of a person who has allegedly died from other than natural causes is available, it shall be examined by the district surgeon or any other medical practitioner, who may, if he deems it necessary for the purpose of ascertaining with greater certainty the cause of death, make or cause to be made an examination of any internal organ or any part or any of the contents of the body, or of any other substance or thing.
report or cause to be reported the death or alleged death to the magistrate of the district concerned, or to a person designated by that magistrate.
[Sub-s. (1) substituted by s. 1 (a) of Act 8 of 1991.
[Sub-s. (2) substituted by s. 1 (b) of Act 8 of 1991.
a body or any part, internal organ or any of the contents of a body so removed therefrom may be removed to any place.
A body which has already been interred may, with the written permission of the magistrate or the attorney-general within whose area of jurisdiction it has been interred, be disinterred for the purpose of any examination mentioned in subsection (2).
any other medical practitioner nominated by any person who satisfies the magistrate within whose area of jurisdiction such examination takes place, that he has a substantial and peculiar interest in the issue of the examination, shall be present without the consent of such magistrate or the medical practitioner conducting the examination.
Any person who contravenes the provisions of subsection (5), or who hinders or obstructs a medical practitioner, a policeman or any person acting on the instructions of a medical practitioner or policeman in carrying out his powers or duties under this section, shall be guilty of an offence and liable on conviction to a fine not exceeding R2 000 or in default of payment to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine.
[Sub-s. (6) amended by s. 3 of Act 45 of 1990.
The policeman investigating the circumstances of the death or alleged death of any person shall submit a report thereon, together with all relevant statements, documents and information, to the public prosecutor, who may, if he deems it necessary, call for any additional information regarding the death.
If criminal proceedings are not instituted in connection with the death, or alleged death, the public prosecutor referred to in section 4 shall submit those statements, documents and information submitted to him to the magistrate of the district concerned.
If on the information submitted to him in terms of subsection (1) it appears to the magistrate that a death has occurred and that such death was not due to natural causes, he shall, subject to the directions of the Minister, take such steps as may be necessary to ensure that an inquest as to the circumstances and cause of the death is held by a judicial officer in terms of section 6: Provided that no inquest in respect of which it is alleged that either the death or the incident has occurred outside the Republic shall be held unless the Minister, or any person authorized thereto by him, so directs.
[Sub-s. (2) substituted by s. 2 of Act 8 of 1991.
If an inquest has to be held by a judicial officer other than the magistrate to whom the statements, documents and information concerned were submitted such magistrate shall transmit them to the judicial officer who is to hold such inquest as to the circumstances and cause of the death.
[S. 5 substituted by s. 4 of Act 45 of 1990.
where the Minister has so requested a judge president of a provincial division of the Supreme Court, by any judge of the Supreme Court of South Africa designated by the judge president concerned, and notwithstanding anything to the contrary in any law contained, such inquest may be held at any place from time to time determined by such judge.
S. 6 substituted by s. 14 of Act 29 of 1974, by s. 1 of Act 52 of 1983 and by s.
45 of 1990.
Where more than one death has occurred, the attorney-general or the public prosecutor within whose area of jurisdiction or district the incident is alleged to have occurred may request the judicial officer who is to hold an inquest to hold a joint inquest into the deaths of the persons involved.
After the hearing of the request referred to in subsection (1) the judicial officer may order that a joint inquest shall be held if he is of the opinion that the deaths concerned are connected.
The Minister may, if he deems it expedient in the interests of the efficient administration of justice, order that a joint inquest into multiple deaths, whether or not they occurred during the same incident, but which are connected, shall be held at a place designated by him.
The Minister may issue an order referred to in subsection (3) in respect of deaths which have occurred in the same district or in more than one district.
[S. 6A inserted by s. 6 of Act 45 of 1990.
Except in cases where the spouse or a near adult relative of the alleged deceased person is being subpoenaed as a witness, the judicial officer who is to hold an inquest shall cause reasonable notice thereof to be given to such spouse or relative, provided the spouse or relative is available and the giving of such notice will not, in the opinion of the judicial officer, unduly delay the holding of the inquest.
[S. 7 substituted by s. 7 of Act 45 of 1990.
The judicial officer who is to hold or holds an inquest may, of his own accord or at the request of any person who has a substantial and peculiar interest in the issue of the inquest, cause to be subpoenaed any person to give evidence or to produce any document or thing at the inquest: Provided that the said judicial officer shall, if so requested by the attorney-general within whose area of jurisdiction the inquest is to be held or is being held, cause persons or any particular person to be subpoenaed to give oral evidence in general or in respect of any particular matter at the inquest.
[Sub-s. (1) substituted by s. 3 of Act 8 of 1991.
Save as is otherwise provided in this Act, the laws governing criminal trials shall mutatis mutandis apply to securing the attendance of witnesses at an inquest, their examination, the recording of evidence given by them, the payment of allowances to them and the production of documents and things.
[S. 8 substituted by s. 8 of Act 45 of 1990.
A judge may of his own accord, and a regional magistrate or a magistrate may with the approval of the Minister or any person acting under the authority of the Minister, summon to his assistance any person who has, or any two persons who have, in his opinion, experience in the administration of justice or skill in any matter which may have to be considered at an inquest, to sit with him at an inquest as assessor or assessors.
Before the commencement of an inquest, an assessor shall take an oath or make an affirmation, which shall be administered by the judicial officer, that he will, on the evidence placed before him, make a true finding in terms of section 16.
summon any person to his assistance in the place of the said assessor, in which case the judicial officer may cause any person who has already given evidence at the inquest to be subpoenaed to give evidence as if he had not previously so given evidence.
[Sub-s. (3) amended by s. 4 of Act 8 of 1991.
If any such assessor is not a person in the full-time employment of the State, he shall be entitled to such compensation in respect of expenses incurred by him in connection with his attendance at the inquest, and in respect of his services as assessor, as he would be entitled to receive if he were an assessor acting at a criminal trial.
[S. 9 substituted by s. 1 of Act 65 of 1979 and by s. 9 of Act 45 of 1990.
Unless the giving of oral evidence is dispensed with under this Act or the judicial officer concerned directs otherwise under subsection (2), an inquest shall be held in public.
the presence of any particular person is not desirable, that judicial officer may direct that members of the public in general or of any particular category, or that particular person, shall not be present at the inquest or any part thereof.
If it appears to the judicial officer who holds an inquest that the safety of any person may be endangered if he testifies at the inquest, that judicial officer may direct that the identity of that person shall not be revealed, or that it shall not be revealed for such period or except on such conditions as that judicial officer may determine.
Any person who fails to comply with a direction under subsection (2) or (3) shall be guilty of an offence and liable on conviction to a fine not exceeding R4 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
[S. 10 substituted by s. 10 of Act 45 of 1990 and by s. 5 of Act 8 of 1991.
The public prosecutor or any person designated by the judicial officer who is holding or is to hold an inquest to act in his stead may examine any witness giving evidence at such inquest.
Any other person who satisfies the judicial officer that he has a substantial and peculiar interest in the issue of the inquest may personally or by counsel or attorney put such questions to a witness giving evidence at the inquest as the judicial officer may allow.
[S. 11 substituted by s. 11 of Act 45 of 1990.
An inquest may, if it is necessary or expedient, be adjourned at any time.
An inquest commenced by any judicial officer who through absence, death or incapacity becomes unable to continue such inquest, may, subject to the provisions of section 6, be continued by any other judicial officer as if the inquest had been commenced by such other judicial officer, who may cause any person who has already given evidence at the inquest to be subpoenaed to give evidence as if he had not before so given evidence.
[S. 12 substituted by s. 12 of Act 45 of 1990.
any other circumstance which should in the opinion of that judicial officer be taken into account, is of the opinion that any such statement, or any certified copy thereof, should be admitted in the interests of justice.
The judicial officer may in his discretion cause the person who made such statement to be subpoenaed to give oral evidence at the inquest or may cause written interrogatories to be submitted to him for reply, and such interrogatories and any reply thereto purporting to be a reply from such person shall likewise be admissible in evidence at the inquest.
Any person who in any statement in writing under oath or affirmation contemplated in this section makes a false statement knowing it to be false or without reasonable grounds (the onus of proof of which shall be on him) for believing it to be true, shall be guilty of an offence and liable on conviction to the penalties which may in law be imposed for perjury.
[S. 13 substituted by s. 13 of Act 45 of 1990 and by s. 6 of Act 8 of 1991.
Upon production by any person, any document purporting to be a copy of the record of any inquiry referred to in subsection (1) of section 23 and purporting to be certified as a true copy of such record by any person describing himself as the holder of a public office, shall at the discretion of the judicial officer holding an inquest in respect of the death which was the subject of such inquiry, be admissible in evidence at the inquest.
[S. 14 substituted by s. 14 of Act 45 of 1990.
Whenever in the course of any inquest proceedings it appears to the judicial officer holding the inquest that the examination of a witness is necessary and that the attendance of such witness cannot be procured without such delay, expense or inconvenience as would in the circumstances be unreasonable, the judicial officer may dispense with such attendance and may appoint a person to be a commissioner to take the evidence of such witness within the Republic in regard to such matters or facts as the judicial officer may indicate, and thereupon the provisions of section 171 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall mutatis mutandis apply.
[Sub-s. (1) substituted by s. 15 of Act 45 of 1990 and by s. 36 of Act 75 of 1996.
Any person mentioned in subsection (2) of section eleven may appear before the person so appointed by counsel or attorney or in person and may examine the said witness.
The evidence recorded in terms of this section shall be admissible in evidence at the inquest.
If in the case of an inquest where the body of the person concerned is alleged to have been destroyed or where no body has been found or recovered, the evidence proves beyond a reasonable doubt that a death has occurred, the judicial officer holding such inquest shall record a finding accordingly, and thereupon the provisions of subsection (2) shall apply.
If the judicial officer is unable to record any such finding, he shall record that fact.
as to whether the death was brought about by any act or omission prima facie involving or amounting to an offence on the part of any person.
[Para. (d) substituted by s. 7 of Act 8 of 1991.
[S. 16 substituted by s. 16 of Act 45 of 1990.
[Para. (b) substituted by s. 8 (a) of Act 8 of 1991.
if requested to do so by the attorney-general within whose area of jurisdiction the inquest was held, cause the record of the proceedings to be submitted to such attorney-general.
If the attorney-general at any time after the receipt of the record so requests, the judicial officer shall re-open the inquest and take further evidence generally or in respect of any particular matter or cause an examination or further examination of a dead body or of any part, internal organ or any of the contents thereof to be made and, if necessary, cause such body to be disinterred for the purpose of the examination, and the provisions of section 3 (3) shall apply to such examination.
The provisions of section 16 shall mutatis mutandis apply in respect of any inquest re-opened in terms of subsection (2).
The judicial officer who held such inquest shall cause the record of the proceedings to be submitted to the attorney-general concerned. [Sub-s. (3) added by s. 8 (b) of Act 8 of 1991.
[S. 17 substituted by s. 1 of Act 46 of 1977 and by s. 17 of Act 45 of 1990.
The Minister may, on the recommendation of the attorney-general concerned, at any time after the determination of an inquest and if he deems it necessary in the interest of justice, request a judge president of a provincial division of the Supreme Court to designate any judge of the Supreme Court of South Africa to re-open that inquest, whereupon the judge thus designated shall re-open such inquest.
An inquest referred to in subsection (1) shall, subject to the provisions of this Act, as far as possible be continued and disposed of by the judge so designated on the existing record of the proceedings, and the provisions of section 17 (2) shall, in so far as they are not contrary to the provisions of this section, apply mutatis mutandis to such an inquest.
shall cause the record of the proceedings to be submitted to the attorney-general concerned.
[S. 17A inserted by s. 1 of Act 145 of 1992.
Whenever a regional magistrate or magistrate has in the case of an inquest referred to in subsection (1) of section 16 recorded a finding in regard to the matters mentioned in that subsection and in paragraphs (a) and (c) of subsection (2) of that section, such regional magistrate or magistrate shall submit the record of such inquest, together with any comment which he may wish to make, to any provincial or local division of the Supreme Court of South Africa having jurisdiction in the area wherein the inquest was held, for review by the court or a judge thereof.
[Sub-s. (1) substituted by s. 2 of Act 46 of 1977 and by s. 18 (a) of Act 45 of 1990.
Such finding, if confirmed on such review, or, if corrected on review, as so corrected, shall have the same effect as if it were an order granted by such court or such judge that the death of the deceased person concerned should be presumed in accordance with such finding.
Whenever a judicial officer who is a judge of the Supreme Court of South Africa has in the case of an inquest referred to in section 16 (1) recorded a finding in regard to the matters mentioned in that subsection and in section 16 (2) (a) and (c) , such finding shall have the same effect as if it were an order issued by a provincial or local division of the Supreme Court of South Africa having jurisdiction in the area wherein the inquest was held, that the death of the deceased concerned is presumed in accordance with that finding.
[Sub-s. (2A) inserted by s. 18 (b) of Act 45 of 1990.
Nothing in this Act contained shall affect the right of any person to apply to any competent court for an order that the death of any person should be presumed, or the right of any competent court or any judge thereof to grant any such order.
When the record of any inquest which has been submitted under section 17 to an attorney-general or under section 18 to a court is no longer required by such attorneygeneral or court for the purposes of this Act, it shall be returned to the magistrate of the district in which the inquest was held.
[Sub-s. (1) substituted by s. 19 of Act 45 of 1990.
Such record shall be deemed to form part of the records of the magistrate's court of the district wherein the inquest was held.
Any person who wilfully insults a judicial officer or assessor during his sitting at an inquest, or a clerk or other officer of the court present at the inquest, or wilfully interrupts the proceedings of the inquest or otherwise misbehaves himself in the place where the inquest is being held, shall, in addition to the judicial officer having him removed and detained until after the termination of the sitting, be liable to be sentenced summarily or upon summons to a fine not exceeding R2 000 or in default of payment to imprisonment for a period not exceeding six months, or to such imprisonment without the option of a fine.
In any case in which a magistrate commits or fines any person under subsection (1), the magistrate shall without delay transmit to the registrar of the provincial or local division of the Supreme Court of South Africa having jurisdiction in the area wherein the inquest was held, for the consideration and review of a judge in chambers, a statement, certified to be true and correct, of the grounds and reasons for his proceedings.
Any person who at an inquest gives false evidence knowing it to be false, or not knowing or believing it to be true, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for perjury.
R2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[S. 20 amended by s. 2 of Act 65 of 1979 and substituted by s. 20 of Act 45 of 1990.
Nothing in this Act contained shall be construed as preventing the institution of criminal proceedings against any person, or as preventing any person authorized thereto from issuing a warrant for the arrest of or arresting any person, in connection with any death, whether or not an inquest has commenced in respect of such death.
Whenever it comes to the knowledge of the judicial officer who is holding or is to hold the inquest that criminal proceedings are being or to be instituted in connection with any death in respect of which inquest proceedings may have been instituted, he shall stop such inquest proceedings.
[Sub-s. (2) substituted by s. 21 of Act 45 of 1990.
The Minister may make regulations prescribing forms to be used for the purposes of this Act and generally for the better carrying out of the objects and purposes of this Act.
Nothing in this Act contained shall be construed as affecting the provisions of section eighty-six of the Correctional Services Act, 1959 or of any other law prescribing an inquiry into an accident attended with loss of human life.
[Sub-s. (1) amended by s. 4 of Act 18 of 1996.
Any such enquiry may be held jointly with an inquest under this Act.
Notwithstanding anything to the contrary in any other law contained, the judicial officer shall preside at, and the provisions of this Act shall mutatis mutandis apply to, any such joint inquest and inquiry, but any report required to be made in terms of any other law shall be so made.
[Sub-s. (3) substituted by s. 22 of Act 45 of 1990.
The Fire Inquests Act, 1883 (Act 33 of 1883), of the Cape of Good Hope, the Fire Inquests Law, 1884 (Law 5 of 1884), of Natal, the Inquests Proclamation, 1920 (Proclamation 9 of 1920), of the territory of South-West Africa, the Inquests Amendment Proclamation, 1940 (Proclamation 32 of 1940), of the said territory and the Inquests Act, 1919 (Act 12 of 1919), are hereby repealed: Provided that the said laws shall continue to apply in respect of any inquest or fire inquest, as the case may be, which at the commencement of this Act has already commenced thereunder or for the holding of which any steps have already been taken thereunder at the commencement of this Act.
[S. 25 repealed by s. 23 of Act 45 of 1990.
This Act shall be called the Inquests Act, 1959, and shall come into operation on a date to be fixed by the Governor-General by proclamation in the Gazette.
To amend the Inquests Act, 1959, so as to further regulate the submission of records of inquests to attorneys-general and provincial or local divisions of the Supreme Court of South Africa, and the re-opening of inquests.
1 Substitutes section 17 of the Inquests Act 58 of 1959.
2 Amends section 18 of the Inquests Act 58 of 1959 by substituting subsection (1).
[S. 3 repealed by s. 1 of Act 49 of 1996.
This Act shall be called the Inquests Amendment Act, 1977.
To amend the Inquests Act, 1959, in order to extend the provisions relating to the appointment, functions and compensation of assessors; and to prohibit persons from prejudicing, influencing or anticipating the proceedings or findings at inquests; and to provide for incidental matters.
1 Substitutes section 9 of the Inquests Act 58 of 1959.
2 Amends section 20 of the Inquests Act 58 of 1959 by adding subsection (3).
This Act shall be called the Inquests Amendment Act, 1979.
To amend the Inquests Act, 1959, so as to further regulate the power of a magistrate to hold an inquest; and to provide for matters connected therewith.
1 Substitutes section 6 of the Inquests Act 58 of 1959.
This Act shall be called the Inquests Amendment Act, 1983, and shall be deemed to have come into operation on 1 February 1982.
To amend the Inquests Act, 1959, so as to insert or replace certain definitions; to increase certain fines; to further regulate the holding of inquests; to provide that an inquest may also be held by a judge or regional magistrate; to make provision for a joint inquest in certain cases; and to rectify or delete obsolete expressions; and to provide for matters connected therewith.
1 Amends section 1 of the Inquests Act 58 of 1959 , as follows: paragraph (a) inserts the definitions of 'incident' and 'judicial officer'; paragraph (b) substitutes the definition of 'magistrate'; and paragraph (c) inserts the definition of 'regional magistrate'.
2 Amends section 2 (2) of the Inquests Act 58 of 1959 by substituting the expression 'R1 000' for the expression 'fifty pounds'.
3 Amends section 3 (6) of the Inquests Act 58 of 1959 by substituting the expression 'R2 000' for the expression 'one hundred pounds'.
4 and 5 Substitute respectively sections 5 and 6 of the Inquests Act 58 of 1959.
6 Inserts section 6A in the Inquests Act 58 of 1959.
7 to 14 inclusive Substitute respectively sections 7 to 14 inclusive of the Inquests Act 58 of 1959.
15 Amends section 15 of the Inquests Act 58 of 1959 by substituting subsection (1).
16 and 17 Substitute respectively sections 16 and 17 of the Inquests Act 58 of 1959.
18 Amends section 18 of the Inquests Act 58 of 1959 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) inserts subsection (2A).
19 Amends section 19 of the Inquests Act 58 of 1959 by substituting subsection (1).
20 Substitutes section 20 of the Inquests Act 58 of 1959.
21 Amends section 21 of the Inquests Act 58 of 1959 by substituting subsection (2).
22 Amends section 23 of the Inquests Act 58 of 1959 by substituting subsection (3).
23 Repeals section 25 of the Inquests Act 58 of 1959.
Any inquest commenced with immediately prior to the commencement of this Act, shall be proceeded with as if this Act had not been passed.
This Act shall be called the Inquests Amendment Act, 1990, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
To amend the Inquests Act, 1959, so as to further regulate the investigation of the circumstances of certain deaths; to make further provision in connection with the holding of inquests; to further regulate the summoning of witnesses; to extend the power of judicial officers in connection with assessors; to further regulate the exclusion of members of the public; to make other provision in respect of the admissibility of statements; to further define a certain finding; and to make further provision in connection with the re-opening of certain inquests; to amend the Dissolution of Marriages on Presumption of Death Act, 1979, so as to effect a consequential amendment; and to provide for matters connected therewith.
1 Amends section 3 of the Inquests Act 58 of 1959 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (2).
2 Amends section 5 of the Inquests Act 58 of 1959 by substituting subsection (2). [Date of commencement of s. 2: 1 March 1993.
3 Amends section 8 of the Inquests Act 58 of 1959 by substituting subsection (1).
4 Amends section 9 (3) of the Inquests Act 58 of 1959 by adding the proviso.
5 and 6 Substitute respectively sections 10 and 13 of the Inquests Act 58 of 1959.
8 Amends section 17 of the Inquests Act 58 of 1959 , as follows: paragraph (a) substitutes subsection (1) (b) ; and paragraph (b) adds subsection (3).
9 Substitutes section 2 of the Dissolution of Marriages on Presumption of Death Act 23 of 1979.
This Act shall be called the Inquests Amendment Act, 1991, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
To amend the Inquests Act, 1959, so as to make further provision for the reopening of an inquest; and to provide for matters connected therewith.
1 Inserts section 17A in the Inquests Act 58 of 1959.
This Act shall apply to all inquests, whether an inquest was determined before or after the commencement of this Act.
This Act shall be called the Inquests Amendment Act, 1992.
<fn>GOV-ZA.195fsEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2005/05091211151005.
My first public appearance after I was appointed as the Deputy Minister of the National Department of Public Works was when I officially handed over the R15 million, Mangaung Police Station to Minister Charles Nqakula at Bloemfontein in June 2004.
URL: http://www.info.gov.za/speeches/2006/06032210451004.
URL: http://www.info.gov.za/speeches/2006/06081113151003.
At the same forum, government presented its framework entitled the Expanded Public Works Programme or EPWP in short. EPWP is an initiative of government to create jobs, develop skills, improve our communities and take the marginalised poor people out of the spiral of poverty.
URL: http://www.info.gov.za/speeches/2004/04081708151006.
URL: http://www.info.gov.za/speeches/2004/04111008451001.
<fn>GOV-ZA.1963016En.2012-02-10.en.txt</fn>
To consolidate and amend the laws relating to the appointment, powers and duties of justices of the peace and commissioners of oaths, and to provide for matters incidental thereto.
JUSTICES OF THE PEACE (ss 1-4) 1.
[S. 1 repealed by s. 1 of Act 21 of 1967, inserted by s. 1 of Act 55 of 1970 and repealed by s. 1 of Act 49 of 1996.
The Minister of Justice (hereinafter referred to as the Minister) or any officer of the Department of Justice with the rank of director, or an equivalent or higher rank, delegated thereto in writing by the Minister may, subject to the provisions of subsection (2), appoint for any magisterial district so many justices of the peace as the Minister or the delegated officer may deem fit. [Sub-s. (1) substituted by s. 1 of Act 26 of 1999.
A member of a body referred to in section 2 of the Electoral Act, 1993 (Act 202 of 1993), shall not hold the office of justice of the peace. [Sub-s. (2) amended by s. 4 of Act 18 of 1996.
Any person who has been nominated as a candidate for the National Assembly, the Senate or a provincial legislature contemplated in the Electoral Act, 1993 shall not, while he is thus nominated, exercise or carry out any of the powers or duties attaching to the office of justice of the peace and referred to in section 3.
[Sub-s. (3) amended by s. 4 of Act 18 of 1996.
Any justice of the peace appointed in terms of subsection (1) shall hold office during the Minister's pleasure or until he is precluded by subsection (2) from holding office as a justice of the peace.
[S. 2 amended by s. 1 of Act 8 of 1965 and by s. 2 of Act 21 of 1967 and substituted by s. 1 of Act 36 of 1986.
render all assistance possible in suppressing disorder or disturbance in such magisterial district, and shall further have such other powers and perform such other duties as the Minister may lawfully confer or impose upon him.
[S. 3 substituted by s. 3 of Act 21 of 1967.
The holder of any office specified in the First Schedule shall be a justice of the peace for the Republic and shall possess all such powers and perform all such duties as are conferred or imposed on justices of the peace by any law.
[S. 4 substituted by s. 43 of Act 80 of 1964.
The Minister or any officer of the Department of Justice with the rank of director, or an equivalent or higher rank, delegated thereto in writing by the Minister may appoint any person as a commissioner of oaths for any area fixed by the Minister or the delegated officer.
[Sub-s. (1) substituted by s. 2 of Act 26 of 1999.
Any commissioner of oaths so appointed shall hold office during the Minister's pleasure.
The Minister may, by notice in the Gazette , designate the holder of any office as a commissioner of oaths for any area specified in such notice, and may in like manner withdraw or amend any such notice.
Any commissioner of oaths may, within the area for which he is a commissioner of oaths, administer an oath or affirmation to or take a solemn or attested declaration from any person: Provided that he shall not administer an oath or affirmation or take a solemn or attested declaration in respect of any matter in relation to which he is in terms of any regulation made under section ten prohibited from administering an oath or affirmation or taking a solemn or attested declaration, or if he has reason to believe that the person in question is unwilling to make an oath or affirmation or such a declaration.
The Minister may, by notice in the Gazette , declare that the holder of any office in any country outside the Republic shall in the country in which or at the place at which he holds such office, have the powers conferred by section seven upon a commissioner of oaths, and may in like manner withdraw or amend any such notice.
Any person appointed as a commissioner of the Supreme Court of South Africa shall for the purpose of the exercise of his powers or the performance of his duties as such commissioner have, at any place outside the Republic, the powers conferred by section seven upon a commissioner of oaths.
If any person referred to in subsection (1) administers an oath or affirmation to take a solemn or attested declaration from any person, he shall authenticate the affidavit or declaration in question by affixing thereto the seal or impressing thereon the stamp used by him in connection with his office or, if he possesses no such seal or stamp, certifying thereon under his signature to that effect.
Any affidavit, affirmation or solemn or attested declaration purporting to have been made before a person referred to in subsection (1) and to be authenticated in accordance with the provisions of subsection (2), may, on its mere production, be admitted in evidence in any court or received in any public office.
Any affidavit, affirmation or solemn or attested declaration made before a person referred to in subsection (1) and authenticated in accordance with the provisions of subsection (2), shall be as effectual as if made in the Republic before a commissioner of oaths.
Any court in the Republic shall have jurisdiction to try any person on a charge of having contravened section nine in relation to any affidavit or declaration made outside the Republic before a person referred to in subsection (1), and for all purposes incidental to or consequential upon the trial of the offence, the offence shall be deemed to have been committed within the area of jurisdiction of the court so trying any person.
Any person who, in an affidavit, affirmation or solemn or attested declaration made before a person competent to administer an oath or affirmation or take the declaration in question, has made a false statement knowing it to be false, shall be guilty of an offence and liable upon conviction to the penalties prescribed by law for the offence of perjury.
prescribing the circumstances under which commissioners of oaths shall be prohibited from administering an oath or affirmation or taking a solemn or attested declaration, and generally for the better carrying out of the objects and purposes of this Act. [Sub-s. (1) amended by s. 46 of Act 97 of 1986.
A differing scale of fees may in terms of paragraph (a) of subsection (1) be prescribed in respect of different areas, and different regulations may in terms of paragraph (c) of the said subsection be made in relation to different commissioners of oaths or in relation to commissioners of oaths of different classes.
Subject to the provisions of subsections (2) and (4), the laws specified in the Second Schedule are hereby repealed to the extent set out in the third column of that Schedule.
[Sub-s. (1) substituted by s. 4 (a) of Act 21 of 1967.
Any appointment made under or declared to remain in existence by any law repealed by subsection (1), and any appointment equated by such law to an appointment made thereunder, and anything done in connection with or by virtue of any such appointment shall remain in full force and effect, and any condition or provision which immediately before the commencement of this Act applied in relation to any person by virtue of any such law, shall continue so to apply as if that law had not been repealed.
[Sub-s. (3) deleted by s. 4 (b) of Act 21 of 1967.
Anything done under any provision of a law repealed by subsection (1), shall be deemed to have been done under the corresponding provision of this Act, if any.
[S. 11A inserted by s. 2 of Act 55 of 1970 and repealed by s. 1 of Act 49 of 1996.
This Act shall be called the Justices of the Peace and Commissioners of Oaths Act, 1963, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
[First Schedule amended by s. 44 of Act 80 of 1964, substituted by s. 5 of Act 21 of 1967 and amended by s. 3 of Act 55 of 1970, by s. 12 of Act 33 of 1974, by s. 1 of Act 110 of 1984, by s. 2 of Act 36 of 1986, by s. 4 of Act 18 of 1996 and by s. 8 of Act 104 of 1996.
Any office mentioned in Column 2 of Schedule 1 to the Public Service Act, 1994 (Proclamation 103 of 1994), any office of Deputy Director-General, Chief Director, Director, Deputy Director or Assistant Director of a department referred to in Column 1 of that Schedule and any office in a department so referred to which corresponds with any of the said offices.
Chief State Law Adviser, Deputy Chief State Law Adviser, Senior State Law Adviser and State Law Adviser in the permanent service of the State.
Secretary, Deputy Secretary, Under Secretary or Assistant Secretary to Parliament and the heads of the following sections, namely- Legislation and Proceedings; Committees; Hansard; Administration; Library.
Chief of the South African National Defence Force and Commissioned Officer of the Permanent Force of the South African National Defence Force and, while he or she renders any service, undergoes any training or performs any duty in pursuance of the Defence Act, 1957 (Act 44 of 1957), a commissioned officer of the part-time reserve component of the South African National Defence Force.
Attorney-General, Deputy Attorney-General, Senior State Advocate and State Advocate.
Commissioned Officer of the South African Police Service.
Commissioned Officer of the Department of Correctional Services.
Registrar of any division of the Supreme Court of South Africa.
Magistrate, Additional Magistrate and Assistant Magistrate.
To amend the Justices of the Peace and Commissioners of Oaths Act, 1963.
1 Amends section 2 of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963.
This Act shall be called the Justices of the Peace and Commissioners of Oaths Amendment Act, 1965.
To repeal section 1 of the Justices of the Peace and Commissioners of Oaths Act, 1963; to amend section 2 of that Act in order to provide that justices of the peace be appointed for magisterial districts and not for wards; to amend section 3 of that Act in order to exclude the powers and duties of field-cornets and assistant field-cornets from the powers and duties of justices of the peace; to substitute the First Schedule to that Act in order to extend the offices, the holders of which are ex officio justices of the peace; to repeal certain laws; and to provide for matters incidental thereto.
1 Repeals section 1 of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963.
2 Amends section 2 of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963.
3 Substitutes section 3 of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963.
4 Amends section 11 of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963.
5 Substitutes the First Schedule to the Justices of the Peace and Commissioners of Oaths Act 16 of 1963.
Any justice of the peace appointed or deemed to have been appointed under the provisions of the principal Act shall, as from the commencement of this Act, be deemed to have been appointed as justice of the peace for the magisterial district in which the ward for which he has been or is deemed to have been so appointed, is situated.
The Ordinance for creating Justices of the Peace in this Colony, 1827, (Ordinance 32 of 1827 of the Cape), the Ordinance for regulating the duties and remuneration of Fieldcornets, 1848 (Ordinance 9 of 1848 of the Cape), the Ordinance for creating Justices of the Peace within the District of Natal, 1846 (Ordinance 6 of 1846 of Natal), The Justices of the Peace Ordinance, 1902 (Ordinance 6 of 1902 of the Orange Free State), and the resolution of the 1st December, 1898, article 1870, of the 'Eerste Volksraad' of Transvaal are, in so far as those Ordinances and resolution are unrepealed, hereby repealed.
This Act shall be called the Justices of the Peace and Commissioners of Oaths Amendment Act, 1967.
To amend the Justices of the Peace and Commissioners of Oaths Act, 1963, so as to apply that Act to the territory of South-West Africa; and to provide for incidental matters.
1 and 2 Insert respectively sections 1 and 11A in the Justices of the Peace and Commissioners of the Oaths Act 16 of 1963.
3 Amends the First Schedule to the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 by adding the words 'Chief Native Commissioner, Assistant Chief Native Commissioner, Native Commissioner, Additional Native Commissioner and Assistant Native Commissioner'.
[S. 4 repealed by s. 1 of Act 49 of 1996.
This Act shall be called the Justices of the Peace and Commissioners of Oaths Amendment Act, 1970, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
[Schedule repealed by s. 1 of Act 49 of 1996.
Parliament in accordance with the new designation of those sections.
1 Amends the First Schedule to the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 by substituting the third item.
This Act shall be called the Justices of the Peace and Commissioners of Oaths and Amendment Act, 1984.
To amend the Justices of the Peace and Commissioners of Oaths Act, 1963, so as to exclude the members of certain bodies from the Office of justice of the peace; to alter the references in the First Schedule to the Act to certain offices in accordance with the new designations of those offices; and to include certain other offices in that Schedule; and to make provision for matters connected therewith.
1 Substitutes section 2 of the Justices of the Peace and Commissioners of Oaths Act 16 of 1963.
2 Amends the First Schedule to the Justices of the Peace and Commissioners of Oaths Act 16 of 1963 , as follows: paragraph (a) substitutes the first paragraph; and paragraph (b) substitutes the second paragraph.
Any person who has been duly appointed as a justice of the peace but who by virtue of the provisions of this Act becomes incompetent, as from the date of commencement of those provisions, to hold the office of justice of the peace, shall notwithstanding that fact remain competent to complete any proceedings in which he took part as a justice of the peace immediately prior to that date and which have at that date not been completed.
This Act shall be called the Justices of the Peace and Commissioners of Oaths Amendment Act, 1986.
<fn>GOV-ZA.1963080En.2012-02-10.en.txt</fn>
To consolidate and amend the laws relating to the reciprocal enforcement of maintenance orders made in the Republic, and proclaimed countries, and to provide for incidental matters.
[Long title substituted by s. 7 of Act 40 of 1970 and amended by s. 1 of Act 49 of 1996.
'maintenance court' means any maintenance court as defined in section 1 of the Maintenance Act, 1998; [Definition of 'maintenance court' substituted by s. 45 (1) of Act 99 of 1998.
[Definition of 'maintenance order' substituted by s. 45 (1) of Act 99 of 1998.
'Republic' [Definition of 'Republic' added by s. 1 of Act 40 of 1970 and deleted by s. 1 of Act 49 of 1996.
Definition of 'territory' added by s. 1 of Act 40 of 1970 and deleted by s.
This Act shall apply in respect of any country or territory designated by the Minister by notice in the Gazette.
[Sub-s. (1) substituted by s. 56 of Act 70 of 1968 and amended by ss. 46 and 47 of Act 97 of 1986.
The Minister may by like notice withdraw any such notice. [Sub-s. (2) amended by ss. 46 and 47 of Act 97 of 1986.
Whenever a certified copy of a maintenance order made before or after the commencement of this Act, against any person by any court in a proclaimed country is transmitted to the Minister through diplomatic channels by any authority of such country recognized for the purpose by the Minister, the Minister or any person acting under his authority shall transmit a copy of the order to a maintenance court, and the order shall, on receipt thereof, be registered by that court in the prescribed manner.
[S. 3 substituted by s. 2 of Act 40 of 1970.
Upon receipt of a certified copy of a provisional maintenance order made by a court in a proclaimed country, together with the depositions of witnesses and a statement of the grounds on which the order might have been opposed, the Minister or any person acting under his authority shall transmit the documents concerned to the maintenance officer of a maintenance court, whereupon such maintenance officer shall institute an enquiry in such maintenance court with a view to confirmation of such order and may for that purpose cause any person, including any person legally liable to maintain any other person, to be summoned to appear before such maintenance court and give evidence or produce any book, document or statement, including, in the case of a person so liable, a statement giving full particulars of his earnings signed by his employer.
Any person to be summoned as a witness shall be summoned in the manner in which a person may be subpoenaed to appear before a magistrate's court in a criminal trial.
On appeal such division may make such order in the matter as it may deem fit.
at any time, on good cause shown, make an order varying or discharging an order made by it under this section.
mutatis mutandis apply in respect of any enquiry held under this section. [Sub-s. (5) substituted by s. 45 (1) of Act 99 of 1998.
Any sum of money payable in terms of a maintenance order registered under section 3 or confirmed under section 4 shall be deemed to be payable to the clerk of the maintenance court designated from time to time by the maintenance court where such order has been so registered or confirmed.
The person required to make payment in terms of such maintenance order shall be informed in the prescribed manner which clerk of the maintenance court has been designated under subsection (1).
[S. 5 substituted by s. 3 of Act 40 of 1970.
Any maintenance order registered under section 3 or confirmed under section 4 shall for the purposes of sections 16 (2) to (4), 31, 38 and 40 of the Maintenance Act, 1998, be deemed to be a maintenance order made under that Act by the maintenance court where the order has been so registered or confirmed: Provided that in a prosecution for a contravention of the said section 31 in respect of an order registered under section 3, the provisions of section 41 of the said Act shall not apply.
[S. 6 substituted by s. 45 (1) of Act 99 of 1998.
Whenever it appears to any court in the Republic that any person against whom it has, before or after the commencement of this Act, made a maintenance order, is resident in a proclaimed country, that court shall transmit to the Minister a certified copy of the order for transmission through diplomatic channels to an authority of such country recognized for the purpose by the Minister.
[S. 7 substituted by s. 4 of Act 40 of 1970.
Notwithstanding anything to the contrary in any law contained, an enquiry may be held under the Maintenance Act, 1998, in the absence of any person resident in a proclaimed country who may be legally liable to maintain any person in the Republic, provided the evidence of all witnesses at the enquiry is read over to and signed by them.
[Sub-s. (1) substituted by s. 45 (1) of Act 99 of 1998.
The court holding the enquiry may make a provisional maintenance order only, against the person so resident and shall, with a view to confirmation of the provisional maintenance order, forward to the Minister for transmission through diplomatic channels to an authority of the proclaimed country recognized for the purpose by the Minister, a certified copy of the order together with the depositions of witnesses, a statement of the grounds on which the order might have been opposed and such information as may be available for the identification and location of the person against whom the order has been made.
If the court before which the provisional maintenance order has come for confirmation remits the case for further evidence, the maintenance court shall proceed with the enquiry as if no provisional order had been made and may take into consideration the contents of depositions of witnesses in the court before which such order has come for confirmation.
Upon confirmation of a provisional maintenance order in terms of this section, it shall be deemed to be an order made under paragraph (a) or (b) of section 16 (1) of the Maintenance Act, 1998, as the case may be, by the court which made the provisional order.
[Sub-s. (4) substituted by s. 45 (1) of Act 99 of 1998.
as to any matter which may in terms of this Act be prescribed.
Subject to the provisions of subsection (2), the laws specified in the Schedule are hereby repealed to the extent indicated in the third column thereof.
Any order registered or confirmed or anything done under any provision of any law repealed by subsection (1), shall be deemed to have been registered or confirmed or done under the corresponding provisions of this Act.
Any country or territory in respect of which the provisions of the Maintenance Orders Act, 1923 (Act 15 of 1923), applied immediately prior to the commencement of this Act, shall be deemed to be a proclaimed country.
[S. 10A inserted by s. 6 of Act 40 of 1970 and repealed by s. 1 of Act 49 of 1996.
This Act shall be called the Reciprocal Enforcement of Maintenance Orders Act, 1963, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
To amend the provisions of the Reciprocal Enforcement of Maintenance Orders Act, 1963, relating to the registration of maintenance orders made in proclaimed countries, the payment of maintenance moneys and the transmission to proclaimed countries of maintenance orders and provisional maintenance orders made in the Republic; to apply the said Act to the territory of South-West Africa; and to provide for incidental matters.
1 Amends section 1 of the Reciprocal Enforcement of Maintenance Orders Act 80 of 1963 by adding the definitions of 'Republic' and 'territory'.
2 to 4 inclusive Substitute respectively sections 3, 5 and 7 of the Reciprocal Enforcement of Maintenance Orders Act 80 of 1963.
5 Amends section 8 of the Reciprocal Enforcement of Maintenance Orders Act 80 of 1963 by substituting subsection (2).
6 Inserts section 10A in the Reciprocal Enforcement of Maintenance Orders Act 80 of 1963.
7 Substitutes the long title of the Reciprocal Enforcement of Maintenance Orders Act 80 of 1963.
[S. 8 repealed by s. 1 of Act 49 of 1996.
This Act shall be called the Reciprocal Enforcement of Maintenance Orders Amendment Act, 1970, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.1964074En.2012-02-10.en.txt</fn>
To provide for the admission of persons to practise as advocates of the Supreme Court of South Africa and for matters incidental thereto.
'matriculation examination' [Definition of 'matriculation examination' inserted by s. 1 (a) of Act 106 of 1991 and deleted by s. 1 (a) of Act 55 of 1994.
[Definition of 'Republic' deleted by s. 1 (b) of Act 55 of 1994.
'special course' Definition of 'special course' inserted by s. 1 (b) of Act 106 of 1991 and deleted by s.
of Act 55 of 1994.
'the territory' [Definition of 'the territory' deleted by s. 1 (d) of Act 55 of 1994.
After the commencement of this Act no person shall be admitted to practise as an advocate save in accordance with the provisions of this Act.
Any application pursuant to the provisions of this Act shall be made in the manner prescribed in the rules.
[Para. (d) substituted by s. 16 (a) of Act 29 of 1974.
[Para. (e) deleted by s. 16 (b) of Act 29 of 1974.
[Item (aa) substituted by s. 1 of Act 78 of 1997.
[Para. (a) amended by s. 1 of Act 73 of 1965, substituted by s. 1 of Act 39 of 1977, amended by s. 1 (b) of Act 60 of 1984 and by s. 1 of Act 17 of 1987 and substituted by s. 2 of Act 106 of 1991, by s. 2 (a) of Act 55 of 1994 and by s. 1 of Act 33 of 1995.
has satisfied all the requirements for the said degree and the said degree of baccalaureus legum.
any person employed in the office of the State Attorney, or in any branch thereof, established under the State Attorney Act, 1957 (Act 56 of 1957).
[Para. (b) substituted by s. 2 (b) of Act 55 of 1994.
[Sub-s. (3) amended by s. 16 (c) of Act 29 of 1974.
Any person who is admitted and authorized to practise and to be enrolled as an advocate in terms of subsection (1), shall be enrolled as an advocate on the roll of advocates.
Any person whose name appears on the roll of advocates of any division at the commencement of this Act, whether or not the admission or enrolment of any such person as an advocate has been or is subject to any conditions, shall be deemed to have been unconditionally admitted to practise and authorized to be enrolled as an advocate in terms of subsection (1) of section three , subject to the terms of any order of court whereby any such person has been suspended from practice as an advocate.
Every person who in terms of subsection (1) is deemed to have been admitted and authorized to practise and to be enrolled as an advocate, shall be enrolled as an advocate on the roll of advocates, and for that purpose the registrar of every division shall as soon as possible after such commencement furnish the Director-general: Justice with the name of every person whose name appears on the roll of advocates of such division and with particulars of the order of court whereby every such person was admitted to practise as an advocate and of any order of court, if any, whereby any such person has been suspended from practice as an advocate.
[Sub-s. (2) amended by s. 4 (a) of Act 55 of 1994.
that no proceedings are pending or contemplated to have him suspended from practice or to have him struck off the roll of advocates of the said Supreme or High Court.
Any notice published in the Gazette under subsection (1) whereby any country or territory has been designated for the purposes of this section, may at any time be withdrawn by the Minister by a subsequent notice in the Gazette , and thereupon any country or territory referred to in such first mentioned notice shall cease to be a designated country or territory.
Any person who has been or is deemed to have been admitted to practise as an advocate in terms of any provision of this Act, shall be entitled to practise as an advocate throughout the Republic unless his name has been ordered to be struck off the roll of advocates or unless he is subject to an order suspending him from practice as an advocate.
[Sub-para. (ii) substituted by s. 2 (a) of Act 60 of 1984.
[Sub-para. (iii) added by s. 2 (b) of Act 60 of 1984 and deleted by s. 3 (a) of Act 55 of 1994.
[Para. (b) substituted by s. 2 of Act 73 of 1965 and deleted by s. 2 of Act 33 of 1995.
on his own application.
1957 (Act 56 of 1957). [Sub-s. (2) substituted by s. 3 (b) of Act 55 of 1994.
Any person having chambers in any place shall be deemed for the purposes of subsection (2) to be a person usually practising in that place.
Any person who has been suspended from practice as an advocate under this Act or any other law, whether before or after the commencement of this Act, shall for the duration of such suspension, and any person whose name has been ordered under this Act or any other law to be struck off the roll of advocates, shall, while his name remains removed from the said roll, not be entitled to practise as an advocate.
Upon receipt of the order of a court of any division whereby the name of any person has been ordered under this Act or any other law to be struck off the roll of advocates, the Director-general: Justice shall cause the name of such person to be removed from the said roll.
[Sub-s. (5) amended by s. 4 (a) of Act 55 of 1994.
The registrar of the division which makes an order admitting and authorizing any person to practise and to be enrolled as an advocate or ordering under this Act or any other law that the name of any person be struck off the roll of advocates or suspending under this Act or any other law any person from practice as an advocate, shall immediately after the making of such order forward a certified copy thereof to the Director-general: Justice.
Any document purporting to have been issued by the Director-general: Justice whereby it is certified that any person has been admitted to practise as an advocate or that any person has been suspended from practice as an advocate or that the name of any person has been removed from the roll of advocates, shall on its mere production be prima facie proof of the facts stated therein.
such other particulars as the Minister may direct.
[S. 8 amended by s. 4 (a) of Act 55 of 1994.
The President may at the request of any person appointed as a senior counsel of the Republic while in the service of the State, withdraw such appointment, and thereupon such person shall revert to the status which he had as an advocate immediately prior to that appointment.
[S. 8A inserted by s. 1 of Act 25 of 1979 and amended by s. 4 (b) of Act 55 of 1994.
No person who has not been or is not deemed to have been admitted to practise as an advocate in terms of any provision of this Act or whose name has been removed from the roll of advocates or who is subject to any order suspending him from practice as an advocate, shall in any manner, directly or indirectly, practise as an advocate or hold himself out as, or pretend to be, or make use of any name, title, addition or description implying or tending to induce the belief that he is, an advocate or is recognized by law as such.
No person who has been or is deemed to have been admitted to practise as an advocate in terms of any provision of this Act, shall make over to or share or divide with any person other than a person practising as an advocate any portion of his professional fees, whether by way of partnership, commission, allowance or otherwise.
Any person who contravenes any provision of this section shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred rand or to imprisonment for a period not exceeding twelve months with or without the option of a fine, or to both such fine and such imprisonment, and any advocate who contravenes the provisions of subsection (2) shall, in addition, be guilty of unprofessional conduct and be liable to be suspended from practice or to be struck off the roll of advocates.
Notwithstanding anything in this Act or in any other law contained, any court of any division may permit an attorney to discharge the functions of an advocate in any proceedings pending before it if there is no advocate available or willing to act.
[S. 12 repealed by s. 5 of Act 55 of 1994.
The laws specified in the Schedule to this Act are hereby repealed to the extent set out in the third column of that Schedule: Provided that notwithstanding the repeal of the Admission of Advocates Act, 1921 (Act 19 of 1921), the rules made under section two of the said Act and in force at the commencement of this Act, shall remain in force until the thirty-first day of December, 1974.
Nothing in this Act contained shall affect the right to practise as an advocate in the Natal Provincial Division or the Durban and Coast Local Division of the Supreme Court of any person referred to in section one of the Natal Advocates and Attorneys Preservation of Rights Act, 1939 (Act 27 of 1939).
So much as relates to admission and the right to practise before the courts.
of section eleven.
Section one hundred and fifteen except so much as relates to admission and the right of attorneys to practise before the courts.
Section thirty-two.
Section twenty-three.
To amend the Admission of Advocates Act, 1964.
1 and 2 Amend respectively sections 3 and 7 of the Admission of Advocates Act 74 of 1964.
This Act shall be called the Admission of Advocates Amendment Act, 1965.
To amend the Admission of Advocates Act, 1964, with regard to the language requirements that must be complied with by a person in order to be admitted to practise as an advocate.
1 Amends section 3 (2) of the Admission of Advocates Act 74 of 1964 by substituting paragraph (a).
This Act shall be called the Admission of Advocates Amendment Act, 1977.
To amend the Admission of Advocates Act, 1964, so as to provide for the withdrawal in certain cases of the appointment of persons as senior counsel.
1 Inserts section 8A in the Admission of Advocates Act 74 of 1964.
This Act shall be called the Admission of Advocates Amendment Act, 1979.
To amend the Admission of Advocates Act, 1964, so as to further regulate the admission of persons to practise as advocates, the suspension of advocates from practice and the removal of their names from the roll of advocates; and to provide for incidental matters.
1 Amends section 3 (2) (a) of the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) adds the word 'or' to subparagraph (ii); and paragraph (b) adds subparagraph (iii).
2 Amends section 7 (1) (a) of the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) substitutes subparagraph (ii); and paragraph (b) adds subparagraph (iii).
This Act shall be called the Admission of Advocates Amendment Act, 1984.
To amend the Admission of Advocates Act, 1964, with regard to the requirements that must be complied with by a person in respect of the Latin language in order to be admitted to practise as an advocate; and to provide for matters connected therewith.
1 Amends section 1 of the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) inserts the definition of 'matriculation examination'; and paragraph (b) inserts the definition of 'special course'.
2 Amends section 3 (2) of the Admission of Advocates Act 74 of 1964 by substituting paragraph (a).
The Admission of Advocates Amendment Act, 1987 (Act 17 of 1987), is hereby repealed.
Notwithstanding the provisions of subsection (1), any person who at the commencement of this Act was admitted to practise as an advocate under the provisions of the Admission of Advocates Act, 1964 (Act 74 of 1964), shall be deemed to be lawfully admitted so to practise.
Any application, under section 2 (2) of the Admission of Advocates Act, 1964, for admission to practise as an advocate, made at the commencement of this Act, shall be dealt with as if this Act had not been passed.
This Act shall be called the Admission of Advocates Amendment Act, 1991, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
To amend the Admission of Advocates Act, 1964, so as to abolish the requirement that must be complied with by persons in respect of the Latin language in order to be admitted to practise as advocates; and to delete or substitute certain obsolete words and expressions; and to amend laws of the former Republics of Transkei, Bophuthatswana and Venda with regard to the admission of advocates; and to provide for matters connected therewith.
1 Amends section 1 of the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) deletes the definition of 'matriculation examination'; paragraph (b) deletes the definition of 'Republic'; paragraph (c) deletes the definition of 'special course'; and paragraph (d) deletes the definition of 'the territory'.
3 Amends section 7 of the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) deletes subsection (1) (a) (iii); and paragraph (b) substitutes subsection (2).
4 Amends the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) substitutes in sections 4 (2), 7 (5) and 8 the expression 'Director-general: Justice' for the expression 'Secretary for Justice', wherever it occurs; and paragraph (b) substitutes in section 8A the expression 'President' for the expression 'State President'.
5 Repeals section 12 of the Admission of Advocates Act 74 of 1964.
The laws mentioned in the second column of the Schedule as in force, immediately prior to the commencement of the Constitution, in the various areas of the national territory of the Republic shown in the fourth column of the Schedule, are hereby amended to the extent shown in the third column of the Schedule.
ADMISSION OF ADVOCATES ACT 74 OF 1964 Page 12 of 15 commencement of this Act, shall be dealt with as if this Act had not been passed.
This Act shall be called the Admission of Advocates Amendment Act, 1994.
Amendment of section 3 by the deletion in subparagraphs (i) and (ii) of paragraph (a) of subsection (2) of the words 'and not less than one course in the Latin language'.
Republic for a baccalaureus degree:'.
ADMISSION OF ADVOCATES ACT 74 OF 1964 Page 15 of 15 concerned shall pass not less than one course in the Afrikaans language and not less than one course in the English language prescribed or recognized by a university in the Republic for a baccalaureus degree.'.
<fn>GOV-ZA.1965042En.2012-02-10.en.txt</fn>
To provide for the settlement of disputes by arbitration tribunals in terms of written arbitration agreements and for the enforcement of the awards of such arbitration tribunals.
[Definition of 'territory' deleted by s. 1 of Act 49 of 1996.
any matter relating to status.
Unless the agreement otherwise provides, an arbitration agreement shall not be capable of being terminated except by consent of all the parties thereto.
order that the arbitration agreement shall cease to have effect with reference to any dispute referred.
Unless the agreement otherwise provides, an arbitration agreement or any appointment of an arbitrator or umpire thereunder shall not be terminated by the death of any party thereto.
If any party to a reference under an arbitration agreement dies or vacates or is removed from his office after any dispute has been referred to arbitration, all steps and proceedings in connection with the reference shall be stayed, subject to any order that the court may make, until an executor or other proper representative has been appointed in the estate of the party who has died or, as the case may be, until an executor, administrator, curator, trustee, liquidator or judicial manager has, where necessary, been appointed in the place of an executor, administrator, curator, trustee, liquidator or judicial manager who in his capacity as such was a party to the reference and who has died or has vacated or has been removed from his office.
For the purposes of subsection (2) a dispute shall be deemed to have been referred to arbitration if any party to the dispute has served on the other party or parties thereto a written notice requiring him or them to appoint or to agree to the appointment of an arbitrator or, where the arbitrator is named or designated in the arbitration agreement, requiring the dispute to be referred to the arbitrator so named or designated.
Any period of time fixed by or under this Act which is interrupted by any stay resulting from the operation of subsection (2), shall be extended by a period equal to the period of such interruption.
Nothing in this section contained shall affect the operation of any law or rule of law by virtue of which any right of action is extinguished by the death of any person.
Unless the agreement otherwise provides, an arbitration agreement or any appointment of an arbitrator or umpire thereunder shall not be terminated by the sequestration of the estate of any party thereto, or, if such party be a corporate body, by the winding-up of the corporate body or the placing of the corporate body under judicial management.
If the estate of any party to an arbitration agreement is sequestrated or if, in the case of a corporate body which is a party to such an agreement, a petition for the winding-up of the corporate body or for placing the corporate body under judicial management is presented or an order for winding-up the corporate body or for placing the corporate body under judicial management is made, the provisions of any law relating to the sequestration of insolvent estates or, as the case may be, any law relating to the winding-up or judicial management of the corporate body concerned, shall apply in the same manner as if a reference of a dispute to arbitration under the arbitration agreement were an action or proceeding or civil proceedings or legal proceedings or civil legal proceedings within the meaning of any such law.
a reference of a dispute to arbitration shall be deemed to be an action or proceeding which is being or is about to be instituted against a corporate body, if any party to the dispute is taking steps to serve or is about to serve on the corporate body a written notice such as is referred to in paragraph (a).
Any period of time fixed by or under this Act which is interrupted by any stay, suspension or restraint resulting from the application of any law referred to in subsection (2), shall be extended by a period equal to the period of such interruption.
If any party to an arbitration agreement commences any legal proceedings in any court (including any inferior court) against any other party to the agreement in respect of any matter agreed to be referred to arbitration, any party to such legal proceedings may at any time after entering appearance but before delivering any pleadings or taking any other steps in the proceedings, apply to that court for a stay of such proceedings.
If on any such application the court is satisfied that there is no sufficient reason why the dispute should not be referred to arbitration in accordance with the agreement, the court may make an order staying such proceedings subject to such terms and conditions as it may consider just.
The court may order that the dispute between parties to an arbitration agreement be determined by way of interpleader proceedings for the relief of any person desiring so to interplead.
Where in any interpleader proceedings it is proved that the claims in question are matters to which an arbitration agreement, to which the claimants are parties, relates, the court may order that the issues between the claimants be determined in accordance with the arbitration agreement.
Where an arbitration agreement to refer future disputes to arbitration provides that any claim to which the agreement applies shall be barred unless some step to commence arbitration proceedings is taken within a time fixed by the agreement, and a dispute arises to which the agreement applies, the court, if it is of the opinion that in the circumstances of the case undue hardship would otherwise be caused, may extend the time for such period as it considers proper, whether the time so fixed has expired or not, on such terms and conditions as it may consider just but subject to the provisions of any law limiting the time for commencing arbitration proceedings.
Unless a contrary intention is expressed in the arbitration agreement, the reference shall be to a single arbitrator.
Where an appointed arbitrator refuses to act or is or becomes incapable of acting or dies or is removed from office or his appointment is terminated, or is set aside, and a contrary intention is not expressed in the arbitration agreement, the party or parties who appointed him may appoint another arbitrator in his place.
Where an arbitration agreement provides that the reference shall be to two or more arbitrators, one to be appointed by each party, and any party fails to appoint an arbitrator in terms of the agreement, or by way of substitution in the circumstances described in subsection (1), then, unless the arbitration agreement expresses a contrary intention, the other party, having appointed an arbitrator, or the other parties each having appointed an arbitrator, may serve the party in default with a written notice requiring him to appoint an arbitrator within seven days after receipt of the notice.
If the party in default does not appoint an arbitrator within the period referred to in the notice served upon him in terms of subsection (2), the other party who has appointed an arbitrator or the other parties who have each appointed an arbitrator may appoint that arbitrator or those arbitrators, as the case may be, to act as sole arbitrator or arbitrators in the reference, and his or their award shall be binding on all parties as if he or they had been appointed by consent of all parties: Provided that the court may, on the application of the party in default, on good cause shown, set aside such appointment and grant the party in default an extension of time to appoint an arbitrator.
to three arbitrators, of whom one is to be appointed by the other two, such agreement shall, unless a contrary intention is expressed therein, be construed as providing for the appointment of an umpire by the other two arbitrators immediately after they are themselves appointed.
Where an appointed umpire refuses to act or is or becomes incapable of acting or dies or is removed from office or his appointment is terminated, or is set aside, and a contrary intention is not expressed in the arbitration agreement, the parties or arbitrators who appointed him may appoint another umpire in his place.
in terms of an arbitration agreement or this Act the reference shall be to a single arbitrator and all the parties to the reference do not, after a dispute has arisen, agree in the appointment of an arbitrator; or any party to the reference may serve the other party or parties or the arbitrators, as the case may be, with a written notice requiring him or them to appoint or if agreement be necessary, to agree in the appointment of an arbitrator or arbitrators or umpire.
If the appointment referred to in the notice served under subsection (1) is not made or agreed to, as the case may be, within seven days after the service of the notice, the party who gave the notice, may upon notice to the other party or parties or the arbitrators, as the case may be, apply to the court to make the necessary appointment, and thereupon the court may appoint an arbitrator or arbitrators or umpire.
Where an arbitrator (not being a sole arbitrator) or two or more arbitrators (not being all the arbitrators) or an umpire who has or have not entered on the reference is or are removed by the court or his or their appointment or appointments is or are set aside by the court, and the arbitration agreement does not provide otherwise, the court may, on the application of any party to the reference, appoint an arbitrator or arbitrators or umpire to act in the place of the arbitrator, arbitrators or umpire so removed or whose appointment or appointments has or have been so set aside.
An arbitrator or umpire appointed by the court shall have the like power to act in the reference and make an award as if he had been appointed in accordance with the terms of the arbitration agreement.
An arbitrator or umpire appointed in the circumstances described in subsection (1) of section ten or subsection (2) of section eleven or subsection (2), (3) or (4) of this section or an arbitrator appointed after the court has granted an extension of time to do so in the circumstances described in subsection (3) of section ten , may avail himself of the evidence recorded in the arbitration proceedings before his appointment and may, if he think fit, recall for further examination any person who has given such evidence.
order that the arbitration agreement shall cease to have effect with respect to the dispute referred.
Subject to the provisions of subsection (2), the appointment of an arbitrator or umpire, unless a contrary intention is expressed in the arbitration agreement, shall not be capable of being terminated except by consent of all the parties to the reference.
The court may at any time on the application of any party to the reference, on good cause shown, set aside the appointment of an arbitrator or umpire or remove him from office.
For the purposes of this subsection, the expression 'good cause', includes failure on the part of the arbitrator or umpire to use all reasonable dispatch in entering on and proceeding with the reference and making an award or, in a case where two arbitrators are unable to agree, in giving notice of that fact to the parties or to the umpire.
Where the appointment of an arbitrator or umpire is so set aside, or where an arbitrator or umpire is so removed from office, the court may, apart from any order for costs which may be awarded against such arbitrator or umpire personally, order that such arbitrator or umpire shall not be entitled to any remuneration for his services.
[Sub-para. (iv) amended by s. 1 of Act 49 of 1996.
inspect any goods or property involved in the reference.
Where an arbitration tribunal consists of two or more arbitrators, any oath or affirmation may be administered by any member of the tribunal designated by it for the purpose.
Where an arbitration tribunal consists of two arbitrators, their unanimous decision, and where it consists of more than two arbitrators, the decision of the majority of the arbitrators, shall be the decision of the arbitration tribunal.
Where the arbitrators, or a majority of them, do not agree in their award, their decision shall not be taken to be either the least amount or least right of relief awarded by them, or the average of what has been awarded by them, but the matter shall thereupon become referable to the umpire, unless the arbitration agreement otherwise provides.
An arbitration tribunal shall give to every party to the reference, written notice of the time when and place where the arbitration proceedings will be held, and every such party shall be entitled to be present personally or by representative and to be heard at such proceedings.
If any party to the reference at any time fails, after having received reasonable notice of the time when and place where the arbitration proceedings will be held, to attend such proceedings without having shown previously to the arbitration tribunal good and sufficient cause for such failure, the arbitration tribunal may proceed in the absence of such party.
Any summons issued out of any court in terms of subsection (1) shall be served in the same manner as a subpoena issued out of that court in a civil action pending in that court.
The provisions of subsections (3) and (4) of section eighty-seven of the Correctional Services Act, 1959 (Act 8 of 1959), relating to the service of a subpoena upon any prisoner to give evidence in civil proceedings in any court, shall mutatis mutandis apply with reference to the service of a summons upon any prisoner required to give evidence before an arbitration tribunal as if the proceedings before such tribunal were civil proceedings pending in a court.
On the application of any party to a reference, the court may order the process of the court to issue to compel the attendance of a witness before the arbitration tribunal or may order any prisoner to be brought before such arbitration tribunal for examination.
the clerk of the magistrate's court having jurisdiction in the said area, may issue such summons upon payment of the same fees as are chargeable for the issue of a subpoena in a civil case pending in the magistrate's court.
If not recorded by the arbitration tribunal itself, the oral evidence of witnesses shall be recorded in such manner and to such extent as the parties to the reference may agree or, failing such agreement, as the arbitration tribunal may from time to time direct after consultation with the parties.
Where the arbitrators or a majority of them are unable to agree as to any matter of procedure, or any interlocutory question, they may refer that matter or question forthwith to the umpire for decision.
an umpire who enters on a reference as provided in paragraph (c) , shall have the same powers as if he had been appointed as sole arbitrator, and may for that purpose unless he is required by the parties to hear the evidence of the parties and their witnesses, or, whenever he is called upon by the arbitrators to decide any matter of procedure or any interlocutory question, act upon the evidence recorded in the proceedings before the arbitrators, and may, if he thinks fit, recall for further examination any person who has given such evidence.
An arbitration tribunal may, on the application of any party to the reference and shall, if the court, on the application of any such party, so directs, or if the parties to the reference so agree, at any stage before making a final award state any question of law arising in the course of the reference in the form of a special case for the opinion of the court or for the opinion of counsel.
An opinion referred to in subsection (1) shall be final and not subject to appeal and shall be binding on the arbitration tribunal and on the parties to the reference.
For the purposes of and in relation to a reference under an arbitration agreement, the court shall have the same power of making orders in respect of as it has for the purposes of and in relation to any action or matter in that court.
The provisions of subsection (1) shall not be construed so as to derogate from any power which may be vested in an arbitration tribunal of making orders with reference to any of the matters referred to in the said subsection.
Notwithstanding anything to the contrary in the arbitration agreement, the court may at any time, on the application of any party to the reference, order that the umpire shall enter upon the reference in lieu of the arbitrators in all respects as if he were a sole arbitrator.
[Para. (c) amended by s. 1 of Act 49 of 1996.
while arbitration proceedings are in progress, wilfully insults any arbitrator or umpire conducting such proceedings, or wilfully interrupts such proceedings or otherwise misbehaves himself in the place where such proceedings are being conducted, shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred rand or to imprisonment for a period not exceeding three months: Provided that in connection with the interrogation of any such person or the production of any such book, document or thing the law relating to privilege as applicable to a witness subpoenaed to give evidence or to produce any book, document or thing before a court of law shall apply.
Any person who, having been sworn or having made an affirmation, knowingly gives false evidence before an arbitration tribunal, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for perjury.
in the case of an award by an umpire, within three months after the date on which such umpire entered on the reference or the date on which such umpire was called on to act by notice in writing from any party to the reference, whichever date be the earlier date, or in either case on or before any later date to which the parties by any writing signed by them may from time to time extend the time for making the award: Provided that the court may, on good cause shown, from time to time extend the time for making any award, whether that time has expired or not.
The award shall be in writing and shall be signed by all the members of the arbitration tribunal.
If a minority of the members of the arbitration tribunal refuse to sign the award, such refusal shall be mentioned in the award but shall not invalidate it.
The award shall be delivered by the arbitration tribunal, the parties or their representatives being present or having been summoned to appear.
The award shall be deemed to have been published to the parties on the date on which it was so delivered.
Unless the arbitration agreement provides otherwise, an arbitration tribunal may make an interim award at any time within the period allowed for making an award.
Unless the arbitration agreement provides otherwise, an arbitration tribunal may order specific performance of any contract in any circumstances in which the court would have power to do so.
Unless the arbitration agreement provides otherwise, an award shall, subject to the provisions of this Act, be final and not subject to appeal and each party to the reference shall abide by and comply with the award in accordance with its terms.
Where an award orders the payment of a sum of money, such sum shall, unless the award provides otherwise, carry interest as from the date of the award and at the same rate as a judgment debt.
An arbitration tribunal may correct in any award any clerical mistake or any patent error arising from any accidental slip or omission.
An award may, on the application to a court of competent jurisdiction by any party to the reference after due notice to the other party or parties, be made an order of court.
The court to which application is so made, may, before making the award an order of court, correct in the award any clerical mistake or any patent error arising from any accidental slip or omission.
An award which has been made an order of court may be enforced in the same manner as any judgment or order to the same effect.
The parties to a reference may within six weeks after the publication of the award to them, by any writing signed by them remit any matter which was referred to arbitration, to the arbitration tribunal for reconsideration and for the making of a further award or a fresh award or for such other purpose as the parties may specify in the said writing.
The court may, on the application of any party to the reference after due notice to the other party or parties made within six weeks after the publication of the award to the parties, on good cause shown, remit any matter which was referred to arbitration, to the arbitration tribunal for reconsideration and for the making of a further award or a fresh award or for such other purpose as the court may direct.
When a matter is remitted under subsection (1) or (2) the arbitration tribunal shall, unless the writing signed by the parties or the order of remittal otherwise directs, dispose of such matter within three months after the date of the said writing or order.
Where in any case referred to in subsection (1) or (2) the arbitrator has died after making his award, the award may be remitted to a new arbitrator appointed, in the case of a remittal under subsection (1), by the parties or, in the case of a remittal under subsection (2), by the court.
an award has been improperly obtained, the court may, on the application of any party to the reference after due notice to the other party or parties, make an order setting the award aside.
An application pursuant to this section shall be made within six weeks after the publication of the award to the parties: Provided that when the setting aside of the award is requested on the grounds of the commission of an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, such application shall be made within six weeks after the discovery of that offence and in any case not later than three years after the date on which the award was so published.
[Sub-s. (2) substituted by s. 36 (1) of Act 12 of 2004.
The court may, if it considers that the circumstances so require, stay enforcement of the award pending its decision.
If the award is set aside the dispute shall, at the request of either party, be submitted to a new arbitration tribunal constituted in the manner directed by the court.
Where the fees of the arbitrator or arbitrators or umpire have not been fixed by an agreement between him or them and the parties to the reference, any party to the reference may, notwithstanding that such fees may already have been paid by the parties, or any of them, require such fees to be taxed, and thereupon such fees shall be taxed by the taxing master of the court.
Any taxation of fees under this section may be reviewed by the court in the same manner as a taxation of costs.
The arbitrator or arbitrators or umpire shall be entitled to appear and be heard at any taxation or review of taxation under this section.
The arbitrator or arbitrators or an umpire may withhold his or their award pending payment of his or their fees and of any expenses incurred by him or them in connection with the arbitration with the consent of the parties, or pending the giving of security for the payment thereof.
Unless the arbitration agreement otherwise provides, the award of costs in connection with the reference and award shall be in the discretion of the arbitration tribunal, which shall, if it awards costs, give directions as to the scale on which such costs are to be taxed and may direct to and by whom and in what manner such costs or any part thereof shall be paid and may tax or settle the amount of such costs or any part thereof, and may award costs as between attorney and client.
If no provision is made in an award with regard to costs, or if no directions have been given therein as to the scale on which such costs shall be taxed, any party to the reference may within fourteen days of the publication of the award, make application to the arbitration tribunal for an order directing by and to whom such costs shall be paid or giving directions as to the scale on which such costs shall be taxed, and thereupon the arbitration tribunal shall, after hearing any party who may desire to be heard, amend the award by adding thereto such directions as it may think proper with regard to the payment of costs or the scale on which such costs shall be taxed.
If the arbitration tribunal has no discretion as to costs or if the arbitration tribunal has such a discretion and has directed any party to pay costs but does not forthwith tax or settle such costs, or if the arbitrators or a majority of them cannot agree in their taxation, then, unless the agreement otherwise provides, the taxing master of the court may tax them.
If an arbitration tribunal has directed any party to pay costs but has not taxed or settled such costs, then, unless the arbitration agreement provides otherwise, the court may, on making the award an order of court, order the costs to be taxed by the taxing master of the court and, if the arbitration tribunal has given no directions as to the scale on which such costs shall be taxed, fix the scale of such taxation.
(5)Any taxation of costs by the taxing master of the court may be reviewed by the court.
Any provision contained in an arbitration agreement to refer future disputes to arbitration to the effect that any party or the parties thereto shall in any event pay his or their own costs or any part thereof, shall be void.
An order made or opinion given by the court under this Act may be made or given on such terms as to costs, including costs against an arbitrator or umpire, as the court considers just.
[Para. (b) amended by s. 1 of Act 49 of 1996.
in any other manner authorized by the court.
The court may, on good cause shown, extend any period of time fixed by or under this Act, whether such period has expired or not.
This Act shall apply to any arbitration in terms of an arbitration agreement to which the State is a party, other than an arbitration in terms of an arbitration agreement between the State and the Government of a foreign country or any undertaking which is wholly owned and controlled by such a Government.
This Act shall apply to every arbitration under any law passed before or after the commencement of this Act, as if the arbitration were pursuant to an arbitration agreement and as if that other law were an arbitration agreement: Provided that if that other law is an Act of Parliament, this Act shall not apply to any such arbitration in so far as this Act is excluded by or is inconsistent with that other law or is inconsistent with the regulations or procedure authorized or recognized by that other law.
[S. 41 repealed by s. 1 of Act 49 of 1996.
The Arbitrations Act, 1898 (Act 29 of 1898), of the Cape of Good Hope, the Arbitration Act, 1898 (Act 24 of 1898), of Natal, the Arbitration Ordinance, 1904 (Ordinance 24 of 1904), of the Transvaal, and the Arbitration Proclamation (Proclamation 3 of 1926), of South-West Africa, are hereby repealed.
Any arbitration, enquiry or trial commenced prior to the commencement of this Act in terms of any law repealed by subsection (1) shall be proceeded with in all respects as if such repeal had not been effected.
Any arbitration commenced after the commencement of this Act under any arbitration agreement entered into before such commencement, shall be dealt with under this Act in all respects as if such agreement had been entered into after such commencement.
This Act shall be called the Arbitration Act, 1965.
<fn>GOV-ZA.1965066adminestatesregulationsEn.2012-02-10.en.txt</fn>
a certificate containing the particulars referred to in subregulation (1) (i).
to the best of his knowledge and belief the account reflects all property of and all debts owing by the person for the administration of whose property he has been appointed and all income collected and debts, expenses and charges paid by him during the period covered by the account and that he is not aware of any disputed right to assets or liabilities.
7A. If the Master is satisfied that the non-compliance with any of the requirements mentioned in regulation 7 is not material, he can waive compliance therewith.
Provided that the remuneration in respect of any deceased estate shall not be less than R350. [Reg.
Valuations exceeding R20 000 up to and including R300 000: R160 for the first R20 000 and R2,20 per R1 000 or part thereof thereafter.
Valuations exceeding R300 000 up to and including R800 000: R780 for the first R300 000 and R1,50 per R1 000 or part thereof thereafter.
Valuations exceeding R800 000: R1 530 for the first R800 000 and R1,00 per R1 000 or part thereof thereafter.
[Reg.
'Continuous appraisement' shall mean an appraisement of two or more properties situated in the same locality or region where the facts and features considered in valuing one of them are of substantial assistance in valuing the other or others.
The statement and affidavit referred to in section 93(3) of the Act shall be prepared in the form set out in Forms D and E, respectively, in Schedule 1.
7 Ordinary place(s) of residence during the 12 months prior to death.
8 Date of 9 Place of birth.
16 State whether marriage was in or out of community of property.
22 (a) Was the signatory present at the deceased's death ?
Full name of deceased.
Full name of surviving spouse (in a case where spouses were married in community of property).
of all the property taken care of or administered by me.
Names and addresses of persons having an interest in the estate as heirs in whose presence this inventory was made (to be furnished in the case of any inventory under section 9 of the Act)....................................................................................................................................................................
Claims in favour of the * estate/minor under tutorship/person under curatorship.
1 Immovable property.
In terms of section 93(3) of the Administration of Estates Act, 1965, I , of , hereby furnish the undermentioned particulars of amounts which are not my property or subject to any valid lien, which were held by * me/an agent on my behalf on 31 December 19 ......., and have not been claimed within three months of the date of publication of the statement referred to in section 93(1) of the said Act.
I,, of, declare under oath that the attached statement of unclaimed moneys, dated 19.............., and signed by me, contains to the best of my knowledge and belief a true and complete exposition of the amounts which are to be deposited in the * Guardian's Fund of the Master of the Supreme Court at ....................................................../ the South African Bantu Trust Fund in terms of section 93(3) of the Administration of Estates Act, 1965.
is R15 000 or more but less than R17 000 42 is R17 000 or more for each complete further R2 000 with which the subject to a maximum fee of 600.
Where the deceased was one of two spouses married in community of property the said fees shall be assessed upon the gross assets of the joint estate.
Upon all unclaimed moneys being paid into the hands of a Master in pursuance of section 93 of the Act or for account of absent or unknown creditors of any estate or for account of absent or unknown creditors or contributories of any company a commission upon the amount paid in of five per cent shall be payable in cash and be deducted from the unclaimed moneys so paid into the hands of the Master.
These programmes are guided by a commitment to promoting human rights, democracy, justice and international law; international peace and internationally agreed-upon mechanisms for resolving conï¬icts; Africa in world affairs; and economic development through regional and international co-operation.
South Africa, in collaboration with key African countries, has been at the forefront in developing Nepad as Africa's premier development programme, in mobilising African and international support for Nepad and in supporting Nepad structures and processes.
by heads of state and government to help build closer economic ties between Africa and Asia.
7HILEï¿½ *APAN&#12;ï¿½ -ALAYSIAï¿½ ANDï¿½ 4AIWANï¿½ ALREADYï¿½ RANKï¿½ AMONGï¿½ THEï¿½ FOREMOSTï¿½ SOURCESï¿½ OFï¿½ FOREIGNï¿½ DIRECTï¿½ INVESTMENTï¿½ &#8;&$ ï¿½ INï¿½ 3OUTHï¿½ !FRICA&#12;THESIGNIlCANCEOF#HINAANDNDIA&#12;ASSOURCESOFINVESTment, is growing. South Africa's multinational companies are lNDINGï¿½ ATTRACTIVEï¿½ INVESTMENTï¿½ OPPORTUNITIESï¿½ INï¿½ !USTRALIA&#12;ï¿½ #HINA&#12;ï¿½NDONESIAAND4HAILANDINDIVERSElELDSSUCHASMINING&#12;MINERALSï¿½ processing, electronic media and the petrochemical industry.
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ANDTIONINSPORT&#12;ï¿½ CULTURE&#12;3&#6;4&#12;SAFETYANDSECURITY&#12;MINERALSANDENERGY&#12;AGRICULture, transport, Africa and multilateral issues.
#ARIBBEAN&#14;4HE3OUTH!FRICAN%MBASSYIN#UBAISACCREDITEDTOï¿½ THE$OMINICAN2EPUBLIC&#12;WHILETHE3OUTH!FRICANIGH#OMMIS-SIONIN+INGSTON&#12;*AMAICA&#12;ISACCREDITEDTO&#17;&#21;#ARICOMCOUNtries.
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operation, economic co-operation and co-operation in other areas.
4HE4$#!PROVIDESFORAN&4!BY&#18;&#16;&#17;&#18;&#14;4HE4RADE#HAPTEROFï¿½ THEAGREEMENTPROVISIONALLYCAMEINTOFORCEIN*ANUARY&#18;&#16;&#16;&#16;&#14;4HEï¿½ 4$#!ALSOPROVIDESTHELEGALBASISFORCONTINUED%5SUPPORTFORï¿½ development co-operation activities in South Africa. This support ISCHANNELLEDTHROUGHTHE%UROPEAN0ROGRAMMEFOR2ECONSTRUCtion and Development, which is the largest single development PROGRAMMEï¿½ INï¿½ 3OUTH!
one of the country's most important trading partners.
4HE5NITED+INGDOM&#8;5+ CONSISTENTLYOCCUPIESTHETHIRDPOSI-TIONINTERMSOF3OUTH!FRICANEXPORTS&#14;7ITHTHENUMBEROFTOURISTSï¿½ FROMTHE5+PERYEARAPPROACHINGHALFAMILLION&#12;THE5+ISONEOFï¿½ South Africa's most important overseas tourism markets.
South Africa and France co-operate in various multilateral forums, particularly to improve peace and security on the African continent and support the advancement of global governance.
As a party to the UN conventions on climate change, deserti-lCATIONANDBIODIVERSITY&#12;3OUTH!FRICAISCOMMITTEDTOREDUCINGï¿½ POVERTYï¿½ ANDï¿½ THEï¿½ LOSSï¿½ OFï¿½ BIODIVERSITY&#14;ï¿½ 3OUTH!FRICAï¿½ ISï¿½ ALSOï¿½ lRMLYï¿½ committed to the protection of the oceans and the sustainable management of its marine resources.
4HE5.$0HASANOFlCEIN0RETORIA&#12;WHICHISHEADEDBYTHERESIdent representative, who is also the resident UN co-ordinator for all UN operational activities for development in South Africa.
)TSï¿½ PROGRAMMESï¿½ OFï¿½ ACTION&#12;ï¿½ SUCHï¿½ ASï¿½ THEï¿½ #OMMONWEALTHï¿½ &UNDï¿½ FORï¿½ 4ECHNICALï¿½ #OOPERATION&#12;ï¿½ THEï¿½ #OMMONWEALTHï¿½ 9OUTHï¿½ 0ROGRAMMEANDTHE#OMMONWEALTH&OUNDATION&#12;AREFOCUSEDONï¿½ capacity-building, economic and social development, the removal of disparities in living standards across the world and the alleviation of poverty and illiteracy.
<fn>GOV-ZA.196En.2012-02-10.en.txt</fn>
Chair: Minister of Provincial & Local Govt.
<fn>GOV-ZA.196electiondateduetobegazettedbythursday10thEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1970En.2012-02-10.en.txt</fn>
Sold!
<fn>GOV-ZA.1973019SalrcEn.2012-02-10.en.txt</fn>
(Previous short title, 'South African Law Commission Act', substituted by s.
ACT To establish a South African Law Reform Commission and to provide for matters incidental thereto.
[Long title substituted by s. 9 of Act 55 of 2002.
[Definition of 'Commission' substituted by s. 4 of Act 55 of 2002.] 'Minister' means the Minister of Justice; 'Republic'.
[Definition of 'Republic' deleted by s. 1 of Act 49 of 1996.
There is hereby established a body to be known as the South African Law Commission.
As from the date of the commencement of the Judicial Matters Amendment Act, 2002, the Commission referred to in subsection (1) shall be known as the South African Law Reform Commission.
[S. 2 substituted by s. 5 of Act 55 of 2002.
High Court, as chairperson; [Sub-para. (i) substituted by s. 4 of Act 42 of 2001.
not more than eight persons who appear to the President to be fit for appointment on account of the tenure of a judicial office or on account of experience as an advocate or as an attorney or as a professor of law at any university, or on account of any other qualification relating to the objects of the Commission.
[Sub-para. (ii) substituted by s. 6 of Act 55 of 2002.
as vice-chairman of the Commission, and when the chairman is not available, the vice-chairman shall perform the functions assigned to the chairman by or under this Act.
Not more than three members of the Commission designated by the President, shall hold their office as members of the Commission, and shall perform their functions under this Act, in a full-time capacity.
[Sub-s. (1) substituted by s. 1 (a) of Act 85 of 1984 and amended by s. 4 of Act 18 of 1997.
The President may appoint one or more additional members if he deems it necessary for the investigation of any particular matter by the Commission.
[Sub-s. (2) substituted by s. 1 (b) of Act 85 of 1984 and amended by s. 4 of Act 18 of 1996.
referred to in subsection (2), shall be appointed for a period determined by the President, and any such appointment may be revoked at any time by the President if in his opinion good reasons exist therefor.
[Sub-s. (3) substituted by s. 1 (c) of Act 85 of 1984 and amended by s. 4 of Act 18 of 1996.
Any person whose period of office as a member of the Commission has expired, shall be eligible for reappointment.
steps aimed at making the common law more readily available.
In order to achieve its objects the Commission shall from time to time draw up programmes in which the various matters which in its opinion require consideration are included in order of preference, and shall submit such programmes to the Minister for approval.
The Commission may include in any programme any suggestion relating to its objects received from any person or body.
The Commission shall, as far as possible in order of preference, investigate the matters appearing on any programme approved or amended by the Minister and may for that purpose consult any person or body, whether by the submission of study documents prepared by the Commission or in any other manner.
The provisions of sections 2, 3, 4, 5 and 6 of the Commissions Act, 1947 (Act 8 of 1947), shall apply mutatis mutandis to the Commission.
If after investigating any matter the Commission is of the opinion that legislation ought to be enacted with regard to that matter, the Commission shall prepare draft legislation for that purpose.
Meetings of the Commission shall be held at the times and places appointed by the chairman of the Commission. [Sub-s. (1) substituted by s. 2 (a) of Act 85 of 1984.
The majority of the members of the Commission shall constitute a quorum for a meeting. [Sub-s. (2) substituted by s. 2 (b) of Act 85 of 1984.
If both the chairman and the vice-chairman are absent from a meeting, the members present shall choose one of their number to preside at that meeting. [Sub-s. (3) substituted by s. 2 (c) of Act 85 of 1984.
The Commission may regulate the proceedings at meetings as it may think fit and shall keep minutes of the proceedings.
The Commission shall prepare a full report in regard to any matter investigated by it and shall submit such report together with draft legislation, if any, prepared by it, to the Minister for consideration.
The Commission shall within five months of the end of a financial year of the Department of Justice and Constitutional Development submit to the Minister a report on all its activities during that financial year.
[Sub-s. (2) substituted by s. 7 of Act 55 of 2002.
The report referred to in subsection (2) shall be laid upon the Table in Parliament within fourteen days after it was submitted to the Minister, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
[Sub-s. (3) substituted by s. 3 (b) of Act 85 of 1984.
such members of the Commission as the Commission may designate and the other persons appointed by the Minister for the period determined by the Minister.
The Minister may at any time extend the period of an appointment referred to in subsection (1) (b) (ii) or, if in his opinion good reasons exist therefor, revoke any such appointment.
The Commission shall designate the chairman and, if the Commission deems it necessary, the vice-chairman of a committee established under subsection (1).
A committee referred to in subsection (1) shall, subject to the directions of the Commission, perform those functions of the Commission assigned to it by the Commission.
shall be deemed to have been performed by the Commission.
The Minister or the Commission may at any time dissolve any committee established by the Commission.
The provisions of sections 5 (4) and 6 shall mutatis mutandis apply to a committee of the Commission.
In the application of section 9 a member of a committee who is not a member of the Commission, shall be deemed to be a member of the Commission.
[S. 7A inserted by s. 4 of Act 85 of 1984.
The secretary of the Commission and such other officers and employees as are required for the proper performance of the Commission's functions, shall be appointed in terms of the Public Service Act, 1994 (Proclamation 103 of 1994).
The Commission may, with the approval of the Minister in consultation with the Minister of Finance, on a temporary basis or for a particular matter which is being investigated by it, employ any person with special knowledge of any matter relating to the work of the Commission, or obtain the co-operation of any body, to advise or assist the Commission in the performance of its functions under this Act, and fix the remuneration, including reimbursement for travelling, subsistence and other expenses, of such person or body.
[Sub-s. (2) substituted by s. 5 of Act 85 of 1984.
[Para. (a) amended by s. 4 of Act 18 of 1996 and by s. 5 of Act 42 of 2001.
is not such a judge and is not subject to the provisions of the Public Service Act, 1994 (Proclamation 103 of 1994), shall be entitled to such remuneration, allowances (including allowances for reimbursement of travelling and subsistence expenses incurred by him in the performance of his functions under this Act), benefits and privileges as the Minister in consultation with the Minister of Finance may determine.
[Para. (b) amended by s. 4 of Act 18 of 1996.
the different functions performed, whether in a part-time or full-time capacity, by them from time to time.
In the application of subsections (1) and (2), the President or the Minister, as the case may be, may determine that any remuneration, allowance, benefit or privilege contemplated in those subsections, shall be the remuneration, allowance, benefit or privilege determined from time to time by or under any law in respect of any person or category of persons.
[S. 9 amended by s. 20 of Act 29 of 1974 and substituted by s. 6 of Act 85 of 1984.
This Act shall be called the South African Law Reform Commission Act, 1973.
[S. 10 substituted by s. 8 of Act 55 of 2002.
<fn>GOV-ZA.1975En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1977051En.2012-02-10.en.txt</fn>
NB: S.
an attorney-general shall, unless the context indicates otherwise, be construed as a reference to the National Director; and an attorney-general or deputy attorney-general in respect of the area of jurisdiction of a High Court, shall be construed as a reference to a Director or Deputy Director appointed in terms of this Act, for the area of jurisdiction of that Court.'.
To make provision for procedures and related matters in criminal proceedings.
[Para. (a) deleted by s. 1 of Act 107 of 1990.
[Definition of 'bank' substituted by s. 1 (a) of Act 5 of 1991 and by s. 38 of Act 129 of 1993.
[Definition of 'Commissioner' inserted by s. 35 of Act 122 of 1991 and substituted by s. 137 of Act 111 of 1998.
[Definition of 'correctional official' inserted by s. 35 of Act 122 of 1991 and substituted by s. 137 of Act 111 of 1998.
[Definition of 'correctional supervision' inserted by s. 35 of Act 122 of 1991, amended by s. 16 of Act 116 of 1993 and substituted by s. 137 of Act 111 of 1998.
[Definition of 'law' deleted by s. 1 of Act 49 of 1996.
[Definition of 'peace officer' amended by s. 4 of Act 18 of 1996.
[Definition of 'police official' substituted by s. 1 (b) of Act 5 of 1991.
[Definition of 'province' deleted by s. 1 of Act 49 of 1996.
'provincial administration'.
[Definition of 'provincial administration' deleted by s. 1 of Act 49 of 1996.
'regional court' means a court established for a regional division under the provisions of the Magistrates' Courts Act, 1944 (Act 32 of 1944).
[Definition of 'rules of court' substituted by s. 1 (c) of Act 5 of 1991.
'special superior court'.
[Definition of 'special superior court' deleted by s. 7 of Act 62 of 2000.
[Definition of 'State' deleted by s. 1 of Act 49 of 1996.
'this Act' includes the rules of court and any regulations made under this Act.
Any reference in any law to an inferior court shall, unless the context of such law indicates otherwise, be construed as a reference to a lower court as defined in subsection (1).
[S. 2 repealed by s. 44 of Act 32 of 1998.
[S. 3 amended by s. 11 of Act 59 of 1983 and repealed by s. 8 (1) of Act 92 of 1992.
[S. 4 repealed by s. 8 (1) of Act 92 of 1992.
[S. 5 repealed by s. 44 of Act 32 of 1998.
at any time after an accused has pleaded, but before conviction, stop the prosecution in respect of that charge, in which event the court trying the accused shall acquit the accused in respect of that charge: Provided that where a prosecution is conducted by a person other than an attorney-general or a body or person referred to in section 8, the prosecution shall not be stopped unless the attorney-general or any person authorized thereto by the attorney-general, whether in general or in any particular case, has consented thereto.
[NB: A para. (c) and a sub-s. (2) have been added by s. 36 of the Correctional Services and Supervision Matters Amendment Act 122 of 1991, a provision which will be put into operation by proclamation. See PENDLEX.
the wife or child or, if there is no wife or child, any of the next of kin of any deceased person, if the death of such person is alleged to have been caused by the said offence; or the legal guardian or curator of a minor or lunatic, if the said offence was committed against his ward, may, subject to the provisions of section 9 and section 59 (2) of the Child Justice Act, 2008, either in person or by a legal representative, institute and conduct a prosecution in respect of such offence in any court competent to try that offence.
[Sub-s. (1) substituted by s. 99 (1) of Act 75 of 2008.
No private prosecutor under this section shall obtain the process of any court for summoning any person to answer any charge unless such private prosecutor produces to the officer authorized by law to issue such process a certificate signed by the attorney-general that he has seen the statements or affidavits on which the charge is based and that he declines to prosecute at the instance of the State.
The attorney-general shall, in any case in which he declines to prosecute, at the request of the person intending to prosecute, grant the certificate referred to in paragraph (a).
A certificate issued under this subsection shall lapse unless proceedings in respect of the offence in question are instituted by the issue of the process referred to in paragraph (a) within three months of the date of the certificate.
The provisions of paragraph (c) shall apply also with reference to a certificate granted before the commencement of this Act under the provisions of any law repealed by this Act, and the date of such certificate shall, for the purposes of this paragraph, be deemed to be the date of commencement of this Act.
Any body upon which or person upon whom the right to prosecute in respect of any offence is expressly conferred by law, may institute and conduct a prosecution in respect of such offence in any court competent to try that offence.
A body which or a person who intends exercising a right of prosecution under subsection (1), shall exercise such right only after consultation with the attorneygeneral concerned and after the attorney-general has withdrawn his right of prosecution in respect of any specified offence or any specified class or category of offences with reference to which such body or person may by law exercise such right of prosecution.
An attorney-general may, under subsection (2), withdraw his right of prosecution on such conditions as he may deem fit, including a condition that the appointment by such body or person of a prosecutor to conduct the prosecution in question shall be subject to the approval of the attorney-general, and that the attorney-general may at any time exercise with reference to any such prosecution any power which he might have exercised if he had not withdrawn his right of prosecution.
[Para. (a) substituted by s. 39 of Act 129 of 1993.
the amount such court may determine as security for the costs which may be incurred in respect of the accused's defence to the charge.
[Para. (b) substituted by s. 39 of Act 129 of 1993.
require the private prosecutor to deposit such additional amount as the court may determine with the magistrate's court in which the said amount was deposited; or direct that the private prosecutor enter into a recognizance, with or without sureties, in such additional amount as the court may determine.
Where a private prosecutor fails to prosecute a charge against an accused to a conclusion without undue delay or where a charge is dismissed under section 11, the amount referred to in subsection (1) (a) shall be forfeited to the State.
A private prosecution shall be instituted and conducted and all process in connection therewith issued in the name of the private prosecutor.
The indictment, charge-sheet or summons, as the case may be, shall describe the private prosecutor with certainty and precision and shall, except in the case of a body referred to in section 8, be signed by such prosecutor or his legal representative.
Two or more persons shall not prosecute in the same charge except where two or more persons have been injured by the same offence.
If the private prosecutor does not appear on the day set down for the appearance of the accused in the magistrate's court or for the trial of the accused, the charge against the accused shall be dismissed unless the court has reason to believe that the private prosecutor was prevented from being present by circumstances beyond his control, in which event the court may adjourn the case to a later date.
Where the charge is so dismissed, the accused shall forthwith be discharged from custody and may not in respect of that charge be prosecuted privately again but the attorney-general or a public prosecutor with the consent of the attorneygeneral may at the instance of the State prosecute the accused in respect of that charge.
A private prosecution shall, subject to the provisions of this Act, be proceeded with in the same manner as if it were a prosecution at the instance of the State: Provided that the person in respect of whom the private prosecution is instituted shall be brought before the court only by way of summons in the case of a lower court, or an indictment in the case of a superior court, except where he is under arrest in respect of an offence with regard to which a right of private prosecution is vested in any body or person under section 8.
Where the prosecution is instituted under section 7 (1) and the accused pleads guilty to the charge, the prosecution shall be continued at the instance of the State.
An attorney-general or a local public prosecutor acting on the instructions of the attorney-general, may in respect of any private prosecution apply by motion to the court before which the private prosecution is pending to stop all further proceedings in the case in order that a prosecution for the offence in question may be instituted or, as the case may be, continued at the instance of the State, and the court shall make such an order.
A private prosecutor, other than a prosecutor contemplated in section 8, shall in respect of any process relating to the private prosecution, pay to the clerk or, as the case may be, the registrar of the court in question, the fees prescribed under the rules of court for the service or execution of such process.
The costs and expenses of a private prosecutor shall, subject to the provisions of subsection (2), be paid by the private prosecutor.
The court may order a person convicted upon a private prosecution to pay the costs and expenses of the prosecution, including the costs of any appeal against such conviction or any sentence: Provided that the provisions of this subsection shall not apply with reference to any prosecution instituted and conducted under section 8: Provided further that where a private prosecution is instituted after the grant of a certificate by an attorney-general that he declines to prosecute and the accused is convicted, the court may order the costs and expenses of the private prosecution, including the costs of an appeal arising from such prosecution, to be paid by the State.
[Sub-s. (2) amended by s. 1 of Act 26 of 1987.
Where in a private prosecution, other than a prosecution contemplated in section 8, the charge against the accused is dismissed or the accused is acquitted or a decision in favour of the accused is given on appeal, the court dismissing the charge or acquitting the accused or deciding in favour of the accused on appeal, may order the private prosecutor to pay to such accused the whole or any part of the costs and expenses incurred in connection with the prosecution or, as the case may be, the appeal.
Where the court is of the opinion that a private prosecution was unfounded and vexatious, it shall award to the accused at his request such costs and expenses incurred in connection with the prosecution, as it may deem fit.
[S. 16 substituted by s. 40 of Act 129 of 1993.
The provisions of section 300 (3) shall apply with reference to any order or award made under section 15 or 16 in connection with costs and expenses.
Costs awarded under section 15 or 16 shall be taxed according to the scale, in civil cases, of the court which makes the award or, if the award is made by a regional court, according to the scale, in civil cases, of a magistrate's court, or, where there is more than one such scale, according to the scale determined by the court making the award.
the crime of genocide, crimes against humanity and war crimes, as contemplated in section 4 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002; or trafficking in persons for sexual purposes by a person as contemplated in section 71 (1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or using a child or person who is mentally disabled for pornographic purposes as contemplated in sections 20 (1) and 26 (1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, shall, unless some other period is expressly provided for by law, lapse after the expiration of a period of 20 years from the time when the offence was committed.
[S. 18 substituted by s. 27 (1) of Act 105 of 1997, amended by s. 39 of Act 27 of 2002 and substituted by s. 68 of Act 32 of 2007.
The provisions of this Chapter shall not derogate from any power conferred by any other law to enter any premises or to search any person, container or premises or to seize any matter, to declare any matter forfeited or to dispose of any matter.
which may afford evidence of the commission or suspected commission of an offence, whether within the Republic or elsewhere; or which is intended to be used or is on reasonable grounds believed to be intended to be used in the commission of an offence.
by a magistrate or justice, if it appears to such magistrate or justice from information on oath that there are reasonable grounds for believing that any such article is in the possession or under the control of or upon any person or upon or at any premises within his area of jurisdiction; or by a judge or judicial officer presiding at criminal proceedings, if it appears to such judge or judicial officer that any such article in the possession or under the control of any person or upon or at any premises is required in evidence at such proceedings.
A search warrant issued under subsection (1) shall require a police official to seize the article in question and shall to that end authorize such police official to search any person identified in the warrant, or to enter and search any premises identified in the warrant and to search any person found on or at such premises.
A search warrant shall be executed by day, unless the person issuing the warrant in writing authorizes the execution thereof by night.
A search warrant may be issued on any day and shall be of force until it is executed or is cancelled by the person who issued it or, if such person is not available, by a person with like authority.
A police official executing a warrant under this section or section 25 shall, after such execution, upon demand of any person whose rights in respect of any search or article seized under the warrant have been affected, hand to him a copy of the warrant.
if the person concerned consents to the search for and the seizure of the article in question, or if the person who may consent to the search of the container or premises consents to such search and the seizure of the article in question; or if he on reasonable grounds believes that a search warrant will be issued to him under paragraph (a) of section 21 (1) if he applies for such warrant; and that the delay in obtaining such warrant would defeat the object of the search.
if he is a peace officer, search the person arrested and seize any article referred to in section 20 which is found in the possession of or in the custody or under the control of the person arrested, and where such peace officer is not a police official, he shall forthwith deliver any such article to a police official; or if he is not a peace officer, seize any article referred to in section 20 which is in the possession of or in the custody or under the control of the person arrested and shall forthwith deliver any such article to a police official.
On the arrest of any person, the person making the arrest may place in safe custody any object found on the person arrested and which may be used to cause bodily harm to himself or others.
[Sub-s. (2) added by s. 1 of Act 33 of 1986.
Any person who is lawfully in charge or occupation of any premises and who reasonably suspects that stolen stock or produce, as defined in any law relating to the theft of stock or produce, is on or in the premises concerned, or that any article has been placed thereon or therein or is in the custody or possession of any person upon or in such premises in contravention of any law relating to intoxicating liquor, dependence-producing drugs, arms and ammunition or explosives, may at any time, if a police official is not readily available, enter such premises for the purpose of searching such premises and any person thereon or therein, and if any such stock, produce or article is found, he shall take possession thereof and forthwith deliver it to a police official.
[S. 24 substituted by s. 12 of Act 59 of 1983.
of seizing any such article.
A warrant under subsection (1) may be issued on any day and shall be of force until it is executed or is cancelled by the person who issued it or, if such person is not available, by a person with like authority.
A police official may without warrant act under subparagraphs (i), (ii) and (iii) of subsection (1) if he on reasonable grounds believes that a warrant will be issued to him under paragraph (a) or (b) of subsection (1) if he applies for such warrant; and that the delay in obtaining such warrant would defeat the object thereof.
Where a police official in the investigation of an offence or alleged offence reasonably suspects that a person who may furnish information with reference to any such offence is on any premises, such police official may without warrant enter such premises for the purpose of interrogating such person and obtaining a statement from him: Provided that such police official shall not enter any private dwelling without the consent of the occupier thereof.
A police official who may lawfully search any person or any premises or who may enter any premises under section 26, may use such force as may be reasonably necessary to overcome any resistance against such search or against entry of the premises, including the breaking of any door or window of such premises: Provided that such police official shall first audibly demand admission to the premises and notify the purpose for which he seeks to enter such premises.
The proviso to subsection (1) shall not apply where the police official concerned is on reasonable grounds of the opinion that any article which is the subject of the search may be destroyed or disposed of if the provisions of the said proviso are first complied with.
searches any person or container or premises or seizes or detains any article; or performs any act contemplated in subparagraph (i), (ii) or (iii) of section 25 (1), shall be guilty of an offence and liable on conviction to a fine not exceeding R600 or to imprisonment for a period not exceeding six months, and shall in addition be subject to an award under subsection (2).
[Sub-s. (1) amended by s. 2 of Act 33 of 1986.
Where any person falsely gives information on oath under section 21 (1) or 25 and a search warrant or, as the case may be, a warrant is issued and executed on such information, and such person is in consequence of such false information convicted of perjury, the court convicting such person may, upon the application of any person who has suffered damage in consequence of the unlawful entry, search or seizure, as the case may be, or upon the application of the prosecutor acting on the instructions of that person, award compensation in respect of such damage, whereupon the provisions of section 300 shall mutatis mutandis apply with reference to such award.
A search of any person or premises shall be conducted with strict regard to decency and order, and a woman shall be searched by a woman only, and if no female police official is available, the search shall be made by any woman designated for the purpose by a police official.
A police official who seizes any article referred to in section 20 or to whom any such article is under the provisions of this Chapter delivered may, if the article is perishable, with due regard to the interests of the persons concerned, dispose of the article in such manner as the circumstances may require; or may, if the article is stolen property or property suspected to be stolen, with the consent of the person from whom it was seized, deliver the article to the person from whom, in the opinion of such police official, such article was stolen, and shall warn such person to hold such article available for production at any resultant criminal proceedings, if required to do so; or shall, if the article is not disposed of or delivered under the provisions of paragraph (a) or (b), give it a distinctive identification mark and retain it in police custody or make such other arrangements with regard to the custody thereof as the circumstances may require.
If no criminal proceedings are instituted in connection with any article referred to in section 30 (c) or if it appears that such article is not required at the trial for purposes of evidence or for purposes of an order of court, the article shall be returned to the person from whom it was seized, if such person may lawfully possess such article, or, if such person may not lawfully possess such article, to the person who may lawfully possess it.
If no person may lawfully possess such article or if the police official charged with the investigation reasonably does not know of any person who may lawfully possess such article, the article shall be forfeited to the State.
[Para. (b) substituted by s. 2 of Act 5 of 1991.
The person who may lawfully possess the article in question shall be notified by registered post at his last-known address that he may take possession of the article and if such person fails to take delivery of the article within thirty days from the date of such notification, the article shall be forfeited to the State.
If criminal proceedings are instituted in connection with any article referred to in section 30 (c) and the accused admits his guilt in accordance with the provisions of section 57, the article shall be returned to the person from whom it was seized, if such person may lawfully possess such article, or, if such person may not lawfully possess such article, to the person who may lawfully possess such article, or, if such person may not lawfully possess such article, to the person who may lawfully possess it, whereupon the provisions of section 31 (2) shall apply with reference to any such person.
[Sub-s. (2) substituted by s. 3 of Act 5 of 1991.
If criminal proceedings are instituted in connection with any article referred to in section 30 (c) and such article is required at the trial for the purposes of evidence or for the purposes of an order of court, the police official charged with the investigation shall, subject to the provisions of subsection (2) of this section, deliver such article to the clerk of the court where such criminal proceedings are instituted.
[Sub-s. (1) substituted by s. 4 of Act 5 of 1991.
If it is by reason of the nature, bulk or value of the article in question impracticable or undesirable that the article should be delivered to the clerk of the court in terms of subsection (1), the clerk of the court may require the police official in charge of the investigation to retain the article in police custody or in such other custody as may be determined in terms of section 30 (c).
[Sub-s. (2) substituted by s. 4 of Act 5 of 1991.
The clerk of the court shall place any article received under subsection (1) in safe custody, which may include the deposit of money in an official banking account if such money is not required at the trial for the purposes of evidence.
of this subsection, advise the clerk or registrar of such other court of the fact of such custody or such deposit, as the case may be.
be returned to the person from whom it was seized, if such person may lawfully possess such article; or if such person is not entitled to the article or cannot lawfully possess the article, be returned to any other person entitled thereto, if such person may lawfully possess the article; or if no person is entitled to the article or if no person may lawfully possess the article or, if the person who is entitled thereto cannot be traced or is unknown, be forfeited to the State.
The court may, for the purpose of any order under subsection (1), hear such additional evidence, whether by affidavit or orally, as it may deem fit.
If the judge or judicial officer concerned does not, at the conclusion of the relevant proceedings, make an order under subsection (1), such judge or judicial officer or, if he is not available, any other judge or judicial officer of the court in question, may at any time after the conclusion of the proceedings make any such order, and for that purpose hear such additional evidence, whether by affidavit or orally, as he may deem fit.
Any order made under subsection (1) or (3) may be suspended pending any appeal or review.
Where the court makes an order under paragraph (a) or (b) of subsection (1), the provisions of section 31 (2) shall mutatis mutandis apply with reference to the person in favour of whom such order is made.
If the circumstances so require or if the criminal proceedings in question cannot for any reason be disposed of, the judge or judicial officer concerned may make any order referred to in paragraph (a), (b) or (c) of subsection (1) at any stage of the proceedings.
any weapon, instrument or other article by means whereof the offence in question was committed or which was used in the commission of such offence; or if the conviction is in respect of an offence referred to in Part 1 of Schedule 2, any vehicle, container or other article which was used for the purpose of or in connection with the commission of the offence in question or for the conveyance or removal of the stolen property, and which was seized under the provisions of this Act, forfeited to the State: Provided that such forfeiture shall not affect any right referred to in subparagraph (i) or (ii) of subsection (4) (a) if it is proved that the person who claims such right did not know that such weapon, instrument, vehicle, container or other article was being used or would be used for the purpose of or in connection with the commission of the offence in question or, as the case may be, for the conveyance or removal of the stolen property in question, or that he could not prevent such use, and that he may lawfully possess such weapon, instrument, vehicle, container or other article, as the case may be.
A court which convicts an accused or which finds an accused not guilty of any offence, shall declare forfeited to the State any article seized under the provisions of this Act which is forged or counterfeit or which cannot lawfully be possessed by any person.
Any weapon, instrument, vehicle, container or other article declared forfeited under the provisions of subsection (1), shall be kept for a period of thirty days with effect from the date of declaration of forfeiture or, if an application is within that period received from any person for the determination of any right referred to in subparagraph (i) or (ii) of subsection (4) (a), until a final decision in respect of any such application has been given.
if the State has disposed of the weapon, instrument, vehicle, container or other article in question, the court shall direct that the said seller be likewise compensated.
If a determination by the court under paragraph (a) is adverse to the applicant, he may appeal therefrom as if it were a conviction by the court making the determination, and such appeal may be heard either separately or jointly with an appeal against the conviction as a result whereof the declaration of forfeiture was made, or against a sentence imposed as a result of such conviction.
When determining any rights under this subsection, the record of the criminal proceedings in which the declaration of forfeiture was made, shall form part of the relevant proceedings, and the court making the determination may hear such additional evidence, whether by affidavit or orally, as it may deem fit.
there are reasonable grounds for believing that it will afford evidence as to the commission in a country outside the Republic of any offence or that it was used for the purpose of or in connection with such commission of any offence, the magistrate within whose area of jurisdiction the article was seized may, on application and if satisfied that such offence is punishable in such country by death or by imprisonment for a period of twelve months or more or by a fine of five hundred rand or more, order such article to be delivered to a member of a police force established in such country who may thereupon remove it from the Republic.
Whenever the article so removed from the Republic is returned to the magistrate, or whenever the magistrate refuses to order that the article be delivered as aforesaid, the article shall be returned to the person from whose possession it was taken, unless the magistrate is authorized or required by law to dispose of it otherwise.
[NB: The heading has been substituted and ss. 36A to 36C inclusive have been inserted by ss. 1 and 2, respectively, of the Criminal Law (Forensic Procedures) Amendment Act 6 of 2010, provisions which will be put into operation by proclamation. See PENDLEX.
take such steps as he may deem necessary in order to ascertain whether the body of any person referred to in paragraph (a) (i) or (ii) has any mark, characteristic or distinguishing feature or shows any condition or appearance; Provided that no police official shall take any blood sample of the person concerned nor shall a police official make any examination of the body of the person concerned where that person is a female and the police official concerned is not a female.
take a photograph or may cause a photograph to be taken of a person referred to in paragraph (a) (i) or (ii).
[Para. (d) added by s. 1 (a) of Act 64 of 1982.
Any medical officer of any prison or any district surgeon or, if requested thereto by any police official, any registered medical practitioner or registered nurse may take such steps, including the taking of a blood sample, as may be deemed necessary in order to ascertain whether the body of any person referred to in paragraph (a) (i) or (ii) of subsection (1) has any mark, characteristic or distinguishing feature or shows any condition or appearance.
If any registered medical practitioner attached to any hospital is on reasonable grounds of the opinion that the contents of the blood of any person admitted to such hospital for medical attention or treatment may be relevant at any later criminal proceedings, such medical practitioner may take a blood sample of such person or cause such sample to be taken.
order that the steps, including the taking of a blood sample, be taken which such court may deem necessary in order to ascertain the state of health of any accused at such proceedings.
Any court which has convicted any person of any offence or which has concluded a preparatory examination against any person on any charge, or any magistrate, may order that the finger-prints, palm-prints or foot-prints, or a photograph, of the person concerned be taken.
[Sub-s. (4) substituted by s. 1 (b) of Act 64 of 1982.
Finger-prints, palm-prints or foot-prints, photographs and the record of steps taken under this section shall be destroyed if the person concerned is found not guilty at his trial or if his conviction is set aside by a superior court or if he is discharged at a preparatory examination or if no criminal proceedings with reference to which such prints or photographs were taken or such record was made are instituted against the person concerned in any court or if the prosecution declines to prosecute such person.
[Sub-s. (5) substituted by s. 1 (c) of Act 64 of 1982.
[NB: S. 37 has been substituted by s. 3 of the Criminal Law (Forensic Procedures) Amendment Act 6 of 2010, a provision which will be put into operation by proclamation. See PENDLEX.
Subject to section 4 (2) of the Child Justice Act, the methods of securing the attendance of an accused who is eighteen years or older in court for the purposes of his or her trial shall be arrest, summons, written notice and indictment in accordance with the relevant provisions of this Act.
The methods of securing the attendance of an accused who is under the age of eighteen years at a preliminary inquiry or child justice court are those contemplated in section 17 of the Child Justice Act, 2008.
[S. 38 substituted by s. 99 (1) of Act 75 of 2008.
An arrest shall be effected with or without a warrant and, unless the person to be arrested submits to custody, by actually touching his body or, if the circumstances so require, by forcibly confining his body.
The person effecting an arrest shall, at the time of effecting the arrest or immediately after effecting the arrest, inform the arrested person of the cause of the arrest or, in the case of an arrest effected by virtue of a warrant, upon demand of the person arrested hand him a copy of the warrant.
The effect of an arrest shall be that the person arrested shall be in lawful custody and that he shall be detained in custody until he is lawfully discharged or released from custody.
[Para. (d) substituted by s. 41 of Act 129 of 1993.
[Para. (m) amended by s. 4 of Act 18 of 1996.
who is reasonably suspected of having committed an act of domestic violence as contemplated in section 12* of the Domestic Violence Act, 1998, which constitutes an offence in respect of which violence is an element.
[Para. (q) added by s. 20 of Act 116 of 1998.
If a person may be arrested under any law without warrant and subject to conditions or the existence of circumstances set out in that law, any peace officer may without warrant arrest such person subject to such conditions or circumstances.
who, in the opinion of the peace officer, may be able to give evidence in regard to the commission or suspected commission of any offence, to furnish such peace officer with his full name and address, and if such person fails to furnish his full name and address, the peace officer may forthwith and without warrant arrest him, or, if such person furnishes to the peace officer a name or address which the peace officer reasonably suspects to be false, the peace officer may arrest him without warrant and detain him for a period not exceeding twelve hours until such name or address has been verified.
Any person who, when called upon under the provisions of subsection (1) to furnish his name and address, fails to do so or furnishes a false or incorrect name and address, shall be guilty of an offence and liable on conviction to a fine not exceeding R300 or to imprisonment for a period not exceeding three months.
[Sub-s. (2) substituted by s. 3 of Act 33 of 1986.
whom he sees engaged in an affray.
Any private person who may without warrant arrest any person under subsection (1) (a) may forthwith pursue that person, and any other private person to whom the purpose of the pursuit has been made known, may join and assist therein.
The owner, lawful occupier or person in charge of property on or in respect of which any person is found committing any offence, and any person authorized thereto by such owner, occupier or person in charge, may without warrant arrest the person so found.
[Sub-s. (3) substituted by s. 13 of Act 59 of 1983.
which alleges that such offence was committed within the area of jurisdiction of such magistrate or, in the case of a justice, within the area of jurisdiction of the magistrate within whose district or area application is made to the justice for such warrant, or where such offence was not committed within such area of jurisdiction, which alleges that the person in respect of whom the application is made, is known or is on reasonable grounds suspected to be within such area of jurisdiction; and which states that from information taken upon oath there is a reasonable suspicion that the person in respect of whom the warrant is applied for has committed the alleged offence.
A warrant of arrest issued under this section shall direct that the person described in the warrant shall be arrested by a peace officer in respect of the offence set out in the warrant and that he be brought before a lower court in accordance with the provisions of section 50.
A warrant of arrest may be issued on any day and shall remain in force until it is cancelled by the person who issued it or, if such person is not available, by any person with like authority, or until it is executed.
A warrant of arrest issued under any provision of this Act may be executed by a peace officer, and the peace officer executing such warrant shall do so in accordance with the terms thereof.
A telegraphic or similar written or printed communication from any magistrate, justice or peace officer stating that a warrant has been issued for the arrest of any person, shall be sufficient authority to any peace officer for the arrest and detention of that person.
The provisions of section 50 shall apply with reference to an arrest effected in accordance with subsection (1).
Any person who is authorized to arrest another under a warrant of arrest or a communication under section 45 and who in the reasonable belief that he is arresting such person arrests another, shall be exempt from liability in respect of such wrongful arrest.
Any person who is called upon to assist in making an arrest as contemplated in subsection (1) or who is required to detain a person so arrested, and who reasonable believes that the said person is the person whose arrest has been authorized by the warrant of arrest or the communication, shall likewise be exempt from liability in respect of such assistance or detention.
in detaining any person so arrested.
Any person who, without sufficient cause, fails to assist a police official as provided in subsection (1), shall be guilty of an offence and liable on conviction to a fine not exceeding R300 or to imprisonment for a period not exceeding three months.
[Sub-s. (2) substituted by s. 4 of Act 33 of 1986.
Any person who may lawfully arrest another in respect of any offence and who knows or reasonably suspects such other person to be on any premises, may, if he first audibly demands entry into such premises and notifies the purpose for which he seeks entry and fails to gain entry, break open, enter and search such premises for the purpose of effecting the arrest.
'suspect' means any person in respect of whom an arrestor has or had a reasonable suspicion that such person is committing or has committed an offence.
that there is a substantial risk that the suspect will cause imminent or future death or grievous bodily harm if the arrest is delayed; or that the offence for which the arrest is sought is in progress and is of a forcible and serious nature and involves the use of life threatening violence or a strong likelihood that it will cause grievous bodily harm.
[S. 49 substituted by s. 7 of Act 122 of 1998.
Any person who is arrested with or without warrant for allegedly committing an offence, or for any other reason, shall as soon as possible be brought to a police station or, in the case of an arrest by warrant, to any other place which is expressly mentioned in the warrant.
A person who is in detention as contemplated in paragraph (a) shall, as soon as reasonably possible, be informed of his or her right to institute bail proceedings.
no charge is to be brought against him or her; or bail is not granted to him or her in terms of section 59 or 59A, he or she shall be brought before a lower court as soon as reasonably possible, but not later than 48 hours after the arrest.
[Sub-para. (ii) substituted by s. 3 (a) of Act 34 of 1998.
at a time when the arrested person is outside the area of jurisdiction of the lower court to which he or she is being brought for the purposes of further detention and he or she is at such time in transit from a police station or other place of detention to such court, the said period shall be deemed to expire at the end of the court day next succeeding the day on which such arrested person is brought within the area of jurisdiction of such court.
[Sub-s. (1) amended by s. 1 of Act 56 of 1979 and substituted by s. 1 (a) of Act 85 of 1997.
'ordinary court hours' means the hours from 9:00 until 16:00 on a court day.
[Sub-s. (2) substituted by s. 1 (a) of Act 85 of 1997.
Subject to the provisions of subsection (6), nothing in this section shall be construed as modifying the provisions of this Act or any other law whereby a person under detention may be released on bail or on warning or on a written notice to appear in court.
[Sub-s. (3) substituted by s. 1 (a) of Act 75 of 1995 and by s. 8 (1) (a) of Act 62 of 2000.
and (5).
[Sub-ss. (4) and (5) added by s. 37 of Act 122 of 1991 and deleted by s. 99 (1) of Act 75 of 2008.
[Item (aa) substituted by s. 3 (b) of Act 34 of 1998.] (bb) be charged and be entitled to apply to be released on bail, and if the accused is not so charged or informed of the reason for his or her further detention, he or she shall be released; or was not arrested in respect of an offence, shall be entitled to adjudication upon the cause for his or her arrest.
An arrested person contemplated in paragraph (a) (i) is not entitled to be brought to court outside ordinary court hours.
The bail application of a person who is charged with an offence referred to in Schedule 6 must be considered by a magistrate's court: Provided that the Director of Public Prosecutions concerned, or a prosecutor authorised thereto in writing by him or her may, if he or she deems it expedient or necessary for the administration of justice in a particular case, direct in writing that the application must be considered by a regional court.
[Para. (c) substituted by s. 8 (1) (b) of Act 62 of 2000.
[Sub-para. (iii) deleted by s. 8 (1) (c) of Act 62 of 2000.
it appears to the court that it is necessary to provide the State with a reasonable opportunity to-(aa) procure material evidence that may be lost if bail is granted; or (bb) perform the functions referred to in section 37; or it appears to the court that it is necessary in the interests of justice to do so.
[Sub-s. (6) added by s. 1 (b) of Act 75 of 1995 and substituted by s. 1 (b) of Act 85 of 1997.
[Sub-s. (7) added by s. 1 (b) of Act 75 of 1995 and deleted by s. 1 (c) of Act 85 of 1997.
Any person who escapes or attempts to escape from custody after he or she has been lawfully arrested and before he or she has been lodged in any correctional facility, police-cell or lock-up, shall be guilty of an offence and liable on conviction to the penalties prescribed in section 117 of the Correctional Services Act, 1998 (Act 111 of 1998).
[Sub-s. (1) substituted by s. 4 of Act 66 of 2008.
Any person who rescues or attempts to rescue from custody any person after he or she has been lawfully arrested and before he or she has been lodged in any correctional facility, police-cell or lock-up, or who aids the person to escape or to attempt to escape from custody, or who harbours or conceals or assists in harbouring or concealing any person who escapes from custody after he or she has been lawfully arrested and before he or she has been lodged in any correctional facility, police-cell or lock-up, shall be guilty of an offence and liable on conviction to the penalties prescribed in section 117 of the said Correctional Services Act, 1998.
[Sub-s. (2) substituted by s. 4 of Act 66 of 2008.
Notwithstanding anything to the contrary in any law contained, a lower court shall have jurisdiction to try any offence under this section and to impose any penalty prescribed in respect thereof.
No provision of this Chapter relating to arrest shall be construed as removing or diminishing any authority expressly conferred by any other law to arrest, detain or put any restraint upon any person.
Subject to the provisions of sections 46 and 331, no provision of this Chapter relating to arrest shall be construed as removing or diminishing any civil right or liability of any person in respect of a wrongful or malicious arrest.
issue a summons containing the charge and the information handed to him by the prosecutor, and specifying the place, date and time for the appearance of the accused in court on such charge; and deliver such summons, together with so many copies thereof as there are accused to be summoned, to a person empowered to serve a summons in criminal proceedings.
Except where otherwise expressly provided by any law, the summons shall be served by a person referred to in subsection (1) (b) by delivering it to the person named therein or, if he cannot be found, by delivering it at his residence or place of employment or business to a person apparently over the age of sixteen years and apparently residing or employed there.
A return by the person who served the summons that the service thereof has been effected in terms of paragraph (a), may, upon the failure of the person concerned to attend the relevant proceedings, be handed in at such proceedings and shall be prima facie proof of such service.
A summons under this section shall be served on an accused so that he is in possession thereof at least fourteen days (Sundays and public holidays excluded) before the date appointed for the trial.
Subject to section 4 (2) of the Child Justice Act, 2008, an accused who is eighteen years or older and who is summoned under section 54 to appear at criminal proceedings and who fails to appear at the place and on the date and at the time specified in the summons or who fails to remain in attendance at such proceedings, shall be guilty of an offence and liable to the punishment prescribed under subsection (2).
The provisions of section 46 of the Child Justice Act, 2008, apply to an accused who is under the age of eighteen years and who fails to appear at a preliminary inquiry in terms of a summons issued under that Act.
[Sub-s. (1A) inserted by s. 99 (1) of Act 75 of 2008.
may, where it appears to him that the accused received the summons in question and that the accused will appear in court in accordance with a warning under section 72; or shall, where it appears to him that the accused did not receive the summons in question or that the accused has paid an admission of guilt fine in terms of section 57 or that there are other grounds on which it appears that the failure of the accused to appear on the summons was not due to any fault on the part of the accused, for which purpose he may require the accused to furnish an affidavit or affirmation, release the accused on warning under section 72 in respect of the offence of failing to appear in answer to the summons, whereupon the provisions of that section shall mutatis mutandis apply with reference to the said offence.
[Sub-s. (2) amended by s. 5 (a) of Act 33 of 1986.
the court may make a further endorsement on the warrant to the effect that the accused may admit his guilt in respect of the failure to appear in answer to the summons or to remain in attendance at the criminal proceedings, and that he may upon arrest pay to a clerk of the court or at a police station a fine stipulated on the warrant in respect of such failure, which fine shall not exceed the amount to be imposed in terms of subsection (2), without appearing in court.
[NB: Para. (a) has been substituted by s. 5 of the Judicial Matters Amendment Act 66 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
The fine paid in terms of paragraph (a) at a police station or to a clerk of a magistrate's court other than the magistrate's court which issued the warrant of arrest, shall, as soon as is expedient, together with the warrant of arrest in question, be forwarded to the clerk of the court which issued that warrant, and such clerk of the court shall thereafter, as soon as is expedient, enter the essential particulars of such admission of guilt in the criminal record book for admission of guilt, whereupon the accused concerned shall be deemed to have been convicted by the court in respect of the offence in question.
[Sub-s. (2A) inserted by s. 5 (b) of Act 33 of 1986 and substituted by s. 3 of Act 4 of 1992.
(a) If, in any case in which a warrant of arrest is issued, it was permissible for the accused in terms of section 57 to admit his guilt in respect of the summons on which he failed to appear and to pay a fine in respect thereof without appearing in court, and the accused is arrested under such warrant in the area of jurisdiction of a magistrate's court other than the magistrate's court which issued the warrant of arrest, such other magistrate's court may, notwithstanding any provision of this Act or any other law to the contrary, and if satisfied that the accused has, since the date on which he failed to appear on the summons in question, admitted his guilt in respect of that summons and has paid a fine in respect thereof without appearing in court, in a summary manner enquire into his failure to appear on such summons and, unless the accused satisfies the court that his failure was not due to any fault on his part, convict him of the offence referred to in subsection (1) and sentence him to a fine not exceeding R300 or to imprisonment for a period not exceeding three months.
[Para. (a) substituted by s. 14 of Act 59 of 1983 and by s. 5 (c) of Act 33 of 1986.
In proceedings under paragraph (a) before such other magistrate's court, it shall be presumed, upon production in such court of the relevant warrant of arrest, that the accused failed to appear on the summons in question, unless the contrary is proved.
contain an endorsement in terms of section 57 that the accused may admit his guilt in respect of the offence in question and that he may pay a stipulated fine in respect thereof without appearing in court; and contain a certificate under the hand of the peace officer that he has handed the original of such written notice to the accused and that he has explained to the accused the import thereof.
[Sub-s. (1) amended by s. 2 of Act 109 of 1984 and by s. 5 of Act 5 of 1991.
[NB: Sub-s. (1) has been substituted by s. 6 of the Judicial Matters Amendment Act 66 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
If the accused is in custody, the effect of a written notice handed to him under subsection (1) shall be that he be released forthwith from custody. [NB: Sub-s. (2) has been substituted by s. 6 of the Judicial Matters Amendment Act 66 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
The peace officer shall forthwith forward a duplicate original of the written notice to the clerk of the court which has jurisdiction.
The mere production to the court of the duplicate original referred to in subsection (3) shall be prima facie proof of the issue of the original thereof to the accused and that such original was handed to the accused.
The provisions of section 55 shall mutatis mutandis apply with reference to a written notice handed to an accused under subsection (1).
[Para. (a) substituted by s. 3 (a) of Act 109 of 1984 and by s. 6 (a) of Act 5 of 1991.
a written notice under section 56 (in this section referred to as the written notice) is handed to the accused and the endorsement in terms of paragraph (c) of subsection (1) of that section purports to have been made by a peace officer, the accused may, without appearing in court, admit his guilt in respect of the offence in question by paying the fine stipulated (in this section referred to as the admission of guilt fine) either to the clerk of the magistrate's court which has jurisdiction or at any police station within the area of jurisdiction of that court or, if the summons or written notice in question is endorsed to the effect that the fine may be paid at a specified local authority, at such local authority.
The summons or the written notice may stipulate that the admission of guilt fine shall be paid before a date specified in the summons or written notice, as the case may be.
An admission of guilt fine may be accepted by the clerk of the court concerned notwithstanding that the date referred to in paragraph (a) or the date on which the accused should have appeared in court has expired.
(i) Subject to the provisions of subparagraphs (ii) and (iii), an accused who intends to pay an admission of guilt fine in terms of subsection (1), shall surrender the summons or the written notice, as the case may be, at the time of the payment of the fine.
is available at the place of payment referred to in subsection (1), the admission of guilt fine may be accepted without the surrender of a copy of the summons or written notice, as the case may be.
If an accused in respect of whom a warrant has been endorsed in terms of section 55 (2A) intends to pay the relevant admission of guilt fine, the clerk of the court may, after he has satisfied himself that the warrant is so endorsed, accept the admission of guilt fine without the surrender of the summons, written notice or copy thereof, as the case may be.
[Para. (a) substituted by s. 2 (a) of Act 26 of 1987.
A copy referred to in paragraph (a) (ii) may be obtained by the accused at the magistrate's court, police station or local authority where the copy of the summons or written notice in question known as the control document is filed.
Notwithstanding the provisions of subsection (1), an accused referred to in paragraph (a) (iii) may pay the admission of guilt fine in question to the clerk of the court where he appears in consequence of such warrant, and if the said clerk of the court is not the clerk of the magistrate's court referred to in subsection (1), he shall transfer such admission of guilt fine to the latter clerk of the magistrate's court.
[Para. (c) substituted by s. 2 (b) of Act 26 of 1987.
[Sub-s. (3) substituted by s. 6 of Act 33 of 1986.
No provision of this section shall be construed as preventing a public prosecutor attached to the court concerned from reducing an admission of guilt fine on good cause shown.
An admission of guilt fine stipulated in respect of a summons or a written notice shall be in accordance with a determination which the magistrate of the district or area in question may from time to time make in respect of any offence or, if the magistrate has not made such a determination, in accordance with an amount determined in respect of any particular summons or any particular written notice by either a public prosecutor attached to the court of such magistrate or a police official of or above the rank of non-commissioned officer attached to a police station within the magisterial district or area in question or, in the absence of such a police official at any such police station, by the senior police official then in charge at such police station.
An admission of guilt fine determined under paragraph (a) shall not exceed the maximum of the fine prescribed in respect of the offence in question or the amount6* determined by the Minister from time to time by notice in the Gazette, whichever is the lesser.
[Para. (b) substituted by s. 3 (b) of Act 109 of 1984 and by s. 6 (b) of Act 5 of 1991.
An admission of guilt fine paid at a police station or a local authority in terms of subsection (1) and the summons or, as the case may be, the written notice surrendered under subsection (3), shall, as soon as is expedient, be forwarded to the clerk of the magistrate's court which has jurisdiction, and such clerk of the court shall thereafter, as soon as is expedient, enter the essential particulars of such summons or, as the case may be, such written notice and of any summons or written notice surrendered to the clerk of the court under subsection (3), in the criminal record book for admissions of guilt, whereupon the accused concerned shall, subject to the provisions of subsection (7), be deemed to have been convicted and sentenced by the court in respect of the offence in question.
The judicial officer presiding at the court in question shall examine the documents and if it appears to him that a conviction or sentence under subsection is not in accordance with justice or that any such sentence, except as provided in subsection (4), is not in accordance with a determination made by the magistrate under subsection (5) or, where the determination under that subsection has not been made by the magistrate, that the sentence is not adequate, such judicial officer may set aside the conviction and sentence and direct that the accused be prosecuted in the ordinary course, whereupon the accused may be summoned to answer such charge as the public prosecutor may deem fit to prefer: Provided that where the admission of guilt fine which has been paid exceeds the amount determined by the magistrate under subsection (5), the said judicial officer may, in lieu of setting aside the conviction and sentence in question, direct that the amount by which the said admission of guilt fine exceeds the said determination be refunded to the accused concerned. [NB: S. 57 has been substituted by s. 7 of the Judicial Matters Amendment Act 66 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
released on bail under section 59 or 60; or released on warning under section 72, the public prosecutor may, before the accused has entered a plea and if he or she on reasonable grounds believes that a magistrate's court, on convicting such accused of that offence, will not impose a fine exceeding the amount7* determined by the Minister from time to time by notice in the Gazette, hand to the accused a written notice, or cause such notice to be delivered to the accused by a peace officer, containing an endorsement in terms of section 57 that the accused may admit his or her guilt in respect of the offence in question and that he or she may pay a stipulated fine in respect thereof without appearing in court again. [NB: Sub-s. (1) has been substituted by s. 8 (a) of the Judicial Matters Amendment Act 66 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
of section 56 (1).
The public prosecutor shall endorse the charge-sheet to the effect that a notice contemplated in this section has been issued and he or she or the peace officer, as the case may be, shall forthwith forward a duplicate original of the notice to the clerk of the court which has jurisdiction.
The provisions of sections 55, 56 (2) and (4) and 57 (2) to (7), inclusive, shall apply mutatis mutandis to the relevant written notice handed or delivered to an accused under subsection (1) as if, in respect of section 57, such notice were the written notice contemplated in that section and as if the fine stipulated in such written notice were also the admission of guilt fine contemplated in that section. NB: Sub-s. (4) has been substituted by s. 8 (b) of the Judicial Matters Amendment Act 66 of 2008, a provision which will be put into operation by proclamation.
[S. 57A inserted by s. 1 of Act 86 of 1996.
the fact that the accused has been convicted of that offence; and the likely sentence which the court might impose.
[S. 58 amended by s. 2 of Act 85 of 1997.
An accused who is in custody in respect of any offence, other than an offence referred to in Part II or Part III of Schedule 2 may, before his or her first appearance in a lower court, be released on bail in respect of such offence by any police official of or above the rank of non-commissioned officer, in consultation with the police official charged with the investigation, if the accused deposits at the police station the sum of money determined by such police official.
[Para. (a) substituted by s. 3 of Act 26 of 1987, by s. 1 of Act 126 of 1992 and by s. 2 of Act 75 of 1995.
The police official referred to in paragraph (a) shall, at the time of releasing the accused on bail, complete and hand to the accused a recognizance on which a receipt shall be given for the sum of money deposited as bail and on which the offence in respect of which the bail is granted and the place, date and time of the trial of the accused are entered.
The said police official shall forthwith forward a duplicate original of such recognizance to the clerk of the court which has jurisdiction.
Bail granted under this section shall, if it is of force at the time of the first appearance of the accused in a lower court, but subject to the provisions of section 62, remain in force after such appearance in the same manner as bail granted by the court under section 60 at the time of such first appearance.
An attorney-general, or a prosecutor authorised thereto in writing by the attorney-general concerned, may, in respect of the offences referred to in Schedule 7 and in consultation with the police official charged with the investigation, authorise the release of an accused on bail.
For the purposes of exercising the functions contemplated in subsections (1) and (3) an attorney-general may, after consultation with the Minister, issue directives.
subject to reasonable conditions imposed by the attorney-general or prosecutor concerned; or the payment of such sum of money or the furnishing of such guarantee to pay and the imposition of such conditions.
An accused released in terms of subsection (3) shall appear on the first court day at the court and at the time determined by the attorney-general or prosecutor concerned and the release shall endure until he or she so appears before the court on the first court day.
may extend the bail on the same conditions or amend such conditions or add further conditions as contemplated in section 62; or shall, if the court does not deem it appropriate to exercise the powers contemplated in paragraph (a), consider the bail application and, in considering such application, the court has the jurisdiction relating to the powers, functions and duties in respect of bail proceedings in terms of section 60.
The provisions of section 64 with regard to the recording of bail proceedings by a court apply, with the necessary changes, in respect of bail granted in terms of this section.
For all purposes of this Act, but subject to the provisions of this section, bail granted in terms of this section shall be regarded as bail granted by a court in terms of section 60.
[S. 59A inserted by s. 3 of Act 85 of 1997.
An accused who is in custody in respect of an offence shall, subject to the provisions of section 50 (6), be entitled to be released on bail at any stage preceding his or her conviction in respect of such offence, if the court is satisfied that the interests of justice so permit.
[Para. (a) substituted by s. 9 (a) of Act 62 of 2000.
Subject to the provisions of section 50 (6) (c), the court referring an accused to any other court for trial or sentencing retains jurisdiction relating to the powers, functions and duties in respect of bail in terms of this Act until the accused appears in such other court for the first time.
[Para. (b) substituted by s. 4 (a) of Act 85 of 1997 and by s. 5 (a) of Act 34 of 1998.
If the question of the possible release of the accused on bail is not raised by the accused or the prosecutor, the court shall ascertain from the accused whether he or she wishes that question to be considered by the court.
shall, where the prosecutor does not oppose bail in respect of matters referred to in subsection (11) (a) and (b), require of the prosecutor to place on record the reasons for not opposing the bail application.
[Sub-s. (2) substituted by s. 4 (b) of Act 85 of 1997.
The court must, before reaching a decision on the bail application, take into consideration any pre-trial services report regarding the desirability of releasing an accused on bail, if such a report is available.
[Sub-s. (2A) inserted by s. 4 of Act 55 of 2003.
(a) If the court is satisfied that the interests of justice permit the release of an accused on bail as provided for in subsection (1), and if the payment of a sum of money is to be considered as a condition of bail, the court must hold a separate inquiry into the ability of the accused to pay the sum of money being considered or any other appropriate sum.
unable to pay any sum of money, the court must consider setting appropriate conditions that do not include an amount of money for the release of the accused on bail or must consider the release of the accused in terms of a guarantee as provided for in subsection (13) (b); or able to pay a sum of money, the court must consider setting conditions for the release of the accused on bail and a sum of money which is appropriate in the circumstances.
[Sub-s. (2B) inserted by s. 9 (a) of Act 66 of 2008.
If the court is of the opinion that it does not have reliable or sufficient information or evidence at its disposal or that it lacks certain important information to reach a decision on the bail application, the presiding officer shall order that such information or evidence be placed before the court.
[Para. (a) substituted by s. 4 (c) of Act 85 of 1997.
[Para. (e) added by s. 4 (d) of Act 85 of 1997.
[Sub-s. (4) amended by s. 9 (b) of 62 of 2000.
any evidence that the accused previously committed an offence referred to in Schedule 1 while released on bail; or any other factor which in the opinion of the court should be taken into account.
the binding effect and enforceability of bail conditions which may be imposed and the ease with which such conditions could be breached; or any other factor which in the opinion of the court should be taken into account.
the ease with which evidentiary material could be concealed or destroyed; or any other factor which in the opinion of the court should be taken into account.
any previous failure on the part of the accused to comply with bail conditions or any indication that he or she will not comply with any bail conditions; or any other factor which in the opinion of the court should be taken into account.
whether the release of the accused will undermine or jeopardize the public confidence in the criminal justice system; or any other factor which in the opinion of the court should be taken into account.
[Sub-s. (8A) inserted by s. 4 (e) of Act 85 of 1997.
the state of health of the accused; or any other factor which in the opinion of the court should be taken into account.
Notwithstanding the fact that the prosecution does not oppose the granting of bail, the court has the duty, contemplated in subsection (9), to weigh up the personal interests of the accused against the interests of justice.
in Schedule 5, but not in Schedule 6, the court shall order that the accused be detained in custody until he or she is dealt with in accordance with the law, unless the accused, having been given a reasonable opportunity to do so, adduces evidence which satisfies the court that the interests of justice permit his or her release.
[Sub-s. (11) substituted by s. 4 (f) of Act 85 of 1997.
(a) If the attorney-general intends charging any person with an offence referred to in Schedule 5 or 6 the attorney-general may, irrespective of what charge is noted on the charge sheet, at any time before such person pleads to the charge, issue a written confirmation to the effect that he or she intends to charge the accused with an offence referred to in Schedule 5 or 6.
The written confirmation shall be handed in at the court in question by the prosecutor as soon as possible after the issuing thereof and forms part of the record of that court.
Whenever the question arises in a bail application or during bail proceedings whether any person is charged or is to be charged with an offence referred to in Schedule 5 or 6, a written confirmation issued by an attorney-general under paragraph (a) shall, upon its mere production at such application or proceedings, be prima facie proof of the charge to be brought against that person.
[Sub-s. (11A) inserted by s. 4 (g) of Act 85 of 1997.
there are any charges pending against him or her and whether he or she has been released on bail in respect of those charges.
Where the legal adviser of an accused on behalf of the accused submits the information contemplated in paragraph (a), whether in writing or orally, the accused shall be required by the court to declare whether he or she confirms such information or not.
The record of the bail proceedings, excluding the information in paragraph (a), shall form part of the record of the trial of the accused following upon such bail proceedings: Provided that if the accused elects to testify during the course of the bail proceedings the court must inform him or her of the fact that anything he or she says, may be used against him or her at his or her trial and such evidence becomes admissible in any subsequent proceedings.
fails or refuses to comply with the provisions of paragraph (a); or furnishes the court with false information required in terms of paragraph (a), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.
[Sub-s. (11B) inserted by s. 4 (g) of Act 85 of 1997.
The court may make the release of an accused on bail subject to conditions which, in the court's opinion, are in the interests of justice.
deposit with the clerk of any magistrate's court or the registrar of any High Court, as the case may be, or with a correctional official at the correctional facility where the accused is in custody or with a police official at the place where the accused is in custody, the sum of money determined by the court in question; or shall furnish a guarantee, with or without sureties, that he or she will pay and forfeit to the State the amount that has been set as bail, or that has been increased or reduced in terms of section 63 (1), in circumstances in which the amount would, had it been deposited, have been forfeited to the State.
[Sub-s. (13) substituted by s. 9 (b) of Act 66 of 2008.
Notwithstanding anything to the contrary contained in any law, no accused shall, for the purposes of bail proceedings, have access to any information, record or document relating to the offence in question, which is contained in, or forms part of, a police docket, including any information, record or document which is held by any police official charged with the investigation in question, unless the prosecutor otherwise directs: Provided that this subsection shall not be construed as denying an accused access to any information, record or document to which he or she may be entitled for purposes of his or her trial.
[Sub-s. (14) added by s. 4 (h) of Act 85 of 1997 and amended by s. 5 (b) of Act 34 of 1998.
[S. 60 amended by s. 2 of Act 56 of 1979 and by s. 2 of Act 64 of 1982 and substituted by s. 3 of Act 75 of 1995.
[S. 61 repealed by s. 4 of Act 75 of 1995.
which provides that the accused shall be placed under the supervision of a probation officer or a correctional official.
[Para. (f) added by s. 388* of Act 122 of 1991.
Any court before which a charge is pending in respect of which bail has been granted may, upon the application of the prosecutor or the accused, increase or reduce the amount of bail determined under section 59 or 60 or amend or supplement any condition imposed under section 60 or 62, whether imposed by that court or any other court, and may, where the application is made by the prosecutor and the accused is not present when the application is made, issue a warrant for the arrest of the accused and, when the accused is present in court, determine the application.
[Sub-s. (1) substituted by s. 5 of Act 75 of 1995.
If the court referred to in subsection (1) is a superior court, an application under that subsection may be made to any judge of that court if the court is not sitting at the time of the application.
amendment of the bail conditions imposed by that court on the accused.
contain an affidavit or affirmation by the Head of Prison to the effect that he or she is satisfied that the prison population of the prison concerned is reaching such proportions that it constitutes a material and imminent threat to the human dignity, physical health or safety of the accused concerned; and contain a written certificate by the Director of Public Prosecutions concerned, or a prosecutor authorised thereto by him or her in writing, to the effect that the prosecuting authority does not oppose the application.
The accused and his or her legal representative, if any, must be notified of an application referred to in subsection (1).
The clerk of the court must, without delay, cause the application to be placed before any magistrate or regional magistrate, as the case may be, who may consider the application in chambers.
The application may be considered in the presence of the accused if the magistrate or regional magistrate deems it necessary.
order the release of the accused from custody and, if the accused is present, warn him or her to appear before a specified court at a specified time on a specified date in connection with such offence or, as the case may be, to remain in attendance at the proceedings relating to the offence in question, and the court may, at the time of such order or at any time thereafter, impose any condition referred to in section 62 in connection with such release; or reduce the amount of bail determined under section 60 and, if deemed appropriate, amend or supplement any condition imposed under section 60 or 62.
hand to the accused a certified copy of the said order or of the bail conditions as amended and explain to the accused the import thereof; and return to the clerk of the court a certificate under the hand of that official and signed by the accused, that he or she has handed the certified copy of such order or conditions to the accused and that he or she has explained to the accused the import thereof, and the mere production to the court of the said certificate shall be prima facie proof that the said certified copy was handed and explained to the accused.
The provisions of section 72 (2) (a) apply, with the necessary changes, in respect of an accused released in terms of paragraph (a) (i).
the establishment of monitoring and consultative mechanisms for bringing an application contemplated in subsection (1); and the procedure to be followed by a Head of Prison and a Director of Public Prosecutions whenever it appears that it is necessary to bring an application contemplated in subsection (1).
Any directives issued in terms of paragraph (a) must be submitted to Parliament before they take effect.
[S. 63A inserted by s. 6 of Act 42 of 2001.
The court dealing with bail proceedings as contemplated in section 50 (6) or which considers bail under section 60 or which imposes any further condition under section 62 or which, under section 63 or 63A, amends the amount of bail or amends or supplements any condition or refuses to do so, shall record the relevant proceedings in full, including the conditions imposed and any amendment or supplementation thereof, or shall cause such proceedings to be recorded in full, and where such court is a magistrate's court or a regional court, any document purporting to be an extract from the record of proceedings of that court and purporting to be certified as correct by the clerk of the court, and which sets out the conditions of bail and any amendment or supplementation thereof, shall, on its mere production in any court in which the relevant charge is pending, be prima facie proof of such conditions or any amendment or supplementation thereof.
[S. 64 substituted by s. 6 of Act 75 of 1995, by s. 5 of Act 85 of 1997 and by s. 7 of Act 42 of 2001.
An accused who considers himself aggrieved by the refusal by a lower court to admit him to bail or by the imposition by such court of a condition of bail, including a condition relating to the amount of bail money and including an amendment or supplementation of a condition of bail, may appeal against such refusal or the imposition of such condition to the superior court having jurisdiction or to any judge of that court if the court is not then sitting.
The appeal may be heard by a single judge.
A local division of the Supreme Court shall have jurisdiction to hear an appeal under paragraph (a) if the area of jurisdiction of the lower court in question or any part thereof falls within the area of jurisdiction of such local division.
An appeal shall not lie in respect of new facts which arise or are discovered after the decision against which the appeal is brought, unless such new facts are first placed before the magistrate or regional magistrate against whose decision the appeal is brought and such magistrate or regional magistrate gives a decision against the accused on such new facts.
The accused shall serve a copy of the notice of appeal on the attorney-general and on the magistrate or, as the case may be, the regional magistrate, and the magistrate or regional magistrate shall forthwith furnish the reasons for his decision to the court or judge, as the case may be.
The court or judge hearing the appeal shall not set aside the decision against which the appeal is brought, unless such court or judge is satisfied that the decision was wrong, in which event the court or judge shall give the decision which in its or his opinion the lower court should have given.
The attorney-general may appeal to the superior court having jurisdiction, against the decision of a lower court to release an accused on bail or against the imposition of a condition of bail as contemplated in section 65 (1) (a).
The provisions of section 310A in respect of an application or appeal referred to in that section by an attorney-general, and the provisions of section 65 (1) (b) and (c) and (2), (3) and (4) in respect of an appeal referred to in that section by an accused, shall apply mutatis mutandis with reference to a case in which the attorney-general appeals in terms of paragraph (a) of this subsection.
The attorney-general may appeal to the Appellate Division against a decision of a superior court to release an accused on bail.
The provisions of section 316 in respect of an application or appeal referred to in that section by an accused, shall apply mutatis mutandis with reference to a case in which the attorney-general appeals in terms of paragraph (a) of this subsection.
Upon an appeal in terms of paragraph (a) or an application referred to in paragraph (b) brought by an attorney-general, the court may order that the State pay the accused concerned the whole or any part of the costs to which the accused may have been put in opposing the appeal or application, taxed according to the scale in civil cases of that court.
If the appeal of the attorney-general in terms of subsection (1) (a) or (2) (a) is successful, the court hearing the appeal shall issue a warrant for the arrest of the accused.
[S. 65A inserted by s. 7 of Act 75 of 1995.
If an accused is released on bail subject to any condition imposed under section 60 or 62, including any amendment or supplementation under section 63 of a condition of bail, and the prosecutor applies to the court before which the charge with regard to which the accused has been released on bail is pending, to lead evidence to prove that the accused has failed to comply with such condition, the court shall, if the accused is present and denies that he or she failed to comply with such condition or that his or her failure to comply with such condition was due to fault on his or her part, proceed to hear such evidence as the prosecutor and the accused may place before it.
[Sub-s. (1) substituted by s. 8 of Act 75 of 1995.
If the accused is not present when the prosecutor applies to the court under subsection (1), the court may issue a warrant for the arrest of the accused, and shall, when the accused appears before the court and denies that he failed to comply with the condition in question or that his failure to comply with such condition was due to fault on his part, proceed to hear such evidence as the prosecutor and the accused may place before it.
If the accused admits that he failed to comply with the condition in question or if the court finds that he failed to comply with such condition, the court may, if it finds that the failure by the accused was due to fault on his part, cancel the bail and declare the bail money forfeited to the State.
The proceedings and the evidence under this section shall be recorded.
appointed for his trial; or to which the proceedings relating to the offence in respect of which the accused is released on bail are adjourned; or fails to remain in attendance at such trial or at such proceedings, the court before which the matter is pending shall declare the bail provisionally cancelled and the bail money provisionally forfeited to the State, and issue a warrant for the arrest of the accused.
If the accused appears before court within fourteen days of the issue under subsection (1) of the warrant of arrest, the court shall confirm the provisional cancellation of the bail and the provisional forfeiture of the bail money, unless the accused satisfies the court that his failure under subsection (1) to appear or to remain in attendance was not due to fault on his part.
If the accused satisfies the court that his failure was not due to fault on his part, the provisional cancellation of the bail and the provisional forfeiture of the bail money shall lapse.
If the accused does not appear before court within fourteen days of the issue under subsection (1) of the warrant of arrest or within such extended period as the court may on good cause determine, the provisional cancellation of the bail and the provisional forfeiture of the bail money shall become final.
The court may receive such evidence as it may consider necessary to satisfy itself that the accused has under subsection (1) failed to appear or failed to remain in attendance, and such evidence shall be recorded.
Any person who has been released on bail and who fails without good cause to appear on the date and at the place determined for his or her appearance, or to remain in attendance until the proceedings in which he or she must appear have been disposed of, or who fails without good cause to comply with a condition of bail imposed by the court in terms of section 60 or 62, including an amendment or supplementation thereof in terms of section 63, shall be guilty of an offence and shall on conviction be liable to a fine or to imprisonment not exceeding one year.
[S. 67A inserted by s. 9 of Act 75 of 1995.
further evidence has since become available or factors have arisen, including the fact that the accused has furnished false information in the bail proceedings, which might have affected the decision to grant bail; or it is in the interests of justice to do so, issue a warrant for the arrest of the accused and make such order as it may deem proper, including an order that the bail be cancelled and that the accused be committed to prison until the conclusion of the relevant criminal proceedings.
further evidence has since become available or factors have arisen, including the fact that the accused has furnished false information in the bail proceedings, which might have affected the decision to release the accused on bail; or it is in the interests of justice to do so, issue a warrant for the arrest of the accused, and may, if satisfied that the ends of justice may be defeated if the accused is not placed in custody, cancel the bail and commit the accused to prison, which committal shall remain of force until the conclusion of the relevant criminal proceedings unless the court before which the proceedings are pending sooner reinstates the bail.
[S. 68 substituted by s. 10 of Act 75 of 1995 and by s. 6 of Act 85 of 1997.
Any court before which a charge is pending in respect of which the accused has been released on bail may, upon application by the accused, cancel the bail and refund the bail money if the accused is in custody on any other charge or is serving a sentence.
[S. 68A inserted by s. 15 of Act 59 of 1983.
No provision of section 59 or 60 shall prevent the payment by any person, other that the accused, of bail money for the benefit of the accused.
Bail money, whether deposited by an accused or any other person for the benefit of the accused, shall, notwithstanding that such bail money or any part thereof may have been ceded to any person, be refunded only to the accused or the depositor, as the case may be.
No person shall be allowed to deposit for the benefit of an accused any bail money in terms of this section if the official concerned has reason to believe that such person, at any time before or after depositing such bail money, has been indemnified or will be indemnified by any person in any manner against loss of such bail money or that he has received or will receive any financial benefit in connection with the deposit of such bail money.
The Minister or any officer acting under his or her authority or the court concerned may remit the whole or any part of any bail money forfeited under section 66 or 67.
[S. 70 substituted by s. 11 of Act 75 of 1995.
[S. 71 substituted by s. 4 of Act 26 of 1987 and by s. 399* of Act 122 of 1991 and repealed by s. 99 (1) of Act 75 of 2008.
release the accused from custody and warn him to appear before a specified court at a specified time on a specified date in connection with such offence or, as the case may be, to remain in attendance at the proceedings relating to the offence in question, and the said court may, at the time of such release or at any time thereafter, impose any condition referred to in section 62 in connection with such release.
[Para. (a) substituted by s. 7 (a) of Act 33 of 1986.
[Para. (b) substituted by s. 7 (b) of Act 33 of 1986 and deleted by s. 99 (1) of Act 75 of 2008.
[Sub-s. (1) amended by s. 5 of Act 26 of 1987, by s. 2 of Act 126 of 1992 and by s. 99 (1) of Act 75 of 2008.
An accused who is released under subsection (1) (a) and who fails to appear or, as the case may be, to remain in attendance at the proceedings in accordance with a warning under that paragraph, or who fails to comply with a condition imposed under subsection (1) (a), shall be guilty of an offence and liable to the punishment prescribed under subsection (4).
[Para. (b) deleted by s. 99 (1) of Act 75 of 2008.
[Sub-s. (2) substituted by s. 7 (c) of Act 33 of 1986.
A police official who releases an accused under subsection (1) (a) shall, at the time of releasing the accused, complete and hand to the accused and, in the case of subsection (1) (b), to the person in whose custody the accused is, a written notice on which shall be entered the offence in respect of which the accused is being released and the court before which and the time at which and the date on which the accused shall appear.
A court which releases an accused under subsection (1) shall, at the time of releasing the accused, record or cause the relevant proceedings to be recorded in full, and where such court is a magistrate's court or a regional court, any document purporting to be an extract from the record of proceedings of that court and purporting to be certified as correct by the clerk of the court and which sets out the warning relating to the court before which, the time at which and the date on which the accused is to appear or the conditions on which he was released, shall, on its mere production in any court in which the relevant charge is pending, be prima facie proof of such warning.
[Para. (b) substituted by s. 7 (d) of Act 33 of 1986.
The court may, if satisfied that an accused referred to in subsection (2) (a) or a person referred to in subsection (2) (b), was duly warned in terms of paragraph (a) or, as the case may be, paragraph (b) of subsection (1), and that such accused or such person has failed to comply with such warning or to comply with a condition imposed, issue a warrant for his arrest, and may, when he is brought before the court, in a summary manner enquire into his failure and, unless such accused or such person satisfies the court that10* his failure was not due to fault on his part, sentence him to a fine not exceeding R300 or to imprisonment for a period not exceeding three months.
[Sub-s. (4) substituted by s. 7 (e) of Act 33 of 1986.
Notwithstanding the provisions of section 72 (4), the provisions of section 68 (1) and (2) in respect of an accused who has been granted bail, are, with the necessary changes, applicable in respect of an accused who has been released on warning.
[S. 72A inserted by s. 7 of Act 85 of 1997.
An accused who is arrested, whether with or without warrant, shall, subject to any law relating to the management of prisons, be entitled to the assistance of his legal adviser as from the time of his arrest.
An accused shall be entitled to be represented by his legal adviser at criminal proceedings, if such legal adviser is not in terms of any law prohibited from appearing at the proceedings in question.
at his or her first appearance in court, be informed of his or her right to be represented at his or her own expense by a legal adviser of his or her own choice and if he or she cannot afford legal representation, that he or she may apply for legal aid and of the institutions which he or she may approach for legal assistance. [Sub-s. (2A) inserted by s. 2 of Act 86 of 1996.] (2B) Every accused shall be given a reasonable opportunity to obtain legal assistance. [Sub-s. (2B) inserted by s. 2 of Act 86 of 1996.] (2C) If an accused refuses or fails to appoint a legal adviser of his or her own choice within a reasonable time and his or her failure to do so is due to his or her own fault, the court may, in addition to any order which it may make in terms of section 342A, order that the trial proceed without legal representation unless the court is of the opinion that that would result in substantial injustice, in which event the court may, subject to the Legal Aid Act, 1969 (Act 22 of 1969), order that a legal adviser be assigned to the accused at the expense of the State: Provided that the court may order that the costs of such representation be recovered from the accused: Provided further that the accused shall not be compelled to appoint a legal adviser if he or she prefers to conduct his or her own defence.
[Sub-s. (2C) inserted by s. 2 of Act 86 of 1996.
In addition to the provisions of sections 3 (g), 38 (2), 44 (1) (b) and 65 of the Child Justice Act, 2008, relating to the assistance of an accused who is under the age of eighteen years by his or her parent or an appropriate adult at criminal proceedings, any accused who, in the opinion of the court, requires the assistance of another person at criminal proceedings, may, with the permission of the court, be so assisted at such proceedings.
[Sub-s. (3) substituted by s. 99 (1) of Act 75 of 2008.
[S. 74 amended by s. 8 of Act 33 of 1986 and repealed by s. 99 (1) of Act 75 of 2008.
If an accused appears in a court which does not have jurisdiction to try the case, the accused shall at the request of the prosecutor be referred to a court having jurisdiction.
any other court which has jurisdiction and which has been designated by the attorney-general or any person authorized thereto by the attorney-general, whether in general or in any particular case, for the purposes of such summary trial.
[Para. (c) substituted by s. 9 of Act 33 of 1986.
magnitude that it merits punishment in excess of the jurisdiction of a magistrate's court but not of the jurisdiction of a regional court, the court shall if so requested by the prosecutor refer the accused to the regional court for summary trial without the accused having to plead to the relevant charge.
[Para. (b) added by s. 3 of Act 86 of 1996.
The court before whom an accused appears for the purposes of a bail application shall, at the conclusion of the bail proceedings or at any stage thereafter, but before the accused has pleaded, refer such accused to a court designated by the prosecutor for purposes of trial.
[Sub-s. (3) added by s. 8 of Act 85 of 1997.
[S. 75 substituted by s. 3 of Act 56 of 1979.
Unless an accused has been summoned to appear before the court, the proceedings at a summary trial in a lower court shall be commenced by lodging a charge-sheet with the clerk of the court, and, in the case of a superior court, by serving an indictment referred to in section 144 on the accused and the lodging thereof with the registrar of the court concerned.
The charge-sheet shall in addition to the charge against the accused include the name and, where known and where applicable, the address and description of the accused with regard to sex, nationality and age.
[Sub-s. (2) substituted by s. 13 of Act 139 of 1992.
The court shall keep a record of the proceedings, whether in writing or mechanical, or shall cause such record to be kept, and the charge-sheet, summons or indictment shall form part thereof.
Such record may be proved in a court by the mere production thereof or of a copy thereof in terms of section 235.
Where the correctness of any such record is challenged, the court in which the record is challenged may, in order to satisfy itself whether any matter was correctly recorded or not, either orally or on affidavit hear such evidence as it may deem necessary.
If it appears to the court at any stage of criminal proceedings that the accused is by reason of mental illness or mental defect not capable of understanding the proceedings so as to make a proper defence, the court shall direct that the matter be enquired into and be reported on in accordance with the provisions of section 79.
At proceedings in terms of sections 77 (1) and 78 (2) the court may, if it is of the opinion that substantial injustice would otherwise result, order that the accused be provided with the services of a legal practitioner in terms of section 3 of the Legal Aid Amendment Act, 1996 (Act 20 of 1996).
[Sub-s. (1A) inserted by s. 3 (a) of Act 68 of 1998.
If the finding contained in the relevant report is the unanimous finding of the persons who under section 79 enquired into the mental condition of the accused and the finding is not disputed by the prosecutor or the accused, the court may determine the matter on such report without hearing further evidence.
If the said finding is not unanimous or, if unanimous, is disputed by the prosecutor or the accused, the court shall determine the matter after hearing evidence, and the prosecutor and the accused may to that end present evidence to the court, including the evidence of any person who under section 79 enquired into the mental condition of the accused.
Where the said finding is disputed, the party disputing the finding may subpoena and cross-examine any person who under section 79 has enquired into the mental condition of the accused.
If the court finds that the accused is capable of understanding the proceedings so as to make a proper defence, the proceedings shall be continued in the ordinary way.
and if the court so directs after the accused has pleaded to the charge, the accused shall not be entitled under section 106 (4) to be acquitted or to be convicted in respect of the charge in question.
If the court makes a finding in terms of paragraph (a) after the accused has been convicted of the offence charged but before sentence is passed, the court shall set the conviction aside, and if the accused has pleaded guilty it shall be deemed that he has pleaded not guilty.
[Sub-s. (6) substituted by s. 10 of Act 33 of 1986, amended by s. 9 of Act 51 of 1991, by s. 42 (a) of Act 129 of 1993, by s. 3 (b) of Act 68 of 1998 and by s. 12 of Act 55 of 2002 and substituted by s. 68 of Act 32 of 2007.
Where a direction is issued in terms of subsection (6) or (9), the accused may at any time thereafter, when he or she is capable of understanding the proceedings so as to make a proper defence, be prosecuted and tried for the offence in question.
[Sub-s. (7) amended by s. 9 of Act 51 of 1991 and substituted by s. 42 (b) of Act 129 of 1993 and by s. 3 (c) of Act 68 of 1998.
under subsection (6) and against whom the finding is not made in consequence of an allegation by the accused under subsection (1), may appeal against such finding.
Such an appeal shall be made in the same manner and subject to the same conditions as an appeal against a conviction by the court for an offence.
Where an appeal against a finding in terms of subsection (5) is allowed, the court of appeal shall set aside the conviction and sentence and direct that the person concerned be detained in accordance with the provisions of subsection (6).
[Sub-s. (9) amended by s. 9 of Act 51 of 1991 and substituted by s. 42 (c) of Act 129 of 1993 and by s. 3 (d) of Act 68 of 1998.
Where an appeal against a finding under subsection (6) is allowed, the court of appeal shall set aside the direction issued under that subsection and remit the case to the court which made the finding, whereupon the relevant proceedings shall be continued in the ordinary way.
A person who commits an act or makes an omission which constitutes an offence and who at the time of such commission or omission suffers from a mental illness or mental defect which makes him or her incapable of appreciating the wrongfulness of his or her act or omission; or of acting in accordance with an appreciation of the wrongfulness of his or her act or omission, shall not be criminally responsible for such act or omission.
[Sub-s. (1) substituted by s. 5 (a) of Act 68 of 1998.
Every person is presumed not to suffer from a mental illness or mental defect so as not to be criminally responsible in terms of section 78 (1), until the contrary is proved on a balance of probabilities.
[Sub-s. (1A) inserted by s. 5 (b) of Act 68 of 1998.
Whenever the criminal responsibility of an accused with reference to the commission of an act or an omission which constitutes an offence is in issue, the burden of proof with reference to the criminal responsibility of the accused shall be on the party who raises the issue.
[Sub-s. (1B) inserted by s. 5 (b) of Act 68 of 1998.
If it is alleged at criminal proceedings that the accused is by reason of mental illness or mental defect or for any other reason not criminally responsible for the offence charged, or if it appears to the court at criminal proceedings that the accused might for such a reason not be so responsible, the court shall in the case of an allegation or appearance of mental illness or mental defect, and may, in any other case, direct that the matter be enquired into and be reported on in accordance with the provisions of section 79.
[Sub-s. (2) substituted by s. 5 (c) of Act 68 of 1998.
If the finding contained in the relevant report is the unanimous finding of the persons who under section 79 enquired into the relevant mental condition of the accused, and the finding is not disputed by the prosecutor or the accused, the court may determine the matter on such report without hearing further evidence.
Where the said finding is disputed, the party disputing the finding may subpoena and cross-examine any person who under section 79 enquired into the mental condition of the accused.
[Sub-s. (6) substituted by s. 11 of Act 33 of 1986, amended by s. 9 of Act 51 of 1991 and by s. 43 of Act 129 of 1993 and substituted by s. 5 (d) of Act 68 of 1998, by s. 13 of Act 55 of 2002 and by s. 68 of Act 32 of 2007.
If the court finds that the accused at the time of the commission of the act in question was criminally responsible for the act but that his capacity to appreciate the wrongfulness of the act or to act in accordance with an appreciation of the wrongfulness of the act was diminished by reason of mental illness or mental defect, the court may take the fact of such diminished responsibility into account when sentencing the accused.
An accused against whom a finding is made under subsection (6) may appeal against such finding if the finding is not made in consequence of an allegation by the accused under subsection (2).
Where an appeal against a finding under subsection (6) is allowed, the court of appeal shall set aside the finding and the direction under that subsection and remit the case to the court which made the finding, whereupon the relevant proceedings shall be continued in the ordinary course.
by a clinical psychologist where the court so directs.
[Sub-s. (1) amended by s. 44 of Act 129 of 1993 and by s. 28 of Act 105 of 1997 and substituted by s. 6 (a) of Act 68 of 1998, by s. 68 of Act 32 of 2007 and by s. 10 (a) of Act 66 of 2008.
in so far as it is within the knowledge of the prosecutor, the accused's social background and family composition and the names and addresses of his or her near relatives; and any other fact that may in the opinion of the prosecutor be relevant in the evaluation of the accused's mental condition or mental capacity.
[Sub-s. (1A) inserted by s. 6 (b) of Act 68 of 1998.
The court may for the purposes of the relevant enquiry commit the accused to a psychiatric hospital or to any other place designated by the court, for such periods, not exceeding thirty days at a time, as the court may from time to time determine, and where an accused is in custody when he is so committed, he shall, while he is so committed, be deemed to be in the lawful custody of the person or the authority in whose custody he was at the time of such committal.
When the period of committal is for the first time extended under paragraph (a), such extension may be granted in the absence of the accused unless the accused or his legal representative requests otherwise.
[Para. (b) added by s. 4 of Act 4 of 1992.
any other order.
[Para. (c) added by s. 6 (c) of Act 68 of 1998.
[Sub-s. (2) amended by s. 44 of Act 129 of 1993.
The relevant report shall be in writing and shall be submitted in triplicate to the registrar or, as the case may be, the clerk of the court in question, who shall make a copy thereof available to the prosecutor and the accused.
The report shall include a description of the nature of the enquiry; and include a diagnosis of the mental condition of the accused; and if the enquiry is under section 77 (1), include a finding as to whether the accused is capable of understanding the proceedings in question so as to make a proper defence; or if the enquiry is in terms of section 78 (2), include a finding as to the extent to which the capacity of the accused to appreciate the wrongfulness of the act in question or to act in accordance with an appreciation of the wrongfulness of that act was, at the time of the commission thereof, affected by mental illness or mental defect or by any other cause.
[Para. (d) substituted by s. 6 (d) of Act 68 of 1998.
If the persons conducting the relevant enquiry are not unanimous in their finding under paragraph (c) or (d) of subsection (4), such fact shall be mentioned in the report and each of such persons shall give his finding on the matter in question.
Subject to the provisions of subsection (7), the contents of the report shall be admissible in evidence at criminal proceedings.
A statement made by an accused at the relevant enquiry shall not be admissible in evidence against the accused at criminal proceedings, except to the extent to which it may be relevant to the determination of the mental condition of the accused, in which event such statement shall be admissible notwithstanding that it may otherwise be inadmissible.
A psychiatrist and a clinical psychologist appointed under subsection (1), other than a psychiatrist and a clinical psychologist appointed for the accused, shall, subject to the provisions of subsection (10), be appointed from the list of psychiatrists and clinical psychologists referred to in subsection (9) (a).
[Sub-s. (8) substituted by s. 8 (a) of Act 42 of 2001.
286A (3), and shall provide the registrars of the High Courts and all clerks of magistrate's courts with a copy thereof.
[Sub-s. (9) substituted by s. 17 of Act 116 of 1993 and by s. 8 (b) of Act 42 of 2001.
Where the list compiled and kept under subsection (9) (a) does not include a sufficient number of psychiatrists and clinical psychologists who may conveniently be appointed for any enquiry under this section, a psychiatrist and clinical psychologist may be appointed for the purposes of such enquiry notwithstanding that his or her name does not appear on such list.
[Sub-s. (10) substituted by s. 8 (c) of Act 42 of 2001.
(11)11* (a) A psychiatrist or clinical psychologist designated or appointed under subsection (1) by or at the request of the court to enquire into the mental condition of an accused and who is not in the full-time service of the State, shall be compensated for his or her services in connection with the enquiry from public funds in accordance with a tariff12* determined by the Minister in consultation with the Minister of Finance.
A psychiatrist appointed under subsection (1) (b) (iii) for the accused to enquire into the mental condition of the accused and who is not in the full-time service of the State, shall be compensated for his or her services from public funds in the circumstances and in accordance with a tariff determined by the Minister in consultation with the Minister of Finance.
[Sub-s. (11) substituted by s. 8 (d) of Act 42 of 2001.
For the purposes of this section a psychiatrist or a clinical psychologist means a person registered as a psychiatrist or a clinical psychologist under the Health Professions Act, 1974 (Act 56 of 1974).
[Sub-s. (12) substituted by s. 8 (e) of Act 42 of 2001.
The National Director of Public Prosecutions must, in consultation with the Minister, issue directives regarding the cases and circumstances in which a prosecutor must apply to the court for the appointment of a psychiatrist as provided for in subsection (1) (b) (ii) and any directive so issued must be observed in the application of this section.
The Minister must submit any directives issued under this subsection to Parliament before those directives take effect, and the first directives so issued, must be submitted to Parliament within four months of the commencement of this subsection.
Any directive issued under this subsection may be amended or withdrawn in like manner.
[Sub-s. (13) added by s. 10 (b) of Act 66 of 2008.
An accused may examine the charge at any stage of the relevant criminal proceedings.
Any number of charges may be joined in the same proceedings against an accused at any time before any evidence has been led in respect of any particular charge, and where several charges are so joined, each charge shall be numbered consecutively.
The court may, if in its opinion it will be in the interests of justice to do so, direct that an accused be tried separately in respect of any charge joined with any other charge.
An order under paragraph (a) may be made before or during a trial, and the effect thereof shall be that the charge in respect of which an accused is not then tried, shall be proceeded with in all respects as if the accused had in respect thereof been charged separately.
Where an accused is in the same proceedings charged with more than one offence, and any one charge is for any reason to be disposed of by a regional court or a superior court, all the charges shall be disposed of by the same court in the same proceedings.
If by reason of any uncertainty as to the facts which can be proved or if for any other reason it is doubtful which of several offences is constituted by the facts which can be proved, the accused may be charged with the commission of all or any of such offences, and any number of such charges may be tried at once, or the accused may be charged in the alternative with the commission of any number of such offences.
Subject to the provisions of this Act and of any other law relating to any particular offence, a charge shall set forth the relevant offence in such manner and with such particulars as to the time and place at which the offence is alleged to have been committed and the person, if any, against whom and the property, if any, in respect of which the offence is alleged to have been committed, as may be reasonably sufficient to inform the accused of the nature of the charge.
Where any of the particulars referred to in subsection (1) are unknown to the prosecutor it shall be sufficient to state that fact in the charge.
In criminal proceedings the description of any statutory offence in the words of the law creating the offence, or in similar words, shall be sufficient.
[Para. (d) amended by s. 14 of Act 139 of 1992.
that the accused is not correctly named or described in the charge: Provided that the accused shall give reasonable notice to the prosecution of his intention to object to the charge and shall state the ground upon which he bases his objection: Provided further that the requirement of such notice may be waived by the attorney-general or the prosecutor, as the case may be, and the court may, on good cause shown, dispense with such notice or adjourn the trial to enable such notice to be given.
If the court decides that an objection under subsection (1) is well-founded, the court shall make such order relating to the amendment of the charge or the delivery of particulars as it may deem fit.
Where the prosecution fails to comply with an order under paragraph (a), the court may quash the charge.
Where a charge is defective for the want of any essential averment therein, or where there appears to be any variance between any averment in a charge and the evidence adduced in proof of such averment, or where it appears that words or particulars that ought to have been inserted in the charge have been omitted therefrom, or where any words or particulars that ought to have been omitted from the charge have been inserted therein, or where there is any other error in the charge, the court may, at any time before judgment, if it considers that the making of the relevant amendment will not prejudice the accused in his defence, order that the charge, whether it discloses an offence or not, be amended, so far as it is necessary, both in that part thereof where the defect, variance, omission, insertion or error occurs and in any other part thereof which it may become necessary to amend.
The amendment may be made on such terms as to an adjournment of the proceedings as the court may deem fit.
Upon the amendment of the charge in accordance with the order of the court, the trial shall proceed at the appointed time upon the amended charge in the same manner and with the same consequences as if it had been originally in its amended form.
The fact that a charge is not amended as provided in this section, shall not, unless the court refuses to allow the amendment, affect the validity of the proceedings thereunder.
An accused may at any stage before any evidence in respect of any particular charge has been led, in writing request the prosecution to furnish particulars or further particulars of any matter alleged in that charge, and the court before which a charge is pending may at any time before any evidence in respect of that charge has been led, direct that particulars or further particulars be delivered to the accused of any matter alleged in the charge, and may, if necessary, adjourn the proceedings in order that such particulars may be delivered: Provided that the provisions of this subsection shall not apply at the stage when an accused is required in terms of section 119 or 122A to plead to a charge in the magistrate's court.
[Sub-s. (1) amended by s. 15 of Act 139 of 1992.
The particulars shall be delivered to the accused without charge and shall be entered in the record, and the trial shall proceed as if the charge had been amended in conformity with such particulars.
In determining whether a particular is required or whether a defect in the indictment before a superior court is material to the substantial justice of the case, the court may have regard to the summary of the substantial facts under paragraph of section 144 (3) or, as the case may be, the record of the preparatory examination.
Where a charge is defective for the want of an averment which is an essential ingredient of the relevant offence, the defect shall, unless brought to the notice of the court before judgement, be cured by evidence at the trial proving the matter which should have been averred.
Except where the fact of a previous conviction is an element of any offence with which an accused is charged, it shall not in any charge be alleged that an accused has previously been convicted of any offence, whether in the Republic or elsewhere.
In criminal proceedings any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany in the same section the description of the offence in the law creating the offence, may be proved by the accused but need not be specified or negatived in the charge and, if so specified or negatived, need not be proved by the prosecution.
A charge need not set out the manner in which or the means or instrument by which any act was done, unless the manner, means or instrument is an essential element of the relevant offence.
for want of the statement of the value or price of any matter or thing, or the amount of damage, injury or spoil in any case where the value or price or the amount of damage, injury or spoil is not of the essence of the offence.
if the court considers that the accused is likely to be prejudiced thereby in his defence on the merits, it shall reject such proof, and the accused shall be deemed not to have pleaded to the charge.
If the defence of an accused is an alibi and the court before which the proceedings are pending is of the opinion that the accused may be prejudiced in making such defence if proof is admitted that the act or offence in question was committed on a day or at a time other than the day or time stated in the charge, the court shall reject such proof notwithstanding that the day or time in question is within a period of three months before or after the day or time stated in the charge, whereupon the same consequences shall follow as are mentioned in proviso (b) of section 92 (2).
Where it is alleged that an accused on divers occasions during any period committed an offence in respect of any particular person, the accused may be charged in one charge with the commission of that offence on divers occasions during a stated period.
A charge relating to a testamentary instrument need not allege that the instrument is the property of any person.
A charge relating to anything fixed in a square, street or open place or in a place dedicated to public use or ornament, or relating to anything in a public place or office or taken therefrom, need not allege that the thing in question is the property of any person.
A charge relating to a document which is the evidence of title to land or of an interest in land may describe the document as being the evidence of the title of the person or of one of the persons having an interest in the land to which the document relates, and shall describe the land or any relevant part thereof in a manner sufficient to identify it.
A charge relating to the theft of anything leased to the accused may describe the thing in question as the property of the person who leased it to the accused.
A charge against a person in the public service for an offence committed in connection with anything which came into his possession by virtue of his employment may describe the thing in question as the property of the State.
A charge relating to anything in the possession or under the control of any public officer may describe the thing in question as being in the lawful possession or under the lawful control of such officer without referring to him by name.
A charge relating to movable or immovable property whereof any body corporate has by law the management, control or custody, may describe the property in question as being under the lawful management or control or in the lawful custody of the body corporate in question.
If it is uncertain to which of two or more persons property in connection with which an offence has been committed belonged at the time when the offence was committed, the relevant charge may describe the property as the property of one or other of those persons, naming each of them but without specifying which of them, and it shall be sufficient at the trial to prove that at the time when the offence was committed the property belonged to one or other of those persons without proving which of them.
If property alleged to have been stolen was not in the physical possession of the owner thereof at the time when the theft was committed but in the physical possession of another person who had the custody thereof on behalf of the owner, it shall be sufficient to allege in a charge for the theft of that property that it was in the lawful custody or under the lawful control of that other person.
A charge relating to theft from any grave need not allege that anything in the grave is the property of any person.
In a charge in which any trade mark or forged trade mark is proposed to be mentioned, it shall be sufficient, without further description and without any copy or facsimile, to state that such trade mark or forged trade mark is a trade mark or forged trade mark.
A charge relating to housebreaking or the entering of any house or premises with intent to commit an offence, whether the charge is brought under the common law or any statute, may state either that the accused intended to commit a specified offence or that the accused intended to commit an offence to the prosecutor unknown.
A reference in a charge to a company, firm or partnership shall be sufficient if the reference is to the name of the company, firm or partnership.
A reference in a charge to joint owners of property shall be sufficient if the reference is to one specific owner and another owner or, as the case may be, other owners.
It shall be sufficient in a charge of murder to allege that the accused unlawfully and intentionally killed the deceased, and it shall be sufficient in a charge of culpable homicide to allege that the accused unlawfully killed the deceased.
In any charge relating to the forging, uttering, stealing, destroying or concealing of, or to some other unlawful dealing with any document, it shall be sufficient to describe the document by any name or designation by which it is usually known or by the purport thereof, without setting out any copy or facsimile thereof or otherwise describing it or stating its value.
Whenever it is necessary in any case not referred to in subsection (1) to make any allegation in any charge in relation to any document, whether it consists wholly or in part of writing, print or figures, it shall be sufficient to describe the document by any name or designation by which it is usually known or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof, unless the wording of the document is an element of the offence.
On a charge alleging the theft of money or property by a person entrusted with the control thereof, the charge may allege a general deficiency in a stated amount, notwithstanding that such general deficiency is made up of specific sums of money or articles or of a sum of money representing the value of specific articles, the theft of which extended over a period.
need not allege, nor need it be established at the trial, that the false evidence or statement was material to any issue at the relevant proceedings or that it was to the prejudice of any person.
A charge relating to the giving or the procuring or attempted procuring of false evidence need not allege the jurisdiction or state the nature of the authority of the court or tribunal before which or the officer before whom the false evidence was given or was intended or proposed to be given.
A charge relating to insolvency need not set forth any debt, act of insolvency or adjudication or any other proceeding in any court, or any order made or any warrant or document issued by or under the authority of any court.
In any charge in which it is necessary to allege that the accused performed an act with an intent to defraud, it shall be sufficient to allege and to prove that the accused performed the act with intent to defraud without alleging and proving that it was the intention of the accused to defraud any particular person, and such a charge need not mention the owner of any property involved or set forth the details of any deceit.
A charge of printing, publishing, manufacturing, making or producing blasphemous, seditious, obscene or defamatory matter, or of distributing, displaying, exhibiting, selling or offering or keeping for sale any obscene book, pamphlet, newspaper or other printed or written matter, shall not be open to objection or be deemed insufficient on the ground that it does not set out the words thereof: Provided that the court may order that particulars shall be furnished by the prosecution stating what passages in such book, pamphlet, newspaper, printing or writing are relied upon in support of the charge.
The charge shall be put to the accused by the prosecutor before the trial of the accused is commenced, and the accused shall, subject to the provisions of sections 77, 85 and 105A, be required by the court forthwith to plead thereto in accordance with section 106.
[S. 105 substituted by s. 1 of Act 62 of 2001.
if applicable, an award for compensation as contemplated in section 300.
the contents of the agreement; and (bb) the inclusion in the agreement of a condition relating to compensation or the rendering to the complainant of some specific benefit or service in lieu of compensation for damage or pecuniary loss.
The requirements of paragraph (b) (i) may be dispensed with if the prosecutor is satisfied that consultation with the person charged with the investigation of the case will delay the proceedings to such an extent that it could cause substantial prejudice to the prosecution, the accused, the complainant or his or her representative; and affect the administration of justice adversely.
be signed by the prosecutor, the accused and his or her legal representative; and if the accused has negotiated with the prosecutor through an interpreter, contain a certificate by the interpreter to the effect that he or she interpreted accurately during the negotiations and in respect of the contents of the agreement.
The court shall not participate in the negotiations contemplated in subsection (1).
require the accused to confirm that such an agreement has been entered into; and satisfy itself that the requirements of subsection (1) (b) (i) and (iii) have been complied with.
If the court is not satisfied that the agreement complies with the requirements of subsection (1) (b) (i) and (iii), the court shall inform the prosecutor and the accused of the reasons for noncompliance; and afford the prosecutor and the accused the opportunity to comply with the requirements concerned.
If the court is satisfied that the agreement complies with the requirements of subsection (1) (b) (i) and (iii), the court shall require the accused to plead to the charge and order that the contents of the agreement be disclosed in court.
the agreement was entered into freely and voluntarily in his or her sound and sober senses and without having been unduly influenced.
for any other reason, the court is of the opinion that the plea of guilty by the accused should not stand, record a plea of not guilty and inform the prosecutor and the accused of the reasons therefor.
If the court has recorded a plea of not guilty, the trial shall start de novo before another presiding officer: Provided that the accused may waive his or her right to be tried before another presiding officer.
If the court is satisfied that the accused admits the allegations in the charge and that he or she is guilty of the offence in respect of which the agreement was entered into, the court shall proceed to consider the sentence agreement.
must, if the offence concerned is an offence- (aa) referred to in the Schedule to the Criminal Law Amendment Act, 1997 (Act 105 of 1997); or (bb) for which a minimum penalty is prescribed in the law creating the offence, have due regard to the provisions of that Act or law.
If the court is satisfied that the sentence agreement is just, the court shall inform the prosecutor and the accused that the court is so satisfied, whereupon the court shall convict the accused of the offence charged and sentence the accused in accordance with the sentence agreement.
If the court is of the opinion that the sentence agreement is unjust, the court shall inform the prosecutor and the accused of the sentence which it considers just.
abide by the agreement with reference to the charge and inform the court that, subject to the right to lead evidence and to present argument relevant to sentencing, the court may proceed with the imposition of sentence; or withdraw from the agreement.
If the prosecutor and the accused abide by the agreement as contemplated in paragraph (b) (i), the court shall convict the accused of the offence charged and impose the sentence which it considers just.
If the prosecutor or the accused withdraws from the agreement as contemplated in paragraph (b) (ii), the trial shall start de novo before another presiding officer: Provided that the accused may waive his or her right to be tried before another presiding officer.
the prosecutor and the accused may not enter into a plea and sentence agreement in respect of a charge arising out of the same facts; and the prosecutor may proceed on any charge.
The National Director of Public Prosecutions, in consultation with the Minister, shall issue directives regarding all matters which are reasonably necessary or expedient to be prescribed in order to achieve the objects of this section and any directive so issued shall be observed in the application of this section.
must ensure that adequate disciplinary steps shall be taken against a prosecutor who fails to comply with any directive; and must ensure that comprehensive records and statistics relating to the implementation and application of this section are kept by the prosecuting authority.
The National Director of Public Prosecutions shall submit directives issued under this subsection to Parliament before those directives take effect, and the first directives so issued, must be submitted to Parliament within four months of the commencement of this section.
The National Director of Public Prosecutions shall at least once every year submit the records and statistics referred to in subsection (11) (b) (iv) to Parliament.
In this section 'sentence agreement' means an agreement contemplated in subsection (1) (a) (ii).
[S. 105A inserted by s. 2 of Act 62 of 2001.
that he is guilty of the offence charged or of any offence of which he may be convicted on the charge; or that he is not guilty; or that he has already been convicted of the offence with which he is charged; or that he has already been acquitted of the offence with which he is charged; or that he has received a free pardon under section 327 (6) from the State President for the offence charged; or that the court has no jurisdiction to try the offence; or that he has been discharged under the provisions of section 204 from prosecution for the offence charged; or that the prosecutor has no title to prosecute.
that the prosecution may not be resumed or instituted owing to an order by a court under section 342A (3) (c).
[Para. (i) added by s. 4 of Act 86 of 1996.
Two or more pleas may be pleaded together except that a plea of guilty may not be pleaded with any other plea to the same charge.
An accused shall give reasonable notice to the prosecution of his intention to plead a plea other than the plea of guilty or not guilty, and shall in such notice state the ground on which he bases his plea: Provided that the requirement of such notice may be waived by the attorney-general or the prosecutor, as the case may be, and the court may, on good cause shown, dispense with such notice or adjourn the trial to enable such notice to be given.
An accused who pleads to a charge, other than a plea that the court has no jurisdiction to try the offence, or an accused on behalf of whom a plea of not guilty is entered by the court, shall, save as is otherwise expressly provided by this Act or any other law, be entitled to demand that he be acquitted or be convicted.
A person charged with the unlawful publication of defamatory matter, who sets up as a defence that the defamatory matter is true and that it was for the public benefit that the matter should be published, shall plead such defence specially, and may plead it with any other plea except the plea of guilty.
If an accused pleads a plea other than a plea of guilty, he shall, subject to the provisions of sections 115, 122 and 141 (3), by such plea be deemed to demand that the issues raised by the plea be tried.
Where an accused in criminal proceedings refuses to plead to any charge, the court shall record a plea of not guilty on behalf of the accused and a plea so recorded shall have the same effect as if it had been actually pleaded.
after the accused has pleaded a plea of guilty or of not guilty; or where the accused has pleaded any other plea and the court has determined such plea against the accused, appears that the court in question does not have jurisdiction, the court shall for the purposes of this Act be deemed to have jurisdiction in respect of the offence in question.
Where an accused pleads that the court in question has no jurisdiction and the plea is upheld, the court shall adjourn the case to the court having jurisdiction.
At the conclusion of the trial against a person under this section, a copy of the proceedings, certified by the clerk of the court or registrar, together with any remarks as the prosecutor may wish to append thereto, must be submitted to the Minister of Foreign Affairs.
[S. 110A inserted by s. 11 of Act 66 of 2008.
[Sub-s. (1) substituted by s. 6 (a) of Act 26 of 1987 and deleted by s. 44 of Act 32 of 1998.
The direction of the National Director of Public Prosecutions contemplated in section 179 (1) (a) of the Constitution of the Republic of South Africa, 1996, shall state the name of the accused, the relevant offence, the place at which (if known) and the Director in whose area of jurisdiction the relevant investigation and criminal proceedings shall be conducted and commenced.
A copy of the direction shall be served on the accused, and the original thereof shall, save as is provided in subsection (3) be handed in at the court in which the proceedings are to commence.
[Sub-s. (1), previously sub-s. (2), amended by s. 6 (b) of Act 26 of 1987 and renumbered and substituted by s. 44 of Act 32 of 1998.
The court in which the proceedings commence shall have jurisdiction to act with regard to the offence in question as if the offence had been committed within the area of jurisdiction of such court.
[Sub-s. (2), previously sub-s. (3), renumbered and substituted by s. 44 of Act 32 of 1998.
forward a copy of the record of the proceedings to the court in which the accused is to appear, and that court shall receive such copy and continue with the proceedings against the accused as if such proceedings had commenced before it.
[Sub-s. (3), previously sub-s. (4), amended by s. 6 (c) of Act 26 of 1987 and renumbered and substituted by s. 44 of Act 32 of 1998.
[Sub-s. (4) omitted by s. 44 of Act 32 of 1998.
[Sub-s. (5) deleted by s. 68 of Act 88 of 1996.
[Para. (a) substituted by s. 4 (a) of Act 109 of 1984, by s. 7 (a) of Act 5 of 1991 and by s. 2 of Act 33 of 1997.
the presiding judge, regional magistrate or magistrate shall, if he or she is of the opinion that the offence merits punishment of imprisonment or any other form of detention without the option of a fine or of a fine exceeding the amount14* determined by the Minister from time to time by notice in the Gazette, or if requested thereto by the prosecutor, question the accused with reference to the alleged facts of the case in order to ascertain whether he or she admits the allegations in the charge to which he or she has pleaded guilty, and may, if satisfied that the accused is guilty of the offence to which he or she has pleaded guilty, convict the accused on his or her plea of guilty of that offence and impose any competent sentence.
[Para. (b) amended by s. 4 (b) of Act 109 of 1984 and substituted by s. 7 (b) of Act 5 of 1991 and by s. 2 of Act 33 of 1997.
If an accused or his legal adviser hands a written statement by the accused into court, in which the accused sets out the facts which he admits and on which he has pleaded guilty, the court may, in lieu of questioning the accused under subsection (1) (b), convict the accused on the strength of such statement and sentence him as provided in the said subsection if the court is satisfied that the accused is guilty of the offence to which he has pleaded guilty: Provided that the court may in its discretion put any question to the accused in order to clarify any matter raised in the statement.
Nothing in this section shall prevent the prosecutor from presenting evidence on any aspect of the charge, or the court from hearing evidence, including evidence or a statement by or on behalf of the accused, with regard to sentence, or from questioning the accused on any aspect of the case for the purposes of determining an appropriate sentence.
If the court at any stage of the proceedings under section 112 (1) (a) or (b) or 112 (2) and before sentence is passed is in doubt whether the accused is in law guilty of the offence to which he or she has pleaded guilty or if it is alleged or appears to the court that the accused does not admit an allegation in the charge or that the accused has incorrectly admitted any such allegation or that the accused has a valid defence to the charge or if the court is of the opinion for any other reason that the accused's plea of guilty should not stand, the court shall record a plea of not guilty and require the prosecutor to proceed with the prosecution: Provided that any allegation, other than an allegation referred to above, admitted by the accused up to the stage at which the court records a plea of not guilty, shall stand as proof in any court of such allegation.
[Sub-s. (1) amended by s. 5 of Act 86 of 1996.
If the court records a plea of not guilty under subsection (1) before any evidence has been led, the prosecution shall proceed on the original charge laid against the accused, unless the prosecutor explicitly indicates otherwise.
[Sub-s. (2) added by s. 8 of Act 5 of 1991.
[Para. (c) added by s. 18 (b) of Act 116 of 1993.
the court shall stop the proceedings and commit the accused for sentence by a regional court having jurisdiction.
Where an accused is committed under subsection (1) for sentence by a regional court, the record of the proceedings in the magistrate's court shall upon proof thereof in the regional court be received by the regional court and form part of the record of that court, and the plea of guilty and any admission by the accused shall stand unless the accused satisfies the court that such plea or such admission was incorrectly recorded.
is satisfied that a plea of guilty or an admission by the accused which is material to his guilt was incorrectly recorded; or is not satisfied that the accused is guilty of the offence of which he has been convicted and in respect of which he has been committed for sentence, the court shall make a formal finding of guilty and sentence the accused.
If the court is satisfied that a plea of guilty or any admission by the accused which is material to his guilt was incorrectly recorded, or if the court is not satisfied that the accused is guilty of the offence of which he has been convicted and in respect of which he has been committed for sentence or that he has no valid defence to the charge, the court shall enter a plea of not guilty and proceed with the trial as a summary trial in that court: Provided that any admission by the accused the recording of which is not disputed by the accused, shall stand as proof of the fact thus admitted.
The provisions of section 112 (3) shall apply with reference to the proceedings under this section.
Where an accused at a summary trial pleads not guilty to the offence charged, the presiding judge, regional magistrate or magistrate, as the case may be, may ask him whether he wishes to make a statement indicating the basis of his defence.
Where the accused does not make a statement under subsection (1) or does so and it is not clear from the statement to what extent he denies or admits the issues raised by the plea, the court may question the accused in order to establish which allegations in the charge are in dispute.
The court may in its discretion put any question to the accused in order to clarify any matter raised under subsection (1) or this subsection, and shall enquire from the accused whether an allegation which is not placed in issue by the plea of not guilty, may be recorded as an admission by the accused of that allegation, and if the accused so consents, such admission shall be recorded and shall be deemed to be an admission under section 220.
Where the legal adviser of an accused on behalf of the accused replies, whether in writing or orally, to any question by the court under this section, the accused shall be required by the court to declare whether he confirms such reply or not.
Where an accused pleads not guilty in a magistrate's court, the court shall, subject to the provisions of section 115, at the request of the prosecutor made before any evidence is tendered, refer the accused for trial to a regional court having jurisdiction.
The record of the proceedings in the magistrate's court shall upon proof thereof in the regional court be received by the regional court and form part of the record of that court.
[S. 115A inserted by s. 4 of Act 56 of 1979.
[Para. (c) added by s. 19 (b) of Act 116 of 1993.
[Para. (a) amended by s. 6 of Act 86 of 1996.
If a regional magistrate acts under the proviso to paragraph (a), he shall inform the accused accordingly and postpone the case to some future date pending the outcome of the review proceedings, and, if the accused is in custody, the regional magistrate may make such order with regard to the detention or release of the accused as he may deem fit.
Where an accused in a lower court pleads not guilty to the offence charged against him and a ground of his defence is the alleged invalidity of a provincial ordinance or a proclamation of the State President on which the charge against him is founded and upon the validity of which a magistrate's court is in terms of section 110 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), not competent to pronounce, the accused shall be committed for a summary trial before a superior court having jurisdiction.
[S. 117 amended by s. 1 of Act 49 of 1996.
If the judge, regional magistrate or magistrate before whom an accused at a summary trial has pleaded not guilty is for any reason not available to continue with the trial and no evidence has been adduced yet, the trial may be continued before any other judge, regional magistrate or magistrate of the same court.
When an accused appears in a magistrate's court and the alleged offence may be tried by a superior court only or is of such a nature or magnitude that it merits punishment in excess of the jurisdiction of a magistrate's court, the prosecutor may, notwithstanding the provisions of section 75, on the instructions of the attorneygeneral, whether in general or in any particular case, put the charge, as well as any other charge which shall, in terms of section 82, be disposed of in a superior court, to the accused in the magistrate's court, and the accused shall, subject to the provisions of sections 77 and 85, be required by the magistrate to plead thereto forthwith.
[S. 119 substituted by s. 5 of Act 56 of 1979, by s. 3 of Act 64 of 1982 and by s. 16 of Act 59 of 1983.
The proceedings shall be commenced by the lodging of a charge-sheet with the clerk of the court in question and the provisions of subsections (2) and (3) of section 76 shall mutatis mutandis apply with reference to the charge-sheet and the record of the proceedings.
Where an accused under section 119 pleads guilty to the offence charged, the presiding magistrate shall question him in terms of the provisions of paragraph (b) of section 112 (1).
If the magistrate is satisfied that the accused admits the allegations stated in the charge, he shall stop the proceedings.
If the magistrate is not satisfied as provided in paragraph (a), he shall record in what respect he is not so satisfied and enter a plea of not guilty and deal with the matter in terms of section 122 (1): Provided that an allegation with reference to which the magistrate is so satisfied and which has been recorded as an admission, shall stand at the trial of the accused as proof of such allegation.
institute a preparatory examination against the accused.
[Sub-s. (3) substituted by s. 6 of Act 56 of 1979.
in the magistrate's court concerned, dispose of the case on the charge on which the accused is arraigned; or in a regional court or superior court, adjourn the case for sentence by the regional court or superior court concerned.
The record of the proceedings in the magistrate's court shall, upon proof thereof in the court in which the accused is arraigned for sentence, be received as part of the record of that court against the accused or, if the accused is arraigned in the magistrate's court in which the proceedings were stopped under subsection (2) (a), the record of such proceedings shall stand as the record of that court, and the plea of guilty and any admission by the accused shall stand and form part of the record of that court unless the accused satisfies the court that such plea or such admission was incorrectly recorded.
The record of the proceedings in the magistrate's court shall, upon proof thereof in the court in which the accused is arraigned for a summary trial, be received as part of the record of that court against the accused, and any admission by the accused shall stand and form part of the record of that court against the accused, and any admission by the accused shall stand and form part of the record of that court unless the accused satisfies the court that such admission was incorrectly recorded.
Unless the accused satisfies the court that a plea of guilty or an admission was incorrectly recorded or unless the court is not satisfied that the accused is guilty of the offence to which he has pleaded guilty or that the accused has no valid defence to the charge, the court may convict the accused on his plea of guilty of the offence to which he has pleaded guilty and impose any competent sentence.
[Para. (b) amended by s. 29 of Act 105 of 1997.
If the accused satisfies the court that the plea of guilty or an admission which is material to his guilt was incorrectly recorded, or if the court is not satisfied that the accused is guilty of the offence to which he has pleaded guilty or that the accused has no valid defence to the charge, the court shall record a plea of not guilty and proceed with the trial as a summary trial in that court: Provided that an admission by the accused the recording of which is not disputed by the accused, shall stand as proof of the fact thus admitted.
Where an accused under section 119 pleads not guilty to the offence charged, the court shall act in terms of section 115 and when that section has been complied with, the magistrate shall stop the proceedings and adjourn the case pending the decision of the attorney-general.
arraign the accused on any charge at a summary trial before a superior court or any other court having jurisdiction, including the magistrate's court in which the proceedings were adjourned under subsection (1); or institute a preparatory examination against the accused, and the attorney-general shall advise the magistrate's court concerned of his decision.
[Para. (a) substituted by s. 16 of Act 139 of 1992.
in a regional court or a superior court, commit the accused for a summary trial before the court concerned.
The record of the proceedings in the magistrate's court shall, upon proof thereof in the court in which the accused is arraigned for a summary trial, be received as part of the record of that court against the accused, and any admission by the accused shall stand at the trial of the accused as proof of such an admission.
[Chapter 19A and heading inserted by s. 7 of Act 56 of 1979.
When an accused appears in a magistrate's court and the alleged offence may be tried by a regional court but not by a magistrate's court or the prosecutor informs the court that he is of the opinion that the alleged offence is of such a nature or magnitude that it merits punishment in excess of the jurisdiction of a magistrate's court but not of the jurisdiction of a regional court, the prosecutor may, notwithstanding the provisions of section 75, put the relevant charge, as well as any other charge which shall, in terms of section 82, be disposed of by a regional court, to the accused, who shall, subject to the provisions of sections 77 and 85, be required by the magistrate to plead thereto forthwith.
[S. 122A inserted by s. 7 of Act 56 of 1979 and substituted by s. 18 of Act 59 of 1983.
The provisions of section 120 shall mutatis mutandis apply with reference to the proceedings under section 122A and the record of the proceedings.
[S. 122B inserted by s. 7 of Act 56 of 1979.
Where an accused under section 122A pleads guilty to the offence charged, the presiding magistrate shall question him in terms of the provisions of paragraph of section 112 (1).
If the magistrate is satisfied that the accused admits the allegations stated in the charge, he shall adjourn the case for sentence by the regional court concerned.
If the magistrate is not satisfied as provided in paragraph (a), he shall record in what respect he is not so satisfied and enter a plea of not guilty and deal with the matter in terms of section 122D (1): Provided that an allegation with reference to which the magistrate is so satisfied and which has been recorded as an admission, shall stand at the trial of the accused as proof of such allegation.
The record of the proceedings in the magistrate's court shall, upon proof thereof in the regional court in which the accused is arraigned for sentence, be received as part of the record of that court against the accused, and the plea of guilty and any admission by the accused shall stand and form part of the record of that court unless the accused satisfies the court that such plea or such admission was incorrectly recorded.
Unless the accused satisfies the court that the plea of guilty or an admission was incorrectly recorded or unless the court is not satisfied that the accused is guilty of the offence to which he has pleaded guilty or that the accused has no valid defence to the charge, the court may convict the accused on his plea of guilty of the offence to which he has pleaded guilty, and impose any competent sentence.
Nothing in this section shall prevent the prosecutor from presenting evidence on any aspect of the charge, or the court from hearing evidence, including evidence or a statement by or on behalf of the accused, with regard to sentence, or from questioning the accused on any aspect of the case for the purpose of determining an appropriate sentence.
[S. 122C inserted by s. 7 of Act 56 of 1979.
The regional court may try the accused on the charge in respect of which he has been committed for a summary trial under subsection (1) or on any other or further charge which the prosecutor may prefer against the accused and which the court is competent to try.
The record of proceedings in the magistrate's court shall, upon proof thereof in the regional court in which the accused is arraigned for a summary trial, be received as part of the record of that court against the accused, and any admission by the accused shall stand at the trial of the accused as proof of such an admission.
[S. 122D inserted by s. 7 of Act 56 of 1979.
[Para. (a) amended by s. 8 of Act 56 of 1979.
that a trial in a magistrate's court or a regional court be converted into a preparatory examination, he may at any stage of the proceedings, but before sentence is passed, instruct that the trial be converted into a preparatory examination.
[Para. (a) amended by s. 9 of Act 56 of 1979.
and the accused has pleaded to a charge, the preparatory examination shall continue on the charge to which the accused has pleaded: Provided that where evidence is led at such preparatory examination which relates to an offence, other than the offence contained in the charge to which the accused has pleaded, allegedly committed by the accused, such evidence shall not be excluded on the ground only that the evidence does not relate to the offence to which the accused has pleaded.
Where an attorney-general instructs that a preparatory examination be instituted or that a trial be converted into a preparatory examination, he may, if it appears to him expedient on account of the number of accused involved or of excessive inconvenience or of possible disturbance of the public order, that the preparatory examination be held within his area of jurisdiction in a court other than the court in which the relevant proceedings were commenced, direct that the preparatory examination be instituted in such other court or, where a trial has been converted into a preparatory examination, be continued in such other court.
The magistrate or regional magistrate shall, after advice of the decision of the attorney-general, advise the accused of the decision of the attorney-general and adjourn the proceedings to such other court, and thereafter forward a copy of the record of the proceedings, certified as correct by the clerk of the court, to the court to which the proceedings have been adjourned.
The court to which the proceedings are adjourned under subsection (2), shall receive the copy of the record referred to in that subsection, which shall then form part of the proceedings of that court, and shall proceed to conduct the preparatory examination as if it were a preparatory examination instituted in that court.
Where an attorney-general instructs that a preparatory examination be held against an accused, the magistrate or regional magistrate shall, after advice of the decision of the attorney-general, advise the accused of the decision of the attorneygeneral and proceed in the manner hereinafter described to enquire into the charge against the accused.
Where an attorney-general instructs that a trial be converted into a preparatory examination, it shall not be necessary for the magistrate or regional magistrate to recall any witness who has already given evidence at the trial, but the record of the evidence thus given, certified as correct by the magistrate or regional magistrate, as the case may be, or, if such evidence was recorded in shorthand or by mechanical means, any document purporting to be a transcription of the original record of such evidence and purporting to be certified as correct under the hand of the person who transcribed it, shall have the same legal force and effect and shall be admissible in evidence in the same circumstances as the evidence given in the course of a preparatory examination: Provided that if it appears to the magistrate or regional magistrate concerned that it may be in the interests of justice to have a witness already examined recalled for further examination, then such witness shall be recalled and further examined and the evidence given by him shall be recorded in the same manner as other evidence given at a preparatory examination.
The prosecutor may, at a preparatory examination, call any witness in support of the charge to which the accused has pleaded or to testify in relation to any other offence allegedly committed by the accused.
The evidence given at a preparatory examination shall be recorded, and if such evidence is recorded in shorthand or by mechanical means, a document purporting to be a transcription of the original record of such evidence and purporting to be certified as correct under the hand of the person who transcribed such evidence, shall have the same legal force and effect as such original record.
The record of a preparatory examination may be proved in a court by the mere production thereof or of a copy thereof in terms of section 235.
The prosecutor shall, at the conclusion of the evidence in support of the charge, put to the accused such charge or charges as may arise from the evidence and which the prosecutor may prefer against the accused.
The magistrate or regional magistrate, as the case may be, shall, subject to the provisions of sections 77 and 85, require an accused to whom a charge is put under section 130 forthwith to plead to the charge.
Where an accused who has been required under section 131 to plead to a charge to which he has not pleaded before, pleads guilty to the offence charged, the presiding judicial officer shall question him in accordance with the provisions of paragraph (b) of section 112 (1).
If the presiding judicial officer is not satisfied that the accused admits all the allegations in the charge, he shall record in what respect he is not so satisfied and enter a plea of not guilty: Provided that an allegation with reference to which the said judicial officer is so satisfied and which has been recorded as an admission, shall stand at the trial of the accused as proof of such allegation.
An accused may, after the provisions of section 132 have been complied with but subject to the provisions of section 151 (1) (b) which shall mutatis mutandis apply, give evidence or make an unsworn statement in relation to a charge put to him under section 130, and the record of such evidence or statement shall be received in evidence before any court in criminal proceedings against the accused upon its mere production without further proof.
An accused may call any competent witness on behalf of the defence.
As soon as a preparatory examination is concluded and the magistrate or regional magistrate, as the case may be, is upon the whole of the evidence of the opinion that no sufficient case has been made out to put the accused on trial upon any charge put to the accused under section 130 or upon any charge in respect of an offence of which the accused may on such charge be convicted, he may discharge the accused in respect of such charge.
The magistrate or regional magistrate, as the case may be, shall cause every document and every article produced or identified as an exhibit by any witness at a preparatory examination to be inventoried and labelled or otherwise marked, and shall cause such documents and articles to be kept in safe custody pending any trial following upon such preparatory examination.
The magistrate or regional magistrate, as the case may be, shall, at the conclusion of a preparatory examination and whether or not the accused is under section 135 discharged in respect of any charge, send a copy of the record of the preparatory examination to the attorney-general and, where the accused is not discharged in respect of all the charges put to him under section 130, adjourn the proceedings pending the decision of the attorney-general.
A preparatory examination may at any stage be continued by a judicial officer other than the judicial officer before whom the proceedings were commenced, and, if necessary, again be continued by the judicial officer before whom the proceedings were commenced.
decline to prosecute the accused, and the attorney-general shall advise the lower court concerned of his decision.
in the court concerned, dispose of the case on the charge on which the accused is arraigned; or in a court other than the court concerned, adjourn the case for sentence by such other court.
The record of the preparatory examination shall, upon proof thereof in the court in which the accused is arraigned for sentence, be received as part of the record of that court against the accused or, if the accused is arraigned in the court in which the preparatory examination was held, the record of the preparatory examination shall stand as the record of that court, and the plea of guilty and any admission by the accused shall stand and form part of the record of that court unless the accused satisfies the court that such plea or such admission was incorrectly recorded.
Unless the accused satisfies the court that the plea of guilty or an admission was incorrectly recorded or unless the court is not satisfied that the accused is guilty of the offence to which he has pleaded guilty or that the accused has no valid defence to the charge, the court may convict the accused on his plea of guilty of the offence to which he has pleaded guilty and impose any competent sentence.
[Para. (b) amended by s. 30 of Act 105 of 1997.
Where an accused is under section 139 (b) arraigned for trial, a magistrate or regional magistrate of the court in which the preparatory examination was held shall advise the accused of the decision of the attorney-general and, if the accused is to be arraigned in a court other than the court concerned, commit the accused for trial by such other court.
Where an accused is arraigned for trial after a preparatory examination, the case shall be dealt with in all respects as with a summary trial.
the accused pleads guilty at his trial to the offence charged, or to an offence of which he may be convicted on the charge and the prosecutor accepts that plea; or the parties to the proceedings agree that any part of such evidence be admitted at the proceedings.
Where an accused who has been discharged under section 135 is arraigned for trial under section 139 (b), the clerk of the court where the preparatory examination was held shall issue to him a written notice to that effect and stating the place, date and time for the appearance of the accused in that court for committal for trial, or, if he is to be arraigned in that court, to plead to the charge on which he is to be arraigned.
The notice referred to in paragraph (a) shall be served on the accused in the manner provided for in sections 54 (2) and (3) for the service of a summons in a lower court and the provisions of sections 55 (1) and (2) shall mutatis mutandis apply with reference to such a notice.
If the accused is committed for trial by another court, the court committing the accused may direct that he be detained in custody, whereupon the provisions of Chapter 9 shall apply with reference to the release of the accused on bail.
Where an attorney-general under section 139 (c) declines to prosecute an accused, he shall advise the magistrate of the district in which the preparatory examination was held of his decision, and such magistrate shall forthwith have the accused released from custody or, if the accused is not in custody, advise the accused in writing of the decision of the attorney-general, whereupon no criminal proceedings shall again be instituted against the accused in respect of the charge in question.
An accused who is arraigned for sentence or for trial under section 139 may, without payment, inspect the record of the preparatory examination at the time of his arraignment before the court.
An accused who is arraigned for sentence or for trial under section 139 shall be entitled to a copy of the record of the preparatory examination upon payment, except where a legal practitioner under the Legal Aid Act, 1969 (Act 22 of 1969), or pro Deo counsel is appointed to defend the accused or where the accused is not legally represented, of a reasonable amount not exceeding twenty-five cents for each folio of seventy-two words or part thereof.
The clerk of the court shall as soon as possible provide the accused or his legal adviser with a copy of the preparatory examination record in accordance with the provisions of paragraph (a).
Where an attorney-general arraigns an accused for sentence or trial by a superior court, the charge shall be contained in a document called an indictment, which shall be framed in the name of the attorney-general.
[Sub-s. (1) substituted by s. 10 (a) of Act 56 of 1979.
The indictment shall, in addition to the charge against the accused, include the name and, where known and where applicable, the address and a description of the accused with regard to sex, nationality and age.
[Sub-s. (2) substituted by s. 17 of Act 139 of 1992.
the omission of the name or address of a witness from such list shall in no way affect the validity of the trial.
[Para. (a) amended by s. 10 (b) of Act 56 of 1979.
Where the evidence for the State at the trial of the accused differs in a material respect from the summary referred to in paragraph (a), the trial court may, at the request of the accused and if it appears to the court that the accused might be prejudiced in his defence by reason of such difference, adjourn the trial for such period as to the court may seem adequate.
An indictment, together with a notice of trial referred to in the rules of court, shall, unless an accused agrees to a shorter period, be served on an accused at least ten days (Sundays and public holidays excluded) before the date appointed for the trial in accordance with the procedure and manner laid down by the rules of court, by handing it to him personally, or, if he cannot be found, by delivering it at his place of residence or place of employment or business to a person apparently over the age of sixteen years and apparently residing or employed there, or, if he has been released on bail, by leaving it at the place determined under section 62 for the service of any document on him; or by the magistrate or regional magistrate committing him to the superior court, by handing it to him.
A return of the mode of service by the person who served the indictment and the notice of trial, or, if the said documents were served in court on the accused by a magistrate or regional magistrate, an endorsement to that effect on the record of proceedings, may, upon the failure of the accused to attend the proceedings in the superior court, be handed in at the proceedings and shall be prima facie proof of the service.
The provisions of section 55 (1) and (2) shall mutatis mutandis apply with reference to a notice of trial served on an accused in terms of this subsection.
Except as provided in section 148, an accused arraigned before a superior court shall be tried by a judge of that court sitting with or without assessors in accordance with the provisions set out hereunder.
An assessor for the purposes of this section means a person who, in the opinion of the judge who presides at a trial, has experience in the administration of justice or skill in any matter which may be considered at the trial.
for trial and the accused pleads not guilty; or for sentence, or for trial and the accused pleads guilty, and a plea of not guilty is entered at the direction of the presiding judge, the presiding judge may summon not more than two assessors to assist him at the trial.
[Sub-s. (2) amended by s. 2 of Act 107 of 1990 and by s. 31 of Act 105 of 1997.
No assessor shall hear any evidence unless he first takes an oath or, as the case may be, makes an affirmation, administered by the presiding judge, that he will, on the evidence placed before him, give a true verdict upon the issues to be tried.
the presiding judge alone shall decide upon any other question of law or upon any question whether any matter constitutes a question of law or a question of fact, and he may for this purpose sit alone.
If an assessor is not in the full-time employment of the State, he shall be entitled to such compensation as the Minister, in consultation with the Minister of Finance, may determine in respect of expenses incurred by him in connection with his attendance at the trial, and in respect of his services as assessor.
[Sub-s. (4) substituted by s. 4 of Act 64 of 1982.
where he sits with assessors and there is a difference of opinion upon any question of fact or upon the question referred to in paragraph (b) of the proviso to section 145 (4), give the reasons for the decision or finding of the member of the court who is in the minority or, where the presiding judge sits with only one assessor, of such an assessor.
[S. 146 substituted by s. 5 of Act 64 of 1982.
that the trial proceed before the remaining member or members of the court; or that the trial start de novo, and for that purpose summon an assessor in the place of the assessor who has died or has become unable to act as assessor.
Where the presiding judge acts under subsection (1) (b), the plea already recorded shall stand.
[S. 148 repealed by s. 10 of Act 62 of 2000.
A superior court may, at any time after an indictment has been lodged with the registrar of that court and before the date of trial, upon application by the prosecution and after notice to the accused, or upon application by the accused after notice to the prosecution, order that the trial be held at a place within the area of jurisdiction of such court, other than the place determined for the trial, and that it be held on a date and at a time, other than the date and time determined for the trial.
If the accused is not present or represented at such an application by the prosecution or if the prosecution is not represented at such an application by the accused, the court shall direct that a copy of the order be served on the accused or, as the case may be, on the prosecution, and upon service thereof, the venue and date and time as changed shall be deemed to be the venue and date and time respectively that were originally appointed for the trial.
The prosecutor may at any trial, before any evidence is adduced, address the court for the purpose of explaining the charge and indicating, without comment, to the court what evidence he intends adducing in support of the charge.
The prosecutor may then examine the witnesses for the prosecution and adduce such evidence as may be admissible to prove that the accused committed the offence referred to in the charge or that he committed an offence of which he may be convicted on the charge.
Where any document may be received in evidence before any court upon its mere production, the prosecutor shall read out such document in court unless the accused is in possession of a copy of such document or dispenses with the reading out thereof.
If an accused is not under section 174 discharged at the close of the case for the prosecution, the court shall ask him whether he intends adducing any evidence on behalf of the defence, and if he answers in the affirmative, he may address the court for the purpose of indicating to the court, without comment, what evidence he intends adducing on behalf of the defence.
if the accused answers in the affirmative, he shall, except where the court on good cause shown allows otherwise, be called as a witness before any other witness for the defence; or if the accused answers in the negative but decides, after other evidence has been given on behalf of the defence, to give evidence himself, the court may draw such inference from the accused's conduct as may be reasonable in the circumstances.
The accused may then examine any other witness for the defence and adduce such other evidence on behalf of the defence as may be admissible.
Where any document may be received in evidence before any court upon its mere production and the accused wishes to place such evidence before the court, he shall read out the relevant document in court unless the prosecutor is in possession of a copy of such document or dispenses with the reading out thereof.
Except where otherwise expressly provided by this Act or any other law, criminal proceedings in any court shall take place in open court, and may take place on any day.
In addition to the provisions of section 63 (5) of the Child Justice Act, 2008, if it appears to any court that it would, in any criminal proceedings pending before that court, be in the interests of the security of the State or of good order or of public morals or of the administration of justice that such proceedings be held behind closed doors, it may direct that the public or any class thereof shall not be present at such proceedings or any part thereof.
[Sub-s. (1) substituted by s. 99 (1) of 75 of 2008.
that the identity of such person shall not be revealed or that it shall not be revealed for a period specified by the court.
any act for the purpose of furthering the commission of a sexual offence as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, towards or in connection with any other person; or extortion or any statutory offence of demanding from any other person some advantage which was not due and, by inspiring fear in the mind of such other person, compelling him to render such advantage, the court before which such proceedings are pending may, at the request of such other person or, if he is a minor, at the request of his parent or guardian, direct that any person whose presence is not necessary at the proceedings or any person or class of persons mentioned in the request, shall not be present at the proceedings: Provided that judgment shall be delivered and sentence shall be passed in open court if the court is of the opinion that the identity of the other person concerned would not be revealed thereby.
[Sub-s. (3) substituted by s. 68 of Act 32 of 2007.
Any person whose presence is not necessary at criminal proceedings referred to in paragraphs (a) and (b) of subsection (3), shall not be admitted at such proceedings while the other person referred to in those paragraphs is giving evidence, unless such other person or, if he is a minor, his parent or guardian or a person in loco parentis, requests otherwise.
[Sub-s. (3A) inserted by s. 2 of Act 103 of 1987.
[Sub-s. (4) deleted by s. 99 (1) of Act 75 of 2008.
Where a witness at criminal proceedings before any court is under the age of eighteen years, the court may direct that no person, other than such witness and his parent or guardian or a person in loco parentis, shall be present at such proceedings, unless such person's presence is necessary in connection with such proceedings or is authorized by the court.
The court may direct that no person under the age of eighteen years shall be present at criminal proceedings before the court, unless he is a witness referred to in subsection (5) and is actually giving evidence at such proceedings or his presence is authorized by the court.
Where a court under section 153 (1) on any of the grounds referred to in that subsection directs that the public or any class thereof shall not be present at any proceedings or part thereof, the court may direct that no information relating to the proceedings or any part thereof held behind closed doors shall be published in any manner whatever: Provided that a direction by the court shall not prevent the publication of information relating to the name and personal particulars of the accused, the charge against him, the plea, the verdict and the sentence, unless the court is of the opinion that the publication of any part of such information might defeat the object of its direction under section 153 (1), in which event the court may direct that such part shall not be published.
Where a court under section 153 (3) directs that any person or class of persons shall not be present at criminal proceedings or where any person is in terms of section 153 (3A) not admitted at criminal proceedings, no person shall publish in any manner whatever any information which might reveal the identity of any complainant in the proceedings: Provided that the presiding judge or judicial officer may authorize the publication of such information if he is of the opinion that such publication would be just and equitable.
[Para. (a) substituted by s. 3 of Act 103 of 1987.
No person shall at any stage before the appearance of an accused in a court upon any charge referred to in section 153 (3) or at any stage after such appearance but before the accused has pleaded to the charge, publish in any manner whatever any information relating to the charge in question.
No person shall publish in any manner whatever any information which reveals or may reveal the identity of an accused under the age of eighteen years or of a witness at criminal proceedings who is under the age of eighteen years: Provided that the presiding judge or judicial officer may authorize the publication of so much of such information as he may deem fit if the publication thereof would in his opinion be just and equitable and in the interest of any particular person.
information for the purpose of reporting any question of law relating to the proceedings in question; or any decision or ruling given by any court on such question, if such report does not mention the name of the person charged or of the person against whom or in connection with whom the offence in question was alleged to have been committed or of any witness at such proceedings, and does not mention the place where the offence in question was alleged to have been committed.
Any person who publishes any information in contravention of this section or contrary to any direction or authority under this section or who in any manner whatever reveals the identity of a witness in contravention of a direction under section 153 (2), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment if the person in respect of whom the publication or revelation of identity was done, is over the age of 18 years, and if such person is under the age of 18 years, to a fine or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
[Sub-s. (5) substituted by s. 12 of Act 33 of 1986 and by s. 68 of Act 32 of 2007.
the criminal proceedings that gave rise to the publication of information or the revelation of identity as contemplated in that subsection related to a charge that an accused person committed or attempted to commit any sexual act as contemplated in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, towards or in connection with any other person or any act for the purpose of procuring or furthering the commission of a sexual act, as contemplated in that Act, towards or in connection with any other person; and the other person referred to in paragraph (a) suffered any physical, psychological or other injury or loss of income or support.
[Sub-s. (6) added by s. 68 of Act 32 of 2007.
Any number of participants in the same offence may be tried together and any number of accessories after the same fact may be tried together or any number of participants in the same offence and any number of accessories after that fact may be tried together, and each such participant and each such accessory may be charged at such trial with the relevant substantive offence alleged against him.
A receiver of property obtained by means of an offence shall for purposes of this section be deemed to be a participant in the offence in question.
Any number of persons charged in respect of separate offences committed at the same place and at the same time or at about the same time, may be charged and tried together in respect of such offences if the prosecutor informs the court that evidence admissible at the trial of one of such persons will, in his opinion, also be admissible as evidence at the trial of any other such person or such persons.
An accused may be joined with any other accused in the same criminal proceedings at any time before any evidence has been led in respect of the charge in question.
Where two or more persons are charged jointly, whether with the same offence or with the different offences, the court may at any time during the trial, upon the application of the prosecutor or of any of the accused, direct that the trial of any one or more of the accused shall be held separately from the trial of the other accused, and the court may abstain from giving judgment in respect of any of such accused.
Except as otherwise expressly provided by this Act or any other law, all criminal proceedings in any court shall take place in the presence of the accused.
A court may, subject to section 153, on its own initiative or on application by the public prosecutor, order that a witness or an accused, if the witness or accused consents thereto, may give evidence by means of closed circuit television or similar electronic media.
A court may make a similar order on the application of an accused or a witness.
be in the interest of the security of the State or of public safety or in the interests of justice or the public; or prevent the likelihood that prejudice or harm might result to any person if he or she testifies or is present at such proceedings.
The court may, in order to ensure a fair and just trial, make the giving of evidence in terms of subsection (2) subject to such conditions as it may deem necessary: Provided that the prosecutor and the accused have the right, by means of that procedure, to question a witness and to observe the reaction of that witness.
The court shall provide reasons for refusing any application by the public prosecutor for the giving of evidence by a child complainant below the age of 14 years by means of closed circuit television or similar electronic media, immediately upon refusal and such reasons shall be entered into the record of the proceedings.
[Sub-s. (5) added by s. 68 of Act 32 of 2007.
[S. 158 substituted by s. 7 of Act 86 of 1996.
If an accused at criminal proceedings conducts himself in a manner which makes the continuance of the proceedings in his presence impracticable, the court may direct that he be removed and that the proceedings continue in his absence.
direct that the proceedings be proceeded with in the absence of the accused concerned.
Where an accused becomes absent from the proceedings in the circumstances referred to in subsection (2), the court may, in lieu of directing that the proceedings be proceeded with in the absence of the accused concerned, upon the application of the prosecution direct that the proceedings in respect of the absent accused be separated from the proceedings in respect of the accused who are present, and thereafter, when such accused is again in attendance, the proceedings against him shall continue from the stage at which he became absent, and the court shall not be required to be differently constituted merely by reason of such separation.
If an accused who is in custody in terms of an order of court cannot, by reason of his physical indisposition or other physical condition, be brought before a court for the purposes of obtaining an order for his further detention, the court before which the accused would have been brought for purposes of such an order if it were not for the indisposition or other condition, may, upon application made by the prosecution at any time prior to the expiry of the order for his detention wherein the circumstances surrounding the indisposition or other condition are set out, supported by a certificate from a medical practitioner, order, in the absence of such an accused, that he be detained at a place indicated by the court and for the period which the court deems necessary in order that he can recover and be brought before the court so that an order for his further detention for the purposes of his trial can be obtained.
[Sub-s. (4) added by s. 9 of Act 5 of 1991.
'remote point' means the room or place at the designated correctional facility where the accused person appearing through audiovisual link is located.
[S. 159A inserted by s. 1 of Act 65 of 2008 in respect of certain magisterial districts.
An accused person appearing before a court by audiovisual link must do so from a place at which the requirements referred to in subsections (2) and (3) and section 159C are complied with.
[S. 159B inserted by s. 1 of Act 65 of 2008 in respect of certain magisterial districts.
any of the facilities referred to in subsection (1) malfunctioning, the court must, subject to paragraph (b), direct that the matter stand down and cause the accused person to be brought physically before the court on the day in question.
[S. 159C inserted by s. 1 of Act 65 of 2008 in respect of certain magisterial districts.
Without limiting any other protection applying to it, a communication by audio link or audiovisual link, or a document transmitted between an accused person and his or her legal representative as provided for in section 159B (3), is confidential and inadmissible in any proceedings as if the communication took place or the document was produced while they were in the presence of each other.
[S. 159D inserted by s. 1 of Act 65 of 2008 in respect of certain magisterial districts.
If an accused referred to in section 159 (1) or (2) again attends the proceedings in question, he may, unless he was legally represented during his absence, examine any witness who testified during his absence, and inspect the record of the proceedings or require the court to have such record read over to him.
If the examination of a witness under subsection (1) takes place after the evidence on behalf of the prosecution or any co-accused has been concluded, the prosecution or such co-accused may in respect of any issue raised by the examination, lead evidence in rebuttal of evidence relating to the issue so raised.
When the evidence on behalf of all the accused, other than an accused who is absent from the proceedings, is concluded, the court shall, subject to the provisions of paragraph (b), postpone the proceedings until such absent accused is in attendance and, if necessary, further postpone the proceedings until the evidence, if any, on behalf of that accused has been led.
If it appears to the court that the presence of an absent accused cannot reasonably be obtained, the court may direct that the proceedings in respect of the accused who are present be concluded as if such proceedings had been separated from the proceedings at the stage at which the accused concerned became absent from the proceedings, and when such absent accused is again in attendance, the proceedings against him shall continue from the stage at which he became absent, and the court shall not be required to be differently constituted merely by reason of such separation.
When, in the case of a trial, the evidence on behalf of all the accused has been concluded and any accused is absent when the verdict is to be delivered, the verdict may be delivered in respect of all the accused or be withheld until all the accused are present or be delivered in respect of any accused present and withheld in respect of the absent accused until he is again in attendance.
A witness at criminal proceedings shall, except where this Act or any other law expressly provides otherwise, give his evidence viva voce.
In this section the expression 'viva voce' shall, in the case of a deaf and dumb witness, be deemed to include gesture-language and, in the case of a witness under the age of eighteen years, be deemed to include demonstrations, gestures or any other form of non-verbal expression.
[Sub-s. (2) substituted by s. 1 of Act 135 of 1991.
'I swear that the evidence that I shall give, shall be the truth, the whole truth and nothing but the truth, so help me God.'.
If any person to whom the oath is administered wishes to take the oath with uplifted hand, he shall be permitted to do so.
'I solemnly affirm that the evidence that I shall give, shall be the truth, the whole truth and nothing but the truth'.
Such affirmation shall have the same legal force and effect as if the person making it had taken the oath.
The validity of an oath duly taken by a witness shall not be affected if such witness does not on any of the grounds referred to in subsection (1) decline to take the oath.
Any person, who is found not to understand the nature and import of the oath or the affirmation, may be admitted to give evidence in criminal proceedings without taking the oath or making the affirmation: Provided that such person shall, in lieu of the oath or affirmation, be admonished by the presiding judge or judicial officer to speak the truth.
If such person wilfully and falsely states anything which, if sworn, would have amounted to the offence of perjury or any statutory offence punishable as perjury, he shall be deemed to have committed that offence, and shall, upon conviction, be liable to such punishment as is by law provided as a punishment for that offence.
Where the person concerned is to give his evidence through an interpreter or an intermediary appointed under section 170A (1), the oath, affirmation or admonition under section 162, 163 or 164 shall be administered by the presiding judge or judicial officer or the registrar of the court, as the case may be, through the interpreter or intermediary or by the interpreter or intermediary in the presence or under the eyes of the presiding judge or judicial officer, as the case may be.
[S. 165 substituted by s. 2 of Act 135 of 1991.
An accused may cross-examine any witness called on behalf of the prosecution at criminal proceedings or any co-accused who testifies at criminal proceedings or any witness called on behalf of such co-accused at criminal proceedings, and the prosecutor may cross-examine any witness, including an accused, called on behalf of the defence at criminal proceedings, and a witness called at such proceedings on behalf of the prosecution may be re-examined by the prosecutor on any matter raised during the cross-examination of that witness, and a witness called on behalf of the defence at such proceedings may likewise be re-examined by the accused.
The prosecutor and the accused may, with leave of the court, examine or cross-examine any witness called by the court at criminal proceedings.
If it appears to a court that any cross-examination contemplated in this section is being protracted unreasonably and thereby causing the proceedings to be delayed unreasonably, the court may request the cross-examiner to disclose the relevancy of any particular line of examination and may impose reasonable limits on the examination regarding the length thereof or regarding any particular line of examination.
The court may order that any submission regarding the relevancy of the crossexamination be heard in the absence of the witness.
[Sub-s. (3) added by s. 8 of Act 86 of 1996.
The court may at any stage of criminal proceedings examine any person, other than an accused, who has been subpoenaed to attend such proceedings or who is in attendance at such proceedings, and may recall and re-examine any person, including an accused, already examined at the proceedings, and the court shall examine, or recall and re-examine, the person concerned if his evidence appears to the court essential to the just decision of the case.
A court before which criminal proceedings are pending, may from time to time during such proceedings, if the court deems it necessary or expedient, adjourn the proceedings to any date on the terms which to the court may seem proper and which are not inconsistent with any provision of this Act.
A court before which criminal proceedings are pending, may from time to time during such proceedings, if the court deems it necessary or expedient that the proceedings be continued at any place within its area of jurisdiction other than the one where the court is sitting, adjourn the proceedings to such other place, or, if the court with reference to any circumstance relevant to the proceedings deems it necessary or expedient that the proceedings be adjourned to a place other than the place at which the court is sitting, adjourn the proceedings, on the terms which to the court may seem proper, to any such place, whether within or outside the area of jurisdiction of such court, for the purpose of performing at such place any function of the court relevant to such circumstance.
[S. 169 substituted by s. 19 of Act 59 of 1983.
An accused at criminal proceedings who is not in custody and who has not been released on bail, and who fails to appear at the place and on the date and at the time to which such proceedings may be adjourned or who fails to remain in attendance at such proceedings as so adjourned, shall be guilty of an offence and liable to the punishment prescribed under subsection (2).
The court may, if satisfied that an accused referred to in subsection (1) has failed to appear at the place and on the date and at the time to which the proceedings in question were adjourned or has failed to remain in attendance at such proceedings as so adjourned, issue a warrant for his arrest and, when he is brought before the court, in a summary manner enquire into his failure so to appear or so to remain in attendance and, unless the accused satisfies the court that his failure was not due to fault on his part, convict him of the offence referred to in subsection (1) and sentence him to a fine not exceeding R300 or to imprisonment for a period not exceeding three months.
[Sub-s. (2) substituted by s. 13 of Act 33 of 1986.
[S. 170 amended by s. 11 of Act 56 of 1979 and substituted by s. 5 of Act 109 of 1984.
Whenever criminal proceedings are pending before any court and it appears to such court that it would expose any witness under the biological or mental age of eighteen years to undue mental stress or suffering if he or she testifies at such proceedings, the court may, subject to subsection (4), appoint a competent person as an intermediary in order to enable such witness to give his or her evidence through that intermediary.
No examination, cross-examination or re-examination of any witness in respect of whom a court has appointed an intermediary under subsection (1), except examination by the court, shall take place in any manner other than through that intermediary.
The said intermediary may, unless the court directs otherwise, convey the general purport of any question to the relevant witness.
which is so situated that any person whose presence may upset that witness, is outside the sight and hearing of that witness; and which enables the court and any person whose presence is necessary at the relevant proceedings to see and hear, either directly or through the medium of any electronic or other devices, that intermediary as well as that witness during his or her testimony.
The Minister may by notice in the Gazette19* determine the persons or the category or class of persons who are competent to be appointed as intermediaries.
An intermediary who is not in the full-time employment of the State shall be paid such travelling and subsistence and other allowances in respect of the services rendered by him or her as the Minister, with the concurrence of the Minister of Finance, may determine.
No oath, affirmation or admonition which has been administered through an intermediary in terms of section 165 shall be invalid and no evidence which has been presented through an intermediary shall be inadmissible solely on account of the fact that such intermediary was not competent to be appointed as an intermediary in terms of a regulation referred to in subsection (4) (a), at the time when such oath, affirmation or admonition was administered or such evidence was presented.
the likelihood that real and substantial justice will be impaired if that evidence is admitted.
Subsection (5) does not prevent the prosecution from presenting anew any evidence which was presented through an intermediary referred to in that subsection.
the trial court; or the court considering an appeal or review, has not delivered judgment.
The court shall provide reasons for refusing any application or request by the public prosecutor for the appointment of an intermediary in respect of child complainants below the age of 14 years, immediately upon refusal and such reasons shall be entered into the record of the proceedings.
[Sub-s. (7) added by s. 68 of Act 32 of 2007.
An intermediary referred to in subsection (1) shall be summoned to appear in court on a specified date and at a specified place and time to act as an intermediary.
[Sub-s. (8) added by s. 68 of Act 32 of 2007.
direct that the appointment of the intermediary be revoked and that the proceedings continue in the absence of an intermediary.
[Sub-s. (9) added by s. 68 of Act 32 of 2007.
The court shall immediately give reasons for any direction or order referred to in subsection (9) (iv), which reasons shall be entered into the record of the proceedings.
[Sub-s. (10) added by s. 68 of Act 32 of 2007.
[S. 170A inserted by s. 3 of Act 135 of 1991 and substituted by s. 1 of Act 17 of 2001.
Whenever criminal proceedings are pending before any court and it appears to such court on application made to it that the examination of any witness who is resident in the Republic is necessary in the interests of justice and that the attendance of such witness cannot be obtained without undue delay, expense or inconvenience the court may dispense with such attendance and issue a commission to any magistrate.
[Para. (a) substituted by s. 36 of Act 75 of 1996.
The specific matter with regard to which the evidence of the witness is required, shall be set out in the relevant application, and the court may confine the examination of the witness to such matter.
Where the application is made by the State, the court may, as a condition of the commission, direct that the costs of legal representation for the accused at the examination be paid by the State.
The magistrate to whom the commission is issued, shall proceed to the place where the witness is or shall summon the witness before him or her, and take down the evidence in the manner set out in paragraph (b).
The witness shall give his or her evidence upon oath or by affirmation, and such evidence shall be recorded and read over to the witness, and if he or she adheres thereto, be subscribed by him or her and the magistrate concerned.
[Para. (b) substituted by s. 36 of Act 75 of 1996.
[Para. (c) deleted by s. 36 of Act 75 of 1996.
transmit interrogatories in writing which the court issuing the commission may think relevant to the issue, and the magistrate to whom the commission is issued, shall examine the witness upon such interrogatories; or appear before such magistrate, either by a legal representative or, in the case of an accused who is not in custody or in the case of a private prosecutor, in person, and examine the witness.
[S. 172 substituted by s. 36 of Act 75 of 1996.
The Magistrate shall return the evidence in question to the court which issued the commission, and such evidence shall be open to the inspection of the parties to the proceedings and shall, in so far as it is admissible as evidence in such proceedings, form part of the record of such court.
[S. 173 substituted by s. 36 of Act 75 of 1996.
If, at the close of the case for the prosecution at any trial, the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which he may be convicted on the charge, it may return a verdict of not guilty.
After all the evidence has been adduced, the prosecutor may address the court, and thereafter the accused may address the court.
The prosecutor may reply on any matter of law raised by the accused in his address, and may, with leave of the court, reply on any matter of fact raised by the accused in his address.
When by mistake a wrong judgment is delivered, the court may, before or immediately after it is recorded, amend the judgment.
The court may at criminal proceedings defer its reasons for any decision on any question raised at such proceedings, and the reasons so deferred shall, when given, be deemed to have been given at the time of the proceedings.
Where an offence is committed in the presence of the court, the presiding judge or judicial officer may order the arrest of the offender.
If any person, other than an accused, who is present at criminal proceedings, disturbs the peace or order of the court, the court may order that such person be removed from the court and that he be detained in custody until the rising of the court.
The prosecutor or an accused may compel the attendance of any person to give evidence or to produce any book, paper or document in criminal proceedings by taking out of the office prescribed by the rules of court the process of court for that purpose.
If any police official has reasonable grounds for believing that the attendance of any person is or will be necessary to give evidence or to produce any book, paper or document in criminal proceedings in a lower court, and hands to such person a written notice calling upon him to attend such criminal proceedings on the date and at the time and place specified in the notice, to give evidence or to produce any book, paper or document, likewise specified, such person shall, for the purposes of this Act, be deemed to have been duly subpoenaed so to attend such criminal proceedings.
Where an accused desires to have any witness subpoenaed, a sum of money sufficient to cover the costs of serving the subpoena shall be deposited with the prescribed officer of the court.
that he is unable to pay the necessary costs and fees; and that such witness is necessary and material for his defence, such officer shall subpoena such witness.
In any case where the prescribed officer of the court is not so satisfied, he shall, upon the request of the accused, refer the relevant application to the judge or judicial officer presiding over the court, who may grant or refuse the application or defer his decision until he has heard other evidence in the case.
For the purposes of this section 'prescribed officer of the court' means the registrar, assistant registrar, clerk of the court or any officer prescribed by the rules of court.
A subpoena in criminal proceedings shall be served in the manner provided by the rules of court by a person empowered to serve a subpoena in criminal proceedings.
A return by the person empowered to serve a subpoena in criminal proceedings, that the service thereof has been duly effected, may, upon the failure of a witness to attend the relevant proceedings, be handed in at such proceedings and shall be prima facie proof of such service.
Where a subpoena is served on a witness at a place outside the magisterial district from which the subpoena is issued, or, in the case of a superior court, at a place outside the magisterial district in which the proceedings at which the witness is to appear are to take place, and the witness is required to travel from such place to the court in question, the necessary expenses to travel to and from such court and of sojourn at the court in question, shall on demand be paid to such witness at the time of service of the subpoena.
A prisoner who is in a prison shall be subpoenaed as a witness on behalf of the defence or a private prosecutor only if the court before which the prisoner is to appear as a witness authorizes that the prisoner be subpoenaed as a witness, and the court shall give such authority only if it is satisfied that the evidence in question is necessary and material for the defence or the private prosecutor, as the case may be, and that the public safety or order will not be endangered by the calling of the witness.
Any person who is advised in writing by any police official that he will be required as a witness in criminal proceedings, shall, until such criminal proceedings have been finally disposed of or until he is officially advised that he will no longer be required as a witness, keep such police official informed at all times of his full residential address or any other address where he may conveniently be found.
Any person who fails to comply with the provisions of subsection (1), shall be guilty of an offence and liable on conviction to a fine not exceeding R300 or to imprisonment for a period not exceeding three months.
[Sub-s. (2) substituted by s. 14 of Act 33 of 1986.
Whenever any person is likely to give material evidence in criminal proceedings with reference to any offence, other than an offence referred to in Part III of Schedule 2 any magistrate, regional magistrate or judge of the court before which the relevant proceedings are pending may, upon information in writing and on oath that such person is about to abscond, issue a warrant for his arrest.
[Sub-s. (1) substituted by s. 3 of Act 126 of 1992.
If a person referred to in subsection (1) is arrested, the magistrate, regional magistrate or judge, as the case may be, may warn him to appear at the proceedings in question at a stated place and at a stated time and on a stated date and release him on any condition referred to in paragraph (a), (b) or (e) of section 62, in which event the provisions of subsections (1), (3) and (4) of section 66 shall mutatis mutandis apply with reference to any such condition.
A person who fails to comply with a warning under subsection (2) shall be guilty of an offence and liable to the punishment contemplated in paragraph (b) of this subsection.
The provisions of section 170 (2) shall mutatis mutandis apply with reference to any person who is guilty of an offence under paragraph (a) of this subsection.
Whenever any person is likely to give material evidence in criminal proceedings, any magistrate, regional magistrate or judge of the court before which the relevant proceedings are pending may, upon information in writing and on oath that such person is evading service of the relevant subpoena, issue a warrant for his arrest, whereupon the provisions of subsections (2) and (3) shall mutatis mutandis apply with reference to such person.
is of the opinion that the personal safety of such person is in danger or that he may abscond or that he may be tampered with or that he may be intimidated; or deems it to be in the interests of such person or of the administration of justice that he be detained in custody, the attorney-general may by way of affidavit place such information before a judge in chambers and apply to such judge for an order that the person concerned be detained pending the relevant proceedings.
The Attorney-general may in any case in which he is of the opinion that the object of obtaining an order under paragraph (a) may be defeated if the person concerned is not detained without delay, order that such person be detained forthwith but such order shall not endure for longer than seventy-two hours unless the attorney-general within that time by way of affidavit places before a judge in chambers the information on which he ordered the detention of the person concerned and such further information as might become available to him, and applies to such judge for an order that the person concerned be detained pending the relevant proceedings.
The attorney-general shall, as soon as he applies to a judge under paragraph for an order of detention, in writing advise the person in charge of the place where the person concerned is being detained, that he has so applied for an order, and shall, where a judge under subsection (2) (a) refuses to issue a warrant for the detention of the person concerned, forthwith advise the person so in charge of such refusal, whereupon the person so in charge shall without delay release the person detained.
that there is a danger that the personal safety of the person concerned may be threatened or that he may abscond or that he may be tampered with or that he may be intimidated; or that it would be in the interests of the person concerned or of the administration of justice that he be detained in custody, issue a warrant for the detention of such person.
The decision of a judge under paragraph (a) shall be final: Provided that where a judge refuses an application and further information becomes available to the attorney-general concerning the person in respect of whom the application was refused, the attorney-general may again apply under subsection (1) (a) for the detention of that person.
A person in respect of whom a warrant is issued under subsection (2), shall be taken to the place mentioned in the warrant and, in accordance with regulations which the Minister is hereby authorized to make, be detained there or at any other place determined by any judge from time to time, or, where the person concerned is detained in terms of an order by the attorney-general under subsection (1) (b), such person shall, pending the decision of the judge under subsection (2) (a), be taken to a place determined by the attorney-general and detained there in accordance with the said regulations.
the attorney-general orders that he be released earlier; or such proceedings have not commenced within six months from the date on which he is so detained, in which case he shall be released after the expiration of such period.
[Sub-s. (4) substituted by s. 2 (1) of Act 79 of 1978.
No person, other than an officer in the service of the State acting in the performance of his official duties, shall have access to a person detained under subsection (2), except with the consent of and subject to the conditions determined by the attorney-general or an officer in the service of the State delegated by him.
Any person detained under subsection (2) shall be visited in private at least once during each week by a magistrate of the district or area in which he is detained.
For the purposes of section 191 any person detained under subsection (2) of this section shall be deemed to have attended the criminal proceedings in question as a witness for the State during the whole of the period of his detention.
[Sub-s. (8) deleted by s. 69 of Act 88 of 1996.
In this section the expression 'judge in chambers' means a judge sitting behind closed doors when hearing the relevant application.
No information relating to the proceedings under subsection (1) or (2) shall be published or be made public in any manner whatever.
[S. 185A inserted by s. 4 of Act 135 of 1991 and repealed by s. 24 (1) of Act 112 of 1998.
The court may at any stage of criminal proceedings subpoena or cause to be subpoenaed any person as a witness at such proceedings, and the court shall so subpoena a witness or so cause a witness to be subpoenaed if the evidence of such witness appears to the court essential to the just decision of the case.
A witness who is subpoenaed to attend criminal proceedings, shall attend the proceedings and remain in attendance at the proceedings, and a person who is in attendance at criminal proceedings, though not subpoenaed as a witness, and who is warned by the court to remain in attendance at the proceedings, shall remain in attendance at the proceedings, unless such witness or such person is excused by the court: Provided that the court may, at any time during the proceedings in question, order that any person, other than the accused, who is to be called as a witness, shall leave the court and remain absent from the proceedings until he is called, and that he shall remain in court after he has given evidence.
Any person who is subpoenaed to attend criminal proceedings and who fails to attend or to remain in attendance at such proceedings, and any person who is warned by the court to remain in attendance at criminal proceedings and who fails to remain in attendance at such proceedings, and any person so subpoenaed or so warned who fails to appear at the place and on the date and at the time to which the proceedings in question may be adjourned or who fails to remain in attendance at such proceedings as so adjourned, shall be guilty of an offence and liable to the punishment contemplated in subsection (2).
[Sub-s. (1) substituted by s. 6 of Act 109 of 1984.
The provisions of section 170 (2) shall mutatis mutandis apply with reference to any person referred to in subsection (1).
If any person present at criminal proceedings is required to give evidence at such proceedings and refuses to be sworn or to make an affirmation as a witness, or, having been sworn or having made an affirmation as a witness, refuses to answer any question put to him or refuses or fails to produce any book, paper or document required to be produced by him, the court may in a summary manner enquire into such refusal or failure and, unless the person so refusing or failing has a just excuse for his refusal or failure, sentence him to imprisonment for a period not exceeding two years or, where the criminal proceedings in question relate to an offence referred to in Part III of Schedule 2, to imprisonment for a period not exceeding five years.
[Sub-s. (1) substituted by s. 20 of Act 59 of 1983 and by s. 4 of Act 126 of 1992.
After the expiration of any sentence imposed under subsection (1), the person concerned may from time to time again be dealt with under that subsection with regard to any further refusal or failure.
A court may at any time on good cause shown remit any punishment or part thereof imposed by it under subsection (1).
Any sentence imposed by any court under subsection (1) shall be executed and be subject to appeal in the same manner as a sentence imposed in any criminal case by such court, and shall be served before any other sentence of imprisonment imposed on the person concerned.
The court may, notwithstanding any action taken under this section, at any time conclude the criminal proceedings referred to in subsection (1).
No person shall be bound to produce any book, paper or document not specified in any subpoena served upon him, unless he has such book, paper or document in court.
Any lower court shall have jurisdiction to sentence any person to the maximum period of imprisonment prescribed by this section.
Any party may in criminal proceedings impeach or support the credibility of any witness called against or on behalf of such party in any manner in which and by any evidence by which the credibility of such witness might on the thirtieth day of May, 1961, have been impeached or supported by such party.
Any such party who has called a witness who has given evidence in any such proceedings (whether that witness is or is not, in the opinion of the court, adverse to the party calling him), may, after such party or the court has asked the witness whether he did or did not previously make a statement with which his evidence in the said proceedings is inconsistent, and after sufficient particulars of the alleged previous statement to designate the occasion when it was made have been given to the witness, prove that he previously made a statement with which such evidence is inconsistent.
Any person who attends criminal proceedings as a witness for the State shall be entitled to such allowance as may be prescribed under subsection (3): Provided that the judicial officer or the judge presiding at such proceedings may, if he thinks fit, direct that no such allowance or that only a part of such allowance shall be paid to any such witness.
Subject to any regulation made under subsection (3), the judicial officer or the judge presiding at criminal proceedings may, if he thinks fit, direct that any person who has attended such proceedings as a witness for the accused, shall be paid such allowance as may be prescribed by such regulation, or such lesser allowance as such judicial officer or such judge may determine.
(3)20* The Minister may, in consultation with the Minister of Finance, by regulation prescribe a tariff of allowances which may be paid out of public moneys to witnesses in criminal proceedings, and may by regulation prescribe different tariffs for witnesses according to their several callings, occupations or stations in life, and according also to the distances to be travelled by such witnesses to reach the place where the proceedings in question are to take place, and may by regulation further prescribe the circumstances in which such allowances may be paid to any witness for an accused.
The Minister may under subsection (3) empower any officer in the service of the State to authorize, in any case in which the payment of an allowance in accordance with the tariff prescribed21* may cause undue hardship or in the case of any person resident outside the Republic, the payment of an allowance in accordance with a higher tariff than the tariff prescribed.
For the purposes of this section 'witness' shall include any person necessarily required to accompany any witness on account of his youth, old age or infirmity.
The Minister has the power to determine services to be provided to a witness who is required to give evidence in any court of law.
the counselling of witnesses; and any other matter which the Minister deems expedient to prescribe in order to provide services to witnesses at courts.
Any regulation made under this section which may result in financial expenditure for the State must be made in consultation with the Minister of Finance.
Any regulation made under this section may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding three years.
Any regulation made under this section must, before publication thereof in the Gazette, be submitted to Parliament.
[S. 191A inserted by s. 25 of Act 112 of 1998.
Every person not expressly excluded by this Act from giving evidence shall, subject to the provisions of section 206, be competent and compellable to give evidence in criminal proceedings.
The court in which criminal proceedings are conducted shall decide any question concerning the competency or compellability of any witness to give evidence.
No person appearing or proved to be afflicted with mental illness or to be labouring under any imbecility of mind due to intoxication or drugs or the like, and who is thereby deprived of the proper use of his reason, shall be competent to give evidence while so afflicted or disabled.
the statutory offence of making a false statement in any affidavit or any affirmed, solemn or attested declaration if it is made in connection with or for the purpose of any such proceedings as are mentioned in paragraph (h).
[Sub-s. (1) amended by s. 5 of Act 72 of 1985 and by s. 7 of Act 26 of 1987, substituted by s. 6 of Act 45 of 1988, amended by s. 4 of Act 18 of 1996, by s. 1 of Act 49 of 1996 and by s. 45 (1) of Act 99 of 1998 and substituted by s. 68 of Act 32 of 2007.
For the purposes of the law of evidence in criminal proceedings 'marriage' shall include a customary marriage or customary union concluded under the indigenous law and custom of any of the indigenous peoples of the Republic of South Africa or any marriage concluded under any system of religious law.
[Sub-s. (2) substituted by s. 4 of Act 18 of 1996.
the wife or husband of an accused shall not be a compellable witness where a co-accused calls that wife or husband as a witness for the defence.
[Para. (b) substituted by s. 7 of Act 45 of 1988.
The evidence which an accused may, upon his own application, give in his own defence at joint criminal proceedings, shall not be inadmissible against a co-accused at such proceedings by reason only that such accused is for any reason not a competent witness for the prosecution against such co-accused.
An accused may not make an unsworn statement at his trial in lieu of evidence but shall, if he wishes to give evidence, do so on oath or, as the case may be, by affirmation.
the proceedings against him are such as are described in section 240 or 241 and the notice under those sections has been given to him; or the proof that he has committed or has been convicted of such other offence is admissible evidence to show that he is guilty of the offence with which he is charged.
A husband shall not at criminal proceedings be compelled to disclose any communication which his wife made to him during the marriage, and a wife shall not at criminal proceedings be compelled to disclose any communication which her husband made to her during the marriage.
Subsection (1) shall also apply to a communication made during the subsistence of a marriage or a putative marriage which has been dissolved or annulled by a competent court.
[Sub-s (2) substituted by s. 8 of Act 45 of 1988.
No person shall at criminal proceedings be compelled to answer any question or to give any evidence, if the question or evidence is such that under the circumstances the husband or wife of such person, if under examination as a witness, may lawfully refuse and cannot be compelled to answer or to give it.
A witness in criminal proceedings may not refuse to answer any question relevant to the issue by reason only that the answer establishes or may establish a civil liability on his part.
No legal practitioner qualified to practise in any court, whether within the Republic or elsewhere, shall be competent, without the consent of the person concerned, to give evidence at criminal proceedings against any person by whom he is professionally employed or consulted as to any fact, matter or thing with regard to which such practitioner would not on the thirtieth day of May, 1961, by reason of such employment or consultation, have been competent to give evidence without such consent: Provided that such legal practitioner shall be competent and compellable to give evidence as to any fact, matter or thing which relates to or is connected with the commission of any offence with which the person by whom such legal practitioner is professionally employed or consulted, is charged, if such fact, matter or thing came to the knowledge of such legal practitioner before he was professionally employed or consulted with reference to the defence of the person concerned.
Except as is in this Act provided and subject to the provisions of any other law, no witness in criminal proceedings shall be compellable or permitted to give evidence as to any fact, matter or thing or as to any communication made to or by such witness, if such witness would on the thirtieth day of May, 1961, not have been compellable or permitted to give evidence with regard to such fact, matter or thing or communication by reason that it should not, on the grounds of public policy or from regard to public interest, be disclosed, and that it is privileged from disclosure: Provided that any person may in criminal proceedings adduce evidence of any communication alleging the commission of an offence, if the making of that communication prima facie constitutes an offence, and the judge or judicial officer presiding at such proceedings may determine whether the making of such communication prima facie does or does not constitute an offence, and such determination shall, for the purpose of such proceedings, be final.
No witness in criminal proceedings shall, except as provided by this Act or any other law, be compelled to answer any question which he would not on the thirtieth day of May, 1961, have been compelled to answer by reason that the answer may expose him to a criminal charge.
that if he answers frankly and honestly all questions put to him, he shall be discharged from prosecution with regard to the offence so specified and with regard to any offence in respect of which a verdict of guilty would be competent upon a charge relating to the offence so specified; and such witness shall thereupon give evidence and answer any question put to him, whether by the prosecution, the accused or the court, notwithstanding that the reply thereto may incriminate him with regard to the offence so specified by the prosecutor or with regard to any offence in respect of which a verdict of guilty would be competent upon a charge relating to the offence so specified.
such witness shall, subject to the provisions of subsection (3), be discharged from prosecution for the offence so specified by the prosecutor and for any offence in respect of which a verdict of guilty would be competent upon a charge relating to the offence so specified; and the court shall cause such discharge to be entered on the record of the proceedings in question.
The discharge referred to in subsection (2) shall be of no legal force or effect if it is given at preparatory examination proceedings and the witness concerned does not at any trial arising out of such preparatory examination, answer, in the opinion of the court, frankly and honestly all questions put to him at such trial, whether by the prosecution, the accused or the court.
Where a witness gives evidence under this section and is not discharged from prosecution in respect of the offence in question, such evidence shall not be admissible in evidence against him at any trial in respect of such offence or any offence in respect of which a verdict of guilty is competent upon a charge relating to such offence.
The provisions of this subsection shall not apply with reference to a witness who is prosecuted for perjury arising from the giving of the evidence in question, or for a contravention of section 319 (3) of the Criminal Procedure Act, 1955 (Act 56 of 1955).
A judge of a High Court, a regional court magistrate or a magistrate may, subject to the provisions of subsection (4) and section 15 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002, upon the request of a Director of Public Prosecutions or a public prosecutor authorized thereto in writing by the Director of Public Prosecutions, require the attendance before him or her or any other judge, regional court magistrate or magistrate, for examination by the Director of Public Prosecutions or the public prosecutor authorized thereto in writing by the Director of Public Prosecutions, of any person who is likely to give material or relevant information as to any alleged offence, whether or not it is known by whom the offence was committed: Provided that if such person furnishes that information to the satisfaction of the Director of Public Prosecutions or public prosecutor concerned prior to the date on which he or she is required to appear before a judge, regional court magistrate or magistrate, he or she shall be under no further obligation to appear before a judge, regional court magistrate or magistrate. [Sub-s. (1) substituted by s. 59 of Act 70 of 2002.
The provisions of sections 162 to 165 inclusive, 179 to 181 inclusive, 187 to 189 inclusive, 191 and 204 shall mutatis mutandis apply with reference to the proceedings under subsection (1).
The examination of any person under subsection (1) may be conducted in private at any place designated by the judge, regional court magistrate or magistrate.
A person required in terms of subsection (1) to appear before a judge, a regional court magistrate or a magistrate for examination, and who refuses or fails to give the information contemplated in subsection (1), shall not be sentenced to imprisonment as contemplated in section 189 unless the judge, regional court magistrate or magistrate concerned, as the case may be, is also of the opinion that the furnishing of such information is necessary for the administration of justice or the maintenance of law and order.
[S. 205 substituted by s. 11 of Act 204 of 1993.
The law as to the competency, compellability or privilege of witnesses which was in force in respect of criminal proceedings on the thirtieth day of May, 1961, shall apply in any case not expressly provided for by this Act or any other law.
No provision of this Chapter shall be construed as modifying any provision of any other law whereby in any criminal proceedings referred to in such law a person is deemed a competent witness.
An accused may be convicted of any offence on the single evidence of any competent witness.
An accused may be convicted of any offence on the single evidence of a confession by such accused that he committed the offence in question, if such confession is confirmed in a material respect or, where the confession is not so confirmed, if the offence is proved by evidence, other than such confession, to have been actually committed.
No evidence as to any fact, matter or thing shall be admissible which is irrelevant or immaterial and which cannot conduce to prove or disprove any point or fact at issue in criminal proceedings.
Except where otherwise expressly provided by this Act or the Child Justice Act, 2008, or except where the fact of a previous conviction is an element of any offence with which an accused is charged, evidence shall not be admissible at criminal proceedings in respect of any offence to prove that an accused at such proceedings had previously been convicted of any offence, whether in the Republic or elsewhere, and no accused, if called as a witness, shall be asked whether he or she has been so convicted.
[S. 211 substituted by s. 99 (1) of Act 75 of 2008.
that such act, transaction or occurrence took place; or that such functionary performed such act or took part in such transaction, and that there is no record thereof, shall, upon its mere production at such proceedings, be prima facie proof that the act, transaction or occurrence in question did not take place or, as the case may be, that the functionary concerned did not perform the act in question or did not take part in the transaction in question.
Whenever in criminal proceedings the question arises whether any person bearing a particular name did or did not furnish any particular officer in the service of the State or of a provincial administration with any particular information or document, a document purporting to be an affidavit made by a person who in that affidavit alleges that he is the said officer and that no person bearing the said name furnished him with such information or document, shall, upon its mere production at such proceedings, be prima facie proof that the said person did not furnish the said officer with any such information or document.
Whenever in criminal proceedings the question arises whether any matter has been registered under any law or whether any fact or transaction has been recorded thereunder or whether anything connected therewith has been done thereunder, a document purporting to be an affidavit made by a person who in that affidavit alleges that he is the person upon whom the law in question confers the power or imposes the duty to register such matter or to record such fact or transaction or to do such thing connected therewith and that he has registered the matter in question or that he has recorded the fact or transaction in question or that he has done the thing connected therewith or that he has satisfied himself that the matter in question was registered or that the fact or transaction in question was recorded or that the thing connected therewith was done, shall, upon its mere production at such proceedings, be prima facie proof that such matter was registered or, as the case may be, that such fact or transaction was recorded or that the thing connected therewith was done.
[Sub-s. (3) substituted by s. 12 of Act 56 of 1979.
in ballistics, in the identification of finger prints or palm-prints or in the examination of disputed documents, is or may become relevant to the issue at criminal proceedings, a document purporting to be an affidavit made by a person who in that affidavit alleges that he or she is in the service of the State or of a provincial administration or is in the service of or is attached to the South African Institute for Medical Research or any university in the Republic or any other body22* designated by the Minister for the purposes of this subsection by notice in the Gazette, and that he or she has established such fact by means of such an examination or process, shall, upon its mere production at such proceedings be prima facie proof of such fact: Provided that the person who may make such affidavit may, in any case in which skill is required in chemistry, anatomy or pathology, issue a certificate in lieu of such affidavit, in which event the provisions of this paragraph shall mutatis mutandis apply with reference to such certificate.
[Para. (a) amended by ss. 46 and 47 of Act 97 of 1986, by s. 40 of Act 122 of 1991 and by s. 9 of Act 86 of 1996 and substituted by s. 6 of Act 34 of 1998.
[NB: Para. (a) has been substituted by s. 4 (a) of the Criminal Law (Forensic Procedures) Amendment Act 6 of 2010, a provision which will be put into operation by proclamation. See PENDLEX.
Any person who issues a certificate under paragraph (a) and who in such certificate wilfully states anything which is false, shall be guilty of an offence and liable on conviction to the punishment prescribed for the offence of perjury.
Whenever the question as to the existence and nature of a precious metal or any precious stone is or may become relevant to the issue in criminal proceedings, a document purporting to be an affidavit made by a person who in that affidavit alleges that he is an appraiser of precious metals or precious stones, that he is in the service of the State, that such precious metal or such precious stone is indeed a precious metal or a precious stone, as the case may be, that it is a precious metal or a precious stone of a particular kind and appearance and that the mass or value of such precious metal or such precious stone is as specified in that affidavit, shall, upon its mere production at such proceedings, be prima facie proof that it is a precious metal or a precious stone of a particular kind and appearance and the mass or value of such precious metal or such precious stone is as so specified.
[Sub-s. (5) substituted by s. 11 of Act 5 of 1991.
found such finger-print or palm-print at or in the article or in the position or circumstances stated in the affidavit; or dealt with such finger-print or palm-print in the manner stated in the affidavit, shall, upon the mere production thereof at such proceedings, be prima facie proof that such finger-print or palm-print was so found or, as the case may be, was so dealt with. [NB: Sub-s. (6) has been substituted by s. 4 (b) of the Criminal Law (Forensic Procedures) Amendment Act 6 of 2010, a provision which will be put into operation by proclamation. See PENDLEX.
that he is employed at or in connection with the hospital, nursing home, ambulance or mortuary in question; and that he during the performance of his official duties observed the physical characteristics or condition of the deceased person or of the dead body in question; and that while the deceased person or the dead body in question was under his care, such deceased person or such dead body had or sustained the injuries or wounds described in the affidavit, or sustained no injuries or wounds; or that he pointed out or handed over the deceased person or the dead body in question to a specified person or that he left the deceased person or the dead body in question in the care of a specified person or that the deceased person or the dead body in question was pointed out or handed over to him or left in his care by a specified person, shall, upon the mere production thereof at such proceedings, be prima facie proof of the matter so alleged.
[Sub-para. (i) amended by s. 46 of Act 97 of 1986.
during a period specified in the affidavit, had a finger-print or palm-print, article of clothing, specimen, tissue or object described in the affidavit in his custody in the manner described in the affidavit, which was packed or marked in the manner described in the affidavit, shall, upon the mere production thereof at such proceedings, be prima facie proof of the matter so alleged: Provided that the person who may make such affidavit in any case relating to any article of clothing, specimen or tissue, may issue a certificate in lieu of such affidavit, in which event the provisions of this paragraph shall mutatis mutandis apply with reference to such certificate. [NB: Para. (a) has been substituted by s. 4 (c) of the Criminal Law (Forensic Procedures) Amendment Act 6 of 2010, a provision which will be put into operation by proclamation. See PENDLEX.
that he in the performance of his official duties received or, as the case may be, handled or transhipped the goods referred to in the consignment note referred to in paragraph (a), shall, upon the mere production thereof at such proceedings, be prima facie proof of the matter so alleged.
The Minister may in respect of any measuring instrument as defined in section 1 of the Trade Metrology Act, 1973 (Act 77 of 1973), by notice in the Gazette prescribe the conditions and requirements which shall be complied with before any reading by such measuring instrument may be accepted in criminal proceedings as proof of the fact which it purports to prove, and if the Minister has so prescribed such conditions and requirements and upon proof that such conditions and requirements have been complied with in respect of any particular measuring instrument, the measuring instrument in question shall, for the purposes of proving the fact which it purports to prove, be accepted at criminal proceedings as proving the fact recorded by it, unless the contrary is proved.
An affidavit in which the deponent declares that the conditions and requirements referred to in paragraph (a) have been complied with in respect of the measuring instrument in question shall, upon the mere production thereof at the criminal proceedings in question, be prima facie proof that such conditions and requirements have been complied with.
any such syringe or receptacle is immediately before being used for the said purpose, in a sealed condition, or contained in a holder which is sealed with a seal or in a manner prescribed by the Minister; and any such syringe, receptacle or holder bears an endorsement that the conditions and requirements prescribed by the Minister have been complied with in respect of such syringe or receptacle, proof at criminal proceedings that the seal, as thus prescribed, of such syringe or receptacle was immediately before the use of such syringe or receptacle for the said purpose intact, shall be deemed to constitute prima facie proof that the syringe or the receptacle in question was then free from any substance or contamination which could materially affect the result of the analysis in question.
and that the seal was intact immediately before the syringe or receptacle was used for the said purpose; and that the syringe, receptacle or, as the case may be, the holder contained the endorsement referred to in paragraph (a) (ii), shall, upon the mere production thereof at the proceedings in question, be prima facie proof that the syringe or receptacle was so sealed, that the seal was so intact and that the syringe, receptacle or holder, as the case may be, was so endorsed.
Any person who for the purposes of this subsection makes or causes to be made a false endorsement on any syringe, receptacle or holder, knowing it to be false, shall be guilty of an offence and liable on conviction to the punishment prescribed for the offence of perjury.
The court before which an affidavit or certificate is under any of the preceding provisions of this section produced as prima facie proof of the relevant contents thereof, may in its discretion cause the person who made the affidavit or issued the certificate to be subpoenaed to give oral evidence in the proceedings in question, or may cause written interrogatories to be submitted to such person for reply, and such interrogatories and any reply thereto purporting to be a reply from such person, shall likewise be admissible in evidence at such proceedings.
No provision of this section shall affect any other law under which any certificate or other document is admissible in evidence, and the provisions of this section shall be deemed to be additional to and not in substitution of any such law.
it is authenticated in the manner prescribed in the rules of court for the authentication of documents executed outside the Republic; or it is authenticated by a person, and in the manner, contemplated in section 8 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act 16 of 1963).
The admissibility and evidentiary value of an affidavit contemplated in subsection (1) shall not be affected by the fact that the form of the oath, confirmation or attestation thereof differs from the form of the oath, confirmation or attestation prescribed in the Republic.
[S. 212A inserted by s. 5 of Act 157 of 1993.
If an accused has appointed a legal adviser and, at any stage during the proceedings, it appears to a public prosecutor that a particular fact or facts which must be proved in a charge against an accused is or are not in issue or will not be placed in issue in criminal proceedings against the accused, he or she may, notwithstanding section 220, forward or hand a notice to the accused or his or her legal adviser setting out that fact or those facts and stating that such fact or facts shall be deemed to have been proved at the proceedings unless notice is given that any such fact will be placed in issue.
The first-mentioned notice contemplated in subsection (1) shall be sent by certified mail or handed to the accused or his or her legal adviser personally at least 14 days before the commencement of the criminal proceedings or the date set for the continuation of the proceedings or within such shorter period as may be condoned by the court or agreed upon by the accused or his or her legal adviser and the prosecutor.
If any fact mentioned in such notice is intended to be placed in issue at the proceedings, the accused or his or her legal representative shall at least five days before the commencement or the date set for the continuation of the proceedings or within such shorter period as may be condoned by the court or agreed upon with the prosecutor deliver a notice in writing to that effect to the registrar or the clerk of the court, as the case may be, or orally notify the registrar or the clerk of the court to that effect in which case the registrar or the clerk of the court shall record such notice.
If, after receipt of the first-mentioned notice contemplated in subsection (1), any fact mentioned in that notice is not placed in issue as contemplated in subsection (3), the court may deem such fact or facts, subject to the provisions of subsections (5) and (6), to have been sufficiently proved at the proceedings concerned.
If a notice was forwarded or handed over by a prosecutor as contemplated in subsection (1), the prosecutor shall notify the court at the commencement of the proceedings of such fact and of the reaction thereto, if any, and the court shall thereupon institute an investigation into such of the facts which are not disputed and enquire from the accused whether he or she confirms the information given by the prosecutor and whether he or she understands his or her rights and the implications of the procedure and where the legal adviser of the accused replies to any question by the court under this section, the accused shall be required by the court to declare whether he or she confirms such reply or not.
The court may on its own initiative or at the request of the accused order oral evidence to be adduced regarding any fact contemplated in subsection (4).
[S. 212B inserted by s. 10 of Act 86 of 1996.
In criminal proceedings a written statement by any person, other than an accused at such proceedings, shall, subject to the provisions of subsection (2), be admissible as evidence to the same extent as oral evidence to the same effect by such person.
The statement shall purport to be signed by the person who made it, and shall contain a declaration by such person to the effect that it is true to the best of his knowledge and belief and that he made the statement knowing that, if it were tendered in evidence, he would be liable to prosecution if he wilfully stated in it anything which he knew to be false or which he did not believe to be true.
If the person who makes the statement cannot read it, it shall be read to him before he signs it, and an endorsement shall be made thereon by the person who so read the statement to the effect that it was so read.
A copy of the statement, together with a copy of any document referred to in the statement as an exhibit, or with such information as may be necessary in order to enable the party on whom it is served to inspect such document or a copy thereof, shall, before the date on which the document is to be tendered in evidence, be served on each of the other parties to the proceedings, and any such party may, at least two days before the commencement of the proceedings, object to the statement being tendered in evidence under this section.
If a party objects under paragraph (c) that the statement in question be tendered in evidence, the statement shall not, but subject to the provisions of paragraph (e), be admissible as evidence under this section.
If a party does not object under paragraph (c) or if the parties agree before or during the proceedings in question that the statement may be so tendered, the statement may, upon the mere production thereof at such proceedings, be admitted as evidence in the proceedings.
When the documents referred to in paragraph (c) are served on an accused, the documents shall be accompanied by a written notification in which the accused is informed that the statement in question will be tendered in evidence at his trial in lieu of the State calling as a witness the person who made the statement but that such statement shall not without the consent of the accused be so tendered in evidence if he notifies the prosecutor concerned, at least two days before the commencement of the proceedings, that he objects to the statement so being tendered in evidence.
The parties to criminal proceedings may, before or during such proceedings, agree that any written statement referred to in subsections (2) (a) and (b) which has not been served in terms of subsection (2) (c) be tendered in evidence at such proceedings, whereupon such statement may, upon the mere production thereof at such proceedings, be admitted as evidence in the proceedings.
the court may, of its own motion, and shall, upon the application of any party to the proceedings in question, cause such person to be subpoenaed to give oral evidence before the court or the court may, where the person concerned is resident outside the Republic, issue a commission in respect of such person in terms of section 171.
Any document or object referred to as an exhibit and identified in a written statement tendered in evidence under this section, shall be treated as if it had been produced as an exhibit and identified in court by the person who made the statement.
Any person who makes a statement which is admitted as evidence under this section and who in such statement wilfully and falsely states anything which, if sworn, would have amounted to the offence of perjury, shall be deemed to have committed the offence of perjury and shall, upon conviction, be liable to the punishment prescribed for the offence of perjury.
of paragraph (a), be read as evidence at such trial, if it appears from the preparatory examination record or it is proved to the satisfaction of the court that the accused or, as the case may be, the State had a full opportunity of cross-examining such witness.
The evidence of a witness given at a former trial may, in the circumstances referred to in section 214, mutatis mutandis be admitted in evidence at any later trial of the same person upon the same charge.
[S. 216 repealed by s. 9 of Act 45 of 1988.
[NB: Para. (a) has been substituted by s. 11 of the Criminal Procedure Amendment Act 86 of 1996, a provision which will be put into operation by proclamation. See PENDLEX.
[Sub-para. (i) substituted by s. 13 of Act 56 of 1979.
be presumed, unless the contrary is proved, to have been freely and voluntarily made by such person in his sound and sober senses and without having been unduly influenced thereto, if it appears from the document in which the confession is contained that the confession was made freely and voluntarily by such person in his sound and sober senses and without having been unduly influenced thereto.
The prosecution may lead evidence in rebuttal of evidence adduced by an accused in rebuttal of the presumption under proviso (b) to subsection (1).
if he adduces in the relevant proceedings any evidence, either directly or in cross-examining any witness, of any oral or written statement made by him either as part of or in connection with such confession; and if such evidence is, in the opinion of the judge or the judicial officer presiding at such proceedings, favourable to such person.
Evidence may be admitted at criminal proceedings of any fact otherwise admissible in evidence, notwithstanding that the witness who gives evidence of such fact, discovered such fact, or obtained knowledge of such fact only in consequence of information given by an accused appearing at such proceedings in any confession or statement which by law is not admissible in evidence against such accused at such proceedings, and notwithstanding that the fact was discovered or came to the knowledge of such witness against the wish or will of such accused.
Evidence may be admitted at criminal proceedings that anything was pointed out by an accused appearing at such proceedings or that any fact or thing was discovered in consequence of information given by such accused, notwithstanding that such pointing out or information forms part of a confession or statement which by law is not admissible in evidence against such accused at such proceedings.
No confession made by any person shall be admissible as evidence against another person.
be admissible in evidence against such person if it appears from such document that the admission was made by a person whose name corresponds to that of such person and, in the case of an admission made to a magistrate or confirmed in the presence of a magistrate through an interpreter, if a certificate by the interpreter appears on such document to the effect that he interpreted truly and correctly and to the best of his ability with regard to the contents of the admission and any question put to such person by the magistrate; and be presumed, unless the contrary is proved, to have been voluntarily made by such person if it appears from the document in which the admission is contained that the admission was made voluntarily by such person.
The prosecution may lead evidence in rebuttal of evidence adduced by an accused in rebuttal of the presumption under subsection (1).
[S. 219A inserted by s. 14 of Act 56 of 1979.
An accused or his or her legal adviser or the prosecutor may in criminal proceedings admit any fact placed in issue at such proceedings and any such admission shall be sufficient proof of such fact.
[S. 220 substituted by s. 12 of Act 86 of 1996.
the document is or forms part of a record relating to any trade or business and has been compiled in the course of that trade or business, from information supplied, directly or indirectly, by persons who have or may reasonably be supposed to have personal knowledge of the matters dealt with in the information they supply; and the person who supplied the information recorded in the statement in question is dead or is outside the Republic or is unfit by reason of his physical or mental condition to attend as a witness or cannot with reasonable diligence be identified or found or cannot reasonably be expected, having regard to the time which has elapsed since he supplied the information as well as all the circumstances, to have any recollection of the matters dealt with in the information he supplied.
For the purpose of deciding whether or not a statement is admissible as evidence under this section, the court may draw any reasonable inference from the form or content of the document in which the statement is contained, and may, in deciding whether or not a person is fit to attend as a witness, act on a certificate purporting to be a certificate of a registered medical practitioner.
In estimating the weight to be attached to a statement admissible as evidence under this section, regard shall be had to all the circumstances from which any inference may reasonably be drawn as to the accuracy or otherwise of the statement, and, in particular, to the question whether or not the person who supplied the information recorded in the statement, did so contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not that person or any person concerned with making or keeping the record containing the statement, had any incentive to conceal or misrepresent the facts.
No provision of this section shall prejudice the admissibility of any evidence which would be admissible apart from the provisions of this section.
'document' includes any device by means of which information is recorded or stored; and 'statement' includes any representation of fact, whether made in words or otherwise.
The provisions of sections 33 to 38 inclusive, of the Civil Proceedings Evidence Act, 1965 (Act 25 of 1965), shall mutatis mutandis apply with reference to criminal proceedings.
[S. 223 repealed by s. 9 of Act 45 of 1988.
any law which purports to be published under the superintendence or authority of the Government Printer.
Whenever it is relevant at criminal proceedings to ascertain whether any finger-print, palm-print or foot-print of an accused at such proceedings corresponds to any other finger-print, palm-print or foot-print, or whether the body of such an accused has or had any mark, characteristic or distinguishing feature or shows or showed any condition or appearance, evidence of the finger-prints, palm-prints or foot-prints of the accused or that the body of the accused has or had any mark, characteristic or distinguishing feature or shows or showed any condition or appearance, including evidence of the result of any blood test of the accused, shall be admissible at such proceedings.
Such evidence shall not be inadmissible by reason only thereof that the fingerprint, palm-print or foot-print in question was not taken or that the mark, characteristic, feature, condition or appearance in question was not ascertained in accordance with the provisions of section 37, or that it was taken or ascertained against the wish or the will of the accused concerned. [NB: S. 225 has been substituted by s. 5 of the Criminal Law (Forensic Procedures) Amendment Act 6 of 2010, a provision which will be put into operation by proclamation. See PENDLEX.
For the purposes of rebutting the presumption that a child to whom a married woman has given birth is the offspring of her husband, such woman or her husband, such woman or her husband or both of them may in criminal proceedings give evidence that they had no sexual intercourse with one another during the period when the child was conceived.
Evidence as to the character of an accused or as to the character of any person against or in connection with whom a sexual offence as contemplated in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, is alleged to have been committed, shall, subject to the provisions of subsection (2), be admissible or inadmissible if such evidence would have been admissible or inadmissible on the 30th day of May, 1961.
the court has, on application by any party to the proceedings, granted leave to adduce such evidence or to put such question; or such evidence has been introduced by the prosecution.
Before an application for leave contemplated in subsection (2) (a) is heard, the court may direct that any person, including the complainant, whose presence is not necessary may not be present at the proceedings.
The court shall, subject to subsection (6), grant the application referred to in subsection (2) (a) only if satisfied that such evidence or questioning is relevant to the proceedings pending before the court.
is not substantially outweighed by its potential prejudice to the complainant's personal dignity and right to privacy; or is likely to explain the presence of semen or the source of pregnancy or disease or any injury to the complainant, where it is relevant to a fact in issue.
is more likely to have consented to the offence being tried; or is less worthy of belief.
The court shall provide reasons for granting or refusing an application in terms of subsection (2) (a), which reasons shall be entered in the record of the proceedings.
[S. 227 substituted by s. 2 of Act 39 of 1989 and by s. 68 of Act 32 of 2007.
Comparison at criminal proceedings of a disputed writing with any writing proved to be genuine, may be made by a witness, and such writings and the evidence of any witness with respect thereto, may be submitted as proof of the genuineness or otherwise of the writing in dispute.
The Minister may from time to time by notice in the Gazette approve of tables prepared at any official observatory in the Republic of the times of sunrise and sunset on particular days at particular places in the Republic or any portion thereof, and appearing in any publication specified in the notice, and thereupon such tables shall, until the notice is withdrawn, on the mere production thereof in criminal proceedings be admissible as proof of such times.
Tables in force immediately prior to the commencement of this Act by virtue of the provisions of section 26 of the General Law Amendment Act, 1952 (Act 32 of 1952), shall be deemed to be tables approved under subsection (1) of this section.
would have been deemed sufficient proof of the appointment of any person to any public office or of the authority of any person to act as a public officer, shall in criminal proceedings be deemed to be sufficient proof of such appointment or authority.
which purports to bear the signature of any person holding a public office; and which bears a seal or stamp purporting to be a seal or stamp of the department, office or institution to which such person is attached, shall, upon the mere production thereof at criminal proceedings, be prima facie proof that such person signed such document.
Any court may in respect of any article, other than a document, which any party to criminal proceedings may wish to produce to the court as admissible evidence at such proceedings, permit such party to produce as evidence, in lieu of such article, any photograph thereof, notwithstanding that such article is available and can be produced in evidence.
The court may, notwithstanding the admission under subsection (1) of the photograph of any article, on good cause require the production of the article in question.
Whenever any book or other document is of such a public nature as to be admissible in evidence upon its mere production from proper custody, any copy thereof or extract therefrom shall be admissible in evidence at criminal proceedings if it is proved to be an examined copy or extract, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original is entrusted.
Such officer shall furnish such certified copy or extract to any person applying therefor, upon payment of an amount in accordance with the tariff of fees prescribed by or under any law or, if no such tariff has been so prescribed, an amount in accordance with such tariff of fees as the Minister, in consultation with the Minister of Finance, may from time to time determine.
It shall, at criminal proceedings, be sufficient to prove an original official document which is in the custody or under the control of any State official by virtue of his office, if a copy thereof or an extract therefrom, certified as a true copy or extract by the head of the department concerned or by any State official authorized thereto by such head, is produced in evidence at such proceedings.
An original official document referred to in subsection (1), other than the record of judicial proceedings, may be produced at criminal proceedings only upon the order of the attorney-general.
It shall not be necessary for the head of the department concerned to appear in person to produce an original document under paragraph (a), but such document may be produced by any person authorized thereto by such head.
Any official who, under subsection (1), certifies any copy or extract as true knowing that such copy or extract is false, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding two years.
It shall, at criminal proceedings, be sufficient to prove the original record of judicial proceedings if a copy of such record, certified or purporting to be certified by the registrar or clerk of the court or other officer having the custody of the record of such judicial proceedings or by the deputy of such registrar, clerk or other officer or, in the case where judicial proceedings are taken down in shorthand or by mechanical means, by the person who transcribed such proceedings, as a true copy of such record, is produced in evidence at such criminal proceedings, and such copy shall be prima facie proof that any matter purporting to be recorded thereon was correctly recorded.
Any person who, under subsection (1), certifies any copy as true knowing that such copy is false, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding two years.
[Para. (b) substituted by s. 12 (a) of Act 204 of 1993.
[Para. (d) substituted by s. 12 (b) of Act 204 of 1993.
be prima facie proof at such proceedings of the matters, transactions and accounts recorded in such accounting records or document.
that he has examined the entry, accounting record or document in question; and that a copy of such entry or document set out in the affidavit or in an annexure thereto is a correct copy of such entry or document.
Any party at the proceedings in question against whom evidence is adduced in terms of this section or against whom it is intended to adduce evidence in terms of this section, may, upon the order of the court before which the proceedings are pending, inspect the original of the document or entry in question and any accounting record in which such entry appears or of which such entry forms part, and such party may make copies of such document or entry, and the court shall, upon the application of the party concerned, adjourn the proceedings for the purpose of such inspection or the making of such copies.
No bank shall be compelled to produce any accounting record referred to in subsection (1) at any criminal proceedings, unless the court concerned orders that any such record be produced.
'entry' includes any notation in the accounting records of a bank by any means whatsoever.
[S. 236 substituted by s. 45 of Act 129 of 1993.
that the said entries have been made in the usual and ordinary course of the business of such institution; and that such accounting records are or document is in the custody or under the control of such institution, be prima facie proof at such proceedings of the matters, transactions and accounts recorded in such accounting records or document.
The admissibility and evidentiary value of an affidavit contemplated in subsections (1) and (2) shall not be affected by the fact that the form of the oath, confirmation or attestation thereof differs from the form of the oath, confirmation or attestation prescribed in the Republic.
A court before which an affidavit contemplated in subsections (1) and (2) is placed may, in order to clarify obscurities in the said affidavit, on the request of a party to the proceedings order that a supplementary affidavit be submitted or that oral evidence be heard: Provided that oral evidence shall only be heard if the court is of the opinion that it is in the interests of the administration of justice and that a party to the proceedings would be materially prejudiced should oral evidence not be heard.
'entry' includes any notation, by any means whatsoever, in the accounting records of an institution contemplated in subsection (1).
[S. 236A inserted by s. 6 of Act 157 of 1993.
At criminal proceedings at which an accused is charged with bigamy, it shall, as soon as it is proved that a marriage ceremony, other than the ceremony relating to the alleged bigamous marriage, took place within the Republic between the accused and another person, be presumed, unless the contrary is proved, that the marriage was on the date of the solemnization thereof lawful and binding.
to be an extract from a marriage register kept according to law in the country where the marriage is alleged to have been solemnized; and to be certified as such an extract by the person having the custody of such register, if the signature of such person on the certificate is authenticated in accordance with any law of the Republic governing the authentication of documents executed outside the Republic.
that the accused had been treating and recognizing such person as a spouse; and of the performance of a marriage ceremony between the accused and such person, shall, as soon as the alleged bigamous marriage, wherever solemnized, has been proved, be prima facie proof that there was a lawful and binding marriage subsisting between the accused and such person at the time of the solemnization of the alleged bigamous marriage.
the accused shall be presumed, unless the contrary is proved, to have had knowledge, at the time of the alleged offence, of the relationship existing between him or her and the other party to the incest.
relevant to the issue at criminal proceedings at which an accused is charged with incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, such fact may be proved prima facie in the manner provided in section 237 for the proof of the existence of a lawful and binding marriage of a person charged with bigamy.
[Sub-s. (2) substituted by s. 68 of Act 32 of 2007.
At criminal proceedings at which an accused is charged with the killing of a newly-born child, such child shall be deemed to have been born alive if the child is proved to have breathed, whether or not the child had an independent circulation, and it shall not be necessary to prove that such child was, at the time of its death, entirely separated from the body of its mother.
At criminal proceedings at which an accused is charged with the concealment of the birth of a child, it shall not be necessary to prove whether the child died before or at or after birth.
At criminal proceedings at which an accused is charged with receiving stolen property which he knew to be stolen property, evidence may be given at any stage of the proceedings that the accused was, within the period of twelve months immediately preceding the date on which he first appeared in a magistrate's court in respect of such charge, found in possession of other stolen property: Provided that no such evidence shall be given against the accused unless at least three days' notice in writing has been given to him that it is intended to adduce such evidence against him.
The evidence referred to in subsection (1) may be taken into consideration for the purpose of proving that the accused knew that the property which forms the subject of the charge was stolen property.
that the accused was at that time under the age of twenty-one years; or that the accused had good cause, other than the mere statement of the person from whom he received such property, to believe, and that he did believe, that such person had the right to dispose of such property.
If at criminal proceedings at which an accused is charged with receiving stolen property which he knew to be stolen property, it is proved that such property was found in the possession of the accused, evidence may at any stage of the proceedings be given that the accused was, within the five years immediately preceding the date on which he first appeared in a magistrate's court in respect of such charge, convicted of an offence involving fraud or dishonesty, and such evidence may be taken into consideration for the purpose of proving that the accused knew that the property found in his possession was stolen property: Provided that not less than three days' notice in writing shall be given to the accused that it is intended to adduce evidence of such previous conviction.
If at criminal proceedings at which an accused is charged with the unlawful publication of defamatory matter which is contained in a periodical, it is proved that such periodical or the part in which such defamatory matter is contained, was published by the accused, other writings or prints purporting to be other numbers or parts of the same periodical, previously or subsequently published, and containing a printed statement that they were published by or for the accused, shall be admissible in evidence without further proof of their publication.
while a clerk, servant or agent, of money or of property which belonged to his employer or principal or which came into the possession of the accused on account of his employer or principal, an entry in any book of account kept by the accused or kept under or subject to his charge or supervision, and which purports to be an entry of the receipt of money or of property, shall be proof that such money or such property was received by the accused.
on the examination of the books of account kept or the entries made by the accused or under or subject to his charge or supervision, there is proof of a general deficiency; and the court is satisfied that the accused stole the money or goods so deficient or any part thereof.
At criminal proceedings at which an accused is charged with any offence relating to any seal or stamp used for the purposes of the public revenue or of the post office in any foreign country, a despatch purporting to be from the officer administering the government of such country and transmitting to the State President any stamp, mark or impression and stating it to be a genuine stamp, mark or impression of a die-plate or other instrument provided or made or used by or under the direction of the proper authority of such country for the purpose of denoting stamp duty or postal charge, shall on its mere production at such proceedings be prima facie proof of the facts stated in the despatch.
If at criminal proceedings at which an accused is charged with an offence of which a false representation is an element, it is proved that the false representation was made by the accused, he shall be deemed, unless the contrary is proved, to have made such representation knowing it to be false.
which on the face thereof discloses any object of such association, shall, upon the mere production thereof by the prosecution at criminal proceedings, be prima facie proof that the said object is an object of such association.
Any document, including any newspaper, periodical, book, pamphlet, letter, circular letter, list, record, placard or poster, on the face whereof it appears that a person of a name corresponding to that of an accused person has at any particular time been outside the Republic or has at any particular time made any statement outside the Republic, shall, upon the mere production thereof by the prosecution at criminal proceedings, be prima facie proof that the accused was outside the Republic at such time or, as the case may be, that the accused made such statement outside the Republic at such time, if such document is accompanied by a certificate, purporting to have been signed by the Secretary for Foreign Affairs, to the effect that he is satisfied that such document is of foreign origin.
If an act or an omission constitutes an offence only when committed by a person possessing a particular qualification or quality, or vested with a particular authority or acting in a particular capacity, an accused charged with such an offence upon a charge alleging that he possessed such qualification or quality or was vested with such authority or was acting in such capacity, shall, at criminal proceedings, be deemed to have possessed such qualification or quality or to have been vested with such authority or to have been acting in such capacity at the time of the commission of the offence, unless such allegation is at any time during the criminal proceedings expressly denied by the accused or is disproved.
If such allegation is denied or evidence is led to disprove it after the prosecution has closed its case, the prosecution may adduce any evidence and submit any argument in support of the allegation as if it had not closed its case.
When an accused is at criminal proceedings charged with any offence of which the failure to pay any tax or impost to the State, or of which the failure to furnish to any officer of the State any information relating to any tax or impost which is or may be due to the State is an element, the accused shall be deemed to have failed to pay such tax or impost or to furnish such information, unless the contrary is proved.
owned or had in his possession or custody or used any article; or was present at or entered any place, without being the holder of a licence, permit, permission or other authority or qualification (in this section referred to as the 'necessary authority'), an accused shall, at criminal proceedings upon a charge that he committed such an offence, be deemed not to have been the holder of the necessary authority, unless the contrary is proved.
Any peace officer and, where any fee payable for the necessary authority would accrue to the National Revenue Fund or the Railway and Harbour Fund or a provincial revenue fund, any person authorized thereto in writing by the head of the relevant department or sub-department or by the officer in charge of the relevant office, may demand the production from a person referred to in subsection (1) of the necessary authority which is appropriate.
[Para. (a) amended by s. 1 of Act 49 of 1996 and by s. 4 of Act 18 of 1996.
Any peace officer, other than a police official in uniform, and any person authorized under paragraph (a) shall, when demanding the necessary authority from any person, produce at the request of that person, his authority to make the demand.
Any person who is the holder of the necessary authority and who fails without reasonable cause to produce forthwith such authority to the person making the demand under subsection (2) for the production thereof, or who fails without reasonable cause to submit such authority to a person and at a place and within such reasonable time as the person making the demand may specify, shall be guilty of an offence and liable on conviction to a fine not exceeding R300 or to imprisonment for a period not exceeding three months.
[Sub-s. (3) substituted by s. 15 of Act 33 of 1986.
An instrument liable to stamp duty shall not be held inadmissible at criminal proceedings on the ground only that it is not stamped as required by law.
The law as to the admissibility of evidence which was in force in respect of criminal proceedings on the thirtieth day of May, 1961, shall apply in any case not expressly provided for by this Act or any other law.
Any law enforcement officer, official of the State or any other person authorised thereto for such purpose (hereinafter referred to in this section as an official or his or her agent) may make use of a trap or engage in an undercover operation in order to detect, investigate or uncover the commission of an offence, or to prevent the commission of any offence, and the evidence so obtained shall be admissible if that conduct does not go beyond providing an opportunity to commit an offence: Provided that where the conduct goes beyond providing an opportunity to commit an offence a court may admit evidence so obtained subject to subsection (3).
whether the official or his or her agent acted in good or bad faith; or any other factor which in the opinion of the court has a bearing on the question.
If a court in any criminal proceedings finds that in the setting of a trap or the engaging in an undercover operation the conduct goes beyond providing an opportunity to commit an offence, the court may refuse to allow such evidence to be tendered or may refuse to allow such evidence already tendered, to stand, if the evidence was obtained in an improper or unfair manner and that the admission of such evidence would render the trial unfair or would otherwise be detrimental to the administration of justice.
whether in the setting of a trap or the engagement of an undercover operation the means used was proportional to the seriousness of the offence; and any other factor which in the opinion of the court ought to be taken into account.
An attorney-general may issue general or specific guidelines regarding the supervision and control of traps and undercover operations, and may require any official or his or her agent to obtain his or her written approval in order to set a trap or to engage in an undercover operation at any place within his or her area of jurisdiction, and in connection therewith to comply with his or her instructions, written or otherwise.
An official or his or her agent who sets or participates in a trap or an undercover operation to detect, investigate or uncover or to obtain evidence of or to prevent the commission of an offence, shall not be criminally liable in respect of any act which constitutes an offence and which relates to the trap or undercover operation if it was performed in good faith.
No prosecution for an offence contemplated in paragraph (a) shall be instituted against an official or his or her agent without the written authority of the attorney-general.
If at any stage of the proceedings the question is raised whether evidence should be excluded in terms of subsection (3) the burden of proof to show, on a balance of probabilities, that the evidence is admissible, shall rest on the prosecution: Provided that the accused shall furnish the grounds on which the admissibility of the evidence is challenged: Provided further that if the accused is not represented the court shall raise the question of the admissibility of the evidence.
The question whether evidence should be excluded in terms of subsection (3) may, on application by the accused or the prosecution, or by order of the court of its own accord be adjudicated as a separate issue in dispute.
[S. 252A inserted by s. 1 of Act 85 of 1996.
No provision of this Chapter shall be construed as modifying any provision of any other law whereby in any criminal proceedings referred to in such law certain specified facts and circumstances are deemed to be evidence or a particular fact or circumstance may be proved in a manner specified therein.
[S. 254 amended by s. 8 of Act 26 of 1987 and repealed by s. 99 (1) of Act 75 of 2008.
(a) If in any court during the trial of a person who is charged with an offence, other than an offence referred to in section 18, it appears to the judge or judicial officer presiding at the trial that such person is probably a person as is described in section 21 (1) of the Prevention and Treatment of Drug Dependency Act, 1992 (in this section referred to as the said Act), the judge or judicial officer, may, with the consent of the prosecutor given after consultation with a social worker as defined in section 1 of the said Act, stop the trial and order that an enquiry be held in terms of section 22 of the said Act in respect of the person concerned by a magistrate as defined in section 1 of the said Act and indicated in the order.
[Para. (a) substituted by s. 32 of Act 105 of 1997.
The prosecutor shall not give his consent in terms of paragraph (a) if the person concerned is a person in respect of whom the imposition of punishment of imprisonment would be compulsory if he were convicted at such trial.
If the person concerned is in custody he shall for all purposes be deemed to have been arrested in terms of a warrant issued under section 21 (1) of the said Act and shall as soon as practicable be brought before the said magistrate.
If the person concerned is not in custody the said judge or judicial officer shall determine the time when and the place where the person concerned shall appear before the said magistrate, and he shall thereafter for all purposes be deemed to have been summoned in terms of section 21 (1) of the said Act to appear before the said magistrate at the time and place so determined.
As soon as possible after an order has been made under subsection (1) of this section, a prosecutor attached to the court of the said magistrate shall obtain a report as is mentioned in section 21 (2) of the said Act.
The provisions of the said Act shall mutatis mutandis apply in respect of a person who appears before a magistrate, as defined in section 1 of the said Act, in pursuance of an order made under subsection (1) of this section as if he were a person brought before the said magistrate in terms of section 21 (1) of the said Act and as if the report obtained in terms of subsection (3) of this section were a report obtained in terms of section 21 (2) of the said Act.
If an order is made under subsection (1) in the course of a trial, whether before or after conviction, and a magistrate under the said Act orders that the person concerned be detained in a treatment centre or registered treatment centre, the proceedings at the trial shall be null and void in so far as such person is concerned.
A copy of the record of the proceedings at the trial, certified or purporting to be certified by the registrar or clerk of the court or other officer having custody of the record of such proceedings or by the deputy of such registrar, clerk or other officer or, in the case where the proceedings were taken down in shorthand or by mechanical means, by the person who transcribed the proceedings, as a true copy of such record, may be produced at the said enquiry as evidence.
[S. 255 substituted by s. 50 of Act 20 of 1992.
If the evidence in criminal proceedings does not prove the commission of the offence charged but proves an attempt to commit that offence or an attempt to commit any other offence of which an accused may be convicted on the offence charged, the accused may be found guilty of an attempt to commit that offence or, as the case may be, such other offence.
If the evidence in criminal proceedings does not prove the commission of the offence charged but proves that the accused is guilty as an accessory after that offence or any other offence of which he may be convicted on the offence charged, the accused may be found guilty as an accessory after that offence or, as the case may be, such other offence, and shall, in the absence of any punishment expressly provided by law, be liable to punishment at the discretion of the court: Provided that such punishment shall not exceed the punishment which may be imposed in respect of the offence with reference to which the accused is convicted as an accessory.
[S. 257 amended by s. 33 of Act 105 of 1997.
the offence of public violence; or the offence of pointing a fire-arm, air-gun or air-pistol in contravention of any law, the accused may be found guilty of the offence so proved.
[Para. (g) deleted by s. 1 of Act 49 of 1996.
the accused may be found guilty of the offence so proved, or, where the offence of assault with intent to do grievous bodily harm or the offence of common assault and the offence of theft are proved, of both such offences.
having committed an act of consensual sexual penetration with a child as contemplated in section 15 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or having committed an act of consensual sexual violation with a child as contemplated in section 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, the accused may be found guilty of the offence so proved.
having committed an act of consensual sexual violation with a child as contemplated in section 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, the accused may be found guilty of the offence so proved.
[S. 261 amended by s. 6 of Act 72 of 1985 and substituted by s. 68 of Act 32 of 2007.
If the evidence on a charge of housebreaking with intent to commit an offence specified in the charge, whether the charge is brought under a statute or the common law, does not prove the offence of housebreaking with intent to commit the offence so specified but the offence of housebreaking with intent to commit an offence other than the offence so specified or the offence of housebreaking with intent to commit an offence unknown or the offence of malicious injury to property, the accused may be found guilty of the offence so proved.
[Sub-s. (1) substituted by s. 6 of Act 64 of 1982.
If the evidence on a charge of housebreaking with intent to commit an offence to the prosecutor unknown, whether the charge is brought under a statute or the common law, does not prove the offence of housebreaking with intent to commit an offence to the prosecutor unknown, but the offence of housebreaking with intent to commit a specific offence, or the offence of malicious injury to property, the accused may be found guilty of the offence so proved.
[Sub-s. (2) substituted by s. 5 (a) of Act 4 of 1992.
If the evidence on a charge of attempted housebreaking with intent to commit an offence specified in the charge, or attempted housebreaking with intent to commit an offence to the prosecutor unknown, whether the charge is brought under a statute or the common law, does not prove the offence of attempted housebreaking with intent to commit the offence so specified, or attempted housebreaking with intent to commit an offence to the prosecutor unknown, but the offence of malicious injury to property, the accused may be found guilty of the offence so proved.
[Sub-s. (3) added by s. 5 (b) of Act 4 of 1992.
If the evidence on a charge for the statutory offence in any province of breaking and entering or of the entering of any premises with intent to commit an offence specified in the charge, does not prove the offence of breaking and entering or of entering the premises with intent to commit the offence so specified but the offence of breaking and entering or of entering the premises with intent to commit an offence other than the offence so specified or of breaking and entering the premises with intent to commit an offence unknown, the accused may be found guilty of the offence so proved; or where it is a statutory offence within the province in question to be in or upon any dwelling, premises or enclosed area between sunset and sunrise without lawful excuse, of such offence, if such be the facts proved.
If the evidence on a charge for the statutory offence in any province of breaking and entering or of the entering of any premises with intent to commit an offence to the prosecutor unknown, does not prove the offence of breaking and entering or of entering the premises with intent to commit an offence to the prosecutor unknown but the offence of breaking and entering or of entering the premises with intent to commit a specific offence, the accused may be found guilty of the offence so proved.
[Para. (d) deleted by s. 1 of Act 49 of 1996.] the accused may be found guilty of the offence so proved.
If a charge of theft alleges that the property referred to therein was stolen on one occasion and the evidence proves that the property was stolen on different occasions, the accused may be convicted of the theft of such property as if it had been stolen on that one occasion.
[Para. (c) deleted by s. 1 of Act 49 of 1996.] the accused may be found guilty of the offence so proved.
[Para. (b) substituted by s. 68 of Act 32 of 2007.
the accused may be found guilty of the offence so proved.
If the evidence on a charge of common assault proves the offence of sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in sections 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, the accused may be found guilty of any such offence, or, if the evidence on such a charge does not prove the offence of common assault but the offence of pointing a fire-arm, air-gun or air-pistol in contravention of any law, the accused may be found guilty of that offence.
[S. 267 substituted by s. 68 of Act 32 of 2007.
conspiring with such other person to have unlawful carnal intercourse, the accused may be found guilty of the offence so proved.
[S. 268 substituted by s. 68 of Act 32 of 2007.
[S. 269 repealed by s. 68 of Act 32 of 2007.
fraud; or extortion, the accused may be found guilty of the crime or offence so proved.
[S. 269A inserted by s. 36 (1) of Act 12 of 2004.
If the evidence on a charge for any offence not referred to in the preceding sections of this Chapter does not prove the commission of the offence so charged but proves the commission of an offence which by reason of the essential elements of that offence is included in the offence so charged, the accused may be found guilty of the offence so proved.
The prosecution may, after an accused has been convicted but before sentence has been imposed upon him, produce to the court for admission or denial by the accused a record of previous convictions alleged against the accused.
The court shall ask the accused whether he admits or denies any previous conviction referred to in subsection (1).
If the accused denies such previous conviction, the prosecution may tender evidence that the accused was so previously convicted.
If the accused admits such previous conviction or such previous conviction is proved against the accused, the court shall take such conviction into account when imposing any sentence in respect of the offence of which the accused has been convicted.
and has discharged that person in terms of section 297 without passing sentence or has not called upon him or her to appear before the court in terms of section 297 (3); or has discharged that person with a caution or reprimand in terms of section 297 (1) (c); or any offence in respect of which a sentence of imprisonment for a period not exceeding six months without the option of a fine, may be imposed, that conviction shall fall away as a previous conviction if a period of 10 years has elapsed after the date of conviction of the said offence, unless during that period the person has been convicted of an offence in respect of which a sentence of imprisonment for a period exceeding six months without the option of a fine, may be imposed.
[S. 271A inserted by s. 12 of Act 5 of 1991, amended by s. 6 of Act 4 of 1992 and substituted by s. 2 of Act 65 of 2008.
a sentence of periodical imprisonment, referred to in section 276 (1) (c).
who has been convicted of a sexual offence against a child or a person who is mentally disabled and whose name has been included in the National Register for Sex Offenders, as provided for in section 50 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007); or whose name has been included in the National Child Protection Register as a result of a conviction for an offence, as provided for in section 120 (1) (b) of the Children's Act, 2005 (Act 38 of 2005), does not qualify to have the criminal record in question expunged in terms of this section, unless his or her name has been removed from the National Register of Sex Offenders, as provided for in section 51 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, or section 128 of the Children's Act, 2005, as the case may be.
The Director-General: Justice and Constitutional Development must, on receipt of the written application of a person referred to in subsection (1), issue a certificate of expungement, directing that the criminal record of that person be expunged, if the Director-General is satisfied that the person applying for expungement complies with the criteria set out in subsection (1).
The Director-General: Justice and Constitutional Development must submit every certificate of expungement that has been issued as provided for in subsection to the head of the Criminal Record Centre of the South African Police Service, to be dealt with in accordance with section 271D.
[S. 271B inserted by s. 3 of Act 65 of 2008.
a contravention of section 2 or 3 of the Terrorism Act, 1967 (Act 83 of 1967); or a contravention of section 2 read with section 4 (1), of the Prohibition of Foreign Financing of Political Parties Act, 1968 (Act 51 of 1968).
a decree; or any other enactment having the force of law, other than those provisions referred to in subsection (1), which were enacted in the former Republic of South Africa, the former Republic of Transkei, Bophuthatswana, Ciskei or Venda, or in any former self-governing territory, as provided for in the Selfgoverning Territories Constitution Act, 1971 (Act 21 of 1971), before the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), took effect, which created offences that were based on race or which created offences, which would not have been considered to be offences in an open and democratic society, based on human dignity, equality and freedom, under the constitutional dispensation after 27 April 1994, the criminal record, containing the conviction and sentence in question, of that person must, on the person's written application, subject to subsection (3) and section 271D, be expunged.
The Director-General: Justice and Constitutional Development must, on receipt of the written application of a person referred to in subsection (2) (a) or (b), issue a certificate of expungement, directing that the criminal record of the person be expunged, if the Director-General is satisfied that the person applying for expungement complies with the criteria set out in subsection (1) or subsection (2) (a), as the case may be.
The Director-General: Justice and Constitutional Development must submit every certificate of expungement that has been issued as provided for in subsection or (5) (b) to the head of the Criminal Record Centre of the South African Police Service, to be dealt with in accordance with section 271D.
In the case of a dispute or any uncertainty as to whether an offence is an offence as referred to in subsection (1) or (2) (a) or not, the matter must be referred to the Minister for a decision.
If the Minister decides that the offence is an offence as referred to in subsection (1) or (2) (a), he or she must issue a certificate of expungement, directing that the criminal record of the person be expunged.
[S. 271C inserted by s. 3 of Act 65 of 2008.
he or she is furnished with a certificate of expungement by the Director-General: Justice and Constitutional Development as provided for in section 271B (2) or section 271C (3) or by the Minister as provided for in section 271C (5); or that person qualifies for the automatic expungement of his or her criminal record as provided for in section 271C (1).
has applied to have his or her criminal record expunged in terms of section 271B or section 271C (2); or qualifies to have his or her criminal record expunged automatically in terms of section 271C (1), in writing, confirm that the criminal record in question has been expunged.
intentionally or in a grossly negligent manner, expunges the criminal record of any person or confirms that a criminal record has been expunged as provided for in subsection (2), is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding 10 years or to both a fine and that imprisonment.
[S. 271D inserted by s. 3 of Act 65 of 2008.
the manner in which the Director-General must submit certificates of expungement that have been issued, to the head of the Criminal Record Centre of the South African Police Service, as provided for in section 271B (3) and section 271C (4); and may make regulations regarding any other matter which is necessary or expedient in order to achieve the objects of sections 271B, 271C and 271D.
[S. 271E inserted by s. 3 of Act 65 of 2008.
When a previous conviction may be proved under any provision of this Act, a record, photograph or document which relates to a finger-print and which purports to emanate from the officer commanding the South African Criminal Bureau or, in the case of any other country, from any officer having charge of the criminal records of the country in question, shall, whether or not such record, photograph or document was obtained under any law or against the wish or the will of the person concerned, be admissible in evidence at criminal proceedings upon production thereof by a police official having the custody thereof, and shall be prima facie proof of the facts contained therein.
any telegram purporting to have been sent by the officer commanding the South African Criminal Bureau or by any court within the Republic; or any document purporting to be certified as correct by the officer referred to in paragraph (a) or by any registrar or clerk of any court within the Republic or by any officer in charge of any prison within the Republic, and which purports to furnish such particulars or such clarification, shall, upon the mere production thereof at the relevant proceedings be admissible as prima facie proof of the facts contained therein.
A court may, before passing sentence, receive such evidence as it thinks fit in order to inform itself as to the proper sentence to be passed.
The accused may address the court on any evidence received under subsection (1), as well as on the matter of the sentence, and thereafter the prosecution may likewise address the court.
If sentence is not passed upon an accused forthwith upon conviction in a lower court, or if, by reason of any decision or order of a superior court on appeal, review or otherwise, it is necessary to add to or vary any sentence passed in a lower court or to pass sentence afresh in such court, any judicial officer of that court may, in the absence of the judicial officer who convicted the accused or passed the sentence, as the case may be, and after consideration of the evidence recorded and in the presence of the accused, pass sentence on the accused or take such other steps as the judicial officer who is absent, could lawfully have taken in the proceedings in question if he or she had not been absent.
a judge is required to sentence an accused convicted by him or her of any offence; or any matter is remitted on appeal or otherwise to the judge who presided at the trial of an accused, and that judge is for any reason not available, any other judge of the provincial or local division concerned may, after consideration of the evidence recorded and in the presence of the accused, sentence the accused or, as the case may be, take such other steps as the former judge could lawfully have taken in the proceedings in question if he or she had been available.
[S. 275 substituted by s. 7 of Act 34 of 1998.
[Para. (a) deleted by s. 34 of Act 105 of 1997.
[Para. (b) substituted by s. 3 of Act 107 of 1990 and by s. 20 of Act 116 of 1993.
[Para. (g) deleted by s. 2 of Act 33 of 1997.
[Para. (h) added by s. 41 (a) of Act 122 of 1991.
imprisonment from which such a person may be placed under correctional supervision in the discretion of the Commissioner or a parole board.
[Para. (i) added by s. 41 (a) of Act 122 of 1991 and substituted by s. 20 of Act 87 of 1997.
as authorizing any court to impose any sentence other than or any sentence in excess of the sentence which that court may impose in respect of any offence; or as derogating from any authority specially conferred upon any court by any law to impose any other punishment or to impose any forfeiture in addition to any other punishment.
Notwithstanding anything to the contrary in any law contained, other than the Criminal Law Amendment Act, 1997 (Act 105 of 1997), the provisions of subsection shall not be construed as prohibiting the court from imposing imprisonment together with correctional supervision; or from imposing the punishment referred to in subsection (1) (h) or (i) in respect of any offence, whether under the common law or a statutory provision, irrespective of whether the law in question provides for such or any other punishment: Provided that any punishment contemplated in this paragraph may not be imposed in any case where the court is obliged to impose a sentence contemplated in section 51 (1) or (2), read with section 52, of the Criminal Law Amendment Act, 1997.
[Para. (b) amended by s. 5 of Act 22 of 2005.
[Sub-s. (3) added by s. 41 (b) of Act 122 of 1991 and substituted by s. 18 (1) of Act 139 of 1992 and by s. 5 of Act 55 of 2003.
after a report of a probation officer or a correctional official has been placed before the court; and for a fixed period not exceeding three years.
[Sub-s. (1) amended by s. 68 of Act 32 of 2007 and substituted by s. 99 (1) of Act 75 of 2008.
if the court is of the opinion that the offence justifies the imposing of imprisonment, with or without the option of a fine, for a period not exceeding five years; and for a fixed period not exceeding five years.
[Sub-s. (2) substituted by s. 99 (1) of Act 75 of 2008.
Punishment imposed under paragraph (h) or (i) of section 276 (1) on a person convicted of any sexual offence shall, if practicable and if the convicted person demonstrates the potential to benefit from treatment, include the attendance of and participation in a sex offence specific treatment programme as prescribed in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, the cost of which shall be borne by the convicted person himself or herself.
[Sub-s. (2A) inserted by s. 68 of Act 32 of 2007.
not exceeding five years; or exceeding five years, but his date of release in terms of the provisions of the Correctional Services Act, 1959 (Act 8 of 1959), and the regulations made thereunder is not more than five years in the future, and such a person has already been admitted to a prison, the Commissioner or a parole board may, if he or it is of the opinion that such a person is fit to be subjected to correctional supervision, apply to the clerk or registrar of the court, as the case may be, to have that person appear before the court a quo in order to reconsider the said sentence.
[Para. (a) amended by s. 46 (a) of Act 129 of 1993 and by s. 21 (a) of Act 87 of 1997.
On receipt of any application referred to in paragraph (a) the clerk or registrar of the court, as the case may be, shall, after consultation with the prosecutor, set the matter down for a specific date on the roll of the court concerned.
[Para. (b) substituted by s. 46 (b) of Act 129 of 1993.
[Sub-para. (ii) substituted by s. 21 (b) of Act 87 of 1997.
submit any recommendation referred to in subparagraph (ii) to that judicial officer.
[Para. (c) amended by s. 46 (c) of Act 129 of 1993.
Whenever a court reconsiders a sentence in terms of this subsection, it shall have the same powers as if it were considering sentence after conviction of a person and the procedure adopted at such proceedings shall apply mutatis mutandis during such reconsideration: Provided that if the person concerned concurs thereto in writing, the proceedings contemplated in this subsection may be concluded in his absence: Provided further that he may nevertheless be represented at such proceedings or cause to submit written representations to the court.
Provided that the last-mentioned sentence, if imprisonment, shall not exceed the period of the unexpired portion of imprisonment still to be served at that point.
A court, whether constituted differently or not, which has imposed a punishment referred to in subsection (1) or (2) on a person or has converted his sentence under subsection (3) (e) (ii), may at any time, if it is found from a motivated recommendation by a probation officer, the Commissioner or the parole board that that person is not fit to be subject to correctional supervision or to serve the imposed punishment, reconsider that punishment and impose any other proper punishment.
[Para. (a) substituted by s. 21 (c) of Act 87 of 1997.
The procedure referred to in subsection (3) shall apply mutatis mutandis to the reconsideration of any punishment under this subsection.
[S. 276A inserted by s. 42 of Act 122 of 1991.
If a court sentences a person convicted of an offence to imprisonment for a period of two years or longer, the court may as part of the sentence, fix a period during which the person shall not be placed on parole.
Such period shall be referred to as the non-parole-period, and may not exceed two thirds of the term of imprisonment imposed or 25 years, whichever is the shorter.
If a person who is convicted of two or more offences is sentenced to imprisonment and the court directs that the sentences of imprisonment shall run concurrently, the court shall, subject to subsection (1) (b), fix the non-parole-period in respect of the effective period of imprisonment.
[S. 276B inserted by s. 22 of Act 87 of 1997.
[S. 277 substituted by s. 4 of Act 107 of 1990 and repealed by s. 35 of Act 105 of 1997.
[S. 278 repealed by s. 35 of Act 105 of 1997.
[S. 279 amended by s. 5 of Act 107 of 1990 and by s. 4 of Act 18 of 1996 and repealed by s. 35 of Act 105 of 1997.
When a person is at any trial convicted of two or more offences or when a person under sentence or undergoing sentence is convicted of another offence, the court may sentence him to such several punishments for such offences or, as the case may be, to the punishment for such other offence, as the court is competent to impose.
Such punishments, when consisting of imprisonment, shall commence the one after the expiration, setting aside or remission of the other, in such order as the court may direct, unless the court directs that such sentences of imprisonment shall run concurrently.
[Sub-s. (2) substituted by s. 47 (a) of Act 129 of 1993.
Such punishments, when consisting of correctional supervision referred to in section 276 (1) (h), shall commence the one after the expiration, setting aside or remission of the other, in such order as the court may direct, unless the court directs that such punishments of correctional supervision shall run concurrently: Provided that if such punishments in the aggregate exceed a period of three years, a period of not more than three years from the date on which the first of the said punishments has commenced shall be served, unless the court, when imposing sentence, otherwise directs.
[Sub-s. (3) added by s. 47 (b) of Act 129 of 1993.
to any fine of less than fifty rand which may not be exceeded in imposing or prescribing a fine, shall be construed as a reference to a fine of fifty rand.
Whenever any sentence of imprisonment, imposed on any person on conviction for an offence, is set aside on appeal or review and any sentence of imprisonment or other sentence of imprisonment is thereafter imposed on such person in respect of such offence in place of the sentence of imprisonment imposed on conviction, or any other offence which is substituted for that offence on appeal or review, the sentence which was later imposed may, if the court imposing it is satisfied that the person concerned has served any part of the sentence of imprisonment imposed on conviction, be antedated by the court to a specified date, which shall not be earlier than the date on which the sentence of imprisonment imposed on conviction was imposed, and thereupon the sentence which was later imposed shall be deemed to have been imposed on the date so specified.
[S. 282 substituted by s. 13 of Act 5 of 1991, amended by s. 48 of Act 129 of 1993 and substituted by s. 36 of Act 105 of 1997.
A person liable to a sentence of imprisonment for life or for any period, may be sentenced to imprisonment for any shorter period, and a person liable to a sentence of a fine of any amount may be sentenced to a fine of any lesser amount.
The provisions of subsection (1) shall not apply with reference to any offence for which a minimum penalty is prescribed in the law creating the offence or prescribing a penalty therefor.
No person shall be sentenced by any court to imprisonment for a period of less than four days unless the sentence is that the person concerned be detained until the rising of the court.
A court convicting a person of any offence, other than an offence in respect of which any law prescribes a minimum punishment, may, in lieu of any other punishment, sentence such person to undergo in accordance with the laws relating to prisons, periodical imprisonment for a period of not less than one hundred hours and not more than two thousand hours.
The court which imposes a sentence of periodical imprisonment upon any person shall cause to be served upon him a notice in writing directing him to surrender himself on a date and at a time specified in the notice or (if prevented from doing so by circumstances beyond his control) as soon as possible thereafter, to the officer in charge of a place so specified, whether within or outside the area of jurisdiction of the court, for the purpose of undergoing such imprisonment.
shall, subject to subsection (5), cause a notice as contemplated in paragraph (a) to be served on that person.
[Para. (b) added by s. 16 of Act 33 of 1986.
A copy of the said notice shall serve as a warrant for the reception into custody of the convicted person by the said officer.
without lawful excuse, the proof whereof shall be on such person, fails to comply with a notice issued under subsection (2); or when surrendering himself for the purpose of undergoing periodical imprisonment, is under the influence of intoxicating liquor or drugs or the like; or impersonates or falsely represents himself to be a person who has been directed to surrender himself for the purpose of undergoing periodical imprisonment, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding three months.
is undergoing a punishment of any other form of detention imposed by any court; or after having surrendered himself or herself pursuant to the notice issued under subsection (2), without lawful excuse, the proof whereof shall be on that person, thereafter fails to surrender himself or herself for the purpose of undergoing periodical imprisonment, as required, any magistrate before whom that person is brought, may set aside the unexpired portion of the sentence of periodical imprisonment and, after considering the evidence recorded in respect of the offence in question, may impose in lieu of any unexpired portion any punishment within the limits of his or her jurisdiction and of any punishment prescribed by any law as a punishment for the offence in question.
[Sub-s. (5) substituted by s. 12 (a) of Act 66 of 2008.
Any magistrate may, if it appears from information on oath that a person who has been sentenced in terms of subsection (1) has failed to surrender himself or herself to undergo imprisonment as provided for in this section, issue a warrant for the arrest of that person in order to deal with him or her in terms of subsection (5) (b).
[Sub-s. (6) added by s. 12 (b) of Act 66 of 2008.
Subject to the provisions of subsection (2), a superior court or a regional court which convicts a person of one or more offences, may, if it is satisfied that the said person habitually commits offences and that the community should be protected against him, declare him an habitual criminal, in lieu of the imposition of any other punishment for the offence or offences of which he is convicted.
[Para. (b) deleted by s. 6 of Act 107 of 1990.
if in the opinion of the court the offence warrants the imposition of punishment which by itself or together with any punishment warranted or required in respect of any other offence of which the accused is simultaneously convicted, would entail imprisonment for a period exceeding 15 years.
[Para. (c) substituted by s. 37 of Act 105 of 1997.
A person declared an habitual criminal shall be dealt with in accordance with the laws relating to prisons.
Subject to the provisions of subsections (2), (3) and (4), a superior court or a regional court which convicts a person of one or more offences, may, if it is satisfied that the said person represents a danger to the physical or mental well-being of other persons and that the community should be protected against him, declare him a dangerous criminal.
include a description of the nature of the enquiry; and include a finding as to the question whether the accused represents a danger to the physical or mental well-being of other persons.
If the persons conducting the enquiry are not unanimous in their finding under paragraph (d) (ii), such fact shall be mentioned in the report and each of such persons shall give his finding on the matter in question.
A psychiatrist appointed under paragraph (a), other than a psychiatrist appointed by an accused, shall, subject to the provisions of paragraph (i), be appointed from the list of psychiatrists referred to in section 79 (9).
Where the list compiled and kept in terms of section 79 (9) does not include a sufficient number of psychiatrists who may conveniently be appointed for any enquiry under this subsection, a psychiatrist may be appointed for the purposes of such enquiry notwithstanding that his name does not appear on such list.
For the purposes of this subsection a psychiatrist means a person registered as a psychiatrist under the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act 56 of 1974).
If the said finding is not unanimous or, if unanimous, is disputed by the prosecutor or the accused, the court shall determine the matter after hearing evidence, and the prosecutor and the accused may to that end present evidence to the court, including the evidence of any person who under subsection (3) (a) conducted the enquiry.
Where the said finding is disputed, the party disputing the finding may subpoena and cross-examine any person who under subsection (3) (a) conducted the enquiry.
[S. 286A inserted by s. 21 of Act 116 of 1993.
The court which declares a person a dangerous criminal shall sentence such person to undergo imprisonment for an indefinite period; and direct that such person be brought before the court on the expiration of a period determined by it, which shall not exceed the jurisdiction of the court.
A person sentenced under subsection (1) to undergo imprisonment for an indefinite period shall, notwithstanding the provisions of subsection (1) (b) but subject to the provisions of subsection (3), within seven days after the expiration of the period contemplated in subsection (1) (b) be brought before the court which sentenced him in order to enable such court to reconsider the said sentence: Provided that in the absence of the judicial officer who sentenced the person any other judicial officer of that court may, after consideration of the evidence recorded and in the presence of the person, make such order as the judicial officer who is absent could lawfully have made in the proceedings in question if he had not been absent.
The Commissioner may, if he is of the opinion that owing to practical or other considerations it is desirable that a court other than the court which sentenced the person should reconsider such sentence after the expiration of the period contemplated in subsection (1) (b), with the concurrence of the attorney-general in whose jurisdiction such other court is situated, apply to the registrar or to the clerk of the court, as the case may be, of the other court to have such person appear before the other court for that purpose: Provided that such sentence shall only be reconsidered by a court with jurisdiction equal to that of the court which sentenced the person.
On receipt of any application referred to in paragraph (a), the registrar or the clerk of the court, as the case may be, shall, after consultation with the prosecutor, set the matter down for a date which shall not be later than seven days after the expiration of the period contemplated in subsection (1) (b).
submit the case record to the judicial officer who is to reconsider the sentence; and inform the Commissioner in writing of the date for which the matter has been set down.
Whenever a court reconsiders a sentence in terms of this section, it shall have the same powers as it would have had if it were considering sentence after conviction of a person and the procedure adopted at such proceedings shall apply mutatis mutandis during such reconsideration: Provided that the court shall make no finding before it has considered a report of a parole board as contemplated in section 5C of the Correctional Services Act, 1959 (Act 8 of 1959).
where the person is brought before the court in terms of paragraph (b), again place the person under correctional supervision on the conditions it deems fit and for a period which shall not exceed the unexpired portion of the period of correctional supervision as converted in terms of subsection (4) (b) (ii).
For the purposes of subsection (4) (b) (i) or (5) (i), it shall not be regarded as exceeding the jurisdiction of the regional court if the further period contemplated in those subsections and the period contemplated in subsection (1) (b), together exceed such court's jurisdiction.
(i), the provisions of subsections (2) up to and including (6), as well as of this subsection, shall mutatis mutandis apply.
[S. 286B inserted by s. 21 of Act 116 of 1993.
Whenever a court convicts a person of any offence punishable by a fine (whether with or without any other direct or alternative punishment), it may, in imposing a fine upon such person, impose, as a punishment alternative to such fine, a sentence of imprisonment of any period within the limits of its jurisdiction: Provided that, subject to the provisions of subsection (3), the period of such alternative sentence of imprisonment shall not, either alone or together with any period of imprisonment imposed as a direct punishment, exceed the longest period of imprisonment prescribed by any law as a punishment (whether direct or alternative) for such offence.
Whenever a court has imposed upon any person a fine without an alternative sentence of imprisonment and the fine is not paid in full or is not recovered in full in terms of section 288, the court which passed sentence on such person (or if that court was a circuit local division of the Supreme Court, then the provincial or local division of the Supreme Court within whose area of jurisdiction such sentence was imposed) may issue a warrant directing that he be arrested and brought before the court, which may thereupon sentence him to such term of imprisonment as could have been imposed upon him as an alternative punishment in terms of subsection (1).
Whenever by any law passed before the date of commencement of the General Law Amendment Act, 1935 (Act 46 of 1935), a court is empowered to impose upon a person convicted by such court of an offence, a sentence of imprisonment (whether direct or as an alternative to a fine) of a duration proportionate to the sum of a fine, that court may, notwithstanding such law, impose upon any person convicted of such offence in lieu of a sentence of imprisonment which is proportionate as aforesaid, any sentence of imprisonment within the limits of the jurisdiction of the court.
act as if the person were sentenced to imprisonment as referred to in section 276 (1) (i); or apply in accordance with the provisions of section 276A (3) for the sentence to be reconsidered by the court a quo, and thereupon the provisions of section 276A (3) shall apply mutatis mutandis to such a case.
[Sub-s. (4) added by s. 43 of 122 of 1991 and amended by s. 23 of Act 87 of 1997.
Whenever a person is sentenced to pay a fine, the court passing the sentence may, in its discretion, issue a warrant addressed to the sheriff or messenger of the court authorizing him to levy the amount of the fine by attachment and sale of any movable property belonging to such person although the sentence directs that, in default of payment of the fine, such person shall be imprisoned.
The amount which may be levied shall be sufficient to cover, in addition to the fine, the costs and expenses of the warrant and of the attachment and sale thereunder.
If the proceeds of the sale of the movable property are insufficient to satisfy the amount of the fine and the costs and expenses aforesaid, a superior court may issue a warrant, or, in the case of a sentence by any lower court, authorize such lower court to issue a warrant for the levy against the immovable property of such person of the amount unpaid.
When a person is sentenced only to a fine or, in default of payment of the fine, imprisonment and the court issues a warrant under this section, it may suspend the execution of the sentence of imprisonment and may release the person upon his executing a bond with or without sureties as the court thinks fit, on condition that he appears before such court or some other court on the day appointed for the return of such warrant, such day being not more than fifteen days from the time of executing the bond, and in the event of the amount of the fine not being recovered, the sentence of imprisonment may be carried into execution forthwith or may be suspended as before for a further period or periods of not more than fifteen days, as the court may deem fit.
In any case in which an order for the payment of money is made on nonrecovery whereof imprisonment may be ordered, and the money is not paid forthwith, the court may require the person ordered to make such payment to enter into a bond as prescribed in subsection (3), and in default of his doing so, may at once pass sentence of imprisonment as if the money had not been recovered.
by ordering such employer to deduct from time to time a specified amount from the salary or wages so due and to pay over such amount to the clerk of the court in question.
S. 290 amended by s. 9 of Act 26 of 1987, by s. 7 of Act 107 of 1990, by s.
Act 122 of 1991 and by s. 2 of Act 33 of 1997 and repealed by s. 99 (1) of Act 75 of 2008.
[S. 291 substituted by s. 10 of Act 26 of 1987, amended by s. 45 of Act 122 of 1991 and repealed by s. 99 (1) of Act 75 of 2008.
[S. 292 amended by s. 17 of Act 33 of 1986 and deleted by s. 2 of Act 33 of 1997.
[S. 293 amended by s. 18 of Act 33 of 1986 and repealed by s. 2 of Act 33 of 1997.
[S. 294 amended by s. 19 of Act 33 of 1986 and repealed by s. 2 of Act 33 of 1997.
[S. 295 repealed by s. 2 of Act 33 of 1997.
of the said Act, and such order shall for the purposes of the said Act be deemed to have been made under section 22 thereof: Provided that such order shall not be made in addition to any sentence of imprisonment (whether direct or as an alternative to a fine) unless the operation of the whole of such sentence is suspended.
Where a court has referred a person to a treatment centre under subsection (1) and such person is later found not to be fit for treatment in such treatment centre, such person may be dealt with mutatis mutandis in accordance with the provisions of section 276A (4).
For the purposes of the provisions of paragraph (a) the expression 'a probation officer or the Commissioner' in section 276A (4) shall be construed as the person at the head of the treatment centre or a person authorized by him.
S. 296 amended by s. 15 of Act 56 of 1979, by s. 7 of Act 64 of 1982, by s.
Act 26 of 1987 and by s. 46 of Act 122 of 1991 and substituted by s. 51 of Act 20 of 1992.
[Item (cc) substituted by s. 20 (a) of Act 33 of 1986.
[Item (ccA) inserted by s. 47 of Act 122 of 1991.
[Item (ee) amended by s. 4 of Act 18 of 1996.
unconditionally, and order such person to appear before the court, if called upon before the expiration of the relevant period; or pass sentence but order the operation of the whole or any part thereof to be suspended for a period not exceeding five years on any condition referred to in paragraph (a) (i) which the court may specify in the order; or discharge the person concerned with a caution or reprimand, and such discharge shall have the effect of an acquittal, except that the conviction shall be recorded as a previous conviction.
[Sub-s. (1A) inserted by s. 20 (b) of Act 33 of 1986 and deleted by s. 99 (1) of Act 75 of 2008.
Where a court has under paragraph (a) (i) of subsection (1) postponed the passing of sentence and the court, whether differently constituted or not, is at the expiration of the relevant period satisfied that the person concerned has observed the conditions imposed under that paragraph, the court shall discharge him without passing sentence, and such discharge shall have the effect of an acquittal, except that the conviction shall be recorded as a previous conviction.
Where a court has under paragraph (a) (ii) of subsection (1) unconditionally postponed the passing of sentence, and the person concerned has not at the expiration of the relevant period been called upon to appear before the court, such person shall be deemed to have been discharged with a caution under subsection (1) (c).
Where a court convicts a person of an offence in respect of which any law prescribes a minimum punishment, the court may in its discretion pass sentence but order the operation of a part thereof to be suspended for a period not exceeding five years on any condition referred to in paragraph (a) (i) of subsection (1).
until the expiration of a period not exceeding five years; or on condition that the fine is paid over a period not exceeding five years in instalments and at intervals determined by the court.
A court which sentences a person to a term of imprisonment as an alternative to a fine or, if the court which has imposed such sentence was a regional court or a magistrate's court, a magistrate, may, where the fine is not paid, at any stage before the expiration of the period of imprisonment, suspend the operation of the sentence and order the release of the person concerned on such conditions relating to the payment of the fine or such portion thereof as may still be due, as to the court or, in the case of a sentence imposed by a regional court or magistrate's court, the magistrate, may seem expedient, including a condition that the person concerned take up a specified employment and that the fine due be paid in instalments by the person concerned or his employer: Provided that the power conferred by this subsection shall not be exercised by a magistrate where the court which has imposed the sentence has so ordered.
suspended the operation of a sentence under subsection (1) (b) or (4); or suspended the payment of a fine under subsection (5), whether differently constituted or not, or any court of equal or superior jurisdiction may, if satisfied that the person concerned has through circumstances beyond his control been unable to comply with any relevant condition, or for any other good and sufficient reason, further postpone the passing of sentence or further suspend the operation of a sentence or the payment of a fine, as the case may be, subject to any existing condition or such further conditions as could have been imposed at the time of such postponement or suspension.
cancel the order of suspension and recommit the person concerned to serve the balance of the sentence.
[Sub-s. (6) substituted by s. 21 of Act 59 of 1983.
under subsection (4), on condition that the person concerned perform community service or that he submit himself to instruction or treatment or to the supervision or control of a probation officer or that he attend or reside at a specified centre for a specified purpose, may, whether or not the court is constituted differently than it was at the time of such postponement or suspension, at any time during the period of postponement or suspension on good cause shown amend any such condition or substitute any other competent condition for such condition, or cancel the order of postponement or suspension and impose a competent sentence or put the suspended sentence into operation, as the case may be.
[Sub-s. (8) amended by s. 20 (c) of Act 33 of 1986.
(a) A court which under this section has imposed a condition according to which the person concerned is required to perform community service, to undergo instruction or treatment or to attend or reside at a specified centre for a specified purpose, shall cause to be served upon the person concerned a notice in writing directing him to report on a date and time specified in the notice or (if prevented from doing so by circumstances beyond his control) as soon as practicable thereafter, to the person specified in that notice, whether within or outside the area of jurisdiction of the court, in order to perform that community service, to undergo that instruction or treatment or to attend that centre or to reside thereat, as the case may be.
A copy of the said notice shall serve as authority to the person mentioned therein to have that community service performed by the person concerned or to provide that instruction or treatment to the person concerned or to allow the person concerned to attend that centre or to reside thereat.
[Sub-s. (8A) inserted by s. 20 (d) of Act 33 of 1986.
when he reports to perform community service, to undergo instruction or treatment or to attend or reside at a specified centre for a specified purpose, is under the influence of intoxicating liquor or drugs or the like; or impersonates or falsely represents himself to be the person who has been directed to perform the community service in question, to undergo the instruction or treatment in question or to attend or reside at the specified centre for the specified purpose, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding three months.
[Sub-s. (8B) inserted by s. 20 (d) of Act 33 of 1986.
was imposed under paragraph (a) (i) of subsection (1), be brought before the court which postponed the passing of sentence or before any court of equal or superior jurisdiction; or was imposed under subsection (1) (b), (4) or (5), be brought before the court which suspended the operation of the sentence or, as the case may be, the payment of the fine, or any court of equal or superior jurisdiction, and such court, whether or not it is, in the case of a court other than a court of equal or superior jurisdiction, constituted differently than it was at the time of such postponement or suspension, may then, in the case of subparagraph (i), impose any competent sentence or, in the case of subparagraph (ii), put into operation the sentence which was suspended.
[Para. (a) amended by s. 49 of Act 129 of 1993 and by s. 99 (1) of Act 75 of 2008.
A person who has been called upon under paragraph (a) (ii) of subsection (1) to appear before the court may, upon the order of the court in question, be arrested and brought before that court, and such court, whether or not constituted differently than it was at the time of the postponement of sentence, may impose upon such person any competent sentence.
If patrimonial loss may be recovered from an accused on the ground of a delict committed by him in the performance of community service in terms of section 297, that loss may, subject to subsection (3), be recovered from the State.
Subsection (1) shall not be construed as precluding the State from obtaining indemnification against its liability in terms of subsection (1) by means of insurance or otherwise.
The patrimonial loss which may be recovered from the State in terms of subsection (1) shall be reduced by the amount from any other source to which the injured person is entitled by reason of the patrimonial loss suffered by him.
In so far as the State has made a payment by virtue of a right of recovery in terms of subsection (1), all the relevant right and legal remedies of the injured person against the accused shall pass to the State.
If any person as a result of the performance of community service in terms of section 297 has suffered patrimonial loss which cannot be recovered from the State in terms of subsection (1), the Director-General: Justice may, with the concurrence of the Treasury, as an act of grace pay such amount as he may deem reasonable to that person.
[S. 297A inserted by s. 21 of Act 33 of 1986.
The State President may, on such conditions as he may deem necessary, enter into an international agreement with any state, so as to provide, on a reciprocal basis, for the putting into operation of suspended sentences in respect of persons convicted, within the jurisdiction of the Republic or of such state, of an offence mentioned in the agreement.
The State President may, if the parties agree, amend such an agreement to the extent which he deems necessary.
If an application is made for a suspended sentence, imposed by a court of a state referred to in subsection (1), to be put into operation, the court at which the application is made shall, subject to the terms of the agreement, proceed with that application as if the suspended sentence was imposed by a court in the Republic.
An agreement referred to in subsection (1), or any amendment thereof, shall only be in force after it has been published by the State President by proclamation in the Gazette.
The State President may at any time and in like manner withdraw any such agreement.
[S. 297B, previously s. 297A, inserted by s. 1 of Act 8 of 1989 and renumbered by s. 6 of Act 77 of 1989.
When by mistake a wrong sentence is passed, the court may, before or immediately after it is recorded, amend the sentence.
A warrant for the execution of any sentence may be issued by the judge or judicial officer who passed the sentence or by any other judge or judicial officer of the court in question, or, in the case of a regional court, by any magistrate, and such warrant shall commit the person concerned to the prison for the magisterial district in which such person is sentenced.
(a), any immediate relative of the deceased, if he or she is present that he or she has a right, subject to the directives issued by the Commissioner of Correctional Services under subsection (4), to make representations when placement of the prisoner on parole, on day parole or under correctional supervision is considered or to attend any relevant meeting of the parole board.
to inform the said Commissioner in writing of any change of address.
The Commissioner of Correctional Services shall inform the parole board in question accordingly and that parole board shall inform the complainant or relative in writing when and to whom he or she may make representations or when and where a meeting will take place.
The Commissioner of Correctional Services must issue directives regarding the manner and circumstances in which a complainant or relative contemplated in subsection (1) may exercise the right contemplated in that subsection.
Directives issued under paragraph (a) must be published in the Gazette27*.
Before the directives issued under paragraph (a) are published in the Gazette, the Commissioner of Correctional Services must submit them to Parliament, and the first directives so issued, must be submitted to Parliament within three months of the commencement of this section.
Any directive issued under paragraph (a) may be amended or withdrawn in like manner.
[S. 299A inserted by s. 6 of Act 55 of 2003.
a regional court or a magistrate's court shall not make any such award if the compensation applied for exceeds the amount28* determined by the Minister from time to time by notice in the Gazette in respect of the respective courts.
[Para. (a) substituted by s. 16 of Act 56 of 1979, by s. 7 of Act 109 of 1984 and by s. 14 of Act 5 of 1991.
[Para. (b) deleted by s. 12 of Act 26 of 1987.
For the purposes of determining the amount of the compensation or the liability of the convicted person therefor, the court may refer to the evidence and the proceedings at the trial or hear further evidence either upon affidavit or orally.
by a regional court, shall have the effect of a civil judgment of the magistrate's court of the district in which the relevant trial took place.
Where a superior court makes an award under this section, the registrar of the court shall forward a certified copy of the award to the clerk of the magistrate's court designated by the presiding judge or, if no such court is designated, to the clerk of the magistrate's court in whose area of jurisdiction the offence in question was committed, and thereupon such award shall have the effect of a civil judgment of that magistrate's court.
Where money of the person convicted is taken from him upon his arrest, the court may order that payment be made forthwith from such money in satisfaction or on account of the award.
A person in whose favour an award has been made under this section may within sixty days after the date on which the award was made, in writing renounce the award by lodging with the registrar or clerk of the court in question a document of renunciation and, where applicable, by making a repayment of any moneys paid under subsection (4).
Where the person concerned does not renounce an award under paragraph (a) within the period of sixty days, no person against whom the award was made shall be liable at the suit of the person concerned to any other civil proceedings in respect of the injury for which the award was made.
Where a person is convicted of theft or of any other offence whereby he has unlawfully obtained any property, and it appears to the court on the evidence that such person sold such property or part thereof to another person who had no knowledge that the property was stolen or unlawfully obtained, the court may, on the application of such purchaser and on restitution of such property to the owner thereof, order that, out of any money of such convicted person taken from him on his arrest, a sum not exceeding the amount paid by the purchaser be returned to him.
[Sub-para. (i) substituted by s. 13 (a) of Act 26 of 1987 and by s. 99 (1) of Act 75 of 2008.
[Sub-para. (ii) substituted by s. 8 of Act 109 of 1984 and by s. 15 of Act 5 of 1991.
[Sub-para. (iii) deleted by s. 2 of Act 33 of 1997.
shall be subject in the ordinary course to review by a judge of the provincial or local division having jurisdiction.
cease to apply in respect of an accused when judgment in the appeal is given.
[Para. (b) substituted by s. 1 of Act 42 of 2003.
[Sub-s. (1) amended by s. 11 of Act 105 of 1982.
each sentence on a separate charge shall be regarded as a separate sentence, and the fact that the aggregate of sentences imposed on an accused in respect of more than one charge in the same proceedings exceeds the periods or amounts referred to in that subsection, shall not render those sentences subject to review in the ordinary course.
[Para. (b) deleted by s. 22 of Act 59 of 1983.
with reference to a sentence which is imposed in respect of an accused who was not assisted by a legal adviser.
[Para. (b) deleted by s. 13 (b) of Act 26 of 1987.
The clerk of the court in question shall within one week after the determination of a case referred to in paragraph (a) of section 302 (1) forward to the registrar of the provincial or local division having jurisdiction the record of the proceedings in the case or a copy thereof certified by such clerk, together with such remarks as the presiding judicial officer may wish to append thereto, and with any written statement or argument which the person convicted may within three days after imposition of the sentence furnish to the clerk of the court, and such registrar shall, as soon as possible, lay the same in chambers before a judge of that division for his consideration.
[S. 303 amended by s. 12 of Act 105 of 1982.
If, upon considering the proceedings referred to in section 303 and any further information or evidence which may, by direction of the judge, be supplied or taken by the magistrate's court in question, it appears to the judge that the proceedings are in accordance with justice, he shall endorse his certificate to that effect upon the record thereof, and the registrar concerned shall then return the record to the magistrate's court in question.
If, upon considering the said proceedings, it appears to the judge that the proceedings are not in accordance with justice or that doubt exists whether the proceedings are in accordance with justice, he shall obtain from the judicial officer who presided at the trial a statement setting forth his reasons for convicting the accused and for the sentence imposed, and shall thereupon lay the record of the proceedings and the said statement before the court of the provincial or local division having jurisdiction for consideration by that court as a court of appeal: Provided that where the judge concerned is of the opinion that the conviction or sentence imposed is clearly not in accordance with justice and that the person convicted may be prejudiced if the record of the proceedings is not forthwith placed before the provincial or local division having jurisdiction, the judge may lay the record of the proceedings before that court without obtaining the statement of the judicial officer who presided at the trial.
[Para. (a) amended by s. 13 of Act 105 of 1982.
Such court may at any sitting thereof hear any evidence and for that purpose summon any person to appear to give evidence or to produce any document or other article.
[Sub-para. (v) amended by s. 13 of Act 105 of 1982.
make any such order in regard to the suspension of the execution of any sentence against the person convicted or the admission of such person to bail, or, generally, in regard to any matter or thing connected with such person or the proceedings in regard to such person as to the court seems likely to promote the ends of justice.
If the court desires to have a question of law or of fact arising in any case argued, it may direct such question to be argued by the attorney-general and by such counsel as the court may appoint.
If in any criminal case in which a magistrate's court has imposed a sentence which is not subject to review in the ordinary course in terms of section 302 or in which a regional court has imposed any sentence, it is brought to the notice of the provincial or local division having jurisdiction or any judge thereof that the proceedings in which the sentence was imposed were not in accordance with justice, such court or judge shall have the same powers in respect of such proceedings as if the record thereof had been laid before such court or judge in terms of section 303 or this section.
[Sub-s. (4) amended by s. 13 of Act 105 of 1982.
If a magistrate or regional magistrate after conviction but before sentence is of the opinion that the proceedings in respect of which he brought in a conviction are not in accordance with justice, or that doubt exists whether the proceedings are in accordance with justice, he shall, without sentencing the accused, record the reasons for his opinion and transmit them, together with the record of the proceedings, to the registrar of the provincial division having jurisdiction, and such registrar shall, as soon as is practicable, lay the same for review in chambers before a judge, who shall have the same powers in respect of such proceedings as if the record thereof had been laid before him in terms of section 303.
When a magistrate or a regional magistrate acts in terms of paragraph (a), he shall inform the accused accordingly and postpone the case to some future date pending the outcome of the review proceedings and, if the accused is in custody, the magistrate or regional magistrate may make such order with regard to the detention or release of the accused as he may deem fit.
[S. 304A inserted by s. 22 of Act 33 of 1986.
[S. 305 amended by s. 14 of Act 105 of 1982 and repealed by s. 1 of Act 76 of 1997.
A magistrate's court imposing sentence which under section 302 is subject to review, shall forthwith inform the person convicted that the record of the proceedings will be transmitted within one week, and such person may then inspect and make a copy of such record before transmission or whilst in the possession of the provincial or local division, and may set down the case for argument before the provincial or local division having jurisdiction in like manner as if the record had been returned or transmitted to such provincial or local division in compliance with any order made by it for the purpose of bringing in review the proceedings of a magistrate's court.
[Sub-s. (1) amended by s. 15 of Act 105 of 1982.
Whenever a case is so set down, whether the offence in question was prosecuted at the instance of the State or at the instance of a private prosecutor, a written notice shall be served, by or on behalf of the person convicted, upon the attorney-general at his office not less than seven days before the day appointed for the argument, setting forth the name and number of the case, the court before which it was tried, the date for which the case has been set down for argument and the grounds or reasons upon which the judgment is sought to be reversed or altered.
Whether such judgment is confirmed or reversed or altered, no costs shall in respect of the proceedings on review be payable by the prosecution to the person convicted or by the person convicted to the prosecution.
Subject to the provisions of section 308, the execution of any sentence shall not be suspended by the transmission of or the obligation to transmit the record for review unless the court which imposed the sentence releases the person convicted on bail.
[Para. (b) substituted by s. 8 of Act 64 of 1982 and by s. 12 (a) of Act 75 of 1995 and amended by s. 4 of Act 18 of 1996.
on good cause shown, permit such person to furnish a guarantee, with or without sureties, that he will pay and forfeit to the State the sum of money determined under paragraph (b), in circumstances under which such sum, if it had been deposited, would be forfeited to the State.
It shall be a condition of the release of the person convicted that he shall at a time and place specified by the court; and upon service, in the manner prescribed by the rules of court, of a written order upon him or at a place specified by the court, surrender himself in order that effect may be given to any sentence in respect of the proceedings in question.
(a) If the order contemplated in subsection (3) (b) is not served on the convicted person within 14 days of the issuing thereof because he or she cannot be found at the address given by him or her at the time of the granting of bail to him or her, the bail shall be provisionally cancelled and the bail money provisionally forfeited and a warrant for his or her arrest shall be issued.
The provisions of section 67 (2) in respect of the confirmation or the lapsing of the provisional cancellation of bail or the forfeiture of bail money, and making final the provisional forfeiture of bail money, the provisions of section 67 (3) in respect of the hearing of evidence, and the provisions of section 70 in respect of the remission of forfeited bail money, shall mutatis mutandis apply in respect of bail pending review.
[Sub-s. (3A) inserted by s. 12 (b) of Act 75 of 1995.
any other matter relating to the conduct of such person.
The court which considers an application for bail under this section shall record the relevant proceedings in full, including the details referred to in subsection (3) and any conditions imposed under subsection (4).
The provisions of sections 63, 64, 65, 66 and 68 shall mutatis mutandis apply with reference to bail pending review.
[Sub-s. (6) substituted by s. 17 of Act 56 of 1979 and by s. 12 (c) of Act 75 of 1995.
[S. 308 amended by s. 16 of Act 105 of 1982 and by s. 23 of Act 33 of 1986 and repealed by s. 2 of Act 33 of 1997.
on warning on a condition as contemplated in section 307 (3), in which case the provisions of section 72 shall mutatis mutandis apply to the extent to which they can be applied.
[S. 308A inserted by s. 50 of Act 129 of 1993.
Subject to section 84 of the Child Justice Act, 2008, any person convicted of any offence by any lower court (including a person discharged after conviction) may, subject to leave to appeal being granted in terms of section 309B or 309C, appeal against such conviction and against any resultant sentence or order to the High Court having jurisdiction: Provided that the provisions of section 302 (1) (b) shall apply in respect of a person who duly notes an appeal against a conviction, sentence or order as contemplated in section 302 (1) (a).
[Para. (a) amended by s. 17 of Act 105 of 1982 and substituted by s. 2 (a) of Act 76 of 1997, by s. 2 (a) of Act 42 of 2003, by s. 6 of Act 38 of 2007 and by s. 99 (1) of Act 75 of 2008.
Where, in the case of a regional court, a conviction takes place within the area of jurisdiction of one provincial division and any resultant sentence or order is passed or, as the case may be, is made within the area of jurisdiction of another provincial division, any appeal against such conviction or such sentence or order shall be heard by the last mentioned provincial division.
An appeal under this section shall be noted and be prosecuted within the period and in the manner prescribed by the rules of court: Provided that the magistrate against whose decision or order the appeal is to be noted, or if he or she is unavailable any other magistrate of the court concerned, may on application and on good cause shown, extend such period.
[Sub-s. (2) amended by s. 17 of Act 105 of 1982 and substituted by s. 2 (b) of Act 76 of 1977.
The provincial or local division concerned shall thereupon have the powers referred to in section 304 (2), and, unless the appeal is based solely upon a question of law, the provincial or local division shall, in addition to such powers, have the power to increase any sentence imposed upon the appellant or to impose any other form of sentence in lieu of or in addition to such sentence: Provided that, notwithstanding that the provincial or local division is of the opinion that any point raised might be decided in favour of the appellant, no conviction or sentence shall be reversed or altered by reason of any irregularity or defect in the record or proceedings, unless it appears to such division that a failure of justice has in fact resulted from such irregularity or defect.
[Sub-s. (3) amended by s. 17 of Act 105 of 1982, by s. 8 of Act 107 of 1990 and by s. 38 of Act 105 of 1997.
[Sub-s. (3A) inserted by s. 2 (c) of Act 76 of 1977, substituted by s. 2 (b) of Act 42 of 2003 and deleted by s. 13 of Act 66 of 2008.
[Para. (a) deleted by s. 2 (d) of Act 76 of 1997.
sections 307 and 308A shall mutatis mutandis apply with reference to the sentence appealed against.
[Para. (b) substituted by s. 51 of Act 129 of 1993 and by s. 2 of Act 33 of 1997.
When a provincial or local division of the Supreme Court gives a decision on appeal against a decision of the magistrate's court and the former decision is appealed against, such division of the Supreme Court has the powers in respect of the granting of bail which a magistrate's court has in terms of section 307.
[Sub-s. (5) added by s. 13 of Act 75 of 1995.
uphold the appeal and set aside the conviction and sentence.
The magistrate shall issue in respect of any person who has been sentenced to imprisonment under subsection (1), a warrant for his detention in a prison.
[S. 309A inserted by s. 2 of Act 34 of 1986.
(a) Subject to section 84 of the Child Justice Act, 2008, any accused, who wishes to note an appeal against any conviction or against any resultant sentence or order of a lower court, must apply to that court for leave to appeal against that conviction, sentence or order.
[Para. (a) substituted by s. 99 (1) of Act 75 of 2008.
within 14 days after the passing of the sentence or order following on the conviction; or within such extended period as the court may on application and for good cause shown, allow.
Any application in terms of subsection (1) must be heard by the magistrate whose conviction, sentence or order is the subject of the prospective appeal (hereinafter referred to as the trial magistrate) or, if the trial magistrate is not available, by any other magistrate of the court concerned, to whom it is assigned for hearing.
If the application is to be heard by a magistrate, other than the trial magistrate, the clerk of the court must submit a copy of the record of the proceedings before the trial magistrate to the magistrate hearing the application: Provided that where the accused was legally represented at a trial in a regional court the clerk of the court must, subject to paragraph (c), only submit a copy of the judgment of the trial magistrate, including the reasons for the conviction, sentence or order in respect of which the appeal is sought to be noted to the magistrate hearing the application.
The magistrate referred to in the proviso to paragraph (b) may, if he or she deems it necessary in order to decide the application, request the full record of the proceedings before the trial magistrate.
Notice of the date fixed for the hearing of the application must be given to the Director of Public Prosecutions concerned, or to a person designated thereto by him or her, and the accused.
Every application for leave to appeal must set forth clearly and specifically the grounds upon which the accused desires to appeal.
If the accused applies orally for such leave immediately after the passing of the sentence or order, he or she must state such grounds, which must be recorded and form part of the record.
If an application for leave to appeal under subsection (1) is granted, the clerk of the court must, in accordance with the rules of the court, transmit copies of the record and of all relevant documents to the registrar of the High Court concerned: Provided that instead of the whole record, with the consent of the accused and the Director of Public Prosecutions, copies (one of which must be certified) may be transmitted of such parts of the record as may be agreed upon by the Director of Public Prosecutions and the accused to be sufficient, in which event the High Court concerned may nevertheless call for the production of the whole record.
If any application referred to in this section is refused, the magistrate must immediately record his or her reasons for such refusal.
An application for leave to appeal may be accompanied by an application to adduce further evidence (hereafter referred to as an application for further evidence) relating to the conviction, sentence or order in respect of which the appeal is sought to be noted.
there is a reasonably acceptable explanation for the failure to produce the evidence before the close of the trial.
receive that evidence and further evidence rendered necessary thereby, including evidence in rebuttal called by the prosecutor and evidence called by the court; and record its findings or views with regard to that evidence, including the cogency and the sufficiency of the evidence, and the demeanour and credibility of any witness.
Any evidence received under subsection (5) shall for the purposes of an appeal be deemed to be evidence taken or admitted at the trial in question.
[S. 309B inserted by s. 3 of Act 76 of 1997 and substituted by s. 3 of Act 42 of 2003.
'petition', unless the context otherwise indicates, includes an application referred to in subsection (2) (b) (ii).
for leave to appeal, is refused by a lower court, the accused may by petition apply to the Judge President of the High Court having jurisdiction to grant any one or more of the applications in question.
within 21 days after the application in question was refused; or within such extended period as may on an application accompanying that petition, for good cause shown, be allowed.
If more than one application referred to in subsection (1) relate to the same matter, they should, as far as is possible, be dealt with in the same petition.
the magistrate's reasons for refusal of the application; and the record of the proceedings in the magistrate's court in respect of which the application was refused.
A petition as provided for in this section must be considered in chambers by two judges designated by the Judge President.
If the judges referred to in paragraph (a) differ in opinion, the petition must also be considered in chambers by the Judge President or by any other judge designated by the Judge President.
[Sub-s. (4) substituted by s. 14 of Act 66 of 2008.] [Sub-s. (5) substituted by s. 14 of Act 66 of 2008.
call for any further information from the magistrate who refused the application in question, or from the magistrate who presided at the trial to which the application relates, as the case may be; or in exceptional circumstances, order that the petition or any part thereof be argued before them at a time and place determined by them.
[Sub-s. (6) substituted by s. 14 of Act 66 of 2008.
in the case of an application referred to in subsection (2) (b) (ii), grant or refuse the application; and in the case of an application for condonation, grant or refuse the application, and if the application is granted direct that an application for leave to appeal must be made, within the period fixed by them, to the court referred to in section 309B (1); or if they deem it expedient, direct that an application for leave to appeal must be submitted under subsection (2) within the period fixed by them as if it had been refused by the court referred to in section 309B (1); and in the case of an application for leave to appeal, subject to paragraph (d), grant or refuse the application; and in the case of an application for further evidence, grant or refuse the application, and, if the application is granted the judges may, before deciding the application for leave to appeal, remit the matter to the magistrate's court concerned in order that further evidence may be received in accordance with section 309B (5).
All applications contained in a petition must be disposed of as far as is possible, simultaneously; and as a matter of urgency, where the accused was sentenced to any form of imprisonment that was not wholly suspended.
Notice of the date fixed for any hearing of a petition under this section, and of any place determined under subsection (6) for any hearing, must be given to the Director of Public Prosecutions concerned, or to a person designated by him or her, and the accused.
[S. 309C inserted by s. 3 of Act 76 of 1997 and substituted by s. 3 of Act 42 of 2003.
An accused, other than a child contemplated in the Child Justice Act, 2008, who is unrepresented at the time he or she is convicted and sentenced, must be informed by the presiding officer of his or her rights in respect of appeal and legal representation and of the correct procedures to give effect to these rights.
shall be suspended if he or she appeals against that conviction or sentence; and shall cease to apply once judgment in the appeal has been given.
An accused contemplated in subsection (1) (a) in respect of whom an application in terms of the proviso to section 309 (2) or 309B is refused, must be informed by the presiding officer of his or her rights in respect of the proceedings contemplated in section 309C and legal representation and of the correct procedures involved to give effect to these rights.
to any form of imprisonment that was not wholly suspended; or to any form of punishment which in view of the presiding officer may lead to substantial injustice for the accused, and he or she indicates to the presiding officer his or her intention to apply for leave to appeal in terms of section 309B (1) (a) or for leave to petition in terms of section 309C (2) (a), the presiding officer must refer the accused to the Legal Aid Board referred to in section 2 of the Legal Aid Act, 1969 (Act 22 of 1969), for the purpose of allowing him or her an opportunity to request legal representation to assist such accused in his or her application.
[S. 309D inserted by s. 3 of Act 76 of 1997 and substituted by s. 3 of Act 42 of 2003.
When a lower court has in criminal proceedings given a decision in favour of the accused on any question of law, including an order made under section 85 (2), the attorney-general or, if a body or a person other than the attorney-general or his representative, was the prosecutor in the proceedings, then such other prosecutor may require the judicial officer concerned to state a case for the consideration of the provincial or local division having jurisdiction, setting forth the question of law and his decision thereon and, if evidence has been heard, his findings of fact, in so far as they are material to the question of law.
[Sub-s. (1) amended by s. 18 of Act 105 of 1982.
When such case has been stated, the attorney-general or other prosecutor, as the case may be, may appeal from the decision to the provincial or local division having jurisdiction.
[Sub-s. (2) amended by s. 18 of Act 105 of 1982.
The provisions of section 309 (2) shall apply with reference to an appeal under this section.
If the appeal is allowed, the court which gave the decision appealed from shall, subject to the provisions of subsection (5) and after giving sufficient notice to both parties, reopen the case in which the decision was given and deal with it in the same manner as it should have dealt therewith if it had given a decision in accordance with the law as laid down by the provincial or local division in question.
[Sub-s. (4) amended by s. 18 of Act 105 of 1982.
In allowing the appeal, whether wholly or in part, the provincial or local division may itself impose such sentence or make such order as the lower court ought to have imposed or made, or it may remit the case to the lower court and direct that court to take such further steps as the provincial or local division considers proper.
[Sub-s. (5) amended by s. 18 of Act 105 of 1982.
The attorney-general may appeal against a sentence imposed upon an accused in a criminal case in a lower court, to the provincial or local division having jurisdiction, provided that an application for leave to appeal has been granted by a judge in chambers.
A written notice of such an application shall be lodged with the registrar of the provincial or local division concerned by the attorney-general, within a period of 30 days of the passing of sentence or within such extended period as may on application on good cause be allowed.
The notice shall state briefly the grounds for the application.
The attorney-general shall, at least 14 days before the day appointed for the hearing of the application, cause to be served by the deputy sheriff upon the accused in person a copy of the notice, together with a written statement of the rights of the accused in terms of subsection (4): Provided that if the deputy sheriff is not able so to serve a copy of the notice, it may be served in any other manner that may on application be allowed.
An accused may, within a period of 10 days of the serving of such a notice upon him, lodge a written submission with the registrar concerned, and the registrar shall submit it to the judge who is to hear the application, and shall send a copy thereof to the attorney-general.
Subject to the provisions of this section, section 309 shall apply mutatis mutandis with reference to an appeal in terms of this section.
Upon an application for leave to appeal referred to in subsection (1) or an appeal in terms of this section, the judge or the court, as the case may be, may order that the State pay the accused concerned the whole or any part of the costs to which the accused may have been put in opposing the application or appeal, taxed according to the scale in civil cases of the provincial or local division concerned.
[S. 310A inserted by s. 9 of Act 107 of 1990.
Where the provincial or local division on appeal, whether brought by the attorney-general or other prosecutor or the person convicted, gives a decision in favour of the person convicted on a question of law, the attorney-general or other prosecutor against whom the decision is given may appeal to the Appellate Division of the Supreme Court, which shall, if it decides the matter in issue in favour of the appellant, set aside or vary the decision appealed from and, if the matter was brought before the provincial or local division in terms of section 309 (1), re-instate the conviction, sentence or order of the lower court appealed from, either in its original form or in such a modified form as the said Appellate Division may consider desirable; or section 310 (2), give such decision or take such action as the provincial or local division ought, in the opinion of the said Appellate Division, to have given or taken (including any action under section 310 (5)), and thereupon the provisions of section 310 (4) shall mutatis mutandis apply.
[Para. (b) amended by s. 19 of Act 105 of 1982.
[Sub-s. (1) amended by s. 19 of Act 105 of 1982.
If an appeal brought by the attorney-general or other prosecutor under this section or section 310 is dismissed, the court dismissing the appeal may order that the appellant pay the respondent the costs to which the respondent may have been put in opposing the appeal, taxed according to the scale in civil cases of that court: Provided that where the attorney-general is the appellant, the costs which he is so ordered to pay shall be paid by the State.
Where a conviction and sentence under section 112 are set aside on review or appeal on the ground that any provision of subsection (1) (b) or subsection (2) of that section was not complied with, or on the ground that the provisions of section 113 should have been applied, the court in question shall remit the case to the court by which the sentence was imposed and direct that court to comply with the provision in question or to act in terms of section 113, as the case may be.
[Sub-s. (1) substituted by s. 23 of Act 59 of 1983.
or 112 (2), he shall enter a plea of not guilty whereupon the provisions of section 113 shall apply with reference to the matter.
The provisions of section 324 shall mutatis mutandis apply with reference to any conviction and sentence of a lower court that are set aside on appeal or review on any ground referred to in that section.
Where a sentence or order imposed or made by a lower court is set aside on appeal or review and the person convicted is not in custody and the court setting aside the sentence or order remits the matter to the lower court in order that a fresh sentence or order may be imposed or made, the presence before that court of the person convicted may be obtained by means of a written notice addressed to that person calling upon him to appear at a stated place and time on a stated date in order that such sentence or order may be imposed or made.
The provisions of section 54 (2) and 55 (1) and (2) shall mutatis mutandis apply with reference to a written notice issued under subsection (1).
In respect of appeals and questions of law reserved in connection with criminal cases heard by a High Court, the court of appeal shall be the Supreme Court of Appeal, except in so far as subsections (2) and (3) otherwise provides [sic].
and (c).
[Paras. (b) and (c) deleted by s. 15 of Act 66 of 2008.
[Sub-s. (1) substituted by s. 11 of Act 62 of 2000 and by s. 4 (a) of Act 42 of 2003.
If an application for leave to appeal in a criminal case heard by a single judge of a High Court (irrespective of whether he or she sat with or without assessors) is granted under section 316, the court or judge or judges granting the application shall, if it, he or she or, in the case of the judges referred to in subsections (12) and (13) of that section, they or the majority of them, is or are satisfied that the questions of law and of fact and the other considerations involved in the appeal are of such a nature that the appeal does not require the attention of the Supreme Court of Appeal, direct that the appeal be heard by a full court.
Any such direction by the court or a judge of a High Court may be set aside by the Supreme Court of Appeal on application made to it by the accused or the Director of Public Prosecutions or other prosecutor within 21 days, or such longer period as may on application to the Supreme Court of Appeal on good cause shown, be allowed, after the direction was given.
Any application to the Supreme Court of Appeal under paragraph (b) shall be submitted by petition addressed to the President of the Supreme Court of Appeal, and the provisions of section 316 (8), (9), (10), (11), (12), (13), (14) and (15) shall apply mutatis mutandis in respect thereof.
[Sub-s. (2) amended by s. 39 (a) of Act 105 of 1997 and substituted by s. 4 (b) of Act 42 of 2003.
by the full court of the Transvaal Provincial Division, unless a direction by the judge president of that provincial division under subparagraph (ii) applies to it; or by the full court of the said local division if the said judge president has so directed in the particular instance.
An appeal in terms of this Chapter shall lie only as provided in sections 316 to 319 inclusive, and not as of right.
[Sub-s. (4) substituted by s. 10 of Act 107 of 1990 and by s. 39 (b) of Act 105 of 1997.
'court of appeal' means, in relation to an appeal which in terms of subsection (3) is heard or is to be heard by a full court, the full court concerned and, in relation to any other appeal, the Supreme Court of Appeal.
[Para. (a) substituted by s. 4 (c) of Act 42 of 2003.
'full court' means the court of a provincial division, or the Witwatersrand Local Division, sitting as a court of appeal and constituted before three judges.
[S. 315 substituted by s. 20 of Act 105 of 1982.
(a) Subject to section 84 of the Child Justice Act, 2008, any accused convicted of any offence by a High Court may apply to that court for leave to appeal against such conviction or against any resultant sentence or order.
[Para. (c) deleted by s. 99 (1) of Act 75 of 2008.
An application referred to in subsection (1) must be made to the judge whose conviction, sentence or order is the subject of the prospective appeal (hereafter in this section referred to as the trial judge): Provided that if the trial judge is not available; or in the case of a conviction before a circuit court the said court is not in sitting, the application may be made to any other judge of the High Court concerned.
If the application is to be heard by a judge, other than the trial judge, the registrar of the court must submit a copy of the judgment of the trial judge, including the reasons for the conviction, sentence or order in respect of which the appeal is sought to be noted to the judge hearing the application.
The judge referred to in paragraph (b) may, if he or she deems it necessary in order to decide the application, request the full record of the proceedings before the trial judge.
No appeal shall lie against the judgment or order of a full court given on appeal to it in terms of section 315 (3), except with the special leave of the Supreme Court of Appeal on application made to it by the accused or, where a full court has for the purposes of such judgment or order given a decision in favour of the accused on a question of law, on application on the grounds of such decision made to that court by the Director of Public Prosecutions or other prosecutor against whom the decision was given.
within 21 days after the judgment or order against which appeal is to be made was given; or within such extended period as may on application and for good cause shown, be allowed.
The accused or Director of Public Prosecutions or other prosecutor shall, when submitting in accordance with paragraph (b) the application for special leave to appeal, at the same time give written notice that this has been done to the registrar of the court against whose decision he or she wishes to appeal, and thereupon such registrar shall forward a certified copy of the record prepared in terms of subsection for the purposes of such judgment or order, and of the reasons for such judgment or order, to the registrar of the Supreme Court of Appeal.
The provisions of subsections (4), (10), (11), (12), (13), (14) and (15) shall apply mutatis mutandis with reference to any application and petition contemplated in paragraph (b) of this subsection.
Upon an appeal under this subsection the provisions of section 322 shall apply mutatis mutandis with reference to the powers of the Supreme Court of Appeal.
An application for leave to appeal under subsection (1) may be accompanied by an application to adduce further evidence (hereafter in this section referred to as an application for further evidence) relating to the prospective appeal.
If an application under subsection (1) for leave to appeal is granted and the appeal is not under section 315 (3) to be heard by the full court of the High Court from which the appeal is made, the registrar of the court granting such application shall cause notice to be given accordingly to the registrar of the Supreme Court of Appeal without delay, and shall cause to be transmitted to the said registrar a certified copy of the record, including copies of the evidence, whether oral or documentary, taken or admitted at the trial, and a statement of the grounds of appeal: Provided that, instead of the whole record, with the consent of the accused and the Director of Public Prosecutions, copies (one of which must be certified) may be transmitted of such parts of the record as may be agreed upon by the Director of Public Prosecutions and the accused to be sufficient, in which event the judges of the Supreme Court of Appeal may nevertheless call for the production of the whole record.
If an application under subsection (1) for leave to appeal is granted and the appeal is under section 315 (3) to be heard by the full court of the High Court from which the appeal is made, the registrar shall without delay prepare a certified copy of the record, including copies of the evidence, whether oral or documentary, taken or admitted at the trial, and a statement of the grounds of appeal: Provided that, instead of the whole record, with the consent of the accused and the Director of Public Prosecutions, copies (one of which must be certified) may be prepared of such parts of the record as may be agreed upon by the Director of Public Prosecutions and the accused to be sufficient, in which event the judges of the full court of the High Court concerned may nevertheless call for the production of the whole record.
referred to in subsection (5) (a) to adduce further evidence (hereafter in this section referred to as an application for further evidence), is refused by a High Court, the accused may by petition apply to the President of the Supreme Court of Appeal to grant any one or more of the applications in question.
If more than one application referred to in subsection (8) (a) relate to the same matter, they should, as far as is possible, be dealt with in the same petition.
An accused who submits a petition referred to in subsection (8) (a), must at the same time give written notice thereof to the registrar of the High Court (other than a circuit court) within whose area of jurisdiction the trial took place, and of which the judge who presided at the trial was a member when he or she so presided.
the reasons for refusing the application or applications; and the record of the proceedings in the High Court in respect of which the application was refused.
[Sub-s. (10) substituted by s. 16 (a) of Act 66 of 2008.
A petition referred to in subsection (8), including an application referred to in subsection (8) (b) (ii), must be considered in chambers by two judges of the Supreme Court of Appeal designated by the President of the Supreme Court of Appeal.
If the judges differ in opinion, the petition shall also be considered in chambers by the President of the Supreme Court of Appeal or by any other judge of the Supreme Court of Appeal to whom it has been referred by the President.
call for any further information from the judge who refused the application in question, or from the judge who presided at the trial to which the application relates, as the case may be; or in exceptional circumstances, order that the application or applications in question or any of them be argued before them at a time and place determined by them.
[Sub-s. (12) substituted by s. 16 (b) of Act 66 of 2008.
in the case of an application referred to in subsection (8) (b) (ii), grant or refuse the application; and in the case of an application for condonation grant or refuse the application, and if the application is granted direct that an application for leave to appeal must be made, within the period fixed by them, to the High Court referred to in subsection (8) (a); or if they deem it expedient, direct that an application for leave to appeal must be submitted under subsection (8) within the period fixed by them as if it had been refused by the High Court referred to in subsection (8) (a); and in the case of an application for leave to appeal, subject to paragraph (d), grant or refuse the application; and in the case of an application for further evidence, grant or refuse the application, and, if the application is granted the judges may, before deciding the application for leave to appeal, remit the matter to the High Court concerned in order that further evidence may be received in accordance with subsection (5) (c); or in exceptional circumstances refer the petition to the Supreme Court of Appeal for consideration, whether upon argument or otherwise, and the Supreme Court of Appeal may thereupon deal with the petition in any manner referred to in this subsection.
Notice of the date fixed for the hearing of any application under this section, and of any time and place determined under subsection (12) for any hearing, must be given to the Director of Public Prosecutions concerned and the accused.
[S. 316 amended by s. 21 of Act 105 of 1982, by s. 15 of Act 26 of 1987 and by s. 12 of Act 62 of 2000 and substituted by s. 5 of Act 42 of 2003.
[S. 316A inserted by s. 11 of Act 107 of 1990 and repealed by s. 40 of Act 105 of 1997.
Subject to subsection (2), the attorney-general may appeal to the Appellate Division against a sentence imposed upon an accused in a criminal case in a superior court.
The provisions of section 316 in respect of an application or appeal referred to in that section by an accused, shall apply mutatis mutandis with reference to a case in which the attorney-general appeals in terms of subsection (1) of this section.
Upon an appeal in terms of subsection (1) or an application referred to in subsection (2), brought by the attorney-general, the court may order that the State pay the accused concerned the whole or any part of the costs to which the accused may have been put in opposing the appeal or application, taxed according to the scale in civil cases of that court.
[S. 316B inserted by s. 11 of Act 107 of 1990.
If an accused is of the view that any of the proceedings in connection with or during his or her trial before a High Court are irregular or not according to law, he or she may, either during his or her trial or within a period of 14 days after his or her conviction or within such extended period as may upon application (in this section referred to as an application for condonation) on good cause be allowed, apply for a special entry to be made on the record (in this section referred to as an application for a special entry) stating in what respect the proceedings are alleged to be irregular or not according to law, and such a special entry shall, upon such application for a special entry, be made unless the court to which or the judge to whom the application for a special entry is made is of the opinion that the application is not made bona fide or that it is frivolous or absurd or that the granting of the application would be an abuse of the process of the court.
[Sub-s. (1) substituted by s. 6 (a) of Act 42 of 2003.
Save as hereinafter provided, an application for condonation or for a special entry shall be made to the judge who presided at the trial or, if he is not available, or, if in the case of a conviction before a circuit court the said court is not sitting, to any other judge of the provincial or local division of which that judge was a member when he so presided.
[Sub-s. (3) deleted by s. 13 of Act 62 of 2000.
The terms of a special entry shall be settled by the court which or the judge who grants the application for a special entry.
If an application for condonation or for a special entry is refused, the accused may, within a period of 21 days of such refusal or within such extended period as may on good cause shown, be allowed, by petition addressed to the President of the Supreme Court of Appeal, apply to the Supreme Court of Appeal for condonation or for a special entry to be made on the record stating in what respect the proceedings are alleged to be irregular or not according to law, as the case may be, and thereupon the provisions of subsections (11), (12), (13), (14) and (15) of section 316 shall mutatis mutandis apply.
[Sub-s. (5) amended by s. 22 of Act 105 of 1982 and substituted by s. 6 (b) of Act 42 of 2003.
If a special entry is made on the record, the person convicted may appeal to the Appellate Division against his conviction on the ground of the irregularity or illegality stated in the special entry if, within a period of twenty-one days after entry is so made or within such extended period as may on good cause be allowed, notice of appeal has been given to the registrar of the Appellate Division and to the registrar of the provincial or local division, other than a circuit court, within whose area of jurisdiction the trial took place, and of which the judge who presided at the trial was a member when he so presided.
[Sub-s. (1) amended by s. 23 of Act 105 of 1982.
The registrar of such provincial or local division shall forthwith after receiving such notice give notice thereof to the attorney-general and shall transmit to the registrar of the Appellate Division a certified copy of the record, including copies of the evidence, whether oral or documentary, taken or admitted at the trial and of the special entry: Provided that with the consent of the accused and the attorneygeneral, the registrar concerned may, instead of transmitting the whole record, transmit copies, one of which shall be certified, of such parts of the record as may be agreed upon by the attorney-general and the accused to be sufficient, in which event the Appellate Division may nevertheless call for the production of the whole record.
[Sub-s. (2) amended by s. 23 of Act 105 of 1982.
If any question of law arises on the trial in a superior court of any person for any offence, that court may of its own motion or at the request either of the prosecutor or the accused reserve that question for the consideration of the Appellate Division, and thereupon the first-mentioned court shall state the question reserved and shall direct that it be specially entered in the record and that a copy thereof be transmitted to the registrar of the Appellate Division.
[Sub-s. (1) amended by s. 24 of Act 105 of 1982.
The grounds upon which any objection to an indictment is taken shall, for the purposes of this section, be deemed to be questions of law.
The provisions of sections 317 (2), (4) and (5) and 318 (2) shall apply mutatis mutandis with reference to all proceedings under this section.
[Sub-s. (3) substituted by s. 14 of Act 62 of 2000.
The judge or judges, as the case may be, of any court before whom a person is convicted shall, in the case of an appeal under section 316 or 316B or of an application for a special entry under section 317 or the reservation of a question of law under section 319 or an application to the court of appeal for leave to appeal or for a special entry under this Act, furnish to the registrar a report giving his, her or their opinion upon the case or upon any point arising in the case, and such report, which shall form part of the record, shall without delay be forwarded by the registrar to the registrar of the court of appeal.
[S. 320 substituted by s. 12 of Act 107 of 1990 and by s. 41 of Act 105 of 1997.
[Para. (a) deleted by s. 2 of Act 33 of 1997.
Provided that when the accused is ultimately sentenced to imprisonment the time during which he was so released on bail shall be excluded in computing the term for which he is so sentenced: Provided further that when the accused has been detained as an unconvicted prisoner, the time during which he has been so detained shall be included or excluded in computing the term for which he is ultimately sentenced, as the court of appeal may determine.
section 67 to the court which may act under that section, shall be deemed to be a reference to the magistrate's court within whose area of jurisdiction the accused is to surrender himself in order that effect be given to any sentence in respect of the proceedings in question; and section 68 to a magistrate shall be deemed to be a reference to a judge of the superior court in question.
allow the appeal if it thinks that the judgment of the trial court should be set aside on the ground of a wrong decision of any question of law or that on any ground there was a failure of justice; or give such judgment as ought to have been given at the trial or impose such punishment as ought to have been imposed at the trial; or make such other order as justice may require: Provided that, notwithstanding that the court of appeal is of opinion that any point raised might be decided in favour of the accused, no conviction or sentence shall be set aside or altered by reason of any irregularity or defect in the record or proceedings, unless it appears to the court of appeal that a failure of justice has in fact resulted from such irregularity or defect.
Upon an appeal under section 316 or 316B against any sentence, the court of appeal may confirm the sentence or may delete or amend the sentence and impose such punishment as ought to have been imposed at the trial.
[Sub-s. (2) substituted by s. 13 (a) of Act 107 of 1990.
[Sub-s. (2A) inserted by s. 13 (b) of Act 107 of 1990 and deleted by s. 42 (a) of Act 105 of 1997.
Where a conviction and sentence are set aside by the court of appeal on the ground that a failure of justice has in fact resulted from the admission against the accused of evidence otherwise admissible but not properly placed before the trial court by reason of some defect in the proceedings, the court of appeal may remit the case to the trial court with instructions to deal with any matter, including the hearing of such evidence, in such manner as the court of appeal may think fit.
Where a question of law has been reserved on the application of a prosecutor in the case of an acquittal, and the court of appeal has given a decision in favour of the prosecutor, the court of appeal may order that such of the steps referred to in section 324 be taken as the court may direct.
The order or direction of the court of appeal shall be transmitted by the registrar of that court to the registrar of the court before which the case was tried, and such order or direction shall be carried into effect and shall authorize every person affected by it to do whatever is necessary to carry it into effect.
The powers conferred by this section upon the court of appeal in relation to the imposition of punishments, shall include the power to impose a punishment more severe than that imposed by the court below or to impose another punishment in lieu of or in addition to such punishment.
[Sub-s. (6) substituted by s. 13 (c) of Act 107 of 1990 and by s. 42 (b) of Act 105 of 1997.
[S. 323 amended by s. 25 of Act 105 of 1982, substituted by s. 14 of Act 107 of 1990 and repealed by s. 43 of Act 105 of 1997.
that the court which convicted the accused was not competent to do so; or that the indictment on which the accused was convicted was invalid or defective in any respect; or that there has been any other technical irregularity or defect in the procedure, proceedings in respect of the same offence to which the conviction and sentence referred may again be instituted either on the original charge, suitably amended where necessary, or upon any other charge as if the accused had not previously been arraigned, tried and convicted: Provided that no judge or assessor before whom the original trial took place shall take part in such proceedings.
Nothing in this Act shall affect the power of the State President to extend mercy to any person.
[S. 325A inserted by s. 15 of Act 107 of 1990 and repealed by s. 44 of Act 105 of 1997.
[S. 326 repealed by s. 44 of Act 105 of 1997.
If any person convicted of any offence in any court has in respect of the conviction exhausted all the recognized legal procedures pertaining to appeal or review, or if such procedures are no longer available to him or her, and such person or his or her legal representative addresses the Minister by way of petition, supported by relevant affidavit, stating that further evidence has since become available which materially affects his or her conviction, the Minister may, if he or she considers that such further evidence, if true, might reasonably affect the conviction, direct that the petition and the relevant affidavits be referred to the court in which the conviction occurred.
[Sub-s. (1) substituted by s. 16 (a) of Act 107 of 1990 and by s. 45 (a) of Act 105 of 1997.
The court shall receive the said affidavits as evidence and may examine and permit the examination of any witness in connection therewith, including any witness on behalf of the State, and to this end the provisions of this Act relating to witnesses shall apply as if the matter before the court were a criminal trial in that court.
Unless the court directs otherwise, the presence of the convicted person shall not be essential at the hearing of further evidence.
[Sub-s. (3) substituted by s. 45 (b) of Act 105 of 1997.
The court shall assess the value of the further evidence and advise the President whether, and to what extent, such evidence affects the conviction in question.
The court shall not, as part of the proceedings of the court, announce its finding as to the further evidence or the effect thereof on the conviction in question.
[Sub-s. (4) substituted by s. 45 (b) of Act 105 of 1997.
The court shall be constituted as it was when the conviction occurred or, if it cannot be so constituted, the judge-president or, as the case may be, the senior regional magistrate or magistrate of the court in question, shall direct how the court shall be constituted.
direct that the conviction in question be expunged from all official records by way of endorsement on such records, and the effect of such a direction and endorsement shall be that the person concerned be given a free pardon as if the conviction in question had never occurred; or substitute for the conviction in question a conviction of lesser gravity and substitute for the punishment imposed for such conviction any other punishment provided by law.
[Sub-para. (iii) deleted by s. 45 (c) of Act 105 of 1997.
The State President shall direct the Minister to advise the person concerned in writing of any decision taken under paragraph (a), other than a decision taken under subparagraph (iii) of that paragraph, and to publish a notice in the Gazette in which such decision, other than a decision taken under the said subparagraph (iii), is set out.
[Para. (a) substituted by s. 16 (b) of Act 107 of 1990.
any aspect of the proceedings, finding or advice of the court under this section.
Any warrant, subpoena, summons or other process relating to any criminal matter shall be of force throughout the Republic and may be executed anywhere within the Republic.
Any police official shall, subject to the rules of court, be as qualified to serve or execute any subpoena or summons or other document under this Act as if he had been appointed deputy sheriff or deputy messenger or other like officer of the court.
Any document, order or other court process which under this Act or the rules of court is required to be served or executed with reference to any person, may be transmitted by telegraph or similar written or printed communication, and a copy of such telegraph or communication, served or executed in the same manner as the relevant document, order or other court process is required to be served or executed, shall be of the same force and effect as if the document, order or other court process in question had itself been served or executed.
Any person who acts under a warrant or process which is bad in law on account of a defect in the substance or form thereof shall, if he has no knowledge that such warrant or process is bad in law and whether or not such defect is apparent on the face of the warrant or process, be exempt from liability in respect of such act as if the warrant or process were good in law.
any act performed, with or without a particular intent, by or on instructions or with permission, express or implied, given by a director or servant of that corporate body; and the omission, with or without a particular intent, of any act which ought to have been but was not performed by or on instructions given by a director or servant of that corporate body, in the exercise of his powers or in the performance of his duties as such director or servant or in furthering or endeavouring to further the interests of that corporate body, shall be deemed to have been performed (and with the same intent, if any) by that corporate body or, as the case may be, to have been an omission (and with the same intent, if any) on the part of that corporate body.
the citation of a director or servant of a corporate body as aforesaid, to represent that corporate body in any prosecution instituted against it, shall not exempt that director or servant from prosecution for that offence in terms of subsection (5).
In criminal proceedings against a corporate body, any record which was made or kept by a director, servant or agent of the corporate body within the scope of his activities as such director, servant or agent, or any document which was at any time in the custody or under the control of any such director, servant or agent within the scope of his activities as such director, servant or agent, shall be admissible in evidence against the accused.
For the purposes of subsection (3) any record made or kept by a director, servant or agent of a corporate body or any document which was at any time in his custody or under his control, shall be presumed to have been made or kept by him or to have been in his custody or under his control within the scope of his activities as such director, servant or agent, unless the contrary is proved.
(5)30* When an offence has been committed, whether by the performance of any act or by the failure to perform any act, for which any corporate body is or was liable to prosecution, any person who was, at the time of the commission of the offence, a director or servant of the corporate body shall be deemed to be guilty of the said offence, unless it is proved that he did not take part in the commission of the offence and that he could not have prevented it, and shall be liable to prosecution therefor, either jointly with the corporate body or apart therefrom, and shall on conviction be personally liable to punishment therefor.
whether or not such corporate body is or was liable to prosecution for the said offence, any document, memorandum, book or record which was drawn up, entered up or kept in the ordinary course of business of that corporate body or which was at any time in the custody or under the control of any director, servant or agent of such corporate body, in his capacity as director, servant or agent, shall be prima facie proof of its contents and admissible in evidence against the accused, unless he is able to prove that at all material times he had no knowledge of the said document, memorandum, book or record, in so far as its contents are relevant to the offence charged, and was in no way partly to the drawing up of such document or memorandum or the making of any relevant entries in such book or record.
When a member of an association of persons, other than a corporate body, has, in carrying on the business or affairs of that association or in furthering or in endeavouring to further its interests, committed an offence, whether by the performance of any act or by the failure to perform any act, any person who was, at the time of the commission of the offence, a member of that association, shall be deemed to be guilty of the said offence, unless it is proved that he did not take part in the commission of the offence and that he could not have prevented it: Provided that if the business or affairs of the association are governed or controlled by a committee or other similar governing body, the provisions of this subsection shall not apply to any person who was not at the time of the commission of the offence a member of that committee or other body.
In any proceedings against a member of an association of persons in respect of an offence mentioned in subsection (7) any record which was made or kept by any member or servant or agent of the association within the scope of his activities as such member, servant or agent, or any document which was at any time in the custody or under the control of any such member, servant or agent within the scope of his activities as such member, servant or agent, shall be admissible in evidence against the accused.
For the purposes of subsection (8) any record made or kept by a member or servant or agent of an association, or any document which was at any time in his custody or under his control, shall be presumed to have been made or kept by him or to have been in his custody or under his control within the scope of his activities as such member or servant or agent, unless the contrary is proved.
In this section the word 'director' in relation to a corporate body means any person who controls or governs that corporate body or who is a member of a body or group of persons which controls or governs that corporate body or, where there is no such body or group, who is a member of that corporate body.
The provisions of this section shall be additional to and not in substitution for any other law which provides for a prosecution against corporate bodies or their directors or servants or against associations of persons or their members.
Where a summons under this Act is to be served on a corporate body, it shall be served on the director or servant referred to in subsection (2) and in the manner referred to in section 54 (2).
Whenever the Minister has any doubt as to the correctness of any decision given by any superior court in any criminal case on a question of law, or whenever a decision in any criminal case on a question of law is given by any division of the Supreme Court which is in conflict with a decision in any criminal case on a question of law given by any other division of the Supreme Court, the Minister may submit such decision or, as the case may be, such conflicting decisions to the Appellate Division of the Supreme Court and cause the matter to be argued before that Court in order that it may determine such question of law for the future guidance of all courts.
(a)31* The Minister may by notice in the Gazette declare that any person who, by virtue of his office, falls within any category defined in the notice, shall, within an area specified in the notice, be a peace officer for the purpose of exercising, with reference to any provision of this Act or any offence or any class of offences likewise specified, the powers defined in the notice.
The powers referred to in paragraph (a) may include any power which is not conferred upon a peace officer by this Act.
(a)32* No person who is a peace officer by virtue of a notice issued under subsection (1) shall exercise any power conferred upon him under that subsection unless he is at the time of exercising such power in possession of a certificate of appointment issued by his employer, which certificate shall be produced on demand.
A power exercised contrary to the provisions of paragraph (a) shall have no legal force or effect.
any matter which shall appear in or on such certificate of appointment in addition to any matter which the employer may include in such certificate.
Where the employer of any person who becomes a peace officer under the provisions of this section would be liable for damages arising out of any act or omission by such person in the discharge of any power conferred upon him under this section, the State shall not be liable for such damages unless the State is the employer of that person, in which event the department of State, including a provincial administration, in whose service such person is, shall be so liable.
Whenever a person has in relation to any matter made to a peace officer a statement in writing or a statement which was reduced to writing, and criminal proceedings are thereafter instituted against such person in connection with that matter, the person in possession of such statement shall furnish the person who made the statement, at his request, with a copy of such statement.
No person shall, with regard to any offence referred to in section 153 (3) (a) and (b), as from the date on which the offence in question was committed or allegedly committed, until the prohibition in terms of section 154 (2) (b) of the publication of information relating to the charge in question commences, publish any information which might reveal the identity of the person towards or in connection with whom the offence was committed or allegedly committed, except with the authorization of a magistrate granted on application in chambers, with due regard to the wishes of the person towards or in connection with whom the offence was committed.
Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment if the person whose identity has been revealed is over the age of 18 years, and if such person is under the age of 18 years, to a fine or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
The provisions of section 300 are applicable, with the changes required by the context, upon the conviction of a person in terms of subsection (2) and if the person whose identity has been revealed suffered any physical, psychological or other injury or loss of income or support.
[Sub-s. (3) added by s. 68 of Act 32 of 2007.
[S. 335A inserted by s. 4 of Act 103 of 1987.
is deceased, a magistrate may, on the written application of that police official and if he is satisfied that the medical examination is necessary, grant the necessary consent that such examination be conducted.
If a magistrate is not available to grant consent as referred to in subsection (1), a commissioned officer as defined in section 1 of the Police Act, 1958 (Act 7 of 1958), or the police official in charge of the local police station may in writing grant such consent if the police official charged with the investigation of the case declares under oath that the consent of a magistrate cannot be obtained within a reasonable period of time and the district surgeon or registered medical practitioner declares under oath that the purpose of the medical examination will be defeated if the examination is not conducted forthwith.
[S. 335B inserted by s. 7 of Act 4 of 1992.
Where an act or omission constitutes an offence under two or more statutory provisions or is an offence against a statutory provision and the common law, the person guilty of such act or omission shall, unless the contrary intention appears, be liable to be prosecuted and punished under either statutory provision or, as the case may be, under the statutory provision or the common law, but shall not be liable to more than one punishment for the act or omission constituting the offence.
it is subsequently proved that the said estimate was incorrect; and the accused at such proceedings could not lawfully have been convicted of the offence with which he or she was charged if the correct age had been proved.
[S. 337 substituted by s. 99 (1) of Act 75 of 2008.
Where any law requires any person to produce any document at any criminal proceedings at which such person is an accused, and such person fails to produce such document at such proceedings, such person shall be guilty of an offence, and the court may in a summary manner enquire into his failure to produce the document and, unless such person satisfies the court that his failure was not due to any fault on his part, sentence him to any punishment provided for in such law, or, if no punishment is so provided, to a fine not exceeding R300 or to imprisonment for a period not exceeding three months.
[S. 338 substituted by s. 24 of Act 33 of 1986.
Whenever an accused is in custody and it becomes necessary that he be removed from one prison to another prison for the purpose of attending his trial, the magistrate of the district in which the accused is in custody shall issue a warrant for the removal of the accused to such other prison.
of the unsentenced prisoners who, at such commencement, have been detained within his prison for a period of ninety days or longer; and of witnesses detained under section 184 or 185 and who, at such commencement, are being detained within his prison, and such list shall, in the case of each such prisoner and each such witness, specify the date of his admission to the prison and the authority for his detention which shall, in the case of a witness, state whether the detention is under section 184 or 185, and shall further specify, in the case of each such prisoner, the cause of his detention.
If a person receives from any peace officer a notification in writing alleging that such person has committed, at a place and upon a date and at a time or during a period specified in the notification, any offence likewise specified, of any class mentioned in Schedule 3, and setting forth the amount of the fine which a court trying such person for such offence would probably impose upon him, such person may within thirty days after the receipt of the notification deliver or transmit the notification, together with a sum of money equal to the said amount, to the magistrate of the district or area wherein the offence is alleged to have been committed, and thereupon such person shall not be prosecuted for having committed such offence.
Where a notification referred to in subsection (1) is issued by a peace officer in the service of a local authority in respect of an offence committed within the area of jurisdiction of such local authority, any person receiving the notification may deliver or transmit it together with a sum of money equal to the amount specified therein to such local authority.
[Para. (a) substituted by s. 9 of Act 64 of 1982.
Any sum of money paid to a local authority as provided in paragraph (a) shall be deemed to be a fine imposed in respect of the offence in question.
[Para. (b) substituted by s. 9 of Act 64 of 1982.
Not later than seven days after receipt of any sum of money as provided in paragraph (a), the local authority concerned shall forward to the magistrate of the district or area wherein the offence is alleged to have been committed a copy of the notification relating to the payment in question.
If the magistrate finds that the amount specified in the notification exceeds the amount determined in terms of subsection (5) in respect of the offence in question, he shall notify the local authority of the amount whereby the amount specified in the notification exceeds the amount so determined and the local authority concerned shall immediately refund the amount of such excess to the person concerned.
[Sub-para. (ii) amended by s. 4 of Act 18 of 1996.
a local government body contemplated in section 30 (2) (a) of the Black Administration Act, 1927 (Act 38 of 1927); and any committee referred to in section 17 (1) of the Promotion of Local Government Affairs Act, 1983 (Act 91 of 1983).
[Para. (e) substituted by s. 25 of Act 33 of 1986 and by s. 16 of Act 26 of 1987.
Any money paid to a magistrate in terms of subsection (1) shall be dealt with as if it had been paid as a fine for the offence in question.
The Minister may from time to time by notice in the Gazette add any offence to the offences mentioned in Schedule 3, or remove therefrom any offence mentioned therein.
The amount to be specified in any notification issued under this section as the amount of the fine which a court would probably impose in respect of any offence, shall be determined from time to time for any particular area by the magistrate of the district or area in which such area is situated, and may differ from the admission of guilt fine determined under section 57 (5) (a) for the offence in question. [NB: Sub-s. (5) has been substituted by s. 17 of the Judicial Matters Amendment Act 66 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
A conviction or an acquittal in respect of any offence shall not bar a civil action for damages at the instance of any person who has suffered damages in consequence of the commission of that offence.
A court before which criminal proceedings are pending shall investigate any delay in the completion of proceedings which appears to the court to be unreasonable and which could cause substantial prejudice to the prosecution, the accused or his or her legal adviser, the State or a witness.
any other factor which in the opinion of the court ought to be taken into account.
[Date of commencement of para. (e): to be proclaimed.
that the matter be referred to the appropriate authority for an administrative investigation and possible disciplinary action against any person responsible for the delay.
An order contemplated in subsection (3) (a), where the accused has pleaded to the charge, and an order contemplated in subsection (3) (d), shall not be issued unless exceptional circumstances exist and all other attempts to speed up the process have failed and the defence or the State, as the case may be, has given notice beforehand that it intends to apply for such an order.
The attorney-general and the accused may appeal against an order contemplated in subsection (3) (d) and the provisions of sections 310A and 316 in respect of an application or appeal referred to in that section by an accused, shall apply mutatis mutandis with reference to a case in which the attorney-general appeals and, in the case of an appeal by the accused, the provisions of section 309 and 316 shall apply mutatis mutandis.
the costs shall be taxed according to the scale the court deems fit; and the order shall have the effect of a civil judgment of that court.
[Date of commencement of sub-s. (5): to be proclaimed.
If, on notice of motion, it appears to a superior court that the institution or continuance of criminal proceedings is being delayed unreasonably in a lower court which is seized with a case but does not have jurisdiction to try the case, that superior court may, with regard to such proceedings, institute the investigation contemplated in subsections (1) and (2) and issue any order contemplated in subsection (3) to the extent that it is applicable.
six months from date of arrest, where the trial is to be conducted in a magistrate's court.
The Cabinet member responsible for the administration of justice must, within 14 days of receipt of a report contemplated in paragraph (a), table such report in Parliament.
[Sub-s. (7) added by s. 7 of Act 55 of 2003.
[S. 342A inserted by s. 13 of Act 86 of 1996.
[S. 343 repealed by s. 1 of Act 49 of 1996.
Subject to the provisions of subsection (2), the laws specified in Schedule 4 are hereby repealed to the extent set out in the third column of that Schedule.
Any regulation, rule, notice, approval, authority, return, certificate, document, direction or appointment made, issued, given or granted, and any other act done under any provision of any law repealed by this Act shall, subject to the provisions of subsection (3), be deemed to have been made, issued, given, granted or done under the corresponding provisions of this Act.
Notwithstanding the repeal of any law under subsection (1), criminal proceedings which have under such law at the date of commencement of this Act been commenced in any superior court, regional court or magistrate's court and in which evidence has at such date been led in respect of the relevant charge, shall, if such proceedings have at that date not been concluded, be continued and concluded under such law as if it had not been repealed.
This Act shall be called the Criminal Procedure Act, 1977, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
The State President may under subsection (1) fix different dates in respect of different provisions of this Act.
[S. 345 amended by s. 1 of Act 49 of 1996.
(Sections 40 and 42) Schedule 1 substituted by s. 17 of Act 26 of 1987, amended by s.
1998 and substituted by s. 68 of Act 32 of 2007.
Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
Trafficking in persons for sexual purposes by a person contemplated in section 71 (1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Related Matters Amendment Act, 2007.
Assault, when a dangerous wound is inflicted.
Malicious injury to property.
Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence.
Theft, whether under the common law or a statutory provision.
Receiving stolen property knowing it to have been stolen.
Forgery or uttering a forged document knowing it to have been forged.
Offences relating to the coinage.
Any offence, except the offence of escaping from lawful custody in circumstances other than the circumstances referred to immediately hereunder, the punishment wherefor may be a period of imprisonment exceeding six months without the option of a fine.
Escaping from lawful custody, where the person concerned is in such custody in respect of any offence referred to in this Schedule or is in such custody in respect of the offence of escaping from lawful custody.
Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.
[Schedule 2 amended by s. 5 of Act 126 of 1992, by s. 15 of Act 62 of 2000 and by s. 68 of Act 32 of 2007.
(Section 35) Any offence under any law relating to the illicit possession, conveyance or supply of dependence-producing drugs or intoxicating liquor. Any offence under any law relating to the illicit dealing in or possession of precious metals or precious stones. Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence. Theft, whether under the common law or a statutory provision.
[Part II amended by s. 15 of Act 62 of 2000 and substituted by s. 68 of Act 32 of 2007.] Treason. Sedition. Murder. Rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
Theft, whether under the common law or a statutory provision, receiving stolen property knowing it to have been stolen, fraud, forgery or uttering a forged document knowing it to have been forged, in each case if the amount or value involved in the offence exceeds R2 500.
Any offence under any law relating to the illicit dealing in or possession of precious metals or precious stones.
dagga exceeding 115 grams; or any other dependence-producing drugs; or conveyance or supply of dependence-producing drugs. Any offence relating to the coinage.
Any conspiracy, incitement or attempt to commit any offence referred to in this Part.
[Part III substituted by s. 5 of Act 126 of 1992.
Housebreaking, whether under the common law or a statutory provision, with intent to commit an offence.
Contravention of the provisions of section 1 and 1A of the Intimidation Act, 1982 (Act 72 of 1982).
[Schedule 3 amended by s. 18 of Act 56 of 1979.
Any contravention of a bye-law or regulation made by or for any council, board or committee established in terms of any law for the management of the affairs of any division, city, town, borough, village or other similar community.
driving a motor vehicle without holding a licence to drive it.
Act 38 of 1916 Mental Disorders Act, 1916 Sections 27, 28, 29 and 29bis.
Act 24 of 1922 South-West Africa Affairs Act, 1922 Section 2 (1), so much of section 3 as is unrepealed, and sections 4, 6 and 7.
Act 22 of 1926 South-West Africa Mental Disorder Act, 1926 So much as is unrepealed.
Act 46 of 1935 General Law Amendment Act, 1935 Section 78 and so much of section 101 as is unrepealed.
Act 32 of 1944 Magistrates' Courts Act, 1944 Sections 93, 93bis and 94 to 105 inclusive.
Act 32 of 1952 General Law Amendment Act, 1952 Section 9 and so much of section 26 as is unrepealed.
Act 40 of 1952 Magistrates' Courts Amendment Act, 1952 Sections 22 to 26 inclusive.
Act 56 of 1955 Criminal Procedure Act, 1955 The whole, except sections 319 (3) and 384.
Act 62 of 1955 General Law Amendment Act, 1955 Sections 13, 24, 25 and 26.
Act 50 of 1956 General Law Amendment Act, 1956 Sections 22, 23, 24, 25, 27, 28, 29 and 31.
Act 33 of 1957 Interpretation Act, 1957 Section 9.
Act 68 of 1957 General Law Amendment Act, 1957 Section 5 in so far as it relates to criminal proceedings, and sections 40 and 45 to 59 inclusive.
Act 9 of 1958 Criminal Procedure Amendment Act, 1958 The whole.
Act 18 of 1958 Special Criminal Courts Amendment Act, 1958 The whole.
Act 16 of 1959 Criminal Law Amendment Act, 1959 Sections 3 to 8 inclusive, 10, 11 and 15 to 49 inclusive.
Act 75 of 1959 Criminal Law Further Amendment Act, 1959 Sections 3 to 6 inclusive.
Act 33 of 1960 Children's Act, 1960 Sections 98 to 102 inclusive.
Act 39 of 1961 General Law Amendment Act, 1961 Section 4.
Act 45 of 1961 Interpretation Amendment Act, 1961 Section 3.
Act 14 of 1962 Evidence Act, 1962 So much as is unrepealed.
Sections 17 and 18.
Sections 28 and 29.
Sections 16 to 20 inclusive.
Sections 1, 2 and 8 to 12 inclusive.
Sections 10 to 15 inclusive.
Sections 12 and 22 to 30 inclusive.
The amendment of section 261 of the Criminal Procedure Act, 1955, contained in the Schedule.
Sections 7, 8 and 9.
Sections 7 to 12 inclusive.
Sections 31 and 37 to 41 inclusive.
Sections 1 to 32 inclusive.
Sections 5, 6, 7, 8 and 9.
Sections 4 and 14.
In so far as it relates to the attendance by witnesses of criminal proceedings in courts in the Republic.
In so far as it applies to the Eastern Caprivi Zipfel.
1938 Proclamation 1938 relates to criminal proceedings.
1963 300 (3) and 370.
Ordinance 35 of Criminal Procedure Amendment The whole.
Ordinance 19 of Criminal Procedure Amendment The whole.
Ordinance 4 of 1968 General Law Amendment Ordinance, 1968 Sections 5 to 13 inclusive.
Ordinance 3 of 1969 Criminal Procedure Amendment Ordinance, 1969 The whole.
Ordinance 14 of Criminal Procedure Amendment The whole.
[Schedule 5 added by s. 14 of Act 75 of 1995, substituted by s. 9 of Act 85 of 1997, amended by s. 36 (1) of Act 12 of 2004 and by s. 27 (1) of Act 33 of 2004 and substituted by s. 68 of Act 32 of 2007.
Attempted murder involving the infliction of grievous bodily harm.
Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, in circumstances other than those referred to in Schedule 6.
of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
the value of the dependence-producing substance in question is more than R50 000,00; or the value of the dependence-producing substance in question is more than R10 000,00 and that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or the offence was committed by any law enforcement officer. Any offence relating to the dealing in or smuggling of ammunition, firearms, explosives or armament, or the possession of an automatic or semi-automatic firearm, explosives or armament.
of that Act.
involving amounts of more than R10 000,00; or as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy.
Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively on a child under the age of 16 years.
and the accused has previously been convicted of an offence referred to in Schedule 1; or which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 1.
The offences referred to in section 4 (2) or (3), 13 or 14 (in so far as it relates to the aforementioned sections) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004.
[Schedule 6 added by s. 10 of Act 85 of 1997, amended by s. 27 (1) of Act 33 of 2004 and substituted by s. 68 of Act 32 of 2007.
the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy.
is a person who is mentally disabled as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or involving the infliction of grievous bodily harm.
Amendment Act, 2007.
the infliction of grievous bodily harm by the accused or any of the coperpetrators or participants; or the taking of a motor vehicle.
and the accused has previously been convicted of an offence referred to in Schedule 5 or this Schedule; or which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 5 or this Schedule.
(Act 46 of 1999).
[Schedule 7 added by s. 10 of Act 85 of 1997, amended by s. 10 of Act 34 of 1998 and by s. 16 of Act 62 of 2000 and substituted by s. 68 of Act 32 of 2007.] Public violence. Culpable homicide. Bestiality as contemplated in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. Assault, involving the infliction of grievous bodily harm. Arson. Housebreaking, whether under the common law or a statutory provision, with intent to commit an offence. Malicious injury to property. Robbery, other than a robbery with aggravating circumstances, if the amount involved in the offence does not exceed R20 000,00. Theft and any offence referred to in section 264 (1) (a), (b) and (c), if the amount involved in the offence does not exceed R20 000,00. Any offence in terms of any law relating to the illicit possession of dependenceproducing drugs. Any offence relating to extortion, fraud, forgery or uttering if the amount of value involved in the offence does not exceed R20 000,00. Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.
the provisions of section 106 (4) shall not be applicable where such an accused has already pleaded to the charge.
the written admission referred to in subsection (1) (c) may not be used against such an accused during the prosecution.
the court may make a further endorsement on the warrant to the effect that the accused may admit his or her guilt in respect of the failure to appear in answer to the summons or to remain in attendance at the criminal proceedings, and that he or she may upon arrest pay to a clerk of the court or at a police station a fine stipulated on the warrant in respect of that failure, which fine shall not exceed the amount to be imposed in terms of subsection (2), without appearing in court.
contain an endorsement in terms of section 57 that the accused may admit his or her guilt in respect of the offence in question and that he or she may pay the stipulated fine as determined by the Minister in terms of section 57 (2) (b) in respect thereof without appearing in court; and contain a certificate under the hand of the peace officer that he or she has handed the original of that written notice to the accused and that he or she has explained to the accused the import thereof.
If the accused is in custody, the effect of a written notice handed to him or her under subsection (1) shall be that he or she be released forthwith from custody.
An admission of guilt fine referred to in this section may only be imposed and paid in respect of an offence which the Minister determines, as provided for in subsection (2).
the offences in respect of which an admission of guilt fine may be imposed and paid; and the amount of an admission of guilt fine which can be stipulated in a summons under section 54 (in this section referred to as the summons) or a written notice under section 56 (in this section referred to as the written notice), in respect of each offence.
a summons is issued against an accused under section 54 and the public prosecutor of the court concerned, in accordance with the directives issued by the National Director of Public Prosecutions provided for in subsection (11), endorses the summons to the effect that the accused may admit his or her guilt in respect of the offence in question and that he or she may pay a fine stipulated on the summons in respect of that offence without appearing in court; or a written notice under section 56 is handed to the accused and the endorsement in terms of subsection (1) (c) of that section purports to have been made by a peace officer, the accused may, without appearing in court, admit his or her guilt in respect of the offence in question by paying the fine stipulated (in this section referred to as the admission of guilt fine) either to the clerk of the magistrate's court which has jurisdiction or at any police station within the area of jurisdiction of that court or, if the summons or written notice in question is endorsed to the effect that the fine may be paid at a specified local authority, at that local authority.
is available at the place of payment referred to in subsection (3), the admission of guilt fine may be accepted without the surrender of a copy of the summons or written notice, as the case may be.
If an accused in respect of whom a warrant has been endorsed in terms of section 55 (2A) intends to pay the relevant admission of guilt fine, the clerk of the court may, after he or she has satisfied himself or herself that the warrant is so endorsed, accept the admission of guilt fine without the surrender of the summons, written notice or copy thereof, as the case may be.
Notwithstanding the provisions of subsection (3), an accused referred to in paragraph (a) (iii) may pay the admission of guilt fine in question to the clerk of the court where he or she appears in consequence of that warrant, and if that clerk of the court is not the clerk of the magistrate's court referred to in subsection (3), he or she shall transfer that admission of guilt fine to the latter clerk of the magistrate's court.
No provision of this section shall be construed as preventing a public prosecutor attached to the court concerned from reducing an admission of guilt fine on good cause shown in writing.
An admission of guilt fine stipulated in respect of a summons or a written notice shall be in accordance with the determination made by the Minister from time to time in respect of the offence in question, as provided for in subsection (2).
An admission of guilt fine paid at a police station or a local authority in terms of subsection (3) and the summons or, as the case may be, the written notice surrendered under subsection (5), shall, as soon as is expedient, be forwarded to the clerk of the magistrate's court which has jurisdiction, and that clerk of the court shall thereafter, as soon as is expedient, enter the essential particulars of that summons or, as the case may be, that written notice and of any summons or written notice surrendered to the clerk of the court under subsection (5), in the criminal record book for admissions of guilt, whereupon the accused concerned shall, subject to the provisions of subsection (9), be deemed to have been convicted and sentenced by the court in respect of the offence in question.
The judicial officer presiding at the court in question shall examine the documents and if it appears to him or her that a conviction or sentence under subsection (8) is not in accordance with justice or, except as provided in subsection (6), is not in accordance with a determination made by the Minister under subsection or does not comply with a directive issued by the National Director of Public Prosecutions as provided for in subsection (11) that judicial officer may set aside the conviction and sentence and direct that the accused be prosecuted in the ordinary course, whereupon the accused may be summoned to answer that charge as the public prosecutor may deem fit to prefer: Provided that where the admission of guilt fine which has been paid exceeds the amount determined by the Minister under subsection (2), the judicial officer may, in lieu of setting aside the conviction and sentence in question, direct that the amount by which the admission of guilt fine exceeds the said determination be refunded to the accused concerned.
The National Director of Public Prosecutions must issue directives regarding the cases and circumstances in which a prosecutor may issue a summons referred to in subsection (3) (a) or a written notice referred to in section 57A (1) in which an admission of guilt fine may be imposed in respect of the offences which the Minister determines under subsection (2) and any directive so issued must be observed in the application of this section.
The Minister must submit any directives issued under this subsection to Parliament before those directives take effect, and the first directives so issued, must be submitted to Parliament within four months of the commencement of this section.
released on warning under section 72, the public prosecutor may, before the accused has entered a plea and in accordance with the directives issued by the National Director of Public Prosecutions under section 57 (11), hand to the accused a written notice, or cause the notice to be delivered to the accused by a peace officer, containing an endorsement in terms of section 57 that the accused may admit his or her guilt in respect of the offence in question and that he or she may pay the stipulated fine in respect of that offence, as determined by the Minister in terms of section 57 (2) (b), without appearing in court again.
The provisions of sections 55, 56 (2) and (4) and 57 (1), (2), (4) to (9), inclusive, shall apply mutatis mutandis to the relevant written notice handed or delivered to an accused under subsection (1) as if, in respect of section 57, the notice were the written notice referred to in that section and as if the fine stipulated in the written notice were also the admission of guilt fine referred to in that section.
The amount to be specified in any notification issued under this section as the amount of the fine which a court would probably impose in respect of any offence, shall be determined from time to time by the Minister by notice in the Gazette, after consultation with the Chief Justice, the National Director of Public Prosecutions and the Minister of Safety and Security, and may differ from the admission of guilt fine determined under section 57 (2) (b) for the offence in question.
Any determination made by the Minister under paragraph (a) must be tabled in Parliament for approval.
'South African Police Service Act' means the South African Police Service Act, 1995 (Act 68 of 1995).
ensure the presence of a parent or guardian of the child, a social worker or an appropriate person; and treat and address the child in a manner that takes into account his or her gender and age.
person convicted by a court in respect of any offence, which the Minister has by notice in the Gazette declared to be an offence for the purposes of this subsection.
fingerprints to be taken of any person arrested upon any charge; or fingerprints to be taken of a person deemed under section 57 (6) to have been convicted in respect of any offence, which the Minister has by notice in the Gazette declared to be an offence for the purposes of this subsection.
The fingerprints taken in terms of this section must be stored on the fingerprint database maintained by the National Commissioner, as provided for in Chapter 5A of the South African Police Service Act.
some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching; or the fingerprints taken were lost, misfiled or not stored on the database.
The fingerprints taken under any power conferred by this section, may be the subject of a comparative search.
in a case where a decision was made not to prosecute a person, if the person is found not guilty at his or her trial, or if his or her conviction is set aside by a superior court or if he or she is discharged at a preparatory examination or if no criminal proceedings with reference to such fingerprints or body-prints were instituted against the person concerned in any court or if the prosecution declines to prosecute, must be destroyed within 30 days after the officer commanding the Division responsible for criminal records referred to in Chapter 5A of the South African Police Service Act has been notified.
Fingerprints retained in terms of this section, may only be used for purposes related to the detection of crime, the investigation of an offence, the identification of missing persons, the identification of unidentified human remains or the conducting of a prosecution.
Subparagraphs (a) (i) and (ii) do not prohibit the use of any fingerprints taken under any powers conferred by this section, for the purposes of establishing if a person has been convicted of an offence.
falsely claims such fingerprints, body-prints or images to have been taken from a specific person whilst knowing them to have been taken from another person or source, is guilty of an offence and liable on conviction to imprisonment for a period not exceeding 15 years.
The National Commissioner must destroy the fingerprints of a child upon receipt of a Certificate of Expungement in terms of section 87 (4) of the Child Justice Act.
any person serving such a sentence at the time of the commencement of this section; and where applicable, any person released on parole in respect of such a sentence, irrespective of the fact that such a person was convicted of the offence in question, prior to the commencement of this section.
suspect that the person or that one or more of the persons in that group has committed an offence referred to in Schedule 1; and believe that the prints or the results of an examination thereof, will be of value in the investigation by excluding or including one or more of those persons as possible perpetrators of the offence.
be examined for the purposes of the investigation of the relevant offence or caused to be so examined; and be subjected to a comparative search.
in a case where a decision was made not to prosecute a person, if the person is found not guilty at his or her trial, or if his or her conviction is set aside by a superior court or if he or she is discharged at a preparatory examination or if no criminal proceeding with reference to such fingerprints or body-prints were instituted against the person concerned in any court or if the prosecution declines to prosecute, must be destroyed within 30 days after the officer commanding the Division responsible for criminal records referred to in Chapter 5A of the South African Police Service Act has been notified of such event as referred to in this paragraph.
Fingerprints or body-prints which may be retained in terms of this section, may only be used for purposes related to the detection of crime, the investigation of an offence, the identification of missing persons, the identification of unidentified human remains or the conducting of a prosecution.
Subparagraphs (a) (i) and (ii), does not prohibit the use of any fingerprints or body-prints taken under any powers conferred by this section, for the purposes of establishing if a person has been convicted of an offence.
The fingerprints or body-prints referred to in paragraph (a) must be stored on the database maintained by the National Commissioner, as provided for in Chapter 5A of the South African Police Service Act.
or (b) of section 36B (1).
Any medical officer of any prison or, if requested thereto by any police official, any registered medical practitioner or registered nurse may take such steps, including the taking of a blood sample, as may be deemed necessary in order to ascertain whether the body of any person referred to in paragraph (a) (i) or (ii) of subsection (1) or paragraph (a) or (b) of section 36B (1) has any mark, characteristic or distinguishing feature or shows any condition or appearance.
Any court which has convicted any person of any offence or which has concluded a preparatory examination against any person on any charge, or any magistrate, may order that the fingerprints, body-prints or a photographic image of the person concerned be taken.
Any fingerprints, body-prints or photographic images taken under any power conferred by this section, may be the subject of a comparative search.
in a case where a decision was made not to prosecute a person, if the person is found not guilty at his or her trial, or if his or her conviction is set aside by a superior court or if he or she is discharged at a preparatory examination or if no criminal proceeding with reference to such body-prints or photographic images was instituted against the person concerned in any court or if the prosecution declines to prosecute, must be destroyed within 30 days after the officer commanding the Division responsible for criminal records referred to in Chapter 5A of the South African Police Service Act has been notified.
Body-prints or photographic images which may be retained in terms of this section, may only be used for purposes related to the detection of crime, the investigation of an offence, the identification of a missing person, the identification of unidentified human remains or the conducting of a prosecution.
The body-prints or photographic images referred to in paragraph (a) (i) and (ii), must be stored on the database established by the National Commissioner, as provided for in Chapter 5A of the South African Police Service Act.
Subsection (6) does not prohibit the use of any body-prints or photographic image taken under any powers conferred by this section, for the purposes of establishing if a person has been convicted of an offence.
in biochemistry, in metallurgy, in microscopy, in any branch of pathology or in toxicology; or in ballistics, in the identification of fingerprints or body-prints or in the examination of disputed documents, is or may become relevant to the issue at criminal proceedings, a document purporting to be an affidavit made by a person who in that affidavit alleges that he or she is in the service of the State or of a provincial administration or any university in the Republic or any other body designated by the Minister for the purposes of this subsection by notice in the Gazette, and that he or she has established such fact by means of such an examination or process, shall, upon its mere production at such proceedings be prima facie proof of such fact: Provided that the person who may make such affidavit may, in any case in which skill is required in chemistry, anatomy or pathology, issue a certificate in lieu of such affidavit, in which event the provisions of this paragraph shall mutatis mutandis apply with reference to such certificate.
found such fingerprint or body-print at or in the place or on or in the article or in the position or circumstances stated in the affidavit; or dealt with such fingerprint or bodyprint in the manner stated in the affidavit, shall, upon the mere production thereof at such proceedings, be prima facie proof that such fingerprint or body-print, was so found or, as the case may be, was so dealt with.
during a period specified in the affidavit, had a fingerprint or body-print, article of clothing, specimen, tissue or object described in the affidavit in his or her custody in the manner described in the affidavit, which was packed or marked in the manner described in the affidavit, shall, upon the mere production thereof at such proceedings, be prima facie proof of the matter so alleged: Provided that the person who may make such affidavit in any case relating to any article of clothing, specimen or tissue, may issue a certificate in lieu of such affidavit, in which event the provisions of this paragraph shall mutatis mutandis apply with reference to such certificate.
Whenever it is relevant at criminal proceedings to ascertain whether any fingerprint or body-print of an accused at such proceedings corresponds to any other fingerprint or body-print or whether the body of such an accused has or had any mark, characteristic or distinguishing feature or shows or showed any condition or appearance, evidence of the fingerprints or body-prints of the accused or that the body of the accused has or had any mark, characteristic or distinguishing feature or shows or showed any condition or appearance, including evidence of the result of any blood test of the accused, shall be admissible at such proceedings.
Such evidence shall not be inadmissible by reason only thereof that the fingerprint or body-print in question was not taken or that the mark, characteristic, feature, condition or appearance in question was not ascertained in accordance with the provisions of sections 36B, 36C or 37, or that it was taken or ascertained against the wish or the will of the accused concerned.
1R1 500 - GN R239 in GG 24393 of 14 February 2003 2In the Afrikaans text of para. (q) the reference is to no particular section of Act 116 of 1998 but to the Act as a whole. 3In The Minister of Safety and Security and others In Re S v Walters and Another 2002 (2) SACR 105 (CC) & 2002 (4) SA 613 (CC) section 49 (2) was declared inconsistent with the Constitution and invalid. (See GN R745 in GG 23453 of 31 May 2002) 4R2 500 - GN R239 in GG 24393 of 14 February 2003 5R5 000 - GN R239 in GG 24393 of 14 February 2003 6R5 000 - GN R239 in GG 24393 of 14 February 2003. 7R5 000 - GN R239 in GG 24393 of 14 February 2003 8Section 38 of Act 122 of 1991 commenced on different dates in respect of different magisterial districts. 9Section 39 of Act 122 of 1991 commenced on different dates in respect of different magisterial districts. 10The omission from sub-s. (4) between the words 'that' and 'his failure' of the words 'there is a reasonable possibility that' was ordered inconsistent with the Constitution by the Constitutional Court and sub-s. (4) was ordered to be read as though the above omitted words appear therein - GN R888 in GG 23535 of 28 June 2002. (See S v Singo 2002 (2) SACR 160 (CC) & 2002 (4) SA 858 (CC)). 11Tariff of compensation to psychiatrists or clinical psychologists to enquire into the mental condition of an accused was determined under GN R393 in GG 30953 of 11 April 2008. 12Determination of tariff payable to psychiatrists or clinical psychologists for an enquiry into the mental condition of an accused has been published under GN R393 in GG 30953 of 11 April 2008 - see Regulations to the Act. 13R1 500 - GN R239 in GG 24393 of 14 February 2003 14R1 500 - GN R239 in GG 24393 of 14 February 2003 15See s. 1 of Act 65 of 2008 16See s. 1 of Act 65 of 2008 17See s. 1 of Act 65 of 2008 18See s. 1 of Act 65 of 2008 19Persons or categories or classes of persons who are competent to be appointed as intermediaries were determined under GN R1374 in GG 15024 of 30 July 1993, as amended. 20Regulations prescribing the tariff of allowances payable to witnesses in criminal proceedings were published under GN R391 in GG 30953 of 11 April 2008. Regulations prescribing the tariff of allowances payable to psychiatrists and clinical psychologists who appear as witnesses in court were published under GN R392 in GG 30953 of 11 April 2008. 21Regulations prescribing the tariff of allowances of witnesses in criminal proceedings have been published under GN R391 in GG 30953 of 11 April 2008. 22The Board of Umgeni Water, a water board established in terms of s. 108 of the Water Act 54 of 1956, designated under GN R1507 in GG 16707 of 6 October 1995. The Agricultural Research Council, a council established in terms of s. 2 of the Agricultural Research Act 86 of 1990, designated under GN R889 in GG 26603 of 30 July 2004.
the Constitutional Court declared sections 245 and 332 (5) inconsistent with the Constitution and therefore invalid.
24The English text of section 269A was inserted without a heading.
51 of 1977 inconsistent with the Constitution and therefore invalid.
27Directives published under GN R248 in GG 28646 of 7 April 2006. 28R500 000 in respect of a regional court, and R100 000 in respect of a magistrates' court - GN R239 in GG 24393 of 14 February 2003. 29R3 000 in the case of a judicial officer who has not held the substantive rank of magistrate or higher for a period of seven years, and R6 000 in the case of a judicial officer who has held the substantive rank of magistrate or higher for a period of seven years or longer - GN R239 in GG 24393 of 14 February 2003 30In S v Coetzee and others 1997 (1) SACR 379 (CC) & 1997 (3) SA 527 (CC) the Constitutional Court declared sections 245 and 332 (5) inconsistent with the Constitution and therefore invalid. 31Declaration of peace officers published under GN R209 in GG 23143 of 19 February 2002, as amended. 32Requirements and certificate of peace officers published under GN R210 in GG 23144 of 19 February 2002. See Regulations to this Act. 33Requirements and certificate of peace officers published under GN R210 in GG 23144 of 19 February 2002. See Regulations to this Act.
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<fn>GOV-ZA.1977En.2012-02-10.en.txt</fn>
Mr. Thembinkosi Willies Mchunu
Tel: (033) 341 9300 (Switchboard) Fax: (033) 342 6345 Email: info@comsafety.gov.
<fn>GOV-ZA.1979053En.2012-02-10.en.txt</fn>
he has passed the practical examination prescribed by section 14 (1) (d) or (e), as the case may be, or is exempted therefrom under the provisions of this Act.
the court is satisfied that such person has complied with the provisions of paragraphs (a), (b) and (c) of subsection (1).
[S. 18 substituted by s. 8 of Act 108 of 1984.
society of the province in which the court to which such application is made, is situated, together with his notice of application, a copy of his application for admission or readmission and copies of all affidavits, certificates and other documents or papers which are referred to therein or connected therewith.
Upon production to the secretary referred to in subsection (1), of the application, affidavits, certificates, documents and other papers referred to therein, the secretary shall, upon payment of the fees prescribed under section 80, certify on such application that the provisions of this section have been complied with.
Unless such certificate has been obtained, the person concerned shall not make his application to the court.
Any person admitted and enrolled as an attorney, or a notary or conveyancer under this Act may in the manner prescribed by subsection (2), apply to the registrar of any court other than the court by which he was so admitted and enrolled to have his name placed on the roll of attorneys or of notaries or of conveyancers, as the case may be, of the court for which such registrar has been appointed.
proof to the satisfaction of the registrar that the fees prescribed by section 80 (h) have been paid.
A registrar receiving an application referred to in subsection (1), shall place the name of the applicant on the roll of attorneys or of notaries or of conveyancers, as the case may be, kept by him in terms of section 21, unless an objection in writing against it is lodged with him by the secretary of the society concerned within 21 days from the date of receipt of the application by the registrar.
When the name of a practitioner has in terms of subsection (3) been placed by the registrar upon the roll of attorneys or of notaries or of conveyancers, as the case may be, he shall be entitled to practise and shall have all the rights and privileges and be subject to all the obligations which he would have had and to which he would have been subject if he had been admitted and enrolled by that court.
If a court orders the striking off the roll or suspension from practice of any practitioner, the registrar shall forthwith enter a reference to such order opposite the name of the practitioner in the registers kept by him in terms of subsection (1), and shall forward copies of such order to the registrars of the other courts, the registrars of deeds appointed in terms of section 2 of the Deeds Registries Act, 1937 (Act 47 of 1937), and the secretaries of the various societies.
If a registrar of a court receives a copy of an order forwarded to him in terms of subsection (2), he shall forthwith, if the name of the practitioner concerned appears in the registers kept by him, enter a reference to that order opposite the name of such practitioner, and such entry shall in the area of jurisdiction of such court have the effect of removing such practitioner from the roll or suspending him from practice, as the case may be.
if he, in the discretion of the court, is not a fit and proper person to continue to practise as an attorney; [Para. (d) substituted by s. 9 (c) of Act 108 of 1984.
Any such process may, if the court so orders, be so published in a form as near as may be in accordance with Form 1 (Edictal Citation) of the First Schedule to the Supreme Court Rules.
[Para. (b) added by s. 12 of Act 87 of 1989.
the name of the company consists solely of the name or names of any of the present or past members of the company or of persons who conducted, either for their own account or in partnership, any practice which may reasonably be regarded as a predecessor of the practice of the company: Provided that the words 'and associates' or 'and company' may be included in the name of the company.
Every shareholder of the company shall be a director of the company, and only a shareholder of the company shall be a director thereof.
Shares purchased in terms of subsection (5) shall be available for allotment in terms of the articles of association of the company.
Notwithstanding anything to the contrary contained in any other law, the articles of association of the company may provide that a member of the company may not appoint a person who is not a member of the company, to attend, speak or vote in his stead at any meeting of the company.
If the company ceases to conform to any requirement of subsection (1), it shall forthwith cease to practise, and shall, as from the date on which it ceases so to conform, not be recognized in law as a practitioner: Provided that the provisions of this subsection shall not, during the period referred to or contemplated in subsection (3), apply to a company by reason only that a shareholder of the company or a person having any interest in the shares of the company has ceased to be a practitioner or to be in possession of a fidelity fund certificate.
Any reference in this Act or in any other law to a practitioner or to a partner or partnership in relation to practitioners, shall be deemed to include a reference to a company under this section or to a member of such a company, as the case may be, unless the context otherwise indicates.
[Heading substituted by s. 13 of Act 87 of 1989.
The fund established by section 8 of the Attorneys' Admission Amendment and Legal Practitioners' Fidelity Fund Act, 1941 (Act 19 of 1941), shall, notwithstanding the provisions of section 86, continue to exist under the name the Attorneys Fidelity Fund.
[S. 26 substituted by s. 3 of Act 60 of 1982 and by s. 15 of Act 87 of 1989.
'The Attorneys Fidelity Fund Board of Control'. [Sub-s. (1) substituted by s. 16 of Act 87 of 1989.
28 Constitution of board of control the serving presidents of all societies; and three members of each society elected annually by the council of the society. [Para. (b) substituted by s. 18 of Act 62 of 2000.
An elected member of the board of control shall hold office until his successor has been elected and, unless another is elected in his place in any year, he shall be deemed to have been re-elected.
If the chairman and vice-chairman are both absent from any meeting of the board of control, the board shall from among its number elect a chairman for that meeting.
The board of control shall meet at such times and places as it or its chairman may determine from time to time.
The board of control may appoint one or more committees to assist it in the carrying out of its duties, the performance of its functions and the exercise of its powers, may at any time increase or reduce the membership of any such committee and may fill any vacancy on any such committee.
The board of control may designate one of the members of a committee appointed by it in terms of paragraph (a) as chairman of that committee and, if no such designation is made, the members of that committee may from among their number elect a chairman.
The board of control may assign to a committee appointed by it in terms of subsection (1), such of its powers as it may deem fit, but shall not be divested of any power which it may have assigned to a committee, and may amend or withdraw any decision of any such committee.
[S. 34A inserted by s. 18 of Act 87 of 1989.
A resolution of the board of control contained in a writing and signed by all members of the board shall be valid although no meeting was held to pass that resolution.
The board of control shall appoint an actuary to determine on or before 31 March in any year the amount which in that actuary's opinion will be required during the next ensuing year ending on 31 December, for the purposes of the fund's obligations in terms of section 45, and such actuary shall furnish the board of control, on or before the firstmentioned date, with a certificate setting out the amount so determined.
The board of control shall within 30 days after receipt thereof submit such certificate to the Minister, and the Minister shall, after receipt of the said certificate, determine the amount which in his opinion will be required during the said ensuing year for the purposes referred to in subsection (1).
[S. 38 substituted by s. 2 of Act 80 of 1985.
The board of control may in its discretion enter into a contract with any person or company carrying on fidelity insurance business in the Republic whereby the fund will be indemnified to the extent and in the manner provided in such contract against liability to pay claims under this Act.
A contract referred to in subsection (1) shall be entered into in respect of practitioners generally.
Money paid by the insurer in accordance with such contract shall be paid into the fund for appropriation by the board of control.
enter into deeds of suretyship to the satisfaction of the Master of the Supreme Court so as to provide security on behalf of a practitioner in respect of work to be done by such practitioner as executor in the estate of a deceased person, or as trustee in an insolvent estate, or as curator to the person or property in the case of a person who is unable to manage his own affairs, or in any other similar capacity, or by any other person in such capacity where a practitioner acts as agent for the person concerned; and levy premiums and fees for the provision of such insurance or security, as the case may be.
[S. 40A inserted by s. 4 of Act 102 of 1991.
[S. 40B inserted by s. 14 of Act 55 of 2002.
A practitioner shall not practise or act as a practitioner on his own account or in partnership unless he is in possession of a fidelity fund certificate.
(3)(a) Upon receipt of the application referred to in subsection (1), the secretary of the society concerned shall, if he is satisfied that the applicant has discharged all his liabilities to the society in respect of his contribution and that he has complied with any other lawful requirement of the society, forthwith issue to the applicant a fidelity fund certificate in the prescribed form.
A fidelity fund certificate shall be valid until 31 December of the year in respect of which it was issued.
Any practitioner referred to in paragraph (a) who commences to practise on or after 1 July in any year shall in respect of that year pay half of the contribution which is payable in terms of that paragraph for that year.
A practitioner who applies under section 42 for the first time for a fidelity fund certificate shall pay to the fund, in addition to any contributions payable in terms of subsection (1), such single non-refundable contribution as the board of control may determine.
[S. 43 substituted by s. 15 of Act 55 of 2002.
[S. 44 substituted by s. 16 of Act 55 of 2002.
[Para. (bA) inserted by s. 20 (a) of Act 87 of 1989.
premiums payable in respect of contracts of insurance entered into by the board of control in terms of sections 40 and 40B; [Para. (d) substituted by s. 17 (a) of Act 55 of 2002.
[Para. (g) substituted by s. 20 (b) of Act 87 of 1989.
[Para. (j) substituted by s. 3 of Act 80 of 1985.
[Para. (a) deleted by s. 20 (c) of Act 87 of 1989.
the rate of interest shall not exceed the prevailing rate of interest prescribed under section 1 (2) of the Prescribed Rate of Interest Act, 1975 (Act 55 of 1975).
pay an honorarium or compensation to any person for services rendered at the request of the board of control with the object of enhancing the professional standards of practitioners.
instructs the practitioner to invest all or some of that money in a specified investment or in an investment of the practitioner's choice. [Sub-s. (4) added by s. 1 (b) of Act 115 of 1998.
to utilise money to give effect to any term of a transaction to which that person is a party, other than a transaction which is a loan or which gives effect to a loan agreement that does not fall within the scope of paragraph (b).
[Sub-s. (5) added by s. 1 (b) of Act 115 of 1998.
Subsection (1) (g) does not apply to money which a practitioner is authorised to invest where the practitioner acts in his or her capacity as executor, trustee or curator or in any similar capacity.
[Sub-s. (6) added by s. 1 (b) of Act 115 of 1998.
[Sub-s. (7) added by s. 1 (b) of Act 115 of 1998.
For the purposes of subsection (7), the board of control shall issue directives prescribing the form and manner in which a notice referred to in that subsection shall be given and may from time to time review and, if necessary, revise such directives.
[Sub-s. (8) added by s. 1 (b) of Act 115 of 1998.
on conviction be liable to a fine or to imprisonment for a period not exceeding two years. [Sub-s. (10) added by s. 1 (b) of Act 115 of 1998.
repayment is subject to the lender making a demand or is subject to the occurrence of an impossible or uncertain event; or the repayment date is not fixed.
[S. 47A inserted by s. 2 of Act 115 of 1998.
If the board of control is satisfied that, having regard to all the circumstances, a claim or the proof required by the board has been lodged or furnished as soon as practicable, it may in its discretion extend any of the periods referred to in subsection (1).
On payment out of the fund of money in settlement in whole or in part of any claim under this Act, the fund shall be subrogated to the extent of such payment to all the rights and legal remedies of the claimant against any practitioner or any person in relation to whom the claim arose, or in the event of his death or insolvency or other legal disability, against any person having authority to administer his estate.
If the fund at any time has insufficient assets to settle all claims and judgments, such claims and judgments shall, to the extent to which they are not settled, be charged against future revenue of the fund.
The person who holds office as State Attorney in terms of section 2 (1) (a) of the State Attorney Act, 1957 (Act 56 of 1957), shall be a member of every society.
If a member of any society is suspended from practice he shall during the period of such suspension not be entitled to the rights or privileges of membership of any society, and if a member of any society is struck off the roll of any court, such member shall cease to be a member of every society of which he is a member.
The provisions of this section shall not apply in respect of any person who is in terms of the Natal Conveyancers Act, 1926 (Act 24 of 1926), entitled to practise as a conveyancer, but who is not an attorney.
A council shall consist of such number of members of the society concerned as may be prescribed.
The members of a council shall be elected in the prescribed manner by the members of the society concerned.
A member of a council shall hold office for the prescribed period.
When a member of a council vacates his office before the expiration of the prescribed period of office, the council may appoint a member of the society to fill the vacancy for the unexpired portion of such period of office.
A council may in the prescribed circumstances and manner suspend from office any member of that council and may in such case appoint any member of its society to act during the period of suspension in the place of the member so suspended.
A council shall from among its members elect a president and one or more vicepresidents, who shall respectively also be the president and vice-presidents of the society concerned and who shall hold office for the prescribed periods.
If for any reason the president is absent or unable to perform his functions as president, the vice-president or, if there is more than one vice-president, such vicepresident as the council may determine, shall act as president, and such vice-president shall while so acting have all the powers and perform all the functions of the president.
A meeting of a council shall be convened in the manner prescribed and shall be held at a time and place prescribed or determined in the manner prescribed.
If the president and the vice-president or, if there is more than one vicepresident, all vice-presidents, are absent from or unable to preside at any meeting of a council, the members of the council present at that meeting shall elect one of their number to preside at such meeting during such absence or inability, and the person so elected shall while so presiding have all the powers and perform all the functions of the president.
The decision of the majority of the members of a council present at a meeting of the council shall be the decision of the council: Provided that in the event of an equality of votes on any matter before such meeting, the person presiding at such meeting shall have a casting vote in addition to his deliberate vote.
The method and procedure of voting at meetings of a council shall be determined by that council.
A council may appoint any member of its society as an alternate to attend on behalf of any member any meeting of the council which such member is unable to attend, with the power to vote at any such meeting.
No decision taken by a council or act performed under authority of a council shall be invalid by reason only of the existence of a vacancy on that council or of the fact that a person who was not entitled to sit as a member of the council, sat as a member of the council, if the decision was taken or the act was authorized by the requisite majority of the members of the council who were present at the time and entitled to sit as members.
A council may appoint one or more committees to assist it in the carrying out of its duties, the performance of its functions and the exercise of its powers, may at any time increase or reduce the membership of any such committee and may fill any vacancy on any such committee.
Any committee referred to in paragraph (a) shall consist of members of the council concerned or of members of the society concerned or of members of such council as well as of members of such society.
A council may designate one of the members of a committee appointed by it in terms of paragraph (a) as chairman of that committee and, if no such designation is made, the members of that committee may from among their number elect a chairman.
A council may assign to a committee appointed by it in terms of subsection (1), such of its powers as it may deem fit, but shall not be divested of any power which it may have assigned to a committee, and may amend or withdraw any decision of any such committee: Provided that if a council has assigned to a committee the power to enquire into any case of alleged unprofessional or dishonourable or unworthy conduct and to impose any punishment in respect thereof in accordance with section 72, the council shall not amend or withdraw any decision arrived at or anything done by such committee in terms of the power so assigned.
A council may require any committee appointed in terms of subsection (1) either generally or specially to enquire into and to advise the council on any matter in connection with the duties, functions or powers of the society or the council.
[Para. (f) substituted by s. 23 (a) of Act 87 of 1989.
do anything which is required for the proper and effective carrying out of its duties, the performance of its functions or the exercise of its powers. [Para. (p), previously para. (o), renumbered by s. 5 (b) of Act 102 of 1991.
A council may for the purposes of an enquiry under section 71 or in order to enable it to decide whether or not such an enquiry should be held, direct any practitioner to produce for inspection, either by the council itself or by any person authorized thereto by the council, any book, document, record or thing which is in the possession or custody or under the control of such practitioner and which relates to his practice or former practice.
A council may in the prescribed manner inquire into cases of alleged unprofessional or dishonourable or unworthy conduct on the part of any attorney, notary or conveyancer whose name has been placed on the roll of any court within the province of its society, whether or not he is a member of such society, or of any person serving articles of clerkship or a contract of service with a member of its society, or of any former candidate attorney referred to in section 8 (4).
A summons referred to in paragraph (a) shall be served in the same manner as a summons for the attendance of a witness at a civil trial in a magistrate's court.
In connection with the interrogation of any person who has been summoned under this section or the production by such person of any book, document, record or thing, the law relating to privilege as applicable to a witness summoned to give evidence or to produce a book, document, record or thing in a civil trial before a court of law shall apply.
A council conducting an enquiry in terms of this section may, if the conduct enquired into forms or is likely to form the subject of criminal or civil proceedings in a court of law, postpone the enquiry until such proceedings have been determined.
impose upon him or her a fine not exceeding R20 000; or by s. 17 of Act 115 of 1993 and by s. 13 of Act 204 of 1993 and substituted by s. 19 of Act 66 of 2008.
A person who has been found guilty in terms of section 72 may within a period of thirty days of the date of the council's decision appeal to a competent court against that finding by lodging with the registrar of that court a notice of appeal setting out in full his grounds of appeal.
An appeal in terms of subsection (1) shall be prosecuted as if it were an appeal from a judgment of a magistrate's court in a civil matter, and all rules applicable to such last-mentioned appeal in respect of the hearing thereof shall mutatis mutandis apply to an appeal under this section.
confirm that finding, but set that punishment aside, and impose in its place such punishment as could have been imposed by the council concerned.
[Para. (dA) inserted by s. 9 of Act 55 of 2003.
any matter not provided for in this section which by this Chapter is required or permitted to be prescribed; and generally, all matters which the council considers it necessary or expedient to prescribe in order that the purposes of this Chapter may be achieved.
Any rule referred to in subsection (1) shall be made with the approval of the Chief Justice of South Africa and, if the Chief Justice is of the opinion that the interests of the public would be adversely affected by the provisions of any such rule, with the approval of the State President.
the council has consulted with the judge president of every provincial division in the province of its society and with the chief justice of every high court in such province.
No action for damages shall lie against any society, council, member of a council, official or employee of any society or any person with whom a council has concluded any agreement referred to in section 59 (g) (ii), in respect of anything done in good faith in terms of this Act.
Any society may, by any person authorized thereto in writing by his president, institute a prosecution for any offence in terms of this Act or of any regulation made thereunder, and the provisions of the laws relating to private prosecutions shall apply to such prosecution as if a society is a public body.
Any person who exercises in Transkei or Ciskei a legal profession equivalent to that of a practitioner, shall be a member of the society known as the Law Society of the Cape of Good Hope, if such person is in terms of a law of Transkei or Ciskei, as the case may be, permitted to be a member of that society.
[S. 77 substituted by s. 2 of Act 116 of 1981.
as relieving any practitioner who has invested any money referred to in subsection (1) in a trust savings or other interest-bearing account referred to in subsection (2) or (2A), of any liability in respect thereof.
Any banking institution or building society at which a practitioner keeps his trust account or any separate account forming part of his trust account, shall, if so directed by the council of the society of the province in which such practitioner is practising, furnish the council with a signed certificate which indicates the balance of such account at the date or dates stated by the council.
This section shall not apply to the State Attorney or a member of his professional staff.
[S. 78 amended by s. of Act 103 of 1983 and by s. 6 of Act 80 of 1985 and substituted by s. 28 of Act 87 of 1989.
[Para. (bA) inserted by s. 10 (b) of Act 108 of 1984.
the completion of legal practice management courses as contemplated in section 13B. [Para. (i) added by s. 10 of Act 55 of 2003.
[Para. (b) substituted by s. 7 (a) of Act 80 of 1985.
[Para. (bA) inserted by s. 7 (b) of Act 80 of 1985.
Any regulations made under subsection (1) (h) may provide for penalties by way of a fine not exceeding R1 000 or imprisonment for a period not exceeding three months for any contravention thereof or failure to comply therewith.
Regulations made by the Minister under subsection (2) shall be published in the Gazette and shall thereupon have the same force and effect as if they were enacted in this Act.
[Para. (d) substituted by s. 13 of Act 104 of 1996.
any other matter considered necessary for giving effect to the provisions of this Act, excluding Chapters II and III.
Notwithstanding anything to the contrary in any law contained, no person other than an advocate or an attorney or an agent referred to in section 22 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), shall appear for or on behalf of any other person in any proceedings or categories of proceedings which are held under the provisions of any law and which have been designated by the Minister by notice in the Gazette after consultation with the presidents of the various societies.
[Sub-s. (5) substituted by s. 30 (b) of Act 87 of 1989.
[Para. (a) amended by s. 30 (d) of Act 87 of 1989.
Any person who directly or indirectly purports to act as a practitioner or to practise on his own account or in partnership without being in possession of a fidelity fund certificate, shall be guilty of an offence and on conviction liable to a fine not exceeding R2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Para. (f) amended by s. 1 of Act 49 of 1996.
[Para. (g) amended by s. 1 of Act 49 of 1996.
NB: In terms of s.
Commuter Corporation Limited.
Subsection (8) shall not in any way affect the provisions of the Natal Conveyancers Act, 1926 (Act 24 of 1926).
Any person who at an enquiry referred to in section 71 gives false evidence after having been sworn or after having made an affirmation, shall be guilty of an offence and on conviction liable to the penalties prescribed by the law in respect of perjury.
[S. 84 substituted by s. 3 of Act 116 of 1981.
be, by section 22 (1) (d) or (e), (2), 67 (2), 69 (a), (e) or (m), 70, 71, 72, 73, 74 (1) (a), (e) and (f), 78, 81 (1) (e) and (f), (2) (a), (d), (e), (i) or (j), (5) or 83 (9), (13) or (15).
[S. 85 repealed by s. 1 of Act 49 of 1996.
Subject to the provisions of subsections (2) and (3), the laws set out in the Schedule are hereby repealed to the extent set out in the third column thereof.
Any person referred to in subsection (5) of the said section 34 shall receive from his employer the salary referred to in that subsection from the date or from the expiry of the period referred to in that subsection.
(d)(i) Any articled clerk referred to in subsection (6) of the said section 34, shall be entitled to appear as provided in that subsection, and the principal of any such clerk shall be entitled to charge fees in respect of such appearance as if he had appeared himself.
The provisions of section 8 (3) of this Act shall mutatis mutandis apply in respect of an articled clerk referred to in subparagraph (i).
The Natal Provincial Division of the Supreme Court may remove the name of any person referred to in subsection (1) of section 35 of the Attorneys, Notaries and Conveyancers Admission Act, 1934, from the roll of attorneys, notaries and conveyancers upon an application of which notice was given as mentioned in that section, and thereupon the provisions referred to in that subsection shall apply in respect of such person.
The expression 'Lower Courts Act' has been substituted for the expression 'Magistrates' Courts Act', wherever it occurs.
Amends section 13 (1) of the Attorneys Act 53 of 1979 by substituting the words preceding paragraph (a) and paragraph (a).
Amends section 22 of the Attorneys Act 53 of 1979 by adding subsection (2), the existing section becoming subsection (1).
Amends section 81 (1) of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes paragraph (a); paragraph (b) substitutes paragraph (b); and paragraph (c) adds paragraph (j).
This Act shall be called the Attorneys Amendment Act, 1981, and shall come into operation on the date of commencement of the Status of Ciskei Act, 1981.
Amends section 13 (1) of the Attorneys Act 53 of 1979 by substituting paragraph (a).
Amends section 17 of the Attorneys Act 53 of 1979, as follows: paragraph (a) deletes the word 'and' at the end of paragraph (b); and paragraph (b) inserts paragraph (bA).
[Date of commencement of s. 3: 30 April 1982.
Amends section 81 (1) of the Attorneys Act 53 of 1979 by substituting paragraph (a).
Amends section 13 (1) of the Attorneys Act 53 of 1979 by substituting paragraph (b).
Amends section 78 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes subsection (3); and paragraph (b) substitutes subsection (4).
Amends section 3 (1) of the Attorneys Act 53 of 1979 by substituting paragraph (h).
Amends section 11 (3) of the Attorneys Act 53 of 1979 by substituting the words preceding paragraph (a).
Amends section 13 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes subsection (1) (b); and paragraph (b) substitutes subsection (3).
Amends section 80 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes the words preceding paragraph (a); and paragraph (b) inserts paragraph (bA).
This Act shall be called the Attorneys Amendment Act, 1984.
ACT To amend the Attorneys Act, 1979, so as to replace an obsolete expression; to further regulate the investment of money in and payments from the Attorneys, Notaries and Conveyancers Fidelity Guarantee Fund; to make further provision with regard to the payment of grants and honoraria from the said fund; and to increase the maximum fines which may be imposed by the council of a law society; and to provide for matters connected therewith.
Amends section 45 (1) of the Attorneys Act 53 of 1979 by substituting paragraph (j). [Date of commencement of s. 3: 1 June 1979.
[Date of commencement of s. 4: 1 March 1986.
Amends section 72 (1) of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes paragraph (a) (i); and paragraph (b) substitutes paragraph (b) (ii).
Amends section 78 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes subsection (4); paragraph (b) substitutes subsection (5); and paragraph (c) substitutes in subsection (6) the words preceding paragraph (a).
Section 3 shall be deemed to have come into operation on 1 June 1979.
ACT To amend the Attorneys Act, 1979, so as to replace the designation 'articled clerk' with 'candidate attorney'; to redefine 'building society'; to define 'trust account'; to make other provision relating to the engagement and service of candidate attorneys; to further regulate the admission and readmission of attorneys and the removal of attorneys from the roll; to change the name of the Attorneys, Notaries and Conveyancers Fidelity Guarantee Fund; to make further provision relating to the convening of meetings of the board of control of the said fund; to authorize the said board of control to appoint committees; to further regulate payments from the said fund; to extend the powers of the councils of law societies; to further regulate the keeping of a trust account by a practising practitioner; to increase various maximum fines; and to rectify certain incorrect or obsolete references; to amend the Magistrates' Courts Act, 1944, so as to make other provision in relation to the appearance of candidate attorneys in magistrates' courts; and to provide for matters connected therewith.
Amends section 5 of the Attorneys Act 53 of 1979 by substituting subsection (2).
Substitute respectively sections 6, 7, 8 and 9 of the Attorneys Act 53 of 1979.
Amends section 11 of the Attorneys Act 53 of 1979 by substituting subsection (1).
Substitute respectively sections 25 and 26 of the Attorneys Act 53 of 1979.
Substitutes section 37 of the Attorneys Act 53 of 1979.
Amends section 55 of the Attorneys Act 53 of 1979 by substituting paragraph (a).
Amends section 72 of the Attorneys Act 53 of 1979 by substituting subsection (1).
Amends section 74 (1) of the Attorneys Act 53 of 1979 by substituting paragraph (a).
Amends section 83 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes subsection (4); paragraph (b) substitutes subsection (5); paragraph (c) substitutes subsection (7); paragraph (d) substitutes in subsection (8) (a) the words following subparagraph (v); paragraph (e) substitutes subsection (9); paragraph (f) substitutes subsection (10); and paragraph (g) substitutes in subsection (15) (a) the words following subparagraph (iv).
Amends the 'ARRANGEMENT OF SECTIONS' of the Attorneys Act 53 of 1979 by substituting the words 'Fidelity Fund' for the words 'Fidelity Guarantee Fund'.
This Act shall be called the Attorneys Amendment Act, 1989, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
ACT To amend the Attorneys Act, 1979, so as to regulate the registration of articles entered into by advocates; and to provide for incidental matters.
regulate the powers of the council of a law society; and to provide for matters connected therewith.
Amends section 3 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes subsection (1) (e); paragraph (b) inserts subsection (1) (f); paragraph (c) substitutes subsection (1) (i) (i); and paragraph (d) substitutes subsection (3) (a) and (b).
Amends section 6 (1) of the Attorneys Act 53 of 1979 by deleting the word 'or' at the end of paragraph (a), by adding the word 'or' at the end of paragraph (b), and by adding paragraph (c).
This Act shall be called the Attorneys Amendment Act, 1991, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Amends section 1 of the Attorneys Act 53 of 1979, as follows: paragraph (a) inserts the definition of 'appropriate legal experience'; paragraph (b) inserts the definition of 'community service'; paragraph (c) substitutes the definition of 'candidate attorney'; paragraph (d) inserts the definition of 'contract of service'; paragraph (e) substitutes the definition of 'principal'; and paragraph (f) deletes the definitions of 'province', 'Republic' and 'Territory'.
Substitutes section 5 of the Attorneys Act 53 of 1979.
Amends section 8 of the Attorneys Act 53 of 1979, as follows: paragraph (a) substitutes subsection (1) (ii); and paragraph (b) substitutes subsection (4) (a).
Amends section 14 of the Attorneys Act 53 of 1979 by substituting subsection (3).
Amends section 56 of the Attorneys Act 53 of 1979 by deleting paragraph (e).
Amends section 71 of the Attorneys Act 53 of 1979 by substituting subsection (1).
Amends section 72 (1) (b) of the Attorneys Act 53 of 1979 by substituting subparagraph (i).
Amends section 81 (1) of the Attorneys Act 53 of 1979 by inserting paragraph (b).
ACT To amend the Attorneys Act, 1979, so as to limit liability of the Attorneys Fidelity Fund; to insert transitional provisions relating to liability of the Attorneys Fidelity Fund for investments; to extend the jurisdiction of the Attorneys Fidelity Fund to practitioners in the areas of the former Republics of Bophuthatswana and Venda; to further regulate the filling of a vacancy on the council of a society; and to empower the Law Society of the Transvaal to exercise certain powers in respect of practitioners practising in the areas of the former Republics of Bophuthatswana and Venda; to amend certain laws; to make fresh provision with regard to the Rules of the High Court in the areas of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei; and to provide for matters connected therewith.
Amends section 62 (2) of the Attorneys Act 53 of 1979 by adding paragraph (b), the existing subsection becoming paragraph (a).
Notwithstanding section 55 of the principal Act, as amended by section 3 of this Act, the Attorneys Fidelity Fund does not incur any liability, in respect of any practising practitioner referred to in section 55 (a) (ii) of the principal Act, for any theft committed prior to the day upon which he or she becomes the holder of a valid fidelity fund certificate as contemplated in subsection (1) and issued in terms of section 42 (3) of the principal Act.
Notwithstanding any other law, section 83 (10) of the principal Act applies to any practising practitioner who fails to comply with subsection (1) after 60 days have elapsed from the date on which this Act takes effect.
The laws mentioned in the second column of the Schedule are amended to the extent indicated in the third column thereof.
This is the Attorneys and Matters relating to Rules of Court Amendment Act, 1998, which takes effect on a date fixed by the President by proclamation in the Gazette.
Subject to the provisions of subsection (2) the Judge President may make rules regulating the conduct of proceedings in the High Court and prescribing any matter whatsoever which is necessary to prescribe in order to ensure the proper despatch and conduct of the business of the court.
Any rules made by the Judge President under subsection (1) shall be made known by notice in the Gazette.
By the deletion of Chapter II.
Subject to the provisions of subsection (2) the Judge President may make rules regulating the conduct of proceedings of the divisions of the High Court of Ciskei and prescribing any matter whatsoever which is necessary to prescribe in order to ensure the proper despatch and conduct of business of such courts.
Any rules of court made under any law repealed by section 39 and in force immediately prior to the commencement of this Decree shall, notwithstanding such repeal, remain of full force and effect until amended, substituted or withdrawn in terms of this section or any other law.'.
President Zuma delivered his address at the Jacob Zuma Foundation Fundraising Gala Dinner held at Westcliff Hotel, Johannesburg.
"We make the road by walking" is a line from a poem by a Spanish poet, Antonio Machado. This line was also used as the title for a book on education and social change by Paulo Freire and Myles Horton.
It paints a powerful image that embodies how change takes place. Meaningful change is a slow and step by step process. Those embarking on the journey of change do not have to have all the answers upfront. They need only have a conviction that a better world is possible and take each step with the understanding that it is leading them towards such a world.
Those making a path do not have to have a vision of a six lane highway some day. They only need to be convinced of the need to go forward, and as they do many follow in their footsteps, thus making a path which some day becomes a road, and later a highway.
In many ways this line "we make the road by walking" captures our experience. We have travelled a path not trodden before for there was no blueprint for how a country with a history such as ours goes about remaking itself. Indeed, we have made the road by walking.
It is instructive to note that walkers are very flexible. When an obstacle is placed on their way or fence is erected, they walk around it and continue walking. They neither sit down and moan nor go back for they know they have not yet reached the end of their journey.
Yes, there have been obstacles, but we have soldiered on. At times the challenges have sought to dampen our spirits and cause us to despair but the knowledge of the distance already covered has inspired us to continue. The knowledge that each step we take brings us closer to our goal has spurred us on.
I would probably be the first to admit that as a government collective - across the three spheres (and I happen to be of the view that spatial planning works better with "tiers" than "spheres") we have, as walkers, tended to side-step the obstacle. We have been aware of the ravages of apartheid spatial planning forever - this was my bread-and-butter as a fulltime civic activist from 1981. Apartheid space, as defined by the Group Areas Act, the Bantustans and forced removals was the fuel to mass-based struggles. Finding solutions was the catalyst to the formation of planning NGO's from the late 1980's. We even tested the commitment of World Bank staffers to collaborate with us in an information exchange by studies on land use, space and the functioning of cities in 1992. We cannot pretend to have been ignorant of the obstacle. We do, however, need to explain - at least to ourselves - why we circumvented the obstacle.
How far have we come?
It is hardly necessary for me to recount what we have achieved collectively as people of this country. We have built houses to provide shelter for millions of our fellow citizens; connected millions of households to the electricity grid; and ensured that million more have access to safe drinking water. And, sanitation has improved for many. The cynics would argue that we allowed developers to maximise their returns by building in the wrong places - but the building happened!
Today is another important milestone. We want a fork in the road and to force a choice about space. In what has been a long journey since 1994, we knew then as we do now that undertaking a massive reconstruction project such as ours requires proper planning.
BUT the planning rules we found were intended to achieve the very outcomes we now want to reverse. The Constitution has not been kind to the planning function either - Schedules 4 A & B, and 5 A & B - are the nightmare of spatial planners.
In 1995 we enacted the Development Facilitation Act as an interim mechanism to facilitate the development of low-cost housing. This was a ground-breaking piece of legislation which introduced principle-based planning into our system.
The DFA was a major departure from the dated control based planning regime embodied in the Provincial Planning Ordinances of the by-gone era.
In 1997 the Government of National Unity adopted the Urban Development Strategy, the Rural Development Framework. In 1998, the White Paper on Local Government which set in place some of the foundations of our post-apartheid planning system became policy.
Investigations into ways of improving spatial planning resulted in the 2001 White Paper on Spatial Planning and Land Use and the National Spatial Development Perspective.
A number of policy and legislative initiatives remain incomplete. The Land Use Management Bill remains incomplete as is the National Urban Development Framework, the draft of which was submitted to Cabinet by the Department of Cooperative Governance last year.
Cabinet could not finalise the National Urban Development Framework due to the reconfiguration of government and creation of new departments and institutions that was underway at the time.
The very creation of new departments, and agencies such as the National Planning Commission; the reassignment of mandates of some; and renaming of others is yet again evidence of the very fact that we have continued walking and working.
What is the mandate of the National Planning Commission?
The journeying metaphor is also invoked in the mandate of the NPC. The NPC is given a mandate by the President to develop a vision (or describe a desired destination) for the country and a plan of how to get there.
We are also to "lead investigations into critical long term trends" policy and practices in the present that have the potential to the make it difficult to reach our long-term vision. One such area is spatial planning.
Spatial planning is central to the realisation of many objectives we would like to achieve as a nation. If we are to craft a meaningful vision we need to make sure that we have a shared spatial planning perspective and system that supports the direction in which we wish to go.
Humanity is facing one of the most daunting challenges it has ever had to face - climate change. To avert the man-made catastrophe, we have to change our consumption patterns, the way we live, our means of transport, how we prepare our meals, the energy-intensity of our economy, and the amount of water we use.
All of this will require of us to plan differently. We need to rethink the compactness and density of our cities. For the sake of grandchildren, we need to preserve our finite resources; we have to set ourselves some spatial norms to guide us.
These changes are not going to happen by themselves - they need to be planned for in advance. The National Planning Commission is gathering the necessary evidence successfully to undertake this mandate.
If planning is to be meaningful, it needs to be rooted in reality. So let us remind ourselves about the challenges we face.
We are a country of vast inequalities in incomes, quality of services, levels of education and skills and employment opportunities.
The life-chances of many people are determined by factors over which they have no control, such as where they are born.
Being born in a former Bantustan, to a labour tenant on a farm, in one of the informal settlements dotted around our cities, or in one of the "new towns" created by the low-cost houses can determine what becomes of a person many years later.
It is in these areas that people with lowest income levels are found; where access to basic services remains a challenge; where the quality of education and heath services is weakest; where employment opportunities are severely limited.
Everyday, every week and every month, South Africans are on the move. They move between places of residence and areas of work.
Driving through rural villages it is not uncommon to see scores of children in their uniforms along the road walking long distances to school. Those who are lucky to have working parents, are only likely to see them once a week or month because they work far away from home.
We have a spatial distribution that is better suited for middle income families who have private vehicles, yet we have a large number of people who depend on public transport. This imposes a heavy burden on the poor as well as on the government; while the long commuting hours impacts on individual productivity.
There is this often told anecdote that government spends approximately R15 000 per month per person in transport subsidies for people in the former KwaNdebele area to bring them to Pretoria to earn R2000 per month as domestic workers. This cannot be the most efficient use of limited public resources.
Addressing spatial inefficiencies is not only a redress imperative, it is important for the economy as well. To be productive, firms need all production inputs of the highest quality and consumer markets within reasonable distances to reduce costs.
Why has this situation persisted?
A combination of factors has conspired to make it difficult to for us to address the challenges we are so acutely aware of.
They include some of the ambiguity in the Constitution regarding the assignment of responsibility for planning. For example, regional planning and development are listed in schedule 4 as functional areas of concurrent national and provincial legislative competence; as is urban and rural development. Provincial planning is set out as a functional area of exclusive provincial competence.
These concepts are not defined anywhere in our laws, and this has led to multiple interpretations that have resulted in paralysis. It has taken the Constitutional Court to rule on what constitutes municipal planning.
This and the failure to conclude the Land Use Management Bill has frustrated development. The existence of parallel legislation which duplicates planning approval processes, causing unnecessary delay has contributed to the frustration.
Coordination of investment has been the major casualty of this lack of clarity of roles and responsibility.
Increasingly, it is becoming clear that the absence of a spatial vision for the country has led to pulling in different directions among departments tasked with spatial planning. We draw different policy conclusions from the same set of data because there is no agreed vision that guides us in the interpretation of the data.
If we are to give meaning to this universal truth that "human life has equal worth" we have got to act differently. This requires of us to subject our actions to one test. Do they contribute towards improving the life for all our people Do they support employment creating economic growth and development so that our youth can find employment and in the end agree that indeed human life has equal worth?
The test of our actions should not be what the policies we make do for careers of individuals or how much power they give to which departments. It should be about affirming the equal worth of each human life.
Can we put aside everything else and agree on a direction that is good for this country Are we capable of agreeing on a vision for this country that gives everyone a fair chance to improve their lives?
To return to the journeying metaphor, do we have the flexibility of a walker to change or go around when there is an obstacle ahead of us Or will we keep fight among ourselves and blame each other for an obstacle none of us are responsible for Needless to say, if we choose the latter, we will go nowhere?
Today's seminar is convened by the National Planning Commission. In addition, we have met as Ministers responsible for Human Settlements; Rural Development and Land Reform, Cooperative Governance and Traditional Affairs and National Planning Commission and have agreed that we need to provide leadership.
I subsequently met with Minister Sonjica, who also agrees with us. Given the cross-cutting nature of spatial planning, we will in the fullness of time draw in other departments, especially those involved in infrastructure and economic development.
Allow me to pause here and thank my colleagues, Minister Sexwale, Minister Nkwinti, Minister Shiceka and Minister Sonjica for sharing the view of the Commission that urgent attention needs to focus on spatial planning. Although this is only a start of the process on the part of the Commission, it is important to emphasise that it is a collaborative effort from our respective Ministries.
We believe it is important to put in place a set of spatial norms that will guide the work of the various departments, agencies and spheres as well as serve as a coordinating framework.
By end of today we hope to reach some agreement on the basic elements of a way forward, including a high-level vision for spatial planning, a set of spatial norms and principles, key instruments to drive spatial planning and who will lead on the various aspects of developing this work going forward.
<fn>GOV-ZA.1979070En.2012-02-10.en.txt</fn>
To amend the law relating to divorce and to provide for incidental matters.
[NB: A definition of 'Family Advocate' has been inserted and the definition of 'court' has been substituted by s. 74 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX . The definition of 'court' has subsequently been substituted by s. 10 (2) of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
[Definition of 'court' substituted by s. 4 of Act 65 of 1997.
[Definition of 'pension fund' added by s. 1 of Act 7 of 1989.
[Definition of 'pension interest' added by s. 1 of Act 7 of 1989.
'rules' , in relation to a pension fund, means rules as defined in section 1 (1) of the Pension Funds Act, 1956. [Definition of 'rules' added by s. 1 of Act 7 of 1989.
For the purposes of this Act a divorce action shall be deemed to be instituted on the date on which the summons is issued or the notice of motion is filed or the notice is delivered in terms of the rules of court, as the case may be.
ordinarily resident in the area of jurisdiction of the court on the said date and have or has been ordinarily resident in the Republic for a period of not less than one year immediately prior to that date.
[Sub-s. (1) substituted by s. 6 (a) of Act 3 of 1992.
A court which has jurisdiction in terms of subsection (1) shall also have jurisdiction in respect of a claim in reconvention or a counter-application in the divorce action concerned.
[Sub-s. (2) amended by s. 6 (b) of Act 3 of 1992.
A court which has jurisdiction in terms of this section in a case where the parties are or either of the parties is not domiciled in the Republic shall determine any issue in accordance with the law which would have been applicable had the parties been domiciled in the area of jurisdiction of the court concerned on the date on which the divorce action was instituted.
[Sub-s. (3) substituted by s. 6 (c) of Act 3 of 1992.
The provisions of this Act shall not derogate from the jurisdiction which a court has in terms of any other law or the common law.
the mental illness or the continuous unconsciousness, as contemplated in section 5, of a party to the marriage.
A court may grant a decree of divorce on the ground of the irretrievable breakdown of a marriage if it is satisfied that the marriage relationship between the parties to the marriage has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marriage relationship between them.
that the defendant has in terms of a sentence of a court been declared an habitual criminal and is undergoing imprisonment as a result of such sentence, as proof of the irretrievable break-down of a marriage.
If it appears to the court that there is a reasonable possibility that the parties may become reconciled through marriage counsel, treatment or reflection, the court may postpone the proceedings in order that the parties may attempt a reconciliation.
Where a divorce action which is not defended is postponed in terms of subsection (3), the court may direct that the action be tried de novo , on the date of resumption thereof, by any other judge of the court concerned.
[Para. (ii) amended by s. 4 of Act 18 of 1996.
[Sub-para. (iii) amended by s. 4 of Act 18 of 1996.
after having heard the evidence of at least two psychiatrists, of whom one shall have been appointed by the court, that the defendant is mentally ill and that there is no reasonable prospect that he will be cured of his mental illness.
after having heard the evidence of at least two medical practitioners, of whom one shall be a neurologist or a neurosurgeon appointed by the court, that there is no reasonable prospect that the defendant will regain consciousness.
The court may appoint a legal practitioner to represent the defendant at proceedings under this section and order the plaintiff to pay the costs of such representation.
The court may make any order it may deem fit with regard to the furnishing of security by the plaintiff in respect of any patrimonial benefits to which the defendant may be entitled by reason of the dissolution of the marriage.
For the purposes of this section the expressions 'institution', 'mental illness', 'patient', 'State patient' and 'reception order' shall bear the meaning assigned to them in the Mental Health Act, 1973.
[S. 5 amended by s. 4 of Act 18 of 1996.
If it appears to a court in divorce proceedings that despite the granting of a decree of divorce by the court the spouses or either one of them will, by reason of the prescripts of their religion or the religion of either one of them, not be free to remarry unless the marriage is also dissolved in accordance with such prescripts or unless a barrier to the remarriage of the spouse concerned is removed, the court may refuse to grant a decree of divorce unless the court is satisfied that the spouse within whose power it is to have the marriage so dissolved or the said barrier so removed, has taken all the necessary steps to have the marriage so dissolved or the barrier to the remarriage of the other spouse removed or the court may make any other order that it finds just.
[S. 5A inserted by s. 1 of Act 95 of 1996.
if an enquiry is instituted by the Family Advocate in terms of section 4 (1) (a) or (2) (a) of the Mediation in Certain Divorce Matters Act, 1987, has considered the report and recommendations referred to in the said section 4 (1).
[Sub-s. (1) substituted by s. 6 of Act 24 of 1987.
For the purposes of subsection (1) the court may cause any investigation which it may deem necessary, to be carried out and may order any person to appear before it and may order the parties or any one of them to pay the costs of the investigation and appearance.
A court granting a decree of divorce may, in regard to the maintenance of a dependent child of the marriage or the custody or guardianship of, or access to, a minor child of the marriage, make any order which it may deem fit, and may in particular, if in its opinion it would be in the interests of such minor child to do so, grant to either parent the sole guardianship (which shall include the power to consent to the marriage of the child) or the sole custody of the minor, and the court may order that, on the predecease of the parent to whom the sole guardianship of the minor is granted, a person other than the surviving parent shall be the guardian of the minor, either jointly with or to the exclusion of the surviving parent.
For the purposes of this section the court may appoint a legal practitioner to represent a child at the proceedings and may order the parties or any one of them to pay the costs of the representation.
A court granting a decree of divorce may in accordance with a written agreement between the parties make an order with regard to the division of the assets of the parties or the payment of maintenance by the one party to the other.
In the absence of an order made in terms of subsection (1) with regard to the payment of maintenance by the one party to the other, the court may, having regard to the existing or prospective means of each of the parties, their respective earning capacities, financial needs and obligations, the age of each of the parties, the duration of the marriage, the standard of living of the parties prior to the divorce, their conduct in so far as it may be relevant to the break-down of the marriage, an order in terms of subsection (3) and any other factor which in the opinion of the court should be taken into account, make an order which the court finds just in respect of the payment of maintenance by the one party to the other for any period until the death or remarriage of the party in whose favour the order is given, whichever event may first occur.
[Sub-s. (2) substituted by s. 36 (a) of Act 88 of 1984.
entered into before the commencement of the Marriage and Matrimonial Property Law Amendment Act, 1988, in terms of section 22 (6) of the Black Administration Act, 1927 (Act 38 of 1927), as it existed immediately prior to its repeal by the said Marriage and Matrimonial Property Law Amendment Act, 1988, may, subject to the provisions of subsections (4), (5) and (6), on application by one of the parties to that marriage, in the absence of any agreement between them regarding the division of their assets, order that such assets, or such part of the assets, of the other party as the court may deem just be transferred to the first-mentioned party.
[Sub-s. (3) added by s. 36 (b) of Act 88 of 1984 and substituted by s. 2 (a) of Act 3 of 1988.
An order under subsection (3) shall not be granted unless the court is satisfied that it is equitable and just by reason of the fact that the party in whose favour the order is granted, contributed directly or indirectly to the maintenance or increase of the estate of the other party during the subsistence of the marriage, either by the rendering of services, or the saving of expenses which would have otherwise have been incurred, or in any other manner.
[Sub-s. (4) added by s. 36 (b) of Act 88 of 1984.
any other factor which should in the opinion of the court be taken into account.
[Sub-s. (5) added by s. 36 (b) of Act 88 of 1984 and substituted by s. 2 (b) of Act 3 of 1988.
A court granting an order under subsection (3) may, on application by the party against whom the order is granted, order that satisfaction of the order be deferred on such conditions, including conditions relating to the furnishing of security, the payment of interest, the payment of instalments, and the delivery or transfer of specified assets, as the court may deem just.
[Sub-s. (6) added by s. 36 (b) of Act 88 of 1984.
In the determination of the patrimonial benefits to which the parties to any divorce action may be entitled, the pension interest of a party shall, subject to paragraphs (b) and (c) , be deemed to be part of his assets.
Paragraph (a) shall not apply to a divorce action in respect of a marriage out of community of property entered into on or after 1 November 1984 in terms of an antenuptial contract by which community of property, community of profit and loss and the accrual system are excluded.
[Sub-s. (7) added by s. 2 of Act 7 of 1989.
for the purposes of an agreement contemplated in subsection (1), was accounted in favour of another party.
[Sub-para. (ii) substituted by s. 11 of Act 55 of 2003.
any law which applies in relation to the reduction, assignment, transfer, cession, pledge, hypothecation or attachment of the pension benefits, or any right in respect thereof, in that fund, shall apply mutatis mutandis with regard to the right of that other party in respect of that part of the pension interest concerned.
[Sub-s. (8) added by s. 2 of Act 7 of 1989.
When a court grants a decree of divorce in respect of a marriage the patrimonial consequences of which are according to the rules of the South African private international law governed by the law of a foreign state, the court shall have the same power as a competent court of the foreign state concerned would have had at that time to order that assets be transferred from one spouse to the other spouse.
[Sub-s. (9) added by s. 1 of Act 44 of 1992.
of the Mediation in Certain Divorce Matters Act, 1987, such an order with regard to the custody or guardianship of, or access to, a child shall not be rescinded or varied or, in the case of an order with regard to access to a child, not be suspended before the report and recommendations referred to in the said section 4 (1) have been considered by the court.
[Sub-s. (1) substituted by s. 7 of Act 24 of 1987.
A court other than the court which made an order referred to in subsection (1) may rescind, vary or suspend such order if the parties are domiciled in the area of jurisdiction of such first-mentioned court or the applicant is domiciled in the area of jurisdiction of such first-mentioned court and the respondent consents to the jurisdiction of that court.
The provisions of subsections (1) and (2) shall mutatis mutandis apply with reference to any order referred to in subsection (1) given by a court in a divorce action before the commencement of this Act.
When a decree of divorce is granted on the ground of the irretrievable break-down of a marriage the court may make an order that the patrimonial benefits of the marriage be forfeited by one party in favour of the other, either wholly or in part, if the court, having regard to the duration of the marriage, the circumstances which gave rise to the break-down thereof and any substantial misconduct on the part of either of the parties, is satisfied that, if the order for forfeiture is not made, the one party will in relation to the other be unduly benefited.
In the case of a decree of divorce granted on the ground of the mental illness or continuous unconsciousness of the defendant, no order for the forfeiture of any patrimonial benefits of the marriage shall be made against the defendant.
In a divorce action the court shall not be bound to make an order for costs in favour of the successful party, but the court may, having regard to the means of the parties, and their conduct in so far as it may be relevant, make such order as it considers just, and the court may order that the costs of the proceedings be apportioned between the parties.
The procedure applicable with reference to a divorce action shall be the procedure prescribed from time to time by rules of court.
[NB: A sub-s. (2) has been added, the existing section becoming sub-s. (1), by s. 74 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Except for making known or publishing the names of the parties to a divorce action, or that a divorce action between the parties is pending in a court of law, or the judgment or order of the court, no person shall make known in public or publish for the information of the public or any section of the public any particulars of a divorce action or any information which comes to light in the course of such an action.
The provisions of subsections (1) and (2) shall mutatis mutandis apply with reference to proceedings relating to the enforcement or variation of any order made in terms of this Act as well as in relation to any enquiry instituted by a Family Advocate in terms of the Mediation in Certain Divorce Matters Act, 1987.
[Sub-s. (3) substituted by s. 8 of Act 24 of 1987.
Any person who in contravention of this section publishes any particulars or information shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand rand or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
for the advancement of or use in a particular profession or science.
was a national of that country or territory.
[S. 13 amended by ss. 46 and 47 of Act 97 of 1986 and substituted by s. 7 of Act 3 of 1992.
It shall not be competent for a court to issue an order for the restitution of conjugal rights or for judicial separation.
This Act shall not apply with reference to a divorce action or proceedings for the restitution of conjugal rights or for judicial separation instituted before the commencement of this Act.
paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (2); paragraph (c) substitutes subsection (3); and paragraph (d) substitutes subsection (6).
17 Amends section 72 of the Administration of Estates Act 66 of 1965 by substituting that part of subsection (1) which precedes paragraph (b) thereof.
The laws mentioned in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.
This Act shall be called the Divorce Act, 1979, and shall come into operation on 1 July, 1979.
[Schedule amended by s. 33 of Act 65 of 1996.
Subject to the rules of court in relation to divorce actions, any divorce action which is pending in the Supreme Court may at any stage of the proceedings be referred to a family court established under section 2 (k) of the Lower Courts Act, 1944 (Act 32 of 1944), having jurisdiction if the court may deem it desirable, and the court may, in respect of such proceedings, make such order for costs as it may deem fit.
To amend the Divorce Act, 1979, so as to provide that a party to a divorce action may share in the pension interest of the other party; and to provide for matters connected therewith.
1 Amends section 1 (1) of the Divorce Act 70 of 1979 by adding the definitions of 'pension fund', 'pension interest', and 'rules'.
2 Amends section 7 of the Divorce Act 70 of 1979 by adding subsections (7) and (8).
This Act shall be called the Divorce Amendment Act, 1989, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
To amend the Divorce Act, 1979, so as to confer certain powers upon a court in the case where such court grants a decree of divorce in respect of a marriage the patrimonial consequences of which are governed by the law of a foreign state.
1 Amends section 7 of the Divorce Act 70 of 1979 by adding subsection (9).
This Act shall be called the Divorce Amendment Act, 1992.
To amend the Divorce Act, 1979, so as to empower a court to refuse to grant a decree of divorce if it appears to the court that the spouses are bound by their religion to effect a divorce in accordance with their religion before a decree of divorce will have full effect; and to provide for matters connected therewith.
1 Inserts section 5A in the Divorce Act 70 of 1979.
This Act shall be called the Divorce Amendment Act, 1996.
<fn>GOV-ZA.1979En.2012-02-10.en.txt</fn>
As one of South Africa's most celebrated game parks, the Hluhluwe-Imfolozi Park is renowned for its variety of animal and bird life, its wide-ranging photography, and an extremely rich diversity of tree and plant communities.
Established in 1895, Hluhluwe-Imfolozi Game Reserve is the oldest game park in Africa and is the only under formal conservation in KwaZulu Natal where the Big 5 occur.
Set in the heart of Zululand, the game reserve offers visitors activities - from self guided walks, auto-trails, game drives as well as picnic sites. Viewing hides overlook pans and waterholes enabling visitors to see animals at close range.
The Park covers some 96 000 ha and contains an immense diversity of fauna and flora. It became world renowned for its white rhino conservation.
Hluhluwe is characterised by hilly topography, and this northen section of the park is noted for its wide variety of both bird and animal life. Imfolozi, the southern component of the park is generally hot in summer, and mild to cool in winter, although cold spells do occur.
The wide range of plant life in the park gives rise to a diversity of mammals, birdlife, reptiles and amphibians. The Big Five - lion, rhino (back & white), elephant, buffalo and leopard - are all to be seen.
Its abundance of wildlife include: Nile crocodile, hippo, white and black rhino, leopard, lion, cheetah, hyena, elephant, buffalo, blue wildebeest, jackal, giraffe, zebra, waterbuck, nyala, eland, kudu, impala, duiker, suni, reedbuck, warthog, bushpig, mongoose, baboons, monkeys, a variety of tortoises, terrapins, snakes and lizards.
In excess of 300 species of birds have been recorded. The variety of habitats within the area is one of the prime reasons why it is one of the prime birding destinations in South Africa,.
The Hluhluwe River Flood Plain is one of the only areas in the whole of South Africa where Yellow throated, Pink throated and Orange throated Long claw species can be seen together.
The above can be enjoyed on self-drives, game drives on open 4x4's and boat cruises as well as self-guided walks. There are a number of picnic sites and self-guided walks providing magnificent views.
View all accommodation options.
Accommodation, managed by KwaZulu Natal Wildlife, within the Game Reserve is in the form of the Hilltop Camp and the Mpila Camp.
Please Note Visitors pay a conservation fee of R70 per person per day (children 50%) replacing entry fees.
Auto trails in the Hluhluwe-Imfolozi Park are designed for the convenience of visitors who wish to discover the secrets of the bushveld from seclusion of their own vehicle.
The Imfolozi section of the park has three self-guided foot trails. Guide books are available to help visitors interpret the many points of interest along these trails.
Short day walks of approximately two hours are conducted from Mpila and Hilltop Camps under the supervision of an experienced field ranger. These walks may be booked at reception in both camps.
Several sites with ablution and barbecue facilities are situated throughout the park.
Open vehicle night and day drives provide unique opportunities of viewing game. A knowledgeable guide is at hand to answer questions . Booking is at reception on a first come first serve basis.
There is a 40 seater boat on Hluhluwe dam which takes visitors on guided trips twice a day.
The recommended route from the north or south is to turn off the N2 at Hluhluwe village and follow the tarred road to Memorial Gate.
An alternative route is to turn off the N2 at Mtubatuba on to the R618 and proceed towards Hlabisa and travel for 27 kms to Nyalazi Gate.
Restaurant, bar, coin operated laundry, 95 octane unleaded petrol and diesel.
A fully equipped shop selling a wide range of curios and supplies.
The nearest town which has a full range of services is Hluhluwe which is 25 kms away.
Copyright@ 1997-2011 SA Places, P.O.
<fn>GOV-ZA.1980En.2012-02-10.en.txt</fn>
Johannesburg - The 2010 National Communication Partnership (NCP) - a joint partnership between various 2009 Fifa Confederations Cup and 2010 Fifa World Cup communication organisations - on Wednesday announced the launch the "Fly the Flag for Football" campaign in Johannesburg.
The national campaign is aimed at building public excitement, awareness and support leading up to the two historic events in South Africa.
Under the banner, "Fly the Flag for Football!", thousands of South African Flags, together with information leaflets, will be distributed to travellers and holiday makers over the Easter Weekend, from Thursday 9th March to Monday 13th March.
The Easter Weekend was chosen to launch the campaign as it is traditionally one of the busiest holiday periods in South Africa, with thousands of South Africans travelling across the country.
The NCP hopes to distribute over 47 million South African Flags through various campaigns leading up to the start of the 2010 Fifa World Cup in June 2010.
We are here to say our national flag is indeed a powerful symbol, a symbol of unity, a symbol of birth of a nation and a symbol of the triumph of the human spirit.
We look forward to have this country carpeted in these wonderful colours when the eyes of the world are focused on South Africa, when the eyes of the world are keenly looking on Africa as we will be hosting the Fifa Confederations Cup of 2009 and after that the 2010 Fifa World Cup we would like these colours to be what they understand and internalise, he said.
Nkomo urged South Africans from all walks of life to rally behind the preparations to host the Fifa Confederations Cup and the subsequent Fifa World Cup in 2010.
"It is important for us to also realise that for 2010 to be a success it is not only going to be the responsibility of Dr Irvin Khoza and Dr Danny Jordan [Local Organising Committee CEO and Chairman respectively] and the rest of the LOC team, it is for you and I to take the responsibility of making sure that wherever we are, we are ambassadors of 2010," said Nkomo.
Government spokesperson Themba Maseko said the government was pleased to be part of the partnership and its initiatives to build unity and pride through the 2009 Fifa Confederations Cup and 2010 Fifa World Cup.
"We can only succeed in realising our vision for the country if all sectors of society work together. The 2010 World Cup and related events have correctly been identified as a communication opportunity of a lifetime for South Africa," he said.
He said sporting events presented significant opportunities to foster national pride and unity.
"Sport is an arena of great emotion. It is a space of competition, leadership, hardship and conquering great challenges If we remember the national celebration around the Rugby World Cup in 1995 in South Africa we can see the tremendous potential of the 2010 Fifa World Cup," he said.
Maseko reiterated government's position that South Africa will be ready to host the Fifa Confederation Cup and Fifa World Cup.
South African football superstar Mark Fish has been roped in to garner support and spread the message to the public for the duration of the campaign as the official spokesperson.
"All South Africans have to be involved to make sure that come 2010 we are ready to show the world what the African continent can do, it is time to fly the flag and be proud," he said.
<fn>GOV-ZA.1981cedawEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2003/03071614461001.
Deputy President Jacob Zuma will host the Prime Minister of the Republic of Cape Verde, Jos.aria Neves, during his official visit to South Africa in Pretoria from Monday, 21 July, to Thursday, 24 July 2003. South Africa's current Ambassador to Senegal, Mr ORM Mokou, is accredited as South Africa's non-resident Ambassador to Cape Verde, while the Cape Verdean Ambassador to Angola, Mr Silvino da Luz, is accredited to South Africa as non-resident Ambassador since November 2002.
We are also particularly pleased to be receiving you, Mr Prime Minister, given the support Cape Verde gave to us during our struggle for liberation. We would like to use this opportunity of your visit to extend our heartfelt gratitude to you, my dear brother, your government and the people of the Cape Verde for your immense contribution to our freedom. In this regard, Cape Verde is a beacon of hope in a region that has often been characterised by conflict and poverty.
URL: http://www.info.gov.za/speeches/2003/03072209461002.
0.7741 2011/07/18 class="MsoNormal" style="margin-bottom: 0.
<fn>GOV-ZA.1982084En.2012-02-10.en.txt</fn>
To provide for the protection from disclosure of certain information; and to provide for matters connected therewith.
[NB: In terms of s. 36 (1) of the Legal Succession to the South African Transport Services Act 9 of 1989, the reference to 'the South African Transport Services' in the above provision shall be construed as a reference to the Company (Transnet Limited) and the Corporation (the South African Rail Commuter Corporation Limited).
the Office as defined in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act 70 of 2002), or which relates to the functions of Comsec, the Intelligence Services, the Academy or the Office or to the relationship existing between any person and Comsec, the Intelligence Services, the Academy or the Office.
Definition of 'security matter' substituted by s. 32 (1) of Act 38 of 1994, by s.
Act 65 of 2002, by s. 26 of Act 68 of 2002 and by s. 25 (2) of Act 52 of 2003.
any reference to any offence or prosecution under any provision of this Act includes a reference to an offence or a prosecution under the provisions of section 18 of the Riotous Assemblies Act, 1956 (Act 17 of 1956), read with the relevant provisions of this Act.
Any person who approaches, inspects, passes over, is in the neighbourhood of or enters any prohibited place for any purpose prejudicial to the security or interests of the Republic, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding 20 years.
neglects or fails to take proper care of such code, password, document, model, article or information, or so to conduct himself as not to endanger the safety thereof, shall be guilty of an offence and liable on conviction to a fine not exceeding R10 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment, or, if it is proved that the publication or disclosure of such secret official code or password or of such document, model, article or information took place for the purpose of its being disclosed to a foreign State or to a hostile organization, to the penalty prescribed in section 2.
Any person who receives any secret official code or password or any document, model, article or information, knowing or having reasonable grounds to believe, at the time when he receives it, that such code, password, document, model, article or information is being disclosed to him in contravention of the provisions of this Act, shall, unless he proves that the disclosure thereof to him was against his wish, be guilty of an offence and liable on conviction to a fine not exceeding R10 000 or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.
without lawful authority uses or wears any military, police or other official uniform of the Republic, or any uniform worn by a person employed at or in a prohibited place, or any uniform so closely resembling any of the said uniforms as to be calculated to deceive, or falsely represents himself to be a person who is or has been entitled to use or wear any such uniform; shall be guilty of an offence and liable on conviction to a fine not exceeding R5 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
of subsection (1), shall be guilty of an offence and liable on conviction to the penalties prescribed in subsection (1).
Any person who obstructs, knowingly misleads or otherwise interferes with any person engaged on guard, sentry, patrol or other similar duty in relation to any prohibited place shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.
knowing that any agent or any person who has been or is in communication with an agent, whether in the Republic or elsewhere, is in the Republic, fails forthwith to report to any member of the South African Police Service the presence of or any information it is in his power to give in relation to any such agent or person, shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.
[S. 7 amended by s. 4 of Act 18 of 1996.
is an agent or is being or has been or is reasonably suspected of being or having been directly or indirectly used by a foreign or international body or institution, or has entered or is within the Republic in contravention of any law, it shall, unless the contrary is proved, be presumed that the document, model, article or information referred to in section 3 has been prepared, compiled, made, obtained or received, or the secret official code or password or the model, article, document or information referred to in section 4 (1) has been published or disclosed, as the case may be, for purposes of the disclosure thereof to a foreign State or to a hostile organization.
any address, in the Republic or elsewhere, reasonably suspected to be an address used for the receipt of communications intended for an agent, or at which an agent resides, or to which he resorts for the purpose of giving or receiving communications, or at which he carries on any business, shall be deemed to be the address of an agent, and any person who addresses communications to such address shall be deemed to have been in communication with an agent.
If in any prosecution against any person for an offence under section 3 it is proved that he is an agent or that he is or has been or is reasonably suspected of being or having been directly or indirectly used by or on behalf of any foreign or international body or institution or that he has entered or is within the Republic in contravention of any law and that he has prepared, compiled, made, obtained or received any document, model, article or information other than that referred to in section 3 (a) , or any document, model, article or information relating to a place, article or matter other than that referred to in section 3 (b) (i) or (ii), it shall, unless the contrary is proved, be presumed that such document, model, article or information may directly or indirectly be of use to a foreign State or a hostile organization.
In any prosecution under this Act upon a charge of committing an act for a purpose prejudicial to the security or interests of the Republic, it shall, if, from the circumstances of the case or the conduct of the accused, it appears that his purpose was a purpose prejudicial to the security or interests of the Republic, be presumed, unless the contrary is proved, that the purpose for which that act has been committed, is a purpose prejudicial to the security or interests of the Republic.
If in any prosecution under this Act upon a charge of publishing or disclosing any secret official code or password or any document, model, article or information for a purpose prejudicial to the security or interests of the Republic, it is proved that it was published or disclosed by any person other than a person acting under lawful authority, or by an agent or by a person who is or has been or is reasonably suspected of being or having been directly or indirectly used by any foreign or international body or institution or who has entered or is within the Republic in contravention of any law, it shall, unless the contrary is proved, be presumed that the purpose for which it was published or disclosed is a purpose prejudicial to the security or interests of the Republic.
Any act constituting an offence under this Act and which is committed outside the Republic by any South African citizen or any person domiciled in the Republic shall be deemed to have been committed also in the Republic.
Any offence under this Act shall, for the purposes of determining the jurisdiction of a court to try the offence, be deemed to have been committed at a place where it actually was committed and also at any place where the accused happens to be.
No trial or preparatory examination in respect of any offence under this Act, except any contravention of section 6, shall be instituted without the written authority of the attorney-general having jurisdiction in the area concerned.
Any court may, if it appears to that court to be necessary for considerations of the security or the other interests of the Republic, direct that any trial or preparatory examination in respect of an offence under this Act, shall take place behind closed doors or that the general public or any section thereof, shall not be present thereat, and if the court issues any such direction, the court shall have the same powers as those conferred upon a court by section 154 (1) of the Criminal Procedure Act, 1977 (Act 51 of 1977), and the provisions of subsections (1), (4) and (5) of the said section 154 shall apply mutatis mutandis.
any association of persons, movement or institution outside the Republic to be a hostile organization if he is satisfied that that association of persons, movement or institution incites, instigates, commands, aids, advises, encourages or procures any person in the Republic or elsewhere to commit in the Republic an act of violence for any purpose prejudicial to the security or interests of the Republic, and may, in like manner at any time repeal or amend any such proclamation.
[S. 14 amended by s. 4 of Act 18 of 1996.
The laws specified in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.
This Act shall be called the Protection of Information Act, 1982.
Act 16 of 1956 Official Secrets Act, 1956 The whole.
Act 65 of 1956 Official Secrets Amendment Act, The whole.
Act 7 of 1958 Police Act, 1958 Section 27C.
Act 101 of 1969 General Law Amendment Act, 1969 Sections 10, 11 and 12.
Act 102 of 1972 General Law Amendment Act, 1972 Section 10.
<fn>GOV-ZA.1983074ChildcareactEn.2012-02-10.en.txt</fn>
NOTE: The whole of this Act has been repealed by section 313 of the Children's Act 38 of 2005 , which in respect of this Act will come into operation on a date to be fixed by the President by proclamation in the Gazette.
To provide for the establishment of children's courts and the appointment of commissioners of child welfare; for the protection and welfare of certain children; for the adoption of children; for the establishment of certain institutions for the reception of children and for the treatment of children after such reception; and for contribution by certain persons towards the maintenance of certain children; and to provide for incidental matters.
[Long title substituted by s. 24 of Act 86 of 1991.
[Definition of 'accredited social worker' inserted by s. 1 (a) of Act 96 of 1996 and substituted by s. 1 (a) of Act 56 of 1998.
[Definition of 'Black' deleted by s. 1 (b) of Act 96 of 1996.
'child born out of wedlock' means a child whose parents were not married to each other at the time of his or her conception or birth, or at any other time thereafter; [Definition of 'child born out of wedlock' inserted by s. 1 (c) of Act 96 of 1996 and substituted by s. 1 (b) of Act 56 of 1998.
[Definition of 'child in need of care' inserted by s. 1 (c) of Act 96 of 1996.
[Definition of 'children in especially difficult circumstances' inserted by s. 1 (c) of Act 96 of 1996.
'children's court' means a children's court mentioned in section 5; [Definition of children's court' substituted by s. 2 of Act 34 of 1986.
'commercial sexual exploitation' means engaging the services of a child to perform a sexual act or to produce child pornography as contemplated in section 17 or 19 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, for a financial or other reward payable to the child, the parents or guardian of the child or any other person; [Definition of 'commercial sexual exploitation' inserted by s. 1 (a) of Act 13 of 1999 and substituted by s. 68 of Act 32 of 2007.
'Commissioner's court' [Definition of 'Commissioner's court' deleted by s. 2 of Act 34 of 1986.
'district' means the area subject to the jurisdiction of any magistrate's court; [Definition of 'district' substituted by s. 2 of Act 34 of 1986.
[Definition of 'local authority' substituted by s. 1 (a) of Act 86 of 1991.
[Definition of 'magistrate' substituted by s. 2 of Act 34 of 1986.
'magistrate's court'.
[Definition of 'magistrate's court' deleted by s. 2 of Act 34 of 1986.
[Definition of 'marriage' inserted by s. 1 (d) of Act 96 of 1996.
'natural father' means a male person whose gamete has contributed to the conception of a child as a result of a sexual relationship with the mother of such child; [Definition of 'natural father' inserted by s. 1 (c) of Act 56 of 1998.
'psychologist' means a psychologist registered as such under the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act 56 of 1974); [Definition of 'psychologist' inserted by s. 1 (e) of Act 96 of 1996.
[Definition of 'secure care' inserted by s. 1 (b) of Act 13 of 1999.
[Definition of 'secure care facility' inserted by s. 1 (b) of Act 13 of 1999.
[Definition of 'shelter' inserted by s. 1 (f) of Act 96 of 1996.
Definition of 'social worker' substituted by s. 1 (b) of Act 86 of 1991 and by s.
Act 96 of 1996.
'welfare organization' means a welfare organization registered in terms of section 13 of the National Welfare Act, 1978 (Act 100 of 1978), or approved by the Premier of a province.
[Definition of 'welfare organization' substituted by s. 1 (h) of Act 96 of 1996.
[Chapter 1 repealed by s. 2 of Act 86 of 1991.
2 to 4 inclusive.
[Ss. 2 to 4 inclusive repealed by s. 2 of Act 86 of 1995.
Every magistrate's court shall be a children's court for the area of its jurisdiction.
to (4) inclusive.
[Sub-ss. (2) to (4) inclusive deleted by s. 2 of Act 34 of 1986.
Every magistrate shall be a commissioner of child welfare and every additional magistrate and assistant magistrate shall be an assistant commissioner of child welfare for the district of which he is magistrate, additional magistrate or assistant magistrate.
A commissioner of child welfare shall perform such functions as may be assigned to him by this Act or by any other law.
An assistant commissioner of child welfare shall perform such of the functions of a commissioner as he is not generally or in any particular case prohibited from performing either by the Minister or by the magistrate of the district of which he is additional or assistant magistrate.
Every additional magistrate and every assistant magistrate holding office as a commissioner or assistant commissioner of child welfare, shall in his capacity as commissioner or assistant commissioner be subject to the administrative control of the magistrate of the district of which he is an additional or assistant magistrate.
and (6).
[Sub-ss. (5) and (6) deleted by s. 2 of Act 34 of 1986.
A commissioner or assistant commissioner of child welfare shall preside over a children's court, and such a court shall have such jurisdiction and powers as may be conferred upon it by this Act or any other law.
The Minister may for every children's court appoint any officer in the Public Service, or two or more such officers, as a children's court assistant or children's court assistants, who shall at any proceedings of the children's court to which he is or they are attached, perform the functions assigned to the children's court assistant by or under this Act, and who shall generally assist the said court in performing its functions.
If a children's court assistant is for any reason unable to act as such or if no children's court assistant has been appointed for any children's court under subsection (2), the commissioner concerned may designate any competent officer in the Public Service to act as children's court assistant as long as the said children's court assistant is unable so to act or until a children's court assistant is appointed under subsection (2), as the case may be.
A children's court shall sit in a room other than that in which any other court ordinarily sits, unless no such other room is available and suitable.
At any sitting of a children's court no person shall be present unless his presence is necessary in connection with the proceedings of that court, or he is the legal representative of any person whose presence is necessary as aforesaid, or unless the commissioner presiding at that sitting has granted him permission to be present.
No person shall publish in any manner whatever any information relating to proceedings in a children's court which reveals or may reveal the identity of any child who is or was concerned in those proceedings: Provided that the Minister or the commissioner who presides or presided at those proceedings may authorize the publication of so much of the said information as he may deem fit if the publication thereof would in his opinion be just and equitable and in the interest of any particular person.
On the application of a children's court assistant mentioned in section 7 the clerk of the children's court to which that assistant is attached shall subpoena any witness to give evidence or to produce a book or document at any proceedings of that court.
On the application of any person who is likely to be affected by any order which may be made by a children's court as a result of any proceedings therein (or on the application of the representative of such a person) the clerk of that children's court shall subpoena any witness to give evidence or to produce a book or document at those proceedings.
Any subpoena mentioned in subsection (4) or (5) shall be served upon the witness concerned mutatis mutandis as if it were a subpoena to give evidence or to produce a book or document at a criminal trial in a magistrate's court.
The provisions of sections 188 and 189 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall mutatis mutandis apply in connection with a person subpoenaed under subsection (4) or (5) of this section or required by a commissioner of child welfare to give evidence at any proceedings in a children's court.
A parent or the guardian or custodian of a child concerned in any proceedings in a children's court who has attended those proceedings and any person who has attended any such proceedings to give evidence or to produce a book or document shall be entitled to such an allowance as would be due to him if he had attended to give evidence or to produce a book or document at a criminal trial in a magistrate's court: Provided that all allowances payable to witnesses who were subpoenaed to attend or who were called at proceedings in connection with an application for an order for the adoption of a child and all expenses incurred in securing the attendance of those witnesses shall be paid by the applicant for that order: Provided further that such a parent or guardian or custodian, or a witness who was subpoenaed to attend on the application of any person other than the children's court assistant (or on the application of the representative of such a person) or who was called as a witness by such a person or his representative, shall not be entitled to any such allowances from public funds unless the commissioner who presided at those proceedings has directed that he be paid such an allowance or any part of such an allowance as the commissioner may have determined.
Any person who publishes any information in contravention of subsection (3) or contrary to any authorization under subsection (3), shall be guilty of an offence.
[NB: A s. 8A has been inserted by s. 2 of the Child Care Amendment Act 96 of 1996, a provision which will be put into operation by proclamation. See PENDLEX.
[NB: Sub-ss. (5), (6) and (7) of s. 8A have been substituted by s. 2 of the Adoption Matters Amendment Act 56 of 1998, a provision which will be put into operation by proclamation. See PENDLEX.
the imposition of penalties for non-compliance with orders of court, for obstruction of execution of judgments and for contempt of court, and in so far as no other provision has been made under section 60 (1) (g) of this Act for any matter mentioned in this subsection other than in paragraph (iii).
Such records of the proceedings of a children's court shall be kept and shall be accessible to such persons upon such conditions as to payment of fees and otherwise as may be prescribed.
The contents of a statement or a report of a social worker which has been lodged with a children's court, shall not be disclosed for the purposes of any civil action except by order of any court to a court where such disclosure would be in the interest of any child mentioned in the report.
[S. 9 substituted by s. 2 of Act 34 of 1986.
the grandfather, grandmother, brother, half-brother, sister, half-sister, uncle or aunt of the child; or (bb) a designated relative referred to in subsection (4). [Sub-s. (1) amended by s. 3 of Act 96 of 1996 and substituted by s. 1 (a) of Act 106 of 1997.
The commissioner shall, in considering any application for the said consent, have regard to the matters mentioned in section 40.
Any consent mentioned in subsection (1) (ii) shall be subject to the prescribed conditions and to such other conditions as may be determined by the commissioner in any specific case.
related to a child in the third degree of affinity or consanguinity, is a 'designated relative' for the purposes of subsection (1) (iii) (bb) . [Sub-s. (4) added by s. 1 (b) of Act 106 of 1997.
If it appears to any court in the course of any proceedings before that court that any child has no parent or guardian or that it is in the interest of the safety and welfare of any child that he be taken to a place of safety, that court may order that the child be taken to a place of safety and be brought as soon as may be thereafter before a children's court.
If it appears to any commissioner of child welfare on information on oath given by any person that there are reasonable grounds for believing that any child who is within the area of his jurisdiction has no parent or guardian or that it is in the interest of the safety and welfare of any child who is within the area of his jurisdiction that he be taken to a place of safety, that commissioner may issue a warrant authorizing any policeman or social worker or any other person to search for the child and to take him to a place of safety, to be there kept until he can be brought before a children's court.
Any policeman or social worker or other person authorized by the said warrant to search for and remove a child may enter (by force if necessary) any house or other premises mentioned in the warrant and may remove the child therefrom.
It shall not be necessary in any warrant issued under subsection (2) to state the name of the child whose removal is thereby ordered.
The provisions of section 12 (2) and (3) shall mutatis mutandis apply in respect of a child removed to a place of safety in terms of this section.
and that the delay in obtaining a warrant will be prejudicial to the safety and welfare of that child.
Any person who hinders or obstructs any policeman, social worker or authorized officer in the exercise of his powers under subsection (1) shall be guilty of an offence.
bring the child or cause him to be brought before the children's court of the district in which is situate the place from where the child was removed.
Any child referred to in section 11 (1) or (2) or 12 (1) shall be brought before the children's court of the district in which the child resides or happens to be by any policeman, social worker or authorized officer.
Any child in regard to whom a children's court assistant is of opinion that he or she is a child in need of care may be brought before the children's court of the district in which the child resides or happens to be, by any policeman, social worker or authorized officer, or by a parent, guardian or other person having the custody of the child.
[Sub-s. (2) substituted by s. 4 of Act 86 of 1991 and by s. 4 of Act 96 of 1996.
shall hold an inquiry in the prescribed manner and determine whether the child is a child in need of care: Provided that if the child ordinarily resides in the district of another children's court the first-mentioned children's court may refer the inquiry to the children's court of that other district.
[Sub-s. (3) substituted by s. 4 of Act 86 of 1991 and by s. 4 of Act 96 of 1996.
If it appears to a children's court that a child referred to in subsection (1) or (2) who is subject to the court's jurisdiction, should by reason of his infancy, ill-health or other sufficient cause not be brought before the court, the court may hold the inquiry in the absence of the child.
Notice of the holding of an inquiry in terms of subsection (3) in respect of any child and that the attendance thereat is required of the person to whom the notice is given shall, unless the commissioner of child welfare otherwise directs, be given in the prescribed manner to the parents or guardian or person having the custody of that child.
Any parent or guardian or any person having the custody of a child who, having received such notice, without the permission of the commissioner or other reasonable excuse (the proof of which shall rest upon him) fails to attend and to remain in attendance during the inquiry, may be dealt with mutatis mutandis as provided in section 74 (6) and (7) of the Criminal Procedure Act, 1977 (Act 51 of 1977).
Any children's court holding an inquiry in terms of section 13 (3) may at any time during the inquiry order any medical officer or psychologist to examine the child concerned and to report to the court thereanent.
[Sub-s. (1) substituted by s. 5 (a) of Act 96 of 1996.
The commissioner presiding over a children's court holding such inquiry shall during that inquiry request any social worker to furnish a report on the circumstances of the child concerned and his or her parents or guardian or the person having the custody of that child.
[Sub-s. (2) substituted by s. 5 (a) of Act 96 of 1996.
The court holding such inquiry may, if it deems it expedient, from time to time postpone or adjourn the inquiry for periods not exceeding 14 days at a time, and may order that in the interim the child remain in a place of safety or be kept in a place of safety for observation for the information of the court.
[Para. (a A) inserted by s. 5 of Act 86 of 1991.
is being maintained in contravention of section 10.
[Para. (a B) inserted by s. 5 (c) of Act 96 of 1996.
[Para. (b) deleted by s. 5 (d) of Act 96 of 1996.
[Sub-s. (4) amended by s. 5 (b) of Act 96 of 1996.
order that the child be sent to a school of industries designated by the Director-General.
[Sub-s. (1) substituted by s. 6 (a) of Act 86 of 1991 and amended by s. 6 of Act 96 of 1996.
of this section, and which shall hold an inquiry in terms of section 13 (3), after which the court may vary the said order or make a new order under subsection (1) of this section.
A children's court which has made an order under subsection (1) (b) , (c) or (d) may also order that the child be kept in a place of safety until such time as effect can be given to the order which the court has made.
A children's court may make an order under this section in respect of any person who at the commencement of the inquiry in the course of which the order is made, was under the age of 18 years, notwithstanding that before the date of the order that person has attained the age of 18 years.
If the Director-General cannot designate a children's home in terms of subsection (1) (c) or a school of industries in terms of subsection (1) (d) , he shall without delay furnish the Minister with a report in connection with the child concerned.
The Minister may, after consideration of the Director-General's report referred to in paragraph (a) , deal with the child concerned in terms of section 34 or 37 as if the child has been admitted to a children's home or a school of industries, as the case may be.
[Sub-s. (5) added by s. 6 (b) of Act 86 of 1991.
Subject to the provisions of this section and of section 34, any order made under section 15 shall lapse after the expiration of a period of two years after the date on which the order was made or after the expiration of such shorter period as the children's court may have determined at the time of making that order.
Subject to the provisions of subsection (3), the Minister may extend the validity of an order referred to in subsection (1) for a further period not exceeding two years at a time: Provided that an order may not be so extended to a date after the date on which the child attains the age of 18 years.
The Minister may, if he deems it necessary, order that any former pupil of or pupil in a school of industries whose period of retention has expired or is about to expire, return to or remain in that school of industries for any further period which he may fix, and may from time to time extend that period: Provided that no such order or extension shall extend the period of retention of any pupil beyond the end of the year in which that pupil attains the age of 21 years.
An appeal shall lie against any order made or any refusal to make an order in terms of section 11, 15 or 38 (2) (a) , or against the variation, suspension or rescission of such order, to the competent division of the High Court of South Africa, and if brought, shall be noted and prosecuted as if it were an appeal against a civil judgement of a magistrate's court.
[S. 16A inserted by s. 2 of Act 13 of 1999.
by the natural father of a child born out of wedlock.
[Para. (d) added by s. 3 of Act 56 of 1998.
[S. 17 substituted by s. 7 of Act 86 of 1991.
The adoption of a child shall be effected by an order of the children's court of the district in which the child concerned resides.
The childrens' court shall not make any order referred to in paragraph (a) before the consideration of a prescribed report from a social worker or an accredited social worker.
[Sub-s. (1) substituted by s. 7 (a) of Act 96 of 1996.
An application for an order of adoption shall be made by the proposed adoptive parent or parents in the prescribed manner.
In considering any such application the children's court shall have regard to the matters mentioned in section 40.
[Para. (d) substituted by s. 7 (b) of Act 96 of 1996 and by s. 4 of Act 56 of 1998.
in the case of an application for the adoption of a foster child by a person other than his or her foster parent, that the foster parent has stated in writing that he or she does not wish to adopt the child: Provided that such statement shall not be necessary if the foster parent refuses or fails, within one month after being called upon in writing by an assistant of the children's court to do so, to indicate to him or her in writing that he or she does not wish to adopt the child.
[Para. (g) substituted by s. 7 (c) of Act 96 of 1996.
Any consent mentioned in subsection (4) (d) or (e) shall be in writing and shall, if given within the Republic, be signed by the person or persons giving the consent in the presence of a commissioner of child welfare, who shall attest the consent, or, if given outside the Republic, shall be signed and attested in the manner prescribed.
The said consent shall set out the names of the proposed adoptive parents, but the children's court may admit, as satisfying the requirements of subsection (4) (d) , a consent by the child's parents or guardian which does not set out the names or any other particulars of the proposed adoptive parents, if it is satisfied that the interest of the child will be served thereby.
or (e) , any such consent given outside the Republic which has not been signed or attested in the manner prescribed or which does not set out the names or any other particulars of the proposed adoptive parents, if that consent has been approved by the Minister.
Notwithstanding the provisions of any other law the parent of a child who has given consent to the adoption of his or her child shall have the right to withdraw such consent up to 60 days after such consent has been given.
[Sub-s. (8) added by s. 7 (d) of Act 96 of 1996.
A children's court shall not make any order of adoption before the expiration of the period of 60 days referred to in subsection (8). [Sub-s. (9) added by s. 7 (d) of Act 96 of 1996.
[Sub-para. (ii) substituted by s. 5 (a) of Act 56 of 1998.
[Sub-para. (iii) substituted by s. 8 (a) of Act 96 of 1996.
[Sub-para. (iv) substituted by s. 8 (a) of Act 96 of 1996.
[Sub-para. (v) deleted by s. 8 (b) of Act 96 of 1996.
[Sub-para. (vii) added by s. 5 (b) of Act 56 of 1998.
[Sub-para. (viii) added by s. 5 (b) of Act 56 of 1998.
[Sub-para. (ix) added by s. 5 (b) of Act 56 of 1998.
who, in the case of a child born out of wedlock, has failed to respond, within 14 days, to a notice served upon him as contemplated in section 19A.
[Sub-para. (x) added by s. 5 (b) of Act 56 of 1998.
a social worker, within the period of 60 days after the mother has given her consent or at any stage before the order of adoption is granted by the children's court, submits a report to the commissioner who has attested the mother's consent or to the children's court to which the application for the adoption has been made, as the case may be, confirming the identity and whereabouts of the father.
A social worker referred to in subsection (2) (c) shall, in the event where he or she has obtained information of the identity and whereabouts of the natural father of the child concerned, submit a report to the children's court of such information.
For the purposes of this section, the commissioner for child welfare who is responsible for giving notice to the natural father of a child born out of wedlock may require that the Director-General: Home Affairs furnish him or her with any information contained in the registration of birth of the child, including information regarding the identity and other particulars of a person who has acknowledged himself as the father of the child born out of wedlock in terms of section 10 or 11 of the Births and Deaths Registration Act, 1992 (Act 51 of 1992).
The notice referred to in subsection (1) shall not be required if the whereabouts of the parent to whom the notice is to be served, are unknown.
A parent who has given consent in terms of section 18 (5) and who wishes to have the other parent's consent dispensed with in terms of section 19, shall inform the commissioner upon attestation of his or her consent, accordingly.
in the case of a natural father of a child born out of wedlock, apply in terms of section 18 for the adoption of the child.
The commissioner referred to in subsection (6) shall forthwith issue the father of the child concerned with the notice contemplated in subsection (1), and such father may, if he wishes, acknowledge himself as the father of the child in terms of section 10 or 11 of the Births and Deaths Registration Act, 1992 (Act 51 of 1992).
of the Births and Deaths Registration Act, 1992 (Act 51 of 1992), if the mother of the child has consented to such amendment.
Where, in the case of a pending adoption, the mother of the child has withheld her consent to an amendment to be effected to the registration of birth of her child in terms of section 11 (4) of the Births and Deaths Registration Act, 1992 (Act 51 of 1992), the person who wishes to acknowledge himself as the father of such child shall apply to the children's court concerned for a declaratory order which confirms his paternity of the child and dispenses with the requirement of consent of the mother.
[S. 19A inserted by s. 6 of Act 56 of 1998.
An order of adoption shall terminate all the rights and obligations existing between the child and any person who was his parent (other than a spouse contemplated in section 17 (c)) immediately prior to such adoption, and that parent's relatives.
An adopted child shall for all purposes whatever be deemed in law to be the legitimate child of the adoptive parent, as if he was born of that parent during the existence of a lawful marriage.
An order of adoption shall, unless otherwise thereby provided, confer the surname of the adoptive parent on the adopted child.
An order of adoption shall not have the effect of permitting or prohibiting any marriage or carnal intercourse (other than a marriage or carnal intercourse between the adoptive parent and the adopted child) which, but for the adoption, would have been prohibited or permitted.
When an order is made for the adoption of any child, any order made in respect of that child under section 15 of this Act or section 290 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall lapse.
on the ground mentioned in subsection (1) (c) or (d) , it shall be made within a period of two years as from the date upon which the order of adoption was made.
An application on the ground that the child is mentally ill may only be made if the applicant was, or if husband and wife jointly adopted the child concerned, they both were, at the time of the making of the order of adoption, ignorant of the mental illness of the child and this ignorance was not due to failure of the adoptive parent or parents to exercise reasonable care in examining the child or causing it to be examined.
An application on the ground that the child suffered from a congenital disorder or injury of a serious nature may only be made if the applicant was or, if husband and wife jointly adopted the child concerned, they both were, at the time of the making of the order of adoption, ignorant of that genetic disorder or injury, and this ignorance was not due to failure of the adoptive parent or parents to exercise reasonable care in examining the child or causing it to be examined.
If the application is made by a parent of the child, he shall give due notice of the application to the adoptive parent or parents.
If the application is made by an adoptive parent, he shall give due notice to the children's court assistant concerned and to the parent or parents or the person who was prior to the adoption the guardian of the adopted child, if he or they can be found.
If the application is made by the children's court assistant, he shall give due notice to the parent or parents, to the adoptive parent or parents and to the said guardian, if he or they can be found.
The court to which the application is made shall, after having satisfied itself that the applicant has complied with subsection (4), (5) or (6), and after having afforded any person interested in the application an opportunity to be heard and after having considered any relevant evidence, whether oral or in the form of an affidavit, which was tendered in support of or in opposition to the application, rescind or confirm the order of adoption: Provided that it shall not rescind an order of adoption on the application of a parent of the adopted child if the court is satisfied that the applicant is unfit to have the custody of the child and that it is in the interest of the child that the order of adoption be confirmed.
On the rescission of an order of adoption in terms of subsection (7), the child concerned shall for all purposes be restored to the position in which it would have been if no order of adoption had been made: Provided that the rescission of the order shall not affect anything lawfully done while the order of adoption was in force.
that at the time of the making of the order of adoption the adoptive parent or parents did not qualify in terms of section 17 for obtaining the order of adoption.
An order of adoption and a rescission of an order of adoption and the refusal of an application for the rescission of an order of adoption shall be subject to an appeal to the competent Division of the Supreme Court of South Africa as if the order, rescission or refusal were a judgment of a magistrate's court.
An appeal against an order of adoption may be brought by the parent or guardian of the adopted child.
An appeal against the rescission of an order of adoption may be brought by a parent, guardian or adoptive parent of the child concerned, who did not apply for the rescission.
An appeal against a refusal of an application for the rescission of an order of adoption may be brought by the applicant concerned.
In such an appeal brought by a parent or guardian, the adoptive parent of the child concerned shall be cited as respondent, and in such an appeal brought by an adoptive parent, the parent or guardian (if any) of the child concerned shall be cited as respondent, unless, in either case, the appeal is brought against a rescission granted upon the application of a children's court assistant, in which event that assistant shall be cited as respondent.
In an appeal brought by a children's court assistant against the refusal of an application made by him for the rescission of an order of adoption, the persons mentioned in section 21 (6) shall be cited as respondents.
In this section 'guardian' means the person who was at the time of the making of the order of adoption the guardian of the child concerned.
An adopted child shall be capable of adoption, and upon the making of an order for the adoption of a previously adopted child all the legal consequences of the earlier adoption shall terminate, save in so far as the adopted child has acquired any property by virtue of the earlier adoption.
For the purposes of any proceedings for the adoption of a child who has been previously adopted the parents who previously adopted the child shall have the rights and be subject to the obligations conferred and imposed upon parents by any provision of this Chapter, and the expressions 'parent' and 'parents' shall in any such provision be construed accordingly.
No person shall, save as prescribed under the Social Work Act, 1978 (Act 110 of 1978), give, undertake to give, receive or contract to receive any consideration, in cash or kind, in respect of the adoption of a child.
[Sub-s. (1) substituted by s. 9 of Act 96 of 1996.
Any person who contravenes any provision of subsection (1) shall be guilty of an offence and on conviction liable to a fine not exceeding R8 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
[Sub-s. (2) substituted by s. 8 of Act 86 of 1991.
When an order has been made for the adoption of a child whose birth has been registered in the Republic, the appropriate Director-General within the meaning of the Births, Marriages and Deaths Registration Act, 1963 (Act 81 of 1963), shall on the application of the adoptive parent and on production of the order of adoption or of a certified copy thereof and on payment of the prescribed fee, if any, cause the fact of adoption and a statement whether the surname of the adoptive parent was or was not conferred upon the child by virtue of the adoption, to be recorded on the birth register, as defined in the Births, Marriages and Deaths Registration Act, 1963, filed in his office in respect of the birth of the child.
If the surname of an adoptive parent has been conferred upon an adopted child and that fact has been recorded on the original birth information form, a birth certificate in the surname of the adoptive parent may be issued in respect of the child.
the form prescribed under the Births, Marriages and Deaths Registration Act, 1963, for use in connection with the registration of a birth, completed as far as may be possible and signed by the adoptive parent, and on payment of the prescribed fee (if any), cause the birth of that child to be recorded in his registers and shall cause the fact of adoption and a statement whether the surname of the adoptive parent was or was not conferred upon the child by virtue of the adoption, to be recorded on the birth register of the child, as defined in the said Act, filed in his office.
[S. 27 repealed by s. 10 of Act 96 of 1996.
The Minister may, with the concurrence of the Minister of Finance, out of moneys appropriated by Parliament for the purpose establish and maintain places of safety for the reception, custody, observation, examination and treatment of children under this Act, and the detention of children awaiting trial or sentence.
[Sub-s. (1) substituted by s. 9 of Act 86 of 1991.
Any place of safety or place of detention established under section 38 of the Children's Act, 1960 (Act 33 of 1960), and which is in existence at the commencement of this section, shall as from that commencement be deemed to be a place of safety established under this section of this Act.
The Minister may, with the concurrence of the Minister of Finance, out of monies appropriated by Parliament for that purpose, establish and maintain secure care facilities for the reception and secure care of children awaiting trial or sentence.
[S. 28A inserted by s. 3 of Act 13 of 1999.
The Minister may, with the concurrence of the Minister of Finance, out of moneys appropriated by Parliament for the purpose establish and maintain children's homes for the reception, care and bringing-up of children in terms of this Act.
The Minister shall appoint for every children's home established under subsection (1) a board of management which shall consist of not fewer than three and not more than nine members, who shall hold office during a prescribed period.
The Minister may at any time withdraw the appointment of any such member and appoint a member in the place of any member who has died or has resigned or whose appointment has been so withdrawn.
A board mentioned in subsection (2) (a) may exercise the powers and shall perform the duties conferred or imposed upon it by this Act.
Any children's home established under section 39 (3) (a) of the Children's Act, 1960 (Act 33 of 1960), and which is in existence at the commencement of this section, shall, as from that commencement, be deemed to be a children's home established under this section of this Act.
No child may be received in any children's home (other than a children's home maintained and controlled by the State) unless that children's home is managed by an association of persons consisting of not fewer than seven members and has been registered under this section, or otherwise than in accordance with the conditions on which that children's home has been so registered.
No child may be received in any place of care (other than a place of care maintained and controlled by the State) unless that place of care has been registered under this section, or otherwise than in accordance with the conditions on which that place of care has been so registered.
No child may, save as prescribed, be received in any shelter unless that shelter has been registered under this section, or otherwise than in accordance with the conditions on which that shelter has been so registered.
[Sub-s. (2A) inserted by s. 11 (a) of Act 96 of 1996.
reject any such application or, if he or she is satisfied that the children's home, place of care or shelter complies with the prescribed requirements and that it will be so managed and conducted that it will be suitable for the reception, care and bringing-up or for the reception, care and custody of children, grant the application either unconditionally or on such prescribed and other conditions as he or she may deem fit, and issue to the applicant a certificate of registration in the prescribed form.
[Sub-s. (3) substituted by s. 11 (b) of Act 96 of 1996.
The Director-General may, at the time of registration of any children's home, place of care or shelter or at any time thereafter, classify any such children's home, place of care or shelter or may after due notice to the person in whose name the relevant certificate of registration was issued, amend any earlier classification, and any such classification may differ according to the sex or age or to the physical, mental or spiritual needs of the children in respect of whom the children's home, place of care or shelter is being maintained and according to whether it is children who were dealt with under this Act or under the Criminal Procedure Act, 1977 (Act 51 of 1977).
[Sub-s. (4) substituted by s. 11 (b) of Act 96 of 1996.
Any children's home or place of care which immediately before the commencement of this section was registered and classified under section 42 of the Children's Act, 1960 (Act 33 of 1960), shall as from that commencement be deemed to be registered under this section of this Act as a children's home or place of care, as the case may be, and to be so classified under this section of this Act.
Any person who contravenes or fails to comply with any provision of this section shall be guilty of an offence.
observe and interview any child therein, or cause such child to be examined by a medical officer, psychologist or psychiatrist.
[Sub-s. (1) substituted by s. 12 (a) of Act 96 of 1996.
Any social worker, nurse or other person so authorized shall be furnished with a certificate to that effect, signed by the Director-General, which he or she, when acting in terms of subsection (1), shall produce at the request of any manager or staff member of the children's home, place of care, shelter or place of safety concerned.
[Sub-s. (2) substituted by s. 12 (a) of Act 96 of 1996.
Any person who obstructs or hinders any social worker, nurse or other person so authorized or any commissioner in the performance of any function mentioned in subsection (1), or who fails to produce any child, book or document whose production a social worker, nurse or other person so authorized or any commissioner has demanded, shall be guilty of an offence.
The social worker, nurse or other person so authorized, or the commissioner, shall submit a report to the Director-General after the performance of a function referred to in subsection (1).
[Sub-s. (4) added by s. 12 (b) of Act 96 of 1996.
shall be as prescribed. [Sub-s. (5) added by s. 12 (b) of Act 96 of 1996.
A certificate of registration issued under section 30 (3) may at any time be cancelled by the Minister or may at any time be surrendered to the Minister, but no such certificate shall be so cancelled except after not less than one month's written notice of the intention to cancel that certificate has been given to the person in whose name it was issued, and after consideration by the Minister of any representations which may be submitted in pursuance of such notice.
Written notice shall be given of any cancellation or surrender of a certificate of registration.
The cancellation or surrender of a certificate of registration shall take effect on the date specified in the document whereby notice is given of the cancellation or surrender.
Unless the Minister and the person in whose name the certificate of registration was issued agree on the date, the date mentioned in paragraph (a) shall not be earlier than a date three months after the date upon which notice of the cancellation or surrender was given.
The managers of a children's home or shelter shall within three months after written notice has been given of the cancellation or surrender of the certificate of registration of that children's home or shelter in terms of subsection (1), transfer to his or her parents or guardian or to any children's home or other suitable place approved by the Minister, every child in such first-mentioned children's home or shelter other than a child placed in the custody of that children's home under this Act.
[Sub-s. (3) substituted by s. 13 of Act 96 of 1996.
After the cancellation or surrender of the certificate of registration of any children's home in terms of this section, the Minister shall act under section 34, or under section 37, in respect of every child who was placed in the custody of that children's home under this Act and who was in that children's home at the time of the cancellation or surrender of the certificate.
Subject to the provisions of this Act or any other law, no foster child or pupil shall be transferred from any custody in which he has lawfully been placed, to any institution, custody or supervision mentioned in section 15 of this Act or section 290 of the Criminal Procedure Act, 1977 (Act 51 of 1977).
Act or any other law.
an order under section 15 in terms of which he was placed in the custody of the foster parent or institution concerned, has lapsed without its validity being extended by the Minister, in order to enable him to complete his education or training.
) in which or supervision under which he or she has lawfully been placed, to any institution, custody or supervision mentioned in section 15 of this Act. [Sub-s. (1) substituted by s. 4 (a) of Act 13 of 1999.
If any requirement referred to in paragraph (a) is in the opinion of the social worker concerned not being complied with, the child concerned may be brought by that social worker before the children's court of the district in which the child resides, which shall hold an inquiry in terms of section 13 (3), after which the court may vary the order issued by the Minister or make a new order under section 15 (1).
[Sub-s. (1A) inserted by s. 10 of Act 86 of 1991.
When the Minister has under subsection (1) dealt with a pupil or child to whom an order made by any court applies, that order shall be deemed to have been varied by the Minister's order.
[Sub-s. (3) deleted by s. 4 (b) of Act 13 of 1999.
If the Minister is of opinion that it is desirable in the interests of a pupil in a reform school to transfer him to a school of industries or to a children's home, the Minister may, after consultation with the management of any school of industries or of any children's home and after having satisfied himself that the intended transfer will not be prejudicial to the pupils in that school of industries or children's home, by order in writing transfer the pupil to that school of industries or children's home, and as from the date of the order the pupil shall be deemed to have been sent to that school of industries or children's home under section 15.
by the Director-General to any child in a place of safety, for such period and on such conditions as may be prescribed.
The management concerned or, with the approval of the social worker concerned, the foster parent concerned may at any time cancel such leave, and that management or foster parent shall cancel such leave if directed thereto by the Minister.
On any such cancellation the said management or foster parent shall direct the pupil or foster child to return to the institution or custody from which he was granted leave.
Any person who directly or indirectly counsels, induces or aids any child or pupil to whom leave of absence has been granted under subsection (1) not to return to the custody of the foster parent or the institution, or who prevents him from returning to such custody or institution after the expiration of the period of leave or after the cancellation of such leave, shall be guilty of an offence.
[Sub-s. (3) added by s. 11 of Act 86 of 1991.
The Minister may, if he considers it desirable in the interest of any pupil or foster child who is in an institution to which he has been sent under this Act or any other law or in the custody of a foster parent in which he has been placed under this Act or any other law, by order in writing direct that that pupil or foster child be taken to a place of safety and be kept therein for observation or to be examined and treated.
[Sub-s. (1) substituted by s. 12 of Act 86 of 1991.
The commissioner of any district may, if he is of opinion that it is desirable that any pupil or foster child mentioned in subsection (1) should without delay be removed from the institution or custody mentioned therein, by order in writing direct that the pupil or foster child be taken to a place of safety and be kept therein pending any action by the Minister under subsection (3).
When a commissioner has made an order under paragraph (a) he shall forthwith furnish the Minister with a full report in connection with the pupil or foster child concerned.
deal with the pupil or foster child in terms of section 34 or 37 as if he has not been taken from the institution or custody mentioned in paragraph (a).
The Minister may, if he considers it desirable in the interest of any pupil or foster child, at any time by order in writing discharge that pupil or foster child from the effect of any order made by any court under section 15 of this Act or section 290 of the Criminal Procedure Act, 1977 (Act 51 of 1977), in which event the parent or guardian of that pupil or foster child and the institution or foster parent concerned shall also be discharged from the effect of such order.
pupil or child who has been granted leave of absence from any institution or place of safety or from any custody in which he was so placed and who on the cancellation or expiration of his leave of absence fails to return to the institution, place of safety or custody from which he was granted leave of absence, may be apprehended without warrant by any policeman, social worker or authorized officer and shall if so apprehended be brought as soon as may be before a commissioner of child welfare of the district in which he was apprehended and may, until he can be brought before a commissioner, be kept in any place of safety.
if the commissioner is of opinion that there are good reasons why the pupil or child should not be returned to the institution or to the custody or to the place of safety from which he absconded, order that he be removed to a place of safety and be kept therein pending any action by the Minister under subsection (3).
The commissioner shall in each case report to the Minister the result of his interrogation of the pupil or child and notify the Minister of any order made under paragraph (a) (ii).
order that the pupil or child concerned be returned to the institution or the custody or the place of safety from which he absconded or to which he failed to return.
Any commissioner may order that any pupil or child be kept in a place of safety until effect can be given to any order made in respect of such pupil or child under subsection (2) (a) (i) or subsection (3) (c) or in pursuance of the provisions of subsection (3) (a).
If any medical practitioner is of opinion that it is necessary to perform an operation upon a child or to submit him to any treatment which may not be applied without the consent of the parent or guardian of the child, and the parent or guardian refuses his consent to the operation or treatment, or cannot be found, or is by reason of mental illness unable to give that consent, or is deceased, that practitioner shall report the matter to the Minister, who may, if satisfied that the operation or treatment is necessary, consent thereto in lieu of the parent or guardian of the child.
If the medical superintendent of a hospital or the medical practitioner acting on his or her behalf is of opinion that an operation or medical treatment is necessary to preserve the life of a child or to save him or her from serious and lasting physical injury or disability and that the need for the operation or medical treatment is so urgent that it ought not to be deferred for the purpose of consulting the person who is legally competent to consent to the operation or medical treatment, that superintendent or the medical practitioner acting on his or her behalf may give the necessary consent.
[Sub-s. (2) substituted by s. 14 of Act 96 of 1996.
The person whose duty it is to maintain the child concerned shall be liable for the cost of any treatment of, or operation upon, the child in terms of subsection (1) or (2) as if the treatment had been given or the operation had been performed on his instructions.
any person over the age of 14 years shall be competent to consent, without the assistance of his parent or guardian, to the performance of any medical treatment of himself or his child.
[Sub-s. (4) substituted by s. 13 of Act 86 of 1991.
In the application of the provisions of section 15 (1) (b) or 34 regard shall be had to the religious and cultural background of the child concerned and of his parents as against that of the person in or to whose custody he is to be placed or transferred.
[S. 40 substituted by s. 14 of Act 86 of 1991.
No person or children's home shall be obliged to receive or resume the custody of any child, but any person or the management of any children's home that has received or admitted any child placed in the custody of that person or sent to that children's home under this Act shall be deemed to have the custody of that child and shall, subject to the provisions of subsection (2), maintain and care for that child.
if any grant or contribution payable by the Minister towards the maintenance of the child is discontinued.
The provisions of subsection (1) shall not affect any obligation imposed by any other law on any person to care for or maintain any child.
Notwithstanding the provisions of any other law every dentist, medical practitioner, nurse, social worker or teacher, or any person employed by or managing a children's home, place of care or shelter, who examines, attends or deals with any child in circumstances giving rise to the suspicion that that child has been ill-treated, or suffers from any injury, single or multiple, the cause of which probably might have been deliberate, or suffers from a nutritional deficiency disease, shall immediately notify the Director-General or any officer designated by him or her for the purposes of this section, of those circumstances.
[Sub-s. (1) substituted by s. 15 (a) of Act 96 of 1996.
On receipt of a notification in terms of subsection (1) the Director-General or the said officer may issue a warrant in the prescribed form and manner for the removal of the child concerned to a place of safety or a hospital.
The Director-General or the said officer shall thereupon arrange that the child and his parents receive such treatment as the Director-General or the said officer may determine.
This section shall not exclude any other action against or treatment of the parent and his child in terms of this Act.
Any dentist, medical practitioner, nurse, social worker or teacher, or any person employed by or managing a children's home, place of care or shelter, who contravenes any provision of this section shall be guilty of an offence.
[Sub-s. (5) substituted by s. 15 (b) of Act 96 of 1996.
No legal proceedings shall lie against any dentist, medical practitioner, nurse, social worker or teacher, or any person employed by or managing of a children's home, place of care or shelter, in respect of any notification given in good faith in accordance with this section.
[Sub-s. (6) substituted by s. 96 of Act 88 of 1996 and by s. 15 (b) of Act 96 of 1996.
[S. 42 substituted by s. 15 of Act 86 of 1991.
A contribution order may be made- and any such order shall have effect from the date on which it is made unless the court orders that it shall have effect from an earlier or later date.
A provisional contribution order may be made against a respondent resident in any country which is a 'proclaimed country' within the meaning of section 1 of the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act 80 of 1963), by a children's court for the maintenance of any child brought before that court for the purpose of an inquiry in terms of section 13 of this Act.
Any children's court or magistrate's court in whose jurisdiction the respondent resides, carries on business or is employed may, after completion of the prescribed inquiry or on application of the respondent, vary, suspend or rescind a contribution order or revive the order after it has been rescinded.
If any court other than the court which issued the contribution order concerned varies, suspends, rescinds or revives the contribution order in terms of subsection (3), the clerk of the first-mentioned court shall inform the clerk of the last-mentioned court immediately of such variation, suspension, rescission or revival.
A contribution order and a provisional contribution order made under this Chapter shall have the effect, respectively, of a maintenance order and of a provisional maintenance order in terms of the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act 80 of 1963).
The provisions of section 11 of the Maintenance Act, 1963 (Act 23 of 1963), shall apply mutatis mutandis to any person who refuses or fails to make any particular payment in terms of such a contribution order.
A contribution order shall direct the respondent to pay the sum stated therein to an officer of the court making or confirming the order, or to such other officer as that court may determine.
Any court which has made a contribution order under this Chapter may at any time by order in writing require any employer of the respondent to deduct from any wages which are payable or which may become payable to the respondent an amount sufficient to pay any amount payable in terms of the contribution order.
An employer shall forthwith pay any amount which he has so deducted to any officer indicated in the order.
The provisions of section 43 (3) shall apply mutatis mutandis to an order mentioned in subsection (1).
(a) If a respondent against whom a contribution order has been made, during the currency of the order changes his place of residence or place of work, he shall forthwith give notice in writing to the clerk of the court by which the order was made and shall in that notice state fully and clearly where the place of residence to which he has moved is situated or where his new place of work is.
Any person who fails to give notice as required by this subsection shall be guilty of an offence.
When a respondent against whom a contribution order is in force, removes to and becomes resident or takes up employment in a district other than that of the court which made the order, that court shall, without prior notice to the respondent, vary the order by designating as the officer to whom payment shall be made, an officer of the corresponding court of the district to which the respondent has removed or in which he has taken up employment, and when a court has so varied an order it shall transmit a certified copy of the order to the court to which the officer so designated is attached and inform the respondent by notice in writing of the variation of the order, and thereupon the order shall have effect and be enforceable as if it were an order of such lastmentioned court.
An appeal shall lie against any contribution order or against the variation, suspension, rescission or revival of a contribution order or against the refusal of an application for a contribution order or for the variation, suspension, rescission or revival of a contribution order, to the competent Division of the Supreme Court of South Africa and, if brought, shall be noted and prosecuted as if it were an appeal against a civil judgment of a magistrate's court.
If such an appeal is brought by a respondent, the Minister shall be cited as respondent in the appeal.
Any summons, subpoena or notice in connection with any proceedings under this Chapter may be served without fee by any policeman in the manner prescribed by the rules framed under the Magistrates' Courts Act, 1944 (Act 32 of 1944), for the service of similar documents in civil proceedings in magistrate's courts, unless any other manner of service has been prescribed.
[Sub-s. (1) substituted by s. 16 of Act 86 of 1991.
Any writ of attachment in execution of a contribution order shall be executed by the messenger of the magistrate's court of the district in which the property to be attached is situated, and the messenger's fees and charges for the execution shall be paid out of the proceeds of the sale of any such property attached in execution and shall be levied in addition and in preference to the sum payable under the contribution order.
Save as provided in subsection (2) no costs of any proceedings under this Chapter (including an appeal mentioned in section 48) shall be recoverable by any party thereto from any other party, and no court fee shall be payable in connection with the issue or lodgement of any document in any such proceeding.
[Heading substituted by s. 17 of Act 86 of 1991.
abandons that child, or any other person who ill-treats a child, shall be guilty of an offence. [Sub-s. (1) amended by s. 18 (a) of Act 86 of 1991.
Any person legally liable to maintain a child who, while able to do so, fails to provide that child with adequate food, clothing, lodging and medical aid, shall be guilty of an offence.
Any person convicted of any offence under this section shall be liable to a fine not exceeding R20 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
[Sub-s. (3) substituted by s. 18 (b) of Act 86 of 1991.
Any person who participates or is involved in the commercial sexual exploitation of a child shall be guilty of an offence.
Any person who is an owner, lessor, manager, tenant or occupier of property on which the commercial sexual exploitation of a child occurs and who, within a reasonable time of gaining information of such occurrence, fails to report such occurrence at a police station, shall be guilty of an offence.
Any person who is convicted of an offence in terms of this section, shall be liable to a fine, or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment.
[S. 50A inserted by s. 5 of Act 13 of 1999.
Any person who abducts or removes any child or pupil, or directly or indirectly counsels, induces or aids any child or pupil to abscond from any institution, place of safety or custody in which the child or pupil was lawfully placed, or knowingly harbours or conceals a child or pupil who has been so abducted or removed or has so absconded, or prevents him from returning to the institution, place of safety or custody from which he was abducted or removed or has absconded, shall be guilty of an offence.
Any person who without the approval of the Minister removes a foster child or pupil from the Republic shall be guilty of an offence.
Subject to the provisions of this Act or any other law, no person may employ or provide work to any child under the age of 15 years.
in the case of the exemption of persons generally, be granted by the publication in the Gazette of a notice in which such persons are described and the conditions of the exemption and a description of the category of children with respect to whom exemption is granted are specified.
A certificate of exemption contemplated in subsection (3) (a) and a notice contemplated in subsection (3) (b) may at any time be amended or withdrawn by the Minister.
Any person who contravenes any provision of this section shall be guilty of an offence.
grant any particular person, or persons generally, exemption from the provisions of subsection (1).
[S. 52A inserted by s. 19 of Act 86 of 1991.
in the person in whose custody the child was placed.
The management of any such institution may authorize the head of the institution to exercise on its behalf any powers in connection with punishment and discipline which are conferred upon it in terms of this subsection.
If a minor living with his parent or guardian has, by virtue of an order made under this Act or the Criminal Procedure Act, 1977, been placed under the supervision of a social worker, the parent or guardian shall exercise his right of control over the minor in accordance with any directions which he may have received from the said social worker.
The rights transferred by subsection (1) from a parent or guardian to the management of any institution or to any other person shall not include the power to deal with any property of a pupil or child or the power to consent to the marriage of a pupil or child or to the performance upon or the provision to a pupil or child of an operation or medical treatment which is attended with serious danger to life.
If the head of the institution concerned or the person in whose custody any such pupil or child is, has reasonable grounds for believing that the performance of any operation upon or the provision of medical treatment to the pupil or child is necessary to preserve his life or to save him from a serious and lasting physical injury or disability and that the need for the operation or medical treatment is so urgent that it ought not to be deferred for the purpose of consulting the parents or guardian of the pupil or child, or the Minister, the head or the person concerned may himself authorize its performance upon or provision to the pupil or child.
Notwithstanding anything to the contrary in any law contained, a marriage of any pupil or child mentioned in subsection (1) (a) , whether contracted with or without the consent of the parent or guardian of that pupil or child, may at any time within six months after the date of the marriage, on application by the Minister to a competent Division of the Supreme Court or, where both parties to the marriage are Blacks, to the Divorce Court (if any) having jurisdiction in the area in which the pupil or child resides, be annulled by such Court if in the opinion of the Court the annulment is in the interests of the pupil or child.
Whenever in any proceedings in terms of this Act the age of any person is a relevant fact of which no or insufficient evidence is available, the officer presiding at those proceedings may estimate the age of that person by his or her appearance and from any information which is available, and the age so estimated shall for the purposes of this Act be deemed to be the true age of that person.
[Sub-s. (1) substituted by s. 6 of Act 13 of 1999.
If, after the age of any person has been estimated under subsection (1), information is submitted to the Minister which satisfies him that the age so estimated is not the true age of that person, the Minister may determine that any age, other than the estimated age, was the true age of that person on the date when the estimate was made, and thereupon the person concerned shall be dealt with as if the age so determined were the true age.
Such determination of the age shall not affect the validity of anything done before determination and which could lawfully have been done if the estimated age had been the true age.
The age of a person estimated as provided in subsection (1) or (2) shall be deemed to have been attained on the day on which the estimate was made.
The Minister may enter into an agreement with the government of any other country the territory of which formerly formed part of the Republic, for the admission to, reception into or custody or retention in an institution in the Republic of any child sent thereto or whose custody therein has been ordered by a competent court of the said country.
Notice of the conclusion of any such agreement, and a summary of the provisions of the agreement, shall be published by the Minister in the Gazette.
The Minister may direct the reception or detention in an institution, for such period and on such conditions as may be agreed upon between the Minister and the government of the country concerned, of any child mentioned in subsection (1) (a).
Subject to the provisions of subsection (2), the relevant provisions of this Act and of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall apply to a child received into or detained in an institution under the provisions of subsection (2) of this section as if he had been sent thereto under this Act or the said Criminal Procedure Act, 1977.
who satisfies such requirements or conditions as may be prescribed. [Sub-s. (1) amended by s. 20 of Act 86 of 1991.
A local authority may out of its funds make grants to any association of persons working in its area for the protection, care or control of children.
[Para. (a) deleted by s. 2 of Act 106 of 1997.
If any person has received from public moneys by way of a grant, any amount to which he was not entitled, he or, in the case of his death, his estate shall be liable to repay such amount to the Minister, unless the Minister is satisfied that he received it without knowledge that he was not entitled thereto.
Without prejudice to any other remedy, any such amount may be recovered by means of deductions from any grant payable to the person who is liable to make the repayment.
The provisions of this section shall apply with the necessary modifications in the case of any person to whom such an amount was paid for or for the benefit of any other person.
The Treasury or any other person authorized thereto by the Treasury may in its or his discretion write off the whole or any portion of any amount repayable in terms of this section if it or he is satisfied that it would be uneconomical to recover such amount or that recovery thereof would cause undue hardship.
Any person who is convicted of an offence under any provision of this Act for which no punishment is specially provided shall be liable to a fine not exceeding R4 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
[S. 58 substituted by s. 21 of Act 86 of 1991.
authorize that member of the Executive Council to perform any duty imposed upon the Minister by this Act.
authorize any such officer to perform any duty imposed upon the Minister by this Act.
authorize any such officer to perform any duty which that member is authorized to perform under subsection (2).
authorize a provincial Director-General to perform any duty imposed upon the Director-General by this Act.
authorize any such officer to perform any duty he or she is authorized to perform under subsection (5).
Any person to whom any power has been delegated or who has been authorized to perform a duty under this section, shall exercise that power or perform that duty subject to such conditions as the person who effected the delegation or granted the authorization, considers necessary.
authorize any such officer to perform any duty imposed upon the Director-General by this Act.
may at any time be withdrawn in writing by that person.
[S. 59 substituted by s. 16 of Act 96 of 1996.
[Para. (c) substituted by s. 17 of Act 96 of 1996.
[Para. (d) substituted by s. 17 of Act 96 of 1996.
[Para. (e) substituted by s. 17 of Act 96 of 1996.
[Para. (e A) inserted by s. 22 of Act 86 of 1991.
as to any matter which in terms of this Act is required or permitted to be prescribed by regulation, and generally as to any matter which he may deem it necessary or expedient to prescribe in order to achieve the objects of this Act, and the generality of this provision shall not be limited by the preceding paragraphs of this subsection.
Any regulations under paragraph (i) of subsection (1) may be made with retrospective effect from a date determined with the concurrence of the Minister of Finance.
Different regulations may be made under subsection (1) in respect of different areas or in respect of different categories or classes of persons, institutions and places of care.
Regulations made under subsection (1) may prescribe penalties for any contravention of or failure to comply with their provisions, not exceeding a fine of R200.
The State President may by proclamation in the Gazette assign the administration of the provisions of this Act, either generally or in respect of persons belonging to any specific class or category as defined in the said proclamation, to any Minister or partly to one Minister and partly to another Minister or other Ministers, and may in such proclamation specify the powers and functions which shall be exercised and performed by the several Ministers, and may further specify that any power or duty conferred or imposed by this Act upon the Minister shall be exercised or performed by one Minister acting with the concurrence of another Minister.
The State President may by like proclamation vary or amend any such proclamation.
62 Amends section 25 of the Marriage Act 25 of 1961 by substituting subsection (1).
Subject to the provisions of subsection (2), the laws specified in the Schedule are hereby repealed to the extent set out in the third column of the Schedule.
Any regulation, appointment, notice, order, leave of absence, agreement, payment or certificate made, issued, given, granted or entered into and any other action taken under any provision of a law repealed by subsection (1) and which could be made, issued, given, granted, entered into or taken under any provision of this Act, shall be deemed to have been made, issued, given, granted, entered into or taken under the corresponding provision of this Act, and if this Act does not contain any such corresponding provision, shall be proceeded with, disposed of and given effect to in so far as the Minister has not provided otherwise.
Any order made under section 31 (1) (a) of the Children's Act, 1960 (Act 33 of 1960), shall be deemed to have lapsed with effect from the date of commencement of this Act.
[Sub-s. (3) added by s. 23 of Act 86 of 1991.
(c) and (d) of section 15 (1) of this Act, respectively. [Sub-s. (4) added by s. 23 of Act 86 of 1991.
This Act shall be called the Child Care Act, 1983, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Act 33 of 1960 Children's Act, 1960 The whole, except in so far as it relates to the appointment of probation officers and the establishment, maintenance and management of schools of industries and reform schools.
Act 69 of 1962 Commonwealth Relations Act, 1962 Sections 69 and 70.
Children's Amendment Act, 1977 Section 34.
Sections 15 and 16.
Sections 18 and 19.
Sections 50 and 51.
A child may have legal representation at any stage of a proceeding under this Act.
A children's court shall inform a child who is capable of understanding, at the commencement of any proceeding, that he or she has the right to request legal representation at any stage of the proceeding.
A children's court may approve that a parent may appoint a legal practitioner for his or her child for any proceeding under this Act, should the children's court consider it to be in the best interest of such child.
A children's court may, at the commencement of a proceeding or at any stage of the proceeding, order that legal representation be provided for a child at the expense of the state, should the children's court consider it to be in the best interest of such child.
If a children's court makes an order referred to in subsection (4), the clerk of the children's court shall request the Legal Aid Board, established under section 2 of the Legal Aid Act, 1969 (Act 22 of 1969), to appoint a legal practitioner to represent the child.
After the appointment of a legal practitioner referred to in subsection (5), the children's court shall refer the matter to the Legal Aid Board for evaluation and a report thereon.
The Legal Aid Board shall, subject to the provisions of the Legal Aid Guide referred to in section 3A of the Legal Aid Act, 1969, evaluate the matter and compile a report thereon.
any other particulars which, in the opinion of the Legal Aid Board, have to be taken into account.
The report shall be submitted by the Legal Aid Board to the clerk of the children's court, who shall make a copy thereof available to the children's court.
the guardian of the child concerned.
If a children's court makes an order referred to in subsection (4), the clerk of the children's court shall be responsible for requesting the legal aid officer in respect of the magisterial district concerned, to appoint a legal practitioner, in accordance with the legal aid guide determined by the Legal Aid Board, to represent the child.
The Legal Aid Board, established under section 2 of the Legal Aid Act, 1969 (Act 22 of 1969), is designated to provide legal representation at the expense of the State pursuant to an order made by the children's court in terms of subsection (4).
any other particulars which, in the opinion of the children's court have to be taken into account.
Prior to making an order in terms of paragraph (a) , the children's court shall have regard to any recommendation made by the legal representative appointed by the legal aid officer in terms of subsection (5) so as to make an appropriate order regarding the recovery of costs in terms of paragraph (a).
The order in terms of paragraph (a) shall be deemed to be an order as to costs in favour of and recoverable by the Legal Aid Board.
To amend the Child Care Act, 1983, so as to substitute certain definitions; to abolish the Child Welfare Advisory Council; to provide that a child who has a parent or guardian who cannot be traced, may be brought before a children's court, which can hold an inquiry and make an order in respect of such a child; to further regulate the powers of the children's courts; to further regulate the designation of a children's home or school of industries as a result of an order of a children's court; to further regulate the qualifications for adoption of children; to increase fines; to provide for the observation, examination and treatment of children in places of safety; to further regulate the transfer of a child from an institution or custody to the custody of his parents or guardian; to make it an offence to counsel, to induce or to aid a pupil or child to whom leave of absence was granted not to return or to prevent him from returning to the institution or custody from which leave of absence was granted; to further regulate the medical treatment of children; to abolish the requirement that the race classification of a child and the person in whose custody the child is placed should be the same; to further regulate the notification of injured children and children who suffer from a nutritional deficiency disease; to make the offence relating to the ill-treatment of children applicable to all persons; to prohibit the employment of certain children; to further regulate the financial support for the maintenance of pupils and certain children; and to authorize the Minister to make regulations as to the search of children in places of safety; and to provide for incidental matters.
1 Amends section 1 of the Child Care Act 74 of 1983 , as follows: paragraph (a) substitutes the definition of 'local authority'; and paragraph (b) substitutes the definition of 'social worker'.
2 Repeals Chapter 1 of the Child Care Act 74 of 1983.
3 Amends section 8 (3) of the Child Care Act 74 of 1983 by substituting the words preceding the proviso in the Afrikaans text.
4 Amends section 13 of the Child Care Act 74 of 1983 by substituting subsections (2) and (3).
5 Amends section 14 (4) of the Child Care Act 74 of 1983 by inserting paragraph (a A).
6 Amends section 15 of the Child Care Act 74 of 1983 as follows: paragraph (a) substitutes subsection (1); and paragraph (b) adds subsection (5).
7 Substitutes section 17 of the Child Care Act 74 of 1983.
8 Amends section 24 of the Child Care Act 74 of 1983 by substituting subsection (2).
9 Amends section 28 of the Child Care Act 74 of 1983 by substituting subsection (1).
10 Amends section 34 of the Child Care Act 74 of 1983 by inserting subsection (1A).
11 Amends section 35 of the Child Care Act 74 of 1983 by adding subsection (3).
17 Substitutes the heading to Chapter 8 of the Child Care Act 74 of 1983.
substitutes subsection (3).
19 Inserts section 52A in the Child Care Act 74 of 1983.
20 Amends section 56 (1) of the Child Care Act 74 of 1983 by adding paragraph (c).
21 Substitutes section 58 of the Child Care Act 74 of 1983.
24 Substitutes the long title of the Child Care Act 74 of 1983.
This Act shall be called the Child Care Amendment Act, 1991.
To amend the Child Care Act, 1983, so as to amend, insert or delete certain definitions; to provide for legal representation for children; to shift the focus from the unable or unfit parent to the child in need of care; to further regulate the provisions relating to the adoption of children; to provide for the registration of shelters; to extend the inspection of children's homes and places of care; to further regulate the medical treatment of children; to further regulate the notification in respect of injured children; to provide for the delegation of powers to the provinces; to extend the application of the Act to the former TBVC states and self-governing territories; to repeal certain laws; and to provide for incidental matters.
inserts the definition of 'shelter'; paragraph (g) substitutes the definition of 'social worker'; and paragraph (h) substitutes the definition of 'welfare organization'.
2 Inserts section 8A in the Child Care Act 74 of 1983 . [Date of commencement of s. 2: to be proclaimed.
5 Amends section 14 of the Child Care Act 74 of 1983 , as follows: paragraph (a) substitutes subsections (1) and (2); paragraph (b) substitutes in subsection (4) the words preceding paragraph (a) ; paragraph (c) inserts subsection (4) (a B) ; and paragraph (d) deletes subsection (4) (b).
6 Amends section 15 (1) of the Child Care Act 74 of 1983 by substituting the words preceding paragraph (a).
7 Amends section 18 of the Child Care Act 74 of 1983 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (4) (d) ; paragraph (c) substitutes subsection (4) (g) ; and paragraph (d) adds subsections (8) and (9).
8 Amends section 19 (b) of the Child Care Act 74 of 1983 , as follows: paragraph (a) substitutes subparagraphs (iii) and (iv); and paragraph (b) deletes subparagraph (v).
9 Amends section 24 of the Child Care Act 74 of 1983 by substituting subsection (1).
10 Repeals section 27 of the Child Care Act 74 of 1983.
11 Amends section 30 of the Child Care Act 74 of 1983 , as follows: paragraph (a) inserts subsection (2A); and paragraph (b) substitutes subsections (3) and (4).
12 Amends section 31 of the Child Care Act 74 of 1983 , as follows: paragraph (a) substitutes subsections (1) and (2); and paragraph (b) adds subsections (4) and (5).
13 Amends section 32 of the Child Care Act 74 of 1983 by substituting subsection (3).
14 Amends section 39 of the Child Care Act 74 of 1983 by substituting subsection (2).
15 Amends section 42 of the Child Care Act 74 of 1983 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsections (5) and (6).
16 Substitutes section 59 of the Child Care Act 74 of 1983.
(d) and (e).
Subject to subsection (2), the laws mentioned in the Schedule to this Act are hereby repealed to the extent indicated in the third column thereof.
Anything done under a law repealed by subsection (1) shall be deemed to have been done under the corresponding provision of the principal Act.
If the principal Act does not contain such a corresponding provision it shall be finalised as if the law has not been repealed, unless the Minister determines otherwise.
Notwithstanding the provisions of this Act any social worker who is accredited by the South African Association of Social Workers in Private Practice to do adoption work shall, at the date of the commencement of this Act, be deemed to be an accredited social worker for a period not exceeding a date fixed by proclamation in the Gazette , which date shall not exceed one year after sections 1 and 7 of this Act have come into operation.
The principal Act shall apply throughout the Republic.
This Act shall be called the Child Care Amendment Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette , and different dates may be so fixed in respect of different provisions thereof.
To amend the Child Care Act, 1983, so as to provide for a right of appeal against certain orders relating to children; to provide for the establishment of secure care facilities; to revoke the power of the Minister to transfer certain pupils and children to any institution, custody or supervision mentioned in section 290 of the Criminal Procedure Act, 1977; to provide for the prohibition against the commercial sexual exploitation of children; and to make further provision for the estimation of a person's age in certain proceedings; and to provide for matters connected therewith.
1 Amends section 1 of the Child Care Act 74 of 1983 , as follows: paragraph (a) inserts the definition of 'commercial sexual exploitation'; and paragraph (b) inserts the definitions of 'secure care' and 'secure care facility'.
2 and 3 Insert respectively sections 16A and 28A in the Child Care Act 74 of 1983.
4 Amends section 34 of the Child Care Act 74 of 1983 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) deletes subsection (3).
5 Inserts section 50A in the Child Care Act 74 of 1983.
6 Amends section 54 of the Child Care Act 74 of 1983 by substituting subsection (1).
This Act is called the Child Care Amendment Act, 1999, and comes into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.1984061En.2012-02-10.en.txt</fn>
Only a natural person may institute an action in a court and, subject to the provisions of section 14 (2), a juristic person may become a party to an action in a court only as defendant.
A party to an action shall appear in person before the court and, subject to the provisions of subsection (4), shall not be represented by any person during the proceedings.
[Sub-s. (2) substituted by s. 4 (a) of Act 92 of 1986.
[Sub-s. (3) deleted by s. 4 (b) of Act 92 of 1986.
A juristic person shall be represented in a court by its duly nominated director or other officer.
(a) Subject to the provisions of this section, the Minister or any officer of the Department of Justice with the rank of director, or an equivalent or higher rank, delegated thereto in writing by the Minister may appoint one or more commissioners for any court.
[Para. (a) substituted by s. 5 (a) of Act 92 of 1986 and by s. 4 of Act 26 of 1999.
actions for counterclaims not exceeding the amount determined by the Minister from time to time by notice in the Gazette , in respect of any cause of action mentioned in paragraphs (a) to (e).
18 Abandonment of part of claim abandon a part of that claim or counterclaim.
A claim exceeding the jurisdiction of a court and based on one and the same cause of action may not be split with the object of recovering it in more than one action, if the parties to those actions and the point in issue in those actions would be the same.
If a court is of the opinion that a case contains difficult or complex questions of law or of fact which cannot adequately or fairly or should not be decided by it, it shall stop the proceedings.
No person shall be bound to institute an action in terms of this Act in respect of a claim which may also be adjudicated upon in another court of law, but if an action is so instituted, the defendant shall be subject to the jurisdiction of the court in question.
Any provision in an agreement to the effect that the jurisdiction of a court shall be excluded, or that a party thereto shall not institute an action in terms of this Act, other than a provision to the effect that a dispute arising from the agreement shall be resolved by arbitration, shall be void.
No new rule and no amendment or repeal of a rule shall come into operation unless it has been published in the Gazette at least 30 days before the day upon which it is expressed to come into operation.
Subject to the provisions of this Chapter, the rules of the law of evidence shall not apply in respect of the proceedings in a court, and a court may ascertain any relevant fact in such manner as it may deem fit.
Evidence to prove or disprove any fact in issue, may be submitted in writing or orally.
A party shall not question or cross-examine any other party to the proceedings in question or a witness called by the latter party, but the presiding commissioner shall proceed inquisitorially to ascertain the relevant facts, and to that end he may question any party or witness at any stage of the proceedings: Provided that the commissioner may in his discretion permit any party to put a question to any other party or any witness.
Subject to the provisions of subsection (2), a party may call one or more witnesses to prove his claim, counterclaim or defence.
Until judgment has been given in an action arising from a business or profession carried on or exercised by the plaintiff, the plaintiff may not deliver a summons referred to in paragraph (a) to the clerk of the court in respect of any other action arising from that business or profession.
[Para. (b) added by s. 3 of Act 63 of 1989.
Apart from the summons no pleadings shall be required of the parties, but the defendant may at any time before the hearing lodge with the clerk of the court a written statement setting forth the nature of his defence and particulars of the grounds on which it is based, and a copy of that statement shall be furnished to the plaintiff by the defendant.
Two or more defendants may be sued in the alternative or both in the alternative and jointly in one action, if the plaintiff alleges that he is uncertain which of the defendants is in law liable for his claim: Provided that on application by one or more of the defendants the court may in its discretion order that separate trials be held, or make such other order as it may deem just and expedient.
The amendment may be made upon such conditions as the court may deem reasonable.
an order, on such conditions as the court may deem fit, against the party for whom judgment has been granted, deferring wholly or in part further proceedings upon the judgment for a specified period pending arrangements by the other party for the satisfaction of the judgment.
admits liability and consents to judgment in writing; or fails to appear before the court on the trial date or on any date to which the proceedings have been postponed, the court may, on application by the plaintiff, grant judgment for the plaintiff in so far as he has proved the defendant's liability and the amount of the claim to the satisfaction of the court, and the court may dismiss any counterclaim by the defendant.
[Para. (a) substituted by s. 1 of Act 2 of 1992.
correct patent errors in any judgment, provided, in the case of an application, the application is made not later than one year after the applicant first had knowledge of any errors.
[S. 36 substituted by s. 4 of Act 63 of 1989.
Money payable in terms of a judgment or order of a court, shall be paid by the judgment debtor direct to the judgment creditor.
When a court grants judgment for the payment of a sum of money, the court shall enquire from the judgment debtor whether he is able to comply with the judgment without delay, and if he indicates that he is unable to do so, the court may, in camera , conduct an inquiry into the financial position of the judgment debtor and into his ability to pay the judgment debt and costs.
[Para. (b) deleted by s. 5 (a) of Act 63 of 1989.
The clerk of the court shall, upon the written application of the judgment creditor accompanied by an affidavit specifying the amount and the costs still owing under the judgment or order and how that amount is arrived at, transmit that affidavit, together with a certified copy of that judgment or order reflecting the nature of the cause of action, to the clerk of the magistrate's court of the district in which the judgment debtor resides, carries on business or is employed, or, if the judgment debtor is a juristic person, of the district in which its registered office or main place of business is situated.
Upon receipt of the documents referred to in subsection (2) the clerk of the magistrate's court concerned shall record the details of the judgment or order concerned and the amount owing mentioned in the affidavit in his registers.
[S. 44 amended by s. 10 of Act 92 of 1986 and repealed by s. 7 of Act 63 of 1989.
A judgment or order of a court shall be final and no appeal shall lie from it.
to (d) inclusive.
Any person who wilfully insults a commissioner during the session of his court, or a clerk or messenger or other officer present at that session, or who wilfully interrupts the proceedings of a court or otherwise misbehaves himself in the place where the session of a court is held, shall, without prejudice to the provisions of section 4 (3), be liable to be sentenced summarily or upon summons to a fine not exceeding R500 or to imprisonment for a period not exceeding six months, or to such imprisonment without the option of a fine.
The expressions 'Lower Courts Act', 'sheriff', 'deputy sheriff' and 'civil court' have been substituted for the expressions 'Magistrates' Courts Act', 'messenger of the court', 'deputy messenger of the court' and 'magistrate's court', wherever they occur.
To amend the Small Claims Courts Act, 1984, so as to provide for the establishment of a small claims court also for more than one magisterial district or for a part of such a district; the granting of the power to the Minister of Justice or to a magistrate to establish a small claims court for a district for the adjudication of a particular claim or claims; to relieve the small claims court of the obligation of making use of the services of an interpreter; to amend the provisions relating to the right of appearance of certain persons; to empower the Minister of Justice to adjust the monetary limit in respect of certain causes of action; and to effect an improvement in the English text; and to provide for incidental matters.
2 Amends section 5 of the Small Claims Courts Act 61 of 1984 by substituting subsection (2).
6 Amends section 11 of the Small Claims Courts Act 61 of 1984 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (2).
[Date of commencement of s. 8: 1 January 1987.
This Act shall be called the Small Claims Courts Amendment Act, 1986.
substitutes the words following subsection (2) (c) ; and paragraph (b) substitutes subsection (3).
[Date of commencement of s. 5: 20 May 1991.
1 Amends section 2 of the Small Claims Courts Act 61 of 1984 by deleting the word 'and' at the end of subsection (1) (a A) and by adding paragraphs (c) , (d) and (e) to subsection (1).
1 Amends section 36 of the Small Claims Courts Act 61 of 1984 by substituting paragraph (a).
The mission of three African presidents left Cote d'Ivoire on Wednesday without any sign of success. However, the mission has promised a second chance to find a peaceful solution to Cote d'Ivoire's crisis.
Having arrived in the afternoon, they first met with the special representative of the UN secretary general in Cote d'Ivoire, Choi Young jin, who explained to them Cote d'Ivoire's electoral process and the methodology used to arrive at the certification of the results.
"I want to thank you very much. I hope to see you very soon," Gbagbo told them on the steps of the presidential palace.
Gbagbo is facing mounting pressure to step down after the November 28 presidential run-off, in which the electoral commission says Ouattara had the victory. But the Constitutional Council rejected the results, declaring Gbagbo as the winner.
<fn>GOV-ZA.198461SmallclaimsRegEn.2012-02-10.en.txt</fn>
The Minister of Justice has under and by virtue of the powers vested in him by section 25(1) of the Small Claims Courts Act, 1984 (Act 61 of 1984), made the rules contained in the Annexure hereto regulating matters in respect of Small Claims Courts, with effect from 1 October 1985.
Description Rule No.
Actions by and against partners, a person carrying on business in a name or style other 27 than his own name, syndicate or association.
'the Act' means the Small Claims Courts Act, 1984 (Act 61 of 1984).
(a) The Minister may establish a board as contemplated in section 25(1) (d) of the Act for a district or area and may appoint as many members to such board as he deems fit.
A member of such a board shall hold office during the Minister's pleasure.
The Minister shall appoint the chairman and vice-chairman of the said board.
If the chairman and vice-chairman are not available, a chairman shall be appointed by the members present.
The Minister may at any time dissolve the board.
any other matter which may be necessary for the proper functioning of the court.
The summons filed in a case shall be numbered by the clerk of the court with a consecutive number for the year and recorded in a register.
Every document afterwards served or delivered in such case shall be marked with such number by the party delivering it and shall not be received by the clerk of the court until so marked.
All process delivered to the clerk of the court to be filed of record and any process of the court shall be filed of record under the number of the respective action.
Copies of such records may be made by any person in the presence of the clerk of the court.
It shall be the duty of the clerk of the court to sign (manually or by facsimile of his signature), date and issue all such process of the court as may be sued out by any person entitled thereto.
Any act or notice to be performed or signed by the clerk of the court in terms of these Rules may be performed or signed by a legal assistant or a commissioner except that no commissioner shall write out a statement or process for any party.
Subject to the provisions of section 29(2) of the Act, all process of the court shall be served or executed through the sheriff. The sheriff shall be, under an obligation to render a service only if the party who desires the service has remunerated him beforehand for the said service.
Service or execution of process of the court shall, after payment of the remuneration, be effected without any avoidable delay, and the sheriff shall, in any case where resistance to the due service or execution of the process of the court has been met with or is reasonably expected, have power to call upon any member of the Force as defined in section 1 of the Police Act, 1958 (Act 7 of 1958), to render him aid.
in writing notify the party who sued out the process that he has been unable to effect service or execution, and of the reason for such inability, and return the said process to such party, and shall keep a record of any process so returned.
Although a sheriff shall be under an obligation to render a service only if he has been remunerated for the said service beforehand, he shall nevertheless, after service or attempted service of any process, specify the total amount of his charges on the original and all copies thereof and the amount of each of his charges separately on the return of service.
The legal assistant shall render to any person who has so requested him advice in regard to any action which falls within the jurisdiction of the court.
If he is so requested, the legal assistant shall render assistance with the drafting of the process of court.
Any act to be performed by the legal assistant in terms of these Rules may be performed by the clerk of the court.
'I,(full name), do hereby swear/truly affirm that whenever I may be called upon to perform the functions of an interpreter in any proceedings in any small claims court I shall truly and correctly to the best of my ability interpret from the language I may be called upon to interpret into either of the official languages and vice versa .'.
Such oath or affirmation shall be taken or made and administered in the manner prescribed for the taking or making and administration of an oath or affirmation.
'I swear that the evidence that I shall give shall be the truth, the whole truth and nothing but the truth, so help me God.'.
'I solemnly affirm that the evidence that I shall give, shall be the truth, the whole truth and nothing but the truth.'.
The validity of an oath duly taken by a witness shall not be affected if such witness does not on any of the grounds referred to in subsection (1) (b) decline to take the oath.
The letter of demand referred to in section 29(1) of the Act shall at least contain particulars of the facts upon which the claim is based and the amount.
The plaintiff shall prove by means of an affidavit or by a registered post receipt that the letter of demand referred to in section 29(1) of the Act has been delivered to the defendant.
The summons shall be served on the defendant not less than 10 days before the date of trial.
The summons shall be signed by the clerk of the court and shall bear the date of issue by him.
The summons shall conform or be as close as possible to Form 1 of Annexure 1.
The summons shall be signed by the plaintiff.
The full address of the plaintiff shall be given in the summons.
38, 39, 40 and 43 of the Act.
sheriff.
The particulars of claim shall show the nature and amount of the claim or claims, as the case may be.
The particulars shall also show any abandonment of part of the claim under section 18 of the Act and any set-off under section 19 of the Act.
Where the summons contains more than one claim, the particulars of each claim and the relief sought in respect of each claim shall be stated separately.
show the first name, surname, sex and the residence or place of business of the plaintiff.
Subject to the provisions of this rule, a summons may before service be amended by the plaintiff as he thinks fit.
Any alteration or amendment of a summons before service and whether before or after issue, shall, before the summons is served, be initialled by the clerk of the court on the original summons, and until so initialled such alterations and amendments shall have no effect.
The plaintiff shall make as many copies of the summons as there are persons to be served.
On demand, the original of the summons, shall be exhibited to the person upon or against whom the summons is served.
Where the person to be served keeps his residence or place of business closed and thus prevents the plaintiff from serving the summons, the plaintiff shall be authorised to call upon the sheriff to serve the summons.
The plaintiff shall deliver the original summons and the return of service to the clerk of the court as soon as possible.
A party requiring service of any process to be made by the sheriff shall deliver to him the original of such process, together with as many copies thereof as there are persons to be served.
The sheriff shall, on demand by the person upon or against whom process is served, exhibit to him the original of the process except where service has been effected by post, in which case the original may be inspected where it is filed of record.
Where the person to be served keeps his residence or place of business closed and thus prevents the sheriff from serving the process, it shall be sufficient service to affix a copy thereof to the outer or principal door of such residence or place of business.
Where the sheriff is unable after diligent search to find at the residence or domicilium citandi of the person to be served either that person or a person referred to in subrule (2) (b) or, in the case of a body corporate referred to in subrule (2) (e) , a responsible employee, it shall be sufficient service to affix a copy of the process to the outer or principal door of such residence, local office or principal place of business or to leave a copy of the process at such domicilium.
If it comes to the sheriff's knowledge that the person on whom service must be made has a new residential address, the sheriff shall serve the process on the person at his new address.
Where the relief claimed in any action is limited to an order for ejectment from certain premises or land or a judgment for the rent thereof and for the cost of such proceedings and it is not possible to effect service in the manner, prescribed in subrule (2), service of process may be effected by affixing a copy thereof to the outer or principal door of such premises or on some other conspicuous part of the premises or land in question.
Where the court is satisfied that service cannot be effected in any manner hereinbefore prescribed and that the action is within its jurisdiction, it may make an order allowing service to be effected by the person and in the manner specified in such order.
Where service of process may be effected by registered post such service shall, unless otherwise provided, be effected by the sheriff placing a copy of such process in an envelope and addressing and posting it by prepaid registered letter to the address of the party to be served and making application at the time of registration for an acknowledgment by the addressee of the receipt thereof as provided in regulation 44(5) of the regulations published under Government Notice R550 of 14 April 1960.
A receipt form completed as provided in regulation 44(8) of the said regulations shall be a sufficient acknowledgment of receipt for the purposes hereof.
by registered post: Provided that where such service has been effected in the manner prescribed by paragraphs (b) , (c) or (e) , the sheriff shall indicate in the return of service of the process the name of the person to whom it has been delivered and the capacity in which such person stands in relation to the person, body corporate or institution affected by the process, and where such service has been effected in the manner prescribed by paragraphs (b) , (c) or (f) , the court may, if there is reason to doubt whether the process served has come to the actual knowledge of the person to be served, and in the absence of satisfactory evidence, treat such service as invalid.
in the case of a syndicate, unincorporated company, club, society or church, when service may be effected by delivery at the local office or place of business of such body or, if there be none such, by service on the chairman or secretary or similar officer thereof in any manner hereinbefore prescribed.
If no such acknowledgment be received the sheriff shall state the fact in his return of service of the process.
'This letter must not be readdressed. If delivery is not effected before 19, this letter must be delivered to the sheriff of the small claims court at......................................'.
A statement in terms of section 29(3) of the Act shall be signed by the defendant.
For the purposes of this rule 'defendant' includes any person upon whom a summons has been served and who alleges that he is not the defendant cited in the summons and enters appearance to defend on that ground.
A claim in reconvention shall be made by stating in the written statement of defence such particulars of the claim in reconvention as are required in terms of rule 10 in respect of a claim.
It the defendant's consent to judgment is for less than the amount claimed in the summons, he may still enter a written statement of defence in respect of the balance of the claim. Notwithstanding a judgment upon such consent, the action may proceed in respect of such balance and shall be in all subsequent respects an action for such balance.
lodge with the clerk of the court the copy of the summons served on him with the form of consent endorsed thereon duly signed by him.
A party who desires to lodge a statement of defence or another document in regard to the action, may before delivery amend the statement of defence or other document as he deems fit.
The process for the execution of any judgment, for the surrender of property whether movable or immovable, or for ejectment shall be by warrant issued and signed by the clerk of the court and addressed to the sheriff.
Such process may be sued out by any person in whose favour any such judgment shall have been given if such judgment is not then satisfied, stayed or suspended.
Such process may at any time, on payment of the fees incurred, be withdrawn or suspended by notice to the sheriff by the party who has sued out such process. A request in writing made from time to time by such party to defer execution of such process for a definite period not being longer than one month shall not be deemed to be a suspension.
Any alterations in such process shall be initialled by the clerk of the court before it is issued by him.
The clerk of the court shall at the request of the party entitled thereto reissue process referred to in subrule (1) without the court having sanctioned the reissue.
Any such process shall be invalid if a wrong person is named therein as a party, but no such process shall be invalid merely by reason of the misspelling of any name therein, or of any error in respect of date.
Where any warrant has been lost or mislaid, the clerk of the court may upon the written application of any interested party issue a second or further warrant on such conditions as he may determine.
'This second or further warrant (describe nature of warrant) was issued by the clerk of the small claims court on (date) and replaces any warrant ................................... (described nature of warrant) instead of which it is issued or reissued.'.
' Cancelled . Fresh warrant (describe nature of warrant) issued by the clerk of the court dated '.
Such endorsement shall be signed and dated by the clerk of the court.
The fact that a second or further warrant has been issued and the date thereof, shall be endorsed on the summons with which the action was instituted.
The withdrawal of an action or a decree of absolution from the instance shall not be a defence to any subsequent action.
It shall not be necessary for any person to file a power of attorney to act on behalf of a legal entity, but the authority of any person acting for such a party may be challenged by the other party during the proceedings after he has noticed that such person is so acting and thereupon such person may not without the leave of the court so act further until he has satisfied the court during the proceedings that he has authority so to act.
If a party dies or becomes incompetent to continue an action the action shall thereby be stayed until such time as an executor, trustee, guardian or other competent person has been appointed in his place or until such incompetence shall cease to exist.
Where an executor, trustee, guardian or other competent person has been so appointed, the court may, on verbal application, order that he be substituted in the place of the party who has so died or become incompetent.
Except where otherwise provided in these Rules, failure to comply with these Rules or with any request made in pursuance thereof shall not be ground for the giving of judgment against the party in default.
Where any provision of these Rules or any request made in pursuance of any such provision has not been fully complied with the court may on application order compliance therewith within a stated time.
Where any order so made is not fully complied with within the time so stated, the court may forthwith give judgment in the action against the party so in default.
No process shall be invalid by reason of any obvious error in spelling or in figures or of date.
If any party has in fact been misled by any such error in any process served upon him, the court may on verbal application grant him such relief as may be deemed just and may for that purpose set aside the process and rescind any default judgment given thereon.
Where a judgment or order of costs is made against two or more persons it shall, unless the contrary is stated, have effect against such persons severally as well as jointly.
The fees and travelling expenses to be taken by a sheriff shall be those prescribed in Part II of Annexure 2.
Any person carrying on business in a name or style other than his own name or two or more persons who are co-partners may be sued in such name or style or in the name of the partnership.
The provisions of this rule shall also mutatis mutandis apply to an unincorporated company, syndicate or association.
Description Form No.
Summons commencing 1 action.
Warrant for delivery of 2 goods.
Warrant of 4 ejectment.
Issued by Case No..
1 You are hereby summoned to appear personally before this court on the day of19...... at ................h...... to admit or deny your liability for the undermentioned claim.
If you deny liability, you may at any time before the trial deliver to the clerk of the court at.
(address) a written statement setting out the nature of your defence and the particulars upon which it is based and a copy of the statement must then be delivered to the plaintiff.
(i) for arrears of rent due in respect of the defendant's tenancy of.
Notice of * abandonment of part of claim/deduction of admitted debt.
Take notice that the plaintiff hereby * abandons the undermentioned part of the claim/deducts the admitted debt set up by him in this summons.
day of, 19.
4 (a) Take notice that if you fail to appear in Court on the trial date after a summons has been served on you, judgment may be obtained against you by the plaintiff unless you have previously admitted liability to the plaintiff.
Money payable in terms of a judgment or order of court shall be paid directly to the judgment creditor.
If you admit the claim and wish to consent to judgment or wish to undertake to pay the claim in instalments or otherwise, you may approach the plaintiff.
RULES REGULATING MATTERS IN RESPECT OF SMALL CLAIMS COURTS Page 16 of 21 5 Take notice that you and all other persons are hereby interdicted from removing or causing or suffering to be removed any of the furniture or effects in or on the premises described in the particulars of claim endorsed hereon which are subject to the plaintiffs hypothec for rent until an order relative thereto shall have been made by the court.
and if he has let it be known that he is not in a position to comply with the judgment, the court may in chambers institute an investigation into the judgment debtor's financial position and his ability to pay the judgment debt and costs.
7 The sheriff's fees areR.
I admit that I am liable to the plaintiff as alleged in this summons (or to the amount of R and costs to date) and I accordingly consent to judgment.
In the Small Claims Court for the Area of.
Case No. 19.
And return to this court what you have done by virtue hereof.
Dated thisday of, 19.....
Case No. of 19.
Whereas in this action the said plaintiff on the.
Dated thisday of, 19......
for every photocopy of an A4 size page or part thereof: R0,50.
within a distance of 20 kilometres but further than 12 kilometres from the courthouse of the magisterial district within which the summons shall be served: R15,00.
within a distance of 20 kilometres but further than 12 kilometres from the courthouse of the magisterial district within which the summons shall be served: R12,00.
within a distance of 20 kilometres but further than 12 kilometres from the courthouse of the magisterial district within which the warrant shall be executed: R20,00.
Where the warrant is one for ejectment, a further fee of R5,00 shall be paid after the execution thereof for each person over and above the person named or referred to in the warrant of ejectment in fact ejected from separate premises: Provided that where service on any person other than the judgment debtor is necessary in order to complete the execution, the fees mentioned in item 1 (a) may be charged for each such service.
within a distance of 20 kilometres but further than 12 kilometres from the courthouse of the magisterial district within which the warrant shall be executed: R16,00.
3 If it is necessary for the sheriff to travel further than 20 kilometres from the court-house of the magisterial district within which a process must be served or executed, a travelling allowance of 70c per kilometre for each kilometre or part thereof travelled further than the aforesaid distance to and from the place of service or execution shall be allowed in addition to the fees mentioned in item 1 (a) (iii), 1 (b) (iii), 2 (a) (iii) or 2 (b) (iii), as the case may be.
4 (a) In respect of the discharge of any official duties other than those mentioned in items 1 and 2, a travelling allowance of 70c per kilometre for each kilometre or part thereof shall be payable to the sheriff for the forward and return journey, which shall be calculated from the court-house of the magisterial district within which the official duty is to be performed.
A travelling allowance shall include all the expenses incurred in travelling, including train fares.
where service of the same process has to be effected on more than one person by a sheriff within the area served by him, only one charge for travelling shall be made.
5 For the ejectment of a defendant from the premises mentioned in the warrant of ejectment: R5 for the first 30 minutes and thereafter R15 per hour or part thereof.
6 In addition to the fees prescribed, the sheriff shall be entitled to charge the amount paid by him for telephone calls.
7 For the writing of a necessary letter to an interested party in the matter: R2.
8 For the copying of the necessary documents relevant to a process handled by the sheriff: 50c per A4 size copy.
the mandator requests, before an attempted service or execution of the process, that it be returned to him: an amount of R2,50.
10 In addition to the fees prescribed in this Annexure, the sheriff shall be entitled to the amount he actually disbursed for postage.
<fn>GOV-ZA.1985107En.2012-02-10.en.txt</fn>
To provide for the making of rules for the efficient, expeditious and uniform administration of justice in the Supreme Court of Appeal, High Courts and lower courts; for that purpose to make provision for the establishment of the Rules Board for Courts of Law; and to provide for matters connected therewith.
[Long title substituted by s. 25 of Act 62 of 2000.
'Appellate Division'.
[Definition of 'Appellate Division' deleted by s. 1 (a) of Act 77 of 1989.
[NB: The definition of 'lower court' has been substituted by s. 74 of the Magistrates' Courts Amendment Act 120 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
'Supreme Court' Definition of 'Supreme Court' substituted by s. 1 (b) of Act 77 of 1989 and deleted by s.
21 of Act 62 of 2000.
There is hereby established a board called the Rules Board for Courts of Law and having the powers and duties conferred or imposed upon it by this Act or any other law.
[Para. (a) substituted by s. 22 of Act 62 of 2000 and by s. 9 of Act 42 of 2001.
[Para. (b) substituted by s. 2 (a) of Act 77 of 1989, by s. 22 of Act 62 of 2000 and by s. 9 of Act 42 of 2001.
not more than three persons who, in the opinion of the Minister, have the necessary expertise to serve as members of the Board.
The Minister may in respect of a member referred to in paragraph (d) or (e) of subsection (1) appoint a practising advocate or practising attorney, as the case may be, as an alternate member after consultation as required by the paragraph in question has taken place, to act during the absence from any meeting of the Board of the member in respect of whom he or she is so appointed, in the place of that member.
[Sub-s. (1A) inserted by s. 2 (b) of Act 77 of 1989 and amended by s. 26 (c) of Act 62 of 2000.
A member of the Board shall be appointed for a period of not more than five years, and any such appointment may be terminated at any time by the Minister if in his or her opinion there are sound reasons for doing so.
[Sub-s. (2) amended by s. 26 (d) of Act 62 of 2000.
Any person whose period of office as a member of the Board has expired, may be reappointed.
[NB: S. 3 has been substituted by s. 61 of the General Law Third Amendment Act 129 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
Meetings of the Board shall be held at the times and places determined by the chairperson or, if he or she is not available, by the vice-chairperson of the Board. [Sub-s. (1) amended by s. 26 (a) , (b) and (c) of Act 62 of 2000.
The majority of the members of the Board shall constitute a quorum for a meeting.
If the chairperson is absent from a meeting, the vice-chairperson shall act as chairperson, and if both the chairperson and the vice-chairperson are absent, the members present shall elect one of their number to preside at that meeting.
[Sub-s. (3) amended by s. 26 (a) and (b) of Act 62 of 2000.
The Board may regulate the proceedings at its meetings as it may think fit and shall cause minutes to be kept of the proceedings.
The Minister or the Board may establish committees consisting of such members of the Board as may be designated by the Board and such other persons, as if any, as the Minister may appoint for that purpose and for the period determined by him or her.
[Sub-s. (1) amended by s. 26 (e) of Act 62 of 2000.
The Minister may at any time extend the period of any appointment made by him or her under subsection (1) or, if in his or her opinion there are sound reasons for doing so, terminate such appointment.
[Sub-s. (2) amended by s. 26 (d) and (e) of Act 62 of 2000.
The Board shall designate a chairperson for every committee and, if the Board deems it necessary, a vice-chairperson. [Sub-s. (3) amended by s. 26 (a) and (b) of Act 62 of 2000.
A committee shall, subject to the directions of the Board, perform such functions of the Board as either the Minister or the Board may assign to it.
On completion of all functions assigned to it in terms of subsection (4), a committee shall submit a full report thereon to the Board, whereupon the committee shall automatically dissolve.
The Minister or the Board may at any time dissolve any committee.
The provisions of section 4 shall mutatis mutandis apply to meetings of a committee.
The Board may appoint an executive committee of the Board consisting of the chairperson, the vice-chairperson and such other members of the Board as may be determined by the Board.
[Sub-s. (1) amended by s. 26 (a) and (b) of Act 62 of 2000.
The chairperson of the Board shall be the chairperson of the executive committee. [Sub-s. (2) amended by s. 26 (a) of Act 62 of 2000.
to (t) , inclusive, of subsection (1) of section 6, read with subsections (7) and (8) of that section, or any other matter entrusted to the Board, formulate and adopt a draft resolution, which shall become a decision of the Board when a document setting out that draft resolution has been submitted to all members of the Board and has been approved by the majority of such members.
The Minister may in his or her discretion determine any matter which shall not be dealt with under this section. [Sub-s. (4) amended by s. 26 (d) of Act 62 of 2000.
[S. 5A inserted by s. 3 of Act 77 of 1989.
[Para. (a) substituted by s. 4 of Act 77 of 1989.
[Para. (p) substituted by s. 23 (b) of Act 62 of 2000.
generally any matter which may be necessary or useful to be prescribed for the proper despatch and conduct of the functions of the Supreme Court of Appeal, the High Courts and the lower courts in civil as well as in criminal proceedings.
[Para. (t) substituted by s. 23 (c) of Act 62 of 2000.
[Sub-s. (1) amended by s. 23 (a) of Act 62 of 2000.
Different rules may be made in respect of the Supreme Court of Appeal, the High Courts and the lower courts and in respect of different kinds of proceedings.
the lower courts in different magisterial districts, which shall be of force for the period or periods determined by the Board. [Sub-s. (2) substituted by s. 24 of Act 139 of 1992 and by s. 23 (d) of Act 62 of 2000.
Rules made under any provision of a law repealed by this Act and in force at the commencement of this Act, shall, subject to the provisions of this Act and notwithstanding the repeal of that provision by section 10 or 11 of this Act, remain in force until amended or repealed under this section.
No new rule or amendment or repeal of a rule shall commence unless it was published in the Gazette at least one month before the day upon which such rule, amendment or repeal is determined to commence.
Every rule and every amendment or repeal thereof shall within 14 days after it commenced be laid upon the Table in Parliament if Parliament is then in session, or if it is not then in session, within 14 days after the commencement of its next ensuing session.
The Board may advise the Minister on the monetary jurisdiction limits of lower courts, the limitation of the costs of litigation and any other matter referred to the Board by the Minister.
[NB: A sub-s. (6A) has been inserted by s. 62 of the General Law Third Amendment Act 129 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
The power to make, amend or repeal rules under subsection (1) shall include the power to make, amend or repeal rules in order to give effect to the provisions of sections 2 and 3 of the Foreign Courts Evidence Act, 1962 (Act 80 of 1962).
the practice and procedure for referring to arbitration any matter arising out of proceedings relating to a maritime claim, and the appointment, remuneration and powers of an arbitrator.
annually, on the date determined by the Minister from time to time, regarding all the functions of the Board and its committees during the period determined by the Minister.
A member of the Board who is a judge of the Constitutional Court, the Supreme Court of Appeal or a High Court shall be entitled to such allowance for travelling and subsistence expenses incurred by him or her in the performance of his or her functions in terms of this Act as the Minister with the concurrence of the Minister of Finance may determine.
[Sub-s. (1) substituted by s. 24 of Act 62 of 2000 and by s. 10 of Act 42 of 2001.
A member of the Board or of a committee who is not a judge or who is not subject to the provisions of the Public Service Act, 1994 (Proclamation 103 of 1994), shall be entitled to such remuneration, including reimbursement for travelling and subsistence expenses incurred by him or her in the performance of his or her functions in terms of this Act, as the Minister with the concurrence of the Minister of Finance may determine.
[Sub-s. (2) amended by s. 4 of Act 18 of 1996 and by s. 26 (d) and (e) of Act 62 of 2000.
[NB: S. 8 has been substituted by s. 63 of the General Law Third Amendment Act 129 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
The work incidental to the performance by the Board of its functions shall be performed by the Secretary of the Board and such other officers and employees as may be required, who shall be appointed in terms of the laws governing the public service.
[NB: A sub-s. (2) has been added to s. 9, the existing section becoming sub-s. (1), by s. 64 of the General Law Third Amendment Act 129 of 1993, a provision which will be put into operation by proclamation. See PENDLEX.
10 Repeals section 25 of the Magistrates' Courts Act 32 of 1944.
11 Amends section 43 of the Supreme Court Act 59 of 1959 , as follows: paragraph (a) deletes subsection (2) (a) ; and paragraph (b) deletes subsection (3).
This Act shall be called the Rules Board for Courts of Law Act, 1985, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
two other persons who in the opinion of the Minister have the necessary experience and knowledge to serve as members of the Board.
Not more than three members of the Board designated by the Minister, shall hold their office as members of the Board, and shall perform their functions under this Act, in a full-time capacity.
The Minister may appoint one or more additional members if he deems it necessary for the investigation of any particular matter by the Board.
referred to in subsections (2) and (3), shall be appointed for a period and on the conditions determined by the Minister, and any such appointment may be revoked at any time by the Minister if in his opinion there are good reasons therefor.
Any person whose period of office as a member of the Board has expired, shall be eligible for reappointment.
The Board may do research with reference to the functioning and structure of the courts, the criminal procedure law and the civil procedure law of the Republic in order to advise the Minister on the development, improvement or reform thereof.
is not such a judge and is not subject to the provisions of the Public Service Act, 1984 (Act 111 of 1984), shall be entitled to such remuneration, allowances (including allowances for reimbursement of travelling and subsistence expenses incurred by him in the performance of his functions under this Act), benefits and privileges as the Minister with the concurrence of the Minister of State Expenditure may determine.
In the application of subsections (1) and (2), the Minister may determine that any remuneration, allowance, benefit or privilege contemplated in those subsections, shall be the remuneration, allowance, benefit or privilege determined from time to time by or under any law in respect of any person or category of persons.
The Board may, with the approval of the Minister and the concurrence of the Minister of State Expenditure, on a temporary basis or for a particular matter which is being investigated by it, employ any person with special knowledge of any matter relating to the work of the Board, or obtain the co-operation of any body, to advise or assist the Board in the performance of its functions under this Act, and fix the remuneration, including reimbursement for travelling, subsistence and other expenses, of such person or body.
<fn>GOV-ZA.1985En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1986090En.2012-02-10.en.txt</fn>
To provide for the appointment of sheriffs, the establishment of a South African Board for Sheriffs and a Fidelity Fund for Sheriffs, the regulation of the conduct of sheriffs, and matters connected therewith.
[Long title substituted by s. 14 of Act 55 of 2003.
'auditor' means a person registered as an accountant and auditor in terms of the Public Accountants' and Auditors' Act, 1991 (Act 80 of 1991); [Definition of 'auditor' substituted by s. 1 (a) of Act 74 of 1998.
'banking institution' means an institution as referred to in section 93 of the Banks Act, 1990 (Act 94 of 1990); [Definition of 'banking institution' substituted by s. 1 (b) of Act 74 of 1998.
[Definition of 'Board' substituted by s. 12 of Act 55 of 2003.
[Definition of 'building society' substituted by s. 1 (c) of Act 74 of 1998.
[Definition of 'legal practitioner' inserted by s. 1 (d) of Act 74 of 1998.
[Definition of 'lower court' substituted by s. 1 (e) of Act 74 of 1998.
[NB: The definition of 'lower court' has been substituted by s. 10 (2) of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
[Definition of 'sheriff' substituted by s. 1 (f) of Act 74 of 1998.
'this Act' includes a regulation.
Subject to the provisions of subsection (2), the Minister may appoint in the prescribed manner for a lower or superior court a person as sheriff of that court.
The same person may be appointed as sheriff of both a lower and a superior court and two or more persons may be appointed as sheriffs of the same court.
Subject to the provisions of this section, a sheriff shall perform within the area of jurisdiction of the lower or superior court for which he has been appointed the functions assigned by or under any law to a sheriff of that court.
The Minister may describe one or more areas within the area of jurisdiction of a lower or superior court and allocate any such area to a sheriff of that court.
The Minister may, after consultation with the Board, appoint more than one sheriff for that particular area to perform the duties and functions assigned to a sheriff. [Para. (b) added by s. 2 of Act 74 of 1998.
A sheriff to whom an area has been allocated under subsection (2), shall perform his functions within that area.
The Minister may at any time alter the description of an area referred to in subsection (2).
A sheriff shall hold office, subject to the other provisions of this section, until the date on which he attains the age of 65 years, but may be reappointed for such period as the Minister may after consultation with the Board determine.
if in the opinion of the Minister reasons exist for doing so in the interest of the maintenance of effective and reliable service to the courts and the public.
A sheriff may resign by giving the Minister three months' notice in writing of his resignation.
if he or she is deemed to be removed from office in terms of section 51.
[Sub-s. (2) substituted by s. 3 of Act 74 of 1998.
in the circumstances referred to in paragraph (c) , until a successor is appointed.
if the Minister for any other reason considers it necessary.
[Sub-s. (1A) inserted by s. 1 of Act 3 of 1991.
The provisions of section 4 (2) and (3) shall apply mutatis mutandis in respect of an acting sheriff.
Any sheriff or acting sheriff may with the approval of the Board and on such conditions as the Board may determine appoint one or more deputy sheriffs, for whom he shall be responsible.
A deputy sheriff may, subject to the directions of the sheriff or acting sheriff appointing him, perform the functions of any such sheriff or acting sheriff.
Any sheriff or acting sheriff may appoint such other persons in his employ as he may consider necessary.
There is hereby established a board to be known as the South African Board for Sheriffs and which shall be a juristic person.
[S. 7 substituted by s. 13 of Act 55 of 2003.
The objects of the Board shall be the maintenance of the esteem of, the enhancement of the status of, and the improvement of the standard of training of and functions performed by, sheriffs.
The Board shall consist of 12 members appointed by the Minister.
[Para. (a) substituted by s. 11 (a) of Act 42 of 2001.
whom must be nominated by the attorneys' profession, who are fit and proper and broadly representative of the South African community and who in the opinion of the Minister are able to assist the Board in achieving its objects.
[Sub-s. (2) substituted by s. 4 (a) of Act 74 of 1998.
In constituting the Board the Minister shall have due regard to the need for the Board to be representative in respect of race, gender and geographical composition. [Sub-s. (2A) inserted by s. 4 (b) of Act 74 of 1998.
[Sub-s. (3) substituted by s. 4 (c) of Act 74 of 1998 and deleted by s. 11 (b) of Act 42 of 2001.
The Minister shall designate one of the members of the Board as the chairperson of the Board.
The Board shall elect a deputy chairperson from among its members and the deputy chairperson shall hold office for such period as the Board may determine at the time of his or her election.
[Sub-s. (4) substituted by s. 4 (d) of Act 74 of 1998.
The deputy chairperson may, if the chairperson is absent or for any reason unable to act as chairperson, perform the functions of the chairperson. [Sub-s. (5) substituted by s. 4 (e) of Act 74 of 1998.
he has been found guilty of improper conduct in accordance with Chapter IV.
Every member of the Board appointed in terms of section 9 (2) shall be appointed for a period of three years, but shall, after the expiration of the period for which he was appointed, continue to hold office for a further period, but not exceeding three months, until his successor has been appointed.
If a member of the Board appointed in terms of paragraph (a) of section 9 (2) for any reason ceases to hold office, the Minister may, after consultation with the Board and subject to section 10, appoint a sheriff in his place for the unexpired period of his term of office.
If a member of the Board appointed in terms of paragraph (b) of section 9 (2) for any reason ceases to hold office, the Minister may, subject to that paragraph and section 10, appoint a person in his place for the unexpired period of his term of office.
Any person whose term of office as a member of the Board has expired, shall be eligible for reappointment.
[Para. (c) amended by s. 21 of Act 74 of 1998.
if he has been appointed in terms of section 9 (2) (a) or 11 (2) (a) and ceases to hold office as sheriff.
The Minister may at any time remove a member of the Board from his office if sound reasons exist for doing so.
A member of the Board who is not in the fulltime employment of the State may be paid from the funds of the Board such allowances as the Board may determine in general or in any particular case.
The Board shall meet for the first time at the time and place determined by the Minister and thereafter at least once in every year at such times and places as the chairperson may determine.
[Sub-s. (1) amended by s. 21 of Act 74 of 1998.
The chairperson may at any time of his own accord or shall at the written request of not fewer than five members convene a special meeting of the Board. [Sub-s. (2) amended by s. 21 of Act 74 of 1998.
Seven members of the Board shall form a quorum for a meeting of the Board.
If both the chairperson and the deputy chairperson are absent from a meeting of the Board, the members present shall from among their number elect a person to preside at that meeting.
[Sub-s. (4) amended by s. 21 of Act 74 of 1998.
The decision of a majority of the members of the Board present at a meeting of the Board shall constitute a decision of the Board, and in the event of an equality of votes on any matter, the person presiding at the meeting in question shall have a casting vote in addition to his deliberative vote.
No decision taken by the Board or act performed under authority of the Board shall be invalid merely by reason of a vacancy on the Board or of the fact that any person not entitled to sit as a member of the Board, sat as such a member at the time when the decision was taken or the act was authorized, if the decision was taken or the act was authorized by the majority of the members of the Board present at the time and who were entitled to sit as members of the Board.
The Board may appoint such persons as it may consider necessary for the work incidental to the performance of its functions, on such conditions and at such remuneration as it may determine.
in general perform such acts as may be necessary or expedient for the achievement of its objects.
The Board may establish an executive committee of the Board consisting of the chairperson, the deputy chairperson and such other members of the Board as the Board may determine.
The chairperson of the Board shall be the chairperson of the executive committee.
[Sub-s. (2) amended by s. 21 of Act 74 of 1998.
to consider an appeal in terms of section 18 (3) (b).
[Para. (b) substituted by s. 5 of Act 74 of 1998.
The Board may set aside or vary any decision of the executive committee.
The Board may establish one or more disciplinary committees, each consisting of at least three members of the Board.
One of the members of a disciplinary committee shall be designated by the Board as chairperson of the disciplinary committee.
A disciplinary committee shall be invested and charged with the functions relating to a charge of improper conduct assigned to the Board by or under Chapter IV.
Notwithstanding the provisions of subsection (1), the Board may appoint an independent and impartial person as and when necessary who shall be vested and charged with the functions relating to a charge of improper conduct assigned to the Board by or under Chapter IV.
A person appointed in terms of paragraph (a) shall be a person who is suitably qualified in law.
A person appointed in terms of paragraph (a) may, subject to the approval of the Board, summon to his or her assistance one or two persons of skill and experience in the matter to which the action relates who are willing to sit and act as assessors in an advisory capacity.
A person or persons appointed in terms of paragraphs (a) and (c) , respectively, shall be entitled to the remuneration and allowances out of the funds of the Board which the Board, in consultation with such person, may determine.
may, in the prescribed manner and within the prescribed period after such disciplinary committee or person has made the finding or imposed the penalty, appeal to the Board against the finding or penalty.
confirm the finding or penalty appealed against.
[S. 18 substituted by s. 6 of Act 74 of 1998.
Every sheriff shall annually on or before the prescribed date pay the prescribed levy to the Board.
Different levies may be prescribed under subsection (1) in respect of different categories of acting sheriffs.
moneys which may accrue to the Board from any other source.
The Board shall utilize its funds to defray the expenses incurred by the Board in the performance of its functions in accordance with this Act, but shall utilize any money or other property donated or bequeathed to the Board in accordance with the conditions of the donation or bequest concerned.
The Board shall open an account with a banking institution or building society, and shall deposit in that account the moneys received by it in terms of this Chapter.
The Board may invest any money received in terms of this Chapter and not required for immediate use by means of deposits with the Public Investment Commissioners, a banking institution or a building society or in such other manner as the Minister may with the concurrence of the Minister of Finance determine.
The financial year of the Board shall terminate on the last day of February in each year.
as soon as possible, but not later than three months after the end of each financial year, cause annual financial statements to be prepared showing, with the appropriate particulars, moneys received and expenditure incurred by it during, and its assets and liabilities at the end of, such financial year.
The records and annual financial statements referred to in subsection (2) shall be audited by an auditor appointed by the Board.
Every sheriff shall open and keep a separate trust account, which shall contain a reference to this subsection, with a banking institution or building society, and shall forthwith deposit therein the moneys held or received by him on account of any person.
A sheriff may invest in a separate savings or other interest-bearing account opened by him with a banking institution or building society any money deposited in his trust account and not immediately required for any particular purpose.
A savings or other interest-bearing account referred to in paragraph (a) shall contain a reference to this subsection.
The amount standing to the credit of an account opened by a sheriff in terms of subsection (1) or (2), shall not form part of the assets of that sheriff or, if he dies or becomes insolvent, of his deceased or insolvent estate.
Interest on money in an account mentioned in subsection (1) or (2) shall, unless the person on whose behalf the sheriff is holding or has received those moneys, in writing indicates otherwise, be paid in the prescribed manner to the Fund by the sheriff concerned: Provided that, before a sheriff pays the interest to the Fund, he or she may deduct his or her expenses incurred in respect of his or her trust account, from the interest accrued on the trust account in accordance with a tariff and procedure prescribed by the Board.
[Sub-s. (4) substituted by s. 25 of Act 139 of 1992 and by s. 7 of Act 74 of 1998.
cause the records referred to in paragraph (a) to be audited by an auditor at least once annually.
[Sub-s. (1) substituted by s. 2 (a) of Act 3 of 1991.
An auditor who has performed an audit in terms of subsection (1) (b) shall as soon as may be practicable after completion of the audit furnish the Board with a report on his findings on the prescribed form.
If in the opinion of the Board sound reasons exist for doing so, it may by way of a notice in writing request any sheriff to submit to the Board within the period specified in the notice, which period shall not be less than 30 days after the date of the notice, such auditor's report, statement or other document relating to an account mentioned in section 22 (1) or (2) as the Board may require.
The Board may, on such conditions as it may determine, exempt a sheriff from the provisions of subsection (1) (b) of this section. [Sub-s. (4) added by s. 2 (b) of Act 3 of 1991.
If in the opinion of a competent superior court sound reasons exist for doing so, that court may upon application of the Board or any person having a direct financial interest in an account mentioned in section 22 (1) or (2), prohibit the sheriff concerned from dealing with the said account in any manner.
If a court prohibits a sheriff under subsection (1) from dealing with an account in any manner, the court may appoint a curator bonis to control and administer that account on behalf of the sheriff.
or (2) shall be wound up in the prescribed manner, and the amount standing to the credit of the account shall be paid out in the prescribed manner to the persons entitled to it.
The Fund shall be controlled and managed by the Board, which shall utilize the moneys in the Fund in accordance with this Chapter.
Moneys forming part of the Fund shall, until spent or invested in accordance with this Chapter, be paid into and kept in an account opened with a banking institution or building society.
[Para. (b) substituted by s. 8 of Act 74 of 1998.
Such account shall be called the Fidelity Fund Account for Sheriffs.
moneys required or permitted to be paid out of the Fund in accordance with this Chapter.
Any money in the Fund not immediately required for the purposes of the Fund shall be invested in the prescribed manner.
as soon as possible, but not later than three months after the end of each financial year, cause annual financial statements to be prepared showing, with the appropriate particulars, moneys received and expenditure incurred on behalf of the Fund during, and the financial state of affairs of the Fund at the end of, such financial year.
The records and annual financial statements referred to in subsection (1) shall be audited by an auditor appointed by the Board.
The Board may at its discretion enter into an agreement with an insurer who carries on an insurance business in the Republic whereby the Fund will be indemnified, to the extent and in the manner provided in the agreement, against liability for a contingency referred to in section 35.
An agreement referred to in subsection (1) shall be entered into in respect of sheriffs generally.
the acting sheriff has paid the prescribed contribution to the Board.
The Board may prescribe, in connection with indemnity insurance referred to in subsection (1) (b) , the minimum cover requirements to be complied with, the contingencies to be covered by such insurance and the circumstances under which a person who would otherwise be required to obtain such insurance, shall be exempted therefrom.
The Board may, on such conditions as it may determine, exempt a sheriff appointed under section 5 (1A) from the provisions of subsection (1) (b) or (c) of this section.
[S. 30 amended by s. 3 of Act 3 of 1991 and substituted by s. 9 of Act 74 of 1998.
[NB: In GN R1476 of 1990 (published in GG 12554 of 29 June 1990), 1 July 1990 was determined as the date on which the provisions of s. 30 would become applicable in respect of a sheriff or an acting sheriff referred to in s. 64 (2) (a) or (b) of this Act.
A sheriff may apply on the prescribed form to the Board for a fidelity fund certificate.
An application referred to in subsection (1) shall be accompanied by the prescribed contribution.
A sheriff applying in terms of subsection (1) for a fidelity fund certificate shall furnish such additional particulars in connection with his application as the Board may require.
If the Board is satisfied, after consideration of an application referred to in section 31, that the sheriff is, having regard to the provisions of section 33, a suitable person to hold a fidelity fund certificate, the Board shall issue to him a fidelity fund certificate on the prescribed form.
A fidelity fund certificate shall be valid until 31 December of the year in respect of which it has been issued.
Notwithstanding the provisions of subsection (2), the Board may at any time issue to an acting sheriff a fidelity fund certificate having a period of validity of not less than one month and not more than one year.
[Sub-s. (3) substituted by s. 10 of Act 74 of 1998.
has not obtained professional indemnity insurance to the satisfaction of the Board to cover any liability which he or she may incur in the course of the performance of his or her functions in terms of this Act.
[Para. (m) inserted by s. 11 of Act 74 of 1998.
If in respect of any sheriff who is subject to any disability mentioned in subsection (1), the Board is satisfied that, having regard to the relevant considerations, the issue of a fidelity fund certificate to him is justified in the interest of fairness towards him, the Board may, on such conditions as the Board may with the concurrence of the Minister determine, issue a fidelity fund certificate to him when he applies therefor.
if that fidelity fund certificate was issued on information subsequently proved to be false.
The Board shall cancel the fidelity fund certificate of a sheriff if it is requested by the sheriff to do so or if the sheriff ceases to hold office.
Any person who has in his possession or under his control any fidelity fund certificate cancelled under this section, shall return that certificate to the Board within 30 days after he became aware of the cancellation.
for which the sheriff, the sheriff and his deputy sheriff jointly or his deputy sheriff is liable in law.
A claim against the Fund in respect of a contingency referred to in section 35 may be lodged with the Board on the prescribed form.
If the Board is satisfied that, having regard to the circumstances, a claim or the proof required by it was lodged or furnished as soon as possible, it may at its discretion extend the period mentioned in paragraph (a) or (b) of subsection (2), as the case may be.
If the Board admits a claim against the Fund, the Board shall pay out of the Fund such compensation as may be agreed upon by the Board and the claimant.
Any dispute relating to the amount of compensation to be paid out of the Fund shall be settled by arbitration in accordance with the Arbitration Act, 1965 (Act 42 of 1965).
the claimant furnishes the Board, within six months after a written demand was sent to him by the Board, with such proof in verification of his claim as the Board may reasonably require.
If the Board refuses to admit a claim against the Fund, the claimant may, subject to this section and section 38, institute an action against the Board in respect of the Fund in the court within the area of jurisdiction of which the cause of action arose.
An action against the Board in respect of the Fund shall not be instituted without leave of the Board unless the claimant has exhausted all available legal remedies against the sheriff or deputy sheriff in respect of whom the claim arose, or his estate, and against all other persons liable in respect of the loss or damage suffered by the claimant.
In any action against the Board in respect of the Fund, the Board may raise any defence which could have been raised by the sheriff or deputy sheriff in respect of whom the claim arose.
The Fund shall not be liable for any loss or damage suffered by a sheriff as a result of any act or omission by his deputy sheriff or any employee in the service of the sheriff.
No person shall recover from the Board in respect of the Fund any amount larger than the difference between the amount of the loss or damage suffered by him and the amount or value of all moneys or other benefits which he has received or is entitled to receive from any other source in respect of that loss or damage.
No amount shall be paid out of the Fund as interest on the amount of any claim admitted against the Fund or any judgment obtained against the Fund.
When the Board settles any claim or judgment against the Fund in accordance with this Chapter, there shall pass to the Board all the rights and remedies of the claimant in respect of his claim against any sheriff, deputy sheriff or other person or, if applicable, in the case of the death, insolvency or other legal incapacity of any such sheriff, deputy sheriff or person, against the estate of any such sheriff, deputy sheriff or person.
Only moneys in the Fund shall be available for the payment of any claim admitted against the Fund or for the satisfaction of any judgment obtained against the Fund, but if at any time there is insufficient money in the Fund to settle all those claims and judgments, they shall, to the extent to which they are not settled, be charged against future accumulations of the Fund.
The Board may at its discretion determine the order in which claims and judgments against the Fund may be settled and may, if the moneys in the Fund are insufficient to settle in full all claims and judgments, settle any claim or judgment pro rata to the amount available in the Fund.
Money referred to in subsection (1) (b) shall be paid into the Fund and, subject to the provisions of this Chapter, be utilized by the Board in order to settle claims or judgments against the Fund.
any right or claim in respect of any money paid to the Board by the insurer in accordance with that agreement.
No provision of any law relating to insurance shall apply to the Fund.
[Para. (g) substituted by s. 12 (a) of Act 74 of 1998.
[Para. (h) added by s. 12 (b) of Act 74 of 1998.
he or she fails to comply with any regulation pertaining to the service of process.
[Para. (i) added by s. 12 (b) of Act 74 of 1998.
The acquittal or conviction of a sheriff by any court of law on any criminal charge shall not be a bar to proceedings against him in accordance with this Chapter on a charge of improper conduct, even if the facts set forth in the charge of improper conduct would, if proved, constitute the offence set forth in the criminal charge on which he was so acquitted or convicted or any other offence of which he might have been convicted at his trial on the said criminal charge.
the sheriff proves that he was in fact wrongly convicted.
Any complaint, accusation or allegation against a sheriff may be lodged with the Board in the prescribed manner.
The Board shall keep record of each complaint, accusation or allegation lodged with it in terms of subsection (1).
The Board may, on its own initiative or upon the lodging of a complaint, accusation or allegation referred to in section 44 (1), charge a sheriff by a notice in writing with improper conduct.
A notice referred to in subsection (1) shall be served upon a sheriff in the prescribed manner, and shall contain or be accompanied by a request that the sheriff furnishes the Board with a written admission or denial of the charge and, if the sheriff so prefers, a written explanation in connection with the charge within 14 days of the service thereof.
The Board may, if it believes that on conviction of the sheriff a fine not exceeding the prescribed amount will be imposed upon him or her, afford the sheriff an opportunity to admit his or her guilt in respect of the charge and to pay the fine determined by the Board in the said notice on or before the date specified in the notice without appearing before the Board.
surrender the notice at the time and place of payment of the fine.
The Board shall keep a register in the prescribed form of all fines paid in terms of this subsection, and a copy of the register shall be included in the reports referred to in section 59.
The Minister may at any time withdraw a charge of improper conduct.
[S. 45 substituted by s. 13 of Act 74 of 1998.
The Board shall, unless an admission of guilt fine has been determined and paid in terms of section 45 (2), inquire into a charge of improper conduct at such time and place as the Board may determine and shall in the prescribed manner give the sheriff charged at least 14 days' notice in writing of the time and place so determined.
[S. 46 substituted by s. 14 of Act 74 of 1998.
The Board may authorize any person to attend an inquiry instituted in terms of section 46, to adduce evidence and arguments in support of the charge and to crossexamine any person who has given evidence in rebuttal of the charge.
The failure of the sheriff charged to attend the inquiry shall not invalidate the proceedings.
The Board shall keep a record of the proceedings and of the evidence given.
interrogate or require any person who was called upon under paragraph (b) to produce a book, document or thing referred to in paragraph (a).
A summons for the attendance before the Board of any person shall be in the prescribed form and shall be served in the prescribed manner.
The law relating to privilege as applicable to a person summoned to give evidence or to produce a document or thing before a court of law, shall be applicable in respect of the interrogation of, or the production of a book, document or thing by, any person referred to in subsection (1) (c).
recommend to the Minister that the sheriff be removed from his or her office, or called upon to resign as sheriff, with effect from a date determined by the Minister.
make any other order it may deem just, reasonable and equitable in the circumstances.
If the taking of any steps or the imposition of any penalty has been postponed for a particular period in terms of subsection (2) (a) , and if at the end of that period the Board is satisfied that the sheriff concerned has substantially observed all the relevant conditions, the Board shall inform that sheriff that no steps will be taken in respect of him or her or that no penalty will be imposed upon him or her.
If the payment of a fine or any part thereof has been suspended by the Board for a particular period in terms of subsection (2) (b) , and if at the end of such period the Board is satisfied that the sheriff concerned has substantially observed all the relevant conditions, the Board shall inform such sheriff that the payment of that fine or that part thereof will not be enforced.
If a sheriff fails to comply with any conditions determined in terms of subsection (2), the Board shall impose a penalty upon him or her or execute the penalty imposed upon him or her, unless he or she satisfies the Board that the non-compliance with such conditions was due to circumstances beyond his or her control.
Any court with civil jurisdiction may on the application of the Board grant an order for the recovery from the sheriff concerned of any amount he or she failed to pay in accordance with the fine imposed under subsection (1) (b) , together with any interest thereon, whereupon the order so granted shall have the effect of a civil judgment of that court and shall be executed in the prescribed manner.
If the Board makes a recommendation under subsection (1) (d) , the Board shall send to the Minister the documents relating to the inquiry and, where applicable, to an appeal under section 18 (3) (a) or 61 (1), and the Minister may act according to that recommendation or impose upon the sheriff concerned such other penalty as the Board could have imposed upon him or her.
[S. 49 substituted by s. 15 of Act 74 of 1998.
The Minister may suspend a sheriff from his office at any time before the sheriff is charged with improper conduct in accordance with this Chapter, or after he has been so charged.
The Minister may at any time cancel the suspension of a sheriff, but the cancellation shall not prevent the sheriff from being charged with improper conduct in accordance with this Chapter.
[Para. (c) substituted by s. 16 of Act 74 of 1998.
if a penalty referred to in paragraph (a) or (b) of section 49 (1) is imposed upon him.
[Para. (b) substituted by s. 17 of Act 74 of 1998.
shall, unless the Minister directs otherwise, be deemed to be removed from his office by reason of improper conduct with effect from the date on which he so resigns, engages himself to perform remunerative work or fails to resign, as the case may be.
If in the opinion of the Minister sound reasons exist for doing so, he may authorize any person to charge any sheriff with improper conduct and to inquire into the charge.
When the Minister authorizes a person under subsection (1) to charge a sheriff with improper conduct, the Board shall forthwith discontinue any steps which the Board has taken against the sheriff in accordance with this Chapter.
A person authorized under subsection (1) shall be invested and charged with the functions relating to a charge of improper conduct assigned to the Board by or under this Chapter, and for the purposes of section 61 a finding made or penalty imposed by that person shall be deemed to be a finding made or penalty imposed by the Board.
Nothing in this section contained shall be construed as empowering the Minister to authorize a person to charge a sheriff with improper conduct after the Board has already made a finding in accordance with this Chapter in respect of the charge in question.
No sheriff shall without the approval of the Minister perform or engage himself to perform remunerative work outside his office as sheriff.
The State shall not be liable for any loss or damage arising out of any act or omission by a sheriff or his deputy sheriff.
A sheriff or his deputy sheriff shall not be liable for any damage arising out of the rescue or escape of any person arrested by him or committed to his custody, unless the rescue or escape was caused by his negligent or wilful conduct.
referred to in subsection (2) of section 57, the Board may, either in general or in any particular case, appoint any person whom the Board may consider suitable as an inspector.
Every inspector appointed under subsection (1) shall be furnished with a certificate stating that he has been appointed as an inspector.
An inspector who exercises any power under section 57 shall at the request of any person affected by the exercise of that power produce his certificate referred to in subsection (2).
Any inspector appointed under paragraph (a) of section 56 (1) may at any reasonable time examine any book, record or other document of the Board or Fund or make extracts therefrom or copies thereof.
for the purposes of any prosecution under this Act or any charge of improper conduct in accordance with Chapter IV, seize and retain such book, record or other document.
The Minister may in writing direct the Board to furnish him within the period specified in the direction with such information as he may require in connection with the functions of the Board or the financial state of affairs of the Board or Fund.
The Board shall within six months after the end of every financial year submit to the Minister a report, together with a copy of the annual financial statements audited in terms of sections 21 (3) and 28 (2), on the functions performed by the Board during such year.
(g A) has not been appointed as a sheriff, acting sheriff or deputy sheriff in terms of this Act and who practises or performs any functions assigned by or under any law to a sheriff or any other specified functionary or holds himself or herself out as a sheriff, acting sheriff or deputy sheriff or pretend to be, or make use of any name, title or addition or description creating the impression that he or she is a sheriff, acting sheriff or deputy sheriff or is recognized by law as such; [Para. (g A) inserted by s. 18 (a) of Act 74 of 1998.
(a) or (b) , shall be guilty of an offence.
in a manner which will restrict or is likely to restrict the proceeds of such sale, shall be guilty of an offence. [Sub-s. (1A) inserted by s. 18 (b) of Act 74 of 1998.
in the case of an offence referred to in paragraph (g A) of subsection (1), or in subsection (1A), to a fine or to imprisonment for a period not exceeding three years, or to both such fine and such imprisonment.
[Sub-s. (2) substituted by s. 18 (c) of Act 74 of 1998.
[Para. (c) substituted by s. 19 of Act 74 of 1998.
may, after notice to the Board and within 60 days after the date on which that fidelity fund certificate has been cancelled, that finding has been made or penalty has been imposed or that power has been exercised, as the case may be, appeal against the decision in question to the superior court having jurisdiction in the area where the head office of the Board is situated.
give such other order, including any order as to costs, as it may consider fit.
[Para. (d A) inserted by s. 20 of Act 74 of 1998.
[Para. (d B) inserted by s. 20 of Act 74 of 1998.
[Para. (d C) inserted by s. 20 of Act 74 of 1998.
in general, any matter which the Minister may consider necessary or expedient to prescribe in order that the objects of this Act may be achieved, and the generality of this paragraph shall not be limited by the preceding paragraphs.
Regulations made under subsection (1) may prescribe penalties for any contravention thereof or failure to comply therewith not exceeding a fine of R1 000 or imprisonment for a period of six months.
authorize any such officer to perform any duty assigned to the Minister by this Act.
Any delegation under subsection (1) (a) shall not prevent the exercise of the relevant power by the Minister himself.
Subject to the provisions of this section, the provisions of the laws mentioned in the Schedule are hereby amended or repealed to the extent indicated in the third column thereof.
held office as deputy sheriff or acting deputy sheriff of any superior court, or was appointed as an assistant of a deputy sheriff or acting deputy sheriff, shall upon that commencement be deemed to be appointed under the provisions of this Act as a sheriff or acting sheriff of that superior court, or as a deputy sheriff, respectively.
any such sheriff shall hold office as contemplated in section 4 (1) until the date on which he attains the age of 70 years.
Anything done under a provision repealed by subsection (1) which may be done under a corresponding provision of this Act, shall be deemed to have been done under that corresponding provision.
A reference in any law in force immediately prior to the commencement of this Act, or in any process of court, to a messenger or a messenger of any lower court shall be construed as a reference to a sheriff of that lower court appointed under this Act.
This Act shall be called the Sheriffs Act, 1986.
Act 32 of 1944 Magistrates' Courts Act, 1944 1 The repeal of section 14 (1), (1A), (2), (3), (4), (5), (6) and (9).
2 The amendment of section 15 by the substitution in subsection (4) for the words 'deputy messenger' of the word 'sheriff'.
3 The repeal of sections 18 and 18A.
4 The amendment of section 107 by the substitution for the word 'deputymessenger', wherever it appears, of the words 'deputy sheriff'.
' (a) The Minister may, subject to the laws governing the public service, appoint for the Supreme Court registrars, assistant registrars and other officers whenever they may be required for the administration of justice or the execution of the powers and authorities of the said court.'
' (b) Whenever by reason of absence or incapacity a registrar or assistant registrar is unable to carry out the functions of his office, or his office becomes vacant, the Minister may authorize any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that when any such vacancy has remained unfilled for a continuous period exceeding six months the fact shall be reported to the Commission for Administration.'
by the deletion of paragraph (c) of subsection (1) and subsections (3), (4), (5) and (6).
2 The repeal of sections 34A and 35.
'(1) The sheriff or a deputy-sheriff shall execute all sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the court directed to the sheriff and make return of the manner of execution thereof to the court and to the party at whose instance they were issued.'
'(2) The return of the sheriff or a deputysheriff of what has been done upon any process of the court, shall be prima facie evidence of the matters therein stated.'.
4 The repeal of sections 37 and 38.
'(d) being a judgment debtor refuses or neglects to comply with any requirement of a sheriff or deputy-sheriff in regard to the delivery of documents in his possession or under his control relating to the title of the immovable property under execution,'.
To amend the Sheriffs Act, 1986, so as to provide for the appointment of acting sheriffs in particular suits; and to empower the Board for Sheriffs to grant certain exemptions regarding the requirement to be the holder of a fidelity fund certificate, the payment of certain contributions to the said Board and the auditing of accounts; and to provide for matters connected therewith.
Amends section 5 of the Sheriffs Act 90 of 1986 by inserting subsection (1A).
2 Amends section 23 of the Sheriffs Act 90 of 1986 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) adds subsection (4).
3 Amends section 30 of the Sheriffs Act 90 of 1986 by adding subsection (2), the existing section becoming subsection (1).
This Act shall be called the Sheriffs Amendment Act, 1991.
To amend the Sheriffs Act, 1986, in order to provide for the rationalisation of certain laws relating to sheriffs and messengers of the court which were in force in various areas of the national territory of the Republic by virtue of the Constitution; to amend certain definitions; to empower the Minister to appoint more than one sheriff for a particular area to perform the duties and functions assigned to a sheriff; to restructure the composition of the Board for Sheriffs in order to make it more representative; to provide for a disciplinary inquiry by an independent and impartial person who must be suitably qualified in law; to provide that sheriffs be allowed, before they pay over the interest accrued on their trust accounts to the Fidelity Fund for Sheriffs, to deduct therefrom their expenses in respect of their trust accounts; to further regulate the issuing of fidelity fund certificates to acting sheriffs; to compel a sheriff to obtain professional indemnity insurance; to provide for admission of guilt fines; to provide for additional actions against a sheriff who is found guilty of improper conduct; to create certain offences; to extend the application of the Act to the entire national territory of the Republic; and to provide for transitional provisions; and to provide for matters connected therewith.
1 Amends section 1 of the Sheriffs Act 90 of 1986 , as follows: paragraph (a) substitutes the definition of 'auditor'; paragraph (b) substitutes the definition of 'banking institution'; paragraph (c) substitutes the definition of 'building society'; paragraph (d) inserts the definition of 'legal practitioner'; paragraph (e) substitutes the definition of 'lower court'; and paragraph (f) substitutes the definition of 'sheriff'.
2 Amends section 3 of the Sheriffs Act 90 of 1986 by adding paragraph (b) to subsection (2), the existing subsection becoming paragraph (a).
[Date of commencement of s. 2: 1 September 2000.
3 Amends section 4 of the Sheriffs Act 90 of 1986 by substituting subsection (2).
4 Amends section 9 of the Sheriffs Act 90 of 1986 , as follows: paragraph (a) substitutes subsection (2); paragraph (b) inserts subsection (2A); paragraph (c) substitutes subsection (3); paragraph (d) substitutes subsection (4); and paragraph (e) substitutes subsection (5).
6 Substitutes section 18 of the Sheriffs Act 90 of 1986.
7 Amends section 22 of the Sheriffs Act 90 of 1986 by substituting subsection (4).
9 Substitutes section 30 of the Sheriffs Act 90 of 1986.
10 Amends section 32 of the Sheriffs Act 90 of 1986 by substituting subsection (3).
11 Amends section 33 (1) of the Sheriffs Act 90 of 1986 by inserting paragraph (m).
substitutes paragraph (g) ; and paragraph (b) adds paragraphs (h) and (i).
13 to 15 inclusive Substitutes sections 45, 46 and 49 of the Sheriffs Act 90 of 1986.
17 Amends section 51 of the Sheriffs Act 90 of 1986 by substituting paragraph (b).
18 Amends section 60 of the Sheriffs Act 90 of 1986 , as follows: paragraph (a) inserts subsection (1) (g A) ; paragraph (b) inserts subsection (1A); and paragraph (c) substitutes subsection (2).
20 Amends section 62 (1) of the Sheriffs Act 90 of 1986 by inserting paragraphs (d A) , (d B) and (d C).
21 Amends the Sheriffs Act 90 of 1986 by substituting the expressions 'chairperson' and 'deputy chairperson' for the expressions 'chairman' and 'vice-chairman', respectively, wherever they occur.
The application of the principal Act is hereby extended to the entire national territory of the Republic.
The laws mentioned in the first column of the Schedule are hereby repealed or amended to the extent indicated in the third column thereof.
held office as deputy sheriff or acting sheriff of any superior court, or was appointed as an assistant of a deputy sheriff or acting deputy sheriff, shall as from that date be deemed to have been duly appointed in terms of the provisions of the principal Act as a sheriff or acting sheriff of that superior court, or as a deputy sheriff, respectively.
any such sheriff shall hold office as contemplated in section 4 (1) of the principal Act until the date on which he or she attains the age of 70 years.
to have misconducted himself or herself in any other manner in connection with his or her duties, which has not been finalised by the commencement of this Act, shall be referred to the Board for Sheriffs, which shall treat the matter as it deems appropriate.
have such regard to the existing record of any proceedings in such matter as it deems appropriate.
Anything done under a provision of a law repealed by section 2 which may be done under a corresponding provision of the principal Act, shall be deemed to have been done under that corresponding provision.
Notwithstanding section 11 of the principal Act, the terms of office of the members of the Board as it existed immediately prior to the commencement of this Act, shall expire upon the commencement of this Act, and the Minister may at any time after the passing of this Act, appoint the members of the Board in terms of section 9 of the principal Act, as amended by section 4 of this Act.
A reference in any law in force immediately prior to the date of commencement of this Act, in any area or in any process of court of such area, to a messenger or a messenger of any lower court shall, subject to the provisions of item 2 (2) if Schedule 6 to the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), be construed as a reference to a sheriff of that lower court appointed under the principal Act.
This Act shall be called the Sheriffs Amendment Act, 1998, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
Act 59 of 1959 Supreme Court Act, 1959 1.
The territory of the former Republic of Venda.
''(a) The Minister may, subject to the laws governing the public service, appoint for the Supreme Court registrars, assistant registrars and other officers whenever they may be required for the administration of justice or the execution of the powers and authorities of the said court.'
' (b) Whenever by reason of absence or incapacity a registrar or assistant registrar is unable to carry out the functions of his or her office, or his or her office becomes vacant, the Minister may authorize any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that when any such vacancy has remained unfilled for a continuous period exceeding six months the fact shall be reported to the Public Service Commission.'
and subsections (3), (4), (5) and (6).
The repeal of section 35.
'(1) The sheriff or the deputy-sheriff concerned shall execute all sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the court directed to the sheriff and make return of the manner of execution thereof to the court and to the party at whose instance they were issued.'
'(2) The return of the sheriff or a deputy-sheriff of what has been done upon any process of the court, shall be prima facie evidence of the matters therein stated.'.
' (d) being a judgment debtor refuses or neglects to comply with any requirement of a sheriff or deputysheriff in regard to the delivery of documents in his or her possession or under his or her control relating to the title of the immovable property under execution,'.
' (a) The Minister may, subject to the laws governing the Public Service, appoint for the Supreme Court registrars, deputyregistrars, assistant registrars and other officers whenever they may be required for the administration of justice or the execution of the powers and authorities of the said Court.'
' (b) Whenever by reason of absence or incapacity a registrar, deputyregistrar or assistant registrar is unable to carry out the functions of his or her office, or his or her office becomes vacant, the Minister may authorise any other competent officer of the Public Service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that, when any such vacancy has remained unfilled for a continuous period exceeding six months the fact shall be reported to the Public Service Commission.'
The repeal of section 19.
SHERIFFS ACT 90 OF 1986 Page 37 of 45 to the court and to the party at whose instance they were issued.'
'(2) The return of the sheriff or a deputysheriff of the steps taken in connection with any process of the court, shall be prima facie evidence of the matters therein stated.'.
SHERIFFS ACT 90 OF 1986 Page 39 of 45 neglects to comply with any requirement of a sheriff or deputysheriff in connection with the delivery of documents in his or her possession or under his or her control relating to the title of the immovable property under execution,'.
Act 5 of 1983 Supreme Court Act, 1983 1.
' (a) The Minister may, subject to the laws governing the public service, appoint for the court or for any division thereof a registrar, assistant registrar and other officers whenever they may be required for the administration of justice or the exercise of the powers and authority of the court.'
SHERIFFS ACT 90 OF 1986 Page 40 of 45 such vacancy has remained unfilled for a continuous period exceeding six months the fact shall be reported to the Public Service Commission.'
(a) The Sheriff or the deputy sheriff concerned shall execute sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the court directed to the sheriff and make return of the manner of execution thereof to the court and to the party at whose instance they were issued.
The return of the Sheriff or a deputy sheriff of what has been done upon any process of the court, shall be prima facie evidence of the matters therein stated.'.
The repeal of section 14.
SHERIFFS ACT 90 OF 1986 Page 42 of 45 requirement of the Sheriff or deputy sheriff in regard to the delivery of documents in his or her possession or under his or her control relating to the title of the immovable property under execution,'.
Decree 43 of 1990 Supreme Court Decree, 1.
Supreme Court or any division thereof a registrar, assistant registrar and other officers whenever they may be required for the administration of justice or the execution of the powers and authorities of such court or division.'
SHERIFFS ACT 90 OF 1986 Page 43 of 45 assistant registrar is unable to carry out the functions of his or her office or his or her office becomes vacant, the Minister may authorise any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled.'
and subsections (2), (3), (4), (5) and (6).
The repeal of section 24.
'(1) The sheriff or the deputy-sheriff concerned shall execute all sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the Supreme Court directed to the sheriff and make return of the manner of execution thereof to the court concerned and to the party at whose instance they were issued.'
SHERIFFS ACT 90 OF 1986 Page 44 of 45 been done upon any process of the court shall be prima facie evidence of the matters stated therein.'.
' (d) being a judgment debtor refuses or neglects to comply with any requirement of a sheriff or deputysheriff in regard to the delivery of documents in his or her possession or under his or her control relating to the title of any immovable property under execution,'.
<fn>GOV-ZA.198639En.2012-02-10.en.txt</fn>
The Department of Local Government is responsible for promoting good governance in local authorities to enhance municipal service delivery.
Developmental and well-governed municipalities with integrated, sustainable and empowered communities.
To capacitate municipalities to deliver quality services to communities.
To promote participative, integrated and sustainable communities.
To ensure municipal plans reflect national, provincial and local priorities and resources through sound intergovernmental relations.
To be the first port of call to municipalities for advice and support.
To facilitate delivery through sound administration and the engagement of all spheres of government and social partners.
Compliant and accountable municipalities underpinned by good governance.
Effective intergovernmental relations.
Effective integrated development planning by all spheres of government that accelerates service delivery within municipal areas.
Unlocked opportunities for communities through improved access and active community participation.
Capacitated municipalities who deliver effective services.
Effective monitoring of local government.
Well maintained municipal infrastructure.
Effective disaster management practices.
A fully functional department that is accountable for delivering quality services to local government.
Welcome to the new website for the Department of Local Government. As this is a new site, content is limited and will gradually be added.
Use our contact information to obtain the required information.
<fn>GOV-ZA.1987024En.2012-02-10.en.txt</fn>
GENERAL EXPLANATORYNOTE: Words underlined with solid line indicate insertions in existing enactments.
To provide for mediation in certain divorce proceedings, and in certain applications arising from such proceedings, in which minor or dependent children of the marriage are involved, in order to safeguard the interests of such children; and to amend the Divorce Act, 1979, in order to provide for the consideration by a court in certain circumstances of the report and recommendations of a Family Advocate before granting a decree of divorce or other relief and to make the provisions of section 12 (1) and (2) of the said Act applicable to an enquiry instituted in terms of this Act; and to provide for matters connected therewith.
Definitions. 1. In this Act, unless the context otherwise indicates, any word or expression has the meaning attached thereto in the Divorce Act, 1979 (Act No.
Appointment of 2.
Family Advocates. public service at each division of the Supreme Court of South Africa to be styled the Family Advocate, to exercise the powers and perform the duties granted or assigned to a Family Advocate by or under this Act or any other law.
No person shall be appointed as a Family Advocate unless he is qualified to be admitted to practise as an advocate in terms of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), and the Minister deems him to be suitable for appointment as a Family Advocate by reason of his involvement in or experience 20 of-the adjudication or settlement of family matters.
Appointment of 3.
Family Counsellors. may appoint at each division of the Supreme Court of South Africa one or more suitably qualified or experienced persons to be styled the Family Counsellor, to assist the Family Advocate 25 with an enquiry referred to in section 4 (1).
A Family Counsellor shall hold office for a period of three years, or for such shorter period as the Minister determines at the time of his appointment.
A Family Counsellor may resign by written notice to the Minister.
The Minister may at any time withdraw the appointment of a Family Counsellor if in his opinion there is sufficient reason for doing so.
Powers and 4.
after an application has been lodged for the variation.
rescission or suspension of an order with regard to the custody or guardianship of, or access to, a child, made in terms of the Divorce Act. 1979 (Act No. 70 of 1979), if so requested by any party to such proceedings or the court concerned, institute an enquiry to enable him to furnish the court at the trial of such action or the hearing of such application with a report and recommendations on any matter concerning the welfare of each minor or dependent child of the marriage concerned or regarding such matter as is referred to him by the court.
A Family Advocate may after the institution of a divorce action; or after an application has been lodged for the variation, rescission or suspension of an order with regard to the custody or guardianship of, or access to, a child, made in terms of the Divorce Act, 1979, if he deems it in the interest of any minor or dependent child of a marriage concerned, apply to the court concerned for an order authorizing him to institute an enquiry contemplated in subsection (1).
Any Family Advocate may, if he deems it in the interest of any minor or dependent child of a marriage concerned, and shall, if so requested by a court, appear at the trial of any divorce action or the hearing of any application referred to in subsections (1) (b) and (2) (b) and may adduce any available evidence relevant to the action or application and cross-examine witnesses giving evidence thereat.
Regulations. s.
generally, any other matter which he deems necessary or expedient to prescribe in order to 'give effect to the provisions of this Act and to realize the objects thereof.
Wet No.
Act 70 of 1979.
Act 70of 1979.
Short title and commencement.
except with the concurrence of the Minister of Finance.
(1) A decree of divorce shall not be granted until the courti!!l.
if an en uiry is instituted by the Faroi} Advocate in terms of section 4 1) (a) or (2) (a) of the Mediation in Certain Divorce Matters Act, 1987, has considered the report and recommendations referred to in the said section 4 (1).
have been considered by the court.
Family Advocate in terms of the Mediation in Certain Divorce Matters Act, 1987.
This Act shall be called the Mediation in Certain Divorce Matters Act, 1987, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.198781En.2012-02-10.en.txt</fn>
To regulate anew the law relating to intestate succession; and to provide for matters connected therewith.
"(iii) where the intestate estate is not sufficient to provide each surviving spouse and woman referred to in paragraphs (a) , (b) and (c) of section 2 (2) of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2008, with the amount fixed by the Minister, the estate shall be divided equally between such spouses;".'.
is not survived by a spouse, descendant, parent, or a descendant of a parent, the other blood relation or blood relations of the deceased who are related to him nearest in degree shall inherit the intestate estate in equal shares.
Notwithstanding the provisions of any law or the common law, but subject to the provisions of this Act and section 5 (2) of the Children's Status Act, 1987, illegitimacy shall not affect the capacity of one blood relation to inherit the intestate estate of another blood relation.
[NB: Sub-s. (2) has been substituted by s. 8 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, a provision which will be put into operation by proclamation. See PENDLEX.
A notice mentioned in subsection (1) (c) (i) shall not apply in respect of the intestate estate of a person who died before the date of that notice.
[NB: Para. (b) has been substituted by s. 8 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, a provision which will be put into operation by proclamation. See PENDLEX.
[Para. (c) deleted by s. 14 (a) of Act 43 of 1992.
[NB: A para. (e A) has been inserted by s. 8 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, a provision which will be put into operation by proclamation. See PENDLEX.
" (f) a child's portion, in relation to the intestate estate of the deceased, shall be calculated by dividing the monetary value of the estate by a number equal to the number of children of the deceased who have either survived the deceased or have died before the deceased but are survived by their descendants, plus the number of spouses and women referred to in paragraphs (a) , (b) and (c) of section 2 (2) of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2008.".'.
a child's portion, in relation to the intestate estate of the deceased, shall be calculated by dividing the monetary value of the estate by a number equal to the number of children of the deceased who have either survived him or have died before him but are survived by their descendants, plus one.
If an adopted child in terms of subsection (4) (e) is deemed to be a descendant of his adoptive parent, or is deemed not to be a descendant of his natural parent, the adoptive parent concerned shall be deemed to be an ancestor of the child, or shall be deemed not to be an ancestor of the child, as the case may be.
[NB: A sub-s. (5A) has been inserted by s. 8 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, a provision which will be put into operation by proclamation. See PENDLEX.
If a descendant of a deceased, excluding a minor or mentally ill descendant, who, together with the surviving spouse of the deceased, is entitled to a benefit from an intestate estate renounces his right to receive such a benefit, such benefit shall vest in the surviving spouse.
[Sub-s. (6) added by s. 14 (b) of Act 43 of 1992.
If a person is disqualified from being an heir of the intestate estate of the deceased, or renounces his right to be such an heir, any benefit which he would have received if he had not been so disqualified or had not so renounced his right shall, subject to the provisions of subsection (6), devolve as if he had died immediately before the death of the deceased and, if applicable, as if he was not so disqualified. [Sub-s. (7) added by s. 14 (b) of Act 43 of 1992.
This Act shall be called the Intestate Succession Act, 1987, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
Notwithstanding the provisions of any law or the common or customary law, but subject to the provisions of this Act and sections 40 (3) and 297 (1) (f) of the Children's Act, 2005 (Act 38 of 2005), having been born out of wedlock shall not affect the capacity of one blood relation to inherit the intestate estate of another blood relation.
If a person referred to in paragraph (a) of the definition of 'descendant' contained in section 1 of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009, is deemed to be a descendant of the deceased person referred to in that paragraph, or is deemed not to be a descendant of his or her natural parent, the deceased person shall be deemed to be an ancestor of the person referred to in that paragraph, or shall be deemed not to be an ancestor of that person, as the case may be.
<fn>GOV-ZA.1987R200NoticeBlackestatesEn.2012-02-10.en.txt</fn>
GOVERNMENT GAZETTE, No.
The State President has under and, by virtue of the powers vested in him by section 23 (10) of the Black Administration Act, 1927 (Act 38 of 1927), made the regulations set out in the Schedule.
"Minister" means the Minister of Justice and any officer of the Department of Justice acting under his authority.
if the deceased was, during his lifetime, ordinarily resident in any territory outside the Republic other' than Mozambique, all movable assets in his estate after payment of such claims as may be found to be due shall be forwarded to the officer administering the district or area in which the deceased was ordinarily resident for disposal by him.
If the deceased was at the time of his death the holder of a letter of exemption issued under the provisions of section 31 of the Act, exempting him from the operation of the Code of Zulu Law, the property shall devolve as if he had been a European.
If the deceased, at the time of his death was-.
a widower, widow or divorcee, as the case may be, of a marriage in community of property or under antenuptial contract and was not survived by a partner to a customary union entered into subsequent to the dissolution of such marriage, the property shall devolve as if the deceased had been a European.
or by any issue of himself and any such partner, and the circumstances are such as in the opinion of the Minister to render the application of Black law and custom to the devolution of the whole, or some part, of his property inequitable or inappropriate, the Minister may direct that the said property or the said part thereof, as the case may be, shall devolve as if the said Black and the said partner had been lawfully married out of community of property, whether or not such was in fact the case, and as if the said Black had been a European.
If the deceased does not fall into any of the classes described in paragraphs (a), (b), (c) and (d), the, property shall be distributed according to Black law and custom.
All the property in any estate falling within the purview of paragraphs (a), (b), (c) and (d) of regulation 2 of these regulations shall be administered under the supervision of the magistrate in whose area of jurisdiction the deceased ordinarily resided and such magistrate shall give such directions in regard to the distribution thereof as shall seem to him fit and shall take all steps necessary to ensure that the provisions of the Act and of these regulations are complied with.
Whenever it appears to the magistrate in whose area of jurisdiction any deceased Black ordinarily resided or, in the case of immovable property, to the magistrate in whose area of jurisdiction such property is situated, that it is necessary, in connection with the distribution of any property in the estate of Black falling within he purview of subsection (1) or subsection (2) of section 23 of the Act or of paragraph (e) of regulation 2, that an inquiry should be instituted to determine the person or persons entitled to such property, such magistrate may call before him any person who may be able to provide information in regard to the proper distribution of such property and, after hearing such persons as be may consider necessary, shall give such directions in regard to the distribution of such property as shall seem to him fit to ensure that the provisions of the Act and of these regulations are complied with.
neglects or refuses to answer any question put to him by such magistrate which he could legally have been required to answer had he been a witness in a criminal case, shall be guilty of an offence.
Provided that whenever the magistrate in whose area of jurisdiction the deceased Black ordinarily resided considers it desirable, he may issue a certificate to any person whom he may deem suitable, appointing him to represent the estate and to assume responsibility for the payment of debts, the collection of assets and the general administration and distribution of property. Such certificate shall be issued in any case where it is necessary to pass transfer to any person of immovable property, not being land in a location held under quitrent conditions, registered in the name of the deceased.
A person to whom a certificate has been issued under subregulation (1) shall have full power and authority to represent the estate in relation to such property, including power on behalf of the estate and subject to the approval of the magistrate to pass and to receive transfer of immovable property.
The magistrate may require any person to whom a certificate has been issued under subregulation (1) to provide such security for the due and proper administration of such property as the magistrate may deem necessary and to render a just, true and exact account of his administration within such period and at such intervals as the magistrate may prescribe.
Any person failing within the period prescribed to render any account which may be required of him under subregulation (3), or any person who under the provisions of that subregulation renders other than a just, true and exact account, shall be guilty of an offence.
The magistrate may at any time revoke a certificate issued by him to any person under subregulation (1).
Whenever a deceased Black leaves a valid will which disposes of any portion of his estate and there is in such estate any such property as is referred to in subsection (1) or subsection (2) of section 23 of the Act the magistrate in whose area of jurisdiction the deceased Black ordinarily resided shall provide the executor of the estate with all such information regarding such property, its value and the realisation thereof, or any portion thereof, as may be necessary.
In the administration of any such estate as is referred to in subregulation (1) the claims of any creditors shall be satisfied from the portion of the estate administered under the Administration of Estates Act, 1965 (Act 66 of 1965), in terms of subsection (9) of section 23 of the Act. Should such portion be insufficient to meet such claims the executor of the estate shall notify the magistrate concerned who shall, in consultation with the executor, cause to be realised as much of the property falling within the purview of the said subsection (1) or subsection (2) as is executable in respect of the deceased's liabilities and as is necessary to meet the balance of such claims. The executor shall thereupon proceed to liquidate the claims and submit his account to the Master in due course.
Notwithstanding anything in regulation 3, if a Black in the employ of any person dies without leaving such a will as is referred to in subsection (9) of section 23 of the Act, the magistrate in whose area of jurisdiction such Black was employed immediately prior to his death may collect and realise any asset in, and may enforce any claim belonging to, the estate of such Black.
Such magistrate may from any moneys 'collected or realised by him under subregulation (1) pay any preferent claims requiring immediate liquidation against the estate of such Black and, if such Black was domiciled in a district other than the one wherein he was employed, such magistrate shall render a true account of all assets collected by him under subregulation (1) and of any moneys expended by him under this subregulation to the magistrate in whose area of jurisdiction such Black was domiciled.
A magistrate, in exercising his functions under the Act or these regulations, may take all such steps as he may consider necessary to safeguard and preserve the inheritance or interests of minors and may deposit the cash inheritance of any minor in the Guardian's Fund, giving at the same time to the Master particulars as to the deceased parent, the date of birth of the minor and the name and address of the guardian.
These regulations do not limit or restrict the exercise by the Supreme Chief of his functions as the upper guardian of Black orphans and minors.
8.(1) Whenever any Black who is the parent of a minor child entitled to claim from that Black any inheritance from the estate of that Black's deceased spouse, being an estate which has been administered under the supervision and control of a magistrate under the provisions of these regulations, wishes to contract a marriage again, that Black shall obtain a certificate under the hand of such magistrate to the effect that arrangements have been made to his satisfaction for the preservation and protection of the inheritance of such minor.
Such certificate shall be delivered to the marriage officer before whom the marriage is intended to be solemnised.
Any such Black who contracts a marriage again without obtaining such a certificate as is required under subregulation (1) and any marriage officer who solemnises any such marriage unless there has first been delivered to him the certificate required by this regulation in respect of the parties shall be guilty of an offence.
Whenever it shall appear to the Master in the administration of an estate under subsection (9) of section 23 of the Act that no executor has been appointed, or that the executor testamentary is either unable or unwilling to act, he may, subject to the provisions of section 18 of the Administration of Estates Act, 1965 (Act 66 of 1965), appoint and require the magistrate of the district or area in which the deceased ordinarily resided to act in his official capacity as executor in the estate, but such magistrate shall not be required to find security for the administration of the estate.
The Master to whom the death of any person has been reported may call upon the magistrate in whose area of jurisdiction the deceased died or was ordinarily resident to certify whether or not such deceased person was a Black as defined in the Act.
Government Notice R. 34 of 7 January 1966, as amended, is hereby repealed.
Private Bag x 81, Pretoria, 0001 : Tel: + 27 + 12 315 1111 : Fax: +27 +12 315 1112 : Momentum Centre, 329 Pretorius street, Pretoria : http://www.doj.gov.
<fn>GOV-ZA.1987fa3a78c64d1e96e9D14751357617En.2012-02-10.en.txt</fn>
PAYPOINTS Must all pay points be able to accept applications for grants Applications for grants are SASSA's responsibility and they take place at SASSA's offices and not paypoints?
PAYPOINTS Where are the exact pay points, and do they have any other info i.t.o. individuals at the pay points -i.e. do they live close to the pay point or are they travelling to the pay point A CD will be provided Amongst other the CD includes beneficiary numbers; grant recipient numbers, a costing template, norms and standards, contract price adjustment, pay-point locations etc FNB 3.
APPLICATION Must all pay points be able to accept applications for grants Applications for grants are SASSA's responsibility and they take place at SASSA's offices and not paypoints?
APPLICATION What is the anticipated number of times that payment/s should happen per office/pay point per month A payment schedule will be provided and will contain specifics as to who should be paid. The number of times payment are made var?
BIOMETRICS Must the application be verified against the Home Affairs fingerprint database(Hanis) No?
BIOMETRICS (Paragraph 3.1.3.2. Page 23). The one to many biometrix match has the inherent challenge that AFFIS, in certain instances, can give an answer that a particular biometrix of a certain individual may be that of person A or B. This kind of answer brings an element of uncertainty in the identity of the affected individual as opposed to a one to one match which is always accurate and certain in that it will always say biometrix X belongs or does not belong to person A. Will SASSA kindly give a direction as to how a contractor should deal with the situation where in using the one to many biometrix match under the AFFIS system the biometrix is said to be that of either person A or B. The Bidder must provide a proposal that accommodates the smallest margin of error. The system should allow for both 1to 1 and 1 to many matches.
BIOMETRICS Is biometric verification required for all withdrawals including those at cash Pay Point as well as withdrawals fro traditional banking accounts currently paid via NPS (ACB payments) or will the traditional PIN be acceptable for these types of withdrawals. Refer to section 3.3 page 25.
BIOMETRICS What is the intention in terms of matching the underlying beneficiaries' biometric e.g. the finger prints of a child To limit fraudulent grant?
BIOMETRICS Can we introduce other access mechanisms in addition to a card, e.g cell phone technology Bidders are encouraged to come with additional creative and innovative methods of payment provided they meet the requirements of the tender?
BIOMETRICS Page 23 (3.1.3.1) "biometric data captured during enrolment will be used for matching and authenticating during payment process" We need clarity on whether or not this would be compulsory for both cash and electronic/mobile account based solutions and if yes how often Refer to par 3.3 on page 25 with specific reference to paras 3.3.2 and 3.3.3. While biometric authenticating is preferred, any other methods maybe required if they meet the requirements of para3.?
BIOMETRICS Page 24 (3.3.3) and page 29 (3/6.2.1) All payments will be effected upon authentic verification" and "the payment device particularly at Pay Points must be mechanized and allow use of biometrics for authentication and payment" . We need clarity on whether this would have to apply to an electronic/mobile payments account based solution and if yes how often Refer to par 3.3 on page 25 with specific reference to paras 3.3.2 and 3.3.3. While biometric authenticating is preferred, any other methods maybe accepted if they meet the requirements of para3.?
DEPOSIT FEE Is the non-refundable fee of R20 000.00 per bid per province, or per Bidder (no matter how many provinces he/she bids on) Once off payment for the Bid document, regardless of the number of provincer the bidder is responding to?
FEES AND PRICING The fees and cost breakdown as required in Section E of the Financial Costing template (Annexure 1); should these fees and costs include VAT or exclusive of VAT Please advice. VAT INCLUSIV?
FEES AND PRICING Page 7 "Firm Price" states a price of R16.50 for the duration of the contract. This is repeated on page 37 Para 2.3. The R 16.50 is the maximum fee SASSA is willing to pay and must be inclusive of all services, for the duration of the contract. The fee shall also include bank charges.
FEES AND PRICING If R16.50 maximum fee per transaction is applicable for the duration of thecontractwhatisthepurposeof SectionF Section F will not be relevant if the fee in year 1 is already at R16.
FEES AND PRICING Page 26 para 3.4.1.5 refers to the bidder not effecting payment of a grant. Does this refer to payments at cash pay points where beneficiaries do not call to collect the grant. If this is the case then how can beneficiaries obtain funds within 2 days after the cash pay point scheduled date It relates to cash payment. There is nothing that refers to 2 days in the clause that you have referred to. Clause 3.4.1.6 is a penalty clause, applicable where the bidder was unable to rpovide the service he is contracted for and not where the beneficiries did not come to collect payment. This scenario is covered under clause 3.4.?
FEES AND PRICING Does the 2 day period also apply to grant funds paid into banking accounts or does the 3 month dormancy rule still apply 2 day period applies to cash, and dormancy applies to bot?
FEES AND PRICING 3. Page 11 (2.6) " not burden Beneficiaries with transaction costs and should be able to accommodate a subsidisation for transaction costs" does this mean the customers are to be charged zero for all transactions and that the R16,50 (max fee) is recouped from SASSA for each social grant payment into the account but no fees from customers at any time afterwards for any transactions done on the account regardless of the client transactional behaviour or would client still be charged for their transactional behaviour but not for "loading of the social grant" Your proposal needs to provide your product offering which should include the number of withdrawals etc a beneficiary would be allowed to make before being charged for further transaction?
LIVE PRINTS ACCEPTED What is meant under 3.1.3.3 "only live prints accepted (Thermal recognition)" - must the scanning also check for a pulse/temperature/other method of confirming that the person is alive, or must thermal scanners be used Print taken of a person and not photocopie?
STATISTICS When will the grant recipients as indicated in Annexure 2 (MTEF) per province, per district and per grant type, and the same for the banks be available in order to do realistic cost calculations The actual statistics as at 31 March 2011 per province, district and grant type will be updated on the website. Bidders are encouraged to use that as basis for projection?
Enrolment Must the applications be in hard copy or electronic format when applying for a grant Applications for grants are SASSA's responsibility and they take place at SASSA's offices and not paypoints. Payment files will be provided to successful bidders electronicall?
Will we have access to SASSA offices and current pay points to enroll people Yes, in consultation with SASSA. also note that there are bedridden beneficiaries who may require home visit?
Payment file Kindly stipulate the details of the Beneficiary for whom the grant is intended for the updating of our current database. Furthermore, will this detail be available in the SOCPEN file for verification during enrolment (Paragraph 3.1.15. Page 24). This information will be part of the payment file. Yes Information includes the following aspects: name/ surname of beneficiaries/ id number / grant type / amount to be paid/ paypoint name/code/ payment date/ gender issues / number of children to be paid. Integration of Socpen System?
Implementaion Date What is the time allowed for the upload of data from the current providers After awarding and signing the contract, the work will commence immediately. But complete implementation will take approximately 3 - 6 months?
Payment Method The current tender's payment requirements are too specific for the proposal of any mobile money transfer solution to supplement current payment offerings. Bidders are allowed to provide innovative solutions that meet the objectives prescribed in para 1.1.
Payment Dates How regularly SASSA pay at each of the Pay Points: do SASSA pay on, for example, at Pay Point A on the 1st, the 2nd, the 10th and the 11th, or do they pay on the first Monday of every month, the second Tuesday of every month, etc. The payment schedules are worked out between SASSA and the service provider and are paid over the first 20 calendar days. So for example, if a pay point is paid on the 1st day of the month, it will be on the 1st t=of that month, or the first working day if the 1st falls on a weekend or public holiday. The schedule for payments are not worked on the first Monday, first Tuesday, etc. Payment schedules are worked out for the year in advance, although there may be changes during the year, with pay points being closed, opened or moved (always done in consultation between SASSA and the contractor).
<fn>GOV-ZA.198857En.2012-02-10.en.txt</fn>
To regulate further the control of trust property; and to provide for matters connected therewith.
'trust property' or ' property' means movable or immovable property, and includes contingent interests in property, which in accordance with the provisions of a trust instrument are to be administered or disposed of by a trustee.
If a document represents the reduction to writing of an oral agreement by which a trust was created or varied, such document shall for the purposes of this Act be deemed to be a trust instrument.
In respect of trust property which is to be administered or disposed of in terms of a testamentary writing, jurisdiction shall lie with the Master in whose office the testamentary writing or a copy thereof is registered and accepted, and in any other case, with the Master in whose area of appointment in terms of the Administration of Estates Act, 1965 (Act 66 of 1965), the greater or greatest portion of the trust property is situated: Provided that a Master who has exercised jurisdiction shall continue to have jurisdiction notwithstanding any change in the situation of the greater or greatest portion of the trust property.
Notwithstanding the provisions of paragraph (a) a Master who would otherwise have no jurisdiction in respect of a trust property may, on written application by any person having an interest in that trust property, and with the consent of the Master who has such jurisdiction, assume jurisdiction of that trust property.
No act performed by a Master in the bona fide belief that he has jurisdiction shall be invalid merely on the ground that it should have been performed by another Master.
If more than one Master has in such belief exercised jurisdiction in respect of the same trust property, that property shall, without prejudice to the validity of any act already performed by or under the authority of any other Master, as soon as it becomes known to the Masters concerned, be administered or disposed of under the supervision of the Master who first exercised such jurisdiction, and any authorization or appointment of a trustee made by any other Master in respect of that property, shall thereupon be cancelled by such other Master.
Except where the Master is already in possession of the trust instrument in question or an amendment thereof, a trustee whose appointment comes into force after the commencement of this Act shall, before he assumes control of the trust property, upon payment of the prescribed fee, lodge with the Master the trust instrument in terms of which the trust property is to be administered or disposed of by him, or a copy thereof certified as a true copy by a notary or other person approved by the Master.
When a trust instrument which has been lodged with the Master is varied, the trustee shall lodge the amendment or a copy thereof so certified with the Master.
A person whose appointment as trustee comes into effect after the commencement of this Act, shall furnish the Master with an address for the service upon him of notices and process and shall, in case of change of address, within 14 days notify the Master by registered post of the new address.
Any person whose appointment as trustee in terms of a trust instrument, section 7 or a court order comes into force after the commencement of this Act, shall act in that capacity only if authorized thereto in writing by the Master.
Provided that where the furnishing of security is required, the Master may, pending the furnishing of security, authorize the trustee in writing to perform specified acts with regard to the trust property.
order a trustee who has been exempted from furnishing security in terms of a trust instrument (except a court order) to furnish security.
If any authorization is given in terms of this section to a trustee which is a corporation, such authorization shall, subject to the provisions of the trust instrument, be given in the name of a nominee of the corporation for whose actions as trustee the corporation is legally liable, and any substitution for such nominee of some other person shall be endorsed on the said authorization.
If the office of trustee cannot be filled or becomes vacant, the Master shall, in the absence of any provision in the trust instrument, after consultation with so many interested parties as he may deem necessary, appoint any person as trustee.
When the Master considers it desirable, he may, notwithstanding the provisions of the trust instrument, appoint as co-trustee of any serving trustee any person whom he deems fit.
When a person who was appointed outside the Republic as trustee has to administer or dispose of trust property in the Republic, the provisions of this Act shall apply to such trustee in respect of such trust property and the Master may authorize such trustee under section 6 to act as trustee in respect of that property.
A trustee shall in the performance of his duties and the exercise of his powers act with the care, diligence and skill which can reasonably be expected of a person who manages the affairs of another.
Any provision contained in a trust instrument shall be void in so far as it would have the effect of exempting a trustee from or indemnifying him against liability for breach of trust where he fails to show the degree of care, diligence and skill as required in subsection (1).
Whenever a person receives money in his capacity as trustee, he shall deposit such money in a separate trust account at a banking institution or building society.
In so far as the registration or identification of trust property being administered by a trustee at the commencement of this Act does not comply with the requirements of subsection (1), the trustee shall within a period of 12 months after the said commencement take such steps or cause such steps to be taken as may be necessary to bring the registration or identification of such property into conformity with the said requirements.
Upon application in terms of subsection (2) to bring the registration of trust property into line with the provisions of subsection (1), the officer in charge of a deeds registry where such trust property is registered, shall free of charge take such steps as may be necessary to effect the required registration.
in the case of trust property other than property referred to in paragraphs (b) or (c) , make such property identifiable as trust property in the best possible manner.
Trust property shall not form part of the personal estate of the trustee except in so far as he as the trust beneficiary is entitled to the trust property.
is in conflict with the public interest, the court may, on application of the trustee or any person who in the opinion of the court has a sufficient interest in the trust property, delete or vary any such provision or make in respect thereof any order which such court deems just, including an order whereby particular trust property is substituted for particular other property, or an order terminating the trust.
Whenever a trust beneficiary under tutorship or curatorship becomes entitled to a benefit in terms of a trust instrument, the tutor or curator of such a beneficiary may on behalf of the beneficiary agree to the amendment of the provisions of a trust instrument, provided such amendment is to the benefit of the beneficiary.
If an irregularity in connection with the administration of a trust comes to the notice of a person who audits the accounts of a trust, such person shall, if in his opinion it is a material irregularity, report it in writing to the trustee, and if such irregularity is not rectified to the satisfaction of such person within one month as from the date upon which it was reported to the trustee, that person shall report it in writing to the Master.
A trustee shall, at the written request of the Master, account to the Master to his satisfaction and in accordance with the Master's requirements for his administration and disposal of trust property and shall, at the written request of the Master, deliver to the Master any book, record, account or document relating to his administration or disposal of the trust property and shall to the best of his ability answer honestly and truthfully any question put to him by the Master in connection with the administration and disposal of the trust property.
The Master may, if he deems it necessary, cause an investigation to be carried out by some fit and proper person appointed by him into the trustee's administration and disposal of trust property.
The Master shall make such order as he deems fit in connection with the costs of an investigation referred to in subsection (2).
A trustee shall not without the written consent of the Master destroy any document which serves as proof of the investment, safe custody, control, administration, alienation or distribution of trust property before the expiry of a period of five years from the termination of a trust.
(Act 66 of 1965), regarding the documents in connection with the estate of a deceased person, the Master shall upon written request and payment of the prescribed fee furnish a certified copy of any document under his control relating to trust property to a trustee, his surety or his representative or any other person who in the opinion of the Master has sufficient interest in such document.
If any trustee fails to comply with a request by the Master in terms of section 16 or to perform any duty imposed upon him by the trust instrument or by law, the Master or any person having an interest in the trust property may apply to the court for an order directing the trustee to comply with such request or to perform such duty.
A trustee may, on the application of the Master or any person having an interest in the trust property, at any time be removed from his office by the court if the court is satisfied that such removal will be in the interests of the trust and its beneficiaries.
If a trustee authorized to act under section 6 (1) is removed from his office or resigns, he shall without delay return his written authority to the Master.
[Para. (d) amended by s. 4 of Act 18 of 1996.
if he fails to perform satisfactorily any duty imposed upon him by or under this Act or to comply with any lawful request of the Master.
Whether or not the trust instrument provides for the trustee's resignation, the trustee may resign by notice in writing to the Master and the ascertained beneficiaries who have legal capacity, or to the tutors or curators of the beneficiaries of the trust under tutorship or curatorship.
A trustee shall in respect of the execution of his official duties be entitled to such remuneration as provided for in the trust instrument or, where no such provision is made, to a reasonable remuneration, which shall in the event of a dispute be fixed by the Master.
Any person who feels aggrieved by an authorization, appointment or removal of a trustee by the Master or by any decision, order or direction of the Master made or issued under this Act, may apply to the court for relief, and the court shall have the power to consider the merits of any such matter, to take evidence and to make any order it deems fit.
The Minister of Justice may make regulations regarding any matter which in terms of this Act is required or permitted to be prescribed.
This Act shall not apply to a trust which has been exempted by any other Act from the application of the Trust Moneys Protection Act, 1934 (Act 34 of 1934), or to a scheme in terms of the Participation Bonds Act, 1981 (Act 55 of 1981).
The laws mentioned in the Schedule are hereby repealed or amended to the extent indicated in the third column thereof.
Anything done under any provision of any law repealed by subsection (1) which may be done under a corresponding provision of this Act, shall be deemed to have been done under that corresponding provision.
This Act shall be called the Trust Property Control Act, 1988, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
Note: The amendments as set out in the Schedule in its original form have been incorporated in the relevant provisions of the respective principal Acts.
The whole Act has been repealed.
Section 5 has been substituted.
the definition of 'trustee' has been inserted.
the word 'administratorship' in subsection (4) has been deleted.
3 Section 5 has been amended by the substitution of the proviso to subsection (2).
subsections (2) and (3) have been deleted.
5 Chapter III has been repealed.
'administrator' wherever it occurs.
subsection (3) has been substituted.
paragraph (i) of subsection (1) has been substituted.
9 Section 108 has been repealed.
10 Section 109 has been substituted.
11 The long title has been substituted.
Section 8 has been amended by the substitution of paragraph (a) of the proviso to subsection (1).
<fn>GOV-ZA.198mediastatetEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1990027En.2012-02-10.en.txt</fn>
To provide the surviving spouse in certain circumstances with a claim for maintenance against the estate of the deceased spouse; and to provide for incidental matters.
'survivor' means the surviving spouse in a marriage dissolved by death.
[NB: The definition of 'survivor' has been substituted by s. 8 of the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009, a provision which will be put into operation by proclamation. See PENDLEX.
If a marriage is dissolved by death after the commencement of this Act the survivor shall have a claim against the estate of the deceased spouse for the provision of his reasonable maintenance needs until his death or remarriage in so far as he is not able to provide therefor from his own means and earnings.
The survivor shall, in respect of a claim for maintenance, not have a right of recourse against any person to whom money or property has been paid, delivered or transferred in terms of section 34 (11) or 35 (12) of the Administration of Estates Act, 1965 (Act 66 of 1965), or pursuant to an instruction of the Master in terms of section 18 (3) or 25 (1) (a) (ii) of that Act.
The proof and disposal of a claim for maintenance of the survivor shall, subject to paragraphs (b) , (c) and (d) , be dealt with in accordance with the provisions of the Administration of Estates Act, 1965 (Act 66 of 1965).
The claim for maintenance of the survivor shall have the same order of preference in respect of other claims against the estate of the deceased spouse as a claim for maintenance of a dependent child of the deceased spouse has or would have against the estate if there were such a claim, and, if the claim of the survivor and that of a dependent child compete with each other, those claims shall, if necessary, be reduced proportionately.
In the event of a conflict between the interests of the survivor in his capacity as claimant against the estate of the deceased spouse and the interests in his capacity as guardian of a minor dependent child of the deceased spouse, the Master may defer the claim for maintenance until such time as the court has decided on the claim.
The executor of the estate of a deceased spouse shall have the power to enter into an agreement with the survivor and the heirs and legatees having an interest in the agreement, including the creation of a trust, and in terms of the agreement to transfer assets of the deceased estate, or a right in the assets, to the survivor or the trust, or to impose an obligation on an heir or legatee, in settlement of the claim of the survivor or part thereof.
[Para. (d) substituted by s. 2 of Act 1 of 1992.
the standard of living of the survivor during the subsistence of the marriage and his age at the death of the deceased spouse.
This Act shall be called the Maintenance of Surviving Spouses Act, 1990, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.19901987024CertainDivorceMattersRegEn.2012-02-10.en.txt</fn>
GNR.
Act, 1987 (Act No.
[These regulations were published under Government Notice R2385 in Government Gazette 12781 of 3 October 1990 and amended by Government Notice R2513 in Government Gazette 14263 of 11 September 1992, by Government Notice R920 in Government Gazette 14822 of 19 May 1993, by GN R1342 in Government Gazette 17371 of 12 August 1996, Government Notice R1123 in Government Gazette 22822 of 16 November 2001 and by Government Notice R251 in Government Gazette 27406 of 22 March 2005.
Annexure B Regulation 3 of The Mediation in Certain Divorce Matters Regulations, 1990 - Request to family advocate to institute an enquiry in terms of section 4 of The Mediation in Certain Divorce Matters Act 1987 (Act No.
Definitions.
"Court" means a High Court contemplated in section 166 of the Constitution of the Republic of South Africa, 1996 (Act No.
No. 9 of 1929, as the case may be; [Definition of "Court" inserted by GNR.1123 of 2001.
"Registrar of the Supreme Court" [Definition of "Registrar of the Supreme Court" deleted by GNR.1123 of 2001.
[Definition of "Supreme Court" deleted by GNR.1123 of 2001.
"the Act" means the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987).
For purposes of the calculation of any period referred to in these regulations, a Saturday, Sunday or public holiday shall, except where expressly otherwise provided, be disregarded.
Institution of certain divorce actions and lodging of certain applications for variation, rescission or suspension of certain court orders.
an applicant in any application for the variation, rescission or suspension of an order made in terms of the Divorce Act, 1979 (Act No. 70 of 1979), in relation to any minor or dependent child of the marriage concerned, which action is instituted or application is made on or after such coming into operation, shall, together with the summons or notice of motion whereby such action is instituted or application is made, deliver or cause to be delivered to the defendant or respondent, as the case may be, a completed form, duly sworn or affirmed, corresponding substantially to Annexure A, and file with the Registrar of the Court two copies thereof.
[Subreg. (1) amended by GNR.1123 of 2001.
[Para. (a) amended by GNR.1123 of 2001.
shall, at the same time, file two copies of such form with the Registrar of the Court. [Para. (b) amended by GNR.1123 of 2001.
The Registrar of the Court shall, as soon as practicable after an action or application referred to in subregulation (1) has been filed with him, transmit to the Family Advocate a copy of the summons or application instituting or bringing such action or application and, if filed, the completed form referred to in subregulations (1) and (2).
[Subreg. 3 amended by GNR.1123 of 2001.
Request by court or party to divorce action or application for variation, rescission or suspension of court order relating to minor or dependent children for enquiry to be instituted by Family Advocate.-(1) When a court has, in terms of section 4 of the Act, requested the Family Advocate to institute an enquiry referred to in that section, the Registrar of the Court shall endorse on the court file accordingly, and shall forthwith inform the Family Advocate in writing of such request.
A party to proceedings referred to in regulation 2 shall, if any such action or application is in any manner settled, not take any further step in terms of the rules of the Court, unless such party has furnished the Family Advocate with all particulars in relation to. such settlement, in so far as such settlement relates to any minor or dependent child of the marriage concerned.
file a further copy of such form with the Registrar of the Court. [Para. (b) amended by GNR.1123 of 2001.
[Subreg. (3) amended by GNR.1123 of 2001.
Application by Family Advocate to court for an order authorising an enquiry for purposes of report and recommendation to court on welfare of minor or dependent children.- An application by the Family Advocate contemplated in section 4 (2) of the Act shall be made either orally or in writing in a form corresponding substantially to Annexure C.
4A. Circumstances in which court may cause investigation to be carried out by Family Advocate in maintenance inquiries and domestic violence proceedings.-(1) For the purposes of this regulation "court" means any court contemplated in the Magistrate's Courts Act, 1944 (Act No. 32 of 1944), or any family court or maintenance court established in terms of an Act of Parliament, as the case may be.
A court may cause an investigation to be carried out by a Family Advocate as contemplated in section 10 (1A) of the Maintenance Act, 1998 (Act No. 99 of 1998), or section 5 (1A) of the Domestic Violence Act, 1998 (Act No.
necessary in view of the complexity of any matter or issue that affects such a minor or dependent child. [Reg. 4A inserted by GNR.
Procedure to be followed by Family Advocate in enquiry instituted for purposes of report and recommendation to court on welfare of minor or dependent children.-(1) The Family Advocate shall as soon as practicable after receipt of a request referred to in regulation 3, subject to the provisions of this regulation, institute an enquiry in such manner as he may deem expedient or desirable.
The Family Advocate may, if he deems it necessary for an enquiry referred to in subregulation (1), require any person to submit to him such affidavits or other statements in writing or reports, documents or things as the Family Advocate may deem necessary.
The Family Advocate shall submit his report and recommendation to the Registrar of the Court within 15 days after the completion of his enquiry or within such shorter period as may be determined by the court, and shall deliver or cause to be delivered to the plaintiff or defendant, or the applicant or respondent, as the case may be, copies of such report and recommendation.
Appointment by Family Advocate or Family Counsellor or persons to assist him with an enquiry for purposes of report or recommendation to court on welfare of minor or dependent children.-The Family Advocate or Family Counsellor who institutes an enquiry in terms of section 4 of the Act may appoint a person or persons to assist him with such an enquiry.
Appointment of advisory committees.-The Minister may appoint an advisory committee referred to in section 5 (1) (e) of the Act at each division of the Court. [Reg. 7 amended by GNR.1123 of 2001.
of the Act to act in a specific divorce action or an application or in more than one such action or application.
For appearance in court: R300,00 per day, irrespective of the number of such actions or applications in connection with which he appears before the court on that day.
For conducting an enquiry referred to in section 4 (1) of the Act: R300,00 for the first day spent on such enquiry and R100,00 for each subsequent day spent on such enquiry.
For drafting a written report referred to in section 4 (1) of the Act: R50,00 per hour or part of an hour actually spent on the drafting of such report, subject to a maximum amount of R300,00 per day.
any deed of settlement referred to in regulation 3 (3) which does not have a bearing on a court appearance, conducting an enquiry or drafting a written report referred to in paragraphs (a), (b) and (c), respectively, of this subregulation, subject to a maximum amount of R300,00 per day.
the actual expenses reasonably incurred by him in respect of accommodation and meals, and a special allowance of R20,00 per day for incidental expenses.
If, in rendering a service contemplated in subregulation (2), a Family Advocate referred to in subregulation (1) is absent for a period of less than 24 hours from the city or town where he normally works or resides and is not obliged to rent accommodation for the night, he shall be paid an all-inclusive allowance of R25,00 per day.
Whenever a Family Advocate referred to in subregulation (1) makes use of public transport for the purposes of appearing in court or conducting an enquiry (as contemplated in that subregulation) at a city or town other than the city or town where he normally works or resides, an allowance equal to the actual cost of such transport for the forward and return journey by the shortest convenient route shall be paid to him: Provided that if more than one suitable means of public transport is available, such actual cost shall be deemed to be the amount of money which, in the circumstances, would have been charged for transportation by the least expensive of such means of public transport.
Whenever a Family Advocate referred to in subregulation (1) makes use of private transport for the purposes of appearing in court or conducting an enquiry at a city or town other than the city or town where he normally works or resides, an amount for the forward and return journey by the shortest convenient route, calculated at R1,10 per kilometre in the case of a vehicle with an engine swept volume of 2 150 cm3 or less, R1,14 per kilometre in the case of a vehicle with an engine swept volume of 2 151 cm3 to 2 500 cm3, inclusive, R1,27 per kilometre in the case of a vehicle with an engine swept volume of 2 501 cm3 to 3 500 cm3, inclusive or R1,42 per kilometre in the case of a vehicle with an engine swept volume of over 3 500 cm3, shall be paid to him.
[Reg. 7A (4) (b) amended by GN R1342 of 1996.
In so far as the costs of the transport, accommodation or meals of a Family Advocate referred to in subregulation (1) are borne by or defrayed from any other source, no allowance shall be payable to him in terms of subregulation (2), (3) or (4), whichever may be applicable.
When submitting, for payment in terms of subregulation (2) (b), a claim for the actual expenses incurred by him in respect of accommodation and meals, a Family Advocate referred to in subregulation (1) shall submit the necessary receipts or other vouchers in support of such expenses to the Registrar of the Court.
[Subreg. (6) amended by GNR.1123 of 2001.
The decision of the Registrar of the Court regarding the amounts payable in terms of this regulation shall be final. [Reg. 7A inserted by GNR.2513 of 1992. Subreg. (7) amended by GNR.1123 of 2001.
7B. Remuneration and allowances payable to a Family Counsellor and remuneration payable to a person appointed to assist a Family Advocate or a Family Counsellor.-(1) In this regulation "person" means a person or persons appointed under regulation 6.
the actual expenses reasonably incurred by him in respect of accommodation and meals, and a special remuneration of R20,00 per day for incidental expenses.
If a Family Counsellor or a person is absent for a period of less than 24 hours from the city or town where he normally works or resides and is not obliged to rent accommodation for the night he shall be paid an all-inclusive remuneration of R25,00 per day.
Whenever a Family Counsellor or a person makes use of public transport for the purposes of rendering assistance a remuneration equal to theactual cost of such transport for the forward and return journey by the shortest convenient route shall be paid to him: Provided that if more than one suitable means of public transport is available, the actual cost shall be deemed to be the amount of money which, in the circumstances, would have been charged for transportation by the least expensive of such means of public transport.
Whenever a Family Counsellor or a person makes use of private transport for the purposes of rendering assistance he shall be paid an amount for the forward and return journey by the shortest convenient route, calculated at R1,10 per kilometre in the case of a vehicle with an engine swept volume of 2 150 cm3 or less, R1,14 per kilometre in the case of a vehicle with an engine swept volume of 2 151 cm3 to 2 2500 cm3, inclusive, R1,27 per kilometre in the case of a vehicle with an engine swept volume of 2 501 cm3 to 3 500 cm3, inclusive or R1,42 per kilometre in the case of a vehicle with an engine swept volume of over 3 500 cm3, shall be paid to him.
[Reg. 7B (4) (b) amended by GN R1342 of 1996.
A Family Counsellor or a person who is an officer in the Public Service or who is in the service of a body or organisation that receives financial aid from the State shall not be entitled to any remuneration payable to him in terms of subregulation (2), (3) or (4), whichever may be applicable.
When submitting for payment in terms of subregulation (2) (ii) a claim for the actual expenses incurred by him in respect of accommodation and meals, a Family Counsellor or a person shall submit the necessary receipts or other vouchers in support of his expenses to the Registrar of the Court.
[Reg. 7B inserted by GNR.920 of 1993. Subreg. (6) amended by GNR.1123 of 2001.
7C. Miscellaneous provisions.-The decision of the Registrar of the Court regarding the amounts payable in terms of regulations 7A and 7B shall be final. [Reg. 7C inserted by GNR.920 of 1993 and amended by GNR.1123 of 2001.
Application of these regulations.-These regulations shall apply only in respect of a division of the Court at which a Family Advocate has been appointed under section 2 of the Act. [Reg. 8 amended by GNR.1123 of 2001.
Title and commencement.
Matters Regulations, 1990, and shall come into operation on 8 October 1990. [Reg. 7B (4) (b) amended by GN R1342 of 1996.
REGULATION 2 OF THE MEDIATION IN CERTAIN DIVORCE MATTERS REGULATIONS, 1990 [Annexure A substituted by GNR.1123 of 2001.
Case No.
state where the children are to live, furnish particulars of the accommodation, what other persons (name them) are living there and who will look after the children. if it is proposed that the children should be in the care of a person other than yourself, state whether or not that person has agreed to this arrangement.
State the name of the school or other educational establishment which your children are at present attending, or, if any of them are already working, their place of employment, the nature of their work and details of any training they are receiving.
Is it envisaged that the children, after the conclusion of the action/application, will have to change schools if so, give full details?
Do any of the children experience learning problems are any of them in any respect physically o?
My LexisNexis - Custom View Document Page 8 of 11 mentally disabled if so, give full details and attach recent medical reports?
What arrangements have been made regarding rights of access of your husband/wife state the details of any such arrangement?
Set out any further details concerning your minor or dependent children which may be relevant to the custody of, or access to and financial provision for such children, e.g. whether any such children have been convicted of any criminal offence or whether any such children have been subject to an order in terms of the Child Care Act, 1983 (Act no.
State briefly the extent to which the above arrangements regarding your minor or dependent children are the result of mutual agreement with your husband/wife?
Are you or a member of your family known to a welfare organisation or agency if so, state the name of the organisation/agency and where it operates?
Hereby declare under oath/hereby truly affirm* that to the best of my knowledge and belief the foregoing statements are true, complete and correct.
Do you know and understand the contents of the above declaration Answe?
Do you have any objection to taking the prescribed oath Answe?
I certify that the deponent has acknowedged that he/she* knows and understands the contents of this declaration which was sworn to/affirmed before* me, and the deponent's signature/thumb print/mark* was placed thereon in my presence.
Delete whichever is not applicable.
Is applicant a party to an action/application involving minor or dependent children?
Where was the action/application instituted/lodged?
When was the action/application instituted/lodged?
Are you or a member of your family known to any welfare organisation or agency If so, state the name of the organisation/agency and where it operate?
REGULATION 4 OF THE MEDIATION IN CERTAIN DIVORCE MATTERS REGULATIONS, 1990 [Annexure C substituted by GNR.1123 of 2001.
Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987), into the welfare of the minor and/or dependent children of the above-named parties.
Divorce Court* is hereby under an order of The Court given on authorised to institute an enquiry contemplated in section 4(1) of the Mediation in Certain Divorce Matters Act, 1987 (Act No.
1987, in respect of the minor and/or dependent children of the above-named parties.
<fn>GOV-ZA.1990En.2012-02-10.en.txt</fn>
o complete the appropriate sections of the BI-1663 o issue a burial order o take the completed form to a Home Affairs office for registration of the death and issuing of a death certificate o transmit the death certificate to the next-of-kin.
<fn>GOV-ZA.1992140En.2012-02-10.en.txt</fn>
he is the Director-General: Welfare who acquires, buys or sells any such substance in accordance with the requirements of the Medicines Act or any regulation made thereunder; [Sub-para. (ii) amended by s. 4 of Act No. 18 of 1996.
[S. 7 repealed by s. 79 (b) of Act No. 121 of 1998.
Designated officers.-For the purposes of this Chapter, every commissioned officer of the South African Police Service assigned to the South African Narcotics Bureau shall be a designated officer.
[S. 8 amended by s. 4 of Act No. 18 of 1996.
[Sub-s. (1) substituted by s. 79 (b) of Act No. 121 of 1998.
subject to the conditions, if any, determined by any such Minister, authority, board, institution, body or person.
entertainment or at the nearest police station, as the case may be; and he may have available regarding the person in respect of whom the suspicion exists.
any financial instrument trader as defined in of the Financial Markets Control Act, 1989 (), [Para. (b) substituted by s. 45 (2) (b) of Act No. 37 of 2002.
as soon as possible report his suspicion to any designated officer; and at the request of that designated officer, furnish the said officer with such particulars as he may have available regarding the person from whom that property has been acquired.
No obligation as to secrecy and no other restriction on the disclosure of any information as to the affairs or business of a customer or client, whether imposed by any law, the common law or any agreement, shall affect any obligation incurred by virtue of the provisions of subsection (2) or (3).
request the master, pilot or owner of any vessel or aircraft to sail or to fly any such vessel or aircraft, or to cause it to be sailed or flown, to such harbour or airport as may be indicated by the police official.
Interrogation of persons under warrant of apprehension.-(1) Whenever it appears to a magistrate from information submitted to him on oath by the attorney-general concerned, or by any public prosecutor authorized thereto in writing by that attorneygeneral, that there are reasonable grounds for believing that any person is withholding any inform- ation as to a drug offence, whether the drug offence has been or is likely to be committed in the Republic or elsewhere, from that attorney-general, any such public prosecutor or any police official, as the case may be, he may issue a warrant for the arrest and detention of any such person.
Any person detained in terms of this section may at any time make repres- entations in writing to the magistrate relating to his detention or release.
to a person indicated by that detainee.
For the purposes of this section "magistrate" includes an additional magistrate.
contravenes a provision of section 5 (b), shall be guilty of an offence.
No prosecution shall be instituted in respect of an offence referred to in subsection (1) without the written authority of the attorney-general concerned.
Offences relating to powers of police officials.
shall be guilty of an offence.
Penalties.
in the case of an offence referred to in section 13 (b) or (d), 14 or 15, to such fine as the court may deem fit to impose, or to imprisonment for a period not exceeding 15 years, or to both such fine and such imprisonment; and in the case of an offence referred to in section 13 (f), to imprisonment for a period not exceeding 25 years, or to both such imprisonment and such fine as the court may deem fit to impose.
Presumptions relating to health matters.
whether any drug has been acquired or bought in terms of any oral instruction or prescription in writing of a medical practitioner, veterinarian, dentist or practitioner, it shall be presumed, until the contrary is proved, that such drug has not been acquired or bought in terms of any such instruction or prescription.
If in the prosecution of any person for an offence referred to in section 13 (e) or (f) it is proved that the accused was found in possession of a quantity of drugs which exceeds the quantity of such drugs which the accused could have acquired or bought for medicinal purposes in terms of a particular oral instruction or a particular prescription in writing of a medical practitioner, veterinarian, dentist or practitioner, it shall be presumed, until the contrary is proved, that the accused dealt in such drugs.
Presumption relating to possession of drugs.-If in the prosecution of any person for an offence under this Act it is proved that any drug was found in the immediate vicinity of the accused, it shall be presumed, until the contrary is proved, that the accused was found in possession of such drug.
"school grounds", in relation to a school, means land, whether it is contiguous or not, buildings or accommodation, sporting or other facilities used for or in connection with the activities of the school.
that he acquired that property in good faith; and that the circumstances under which he acquired that property were not of such a nature that he could reasonably have been expected to have suspected that it was the proceeds of a defined crime.
Presumption relating to reporting of information.
For the purposes of subsection (1) (b) the fact that an employer or principal forbade an act or omission of the kind in question shall not by itself be regarded as sufficient that he took all reasonable steps to prevent such an act or omission.
Interests of third parties.
that he did not know that the animal, vehicle, vessel, aircraft, container or article in question was used or would be used as contemplated in the said paragraph (b), or that the immovable property in question was used or would be used as contemplated in the said paragraph (c), as the case may be; or that he could not prevent such use.
Any person aggrieved by a determination made by the court under subsection (2), may appeal against the determination as if it were a conviction by the court making the determination, and such appeal may be heard either separately or jointly with an appeal against the conviction as a result of which the declaration of forfeiture was made, or against a sentence imposed as a result of such conviction.
[Chapter V repealed by of.
54 to 62 inclusive. . . . . ..
Amendment of Schedules 1 and 2.
otherwise amend that Schedule.
Jurisdiction of magistrate's courts.
[S. 65 repealed by s. 36 of Act No. 75 of 1996.
Schedule 1 amended by Government Notice No. R.344 of 13 March 1998, by Government Notice No.
Norephedrine, including its optical isomers.
R.760 of 11 June 1999 and by Government Notice No. R.521 of 15 June 2001.
The following substances, namely- Amobarbital, cyclobarbital and pentobarbital, except preparations and mixtures containing not more than 30 milligrams per minimum recommended or prescribed dose when intended for continued use in asthma or containing not more than 50 milligrams per minimum recommended or prescribed dose when intended for continued use in epilepsy. Buprenorphine. Butalbital. Cathine ((+)-norpseudoephedrine), except preparations and mixtures containing 50 milligrams or less of cathine per dosage unit. Chlorphentermine. Diethylpropion (amfepramone). Flunitrazepam. Gluthethimide. Meptazinol. Pentazocine.
The following substances or plants, namely- Acetorphine.
described as chlorodyne, except preparations and mixtures containing not more than 5,0 per cent of chloro- dyne in combination with other active medicinal substances.
Coca leaf and any salt, compound, derivative or preparation of coca leaf, and any salt, compound, derivative or preparation thereof that is chemically equivalent or identical to any of these substances, whether obtained directly or indirectly by extraction from material or substances obtained from plants, or obtained independently by chemical synthesis, or by a combination of extraction and chemical synthesis, except decocainized coca leaf and extractions of coca leaf where such extractions contain no cocaine or ecgonine.
milligrams of difenoxin, calculated as the base, and a quantity of atropine sulphate equal to at least 5,0 per cent of the quantity of difenoxin, calculated as the base, which is present in the mixture.
Ecgonine and the esters and derivatives thereof which are convertible to ecgonine and cocaine.
Morphine-N-oxide and the derivatives thereof.
combination of extraction and chemical synthesis.
Pethidine, pethidine-intermediate A, pethidine-intermediate B and pethidine-intermediate C.
pholcodine per recommended or prescribed dose.
all preparations and mixtures of the specified substances or plants and of the isomers, esters, ethers and salts referred to in this paragraph.
Undesirable Dependence-Producing Substances tetrahydrocannabinol]. Cathinone. Dexamphetamine. Diethyltryptamine [3-(2-(diethylamino)-ethyl)-indole;cb. 2,5-dimethoxyamphetamine (DMA). 2,5-dimethoxy-4-ethylamphetamine (DOET).
Psilocybin (4-phosphoryloxy-N, N-dimethyltryptamine).
The next-of-kin or the funeral undertaker must then submit the documentation to any Home Affairs office (or if there is no Home Affairs office in the area, to any branch of the SAPS) for issuing of a burial order and further processing of the registration documentation.
<fn>GOV-ZA.199243En.2012-02-10.en.txt</fn>
To amend the General Law Amendment Act, 1952, so as to repeal a certain provision; to amend the Wills Act, 1953, so as to define or more closely define certain expressions; to further regulate the formalities in the execution of wills; to provide for cases where such formalities are not complied with; to grant a court the power to declare a will to be revoked; to regulate the effect of a divorce or the annulment of a marriage on a will; to provide for the vesting of certain benefits from the testator's will in the surviving spouse or the descendants of certain persons; to provide for the interpretation of wills in certain cases; to repeal the provision for a soldier's will; to further regulate the competency of certain persons to receive a benefit under a will or to be nominated as executor; to repeal the application of the Act to South West Africa; and to provide for the form in which certain certificates may be drawn up; to amend the Administration of Estates Act, 1965, so as to further regulate certain powers and functions of the Master in relation to wills; to amend the Intestate Succession Act, 1987, so as to provide for the vesting of certain benefits from an intestate estate in the surviving spouse or the descendants of certain persons; and to provide for matters connected therewith.
1 Repeals section 24 of the General Law Amendment Act 32 of 1952.
inserts the definition of 'internal law'; paragraph (d) substitutes the definition of 'Master'; and paragraph (e) substitutes the definition of 'sign'.
3 Amends section 2 of the Wills Act 7 of 1953 , as follows: paragraph (a) substitutes in subsection (1) the words preceding paragraph (a) ; paragraph (b) substitutes subsection (1) (a) (iv); paragraph (c) substitutes subsection (1) (a) (v); paragraph (d) substitutes in subsection (1) (b) the expression 'amendment' for the expression 'deletion, addition, alteration or interlineation', wherever it occurs; paragraph (e) substitutes subsection (1) (b) (iv); paragraph (f) substitutes subsection (2); and paragraph (g) adds subsections (3) and (4).
4 Inserts sections 2A, 2B, 2C and 2D in the Wills Act 7 of 1953.
5 Repeals section 3 of the Wills Act 7 of 1953.
'internal law' for the expression 'law', wherever it occurs. 7 Inserts section 4A in the Wills Act 7 of 1953 . 8 Repeals sections 5 and 6 of the Wills Act 7 of 1953 . 9 Substitutes section 7 of the Wills Act 7 of 1953.
LAW OF SUCCESSION AMENDMENT ACT 43 OF 1992 Page 2 of 2 10 Repeals section 8 of the Wills Act 7 of 1953.
11 Inserts Schedules 1 and 2 in the Wills Act 7 of 1953 , the existing Schedule becoming Schedule 3.
12 Amends section 8 of the Administration of Estates Act 66 of 1965 by inserting subsections (4A) and (4B).
13 Amends section 54 (1) (b) of the Administration of Estates Act 66 of 1965 by substituting subparagraph (i).
14 Amends section 1 of the Intestate Succession Act 81 of 1987 , as follows: paragraph (a) deletes subsection (4) (c) ; and paragraph (b) adds subsections (6) and (7).
[Para. (b) amended by s. 32 of Act 139 of 1992.
The provisions of this Act are, subject to the provisions of section 7 of the Wills Act, 1953 (Act 7 of 1953), not applicable to a will of which the testator died before the commencement of this Act.
This Act shall be called the Law of Succession Amendment Act, 1992, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.1993090En.2012-02-10.en.txt</fn>
To provide for the establishment, constitution, objects and functions of a Magistrates Commission; to further regulate the appointment and remuneration of, and vacation of office by, magistrates; to provide that certain conditions of service of magistrates and other judicial officers may be determined by regulation; and to provide for matters in connection therewith.
'chairperson' means the chairperson of the Commission appointed in terms of section 3 (1) (a) (i); [Definition of 'chairperson', formerly definition of 'chairman', amended by s. 8 (a) of Act 35 of 1996.
'magistrate' means a judicial officer appointed under section 9 of the Magistrates' Courts Act read with section 10 of this Act; [Definition of 'magistrate' substituted by s. 2 (a) of Act 28 of 2003.
'remuneration' means the remuneration that a magistrate is entitled to in terms of section 12; [Definition of 'remuneration' inserted by s. 2 (c) of Act 28 of 2003.
[Definition of 'salary' deleted by s. 2 (b) of Act 28 of 2003.
'this Act' includes the regulations under section 16.
There is hereby established a commission, to be known as the Magistrates Commission, with the powers and duties conferred on or assigned to the Commission by or under this Act or any other law.
[S. 2 amended by s. 8 (i) of Act 35 of 1996.
[Sub-para. (xi) substituted by s. 29 (1) of Act 62 of 2000.
five fit and proper persons appointed by the President in consultation with the Cabinet, at least two of whom shall not be involved in the administration of justice or the practice of law in the ordinary course of their business.
The chairperson shall designate one of the persons referred to in paragraph (a) (iii) to (v), inclusive, as vice-chairperson of the Commission, and when the chairperson is not available, the vice-chairperson shall perform the functions assigned to the chairperson by or under this Act.
[Sub-s. (1) substituted by s. 1 (a) of Act 35 of 1996.
A member of the Commission shall be appointed or designated for a period not exceeding five years, and any such appointment or designation may be withdrawn by the appointing or designating authority, as the case may be, at any time after consultation with the Commission if in his, her or its opinion * there are sound reasons for doing so.
[Sub-s. (2) substituted by s. 1 (b) of Act 35 of 1996.
Any person whose period of office as a member of the Commission has expired, may be reappointed or redesignated. [Sub-s. (3) substituted by s. 1 (c) of Act 35 of 1996.
[Para. (e) amended by s. 8 (e) of Act 35 of 1996.
[Para. (g) amended by s. 8 (e) of Act 35 of 1996.
the efficiency of the administration of justice, in the lower courts. [Para. (h) amended by s. 8 (e) of Act 35 of 1998.
if both the chairperson and the vice-chairperson of the Commission are not available, by the majority of the members of the Commission.
[Sub-s. (1) amended by s. 8 (a) , (b) and (c) of Act 35 of 1996.
If both the chairperson and the vice-chairperson of the Commission are absent from a meeting of the Commission, the members present shall elect one of their number to preside at that meeting.
[Sub-s. (3) amended by s. 8 (a) and (b) of Act 35 of 1998.
may establish such other committees as the Commission may deem necessary, consisting of one or more members of the Commission designated by the Commission and one or more other persons, if any, whom the Commission may appoint for that purpose and for the period determined by the Commission.
[Sub-s. (1) substituted by s. 3 (a) of Act 35 of 1996.
The Commission may extend the period of an appointment made by the Commission under subsection (1) or withdraw such appointment during the period referred to in that subsection.
[Sub-s. (2) amended by s. 8 (i) of Act 35 of 1996.
Commission deems it necessary, a vice-chairperson. [Sub-s. (3) amended by s. 8 (a) , (b) and (i) of Act 35 of 1996.
(a) A committee shall, in accordance with the policy laid down by the Commission and subject to the directions of the Commission, perform such functions of the Commission as the Commission may assign to such committee.
Any function so performed by the executive committee referred to in subsection (1) (a) shall be deemed to have been performed by the Commission.
[Sub-s. (4) substituted by s. 3 (b) of Act 35 of 1996.
On completion of the functions assigned in terms of subsection (4) to a committee referred to in subsection (1) (b) , such committee shall submit a written report thereon to the Commission.
[Sub-s. (5) substituted by s. 3 (c) of Act 35 of 1996.
determining the powers and functioning of such structure.
[S. 6A inserted by s. 4 of Act 35 of 1996.
The Commission shall, pending the creation of the structure contemplated in section 6A, establish one or more committees dealing with complaints in terms of this section, consisting of one or more members of the Commission designated by the Commission and one or more other persons, if any, whom the Commission may appoint for a specified period.
The provisions of section 6 (2), (3) and (7) shall, with the necessary changes, apply to the extension of the period of appointment of a member of the committee, the designation of a chairperson of the committee and to a meeting of the committee.
The Commission shall take all such steps as the Commission deems appropriate so as to ensure that the committee is accessible to the public.
all other relevant information known to him or her.
The committee shall be competent to investigate and gather evidence in regard to any complaint referred to in subsection (4) in accordance with a procedure prescribed by regulation.
as soon as possible, make the findings of an investigation available to the complainant and to any person implicated thereby.
On the date that the regulations contemplated in section 6A come into operation, this section shall lapse.
[S. 6B inserted by s. 4 of Act 35 of 1996.
The provisions of sections 6A and 6B shall not be construed as empowering the structure, committee or the Commission to interfere with the judicial independence or the judicial functioning of a magistrate.
[S. 6C inserted by s. 4 of Act 35 of 1996.
[Para. (a) amended by s. 8 (i) of Act 35 of 1996.
[Para. (c) amended by s. 8 (i) of Act 35 of 1996.
[Para. (d) amended by s. 8 (e) of Act 35 of 1996.
[Para. (e) amended by s. 8 (i) of Act 35 of 1998.
subject to the provisions of subsection (2), report to the Minister for the information of Parliament on any matter the Commission deems fit.
A report regarding a matter contemplated in subsection (1) (f) , shall be tabled in Parliament by the Minister within 14 days after it was presented to him or her, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
[Sub-s. (2) amended by s. 8 (e) of Act 35 of 1996.
A committee may, subject to the directions of the Commission, exercise any of the powers referred to in subsection (1) (a) , (b) or (c).
Any person who intentionally obstructs the Commission or a committee in the exercising of its powers under subsection (1) (a) , (b) or (c) , shall be guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding three months.
[Para. (f) amended by s. 8 (i) of Act 35 of 1996.
[Sub-s. (1) amended by s. 8 (k) of Act 35 of 1996.
and (xi), may be paid such allowances for travelling and subsistence expenses incurred by him or her in the performance of his or her functions in terms of this Act as the Minister may determine with the concurrence of the Minister of State Expenditure.
[Sub-s. (1) amended by s. 8 (a) of Act 35 of 1996.
A member of the Commission or a committee who is not a judge or magistrate or a member of the Commission designated in terms of section 3 (1) (a) (x) and (xi) or who is not subject to the laws governing the public service, may be paid such remuneration, including allowances for travelling and subsistence expenses incurred by him or her in the performance of his or her functions in terms of this Act, as the Minister may determine with the concurrence of the Minister of State Expenditure.
[S. 8 amended by s. 19 of Act 104 of 1996 and substituted by s. 5 of Act 35 of 1996.
The work incidental to the performance by the Commission of its functions shall be performed by officers of the Department of Justice designated by the Director-General: Justice, of whom one shall be designated by him or her as secretary of the Commission.
[S. 9 amended by s. 8 (e) of Act 35 of 1998.
The Minister shall, after consultation with the Commission, appoint magistrates in respect of lower courts under and subject to the Magistrates' Courts Act. [Date of commencement of s. 10: 11 March 1994.
Subject to the provisions of this Act, the conditions of service of a magistrate shall be determined in accordance with the regulations under section 16. [Date of commencement of s. 11: 11 March 1994.
approved by Parliament in terms of subsection (3).
President in respect of different categories of magistrates.
the Chief Justice or a person designated by the Chief Justice.
A notice in terms of subsection (1) (a) or any provision thereof may commence with effect from a date specified in the notice, which date may not be more than one year before the date of publication of the notice.
A notice issued under subsection (1) (a) must be submitted to Parliament for approval before publication thereof.
disapprove the notice.
The amount of any remuneration payable in terms of subsection (1), shall be paid out of the National Revenue Fund as contemplated in section 213 of the Constitution.
the remuneration attached to that office exceeds the remuneration attached to the office ordinarily held by the magistrate, he or she shall, for the duration of such appointment, be entitled to such additional remuneration as determined from time to time by the Minister.
For the purpose of paragraph (a) additional remuneration must be calculated by the day, and any part of a day must be reckoned as a day.
The remuneration of magistrates shall not be reduced except by an Act of Parliament.
If an officer or employee in the public service is appointed as a magistrate, the period of his or her service as a magistrate shall be reckoned as part of and continuous with his or her service in the public service for the purposes of leave, pension and any other condition of service.
[S. 12 amended by s. 4 of Act 18 of 1996, by s. 8 (g) of Act 35 of 1996, by s. 19 of Act 104 of 1996 and by s. 35 (1) of Act 47 of 1997 and substituted by s. 3 of Act 28 of 2003.
[Date of commencement of s. 12: 11 March 1994.
if he or she attains the said age after the first day of any month, he or she shall be deemed to attain that age on the first day of the next ensuing month.
[Sub-s. (1) amended by s. 8 (c) and (g) of Act 35 of 1996 and substituted by s. 11 of Act 122 of 1998.
an investigation has been instituted by the Commission into such magistrate's fitness to hold office.
A report in which the provisional suspension in terms of paragraph (a) of a magistrate and the reasons therefor are made known, must be tabled in Parliament by the Minister within seven days of such suspension, if Parliament is then in session, or, if Parliament is not then in session, within seven days after the commencement of its next ensuing session.
Parliament must, as soon as is reasonably possible, pass a resolution as to whether or not the provisional suspension of the magistrate is confirmed.
If Parliament passes a resolution as contemplated in paragraph (c) that the provisional suspension is not confirmed, the suspension lapses.
The provisional suspension of a magistrate in terms of paragraph (a) lapses after 60 days from the date of the suspension, unless the Commission, within that period, commences its inquiry into the allegation in question by causing a written notice containing the allegation concerned to be served on the magistrate.
An inquiry referred to in paragraph (e) must be concluded as soon as possible, and the Commission must cause a report on the progress in respect of that inquiry to be submitted to Parliament every three months.
a resolution referred to in subsection (4) (c) , pass a resolution setting aside the suspension of the magistrate concerned, whereupon the suspension shall lapse forthwith.
[Sub-s. (3) amended by s. 6 of Act 35 of 1996 and substituted by s. 4 of Act 28 of 2003.
on account of incapacity to carry out the duties of his or her office efficiently, the Minister must suspend that magistrate from office or, if the magistrate is at that stage provisionally suspended in terms of subsection (1) (a) , confirm the suspension.
A report in which the suspension in terms of paragraph (a) of a magistrate and the reason therefor are made known, must be tabled in Parliament by the Minister within 14 days of such suspension, if Parliament is then in session, or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
Parliament must, as soon as is reasonably possible, pass a resolution as to whether or not the restoration to his or her office of a magistrate so suspended is recommended.
the Minister shall restore the magistrate concerned to his or her office or remove him or her from office, as the case may be.
[Sub-s. (4) amended by s. 8 (g) of Act 35 of 1996 and substituted by s. 4 of Act 28 of 2003.
(a) The remuneration of a magistrate is not affected during a period of suspension in terms of subsection (3) (a) or (4) (a) , unless the Commission determines otherwise.
If the Commission determines that the remuneration of a magistrate shall be reduced or withheld in terms of paragraph (a) , a report regarding that determination and the reason therefor must be tabled in Parliament by the Minister within seven days of such determination, if Parliament is then in session, or, if Parliament is not then in session, within seven days after the commencement of its next ensuing session.
Parliament must, as soon as is reasonably possible, consider that report and pass a resolution as to whether or not the determination concerned is confirmed, either with or without amendment, or set aside.
If Parliament passes a resolution as contemplated in paragraph (c) that the determination is set aside, that determination shall lapse with effect from the date when the determination was first made.
[Sub-s. (4A) inserted by s. 4 of Act 28 of 2003.
[Sub-para. (i A) inserted by s. 4 (b) of Act 85 of 1995.
for any other reason which the Minister deems sufficient.
Any request of a magistrate contemplated in paragraph (a) (ii) shall be addressed to the Minister so that he or she receives it at least six calendar months before the date on which the magistrate wishes so to vacate his or her office, unless the Minister approves a shorter period in a specific case. [Para. (b) amended by s. 8 (c) of Act 35 of 1996.
[Sub-para. (i) amended by s. 8 (c) and (e) of Act 35 of 1996.
to have been removed from office to promote efficiency for reasons other than his or her own unfitness or incapacity; or (bb) to have been retired in accordance with section 16 (4) of the Public Service Act, 1994 (Proclamation 103 of 1994), [Item (bb) amended by s. 4 of Act 18 of 1996.
as the Minister may direct, and he or she shall be entitled to such pension benefits as he or she would have been entitled to under the pensions Act applicable to him or her if he or she had been so removed from office or had been so retired, according to the direction of the Minister.
[Sub-s. (5) amended by s. 8 (c) , (e) and (g) of Act 35 of 1996.
For the purpose of a transfer and appointment contemplated in section 15 (1) of the Public Service Act, 1994, a magistrate shall be deemed to be holding an appointment in an institution as contemplated in that section.
[Sub-s. (6) added by s. 4 (c) of Act 85 of 1995.
The period of service as a magistrate of a magistrate transferred and appointed under section 15 (1) of the Public Service Act, 1994, shall be reckoned as part of and continuous with his or her service in the public service for the purposes of leave, pension and any other condition of service.
[Sub-s. (7) added by s. 4 (c) of Act 85 of 1995.
[Date of commencement of s. 13: 11 March 1994.
A magistrate shall possess the powers and perform the duties conferred on or assigned to him or her by or under the laws of the Republic or, in any specific case, by the Minister after consultation with the Commission.
The Minister may, after consultation with the Commission, make regulations conferring on or assigning to magistrates administrative powers and duties which do not affect the judicial independence of magistrates, including regulations empowering the Minister, after consultation with the Commission, to confer or assign administrative powers and duties of a general nature on or to magistrates.
The provisions of section 16 (2) shall apply with the necessary changes in respect of any regulation made under subsection (2).
[S. 14 amended by s. 8 (e) of Act 35 of 1996 and substituted by s. 7 of Act 66 of 1998.
[Date of commencement of s. 14: 11 March 1994.
No magistrate shall, without the consent of the Minister, perform any paid work outside his or her duties of office.
[S. 15 amended by s. 8 (g) of Act 35 of 1996.
[Date of commencement of s. 15: 11 March 1994.
which is registered with the Director-General: Justice and Constitutional Development in accordance with the regulations made under section 16, that person is for all relevant purposes of this Act regarded as the lawfully wedded spouse of that magistrate.
[S. 15A inserted by s. 5 of Act 28 of 2003.
[Para. (j) amended by s. 8 (g) of Act 35 of 1996.
[Para. (k A) inserted by s. 7 of Act 35 of 1996.
[Para. (n A) inserted by s. 6 of Act 28 of 2003.
A regulation made under this section shall be in force unless and until Parliament during the session in which the list referred to in section 17 of the Interpretation Act, 1957 (Act 33 of 1957), which relates to that regulation, has been laid upon the Table in Parliament, by resolution disapproves the regulation, in which event the regulation shall lapse with effect from a date to be specified in the resolution.
Any regulation under this section which results in State expenditure, shall be made with the concurrence of the Minister of Finance.
[Sub-s. (3) amended by s. 19 of Act 104 of 1996.
No regulation made under subsection (1), shall contain any provision which affects the service benefits of any magistrate as they existed prior to the date of commencement of this section to his or her detriment.
[Sub-s. (4) amended by s. 8 (g) of Act 35 of 1996.
Different regulations may be made under subsection (1) in respect of magistrates and other judicial officers. [Date of commencement of s. 16: 11 March 1994.
A regulation made under subsection (1) (j) , and which regulates the attendance of persons at misconduct proceedings contemplated in such a regulation, may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine, or to imprisonment for a period not exceeding three months.
[Sub-s. (6) added by s. 8 of Act 66 of 1998.
17 A mends section 9 (1) of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (a).
[Date of commencement of s. 17: 11 March 1994.
The salary paid to a magistrate immediately before the date of commencement of the first notice contemplated in section 12 (1), or any provision thereof which may be applicable to him or her, shall be deemed to have been determined in terms of that section.
The conditions of service applicable to a person referred to in subsection (1) immediately before the date of commencement of section 12, shall not be affected to his or her detriment, and no such condition of service shall, after such date, be construed or applied in a manner which is less favourable to the person concerned than the manner in which it was construed or applied immediately before the said date.
[Sub-s. (3) amended by s. 8 (g) of Act 35 of 1996.
arrangement regarding any administrative function, which applied to a magistrate or other judicial officer immediately before the date of commencement of any regulation under section 16 relating to such matter, shall remain in force until the date on which such regulation commences.
any person appointed as a magistrate after the commencement of section 10 who is not a member of the fund referred to in paragraph (a) , shall become a member of the fund and contribute thereto, until other provision is made by regulation under section 16 (1) (b) . [Sub-s. (5) added by s. 21 of Act 204 of 1993.
[Date of commencement of s. 18: 11 March 1994.
To amend the Magistrates Act, 1993, in order to further regulate the composition of the Magistrates Commission; to further regulate the suspension of magistrates; to further regulate the establishment of committees; and to provide for matters in connection therewith.
1 Amends section 3 of the Magistrates Act 90 of 1993 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (2); and paragraph (c) substitutes subsection (3).
2 Amends the Afrikaans text of section 4 of the Magistrates Act 90 of 1993 by substituting paragraph (c).
3 Amends section 6 of the Magistrates Act 90 of 1993 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (4); and paragraph (c) substitutes subsection (5).
4 Inserts sections 6A, 6B and 6C in the Magistrates Act 90 of 1993.
5 Substitutes section 8 of the Magistrates Act 90 of 1993.
6 Amends section 13 (3) of the Magistrates Act 90 of 1993 , as follows: paragraph (a) substitutes paragraph (a) ; paragraph (b) inserts paragraph (a A) ; paragraph (c) substitutes paragraph (c) ; paragraph (d) substitutes paragraph (d) ; and paragraph (e) substitutes paragraph (e).
7 Amends section 16 (1) of the Magistrates Act 90 of 1993 by inserting paragraph (k A).
the expression 'die Kommissie' for the expressions 'hom' and 'hy'; and paragraph (k) substitutes in section 7 (1) in the words preceding paragraph (a) the expression 'the' for the expression 'its'.
This Act shall not affect the validity of anything done by the Magistrates Commission before the commencement thereof.
A vacancy in the Magistrates Commission which arises from the commencement of this Act, shall not affect the validity of anything done by the Magistrates Commission while such vacancy remains unfilled.
This Act shall be called the Magistrates Amendment Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
To amend the Magistrates' Courts Act, 1944, so as to effect certain consequential amendments; to make provision for the creation of administrative regions; to further regulate the appointment of magistrates; to further regulate the exercising of administrative control over the functions performed by magistrates; and to increase the penal jurisdiction of magistrates' courts; to amend the Magistrates Act, 1993, so as to regulate the assignment of administrative functions to magistrates; to make provision for certain penalty provisions to be prescribed by regulation; and to provide for matters connected therewith.
inserts the definition of 'administrative region'; paragraph (b) substitutes the definition of 'court of appeal'; paragraph (c) inserts the definition of 'head of administrative region'; paragraph (d) inserts the definition of 'Magistrates Commission'; and paragraph (e) substitutes the definition of 'Minister'.
substitutes subsection (1) (aA) ; paragraph (b) substitutes subsection (1) (b) ; and paragraph (c) substitutes subsections (3) and (4).
4 Substitutes section 10 of the Magistrates' Courts Act 32 of 1944.
2 Amends section 2 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (2).
3 Amends section 9 of the Magistrates' Courts Act 32 of 1944 , as follows: paragraph 6 Amends section 92 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (1) (a).
7 Substitutes section 14 of the Magistrates Act 90 of 1993.
8 Amends section 16 of the Magistrates Act 90 of 1993 by adding subsection (6).
This Act shall be called the Magistrates Amendment Act, 1998.
<fn>GOV-ZA.1994009En.2012-02-10.en.txt</fn>
A respondent who is dissatisfied with any finding or remedial steps contemplated in subsection (4) (b) or (5) (c) (ii) may, within one month after receiving notice of that finding and remedial steps, appeal to the Committee in writing against that finding or remedial steps or both such finding and remedial steps, specifying the grounds for the appeal.
The state shall not be responsible for any expenditure incurred as a result of, or associated with, any remedy referred to in subsection (8) (e) , (f) or (g) , unless such remedy was selected from a list of approved remedies or services compiled from time to time by the Minister, after consultation with the Chief Justice, and then only to the extent set out in that list.
Apologising to the complainant, in a manner specified.
A written warning.
Subject to subsection (9), appropriate counselling.
Subject to subsection (9), any other appropriate corrective measure.
A meeting referred to in subsection (1) must, subject to paragraph (c) , be attended by at least three members of the Committee and be presided over by the Chairperson, but no member who made any decision or finding, or imposed any remedial step, that is the subject of the appeal, may participate in the consideration of the appeal.
In the event of the absence of the Chairperson to preside in a specific appeal, the Chief Justice must appoint an acting chairperson from amongst the members of the Committee, to preside in that appeal.
set aside the decision and recommend to the Commission that the complaint should be investigated by a Tribunal in terms of section 19.
The Committee must in writing inform the complainant and the respondent of its decision in terms of subsection (4) and the reasons therefore.
such further written or oral argument, if any, as may be requested by the Committee.
the desirability of suspending the respondent in terms of section 177 (3) of the Constitution; and if applicable, any conditions that should be applicable in respect of such suspension.
the report concerned; and any representations submitted in terms of subsection (1) (b).
is grossly incompetent; or is guilty of gross misconduct.
The Commission must in writing inform the respondent in respect of whom a finding referred to in subsection (4) or (5) is made, and, if applicable, the complainant, of that finding and the reasons therefore.
one person whose name appears on the list maintained in terms of section 23 (1).
The Executive Secretary must, in the prescribed manner and form, establish and maintain a list of persons who are not judicial officers and who have been approved by the Chief Justice, acting with the concurrence of the Minister, as being suitable to serve on Tribunals in terms of section 22 (1) (b).
The Minister, in consultation with the Cabinet member responsible for finance, may by notice in the Gazette prescribe a tariff of allowances to be paid for service as a member of a Tribunal to a person appointed in terms of section 22 (1) (b).
The Executive Secretary in the Office of the Chief Justice must assign such other employees of the Office to the Tribunal as may be necessary to assist the Tribunal in the performance of its functions.
Subject to this Act, a Tribunal has the power to regulate and protect its own proceedings.
making a determination on the merits of the allegations; and to submit a report containing its findings to the Judicial Service Commission.
to make a submission to the Tribunal before the conclusion of the hearing.
Notwithstanding subsection (1), the Tribunal President may, if it is in the public interest and for the purposes of transparency, determine that all or any part of a hearing of a Tribunal must be held in public.
A determination contemplated in paragraph (a) must be made in consultation with the Chief Justice.
Subsection (2) does not apply if a determination is made under paragraph (a) , but the Tribunal President may prohibit the publication of any information or document placed before the Tribunal if that publication is not in the public interest.
to produce any book, document, statement or object relating to the hearing; and to answer questions under oath or affirmation.
No person may testify before, or be questioned by, a Tribunal unless the oath or affirmation that is usually administered or accepted in a court of law, has been administered to or accepted from that person by the Tribunal or, if evidence is to be given by such person through an interpreter, by the Tribunal through the interpreter.
An oath or affirmation administered to or accepted from a person in terms of subsection (1) remains binding on that person until the Tribunal has concluded the hearing or finally excused that person.
constitute earmarked funds on the Departmental vote; and is charged with the responsibility of accounting for monies received or paid out for or on account of the administration and functioning of the Commission; and must cause the necessary accounting and other related records to be kept, which records must be audited by the Auditor-General.
perform such functions as may from time to time be prescribed; and generally, perform such secretarial and administrative tasks related to maintenance of the Register, as may from time to time be directed by the Chief Justice.
with the written permission of the Chief Justice.
and (2) of the Judicial Service Commission Act, 1994.
I am fully aware of the serious consequences which may follow any breach or contravention of the abovementioned provisions.(Signature)'.
3 Substitutes section 1 of the Judicial Service Commission Act 9 of 1994.
8 Substitutes section 6 of the Judicial Service Commission Act 9 of 1994.
becoming section 39, in the Judicial Service Commission Act 9 of 1994.
EMS would like to invite media to participate in the exercise where Emergency Medicine students from the UCT and Stellenbosch universities will be given the platform to put theoretical knowledge to practice. Along with Forensic Pathology Services (FPS), Traffic, the South African Police Service (SAPS) and local fire and rescue services in Worcester, agencies will simulate a major incident involving both media and students in the exercise.
<fn>GOV-ZA.1994023En.2012-02-10.en.txt</fn>
To provide for matters incidental to the office of the Public Protector as contemplated in the Constitution of the Republic of South Africa, 1996; and to provide for matters connected therewith.
[Long title substituted by s. 1 of Act 113 of 1998.
BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:[Preamble substituted by s. 2 of Act 113 of 1998.
[Definition of 'committee' substituted by s. 1 (a) of Act 22 of 2003.
'Constitution' means the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996); [Definition of 'Constitution' inserted by s. 3 (a) of Act 113 of 1998.
'Deputy Public Protector' means any person appointed as such in terms of section 2A (1); [Definition of 'Deputy Public Protector' substituted by s. 1 (b) of Act 22 of 2003.
'investigation' means an investigation referred to in section 7, including any preliminary investigation related thereto; [Definition of 'investigation' substituted by s. 3 (b) of Act 113 of 1998.
'joint committee' [Definition of 'joint committee' deleted by s. 3 (c) of Act 113 of 1998.
[Definition of 'member of the office of the Public Protector' substituted by s. 1 (c) of Act 22 of 2003.
'Minister' means the Cabinet member responsible for the administration of justice; [Definition of 'Minister' inserted by s. 3 (d) of Act 113 of 1998 and substituted by s. 1 (d) of Act 22 of 2003.
'new Constitution' [Definition of 'new Constitution' deleted by s. 3 (e) of Act 113 of 1998.
'Provincial Public Protector' [Definition of 'Provincial Public Protector' deleted by s. 3 (f) of Act 113 of 1998.
'Public Protector' means any person appointed as such in terms of section 1A. [Definition of 'Public Protector' substituted by s. 3 (g) of Act 113 of 1998.
'Public Service Commission' [Definition of 'Public Service Commission' deleted by s. 35 (1) of Act 47 of 1997.
There shall be a Public Protector for the Republic.
The President shall, whenever it becomes necessary, appoint a Public Protector in accordance with the provisions of section 193 of the Constitution.
has acquired any combination of experience mentioned in paragraphs (b) to (e) , for a cumulative period of at least 10 years.
[Sub-s. (3) substituted by s. 2 of Act 22 of 2003.
The Public Protector shall not perform remunerative work outside his or her official duties. [Section 1A inserted by s. 4 of Act 113 of 1998.
consideration of any other matter that can be referred to such a committee in terms of the Constitution or this Act.
[Sub-s. (1) substituted by s. 5 (a) of Act 113 of 1998 and by s. 3 (b) of Act 22 of 2003.
shall not be reduced, nor shall the terms and conditions of employment be adversely altered, during his or her term of office.
[Sub-s. (2) substituted by s. 5 (b) of Act 113 of 1998.
at his or her request: Provided that such request shall be addressed to the National Assembly or the committee, as the case may be, at least three calendar months prior to the date on which he or she wishes to vacate such office, unless the National Assembly or the committee, as the case may be, allows a shorter period in a specific case.
[Sub-s. (3) substituted by s. 5 (c) of Act 113 of 1998.
If the committee allows a Public Protector to vacate his or her office in terms of subsection (3), the chairperson of the committee shall communicate that fact by message to the National Assembly: Provided that any decision taken by the committee in terms of this subsection must be ratified by the National Assembly.
[Sub-s. (4) substituted by s. 5 (d) of Act 113 of 1998.
The Public Protector may, at any time, approach the committee with regard to any matter pertaining to the office of the Public Protector. [Sub-s. (5) substituted by s. 5 (e) of Act 113 of 1998.
[S. 2 amended by s. 3 (a) of Act 22 of 2003.
The President, on the recommendation of the National Assembly, shall appoint a person as Deputy Public Protector for such period as the President may determine at the time of such appointment, but not exceeding seven years.
The Deputy Public Protector may at the end of his or her term of office be reappointed in terms of subsection (1) for one additional term.
to (d) , for a cumulative period of at least 10 years.
The remuneration and other terms and conditions of employment of the Deputy Public Protector shall from time to time be determined by the National Assembly upon the advice of the committee.
The Deputy Public Protector shall have such powers as the Public Protector may delegate to him or her.
Whenever the Public Protector is, for any reason, unable to perform the functions of his or her office, or while the appointment of a person to the office of Public Protector is pending, the Deputy Public Protector shall perform such functions.
The provisions of section 2 (3) and (4) shall apply with the necessary changes in respect of the vacation of office of the Deputy Public Protector.
approved by the National Assembly by a resolution adopted with a supporting vote of a majority of the members of the National Assembly.
the adoption by the National Assembly of a resolution calling for his or her removal from office.
A resolution of the National Assembly concerning the removal from office of the Deputy Public Protector must be adopted with a supporting vote of a majority of the members of the National Assembly.
The President may suspend the Deputy Public Protector from office at any time after any complaint relating to the grounds referred to in subsection (9) against him or her has been received by the National Assembly, if the President deems the complaint against the Deputy Public Protector to be of such a serious nature as to make it inappropriate for him or her to perform his or her functions while the complaint is being investigated.
The President may suspend the Deputy Public Protector in terms of paragraph (a) on such terms and conditions as the President may determine, including the suspension of the payment of his or her remuneration or the suspension of any other term or condition of his or her employment.
The President shall remove the Deputy Public Protector from office upon adoption by the National Assembly of the resolution calling for his or her removal.
If a vacancy occurs in the office of the Deputy Public Protector the President shall, subject to this section, as soon as possible, appoint another person to that office.
[S. 2A inserted by s. 4 of Act 22 of 2003.
[Para. (a) substituted by s. 5 (b) of Act 22 of 2003.
such staff, seconded in terms of subsection (12) or appointed by the Public Protector, as may be necessary to enable the Public Protector to perform his or her functions.
[Sub-s. (2) substituted by s. 6 (a) of Act 113 of 1998 and deleted by s. 5 (c) of Act 22 of 2003.
Protector may delegate to him or her. [Sub-s. (3) substituted by s. 6 (b) of Act 113 of 1998 and by s. 5 (d) of Act 22 of 2003.
[Sub-s. (4) deleted by s. 5 (e) of Act 22 of 2003.
[Sub-s. (5) substituted by s. 6 (c) of Act 113 of 1998 and deleted by s. 5 (e) of Act 22 of 2003.
and (7) [Sub-ss. (6) and (7) deleted by s. 6 (d) of Act 113 of 1998.
[Sub-s. (8) substituted by s. 6 (e) of Act 113 of 1998 and deleted by s. 5 (e) of Act 22 of 2003.
The persons appointed by the Public Protector in terms of subsection (1) (b) or (c) shall receive such remuneration, allowances and other employment benefits and shall be appointed on such terms and conditions and for such periods, as the Public Protector may determine.
In exercising his or her powers in terms of subsections (1) and (9), the Public Protector shall consult with the Minister of Finance.
[Sub-s. (10) substituted by s. 35 (1) of Act 47 of 1997 and by s. 6 (f) of Act 113 of 1998.
A document setting out the remuneration, allowances and other conditions of employment determined by the Public Protector in terms of this section, shall be tabled in the National Assembly within 14 days after such determination.
[Para. (a) substituted by s. 6 (g) of Act 113 of 1998 and by s. 5 (f) of Act 22 of 2003.
If the National Assembly disapproves of any determination such determination shall cease to be of force to the extent to which it is so disapproved. [Para. (b) substituted by s. 6 (g) of Act 113 of 1998.
any right, privilege, obligation or liability acquired, accrued or incurred up to the said date under and by virtue of such determination, shall lapse upon the said date.
The Public Protector may, in the performance of the functions contemplated in subsection (1) (b) , at his or her request, be assisted by officers in the Public Service seconded to the service of the Public Protector in terms of any law regulating such secondment.
[Sub-s. (12) substituted by s. 35 (1) of Act 47 of 1997 and by s. 6 (h) of Act 113 of 1998.
(b) shall be exempted from the provisions of this paragraph.
[Para. (b) substituted by s. 5 (g) of Act 22 of 2003.
No person, other than a person contemplated in section 7 (3), shall conduct an investigation contemplated in section 7 or render assistance with regard thereto in respect of a matter in which he or she has any pecuniary interest or any other interest which might preclude him or her from performing his or her functions in a fair, unbiased and proper manner.
If any person fails to disclose an interest contemplated in subsection (14) and conducts or renders assistance with regard to an investigation contemplated in section 7, while having an interest in the matter being investigated, the Public Protector may take such steps as he or she deems necessary to ensure a fair, unbiased and proper investigation.
[S. 3 amended by s. 5 (a) of Act 22 of 2003.
[Para. (a) amended by s. 6 of Act 22 of 2003.
may exercise such powers and shall perform such duties as the Public Protector may from time to time confer upon or assign to him or her, and shall in respect thereof be accountable to the Public Protector.
The records referred to in subsection (1) (a) (ii) shall be audited by the Auditor-General.
The office of the Public Protector shall be a juristic person.
The State Liability Act, 1957 (Act 20 of 1957), shall apply with the necessary changes in respect of the office of the Public Protector, and in such application a reference in that Act to 'the Minister of the department concerned' shall be construed as a reference to the Public Protector in his or her official capacity.
[Sub-s. (2) substituted by s. 7 of Act 113 of 1998.
Neither a member of the office of the Public Protector nor the office of the Public Protector shall be liable in respect of anything reflected in any report, finding, point of view or recommendation made or expressed in good faith and submitted to Parliament or made known in terms of this Act or the Constitution.
by such other means as the Public Protector may allow with a view to making his or her office accessible to all persons.
A member of the office of the Public Protector shall render the necessary assistance, free of charge, to enable any person to comply with subsection (1).
prejudiced by conduct referred to in subsections (4) and (5) and has not taken all reasonable steps to exhaust his or her legal remedies in connection with such matter.
[Para. (b) substituted by s. 8 (a) of Act 113 of 1998.
[Sub-para. (iii) substituted by s. 36 (1) of Act 12 of 2004.
[Sub-para. (ii) amended s. 91 (a) of Act 2 of 2000.
any other means that may be expedient in the circumstances.
[Para. (d) added by s. 91 (b) of Act 2 of 2000.
[Sub-s. (4) substituted by s. 8 (b) of Act 113 of 1998.
[Para. (a) substituted by s. 7 of Act 22 of 2003.
act or omission by a person in the employ of an institution or entity contemplated in paragraph (a) , which results in unlawful or improper prejudice to any other person.
[Sub-s. (5) substituted by s. 8 (b) of Act 113 of 1998.
Protector to investigate the performance of judicial functions by any court of law. [Sub-s. (6) added by s. 8 (b) of Act 113 of 1998.
The Public Protector shall be competent to investigate, on his or her own initiative or on receipt of a complaint, any alleged attempt to do anything which he or she may investigate under subsections (4) or (5).
[Sub-s. (7) added by 8 (b) of Act 113 of 1998.
The Public Protector or any member of his or her staff shall be competent but not compellable to answer questions in any proceedings in or before a court of law or any body or institution established by or under any law, in connection with any information relating to the investigation which in the course of his or her investigation has come to his or her knowledge.
[Sub-s. (8) added by s. 8 (b) of Act 113 of 1998.
Except where the Public Protector in special circumstances, within his or her discretion, so permits, a complaint or matter referred to the Public Protector shall not be entertained unless it is reported to the Public Protector within two years from the occurrence of the incident or matter concerned.
[Sub-s. (9) added by s. 8 (b) of Act 113 of 1998.
of this Act, to conduct a preliminary investigation for the purpose of determining the merits of the complaint, allegation or information and the manner in which the matter concerned should be dealt with.
The format and the procedure to be followed in conducting any investigation shall be determined by the Public Protector with due regard to the circumstances of each case.
The Public Protector may direct that any category of persons or all persons whose presence is not desirable, shall not be present at any proceedings pertaining to any investigation or part thereof.
[Sub-s. (1) substituted by s. 9 (a) of Act 113 of 1998.
Notwithstanding anything to the contrary contained in any law no person shall disclose to any other person the contents of any document in the possession of a member of the office of the Public Protector or the record of any evidence given before the Public Protector, the Deputy Public Protector or a person contemplated in subsection (3) (b) during an investigation, unless the Public Protector determines otherwise.
[Sub-s. (2) substituted by s. 8 (a) of Act 22 of 2003.
otherwise subject to the jurisdiction of the Public Protector, to assist him or her, under his or her supervision and control, in the performance of his or her functions with regard to a particular investigation or investigations in general.
(i) The Public Protector may designate any person to conduct an investigation or any part thereof on his or her behalf and to report to him or her and for that purpose such a person shall have such powers as the Public Protector may delegate to him or her.
The provisions of section 9 and of the regulations and instructions issued by the Treasury under section 76 of the Public Finance Management Act, 1999 (Act 1 of 1999), in respect of Commissions of Inquiry, shall apply with the necessary changes in respect of that person.
[Sub-para. (ii) substituted by s. 8 (b) of Act 22 of 2003.
[Para. (b) substituted by s. 9 (b) of Act 113 of 1998.
For the purposes of conducting an investigation the Public Protector may direct any person to submit an affidavit or affirmed declaration or to appear before him or her to give evidence or to produce any document in his or her possession or under his or her control which has a bearing on the matter being investigated, and may examine such person.
The Public Protector or any person duly authorised thereto by him or her may request an explanation from any person whom he or she reasonably suspects of having information which has a bearing on a matter being or to be investigated.
A direction referred to in subsection (4) (a) shall be by way of a subpoena containing particulars of the matter in connection with which the person subpoenaed is required to appear before the Public Protector and shall be signed by the Public Protector and served on the person subpoenaed either by a registered letter sent through the post or by delivery by a person authorised thereto by the Public Protector.
The Public Protector may require any person appearing as a witness before him or her under subsection (4) to give evidence on oath or after having made an affirmation.
The Public Protector or any person authorised by him or her in writing may administer an oath to or accept an affirmation from any such person.
[Sub-s. (7) substituted by s. 9 (c) of Act 113 of 1998.
Any person appearing before the Public Protector by virtue of the provisions of subsection (4) may be assisted at such examination by an advocate or an attorney and shall be entitled to peruse such of the documents or records referred to in subsection (2) as are reasonably necessary to refresh his or her memory.
If it appears to the Public Protector during the course of an investigation that any person is being implicated in the matter being investigated and that such implication may be to the detriment of that person or that an adverse finding pertaining to that person may result, the Public Protector shall afford such person an opportunity to respond in connection therewith, in any manner that may be expedient under the circumstances.
If such implication forms part of the evidence submitted to the Public Protector during an appearance in terms of the provisions of subsection (4), such person shall be afforded an opportunity to be heard in connection therewith by way of giving evidence.
Such person or his or her legal representative shall be entitled, through the Public Protector, to question other witnesses, determined by the Public Protector, who have appeared before the Public Protector in terms of this section.
[Sub-s. (9) substituted by s. 9 (d) of Act 113 of 1998.
The provisions of this section shall be applicable to any person referred to in subsection (9).
The Public Protector may make rules in respect of any matter referred to in this section which has a bearing on an investigation or in respect of any matter incidental thereto, provided that such rules must be published in the Government Gazette and tabled in the National Assembly.
[Sub-s. (11) added by s. 9 (e) of Act 113 of 1998.
The Public Protector shall be competent to enter, or authorise another person to enter, any building or premises and there to make such investigation or inquiry as he or she may deem necessary, and to seize anything on those premises which in his or her opinion has a bearing on the investigation.
The premises referred to in subsection (1) may only be entered by virtue of a warrant issued by a magistrate or a judge of the area of jurisdiction within which the premises is situated: Provided that such a warrant may be issued by a judge in respect of premises situated in another area of jurisdiction, if he or she deems it justified.
the need, in regard to the investigation, for a search and seizure in terms of this section, that there are reasonable grounds for believing that anything referred to in subsection (1) is on or in such premises or suspected to be on or in such premises.
the expiry of three months from the day of its issue, whichever may occur first.
Any person who acts on authority of a warrant issued in terms of this section may use such force as may be reasonably necessary to overcome any resistance against the entry and search of the premises, including the breaking of any door or window of such premises: Provided that such person shall first audibly demand admission to the premises and state the purpose for which he or she seeks to enter such premises.
The proviso to paragraph (a) shall not apply where the person concerned is on reasonable grounds of the opinion that any object, book or document which is the subject of the search may be destroyed, tampered with or disposed of if the provisions of the said proviso are first complied with.
A warrant issued in terms of this section shall be executed by day unless the person who issues the warrant authorises the execution thereof by night at times which shall be reasonable in the circumstances.
supply such person at his or her request with particulars regarding his or her authority to execute such a warrant.
If during the execution of a warrant or the conducting of a search in terms of this section, a person claims that any item found on or in the premises concerned contains privileged information and for that reason refuses the inspection or removal of such item, the person executing the warrant or conducting the search shall, if he or she is of the opinion that the item contains information which is relevant to the investigation or inquiry and that such information is necessary for the investigation or inquiry, request the registrar of the High Court which has jurisdiction or his or her delegate, to seize and remove that item for safe custody until a court of law has made a ruling on the question whether the information concerned is privileged or not.
[S. 7A inserted by s. 10 of Act 113 of 1998.
The Public Protector may, subject to the provisions of subsection (3), in the manner he or she deems fit, make known to any person any finding, point of view or recommendation in respect of a matter investigated by him or her.
The Public Protector shall report in writing on the activities of his or her office to the National Assembly at least once every year: Provided that any report shall also be tabled in the National Council of Provinces.
he or she is requested to do so by the Chairperson of the National Council of Provinces.
[Sub-s. (2) substituted by s. 11 (a) of Act 113 of 1998.
(a) Any report issued by the Public Protector shall be open to the public, unless the Public Protector is of the opinion that exceptional circumstances require that the report be kept confidential.
If the Public Protector is of the opinion that exceptional circumstances require that a report be kept confidential, the committee must be furnished with the reasons therefor and, if the committee concurs, such report shall be dealt with as a confidential document in terms of the rules of Parliament.
in the opinion of the Public Protector to have a bearing on the effective functioning of his or her office.
[Sub-s. (2A) inserted by s. 11 (b) of Act 113 of 1998.
The findings of an investigation by the Public Protector shall, when he or she deems it fit but as soon as possible, be made available to the complainant and to any person implicated thereby.
[Para. (a) substituted by s. 9 of Act 22 of 2003.
in connection with an investigation do anything which, if the said investigation had been proceedings in a court of law, would have constituted contempt of court.
Nothing contained in this Act shall prohibit the discussion in Parliament of a matter being investigated or which has been investigated in terms of this Act by the Public Protector.
The Public Protector may, with the specific or general approval of the Minister of Finance or any person authorised by the said Minister to so approve, order that the expenses or a portion of the expenses incurred by any person in the course of or in connection with an investigation by the Public Protector, be paid from State funds to that person.
Any person who contravenes the provisions of sections 3 (14), 7 (2) and 9 of this Act, or interferes with the functioning of the office of the Public Protector as contemplated in section 181 (4) of the Constitution, shall be guilty of an offence.
[Sub-s. (1) substituted by s. 12 (a) of Act 113 of 1998.
Any person who fails to disclose an interest contemplated in section 3 (14), shall be guilty of an offence.
Any person who, without just cause, refuses or fails to comply with a direction or request under section 7 (4) or refuses to answer any question put to him or her under that section or gives to such question an answer which to his or her knowledge is false, or refuses to take the oath or to make an affirmation at the request of the Public Protector in terms of section 7 (6), shall be guilty of an offence.
[Sub-s. (3) substituted by s. 12 (b) of Act 113 of 1998.
Any person convicted of an offence in terms of this Act shall be liable to a fine not exceeding R40 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.
[S. 12 repealed by s. 13 of Act 113 of 1998.
The provisions of this Act shall not affect any investigation under, or the performance or exercise of any duty or power imposed or conferred by or under, any law.
The Ombudsman Act, 1979 (Act 118 of 1979), the Advocate-General Amendment Act, 1983 (Act 55 of 1983), and the Advocate-General Amendment Act, 1991 (Act 104 of 1991), are hereby repealed.
This Act shall be called the Public Protector Act, 1994.
To amend the Public Protector Act, 1994, so as to bring it into line with the Constitution of the Republic of South Africa, 1996; and to provide for matters connected therewith.
1 Substitutes the long title of the Public Protector Act 23 of 1994.
2 Substitutes the Preamble of the Public Protector Act 23 of 1994.
inserts the definition of 'Constitution'; paragraph (b) substitutes the definition of 'investigation'; paragraph (c) deletes the definition of 'joint committee'; paragraph (d) inserts the definition of 'Minister'; paragraph (e) deletes the definition of 'new Constitution'; paragraph (f) deletes the definition of 'Provincial Public Protector'; and paragraph (g) substitutes the definition of 'Public Protector'.
4 Inserts section 1A in the Public Protector Act 23 of 1994.
5 Amends section 2 of the Public Protector Act 23 of 1994 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (2); paragraph (c) substitutes subsection (3); paragraph (d) substitutes subsection (4); and paragraph (e) substitutes subsection (5).
6 Amends section 3 of the Public Protector Act 23 of 1994 , as follows: paragraph (a) substitutes subsection (2); paragraph (b) substitutes subsection (3); paragraph (c) substitutes subsection (5); paragraph (d) deletes subsections (6) and (7); paragraph (e) substitutes subsection (8); paragraph (f) substitutes subsection (10); paragraph (g) substitutes subsection 11 (a) and (b) ; and subsection (h) substitutes subsection (12).
7 Amends section 5 of the Public Protector Act 23 of 1994 by substituting subsection (2).
8 Amends section 6 of the Public Protector Act 23 of 1994 , as follows: paragraph (a) substitutes subsection (3) (b) ; and paragraph (b) substitutes subsections (4), (5), (6), (7), (8) and (9) for subsections (4) and (5).
9 Amends section 7 of the Public Protector Act 23 of 1994 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (3) (b) ; paragraph (c) substitutes subsection (7); paragraph (d) substitutes subsection (9); and paragraph (e) adds subsection (11).
10 Inserts section 7A in the Public Protector Act 23 of 1994.
11 Amends section 8 of the Public Protector Act 23 of 1994 , as follows: paragraph (a) substitutes subsection (2); and paragraph (b) inserts subsection (2A).
13 Repeals section 12 of the Public Protector Act 23 of 1994.
This Act shall be called the Public Protector Amendment Act, 1998.
To amend the Public Protector Act, 1994, so as to update certain obsolete provisions; to further regulate the appointment of the Public Protector and the Deputy Public Protector; and to provide for matters connected therewith.
1 Amends section 1 of the Public Protector Act 23 of 1994 , as follows: paragraph (a) substitutes the definition of 'committee'; paragraph (b) substitutes the definition of 'Deputy Public Protector'; paragraph (c) substitutes the definition of 'member of the office of the Public Protector'; and paragraph (d) substitutes the definition of 'Minister'.
2 Amends section 1A of the Public Protector Act 23 of 1994 by substituting subsection (3).
3 Amends section 2 of the Public Protector Act 23 of 1994 , as follows: paragraph (a) substitutes the heading; and paragraph (b) substitutes subsection (1).
4 Inserts section 2A in the Public Protector Act 23 of 1994.
5 Amends section 3 of the Public Protector Act 23 of 1994 , as follows: paragraph (a) substitutes the heading; paragraph (b) substitutes subsection (1) (a) ; paragraph (c) deletes subsection (2); paragraph (d) substitutes subsection (3); paragraph (e) deletes subsections (4), (5) and (8); paragraph (f) substitutes subsection (11) (a) ; and paragraph (g) substitutes subsection (13) (b).
6 Amends section 4 (1) (a) of the Public Protector Act 23 of 1994 by substituting the words preceding subparagraph (i).
7 Amends section 6 (5) of the Public Protector Act 23 of 1994 by substituting paragraph (a).
8 Amends section 7 of the Public Protector Act 23 of 1994 , as follows: paragraph (a) substitutes subsection (2); and paragraph (b) substitutes subsection (3) (b) (ii).
9 Amends section 9 (1) of the Public Protector Act 23 of 1994 by substituting paragraph (a).
This Act is called the Public Protector Amendment Act, 2003.
<fn>GOV-ZA.1994054En.2012-02-10.en.txt</fn>
To regulate matters incidental to the establishment of the Human Rights Commission by the Constitution of the Republic of South Africa, 1993; and to provide for matters connected therewith.
'private dwelling' means any part of any building or structure which is occupied as a residence or any part of any building or structure or outdoor living area which is accessory to, and used wholly or principally for, the purposes of residence.
The seat of the Commission shall be determined by the President.
The Commission may establish such offices as it may consider necessary to enable it to exercise its powers and to perform its duties and functions conferred on or assigned to it by the Constitution, this Act or any other law.
The President may, in consultation with the Commission, appoint a part-time member as a full-time member for the unexpired portion of the part-time member's term of office.
Any person whose term of office as a member of the Commission has expired, may be reappointed for one additional term.
A member of the Commission may resign from office by submitting at least three months' written notice thereof to Parliament, unless Parliament by resolution allows a shorter period in a specific case.
such request is approved by the National Assembly and the Senate by a resolution adopted by a majority of at least 75 per cent of the members present and voting at a joint meeting.
A member of the Commission or a member of the staff of the Commission shall serve impartially and independently and exercise or perform his or her powers, duties and functions in good faith and without fear, favour, bias or prejudice and subject only to the Constitution and the law.
No organ of state and no member or employee of an organ of state nor any other person shall interfere with, hinder or obstruct the Commission, any member thereof or a person appointed under section 5 (1) or 16 (1) or (6) in the exercise or performance of its, his or her powers, duties and functions.
All organs of state shall afford the Commission such assistance as may be reasonably required for the protection of the independence, impartiality and dignity of the Commission.
No person shall conduct an investigation or render assistance with regard thereto in respect of a matter in which he or she has any pecuniary or any other interest which might preclude him or her from exercising or performing his or her powers, duties and functions in a fair, unbiased and proper manner.
If any person fails to disclose an interest contemplated in subsection (4) and conducts or renders assistance with regard to an investigation, while having an interest so contemplated in the matter being investigated, the Commission may take such steps as it deems necessary to ensure a fair, unbiased and proper investigation.
The Commission shall designate a chairperson for every committee and, if it deems it necessary, a vice-chairperson.
A committee shall, subject to the directions of the Commission, exercise such powers and perform such duties and functions of the Commission as the Commission may confer on or assign to it and follow such procedure during such exercising of powers and performance of duties and functions as the Commission may direct.
On completion of the duties and functions assigned to it in terms of subsection (4), a committee shall submit a report thereon to the Commission.
[Date of commencement of s. 5: 17 May 1996.
The Commission may, at any time, approach either the President or Parliament with regard to any matter relating to the exercising of its powers or the performance of its duties and functions.
All organs of state shall afford the Commission such assistance as may be reasonably required for the effective exercising of its powers and performance of its duties and functions.
may bring proceedings in a competent court or tribunal in its own name, or on behalf of a person or a group or class of persons.
[Date of commencement of s. 7: 17 May 1996.
to rectify any act or omission, emanating from or constituting a violation of or threat to any fundamental right. [Date of commencement of s. 8: 17 May 1996.
through a member of the Commission, administer an oath to or take an affirmation from any person referred to in paragraph (c) , or any person present at the place referred to in paragraph (c) , irrespective of whether or not such person has been required under the said paragraph (c) to appear before it, and question him or her under oath or affirmation in connection with any matter which may be necessary in connection with that investigation.
in the Commission's judgement, such person has refused or is likely to refuse to answer a question or to produce any article or document on the basis of his or her privilege against self-incrimination.
Any incriminating answer or information obtained or incriminating evidence directly or indirectly derived from a questioning in terms of subsection (1) shall not be admissible as evidence against the person concerned in criminal proceedings in a court of law or before any body or institution established by or under any law: Provided that incriminating evidence arising from such questioning shall be admissible in criminal proceedings where the person stands trial on a charge of perjury or a charge contemplated in section 18 (b) of this Act or in section 319 (3) of the Criminal Procedure Act, 1955 (Act 56 of 1955).
Subject to the provisions of subsection (2) (a) (i), the law regarding privilege as applicable to a witness summoned to give evidence in a criminal case in a court of law shall apply in relation to the questioning of a person in terms of subsection (1).
Any person appearing before the Commission by virtue of the provisions of subsection (1) (c) and (d) may be assisted at such examination by an advocate or an attorney, or both, and shall be entitled to peruse such of the documents referred to in subsection (1) (c) or minutes as are reasonably necessary to refresh his or her memory.
If it appears to the Commission during the course of an investigation that any person is being implicated in the matter being investigated, the Commission shall afford such person an opportunity to be heard in connection therewith by way of the giving of evidence or the making of submissions and such person or his or her legal representative shall be entitled, through the Commission, to question other witnesses, determined by the Commission, who have appeared before the Commission in terms of this section.
Subject to the provisions of this Act, the procedure * to be followed in conducting an investigation shall be determined by the Commission with due regard to the circumstances of each case.
The Commission shall from time to time by notice in the Gazette make known the particulars of the procedure which it has determined in terms of subsection (6).
The Commission may direct that any person or category of persons or all persons the presence of whom is not desirable, shall not be present at the proceedings during the investigation or any part thereof.
be compelled to produce to the Commission any article or document in his or her possession or custody or under his or her control which may be necessary in connection with that investigation.
[Date of commencement of s. 9: 17 May 1996.
Any member of the Commission, or any member of the staff of the Commission or a police officer authorised thereto by a member of the Commision[sic], may, subject to the provisions of this section, for the purposes of an investigation, enter any premises on or in which anything connected with that investigation is or is suspected to be.
if he or she wishes to retain anything on or in the premises contemplated in paragraph (f) for further examination or for safe custody, against the issue of a receipt, remove it from the premises: Provided that any article that has been so removed, shall be returned as soon as possible after the purpose for such removal has been accomplished.
Any person from whom information is required in terms of subsection (3) (a) , (c) and (e) may be assisted at such enquiry by an advocate or an attorney, or both, and shall at the commencement of such enquiry be so informed.
the right to his or her personal privacy.
or document, which has a bearing on the investigation concerned, is in the possession or under the control of any person or on or in any premises within such magistrate's or judge's area of jurisdiction.
shall only be performed by virtue of a search warrant issued by a magistrate, or judge of the Supreme Court, if it appears to such magistrate or judge from information on oath that there are reasonable grounds for believing that an article or document referred to in paragraph (a) is in the possession or under the control of any person or on or in any premises within such magistrate's or judge's area of jurisdiction.
A warrant issued in terms of this subsection shall authorise any member of the Commission or any member of the staff of the Commission or a police officer to perform the functions referred to in subsection (3) and shall to that end authorise such person to enter and search any premises identified in the warrant.
A warrant issued in terms of this subsection shall be executed by day, unless the person issuing the warrant in writing authorises the execution thereof by night at times which are reasonable in the circumstances.
the purpose for the issuing of the warrant has lapsed, whichever may occur first.
A person executing a warrant under this section shall, at the commencement of such execution, hand the person referred to in the warrant or the owner or the person in control of the premises, if such a person is present, a copy of the warrant: Provided that if such person is not present, he or she shall affix a copy of the warrant to the premises at a prominent and visible place.
A person executing a warrant under this subsection or an entry or search under subsection (6) shall, at the commencement of such execution, identify himself or herself and if that person requires authorisation to execute a warrant under this section, the particulars of such authorisation shall also be furnished.
Subject to the provisions of subsections (2), (3), (4), (5) (g) , (7) and (8), any member of the Commission, or any member of the staff of the Commission or a police officer upon request by a member of the Commission, may, without an entry and search warrant, enter and search any premises, other than a private dwelling, for the purposes of attaching and removing, if necessary, any article or document object of the entry and search.
An entry and search in terms of subsection (6) shall be executed by day unless the execution thereof by night is justifiable and necessary.
A person who may lawfully under this section enter and search any premises may use such force as may be reasonably necessary to overcome any resistance against such entry and search of the premises, including the breaking of any door or window of such premises: Provided that such person shall first audibly demand admission to the premises and notify the purpose for which he or she seeks to enter and search such premises.
The proviso to paragraph (a) shall not apply where the person concerned is on reasonable grounds of the opinion that any article or document which is the subject of the search may be destroyed or disposed of if the provisions of the said proviso are first complied with.
If during the execution of a warrant in terms of section 10 (5) (b) or a search in terms of section 10 (6), a person claims that an article or document found on or in the premises concerned contains privileged information and refuses the inspection or removal of such article or document, the person executing the warrant or search shall, if he or she is of the opinion that the article or document contains information that has a bearing on the investigation and that such information is necessary for the investigation, request the registrar of the Supreme Court which has jurisdiction or his or her delegate, to attach and remove that article or document for safe custody until a court of law has made a ruling on the question whether the information concerned is privileged or not.
[Date of commencement of s. 10: 17 May 1996.
be filled as soon as practicable in accordance with section 115 (3) of the Constitution.
when a member's resignation, submitted in accordance with section 3 (4), takes effect.
The meetings of the Commission shall be held at the times and places determined by the Commission: Provided that the first meeting shall be held at the time and place determined by the Minister of Justice.
If the Chairperson is absent from a meeting of the Commission, the Deputy Chairperson referred to in section 115 (5) of the Constitution shall act as chairperson, and if both the Chairperson and Deputy Chairperson are absent from a meeting of the Commission, the members present shall elect one from among their number to preside at that meeting.
The quorum for any meeting of the Commission shall be a majority of the total number of members.
The decision of the majority of the members of the Commission present at a meeting thereof shall be the decision of the Commission, and in the event of an equality of votes concerning any matter, the member presiding shall have a casting vote in addition to his or her deliberative vote.
The Commission shall determine its own procedure and shall cause minutes to be kept of the proceedings.
The Commission shall from time to time by notice in the Gazette make known the particulars of the procedure which it has determined in terms of subsection (5).
The remuneration, allowances and other terms and conditions of office and service benefits of the full-time and part-time members of the Commission shall be determined by the President in consultation with the Cabinet and the Minister of Finance.
The remuneration of the members of the Commission shall not be reduced during their continuation in office.
A part-time member of the Commission may, for any period during which that member, with the approval of the Commission, performs additional duties and functions, be paid such additional remuneration as may be determined by the President in consultation with the Cabinet and the Minister of Finance.
Subject to the provisions of subsection (2), the Commission may, with the specific or general concurrence of the Minister of Finance, order that the expenses or a portion of the expenses incurred by any person in the course of or in connection with an investigation by the Commission, be paid from State funds.
Any person appearing before the Commission in terms of section 9 (1) (c) who is not in the public service, shall be entitled to receive from moneys appropriated by law for such purpose, as witness fees, an amount equal to the amount which he or she would have received as witness fees had he or she been summoned to attend criminal proceedings in the Supreme Court held at the place mentioned in the written notice in question.
If a person has suffered damage in the course of the execution of an entry or search warrant in terms of section 10 (5) (a) or (b) or an entry or search contemplated in section 10 (6), under circumstances where no person responsible for the premises was present at the time of the causing of the damage and the damage was caused by force used to gain entry as contemplated in section 10 (8) (a) , the Commission may order that such damage be made good from State funds.
[Date of commencement of s. 14: 17 May 1996.
The Commission may, subject to the provisions of subsection (3), in the manner it deems fit, make known to any person any finding, point of view or recommendation in respect of a matter investigated by it.
In addition to the report contemplated in section 118 of the Constitution, the Commission shall submit to the President and Parliament quarterly reports on the findings in respect of functions and investigations of a serious nature which were performed or conducted by it during that quarter: Provided that the Commission may, at any time, submit a report to the President and Parliament if it deems it necessary.
The findings of an investigation by the Commission shall, when it deems it fit but as soon as possible, be made available to the complainant and any person implicated thereby.
[Date of commencement of s. 15: 17 May 1996.
The records referred to in subsection (1) (c) (ii) shall be audited by the Auditor-General.
the provisions of the Exchequer Act, 1975, and the regulations and instructions issued in terms thereof, as well as the Auditor-General Act, 1989 (Act 52 of 1989).
The chief executive officer of the Commission shall be appointed on such terms and conditions and shall receive such remuneration, allowances and other service benefits as the Commission may determine in accordance with the regulations under section 19.
The other staff of the Commission shall be appointed on such terms and conditions and shall receive such remuneration, allowances and other service benefits as the chief executive officer may determine in accordance with the regulations under section 19.
The Commission may, in consultation with the Minister of Finance, in the exercise of its powers or the performance of its duties and functions by or under this Act, the Constitution or any other law, for specific projects, enter into contracts for the services of persons having technical or specialised knowledge of any matter relating to the work of the Commission and determine the remuneration, including reimbursement for travelling, subsistence and other expenses, of such persons.
[Para. (a) substituted by s. 35 (1) of Act 47 of 1997.
may exercise the powers and shall perform the duties and functions which the Commission may from time to time confer upon or assign to him or her in order to achieve the objects of the Commission, and shall for those purposes be accountable to the Commission.
[Sub-s. (6) substituted by s. 35 (1) of Act 47 of 1997.
The Commission shall be a juristic person.
member of any committee, not being a member of the Commission, shall be liable in respect of anything reflected in any report, finding, point of view or recommendation made or expressed in good faith and submitted to Parliament or made known in terms of this Act or the Constitution.
acts contrary to the authority of an entry warrant issued under section 10 (5) (a) or a search warrant issued under section 10 (5) (b) or, without being authorised thereto under section 10, enters or searches any premises or attaches any article or document or performs any act contemplated in section 10 (3), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.
Any regulation under this section relating to State expenditure, shall be made in consultation with the Minister of Finance.
in general, any matter which is not in conflict with this Act or the Constitution and which is reasonably necessary for the regulation of the terms and conditions of service of members of staff.
[Sub-s. (1) amended by s. 35 (1) of Act 47 of 1997.
This Act shall be called the Human Rights Commission Act, 1994, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.1994055En.2012-02-10.en.txt</fn>
2 Amends section 3 of the Admission of Advocates Act 74 of 1964 , as follows: paragraph (a) substitutes subsection (2) (a) ; and paragraph (b) substitutes subsection (3) (b).
Any application under section 2 (2) of the Admission of Advocates Act, 1964 (Act 74 of 1964), or any application under a similar provision of the laws of the former Transkei, Bophuthatswana or Venda, for admission to practise as an advocate, made prior to the commencement of this Act, shall be dealt with as if this Act had not been passed.
such person has passed not less than one course in the Afrikaans language and not less than one course in the English language as prescribed or recognized by a university in the Republic for a baccalaureus degree:'.
Act 74 of 1964 (Venda) Admission of Advocates Act, 1964 (a) Amendment of section 1 by the deletion of the definition of 'special course'.
the syllabus for the said degree or one of the said degrees requires that the person concerned shall pass not less than one course in the Afrikaans language and not less than one course in the English language prescribed or recognized by a university in the Republic for a baccalaureus degree.'.
<fn>GOV-ZA.1994En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1995013En.2012-02-10.en.txt</fn>
To regulate matters incidental to the establishment of the Constitutional Court by the Constitution of the Republic of South Africa, 1993; and to provide for matters connected therewith.
'rules' means the rules of the Court promulgated under section 16.
[Definition of 'rules' substituted by s. 1 of Act 79 of 1997.
The Court shall be a court of record.
The Court shall have for use as occasion may require, a seal of such design as may be prescribed by the President of the Republic by proclamation in the Gazette.
The seal of the Court shall be kept in the custody of the Registrar.
The process of the Court shall run throughout the Republic, and its judgments and orders shall, subject to the rules, be executed in any area in like manner as if they were judgments or orders of the division of the Supreme Court or the magistrates' court having jurisdiction in such area.
Whenever a judgment, decree, order or other record of the Court is required to be proved or inspected or referred to in any manner, a copy of such judgment, decree, order or other record duly certified as such by the Registrar under the seal of the Court shall be prima facie evidence thereof without proof of the authenticity of the signature of the Registrar concerned.
President of the Court, in the case of any other judge of the Court.
Where consent has been granted as contemplated in subsection (1), the date upon which the member of the Court concerned must attend court shall be determined in consultation with the Chief Justice or the President of the Court, as the case may be.
Whenever it appears to the Court that by reason of the existence of exceptional circumstances it is expedient to hold its sitting for the hearing of any matter at a place elsewhere than in Johannesburg, it may hold such sitting at that place accordingly.
The Court may, either at the request of any party to proceedings before it or on its own initiative, appoint commissions for the purpose of obtaining and hearing evidence which in the opinion of the Court is necessary for the determination of any issue in such proceedings.
The provisions of sections 11, 12 and 13 shall mutatis mutandis apply to a commission appointed in terms of subsection (1).
Whenever the Supreme Court of Appeal, a High Court or a court of similar status declares an Act of Parliament, a provincial Act or conduct of the President invalid as contemplated in section 172 (2) (a) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), that court shall, in accordance with the rules, refer the order of constitutional invalidity to the Court for confirmation.
Whenever any person or organ of state with a sufficient interest appeals or applies directly to the Court to confirm or vary an order of constitutional invalidity by a court, as contemplated in section 172 (2) (d) of the Constitution, the Court shall deal with the matter in accordance with the rules.
If requested by the President of the Court to do so, the Minister shall appoint counsel to present argument to the Court in respect of any matter referred to the Court as contemplated in subsection (1) (a).
[S. 8 repealed by s. 14 of Act 44 of 1995 and inserted by s. 2 of Act 79 of 1997.
does anything calculated improperly to influence the Court in respect of any matter being or to be considered by the Court, may, by order of the Court, be removed and detained in custody until the rising of the Court.
Removal and detention in terms of subsection (1) shall not preclude the prosecution in a court of law of the person concerned on a charge of contempt of court.
A party to proceedings before the Court in which the attendance of witnesses or the production of any document or thing is required, may procure the attendance of any witness or the production of any document or thing in the manner provided for in the rules.
he or she is evading service, or if any person who has attended in obedience to a subpoena fails to remain in attendance, the Court may issue a warrant directing that he or she be arrested and brought before the Court at a time and place stated in the warrant or as soon thereafter as possible.
A person arrested under any such warrant may be detained thereunder in any prison or lock-up or other place of detention or in the custody of the person who is in charge of him or her, with a view to securing his or her presence as a witness or to produce any document or thing at the proceedings concerned: Provided that any member of the Court may release him or her on a recognisance with or without sureties for his or her appearance to give or to produce any document or thing as required.
Any person subpoenaed in terms of subsection (1) to attend any proceedings as a witness or to produce any document or thing, who fails without reasonable excuse to obey such subpoena, shall be guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding three months.
If a person who has entered into any recognisance in terms of subsection (3) for his or her appearance to give evidence at such proceedings or to produce any document or thing, fails without reasonable excuse so to appear or to produce such document or thing, he or she shall, apart from the forfeiture of his or her recognisance, be guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding three months.
refuses or fails to produce any document or thing which he or she is required to produce, without any just excuse for such refusal or failure, the Court may adjourn the proceedings for any period not exceeding eight days and may, in the meantime, by warrant commit the person so refusing or failing to prison unless he or she sooner consents to do what is required of him or her.
If any person referred to in subsection (1) again refuses at the resumed hearing of the proceedings to do what is so required of him or her, the Court may again adjourn the proceedings and commit him or her for a like period and so again from time to time until such person consents to do what is required of him or her.
Nothing in this section contained shall prevent the Court from giving judgment in any matter or otherwise disposing of the proceedings according to any other sufficient evidence taken.
No person shall be bound to produce any document or thing not specified or otherwise sufficiently described in the subpoena unless he or she actually has it in Court.
that the compelling of his or her attendance would be an abuse of the process of the Court, any member of the Court may, notwithstanding anything in this section contained, after reasonable notice by the Registrar to the party who sued out of the subpoena and after hearing that party in chambers if he or she appears, make an order cancelling such subpoena.
A witness in any matter before the Court shall be paid the allowance payable to a witness appearing in civil proceedings in the Supreme Court.
[S. 13 repealed by s. 14 of Act 44 of 1995.
The Minister shall, subject to the laws governing the public service, on the request of and in consultation with the President of the Court, appoint for the Court a registrar, assistant registrars and other officers and staff whenever they may be required for the administration of justice or the execution of the powers and authorities of the Court.
The President of the Court may, in consultation with the Minister, from time to time appoint for the Court one or more persons to undertake such research or perform such other duties as the President of the Court may determine.
The remuneration and other terms and conditions of service of a person appointed in terms of paragraph (a) shall be as determined, either generally or in any specific case, by the President of the Court in consultation with the accounting officer referred to in section 15 (3).
Whenever by reason of absence or incapacity the registrar or an assistant registrar is unable to carry out the functions of his or her office, or his or her office becomes vacant, the Minister may after consultation with the President of the Court, authorise any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled.
[Sub-s. (3) amended by s. 35 (1) of Act 47 of 1997.
Any officer in the public service appointed under subsection (1) may simultaneously hold more than one of the offices mentioned in that subsection.
The Minister may delegate to an officer in the Department of Justice any of the powers vested in him or her by this section.
Expenditure in connection with the administration and functioning of the Court shall be defrayed from moneys appropriated by Parliament.
Requests for the funds needed for the administration and functioning of the Court, as determined by the President of the Court after consultation with the Minister, shall be addressed to Parliament by the Minister in the manner prescribed for the budgetary processes of departments of state.
cause the necessary accounting and other related records to be kept, which records shall be audited by the Auditor-General.
The President of the Court may, in consultation with the Chief Justice, by notice in the Gazette make rules relating to the manner in which the Court may be engaged in any matter in respect of which it has jurisdiction, including the matters referred to in section 172 of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), and all matters relating to the proceedings of and before the Court.
Every rule and every amendment or repeal thereof shall be submitted to Parliament before the promulgation thereof and tabled as soon as possible.
to appeal directly to the Court from any other court.
The Constitutional Court Rules, 1995, promulgated by Government Notice R5 of 6 January 1995, as amended, shall be deemed to have been made under subsection (1).
[S. 16 repealed by s. 14 of Act 44 of 1995 and inserted by s. 3 of Act 79 of 1997.
This Act shall be called the Constitutional Court Complementary Act, 1995.
To amend the Constitutional Court Complementary Act, 1995, so as to provide for the referral of orders of constitutional invalidity of Acts of Parliament, provincial Acts or conduct of the President to the Constitutional Court; the appointment of counsel to argue issues of constitutional invalidity before the Constitutional Court; and the prescribing of rules regulating the proceedings of the Constitutional Court; and to provide for incidental matters.
1 Amends section 1 of the Constitutional Court Complementary Act 13 of 1995 by substituting the definition of 'rules'.
2 and 3 Insert respectively sections 8 and 16 in the Constitutional Court Complementary Act 13 of 1995.
This Act shall be called the Constitutional Court Complementary Act Amendment Act, 1997, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.1995032En.2012-02-10.en.txt</fn>
1 Inserts sections 35A and 35B in the Insolvency Act 24 of 1936.
2 Amends section 46 of the Insolvency Act 24 of 1936 by adding the proviso.
<fn>GOV-ZA.1995033En.2012-02-10.en.txt</fn>
To amend the Admission of Advocates Act, 1964, the Attorneys Act, 1979, the Admission of Advocates Act, 1964, of the former Transkei, the Attorneys, Notaries and Conveyancers Admission Act, 1934, of the former Transkei, the Admission of Advocates Act, 1964, of the former Bophuthatswana, the Attorneys, Notaries and Conveyancers Act, 1984, of the former Bophuthatswana, the Admission of Advocates Act, 1964, of the former Venda, the Attorneys Act, 1987, of the former Venda, the Admission of Advocates Act, 1964, of the former Ciskei and the Attorneys Act, 1979, of the former Ciskei so as to abolish the requirement that applicants for admission as advocates or attorneys must have passed examinations in the Afrikaans and English languages; and to provide for matters connected therewith.
2 Amends section 7 (1) of the Admission of Advocates Act 74 of 1964 by substituting paragraph (b).
inserts the word 'and' at the end of subparagraph (ivA); and paragraph (b) deletes subparagraph (v).
4 Amends section 81 (1) of the Attorneys Act 53 of 1979 by deleting paragraph (i).
after he or she has satisfied all the requirements for the degree of bachelor other than the degree of baccalaureus legum , of any university in the Republic or any other country designated by the Minister by notice in the Gazette , or after he or she has been admitted to the status of any such degree by any such university, has satisfied all the requirements for the degree of baccalaureus legum of any such university after pursuing courses of study for such degrees of not less than five years in the aggregate;'.
Section 10 of the Attorneys, Notaries and Conveyancers Admission Act, 1934, applicable in the area of the former Republic of Transkei, is hereby amended by the deletion of paragraph (c).
by the deletion in subsection (2) of the provisos to paragraph (a).
by the insertion in subsection (1) after paragraph (g) of the word 'and'.
ADMISSION OF LEGAL PRACTITIONERS AMENDMENT ACT 33 OF 1995 Page 3 of 3 of paragraph (a).
Section 80 of the Attorneys Act, 1987, applicable in the area of the former Republic of Venda, is hereby amended by the deletion in subsection (1) of paragraph (h).
English language prescribed or recognized by a university for a baccalaureus degree'.
Ciskei, is hereby amended by the deletion in subsection (1) of subparagraph (v) of paragraph (b).
Section 81 of the Attorneys Act, 1979, applicable in the area of the former Republic of Ciskei, is hereby amended by the deletion in subsection (1) of paragraph (i).
This Act shall be called the Admission of Legal Practitioners Amendment Act, 1995.
<fn>GOV-ZA.1995034En.2012-02-10.en.txt</fn>
[Date of commencement of para. (k) : 10 April 1996.
on its own initiative or at the request of any interested person inquire or investigate into any matter in terms of this Act, including the disappearance of any person or group of persons.
The President shall appoint the commissioners in consultation with the Cabinet.
The President shall designate one of the commissioners as the Chairperson, and another as the Vice-Chairperson, of the Commission.
A commissioner appointed in terms of subsection (2) (a) shall, subject to the provisions of subsections (6) and (7), hold office for the duration of the Commission.
A commissioner may at any time resign as commissioner by tendering his or her resignation in writing to the President.
The President may remove a commissioner from office on the grounds of misbehaviour, incapacity or incompetence, as determined by the joint committee and upon receipt of an address from the National Assembly and an address from the Senate.
If any commissioner tenders his or her resignation under subsection (6), or is removed from office under subsection (7), or dies, the President in consultation with the Cabinet, may fill the vacancy by appointing a person for the unexpired portion of the term of office of his or her predecessor or may allow the seat vacated as a result of a resignation, removal from office or death to remain vacant.
Minister of Finance, may determine.
A document setting out the remuneration, allowances and other conditions of employment determined by the Commission in terms of subsection (1), shall be tabled in Parliament within 14 days after each such determination.
If Parliament disapproves of any determination, such determination shall cease to be of force to the extent to which it is so disapproved.
anything done in terms of such determination up to the date on which such determination ceases to be of force shall be deemed to have been validly done; and any right, privilege, obligation or liability acquired, accrued or incurred up to the said date under and by virtue of such determination, shall lapse upon the said date.
Subject to section 40, the Commission shall have the power to determine the procedure for its meetings, including the manner in which decisions shall be taken.
The Commission shall cause a record to be kept of its proceedings.
The quorum for the first meeting of the Commission shall be two less than the total number of the Commission.
The Commission shall determine the quorum for any of its further meetings.
[Sub-s. (4) substituted by s. 22 of Act 104 of 1996.
informal mechanisms for the resolution of disputes, including mediation, arbitration and any procedure provided for by customary law and practice shall be applied, where appropriate, to facilitate reconciliation and redress for victims.
There is hereby established a committee to be known as the Committee on Human Rights Violations, which shall in this Chapter be referred to as the Committee.
not more than ten other members.
[Para. (c) substituted by s. 5 (a) of Act 87 of 1995.
The Commission shall appoint, as the members referred to in subsection (1) (c) , South African citizens who are fit and proper persons and broadly representative of the South African community and shall, when making such appointments, give preference to persons possessing knowledge of the content and application of human rights or of investigative or fact-finding procedures.
Any vacancies in the Committee shall be filled in accordance with this section. [Sub-s. (3) added by s. 5 (b) of Act 87 of 1995.
The Committee shall at the conclusion of its functions submit to the Commission a comprehensive report of all its activities and findings in connection with the performance of its functions and the carrying out of its duties in terms of this Act.
17 Constitution of Committee necessary.
1 of Act 33 of 1998.
(a) The Chairperson of the Committee may from among the members of the Committee establish a subcommittee, the chairperson of which shall be a judge as referred to in subsection (3), designated by the Chairperson of the Committee.
Any vacancies in the Committee shall be filled in accordance with this section.
a judge who has been discharged from active service in terms of section 3 of the said Act.
Any person who wishes to apply for amnesty in respect of any act, omission or offence on the grounds that it is an act associated with a political objective, shall within 12 months from the date of the proclamation referred to in section 7 (3), or such extended period as may be prescribed, submit such an application to the Commission in the prescribed form.
The Committee shall give priority to applications of persons in custody and shall prescribe measures in respect of such applications after consultation with the Minister and the Minister of Correctional Services.
[Para. (a) amended by s. 8 (b) of Act 87 of 1995.
[Para. (b) amended by s. 8 (e) of Act 87 of 1995.
The Committee shall, for the purpose of considering and deciding upon an application referred to in subsection (1), have the same powers as those conferred upon the Commission in section 5 (l) and (m) and Chapters 6 and 7.
Notwithstanding the provisions of section 18 (1), the Committee may consider jointly the individual applications in respect of any particular act, omission or offence to which such applications relate.
[Sub-s. (7) substituted by s. 8 (h) of Act 87 of 1995.
out of personal malice, ill-will or spite, directed against the victim of the acts committed.
In applying the criteria contemplated in subsection (3), the Committee shall take into account the criteria applied in the Acts repealed by section 48.
The Commission shall inform the person concerned and, if possible, any victim, of the decision of the Committee to grant amnesty to such person in respect of a specified act, omission or offence and the Committee shall submit to the Commission a record of the proceedings, which may, subject to the provisions of this Act, be used by the Commission.
The Commission shall forthwith by proclamation in the Gazette make known the full names of any person to whom amnesty has been granted, together with sufficient information to identify the act, omission or offence in respect of which amnesty has been granted.
No person who has been granted amnesty in respect of an act, omission or offence shall be criminally or civilly liable in respect of such act, omission or offence and no body or organisation or the State shall be liable, and no person shall be vicariously liable, for any such act, omission or offence.
Where amnesty is granted to any person in respect of any act, omission or offence, such amnesty shall have no influence upon the criminal liability of any other person contingent upon the liability of the first-mentioned person.
If any person has been granted amnesty in respect of any act or omission which formed the ground of a civil judgment which was delivered at any time before the granting of the amnesty, the publication of the proclamation in terms of subsection (6) shall not affect the operation of the judgment in so far as it applies to that person.
If any criminal or civil proceedings were suspended pending a decision on an application for amnesty, and such application is refused, the court concerned shall be notified accordingly.
No adverse inference shall be drawn by the court concerned from the fact that the proceedings which were suspended pending a decision on an application for amnesty, are subsequently resumed.
[Date of commencement of s. 21: 10 April 1996.
[Date of commencement of s. 22: 10 April 1996.
There is hereby established a committee to be known as the Committee on Reparation and Rehabilitation, which shall in this Chapter be referred to as the Committee.
in addition to the commissioners referred to in subsection (2), such other commissioners as may be appointed to the Committee by the Commission.
Any vacancies in the Committee shall be filled in accordance with this section. [Sub-s. (4) added by s. 11 (b) of Act 87 of 1995.
may exercise the powers referred to in section 5 (l) and (m) and Chapters 6 and 7.
The Committee shall submit to the Commission a final comprehensive report on its activities, findings and recommendations. [Date of commencement of s. 25: 10 April 1996.
Any person referred to the Committee in terms of section 25 (1) (a) (i) may apply to the Committee for reparation in the prescribed form. [Sub-s. (1) substituted by s. 13 of Act 87 of 1995.
and any evidence received or obtained by it concerning such matter or application, the Committee is of the opinion that the applicant is a victim, it shall, having regard to criteria as prescribed, make recommendations as contemplated in section 25 (1) (b) (i) in an endeavour to restore the human and civil dignity of such victim.
The recommendations referred to in section 4 (f) (i) shall be considered by the President with a view to making recommendations to Parliament and making regulations.
The recommendations referred to in subsection (1) shall be considered by the joint committee and the decisions of the said joint committee shall, when approved by Parliament, be implemented by the President by making regulations.
determine that any reparation received in terms of the regulations shall not form part of the estate of the recipient should such estate be sequestrated; and should be taken to grant urgent interim reparation to victims. [Date of commencement of s. 27: 10 April 1996.
The Commission may establish an investigating unit which shall consist of such persons, including one or more commissioners, as may be determined by the Commission.
The period of appointment of such members shall be determined by the Commission at the time of appointment, but such period may be extended or curtailed by the Commission.
The Commission shall appoint a commissioner as the head of the investigating unit.
The investigating unit shall investigate any matter falling within the scope of the Commission's powers, functions and duties, subject to the directions of the Commission, and shall at the request of a committee investigate any matter falling within the scope of the powers, functions and duties of that committee, subject to the directions of the committee.
The investigating unit shall in the performance of its functions follow such procedure as may be determined by the Commission or the committee concerned, as the case may be.
Subject to section 33, no article or information obtained by the investigating unit shall be made public, and no person except a member of the investigating unit, the Commission, the committee concerned or a member of the staff of the Commission shall have access to such article or information until such time as the Commission or the committee determines that it may be made public or until the commencement of any hearing in terms of this Act which is not held behind closed doors.
in accordance with section 32 seize any article or thing referred to in paragraph (b) which is relevant to the subject matter of the investigation or hearing.
A notice referred to in subsection (1) shall specify the time when and the place where the person to whom it is directed shall appear, shall be signed by a commissioner, shall be served by a member of the staff of the Commission or by a sheriff, by delivering a copy thereof to the person concerned or by leaving it at such person's last known place of residence or business, and shall specify the reason why the article is to be produced or the evidence is to be given.
If the Commission is of the opinion that the production of any article in the possesion [sic] or custody or under the control of the State, any department of State, the Auditor-General or any Attorney-General may adversely affect any intended or pending judicial proceedings or the conduct of any investigation carried out with a view to the institution of judicial proceedings, the Commission shall take steps aimed at the prevention of any undue delay in or the disruption of such investigation or proceedings.
The Commission may require any person who in compliance with a requirement in terms of this section appears before it, to take the oath or to make an affirmation and may through the Chairperson or any member of the staff of the Commission administer the oath to or accept an affirmation from such person.
submit representations to the Commission within a specified time with regard to the matter under consideration or to give evidence at a hearing of the Commission. [Date of commencement of s. 30: 10 April 1996.
[Date of commencement of s. 31: 10 April 1996.
[Sub-s. (3) amended by s. 16 (c) of Act 87 of 1995.
the delay caused by the obtaining of any such warrant would defeat the object of the entry, search, seizure and removal. [Para. (a) amended by s. 16 (d) of Act 87 of 1995.
Any entry and search in terms of paragraph (a) shall be executed by day, unless the execution thereof by night is justifiable and necessary.
Any person who may on the authority of a warrant issued in terms of subsection (2), or under the provisions of subsection (5), enter upon and search any premises, may use such force as may be reasonably necessary to overcome resistance to such entry or search.
An application for proceedings to be held behind closed doors may be brought by a person referred to in paragraph (b) and such application shall be heard behind closed doors.
Provided that the Commission may authorize the publication of so much information as it considers would be just and equitable. [Date of commencement of s. 33: 10 April 1996.
[Sub-s. (3) substituted by s. 17 of Act 87 of 1995.
A person referred to in subsection (1) shall be informed timeously of his or her right to be represented by a legal representative. [Date of commencement of s. 34: 10 April 1996.
The Minister shall, in consultation with the Commission, promote the establishment of a witness protection programme in order to provide for the protection and safety of witnesses in any manner when necessary.
The witness protection programme contemplated in subsection (1) shall be prescribed by the President as soon as possible after the date referred to in section 7 (3).
be Tabled in Parliament for approval.
The Commission, its commissioners and every member of its staff shall function without political or other bias or interference and shall, unless this Act expressly otherwise provides, be independent and separate from any party, government, administration, or any other functionary or body directly or indirectly representing the interests of any such entity.
To the extent that any of the personnel of the entities referred to in subsection (1) may be involved in the activities of the Commission, such personnel will be accountable solely to the Commission.
serve in a full-time capacity to the exclusion of any other duty or obligation arising out of any other employment or occupation or the holding of another office: Provided that the Commission may exempt a commissioner from the provisions of this paragraph.
Subject to the provisions of sections 20 (6), 33 and 35 the Commission shall, with due regard to the purposes of this Act and the objectives and functions of the Commission, decide to what extent, if at all, the identity of any person who made an application under this Act or gave evidence at the hearing of such application or at any other inquiry or investigation under this Act may be disclosed in any report of the Commission.
No person who is not authorized thereto by the Commission shall have access to any information which is confidential by virtue of any provision of this Act.
'I, A B, hereby declare under oath/solemnly affirm that I understand and shall honour the obligation of confidentiality imposed upon me by any provision of the Promotion of National Unity and Reconciliation Act, 1995, and shall not act in contravention thereof.'
with regard to any matter which the President deems necessary or expedient to prescribe in order to achieve the objects of this Act.
42 President's Fund all money appropriated by Parliament for the purposes of the Fund; and all money donated or contributed to the Fund or accruing to the Fund from any source.
Any funds or property which, by a trust, donation or bequest vests or accrues in the Fund, shall be dealt with in accordance with the conditions of such trust, donation or bequest.
Any money of the Fund which is not required for immediate use may be invested with a financial institution approved by the Minister of Finance and may be withdrawn when required.
Any unexpended balance of the money of the Fund at the end of a financial year, shall be carried forward as a credit to the Fund for the next financial year.
The administrative work, including the receipt of money appropriated by Parliament for, or donated for the purposes of, the Fund or accruing to the Fund from any source, and the making of payments from the Fund in compliance with a recommendation in terms of this Act, shall be performed by officers in the Public Service designated by the Minister.
The Minister shall appoint an officer designated under subsection (5) as accounting officer in respect of the Fund.
The Auditor-General shall audit the Fund and all financial statements relating thereto, and the provisions of section 6 of the Auditor-General Act, 1989 (Act 52 of 1989), shall apply in respect of any such audit.
The Commission shall, within three months after 31 July 1998, submit a report to the President, whereafter its activities shall be suspended until it is reconvened by the President in terms of subsection (3).
the Chairperson of the Committee on Amnesty shall submit quarterly reports to the President in respect of its activities.
The President shall, in such manner as he or she may deem fit, bring the final report of the Commission to the notice of the Nation, among others, by laying such report, within two months after having received it, upon the Table in Parliament.
Upon the dissolution of the Commission, subject to subsection (6), all assets, including intellectual property rights, monies and liabilities of the Commission, shall revert to the Department of Justice to be dealt with according to law.
have the authority to wind up the affairs of the Commission; and for the purposes of any legal relationships, including legal proceedings involving the Commission, be the legal successor of the Commission.
The Director-General of the Department of Justice and Constitutional Development shall provide the necessary administrative support, including staff required by the subcommittee for the performance of its functions.
If, after the dissolution of the Commission, it appears that any other committee referred to in this Act, other than the Committee on Amnesty or any subcommittee thereof, needs to deal with a matter arising from the consideration of any matter by a subcommittee appointed in terms of section 47A (1), the Minister may, by notice in the Gazette , appoint a committee to deal with the matter in such manner as may be required.
A committee appointed in terms of subsection (1) may consist of one or more fit and proper persons.
A committee appointed in terms of subsection (1) shall have all the powers to deal with the matter for which it was appointed that the corresponding committee in terms of this Act would have had prior to the dissolution of the Commission.
The provisions of section 47A (4) and (5) apply, with the necessary changes required by the context, in respect of a committee appointed in terms of subsection (1).
a determination needs to be made whether a person is a victim and whether an act, omission or offence constitutes a gross violation of human rights, refer the matter to a committee referred to in it shall recommend to the committee appointed to perform the functions of a Committee on Reparation and Rehabilitation to forward such person's name to the Minister, who shall deal with the recommendation in terms of subsection (5) (a).
Subsection (1) does not detract from the general nature of section 46 (7) (b).
[Date of commencement of s. 48: 1 June 1996.
1 Amends section 1 of the Promotion of National Unity and Reconciliation Act 34 of 1995 , as follows: paragraph (a) substitutes the definition of 'prescribe'; paragraph (b) substitutes in the Afrikaans text the definition of 'veiligheidsmagte'; and paragraph (c) substitutes in the Afrikaans text subsection (2).
4 Amends section 5 of the Promotion of National Unity and Reconciliation Act 34 of 1995 , as follows: paragraph (a) substitutes paragraph (e) ; paragraph (b) substitutes paragraph (g) ; paragraph (c) substitutes paragraph (i); paragraph (d) substitutes paragraph (j) in the Afrikaans text; and paragraph (e) substitutes paragraph (m).
8 Amends section 19 of the Promotion of National Unity and Reconciliation Act 34 of 1995 , as follows: paragraph (a) deletes the proviso to subsection (2); paragraph (b) substitutes in subsection (3) the words preceding paragraph (a) (i); paragraph (c) substitutes in the Afrikaans text subsection (3) (a) (i); paragraph (d) substitutes in the Afrikaans text subsection (3) (a) (iii); paragraph (e) substitutes in subsection (3) the words preceding paragraph (b) (i); paragraph (f) substitutes in the Afrikaans text subsection (4); paragraph (g) substitutes subsection (6); and paragraph (h) substitutes subsection (7).
10 Amends section 21 in the Afrikaans text of the Promotion of National Unity and Reconciliation Act 34 of 1995 , as follows: paragraph (a) substitutes the words proceeding subsection (1) (a) ; and paragraph (b) substitutes subsection (2) (a).
13 Amends section 26 of the Promotion of National Unity and Reconciliation Act 34 of 1995 by substituting subsection (1).
16 Amends section 32 of the Promotion of National Unity and Reconciliation Act 34 of 1995 , as follows: paragraph (a) substitutes in the Afrikaans text subsection (1) (b) ; paragraph (b) substitutes in the Afrikaans text subsection (2); paragraph (c) substitutes in subsection (3) the words preceding paragraph (a) ; and paragraph (d) substitutes in subsection (5) (a) the words preceding subparagraph (i).
19 Substitutes the long title of the Promotion of National Unity and Reconciliation Act 34 of 1995.
This Act shall be called the Promotion of National Unity and Reconciliation Amendment Act, 1995.
1 Amends section 17 of the Promotion of National Unity and Reconciliation Act 34 of 1995 , as follows: paragraph (a) substitutes subsections (1) and (2); and paragraph (b) inserts subsection 2A.
This Act shall be called the Promotion of National Unity and Reconciliation Amendment Act, 1997.
to further regulate the composition of the Committee on Amnesty; to extend the period within which the Commission shall complete its work; and to provide for matters connected therewith.
2 Amends section 43 of the Promotion of National Unity and Reconciliation Act 34 of 1995 by substituting subsection (1).
[S. 3 repealed by s. 5 of Act 33 of 1998.
This Act shall be called the Promotion of National Unity and Reconciliation Second Amendment Act, 1997.
2 Substitutes section 43 of the Promotion of National Unity and Reconciliation Act 34 of 1995.
5 Repeals section 3 of the Promotion of National Unity and Reconciliation Second Amendment Act 84 of 1997.
US Ambassador to the United Nations, Susan Rice - who will lead a high-level a delegation to the July 9 festivities in the southern capital, Juba - told media at a briefing on Thursday that the parties need to urgently resolve the remaining issues.
Rice listed outstanding comprehensive peace agreement (CPA) issues, including the disputed status of Abyei and other north-south border areas; citizenship issues in those regions, and a mechanism to share oil revenue between the Sudanese government in Khartoum and the soon-to-be Republic of South Sudan.
"It's vital that the United Nations be allowed to maintain a full peacekeeping presence in these areas for an additional period of time in order to facilitate the distribution of humanitarian aid, support the implementation of any cessation of hostilities agreement and vitally to protect civilians," Rice told reporters.
Assistant Secretary of State Johnnie Carson, the State Department's top official for Africa, said Khartoum needed to follow through on the agreement to improve conditions in the western region of Darfur, before Washington could move on improving bilateral ties.
"We are working as hard as we can with the authorities in Khartoum to make progress on these issues, but we are not yet at the end of the line," Carson said.
Carson said the United States wants good relations with both states and wants them to be viable and good neighbours to one another.
Washington is also working to free the new country from sanctions imposed on Khartoum, although it was unclear how this might apply to South Sudan's oil sector, which produces 75 percent of overall Sudanese production, but exports through northern ports and refineries.
The facts contained in this affidavit are within my personal knowledge and are true and correct.
i. The dispute arose on after all attempts to negotiate or follow internal procedures at the respondent failed.
Applicant signed the referral form on.
ELRC FORM E2 Application for Condonation Page 2 of 4 6. PREJUDICE As the applicant (employee), if condonation is not granted, I will be prejudiced because: ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ I believe that the respondent (employer party) will / will not be prejudiced if condonation is granted because: ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................................................................................................................................
ELRC FORM E2 Application for Condonation Page 4 of 4 7. GENERAL Any other relevant information: ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ NOTE: (a) The respondent may within 14 (fourteen) days of receipt of this affidavit from the applicant, file an affidavit opposing an application for rescission by the applicant. The applicant has 7 (seven) days to file a replying affidavit. (b) The respondent must serve a copy of the affidavit on the Applicant within the stipulated 14 (fourteen) days. Proof must be attached to show that the affidavit has been forwarded to the other party. ......................................... SIGNATURE OF APPLICANT Signed before me on ......................................at ......................................... by the despondent who acknowledges that he/she knows and understands the contents of the affidavit, had no objection to taking the oath / affirmation and considers it binding on his/her conscience. Commissioner of Oaths :............................................................................
<fn>GOV-ZA.1995062En.2012-02-10.en.txt</fn>
To regulate by Act of Parliament the right of advocates and attorneys to appear in courts in the Republic, and to extend the existing right of attorneys so to appear; and to provide for matters connected therewith.
'Supreme Court' means the Supreme Court of the Republic of South Africa contemplated in section 101 of the Constitution.
Any advocate shall have the right to appear on behalf of any person in any court in the Republic.
Any attorney shall have the right to appear on behalf of any person in any court in the Republic, except the Supreme Court and the Constitutional Court.
Any attorney who wishes to acquire the right to appear on behalf of any person in the Supreme Court may apply to the registrar of a provincial division of the Supreme Court in the manner provided for in section 4 (1).
Any attorney who has acquired the right of appearance in the Supreme Court may also appear in the Constitutional Court.
An attorney who has been granted the right of appearance in the Supreme Court shall also be entitled to discharge the other functions of an advocate in any proceedings in the Supreme Court.
a certificate signed by the secretary of the said law society to the effect that no proceedings to strike the applicant's name off the roll of attorneys, or to suspend him or her from practice as an attorney, have been instituted by that law society.
If the registrar is satisfied that an application referred to in subsection (1) complies with the provisions of this Act, he or she shall issue a certificate to the effect that the applicant has the right of appearance in the Supreme Court.
Section 21 of the Attorneys Act, 1979 (Act 53 of 1979), which requires rolls of attorneys to be kept, shall apply mutatis mutandis in respect of attorneys who have been granted the right of appearance in the Supreme Court.
An attorney who has been granted the right of appearance in terms of this section shall be entitled to appear in any court throughout the Republic. [Sub-s. (4) inserted by s. 7 of Act 22 of 2005.
The court of any division of the Supreme Court may upon application of any person order the withdrawal or suspension of an attorney's right of appearance in the Supreme Court if the court is satisfied that he or she is not a fit and proper person so to appear: Provided that if such an application is not brought by the law society of which that attorney is a member, due notice of such an application shall also be given to the law society concerned.
Court has been withdrawn or suspended, and upon submission by such attorney of proof that the person who brought the application, and the law society concerned, if applicable, have been notified of the application, grant to such attorney the right so to appear if that court is satisfied that the grounds for the withdrawal or suspension no longer exist and that such attorney is a fit and proper person to have such a right.
An attorney who has not acquired the right to appear on behalf of any person in the Supreme Court or an attorney whose right so to appear has been withdrawn or suspended, may not appear in the Supreme Court or hold himself or herself out as, or pretend to be, or make use of any name, title, addition or description implying or tending to induce the belief that he or she is an attorney who has the right so to appear in the Supreme Court.
An attorney who contravenes subsection (1) shall be guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment, and any contravention of that subsection by an attorney shall, in addition, constitute unprofessional conduct.
This Act shall be called the Right of Appearance in Courts Act, 1995, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.1995075En.2012-02-10.en.txt</fn>
To amend the Criminal Procedure Act, 1977, so as to further regulate the detention of arrested persons; to make provision for accused persons to be entitled to be released on bail in certain circumstances to give a court a discretion to postpone bail proceedings in certain circumstances; to empower a court to, in respect of certain serious offences, order the accused to satisfy the court that the interests of justice do not require his or her detention in custody; to empower the attorney-general to appeal against the decision of a court to release an accused on bail and the imposition of bail conditions; to set out the factors which should be taken into account in considering bail; to further regulate bail proceedings; to revoke the power of an attorney-general to prevent the granting of bail in certain cases; to render the non-appearance of persons who are on bail in certain cases and the non-compliance of bail conditions punishable; to further regulate the cancellation of bail; to empower a superior court to consider the granting of bail after the refusal of such an application in a magistrate's court where an accused is standing trial in the superior court; and to make the bail-related provisions in the Criminal Procedure Act, 1977, as amended, applicable in the whole of the national territory; and to provide for matters connected therewith.
substitutes subsection (3); and paragraph (b) adds subsections (6) and (7).
2 Amends section 59 (1) of the Criminal Procedure Act 51 of 1977 by substituting paragraph (a).
3 Substitutes section 60 of the Criminal Procedure Act 51 of 1977.
4 Repeals section 61 of the Criminal Procedure Act 51 of 1977.
5 Amends section 63 of the Criminal Procedure Act 51 of 1977 by substituting subsection (1).
6 Substitutes section 64 of the Criminal Procedure Act 51 of 1977.
7 Inserts section 65A in the Criminal Procedure Act 51 of 1977.
8 Amends section 66 of the Criminal Procedure Act 51 of 1977 by substituting subsection (1).
9 Inserts section 67A in the Criminal Procedure Act 51 of 1977.
51 of 1977.
and paragraph (c) substitutes subsection (6).
13 Amends section 309 of the Criminal Procedure Act 51 of 1977 by adding subsection (5).
CRIMINAL PROCEDURE SECOND AMENDMENT ACT 75 OF 1995 Page 2 of 2 14 Adds Schedule 5 to the Criminal Procedure Act 51 of 1977.
Any provision contained in any other law that is in respect of bail inconsistent with the provisions of sections 37, 50, 58 up to and including 71, 72, 141, 144, 170, 304, 307, 308, 308A and 321 of the Criminal Procedure Act, 1977 (Act 51 of 1977), as amended by this Act, shall be deemed to be amended to the extent of the inconsistency thereof.
Notwithstanding the provisions of subsection (1), bail proceedings which have commenced before the date of commencement of this Act in any superior court, regional court or magistrate's court shall, if such proceedings have at that date not been concluded, be continued and concluded as if subsection (1) has not come into operation.
This Act shall be called the Criminal Procedure Second Amendment Act, 1995.
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To make the Magistrates Act, 1993, applicable throughout the Republic; to validate certain transfers of and the performance of certain functions by certain magistrates; and to amend the said Act so as to make provision for a magistrate to be transferred to, and appointed to a post in, the public service; and to provide for matters in connection therewith.
'Magistrates Commission' means the Magistrates Commission established by section 2 of the Magistrates Act.
The Magistrates Act shall from the fixed date apply throughout the Republic: Provided that section 13 (1) of that Act shall not be so applicable to a magistrate to whom a different retirement age than 65 years was applicable on 1 October 1993, unless such magistrate consents to such application by notice in writing to the Director-General: Justice within one month after the fixed date.
Any magistrate shall from the fixed date be deemed to have been duly appointed in accordance with section 10 of the Magistrates Act, and the provisions of that Act shall, subject to the provisions of this Act, be applicable in respect of such magistrate.
For the purpose of the appointment of a magistrate in a former state after the fixed date, any reference in the Magistrates Act to a provision of the Magistrates' Courts Act, 1944 (Act 32 of 1944), shall be construed as a reference to the corresponding law in force in such former state at the time of such appointment.
Any magistrate transferred before the fixed date to perform magisterial functions at any place in the Republic outside the former state where such magistrate was appointed as a magistrate, shall for all purposes be deemed to have been validly so transferred and to have performed such functions validly.
JUDICIAL MATTERS AMENDMENT ACT 85 OF 1995 Page 2 of 2 apply to such magistrate until amended by a determination under that section, made in order to establish uniformity of the terms and conditions of service of magistrates throughout the Republic.
contribute to such pension fund, until otherwise provided for under section 16 (1) (b) of the Magistrates Act.
any complaint by or grievance of, a magistrate, which has not been finalised by the fixed date, to the Magistrates Commission, which shall, subject to the Constitution, treat the matter as it deems appropriate.
deletes the word 'or' at the end of subsection (5) (a) (i); paragraph (b) inserts subsection (5) (a) (iA); and paragraph (c) adds subsections (6) and (7).
This Act shall be called the Judicial Matters Amendment Act, 1995, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
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Strategic objective E.4.
Develop awareness of the human rights of women and provide, as appropriate, human rights education and training to military and police personnel operating in areas of armed conflict and areas where there are refugees.
Protect women and children who migrate as family members from abuse or denial of their human rights by sponsors and consider extending their stay, should the family relationship dissolve, within the limits of national legislation.
Strategic objective E.6.
integrated in the policy formulation process of the multilateral institutions that define the terms and, in cooperation with Governments, set the goals of structural adjustment programmes, loans and grants.
Discrimination in education and training, hiring and remuneration, promotion and horizontal mobility practices, as well as inflexible working conditions, lack of access to productive resources and inadequate sharing of family responsibilities, combined with a lack of or insufficient services such as child care, continue to restrict employment, economic, professional and other opportunities and mobility for women and make their involvement stressful. Moreover, attitudinal obstacles inhibit women's participation in developing economic policy and in some regions restrict the access of women and girls to education and training for economic management.
Women's share in the labour force continues to rise and almost everywhere women are working more outside the household, although there has not been a parallel lightening of responsibility for unremunerated work in the household and community. Women's income is becoming increasingly necessary to households of all types. In some regions, there has been a growth in women's entrepreneurship and other self- reliant activities, particularly in the informal sector. In many countries, women are the majority of workers in non-standard work, such as temporary, casual, multiple part-time, contract and home-based employment.
Women migrant workers, including domestic workers, contribute to the economy of the sending country through their remittances and also to the economy of the receiving country through their participation in the labour force. Migrant women do, however, in many receiving countries, experience higher levels of unemployment compared with both nonmigrant workers and male migrant workers.
Although many women have advanced in economic structures, for the majority of women, particularly those who face additional barriers, continuing obstacles have hindered women's ability to achieve economic autonomy and to ensure sustainable livelihoods for themselves and their dependants. Women are active in a variety of economic areas, which they often combine, ranging from wage labour and subsistence farming and fishing to the informal sector. However, legal and customary barriers to ownership of or access to land, natural resources, capital, credit, technology and other means of production, as well as wage differentials, contribute to impeding the economic progress of women. Women contribute to development not only through remunerated work but also through a great deal of unremunerated work. On the one hand, women participate in the production of goods and services for the market and household consumption, in agriculture, food production or family enterprises. Though included in the United Nations System of National Accounts and in international standards for labour statistics, this unremunerated work - particularly that related to agriculture - is often undervalued and under- recorded. On the other hand, women still also perform the great majority of unremunerated domestic work and community work, such as caring for children and older persons, preparing food for the family, protecting the environment and providing voluntary assistance to vulnerable and disadvantaged individuals and groups. This work is often not measured in quantitative terms and is not valued in national accounts.
Lack of employment in the private sector and reductions in public services and public service jobs have affected women disproportionately. In some countries, women take on more unpaid work, such as the care of children and those who are ill or elderly, compensating for lost household income, particularly when public services are not available. In many cases, employment creation strategies have paid insufficient attention to occupations and sectors where women predominate; nor have they adequately promoted the access of women to those occupations and sectors that are traditionally male.
In the private sector including transnational and national enterprises, women are largely absent from management and policy levels, denoting discriminatory hiring and promotion policies and practices. The unfavourable work environment as well as the limited number of employment opportunities available have led many women to seek alternatives. Women have increasingly become self-employed and owners and managers of micro, small and medium-scale enterprises. The expansion of the informal sector, in many countries, and of self- organized and independent enterprises is in large part due to women, whose collaborative, self-help and traditional practices and initiatives in productionand trade represent a vital economic resource. When they gain access to and control over capital, credit and other resources, technology and training, women can increase production, marketing and income for sustainable development.
Reform laws or enact national policies that support the establishment of labour laws to ensure the protection of all women workers, including safe work practices, the right to organize and access to justice. Strategic objective F.2.
Ensure that women's priorities are included in public investment programmes for economic infrastructure, such as water and sanitation, electrification and energy conservation, transport and road construction. Promote greater involvement of women beneficiaries at the project planning and implementation stages to ensure access to jobs and contracts.
Develop strategies to consolidate and strengthen their assistance to the micro, small and medium-scale enterprise sector, in order to enhance the opportunities for women to participate fully and equally and work together to coordinate and enhance the effectiveness of this sector, drawing upon expertise and financial resources from within their own organizations as well as from bilateral agencies, Governments and non-governmental organizations.
Strategic objective F.3.
Provide affordable support services, such as high-quality, flexible and affordable child-care services, that take into account the needs of working men and women.
Advocate, at all levels, for the promotion and support of women's businesses and enterprises, including those in the informal sector, and the equal access of women to productive resources.
Ensure that policies and regulations do not discriminate against micro, small and medium-scale enterprises run by women.
Enact and enforce laws against sexual and other forms of harassment in all workplaces.
The equitable distribution of power and decision-making at all levels is dependent on Governments and other actors undertaking statistical gender analysis and mainstreaming a gender perspective in policy development and the implementation of programmes. Equality in decision-making is essential to the empowerment of women. In some countries, affirmative action has led to 33.3 per cent or larger representation in local and national Governments.
National, regional and international statistical institutions still have insufficient knowledge of how to present the issues related to the equal treatment of women and men in the economic and social spheres. In particular, there is insufficient use of existing databases and methodologies in the important sphere of decision-making.
Continue to collect and disseminate quantitative and qualitative data on women and men in decision-making and analyse their differential impact on decision-making and monitor progress towards achieving the SecretaryGeneral's target of having women hold 50 per cent of managerial and decisionmaking positions by the year 2000.
and advisory positions, for dissemination to Governments, regional and international organizations and private enterprise, political parties and other relevant bodies. Strategic objective G.2.
National machineries for the advancement of women have been established in almost every Member State to, inter alia, design, promote the implementation of, execute, monitor, evaluate, advocate and mobilize support for policies that promote the advancement of women. National machineries are diverse in form and uneven in their effectiveness, and in some cases have declined. Often marginalized in national government structures, these mechanisms are frequently hampered by unclear mandates, lack of adequate staff, training, data and sufficient resources, and insufficient support from national political leadership.
At the regional and international levels, mechanisms and institutions to promote the advancement of women as an integral part of mainstream political, economic, social and cultural development, and of initiatives on development and human rights, encounter similar problems emanating from a lack of commitment at the highest levels.
Successive international conferences have underscored the need to take gender factors into account in policy and programme planning. However, in many instances this has not been done.
Give all ministries the mandate to review policies and programmes from a gender perspective and in the light of the Platform for Action. Locate the responsibility for the implementation of that mandate at the highest possible level. Establish and/or strengthen an inter-ministerial coordination structure to carry out this mandate and monitor progress and to network with relevant machineries.
Use more gender-sensitive data in the formulation of policy and implementation of programmes and projects.
The promotion and protection of all human rights and fundamental freedoms must be considered as a priority objective of the United Nations, in accordance with its purposes and principles, in particular with the purpose of international cooperation. In the framework of these purposes and principles, the promotion and protection of all human rights is a legitimate concern of the international community. The international community must treat human rights globally, in a fair and equal manner, on the same footing, and with the same emphasis. The Platform for Action reaffirms the importance of ensuring the universality, objectivity and non-selectivity of the consideration of human rights issues.
Equal rights of men and women are explicitly mentioned in the Preamble to the Charter of the United Nations. All the major international human rights instruments include sex as one of the grounds upon which States may not discriminate.
Convention on the Elimination of All Forms of Discrimination against Women.
The World Conference on Human Rights reaffirmed clearly that the human rights of women throughout the life cycle are an inalienable, integral and indivisible part of universal human rights. The International Conference on Population and Development reaffirmed women's reproductive rights and the right to development. Both the Declaration of the Rights of the Child and the Convention on the Rights of the Child guarantee children's rights and uphold the principle of non-discrimination on the grounds of gender.
The gap between the existence of rights and their effective enjoyment derives from a lack of commitment by Governments to promoting and protecting those rights and the failure of Governments to inform women and men alike about them. The lack of appropriate recourse mechanisms at the national and international levels, and inadequate resources at both levels, compound the problem. In most countries, steps have been taken to reflect the rights guaranteed by the Convention on the Elimination of All Forms of Discrimination against Women in national law. A number of countries have established mechanisms to strengthen women's ability to exercise their rights.
In order to protect the human rights of women, it is necessary to avoid, as far as possible, resorting to reservations and to ensure that no reservation is incompatible with the object and purpose of the Convention or is otherwise incompatible with international treaty law. Unless the human rights of women, as defined by international human rights instruments, are fully recognized and effectively protected, applied, implemented and enforced in national law as well as in national practice in family, civil, penal, labour and commercial codes and administrative rules and regulations, they will exist in name only.
The human rights of all women and the girl child must form an integral part of United Nations human rights activities. Intensified efforts are needed tointegrate the equal status and the human rights of all women and girls into the mainstream of United Nations system-wide activities and to address these issues regularly and systematically throughout relevant bodies and mechanisms. This requires, inter alia, improved cooperation and coordination between the Commission on the Status of Women, the United Nations High Commissioner for Human Rights, the Commission on Human Rights, including its special and thematic rapporteurs, independent experts, working groups and its Subcommission on Prevention of Discrimination and Protection of Minorities, the Commission on Sustainable Development, the Commission for Social Development, the Commission on Crime Prevention and Criminal Justice, and the Committee on the Elimination of Discrimination against Women and other human rights treaty bodies, and all relevant entities of the United Nations system, including the specialized agencies. Cooperation is also needed to strengthen, rationalize and streamline the United Nations human rights system and to promote its effectiveness and efficiency, taking into account the need to avoid unnecessary duplication and overlapping of mandates and tasks.
If the goal of full realization of human rights for all is to be achieved, international human rights instruments must be applied in such a way as to take more clearly into consideration the systematic and systemic nature of discrimination against women that gender analysis has clearly indicated.
226 bis. The factors that cause the flight of refugee women, other displaced women in need of international protection and internally displaced women may be different from those affecting men. These women continue to be vulnerable to abuses of their human rights during and after their flight.
Women engaged in the defence of human rights must be protected. Governments have a duty to guarantee the full enjoyment of all rights set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights by women working peacefully in a personal or organizational capacity for the promotion and protection of human rights. Non-governmental organizations, women's organizations and feminist groups have played a catalytic role in the promotion of the human rights of women through grassroots activities, networking and advocacy and need encouragement, support and access to information from Governments in order to carry out these activities.
In addressing the enjoyment of human rights, Governments and other actors should promote an active and visible policy of mainstreaming a genderperspective in all policies and programmes so that, before decisions are taken, an analysis is made of the effects on women and men, respectively.
Strategic objective I.1.
Take action to ensure that the human rights of women, including the rights referred to in paragraphs 96 and 97 in section IV.
bis.
Take appropriate measures to ensure that refugee and displaced women, migrant women and women migrant workers are made aware of their human rights and of the recourse mechanisms available to them.
Actions to be taken 239.
Guarantee the freedom of the media and its subsequent protection within the framework of national law and encourage, consistent with freedom of expression, the positive involvement of the media in development and social issues.
Encourage the participation of women in the development of professional guidelines and codes of conduct or other appropriate self-regulatory mechanisms to promote balanced and non-stereotyped portrayals of women by the media.
Increase women's participation in decision-making at all levels of the media.
Develop approaches and train experts to apply gender analysis with regard to media programmes.
Poverty and environmental degradation are closely interrelated. While poverty results in certain kinds of environmental stress, the major cause of the continued deterioration of the global environment is the unsustainable pattern of consumption and production, particularly in industrialized countries, which is a matter of grave concern, aggravating poverty and imbalances. Rising sealevels as a result of global warming cause a grave and immediate threat to people living in island countries and coastal areas. The use of ozone-depleting substances, such as products with chlorofluorocarbons, halons and methyl bromides (from which plastics and foams are made), are severely affecting the atmosphere, thus allowing excessive levels of harmful ultraviolet rays to reach the Earth's surface and having severe effects on the health of people such as higher rates of skin cancer, eye damage and weakened immune systems. They also have severe effects on the environment, including harm to crops and ocean life.
development, in order to decrease the disparities in standards of living and better meet the needs of the majority of the people of the world. Hurricanes, typhoons and other natural disasters and, in addition, the destruction of resources, violence, displacements and other effects associated with war, armed and other conflicts, the use and testing of nuclear weaponry, and foreign occupation can also contribute to environmental degradation. The deterioration of natural resources displaces communities, especially women, from income-generating activities while greatly adding to unremunerated work. In both urban and rural areas, environmental degradation results in negative effects on the health, well-being and quality of life of the population at large, especially girls and women of all ages. Particular attention and recognition should be given to the role and the special situation of women living in rural areas and those working in the agricultural sector, where access to training, land, natural and productive resources, credit, development programmes and cooperative structures can help them increase their participation in sustainable development. Environmental risks in the home and workplace may have a disproportionate impact on women's health because of women's different susceptibilities to the toxic effects of various chemicals. These risks to women's health are particularly high in urban areas, as well as in low-income areas where there is a high concentration of polluting industrial facilities.
Encourage social, economic, political and scientific institutions to address environmental degradation and the resulting impact on women.
Promote coordination within and among institutions to implement the Platform for Action and chapter 24 of Agenda 2 1.
Gender-biased educational processes, including curricula, educational materials and practices, teachers' attitudes and classroom interaction, reinforce existing gender inequalities. 262. Girls and adolescents may receive a variety of conflicting and confusing messages on their gender roles from their parents, teachers, peers and the media.
Existing discrimination against the girl child in her access to nutrition and physical and mental health services endangers her current and future health. An estimated 450 million adult women in developing countries are stunted as a result of childhood proteinenergy malnutrition. 267. The International Conference on Population and Development recognized, in paragraph 7.3 of the Programme of Action, 13/ that "full attention should be given to the promotion of mutually respectful and equitable gender relations and particularly to meeting the educational and service needs of adolescents to enable them to deal in a positive and responsible way with their sexuality", taking into account the rights of the child to access to information, privacy, confidentiality, respect and informed consent, as well as the responsibilities, rights and duties of parents and legal guardians to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the Convention on the Rights of the Child, and in conformity with the Convention on the Elimination of All Forms of Discrimination against Women. In all actions concerning children, the best interests of the child shall be a primary consideration. Support should be given to integral sexual education for young people with parental support and guidance that stresses the responsibility of males for their own sexuality and fertility and that help them exercise their responsibilities. 268.
19 give birth each year. Motherhood at a very young age entails complications during pregnancy and delivery and a risk of maternal death that is much greater than average. The children of young mothers have higher levels of morbidity and mortality. Early childbearing continues to be an impediment to improvements in the educational, economic and social status of women in all parts of the world. Overall, early marriage and early motherhood can severely curtail educational and employment opportunities and are likely to have a long-term adverse impact on their and their children's quality of life. 269. Sexual violence and sexually transmitted diseases, including HIV/AIDS, have a devastating effect on children's health, and girls are more vulnerable than boys to the consequences of unprotected and premature sexual relations. Girls often face pressures to engage in sexual activity. Due to such factors as their youth, social pressures, lack of protective laws, or failure to enforce laws, girls are more vulnerable to all kinds of violence, particularly sexual violence, including rape, sexual abuse, sexual exploitation, trafficking, possibly the sale of their organs and tissues, and forced labour. 270. The girl child with disabilities faces additional barriers and needs to be ensured non-discrimination and equal enjoyment of all human rights and fundamental freedoms in accordance with the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities.
Enact and strictly enforce laws to ensure that marriage is only entered into with the free and full consent of the intending spouses.
Ensure the disaggregation by sex and age of all data related to children in the health, education and other sectors in order to include a gender perspective in planning, implementation and monitoring of such programmes. 275.
Generate social support for the enforcement of laws on the minimum legal age for marriage, in particular by providing educational opportunities for girls. Strategic objective L.2. Eliminate negative cultural attitudes and practices against girls Actions to be taken 276.
Facilitate the equal provision of appropriate services and devices to girls with disabilities and provide their families with related support services, as appropriate.
Promote the full and equal participation of girls in extracurricular activities, such as sports, drama and cultural activities.
Strategic objective: L.5.
Take all the appropriate measures with a view to abolishing traditional practices prejudicial to the health of children, as stipulated in article 24 of the Convention on the Rights of the Child.
Use existing international labour standards, including, as appropriate, ILO standards for the protection of working children, to guide the formulation of national labour legislation and policies.
Strategic objective L.7.
Strategic objective L.9.
Educate and encourage parents and care givers to treat girls and boys equally and to ensure shared responsibilities between girls and boys in the family, as described in paragraph 30.
1996, should have developed their strategies or plans of action. This planning process should draw upon persons at the highest level of authority in Government and relevant actors in civil society. These implementation strategies should be comprehensive, have time-bound targets and benchmarks for monitoring, and include proposals for allocating or reallocating resources for implementation. Where necessary, the support of the international community could be enlisted, including resources.
Non-governmental organizations should be encouraged to contribute to the design and implementation of these strategies or national plans of action. They should also be encouraged to develop their own programmes to complement government efforts. Women's organizations and feminist groups, in collaboration with other non-governmental organizations, should be encouraged to organize networks, as necessary, and to advocate for and support the implementation of the Platform for Action by Governments and regional and international bodies.
Governments should commit themselves to gender balance, inter alia, through the creation of special mechanisms, in all government-appointed committees, boards and other relevant official bodies, as appropriate, as well as in all international bodies, institutions and organizations, notably by presenting and promoting more women candidates.
The regional commissions of the United Nations and other subregional/ regional structures should promote and assist the pertinent national institutions in monitoring and implementing the global Platform for Action within their mandates. This should be done in coordination with the implementation of the respective regional platforms or plans of action and in close collaboration with the Commission on the Status of Women, taking into account the need for a coordinated follow-up to United Nations conferences in the economic, social, human rights and related fields.
In order to facilitate the regional implementation, monitoring and evaluation process, the Economic and Social Council should consider reviewing the institutional capacity of the United Nations regional commissions within their mandates, including their women's units/focal points, to deal with gender issues in the light of the Platform for Action, as well as the regional platforms or plans for action. Consideration should be given, inter alia, and, where appropriate, to strengthening capacity in this respect.
Within their existing mandates and activities, the regional commissions should mainstream women's issues and gender perspectives and should also consider the establishment of mechanisms and processes to ensure the implementation and monitoring of both the Platform for Action and the regional plans and platforms for action. The regional commissions should, within their mandates, collaborate on gender issues with other regional intergovernmental organizations, non-governmental organizations, financial and research institutions and the private sector.
Regional offices of the specialized agencies of the United Nations system should, as appropriate, develop and publicize a plan of action for implementing the Platform for Action, including the identification of time-frames and resources. Technical assistance and operational activities at the regional level should establish well-identified targets for the advancement of women. To this end, regular coordination should be undertaken among United Nations bodies and agencies.
Non-governmental organizations within the region should be supported in their efforts to develop networks to coordinate advocacy and dissemination of information about the global Platform for Action and the respective regional platforms or plans of action.
The Economic and Social Council, in the context of its role under the Charter of the United Nations and in accordance with General Assembly resolutions 45/264, 46/235 and 48/162, would oversee system-wide coordination in the implementation of the Platform for ction and make recommendations in this regard. The Council should be invited to review the implementation of the Platform for Action, giving due consideration to the reports of the Commission on the Status of Women. As coordinating body, the Council should be invited to review the mandate of the Commission on the Status of Women, taking into account the need for effective coordination with other related commissions and Conference follow-up. The Council should incorporate gender issues into its discussion of all policy questions, giving due consideration to recommendations prepared by the Commission. It should consider dedicating at least one high level segment before the year 2000 to the advancement of women and implementation of the Platform for Action with the active involvement and participation, inter alia, of the specialized agencies, including the World Bank and IMF.
The Committee on the Elimination of Discrimination against Women, in implementing its responsibilities under the Convention on the Elimination of All Forms of Discrimination against Women, should, within its mandate, take into account the Platform for Action when considering the reports submitted by States parties.
States parties to the Convention on the Elimination of All Forms of Discrimination against Women are invited, when reporting under article 18 of the Convention, to include information on measures taken to implement the Platform for Action in order to facilitate the Committee on the Elimination of Discrimination against Women in monitoring effectively women's ability to enjoy the rights guaranteed by the Convention.
The ability of the Committee on the Elimination of Discrimination against Women to monitor implementation of the Convention should be strengthened throughthe provision of human and financial resources within the regular budget of the United Nations, including expert legal assistance and, in accordance with General Assembly resolution 49/164 and the decision made by the meeting of States parties to the Convention held in May 1995, sufficient meeting time for the Committee. The Committee should increase its coordination with other human rights treaty bodies, taking into account the recommendations in the Vienna Declaration and Programme of Action.
Within their mandate, other treaty bodies should also take due account of the implementation of the Platform for Action and ensure the integration of the equal status and human rights of women in their work.
The Secretary-General is requested to assume responsibility for coordination of policy within the United Nations for the implementation of the Platform for Action and for the mainstreaming of a system-wide gender perspective in all activities of the United Nations, taking into account the mandates of the bodies concerned. The Secretary-General should consider specific measures for ensuring effective coordination in the implementation of these objectives. To this end, the Secretary- General is invited to establish a high-level post in the office of the Secretary-General, using existing human and financial resources, to act as the Secretary-General's adviser on gender issues and to help ensure system-wide implementation of the Platform for Action in close cooperation with the Division for the Advancement of Women.
The various units of the United Nations Secretariat should examine their programmes to determine how they can best contribute to the coordinated implementation of the Platform for Action. Proposals for implementation of the Platform need to be reflected in the revision of the system- wide medium-term plan for the advancement of women for the period 1996-2001, as well as in the proposed United Nations medium-term plan for the period 1998-2002. The content of the actions will depend on the mandates of the bodies concerned.
Existing and new linkages should be developed throughout the Secretariat in order to ensure that the gender perspective is introduced as a central dimension in all activities of the Secretariat.
The Office of Human Resources Management should, in collaboration with programme managers worldwide, and in accordance with the strategic plan of action for the improvement of the status of women in the Secretariat (19952000), continue to accord priority to the recruitment and promotion of women in posts subject to geographical distribution, particularly in senior policy-level and decision-making posts, in order to achieve the goals set out in General Assembly resolutions 45/125 and 45/239 C and reaffirmed in General Assembly resolutions 46/100, 47/93, 48/106 and 49/167. The training service should design and conduct regular gender-sensitivity training or include gendersensitivity training in all of its activities.
The Department of Public Information should seek to integrate a gender perspective in its general information activities, and, within existing resources, strengthen and improve its programmes on women and the girl child. To this end, the Department should formulate a multimedia communications strategy to support the implementation of the Platform for Action, taking new technology fully into account. Regular outputs of the Department should promote the goals of the Platform, particularly in developing countries.
In addition, specialized agencies with mandates to provide technical assistance in developing countries, particularly in Africa and the least developed countries, should cooperate more to ensure the continuing promotion of the advancement of women.
Sufficient resources should be allocated to national machineries for the advancement of women as well as to all institutions, as appropriate, that can contribute to the implementation and monitoring of the Platform for Action.
Where national machineries for the advancement of women do not yet exist or where they have not yet been established on a permanent basis, Governments should strive to make available sufficient and continuing resources for such machineries.
To facilitate the implementation of the Platform for Action, Governments should reduce, as appropriate, excessive military expenditures and investments for arms production and acquisition, consistent with national security requirements.
Adequate financial resources should be committed at the international level for the implementation of the Platform for Action in the developing countries, particularly in Africa and the least developed countries. Strengthening national capacities in developing countries to implement the Platform for Action will require striving for the fulfilment of the agreed target of 0.7 per cent of the gross national product of developed countries for overall official development assistance as soon as possible, as well as increasing the share of funding for activities designed to implement the Platform for Action.
To improve the efficiency and effectiveness of the United Nations system in its efforts to promote the advancement of women and to enhance its capacity to further the objectives of the Platform for Action, there is a need to renew, reform and revitalize various parts of the United Nations system, especially the Division for the Advancement of Women of the United Nations Secretariat, as well as other units and subsidiary bodies that have a specific mandate to promote the advancement of women. In this regard, relevant governing bodies within the United Nations system are encouraged to give special consideration to the effective implementation of the Platform for Action and to review their policies, programmes, budgets and activities in order to achieve the most effective and efficient use of funds to this end. Allocation of additional resources from within the United Nations regular budget in order to implement the Platform for Action will also be necessary.
Trees are the lungs of mother Earth. There could not have been a better symbol to show our appreciation of Madiba s enduring vision selfless sacrifice, exemplary leadership and rich legacy than this tree planting ceremony.
These commitments represent Africa s roadmap to the Africa 2025 Water Vision as well as the 2015 Millennium Development Goals targets on water and sanitation.
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2010/07/29 class="MsoNormal">All media are informed that the Minister of Water and Environmental Affairs will today, Friday, 30 July, host the Executive Committee of the African Ministers' Council on Water (AMCOW). class="MsoNormal">AMCOW brings together ministers responsible for water from across the continent to share experiences and engage with the idea of strengthening Pan African cooperation on matters affecting delivery of water to all.
Ladies and gentlemen, colleagues, friends and all, greetings to you and all protocol observed.
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We are deeply committed to enhance his rich legacy; hence today we are also using this occasion to hand over a project sponsored by the South African Weather Service to refurbish the Highbury Junior Secondary School.
Weather radars are situated mostly towards the Eastern parts of South Africa, where severe weather is more frequently experienced.
2010/07/15 class="MsoNormal">Buyelwa Sonjica, the Minister of Water and Environmental Affairs will officially launch the new state of the art radar system in Mthatha, Eastern Cape on 16 July 2010.
B Sonjica on Auditor-Generals repor?
Ms Buyelwa Sonjica, Minister of Water and Environmental Affairs, has acknowledged the Auditor-General s report on his findings with regard to the activities of the suspended Director-General (DG) of the Department of Water Affairs, Ms Pam Yako, which report was tabled in Parliament yesterday. Minister Sonjica gave Ms Pam Yako special leave to allow for an unfettered process of investigation.
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Buyelwa Sonjica, Minister of Water and Environmental Affairs and eight MECs responsible for environmental affairs from Gauteng, North West, Eastern Cape, Mpumalanga, Limpopo, Northern Cape, Free State, Kwazulu-Natal and the Western Cape today, signed the grasslands declaration committing government to the conservation of grasslands biodiversity. The grasslands biome is one of the most threatened biomes in South Africa, with 30 percent irreversibly transformed and only 1.
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It is also a known fact that other than the acid mine drainage challenges; the Olifants Water Management Area is under stress on the availability of water, hence the DWA embarked on the Olifants River Water Resources Development Project, which is an initiative to ensure that water becomes available to the users in the Water Management Area.
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This speaks directly to the commitment of most municipalities and their sterling efforts at improving on their drinking water quality responsibilities.>Honourable members will be pleased to hear that in total thirty eight (38) water supply systems obtained the prestigious Blue Drop Award for the 2010 assessment cycle, which is a 40 percent improvement from 2009.
This was also evident through the role played by AMCEN in crafting and galvanising Africa s common negotiation position on climate change which was taken to the United Nations Framework on Climate Change Conference of Parties 15 (UNFCC CoP15).
We have an obligation to think creatively about security of water supply using cutting edge technology but we cannot do that at the expense of environmental integrity.>Water quality management for a healthy South Africa>Marking the World Water Day on 22 March 2010, the Bolivian President, Evo Morales, called on the United Nations to declare access to safe drinking water a basic human right.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=9398&tid=9415 Size: 24KB Speaker: B Sonjica Collection: speeches_cm?
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Liquor regulators in this country, particularly the National Liquor Authority, are conferred with a legislative mandate to regulate the liquor industry such that the socio-economic costs of alcohol abuse are reduced. The National Liquor Regulators' Forum, a body constituted by the National Liquor Authority of the dti and nine provincial liquor regulators have developed an education and awareness programme that aims to contribute to the reduction of the socio-economic costs of alcohol abuse.
URL: http://www.info.gov.za/speeches/2007/07082111151002.
URL: http://www.info.gov.za/speeches/2007/07082111451001.
URL: http://www.info.gov.za/speeches/2007/07082111151003.
This annual event is hosted in conjunction with the International Co-operatives Alliance and the International Labour Organisation.
URL: http://www.info.gov.za/speeches/2007/07070211151001.
URL: http://www.info.gov.za/speeches/2007/07040416151001.
URL: http://www.info.gov.za/speeches/2007/07033015151001.
Department of Trade and Industry to host the Women's Access to Finance Workshop You are kindly invited to attend a National Conference on Women's Access to Finance that will be held by the Department of Trade and Industry as follows: The Deputy Minister of Trade and Industry, Ms Elizabeth Thabethe will deliver a keynote address at the conference.
URL: http://www.info.gov.za/speeches/2007/07032716151002.
URL: http://www.info.gov.za/speeches/2006/06110912451002.
The Department of Trade and Industry (the dti) and the Industrial Development Corporation (IDC) will host the annual Support Programme for Industrial Innovation (SPII) Awards at the Tusk Mmabatho Hotel in Mmabatho, North West on 3 November 2006. Deputy Minister of the dti, Ms Elizabeth Thabethe will deliver the keynote address and receive the 2005/06 SPII annual report.
URL: http://www.info.gov.za/speeches/2006/06110110151001.
Z Mbeki and E Thabethe to lead delegation of businesswomen to Ghana, 23 25 Oc?
URL: http://www.info.gov.za/speeches/2006/06101713451002.
<fn>GOV-ZA.1996018En.2012-02-10.en.txt</fn>
To provide for the rationalisation and consolidation of certain statutes by the extension of the operation of certain laws to certain areas forming part of the national territory of the Republic of South Africa in substitution for certain other laws applied in those areas; to repeal such other laws; and to provide for matters connected therewith.
'Minister' means the Minister of Justice.
[Date of commencement of sub-para. (v) in so far as it applies to the extension of the Magistrates' Courts Act 32 of 1944: to be proclaimed.
Any reference to a particular law specified in Schedule I shall be construed as a reference to such law as it applied immediately before the commencement of this Act, including any amendment effected in its application by a competent authority.
The laws specified in Schedule II are hereby repealed to the extent indicated in the third column thereof.
[Date of commencement in so far as it applies to the repeal of the whole of Decree 4 (Ombudsman) of 1988 in the area of Transkei: 1 August 2000; the repeal of the whole of the Ombudsman Act 9 of 1986 and the Ombudsman Amendment Act 39 of 1991: 1 April 1999, in the area of Bophuthatswana; the repeal of ss. 14, 15, 18, 18A and 107 of the Magistrates' Courts Act 32 of 1944 in the area of Lebowa and the repeal of the whole of the Qwaqwa Ombudsman Act 6 of 1987 in the area of Qwaqwa: 1 August 2000.
The laws of the former Republic of South Africa specified in Schedule III are hereby amended to the extent indicated in the third column thereof.
Any reference to a provincial or local division of the Supreme Court of South Africa in any of the laws specified in Schedule I shall, in relation to an affected territory in which the Supreme Court Act, 1959 (Act 59 of 1959), does not apply, be deemed to be a reference to the Supreme Court or the General Division of the Supreme Court having jurisdiction in that territory.
Notwithstanding anything contained in section 2, sections 315 and 316 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall have no force or effect in the affected territory of Venda until the laws of that territory relating to appeals have been repealed or appropriately amended.
Section 20 of the Supreme Court Act, 1959, and the Rules regulating the conduct of the proceedings of the various Provincial and Local Divisions of the Supreme Court of South Africa (otherwise known as the Uniform Rules of Court), as amended from time to time, dealing with appeals to and from a full court shall, mutatis mutandis , apply to the General Division of the Supreme Courts of the former Transkei, Bophuthatswana and Ciskei.
Any district or regional division created, named or defined and any court established in any affected territory under section 2 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), or any other corresponding law, shall continue to exist and shall be deemed to have been created, named, defined or established by the Minister under section 2 of the Magistrates' Courts Act, 1944 (Act 32 of 1944).
Notwithstanding anything contained in this Act, section 29A of the Magistrates' Courts Act, 1944, shall be of no force or effect in any affected territory where the said section did not previously apply, until the laws of the said territory relating to traditional courts have been repealed or appropriately amended.
JUSTICE LAWS RATIONALISATION ACT 18 OF 1996 Page 3 of 60 said section did not previously apply, until the laws of such territory relating to traditional courts have been repealed or appropriately amended.
sections 3 and 4 of the Criminal Procedure Act, 1977, as applicable in the former Republics of Bophuthatswana, Venda and Ciskei, shall continue to apply in those territories until the application of the Attorney-General Act, 1992 (Act 92 of 1992), is extended to such territories.
Notwithstanding the provisions of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989 (Act 6 of 1989), or the coming into operation of the Constitution, any maintenance order registered in terms of section 4 of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989, or confirmed in terms of section 6 of that Act or under any corresponding law in force in any of the affected territories, shall continue to be in force, and shall be deemed to be a maintenance order made under section 16 (1) (a) (i) or (b) (i) of the Maintenance Act 1998, as the case may be, by the maintenance court where such order has been so registered or confirmed.
Any maintenance order, or other order related thereto, made in any affected territory under any law repealed by this Act, shall continue to be in force, and shall be deemed to have been made under a corresponding provision of the Maintenance Act, 1998.
[Sub-s. (2) substituted by s. 45 (1) of Act 99 of 1998.
Subsection (1) shall be deemed to have come into operation on 27 April 1994.
Subject to section 6 (2), nothing in this Act shall affect the continuing application, mutatis mutandis , of any rules of court made under any law until repealed or appropriately amended in terms of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985).
[Sub-s. (2) deleted by s. 6 (4) of Act 115 of 1998.
All regulations or other notices promulgated by the Minister under any of the laws specified in Schedule 1, shall apply in all affected territories where they did not previously apply, and shall apply throughout the national territory of the Republic, and all other regulations or other notices made by other functionaries under an Act repealed by this Act, and in operation in any affected territory shall, subject to section 11, be deemed to have been repealed.
whether such court has jurisdiction to dispose of a case where a prosecution in respect of such offence had been instituted prior to the commencement of this Act, the prosecuting authority or the court concerned shall, if it would prior to the commencement of this Act have had such authority, be deemed to have the authority to institute such a prosecution or to dispose of such a case, as the case may be: Provided that no such prosecution shall be instituted after the commencement of this Act without authority given in writing by the Attorney-General concerned after consultation with the prosecuting authority having jurisdiction in the other area where the offence was committed.
The laws extended by section 2 relating to procedure and evidence shall apply in any criminal proceedings instituted and conducted in terms of subsection (1): Provided that where a prosecution referred to in subsection (1) has been instituted prior to the commencement of this Act, the case shall be disposed of in terms of the laws applicable to the court concerned immediately before the commencement of this Act.
affect any appointment to any office made under any law repealed by this Act, if a corresponding law referred to in Schedule I also provides for such an appointment, and anything done in connection with or by virtue of any such appointment shall be deemed to have been done under such corresponding law.
When the operation of a law specified in Schedule I is made applicable to an affected territory by section 2 and a provision of such a law confers a power, jurisdiction or right, or imposes a duty or entrusts a function to the holder of an office, a body, an institution or any other authority appointed or established in terms of or under a law which has not been made applicable to such affected territory, such power, jurisdiction or right shall be exercised and such duty or function shall be performed by the holder of a corresponding office, or a corresponding body, institution or authority appointed or established for the purpose of exercising a corresponding power, jurisdiction or right, or performing a corresponding duty or function in terms of or under a law applicable to such affected territory.
[Sub-s. (2) added by s. 25 of Act 104 of 1996.
Any reference in a law specified in Schedule I to a duty, function, power, procedure, process, provision or any other act in terms of or under another law which, when the operation of the first-mentioned law is made applicable to an affected territory, has not been made applicable to such affected territory, shall be construed as a reference to a duty, function, power, procedure, process, provision or act in terms of or under a corresponding law applicable to such affected territory.
an accused had pleaded but judgment or sentence had not been passed.
[Sub-s. (3) added by s. 25 of Act 104 of 1996.
16 Repeals section 20 of the General Law Amendment Act 98 of 1965.
17 Repeals section 4 of the Justices of the Peace and Commissioners of Oaths Amendment Act 55 of 1970.
This Act shall be called the Justice Laws Rationalisation Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
different areas referred to in section 2 (1).
[Schedule II amended by s. 21 of Act 34 of 1998.
[Date of commencement of repeal of Decree 4 of 1988: 1 August 2000.
[Date of commencement of repeal of Act 9 of 1986: 1 April 1999.
[Date of commencement of repeal of Act 6 of 1987: 1 August 2000.
of the words 'an order under section 60 of the Children's Act, 1960, is rescinded, or if'.
Amendment of section 36 by the substitution for the expression 'section thirteen of the Stock Theft Act, 1923 (Act 26 of 1923)' of the expression 'section one of the Stock Theft Act, 1959 (Act 57 of 1959)'.
Theft Act, 1959'.
'"State Attorney" means the officer appointed under paragraph (a) of subsection (1) of section two of the State Attorney Act, 1957 (Act 56 of 1957).'.
Amendment of section 16 by the substitution in subsection (2) for the expression 'the penalties mentioned in section fifteen ' of the expression 'a fine or imprisonment for a period not exceeding five years or to both such a fine and such imprisonment'.
Amendment of section 3 by the substitution for the expression 'Motor Vehicle Insurance Act, 1942 (Act 29 of 1942)' of the expression 'Motor Vehicle Accidents Act, 1986 (Act 84 of 1986)'.
Act, 1959' of the expression 'Correctional Services Act, 1959'.
for the expression 'prison service' of the expression 'the Department of Correctional Services'.
If any provision of the Credit Agreements Act, 1980, is, in terms of the said Act or any notice issued under the said Act, applicable to any credit transaction, the provisions of this Act shall not apply to such credit transaction in so far as they are in conflict with the provision in question.'.
Amendment of section 2 by the deletion in subsection (2) of the words 'the furnishing of information in contravention of the provisions of section 2 of the Second General Law Amendment Act, 1974, or is'.
Any power to make rules for any court of law, shall be deemed to include the power to make rules for giving effect to the provisions of sections two and three of this Act in the Republic.'.
The Republic of Transkei; The Republic of Bophuthatswana; The Republic of Venda; and The Republic of Ciskei.
by the substitution in subsection (3) for the expression 'section three hundred and thirty-seven' of the expression 'section 288'.
by the substitution in subsection (3) for the expression 'a division contemplated in section 1 of the Electoral Act, 1979' of the expression 'the National Assembly, the Senate or a provincial legislature contemplated in the Electoral Act, 1993'.
' Chief of the South African National Defence Force and Commissioned Officer of the Permanent Force of the South African National Defence Force.'
by the deletion of the eleventh and twelfth items.
Act 16 of 1965 Prevention of Counterfeiting of Currency Act, 1965 (a) Amendment of section 1 by the substitution in the definition of 'bank note' for the expression 'section ten of the South African Reserve Bank Act, 1944 (Act 29 of 1944)' of the expression 'section fourteen of the South African Reserve Bank Act, 1989 (Act 90 of 1989)'.
Amendment of section 4 by the substitution in subsection (1) for the expression 'Secretary of Foreign Affairs' of the expression 'Director-General: Foreign Affairs'.
10A Status of certain marriages.
Any customary marriage or customary union, concluded under the indigenous law and custom of any of the indigenous peoples of the Republic of South Africa or any marriage concluded under any system of religious law, shall be regarded as a valid marriage for the purposes of the law of evidence.
by the substitution in the definition of 'soldier' in subsection (3) for the expression 'South African Defence Force' of the expression 'South African National Defence Force'.
Amendment of section 16 by the substitution in subsection (3) for the expression 'Prisons Act, 1959' of the expression 'Correctional Services Act, 1959'.
for the expression ' section 8 of the Workmen's Compensation Act, 1941 (Act 30 of 1941)' of the expression ' section 36 of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act 130 of 1993)'.
Amendment of section 8 by the substitution in subsection (1) for the expression 'Public Service Act, 1957 (Act 54 of 1957)' of the expression 'Public Service Act, 1994 (Proclamation 103 of 1994)'.
Amendment of section 9 by the substitution in paragraph (b) of subsection (1) for the expression 'Public Service Act, 1957 (Act 54 of 1957)' of the expression 'Public Service Act, 1994 (Proclamation 103 of 1994)'.
Amendment of the Act by the substitution for the expression 'State President' wherever it occurs of the expression 'President'.
Act 94 of 1974 Second General Law Amendment Act, 1974 Repeal of section 3.
Act 51 of 1977 Criminal Procedure Act, 1977 (a) Amendment of section 1 by the substitution in the definition of 'peace officer' for the words 'member of the prisons service as defined in section 1 of the Prisons Act, 1959' of the words 'correctional official as defined in section 1 of the Correctional Services Act, 1959'.
Amendment of section 40 by the substitution in paragraph (m) of subsection (1) for the expression 'South African Defence Force' of the expression 'South African National Defence Force'.
Amendment of section 60 by the substitution in subsection (1) for the expression 'prisons service' of the expression 'Department of Correctional Services'.
'(2) For the purposes of the law of evidence in criminal proceedings, "marriage" shall include a customary marriage or customary union concluded under the indigenous law and custom of any of the indigenous peoples of the Republic of South Africa or any marriage concluded under any system of religious law.'.
Amendment of section 250 by the substitution in paragraph (a) of subsection (2) for the expression 'State Revenue Fund' of the expression 'National Revenue Fund'.
Amendment of section 279 by the substitution in subsections (2) and (3) for the expression 'Prisons Act, 1959' of the expression 'Correctional Services Act, 1959'.
Amendment of section 297 by the substitution in item (ee) of subparagraph (i) of paragraph (a) of subsection (1) for the expression 'Children's Act, 1960 (Act 33 of 1960)' of the expression 'Probation Services Act, 1991 (Act 116 of 1991)'.
Amendment of section 307 by the substitution in paragraph (b) of subsection (2) for the expression 'prisons service' of the expression 'Department of Correctional Services'.
Amendment of section 341 by the substitution in subparagraph (ii) of paragraph (e) of subsection (2) for the expression 'Rural Coloured Areas Law, 1979 (Law 1 of 1979), of the Coloured Persons Representative Council of the Republic of South Africa' of the expression 'Rural Areas Act (House of Representatives), 1987 (Act 9 of 1987)'.
by the substitution for the expression 'President's patient' wherever it occurs in the said section of the expression 'State patient'.
by the deletion in paragraph (b) of subsection (2) of the words 'or the South African Railway Police Force'.
by the deletion of the words 'or the South African Railway Police Force' wherever it occurs in the said section.
Amendment of section 14 by the substitution for the expression 'State President' of the expression 'President'.
Act 61 of 1984 Small Claims Courts Act, 1984 Amendment of section 9 by the addition at the end of paragraph (c) of subsection (2) of the following words: 'read with section 10 of the Magistrates Act, 1993 (Act 90 of 1993)'.
Act 88 of 1984 Matrimonial Property Act, 1984 Amendment of section 1 by the substitution in the definition of 'listed securities' for the expression 'Stock Exchanges Control Act, 1947 (Act 7 of 1947)' of the expression 'Stock Exchanges Control Act, 1985 (Act 1 of 1985)'.
Act 107 of 1985 Rules Board for Courts of Law Act, 1985 Amendment of section 8 by the substitution in subsection (2) for the expression 'Public Service Act, 1984 (Act 111 of 1984)' of the expression 'Public Service Act, 1994 (Proclamation 103 of 1994)'.
'(4) For the purposes of this section "indigenous law" means the law or custom as applied by the Black tribes in the Republic.'.
Act 57 of 1988 Trust Property Control Act, 1988 Amendment of section 20 by the substitution in paragraph (d) of subsection (2) for the expression 'President's patient' of the expression 'State patient'.
Act 103 of 1991 Short Process Courts and Mediation in Certain Civil Cases Act, 1991 Amendment of section 7 by the addition at the end of paragraph (c) of the following words: 'read with section 10 of the Magistrates Act, 1993 (Act 90 of 1993)'.
Amendment of section 2 by the substitution in paragraph (a) of subsection (2) for the expression 'Administrator' of the expression 'Premier'.
of the definition of 'responsible authority' of the words 'an Administration of'.
by the substitution in subsection (2) for the expressions 'State Revenue Fund' and 'State Revenue Account' of the expressions 'National Revenue Fund' and 'National Revenue Account', respectively.
Amendment of the said Act by the substitution for the expressions 'administrator' and 'an administrator' wherever they occur in the said Act of the expressions 'Premier' and 'a Premier', respectively.
Repeal of section 12.
Amendment of section 1 by the deletion of the definition of 'Republic'.
National Defence Force'.
South African Police Service to grant such approval;'.
Telecommunications' of the expression 'Minister for Posts, Telecommunications and Broadcasting'.
by the substitution for the expression 'South African Defence Force' wherever it occurs of the expression 'South African National Defence Force'.
Amendment of section 4 by the substitution in subparagraph (iii) for the expression 'Director-General: National Health and Population Development' of the expression 'Director-General: Welfare'.
Amendment of section 5 by the substitution in subparagraph (ii) for the expression 'Director-General: National Health and Population Development' of the expression 'Director-General: Welfare'.
Amendment of section 8 by the substitution for the expression 'South African Police' of the expression 'South African Police Service'.
Amendment of section 12 by the substitution in paragraph (a) of subsection (1) for the expression 'Commission for Administration' of the expression 'Public Service Commission'.
Amendment of section 13 by the substitution in item (bb) of subparagraph (ii) of paragraph (c) of subsection (5) for the expression 'section 15 (4) of the Public Service Act, 1984 (Act 111 of 1984)' of the expression 'section 16 (4) of the Public Service Act, 1994 (Proclamation 103 of 1994)'.
6 Substitution of section 9 of Act 32 of 1944 , as substituted by section 2 of Act 8 of 1967 and amended by section 4 of Act 53 of 1970 , section 8 of Act 102 of 1972 , section 11 of Act 29 of 1974 , section 24 of Act 94 of 1974 , section 1 of Act 28 of 1981 , section 2 of Act 34 of 1986 and section 17 of the Magistrates Act of 1993.
JUSTICE LAWS RATIONALISATION ACT 18 OF 1996 Page 58 of 60 family division, respectively.
The Minister may, with due regard to the circumstances and the extent of judicial functions in a particular district for which a magistrates' court and a civil court have been established, appoint a judicial officer as magistrate, additional magistrate or assistant magistrate and civil magistrate for that district, and in any such case any such person shall possess the powers and jurisdiction and perform the duties connected to both such offices: Provided that a magistrate, additional magistrate or assistant magistrate who presided at criminal proceedings from which a civil action arises in a civil court and in which the same parties are involved, shall not preside in that court in respect of that action unless the parties agree thereto.
or has passed an examination referred to in that section.
or (4): Provided that the provisions of section 9 quat (4) shall not apply to any such person who is subject to the laws governing the public service.'.
for the expressions "messenger" and "Consolidated Revenue Fund" of the expressions "sheriff" and "National Revenue Fund", respectively; and'.
JUSTICE LAWS RATIONALISATION ACT 18 OF 1996 Page 60 of 60 of the sheriff or any other person acting on his or her behalf in respect of which attachment has been withdrawn or which is released from attachment and in respect of which the owner or person from whose possession the property has been removed, cannot be traced, and which cannot be disposed of in terms of this Act, shall be sold by the sheriff by public auction, and the proceeds of the sale shall, after deduction of the sheriff's costs, be paid into the National Revenue Fund: Provided that such sale shall not take place unless such property has remained unclaimed for a period of fourteen days after the sheriff has published, in one English and one Afrikaans newspaper circulating in the district where the last known address of the judgment debtor is situate, a notice containing the name of the judgment debtor and a description of the property and stating the intention to sell such property if it is not claimed within the period specified therein.
The proceeds of a sale paid into the National Revenue Fund in terms of this section, shall be refunded out of accruing revenue to any person who satisfies a civil magistrate of the district in which the sale took place that he or she would have been entitled to receive the property referred to in this section after the attachment thereof had been withdrawn or the property had been released from attachment.'.
<fn>GOV-ZA.1996019En.2012-02-10.en.txt</fn>
To provide for the establishment, constitution, objects and functions of a National Youth Commission; and to provide for matters connected therewith.
'youth' means persons between the ages of 14 and 35.
There is hereby established a commission, to be known as the National Youth Commission, with the powers and duties conferred on or assigned to it by or under this Act or any other law.
to develop recommendations relating to any other matters which may affect the youth.
the publication of a shortlist of candidates for appointment.
[Sub-s. (1) substituted by s. 1 (a) of Act 19 of 2000.
The Commissioners shall, when viewed collectively, represent a broad crosssection of the youth of the Republic and show a balance between the attributes of youthfulness and experience.
The President shall designate two of the persons referred to in subsection (1) as chairperson and deputy chairperson of the Commission, respectively, and when the chairperson is not available the deputy chairperson shall perform the functions entrusted to the chairperson by or under this Act or any other law.
[Sub-s. (3) substituted by s. 1 (b) of Act 19 of 2000.
The members of the Commission shall hold office for such fixed term as the President may determine at the time of their appointment, but not exceeding five years: Provided that the President may remove any member from office at any time after consultation with the Commission if, in his or her opinion, there are sound reasons for doing so.
Any person whose term of office as a member of the Commission has expired, may be reappointed.
A member of the Commission may resign from office by submitting at least three months' prior written notice to the President.
The Commission shall establish a strategic task group consisting of one or more members of the Commission designated by the Commission and, if necessary, one or more other persons whom the Commission may appoint for that purpose and for the period determined by it, to ensure the implementation of the national youth policy.
In addition, the Commission may establish one or more committees consisting of one or more members of the Commission designated by the Commission and, if necessary, one or more other persons whom the Commission may appoint for that purpose and for the period determined by it.
The Commission may extend the period of an appointment made by it under subsection (1) or (2) or withdraw any such appointment during a period contemplated in such subsection.
The Commission shall designate a chairperson and, if it deems it necessary, a deputy chairperson, for the strategic task group and for every committee.
On completion of the functions assigned to it in terms of subsection (5), a committee shall submit a written report thereon to the Commission, whereupon the committee shall dissolve.
The Commission may at any time dissolve the strategic task group or any committee.
The provisions of section 10 (1) to (5) shall, where applicable, apply mutatis mutandis to a meeting of the strategic task group or a committee and for that purpose a reference therein to 'the Commission' shall be construed as a reference to 'the strategic task group' or 'a committee', as the case may be, and a reference therein to 'the President' shall be construed as a reference to 'the Commission'.
The Commission may, at any time, approach either the President or Parliament with regard to any matter relating to the exercising of its powers or the performance of its duties or the carrying out of its functions.
the chairperson of the Commission shall submit a copy of the minutes of every meeting of the Commission to the chairpersons of the provincial youth commissions and to every Member of the Executive Council contemplated in paragraph (a).
[S. 7A inserted by s. 2 of Act 19 of 2000.
conduct or cause to be conducted such research as it may deem necessary to achieve its objects.
All organs of state and of the provinces shall afford the Commission such assistance as may be reasonably required for the effective exercise of its powers, performance of its duties and carrying out of its functions.
the principle of equal representation of the genders on administrative and other bodies.
when a member's resignation, submitted in accordance with section 5 (3), takes effect.
be filled as soon as practicable in accordance with section 4, and any member so designated shall, where applicable, hold office for the unexpired portion of his or her predecessor's term of office.
Meetings of the Commission shall be held at the times and places determined by the Commission: Provided that the first meeting shall be held at the time and place determined by the President: Provided further that the Commission shall meet at least four times in every year.
If the Chairperson is absent from a meeting of the Commission, the Deputy Chairperson shall act as chairperson, and if both the Chairperson and Deputy Chairperson are absent from a meeting of the Commission, the members present shall elect one from among their number to preside at that meeting.
The decision of the majority of the members present at a meeting of the Commission shall be the decision of the Commission, and in the event of an equality of votes concerning any matter, the member presiding shall have a casting vote in addition to his or her deliberative vote.
The Commission shall determine its own procedure and shall cause minutes to be kept of its proceedings.
The remuneration, allowance and other terms and conditions of office and service benefits of the members of the Commission shall be determined by the President in consultation with the Minister of Finance.
[Sub-s. (1) substituted by s. 3 (a) of Act 19 of 2000.
[Sub-s. (2) deleted by s. 3 (b) of Act 19 of 2000.
Any member of a committee who is not in the full-time service of the State or a province, may be paid such remuneration as the President may determine in consultation with the Minister of Finance.
The Commission shall report to the President at least once every year on its activities, and the President shall cause such report to be tabled promptly in the National Assembly and the Senate.
In addition to the report contemplated in subsection (1), the Commission shall submit to the President quarterly reports on its findings in respect of functions and investigations which were performed or conducted by it during that quarter: Provided that the Commission may, at any time, submit a report to the President if it deems it necessary.
shall for those purposes be accountable to the Commission.
The records referred to in subsection (1) (d) (ii) shall be audited by the Auditor-General.
The Secretary of the Commission shall be appointed on such terms and conditions and shall receive such remuneration, allowances and other service benefits as the Commission may determine in accordance with the regulations under section 14.
The other staff of the Commission shall be appointed on such terms and conditions and shall receive such remuneration, allowances and other service benefits as the Secretary may determine in accordance with the regulations under section 14.
The Commission may, in consultation with the Minister of Finance, in the exercise of its powers or the performance of its duties and functions by or under this Act, for specific projects, enter into contracts for the services of persons having technical or specialised knowledge of any matter relating to the work of the Commission and determine the remuneration, including reimbursement for travelling, subsistence and other expenses, of such persons.
[Para. (b) substituted by s. 35 (1) of Act 47 of 1997.
Any regulation under this section relating to state expenditure, shall be made in consultation with the Minister of Finance.
This Act shall be called the National Youth Commission Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
To amend the National Youth Commission Act, 1996, so as to further regulate the constitution of the National Youth Commission; and to regulate the relationship between that Commission and provinces; and to provide for matters connected therewith.
Amends section 4 of the National Youth Commission Act 19 of 1996 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (3).
2 Inserts section 7A in the National Youth Commission Act 19 of 1996.
3 Amends section 11 of the National Youth Commission Act, as follows: paragraph (a) substitutes subsection (1); and paragraph (b) deletes subsection (2).
This Act is called the National Youth Commission Amendment Act, 2000, and commences on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.1996020En.2012-02-10.en.txt</fn>
To amend the Legal Aid Act, 1969, so as to amplify the objects and powers of the Legal Aid Board; to make provision for a Legal Aid Guide; to determine guidelines for granting legal aid; and to provide for the appointment of additional members to the Legal Aid Board; to provide that the Legal Aid Act, 1969, shall apply throughout the Republic; to repeal corresponding laws in the former independent states; and to provide for matters connected therewith.
1 Amends section 3 of the Legal Aid Act 22 of 1969 , as follows: paragraph (a) substitutes the words preceding paragraph (a) (date of commencement: 17 October 1997); and paragraph (b) inserts paragraph (d A) (date of commencement: 1 May 2002).
2 Inserts sections 3A and 3B in the Legal Aid Act 22 of 1969 . [Date of commencement of s. 2: 1 May 2002.
3 Amends section 4 (1) of the Legal Aid Act 22 of 1969 by adding paragraph (g).
4 Amends section 5 of the Legal Aid Act 22 of 1969 by substituting subsection (2).
5 Amends section 6 of the Legal Aid Act 22 of 1969 by substituting subsection (1).
The Legal Aid Act, 1969, shall apply throughout the Republic.
[Date of commencement of s. 6: 1 April 1998.
The laws referred to in the Schedule are hereby repealed to the extent indicated in the third column thereof.
Any person on the fixed establishment of a Legal Aid Board established in terms of a law repealed by subsection (1) shall, without interruption of service, on the date of commencement of this Act, and subject to the conditions of employment and remuneration approved by the Minister of Justice in terms of section 8 of the principal Act, become an employee of the Legal Aid Board established by section 2 of the principal Act: Provided that the Board may recommend to the Minister concerned that a person retain in full or in part a particular term or condition of employment that is more favourable than any term or condition of employment determined in terms of section 8, if there are special circumstances which justify such retention: Provided further that any such retention of a more favourable term or condition of employment shall not continue for more than 12 months after the date of such recommendation.
LEGAL AID AMENDMENT ACT 20 OF 1996 Page 2 of 2 it shall be determined by the Minister of Justice.
All assets, including funds and administrative records, rights, duties and liabilities which immediately prior to the commencement of this Act vested in a Legal Aid Board established in terms of a law repealed by subsection (1) shall, on the date of commencement of this Act, devolve upon the Legal Aid Board established by section 2 of the principal Act.
[Date of commencement of s. 7: 1 April 1998.
This Act shall be called the Legal Aid Amendment Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
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The many outstanding achievements by South Africans in team and individual sport events stand out among the highlights of the past year. In celebrating these accomplishments, one sometimes forgets the prerequisites for success. These include self discipline, sacrifice, fitness, skills, training, playing to the rules of the game and good strategic planning. A successful budget outcome and the effectiveness of government as a participant in the economy depend on a broadly similar approach. But, unlike in sport where the rules of the game, the referee and the playing field are predetermined, government not only participates or competes in the economy by supplying and purchasing goods and services; it also lays down many of the rules through legislation and regulations and it acts as a referee. Often government also acts as a groundsman levelling the playing field for all participants, making sure that spectators can see the game and also policing the behaviour of the crowd. Being a good government requires practice.
The majority of government actions have financial effects and are reflected in the government's budget, which in turn reflects government's involvement in the economy and in society in general. Accordingly, the budget must show how all the activities of government fit together in a sustainable and affordable way.
In achieving a successful transition to an economically sound, open, democratic dispensation each budget of the Government of National Unity will have to achieve certain objectives. These objectives are concerned with the unfolding and implementation of policy and dealing with major institutional reforms associated with our democratisation and Constitutional changes.
The 1996/97 Budget seeks both to consolidate and build on the achievements of the 1994/95 and 1995/1996 Budgets and to lay a firm base for significant budgetary reforms, many of which will only unfold in the 1997/98 Budget and beyond.
A brief review of the two budgets previously presented by the Government of National Unity serves to locate this year's budget. Firstly, in addressing macro policy objectives the previous two budgets sought to reduce the deficit, contain non-interest recurrent expenditure, improve expenditure efficiency, avoid permanent increases in the overall tax burden, maintain price stability and reduce government dissaving. The 1996/97 Budget will reinforce this policy package.
On the revenue side of the previous Budget, we addressed gender discrimination and certain important areas of tax evasion and the once-off transition levy was removed. In the 1996/97 Budget we address two other major structural problems, namely the tax dispensation of the retirement industry and tax administration. In 1997/98 we will see further implementation of the proposals resulting from the Katz Commission and the Smith Committee and fundamental changes in respect of intergovernmental revenue sharing in accordance with the Constitution.
On the expenditure side, 1994/95 initiated a reprioritisation process through the establishment of the Reconstruction and Development Programme (RDP) Fund. In 1995/96 a major housekeeping exercise was completed as the various expenditure votes were reorganised to reflect the new Constitutional dispensation and reprioritisation was taken further. This year we will complete and tidy up the housekeeping process and the new Provincial Treasuries will begin to play an active role in determining and controlling expenditure at provincial level. In addition, Government will make a start with addressing the uncompetitive salaries of the professional and specialist classes, as well as the rightsizing of the civil service.
In 1997/98 we will see the inception of multi-year fiscal planning reflecting the implementation of more rigorous standards of accountability.
What did the Government of National Unity achieve in the 1995/96 Budget?
In what economic climate is the government presently functioning?
What policy and operational issues need to be attended to?
How do we intend to tackle these issues in 1996/97?
Today's Budget should provide some answers to these questions. Let us begin with a review of the 1995/96 Budget.
In comparing the 1995/96 and 1996/97 Budgets in more detail a good starting point is an analysis of the trend in the budget deficit. The practice of rolling over unspent funds from one fiscal year to another under certain conditions complicates this analysis. The revised estimated budget deficit for 1995/96 of 6,0 per cent of GDP is based on the premise that the roll-overs of unspent funds to 1996/97 will equal those of the previous financial year. Full details of the revised 1995/96 Budget estimates were given when the Adjustments Estimate was tabled in Parliament during February 1996.
the estimated expenditure level is R157,4 billion -R4,1 billion higher than the original budget estimate; while total revenue and grants are now estimated at R127,3 billion, which exceeds the budgeted amount by R3,1 billion.
The steady reduction in the budget deficit achieved in the past two years is even more remarkable when viewed against the additional expenditure demands of the democratisation process. It is an achievement of which we are justifiably proud. Reducing the deficit in a responsible manner remains an important policy goal of the Government of National Unity.
Against this background it is necessary to take cognisance of the present economic conditions and prospects for the year ahead in order to determine what the appropriate budget strategy for 1996/97 should be.
The economic recovery which started in the third quarter of 1993 is continuing and the 1995 growth rate of 3 per cent was the highest since 1988. This rate was achieved despite setbacks which affected the agricultural and mining sectors. In contrast, the manufacturing sector experienced strong domestic and international demand. The outstanding feature of the recovery has been the strong growth in real gross domestic fixed investment. Private sector companies are showing high levels of confidence and have added significantly to their productive capacity. In 1996 aggregate domestic expenditure is expected to strengthen and, combined with improved agricultural conditions and sustained export increases, a growth rate of between 3 and 4 per cent is expected for this financial year.
Growth in employment picked up about a year after the cyclical upswing. In the year up to the middle of 1995, the first year since the low point in the employment cycle, only 55 000 new jobs were created in the formal sector of the economy outside of agriculture. This growth failed to match the rate at which the economically active population is growing - a matter to which I shall return.
Over the past few years the rate of inflation has been declining. The consumer price inflation rate of 8,7 per cent for 1995 was the lowest since 1972. Counter-inflationary policies will be maintained in 1996.
The deficit on the current account of the balance of payments weakened to R12,7 billion or 2,6 per cent of GDP in 1995. This was partly due to an increase of 29 per cent in the value of imports arising from the surge in domestic expenditure in response to the economic upswing. This rise more than compensated for the continued strong growth in exports, the value of which increased by 24 per cent. An encouraging feature of the export performance was the strong growth of nontraditional exports in the manufactured goods category.
The current account deficit was more than fully funded by a strong inflow of foreign capital resulting in an increase of R9,1 billion in net gold and other foreign reserves. Despite this improvement in the overall balance of payments, the level of gross reserves at the end of the year was only equal to about 7 weeks of imports, a figure that remains low, yet represents an improvement on last year.
The exchange rate of the rand remained relatively stable during 1995 and by the end of December 1995 the real exchange value was estimated to be about 1 per cent stronger than a year earlier. During February 1996 the rand experienced increased volatility as speculators reacted to unfounded rumours. The effective exchange rate of the rand depreciated relatively sharply during the last two weeks of February, to neutralise an appreciation in the value of the rand that took place from May 1995 to the middle of February 1996. The Reserve Bank will continue to intervene to support orderly conditions in the market, but cannot fix the exchange rate in a global regime of a floating exchange rate system.
Having reflected on the successful budget outcome of 1995/96 and taken stock of the economic environment and prospects for the coming financial year, we now turn our attention to various policy and operational issues as well as associated problem areas.
The first two years of the Government of National Unity have been an economic success. The macro fundamentals have improved and have combined in a more favourable configuration than during previous upturns in the economy. However, there is no place for complacency.
Recent events in the foreign exchange markets show just how quickly the markets react to perceived or real changes in both internal and external policy and macroeconomic fundamentals. The volatility in the foreign exchange markets has served as a reminder of the discipline imposed by the international economy on a small open economy like ours. More importantly, it is generally accepted that an average growth rate of approximately 3 per cent per annum will not lead to a sustainable transformation of the economy or broader society.
We acknowledge that to address the many backlogs we need to go significantly further. A 6 per cent growth rate, with clear and focused development programmes, about 500 000 new jobs per year and better wealth distribution are important targets. A necessary, if not sufficient, condition to achieve these goals is sound macroeconomic management. However, to achieve a 6 per cent growth rate macroeconomic policies have to be supported by trade and other sectoral and micro reforms. Government is currently engaged in a thorough process to elaborate, coordinate, review and ensure the implementation of the Reconstruction and Development Programme in a manner that generates growth and development capable of attaining our objectives.
This strategy is being subjected to wide consultation in government, but will also enjoy the advantage of dialogue within the National Economic Development and Labour Council or NEDLAC and the active inputs and participation of all stakeholders, including business, labour and multilateral organisations.
It is clearly not possible to reflect fully the scope and complexity of the work and process currently underway. We focus here on a number of crucial issues.
A key pillar of the Growth and Development Strategy is employment creation. Sustainable growth and development can only be achieved through the creation of jobs. Access to formal wage-earning opportunities takes households out of poverty, gives women and men a stake in the economy and eases the pressure on the fiscus to provide relief. Among the poorest 40 per cent of households, nearly 50 per cent of workseekers are unable to find employment. There are, moreover, racial, spatial, age and gender dimensions to the pattern of unemployment in South Africa. We must address the reality that most of the unemployed are black, many are women, many are young, many are in the rural areas. A strong developmental approach which creates jobs must be at the centre of both social and economic policy. Job creation remains South Africa's biggest challenge.
The economy has performed poorly with respect to employment creation: indeed this is a structural problem that cannot be addressed through conventional economic growth alone. Consequently, employment creation poses one of the most fundamental policy challenges. To address it, we need a better understanding of the labour market. For example, in the formal employment sector we need to understand the consequences of increased sub-contracting, self-employment and more flexible working arrangements. Unless we do, government will not know the actual changes in income generating employment or the wage elasticity of employment.
Similarly, we need to get a better understanding of the informal sector. One of the problems of unrecorded economic activity is that we do not know its income effects and it is difficult to monitor changes in the position of those involved in it. The links between formal sector employment and real income changes and the activities of the informal sector need to be better researched. The Labour Market Commission and the issues raised by the Green Paper on Policy Proposals for a New Employment Standards Statute will assist greatly in taking this analysis forward.
We expect improved employment numbers in the last part of 1995 and in 1996 as unutilised capacity is taken up and fixed investment continues to improve. However, the overriding reason for better coordination of the strategy of government is to maximise the complementarity of macro, trade and industry, infrastructure, human resource, labour market and spatial policies that have been developed.
A fundamental objective of the Government is to combine growth and development. Addressing poverty, unemployment and low living standards as speedily as possible, while also promoting growth and competitiveness is key to achieving this objective. Targeted programmes such as school feeding, free health care for children and pregnant mothers and labour-based construction projects have been implemented with a high degree of success. Yet, given the magnitude of the problems, legitimate expectations of improving conditions must be addressed by government actions.
Accordingly, Government gave careful attention to allocating further resources to targeted poverty relief. This would have required sacrifices elsewhere. Careful analysis of the Budget shows that very substantial resources have been shifted to primary health care, education, housing, welfare, rural and urban development and the provision of water. In all these areas delivery capacity is improving. In view of these developments it was decided to place emphasis on improved delivery rather than additional resources that may simply be rolled over.
One of the more contentious debates in South Africa has been around the use of the tax system for poverty relief. The zero-rating of value-added tax on various basic food items is a case in point. This tax exemption is expected to cost the fiscus some R3,3 billion in 1996/97, which could be more effectively utilised in targeted poverty relief measures. Government accepts that VAT is an efficient tax and that zero-rating and exemptions should be kept to a minimum to enhance this efficiency. VAT also causes relatively few economic distortions. However, it is a regressive tax that impacts relatively more on the poor, creating the need for compensatory measures on the expenditure side. The government has decided to retain the present VAT dispensation in this Budget, a decision that has been facilitated by the expected benefits flowing from improved cash management and improved tax collections - aspects to which I shall return later. At the same time, discussions with all stakeholders within NEDLAC will continue to evaluate the equity of the tax structure and the efficacy of expenditure in addressing socio-economic development.
An area in which we are presently particularly vulnerable is crime. The government is firmly committed to strengthening crime prevention and the administration of justice, particularly in those areas in which violence and fear have come to dominate people's lives. This position was forcefully and convincingly argued by the President in his Address to Parliament last month.
It is tempting for a government to throw money at those causes that will win it popular support. Therefore one needs discipline to allocate funds on emotional issues in a just and appropriate manner. We think we have kept a cool head and done careful work with Safety and Security to optimise their resource utilisation and to integrate their budgeting into the Policing Plan they will present. We are confident that adequate resources have been made available and will be used effectively. It should particularly be borne in mind that the allocation for Safety and Security does not include improvements in conditions of service from which they will also benefit more during this year than last.
South Africa's reacceptance into the international community has made it possible to pursue outward-oriented policies with the goal of increased international competitiveness. This necessitates a meaningful change in the trade and industrial policy support measures.
The challenge facing Government is to effect strategic restructuring actions, increase investment and introduce more focused strategies. Government, business and labour will have to collaborate fully in this process.
The limited domestic market and increased competition as a result of the phasing out of import tariffs on many products necessitate a fundamental shift towards competitiveness and export growth of manufactured goods.
The Department of Trade and Industry will develop and facilitate policies and strategies in manufacturing subsectors aimed at promoting growth, development, competitiveness and job creation. In conjunction with business and labour, the Department is also creating an environment that will assist the manufacturing sector in achieving these aims. Areas of focus include support measures in respect of training, investment, exports, preferential market access, technology, work organisation, productivity and small business development.
Instead of artificially lowering the prices of South African products through the General Export Incentive Scheme (which will be terminated at the end of 1997) and promoting industrial development through excessively high import tariffs and import controls, the policy of the government is to find ways of reducing the cost of South African products through lower input costs and increased efficiency of these inputs.
Various tax restructuring measures have been taken during the past two years and more will be considered to add impetus to the supply-side approach. Although the general pattern of the last few years has been to limit the number of tax incentives, the Departments of Finance and Trade and Industry are investigating the flexibility of well-targeted tax incentive measures.
Growth requires resources, which means that societies need to save. Domestic savings can be supplemented to a limited extent by foreign borrowing, but capital inflows without a complementary improvement in domestic savings cannot be the basis of a sustainable growth strategy. Thus the increased investment that we need will have to be supported by higher domestic saving.
Gross domestic savings declined marginally to 16 per cent of GDP during 1995, a figure which is well below the target rate of 25 per cent and far off the rate of 35 per cent experienced in some fast growing Asian economies. Private household saving in 1995 was only 1 per cent of GDP, down from 3 per cent in 1994. Dissaving by the general government, however, shrank by 1 per cent to 4 per cent -a significant development as the elimination of government dissaving can play an important role in enhancing total domestic saving and eventually investment. Increasing domestic saving relative to GDP is only going to be possible if we do two things -reduce government dissaving and avoid excessive increases in private consumption expenditure.
From the foregoing it is clear that we need to maintain a balance between macroeconomic adjustments and the effective rendering and restructuring of social services and other government functions. The present fiscal stance, based on an average growth rate of 3 per cent, has been to reduce the budget deficit gradually to about 4 per cent of GDP by 1998/99. If growth is higher - as we hope it will be - more substantial progress will be possible. As the international growth outlook has become less favourable, we are mindful that deficit reduction should now occur more rapidly than the percentage point of GDP per annum originally targeted.
The policy approach of gradualism is one necessitated by the need to instil stability, sustainability and predictability in an environment of economic and financial uncertainty and volatility. Gradualism is also necessitated by the present transition and the resulting planning and restructuring needs. An expenditure driven boom would not last: conversely a drastic reduction in the deficit would require ill-considered and disruptive curtailment of public services. It is important to remember that the record of "big bangs" in economic history is not encouraging.
To underpin the achievement of our policy goals and to address the weaknesses in a consistent and sustainable manner, various initiatives are being put in place. These consist of a mix of financial, institutional, legislative and regulatory measures. Many are the result of the so-called "six-pack" initiative on restructuring the public sector that was announced towards the end of 1994.
Public sector and budgetary reform depend entirely on accompanying reforms in the public service. The policies dictated by the Reconstruction and Development Programme require a public service that is capable of sophisticated policy analysis, efficient delivery and the facilitation of efforts by communities and the private sector to drive their own development. The current structure of the public service is not conducive to the achievement of these objectives.
The remuneration system is complex and remuneration reform within this complexity is exceedingly costly. Accordingly, the Government of National Unity has, in consultation with the unions, embarked upon a major reform of the public service. This year will see the first steps in three major areas: grading reforms and reduced complexity; realigning pension and salary packages; as well as rightsizing and more efficient deployment of personnel. Grading reform and rightsizing do impose higher initial costs but will result in a better paid, more skilled and leaner public service.
In order to develop a greater medium and long term focus, a macroeconomic policy framework is under discussion to establish a clear and consistent set of fiscal, monetary and exchange rate policies to support the growth and development strategy referred to earlier.
As far as the budget is concerned, a medium term fiscal framework is being developed to establish guidelines for reprioritisation and lay the basis for multi-year budgeting.
A major reform of the budget process is underway. This will entail the earlier presentation of future budgets to Parliament, a feasibility study of a change-over to accrual accounting from the present cash accounting system, a different basis of reporting assets and liabilities, a restructuring of the accountability of the various departments and functions and a complete change in intergovernmental financial relations.
An Expenditure Evaluation Unit is being established to identify activities which could be stopped or scaled down or more efficiently managed in an effort to reduce overall government expenditure. This initiative is one of the outcomes of the belt-tightening programme.
The need for increased efficiency and higher labour intensity in the economy has also resulted in the current process of reform of the procurement policy. A White Paper on this issue will be published soon.
In October 1995 the Cabinet approved the restructuring of Inland Revenue and Customs and Excise and the formation of an autonomous revenue collection service, the South African Revenue Service or SARS. It is envisaged that SARS will be launched in April 1996, although full implementation will of necessity have to be a phased process. This process is presently well under way under a Reform Project Team. A business plan for SARS as well as concomitant reforms in areas such as technology modernisation, communication, financial management, human resources development, corporate image, business management and the interface with the Department of Finance are being finalised. Innovative reforms to be introduced include the use of scanners and mechanical sniffers at customs posts. The first of these scanners should be installed in the next ten days. Provision is made in the expenditure level for 1996/97 for an additional R150 million for SARS, pending the successful introduction of a business plan and related reforms.
The Chief Executive position of SARS is still vacant at this stage, but, judging from the progress in negotiations, an announcement should be possible within the next two weeks.
We are moving towards the establishment of a fully-fledged state debt management authority in the Department of Finance. In the interim, various measures have been introduced to improve debt and cash flow management, and revised guidelines for the issuing of government guarantees are being negotiated with affected parties.
The restructuring of various institutions, including the Development Bank of Southern Africa, other development finance institutions, the Land Bank, and various parastatals is far advanced and relevant legislation is imminent. Of essence is the envisaged integration of investment and service delivery of the three levels of government, development finance institutions and private domestic and foreign investment.
Steady progress on the restructuring of state assets is also being made. Restructuring will be supportive of the growth and development strategy in infrastructural financing requirements and will contribute to economic growth through debt reduction, the strengthening of the balance of payments and a greater degree of competitiveness in the economy. However, in the interests of conservative budgeting, no income from restructuring proceeds has been taken into account in the 1996/97 Revenue Estimate.
The Cabinet has also approved the establishment of a state dividend policy as part of a corporate governance framework to be applied to State corporations which generate profits as a result of their business operations. Again, in the interest of conservative budgeting, no budgetary provision has been made for any revenue at this stage, pending final negotiations with the respective corporations. Any dividend flow that materialises will be used to reduce state debt cost or for investment purposes.
Measures to bring about a gradual relaxation of exchange controls have been successful so far and this policy approach will be adhered to. What gives us the confidence to continue with this policy is the resilience of the rand to adapt to the gradual relaxations, and the improved underlying foreign reserves position. Over the 14 months from 31 December 1994 up to the end of February 1996, the Reserve Bank's net foreign reserves increased by R8 billion. Increased volatility of the rand must, however, be expected as the South African financial markets become more integrated into the global economy.
Retirement provision is presently under intense debate following the release of the reports by the Smith Committee on Strategy and Policy Review of Retirement Provision in South Africa and the Third Interim Report of the Katz Commission. The Smith Report still requires further and wider discussion and debate. The Joint Parliamentary Standing Committee on Finance intends conducting public hearings on this Report. As in our approach to the Katz recommendations, Government will respond after the Joint Standing Committee Report is to hand and has been studied.
With the increasingly important role which provinces and local governments are playing in economic growth and development and in ensuring financial stability in the country, proper coordination of intergovernmental financial relations is pivotal. The Ministry of Finance will actively promote this via the various intergovernmental structures. Greater autonomy of provinces and local governments imposes greater fiscal responsibility upon them and we must take leave of the notion that sub-national governments can rely on the national government to stand in for poor financial management and budgeting.
In order to establish sound financial bases for provinces, the Financial and Fiscal Commission has published important discussion documents on a Framework for Intergovernmental Fiscal Relations in South Africa and on The Allocation of Financial Resources between the National and Provincial Governments. The Borrowing Powers of Provincial Governments Bill, the product of wide ranging consultations will become legislation in the very near future. For the purposes of the 1997/98 Budget, provinces will, after due consultation, be given an early indication of their likely shares of the projected available national revenue, and will have full responsibility for determining their expenditure priorities.
In the evolving fiscal framework the international environment plays a determining role. In the global village in which we live, there is no escape from the (sometimes harsh) disciplines imposed on individual countries by the international community and international markets. The sanction for stepping out of line politically, socially and/or economically is severe, as this country and many other industrial and developing countries have indeed experienced.
We intend to steer well clear of any such risk. Indeed, the strengthening of South Africa's image as a trade and investor friendly country remains a high priority. Standard and Poor's recent upgrading of South Africa's credit rating and the 10 year ú100 million Euro-Sterling bond issue -the longest maturity in recent memory -will assist in this regard and are indicative of the progress we have made.
In the field of development finance our strategy is to maximise the benefit to the country of the normalisation of international relations. South Africa has joined the so-called English speaking African constituencies on the International Monetary Fund and World Bank Executive Boards and will shortly be appointing two advisors to the offices of the executive directors of this group of countries in the two organisations.
South Africa became a member of the African Development Bank on 13 December 1995 and will in due course also take its rightful place in the organisational structure of the Bank and avail itself of the various financial and other facilities. South African companies are already in a position to bid for projects financed by the Bank.
In a regional context South Africa is increasingly playing a more meaningful role, mindful of the need for cooperation to promote growth and development in the region. In this regard, we have assumed responsibility for the finance and investment sector of the Southern African Development Community and a unit to coordinate and manage the process has been established.
Following the Beijing Women's Conference, South Africa undertook to play a more active role in the development and implementation of policies and programmes set out in the Beijing Platform of Action.
o the implementation of targets and indicators of gender equality and equity in spending; and o the development of a performance review mechanism to evaluate progress and report to Parliament.
Having dealt with the various policy and operational issues, we now turn to specific expenditure, revenue, deficit and loan financing issues of the 1996/97 Budget.
The total expenditure level for 1996/97 is estimated at R173,7 billion, an increase of 10,4 per cent on the revised estimate for 1995/96. Included in this amount is R960 million and R600 million to be voted in the Supplementary Estimate and Adjustments Estimate, respectively.
At this stage it is not possible to give a detailed economic and/or functional allocation of the consolidated national and provincial expenditure as the provinces have not presented budgets to their respective executive councils. However, the allocation between functions will reflect the trends established in 1995/96 and also reinforce those shifts reflecting the national priorities. The President referred to these during his address to Parliament in February and specifically dealt with education, health delivery, housing policy and implementation as well as land reform. The Government's commitment to this reprioritisation is illustrated by the policy of a National Health System for Universal Health Care to be implemented by 1 April 1996.
Other challenges referred to included the capacity of government to serve communities and the need for a crime prevention strategy. The Department of Finance will release the functional and economic classification of the consolidated national and provincial budgets about a month after the last provincial budget is tabled.
A few remarks on some national government expenditure items are called for.
State debt costs, which form a first charge against revenue, are estimated to increase to R34,4 billion, an increase of almost 18 per cent on the revised 1995/96 figure. Nonetheless, this figure is still R591 million lower than it would have been given the expected budget deficit, loan redemptions, possible debt conversions and interest rate expectations. The R591 million includes an interest saving of R227 million as a result of a transfer of R1,9 billion from the Central Energy Fund on 1 April 1996, thus reducing the net borrowing requirement. A further R364 million will be saved through the utilisation of surplus government funds invested with the Corporation for Public Deposits. We still expect further savings as a result of better cash management.
In spite of this saving the estimated state debt costs still represent almost 20 per cent of total national government expenditure compared to about 18 per cent in 1995/96. This trend is a clear manifestation of the crowding out effect of debt costs on other expenditure items and the increasing lack of fiscal manoeuvrability and points clearly to the need for a continued restructuring programme to lower the state debt.
The provision made in this Budget and the Adjustments Estimate will bring the contribution to the RDP to R7,5 billion for 1996/97, and the total allocation to date to R15 billion.
Transfer payments to the provinces are shown as global amounts on the Department of Finance's vote. In the absence of legislation for the financing of provinces as prescribed in the Constitution, the budget process which applies to national departments has been extended to provide for the determination of these amounts. An extensive process of consultation was followed in which backlogs, inequalities between provinces and revenue shortfalls were taken into account to arrive at equitable allocations.
Defence spending to be financed from the national budget this year amounts to R10,2 billion. This is a decrease of 5,0 per cent on last year's revised estimate, continuing an adjustment trend which has reduced the defence budget from 4,5 per cent of GDP in 1989/90 to under 2,0 per cent of GDP presently.
The allocation to the South African Police Service (SAPS) amounts to R9,884 billion, which is 4,6 per cent higher than last year's revised estimate and before taking into account this year's improvements in conditions of service. The ongoing reorientation towards community policing and crime prevention is reflected in the increase of 16 per cent in the allocation for "Community Policing" on the SAPS vote.
Through the utilisation of the South African National Defence Force collateral utility, support will be given to the South African Police Service. This is estimated to be R1,2 billion in 1995/96 and it can be expected that a similar amount of support will be available in the 1996/97 financial year.
The housing vote has decreased, with the full cooperation of the Department of Housing, from a revised estimate of R4,0 billion in 1995/96 to R1,5 billion in 1996/97. This amount is, however, supplemented by significant resources in roll-overs from the RDP Fund and monies available in the National Housing Fund. This brings the total funds available for this function in 1996/97 to R4,6 billion, which is more than the funds allocated last year.
The budget of the Department of Trade and Industry has decreased from a revised estimate of R3,5 billion in 1995/96 to R3,2 billion. This is largely as a result of the phasing out of the General Export Incentive Scheme and the phasing in of the supply-side measures discussed earlier.
The budget for the national Department of Education amounts to R5,5 billion, compared with a revised estimate of R4,3 billion last year. This provides for significant increases in the subsidies to universities and technikons which will contribute to the stabilisation of their financial circumstances. Amounts of R100 million for universities and R50 million for technikons have been earmarked for the erection of new buildings. In addition, an amount of R300 million has been set aside for a national student financial assistance scheme. This allocation is intended to relieve the plight of financially disadvantaged students.
For a number of years it has been the policy to adjust pensions on an annual basis to compensate to a certain extent for loss in buying power.
The pensions of all civil pensioners who retired on or before 1 April 1995 will be increased by 6 per cent, with a minimum of R24,00 per month.
The pensions of those who retired later, but before 1 April 1996, will be increased proportionally.
The increase in military pensions will be considered at a later stage, once negotiations on improvements in conditions of service of public servants, to which military pensions adjustments are linked, have been concluded.
Details of increases in social pensions and other grants, which take up a substantial share of the transfers to provinces and reach nearly 3 million people, will be announced by the Acting Minister of Welfare and Population Development.
Legislation will be tabled shortly to commence payment of the special pensions in terms of Section 189 of the Interim Constitution. There has been considerable consultation on this legislation and we hope it will receive the support of all. An amount of R450 million has been allocated for 1996/97 in addition to funds rolled-over from last year.
Amounts of R10 million and R950 million for the Expenditure Evaluation Unit in the Ministry of Finance and for improvements in conditions of service respectively are proposed as supplementary expenditure.
Included in the Main and Supplementary Estimates is a total amount of R7,45 billion which, together with the anticipated savings flowing from the rightsizing of the public service and adjustments in the pension funds conditions, will enable very significant structural adjustments to be made to the public service salary scales in line with my earlier comments.
Based on the existing tax structure and tax rates and taking into account the macroeconomic projections for 1996/97, total tax and other revenue is estimated to increase by 10,5 per cent to R139,1 billion, in 1996/97.
The government's policy of gradually selling off excess stockpiles of strategic oil reserves makes it possible to transfer some R1,9 billion, being the proceeds from oil sales, to the National Revenue Account. As already explained, this facilitates a reduction in the accumulation of state debt and its accompanying interest costs.
Provision is made for an additional net R2,4 billion to be raised from various tax measures. Some of these proposals form part of the tax reform process emanating from the Katz Commission. Improved revenue collections and the collection of arrear taxes as a result of increased efficiency in tax administration are expected to yield an additional R1,5 billion. This amount is not specified separately in the budget accounts, but is incorporated in the estimates of the respective individual taxes. Collection of this amount represents the first challenge to the restructured SARS, one they accept enthusiastically.
During the course of the past year the Katz Commission issued Second and Third Interim Reports. The Second Report dealt with the question of thin capitalisation and transfer pricing rules while the Third dealt with a wide range of issues. These are fully dealt with in the Budget Review.
In the interests of transparency and promoting public debate, the Third Report was referred to the Joint Standing Committee on Finance which in turn called for public comment, held hearings and released its own Report. The Katz Report has also been discussed in the NEDLAC forum, against the background of a mutual understanding of the macro framework for the 1996/97 Budget and the critical fiscal issues put forward by the three social partners in NEDLAC.
Various of the Katz and Joint Standing Committee on Finance recommendations are incorporated in the tax proposals that will be announced today. Some require further investigation and consultation, for example the land tax, taxes on small and micro enterprises, the consideration of capital taxes and regional service council levies; while a few will have to be held in abeyance until SARS is fully operational, for example group income taxation, capital gains tax and taxpayer education. The Budget Review deals in more detail with Government's response to the Katz Commission Report.
The one major outstanding issue on the Commission's agenda is a holistic review of the tax system and recommendations in this regard. This issue will form the centrepiece of the final report which the Commission will be asked to submit early in October 1996.
Against this background I now turn to the various tax proposals for the coming financial year.
The increases are the result of consultations with all interested groups and take cognisance of industry specific issues, market conditions, health considerations and government policies.
An amount of R500 million is expected during 1996/97 from these proposals which take immediate effect. In accordance with Section 58(1) of the Customs and Excise Act, 1964, I now lay the formal tax proposals for excise on the Table for consideration by Parliament.
In line with the principle of regular adjustments an increase of 3 cents per litre on both leaded and unleaded petrol as well as diesel is proposed with effect from 3 April 1996. These increases will coincide with the monthly fuel price adjustment, if any. The yield from these increases is expected to be R450 million for 1996/97.
As a first step in the phasing out of the tariff protection level of the synthetic fuel industry, the Equalisation Fund levy will be reduced at various stages during 1996/97 with an equal increase in the fuel levy. The pump price will, however, not be affected by this measure which should yield R610 million to the fiscus during 1996/97.
Last year's Budget introduced the accrual basis for taxing interest on financial instruments. As was envisaged then this measure will now be extended to encompass those instruments issued on or before 15 March 1995 which are not as yet within the scope of the accrual basis.
This proposed change is expected to yield an additional R140 million during 1996/97.
As an interim measure in anticipation of the Katz Commission's detailed proposals on a capital transfer tax, it is proposed that with effect from 14 March 1996, the present rate of 15 per cent in respect of estate duty and donations tax be increased to 25 per cent and that the donations tax exemption threshold be increased from R20 000 to R25 000.
For 1996/97 the additional revenue from this proposal will be nominal due to normal lags in the collections of these kinds of taxes.
In acceptance of the Katz Commission's recommendations, endorsed by the Joint Standing Committee on Finance, it is proposed that the secondary tax on companies be reduced from 25 per cent to 12 per cent in respect of all dividends declared after 13 March 1996. This proposal is expected to be revenue neutral.
The tax rates for gold mines that elected to be outside the dual tax system will be amended accordingly, with an associated revenue loss of R35 million.
Both the Katz Commission and the Joint Standing Committee on Finance recommended the abolition of these taxes, subject to budgetary constraints.
Recognising the need to bring duties more in line with international levels, it is proposed that these duties be reduced from 1 per cent to 0,5 per cent with effect from 1 April 1996. Consideration will also be given to the amendment of the marketable securities Act, 1948, to include transactions where a broker acts as a principal.
This change will result in revenue losses for 1996/97 estimated at R200 million for marketable securities tax and R150 million in the relevant stamp duty.
The lowering of the marketable securities tax and the secondary tax on companies are further measures aimed at establishing South Africa as an investor-friendly country and improving our international competitiveness.
It is generally agreed that all financial services should be subject to VAT. However, since the introduction of VAT in 1991 certain financial services have been exempted from VAT due to uncertainty as to the effects of the tax as well as time constraints at that stage.
premiums payable in respect of life policies issued in terms of the Insurance Act and contributions to pension, provident, retirement annuity and medical aid funds; and compulsory charges built into the selling price of units in unit trust schemes.
It is estimated that this will result in additional VAT collections of R150 million in 1996/97 and about R300 million for a full year.
At the same time the financial services levy, which was introduced as a "proxy" for VAT, will no longer be levied on the banking industry. This does not, however, apply to the insurance and "super-annuation" fund industries. The estimated revenue loss is R50 million for 1996/97 and R200 million for a full financial year.
The Katz Commission's recommendations on the taxation of gambling have been accepted.
that the present policy of imposing VAT on gambling, with the exemption of the national lottery, be continued; and that in addition to these taxes provinces may impose betting or other taxes for their own accounts.
It is also proposed that gambling in the former TBVC states which is presently zero-rated become subject to the standard rate of VAT on 1 October 1996. This allows time for any adjustments that the provincial authorities may need to make.
The expected additional VAT collections from this source are R150 million.
The stamp duty payable on certain debit entries was last increased in 1992 and it is proposed that this be increased from 15 cents to 20 cents per entry from 1 June 1996.
Equity considerations and the escalation in the use of private and in-house retail cards make it necessary to bring debit entries posted to such accounts within the ambit of the Stamp Duties Act. Inland Revenue will consult with the issuers of such cards on how to bring this about. To allow sufficient time, 1 August 1996 is proposed as the implementation date. An additional R60 million is expected from these proposals in 1996/97 and some R100 million for a full financial year.
A revised scale for stamp duties on instalment credit agreements is also proposed to take effect on 1 June 1996. The yield is expected to be an additional R5 million in 1996/97.
The Government accepts the proposal of the Katz Commission and the Joint Standing Committee on Finance that basic rights of taxpayers should be articulated in a clear public statement of Taxpayers' Rights. This would include, among others, principles such as expeditious and timeous tax administration, as well as fair, impartial and consistent application of the law. A statement in this regard will be issued soon.
In its Third Report, the Katz Commission proposed a new approach to the taxation of retirement funds, and put forward various recommendations. The Joint Standing Committee on Finance in turn held discussions with several interested parties and has subsequently endorsed the Commission's main proposals.
The recommendations have attracted considerable comment, including representations from the retirement industry.
an incentive in favour of a lifetime annuity (that is, a pension); and taxation of income as it arises rather than when paid out.
The Government acknowledges the complexity of this issue and the need for further consultation, which will be led by the Department of Finance and SARS. The Katz Commission itself listed several issues that require more work. Since then the list has grown substantially. More time is needed for the refinement of the details of the tax dispensation in respect of retirement funds.
As a first step in the implementation of the taxation of the income of retirement funds, it is proposed that an initial tax be introduced with effect from 1 March 1996. This tax will be imposed at a rate of 17 per cent of the monthly gross interest and net rental income received by or which accrued to all pension, provident and retirement annuity funds, whether private, state or semi-state controlled or administered. More details with regard to, for instance, specific exemptions as well as the method of payment of the tax are provided in the Budget Review.
This proposal is not an ad hoc revenue generating measure incompatible with the other elements of the tax dispensation regarding retirement. Rather, the proposal represents a significant step towards a wider coverage of the tax system as a whole, thereby improving equity in the distribution of the tax burden, reducing the scope for tax avoidance and arbitrage and reducing tax distortions affecting savings and retirement choices.
The Department of Finance, working with the Katz Commission and taking due cognisance of the Smith Committee proposals, has attempted to determine the wider economic effects of this measure, particularly on lower income groups. Given the nature of the complex changes that could take place and the assumptions that have to be made, such analysis cannot be precise. It is our view that no significant additional burden is imposed, particularly on the poor. This should also be seen in the context of the general incidence of the entire fiscal package proposed today.
It has become evident that developments and speculation surrounding retirement fund taxation have given rise to much uncertainty and persons employed both in the public and private sectors are contemplating early retirement to escape what they fear will be more burdensome taxation of lump sum payments. Such a step may not be in their own or in the country's interest.
The benefits payable by retirement funds to members will only be taxed according to the new method as from the year of assessment commencing on 1 March 1997 at the earliest.
The vested rights of members of public sector funds which have been established by law to receive their lump sum payments on retirement or retrenchment and their withdrawal benefits on resignation will be protected by reference to number of years of service up to the date the changes are introduced as well as the final salary applied in the determination of their retirement or withdrawal benefits.
In the case of private sector members of retirement funds who become entitled to lump sum benefits after the implementation of the new provisions and who are presently entitled to a deduction from their lump sum payment on retirement or retrenchment and who may receive a smaller deduction if the proposed new formula is introduced, the deduction under the previous dispensation will be phased out over a period of five years.
With these assurances there should be no reason for members of any retirement fund to consider early retirement for fear of higher taxes on their lump sum payments.
Government is committed to reducing the overall burden of personal income tax; broadening the tax base; reducing the number of tax brackets, the maximum marginal tax rate, as well as the gradation of the marginal rate schedule; raising the tax threshold, and adjusting the tax structure for inflation.
Due to fiscal constraints all these objectives can obviously not be achieved simultaneously and Government has embarked on a gradual approach. Last year saw gender equality being achieved together with tax relief to the lower income groups. The proposals in this Budget aim at alleviating fiscal drag partially, increasing the level of income at which the maximum marginal rate takes effect and continuing with the process of tax relief for the lower and middle income earners.
In terms of the proposed rate structure, the income level at which the maximum marginal rate of 45 per cent is reached is raised from R80 000 to R100 000. Furthermore, the combined effect of the proposed rate structure and the proposed increase in the primary rebate from R2 625 to R2 660, is that the minimum tax threshold for persons under the age of 65 is increased from R14 600 to R15 580 (or by 6,7 per cent).
For example, last year a taxpayer under the age of 65 with a normal taxable income of R25 000 would have had a tax liability of R2 125. This year his or her tax liability will be R1 890, a tax saving of R235 or some 11 per cent for the year.
On the other hand, a taxpayer under the age of 65 with a taxable income of R85 000 would have had a tax liability of R26 310. This year his or her tax liability will be reduced to R24 940, which is a tax saving of R1 370 or just over 5 per cent.
Furthermore, some individuals older than 65 are currently exempt from the payment of provisional tax if their annual taxable income from salary, interest and rental does not exceed R35 000. It is proposed that this exemption threshold be raised to R50 000.
The cost to the fiscus of these personal income tax proposals is R2 billion.
All the tax measures proposed today as well as a few consequential measures are discussed in detail in the Budget Review and in notices released by Inland Revenue and Customs and Excise.
With total expenditure and revenue estimated at R173,7 billion and R144,9 billion respectively, the resulting deficit amounts to R28,8 billion or 5,1 per cent of GDP. This represents a significant decrease from the revised estimate of 6,0 per cent in 1995/96. If the once-off transfer from the Central Energy Fund is excluded the estimated deficit amounts to 5,5 per cent of GDP compared to 6,1 per cent in the previous year. In keeping with past practice it was assumed that the amount of roll-overs in 1996/97 will be the same as in 1995/96. Whatever the eventual amount, it will not influence the goal of a phased deficit reduction.
Loan redemptions during 1996/97 total some R16,5 billion, which together with an expected R200 million premium on government stock, will result in a gross borrowing requirement of R45,1 billion.
As in the past the bulk of this amount will be financed in the domestic market. The size of this demand is not expected to influence interest rates in any way. Provision is made for only R2,5 billion in new foreign funding.
To this financing need must be added an estimated discount on sales of new government stock of R2,8 billion bringing total projected government debt to R311,6 billion (or 55,6 per cent of GDP) compared to R280 billion (or 56,0 per cent of GDP) in 1995/96. This projection, although on a comparable basis, does not include further forward cover losses on the Gold and Foreign Exchange Contingency Reserve Account and any changes in government debt that may result from the utilisation of switch facilities and a revaluation of existing foreign loans due to changes in the exchange rate. It also excludes R1,1 billion representing debt of former territories which was dealt with in the Adjustments Estimate as well as pre-independence Namibian debt which at 31 January 1996 amounted to R1 billion. Legislation to effect the take-over of these debts will be introduced during this year.
This Budget will not please everyone: budgets never do. Yet the Budget is the result of widereaching consultations with various stakeholders. In our sport analogy referred to earlier, the government has been discussing its tactics and strategies with the various team members. Since its start, some 12 months ago, the budget process involved parliamentarians through discussions with the Joint Standing Committee on Finance; had representations from the Standing Committee, departments, provinces, labour and business on the Budget Committee; a so-called budget paralleling process in NEDLAC where, as the budget issues developed, they were simultaneously debated in that forum; and bilateral discussions with the above groups as well as other interested parties especially those most affected by budget measures -this Budget for example involved particular liaison with the liquor, tobacco and retirement fund industries as well as the labour movement. Various press and other briefings were also held: an example of allowing the spectators to see better. We are again publishing the Citizen's Guide to the Budget in all eleven official languages in an ongoing effort to inform the public better about the Budget and its role in our lives. Copies of this Guide are available today.
The Government is approaching the year full of confidence after achieving a good measure of success over the past two years in respect of macroeconomic balances, expenditure control, debt management and revenue collection. During 1996/97 our aim is to consolidate, build on and reinforce these initiatives and to focus intently on implementation and delivery.
The Budget must not be seen as a once-off financial exercise designed exclusively for 1996/97. It is rather part of an ongoing process of reform and restructuring, building on past achievements to secure future successes. Some of the measures taken this year should yield results in the short-term, others would probably take a year or more, while some should facilitate changes envisaged for later years.
To reiterate our priorities -we have to make a meaningful impact on unemployment and poverty. The preconditions for this are clear: a strategy that addresses the socio-economic imperatives of health, education, housing and welfare and combats criminality within a sustainable macroeconomic framework. We will devote special attention to designing an appropriate social security system.
If we succeed, people will increasingly be drawn into the economic system, able to contribute to and share in the wealth and well-being of the country.
From a macroeconomic perspective, this Budget should strengthen the economic recovery through the tax and borrowing proposals. It is not seen as an impetus to inflation and the reduction in absolute terms of R1,3 billion in the budget deficit should be positively received in the domestic and foreign financial markets as evidence of continued financial discipline. It needs to be pointed out that this reduction was achieved in spite of an estimated increase in state debt costs of R5,2 billion and a further RDP allocation of R7,5 billion for 1996/97.
In terms of our fiscal guidelines this Budget remains firmly on track. The estimated budget deficit, as percentage of GDP, is down from an estimated 6,0 per cent in 1995/96 to 5,1 per cent in 1996/97. The national budget represents at last a primary budget surplus of 1 per cent of GDP or, put differently, total estimated revenue is expected to exceed total estimated non-interest expenditure by 1 per cent of GDP. The estimated decrease in the total debt to GDP ratio from 56,0 per cent to 55,6 per cent is, partly, the result of this surplus. Non-interest current expenditure is also expected to show a decline from 22,9 per cent of GDP to 22,3 per cent between 1995/96 and 1996/97. National government dissaving, i.e. the difference between total estimated current expenditure and total estimated current revenue, is expected to decrease from 3,6 per cent of GDP in 1995/96 to 3,0 per cent in 1996/97. These trends are all very encouraging.
Tax revenue as a percentage of GDP is, however, estimated to increase marginally to 25,1 per cent from 24,6 per cent in 1995/96, partly due to improved collections. Estimated capital expenditure, also as a percentage of GDP, is expected to be reduced to 2,5 per cent from 2,7 per cent last year. This can be explained by lead-time delays in the financing and execution of capital projects in previous years, making a share of those funds available during 1996/97. A smaller budgetary provision for capital expenditure is thus possible.
To return to our sport analogy: we have a balanced and well-prepared side, having gone through many vigorous planning and training sessions.
the year of meaningful delivery in terms of the National Strategic Vision and related initiatives.
We cannot afford to fail our people. They have been waiting patiently for results and we owe them that. With the 1996/97 Budget we hope to get on the scoreboard in a big way.
<fn>GOV-ZA.1996035En.2012-02-10.en.txt</fn>
in the words preceding paragraph (a) the expression 'the' for the expression 'its'.
<fn>GOV-ZA.1996039En.2012-02-10.en.txt</fn>
To provide for the composition, powers, functions and functioning of the Commission on Gender Equality; and to provide for matters connected therewith.
'premises' includes land, any road, building or structure, or any vehicle, conveyance, ship, boat, vessel, aircraft or container.
The President shall determine the seat of the Commission.
The Commission may establish such offices as may be necessary to enable it to exercise its powers and to perform its duties and functions conferred on or assigned to it by this Act or any other law.
be persons with applicable knowledge or experience with regard to matters connected with the objects of the Commission.
Provided that if any nomination is not approved as required in paragraph (c) , the joint committee shall nominate another person.
Before the members of the Commission are appointed the Minister shall invite interested parties through the media and by notice in the Gazette to propose candidates within 30 days of the publication of the said notice, for consideration by the committee referred to in subsection (2) (b).
The members of the Commission may be appointed as full-time or part-time members and shall hold office for such fixed term, not exceeding five years, as the President may determine at the time of each appointment: Provided that the term of office of the full-time members shall not expire simultaneously.
No fewer than two and no more than seven members shall be appointed on a fulltime basis.
The President shall remove any member from office if such removal is requested by a joint committee contemplated in subsection (2) (b) ; and such request is approved by the National Assembly and the Senate by a resolution adopted by a majority of the total number of members of both Houses at a joint meeting.
The President may, in consultation with the Commission, appoint a part-time member as a full-time member for the unexpired portion of that part-time member's term of office.
A member of the Commission may resign from office by submitting at least three months' written notice thereof to Parliament unless Parliament by resolution allows a shorter period in a specific case.
A Chairperson of the Commission shall as often as it becomes necessary be appointed by the President and a Deputy Chairperson of the Commission shall as often as it becomes necessary be elected by the members of the Commission from among their number.
When the Chairperson is not available, the Deputy Chairperson shall perform the functions of the Chairperson.
(8), takes effect.
A vacancy in the Commission shall be filled as soon as practicable in accordance with section 3 (2).
Any vacancy so filled shall be for the unexpired period of the term of office in respect of which the vacancy occurred.
The meetings of the Commission shall be held at the times and places determined by the Chairperson: Provided that the first meeting shall be held at the time and place determined by the Minister.
If both the Chairperson and Deputy Chairperson are absent from a meeting of the Commission, the members present shall elect one from among their number to preside at that meeting.
The quorum for any meeting of the Commission shall be a majority of the total number of members appointed in terms of section 3 (2).
The decision of the majority of the members of the Commission present at a meeting shall be the decision of the Commission, and in the event of an equality of votes concerning any matter, the member presiding shall have a casting vote in addition to his or her deliberative vote.
The Commission shall determine its own procedure: Provided that due regard shall be given to the principles of transparency, openness and public participation.
The Commission shall cause minutes to be kept of its proceedings.
The Commission may establish one or more committees consisting of one or more members of the Commission designated by the Commission and one or more other persons, if any, whom the Commission may appoint for that purpose and for any period determined by it.
The Commission shall designate a chairperson for every committee and, if necessary, a deputy chairperson.
On completion of the functions assigned to it in terms of subsection (3), a committee shall submit a written report thereon, including recommendations, if any, for consideration by the Commission.
The provisions of section 5 shall, with the necessary changes, apply to a meeting of a committee.
The Commission shall not be absolved from responsibility for the performance of any functions entrusted to any committee in terms of this section.
shall perform such functions of the Commission as the Commission may assign to it.
The Commission shall at its first meeting or as soon as practicable thereafter in consultation with the Minister of Finance, appoint a suitably qualified and experienced person or a person seconded in terms of subsection (4) as Chief Executive Officer of the Commission for the purpose of assisting the Commission in the performance of its financial, administrative and clerical functions; and be assisted by such staff, seconded in terms of subsection (4) or appointed by the Commission in consultation with the Minister of Finance, as may be necessary to enable the Commission to perform its functions.
[Sub-s. (1) substituted by s. 35 (1) of Act 47 of 1997.
The persons appointed by the Commission in terms of subsection (1) shall receive such remuneration, allowances and other employment benefits and shall be appointed on such terms and conditions and for such periods as the Commission may, in consultation with the Minister of Finance, determine.
[Sub-s. (2) substituted by s. 35 (1) of Act 47 of 1997.
A document setting out the remuneration, allowances and other conditions of employment determined by the Commission in terms of subsection (2), shall be tabled in Parliament within 14 days after such determination.
If Parliament disapproves of any determination such determination shall cease to be of force to the extent to which it is disapproved.
The Commission may, in the performance of its functions contemplated in subsection (1) (a) , at its request, be assisted by officers in the public service seconded to the service of the Commission in terms of any law regulating such secondment.
[Sub-s. (4) substituted by s. 35 (1) of Act 47 of 1997.
The Commission may, in consultation with the Minister of Finance, in the exercise of its powers or the performance of its functions by or under this Act or any other law, for specific projects, enter into contracts for the services of persons having technical or specialised knowledge of any matter relating to the work of the Commission and determine the remuneration, including reimbursement for travelling, subsistence and other expenses, of such persons.
[Sub-s. (5) substituted by s. 35 (1) of Act 47 of 1997.
The remuneration, allowances and other terms and conditions of office and service benefits of the full-time and part-time members of the Commission shall be determined by the President.
The remuneration of the members of the Commission shall not be reduced during their term of office.
A part-time member of the Commission may, for any period during which that member, with the approval of the Commission, perform additional duties and functions, be paid such additional remuneration as may be determined by the President.
The provisions of section 7 (3) shall apply, with the necessary changes, in respect of the tabling in Parliament of a document setting out the remuneration, allowances and other terms and conditions of office and service benefits of the full-time and part-time members of the Commission.
Expenditure incidental to the performance of the functions of the Commission in terms of this Act or any other law shall be defrayed from money appropriated by Parliament in the same manner, with the necessary changes, and subject to the same laws, as in the case of the expenditure of a department of the National Government.
cause the necessary accounting and other related records to be kept; and shall perform the functions which the Commission may from time to time assign to him or her in order to achieve the objects of the Commission, and shall for those purposes be accountable to the Commission.
The records referred to in subsection (2) (b) (ii) shall be audited by the Auditor-General.
(a) The Commission shall be independent.
A member of the Commission as well as a member of the staff of the Commission shall perform his or her functions in good faith and without fear, favour, bias or prejudice.
No organ of state and no member or employee of an organ of state nor any other person shall interfere with, hinder or obstruct the Commission, any member thereof or a person appointed under section 6 (1) or 7 (1) or (5) in the performance of its, his or her functions.
the effective exercise of its powers and performance of its functions.
No person shall conduct an investigation or render assistance with regard thereto in respect of a matter in which he or she has any pecuniary or any other interest which might preclude him or her from exercising or performing his or her powers and functions in a fair, unbiased and proper manner.
If any person fails to disclose an interest contemplated in subsection (4) and conducts or renders assistance with regard to an investigation while having an interest so contemplated in the matter being investigated, the Commission may take such steps as it deems necessary to ensure a fair, unbiased and proper investigation.
may consider such recommendations, suggestions and requests concerning the promotion of gender equality as it may receive from any source.
The procedure to be followed in conducting an investigation referred to in section 11 (1) (e) shall be determined by the Commission with due regard to the circumstances of each case.
The Commission shall from time to time by notice in the Gazette make known the particulars of the procedure which it has determined in terms of subsection (1).
If it is in the interest of justice or if harm to any person might otherwise ensue, the Commission or a member thereof may direct that any person or category of persons shall not be present at the proceedings during the investigation or any part thereof.
No person shall disclose to any other person the contents of any document in the possession of a member or a member of the staff of the Commission or the record of evidence given before the Commission during an investigation, unless the Commission determines otherwise.
Any person appearing before the Commission by virtue of the provisions of subsection (4) (b) and (c) may be assisted at such examination by an advocate or an attorney, or both, and shall be entitled to peruse such of the documents or records referred to in subsection (4) (b) as are necessary to refresh his or her memory.
require any person by notice in writing under the hand of a member of the Commission, addressed and delivered by a sheriff, to appear before it at a time and place specified in such notice and to produce to it specified articles or documents in the possession or custody or under the control of any such person: Provided that such notice shall contain the reasons why such person's presence is needed and why any such article or document should be produced.
through a member of the Commission, administer an oath to or take an affirmation from any person referred to in paragraph (b) , or any person present at the place referred to in paragraph (b) , irrespective of whether or not such person has been required under the said paragraph (b) to appear before it, and question him or her under oath or affirmation.
Any member of the Commission or a police officer authorised thereto by a member of the Commission may, for the purposes of exercising the powers and performing the functions mentioned in section 11, on the authority of a warrant issued in terms of subsection (5), search any person or enter and search any premises on which anything connected with an investigation is or is suspected to be.
if he or she wishes to retain anything contemplated in paragraph (e) for further examination or for safe custody, remove it from the person or premises against the issue of a receipt: Provided that any article that has been so removed, shall be returned as soon as possible after the purpose for which it was removed has been achieved: Provided further that if there is no person present to receive the receipt when it is issued, it shall be affixed to a prominent place on the premises.
Any person from whom information is required in terms of subsection (3) (a) and may be assisted in supplying the information by a legal representative and shall be so informed before being required to give such information.
A warrant referred to in subsection (1) shall only be issued by a magistrate, or a judge of the Supreme Court, if it appears to such magistrate or judge from information on oath that there are reasonable grounds for believing that any article or document, which has a bearing on the investigation is in the possession or under the control of any person or on any premises within the area of jurisdiction of such magistrate or judge and cannot reasonably be obtained in any other manner.
A warrant referred to in subsection (1) shall be executed by day.
his or her personal privacy.
the expiry of one month from the day of its issue, whichever may occur first.
A person executing a warrant under this section shall, at the commencement of such search, hand the person referred to in the warrant or the owner or the person in control of the premises, if such a person is present, a copy of the warrant: Provided that if no such person is present, he or she shall affix a copy of the warrant to the premises at a prominent and visible place.
A person executing a warrant under this section shall, at the commencement of such execution, identify himself or herself and if that person requires authorisation to execute a warrant under this section, the particulars of such authorisation shall also be furnished.
A person who may lawfully under this section enter and search any premises may use such force as may be necessary to overcome any resistance against such entry and search of the premises, including the breaking of any door or window of such premises: Provided that such person shall first audibly demand admission to the premises and notify the purpose for which he or she seeks to enter and search such premises.
The proviso to paragraph (a) shall not apply where the person concerned is on reasonable grounds of the opinion that any article or document which is the subject of the search may be destroyed, disposed of or tampered with if the provisions of the said proviso are complied with.
If during the execution of a warrant in terms of subsection (5), a person claims that an article or document found on the person or premises contains privileged information and refuses the inspection or removal of such article or document, the person executing the warrant may request the registrar of the Supreme Court which has jurisdiction or his or her delegate, to attach and remove that article or document for safe custody until a court of law has made a ruling on the question whether or not the information in question is privileged.
Any person appearing before the Commission in terms of section 12 (4) (b) who is not in the public service, shall be entitled to receive from moneys appropriated by law for such purpose, as witness fees, an amount equal to the amount which he or she would have received as witness fees had he or she been summoned to attend criminal proceedings in the Supreme Court held at the place mentioned in the written notice in question.
If, in the execution of a warrant in terms of section 13 (5), it is necessary to use force to gain entry to premises as contemplated in section 13 (6) (a) and the force of such entry causes damage to any lock, door, window, wall or other part of the premises or to anything inside the premises, the Commission may order that such damage be made good from State funds: Provided that no such order shall be made if the person responsible for the premises was present at the time of entry and failed, without just cause, to facilitate the entry.
The Commission shall report to the President at least once every year on its activities and the achievement of its objectives, and the President shall cause such report to be tabled promptly in Parliament: Provided that the Commission may at any time submit any other report to the President and Parliament.
The findings of an investigation by the Commission shall, when it deems it fit, be made available to the complainant and any person implicated thereby.
The Commission may, at any time, approach the President or Parliament with regard to any matter relating to the exercise of its powers or the performance of its functions.
member of any committee who is not a member of the Commission, shall be liable in respect of anything reflected in any report, finding, point of view or recommendation made or expressed in good faith and submitted to Parliament or made known in terms of this Act.
acts contrary to the authority of a warrant issued under section 13 (5) or, without being authorised thereto under section 13, enters or searches any premises or attaches any article or document or performs any act contemplated in section 13 (3), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.
This Act shall be called the Commission on Gender Equality Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.1996070301En.2012-02-10.en.txt</fn>
At a meeting this morning, Cabinet confirmed the appointment of Ms Maria Ramos as the new Director-General of Finance.
The appointment, which is effective immediately, was made after a fully transparent process which involved advertising, short-listing and subsequent interviewing by a panel of Cabinet Ministers.
1978-1989 Various positions at First National Bank 1989-1991 Lecturer in Economics at University of South Africa 1991-1994 Lecturer in Economics at University of Witwatersrand 1990-1994 Economist in African National Congress Department of Economic Planning 19941995 Research Officer, London School of Economics 1995 (May) Deputy Director General: Financial Planning - Department of Finance.
1993 Constitutional negotiations - Finance chapters 1994 Transitional Executive Council, Sub-Council on Finance 1989-1995 Various publications and papers presented locally and internationally.
<fn>GOV-ZA.1996072En.2012-02-10.en.txt</fn>
To provide for the application in the Republic of the Hague Convention on the Civil Aspects of International Child Abduction; and to provide for matters connected therewith.
'this Act' includes the regulations.
The Convention shall, subject to the provisions of this Act, apply in the Republic.
For the purposes of Article 6 of the Convention the Chief Family Advocate appointed by the Minister in terms of the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987), is hereby designated as the Central Authority for the Republic.
The Central Authority may, subject to such conditions as he or she may impose, delegate or assign any power or duty conferred or imposed upon him or her by or under the Convention to any Family Advocate appointed in terms of the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987).
The delegation, assignment and conditions imposed shall be in writing.
prescribing fees, and providing for the recovery of any expenditure incurred, in connection with the application of the Convention.
A regulation made under subsection (1) may prescribe a penalty of a fine or of imprisonment for a period not exceeding 12 months for any contravention thereof or failure to comply therewith.
Any regulation made under subsection (1) shall be laid upon the Table in Parliament within 14 days after the publication thereof in the Gazette if Parliament is then in ordinary session, or, if Parliament is not in ordinary session, within 14 days after the commencement of the next ensuing ordinary session.
Any regulation referred to in subsection (3) or any provision thereof may, by resolution passed by both Houses of Parliament during the session in which such regulation has been laid upon the Table, be rejected, and if the said regulation or provision is so rejected the provisions of section 12 (2) of the Interpretation Act, 1957 (Act 33 of 1957), shall apply as if such resolution were a law repealing the regulation or provision in question.
This Act shall be called the Hague Convention on the Civil Aspects of International Child Abduction Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
Firmly convinced that the interests of children are of paramount importance in matters relating to their custody.
Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access.
to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.
Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available.
at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
The rights of custody mentioned in subparagraph a above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.
The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years.
'rights of access' shall include the right to take a child for a limited period of time to a place other than the child's habitual residence.
A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.
Federal States, States with more than one system of law or States having autonomous territorial organizations shall be free to appoint more than one Central Authority and to specify the territorial extent of their powers. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which applications may be addressed for transmission to the appropriate Central Authority within that State.
Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention.
to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application.
Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.
all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be.
any other relevant documents.
If the Central Authority which receives an application referred to in Article 8 has reason to believe that the child is in another Contracting State, it shall directly and without delay transmit the application to the Central Authority of that Contracting State and inform the requesting Central Authority or the applicant, as the case may be.
The Central Authority of the State where the child is shall take or cause to be taken all appropriate measures in order to obtain the voluntary return of the child.
The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.
If the judicial or administrative authority concerned has not reached a decision within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be.
Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.
The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.
Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.
there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.
The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.
In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child's habitual residence.
In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognized or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.
The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants to obtain such a decision or determination.
After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice.
The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.
The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.
A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue.
The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms.
An application to make arrangements for organizing or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same way as an application for the return of a child.
The Central Authorities are bound by the obligations of co-operation which are set forth in Article 7 to promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of such rights. The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution of proceedings with a view to organizing or protecting these rights and securing respect for the conditions to which the exercise of these rights may be subject.
No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of this Convention.
No legalization or similar formality may be required in the context of this Convention.
Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English.
However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.
Nationals of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State.
Each Central Authority shall bear its own costs in applying this Convention.
Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the payment of the expenses incurred or to be incurred in implementing the return of the child.
However, a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child.
When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons.
A Central Authority may require that the application be accompanied by a written authorization empowering it to act on behalf of the applicant, or to designate a representative so to act.
This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention.
Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States.
any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides.
In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so.
This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors , as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organizing access rights.
This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States.
Where a declaration has been made under Article 39 or 40, the reference in the preceding paragraph to a Contracting State shall be taken to refer to the territorial unit or units in relation to which this Convention applies.
Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provisions of this Convention which may imply such a restriction.
The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Any other State may accede to the Convention.
The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession.
The accession will have effect only as regard the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands: the Ministry shall forward through diplomatic channels, a certified copy to each of the Contracting States.
The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance.
Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enters into force for that State.
Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies.
Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.
Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 39 or 40 make one or both of the reservations provided for in Article 24 and Article 26, third paragraph. No other reservation shall be permitted.
Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.
The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instruments of ratification, acceptance, approval or accession referred to in Articles 37 and 38.
2 for any territory or territorial unit to which the Convention has been extended in conformity with Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article.
The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it.
If there has been no denunciation, it shall be renewed tacitly every five years.
Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies.
The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States. [Article 44 substituted by s. 15 of Act 42 of 2001.
7 the denunciations referred to in Article 44.
In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.
Done at The Hague, on the 25th day of October 1980 in the English and French languages, both texts being equally authentic in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent through diplomatic channels to each of the States Members of the Hague Conference on Private International Law at the date of its Fourteenth Session.
<fn>GOV-ZA.1996074En.2012-02-10.en.txt</fn>
Development of the Airlift Strategy.
Cabinet held its ordinary meeting in Pretoria, on 30 March 2011.
1.1 The South African government is deeply concerned about deteriorating political and humanitarian situation in Libya. According to United Nations High Commission on Refugees (UNHCR) about two thousands (2000) people daily cross the Libyan border to the neighbouring countries while thousands of migrant workers remain trapped inside conflict zones. We are also concerned about report of increased proliferation of arms in that region.
1.2 Cabinet noted and respects the constitutional court judgment delivered on 17 March 2011 in the Glenister application involving the independence of the Directorate of Priority Crime Investigation, commonly known as the Hawks. The judgement is being studied in order to fully appreciate its implications. An announcement will be made at an appropriate time in this regard.
1.3 Cabinet noted South Africa's Second Annual Report on the implementation of the African Peer Review Mechanism (APRM). The country acceded to the APRM instrument in March 2003 thereby voluntarily subjecting itself to a review by peers in the areas of democracy and political governance; economic governance and management; corporate governance as well as socio-economic development. The monitoring requirements of the APRM require that South Africa submits periodic reports regarding the implementation of the National Programme of Action (NPoA). The report was accepted by the 14th Summit of Heads of State and Government participating in the APRM on 29 January 2011. Cabinet approved that the 3rd report will be submitted in 2013 and that South Africa will indicate when it is appropriate for the Peer Review Team to conduct a second review.
1.8 Cabinet noted progress on the Gautrain Project, the actions taken and the progress made with the integration of the Gautrain into the broader Gauteng transport system.
1.9 Cabinet has endorsed the celebration of April as Freedom month culminating to Freedom Day on 27 April 2011 under the theme working together to unite the nation, promote democracy and protect our freedom. Cabinet calls on all South Africans to claim the symbolism of this month by actively participating in key events. Cabinet decided that the Union Building will serve as the permanent venue for Freedom Day celebrations where the President will be making an address. Provinces are encouraged to display and celebrate their diverse heritage and culture. Cabinet also celebrates May Day (Worker's Day), a direct product of our democracy and encourages the protection of democracy by calling upon the nation to participate in the local government election on the 18th May 2011.
Ã Labour/Government Summit: 19 April 2011 2.3 Government under the leadership of the Department of Health, will convene a National Nursing Summit from 4-6 April 2011 which provides a platform for government to highlight the integral role of nurses and midwives in contributing to the success of Government's health reform agenda.
3.1 Mr Mzolisi Michael Toni was appointed Deputy Director-General: Children's Rights and Persons with Disabilities at the Department for Women, Children and Persons with Disabilities.
3.2 Mr K Morais was appointed Advisor in the African Group 3 Constituency (AFG- 3) at the World Bank for a period of 3-5 years.
3.3 Ms A Ludin was appointed as the Commissioner for the Companies and Intellectual Property Commission with effect from 1 April 2011 until 31 March 2016.
3.4 Mr R Voller was appointed as Deputy Commissioner for the Companies and Intellectual Property Commission with effect 1 April 2011 until 31 March 2016.
3.5 Mr N Mhlongo, Ms M Nakene, Ms M Nkomo (Deputy Chairperson) and Mr H Dikgale (re-appointment) were appointed as non executive members to the Board of the Cross-Border Road Transport Agency (C-BRTA).
<fn>GOV-ZA.1996075En.2012-02-10.en.txt</fn>
To facilitate the provision of evidence and the execution of sentences in criminal cases and the confiscation and transfer of the proceeds of crime between the Republic and foreign States; and to provide for matters connected therewith.
'confiscation order' means a confiscation or forfeiture order made under the Prevention of Organised Crime Act, 1998 (Act 121 of 1998); [Definition of 'confiscation order' substituted by s. 79 (a) of Act 121 of 1998.
'restraint order' means a restraint order or preservation of property order made under the Prevention of Organised Crime Act, 1998 (Act 121 of 1998); [Definition of 'restraint order' substituted by s. 79 (b) of Act 121 of 1998.
any person against whom a foreign restraint order may be enforced, means the division of the Supreme Court of the area in which any such person 'this Act' includes a regulation made thereunder.
If it appears to a court or to the officer presiding at proceedings that the examination at such proceedings of a person who is in a foreign State, is necessary in the interests of justice and that the attendance of such person cannot be obtained without undue delay, expense or inconvenience, the court or such presiding officer may issue a letter of request in which assistance from that foreign State is sought to obtain such evidence as is stated in the letter of request for use at such proceedings.
that for purposes of the investigation it is necessary in the interests of justice that information be obtained from a person or authority in a foreign State.
to the appropriate government body in the requested State.
In a case of urgency a letter of request may be sent directly to the court or tribunal referred to in subsection (3) (a) , exercising jurisdiction in the place where the evidence is to be obtained, or to the appropriate government body referred to in subsection (3) (b).
The Director-General shall as soon as practicable be notified that a letter of request was sent in the manner referred to in paragraph (a) and he or she shall be furnished with a copy of such a letter of request.
appear at the examination and question the person concerned.
Where proceedings have been instituted and the application for a letter of request is made by the State the court or presiding officer may as a condition of the letter of request order that the costs of legal representation for the accused be paid by the State.
Notwithstanding the fact that a presiding officer has made an order contemplated in paragraph (a) , he or she may, if he or she is of the opinion that a refusal by the accused to admit the evidence obtained by means of the letter of request is unreasonable and unjustifiable, at the conclusion of the proceedings make such order against the accused as to the costs of sending the letter of request and all proceedings to give effect thereto as he or she may reasonably deem appropriate.
appear at the examination, either through a legal representative or, in the case of an accused who is not in custody or in the case of a private prosecutor, in person, and may examine, cross-examine and re-examine the witness.
that the person presiding at the examination make an accurate record of the witness's refusal to answer any question or to produce any book, document or object, and of the reasons for such refusal.
A court or presiding officer issuing a letter of request may request that a video recording of the proceedings at the examination of a witness be made by a person designated for that purpose by the court or presiding officer or by the requested State.
the conduct and demeanour of the witness while giving evidence.
Evidence obtained by a letter of request shall be deemed to be evidence under oath if it appears that the witness was in terms of the law of the requested State properly warned to tell the truth.
any other factor which in the opinion of the court should be taken into account, is of the opinion that such evidence should be admitted in the interests of justice.
The provisions of subsection (2) shall not render admissible any evidence which would be inadmissible, had such evidence been given at the subsequent proceedings by the witness from whom it was obtained.
Evidence obtained by a letter of request after the institution of proceedings shall form part of the record of such proceedings and shall be admitted as evidence by the court or presiding officer which issued the letter of request in so far as it is not inadmissible at such proceedings.
Where a letter of request is issued after the institution of proceedings, the evidence so obtained together with the record of the examination of the witness shall be open to inspection by the parties to such proceedings.
A request by a court or tribunal exercising jurisdiction in a foreign State or by an appropriate government body in a foreign State, for assistance in obtaining evidence in the Republic for use in such foreign State shall be submitted to the Director-General.
that there are reasonable grounds for believing that an offence has been committed in the requesting State or that it is necessary to determine whether an offence has been so committed and that an investigation in respect thereof is being conducted in the requesting State.
For purposes of subsection (2) the Director-General may rely on a certificate purported to be issued by a competent authority in the State concerned, stating the facts contemplated in paragraph (a) or (b) of the said subsection.
The Director-General shall, if satisfied as contemplated in subsection (2), submit the request for assistance in obtaining evidence to the Minister for his or her approval.
Upon being notified of the Minister's approval the Director-General shall forward the request contemplated in subsection (1) to the magistrate within whose area of jurisdiction the witness resides.
The magistrate to whom a request has been forwarded in terms of section 7 (5) shall cause the person whose evidence is required, to be subpoenaed to appear before him or her to give evidence or to produce any book, document or object and upon the appearance of such person the magistrate shall administer an oath to or accept an affirmation from him or her, and take the evidence of such person upon interrogatories or otherwise as requested, as if the said person was a witness in a magistrate's court in proceedings similar to those in connection with which his or her evidence is required: Provided that a person who from lack of knowledge arising from youth, defective education or other cause, is found to be unable to understand the nature and import of the oath or the affirmation, may be admitted to give evidence in the proceedings without taking the oath or making the affirmation: Provided further that such person shall, in lieu of the oath or affirmation, be admonished by the magistrate to speak the truth, the whole truth and nothing but the truth.
A person referred to in subsection (1) shall be subpoenaed in the same manner as a person who is subpoenaed to appear as a witness in proceedings in a magistrate's court.
Upon completion of the examination of the witness the magistrate taking the evidence shall transmit to the Director-General the record of the evidence certified by him or her to be correct, together with a certificate showing the amount of expenses and costs incurred in connection with the examination of the witness.
If the services of an interpreter were used at the examination of the witness, the interpreter shall certify that he or she has translated truthfully and to the best of his or her ability, and such certificate shall accompany the documents transmitted by the magistrate to the Director-General.
In respect of the giving of evidence or the production of any book, document or object at an examination in terms of section 8, the law relating to privilege as applicable to a witness giving evidence or subpoenaed to produce a book, document or object in a magistrate's court in similar proceedings, shall apply.
Where a witness at such an examination claims privilege on the ground that he or she could not have been compelled to give the particular evidence in criminal proceedings in the requesting State, the magistrate shall record the witness' objection and may postpone the proceedings in order to obtain from a competent authority in the requesting State an intimation as to whether or not the witness could in criminal proceedings in the requesting State be compelled to give the evidence in question.
Where a witness' claim to privilege is not recognised by a competent authority in the requesting State the magistrate shall reject his or her objection and proceed to take the evidence.
Any person required to give evidence at an examination under section 8 shall be entitled to payment of such expenses and fees as are payable to witnesses in a magistrate's court in proceedings similar to those in connection with which his or her evidence is required.
Any person subpoenaed to appear to give evidence or produce any book, document or object before a magistrate conducting an examination who, without sufficient cause, fails to attend at the time and place specified or to remain in attendance until the conclusion of the examination or until he or she is excused from further attendance by the magistrate conducting the examination, or refuses to be sworn or to make affirmation as a witness, or having been sworn or having made affirmation, fails to answer satisfactorily any question put to him or her, or fails to produce any book, document or object in his or her possession or custody or under his or her control, which he or she was subpoenaed to produce, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding three months.
Any person who, after having been sworn or having made an affirmation or having been admonished as contemplated in section 8 (1), gives false evidence before the person taking an examination knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable on conviction to the penalty prescribed by law for perjury.
When a subpoena purporting to be issued by a proper officer of a competent court of law in any State mentioned in Schedule I for the attendance of any person in any proceedings before that court is received from such officer by any magistrate within whose area of jurisdiction such person resides or is, such magistrate shall, if he or she is satisfied that the subpoena was lawfully issued, endorse it for service upon such person, whereupon it may be served as if it was a subpoena issued in the court of such magistrate in proceedings similar to those in connection with which it was issued.
Upon service of the subpoena on the witness an amount sufficient to cover his or her reasonable expenses in connection with his or her attendance of the proceedings, shall be tendered to him or her.
Any person subpoenaed under this section who, without sufficient cause, fails to attend at the time and place specified in the subpoena, shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding three months.
Any magistrate's court within whose area of jurisdiction the subpoena has been served or the person subpoenaed resides, shall have jurisdiction to try such person for a contravention of subsection (3).
For the purposes of subsection (3) a return of service indicating that the subpoena was properly served on the person concerned, together with a certificate by the presiding officer of the court where the said person was to appear, to the effect that such person failed to appear at the time and place specified in the subpoena, shall be prima facie proof that the said person failed to appear as contemplated in that subsection.
No witness residing in a foreign State and who attends a court or tribunal in the Republic shall, while so attending, be liable to be arrested in the Republic on any civil warrant for debt or on a criminal charge for the commission of an offence incurred or allegedly committed in the Republic, before his or her arrival in the Republic for the purpose of his or her attendance of such court or tribunal.
If it appears to a court which has sentenced a person to the payment of a fine or made an order against him or her for the payment of compensation to another person that such person does not have sufficient property in the Republic from which the fine or compensation can be recovered but that he or she does have property in a foreign State, the court may issue a letter of request in which assistance is sought from the foreign State concerned.
The letter of request may include a request for the recovery of all costs and expenses incurred in connection with the recovery of the fine or compensation and that such costs and expenses be levied against the property of the convicted person from whom the fine or compensation is recovered.
Any amount recovered pursuant to a request for assistance made under section 13, less the costs of the recovery thereof, shall first be applied to satisfy or reduce the outstanding amount of the fine, and thereafter the balance shall be applied to satisfy or, if such amount is not sufficient, in reduction of the outstanding amount of the compensatory order.
that the person concerned holds property in the Republic, submit the request to the Minister for approval.
Upon receiving the Minister's approval that the sentence or compensatory order may be executed in the Republic the Director-General shall lodge with the clerk of a magistrate's court a certified copy of the document evidencing the foreign sentence or order and such clerk of the court shall thereupon register the sentence or order and the amount payable thereunder as reflected in the said document.
The clerk of the court shall forthwith give written notice of the registration of the sentence or order to the person on whom it was imposed or against whom it was made or who has effective control over the relevant property in the Republic and shall notify such person that he or she may within the prescribed period and in the prescribed manner lodge an application for the setting aside of the registration thereof.
Without limiting the Minister's discretion in any manner, he or she may refuse a request for the execution of a foreign pecuniary sentence or compensatory order submitted in terms of section 15 (1) if he or she is satisfied that the surrender of the person upon whom the sentence was imposed or against whom the order was made, would not have been ordered under any law of the Republic relating to extradition, had a request for the extradition of such person been received.
When a foreign sentence or compensatory order has been registered in terms of section 15, that sentence or order shall have the effect of a civil judgment of the court at which it has been registered, for the amount reflected therein in favour of the Republic as represented by the Minister.
A sentence or order registered in terms of section 15 shall not be executed before the expiration of the period within which an application may be made in terms of section 15(3) for the setting aside of the registration thereof, or if such an application was made, before the final decision of such application.
The Director-General shall, subject to any agreement or arrangement between the requesting State and the Republic, pay over to the requesting State any amount realised in the execution of a registered sentence or order, less all expenses incurred in connection with the execution of such sentence or order.
The registration of a foreign sentence or compensatory order in terms of section 15 shall, on the application of any person on whom the sentence was imposed or against whom the order was made, be set aside if the court at which it was registered is including the serving of imprisonment in default of payment.
The court hearing an application referred to in subsection (1) may at any time postpone the hearing of the application to such date as it may determine.
When a court in the Republic makes a confiscation order, such court may on application to it issue a letter of request in which assistance in enforcing such order in a foreign State is sought if it appears to the court that a sufficient amount to satisfy the order cannot be realised in the Republic and that the person against whom the order has been made owns property in the foreign State concerned.
The amount to be levied by such request shall be sufficient to cover, in addition to the amount of the confiscation order, all costs and expenses incurred in the issuing and the executing of the request.
that the person concerned holds property in the Republic, submit such request to the Minister for approval.
Upon receiving the Minister's approval of the request contemplated in subsection (1), the Director-General shall lodge with the clerk of a magistrate's court in the Republic a certified copy of such foreign confiscation order.
where the order was made for the recovery of particular property, in respect of the property which is specified therein.
Where the person against whom the foreign confiscation order has been made is present in the Republic, the notice contemplated in subsection (4) shall be served on such person in the prescribed manner.
Where the said person is not present in the Republic, he or she shall in the prescribed manner be informed of the registration of the foreign confiscation order.
that the said person may, within the prescribed period and in the prescribed manner, apply to that court for the setting aside of the registration of the order.
When any foreign confiscation order has been registered in terms of section 20, such order shall have the effect of a civil judgment of the court at which it has been registered in favour of the Republic as represented by the Minister.
for the setting aside of the registration may be made, or if such application has been made, before the application has been finally decided.
The Director-General shall, subject to any agreement or arrangement between the requesting State and the Republic, pay over to the requesting State any amount recovered in terms of a foreign confiscation order, less all expenses incurred in connection with the execution of such order.
that the order has already been satisfied.
When a court or judge in the Republic makes a restraint order, such court or judge may issue a letter of request in which assistance in enforcing such order in a foreign State is sought if it appears to such court or judge that the person against whom the order has been made owns property in the foreign State concerned.
When the Director-General receives a request for assistance in enforcing a foreign restraint order in the Republic, he or she may lodge with the registrar of a division of the Supreme Court a certified copy of such order if he or she is satisfied that the order is not subject to any review or appeal.
The registrar with whom a certified copy of a foreign restraint order is lodged in terms of subsection (1), shall register such order in respect of the property which is specified therein.
that the said person may within the prescribed period and in terms of the rules of court apply to that court for the setting aside of the registration of the order.
Where the person against whom the foreign restraint order has been made is present in the Republic, the notice contemplated in subsection (3) shall be served on such person in the prescribed manner.
Where the said person is not present in the Republic, he or she shall in the prescribed manner be informed of the registration of the foreign restraint order.
When any foreign restraint order has been registered in terms of section 24, that order shall have the effect of a restraint order made by the division of the Supreme Court at which it has been registered.
that the sentence or order in support of which the foreign restraint order was made, has been satisfied in full.
The President may on such conditions as he or she may deem fit enter into any agreement with any foreign State for the provision of mutual assistance in criminal matters and may agree to any amendment of such agreement.
The Minister shall as soon as practical after Parliament has agreed to the ratification of, accession to or amendment or revocation of an agreement referred to in subsection (1), give notice thereof in the Gazette.
The Minister may delegate to an official of the Department of Justice any function conferred upon him or her by this Act, except a function referred to in section 33.
A function so delegated, when performed by the delegate, shall be deemed to have been performed by the Minister.
The delegation of any function under this section shall not prevent the performance of such function by the Minister himself or herself.
The Director-General may delegate to an official of the Department of Justice any function conferred upon him or her by or under this Act.
A function so delegated, when performed by the delegate, shall be deemed to have been performed by the Director-General.
The delegation of any function under this section shall not prevent the performance of such function by the Director-General himself or herself.
authenticated in the manner provided for in any agreement with the foreign State concerned.
Nothing in this Act contained shall be construed so as to prevent or abrogate or derogate from any arrangement or practice for the provision or obtaining of international co-operation in criminal matters otherwise than in the manner provided for by this Act.
which, in a case contemplated in paragraph (b) , prevailed on the date on which the order concerned was registered.
providing for any matter which he or she may consider necessary or expedient with a view to achieving the objects of this Act.
Different regulations may be made in respect of different foreign States.
The Minister may by notice in the Gazette amend Schedule I by adding or deleting the name of any foreign State thereto or therefrom.
Any power to make rules under the Supreme Court Act, 1959 (Act 59 of 1959), shall be deemed to include the power to make rules so as to give effect to sections 24 and 26 of this Act.
Any power to make rules under the Magistrates' Courts Act, 1944 (Act 32 of 1944), shall be deemed to include the power to make rules so as to give effect to sections 8, 15, 18, 20 and 22 of this Act.
The laws mentioned in Schedule II are hereby amended or repealed to the extent indicated in the third column thereof.
This Act shall be called the International Co-operation in Criminal Matters Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
'(1) Whenever in the course of any inquest proceedings it appears to the judicial officer holding the inquest that the examination of a witness is necessary and that the attendance of such witness cannot be procured without such delay, expense or inconvenience as would in the circumstances be unreasonable, the judicial officer may dispense with such attendance and may appoint a person to be a commissioner to take the evidence of such witness within the Republic in regard to such matters or facts as the judicial officer may indicate, and thereupon the provisions of section 171 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall mutatis mutandis apply.'.
'(1) Whenever a commission rogatoire or letter of request in connection with any civil proceedings received from any State or territory or court outside the Republic, is transmitted to the registrar of a provincial or local division by the Director-General: Justice, together with a translation in English or Afrikaans if the original is in any other language, and an intimation that the Minister considers it desirable that effect should be given thereto without requiring an application to be made to such division by the agents, if any, of the parties to the action or matter, the registrar shall submit the same to a judge in chambers in order to give effect to such commission rogatoire or letter of request.'.
Act 80 of 1962 Foreign Courts Evidence Act, 1962 1.
INTERNATIONAL CO-OPERATION IN CRIMINAL MATTERS ACT 75 OF 19 Page 16 of 19 or local division of the Supreme Court of South Africa, it appears to the court or any judge that a court of law of competent jurisdiction outside the Republic, before which any civil proceedings are pending, is desirous of obtaining the evidence in relation to such proceedings of any witness within the jurisdiction of such division, the court or judge hearing the application may grant an order for the examination of such witness before a person named in such order.
Such an order shall not be granted if it appears to the court or judge that the evidence required is the furnishing of information in contravention of the provisions of section 1 of the Protection of Businesses Act, 1978 (Act 19 of 1978).'.
The amendment of section 4 by the deletion of subsection (3).
'(1) Whenever a subpoena purporting to be issued by the proper officer of a competent court of law in any territory mentioned in the Second Schedule for the attendance in any civil proceedings before that court of any person, is received from such officer by any magistrate within whose area of jurisdiction such person resides or is, such magistrate shall, if he or she is satisfied that the subpoena was lawfully issued, endorse it for service upon such person, whereupon it may be served as if it were a subpoena issued in the court of such magistrate in proceedings similar to those in connection with which it was issued.'.
The repeal of section 12.
Act 51 of 1977 Criminal Procedure Act, 1977 1.
INTERNATIONAL CO-OPERATION IN CRIMINAL MATTERS ACT 75 OF 19 Page 17 of 19 attendance of such witness cannot be obtained without undue delay, expense or inconvenience the court may dispense with such attendance and issue a commission to any magistrate.'
(a) The magistrate to whom the commission is issued, shall proceed to the place where the witness is or shall summon the witness before him or her, and take down the evidence in the manner set out in paragraph (b).
The witness shall give his or her evidence upon oath or affirmation, and such evidence shall be recorded and read over to the witness, and if he or she adheres thereto be subscribed by him or her and the magistrate concerned.'
by the deletion of paragraph (c) in subsection (2).
Judgments Act, 1988 case of a private prosecutor, in person, and examine the witness.'.
The Magistrate shall return the evidence in question to the court which issued the commission, and such evidence shall be open to the inspection of the parties to the proceedings and shall, in so far as it is admissible as evidence in such proceedings, form part of the record of such court.'.
no person shall in compliance with or in response to any order, direction, interrogatory, commission rogatoire, letters of request or any other request issued or emanating from outside the Republic in connection with any civil proceedings, furnish any information as to any business whether carried on in or outside the Republic.'.
<fn>GOV-ZA.1996077En.2012-02-10.en.txt</fn>
To amend the Extradition Act, 1962, so as to add certain definitions and to amend a definition; to provide for the designation of States to which extradition may be effected in the absence of formal agreements; to further provide in respect of persons liable to be extradited; to further provide in respect of the issuing of warrants of arrest of persons and for further detention; to grant to the Minister certain powers after a warrant has been issued; to make further arrangements in connection with the evidence that may be received by a magistrate at the enquiry of a detained person; to further regulate the holding of enquiries concerning offences committed in foreign and associated States; to grant to the Minister the power to refuse extradition under certain circumstances; and to further regulate the procedure regarding an appeal by a person against whom an order for extradition has been issued; and to provide for matters connected therewith.
1 Amends section 1 of the Extradition Act 67 of 1962 , as follows: paragraph (a) inserts the definitions of 'designated State' and 'extraditable offence'; and paragraph (b) substitutes the definition of 'extradition agreement'.
substitutes the words preceding subsection (3) (a) ; paragraph (d) substitutes subsection (3) (a) ; paragraph (e) deletes subsection (3) (b); paragraph (f) inserts subsection (3) ter ; and paragraph (g) deletes subsection (5).
substitutes subsection (2); and paragraph (b) adds subsection (3).
5 Amends section 7 of the Extradition Act 67 of 1962 by substituting subsection (2).
6 Amends section 8 of the Extradition Act 67 of 1962 by adding subsection (2), the existing section becoming subsection (1).
7 Amends section 9 (3) of the Extradition Act 67 of 1962 , as follows: paragraph (a) substitutes the words preceding paragraph (a) ; and paragraph (b) substitutes paragraph (a).
8 to 10 inclusive Substitute sections 10, 11 and 12, respectively, of the Extradition Act 67 of 1962.
12 Adds Schedule B to the Extradition Act 67 of 1962 , the existing Schedule becoming Schedule A.
13 Amends section 23 of the Extradition Act 67 of 1962 by substituting the expression 'Schedule A' for the word 'Schedule'.
Any enquiry pending before a magistrate in terms of section 9 (1) of the principal Act, immediately before the commencement of this Act, shall be continued and concluded as if this Act has not been passed.
has discharged a person in terms of section 10 (3) or 12 (3), of the principal Act.
This Act shall be called the Extradition Amendment Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.1996108En.2012-02-10.en.txt</fn>
(Manner of reference to Act, previously 'Constitution of the Republic of South Africa, Act 108 of 1996 ', substituted by s. 1 (1) of Act 5 of 2005.
[ASSENTED TO 16 DECEMBER 1996] [DATE OF COMMENCEMENT: 4 FEBRUARY 1997] (Unless otherwise indicated - see also s.
To introduce a new Constitution for the Republic of South Africa and to provide for matters incidental thereto.
[Schedule 1A inserted by s. 4 of the Constitution Twelfth Amendment Act of 2005.
Schedule 6A.
[Schedule 6A inserted by s. 6 of the Constitution Tenth Amendment Act of 2003 and repealed by s. 6 of the Constitution Fourteenth Amendment Act of 2008.
[Schedule 6B, previously Schedule 6A, inserted by s. 2 of the Constitution Eighth Amendment Act of 2002, renumbered by s. 6 of the Constitution Tenth Amendment Act of 2003 and repealed by s. 5 of the Constitution Fifteenth Amendment Act of 2008.
Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Human dignity, the achievement of equality and the advancement of human rights and freedoms.
Non-racialism and non-sexism.
Supremacy of the constitution and the rule of law.
Universal adult suffrage, a national common voters roll, regular elections and a multi-party system of democratic government, to ensure accountability, responsiveness and openness.
This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.
There is a common South African citizenship.
equally entitled to the rights, privileges and benefits of citizenship; and equally subject to the duties and responsibilities of citizenship.
National legislation must provide for the acquisition, loss and restoration of citizenship.
The national anthem of the Republic is determined by the President by proclamation.
The national flag of the Republic is black, gold, green, white, red and blue, as described and sketched in Schedule 1.
The national government and provincial governments may use any particular official languages for the purposes of government, taking into account usage, practicality, expense, regional circumstances and the balance of the needs and preferences of the population as a whole or in the province concerned; but the national government and each provincial government must use at least two official languages.
Municipalities must take into account the language usage and preferences of their residents.
The national government and provincial governments, by legislative and other measures, must regulate and monitor their use of official languages. Without detracting from the provisions of subsection (2), all official languages must enjoy parity of esteem and must be treated equitably.
This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
The state must respect, protect, promote and fulfil the rights in the Bill of Rights.
The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
A provision of the Bill of Rights binds a natural or a juristic person if, and to the extent that, it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.
in order to give effect to a right in the Bill, must apply, or if necessary develop, the common law to the extent that legislation does not give effect to that right; and may develop rules of the common law to limit the right, provided that the limitation is in accordance with section 36 (1).
A juristic person is entitled to the rights in the Bill of Rights to the extent required by the nature of the rights and the nature of that juristic person.
Everyone is equal before the law and has the right to equal protection and benefit of the law.
Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.
The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.
Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.
Everyone has inherent dignity and the right to have their dignity respected and protected.
Everyone has the right to life.
to security in and control over their body; and not to be subjected to medical or scientific experiments without their informed consent.
not to be treated or punished in a cruel, inhuman or degrading way.
No one may be subjected to slavery, servitude or forced labour.
their possessions seized; or the privacy of their communications infringed.
Everyone has the right to freedom of conscience, religion, thought, belief and opinion.
This section does not prevent legislation recognising marriages concluded under any tradition, or a system of religious, personal or family law; or systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.
Recognition in terms of paragraph (a) must be consistent with this section and the other provisions of the Constitution.
attendance at them is free and voluntary.
freedom of artistic creativity; and academic freedom and freedom of scientific research.
incitement of imminent violence; or advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.
Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.
Everyone has the right to freedom of association.
to participate in the activities of, or recruit members for, a political party; and to campaign for a political party or cause.
Every citizen has the right to free, fair and regular elections for any legislative body established in terms of the Constitution.
to stand for public office and, if elected, to hold office.
No citizen may be deprived of citizenship.
Everyone has the right to freedom of movement.
Everyone has the right to leave the Republic.
Every citizen has the right to enter, to remain in and to reside anywhere in, the Republic.
Every citizen has the right to a passport.
Every citizen has the right to choose their trade, occupation or profession freely. The practice of a trade, occupation or profession may be regulated by law.
Everyone has the right to fair labour practices.
to form and join an employers' organisation; and to participate in the activities and programmes of an employers' organisation.
to organise; and to form and join a federation.
Every trade union, employers' organisation and employer has the right to engage in collective bargaining. National legislation may be enacted to regulate collective bargaining. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36 (1).
National legislation may recognise union security arrangements contained in collective agreements. To the extent that the legislation may limit a right in this Chapter the limitation must comply with section 36 (1).
secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.
No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.
Property may be expropriated only in terms of law of general application for a public purpose or in the public interest; and subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.
the extent of direct state investment and subsidy in the acquisition and beneficial capital improvement of the property; and the purpose of the expropriation.
the public interest includes the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources; and property is not limited to land.
The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.
A person or community whose tenure of land is legally insecure as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to tenure which is legally secure or to comparable redress.
A person or community dispossessed of property after 19 June 1913 as a result of past racially discriminatory laws or practices is entitled, to the extent provided by an Act of Parliament, either to restitution of that property or to equitable redress.
No provision of this section may impede the state from taking legislative and other measures to achieve land, water and related reform, in order to redress the results of past racial discrimination, provided that any departure from the provisions of this section is in accordance with the provisions of section 36 (1).
Parliament must enact the legislation referred to in subsection (6).
Everyone has the right to have access to adequate housing.
The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.
No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.
The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights.
No one may be refused emergency medical treatment.
social security, including, if they are unable to support themselves and their dependents, appropriate social assistance.
A child's best interests are of paramount importance in every matter concerning the child.
In this section 'child' means a person under the age of 18 years.
not to be used directly in armed conflict, and to be protected in times of armed conflict.
to a basic education, including adult basic education; and to further education, which the state, through reasonable measures, must make progressively available and accessible.
Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable.
practicability; and the need to redress the results of past racially discriminatory laws and practices.
are registered with the state; and maintain standards that are not inferior to standards at comparable public educational institutions.
Subsection (3) does not preclude state subsidies for independent educational institutions.
Everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights.
to enjoy their culture, practise their religion and use their language; and to form, join and maintain cultural, religious and linguistic associations and other organs of civil society.
The rights in subsection (1) may not be exercised in a manner inconsistent with any provision of the Bill of Rights.
National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state.
any information that is held by another person and that is required for the exercise or protection of any rights.
Everyone has the right to administrative action that is lawful, reasonable and procedurally fair.
Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.
and (2); and promote an efficient administration.
chosen medical practitioner.
Whenever this section requires information to be given to a person, that information must be given in a language that the person understands.
Evidence obtained in a manner that violates any right in the Bill of Rights must be excluded if the admission of that evidence would render the trial unfair or otherwise be detrimental to the administration of justice.
to be released from detention if the interests of justice permit, subject to reasonable conditions.
of appeal to, or review by, a higher court.
the relation between the limitation and its purpose; and less restrictive means to achieve the purpose.
Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.
the life of the nation is threatened by war, invasion, general insurrection, disorder, natural disaster or other public emergency; and the declaration is necessary to restore peace and order.
A declaration of a state of emergency, and any legislation enacted or other action taken in consequence of that declaration, may be effective only prospectively; and for no more than 21 days from the date of the declaration, unless the National Assembly resolves to extend the declaration. The Assembly may extend a declaration of a state of emergency for no more than three months at a time. The first extension of the state of emergency must be by a resolution adopted with a supporting vote of a majority of the members of the Assembly. Any subsequent extension must be by a resolution adopted with a supporting vote of at least 60 per cent of the members of the Assembly.
is published in the national Government Gazette as soon as reasonably possible after being enacted.
any derogation from this section; or any derogation from a section mentioned in column 1 of the Table of Non-Derogable Rights, to the extent indicated opposite that section in column 3 of the Table.
any legislation enacted, or other action taken, in consequence of a declaration of a state of emergency.
the rights in subparagraphs (i) and (ii) of subsection (1) (g) ; and subsection (1) (i) in respect of children of 15 years and younger.
the rights in paragraphs (a) to (o) of subsection (3), excluding paragraph subsection (4); and subsection (5) with respect to the exclusion of evidence if the admission of that evidence would render the trial unfair.
An adult family member or friend of the detainee must be contacted as soon as reasonably possible, and informed that the person has been detained.
A notice must be published in the national Government Gazette within five days of the person being detained, stating the detainee's name and place of detention and referring to the emergency measure in terms of which that person has been detained.
The detainee must be allowed to choose, and be visited at any reasonable time by, a medical practitioner.
The detainee must be allowed to choose, and be visited at any reasonable time by, a legal representative.
A court must review the detention as soon as reasonably possible, but no later than 10 days after the date the person was detained, and the court must release the detainee unless it is necessary to continue the detention to restore peace and order.
A detainee who is not released in terms of a review under paragraph (e) , or who is not released in terms of a review under this paragraph, may apply to a court for a further review of the detention at any time after 10 days have passed since the previous review, and the court must release the detainee unless it is still necessary to continue the detention to restore peace and order.
The detainee must be allowed to appear in person before any court considering the detention, to be represented by a legal practitioner at those hearings, and to make representations against continued detention.
The state must present written reasons to the court to justify the continued detention of the detainee, and must give a copy of those reasons to the detainee at least two days before the court reviews the detention.
grounds unless the state first shows a court good cause for re-detaining that person.
Subsections (6) and (7) do not apply to persons who are not South African citizens and who are detained in consequence of an international armed conflict. Instead, the state must comply with the standards binding on the Republic under international humanitarian law in respect of the detention of such persons.
Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights.
anyone acting in the public interest; and an association acting in the interest of its members.
must consider international law; and may consider foreign law.
When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.
The Bill of Rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill.
In the Republic, government is constituted as national, provincial and local spheres of government which are distinctive, interdependent and interrelated.
All spheres of government must observe and adhere to the principles in this Chapter and must conduct their activities within the parameters that the Chapter provides.
An Act of Parliament must establish or provide for structures and institutions to promote and facilitate intergovernmental relations; and provide for appropriate mechanisms and procedures to facilitate settlement of intergovernmental disputes.
An organ of state involved in an intergovernmental dispute must make every reasonable effort to settle the dispute by means of mechanisms and procedures provided for that purpose, and must exhaust all other remedies before it approaches a court to resolve the dispute.
If a court is not satisfied that the requirements of subsection (3) have been met, it may refer a dispute back to the organs of state involved.
avoiding legal proceedings against one another.
the National Assembly; and the National Council of Provinces.
The National Assembly and the National Council of Provinces participate in the legislative process in the manner set out in the Constitution.
The National Assembly is elected to represent the people and to ensure government by the people under the Constitution. It does this by choosing the President, by providing a national forum for public consideration of issues, by passing legislation and by scrutinizing and overseeing executive action.
The National Council of Provinces represents the provinces to ensure that provincial interests are taken into account in the national sphere of government. It does this mainly by participating in the national legislative process and by providing a national forum for public consideration of issues affecting the provinces.
The President may summon Parliament to an extraordinary sitting at at any time conduct special business.
The seat of Parliament is Cape Town, but an Act of Parliament enacted in accordance with section 76 (1) and (5) may determine that the seat of Parliament is elsewhere.
of the provincial sphere of government is vested in the provincial legislatures, as set out in section 104; and of the local sphere of government is vested in the Municipal Councils, as set out in section 156.
to consider, in accordance with section 75, any other legislation passed by the National Assembly.
Legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning any matter listed in Schedule 4 is, for all purposes, legislation with regard to a matter listed in Schedule 4.
When exercising its legislative authority; Parliament is bound only by the Constitution, and must act in accordance with, and within the limits of, the Constitution.
to prevent unreasonable action taken by a province which is prejudicial to the interests of another province or to the country as a whole.
any joint committees established in terms of paragraph (b).
Cabinet members, members of the National Assembly and delegates to the National Council of Provinces have the same privileges and immunities before a joint committee of the Assembly and the Council as they have before the Assembly or the Council.
provides for a minimum voting age of 18 years; and results, in general, in proportional representation.
An Act of Parliament must provide a formula for determining the number of members of the National Assembly.
[Sub-s. (1) amended by s. 1 of the Constitution Tenth Amendment Act of 2003 and by s. 1 of the Constitution Fifteenth Amendment Act of 2008.
A person who is not eligible to be a member of the National Assembly in terms of subsection (1) (a) or (b) may be a candidate for the Assembly, subject to any limits or conditions established by national legislation.
is absent from the Assembly without permission in circumstances for which the rules and orders of the Assembly prescribe loss of membership; or ceases to be a member of the party that nominated that person as a member of the Assembly.
anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months' imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.
[Sub-s. (3) substituted by s. 2 of the Constitution Tenth Amendment Act of 2003 and by s. 2 of the Constitution Fifteenth Amendment Act of 2008.
Vacancies in the National Assembly must be filled in terms of national legislation.
Before members of the National Assembly begin to perform their functions in the Assembly, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
The National Assembly is elected for a term of five years.
If the National Assembly is dissolved in terms of section 50, or when its term expires, the President, by proclamation, must call and set dates for an election, which must be held within 90 days of the date the Assembly was dissolved or its term expired. A proclamation calling and setting dates for an election may be issued before or after the expiry of the term of the National Assembly.
[Sub-s. (2) substituted by s. 1 of the Constitution Fifth Amendment Act of 1999.
If the result of an election of the National Assembly is not declared within the period established in terms of section 190, or if an election is set aside by a court, the President, by proclamation, must call and set dates for another election, which must be held within 90 days of the expiry of that period or of the date on which the election was set aside.
The National Assembly remains competent to function from the time it is dissolved or its term expires, until the day before the first day of polling for the next Assembly.
there is a vacancy in the office of President; and the Assembly fails to elect a new President within 30 days after the vacancy occurred.
three years have passed since the Assembly was elected.
After an election, the first sitting of the National Assembly must take place at a time and on a date determined by the Chief Justice, but not more than 14 days after the election result has been declared. The Assembly may determine the time and duration of its other sittings and its recess periods.
[Sub-s. (1) substituted by s. 1 of the Constitution Sixth Amendment Act of 2001.
The President may summon the National Assembly to an extraordinary sitting at any time to conduct special business.
Sittings of the National Assembly are permitted at places other than the seat of Parliament only on the grounds of public interest, security or convenience, and if provided for in the rules and orders of the Assembly.
At the first sitting after its election, or when necessary to fill a vacancy, the National Assembly must elect a Speaker and a Deputy Speaker from among its members.
The Chief Justice must preside over the election of a Speaker, or designate another judge to do so. The Speaker presides over the election of a Deputy Speaker. [Sub-s. (2) substituted by s. 2 of the Constitution Sixth Amendment Act of 2001.
The procedure set out in Part A of Schedule 3 applies to the election of the Speaker and the Deputy Speaker.
The National Assembly may remove the Speaker or Deputy Speaker from office by resolution. A majority of the members of the Assembly must be present when the resolution is adopted.
In terms of its rules and orders, the National Assembly may elect from among its members other presiding officers to assist the Speaker and the Deputy Speaker.
The member of the National Assembly presiding at a meeting of the Assembly has no deliberative vote, but must cast a deciding vote when there is an equal number of votes on each side of a question; and may cast a deliberative vote when a question must be decided with a supporting vote of at least two thirds of the members of the Assembly.
all questions before the Assembly are decided by a majority of the votes cast.
The President and any member of the Cabinet or any Deputy Minister who is not a member of the National Assembly may, subject to the rules and orders of the Assembly, attend and speak in the Assembly, but may not vote.
[S. 54 substituted by s. 3 of the Constitution Sixth Amendment Act of 2001.
In exercising its legislative power, the National Assembly may consider, pass, amend or reject any legislation before the Assembly; and initiate or prepare legislation, except money Bills.
the exercise of national executive authority, including the implementation of legislation; and any organ of state.
compel, in terms of national legislation or the rules and orders, any person or institution to comply with a summons or requirement in terms of paragraph (a) or (b) ; and receive petitions, representations or submissions from any interested persons or institutions.
determine and control its internal arrangements, proceedings and procedures; and make rules and orders concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement.
financial and administrative assistance to each party represented in the Assembly in proportion to its representation, to enable the party and its leader to perform their functions in the Assembly effectively; and the recognition of the leader of the largest opposition party in the Assembly as the Leader of the Opposition.
anything that they have said in, produced before or submitted to the Assembly or any of its committees; or anything revealed as a result of anything that they have said in, produced before or submitted to the Assembly or any of its committees.
[Sub-s. (1) amended by s. 4 of the Constitution Sixth Amendment Act of 2001.
Other privileges and immunities of the National Assembly, Cabinet members and members of the Assembly may be prescribed by national legislation.
Salaries, allowances and benefits payable to members of the National Assembly are a direct charge against the National Revenue Fund.
The National Assembly may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.
to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person.
The National Council of Provinces is composed of a single delegation from each province consisting of ten delegates.
the Premier of the province or, if the Premier is not available, any member of the provincial legislature designated by the Premier either generally or for any specific business before the National Council of Provinces; and three other special delegates; and six permanent delegates appointed in terms of section 61 (2).
The Premier of a province, or if the Premier is not available, a member of the province's delegation designated by the Premier, heads the delegation.
Parties represented in a provincial legislature are entitled to delegates in the province's delegation in accordance with the formula set out in Part B of Schedule 3.
determine, in accordance with national legislation, how many of each party's delegates are to be permanent delegates and how many are to be special delegates; and appoint the permanent delegates in accordance with the nominations of the parties.
[Para. (b) omitted by s. 1 of the Constitution Fourteenth Amendment Act of 2008.
s. 1 of the Constitution Fourteenth Amendment Act of 2008.
The national legislation envisaged in subsection (2) (a) must ensure the participation of minority parties in both the permanent and special delegates' components of the delegation in a manner consistent with democracy.
The legislature, with the concurrence of the Premier and the leaders of the parties entitled to special delegates in the province's delegation, must designate special delegates, as required from time to time, from among the members of the legislature.
Sub-s. (2) substituted by s.
A person nominated as a permanent delegate must be eligible to be a member of the provincial legislature.
If a person who is a member of a provincial legislature is appointed as a permanent delegate, that person ceases to be a member of the legislature.
immediately before the first sitting of the provincial legislature after its next election.
[Para. (b) omitted by s. 2 of the Constitution Fourteenth Amendment Act of 2008.
[Sub-s. (3) substituted by s. 2 of the Constitution Ninth Amendment Act of 2002 and by s. 2 of the Constitution Fourteenth Amendment Act of 2008.
ceases to be a member of the party that nominated that person and is recalled by that party; or is absent from the National Council of Provinces without permission in circumstances for which the rules and orders of the Council prescribe loss of office as a permanent delegate.
Vacancies among the permanent delegates must be filled in terms of national legislation.
Before permanent delegates begin to perform their functions in the National Council of Provinces, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
The National Council of Provinces may determine the time and duration of its sittings and its recess periods.
The President may summon the National Council of Provinces to an extraordinary sitting at any time to conduct special business.
Sittings of the National Council of Provinces are permitted at places other than the seat of Parliament only on the grounds of public interest, security or convenience, and if provided for in the rules and orders of the Council.
The National Council of Provinces must elect a Chairperson and two Deputy Chairpersons from among the delegates.
The Chairperson and one of the Deputy Chairpersons are elected from among the permanent delegates for five years unless their terms as delegates expire earlier.
The other Deputy Chairperson is elected for a term of one year, and must be succeeded by a delegate from another province, so that every province is represented in turn.
The Chief Justice must preside over the election of the Chairperson, or designate another judge to do so. The Chairperson presides over the election of the Deputy Chairpersons.
[Sub-s. (4) substituted by s. 5 of the Constitution Sixth Amendment Act of 2001.
The procedure set out in Part A of Schedule 3 applies to the election of the Chairperson and the Deputy Chairpersons.
The National Council of Provinces may remove the Chairperson or a Deputy Chairperson from office.
In terms of its rules and orders, the National Council of Provinces may elect from among the delegates other presiding officers to assist the Chairperson and Deputy Chairpersons.
An Act of Parliament, enacted in accordance with the procedure established by either subsection (1) or subsection (2) of section 76, must provide for a uniform procedure in terms of which provincial legislatures confer authority on their delegations to cast votes on their behalf.
all questions before the National Council of Provinces are agreed when at least five provinces vote in favour of the question.
Cabinet members and Deputy Ministers may attend, and may speak in, the National Council of Provinces, but may not vote.
The National Council of Provinces may require a Cabinet member, a Deputy Minister or an official in the national executive or a provincial executive to attend a meeting of the Council or a committee of the Council.
Not more than ten part-time representatives designated by organised local government in terms of section 163, to represent the different categories of municipalities, may participate when necessary in the proceedings of the National Council of Provinces, but may not vote.
consider, pass, amend, propose amendments to or reject any legislation before the Council, in accordance with this Chapter; and initiate or prepare legislation falling within a functional area listed in Schedule 4 or other legislation referred to in section 76 (3), but may not initiate or prepare money Bills.
the participation of all the provinces in its proceedings in a manner consistent with democracy; and the participation in the proceedings of the Council and its committees of minority parties represented in the Council, in a manner consistent with democracy, whenever a matter is to be decided in accordance with section 75.
anything that they have said in, produced before or submitted to the Council or any of its committees; or anything revealed as a result of anything that they have said in, produced before or submitted to the Council or any of its committees.
Other privileges and immunities of the National Council of Provinces, delegates to the Council and persons referred to in sections 66 and 67 may be prescribed by national legislation.
Salaries, allowances and benefits payable to permanent members of the National Council of Provinces are a direct charge against the National Revenue Fund.
The National Council of Provinces may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.
Any Bill may be introduced in the National Assembly.
a money Bill; or a Bill which provides for legislation envisaged in section 214.
[Sub-s. (2) substituted by s. 1 (a) of the Constitution Seventh Amendment Act of 2001.
A Bill referred to in section 76 (3), except a Bill referred to in subsection (2) (a) or of this section, may be introduced in the National Council of Provinces. [Sub-s. (3) substituted by s. 1 (b) of the Constitution Seventh Amendment Act of 2001.
Only a member or committee of the National Council of Provinces may introduce a Bill in the Council.
A Bill passed by the National Assembly must be referred to the National Council of Provinces if it must be considered by the Council. A Bill passed by the Council must be referred to the Assembly.
the National Council of Provinces, with a supporting vote of at least six provinces.
amends a provision that deals specifically with a provincial matter.
A Bill amending the Constitution may not include provisions other than constitutional amendments and matters connected with the amendments.
submit, in accordance with the rules and orders of the Assembly, those particulars to the provincial legislatures for their views; and submit, in accordance with the rules and orders of the National Council of Provinces, those particulars to the Council for a public debate, if the proposed amendment is not an amendment that is required to be passed by the Council.
to the Speaker for tabling in the National Assembly; and.
to the Chairperson of the National Council of Provinces for tabling in the Council.
A Bill amending the Constitution may not be put to the vote in the National Assembly within 30 days of its introduction, if the Assembly is sitting when the Bill is introduced; or its tabling in the Assembly, if the Assembly is in recess when the Bill is introduced.
If a Bill referred to in subsection (3) (b) , or any part of the Bill, concerns only a specific province or provinces, the National Council of Provinces may not pass the Bill or the relevant part unless it has been approved by the legislature or legislatures of the province or provinces concerned.
A Bill amending the Constitution that has been passed by the National Assembly and, where applicable, by the National Council of Provinces, must be referred to the President for assent.
at least one third of the delegates must be present before a vote may be taken on the question; and the question is decided by a majority of the votes cast, but if there is an equal number of votes on each side of the question, the delegate presiding must cast a deciding vote.
reject the Bill.
If the Council passes the Bill without proposing amendments, the Bill must be submitted to the President for assent.
decide not to proceed with the Bill.
A Bill passed by the Assembly in terms of paragraph (c) must be submitted to the President for assent.
If the Council passes the Bill without amendment, the Bill must be submitted to the President for assent.
A Bill passed by the Assembly in terms of paragraph (a) (i) must be submitted to the President for assent.
If the Assembly passes an amended Bill, the amended Bill must be referred to the Council, and if the Council passes the amended Bill, it must be submitted to the President for assent.
section 196; and section 197.
A Bill must be dealt with in accordance with the procedure established by subsection (1) if it provides for legislation envisaged in section 44 (2) or 220 (3); or envisaged in Chapter 13, and which includes any provision affecting the financial interests of the provincial sphere of government.
If the Council passes an amended Bill, the amended Bill must be referred to the Assembly, and if the Assembly passes the amended Bill, it must be submitted to the President for assent.
another version of the Bill.
If the Mediation Committee is unable to agree within 30 days of the Bill's referral to it, the Bill lapses unless the Assembly again passes the Bill, but with a supporting vote of at least two thirds of its members.
If the Mediation Committee agrees on the Bill as passed by the Assembly, the Bill must be referred to the Council, and if the Council passes the Bill, the Bill must be submitted to the President for assent.
If the Mediation Committee agrees on the amended Bill as passed by the Council, the Bill must be referred to the Assembly, and if it is passed by the Assembly, it must be submitted to the President for assent.
If the Mediation Committee agrees on another version of the Bill, that version of the Bill must be referred to both the Assembly and the Council, and if it is passed by the Assembly and the Council, it must be submitted to the President for assent.
If a Bill referred to the Council in terms of paragraph (f) or (h) is not passed by the Council, the Bill lapses unless the Assembly passes the Bill with a supporting vote of at least two thirds of its members.
If a Bill referred to the Assembly in terms of paragraph (g) or (h) is not passed by the Assembly, that Bill lapses, but the Bill as originally passed by the Assembly may again be passed by the Assembly, but with a supporting vote of at least two thirds of its members.
A Bill passed by the Assembly in terms of paragraph (e) , (i) or (j) must be submitted to the President for assent.
If the Mediation Committee is unable to agree within 30 days of the Bill's referral to it, the Bill lapses.
If the Mediation Committee-agrees on the Bill as passed by the Council, the Bill must be referred to the Assembly, and if the Assembly passes the Bill, the Bill must be submitted to the President for assent.
If the Mediation Committee agrees on the amended Bill as passed by the Assembly, the Bill must be referred to the Council, and if it is passed by the Council, it must be submitted to the President for assent.
If the Mediation Committee agrees on another version of the Bill, that version of the Bill must be referred to both the Council and the Assembly, and if it is passed by the Council and the Assembly, it must be submitted to the President for assent.
If a Bill referred to the Assembly in terms of paragraph (f) or (h) is not passed by the Assembly, the Bill lapses.
[Para. (b) substituted by s. 1 of the Constitution Eleventh Amendment Act of 2003.
This section does not apply to money Bills.
If the National Assembly considers a Bill envisaged in subsection (1) (g) or (h) , that Bill may be passed only if a majority of the members of the Assembly vote in favour of it.
If the National Assembly considers or reconsiders a Bill envisaged in subsection (1) (e) , (i) or (j) , that Bill may be passed only if at least two thirds of the members of the Assembly vote in favour of it.
abolishes or reduces, or grants exemptions from, any national taxes, levies, duties or surcharges; or authorises direct charges against the National Revenue Fund, except a Bill envisaged in section 214 authorising direct charges.
the granting of exemption from national taxes, levies, duties or surcharges; or the authorisation of direct charges against the National Revenue Fund.
All money Bills must be considered in accordance with the procedure established by section 75. An Act of Parliament must provide for a procedure to amend money Bills before Parliament.
[S. 77 substituted by s. 2 of the Constitution Seventh Amendment Act of 2001.
nine members of the National Assembly elected by the Assembly in accordance with a procedure that is prescribed by the rules and orders of the Assembly and results in the representation of parties in substantially the same proportion that the parties are represented in the Assembly; and one delegate from each provincial delegation in the National Council of Provinces, designated by the delegation.
at least five of the representatives of the National Assembly; and at least five of the representatives of the National Council of Provinces.
The President must either assent to and sign a Bill passed in terms of this Chapter or, if the President has reservations about the constitutionality of the Bill, refer it back to the National Assembly for reconsideration.
The joint rules and orders must provide for the procedure for the reconsideration of a Bill by the National Assembly and the participation of the National Council of Provinces in the process.
assent to and sign the Bill; or refer it to the Constitutional Court for a decision on its constitutionality.
If the Constitutional Court decides that the Bill is constitutional, the President must assent to and sign it.
section 74 (1), (2) or (3) (b) or 76 was applicable in the passing of the Bill.
Members of the National Assembly may apply to the Constitutional Court for an order declaring that all or part of an Act of Parliament is unconstitutional.
must be supported by at least one third of the members of the National Assembly; and must be made within 30 days of the date on which the President assented to and signed the Act.
the interests of justice require this; and the application has a reasonable prospect of success.
If an application is unsuccessful, and did not have a reasonable prospect of success, the Constitutional Court may order the applicants to pay costs.
A Bill assented to and signed by the President becomes an Act of Parliament, must be published promptly, and takes effect when published or on a date determined in terms of the Act.
The signed copy of an Act of Parliament is conclusive evidence of the provisions of that Act and, after publication, must be entrusted to the Constitutional Court for safekeeping.
must uphold, defend and respect the Constitution as the supreme law of the Republic; and promotes the unity of the nation and that which will advance the Republic.
The President has the powers entrusted by the Constitution and legislation, including those necessary to perform the functions of Head of State and head of the national executive.
pardoning or reprieving offenders and remitting any fines, penalties or forfeitures; and conferring honours.
The executive authority of the Republic is vested in the President.
preparing and initiating legislation; and performing any other executive function provided for in the Constitution or in national legislation.
At its first sitting after its election, and whenever necessary to fill a vacancy, the National Assembly must elect a woman or a man from among its members to be the President.
The Chief Justice must preside over the election of the President, or designate another judge to do so. The procedure set out in Part A of Schedule 3 applies to the election of the President.
[Sub-s. (2) substituted by s. 6 of the Constitution Sixth Amendment Act of 2001.
An election to fill a vacancy in the office of President must be held at a time and on a date determined by the Chief Justice, but not more than 30 days after the vacancy occurs.
[Sub-s. (3) substituted by s. 6 of the Constitution Sixth Amendment Act of 2001.
When elected President, a person ceases to be a member of the National Assembly and, within five days, must assume office by swearing or affirming faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
The President's term of office begins on assuming office and ends upon a vacancy occurring or when the person next elected President assumes office.
No person may hold office as President for more than two terms, but when a person is elected to fill a vacancy in the office of President, the period between that election and the next election of a President is not regarded as a term.
serious misconduct; or inability to perform the functions of office.
or (b) may not receive any benefits of that office, and may not serve in any public office.
The Deputy President.
A Minister designated by the President.
An Acting President has the responsibilities, powers and functions of the President.
Before assuming the responsibilities, powers and functions of the President, the Acting President must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
A person who as Acting President has sworn or affirmed faithfulness to the Republic need not repeat the swearing or affirming procedure for any subsequent term as acting President during the period ending when the person next elected President assumes office.
A Minister designated by the other members of the Cabinet.
The Speaker, until the National Assembly designates one of its other members.
[Sub-s. (4) added by s. 1 of the Constitution First Amendment Act of 1997.
The Cabinet consists of the President, as head of the Cabinet, a Deputy President and Ministers.
The President appoints the Deputy President and Ministers, assigns their powers and functions, and may dismiss them.
may select any number of Ministers from among the members of the National Assembly; and may select no more than two Ministers from outside the Assembly.
The President must appoint a member of the Cabinet to be the leader of government business in the National Assembly.
The Deputy President must assist the President in the execution of the functions of government.
The Deputy President and Ministers are responsible for the powers and functions of the executive assigned to them by the President.
Members of the Cabinet are accountable collectively and individually to Parliament for the exercise of their powers and the performance of their functions.
act in accordance with the Constitution; and provide Parliament with full and regular reports concerning matters under their control.
The President may appoint any number of Deputy Ministers from among the members of the National Assembly; and no more than two Deputy Ministers from outside the Assembly, to assist the members of the Cabinet, and may dismiss them.
Deputy Ministers appointed in terms of subsection (1) (b) are accountable to Parliament for the exercise of their powers and the performance of their functions.
[S. 93 substituted by s. 7 of the Constitution Sixth Amendment Act of 2001.
When an election of the National Assembly is held, the Cabinet, the Deputy President, Ministers and any Deputy Ministers remain competent to function until the person elected President by the next Assembly assumes office.
Before the Deputy President, Ministers and any Deputy Ministers begin to perform their functions, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
Members of the Cabinet and Deputy Ministers must act in accordance with a code of ethics prescribed by national legislation.
act in any way that is inconsistent with their office, or expose themselves to any situation involving the risk of a conflict between their official responsibilities and private interests; or use their position or any information entrusted to them, to enrich themselves or improperly benefit any other person.
the administration of any legislation entrusted to another member; or any power or function entrusted by legislation to another member.
The President may assign to a Cabinet member any power or function of another member who is absent from office or is unable to exercise that power or perform that function.
A Cabinet member may assign any power or function that is to be exercised or performed in terms of an Act of Parliament to a member of a provincial Executive Council or to a Municipal Council.
must be consistent with the Act of Parliament in terms of which the relevant power or function is exercised or performed; and takes effect upon proclamation by the President.
prevent that province from taking unreasonable action that is prejudicial to the interests of another province or to the country as a whole.
[Sub-s. (1) amended by s. 2 (b) of the Constitution Eleventh Amendment Act of 2003.
the intervention must end if the Council disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention; and the Council must, while the intervention continues, review the intervention regularly and may make any appropriate recommendations to the national executive.
[Sub-s. (2) substituted by s. 2 (c) of the Constitution Eleventh Amendment Act of 2003.
National legislation may regulate the process established by this section.
[S. 100 amended by s. 2 (a) of the Constitution Eleventh Amendment Act of 2003.
is taken in terms of legislation; or has legal consequences.
A written decision by the President must be countersigned by another Cabinet member if that decision concerns a function assigned to that other Cabinet member.
Proclamations, regulations and other instruments of subordinate legislation must be accessible to the public.
tabled in Parliament; and approved by Parliament.
If the National Assembly, by a vote supported by a majority of its members, passes a motion of no confidence in the Cabinet excluding the President, the President must reconstitute the Cabinet.
If the National Assembly, by a vote supported by a majority of its members, passes a motion of no confidence in the President, the President and the other members of the Cabinet and any Deputy Ministers must resign.
[Sub-s. (1) amended by s. 3 of the Constitution Eleventh Amendment Act of 2003 and substituted by s. 1 of the Constitution Twelfth Amendment Act of 2005.
The geographical areas of the respective provinces comprise the sum of the indicated geographical areas reflected in the various maps referred to in the Notice listed in Schedule 1A.
[Sub-s. (2) substituted by s. 1 of the Constitution Twelfth Amendment Act of 2005.
Whenever the geographical area of a province is re-determined by an amendment to the Constitution, an Act of Parliament may provide for measures to regulate, within a reasonable time, the legal, practical and any other consequences of the re-determination.
An Act of Parliament envisaged in paragraph (a) may be enacted and implemented before such amendment to the Constitution takes effect, but any provincial functions, assets, rights, obligations, duties or liabilities may only be transferred in terms of that Act after that amendment to the Constitution takes effect.
[Sub-s. (3) added by s. 1 of the Constitution Twelfth Amendment Act of 2005.
[Date of commencement of s. 103 (3): 23 December 2005.
any matter for which a provision of the Constitution envisages the enactment of provincial legislation; and to assign any of its legislative powers to a Municipal Council in that province.
The legislature of a province, by a resolution adopted with a supporting vote of at least two thirds of its members, may request Parliament to change the name of that province.
A provincial legislature is bound only by the Constitution and, if it has passed a constitution for its province, also by that constitution, and must act in accordance with, and within the limits of, the Constitution and that provincial constitution.
Provincial legislation with regard to a matter that is reasonably necessary for, or incidental to, the effective exercise of a power concerning any matter listed m Schedule 4, is for all purposes legislation with regard to a matter listed in Schedule 4.
A provincial legislature may recommend to the National Assembly legislation concerning any matter outside the authority of that legislature, or in respect of which an Act of Parliament prevails over a provincial law.
[Sub-s. (1) amended by s. 3 of the Constitution Tenth Amendment Act of 2003 and by s. 3 of the Constitution Fourteenth Amendment Act of 2008.
A provincial legislature consists of between 30 and 80 members. The number of members, which may differ among the provinces, must be determined in terms of a formula prescribed by national legislation.
anyone declared to be of unsound mind by a court of the Republic; or anyone who, after this section took effect, is convicted of an offence and sentenced to more than 12 months' imprisonment without the option of a fine, either in the Republic, or outside the Republic if the conduct constituting the offence would have been an offence in the Republic, but no one may be regarded as having been sentenced until an appeal against the conviction or sentence has been determined, or until the time for an appeal has expired. A disqualification under this paragraph ends five years after the sentence has been completed.
A person who is not eligible to be a member of a provincial legislature in terms of subsection (1) (a) or (b) may be a candidate for the legislature, subject to any limits or conditions established by national legislation.
is absent from the legislature without permission in circumstances for which the rules and orders of the legislature prescribe loss of membership; or ceases to be a member of the party that nominated that person as a member of the legislature.
[Sub-s. (3) substituted by s. 4 of the Constitution Tenth Amendment Act of 2003 and by s. 4 of the Constitution Fourteenth Amendment Act of 2008.
Vacancies in a provincial legislature must be filled in terms of national legislation.
Before members of a provincial legislature begin to perform their functions in the legislature, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
A provincial legislature is elected for a term of five years.
If a provincial legislature is dissolved in terms of section 109, or when its term expires, the Premier of the province, by proclamation, must call and set dates for an election, which must be held within 90 days of the date the legislature was dissolved or its term expired. A proclamation calling and setting dates for an election may be issued before or after the expiry of the term of a provincial legislature.
[Sub-s. (2) substituted by s. 1 of the Constitution Fourth Amendment Act of 1999.
If the result of an election of a provincial legislature is not declared within the period referred to in section 190, or if an election is set aside by a court, the President, by proclamation, must call and set dates for another election, which must be held within 90 days of the expiry of that period or of the date on which the election was set aside.
A provincial legislature remains competent to function from the time it is dissolved or its term expires, until the day before the first day of polling for the next legislature.
the legislature has adopted a resolution to dissolve with a supporting vote of a majority of its members; and three years have passed since the legislature was elected.
there is a vacancy in the office of Premier; and the legislature fails to elect a new Premier within 30 days after the vacancy occurred.
After an election, the first sitting of a provincial legislature must take place at a time and on a date determined by a judge designated by the Chief Justice, but not more than 14 days after the election result has been declared. A provincial legislature may determine the time and duration of its other sittings and its recess periods.
[Sub-s. (1) substituted by s. 8 of the Constitution Sixth Amendment Act of 2001.
The Premier of a province may summon the provincial legislature to an extraordinary sitting at any time to conduct special business.
A provincial legislature may determine where it ordinarily will sit.
At the first sitting after its election, or when necessary to fill a vacancy, a provincial legislature must elect a Speaker and a Deputy Speaker from among its members.
A judge designated by the Chief Justice must preside over the election of a Speaker. The Speaker presides over the election of a Deputy Speaker.
[Sub-s. (2) substituted by s. 9 of the Constitution Sixth Amendment Act of 2001.
The procedure set out in Part A of Schedule 3 applies to the election of Speakers and Deputy Speakers.
A provincial legislature may remove its Speaker or Deputy Speaker from office by resolution. A majority of the members of the legislature must be present when the resolution is adopted.
In terms of its rules and orders, a provincial legislature may elect from among its members other presiding officers to assist the Speaker and the Deputy Speaker.
at least one third of the members must be present before a vote may be taken on any other question before the legislature; and all questions before a provincial legislature are decided by a majority of the votes cast.
must cast a deciding vote when there is an equal number of votes on each side of a question; and may cast a deliberative vote when a question must be decided with a supporting vote of at least two thirds of the members of the legislature.
A province's permanent delegates to the National Council of Provinces may attend, and may speak in, their provincial legislature and its committees, but may not vote. The legislature may require a permanent delegate to attend the legislature or its committees.
consider, pass, amend or reject any Bill before the legislature; and initiate or prepare legislation, except money Bills.
the exercise of provincial executive authority in the province, including the implementation of legislation; and any provincial organ of state.
compel, in terms of provincial legislation or the rules and orders, any person or institution to comply with a summons or requirement in terms of paragraph (a) or (b) ; and receive petitions, representations or submissions from any interested persons or institutions.
A provincial legislature may determine and control its internal arrangements, proceedings and procedures; and make rules and orders concerning its business, with due regard to representative and participatory democracy, accountability, transparency and public involvement.
financial and administrative assistance to each party represented in the legislature, in proportion to its representation, to enable the party and its leader to perform their functions in the legislature effectively; and the recognition of the leader of the largest opposition party in the legislature, as the Leader of the Opposition.
anything that they have said in, produced before or submitted to the legislature or any of its committees; or anything revealed as a result of anything that they have said in, produced before or submitted to the legislature or any of its committees.
Other privileges and immunities of a provincial legislature and its members may be prescribed by national legislation.
Salaries, allowances and benefits payable to members of a provincial legislature are a direct charge against the Provincial Revenue Fund.
facilitate public involvement in the legislative and other processes of the legislature and its committees; and conduct its business in an open manner, and hold its sittings, and those of its committees, in public, but reasonable measures may be taken to regulate public access, including access of the media, to the legislature and its committees; and to provide for the searching of any person and, where appropriate, the refusal of entry to, or the removal of, any person.
A provincial legislature may not exclude the public, including the media, from a sitting of a committee unless it is reasonable and justifiable to do so in an open and democratic society.
Only members of the Executive Council of a province or a committee or member of a provincial legislature may introduce a Bill in the legislature; but only the member of the Executive Council who is responsible for financial matters in the province may introduce a money Bill in the legislature.
the granting of exemption from provincial taxes, levies, duties or surcharges; or the authorisation of direct charges against a Provincial Revenue Fund.
A provincial Act must provide for a procedure by which the province's legislature may amend a money Bill.
authorises direct charges against a Provincial Revenue Fund.
[S. 120 substituted by s. 3 of the Constitution Seventh Amendment Act of 2001.
The Premier of a province must either assent to and sign a Bill passed by the provincial legislature in terms of this Chapter or, if the Premier has reservations about the constitutionality of the Bill, refer it back to the legislature for reconsideration.
If, after reconsideration, a Bill fully accommodates the Premier's reservations, the Premier must assent to and sign the Bill; if not, the Premier must either assent to and sign the Bill; or refer it to the Constitutional Court for a decision on its constitutionality.
If the Constitutional Court decides that the Bill is constitutional, the Premier must assent to and; sign it.
Members of a provincial legislature may apply to the Constitutional Court for an order declaring that all or part of a provincial Act is unconstitutional.
must be supported by at least 20 per cent of the members of the legislature; and must be made within 30 days of the date on which the Premier assented to and signed the Act.
A Bill assented to and signed by the Premier of a province becomes a provincial Act, must be published promptly and takes effect when published or on a date determined in terms of the Act.
The signed copy of a provincial Act is conclusive evidence of the provisions of that Act and, after publication, must be entrusted to the Constitutional Court for safekeeping.
The executive authority of a province is vested in the Premier of that province.
preparing and initiating provincial legislation; and performing any other function assigned to the provincial executive in terms of the Constitution or an Act of Parliament.
A province has executive authority in terms of subsection (2) (b) only to the extent that the province has the administrative capacity to assume effective responsibility. The national government, by legislative and other measures, must assist provinces to develop the administrative capacity required for the effective exercise of their powers and performance of their functions referred to in subsection (2).
Any dispute concerning the administrative capacity of a province in regard to any function must be referred to the National Council of Provinces for resolution within 30 days of the date of the referral to the Council.
Subject to section 100, the implementation of provincial legislation in a province is an exclusive provincial executive power.
the Constitution; and the provincial constitution, if a constitution has been passed for the province.
A member of the Executive Council of a province may assign any power or function that is to be exercised or performed in terms of an Act of Parliament or a provincial Act, to a Municipal Council.
must be consistent with the Act in terms of which the relevant power or function is exercised or performed; and takes effect upon proclamation by the Premier.
The Premier of a province has the powers and functions entrusted to that office by the Constitution and any legislation.
appointing commissions of inquiry; and calling a referendum in the province in accordance with national legislation.
At its first sitting after its election, and whenever necessary to fill a vacancy, a provincial legislature must elect a woman or a man from among its members to be the Premier of the province.
A judge designated by the Chief Justice must preside over the election of the Premier. The procedure set out in Part A of Schedule 3 applies to the election of the Premier.
[Sub-s. (2) substituted by s. 10 of the Constitution Sixth Amendment Act of 2001.
An election to fill a vacancy in the office of Premier must be held at a time and on a date determined by the Chief Justice, but not later than 30 days after the vacancy occurs. [Sub-s. (3) substituted by s. 10 of the Constitution Sixth Amendment Act of 2001.
A Premier-elect must assume office within five days of being elected, by swearing or affirming faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
A Premier's term of office begins when the Premier assumes office and ends upon a vacancy occurring or when the person next elected Premier assumes office.
No person may hold office as Premier for more than two terms, but when a person is elected to fill a vacancy in the office of Premier, the period between that election and the next election of a Premier is not regarded as a term.
inability to perform the functions of office.
A member of the Executive Council designated by the Premier.
A member of the Executive Council designated by the other members of the Council.
The Speaker, until the legislature designates one of its other members.
An Acting Premier has the responsibilities, powers and functions of the Premier.
Before assuming the responsibilities, powers and functions of the Premier, the Acting Premier must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
The Executive Council of a province consists of the Premier, as head of the Council, and no fewer than five and no more than ten members appointed by the Premier from among the members of the provincial legislature.
The Premier of a province appoints the members of the Executive Council, assigns their powers and functions, and may dismiss them.
The members of the Executive Council of a province are responsible for the functions of the executive assigned to them by the Premier.
Members of the Executive Council of a province are accountable collectively and individually to the legislature for the exercise of their powers and the performance of their functions.
act in accordance with the Constitution and, if a provincial constitution has been passed for the province, also that constitution; and provide the legislature with full and regular reports concerning matters under their control.
When an election of a provincial legislature is held, the Executive Council and its members remain competent to function until the person elected Premier by the next legislature assumes office.
Before members of the Executive Council of a province begin to perform their functions, they must swear or affirm faithfulness to the Republic and obedience to the Constitution, in accordance with Schedule 2.
Members of the Executive Council of a province must act in accordance with a code of ethics prescribed by national legislation.
The Premier of a province may assign to a member of the Executive Council any power or function of another member who is absent from office or is unable to exercise that power or perform that function.
dissolving the Municipal Council and appointing an administrator until a newly elected Municipal Council has been declared elected, if exceptional circumstances warrant such a step.
the Cabinet member responsible for local government affairs disapproves the intervention within 28 days after the intervention began or by the end of that period has not approved the intervention; or the Council disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention; and the Council must, while the intervention continues, review the intervention regularly and may make any appropriate recommendations to the provincial executive.
the Cabinet member responsible for local government affairs; and the relevant provincial legislature and the National Council of Provinces; and the dissolution takes effect 14 days from the date of receipt of the notice by the Council unless set aside by that Cabinet member or the Council before the expiry of those 14 days.
appointing an administrator until a newly elected Municipal Council has been declared elected; and approving a temporary budget or revenue-raising measures to provide for the continued functioning of the municipality.
if the Municipal Council is not dissolved in terms of paragraph (b) , assume responsibility for the implementation of the recovery plan to the extent that the municipality cannot or does not otherwise implement the recovery plan.
within seven days after the intervention began.
If a provincial executive cannot or does not or does not adequately exercise the powers or perform the functions referred to in subsection (4) or (5), the national executive must intervene in terms of subsection (4) or (5) in the stead of the relevant provincial executive.
National legislation may regulate the implementation of this section, including the processes established by this section.
[S. 139 substituted by s. 4 of the Constitution Eleventh Amendment Act of 2003.
A written decision by the Premier must be countersigned by another Executive Council member if that decision concerns a function assigned to that other member.
Proclamations, regulations and other instruments of subordinate legislation of a province must be accessible to the public.
tabled in the provincial legislature; and approved by the provincial legislature.
If a provincial legislature, by a vote supported by a majority of its members, passes a motion of no confidence in the province's Executive Council excluding the Premier, the Premier must reconstitute the Council.
If a provincial legislature, by a vote supported by a majority of its members, passes a motion of no confidence in the Premier, the Premier and the other members of the Executive Council must resign.
A provincial legislature may pass a constitution for the province or, where applicable, amend its constitution, if at least two thirds of its members vote in favour of the Bill.
A provincial constitution, or constitutional amendment, must not be inconsistent with this Constitution, but may provide for provincial legislative or executive structures and procedures that differ from those provided for in this Chapter; or the institution, role, authority and status of a traditional monarch, where applicable.
must comply with the values in section 1 and with Chapter 3; and may not confer on the province any power or function that falls outside the area of provincial competence in terms of Schedules 4 and 5; or outside the powers and functions conferred on the province by other sections of the Constitution.
If a provincial legislature has passed or amended a constitution, the Speaker of the legislature must submit the text of the constitution or constitutional amendment to the Constitutional Court for certification.
that the text has been passed in accordance with section 142; and that the whole text complies with section 143.
The text assented to and signed by the Premier must be published in the national Government Gazette and takes effect on publication or on a later date determined in terms of that constitution or amendment.
The signed text of a provincial constitution or constitutional amendment is conclusive evidence of its provisions and, after publication, must be entrusted to the Constitutional Court for safekeeping.
This section applies to a conflict between national legislation and provincial legislation falling within a functional area listed in Schedule 4.
is prejudicial to the economic, health or security interests of another province or the country as a whole; or impedes the implementation of national economic policy.
When there is a dispute concerning whether national legislation is necessary for a purpose set out in subsection (2) (c) and that dispute comes before a court for resolution, the court must have due regard to the approval or the rejection of the legislation by the National Council of Provinces.
Provincial legislation prevails over national legislation if subsection (2) or (3) does not apply.
A law made in terms of an Act of Parliament or a provincial Act can prevail only if that law has been approved by the National Council of Provinces.
If the National Council of Provinces does not reach a decision within 30 days of its first sitting after a law was referred to it, that law must be considered for all purposes to have been approved by the Council.
If the National Council of Provinces does not approve a law referred to in subsection (6), it must, within 30 days of its decision, forward reasons for not approving the law to the authority that referred the law to it.
The national legislation deals with a matter that cannot be regulated effectively by legislation enacted by the respective provinces individually.
the protection of the environment.
national legislative intervention in terms of section 44 (2), the national legislation prevails over the provision of the provincial constitution; or a matter within a functional area listed in Schedule 4, section 146 applies as if the affected provision of the provincial constitution were provincial legislation referred to in that section.
National legislation referred to in section 44 (2) prevails over provincial legislation in respect of matters within the functional areas listed in Schedule 5.
If a dispute concerning a conflict cannot be resolved by a court, the national legislation prevails over the provincial legislation or provincial constitution.
A decision by a court that legislation prevails over other legislation does not invalidate that other legislation, but that other legislation becomes inoperative for as long as the conflict remains.
When considering an apparent conflict between national and provincial legislation, or between national legislation and a provincial constitution, every court must prefer any reasonable interpretation of the legislation or constitution that avoids a conflict, over any alternative interpretation that results in a conflict.
The local sphere of government consists of municipalities, which must be established for the whole of the territory of the Republic.
The executive and legislative authority of a municipality is vested in its Municipal Council.
A municipality has the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation, as provided for in the Constitution.
The national or a provincial government may not compromise or impede a municipality's ability or right to exercise its powers or perform its functions.
A municipality must strive, within its financial and administrative capacity, to achieve the objects set out in subsection (1).
to encourage the involvement of communities and community organisations in the matters of local government.
structure and manage its administration and budgeting and planning processes to give priority to the basic needs of the community, and to promote the social and economic development of the community; and participate in national and provincial development programmes.
The national government and provincial governments, by legislative and other measures, must support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions.
Draft national or provincial legislation that affects the status, institutions, powers or functions of local government must be published for public comment before it is introduced in Parliament or a provincial legislature, in a manner that allows organised local government, municipalities and other interested persons an opportunity to make representations with regard to the draft legislation.
Category A: A municipality that has exclusive municipal executive and legislative authority in its area.
Category B: A municipality that shares municipal executive and legislative authority in its area with a category C municipality within whose area it falls.
Category C: A municipality that has municipal executive and legislative authority in an area that includes more than one municipality.
National legislation must define the different types of municipality that may be established within each category.
The legislation referred to in subsection (3) must take into account the need to provide municipal services in an equitable and sustainable manner.
Provincial legislation must determine the different types of municipality to be established in the province.
provide for the monitoring and support of local government in the province; and promote the development of local government capacity to enable municipalities to perform their functions and manage their own affairs.
[Sub-s. (6A) inserted by s. 1 of the Constitution Third Amendment Act of 1998 and deleted by s. 2 of the Constitution Twelfth Amendment Act of 2005.
The national government, subject to section 44, and the provincial governments have the legislative and executive authority to see to the effective performance by municipalities of their functions in respect of matters listed in Schedules 4 and 5, by regulating the exercise by municipalities of their executive authority referred to in section 156 (1).
subject to section 229, make provision for an appropriate division of powers and functions between municipalities when an area has municipalities of both category B and category C. A division of powers and functions between a category B municipality and a category C municipality may differ from the division of powers and functions between another category B municipality and that category C municipality.
the local government matters listed in Part B of Schedule 4 and Part B of Schedule 5; and any other matter assigned to it by national or provincial legislation.
A municipality may make and administer by-laws for the effective administration of the matters which it has the right to administer.
Subject to section 151 (4), a by-law that conflicts with national or provincial legislation is invalid. If there is a conflict between a by-law and national or provincial legislation that is inoperative because of a conflict referred to in section 149, the by-law must be regarded as valid for as long as that legislation is inoperative.
that matter would most effectively be administered locally; and the municipality has the capacity to administer it.
A municipality has the right to exercise any power concerning a matter reasonably necessary for, or incidental to, the effective performance of its functions.
both members elected in accordance with paragraph (a) and members appointed in accordance with subparagraph (i) of this paragraph.
[Sub-s. (1) substituted by s. 1 (a) of the Constitution Eighth Amendment Act of 2002 and amended by s. 3 of the Constitution Fifteenth Amendment Act of 2008.
of proportional representation based on that municipality's segment of the national common voters roll, and which provides for the election of members from lists of party candidates drawn up in a party's order of preference; or of proportional representation as described in paragraph (a) combined with a system of ward representation based on that municipality's segment of the national common voters roll.
An electoral system in terms of subsection (2) must result, in general, in proportional representation.
[Sub-s. (3) substituted by s. 1 (b) of the Constitution Eighth Amendment Act of 2002.
If the electoral system includes ward representation, the delimitation of wards must be done by an independent authority appointed in terms of, and operating according to, procedures and criteria prescribed by national legislation.
[Para. (b) deleted by s. 3 of the Constitution Twelfth Amendment Act of 2005.
[Sub-s. (4) substituted by s. 2 of the Constitution Third Amendment Act of 1998.
A person may vote in a municipality only if that person is registered on that municipality's segment of the national common voters roll.
The national legislation referred to in subsection (1) (b) must establish a system that allows for parties and interests reflected within the Municipal Council making the appointment, to be fairly represented in the Municipal Council to which the appointment is made.
A person who is not eligible to be a member of a Municipal Council in terms of subsection (1) (a) , (b) , (d) or (e) may be a candidate for the Council, subject to any limits or conditions established by national legislation.
Vacancies in a Municipal Council must be filled in terms of national legislation. [Sub-s. (3) added by s. 4 of the Constitution Fifteenth Amendment Act of 2008.
a member of another Municipal Council; but this disqualification does not apply to a member of a Municipal Council representing that Council in another Municipal Council of a different category.
The term of a Municipal Council may be no more than five years, as determined by national legislation.
If a Municipal Council is dissolved in terms of national legislation, or when its term expires, an election must be held within 90 days of the date that Council was dissolved or its term expired.
A Municipal Council, other than a Council that has been dissolved following an intervention in terms of section 139, remains competent to function from the time it is dissolved or its term expires, until the newly elected Council has been declared elected.
[S. 159 substituted by s. 1 of the Constitution Second Amendment Act of 1998.
the imposition of rates and other taxes, levies and duties; and the raising of loans.
A majority of the members of a Municipal Council must be present before a vote may be taken on any matter.
All questions concerning matters mentioned in subsection (2) are determined by a decision taken by a Municipal Council with a supporting vote of a majority of its members.
All other questions before a Municipal Council are decided by a majority of the votes cast.
all the members of the Council have been given reasonable notice; and the proposed by-law has been published for public comment.
whether Municipal Councils may elect an executive committee or any other committee; or the size of the executive committee or any other committee of a Municipal Council.
its business and proceedings; and the establishment, composition, procedures, powers and functions of its committees.
A Municipal Council must conduct its business in an open manner, and may close its sittings, or those of its committees, only when it is reasonable to do so having regard to the nature of the business being transacted.
is consistent with democracy; and may be regulated by national legislation.
may employ personnel that are necessary for the effective performance of its functions.
Provincial legislation within the framework of national legislation may provide for privileges and immunities of Municipal Councils and their members.
A municipal by-law may be enforced only after it has been published in the official gazette of the relevant province.
A provincial Official Gazette must publish a municipal by-law upon request by the municipality.
Municipal by-laws must be accessible to the public.
participate in the process prescribed in the national legislation envisaged in section 221 (1) (c).
[Para. (b) substituted by s. 4 of the Constitution Seventh Amendment Act of 2001.
Any matter concerning local government not dealt with in the Constitution may be prescribed by national legislation or by provincial legislation within the framework of national legislation.
The judicial authority of the Republic is vested in the courts.
The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice.
No person or organ of state may interfere with the functioning of the courts.
Organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts.
An order or decision issued by a court binds all persons to whom and organs of state to which it applies.
the Magistrates' Courts; and any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either the High Courts or the Magistrates' Courts.
Chief Justice and nine other judges. [Sub-s. (1) substituted by s. 11 of the Constitution Sixth Amendment Act of 2001.
A matter before the Constitutional Court must be heard by at least eight judges.
may decide only constitutional matters, and issues connected with decisions on constitutional matters; and makes the final decision whether a matter is a constitutional matter or whether an issue is connected with a decision on a constitutional matter.
decide that Parliament or the President has failed to fulfil a constitutional obligation; or certify a provincial constitution in terms of section 144.
The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, a High Court, or a court of similar status, before that order has any force.
National legislation or the rules of the Constitutional Court must allow a person, when it is in the interests of justice and with leave of the Constitutional Court to bring a matter directly to the Constitutional Court; or to appeal directly to the Constitutional Court from any other court.
A constitutional matter includes any issue involving the interpretation, protection or enforcement of the Constitution.
The Supreme Court of Appeal consists of a President, a Deputy President and the number of judges of appeal determined in terms an Act of Parliament. [Sub-s. (1) substituted by s. 12 of the Constitution Sixth Amendment Act of 2001.
A matter before the Supreme Court of Appeal must be decided by the number of judges determined in terms of an Act of Parliament. [Sub-s. (2) substituted by s. 12 of the Constitution Sixth Amendment Act of 2001.
The Supreme Court of Appeal may decide appeals in any matter.
only the Constitutional Court may decide; or is assigned by an Act of Parliament to another court of a status similar to a High Court; and any other matter not assigned to another court by an Act of Parliament.
Magistrates' Courts and all other courts may decide any matter determined by an Act of Parliament, but a court of a status lower than a High Court may not enquire into or rule on the constitutionality of any legislation or any conduct of the President.
All courts function in terms of national legislation, and their rules and procedures must be provided for in terms of national legislation.
an order limiting the retrospective effect of the declaration of invalidity; and an order suspending the declaration of invalidity for any period and on any conditions, to allow the competent authority to correct the defect.
The Supreme Court of Appeal, a High Court or a court of similar status may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court.
A court which makes an order of constitutional invalidity may grant a temporary interdict or other temporary relief to a party, or may adjourn the proceedings, pending a decision of the Constitutional Court on the validity of that Act or conduct.
National legislation must provide for the referral of an order of constitutional invalidity to the Constitutional Court.
Any person or organ of state with a sufficient interest may appeal, or apply, directly to the Constitutional Court to confirm or vary an order of constitutional invalidity by a court in terms of this subsection.
The Constitutional Court, Supreme Court of Appeal and High Courts have the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of justice.
Any appropriately qualified woman or man who is a fit and proper person may be appointed as a judicial officer. Any person to be appointed to the Constitutional Court must also be a South African citizen.
The need for the judiciary to reflect broadly the racial and gender composition of South Africa must be considered when judicial officers are appointed.
The President as head of the national executive, after consulting the Judicial Service Commission and the leader of parties represented in the National Assembly, appoints the Chief Justice and the Deputy Chief Justice and, after consulting the Judicial Service Commission, appoints the President and Deputy President of the Supreme Court of Appeal.
[Sub-s. (3) substituted by s. 13 of the Constitution Sixth Amendment Act of 2001.
The Judicial Service Commission must prepare a list of nominees with three names more than the number of appointments to be made, and submit the list to the President.
The President may make appointments from the list, and must advise the Judicial Service Commission, with reasons, if any of the nominees are unacceptable and any appointment remains to be made.
The Judicial Service Commission must supplement the list with further nominees and the President must make the remaining appointments from the supplemented list.
[Sub-s. (4) substituted by s. 13 of the Constitution Sixth Amendment Act of 2001.
At all times, at least four members of the Constitutional Court must be persons who were judges at the time they were appointed to the Constitutional Court.
The President must appoint the judges of all other courts on the advice of the Judicial Service Commission.
Other judicial officers must be appointed in terms of an Act of Parliament which must ensure that the appointment, promotion, transfer or dismissal of, or disciplinary steps against, these judicial officers take place without favour or prejudice.
Before judicial officers begin to perform their functions, they must take an oath or affirm, in accordance with Schedule 2, that they will uphold and protect the Constitution.
The President may appoint a woman or a man to be an acting judge of the Constitutional Court if there is a vacancy or if a judge is absent. The appointment must be made on the recommendation of the Cabinet member responsible for the administration of justice acting with the concurrence of the Chief Justice.
[Sub-s. (1) substituted by s. 14 of the Constitution Sixth Amendment Act of 2001.
A Constitutional Court judge holds office for a non-renewable term of 12 years, or until he or she attains the age of 70, whichever occurs first, except where an Act of Parliament extends the term of office of a Constitutional Court judge.
[Sub-s. (1) substituted by s. 15 of the Constitution Sixth Amendment Act of 2001.
Other judges hold office until they are discharged from active service in terms of an Act of Parliament.
The salaries, allowances and benefits of judges may not be reduced.
The President must remove a judge from office upon adoption of a resolution calling for that judge to be removed.
The President, on the advice of the Judicial Service Commission, may suspend a judge who is the subject of a procedure in terms of subsection (1).
the National Assembly calls for that judge to be removed, by a resolution adopted with a supporting vote of at least two thirds of its members.
the President of the Supreme Court of Appeal; [Para. (b) substituted by s. 16 (a) of the Constitution Sixth Amendment Act of 2001.
when considering matters relating to a specific High Court, the Judge President of that Court and the Premier of the province concerned, or an alternate designated by each of them.
[Para. (k) substituted by s. 2 of the Constitution Second Amendment Act of 1998 and by s. 16 (b) of the Constitution Sixth Amendment Act of 2001.
If the number of persons nominated from within the advocates' or attorneys' profession in terms of subsection (1) (e) or (f) equals the number of vacancies to be filled, the President must appoint them. If the number of persons nominated exceeds the number of vacancies to be filled, the President, after consulting the relevant profession, must appoint sufficient of the nominees to fill the vacancies, taking into account the need to ensure that those appointed represent the profession as a whole.
Members of the Commission designated by the National Council of Provinces serve until they are replaced together, or until any vacancy occurs in their number. Other members who were designated or nominated to the Commission serve until they are replaced by those who designated or nominated them.
The Judicial Service Commission has the powers and functions assigned to it in the Constitution and national legislation.
The Judicial Service Commission may advise the national government on any matter relating to the judiciary or the administration of justice, but when it considers any matter except the appointment of a judge, it must sit without the members designated in terms of subsection (1) (h) and (i).
The Judicial Service Commission may determine its own procedure, but decisions of the Commission must be supported by a majority of its members.
If the Chief Justice or the President of the Supreme Court of Appeal is temporarily unable to serve on the Commission, the Deputy Chief Justice or the Deputy President of the Supreme Court of Appeal, as the case may be, acts as his or her alternate on the Commission.
[Sub-s. (7) added by s. 2 (b) of the Constitution Second Amendment Act of 1998 and substituted by s. 16 (c) of the Constitution Sixth Amendment Act of 2001.
The President and the persons who appoint, nominate or designate the members of the Commission in terms of subsection (1) (c) , (e) , (f) and (g) , may, in the same manner appoint, nominate or designate an alternate for each of those members, to serve on the Commission whenever the member concerned is temporarily unable to do so by reason of his or her incapacity or absence from the Republic or for any other sufficient reason.
[Sub-s. (8) added by s. 2 (b) of the Constitution Second Amendment Act of 1998.
The prosecuting authority has the power to institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental to instituting criminal proceedings.
are appropriately qualified; and are responsible for prosecutions in specific jurisdictions, subject to subsection (5).
National legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice.
The accused person.
Any other person or party whom the National Director considers to be relevant.
Directors of Public Prosecutions and prosecutors as determined by an Act of Parliament.
final responsibility over the prosecuting authority.
All other matters concerning the prosecuting authority must be determined by national legislation.
the participation of people other than judicial officers in court decisions.
The Public Protector.
The South African Human Rights Commission.
[Para. (b) amended by s. 4 of the Constitution Second Amendment Act of 1998.
The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities.
The Commission for Gender Equality.
The Electoral Commission.
to report on that conduct; and to take appropriate remedial action.
The Public Protector has the additional powers and functions prescribed by national legislation.
The Public Protector may not investigate court decisions.
The Public Protector must be accessible to all persons and communities.
An report issued by the Public Protector must be open to the public unless exceptional circumstances, to be determined in terms of national legislation, require that a report be kept confidential.
The Public Protector is appointed for a non-renewable period of seven years.
promote the protection, development and attainment of human rights; and monitor and assess the observance of human rights in the Republic.
to carry out research; and to educate.
Each year, the South African Human Rights Commission must require relevant organs of state to provide the Commission with information on the measures that they have taken towards the realisation of the rights in the Bill of Rights concerning housing, health care, food, water, social security, education and the environment.
The South African Human Rights Commission has the additional powers and functions prescribed by national legislation.
[S. 184 amended by s. 4 of the Constitution Second Amendment Act of 1998.
The Commission has the power, as regulated by national legislation, necessary to achieve its primary objects, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning the rights of cultural, religious and linguistic communities.
to recommend the establishment or recognition, in accordance with national legislation, of a cultural or other council or councils for a community or communities in South Africa.
to the South African Human Rights Commission for investigation. [Sub-s. (3) amended by s. 4 of the Constitution Second Amendment Act of 1998.
The Commission has the additional powers and functions prescribed by national legislation.
The number of members of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and their appointment and terms of office must be prescribed by national legislation.
be broadly representative of the main cultural, religious and linguistic communities in South Africa; and broadly reflect the gender composition of South Africa.
The Commission for Gender Equality must promote respect for gender equality and the protection, development and attainment of gender equality.
The Commission for Gender Equality has the power, as regulated by national legislation, necessary to perform its functions, including the power to monitor, investigate, research, educate, lobby, advise and report on issues concerning gender equality.
The Commission for Gender Equality has the additional powers and functions prescribed by national legislation.
all municipalities; and any other institution or accounting entity required by national or provincial legislation to be audited by the Auditor-General.
In addition to the duties prescribed in subsection (1), and subject to any legislation, the Auditor-General may audit and report on the accounts, financial statements and financial management of any institution funded from the National Revenue Fund or a Provincial Revenue Fund or by a municipality; or any institution that is authorised in terms of any law to receive money for a public purpose.
The Auditor-General must submit audit reports to any legislature that has a direct interest in the audit, and to any other authority prescribed by national legislation. All reports must be made public.
The Auditor-General has the additional powers and functions prescribed by national legislation.
The Auditor-General must be appointed for a fixed, non-renewable term of between five and ten years.
ensure that those elections are free and fair; and declare the results of those elections within a period that must be prescribed by national legislation and that is as short as reasonably possible.
The Electoral Commission has the additional powers and functions prescribed by national legislation.
The Electoral Commission must be composed of at least three persons. The number of members and their terms of office must be prescribed by national legislation.
National legislation must establish an independent authority to regulate broadcasting in the public interest, and to ensure fairness and a diversity of views broadly representing South African society.
are fit and proper persons to hold the particular office; and comply with any other requirements prescribed by national legislation.
The need for a Commission established by this Chapter to reflect broadly the race and gender composition of South Africa must be considered when members are appointed.
The Auditor-General must be a woman or a man who is a South African citizen and a fit and proper person to hold that office. Specialised knowledge of, or experience in, auditing, state finances and public administration must be given due regard in appointing the Auditor-General.
[Para. (a) amended by s. 4 of the Constitution Second Amendment Act of 1998.
the Commission for Gender Equality; and the Electoral Commission.
The involvement of civil society in the recommendation process may be provided for as envisaged in section 59 (1) (a).
of a majority of the members of the Assembly, if the recommendation concerns the appointment of a member of a Commission.
the Public Protector or the Auditor-General must be adopted with a supporting vote of at least two thirds of the members of the Assembly; or a member of a Commission must be adopted with a supporting vote of a majority of the members of the Assembly.
must remove a person from office upon adoption by the Assembly of the resolution calling for that person's removal.
A high standard of professional ethics must be promoted and maintained.
Efficient, economic and effective use of resources must be promoted.
Public administration must be development-oriented.
Services must be provided impartially, fairly, equitably and without bias.
People's needs must be responded to, and the public must be encouraged to participate in policy-making.
Public administration must be accountable.
Transparency must be fostered by providing the public with timely, accessible and accurate information.
Good human-resource management and career-development practices, to maximise human potential, must be cultivated.
Public administration must be broadly representative of the South African people, with employment and personnel management practices based on ability, objectivity, fairness, and the need to redress the imbalances of the past to achieve broad representation.
organs of state; and public enterprises.
National legislation must ensure the promotion of the values and principles listed in subsection (1).
The appointment in public administration of a number of persons on policy considerations is not precluded, but national legislation must regulate these appointments in the public service.
Legislation regulating public administration may differentiate between different sectors, administrations or institutions.
The nature and functions of different sectors, administrations or institutions of public administration are relevant factors to be taken into account in legislation regulating public administration.
There is a single Public Service Commission for the Republic.
The Commission is independent and must be impartial, and must exercise its powers and perform its functions without fear, favour or prejudice in the interest of the maintenance of effective and efficient public administration and a high standard of professional ethics in the public service. The Commission must be regulated by national legislation.
Other organs of state, through legislative and other measures, must assist and protect the Commission to ensure the independence, impartiality, dignity and effectiveness of the Commission. No person or organ of state may interfere with the functioning of the Commission.
to exercise or perform the additional powers or functions prescribed by an Act of Parliament.
[Para. (g) added by s. 3 of the Constitution Second Amendment Act of 1998.
The Commission is accountable to the National Assembly.
to the National Assembly; and in respect of its activities in a province, to the legislature of that province.
recommended by a committee of the National Assembly that is proportionally composed of members of all parties represented in the Assembly; and approved by the Assembly by a resolution adopted with a supporting vote of a majority of its members.
recommended by a committee of the provincial legislature that is proportionally composed of members of all parties represented in the legislature; and approved by the legislature by a resolution adopted with a supporting vote of a majority of its members.
An Act of Parliament must regulate the procedure for the appointment of commissioners.
a fit and proper person with knowledge of, or experience in, administration, management or the provision of public services.
a finding to that effect by a committee of the National Assembly or, in the case of a commissioner nominated by the Premier of a province, by a committee of the legislature of that province; and the adoption by the Assembly or the provincial legislature concerned, of a resolution with a supporting vote of a majority of its members calling for the commissioner's removal from office.
the adoption by the Assembly of a resolution calling for that commissioner's removal; or written notification by the Premier that the provincial legislature has adopted a resolution calling for that commissioner's removal.
Commissioners referred to in subsection (7) (b) may exercise the powers and perform the functions of the Commission in their provinces as prescribed by national legislation.
one commissioner for each province nominated by the Premier of the province in accordance with subsection (8) (b).
Within public administration there is a public service for the Republic, which must function, and be structured, in terms of national legislation, and which must loyally execute the lawful policies of the government of the day.
The terms and conditions of employment in the public service must be regulated by national legislation. Employees are entitled to a fair pension as regulated by national legislation.
No employee of the public service may be favoured or prejudiced only because that person supports a particular political party or cause.
Provincial governments are responsible for the recruitment, appointment, promotion, transfer and dismissal of members of the public service in their administrations within a framework of uniform norms and standards applying to the public service.
National security must reflect the resolve of South Africans, as individuals and as a nation, to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better life.
The resolve to live in peace and harmony precludes any South African citizen from participating in armed conflict, nationally or internationally, except as provided for in terms of the Constitution or national legislation.
National security must be pursued in compliance with the law, including international law.
National security is subject to the authority of Parliament and the national executive.
The security services of the Republic consist of a single defence force, a single police service and any intelligence services established in terms of the Constitution.
The defence force is the only lawful military force in the Republic.
Other than the security services established in terms of the Constitution, armed organisations or services may be established only in terms of national legislation.
The security services must be structured and regulated by national legislation.
The security services must act, and must teach and require their members to act, in accordance with the Constitution and the law, including customary international law and international agreements binding on the Republic.
No member of any security service may obey a manifestly illegal order.
prejudice a political party interest that is legitimate in terms of the Constitution; or further, in a partisan manner, any interest of a political party.
To give effect to the principles of transparency and accountability, multi-party parliamentary committees must have oversight of all security services in a manner determined by national legislation or the rules and orders of Parliament.
The defence force must be structured and managed as a disciplined military force.
The primary object of the defence force is to defend and protect the Republic, its territorial integrity and its people in accordance with the Constitution and the principles of international law regulating the use of force.
A member of the Cabinet must be responsible for defence.
in defence of the Republic; or in fulfilment of an international obligation.
the number of people involved; and the period for which the force is expected to be employed.
If Parliament does not sit during the first seven days after the defence force is employed as envisaged in subsection (2), the President must provide the information required in subsection (3) to the appropriate oversight committee.
The President as head of the national executive is Commander-in-Chief of the defence force, and must appoint the Military Command of the defence force.
Command of the defence force must be exercised in accordance with the directions of the Cabinet member responsible for defence, under the authority of the President.
any place where the defence force is being employed; and the number of people involved.
If Parliament is not sitting when a state of national defence is declared, the President must summon Parliament to an extraordinary sitting within seven days of the declaration.
A declaration of a state of national defence lapses unless it is approved by Parliament within seven days of the declaration.
A civilian secretariat for defence must be established by national legislation to function under the direction of the Cabinet member responsible for defence.
The national police service must be structured to function in the national, provincial and, where appropriate, local spheres of government.
National legislation must establish the powers and functions of the police service and must enable the police service to discharge its responsibilities effectively, taking into account the requirements of the provinces.
The objects of the police service are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law.
A member of the Cabinet must be responsible for policing and must determine national policing policy after consulting the provincial governments and taking into account the policing needs and priorities of the provinces as determined by the provincial executives.
The national policing policy may make provision for different policies in respect of different provinces after taking into account the policing needs and priorities of these provinces.
to assess the effectiveness of visible policing; and to liaise with the Cabinet member responsible for policing with respect to crime and policing in the province.
assigned to it in terms of national legislation; and allocated to it in the national policing policy.
may investigate, or appoint a commission of inquiry into, any complaints of police inefficiency or a breakdown in relations between the police and any community; and must make recommendations to the Cabinet member responsible for policing.
On receipt of a complaint lodged by a provincial executive, an independent police complaints body established by national legislation must investigate any alleged misconduct of, or offence committed by, a member of the police service in the province.
National legislation must provide a framework for the establishment, powers, functions and control of municipal police services.
A committee composed of the Cabinet member and the members of the Executive Councils responsible for policing must be established to ensure effective co-ordination of the police service and effective co-operation among the spheres of government.
A provincial legislature may require the provincial commissioner of the province to appear before it or any of its committees to answer questions.
The President as head of the national executive must appoint a woman or a man as the National Commissioner of the police service, to control and manage the police service.
The National Commissioner must exercise control over and manage the police service in accordance with the national policing policy and the directions of the Cabinet member responsible for policing.
The National Commissioner, with the concurrence of the provincial executive, must appoint a woman or a man as the provincial commissioner for that province, but if the National Commissioner and the provincial executive are unable to agree on the appointment, the Cabinet member responsible for policing must mediate between the parties.
as prescribed by national legislation; and subject to the power of the National Commissioner to exercise control over and manage the police service in terms of subsection (2).
The provincial commissioner must report to the provincial legislature annually on policing in the province, and must send a copy of the report to the National Commissioner.
If the provincial commissioner has lost the confidence of the provincial executive, that executive may institute appropriate proceedings for the removal or transfer of, or disciplinary action against, that commissioner, in accordance with national legislation.
A civilian secretariat for the police service must be established by national legislation to function under the direction of the Cabinet member responsible for policing.
Any intelligence service, other than any intelligence division of the defence force or police service, may be established only by the President, as head of the national executive, and only in terms of national legislation.
The President as head of the national executive must appoint a woman or a man as head of each intelligence service established in terms of subsection (1), and must either assume political responsibility for the control and direction of any of those services, or designate a member of the Cabinet to assume that responsibility.
the co-ordination of all intelligence services; and civilian monitoring of the activities of those services by an inspector appointed by the President, as head of the national executive, and approved by a resolution adopted by the National Assembly with a supporting vote of at least two thirds of its members.
The institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution.
A traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, which includes amendments to, or repeal of, that legislation or those customs.
The courts must apply customary law when that law is applicable, subject to the Constitution and any legislation that specifically deals with customary law.
National legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities.
national or provincial legislation may provide for the establishment of houses of traditional leaders; and national legislation may establish a council of traditional leaders.
There is a National Revenue Fund into which all money received by the national government must be paid, except money reasonably excluded by an Act of Parliament.
in terms of an appropriation by an Act of Parliament; or as a direct charge against the National Revenue Fund, when it is provided for in the Constitution or an Act of Parliament.
A province's equitable share of revenue raised nationally is a direct charge against the National Revenue Fund.
[Date of commencement of s. 213: 1 January 1998.
the desirability of stable and predictable allocations of revenue shares; and the need for flexibility in responding to emergencies or other temporary needs, and other factors based on similar objective criteria.
any other allocations to provinces, local government or municipalities from the national government's share of that revenue, and any conditions on which those allocations may be made.
[Date of commencement of s. 214: 1 January 1998.
National, provincial and municipal budgets and budgetary processes must promote transparency, accountability and the effective financial management of the economy, debt and the public sector.
when national and provincial budgets must be tabled; and that budgets in each sphere of government must show the sources of revenue and the way in which proposed expenditure will comply with national legislation.
proposals for financing any anticipated deficit for the period to which they apply; and an indication of intentions regarding borrowing and other forms of public liability that will increase public debt during the ensuing year.
[Date of commencement of s. 215: 1 January 1998.
uniform expenditure classifications; and uniform treasury norms and standards.
The national treasury must enforce compliance with the measures established in terms of subsection (1), and may stop the transfer of funds to an organ of state if that organ of state commits a serious or persistent material breach of those measures.
[Sub-s. (2) substituted by s. 5 (a) of the Constitution Seventh Amendment Act of 2001.
may not stop the transfer of funds for more than 120 days; and may be enforced immediately, but will lapse retrospectively unless Parliament approves it following a process substantially the same as that established in terms of section 76 (1) and prescribed by the joint rules and orders of Parliament. This process must be completed within 30 days of the decision by the national treasury.
[Sub-s. (3) amended by s. 5 (b) of the Constitution Seventh Amendment Act of 2001.
Parliament may renew a decision to stop the transfer of funds for no more than 120 days at a time, following the process established in terms of subsection (3).
the Auditor-General must report to Parliament; and the province must be given an opportunity to answer the allegations against it, and to state its case, before a committee.
[Date of commencement of s. 216: 1 January 1998.
When an organ of state in the national, provincial or local sphere of government, or any other institution identified in national legislation, contracts for goods or services, it must do so in accordance with a system which is fair, equitable, transparent, competitive and cost-effective.
the protection or advancement of persons, or categories of persons, disadvantaged by unfair discrimination.
in subsection (2) must be implemented. [Sub-s. (3) substituted by s. 6 of the Constitution Seventh Amendment Act of 2001.
The national government, a provincial government or a municipality may guarantee a loan only if the guarantee complies with any conditions set out in national legislation.
National legislation referred to in subsection (1) may be enacted only after any recommendations of the Financial and Fiscal Commission have been considered.
Each year, every government must publish a report on the guarantees it has granted. [Date of commencement of s. 218: 1 January 1998.
the salaries, allowances and benefits of members of the National Assembly, permanent delegates to the National Council of Provinces, members of the Cabinet, Deputy Ministers, traditional leaders and members of any councils of traditional leaders; and the upper limit of salaries, allowances or benefits of members of provincial legislatures, members of Executive Councils and members of Municipal Councils of the different categories.
National legislation must establish an independent commission to make recommendations concerning the salaries, allowances and benefits referred to in subsection.
Parliament may pass the legislation referred to in subsection (1) only after considering any recommendations of the commission established in terms of subsection (2).
The national executive, a provincial executive, a municipality or any other relevant authority may implement the national legislation referred to in subsection (1) only after considering any recommendations of the commission established in terms of subsection (2).
National legislation must establish frameworks for determining the salaries, allowances and benefits of judges, the Public Protector, the Auditor-General, and members of any commission provided for in the Constitution, including the broadcasting authority referred to in section 192.
There is a Financial and Fiscal Commission for the Republic which makes recommendations envisaged in this Chapter, or in national legislation, to Parliament, provincial legislatures and any other authorities determined by national legislation.
The Commission is independent and subject only to the Constitution and the law, and must be impartial.
The Commission must function in terms of an Act of Parliament and, in performing its functions, must consider all relevant factors, including those listed in section 214 (2).
two persons selected, after consulting organised local government, from a list compiled in accordance with a process prescribed by national legislation; and two other persons.
[Sub-s. (1) amended by s. 2 of the Constitution Fifth Amendment Act of 1999 and substituted by s. 7 (a) of the Constitution Seventh Amendment Act of 2001.
and organised local government in the compilation of a list envisaged in subsection (1) (c).
[Sub-s. (1A) inserted by 7 (b) of the Constitution Seventh Amendment Act of 2001.
Members of the Commission must have appropriate expertise.
Members serve for a term established in terms of national legislation. The President may remove a member from office on the ground of misconduct, incapacity or incompetence.
The Commission must report regularly both to Parliament and to the provincial legislatures.
The South African Reserve Bank is the central bank of the Republic and is regulated in terms of an Act of Parliament.
The primary object of the South African Reserve Bank is to protect the value of the currency in the interest of balanced and sustainable economic growth in the Republic.
The South African Reserve Bank, in pursuit of its primary object, must perform its functions independently and without fear, favour or prejudice, but there must be regular consultation between the Bank and the Cabinet member responsible for national financial matters.
The powers and functions of the South African Reserve Bank are those customarily exercised and performed by central banks, which powers and functions must be determined by an Act of Parliament and must be exercised or performed subject to the conditions prescribed in terms of that Act.
There is a Provincial Revenue Fund for each province into which all money received by the provincial government must be paid, except money reasonably excluded by an Act of Parliament.
in terms of an appropriation by a provincial Act; or as a direct charge against the Provincial Revenue Fund, when it is provided for in the Constitution or a provincial Act.
Revenue allocated through a province to local government in that province in terms of section 214 (1), is a direct charge against that province's Revenue Fund.
National legislation may determine a framework within which a provincial Act may in terms of subsection (2) (b) authorise the withdrawal of money as a direct charge against a Provincial Revenue Fund; and revenue allocated through a province to local government in that province in terms of subsection (3) must be paid to municipalities in the province.
[Sub-s. (4) added by s. 8 of the Constitution Seventh Amendment Act of 2001.
[Date of commencement of s. 226: 1 January 1998.
is entitled to an equitable share of revenue raised nationally to enable it to provide basic services and perform the functions allocated to it; and may receive other allocations from national government revenue, either conditionally or unconditionally.
Additional revenue raised by provinces or municipalities may not be deducted from their share of revenue raised nationally, or from other allocations made to them out of national government revenue. Equally, there is no obligation on the national government to compensate provinces or municipalities that do not raise revenue commensurate with their fiscal capacity and tax base.
A province's equitable share of revenue raised nationally must be transferred to the province promptly and without deduction, except when the transfer has been stopped in terms of section 216.
A province must provide for itself any resources that it requires, in terms of a provision of its provincial constitution, that are additional to its requirements envisaged in the Constitution.
[Date of commencement of s. 227: 1 January 1998.
flat-rate surcharges on any tax, levy or duty that is imposed by national legislation, other than on corporate income tax, value-added tax, rates on property or customs duties.
[Para. (b) substituted by s. 9 of the Constitution Seventh Amendment Act of 2001.
may not be exercised in way that materially and unreasonably prejudices national economic policies, economic activities across provincial boundaries, or the national mobility of goods, services, capital or labour; and must be regulated in terms of an Act of Parliament, which may be enacted only after any recommendations of the Financial and Fiscal Commission have been considered.
[Date of commencement of s. 228: 1 January 1998.
Subject to subsections (2), (3) and (4), a municipality may impose rates on property and surcharges on fees for services provided by or on behalf of the municipality; and if authorised by national legislation, other taxes, levies and duties appropriate to local government or to the category of local government into which that municipality falls, but no municipality may impose income tax, value-added tax, general sales tax or customs duty.
The power of a municipality to impose rates on property, surcharges on fees for services provided by or on behalf of the municipality, or other taxes, levies or duties may not be exercised in a way that materially and unreasonably prejudices national economic policies, economic activities across municipal boundaries, or the national mobility of goods, services, capital or labour; and may be regulated by national legislation.
When two municipalities have the same fiscal powers and functions with regard to the same area, an appropriate division of those powers and functions must be made in terms of national legislation.
The need to comply with sound principles of taxation.
The powers and functions performed by each municipality.
Nothing in this section precludes the sharing of revenue raised in terms of this section between municipalities that have fiscal power and functions in the same area.
National legislation envisaged in this section may be enacted only after organised local government and the Financial and Fiscal Commission have been consulted, and any recommendations of the Commission have been considered.
The fiscal capacity of each municipality.
The effectiveness and efficiency of raising taxes, levies and duties.
[Date of commencement of s. 229: 1 January 1998.
A province may raise loans for capital or current expenditure in accordance with national legislation, but loans for current expenditure may be raised only when necessary for bridging purposes during a fiscal year.
[S. 230 substituted by s. 10 of the Constitution Seventh Amendment Act of 2001.
[Date of commencement of s. 230: 1 January 1998.
A Municipal Council may, in accordance with national legislation raise loans for capital or current expenditure for the municipality, but loans for current expenditure may be raised only when necessary for bridging purposes during a fiscal year; and bind itself and a future Council in the exercise of its legislative and executive authority to secure loans or investments for the municipality.
[S. 230A inserted by s. 17 of the Constitution Sixth Amendment Act of 2001.
The negotiating and signing of all international agreements is the responsibility of the national executive.
An international agreement binds the Republic only after it has been approved by resolution in both the National Assembly and the National Council of Provinces, unless it is an agreement referred to in subsection (3).
An international agreement of a technical, administrative or executive nature, or an agreement which does not require either ratification or accession, entered into by the national executive, binds the Republic without approval by the National Assembly and the National Council of Provinces, but must be tabled in the Assembly and the Council within a reasonable time.
Any international agreement becomes law in the Republic when it is enacted into law by national legislation; but a self-executing provision of an agreement that has been approved by Parliament is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.
The Republic is bound by international agreements which were binding on the Republic when this Constitution took effect.
Customary international law is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.
When interpreting any legislation, every court must prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation that is inconsistent with international law.
In order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution.
The right of the South African people as a whole to self-determination, as manifested in this Constitution, does not preclude, within the framework of this right, recognition of the right of self-determination of any community sharing a common cultural and language heritage, within a territorial entity in the Republic or in any other way, determined by national legislation.
To enhance multi-party democracy, national legislation must provide for the funding of political parties participating in national and provincial legislatures on an equitable and proportional basis.
All constitutional obligations must be performed diligently and without delay.
An executive organ of state in any sphere of government may delegate any power or function that is to be exercised or performed in terms of legislation to any other executive organ of state, provided the delegation is consistent with the legislation in terms of which the power is exercised or the function is performed; or exercise any power or perform any function for any other executive organ of state on an agency or delegation basis.
subordinate legislation made in terms of a provincial Act; and legislation that was in force when the Constitution took effect and that is administered by a provincial government.
In the event of an inconsistency between different texts of the Constitution, the English text prevails.
Schedule 6 applies to the transition to the new constitutional order established by this Constitution, and any matter incidental to that transition.
This Act is called the Constitution of the Republic of South Africa, 1996, and comes into effect as soon as possible on a date set by the President by proclamation, which may not be a date later than 1 July 1997.
The President may set different dates before the date mentioned in subsection (1) in respect of different provisions of the Constitution.
Unless the context otherwise indicates, a reference in a provision of the Constitution to a time when the Constitution took effect must be construed as a reference to the time when that provision took effect.
If a different date is set for any particular provision of the Constitution in terms of subsection (2), any corresponding provision of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), mentioned in the proclamation, is repealed with effect from the same date.
Sections 213, 214, 215, 216, 218, 226, 227, 228, 229 and 230 come into effect on 1 January 1998, but this does not preclude the enactment in terms of this Constitution of legislation envisaged in any of these provisions before that date. Until that date any corresponding and incidental provisions of the Constitution of the Republic of South Africa, 1993, remain in force.
The national flag is rectangular; it is one and a half times longer than it is wide.
It is black, gold, green, white, chilli red and blue.
It has a green Y-shaped band that is one fifth as wide as the flag. The centre lines of the band start in the top and bottom corners next to the flag post, converge in the centre of the flag, and continue horizontally to the middle of the free edge.
The green band is edged, above and below in white, and towards the flag post end, in gold. Each edging is one fifteenth as wide as the flag.
The triangle next to the flag post is black.
The upper horizontal band is chilli red and the lower horizontal band is blue. These bands are each one third as wide as the flag.
[Schedule 1A inserted by s. 4 of the Constitution Twelfth Amendment Act of 2005 and amended by the Constitution Thirteenth Amendment Act of 2007 and by the Constitution Sixteenth Amendment Act of 2009.
[Demarcation of the Province of the Eastern Cape substituted by the Constitution Thirteenth Amendment Act of 2007.
Map No. 10 of Schedule 2 to Notice 1998 of 2005 Map No.
[Demarcation of the Province of Gauteng amended by the Constitution Sixteenth Amendment Act of 2009.
Map No. 4 in Notice 1490 of 2008 [Reference to Map No. 4 substituted by s. 1 (a) of the Constitution Sixteenth Amendment Act of 2009.
[Demarcation of the Province of KwaZulu-Natal substituted by the Constitution Thirteenth Amendment Act of 2007.
[Demarcation of the Province of North West amended by the Constitution Sixteenth Amendment Act of 2009.
Map No. 5 in Notice 1490 of 2008 [Reference to Map No. 5 substituted by s. 1 (b) of the Constitution Sixteenth Amendment Act of 2009.
[Schedule 2 amended by s. 2 of the Constitution First Amendment Act of 1997 and substituted by s. 18 of the Constitution Sixth Amendment Act of 2001.
In the presence of everyone assembled here, and in full realisation of the high calling I assume as President/Acting President of the Republic of South Africa, I, A.B.
(In the case of an oath: So help me God.
In the presence of everyone assembled here, and in full realisation of the high calling I assume as Deputy President of the Republic of South Africa, I, A.B.
do justice to all; and devote myself to the well-being of the Republic and all of its people.
I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic; and I undertake to hold my office as Minister/Deputy Minister with honour and dignity; to be a true and faithful counsellor; not to divulge directly or indirectly any secret matter entrusted to me; and to perform the functions of my office conscientiously and to the best of my ability.
I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic; and I solemnly promise to perform my functions as a member of the National Assembly/ permanent delegate to the National Council of Provinces/member of the legislature of the province of C.D. to the best of my ability.
Persons filling a vacancy in the National Assembly, a permanent delegation to the National Council of Provinces or a provincial legislature may swear or affirm in terms of subitem (1) before the presiding officer of the Assembly, Council or legislature, as the case may be.
I, A.B., swear/solemnly affirm that I will be faithful to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic; and I undertake to hold my office as Premier/Acting Premier/ member of the Executive Council of the province of C.D. with honour and dignity; to be a true and faithful counsellor; not to divulge directly or indirectly any secret matter entrusted to me; and to perform the functions of my office conscientiously and to the best of my ability.
I, A.B., swear/solemnly affirm that, as a Judge of the Constitutional Court/Supreme Court of Appeal/High Court/ E.F. Court, I will be faithful to the Republic of South Africa, will uphold and protect the Constitution and the human rights entrenched in it, and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law.
A person appointed to the office of Chief Justice who is not already a judge at the time of that appointment must swear or affirm before the Deputy Chief Justice, or failing that judge, the next most senior available judge of the Constitutional Court.
Judicial officers, and acting judicial officers, other than judges, must swear/affirm in terms of national legislation.
[Schedule 3 amended by s. 19 of the Constitution Sixth Amendment Act of 2001, by s. 3 of the Constitution Ninth Amendment Act of 2002 and by s. 5 of the Constitution Fourteenth Amendment Act of 2008.
the National Council of Provinces meets to elect its Chairperson or a Deputy Chairperson; or a provincial legislature meets to elect the Premier of the province or the Speaker or Deputy Speaker of the legislature.
The person presiding at a meeting to which this Schedule applies must call for the nomination of candidates at the meeting.
on behalf of two provincial delegations, if the Chairperson or a Deputy Chairperson of the National Council of Provinces is to be elected; or by two members of the relevant provincial legislature, if the Premier of the province or the Speaker or Deputy Speaker of the legislature is to be elected.
A person who is nominated must indicate acceptance of the nomination by signing either the nomination form or any other form of written confirmation.
At a meeting to which this Schedule applies, the person presiding must announce the names of the persons who have been nominated as candidates, but may not permit any debate.
If only one candidate is nominated, the person presiding must declare that candidate elected.
the person presiding must declare elected the candidate who receives a majority of the votes.
If no candidate receives a majority of the votes, the candidate who receives the lowest number of votes must be eliminated and a further vote taken on the remaining candidates in accordance with item 6. This procedure must be repeated until a candidate receives a majority of the votes.
When applying subitem (1), if two or more candidates each have the lowest number of votes, a separate vote must be taken on those candidates, and repeated as often as may be necessary to determine which candidate is to be eliminated.
If only two candidates are nominated, or if only two candidates remain after an elimination procedure has been applied, and those two candidates receive the same number of votes, a further meeting must be held within seven days, at a time determined by the person presiding.
If a further meeting is held in terms of subitem (1), the procedure prescribed in this Schedule must be applied at that meeting as if it were the first meeting for the election in question.
the form on which nominations must be submitted; and the manner in which voting is to be conducted.
These Rules must be made known in the way that the Chief Justice determines. [Item 9 substituted by s. 19 of the Constitution Sixth Amendment Act of 2001.
The number of delegates in a provincial delegation to the National Council of Provinces to which a party is entitled, must be determined by multiplying the number of seats the party holds in the provincial legislature by ten and dividing the result by the number of seats in the legislature plus one.
If a calculation in terms of item 1 yields a surplus not absorbed by the delegates allocated to a party in terms of that item, the surplus must compete with similar surpluses accruing to any other party or parties, and any undistributed delegates in the delegation must be allocated to the party or parties in the sequence of the highest surplus.
If the competing surpluses envisaged in item 2 are equal, the undistributed delegates in the delegation must be allocated to the party or parties with the same surplus in the sequence from the highest to the lowest number of votes that have been recorded for those parties during the last election for the provincial legislature concerned.
[Item 3 added by s. 2 of the Constitution Fourth Amendment Act of 1999 and substituted by s. 3 of the Constitution Ninth Amendment Act of 2002 and by s. 5 (a) of the Constitution Fourteenth Amendment Act of 2008.
If more than one party with the same surplus recorded the same number of votes during the last election for the provincial legislature concerned, the legislature concerned most allocate the undistributed delegates in the delegation to the party or parties with the same surplus in a manner which is consistent with democracy.
[Item 4 added by s. 5 (b) of the Constitution Fourteenth Amendment Act of 2008.
Schedule 6 amended by s. 3 of the Constitution First Amendment Act of 1997, by s.
of the Constitution Second Amendment Act of 1998 and by s. 20 of the Constitution Sixth Amendment Act of 2001.
'previous Constitution' means the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993).
any amendment or repeal; and consistency with the new Constitution.
does not have a wider application, territorially or otherwise, than it had before the previous Constitution took effect unless subsequently amended to have a wider application; and continues to be administered by the authorities that administered it when the new Constitution took effect, subject to the new Constitution.
to a provincial legislature, Premier, Executive Council or member of an Executive Council of a province, must be construed as a reference to a provincial legislature, Premier, Executive Council or member of an Executive Council under the new Constitution, subject to item 12 of this Schedule; or to an official language or languages, must be construed as a reference to any of the official languages under the new Constitution.
the President under the new Constitution, if the administration of that legislation has been allocated or assigned in terms of the previous Constitution or this Schedule to the national executive; or the Premier of a province under the new Constitution, if the administration of that legislation has been allocated or assigned in terms of the previous Constitution or this Schedule to a provincial executive.
Anyone who was a member or office-bearer of the National Assembly when the new Constitution took effect, becomes a member or office-bearer of the National Assembly under the new Constitution, and holds office as a member or office-bearer in terms of the new Constitution.
The National Assembly as constituted in terms of subitem (1) must be regarded as having been elected under the new Constitution for a term that expires on 30 April 1999.
The National Assembly consists of 400 members for the duration of its term that expires on 30 April 1999, subject to section 49 (4) of the new Constitution.
The rules and orders of the National Assembly in force when the new Constitution took effect, continue in force, subject to any amendment or repeal.
Any unfinished business before the National Assembly when the new Constitution takes effect must be proceeded with in terms of the new Constitution.
Any unfinished business before the Senate when the new Constitution takes effect must be referred to the National Council of Provinces, and the Council must proceed with that business in terms of the new Constitution.
No election of the National Assembly may be held before 30 April 1999 unless the Assembly is dissolved in terms of section 50 (2) after a motion of no confidence in the President in terms of section 102 (2) of the new Constitution.
Section 50 (1) of the new Constitution is suspended until 30 April 1999.
Section 47 (4) of the new Constitution is suspended until the second election of the National Assembly under the new Constitution.
to the filling of vacancies in the Assembly, and the supplementation, review and use of party lists for the filling of vacancies, until the second election of the Assembly under the new Constitution.
A provincial legislature must appoint its permanent delegates in accordance with the nominations of the parties.
Subitems (2) and (3) apply only to the first appointment of permanent delegates to the National Council of Provinces.
Section 62 (1) of the new Constitution does not apply to the nomination and appointment of former senators as permanent delegates in terms of this item.
The rules and orders of the Senate in force when the new Constitution took effect, must be applied in respect of the business of the National Council to the extent that they can be applied, subject to any amendment or repeal.
may nominate other persons as permanent delegates only if none or an insufficient number of its former senators are available.
A former senator who is not appointed as a permanent delegate to the National Council of Provinces is entitled to become a full voting member of the legislature of the province from which that person was nominated as a senator in terms of section 48 of the previous Constitution.
If a former senator elects not to become a member of a provincial legislature that person is regarded as having resigned as a senator the day before the new Constitution took effect.
The salary, allowances and benefits of a former senator appointed as a permanent delegate or as a member of a provincial legislature may not be reduced by reason only of that appointment.
Anyone who was the President, an Executive Deputy President, a Minister or a Deputy Minister under the previous Constitution when the new Constitution took effect, continues in and holds that office in terms of the new Constitution, but subject to subitem (2).
Until 30 April 1999, sections 84, 89, 90, 91, 93 and 96 of the new Constitution must be regarded to read as set out in Annexure B to this Schedule.
Subitem (2) does not prevent a Minister who was a senator when the new Constitution took effect, from continuing as a Minister referred to in section 91 (1) (a) of the new Constitution, as that section reads in Annexure B.
Anyone who was a member or office-bearer of a province's legislature when the new Constitution took effect, becomes a member or office-bearer of the legislature for that province under the new Constitution, and holds office as a member or office-bearer in terms of the new Constitution and any provincial constitution that may be enacted.
A provincial legislature as constituted in terms of subitem (1) must be regarded as having been elected under the new Constitution for a term that expires on 30 April 1999.
For the duration of its term that expires on 30 April 1999, and subject to section 108 (4), a provincial legislature consists of the number of members determined for that legislature under the previous Constitution plus the number of former senators who became members of the legislature in terms of item 8 of this Schedule.
The rules and orders of a provincial legislature in force when the new Constitution took effect, continue in force, subject to any amendment or repeal.
Section 106 (4) of the new Constitution is suspended in respect of a provincial legislature until the second election of the legislature under the new Constitution.
to the filling of vacancies in a legislature, and the supplementation, review and use of party lists far the filling of vacancies, until the second election of the legislature under the new Constitution.
Anyone who was the Premier or a member of the Executive Council of a province when the new Constitution took effect, continues in and holds that office in terms of the new Constitution and any provincial constitution that may be enacted, but subject to subitem (2).
Until the Premier elected after the first election of a province's legislature under the new Constitution assumes office, or the province enacts its constitution, whichever occurs first, sections 132 and 136 of the new Constitution must be regarded to read as set out in Annexure C to this Schedule.
A provincial constitution passed before the new Constitution took effect must comply with section 143 of the new Constitution.
Legislation with regard to a matter within a functional area listed in Schedule 4 or 5 to the new Constitution and which, when the new Constitution took effect, was administered by an authority within the national executive, may be assigned by the President, by proclamation, to an authority within a provincial executive designated by the Executive Council of the province.
regulate any other matter necessary as a result of the assignment, including the transfer or secondment of staff, or the transfer of assets, liabilities, rights and obligations, to or from the national or a provincial executive or any department of state, administration, security service or other institution.
A copy of each proclamation issued in terms of subitem (1) or (2) must be submitted to the National Assembly and the National Council of Provinces within 10 days of the publication of the proclamation.
the validity of anything done in terms of the proclamation or provision before it lapsed; or a right or privilege acquired or an obligation or liability incurred before it lapsed.
When legislation is assigned under subitem (1), any reference in the legislation to an authority administering it, must be construed as a reference to the authority to which it has been assigned.
Any assignment of legislation under section 235 (8) of the previous Constitution, including any amendment, adaptation or repeal and re-enactment of any legislation and any other action taken under that section, is regarded as having been done under this item.
An authority within the national executive that administers any legislation falling outside Parliament's legislative power when the new Constitution takes effect, remains competent to administer that legislation until it is assigned to an authority within a provincial executive in terms of item 14 of this Schedule.
Subitem (1) lapses two years after the new Constitution took effect.
any amendment or repeal of that legislation; and consistency with the new Constitution.
The Constitutional Court established by the previous Constitution becomes the Constitutional Court under the new Constitution.
[Subitem (b) deleted by s. 20 (a) of the Constitution Sixth Amendment Act of 2001.
The Appellate Division of the Supreme Court of South Africa becomes the Supreme Court of Appeal under the new Constitution.
A provincial or local division of the Supreme Court of South Africa or a supreme court of a homeland or a general division of such a court, becomes a High Court under the new Constitution without any alteration in its area of jurisdiction, subject to any rationalisation contemplated in subitem (6).
Anyone holding office or deemed to hold office as the Judge President, the Deputy Judge President or a judge of a court referred to in paragraph (a) when the new Constitution takes effect, becomes the Judge President, the Deputy Judge President or a judge of such a court under the new Constitution, subject to any rationalisation contemplated in subitem (6).
As soon as is practical after the new Constitution took effect all courts, including their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalised with a view to establishing a judicial system suited to the requirements of the new Constitution.
The Cabinet member responsible for the administration of justice, acting after consultation with the Judicial Service Commission, must manage the rationalisation envisaged in paragraph (a).
a provincial or local division of the Supreme Court of South Africa or a supreme court of a homeland or general division of that court, must be construed as a reference to a High Court.
the Chief Justice, becomes the President of the Supreme Court of Appeal as contemplated in section 168 (1) of the new Constitution; and the Deputy Chief Justice, becomes the Deputy President of the Supreme Court of Appeal as contemplated in section 168 (1) of the new Constitution.
All rules, regulations or directions made by the President of the Constitutional Court or the Chief Justice in force immediately before the Constitution of the Republic of South Africa Amendment Act, 2001, takes effect, continue in force until repealed or amended.
Unless inconsistent with the context or clearly inappropriate, a reference in any law or process to the Chief Justice or to the President of the Constitutional Court, must be construed as a reference to the Chief Justice as contemplated in section 167 (1) of the new Constitution.
[Subitem (7) added by s. 20 (b) of the Constitution Sixth Amendment Act of 2001.
All proceedings which were pending before a court when the new Constitution took effect, must be disposed of as if the new Constitution had not been enacted, unless the interests of justice require otherwise.
Section 108 of the previous Constitution continues in force until the Act of Parliament envisaged in section 179 of the new Constitution takes effect. This subitem does not affect the appointment of the National Director of Public Prosecutions in terms of section 179.
An attorney-general holding office when the new Constitution takes effect, continues to function in terms of the legislation applicable to that office, subject to subitem (1).
A person who continues in office in terms of this Schedule and who has taken the oath of office or has made a solemn affirmation under the previous Constitution, is not obliged to repeat the oath of office or solemn affirmation under the new Constitution.
Para. (b) amended by s.
the Pan South African Language Board.
Sections 199 (1), 200 (1), (3) and (5) to (11) and 201 to 206 of the previous Constitution continue in force until repealed by an Act of Parliament passed in terms of section 75 of the new Constitution.
The members of the Judicial Service Commission referred to in section 105 (1) (h) of the previous Constitution cease to be members of the Commission when the members referred to in section 178 (1) (i) of the new Constitution are appointed.
Sections 184A and 184B (1) (a) , (b) and (d) of the previous Constitution continue in force until repealed by an Act of Parliament passed in terms of section 75 of the new Constitution.
Where the new Constitution requires the enactment of national or provincial legislation, that legislation must be enacted by the relevant authority within a reasonable period of the date the new Constitution took effect.
Section 198 (b) of the new Constitution may not be enforced until the legislation envisaged in that section has been enacted.
Section 199 (3) (a) of the new Constitution may not be enforced before the expiry of three months after the legislation envisaged in that section has been enacted.
National legislation envisaged in section 217 (3) of the new Constitution must be enacted within three years of the date on which the new Constitution took effect, but the absence of this legislation during this period does not prevent the implementation of the policy referred to in section 217 (2).
Until the Act of Parliament referred to in section 65 (2) of the new Constitution is enacted each provincial legislature may determine its own procedure in terms of which authority is conferred on its delegation to cast votes on its behalf in the National Council of Provinces.
Until the legislation envisaged in section 229 (1) (b) of the new Constitution is enacted, a municipality remains competent to impose any tax, levy or duty which it was authorised to impose when the Constitution took effect.
Notwithstanding the other provisions of the new Constitution and despite the repeal of the previous Constitution, all the provisions relating to amnesty contained in the previous Constitution under the heading 'National Unity and Reconciliation' are deemed to be part of the new Constitution for the purposes of the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995), as amended, including for the purposes of its validity.
Reconciliation', must be read as '11 May 1994'. [Subitem (2) added by s. 3 of the Constitution First Amendment Act of 1997.
National legislation envisaged in sections 9 (4), 32 (2) and 33 (3) of the new Constitution must be enacted within three years of the date on which the new Constitution took effect.
'(1) Every person has the right of access to all information held by the state or any of its organs in any sphere of government in so far as that information is required for the exercise or protection of any of their rights.'
administrative action which is justifiable in relation to the reasons given for it where any of their rights is affected or threatened.'.
Sections 32 (2) and 33 (3) of the new Constitution lapse if the legislation envisaged in those sections, respectively, is not enacted within three years of the date the new Constitution took effect.
any further amendment or any repeal of those sections by an Act of Parliament passed in terms of section 75 of the new Constitution; and consistency with the new Constitution.
The Public Service Commission and the provincial service commissions referred to in Chapter 13 of the previous Constitution continue to function in terms of that Chapter and the legislation applicable to it as if that Chapter had not been repealed, until the Commission and the provincial service commissions are abolished by an Act of Parliament passed in terms of section 75 of the new Constitution.
Anyone who, when the new Constitution took effect, was serving a sentence in the Republic of more than 12 months' imprisonment without the option of a fine, is not eligible to be a member of the National Assembly or a provincial legislature.
lapses if the conviction is set aside on appeal, or the sentence is reduced on appeal to a sentence that does not disqualify that person; and ends five years after the sentence has been completed.
[Subitem (a) substituted by s. 5 (a) of the Constitution Second Amendment Act of 1998.
a traditional leader of a community observing a system of indigenous law and residing on land within the area of a transitional local council, transitional rural council or transitional representative council, referred to in the Local Government Transition Act, 1993, and who has been identified as set out in section 182 of the previous Constitution, is ex officio entitled to be a member of that council until a Municipal Council replacing that council has been declared elected as a result of the first general election of Municipal Councils after the commencement of the new Constitution.
[Subitem (b) substituted by s. 5 (a) of the Constitution Second Amendment Act of 1998.
Section 245 (4) of the previous Constitution continues in force until the application of that section lapses. Section 16 (5) and (6) of the Local Government Transition Act, 1993, may not be repealed before 30 April 2000.
[Item (2) amended by s. 5 (b) of the Constitution Second Amendment Act of 1998.
Sections 82 and 124 of the new Constitution do not affect the safekeeping of Acts of Parliament or provincial Acts passed before the new Constitution took effect.
On the production of a certificate by a competent authority that immovable property owned by the state is vested in a particular government in terms of section 239 of the previous Constitution, a registrar of deeds must make such entries or endorsements in or on any relevant register, title deed or other document to register that immovable property in the name of that government.
No duty, fee or other charge is payable in respect of a registration in terms of subitem (1).
'1. Parties registered in terms of national legislation and contesting an election of the National Assembly, shall nominate candidates for such election on lists of candidates prepared in accordance with this Schedule and national legislation.'.
One half of the seats from regional lists submitted by the respective parties, with a fixed number of seats reserved for each region as determined by the Commission for the next election of the Assembly, taking into account available scientifically based data in respect of voters, and representations by interested parties.
The other half of the seats from national lists submitted by the respective parties, or from regional lists where national lists were not submitted.'.
'3. The lists of candidates submitted by a party, shall in total contain the names of not more than a number of candidates equal to the number of seats in the National Assembly, and each such list shall denote such names in such fixed order of preference as the party may determine.'.
'5. The seats referred to in item 2 (a) shall be allocated per region to the parties contesting an election, as follows:'.
' (a) A quota of votes per seat shall be determined by dividing the total number of votes cast nationally by the number of seats in the National Assembly, plus one, and the result plus one, disregarding fractions, shall be the quota of votes per seat.'.
' (b) An amended quota of votes per seat shall be determined by dividing the total number of votes cast nationally, minus the number of votes cast nationally in favour of the party referred to in paragraph (a) , by the number of seats in the Assembly, plus one, minus the number of seats finally allocated to the said party in terms of paragraph (a) .'.
'10. The number of seats in each provincial legislature shall be as determined in terms of section 105 of the new Constitution.'.
'11. Parties registered in terms of national legislation and contesting an election of a provincial legislature, shall nominate candidates for election to such provincial legislature on provincial lists prepared in accordance with this Schedule and national legislation.'.
16 (1) After the counting of votes has been concluded, the number of representatives of each party has been determined and the election result has been declared in terms of section 190 of the new Constitution, the Commission shall, within two days after such declaration, designate from each list of candidates, published in terms of national legislation, the representatives of each party in the legislature.
Following the designation in terms of subitem (1), if a candidate's name appears on more than one list for the National Assembly or on lists for both the National Assembly and a provincial legislature (if an election of the Assembly and a provincial legislature is held at the same time), and such candidate is due for designation as a representative in more than one case, the party which submitted such lists shall, within two days after the said declaration, indicate to the Commission from which list such candidate will be designated or in which legislature the candidate will serve, as the case may be, in which event the candidate's name shall be deleted from the other lists.
The Commission shall forthwith publish the list of names of representatives in the legislature or legislatures.'.
' (b) a representative is appointed as a permanent delegate to the National Council of Provinces;'.
'19. Lists of candidates of a party referred to in item 16 (1) may be supplemented on one occasion only at any time during the first 12 months following the date on which the designation of representatives in terms of item 16 has been concluded, in order to fill casual vacancies: Provided that any such supplementation shall be made at the end of the list.'.
whose name appears on the list of candidates from which the vacating member was originally nominated; and who is the next qualified and available person on the list.
A nomination to fill a vacancy shall be submitted to the Speaker in writing.
If a party represented in a legislature dissolves or ceases to exist and the members in question vacate their seats in consequence of item 23A (1), the seats in question shall be allocated to the remaining parties mutatis mutandis as if such seats were forfeited seats in terms of item 7 or 14, as the case may be.'.
23A (1) A person loses membership of a legislature to which this Schedule applies if that person ceases to be a member of the party which nominated that person as a member of the legislature.
Despite subitem (1) any existing political party may at any time change its name.
An Act of Parliament may, within a reasonable period after the new Constitution took effect, be passed in accordance with section 76 (1) of the new Constitution to amend this item and item 23 to provide for the manner in which it will be possible for a member of a legislature who ceases to be a member of the party which nominated that member, to retain membership of such legislature.
An Act of Parliament referred to in subitem (3) may also provide for any existing party to merge with another party; or any party to subdivide into more than one party.'.
The deletion of item 24.
'new Constitution' means the Constitution of the Republic of South Africa, 1996;'.
The deletion of item 26.
before calling a referendum; and before pardoning or reprieving offenders.'.
'(3) Subsections (1) and (2) apply also to an Executive Deputy President.'.
Paragraph (a) of section 90 (1) of the new Constitution is deemed to read as follows. ' (a) an Executive Deputy President designated by the President;'.
not more than one Minister who is not a member of the National Assembly and appointed in terms of subsection (13), provided the President, acting in consultation with the Executive Deputy Presidents and the leaders of the participating parties, deems the appointment of such a Minister expedient.
Each party holding at least 80 seats in the National Assembly is entitled to designate an Executive Deputy President from among the members of the Assembly.
If no party or only one party holds 80 or more seats in the Assembly, the party holding the largest number of seats and the party holding the second largest number of seats are each entitled to designate one Executive Deputy President from among the members of the Assembly.
On being designated, an Executive Deputy President may elect to remain or cease to be a member of the Assembly.
An Executive Deputy President may exercise the powers and must perform the functions vested in the office of Executive Deputy President by the Constitution or assigned to that office by the President.
until 30 April 1999 unless replaced or recalled by the party entitled to make the designation in terms of subsections (2) and (3); or until the person elected President after any election of the National Assembly held before 30 April 1999, assumes office.
A vacancy in the office of an Executive Deputy President may be filled by the party which designated that Deputy President.
A party holding at least 20 seats in the National Assembly and which has decided to participate in the government of national unity, is entitled to be allocated one or more of the Cabinet portfolios in respect of which Ministers referred to in subsection (1) (a) are to be appointed, in proportion to the number of seats held by it in the National Assembly relative to the number of seats held by the other participating parties.
A quota of seats per portfolio must be determined by dividing the total number of seats in the National Assembly held jointly by the participating parties by the number of portfolios in respect of which Ministers referred to in subsection (1) (a) are to be appointed, plus one.
The result, disregarding third and subsequent decimals, if any, is the quota of seats per portfolio.
The number of portfolios to be allocated to a participating party is determined by dividing the total number of seats held by that party in the National Assembly by the quota referred to in paragraph (b).
The result, subject to paragraph (e) , indicates the number of portfolios to be allocated to that party.
Where the application of the above formula yields a surplus not absorbed by the number of portfolios allocated to a party, the surplus competes with other similar surpluses accruing to another party or parties, and any portfolio or portfolios which remain unallocated must be allocated to the party or parties concerned in sequence of the highest surplus.
if the President is requested to do so by the leader of the party of which the Minister in question is a member; or if it becomes necessary for the purposes of the Constitution or in the interest of good government; or fill, when necessary, subject to paragraph (b) , a vacancy in the office of Minister.
the exercise of a power referred to in paragraph (b) , (d) (i) or (e) of that subsection affecting a person who is not a member of the President's party, the decision of the leader of the party of which that person is a member prevails; and the exercise of a power referred to in paragraph (b) or (e) of that subsection affecting a person who is a member of the President's party, the President's decision prevails.
the affected Ministers must vacate their portfolios but are eligible, where applicable, for reappointment to other portfolios allocated to their respective parties in terms of the varied determination.
fill, if necessary, a vacancy in respect of that portfolio; or after consultation with the Executive Deputy Presidents and the leaders of the participating parties, must terminate any appointment under paragraph (a) if it becomes necessary for the purposes of the Constitution or in the interest of good government.
Meetings of the Cabinet must be presided over by the President, or, if the President so instructs, by an Executive Deputy President: Provided that the Executive Deputy Presidents preside over meetings of the Cabinet in turn unless the exigencies of government and the spirit embodied in the concept of a government of national unity otherwise demand.
The Cabinet must function in a manner which gives consideration to the consensus-seeking spirit embodied in the concept of a government of national unity as well as the need for effective government.'.
93 (1) The President may, after consultation with the Executive Deputy Presidents and the leaders of the parties participating in the Cabinet, establish deputy ministerial posts.
A party is entitled to be allocated one or more of the deputy ministerial posts in the same proportion and according to the same formula that portfolios in the Cabinet are allocated.
The provisions of section 91 (10) to (12) apply, with the necessary changes, in respect of Deputy Ministers, and in such application a reference in that section to a Minister or a portfolio must be read as a reference to a Deputy Minister or a deputy ministerial post, respectively.
Whenever a Deputy Minister is absent or for any reason unable to exercise or perform any of the powers or functions of office, the President may appoint any other Deputy Minister or any other person to act in the said Deputy Minister's stead, either generally or in the exercise or performance of any specific power or function.'.
Deputy Minister acts.
(3) Ministers are accountable individually to the President and to the National Assembly for the administration of their portfolios, and all members of the Cabinet are correspondingly accountable collectively for the performance of the functions of the national government and for its policies.
Ministers must administer their portfolios in accordance with the policy determined by the Cabinet.
If a Minister fails to administer the portfolio in accordance with the policy of the Cabinet, the President may require the Minister concerned to bring the administration of the portfolio into conformity with that policy.
if it is a Minister referred to in section 91 (1) (b) , after consultation with the Executive Deputy Presidents and the leaders of the participating parties.'.
132 (1) The Executive Council of a province consists of the Premier and not more than 10 members appointed by the Premier in accordance with this section.
A party holding at least 10 per cent of the seats in a provincial legislature and which has decided to participate in the government of national unity, is entitled to be allocated one or more of the Executive Council portfolios in proportion to the number of seats held by it in the legislature relative to the number of seats held by the other participating parties.
a Minister, must be read as a reference to a member of an Executive Council; and the National Assembly, must be read as a reference to the provincial legislature.
fill, when necessary, subject to paragraph (b) , a vacancy in the office of a member of the Executive Council.
the exercise of a power referred to in paragraph (b) , (d) (i) or (e) of that subsection affecting a person who is not a member of the Premier's party, the decision of the leader of the party of which such person is a member prevails; and the exercise of a power referred to in paragraph (b) or (e) of that subsection affecting a person who is a member of the Premier's party, the Premier's decision prevails.
If any determination of portfolio allocations is varied under subsection (4) (c) , the affected members must vacate their portfolios but are eligible, where applicable, for reappointment to other portfolios allocated to their respective parties in terms of the varied determination.
Meetings of an Executive Council must be presided over by the Premier of the province.
An Executive Council must function in a manner which gives consideration to the consensus-seeking spirit embodied in the concept of a government of national unity, as well as the need for effective government.'.
(3) Members of Executive Councils are accountable individually to the Premier and to the provincial legislature for the administration of their portfolios, and all members of the Executive Council are correspondingly accountable collectively for the performance of the functions of the provincial government and for its policies.
Members of Executive Councils must administer their portfolios in accordance with the policy determined by the Council.
If a member of an Executive Council fails to administer the portfolio in accordance with the policy of the Council, the Premier may require the member concerned to bring the administration of the portfolio into conformity with that policy.
If the member concerned fails to comply with a requirement of the Premier under subsection (5), the Premier may remove the member from office after consultation with the member, and if the member is not a member of the Premier's party or is not the leader of a participating party, also after consultation with the leader of that member's party.'.
' (k) the establishment and maintenance of a national public order policing unit to be deployed in support of and at the request of the Provincial Commissioner;'.
'(1) Subject to section 218 (1), a Provincial Commissioner shall be responsible for-'.
'Provided that this subsection shall also apply to members of any armed force which submitted its personnel list after the commencement of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), but before the adoption of the new constitutional text as envisaged in section 73 of that Constitution, if the political organisation under whose authority and control it stands or with which it is associated and whose objectives it promotes did participate in the Transitional Executive Council or did take part in the first election of the National Assembly and the provincial legislatures under the said Constitution.'.
'(2) The National Defence Force shall exercise its powers and perform its functions solely in the national interest in terms of Chapter 11 of the Constitution of the Republic of South Africa, 1996.'.
'(1) A public service, department of state, administration or security service which immediately before the commencement of the Constitution of the Republic of South Africa, 1996 (hereinafter referred to as 'the new Constitution'), performed governmental functions, continues to function in terms of the legislation applicable to it until it is abolished or incorporated or integrated into any appropriate institution or is rationalised or consolidated with any other institution.'
(6) (a) The President may appoint a commission to review the conclusion or amendment of a contract, the appointment or promotion, or the award of a term or condition of service or other benefit, which occurred between 27 April 1993 and 30 September 1994 in respect of any person referred to in subsection (2) or any class of such persons.
The commission may reverse or alter a contract, appointment, promotion or award if not proper or justifiable in the circumstances of the case.'
by replacing 'this Constitution', wherever this occurs in section 236, with 'the new Constitution'.
an effective administration in the national sphere of government to deal with matters within the jurisdiction of the national sphere; and an effective administration for each province to deal with matters within the jurisdiction of each provincial government.'
'(i) institutions referred to in section 236 (1), excluding military forces, shall rest with the national government, which shall exercise such responsibility in co-operation with the provincial governments;'.
'(4) Subject to and in accordance with any applicable law, the assets, rights, duties and liabilities of all forces referred to in section 224 (2) shall devolve upon the National Defence Force in accordance with the directions of the Minister of Defence.'.
[Schedule 6B, previously Schedule 6A, inserted by s. 2 of the Constitution Eighth Amendment Act of 2002, amended by s. 5 of the Constitution Tenth Amendment Act of 2003, renumbered by s. 6 of the Constitution Tenth Amendment Act of 2003 and repealed by s. 5 of the Constitution Fifteenth Amendment Act of 2008.
(Short title, previously 'Constitution of the Republic of South Africa Amendment Act 35 of 1997 ', substituted by s. 2 of Act 5 of 2005.
To amend the Constitution of the Republic of South Africa, 1996, so as to make further provision in relation to the oath sworn or affirmation made by an Acting President; to extend the cut-off date in respect of the granting of amnesty; and to provide matters which are incidental therewith.
1 Amends section 90 of the Constitution of the Republic of South Africa, Act 108 of 1996 by adding subsection (4).
2 Amends Schedule 2 to the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting in item (1) the words preceding the oath or solemn affirmation.
3 Amends Schedule 6 to the Constitution of the Republic of South Africa Act 108 of 1996 by adding item (22) (2), the existing subitem becoming subitem (1).
This Act is called the Constitution First Amendment Act of 1997, and must be regarded as having taken effect on 4 February 1997.
[S. 4 substituted by s. 2 of Act 5 of 2005.
1998 ', substituted by s. 2 of Act 5 of 2005.
To amend the Constitution of the Republic of South Africa, 1996, so as to extend the term of Municipal Councils to provide for the designation of alternates in respect of certain members of the Judicial Service Commission; to amend the name of the Human Rights Commission; to adjust the powers of the Public Service Commission; and to extend and modify the application of transitional arrangements in respect of local government; and to provide for matters connected therewith.
1 Substitutes section 159 of the Constitution of the Republic of South Africa Act 108 of 1996.
2 Amends section 178 of the Constitution of the Republic of South Africa, Act 108 of 1996 , as follows: paragraph (a) substitutes subsection (1) (k) ; and paragraph (b) adds subsections (7) and (8).
3 Amends section 196 (4) of the Constitution of the Republic of South Africa, Act 108 of 1996 by adding paragraph (g).
4 Amends the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting the expression 'South African Human Rights Commission' for the expression 'Human Rights Commission'.
5 Amends item 26 of Schedule 6 to the Constitution of the Republic of South Africa, Act 108 of 1996 , as follows: paragraph (a) substitutes subitem (1) (a) and (b) ; and paragraph (b) substitutes in subitem (2) the expression '30 April 2000' for the expression '30 April 1999'.
This Act is called the Constitution Second Amendment Act of 1998.
[S. 6 substituted by s. 2 of Act 5 of 2005.
(Short title, previously 'Constitution of the Republic of South Africa Second Amendment Act 87 of 1998 ', substituted by s. 2 of Act 5 of 2005.
To amend the Constitution of the Republic of South Africa, 1996, so as to provide that, where a municipal boundary is determined across a provincial boundary, national legislation must make provision for establishing a municipality of a type agreed to by the provincial governments concerned and for the exercising of executive authority over that municipality; and to provide for matters connected therewith.
1 Amends section 155 of the Constitution of the Republic of South Africa, Act 108 of 1996 by inserting subsection (6A).
2 Amends section 157 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (4).
This Act is called the Constitution Third Amendment Act of 1998.
[S. 3 substituted by s. 2 of Act 5 of 2005.
(Short title, previously 'Constitution of the Republic of South Africa Amendment Act 3 of 1999 ', substituted by s. 2 of Act 5 of 2005.
To amend the Constitution of the Republic of South Africa, 1996, so as to enable a proclamation calling and setting dates for an election of a provincial legislature to be issued either before or after the expiry of the term of that legislature; and to provide for the allocation of undistributed delegates in a provincial delegation to the National Council of Provinces in a case where competing surpluses are equal; and to provide for matters connected therewith.
1 Amends section 108 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (2).
2 Amends Schedule 3, Part B of the Constitution of the Republic of South Africa, Act 108 of 1996 by adding item 3.
This Act is called the Constitution Fourth Amendment Act of 1999.
(Short title, previously 'Constitution of the Republic of South Africa Second Amendment Act 2 of 1999 ', substituted by s. 2 of Act 5 of 2005.
To amend the Constitution of the Republic of South Africa, 1996, so as to allow a proclamation calling and setting dates for an election of the National Assembly to be issued either before or after the expiry of the term of the National Assembly; and to dispense with the requirement that the chairperson and deputy chairperson of the Financial and Fiscal Commission must be full-time members of the Commission; and to provide for matters connected therewith.
1 Amends section 49 of the Constitution of the Republic of South Africa Act, 108 of 1996 by substituting subsection (2).
2 Amends section 221 (1) of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting paragraph (a).
This Act is called the Constitution Fifth Amendment Act of 1999.
(Short title, previously 'Constitution of the Republic of South Africa Amendment Act 34 of 2001 ', substituted by s. 2 of Act 5 of 2005.
To amend the Constitution of the Republic of South Africa, 1996, so as to change the title of the President of the Constitutional Court to that of Chief Justice; to provide for the offices of Deputy Chief Justice, President of the Supreme Court of Appeal and Deputy President of the Supreme Court of Appeal; to provide for the extension of the term of office of a Constitutional Court judge; to further regulate the appointment of Deputy Ministers; to make provision for municipal borrowing powers and to enable a Municipal Council to bind itself and a future Council in the exercise of its legislative and executive authority to secure loans or investments for the municipality; and to provide for matters connected therewith.
1 Amends section 51 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (1).
2 Amends section 52 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (2).
3 Substitutes section 54 of the Constitution of the Republic of South Africa, Act 108 of 1996.
4 Amends section 58 (1) of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting the words preceding paragraph (a).
5 Amends section 64 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (4).
6 Amends section 86 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsections (2) and (3).
7 Substitutes section 93 of the Constitution of the Republic of South Africa, Act 108 of 1996.
8 Amends section 110 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (1).
9 Amends section 111 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (2).
10 Amends section 128 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsections (2) and (3).
11 Amends section 167 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (1).
12 Amends section 168 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsections (1) and (2).
13 Amends section 174 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsections (3) and (4).
14 Amends section 175 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (1).
15 Amends section 176 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (1).
16 Amends section 178 of the Constitution of the Republic of South Africa, Act 108 of 1996 , as follows: paragraph (a) substitutes subsection (1) (b) ; paragraph (b) substitutes subsection (1) (k) ; and paragraph (c) substitutes subsection (7).
17 Inserts section 230A in the Constitution of the Republic of South Africa, Act 108 of 1996.
18 Substitutes Schedule 2 to the Constitution of the Republic of South Africa, Act 108 of 1996.
19 Amends Part A of Schedule 3 to the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting item 9.
20 Amends item 16 of Schedule 6 to the Constitution of the Republic of South Africa, Act 108 of 1996 , as follows: paragraph (a) deletes subitems (2) (b) and (3) (b) ; and paragraph (b) adds subitem (7).
This Act is called the Constitution Sixth Amendment Act of 2001.
[S. 21 substituted by s. 2 of Act 5 of 2005.
(Short title, previously 'Constitution of the Republic of South Africa Second Amendment Act 61 of 2001 ', substituted by s. 2 of Act 5 of 2005.
to make provision for provincial borrowing powers; and to provide for matters connected therewith.
1 Amends section 73 of the Constitution of the Republic of South Africa, Act 108 of 1996 , as follows: paragraph (a) substitutes subsection (2); and paragraph (b) substitutes subsection (3).
2 and 3 Substitute respectively sections 77 and 120 of the Constitution of the Republic of South Africa, Act 108 of 1996.
4 Amends section 163 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting paragraph (b).
[Date of commencement of s. 4: 1 December 2003.
5 Amends section 216 of the Constitution of the Republic of South Africa, Act 108 of 1996 , as follows: paragraph (a) substitutes subsection (2); and paragraph (b) substitutes in subsection (3) the words preceding paragraph (a).
6 Amends section 217 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (3).
7 Amends section 221 of the Constitution of the Republic of South Africa, Act 108 of 1996 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) inserts subsection (1A).
[Date of commencement of s. 7: 1 December 2003.
8 Amends section 226 of the Constitution of the Republic of South Africa, Act 108 of 1996 by adding subsection (4).
9 Amends section 228 (1) of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting paragraph (b).
10 Substitutes section 230 of the Constitution of the Republic of South Africa, Act 108 of 1996.
This Act is called the Constitution Seventh Amendment Act of 2001, and comes into operation on a date to be fixed by the President by proclamation in the Gazette.
[S. 11 substituted by s. 2 of Act 5 of 2005.
(Short title, previously 'Constitution of the Republic of South Africa Amendment Act 18 of 2002 ', substituted by s. 2 of Act 5 of 2005.
To amend the Constitution of the Republic of South Africa, 1996, so as to enable a member of a Municipal Council to become a member of another party whilst retaining membership of that Council; to enable an existing party to merge with another party, or to subdivide into more than one party, or to subdivide and any one of the subdivisions to merge with another party, whilst allowing a member of a Council affected by such changes to retain membership of that Council; and to provide for matters connected therewith.
1 Amends section 157 of the Constitution of the Republic of South Africa, Act 108 of 1996 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (3).
2 Inserts Schedule 6A in the Constitution of the Republic of South Africa, Act 108 of 1996.
This Act is called the Constitution Eighth Amendment Act of 2002.
(Short title, previously 'Constitution of the Republic of South Africa Second Amendment Act 21 of 2002 ', substituted by s. 2 of Act 5 of 2005.
To amend the Constitution of the Republic of South Africa, 1996, in order to regulate the allocation of delegates to the National Council of Provinces in the event of changes of party membership, mergers between parties, subdivision of parties or subdivision and merger of parties within a provincial legislature; and to provide for matters connected therewith.
1 Amends section 61 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (2).
2 Amends section 62 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (3).
3 Amends Part B of Schedule 3 to the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting item 3.
This Act is called the Constitution Ninth Amendment Act of 2002.
2003 ', substituted by s. 2 of Act 5 of 2005.
To amend the Constitution of the Republic of South Africa, 1996, so as to enable a member of the National Assembly or a provincial legislature to become a member of another party whilst retaining membership of the National Assembly or that provincial legislature; to enable an existing party to merge with another party, or to subdivide into more than one party, or to subdivide and to permit any of the subdivisions to merge with another party, whilst allowing a member of a legislature affected by such changes to retain membership of that legislature; and to provide for matters connected therewith.
Amends section 46 (1) of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting the words preceding paragraph (a).
1996 by substituting subsection (3).
3 Amends section 105 (1) of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting the words preceding paragraph (a).
4 Amends section 106 of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting subsection (3).
5 Amends Schedule 6A to the Constitution of the Republic of South Africa, Act 108 of 1996 by deleting item 9.
6 Inserts Schedule 6A into the Constitution of the Republic of South Africa, Act 108 of 1996 , the existing Schedule 6A becoming Schedule 6B.
7 Amends Schedule 2 to the Constitution of the Republic of South Africa, Act 200 of 1993, as follows: paragraph (a) substitutes item 23; and paragraph (b) substitutes item 23A.
8 Repeals the Loss or Retention of Membership of National and Provincial Legislatures Act 22 of 2002.
9 The laws mentioned in column 2 of the Table are hereby amended to the extent indicated in column 3 of the Table.
3 Act No.
Local Government: Amendment of sections 26, 29, 63, Municipal Structures Act, 1998 66, 93A, 93B, item 10 of Schedule 1, item 4 of Schedule 2 and the Table of Contents by the substitution for the words 'Schedule 6A to the Constitution', wherever they occur, of the words 'Schedule 6B to the Constitution'.
This Act is called the Constitution Tenth Amendment Act of 2003, and comes into operation on a date set by the President by proclamation.
[S. 10 substituted by s. 2 of Act 5 of 2005.
(Short title, previously 'Constitution of the Republic of South Africa Second Amendment Act 3 of 2003 ', substituted by s. 2 of Act 5 of 2005.
To amend the Constitution of the Republic of South Africa, 1996, so as to provide for Bills regulating certain financial matters to be dealt with in terms of section 76 (1) of the Constitution; to change the name of the Northern Province to Limpopo; to further regulate provincial intervention in local government; and to further regulate the process of review by the National Council of Provinces where there has been national executive intervention in provincial government and provincial executive intervention in local government; and to provide for matters connected therewith.
1 Amends section 76 (4) of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting paragraph (b).
2 Amends section 100 of the Constitution of the Republic of South Africa, Act 108 of 1996 , as follows: paragraph (a) substitutes the heading; paragraph (b) substitutes in subsection (1) the words preceding paragraph (a) ; and paragraph (c) substitutes subsection (2).
3 Amends section 103 (1) of the Constitution of the Republic of South Africa, Act 108 of 1996 by substituting paragraph (g).
4 Substitutes section 139 of the Constitution of the Republic of South Africa, Act 108 of 1996.
This Act is called the Constitution Eleventh Amendment Act of 2003, and takes effect on a date determined by the President by proclamation in the Gazette.
[S. 5 substituted by s. 2 of Act 5 of 2005.
To amend the Constitution of the Republic of South Africa, 1996, so as to effect a technical change; to re-determine the geographical areas of the nine provinces of the Republic of South Africa; and to provide for matters connected therewith.
1 Substitutes section 103 of the Constitution of the Republic of South Africa, 1996. [Date of commencement of s. 1 in so far as it inserts s. 103 (3): 23 December 2005.
2 Amends section 155 of the Constitution of the Republic of South Africa, 1996, by deleting subsection (6A).
3 Amends section 157 (4) of the Constitution of the Republic of South Africa, 1996, by deleting paragraph (b).
4 Inserts Schedule 1A to the Constitution of the Republic of South Africa, 1996.
This Act is called the Constitution Twelfth Amendment Act of 2005 , and takes effect on a date determined by the President by proclamation in the Gazette.
1, takes effect on the date of publication of this Act.
1 Amends Schedule 1A to the Constitution of the Republic of South Africa, 1996, as follows: paragraph (a) substitutes the determination of the geographical area of the Province of the Eastern Cape; and paragraph (b) substitutes the determination of the geographical area of the Province of Kwa-Zulu Natal.
1 Amends section 61 of the Constitution of the Republic of South Africa, 1996 by substituting subsection (2).
2 Amends section 62 of the Constitution of the Republic of South Africa, 1996 by substituting subsection (3).
3 Amends section 105 (1) of the Constitution of the Republic of South Africa, 1996 by substituting the words preceding paragraph (a).
4 Amends section 106 of the Constitution of the Republic of South Africa, 1996 by substituting subsection (3).
5 Amends Part B of Schedule 3 to the Constitution of the Republic of South Africa, 1996, as follows: paragraph (a) substitutes item 3; and paragraph (b) adds item 4.
6 Repeals Schedule 6A to the Constitution of the Republic of South Africa, 1996.
This Act is called the Constitution Fourteenth Amendment Act of 2008, and comes into operation on a date set by the President by proclamation in the Gazette.
1 Amends section 46 (1) of the Constitution of the Republic of South Africa, 1996 by substituting the words preceding paragraph (a).
2 Amends section 47 of the Constitution of the Republic of South Africa, 1996 by substituting subsection (3).
3 Amends section 157 (1) of the Constitution of the Republic of South Africa, 1996 by substituting the words preceding paragraph (a).
4 Amends section 158 of the Constitution of the Republic of South Africa, 1996 by adding subsection (3).
5 Repeals Schedule 6B to the Constitution of the Republic of South Africa, 1996.
This Act is called the Constitution Fifteenth Amendment Act of 2008, and comes into operation on a date set by the President by proclamation in the Gazette.
To amend the Constitution of the Republic of South Africa, 1996, in order to redetermine the geographical areas of the provinces of Gauteng and North-West; and to provide for matters connected therewith.
1 Amends Schedule 1A to the Constitution of the Republic of South Africa, 1996, as follows: paragraph (a) substitutes under the heading 'The Province of Gauteng' the reference to 'Map No. 4 of Schedule 1 to Notice 1998 of 2005' with a reference to 'Map No. 4 in Notice 1490 of 2008'; and paragraph (b) substitutes under the heading 'The Province of North West' the reference to 'Map No. 5 of Schedule 1 to Notice 1998 of 2005' with a reference to 'Map No. 5 in Notice 1490 of 2008'.
This Act is called the Constitution Sixteenth Amendment Act of 2009, and comes into operation on a date determined by the President by proclamation in the Gazette.
<fn>GOV-ZA.19963En.2012-02-10.en.txt</fn>
(Assented to 14 April 1999.
Amendment of section 1 of Act 74 of 1983, as amended by section 2 of Act 34 of 1986, section 1 of Act 86 of 1991, section 1 of Act 96 of 1996 and section 1 of Act 56 of 1998 1.
Insertion of section 16A in Act 74 of 1983 2. The following section is hereby inserted in Chapter 3 of the principal Act, after section 16.
16A. An appeal shall lie against any order made or any refusal to make an order in terms of section 11, 15 or 38(2)(a), or against the variation, suspension or rescission of such order, to the competent division of the High Court of South Africa, and if brought, shall be noted and prosecuted as if it were an appeal against a civil judgement of a magistrate's court.
Insertion of section 28A in Act 74 of 1983 3.
28A. The Minister may, with the concurrence of the Minister of Finance, out of monies appropriated by Parliament for that purpose, establish and maintain secure care facilities for the reception and secure care of children awaiting trial or sentence.
Amendment of section 34 of Act 74 of 1983, as amended by section 10 of Act 86 of 1991 4.
"(1) The Minister may , subject to the provisions of subsection (3), by order in writing transfer any pupil or child from any institution to which heor she has lawfully been sent or from any custody (except the custody of his or her parent or guardian or of the person mentioned in section 15(1)(a)) in which or supervision under which he or she has lawfully been placed, to any institution, custody or supervision mentioned in section 15 of this Act or section 290 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977)."
Insertion of section 50A in Act 74 of 1983 5.
50A. (1) Any person who participates or is involved in the commercial sexual exploitation of a child shall be guilty of an offence.
Amendment of section 54 of Act 74 of 1983 6.
"(1) Whenever in any proceedings in terms of this Act the age of any person is a relevant fact of which no or insufficient evidence is available, the officer presiding at those proceedings may estimate the age of that person by his or her appearance or and from any information which is available, and the age so estimated shall for the purposes of this Act be deemed to be the true age of that person.".
<fn>GOV-ZA.19964En.2012-02-10.en.txt</fn>
NO. 14 OF 1999: PREVENTION AND TREATMENT OF DRUG DEPENDENCY ACT, 1999. No. 496.
Act which is hereby published for general information:- No.
Act, 1999. GENERAL EXPLANATORY NOTE: Words in bold type indicate omissions from existing enactments. Words in italics indicate insertions in existing enactments.
To amend the Prevention and Treatment of Drug Dependency Act, 1992, so as to delete a definition and define certain expressions; to establish the Central Drug Authority; and to provide for the assistance of the Drug Authority by a secretariat; and to provide formatters connected therewith.
106 of 1996 1.
by the insertion after the definition of "Minister" of the following definition: "'National Drug Master Plan' means the national drug strategy setting out the policy and strategies against the abuse of drugs as adopted by Cabinet;".
Substitution of section 2 of Act 20 of 1992 2.
2.(1) There is hereby established a body to be known as the Central Drug Authority, which may exercise the powers and shall perform the duties conferred or imposed upon the Drug Authority by or in terms of this Act.
not more than 12 other members, who shall be persons who have special knowledge of or experience in the problem relating to the abuse of drugs or who are able to make a substantial contribution to the combating of such problem.
the Minister has through the media and by notice in the Gazette invited nominations of persons as members of the Drug Authority; and the parliamentary committees for welfare of the National Assembly and the National Council of Provinces have made recommendations to the Minister in relation thereto after a transparent and open process of considering persons so nominated.
A member of the Drug Authority shall be appointed for a period not exceeding five years, and upon such conditions as the Minister may determine at the time of making the appointment: Provided that the period of office of a member may at any time be terminated by the Minister for reasons which are just and fair.
A member of the Drug Authority may on the expiration of any period for which he or she was appointed, be reappointed.
If the office of any member of the Drug Authority becomes vacant before the expiration of the period for which he or she was appointed, the Minister shall, subject to the applicable provisions of subsections (2) and (3), appoint another person to hold office for the unexpired portion of the period for which his or her predecessor was appointed.
Any member of the Drug Authority who is not an officer in the public service, may be paid such fees or travelling and subsistence allowance, while engaged upon the business of the Drug Authority, as the Minister may, with the concurrence of the Minister of Finance, determine.
One of the members of the Drug Authority shall be designated by the Minister as chairperson of the Drug Authority, and at the first meeting of every newly constituted Drug Authority the members of the Drug Authority shall elect a vice-chairperson from their number.
The vice-chairperson shall, when acting in the place of the chairperson, in all respects have all the powers and perform all the duties of the chairperson.
In the event of the absence of both the chairperson and the vice-chairperson from any meeting of the Drug Authority, the members present at that meeting shall elect one of their number to preside at that meeting.
The first meeting of the Drug Authority shall be held at a time and place to be determined by the Minister, and subsequent meetings shall be held at least twice a year and at such times and places as the chairperson with the approval of the Minister may determine.
The Drug Authority shall, as soon as may be practicable after it has been established, frame rules governing its quorum, the procedure at meetings and, generally, the conduct of its functions, and may from time to time alter or revoke any such rules.
Such rules shall have no force and effect unless they have been approved by the Minister.
The Drug Authority shall annually, not later than the first day of June, submit to the Minister a report on all its functions as well as a comprehensive description of the national effort to reduce and eliminate the abuse of drugs during the previous year.
The report referred to in paragraph (a) shall be laid upon the table in Parliament within 14 days after it is submitted to the Minister, if Parliament is then sitting, or, if Parliament is not then sitting, within 14 days after its next sitting day.
Insertion of section 2A in Act 20 of 1992 3.
2A. (1) Work incidental to the performance of the functions of the Drug Authority shall, subject to the control and directions of the Drug Authority, be performed by a secretariat consisting of the Director: Secretariat of the Central Drug Authority and two or more assistants.
The Director and assistants referred to in subsection (1) shall be suitably qualified and experienced persons appointed by the Minister on such terms and conditions as the Minister with the concurrence of the Minister of Finance may determine.
Department or institution in question.
Substitution of section 3 of Act 20 of 1992 4.
may exercise such powers and shall perform such duties as may be determined by the Minister from time to time.
Section 4 of the principal Act is hereby amended by the substitution for the word "Board", wherever it occurs, of the expression "Drug Authority".
The Board Drug Authority may subject to the approval of the Minister from time to time establish such other committees as it may deem necessary to investigate and report to it on any matter relating to the functions of the Board give effect to the National Drug Master Plan.
Any member of a committee who is not an officer in the public service, may be paid such fees or travelling and subsistence allowance, while he or she is engaged upon the business of the committee, as the Minister may, with the concurrence of the Minister of State Expenditure Finance, determine.
Any committee may make rules in relation to the holding of, and procedure at, its meetings.
This Act is called the Prevention and Treatment of Drug Dependency Amendment Act, 1999.
<fn>GOV-ZA.199674gg31808procEn.2012-02-10.en.txt</fn>
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Twentieth day of December Two thousand and eight.
The failure by the Department to comply with procurement and tender procedures in the procurement of services for the provision of transport for scholars.
irregular procurement of, services for the provision of transport for scholars.
<fn>GOV-ZA.1996En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1996v1n1julEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.1996v1n2sepEn.2012-02-10.en.txt</fn>
North West Premier, Thandi Modise, and her MECs will be at Mafikeng Provincial Hospital on Friday to ease the burden on hospital staff by offering their services as part of their 67 minutes contribution during Mandela Week.
<fn>GOV-ZA.1997022101En.2012-02-10.en.txt</fn>
My arm was twisted into addressing you this morning, although my staff are telling me I should not be speaking in public so close to the budget. Of course, speaking to business people less than three weeks before the budget does limit the scope of what I am able to say, and the questions I am able to answer, but I have been assured that you are keen to hear about the progress we are making in implementing our Growth, Employment and Redistribution Strategy, and what government is doing to engender business confidence. Let me start by pointing out, from our perspective, some of the reasons why we feel business should be feeling confident about our economic prospects.
Certainly if we look back at what kind of an economy business has been faced with over the past twenty years, there are reasons to be positive. From the early 1980s through the first half of the nineties, the South African economy grew by little more than 1,0 percent per year, and national income per capita fell by about 18 percent. Over this period, consumption expenditure be general government increased from 15 percent to 21 percent of GDP and gross domestic fixed investment fell from 27 percent to 16 percent of the aggregate. Government debt increased from 30 percent to nearly 60 percent of GDP. These are trends which we have begun to reverse. The growth recovery, which has averaged 3 percent a year since 1994, has for the first time in many decades been led mainly by investment in the private sector and a strong expansion of non-gold exports.
The strong inflow of foreign capital into the JSE during the first six weeks of 1997 has contributed to bringing bond rates down below 15% for the first time since March last year. A lower public sector borrowing requirement in 1997/98 will reinforce this downward trend in interest rates. We also expect government debt to come down from 58% of GDP in the second half of 1995 to below 55% in 1997 - a fall in this ratio for the first time in 6 years. Figures released last week indicated that we on target for achieving our target of a 5,1% budget deficit for 1996/97, and we remain committed to achieving 4% in the forthcoming budget, with a reduction to 3% by the year 2000. What are the strategies that are affecting this turnaround Certainly the strategies that form part of the GEAR document are playing a major role. GEAR commits the government to fiscal discipline?
Evidence of the implementation of this can be seen in the successful way in which the newly created debt management office is dealing with debt and cash management. Other evidence is found in reaching the deficit targets we have set, as I've just mentioned. A package of investment incentives and accelerated depreciation allowances has been introduced and will be maintained for a three-year period. Alongside the tax incentive, several supply-side measures have been introduced, including enhanced support for the small business sector.
A number of major co-ordinated infrastructural and industrial investment projects have been initiated. Our monetary and financial policies are aimed at containing the inflationary impact of the currency depreciation and protecting the integrity of our banking system and capital markets. Consistent with the opening up of the economy to international trade and capital flows, approximately fifty percent of exchange control measures have been abolished and the remaining exchange controls will in due course be phased out. Our complex tariff regime has been substantially rationalised, customs surcharges have been removed, a programme of tariff reductions is under way and trade negotiations are in progress both with the European Union and in our own regional context.
Following the sale of several radio stations last year, a partial privatisation of our telecommunications utility will be completed this year. Preparation is in progress for the sale or corporatisation of several other public entities. A new Labour Relations Act is in place, and 1997 should see the introduction of a new framework for financing industrial training in addition to completion of negotiations around the protection of basic conditions of employment. In some of these areas, policies are already in place and programmes are up and running. In others there is further work to do - in labour market policies, for example, time has to be allowed for the negotiations process within the Nedlac environment, and the trade reform programme requires extensive international consultation and sometimes tough bargaining. Growth in the manufacturing sector during 1996 has been disappointing and we have not made sufficient progress in meeting the employment challenge which confronts us.
But on other fronts, the record of the past year has been consistent with our growth strategy projections. Exports have continued to grow strongly, government has kept to its deficit target for this fiscal year, and industrial investment continues to take the lead in the expansion of domestic expenditure. Against the background of the long decline in average living standards up to 1993, real income per capita in South Africa has increased by between 4 and 5 percent over the past three years. A mild slowdown in the economy is now in progress, but we anticipate a growth recovery towards the end of 1997, sustained and strengthened during the remaining years of the decade.
The underlying growth potential of this economy has for many decades been suppressed by discriminatory human development policies, a plethora of ideologically motivated regulatory constraints, an absurd spatial development framework and a series of unproductive so-called strategic industrial investments. This is behind us. We will enter the twenty-first century a robust, revitalised, rapidly industrialising powerhouse of the Southern African region, capable of taking full advantage of the opportunities the global economy offers.
<fn>GOV-ZA.1997031201En.2012-02-10.en.txt</fn>
Three years into the life of our young democracy, the political outlook remains exceedingly positive. A solid foundation has been laid with the adoption of our deep, modern and widelyrespected Constitution. The support provided by the Reconstruction and Development Programme (RDP) remains firm. We continue to enjoy a good standing in the global community because of our ongoing commitment to sustainable peace and development, particularly on the African continent. Yet, this Government and all South Africans need to do much more to ensure that our hard-won democracy is translated into tangible and significant improvements in the lives of all South Africans.
This endeavour demands that all of us, whether within or outside of government, be equipped with a long-term view and be willing to take appropriate decisions in the short-term struggle for ongoing transformation. Every opportunity which presents itself is important. The annual Budget is one such opportunity. It challenges the Government to exercise choices, not all of them popular, to construct the environment within which all of our people will flourish. Of necessity, these choices must reflect both our immediate priorities and those elements of our longer term vision which make for durable peace, democracy and rising standards of living.
This was the way we approached the making of the Budget which we present today. In essence, the Budget reflects the economic policy of Government through the detailing of financing and expenditure programmes, and it mirrors the choices between accelerated service delivery, the promotion of economic growth, job creation and the containment of inflation.
In this Budget we make a substantial allocation to poverty relief; we invest in people through a significant reprioritisation of expenditures in favour of social development; we are bold in the further integration of South Africa into the global economy by the freeing up of exchange controls; we provide tax relief for those on incomes up to R60 000; we improve the competitiveness of our financial markets by reducing the marketable securities tax; and we ensure the stability and integrity of macroeconomic policy by delivering on our commitment to a 4 per cent deficit.
This Budget tells the story of a government determined to effect deep transformation and to live within its means. It makes significant investments in the RDP, mindful of the targets which had been set in the strategy for Growth, Employment and Redistribution (GEAR). It demonstrates unequivocally that the success of the RDP is dependent on the successful implementation of the GEAR. More importantly, it reminds us that we remain firmly on course to secure a Better Life for All.
finally, I will discuss the financing of the Budget, tax proposals and the deficit and borrowing requirements.
The RDP is the embodiment of the commitment of this government to the elimination of poverty in a rapidly growing economy and in the context of an open, peaceful and democratic society. For this vision to materialise, policies must be oriented towards the provision of basic needs, the development of human resources, and a growing economy capable of creating sustainable jobs. The success of the RDP is inherently bound by our ability to generate this developmental and redistributive thrust within a sound fiscal and macroeconomic framework.
To give effect to the RDP in the context of a rapidly globalising and highly competitive international environment requires a significant change in the path of economic growth and development. The challenge to Government is to align economic policy in a way that will ensure an acceleration of economic growth and a substantial improvement in job creation by the turn of the century. The policies set out in the GEAR programme are designed to achieve these objectives.
a society capable of ensuring that sound health, education and other services are available to all; and an environment in which homes are safe and places of work are productive.
At the centre of the GEAR strategy is investment and job creation. The two go hand-in-hand. Growth without job creation does not address the challenges we face. Job creation is the one area lagging behind the targets we set ourselves. However, this Budget and the policy stance it embodies will provide an impetus for both investment and job creation.
So yes, investment is important. Sustainable job creation requires a steady stream of capital investment. And, in cases such as our own where savings ratios are low, we need to compete to attract savings from elsewhere in the world. For all these reasons, it is imperative that we take stock of the disciplines of the global economy. We need to examine continually how we integrate into that economy without sacrificing our fundamental and implacable commitment to social transformation.
Moreover, we live in the information age. Today investors and savers, wherever they are, have access to a vast array of information from which to make investment decisions. Quality, transparency and availability of information is more important now than ever before. As part of the drive to improve the availability and quality of information. South Africa now subscribes to the Standardised Data Dissemination Service of the International Monetary Fund, and the full details of today's Budget will be available immediately all round the world on the Internet.
The South African economy grew by 3,1 per cent in 1996, making this the fourth consecutive year of growth. This performance stands in sharp contrast to the 1980s and early 1990s when growth averaged just 1 per cent per year. It is also encouraging to note that real income per person is some 4* per cent above the 1993 level.
Evidence is emerging that structural changes are well underway in the non-agricultural sectors of the economy and in the manufacturing sector in particular, reflecting the changes that the GEAR is designed to sustain.
Overall, investment will in due course lead to stronger employment creation, whilst productivity should continue to rise, keeping unit labour costs in check. Capacity utilisation is high, inducing private sector led investment in a number of sectors.
Notwithstanding the recent dip in real gross fixed investment, which slowed down from 10* per cent growth in 1995 to 7 per cent in 1996, the ultimate outcome has been an expansion in manufacturing output and manufactured exports.
A closer examination of the manufacturing sub-sectors shows that the extent of structural change varies. Some manufacturing sectors have registered a decline in employment while others have shown increases. Significant investments are also taking place in several industries.
Such changes are essential and need to be accelerated if we are to compete internationally.
strategic links between industrial policy and infrastructure development and provision; and the integration of industrial strategy with labour market and institutional transformation strategies.
The government sector has also played an important role in capital formation. Real fixed investment by public corporations increased by 10 per cent during 1996. In addition there is now an acceleration in RDP projects and other capital outlays by government departments.
modernising information technology, telecommunications and transport capacity so as enhance efficiency and competitiveness; and creating potential for further technological innovation which in turn could enhance the delivery of services and increase participation in economic activity.
In combination, these factors add to new economic activity and thereby increase substantially the job creation potential of the economy.
However, substantial amounts of capital are required to finance the scale of infrastructure we need. A new financing strategy based on a dynamic partnership between government and the private sector is evolving. Government's role is to act as a catalyst to generate the level of resources required. Government, development finance institutions and public corporations are already pooling resources to finance development more creatively.
The importance that Government attaches to investment is reinforced by the approach we have adopted in relation to the supply-side measures introduced to enhance and support trade and industrial development. Tax incentives were introduced in 1996 and will be available for a period of three years. A range of other measures aimed at assisting firms to expand or improve production, productivity, exports and employment are also in place, including the Technology and Human Resource for Industry Programme (THRIP), which supports links between industry and tertiary education institutions, and the Support Programme for Industrial Innovation (SPII), to name but two.
Combined with the results of a number of cluster studies and the spatial development initiatives, the supportive environment for investment and thereby job creation has been significantly strengthened.
The Inter-Governmental Conference held in February set in motion a more coordinated process between all three levels of government in regard to infrastructure and investment initiatives. This will facilitate the spatial development initiatives that will unfold in the course of 1997.
The promotion of small, medium-sized and micro enterprises is a key aspect of Government's economic policy. The National Small Business Act was passed in November 1996, providing for the establishment of Ntsika Enterprise Promotion Agency and a National Small Business Council, and for a mechanism to review the impact of training and proposed legislation on small businesses. In addition, the Khula Enterprise Finance Company is operational, and has initiated a credit guarantee scheme and a capacity building project aimed at supporting targeted retail financial intermediaries. A loans programme will get underway in 1997.
The opportunities for infrastructure expansion are enormous. The financing strategy is crucial since government budgetary resources alone are inadequate. Similarly, the future of state-owned enterprises will depend in part on the successful enhancement of their access to capital and technology.
For these reasons, Government embarked on the process of restructuring its enterprises. The National Framework Agreement is an enormous asset in respect of building a consensus on the approach to each enterprise.
Detailed analysis is being undertaken of all state owned enterprises. Work has begun on the restructuring of subsidiaries of Transnet and an enterprise restructuring committee has been formed at Eskom. Enterprises which should restructure or, in some cases, be wholly sold during this year include Sun Air, Aventura, and the Airports Company. Significant preparations should be concluded on Safcol, Alexkor, and Autonet during this year. Final negotiations are now underway on the sale of 30 per cent of Telkom to a consortium comprising SBC Communications (USA) and Telekom Malaysia. This transaction should see a significant injection of foreign capital into the economy. Improvements in the efficiency, cost-effectiveness and service orientation are expected.
A National Empowerment Fund (NEF) will be established during this fiscal year in order to assist in the broadening of the ownership base and thereby contribute to creating a more equitable distribution of incomes and wealth.
Price stability is an important determinant of economic well-being. Substantial progress has been made in recent years to bring inflation down. Consumer price inflation for 1996 was 7,4 per cent, the lowest since 1972. However, the depreciation of the rand has put some upward pressure on inflation. Rising prices need to be checked, partly because this is the best way of ensuring that wages hold their real value. Our international competitiveness also depends on maintaining an effective counter-inflationary stance.
The stability of the rand throughout 1995 created a false sense of comfort for both South Africans and foreign investors. High real exchange rates and a mildly appreciating currency attracted substantial capital flows during 1995. However, from mid-February 1996 the rand started to fall and volatility in the foreign exchange markets became the order of the day. The nominal effective exchange rate fell by 22 per cent between the end of 1995 and the end of 1996, whilst the real effective exchange rate fell approximately 16 per cent during the course of the year.
The volatility in the exchange rate throughout 1996 served to remind us that we are fast integrating into the global economy. Still, it was not easy to witness such a marked depreciation of the currency.
The GEAR strategy was nevertheless designed to take advantage of the depreciation to boost exports and simultaneously make progress with tariff liberalisation. Considerable progress has been made in this regard, and tariff reform will continue. Although the more competitive rand has helped put an increasing number of firms on an export-oriented footing, the depreciation last year went further than was necessary, and provided a cushion to exporters which could lead to a sense of complacency. In line with GEAR we are considering compensatory tariff reductions to neutralise these effects.
One of the positive outcomes of the depreciation of the rand is the improvement that has taken place in the current account of the balance of payments. The deficit on the current account fell from 2,1 per cent of GDP in 1995 to 1,6 per cent in 1996. This was due primarily to the strong performance of merchandise exports which grew by 12 per cent in volume and 21* per cent in value. The growth of imports slowed down considerably. For 1996 as a whole the current account deficit was about R8,5 billion.
However, the volatility in the foreign exchange market and the accompanying depreciation of the rand resulted in a slowdown in the inflow of capital. Net capital inflows for 1996 were R3,9 billion, compared to R19,2 billion in 1995.
Foreign reserves, which had fallen by R4,3 billion in the first three quarters of 1996, started showing some improvement in the fourth quarter. At the end of 1996, the country's gross reserves were R16,8 billion, sufficient to cover about five and a half weeks worth of imports.
The turbulence in the foreign exchange markets put pressure on the domestic financial markets. In response to tight money market conditions the South African Reserve Bank increased the bank rate twice during the course of 1996. In April the bank rate increased from 15 to 16 per cent and in November it increased to 17 per cent. The banks responded by increasing the prime overdraft rate to 19* per cent and 20* per cent respectively.
The changes in the exchange rate, fears of rising inflation and tight money market conditions had a marked impact on the trend and volatility of bond yields.
December. Bond prices for the first two months of this year improved significantly to around 15 per cent, reflecting the positive change in fundamentals and consequently sentiment.
A review of international economic trends indicates a positive overall outlook. Output growth in industrial countries is expected to accelerate marginally to about 2,5 per cent in 1997, with inflation rates remaining between 2 and 3 per cent. The growth in world trade is expected to expand quite considerably in 1997.
For emerging markets the story is very positive. Real growth in developing countries is expected to average about 6 per cent in 1997, with average inflation declining to around 10 per cent from over 13 per cent in 1996. Growth in several of our SADC neighbours has exceeded 5 per cent per year and is expected to remain at these levels for 1997, creating a brisk trading environment.
I expect the South African economy to grow at 2* per cent in 1997.
The manufacturing sector, which should benefit substantially from supply-side measures, should expand considerably faster than in 1996. The downswing in merchandise imports and the strong export growth are expected to lead to a lower current account deficit in 1997 than in 1996. A continuation of the recovery in capital inflows which has occurred since the beginning of this year should result in a considerable capital account surplus over the current balance, resulting in an improvement of our foreign reserve position.
Average consumer price inflation will be somewhat higher in 1997 than last year, but the trend is expected to slow down during the course of the year as a result of a decline in the public sector borrowing requirement and a contraction in credit growth and money supply.
This is a year of consolidation. We will steer the economy firmly along the growth path envisaged in our macroeconomic strategy. The medium-term prospects are positive: a sound macro and fiscal framework has been adopted and implementation has begun; investment in infrastructure financed through partnerships between the public and private sectors is set to take off; and there has been a substantial acceleration in exports across various sectors of the economy, indicating that our trade and industrial policies are taking hold.
We are on track for an acceleration in growth and job creation. Improved coordination of policies, cooperative government and responsible governance will ensure that attention will be squarely on delivery.
Our analysis shows that countries that have had most success with exchange control liberalisation are those that have done so as part of a comprehensive package of macroeconomic reforms. These reforms have often included a strengthening of the fiscal position, appropriate prudential regulations and requirements, internationally competitive interest rates and competitive exchange rates. In the case of industrial countries, capital account liberalisation has typically followed broad trade reforms. I believe that the conditions are now right for a significant instalment in the relaxation of exchange controls. After extensive consultation with the Governor of the South African Reserve Bank, we feel the time has come to make significant changes.
South African individuals and corporations will in future be allowed the freedom to transact internationally, as envisaged in the macroeconomic strategy. The package of exchange control reforms placed before this House today moves South Africa to a system with a positive rather than a negative bias and the Exchange Control Regulations will revised to accommodate this fundamental change in philosophy. The objective is to reach a point where there is equality of treatment between non-residents and residents in relation to inflows and outflows of capital.
The position of our balance of payments and the South African Reserve Bank's involvement in the forward market make it impractical to permit unlimited transfers of capital at this stage. To give the economy time to adjust and to avoid unnecessary volatility, certain limits will remain, but the emphasis will increasingly be on the positive aspects of prudential financial supervision. The full details of the changes are set out in a comprehensive press statement released by the Department of Finance and the South African Reserve Bank.
the non-resident ownership level at which foreign controlled resident entities become subject to limits on local borrowing will be raised from 25 per cent to 50 per cent; and the limits for the completion of forms A and E for the purchase and sale of foreign exchange will be increased from R2 000 to R40 000.
South African individuals and corporations will have to provide authorised foreign exchange dealers with a tax reference number and sign a declaration of good standing in respect of their South African tax obligations before being permitted to remit funds offshore.
The changes in the exchange control regime announced here are profound. We move now to an environment in which South Africans can make ordinary transactions abroad freely, while the constraints which remain on large movements of capital will increasingly give way to procedural and prudential supervision.
Although GDP growth has slowed somewhat in 1996 and 1997, the transformation which our economy requires to strengthen its underlying potential for growth and a more just distribution of incomes and opportunities is now well underway.
Gross domestic fixed investment remains robust and the planned infrastructure developments provide a strong basis for improvements in gross domestic fixed investment. The depreciation of the rand has begun to have the desired effect, increasing exports and enhancing competitiveness; capital inflows have started improving; and responsible macroeconomic policies have ensured that inflation has been kept in check. It is against this background that the further relaxation of exchange controls has taken place.
The Constitution of the Republic of South Africa was adopted in December 1996 and took effect on 3 February 1997. It provides the framework within which budgetary and fiscal policies are formulated and sets out the competences of national, provincial and local government. It also describes the framework for intergovernmental finances and requires that by January 1998 these be embodied in appropriate legislation.
Although the new Constitution has been adopted, the lengthy budget cycle means that the 1997/98 budget was prepared under the authority of the interim Constitution. The 1997/98 budget process nonetheless represents an important step in implementing the framework of intergovernmental finances envisaged by both the interim and the new Constitution.
At the heart of the new national-provincial budget process is the Budget Council. It is a cooperative decision-making body consisting of the nine MEC's of Finance, the Minister and Deputy Minister of Finance, and senior officials from the Departments of Finance and State Expenditure, and the provincial Treasuries. The Financial and Fiscal Commission (FFC) attends as an observer. The Budget Council recommends to Cabinet the shares that each province should receive after taking into account national priorities and the proposals of the FFC.
Based on a considered appraisal of the Constitution's precepts regarding the equitable sharing of revenue, the FFC recommended a formula for the allocation of revenue to provinces, to be phased in over a six-year period. In its recommendations, the FFC noted the difficulty of defining clearly the meaning of 'equitable share' as required by the Constitution, particularly when taking account of the developmental needs of the provinces and local authorities, their fiscal capacity and efficiency, past inequities and the affordability of service standards, while balancing these with the national interest. The whole area of revenue sharing requires more work and will receive priority attention this year.
The recommendations of the FFC were considered by the Budget Council in its deliberations, but they were not /98 budget, it all accepted in full. It relied on a different approach for the purposes of the 1997/98 Budget, particularly concerning the division of the revenues between the national government and the provinces. The Budget Council accepted that the first charge against revenue is government debt costs. For the 1997so agreed that improvements in the conditions of service, the carry-through costs of social pensions and RDP commitments and an allocation to the housing programme would be set aside, to be deducted from revenue before the division was made between the provinces and national government. The Budget Council recommended that the remaining 1997/98 revenues be divided between the national and provincial levels in the same ratio that applied in the 1996/97 budget. To allocate the basic amount available for provinces (excluding the amounts set aside), the Budget Council relied on a percentage distribution calculated by the FFC.
Based on these recommendations, the national budget allocates a global amount to each province which then has the responsibility of developing its own budget within the constraints of an agreed framework. Important planning and budgeting tasks are now devolved to the provinces, which are charged with providing many of the country's crucial public services either exclusively or concurrently with another sphere of government.
There are also significant changes in progress at the local government level. Municipal budgets for 1996/97 total over R45 billion, or approximately 7,5 per cent of GDP. Of this, R11,5 billion is on capital expenditure. Unlike provinces, however, local governments have a substantial tax base. Own revenues account for over 90 per cent of their income. Although the Constitution protects their equitable share of revenue and there are substantial flows of funds from the national and provincial levels to local government, the services which municipalities provide are mainly self-financing.
Some concern has been expressed over the state of local government finances. On balance, local government has run a consolidated deficit of about 0,2 per cent of GDP in recent years, consequently adding little to the gross public sector borrowing requirement. Municipalities are not allowed to run operational deficits.
However, there are problems which need to be dealt with. The first is the problem of nonpayment. The total amount of outstanding debts to local authorities at the end of October 1996 stood at 25 per cent of annual income from rates and service charges. This is clearly unsustainable and unacceptable. It is neither right nor fair that on average only 69 per cent of residents pay on a regular basis. A democratic South Africa cannot afford a culture of nonpayment. For their part, municipalities must also exercise better financial management through improved administration including the implementation of proper credit control systems.
The policy choices which government makes are reflected in its expenditures. For this reason the evaluation of expenditure proposals is at the heart of the budgetary process. The assessment of expenditures has to take place within the framework of social, developmental and economic priorities identified by government and has to take account of the macroeconomic environment.
This assessment depends on the quality and integrity of the information available. Several reform initiatives aimed at improving the effectiveness of fiscal planning as an instrument of governance have been initiated. These include the development of a medium term expenditure framework and a forward-looking approach to fiscal planning which will assist with the reprioritisation of expenditure and ensure a better fit between policy and rands spent; legislative reforms as set out in the Constitution; changes to accounting methods; improvements in the government's data base so as to improve expenditure planning; and improvements in budget documentation. To this end the Departments of Finance and State Expenditure will publish a White Paper on budget reform during the course of 1997.
As part of the constant drive to improve governance and ensure the efficiency and effectiveness of spending, government as the single largest purchaser in the country, has embarked on a thorough review of its procurement policies. I will shortly be releasing a Green Paper on Public Procurement Reform.
These institutional reforms are wide reaching and will entrench a culture of governance and delivery. It is against this backdrop that expenditure decisions were taken this year.
The estimated level of national government expenditure for 1997/98 is R186,747 billion. This includes the Printed Estimate of Expenditure, several supplementary amounts and standing appropriations. This represents an increase of 6,1 per cent on the revised expenditure level for 1996/97 and is equal to 30 per cent of expected GDP.
In line with the goals of the RDP and GEAR, the analysis of expenditure which follows shows a clear shift in priorities towards poverty relief, social development and crime prevention. Investing in poverty relief The legacy of apartheid is most stark when we consider the abject poverty which characterises the lives of a substantial portion of our population. It is well understood that growth and job creation are critical elements in redistributing income and reducing poverty. The quality and availability of educational opportunities are also key components in the battle against poverty.
We are setting aside R300 million for community based poverty relief programmes. In allocating these resources special attention will be given to programmes that target poverty relief in rural areas and that benefit women.
There will be an increase of R1 billion in provision for social security. This means that the grant for elderly persons without other means will increase from R430 to R470 per month, from 1 July 1997, which is a 9,3 per cent increase.
Cabinet has now approved the main recommendation of the Lund Committee Report on Child and Family Support for a flat-rate child support benefit, to replace the existing maintenance grant over a period of years. R75 million has been set aside for this.
The 1997/98 Printed Estimate provides for transfers to provinces totalling R80,4 billion. Together with supplementary amounts and improvements in conditions of service which will be distributed at a later stage, provinces will receive about R84 billion, or 57 per cent of the budget, excluding interest on government debt.
Provincial expenditure is strongly concentrated on education, health and welfare services. Calculated on a consolidated basis, these social functions will take up 55 per cent of non-interest spending by the national and provincial governments in 1997/98.
Expenditure on education will account for 21,3 per cent of total government expenditure and 6,5 per cent of GDP. These proportions are high by international comparison - 5,4 per cent of GDP in industrialised and 3,9 per cent in developing countries - signalling the high priority which the Government attaches to investing in our children's future.
In 1997/98 a total of R5,431 billion will be provided for universities and technikons, including an increase in general subsidy formula allocations of 12 per cent and R200 million for the National Student Financial Aid Scheme. An additional R100 million is to be made available from donor funding. The average funding level of higher education institutions will be 65,6 per cent. In addition, the Government will be increasing expenditure on adult education from R6,5 million in 1996/97 to R13,1 million in 1997/98.
Government as a whole will be spending 3,3 per cent of GDP on health (10,7 per cent of total budgeted expenditure). Although this is below the level of public expenditure on health in industrialised countries (5,6 per cent of GDP) it is well above the average for developing countries which is a mere 0,9 per cent.
Substantial positive changes have taken place in the health sector. Primary health services are now free of charge at the point of delivery. During 1996 a clinic building and upgrading programme was initiated and a total of 102 new clinics were built or are in the process of being built. Provincial health departments plan to build a further 272 new clinics and upgrade 326 in 1997. The majority of these are in under-privileged areas.
Focus areas for the national department in 1997 will include immunisation campaigns against polio and measles; and expanded programmes to combat the HIV epidemic and tuberculosis.
The White Paper for Social Welfare Services was tabled in Parliament on 19 February 1997. The document provides clear directives for a national developmental welfare strategy.
The fourteen different pension systems of the former welfare departments have now been amalgamated into a single integrated data system. Fraud in social pensions denies benefits to people whose survival depends on these payments. A comparison of records with the Population Register resulted in the suspension of 46 682 beneficiaries and a saving of R241 million per year. Further investigations are in progress and strong action will be taken against these criminals.
The housing allocation for 1997/98 is just over R4 billion. Last year the housing vote was less than half this amount, after substantial underspending in 1995/96. Housing delivery is now accelerating and it is expected that more than 190 000 houses will be built in the subsidy band during the new financial year.
The Commission on the Restitution of Land Rights is currently processing in excess of 11 000 claims. The Department's budget includes an amount of R418 million for land restitution, redistribution and tenure. Land reform remains an important part of our development strategy and the Department has done substantial work in putting in place the legislative framework required for land reform and development facilitation.
Under the auspices of the Ministry of Public Works, a fresh approach to the procurement of construction services has greatly improved opportunities for emerging contractors and there is progress in promoting job creation on infrastructure projects. At grass-roots level the Community Based Public Works Programme is active. Of the R250 million allocated to this project from the RDP fund in 1994/95, R150 million was transferred to the provinces, which implemented 391 projects creating a substantial number of jobs, particularly for women. The remainder of the funding was used to fund an array of projects which together employed some 97 000 people, 13 per cent of whom are in sustainable jobs.
The 1997/98 budget includes a total of R4,368 billion for the carry through costs of RDP projects. Since the reprioritisation of expenditure is well underway, RDP spending has been incorporated into the budgets of departments.
R100 million for peace initiatives in KwaZulu-Natal.
The objectives of job creation are also captured in other expenditures in this Budget. One of the most impressive developmental and job creation programmes is the Municipal Infrastructure Programme which provides R1,4 billion for local construction works and currently involves some 1 089 projects. It is estimated that by the end of this year some 242 000 people will have been employed through this programme. In addition, over 94 000 people will have received training.
Good progress continues to be made in the area of water provision to communities. The projects in place at the end of 1996 will deliver water to 6,4 million people, and 100 000 people will get adequate sanitation. The fourth RDP programme, which is expected to serve a further 2,1 million people at a cost of R650 million has recently been announced.
The National Water Conservation Campaign has continued to raise consciousness about the value of water resources. The "Working for Water Programme" is a successful public works programme, employing and training almost 7 000 previously unemployed women and men to eradicate invasive vegetation from water catchments and thereby generate water resources.
Expenditure on the promotion of industrial development and the stimulation of research and technology development in industry increases from R454 million in 1996/97 to R604,6 million in 1997/98. Two new supply-side measures are to be introduced in 1997 - the Competitiveness Fund and a Sectoral Partnership Facility - which will enable individual firms and organisations to draw on consultant advice in advancing competitiveness. A new Short Term Export Finance Guarantee Scheme for small and medium-sized firms has also been introduced.
A safe and peaceful society is essential for democracy and economic development. Significant steps to reduce crime have been taken with the implementation of the National Crime Prevention Strategy. A brief analysis of the expenditures on protection services which include defence, police, prisons and justice shows a substantial reprioritisation away from defence.
Spending on defence in 1997/98 will account for 1,6 per cent of GDP, compared to 4,5 per cent in 1989/90. The South African National Defence force needs to be commended for the substantial restructuring which it has undertaken and for the seriousness with which it has approached the Government's efforts to reprioritise spending in favour of social development. The major initiatives which have been undertaken by the SANDF include the White Paper on Defence which was approved by Parliament in May 1996 and the Defence Review process which is currently underway. The SANDF has also played an important role in the National Crime Prevention Strategy, deploying some 50 companies for border protection and the maintenance of law and order in cooperation with the South African Police Service.
The first set of projects aimed at making the criminal justice system work better have now begun. The National Crime Prevention Strategy will cost R902 million and will run for three years. An amount of R406 million has been made available in this year's budget for the programme.
Expenditure on Police, Justice and Correctional Services will increase by about 15 per cent once improvements in conditions of service are taken into account. This provides a clear indication of the seriousness with which Government is approaching the issue of crime. It is also important to note that in all these departments, and more particularly in the Police Service, a substantial programme aimed at improving the management of resources is underway, including extensive training initiatives. The work, assistance and support provided by the Business Against Crime Project has had a marked impact on the management of the Police Service and Government is in full support of this new partnership.
A comprehensive programme for right-sizing the civil service is currently being undertaken by the Department of Public Service and Administration. As part of this exercise a voluntary severance package was introduced on 1 May 1996 to facilitate departmental and provincial reorganisation. The right-sizing process and a three year conditions of service adjustments package were agreed to in the Public Service Bargaining Council. This agreement includes, amongst other measures, the adoption of a new grading system comprising a rationalised and simplified public service remuneration structure. The implementation of the second phase of the agreement entails a full year cost of promotions and improvements in the conditions of service of R6,5 billion. Since these increases only come into effect in July 1997, R4,875 billion is provided to cover nine months of this fiscal year.
The selected expenditure set out above highlights the significant reprioritisation which has taken place. After setting aside R39 billion for interest on government debt, nearly 60 per cent of national and provincial government spending goes to the social services.
R4 billion for housing.
A total of R30 billion is allocated to our protection agencies. R19 billion is spent on building the economy and supply side measures. This amount includes road construction, water projects, support for agriculture and the new supply side programmes for industrial promotion. In addition, departmental budgets contain several new initiatives which have exciting job creation possibilities, including the municipal infrastructure programme; the community water supply programme; and the land restitution and redistribution programme. RDP initiatives are now included in departmental votes, ensuring that resources allocated to the numerous activities initiated over the last three years are realistically programmed in relation to delivery capacity.
Government's vision encompasses the internationally accepted principles of taxation: tax neutrality, equity, certainty and simplicity. Our vision is informed by the fact that our tax regime must enhance our competitiveness internationally and that it must be structurally cohesive which means that, amongst other things, we have to broaden our tax base and eliminate damaging tax arbitrage opportunities. Key to our vision is our ability to have in place a tax administration which is efficient, effective and able to maximise the collection of revenues due to the State.
As part of the implementation of this vision and following from the recommendations of the Katz Commission, the Inland Revenue and Customs and Excise branches of the Finance Department were amalgamated into one revenue collection authority, the South African Revenue Service (SARS).
Cabinet has now approved the granting of administrative autonomy to SARS. Legislation giving effect to this will be tabled during the second quarter of this year. Building on the progress made this past year, I am able to include an amount of R2,5 billion in the revenue proposals presented today which will arise from improved collections and receipt of arrear taxes.
The simplification of the Income Tax Act is an important part of our vision. This year the Ministry of Finance will embark on a project to consolidate and simplify the Income Tax Act in a manner that ensures that the contents are easily understandable by all South Africans.
The scope of the project is far-reaching and it is envisaged that it will take several years to complete. The project will serve as a training ground for young tax lawyers and accountants who will be appointed to help with the task of rewriting the Act.
I highlighted earlier that democracy brings with it rights, obligations, and responsibilities. As a Government one of our obligations to the people of this country is to ensure equity and fairness in the tax system.
However, our ability to do this is severely hampered by the culture of non-payment and evasion that has come to characterise our tax system. Non-payers and tax-evaders are punishing those with honesty and integrity. Moreover, they stand in the way of significant tax reform and relief. The Government will more vigorously enforce the tax legislation. We shall actively pursue anyone who breaks the law.
It is fair that only those South Africans whose tax affairs are in order should be allowed to participate and benefit from the economic policies we are introducing. To this end we have decided that any South African be they a natural person or a corporate who wants to tender and participate in any form of contract to provide goods and services to government, or who wishes to access any of the supply-side financial assistance opportunities, or other Government initiatives must be a registered taxpayer and must sign a declaration that their tax affairs are in order.
The provision of tax numbers and a declaration of good standing will also be required from individuals or corporates wanting to avail themselves of foreign currency.
As a Government we believe that the time has come to stop the rot, to ensure that those who pay their taxes are not unfairly prejudiced and do not have to carry the burden for those who do not pay. Part of governance is to ensure that government does not contract with anyone who is abusing the system through non-payment or evasion.
With a view to broadening the tax base and addressing the problem of non-payment of tax, the Government offered a final tax, interest, penalty and additional tax relief programme to certain categories of persons in 1996/97. Following the approval of the legislation by Parliament, the period to apply for relief started on 1 November 1996 and ended on 28 February 1997.
The programme was extensive, covering both registered and unregistered persons. In the case of unregistered persons, no taxes were levied for the tax years before 1 March 1994. For registered tax payers, interest and penalties owing for the periods before 1 March 1994 were written off if certain conditions were met.
I come now to this year's revenue proposals.
Total revenue from ordinary taxes is estimated at R161,976 billion which equals 26 per cent of GDP.
One of the commitments that the Government has made to the people of this country is to ensure that the tax system is fair and equitable. As it is currently structured the burden of taxation falls disproportionately on individuals. Of great concern to us is the fact that those most seriously affected are people on low to middle incomes.
to raise the tax threshold; and to adjust for inflation.
In this Budget we take some steps in meeting these objectives.
the number of income brackets is reduced from 8 to 7.
By way of example a person under the age of 65 earning R20 000 will now pay R255 less tax per year. Similarly a person earning R60 000 will pay R805 less tax per year.
This package will cost the Government R2,8 billion in lost taxes, with 60 per cent of this relief going to low and lower middle income earners. Another way of looking at it is to say that these measures put R2,8 billion into the pockets of families who need it.
Currently a person whose income does not exceed R50 000 per year does not have to submit a tax return. This reduces the administrative burden for both the employee and the South African Revenue Service. The limit will be increased from R50 000 to R60 000 as from 1 March 1997, relieving many thousands of taxpayers of the burden of submitting tax returns.
It was never the intention that fringe benefits should be used to structure salary packages in such a way that they create a bias against cash remuneration. The widespread abuse of fringe benefits also results in a substantial loss of revenue to the government and creates inefficiencies in remuneration. The following measures will be introduced to deal with this problem.
The fringe benefit arising from the private use of a company car is taxed at a value equal to 1,2 per cent per month of the cost of the car. For example the private use of a company car costing R100 000 has a monthly taxable value of R1 200. This value is considerably less than the value of the benefit based on the actual cost of purchasing and running such a car. With effect from 1 July 1997 this percentage will be increased to 1,8 per cent.
In addition, with effect from 1 July 1997 the value to be placed on any second or subsequent vehicle is to be increased from the current level of 2 per cent to 4 per cent.
It is estimated that this measure will yield an increase in tax revenue of R150 million.
Travelling allowances are also widely used in the structuring of salary packages. At present where a taxpayer does not keep accurate records of distances traveled and the total kilometres traveled for business and private purposes do not exceed 32 000 kms, a distance of 12 000 kms is deemed to be traveled for private purposes. To bring the tax treatment of this benefit in line with that of company cars, the deemed private kilometres will be increased to 14 000 as from 1 March 1997. The taxable portion for PAYE purposes will be increased from 35 per cent to 40 per cent with effect from 1 July 1997.
This measure will yield a cash flow advantage of R170 million for 1997/98.
Another area where there has been widespread abuse is in the provisions relating to the determination of the taxable value of residential accommodation provided to employees by an employer or by a connected person in relation to the employer. As from 1 March 1997 where residential accommodation provided as a benefit to the employee is not owned by the employer, or where the employee has an interest in the accommodation in question, such an employee will be taxed on an amount equivalent to the rentals paid and other expenditures incurred by the employer in order to provide such accommodation. The definition of the employee's interest in the accommodation will also be extended to include any connected person in relation to such employees. The percentages which are applied to the formula for determining the taxable value of the housing benefit will be increased by one percentage point as from 1 March 1997.
This measure will yield an additional R50 million.
The value for fringe benefit tax purposes to be placed on holiday accommodation provided by an employer to an employee, is the cost incurred by the employer for the hiring of the accommodation. In any other case the employee is currently taxed at the value of R35 per person per day. As from 1 March 1997 this value is to be increased to R100 per person per day.
Following the recommendations of the Katz Commission in its Third Interim Report, a tax at the rate of 17 per cent was imposed on the gross interest and rental income of retirement funds with effect from the 1996/97 fiscal year. This tax is expected to yield R2,4 billion in 1996/97.
Government does not intend to introduce any major changes to the present structure or rate. We will wait for the proposals emanating from the National Retirement Consultative Forum. There are, however, some aspects that require further attention.
In the case of investments made by funds in unit trust schemes with property shares, such funds receive dividends which are derived from property companies. Since these dividends are effectively a distribution of rental income received by the property companies and having regard for the fact that such dividends are distributed before taxation, the taxation of rental income is effectively being shifted to the unit holders.
At present such dividends received by funds are neither subject to normal tax nor tax on retirement funds in the hands of the fund. Given that such dividends effectively represent rental income, they will be subject to the tax on retirement funds with effect from 1 March 1997.
In addition, where a fund lends interest-bearing instruments to a borrower payments by the borrower to the lender for compensation for the loss of interest and use of the instruments will be deemed to be interest and will be subject to the tax on retirement funds as from 1 March 1997.
These two measures are expected to yield an additional R200 million.
In terms of present tax rules lump sum benefits payable to members of retirement schemes established by law or for the benefit of local authorities (public sector funds) are not taxable. However, members of private sector funds are liable for tax on lump sum benefits.
Both the Katz Commission and the National Retirement Consultative Forum have recommended that there should be equal treatment of lump sum benefits received by members of public and private sector funds.
Equality between public and private sector funds of the tax treatment of lump sum payments is to be introduced from 1 March 1998 subject to the protection of vested rights.
We are extremely concerned about the practice of using some medical savings schemes and other types of salary sacrifice schemes to reduce the taxable income of a person.
The South African Revenue Service is aware of a number of schemes of this nature and holds the view that interest credited to a savings scheme of this nature is taxable in the hands of the member. We are also investigating these schemes to determine the tax treatment of contributions to such funds as well as the repayment and withdrawal from such schemes.
As part of our commitment to improving the competitiveness of the investment environment the Government has decided to reduce further the rate of marketable securities tax and stamp duty on share transactions. The rate will be reduced from 0,5 per cent to 0,25 per cent as from 1 April 1997.
We are also concerned with the extent to which the exemption from stamp duty in terms of Item 15(3)(nA) of schedule 1 of the Stamp Duties Act, 1968, in respect of arbitrage transactions is being abused. With effect from 1 July 1997, the relevant exemption from the Stamp Duties Act will be deleted with the consequence that the exemption contained in the Marketable Securities Tax Act in relation to the purchase of shares by persons who are not ordinary residents in the Republic, will also be deleted.
We are making provision for a loss of revenue amounting to R125 million. However, it is interesting to note that in 1996/97, these levies were reduced from 1 per cent to 0,5 per cent and although we budgeted to collect R200 million, our revised estimate is R390 million.
As we all know, excise duties are in the main specific levies per unit of volume, rather than ad valorem taxes on value and it is therefore appropriate that we consider these duties annually. The adjustments made reflect trends in prices and incomes and Government's broader policy objectives.
Substantial increases in the excise duties on tobacco products are again proposed. The rate of duty on tobacco will increase by 52 per cent, bringing the tax, including VAT, to 50 per cent of the average retail price. Smokers will have to pay an extra 27 cents per 10 cigarettes. Pipe tobacco will cost an extra R2,49 per kilogram.
The news for drinkers is equally sobering. Some of the highlights are: beer goes up by 8,15 cents per litre or about 3 cents per 340ml can; sorghum beer increases by 2 cents per litre and sorghum flour by 5,5 cents per kilogram; unfortified wine increases by about 8 cents per 750 ml bottle; mineral water and soft drinks go up by 1,2 cents per litre; cane spirits will increase by about 66 cents per 750ml bottle, and similar increases apply to whisky, brandy and gin.
The current ad valorem duties range between 6 and 37,5 per cent before VAT. The abolition of these duties was recommended by the Margo Commission and the Katz Commission has also indicated its unease. However, for revenue reasons we are at present unable to justify the abolition of these duties. But we are also aware of the perverse effects that exceedingly high rates of duty have on behaviour. In many cases, the high rates of duty have provided an incentive for tax evasion, often through illicit trade or smuggling and consequently losses of tax revenues. More damaging for the overall economy is the fact that firms operating within the law and in good faith find it impossible to operate in an environment where they are constantly undercut by those operating outside the law. This inevitably leads to job losses.
It is against this background that we have decided to lower the existing rates of 37,5 per cent and 32,5 per cent to 15 per cent. As far as motor cycles are concerned, the rates will be lowered from 32,5 per cent and 17,5 per cent (which applies to cycles with a cylinder capacity of less than 800cm3) to 15 per cent and 7,5 per cent respectively.
We have budgeted for a loss of revenue of R150 million. However, we believe that these measures significantly reduce the incentive for smuggling, which would mean that losses would be partially offset by improved collections.
The relaxation of exchange controls announced in this Budget has tax implications. Although the Katz Commission has addressed this matter in the course of its investigations, we will be introducing the following interim measures to protect our tax base in the short term.
The existing provisions of the Income Tax Act which deal with the deeming of the source of income, will be extended to include passive income, namely interest, royalties, annuities and rentals not presently deemed to be from a South African source. The effect of this is that South African residents be they corporate or individual will become subject to tax in South Africa on passive income, regardless of the source, from the date that the exchange controls are relaxed.
The deeming provisions would, however, exclude passive income which is effectively connected with an active business operation (permanent establishment) conducted by a South African resident through a fixed facility outside South Africa.
In line with our approach to govern better, we have embarked on a major project to improve the management of government's assets and liabilities. As part of this project a framework for risk management has been developed and adopted and a two-phased implementation strategy is underway. The strategy has two key objectives: to improve debt and cash management so as to reduce debt service costs; and to improve the structure and liquidity of the domestic financial markets through a series of market reforms.
Phase one of the project which entails the ring-fencing of the funding operations that the Reserve Bank performs on behalf of the Department of Finance is currently being implemented.
Phase two entails the appointment of a number of primary dealers in government stock. This requires a close working relationship with market participants and its success depends on our ability to address some of the structural and liquidity issues which characterise our financial markets. To this end a workshop was held on 7 February 1997 between the Department of Finance and a wide range of market participants.
A number of issues were identified and several working groups were tasked with doing further work on a number of these issues and report back by the end of March 1997.
On the asset side the focus has been primarily on cash management. Cabinet has now granted approval for the formal establishment of a cash management function within the Department of Finance.
Despite higher than foreseen nominal capital and money market interest rates and the depreciation of the rand, the cost of servicing government debt for 1996/97 is estimated to remain within the budgeted R34,4 billion. The projected budget deficit for 1996/97 remains at 5,1 per cent.
The projected budget deficit for 1997/98 is R24,771 billion, or 4 per cent of GDP. This deficit is in line with the commitments we made in the GEAR. Unlike previous years when extra-ordinary revenues were included in the calculation of the deficit, for 1997/98 we have only considered ordinary revenue in the calculation.
After taking into account scheduled loan redemptions of R12,278 billion and other items, the gross loan financing requirement for 1997/98 amounts to R36,849 billion.
For the 1997/98 financial year we estimate that the cost of servicing government debt will be R39,6 billion. This includes debt service costs in respect of the former TBVC states and selfgoverning territories, which have been taken over from provincial governments. Debt service costs are 21 per cent of the total estimated expenditure for 1997/98, and 6,4 per cent of GDP compared with the revised estimate for 1996/97 of 6,5 per cent of GDP.
What this means in very simple terms is that for every rand of tax we collect, about 24 cents is spent on interest on government debt. This leaves 76 cents to be divided up between all other government programmes. Clearly this situation is both untenable and unsustainable.
The first charge against government revenue is interest on government debt. The bigger our deficit, the more we have to borrow, the higher the interest bill and the less money there is available to invest in social development, in poverty relief and in the development of our human resources. It is for this reason that reducing our debt burden is important. It is important because it will free up the resources we need to create a better life for all.
The commitment to better government is captured in our approach to government finances. In relation to state debt we have committed ourselves to reducing the overall level of government borrowing and thereby reducing over time the burden of debt service costs which constrain our ability to increase expenditures on social development. We also deliver on our commitment to improving the lives of ordinary South Africans by reducing the tax burden for low and middle income earners.
In addition we deliver on our commitment to improve the competitiveness of the South African economy by halving the rate of marketable securities tax, thereby bringing it line with some of our major trading partners.
This Government has set itself the task of transforming our country from its unequal past to one which provides for the needs of all its people. In the parlance of this House, " a better life for all". The budget which we table here, makes huge strides towards this objective. This Budget is a tough budget - it demands substantially more austerity from government than many of its forerunners have - yet it does not sacrifice the fundamental objective of transformation. This year, as we have said repeatedly, is a year of consolidation. Our budget deficit, at 4 per cent of GDP, reflects this, as per our commitments made in this House in June last year.
Firstly, the deficit target has been achieved in an environment of no new taxes, and no net tax increases. In fact, for the first year in many, we have been able to provide tax relief to working people. In respect of taxes, our endeavour is to turn our commitment to tax equity into reality by improving on the efficiency of our tax collection and administration, and by the improved policing of our tax laws. Tax dodgers and customs fraudsters are guaranteed more attention.
Secondly, there is significantly better targeting of expenditure programmes on poverty relief, infrastructure development, human resource development and crime prevention each adds to the picture of a government which has exercised choices in policy priorities. Similarly, the budget lines which have been cut add to the total picture.
Thirdly, there have been substantial improvements in the overall management in government - the management of cash, of assets, of procurement and of logistics, have all been enhanced to ensure that South Africa's taxpayers receive better value for money.
Fourthly, we now have cooperative governance. The operations of "Team Finance" in the Budget Council and in the general interactions between ourselves, despite the fact that three different political parties are represented and each MEC fights tirelessly for the interests of his Province, bodes well for the future of cooperation. We should not lose sight of the importance of this cooperation especially in this year of consolidation when, in both real and nominal terms, some provinces and national departments are faced with major cuts in available expenditure.
Fourthly, I want to thank Mr. Chris Liebenberg my immediate predecessor for his guidance and support.
Sixthly, each one of you for your patience in listening to us this afternoon.
Lastly, I need to thank you, Comrade President, Comrade Deputy President, and all of my Cabinet colleagues, for your support and understanding in the formulation of this Budget, and for your encouragement during the difficult period through which we have passed.
In fact, I place before you far more than a statement of revenue and expenditure priorities for debate. What we have here is an instrument by which the commitment and performance of Government can be measured. It is simultaneously an instrument for the transformation of our country from its past to the place where every one of us and millions of other good men and women will want to live and flourish. I have no doubt that the tighter fiscal environment has challenged us to respond to the wider social needs differently, compelling us to prioritise our policies and reprioritise our expenditures, within and between our budget lines. This is what transformation is about.
<fn>GOV-ZA.1997033En.2012-02-10.en.txt</fn>
To provide for the abolishment of corporal punishment authorised in legislation; and to provide for matters connected therewith.
Any law which authorises corporal punishment by a court of law, including a court of traditional leaders, is hereby repealed to the extent that it authorises such punishment.
The laws mentioned in the Schedule are hereby amended or repealed to the extent indicated in the third column thereof.
This Act shall be called the Abolition of Corporal Punishment Act, 1997.
'Provided that in the exercise of the jurisdiction conferred upon him or her under subsection (1) a chief, headman or chief's deputy may not inflict any punishment involving death, mutilation, grievous bodily harm or imprisonment or impose a fine in excess of R100 or two head of large stock or ten head of small stock or impose corporal punishment.'.
Amendment of section 92 by the deletion of paragraph (c) of subsection (1).
in the case of any other offence referred to in the said paragraphs, to a fine or imprisonment for a period not exceeding ten years;'.
and (iii) of paragraph (b).
'shall, subject to the provisions of this Act and any other law, be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months or to such imprisonment without the option of a fine.'.
ABOLITION OF CORPORAL PUNISHMENT ACT 33 OF 1997 Page 3 of 6 proceedings and may thereupon impose such lighter sentence on the person so convicted: Provided further that in the case of a magistrate's court, such lighter sentence shall not exceed a fine of R40 000 or imprisonment for a period of two years.
Notwithstanding anything to the contrary in any law contained, no person in respect of whom the imposition of a sentence of imprisonment is compulsory in terms of subsection (1), shall be dealt with under section 290 or 297 of the Criminal Procedure Act, 1977.'.
ABOLITION OF CORPORAL PUNISHMENT ACT 33 OF 1997 Page 4 of 6 of not less than three months and not more than 18 months or, if such person has been previously convicted under this subsection or under subsection (1), to such imprisonment without the option of a fine.'
(5) Any person who contravenes the provisions of section 21 (1) (i) with reference to a tree or other plant specified in Schedule 3, shall be guilty of an offence and liable on conviction to a fine of not less than R1 000 and not more than R6 000 or, in default of payment of such fine, to imprisonment for a period of not less than three months and not more than 18 months or, if such person has been previously convicted under this subsection or subsection (6), he or she may be sentenced to such imprisonment without the option of a fine.
Any person who contravenes the provisions of section 21 (1) (i) with reference to a tree or other plant not specified in Schedule 3, shall be guilty of an offence and liable on conviction to a fine of not less than R300 and not more than R1 500 or, in default of payment of such fine, to imprisonment for a period of not less than one month and not more than four months or, if such person has been previously convicted under this subsection or subsection (5), to such imprisonment without the option of a fine.'.
Amendment of section 276 by the deletion of paragraph (g) of subsection (1).
or (d) of subsection (1).'.
the presiding judge, regional magistrate or magistrate shall, if he or she is of the opinion that the offence merits punishment of imprisonment or any other form of detention without the option of a fine or of a fine exceeding the amount determined by the Minister from time to time by notice in the Gazette , or if requested thereto by the prosecutor, question the accused with reference to the alleged facts of the case in order to ascertain whether he or she admits the allegations in the charge to which he or she has pleaded guilty, and may, if satisfied that the accused is guilty of the offence to which he or she has pleaded guilty, convict the accused on his or her plea of guilty of that offence and impose any competent sentence.'.
Repeal of sections 292, 293, 294 and 295.
Repeal of section 308.
' (b) sections 307 and 308A shall mutatis mutandis apply with reference to the sentence appealed against.'.
Amendment of section 321 by the deletion of paragraph (a) of subsection (1).
<fn>GOV-ZA.1997064En.2012-02-10.en.txt</fn>
To provide for the declaration of a state of emergency; to empower the President to make regulations in pursuance of any such declaration; and to provide for matters connected therewith.
Subject to the provisions of section 37 of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), the President may by proclamation in the Gazette declare a state of emergency in the Republic or in any area within the Republic.
The reasons for the declaration of the state of emergency shall be stated briefly in the proclamation.
The President may at any time withdraw the proclamation by like proclamation in the Gazette.
The President may, in respect of the Republic or of any area in which the state of emergency has been declared and for as long as the proclamation declaring the state of emergency remains of force, by proclamation in the Gazette make such regulations as are necessary or expedient to restore peace and order and to make adequate provision for terminating the state of emergency, or to deal with any circumstances which have arisen or are likely to arise as a result of the state of emergency.
In addition to the publication of the regulations in the Gazette , the President shall cause the contents of the regulations to be made known to the public by appropriate means.
STATE OF EMERGENCY ACT 64 OF 1997 Page 2 of 3 under the regulations, which penalties may include the confiscation of any goods, property or instruments by means of which or in connection with which the offence has been committed.
any law relating to the qualifications, nomination, election or tenure of office of members of Parliament or a provincial legislature, the sittings of Parliament or a provincial legislature or the powers, privileges or immunities of Parliament or a provincial legislature or of the members or committees thereof, is amended or suspended.
Regulations governing the detention of persons shall provide for such international humanitarian organisations as may be recognised by the Republic to have access to persons detained under such regulations in order to monitor the circumstances under which such persons are detained.
the detention of such person at a place outside that area is reasonably necessary to restore peace and order.
A copy of any proclamation declaring a state of emergency and of any regulation, order, rule or bylaw made in pursuance of any such declaration shall be laid upon the Table in Parliament by the President as soon as possible after the publication thereof.
make any recommendation to the President in connection with any such proclamation, regulation, order, rule, bylaw or provision.
as from the date on which the declaration of that state of emergency lapses as contemplated in the said section 37 (2) (b) , whichever is the earlier date.
The provisions of subsection (1) shall not derogate from the validity of anything done in terms of any such regulation, order, rule, bylaw or provision up to the date upon which it so ceased to be of force and effect, or from any right, privilege, obligation or liability acquired, accrued or incurred, as at the said date, under and by virtue of any such regulation, order, rule, bylaw or provision.
The State of Emergency Act, 1995, is hereby repealed.
This Act shall be called the State of Emergency Act, 1997.
<fn>GOV-ZA.1997065En.2012-02-10.en.txt</fn>
To amend the Black Administration Act, 1927, Amendment Act, 1929, so as to make courts established in terms of section 10 of that Act accessible to all; to extend the operation of that Act to the entire national territory of the Republic; and to substitute the short title of that Act; and to provide for matters connected therewith.
The divorce courts established in terms of section 10 of the Black Administration Act, 1927, Amendment Act, 1929, are competent to hear and adjudicate upon lawsuits relating to divorce and the nullity of marriages which involve persons belonging to one particular population group.
The Bill of Rights contained in Chapter 2 of the Constitution of the Republic of South Africa, 1996, enshrines the rights of all persons in the country, and confirms the democratic values of human dignity, equality and freedom. The law as so enshrined binds the legislature, the executive authority, the judiciary and all organs of State.
The recognition of the said rights and the application of the said democratic values require that all people in the country should be dealt with on an equal basis in relation to the status, standard and accessibility of judicial institutions which have been established in the country.
(b) and (c) ; paragraph (c) substitutes in subsection (4) (a) the expression 'President' for the expression 'State President'; paragraph (d) substitutes subsection (4) (b) ; paragraph (e) substitutes subsection (5); paragraph (f) substitutes subsection (6); and paragraph (g) substitutes subsection (7).
2 Substitutes section 11 of the Black Administration Act, 1927, Amendment Act 9 of 1929.
4 Amends section 1 of the Divorce Act 70 of 1979 by substituting the definition of 'court'.
This Act shall be called the Divorce Courts Amendment Act, 1997, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.1997066En.2012-02-10.en.txt</fn>
To provide for contingency fees agreements between legal practitioners and their clients; and to provide for matters connected therewith.
in respect of an advocate, means any body which is determined by the Minister of Justice by notice in the Gazette for the purposes of this Act, and of which such an advocate is a member.
that the legal practitioner shall be entitled to fees equal to or, subject to subsection (2), higher than his or her normal fees, set out in such agreement, for any such services rendered, if such client is successful in such proceedings to the extent set out in such agreement.
Any fees referred to in subsection (1) (b) which are higher than the normal fees of the legal practitioner concerned (hereinafter referred to as the 'success fee'), shall not exceed such normal fees by more than 100 per cent: Provided that, in the case of claims sounding in money, the total of any such success fee payable by the client to the legal practitioner, shall not exceed 25 per cent of the total amount awarded or any amount obtained by the client in consequence of the proceedings concerned, which amount shall not, for purposes of calculating such excess, include any costs.
A contingency fees agreement shall be in writing and in the form prescribed by the Minister of Justice, which shall be published in the Gazette , after consultation with the advocates' and attorneys' professions.
The Minister of Justice shall cause a copy of the form referred to in paragraph (a) to be tabled in Parliament, before such form is put into operation.
A contingency fees agreement shall be signed by the client concerned or, if the client is a juristic person, by its duly authorised representative, and the attorney representing such client and, where applicable, shall be countersigned by the advocate concerned, who shall thereby become a party to the agreement.
the manner in which any amendment or other agreements ancillary to that contingency fees agreement will be dealt with.
A copy of any contingency fees agreement shall be delivered to the client concerned upon the date on which such agreement is signed.
that the terms of the settlement were explained to him or her, and that he or she understands and agrees to them; and his or her attitude to the settlement.
Any settlement made where a contingency fees agreement has been entered into, shall be made an order of court, if the matter was before court.
that the legal practitioner was informed by the client that he or she understands and accepts the terms of the settlement.
A client of a legal practitioner who has entered into a contingency fees agreement and who feels aggrieved by any provision thereof or any fees chargeable in terms thereof may refer such agreement or fees to the professional controlling body or, in the case of a legal practitioner who is not a member of a professional controlling body, to such body or person as the Minister of Justice may designate by notice in the Gazette for the purposes of this section.
Such professional controlling body or designated body or person may review any such agreement and set aside any provision thereof or any fees claimable in terms thereof if in his, her or its opinion the provision or fees are unreasonable or unjust.
Any professional controlling body or, in the absence of such body, the Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), may make such rules as such professional controlling body or the Rules Board may deem necessary in order to give effect to this Act.
The Minister of Justice may make regulations prescribing further steps to be taken for the purposes of implementing and monitoring the provisions of this Act.
This Act shall be called the Contingency Fees Act, 1997, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.1997076En.2012-02-10.en.txt</fn>
To amend the Criminal Procedure Act, 1977, so as to further regulate appeals against decisions of lower courts; to regulate legal representation in respect of appeals; to repeal certain provisions; and to provide for matters connected therewith.
1 Repeals section 305 of the Criminal Procedure Act 51 of 1977.
2 Amends section 309 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes subsection 1 (a) ; paragraph (b) substitutes subsection (2); paragraph (c) inserts subsection (3A); and paragraph (d) deletes subsection 4 (a).
3 Inserts sections 309B, 309C and 309D in the Criminal Procedure Act 51 of 1977.
Pending the commencement of the Legal Aid Guide as contemplated in section 3A of the Legal Aid Act, 1969, and to the extent that the Legal Aid Guide, existing at the commencement of this Act, does not regulate the position of the granting of legal aid or legal representation in respect of the proceedings referred to in section 3 of this Act, the Legal Aid Board shall be competent to draft directives, in consultation with the Minister, in terms of which legal aid or legal representation is rendered or made available for purposes of section 3 of this Act.
The directives referred to in subsection (1) must be published in the Gazette.
Parliament and tabled as soon as possible. [Date of commencement of s. 4: 20 April 2001.
This Act shall be called the Criminal Procedure Amendment Act, 1997, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.1997078En.2012-02-10.en.txt</fn>
To amend the Admission of Advocates Act, 1964, the Attorneys Act, 1979, and the Recognition of Foreign Legal Qualifications and Practice Act, 1993, so as to provide for the requirement of a universal legal qualification in order to be admitted and enrolled to practise as an advocate or an attorney; and to provide for matters connected therewith.
renumbers the existing subsection (1) (a A) to subsection (1) (a B) ; paragraph (d) deletes subsection (1) (b) ; paragraph (e) substitutes subsection (1) (c) ; paragraph (f) substitutes subsection (1) (c A) ; and paragraph (g) substitutes in subsection (1A) the words preceding paragraph (a).
3 Amends section 2 of the Attorneys Act 53 of 1979 by substituting the words preceding paragraph (a).
4 Amends section 4 (b) of the Attorneys Act 53 of 1979 by substituting subparagraph (ii).
5 Amends section 4A (b) of the Attorneys Act 53 of 1979 by substituting subparagraph (ii).
6 Amends section 8 of the Attorneys Act 53 of 1979 by substituting subsection (1).
7 Amends section 11 (3) of the Attorneys Act 53 of 1979 , as follows: paragraph (a) substitutes the words preceding paragraph (a) ; paragraph (b) substitutes paragraph (a) (i); and paragraph (c) substitutes paragraph (b).
substitutes subsection (1) (b) ; and paragraph (b) substitutes subsection (3).
9 Amends section 15 (1) (b) (iii) of the Attorneys Act 53 of 1979 by substituting items (aa) , (bb) and (cc).
10 Amends section 6 (2) (a) (i) of the Recognition of Foreign Legal Qualifications and Practice Act 114 of 1993 by substituting the words following upon item (bb).
(aa) of the Attorneys Act, 1979 (Act 53 of 1979), as amended by this Act, be deemed to have satisfied the requirements of the degree referred to in paragraph (a) of section 2 (1) of that Act.
Any candidate attorney who at the commencement of this Act has satisfied the requirements for the degree of baccalaureus procurationis ; or was registered as a student at any university in the Republic with a view to obtaining the degree of baccalaureus procurationis and provided that he or she has satisfied the requirements for the said degree on or before 31 December 2004, shall be entitled to appear in any court, other than any division of the High Court, a court of the regional division established under section 2 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), or a Divorce Court established under section 10 of the Administration Amendment Act, 1929 (Act 9 of 1929), and before any board, tribunal or similar institution in which his or her principal is entitled to appear, instead of or on behalf of such principal, who shall be entitled to charge the fees for such appearances as if he or she himself or herself had appeared.
[NB: Sub-s. (2) has been substituted by s. 10 (2) of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
as an attorney in terms of the Attorneys Act, 1979 (Act 53 of 1979); or as an advocate in terms of the Admission of Advocates Act, 1964 (Act 74 of 1964); or enjoyed such right or privilege on account of being in possession of any qualification in law, whether prescribed by law or not.
Every university in the Republic with a faculty of law, shall take all reasonable steps so as to ensure that students are able to register for the degree referred to in section 3 (2) (a) (i) of the Admission of Advocates Act, 1964, and section 2 (1) (a) of the Attorneys Act, 1979, at that university on or before 31 December 1998.
has satisfied the requirement for the degree of baccalaureus procurationis ; or was registered as a student at any university in the Republic with a view to obtaining the degree of baccalaureus procurationis and provided that he or she has satisfied the requirements for the said degree on or before 31 December 2004, shall be entitled to appear in any court, other than any High Court, or a court of a regional division established under section 2 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), and before any board, tribunal or similar institution in which his or her principal is entitled to appear, instead of or on behalf of such principal, who shall be entitled to charge the fees for such appearance as if he or she himself or herself had appeared.
<fn>GOV-ZA.1997080201En.2012-02-10.en.txt</fn>
The challenge before us is to transform this economy into one that meets the needs of all the people of the province and improves the quality of their lives. The only way to achieve this is through appropriate allocation of resources - both for ongoing needs, and to provide the appropriate stimulation to the relevant economic actors. The context for this monumental task is provided by a world that is rapidly changing, and increasingly interdependent. This means that no one region, not even any one country, less so any one province, can afford to plan its economic future without taking very seriously the prevailing international context. There have been huge shifts in what is produced and how goods are traded; technology has replaced minerals as the largest source of wealth.
Within this complex world, we are part of a greater dynamic, known and gaining in credence, as the African Renaissance. The motorforce of the Renaissance has to be economic, and our role within Southern Africa is to ensure that the peace secured politically is speedily translated into progress. South Africa is a wheel within the Southern African wheel, and at the hub of that national wheel, we find the Free State. In order to be able to implement the Reconstruction and Development Programme, we agreed to initiate a macro-economic strategy to increase the rate of growth in the economy. The Growth, Employment and Redistribution Strategy underpins the RDP, it cannot replace it. It creates a sound platform for the detailing of a range of microeconomic policies in areas such as industrial development.
Macro-economic policy cannot, on its own, deliver socio-economic development - for that, we need detailed policies in areas such as health, housing, education, welfare and land reform. What macro-economic policy does provide is the anchor that will render all of the other policies credible and workable. This will be important to bear in mind in the department of a strategic plan for the Free State. GEAR was never meant to be a one-year project. It will take time to achieve the results we are looking for. But recent figures - such as the 8,8% inflation, second quarter export performance up 34% year-on-year, June trade figures showing particularly strong exports of manufactured goods and an overall solid growth performance - show we are on track.
In terms of its own growth and development strategy, the Free State Province has identified three priority areas: Job Creation and Economic Development; Housing and Infrastructure and Human Resource Development. To design an appropriate strategy, we must be aware of the peculiarities of the Province that make the task so much harder. The Province has as its major employers the sectors of mining and agriculture. However, the performance of both is dependent on external factors such as the gold price and drought. The Goldfieds are currently facing difficult times as a result of the recent fall in the gold price, and analysts are warning that El Nino presents itself as a major future threat to the agricultural sector.
But the difficulties that these present are no cause for despair - these are merely challenges that will make the fruits sweeter. In terms of job creation we need to explore both the short and medium-term opportunities in the delivery of infrastructure, and we must target a range of appropriate industries in agro-processing and in mineral benificiation. We should also focus attention on SMME development, whilst not neglecting the industrial areas created under the old order. Tax incentive packages created under the GEAR should be investigated. We must look at what makes the Free State unique - and in terms of space and altitude, it must offer enormous opportunities to the information super-highway.
The opportunities in the provision of physical infrastructure are self-evident. In respect of housing delivery, this province has performed well and no doubt could accelerate this programme even further. In the area of human resource development, the challenge is to design a strategy appropriate to the needs of this Province, to be able to both retain and attract back those who acquire skills here. In conclusion, the development of the detailed growth and development strategy will be an exceedingly interesting task.
The ability to drive change and take hard decisions. There is no doubt that the Government of the Free State, supported by local government and in interaction with its social partners, will prove to be more than equal to the challenge.
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Allow me, at the outset, to apologise on behalf of Minister Trevor Manuel, who is unable to be here this evening. Unfortunately, the Cabinet meeting was set for a full day, and he was not able to return to Cape Town in time.
It is indeed a pleasure to be here, and participate in the launch of Oasis. The fact that Oasis has come into existence is itself testimony to the tremendous changes taking place within our society, providing new and exciting opportunities for all South Africans.
Tonight, I would like to address the question of the rapidly changing environment that you, as a new asset management company, will operate in.
The normalisation of South Africa's international financial relations, globalisation, the removal of restrictions on international capital movements and the linking of financial systems and markets, pose new challenges to the financial markets in South Africa. To maintain and indeed improve the well-developed and sophisticated financial system we have, and to ensure an investor-friendly environment, it is essential to enhance both transparency and liquidity in the financial markets, as well as reduce risk.
A number of structural changes have been made, or are in the process of being implemented. Ongoing liaison between the Department of Finance and the South African Reserve Bank, as well as the other role players in the South African financial markets, ensures a constant evaluation of such changes.
Considerable progress has already been made to ensure South Africa is more investor friendly. This includes the phasing out of exchange control restrictions, including the removal of all restrictions on the inward and outward movement of capital by non-residents.
Various tax changes, in addition to the rate reduction in STC and MST, that will affect institutional investors and therefore also the financial markets in South Africa, have been introduced or are under consideration.
an incentive in favour of lifetime annuities; and taxation of retirement fund income as it arises, rather than when it is paid out.
Furthermore, significant operational and regulatory changes have been, or are in the process of being implemented in the domestic market. This will contribute to improved competitiveness as well as compliance with international standards.
the termination of trading on the gilt floor of the Johannesburg Stock Exchange in November 1995. Bond trading shifted to the Bond Market Association, which since its inception in 1989 had operated an informal screen and telephone trading system with the Universal Exchange Corporation Ltd.
the approval of the Rulebook and underlying principles of the official bond market in March 1996 and the licensing, on 15 May 1996, of the Bond Exchange of South Africa to trade. Certain operational and regulatory changes are still in the process of being implemented, namely the establishment of a surveillance department and a reporting system for trade in bond options. The implementation of the recommendations of the Group of thirty concerning a T + 3 rolling bond settlement, is scheduled for November 1997. The advantages of this are the reduction in credit, counter-party and settlement risks, apart from achieving conformity with international standards.
all exchanges, in line with international standards, have been orienting towards electronic scrip depositories and clearing and settlement procedures. In the JSE and the Bond Exchange of South Africa, this involves a movement away from paper based markets. This move has necessitated the development of electronic scrip depositories. The restructuring of the financial markets will favour the development of a single umbrella electronic scrip depository, and clearing and settlement procedures. This will lead to improved security and enhanced efficiency. The Bond Exchange is also developing a risk management system to risk manage all the spot, forward and option positions on the exchange. The system aims to measure all significant risks in bonds and options.
the introduction of operational and regulatory changes on the Johannesburg Stock Exchange.
the phasing-in as from March 1996 of the Johannesburg Equities Trading System, with dual capacity trading and fully negotiated brokerage.
the introduction of the concept of host broker as part of capital requirements; and initiatives aimed at the extensive of the automated trading system and the implementation of an electronic scrip registry and rolling settlements.
Important initiatives are also under way in the area of the marketing of government bonds. The South African Reserve Bank currently acts both as an autonomous monetary authority and as government's agent for the marketing of its debt instruments. Due to the inherent conflict of interest in pursuing its own policy objectives as monetary authority and at the same time also needing to be conscious of government's policy objectives regarding public debt management, government now has full authority over all policy matters pertaining to the management of public debt. A two-phased implementation strategy is being followed.
Firstly, all funding activities that are being performed by the Bank on behalf of government have been ring-fenced from the Bank's monetary management activities. The Bank is directly accountable to the Department of Finance in respect of all matters concerning debt management. A risk management framework has been adopted by government, which provides for reference points against which compliance by the Bank to government's philosophies and principles of debt management can be monitored.
Secondly, interaction with market participants has been initiated, with a view to appointing a panel of primary dealers in government bonds. Once primary dealers have been appointed, it is the intention that the functions of market-making and the selling of government bonds that are currently being performed by the Bank be shifted to the primary dealers for their own risk. As a pre-requisite to the appointment of primary dealers, it will be necessary to reform the present tap system of marketing government debt, and establish a tender or auction system.
The intended appointment of primary dealers should be viewed as an important element of a longer term initiative to further contribute to the development of the South African financial markets. In the process, the focus will be on the establishment of the State's name as a fair and efficient competitor in the domestic and international financial markets.
Once primary dealers have been appointed, a stronger focus will be placed on the marketing of rand-denominated instruments in the international financial markets. This will have the benefit of attracting much needed foreign capital and also contribute to liquidity in domestic government debt instruments.
As part of the broader initiative to contribute to the development of the South African financial markets, the role of the Reserve Bank (as agent of government), as provider of forward cover, is in the process of being phased out. At the request of government, the Bank has already stopped providing any new long dated forward cover contracts.
The various structural changes in the South African financial markets that have been or will be effected no doubt contributes significantly to improving South Africa's international competitive position.
the strong interest by major international financial institutions to become primary dealers in the marketing of rand denominated debt instruments; and the opening of branch offices by international financial institutions in South Africa.
The changes also greatly contribute to the development of derivative instruments. This is particularly important in that it provides for much needed hedging opportunities in an international integrating environment.
In addition, the increasing presence in the South African market of foreign financial institutions as a result of the opening-up of our markets, contributes to the development of our region as a whole. Not only do foreign institutions use South Africa as a base for investment in other countries in our region, but also by operating branches and subsidiaries in other countries a significant contribution is being made in the broader development of financial markets.
The changing environment does, however, pose important challenges for all of us, both in government and for organisations such as yourselves.
the need for the South African Reserve Bank to ensure, on an ongoing basis, the effective management of the money market. In this respect it is interesting to note that many other central banks operating in sophisticated financial markets now influence short-term interest rates more directly with their operations in the markets. Instead of overnight loans being provided at the discount window, they enter into repurchase transactions with banking institutions.
the need for better co-operation between the regulators of the role players in the South African financial markets; and the further development of a framework of incentives that will induce market discipline on all public sector borrowers.
All of the above indicates the ongoing need to evaluate policy objectives of regulation against the rapid changes in the operating environment, not least the way in which technological advances constantly impact on existing regulations. We need to ensure appropriate prudential requirements with appropriate compliance supervision, especially of conglomerates given the trends towards concentration and conglomeration of the industry.
We also need to eliminate the gaps in regulation, and ensure domestic regulation meets international standards. Above all, we need to provide adequate protection from unscrupulous operators. This requires a long-term strategic approach to the regulatory framework, taking account of the need for both functional and institutional regulation for both corporate and financial institutions. Our imperative must be the education and protection of the consumer.
What all of the above indicates is that we are operating in a rapidly changing environment. The very nature of the South African economy dictates that we embrace the challenges of globalisation. But we need to recognise that globalisation has certain disciplines. Companies faced with the choice of investing anywhere in the world compare the price and efficiency of the fixed factors of production, and we need to ensure that we are competitive.
Investors also want to know, with a degree of certainty, that the prices of today are the prices that will prevail in the future. Thus there is a comparison of macro-economic management across countries.
With the emergency of companies like Oasis, companies committed to the development of South Africa and all its people, we can together build the skills, competitiveness and excellence that will make our country a winning nation.
I wish you every success in your endeavours. Harnessing your combined skills, talent and energy into a company like Oasis, committed to the highest ethical standards, should be good for all of you, for your clients, and for the country.
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Thank you for the honour of inviting me to speak to you today on the eve of August 9th, 1997. It is a day on which we pay tribute to all women, for our triumphs and for our tears, for our boldness, brains and beauty, for being the rock on which society is founded.
And therefore it is a fitting day to take stock of the situation of women in South Africa. I was asked to speak on matters such as the effects of globalisation, and where our economy will be in ten years time. I'll come to some of those issues, but I want to start much closer to home.
On Friday, one week ago today, 7-year-old Mamokgethi Malebane was buried. The old adage goes: "give me a child until she turns seven, and she is moulded for the rest of her life". Before her murder, what was the experience of life Mamokgethi knew?
Certainly, a caring, loving mother, Joyce Malebane, who no doubt gave of her best to ensure Mamokgethi went to school, made friends, and would grow up to be a women of substance. But she also experienced what no one - child or adult - should ever have to endure: rape, brutality, fear and ultimately murder. What an indictment! And the greater tragedy is that what happened to Mamokgethi is not an isolated incident.
Yes, government has a direct responsibility: tighten the bail laws, ensure they are effectively applied, ensure appropriate and adequate training of police and prosecutors, enhance the ability of magistrates to apply the law, develop an integrated national information system to allow better access to criminal records etc. - but if we assume that taking the administrative measures above will solve the problem, we are sorely mistaken. These steps must be taken, but as a society we must deal with the root cause. Whatever resources we allocate will never be enough unless we, as individuals, as a society, turn away from crime and violence.
And we all need to do much more to ensure this happens. We need to start by asking ourselves: what can we do, everyone of us, to help change our brutalised, traumatised society?
We all know that it is frequently the child that is abused who goes on to become an abuser. And the worst legacy the new South Africa has inherited is the way in which our people were abused. It is not about casting blame or making excuses, but it is about recognising that the society of today grew out of the brutalisation and anguish of yesterday, so that we can start, however painstakingly, to heal our nation.
We are a society that was divided by force and law, a people divided by race, by colour, by gender, by education; the divide between rich and poor, mirroring the racial divide. The challenge to all of us is to cross these great divides.
And this brings us back to this meeting, to you and me, the women and men of South Africa. We are a people proud of our achievements, our striving for democracy and human rights. We are a people who have spent our lives determined to be free, and we cannot allow our dreams of freedom to become a nightmare of abuse. We are a people whose history demonstrates our iron will to turn tragedy to triumph.
The challenge is to put meaning back into life for each and every one of us. It is about hope and vision, a caring society in which every life is valuable. For if my life has value, has meaning, I am more likely to respect the right to life of my fellow South Africans.
Essentially South Africans want peace, want to live together, want to build a new country on solid foundations. And it is women, as the nurturers, who bear a particular responsibility.
Violence against women and children is a global issue. For the first time, the United Nations Children's Fund, UNICEF, has included in its annual Progress of Nations report a specific section on violence against women.
This report indicates that progress is not just about economic and quality of life indicators, but is also judged by the degree of protection women have against discrimination and violence. It also recognises that violence against women undermines a nation's health and stability.
In recognising this, our constitution determines equality of sex and gender as a fundamental value. It establishes a Commission on Gender Equality, which became operational a few months ago. And while I do not subscribe to an approach to gender equality based on numbers or a quota system, I have come to recognise that unless determined and committed efforts are made by those in authority, it is extremely difficult to break through the glass ceilings so forcefully in place.
Some statistics are instructive: 27% of MPs are women, while only 15% of the members of the NCOP are women. 19% of those elected at local government level were women, as compared with the OECD countries average of 11%. 49% of public servants are women, with most being employed as teachers, nurses etc. However, they tend to occupy the lowest ranks. For instance, women predominate at primary school level and are under-represented among principals, deputy principals and departmental heads.
In the public service, the percentage of women at senior management level has grown from 3% in 1994 to 10% now. The 1996 White Paper on the Transformation of the Public Service sets as a key target that, in the next four years, 30% of new recruits to middle and senior management echelons will be women.
Thus in elected office and the public sector, a concerted effort is being made to enable the upward mobility of women on merit. Having women in key positions, however, does not guarantee that policy will be gender sensitive.
In an endeavour to target poverty, and recognising the correlation of this with women's status in society, government has initiated a pilot gender budget initiative, co-ordinated by the Office on the Status of Women in the Deputy President's Office and the Department of Finance. It is an initiative linking with the Women's Budget Initiative, a collaborative venture between Parliament's Joint Standing Committee on Finance and NGOs, which has produced reports on the gender implications of government budgets since 1996.
What is the situation in the private sector Women are still less than 5% of all directors of listed companies, and below this level are primarily found in administrative and support positions. Less than a quarter of those employed in management positions are women, and of these only 9% are African women?
At the lower level disadvantage and discrimination persists. Only 6% of African women who are 20 years and older have graduated from tertiary institutions. Only 12% of African women, and 15% of African men, have matriculated. 20% of African women, and 14% of African men, have had no formal schooling at all. In contrast, fewer than 1% of white women and men have no formal education.
There is also a marked racial and gender difference among those relatively lucky few who have both a university degree and are earning a wage or salary. 82% of white men with a degree were earning R4,000 a month or more in October 1995, compared to 53% of the white women, 47% of the African men, and 36% of the African women.
What comes through in any analysis of the situation of women and men is the lack of acknowledgement of women's contribution to society. The statistics suggest that women contribute less than men, that fewer women are economically active and that more women are unemployed. But what all these statistics miss is the unpaid labour which most women contribute daily to the reproduction and maintenance of society and its people.
Thus the status of women correlates strongly with the very essence of South Africa's challenges. I would now like to briefly look at the nature of the developmental challenge as it affects women in KwaZulu-Natal, how government's macro-economic policy is shaped to deal with such challenges, and review the impact of globalisation on the South African economy.
In 1995, unemployment in KwaZulu-Natal was estimated at 33%, while that of women was 42%, despite the fact that almost one third of South Africa's manufacturing exports, particularly clothing and textiles, are produced in this province.
Government policy is endeavouring to ensure women have the tools they need to survive and function in society: education, health care, access to land, and the ability to find a job.
Of all the initiatives, whether land reform and land restitution, housing programmes and health care, the most critical challenge is to reverse the declining trend in the creation of formal sector jobs.
The government recognises that the economy's failure to create sufficient formal sector jobs has its roots in the collapse of investment during the 1980s, the decline in the economy's labour absorption capacity and the structural constraints imposed by the balance of payments.
We are tackling these issues in three ways.
Firstly, South Africa needs a higher level of investment. For the economy to grow fast enough to absorb just the new entrants to the job market will require investment to increase from its current level of 19% of GDP.
policies to reassure domestic investors, including a cap on tax as a proportion of GDP, and an independent central bank.
Secondly, South Africa needs to be able to grow faster without running into a balance of payments problem. In the past, every time the economy began to expand quickly, we experienced a balance of payments problem.
a policy designed to expand demand, such as a softer fiscal stance, could result not in more jobs, but in higher inflation and higher interest rates to deal with the balance of payments problem; and we need to maintain the kind of macro policies that ensure South Africa's access to international capital markets at favourable rates.
What we are endeavouring to do to deal with the balance of payments problems is to encourage exports, have a controlled but accelerated tariff reform programme and maintain a competitive currency.
Thirdly, none of the policies will achieve their targets if we do not address the declining level of job creation. Despite the economy's rapid expansion over the past three years, job creation continues to be disappointing. The impact of trade reform should be to increase manufacturing exports, which are generally more labour intensive than other sectors of the economy.
We are urgently looking into ways of establishing a sustainable public works programme, to create thousands of jobs, particularly in rural areas. The whole question of creating sustainable jobs, and maintaining those we already have, will receive the focused attention of the country in a Jobs Summit scheduled for later this year.
A critical component of any job creation programme is training. We all know that education was the cutting edge of apartheid. Therefore education and training, in keeping with the technological demands of the 21st century, is of paramount importance.
Finally, I would like to look at globalisation: what does it mean, and what are the risks and opportunities This is particularly pertinent to this province, as an increasingly outward-oriented economy will favour coastal provinces?
The very nature of the South African economy dictates that we embrace the challenges of globalisation.
South Africa's domestic savings are insufficient to provide the level of investment that is required if we are to reverse the decline in job creation.
South Africa needs to increase its foreign exchange earnings through increased exports. This is a double-edged sword. To increase exports requires that imports, as inputs into an exporter's production process, are competitively priced, and that we have access to foreign markets. This means we need to manage a reduction in tariffs. There is a growing body of literature that shows the strong correlation between openness, as defined by the combined level of imports and exports, and growth. This is because increased openness allows an economy to improve its internal resources allocation in line with its comparative advantage.
Ultimately, a healthy growth in manufactured exports will have a direct spin off in increased labour absorption.
We should, however, recognise that globalisation has certain disciplines. Companies faced with the choice of investing anywhere in the world compare the price and efficiency of the fixed factors of production, namely labour and infrastructure. If we are to attract investment, we need to ensure that our labour and infrastructure are competitively priced.
Investors also want to know, with a degree of certainty, that the prices of today are the prices that will prevail in the future. Thus firms compare macro-management across countries. Therefore, if we want foreign direct investment our fiscal management, taxation levels and exchange controls must be in line with other developing countries.
South Africa cannot achieve its developmental objectives without embracing the challenges of globalisation, and indeed emerge as a winning nation.
All of the above urges us to recognise one imperative: at all levels of society in whatever our walk of life, it simply cannot be business as usual, because that is simply not good enough. I have no doubt that the women of South Africa will rise to the challenge, work to stop the abuse of women, strive to protect, cherish and nourish the girl child.
Let us, as women, together cross the great divides of the past.
Formal apartheid has ended, and the new fight is about being equal citizens of a state where all have the right to live and dream, not in fear and hunger and illness, but in hope of a future that brings peace and stability, prosperity and fulfilment, to our corner of mother Africa.
Thank you for inviting me to be here with you today.
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Welcome Mr Chairperson, Ladies and Gentlemen I would like to welcome you, Chairperson, and your colleagues from the Joint Standing Committee on Finance. We are also honoured to welcome Jacques Modipane, the MEC for Finance from Mpumalanga and Shepherd Mayatula, the MEC for Finance from the Eastern Cape. Last, but certainly not least, I would like to welcome our eminent guest speakers at today's proceedings, Ruth Richardson, Murphy Morobe and Charles Simkins. It is encouraging to see so many people here this afternoon. I believe that the high level of interest demonstrates that the Medium Term Expenditure Framework is at the top of all our agendas.
I should like to spend a few minutes this afternoon explaining why I think that perception of the central role of the MTEF is absolutely correct. The central role of Reconstruction and Development Mr Chairperson, the Medium Term Expenditure Framework is a tool to deliver reconstruction and development.
the budget this year reaffirmed our commitment to investment in human development and access to health services we are developing a broad social security net and a range of developmental welfare services we are promoting industrial growth, supporting urban and rural development and encouraging small business development we are building new infrastructure - infrastructure that our expanding economy needs for the next millennium and we are providing more for police and justice, to protect us from crime - building the institutions of a free and prosperous society.
We have known for some time that these priorities can only be delivered within the context of a strong and growing economy, sound economic policies, and proper financial discipline. The Medium Term Expenditure Framework is one among a number of reforms to the way the government does its business to ensure that we meet that challenge.
These challenges, and our commitments to meet them, all extend far into the future, well beyond the planning horizon of a one-year budget cycle. So we have decided to adopt a 3-year forward planning framework.
first, we can decide at a political level how to deliver improved public services and transformation within realistic projections of what we can afford to spend second, public services can plan over the medium term, in the knowledge of how their budget is likely to evolve, improving over time the value for money and so delivering more and better services third, we can assess new policy proposals as they emerge fourth, we can allow agencies to enter into forward commitments based on their budget projections, ending the insanity of having to bid for money this year that you know you are not going to be able to spend and fifth, we can set out to parliament, the public and the financial markets how we are going to go about achieving the fiscal policy targets that we have set ourselves.
Mr Chairperson, I think we should be in no doubt that medium term planning will bring significant improvements in the planning and management of public services.
But the Medium Term Expenditure Framework is not just a matter of stretching the budget horizon from 12 months to 36. It is about putting our money where our mouth is. We have a huge agenda for the development of this country. We need to transform the delivery of public services.
We must make sure that the budget system supports those priorities. The Budget must reflect the priorities of the Cabinet, of the three tiers of Government, and of the nation. We cannot simply accept the budgets we have inherited. We must not address our priorities through small incremental changes from year to year. We must channel funds to our highest priorities. Inevitably that means we have to identify services we can do without, or which we can do more cheaply, or which we can scale down. That is why we are introducing the Medium Term Expenditure Framework. It is a mechanism for establishing our priorities, and ensuring that the money is found to meet them.
The judgements about the Budget that we take in Cabinet and in provincial Executive Councils depend on the integrity and quality of our information. So the first and most important goal of the MTEF is to strengthen political decision-making in the budget process. We will direct money to our priorities. The MTEF will ensure that we deliver reconstruction and development in the context of a sound and stable macro-economic framework. It enhances the transparency of the budget process. Better analysis In addition to matching budgets to priorities, the MTEF process will help us to understand the trends and pressures in public spending. What are the determinants of the costs of particular services How can we work to deliver more and better services with the limited resources available?
Officials are working to develop models that identify policy choices and expose the budgetary implications of those choices. This is a co-operative process, designed to build a shared understanding between the departments of Finance and State Expenditure, and the line departments responsible for delivering services, of the implications of budgetary allocations. It is also important that we all understand the need for sound financial management, appreciate the need to keep spending at a level that we as a country can afford.
The Departments of State Expenditure and Finance are responsible for ensuring that spending is kept to a level that is affordable, and advising the government on how to ensure that money is targeted on its broad priorities. They will do this through Medium Term Expenditure Framework. Making more with what we have I do not need to tell you that the adoption of a medium term perspective does not mean that there is any more money. We have to live within our means. We will live within our means. The challenge we face is to make every rand go further: to deliver better services, more infrastructure, more poverty relief, more reconstruction with the money we can afford.
Medium term planning will mean that we get more bang for our buck. We will analyse and interrogate spending. We will think more smartly and more critically about how we go about our business. We will learn from each other, and learn from best practice, to make sure that we are doing the best we can with what we have got. This is the challenge before us - we will not throw good money after bad. Tales of overspending and mismanagement will only make the Treasury more determined to put the money where it will be well spent. Failure and waste cannot be rewarded.
There will be no bail out. The link to outputs In the years ahead, the analysis underlying the MTEF will provide a tool which links expenditure inputs to service outputs. It will take some years to build the framework in full. All departments have been invited to begin to develop clear analyses of their polities and service delivery targets, within the context of government's macroeconomic framework. Increasingly, as the MTEF develops, it will be built upon output-oriented reviews of all spending programmes and activities. Departments should begin this process now. In future years, we will not allocate money without a clear agreement about what that money is going to buy. This is nothing more than common sense.
health, education and welfare at the provincial level the criminal justice system and defence at the national level and the universal issue of public sector pay.
Sectoral teams will begin work on these issues at tomorrow's workshop. I want the teams to develop an understanding of how spending trends are related to policy choices and programme design. The teams are asked to show how we can meet our policy goals efficiently and equitably. They should make recommendations on the structure of medium term budgets. Most importantly, they should expose the key expenditure choices we face as we seek to deliver reconstruction and development.
We are reforming public sector procurement and tender procedures.
And alongside the introduction of a medium-term framework, I will be tabling further proposals for budget reform and financial management. I hope that you will use this conference to debate these issues, not as abstract themes in a discursive critique of the state, but as concrete proposals that will contribute to government going about its business better. There are seven months left before we table our first set of three-year forward estimates. We face tough budgetary choices and this conference has an important role to play in ensuring that we make these choices wisely.
In conclusion, I would like to say how pleased I am to see such interest and enthusiasm in the Medium Term Expenditure Framework. This conference brings together national and provincial officials, from both treasuries and line departments, involved in and responsible for Government's budgets. You carry heavy financial responsibilities and an immense volume of work goes into preparing budgets and managing expenditure.
This year, the work-load is that much heavier, as we introduce for the first time a three-year framework. You have had to work frantically to get departmental submissions in. And the work is far from over. I know I speak on behalf of my colleagues in Cabinet and I know that my provincial counterparts are with me when I say: the MTEF is possible because of your skills and dedication; its success depends on your efforts. I thank you all.
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Thank you for the opportunity to address the Lekgotla today. Whilst the focus of the meeting is undoubtedly on the Province itself, the occasion also provides us with a valuable opportunity to build on co-operative governance between all three spheres of government. I say this not only because it is a Constitutional requirement, but more importantly from a political and delivery perspective, because delivery can only be maximised if there is full co-operation and an alignment of policies between all three spheres of government.
Whatever policies we adopt, we must ensure that all spheres are committed to implementing these policies. More importantly, we must ensure that all spheres fully understand the reasons why such policies have been adopted. The danger with a three-sphere system like ours is that each sphere begins to adopt a rather narrow and one-sided perspective; worse still, where each sphere implements policy in a half-hearted manner because it does not feel fully committed to that policy. This brings us to the hard bit. Since no sphere can exist or implement policy without the necessary finances, the financial policies of the government play a central role in ensuring that we deliver on our RDP objectives. Given the 300 years of deprivation, there is a huge demand for limited funds, forcing us to prioritise and phase in our policies in a considered way so as to ensure that we maximise delivery to as many of our people as possible. In this sense, it becomes a crime to waste funds, or to overestimate our capacity to spend and therefore hold on to funds which one department cannot spend when another department could do so. We have the responsibility, both in law and in fact to ensure that appropriate systems are developed across all of government to maximise the allocative efficiency of resources. GEAR But, we have to recognise that adequate systems without adequate resources do not score any points with the electorate. If we are to address the enormous backlogs, and, on a continuing basis, address development needs, we will have to grow the economy substantially and sustainably. This is our only guarantee for resource adequacy. In addressing the challenge, we have to understand that we seek to transform the economy at a time of rapid change across the globe, in a world which is increasingly interdependent. We need to understand the huge shifts in what is produced and how things are produced the huge shifts in what is traded and how goods are traded the shifts in sources of wealth from minerals to technology; and the accumulated wisdom in the best practice of governance.
More importantly, in South Africa we have set down in the RDP the benchmarks we have to attain in order to effect socio-economic justice. These are the circumstances which gave rise to the programme for sustainable growth and development.
a competitive, fast-growing economy which creates sufficient jobs for all workseekers a redistribution of income and opportunities in favour of the poor a society in which sound health, education and other services are available to all an environment in which homes are secure and places of work productive.
GEAR is essential the alignment of policies at a macro level in order to create a set of outcomes which approximate as closely to those four elementary objectives as possible. GEAR underpins the RDP - it cannot replace it. It creates a sound platform for the detailing of a range of microeconomic policies in areas such as industrial development, labour market policies, infrastructure development and enterprise development. Macro-economic policy cannot, on its own, deliver socio-economic development - for that we need detailed policies in areas such as health, housing, education, welfare and land reform. What macro-economic policy does provide is the anchor which will render all of the other policies credible and workable. We have learnt many valuable lessons in the discourse around GEAR over the past thirteen months, and we remain convinced by the approach which argues, "an important foundation for the growth and redistribution policy South Africans choose has to be the maintenance of market confidence although that, itself, is an elusive task." Laurence Harris in the Political Economy of South Africa's Transition. GEAR also asks of us to examine the role of government in the economy. In calls on us to repeatedly ask what we do, take direct responsibility for, what we can catalyse in respect of other actors in the economy and, more precisely what we spend resources on. For example, we have inherited a huge debt-servicing bill. We have inherited a national debt of R309 billion, 55% of our total income or GDP. Our debt servicing for this year is about R38.5 billion out of a total budget of R188.9 billion for 1997/98. This is the second biggest item on our budget, but the one item that has been rising fastest, and will overtake education's R40.2 billion if we continue to borrow at higher levels than 3% of GDP, in the future. We raise R161.9 billion from taxes, and borrow R24.77 billion, or 4% of GDP. In other words, for every R1 we spend, we raise just under 86c and borrow just over 14c. We spend 20.6c on interest, and so are left with only 79.3c to spend on anything else. Our total capital expenditure at national and provincial level is only expected to be R14.8 billion, or 20,4% of the total national and provincial budgets. We cannot get higher growth if we are going to be spending less on capital and more on recurrent expenditure. So GEAR is important if want higher growth to generate more jobs, and if we want to be able to spend more of the funds we raise on RDP instead of interest. If we want to be part of the global economy, we have to accept that there are costs that we have to bear if we want to benefit.
This brings us to our constitutional responsibilities. In terms of the new constitution, provinces and local government are entitled to a share of nationally-raised to enable them to deliver basic services and perform their functions. (These functions are set out in schedule 5 and 6 of the constitution.) One of the important factors to take into account when determining the equitable share is the fiscal capacity of each province and local government, as well as the efficiency of their collection and spending. Hence areas not collecting their due and ensuring the success of Masakhane cannot expect to get more money; similarly for those not reprioritising their expenditure to enable them to deliver on RDP. For this reason, since provinces do not have very significant powers of taxation, their entitlement is significantly more than government. The nine provinces received close to R90 billion this year, whilst local government received approximately R4 to 5 billion. We have a Budget Council made up of MECs for Finance and the Minister, where consultation with provincial governments on their equitable share takes place. I have met with SALGA to set up a forum to consult with local government to determine its equitable share.
Receiving funds introduces new responsibilities. We have a public duty to properly spend the money that our people entrust to us. Section 215 and 216 of the constitution obligate the Finance Minister to introduce legislation for treasury controls to ensure proper financial management. Government will therefore be introducing a new bill early next year. This bill will ensure that there are effective sanctions against accounting officers who overspend and hence undermine the democratically-accepted budgets at all spheres of government. We do not want a continuation of the practices of the previous regime and its Bantustans. The Public Accounts committees in Parliament and all the provinces are looking at measures to ensure that problems raised by the Office of the Auditor-General are followed through. I want to point out given the different systems operating for national/provincial governments on the one hand, and that for local government, we are striving for an approach that is consistent and uniform in its principles. The present Local Government Transition Act applies to local government, whilst the various Exchequer Acts apply to national and provincial governments. It is our intention to try and replace all these Acts with one Treasury Control Act some time next year.
Given the spirit of co-operative government and the provisions of Chapter 13 of the Constitution, the Minister and MECs for Finance have a responsibility to exercise the necessary oversight over the finances of all spheres of government. Whilst forums like the Budget Council have ensured some consistency between national and provincial government, this has not been the case for local government. This sphere is more complicated, given that there are over 850 local authorities, and that the new order here is relatively young. All spheres of government must operate within a macro-economic framework that is determined at a national level. Hence the Local Government Transition Act (LGTA) was amended last year to empower the Minister to set expenditure limits for both municipalities. The Department of Finance monitors that municipal budgets do not exceed these limits, nor run operating deficits. It is imperative that accounting officers in national, provincial and municipalities act responsibility and in terms of the law. The heads of Departments in provinces, and the Town clerks or CEOs of municipalities must take their budgets seriously, and not allow themselves to be pressurised into over-spending. Councillors and MPLs, Exco members must all support their chief officers in sticking to their budgets. The departments of Finance and Constitutional Development are in the process of discussing the lines of responsibility between national and provincial governments, and in the province, between the local government departments and the provincial treasuries. However, a few points need to be borne in mind in this respect. Given that local government is an independent sphere, information and oversight over its finances are critical to the success of the system of government in SA. Whilst Councils have the primary responsibility over the finances of their municipality, provinces have an important oversight role in terms of section 139 of the Constitution. In conclusion, we face the daunting task of transformation. Along the route we are going to have to take some unpopular decisions - not to become unpopular but in order to transform. We will be tested on our ability to ask and answer difficult questions; on the soundness and credibility to drive change. Essentially, we have to fall back on each other - the spirit of co-operative governance is what should dominate. But that there were an easier walk to freedom.
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May I begin by congratulating your conference organisers on a programme which brings together views on so many of the key issues we face in preparing for the 21st century. You have had the privilege of looking into the future in all its critical dimensions: political change, crime trends, demographic dynamics, industrial standards, monetary policy, tourism, trade and investment, labour matters. And as Mr Kluever will have told you, whether or not we escape being marginalised, we in government are certainly not going to escape the penetrating gaze of the Auditor General.
You have not asked me to speak today on economic forecasting or scenario plans - many of your speakers will have dealt with these matters more ably than I could. We are committed to a faster growing, more equitable economy, a streamlined and effective public service and a safe and secure environment for both homes and businesses. But we know that these goals will not be achieved overnight, that there is hard work to be done in improving social and economic performance, that there are pitfalls along the way. Nor can we anticipate all the challenges before us in advance.
Of course we can escape being marginalised. And we cannot be content merely to escape marginalisation. We have a great deal to contribute, areas of excellence where we need to be at the cutting edge of initiatives. There are spheres of industry and trade in which we have a leading role to play in our region and more widely; there are clusters of excellence in our universities and research institutions which must remain pre-eminent internationally; on the sports field we have clearly demonstrated our growing potential for excellence; there are cultural and social impulses in our sub-continent that must be strengthened as focal points of global co-operation.
You know that we have adopted a macro-economic framework that seeks to put the South African economy on a firm, growth-oriented and employment-generating development path into the 21st century. I do not propose to dwell on the details of this strategy now.
government spending is being reprioritised, targeting social needs and will shift in favour of infrastructural investment and employment creation.
It is just over a year since the macro-economic framework was introduced. In some respects, performance has matched or surpassed our expectations. Exports have continued to grow strongly, partly in response to the weakening of the rand last year. Public sector investment spending has increased, and several key public enterprise restructuring and re-financing agreements have been effected.
Foreign investment in the economy has been steady in 1997, contributing to a marked improvement in the reserve position and downward trends in capital market interest rates.
Employment creation appears to have responded sluggishly, if at all, to the economic expansion between 1994 and 1996. This is a major challenge, and the Minister of Labour has called a Summit on Jobs to be held later this year to give the unemployment problem the attention it deserves.
The economy has slowed over the past year, and some commentators expect growth in 1997 to be little more than 2%. We have hoped to do better than that. But it is worth stressing that for the first time in decades an economic expansion in South Africa has been driven mainly by private business investment and expanding export opportunities. This means, quite simply, that the next growth phase will build on the expanded industrial plant and the extended global market participation that have been won over the past business cycle. This is a sustainable and viable foundation for growth.
We have made it quite clear that do not believe the economy can grow for long on temporary injections of government consumption spending, or any other artificial energy stimulants or fiscal muscle relaxants. We have to build this economy on firm productive foundations.
Let met add something about the redistributive side of the Growth, Employment and Redistribution strategy, which is often neglected.
not least, improved administration and prosecution of offenders - that are aimed at greater fairness in the tax system.
But it is mainly on the expenditure side that government plays a role in redistributing incomes and opportunities. We have improved access to primary health services, we are addressing the backlogs in education and training, we have clean drinking water, electrification and Not all of these redistributional initiatives will contribute to improved growth in the short term. But the international evidence on long term economic performance is unambiguous. By ensuring that children have access to schools now, that homes are electrified and water supplies are safe, that houses are built and roads are repaired, we are investing in our children's livelihoods and our children's children prosperity.
Can we avoid marginalisation Yes, but this is not just about looking after our own core needs; it is also about protecting the interests of generations ahead?
The very nature of the South African economy dictates that we meet the challenges of globalisation.
South Africa needs to increase its foreign exchange earnings through increased exports. This is a double-edged sword. To increase exports requires that imports, as inputs into a exporter's production process, are competitively priced, and that we have access to foreign markets.
We should, however, recognise that globalisation has certain disciplines. Companies faced with the choice of investing anywhere in the world compare the price and efficiency of the fixed factors of production, namely labour and infrastructure. If we are to attract investment, we need to ensure that our labour and infrastructure are competitively priced. Investors also want to know, with a degree of certainty, that the prices of today are the prices that will prevail in the future. Thus firms compare macro-management across countries. Therefore, if we want foreign direct investment our fiscal management, taxation levels and exchange controls must be in line with other developing countries.
South Africa cannot achieve its developmental objectives without meeting the challenges of globalisation.
I now want to draw together three particular aspects of our work in the Ministry of Finance which represents modest beginnings in our journey towards stronger and more confident economic performance. In all these areas, we can draw to some extent on past strengths and capacity.
But for reasons which I will briefly touch on, these are also areas in which we have to do battle with a considerable starting deficit.
We have agreed on a new Constitution, clearing the decks of the politically and economically bankrupt constellation of states envisaged by apartheid planners. We have established the constitutional framework for three spheres of government, but we face an immense challenge in developing the necessary financial management capacity and traditions of good governance necessary for the viability and effectiveness of a transformed public sector.
We inherit a highly centralised, may I say paternalistic, tradition in public sector management, designed to maximise control and disempower decentralised agencies. When we visit provinces in search of decision-making capacity, we are told that "these things always used to be done in Pretoria".
There is of course a role for good central administration and clear policy frameworks within which decentralised offices can operate. But throughout government, we need to build accountability and financial management capacity consistent with locating responsibilities where they belong and strengthening improved service delivery within the limits of the available resources.
If we are to escape being marginalised, this is a project that must succeed. Not just in government, but right across the economy, we need to strengthen financial literacy and expertise. For too long, the accounting profession and the financial services industry concerned themselves with standards and products tailored almost exclusively to the top end of the market. This is changing - we need to welcome the re-thinking of curricula, qualifications, the needs of the public sector, the needs of smaller businesses and the re-packaging of financial services aimed at broader markets that are in progress.
The Offices of the Accountant General and the Auditor General have key roles to play in building financial management capacity, as have provincial treasuries. The training division of the South African Revenue Service is embarking on a substantial upgrading of its programmes and activities. But this is a project which needs to draw more strongly on management and finance departments in our universities, technikons and colleges.
I hope that educational institutions and the private sector will recognise the importance of rapid progress in the developing and enhancing the quality of financial and accounting skills.
Closely allied to improved financial administration is the reform of the budget process. We have taken the first steps this year in introducing a medium-term expenditure planning framework. The incorporation of the RDP into departmental budgets reinforces the reprioritisation thrust of budgetary allocations. Provincial treasuries have prepared their first budgets and are having to You will appreciate that, faced with safety and security challenges, infrastructural development needs, a commitment to equitable health, education and welfare services, and many other pressures on the national and provincial treasuries, the budget process is not a cakewalk. Budgets are often unpopular, always somewhat contentious, and never easy to compile.
We are exploring many of the more difficult aspects of budgetary reform and public sector financial management, drawing in part on international experience.
Public sector procurement reform, including streamlining of tender procedures and improvement of opportunities for small business participation.
These are long term initiatives. They are fundamental to our vision of a sound and efficiently managed public services, consistent with accelerated social development and economic progress.
Let me conclude with a few words about an even longer term vision. Together with 11 Southern African partner states, South Africa has signed a trade protocol which commits us to a programme of phasing out customs duties and other trade restricting measures with the aim of establishing a regional free trade area in the course of the next decade.
The SADC negotiations are not the only trade agreements under discussion. We have been in talks with the European Union since 1994, and there are various bilateral discussions underway.
Regional trade liberalisation enables members to take advantage of a wider market, and promotes convergence between member countries in economic performance. There are many aspects under review, including macro-economic and monetary issues, tax harmonisation, labour market issues and industrial policy. There is also scope for improved regional security and co-ordinated crime prevention strategies.
South Africa is the dominant regional economy, and we need to take care to ensure that regional integration is not frustrated by perceptions that we will be the only beneficiaries. There is abundant evidence that a well-managed integration programme will be to everyone's advantage. Our commitment to regional economic development, and to pursuing further integration into the global economy, is perhaps the single most important signal that we have no intention of being marginalised in an increasingly competitive world economy. There will be set-backs from time to time, and economic transformation will impact negatively on parts of the economy.
<fn>GOV-ZA.1997105En.2012-02-10.en.txt</fn>
To make provision for the setting aside of all sentences of death in accordance with law and their substitution by lawful punishments; to amend certain laws so as to repeal provisions relating to capital punishment; to provide for minimum sentences for certain serious offences; and to provide for matters connected therewith.
The Minister of Justice shall, as soon as practicable after the commencement of this Act, refer the case of every person who has been sentenced to death and has in respect of that sentence exhausted all the recognised legal procedures pertaining to appeal or review, or no longer has such procedures at his or her disposal, to the court in which the sentence of death was imposed.
The court shall consist of the judge who imposed the sentence in question or, if it cannot be so constituted, the Judge President of the court in question shall designate any other judge of that court to deal with the matter in terms of subsection (3).
The court shall be furnished with written argument on behalf of the person sentenced to death and the prosecuting authority.
may, if necessary, hear oral argument on such written arguments, and shall advise the President, with full reasons therefor, on the appropriate sentence to be substituted in the place of the sentence of death and, if applicable, on the date to which the sentence shall be antedated.
[Para. (b) substituted by s. 25 (a) of Act 34 of 1998.
The President shall set aside the sentence of death and substitute for the sentence of death the punishment advised by the court.
No appeal shall lie in respect of any aspect of the proceedings, finding or advice of the court in terms of subsection (3).
Pending the commencement of the Legal Aid Guide as contemplated in section 3 of the Legal Aid Act, 1969 (Act 18 of 1969), and to the extent that the Legal Aid Guide as it exists at the commencement of this Act does not regulate the position of the granting of legal aid or legal representation in respect of the proceedings referred to in subsections (1) to (5), the Legal Aid Board may issue directives, in consultation with the Minister of Justice, in terms of which legal aid or legal representation may be rendered or made available for purposes of subsections (1) to (5).
The directives contemplated in paragraph (a) shall be published in the Gazette by the Minister of Justice.
Parliament and tabled as soon as possible.
The appeal of every person who has been sentenced to death and who has appealed to the Supreme Court of Appeal against that sentence and not against conviction, shall be heard by the full court of the division which would have heard such an appeal if a direction in terms of section 315 (2) (a) of the Criminal Procedure Act, 1977 (Act 51 of 1977), had, at the time the appeal was noted, been competent and been made by the trial court.
The registrar of the Supreme Court of Appeal shall, as soon as practicable after the commencement of this Act, remit the record of every appeal referred to in subsection (7) to the registrar of the court which will hear such appeal.
The full court shall, in hearing an appeal referred to it in terms of subsection (7), set aside the sentence of death and thereafter have the same powers it would have had if the appeal had been referred to it in terms of section 315 (2) (a) of the Criminal Procedure Act, 1977 (Act 51 of 1977).
All other appeals in cases where the sentence of death was imposed and which are not disposed of by the Supreme Court of Appeal shall be disposed of by that Court: Provided that the said Court shall, if the Court confirms the conviction, set aside the sentence of death and impose such punishment as it considers to be proper.
[Sub-s. (10) substituted by s. 25 (b) of Act 34 of 1998.
A sentence of imprisonment substituted for the sentence of death in terms of this section, may be antedated by the court to a specified date, which shall not be earlier than the date on which the sentence of death was imposed.
For the purposes of this section, any provision of the Criminal Procedure Act, 1977 (Act 51 of 1977), amended or repealed by this Act, shall be deemed not to be so amended or repealed.
2 to 24 inclusive [Ss. 2 to 24 inclusive repealed by s. 106 (1) of Act 42 of 2002.
25 Amends section 30 of the Mental Health Act 18 of 1973 , as follows: paragraph (a) substitutes subsections (1) and (2) respectively; and paragraph (b) deletes subsection (7).
26 Repeals section 3 of the Second General Law Amendment Act 94 of 1974.
27 (1) Substitutes section 18 of the Criminal Procedure Act 51 of 1977.
This section shall be deemed to have come into operation on 27 April 1994.
28 Amends section 79 (1) of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes paragraph (a) ; and paragraph (b) substitutes the words preceding paragraph (b) (i).
29 Amends section 121 (5) (b) of the Criminal Procedure Act 51 of 1977 by deleting the proviso.
30 Amends section 140 (2) (b) of the Criminal Procedure Act 51 of 1977 by deleting the proviso.
31 Amends section 145 (2) of the Criminal Procedure Act 51 of 1977 by deleting the proviso.
32 Amends section 255 (1) of the Criminal Procedure Act 51 of 1977 by substituting paragraph (a).
33 Amends section 257 of the Criminal Procedure Act 51 of 1977 by deleting the second proviso.
34 Amends section 276 (1) of the Criminal Procedure Act 51 of 1977 by deleting paragraph (a).
35 Repeals sections 277, 278 and 279 of the Criminal Procedure Act 51 of 1977.
36 Substitutes section 282 of the Criminal Procedure Act 51 of 1977.
37 Amends section 286 (2) of the Criminal Procedure Act 51 of 1977 by substituting paragraph (c).
38 Amends section 309 (3) of the Criminal Procedure Act 51 of 1977 by substituting the words preceding the proviso.
39 Amends section 315 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes subsection (2) (a) ; and paragraph (b) substitutes subsection (4).
40 Repeals section 316 of the Criminal Procedure Act 51 of 1977.
41 Substitutes section 320 of the Criminal Procedure Act 51 of 1977.
42 Amends section 322 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) deletes subsection (2A); and paragraph (b) substitutes subsection (6).
43 and 44 Repeal respectively sections 323 and 325A and 326 of the Criminal Procedure Act 51 of 1977.
45 Amends section 327 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsections (3) and (4); and subsection (c) deletes subsection (6) (a) (iii).
46 Amends section 1 of the Criminal Law Amendment Act 1 of 1988 by substituting subsection (1).
47 Repeals sections 19 and 20 of the Criminal Law Amendment Act 107 of 1990.
48 Substitutes section 3 of the Corruption Act 94 of 1992.
49 Repeals section 19 of the General Law Amendment Act 139 of 1992.
The laws mentioned in the second column of Schedule 1 are hereby amended to the extent set out in the third column of that Schedule.
Notwithstanding any other law, but subject to subsections (3) and (6), a regional court or a High Court shall sentence a person it has convicted of an offence referred to in Part I of Schedule 2 to imprisonment for life.
Provided that the maximum term of imprisonment that a regional court may impose in terms of this subsection shall not exceed the minimum term of imprisonment that it must impose in terms of this subsection by more than five years.
(a) If any court referred to in subsection (1) or (2) is satisfied that substantial and compelling circumstances exist which justify the imposition of a lesser sentence than the sentence prescribed in those subsections, it shall enter those circumstances on the record of the proceedings and must thereupon impose such lesser sentence: Provided that if a regional court imposes such a lesser sentence in respect of an offence referred to Part 1 of Schedule 2, it shall have jurisdiction to impose a term of imprisonment for a period not exceeding 30 years.
any relationship between the accused person and the complainant prior to the offence being committed.
[Sub-s. (4) omitted by s. 1 of Act 38 of 2007.
Subject to paragraph (b) , the operation of a minimum sentence imposed in terms of this section shall not be suspended as contemplated in section 297 (4) of the Criminal Procedure Act, 1977 (Act 51 of 1977).
Not more than half of a minimum sentence imposed in terms of subsection (2) may be suspended as contemplated in section 297 (4) of the Criminal Procedure Act, 1977, if the accused person was 16 years of age or older, but under the age of 18 years, at the time of the commission of the offence in question.
This section does not apply in respect of an accused person who was under the age of 16 years at the time of the commission of an offence contemplated in subsection (1) or (2).
If in the application of this section the age of an accused person is placed in issue, the onus shall be on the State to prove the age of that person beyond reasonable doubt.
The amounts mentioned in respect of the offences referred to in Part II of Schedule 2 to the Act, may be adjusted by the Minister from time to time by notice in the Gazette.
a correctional official of the Department of Correctional Services or a person authorised under the Correctional Services Act, 1998 (Act 111 of 1998).
[S. 51 amended by s. 33 of Act 62 of 2000 and by s. 36 (1) of Act 12 of 2004 and substituted by s. 1 of Act 38 of 2007.
[Date of commencement of s. 51: 1 May 1998.
[S. 52 amended by s. 34 (a) , (b) , (c) , (d) , (e) and (f) of Act 62 of 2000 and repealed by s. 2 of Act 38 of 2007.
[Date of commencement of s. 52: 1 May 1998.
52A and 52B.
[Ss. 52A and 52B inserted by s. 35 of Act 62 of 2000 and repealed by s. 2 of Act 38 of 2007.
[Sub-s. (1) substituted by s. 16 (a) of Act 42 of 2001 and deleted by s. 3 (a) of Act 38 of 2007.
[Sub-s. (2) deleted by s. 3 (a) of Act 38 of 2007.
[Sub-s. (2A) inserted by s. 16 (b) of Act 42 of 2001 and deleted by s. 3 (b) of Act 38 of 2007.
a sentence imposed in terms of section 51 or 52A, as the case may be, shall be continued and concluded as if sections 51 and 52A had at all relevant times been in operation.
Sections 51 and 52 shall not derogate from the provisions of section 89 (2) of the Magistrates' Courts Act, 1944 (Act 32 of 1944).
Matters Amendment Act, 2000, had not been passed.
[S. 53 substituted by s. 36 of Act 62 of 2000.
[Date of commencement of s. 53: 1 May 1998.
not committed an accused for sentence by a High Court under this Act, then the regional court must dispose of the matter in terms of this Act, as amended by the Criminal Law (Sentencing) Amendment Act, 2007.
[S. 53A inserted by s. 4 of Act 38 of 2007.
This Act shall be called the Criminal Law Amendment Act, 1997, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
Page 8 of 21 may thereupon impose such lighter sentence on the person so convicted: Provided further that in the case of a magistrate's court, such lighter sentence shall not exceed a fine of R40 000 or imprisonment for a period of two years.'.
First Schedule by the deletion of the definition of 'capital offence'.
by the substitution for the words following upon paragraph (h) of the following words: 'shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding 30 years.'.
Page 9 of 21 jurisdiction which is provided for in this Code in respect of any offence, not being a more severe penalty than the maximum penalty so prescribed.'.
Code or any other prescribed offence, may be arrested by any person subject to this Code in whose presence he or she is so engaged or commits any such offence.'.
A person subject to this Code may be tried by a military court having jurisdiction for any civil offence (other than treason, murder, rape or culpable homicide committed by him or her within the Republic), and may in respect of such offence be sentenced to any penalty within the jurisdiction of the court convicting him or her.'.
Code may be tried by a military court at any time after the commission of the offence.'.
Page 10 of 21 officers of the Defence Force who have held commissioned rank for not less than two years, and shall be constituted and convened as may be prescribed.'.
by the deletion of the proviso to subsection (2).
First Schedule by the deletion of paragraph (a) of subsection (1).
Amendment of section 87 of the First Schedule by the deletion of subsection (1).
Repeal of sections 96 and 97 of the First Schedule.
Subject to the provisions of section 95, any sentence shall be executed as soon as possible after it has been confirmed.'.
CRIMINAL LAW AMENDMENT ACT 105 OF 1997 Page 11 of 21 the issues in the case.'.
'The chief disciplinary officer or any assistant disciplinary officer may under warrant take such steps as may be prescribed for the execution of any sentence of imprisonment or detention imposed by a military court.'.
(1) Whenever it appears to the Minister that a convicted prisoner in a prison is mentally ill to such a degree that he or she should be detained in an institution or in a hospital prison for psychopaths, he or she may order the magistrate of the district in which the prison is situated to cause the mental condition of the prisoner to be enquired into.
Whenever it appears to the officer in charge of the prison in which a convicted prisoner is in custody that the prisoner is mentally ill to the degree referred to in subsection (1), he or she shall report the matter to the magistrate of the district in which the prison is situated.'
Amendment of section 49 by the deletion of paragraph (i).
'(3) Any person convicted of any offence under subsection (1) shall be liable on conviction to be sentenced to such sentence as the court may deem fit.'.
'(6) Any person who, with aggravating circumstances as defined in section 8 of this Code, commits housebreaking or attempted housebreaking with intent to commit an offence in contravention of this section shall be liable on conviction to be sentenced to such sentence as the court may deem fit.'.
Code shall be liable on conviction to be sentenced to such sentence as the court may deem fit.'.
Amendment of section 30 by the deletion of subsection (7).
Amendment of section 41 by the deletion of paragraph (a) of subsection (4).
CRIMINAL LAW AMENDMENT ACT 105 OF 1997 Page 13 of 21 by this section, it shall enter those circumstances on the record of the proceedings and may thereupon impose such lighter sentence on the person so convicted: Provided further that in the case of a magistrate's court, such lighter sentence shall not exceed a fine of R40 000 or imprisonment for a period of two years.'.
Amendment of section 1 by the deletion of the definition of 'capital offence'.
' (c) The commission of any officer shall be deemed to have been cancelled on the date on which any sentence of cashiering or dismissal from the Defence Force, which may have been imposed on him or her, is confirmed under the Code.'.
'Any court martial shall have jurisdiction to try any person subject to the Code for any offence other than treason, murder, rape or culpable homicide and may subject to the provisions of the Code, impose in respect of any such offence-'.
by the deletion of subparagraph (i) of paragraph (c) of subsection (1).
by the substitution for the words following upon paragraph (h) of the following words: 'shall be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding 30 years.'.
The court convicting any person of any offence under this Code may, instead of imposing upon that person any penalty prescribed herein in respect of such offence, impose upon him or her any other penalty within the court's jurisdiction which is provided for in this Code in respect of any offence, not being a more severe penalty than the maximum penalty so prescribed.'.
'(2) Any person who is engaged in any mutiny or riotous or unseemly behaviour or who commits any offence under section 4 of this Code or any other prescribed offence, may be arrested by any person subject to this Code in whose presence he or she is so engaged or commits any such offence: Provided that an officer shall not be liable to arrest by any person other than an officer.'.
Amendment of section 73 of the First Schedule by the deletion of subsection (1).
Repeal of sections 77 and 78 of the First Schedule.
In any case in which a sentence of 12 months imprisonment or more or of cashiering has been imposed, or where application has been made by any accused under section 79 for the review of the proceedings of his or her case, the Council of Review shall, at the request of the accused, allow the accused or his or her counsel and the officer who prosecuted at the trial or any other person appointed for the purpose by the Convening Authority in his or her stead, to appear before it and hear argument on the issues in the case.'.
'The chief disciplinary officer or any assistant disciplinary officer may under warrant take such steps as prescribed for the execution of any sentence of imprisonment, detention or field punishment imposed by any court martial or military court, as the case may be.'.
[NB: The Schedule has been amended by s. 14 (1) of the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act 27 of 2006, a provision which will be put into operation by proclamation. See PENDLEX.
PART I[Part I amended by s. 37 of Act 62 of 2000 and by s. 27 (1) of Act 33 of 2004, substituted by s. 68 of Act 32 of 2007 and amended by s. 5 (a) of Act 38 of 2007 and by s. 22 of Act 66 of 2008.
[Para. (e) added by s. 5 (a) of Act 38 of 2007.
the death of the victim resulted from, or is directly related to, any offence contemplated in section 1 (a) to (e) of the Witchcraft Suppression Act, 1957 (Act 3 of 1957).
[Para. (f) added by s. 5 (a) of Act 38 of 2007.
involving the infliction of grievous bodily harm.
created a serious public emergency situation or a general insurrection.
Rome Statute of the International Criminal Court Act, 2002 (Act 27 of 2002).
[NB: An item has been added by s. 14 (1) of the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act 27 of 2006, a provision which will be put into operation by proclamation. See PENDLEX.
[Part II amended by s. 36 (1) of Act 12 of 2004 and by s. 27 (1) of Act 33 of 2004.
Murder in circumstances other than those referred to in Part I.
involving the taking of a motor vehicle.
the offence was committed by any law enforcement officer.
the possession of an automatic or semi-automatic firearm, explosives or armament.
as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy.
4 or 13.
[Part III substituted by s. 68 of Act 32 of 2007.
Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively in circumstances other than those referred to in Part I.
Sexual exploitation of a child or sexual exploitation of a person who is mentally disabled as contemplated in section 17 or 23 or using a child for child pornography or using a person who is mentally disabled for pornographic purposes, as contemplated in section 20 (1) or 26 (1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
Assault with intent to do grievous bodily harm on a child under the age of 16 years.
Any offence in contravention of section 36 of the Arms and Ammunitions Act, 1969 (Act 75 of 1969), on account of being in possession of more than 1000 rounds of ammunition intended for firing in an arm contemplated in section 39 (2) (a) (i) of that Act.
[Part IV substituted by s. 5 (b) of Act 38 of 2007.
Escaping from lawful custody.
Regulation of Certain Activities in Country of Armed Conflict Act, 2006.
<fn>GOV-ZA.1997110701En.2012-02-10.en.txt</fn>
Our goals for the South African economy are clear.
We seek a faster rate of growth of incomes and employment. We intend the benefits of growth to be strongly reflected in rising living standards of the poor.
From these objectives flow many policy imperatives. We are restoring fiscal discipline, we are liberalising the foreign exchange regime, tariffs are coming down. Our industrial and export incentive schemes are now leaner and better targeted.
A major electrification drive is well underway, a telecommunications campaign has begun. Schools and clinics are being upgraded. We have put training and skills development firmly on the Nedlac agenda. We are investing in water - from a major venture in the Lesotho Highlands, to the provision of borehole water to Manganeng village in the Northern Province.
These are all undertakings in which government is forging constructive alliances with the private sector. Telkom is now partially privately owned. Private finance has been brought into our new roads projects. We are exploring ways of combining government finance with private spending on training. And the project that will bring water standpipes to the streets of Manganeng is a public-private partnership in which both private shareholding and commercial bank investment will be involved.
These are just some of the many elements of the programme of reconstruction and development of the South African economy that we tabled before the electorate in 1994. We are implementing these development initiatives within the context of a responsible macroeconomic and fiscal framework - recognising that these are commitments we will take with us into the next decade and beyond. Building a dynamic economy, securing jobs and basic services for all, strengthening the capacity and efficiency of government, balancing competing claims on the available resources, are challenges that require courage and patience.
We would like, of course, to achieve greater things, more quickly. But it is our vision for the next ten and twenty years that underpins our policy goals and commitments. As the President has made clear so many times, our children and our children's children have the first call on our resources.
What does this mean, for fiscal and financial policy?
Let me speak first about the fiscal challenge and the budget process.
We collect taxes equivalent to about a quarter of GDP. In the early 1990s, in the last years of the previous administration, government spending reached over a third of GDP, (including offbudget expenditure such as losses to the government pension funds associated with expensive early retirement schemes and the costs to the Reserve Bank of running an asymmetric forward exchange book). It was not admitted at the time, but we now know that the national budget deficit reached over 10 per cent of GDP in 1993/94.
Last year the deficit was 5½ per cent of GDP. This is still too high. And so we have budgeted this year for total national expenditure growth of just 6,1 per cent, well below the expected rate of inflation. The deficit is 4 per cent of GDP. We intend to bring it down to 3 per cent by 1999/2000.
Government departments have had to trim their spending programmes and re-think their longer term commitments. We have a decentralised system of financial management and accountability, in which spending agencies have full responsibility for keeping within their budgets. Contrary to widespread belief, departments are accustomed to keeping within their budgets. Where additional allocations have to be made, this is done transparently in an Adjustments budget towards the end of the fiscal year. The rule is that only unforeseen and unavoidable additional spending is allowed. We keep a reserve on the budget to provide for this.
Last year, the Adjustments budget provided for shortfalls on the prisons and police budgets, mainly owing to the increasing numbers of prisoners in custody and rising case loads in the criminal justice system. We also provided for losses of the post office, and several minor items. After taking into account declared savings of R484 million, the net addition to national government expenditure was just under R1 billion. This year, we have kept aside a reserve to provide for these kinds of contingencies. We do not expect the national budget target to be exceeded.
Last year, provinces also received additional allocations in the Adjustments budget, amounting to R1,4 billion. By agreement with provincial MECs for Finance, there will be no such assistance this year. Provinces have independent fiscal standing, and have no recourse to the national fiscus. This is not just a question of maintaining fiscal discipline. It is also a Constitutional imperative. We have an agreed, equitable framework for sharing revenue between the national, provincial and local spheres of government. This is not a contract that can be overthrown to deal with ad hoc circumstances in one province or municipality.
As it turns out, several provinces and some local governments have indeed got into difficulties this year. The magnitudes involved are not yet entirely clear, nor are all the reasons for the problem.
Over the past few weeks, the departments of Finance and State Expenditure have been working intensively with provincial treasury officials and the main provincial spending departments to develop a strategy for budget management over the rest of the year. Similar exercises have been undertaken where local authorities need to put their finances on a sound footing.
Improved financial management is of course central to resolving the problems. I have reached agreement with my provincial colleagues that we will bring in the necessary skills, and the national departments of education, health and welfare will similarly help in putting provincial management on a sound footing. Where the private sector has the kinds of expertise we need, we will open up contractual partnerships both as short-term measures and with a view to building long-term capacity.
It appears that poor personnel management has been one of the major causes of provincial spending increases. Provinces account for two-thirds of the government wage bill, but are not sufficiently involved in pay negotiations, determining staffing norms or ensuring efficient utilisation of personnel. The present voluntary severance arrangement has probably reached the limits of its usefulness. Cabinet has agreed to take proposals for an affordable retrenchment package to the bargaining chamber, to facilitate ongoing public service personnel restructuring. Provinces are in the meantime implementing much stricter control of personnel recruitment, pay determination and temporary employment arrangements.
Welfare and social security programmes have also been an area of weak expenditure control. A consolidated pension database has now been established, and problems of fraud and mismanagement are being attacked more vigorously.
But I should add that we are well aware that spending trends are driven by policy commitments, in addition to management considerations. We are embarking on significant enhancements of the health services, schooling and welfare services available to the poor. Some 250 clinics have been built in areas previously unserved by the health system. Teacher qualifications are improving and we are putting books and equipment into schools that previously had only broken blackboards and crumbling sticks of chalk.
There are those who have argued that our deficit reduction targets threaten these RDP commitments. Of course, it would be easier to redress historical imbalances without cutting back elsewhere. But we know that we have to reprioritise. In practice, our deficit reduction programme sharpens the reprioritisation process. It focuses the collective mind of government on its core business. And in some areas of government's business - in education, health and welfare services, for example - government is phasing down its subsidisation of services to higherincome communities.
These are difficult things to do - parents feel the pressure of rising school fees; homes for the elderly are having to find other sources of funding; hospitals cannot offer unlimited access to expensive services. But we inherit a structure of public services that is manifestly unjust. The state cannot continue to spend more on meeting the social needs of the rich than of the poor. Reprioritisation is partly about choosing a mix of public spending that is in tune with our needs and aspirations - less on defence; more on rural water supplies. It is also about fair rules of access and funding, phased in over a realistic period of adjustment.
The most important budgetary reform currently in progress in South Africa is the adoption of a multi-year expenditure planning framework, to be introduced as a three-year expenditure framework tabled alongside the 1998/99 national and provincial budgets. It is a cooperative undertaking of the national and provincial treasuries, in which all spending agencies have prepared their budget submissions on a three-year basis, making explicit the links between policy commitments and their expenditure estimates. Needless to say, there is a substantial gap between the first estimates and the affordable expenditure.
Deliberate forward planning and publication of medium-term estimates put the emphasis firmly on policy prioritisation. In the context of South Africa's post-apartheid transition, it is clearly right that this should be the central theme in budget reform. Our performance has to be measured by our success in bringing services to those denied them in the past.
The first draft of a medium-term expenditure framework has been compiled. This has not just been a technical exercise in budgeting and programme accounting. We have taken a wide range of policy issues to Cabinet, relating the budget projections for the next three years to the choices to be made over priorities, service standards, phasing in of new commitments and closure of redundant programmes.
Before the MTEF is finalised, Cabinet will have taken some tough choices - we cannot fund all the schemes that national and provincial departments would like to undertake over the next three years.
Publishing three-year forward budgets will be a major step forward in itself. It will greatly add to the transparency and credibility of our policy commitments. It will also mean that policy discussion, and the continued reprioritisation of spending commitments, will take place within a clear and agreed budgetary framework. New commitments will have to be accommodated with the available resource envelope - making explicit the choices and trade-offs involved.
I come now to the broader financial context.
We have benefited since 1994 from a more open international financial environment, bringing foreign savings into the South African economy, together with corporate skills and industrial technology.
We have also suffered somewhat from the volatility of capital flows - investors are a cautious and sentimental lot, which no doubt helps keep finance ministers appropriately prudent.
In general, the mobility of capital and the intelligence that the financial markets bring to bear on investment decisions have played important roles in sustaining economic expansion in industrialised countries and strengthening the performance of many developing countries. I am not going to hazard any predictions against the background of recent market developments, but I think we can look back with some pride on the progress we have made in our financial reforms over the past few years. I am sure there is somebody out there who lost his shirt last week, but the rand and our capital markets have shown considerable resilience in rather stormy circumstances. We have a policy framework, and economic growth potential, that should continue to attract foreign investment. We have a central bank and a financial industry that are, I know you will agree, equal to the challenges before us.
There are several areas in which the fiscus plays its part in the evolution of a more competitive financial environment.
A framework of principles has been adopted for debt management and there will soon be a shift from market-making in government bonds by the Reserve Bank to primary dealers operating for their own risk. It is intended that the role of the Reserve Bank will be reduced over time to that of supervisory agent over the primary dealers, on behalf of the Department of Finance.
We have also adopted a formal cash management function in the Department of Finance, contributing both to cost-saving and improved and more timely information flows. These reforms are being extended to provincial treasuries.
We have adopted a revised set of guidelines for granting borrowing powers to government agencies and for issuing government guarantees. Fees are now charged for this function.
We have a new regulatory framework for borrowing by provinces and local government.
We are developing improved financial reporting requirements for public sector entities, which will in due course include accounting standards consistent with best international practice.
As I have noted, there are several areas in which we are bringing private finance into partnership with government in innovative ways.
These are not reforms for the sake of change. Our objective in reorienting the public finance environment is to ensure that capital is efficiently allocated. This means more intelligent management of risk, a more competitive approach to debt management, more transparent reporting of public sector assets and liabilities and an appropriately phased restructuring of the investment portfolio of the government pension funds.
Life being what it is, I have to tell you that there may be tax implications.
We would like to bring income tax rates down, but this cannot be done without reforms that extend the tax base and combat tax avoidance arrangements of various kinds. Efficient capital markets also require that the influence of the tax code on investment decisions should be kept to a minimum. Of course, confident investment decisions also require a sufficient degree of tax certainty. The Katz Commission's work has been undertaken in stages, which has helped establish tax reform as an ongoing process rather than an event. This is as it should be.
Our intention is not to eliminate fiscal uncertainties. But we have gone a long way towards clarifying where we are going - the macroeconomic framework is in place, our deficit reduction targets have been agreed, we will maintain the overall tax burden at around its current level and a three year expenditure programme will be introduced next year.
Conclusion You have a stimulating programme before you for the remainder of this financial markets conference. I hope it will be possible to take forward the discussion of practical ways in which private finance can be brought into partnership with the public sector, adding value to projects and not just substituting private capital for taxpayers' funds. I am sure you share with me a conviction that this is one of the foundations on which we must build a more prosperous and a more just South Africa.
<fn>GOV-ZA.1997111801En.2012-02-10.en.txt</fn>
You have invited me to give you the Government's views on South Africa's current economic climate as well as the country's future prospects for 1998. In Government we have spent the last three years creating, what I believe is an enabling environment for higher and sustainable growth. We have created an appropriate institutional framework for sustainable growth and credible policy making. We have an appropriate set of policy's. We are restoring fiscal discipline, we are liberalising the foreign exchange regime, tariffs are coming down. Our industrial and export incentive schemes are now leaner and better targeted. Policies are also in place to deal with some of the worst injustices of the previous Government. A major electrification drive is well underway, a telecommunications campaign has begun. Schools and clinics are being upgraded. We have put training and skills development firmly on the Nedlac agenda. We are investigating in water projects from large dams to boreholes in remote villages. We are creating the context for growth.
SA's current policy environment and growth prospects are fundamentally different to that prevailed prior to 1994. I would like to highlight four aspects of the policy environment that I believe put South Africa on a different growth plane.
The first and most obvious difference is the possibility and availability of foreign finance. This means that the balance of payments constraint is dramatically reduced, allowing the economy to sustain growth at considerably higher levels than in the past. Foreign investment will also play a critical role in increasing the overall investment level. On the basis of the normalisation of SA's capital account alone, I believe the economy's long run growth rate has probably increased to around 3%.
The second difference to policy making is the constitutionally entrenched independence of the Central Bank, and it's mandate to achieve price stability. I have yet to meet an economic who doubts the Reserve Bank's autonomy and determination to fight inflation. This knowledge plays an important part in building confidence and improving the efficiency with which the economy allocates resources over time.
The third difference that I would like to stress is the removal of exchange controls. We are all impressed at the lack of interest, when for the first time in 30 years, individuals were allowed to invest offshore on the 1st July 1997. The lifting of exchange controls removes one of the key uncertainties for foreign investors and in other countries has almost always resulted in an increased flow of savings into that country. Allowing individuals to optimise their investment's across currencies improves welfare, allocative efficiency and is an important discipline on policy makers.
The final and I think the most important difference is in the predictability and creditability of fiscal policy. Non of the above reforms can be effective, in the absence of appropriate fiscal policy. Given the enormity of the development and social challenge, the Government and the ANC's commitment to fiscal reform is a worthy achievement and one of that becomes the anchor for all the other reforms. Not only has the Government committed to fiscal discipline but it has mapped out the level of borrowing and taxation to the year 2000. Through the Medium Term Expenditure Framework the Government is now turning these aggregate ceilings into departmental allocations. This makes the overall targets more credible and gives the line departments the certainty over resources that allow them to focus on long term planning and delivery.
I would like to spend a few minutes describing the budget reforms currently being implemented.
The most important budgetary reform currently in progress in South Africa is the adoption of a multi-year expenditure planning framework, to be introduced as a three-year expenditure framework tabled alongside the 1998/9 national and provincial budgets. It is a co-operative undertaking of the national and provincial treasuries, in which all spending agencies have prepared their budget submissions on a three-year basis, making explicit the links between policy commitments and their expenditure estimates.
Deliberate forward planning and publication of medium-term estimates put the emphasis firmly on policy prioritisation. In the context of South Africa's post-apartheid transition, it is clearly right that this should be the central theme in budget reform. Our performance has to be measured by our success in bringing service to those denied them in the past. Publishing three-year forward budgets will be a major step forward in itself. It will greatly add to the transparency and credibility of our policy commitments. It will also mean that policy discussion, and the continued reprioritisation of spending commitments, will take place within a clear and agreed budgetary framework. New commitments will have to be accommodated with the available resource envelop - making explicit the choices and trade-offs involved.
There are those who have argue that our deficit reduction targets threaten our RDP commitments. In practice, our deficit reduction programme sharpens the reprioritisation process. It focuses the collective mind of government on its core business. And in some areas of government's business - in education, health and welfare services, for example - government is facing down its subsidisation of services to higher-income communities. These are difficult things to do - parents feel the pressure of rising school fees; homes for the elderly are having to find other sources of funding; hospitals can not offer unlimited access to expensive services. But we inherit a structure of public service that is manifestly unjust. The state cannot continue to spend more on meeting the social needs of the rich than the poor. Reprioritisation is partly about choosing a mix of public spending that is in tune with our needs and aspirations. It is also about fair rules of access and funding, phase in over a realistic period of adjustment.
Government departments have had to trim their spending programmes and re-think their longer term commitments. We have a decentralised system of financial management and accountability, in which spending agencies have full responsibility for keeping within their budgets. Departments are accustomed to keeping within their budgets. Where additional allocations have to be made, this is done transparently in an Adjustments budget towards the end of fiscal year. The rules is that only unforeseen and unavoidable additional spending is allowed.
Provinces are bound by similar rules. Provinces have independent fiscal standing, and have no recourse to the national fiscus. This is not just a question of maintaining fiscal discipline. It is also a Constitutional imperative. We have an agreed, equitable framework for sharing revenue between the national, provincial and local spheres of government.
As it turns out, several provinces and some local governments have indeed got into difficulties this year. The magnitudes involved are not yet entirely clear. Over the past few weeks, the Departments of Finance and States Expenditure have been working intensively with provincial treasury officials to develop a strategy for budget management over the rest of the year. Similar exercises have been undertaken where local authorities need to put their finances on a sound footing.
It appears that poor personnel management has been one of the major causes of provincial spending increases. Provinces account for two-thirds of the government wage bill, but are not sufficiently involved in pay negotiations, determining staffing norms or ensuring efficient utilisation of personnel. The present voluntary severance arrangement has also probably reached the limits of its usefulness. Cabinet has agreed to take proposals for an affordable retrenchment package to the bargaining chamber, to facilitate ongoing public service personnel restructuring. Provinces are in the meantime implementing much stricter control of personnel recruitment, pay determination and temporary employment arrangements.
Whereas fiscal policy and budget reform provides the anchor to Governments approach to sustainable macro economic management, fiscal policy alone cannot achieve a 6% growth rate. The Government recognises the crucial need to reduce the level of unemployment and provide more people with the means with which to provide for their own welfare. To do this we need to understand the link between the historical performance of the economy and unemployment. The SA economy's inability to generate sufficient jobs can be traced to three basic macro economic problems.
The first is the early emergence of a balance of payments constraint during any growth phase. This implies a very limited domestic supply capacity, which limits growth and incidentally also rules out the possibility of pursuing an expansionary fiscal program.
The second problem is the decline in the level of investment and savings available to finance investment. Investment decline precipitously during the 19980's as a result of external constraints and excessive Government spending. A successful policy framework has to reverse this decline.
The third problem is the well know decline in the labour absorption ratio. Put simply the rising real cost of job creation. This can be seen as the result of policies, often involving the state that made capital artificially cheap and labour artificially expensive.
The Government's response to these challenges has been outlined in the GEAR document. They include inter alia policies to promote exports, including further tariff reform, policies to support investment, including a reduction in fiscal dissaving, incentives to attract investment, a commitment to restructure states assets and to liberalise exchange controls. It is believed that these policies combined with the reform of labour market regulation, will bring about more natural allocation of resources within the economy and that this will over time reverse the decline in labour absorption. In the short term government will play an active role in reducing unemployment through an increase the amount of money it allocates to short term job creation projects.
The GEAR program has already achieved some notable success. Exchange controls have been substantial reduced, trade reforms continue to be implemented, tax incentives to promote investment have been introduced and the fiscal program is being implemented. It is too soon to assess the long term benefits of these reforms, as the improved resource allocation feeds into higher growth over a number of years.
Turning to the prospects for 1998. It would be inopportune for me to comment in detail at this stage on the long term impact of the recent turbulence in world markets that have rocked all countries, particularly emerging markets. But the Rand and our capital markets have shown considerable resilience in rather stormy circumstances. We have a policy framework, and economic growth potential, that should continue to attract foreign investment. We have a central bank and a financial industry that are equal to the challenges before us.
This is not to say that 1998 will be without its challenges, many of which will emanate from beyond our borders, if not from the heavens themselves. El Nino seems to set to deal a blow to our agricultural production and will once more require South Africa to avail its infrastructure to our northern neigbours for the importation of grain. For the first time in history perhaps we have had due warning of the drought which means that farmers will not incur needless debts, nor Government need to make special provision for support to farmers. If emergency support is necessary, it will focus on the poor rather than the rich.
Another area of concern is the persistent decline in the gold price. My econometricians inform me that the gold price is notoriously hard to predict as it follows a random walk. Unfortunately this walk seems to be downhill at the moment! A sustained weakness in the gold price will make it harder to sustain employment levels within the industry.
There is also talk of the difficulties in East Asian markets feeding into weaker world commodity prices, which would again affect our traditional exports.
Although this means that the current account of the balance of payments may deteriorate during 1998, we should not underestimate the sustained improvement in the export of manufactured goods over the last two years. Exports have grown rapidly and to a wide range of countries. For the first time in three decades South Africa is surrounded by countries at peace and growing at over 5per cent per year.
On the capital account the success with which our markets have survived the recent storm also indicate that South Africa will be able to attract more than sufficient foreign capital to cover the deficit on the current account. I also anticipate an increase in long term investment in response to the reduction in exchange controls, which will continue during 1998.
Turning to domestic demand, 1998 should show a sustainable recovery in the level of domestic demand now that the interest rate cycle has turned. I emphasise sustainable recovery, as Government spending will again be defined in accordance with the macro-framework. This means that the deficit will be reduced to 3.5 per cent and spending increasingly focused in areas of priority delivery.
Whereas agricultural output will disappoint, the rest of the economy is anticipated to stage a recovery. The healthy growth in manufactured output that has prevailed during 1997 is anticipated to accelerate during 1998. Inflation and credit are already entrenched on a downward path and this is anticipated to continue.
To conclude, the political transitions removed one of the greatest obstacles to growth, namely political uncertainty. Government has taken this further and taken steps to dramatically reduce the uncertainty associated with fiscal policy. The framework for growth has been further strengthened, with both deep seated institutional reforms and the adoption of policy reforms designed to enhance investment, growth and employment creation.
This will ensure stable prices and an economy wide improvement in the efficiency with which resources are allocated, resulting in higher returns and higher investment. We have removed many of the risks to citizens and investors that have in the passed dogged South Africa: namely political uncertainty, fiscal indiscipline, high inflation and the non-convertibility of the currency.
Many people have questioned whether South Africa can really achieve 6 per cent growth early in the next century as set out in the macro strategy. I think so. EI Nino and lower gold prices may reduce the growth rate in the near term, but we should not ignore the extent to which many of the constrains to growth have been lifted. Strong institutions and credible policies will continue to attract the capital that South Africa needs to achieve a higher growth rate.
<fn>GOV-ZA.1997120201En.2012-02-10.en.txt</fn>
Next year, Parliament will for the first time in the history of this country consider a three-year budget for the national government. Provincial Finance MECs will similarly present three-year expenditure plans to their legislatures. This heralds a clear break with the past. More importantly it speaks of the government's commitment to building the institutions capable of effecting sustainable transformation.
The Statement released today makes public the policy framework within which these budgets will be framed. It makes clear the links between the Reconstruction and Development Programme, the Growth, Employment and Redistribution strategy, and the Budget.
This is a significant step in increasing transparency, openness and co-operative government.
For too long, budgets, have been made behind closed doors. These are important decisions which affect all our futures.
We are publishing today the same information that is before Government as we finalise the Budget. Every citizen, every stakeholder will be able to read this Statement and see what we are trying to achieve, and the resources we have available.
We cannot achieve all our reconstruction and development goals in a single year. We have neither the capacity nor the resources.
So, we have to choose what to put first. These priorities must be the nation's priorities. They are for us all to decide together.
This Statement takes the RDP as its point of departure.
Transform the organs of government to reflect the developmental and peoplecentred nature of our democratic state.
The Statement also makes clear how the Constitution affects the budget process.
It explains how the available funds will be distributed between national, provincial and local government.
It sets out the elements of the revenue sharing formula that determines an equitable division of resources between provinces. It introduces the notion of "conditional grants" to provinces for specialised health services and clinical training, and for the continuation of the primary school nutrition programme.
It also introduces an equitable share of revenue for local government, and explains how this will be phased in.
Although the macroeconomic framework is set out here, and you will find broad projections of government spending on education, health, welfare, economic services and safety and security, this is not the Budget. This is not the medium term expenditure framework. The detailed plans will be published at the usual time, in March next year.
The Statement does not constitute new policy. Rather it sets out the operational plan to give effect to existing policies.
Non-interest expenditure will increase by 9 per cent a year, or about 2 per cent a year in real terms, over the three-year MTEF period.
The Statement also makes clear that budget-making is a difficult business.
You will find reference here to many of the new initiatives of Government that have put upward pressure on national and provincial budgets since 1994.
We are building a new democracy and new institutions of democratic accountability.
We are investing in economic infrastructure and broadening participation in the economy.
We are strengthening education and training.
The criminal justice system is undergoing a comprehensive overhaul.
Developmental welfare services, social security reform and better targeted poverty relief programmes are amongst our priorities.
We are committed to building a district-based primary health system and to rehabilitating historically neglected hospitals.
These are not commitments that can be met without some hardship. We have cut spending back severely in areas like Defence. We have withdrawn or reduced subsidies to historically advantaged welfare services, hospitals, schools and colleges. We have eliminated or restructured subsidies to business and commercial agriculture.
This transformation of public services will continue. Its purpose is to ensure that the needs of the poor are properly served, that our social services are equitably financed, that our administrative structures are efficient and effective.
The Budget Statement makes clear that responsibility for this transformation challenge is shared collectively within Government. Parliament will be invited to debate the medium term expenditure plans , and to solicit inputs from NEDLAC and from all of civil society.
The Budget Statement also sets out the shared responsibilities of distinct spheres of government: national, provincial and local. This has been a testing year for our new institutions of cooperative governance. In many municipalities, budgets are under review. Several provincial budgets have come under pressure in recent months. My colleagues in Cabinet and in provincial Executive Councils have faced tough choices in this budget process, and we know that there are formidable challenges ahead of us.
Key programmes, in education, health, welfare, in safety and security, and throughout the public service, require reprioritisation, improved financial management and more efficient service delivery, if our shared goals are to be realised.
Government releases today a Statement that shares this challenge with our partners.
The Freedom Charter promised that "The People shall Govern!" That remains a radical call to arms. To govern is not to elect a Government every five years. It is to have a real voice in the direction we take. In order to Govern, the people must choose.
The nation's Budget will define our ambitions and our priorities. The Government must share with the nation an understanding of our collective goals, and the constraints we face. For the people to govern, they must first be informed and empowered to make real choices. Today's Medium Term Budget Policy Statement is a significant step in ensuring that it is the people who govern the new South Africa.
<fn>GOV-ZA.1997BathoEn.2012-02-10.en.txt</fn>
White Paper is hereby published by the Department of Public Service and Administration.
White Paper is to provide a policy framework and a practical implementation strategy for the transformation of Public Service Delivery.
When I was elected to office, I knew that one of Government's most important tasks is to build a public service capable of meeting the challenge of improving the of public services the citizens of South Africa. Access to decent public services is no longer a privilege to be enjoyed by a few; it is now the rightful expectation of all citizens, especially those previously disadvantaged. This is why the guiding principle of public service transformation and reform is "service to the peopIe". The transformation of our Public Service is judged, rightly, by the practical difference people see in their everyday lives. That is why I am launchingwant to turn words into action. I want the needs of our people to come first and be satisfied. I want people to view and experience the Public Service in an entirely new way.
To make sure that these Principles are put swiftly into practice, I am asking every national and provincial department to undertake a number of actions. Firstly, am asking them to identify the small but important improvements in their service delivery processes which can be immediately attended to and implemented. These include the speeding up of response times for answering letters and telephone calls or the introduction of departmental courtesy campaigns.
I am also expecting departments to publish by the end of 1998, standards for the services they provide and to monitor results thereof. Reports will be made public on how well departments have performed against set standards.
In future, users of public services are to be consulted about their needs and priorities. More accessible and responsive arrangements are to be developed to enable individual members of the public to get something done if standards are not met. Public servants are expected to treat all citizens with courtesy, respect and dignity. Departmental codes of will be developed and training will follow to ensure that this happens. However, this will not be sufficient by itself. Standards of service cannot be raised overnight. We must live within the resources the nation can afford. That is why a key part of Batho is a relentless search for increased efficiency and the reduction of wastage within the Public Service. Every Rand wasted in cumbersome, inefficient processes, in delays and duplication, is money which could be invested in improving services. The aim is to progressively raise standards of service, especially for those whose access to public services have been limited in the past and whose needs are greatest.
presents public servants with a great challenge, but I know that many dedicated public servants at every as an opportunity to provide their fellow citizens with public services that make them proud.
welcome the challenge.
I wish to personally thank every organisation and/ or individual who contributed to the development of this White Paper. Your valuable inputs have contributed to what I and many others believe to be a highly readable and implementable White Paper.
FOREWORD <BR>5 1. <BR>INTRODUCTION 11 1.1 Purpose 11 1.2 <BR>Background 12 1.3. <BR>The people must come first: the 'customer' concept 15 2. <BR>SCOPE OF THIS WHITE PAPER 16 3.
4.1 <BR>Consulting users of services 18 4.2 <BR>Setting Service Standards 18 4.3 <BR>Increasing Access 20 4.4 <BR>Ensuring courtesy 20 4.5 <BR>Providing more and better information 21 4.6 <BR>Increasing openness and transparency 22 4.7 <BR>Remedying mistakes and failures 22 4.8 <BR>Getting the best possible value for money 24 5. <BR>ENCOURAGING INNOVATION, REWARDING EXCELLENCE 25 6. <BR>PARTNERSHIP WITH THE WIDER COMMUNITY 25 7. <BR>MAKING IT HAPPEN 26 7.1 <BR>Institutional mechanisms 26 7.
1.1,1 The White Paper on the Transformation of the Public Service (WPTPS), published on 24 November 1995, sets out eight transformation priorities, amongst which Transforming Service Delivery is the key.
South African citizens. Improving service delivery is therefore the ultimate goal of the public service transformation programme.
The purpose of this White Paper is' to provide a policy framework and a practical implementation strategy for the transformation of public service delivery. This White Paper is primarily about public services are provided, and specifically about improving the efficiency and effectiveness of the way in which services are delivered. It is not about what services are to be provided -their volume, level and quality which is a matter for Ministers, Members of the Executive Councils other executing authorities and the duly appointed heads of government institutions. However, their decisions about what should be delivered will be improved as a result of the approach, for example through systematic consultation with users information about whether standards of service are being met in practice.
10 No. 18340 1 1997 1.
Public services are not a privilege in a civilised and democratic society: they are a legitimate expectation.
It is also the reason why the Government's macro-economic strategy called Growth, Employment and Redistribution (GEAR) calls, among other things, for the reduction in unnecessary government consumption and the release of resources for productive investment and their redirection to areas of greatest need. This means that government institutions must be reoriented to optimise access to their services by all citizens, within the context of fiscal constraints and the fulfillment of competing needs.
the public be encouraged to participate in policy-making; and it be accountable, transparent and development-oriented.
The Constitution, through the Bill of Rights, also give citizens certain rights to take action against the state if they believe their constitutional rights have been infringed, and to have access to information held by the state which they need in order to be able to do SO.
In line with these Constitutional principles, the calls on all national and provincial departments to make service delivery a priority, The WPTPS also provides a framework to enable national and provincial departments to develop departmental service delivery strategies. These strategies will need to promote continuous improvements in the quantity, quality and equity of service provision.
1 1997 18340 11 potential partnerships with the private sector, non-governmental organisations and community-based organisations which will provide more effective forms of service delivery; and the development, particularly training, of a culture of customer care and of 'approaches to service delivery that are sensitive to issues of race, gender and disability.
The WPTPS specifies, further, that in order to ensure that service delivery is constantly improved, national and provincial departments will be required to outline their specific short, medium and long term goals for service provision. They will also be required to provide annual and five yearly targets for the delivery of specific services, and will be required to report to their respective national and provincial legislatures on their achievements.
Improving the delivery of public services' means redressing the imbalances of the past and, while maintaining continuity of service to all levels of society, focusing on meeting the needs of the of South Africans who are living below the poverty line and those, as the disabled, and black women living in rural areas, who have previously been disadvantaged in terms of service delivery.
Improving service delivery also calls for a shift away from inward-looking, bureaucratic systems, processes and attitudes, and a search for new ways of working which put the needs of the public first, is better, faster and more responsive to the citizens' needs. It also means a complete change in the way that services are delivered. The objectives of service delivery therefore include welfare, equity and efficiency.
The introduction of a service delivery improvement programme cannot be achieved in isolation from other fundamental management changes within the service. It must be part of a fundamental shift of culture whereby public servants see themselves first and foremost as servants of the citizens of South Africa, and where the Public Service is managed with service to the public as its primary goal. Improved service delivery cannot only be implemented by issuing circulars. It is not only about books and 'prescripts', because it is not simply an 'administrative' activity. It is a dynamic process out of which a completely new relationship is developed between the public service and its individual clients. To implement a service delivery programme successfully, public service managers require new management tools.
These 'tools' are, broadly, the tools of the 'new public service management'.
transparency about the results achieved and resources consumed.
These ideas are not strange to South Africa -they are enshrined in the WPTPS. However, the Public Service is generally still quite a long way from implementing them. The Public Service is currently perceived as being characterized by, for example, inequitable distribution of public services, especially in rural areas, lack of access services, lack of transparency and openness and on the required service standards, lack of accurate and simple information on services and standards at which they are rendered, lack of responsiveness and insensitiveness towards citizens' complaints, and discourteous staff. These perceptions, which are frequently reflected in media reporting of Public Service activities, are also shared by many public servants themselves, as was confirmed during the consultation process which preceded the preparation of this White Paper and the WPTPS.
are focused on inputs than on outcomes;.
they encourage inward-looking, inflexible attitudes which are at odds with the vision of a public service whose highest aim is service to the people.
Many of these outdated systems and practices are now being tackled, and the next few years will see major reforms, for example, in budgeting and human resource management, which delegate to national and provincial departments substantial authority and accountability for service delivery, as well as greater flexibility to manage their operations in line with their developmental objectives.
It might be argued that internal management reforms should be completed before attempting to introduce a service delivery improvement programme. However, this argument ignores the fact that improved service delivery is a matter. of extreme urgency for South Africa, and there is no choice but to tackle both internal management and service delivery reform simultaneously. It also to recognise that the cultural and managerial reforms which are required are of an ongoing nature, which be achieved more speedily and effectively by prioritizing service delivery. Service delivery should not be seen as the final item of the Public Service transformation programme, but an integral part of it, and a catalyst for many of the management reforms that are being sought.
Public Service Delivery therefore, urgently seeks to introduce a fresh approach to service ivery: an approach which puts pressure on systems, procedures, attitudes and behaviour within the Public Service and reorients them in the customer's favour, an approach which puts the people first. This does not mean introducing more rules and centralised processes or micro-managing service delivery activities. Rather, it involves creating a framework for the delivery of public services which treats citizens more like customers and enables the citizens to hold public servants to account for the service they receive.
STAATSKOERANT, 1 1997 No. 18340 13 the energy and commitment of public servants to introduce more customer-focused ways of working.
(a adage meaning 'People First '), The policy framework consists of eight service delivery principles, set out in paragraph 3 below, derived from the policy goals set out in Chapter 11 of the WPTPS.
1,3.1 In a genuinely competitive commercial market, private companies cannot afford to ignore the needs and wishes of their customers if they want to stay in business, because dissatisfied customers can choose to take their business elsewhere. Knowing what the customer wants and providing it quicker, better and cheaper than your competitors, is essential to business success. As competitive companies worldwide soon discover, 'the customer comes first' is not an empty slogan but a fundamental business principle.
1,3.2 By contrast citizens, as the 'customers' of public services, cannot choose to take their business elsewhere. For example, any South African who wants a passport has no alternative but to apply to the Department of Home Affairs, Many public services are not paid for directly by individual 'customers', and national and departments which fail to satisfy their 'customers' do not go out of business. Moreover, many public services, such as revenue collection or the imposition of law and order are not 'services' but are regulatory in function. They are accepted by citizens as essential safeguards of a civilised society in which the vulnerable are protected and all citizens have equal opportunity for economic and social development.
The concept of the citizen as a 'customer' may therefore seem inappropriate at first sight. 'Customer' is nevertheless a useful term in the context of improving service delivery because it embraces certain principles which are as fundamental to public service delivery as they are to the provision of services for commercial gain.
sure that the promised level and quality of service is always of the highest standard; and responding swiftly and sympathetically when standards of service fall below the promised standard.
The term 'customer' will therefore be useful in taking forward the initiative and is used interchangeably with the term citizen throughout this White Paper. But it is not only the public who are 'customers', National and provincial departments have many internal customers such as components and staff within their own organisations, as well as other departments and institutions for whom they provide a service. The initiative applies equally to these internal customers. The terms citizen and customer used throughout this White Paper refer both to internal and external customers.
Measured against the 'customer' yardstick, the South African public sector has a long way to go. In many instances, there are no clearly defined standards by which to measure the delivery of services.' Individual citizens find that complaining about services often has little effect and can in any case be a daunting and time-consuming process. Lack of information and complex regulations are also barriers to good service.
too often it is left to the citizen to work out for him- or herself what services are available, and what he or she is entitled to. Too many government forms are complicated and not designed with the user in mind. Too many letters are written in a stilted, impersonal style which is off-putting to the person who receives it.
1,3.6 Many public servants, especially those who serve the public directly, are only too conscious of all this, because they have to face the public's frustrations every day in their work. They would often like to see improvements and often have good ideas for what be done, but they are bound by systems and practices which they believe they are helpless to change.
Against the above introduction, this White Paper sets out a practical agenda for transforming the delivery of public services. This White Paper is directly applicable to those parts of the public sector, both national and provincial, which are regulated by the Public Service Act, 1994. However, it is relevant' to areas and employees of the public sector regulated by other legislation, such as government and teachers in education departments, as well as the South African Police Service, South African National Defence Force and the Intelligence Services. In line with the Constitutional principle of co-operative government, particularly as regards promoting a coherent government, it is expected, therefore, that all sectors of public administration will agree to follow the principles set out in this White Paper.
Eight principles for transforming public service delivery -the have been identified. These are expressed in broad terms in order to enable national and provincial departments to apply them in accordance with their own needs and circumstances.
STAATSKOERANT, 1 1997 No. 18340 15 4.
Putting the Principles of Batho Pele into practice is the challenge now facing the South African public sector, The following paragraphs describe what national and provincial departments required to do, but they should also be regarded as guidance by levels of Government and the wider public sector when introducing their service delivery improvement programmed. Text in italics indicates a mandatory requirement on national and provincial departments; the remainder of the as guidance.
16 No. 18340 GOVERNMENT 1 OCTOBER 1997 4.1.1 national and provincial departments must, regularly and systematically, 'consult not only about the services currently provided but also about the provision of new basic services to those who lack them. Consultation will give citizens the opportunity of influencing decisions about public services, by providing objective evidence which will determine service delivery priorities. Consultation can also help to foster a more participative and co-operative relationship between the providers and users of public services.
There are many ways to consult users of services, including customer surveys, interviews with individual users, consultation groups, and meetings with consumer representative bodies, NGOS and including bodies representing previously disadvantaged groups. The method or methods adopted must be chosen to suit the characteristics of the users and consumers concerned. Whatever method is chosen, consultation must cover the entire range of existing and potential customers.
is that should include the views of those who have previously been denied access to public services. Particular effort must be made to include the views of those who have been previously disadvantaged or who, due to geography, language barriers, fear of authority or any other reason, have previously found it hard to make their voices heard. The consultation, process should be undertaken sensitively; for example, people should not be asked to reveal unnecessary personal information, and they should be able to give their views anonymously if they wish. Often, more than one method of consultation will be needed to ensure comprehensiveness and representativeness.
The results of the consultation process must be reported to the relevant Minister/ and the relevant Portfolio and made public, for example through the media. The results should also be widely publicised within the organisation so that all staff are aware of how their services are perceived. The results must then be taken into account when decisions are made about what services are to be provided, and at what level. Consultation must be conducted intelligently. It should not result in a list of demands that raise unrealistic expectations; rather, it should reveal where resources and effort should be focused in future to meet the public's most pressing needs. The outcome should be a, balance between what citizens want and what national and provincial departments can realistically afford and have the resources and capacity to deliver.
National and provincial departments must publish standards for the and quality of services they will provide, including the introduction of new services to those who have previously been denied access to them. In the case of certain services, such as health, or education, national departments, in consultation with provincial departments, may set standards which will serve as national baseline standards.
1 1997 18340 17 minimum norms for their institutions and components. These internal institutions and components may also set additional service standards for aspects not covered by norms. Service Standards must be relevant and meaningful to the means that they must, cover the aspects of service which matter revealed by the consultation process, and they must be expressed in terms which are relevant and easily understood. Standards must also be precise and measurable, so, that users can judge for themselves whether or not they are receiving what was promised.
Some standards will cover process, such as the length of time taken to authorise a housing claim, to issue a passport or identity document, or to answer letters. Other standards will be about outcomes. In the health area, for example, standards might be set for the maximum time a patient should have to wait at a primary health care clinic, or for a non-urgent operation; or for the information they are entitled to receive about their treatment,. and about who is responsible for. their case.
Standards must be set at a which is demanding but realistic.
South Africa's current level of development.
other executing authorities -who are accountable to the legislature for implementing Government policies and for the proper use of public money. Service Standards must therefore have the approval of the Minister/MEC/ executing authority before they are adopted. This need not require Ministers/personally involved in the detail ofnormally be conducted by presenting the Minister/ MEC/ executing authority with the results of the consultation exercise, and proposing for his or her approval, the key standards to be set in priority areas together with a strategic plan for achieving them.
Once approved, Service Standards must be and at the point of and communicated as widely as possible to potential users so that they what of they are entitled to expect, and can complain if they do not receive it. Publishing standards is not enough, however. Performance standards must be regularly measured and the results published at least once a year, and more frequently where appropriate. These steps form an essential mechanism to enable the public to hold national and provincial departments to account for their performance. They are also essential to track improvements in services from year to year, and to inform subsequent decisions about the levels to which standards should be raised in future.
Performance against standards must be reviewed and, as standards are met, so they should be progressively raised, year on year. Once set and published standards may not be reduced.
a standard is not met, reasons must be and a ne w target date set for when it will be achieved.
While some South Africans enjoy public services of first world quality, many others live in third world conditions. One of the prime aims of is to provide a framework for making decisions about delivering public services to the many South Africans who were and still are denied access to them, within the parameters of the Government's GEAR strategy.
also aims to: rectif y the inequalities of distribution in existing services, national and provincial departments are required to and set targets for progressively increasing access to their services for who have not previously received them.
One significant factor affecting access is geography, Many people who live in remote areas have to travel long distances avail themselves of public services.
drawing up their delivery programmed, national and provincial departments must develop strategies to eliminate the disadvantages of distance; for example, by setting up mobile units, and redeploying facilities and resources closer to those in greatest need. Another significant factor is the lack of infrastructure, which exacerbates the difficulties of communication with and travel to remote areas. There are other barriers to access -social, cultural, communication and attitudinal, for example - which need to be taken into account. Service delivery programmed should therefore address the need to progressively redress the disadvantages of all barriers to access.
The concept of goes much wider than asking public servants to give a polite smile and to say 'please' and 'thank you', though these are certainly required. The Code of Conduct for Public Servants issued by the Public Service Commission, makes it clear that courtesy and regard for the public is one of the fundamental duties of public servants, by specifying that public servants treat members of the public "as customers who are entitled to receive the highest standards of service". Many public servants do this instinctively; they joined the public service precisely because they have a genuine desire to serve the public. The Principles of Batho require that the of all servants is raised to the level of the best.
National departments must the standards for the way in which customers should be treated. These are to be included in their departmental Codes of Conduct.
, gender; and language.
The performance of staff who deal with customers must be regularly monitored, and performance which standards not be tolerated.
Service delivery and customer care must be included in all future training programmed, and additional training should be given to all those who deal with the public, whether face-to-face, in or on the telephone. This not require the injection of amounts of additional resources: it is more a case of reorienting existing training courses to focus on service delivery. Of equal importance to formal training, is the example set by senior managers, and the day-today guidance of immediate supervisors.
Junior staff quickly pick up the unspoken messages about an organisation's values from the way their seniors behave.
An important aspect of encouraging customer-focused is to provide staff with opportunities to suggest ways of improving service and for senior managers to take these suggestions seriously. This applies particularly to staff who come into regular contact with the public because they usually have an accurate appreciation of their needs and concerns, managers ensure they receive first-hand feedback from front-line and should visit front-line at regular intervals to see for themselves what is happening.
Information is one of the most powerful tools at the customer's disposal in exercising his or her right to good service. National and provincial departments must provide accurate and up-to-date information about they provide, and who is entitled to them. This must be done actively, in order to ensure that information is received by all those who need it, especially those who have previously been excluded from the provision of public services. The consultation process also be used to find out what customers and potential customers need to know, and then to work out how, where and when the information can best be provided.
will require a complete transformation of communication provided in a variety of media and languages to customers. This is essential to ensure the inclusion of those who are, or have previously been disadvantaged by physical disability, language, race, gender, geographical distance or in any other way. Written information should be plain and free of jargon, and supported by graphical material where this will make it easier to understand. There should be a name and contact number for obtaining further information and advice. All written information should be tested on the target audience for readability and comprehensiveness. However, should not be assumed that written information alone will suffice: many people to receive information verbally, so that they can ask questions and check their understanding.
As a minimum, information about services should available at the point of delivery, but for users who are far from the point of delivery, other 'arrangements will be needed, Schools, 'libraries, clinics, and local and CBOS are all potential distribution points; information notices on trees in rural areas, and toll-free telephone helplines, in a variety of languages, where needed, can be extremely effective.
Openness and transparency are the hallmarks democratic. government and are fundamental to the public service transformation process.
In terms of public service delivery, their importance lies in need to build confidence and.
These Reports to Citizens are not's substitute for national and provincial departments' formal annual reports. Their aim is, in one or two pages of straightforward language, to provide the public with key information which they, are entitled to know. Reports to Citizens be publicised as widely as possible and should also be submitted to and provincial legislatures order to assist the relevant Committees in scrutinizing and departmental activities. A model report is at Annexure A.
' department or institution to meet with all levels of officials to discuss service delivery issues, standards, problems, etc.
The capacity and willingness to take' action when things wrong the necessary counterpart of standard setting process.
997 No. 18340 21 principle.
maladminstration and impropriety by government departments. However, such institutions should be seen as a last resort by citizens after exhausting departmental remedies, and are not a substitute for swift, effective action by service deliverers when services are falling below the promised standard.
The Batho principle of Redress requires a completely new approach to handling complaints.
, irritation. Where complaints procedures , exist, they are often lengthy and bureaucratic, aimed at defending the department's actions rather than solving the user's problem. Many departments have no procedures for regularly reviewing complaints in order to identify systemic problems. Indeed many organisations do not collect any statistics about the number and type of complaints they receive. Often, 'complaints' are counted as such only when they are submitted in writing through the formal channels. Yet many members of the public do not bother using these channels because they have no confidence in their effectiveness, and because they find the process time-consuming and sometimes daunting. As a result, public sector organisations frequently underestimate the of dissatisfaction which exists.
The first steps, therefore, are to, acknowledge that all dissatisfaction, expressed in writing or verbally, is an indication that the citizen does not consider that the promised standard of service is being delivered; and then to establish ways of measuring expressions of dissatisfaction. Staff should be encouraged to welcome complaints as an opportunity to improve service, and to report complaints so that weaknesses can be identified and remedied. The head of each department should may be convenient for the organisation but can be off-putting to many customers. Complaints made in other ways, such as face-to-face, or by telephone, should therefore also be welcomed.
Speed.
The longer it takes to respond to a complaint, the more dissatisfied customers will become. An immediate and genuine apology together with a full explanation will often be all that they want. Where delay is unavoidable, the complainant should be kept informed of progress and told when an outcome can be expected.
Complaints should be fully and impartially investigated. Many people will be nervous of complaining to a senior official about a member of their staff, or about some aspect of the system for which the official is responsible. Wherever possible, therefore, an independent avenue should be offered if the complainant is dissatisfied with the response they receive the first time round.
The complainant's confidentiality should be protected, so that they are not deterred from making complaints by feeling that they will be treated less sympathetically in future.
The response to a complaint, however trivial, should take full account of the individual's concerns and feelings. Where a mistake has been made, or the service has fallen below the promised standard, the response should be immediate, starting with an apology and a full explanation; an assurance that the occurrence will not be repeated; and then whatever remedial action is necessary, Wherever possible, staff who deal with the public directly should be empowered to take action themselves to put things right.
Complaints systems should incorporate mechanisms for review and for feeding back suggestions for change to those who are responsible for providing the service, so that 'and failures do not recur.
Complaints handling procedures should be publicised throughout the organisation and training given to all staff so that they know what action to take when a complaint is received.
4,8.1 Improving service delivery, and extending access to public services to all South Africans must be achieved alongside the Government's GEAR strategy for reducing public expenditure and creating a more cost-effective public service. The initiative must be delivered within departmental resource allocations, and the rate at which services are improved will therefore be significantly affected by the speed with which national and provincial departments achieve efficiency savings which can be back into improved services. Many improvements that the public would like to see often require no additional resources and can sometimes even reduce costs. A courteous and respectful greeting requires no financial investment. Failure to give a member of the public a simple, satisfactory explanation to an enquiry may result in an incorrectly completed application form which will cost time and money to put right. A few hours each month of a senior manager's time spent talking to their customers -and the staff who serve them -may be worth hundreds of rands in research fees.
One of the key aims of will therefore be to search for ways to simplify procedures and eliminate waste and inefficiency. All national and provincial departments will be required, as part of their service delivery improvement programmed, to areas where efficiency savings will be sought, and the service delivery improvements which result from achieving the savings.
5.1 It is not only the public who would like to see public services improve. Many dedicated public servants, particularly those who serve the public directly, are frustrated by and procedures which are often a barrier to good service rather than a support for is essential to the success of that the commitment, energy and skills of public servants are harnessed to tackle inefficient, outdated and bureaucratic practices, to complex procedures, and to new and better ways of delivering services.
is also important that the of staff- both individuals and groups -who perform in providing customer be recognised and appropriately rewarded. In considering the transformation of the existing awards systems in the Public Service, the Department of Public Service and Administration (DPSA) will give due regard to the need for recognizing and rewarding such efforts.
This will for staff who serve the public directly, but it is also important for staff who provide services directly to their fellow public servants whether in their own or other departments. A key indicator will be how they rate in their dealings with their customers in accordance with the behaviour code of the department.
5.3 National and provincial departments must also ensure that a conducive environment for the delivery of services is created to enhance their capacity to good , services. This means, for example, that staff dealing with the public directly should be given the necessary support and tools to carry out their functions effectively and efficiently.
6.1 Improving public service delivery matters not only to the individual users of services, but also to the whole community. Improved delivery of service from national and provincial departments, as well as from institutions such as hospitals and tax offices, is essential for the future economic prosperity and social development of the country as set out in the Government's GEAR strategy. However, the Public Service cannot develop a truly service-oriented culture without the active participation of the wider community, including the private sector and citizens themselves.
6.2 Batho will therefore seek to establish partnerships with the wider community in which business and industry, academic institutions and other bodies throughout the community can play a part.
Service Standards or a telephone helpline, or they might sponsor a customer survey in a variety of official languages. They could also offer secondments and exchanges to public servants to broaden their experience. NGOS and CBOS could help to spread information about what services are available and where to obtain them.
7.1 7.1.1 7.1.3 to simplify procedures and regulations. Academic institutions might be willing to conduct comparative studies on international best practice in public service improvement.
These are only a few examples of possible areas of involvement. There are many more potential areas of co-operation. These need to be creatively explored by national and provincial departments. As part of their consultation exercises, national and provincial departments must involve representatives of the wider community in discussions about the future development of public services.
They should also forge partnerships with business, NGOS, CBOS and other stakeholders to encourage them to participate in service improvement initiatives.
National provincial departments are expected to start work on their service delivery campaigns immediately after approval of this White Paper. Transformation units in national and provincial departments will have a key role to play in helping to support national and provincial departments' efforts to improve service delivery, by feeding in fresh ideas for improvements and identifying areas where existing systems are a stumbling block to better service. They will also monitor the results of their department's service delivery improvement programme and offer suggestions for making more rapid and effective progress. At national and provincial the various transformation co-ordinating committees will be valuable as focal points for sharing experience and best practice, and ensuring that momentum is maintained right across the Public Service.
However, ultimate responsibility for implementation rests firmly with the political and administrative heads of departments who should, as a first step, make the necessary institutional arrangements to ensure that the concept is communicated throughout their department, and to draw up and drive forward a Service Delivery Improvement Programme which must be integrated with the other departmental transformation priorities within the department's strategic plan. Responsibility for this should be clearly assigned to a person or group of people, accountable directly to the administrative head of department.
STAATSKOERANT, 1 1997 deliver the promised standard to individual 'customers'; and , the financial management systems which will collect data on the unit costs of key services, in order to provide information for standard and priority setting in subsequent years.
DPSA, Portfolio Committees, the national and provincial and inter-provincial transformation committees, and departmental transformation units; and provide the basis for the eventual published document setting out the organisation's service standards and other service delivery goals and commitments.
A model format for the Service Delivery Improvement Programme is at Annexure A.
A copy of the approved Service Delivery Improvement Programme must be sent to the DPSA to inform the DPSA's yearly progress report to Parliament. Once approved, the head of the department will be held accountable for its implementation, and his or her performance may be assessed on among other things whether the promised improvements in service delivery have been met.
The requirement to produce a departmental Service Delivery Improvement Programme does not mean, however, that the implementation of cannot begin until the Programme has been completed. There may be many actions which, for example, individual components within departments can take immediately to improve the services they provide, such as speeding up response times for answering letters and telephone calls, or introducing a courtesy campaign.
Improving service delivery is a continuous, progressive process, not a once-for-all task. As standards are raised, so higher targets must be set.
The starting point is to establish who the recipients of service are. This is not as straightforward as it may appear, since many public services have a variety of customers, whose requirements do not necessarily coincide. As well as recipients of service, such as the public, external organisations, other departments and other components within the department, there will be indirect 'customers' whose needs must be taken into account. Taxpayers, for example, are customers, because gives them a right to expect that services will be provided cost-effectively. A thorough analysis will be required to establish who the customers are, and their relative priority in determining levels of service.
The customer's needs and priorities will be the starting point for the setting of standards. Since delivering on standards will involve decisions about resources, it is essential to have accurate information about what customers really want, This will require systematic, regular consultation, using objective which ensure that the views of customers, including potential customers, are represented. Particular care must be taken to seek out the views of those who have previously been denied access to services, and those who may find it difficult to speak up for themselves. More than one method will almost certainly be needed. For example, written questionnaires are unlikely to elicit helpful responses from people whose standard of literacy is not very high; and some members of the public may feel intimidated from expressing their true opinions if asked questions by government officials.
Accurate information about the current level and quality of service is essential in order to decide where and how to make improvements. How long does the average customer in a public office have to wait before being attended to How long does it take to reply to letters or telephone enquiries How long does it take to process applications, permits etc. Is information to customers provided in language which they can easily understand What resources are consumed in delivering a particular service A thorough scrutiny of organisational arrangements, processes and practices involved in delivering the services provided as well as the motivation and of staff will be required to establish the current baseline?
The 'improvement gap' is the gap between what customers want, and the and quality of service currently provided. Closing this gap is the prime aim of service delivery improvement Accurate identification of customers' needs, and of the current service baseline will enable targets to be set for improvement in a systematic, prioritised way, taking into account the availability of resources.
Once the 'improvement gap' has been identified, standards can be set, and progressively raised for closing the gap. Service standards are commitments to provide a specified level and quality of service to individual customers at any given point in time. Standards are different from targets, which express longer-term aims for the ultimate level and quality of service to be achieved. Service standards must cover customers' main requirements, e.g. accessibility of services, response times, turnaround times, accuracy, courtesy, the provision of information, and dealing with complaints.
Ensuring that service standards are met is not solely the responsibility of those directly involved in delivering the service, but depends on the whole organisation being up to support the commitments that have been made.
other executing authority should set out how standards of service will be improved, and how the organisation will be geared up to deliver them. For example, monitoring and reporting systems will be needed which enable senior management to check on progress, and take remedial action where necessary. Management information systems will be required to provide data on the unit costs of key services. Human resource training, supervision and appraisal systems will need to be refocused on service delivery; and senior management must ensure that human and financial resources are shifted from inefficient and unnecessary activities and used instead to ensure that delivery of service standards can be met. In short, implementing a service delivery improvement programme is likely to involve significant changes in the organisation and management of the department. Managers at all levels, starting at the top, should be held to account for ensuring that these changes are made.
When the foregoing steps have been taken, the organisation will be ready to announce its service standards and launch its service delivery There is no single right method for publishing standards: the key is that all customers and potential customers must know and understand what and quality of service they can expect to receive, and what recourse they have if the standard is not met. The method or methods adopted - more than one will usually be needed - must be tailored to the needs of different customers.
The final step is to check whether services have met the standards that were set, to announce the results to customers, and to explain the reasons where the service has fallen short of what was promised. These results not only complete the accountability loop, but will provide valuable insights to guide further efforts to improve services in the future.
8.1 National and provincial departments are required publish Service Standards in a Statement of Public Service Commitment.
8.2 Statements of Public Service Commitment should be short, simple and easy to understand. They be published in relevant languages. Strenuous efforts should be made to ensure that all users and potential users of public services are aware of the Statements, which are an essential tool to enable citizens to demand services in accordance with the Principles of Batho In widely spread rural areas, for example, radio and local community should be encouraged to publicise the Statements.
Three pilot departments -the national Department of Health, the Department of Home Affairs, and the North-West provincial departments of government & housing, health & developmental social welfare, finance & economic affairs, transport & civil aviation, and safety security - have already embarked on service improvement programmed and should be ready to launch their service standards by the end of 1997. The purpose of the pilots is to demonstrate how the principles of public service delivery can work in practice; and thereby to create 'working from which other departments can learn. The implementation strategy outlined in paragraph 7 of this White Paper has been developed on the basis of the lessons learned from the three departments.
Service transformation policy and, within that, for improving service delivery, has prepared a communications pack to assist national and provincial departments to disseminate the concept and the contents of this White Paper to staff at all levels.
Xitsonga and Afrikaans. These translated white papers can also be obtained from the Government Printer.
provide leadership and expertise on an ongoing basis to guide and support national and provincial departments' implementation programmed, and to assist in capacity building.
team will ensure that key line and staff officials within departments are assisted to develop expertise and share good practice.
work in conjunction with the Public Service Commission to ensure that departments' progress in implementing systematically monitored. The DPSA will also evaluate the overall effectiveness of the initiative and submit regular reports to Parliament.
12,1 National and provincial departments are required to begin implementing this White Paper with the aim of publishing their-first Statements of Public Service Commitment during 1998. However, the process of implementation will vary from department to department across the Public Service according to local conditions and capacities. Some departments may need to start with small, individual steps and build up gradually as experience develops, while other departments may be able to introduce a comprehensive programme from the outset.
12,2 Improving public service delivery is not a one-off exercise. It is an ongoing and dynamic process, because as standards are met, they must be progressively raised. This document marks only the first stage that process. There is a great deal to do, and progress will sometimes be frustratingly slow; but the task is one of the most worthwhile and rewarding that the public service faces, and the need is urgent, so there is no time to lose. It is a process that must involve every public servant, at every level, in every department, whether they work behind the scenes or directly the public.
12.3 has the potential to bring about a major change in the way that public services are delivered. This White Paper marks the start of a continuous process of improvement which will lead in time to public services that the public have a right to expect and that public servants are proud to provide.
No. 18340 GOVERNMENT 1 OCTOBER 1997 and reform, when public servants are facing constant changes and sometimes confusing challenges, reminds them that their main goal, their prime motivation, their most important task is service to their customers. The Batho message is that the customer comes first, last and all the time.
does not promise the impossible. It asks public servants to commit themselves to the limits of what is possible; and then to push on to next goal.
initiative is to achieve its aims, public servants at every level, from the very top to the most junior, must understand it and support it. Batho must become the watchword of the new South African public service.
We are the Department of . . . . ..
He/she is an elected politician. He/she is responsible for directing the Department's activities in line with the [national] [provincial] Government's policies.
[other executing authority's] policies efficiently and effectively.
Our service standards are set in consultation with our customers.
Standard Results achieved ..
32 No.
We employ [XX] staff located in/at [list and numbers employed at each] Additional information, e.g.
Our budget was [RXXX] [last year].
STAATSKOERANT, 1 1997 34 No.
STAATSKOERANT, 1 1997 36 No.
No. Page Gazette No.
1459 White Paper on Transforming Public Service White Paper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Street, Private Bag X85, Pretoria, 0001.
X85, Pretoria, 0001. Tel.
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Vol. 2 No.
Mr J J Gauntlett SC has been appointed to the Lesotho Court of Appeal by King Letsie III. He has also been elected to an honorary professorship in law by the University of Stellenbosch and as the Chairperson of the Cape Bar. Mr Gauntlett is congratulated on the well deserved recognition from diverse spheres of his professional excellence.
It is widely acknowledged that South Africa's maintenance system is in disarray. Complaints range from the treatment, attitudes and facilities encountered at maintenance courts to the seeming impunity with which persons manage to evade their legal duty to maintain their dependants.
The Commission published an issue paper on the review of the maintenance system during March 1997. The aim of the issue paper is to elicit comments on the issues pertaining to the maintenance system and to use these comments to assist the Commission in identifying the most suitable options for reform.
The issues discussed in the paper range from topics such as the shortage of human resources to the orders made by maintenance courts and their enforcement. The paper also deals with the question whether the judicial system, and especially the criminal law, is the correct vehicle for the implementation of the duty to support one's dependants. In respect of each of these issues the Commission explores certain options for reform. These include the introduction of administrative procedures to effect and enforce maintenance payments, the separation of the offices of public prosecutor and maintenance officer and the enhancement of judicial procedures to execute maintenance orders.
The breakdown of the maintenance system results in an increased reliance on welfare payments which are funded with taxpayers' money. This places a strain on the welfare resources of South Africa and affects South African society as a whole. The Commission is therefore of the view that all options for reform should be debated as thoroughly and as widely as possible.
The issue paper was published in February 1997 as part of the Commission's comprehensive review of the Criminal Procedure Act, 1977, and it follows the publication of an interim report which addressed the issue of delays in the finalisation of criminal cases.
The South African criminal justice system is experiencing a legitimacy crisis, the essence of which lies in the superimposition of a foreign legal system with its concomitant western legal postulations upon those of Africa. Over the years a legal order was created which primarily suited the needs of only a part of our population. The imposition of apartheid laws and their enforcement alienated a large section of our population from the formal legal system. The enforcement of these policies, the limited presence of formal legal structures in the townships, inadequate infrastructure to properly facilitate the investigation of crimes and their successful prosecution contributed to the lack of confidence in the police and the courts as sources of protection. Culturally alienating court procedures, exclusion from participation in the criminal justice system and inaccessibility to legal representation further contributed to the perceived illegitimacy of the criminal justice system. This investigation presents an opportunity to rethink the illegitimacy of the system and to address the prejudices of the past.
The issue paper explores possibilities to improve access to the criminal justice system. Several options to improve access to criminal courts and to restore legitimacy to the criminal justice system are offered. These include improvements to the structure, jurisdiction and availability of criminal courts; physical access to court buildings; equality of access; the promotion of community participation in the criminal justice process through the introduction of the jury system; the extension of the use of assessors in criminal cases, the establishment of community courts and the introduction of courts of petty sessions.
The paper also invites proposals for the improvement of the efficiency of the criminal justice system including proposals for the improvement of control over the administration of the criminal justice system; the introduction of charters for criminal courts; proposals for case management; professional development programmes; improved understanding of the role of the criminal courts and the creation of an accessible and intelligible criminal procedure.
The lack of legal representation in criminal cases has been an important factor inhibiting access to the criminal justice system. In order to address this problem the paper invites proposals on the restructuring of legal aid services including the need to assess the demand for legal services; the identification of resources available; the role of the legal profession in expanding legal services in criminal cases; equitable use of resources; the role of paralegals in the criminal justice system; the establishment of community legal centres; the role of university and legal aid institutions; the establishment of a telephonic legal aid service; the reduction of the costs of legal representation in criminal cases and proposals to improve access through community legal education.
The return date for comment on the two issue papers mentioned above is 30 May 1997.
The Commission is currently engaged in an investigation into all aspects of alternative dispute resolution and has compiled an issue paper on the subject to initiate, facilitate and encourage a focussed discussion by all interested parties. The issue paper was released during May 1997.
ADR is the generally accepted acronym for alternative dispute resolution. Simply put, ADR denotes all forms of dispute resolution other than litigation or adjudication through the courts. It therefore covers a broad range of mechanisms and processes designed to assist parties in resolving disputes creatively and effectively. These mechanisms and processes are not intended to supplant court adjudication, but rather to supplement it. The most common types of ADR include negotiation, conciliation, mediation and arbitration.
The question addressed in the issue paper is whether the administration of justice will be enhanced if a broader concept of dispute resolution could be accommodated within the formal legal system. Existing ADR initiatives will be evaluated and the further role of ADR with regard to access to justice, juvenile justice, family law, the simplification of the criminal and civil justice system as well as in the area of indigenous law will be investigated.
The goals of ADR are to relieve court congestion, to minimise costs and to prevent delays, to enhance community involvement in the dispute resolution process, to facilitate access to justice and to provide more effective dispute resolution.
There is a wide perception that the formal system of justice in the country, before the commencement of the present constitutional dispensation, suffered from the effective exclusion of most South Africans from the creation and execution of legislation. The law's inability to meet the needs of the ordinary citizens could, however, not only be ascribed to the content of the substantive law, but also to the structure and procedural requirements of the courts causing many people to be denied access to the courts. People resorted to self-help in the form of unofficial or folk institutions. In urban areas different forms of community courts were instituted.
The new Constitution of South Africa, with its Bill of Rights, is based on the principle that all people are equal before the law. The problem is that the equality thus achieved will be more of a facade than a reality if people are still de facto excluded because, owing to past injustices, they do not have the economic, social or cultural ability to make use of those rights or to participate in the administration of justice in a meaningful way. Community courts may therefore still have an important role to play in the new dispensation.
It is, however, also true that, quite apart from the problems experienced by those previously disenfranchised or otherwise disempowered, the justice system in South Africa is under constant scrutiny of and subjected to criticism from various interest groups (business, labour, religious groups, cultural groups or community groups) continually looking for more speedy, more effective, less cumbersome, less expensive and often less adversarial ways of resolving disputes and problems.
The most common complaint about the current justice system in South Africa is that the costs of litigation are prohibitive. This prevents meaningful access to courts and even those who have access are often victims of delay. The incomprehensibility and adversarial nature of the process with a resultant lack of control furthermore leads to a sense of frustration and disempowerment. Courts are only concerned with trials and are therefore limited in their response to legal disputes.
Effective government is largely dependent on a legal system that is respected by those it is intended to serve. The challenge facing the democratic state is therefore to ensure that the justice system is acceptable and accessible to the larger community.
The Justice Ministry has already begun to transform the justice system at various levels in line with democratic values. It may be that the introduction of ADR-techniques supplementing formal justice systems at certain levels may help to provide South Africans with an opportunity to establish an acceptable justice system that will be swift and effective.
The return date for comment on the issue paper is 15 July 1997.
The Commission published an issue paper on restorative justice for general information and comment during April 1997. The issue paper forms part of the Commission's comprehensive review of all aspects of sentencing. In the issue paper the Commission among other things considers restorative justice as a process which seeks to redefine crime, interpreting it not only as breaking the law, or offending against the State, but also as an injury or wrong done to another person. It encourages the victim and the offender to be directly involved in resolving conflict and thereby becoming central to the criminal justice process with the State and legal professionals playing the role of facilitators, thus supporting a criminal justice system which aims at offender accountability and full participation of the victim, the offender and the community in making good or putting right the wrong.
As part of this process, restorative justice demands consideration of approaches such as offering compensation, where appropriate, to the victims and empowering victims in their search for recognition through direct participation in the criminal justice system.
Present support services for victims of crime and violence in South Africa seem to be limited, fragmented, uncoordinated, reactive in nature, and therefore ineffective. The planning and establishment of these services is often not community-driven and occurs on an ad hoc basis resulting in difficulties. Services do not cater sufficiently for the diversity of the population and certain services such as those focussing on women and children are over-utilized, while others tend to be inaccessible in terms of their location and service fees or are poorly marketed and therefore not used. Many victims go unsupported, remain traumatised, become victims again or even turn to crime and violence themselves.
In order to address these issues the Commission invites comments and suggestions for reform on a number of issues.
The need for the establish- ment of a compensation scheme for victims of crime in South Africa.
The administration of such a scheme, including the rationale for the establish- ment of such a scheme, the meaning of "victim" for the purpose of the scheme, the nature and purview of the scheme, minimum and maximum awards in terms of the scheme, restitution for non-pecuniary loss, compensation for loss of personal property, persons qualifying for compensa- tion, persons excluded from participation in the scheme and general princi- ples which should be provi- ded for in the enabling legislation, if any.
The establishment of coordinated victim support services in South Africa.
Improved consultation between victims, the police and prosecutors.
The enactment of legisla- tion which recognises victim impact statements.
The introduction of com- munity participation in the sentencing process by formal recognition of procedures involving victim/offender mediation including family group conferences, community youth conferences, com- munity aid panels and circle sentencing.
The return date for comment on the issue paper is 30 June 1997.
The need, not only for a separate, cohesive juvenile justice system, but also for a coordinated attempt to address the shortcomings in that system, was reinforced by South Africa's ratification of the United Nations Convention on the Rights of the Child (1989) on 16 June 1995. This important Convention deals with a broad range of children's rights and provides a comprehensive framework within which the issue of juvenile justice must be understood. By ratifying the Convention, South Africa is now obliged, in terms of article 40(3), to establish laws, procedures, authorities and institutions specifically applicable to children in conflict with the law. Apart from the international requirements, the National Crime Prevention Strategy and the Interim Policy Recommendations of the Inter-Ministerial Committee on Young People at Risk which have been approved by Cabinet, also recognise the need for a separate juvenile justice system.
In order to coordinate reform in the field of juvenile justice, the Minister of Justice requested the South African Law Commission to include such an investigation in its law reform programme. The Commission thereupon established a project committee for the investigation to which the Minister made appointments on 5 December 1996. The names of the members of the project committee were announced in the previous Bulletin. The project committee completed an issue paper, released during May 1997, with the purpose of stimulating public debate and eliciting comment on a host of issues and proposals pertaining to the introduction of composite legislation which governs a comprehensive juvenile justice system for South Africa.
The incorporation of international principles on juvenile justice in the body of proposed legislation.
The possible adjustment of the age of criminal capacity and the present legal presumption governing juveniles' accountability.
The provision of specia- lised and quality legal representation.
Alternatives to arrest, the notification of parents, guardians and other role-players as well as diversion options that could be exercised by the police.
The detention of children in appropriate institutions and alternatives to the monetary payment of bail.
Diversion options, the determination of the role-players who will be respon- sible for making decisions concerning diversion and equality of access to diversion.
A revised juvenile court structure.
Sentencing options, the establishment of guidelines for sentencing, the desira- bility of reform schools, alternatives to payment of fines, alternative sentences, correctional supervision, pre-sentence reports and evidence relevant to sentence.
Monitoring of a new juvenile justice system.
The Commission is faced with the difficult task of developing a juvenile justice system which will give effect to the spirit underlying our Constitution and the international guidelines in regard to juvenile offenders within a framework that will not detract from the rights of victims of crime and society's right against protection from criminal activity as well as its need for retribution.
The closing date for comment on the issue paper is 31 August 1997.
The Commission approved the publication of an issue paper on sexual offences against children during May 1997. The aim of the investigation is to elicit comments on the issues pertaining to sexual offences against children and to use these comments to assist the Commission in identifying the most suitable options for reform. This investigation does not address sexual offences committed by children as this forms the subject matter of the Commission's investigation into juvenile justice (Project 106).
Throughout the world there is a general awareness that child abuse and neglect are a serious and growing problem and South Africa is no exception. The figures on prevalence of child abuse in South Africa are staggering: In 1996, the Child Protection Unit of the SAPS alone dealt with 35 838 cases of crime against children, which represents an average increase of 36% per year since 1993.
Many, if not most, reported cases of child sexual abuse are dealt with by structures other than the police, particularly the social services. Child Welfare Societies affiliated to the S A National Council for the Child and Family, which form only one of the relevant social services groupings, dealt with an average of 9 398 cases per month involving severe neglect (77%) or physical or sexual abuse (23%). Furthermore, it is a well-known fact that only a small percentage of crimes against children are actually reported.
Given that many forms of child abuse and neglect are crimes, the relevant aspects of criminal law as well as the associated processes, procedures, structures and resources are crucial components of any child protection system. With a view to review the law, the paper invites proposals on various common law offences such as rape, incest, indecent assault, unnatural sexual offences and crimen injuria; the statutory offences in terms of the Sexual Offences Act, 1957, the Child Care Act, 1983, the Films and Publications Act, 1996; and customary law. The investigation also presents an opportunity to rethink certain rules of evidence such as the cautionary rule, the need for corroboration, and evidence of the sexual history of the complainant.
Many cases of sexual abuse of children take place in the intra-familial context. These cases then often form the subject of a children's court inquiry in terms of the Child Care Act, 1983, as well as a criminal process. It is also possible that child sexual abuse might come to light as part of a different judicial process, such as a divorce matter. Children's court enquiries have their own problems and this paper invites proposals to improve the efficiency of the present system.
Multiple problems are experienced when child abuse cases are brought to court. The special difficulties involved in the present system in obtaining convictions for crimes against children and the resulting collapse of cases lead to ongoing and sometimes heightened risk to the victim and to other children. These relate mainly to the secondary abuse suffered by children who are required to give testimony in adversarial courts which are designed for adults; difficulties associated with the functioning of the courts, including lack of appropriately trained personnel at all phases of the investigative and judicial process; the endless delays and remands due to the congestion of the court system; problems experienced with the law of evidence; etc.
In the light of the difficulties experienced with the criminal justice processes, the paper also invites proposals for the improvement of the efficiency of the criminal justice system. This includes steps making it easier for children to disclose sexual abuse; making the court process more child friendly; and making it easier for children to give evidence in court. The paper also invites proposals on the need for mandatory or voluntary reporting of child abuse and a register for offenders or victims. Proposals are further invited on steps to streamline the police investigation in child sexual abuse cases; ways to ease the medical examination of the child victim; the treatment of offenders; the treatment of victims; and sentencing options.
The return date for comment on the paper is 31 August 1997.
Domestic violence is a pervasive and frequently lethal problem that challenges society at every level. Violence of this nature is often hidden from view and devastates its victims physically and emotionally. Directly or indirectly it affects the quality of life of the whole society. Appropriate legislation to reduce and prevent domestic violence is therefore of critical importance.
It is clear that the law does not hold an exclusive position in either the response to, or the prevention of, domestic violence. However, when victims of domestic violence do turn to the law for protection, the law should be effective and efficient in its response. The objective of the recommendations contained in the Commission's discussion paper, published in February 1997, is therefore to ensure that the substance and procedures of domestic violence legislation are well tailored to the needs of those suffering abuse in a domestic context.
The Commission's recommendations are progressive and constitute a substantial broadening of the limited scope of the existing Prevention of Family Violence Act 133 of 1993.
Provision should be made for the granting of interim interdicts upon application even though the respondent has not been given prior notice of the application. In granting the interim interdict the court should issue a suspended warrant for the arrest of the respondent.
Protection should be offered to any victim who is in a "domestic relationship" with the abuser. "Domestic relationship" should include persons (whether of the same or opposite gender) who live or lived together in a relationship in the nature of marriage, although they are not, or were not, married to each other, or are not able to be married to each other. It should also include engagement and dating relationships and persons who share or have shared the same household.
"Domestic violence" should be defined as including, but not limited to, physical abuse or threat of physical abuse; sexual abuse or threat of sexual abuse; intimidation; harassment; or destruction of property. Account should be taken of the fact that a number of acts that form part of a pattern of behaviour may amount to domestic violence, even when some or all of those acts, when viewed in isolation, may appear to be trivial.
The court should be empowered to prohibit the abuser to physically or sexually abuse the applicant; threaten to physically or sexually abuse the applicant; intimidate the applicant; harass the applicant; damage property in which the applicant may have an interest; threaten to damage property in which the applicant may have an interest; enter, watch, loiter near, prevent or hinder access to or from the applicant's place of residence, business, employment, educational institution, or any other place that the applicant visits often; follow the applicant or stop or approach the applicant in any place; make any contact with the applicant by telephone or any form of written communication; enlist the help of another person to act in any of the above ways; enter the shared residence; enter a specified part of the shared residence or a specified area in which the shared residence is situated; prevent the applicant or any relevant child who ordinarily lives or lived in the shared residence from entering or remaining in the shared residence or a specified part of the shared residence; commit any other act specified in the interdict.
The court should be empowered to order that all or any of the prohibitions or conditions contained in the interdict apply for the benefit of any child whose interests the court considers relevant.
In granting an interdict the court should be empowered to make a temporary maintenance, custody or access order.
The contravention of the conditions of an interdict granted in terms of domestic violence legislation should be an offence which is prosecuted in the criminal court.
The return date for comment on the discussion paper is 30 May 1997.
The Commission released a discussion paper dealing with euthanasia and the artificial preservation of life for general information and comment in April 1997.
The advances made in medical science and especially the application of medical technology have resulted in patients living longer. For many patients this signifies a welcome prolongation of meaningful life, but for others the result is a poor quality of life which inevitably raises the question whether treatment is a benefit or a burden.
According to the present position in our law it is unlawful to terminate a person's life in order to end his or her unbearable suffering even if it is clear that death is inevitable and that the person is about to die. The intentional termination of such a person's life remains punishable even if the suffering person expresses the wish to die or begs to be killed. Withholding or withdrawing of life-sustaining medical treatment from a patient who is terminally ill may however be permissible under specific circumstances and subject to certain conditions.
In most Western countries increased importance is being attached to patient autonomy. The need has therefore arisen to consider the question whether a mentally competent, but terminally ill patient's right to refuse life-sustaining medical treatment or to receive assistance in ending his or her life should be protected. The position of the incompetent patient as well as the patient who is clinically dead also needs clarification.
The circumstances in which it would be lawful for a medical practitioner to withhold all further life-sustaining treatment from a patient certified as being brain-dead and who is being kept alive artificially.
The right of a mentally competent person to refuse any life-sustaining medical treatment even though such refusal may cause or hasten his or her death.
The right of a medical practitioner responsible for the treatment of a termi- nally ill patient to alleviate pain and distress by increasing the dosage of medication to be given to the patient even if the secondary effect of the medication may be that the patient's life will be shortened.
Whether it would be lawful for a medical practitioner to actively assist a termi- nally ill, but mentally competent patient to die by administering or providing a lethal agent.
Clarification of the legal position with regard to the wishes of the patient as expressed in a so-called advance directive (living will) or power of attorney and the continued validity of a power of attorney after the principal has become mentally incompetent.
The instances in which the chief medical practitioner of a hospital or clinic may, in the absence of a directive of the patient or his agent, decide to discontinue the treatment of the terminally ill patient.
The powers of the court with regard to withholding or withdrawing medical treatment or the perfor- mance of any medical procedure which would have the effect of terminating a patient's life.
The Commission has stated the above-mentioned issues objectively and neutrally without making specific recommendations.
Written comments or suggestions should reach the Commission by 30 June 1997.
The Commission has released a discussion paper on pre-employment HIV testing for general information and comment. The Commission has been assisted in this task by a project committee representative of divergent interests under the leadership of Mr Justice Edwin Cameron.
HIV cannot be transmitted casually, and transmission in the workplace is highly unlikely. AIDS and HIV will nevertheless have a dramatic effect on the workplace and on the economy in general. Because many of those affected are economically active, AIDS and HIV will have a significant impact on investment in training, cost of labour, and productivity.
Despite a widely accepted point of view that pre-employment testing is ineffective at eliminating HIV from the workplace, there are increasing reports of pre-employment testing of applicants for employment in the public and private sectors.
There is at present no specific statutory prohibition on pre-employment testing for HIV in our law. There is also no clarity on the circumstances under which an employer could require an applicant for employment to take an HIV test. The present constitutional and legislative inhibitions on unfair discrimination in general may seem to be sufficient to prevent irrational pre-employment testing for HIV. However, neither the 1996 Constitution nor the Labour Relations Act of 1995 confers unqualified rights and may therefore countenance an employer testing an applicant for employment for HIV under certain specific circumstances. A review of comparable systems, together with a consideration of the current scientific knowledge and the ethical, social and economical issues have led the project committee to the conclusion that the present legal position needs to be changed, and that the most effective way of doing so is by legislation.
The project committee recognises that an array of competing interests and social values is at issue in the debate about statutory regulation of pre-employment testing for HIV. Any suggested statutory intervention should attempt to reconcile the main opposing approaches in a form which leaves sufficient flexibility for the accommodation both of private rights and social interests. Future developments in medical and scientific knowledge and in the economic environment should also be accommodated.
After careful consideration of the problem the project committee provisionally recommends the adoption of a specific statute in order to regulate those instances where an employer may ask an applicant for employment to take an HIV test, and to prevent an employer from refusing an applicant employment on the grounds of that person's HIV status or perceived HIV status, unless such refusal is deemed fair and justifiable. By giving specific jurisdiction to the Labour Court to determine under what circumstances HIV testing or taking HIV status into account in hiring may be permissible, the proposed legislation could give all involved parties a clear framework for resolving potential disputes. A draft Bill to this effect is attached to the discussion paper for comment.
The issues in question need to be debated thoroughly. All parties who feel that they have an interest in this matter or may be affected by the measures proposed are invited to comment on the preliminary recommendations made.
Written comments or suggestions should reach the Commission by 31 July 1997 at the address given below. The discussion paper is available on request and is free of charge.
These reports are available from the Government Printer.
The Chairperson is Chief Justice Ismail Mahomed, former Vice-President of the Constitutional Court. The Vice-Chairperson is Judge Pierre Olivier, a Judge of the Appeal Court. The full time member is Professor Thandabantu Nhlapo. The other members are Judge Yvonne Mokgoro, a judge of the Constitutional Court, Advocate Jeremy Gauntlett SC from the Cape Bar, Ms Zubeda Seedat, an attorney practising in Durban, and Mr Phineas Mojapelo, an attorney practising in Nelspruit.
One of the commissioners, Mr J J Gauntlett SC, will attend the Australasian Law Reform Agencies Conference, Melbourne, 15-16 September, with the theme "Combating Discrimination through Law Reform". Another commissioner, Ms Z Seedat, is scheduled to attend the 9th International Symposium on Victimology, Amsterdam, 25-29 August, with the theme "Caring for Victims". She will also visit the Law Commissions of England, Scotland and Ireland. The South African Law Commission is planning to convene a regional law reform conference with a view in particular to examining ways of improving Southern African co-operation in controlling crime on a regional basis.
Please note the new e-mail address reflected below. Arrangements have been made to transfer mail addressed to the old address to the new one for the time being.
Interested parties are invited to submit proposals for law reform and information in respect of projects to the Commission.
The Commission's offices are situated at 228 Visagie Street, Pretoria.
The postal address is Private Bag X668, Pretoria 0001.
Some of the Commission's documents are also available on the Internet.
The Commission's office hours are from 07:15 to 15:45 on Mondays to Fridays.
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The South African Law Commission has celebrated its 25th anniversary during the year under review. Compared to the age of law reform agencies in other jurisdictions, this milestone would make the Commission one of the older agencies internationally. A review of the Commission=s development and achievements during the past 25 years is reflected in Chapter 2.
With a view to extending the basis for consultation and involving interested parties and the community at an earlier stage in the process of law reform, the Commission has embarked upon a working method in terms of which, in appropriate cases, shorter documents in the form of issue papers - which precede the publication of discussion papers - are compiled for general information and comment. The object is to stimulate and activate the debate in respect of relevant matters and to give direction to the reform which is to follow. Documents of this nature can also serve as background material for seminars or workshops on the topics in question.
The issue papers are also listed in Annexure E.
Five discussion papers, previously referred to as working papers, were finalised during the year under review and published for consultation purposes.
Project 85 - Legal aspects relating to AIDS: Regulations emanating from the Commission's first interim report on AIDS are under consideration by the Department of Health.
Project 100 - Access to minor children by interested persons: The Minister of Justice proposes to discuss the matter with the Minister of Welfare.
Project 104 - Money laundering: The Commission's report is under consideration by the Department of Finance.
A number of new investigations commenced during the year under review. A progress report in this regard appears in Chapter 5.
The transformation of our legal system offers great challenges in the area of law reform. The Law Commission and its secretariat view their involvement in the process of law reform as a valuable opportunity to contribute to the inception and preservation of a legal system that satisfies the needs of the South African community.
An important and significant development that took place during the last two years was the restructuring of the Commission=s membership. For the first time in its history the Commission has two female members, elected with effect from 1 January 1996. The restructuring was aimed at making the Commission more representative of the profile of the population, whilst retaining the balance as far as representing various branches of the legal profession is concerned. Thus the new members represent the Constitutional Court, the Supreme Court of Appeal, the bar and side-bar as well as the academic branch.
The Commission started off with part-time members only. From time to time additional members with expertise in a particular field of law relevant to an investigation were appointed in terms of the Act. Owing to the increase in investigations undertaken by the Commission and the fact that all the members of the Commission served on a part-time basis, the need arose for the appointment of full-time members. The first full-time members were Mr Justice P J J Olivier (Vice-Chairperson) and Mr G G Smit who served in this capacity for ten years. At present the Commission has only one full-time member, namely Professor Thandabantu Nhlapo. In addition to assisting with the planning of the various investigations on the Commission=s programme and giving guidance to the researchers concerned, he serves as a liaison between the members of the Commission and the secretariat. He also monitors the progress made with investigations and serves on the working committee. Since the appointment of full-time members in the middle of the eighties, the Commission has reaped considerable dividends in increased productivity and greater efficiency.
In addition to the above-mentioned committees, the Commission established committees for the reform of different branches of the law. The following fields of study, to which committees were appointed, were identified: law of succession, criminal law, law of partnerships, law of things, law of evidence, law of trusts, administrative law, unjustified enrichment, law of delict, common law authorities, law of civil procedure, law of contract, law of criminal procedure, harmonisation of the common law and indigenous law, law of persons, family law and sentencing. The appointment of members of these project committees expired on 31 August 1994. The aspects or branches of the law that should be reformed were identified by the committees, and work is now proceeding on an ad hoc basis with the available personnel.
During the past 25 years some project committees completed their assignments while others were newly established. The present project committees are listed in Annexure B.
Research is done to determine authoritatively the existing legal position and to identify shortcomings or deficiencies that need to be rectified. Consultation takes place between the researcher or project committee, if one has been appointed, and interested parties or persons with particular knowledge concerning the matter under investigation. Comparative studies are carried out in order to enable the Commission to benefit from experience elsewhere in the world. The primary aim of the Commission is to effect law reform by consulting with as many interested persons and bodies as possible. This process is facilitated by the Commission's policy of compiling issue papers as a first step - an addition to the Commission=s publication series which has been added in 1996. Issue papers outline the problems encountered with particular areas of the law and invite submissions on possible solutions. They are distributed as widely as possible for general information and comment and are in appropriate cases also supplemented by workshops. Discussion papers are then prepared by the Commission's research staff to serve as a basis for its deliberations. They contain essential information on the investigation concerned and the Commission=s tentative proposals for reform. Members of the public are informed of the availability of discussion papers by notices in the Government Gazette, press releases and press conferences. In addition, copies are distributed to organisations and, sometimes, individuals whose views on the subject under discussion the Commission particularly wishes to canvass. The responses to the provisional proposals are carefully studied before final decisions are made. The Commission also hears oral evidence in appropriate cases. The Commission's recommendations are embodied in comprehensive reports that also contain, where applicable, the draft legislation to give effect to the proposals. Reports are submitted to the Minister of Justice.
In making its recommendations the Commission bears in mind that there is a need to provide access to justice for all, to protect the rights of all parties involved - especially those of women and children, to make legal processes affordable, to make the law less complicated, and to give effect to the values and principles underlying the Constitution.
Judging from comments received, the Commission's discussion papers and reports are well regarded. There appears to be an increasing tendency in faculties of law to use and prescribe the Commission's discussion papers and reports for their students at undergraduate as well as postgraduate level.
In view of the many valuable comments and proposals received on the Commission's recommendations as contained in its documents, there is no doubt that its working methods have proved successful. These methods ensure that the Commission's final recommendations as contained in its reports are well substantiated and are the product of a thorough airing of views and debate. They also facilitate the legislative passage of the Commission=s proposed legislation in which its final recommendations are embodied.
The Commission has made several recommendations concerning the reform of family law. These recommendations relate mainly to the law of divorce and to matrimonial property law.
Concerning the law of divorce, the Commission=s recommendation resulted in the passing of the Divorce Act 70 of 1979, the Divorce Amendment Act 7 of 1989 and the Divorce Amendment Act 44 of 1992. The Divorce Act 70 of 1979 introduced a new ground for divorce, namely irretrievable break-down of the marriage. This brought the South African divorce law into line with developments elsewhere in the world. The Commission=s recommendations providing for a divorced woman to share in the pension benefits of her former husband are contained in the Divorce Amendment Act 7 of 1989. The Act greatly improves the position of a party to a divorce by including the pension interest of the other party in his or her assets for determining the patrimonial benefits to which the parties are entitled. Owing to problems experienced with the Act, the Commission subsequently further recommended that provision should be made for the determination of the pension interest in a retirement annuity according to the reserve value at the date of death or divorce of the member of the fund, as assessed by an actuary. The Divorce Amendment Act 44 of 1992 was also passed as a result of a recommendation by the Commission. Section 1 of the Amendment Act confers certain powers upon a court in the case where the court grants a decree of divorce in respect of a marriage, the patrimonial consequences of which are governed by the law of a foreign state.
The Commission found it necessary to investigate the effects of a presumption of death on the marriage of a person presumed to be dead. The Commission recommended that legislation be introduced to provide that the High Court may, at the request of the surviving spouse, grant an order dissolving the marriage. The Commission also recommended that a finding of a presumption of death in pursuance of section 18(2) of the Inquests Act 58 of 1959 should automatically result in the dissolution of a marriage. The Commission=s recommendations resulted in the Dissolution of Marriages on Presumption of Death Act 23 of 1979.
The Commission reviewed the entire field of matrimonial property law and recommended drastic changes that were put into effect in terms of the Matrimonial Property Act 88 of 1984. This brought matrimonial property law into line with modern-day needs. In particular the weak position in which women often found themselves has been greatly improved. The Act provides, inter alia, for the abolition of the marital power of the husband and for a system of joint management of the joint estate of spouses married in community of property. It also introduced a matrimonial property system that enables the spouses to share in the accruals of each other=s estates. Furthermore it introduced the principle of the redistribution of assets in marriages contracted out of community of property before the commencement of the Act. In 1988 these changes were extended to marriages of Black persons, which had until then been regulated on a different basis.
The Commission also investigated the question of access rights to children born out of wedlock and came to the conclusion that the present common law position in terms of which the mother of such a child has exclusive rights in regard to access, custody and guardianship, should be reformed. The Commission recommended that the natural father of a child born out of wedlock may apply to the division of the High Court in which the child is domiciled or usually resident for an order granting him a right of access to such child. After the completion of this investigation, the Commission - upon public demand - further recommended the granting of visitation rights with regard to minor children to persons having any particular family tie or other relationship making it desirable, in the interests of the child, that those persons should have access to the minor child. The Commission=s recommendations led to the adoption of the Natural Fathers of Children Born out of Wedlock Act 86 of 1997.
The Commission also addressed problems encountered with divorce in religious marriages. The rules relating to divorce under Jewish law, for instance, treat a marriage as a private arrangement between the parties thereto and requires mutual consent in the event of dissolution. The Commission recommended an amendment to the Divorce Act 70 of 1970 so as to empower a court to refuse the granting of a decree of divorce or to make any order it deems just when one of the spouses refuses to co-operate in releasing the other spouse from any marriage bonds existing in terms of the rules of religion where it is in the power of the first-mentioned spouse to remove such bonds. The Divorce Amendment Act 95 of 1996 was passed as a result of the Commission=s recommendations.
The Commission reviewed the entire field of the law of succession. Its recommendations resulted in two enactments, namely the Intestate Succession Act 81 of 1987 and the Law of Succession Amendment Act 43 of 1992. The Intestate Succession Act 81 of 1987 is a codification and simplification of the rules of intestate succession. The position of the surviving spouse has been improved. If the deceased is survived by a spouse, but no descendants, the spouse inherits the intestate estate. Previously the spouse had to compete with parents, brothers and sisters. The spouse=s minimum share has been increased from R50 000 to R125 000.
The Law of Succession Amendment Act 43 of 1992 deals with testate succession. Its aim is to simplify formalities and to remove uncertainties. It empowers a court to declare a will valid in certain circumstances, despite non-compliance with certain formalities. It also improves the position of illegitimate children and clarifies the position of adopted children.
The Commission reviewed the law relating to children born out of wedlock with a view to removing certain legal disabilities from which they suffered and improving their legal status. This resulted in the Children=s Status Act 82 of 1987. The Act regulates, inter alia, the status of a child born of a voidable marriage which is annulled; the legitimation of a child through the marriage of his parents; the guardianship of an illegitimate child whose mother is a minor; and the legal status of a child who is procreated through artificial insemination with donor gametes. Provision is further made to facilitate proof of paternity in certain instances.
The Commission investigated the introduction of a system of enduring powers of attorney to enable appointed agents to deal with the affairs of persons who become mentally incapacitated. This resulted in the adoption of the Mentally Ill Persons= Legal Interests Amendment Act 108 of 1990. The Act provides for a simpler procedure for the appointment of a curator for a mentally ill person.
A person=s domicile is important in law for various reasons. In most cases it determines the legal system that applies to certain juristic acts and the court that has jurisdiction in this regard. The Commission=s recommendations concerning the reform of the law of domicile resulted in the Domicile Act 3 of 1992.
Game farming in South Africa has expanded greatly in recent years. From a legal point of view game farmers have experienced problems resulting from the common law rules relating to the acquisition and loss of ownership of game. They were faced with the predicament that under the common law one loses ownership of game as soon as the game escapes from one=s control. The Commission=s recommendations resulted in the Game Theft Act 105 of 1991, which provides better protection for game farmers. The Act provides that the owner of game who keeps the game on land that is sufficiently enclosed does not lose ownership merely by reason of the game escaping from such enclosed land. The Act further provides that the ownership of game does not vest in a person who without consent hunts or catches game on the land of another. The entering upon land with the intent to steal game has been made an offence. The Act further contains provisions to facilitate proof of the theft of game.
The Commission reviewed the law of trusts and recommended better control over trusts. Its recommendations resulted in the Trust Property Control Act 57 of 1988.
During 1991 the Commission produced two of its most important reports, namely the Interim Report on Group and Human Rights and the Report on Constitutional Models. These reports were preceded by a tremendous amount of research and by wide and extensive consultation, both in South Africa and abroad. They were received with great interest and enthusiasm by members of the public and private sectors and by the general public.
After the enactment of the 1993 Constitution, it became evident that a substantial part of the Commission=s recommendations in its interim report found substance in the Bill of Rights embodied in the Constitution. A final report on group and human rights was completed in 1994. Although the Commission did not recommend changes to the wording of the Bill of Rights in the 1993 Constitution, it did record reservations in respect of some issues dealt with in the Constitution, and also made recommendations on certain issues that were not expressly dealt with in the 1993 Constitution=s section on the Bill of Rights.
An analysis of the different ways of protecting the individual rights of all citizens, as well as the rights of collective units, associations, minorities and peoples in each such type or model.
A discussion of the possible methods by which a future constitution can be safeguarded and guaranteed in a legitimate way.
The investigation did not aim to draft a model constitution for South Africa. The Commission merely endeavoured to evaluate the different possibilities in respect of each important aspect of the constitution as objectively as possible. The report comprises some 1 500 pages and covers a vast field of research, comparison and thought.
The irrefutable presumption that a boy under 14 is incapable of having sexual intercourse was abolished.
Any person whose presence is not necessary at criminal proceedings involving the prosecution of an accused for allegedly committing or attempting to commit, inter alia, any indecent act may not be admitted at such proceedings while the complainant is giving evidence, unless the complainant requests otherwise.
The identity of such a complainant is protected under certain circumstances.
Evidence as to sexual intercourse by, or any sexual experience of, any person against or in connection with whom any offence of a sexual nature is alleged to have been committed, may not be adduced or such person may not be questioned thereon unless the court is satisfied that such evidence or such questioning is relevant or that it relates to the offence that is being tried.
In the case where a husband has been convicted of assault on his lawful wife and could, but for the existence of the marriage relationship between them at the time the assault occurred, have been convicted of rape, the fact that he could have been convicted of rape had he not been married to his wife may be regarded by the court as an aggravating circumstance in the passing of sentence.
In its investigation into the protection of child witnesses the Commission recommended that additional protection should be afforded witnesses under the age of 18 years who give evidence in criminal proceedings. The Commission=s recommendation is contained in section 3 of the Criminal Law Amendment Act 135 of 1991. The protection relates to the appointment by the court of an intermediary if it appears to the court that such a witness would be exposed to undue mental stress or suffering if he or she testified in criminal proceedings. No examination, cross-examination or re-examination of the witness, except examination by the court, may take place except through the intermediary. The intermediary may, unless the court directs otherwise, convey the general meaning of any question to the witness. If the court appoints an intermediary it may direct that the witness may give evidence in a place which will set the witness at ease, which is so situated that any person whose presence may upset the witness is outside the sight and hearing of the witness, and which enables any person whose presence is necessary at the proceedings to see and hear, either directly or through the medium of any electronic or other device, the intermediary as well as the witness during his or her testimony. The implementation of the Commission's recommendation is a vast improvement in the protection of such witness.
The recommendations of the Commission concerning offences committed under the influence of liquor or drugs resulted in the Criminal Law Amendment Act 1 of 1988. The main aim of the recommendations is to create an offence in circumstances where a person commits an unlawful act but is not criminally liable therefor owing to the impairment of his or her faculties caused by the use of any substance that has that effect.
As a general rule an award of damages is made according to the value of money at the date when the damage occurred. Usually there is a lapse of time, sometimes a long period, before claimants receive such damages. Claimants therefore receive compensation that is worth less at the later date of receipt than at the occurrence of the damages. The Commission therefore investigated the need for awards of interest in South African law and ways in which it could be introduced. The recommendations mainly contemplate provision for the payment of interest on unliquidated debts resulting from damages.
In the course of the Commission=s comprehensive investigation into the review of the law of insolvency, a number of interim reports were published, leading to the enactment of the following legislation: section 1 of Act 6 of 1991 substituting section 34 of the Insolvency Act of 1936, to regulate the voidable sale of a business; section 1(3) to (5) of Act 57 of 1993 dealing with the preference conferred by a special bond over immovable property; Act 122 of 1993 dealing with insolvency interdicts; section 1 of Act 129 of 1993 dealing with appeals against sequestration orders; and Act 32 of 1995 dealing with the protection of financial markets in the event of insolvency.
The advent of the computer posed new and exciting challenges for law reform, especially with regard to the law of evidence. The problem in this regard was that the rules of evidence did not provide adequately for the admissibility of computerised records. In its investigation into the admissibility in civil proceedings of evidence generated by computers, in which the Commission was ably assisted by Mr Justice J M Didcott, the Commission recommended that this matter should be regulated specifically by legislation. The Commission=s recommendations resulted in the Computer Evidence Act 57 of 1983. The Act makes provision for, inter alia, the authentication of computer print-outs, the admissibility in civil proceedings of authenticated computer print-outs and the evidential weight which a court in all the circumstances of the case can attach to such print-outs.
Other important reforms relating to the law of evidence resulted in the Law of Evidence Amendment Act 45 of 1988. These include the admissibility of hearsay evidence as evidence under certain circumstances at criminal proceedings, the introduction of the rule that the wife or husband of an accused is competent, but not compellable, to give evidence for the prosecution in criminal proceedings, and that the wife or husband of an accused cannot be a compellable witness where a co-accused calls that wife or husband as a witness for the defence.
Shortly after its establishment the Commission initiated an investigation to identify obsolete and unnecessary pre-Union statutory provisions. As a result the Commission could as early as 1977 report that it had succeeded in having all but 78 pre-Union statutes removed from the statute book. The last Act in a series of Acts recommended by the Commission is a declaratory Act scheduling the only pre-Union statutes still in force. This investigation resulted in the repeal of more than 1 000 pre-Union proclamations, laws and Acts.
After completion of the Commission=s 1992 report on the courts= powers of review of administrative acts, the Commission reconsidered its recommendations in the light of the adoption of the 1993 Constitution - which contained certain provisions relating to administrative acts. Legislation was recommended bringing the Commission=s original recommendations into line with section 24 and other provisions of that Constitution.
Using external expertise the Commission supervised an investigation into the payments system in South African law. The objective was to bring local law relating to all forms of instruments of payment into line with modern needs and with developments elsewhere in the world. The voluminous report, completed in 1994, is still under consideration by the Minister of Finance.
In the field of shares and securities the Commission investigated the improvement of the position of a bona fide purchaser of listed shares and securities, focussing upon the protection of such a purchaser against vindication by the true owner in the case of theft or unauthorised negotiation of the shares or securities. The Commission=s recommendations were based upon the policy that an equitable balance has to be maintained between the interests of the dispossessed owner, on the one hand, and the interests of the bona fide purchaser of securities, on the other. In a later development the Commission further recommended an improvement of section 138 of the Companies Act of 1973, which section severely burdens the person who lodges documents for the transfer of listed securities of a company with that company. That person has to guarantee that such documents are genuine and has to indemnify the company against any loss or damage suffered by it arising out of a transfer registered by the company of the security referred to in such documents.
In a comprehensive investigation into the debt collecting procedure in Magistrates=s Courts, the Commission made recommendations relating to the simplification of that procedure with a view to curtailing costs and eliminating delays, the issue of imprisonment of debtors (which had been ruled to be unconstitutional as provided for in the Magistrates= Courts Act of 1944 by the Constitutional Court), and the lack of control over extrajudicial debt collectors who are not attorneys. Some of the recommendations have been enacted in the Magistrates= Court Amendment Act, 81 of 1997, while others are still under consideration.
Addressing the issue of access to justice, the Commission recommended in a report on speculative and contingency fees that legal practitioners and their clients should be able to agree to the practitioner charging an uplift fee in the event of the successful outcome of a civil action conducted by the client, and waiving his or her fees should the action be unsuccessful. The Commission=s recommendations led to the adoption of the Contingency Fees Act, 66 of 1997, which has not yet come into operation.
The Commission also made recommendations regarding the elimination of a jurisdictional lacuna in the Supreme Court Act of 1959, improving the previous position in terms of which a division of the High Court could not order the attachment of property or the arrest of a person outside its area of jurisdiction but within the area of jurisdiction of another division in order to found or confirm jurisdiction.
To the Commission the acceptance and implementation of virtually all its recommendations is a cause for satisfaction. The Commission appreciates, with equal satisfaction, the objective consideration of its recommendations by the Department of Justice and the positive approach to law reform by the Minister and Deputy Minister, who have, during their term of office, displayed a keen interest in the activities of the Commission and the promotion of its recommendations. The Justice Portfolio Committee fulfils an equally important role in the promotion of legislation. Researchers of the Commission are involved in the deliberations of the Justice Portfolio Committee when legislation emanating from the Commission is under consideration.
Constitution of the Commission six persons who appear to the President to be fit for appointment on account of the tenure of a judicial office or on account of experience as an advocate or as an attorney or as a professor of law at any university, or on account of any other qualification relating to the objects of the Commission.
The Commission's term of office expires on 31 December 1998.
Project committees fall under the second category of committees. The Commission follows the practice of instituting a project committee consisting of experts to assist with an investigation and advise the Commission if a specific investigation in the Commission's programme so requires. During the course of the year under review the following project committees were established: review of the Child Care Act, maintenance, domestic violence, computer related crime. The names of the members of these committees appear in Annexure B. In recommending persons to the Minister for appointment, the Commission ensured representativity and promoted the employment of external experts and knowledgeable persons to act as project leaders for investigations on the Commission=s programme. The Commission would like to express its appreciation to the membership of non-governmental organisations for their willingness to serve on project committees of the Commission.
The Commission's working methods are discussed in Chapter 2. In the course of its activities the Commission publishes a variety of documents.
In order to involve the community actively at an earlier stage, the Commission has decided to publish issue papers for appropriate investigations as the first step in the consultation process. The purpose of an issue paper is to announce an investigation, to elucidate the aim and extent of the investigation, to point to possible options available for solving existing problems and to initiate and stimulate debate on identified issues.
Discussion papers are numbered serially as they are published. The number of the discussion paper bears no relation to the number of the investigation concerned. Discussion papers published since the introduction of the document series are listed in Annexure F.
This series is used mainly for publications intended to make the common law more readily available and contains translated common law sources and noter-ups. Papers published in this way are listed in Annexure G.
The Commission met only once during the year, namely on 4 and 5 April. The meeting was held in Pretoria.
The working committee of the Commission met four times, namely on 7 February, 4 April, 31 May and 1 August. The first three meetings were held in Pretoria, and the last in Durban.
Project committees held 44 meetings during the year under review.
Legal aspects relating to AIDS 31.01.1997 11.03.1997 08.04.1997 30.08.1997 23.06.1997 19.10.1997 18.07.1997 21.10.
Juvenile justice 29.01.1997 11.09.1997 11.10.
Sexual offences against children 17.02.1997 29.04.
The Department of Transport approached the Commission with a request to include the investigation in its programme, which the Commission subsequently did. The inclusion of the investigation in the Commission's programme was confirmed by the Minister on 4 September 1995.
The need for the investigation emanated from the unsatisfactory financial position of the Multilateral Motor Vehicle Accidents Fund (the 'MMF'). The Auditor-General annually reports on the financial statements of the MMF and has found that the fund is technically insolvent, that there is uncertainty regarding the long-term position of the fund due especially to the actuarial liability for outstanding claims and that it is impossible to give an opinion on the continued existence of the fund as a going concern.
Research was suspended pending the possible introduction by the Department of Transport of a White Paper, a Green Paper and draft Bills dealing with the subject. The Department of Transport has since published a White Paper and has indicated to the Commission that it supports the removal of the investigation from the Commission's programme.
The Minister approved the removal of this investigation from the programme on 24 January 1997.
The Minister approved the inclusion of the investigation in the Commission's programme on 27 January 1997.
One of the recommendations of the conference entitled "Towards redrafting the Child Care Act" hosted by the Community Law Centre (University of the Western Cape) and the Portfolio Committee on Welfare and Population Development held in Gordon's Bay on 26 to 28 September 1996, was that the Commission should be requested to include the review of child care legislation in its programme in order to develop comprehensive draft legislation as a matter of urgency.
magistrates= courts and all other courts may decide any matter determined by an Act of Parliament, but a court of a status lower than a High Court may not inquire into or rule on the constitutionality of any legislation or any conduct of the President.
Is it desirable that Magistrates= Courts have jurisdiction in respect of constitutional matters, and if so, to what extent?
If it is considered that Magistrates= Courts lack jurisdiction in respect of constitutional matters, how is the situation to be remedied?
The Commission decided to include the investigation in its programme at its meeting on 31 May 1997, whereupon the Minister formally endorsed the inclusion on 14 June 1997.
The Minister requested the Commission, in a letter dated 13 November 1996, to consider a proposal by Mr Justice H C J Flemming regarding the adoption of legislation authorising video conferences in court.
In brief, video conferences enable the 'live' participation in court proceedings of a person in his or her physical absence. In judge Flemming's view legislation is urgently required in the interests of access to the law and improvement of the operation of the courts in that video conferences have the potential to reduce costs in, for example, cases involving witnesses having to travel from distant places or even residing in foreign countries and to eliminate inspections in loco in certain instances. In addition, a letter by Mr D Dalling, MP, to the Minister dealing with electronic trials was referred to the Commission. Mr Dalling pointed to the benefits that could be reaped in terms of savings and otherwise from adopting legislation authorising trials by telecommunication in respect of less serious offenses. Procedures abroad involve telecommunication between a presiding officer in a court room in the usual court buildings or in his or her office and the accused person in a court room in the place of detention. Telecommunication systems also provide for communication between public prosecutors and the legal representatives in the proceedings concerned. Mr Dalling argues that the major benefit of utilising this particular form of trial is that transportation is saved, procedures are speeded up and prisoners do not have to be transported from one venue to another in circumstances which are often a danger to security.
The object of this investigation is the ultimate establishment of a simple, coherent and generally accessible statute book. This comprises the repeal of obsolete and unnecessary provisions, the consolidation of provisions that belong together, the codification, where appropriate, of particular branches or aspects of the law, and the bringing about of uniformity in the law in all parts of the Republic. This is a task of immense proportions. In fact, it is a never-ending task because new legislation that should be regulated in accordance with the accepted rules is continually being passed.
Up to the present the investigation has remained an ideal in respect of which very little has been achieved. Over the years the Commission has got rid of a considerable amount of dead wood in the statute book through a number of repeal Acts - see projects 7 and 25 (Annexure D). Furthermore, the Commission is striving to give effect to the above-mentioned objectives in the separate investigations that it is undertaking.
The present position is unsatisfactory, especially as regards subordinate legislation. There are no reliable registers of subordinate legislation. The prevailing legal position can in most cases be established only by enquiring at the government department or institution responsible for the making of the measures concerned. The position is further worsened by the fact that such legislation, as a rule, is not available in annotated form, with the result that a search of various Government Gazettes or official gazettes has to be conducted in order to establish the latest position. Briefly, there is a need for the consolidation and indexing of all prevailing, subordinate legislation and the updating thereof in an accessible form. The same problem is encountered with regard to the legislation adopted by the former independent states and self-governing territories within the present Republic.
The question was further considered whether the courts will need guidelines to limit their powers of intervention and to indicate the ambit of the intended doctrine. The provisional conclusion was that the laying down of guidelines by legislation may result in the courts considering themselves bound exclusively by those guidelines. Another question was whether the review power of the courts should extend to all types of contracts, to non-consumer transactions, to international agreements or to standard term contracts only. It was believed that no exceptions should be made to the provisions relating to good faith and that the proposed provisions of the Bill should apply to all contracts concluded after the commencement of the Bill and, furthermore, that the Bill should be binding upon the State. Finally, there is the question of waiver of the benefits of the Bill. It was believed that to allow the waiver of the provisions of the Bill would neutralise the efficacy of the Bill. It was therefore proposed that any agreement or contractual term purporting to exclude the provisions of the Bill or to limit its application should be void. The closing date for comment on the discussion paper was 30 September 1996, which was extended to 15 November 1996.
A draft report will be considered by the Commission during the first quarter of 1998.
The object of this investigation is to determine the extent to which provision can be made in South African law for the recognition of Islamic law relating to marriage, matrimonial property, succession, guardianship and related aspects of family law and the law of persons.
Section 15(1) of the Constitution guarantees everyone the right to freedom of conscience, religion, thought, belief and opinion. Section 15(1) of the Constitution read with section 15(3) does not prevent legislation recognising marriages concluded under any tradition or a system of religious, personal or family law or systems of personal and family law under any tradition, or adhered to by persons professing a particular religion, provided recognition is consistent with section 15 and the other provisions of the Constitution. These provisions now provide the constitutional framework for the future recognition of Islamic marriages and related matters.
The Commission reconsidered the status of the project in 1996 and decided to accord the investigation the highest possible priority rating and to recommend the appointment of a project committee.
During March 1997 two workshops were held in order to involve the public in the planning of the investigation and to elicit nominations for appointment to the project committee. As a result of advertisements in the press and the open invitation extended at the workshops 78 nominations were received. The appointment of the project committee is under consideration by the Minister.
A project committee has been appointed to assist with the investigation.
The project committee has considered the comments received on all the working papers except working paper 61 and has assumed points of view on appropriate legislation. The names of the project committee members are contained in Annexure B.
During 1992 the project committee reconsidered its working method with a view to expediting the completion of the investigation as far as possible. It was decided, for the time being, not to distribute further working papers for comment but to prepare draft legislation on the insolvency of individuals as soon as possible. A comprehensive discussion paper (Discussion Paper 66) which contained a draft Insolvency Bill and Explanatory Memorandum was published for comment. Detailed and well-considered comments on the Draft Insolvency Bill and Explanatory Memorandum have been received. At a meeting of the insolvency project committee held on 21 October 1997 the committee considered a detailed discussion of general comments and comments on the first 32 clauses of the Bill, and gave its views on matters raised by the commentators and the researcher. The consideration of the other comments are receiving attention. According to current planning the investigation will be concluded in the course of 1998.
An interim report on trans-national insolvency has been completed but a further report is still to be completed before the project committee considers the matter. Trusts, deceased estates and the consolidation of statutory provisions on insolvency into one Act are still to be considered.
Act 32 of 1995 dealing with the protection of financial markets in the event of insolvency.
The desirability of the limitation of the delictual liability of professional persons and the possible regulation thereof by legislation are investigated in this project.
Auditors and chartered accountants are in a special position. The audit function required by law places auditors in a category that differs from those of other professions. It exposes them more to unlimited liability than for example attorneys and stockbrokers.
It is very difficult to obtain professional indemnity insurance to cover liability that auditors might incur as a result of negligence or dishonesty in the exercise of their profession.
The Commission is awaiting the response of the professions concerned to enable it to plan the further course of the investigation.
The investigation entails a comprehensive review of the Criminal Procedure Act, 51 of 1977. Owing to the extent thereof, the Commission adopted an incremental approach to the investigation. The objects are to investigate the possibility of shortening and simplifying certain cumbrous procedures that give rise to the unnecessary protraction of trials as well as investigating the influence of the Bill of Rights on the Criminal Procedure Act.
As part of the first phase of the investigation the Commission completed a report on appeal procedures and related matters during 1994 and the recommendations contained therein is at present under consideration. In the second phase of the investigation the Commission published a discussion paper which addressed the reasons for delays in the completion of criminal trials, abuses of the process, specific provisions of the Criminal Procedure Act that cause delays and problems relating to the administration of the process. During 1995 the Commission completed an interim report which dealt with these matters and legislation emanating from the report was approved by Parliament with the enactment of Criminal Law Amendment Act, 86 of 1996.
During 1996 the Minister appointed a project committee chaired by Judge L van den Heever. The names of the other project committee members are reflected in Annexure B. Since its appointment the project committee met on several occasions to plan the completion of the investigation. In the third phase of the investigation the project committee approved the publication of an issue paper dealing with access to the criminal justice system and after approval thereof by the working committee during February 1997, the issue paper was published during April 1997. The return date for comment was 30 June 1996 but was extended until 30 August 1997.
an evaluation of existing forms of punishment and compulsory sentences. The Minister of Justice also requested the committee to consider the issue of mandatory minimum sentences and such an investigation has subsequently been included in the committee's planning of the investigation.
At its meeting on 10 January 1997 the committee approved the publication of an issue paper dealing with the issues of compensation for victims of crime and victim empowerment as part of restorative justice. The publication of the issue paper was approved by the Commission's working committee during April 1997 and the issue paper was subsequently published during April 1997. The closing date for comment was 30 June 1997 but was extended until the end of September 1997.
The administration of such a scheme, including the rationale for the establishment of such a scheme, the meaning of Avictim@ for the purpose of the scheme, the nature and purview of the scheme, minimum and maximum awards in terms of the scheme, restitution for non-pecuniary loss, compensation for loss of personal property, persons qualifying for compensation, persons excluded from participation in the scheme and general principles which should be provided for in the enabling legislation, if any.
The introduction of community participation in the sentencing process by formal recognition of procedures involving victim/offender mediation, including family group conferences, community youth conferences, community aid panels and circle sentencing.
Sentencing practices in South Africa have recently been the focus of much attention in the media. As a result of the unprecedented crime wave that is sweeping our country, there has been an outcry from the community, both for more stringent punishment and that offenders should serve a more realistic portion of the sentences imposed by courts of law. The public also renewed claims for sentences which will give expression to the desire for retribution and which will demonstrate that concern for offenders must give way to concern for the protection of the public. There appears to be general dissatisfaction with the leniency of sentences imposed by courts of law for serious crimes.
At its meeting on 11 October 1997 the project committee resolved that the Commission should host an international conference on the development of a structured sentencing policy during 1998 before a discussion paper is developed on the issue. The committee also resolved that an issue paper on the expungement of the criminal record of juveniles should be developed and considered at the committee's first meeting in 1998.
The Commission has been investigating aspects of the law relating to HIV/AIDS since 1993. Since then extensive research has been done. Evidence was heard from interest groups, and a discussion document (Working Paper 58) was published for general information and comment during 1995. The comments on the Working Paper reflected differences of opinion between interest groups, inter alia regarding the Commission=s basic preliminary conclusion that an AIDS-specific statute (containing a general prohibition against unfair discrimination on the ground of HIV infection) was warranted.
After the appointment of members of the Commission=s project committee on HIV/AIDS expired, and the appointment of a new representative Law Commission at the beginning of 1996, new appointments were made to the project committee to reflect various skills and different experiences to assist the Commission with the development of a final report for consideration by the Minister of Justice. In view of the project committee's work on HIV/AIDS and the workplace, additional members were appointed to the project committee during the year under review in order to provide for representation of the interests of labour and business. Mr Justice Edwin Cameron acts as project leader. The names of the other members of the project committee are reflected in Annexure B.
The project committee is pursuing a consultative process in an attempt to resolve the differences of opinion reflected in the comments on Working Paper 58. It also follows an adapted approach of dealing with issues incrementally in an attempt to finalise them more swiftly.
The Commission's first interim report on Aspects of the Law Relating to AIDS (which was approved by the Commission during 1996) was tabled in Parliament by the Minister of Justice on 28 August 1997. The National Assembly resolved on 18 September 1997 that the recommendations in the report should be implemented urgently by the Government. The issues covered by the report were agreed by commentators to be relatively non-controversial. The recommendations deal with a limitation on the use of non-disposable syringes, needles, and other hazardous material in health care settings; the implementation, in relevant occupational legislation, of universal precautions in the work place; the statutory implementation of a national compulsory standard for condoms in accordance with international standards; the promulgation of a national policy on testing for HIV infection, and the amendment, finalisation and promulgation of the Draft Regulations Relating to Communicable Diseases and the Notification of Notifiable Medical Conditions, 1993 (which deschedule AIDS as a communicable disease in respect of which certain coercive measures apply mandatorily). It is to be noted that the latter recommendation does not concern the notification of HIV/AIDS. Draft legislation for the implementation of these recommendations is included in the report.
The advances made in medical science and especially the application of medical technology have resulted in patients living longer. This signifies a welcome prolongation of meaningful life for many patients, but the prolongation of a poor quality of life for others, which inevitably raises the question whether treatment is a benefit or a burden.
Worldwide, increased importance is being attached to a patient's autonomy and the need has therefore arisen to consider the protection of a patient's right to refuse medical treatment, particularly where the patient is no longer capable of communicating his or her wishes to the doctor. In this regard the so-called living will is relevant.
A working paper was published on 4 February 1994 for general information and comment. The aim of this investigation was to determine whether and in what circumstances actions that could indirectly end a person's life may be justified; the role that the wishes of the patient should play in this regard and the nature of the conduct that would be acceptable in cases where no instructions or requests were received from such persons.
A workshop on this topic was held on 22 June 1994. It was attended by 80 persons, including experts in the fields of medicine, law, religion and ethics.
On 18 October 1996 a second workshop was held where draft legislation was discussed. It was attended by 20 persons, all of whom were experts in the fields of medicine and law.
The right of a medical practitioner responsible for the treatment of a terminally ill patient to alleviate pain and distress by increasing the dosage of medication to be given to the patient even if the secondary effect of the medication may be that the patient=s life will be shortened.
Whether it would be lawful for a medical practitioner to actively assist a terminally ill, but mentally competent patient to die by administering or providing a lethal agent.
A draft report will be considered by the Commission during 1998.
During August 1997 the Commission published a discussion paper on customary marriages for general information and comment. The discussion paper was preceded by an issue paper on customary marriages which set out the nature of the problem in respect of customary marriages, and a range of proposals for addressing the problem: chief among these was that the law should grant full recognition to customary marriages, with the opportunity being seized at the same time to improve the position of women and children within these marriages.
Marriage and marriage laws are matters of high and immediate significance, morally, socially and economically. The Commission is under an obligation to balance the need for the speedy despatch of its business with the claims of South African society to be widely consulted and to have the issues fully debated. The discussion paper thus opts for a format in which a comprehensive set of recommendations is set out, supplemented with requests for comment on those issues which remain unresolved or appear to be amenable to several solutions.
In order to remove the anomalies created by many years of discrimination, customary marriage must now be fully recognized. To do so will comply with sections 9, 15, 30 and 31 of the Constitution, provisions which suggest that the same effect be given to African cultural institutions as to those of the Western tradition.
Legislative provision must be made for a minimum set of essential requirements for marriage.
The main requirement for a valid customary marriage should be the consent of the spouses.
All customary marriages should be registered and more people should be encouraged to register their customary marriages. To this end the traditional authorities should be constituted registering officers.
what the minimum age for marriage under customary law should be.
The return date for comment on the discussion paper is 19 January 1998.
Alternative dispute resolution (ADR) covers all forms of dispute resolution other than litigation or adjudication through the courts. It therefore includes a broad range of mechanisms and processes designed to assist parties in resolving disputes creatively and effectively. These mechanisms and processes are not intended to supplant court adjudication, but rather to supplement it. The most common types of ADR include negotiation, conciliation, mediation and arbitration.
In this investigation the Commission is addressing the question whether the administration of justice would be enhanced if a broader concept of dispute resolution could be accommodated within the formal legal system.
An issue paper dealing with all aspects of ADR was published for information and comment during the year under review.
The question whether non-adjudicative dispute resolution may be a less expensive and less conflicting way of resolving disputes and problems.
An investigation of the existing court structures and services in order to find a specific model of family mediation suitable to South African circumstances.
A series of workshops on community courts and mediation centres are being planned to be held throughout South Africa during the first quarter of 1998. Three separate discussion papers will then be developed for comments and information. The discussion papers will deal with ADR and the civil law, family mediation and community courts respectively.
The Commission has decided that the investigation should be kept in abeyance pending the finalisation of its investigation into computer related crimes (Project 108 below) in view of the overlap between the two investigations.
A discussion paper was published in October 1996 for general information and comment. The preparation of a report is receiving attention and will be finalised during 1998.
It is clear that the law does not hold an exclusive position in either the response to, or the prevention of, domestic violence. However, when victims of domestic violence do turn to the law for protection, the law should be effective and efficient in its response. The objective of the recommendations contained in the Commission=s discussion paper, published in February 1997, is to ensure that the substance and procedures of domestic violence legislation are well tailored to the needs of those suffering abuse in a domestic context.
The return date for comment on the discussion paper was 30 May 1997. A draft report will be finalised during the first half of 1998.
Legislation providing for the procedural aspects associated with the investigation and prosecution of the above-mentioned offenses.
Investigate offenses committed by means of the Internet such as the publication of pornography.
Orientation of the judiciary and investigating and prosecuting authorities in respect of the application of the above-mentioned legislation.
The project committee has decided to take an incremental approach to the investigation. The first stage of the investigation comprises the criminalisation of unlawful access to computers and the planting of computer codes, as well as procedural provisions aimed at enhancing the investigation and prosecution of these offenses. An issue paper dealing with these aspects will be published during the first half of 1998.
The background to this investigation is outlined in Chapter 4.
The investigation will focus mainly on whether the provisions contained in the Marriage Act 25 of 1961 are adequate or whether they should be amended and, in that event, the way in which such amendments should be effected.
The Commission wishes to draw attention to two of its investigations which have a direct bearing on this project, namely Customary Marriages and Islamic Marriages. The investigation into Customary Marriages has already resulted in an issue paper and a discussion paper containing preliminary recommendations, whereas the investigation into Islamic Marriages is still in its planning stage.
The Commission has invited comments of all parties who feel that they have an interest in the topic concerned or may be affected by the type of measures set out in the Marriage Act. The closing date for comments is 20 February 1998. Based on the outcome of these comments a discussion paper setting out the issues and containing preliminary recommendations and draft legislation will be prepared and distributed for general information and comment during the course of 1998.
A project committee in respect of this investigation was appointed by the Minister on 17 June 1997. The names of the project committee members are reflected in Annexure B.
Research has commenced and the first issue paper on the scope of the investigation and its underlying principles will be considered by the working committee early in 1998. Two further issue papers are planned for 1998.
A discussion paper and draft legislation will be published for general information and comment during the first half of 1998.
A discussion paper and draft legislation will be published during the first quarter of 1998.
In view of several investigations with a higher priority it was not possible to commence with research during the year under review. The investigation will commence early in 1998.
For the efficient performance of its functions, the Commission depends on the co-operation of institutions and persons that have an interest in its investigations. In order to ensure the best possible involvement of interested parties, therefore, it is the Commission=s policy to inform the public as far as possible of new investigations undertaken and of discussion papers published for general information and comment. Issue papers and discussion papers of the Commission are released by way of press statements so as to ensure good coverage. However, the Commission also of its own accord submits issue papers and discussion papers to institutions, of which it is aware, that have an interest in the investigation concerned. The reaction to these documents is an indispensable link in the process of law reform and it plays an important role in the eventual recommendations made by the Commission in its reports.
The Commission hosted three media conferences in Cape Town and two in Pretoria at which issue papers and discussions papers issued during the course of the year were released. The media conferences in Cape Town were attended by both the Minister and the Deputy Minister while the one in Pretoria was attended by the Deputy Minister. Invitations were extended to role players working in the areas concerned. There was good attendance and a live interest in the work of the Commission was shown. The conferences received television coverage. The full-time member and the secretary were interviewed on radio.
Interview with SABC-TV news on the customary marriages Discussion Paper.
Interview on Bop-TV on the functioning of the Commission.
SAFM interview on customary law and the role of the Commission.
SABC-Radio news on customary marriages.
The full-time member and the secretary deal with enquiries on the work of the Commission virtually on a daily basis. These include enquiries from the media, the professions, the universities, NGOs and members of the public.
Researchers participated in numerous radio interviews and phone-in programmes: Punt Radio; Radio Mmabatho; Kaya; Bisho; Soweto Radio.
Researcher had discussions with an international delegation of the US Citizen Ambassador Programme.
Researcher had a discussion with Natasha Cica, an Australian legislative drafter concerned with the Northern Territories Act on Euthanasia.
Researcher had a telephone conference with representatives of the Catholic Church.
Researcher had a discussion with Anthony Smits of the American firm of Hebb & Gitlin.
Researcher was interviewed on K FM, SA FM and Radio Sonder Grense.
Researcher was interviewed on Radio 702 and Radio Highveld.
Researcher attended all the meetings of the National Programme Team on Victim Empowerment established in terms of the NCPS.
Researcher attended the launch of a pilot project on victim empowerment hosted by NICRO.
Researcher and Project Committee members participated in numerous radio and newspaper interviews.
Researcher and project committee members had several discussions with various international experts on juvenile justice.
Project leaders briefed international community and the media.
Researcher was interviewed on Radio Punt.
The briefing covered the history and objectives of the Commission, its composition and its vision.
â Measures implemented to develop public participation in the Commission's activities.
â Project committees.
â Overall success achieved.
The workshops will continue early in 1998.
The Commission=s doors are open to visitors who wish to obtain information concerning its activities or who wish to discuss matters that are of interest to the Commission. During the year, numerous foreign visitors from different countries visited the offices of the Commission. The majority of visitors were interested in the changes taking place in South Africa and the role of the Commission in this process.
Researcher briefed ad hoc Parliamentary Committee.
Researcher delivered address on "Euthanasia v Palliative Care". (University of the North.
Researcher attended a workshop held by the Department of Justice's Task Team on Maintenance.
Researcher attended a workshop on the establishment of Family Courts.
Researcher gave a lecture at the Assistant Master of the High Court Seminar, Justice College.
The project committee hosted a workshop on "Medical Certificates in respect of HIV/AIDS related Deaths".
Researcher participated in a workshop hosted by the Centre for Legal Services, University of Zululand, in association with the National Human Rights Trust.
Researcher attended a workshop on the Issue Paper on Restorative Justice. (Department of Safety and Security.
Researcher attended a conference on "Criminal Justice and the Constitution" hosted by the Verloren van Themaat Centre, UNISA.
Researcher presented on the issue paper at the Tlhaole High School, Lehurutse, North-West Province.
During the year under review the Commission hosted a number of workshops in respect of its investigations into juvenile justice, sexual offences against children and the recognition of customary marriages. The particulars of the workshops appear in Chapter 6. The Commission would like to extend its appreciation to all those who participated and who favoured the Commission with their inputs and active participation in the discussions and deliberations.
Mention has already been made elsewhere in the report of the assistance of the donor community without whose support the workshops would not have been possible. The Commission would like to express its sincere appreciation for the generous assistance given by the German Government through the German Development Co-operation in respect of the customary law, the United Nations Crime Prevention and Criminal Justice Division through the United Nations Development Programme for the hosting of an international drafting workshop on juvenile justice and Rädda Barnen (SA) for its assistance with the investigation into sexual offences against children. The Commission would also like to express its appreciation to UNICEF for sponsoring the production of a video on juvenile justice which was utilised at the workshops as well as the publication of a questionnaire to supplement the issue paper.
(Present members marked with an asterisk, see Chapter 3.
(Since March 1983 a serial number has been assigned to all discussion papers - previously referred to as working papers - and only these are listed below. Discussion papers are numbered consecutively.
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Both the Commission and its secretariat are proud of the Chairperson, Mr Justice Ismail Mahomed, who has been appointed as South Africa's new Chief Justice with effect from 1 January 1997. He succeeds Chief Justice Michael Corbett who has retired. At the time of his appointment Judge Mahomed was also the Chief Justice of Namibia and the President of the Lesotho Court of Appeal. During his illustrious career he was admitted to the English Bar, became Honorary Professor of Law at the University of the Witwatersrand, was appointed Vice-President of the Constitutional Court and, apart from other awards, received honorary doctorates in law from the University of Delhi and the University of Pennsylvania.
At a cocktail party held in Judge Mahomed's honour during the Commission's last meeting in November 1996, he asserted that it is not possible to exaggerate the importance of the work of the Law Commission: it reviews the past, reforms the present and anticipates the future. He called upon the Commission to continue to play an active role in the dissemination of information. In his view the tools available to the Commission are formidable: accessibility, which is a vital part of disseminating information; the undertaking of meticulous scientific research with a view to establishing a global village as opposed to the heresy of national sovereignty, and an uncompromising commitment to integrity which is a singular quality. Judge Mahomed indicated that he has observed all these qualities among the members of the Commission and its research staff, and that he holds little doubt that the stature of the Commission will grow and with it an informed electorate.
During the course of 1996 the Commission met on 23 and 24 February, 20 April, 15 June, 31 August and 29 and 30 November. Its next meeting is due to take place in April of this year.
Interim report on legal aspects relating to AIDS (project 85).
The Hague Convention on the Civil Aspects of International Child Abduction Act 72 of 1996 which is expected to commence during the first quarter of 1997. The Act will facilitate South Africa's accession to the Hague Convention.
The Divorce Amendment Act 95 of 1996 which commenced on 22 November 1996. The Act empowers courts, in civil divorce proceedings, to take religious requirements for the dissolution of marriages into account.
The Criminal Procedure Amendment Act 86 of 1996 which is expected to commence on 14 February 1997. The Act contem-plates the simplification of criminal procedure.
The Criminal Procedure Second Amendment Act 85 of 1996 which commenced on 29 November 1996. The Act deals with the applica- tion of the trapping system.
The International Co-operation in Criminal Matters Act 75 of 1996 which is expected to commence shortly. The Act regulates procedures for co-operation with foreign countries in criminal matters.
The Proceeds of Crime Act 76 of 1996 which is expected to commence on 21 February 1996. The Act regulates procedures to restrict and confiscate the proceeds of crime and criminalises money laundering.
The Extradition Amendment Act 77 of 1996 which is expected to commence on 17 January 1996. The Act streamlines the extradition process and enhances reciprocity in extradition relations with foreign states.
Four issue papers and eight discussion papers were also published during 1996. See this newsletter and previous editions for details.
Miss Justice Leonora van den Heever: Chairperson and project leader.
Ms Charlotte McClain: University of the Western Cape.
Acting on a proposal by the Association of Arbitrators of South Africa, the South African Law Commission is currently investigating all facets of the law regarding international and domestic arbitration.
It is argued that the present South African law does not adequately provide for international commercial arbitration. The Arbitration Act 42 of 1965 contains no provisions which expressly deal with international arbitration, while the Recognition and Enforcement of Foreign Arbitral Awards Act 40 of 1977 is limited to the enforcement of foreign awards. It is further felt that the court's statutory powers and powers of assistance and supervision during the arbitral process may be excessive. The Commission believes that an effective legislative framework for the resolution of international trade disputes should be created.
A discussion paper on International Commercial Arbitration (Discussion Paper 69) was published for general information and comment in December 1996. In this paper a holistic approach to international arbitration legislation is adopted. It includes South Africa's response to the Model Law which was adopted by the United Nations Commission on International Trade Law (UNCITRAL) and which provides a framework within which international arbitration can be conducted. It also covers possible changes to the legislation on the New York Convention (currently set out in Act 40 of 1977), and the proposed accession by South Africa to the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States. The paper includes draft legislation with commentary.
Written comments or suggestions should reach the Commission by 31 March 1997. The discussion paper is obtainable free of charge from the Commission on request.
The need for an investigation into contingency fees emanated from an indication by the former Chief Justice that a system of speculative fees, approved by the Association of Law Societies, is not acceptable in terms of the common law. The Commission was subsequently requested to investigate the desirability of a system of contingency fees and published a working paper for general information and comment during March 1996. A report was approved by the Commission on 30 November 1996 and submitted to the Minister of Justice early in December.
The Commission's main recommendation is that contingency fee agreements should be legalized in South African law and that common law prohibitions on such fees should be removed. A contingency fee agreement is an agreement between a legal practitioner, such as an attorney, and his or her client to the effect that the legal practitioner will charge no fees if the client's court case is conducted unsuccessfully. The system therefore implies that a litigant may, in certain instances, instruct a legal practitioner on a "no success, no pay" basis. Up to the present such a system has not been recognised in South African law due to common law restraints. It has, however, been introduced in certain legal systems abroad, mainly because of its enormous potential to promote access to justice.
The Commission concluded that a system of contingency fees in terms of which a prospective litigant is only liable to remunerate his or her legal representative in the event of successful litigation, can contribute significantly to promote access to the courts and that such a system is desirable.
Should the client win the case, the fee payable to the legal practitioner - in terms of a contingency fee agreement - may be recovered from the proceeds of the litigation (in those cases where the claim concerned is one sounding in money) and is usually higher than the practitioner's normal fee. This is so because the legal practitioner bears the risk of not being compensated in a number of cases. In view of these risks the Commission recommends that legal practitioners, in the event of successful litigation, should be entitled to receive, in addition to their normal fees for the case in question, an uplift to a maximum of 100 per cent of their normal fees. In practice this would mean that legal practitioners will be entitled to charge double their normal fees if they conduct their clients' cases successfully.
The Commission's other recommendations involve the form and content of contingency fee agreements as well as safeguards aimed at eliminating abuse of such agreements and at protecting the interests of the public.
The Commission approved an interim report on aspects of the law relating to AIDS at its meeting on 29 November 1996.
The report contains recommendations on certain aspects concerning HIV/AIDS which warrant urgent intervention, and which from a scientific, medical and legal viewpoint appear to be relatively uncontroversial.
the promulgation of a national policy on testing for HIV/AIDS.
It should be noted that the interim report deals only with the matters indicated above. The Commission has been investigating aspects of law reform relating to HIV/AIDS since 1993. Extensive research has been done during this period. Evidence was heard from interest groups and a discussion document (Working Paper 58) was published for general information and comment during 1995. The comments on the working paper reflected differences of opinion among various interest groups. A project committee, representative of the divergent interests, was appointed during 1996 to assist in resolving the differences and in developing a draft report. The project committee employs a consultative approach in an attempt to resolve the differences. It is also following the approach of dealing with issues incrementally in an attempt to finalise them more swiftly. The interim report is a product of this approach. Subsequent interim reports will deal with other matters identified for reform.
Commissioner Jeremy Gauntlett SC recently addressed the Association of Banking Lawyers of Southern Africa on the topic of money laundering at the Rand Afrikaans University. He is a member of the Commission's project committee that drafted the proposed Bill on money laundering. Money laundering is an attempt by organised crime syndicates and those involved in the international drug trade to sever or to purify money obtained from crime from any association with the original crime itself, especially by making use of electronic banking services and open financial markets.
At present South Africa experiences international pressure to address money laundering, especially in view of the tendency of countries such as South Africa to attract money obtained from crime. The question is often posed whether legislation is really necessary. The South African Police Service is currently investigating 55 cases of money laundering. The SAPS admits that an accurate estimate of the extent of money laundering in South Africa is not possible - simply because there is no system that can be used to trace money laundering. The extent of money laundering is conservatively estimated to be in the region of R151 million. Of the 55 cases only one is receiving the attention of an attorney-general.
Los Angeles and Miami have found that the moment when control over money laundering was intensified, the movement of money in one of the cities decreased by 500 million dollars. In the USA the extent of money laundering was estimated in 1987 to be 300 billion dollars - an amount that has surely doubled since then.
The argument is also advanced that money has no "smell", and that a developing country such as South Africa should not be fastidious as to whose money it receives. Once a country's financial system has, however, been infiltrated, cleaning up at a later stage proves to be very difficult. Such money also does not assist development. Money from crime always locates the closest country with the weakest control. The money therefore suffers from inherent instability and any capital may subsequently leave a country just as quickly as it entered.
Apart from the Drugs and Drug Trafficking Act of 1992 there is no way in which the community can recover the proceeds of crime. With sufficient support from government the contemplated legislation ought to alleviate the severity of the situation.
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The purpose for the submission of the Adjustments Estimates to Parliament is to request Parliament to consider requests for funds in addition to funds already appropriated in the Main Estimate, which was tabled in Parliament in March 1997.
other adjustments that the Treasury may deem necessary.
Allow me to reflect briefly on some of the developments that have taken place since the 1997/98 Budget was tabled in this House on the 12 March 1997. It has been a challenging year. The economy slowed down somewhat more than we had anticipated and we have accordingly had to revise downward our estimate of real Gross Domestic Product (GDP). We had assumed that GDP would grow by between 2 and 2.5 percent in 1997/98. We are revising this down to between 1.5 and 1.7 percent. Inflation has also fallen faster and further than initially anticipated. This is indeed good news for the economy and in particular for the poor and vulnerable who rely on fixed incomes.
In the past few months the world economy has had to deal with the crisis in the East Asian economies. Clearly there are many lessons to be learnt from the experiences of East Asia. Perhaps the most important is that the sustainability of policies is the key to successful economic development. On a positive note, the Rand has remained relatively stable and investors are looking to our country with renewed interest. Our stable exchange rate is testimony to sound fundamentals and our collective efforts to ensure sustainable growth and development.
Madam Speaker, one of the distinguishing features of the 1997/98 Budget was the significant reprioritisation towards social development and poverty alleviation. We also committed ourselves to maintaining the stability and integrity of macroeconomic policy through our commitment to a 4 percent budget deficit.
We should remind ourselves that we are involved in a national project of transformation. Its success requires on-going reprioritisation, a continued effort to improve what we do and how we do it; better use of resources; and constant improvement of our financial and information management systems. More importantly perhaps, it requires the unwavering commitment of the political leadership and a civil service dedicated to serving the public. The absorption of the RDP projects into the main budgets of departments and provinces reflects our commitment to the transformation exercise embodied in the Reconstruction and Development Programme. No longer is the RDP an add-on to budgets. Instead, budgets are being reprioritised in line with the objectives of the RDP. As the President stated in his opening address to Parliament, "(W)e have creatively to strive to meet our obligations within the context of a reduction of the public debt. Indeed, we cannot pretend that the deficit targets we have set ourselves do not test our capacity and will. But we cannot divert from the course we have chosen. There is no other route to sustainable development." Put simply, we have to no option but to succeed.
On the fiscal management side we have indeed learnt much and notched up some significant achievements. My colleagues in the National Executive deserve to be commended for their unwavering commitment to live within their budgets and to reprioritise expenditure. In this regard the South African National Defence Force warrants special mention for its sterling efforts despite a substantial cut in its share of the Budget. It has demonstrated that with will and effort reprioritisation is possible and it is indeed possible to release resources to meet the pressing needs of our people.
The policy goals of government are reflected not only in the national budget, but also in the budgets of provincial and local governments. The 1997/98 fiscal year was the first year in which provinces were given their equitable share of nationally raised revenues and were required to develop their own budgets. These shares were determined essentially on the basis of the formula developed by the Financial and Fiscal Commission. This formula is designed to achieve an equitable division of revenue between the nine provinces over five years.
n institutional component, equally divided among the provinces.
The elements of the equitable division formula are not indicative budgets. The education, health or social security shares are not conditionally allocated to these functions. Provinces budget for these functions within their overall resource constraints. It is important to note that the national government does not control the details of these budgets. Rather it influences them indirectly through the setting of the nation's policy priorities. Given that education, health and welfare are the key elements of government's commitment to social development, it is expected that the largest share of provincial expenditures will be on these functions.
Our fiscal framework is new and evolving. The international experience with the decentralisation of large shares of public expenditure shows clearly that many of the teething problems we are experiencing are not unique to South Africa. It is widely recognised that one of the factors that can seriously undermine the success of a Constitution such as ours, which assigns the largest share of public expenditure to the provincial governments, is the lack of institutional capacity. In only four years we have had to develop and establish an entirely new fiscal framework, with new institutions, new rules, and new policies and instruments. The difficulty of the task has been exacerbated by the fact that we have had to do this whilst dealing with the excesses of the past. It is worth repeating that this is only the first year in which provinces were given their equitable shares of nationally raised revenue and required to draw up their own budgets.
There have been substantial capacity problems which have frustrated progress with implementation. In some cases, such as in our social benefits system there have been problems of fraud and ghost beneficiaries. In other areas where the exercise involved the amalgamation of more than one bantustan administration, we are still living with the problems of varied financial management systems and governments bloated by supernumerary staff. Significant capacity is required to successfully implement effective spending programmes and in some cases this capacity is still missing.
Despite all these constraints provinces have put a substantial effort into reprioritising expenditures focusing on improving management and delivery systems, implementing better financial management systems and greater efficiency and effectiveness overall. Most provinces have been able to establish a solid base on which to build transparent and successful fiscal management. This is evidenced by the fact that most provinces will not overrun their budgets.
Ultimately our shared objective is to ensure that our fiscal framework contains a transparent public expenditure management system including improved mechanisms for financial control, reporting and accounting, and the evaluation of expenditure programmes. The Medium Term Expenditure Framework (MTEF) which has now been developed goes a long way to achieving these objectives.
However, there are problems. Some provinces face irredeemable differences between revenue and expenditure. These differences cannot be dealt with through bridging finance. Rather they require structural changes which require both time and substantial capacity. The spirit of cooperative governance means that our collective efforts should go in to ensuring that all three spheres of government function efficiently and effectively. Collectively we cannot ignore structural problems and in the process weaken one or other sphere of government.
However, we also have to ensure that the focus remains on reprioritisation; on building capacity; on eliminating fraud in areas such as social security payments; on better management; on the development of a culture of public service.
The integrity of the overall fiscal system depends on our ability to understand that the Budget is a law in each sphere of government and that we all have an obligation to live within our budgets.
There have been frequent and intense interactions between the departments of Finance and State Expenditure and the provincial treasuries, as well as the national and provincial departments of education, health and welfare. Collectively we have tried to get a measure of the nature and the size of the problem we are dealing with. The MTEF process has also allowed us to understand the problems associated with the base year on which provincial budgets were developed.
We accept that many of the problems we are dealing with revolve around institutional capacity and that unless we tackle them now they will simply re-emerge at a later stage. Moreover, we have committed ourselves to transparency in fiscal management and we would be defeating this objective if we did not deal with these problems up-front.
To this end we propose to set aside a maximum of R1.5 billion to assist those provinces with critical problems. Since the objective is to assist provinces in building capacity as envisaged in Section 125(3) of the Constitution and to implement better expenditure management, accessing these monies will be done within the context of the provisions of Section 100 (1)(a) of the Constitution.
Section 100(1)(a) reads " (W)hen a province cannot or does not fulfil an executive obligation in terms of the legislation or the Constitution, the national executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation, including - issuing a directive to the provincial executive describing the extent of the failure to fulfil obligations and stating any steps required to meet its obligations." The kind of action contemplated in Section 100(1)(a) includes measures such as assistance, support, advice and coordination as suggested by the cooperative governance chapter of the Constitution.
To comply with these requirements the national and provincial government will have to negotiate an agreement in the form of a directive to be entered into between the national executive and the provincial executive.
This agreement must include a detailed plan for achieving a reorganisation and rationalisation of the Provincial administration and services to bring expenditure commitments in line with available resources. The decision to act in terms of Section 100 (1)(a) shall be gazetted and made public by the President.
It is important to note that this is not a bail-out, nor does it reward those provinces that have not succeeded in managing their affairs within the available resource envelope. Quite the contrary, the package we are putting forward requires a substantial response from those provinces which feel that their problems are of such a nature that they need to access this money. This is also not about apportioning blame. It is about taking collective responsibility for ensuring that our fiscal system has integrity and that fiscal policy remains on track.
We express our admiration for those provinces who have succeeded in difficult circumstances to live within their budgets, thereby contributing positively to the transformation agenda. We believe that the problems we are now experiencing will, with courage, determination and collaborative effort be overcome.
Madam Speaker, this House is well aware of our attempts to reduce the level of roll-over funds. It was customary in the past to accept that the amount indicated in the Adjustments Estimate as roll-over funds would automatically be rolled-over into the next fiscal year. Strict rules were, however, introduced during 1997 to deal with this, and it was therefore possible to manage rollovers down from R8.9 billion in 1996/97 to R4.8 billion in 1997/98. Early indications are that the level of roll-over funds will be managed downwards to R3.6 billion in 1998/99.
Where does this leave our deficit target of 4 percent Without the R1.5 billion additional provision for the provinces and the reduction in the provision for roll-overs, we would have comfortably met our target. As I noted in my introductory comments we have revised GDP growth down to 1.5 percent for the fiscal year. Based on a revised GDP of R613 billion, the deficit, after taking account of the R1.5 billion for provinces and the lower roll-over allowance, will be 4.3 percent of GDP. This will mean that we will have managed the deficit down from 5.4 percent in 1996/97 to 4.3 percent in 1997/98. This is a significant achievement, one that has taken an enormous amount of discipline and commitment and something that we as a country should be proud of?
Madam Speaker, in the Budget we presented to Parliament on 12 March 1997 we budgeted for a total estimated expenditure level of R 186,746 billion. This was made up as follows: expenditure included in the first Printed Estimate (RP 2), or the so called "White Book", and the Supplementary Estimate (RP 4) totalling R 184,772 billion; less a saving of R 400 million due to a reduction in the employer's rate of contribution to the government employees pension fund; plus expenditure of R 2,074 billion (included in this amount was a contingency reserve of R 1 billion) which was identified for inclusion in the Adjustments Estimates, and R300 million for standing appropriations. This was to be financed by total revenues and grants of R 161,976 billion resulting in a deficit before borrowing of R 24,770 billion or 4 percent of GDP.
The Adjustments Estimate placed before Parliament today seeks to increase total estimated expenditure to R 189,471 billion. Financing the additional expenditure will require an increase in the deficit before borrowing to R26,359 billion or 4,3 percent of the revised GDP of R 613 billion. The balance is dealt with through the revenues from externally funded services of R527,8 million; the decrease in standing appropriations of R 262,5 million and additional transfers amounting to R 450 million.
The detailed explanatory memorandum setting out the Adjustments Estimates for 1997/98 is tabled here today.
The Adjustments Estimate Bill we place before Parliament today is a further reflection of our commitment to sound and sustainable public finances. We believe strongly that the course we are steering in respect of fiscal management across the three spheres of government is the correct one.
To succeed, fiscal decentralisation requires a high degree of cooperation and coordination between the three spheres of government. In the second half of last year, Parliament passed legislation establishing the Budget Council and the Budget Forum. As 'Team Finance' my colleagues the MEC's for Finance and I meet regularly. The departments of finance and state expenditure also meet regularly with their colleagues in the provincial treasuries. We have also set up task teams on education, health and welfare which draw in the officials from both the national and provincial departments.
Better systems are key to successful fiscal management and a renewed effort will be made to improve both our financial and management information systems. Most important of all is the need to build capacity and here all South Africans and in particular the business community can play an important role.
Madam Speaker I would like to take this opportunity to thank the President, Deputy President and my Cabinet colleagues for their support and commitment to fiscal discipline. I would also like to thank my colleagues the MEC's for Finance. This has been a challenging year for "Team Finance", but I believe that collectively we can build a strong and sustainable fiscal framework. I would also like to express my appreciation to Deputy Minister Gill Marcus for her support and hard work. My thanks go also to the Departments of Finance, State Expenditure and SARS for commitment, dedication and hard work in what is a difficult and challenging environment. Last but not least, I would like to thank the Honourable Members of this Parliament, and in particular the Standing Committee on Finance, for hearing us out today.
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Description : ADDRESS TO SOCIETE GENERALE FRANKEL POLLAK 21ST ANNUAL INVESTMENT CONFERENCE Date : 24 FEBRUARY 1998 Speaker : MR.
Two weeks tomorrow I present the 1998/99 Budget in Parliament in Cape Town. The day remains one of the highlights of our year, but as the years pass, so many of our cards are on the table already, and our policy base so well established, that the event becomes less and less of the red briefcase variety shrouded in secrecy and surprises. It's more of a milestone along the road to achieving our economic objectives.
Our economic objectives are well known. Our goal is to transform this economy from one characterised by low growth, high inflation, periodic balance of payments difficulties and huge disparities in income and access to services, to a fast growing economy with stable prices in which opportunity and infrastructure are equitably shared. To this end, we have adopted the economic strategy we call the Growth, Employment and Redistribution strategy.
The topic I have been asked to address today is: what progress have we made with that strategy To the extent that the Budget is a vehicle for such a report-back, my comments must be limited so as to not steal whatever thunder is left in our ever-more transparent process?
I am confident that we are well on the way to achieving our economic policy objectives. Economics is an imprecise science, so the Growth, Employment and Redistribution strategy should not be judged on a set of projections made at a point in time, but on the extent to which there is evidence of the structural transformation in the economy.
Such evidence abounds. One of the most impressive areas has been in our export penetration. GEAR recognised that without a sustained increase in South Africa's export performance, the growth of this economy would forever be hostage to the balance of payments. Export growth since the GEAR was announced has far exceeded expectations. Non-gold exports grew by 12,1% in 1996 and 9,3% in 1997, against projections of 9,1% and 8% respectively. The resulting reduction in the current account deficit played an important role in protecting the currency during the global turbulence that has so affected countries in Asia.
Not only have exports grown strongly, but they have grown way in excess of what could have been projected on the basis of price and demand trends in our major export market. This indicates that South African firms are capturing market share and are able to do so on the basis of improved competitiveness. Although one must take surveys at their face value, it was interesting to note the finding by the Economist Intelligence Unit in their recent study, that of 32 similar countries measured, South Africa is the cheapest place to do business.
GEAR identified that price stability was crucial to improved confidence and investment in South Africa. Inflation was projected to be 8% in 1996 and 9,7% in 1997. In fact, inflation averaged 7,4% and 8,6% respectively and is anticipated to fall further in 1998. The long-term decline in the level of inflation is very good news for investment and the long-term stability of the currency. Lower inflation also protects the poor and vulnerable by protecting their incomes. The fact that price stability has been maintained despite the depreciation of the rand also speaks of the ability of South African firms to source imports in such a way so as not to pass on the impact of the depreciation in price changes to the detriment of consumers.
Achieving price stability is strongly supported by the attainment of the fiscal targets set out in the GEAR. Despite the huge challenge of integrating the previous administration and the development of a new structure of government involving three autonomous spheres, we have come laudably close to meeting our fiscal targets. Despite lower growth and inflation than projected in 1997/1998, the budget deficit is not anticipated to exceed 4,3% of GDP, down a full percentage point from the previous year, and dramatically less than when this government assumed office.
Achieving fiscal discipline has not been at the expense of delivery. In the past year alone, a further 600 000 people have gained access to clean drinking water, 421 000 new telephone and 400 000 electricity connections have been made. In that bad news usually sells well, you will have heard a lot about the difficulties in some of the provinces that caused pensioners to receive their pensions late, but you probably would not know that the government provides social pensions of R470 per month to over two and a half million people which includes seven hundred thousand people who receive disability pensions. South Africa today has one of the bestdeveloped systems of social security provision for the elderly of any country of a similar income. You would have heard about hospitals that are threatened with closure, but not of the 302 new clinics, 122 clinics that would have been extended or upgraded and 56 mobile clinics provided by the end of 1997. Similarly of the immunisation of over eight million children against measles, the five million immunized against polio and that seven out of 10 children are fully immunised and nine out of 10 have an immunisation card.
On the subject of fiscal policy, another of the core pillars of the GEAR is that of Budget reform, and in this we have made significant progress.
co-operative teams, consisting of national and provincial treasuries and line departments, have analysed key sectors and reported to Cabinet and Executive Councils, which has meant that quantified, analysed policy options have been presented to political office bearers for decision; and we published, on the 2nd December last year, a Medium Term Budget Policy Statement, to enable Parliament and the institutions of civil society to participate meaningfully in the debate.
We have thus moved to a much more transparent process, which also allows for a lot more certainty. Credibility is enhanced as investors are able to see the longer term commitments of government. Line departments and provinces will now be able to plan their spending to a much greater degree.
Although we have not achieved the growth targets set out in GEAR, the lower than expected GDP growth must be seen in the context of increased price stability and improved export performance. The fact that our economy has thus far withstood the ravages of the Asian market crisis, with a currency that actually appreciated 1% in 1997, indicates that our fundamentals are strong. Let me be the first to say, however, that one is never out of the woods, and we can never become complacent.
The continued decline in formal sector employment remains a crucial concern to policy makers. We should recognise that the prospects for a recovery in employment in manufacturing are good. Infrastructure expansion will also continue to create some jobs, with the Development Bank alone expecting to contribute to 60 000 new jobs this year flowing from new infrastructural projects it intends to finance. We are also seeing the outsourcing of non-core services and supplies to unmeasured small business agencies, consultancies or producers, and that semiformal or informal modes of employment are rising relative to formal modes of employment. We believe that much of the employment growth that is occurring will remain unrecorded until the revamp of the employment statistics which is currently underway at the Central Statistical Services produces results.
Although Government should not be seen as an employment agency, through various infrastructure and public works projects, building of roads and labour-based poverty relief programmes, government programmes are estimated to have generated 50 000 employment opportunities in 1996 and early estimates indicated that this figure was even higher in 1997. In the 1997/98 budget, government allocated R300 million for labour-based poverty relief programmes, aimed specifically at rural areas and those which most affect women and children.
It should also be noted that productivity growth has improved dramatically from a low of less than 1 percent throughout the 1980's to an average increase of 2% between 1991 and 1995. In 1996 it increased at an average annual rate of 3 percent and 4 percent in the third quarter of 1997.
To sum up, therefore, although there are areas of our economic strategies that are taking longer to show results, there is still considerable evidence that the economy is undergoing a period of profound transformation, and in the manner we envisaged in the GEAR programme.
In approaching the remaining years of this century, we are still having to deal with a past that meant excess for a few and poverty for many. The road to reducing poverty through a sustainable improvement in the economic circumstances of all citizens is going to require further discipline, but we are confident that it is the correct road, and that it will lead to the future that this country deserves.
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The Department of Finance's new Internet Web Site - www.finance.gov.za - will be fully operational as from Monday March 9 1998. Full details of the national budget will be posted, including the text of the Budget Speech, when the Minister of Finance starts his Speech in Parliament on Wednesday, 11 March 1998, at around 14:00.
This is another step in the Department of Finance's progress towards communicating government economic policy consistently and transparently. The site will be updated regularly with fresh information.
The latest news from the department, including press releases, speeches and other economic information.
A section with information about tax policy, macro-economic policy, intergovernmental relations, international development finance and more.
The organisational structure, curriculum vitae and photographs of the top management, a listing of job opportunities and a feedback facility to enable the public to submit any comments to the department.
A general section, including a handy user's guide, a site search facility and a page containing links to other relevant financial Internet Sites.
The previous Budget Web Site will be fully incorporated in the new Department of Finance Web Site.
Technical and other general queries about the web site can be made to Mollie Kruger on (012) 315-5073.
A further service that the Department of Finance is offering is an email list for the Budget Speech. E-mail addresses may be forwarded to info@finance.pwv.gov.za in order to receive the speech when the minister begins speaking on March 11 1998.
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The Ministry of Finance has learnt with surprise and regret that Standard & Poor's has not upgraded South Africa's foreign and local currency ratings. Their decision and motivation is not something with which we can agree.
The strengthening political stability.
growth has not matched expectations employment creation is still a major concern.
However, on many of the indicators that S & P's mentioned concern, there seem to be contradictions with the salient facts of South Africa's current economic fundamentals. South Africa has made substantial progress in bringing down both the inflation rate and the fiscal deficit. Trends in inflation, as well as inflation projections certainly do not indicate high inflation expectations. (The average for PPI in 1995 was 9,6%, in 1996, it was 6,9% and the most recent figure is 3,2% year on year.) On the question of South Africa's external liquidity position, we would note the difference between our current account deficit, at 2%, and the 4,5% and higher deficit of many BBB rated countries. In terms of our reserves, when S&P's confirmed our rating in October 1996, the reserves were standing at R10,3bn. With reserves now standing at R30,9 billion, this figure has tripled. The statement does not take cognisance of the fact that our budget deficit has come down markedly over the past two years, and that our debt burden is far less onerous than many other countries in the same group. Furthermore, we do not agree with S&P's view on provincial spending pressures and what this means for the deficit.
S & P's long-term foreign currency ratings remain out of line with other recent ratings despite the fact that our position has fundamentally improved since we received ratings from Moody's (Baa3); Duff and Phelps (BBB-); and Nippon (BBB), which are all investment grades.
South Africa remains committed to prudent monetary and fiscal policies and we believe that the policies that we have adopted will lead us onto a sustainable growth path.
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Madam Speaker, the Budget is about people, not numbers. It is an opportunity for us to reflect on the goals and aspirations of our people. To reflect on the South Africa that now exists; the South Africa from which we have come; and the South Africa which we are building for our children.
We reaffirm our unshakeable belief that we shall overcome the legacy of our past. Our struggle was never only about political democracy. It was and is about equity, about access to resources, about decent housing. It is about schools and the education of our children. It is about wiping away the hunger and the fear on children's faces. It is about lifting the despair of poverty from a parent's shoulders. It is about reaching out to the grandmother so as to ease the years of pain and humiliation etched into her face. It is about eliminating the hopelessness and despair of being jobless. It is indeed, about our families and our communities and the safety and well-being of our society.
As we stride into the new millennium we do so with the confidence that our programme for transformation is well on course. The Budget we place before Parliament today provides an expenditure framework for taking the Reconstruction and Development Programme into the 21st century.
The Reconstruction and Development Programme (RDP) is the policy framework within which the Government pursues its objectives. Our strategy for Growth, Employment and Redistribution (GEAR) is one of the principal instruments for realising these objectives.
The RDP and GEAR are as much about addressing the needs of our people today as they are about creating a strong country and economy - so that the legacy we leave our children and grandchildren is one we, and they, can be proud of.
We have increased the number of children going to school by 10 per cent since 1994. Schools, colleges, universities and technikons enrol 13 million learners - one third of the population.
We now provide a meal daily to 5 million primary schoolchildren - improving their ability to learn and giving food to children who would otherwise go hungry.
500 new clinics have been built, bringing health services closer to 5 million people. We provide largely free health care to 32 million people without medical aid.
Since 1994, a million women and children in rural areas have gained access to a clean water supply.
1,5 million homes have been connected to an electricity supply, creating new incomeearning opportunities for over 4 million people.
385 000 houses have been built, and 700 000 housing subsidies have been earmarked.
900 projects of the community-based public works programme have been implemented, creating about 40 000 job opportunities.
We have built solid foundations. We are proud of how far we have come. We have continued to transform our public services, to make them more equitable and more efficient. We have implemented new arrangements for budgeting by national, provincial and local government. And over the past year, we have consolidated our economic strength, and withstood the global economic storm.
We know that there are no short-cuts. Achieving sustainable growth and development requires making choices, sometimes difficult choices. It means prioritising and reprioritising. It demands a constant and honest evaluation of what we are doing and how we are doing it. It means that we have to strive to do things better.
Government's resources are finite. We can only plan to spend what we collect in taxes and what we additionally borrow at great cost from the nation's savings. Therefore we have to manage our resources prudently, focusing on the need to ensure value for money.
In addition, we have to root out corruption to ensure that every rand is spent on delivering better services to more people. Corruption eats away at the fabric of society. For that reason we have to do everything in our power to uproot it, in government and business.
Every year the Budget presents government with a unique opportunity to exercise choices to further the objectives embodied in the RDP. The Budget is the practical expression of our policies and programmes. It gives substance to what we can do today, while strengthening the possibilities for a better future for our children and their children.
Government alone cannot achieve the equity and prosperity that present and future generations demand of us. This is a collective endeavour, one that as South Africans we must all embrace. As a nation we must be unequivocal in our commitment to achieving a better life for all. The future holds opportunities we cannot afford to ignore. To ignore them means admitting failure and as South Africans this is something we cannot allow - not for ourselves, not for our children, not for our region, nor our continent.
But in truth the reconstruction and development of our country started a mere four years ago. To address this immense task successfully, we should not underestimate the enormity of the inherited problems and we must recognise that the project will not be concluded in a short period.
As elected representatives of the people we must all be restless about the pace and quality of change. We can and must do more. We must do more to create jobs and prosperity. We must go on extending the opportunity of education, health care, of decent homes and better services. Through all of this we must remain guided by the right of people to dignity and self-esteem.
The Budget we place before this Parliament marks a radical departure from the past. Since the Budget is about the present and the future, Government has decided that the Budget should reflect both short-term and long-term decisions.
Consequently, we have developed a three-year Medium Term Expenditure Framework (MTEF) which allows us for the first time to present to this Parliament spending plans for the next three years.
The Medium Term Expenditure Framework is the operational plan by which we give substance to our reconstruction and development endeavours.
The first and most important goal of the MTEF is to strengthen political decision-making in the budget process. It has enabled Cabinet to make the link between the budget allocations, and the services that we intend to deliver. It has translated abstract choices about budgets into concrete choices about priorities. The medium term plans we are presenting today reflect those choices. The second goal of the MTEF is to strengthen co-operative governance and decision making, and provide a budget framework which reflects our shared goals for the country.
The third goal of the MTEF is to make sure that every rand goes further: to deliver better services, more infrastructure, more poverty relief, and more reconstruction.
The fourth goal of the MTEF is to create an environment where public services can plan over the medium term, in the knowledge of how their budget is likely to evolve, improving over time the value for money and so delivering more and better services.
In the years ahead, the analysis underlying the MTEF will provide a tool which relates what we spend to what we buy. As this framework develops, we will focus more and more attention on reviewing the outputs of all spending programmes and activities. The point we want to get to is one where we will not ask Parliament to allocate money without a clear agreement about what that money is going to buy.
Finally, the Medium Term Expenditure Framework makes an important contribution to the transparency and openness of budget policy making.
The Budget Review which we publish today sets out spending plans for the national departments for the next three years, and summarises the spending projections of the provincial governments.
The role of Parliament is critical to the MTEF process. We will be voting on the 1998/99 national budget with the knowledge of the projections for the two subsequent years. Parliament therefore has a long lead time to discuss and debate the priorities and forward spending trends. As in the past, the expenditure estimates for the year ahead, 1998/99, are set out in detail in the Estimate of Expenditure to be defrayed from the National Revenue Fund - the so-called "White Book" - which I table here today. The main Appropriations come before Parliament to be voted. Once these and any supplementary proposals are approved by Parliament, they will be published in the Second and Final Print of the Estimate of Expenditure - the "Blue Book". Government departments are authorised to spend only these amounts approved by Parliament.
This is the first Budget to be compiled under our new Constitution, and to give effect to the new framework of relations between national, provincial and local Government. The 1998 Budget marks the introduction of an equitable share of revenue for local government.
To comply with the Constitution and the Intergovernmental Fiscal Relations Act, I am today tabling the Division of Revenue Bill, which sets out how national revenues are divided between the three spheres of government in 1998/99. It is accompanied by a memorandum that explains this division in detail. A Division of Revenue Bill will be tabled each year with the Budget.
After first setting aside enough to pay the interest costs on the nation's debt and a contingency reserve, funds are allocated to the three spheres of government.
Provinces will receive an equitable share of R79,1 billion in 1998/99, plus various conditional grants, which raises the provincial allocation to over R90 billion. While conditional grants meet specific purposes, the equitable share is designed to effect equity.
Local government's equitable share for 1998/99 will be R1,0 billion.
Each province determines its own priorities and draws up a budget in accordance with the resources it has available. With these powers come responsibility and accountability. Each province must make sure that it budgets adequately for each of the services that it provides.
The new intergovernmental fiscal system is significantly different from previous arrangements. The evolution of the new system has been accompanied by several difficulties. Strengthened cooperation between national government and provinces has contributed to resolving these problems in 1997 and lays a firm foundation for future coordination of medium term budgeting.
Our policies recognise that a strong growing economy is essential to our vision of jobs, opportunity and a decent life for all. The driving force for growth is investment, investment in factories and machinery, investment in roads and houses and clinics, investment in people and their skills.
Since 1994, physical investment has increased on average by 7 per cent a year in real terms. We have similarly increased spending on education and training. The fruits of these investments are readily apparent in improved productivity, particularly in manufacturing and export-oriented business.
Sustained investment growth is the outcome of sound and credible policies.
we need to avoid inflation eroding the value of savings and wages; and we need to ensure that our capacity to export competitively keeps pace with our demand for foreign-produced goods.
The economy grew by 1,7 per cent in 1997. This is below the growth expected at this time last year. We have had to take account of this in determining the resources available for government spending in the new year.
We expect investment growth to strengthen in 1998 and 1999 as export opportunities expand and domestic demand recovers. Strong productivity improvements in manufacturing have laid a firm foundation for steady growth.
We remain confident that growth of gross domestic product (GDP) of about 3 per cent will be achieved in 1998/99, rising to 4 per cent and higher as we move into the next century.
The decline in inflation has been a positive feature of the years since 1994. Persistently high inflation not only erodes incomes and distorts prices, it also entrenches a culture of dissaving because the future value of money loses meaning. We have paid a high price for inflation in both investor uncertainty and prohibitive interest rates for too long.
We project that inflation will fall to 5 per cent by 2000/01. We recognise that prices could stabilise even further, in which case our forward projections would adjust accordingly.
It is pleasing to note that improved productivity has enabled wages and salaries to increase faster than prices in several sectors. The industrial relations environment has improved considerably, in no small measure because of the efforts of the Commission for Conciliation, Mediation and Arbitration. A healthy industrial bargaining framework is one of the strengths on which we are able to build.
Creating an export-oriented economy is a key aspect of our economic strategy. The contribution of exports to GDP has increased from 27,6 per cent in 1994 to 32,8 per cent in 1997. This is a key signal of the success of our economic framework. In the three years ahead, exports are projected to grow strongly and the current account is expected to show a deficit of between 1,5 and 2 percent of GDP.
Investment must be financed by savings. Since we do not generate sufficient domestic savings to finance the levels of investment we need, we must attract foreign savings as well.
Together with the growing interest of foreign firms in direct investment, an inward flow of portfolio investment permits the economy to invest somewhat ahead of our own rate of saving. Non-residents' net purchases of bonds and equities increased from R3,4 billion in 1996 to R14,8 billion in 1997.
Gross gold and foreign exchange reserves increased By R19,8 billion in 1997 to R 36,6 billion at the end of December. This is equivalent to the value of about 10 weeks imports of goods and services.
Since government spends more than it receives in taxes and other revenues, it has to borrow. Like any household we have to borrow to finance the additional expenditure, and the more we borrow the more we have to pay in interest and the less there is available for other things.
High levels of public debt also put an enormous burden on future generations. If we borrow now, it is our children who ultimately have to pay.
Sound fiscal management is a key component of our economic policy. One important measure of this is the fiscal deficit. This government has succeeded in bringing down the deficit from 10,2 per cent of GDP in 1993/94 to a projected 4,3 per cent in 1997/98. We have done this whilst extending more and better services to more people.
The gap between revenue and expenditure in the budget tabled today is 3,5 per cent of GDP. We anticipate that the national budget deficit will be kept to 3,0 per cent in the subsequent two financial years.
In line with our policy of exchange control reform, Government will seek to ensure that the lifting of the remaining exchange controls occurs without placing undue pressure on the balance of payments.
The changes announced today have two key objectives: to strengthen South Africa's commitment to the Southern African Development Community (SADC) region through measures designed to facilitate regional capital market integration; and second, to increase the limits on the activities of individuals, corporations and financial institutions.
For new investments in SADC, South African corporations are currently allowed to transfer up to R50 million. This limit is now increased to R250 million. The limit of R30 million for offshore investment is now increased to R50 million.
In terms of existing policy private individuals are permitted to invest R200 000 per person offshore, provided they are over 18 and taxpayers in good standing. We are now increasing this limit to R400 000. However, instead of the current process which requires a declaration of good standing, a clearance certificate will have to be obtained from SARS prior to the approval of any foreign investment.
A range of other measures will also be introduced today. I have asked the South African Reserve Bank to set these out in a press statement.
Madam Speaker, I now turn to our spending plans for the next three years.
The expenditure estimates for 1998/99 are summarised in the Budget Review, together with forward estimates for the 1999/00 and 2000/01 years.
Transforming the organs of government to reflect the developmental and people-centred nature of our democratic state.
The national Budget provides for expenditure of R201 billion for 1998/99, which is 6,4 per cent above the revised 1997/98 expenditure level. After meeting the cost of state debt, spending will be R159 billion.
more than R45 billion will be spent on education, 28 per cent; and spending on housing programmes and subsidies will remain above R3,5 billion a year.
spending on land redistribution and land reform will grow from R685 million to R967 million by 2000/01; and allocations for poverty relief projects will rise from R500 million in 1998/99 to R800 million in 2000/01.
Madam Speaker, we inherited large backlogs in our social services. Over the last two years, we have increased non-interest spending by 18 per cent, to enable us to address some of these backlogs. Growth over the next three years will be more modest, building on this substantial increase that has already occurred.
One of the most redistributive spending programmes is social security and welfare. Social grants are paid to over 3 million beneficiaries, and are a crucial source of income to poor households, particularly in rural areas. Welfare and social security spending represents Government's primary investment in poverty alleviation.
We have substantially increased spending on welfare - from R14 billion in 1995/96 to R19 billion in 1998/99. And we have budgeted for it to increase further to over R21 billion in 2000/01.
In a drive to uproot corruption and eliminate fraud, the Department of Welfare and provincial authorities have embarked on a project to re-register about 3 million beneficiaries of social grants and pensions. This process will enable us to update and correct the data in the system, and so eliminate duplicate claims, ghost beneficiaries, syndicates and cross-provincial payments. For those who are genuinely entitled to benefits, it will mean a more efficient payment system.
The main increase in health spending occurred in 1996/97 when spending increased by 24 per cent on the previous year, from R 17 billion to R 21 billion.
A new conditional grant mechanism has been put in place for support of health professional training and research and for central hospitals. Funds have been set aside for initiating a hospital rehabilitation programme. Provincial health expenditure is projected to increase by around 5 per cent a year over the next three years.
Provision of housing under the capital subsidy scheme has gained momentum, with expenditure reaching between R250 million and R300 million monthly in 1997/98. The lead time for approval of a housing project to its commencement has been reduced from eighteen to under ten months.
second, restitution of land rights - to restore land which was taken from people by apartheid after 1913; and third, tenure reform - to provide secure land tenure and to resolve overlapping and conflicting rights and claims to the same land.
The RDP water and sanitation programme will bring 25 litres of drinkable water per person per day to all communities by the year 2004. Over 1 020 water supply projects have been identified, are underway or have been completed, bringing safe water to 8,9 million people.
The working for water programme clears invading alien plants. These are labour-intensive programmes mainly located in areas of extreme poverty. This is a valuable poverty relief initiative. Employment creation is sustained through the restoration and maintenance of cleared areas. Some 7 000 hectares have been cleared and 38 000 jobs created, mainly benefiting women.
The community based public works programme adopted in 1994 aims to contribute to infrastructural development through labour-based construction, especially targeting women. Over 900 projects have been implemented, mainly in poor rural communities, creating over 40 000 job opportunities.
This Government's commitment to human resource development is evidenced by the fact that we continue to spend more on education than on any other function. Education spending accounts for more than 25 per cent of non-interest spending and approximately one-third of public sector employment.
Spending is estimated to have increased by a striking 25 per cent in 1996/97, raising significantly the base for education spending. Education spending is set to increase further, from R45 billion in 1998/99 to over R50 billion by the end of the MTEF period.
Capital expenditure financed by the national and provincial governments is projected to increase from R 14,8 billion in 1997/98 to R16,3 billion by the end of the MTEF period. Capital spending by public corporations is also expected to grow over this period, bringing the projected contribution of the public sector to gross domestic fixed investment to about R56 billion in 2000/01, or about 7 per cent of GDP.
Madam Speaker, as well as social services, our RDP goals commit us to substantial investment in the nation's infrastructure. This is particularly important if we are to deliver services more equitably. From the national budget there are a number of substantial capital spending programmes.
Capital spending on the Transport vote amounting to R742 million in 1998/99, rising to R 1,1 billion in 2000/01, mainly for roads projects; and an additional R300 million for infrastructure development, to be allocated once project proposals have been considered early in the fiscal year.
The Government aims to extend the delivery of basic services by bringing private sector finance into infrastructure projects. Business partnerships are encouraged between municipalities and private concerns for financing, extending, operating and management of infrastructure services. A total of 18 pilot projects have been established in urban and rural areas country-wide, including water, sanitation, refuse collection and transport projects. During the 1997/98 financial year, the private sector invested R1 billion in these projects - R5 for every R1 spent by Government.
Tourism promotion receives R71 million of the Environmental Affairs and Tourism vote in 1998/99.
Government plans to increase spending on justice, police and prisons by an average of 7,8 per cent a year over the MTEF period, together with improved coordination between components of the criminal justice system and a renewed focus on integrated community policing.
The Defence vote is R10 billion in 1998/99, increasing to R11 billion in 2000/01.
The pace of change in the public service will be accelerated in 1998. The effectiveness of the public service is vital for the realisation of Government's vision of improved and more equitable service delivery. The right-sizing of the public service is essential for the success of the RDP. As the President said in his opening address to Parliament: "Apartheid South Africa was overgoverned and over supervised. The size of the public service had nothing to do with public service. Government is not an employment agency. Put in simple terms, we need to cut spending in personnel."
Transformation requires that we have a motivated, well-trained and cost-effective public service dedicated to serving the public.
R100 million on the vote of the Department of State Expenditure for enhancing financial management in national and provincial departments.
R200 million on the vote of Education and R100 million on the vote of Welfare to contribute to improved management and modernised information systems in the provinces.
Our spending commitments, unhappily, have other implications. I now turn to the revenue proposals for 1998/99.
Government aims to maintain and strengthen a tax system that is fair, equitable and efficient. Over the past three years we have made significant progress in removing distortions that encourage tax structuring and interfere with tax fairness. Our tax proposals this year build on this programme.
Recognising that without good administration, tax policy and tax law cannot be given practical effect, we have given priority over the past two years to building the administrative capacity of the South African Revenue Service (SARS).
The resilience of revenue collections in 1997/98, despite a slowdown in economic performance, is testimony to the success of these reforms.
The revised revenue estimate for 1997/98 is R162,6 billion, which is 0,4 per cent higher that the original budget estimate and constitutes 26,5 per cent of GDP.
This includes certain once-off repayments announced in the Adjustments Budget. Excluding these items, total receipts are expected to be within 0,1 per cent of the corresponding 1997 budget estimate. Details are set out in the Budget Review.
Before taking into account tax changes, expected revenue in 1998/99 is estimated as R174,3 billion.
Today's tax proposals bring the estimated revenue for the year to R177,6 billion, which is 26,5 per cent of GDP, unchanged on last year. The main proposals are as follows.
In 1997/98 we spent R2,8 billion on providing tax relief to lower income earners and restructuring personal income taxes.
We now propose to go much further. Bracket creep occurs when salaries and wages increase with inflation and tax thresholds are left unchanged, putting taxpayers in higher tax brackets and reducing after-tax income in real terms. In 1998/99 we will eliminate bracket creep and by doing so we will put R3,7 billion back in taxpayers' pockets.
This means, for example, that a person under the age of 65 and earning R25 000 per year will pay R300 less tax per year - a 12 per cent reduction in tax liability.
It is proposed that the primary rebate be increased from R3 215 to R3 515 and that the rebate in respect of individuals who are 65 years of age and older be increased from R2 500 to R2 660. The marginal rate applicable to taxpayers with taxable income in the range from R46 000 to R60 000 is reduced from 41 per cent to 39 per cent. The number of income brackets is reduced from 7 to 6. The level of income where the maximum marginal rate of 45 per cent is reached, is increased from R100 000 to R120 000.
Bracket creep affects lower and middle income taxpayers particularly severely, and so nearly half of the relief granted will go to individuals with taxable incomes of less than R60 000 per year.
Members of the House will remember that SARS was asked for the current year to collect an additional R2,5 billion. A base broadening programme is in progress, bringing more taxpayers onto the register and raising awareness of the penalties attached to non-compliance. Next year the revenue services expects to collect an additional R2 billion by way of efficiency gains and broadening the tax base. It is this effort that enables Government to make these concessions. Improved tax administration makes lower rates of tax on individuals possible.
On the other hand, tax evasion imposes higher tax rates on honest taxpayers.
It is only right that those who pay their due should know whose tax default they are paying for. It is accordingly proposed that the tax laws should be amended to provide for the publication of the names of persons convicted of offences in terms of these laws.
Last year it was announced that an individual or company wanting to avail themselves of foreign currency, would be required to submit a declaration of good standing. About 4 800 investors invested approximately R610 million offshore up to 2 January 1998. Of these, it appears that 17 per cent are taxpayers who had not submitted their returns timeously, were not registered for tax purposes, or are in arrears.
These irregularities are being followed up by SARS. Changes to the procedures with regard to the declaration of good standing will be implemented. A clearance certificate will now have to be obtained from SARS prior to the approval of any foreign investment.
Aggressive structuring of salary packages erodes the tax base and puts lower paid workers who do not enjoy the same degree of tax mobility at a disadvantage. Moreover, it discriminates against smaller firms who generally do not have the capacity to manage complex remuneration packages.
Consistent with the policy stance adopted in the 1997 Budget and in line with the recommendations of the Katz Commission a number of additional measures are introduced in the 1998/99 fiscal year.
We have become aware that increasingly contributions to medical fund schemes are being used to structure salary packages in a way that was never intended by the Income Tax Act. In its Sixth Report the Katz Commission considered this issue and recommended that the deductibility of the employer's contribution be limited on a rand for rand basis.
The principle set out by the Katz Commission has been accepted by the Portfolio Committee on Finance. Having taken account of their deliberations, as from 1 April 1998, the amount by which the employer's contribution to a medical scheme on behalf of an employee exceeds two-thirds of the total contribution, will be taxed as a fringe benefit in the hands of the employee. This proposal is expected to yield R700 million in 1998/99.
Last year certain measures were proposed to determine the taxable value of residential accommodation provided to employees by employers. To address uncertainties about the impact of the proposals, they were held over until 1998. Discussions with various interested parties have been held and agreement has been reached. Details are set out in the Budget Review.
Madam Speaker, it is our view that trusts have become widely used for income-splitting so as to reduce the tax rate at which income is ultimately taxed. The provisions of section 25B are also used to channel losses incurred as a result of the deduction of expenditure and allowances in the trusts to their beneficiaries, who then set off these losses against their income. The use of such losses for tax purposes has become a popular way of structuring financial transactions.
In view of the widespread use of trusts as business entities and to split income, a full investigation into the taxation of trusts will be undertaken by SARS this year. Two initial steps in reforming the taxation of trusts will be implemented in this fiscal year.
First, the provisions of section 25B of the Act will be amended to provide that the losses of the trust may for tax purposes not be allowed to flow through to the beneficiaries. They can, however, be retained in the trust, where they may be carried forward to the following tax year to be set off against the income of the trust in that year. This proposal will apply in respect of all new trusts created from 11 March 1998. As far as existing trusts are concerned, it will apply from years of assessment commencing on or after 1 January 1999.
Second, it is proposed that income vesting in the trust as a taxpayer (not the income vesting in any beneficiary of the trust) be taxed at a rate of 35 per cent on taxable income not exceeding R100 000 and at a rate of 45 per cent on the amount of taxable income in excess of R 100 000. An exception is proposed in the case of a trust created solely for the benefit of persons who suffer from a mental illness as defined in section 1 of the Mental Health Act, 1973; or a serious physical disability, where such illness or disability incapacitates the beneficiary from earning sufficient income to maintain him- or herself.
These changes will apply from years of assessment commencing on or after 1 March 1998. It is estimated that these proposals will yield an amount of R150 million during the 1998/99 financial year.
The tax on retirement funds was introduced following the recommendations of the Katz Commission. It was introduced at a rate of 17 per cent on certain categories of income with effect from 1 March 1996.
This tax was introduced as an interim measure and is presently being investigated in its totality to determine the most appropriate method of taxation of the flow of funds through retirement funds to the ultimate beneficiaries. No changes have been made to the rate since its introduction.
With effect from 1 March 1998, the rate will be increased from 17 to 25 per cent. It is expected that this will yield an additional R1,2 billion in 1998/99.
It is proposed to increase the fuel levy on both types of petrol as well as diesel by 10 cents per litre with effect from 1 April 1998, coinciding with the monthly fuel price adjustment, if any.
It is evident that serious VAT evasion is taking place through false declaration of exports to neighbouring countries, particularly of cigarettes and liquor. In order to curb this activity, it is proposed that liquor and tobacco products be excluded from the existing export incentive scheme. The effect thereof will be that the zero-rating in respect of such products will only apply in relation to exports where a South African vendor consigns or delivers goods to purchasers outside South Africa. The proposals will be introduced with immediate effect and a Government Gazette will be published to announce the necessary changes to the scheme.
Madam Speaker, let me now turn to the taxing of indulgences.
Excise duties on tobacco products are an exceptional case. The health authorities recommend duties on these products at 50 per cent of the retail price. In order to retain a tax incidence of 50 per cent including VAT it is proposed that excise duties on tobacco be increased by 29 per cent. Smoking will therefore cost an extra 46 cents for a packet of 20 cigarettes. Pipe tobacco will cost an extra R2,11 a kilogram.
This year's Budget aims to move further towards taxing alcohol products in relation to their alcohol content, while also bringing the tax incidence of beer, wine and spirits in line with broad international benchmarks. What does this mean?
there is no change to the excise on sorghum beer.
Madam Speaker, there is one further matter I wish to place before the House.
As is generally known by now, South Africa's two largest mutual insurers have announced their plans to demutualise. In this process the policyholders of these mutuals will become entitled to shares in proprietary life insurers. The effect is that policyholders who at present cannot access their interest in the free reserves of these mutuals, will receive shares which can be traded in the market.
The free reserves of these entities have been built up over many decades as a result of the favourable tax treatment that mutual insurers have enjoyed and are attributable to contributions made by generations of erstwhile policyholders. Today's policyholders will in effect receive a windfall gain over and above their actuarial interest in the mutual insurer.
Government has decided to impose a once-off charge on the shareholders who will receive the windfall gain.
The charge will be levied at the rate of 2,5 per cent on the free reserves of the mutual insurer as at the date of demutualisation, but will be collected by the new proprietary company on behalf of the shareholders.
Because this is a once-off charge, we will not use this revenue to finance current expenditure. Instead it will be used to capitilise a fund to be known as the Umsobomvu Fund.
Madam Speaker, unemployment is not a mere statistic on the government's report card. Joblessness goes to the core of the well-being of our society. It destroys peoples dignity, it eats away the fabric of our communities, it means hunger and poverty, it denies people opportunities, and it robs children of their right to be children, their right to dream and to have a future.
South Africa is undergoing a demographic transition with profound consequences for social policy and economic transformation. These changes require us to focus even more acutely on job creation. The number of young people leaving secondary or tertiary education is estimated to be around 450 000 a year. This is likely to increase as the school system improves and the demographic peak reaches school leaving age. The challenge of youth unemployment is therefore one we cannot afford to ignore.
Job creation is a national project that requires the talent, creativity, energy and the unwavering commitment of all our people. Unless we embrace this challenge collectively we will forever deny our country its true potential. Sustainable growth and development demands opportunities not hand-outs, it requires courage and commitment and responses which transcend narrow interests. In partnership with labour, business and organisations of civil society, the government proposes to create a new vehicle for development.
At the dawn of the 21st century, our nation must invest in its young people, arouse their skills potential, invigorate job creation and secure better lives for our children.
The Umsobomvu Fund is one instrument that government is offering at the Presidential Jobs Summit later this year. In doing so we are responding to the key objective of the Summit which is to convert the challenge of unemployment into the opportunity for job creation.
Madam Speaker, the Budget we present today is part of the first-ever Medium Term Expenditure Framework. This important change makes for greater certainty in planning and prioritising. As I have explained, the MTEF also radically alters the manner in which Parliament will participate in budget-making in future. The MTEF is the product of a high level of interaction within government, through the sectoral teams which were established, and through the more intensive Cabinet participation. The choices we have made are the result of a difficult process of prioritisation which ensures that the RDP is now fully integrated into our expenditure plans.
But this Budget also develops the choices and priorities that were reflected in the Budget last year. We are continuing to give increasing priority to social transformation.
On the revenue side are a number of significant changes - we have progressed further with the programme for equity in tax policy by eliminating the tax shelters which have been exploited by some. Moreover, we have succeeded in removing the effects of bracket creep, thereby putting an additional R3,7 billion in the pockets of working people.
We have complied with the Constitutional requirements for inter-governmental fiscal relations. The tabling of the Division of Revenue Bill, and the strengthening of the institutions like the Budget Council, place co-operative governance on a much sounder footing.
The initiative we took last year in respect of the relaxation of exchange controls has now been advanced. We are convinced that this will again have as positive an impact on capital inflows.
Finally, we have used the opportunity created by the demutualisation to create the Umsobomvu Fund. The use of the proceeds of this fund for youth employment and development will have a long-lasting benefit for all of South Africa.
This Budget was compiled by the careful weighing of competing options between different development programmes. It was shaped at a time of change in the South African economy which, in some respects, had limited the options available. This Budget places us in a position to take the RDP well into the next century. The MTEF places South Africa in the ranks of a small group of countries which have multi-year fiscal planning.
It is the product of a truly collective effort by Cabinet which I am privileged to place before this House.
Those support structures whose contributions have made a profound impact on that which we present today - Dr Chris Stals and his team at the SA Reserve Bank; Mr Murphy Morobe and the Financial and Fiscal Commission; Mr Jayendra Naidoo and Nedlac; and Professor Michael Katz and the Tax Commission.
Our interactions with parliament have strengthened our performance and for managing this we must thank Mr Sipho Mpahlwa and Mr Sintle Fenyane , chairpersons of the Standing and the Select Committee on Finance, respectively.
Ms Maria Ramos, Director-General for Finance and to her able team in the Budget Office, an energetic team of people who have foresaken family and sleep in order to produce that which we present here today.
Finally, to each one of you, both in this Chamber and at home, for your patience in listening to us this afternoon.
It is appropriate, Madam Speaker, that I conclude with a reminder of what our President said to us from this podium a few weeks ago, "We cannot divert from the course we have chosen. There is no other route to sustainable development."
Estimate of Expenditure to be defrayed from the National Revenue Fund during the financial year ending 31 March 1999 [RP2-98].
Estimate of Revenue for the financial year ending 31 March 1999 [RP3-98].
Taxation proposals: Income Tax Taxation proposals: Customs and Excise [Taxation proposals in respect of Customs and Excise laid upon the Table at 15:].
Division of Revenue Bill [B -98] (in terms of section 10(1) of the Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of 1997)).
Budget Review, 1998 (including "Annexure E: Memorandum to Accompany the Division of Revenue Bill" tabled in terms of section 10(5) of the Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of 1997)).
Executive Summary of "Annexure E: Memorandum to Accompany the Division of Revenue Bill" in the Budget Review.
<fn>GOV-ZA.1998032En.2012-02-10.en.txt</fn>
To regulate matters incidental to the establishment by the Constitution of the Republic of South Africa, 1996, of a single national prosecuting authority; and to provide for matters connected therewith.
[Preamble substituted by s. 1 of Act 61 of 2000 and amended by s. 14 of Act 56 of 2008.
[Index inserted by s. 21 of Act 61 of 2000.
19A to 19C inclusive.
Ss. 19A to 19C inclusive inserted by s. 8 of Act 61 of 2000 and repealed by s.
29 Entering upon premises by Investigating Director 30 and 31 [Ss. 30 and 31 substituted by s. 14 of Act 61 of 2000 and repealed by s. 9 of Act 56 of 2008.
[S. 43A substituted by s. 13 of Act 56 of 2008.
'Directorate of Special Operations' [Definition of 'Directorate of Special Operations' inserted by s. 2 (a) of Act 61 of 2000 and deleted by s. 1 (a) of Act 56 of 2008.
'head of an Investigating Directorate' means an Investigating Director referred to in section 7 (3) (b) ; [Definition of 'head of an Investigating Directorate' inserted by s. 2 (a) of Act 61 of 2000 and substituted by s. 1 (b) of Act 56 of 2008.
Definition of 'Investigating Director' substituted by s. 2 (b) of Act 61 of 2000 and by s.
of Act 56 of 2008.
'Investigating Directorate' means an Investigating Directorate established by or in terms of section 7; [Definition of 'Investigating Directorate' substituted by s. 2 (b) of Act 61 of 2000.
'investigation' in Chapter 5, means an investigation contemplated in section 28 (1); [Definition of 'investigation' inserted by s. 2 (c) of Act 61 of 2000.
'special investigator' [Definition of 'special investigator' inserted by s. 2 (d) of Act 61 of 2000 and deleted by s. 1 (d) of Act 56 of 2008.
[Definition of 'specified offence' inserted by s. 2 (d) of Act 61 of 2000 and substituted by s. 1 (e) of Act 56 of 2008.
There is a single national prosecuting authority established in terms of section 179 of the Constitution , as determined in this Act.
the offices of the prosecuting authority at the High Courts, established by section 6 (1).
Deputy Directors ; and prosecutors.
There is hereby established the National Office of the prosecuting authority , to be known as the Office of the National Director of Public Prosecutions.
(d A) [Para. (d A) inserted by s. 3 of Act 61 of 2000 and deleted by s. 2 of Act 56 of 2008.
members of the administrative staff of the Office.
The seat of the Office of the National Director shall be determined by the President.
There is hereby established an Office for the prosecuting authority at the seat of each High Court in the Republic.
persons contemplated in section 38 (1); and the administrative staff of the Office.
Ifa Deputy Director is appointed as the head of an Office established by subsection (1), he or she shall exercise his or her functions subject to the control and directions of a Director designated in writing by the National Director.
The President may, by proclamation in the Gazette , establish one or more Investigating Directorates in the Office of the National Director , in respect of such offences or criminal or unlawful activities as set out in the proclamation.
may at any time be amended or rescinded by the President on the recommendation of the Minister , the Cabinet member responsible for policing and the National Director ; and must be submitted to Parliament before publication in the Gazette.
The head of an Investigating Directorate, shall be an Investigating Director , and shall perform the powers, duties and functions of the Investigating Directorate concerned subject to the control and directions of the National Director.
persons in the service of any public or other body who are by arrangement with the body concerned seconded to the service of the Investigating Directorate ; and any other person whose services are obtained by the head of the Investigating Directorate , and the persons referred to in subparagraphs (i) to (v) shall perform their powers, duties and functions subject to the control and direction of the head of the Investigating Directorate concerned.
any person or body requested by the head of an Investigating Directorate in writing to do so, shall from time to time, after consultation with the head of an Investigating Directorate , furnish him or her with a list of the names of persons, in the employ or under the control of that person or body, who are fit and available to assist the head of that Investigating Directorate as contemplated in the said subparagraph (iv) or (v), as the case may be; and such a person or body shall, at the request of, and after consultation with, the head of the Investigating Directorate concerned, designate a person or persons mentioned in the list concerned so to assist the head of the Investigating Directorate.
[S. 7 substituted by s. 4 of Act 61 of 2000 and by s. 3 of Act 56 of 2008.
The need for the prosecuting authority to reflect broadly the racial and gender composition of South Africa must be considered when members of the prosecuting authority are appointed.
possess legal qualifications that would entitle him or her to practise in all courts in the Republic ; and be a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, to be entrusted with the responsibilities of the office concerned.
Any person to be appointed as the National Director must be a South African citizen. [Date of commencement of s. 9: 1 August 1998.
The President must, in accordance with section 179 of the Constitution , appoint the National Director. [Date of commencement of s. 10: 1 August 1998.
The President may, after consultation with the Minister and the National Director, appoint not more than four persons, as Deputy National Directors of Public Prosecutions. [Sub-s. (1) substituted by s. 5 of Act 61 of 2000.
Whenever the National Director is absent or unable to perform his or her functions, the National Director may appoint any Deputy National Director as acting National Director.
Whenever the office of National Director is vacant, or the National Director is for any reason unable to make the appointment contemplated in paragraph (a) , the President may, after consultation with the Minister , appoint any Deputy National Director as acting National Director.
Whenever a Deputy National Director is absent or unable to perform his or her functions, or an office of Deputy National Director is vacant, the National Director may, in consultation with the Minister, designate any other Deputy National Director or any Director to act as such Deputy National Director.
The National Director shall hold office for a non-renewable term of 10 years, but must vacate his or her office on attaining the age of 65 years.
A Deputy National Director shall vacate his or her office at the age of 65.
If the National Director or a Deputy National Director attains the age of 65 years after the first day of any month, he or she shall be deemed to attain that age on the first day of the next succeeding month.
the National Director or Deputy National Director wishes to continue to serve in such office; and the mental and physical health of the person concerned enable him or her so to continue, the President may from time to time direct that he or she be so retained, but not for a period which exceeds, or periods which in the aggregate exceed, two years: Provided that a National Director' s term of office shall not exceed 10 years.
The National Director or a Deputy National Director shall not be suspended or removed from office except in accordance with the provisions of subsections (6), (7) and (8).
on account thereof that he or she is no longer a fit and proper person to hold the office concerned.
The removal of the National Director or a Deputy National Director , the reason therefor and the representations of the National Director or Deputy National Director (if any) shall be communicated by message to Parliament within 14 days after such removal if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
Parliament shall, within 30 days after the message referred to in paragraph (b) has been tabled in Parliament, or as soon thereafter as is reasonably possible, pass a resolution as to whether or not the restoration to his or her office of the National Director or Deputy National Director so removed, is recommended.
The President shall restore the National Director or Deputy National Director to his or her office if Parliament so resolves.
The National Director or a Deputy National Director provisionally suspended from office shall receive, for the duration of such suspension, no salary or such salary as may be determined by the President.
The President shall also remove the National Director or a Deputy National Director from office if an address from each of the respective Houses of Parliament in the same session praying for such removal on any of the grounds referred to in subsection (6) (a) , is presented to the President.
on account of continued ill-health; or for any other reason which the President deems sufficient.
The request in terms of paragraph (a) (ii) shall be addressed to the President at least six calendar months prior to the date on which he or she wishes to vacate his or her office, unless the President grants a shorter period in a specific case.
vacates his or her office in terms of paragraph (a) (i), he or she shall be entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her if his or her services had been terminated on the ground of continued ill-health occasioned without him or her being instrumental thereto; or vacates his or her office in terms of paragraph (a) (ii), he or she shall be deemed to have been retired in terms of section 16 (4) of the Public Service Act , and he or she shall be entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her if he or she had been so retired.
If the National Director or a Deputy National Director , immediately prior to his or her appointment as such, was an officer or employee in the public service, and is appointed under an Act of Parliament with his or her consent to an office to which the provisions of this Act or the Public Service Act do not apply, he or she shall, as from the date on which he or she is so appointed, cease to be the National Director , or a Deputy National Director and if at that date he or she has not reached the age at which he or she would in terms of the Public Service Act have had the right to retire, he or she shall be deemed to have retired on that date and shall, subject to the said provisions, be entitled to such pension as he or she would have been entitled to under the pension law applicable to him or her had he or she been compelled to retire from the public service owing to the abolition of his or her post.
[Date of commencement of s. 12: 1 August 1998.
[Para. (a A) inserted by s. 6 (a) of Act 61 of 2000 and deleted by s. 4 of Act 56 of 2008.
[Para. (b) substituted by s. 6 (b) of Act 61 of 2000.
may appoint one or more Directors of Public Prosecutions (hereinafter referred to as Special Directors) to exercise certain powers, carry out certain duties and perform certain functions conferred or imposed on or assigned to him or her by the President by proclamation in the Gazette.
If a vacancy occurs in the office of a Director the President shall, subject to section 9, as soon as possible, appoint another person to that office.
The Minister may from time to time, but subject to the laws governing the public service and after consultation with the National Director , from the ranks of the Deputy Directors or persons who qualify to be appointed as Deputy Director as contemplated in section 15 (2), appoint an acting Director to discharge the duties of a Director whenever the Director concerned is for any reason unable to perform the duties of his or her office, or while the appointment of a person to the office of Director is pending.
Subject to subsection (2), a Director shall vacate his or her office on attaining the age of 65 years.
A Special Director may be appointed for such fixed term as the President may determine at the time of such appointment, and the President may from time to time extend such term.
The provisions of section 12 (3), (4), (6), (7), (8) and (9), in respect of the vacation of office and discharge of the National Director , shall apply, with the necessary changes, with regard to the vacation of office and discharge of a Director.
has the right to appear in a High Court as contemplated in sections 2 and 3 (4) of the Right of Appearance in Courts Act, 1995 (Act 62 of 1995); and possesses such experience as, in the opinion of the Minister , renders him or her suitable for appointment as a Deputy Director.
If a vacancy occurs in the office of a Deputy Director , the Minister shall, after consultation with the National Director , as soon as possible appoint another person to that office.
in respect of the Office of the National Director appoint one or more Deputy Directors of Public Prosecutions to exercise certain powers, carry out certain duties and perform certain functions conferred or imposed on or assigned to him or her by the National Director.
[Sub-s. (1) substituted by s. 7 of Act 61 of 2000.
Prosecutors shall be appointed on the recommendation of the National Director or a member of the prosecuting authority designated for that purpose by the National Director , and subject to the laws governing the public service.
lower courts in the Republic.
The Minister may from time to time, in consultation with the National Director and after consultation with the Directors , prescribe the appropriate legal qualifications for the appointment of a person as prosecutor in a lower court.
In so far as any law governing the public service pertaining to Deputy Directors and prosecutors may be inconsistent with this Act , the provisions of this Act shall apply.
the salary of a Deputy National Director shall not be less than 85 per cent of the salary of the National Director ; and the salary of a Director shall not be less than 80 per cent of the salary of the National Director.
If an officer or employee in the public service is appointed as the National Director , a Deputy National Director or a Director , the period of his or her service as National Director, Deputy National Director or Director shall be reckoned as part of and continuous with his or her employment in the public service, for purposes of leave, pension and any other conditions of service, and the provisions of any pension law applicable to him or her as such officer or employee, or in the event of his or her death, to his or her dependants and which are not inconsistent with this section, shall, with the necessary changes, continue so to apply.
The National Director is entitled to pension provisioning and pension benefits determined and calculated under all circumstances, as if he or she is employed as a Director-General in the public service.
The President may, whenever in his or her opinion it is necessary and after consultation with the Minister and the National Director , transfer and appoint any Director to any Office contemplated in section 6 (1) or Investigating Directorate , or as a Special Director.
[Date of commencement of s. 17: 1 August 1998.
Subject to the provisions of this section, any Deputy Director or prosecutor shall be paid a salary in accordance with the scale determined from time to time for his or her rank and grade by the Minister after consultation with the National Director and the Minister for the Public Service and Administration, and with the concurrence of the Minister of Finance, by notice in the Gazette.
Different categories of salaries and salary scales may be determined in respect of different categories of Deputy Directors and prosecutors.
The first notice in terms of subsection (1) shall be issued as soon as possible after the commencement of this Act , and thereafter such a notice shall be issued if circumstances, including any revision and adjustment of salaries and allowances of the National Director and magistrates since the latest revision and adjustment of salaries of Deputy Directors or prosecutors , so justify.
A notice issued in terms of subsection (1) shall be tabled in Parliament within 14 days after publication thereof, if Parliament is then in session or, if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
the validity of anything done under the notice or provision up to the date on which it so lapsed; or any right, privilege, obligation or liability acquired, accrued or incurred as at that date under or by virtue of the notice or provision.
shall, for the purposes of this subsection, not be deemed to result in a reduction of such salary.
Subject to the provisions of this Act , the other conditions of service of a Deputy Director or a prosecutor shall be determined in terms of the provisions of the Public Service Act.
[Chapter 3A (ss 19A-19C) inserted by s. 8 of Act 61 of 2000 and repealed by s. 5 of Act 56 of 2008.
[Ss. 19A to 19C inclusive inserted by s. 8 of Act 61 of 2000 and repealed by s. 5 of Act 56 of 2008.
carry out any necessary functions incidental to instituting and conducting such criminal proceedings; and discontinue criminal proceedings, vests in the prosecuting authority and shall, for all purposes, be exercised on behalf of the Republic.
Any Deputy National Director shall exercise the powers referred to in subsection subject to the control and directions of the National Director.
the area of jurisdiction for which he or she has been appointed; and any offences which have not been expressly excluded from his or her jurisdiction, either generally or in a specific case, by the National Director.
the area of jurisdiction for which he or she has been appointed; and such offences and in such courts, as he or she has been authorised in writing by the National Director or a person designated by the National Director.
Any prosecutor shall be competent to exercise any of the powers referred to in subsection (1) to the extent that he or she has been authorised thereto in writing by the National Director , or by a person designated by the National Director.
the offences; and the court or courts, in respect of which such powers may be exercised.
No member of the prosecuting authority who has been suspended from his or her office under this Act or any other law shall be competent to exercise any of the powers referred to in subsection (1) for the duration of such suspension.
with the concurrence of the Minister and after consulting the Directors , determine prosecution policy; and issue policy directives, which must be observed in the prosecution process, and shall exercise such powers and perform such functions in respect of the prosecution policy, as determined in this Act or any other law.
The prosecution policy or amendments to such policy must be included in the report referred to in section 35 (2) (a) : Provided that the first prosecution policy issued under this Act shall be tabled in Parliament as soon as possible, but not later than six months after the appointment of the first National Director.
The prosecution policy must determine the circumstances under which prosecutions shall be instituted in the High Court as a court of first instance in respect of offences referred to in Schedule 2 to the Criminal Law Amendment Act, 1997 (Act 105 of 1997).
[Sub-s. (3) added by s. 7 of Act 38 of 2007.
The National Director must issue policy directives pursuant to the policy contemplated in subsection (3), regarding the institution of prosecutions in respect of offences referred to in Schedule 2 to the Criminal Law Amendment Act, 1997.
[Sub-s. (4) added by s. 7 of Act 38 of 2007.
The prosecution policy and the policy directives contemplated in subsections (3) and (4) above, must be issued within three months of the date of the commencement of the Criminal Law (Sentencing) Amendment Act, 2007.
[Sub-s. (5) added by s. 7 of Act 38 of 2007.
The National Director , as the head of the prosecuting authority , shall have authority over the exercising of all the powers, and the performance of all the duties and functions conferred or imposed on or assigned to any member of the prosecuting authority by the Constitution , this Act or any other law.
may intervene in any prosecution process when policy directives are not complied with; and may review a decision to prosecute or not to prosecute, after consulting the relevant Director and after taking representations, within the period specified by the National Director , of the accused person, the complainant and any other person or party whom the National Director considers to be relevant.
Where the National Director or a Deputy National Director authorised thereto in writing by the National Director deems it in the interest of the administration of justice that an offence committed as a whole or partially within the area of jurisdiction of one Director be investigated and tried within the area of jurisdiction of another Director , he or she may, subject to the provisions of section 111 of the Criminal Procedure Act, 1977 (Act 51 of 1977), in writing direct that the investigation and criminal proceedings in respect of such offence be conducted and commenced within the area of jurisdiction of such other Director.
may have the administrative work connected with the exercise of his or her powers, the performance of his or her functions or the carrying out of his or her duties, carried out by persons referred to in section 37 of this Act ; and may make recommendations to the Minister with regard to the prosecuting authority or the administration of justice as a whole.
The National Director shall, after consultation with the Deputy National Directors and the Directors , advise the Minister on creating a structure, by regulation, in terms of which any person may report to such structure any complaint or any alleged improper conduct or any conduct which has resulted in any impropriety or prejudice on the part of a member of the prosecuting authority , and determining the powers and functions of such structure.
The National Director shall, in consultation with the Minister and after consultation with the Deputy National Directors and the Directors , frame a code of conduct which shall be complied with by members of the prosecuting authority.
The code of conduct may from time to time be amended, and must be published in the Gazette for general information.
The National Director shall develop, in consultation with the Minister or a person authorised thereto by the Minister , and the Directors , training programmes for prosecutors.
authorise any competent person in the employ of the public service or any local authority to conduct prosecutions, subject to the control and directions of the National Director or a person designated by him or her, in respect of such statutory offences, including municipal laws, as the National Director , in consultation with the Minister , may determine.
The National Director or any Deputy National Director designated by the National Director shall have the power to institute and conduct a prosecution in any court in the Republic in person.
Any Deputy National Director may exercise or perform any of the powers, duties and functions of the National Director which he or she has been authorised by the National Director to exercise or perform.
[Sub-s. (2) added by s. 9 of Act 61 of 2000 and deleted by s. 6 of Act 56 of 2008.
supervise, direct and co-ordinate specific investigations; and carry out all duties and perform all functions, and exercise all powers conferred or imposed on or assigned to him or her under any law which is in accordance with the provisions of this Act.
Provided that an Investigating Director or the person authorized thereto by him or her shall exercise the powers referred to in this subsection only after consultation with the Director of the area of jurisdiction concerned.
A Special Director shall exercise the powers, carry out the duties and perform the functions conferred or imposed on or assigned to him or her by the President, subject to the directions of the National Director : Provided that if such powers, duties and functions include any of the powers, duties and functions referred to in section 20 (1), they shall be exercised, carried out and performed in consultation with the Director of the area of jurisdiction concerned.
shall, subject to the directions of the National Director , be responsible for the day to day management of the Deputy Directors and prosecutors under his or her control.
Without limiting the generality of subsection (4) (c) and subject to the directions of the National Director , directions or guidelines under that subsection may be given or furnished in relation to particular cases and may determine that certain offences or classes of offences must be referred to the Director concerned for decisions on the institution or conducting of prosecutions in respect of such offences or classes of offences.
The Director shall give to the National Director a copy of each direction given or guideline furnished under subsection (4) (c).
is considering the institution or conducting of a prosecution for an offence; and is of the opinion that a matter connected with or arising out of the offence requires further investigation, the Director may request the Provincial Commissioner of the police service referred to in subsection (4) (c) (i) for assistance in the investigation of that matter and where the Director so requests, the Provincial Commissioner concerned shall, so far as practicable, comply with the request.
The powers conferred upon a Director under section 20 (1) shall include the authority to prosecute in any court any appeal arising from any criminal proceedings.
Subject to section 20 (4) and the control and directions of a Director , a Deputy Director at the Office of a Director referred to in section 13 (1), has all the powers, duties and functions of a Director.
A power, duty or function which is exercised, carried out or performed by a Deputy Director is construed, for the purposes of this Act , to have been exercised, carried out or performed by the Director concerned.
under this Act and any other law of the Republic ; and by the head of the Office or Investigating Directorate where he or she is employed or a person designated by such head; or if he or she is employed as a prosecutor in a lower court, by the Director in whose area of jurisdiction such court is situated or a person designated by such Director.
Notwithstanding the provisions of the Right of Appearance in Courts Act, 1995 (Act 62 of 1995), or any other law, any prosecutor who has obtained such legal qualifications as the Minister after consultation with the National Director may prescribe; and has at least three years' experience as a prosecutor of a magistrates' court of a regional division, shall, subject to section 20 (6), have the right to appear in any court in the Republic.
This Chapter only relates to Investigating Directorates.
Nothing in this Chapter or section 7, derogates from any power or duty which relates to the prevention, combating or investigation of any offences and which is bestowed upon the South African Police Service in terms of any law.
[Sub-s. (2) substituted by s. 7 of Act 56 of 2008.
[S. 26 substituted by s. 10 of Act 61 of 2000.
all other relevant information known to the declarant.
[S. 27 substituted by s. 11 of Act 61 of 2000.
If the Investigating Director has reason to suspect that a specified offence has been or is being committed or that an attempt has been or is being made to commit such an offence, he or she may conduct an investigation on the matter in question, whether or not it has been reported to him or her in terms of section 27.
If the National Director refers a matter in relation to the alleged commission or attempted commission of a specified offence to the Investigating Director , the Investigating Director shall conduct an investigation, or a preparatory investigation as referred to in subsection (13), on that matter.
If the Investigating Director , at any time during the conducting of an investigation on a matter referred to in paragraph (a) or (b) , considers it desirable to do so in the interest of the administration of justice or in the public interest, he or she may extend the investigation so as to include any offence, whether or not it is a specified offence , which he or she suspects to be connected with the subject of the investigation.
If the Investigating Director , at any time during the conducting of an investigation , is of the opinion that evidence has been disclosed of the commission of an offence which is not being investigated by the Investigating Directorate concerned, he or she must without delay inform the National Commissioner of the South African Police Service of the particulars of such matter.
[Sub-s. (1) substituted by s. 12 (a) of Act 61 of 2000.
The Investigating Director may, if he or she decides to conduct an investigation , at any time prior to or during the conducting of the investigation designate any person referred to in section 7 (4) (a) or, in the case of an investigation requested by the Head of the Directorate for Priority Crime Investigation in terms of section 17D (3) of the South African Police Service Act, 1995 (Act 68 of 1995), any member of the prosecuting authority or a member of that Directorate, to conduct the investigation , or any part thereof, on his or her behalf and to report to him or her.
[Para. (a) substituted by s. 8 of Act 56 of 2008.
A person so designated shall for the purpose of the investigation concerned have the same powers as those which the Investigating Director has in terms of this section and section 29 of this Act, and the instructions issued by the Treasury under section 39 of the Exchequer Act, 1975 (Act 66 of 1975), in respect of commissions of inquiry shall apply with the necessary changes in respect of such a person.
[Sub-s. (2) substituted by s. 12 (a) of Act 61 of 2000.
All proceedings contemplated in subsections (6), (8) and (9) shall take place in camera . [Sub-s. (3) substituted by s. 12 (a) of Act 61 of 2000.
The procedure to be followed in conducting an investigation shall be determined by the Investigating Director at his or her discretion, having regard to the circumstances of each case.
[Sub-s. (4) substituted by s. 12 (a) of Act 61 of 2000.
The proceedings contemplated in subsections (6), (8) and (9) shall be recorded in such manner as the Investigating Director may deem fit. [Sub-s. (5) substituted by s. 12 (a) of Act 61 of 2000.
the Investigating Director or a person designated by him or her may question that person, under oath or affirmation administered by the Investigating Director , and examine or retain for further examination or for safe custody such a book, document or other object: Provided that any person from whom a book or document has been taken under this section may, as long as it is in the possession of the Investigating Director , at his or her request be allowed, at his or her own expense and under the supervision of the Investigating Director , to make copies thereof or to take extracts therefrom at any reasonable time.
[Sub-s. (6) substituted by s. 12 (a) of Act 61 of 2000.
be signed by the Investigating Director or a person authorized by him or her; and be served in the prescribed manner.
The law regarding privilege as applicable to a witness summoned to give evidence in a criminal case in a magistrate's court shall apply in relation to the questioning of a person in terms of subsection (6): Provided that such a person shall not be entitled to refuse to answer any question upon the ground that the answer would tend to expose him or her to a criminal charge.
No evidence regarding any questions and answers contemplated in paragraph (a) shall be admissible in any criminal proceedings, except in criminal proceedings where the person concerned stands trial on a charge contemplated in subsection (10) (b) or (c) , or in section 319 (3) of the Criminal Procedure Act, 1955 (Act 56 of 1955).
shall be entitled to such witness fees as he or she would be entitled to if he or she were a witness for the State in criminal proceedings in a magistrate's court.
gives false evidence knowing that evidence to be false or not knowing or not believing it to be true, shall be guilty of an offence.
and (12).
[Sub-ss. (11) and (12) deleted by s. 12 (b) of Act 61 of 2000.
If the Investigating Director considers it necessary to hear evidence in order to enable him or her to determine if there are reasonable grounds to conduct an investigation in terms of subsection (1) (a) , the Investigating Director may hold a preparatory investigation.
The provisions of subsections (2) to (10), inclusive, and of sections 27 and 29 shall, with the necessary changes, apply to a preparatory investigation referred to in subsection (13).
[Sub-s. (14) substituted by s. 12 (c) of Act 61 of 2000.
the right of a person to freedom and security; and the right of a person to his or her personal privacy.
No evidence regarding any questions and answers contemplated in subsection (1) shall be admissible in any subsequent criminal proceedings against a person from whom information in terms of that subsection is acquired if the answers incriminate him or her, except in criminal proceedings where the person concerned stands trial on a charge contemplated in subsection (12).
seize, against the issue of a receipt, anything on or in the premises which has a bearing or might have a bearing on the investigation in question, or if he or she wishes to retain it for further examination or for safe custody: Provided that any person from whom a book or document has been taken under this section may, as long as it is in the possession of the Investigating Director , at his or her request be allowed, at his or her own expense and under the supervision of the Investigating Director , to make copies thereof or to take extracts therefrom at any reasonable time.
[Sub-s. (1) substituted by s. 13 (a) of Act 61 of 2000.
Subject to subsection (10), the premises referred to in subsection (1) may only be entered, and the acts referred to in subsection (1) may only be performed, by virtue of a warrant issued in chambers by a magistrate, regional magistrate or judge of the area of jurisdiction within which the premises is situated: Provided that such a warrant may be issued by a judge in respect of premises situated in another area of jurisdiction, if he or she deems it justified.
the need, in regard to the investigation , for a search and seizure in terms of this section, that there are reasonable grounds for believing that anything referred to in subsection (1) is on or in such premises or suspected to be on or in such premises.
[Sub-s. (5) substituted by s. 13 (b) of Act 61 of 2000.
it is cancelled by the person who issued it or, if such person is not available, by any person with like authority; or the expiry of three months from the day of its issue, whichever may occur first.
the delay caused by the obtaining of any such warrant would defeat the object of the entry, search, seizure and removal.
Any entry and search in terms of paragraph (a) shall be executed by day, unless the execution thereof by night is justifiable and necessary, and the person exercising the powers referred to in the said paragraph shall identify himself or herself at the request of the owner or the person in control of the premises.
If during the execution of a warrant or the conducting of a search in terms of this section, a person claims that any item found on or in the premises concerned contains privileged information and for that reason refuses the inspection or removal of such item, the person executing the warrant or conducting the search shall, if he or she is of the opinion that the item contains information which is relevant to the investigation and that such information is necessary for the investigation , request the registrar of the High Court which has jurisdiction or his or her delegate, to seize and remove that item for safe custody until a court of law has made a ruling on the question whether the information concerned is privileged or not.
[Sub-s. (11) substituted by s. 13 (c) of Act 61 of 2000.
when he or she is asked in terms of subsection (1) for information or an explanation relating to a matter within his or her knowledge, refuses or fails to give that information or explanation or gives information or an explanation which is false or misleading, knowing it to be false or misleading, shall be guilty of an offence.
30 and 31.
[Ss. 30 and 31 substituted by s. 14 of Act 61 of 2000 and repealed by s. 9 of Act 56 of 2008.
A member of the prosecuting authority shall serve impartially and exercise, carry out or perform his or her powers, duties and functions in good faith and without fear, favour or prejudice and subject only to the Constitution and the law.
Subject to the Constitution and this Act , no organ of state and no member or employee of an organ of state nor any other person shall improperly interfere with, hinder or obstruct the prosecuting authority or any member thereof in the exercise, carrying out or performance of its, his or her powers, duties and functions.
'I (full name) do hereby swear/solemnly affirm that I will in my capacity as National Director/Deputy National Director of Public Prosecutions/ Director/Deputy Director of Public Prosecutions/ prosecutor , uphold and protect the Constitution and the fundamental rights entrenched therein and enforce the Law of the Republic without fear, favour or prejudice and, as the circumstances of any particular case may require, in accordance with the Constitution and the Law. (In the case of an oath: So help me God.)'.
in the case of the National Director , or a Deputy National Director, Director or Deputy Director , be taken or made before the most senior available judge of the High Court within which area of jurisdiction the Office of the National Director , Director or Deputy Director , as the case may be, is situated; or in the case of a prosecutor , be taken or made before the Director in whose Office the prosecutor concerned has been appointed or before the most senior judge or magistrate at the court where the prosecutor is stationed, who shall at the bottom thereof endorse a statement of the fact that it was taken or made before him or her and of the date on which it was so taken or made and append his or her signature thereto.
The Minister shall, for purposes of section 179 of the Constitution, this Act or any other law concerning the prosecuting authority , exercise final responsibility over the prosecuting authority in accordance with the provisions of this Act.
submit the reports contemplated in section 34 to the Minister ; and arrange meetings between the Minister and members of the prosecuting authority.
A Director must annually, not later than the first day of March, submit to the National Director a report on all his or her activities during the previous year.
The National Director may at any time request a Director to submit a report with regard to a specific activity relating to his or her powers, duties or functions.
A Director may, at any time, submit a report to the National Director with regard to any matter relating to the prosecuting authority , if he or she deems it necessary.
The prosecuting authority shall be accountable to Parliament in respect of its powers, functions and duties under this Act , including decisions regarding the institution of prosecutions.
The National Director must submit annually, not later than the first day of June, to the Minister a report referred to in section 22 (4) (g) , which report must be tabled in Parliament by the Minister within 14 days, if Parliament is then in session, or if Parliament is not then in session, within 14 days after the commencement of its next ensuing session.
The National Director may, at any time, submit a report to the Minister or Parliament with regard to any matter relating to the prosecuting authority , if he or she deems it necessary.
the exercise of the powers, the carrying out of the duties and the performance of the functions of the prosecuting authority ; and the remuneration and other conditions of service of members of the prosecuting authority , shall be defrayed out of monies appropriated by Parliament for that purpose.
The Department of Justice must, in consultation with the National Director , prepare the necessary estimate of revenue and expenditure of the prosecuting authority.
be charged with the responsibility of accounting for State monies received or paid out for or on account of the prosecuting authority ; and cause the necessary accounting and other related records to be kept.
[Sub-s. (3) substituted by s. 15 of Act 61 of 2000 and by s. 10 (a) of Act 56 of 2008.
[Sub-s. (3A) inserted by s. 15 of Act 61 of 2000 and deleted by s. 10 (b) of Act 56 of 2008.
General. [Sub-s. (4) substituted by s. 15 of Act 61 of 2000 and by s. 10 (c) of Act 56 of 2008.
The Director-General: Justice may, on the recommendation of the National Director and with the concurrence of the Minister of Finance, order that the expenses or any part of the expenses incurred by any person in the course of or in connection with an investigation contemplated in section 28 (1) be paid from State funds to that person.
Sub-s. (5) added by s. 15 of Act 61 of 2000 and substituted by s.
the Offices of prosecutors as determined by the National Director , in consultation with the Director concerned, shall be persons appointed or employed under the Public Service Act.
The National Director may in consultation with the Minister , and a Deputy National Director or a Director may, in consultation with the Minister and the National Director , on behalf of the State, engage, under agreements in writing, persons having suitable qualifications and experience to perform services in specific cases.
The terms and conditions of service of a person engaged by the National Director , a Deputy National Director or a Director under subsection (1) shall be as determined from time to time by the Minister in concurrence with the Minister of Finance.
a Deputy National Director or a Director, in consultation with the National Director, may, on behalf of the State, engage, under an agreement in writing, such person to perform the services contemplated in subsection (1) without consulting the Minister as contemplated in that subsection.
[Sub-s. (3) added by s. 16 of Act 61 of 2000.
For purposes of this section, 'services' include the conducting of a prosecution under the control and direction of the National Director , a Deputy National Director or a Director , as the case may be.
[Sub-s. (4) added by s. 16 of Act 61 of 2000.
[Date of commencement of s. 38: 23 April 1999.
The National Director , a Deputy National Director and a Director shall give written notice to the Minister of all direct or indirect pecuniary interests that they have or acquire in any business whether in the Republic or elsewhere or in any body corporate carrying on any such business.
The National Director , a Deputy National Director and a Director shall not, without the consent of the President, perform any paid work outside his or her duties of office.
matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.
[Sub-s. (1) amended by s. 11 (a) of Act 56 of 2008.
[Sub-s. (2) amended by s. 17 of Act 42 of 2001 and deleted by s. 11 (b) of Act 56 of 2008.
may provide that a contravention thereof shall be an offence; and must be submitted to Parliament before publication in the Gazette.
[S. 40 substituted by s. 17 of Act 61 of 2000.
'unauthorised access' includes access by a person who is authorised to use the computer but is not authorised to gain access to a certain program or to certain data held in such computer or is unauthorised, at the time when the access is gained, to gain access to such computer, program or data.
impair the operation of any computer or of any program in any computer or of the operating system of any computer or the reliability of data held in such computer; or prevent or hinder access to any program or data held in any computer.
Any act or event for which proof is required for a conviction of an offence in terms of this section and which was committed or took place outside the Republic is deemed to have been committed or to have taken place in the Republic if the accused was in the Republic at the time when he or she performed the act or any part thereof; or the computer, by means of which the act was done, or which was affected in a manner contemplated in subsection (2) by the act, was in the Republic at the time when the accused performed the act or any part thereof; or the accused was a South African citizen or domiciled in the Republic at the time of the commission of the offence.
[S. 40A inserted by s. 18 of Act 61 of 2000.
Any person who contravenes the provisions of section 32 (1) (b) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 10 years or to both such fine and such imprisonment.
Any person convicted of an offence referred to in section 28 (10) or 29 (12) shall be liable to a fine or to imprisonment for a period not exceeding 15 years or to both such fine and such imprisonment.
Any person who is convicted of an offence in terms of a regulation made under section 40, shall be liable to a fine or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
Any person who is convicted of an offence referred to in section 40A(2), shall be liable to a fine or to imprisonment for a period not exceeding 25 years or to both such fine and such imprisonment.
Any person who, in connection with any activity carried on by him or her, in a fraudulent manner takes, assumes, uses or publishes any name, description, title or symbol indicating or conveying or purporting to indicate or convey or which is calculated or is likely to lead other persons to believe or to infer that such activity is carried on under or by virtue of the provisions of this Act or under the patronage of the prosecuting authority , or is in any manner associated or connected with the prosecuting authority , shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 25 years or to both such fine and such imprisonment.
for the purpose of performing his or her functions in terms of this Act or any other law; or when required to do so by order of a court of law.
Any person who contravenes subsection (6) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 15 years or to both such fine and such imprisonment.
[S. 41 substituted by s. 19 of Act 61 of 2000.
No person shall be liable in respect of anything done in good faith under this Act.
Anyone holding office as an attorney-general in terms of the Attorney-General Act, 1992 (Act 92 of 1992), shall, subject to paragraph (b) , be deemed to have been appointed as a Director in terms of this Act , and shall continue to function in terms of the laws applicable to his or her Office.
The President shall, as soon as reasonably possible after the commencement of this section, appoint each attorney-general referred to in paragraph (a) as a Director at the Office that, and for such term as the President, after consultation with the attorneygeneral concerned, may determine, but such term shall not extend beyond the date on which the attorney-general concerned will attain the age of 65 years.
The provisions of section 12 (4) shall apply with the necessary changes in respect of a Director referred to in paragraph (b) : Provided that the reference in section 12 (4) to the age of 65 years shall be construed as a reference to the date on which the Director 's term of office as contemplated in paragraph (b) expires.
If the term of office of a Director appointed under paragraph (b) expires before he or she has attained the age of 65 years, he or she shall be entitled to pension benefits determined and calculated under all circumstances as if he or she was employed as a Director-General in the public service, who served as a Director-General for five years.
Anyone holding office as an attorney-general in terms of a law other than the Attorney-General Act, 1992, or holding an appointment as acting attorney-general, shall be deemed to have been appointed as an acting Director under this Act at the office where he or she holds such office or appointment, and shall continue to function in that capacity until otherwise determined under this Act or any other law.
(a) Any person who immediately before the commencement of this section was employed by the State as a deputy attorney-general shall continue in such employment and shall be deemed to have been appointed as a Deputy Director in terms of section 15 (1).
shall continue in such employment as a prosecutor ; and shall be deemed to have been authorised to exercise the powers referred to in section 20 (1): Provided that no prosecutor shall, by virtue of this section, have more powers than he or she would have had under the delegation concerned.
Criminal proceedings which have been instituted before the commencement of this Act , must be disposed of as if the decision to institute and prosecute in such criminal proceedings had been taken by a member of the prosecuting authority appointed in terms of this Act.
Any attorney-general, deputy attorney-general, state advocate or prosecutor who continues in office in terms of this section must, within three months after the commencement of this Act , take the oath or make the affirmation referred to in section 32 (2).
As from the date of the commencement of this section, all offices of attorneysgeneral at the High Courts contemplated in item 16 (4) (a) of Schedule 6 to the Constitution , shall become offices of the prosecuting authority as referred to in section 6 of this Act.
[Sub-s. (7) deleted by s. 12 of Act 56 of 2008.
Subject to the Constitution and this Act , all measures which immediately before the commencement of this section were in operation and applied to attorneys-general, deputy attorneys-general, state advocates and prosecutors, including measures regarding remuneration, pension and pension benefits, leave gratuity and any other term and condition of service, shall continue in operation and to apply to the said attorneysgeneral, deputy attorneys-general, state advocates and prosecutors until amended or repealed by this Act : Provided that no such measure shall, except in accordance with an applicable law or agreement, be changed in a manner which affects such attorneysgeneral, deputy attorneys-general, state advocates and prosecutors to their detriment.
Notwithstanding the commencement of this Act , all measures regulating the institution and conducting of prosecutions in any court shall remain in force until repealed or amended under this Act or by any competent authority.
'fixed date' means a date to be determined by the President by proclamation.
Prior to a date determined by the National Director , any person employed by the Directorate of Special Operations must inform the National Director whether they consent to be transferred to the South African Police Service.
An employee contemplated in subsection (3) may be transferred to the South African Police Service only with his or her consent.
The remuneration and other terms and conditions of employment of employees transferred in terms of subsection (3) may not be less favourable than those that applied immediately before their transfer.
The transfer contemplated in subsection (3) does not interrupt the employees' continuity of employment and the employees remain entitled to all rights and benefits, including pension benefits and privileges to which they were entitled to immediately before transfer.
An employee referred to in subsection (3) who does not consent to be transferred to the South African Police Service must, prior to the date referred to in subsection (2), notify the National Director thereof in writing.
after consultation with the Minister and the Cabinet members responsible for the public service and for finance, offer to transfer the employee to a reasonable alternative post or position in any government department or state institution in accordance with subsection (4) (b) and (c) and section 14 of the Public Service Act, 1994 (Proclamation 103 of 1994), shall, unless the context indicates otherwise, apply to such a transfer; or after consultation with the Minister , offer to transfer the employee to a reasonable alternative post or position in the prosecuting authority , other than any post of special investigator , in accordance with subsection (4) (b) and (c).
If the employee does not accept the offer made in paragraph (b) within 30 days of it being made, the employee's employment automatically terminates on the fixed date.
An employee whose employment is terminated in terms of paragraph (c) is entitled to a severance package determined by the Minister in consultation with the Cabinet members for the public service and for finance.
The severance package provided for in paragraph (d) may not be less favourable than the severance package provided for in the Determination on the Introduction of an Employee-Initiated Severance Package for the Public Service determined in terms section 3 of the Public Service Act, 1994.
Any dispute arising from the interpretation or application of this section in so far as employees are concerned must be referred to the Labour Court for determination.
Any decisions made, directions issued and any proceedings instituted by the employer immediately before the fixed date in respect of an employee referred to in subsection (3), remains [sic] applicable to him or her and must be implemented or finalised as if the National Prosecuting Authority Amendment Act, 2008, has not been passed.
Any member of the prosecuting authority who was employed in the Directorate of Special Operations immediately before the fixed date, shall continue to be employed in the Office of the National Director , and shall exercise, carry out and perform his or her powers, duties and functions as conferred, imposed or assigned to him or her by the National Director and subject to the control and directions of the National Director or a person authorised thereto by the National Director.
The National Prosecuting Authority Amendment Act, 2008, does not affect the validity of any investigation performed by the Directorate of Special Operations before the fixed date, including any functions incidental to such investigations or the institution of any criminal proceedings.
Investigations by the Directorate of Special Operations that are pending immediately before the fixed date must, on that date, be transferred to and continued by the Directorate for Priority Crime Investigation in accordance with a mechanism to ensure that the investigations are not prejudiced by the transfer.
The Minister , in consultation with the Cabinet member for police and after consultation with the National Director and the National Commissioner, must determine the mechanism referred to in paragraph (a).
As from the fixed date any liability incurred by the Directorate of Special Operations as a result of any investigation by that Directorate, shall pass to the prosecuting authority , unless the Minister in consultation with the Cabinet member for police, in a specific instance determines otherwise.
of the South African Police Service Act, 1995.
The Head of the Directorate for Priority Crime Investigation may, at any time after the fixed date, withdraw such a request.
The National Director must designate a Director in respect of each investigation referred to in paragraph (a) , who must assist the Directorate of Priority Crime Investigation in carrying out such an investigation.
such administrative and support personnel employed by the Directorate of Special Operations as may be agreed upon between the National Director and the National Commissioner, may be transferred to the South African Police Service.
[S. 43A added by s. 20 of Act 61 of 2000 and substituted by s. 13 of Act 56 of 2008.
NATIONAL PROSECUTING AUTHORITY ACT 32 OF 1998 Page 34 of 38 area of jurisdiction of that Court.
[S. 45 substituted by s. 13 of Act 122 of 1998.
This Act shall be called the National Prosecuting Authority Act, 1998, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
Repeal of sections 2 and 5.
(1) (a) The direction of the National Director of Public Prosecutions contemplated in section 179 (1) (a) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), shall state the name of the accused, the relevant offence, the place at which (if known) and the Director in whose area of jurisdiction the relevant investigation and criminal proceedings shall be conducted and commenced.
To amend the National Prosecuting Authority Act, 1998, so as to make provision for the establishment of the Directorate of Special Operations; to make provision for the existing Investigating Directorates to become part of the Directorate of Special Operations; to amend the Interception and Monitoring Prohibition Act, 1992, so as to make provision for applications for directions in terms of that Act by the head of the Directorate of Special Operations; and to provide for matters connected therewith.
1 Substitutes the Preamble to the National Prosecuting Authority Act 32 of 1998.
2 Amends section 1 of the National Prosecuting Authority Act 32 of 1998 , as follows: paragraph (a) inserts the definitions of 'Directorate of Special Operations' and 'head of an Investigating Directorate'; paragraph (b) substitutes the definitions of 'Investigating Director' and 'Investigating Directorate'; paragraph (c) inserts the definition of 'investigation'; and paragraph (d) inserts the definitions of 'special investigator' and 'specified offence'.
3 Amends section 5 (2) of the National Prosecuting Authority Act 32 of 1998 by inserting paragraph (d A).
4 Substitutes section 7 of the National Prosecuting Authority Act 32 of 1998.
5 Amends section 11 of the National Prosecuting Authority Act 32 of 1998 by substituting subsection (1).
7 Amends section 15 of the National Prosecuting Authority Act 32 of 1998 by substituting subsection (1).
8 Inserts Chapter 3A (sections 19A to 19C) in the National Prosecuting Authority Act 32 of 1998.
9 Amends section 23 of the National Prosecuting Authority Act 32 of 1998 by adding subsection (2), the existing section becoming subsection (1).
10 and 11 Substitute respectively sections 26 and 27 of the National Prosecuting Authority Act 32 of 1998.
12 Amends section 28 of the National Prosecuting Authority Act 32 of 1998 , as follows: paragraph (a) substitutes subsections (1) to (6); paragraph (b) deletes subsections (11) and (12); and paragraph (c) substitutes subsection (14).
13 Amends section 29 of the National Prosecuting Authority Act 32 of 1998 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (5); and paragraph (c) substitutes subsection (11).
14 Substitutes sections 30 and 31 of the National Prosecuting Authority Act 32 of 1998.
15 Amends section 36 of the National Prosecuting Authority Act 32 of 1998 by substituting subsections (3), (3A), (4) and (5) for subsections (3) and (4).
16 Amends section 38 of the National Prosecuting Authority Act 32 of 1998 by adding subsections (3) and (4).
17 Substitutes section 40 of the National Prosecuting Authority Act 32 of 1998.
18 Inserts section 40A in the National Prosecuting Authority Act 32 of 1998.
19 Substitutes section 41 of the National Prosecuting Authority Act 32 of 1998.
20 Inserts section 43A in the National Prosecuting Authority Act 32 of 1998.
21 Inserts the index in the National Prosecuting Authority Act 32 of 1998.
22 Amends section 1 of the Interception and Monitoring Prohibition Act 127 of 1992 , as follows: paragraph (a) inserts the definition of 'Directorate'; and paragraph (b) adds paragraph (c) to the definition of 'serious offence'.
23 Amends section 3 (2) of the Interception and Monitoring Prohibition Act 127 of 1992 by adding paragraph (d).
25 Amends section 5 of the Interception and Monitoring Prohibition Act 127 of 1992 by substituting subsection (2).
This is the National Prosecuting Authority Amendment Act, 2000, and comes into operation on a date fixed by the President by proclamation in the Gazette.
To amend the National Prosecuting Authority Act, 1998, so as to repeal the provisions relating to the Directorate of Special Operations; and to provide for matters connected therewith.
1 Amends section 1 of the National Prosecuting Authority Act 32 of 1998 , as follows: paragraph (a) deletes the definition of 'Directorate of Special Operations'; paragraph (b) substitutes the definition of 'head of an Investigating Directorate'; paragraph (c) substitutes the definition of 'Investigating Director'; paragraph (d) deletes the definition of 'special investigator'; and paragraph (e) substitutes the definition of 'specified offence'.
2 Amends section 5 (2) of the National Prosecuting Authority Act 32 of 1998 by deleting paragraph (d A).
3 Substitutes section 7 of the National Prosecuting Authority Act 32 of 1998.
4 Amends section 13 (1) of the National Prosecuting Authority Act 32 of 1998 by deleting paragraph (a A).
5 Repeals Chapter 3A (ss 19A to 19C inclusive) of the National Prosecuting Authority Act 32 of 1998.
6 Amends section 23 of the National Prosecuting Authority Act 32 of 1998 by deleting subsection (2).
7 Amends section 26 of the National Prosecuting Authority Act 32 of 1998 by substituting subsection (2).
8 Amends section 28 (2) of the National Prosecuting Authority Act 32 of 1998 by substituting paragraph (a).
9 Repeals sections 30 and 31 of the National Prosecuting Authority Act 32 of 1998.
10 Amends section 36 of the National Prosecuting Authority Act 32 of 1998 , as follows: paragraph (a) substitutes subsection (3); paragraph (b) deletes subsection (3A); paragraph (c) substitutes subsection (4); and paragraph (d) substitutes subsection (5).
11 Amends section 40 of the National Prosecuting Authority Act 32 of 1998 , as follows: paragraph (a) substitutes the words in subsection (1) preceding paragraph (a) ; and paragraph (b) deletes subsection (2).
12 Amends section 43 of the National Prosecuting Authority Act 32 of 1998 by deleting subsection (7).
13 Substitutes section 43A of the National Prosecuting Authority Act 32 of 1998 . [Date of commencement of s. 13: 20 February 2009.
14 Amends the Preamble to the National Prosecuting Authority Act 32 of 1998 by deleting the ninth, tenth and eleventh paragraphs.
This Act is called the National Prosecuting Authority Amendment Act, 2008, and comes into operation on a date determined by the President by proclamation in the Gazette.
<fn>GOV-ZA.1998033101En.2012-02-10.en.txt</fn>
On 3 February 1998 the Department of Finance announced that it recommended that the following institutions be appointed to a panel of primary dealers for the marketing of government's domestic capital market debt instruments as from 1 April 1998, subject to these institutions being able to fully conform to a set of qualifying criteria.
All the recommended institutions have conformed to the qualifying criteria and have been appointed as primary dealers in government bonds from 1 April 1998. All the abovementioned institutions have been subjected to an independent special audit by the Registrar of Banks. The audit revealed that no bank's primary dealer operation will result in any prudential or systemic risk to the financial markets.
In those instances where primary dealers do not conform to the requirement in respect of the minimum capital requirement of R1 billion, the controlling shareholder must provide a letter of comfort i.r.o.
Primary dealers are required to continuously quote firm bid and offer yields in selected bench-mark government bonds and to participate meaningfully in regular auctions in government bonds.
On 1 April 1998 the Department of Finance will formally switch from the current tap system of marketing its capital market debt instruments to an auction system. From 1 April 1998 primary dealers will enjoy exclusive dealing rights with the issuer in respect of all domestic government bond issues. It is therefore an obligation of primary dealers to participate actively in the auctions by bidding market related yields on a competitive basis.
the auction-system is in the process of being automated through a Bloombergs system in order to achieve an accurate and quick allocation. (planned date of automation is 1 June 1998). As an interim solution, bids are to be submitted by telephone, fax and or e-mail; and the day after the auction, mostly on Wednesdays, the details of amounts and bonds that will be offered at the next auction, will be announced.
An auction calendar for the 1998/99 financial year is attached.
A set of rules which provide the framework of obligations to which primary dealers, the Department of Finance and the South African Reserve Bank will have to adhere, has been drawn up. These rules which will establish a formal relationship between all parties, are attached.
In addition to a primary dealer's responsibility to ensure a minimum level of demand in the primary market, it also has a responsibility to ensure liquidity in the secondary market.
The secondary market principles and procedures are defined in a document called Code of Conduct of which a copy is attached.
All primary dealers are obliged to quote a two-way price in the R162, R175, R150, R184, R153, R157 and R186 government bonds between 08:30 and 16:30 during normal market conditions, subject to counterparty credit considerations. The minimum bid size is R10 million and the maximum bid-offer spread is 2 basis points in the more liquid bonds and 3 basis points in the less liquid bonds.
<fn>GOV-ZA.199803En.2012-02-10.en.txt</fn>
Special e-mail edition!
Things have definitely been on the up for Africa in general, and for Southern Africa in particular -the so-called African Renaissance is showing some sign of becoming a reality, and a new spirit of optimism abounds. In terms of finance and investment, however, SADC countries are also facing new challenges, not the least of which is having to deal with the aftermath of the Asian financial crisis. It will be interesting to see what developments take place over the next few months. For FISCU and the Finance and Investment Sector, the next few months are particularly busy ones - the presentation of the findings of our research project to ministers and governors, the development of a draft sectoral protocol, the preparation of a document for the Southern African Economic Summit of World Economic Forum (to be held in Namibia in May), plus the increasing number of initiatives and projects which are falling under the SADC Finance and Investment Sector umbrella. Not that we mind, of course it s a good sign that progress in SADC is underway in an array of different areas related to finance and investment!
In this edition, you can read about the headway being made with regard to the SADC Committee of Stock Exchanges, the harmonisation of accounting standards project, plans to establish an Association of Commercial Banks, and the Committee of Central Bank Governors in SADC. There s also news from the SADC Council of Ministers meeting, information about the forthcoming Southern African Economic Summit, and a discussion of the recently-released Africa Competitiveness Report.
Once again, we would like to encourage readers to write to us, whether it is to comment on one of the articles, or to propose suggestions. This newsletter is a forum through which those with an interest in the SADC region can exchange information, ideas and opinions, a useful opportunity, since our readership ranges from government officials and donor agencies, to private companies both within and outside the SADC region.
Sir/Madam - We have just come across the December 1997 issue of the Finance and Investment Sector News produced by the FISCU. This is a very good newsletter which provides useful and relevant information to investors etc. We shall be glad if you could include our web site address in your next issue. The EPZDA is a parastatal organisation under the Ministry of Industry and Industrial Technology in Mauritius and we offer a wide array of services to industry. You may find more information on our web site at http://epzda.intnet.mu. Thanks.
The second draft of the Sectoral studies, commissioned by the Finance and Investment Sector to assist in the development of a protocol, were completed in December 1997. The three studies (macroeconomic convergence and the crossborder effects of structural adjustment policies, investment climate and development finance) were then subjected to a review process by FISCU, the European Union (who sponsored the project) and the SADC Secretariat. The studies were finalised in January 1998, after comments from the reviewers had been taken into account. Currently, FISCU is in the process of evaluating the conclusions and recommendations of the studies.
At the time of writing, the Director of FISCU is visiting several of the SADC countries to familiarise Ministers and top officials with the recommendations of Lesotho, which is planning to set up a stock exchange in the near future.
implications thereof. region effortless.
27 March in Johannesburg.
Discussions will take place at found on this webpage.
Central Bank Governors, as Governors will be hosted by well as representatives from the Bank of Mauritius on the regional stock exchanges, 3 April 1998. For an update development finance on the progress of projects institutions and investment and information on any promotion agencies, will be important issues, watch this invited to the workshop. space!
Angola was transformed into requirements.
February 1991 If not, then February, was to provide a you ve probably not visited forum where the stock the Internet website of the exchanges in the region coul?
(http://www.sadcbankers.
The history of all SADC taken towards formulating member central banks can be regional policy.
Information. Where representatives from stock possible, a link has also been exchanges in Botswana, created to the Internet Malawi, Mauritius, South webpage of all the member Africa, Swaziland, Zambia central banks. This makes and Zimbabwe.
The clearing and settlement part of the workshop focused especially on the establishment of a centralised depository system (CDS).
What is a CDS?
A CDS is a computerised system which eliminates the need for physical records of securities ownership (scrip) and the manual updating of records in the share registers. Its function is two-fold - it acts as a register of scrip and shareholders, and also enables settlement of trades to occur much quicker and more efficiently. Today, most of the world s stock exchanges work on a CDS system; however, only two SADC exchanges have established CDS s, namely the Stock Exchange of Mauritius and the Lusaka Stock Exchange, while the Johannesburg Stock Exchange (JSE) is in the process of setting up its own system.
Why is it important for all the SADC Exchanges to have a CDS?
The benefits of having a CDS include increased market activity, reduced risk, the enabling of delivery versus payment, shorter settlement cycles, and increased efficiency. Many of the SADC Exchanges rely on foreign capital, and foreign investors tend to prefer to invest in markets with a CDS, for the reasons mentioned above.
Also discussed at the workshop was the harmonisation of listings requirements (the requirements a company must meet before it can list on a stock exchange, and the rules and regulations it must follow). The aim is for SADC exchanges to adapt the listings requirements of the JSE to suit their own needs.
Why should the exchanges harmonise their listings requirements?
Harmonising listing requirements will serve to promote market practices that are of an international standard. It will also make it easier for dual listings to occur, which will allow more capital to be raised on the SADC exchanges.
Many of the SADC exchanges do not have the necessary resources or capacity to develop more sophisticated systems. In the spirit of regional cooperation, both the JSE and the Stock Exchange of Mauritius made proposals to the Committee for the sharing of infrastructure between exchanges in the region.
The JSE offered to make its facilities and systems available to other SADC stock exchanges.
and C the broker accounting system.
Mauritius proposal is for a shared trading and clearing infrastructure for the SADC exchanges. It involves forming a joint-venture company, in which all participating exchanges would be shareholders, and to which each exchange would outsource its data processing. This company would be built around the hardware and software of the CDS in Mauritius. Brokers in each country would have a computer which would be connected to a local communications server at the local exchange. The communications server would be connected, via a satellite link, to the trading and clearing system running on a central server located in Mauritius. All processing would be done in real-time on the central server located in Mauritius. A general meeting of the SADC Committee of Stock Exchanges will be held in April in Namibia, when these proposals, and other issues emerging from the workshop, will be discussed in further detail.
In the December 1997 edition of our newsletter, we mistakenly reported that Darrell Till of the JSE had been elected chairperson of the SADC Committee of Stock Exchanges. Mr Till was in fact elected as representative for the Committee for that particular meeting in Gaborone. Apologies for the error.
As reported in our previous newsletter, efforts are currently being made to set up a SADC committee on accounting and auditing, which will coordinate efforts to harmonise accounting standards in the Southern African region. Since December, the initial business plan for the project has been finalised, and has been sent to the participating regional organisations to obtain their formal approval and nominations for representatives to participate in the project. The business plan is also currently being discussed with the World Bank and other donor agencies in order to obtain funding for the programme.
Institutions participating in the project, besides SADC (under the direction of FISCU), include the Eastern, Central and Southern African Federation of Accountants (ECSAFA), the East and Southern African Association of Accountants General (ESAAG) and the Southern African Development Community Organisation of Supreme Audit Institutions (SADCOSAI).
Such was our confusion with the above long list of abbreviated names that in the previous (December) issue of the Finance and Investment Sector News, we mistakenly referred to ESAAG as the organisation which, in conjunction with FISCU and IPFA, was assisting in the drafting of the business plan document! The institution concerned was, in fact, ECSAFA, and not ESAAG. Apologies to both organisations for this error!
The formative meeting for the SADC Association of Commercial Banks took place on the 6 March in Johannesburg. Representatives from banks and banking associations in the region were present, as well as FISCU and the Secretariat of the Committee of Central Bank Governors. The meeting was hosted by the Council of South African Banks (COSAB) and chaired by Mr Bob Tucker, COSAB's CEO. The purpose of the meeting was to put some ideas on the table as to the objectives and functions of the envisaged Association of Commercial Banks, as well as to discuss some areas of common interest. No hard and fast decisions were taken; instead delegates were asked to confer with their colleagues on the proceedings of the meeting when they returned home.
Why the need for such an Association Modern financial systems cannot exist in isolation, and that bad banking practices in neighbouring countries can impact adversely on a country's domestic banking system. One example given at the meeting was that clearing periods for cheques differ within Southern Africa, exposing banks in the region to the risk of fraud. Banks therefore create systemic risk, both domestically and internationally, which regional cooperation could assist in reducing. Also, bank failures in any one country in the region will serve to discredit the Southern African banking system as a whole. Further, trade between the SADC countries will be further facilitated by cooperation in correspondent areas?
In what areas could cooperation between commercial banks occur Delegates discussed what the role of the Association would be. One of the main ways in which banks could cooperate, it was decided, was by exchanging information. Other areas included networking, payments systems and standards, training, and lobby support in relation to legislation and regulation. The structure and reporting system of the Association was also discussed. It was decided that meetings of the Association should only take place once or twice a year, but that members should keep in regular contact. There was general consensus that COSAB should act as the Secretariat of the Association, at least for the next few years?
The "Year 2000" problem A presentation on the socalled "Year 2000" problem was given by Mr Louis Erlank of the South African Reserve Bank. The presentation brought home the urgency of implementing a Year 2000 programme, and stressed that the problem was not merely an information technology problem, but an organisational problem as well. Banks that are not Year 2000 compliant will create risks to the financial system and it is therefore imperative to the stability of Southern Africa's banking system that all banks in the region are Year 2000 compliant.
No date was set for a second meeting, although the venue has been provisionally scheduled for Harare, Zimbabwe..
Although this information will be familiar to readers who have seen copies of our previous newsletters (all two of them!), there may be those out there who are not quite sure what FISCU or the Finance and Investment Sector is. It s very simple . CMuch of the work done under the umbrella of SADC is performed by various sectors . Each country has one or more sectors which it is responsible for coordinating. CResponsibility for coordinating the Finance and Investment Sector was delegated to South Africa in February 1995 after the country joined SADC. CFISCU is the SADC Finance and Investment Sector Coordinating Unit, located in South Africa s Department of Finance. As the name suggests, we coordinate all the meetings, projects etc. which fall under the Finance and Investment Sector. We also produce this newsletter.
While it is acknowledged that as a world region, SADC has long been at the periphery of global developments, the time has come for the world to review prevalent perceptions about the region in accordance with the structural changes currently being witnessed within the region. The responsibility of changing such perceptions should be borne by the region, however.
In each of SADC economies, long-lasting and fundamental changes have been taking place. These have included reorientation of economic policies, featuring deregulation of prices, interest and exchange rates, and a review of the role of the state in the economy which has resulted in the privatisation of state enterprises. Individual countries have undertaken these reforms with the help of multilateral institutions such as the IMF and the World Bank, in the form of structural adjustment programmes (SAPs).
The reform process that has been implemented by SADC member countries has been painful and accordingly there have been some slippages. In general, however, slippages have been few and scattered and the perseverance exhibited in the process of economic reform has begun to bear fruits in the region. The economic growth rates that have been achieved by SADC recently bear testament to this: in 1996, Africa achieved five percent expansion, the best performance in two decades; the average growth rate in SADC was 1.6 percent higher than this.
2.1 percent a year), while seven countries exceeded the sub-Saharan average of 1.7 percent. What is even more exhilarating is the significant improvement that has been recorded by the SADC region in the post-1995 period.
3.9 percent for 1996, compared with 3.7 percent in 1995 and 3.1 percent in 1994. This figure could have been even higher if South Africa had achieved higher growth rates during the same period.
having growth rates of six percent or more. This trend, of substantially improved economic growth rates is expected to continue during 1998 and 1999.
The recent economic performance of SADC leads up to a major question: Is SADC on the right track?
GDP growth rates are not the only indicator that can be used to assess the success or lack thereof in the SADC context. Other indicators which have a direct bearing on a broader macroeconomic framework -such as inflation, exchange controls, interest rates, exchange rate, and budget deficit - also need to be looked at. While recognising our good economic performance, we should be aware of the major challenges and difficulties that lie ahead for the region, especially in terms of financial, economic and investment matters. Although liberalising our economies is essential, as demanded by global trends, SADC member countries also need to build domestic and regional productive capacity as the basis for their own long-term economic development. The reform policies of SADC countries can only provide sustainable growth levels if they are supplemented by far-sighted policies that emphasise infrastructural, trade and industrial development, allowing the private sector to participate in these and other productive activities.
In recognition of this challenge, a research study was commissioned by the Finance and Investment Sector to find ways to facilitate the convergence of our macroeconomic structures and ensure a systematic coordination of structural adjustment programmes. In line with the objective of improving productivity at regional level the SADC Finance and Investment Sector is seeking to re-design the regional financial sector to cater for global demands. SADC s contribution in this regard is focused on improving the effectiveness and efficiency of the financial sector. The thrust of the projects which have been conducted so far have accordingly been on financial infrastructure (e.g. the SADC payments systems project), financial management (e.g. accounting and auditing profession programme) and economic services (e.g. SADC database of monetary and financial statistics).
SADC will have to create an environment that will allow it to be an active participant in global developments. This will require efficient production structures capable of meeting the demands of international markets. This poses a challenge to SADC, to work coherently to solve the above problems.
Liberalisation alone, although going a long way towards solving these problems, will fall short of addressing the infrastructural deficiencies currently existing in the region. SAPs designed to fit the needs of the region, accompanied by prudent capacity building policies, and the sharing of experiences and technologies will provide a base for sustainable development and growth. It is obvious that in the current environment, the growth rates that have been achieved might not be sustainable.
(un)employment has not been particularly vigorous. Current economic growth rates are not sufficient to impact positively on the poverty levels and unemployment levels of poverty are gradually increasing and, even among the SADC countries that have enjoyed healthy economic growth rates; unemployment levels, too, are rising. We are being too optimistic if we expect that SAPs and stabilisation policies alone can solve the high poverty incidence and unemployment problem. Both SAPs and stabilisation policies are designed specifically to increase growth rates and although there is empirical evidence that economic growth improves the socioeconomic conditions of the people, for SADC, a rather poor response to adjustment highlights the fact that SAPs cannot sufficiently solve the problem of poverty. This is true especially for countries that are currently implementing the IMF s ESAF programme as this institution openly declares that problems such as poverty are the responsibilities of governments. SADC s governments, therefore, cannot afford to sit back and attribute the increasing poverty rates to World Bank and IMF policies - in fact, should they do so, they will be reneging their responsibilities to institutions which do not account to the people of the region.
In conclusion, while reforming our economies, let s endorse productivity and poverty alleviation policies in our overall regional macroeconomic framework, acknowledging that reforms should be supplemented by prudent policies.
FISCU would like to invite comments on the above editorial: see back of newsletter for contact details.
SADC Council met in Maputo, Mozambique, from the 28th to the 30th of January. At Council meetings, events and happenings in all SADC sectors and institutions over the preceding six months are discussed - new projects are approved and new developments are noted. In terms of the Finance and Investment Sector, there were no projects to be approved this time round.
CThe Review and Rationalisation of the SADC Programme of Action: In the last newsletter, it was reported that the issues raised in this report would be debated at a regional and national level, and that final recommendations would be submitted to Council at the January meeting. However, by the end of December 1997 only Botswana, Malawi, Mauritius, Namibia, South Africa, Swaziland and Zambia had held internal consultations on the report, and no second regional workshop had been convened. The final report on the study will therefore be presented at the next Council of Ministers meeting in September.
CReport on the ACP position on the successor to the LomJ Convention after the Gabon summit: The LomJ Convention, the European Union s trade and aid agreement with the African, Caribbean and Pacific (ACP) countries is due to expire in 1999. The ACP countries and the EU will soon begin negotiating a successor to the LomJ Convention, in the light of changes in Europe and in the ACP countries, as well as pressure to comply with World Trade Organisation (WTO) regulations. The ACP Heads of State and Government met in Libreville, Gabon in November last year to agree on a common position for the ACP on this issue. Apart from discussing the LomJ Convention, the ACP Summit also took some steps towards furthering cooperation among ACP States in terms of monetary and financial matters. It was agreed that Finance Ministers of the ACP countries should meet in the first half of this year to discuss, among other things, issues pertaining to debt relief and debt reduction measures, and examining the implications for ACP countries of the EU s planned single currency.
CSADC Industry and Trade Sector: Of relevance to the Finance and Investment Sector is the planned meeting of SADC Ministers of Industry and Trade in preparation for the second WTO Ministerial Conference to be held in Geneva and the 50th anniversary of GATT, both in May. The SADC Ministers of Finance and Investment will also attend this meeting, which will be convened in or before April.
CTranslation of official SADC documents into Portuguese: SADC currently has two official languages, English and Portuguese (pending the attainment of full membership status of the Democratic Republic of Congo, whereupon French will become the third official language). All official SADC documents are supposed to be available in both English and Portuguese; however, due to a lack of capacity and an increase in the volume of work at the SADC Secretariat, this has been a difficult task to manage. This has affected the participation in SADC of the Lusophone (Portuguese-speaking) countries, Angola and Mozambique. The services of a consultancy have been acquired to look into possible ways of dealing with this problem, in particular, ways of reducing the Secretariat s burden. As far as the Finance and Investment Sector is concerned, although thus far our documents have only been printed in English, translation facilities have always been available at our meetings. Furthermore, the executive summary document of our research project will be translated into both French and Portuguese, and it is FISCU s intention to make all of our important documents available in the three languages.
CPromotion of trade and investment between SADC and Europe: Currently underway is an initiative called SAFRI, directed at encouraging trade and investment between SADC and the German business community. Three conferences have been held, aimed at promoting partnerships between SADC and German business houses, enhancing the flow of German investment into SADC and increasing the volume of trade between SADC and Germany. Furthermore, France and SADC have held discussions to explore areas of potential cooperation areas identified include agriculture, construction and energy.
Amongst the international community, Africa has had the image of a continent of famine, disasters, corrupt leaders, and badly managed economies. While it is certainly true that Africa has had more than its fair share of problems, much of this perception arises from ignorance about the continent.
It is therefore encouraging to read the Africa Competitiveness Report, a document published by the World Economic Forum and released for its meeting in Davos, Switzerland (29th January - 3rd February) . The report paints a picture of Africa as a continent which is slowly beginning to emerge from the darkness. It is hoped that this report will go some way towards changing the international business community s perception of Africa, and encourage foreign investors to look at Africa as a possible option.
Report analyses and compares 24 African countries, in terms of statistical data as well as in terms of top African CEO s perception of the business environment. The countries are ranked according to a number of different indices related to competitiveness. Areas are identified which African countries must look at if they are going to become more competitive.
In terms of the Competitiveness Index itself, Mauritius was ranked first out of the 24 countries compared, with Botswana (3), Namibia (4) and South Africa (7) also obtaining good rankings. Zimbabwe, on the other hand, obtained a surprisingly low ranking (20). The report s authors explain that two of the main factors contributing towards competitiveness appear to be good governance and good leadership. Emphasis is also placed on policy stability and transparency as preconditions to competitiveness as well as to the attraction of foreign investment. Further, the report found a significant correlation between the UNDP s Human Development Index and the Competitiveness Index, an indication both of how competitiveness impacts on human welfare, and how a higher level of human development in a country can help its economy to become more competitive. A number of reasons were listed for the position of those who performed poorly, including political turmoil (as in the case of Angola) and new reformers who face particularly challenging situations (such as Malawi).
Lesotho was ranked first overall in a comparison of GDP growth averages from 1994-96, averaging 12.1 percent growth over these years. Mozambique topped the optimism index, which is compiled from direction of change questions in the survey; Tanzania was second in this ranking. Tanzania and Mozambique also scored highly in the improvement index, which measures perceived improvement in the economy over the past five years. The report notes that it was generally the best reformers who tended to obtain high rankings in terms of these two indices. The relatively low rankings of countries such as Mauritius, Botswana and Namibia are explained by contentment with the present situation rather than a pessimistic attitude towards the future.
how the SADC countries fared.
Mozambique (18) 10. Zimbabwe (20) 11.
The Southern African Summit of the World Economic Forum is an annual event held in coooperation with SADC.
It provides an opportunity for African business and political leaders to meet with international businessmen and women, to discuss matters of common interest. This year s Summit will be held in Windhoek, Namibia, from the 17-19 May.
Priorities for Global Competitiveness in the 21st Century and discussion topics include Southern Africa s competitiveness: an in-depth study , Creating a complete economic community by 2008: is this too late , Good governance and best practices , South African corporate giants: can they make a difference and are they welcome , an?
Restructuring the banking sector for growth and development . You can read more about the Summit at http://www.weforum.org/activ ities/regional/zaes. Once again, FISCU will produce a theme document for the Summit. This document will be an updated version of last year s Southern Africa: A New Growth Opportunity, giving country information on, among other things, financial institutions, foreign trade, investment incentives, taxation, investment promotion agencies, privatisation programmes, exchange controls and investment opportunities.
There will also be a special section on this year s theme competitiveness -and a table of statistics for each country.
The Internet version (http://www.budget.gov.za/S ADC) will be updated as well.
6 March: Meeting of the Association of Commercial Banks in SADC, Johannesburg. 27 March: Final Workshop for the Finance and Investment Sector Studies, Johannesburg. 3 April: Meeting of the Committee of Central Bank Governors, Mauritius. April: SADC Committee of Senior Treasury Officials meeting, South Africa. April: Meeting of the SADC Committee of Stock Exchanges, Namibia. 17-19 May: Southern African Economic Summit of the World Economic Forum, Namibia. 16-19 June: UNIDO Investors Forum in Mozambique. Specifically for investors interested in Botswana, Lesotho, Swaziland, Mozambique and Zimbabwe. (For more information and registration contact UNIDO at PO Box 300, A-1400, Vienna, Austria, Tel: +431-211313896/4866; Fax: +43121131-6806/6808).
Phakamani Hadebe, FISCU Deputy-Director, returned to the FISCU fold in January, fresh from a six month internship at the International Monetary Fund (IMF) in Washington. During his stay, Phakamani was part of an IMF mission to Ethiopia, and wrote a paper on the demand for money function in that country. Phakamani contributed the editorial article to this newsletter.
Mr Themba Zulu has recently been appointed as an Economist at FISCU. Mr Zulu holds a B. Com degree from the University of Zululand, with majors in Economics and Business Economics. Themba s interests lie in the field of macroeconomics, particularly in international economics. What Themba has to say about FISCU: I believe that FISCU s mandate is of great importance in that it will assist in rebuilding confidence in the African economies, especially SADC. Also, its role in policy issues enables it to rest at the centre of regional development. FISCU, I think, provides tremendous scope for growth as an individual in understanding - in particular the policy-making procedures and the wide-reaching implications thereof . FISCU hopes that you are going to enjoy working with us, Themba. We re also very glad to have another staff member to help us bear our ever-increasing workload!
Bongi Kunene: +27-123155653 Phakamani Hadebe: +2712-3155651 e-mail: jtr2@cis.co.za Huntly Pringle: +27-123155798 e-mail: hpe1@mweb.co.za Eva Bursvik: +27-123155967 e-mail: evab@iafrica.com Rosalind Mowatt: +27-123155951 e-mail: rmt1@mweb.co.
Newsletter compiled and edited by Rosalind Mowatt.
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It is a somewhat doubtful honour to be the last speaker at this podium. We have had excellent food for thought, and you will want me to keep this course brief!
I want to talk about the importance of fiscal reform, and indicate some of the steps we are taking in South Africa to bring our budgeting system up to date with best practice from around the world.
Sound fiscal management and transparency have always been important to ensure that the public finances are sustainable, that governments are held democratically accountable for the delivery of services, that public services are responsive to the needs of their consumers, and that public money is used efficiently and effectively.
But the importance of fiscal management, and particularly transparency, have taken on a new dimension in this era of globalisation. As a middle income economy, South Africa competes in global markets for investment and trade. Understandably, international investors attach considerable importance to budgetary systems and transparency as indicators of the nation's economic health and the quality of its governance.
The ANC Government which was elected in South Africa in 1994 has embarked on transformation programmes across the full spectrum of public policy - redressing the inequalities of apartheid, strengthening our industrial and development programmes, creating new provincial governments, privatising state enterprises. We were of course aware that many countries have set themselves similar goals and have failed - their social plans undermined by debt, inflation and unsustainable budget balances. So we have attached considerable priority to wholesale reform of our budget system. We are a young democracy with a radical new Constitution. Alongside a progressive bill of rights and a detailed democratic charter, we have built the key principles of sound public finances and fiscal transparency into our Constitution itself. The independence of our central bank and the auditor-general, the integrity of government revenue and a broad framework for intergovernmental finances are Constitutionally protected.
The Constitution has provided a point of departure; the requirements of good governance have signalled the way forward. We have been gratified to find ourselves in step with other countries, at the forefront of budget reform.
On April 16, 1998, the Interim Committee of the Board of Governors of the IMF adopted a Code of Good Practice on Fiscal Transparency.
I am happy to say that South Africa pre-empted the Code by about a month. For our Budget on March 11th this year satisfies almost every article of the new Code in full.
For the first time, the comprehensive documentation published as part of the Budget sets out economic forecasts, revenue projections and spending plans for three years ahead - one of the key requirements of the Code. The Budget documents set out a comprehensive analysis of the whole of government, including extra-budgetary institutions, and provided consolidated accounts for General Government. The purposes for which public funds were being directed, and the outputs they were expected to deliver, were set out clearly.
And all this information was published for the whole world to examine, simultaneously, on the world wide web.
Later this year, South Africa will introduce a new Treasury Control Act which will codify in legislation our system of fiscal management, as required by the Code. Thus we are proud to say that South Africa already meets the spirit and the key goals of the Code of Good Practice on Fiscal Transparency.
Democracy is just four years old in South Africa, and the ANC Government has given considerable priority to budget reform to help us to meet our goals for the transformation of public services and improved service delivery.
We have implemented our new Constitution with its three spheres of Government. This has meant devolving responsibility and accountability for the majority of public spending to provincial and local government, and putting in place a framework of fiscal transfers which are equitable and permit each sphere of government to carry out the functions delegated to it in the constitution.
We have radically altered the budgetary priorities we inherited from the apartheid regime; we have cut defence spending by over 60 per cent in real terms, giving priority instead to social services such as health and education; we have dramatically shifted the geographical distribution of spending from the previously advantaged white areas to public services which now serve the nation equitably.
We have adopted, and we have delivered, sound macroeconomic targets to ensure sustained economic growth. We have accommodated new spending programmes within an affordable spending envelope. Our deficit reduction programme has brought the budget deficit down from over 10 per cent in the last year of the old regime to just 3½ per cent this year. Next year we will reduce it further, to 3 per cent.
We have introduced a Medium Term Expenditure Framework. Our economic and fiscal projections are set out in the Budget for the three years ahead, showing the affordable level of spending and the proposed budget allocations to each programme. This improves parliamentary and public understanding and enhances debate; it provides a stable framework within which public services can plan; and it gives financial markets the assurance that Government has a vision of what it wants to achieve which is both politically and economically viable.
We have introduced a pre-Budget policy statement, called the Medium Term Budget Policy Statement, which we published three months before the Budget. This sets out the broad economic parameters within which the Budget is framed, the likely division of revenue between spheres of Government, and a frank assessment of the policy choices that Government confronts. I believe that no country in the world publishes such a detailed, honest and frank statement of policy issues in the run-up to the Budget.
We have greatly enhanced the quality and quantity of fiscal information that we publish. We now provide consolidated accounts for General Government and the Public Sector. We publish, for each vote, the main outputs that Departments are expected to deliver. We measure our performance against our targets. We explain our policy priorities and choices in the context of our programme of reconstruction and development. We have extended our budget documentation to include discussion of the gender impact of spending programmes, the effectiveness of targeted programmes and the incidence of the tax structure.
We are in the process of drawing up legislation to clarify the respective roles and responsibilities of political office bearers and accounting officers. Sound financial management requires that there should be no ambiguity about where responsibility lies for ensuring that public funds are properly spent.
This has been a significant programme of fiscal reform, with transparency and accountability firmly at the forefront. There is much we still have to do. We must go further in devolving responsibility and accountability. We will establish more firmly the primacy of Parliament in voting funds, and ensuring that the funds are spent as Parliament intended. We will improve the timeliness and quality of our financial reporting. These issues will be covered in a Budget Reform White Paper to be published later this year.
In addition to budget reform, we have also transformed the management of Government assets and liabilities.
For example: We have separated debt management from the Reserve Bank, thereby divorcing the conduct of monetary policy from the marketing of Government securities. We have appointed twelve banks to act as primary dealers in government bonds, including six foreign banks, to facilitate greater international participation in the domestic bond market, increasing competition, enhancing expertise and broadening the investor base for rand-denominated bonds.
We have adopted a cash management framework to improve working capital efficiency, by improved cash-flow forecasting, better cash transmission and improving the configuration of government bank accounts.
We have an intensive programme of restructuring state enterprises. This has included the sale of a substantial stake of our telecommunications utility to a Malaysian consortium in May last year, for $1¼ billion, the sale of a share in our airports management company, the sale of Sun Air, a publicly-owned airline, and the privatisation of several radio stations. At the same time, we are corporatising our public transport providers and restructuring Eskom, our energy utility, into competitive business units. We plan to bring private equity into South African Airlines, the Forestry Company SAFCOL and our armaments industry.
We are bringing private capital, and private expertise, into infrastructure investment through private sector participation in parastatals, and through public private partnerships delivering schemes ranging from the Maputo Corridor, which will rehabilitate the port facilities in Maputo and enhance the communications infrastructure linking Maputo to population centres in South Africa, to private companies building and operating prisons.
We have modernised the national payments system through the introduction of the South African Multiple Option Settlement System. This systems decreases settlement risk and the time taken to effect settlement. This allows more banks to enter the clearing and settlement system, and consumers will benefit from greater payments system integrity and improved cash management.
These reforms are valuable only if they deliver improved public services within affordable levels of expenditure.
South Africa is already seeing some of the fruits of what we have done.
Our programme of deficit reduction, combined with our commitment to limit the tax burden, has inevitably meant a reduction in spending as a share of GDP. National budget expenditure has been reduced from over 34½ per cent of GDP in 1993/94, under the last government, to under 30 per cent this year, and it is expected to fall further over the period of our three year projections. With the deficit pegged at 3 per cent of GDP, and the tax burden projected to be 26 per cent in 2000/01, spending will have to be limited to 29 per cent of GDP.
The fiscal aggregates signal our progress in putting our macroeconomic house in order. But the real test of our programme is in the extent to which we are able to meet people's needs with the resources available. We have embarked on significant reprioritisation of spending, freeing up resources within the total to be spent on our reconstruction and development priorities. Even within a period of fiscal austerity, we have found resources for our priorities.
To achieve all this at the same time as tackling unsustainable public finances inherited from the apartheid regime has required tough choices, and we have had to work hard to improve the effectiveness of every rand we spend. We know that we have a long way still to go to ensure that we get the maximum possible value for money so that we can deliver more and better services.
We have a long way to go on the path of rebuilding our country. I am confident that the fiscal framework we are putting in place will support those difficult decisions, and help us to deliver a better life for all our people.
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The key objective of government policy is the wider transformation of society. This transformation was elaborated and given substance and content in the Reconstruction and Development Programme. The RDP requires of all of us that we work together, that we focus our energies on our new priorities, that we strengthen our capacity to deliver public services efficiently and effectively.
The Budget brings together, in a single statement of fiscal intent, our collective mobilisation of resources towards these transformation objectives.
This House has heard the plans and programmes of government departments responsible for promoting social and economic development in all its dimensions. We have recorded progress across many fronts; we have noted obstacles to delivery; we have applauded the new initiatives and activities to which funds have been allocated for this financial year and beyond.
We have of course heard several accounts of how much more could be done if additional funds were available.
But the Budget has to address many needs. It must balance resource allocations between many spending commitments. Promotion of economic growth and job creation, human resource development, investment promotion and protection of the financial integrity of our economy these and other challenges to our fiscal policy impact inevitably on the means available to us.
Putting the budget together, and coordinating economic and fiscal policies, are important elements in the broader transformation to which we are committed. Today we explore the roles of four departments that contribute to this coordination and integration of economic policy.
The Departments of Finance and State Expenditure, the SA Revenue Service and the Central Statistical Service contribute to the broader transformation programme in special ways. They contribute to the policy environment within which our social and developmental goals can be successfully pursued. They contribute to building the institutions for sound and sustainable transformation. They contribute to the operating rules of an accountable, disciplined, progressive democracy.
Our transformation requires a strong economy.
This government is committed to achieving sustainable growth and development. The policies required need to achieve macroeconomic stability, and be able to keep pace with domestic and global changes.
Although a stable macroeconomic environment is a necessary condition for growth and job creation, it needs to be supported by progressive micro-economic policies, strong institutions and a reinvigorated, capable and professional civil service.
Sustainable development needs to address all of these components. In doing so it will not be possible to satisfy every need in the short-term, but we require a vision which is firmly focused on medium-term priorities and long-term growth and development.
We have to recognise that we are operating in an increasingly globalised environment. Borders are softer, and there is a much easier movement of capital, goods and people than in the past.
Progress towards the formation of the European Union and the establishment of a single EURO currency illustrate this new world. There is also the growing strength of trade groupings in Latin America, amongst the North American economies, between countries linked by the oceans, and indeed between ourselves and our Southern African neighbours.
The eagerness of a number of East European countries to join the European Union, and the new debates which have arisen regarding East Asian integration, speak of the broadening international cooperation within an environment of intensifying competition. We in South Africa do not want to be competitive or improve our access to resources at the expense of our neighbours. The South African approach extends growth and development to the regional economy, and locates our own interests in the context of an African Renaissance. We have defined our goals as a developmental state.
To secure homes and places of work.
Our economic policies are designed to strengthen the role of the state in development by focusing attention on improving the capability of government to deliver education, health and welfare services more effectively to more people. The key to achieving this goal is our ability to reform the public sector. We need to relentlessly pursue the objectives of excellence in service delivery, to reduce the costs of administration, to improve the effectiveness of spending, and to prioritise and re-prioritise.
We have avoided choosing a false, short-term solution to development. We have chosen a road which is sustainable. We have made this choice because our guiding objective and our unwavering commitment is to improve the lives of all South Africans. To do this we have to find the resources to meet the needs of the most vulnerable in our society, to eliminate poverty, to create a better life for all, not just today or tomorrow, but in the future, for our children and their children. We believe that the mix of economic policies we have chosen gives us the best chance of achieving this.
To take advantage of the many opportunities that exist, we have to be more creative, more competitive, more willing to find common and sometimes unconventional solutions. Complacency, hiding behind old theories, excuses and rhetoric does not further the developmental agenda. Identifying problems is easy, finding solutions which contribute positively to growth and job creation requires wisdom and courage.
As part of the transformation agenda which this government has adopted, we have effected a fundamental change in the budget process. The Department of Finance working closely with the Department of State Expenditure developed a three-year Medium Term Expenditure Framework (MTEF) which sets out for Parliament, and the people of this country, the government's spending plans for the next three years.
By providing a three-year horizon, the MTEF allows for more transparent prioritisation. This will enable government to focus on those priorities which are crucial for reconstruction and development.
The first and most important goal of the MTEF has been to strengthen political decisionmaking in the budget process. It has enabled Cabinet to make the link between the budget allocations and the services that we intend to deliver. It has translated abstract choices about budgets into concrete decisions about our priorities.
The second goal of the MTEF has been to strengthen co-operative governance and decisionmaking, and provide a budget framework which captures our shared goals for the country. With three spheres of government, each responsible for their own budgets, there is potential for nationally shared goals and priorities to be lost in a confusion of conflicting and contradictory budgets. The MTEF brings all the spending programmes of government together.
The third goal of the MTEF has been to make sure that every rand goes further: to deliver better services, more infrastructure, more poverty relief, and more reconstruction with the money we can afford. In the years ahead, the analysis underlying the MTEF will provide a tool which links expenditure inputs to service outputs. As the MTEF develops, we will focus more and more attention on reviewing the outputs of all spending programmes and activities.
Finally, the MTEF has made an important contribution to the transparency and openness of budget policy making. In December last year we published a Medium Term Budget Policy Statement, which set out our preliminary projections for the economy, the public finances, and our initial MTEF projections for spending. It set out clearly and frankly the policy choices we face. As part of the new budget process we will each year publish a Medium Term Budget Policy Statement in advance of the tabling of the Budget thus providing Parliament with an early opportunity to contribute to the direction of policy.
The Medium Term Expenditure Framework does not just stretch the budget horizon from 12 months to 36. It is about making sure that we are spending our money on those things we have identified as priorities. It allows us to focus on the management of resources, thereby assisting us to understand that the debate is not about the R23,7 billion which we borrow, but about the way in which we spend the R177 billion we collect in revenues.
Critical to the MTEF process is the role that Parliament plays. This represents a major change in the culture of government. It requires a fundamental change in the way we plan and budget, and creates greater political accountability. By making known the spending plans of government for three years, the MTEF creates the space for Parliament to become actively involved in shaping and assessing these priorities.
There is no other country in the world which makes this amount of information available before the budget. Furthermore the MTEF places South Africa amongst the ranks of a small group of countries of amongst the 183 member countries of the IMF who recently adopted a Code of Good Fiscal Practice.
The MTEF process is supported by government's broader public service transformation, including the finalisation of the White Paper on Budget Reform due to be finished by September 1998. The Departments of Finance and State Expenditure are working on a Treasury Control Bill which will apply to the national departments and the provinces.
The Department of Finance has implemented far-reaching reforms in the area of asset and liability management. A panel of 12 primary dealers has been appointed to market government debt - a process that now occurs through an auction system. This is more efficient than the system of the past, and over time will help to reduce the cost to government of borrowing.
With the co-operation of national departments and provinces it has been possible for the Department to make significant improvements in cash flow management. We have been able to reduce the amount of cash needed to cater for mismatches in flows between payments and receipts to an absolute minimum level of between R1,5 billion and R2 billion. Through these initiatives substantial savings are being made on debt service costs.
I would like to bring to the attention of the House that the Department, in managing our off-shore borrowing with characteristic care and ability, was awarded the deal of the year in its 1997 Yankee bond issue.
The focus in the year ahead will be on developing an integrated database for asset and liability management and the implementation of a modern risk management system for our foreign debt portfolio. Further enhancement of the cash management system is also an important objective.
The implementation of Chapter 13 of the Constitution required legislation to be developed and tabled to support the financial and fiscal intergovernmental relations between the three spheres of government.
In 1997/98 the following legislation was passed: the Financial and Fiscal Commission Act; the Intergovernmental Fiscal Relations Act; the Revenue Funds Interim Arrangements Act; and the Local Authorities Loans Funds Acts Repeal Act. The Division of Revenue Bill, which divides revenue between the three spheres of government for the 1998/99 Budget, will come before Parliament in this sitting. All this legislation is designed to promote and co-ordinate intergovernmental relations.
For 1998/99 the focus will be on the further refinement of the fiscal framework and the budget process. Greater co-ordination between sectoral policy issues and provincial budgets will also receive attention.
In the sphere of local government the Department of Finance has developed and published the equitable share formulae for local government, the Introduction of an Equitable Share of Nationally Raised Revenue for Local Government. In the coming year the focus will be on the development of a new borrowing system for local government, and a new accounting framework for municipalities.
A modern financial management system is key to the success of the MTEF and the integrity of the financial and fiscal framework. Government inherited an antiquated system not suited for the fiscal framework that has now evolved. To develop well-targeted output measures for the MTEF, to effectively evaluate and control expenditure, a financial management system capable of producing timeously, user-friendly data is required. Early warning systems have been developed which alert national departments and provinces of potential over-expenditure are also an important part of the system.
One of the key areas for the Department of State Expenditure in the coming period is to effect a major overhaul of the financial management systems in government.
The integrity of public finances and the new fiscal framework ultimately depend on the quality of the financial management system. The Department of State Expenditure is working with provinces on a number of projects to assist in improving the interface to their financial systems, the recovery of overpayments to employees, and identification of "ghost" appointments through audits.
Moreover, the department has been involved in the training of personnel in the correct use of the PERSAL system used for sound administration procedures are in place and functioning properly as a database for personnel.
Section 216(1)(a) of the Constitution of South Africa requires the introduction of "Generally Recognized Accounting Practice" (GRAP). The Department of State Expenditure is involved in two projects which seek to enhance the use of GRAP. Firstly, together with the Institute for Public Finance and Auditing (IPFA), the Office of the Auditor-General and the South African Institute of Chartered Accountants have initiated a project to develop accounting guidance for the public sector. The intention is to draft a public sector perspective based on accounting standards in the private sector. Secondly South Africa is working in a project under the management of the International Federation of Accountants (IFAC), which is involved in the development of an authoritative accounting standards for governments worldwide. In the future South Africa will have to align itself with international accounting practice for governments.
The Green Paper on Public Sector Procurement Reform was considered by Cabinet on 22 January 1997. To a large extent this reform process was embarked upon in order to make the tendering system more easily accessible to small, medium and micro enterprises.
The State Tender Board is continuously liaising with departments to ensure that the procurement system supports government policies, and serves to support the overall economic objectives of government. This is reflected in the contracts finalised by the State Tender Board. For the 1997/98 financial year the State Tender Board considered contracts to the value of R12,6 billion of which R3,14 billion was awarded to companies owned by previously disadvantaged individuals. This figure will escalate as new tenderers are empowered to tender successfully.
SARS attained administrative autonomy with effect from 1 October, 1997 after the SARS Act was passed by Parliament in last year. In terms of the Act, SARS now has considerable flexibility to manage its resources and assets. The Act transforms the organisation into an organ of state outside the limitations of the Public Service but as an institution within the Public Administration accountable to the Minister of Finance.
Advise the Minister on revenue-related matters.
An advisory and consultative body has also been established known as the SARS Advisory Board, consisting of the Commissioner for SARS, two senior SARS employees, and eight other members who are drawn from outside of government.
A key objective of the transformation agenda is to maintain and strengthen a tax system that is fair, efficient and internationally competitive, and that will meet the needs of the fiscus. The improvement of tax administration and collection is an essential step in achieving real tax reform. Tax administration is a key component of tax policy. By improving the administrative capacity of the South African Revenue Services, government aims to narrow the tax compliance gap and broaden the tax base, allowing for a future reduction in taxes.
In the past year SARS was able to exceed the revenue collection target set. This has enabled the Government to reduce the personal income tax burden by R3,7 billion. A new income tax system will come on line towards the latter half of 1998. This will result in huge productivity gains as a number of existing manual processes will be automated and integrated. This will significantly reduce duplication and loss of revenue, and increase oversight of the system.
On 1 October 1997, SARS launched an extensive campaign to broaden the tax base. The campaign aimed to register persons, businesses and employers not registered for tax purposes, and was supported by a wide-ranging tax education programme. During the first six months of the campaign SARS was able to establish that the default percentage for Income Tax was 27 %, for VAT 28 %, and for PAYE 28%.
Impartial and reliable official statistics, whether economic or demographic, are an important means by which independent parties - locally and internationally - can hold government accountable for its performance.
People assess the progress we make in respect of our transformation agenda and the achievement of our economic policy targets on the basis of statistics. The veracity, credibility and relevance of the country's statistical data is a key policy issue. South Africa was among the first dozen countries in the world to agree to the IMF's Special Data Dissemination Standards.
Over the past year the CSS has refined its measure of inflation to show its effect on poor as well as rich families, in smaller towns as well as metro centres. Similarly, employment statistics demand continuous improvement, to ensure that they capture developments in the labour market. Examples of this are new areas of formal employment in services such as tourism; new forms of work such as subcontracting; and increasing informal participation in sectors such as transport and construction.
The CSS is currently grappling with such changes. This year it has entirely re-vamped its labour surveys, with Australian assistance, to improve their coverage. At the same time, it is doing special research into the effect of different ways of asking about unemployment in household surveys that are appropriate to our context. We look forward to the results.
The huge change in the methodology in the census of 1996 must not be lost sight of. The census is no longer based on a model of flawed racist assumptions of black fertility. Instead it provided the widest ever door- to-door survey, across the widest cross section of our society. The results are still being computed, and when published, will provide the best ever base of information for the policies of all government.
For the first time the CSS produced and published a set of quick, preliminary census results in the middle of last year. The lower-than-expected preliminary result, a population of 37,9m, no longer seems so surprising. The newspapers have been full of lengthy reports - another one just last week - that fertility rates around the world have dropped faster than expected. South Africa, with its considerable industrialisation, is clearly no exception.
Since then, the actual household questionnaires - some nine million of them have been coded and punched into computers at nine provincial centres (in all some 2 billion keystrokes!). At the peak, some 5000 people were employed, working in three shifts. This provided a worthwhile spread of temporary employment and training.
We are all impatient for the final results. But given the controversy, the CSS embarked upon extensive checks. In particular, it has been reviewing the undercount: by means of a person-byperson comparison of questionnaires against the census documentation, in a one-percent sample of all households.
However, as promised by the CSS, the new data are already flowing to the Independent Electoral Commission for preliminary use in delimiting wards and districts for next year's elections. The figures are made available to a massive computerised Geographical Information System, or GIS, produced by CSS in co-operation with Land Affairs for the IEC.
The basic census results will be published free of charge for the nation, in two summary booklets and on the Internet. However, more specialised products will attract a charge, in line with international practice. This policy will be clarified at a workshop next month, when users will also have a chance to present their data needs.
The CSS itself is held accountable not only to the Minister but by the Statistics Council, which I appoint after a process of public nominations. The discussions between the CSS in its discussions with institutional stakeholders of a draft Green Paper are complete, and the Paper will soon be considered by myself and made available for public comment.
Madam Speaker, I want to focus briefly on some key institutional transformation issues in all of the four organisations which make up the Ministry of Finance.
The Department of Finance had been through a major restructuring and transformation process in the past two years. This restructuring culminated in the approval by Cabinet in October 1997 of a new organisational structure for the department. Although Vote 14 carries a budget of R 5,9 billion, the operational budget of the Department of Finance is only R 68,8 million.
One of the major changes in the Department has been in the area of human resources. The department has attracted a cadre of top class economists and managers. In addition the Department has made significant progress in the area of representivity. The Department now complies fully with the targets set out in the White Paper on the Transformation of the Public Service, 50 per cent of the department's management is black; 19 per cent of the department's managers are women.
Targets for representivity have also made good progress in the Department of State Expenditure achieving the targets set out in the white Paper will continue to be a priority.
The amount allocated to the Department of State Expenditure for the 1998/99 financial year is R1 227,558 million. This represents an increase of 20,2% on the amount of R1 021,470 million voted in the Main Estimates for 1997/98 financial year. Of this R800 million constitutes the budget for Secret Services which will be dealt with by Deputy Minister Nhlanhla later today.
As part of the process of transformation the whole financial system and management of SARS has been overhauled and budgetary planning has been largely decentralised. The SARS Budget will constitute a sub-programme on the Budget of the Department of Finance. The SARS Budget of R 1 225 million has been presented to this House, and will be discussed today. The expenditure for 1997/98 equals that of the budget, which is in contrast with huge reported rollovers in previous financial years.
Appointment of approximately 500 additional personnel to vacant posts.
Revenue to be collected increased by R 15,128 billion from R 161,502 billion to R 176,630 billion. We are confident that this target is attainable.
SARS has adopted the Government's White Paper on Transformation relating to service delivery, and in this regard a Client Charter has been developed, which in turn is underscored by a new internal Code of Conduct for staff. The vision of SARS is to provide an excellent service in a transparent environment ensuring optimum collection of revenues.
The transformation of the CSS as an organisation has been rapid and far-reaching. A first indication is the progress towards representivity. For instance, in three years the CSS has moved from being 14% black to 59%. At management levels the proportion of both women and blacks is just short of 50%, well ahead of the public service target date.
A new performance-oriented appraisal instrument was applied late last year. Members of staff and supervisors sought consensus on the ratings, regarding the achievement of key performance areas. This year, the appraisal is being extended to ongoing performance management, and linked to a new annual cycle of activity-planning and three-year budgeting for the MTEF.
The Budget of the CSS for 1998/99 is R83 million. An additional amount of R4 million has been set aside for improvement in the conditions of service, and an amount of R5 million for the dissemination of the Census.
In government around the world Ministers of Finance and the Departments which support them are often the most unpopular departments. These are the people who often say "NO!". Too often, the task of interrogating some of the more expensive policy options in governments anywhere fall on treasury officials. Clearly there are many more comfortable places in government than in these departments.
But our pledge is to maximise the value of tax payers' money. This means the Revenue Service seeks to ensure that every rand that might be raised as a consequence of tax policies adopted by this Parliament will be raised, thereby progressively reducing the tax burden. It means that the Departments of Finance and State Expenditure design appropriate budgets and ensure that all of government implements these spending plans. It means that the CSS ensures that information is available which will allow us to target government efforts to the best outcome, and measure the impact of changes. All of this comes together in the pursuit of value for money.
It is appropriate in appealing to this House for support of the budget of these Departments that we express our gratitude to Ms Maria Ramos, Mr Trevor Van Heerden, Mr Cassiem Gassiep and Dr Mark Orkin, and their respective teams for the quality of service they render.
We would like to thank Sipho Mpahlwa for his leadership and support, and the Portfolio Committee for their hard work and guidance. And lastly, Deputy-Minister Gill Marcus for her support.
Madam Speaker, I move.
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The Division of Revenue Bill which serves before this House today was tabled alongside the Budget on 11 March. This Bill is a great leap forward in the implementation of the Constitution.
In complying with Section 214, this Bill is at the heart of the new budgeting process, which empowers provinces and local governments to pass their own budgets. For this reason, the National Budget no longer budgets for provincial functions like school education, health services and social pensions. These are now budgeted for in provincial budgets.
Section 214(2)(a) to (j) of the Constitution lists matters that must be taken into account in establishing the equitable division between the three spheres of government. This is generally known as the vertical division of Revenue. In addition, it sets out the matters that must be considered in determining each province's equitable share of the total provincial allocation and any other allocations made from the national share. Conditions can be attached to the latter allocations from the national share, while the equitable shares are distributed without conditions.
The Constitution and the Intergovernmental Fiscal Relations Act require the Financial and Fiscal Commission (FFC) to make recommendations regarding the equitable division of revenues raised nationally a few months before the start of the financial year, and for government to consider these recommendations before deciding on any allocation.
The government has followed this approach in both letter and spirit. It has not only given consideration to the recommendations of the FFC, but engaged in a proactive process of discussion with the FFC before finalising the basis for allocations. There has also been broad consultation with provincial governments through forums like the Budget Council, and with organised local government.
Before determining the vertical division of nationally-raised revenue, Cabinet took into account the national interest as reflected in the Government's Reconstruction and Development Programme (RDP) and the macroeconomic framework GEAR. In determining the total resource envelop available for expenditure, government makes a number of macroeconomic assumptions. For the 1998/99 Budget these assumptions are a GDP growth of 3%, CPI inflation of 5.5%, deficit as a percentage of GDP of 3.5% and a tax to GDP ratio of 26.4%.
On the basis of these assumptions a total revenue envelope of R 200.3 billion was determined.
The first charge against nationally raised revenue is debt service costs. Amounts for standing appropriations and a reserve to cope with uncertainties is also set aside. In summary, it is national revenue, plus the deficit, less the cost of debt servicing, standing appropriations and the contingency reserves that represents the total pool of resources available for the equitable devision of revenue between the three spheres.
The vertical division takes into account the functions allocated to each sphere, as well as the the fiscal capacity of that sphere. Provinces have only limited sources of own-revenue, and thus receive a far larger share of national revenue than local government, which is largely selfsupporting. In order to minimise any adverse shocks resulting from the implementation of the new system, the actual expenditure levels of each sphere in the last two financial years have also been taken into account. Schedule 1 of the Bill therefore allocates R79 billion to the provincial sphere, and R1 billion to the local government sphere.
After determining the provincial equitable share, a formula is used to effect the horizontal division, or the allocation of the equitable share between the 9 provinces. This formula takes as its point of departure the recommendations of the FFC, particularly as they are presented in the FFC's framework document (June 1995) and its recommendations for 1997/98 (May 1996).
The final provincial allocations in the Division of Revenue Bill take into account the recommendations of the FFC in two ways. First, they adhere to the broad principles advocated by the FFC and are based on a formula similar in design to that proposed by the FFC. Second, the final allocations reflect specific comments made(by the FFC) regarding the social services components of the equitable shares formula and adjustments to the formula to address expenditure outcomes in earlier years. In some cases, however, an FFC recommendation was noted but not accepted pending further investigation of the issue, such as with the proposed surcharge on the personal income tax.
The provincial equitable shares formula relies on the preliminary 1996 census and other demographic and economic statistics to direct funds to provinces consistent with the level demand for basic services.
An institutional grant, equally divided among the provinces.
Schedule 2 provides the breakdown of the R79 billion between the 9 provinces. In addition to the equitable share allocation to the provinces, certain conditional and other grants totalling R9 billion are made from the national share of R78.4 billion to the provinces and local government spheres. Conditional grants are a critical component of the new budgeting system, as they provide a mechanism for the national government to encourage provincial and local governments to promote national objectives through their spending programmes. The most important conditional grants introduced this year are the health grants totalling R4.4 billion, local government grants for, R293 towns etc., totalling R1.1 billion , as well as a R2.8 allocation supplementary allocation for provinces that budget adequately for education, health and welfare. Schedule 3 provides the details of all the conditional grants.
It is the combination of the equitable share allocations and all the conditional and unconditional allocations that comprise the total allocation to provinces and local government. If all these allocations including ICS are taken into account, provinces receive R90 billion, and local government R5 billion.
Adding on another R4 billion of own revenue, total provincial expenditure rises to R94 billion. However, this total does not include amounts such as R2.8 billion for provincial housing authorities that fund activities performed by the provinces on an agency bases for national departments.
The local government allocation of R5 billion is composed of R1 billion equitable share which replaces the old intergovernmental grants, R 583 million for consolidated municipal infrastructure programmes, R716 as capital grants, R1,189 billion for bus subsidies, R419 million for urban renewal, R130 million for settlement of outstanding debts, and at least R79 million for other subsidies from various national departments.
Local governments budgets totalled R52 billion in 1997/98, financed overwhelmingly by own revenue. The Division of Revenue Bill does not spell out the allocation of the local government share between the various municipalities, as this is not required by the Constitution. A new formula for the division of the R1 billion share was announced recently - this formula is targetted at poor households and poor local authorities. It will be phased in over the next 5 to 7 years.
All municipalities will be treated in an equitable manner in order to ensure that all municipalities are able to deliver a basic package of services to all poor households in their areas at affordable costs. This is the primary objective of the new system.
Competition between municipalities will be on the bases of their fiscal performance to promote allocative efficiency.
The national interest is reflected in the Government's Reconstruction and Development Programme (RDP) and the macroeconomic framework GEAR.
Special provision is made in respect of the national debt by setting aside the costs of servicing that debt before allocations are made to the spheres.
The needs and interests of the national government are defined by the assignment of responsibility in the Constitution and the RDP. These were taken into account during the MTEF process and are reflected in the final allocations to national departments as well as in some of the conditional grants to provinces and local government that are made in terms of national government policies.
The allocations meet the needs of provinces and local government to provide basic services and other functions. The provincial equitable share formula directs funds to provinces based on their demographic and economic profiles, as these provide an indication of the demand for basic services within each province. In addition, the Budget includes a conditional grant of R2,8 billion for provinces to ensure that their budgets are credible and to guard against shortfalls in the provision of basic services.
The allocations take into account efficiency in several ways. The equitable shares formulae for provinces and local government are phased in over a number of years, allowing for an adjustment period. The Budget also includes several special initiatives to promote improved financial management and expanded capacity in the public sector.
The basic shares component of the provincial equitable shares formula directs additional funds to provinces with large rural populations to help address the special developmental needs and backlogs that exist in rural areas. The Budget also includes specific grants, such as municipal infrastructure and housing subsidies, targeted at developmental needs.
Recognising economic disparities among the provinces is at the heart of the equitable shares formula, which relies on provinces' demographic and economic profiles.
The allocations are intended to allow provinces and municipalities to meet obligations imposed by national legislation, while retaining responsibility for budgetary management and programme implementation. Task teams have worked closely with provinces in the preparation of their budgets to ensure that available resources are aligned with obligations.
The requirement for stable and predictable allocations is taken into account through the phasing of formulae and the multi-year planning framework of the MTEF. Also the Division of Revenue Bill requires that a schedule of payments be determined for making the equitable share transfers to the provinces and municipalities.
The Budget reflects the need for flexibility by retaining a R1 billion contingency reserve in 1998/99 to respond to emergencies or other temporary needs.
any recommendations of the Financial and Fiscal Commission; and any assumptions and formulae used in arriving at the respective shares contained in schedules 1 and 2 of the Bill.
This is done in Annexure E in the Budget Review tabled as part of the Budget documentation.
The new constitution imposes a tremendous responsibility on provincial and local governments to deliver on basic services. They are expected to table Provinces are expected to table balanced budgets, and local governments cannot budget for operational deficits. The challenge we all face with national, provincial and local governments is to prioritise and reprioritise expenditure and spend the revenues allocated to each sphere of government in a way that promotes the objectives of the RDP. The cooperative and transparent process pursued by Government in determining the division of revenue helps to widen and deepen the debate on how to allocate the nation's resources.
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34th Annual Meeting of the Board of Governors of the African Development Bank.
25th Annual Meeting of the Board of Governors of the African Development Fund.
It is an honour to represent South Africa on this august occasion. Allow me, on behalf of the Government and people of the Republic of South Africa, to express our sincere appreciation to the Government and people of Cote d' ivoire for your warm hospitality.
The theme chosen for this year's symposium, "regional co-operation and integration in Africa" could not be more appropriate. Our deliberations are taking place in a very specific context. They must, of necessity, be informed by recent world events. The Asian crisis, and the consequences thereof; the giant mergers taking place; the rapid growth of information technology and the implications for nation states all form the backdrop to our discussions. Within this environment we need to soberly examine the enormous challenges before us as the people and countries of our great African continent.
South Africa, four short years into her new-found democracy, faces the challenge of crossing the great devides of the 20th century: bridging the centuries-old racial divide that mirrors the poverty divide; tackling poverty through also addressing gender and the status of women.
We are deeply committed to an African renaissance where, as we enter the 21st century, Africa begins to take her rightful place in the world. We know that such a renaissance begins at home, for each of us. For the first time in decades South Africa is at peace with her neighbours and, together, we have linked our regional co-operation and strategic development initiative efforts to the region and the Southern African Development Community. Our young democracy is now an integral part of Africa, no longer a disfiguring mark at the southern tip of the continent.
And as a part of Africa we are keen to play a meaningful role in the institutions created to meet the great challenges we all face. In this context there is an urgent need for the Bank to define and play a catalytic role in promoting regional integration, in particular in Southern Africa, for the developmental impact of its operations to be realised. Since becoming a member in December 1995, we have witnessed significant changes in this institution. Sustainable development, sustainable democracy, requires credible, viable institutions. Change has not been easy, and it remains necessary for the Bank to demonstrate it's operational flexibility to take advantage of the opportunities arising from an improved investment climate on the continent. It is in this light that we urge the Bank to conclude negotiations on the Fifth General Capital Increase, so essential to meet the pressing needs of member countries.
Aware of the enormous challenges facing all of us, and optimistic about the future of the Bank, I am pleased to announce the South African Government's approval of an increased South African shareholding in the Bank. Last year we said that internationally recognised principles of giving effect to economic weight in calculating capital subscriptions should be followed. South Africa is therefore prepared, subject to a satisfactory conclusion of the GCI-V negotiations, to accept a shareholding of 6% of the capital stock of the Bank, and in sodoing, make a further contribution to this premier African development institution.
valuation of shares at par and we confirm our support.
On the voting rules making provision for a 70:30 percent split, we appreciate the real concerns of non-regional countries on this matter, and confirm our support for the agreement to be reached on a defined special procedure. However, the matter raises a number of issues. it assumes that when Africa is involved there is a need for democracy of a special type; that we as member states are not equally concerned with issues of good governance, accountability and sound financial management. At the same time we as African states need to address a legacy, whether real or perceived, of scant respect of governance matters. We need to do this as part of building real partnerships with non-regional members.
There is a new mood in Africa that we need to build on and strengthen. We need a shared responsibility for our future. We hope that the prevailing practice of consensual non-voting decision-making continues.
We thank the Board of Governors for their approval earlier this morning of South Africa's membership of ADF. As you know, South Africa has committed itself to contributing to the ADF and has already commenced payment of its ADF-VII contribution, in accordance with an agreed schedule. We also look forward to our participation in the eighth replenishment of the ADF, which should proceed without undue delay.
However, of great concern to us is a stipulation in the Articles of Agreement that regional members may only be admitted as non-voting participants in the Fund. It would appear that it was never envisaged that regional members of the Bank would or could contribute to the resources of the Fund, and thereby contribute as Africans to the building of our own credible development finance institution. South Africa believes that regional contributors to the Fund should enjoy meaningful participation in ADF Board deliberations. !s it not time for a thorough review of the Articles of Agreement?
The decision by the Board of Directors to approve the introduction of the South African Rand as the first African currency to be included as one of the Bank's mainstream lending currencies was very significant for us. The benefits accruing from Rand-denominated loans will be for both the borrower and the Bank. For borrowers, particularly those in the Southern African region, Rand-dominated loans will promote access to an additional borrowing currency, provided that loans are issued on competitive terms, in order to promote intraregional trade and development. Rand-dominated loans will also increase operations in countries that have not as yet benefited from the Bank's operations.
The 1998 election of Executive Directors allows South Africa to play a more meaningful role in the Bank Group. Over the last three years, South Africa only participated informally in a constituency of the region, although we were treated on par with other constituency members. With South Africa participating in the election of Executive Directors, our voting strength will be added to that of our fellow constituency members, allowing the region greater representation in ADB Board deliberations.
Consistent with our Country Strategy Paper approved in January 1997, the Bank has taken up equity participation in two venture capital funds in South Africa, promoting private sector infrastructure as well as SMME development. It has approved an amount of R750 million to assist in financing the cost of infrastructure service projects. The Bank also undertook a social sector mission to identify priorities and develop appropriate financing strategies. We look forward to greater interaction with the Bank as we approach the next millennium and the developmental challenges that it presents.
We believe that the African Development Bank is well placed to carry out its mandate of reducing poverty on this continent. This is a huge task. But in partnership and unity, we will be able to contribute meaningfully towards a better life for all our people.
The Bank and the Fund must work for the whole continent and needs to be relevant and a resource to member states. In doing this, there are a number of further issues the ADB might wish to consider.
the debate on the social cost of adjustment; and the opportunities for extending telecommunication infrastructure on the continent, some of which were identified at the recent Africa telecommunications conference in Johannesburg.
In expressing our heartfelt gratitude to the people of Cote d'Ivoire for hosting the 1998 Annual Meetings, we look forward to the next meeting in Egypt, and to the possibility of extending Southern Africa's warmest welcome to the ADB Group for the annual meetings in the near future.
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<fn>GOV-ZA.1998068En.2012-02-10.en.txt</fn>
To amend the Mental Health Act, 1973, so as to further regulate periodical reporting on the mental condition of State patients and the detention and discharge of such patients; to amend the Criminal Procedure Act, 1977, so as to further regulate the referral of an accused for enquiry into his or her capacity to understand proceedings or regarding the criminal responsibility of an accused concerning the offence with which he or she is charged; and to provide for matters connected therewith.
1 Amends section 25 of the Mental Health Act 18 of 1973 , as follows: paragraph (a) substitutes subsection (1) (a) ; and paragraph (b) deletes subsection (2).
2 Amends section 29 of the Mental Health Act 18 of 1973 by substituting subsection (1).
3 Amends section 77 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) inserts subsection (1A); paragraph (b) substitutes subsection (6) (a) ; paragraph (c) substitutes subsection (7); and paragraph (d) substitutes subsection (9).
4 Amends section 17 of Mental Health Act 18 of 1973 by substituting the expression 'a Director of Public Prosecutions appointed in terms of section 13 (1) of the National Prosecuting Authority Act, 1998 (Act 32 of 1998)' for the expression 'an attorney-general'.
5 Amends section 78 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) inserts subsections (1A) and (1B); paragraph (c) substitutes subsection (2); and paragraph (d) substitutes subsection (6).
6 Amends section 79 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) inserts subsection (1A); paragraph (c) adds subsection (2) (c) ; and paragraph (d) substitutes subsection (4) (d).
Pending the commencement of the Legal Aid Guide as contemplated in section 3 of the Legal Aid Act, 1969 (Act 22 of 1969), and to the extent that the Legal Aid Guide, existing at the commencement of this Act, does not regulate the position of the granting of legal aid or legal representation in respect of the proceedings referred to in section 3 (a) of this Act, the Legal Aid Board shall be competent to draft directives, in consultation with the Minister, in terms of which legal aid or legal representation is rendered or made available for purposes of section 3 (a) of this Act.
(a) The directives referred to in subsection (1) must be published in the Gazette.
Before the directives are published in the Gazette , they must be submitted to Parliament and tabled as soon as possible.
This Act shall be called the Criminal Matters Amendment Act, 1998, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
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Transformation of our society and our economy requires vision, bold leadership, commitment and above all, courage. Our ultimate goal is an economy that is growing, creates jobs and is capable of delivering a better life for all of our people. The path we have chosen to achieve this is hard, but we remain convinced that there are no short cuts. In tough times, our resolve is often severely tested. We are asked to believe that there are quick and easy solutions and that all we have to do is follow the advice that everyone so freely proffers. We listen to all this advice and in the end we as government do what our people have elected us to do, which is to govern.
Over the past two months, we have all lived through a number of increases in interest rates. These increases have brought home to each of us, together and separately, the huge risks of mounting debt. The sense of impoverishment occasioned by higher interest rates - many working families find themselves poorer by many hundreds of rand each month - has resulted in all manner of emotions. Anger, frustration, powerlessness and despair all feature strongly amongst these feelings. These strong feelings are complicated by the fact that it is hard to identify, or personalise the cause of the frustration - the bank, its manager, or the Reserve Bank; the government, its ministers or all politicians; capitalism, rich people, foreigners or hedge funds - all of these individuals or groups have at one or other time been seen in the minds of many as the cause of the problem.
Of course these are difficult times for all of us, it is precisely at times like this that our resolve and commitment is tested. But this is not the first, nor will it be the last time that we have to deal with difficult situations and change adversity into challenge. Nations which emerge from such adversity stronger are nations led by people who get together to find solutions. A time such as this is not one for petty politicking.
We have embarked on a programme of deep and irreversible transformation of our economy. This is embodied in the RDP and supported by the macroeconomic policies set out in GEAR.
No one can deny that there has been substantial reprioritisation of government expenditure towards social delivery and greater equity. Millions more people have access to education, social welfare benefits, primary health care, clean water and housing than ever before.
Achieving the broad socio-economic goals set out in the RDP requires a set of economic policies that are sustainable in the medium to long term.
Our macroeconomic policies are focused on effecting the structural reforms needed for sustainable growth and development.
Overcoming the balance of payments constraint by improving the export capacity of our economy requires a more competitive economy. The strong response of our exports is testimony to our policies. Foreign investors have also responded positively as evidenced by BMW's decision to locate an entire production line in South Africa and the VW decision to meet a large European order out of this country to mention but two examples.
A sustainable fiscal policy is another key component of our policy. We have been undergoing a major exercise of expenditure reprioritisation and budget reform. There have also been major improvements in tax collection.
Our goal has been, and will continue to be, to free up more and more resources to invest in social spending. We accept that we cannot forever spend more than we collect in taxes. That the shortfall between revenue and expenditure - the deficit - has to be financed. Put differently, the more money spent on meeting interest payments means that less is available for redistribution and transformation. It is for this reason that we have embarked on a difficult but necessary programme to reduce the deficit. We have made good progress, not only in reducing the deficit but in reprioritising expenditure and we will continue to do so.
No economy can achieve sustainable growth and development in the face of high inflation. The monetary policies pursued by the South African Reserve Bank are aimed at achieving price stability. This is what the Constitution requires it to do.
In the past few months monetary policy has had to tighten further in response to the fall in the rand so as to protect the domestic economy against inflation. Monetary policy decisions are the responsibility of the governor alone and the independence of the Reserve Bank over monetary policy is not open for debate.
Higher levels of investment, both domestic and foreign, are required to generate growth. Since our own savings levels are inadequate, we have to attract foreign savings. However, we do so in a rapidly globalising world where capital moves relatively freely across borders. The decisions as to where to invest is measured by the same benchmarks across nations - and sentiment is not one of the measures used. We are a small open economy and must therefore recognise that we shall remain caught in this vortex of rapid capital movement until we can successfully address all of the structural difficulties.
It is this combination of policies is what makes up GEAR. GEAR is designed to effect the strengthening of those parts of the economy necessary to effect structural transformation. We all know that the results, in the short term have not always reached the targets we set for ourselves. It is also important that we recognise that the current difficulties will render some of these targets even more elusive.
We are examining the areas in which the policy framework can be strengthened. One such area is the labour market. We know that more must be done to overcome the scourge of unemployment and our submission to the Job Summit reflects the seriousness of our commitment.
We must recognise that many of the tough decisions have imposed sacrifices - these we have taken voluntarily, rather than have them imposed from the outside. Our resolve to succeed has probably never been stronger.
Madam Speaker, the challenges we face may at times appear daunting, however, we have all come to far, endured too many hardships and made too many sacrifices to reverse the course we have embarked on.
In understanding the present situation we need to be mindful of the fact that, over the past year many countries have been affected by rapid changes to exchange rates, interest rates and consumer prices. This financial crisis has had significant economic and social costs. The pain experienced by working people in the East Asian countries is intense. It is clear that in all of these economies the recovery is going to take time and has already reversed some of the remarkable gains that had been achieved from two or more decades of high growth.
The East Asian crisis has of course had an impact on other economies in the world. The contagion has spread to countries such as Canada, Chile and Australia. In this context it is important to understand that we have not been singled out, and that the cause is not the local bank manager. In the face of the East Asian crisis, investors became uncertain of the stability of the emerging economies and moved their capital out of these economies and currencies to more traditional markets and currencies. In other words, they sold their rand investments and bought dollars. Speculators also focused on a number of countries to test for possible weaknesses that could potentially be exploited and to challenge the resolve of governments.
The lessons we draw from all these experiences is that what matters are sound economic policies and solid economic institutions. In other words, a strong banking sector and manageable levels of personal and corporate debt among others. In addition it is the way in which we as a nation respond to the challenges that counts.
Many of us may recall the strongly emotive pictures taken in Seoul, South Korea, last year when, in response to the deep crisis which afflicted their economy, Koreans lined up at banks to hand over their gold jewellery to assist the country to ride out the crisis. By any measure, a strong response from a people who want to succeed as a nation. We are not calling on South Africans today to hand over any valuables to the national chest. But, we are saying that we must respond as a nation. This is our country, these are our policies and we must demonstrate our unwavering commitment to make them work.
Because of our resolve and the tenuous circumstances in which we take decisions, every action and every step has to be carefully measured for the best results.
A government in such a frame of mind does not abandon its sacrifices to whim, caprice, or to naivete. It considers its choices very carefully.
Madam Speaker let me now turn to a matter which some irresponsible members of the opposition have raised as an issue. I was, as the Reserve Bank Act requires, consulted on the question of a successor to Dr Chris Stals. After careful consideration it was decided that Mr Tito Mboweni was the best person for the job and that he should be appointed as Special Adviser to Dr Stals and, with effect from August 1999, as his successor. This announcement, as we are all aware, was made by the Deputy President on 11 July.
It has been suggested by opposition parties that I had foolishly and carelessly given speculators advance notice, allowing them an opportunity thereby to weaken both the currency and the economy. If anybody can produce any individual or any shred of evidence that I acted in this manner, I am willing to pay the price because I would here be misleading both this Parliament and the people of South Africa. But similarly, those who have made such accusations without any proof must take responsibility for their reckless actions. I call on them to apologise unreservedly to this Parliament and the people of this country.
Indeed had they bothered to establish the facts, they would have noticed that the movements in the rand are almost perfectly correlated to news about the position of our reserves and the existence of a net open forward position which the markets are not particularly keen on. But I guess that these points are lost when the objective is to try and score a few cheap political points, without any regard for the economic and social consequences caused by such utterances. They must be reminded that the hardship which the higher interest rates impose does not discriminate along party lines, and a few wild shots across the bow are unlikely to garner any votes.
I want to repeat that the difficulties we face as a nation today, are not a cause for gloating, they are scarcely an occasion for party politicking. If anything, these circumstances must galvanise us all - they must strengthen our resolve to pursue the path that we have chosen, the hard route to a sustainable better life for all.
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5 Amends section 17 (3) of the Sheriffs Act 90 of 1986 by substituting paragraph (b).
8 Amends section 26 (1) of the Sheriffs Act 90 of 1986 by substituting paragraph (b).
12 Amends section 43 (1) of the Sheriffs Act 90 of 1986 , as follows: paragraph (a) substitutes paragraph (g) ; and paragraph (b) adds paragraphs (h) and (i).
16 Amends section 50 (2) of the Sheriffs Act 90 of 1986 by substituting paragraph (c).
(g A); paragraph (b) inserts subsection (1A); and paragraph (c) substitutes subsection (2). 19 Amends section 61 (1) of the Sheriffs Act 90 of 1986 by substituting paragraph (c).
SHERIFFS AMENDMENT ACT 74 OF 1998 Page 2 of 13 20 Amends section 62 (1) of the Sheriffs Act 90 of 1986 by inserting paragraphs (d A) , (d B) and (d C).
SHERIFFS AMENDMENT ACT 74 OF 1998 Page 3 of 13 which has not been finalised by the commencement of this Act, shall be referred to the Board for Sheriffs, which shall treat the matter as it deems appropriate.
Act 32 of 1944 Magistrates' Courts Act, 19441. The repeal of sections 14, 15, 18, 18A and 107.
SHERIFFS AMENDMENT ACT 74 OF 1998 Page 4 of 13 incapacity a registrar or assistant registrar is unable to carry out the functions of his or her office, or his or her office becomes vacant, the Minister may authorize any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that when any such vacancy has remained unfilled for a continuous period exceeding six months the fact shall be reported to the Public Service Commission.'
of subsection (1) and subsections (3), (4), (5) and (6).
'(1) The sheriff or the deputysheriff concerned shall execute all sentences, decrees, judgments, writs, summonses, rules, orders, warrants, commands and processes of the court directed to the sheriff and make return of the manner of execution thereof to the court and to the party at whose instance they were issued.'
The repeal of sections 37 and 38.
SHERIFFS AMENDMENT ACT 74 OF 1998 Page 6 of 13 registrars, deputy-registrars, assistant registrars and other officers whenever they may be required for the administration of justice or the execution of the powers and authorities of the said Court.'
SHERIFFS AMENDMENT ACT 74 OF 1998 Page 7 of 13 instance they were issued.'
The repeal of sections 21 and 22.
' (e) being a judgment debtor refuses or neglects to comply with any requirement of a sheriff or deputy-sheriff in connection with the delivery of documents in his or her possession or under his or her control relating to the title of the immovable property under execution,'.
SHERIFFS AMENDMENT ACT 74 OF 1998 Page 9 of 13 incapacity the Registrar or Assistant Registrar is unable to carry out the functions of his or her office, or his or her office becomes vacant, the Minister may authorize any other competent person to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled: Provided that when any such vacancy has remained unfilled for a continuous period exceeding six months the fact shall be reported to the Public Service Commission.'
' (d) being a judgment debtor, refuses or neglects to comply with any requirement of the Sheriff or deputy sheriff in regard to the delivery of documents in his or her possession or under his or her control relating to the title of the immovable property under execution,'.
Act 32 of 1985 Magistrates' Courts Consolidation Act, 1985 The repeal of sections 15, 16, 19, 20 and 137.
Decree 43 of 1990 Supreme Court Decree, 1990 1.
' (a) The Minister may, subject otherwise to the laws governing the public service, appoint for the Supreme Court or any division thereof a registrar, assistant registrar and other officers whenever they may be required for the administration of justice or the execution of the powers and authorities of such court or division.'
' (b) Whenever by reason of absence or incapacity a registrar or assistant registrar is unable to carry out the functions of his or her office or his or her office becomes vacant, the Minister may authorise any other competent officer of the public service to act in the place of the absent or incapacitated officer during such absence or incapacity or to act in the vacant office until the vacancy is filled.'
of subsection (1) and subsections (2), (3), (4), (5) and (6).
SHERIFFS AMENDMENT ACT 74 OF 1998 Page 12 of 13 directed to the sheriff and make return of the manner of execution thereof to the court concerned and to the party at whose instance they were issued.'
'(2) The return of the sheriff or a deputysheriff of what has been done upon any process of the court shall be prima facie evidence of the matters stated therein.'.
' (d) being a judgment debtor refuses or neglects to comply with any requirement of a sheriff or deputy-sheriff in regard to the delivery of documents in his or her possession or under his or her control relating to the title of any immovable property under execution,'.
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How do small open economies successfully access the global capital markets How can economies such as ours withstand the storms and turbulence of the global markets What builds the resilience required not only to withstand external shocks but to change adversity into opportunity and to take advantage of the opportunities created?
The answer to these and many other similar questions is what has become our mantra on economic policy - sound and sustainable macroeconomic policies and a robust institutional framework. In my comments today I will focus on these two themes and highlight the key initiatives that this government has taken in regard to both.
We recognised early in the life of this government that the transformation of our society and our economy required vision, bold leadership, commitment and above all courage. Our ultimate goal is an economy that is growing, creates jobs and is capable of delivering a better life for all of our people. The path we have chosen to achieve this is hard, but we remain convinced that there are no short cuts. In tough times, our resolve is often severely tested. We are often reminded that macroeconomic stability is only one side of the coin, a necessary but no sufficient condition for growth and job creation. We know and understand this only too well, but we also know that macroeconomic policies which are unsustainable in the medium term are costly and detrimental to long-term growth and development.
As government we have consistently indicated our commitment to reprioritising expenditure in favour of basic needs and the equitable delivery of social services. This is reflected in the fact that some 60 per cent of non-interest expenditure in the Budget is on social services - grants and developmental welfare services, health and education. Millions more people have access to education, social welfare benefits, primary health care, clean water and housing than ever before.
Growth and job creation require investment. Investment in infrastructure builds economic capacity and enhances competitiveness, while contributing positively to improving the quality of life of the poor. Energy, transport, communications and social infrastructure bring significant benefits to poor communities and particularly to women and children. One of our objectives is to increase the proportion of the budget set aside for capital expenditure. The municipal infrastructure programme, urban renewal, hospital rehabilitation, investment in road construction and maintenance and several major water projects are key initiatives. In many of the areas of capital expenditure, private sector participation is key to enhancing the quality and effectiveness of government spending.
The RDP calls for the building of the economy though both sustainable, accelerated growth and a redistribution of income and opportunities. The macroeconomic dimensions of this commitment are set out in the 1996 Growth, Employment and Redistribution strategy (GEAR). GEAR sets out our policy objectives for reintegration into the global economy, the reprioritisation of government spending, an expansion of infrastructure investment, industrial development, labour market stability, skills development, the restructuring of state assets, all of this within the context of a sound fiscal and financial framework.
In essence our macroeconomic policies are focused on effecting the structural reforms needed for sustainable growth and development.
Overcoming the balance of payments constraint by improving the export capacity of our economy requires a more competitive economy. Exports have responded strongly to the changed policy environment. Exports of manufactured goods have increased whilst the share of gold and other minerals has declined. We have now had four years of strong export growth. This trend has continued through the first quarter of 1998. We expect the current account deficit for the year to be below 1.5 per cent of GDP.
A sustainable fiscal policy is another key component. We have been undergoing a major exercise of expenditure reprioritisation and budget reform. There have also been major improvements in tax collection. We have made good progress, not only in reducing the deficit butt in reprioritising expenditure and we will continue to do so. For the 1997/98 financial year, the deficit was 4,1 per cent against a target of 4 per cent. This is after we provided an additional R1.5 billion in support to KwaZulu Natal and the Eastern Cape Province. These funds were made available in terms of Section 100(1)(a) of the Constitution. For 1998/99 our target is 3,5 per cent, which we believe is entirely achievable despite the changed economic circumstances.
No economy can achieve sustainable growth and development in the face of high inflation. The monetary policies pursued by the South African Reserve Bank are aimed at achieving price stability. This is what the Constitution requires it to do. In the past few months monetary policy has had to tighten in response to the fall in the rand so as to protect the domestic economy against inflation. Monetary policy decisions are the responsibility of the governor alone. We have repeatedly stated that the independence of the Reserve Bank over monetary policy is not open for debate.
Higher levels of investment both domestic and foreign are required to generate growth. Since our own savings level is inadequate, we have to attract foreign savings. However, we recognise that we do so in a rapidly globalising world where capital moves relatively freely across borders. The decisions as to where to invest is measured by the same benchmarks across nations - and sentiment is not one of the measures used. Our strategy is therefore focused on effecting structural transformation. We have also emphasised the need for greater transparency - we are fully compliant with the requirements of the IMF's SDDS (Special Data Dissemination Standards); we publish a comprehensive Budget Policy Statement; a Budget Review; monthly reports on the state of public finances; and more recently the SARB has started to publish on a monthly basis the NOFP. We live in a world where there is no shortage of information, indeed there is perhaps information overload. However, what we often lack is sufficient analysis.
Restructuring of state assets continues to be an important part of the strategy. We have successfully completed a number of deals: Telkom; SunAir; Airports Company; radio stations and Aventura. On the agenda for this year are: Transnet; and Safcol.
All of this is underpinned by a number of critical structural reforms. These include: a shift to medium-term expenditure budgeting and the introduction of the MTEF at both the national and provincial level, and a shift of focus to outcomes and outputs; the appointment of primary dealers in government debt and the shift to a weekly auction system; the introduction of the repo system; reforms of the tariff regime; an autonomous SARS; the phased relaxation of exchange controls; the development of private public sector partnerships.
It is this combination of policies that makes up GEAR. GEAR is designed to effect the strengthening of those parts of the economy necessary to effect structural transformation.
We all know that the results, in the short term have not always reached the targets we set for ourselves. It is also important that we recognise that the current difficulties will render some of these targets even more elusive.
We know that we have chosen the tougher road to growth and development. But we continue to believe that it is the correct road and our resolve to succeed has probably never been stronger.
In conclusion let me reflect briefly on some economic fundamentals.
We are now in our sixth year of economic expansion, and although we would all like to see stronger growth, we need to remind ourselves that real structural transformation of this economy has really just started and it will take time. The depreciation of the rand and the consequent tightening of monetary policy requires that we review our growth assumptions which we are presently doing.
I have already pointed to the strong performance of our exports and noted that the current account deficit has stabilised at below 1.5 per cent of GDP.
Capital inflows for the first quarter of this year were strong. There has been a net inflow of capital not related to reserves of over R11 billion. We did not unfortunately escape the latest recent bout of Asian flu and the past three months have seen significant pressure being put on the currency and consequently there have been capital outflows. Our reserves are now R32.65 billion (US$5,3 billion) and the NOFP is US$ 22,9 billion. We understand fully that although the SARB's operations in the forward market are not unique - as it turns out many central banks run forward positions - they are not well understood by the market. The Bank has already withdrawn from the long-term forward market and will with time withdraw from the short-term forward market.
We have succeeded in bringing down inflation - the CPI increase for the twelve months to June 1998 was 5.2 per cent. Although the recent depreciation of the rand will put upward pressure on inflation average inflation for 1998 is expected to be around 6,5 per cent.
The medium-term outlook remains positive. This is the second-year of decline in inventories, we believe that this trend is bottoming-out and that growth will strengthen s the inventory cycle turns. Exports are expected to respond positively to rand competitiveness. Public sector investment is accelerating. Although monetary policy is likely to remain tight in the short term, it is expected that private consumption and investment spending will increase as interest rates ease in the medium-term. Demutualisation will provide added momentum.
Structurally, our economy is significantly different to the Asian economies: we have a well capitalised and sound banking sector, a fact that was most recently recognised by the IMF Article Four mission; our financial markets are liquid and significant strides have been made to improve transparency; we have a sustainable and improving revenue base. Although much work is still needed to improve tax morality and the culture of payment, we have turned the corner and SARS will remain focused on improving efficiency and effectiveness in revenue collection.
In conclusion let me say that I believe that we remain well on track with the transformation of our economy. There is no cause for pessimism. Of course there are many, many challenges which remain. But then transformation is a long-term project, it is not for the faint-hearted. It requires commitment, courage and an unwavering belief in ourselves and our ability as a nation. Staying the course - having the right policies, the institutional framework and required instruments - is the only way in which to navigate the rough seas of the global markets.
<fn>GOV-ZA.1998081801En.2012-02-10.en.txt</fn>
Thank you very much chairperson and good morning to all of you. I would like to add my voice to those of my colleagues including the mayor of Cape Town, Theresa Solomon, who already welcomed you to our fair shores, and being a Capetownian myself, also to this fine city of ours. Although I have never been active in the credit union movement, I have, in my early years in community organisations encountered many of the issues relating to it. We got to know the Catholic Welfare Bureau which was the home of the old credit union in South Africa. A long time ago I got to know those soldiers for the credit union like Kwedi Mkalipi and I think it is appropriate that we express our appreciation for the many years of hard work which they have done and which have at times gone thankless. Chairperson, the importance of this conference should not be underestimated. Never in its recorded 130 year history has a movement of credit and savings cooperatives faced a more interesting set of challenges. Delegates here know the movement well enough to understand that it was born in adversity and in response to a real need to save and to borrow, often in the absence of other kinds of savings and lending institutions. The footprint in the movement today remains strongest in otherwise unbanked and underbanked communities across the world. The movement, logical a response it is and it has been, has not always enjoyed an easy history in any way. The major challenge credit and savings co-ops have come from conventional banks who sought to erode the strength of the cooperatives. They market themselves on the strength of their size band, interest rates, product diversity and the convenience of electronic banking with many branches and automatic machines. But there have been huge changes over the last period. Some studies suggests that in the past 12 months alone about 1.5 trillion US dollars of asset value was wiped out in the meltdown in South East Asia. Huge banks, some of them trans-national in character, have been declared insolvent, destroyed billions of dollars of savings from millions of depositors. The collapse of the Financial Sector in Japan compelled the resignation of the former Prime Minister, Hasimoto. In Indonesia we saw the collapse of the government of President Soharto on the back of this huge financial crisis. The collapse of banks is though not unique to South East Asia. A number of banks across the African continent have collapsed over the past decade. Latin America had its fair share of pain resulting from bank collapses. Not even the United States with its many and various regulators have escaped the pain effected by the collapse of the savings and loans scheme. These changes, necessarily compel re-appraisal of banks, what they do and how they do it. Outside of the difficulties encountered by banks supervisors to effectively manage capital adequacy and asset quality in one country the operations of banks increasingly cross sovereign boundaries as part of globalisation, financial inter-mediation today is shaped by fewer institutions which are considerably larger yet substantially more difficult to supervise. Sometimes so big that they can cock a snook at their bank supervisors. We saw in the United States recently the tie up between City Corp and Travellers saying: "we are to strong for any regulator to come at us". The theory in circumstances such as these regulators, governments, people are concerned anywhere at the trend within banking and are compelled to take a long hard look at what is happening in the area of financial inter-mediation. With Banks that collapse we also witness increasing anger and frustration from depositors, for while larger banks with huge exposures has often been able to reschedule their loads, small depositors, particularly working people have had their life saving wiped out. This too has compelled the rethink of banking across the world. Financial intermediation is ripe for new approaches and new ideas because it is at times like these that ideas find time and place. And often also at times such as this new ideas are in fact ideas which have been around for a long time or which is simply being ignored. One of the powerful ideas in the financial world that has been for too long just simply ignored has to be that of Credit Unions. This morning therefore I want to directly challenge the leadership of the credit union movement to be bold and to build out the idea across the world. Because if you read world history correctly and if you apply your collective minds to fully appreciate this moment. And if you recognize that the situation in some countries is demanding your immediate attention, this credit union will grow exponentially between now and the start of the next millenium. Of course your can ignore the opportunity with it, stand back and say that banking and the savings world has to be like it has been for the past century or so and ignore this real opportunity. But I don't believe that you've come to Cape Town to convene in this way to merely ignore the challenge that the world now presents to the credit union movement. But the reasons for these statements are all abundantly clear. Depositors wants to see comfort and security differently, and the safest investments surely has to be a place were members can exercise full control. Where savings and credit cooperatives can easily optimize inter-mediation by offering members high interest on deposits and lower interest on loans by spurning the greed associated with high bank charges (very, very real problem in this country and I'm sure in a number of other countries) and the avarice of unsustainably high profits that we have seen on stock-exchanges across the world especially in the financial services sector. But to realize the potential growth this leadership, chairperson, will have to be bold in its endeavours. It must demonstrate the willingness to engage in struggles, especially in countries like our own, where many employers still steadfastly refuse to allow deduction from wages to the cooperatives. Even with the full sanction and especially with the full sanction of the member. But regulations and statutes are not enough. A higher level of consciousness amongst workers will be imperative. There is also the battle to distinguish this movement with its proud history from being confused with the exploitative get rich quick pyramid schemes which have reaped havoc here in South Africa from time to time. But it has sown complete devastation in countries like Albania. The credit union movement is not a pyramid scheme. It needs to be distinguished that it's incumbent upon the leadership of this movement across the globe to ensure potential members understand what the differences are and exercise their rights accordingly. I want to repeat that the potential the rapid expansion of this movement has never been greater. Build it. Educate existing and future members thoroughly, deepen democratic participation and partnership of working people in their institutions. More importantly, give cooperative members a direct say over their affairs. Extend the network. Build the cooperative movement. Effect real change in banking across the world. Now is your time.
Thank you very, very much.
<fn>GOV-ZA.1998091701En.2012-02-10.en.txt</fn>
"No one in the summer of 1929 suspected that the world economy was about to collapse. With the shares on Wall Street rising ever more dizzily, Americans believed that they had discovered the secret of permanent prosperity. As long as the United States boomed the rest of the world felt secure In retrospect one can see that demand was being switched from production to speculation. But the worry of a few was drowned by the chorus of optimism." These words come from Keynes's biographer, Robert Skidelsky.
Today, global financial markets are in the midst of their deepest crisis since the Great Depression of 1929. Although there are many differences between the current crisis and the Great Depression, there are also many similarities. The nineties has by and large been a decade of optimism. All over the world stock markets have boomed, capital flows have reached unprecedented levels, financial wealth increased beyond most peoples' wildest imaginations. Indeed a little over a year ago few people wanted to believe that this was unsustainable.
This is after all the decade in which the developing world or the emerging markets (as we have all come to be known) have had access for the first time, and were the recipients of significant capital flows. In reality the virtually unchecked bull-run on the world equity and bond markets has resulted in a wave of speculative activity which is being addressed with ever-increasing interest rates.
The only instrument that continues to be used across the world to deal with economic pressures is interest rates. This is in itself telling, because the instrument is blunt. It does not take account of the structural and institutional factors which make some economies more vulnerable to crises than others. It does not differentiate sufficiently between sound and unsound economic policies. Moreover, since it takes time for changes in interest rates to change behaviour, instead of preventing the spending sprees, they tend to take effect after the spending has already taken place. Also they do not discriminate between those who have overspent, and those who have for example simply borrowed to buy a modest house. In the final analysis the pain falls disproportionately on ordinary people who have tried hard to live within their means.
History tells us that when there is no longer any relationship between the value of an asset and its price, a correction is inevitable. To quote Skidelsky again "[T]he slump was the punishment, as well as the cure, for the reckless extravagance of the previous years."
One of the salient features of this crisis has been the speed at which it has spread from one economy to the next. From Asia to Australia to Japan, to Russia, to Latin America, to North America, through Europe and, yes, to our part of the world and to our own economy. No one has been spared. And it is the developing economies that have suffered most.
We have all seen the images of thousands upon thousands of people joining the unemployment queues in Indonesia as factories close down. The queues of ordinary Russians waiting day by day in a desperate attempt to withdrawn their life-savings from the local bank. It is the plight of ordinary people and the fact that the burden of the adjustment to a new economic reality falls disproportionately on the poor and vulnerable that is of the greatest concern.
Or the crisis now faced by Brazil, where the equity market has fallen by 29% since the end of August, interest rates have gone up to 50%, and $11 billion worth of reserves have been lost.
High interest rates rapidly decrease the disposable income of ordinary people. They increase the running costs particularly of small and medium-sized businesses, increase bankruptcies and ultimately put people out of work. Economies slow down and recovery is often protracted.
No economy is ever completely insulated from external shocks. However, it is an economy's ability to withstand these shocks, and the speed at which it is able to recover the damage caused that is important. We know that this in turn depends on the strength and sustainability of economic policies, the quality of the institutions that underpin our economies, the regulatory framework and the degree of compliance, the legal framework, the commitment and courage to pursue the policies chosen, accountability and transparency, and importantly, democracy.
There are many emerging economies that have been dragged into the vortex of this storm that share most, if not all, of these characteristics, South Africa included. However, this has not insulated us. One of the reasons is that markets, and the people who populate them, have in this frenzy, lost the ability to differentiate between good and bad, or between sustainable and unsustainable policies. The markets, have temporarily we hope, forgotten how to make rational decisions. It is ironic that despite the vast amounts of information available and the increased transparency, there is a paucity of analysis and a tendency towards a 'herding instinct'. Decisionmaking in these circumstances is, to say the least, poor. Yet these decisions have a profound impact on many economies, and can as we have seen in this past period, trigger significant crises.
At times like this we need to stand together as a nation and find common solutions. We need to recognise that as tempting as it may be to score cheap political points, to be adversarial, to posit populist solutions, it does not help in addressing the challenges we face as a nation. These are difficult times and it is not what we had hoped for almost five years into our hard-won and cherished democracy.
Tough as things are at present, our economy has not collapsed in the face of the storm. We have of course sustained some damage, but we will recover. Our strength lies in the sustainability of the policies that we have adopted, the irreversible nature of our transformation agenda, our ability and courage to chart our own course. It is important that we are not provoked into making decisions for which we will pay dearly once the crisis has subsided.
What is the impact on the South African economy?
The rand has depreciated by over 28% since January, and 22% has been wiped off the value of the stock market. Interest rates have increased by 5% and there is upward pressure on inflation. This despite the fact that our economy is vastly different to Russia or the Asian economies.
We have a sound and well-capitalised banking sector; not merely by emerging market standards, but also by OECD standards. Bad debts account for 3 per cent of banks' portfolios compared to approximately 30 per cent in Japan. The banking system does not have large foreign currency exposures.
We have continued to pursue sound fiscal policies and have effected fundamental reforms in both revenue collection and expenditure management. The government has reduced the fiscal deficit from over 10 per cent in 93/94 to a targeted 3,5% in this fiscal year.
More importantly we continue to honour our commitment to the irreversible transformation of our economy. This is embodied in the RDP, and is supported by the macroeconomic policies set out in GEAR. There has been substantial reprioritisation of Government spending towards social delivery, and despite the slowdown in growth we do not intend to cut back on expenditures on health, education, welfare payments and housing. In other words, our Budget commitments remain unchanged.
At times like this it is often easy to forget how much progress we have made in getting this economy on to a sound footing. Our civil servants get paid, we pay pensions and other benefits to millions of South Africans, we continue to build houses, to provide water and electricity to millions of people, and to provide services at our clinics and hospitals, and to provide schooling for our children.
By contrast many of the countries affected by the global crisis have had to cut back radically on all these expenditures. In many, many cases the burden which is being placed on the poor is intolerable.
We have been cautious about the deficit and it is only at times like this that we can really begin to appreciate how much this actually means. Had the deficit been 6 per cent this year, the cost of financing it at much higher interest rates would have been over R4 billion more than it is now. This would have severely hampered our ability to spend on social services, not just this year but well into the future.
We have succeeded in bringing down inflation - the average CPI increase for the first half of 1998 was 5,5%, down from the 1997 average of 8,6%. The recent depreciation of the rand is placing upward pressure on inflation (CPI has risen to 6,6% in July 1998), but the average inflation rate for 1998 is expected to be around 7%.
The current account deficit is expected to be 1 per cent of GDP for this year. Exports have continued to perform well both in value and volume terms. South Africa has experienced four years of strong export growth. This trend has continued through the first half of 1998. (The value of merchandise experts increased at an average annual rate of 20% during the period 1993 to 1996; rose by 12,5% in 1997 and 12,0% in the first half of 1998). The value of merchandise imports, by comparison, has flattened out during the first half of 1998. Exports as a share of GDP increased from 15% in 1994 to 19% in 1997.
The balance of payments financing requirement is therefore relatively small. Our external debt obligations are very low by most standards (approximately 5% of total public debt) and we do not have any foreign debt redemptions until December 1999.
Our entry into the global capital markets has also been impressive. For instance, a net capital inflow of R20,2 billion was experienced in 1997, as compared to R4,3bn in 1994.
Of course this crisis has impacted negatively on our growth rate. Whereas at the time of the Budget 3 per cent seemed attainable, we are now looking at a growth rate of just under 1 per cent. In addition the higher interest rates will put pressure on our debt service costs.
On the positive side the latest figures on the state of government finances which were released by the Department of Finance just yesterday, show that expenditure is broadly on target, and revenue is slightly ahead of target. This despite the economic slowdown.
As we have said many times in this House, unemployment remains the biggest challenge that we face as a nation. The current crisis is likely to further add to the pressures. However, as our submission to the Job Summit indicates, we are committed to find both short- and long-term solutions to overcome the scourge of unemployment.
At a global level the nature of this crisis demands bold solutions. Amongst these solutions must surely be ways of dealing with the distortions created by speculative and unsustainable capital flows. The world clearly needs a set of 'rules of the game' that we all adhere to. This is not the same as arcane exchange controls and the building of new barriers. The time for that is gone. But we do need better regulation of the financial markets. Financial institutions whatever form they take, should for example, have to report to regulators what speculative positions they have taken, and what their capital at risk is, and they should have to provide adequately for this. Currently it is all too easy to take speculative positions without any consequences. Non-compliance costs need to be high. There is also much scope for improvement in cross-border supervision and regulation.
But the answers clearly do not lie simply in the realm of capital regulation alone. Governments also need to examine their policies to ensure that they are sound and do not open their economies to excessive speculation. In the final analysis there are no viable alternatives to sound and sustainable economic policies. Blind adherence to populist solutions, whether these be of the rabid free-market type or of the radical left-wing type, are neither appropriate nor sustainable.
Tax regimes also need to be considered. Many financial institutions, practices and instruments, work only because the tax regime of a particular country makes it possible.
For South Africans, the challenge is to stay the course of the economic policies we have chosen. It is a challenge that we all need to embrace with commitment and discipline. If we stay the course through these tough times we will emerge stronger and better equipped to meet the needs of all of our people. What we need now is not pessimism. That is easy. We need the courage and the conviction to embrace the challenges that lie ahead. We to believe that when the global crisis subsides, we will be well-placed to attract the investment which is required to grow this economy and create sustainable jobs.
<fn>GOV-ZA.1998099En.2012-02-10.en.txt</fn>
To restate and amend certain laws relating to maintenance.
The provisions of this Act shall apply in respect of the legal duty of any person to maintain any other person, irrespective of the nature of the relationship between those persons giving rise to that duty.
This Act shall not be interpreted so as to derogate from the law relating to the liability of persons to maintain other persons.
Every magistrate's court shall within its area of jurisdiction be a maintenance court for the purposes of this Act.
[NB: S. 3 has been substituted by s. 10 (2) of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will come into operation on 9 August 2010. See PENDLEX.
(a) Any public prosecutor to whom a Director of Public Prosecutions has delegated the general power to institute and conduct prosecutions in criminal proceedings in a particular magistrate's court shall be deemed to have been appointed as a maintenance officer of the corresponding maintenance court.
building a more dedicated and experienced pool of trained and specialised maintenance officers.
The Minister shall cause a copy of any policy directions issued in terms of paragraph (b) to be tabled in Parliament as soon as possible after the issue thereof.
to exercise or perform any power, duty or function conferred upon or assigned to maintenance officers by or under this Act.
appoint in the prescribed manner and on the prescribed conditions one or more persons, as maintenance investigators of a maintenance court to exercise or perform any power, duty or function conferred upon or assigned to maintenance investigators by or under this Act.
[Sub-s. (1) substituted by s. 9 of Act 22 of 2005.
The Minister shall take all reasonable steps within the available resources of the Department of Justice to achieve the progressive realisation of the appointment of at least one maintenance investigator for each maintenance court.
[Date of commencement of s. 5: 1 November 2006.
that good cause exists for the substitution or discharge of a maintenance order, has been made and is lodged with a maintenance officer in the prescribed manner, the maintenance officer shall investigate that complaint in the prescribed manner and as provided in this Act.
After investigating the complaint, the maintenance officer may institute an enquiry in the maintenance court within the area of jurisdiction in which the person to be maintained, or the person in whose care the person to be maintained is, resides with a view to enquiring into the provision of maintenance for the person so to be maintained.
require a maintenance investigator of the maintenance court concerned to perform such other functions as may be necessary or expedient to achieve the objects of this Act.
[Date of commencement of para. (d): 1 November 2006.
[Date of commencement of para. (a): 1 November 2006.
[Date of commencement of para. (b) in so far as it relates to the service of process of any maintenance court: 1 November 2006.
[Date of commencement of para. (c): 1 November 2006.
[Date of commencement of para. (e): 1 November 2006.
gather such information as may be relevant concerning a request referred to in subsection (1) (c).
[Date of commencement of para. (f): 1 November 2006.
the financial position of any person affected by such liability.
(a) The provisions of sections 162, 163, 164 (1), 165, 179 to 181, 187, 191 and 204 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall, with the necessary changes, apply in respect of the examination of any person under this section.
If the person who is required to appear before a magistrate furnishes the information in question to the satisfaction of the maintenance officer concerned in advance of the day on which he or she is required so to appear, the maintenance officer shall discharge him or her from the obligation so to appear.
The examination of any person under this section may be conducted in private at a place designated by the magistrate.
to produce any book, document or statement.
in the case where such person is in the service of an employer, a statement which gives full particulars of his or her earnings and which is signed by the employer.
(a) Any person to be subpoenaed as a witness shall, subject to paragraph (b), be subpoenaed in the manner in which a person may be subpoenaed to appear before a magistrate's court in a criminal trial.
The form of the subpoena shall be as prescribed.
The provisions of section 181 of the Criminal Procedure Act, 1977 (Act 51 of 1977), are, subject to section 11 (2), not applicable to any person against whom a maintenance order may be made under this Act.
The maintenance court holding an enquiry may at any time during the enquiry cause any person to be subpoenaed as a witness or examine any person who is present at the enquiry, although he or she was not subpoenaed as a witness, and may recall and re-examine any person already examined.
Where circumstances permit and where a Family Advocate is available, a maintenance court may, in the circumstances as may be prescribed in the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987), at any time during the enquiry, cause an investigation to be carried out by a Family Advocate, contemplated in the Mediation in Certain Divorce Matters Act, 1987, in whose area of jurisdiction that maintenance court is, with regard to the welfare of any minor or dependent child affected by such enquiry, whereupon the provisions of that Act apply with the changes required by the context.
[Sub-s. (1A) inserted by s. 16 of Act 55 of 2003.
The maintenance court shall administer an oath to, or accept an affirmation from, any witness appearing before the maintenance court and record the evidence of that witness.
Any party to proceedings under this Act shall have the right to be represented by a legal representative.
No person whose presence is not necessary shall be present at the enquiry, except with the permission of the maintenance court.
Save as is otherwise provided in this Act, the law of evidence, including the law relating to the competency, compellability, examination and cross-examination of witnesses, as applicable in respect of civil proceedings in a magistrate's court, shall apply in respect of the enquiry.
Any person, other than a person against whom a maintenance order may be made under this Act, attending the enquiry as a witness shall be entitled to an allowance as if he or she were attending criminal proceedings as a witness for the State.
shall be paid such allowance as may be paid to a witness for the accused in criminal proceedings.
In connection with the giving of evidence or the production of any book, document or statement at the enquiry, the law relating to privilege, as applicable to a witness giving evidence or subpoenaed to produce a book, document or statement in criminal proceedings in a magistrate's court, shall apply.
In the enquiry a statement in writing made in the prescribed manner by any person, other than a person against whom a maintenance order may be made under this Act, shall, subject to subsection (2), be admissible as evidence to the same extent as oral evidence to the same effect by the person concerned.
(a) A copy of the statement, together with a copy of every document referred to in the statement as an exhibit, shall at least 14 days before the date on which the statement is to be submitted as evidence, be served on the person against whom a maintenance order may be made under this Act, and he or she may at least seven days before the commencement of the enquiry object to the statement being submitted as evidence under this section.
does not object in accordance with paragraph (a) or come to an arrangement with the maintenance officer before or during the enquiry that the statement may be submitted as evidence, such statement may on its production at the enquiry be admitted as evidence in the enquiry.
When the statement is served on the person, such statement shall be accompanied by the prescribed notification in writing.
Any person against whom a maintenance order may be made under this Act may before or during the enquiry come to an arrangement with the maintenance officer that any statement referred to in subsection (1), notwithstanding the fact that it was not served on him or her in terms of subsection (2), be submitted as evidence, whereupon such statement may on its production at the enquiry be admitted as evidence in the enquiry.
Any document referred to as an exhibit and identified in a statement in writing submitted as evidence under this section shall be treated as if it had been handed in as an exhibit and identified in the maintenance court by the person who made the statement.
Subject to the provisions of subsection (2), the maintenance court holding an enquiry may take into consideration any evidence in any proceedings in respect of an existing maintenance order or accept as prima facie proof any finding of fact in any such proceedings.
any copy or transcription thereof or extract therefrom certified as a true copy, transcription or extract by a person who purports to be the registrar or clerk of the court or other officer having the custody of the records of the court in the Republic where the order in question was issued, shall on its production at the enquiry be admissible as evidence.
The provisions of section 236 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall, with the necessary changes, apply in respect of the enquiry.
Without derogating from the law relating to the liability of persons to support children who are unable to support themselves, a maintenance order for the maintenance of a child is directed at the enforcement of the common law duty of the child's parents to support that child, as the duty in question exists at the time of the issue of the maintenance order and is expected to continue.
The duty extends to such support as a child reasonably requires for his or her proper living and upbringing, and includes the provision of food, clothing, accommodation, medical care and education.
that the duty exists, irrespective of whether a child is born in or out of wedlock or is born of a first or subsequent marriage.
Any amount so determined shall be such amount as the maintenance court may consider fair in all the circumstances of the case.
As from the commencement of this Act, no provision of any law to the effect that any obligation incurred by a parent in respect of a child of a first marriage shall have priority over any obligation incurred by that parent in respect of any other child shall be of any force and effect.
make no order.
in the case of subparagraph (iii), after referring to the evidence at the trial, that it is not impracticable in the circumstances of the case.
[Para. (a) substituted by s. 17 of Act 55 of 2003.
that convicts any person of an offence referred to in section 31 (1) shall make such order whether or not any penalty is imposed in respect of that offence or any order is made under section 40 (1).
(a) In order to give effect to an order referred to in subsection (2), the maintenance officer shall, within seven days after the day on which such order was made or whenever it is afterwards required, in the prescribed manner cause a notice, together with a copy of such order, to be served on any person who is obliged under any contract to pay any sums of money on a periodical basis to the person against whom the maintenance order has been made directing the former person to make the payments specified in the notice at the times and in the manner so specified.
Whenever the person on whom the notice has been served, is for any reason discharged from the obligation of paying any such sums of money, he or she shall, within seven days after the day on which he or she is so discharged, give notice thereof in the prescribed manner to the maintenance officer of the court where the maintenance order in question was made.
The person on whom the notice has been served shall give priority to the payments specified in that notice over any order of court requiring payments to be made from any other moneys due to the person against whom the maintenance order has been made.
If any person against whom a maintenance order has been made under subsection (1) (a) (i) or (b) (i) changes his or her place of residence or employment during the currency of the maintenance order, he or she shall, within seven days after the day of such change, give notice thereof in writing to the maintenance officer of the court where the maintenance order was made, and, if payment in terms of that order is to be made to any person, officer, organisation or institution, then also to the person, officer, organisation or institution to whom payment is to be made and shall state fully and clearly where his or her new place of residence or employment is situated.
Any order referred to in section 16 (1) (a) or (b) may be made against any person not present at the enquiry, if it is made in accordance with his or her consent in writing handed in by the maintenance officer at the enquiry.
A copy of an order made against any person not present at the enquiry shall be delivered or tendered to him or her by any maintenance officer, police officer, sheriff or maintenance investigator, and the return of any such officer, sheriff or investigator showing that such copy was delivered or tendered to the particular person shall be deemed to be sufficient proof of the fact that he or she was aware of the terms of the order in question.
that he or she has failed to appear before the maintenance court on the date and at the time specified in such subpoena, the maintenance court may, on the application of the maintenance officer for an order by default, call upon the person who has lodged the complaint to adduce such evidence, either in writing or orally, in support of his or her complaint as the maintenance court may consider necessary.
A copy of an order made against any person not present at the enquiry shall be delivered or tendered, as soon as may be practicable in the circumstances, to him or her by any maintenance officer, police officer, sheriff or maintenance investigator, and the return of any such officer, sheriff or investigator showing that such copy was delivered or tendered to the particular person shall be deemed to be sufficient proof of the fact that he or she was aware of the terms of the order in question.
(a) The person against whom a maintenance court has made an order by default may apply to the maintenance court for the variation or setting aside of the order.
The application shall be made in the prescribed manner within 20 days after the day on which the person became aware of the order by default or within such further period as the maintenance court may, on good cause shown, allow.
Any person who wishes to make an application under paragraph (a) shall give notice of his or her intention to make the application to the person who lodged the complaint, which notice shall be served at least 14 days before the day on which the application is to be heard.
the person who has lodged the complaint to adduce such evidence, either in writing or orally, in rebuttal of the application as the maintenance court may consider necessary.
set aside such order by default, if it appears to the maintenance court that good cause exists for such setting aside, and convert the proceedings into a maintenance enquiry.
(a) Any person in whose favour an order by default has been made may consent in writing to the variation or setting aside of the order.
The consent in writing shall be handed in at the hearing of the application for the variation or setting aside of the order by default.
if the maintenance court has made an order referred to in section 16 (2), set aside that order, and the maintenance officer shall, in the prescribed manner, inform the person required to pay, the person in whose favour the maintenance order has been made or the person on whom a notice referred to in section 16 (3) (a) has been served, as the case may be, of any variation or setting aside of the order in question.
The maintenance court holding an enquiry may, having regard to the conduct of the persons involved in the enquiry so far as it may be relevant, make such order as the maintenance court may consider just relating to the costs of the service of process.
that such mother or such person or both such mother and such person are unable to pay the costs involved in the carrying out of such scientific tests, the maintenance officer may at any time during the enquiry in question, but before the maintenance court makes any order under section 16, request the maintenance court to hold an enquiry referred to in subsection (2).
the other circumstances which should in the opinion of the maintenance court be taken into consideration.
set aside such provisional order or substitute therefor any order which the maintenance court may consider just relating to the payment of the costs involved in the carrying out of the scientific tests in question.
discharges a maintenance order under section 16 (1) (b), the maintenance order shall cease to be of force and effect, and the maintenance officer shall forthwith give notice of the decision to the registrar or clerk of the court in the Republic where the maintenance order was issued or where the sentence concerned was imposed, as the case may be, who shall deal with the relevant records or registers in the prescribed manner.
Subject to the directions prescribed in connection with the transfer of maintenance orders, the maintenance officer may, in writing, direct the clerk of the court where a maintenance order was made to transmit the maintenance order, together with the prescribed records, to the clerk of the maintenance court within the area of jurisdiction of which the person in whose favour the maintenance order was made, or the person in whose care that person is, resides.
On receipt of the maintenance order, the clerk of the maintenance court shall register such maintenance order in the prescribed manner.
Any maintenance order registered in terms of subsection (2) shall for the purposes of this Act be deemed to be a maintenance order made under section 16 by the maintenance court where the order has been so registered.
Save as is otherwise provided in this Act, any order or direction made by a maintenance court under this Act shall have the effect of an order or direction of the said court made in a civil action.
Any order made under section 16 (1) (a) (ii), 20 or 21 (4) shall have the effect of a civil judgment of the maintenance court concerned and shall be executed as provided in Chapter 5.
Any person aggrieved by any order made by a maintenance court under this Act may, within such period and in such manner as may be prescribed, appeal against such order to the High Court having jurisdiction.
On appeal, the High Court or the Supreme Court of Appeal, as the case may be, may make such order in the matter as it may think fit.
Notwithstanding anything to the contrary contained in any law, an appeal under this section shall not suspend the payment of maintenance in accordance with the maintenance order in question, unless the appeal is noted against a finding that the appellant is legally liable to maintain the person in whose favour the order was made.
to make any provisional maintenance order under section 16 by virtue of the provisions of any other law.
[Para. (a) substituted by s. 18 (a) of Act 55 of 2003.
by the attachment of any debt as contemplated in section 30.
for an order for the attachment of any debt referred to in section 30 (1).
[Para. (a) substituted by s. 18 of Act 42 of 2001 and by s. 18 (b) of Act 55 of 2003.
a statement under oath or affirmation setting forth the amount which the person against whom such order was made has failed to pay.
if that maintenance court has made an order referred to in section 16 (2).
Notwithstanding anything to the contrary contained in any law, any pension, annuity, gratuity or compassionate allowance or other similar benefit shall be liable to be attached or subjected to execution under any warrant of execution or any order issued or made under this Chapter in order to satisfy a maintenance order.
The maintenance court may, on the application of a person referred to in section 26 (2) (a), authorise the issue of a warrant of execution against the movable property of the person against whom the maintenance or other order in question was made and, if the movable property is insufficient to satisfy such order, then against the immovable property of the latter person to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the execution.
executed in the prescribed manner by the sheriff or maintenance investigator.
The person in whose favour the maintenance or other order in question was made shall be assisted by the maintenance investigator or, in the absence of a maintenance investigator, by the maintenance officer in taking the prescribed steps to facilitate the execution of the warrant.
A maintenance court may, on application in the prescribed manner by a person against whom a warrant of execution has been issued under this section, set aside the warrant of execution if the maintenance court is satisfied that he or she has complied with the maintenance or other order in question.
for the attachment of any debt referred to in section 30 (1).
the other circumstances which should, in the opinion of the court, be taken into consideration.
(a) Any person who wishes to make an application under subsection (3) or (4) shall give notice in the prescribed manner of his or her intention to make the application to the person in whose favour the maintenance or other order in question was made, which notice shall be served at least 14 days before the day on which the application is to be heard.
the person in whose favour the maintenance or other order in question was made to adduce such evidence, either in writing or orally, in rebuttal of the application as the maintenance court may consider necessary.
when such court suspends the warrant of execution under section 27 (4) (b), make an order for the attachment of any emoluments at present or in future owing or accruing to the person against whom the maintenance or other order in question was made to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the attachment or execution, which order shall authorise any employer of the latter person to make on behalf of the latter person such payments as may be specified in the order from the emoluments of the latter person until such amount, interest and costs have been paid in full.
(a) An order under this section may at any time, on good cause shown, be suspended, amended or rescinded by the maintenance court.
Any person who wishes to make an application for the suspension, amendment or rescission of an order under this section shall give notice in the prescribed manner of his or her intention to make the application to the person in whose favour that order was made, which notice shall be served at least 14 days before the day on which the application is to be heard.
the person in whose favour an order under this section was made to adduce such evidence, either in writing or orally, in rebuttal of the application as the maintenance court may consider necessary.
In order to give effect to an order for the attachment of emoluments referred to in section 28 (1), the maintenance officer shall, within seven days after the day on which such order was made by the maintenance court or whenever it is afterwards required, in the prescribed manner cause a notice, together with a copy of such order, to be served on the employer concerned directing that employer to make the payments specified in the notice at the times and in the manner so specified.
Whenever any person to whom the notice relates leaves the service of the employer, that employer shall, within seven days after the day on which he or she so leaves the service, give notice thereof in the prescribed manner to the maintenance officer of the court where the order in question was made.
Any employer on whom a notice has been served for the purposes of satisfying a maintenance order shall give priority to the payments specified in that notice over any order of court requiring payments to be made from the emoluments due to the person against whom that maintenance order was made.
If any employer on whom a notice has been served for the purposes of satisfying a maintenance order has failed to make any particular payment in accordance with that notice, that maintenance order may be enforced against that employer in respect of any amount which that employer has so failed to pay, and the provisions of this Chapter shall, with the necessary changes, apply in respect of that employer, subject to that employer's right or the right of the person against whom that maintenance order was made to dispute the validity of the order for the attachment of emoluments referred to in section 28 (1).
when such court suspends the warrant of execution under section 27 (4) (b), make an order for the attachment of any debt at present or in future owing or accruing to the person against whom the maintenance or other order in question was made to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the attachment or execution, which order shall direct the person who has incurred the obligation to pay the debt to make such payment as may be specified in that order within the time and in the manner so specified.
Any person who wishes to make an application for the suspension, amendment or rescission of an order under this section shall give notice of his or her intention to make the application to the person in whose favour that order was made, which notice shall be served at least 14 days before the day on which the application is to be heard.
An order made under subsection (1) may be enforced as if it were a civil judgment of the court.
Subject to the provisions of subsection (2), any person who fails to make any particular payment in accordance with a maintenance order shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year or to such imprisonment without the option of a fine.
If the defence is raised in any prosecution for an offence under this section that any failure to pay maintenance in accordance with a maintenance order was due to lack of means on the part of the person charged, he or she shall not merely on the grounds of such defence be entitled to an acquittal if it is proved that the failure was due to his or her unwillingness to work or misconduct.
If the name of a person stated in a maintenance order as the person against whom the maintenance order has been made corresponds substantially to the name of the particular person prosecuted for an offence under this section, any copy of the maintenance order certified as a true copy by a person who purports to be the registrar or clerk of the court or other officer having the custody of the records of the court in the Republic where the maintenance order was made, shall on its production be prima facie proof of the fact that the maintenance order was made against the person so prosecuted.
If a person has been convicted of an offence under this section, the maintenance officer may, notwithstanding anything to the contrary contained in any law, furnish that person's personal particulars to any business which has as its object the granting of credit or is involved in the credit rating of persons.
The provisions of sections 164 (2), 188 and 189 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall, with the necessary changes, apply in respect of a person required to appear before a magistrate under section 8, and the magistrate may, subject to subsection (2), exercise in respect of that person all the powers conferred by section 170 (2) of the said Act and the said section 189 on the court referred to in those sections.
A person who is required to appear before a magistrate and who refuses or fails to furnish the information in question shall not be sentenced to imprisonment as contemplated in section 189 of the Criminal Procedure Act, 1977, unless the magistrate is also of the opinion that the furnishing of such information is necessary for the administration of justice.
The provisions of sections 188 and 189 of the Criminal Procedure Act, 1977 (Act 51 of 1977) shall, with the necessary changes, apply in respect of a person subpoenaed under section 9 or 10 (1) to appear before a maintenance court or who is present at a maintenance enquiry, and the maintenance court holding the enquiry may exercise in respect of that person all the powers conferred by section 170 (2) of the said Act and the said section 189 on the court referred to in those sections.
Any person who, after having been sworn or having affirmed as a witness, wilfully gives false evidence before the maintenance court, knowing the evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable on conviction to the penalties which may in law be imposed for perjury.
Any person who makes a statement which is admitted as evidence under section 12 and who in such statement wilfully and falsely states anything which, if sworn, would have constituted perjury, shall be guilty of an offence and liable on conviction to the penalties which may in law be imposed for perjury.
Any person who is requested by a maintenance investigator or a maintenance officer to furnish information in the performance of the maintenance investigator's or maintenance officer's functions under this Act, and who wilfully furnishes information which he or she knows to be false or does not know or believe to be true, shall be guilty of an offence and liable on conviction to the penalties which may in law be imposed for perjury.
Any person who wilfully interrupts the proceedings at a maintenance enquiry or who wilfully hinders or obstructs the maintenance court in the performance of the maintenance court's functions at the enquiry shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
Save as is otherwise provided in subsection (3), no person shall publish in any manner whatsoever the name or address of any person under the age of 18 years who is or was involved in any proceedings at a maintenance enquiry or the name of his or her school or any other information likely to reveal the identity of that person.
Any person who contravenes a provision of subsection (1) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
If the Minister or the officer presiding at the maintenance enquiry is of the opinion that the publication of information in respect of a particular person under the age of 18 years would be just and in his or her interest, the Minister or such officer may in writing dispense with the prohibition contained in subsection (1) to the extent so specified.
Any person who, except for the purposes of performing his or her functions under this Act or when required to do so by any court or under any law, discloses to any other person any information acquired by that person in the performance of that person's functions under this Act shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.
refuses or fails to give notice to a maintenance officer as required by section 16 (3) (b) or 29 (2), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.
Any person who refuses or fails to give notice of any change of his or her place of residence or employment as required by section 16 (4) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.
A court with civil jurisdiction convicting any person of an offence under section 31 (1) may, on the application of the public prosecutor and in addition to or in lieu of any penalty which the court may impose in respect of that offence, grant an order for the recovery from the convicted person of any amount he or she has failed to pay in accordance with the maintenance order, together with any interest thereon, whereupon the order so granted shall have the effect of a civil judgment of the court and shall, subject to subsection (2), be executed in the prescribed manner.
if the court so decides, authorise the issue of a warrant of execution against the movable or immovable property of the convicted person in order to satisfy such order.
Notwithstanding anything to the contrary contained in any law, any pension, annuity, gratuity or compassionate allowance or other similar benefit shall be liable to be attached or subjected to execution under an order granted under this section.
the enforcement of any sentence suspended on condition that the convicted person make periodical payments of sums of money towards the maintenance of any other person, it appears to the court that it is desirable that a maintenance enquiry be held, or when the public prosecutor so requests, the court shall convert the proceedings into such enquiry.
The prescribed record of the proceedings at a maintenance enquiry shall be kept and shall be accessible to such persons on such conditions as to payment of fees or otherwise as may be prescribed.
All fees shall be prescribed in consultation with the Minister of Finance.
A maintenance court may, at the request of the maintenance officer, direct that two photographs be taken of the person against whom the maintenance court has made a maintenance order.
The photographs shall be dealt with by the maintenance officer in the prescribed manner.
in general, as to any matter which the Minister may consider necessary or expedient to prescribe in order that the objects of this Act may be achieved.
The Minister shall cause a copy of regulations made under this section to be tabled in Parliament as soon as possible after the publication thereof.
Regulations made under this section may prescribe penalties for any contravention thereof or failure to comply therewith not exceeding imprisonment for a period of three years.
Any regulation made under this section which may result in financial expenditure for the State shall be made in consultation with the Minister of Finance.
Notwithstanding the repeal of any law by subsection (1), anything done under any such law and which could be done under a provision of this Act, shall be deemed to have been done under such provision.
the rules which were made under the said Act and were in force immediately before the commencement of this Act and which are not inconsistent with this Act shall continue in force until they are repealed, withdrawn or amended by regulations made under section 44.
of the rules made under section 6 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), in respect thereof, shall, in so far as those provisions are not inconsistent with this Act or are not otherwise clearly inappropriate, apply in respect of the execution of maintenance or other orders of maintenance courts as if those provisions had been made under the said section 44 (1) (d) or (e), and any execution of any maintenance or other order of a maintenance court commenced under those provisions immediately before the coming into operation of the said regulations shall continue and be disposed of under those provisions.
This Act shall be called the Maintenance Act, 1998, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
'Save to the extent permitted by this Act, the Income Tax Act, 1962 (Act 58 of 1962), and the Maintenance Act, 1998, no benefit provided for in the rules of a registered fund (including an annuity purchased or to be purchased by the said fund from an insurer for a member), or right to such benefit, or right in respect of contributions made by or on behalf of a member, shall, notwithstanding anything to the contrary contained in the rules of such a fund, be capable of being reduced, transferred or otherwise ceded, or of being pledged or hypothecated, or be liable to be attached or subjected to any form of execution under a judgment or order of a court of law, or to the extent of not more than three thousand rand per annum, be capable of being taken into account in a determination of a judgment debtor's financial position in terms of section 65 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), and in the event of the member or beneficiary concerned attempting to transfer or otherwise cede, or to pledge or hypothecate, such benefit or right, the fund concerned may withhold or suspend payment thereof:'.
The repeal of the whole.
Reciprocal Enforcement of Maintenance Orders Act, 1963 1.
'"maintenance order" means any order, other than an order of affiliation, for the payment, including the periodical payment, by any person of sums of money towards the maintenance of any other person whom he or she is liable to maintain in accordance with the law of the country in which the order is made;'.
'(5) The provisions of sections 11, 33 and 35 of the Maintenance Act, 1998, shall mutatis mutandis apply in respect of any enquiry held under this section.'.
Any maintenance order registered under section 3 or confirmed under section 4 shall for the purposes of sections 16 (2) to (4), 31, 38 and 40 of the Maintenance Act, 1998, be deemed to be a maintenance order made under that Act by the maintenance court where the order has been so registered or confirmed: Provided that in a prosecution for a contravention of the said section 31 in respect of an order registered under section 3, the provisions of section 41 of the said Act shall not apply.'.
'(1) Notwithstanding anything to the contrary in any law contained, an enquiry may be held under the Maintenance Act, 1998, in the absence of any person resident in a proclaimed country who may be legally liable to maintain any person in the Republic, provided the evidence of all witnesses at the enquiry is read over to and signed by them.'
'(4) Upon confirmation of a provisional maintenance order in terms of this section, it shall be deemed to be an order made under paragraph (a) or (b) of section 16 (1) of the Maintenance Act, 1998, as the case may be, by the court which made the provisional order.'.
'(1) No pension or benefit payable under this Act, and no right in respect of any such pension or benefit, shall be capable of being assigned or transferred or otherwise ceded or of being pledged or hypothecated or, save as is provided in section 26 or 40 of the Maintenance Act, 1998, be liable to be attached or subject to any form of execution under a judgment or order of a court of law.'.
'(c) any contravention of any provision of section 31 (1) of the Maintenance Act, 1998, or of such provision as applied by any other law;'.
'(1) No annuity or benefit or right in respect of an annuity or benefit payable under a pension law shall be capable of being assigned or transferred or otherwise ceded or of being pledged or hypothecated or, save as is provided in section 26 or 40 of the Maintenance Act, 1998, be liable to be attached or subjected to any form of execution under a judgment or order of a court of law.'.
The repeal of so much of the Schedule as relates to the Maintenance Act, 1963.
Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989 1.
'"maintenance order" means any order for the payment, including the periodical payment, by any person of sums of money towards the maintenance of any other person whom the first-mentioned person is liable to maintain in accordance with the law of the country in which the order is made;'.
'(1) Notwithstanding anything to the contrary in any law contained, an enquiry may be held under the Maintenance Act, 1998, in the absence of any person resident in a designated country who may be legally liable to maintain any person in the Republic, provided the evidence of all witnesses at the enquiry is read over to and signed by them.'.
'(6) The provisions of sections 11, 33 and 35 of the Maintenance Act, 1998, shall apply mutatis mutandis in respect of any enquiry held under this section.'.
Any maintenance order registered under section 4 or confirmed under section 6 shall for the purposes of sections 16 (2) to (4), 31, 38 and 40 of the Maintenance Act, 1998, be deemed to be a maintenance order made under section 16 (1) of the said Act by the maintenance court where the order has been so registered or confirmed: Provided that in a prosecution for a contravention of the said section 31 in respect of an order registered under section 4 of this Act, the provisions of section 41 of the said Act shall not apply.'.
When it appears to any court in the Republic that any person in respect of whom it has, before or after the commencement of this Act, made an order under section 16 (2) of the Maintenance Act, 1998, is resident in the Republic but is employed or is in receipt of a salary, wage or any other form of remuneration or allowance in a designed [sic] country, that court may transmit a certified copy of the record of the proceedings in which the order was made to the Director-General for transmission to the administrative head of the Department of Justice of such designated country.'.
'(3) Any order registered under subsection (1) and any notice issued under subsection (2), shall, for the purposes of sections 16 (3) (b) and (c) and 38 of the Maintenance Act, 1998, be deemed to be an order made under subsection (2) of section 16 of that Act and a notice issued under subsection (3) (a) of the said section 16, respectively.'.
'(1) Subject to the provisions of this Act and any rules made thereunder, the procedure and rules of evidence, including the competency, compellability, examination or cross-examination of witnesses, to be followed at or in connection with an enquiry under the Maintenance Act, 1998, shall, in so far as they can be applied, apply mutatis mutandis to enquiries under section 6 (4).'.
The repeal of sections 3 and 4.
Justice Laws Rationalisation Act, 1996 1.
'(1) Notwithstanding the provisions of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989 (Act 6 of 1989), or the coming into operation of the Constitution, any maintenance order registered in terms of section 4 of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989, or confirmed in terms of section 6 of that Act or under any corresponding law in force in any of the affected territories, shall continue to be in force, and shall be deemed to be a maintenance order made under section 16 (1) (a) (i) or (b) (i) of the Maintenance Act 1998, as the case may be, by the maintenance court where such order has been so registered or confirmed.'
'(2) Any maintenance order, or other order related thereto, made in any affected territory under any law repealed by this Act, shall continue to be in force, and shall be deemed to have been made under a corresponding provision of the Maintenance Act, 1998.'.
'(1) No benefit or right in respect of a benefit payable under this Act shall be capable of being assigned or transferred or otherwise ceded or of being pledged or hypothecated or, save as is provided in section 26 or 40 of the Maintenance Act, 1998, and section 7 (8) of the Divorce Act, 1979 (Act 70 of 1979), be liable to be attached or subjected to any form of execution under a judgment or order of a court of law.'.
The repeal of section 9.
Every magistrate's court for a district, established in terms of section 2 (1) (e) of the Magistrates' Courts Act, 1944 (Act 32 of 1944), is within its area of jurisdiction a maintenance court for the purposes of this Act.
<fn>GOV-ZA.1998110201En.2012-02-10.en.txt</fn>
Today represents another milestone in the budget reform process. I rise before this Parliament to table formally, for the first time, the Medium Term Budget Policy Statement (MTBPS). In this statement we set out a three-year projection for the economy. We explain how much money will be available from taxes and borrowing to pay for social goods and services over the period to March 2002. We also table the Adjustments Estimate for 1998/99, which seeks Parliament's approval to revise the budgets for the current year.
Madam Speaker, when we tabled the Budget on 11 March we expected the economy to grow robustly, interest rates to fall, lower inflation and stronger investment growth. Much has changed since then.
The pain of the changes we are having to live through is felt most acutely by working people and the poor. Over this past weekend, being month-end, working families across the length and breadth of our country will have spent time working through their household budgets, struggling to make ends meet. High interest rates have pushed up repayments on home loans and other debt, reducing the amount of cash available for essentials such as food. In many cases, people run the risk of losing their homes and other possessions.
The change in economic circumstances has also put pressure on investment and job creation.
It has been a difficult and challenging time for all of us. But despite the downturn of the economy we have not cut back on social welfare spending. We have not cut back spending on education and health. We have not cut back on any of the spending on special poverty alleviation and employment programmes. This distinguishes South Africa from all other developing countries which have been affected by the global crisis.
The developments of the past year have been a real test of our resolve and commitment to the vision and objectives we set out in the Reconstruction and Development Programme (RDP). We believe that we have remained true to these ideals. We continue to deliver on them. We have done this in the most difficult of times. But we have done this without jeopardising the potential of our economy for sustainable growth and development.
It is important to acknowledge that we have been assisted in our task by the fact that our economy has been undergoing major structural reform, which has made it stronger, more resilient and better able to withstand external shocks.
Last December we published (but did not formally table) our first Medium Term Budget Policy Statement, which set out a three-year projection of the economy. In the Budget in March this year those economic projections were updated, and our spending plans were translated into detailed Budget allocations for departments and provinces.
But, as I have already mentioned the world has changed since our first Policy Statement.
The global economy is in the midst of a serious financial and economic crisis. We have witnessed a deepening of the financial crisis in the Asian economies. We saw investors respond by withdrawing their money out of these economies from the second half of 1997, leading to currency devaluations, increases in interest rates and precipitous declines in stock and other asset markets. Countries were made more vulnerable by the fact that they had very high levels of short-term foreign debt.
Since April the global economy has been rocked again and again. The speed at which this crisis has spread from East Asia through Russia and into Latin America, and in particular Brazil, is alarming.
We have watched financial investors flee from emerging markets to relative security, without at times, any semblance of rationality. And, investors have often failed to differentiate between good and bad policies. It has become difficult, if not impossible, for any developing country to access the international capital markets, a fact, which has served only to deepen the crisis.
It is of course true that the world has benefited over the last decade from very strong growth in trade and flows of capital. There is no question that these flows have contributed to the high rates of growth in many Asian and other developing economies, and have financed investment, growth and jobs in many developing countries.
But these flows have also been accompanied by rapid development of new financial instruments in an environment of poorly regulated banking systems and financial markets. Speculative finance and spiraling stock market prices - and yes, greed - have fuelled poor decisions.
Today large parts of the world economy are near or in recession. Sadly most of the countries in recession are in the developing world. The pain and suffering of the poor in these countries is immeasurable. In Indonesia alone, six to eight million more people will join the ranks of the unemployed; in the other economies of East Asia the adjustment has seen large cuts in education and health spending, children are being taken out of school, reversing decades of investment in social development. In our continent lower commodity prices are having a significant impact on growth and creating even greater hardships for the poor. Sadly the burden of adjustment to the global crisis has fallen disproportionately on the poor.
About 1½ trillion dollars - that is almost ten thousand billion rand - of financial wealth has been destroyed in the affected Asian economies.
About the same amount has been wiped off the New York Stock Exchange.
The Russian economy has collapsed and the country is facing a debt standstill.
Latin America has been drawn into the crisis, and Brazil is at the edge of the precipice. The adjustments its government has to make require large cuts in social spending, significant increases in taxes and interest rates which are now at around fifty per cent.
The consequence is that world trade and global growth has fallen sharply. The consensus at the recent Annual Meeting of the IMF was that world economic growth for 1999 was projected to slow down very significantly. Recognising the global nature of the crisis, industrial countries are expected to ease their interest rates to prevent a global recession. However, slow growth for a number of years seems inevitable.
We have not been immune to these shocks.
The rand plummeted between May and August, and our stock market lost nearly a third of its value. Capital outflows reversed what had been net inflows during the first half of the year. The interest rate on government bonds rose from below 13 per cent at Budget time to nearly 20 per cent in August, significantly increasing the government's interest burden. Money market rates, prime interest rates and home loan rates rose 6 percentage points from May to September, reaching an unprecedented 16 per cent above consumer price inflation.
As a result, private consumption and retail sales have stagnated, export growth has slowed and business confidence has been severely dented. Although the economy continued to grow in the first half of the year, all indications are that it has slowed down sharply in the second half.
We cannot avoid the impact of the changed outlook for the world economy. Two thirds of our exports are commodities, which means that the decline in commodity prices has impacted negatively on export earnings and our national income. Our manufacturers now face more difficult international trading conditions and tougher competition from Asian and other countries. And, we remain heavily dependent on foreign investment because we save too little ourselves.
The announcements we make today must not be seen as a mere revision of the numbers. They go to the heart of how this Government gives priority to reconstruction and development, to basic social services, to the poor and vulnerable and to job creation. They are our beacons and we reaffirm today that we will continue to steer our course by them.
We do so cognisant of the fact that the course we are steering is a difficult one. We have said on many occasions that there are no shortcuts, and that we have a responsibility to our people to ensure that the gains we make are sustainable in the long run.
We want our children and grandchildren to enjoy greater prosperity; our mothers and fathers to enjoy peace of mind; and we want to restore the pride and dignity of our people and communities by eliminating the scourge of unemployment. The choices we have made and present to our people today are a testimony to our commitment to creating a better life for all.
We have come through the worst of this storm and although we have suffered some damage we expect calmer waters for the remainder of this year. We are also projecting that the economy will begin to recover next year, albeit slowly.
The higher interest rates will dampen private consumption and investment until the second half of next year. But as inflation and interest rates come down, demand will strengthen, augmented by demutualisation, increased export competitiveness, and the resumption of foreign inflows. By 2000, we expect to see private consumption and investment growing by as much as 6 to 9 per cent.
Domestic savings are still too low, which means that we need to attract higher levels of foreign investment if the economy is to grow. Capital from abroad not only finances investment and growth, but also provides the liquidity in money and capital markets which we need to bring down our interest rates.
In our trade with the rest of the world, sluggish demand and the lower rand will dampen import volumes. Although our exports may suffer from the slowdown in world growth, the lower level of the rand will provide some relief. Overall the current account deficit is anticipated to remain between 1 and 2 per cent of GDP in 1998, rising moderately over the following years as demand recovers.
Consumer price inflation is projected to peak below 10 per cent by the end of this year and then decline rapidly towards its 5 per cent trend level during next year.
On balance, we anticipate real growth in the economy of 2 per cent in the next financial year, rising to 3 per cent in 2000/01 and 4 per cent in 2001/02.
Economics is an uncertain science - and rarely is it more uncertain than now. This Medium Term Budget Policy Statement comes at a time when it is difficult to be sure what will happen in the next three weeks, let alone three years. Our forecasts are based on our best assessment of domestic and international conditions.
Although investment and growth have suffered, the impact on South Africa of the slowdown in the world economy has been moderate compared with a number of other middle-income countries.
We have a sound balance of payments, with a deficit to be financed of less than 2 per cent of national income.
We have moderate foreign debts - in both the public and the private sector.
We have a well-regulated and well-developed financial system.
We have made substantial investments in social development over the past four years, in social welfare, education, health, housing, water and sanitation, electrification and other social infrastructure.
And above all, we have coherent and sustainable macroeconomic policies, and transparent and credible public finances.
These strengths protected us against the worst of the world financial crisis. Our performance has enhanced our standing as an emerging economy. This is also reflected in the fact that the credit rating agency Moodys confirmed South Africa's investment grade rating and changed its outlook from negative to stable. Our investment grade rating was also confirmed by Duff and Phelps, the other rating agency.
We will hold our nerve and walk the path to which we are committed. And, we will emerge stronger from this experience, enhancing our longer term prospects for sustainable growth, investment and above all jobs.
We also table today the Adjustments Estimate, which seeks Parliament's approval to revise the budgets for the current year. In part, the changes in spending reflect our changed circumstances.
Like every other borrower government has had to live with the high interest rates. When we budgeted for debt service costs for 1998/99 we expected that government bonds would cost us an average interest rate of 13 per cent. To date it has cost us on average 15,9 per cent to finance our deficit and to re-finance maturing loans. Shortterm loans have been obtained at an average rate of 17 per cent. What all this means is that the cost of servicing government debt has increased and we have had to set aside an amount of R1,18 billion in the Adjustments Estimate for this. This pushes the total interest bill up from R42,5 billion to R43,7 billion. The importance of government's commitment to reducing the deficit is underscored by the sheer magnitude of these numbers.
Every parent will welcome the news that the Adjustments Estimate includes R200 million for new textbooks. Although the provision of new textbooks is a provincial function, the National government has decided to set aside R 200 million to assist provinces in meeting this commitment. It should now be possible for children to have schoolbooks in the first week of school.
The Adjustments Estimate also provides an extra R1 billion for national government departments, to meet unforeseen and unavoidable expenditure. This includes commitments by the Special Defence Account, foreign currency losses incurred by the Department of Foreign Affairs, the extension of the Truth and Reconciliation Commission, an additional allocation to the Rail Commuter Corporation, and construction contracts of Water Affairs.
In addition, a billion rand will be provided for provinces. Provinces must use this money to pay off debt and pay their bills on time.
The Adjustments Estimate also provides for R300 million in additional expenditure for the improvements in conditions of service of both national and provincial government employees.
R2,0 billion of expenditure rolled over from 1997/98, offset by expected savings and allocations to be rolled forward to 1999/00 amounting to R2,1 billion.
At this stage additional revenue of R384 million is anticipated, including a R350 million receipt to the Exchequer following the closing of the Post Office Fund.
After taking into account the contingency reserve of R1 billion set aside in the 1998/99 Budget, the overall impact of the Adjustments Estimate is an increase of R2,2 billion in the projected deficit to R25,9 billion. This is 3,9 per cent of the revised GDP. The revised expenditure level is now R204,5 billion compared to R201,3 billion announced in the Budget.
The Adjustments Estimate also shows R651 million of additional spending financed from foreign grants or international cooperation agreements. International budgetary support is expected to continue to grow over the coming years, in keeping with various sectoral agreements with partner countries.
The details of the Adjustments Estimates are set out in the Explanatory Memorandum, which we table today. The proposals are a measured response to the changed economic outlook and its impact on the public finances. Government will live within this revised expenditure limits to the end of March 1999.
Madam Speaker, our commitment to economic growth built on investment in our people and the infrastructure of our nation remains unshakable. We believe that it has been our ability to stay the course that has protected us from the worst of this crisis.
The deterioration in the world economy has not led us to abandon our macroeconomic policy. On the contrary, our commitment is underscored by our belief that it has served us well as an anchor in recent storms. The experience of the last year has redoubled our determination to pursue the sustainable economic policies we need to underpin the reconstruction and development of our nation.
Our Growth Employment and Redistribution strategy (GEAR) has never been about specific numbers. It is about a set of policy choices designed to increase growth, employment and redistribution over the medium term. Sustainable growth and job creation are the goals. To achieve them we need to increase the levels of both private and public sector investment particularly in infrastructure; we need a strong export sector; we need to increase the potential of small and medium size enterprises; it also requires a labour market capable of encouraging enterprise while protecting workers. It requires sound public finances and the Budget needs to continue to give priority to spending on education, health, welfare, and social infrastructure.
This reprioritisation demands that we reduce our debt service costs, and to do this, we have to reduce the government deficit. It also means that we have to begin to address the ratio of current expenditure to capital expenditure. To do this we have to halt the increase in the government wage bill. But we also have to improve the quality and efficiency of delivery of services. This is the logic that informs our macroeconomic policy.
Of course we must look again at the detailed projections, and adapt them in the light of the changed economic environment. We already know that growth is not as strong as we anticipated; that the exchange rate has been a little stronger; that interest rates have been much higher than we assumed and inflation more subdued. And, more importantly perhaps, the world economic outlook has changed fundamentally. In revising our projections we must be clear where we have fallen short of our goals, and understand why we have not succeeded. But we believe and state unequivocally that the coherence and strength of our policy framework remains.
Madam Speaker, I want to deal now with our fiscal projections over the coming three years, on which the next Budget, which will be tabled in this Parliament on the 17 February, will be based.
Our projections in March this year assumed reasonably rapid economic growth over the coming three years, averaging 4 per cent a year. This would have allowed us to reduce the deficit whilst allowing for increases in spending in welfare, education and health. In turn taxes as a percentage of GDP were also projected to fall.
The economy will continue to grow, but more slowly than we anticipated in the Budget. To reduce spending as a share of GDP as fast as we had intended in our Budget projections would result in severe year-on-year real cuts in spending. That in turn would mean reductions in basic services and force Government to step aside from its policy commitments.
This Government does not intend to cut back on social services and infrastructure spending because of a temporary slowdown in growth. It would not be fair to shift the burden of adjustment onto those services that make up the backbone of social delivery. But neither would it be efficient or sustainable. We have therefore decided to protect the real level of public spending over the next three years.
This does not mean that we have abandoned our commitment to sound fiscal management. Quite the opposite. We are more conscious now than ever before that we cannot spend our way out of trouble. The more we borrow, the more we have to set aside to pay the interest on our debt, and the less there is left to deliver on reconstruction and development.
It is important to note that the reduction in the deficit since 1994 has already saved about R4 billion in interest costs that would not have been available in the 1998/99 budget.
Our commitment to reduce the deficit and overtime the debt burden remains firmly in place. We will be reducing the deficit to 3 per cent of GDP in 2000/01, a year later than we planned at the time of the budget. The deficit next year, 1999/2000, will be R25,2 billion rand, which is 3½ per cent of GDP.
In other words, we have deferred by a single year our progress to a sustainable and affordable deficit target. We have done so in the face of changes to economic conditions, which make more rapid progress undesirable and unachievable. However, we are mindful of the higher interest costs, which arise from the higher deficit and it is for this reason that the deficit reduction programme is being deferred for only one year.
For the current fiscal year revenue is expected to exceed the Budget slightly and will amount to 27,1 per cent of the revised GDP estimate. In the revised budget framework we allow for a phased reduction in national revenue to 26,5 per cent of GDP in 2001/02.
As a result, budgeted public spending will grow by 20 per cent over the next three years - giving us an average growth of 6,2 per cent a year (or in real terms more than 1 per cent a year).
The new fiscal projections are set out in detail in today's Medium Term Budget Policy Statement. They reflect our commitment to protecting services and jobs in the face of the world economic downturn within a sound and sustainable macroeconomic framework.
As well as the projections for total spending, tax and borrowing, the Medium Term Budget Policy Statement sets out the proposed division of revenue among the three spheres of Government.
The proposed division is given effect by the Division of Revenue Bill, which is tabled along with the Budget. We now publish the proposed Division of Revenue some 3 months before the Budget. This will enable provinces to plan their budgets more effectively before February. It will enable analysts and the public to consider the implications of the division of revenue before the budget. Above all, it will enable Parliament to reflect on the proposed division of revenue before the Bill is tabled here in February. This is another step forward in transparency and predictability of the Budget.
The vertical division of revenue between the three spheres of government has been held broadly constant. Some 42 per cent of available revenue is allocated to national government, 57 per cent to provincial governments, and the rest makes up the local government equitable share that we introduced last year.
The division of the provincial share between the nine provinces is determined by a formula which takes account of the demographic profile of each province, in order to reflect the demand for basic social services.
We have updated the formula this year to take account of the final data from the 1996 Census, which we unveiled last month. In addition, we have introduced a new backlog component into the formula, to address backlogs in infrastructure and delivery. This component is distributed according to reported backlogs in health and education infrastructure, and represents an important further step in the redistribution of spending towards previously disadvantaged areas.
The proposed equitable shares to each province are set out in detail in the Medium Term Budget Policy Statement.
Madam Speaker, we have heard much about provincial overspending and mismanagement. There undoubtedly have been problems, particularly in those provinces which inherited bantustan administrations. For example, there have been acute bottlenecks in financial management capacity.
However, there have been substantial changes for the better. In March this year, national government intervened in both Eastern Cape and KwaZulu-Natal, using its powers under section 100(1)(a) of the Constitution. This was to ensure the continued delivery of services in the face of severe financial difficulties. Seven months later, both provinces are now projected to run surpluses this year and throughout the coming three years. They will now be able to pay off the debt they incurred.
In the other provinces, less acutely burdened with poor capacity and backlogs to address, financial systems have been improved. The provinces are on immeasurably firmer ground today than they were a year ago.
I should like to pay tribute to all nine MECs for Finance. As "Team Finance" we have introduced a new system of financial relations between the spheres of government. We have grappled together with the problems of financial administration, and we have sought to persuade and cajole our colleagues to respect the budget law. We have learned together, and I am proud to call them friends as well as colleagues.
It is a result of their efforts personally that we have a sound system of intergovernmental financial relations which gives effect to our Constitution.
Over the coming weeks and months, Cabinet will finalise the allocation of the national budget, and each provincial Executive Council will do the same for provincial budgets. A new Medium Term Expenditure Framework, setting out spending plans for the next three years, will be announced in the budget in February.
In the meantime, projections based on preliminary budgets are set out in the Medium Term Budget Policy Statement. This enables all stakeholders to engage in a constructive dialogue about the nation's priorities, to ensure that the widest possible cross-section of views are taken into account in the Budget. We invite this Parliament and our nation to actively engage with the policy proposals we have put forward today.
Madam Speaker, at the Presidential Jobs Summit on Friday, Government, business, labour and the community recognised that we will have to combine our efforts, in new and innovative ways, to increase the number of jobs created in our economy.
The national budget already includes about R5 billion allocated to special employment projects and labour-intensive infrastructure programmes. In addition, there is considerable capital and maintenance expenditure by government and public corporations on roads, telecommunications, regional water networks and electrification, several of which are expanding and have significant employment impacts.
The Job Summit established a common purpose for our nation. It recognised that the only way to improve living standards on a sustained basis is to get people into work and earning a decent living wage.
Madam Speaker, in drawing up our budget we compile an operational plan which breathes life into our goals for the nation.
Our task is made more difficult by the turmoil in the world economy, which has resulted in an economic slowdown in South Africa as in the rest of the world.
But we face this challenge knowing that we have in place a sound economic framework, and steadfast in our commitment to our priorities. We will place job creation first. We will enhance our basic social services, to ensure that all our citizens have access to affordable, good quality health care and education. We will invest in our economic and social infrastructure. And we will wage war on crime.
But we will not do this by abandoning our commitment to sound and sustainable economic policies. We will not do this by throwing away the hard-won gains of the past four years. Instead we will redouble our efforts to deliver better services, more equitably and more efficiently, within the resources we have available. That is the stamp of a socially and economically responsible and committed government.
We have published today a Medium Term Budget Policy Statement which shows how we will meet these commitments within an economic framework which is sustainable and coherent. It shows how we will go on bringing down the burden of tax and the budget deficit, meeting our 3 per cent target in 2000/01. It reaffirms our belief in our macroeconomic policies to promote dynamic growth and job creation, which must underpin social and economic transformation.
Our policy framework has been tempered in the furnace of a global financial crisis. It has proven its worth, shielding us from the worst of the crisis. It is a firm foundation, to which we have made measured adjustments in the face of a changed economic environment. It is because of our responsible economic policies that we are able to affirm here today that we can, and we will, go on building a better life for all.
<fn>GOV-ZA.1998112En.2012-02-10.en.txt</fn>
To provide for the establishment of an Office for the protection of witnesses; to regulate the powers, functions and duties of the Director: Office for Witness Protection; to provide for temporary protection pending placement under protection; to provide for the placement of witnesses and related persons under protection; to provide for services related to the protection of witnesses and related persons; to amend the Criminal Procedure Act, 1977, so as to make provision for witness services at courts; and to provide for incidental matters.
'witness protection officer' means any witness protection officer appointed in terms of section 5 (1).
placed under protection, shall be deemed to have been a protected person from the date of his or her placement under temporary protection; or discharged from temporary protection without being placed under protection, shall be deemed to have been a protected person only for the period during which he or she was under temporary protection.
There is hereby established an office within the Department called the Office for Witness Protection.
abolish any branch office or incorporate it with any other such office, and may for this purpose make any administrative or other arrangements as he or she may deem necessary; or amend or withdraw a notice issued in terms of this subsection.
The Minister must, subject to the laws governing the public service, appoint a person to the office of Director: Office for Witness Protection, who shall be the head of the Office.
The Director shall exercise the powers, perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by or under this Act, subject to the control and directions of the Minister.
Whenever the Director is for any reason unable to exercise, perform or carry out his or her powers, functions and duties or when the appointment of a person as Director is pending, the Minister may, subject to the laws governing the public service, appoint a person as Acting Director to exercise, perform or carry out the powers, functions and duties of the Director.
The Director-General may, subject to the laws governing the public service, appoint a person as Deputy Director: Office for Witness Protection who shall, subject to the control and directions of the Director, exercise, perform or carry out any powers, functions and duties conferred upon, assigned to or imposed upon him or her by the Director.
the Director may refuse to accept the services of a person so designated and may thereupon request the body, institution or organisation concerned to designate another person.
Notwithstanding any other law, any officer or person seconded to the service of the Office in terms of paragraph (a) (iv) or (v), or any person whose services have been obtained in terms of paragraph (a) (vi) may exercise the powers and must perform the functions or carry out the duties conferred upon, assigned to or imposed upon him or her from time to time by the Director and shall, in the exercise, performance or carrying out of such powers, functions or duties, act in terms of the laws applicable to the Office.
Any person referred to in paragraph (a) (v) or (vi), who is not subject to the laws governing the public service, shall be entitled to such remuneration, including allowances for travelling and subsistence expenses incurred by him or her in the exercise, performance or carrying out of the powers, functions and duties conferred upon, assigned to or imposed upon him or her by the Director, as the Minister in consultation with the Minister of Finance may determine.
any other person whose services are obtained by the Director.
may exercise the powers and must perform the functions or carry out the duties conferred upon, assigned to or imposed upon him or her by or under this Act.
The Director may, either in general or in a particular case or in cases of a particular nature, in writing delegate any power, function or duty conferred upon, assigned to or imposed upon him or her by or under this Act to any other member of the Office.
Any member of the Office to whom any power, function or duty has been delegated under paragraph (a) shall exercise that power, perform that function or carry out that duty subject to the control and directions of the Director.
The Director may at any time in writing withdraw such delegation, and the delegation of any power, function or duty shall not prevent the Director from exercising, performing or carrying out that power, function or duty himself or herself.
All Departments of State must render such assistance as may be reasonably required in the exercise, performance or carrying out of the powers, functions and duties conferred upon, assigned to or imposed upon the Director by or under this Act.
The Director-General must, subject to the laws governing the public service, appoint for each branch office established in terms of section 2 (2) a person as witness protection officer, who shall be the head of such branch office.
Whenever a witness protection officer is for any reason unable to exercise, perform or carry out his or her powers, functions and duties or when the appointment of a person as witness protection officer is pending, the Director-General may, subject to the laws governing the public service, appoint a person as acting witness protection officer to exercise, perform or carry out the powers, functions and duties of the witness protection officer concerned.
In order to achieve the objects of this Act and subject to the control and directions of the Director, a witness protection officer may exercise the powers and must perform the functions or carry out the duties conferred upon, assigned to or imposed upon him or her by the Director or under this Act.
A witness protection officer shall in the exercise of the powers, performance of the functions and carrying out of the duties conferred upon, assigned to or imposed upon him or her by the Director or under this Act, be assisted by other members of the Office designated for that purpose by the Director.
A witness protection officer must at all times control and supervise the activities of security officers in his or her area and must as often as the Director requires, but at least once every six months, submit a written report to the Director on such activities or on any other matter relating to this Act which the Director requests the witness protection officer to deal with in such report.
the Commissioner: Correctional Services, as the case may be, to second any member of the security services referred to in section 199 (1) of the Constitution, or any correctional official in the employ of the Department of Correctional Services, as a security officer to the service of the Office in terms of the laws regulating such secondment.
In order to achieve the objects of this Act and subject to the control and directions of the Director, a security officer seconded in terms of subsection (1) may exercise the powers and must perform the functions or carry out the duties conferred upon, assigned to or imposed upon him or her by the Director or a witness protection officer, or in terms of this Act, and shall, in the exercise, performance or carrying out of such powers, functions or duties, act in terms of the laws applicable to the Office.
[Date of commencement of s. 6: to be proclaimed.
apply in the prescribed manner that he or she or any related person be placed under protection.
any interested person or the investigating officer concerned, who has reason to believe that the safety of the witness or any related person is or may be threatened as contemplated in subsection (1), may make such a report or application on behalf of the witness.
Subject to section 12, an application for protection of a minor may be made by or on behalf of the minor without the consent of his or her parent or guardian.
inform the Director of the application; and submit the application to the Director or a witness protection officer.
The Director may, whenever he or she deems it necessary, refer an application for protection submitted to him or her, to a witness protection officer for evaluation and the submission of a report as contemplated in section 9 (1).
if a report or an application has been made as contemplated in section 7 (2) (a) , the witness or related person may only be placed under temporary protection if he or she has consented thereto; and no minor shall be placed under temporary protection without the consent of his or her parent or guardian, unless the Director is of the opinion that exceptional circumstances exist which do not warrant such consent.
If a witness protection officer places a witness or related person under temporary protection as contemplated in subsection (1), he or she must report such placement within 48 hours to the Director.
if the person has been placed under temporary protection as contemplated in section 8 (1), before the expiry of such temporary protection, report thereon to the Director.
particulars relating to the factors referred to in section 10 (1); and any other matter which in the opinion of the witness protection officer should be taken into account.
If a witness protection officer recommends that a person be placed under protection, he or she may make recommendations with regard to the nature of the protection, the expected duration of the protection and any particular circumstances that ought to be taken into account in the placement under such protection.
If a witness protection officer recommends that an application for protection be refused, he or she must inform the Director of the reasons for such recommendation.
In order to enable him or her to make a proper evaluation of an application for protection, the Director must be afforded immediate and full access to any police docket and statement of a witness and to any evidence given in any proceedings, and he or she is entitled to obtain copies of any such statement or of such evidence or any part thereof.
any other factor that the Director deems relevant.
approve the application and thereupon place the witness or any related person under protection in accordance with the protection agreement entered into by or on behalf of the witness or related person and the Director; or refuse the application and, where applicable, by written notice to the witness revoke any temporary protection under which he or she or any related person has been placed in terms of section 8 (1).
enter into a written protection agreement with such witness; and where applicable, enter into a separate written protection agreement with each related person, setting out the obligations of the Director and the witness or related person in respect of his or her placement under protection.
a minor; or a person who is otherwise not competent to enter into a legally binding agreement; or enter into a draft protection agreement with a minor referred to in the proviso to section 12 (1).
If the Director has entered into a protection agreement as contemplated in subsection (2), he or she may, as soon as possible after the protected person concerned becomes competent to enter into a legally binding agreement, require the protected person to enter into a new protection agreement.
any other prescribed terms and conditions or obligations agreed upon; and a procedure in accordance with which the protection agreement may, if necessary, be amended.
whose parent or guardian cannot be identified or found, notwithstanding reasonable efforts to do so; or whose parent or guardian is unreasonably withholding or is unable to give his or her consent, may be placed under protection without the consent of his or her parent or guardian if the Director is of the opinion that it is necessary to do so for the safety of the said minor.
the draft protection agreement referred to in section 11(2) (b) , for consideration by a judge in chambers.
The Director must also furnish to the minor concerned and, where applicable, to his or her parent or guardian, a copy of the report and the draft protection agreement referred to in paragraph (a).
to be in the best interests of the minor; and necessary to ensure the safety of the minor.
the Director must forthwith discharge such minor from protection.
Any draft protection agreement ratified or amended in terms of subsection (3), shall constitute a binding protection agreement.
The Director shall be the curator ad litem of a minor who, without the consent of his or her parent or guardian, has been placed under temporary protection as contemplated in section 8 (1) or protection as contemplated in the proviso to subsection (1).
The Director may, subject to subsections (4) and (5) and after consideration of any representations referred to in subsection (5), upon receipt of a written notice given by the interested functionary concerned that the evidence of a witness is no longer required in the proceedings concerned or that such proceedings have been concluded, by written notice, discharge such witness and all related persons from protection.
the person has wilfully caused serious damage to the place of safety where he or she is protected or to any property in or at such place of safety.
he or she must forthwith report the matter to the Director.
the parent or guardian of a minor; or a minor referred to in the proviso to section 12 (1), who is to be discharged from protection in terms of subsection (2), if he or she is of the opinion that the safety of such protected person is still being threatened after the conclusion of the proceedings concerned, extend the protection of such person for as long as it may in his or her opinion be necessary: Provided that the protection of a minor referred to in the proviso to section 12 (1), may not be so extended without the prior approval of a judge in chambers.
the protected person and, if he or she is a minor, his or her parent or guardian of the contemplated discharge in terms of subsection (2), and must allow the protected person, and, where applicable, his or her parent or guardian, and the interested functionary concerned to make written representations to him or her within the prescribed period and in the prescribed manner in relation to any matter regarding such discharge.
a minor referred to in the proviso to section 12 (1), submits a waiver of protection, in the prescribed manner, to the Director.
The Director must, subject to subsection (8), upon receipt of a waiver of protection referred to in subsection (6), without delay discharge the protected person from protection.
a protected person referred to in section 21 (1) (a) from protection in terms of this section without the prior approval of the Minister; or a minor referred to in the proviso to section 12 (1) from protection in terms of this section without the prior approval of a judge in chambers.
Any person who feels aggrieved by any decision of or steps taken by the Director or any person acting on behalf of the Director under a provision of this Act, may within the prescribed period and in the prescribed manner, apply to the Minister to review the decision or steps concerned.
Any civil proceedings in which a protected person is a party or a witness may, subject to the provisions of subsection (2), be proceeded with in terms of the laws regulating such proceedings.
preventing the disclosure of the identity or whereabouts of the said person; or achieving the objects of this Act.
Notice of any order made in terms of subsection (2) must be given to the parties to the proceedings concerned and to their legal representatives in accordance with the rules of court.
The address of the Office for Witness Protection shall for all purposes of service of process on a protected person, serve as the domicilium citandi et executandi of such person and notice of such address must be given in writing by the Director and delivered by hand or sent by registered mail by him or her to all other parties or their legal representatives.
If a judge of a High Court in an ex parte application, made to him or her in chambers by the Director, is satisfied that the safety of a minor who is under protection might be endangered by the exercising by anyone of his or her right of access to that minor, the judge may suspend such right of access or make any order he or she deems appropriate with regard to the exercising of such right in a manner aimed at preventing the disclosure of the identity or whereabouts of the said minor; or achieving the objects of this Act.
The Director and every other member of the Office must, upon taking office, take an oath or make an affirmation in the form specified in subsection (3).
The Director must take the oath or make the affirmation referred to in subsection (1) before the Director-General.
Any other member of the Office must take the oath or make the affirmation referred to in subsection (1) before the Director.
'I, A B, hereby declare under oath/solemnly affirm that I understand and shall honour the obligation of confidentiality imposed upon me by or under the provisions of the Witness Protection Act, 1998, and shall not act in contravention thereof.'.
if he or she is authorised thereto by the Minister; or in terms of subsection (5).
the protected person concerned; or Provided that the Director may not disclose any information in respect of a minor referred to in the proviso to section 12 (1) without the prior approval of a judge in chambers.
the protected person; or the parent or guardian of the protected person, if he or she is a minor, in the prescribed manner of the contemplated disclosure and must allow the protected person or, where applicable, his or her parent or guardian, to make written representations to him or her within the prescribed period and in the prescribed manner in relation to any matter regarding such disclosure.
The provisions of paragraph (a) do not apply if the Director is of the opinion that such notification may jeopardise the purpose for which the information is to be disclosed.
whether there are effective means available to prevent any further disclosure of the information; and any other factor that, in the opinion of the Director, should be taken into account.
which came into his or her possession; or to his or her knowledge was disclosed to him or her, if he or she ought to have reasonably suspected that such information was disclosed to him or her in contravention of the provisions of that subsection.
Notwithstanding any other law, no person in respect of whom proceedings are, or may be, or have been instituted or conducted, or who is a suspect in such proceedings, shall have access to any information, record, document or statement relating to the proceedings concerned, including any information, record, document or statement which is contained in, or forms part of, a police docket or is held by any police official charged with the investigation relating to such proceedings, which may disclose any information referred to in section 18, unless the Director otherwise directs.
the relocation or change of identity of a protected person, unless the Director satisfies the presiding officer concerned that exceptional circumstances, which are in the interest of justice, exist why such an order should not be made.
when giving evidence or producing any book, record, document or object in his or her possession or under his or her control in any proceedings or in any civil proceedings before a court; or if he or she is in terms of any law compellable to answer questions or to give evidence or to produce any book, record, document or object in his or her possession or under his or her control in any proceedings, other than the proceedings referred to in the definition of 'proceedings' in section 1, instituted or conducted in terms of any law, when answering the questions or giving the evidence or producing that book, record, document or object in such proceedings, shall be obliged to disclose any information referred to in section 18.
The Director may, with the approval of the Director-General, receive any donation, bequest or contribution, in money or otherwise, from any source for the purpose of giving effect to the provisions of this Act, and the Director-General must be notified of the receipt of any such donation, bequest or contribution.
The Director must utilise any donations, bequests or contributions contemplated in subsection (1) as prescribed and in accordance with the conditions, if any, imposed by the donor, testator or contributor concerned, in so far as such conditions are not inconsistent with the provisions of this Act.
[Date of commencement of s. 20: to be proclaimed.
Provided that no person referred to in paragraph (a) shall be placed under protection without the consent of the Minister.
For the purpose of giving effect to the provisions of subsection (1), any Minister shall, in relation to a person in respect of whom an agreement as contemplated in subsection (1) has been entered into and upon a recommendation by the Minister, exercise, perform or carry out any power, function and duty conferred upon, assigned to or imposed upon such Minister by or under any law.
wilfully or negligently contravenes any provision of section 17 (4), (8) or (9), or who discloses information in contravention of any condition determined by the Director in terms of section 17 (5), shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding 30 years.
with intent to gain for himself or herself or for any other person protection in terms of this Act, makes any false statement or furnishes information that he or she knows to be untrue or misleading, shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding five years.
Upon the conviction of any person for an offence referred to in paragraph (a) (iii), the public prosecutor must, if the State has suffered any loss as a result of such offence, apply for an order for the payment of compensation in terms of section 300 of the Criminal Procedure Act, 1977 (Act 51 of 1977).
in general, any matter which the Minister deems necessary or expedient to prescribe in order to achieve the objects of this Act.
Different regulations may be made in respect of different categories of witnesses or related persons.
Any regulation made under subsection (1) must, before publication thereof in the Gazette , be submitted to Parliament.
Any regulation made under subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding three years.
Any regulation made under subsection (1) which may result in financial expenditure for the State must be made in consultation with the Minister of Finance.
Repeals section 185A of the Criminal Procedure Act 51 of 1977.
any rule, notice, order, instruction, prohibition, authorisation, permission, consent, exemption, certificate or document promulgated, issued, given or granted and any other steps taken in terms of any such regulation prior to the commencement of this Act, shall remain in force, except in so far as it is inconsistent with this Act, until replaced by or in terms of a regulation made under section 23.
25 Inserts section 191A in the Criminal Procedure Act 51 of 1977.
This Act shall be called the Witness Protection Act, 1998, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
[Schedule amended by s. 36 (1) of Act 12 of 2004 and substituted by s. 68 of Act 32 of 2007.
when there are aggravating circumstances; or involving the taking of a motor vehicle.
Defeating the ends of justice.
Matters Amendment Act, 2007.
the value of the dependence-producing substance in question is more than R10 000,00; or the value of the dependence-producing substance in question is more than R5 000,00 and that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or the offence was committed by any law enforcement officer.
Any offence referred to in section 1 or 1A of the Intimidation Act, 1982 (Act 72 of 1982).
the dealing in or smuggling of ammunition, firearms, explosives or armament; or the possession of an automatic or semi-automatic firearm, explosives or armament.
Combating of Corrupt Activities Act, 2004.
Any offence referred to in the Prevention of Organised Crime Act, 1998.
Any other offence which the Minister has determined by regulation.
Any other offence in respect of which it is alleged that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or a law enforcement officer, and in respect of which the Director is of the opinion that the safety of a witness who is or may be required to give evidence, or who has given evidence in respect of such an offence in any proceedings or any related person, warrants protection.
Any other offence in respect of which the Director, after having considered the factors mentioned in section 10 (1) and any information gained in terms of section 10 (2), is of the opinion that the safety of a witness who is or may be required to give evidence, or who has given evidence in respect of such an offence in any proceedings or any related person, warrants protection.
<fn>GOV-ZA.1998114En.2012-02-10.en.txt</fn>
To provide for the establishment of a council, known as the Council for Debt Collectors; to provide for the exercise of control over the occupation of debt collector; to amend the Magistrates' Courts Act, 1944, so as to legalise the recovery of fees or remuneration by registered debt collectors; and to provide for matters connected therewith.
[Para. (c) substituted by s. 10 of Act 22 of 2005.
'this Act' includes any regulation or notice made or issued under this Act.
[Date of commencement of s. 1: 21 January 2000.
There is hereby established a juristic person to be known as the Council for Debt Collectors.
The objects of the Council are to exercise control over the occupation of debt collector. [Date of commencement of s. 2: 21 January 2000.
The Council shall consist of not more than 10 members appointed by the Minister.
one person from nominations submitted by institutions representing consumer interests and who, in the opinion of the Minister, is a fit and proper person to serve on the Council.
The Council shall from time to time elect from among its members a vicechairperson, who shall in the absence of the chairperson have all the powers and duties of the chairperson, and if neither the chairperson nor the vice-chairperson is present at a meeting of the Council, the members present shall elect a person from their own ranks to preside at that meeting.
A member of the Council, subject to paragraphs (b) , (c) , (d) and (e) , holds office for a term, not exceeding three years, determined by the Minister at the time of the member's appointment.
A member of the Council appointed in terms of this section who is a member of a committee referred to in section 15 (2), must, notwithstanding his or her subsequent vacation of office as a member of the Council, dispose of the matters he or she is seized with and, for that purpose only, is deemed to hold office as a member of the Council in respect of any period during which he or she is necessarily engaged in connection with the disposal of the matters which were not disposed of when he or she vacated office as a member of the Council.
incapacitated and is not able to dispose of the matters in question due to that incapacity, may be exempted by the Council from the provisions of paragraph (d) . [Sub-s. (4) substituted by s. 23 of Act 66 of 2008.
in the case of a member who is a debt collector, has been found guilty in terms of section 15 of improper conduct.
does not permanently reside in the Republic.
[Date of commencement of s. 3: 21 January 2000.
The Council shall meet for the first time at the time and place determined by the chairperson and thereafter at least three times in every financial year at the times and places determined by the chairperson or, in his or her absence, the vice-chairperson.
The quorum for a meeting of the Council shall be a majority of its members.
The decision of a majority of the members of the Council present at a meeting of the Council shall, subject to subsection (2) and section 16 (3), be a decision of the Council and, in the event of an equality of votes on any matter, the person presiding at the meeting concerned shall have a casting vote in addition to his or her deliberative vote. [Date of commencement of s. 4: 21 January 2000.
The Council may appoint not less than three and not more than five of its members as an executive committee of the Council which shall, subject to the provisions of subsection (2) and the directions of the Council, be competent during the periods between meetings of the Council to perform or exercise all the powers and functions of the Council: Provided that the majority of the members of the executive committee shall be members of the Council other than those appointed in terms of section 3 (2) (b) (iii).
[Sub-s. (1) substituted by s. 24 of Act 66 of 2008.
to exercise the power referred to in section 15 (3) (a).
Any act performed or decision taken by the executive committee shall be valid in so far as it is not varied or set aside by the Council. [Date of commencement of s. 5: 21 January 2000.
such allowances for travelling and subsistence expenses incurred by a member of the Council, shall be paid to him or her in the performance of his or her functions as such a member, as may be determined by the Minister from time to time generally or in any particular case.
[Date of commencement of s. 6: 21 January 2000.
The Council may appoint such personnel as it may deem necessary for the efficient performance of its functions and management of its administration and may determine the remuneration and conditions of service of such personnel.
[Date of commencement of s. 7: 21 January 2000.
As from a date fixed by the Minister in the Gazette, no person, excluding an attorney or an employee of an attorney, shall act as a debt collector unless he or she is registered as a debt collector in terms of this Act and, in the case of a company or close corporation carrying on business as a debt collector, unless, in addition to the company or close corporation itself, every director of the company and member of the close corporation and every officer of such company or close corporation, not being himself or herself a director or member but who is concerned with debt collecting, as the case may be, is registered as a debt collector.
A notice under subsection (1) shall be published at least 180 days before the date referred to therein.
Any agreement concluded between a debt collector and his or her client or between a debt collector and his or her employee either before or after the date referred to in subsection (1) which is incompatible with the prohibition contained in that subsection shall be invalid to the extent of such incompatibility.
An application for registration as a debt collector shall be lodged with the Council on the prescribed form and shall be accompanied by the prescribed application fee.
A person who applies for registration as a debt collector in terms of subsection (1), shall furnish such additional particulars in respect of his or her application as may be determined by the Council.
If the Council is of the opinion that the provisions of this Act have been complied with in respect of an application referred to in subsection (1), it shall, subject to the provisions of section 10, grant the application and register the applicant as a debt collector.
[Sub-para. (ii) substituted by s. 11 of Act 22 of 2005.
in the case of a company or close corporation, if a director of the company or a member of the close corporation is in terms of paragraph (a) not competent to be registered as a debt collector.
Any person who is not competent to be registered as a debt collector on account of having been convicted of an offence referred to in subsection (1) (a) (i), may in the prescribed manner apply to the Minister to be exempted from the disqualification contemplated in that subsection on the grounds that the circumstances relating to the commission of that offence were of such a nature that the relevant conviction should not disqualify the applicant from exercising the occupation of debt collector.
such investigation to be conducted into the matter as he or she deems appropriate.
If the Minister is satisfied that the circumstances relating to the relevant offence is of such a nature that it is not likely to affect the suitability of the applicant to exercise the occupation of debt collector, the Minister may, after consultation with the Council, direct that the applicant shall not on account of the relevant conviction be disqualified from registering as a debt collector.
The Council shall issue to every person registered as a debt collector, a certificate of registration on the prescribed form.
[Para. (c) omitted by s. 12 of Act 22 of 2005.
be submitted to Parliament within 14 days after the end of each financial year.
a register of the names and prescribed particulars of every debt collector whose registration has been cancelled at the debt collector's request or whose registration has been withdrawn or disapproved by the Council, and the reasons therefor.
The register contemplated in subsection (1) (b) shall be updated every month by the Council.
The registers contemplated in subsection (1) (a) and (b) shall be available for inspection by the public at the prescribed places and times.
The Council shall, when it submits the register to Parliament as contemplated in subsection (2) (d) , publish a notice in the Gazette and in a national newspaper, setting out the prescribed places and particulars where the register is available for inspection by the public.
[S. 12 substituted by s. 12 of Act 22 of 2005.
Every person registered as a debt collector shall pay to the Council the prescribed fees.
If a debt collector fails to comply with the provisions of subsection (1), the Council may suspend his or her registration as a debt collector until the amount owed by him or her is received by the Council: Provided that if the relevant amount is not paid within three months of the date of suspension of the registration of the debt collector concerned, the Council may withdraw the registration.
Section 16 (2) and (3) shall, with the necessary changes, apply to the withdrawal of the registration of a debt collector under subsection (2).
The Council shall, subject to the approval of the Minister, adopt a code of conduct for debt collectors and shall publish such code in the Gazette.
The code of conduct, and any amendment thereof, shall be submitted to Parliament within 14 days after publication thereof in the Gazette.
The Council may, subject to the approval of the Minister, amend or repeal the code of conduct adopted by it: Provided that such code shall not be wholly repealed by it, unless it is simultaneously replaced by a new code of conduct for debt collectors so adopted and approved by the Minister and, provided further, that the Council shall publish any such amendment, repeal or replacement in the Gazette.
Gazette shall be binding on all debt collectors. [Date of commencement of s. 14: 29 November 2002.
The Council may in the prescribed manner investigate an allegation of improper conduct by a debt collector submitted to it in the prescribed manner or have it investigated in the prescribed manner by a committee of members of the Council or by a person or persons nominated by it: Provided that a debt collector whose conduct is being investigated shall be afforded the opportunity, either in person or through a legal representative, of refuting any allegations made against him or her.
Any penalty imposed on a debt collector in terms of subsection (3) (a) , (b) , (c) or (g) may be suspended, either wholly or partially, by the Council on such conditions as the Council deems appropriate.
The Council may in its discretion assign any of the powers conferred on it under this section, except a power referred to in subsection (3) (a) , to a committee nominated by it in terms of subsection (2), and may rescind or vary a decision of such a committee.
behaves or acts in any manner amounting to conduct, other than that mentioned in paragraphs (a) , (b) , (c) , (d) , (e) , (f) or (g) , which is improper in terms of a regulation.
combine any of the penalties under this subsection.
in the case of a debt collector who is a company or close corporation, if the registration of a director of the company or a member of the close corporation or an officer of the company or close corporation, not being himself or herself a director or member, as the case may be, is withdrawn in terms of paragraph (b).
The Council shall not withdraw the registration of a debt collector unless he or she, either in person or through a legal representative, has been given the opportunity to be heard.
The Council shall give written notice to a debt collector of the withdrawal of his or her registration.
record the name of such debt collector in the register contemplated in section 12 (1) (b).
[S. 16A inserted by s. 13 of Act 22 of 2005.
If there are grounds other than those mentioned in section 13 (2) or 16 justifying the withdrawal of the registration concerned, the Council or any person with a material interest in the matter may by way of application on notice of motion apply to a court for an order withdrawing the registration of a debt collector.
Any High Court within whose area of jurisdiction the debt collector concerned is resident, employed or carrying on business, shall have jurisdiction in respect of an application in terms of subsection (1).
Whenever the registration of a debt collector is withdrawn under section 13 (2), 16 or 17, the debt collector shall forthwith return to the Council the certificate of registration issued to him or her under section 11.
necessary expenses and fees prescribed by the Minister in the Gazette after consultation with the Council.
Upon request by a debtor and against payment of any prescribed fee, the clerk of a magistrate's court or a costs committee of a provincial law society may tax or assess any account or statement of costs, interest and payments claimed to be owed by a debtor to a debt collector or his or her client.
The provisions of subsection (2) shall not be construed as preventing the taxation or assessment of any further account or statement of costs reflecting further amounts which become payable by the debtor to the debt collector or his or her client and which arise from the same cause of debt as that from which amounts reflected in an already taxed or assessed account or statement of costs arose.
A debt collector shall deliver to a debtor, upon request and against payment of a prescribed fee, a settlement account containing a complete exposition of all debits and credits in connection with a specific collection: Provided that a debtor shall be entitled to request a settlement account free of charge once in every six months.
Every debt collector who practises for his or her or its own account, shall open and maintain a separate trust account at a bank as defined in the Banks Act, 1990 (Act 94 of 1990), and shall deposit therein as soon as is possible after receipt thereof the money received or held by him or her on behalf of any person.
The money deposited in terms of subsection (1) shall be paid within a reasonable or agreed time to the person on whose behalf the money is received or held: Provided that a settlement account, containing a complete exposition of all credits and debits reflected in the said account shall be delivered to that person at least once a month.
[Sub-s. (2) substituted by s. 14 (a) of Act 22 of 2005.
All interest, if any, on money deposited in terms of subsection (1) shall be paid, at the prescribed time and in the prescribed manner, to the Council. [Sub-s. (3) substituted by s. 14 (a) of Act 22 of 2005.
The Council may, in accordance with a tariff and procedure determined by the Council, reimburse the debt collector concerned for any bank charges or any portion thereof incurred by the debt collector in connection with the keeping of his or her trust account.
[Sub-s. (3A) inserted by s. 14 (b) of Act 22 of 2005.
A debt collector shall keep proper accounting records in respect of all money received, held or paid by him or her on behalf of or to any other person.
and (4) are complied with and, if during such an examination it is found that the debt collector has not complied with those provisions, the Council may update the accounting records of such debt collector and may recover the costs of the examination and, where applicable, such updating from that debt collector.
report to the Council thereon.
[Sub-s. (6) added by s. 14 (c) of Act 22 of 2005.
creditor of such debt collector. [Sub-s. (7) added by s. 14 (c) of Act 22 of 2005.
NB: A sub-s. (8) has been added by s. 14 (c) of the Judicial Matters Amendment Act 22 of 2005, a provision which will be put into operation by proclamation. See PENDLEX . Sub-s. (8) has subsequently been substituted and a sub-s. (9) has been added by s.
and (b) , respectively, of the Judicial Matters Amendment Act 66 of 2008, provisions which will be put into operation by proclamation. See PENDLEX.
The accounting records and annual financial statements of the Council shall be audited annually by a person appointed by the Council for such purpose.
No person shall be appointed under subsection (1) unless he or she is registered as an accountant and auditor in terms of the Public Accountants' and Auditors' Act, 1951 (Act 51 of 1951), and is engaged in public practice.
The financial year of the Council shall be a year terminating on the last day of February.
regarding generally, all matters which are reasonably necessary or expedient to be prescribed in order to achieve the objects of this Act.
regarding the training of debt collectors.
[NB: Sub-s. (2) has been substituted by s. 26 of the Judicial Matters Amendment Act 66 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
Any regulation made under subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine, or to imprisonment for a period not exceeding three months.
[Date of commencement of s. 23: 29 November 2002.
The Minister may on the conditions that he or she deems fit, delegate any or all of the powers conferred upon him or her by this Act, save a power to make regulations, to the Director-General or an officer of the Department of Justice designated by the Director-General.
No delegation of any power shall prevent the exercise of such power by the Minister.
fails to return a certificate of registration in terms of section 18, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years.
The Minister may, on the conditions that he or she deems fit, after consultation with the Minister of Trade and Industry and the Council, exempt any person or category of persons from the provisions of this Act.
27 Amends section 60 of the Magistrates' Courts Act 32 of 1944 by substituting subsection (1).
This Act shall be called the Debt Collectors Act, 1998, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
abandons his or her practice or ceases to practise, the Council must, where necessary, control and administer his or her trust account until the Master of the High Court having jurisdiction has, on application made by the Council or by a person having an interest in the trust account of that debt collector, appointed a curator bonis with such rights, duties and powers as the Master may deem fit to control and administer such account.
may, in the circumstances the Council deems fit, make an application to the Master of the High Court having jurisdiction to appoint a curator bonis with the rights, duties and powers as prescribed to control, administer and finalise that account.
is entitled to the fees as provided for in Schedule 2 of the regulations made in terms of section 103 of the Administration of Estates Act, 1965 (Act 66 of 1965).
regarding the powers and duties of the Master of the High Court when appointing a curator bonis in terms of section 20 (8).
<fn>GOV-ZA.1998115En.2012-02-10.en.txt</fn>
To amend the Attorneys Act, 1979, so as to limit liability of the Attorneys Fidelity Fund; to insert transitional provisions relating to liability of the Attorneys Fidelity Fund for investments; to extend the jurisdiction of the Attorneys Fidelity Fund to practitioners in the areas of the former Republics of Bophuthatswana and Venda; to further regulate the filling of a vacancy on the council of a society; and to empower the Law Society of the Transvaal to exercise certain powers in respect of practitioners practising in the areas of the former Republics of Bophuthatswana and Venda; to amend certain laws; to make fresh provision with regard to the Rules of the High Court in the areas of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei; and to provide for matters connected therewith.
1 Amends section 47 of the Attorneys Act 53 of 1979 , as follows: paragraph (a) adds subsection (1) (g) ; and paragraph (b) adds subsections (4), (5), (6), (7), (8), (9) and (10).
2 Inserts section 47A in the Attorneys Act 53 of 1979.
3 Substitutes section 55 of the Attorneys Act 53 of 1979.
4 Amends section 62 (2) of the Attorneys Act 53 of 1979 by adding paragraph (b) , the existing subsection becoming paragraph (a).
5 Inserts section 84A in the Attorneys Act 53 of 1979.
Any practising practitioner contemplated in section 55 (a) (ii) of the principal Act who, at the commencement of this Act, is not in possession of a fidelity fund certificate must, within 21 days after that date and subject to the rules of the Law Society of the Transvaal relating to the issue of a fidelity fund certificate, apply for such a certificate.
Rules of court made under any provision amended by this Act which were in force immediately before the commencement of this Act, shall, subject to the provisions of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), and notwithstanding the amendment of that provision by subsection (4), remain in force until repealed in terms of the Rules Board for Courts of Law Act, 1985. 7 Short title and commencement http://juta/nxt/gateway.
Amendment of section 43 by the deletion of subsections (1), (2) (a) and (3).
The rules which immediately prior to the commencement of this Act applied in respect of the High Court referred to in section 44 (3) shall, notwithstanding the provisions of section 74 (1), apply mutatis mutandis in respect of the High Court of Transkei and shall be deemed to have been duly made, approved and published in terms of this section.'.
'(1) Subject to any contrary provision existing in any other law, the Judge President may make rules regulating the conduct of proceedings in the High Court and prescribing matters which may be necessary to prescribe in order to ensure the proper dispatch and conduct of the business of that Court, and may amend, substitute or withdraw any rule so made.'.
Any rules made by the Judge President under subsection (1) shall be http://juta/nxt/gateway.
ATTORNEYS AND MATTERS RELATING TO RULES OF COURT AMENDME Page 3 of 4 made known by notice in the Gazette.
The rules which immediately prior to the commencement of this Constitution applied in respect of the High Court referred to in section 42 (3) shall, notwithstanding the provisions of section 75 (1), apply mutatis mutandis in respect of the High Court of Venda and shall be deemed to have been duly made, approved and published in terms of this section.'.
'(3) Any rules of court of force immediately prior to the commencement of this Act under any law repealed by section 28 (1) shall, subject to the provisions of this Act, and notwithstanding such repeal, remain of full force and effect until amended, substituted or repealed under this section or any other law.'.
Amendment of section 11 by the deletion of subsection (2).
<fn>GOV-ZA.1998116En.2012-02-10.en.txt</fn>
To provide for the issuing of protection orders with regard to domestic violence; and for matters connected therewith.
[NB: The definition of 'court' has been substituted by s. 10 (2) of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation. See PENDLEX.
if it is reasonably possible to do so, hand a notice containing information as prescribed to the complainant in the official language of the complainant's choice; and if it is reasonably possible to do so, explain to the complainant the content of such notice in the prescribed manner, including the remedies at his or her disposal in terms of this Act and the right to lodge a criminal complaint, if applicable.
A peace officer may without warrant arrest any respondent at the scene of an incident of domestic violence whom he or she reasonably suspects of having committed an offence containing an element of violence against a complainant.
Any complainant may in the prescribed manner apply to the court for a protection order.
of the relief available in terms of this Act; and of the right to also lodge a criminal complaint against the respondent, if a criminal offence has been committed by the respondent.
Notwithstanding the provisions of any other law, any minor, or any person on behalf of a minor, may apply to the court for a protection order without the assistance of a parent, guardian or any other person.
The application referred to in subsection (1) may be brought outside ordinary court hours or on a day which is not an ordinary court day, if the court is satisfied that the complainant may suffer undue hardship if the application is not dealt with immediately.
Supporting affidavits by persons who have knowledge of the matter concerned may accompany the application.
The application and affidavits must be lodged with the clerk of the court who shall forthwith submit the application and affidavits to the court.
a person whom the court is satisfied is unable to provide the required consent.
The court must as soon as is reasonably possible consider an application submitted to it in terms of section 4 (7) and may, for that purpose, consider such additional evidence as it deems fit, including oral evidence or evidence by affidavit, which shall form part of the record of the proceedings.
Where circumstances permit and where a Family Advocate is available, a court may, in the circumstances as may be prescribed in the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987), when considering an application contemplated in subsection (1), cause an investigation to be carried out by a Family Advocate, contemplated in the Mediation in Certain Divorce Matters Act, 1987, in whose area of jurisdiction that court is, with regard to the welfare of any minor or dependent child affected by the proceedings in question, whereupon the provisions of that Act apply with the changes required by the context.
[Sub-s. (1A) inserted by s. 19 of Act 55 of 2003.
the respondent is committing, or has committed an act of domestic violence; and undue hardship may be suffered by the complainant as a result of such domestic violence if a protection order is not issued immediately, the court must, notwithstanding the fact that the respondent has not been given notice of the proceedings contemplated in subsection (1), issue an interim protection order against the respondent, in the prescribed manner.
An interim protection order must be served on the respondent in the prescribed manner and must call upon the respondent to show cause on the return date specified in the order why a protection order should not be issued.
A copy of the application referred to in section 4 (1) and the record of any evidence noted in terms of subsection (1) must be served on the respondent together with the interim protection order.
If the court does not issue an interim protection order in terms of subsection (2), the court must direct the clerk of the court to cause certified copies of the application concerned and any supporting affidavits to be served on the respondent in the prescribed manner, together with a prescribed notice calling on the respondent to show cause on the return date specified in the notice why a protection order should not be issued.
The return dates referred to in subsections (3) (a) and (4) may not be less than 10 days after service has been effected upon the respondent: Provided that the return date referred to in subsection (3) (a) may be anticipated by the respondent upon not less than 24 hours' written notice to the complainant and the court.
An interim protection order shall have no force and effect until it has been served on the respondent.
the original warrant of arrest contemplated in section 8 (1) (a) , to be served on the complainant.
the application contains prima facie evidence that the respondent has committed or is committing an act of domestic violence, the court must issue a protection order in the prescribed form.
If the respondent appears on the return date in order to oppose the issuing of a protection order, the court must proceed to hear the matter and consider any evidence previously received in terms of section 5 (1); and consider such further affidavits or oral evidence as it may direct, which shall form part of the record of the proceedings.
is not entitled to cross-examine directly a person who is in a domestic relationship with the respondent; and shall put any question to such a witness by stating the question to the court, and the court is to repeat the question accurately to the respondent.
The court must, after a hearing as contemplated in subsection (2), issue a protection order in the prescribed form if it finds, on a balance of probabilities, that the respondent has committed or is committing an act of domestic violence.
to the police station of the complainant's choice.
Subject to the provisions of section 7 (7), a protection order issued in terms of this section remains in force until it is set aside, and the execution of such order shall not be automatically suspended upon the noting of an appeal.
a certified copy of such order, and the original warrant of arrest contemplated in section 8 (1) (a) , to be served on the complainant.
preventing the complainant who ordinarily lives or lived in a shared residence as contemplated in subparagraph (c) from entering or remaining in the shared residence or a specified part of the shared residence; or committing any other act as specified in the protection order.
The court may impose any additional conditions which it deems reasonably necessary to protect and provide for the safety, health or wellbeing of the complainant, including an order to seize any arm or dangerous weapon in the possession or under the control of the respondent, as contemplated in section 9; and that a peace officer must accompany the complainant to a specified place to assist with arrangements regarding the collection of personal property.
In ordering a prohibition contemplated in subsection 1 (c) , the court may impose on the respondent obligations as to the discharge of rent or mortgage payments having regard to the financial needs and resources of the complainant and the respondent.
The court may order the respondent to pay emergency monetary relief having regard to the financial needs and resources of the complainant and the respondent, and such order has the effect of a civil judgment of a magistrate's court.
The physical address of the complainant must be omitted from the protection order, unless the nature of the terms of the order necessitates the inclusion of such address.
The court may issue any directions to ensure that the complainant's physical address is not disclosed in any manner which may endanger the safety, health or wellbeing of the complainant.
order contact with such child on such conditions as it may consider appropriate.
merely on the grounds that other legal remedies are available to the complainant.
If the court is of the opinion that any provision of a protection order deals with a matter that should, in the interests of justice, be dealt with further in terms of any other relevant law, including the Maintenance Act, 1998, the court must order that such a provision shall be in force for such limited period as the court determines, in order to afford the party concerned the opportunity to seek appropriate relief in terms of such law.
authorising the issue of a warrant for the arrest of the respondent, in the prescribed form; and suspending the execution of such warrant subject to compliance with any prohibition, condition, obligation or order imposed in terms of section 7.
The warrant referred to in subsection (1) (a) remains in force unless the protection order is set aside, or it is cancelled after execution.
executed and cancelled; or lost or destroyed.
(a) A complainant may hand the warrant of arrest together with an affidavit in the prescribed form, wherein it is stated that the respondent has contravened any prohibition, condition, obligation or order contained in a protection order, to any member of the South African Police Service.
If it appears to the member concerned that, subject to subsection (5), there are reasonable grounds to suspect that the complainant may suffer imminent harm as a result of the alleged breach of the protection order by the respondent, the member must forthwith arrest the respondent for allegedly committing the offence referred to in section 17 (a).
The member must forthwith forward a duplicate original of a notice referred to in paragraph (c) to the clerk of the court concerned, and the mere production in the court of such a duplicate original shall be prima facie proof that the original thereof was handed to the respondent specified therein.
the seriousness of the conduct comprising an alleged breach of the protection order; and the length of time since the alleged breach occurred.
Whenever a warrant of arrest is handed to a member of the South African Police Service in terms of subsection (4) (a) , the member must inform the complainant of his or her right to simultaneously lay a criminal charge against the respondent, if applicable, and explain to the complainant how to lay such a charge.
contains a certificate signed by the member concerned to the effect that he or she handed the original notice to the respondent and that he or she explained the import thereof to the respondent.
use of or dependence on intoxicating liquor or drugs.
Any arm seized in terms of subsection (1) must be handed over to the holder of an office in the South African Police Service as contemplated in section 11 (2) (b) of the Arms and Ammunition Act, 1969 (Act 75 of 1969), and the court must direct the clerk of the court to refer a copy of the record of the evidence concerned to the National Commissioner of the South African Police Service for consideration in terms of section 11 of the Arms and Ammunition Act, 1969.
if the court is satisfied that it is in the interest of the safety of any person concerned, the court may order that the dangerous weapon be forfeited to the State.
A complainant or a respondent may, upon written notice to the other party and the court concerned, apply for the variation or setting aside of a protection order referred to in section 6 in the prescribed manner.
If the court is satisfied that good cause has been shown for the variation or setting aside of the protection order, it may issue an order to this effect: Provided that the court shall not grant such an application to the complainant unless it is satisfied that the application is made freely and voluntarily.
The clerk of the court must forward a notice as prescribed to the complainant and the respondent if the protection order is varied or set aside as contemplated in subsection (1).
Provided that the court may, if it is satisfied that it is in the interests of justice, exclude any person from attending any part of the proceedings.
Nothing in this subsection limits any other power of the court to hear proceedings in camera or to exclude any person from attending such proceedings.
No person shall publish in any manner any information which might, directly or indirectly, reveal the identity of any party to the proceedings.
The court, if it is satisfied that it is in the interests of justice, may direct that any further information relating to proceedings held in terms of this Act shall not be published: Provided that no direction in terms of this subsection applies in respect of the publication of a bona fide law report which does not mention the names or reveal the identities of the parties to the proceedings or of any witness at such proceedings.
the respondent resides, carries on business or is employed; or the cause of action arose, has jurisdiction to grant a protection order as contemplated in this Act.
No specific minimum period is required in relation to subsection (1) (a).
A protection order is enforceable throughout the Republic.
Service of any document in terms of this Act must forthwith be effected in the prescribed manner by the clerk of the court, the sheriff or a peace officer, or as the court may direct.
The regulations contemplated in section 19 must make provision for financial assistance by the State to a complainant or a respondent who does not have the means to pay the fees of any service in terms of this Act.
Any party to proceedings in terms of this Act may be represented by a legal representative.
The court may only make an order as to costs against any party if it is satisfied that such party has acted frivolously, vexatiously or unreasonably.
The provisions in respect of appeal and review contemplated in the Magistrates' Courts Act, 1944 (Act 32 of 1944), and the Supreme Court Act, 1959 (Act 59 of 1959), apply to any proceedings in terms of this Act.
fails to comply with any direction in terms of the provisions of section 11 (2) (b) ; or in an affidavit referred to section 8 (4) (a) , wilfully makes a false statement in a material respect, is guilty of an offence and liable on conviction in the case of an offence referred to in paragraph (a) to a fine or imprisonment for a period not exceeding five years or to both such fine and such imprisonment, and in the case of an offence contemplated in paragraph (b) , (c) , or (d) , to a fine or imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
No prosecutor shall refuse to institute a prosecution; or withdraw a charge, in respect of a contravention of section 17 (a) , unless he or she has been authorised thereto, whether in general or in any specific case, by a Director of Public Prosecutions as contemplated in section 13 (1) (a) of the National Prosecuting Authority Act, 1998 (Act 32 of 1998), or a senior member of the prosecuting authority designated thereto in writing by such a Director.
The National Director of Public Prosecutions referred to in section 10 of the National Prosecuting Authority Act, 1998, in consultation with the Minister of Justice and after consultation with the Directors of Public Prosecutions, must determine prosecution policy and issue policy directives regarding any offence arising from an incident of domestic violence.
The National Commissioner of the South African Police Service must issue national instructions as contemplated in section 25 of the South African Police Service Act, 1995 (Act 68 of 1995), with which its members must comply in the execution of their functions in terms of this Act, and any instructions so issued must be published in the Gazette.
Failure by a member of the South African Police Service to comply with an obligation imposed in terms of this Act or the national instructions referred to in subsection (3), constitutes misconduct as contemplated in the South African Police Service Act, 1995, and the Independent Complaints Directorate, established in terms of that Act, must forthwith be informed of any such failure reported to the South African Police Service.
Unless the Independent Complaints Directorate directs otherwise in any specific case, the South African Police Service must institute disciplinary proceedings against any member who allegedly failed to comply with an obligation referred to in paragraph (a).
The National Director of Public Prosecutions must submit any prosecution policy and policy directives determined or issued in terms of subsection (2) to Parliament, and the first policy and directives so determined or issued, must be submitted to Parliament within six months of the commencement of this Act.
The National Commissioner of the South African Police Service must submit any national instructions issued in terms of subsection (3) to Parliament, and the first instructions so issued, must be submitted to Parliament within six months of the commencement of this Act.
The Independent Complaints Directorate must, every six months, submit a report to Parliament regarding the number and particulars of matters reported to it in terms of subsection (4) (a) , and setting out the recommendations made in respect of such matters.
steps taken as a result of recommendations made by the Independent Complaints Directorate.
any matter required to be prescribed in terms of this Act; and any other matter which the Minister deems necessary or expedient to be prescribed in order to achieve the objects of this Act.
which may result in expenditure for the State, must be made in consultation with the Minister of Finance; and may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding one year.
20 Amends section 40 (1) of the Criminal Procedure Act 51 of 1977 by adding paragraph (q).
Sections 1, 2, 3, 6 and 7 of the Prevention of Family Violence Act, 1993 (Act 133 of 1993), are hereby repealed.
Any application made, proceedings instituted or interdict granted in terms of the Act referred to in subsection (1) shall be deemed to have been made, instituted or granted in terms of this Act.
This Act shall be called the Domestic Violence Act, 1998, and comes into operation on a date fixed by the President by proclamation in the Gazette.
'court' means any magistrate's court for a district contemplated in the Magistrates' Courts Act, 1944 (Act 32 of 1944).
<fn>GOV-ZA.1998120En.2012-02-10.en.txt</fn>
To make provision for the recognition of customary marriages; to specify the requirements for a valid customary marriage; to regulate the registration of customary marriages; to provide for the equal status and capacity of spouses in customary marriages; to regulate the proprietary consequences of customary marriages and the capacity of spouses of such marriages; to regulate the dissolution of customary marriages; to provide for the making of regulations; to repeal certain provisions of certain laws; and to provide for matters connected therewith.
[Definition of 'court' substituted by s. 19 of Act 42 of 2001.
'traditional leader' means any person who in terms of customary law or any other law holds a position in a traditional ruling hierarchy.
A marriage which is a valid marriage at customary law and existing at the commencement of this Act is for all purposes recognised as a marriage.
A customary marriage entered into after the commencement of this Act, which complies with the requirements of this Act, is for all purposes recognised as a marriage.
If a person is a spouse in more than one customary marriage, all valid customary marriages entered into before the commencement of this Act are for all purposes recognised as marriages.
If a person is a spouse in more than one customary marriage, all such marriages entered into after the commencement of this Act, which comply with the provisions of this Act, are for all purposes recognised as marriages.
the marriage must be negotiated and entered into or celebrated in accordance with customary law.
Save as provided in section 10 (1), no spouse in a customary marriage shall be competent to enter into a marriage under the Marriage Act, 1961 (Act 25 of 1961), during the subsistence of such customary marriage.
If either of the prospective spouses is a minor, both his or her parents, or if he or she has no parents, his or her legal guardian, must consent to the marriage.
If the consent of the parent or legal guardian cannot be obtained, section 25 of the Marriage Act, 1961, applies.
Despite subsection (1) (a) (i), the Minister or any officer in the public service authorised in writing thereto by him or her, may grant written permission to a person under the age of 18 years to enter into a customary marriage if the Minister or the said officer considers such marriage desirable and in the interests of the parties in question.
Such permission shall not relieve the parties to the proposed marriage from the obligation to comply with all the other requirements prescribed by law.
If a person under the age of 18 years has entered into a customary marriage without the written permission of the Minister or the relevant officer, the Minister or the officer may, if he or she considers the marriage to be desirable and in the interests of the parties in question, and if the marriage was in every other respect in accordance with this Act, declare the marriage in writing to be a valid customary marriage.
Subject to subsection (4), section 24A of the Marriage Act, 1961, applies to the customary marriage of a minor entered into without the consent of a parent, guardian, commissioner of child welfare or a judge, as the case may be.
The prohibition of a customary marriage between persons on account of their relationship by blood or affinity is determined by customary law.
The spouses of a customary marriage have a duty to ensure that their marriage is registered.
Either spouse may apply to the registering officer in the prescribed form for the registration of his or her customary marriage and must furnish the registering officer with the prescribed information and any additional information which the registering officer may require in order to satisfy himself or herself as to the existence of the marriage.
A registering officer must, if satisfied that the spouses concluded a valid customary marriage, register the marriage by recording the identity of the spouses, the date of the marriage, any lobolo agreed to and any other particulars prescribed.
The registering officer must issue to the spouses a certificate of registration, bearing the prescribed particulars.
If for any reason a customary marriage is not registered, any person who satisfies a registering officer that he or she has a sufficient interest in the matter may apply to the registering officer in the prescribed manner to enquire into the existence of the marriage.
If the registering officer is satisfied that a valid customary marriage exists or existed between the spouses, he or she must register the marriage and issue a certificate of registration as contemplated in subsection (4).
If a registering officer is not satisfied that a valid customary marriage was entered into by the spouses, he or she must refuse to register the marriage.
the cancellation or rectification of any registration of a customary marriage effected by a registering officer.
entered into after the commencement of this Act, must be registered within a period of three months after the conclusion of the marriage or within such longer period * as the Minister may from time to time prescribe by notice in the Gazette.
A certificate of registration of a customary marriage issued under this section or any other law providing for the registration of customary marriages constitutes prima facie proof of the existence of the customary marriage and of the particulars contained in the certificate.
Failure to register a customary marriage does not affect the validity of that marriage.
A registering officer may, in respect of a person who allegedly is a minor, accept a birth certificate, an identity document, a sworn statement of a parent or relative of the minor or such other evidence as the registering officer deems appropriate as proof of that person's age.
If the age of a person who allegedly is a minor is uncertain or is in dispute, and that person's age is relevant for purposes of this Act, the registering officer may in the prescribed manner submit the matter to a magistrate's court established in terms of the Magistrates' Court Act, 1944 (Act 32 of 1944), which must determine the person's age and issue the prescribed certificate in regard thereto, which constitutes proof of the person's age.
A wife in a customary marriage has, on the basis of equality with her husband and subject to the matrimonial property system governing the marriage, full status and capacity, including the capacity to acquire assets and to dispose of them, to enter into contracts and to litigate, in addition to any rights and powers that she might have at customary law.
The proprietary consequences of a customary marriage entered into before the commencement of this Act continue to be governed by customary law.
A customary marriage entered into after the commencement of this Act in which a spouse is not a partner in any other existing customary marriage, is a marriage in community of property and of profit and loss between the spouses, unless such consequences are specifically excluded by the spouses in an antenuptial contract which regulates the matrimonial property system of their marriage.
Chapter III and sections 18, 19, 20 and 24 of Chapter IV of the Matrimonial Property Act, 1984 (Act 88 of 1984), apply in respect of any customary marriage which is in community of property as contemplated in subsection (2).
no other person will be prejudiced by the proposed change, order that the matrimonial property system applicable to such marriage or marriages will no longer apply and authorise the parties to such marriage or marriages to enter into a written contract in terms of which the future matrimonial property system of their marriage or marriages will be regulated on conditions determined by the court.
In the case of a husband who is a spouse in more than one customary marriage, all persons having a sufficient interest in the matter, and in particular the applicant's existing spouse or spouses, must be joined in the proceedings.
Section 21 of the Matrimonial Property Act, 1984 (Act 88 of 1984) is applicable to a customary marriage entered into after the commencement of this Act in which the husband does not have more than one spouse.
A husband in a customary marriage who wishes to enter into a further customary marriage with another woman after the commencement of this Act must make an application to the court to approve a written contract which will regulate the future matrimonial property system of his marriages.
refuse the application if in its opinion the interests of any of the parties involved would not be sufficiently safeguarded by means of the proposed contract.
If a court grants an application contemplated in subsection (4) or (6), the registrar or clerk of the court, as the case may be, must furnish each spouse with an order of the court including a certified copy of such contract and must cause such order and a certified copy of such contract to be sent to each registrar of deeds of the area in which the court is situated.
A customary marriage may only be dissolved by a court by a decree of divorce on the ground of the irretrievable breakdown of the marriage.
The Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987) and section 6 of the Divorce Act, 1979 (Act 70 of 1979), apply to the dissolution of a customary marriage.
may, when making an order for the payment of maintenance, take into account any provision or arrangement made in accordance with customary law.
Nothing in this section may be construed as limiting the role, recognised in customary law, of any person, including any traditional leader, in the mediation, in accordance with customary law, of any dispute or matter arising prior to the dissolution of a customary marriage by a court.
Despite the rules of customary law, the age of majority of any person is determined in accordance with the Age of Majority Act, 1972 (*Act 57 of 1972).
A man and a woman between whom a customary marriage subsists are competent to contract a marriage with each other under the Marriage Act, 1961 (Act 25 of 1961), if neither of them is a spouse in a subsisting customary marriage with any other person.
When a marriage is concluded as contemplated in subsection (1) the marriage is in community of property and of profit and loss unless such consequences are specifically excluded in an antenuptial contract which regulates the matrimonial property system of their marriage.
Chapter III and sections 18, 19, 20 and 24 of Chapter IV of the Matrimonial Property Act, 1984 (Act 88 of 1984), apply in respect of any marriage which is in community of property as contemplated in subsection (2).
Despite subsection (1), no spouse of a marriage entered into under the Marriage Act, 1961, is, during the subsistence of such marriage, competent to enter into any other marriage.
prescribing the fees payable in respect of the registration of a customary marriage and the issuing of any certificate in respect thereof.
Any regulation made under subsection (1) must, before publication thereof in the Gazette, be submitted to Parliament.
Any regulation made under subsection (1) which may result in financial expenditure for the State or regulations made under subsection (1) (b) must be made in consultation with the Minister of Finance.
Any regulation made under subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding one year.
' (b) where the marriage concerned is governed by the law in force in the Republic or any part thereof, state whether the marriage was contracted in or out of community of property or whether the matrimonial property system is governed by customary law in terms of the Recognition of Customary Marriages Act, 1998;'.
' (b) forms or formed an asset in a joint estate and a court has made an order, or has made an order and given an authorization under section 20 or 21 (1) of the Matrimonial Property Act, 1984 (Act 88 of 1984), or under section 7 of the Recognition of Customary Marriages Act, 1998, as the case may be, in terms of which the property, lease or bond is awarded to both spouses in undivided shares,'.
This Act is called the Recognition of Customary Marriages Act, 1998, and comes into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.1998121En.2012-02-10.en.txt</fn>
To introduce measures to combat organised crime, money laundering and criminal gang activities; to prohibit certain activities relating to racketeering activities; to provide for the prohibition of money laundering and for an obligation to report certain information; to criminalise certain activities associated with gangs; to provide for the recovery of the proceeds of unlawful activity; for the civil forfeiture of criminal property that has been used to commit an offence, property that is the proceeds of unlawful activity or property that is owned or controlled by, or on behalf of, an entity involved in terrorist and related activities; to provide for the establishment of a Criminal Assets Recovery Account; to amend the Drugs and Drug Trafficking Act, 1992; to amend the International Co-operation in Criminal Matters Act, 1996; to repeal the Proceeds of Crime Act, 1996; to incorporate the provisions contained in the Proceeds of Crime Act, 1996; and to provide for matters connected therewith.
[Long title substituted by s. 27 (1) of Act 33 of 2004.
[Preamble amended by s. 13 of Act 38 of 1999 and by s. 27 (1) of Act 33 of 2004.
[S. 7 repealed by s. 79 of Act 38 of 2001.
[S. 7A inserted by s. 10 of Act 24 of 1999 and substituted by s. 79 of Act 38 of 2001.
[S. 24A inserted by s. 14 of Act 38 of 1999.
[S. 29A inserted by s. 14 of Act 38 of 1999.
[S. 51 substituted by s. 27 (1) of Act 33 of 2004.
[S. 69A inserted by s. 37 of Act 24 of 1999.
Schedule 1 [Schedule 1 substituted by s. 68 of Act 32 of 2007.
[Schedule 2 substituted by s. 2 (d) of Act 24 of 1999.
[Schedule 3 substituted by s. 2 (d) of Act 24 of 1999.
'Committee' means the Criminal Assets Recovery Committee established in terms of section 65; [Definition of 'Committee' substituted by s. 3 (a) of Act 24 of 1999.
'entity' has a corresponding meaning with the expression in section 1 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004; [Definition of 'entity' inserted by s. 27 (1) of Act 33 of 2004.
'instrumentality of an offence' means any property which is concerned in the commission or suspected commission of an offence at any time before or after the commencement of this Act, whether committed within the Republic or elsewhere; [Definition of 'instrumentality of an offence', previously definition of 'Ainstrumentality of an offence', substituted by s. 3 (b) of Act 24 of 1999 and by s. 1 (a) of Act 38 of 1999.
'proceeds of unlawful activities' means any property or any service advantage, benefit or reward which was derived, received or retained, directly or indirectly, in the Republic or elsewhere, at any time before or after the commencement of this Act, in connection with or as a result of any unlawful activity carried on by any person, and includes any property representing property so derived; [Definition of 'proceeds of unlawful activities' amended by s. 3 (c) of Act 24 of 1999 and substituted by s. 1 (b) of Act 38 of 1999.
has provided financial or economic support to an entity in the commission or facilitation of an offence referred to in paragraph (a) ; Definition of 'property associated with terrorist and related activities' inserted by s.
of Act 33 of 2004.
'unlawful activity' means conduct which constitutes a crime or which contravenes any law whether such conduct occurred before or after the commencement of this Act and whether such conduct occurred in the Republic or elsewhere.
[Definition of 'unlawful activity' inserted by s. 1 (c) of Act 38 of 1999.
he or she fails to obtain information to confirm the existence of that fact.
the general knowledge, skill, training and experience that he or she in fact has.
[Sub-s. (3) amended by s. 3 (d) of Act 24 of 1999.
Nothing in Chapters 2, 3 and 4 shall be construed to limit prosecution under any other provision of the law.
any proceeds of unlawful activities were derived, received or retained, before the commencement of this Act.
[Sub-s. (5) added by s. 1 (d) of Act 38 of 1999.
[Sub-para. (i) substituted by s. 4 (a) of Act 24 of 1999.
[Sub-para. (ii) substituted by s. 4 (a) of Act 24 of 1999.
[Sub-para. (ii) substituted by s. 4 (b) of Act 24 of 1999.
[Sub-para. (ii) substituted by s. 4 (c) of Act 24 of 1999.
(b) , (c) , (d) , (e) or (f) , within the Republic or elsewhere, shall be guilty of an offence.
The court may hear evidence, including evidence with regard to hearsay, similar facts or previous convictions, relating to offences contemplated in subsection (1), notwithstanding that such evidence might otherwise be inadmissible, provided that such evidence would not render a trial unfair.
For purposes of proving a previous conviction during a trial in respect of an offence contemplated in subsection (1), it shall be sufficient to prove the original record of judicial proceedings if a copy of such record, certified or purporting to be certified by the registrar or clerk of the court or other official having the custody of the record of such judicial proceedings or by the deputy of such registrar, clerk or other official or, in the case where judicial proceedings are taken down in shorthand or by mechanical means, by the person who transcribed such proceedings, as a true copy of such record, is produced in evidence at such trial, and such copy shall be prima facie proof that any matter purporting to be recorded thereon was correctly recorded.
A person shall only be charged with committing an offence contemplated in subsection (1) if a prosecution is authorised in writing by the National Director.
Any person convicted of an offence referred to in section 2 (1) shall be liable to a fine not exceeding R1 000 million, or to imprisonment for a period up to imprisonment for life.
[Sub-para. (ii) deleted by s. 8 (a) of Act 38 of 2007.
[Sub-s. (3) deleted by s. 8 (b) of Act 38 of 2007.
[Para. (i) substituted by s. 6 (b) of Act 24 of 1999.
to remove or diminish any property acquired directly, or indirectly, as a result of the commission of an offence, shall be guilty of an offence.
the said proceeds of unlawful activities are used to make funds available to the said other person or to acquire property on his or her behalf or to benefit him or her in any other way, shall be guilty of an offence.
[S. 5 amended by s. 7 of Act 24 of 1999.
has possession of, property and who knows or ought reasonably to have known that it is or forms part of the proceeds of unlawful activities of another person, shall be guilty of an offence.
[S. 6 substituted by s. 8 of Act 24 of 1999.
[S. 7 amended by s. 9 of Act 24 of 1999 and repealed by s. 79 of Act 38 of 2001.
If a person is charged with committing an offence under section 2 (1) (a) or (b) , 4, 5 or 6, that person may raise as a defence the fact that he or she had reported a knowledge or suspicion in terms of section 29 of the Financial Intelligence Centre Act, 2001.
those rules were not applicable to that person.
Any person convicted of an offence contemplated in section 4, 5 or 6 shall be liable to a fine not exceeding R100 million, or to imprisonment for a period not exceeding 30 years.
[Sub-s. (2) deleted by s. 79 of Act 38 of 2001.
threatens any specific person or persons in general, with retaliation in any manner or by any means whatsoever, in response to any act or alleged act of violence, shall be guilty of an offence.
intentionally causes, encourages, recruits, incites, instigates, commands, aids or advises another person to join a criminal gang, shall be guilty of an offence. [Sub-s. (2) amended by s. 11 of Act 24 of 1999.
section 9 (2) (b) or (c) , and if the offence was committed under circumstances referred to in subsection (2) shall be liable to a fine or to imprisonment for a period not exceeding five years.
If the offence contemplated in section 9 is committed on the premises or grounds of, or within 500 metres of a public or private school, or any other educational institution, during hours in which the facility is open for classes or school related programmes or when minors are using the facility, such fact shall be regarded as an aggravating circumstance.
[Sub-s. (2) substituted by s. 12 of Act 24 of 1999.
If a court, after having convicted an accused of any offence, other than an offence contemplated in this Chapter, finds that the accused was a member of a criminal gang at the time of the commission of the offence, such finding shall be regarded as an aggravating circumstance for sentencing purposes.
[Sub-s. (3) substituted by s. 12 of Act 24 of 1999.
[Para. (d) amended by s. 13 (b) of Act 24 of 1999.
is identified as a member of a criminal gang by physical evidence such as photographs or other documentation.
[Sub-para. (i) substituted by s. 2 of Act 38 of 1999.
to anything received in connection with an offence shall be construed as a reference also to anything received both in that connection and in some other connection.
For the purposes of this Chapter, a person has benefited from unlawful activities if he or she has at any time, whether before or after the commencement of this Act, received or retained any proceeds of unlawful activities.
[Sub-s. (3) substituted by s. 14 (d) of Act 24 of 1999.
For the purposes of this Chapter proceedings on application for a confiscation order or a restraint order are civil proceedings, and are not criminal proceedings.
The rules of evidence applicable in civil proceedings apply to proceedings on application for a confiscation order or a restraint order.
No rule of evidence applicable only in criminal proceedings shall apply to proceedings on application for a confiscation order or restraint order.
No rule of construction applicable only in criminal proceedings shall apply to proceedings on application for a confiscation order or restraint order.
Any question of fact to be decided by a court in any proceedings in respect of an application contemplated in this Chapter shall be decided on a balance of probabilities.
Property shall not be realisable property if a declaration of forfeiture is in force in respect thereof.
any property held by a person to whom that defendant has directly or indirectly made any affected gift.
where no other person holds an interest in the property, the market value of the property.
where subsection (3) applies, the value mentioned in that subsection, whichever is the greater value.
property which directly or indirectly represents in his or her hands the property which he or she received, the value concerned shall be the value of the property, in so far as it represents the property which he or she received, at the relevant time.
[Sub-s. (3) substituted by s. 15 of Act 24 of 1999.
For the purposes of this Chapter, a defendant shall be deemed to have made a gift if he or she has transferred any property to any other person directly or indirectly for a consideration the value of which is significantly less than the value of the consideration supplied by the defendant.
For the purposes of section 20 (2) the gift which a defendant is deemed to have made shall consist of that share in the property transferred by the defendant which is equal to the difference between the value of that property as a whole and the consideration received by the defendant in return.
the defendant satisfies the confiscation order made against him or her.
any criminal activity which the court finds to be sufficiently related to those offences, and, if the court finds that the defendant has so benefited, the court may, in addition to any punishment which it may impose in respect of the offence, make an order against the defendant for the payment to the State of any amount it considers appropriate and the court may make any further orders as it may deem fit to ensure the effectiveness and fairness of that order.
if the court is satisfied that the amount which might be realised as contemplated in section 20 (1) is less than the value referred to in paragraph (a) , shall, not exceed an amount which in the opinion of the court might be so realised.
the public prosecutor applies to the court to first sentence the defendant and the court is satisfied that it is reasonable and justifiable to do so in the circumstances.
If the judicial officer who convicted the defendant is absent or for any other reason not available, any judicial officer of the same court may consider an application referred to in subsection (1) and hold an enquiry referred to in that subsection and he or she may in such proceedings take such steps as the judicial officer who is absent or not available could lawfully have taken.
No application referred to in subsection (1) shall be made without the written authority of the National Director.
subject to subsection (1) (b) or (3) (b) of section 21, adjourn such proceedings to any day on such conditions not inconsistent with a provision of the Criminal Procedure Act, 1977 (Act 51 of 1977), as the court may deem fit.
Subject to the provisions of subsection (2), the value of a defendant's proceeds of unlawful activities shall be the sum of the values of the property, services, advantages, benefits or rewards received, retained or derived by him or her at any time, whether before or after the commencement of this Act, in connection with the unlawful activity carried on by him or her or any other person.
[Sub-s. (1) substituted by s. 16 (a) of Act 24 of 1999.
where a confiscation order has previously been made against the defendant leave out of account those proceeds of unlawful activities which are proved to the satisfaction of the court to have been taken into account in determining the amount to be recovered under that confiscation order.
less the sum of all obligations, if any, of the defendant having priority and which the court may recognise for this purpose. [Sub-s. (1) amended by s. 17 (a) of Act 24 of 1999.
the property which directly or indirectly represents in his or her hands the property which he or she received, the value concerned shall be the value of the property, in so far as it represents the property which he or she received, at the time.
where the defendant is a company or other juristic person, if such company or juristic person is at that time being wound up, would be payable in pursuance of any secured or preferent claim against the insolvent estate or against such company or juristic person, as the case may be.
A court shall not determine the amounts which might be realised as contemplated in subsection (1) unless it has afforded all persons holding any interest in the property concerned an opportunity to make representations to it in connection with the realisation of that property.
The public prosecutor may or, if so directed by the court, shall tender to the court a statement in writing under oath or affirmation by him or her or any other person in connection with any matter which is being enquired into by the court under section 18 (1), or which relates to the determination of the value of a defendant's proceeds of unlawful activities.
A copy of such statement shall be served on the defendant at least 14 days before the date on which that statement is to be tendered to the court.
The defendant may dispute the correctness of any allegation contained in a statement referred to in subsection (1) (a) , and if the defendant does so dispute the correctness of any such allegation, he or she shall state the grounds on which he or she relies.
In so far as the defendant does not dispute the correctness of any allegation contained in such statement, that allegation shall be deemed to be conclusive proof of the matter to which it relates.
A defendant may or, if so directed by the court, shall tender to the court a statement in writing under oath or affirmation by him or her or by any other person in connection with any matter which relates to the determination of the amount which might be realised as contemplated in section 20 (1).
A copy of such statement shall be served on the public prosecutor at least 14 days before the date on which that statement is to be tendered to the court.
The public prosecutor may admit the correctness of any allegation contained in a statement referred to in subsection (3) (a).
In so far as the public prosecutor admits the correctness of any allegation contained in such statement, that allegation shall be deemed to be conclusive proof of the matter to which it relates.
For the purposes of determining whether a defendant has derived a benefit in an enquiry under section 18 (1), if it is found that the defendant did not at the fixed date, or since the beginning of a period of seven years before the fixed date, have legitimate sources of income sufficient to justify the interests in any property that the defendant holds, the court shall accept this fact as prima facie evidence that such interests form part of such a benefit.
is held by the defendant as an advantage, payment, service or reward in connection with the offences or related criminal activities referred to in section 18 (1).
if the court finds that he or she has benefited from an offence and that expenditure had been incurred by him or her since the beginning of the period contemplated in paragraph (a) , the court shall accept these facts as prima facie evidence that any such expenditure was met out of the advantages, payments, services or rewards, including any property received by him or her in connection with the offences or related criminal activities referred to in section 18 (1) committed by him or her.
[Sub-s. (3) substituted by s. 18 (c) of Act 24 of 1999.
For the purpose of determining the value of any property in an enquiry under section 18 (1), if the court finds that the defendant received property at any time as an advantage, payment, service or reward in connection with the offences or related criminal activities referred to in that subsection committed by him or her or by any other person the court shall accept this fact as prima facie evidence that he or she received that property free of any other interest therein.
by a regional court shall have the effect of a civil judgment of the magistrate's court of the district in which the relevant trial took place.
the presiding judge may direct the registrar of that court to forward a certified copy of the confiscation order to the clerk of the magistrate's court designated by the presiding judge or, if no such court is designated, to the clerk of the magistrate's court within the area of jurisdiction of which the offence concerned was committed, and, on receipt of the said copy of the confiscation order the clerk of the magistrate's court concerned shall register the confiscation order whereupon it shall have the effect of a civil judgment of that magistrate's court.
there are reasonable grounds to believe that a confiscation order would have been made against him or her were it not for his or her continued absence, the court may, on the application by the National Director, enquire into any benefit the person may have derived from that offence.
Whenever a defendant who has been convicted of an offence dies before a confiscation order is made, the court may, on the application by the National Director, enquire into any benefit the person may have derived from that offence if the court is satisfied that there are reasonable grounds to believe that a confiscation order would have been made against him or her were it not for his or her death.
The executor of the estate of the deceased shall be entitled to appear before the court and make representations for purposes of the enquiry referred to in paragraph (a).
[Para. (a) substituted by s. 19 (a) of Act 24 of 1999.
authorise the realisation of the property concerned in terms of Part 4.
A court shall not exercise its powers under subsection (3) (a) and (c) unless it has afforded all persons having any interest in the property concerned an opportunity to make representations to it in connection with the making of such orders.
[Sub-s. (5) substituted by s. 19 (b) of Act 24 of 1999.
[Para. (a) substituted by s. 19 (c) of Act 24 of 1999.
acquitted of the offence in respect of which the order had been made, the court acquitting him or her may make an appropriate order.
A restraint order and an order authorising the seizure of the property concerned or other ancillary order which is in force at the time of any decision by the court in relation to the making of a confiscation order, shall remain in force pending the outcome of any appeal against the decision concerned.
[S. 24A inserted by s. 3 of Act 38 of 1999.
it appears to the court that there are reasonable grounds for believing that a confiscation order may be made against such person.
Where the High Court has made a restraint order under subsection (1) (b) , that court shall rescind the restraint order if the relevant person is not charged within such period as the court may consider reasonable.
The National Director may by way of an ex parte application apply to a competent High Court for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property to which the order relates.
in respect of all property which, if it is transferred to such person after the making of the restraint order, would be realisable property.
A court to which an application is made in terms of subsection (1) may make a provisional restraint order having immediate effect and may simultaneously grant a rule nisi calling upon the defendant upon a day mentioned in the rule to appear and to show cause why the restraint order should not be made final.
If the defendant has been absent during a period of 21 days from his or her usual place of residence and from his or her business, if any, within the Republic, the court may direct that it shall be sufficient service of that rule if a copy thereof is affixed to or near the outer door of the buildings where the court sits and published in the Gazette , or may direct some other mode of service.
Upon application by the defendant, the court may anticipate the return day for the purpose of discharging the provisional restraint order if 24 hours' notice of such application has been given to the applicant contemplated in subsection (1).
A restraint order shall provide for notice to be given to persons affected by the order.
[Para. (b) deleted by s. 4 (a) of Act 38 of 1999.
[Sub-s. (5) deleted by s. 4 (b) of Act 38 of 1999.
for the reasonable legal expenses of such person in connection with any proceedings instituted against him or her in terms of this Chapter or any criminal proceedings to which such proceedings may relate, if the court is satisfied that the person whose expenses must be provided for has disclosed under oath all his or her interests in property subject to a restraint order and that the person cannot meet the expenses concerned out of his or her unrestrained property.
A High Court making a restraint order may also make such further order in respect of the discovery of any facts including facts relating to any property over which the defendant may have effective control and the location of such property as the court may consider necessary or expedient with a view to achieving the objects of the restraint order.
A High Court making a restraint order shall at the same time make an order authorising the seizure of all movable property concerned by a police official, and any other ancillary orders that the court considers appropriate for the proper, fair and effective execution of the order.
[Sub-s. (8) substituted by s. 4 (c) of Act 38 of 1999.
Property seized under subsection (8) shall be dealt with in accordance with the directions of the High Court which made the relevant restraint order. [Sub-s. (9) substituted by s. 20 (b) of Act 24 of 1999.
shall rescind the restraint order when the proceedings against the defendant concerned are concluded.
[Sub-s. (10) added by s. 4 (d) of Act 38 of 1999.
When a court orders the rescission of an order authorising the seizure of property in terms of subsection (10) (a) the court shall make such other order as it considers appropriate for the proper, fair and effective execution of the restraint order concerned.
[Sub-s. (11) added by s. 4 (d) of Act 38 of 1999.
In order to prevent any realisable property from being disposed of or removed contrary to a restraint order, any police official may seize any such property if he or she has reasonable grounds to believe that such property will be so disposed of or removed.
Property seized under subsection (1) shall be dealt with in accordance with the directions of the High Court which made the relevant restraint order.
order the person against whom the restraint order has been made to surrender forthwith, or within such period as that court may determine, any property in respect of which a curator bonis has been appointed under paragraph (a) , into the custody of that curator bonis.
for the variation of the terms of the appointment of the curator bonis concerned or for the discharge of that curator bonis.
by the State if no confiscation order is made.
where a confiscation order has been made, of an amount not exceeding the amount payable under the confiscation order, order the registrar of deeds concerned to endorse any one or more of the restrictions contemplated in subsection (2) on the title deed of the immovable property.
where the owner of that immovable property is a company or other juristic person which is being wound up, form part of the assets of such company or juristic person, if the owner of that immovable property has not made the payment referred to in that subsection to the State.
when the original of the title deed is produced to him or her, make the necessary endorsement thereon.
where the owner of the immovable property is a company or other juristic person, such company or juristic person is being wound up, in the person in whom the said custody would have vested if such a restriction were not so endorsed.
if the owner of the immovable property is a company or other juristic person which is being wound up, to have formed part of the assets of such company or juristic person as if such a restriction were not so endorsed.
Any person affected by an order contemplated in subsection (1) may at any time apply for the rescission of the order.
shall rescind the order if the relevant restraint order is rescinded or the amount payment of which is ensured by the order has with the consent of that court been paid into court.
If such order is rescinded, the High Court shall direct the registrar of deeds concerned to cancel any restriction endorsed by virtue of that order on the title deed of immovable property, and that registrar of deeds shall give effect to any such direction.
The noting of an appeal against a decision to vary or rescind any order referred to in sections 26 (10), 28 (3) and 29 (7) shall suspend such a variation or rescission pending the outcome of the appeal.
[S. 29A inserted by s. 5 of Act 38 of 1999.
the proceedings against that defendant have not been concluded.
order any person who holds realisable property to surrender the said property forthwith into the custody of a curator bonis appointed under section 28 (1) (a) or under paragraph (a) of this subsection, as the case may be.
A High Court shall not exercise its powers under subsection (2) (b) unless it has afforded all persons known to have any interest in the property concerned an opportunity to make representations to it in connection with the realisation of that property.
has suffered damage to or loss of property or injury as a result of an offence or related criminal activity referred to in section 18 (1) which was committed by the defendant, the court may allow that person to make representations in connection with the realisation of that property.
has obtained a judgment against the defendant, in respect of that damage, loss or injury, the court may order that the curator bonis suspend the realisation of the whole or part of the realisable property concerned for the period that the court deems fit in order to satisfy such a claim or judgment and related legal expenses and may make such ancillary orders as it deems expedient.
[Para. (a) substituted by s. 21 of Act 24 of 1999.
the period determined under subsection (5) has expired, [Para. (b) substituted by s. 21 of Act 24 of 1999.
whichever occurs first, realise the realisable property concerned as contemplated in subsection (2).
in such proportions, as that court may, after affording such persons an opportunity to make representations to it in connection with the distribution of those sums of money, direct.
Without limiting the generality of subsection (1) such payment as the High Court may direct shall, for the purposes of that subsection, include any payment in respect of an obligation which was found to have priority in terms of section 20.
Immediately after letters of curatorship have been granted to a curator bonis appointed under this Chapter, the curator bonis shall take into his or her custody all the property in respect of which he or she was appointed, as well as any book, record or other document in the possession or custody or under the control of any person referred to in section 28 (1) (b) or 30 (2) (c) which relates to the said property.
Save as is otherwise provided in this Chapter, the provisions of the Administration of Estates Act, 1965 (Act 66 of 1965), shall with the necessary changes apply in respect of a curator bonis appointed under this Chapter.
be exercised with a view to allowing any person other than that defendant or the recipient of such gift to retain or recover the current value of any property held by him or her, and, except as provided in sections 20 (1) and 26 (6), any obligation of that defendant or the recipient of such gift which conflicts with the obligation to satisfy a confiscation order shall be left out of account.
The provisions of subsection (1) shall not be construed as prohibiting any High Court from making any additional order in respect of a debt owed to the State.
If the High Court is satisfied that the realisable property is inadequate for the payment of the balance of the amount to be recovered under a confiscation order against the defendant concerned, that court may, on the application of that defendant, issue a certificate to that effect stating the reasons for the court being so satisfied.
leave out of account any inadequacy in the realisable property which is in the opinion of that court wholly or partly attributable to anything done by the defendant for the purpose of preserving any property held by a person to whom the defendant had directly or indirectly made an affected gift from the risk of any realisation in terms of this Chapter.
If a certificate referred to in subsection (1) has been issued, the defendant may apply to the court which made the confiscation order against him or her for the reduction of the amount to be recovered under that confiscation order.
Such court or, if the judge or judicial officer concerned is not available, any judge or judicial officer of that court may substitute for the amount to be recovered under such confiscation order such lesser amount as that court may consider just in the circumstances of the case.
the proceeds of any realisable property realised by virtue of section 30 and for the time being in the hands of a curator bonis appointed under this Chapter, shall not vest in the Master of the High Court or trustee concerned, as the case may be.
[Para. (a) amended by s. 22 of Act 24 of 1999.
after the conclusion of the proceedings against the defendant, shall take into account any realisation of the property of such other person in terms of this Chapter.
in respect of any property which the trustee concerned is entitled to claim from the insolvent under section 23 of the Insolvency Act, 1936.
Nothing in the Insolvency Act, 1936, shall be construed as prohibiting any High Court or curator bonis appointed under this Chapter from exercising any power contemplated in subsection (3) in respect of any property or proceeds mentioned in subsection (1).
no proceeds of any realisable property realised by virtue of section 30 and for the time being in the hands of a curator bonis appointed under this Chapter, shall form part of the assets of any such company or juristic person.
Where an order mentioned in subsection (1) has been made in respect of a company or other juristic person or a resolution mentioned in that subsection has been registered in respect of such company or juristic person, the powers conferred upon a High Court by sections 26 to 31 and 33 (2) or upon a curator bonis appointed under this Chapter, shall not be exercised in respect of any property which forms part of the assets of such company or juristic person.
[Sub-s. (2) substituted by s. 23 of Act 24 of 1999.
Nothing in the Companies Act, 1973 (Act 61 of 1973), or any other law relating to juristic persons in general or any particular juristic person, shall be construed as prohibiting any High Court or curator bonis appointed under this Chapter from exercising any power contemplated in subsection (2) in respect of any property or proceeds mentioned in subsection (1).
where no such order has been made, the time of the registration of the resolution authorising the voluntary winding-up of the company or juristic person, as the case may be.
The provisions of section 35 (2) are with the necessary changes applicable to a company or juristic person who has directly or indirectly made an affected gift.
For the purposes of this Chapter all proceedings under this Chapter are civil proceedings, and are not criminal proceedings.
The rules of evidence applicable in civil proceedings apply to proceedings under this Chapter.
No rule of evidence applicable only in criminal proceedings shall apply to proceedings under this Chapter.
No rule of construction applicable only in criminal proceedings shall apply to proceedings under this Chapter.
The National Director may by way of an ex parte application apply to a High Court for an order prohibiting any person, subject to such conditions and exceptions as may be specified in the order, from dealing in any manner with any property.
is property associated with terrorist and related activities.
[Sub-s. (2) substituted by s. 27 (1) of Act 33 of 2004.
A High Court making a preservation of property order shall at the same time make an order authorising the seizure of the property concerned by a police official, and any other ancillary orders that the court considers appropriate for the proper, fair and effective execution of the order.
[Sub-s. (3) substituted by s. 6 of Act 38 of 1999.
Property seized under subsection (3) shall be dealt with in accordance with the directions of the High Court which made the relevant preservation of property order.
publish a notice of the order in the Gazette.
A notice under subsection (1) (a) shall be served in the manner in which a summons whereby civil proceedings in the High Court are commenced, is served.
Any person who has an interest in the property which is subject to the preservation of property order may enter an appearance giving notice of his or her intention to oppose the making of a forfeiture order or to apply for an order excluding his or her interest in the property concerned from the operation thereof.
the basis of the defence upon which he or she intends to rely in opposing a forfeiture order or applying for the exclusion of his or her interests from the operation thereof.
any other person, 14 days after the date upon which a notice under subsection (1) (b) was published in the Gazette.
the order is rescinded before the expiry of that period.
In order to prevent property subject to a preservation of property order from being disposed of or removed contrary to that order, any police official may seize any such property if he or she has reasonable grounds to believe that such property will be so disposed of or removed.
Property seized under subsection (1) shall be dealt with in accordance with the directions of the High Court which made the relevant preservation of property order.
order any person holding property subject to the preservation of property order to surrender forthwith, or within such period as that Court may determine, any such property into the custody of the curator bonis.
[Sub-s. (1) amended by s. 7 of Act 38 of 1999.
by the State if no forfeiture order is made.
A High Court which has made a preservation of property order in respect of immovable property may at any time, with a view to ensuring the effective execution of a subsequent order, order the registrar of deeds concerned to endorse any one or more of the restrictions referred to in subsection (2) on the title deed of the immovable property.
where the owner of that immovable property is a company or other corporate body which is being wound up, form part of the assets of such company or corporate body.
where the owner of the immovable property is a company or other corporate body, such company or corporate body is being wound up, in the person in whom the said custody would have vested if such a restriction were not so endorsed.
reasonable legal expenses of such a person in connection with any proceedings instituted against him or her in terms of this Act or any other related criminal proceedings.
the person has disclosed under oath all his or her interests in the property and has submitted to that Court a sworn and full statement of all his or her assets and liabilities.
Despite provision in a preservation of property order for the meeting of legal expenses out of any property to which the order applies, a legal expense is not to be met out of that property to the extent that the amount payable for any legal service concerned exceeds any prescribed maximum allowable cost for that service.
This section operates only to limit the amount of the legal expenses that a High Court may provide for under section 44 to be met out of property that is subject to a preservation of property order and does not limit or otherwise affect any entitlement of a legal practitioner to be paid or to recover for a legal service any amount that exceeds any applicable maximum.
the curator bonis , may apply to the High Court for an order under this section.
The curator bonis or the National Director must give notice of an application under this section to the person concerned.
On an application under this section, the High Court must order that the expenses be taxed as provided in the order.
the application, and any appeal arising out of it, are finally determined, or otherwise disposed of, other than by the making of such an order.
shall rescind the preservation of property order when the proceedings against the defendant concerned are concluded.
[Sub-s. (1) substituted by s. 8 (a) of Act 38 of 1999.
When a court orders the rescission of an order authorising the seizure of property under paragraph (a) of subsection (1) the court shall make such other order as it considers appropriate for the proper, fair and effective execution of the preservation of property order concerned. [Sub-s. (1A) inserted by s. 8 (b) of Act 38 of 1999.
for the discharge of the curator bonis.
Any person affected by an order in respect of immovable property may at any time apply for the rescission of the order.
shall rescind the order if the relevant preservation of property order is rescinded.
If an order in respect of immovable property is rescinded, the High Court shall direct the registrar of deeds concerned to cancel any restriction endorsed by virtue of that order on the title deed of immovable property, and that registrar of deeds shall give effect to any such direction.
The noting of an appeal against a decision to vary or rescind any order referred to in this section shall suspend such a variation or rescission pending the outcome of the appeal.
(aa) vary or rescind the order; (bb) vary the terms of the appointment of the curator bonis concerned; or (cc) discharge that curator bonis ; shall rescind the order and discharge the curator bonis concerned if the relevant preservation of property order is rescinded.
[Sub-s. (4) added by s. 8 (c) of Act 38 of 1999.
If a preservation of property order is in force the National Director, may apply to a High Court for an order forfeiting to the State all or any of the property that is subject to the preservation of property order.
to every person who entered an appearance in terms of section 39 (3). [Sub-s. (2) substituted by s. 26 of Act 24 of 1999.
A notice under subsection (2) shall be served in the manner in which a summons whereby civil proceedings in the High Court are commenced, is served.
varying the operation of the order in respect of that property, and may adduce evidence at the hearing of the application.
Any person who, for any reason, did not enter an appearance in terms of section 39 (3) may, within 14 days of him or her becoming aware of the existence of a preservation of property order, apply to the High Court for leave to enter such an appearance.
An application in terms of subsection (1) may be made before or after the date on which an application for a forfeiture order is made under section 48 (1), but shall be made before judgment is given in respect of such an application for a forfeiture order.
has an interest in the property which is subject to the preservation of property order.
may make any order to regulate the further participation of the applicant in proceedings concerning an application for a forfeiture order, which it deems appropriate.
An appearance entered after leave has been obtained under this section shall contain full particulars of the chosen address of the person who enters such appearance for the delivery of documents concerning further proceedings under this Chapter and shall be accompanied by an affidavit referred to in section 39 (5).
is property associated with terrorist and related activities. [Sub-s. (1) substituted by s. 27 (1) of Act 33 of 2004.
The High Court may, when it makes a forfeiture order or at any time thereafter, make any ancillary orders that it considers appropriate, including orders for and with respect to facilitating the transfer to the State of property forfeited to the State under such an order.
The absence of a person whose interest in property may be affected by a forfeiture order does not prevent the High Court from making the order.
The validity of an order under subsection (1) is not affected by the outcome of criminal proceedings, or of an investigation with a view to institute such proceedings, in respect of an offence with which the property concerned is in some way associated.
The Registrar of the Court making a forfeiture order must publish a notice thereof in the Gazette as soon as practicable after the order is made.
before such an application or appeal has been disposed of.
The National Director may apply to a judge in chambers or a magistrate for an order notifying a person having an interest in or control over property that there are reasonable grounds to believe that such property is an instrumentality of an offence referred to in Schedule 1 or is property associated with terrorist and related activities.
The judge or magistrate shall make an order referred to in subsection (1) if the judge or magistrate is satisfied that there are reasonable grounds to believe that the property concerned is an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities.
When a judge or magistrate makes an order under subsection (1), the registrar of the High Court concerned or clerk of the magistrate's court for the district concerned shall issue a notice in the prescribed form to the person referred to in the order, informing him or her that there are reasonable grounds to believe that property in which he or she has an interest or over which he or she has control, is an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities.
A notice issued under subsection (3) shall be served on the person concerned in the manner in which a summons whereby civil proceedings in the High Court are commenced is served.
[Para. (b) substituted by s. 29 (a) of Act 24 of 1999.
and when it makes a forfeiture order, make an order excluding certain interests in property which is subject to the order, from the operation thereof.
where the applicant had acquired the interest concerned after the commencement of this Act, that he or she neither knew nor had reasonable grounds to suspect that the property in which the interest is held is the proceeds of unlawful activities.
[Sub-s. (2) substituted by s. 9 of Act 38 of 1999.
where the offence concerned had occurred before the commencement of this Act, the applicant has since the commencement of this Act taken all reasonable steps to prevent the use of the property concerned as an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities.
[Sub-s. (2A) added by s. 9 of Act 38 of 1999 and substituted by s. 27 (1) of Act 33 of 2004.
If an applicant for an order under subsection (1) adduces evidence to show that he or she did not know or did not have reasonable grounds to suspect that the property in which the interest is held, is an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities, the State may submit a return of the service on the applicant of a notice issued under section 51 (3) in rebuttal of that evidence in respect of the period since the date of such service.
If the State submits a return of the service on the applicant of a notice issued under section 51 (3) as contemplated in paragraph (a) , the applicant for an order under subsection (1) must, in addition to the facts referred to in subsection (2) (a) and (2) (b) (i), also prove on a balance of probabilities that, since such service, he or she has taken all reasonable steps to prevent the further use of the property concerned as an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities.
[Sub-s. (3) substituted by s. 27 (1) of Act 33 of 2004.
A High Court making an order for the exclusion of an interest in property under subsection (1) may, in the interest of the administration of justice or in the public interest, make that order upon the conditions that the Court deems appropriate including a condition requiring the person who applied for the exclusion to take all reasonable steps, within a period that the Court may determine, to prevent the future use of the property as an instrumentality of an offence referred to in Schedule 1 or property associated with terrorist and related activities.
[Sub-s. (4) substituted by s. 27 (1) of Act 33 of 2004.
The High Court may, before making an order in terms of subsection (1), call upon the National Director to adduce such further evidence, either in writing or orally, in support of his or her application as the Court may consider necessary.
Any person whose interest in the property concerned is affected by the forfeiture order or other order made by the Court under subsection (1) may, within 20 days after he or she has acquired knowledge of such order or direction, set the matter down for variation or rescission by the court.
The court may, upon good cause shown, vary or rescind the default order or give some other direction on such terms as it deems appropriate.
Any person affected by a forfeiture order who was entitled to receive notice of the application for the order under section 48 (2), but did not receive such notice, may, within 45 days after the notice of the making thereof is published in the Gazette , apply for an order excluding his or her interest in the property concerned from the operation of the order, or varying the operation of the order in respect of such property.
the relief sought.
The hearing of the application shall, to the extent practicable and consistent with the interests of justice be held within 30 days of the filing of the application.
The High Court may consolidate the hearing of the application with a hearing of any other application filed by a person under this section.
At the hearing, the applicant may testify and present evidence and witnesses on his or her own behalf, and may cross-examine any witness who appears at the hearing.
The National Director or the curator bonis concerned, or a person authorised in writing thereto by them, may present evidence and witnesses in rebuttal and in defence of their claim to the property and may cross-examine a witness who appears at the hearing.
In addition to the testimony and evidence presented at the hearing, the High Court may, upon application by the National Director or the curator bonis concerned, or a person authorised in writing thereto by them, order that the testimony of any witness relating to the property forfeited, be taken by commission and that any book, paper, document, record, recording, or other material not privileged be produced at the taking down of such testimony by commission.
[Sub-s. (8) substituted by s. 10 of Act 38 of 1999.
[Sub-s. (8A) inserted by s. 10 of Act 38 of 1999 and substituted by s. 27 (1) of Act 33 of 2004.
gives false evidence knowing that evidence to be false or not believing it to be true, he or she shall be guilty of an offence.
When a person who furnishes an affidavit under subsection (2) makes a false statement in the affidavit knowing that statement to be false or not believing it to be true, he or she shall be guilty of an offence.
A person convicted of an offence under this subsection shall be liable to the penalty prescribed by law for perjury.
Any preservation of property order and any order authorising the seizure of the property concerned or other ancillary order which is in force at the time of any decision regarding the making of a forfeiture order under section 50 (1) shall remain in force pending the outcome of any appeal against the decision concerned.
[S. 55 substituted by s. 11 of Act 38 of 1999.
Where a High Court has made a forfeiture order and a curator bonis has not been appointed in respect of any of the property concerned, the High Court may appoint a curator bonis to perform any of the functions referred to in section 57 in respect of such property.
[Sub-s. (1) substituted by s. 32 of Act 24 of 1999.
On the date when a forfeiture order takes effect the property subject to the order is forfeited to the State and vests in the curator bonis on behalf of the State.
Upon a forfeiture order taking effect the curator bonis may take possession of that property on behalf of the State from any person in possession, or entitled to possession, of the property.
Any right or interest in forfeited property not exercisable by or transferable to the State, shall expire and shall not revert to the person who has possession, or was entitled to possession, of the property immediately before the forfeiture order took effect.
No person who has possession, or was entitled to possession, of forfeited property immediately before the forfeiture order took effect, or any person acting in concert with, or on behalf of that person, shall be eligible to purchase forfeited property at any sale held by the curator bonis.
[Sub-s. (4) deleted by s. 33 (b) of Act 24 of 1999.
The expenses incurred in connection with the forfeiture and the sale, including expenses of seizure, maintenance and custody of the property pending its disposition, advertising and court costs shall be defrayed out of moneys appropriated by Parliament for that purpose.
dispose of property forfeited under section 56 (2) by sale or any other means and deposit the proceeds of the sale or disposition into the Account.
[Sub-s. (1) substituted by s. 33 (a) of Act 24 of 1999.
The fact that a preservation of property order or a forfeiture order has been made on the basis of an offence referred to in Schedule 1 in which a specific person has been involved does not prevent the making of another or other preservation of property orders or forfeiture orders on the basis of the same offence.
Any notice authorised or required to be given to a person under this Chapter is, in the case of a deceased person, sufficiently given to the executor of that person's estate.
A reference in this Chapter to property of a person is, in the case of a person who is deceased, a reference to property that the person held immediately before his or her death.
on evidence adduced concerning the activities of a person who is deceased.
If a person has an interest in property as joint owner of the property, the person's death after a preservation of property order is made in respect of the interest does not, while the order is in force, operate to vest the interest in the surviving joint owner or owners and the preservation of property order continues to apply to the interest as if the person had not died.
A forfeiture order made in respect of that interest applies as if the order took effect in relation to the interest immediately before the person died.
Subsection (1) does not apply to an interest in property if a preservation of property order ceases to apply to that interest without a forfeiture order being made in respect of that interest.
In any application instituted under this Chapter by the State, the National Director may file with the Registrar of the High Court concerned a certificate stating that in his or her opinion the case is of general public importance.
A copy of that certificate shall be furnished immediately by such Registrar to the Judge President of the High Court concerned or in his or her absence to the Acting Judge President or the Deputy Judge President of that Court.
Upon receipt of such copy, such Judge President, Acting Judge President or Deputy Judge President, as the case may be, shall designate immediately a judge of that High Court to hear and determine the application.
the magistrate's court regulating the proceedings referred to in section 51.
[Para. (b) substituted by s. 34 of Act 24 of 1999.
In the absence of such rules the provisions of the Supreme Court, 1959 (Act 59 of 1959), and the rules made under section 43 of that Act and the provisions of the Magistrates' Court Act, 1944 (Act 32 of 1944), and the rules made under section 6 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), as the case may be, shall, with the necessary changes, apply in relation to proceedings in terms of such hearing except in so far as those rules are inconsistent with procedures prescribed in this Chapter.
There is hereby established in the National Revenue Fund a separate account to be known as the Criminal Assets Recovery Account.
all moneys derived from the fulfilment of confiscation and forfeiture orders contemplated in Chapters 5 and 6; [Para. (a) substituted by s. 35 (a) of Act 24 of 1999.] (a A) all property derived from the fulfilment of forfeiture orders as contemplated in section 57; [Para. (a A) inserted by s. 35 (b) of Act 24 of 1999.
[Para. (c) substituted by s. 35 (c) of Act 24 of 1999.
[Para. (e) substituted by s. 35 (d) of Act 24 of 1999.
all property or moneys transferred to the Account in terms of this Act. [Para. (f) substituted by s. 35 (e) of Act 24 of 1999.
There is hereby established a Committee to be known as the Criminal Assets Recovery Committee.
if necessary, two other persons designated by the Minister.
The members of the Committee may designate an alternate to attend a meeting of the Committee in their place.
The Committee shall designate one of its members as deputy chairperson of the Committee, and when the chairperson is not available, the deputy chairperson shall act as chairperson.
The members of the Committee appointed in terms of section 65 (2) (e) shall, if appropriate, receive such remuneration, allowances and other employment benefits and shall be appointed on such terms and conditions and for such periods as may be prescribed.
A meeting of the Committee shall be held at a time and place determined by the chairperson.
The procedure, including the manner in which decisions shall be taken, to be followed at meetings of the Committee and the manner in which the Committee shall conduct its affairs shall be determined by the Committee, if such procedure is not prescribed.
[Para. (b) substituted by s. 27 (1) of Act 33 of 2004.
to advise Cabinet in connection with the rendering of financial assistance to any other institution, organisation or fund established with the object to render assistance in any manner to victims of crime.
[Para. (b) substituted by s. 36 (a) of Act 24 of 1999.
[Para. (c) substituted by s. 36 (b) of Act 24 of 1999.
exercise such powers and perform such functions as may be conferred or imposed upon it by regulations as may be necessary or expedient for or incidental to the achievement of its objects or the powers and functions referred to in paragraphs (a) , (b) , (c) and (d).
the administration of the Account.
All amounts of money withdrawn, or property allocated, from the Account under subsection (1) shall be so withdrawn or allocated as a direct charge against the National Revenue Fund.
the Minister shall forthwith cause all particulars of such allocation to be tabled in Parliament.
Property or money allocated under subsection (1) may not be utilised for any other purpose than that specified in terms of paragraph (a) (i).
No allocation of property or money shall be made under subsection (1) to an institution, organisation or fund contemplated in section 68 (c) unless an accounting officer for that institution, organisation or fund is appointed or designated for such institution, organisation or fund.
An accounting officer appointed or designated under subsection (4) shall be charged with the responsibility of accounting for all money allocated under subsection (1), the acquisition, receipt, custody and disposal of all property so allocated and all payments made by him or her in respect of the purpose for which the allocation had been made.
The Committee may, after consultation with the Treasury and the Auditor-General, in such manner as it deems necessary, issue guidelines to accounting officers appointed or designated under subsection (4) in connection with the systems of book-keeping and accounting to be followed by them.
Accounting by a law enforcement agency or institution, organisation or fund for property and money allocated to it from the Account under subsection (1) shall be done separately from accounting for money and property received from any other source.
The Auditor-General shall audit the books of accounts, accounting statements, financial statements and financial management of each law enforcement agency or institution, organisation or fund to which property or money had been allocated under subsection (1) in respect of that allocation, and the provisions of section 6 of the Auditor-General Act, 1989 (Act 52 of 1989), shall apply in respect of any such audit.
to the Committee.
All other matters in connection with the Committee or arising from this Chapter shall be prescribed.
The provisions of subsection (1) shall not be construed as prohibiting any Minister by whom or any other departmental or institutional authority by which, or under the control of whom or which, any law referred to in that subsection is administered, or any board, institution or body established by or under any such law, from making any practical and reasonable procedural arrangements with regard to the furnishing of such information or the granting of the access contemplated in that subsection and according to which the information or access shall be furnished or granted or with regard to any reasonable safeguards which any such Minister, authority, board, institution, body or person, subject to the provisions of subsection (3), requires to maintain the confidentiality of such information, registers, records, documents or electronic data.
when required to do so by an order of a court of law.
Any person who contravenes paragraph (a) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 20 years.
from permitting any person to have access to any registers, records or other documents, or electronic data which have a bearing on the said activities, affairs or business, furnish the National Director with such information and permit the National Director to have access to any registers, records, documents, and electronic data, which may contain such information.
Whenever the National Director has reason to believe that any person may be in possession of information relevant to the commission or intended commission of an alleged offence in terms of this Act, or any person or enterprise may be in possession, custody or control of any documentary material relevant to such alleged offence, he or she may, prior to the institution of any civil or criminal proceeding, under written authority direct that a particular Director of Public Prosecutions shall have, in respect of a specific investigation, the power to institute an investigation in terms of the provisions of Chapter 5 of the National Prosecuting Authority Act, 1998.
Notwithstanding the provisions of section 4 of the Income Tax Act, 1962 (Act 58 of 1962), and with regard to any other secrecy provision in similar legislation, whenever any investigation is instituted in terms of this Act, including an investigation into any offence referred to in Schedule 1, and an investigation into the property, financial activities, affairs or business of any person, the Commissioner of the South African Revenue Services or any official designated by him or her for this purpose, shall be notified of such investigation with a view to mutual co-operation and the sharing of information.
[S. 73 substituted by s. 38 of Act 24 of 1999.
(a) Subject to the provisions of this section, the hearings of the court contemplated in this Act, except for ex parte applications, shall be open to the public.
there is a likelihood that harm may ensue to any person as a result of the proceedings being open, it may direct that such proceedings be held behind closed doors and that the public or any category thereof shall not be present at such proceedings or any part thereof.
An application for proceedings to be held behind closed doors may be brought by the National Director, the curator bonis referred to in section 28 or 42 and any other person referred to in paragraph (b) (ii), and such application shall be heard behind closed doors.
[Para. (c) substituted by s. 39 of Act 24 of 1999.
The High Court may at any time review its decision with regard to the question whether or not the proceedings shall be held behind closed doors.
Provided that the High Court may authorise the publication of so much information as it considers would be just and equitable.
Any person who discloses any information in contravention of subsection (2) shall be guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding two years.
that an investigation is being, or may be, conducted as a result of such a disclosure, directly or indirectly alerts, or brings information to the attention of another person which will or is likely to prejudice such an investigation, shall be guilty of an offence.
Any person who intentionally refuses or fails to comply with an order of court made in terms of Chapter 5 or 6, shall be guilty of an offence.
Any person who hinders a curator bonis , a police official or any other person in the exercise, performance or carrying out of his or her powers, functions or duties under Chapter 5 or 6, shall be guilty of an offence.
subsection (3) shall be liable to a fine, or to imprisonment for a period not exceeding two years.
A regional court shall have penal jurisdiction to impose any penalty mentioned in section 8 or 71 (3) (b) , even though that penalty may exceed the penal jurisdiction of that court.
[Sub-s. (1) substituted by s. 40 of Act 24 of 1999.
A magistrate's court shall have penal jurisdiction to impose any penalty mentioned in section 10, even though that penalty may exceed the penal jurisdiction of that court.
A magistrate's court or regional court shall have jurisdiction to make any order referred to in section 18 (1), even though the amount payable under that order may exceed the civil jurisdiction of a magistrate's court or regional court.
[Paras. (b) and (c) deleted by s. 79 of Act 38 of 2001.
providing for any matter which he or she may consider necessary or expedient to prescribe or to regulate in order to achieve the objects of this Act.
Regulations under subsection (1) (a) may prescribe costs by applying, adopting or incorporating, with or without modification, the provisions of any act or any instrument made under an act or of any other publication, whether of the same or a different kind, as in force on a particular day or as in force for the time being.
Any regulation made under this section, which may result in financial expenditure for the state shall be made in consultation with the Minister of Finance.
Any regulation made under this section may provide that any person who contravenes a provisions thereof or fails to comply therewith, shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding three years.
Any regulation made under this section shall, before publication thereof in the Gazette , be submitted to Parliament.
Any person generally or specifically authorised to perform any function in terms of this Act, shall not, in his or her personal capacity, be liable for anything done in good faith under this Act.
The International Co-operation in Criminal Matters Act, 1996 (Act 75 of 1996), is hereby amended to the extent set out in Schedule 2.
The Drugs and Drug Trafficking Act, 1992 (Act 140 of 1992), is hereby amended to the extent setout in Schedule 3.
The Proceeds of Crime Act, 1996 (Act 76 of 1996), is hereby repealed.
The person designated for purposes of section 31 of the Proceeds of Crime Act, 1996 (Act 76 of 1996), and any curator bonis , trustee or other functionary appointed in terms of the provisions of that Act shall, at the commencement of this Act, be deemed to have been duly designated or appointed to the corresponding position under this Act and shall continue to hold office in accordance with the applicable laws.
All proceedings which immediately before the commencement of this Act were instituted in terms of the provisions of the Proceeds of Crime Act, 1996, and which proceedings were pending before any court of law or reviewing authority shall be dealt with as if this Act had not been passed.
An investigation, or prosecution or other legal proceedings, in respect of conduct which would have constituted an offence under the Proceeds of Crime Act, 1996, and which occurred after the commencement of that Act but before the commencement of this Act, may be instituted and continued as if this Act had not been passed.
[Sub-s. (3) added by s. 12 of Act 38 of 1999.
This Act shall be called the Prevention of Organised Crime Act, 1998, and shall come into operation on a date fixed by the President in the Gazette.
[Schedule 1 amended by s. 36 (1) of Act 12 of 2004 and by s. 27 (1) of Act 33 of 2004 and substituted by s. 68 of Act 32 of 2007.
any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.
[Schedule 2 repealed and substituted by Schedule 3 by s. 42 of Act 24 of 1999.
the deletion of the definition of 'proceeds'.
The repeal of section 6.
The repeal of section 7.
from permitting any person to have access to any registers, records or other documents which have a bearing on the said affairs or business, disclose to any attorney-general or designated officer such information as he or she may consider necessary for the prevention or combatting, whether in the Republic or elsewhere, of a drug offence'.
The amendment of section 10 by the deletion of subsection (2).
[Schedule 3 added by s. 43 of Act 24 of 1999.
' "restraint order" means a restraint order or preservation of property order made under the Prevention of Organised Crime Act, 1998 (Act 121 of 1998);'.
To amend the Prevention of Organised Crime Act, 1998, so as to effect certain textual improvements; to further regulate the Criminal Assets Recovery Account; and to provide for matters connected therewith.
1 Amends in the Afrikaans text of the Preamble to the Prevention of Organised Crime Act 121 of 1998 by inserting a heading.
2 Amends the Index to the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text in item 21 the expression 'onregmatige aktiwiteite' for the expression 'misdaad'; paragraph (b) substitutes in the Afrikaans text the heading 'EIENDOMSINSTANDHOUDINGSBEVELE' for the heading 'INSTANDHOUDING VAN EIENDOM'; paragraph (c) substitutes in the Afrikaans text in item 61 the expression 'aansoeke' for the expression 'gedinge'; and paragraph (d) substitutes the reference to Schedules 2 and 3.
3 Amends section 1 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in subsection (1) the definition of 'Committee'; paragraph (b) substitutes in subsection (1) the definition of 'Instrumentality of an offence' for the definition of 'Ainstrumentality of an offence'; paragraph (c) substitutes in subsection (1) in the definition of 'proceeds of unlawful activities' the words preceding paragraph (a) ; and paragraph (d) substitutes in subsection (3) the words preceding paragraph (a).
4 Amends section 2 (1) of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes paragraph (a) (i) and (ii); paragraph (b) substitutes paragraph (b) (ii); paragraph (c) substitutes paragraph (c) (ii); and paragraph (d) inserts the word 'or' after paragraph (f).
5 Amends section 3 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text subsection (1); and paragraph (b) substitutes in the Afrikaans text of subsection (2) the words preceding paragraph (a).
6 Amends section 4 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text the words preceding paragraph (a) ; and paragraph (b) substitutes paragraph (i).
7 Amends section 5 of the Prevention of Organised Crime Act 121 of 1998 by substituting the words preceding paragraph (a).
8 Substitutes section 6 of the Prevention of Organised Crime Act 121 of 1998.
(a) ; and paragraph (f) substitutes subsection (6) in the Afrikaans text.
10 Inserts section 7A in the Prevention of Organised Crime Act 121 of 1998.
11 Amends section 9 (2) of the Prevention of Organised Crime Act 121 of 1998 by substituting the words following paragraph (c).
12 Amends section 10 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsections (2) and (3).
13 Amends section 11 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes paragraph (c) in the Afrikaans text; and paragraph (b) substitutes in paragraph (d) the expression 'activities' for the expression 'activity'.
14 Amends section 12 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) inserts after subsection (1) (i) (a) the word 'or'; paragraph (b) inserts after subsection (1) (iv) (a) the word 'or'; paragraph (c) substitutes in the Afrikaans text in subsection (2) (a) (i) the expression 'eksekuteur' for the expression 'kurator'; and paragraph (d) substitutes subsection (3).
15 Amends section 15 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (3).
16 Amends section 19 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes in the Afrikaans text subsection (2) (a) (ii); and paragraph (c) substitutes in the Afrikaans text of subsection (2) (b) the expression 'moet' for the expression 'moes'.
17 Amends section 20 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in subsection (1) the words preceding paragraph (a) ; and paragraph (b) inserts the word 'of' in the Afrikaans text after subsection (4) (a) (ii).
18 Amends section 22 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text of subsection (1) the expression 'belang' for the expression 'belange'; paragraph (b) substitutes in the Afrikaans text of subsection (2) the words preceding paragraph (a) ; paragraph (c) substitutes subsection (3); and paragraph (d) deletes in the Afrikaans text of subsection (4) the words 'of deel daarvan'.
19 Amends section 24 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes subsection (3) (a) ; paragraph (b) substitutes subsection (5); and paragraph (c) substitutes subsection (6) (a).
20 Amends section 26 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text subsection (6) (b) ; and paragraph (b) substitutes subsection (9).
21 Amends section 30 (6) of the Prevention of Organised Crime Act 121 of 1998 by substituting paragraphs (a) and (b).
22 Amends section 35 (2) (a) of the Prevention of Organised Crime Act 121 of 1998 by substituting the words preceding subparagraph (i).
23 Amends section 36 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (2).
24 Amends section 44 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (1) in the Afrikaans text.
25 Amends in the Afrikaans text section 47 (1) (a) of the Prevention of Organised Crime Act 121 of 1998 by substituting in the Afrikaans text subparagraph (ii).
26 Amends section 48 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (2).
27 Amends in the Afrikaans text section 49 (4) of the Prevention of Organised Crime Act 121 of 1998 by substituting paragraph (a).
28 Amends in the Afrikaans section 50 (2) of the Prevention of Organised Crime Act 121 of 1998 by substituting the expression 'fasilitering' for the expression 'tegeldemaking'.
29 Amends section 52 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes subsection (1) (b) ; and paragraph (b) substitutes subsection (4) in the Afrikaans text.
30 Amends section 53 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text subsection (1) (b) ; and paragraph (b) substitutes in the Afrikaans text subsection (4).
31 Amends section 54 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in the Afrikaans text subsection (3); paragraph (b) substitutes in the Afrikaans text subsection (6); and paragraph (c) substitutes in the Afrikaans text subsection (9) (c).
32 Amends section 56 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (1).
33 Amends section 57 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) deletes subsection (4).
34 Amends section 62 (1) of the Prevention of Organised Crime Act 121 of 1998 by substituting paragraph (b).
35 Amends section 64 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes paragraph (a) ; paragraph (b) inserts paragraph (a A) ; paragraph (c) substitutes paragraph (c) ; paragraph (d) substitutes paragraph (e) ; and paragraph (e) substitutes paragraph (f).
36 Amends section 69 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes paragraph (b) ; and paragraph (b) substitutes paragraph (c).
37 Inserts section 69A in the Prevention of Organised Crime Act 121 of 1998.
38 Substitutes section 73 of the Prevention of Organised Crime Act 121 of 1998.
39 Amends section 74 (1) of the Prevention of Organised Crime Act 121 of 1998 by substituting paragraph (c).
40 Amends section 76 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (1).
41 Amends in the Afrikaans text section 80 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (1).
42 Repeals Schedule 2 to the Prevention of Organised Crime Act 121 of 1998 , the existing Schedule 3 becoming Schedule 2.
43 Adds Schedule 3 to the Prevention of Organised Crime Act 121 of 1998.
This Act shall be called the Prevention of Organised Crime Amendment Act, 1999.
To amend the Prevention of Organised Crime Act, 1998, so as to make it clear that the provisions of Chapters 3, 5 and 6 are applicable in respect of instrumentalities of offences and proceeds of unlawful activities where such offences or unlawful activities occurred before the commencement of the Act; to amend certain definitions; to further regulate the seizure of certain property and the making of orders ancillary to restraint orders and preservation of property orders; to further regulate appeals against certain orders; to further regulate the exclusion of interests in property; to further regulate transitional arrangements; and to provide for matters connected therewith.
1 Amends section 1 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes in subsection (1) the definition of 'instrumentality of an offence'; paragraph (b) substitutes in subsection (1) the definition of 'proceeds of unlawful activities'; paragraph (c) inserts in subsection (1) the definition of 'unlawful activity'; and paragraph (d) adds subsection (5).
2 Amends section 12 (2) (a) of the Prevention of Organised Crime Act 121 of 1998 by substituting subparagraph (i).
3 Inserts section 24A in the Prevention of Organised Crime Act 121 of 1998.
4 Amends section 26 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) deletes subsection (4) (b) ; paragraph (b) deletes subsection (5); paragraph (c) substitutes subsection (8); and paragraph (d) adds subsections (10) and (11).
5 Inserts section 29A in the Prevention of Organised Crime Act 121 of 1998.
6 Amends section 38 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsection (3).
7 Amends section 42 (1) of the Prevention of Organised Crime Act 121 of 1998 by substituting the words preceding paragraph (a).
8 Amends section 47 of the Prevention of Organised Crime Act 121 of 1998 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) inserts subsection (1A); and paragraph (c) adds subsection (4).
9 Amends section 52 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsections (2) and (2A) for subsection (2).
10 Amends section 54 of the Prevention of Organised Crime Act 121 of 1998 by substituting subsections (8) and (8A) for subsection (8).
11 Substitutes section 55 of the Prevention of Organised Crime Act 121 of 1998.
12 Amends section 80 of the Prevention of Organised Crime Act 121 of 1998 by adding subsection (3).
13 Amends the Preamble to the Prevention of Organised Crime Act 121 of 1998 by substituting paragraph nine.
14 Amends Part 3 in the Index to the Prevention of Organised Crime Act 121 of 1998 by inserting items 24A and 29A.
This Act is called the Prevention of Organised Crime Second Amendment Act, 1999.
<fn>GOV-ZA.1998122En.2012-02-10.en.txt</fn>
To amend the Insolvency Act, 1936, so as to make other provision in connection with the salaries or wages of former employees of an insolvent; to amend the Supreme Court Act, 1959, so as to further regulate persons over whom and matters in relation to which High Courts have jurisdiction; to amend the Criminal Procedure Act, 1977, so as to make other provision in connection with the use of force in effecting arrests; to amend the Attorneys Act, 1979, so as to provide for any board of executors or trust company to receive remuneration for the preparation of a will or other testamentary writing; to amend the Co-operatives Act, 1981, so as to effect a consequential amendment; to amend the Magistrates Act, 1993, so as to further regulate the vacation of office by a magistrate; to amend the Special Investigating Units and Special Tribunals Act, 1996, so as to further regulate the appointment of the President of a Special Tribunal; to amend the National Prosecuting Authority Act, 1998, so as to effect a consequential amendment; to provide for the centralisation of certain offences; to repeal an obsolete law; and to provide for matters connected therewith.
1 Amends section 96 of the Insolvency Act 24 of 1936 by substituting subsection (3).
2 (1) Inserts section 98A in the Insolvency Act 24 of 1936.
The provisions of subsection (1) shall apply in respect of estates which are sequestrated or provisionally sequestrated on or after the date of commencement of this section.
3 Amends section 99 (1) of the Insolvency Act 24 of 1936 by deleting paragraph (f).
4 Repeals section 100 of the Insolvency Act 24 of 1936.
5 Amends section 104 (1) of the Insolvency Act 24 of 1936 by substituting the words preceding the proviso.
[Date of commencement of s. 6: 1 April 1999.
7 Substitutes section 49 of the Criminal Procedure Act 51 of 1977 . [Date of commencement of s. 7: 18 July 2003.
8 Amends Schedule 1 of the Criminal Procedure Act 51 of 1977 by substituting the heading.
[Date of commencement of s. 8: 18 July 2003.
Amends section 83 (12) of the Attorneys Act 53 of 1979 by adding paragraph (g) . [Date of commencement of s. 9: 1 April 1999.
JUDICIAL MATTERS SECOND AMENDMENT ACT 122 OF 1998 Page 2 of 2 10 Amends section 219 of the Co-operatives Act 91 of 1981 by substituting paragraph (b).
11 Amends section 13 of the Magistrates Act 90 of 1993 by substituting subsection (1).
[Date of commencement of s. 11: 1 April 1999.
12 (1) Amends section 7 of the Special Investigating Units and Special Tribunals Act 74 of 1996 by substituting subsection (1).
[Date of commencement of s. 12: 1 April 1999.
13 Substitutes section 45 of the National Prosecuting Authority Act 32 of 1998 . [Date of commencement of s. 13: 1 April 1999.
Despite the provisions of section 13 of the Justice Laws Rationalisation Act, 1996 (Act 18 of 1996), the provisions of section 111 of the Criminal Procedure Act, 1977 (Act 51 of 1977), as made applicable to certain areas of the national territory of the Republic of South Africa by section 2 of the Justice Laws Rationalisation Act, 1996, shall also be applicable in respect of any offence committed in any such area prior to the commencement of the last-mentioned Act.
[Date of commencement of s. 14: 1 April 1999.
The Bophuthatswana Electricity Act, 1985 (Act 34 of 1985), is repealed.
[Date of commencement of s. 15: 1 April 1999.
This Act is called the Judicial Matters Second Amendment Act, 1998, and comes into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.199812En.2012-02-10.en.txt</fn>
It has been an eventful year for SADC, with some member states having to face up to internal conflicts and regional wars. Also, although most of the SADC countries were not as badly hit by the global economic crisis as other emerging markets, it has not been a particularly good year for SADC economies.
In spite of these developments, the Finance and Investment Sector continued with its programmes, which we hope will contribute to growth, investment and poverty alleviation in the region.
We hope you enjoy your summer (or winter) holidays!
The first meeting of the Macroeconomic Policy Subcommittee was held in South Africa on 20 May 1998. Botswana, Malawi, Mauritius and South Africa were nominated to serve on the Working Group of the Subcommittee, with Mauritius chairing the meetings.
The Macroeconomic Policy Working Group met in Mauritius from 15 - 16 September 1998. In line with the recommendations made by the Macroeconomic Subcommittee, the Working Group was tasked with the responsibility of drafting the sub-committee's work programme, which could also provide the basis for formulating a macro-economic convergence strategy in the SADC region. The Working Group had to decide on the tasks, timetable and parameters to be adopted by the Subcommittee.
The Working Group identified a set of macroeconomic indicators, which Member States would be requested to supply targets for, over the short, medium and long term. The Working Group formulated a SADC Macro-Economic Indicators and Targets Document. This document lists the macroeconomic indicators which will be used to evaluate the direction the region is taking. Included here are economic and monetary policies, output, inflation and exchange rate movements, public finance, debt, labour force and employment, and external equilibrium.
From the Editor's Desk 1 Subcommittee on Macroeconomic Policy1 Committee of Stock Exchanges..........................
Committee of Central Bank Governors3 DFI Subcommittee .....5 SADC Finance and Investment Protocol.............................6 SADC Ministers of Finance..............................6 Subcommittee on Investment..........................7 Y2K ..................................8 Editorial: Forging a new ACP-EU partnership....................9 Farewell, Forthcoming Events, Contact Details..................
SADC region, using the already identified macroeconomic indicators, was declared the regional target. This will progress in phases - i.e. the target will move to 5 best performances in 4-5 years.
In order to develop a system for monitoring and analysing SADC country performance in line with the proposed macroeconomic targets, and to report progress towards growth and policy convergence, the Macro-Economic Performance and Prospects Report - MPP - was proposed. This will be an annual report that will review the performance of SADC member countries in line with the goal of regional convergence and will also recommend policies necessary for the attainment of the stated objectives. The Working Group resolved that a questionnaire on targets and policies over the short, medium and long run be prepared, and then completed by Member States.
Compliance with SADC wide targets will be based on moral suasion.
The meeting concluded that the definitions of economic variables should be compatible with global standards (UN System, IMF etc). Guidelines would therefore be prepared to assist member countries to fill the questionnaire and to ensure consistency.
Subcommittee were too extensive. This means that in order to realise the objectives, there needs to be proper coordination between the Macroeconomic Subcommittee on the one hand and forums such as Committee of Central Bank Governors, the Subcommittees on Taxation and Investment and the SADC Statistics Committee on the other. The Working Group proposed that the establishment of a Macro-Economic Cell be taken up with the Committee of Senior Treasury Officials. Since Mauritius chairs the subcommittee, the Macro-Economic Cell will be based in Mauritius.
The Working Group concluded that, sequential to ensuring effective macroeconomic co-operation, there is a need for the creation of a regional growth strategy. This strategy, while seeking to improve economic activity in the SADC region, will also seek to minimise spill-over effects of national economic policies. This should be premised on the management of our economies in a manner that will achieve the objectives of stability, growth and development in all member countries. The longer-term view would be to pursue common macroeconomic policies, the impact of which could be measured by the agreed targets for specific indicators.
The SADC Committee of Stock Exchanges, consisting of all the Southern African exchanges, is working together to promote investment in the SADC region. The Committee aims to make the entire region more accessible to international investors through harmonisation and adherence to international standards (in terms of listing rules, clearing and settlement procedures, etc.) The Committee also aims to foster greater cross-border activities between the exchanges, making use of instruments such as depository receipts and dual listings.
At their most recent meeting, in October in Gaborone, the SADC stock exchanges finalised their discussions on harmonising their listing requirements with those of the Johannesburg Stock Exchange (JSE). It is anticipated that by early next year all the stock exchanges will have completed the process, whereupon the Committee plans to issue a public notice to this effect in the hope that this will encourage dual listings. There are also plans to harmonise bond listing requirements in the future.
The Committee also initiated a project on Electronic Clearing and Settlement. After a recommendation by the Fidiration Internationale des Bourses des Valeures (FIBV), the exchanges decided that the central depository and clearing system operating in Mauritius should be used in all exchanges currently without such a system. However, this excludes the JSE, which is putting its own system in place, and the Namibian Stock Exchange, which plans to utilise the JSE's systems. Funding still needs to be procured for this project as most of the participating exchanges are small and have very limited resources. The estimated cost of the project is US$1.9 million.
A contentious issue brought up at the meeting was the South African Financial Services Board's (FSB's) regulations regarding investing on SADC exchanges. The FSB only recognises exchanges that are members of the FIBV, and as such, South African institutional investors are not allowed to invest on any of the other SADC exchanges (South Africa is the only exchange in SADC to belong to the FIBV). The Committee expressed concern about this, however, as membership of the FIBV is costly. The FSB did, however, agree to bilateral recognition of SADC exchanges, provided that they met certain criteria. The Zimbabwe Stock Exchange has already approached the FSB in this regard.
The Committee also aims to harmonise educational standards of market practitioners. It was agreed that the Registered Persons' Exam, as written in South Africa, is an appropriate entrylevel examination for all exchanges. Ways and means of making this examination available in all countries are being investigated.
The Committee of Governors of Central Banks in SADC held its seventh meeting in South Africa on 23 October 1998. With the accession of the Democratic Republic of the Congo and the Republic of Seychelles, the Committee currently consists of fourteen central banks. The two new members will attend the next meeting of the Committee. Representatives of all the other member central banks attended the meeting, as did representatives from the Finance and Investment Sector Co-ordinating Unit (FISCU), the SADC Secretariat, the SADC Banking Association and the Committee of Stock Exchanges in SADC.
The Committee discussed the current international financial situation and the effects of the international currency turmoil for the countries of Southern Africa.
Members exchanged views on the practices and policies followed by each central bank in respect of the provision of accommodation to banking institutions. There is a general inclination to move more towards indirect market-based policies and away from direct controls.
Attention was also given to the very important subject of Year 2000 compliance with computer and information technology services. A workshop of officials of central banks will be held in South Africa in the beginning of December 1998 to assist central banks with their internal adjustment programmes.
A database consisting of statistics from SADC central banks has been available since last year. There are now further plans to improve the database, including dealing with various types of interfaces, creating the data links and conversions required for electronic data dissemination and also creating the SADC Economics and Statistics interactive web. The IT Forum will provide training and technical assistance in the use of the interactive web, which will enable central banks to update their statistics online. It is anticipated that this phase of the project will be completed by January next year. The SADC Payments Systems project, which aims to develop efficient payments systems in all Southern African countries, is also working on a framework for a project interactive website. The intention is that this website would be the working area of the larger project team where they could share information and discuss issues.
Governors also discussed the issue of exchange controls.
Last year, a report was submitted to the Governors on the status of exchange control regulations in SADC, and recommending that central banks should work towards a certain degree of liberalisation. Countries were rated according to their degree of liberalisation. This year the report was updated, reflecting no change in the overall average rating for all SADC countries. In four member states - Mozambique, Namibia, South Africa and Tanzania - there have been further relaxations of exchange controls. The situation has remained unchanged in four other member states, namely Botswana, Malawi, Mauritius and Zambia. There has, however, been a tightening in Angola, Lesotho, Swaziland and Zimbabwe (although the increases in the ratings for Angola and Lesotho are very small). The Subcommittee on Exchange Control, who compiled the report, has also been asked to assess the impact of the global financial crisis on recommended exchange control policy. New SADC members, the Democratic Republic of Congo and the Seychelles, will be included in next year's report.
Regarding cooperation in the area of training for central bank officials, a Training and Development Forum has been established. The forum will serve as a platform for the exchange of information and will coordinate all training initiatives. The South African Reserve Bank Training Institute and the Bank of Tanzania Training Institute currently provide the training. It is envisaged that training programmes will be revised, and geared towards meeting the specific needs of officials in central banks in the region. A needs analysis was carried out last year, and will serve as a guideline for structuring the training course.
The Committee of Governors approved two new initiatives at the meeting. The first is a project on the role of SADC central banks in the operations and development of money markets in the region. A study will be undertaken by the South African Reserve Bank, covering such topics as the present structure of money markets in the region, legal and supervisory requirements, the involvement of central banks in the support and operations of money markets, and the effect of monetary and exchange rate policies (including exchange controls) on money market development. The study will also make policy recommendations. The second new initiative is interaction in the field of protective services in SADC central banks. This involves the creation of a platform to facilitate and promote interaction among the protective services in SADC central banks, with a view to exchanging information about problems, advances in technology and new developments in the region. Protective services include such aspects of central banking as the protection of staff and assets, information security, prevention of money laundering and forgery, training of security personnel and pre-employment screening. A workshop will be convened in the near future to determine a framework for interaction in this area.
The IT Forum provided Governors with an update on their activities. Work has commenced on a common application architecture for bank supervision in the region and it is anticipated that the first common application subsystems will be available to central banks in the region by May 1999. A workshop will be held early next year on Year 2000 compliance and technology and business systems awareness.
Co-operation in banking supervision is already organised by a separate forum called the East and Southern African Banking Supervisors Group (ESAF), which has been meeting since 1993. At present ESAF consists of 16 member countries, with all SADC countries except the Democratic Republic of Congo being members. The main objective of this group is to harmonise banking legislation and banking supervision practices and share information on matters regarding banking supervision. ESAF is currently working on issues such as the adoption of the 25 Core Principles on Banking Supervision, harmonising banking supervision and accounting standards, sharing information on relevant topics, and capacity building for bank supervisors.
The Committee of Stock Exchanges in SADC and the SADC Banking Association submitted progress reports on their activities and the Committee of Governors noted the substantial progress that these autonomous committees had made in fostering regional co-operation in their respective fields. These organisations will continue to liase with and report to the Committee of Governors.
The Committee of Governors also noted and discussed progress with the drafting of a SADC Finance and Investment Protocol, and will continue to assist the SADC Committee of Ministers for Finance and Investment in SADC in this regard.
The Committee's next meeting will be held in Swaziland towards the end of March 1999.
The SADC Development Finance Institutions Subcommittee held its third meeting in Harare, on the 27th August, 1998.
A report of the July Ministerial Meeting in Namibia was discussed in light of the subcommittee's specific requests to the Ministers. The Ministers had considered the committee's request to report as a fully-fledged committee and had decided that reporting lines should be retained through the Committee of Senior Treasury Officials. The sub-committee also recognised the intended formation of structures, including the DFI Network, the DFI Resource Centre, a possible SADC development fund and a committee of DFI Chief Executive Officers.
The Committee then considered the proposed action plan leading to the development of the SADC Finance and Investment Protocol, which should reflect the needs and aspirations of all the stakeholders of the sector.
The committee considered the recommendations of the studies on the formation of a regional development fund and the DFI Resource Centre. Consensus was reached that position papers need to be written. These papers should clearly articulate the Fund's objectives and make recommendations on the capitalisation and management. The process is expected to actively involve all the SADC DFIs. On the basis of these studies, an agenda for cooperation could be identified. Appropriate institutional arrangements need to be defined and negotiated, the competitive edge of the existing funds needs to be determined, and the net benefits to the national DFIs need to be quantified.
The DFIs' secretariat is expected to present a discussion paper on this topic at the committee's next meeting.
The terms of reference submitted to the July ministerial meeting was accepted and will henceforth form the basis for promoting deeper economic co-operation and integration in the area of development finance.
The committee also considered the constitution of the SADC DFI Network. A memorandum of understanding (MoU) was prepared and discussed. The MoU encompassed three broad topics: structure of the DFI network, powers of the proposed structures within the DFI network and financing of DFI network and support structures.
A paper was also prepared for the meeting of the DFI CEOs providing background information to the proposals, various scenarios regarding the functioning of the DFI network and a MoU for their consideration and signing.
The Committee of Ministers responsible for Finance and Investment in SADC, met in Namibia in July 1998, and approved a strategic issues document articulating a roadmap for the development of the Sector's protocol.
The Ministers approved the proposed course of action, which advocated a "bottomup" consultative process involving all the sector's stakeholders. The process involved the formation of a core set of principles, which would be gradually built upon over time through the development of memoranda of understanding and annexures.
The core set of principles was to be developed by the next ministerial meeting scheduled for mid-1999 for their consideration and endorsement.
The Ministers resolved that a comprehensive financing strategy for all the sectoral activities, be devised, articulating the financing needs of the sector committees over a three-year period. The protocol development process is intricately intertwined with the outcome of the sector's financing strategy. Finalisation of the financing strategy will ensure speedy progress in the protocol development process.
SADC Finance Ministers had a number of opportunities to meet during the annual IMF/World Bank meetings in Washington in October. A progress report on the activities of the various subcommittees was prepared by FISCU, and Ministers discussed some of the issues raised in the report. The Sector's relationship with donors was also discussed, as well as certain problems that FISCU had experienced in obtaining funding for the protocol, which had become a matter of urgency. In light of these problems, Ministers directed that FISCU should not approach donors on a project-by-project basis, but instead should prepare a 3year funding strategy document detailing the financing needs of the sector. Also on the agenda was the Y2K problem, and Ministers were urged to raise the issue with their colleagues.
On IMF/World Bank issues, particular mention was made of the assistance for post-conflict countries and the Highly Indebted Poor Countries (HIPC) Initiative. The Ministers agreed that SADC should be united on the debt issue, and that it was imperative that SADC find a way of addressing the concerns of at least three SADC economies - Malawi, Tanzania and Zambia. The debt situation in these countries was considered to be critical, and could lead to riots and political chaos.
Ministers Manuel (South Africa), Yona (Tanzania), Nawakwi (Zambia) and Chilumpha (Malawi), and the Governor of the Central Bank of Malawi, also met with Chancellor Gordon Brown while in Washington. The agenda was focused primarily on the debt problem, with the SADC representatives lobbying for the UK's support on the issue. Chancellor Brown agreed on the need for a different and more flexible approach to debt relief, but pointed out that in the G7 there would be certain member countries which would be difficult to persuade. He was careful to emphasise that the HIPC initiative cannot be altered, and that the question for SADC member states in distress was that of options which could be used to extend the funding package.
The working group of the subcommittee on investment got off to a shaky start in its meeting held in Namibia, during October this year. The working group, comprising of about seven member countries, was represented by only three countries. The meeting's main aim was to draft a work programme as part of the subcommittee's input into the proposed SADC Finance and Investment Protocol.
The major issue discussed at the meeting was the key principles that are to form the investment provisions of the envisaged Protocol. (A 1994 draft, though without precise guidelines on investment related matters, was nonetheless used to kick-start the process.) Having made very little headway in this area, in terms of contributions by various stakeholders, further efforts will be taken to spur the initiative forward, and an action letter has therefore been dispatched to participating investment promotion agencies for their comments and contributions.
The inputs are crucial as guideposts to ensure that when the actual investment-related text of the protocol is written it closely follows the parameters set by the subcommittee.
Other issues were the creation of an integrated website (with an embedded database) as a device for promoting a positive image of the SADC region and to serve as an information centre on existing investment opportunities and projects. Additionally, it was felt that in order to carry out effective marketing strategies, professional and well-trained personnel is indispensable. For this reason, organisations or institutions that may be of assistance in providing training programmes, will be identified. The various agencies have therefore been requested to provide a list of names of such organisations or institutions.
The role of regional government in strengthening the activities of investment promotion agencies was also considered. While the regional agencies differ in their relationships with other government agencies or structures, it was agreed that the role of investment agencies would not bear results without government support for their activities. Apart from financial and capacity constraints, which indeed are significant on their own, the lack of priority given to investment issues in the overall macroeconomic policies of regional countries was viewed with concern. The subcommittee has resolved to devise an awareness strategy, which will involve some collaboration with the Macroeconomic Policy Subcommittee.
However, in spite of the unfortunate situation, there is optimism that in the forthcoming meeting the working group will do everything in its power to make up for lost time. The next meeting of the working group is scheduled for early next year. The Subcommittee is to meet around June of the same year.
The Southern African Transport and Communications Commission (SATCC) Committee of Ministers met in June and noted the seriousness of the Year 2000 (Y2K) Computer problem. The Ministers directed SATCC Technical Unit (SATCC-TU) to convene a cross-sectoral meeting to address the problem and also decided to brief the SADC Council of Ministers about the problem.
A conference was organised by the Y2K Support Centre of South Africa and SATCC-TU under the auspices of the Information for Development (InfoDev) department of the World Bank, and took place on August 20-21 in Cape Town. The conference provided guidelines for the formulation of regional strategic plan and further proposed the appointment of Y2K National Co-ordinators in each member country. A regional coordinating mechanism was to be provided by the SATCC-TU as well as key actions to be taken within the plan.
In its September meeting in Mauritius, Council deliberated at length on the Year 2000 computer problem. SATCC-TU, assisted by the SADC Secretariat and FISCU, was directed to spearhead and coordinate a regional strategy for addressing the problem. This is to be done through exchange of information or devising strategies with a collective approach to the problem. Further, Council requested the SADC Committee of Central Bank Governors to provide leadership in this initiative.
In their deliberations during the annual meetings of the IMF and World Bank in Washington, the SADC Ministers for Finance and Investment reiterated the position of Council and further requested participation by the Central Bank Governors in this initiative.
SADC Central Bank Governors held their biannual meeting on 23 October 1998. Though appreciating the Ministerial request in this regard, the Governors agreed to assist wherever necessary but felt unable to assume the leading role as requested. The Governors cited the time frame, skills and manpower availability as the major constraints. However, the Governors agreed to provide logistical support and sharing of ideas on matters around the problem. Governments were urged to allocate resources to address the issue and take into consideration private sector participation. The Governors are also currently conducting a project on Year 2000 compliance which they monitor and evaluate periodically.
A meeting of National Coordinators within SADC is scheduled for December 1998 to develop a regional strategic plan for theY2K problem and review progress since the last meeting held in Cape Town. The meeting will also assess the state of readiness by the member states in achieving Y2K compliance at the national level.
Resource availability i.e.
Added international support will also be considered, and regional co-ordination processes and schedules determined.
The meeting is being organised and hosted by the Botswana National Y2K Forum through the Ministry of Finance in Botswana. The World Bank through InfoDev, will participate and play an active role in this meeting. The DBSA, which has a keen interest on the matter and is a potential sponsor of regional initiatives, will also be in attendance.
Negotiations for a successor agreement to the Lomé Convention were opened on 30 September 1998.
Convention, and the implications of a new arrangement for SADC countries.
The Lomé Convention is an agreement between the European Union (EU) and the African, Caribbean and Pacific (ACP) countries, covering trade, aid and development co-operation. Included in the Lomé package for the ACP countries is preferential access to EU markets, along with various forms of financial and technical assistance. Lomé IV is due to expire in 2000 however, and due to changes in the global political and economic climate, it is envisaged that the new agreement will differ substantially from its predecessor. This is a move that comes largely from the EU side; the ACP countries would ideally like the status quo to remain in place.
The outcome of the post-Lomé negotiations will have major implications for the SADC countries, which are all, with the exception of South Africa, party to the Lomé agreement. This article examines specifically the financial aspects of ACP-EU cooperation, and considers some of the implications of a new agreement in this context. I argue that the SADC and the ACP as a whole need to take a stronger stand on some of these issues. Trade preferences are not sufficient to promote economic development and poverty alleviation, and it is imperative that aspects such as official development assistance (ODA), debt relief and private sector development receive sufficient attention in a new agreement.
Trade not Aid?
The ACP countries have access to financial assistance from the EU through a range of instruments. There is a general perception that these schemes have had, at the very best, only moderate success in promoting development in the ACP countries1. Reasons for this include a lack of coherence between the trade and aid components of Lomé, a lack of incentives for export diversification, administrative weaknesses in ACP countries, and the EU's complicated and bureaucratic disbursement procedures.
1 In the SADC context, Mauritius is a definite exception here.
Both the EU and the ACP agree on the need for some rationalisation and simplification of the aid instruments currently available. However, this is more or less where the consensus between the two parties ends.
The ACP (and SADC) states are faced with the harsh facts of global declining aid flows, growing disillusionment with the value of ODA in promoting development and perhaps also a certain afro-pessimism.
furthermore, the EU has increasingly become an important donor. In SADC countries, financial assistance from the EU has particularly benefited rural development, fisheries, social sectors and transport and communications. The EU is also an important donor from a regional integration perspective, helping to finance the rehabilitation of Beira port, the trans-Caprivi highway and the Cahora-Bassa/South Africa transmission lines, among other things. However, increased spending pressures within Europe will mean that budgetary allocations for foreign aid are likely to decline after 1999. Furthermore, the EU is advocating a shift from "contractuality" in foreign aid to "autonomous action", meaning that aid will be given as and when it is needed, rather than on a contractual basis. This translates into a lack of predictability for ACP countries, placing them in an even more precarious position.
In contrast to gloomy perceptions of financial mismanagement and poor results, a recent World Bank report on aid highlights the valuable role that aid can play in promoting development provided it is allocated in the correct manner. Factors influencing the effective use of aid in developing countries include open trade regimes, secure private property rights, an absence of corruption, respect for the rule of law, social safety nets and sound macroeconomic and financial policies. The list of developing countries capable of meeting these criteria is increasing while, ironically, development assistance has dropped by one-third in real terms since 1990.
The "trade not aid" argument often put forward by developed countries is therefore a flawed one. It is all very well to provide trade preferences but many ACP states are not at a sufficient level of advancement to be able to make the best use of those preferences. However, ODA has an essential role to play in promoting development, and thus the capacity to trade. The ACP can therefore use the negotiations with the EU to lobby against declining aid flows, and to encourage all EU member states to meet the aid target of 0.7% of GNP, as suggested by the OECD.
What aid flows and other means of assistance need to prioritise is the development of the private sector. Currently this is addressed by Lomé through the national or regional indicative programmes, loan financing through the European Investment Bank (EIB), and through the Centre for the Development of Industry (CDI), which provides for transfer of technology, knowhow and investment, as well as financial assistance. There is a general feeling that these programmes have missed the mark, however.
One of the main criticisms of the EU's programmes is that they haven't been adequately linked to Lomé's trade provisions. For example, many SADC countries haven't taken full advantage of their preferential access to EU markets because of supplyside constraints (poor infrastructure, bottlenecks, lack of human capacity, etc.) However, there has been no coherent attempt to address these constraints through other means of ACP-EU cooperation, such as financial/technical assistance or investment promotion. This is something that needs to be considered in a new agreement.
The EU has proposed dividing the ACP countries into regions, each region having its own free trade area and its own partnership agreement with the EU. The effects of this proposal on industry and trade in the SADC region are controversial and will not be discussed here. However, an EU-SADC free trade area (devised over an appropriate time frame) may well impact positively on the region's investment climate2, due to the linking of SADC countries to a stable, powerful economic bloc. This factor needs to be borne in mind by the SADC countries when considering a position on this proposed "regionalisation".
One regional co-operation initiative currently in the planning stages is the EU-SADC Investment Promotion Programme (ESIPP).
2 It is not clear whether the EU would want to enter into FTA negotiations with SADC on its own or with the entire sub-Saharan Africa. Furthermore, whether a SADC-EU FTA would include South Africa is an important point which I was unable to find an answer to.
forums, (ii) strengthening institutions involved in investment promotion and facilitation, and (iii) developing a network to facilitate permanent communication links between EU and SADC businesses. In this instance, a regional approach to investment promotion certainly makes more sense. It is therefore important for SADC to ensure that the concept of ACP unity, one of the cornerstones of the ACP's negotiating positions, is flexible.
There is also a possibility that the EU will want to negotiate an investment promotion and protection agreement with ACP member states. As members of the OECD, EU member states are likely to favour an agreement along the lines of the Multilateral Agreement on Investment (MAI). The MAI has generated much controversy and SADC countries should be wary of being pushed into a similar agreement too easily. A proactive approach to the MAI by both the ACP and SADC is therefore essential in the context of the post-Lomé negotiations.
More debt relief?
ACP countries need to take a hard line on debt relief. The ability of a country to actively participate in global markets is to a large extent determined by its productive capacity. The latter is highly influenced by the nature and strength of that country's economy. For many ACP countries, which spend about 50% or more of their budget servicing their debt, preferential market access is not addressing the core of their economic problems.
The ACP states see the negotiations for a successor agreement to the Lomé Convention as an opportunity to lobby for debt relief from the EU. While the EU is a relatively small multilateral creditor in global terms (with 5% of all outstanding multilateral debt), EU member states form the largest block of creditors within the OECD and collectively are owed a large share of developing country debt. Furthermore, the cancellation of ACP debt by the EU would put political pressure on other creditor nations to follow suit.
However, the European Commission doesn't feel that the post-Lomé negotiations are an appropriate forum for discussing the issue of debt relief, arguing that this is adequately covered by the Highly Indebted Poor Countries (HIPC) and the Paris Club initiatives. This point was made quite clear by Commissioner JoÃ£o de Deus Pinheiro in his speech at the recent SADC-EU Ministerial Conference, although he did also mention the EU's willingness to assist in will be affected by them. It is responsible for the group of capacity-building with regard also up to us to make an active English-speaking sub-Saharan to debt management. contribution to the debate. In African countries.
ACP states should also striking how much material was once her secondment is over.
Manuel Marin's ill-fated debt sources, but very little from FISCU would like to take this relief initiative in 1990. Marin's ACP countries. opportunity to wish Bongi the proposal to write off all ACP Notwithstanding the best of luck in her new job.
Commission and the European ACP and the EU, the EU new life in Washington!
and Germany opposed it.
Another proposal for debt most.
the Directorate-General for around.
Affairs and the European of Finance.
Investment Bank.
EU side that the ACP-EU Minister Ronald Penza passed Johannesburg negotiations are an appropriate away on the 6 November.
forum for discussing debt relief. FISCU would like to express Council Conference for Africa, its sincere condolences to the Pretoria.
The urgency and seriousness of family and friends of Mr Penza.
that ACP countries do FAREWELL Early February: Committee of everything they can to ensure The Director of FISCU, Bongi Governors Statistics that debt relief appears on the Kunene left us in mid- Workshop.
agenda of the negotiations.
the major objective of Lomé Bank on a secondment.
ACP countries, then the issue inception and can take the February: Subcommittee of of debt can hardly be ignored.
Conclusion it is today.
If you have any queries about the Finance and Investment Sector, is you have an event you would like to include in our forthcoming events column, or if you have any views you would like to air, please feel free to contact us.
Phakamani Hadebe (Deputy-Director): 3155651 E-mail: hadebep@finance.pwv.gov.za Badala Mamba (Deputy-Director): 3155798 E-mail: mambab@finance.pwv.gov.za Huntly Pringle (Project Manager): 3155798 E-mail: hpe1@mweb.co.za Themba Zulu (Economist): 3155653 E-mail: zulut@finance.pwv.gov.za Rosalind Mowatt (Economist): 3155951 E-mail: mowattr@finance.pwv.gov.za Veronica Sethu (Secretary): 3155395 E-mail: sethuv@finance.pwv.gov.
<fn>GOV-ZA.199851En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.199899mntactregulationsEn.2012-02-10.en.txt</fn>
(Regulation Gazette No.
Under section 47 of the Maintenance Act, 1998 (Act No. 99 of 1998), I hereby fix 26 November 1999 as the date on which the said Act, with the exception of section 5 and section 7(1)(d) and (2), shall come into operation.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this third day of November, One thousand Nine hundred and Ninety-nine. T.M.
The Minister of Justice has, under section 44 of the Maintenance Act, 1998 (Act No. 99 of 1998), made the regulations in the Schedule.
"sheriff" means a person appointed under section 2(1)of the Sheriffs Act, 1986 (Act No.
"the Act" means the Maintenance Act, 1998 (Act No. 99 of 1998).
Any complaint that any person legally liable to maintain any other person fails to maintain the latter person, contemplated in section 6(1)(a) of the Act, shall substantially correspond with Form A of the Annexure.
A complaint for the substitution or discharge of a maintenance order, contemplated in section 6(1) (b) of the Act, shall substantially correspond with Form B of the Annexure.
appear on a specific time and date before him or her; and produce to him or her on the date of appearance information relating to the complaint and documentary proof of the information, if applicable.
(2)(a) A direction contemplated in subregulation (1) may be given in the manner the maintenance officer deems fit.
The maintenance officer shall keep record of the manner in which the direction was given.
Any person who fails to comply with a direction contemplated in subregulation (1) shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding six months.
for the person in whose favour a maintenance order is to be or was made as well as the person against whom a maintenance order may be or was made, shall substantially correspond with Part A of Form CI of the Annexure; and for other witnesses, shall substantially correspond with Part A of Form CII of the Annexure.
Part B of Form CI of the Annexure shall be. completed by the opposing party.
The service of a subpoena referred to in subregulation (1) shall be in accordance with the provisions of regulation 26(1).
A subpoena to the person against whom a maintenance order may be or was made must be accompanied by a document in the form set out in Form G of the Annexure.
subregulation 1 (b) shall substantially correspond with Part B of Form CII of the Annexure.
His or her reasonable actual expenses if he or she of necessity has to hire accommodation for the night.
has to make use of railway transport to attend the enquiry, he or she shall be issued with a rail warrant for a return ticket for the class in which presumably he or she would ordinarily travel or such other class as a maintenance officer may deem appropriate, and the decision of the maintenance officer in this respect shall be final; or makes use of railway transport without a rail warrant having been issued to him or her, an amount equal to the fare at government rate shall be paid to him or her: Provided that if a maintenance officer is satisfied that the payment of such amount would in any particular instance be unreasonable, he or she may order that an amount equal to the actual fair be paid to the person.
Whenever suitable railway transport is not available and a person against whom a maintenance order may be made makes use of any other means of public transport to attend the enquiry, an amount equal to the fare for the forward and return journey along the shortest convenient route shall be paid to him or her: Provided that if more than one such other means of public transport is available, the fair for the least expensive thereof shall be paid.
Whenever suitable public transport is not available and a person against whom a maintenance order may be made makes use of his or her own or hired transport to attend the enquiry, an amount for the forward and return journey along the shortest convenient route shall be paid, calculated at 50c per kilometre in respect of a motor vehicle, excluding a motorcycle, and at 42c per kilometre in respect of a motorcycle or any other means of conveyance.
Whenever suitable public transport is available and a person against whom a maintenance order may be made makes use of his or her own or hired transport to attend the enquiry, the amount referred to in subparagraph (d) may be paid for a forward and return journey not exceeding 300 kilometres: Provided that if a maintenance officer is satisfied that the circumstances in a particular instance justify the use of transport other than public transport for a distance in excess of 300 kilometres, he or she may order that the amount referred to in subparagraph (d) or such lesser amount as may be deemed equitable in the circumstances be paid for such longer distance, and the decision of a maintenance officer in this respect shall be final.
If a maintenance officer is satisfied that the use of such transport is warranted, he or she may grant approval for a person against whom a maintenance order may be made to make use of air transport at government expense to attend the enquiry.
A statement in writing by a person, other than a person against whom a maintenance order may be made, contemplated in section 12(1) of the Act, shall be signed by the person who made it; and contain a declaration by such person to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement knowing that he or she may be guilty of an offence if he or she willfully stated anything therein which he or she knew to be false.
If the person who makes a statement in terms of subregulation (1) cannot read such statement, the statement shall be read to him or her by the person taking down the statement before the statement is signed by the person making the statement; and be endorsed by the person who so read the statement to the effect that it was read.
A notification, contemplated in section 12(2)(c) of the Act, to the person against whom a maintenance order may be or was made requiring his or her consent for the admission of a statement as evidence, shall substantially correspond with Form D of the Annexure.
Any order of a court made under Chapter 4 of the Act, excluding an order contemplated in section 17 or 18 of the Act, shall substantially correspond with Form E of the Annexure.
(1)(a) A notice, contemplated in section 16(3)(a) of the Act, to any person who is obliged by any contract to pay money on a periodical basis to a person against whom a maintenance order has been made, shall substantially correspond with Part A of Form F of the Annexure.
The service of a notice referred to in paragraph (a) shall be in accordance with the provisions of regulation 26(1) or (2), as the case may be.
The return of service of a notice referred to in paragraph (a), if such notice is served in accordance with the provisions of regulation 26(1), shall substantially correspond with Part B of Form F of the Annexure.
(2)(a) A notice, contemplated in section 16(3)(b) of the Act, by a person referred to in subregulation (1) and who has been discharged from his or her contractual obligation, shall substantially correspond with Part C of Form F of the Annexure.
A notice referred to in paragraph (a) shall be submitted to the maintenance officer of the court where the maintenance order was made in any manner convenient to the relevant person, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted.
The consent of a person against whom a maintenance order may be made, contemplated in section 17 of the Act, shall substantially correspond with Part A of Form G of the Annexure.
Any order made in accordance with the consent referred to in subregulation (1) shall substantially correspond with Part B of Form G of the Annexure.
The return of a maintenance officer, police officer, sheriff or maintenance investigator showing that a copy of an order by consent referred to in subregulation (2) was delivered or tendered to the person who consents to the maintenance order, shall substantially correspond with Part C of Form G of the Annexure.
An order by default, contemplated in section 18(1) of the Act, shall substantially correspond with Part A of Form H of the Annexure.
A notice to the person against whom an order by default, referred to in subregulation (1), was made shall substantially correspond with Part B of Form H of the Annexure.
The return of a maintenance officer, police officer, sheriff or maintenance investigator showing that a copy of an order by default referred to in subregulation (1) was delivered or tendered to the person against whom the order was made, shall substantially correspond with Part C of Form H of the Annexure.
(4)(a) An application for the variation or setting aside of an order by default, contemplated in section 18(4)(b) of the Act, shall substantially correspond with Part A of Form I of the Annexure.
A notice of an application for the variation or setting aside of an order by default, contemplated in section 18(4)(c) of the Act, to the person in whose favour such order was made, shall substantially correspond with Part B of Form I of the Annexure.
A person who applied for the variation or setting aside of an order by default shall submit a notice referred to in paragraph (b) to the person in whose favour the order was made in any manner convenient to him or her, subject thereto that the person who submits it the notice shall keep record of the manner in which the notice was submitted.
the person in whose favour the maintenance order has been made; and the person on whom a notice referred to in section 16(3)(a) of the Act has been served, of the variation or the setting aside of the order by a notice which shall substantially correspond with Form J of the Annexure.
The maintenance officer shall keep record of the manner in which the notice referred to in subregulation (1) was submitted.
in the case of an order substituting a maintenance order, record the particulars of the new order on the order which is being substituted; and in the case of an order discharging a maintenance order, record on the order which is being discharged that the order has been discharged.
The clerk of the court where a maintenance order was issued shall, when the maintenance order is to be transferred in terms of section 23(1) of the Act retain certified copies of all orders or judgements, including previous amended orders, and documents with regard to the record of payment which are applicable to the particular case; and send by registered post all the original documents referred to in paragraph (a) to the clerk of the maintenance court where the person in whose favour the maintenance order was made resides.
On receipt of the maintenance order referred to in subregulation (1), the clerk of the maintenance court shall register the order by numbering it with the following consecutive number for maintenance cases for the year during which it was received.
15.(1) An appeal in terms of section 25 of the Act shall be noted within 20 days of the date of the order appealed against and a cross-appeal shall be noted within seven days of the noting of the first-mentioned appeal.
An appeal or cross-appeal shall be noted by delivery, within the period prescribed in subregulation (1) to the clerk of the maintenance court concerned and to the other party, of a notice stating whether the whole or part only of the order is appealed against and, if a part only, then what part; and the grounds of appeal, specifying the findings of facts or rulings of law appealed against.
his or her reasons for any ruling on any question of law or for the admission or rejection of any evidence so specified as appealed against.
(a) The clerk of the maintenance court concerned shall, notwithstanding the provisions of regulation 24(3) (b), if the proceedings at an enquiry were taken down or recorded in shorthand or by mechanical means and an appeal has been noted, forthwith cause the shorthand notes or the mechanical record of the proceedings to be transcribed.
The person who noted an appeal shall bear the costs of the transcription contemplated in paragraph (a): Provided that if the maintenance officer is satisfied that such person is unable to pay the costs, the costs or part of it shall be paid by the State.
After an appeal has been noted in terms of subregulation (1) the appeal shall be prosecuted as if it were an appeal against the decision of a magistrate in a civil matter and the rules regulating the conduct of the proceedings of the several provincial and local divisions of the High Court in so far as they relate to civil appeals from the magistrates' courts shall, with the necessary changes, apply to any such appeal.
The clerk of the maintenance court shall transmit the record of the proceedings at the enquiry, certified by the presiding officer as a true record of proceedings, or a transcription of any shorthand notes or mechanical record of such proceedings, certified as prescribed by regulation 24(3)(c), to the registrar of the division of the High Court concerned within seven days of the receipt by him or her of a notice that the appeal has been set down for hearing.
If the person in whose favour a maintenance order may be or was made notes an appeal or cross-appeal, as the case may be, and he or she cannot afford legal representation he or she shall inform the clerk of the maintenance court accordingly.
within seven days of the receipt by him or her of a notice that the appeal has been set down for hearing notify the Director of Public Prosecutions concerned accordingly.
an order for the attachment of emoluments; or an order for the attachment of any debt, contemplated in section 26(2)(a) of the Act, shall substantially correspond with Form K of the Annexure.
substantially correspond with Form L of the Annexure; and be prepared in triplicate.
The person in whose favour the order was made shall prepare Part A of Form L of the Annexure and thereafter lodge the said form with the clerk of the maintenance court concerned.
On receipt of the warrant of execution referred to in subregulation (2) the clerk of the maintenance court shall issue the warrant of execution if he or she is satisfied that authorisation for the issuing of a warrant of execution was granted; and the warrant of execution has been properly prepared, by preparing Part B of Form L of the Annexure.
The clerk of the maintenance court shall after the warrant of execution has been issued return the original warrant of execution and one copy thereof to the person in whose favour the order was made; and file the second copy of the warrant of execution in the relevant file.
Any change on the warrant of execution shall be initialled by the clerk of the maintenance court.
The person authorised to execute a warrant of execution shall complete Part C and, if applicable, Part D of Form L of the Annexure and return the form to the clerk of the maintenance court.
A maintenance investigator or maintenance officer shall submit to the person in whose favour the order was made particulars of the person authorised to execute the warrant of execution.
An application for the setting aside of a warrant of execution by a person against whom such warrant has been issued, contemplated in section 27(3) of the Act, shall substantially correspond with Part A of Form M of the Annexure.
(2)(a) A notice of an application for the setting aside of a warrant of execution, contemplated in section 27(6)(a) of the Act, shall substantially correspond with Part B of Form M of the Annexure.
A person who applied for the setting aside of a warrant of execution shall submit the notice referred to in paragraph (a) to the person in whose favour the warrant of execution was issued in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted.
An application for the suspension, amendment or rescission of an order for the attachment of emoluments, contemplated in section 28(2) (a) of the Act, shall substantially correspond with Part A of Form N of the Annexure.
A notice of an application for the suspension, amendment or recission of an order for the attachment of emoluments, contemplated in section 28(2)(b) of the Act, shall substantially correspond with Part B of Form N of the Annexure.
A person who applied for the suspension, amendment or recission of an order for the attachment of emoluments shall submit the notice referred to in paragraph (a) to the person in whose favour the order for the attachment of emoluments was made in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted.
(3)(a) A notice, contemplated in section 29(1) of the Act, to an employer shall substantially correspond with Part A of Form O of the Annexure.
The return of service of a notice referred to in paragraph (a), if the notice is served in accordance with the provisions of regulation 26(1), shall substantially correspond with Part B of Form O of the Annexure.
A notice, contemplated in section 29(2) of the Act, by the employer that the person against whom the order for the attachment of emoluments was made has left his or her service, shall substantially correspond with Part C of Form O of the Annexure.
The notice referred to in paragraph (a) shall be submitted to the maintenance officer of the court where the order was made in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted.
An application for the suspension, amendment or rescission of an order for the attachment of debts, contemplated in section 30(2) of the Act, shall substantially correspond with Part A of Form P of the Annexure.
A notice of an application for the suspension, amendment or recission of an order for the attachment of debts, contemplated in section 30(2) of the Act, shall substantially correspond with Part B of Form P of the Annexure.
A person who applied for the suspension, amendment or recission of an order for the attachment of debts shall submit a notice referred to in paragraph (a) to the person in whose favour the order for the attachment of debts was made in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted.
A complaint regarding a failure to make a payment in accordance with a maintenance order shall substantially correspond with Form Q of the Annexure.
The clerk of the court shall submit a certified copy of an order made by the court in terms of section 40 of the Act to the clerk of the civil court for registration of such order.
register the order referred to in subregulation (1) by numbering it with the following consecutive case number for the year during which it is registered; and inform the maintenance officer of the maintenance court where the maintenance order was made and the person in whose favour the order was made of the registration and the number of the case.
The provisions of the Act relating to civil execution shall, with the necessary changes, apply in respect of the execution of an order referred to in subregulation (1).
any maintenance order, including any provisional maintenance order as defined in the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act No. 80 of 1963) and the Reciprocal Enforcement of Maintenance Order (Countries in Africa) Act, 1989 (Act No.
any evidence given at the enquiry and of any objection to any evidence given or tendered at the enquiry and of any ruling by the court; and the proceedings generally.
The maintenance court shall mark each document put in evidence and note such mark on the record.
The statement by an officer presiding at an enquiry referred to in regulation 15(3) shall become part of the record.
(3)(a) The proceedings at an enquiry shall be recorded by the officer presiding at the enquiry or by any person appointed or designated thereto by the court, either generally or specially for the purpose of a particular enquiry, to take down or record the proceedings in shorthand or by mechanical means.
No shorthand notes or mechanical record of the proceedings shall be transcribed unless an officer designated to preside in the court concerned otherwise directs.
Any shorthand notes or any transcription thereof or any mechanical record of the proceedings shall be certified as true notes of such proceedings or as a true transcription of such notes or record by the person taking down such notes or making such record or transcription, as the case may be, and any such transcription shall thereupon become part of the record of the proceedings.
No person other than an officer in the Public Service, a person against whom a maintenance order has been or is to be made, a person in whose favour a maintenance order has been or is to be made, or the legal representative of any such person shall have access to any record referred to in this regulation, except with the leave of the presiding officer then holding office in the court in which the enquiry is to be or was held.
The record of the proceedings at a maintenance enquiry shall be accessible on payment of the fees prescribed in Table E of Annexure 2 to the Magistrates' Courts Rules.
file one photograph in the relevant maintenance file; and attach the other photograph to the relevant maintenance cards, if such a system is in use or appropriately deal with such other photograph in the manner he or she deems fit.
The maintenance officer may make a photograph of a person against whom the maintenance court has made a maintenance order available to any person exercising or performing any power, duty or function in terms of the Act.
The photographs of a person against whom the maintenance court has made a maintenance order shall become part of the maintenance record.
in the case of a juristic person, at its registered office or main place of business within the area of jurisdiction of the court concerned, to a director or a responsible employee thereof.
A police officer, sheriff or maintenance investigator shall, on request by the person on whom a document is served, exhibit to him or her the original of the document.
Where the person upon whom a document is to be or may be served keeps his or her residence or place of business closed and thereby prevents the police officer, sheriff or maintenance investigator from serving the document, it shall be sufficient to affix a copy thereof to the outer or principal door or security gate of such residence or place of business, or to place such copy in the postbox at such residence or place of business.
A notice referred to in regulation 9(1)(b) or 20(3)(b) shall be served by the maintenance officer or maintenance investigator upon the person referred to in the said notice by handing a copy of the notice to the said person personally and endorsing the original notice to this effect; or sending the notice by facsimile to the said person, in which case proof thereof must be kept, and by sending a copy of the notice by registered post to the said person.
These regulations shall be called the Regulations relating to Maintenance, and shall come into operation on 26 November 1999.
Part A must be completed by the person in whose favour the order was made.
Part B must be completed by the clerk of the maintenance court.
Parts C and D must be completed by the person authorised to execute this warrant.
<fn>GOV-ZA.1998CrossbEn.2012-02-10.en.txt</fn>
On 13 November 1997 the General Assembly of the United Nations adopted a resolution, co-sponsored by South Africa, recommending that States review their legislation on cross-border insolvency and in that review give favourable consideration to UNCITRAL's model law, bearing in mind the need for internationally harmonised legislation governing instances of cross-border insolvency. The resolution also recommended that all efforts be made to ensure that the Model Law together with the Guide to Enactment became generally known and available.
The Model Law was developed in close cooperation with the International Association of Insolvency Practitioners (INSOL) over a number of years and benefitted from its expert advice during all stages of the preparatory work. Active consultative assistance during the formation of the Law was also received from Committee J of the Section on Business Law of the International Bar Association. UNCITRAL and INSOL held two international colloquia of insolvency practitioners, judges, government officials and representatives of other interested sectors in Vienna and Toronto where it was suggested that the work of UNCITRAL should have the limited but useful goal of facilitating judicial cooperation, court access for foreign insolvency administrators and recognition of foreign insolvency proceedings. Before the session of the Commission in May 1977, at which the Model Law was adopted, another international meeting of practitioners was held in New Orleans to discuss the draft text prepared by a Working Group. The participants were mostly judges - including the Honourable Mr Justice Zulman who also participated in a number of the UNCITRAL sessions, judicial administrators and government officials. They generally considered that the model legislation, when enacted, would constitute a major improvement in dealing with cross-border insolvency cases. The Commission considered that the Model Law would be a more effective tool for legislators if it were accompanied by background and explanatory information.
A copy of the Guide to Enactment of the UNCITRAL Model Law on Cross-Border Insolvency is attached as ANNEXURE A. A proposed adaptation of the Model Law for enactment in South Africa, is attached as ANNEXURE B. In line with paragraph 12 of the Guide to Enactment as few changes as possible have been made in the proposed adaptation in order to strive for a satisfactory degree of harmonisation and certainty.
Further changes to the South African law on cross-border insolvency will be considered once a final report on the matter has been received from the Chairperson of the Commission's insolvency project committee, the Honourable Mr Justice Zulman.
Comments on the advisability of the enactment of the adaptation of the Model Law in ANNEXURE B and comments on further adaptations that are regarded as advisable and the reasons why they are regarded as advisable will be appreciated. Please submit your comments to the Commission by 30 June 1998.
Postal Address: Private Bag X668 Pretoria 0001 Telephone: (012) 322 6440 Fax: (012) 320 0936 E-mail: tcronje@salawcom.org.
<fn>GOV-ZA.1998CrossbannexaEn.2012-02-10.en.txt</fn>
Distr. GENERAL A/CN.
V. ARTICLE-BY-ARTICLE REMARKS 17 Preamble 18 CHAPTER I. GENERAL PROVISIONS Article 1. Scope of application ........................................ 19 Article 2. Definitions................................................ 22 Article 3. International obligations of this State............................ 25 Article 4. [Competent court or authority] ................................ 26 Article 5. Authorization of [insert the title of the person or body administering a reorganization or liquidation under the law of the enacting State] to act in a foreign State ............................................................ 28 Article 6. Public policy exception ...................................... 29 Article 7. Additional assistance under other laws........................... 30 Article 8. Interpretation ............................................. 30 CHAPTER II. ACCESS OF FOREIGN REPRESENTATIVES AND CREDITORS TO COURTS IN THIS STATE Article 9. Right of direct access ....................................... 31 Article 10. Limited jurisdiction......................................... 31 Article 11. Application by a foreign representative to commence a proceeding under [identify laws of the enacting State relating to insolvency] ................... 32 Article 12. Participation of a foreign representative in a proceeding under [identify laws of the enacting State relating to insolvency] .............................. 33 Article 13. Access of foreign creditors to a proceeding under [identify laws of the enacting State relating to insolvency] ................................... 34 Article 14. Notification to foreign creditors of a proceeding under [identify laws of the enacting State relating to insolvency] ................................... 36 CHAPTER III. RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF Article 15. Application for recognition of a foreign proceeding ................ 39 Article 16. Presumptions concerning recognition...........................
Article 17. Decision to recognize a foreign proceeding 43 Article 18. Subsequent information 46 Article 19. Relief that may be granted upon application for recognition of a foreign proceeding........................................................ 47 Article 20. Effects of recognition of a foreign main proceeding ................ 49 Article 21. Relief that may be granted upon recognition of a foreign proceeding .... 54 Article 22. Protection of creditors and other interested persons ................ 56 Article 23. Actions to avoid acts detrimental to creditors ..................... 58 Article 24. Intervention by a foreign representative in proceedings in this State....
Article 25. Cooperation and direct communication between a court of this State and foreign courts or foreign representatives 60 Article 26. Cooperation and direct communication between the [insert the title of a person or body administering a reorganization or liquidation under the law of the enacting State] and foreign courts or foreign representatives 61 Article 27. Forms of cooperation.......................................
CHAPTER V. CONCURRENT PROCEEDINGS Article 28. Commencement of a proceeding under [identify laws of the enacting State relating to insolvency] after recognition of a foreign main proceeding 65 Article 29. Coordination of a proceeding under [identify laws of the enacting State relating to insolvency] and a foreign proceeding 67 Article 30. Coordination of more than one foreign proceeding ................. 69 Article 31.
70 Article 32.
Introduction When the Commission at its thirtieth session (Vienna, 12-30 May 1997) finalized the UNCITRAL Model Law on Cross-Border Insolvency, it did not have time to consider the "draft Guide to Enactment of the UNCITRAL Model Provisions on Cross-Border Insolvency" (A/CN.9/436), as it had been prepared by the Secretariat on the basis of the draft Model Provisions on Cross-Border Insolvency (A/CN.9/435, annex) formulated by the Working Group on Insolvency Law. Since much of the material for the future Guide to Enactment was to be found in the report of the thirtieth session of the Commission (A/52/17, paras. 12-225) and other travaux préparatoires, the Commission requested the Secretariat to prepare a final version of the Guide to Enactment, reflecting the deliberations and decisions at the thirtieth session. The Commission mandated the publication of the final version of the Guide together with the text of the Model Law, as a single document (A/52/17, para. 220). The requested Guide to Enactment as prepared by the Secretariat is set forth in the annex to this document. The Guide and the Model Law will also be published by the United Nations in book form.
The UNCITRAL Model Law on Cross-Border Insolvency, adopted in 1997, is designed to assist States to equip their insolvency laws with a modern, harmonized and fair framework to address more effectively instances of cross-border insolvency. Those instances include cases where the insolvent debtor has assets in more than one State or where some of the creditors of the debtor are not from the State where the insolvency proceeding is taking place.
The Model Law reflects practices in cross-border insolvency matters that are characteristic of modern, efficient insolvency systems. Thus, the States enacting the Model Law (hereafter "enacting States") would be introducing useful additions and improvements in national insolvency regimes designed to resolve problems arising in cross-border insolvency cases. Not only jurisdictions that currently have to deal with numerous cases of cross-border insolvency but also those that wish to be well prepared for the increasing likelihood of cases of cross-border insolvency will find the Model Law useful.
The Model Law respects the differences among national procedural laws and does not attempt a substantive unification of insolvency law. It offers solutions that help in several modest, but nonetheless significant ways.
establishing rules for coordination of relief granted in the enacting State in favour of two or more insolvency proceedings that may take place in foreign States regarding the same debtor.
The project was initiated in UNCITRAL in close cooperation with the International Association of Insolvency Practitioners (INSOL) and benefitted from its expert advice during all stages of the preparatory work. Active consultative assistance during the formulation of the Law was received also from Committee J (Insolvency) of the Section on Business Law of the International Bar Association (IBA).
Prior to the decision by the Commission to undertake work on cross-border insolvency, UNCITRAL and INSOL held two international colloquia of insolvency practitioners, judges, government officials and representatives of other interested sectors.(1) The suggestion arising from those meetings was that work by the Commission should have the limited but useful goal of facilitating judicial cooperation, court access for foreign insolvency administrators and recognition of foreign insolvency proceedings.
When the Commission decided in 1995 to develop a legal instrument relating to cross-border insolvency, it entrusted the work to the Working Group on Insolvency Law, one of the Commission's three inter-governmental subsidiary bodies.(2) The Working Group devoted four two-week sessions to the work on the project.
Before the session of the Commission in May 1997, at which the Model Law was adopted, another international meeting of practitioners was held to discuss the draft text as prepared by the Working Group. The participants (mostly judges, judicial administrators and government officials) generally considered that the model legislation, when enacted, would constitute a major improvement in dealing with cross-border insolvency cases.
The final negotiations on the draft text took place during the thirtieth session of the Commission (Vienna, Austria, 12-30 May 1997) and the Model Law was adopted by consensus on 30 May 1997.(5) In addition to the 36 States members of the Commission, representatives of 40 observer States and 13 international organizations participated in the deliberations in the Commission and the Working Group.
The Commission considered that the Model Law would be a more effective tool for legislators if it were accompanied by background and explanatory information. While such information would primarily be directed to executive branches of Governments and legislators preparing the necessary legislative revisions, it would also provide useful insight to other users of the text such as judges, practitioners and academics. The Guide might also assist States in considering which, if any, of the provisions should be varied in order to be adapted to the particular national circumstances.
The present Guide has been prepared by the Secretariat pursuant to the request of the Commission made at the close of the thirtieth session of the Commission in 1997. It is based on the deliberations and decisions at that session of the Commission, when the Model Law was adopted (A/52/17, para. 220), as well as on considerations of the Working Group on Insolvency Law, which conducted the preparatory work.
A model law is a legislative text that is recommended to States for incorporation into their national law. Unlike an international convention, a model law does not require the State enacting it to notify the United Nations or other States that may have also enacted it.
In incorporating the text of the model law into its system, the State may modify or leave out some of its provisions. In the case of a convention, the possibility of changes to the uniform text by the States parties (normally referred to as "reservations") is much more restricted; in particular trade law conventions usually either totally prohibit reservations or allow only specified ones. The flexibility inherent in a model law is particularly desirable in those cases when it is likely that the State would wish to make various modifications to the uniform text before it would be ready to enact it as a national law. Some modifications may be expected in particular when the uniform text is closely related to the national court and procedural system (which is the case with the UNCITRAL Model Law on Cross-Border Insolvency). This, however, also means that the degree of, and certainty about, harmonization achieved through a model law is likely to be lower than in the case of a convention. Therefore, in order to achieve a satisfactory degree of harmonization and certainty, it is recommended that the States make as few changes as possible in incorporating the model law into their legal systems.
The increasing incidence of cross-border insolvencies reflects the continuing global expansion of trade and investment. However, national insolvency laws have by and large not kept pace with the trend, and they are often ill-equipped to deal with cases of a cross-border nature. This frequently results in inadequate and inharmonious legal approaches, which hamper the rescue of financially troubled businesses, are not conducive to a fair and efficient administration of cross-border insolvencies, impede the protection of the assets of the insolvent debtor against dissipation, and hinder maximization of the value of those assets. Moreover, the absence of predictability in the handling of cross-border insolvency cases impedes capital flow and is a disincentive to cross-border investment.
Fraud by insolvent debtors, in particular by concealing assets or transferring them to foreign jurisdictions, is an increasing problem, both in terms of frequency and magnitude. The modern interconnected world makes such fraud easier to conceive and carry out. The cross-border cooperation mechanisms established by the Model Law are designed to confront such international fraud.
Only a limited number of countries have a legislative framework for dealing with cross-border insolvency that is well suited to the needs of international trade and investment. Various techniques and notions are employed in the absence of a specific legislative or treaty framework for dealing with cross-border insolvency. These include: application of the doctrine of comity by courts in common law jurisdictions; issuance for equivalent purposes of enabling orders (exequatur) in civil law jurisdictions; enforcement of foreign insolvency orders relying on legislation for enforcement of foreign judgments; techniques such as letters rogatory for transmitting requests for judicial assistance.
Approaches based purely on the doctrine of comity or on the exequatur do not provide the same degree of predictability and reliability as can be provided by specific legislation, such as the one contained in the Model Law, on judicial cooperation, recognition of foreign insolvency proceedings and access for foreign representatives to courts. For example, in a given legal system general legislation on reciprocal recognition of judgments, including exequatur, might be confined to enforcement of specific money judgments or injunctive orders in two-party disputes, thus excluding decisions opening collective insolvency proceedings. Furthermore, recognition of foreign insolvency proceedings might not be considered as a matter of recognizing a foreign "judgment", for example, if the foreign bankruptcy order is considered to be merely a declaration of status of the debtor or if the order is considered not to be final.
To the extent that there is a lack of communication and coordination among courts and administrators from concerned jurisdictions, it is more likely that assets would be dissipated or fraudulently concealed, or possibly liquidated without reference to other more advantageous solutions. As a result, not only is the ability of creditors to receive payment diminished, but so is also the possibility of rescuing financially-viable businesses and saving jobs. By contrast, mechanisms in national legislation for coordinated administration of cases of cross-border insolvency make it possible to adopt solutions that are sensible and in the best interest of the creditors and the debtor; the presence of such mechanisms in the law of a State are therefore perceived as advantageous for foreign investment and trade in that State.
The Model Law takes into account the results of other international efforts. Those include the European Union Convention on Insolvency Proceedings, the European Convention on Certain International Aspects of Bankruptcy ("Istanbul Convention", 1990), the Montevideo Private International Law Treaties of 1889 and 1940, the Convention regarding Bankruptcy between Nordic States (1933) as well as the Havana Convention of 1928 ("Bustamante Code"). Proposals from non-governmental organizations that have been taken into account include the Model International Insolvency Cooperation Act (MIICA) as well as the Cross-Border Insolvency Concordat, both developed by Committee J of the Section on Business Law of the International Bar Association (IBA).
When the European Union Convention on Insolvency Proceedings enters into effect, it will establish an intra-Union cross-border insolvency regime for cases where the debtor has the centre of its main interests in a State member of the Union. The Convention does not deal with cross-border insolvency matters extending beyond a State member of the Union into a non-member State. Thus, the Model Law offers to States members of the Union a complementary regime of considerable practical value that addresses the many cases of cross-border cooperation not covered by the Convention.
With its scope limited to some procedural aspects of cross-border insolvency cases, the Model Law is intended to operate as an integral part of the existing insolvency law in the enacting State.
The amount of possibly new legal terminology added to existing law by the Model Law is limited. New legal terms are those specific to the cross-border context, such as "foreign proceeding" and "foreign representative". The terms used in the Model Law are unlikely to be in conflict with terminology in existing law.
Recognition of foreign proceedings does not prevent local creditors from initiating or maintaining collective insolvency proceedings in the enacting State (art.
Relief available to the foreign representative is subject to the protection of local creditors and other interested persons, including the debtor, against undue prejudice; relief is also subject to compliance with the procedural requirements of the enacting State and to applicable notification requirements (in particular arts.
The Model Law preserves the possibility of excluding or limiting any action in favour of the foreign proceeding, including recognition of the proceeding, on the basis of overriding public policy considerations, although it is expected that the public policy exception will be rarely used (art.
The Model Law is in the flexible form of model legislation that takes into account differing approaches in national insolvency laws and the varying propensities of States to cooperate and coordinate in insolvency matters (arts. 25-27).
The flexibility to adapt the Model Law to the legal system of the enacting State should be utilized with due consideration for the need for uniformity in its interpretation and for the benefits to the enacting State in adopting modern, generally acceptable international practices in insolvency matters. Thus it is advisable to limit deviations from the uniform text to the minimum. One advantage of uniformity is that it will make it easier for the enacting States to obtain cooperation from other States in insolvency matters.
The Model Law applies in a number of cross-border insolvency situations.
the case of an inward-bound request for recognition of a foreign proceeding; (b) an outward-bound request from a court or administrator in the enacting State for recognition of an insolvency proceeding commenced under the laws of the enacting State; (c) coordination of concurrent proceedings in two or more States; and (d) participation of foreign creditors in insolvency proceedings taking place in the enacting State (art. 1).
To fall within the scope of the Model Law, a foreign insolvency proceeding needs to possess certain attributes. These include: basis in insolvency-related law of the originating State; involvement of creditors collectively; control or supervision of the assets and affairs of the debtor by a court or another official body; and reorganization or liquidation of the debtor as the purpose of the proceeding (art. 2(a)).
Within those parameters, a variety of collective proceedings would be eligible for recognition, be they compulsory or voluntary, corporate or individual, winding-up or reorganization or those in which the debtor retains some measure of control over its assets, albeit under court supervision (e.g. suspension of payments; "debtor in possession").
An inclusive approach is used also as regards the possible types of debtors covered by the Model Law. Nevertheless, the Model Law refers to the possibility of excluding from its scope of application certain types of entities, such as banks or insurance companies specially regulated with regard to insolvency under the laws of the enacting State (art. 1(2)).
In addition to equipping the courts of the enacting State to deal with incoming requests for recognition, the Model Law authorizes the courts of the enacting State to seek assistance abroad on behalf of a proceeding taking place in the enacting State (art. 25). Addition of the authorization for the courts of the enacting State to seek cooperation abroad may help to fill a gap in legislation in some States. Without such legislative authorization, the courts, in some legal systems, feel constrained from seeking such assistance abroad, which creates potential obstacles to a coordinated international response in case of cross-border insolvency.
The Model Law may similarly help an enacting State to fill a gap in its legislation as to the "outward" powers of persons appointed to administer insolvency proceedings under the local insolvency law. Article 5 authorizes those persons to seek recognition of, and assistance for, those proceedings from foreign courts.
An important objective of the Model Law is to provide expedited and direct access for foreign representatives to the courts of the enacting State. The Law avoids the need to rely on cumbersome and time-consuming letters rogatory or other forms of diplomatic or consular communications, which might otherwise have to be used. This facilitates a coordinated, cooperative approach to cross-border insolvency and enables fast action when needed.
establishes simplified proof requirements for seeking recognition and relief for foreign proceedings, which avoid time-consuming "legalization" requirements involving notarial or consular procedures (art.
provides that the foreign representative has procedural standing for commencing an insolvency proceeding in the enacting State (under the conditions applicable in the enacting State) and that the foreign representative may participate in an insolvency proceeding in the enacting State (arts.
confirms, subject to other requirements of the enacting State, access of foreign creditors to the courts of the enacting State for the purpose of commencing in the enacting State an insolvency proceeding or participating in such a proceeding (art.
gives the foreign representative the right to intervene in proceedings concerning individual actions in the enacting State affecting the debtor or its assets (art.
provides that the mere fact of a petition for recognition in the enacting State does not mean that the courts in that State have jurisdiction over all the assets and affairs of the debtor (art. 10).
The Model Law establishes criteria for determining whether a foreign proceeding is to be recognized (arts. 15-17) and provides that, in appropriate cases, the court may grant interim relief pending a decision on recognition (art. 19). The decision includes a determination whether the jurisdictional basis on which the foreign proceeding was commenced was such that it should be recognized as a "main" or instead as a "non-main" foreign insolvency proceeding. Procedural matters related to notice of the filing of an application for recognition or of the decision to grant recognition are not addressed by the Model Law; they remain to be governed by other provisions of law of the enacting State.
A foreign proceeding is deemed to be the "main" proceeding if it has been commenced in the State where "the debtor has the centre of its main interests". This corresponds to the formulation in the European Union Convention on Insolvency Proceedings (art. 3 of that Convention), thus building on the emerging harmonization as regards the notion of a "main" proceeding. The determination that a foreign proceeding is a "main" proceeding may affect the nature of the relief accorded to the foreign representative.
Key elements of the relief accorded upon recognition of the representative of a foreign "main" proceeding include a stay of actions of individual creditors against the debtor or a stay of enforcement proceedings concerning the assets of the debtor, and a suspension of the debtor's right to transfer or encumber its assets (art. 20(1)). Such stay and suspension are "mandatory" (or "automatic") in the sense that either they flow automatically from the recognition of a foreign main proceeding or, in the States where a court order is needed for the stay or suspension, the court is bound to issue the appropriate order. The stay of actions or of enforcement proceedings is necessary to provide a "breathing space" until appropriate measures are taken for reorganization or fair liquidation of the assets of the debtor. The suspension of transfers is necessary because in the modern, globalized economic system it is possible for multi-national debtors to move money and property across boundaries quickly. The mandatory moratorium triggered by the recognition of the foreign main proceeding provides a rapid "freeze" essential to prevent fraud and to protect the legitimate interests of the parties involved until the court has an opportunity to notify all concerned and to assess the situation.
Exceptions and limitations to the scope of the stay and suspension (e.g. exceptions for secured claims, payments by the debtor made in the ordinary course of business, set-off, execution of rights in rem) and the possibility of modifying or terminating the stay or suspension are determined by provisions governing comparable stays and suspensions in insolvency proceedings under the laws of the enacting State (art. 20(2)).
In addition to such mandatory stay and suspension, the Model Law authorizes the court to grant "discretionary" relief for the benefit of any foreign proceeding, whether "main" or not (art. 21). Such discretionary relief may consist of, for example, staying proceedings or suspending the right to encumber assets (to the extent such stay and suspension have not taken effect automatically under art. 20), facilitating access to information concerning the assets of the debtor and its liabilities, appointing a person to administer all or part of those assets, and any other relief that may be available under the laws of the enacting State. Urgently needed relief may be granted already upon filing an application for recognition (art. 21).
The Model Law contains provisions, such as the following, which protect the interests of the creditors (in particular local creditors), the debtor and other affected persons: the availability of temporary relief upon application for recognition of a foreign proceeding or upon recognition is subject to the discretion of the court; it is expressly stated that in granting such relief the court must be satisfied that the interests of the creditors and other interested persons, including the debtor, are adequately protected (art. 22(1)); the court may subject the relief it grants to conditions it considers appropriate; and the court may modify or terminate the relief granted, if so requested by a person affected thereby (art. 22(2) and (3)).
In addition to those specific provisions, the Model Law in a general way provides that the court may refuse to take an action governed by the Law if the action would be manifestly contrary to the public policy of the enacting State (art. 6).
Questions of notice to interested persons, while closely related to the protection of their interests, are in general not regulated in the Model Law. Thus, these questions are governed by the procedural rules of the enacting State, some of which may be of a public-order character. For example, the law of the enacting State will determine whether any notice is to be given to the debtor or another person of an application for recognition of a foreign proceeding and the time period for giving the notice.
A widespread limitation on cooperation and coordination between judges from different jurisdictions in cases of cross-border insolvency is derived from the lack of a legislative framework, or from uncertainty regarding the scope of the existing legislative authority, for pursuing cooperation with foreign courts.
Experience has shown that, irrespective of the discretion courts may traditionally enjoy in a State, the passage of a specific legislative framework is useful for promoting international cooperation in cross-border cases. Accordingly, the Model Law fills the gap found in many national laws by expressly empowering courts to extend cooperation in the areas governed by the Model Law (arts. 25-27).
For similar reasons, provisions are included authorizing cooperation between a court in the enacting State and a foreign representative, and between a person administering the insolvency proceeding in the enacting State and a foreign court or a foreign representative (art. 26).
The Model Law lists possible forms of cooperation and leaves the legislator an opportunity to list additional forms (art. 27). It is advisable to keep the list, when enacted, illustrative rather than exhaustive so as not to stymie the ability of courts to fashion remedies in keeping with specific circumstances.
The Model Law imposes virtually no limitations on the jurisdiction of the courts in the enacting State to commence or continue insolvency proceedings. Pursuant to article 28, even after recognition of a foreign "main" proceeding, jurisdiction remains with the courts of the enacting State to institute an insolvency proceeding if the debtor has assets in the enacting State. If the enacting State would wish to restrict its jurisdiction to cases where the debtor has not only assets but an establishment in the enacting State, the adoption of such a restriction would not be contrary to the policy underlying the Model Law.
In addition, the Model Law deems the recognized foreign main proceeding to constitute proof that the debtor is insolvent for the purposes of commencing local proceedings (art. 31). This rule would be helpful in those legal systems in which commencement of an insolvency proceeding requires proof that the debtor is in fact insolvent. Avoidance of the need for repeated proof of financial failure reduces the likelihood that a debtor may delay the commencement of the proceeding long enough to conceal or carry away assets.
The Model Law deals with coordination between a local proceeding and a foreign proceeding concerning the same debtor (art. 29) and facilitates coordination between two or more foreign proceedings concerning the same debtor (art. 30). The objective of the provisions is to foster coordinated decisions that would best achieve the objectives of both proceedings (e.g. maximization of the value of the debtor's assets or the most advantageous restructuring of the enterprise). In order to achieve satisfactory coordination and to be able to adapt relief to changing circumstances, the court is in all situations covered by the Model Law, including those which limit the effects of foreign proceedings in the face of local proceedings, directed to cooperate to the maximum extent possible with foreign courts and the foreign representatives (arts. 25 and 30).
When the local insolvency proceeding is already under way at the time that recognition of a foreign proceeding is requested, the Model Law requires that any relief granted for the benefit of the foreign proceeding must be consistent with the local proceeding. Furthermore, the existence of the local proceeding at the time the foreign main proceeding is recognized prevents the operation of article 20. When there is no local proceeding pending, article 20 mandates the stay of individual actions or enforcement proceedings against the debtor and a suspension of the debtor's right to transfer or encumber its assets.
When the local proceeding begins subsequent to recognition or application for recognition of the foreign proceeding, the relief that has been granted for the benefit of the foreign proceeding must be reviewed and modified or terminated if inconsistent with the local proceeding. If the foreign proceeding is a main proceeding, the stay and a suspension, as mandated by article 20, must also be modified or terminated if inconsistent with the local proceeding.
When the court is faced with more than one foreign proceeding, article 30 calls for tailoring relief in such a way that will facilitate coordination of the foreign proceedings; if one of the foreign proceedings is a main proceeding, any relief must be consistent with that main proceeding.
Another rule designed to enhance coordination of concurrent proceedings is the one on rate of payment of creditors (art. 32). It provides that a creditor, by claiming in more than one proceeding, does not receive more than the proportion of payment that is obtained by other creditors of the same class.
The term "insolvency", as used in the title of the Model Law, refers to various types of collective proceedings against insolvent debtors. The reason is that the Model Law (as pointed out above in paras. 23-24) covers proceedings concerning different types of debtors, and, among those proceedings, deals with proceedings aimed at reorganizing the debtor as well proceedings leading to a liquidation of the debtor as a commercial entity.
It should be noted that in some jurisdictions the expression "insolvency" proceedings has a narrow technical meaning in that it may refer, for example, only to collective proceedings involving a company or a similar legal person, or only to collective proceedings against a natural person.
"insolvency" in the title of the Model Law, since the Law is designed to be applicable to proceedings regardless of whether they involve a natural or legal person as the debtor. If in the enacting State the word "insolvency" may be misunderstood as referring to one particular type of collective proceeding, another term should be used to refer to the proceedings covered by the Law.
However, when referring to foreign insolvency proceedings, it is desirable to utilize the wording of article 2(a) so as not to exclude recognition of foreign proceedings that, according to article 2(a), should be covered.
If the enacting State decides to incorporate the provisions of the Model Law into an existing national insolvency statute, the title of the enacted provisions would have to be adjusted accordingly, and the word "Law", which appears at various places in the text, would have to be replaced by the appropriate expression.
In enacting the Model Law, it is advisable to adhere as much as possible to the uniform text so as to make the national law as transparent as possible for foreign users of the national law. (See also above, paras. 11-12 and 21.
facilitation of the rescue of financially troubled businesses, thereby protecting investment and preserving employment.
The Preamble gives a succinct statement of the basic policy objectives of the Model Law. It is not intended to create substantive rights, but rather to give a general orientation for users of the Model Law as well as to assist in the interpretation of the Model Law.
In States where it is not customary to set out preambular statements of policy in legislation, consideration might be given to including the statement of objectives either in the body of the statute or in a separate document, so as to preserve a useful tool for the interpretation of the law.
The expression "State", as used in the preamble and throughout the Model Law, refers to the entity that enacts the Law (the "enacting State" in the Guide). The term should not be understood as referring, for example, to a state in a country with a federal system.
A/52/17, paras.
A/CN.9/435, para.
A/CN.9/433, paras.
A/CN.9/422, paras.
Article 1.
creditors or other interested persons in a foreign State have an interest in requesting the commencement of, or participating in, a proceeding under [identify laws of the enacting State relating to insolvency].
This Law does not apply to a proceeding concerning [designate any types of entities, such as banks or insurance companies, that are subject to a special insolvency regime in this State and that this State wishes to exclude from this Law].
Article 1(1) outlines the types of issues that may arise in cases of cross-border insolvency and for which the Model Law provides solutions: (a) inward-bound requests for recognition of a foreign proceeding; (b) outward-bound requests from a court or administrator in the enacting State for recognition of an insolvency proceeding commenced under the laws of the enacting State; (c) coordination of proceedings taking place concurrently in two or more States; and (d) participation of foreign creditors in insolvency proceedings taking place in the enacting State.
The expression "this State" is used in the preamble and throughout the Model Law to refer to the State that is enacting the text. The national statute may use another expression that is customarily used for this purpose.
"Assistance" in paragraph (1)(a) and (b) is meant to cover various situations, dealt with in the Model Law, in which a court or an insolvency administrator in one State may make a request directed to a court or an insolvency administrator in another State for taking a measure encompassed in the Model Law. Some of those measures the Law specifies (e.g. in art. 19(1)(a) and (b); art. 21(1)(a) to (f) and (2); or art. 27(a) to (e)), while other possible measures are covered by a broader formulation such as the one in article 21(1)(g).
In principle, the Model Law was formulated to apply to any proceeding that meets the requirements of article 2(a), independently of the nature of the debtor or its particular status under national law. The only possible exceptions contemplated in the text of the Model Law itself are indicated in paragraph (2) (see, however, below, para. 66, for considerations regarding "consumers").
Banks or insurance companies are mentioned as examples of entities that the enacting State might decide to exclude from the scope of the Model Law. The reason for the exclusion would typically be that the insolvency of such entities gives rise to the particular need to protect vital interests of a large number of individuals, or that the insolvency of those entities usually requires particularly prompt and circumspect action (for instance to avoid massive withdrawals of deposits). For those reasons, the insolvency of such types of entities is in many States administered under a special regulatory regime.
Paragraph (2) indicates that the enacting State might decide to exclude the insolvency of entities other than banks and insurance companies; the State might do so where the policy considerations underlying the special insolvency regime for those other types of entities (e.g. public utility companies) call for special solutions in cross-border insolvency cases.
It is not advisable to exclude all cases of insolvency of the entities mentioned in paragraph (2). In particular, the enacting State might wish to treat, for recognition purposes, a foreign insolvency proceeding relating to a bank or an insurance company as an ordinary insolvency proceeding, if the insolvency of the branch or of the assets of the foreign entity in the enacting State do not fall under the national regulatory scheme. The enacting State might also wish not to exclude the possibility of recognition of a foreign proceeding involving one of those entities, if the law of the State of origin does not make that proceeding subject to special regulation.
In enacting paragraph (2), the State may wish to make sure that it would not inadvertently and undesirably limit the right of the insolvency administrator or court to seek assistance or recognition abroad of an insolvency proceeding conducted in the territory of the enacting State, merely because that insolvency is subject to a special regulatory regime. Moreover, even if the particular insolvency is governed by special regulation, it is advisable, before generally excluding those cases from the Model Law, to consider whether it would be useful to leave certain features of the Model Law (e.g. on cooperation and coordination and possibly on certain types of discretionary relief) applicable also to the specially regulated insolvency proceedings.
In any case, with a view to making the national insolvency law more transparent (for the benefit of foreign users of the law based on the Model Law), it is advisable that exclusions from the scope of the law be expressly mentioned by the enacting State in paragraph (2).
In those jurisdictions that have not made provision for the insolvency of consumers, or whose insolvency law provides special treatment for the insolvency of non-traders, the enacting State might wish to exclude from the scope of application of the Model Law those insolvencies that relate to natural persons residing in the enacting State whose debts have been incurred predominantly for personal or household purposes, rather than for commercial or business purposes, or those insolvencies that relate to non-traders. The enacting State might also wish to provide that such exclusion would not apply in cases where the total debts exceed a certain monetary ceiling. Prior discussion in the Commission and the Working Group A/52/17, paras. 141-150 (Commission, 30th session) A/CN.9/435, paras. 102-106, 179 (Working Group, 21st session) A/CN.9/433, paras. 29-32 (Working Group, 20th session) A/CN.9/422, paras.
Article 2.
"establishment" means any place of operations where the debtor carries out a non-transitory economic activity with human means and goods or services.
Since the Model Law will be embedded in the national insolvency law, article 2 only needs to define the terms specific to cross-border scenarios. Thus, the Model Law contains definitions of the terms "foreign proceeding" (subparagraph (a)) and "foreign representative" (subparagraph (d)), but not of the person or body that may be entrusted with the administration of the assets of the debtor in an insolvency proceeding in the enacting State. To the extent that it would be useful to define in the national statute the term used for such a person or body (rather than just using the term commonly employed to refer to such persons), this may be added to the definitions in the law enacting the Model Law.
By specifying required characteristics of the "foreign proceeding" and "foreign representative", the definitions limit the scope of application of the Model Law. For a proceeding to be susceptible to recognition or cooperation under the Model Law and for a foreign representative to be accorded access to local courts under the Model Law, the foreign proceeding and the foreign representative must have the attributes of subparagraphs (a) and (d).
The definitions in subparagraphs (a) and (d) cover also an "interim proceeding" and a representative "appointed on an interim basis". In a State where interim proceedings are either not known or do not meet the requisites of the definition the question may arise whether recognition of a foreign "interim proceeding" creates a risk of allowing potentially disruptive consequences under the Model Law that the situation does not warrant. It is advisable that, irrespective of the way interim proceedings are treated in the enacting State, the reference to "interim proceeding" in subparagraph (a) and to a foreign representative appointed "on an interim basis" in subparagraph (d) be maintained. The reason is that in the practice of many countries insolvency proceedings are often, or even usually, commenced on an "interim" or "provisional" basis. Except for being labelled as interim, those proceedings meet all the other requisites of the definition in article 2(a). Such proceedings are often conducted for weeks or months as "interim" proceedings under the administration of persons appointed on an "interim" basis, and only some time later would the court issue an order confirming the continuation of the proceedings on a non-interim basis. The objectives of the Model Law apply fully to such "interim proceedings" (provided the requisites of subparagraphs (a) and (d) are met); therefore, these proceedings should not be distinguished from other insolvency proceedings merely because they are of an interim nature. The point that an interim proceeding and the foreign representative must meet all the requirements of article 2 is emphasized in article 17 (1), according to which a foreign proceeding may only be recognized if "the foreign proceeding is a proceeding within the meaning of article 2(a)" and "the foreign representative applying for recognition is a person or body within the meaning of article 2(d)".
Article 18 addresses a case where, after the application for recognition or after recognition, the foreign proceeding or foreign representative, whether interim or not, ceases to meet the requirements of article 2(a) and (d). Article 18 obligates the foreign representative to inform the court promptly, after the time of filing the application for recognition of the foreign proceeding, of "any substantial change in the status of the recognized foreign proceeding or the status of the foreign representative's appointment". The purpose of the obligation is to allow the court to modify or terminate the consequences of recognition.
The definitions of proceedings or persons emanating from foreign jurisdictions avoid the use of expressions that may have different technical meaning in legal systems and instead describe their purpose or function. This technique is used to avoid inadvertently narrowing the range of possible foreign proceedings that might obtain recognition, and to avoid unnecessary conflict with terminology used in the laws of the enacting State. As noted above in paragraph 50, the term "insolvency" is an example of a term that may have a technical meaning in some legal systems, but which is intended in subparagraph (a) to refer broadly to companies in severe financial distress.
The expression "centre of main interests" in subparagraph (b) to define a foreign main proceeding is used also in the European Union Convention on Insolvency Proceedings.
Subparagraph (c) requires that a "foreign non-main proceeding" take place in the State where the debtor has an "establishment". Thus, a foreign non-main proceeding susceptible to recognition under article 17(2) may be only a proceeding commenced in a State where the debtor has an establishment in the meaning of article 2(f). This rule does not affect the provision in article 28, namely, that an insolvency proceeding may be commenced in the enacting State if the debtor has assets there. It should be noted, however, that the effects of an insolvency proceeding commenced on the basis of the presence of assets only are normally restricted to the assets located in that State; if other assets of the debtor located abroad should, under the law of the enacting State, be administered in that insolvency proceeding (as envisaged in article 28), that cross-border issue is to be dealt with as a matter of international cooperation and coordination under articles 25 to 27 of the Model Law.
A foreign proceeding that meets the requisites of article 2(a) should receive the same treatment irrespective of whether it has been commenced and supervised by a judicial or administrative body. Therefore, in order to obviate the need to refer to a foreign non-judicial authority whenever reference is made to a foreign court, the definition of "foreign court" in subparagraph (e) includes also non-judicial authorities. Subparagraph (e) follows a similar definition contained in article 2(d) of the European Union Convention on Insolvency Proceedings.
2(h) of the European Union Convention on Insolvency Proceedings. The term is used in the definition of "foreign non-main proceeding" (art. 2(c)) and in the context of article 17(2), according to which, for a foreign non-main proceeding to be recognized, the debtor must have an establishment in the foreign State (see also above, para. 73).
A/CN.9/435, paras.
A/CN.9/419, paras.
Article 3. International obligations of this State To the extent that this Law conflicts with an obligation of this State arising out of any treaty or other form of agreement to which it is a party with one or more other States, the requirements of the treaty or agreement prevail.
Article 3, expressing the principle of supremacy of international obligations of the enacting State over internal law, has been modelled on similar provisions in other model laws prepared by UNCITRAL.
In enacting the article, the legislator may wish to consider whether it would be desirable to take steps to avoid an unnecessarily broad interpretation of international treaties. Namely, the article might result in giving precedence to international treaties which, while addressing matters covered also by the Model Law (e.g. access to courts and cooperation between courts or administrative authorities), were aimed at the resolution of problems other than those that the Model Law focuses on. Some of those treaties, only because of their imprecise or broad formulation, may be misunderstood as dealing also with matters dealt with by the Model Law. Such a result would compromise the goal of achieving uniformity and facilitating cross-border cooperation in insolvency matters and would reduce certainty and predictability in the application of the Model Law. The enacting State might wish to provide that, in order for article 3 to displace a provision of the national law, a sufficient link must exist between the international treaty concerned and the issue governed by the provision of the national law in question. Such a condition would avoid the inadvertent and excessive restriction of the effects of the law which implements the Model Law. However, such a provision should not go so far as imposing a condition that the treaty concerned has to deal specifically with insolvency matters in order to satisfy that condition.
It is noteworthy that, while in some States binding international treaties are self-executing, in other States those treaties are, with certain exceptions, not self-executing in that they require internal legislation for them to become enforceable law. With respect to the latter group of States, in view of their normal practice in dealing with international treaties and agreements, it would be inappropriate or unnecessary to include article 3 in their legislation or it might be appropriate to include it in modified form. Prior discussion in the Commission and the Working Group A/52/17, paras. 160-162 (Commission, 30th session) A/CN.9/435, paras. 114-117 (Working Group, 21st session) A/CN.9/433, paras. 42-43 (Working Group, 20th session)A/CN.9/422, paras.
Article 4. [Competent court or authority]a The functions referred to in this Law relating to recognition of foreign proceedings and cooperation with foreign courts shall be performed by [specify the court, courts, authority or authorities competent to perform those functions in the enacting State]. a A State where certain functions relating to insolvency proceedings have been conferred upon government-appointed officials or bodies might wish to include in article 4 or elsewhere in chapter I the following provision: Nothing in this Law affects the provisions in force in this State governing the authority of [insert the title of the government-appointed person or body].
If in the enacting State any of the functions mentioned in article 4 are performed by an authority other than a court, the State would insert in article 4 and in other appropriate places in the enacting legislation the name of the competent authority.
The competence for the various judicial functions dealt with in the Model Law may lie with different courts in the enacting State, and the enacting State would tailor the text of the article to its own system of court competence. The value of article 4, as enacted in a given State, would be to increase the transparency and ease of use of the insolvency legislation for the benefit of, in particular, foreign representatives and foreign courts.
It is important to note that, in defining jurisdiction in matters mentioned in article 4, the implementing legislation should not unnecessarily limit the jurisdiction of other courts in the enacting State, in particular to entertain requests by foreign representatives for provisional relief.
In a number of States, insolvency legislation has entrusted certain tasks relating to the general supervision of the process of dealing with insolvency cases in the country to government-appointed officials who are typically civil servants or judicial officers and who carry out their functions on a permanent basis. The names under which they are known vary and include, for example, "official receiver", "official trustee" or "official assignee". The activities, and the scope and nature of their duties, vary from State to State. The Model Law does not restrict the authority of such officials, a point that some enacting States may wish to clarify in the law, as indicated in the footnote. However, depending on the wording that the enacting State uses in articles 25 and 26 in referring to the "title of the person or body administering a reorganization or liquidation under the law of the enacting State", these officials may be subjected to the duty to cooperate as provided under articles 25 to 27.
In some jurisdictions, officials referred to in the preceding paragraph may also be appointed to act as administrators in individual insolvency cases. To the extent that that occurs, such officials would be covered by the Model Law.
A/CN.9/419, para.
Article 5. Authorization of [insert the title of the person or body administering a reorganization or liquidation under the law of the enacting State] to act in a foreign State A [insert the title of the person or body administering a reorganization or liquidation under the law of the enacting State] is authorized to act in a foreign State on behalf of a proceeding under [identify laws of the enacting State relating to insolvency], as permitted by the applicable foreign law.
The intent of article 5 is to equip administrators or other authorities appointed in insolvency proceedings commenced in the enacting State to act abroad as foreign representatives of those proceedings. The lack of such authorization in some States has proved to be an obstacle to effective international cooperation in cross-border cases. An enacting State in which administrators are already equipped to act as foreign representatives may decide to forgo inclusion of article 5, although even such a State might want to keep article 5 so as to provide clear statutory evidence of that authority.
It may be noted that article 5 is formulated to make it clear that the scope of the power exercised abroad by the administrator would depend upon the foreign law and courts.
Article 6.
Nothing in this Law prevents the court from refusing to take an action governed by this Law if the action would be manifestly contrary to the public policy of this State.
State, no uniform definition of that notion is attempted in article 6.
In some States the expression "public policy" may be given a broad meaning in that it might relate in principle to any mandatory rule of national law. However, in many States the public policy exception is construed as being restricted to fundamental principles of law, in particular constitutional guarantees; in these States, public policy would only be used to refuse the application of foreign law, or the recognition of a foreign judicial decision or arbitral award, when that would contravene those fundamental principles.
For the applicability of the public policy exception in the context of the Model Law it is important to note that a growing number of jurisdictions recognize a dichotomy between the notion of public policy as it applies to domestic affairs, and the notion of public policy as it is used in matters of international cooperation and the question of recognition of effects of foreign laws. It is especially in the latter situation that public policy is understood more restrictively than domestic public policy. This dichotomy reflects the realization that international cooperation would be unduly hampered if public policy would be understood in an extensive manner broadly. [as encompassing essentially the mandatory law of the country.
The purpose of the expression "manifestly", used also in many other international legal texts as a qualifier of the expression "public policy", is to emphasize that public policy exceptions should be interpreted restrictively and that article 6 is only intended to be invoked under exceptional circumstances concerning matters of fundamental importance for the enacting State.
Article 7. Additional assistance under other laws Nothing in this Law limits the power of a court or a [insert the title of the person or body administering a reorganization or liquidation under the law of the enacting State] to provide additional assistance to a foreign representative under other laws of this State.
The purpose of the Model Law is to increase and harmonize cross-border assistance available in the enacting State to foreign representatives. However, since the law of the enacting State may, at the time of enacting the Law, already have in place various provisions under which a foreign representative could obtain cross-border assistance, and since it is not the purpose of the Law to displace those provisions to the extent they provide assistance that is additional to or different from the type of assistance dealt with in the Model Law, the enacting State may consider whether article 7 is needed to make that point clear.
A/52/17, para.
Article 8. Interpretation In the interpretation of this Law, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith.
A provision similar to the one contained in article 8 appears in a number of private-law treaties (e.g. art. 7(1) of the United Nations Convention on Contracts for the International Sale of Goods, Vienna 1980). More recently, it has been recognized that also in a non-treaty text such as a model law such a provision would be useful in that a State enacting a model law also has an interest in its harmonized interpretation. Article 8 has been modelled on article 3(1) of the UNCITRAL Model Law on Electronic Commerce (1996).
Harmonized interpretation of the Model Law will be facilitated by the information system CLOUT ("Case Law on UNCITRAL Texts"), a system under which the UNCITRAL secretariat publishes abstracts of judicial decisions (and, where applicable, arbitral awards) that interpret conventions and model laws emanating from the work of the Commission. (For further information about the system, see below, para. 202.
COURTS IN THIS STATE Article 9. Right of direct access A foreign representative is entitled to apply directly to a court in this State.
The article is limited to expressing the principle of direct access by the foreign representative to courts of the enacting State, thus freeing the representative from having to meet formal requirements such as licences or consular actions. Article 4 deals with court competence in the enacting State for providing relief to the foreign representative.
Article 10. Limited jurisdiction The sole fact that an application pursuant to this Law is made to a court in this State by a foreign representative does not subject the foreign representative or the foreign assets and affairs of the debtor to the jurisdiction of the courts of this State for any purpose other than the application.
The provision constitutes a "safe conduct" rule aimed at ensuring that the court in the enacting State would not assume jurisdiction over all the assets of the debtor on the sole ground of the foreign representative having made an application for recognition of a foreign proceeding. The article also makes it clear that the application alone is not sufficient ground for the court of the enacting State to assert jurisdiction over the foreign representative as to matters unrelated to insolvency. The provision responds to concerns of foreign representatives and creditors about exposure to all-embracing jurisdiction triggered by an application under the (Model) Law.
The limitation on jurisdiction over the foreign representative embodied in article 10 is not absolute. It is only intended to shield the foreign representative to the extent necessary to make court access a meaningful proposition. It does so by providing that an appearance in the courts of the enacting State for the purpose of requesting recognition would not expose the entire estate under the supervision of the foreign representative to the jurisdiction of those courts. Other possible grounds for jurisdiction under the laws of the enacting State over the foreign representative or the assets are not affected. For example, a tort or a misconduct committed by the foreign representative may provide grounds for jurisdiction to deal with the consequences of such an action by the foreign representative. Furthermore, the foreign representative who applies for relief in the enacting State will be subject to conditions which the court may order in connection with relief granted (art. 22(2)).
The article may appear superfluous in States where the rules on jurisdiction do not allow a court to assume jurisdiction over a person making an application to the court on the sole ground of the applicant's appearance. Nevertheless, also in those States it would be useful to enact the article so as to eliminate possible concerns of foreign representatives or creditors over the possibility of jurisdiction based on the sole ground of applying to the court.
Article 11.
[identify laws of the enacting State relating to insolvency] A foreign representative is entitled to apply to commence a proceeding under [identify laws of the enacting State relating to insolvency] if the conditions for commencing such a proceeding are otherwise met.
under those laws, it might be doubtful whether a foreign representative is among those that may make such a request.
Article 11 is designed to ensure that the foreign representative (of a foreign main or non-main proceeding) has standing (or "procedural legitimation") for requesting the commencement of an insolvency proceeding. However, the article makes it clear (by the words "if the conditions for commencing such a proceeding are otherwise met") that it does not otherwise modify the conditions under which an insolvency proceeding may be commenced in the enacting State.
The foreign representative has this right without prior recognition of the foreign proceeding, because the commencement of an insolvency proceeding might be crucial in cases of urgent need for preserving the assets of the debtor. The article recognizes that not only a representative of a foreign main proceeding but also a representative of a foreign non-main proceeding may have a legitimate interest in the commencement of an insolvency proceeding in the enacting State. Sufficient guarantees against abusive applications are provided by the requirement that the other conditions for commencing such a proceeding under the law of the enacting State have to be met. Prior discussion in the Commission and the Working Group A/52/17, paras. 183-187 (Commission, 30th session) A/CN.9/435, paras. 137-146 (Working Group, 21st session) A/CN.9/433, paras. 71-75 (Working Group, 20th session) A/CN.9/422, paras.
Article 12. Participation of a foreign representative in a proceeding under [identify laws of the enacting State relating to insolvency] Upon recognition of a foreign proceeding, the foreign representative is entitled to participate in a proceeding regarding the debtor under [identify laws of the enacting State relating to insolvency].
The purpose of the provision is to ensure that, when an insolvency proceeding concerning a debtor is taking place in the enacting State, the foreign representative of a proceeding concerning that debtor will be given procedural standing (or "procedural legitimation") to make petitions, requests or submissions concerning issues such as protection, realization or distribution of assets of the debtor or cooperation with the foreign proceeding.
Notably, the article is limited to giving the foreign representative standing and does not vest the foreign representative with any specific powers or rights. The provision does not specify the kinds of motions the foreign representative might make and does not affect the provisions in the insolvency law of the enacting State that govern the fate of the motions.
If the law of the enacting State uses a term other than "participate" to express the concept, such other term may be used in enacting the provision. However, if the legislator proposes that the other term should be "intervene", it should be noted that article 24 already uses the term "intervene" to refer to a case where the foreign representative takes part in an individual action by or against the debtor (as opposed to a collective insolvency proceeding).
A/CN.9/433, para.
Article 13.
Subject to paragraph (2) of this article, foreign creditors have the same rights regarding the commencement of, and participation in, a proceeding under [identify laws of the enacting State relating to insolvency] as creditors in this State.
Paragraph (1) of this article does not affect the ranking of claims in a proceeding under [identify laws of the enacting State relating to insolvency], except that the claims of foreign creditors shall not be ranked lower than [identify the class of general non-preference claims, while providing that a foreign claim is to be ranked lower than the general non-preference claims if an equivalent local claim (e.g. claim for a penalty or deferred-payment claim) has a rank lower than the general non-preference claims].
Paragraph (1) of this article does not affect the ranking of claims in a proceeding under [identify laws of the enacting State relating to insolvency] or the exclusion of foreign tax and social security claims from such a proceeding. Nevertheless, the claims of foreign creditors other than those concerning tax and social security obligations shall not be ranked lower than [identify the class of general non-preference claims, while providing that a foreign claim is to be ranked lower than the general non-preference claims if an equivalent local claim (e.g. claim for a penalty or deferred-payment claim) has a rank lower than the general non-preference claims].
With the exception contained in paragraph (2), the article embodies the principle that foreign creditors, when they apply to commence an insolvency proceeding in the enacting State or file claims in such proceeding, should not be treated worse than local creditors.
Paragraph (2) makes it clear that the principle of non-discrimination embodied in paragraph (1) leaves intact the provisions on the ranking of claims in insolvency proceedings, including any provisions that might assign a special ranking to claims of foreign creditors. It may be noted that few States currently have provisions assigning a special ranking to foreign creditors. However, lest the non-discrimination principle should be emptied of its meaning by provisions giving the lowest ranking to foreign claims, paragraph (2) establishes the minimum ranking for claims of foreign creditors: the rank of general unsecured claims. The exception to that minimum ranking is provided for the cases where the claim in question, if it were of a domestic creditor, would be ranked lower than general unsecured claims (such low-rank claims may be, for instance, those of a State authority for financial penalties or fines, claims whose payment is deferred because of a special relationship between the debtor and the creditor, or claims that have been filed after the expiry of the time period for doing so). Those special claims may rank below the general unsecured claims, for reasons other than the nationality or location of the creditor, as provided in the law of the enacting State.
The alternative provision in the footnote differs from the provision in the text only in that it provides wording for States that refuse to recognize foreign tax and social security claims to continue to discriminate against such claims. Prior discussion in the Commission and the Working Group A/52/17, paras. 190-192 (Commission, 30th session) A/CN.9/435, paras. 151-156 (Working Group, 21st session) A/CN.9/433, paras. 77-85 (Working Group, 20th session) A/CN.9/422, paras.
Article 14.
Whenever under [identify laws of the enacting State relating to insolvency] notification is to be given to creditors in this State, such notification shall also be given to the known creditors that do not have addresses in this State. The court may order that appropriate steps be taken with a view to notifying any creditor whose address is not yet known.
Such notification shall be made to the foreign creditors individually, unless the court considers that, under the circumstances, some other form of notification would be more appropriate. No letters rogatory or other, similar formality is required.
contain any other information required to be included in such a notification to creditors pursuant to the law of this State and the orders of the court.
The main purpose of notifying foreign creditors as provided in paragraph (1) is to inform them of the commencement of the insolvency proceeding and of the time-limit to file their claims. Furthermore, as a corollary to the principle of equal treatment established by article 13, article 14 requires that foreign creditors should be notified whenever notification is required for creditors in the enacting State.
States have different provisions or practices regarding the methods for notifying creditors; those may be, for example, publication in the official gazette or in local newspapers, individual notices, affixing notices within the court premises or a combination of such procedures. If the form of notification were to be left to national law, foreign creditors would be in a less advantageous situation than local creditors, since they typically do not have direct access to local publications. For that reason, paragraph (2) in principle requires individual notification for foreign creditors, but nevertheless leaves discretion to the court to decide otherwise in a particular case (e.g. if individual notice would entail excessive cost or would not seem feasible under the circumstances).
With regard to the form of individual notification, States may use special procedures for notifications that have to be served in a foreign jurisdiction (e.g. sending of notifications through diplomatic channels). In the context of insolvency proceedings, those procedures would often be too cumbersome and time-consuming and their use would typically not provide foreign creditors timely notice concerning insolvency proceedings. It is therefore advisable for those notifications to be effected by such expeditious means that the court considers adequate. Those considerations are the reason for the provision in paragraph (2) that "no letters rogatory or other, similar formality is required".
Many States are party to bilateral or multilateral treaties on judicial cooperation, which often contain provisions on procedures for communicating judicial or extrajudicial documents to addressees abroad. A multilateral treaty of this kind is the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (1965), adopted under the auspices of the Hague Conference on Private International Law. While the procedures envisaged by those treaties may constitute a simplification as compared to traditional communication via diplomatic channels, they would often be, for reasons stated in the preceding paragraph, inappropriate for cross-border insolvency cases. The question may arise whether paragraph (2), which allows the use of letters rogatory or similar formalities to be dispensed with, is compatible with these treaties.
the freedom to send judicial documents, by postal channels, directly to persons abroad, b the freedom of judicial officers, officials or other competent persons of the State of origin to effect service of judicial documents directly through the judicial officers, officials or other competent persons of the State of destination, c the freedom of any person interested in a judicial proceeding to effect service of judicial documents directly through the judicial officers, officials or other competent persons of the State of destination.
of this article and a treaty, article 3 of the Model Law provides the solution.
While paragraph (2) mentions letters rogatory as a formality that is not required for a notification under article 14, it may be noted that in many States such notifications would never be transmitted in the form of a letter rogatory. A letter rogatory in those States would be used for other purposes, such as to request evidence in a foreign country or to request permission to perform some other judicial act abroad. Such use of letters rogatory is governed, for example, by the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970), adopted under the auspices of the Hague Conference on Private International Law.
In some legal systems a secured creditor who files a claim in the insolvency proceeding is deemed to have waived the security or some of the privileges attached to the credit, while in other systems failure to file a claim results in a waiver of such security or privilege. Where such a situation may arise, it would be appropriate for the enacting State to include in paragraph (3)(b) a requirement that the notification should include information regarding the effects of filing, or failing to file, secured claims.
A/52/17, paras. 193-198 (Commission, 30th session); A/CN.9/435, paras. 157-164 (Working Group, 21st session); A/CN.9/433, paras. 86-98 (Working Group, 20th session); A/CN.9/422, paras. 188-191 (Working Group, 19th session); A/CN.9/419, paras.
CHAPTER III. RECOGNITION OF A FOREIGN PROCEEDING AND RELIEF Article 15.
A foreign representative may apply to the court for recognition of the foreign proceeding in which the foreign representative has been appointed.
in the absence of evidence referred to in subparagraphs (a) and (b), any other evidence acceptable to the court of the existence of the foreign proceeding and of the appointment of the foreign representative.
An application for recognition shall also be accompanied by a statement identifying all foreign proceedings in respect of the debtor that are known to the foreign representative.
The court may require a translation of documents supplied in support of the application for recognition into an official language of this State.
The article defines the core procedural requirements for an application by a foreign representative for recognition. In incorporating the provision into national law, it is desirable not to encumber the process with additional requirements beyond those referred to. With article 15, in conjunction with article 16, the Model Law provides a simple, expeditious structure for a foreign representative to obtain recognition.
The Model Law presumes that documents submitted in support of the application for recognition need not be authenticated in any special way, in particular by legalization: according to article 16(2), the court is entitled to presume that those documents are authentic whether or not they have been legalized. "Legalization" is a term often used for the formality by which a diplomatic or consular agent of the State in which the document is to be produced certifies the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp on the document.
It follows from article 16(2) (according to which the court "is entitled to presume" the authenticity of documents accompanying the application for recognition) that the court retains discretion to decline to rely on the presumption of authenticity or to conclude that evidence to the contrary prevails. This flexible solution takes into account the fact that the court may be able to assure itself that a particular document originates from a particular court even without it being legalized, but that in other cases the court may be unwilling to act on the basis of a foreign document that has not been legalized, particularly when documents emanate from a jurisdiction with which it is not familiar. The presumption is useful because legalization procedures may be cumbersome and time-consuming (e.g. also because in some States they involve various authorities at different levels).
In respect of the provision relaxing any requirement of legalization, the question may arise whether this is in conflict with the international obligations of the enacting State. Several States are parties to bilateral or multilateral treaties on mutual recognition and legalization of documents, such as the Convention Abolishing the Requirement of Legalisation for Foreign Documents (1961), adopted under the auspices of the Hague Conference on Private International Law, which provides specific simplified procedures for the legalization of documents originating from signatory States. However, similarly as noted above with respect to the use of letters rogatory and similar formalities, the treaties on legalization of documents in many instances leave in effect laws and regulations that have abolished or simplified legalization procedures; therefore a conflict is unlikely to arise.
"However, [legalisation] mentioned in the preceding paragraph cannot be required when either the laws, regulations, or practice in force in the State where the document is produced or an agreement between two or more contracting States have abolished or simplified it, or exempt the document itself from legalisation."
To the extent there might still exist a conflict between the Model Law and a treaty, according to article 3 of the Model Law, the treaty will prevail.
(e.g. where the applicant is unable to submit documents that in all details meet the requirements of paragraph (2)(a) and (b)), it is allowed by paragraph (2)(c) to take into account evidence other than that specified in subparagraphs (a) and (b); this provision, however, does not compromise the court's power to insist on the presentation of evidence acceptable to it. It is advisable to maintain that flexibility in enacting the Model Law. Article 16(2), which provides that the court "is entitled to presume" the authenticity of documents accompanying the application for recognition, applies also to documents submitted under paragraph (2)(c) (see above, paras. 114-115).
Paragraph (3) requires that an application for recognition must be accompanied by a statement identifying all foreign proceedings in respect of the debtor that are known to the foreign representative. That information is needed by the court not so much for the decision on recognition itself but for any decision granting relief in favour of the foreign proceeding. Namely, in order to tailor such relief appropriately and make sure that relief is consistent with any other insolvency proceeding concerning the same debtor, the court needs to be aware of all foreign proceedings concerning the debtor which may be under way in third States.
An express provision establishing this duty to inform is useful, firstly, because the foreign representative is likely to have more comprehensive information about the debtor's affairs in third States than the court and, secondly, because the foreign representative may be primarily concerned with obtaining relief in favour of his or her foreign proceeding and less concerned about coordination with another foreign proceeding. (The duty to inform the court about a foreign proceeding that becomes known to the foreign representative after the decision on recognition is set out in article 18; as to coordination of more than one foreign proceeding, see article 30.
Paragraph (4) entitles, but does not compel, the court to require a translation of some or all documents accompanying the application for recognition. If this discretion is compatible with the procedures of the court, it is useful since it allows, when the court understands the documents, to shorten the time needed for a decision on recognition and reduces costs.
Different solutions exist also as to whether the court is required to issue notice of an application for recognition. In a number of jurisdictions, fundamental principles of due process, in some cases enshrined in the constitution, may be understood as requiring that a decision of the importance of the recognition of a foreign insolvency proceeding could only be made after hearing the affected parties. However, in other States it is considered that applications for recognition of foreign proceedings require expeditious treatment (as they are often submitted in circumstances of imminent danger of dissipation or concealment of the assets) and that, because of this need for expeditiousness, the issuance of notice prior to any court decision on recognition is not required. In that vein of thinking, imposing the requirement would cause undue delay and would be inconsistent with article 17(3), which provides that an application for recognition of a foreign proceeding should be decided upon at the earliest possible time.
Procedural matters related to such notice are not resolved by the Model Law and are thus governed by other provisions of law of the enacting State. The absence of an express reference to notice of the filing of an application for recognition or of the decision to grant recognition does not preclude the court from issuing such notice, where legally required, in pursuance of its own rules on civil or insolvency proceedings. By the same token, there is nothing in the Model Law that would mandate the issuance of such notice, where such requirement does not exist. Prior discussion in the Commission and the Working Group A/52/17, paras. 199-209 (Commission, 30th session) A/CN.9/435, paras. 165-173 (Working Group, 21st session) A/CN.9/433, paras.
A/CN.9/422, paras. 76-93, 152-159 (Working Group, 19th session) A/CN.9/419, paras.
Article 16.
If the decision or certificate referred to in article 15(2) indicates that the foreign proceeding is a proceeding within the meaning of article 2(a) and that the foreign representative is a person or body within the meaning of article 2(d), the court is entitled to so presume.
The court is entitled to presume that documents submitted in support of the application for recognition are authentic, whether or not they have been legalized.
The article establishes presumptions that allow the court to expedite the evidentiary process; at the same time they do not prevent, in accordance with the applicable procedural law, calling for, or assessing, other evidence if the conclusion suggested by the presumption is called into question by the court or an interested party.
For comments on paragraph (2), which dispenses with the requirement of legalization, see above, paragraphs 113 to 115.
Article 17.
the application has been submitted to the court referred to in article 4.
as a foreign non-main proceeding if the debtor has an establishment within the meaning of article 2(f) in the foreign State.
An application for recognition of a foreign proceeding shall be decided upon at the earliest possible time.
The provisions of articles 15, 16, 17 and 18 do not prevent modification or termination of recognition if it is shown that the grounds for granting it were fully or partially lacking or have ceased to exist.
The purpose of the article is to indicate that, if recognition is not contrary to the public policy of the enacting State, and if the application meets the requirements set out in the article, recognition will be granted as a matter of course.
It is noteworthy that, apart from the public policy exception (see article 6), the conditions for recognition do not include those that would allow the court considering the application to evaluate the merits of the foreign court's decision by which the proceeding has been commenced or the foreign representative appointed. The foreign representative's ability to obtain early recognition (and the consequential ability to invoke in particular articles 20, 21, 23 and 24) is often essential for the effective protection of the assets of the debtor from dissipation and concealment. For that reason, paragraph (3) obligates the court to decide on the application "at the earliest possible time" and the court should in practice be able to conclude the recognition process within such a short period of time.
The article draws in paragraph (2) the basic distinction between foreign proceedings categorized as "main" proceedings and those foreign proceedings that are not so characterized, depending upon the jurisdictional basis of the foreign proceeding (see above, para. 75). The relief flowing from recognition may depend upon the category into which a foreign proceeding falls. For example, recognition of a "main" proceeding triggers an automatic stay of individual creditor actions or executions concerning the assets of the debtor (art. 20(1)(a) and (b)) and an automatic "freeze" of those assets (art. 20(1)(c)), subject to certain exceptions referred to in article 20(2).
It is not advisable to include more than one criterion for qualifying a foreign proceeding as a "main" proceeding and provide that on the basis of any of those criteria a proceeding could be deemed a main proceeding. Such a "multiple criteria" approach would raise the risk of competing claims from foreign proceedings for recognition as the main proceeding.
Model Law does not envisage recognition of a proceeding commenced in a foreign State in which the debtor has assets but no establishment as defined in article 2(c).
A decision to recognize a foreign proceeding would normally be subject to review or rescission, as any other court decision. Paragraph (4) clarifies that the question of revisiting the decision on recognition, if grounds for granting it were fully or partially lacking or have ceased to exist, is left to the procedural law of the enacting State other than the provisions implementing the Model Law.
Modification or termination of the recognition decision may be a consequence of a change of circumstances after the decision on recognition, for instance, if the recognized foreign proceeding has been terminated or its nature has changed (e.g. a reorganization proceeding might be transformed into a liquidation proceeding). Also, new facts might arise which require or justify a change of the court's decision, for example, if the foreign representative disregarded the conditions under which the court granted relief.
A decision on recognition may also be subject to review as to whether in the decision-making process the requirements for recognition were observed. Some appeal procedures under national laws give the appeal court the authority to review the merits of the case in its entirety, including factual aspects. It would be consistent with the purpose of the Model Law, and with the nature of the decision granting recognition (which is limited to verifying whether the applicant fulfilled the requirements of article 17), if an appeal of the decision would be limited to the question whether the requirements of articles 15 and 16 were observed in deciding to recognize the foreign proceeding.
As noted above (paras. 120-121), procedural matters regarding requirements of notice of the decision to grant recognition are not dealt with by the Model Law and are left to other provisions of law of the enacting State.
Article 18.
any other foreign proceeding regarding the same debtor that becomes known to the foreign representative.
It is possible that, after the application for recognition or after recognition, changes occur in the foreign proceeding that would have affected the decision on recognition or the relief granted on the basis of recognition. For example, the foreign proceeding may be terminated or transformed from a liquidation proceeding into a reorganization proceeding, or the terms of the appointment of the foreign representative may be modified or the appointment itself terminated. Subparagraph (a) takes into account the fact that technical modifications in the status of the proceedings or the terms of the appointment are frequent, but that only some of those modifications are such that they would affect the decision granting relief or the decision recognizing the proceeding; therefore, the provision only calls for information of "substantial" changes. The court would likely be particularly anxious to be kept so informed when its decision on recognition concerns a foreign "interim proceeding" or a foreign representative has been "appointed on an interim basis" (see art. 2(a) and (d)).
Article 15(3) requires that an application for recognition be accompanied by a statement identifying all foreign proceedings in respect of the debtor that are known to the foreign representative. Subparagraph (b) extends that duty to the time after the application for recognition has been filed. That information will allow the court to consider whether relief already granted should be coordinated with the existence of the insolvency proceedings that have been commenced after the decision on recognition (see article 30). Prior discussion in the Commission A/52/17, paras.
Article 19.
any relief mentioned in article 21(1)(c), (d) and (g).
[Insert provisions (or refer to provisions in force in the enacting State) relating to notice.
Unless extended under article 21(1)(f), the relief granted under this article terminates when the application for recognition is decided upon.
The court may refuse to grant relief under this article if such relief would interfere with the administration of a foreign main proceeding.
Article 19 deals with "urgently needed" relief that may be ordered at the discretion of the court and is available as of the moment of the application for recognition (unlike relief under article 21, which is also discretionary but which is available only upon recognition).
Article 19 authorizes the court to grant the type of relief that is usually available only in collective insolvency proceedings (i.e. the same type of relief available under article 21), as opposed to the "individual" type of relief that may be granted before the commencement of insolvency proceedings under rules of civil procedure (i.e. measures covering specific assets identified by a creditor). However, the discretionary "collective" relief under article 19 is somewhat more narrow than the relief under article 21.
The reason for the availability of collective measures, albeit in a restricted form, is that relief of a collective nature may be urgently needed already before the decision on recognition in order to protect the assets of the debtor and the interests of the creditors. Exclusion of collective relief would frustrate those objectives. On the other hand, recognition has not yet been granted and, therefore, the collective relief is restricted to urgent and provisional measures. The urgency of the measures is alluded to in the opening words of paragraph (1), while paragraph (1)(a) restricts the stay to execution proceedings, and the measure referred to in paragraph (1)(b) is restricted to perishable assets and assets susceptible to devaluation or otherwise in jeopardy. Otherwise, the measures available under article 19 are essentially the same as those available under article 21.
Laws of many States contain requirements for notice to be given (either by the insolvency administrator upon the order of the court or by the court itself) when relief of the type mentioned in article 19 is granted. Paragraph (2) is the location where the enacting State should make appropriate provision for such notice.
Relief available under article 19 is provisional in that, as provided in paragraph (3), the relief terminates when the application for recognition is decided upon; however, the court is given the opportunity to extend the measure, as provided in article 21(1)(f). The court might wish to do so, for example, to avoid a hiatus between the provisional measure issued before recognition and the measure issued after recognition.
Paragraph (4) pursues the same objective as the one underlying article 30(a), namely that, if there is a foreign main proceeding pending, any relief granted in favour of a foreign non-main proceeding must be consistent (or should not interfere) with the foreign main proceeding.
15(3), to attach to the application for recognition a statement identifying all foreign proceedings with respect to the debtor that are known to the foreign representative.
Article 20.
the right to transfer, encumber or otherwise dispose of any assets of the debtor is suspended.
The scope, and the modification or termination, of the stay and suspension referred to in paragraph (1) of this article are subject to [refer to any provisions of law of the enacting State relating to insolvency that apply to exceptions, limitations, modifications or termination in respect of the stay and suspension referred to in paragraph (1) of this article].
Paragraph (1)(a) of this article does not affect the right to commence individual actions or proceedings to the extent necessary to preserve a claim against the debtor.
Paragraph (1) of this article does not affect the right to request the commencement of a proceeding under [identify laws of the enacting State relating to insolvency] or the right to file claims in such a proceeding.
While relief under articles 19 and 21 is discretionary, the effects provided by article 20 are not, i.e. they flow automatically from recognition of the foreign main proceeding. Another difference between discretionary relief under articles 19 and 21 and the effects under article 20 is that discretionary relief may be issued in favour of main as well as non-main proceedings, while the automatic effects apply only to main proceedings.
In the States where an appropriate court order is needed for the effects of article 20 to become operative, the enacting State, in order to achieve the purpose of the article, should include (perhaps in the opening words of paragraph (1)) language directing the court to issue an order putting into effect the consequences specified in subparagraphs (a), (b) and (c) of paragraph (1).
The automatic consequences envisaged in article 20 are necessary to allow taking steps for organizing an orderly and fair cross-border insolvency proceeding. In order to achieve those benefits, it is justified to impose on the insolvent debtor the consequences of article 20 in the enacting State (i.e. the country where it maintains a limited business presence), even if the State where the centre of the debtor's main interests is situated poses different (possibly less stringent) conditions for the commencement of insolvency proceedings or even if the automatic effects of the insolvency proceeding in the country of origin are different from the effects of article 20 in the enacting State. This approach reflects a basic principle underlying the Model Law according to which recognition of foreign proceedings by the court of the enacting State grants effects that are considered necessary for an orderly and fair conduct of a cross-border insolvency. Recognition, therefore, has its own effects rather than importing the consequences of the foreign law into the insolvency system of the enacting State. If recognition should in a given case produce results that would be contrary to the legitimate interests of an interested party, including the debtor, the law of the enacting State should provide possibilities for protecting those interests, as indicated in article 20(2) (and discussed below, in para. 149).
By virtue of article 2(a), the effects of recognition extend also to foreign "interim proceedings". That solution is necessary since, as explained above in paragraph 69, interim proceedings (provided they meet the requisites of article 2(a)), should not be distinguished from other insolvency proceedings merely because they are of an interim nature. If after recognition the foreign "interim proceeding" ceases to have a sufficient basis for the automatic effects of article 20, the automatic stay could be terminated pursuant to the law of the enacting State, as indicated in article 20(2). (See also article 18, which deals with the obligation of the foreign representative "to inform the court promptly of any substantial change in the status of the recognized foreign proceeding or the status of the foreign representative's appointment").
Paragraph (1)(a), by not distinguishing between various kinds of individual actions, also covers actions before an arbitral tribunal. Thus, article 20 establishes a mandatory limitation to the effectiveness of an arbitration agreement. This limitation is added to other possible limitations restricting the freedom of the parties to agree to arbitration which may exist in a national law (e.g. limits as to arbitrability or as to the capacity to conclude an arbitration agreement). Such limitations are not contrary to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958). However, bearing in mind the particularities of international arbitration, in particular its relative independence from the legal system of the State where the arbitral proceeding takes place, it might not always be possible, in practical terms, to implement the automatic stay of arbitral proceedings. For example, if the arbitration does not take place in the enacting State and perhaps also not in the State of the main proceeding it may be difficult to enforce the stay of the arbitral proceedings. Apart from that, the interests of the parties may be a reason for allowing an arbitral proceeding to continue, a possibility that is envisaged in paragraph (2) and left to the provisions of law of the enacting State.
Paragraph (1)(a) refers not only to "individual actions" but also to "individual proceedings" in order to cover, in addition to "actions" instituted by creditors in a court against the debtor or its assets, also enforcement measures initiated by creditors outside the court system, measures that creditors are allowed to take under certain conditions in some States. Paragraph (1)(b) has been added to make it abundantly clear that executions against the assets of the debtor are covered by the stay.
The Model Law does not deal with sanctions that might apply to acts performed in defiance of the suspension of transfers of assets provided under paragraph 20(1)(c). Those sanctions vary among legal systems, and might include criminal sanctions, penalties and fines, or the acts themselves might be void or capable of being set aside. It should be noted that, from the viewpoint of creditors, the main purpose of such sanctions is to facilitate recovery for the insolvency proceeding of any assets improperly transferred by the debtor and that, for that purpose, the setting aside of such transactions is preferable to the imposition of criminal or administrative sanctions on the debtor.
Notwithstanding the "automatic" or "mandatory" nature of the effects under article 20, it is expressly provided that the scope of those effects depends on exceptions or limitations that may exist in the law of the enacting State. Those exceptions may be, for example, the enforcement of claims by secured creditors, payments by the debtor in the ordinary course of business, initiation of court actions for claims that have arisen after the commencement of the insolvency proceeding (or after recognition of a foreign main proceeding), or completion of open financial-market transactions.
The rules governing the power of the court to do so vary. In some legal systems the courts are authorized to make individual exceptions upon request by an interested party, under conditions prescribed by local law, while in others the courts do not have that power, in line with the principle that, in general, courts do not have the power to set aside the application of a statutory rule of law. If courts are to be given such a power, some legal systems would normally require setting out grounds on which the court could modify or terminate the mandatory effects of recognition under article 20(1). In view of that situation, article 20(2) provides that the modification or termination of the stay and the suspension provided in the article is subject to the provisions of law of the enacting State relating to insolvency.
Generally, it is useful for persons that are adversely affected by the stay or suspension under article 20(1) to have an opportunity to be heard by the court, which should then be allowed to modify or terminate those effects. It would be consistent with the objectives of the Model Law if the enacting State would spell out, or refer to, the provisions that govern this question.
The Model Law does not address the question whether the limitation period for a claim ceases to run when the claimant is unable to commence individual proceedings as a result of article 20(1)(a). A harmonized rule on that question would not be feasible. However, since it is necessary to protect creditors from losing their claims because of a stay pursuant to article 20(1)(a), paragraph (3) has been added to authorize the commencement of individual actions to the extent necessary to preserve claims against the debtor. Once the claim has been preserved, the action continues to be covered by the stay.
Paragraph (3) might seem unnecessary in a State where a demand for payment or performance served by the creditor on the debtor causes the cessation of the running of the limitation period or where the stay of the kind envisaged in paragraph (1)(a) triggers such cessation. However, also in such States paragraph (3) may still be useful because the question of the cessation of the running of the limitation period might, pursuant to conflict-of-laws rules, be governed by the law of a State other than the enacting State; furthermore, the paragraph would be useful as assurance to foreign claimants that their claims would not be prejudiced in the enacting State.
20 do not prevent anyone, including the foreign representative or foreign creditors, from requesting the commencement of a local insolvency proceeding and to participate in that proceeding. The right to apply to commence a local insolvency proceeding and to participate in it is in a general way dealt with in articles 11, 12 and 13. If a local proceeding is indeed initiated, article 29 deals with the coordination of the foreign and the local proceedings.
Article 21.
granting any additional relief that may be available to [insert the title of a person or body administering a reorganization or liquidation under the law of the enacting State] under the laws of this State.
Upon recognition of a foreign proceeding, whether main or non-main, the court may, at the request of the foreign representative, entrust the distribution of all or part of the debtor's assets located in this State to the foreign representative or another person designated by the court, provided that the court is satisfied that the interests of creditors in this State are adequately protected.
In granting relief under this article to a representative of a foreign non-main proceeding, the court must be satisfied that the relief relates to assets that, under the law of this State, should be administered in the foreign non-main proceeding or concerns information required in that proceeding.
Post-recognition relief under article 21 is discretionary, as is pre-recognition relief under article 19. The types of relief listed in paragraph (1) are those that are typical or most frequent in insolvency proceedings; however, the list is not exhaustive in order not to restrict the court unnecessarily in its ability to grant any type of relief that is available under the law of the enacting State and needed in the circumstances of the case.
The explanation relating to the use of the expressions "individual actions" and "individual proceedings" in article 20(1)(a) and to coverage of execution proceedings (see above, paras.
145-146) applies also to article 21(1)(a).
It is in the nature of discretionary relief that the court may tailor it to the case at hand.
This idea is reinforced by article 22(2), according to which the court may subject the relief granted to conditions it considers appropriate.
The "turnover" of assets to the foreign representative (or another person), as envisaged in paragraph (2), is discretionary. It should be noted that the Model Law contains several safeguards designed to ensure the protection of local interests, before assets are turned over to the foreign representative. Those safeguards include: the general statement of the principle of protection of local interests in article 22(1); the provision in article 21(2) that the court should not authorize the turnover of assets until it is assured that the local creditors' interests are protected; and article 22(2), according to which the court may subject the relief it grants to conditions it considers appropriate.
One salient factor to be taken into account in tailoring the relief is whether it is for a foreign main or non-main proceeding. It is necessary to bear in mind that the interests and the authority of a representative of a foreign non-main proceeding are typically narrower than the interests and the authority of a representative of a foreign main proceeding, who normally seeks to gain control over all assets of the insolvent debtor. Paragraph (3) reflects that idea by providing (a) that relief granted to a foreign non-main proceeding should be limited to assets that are to be administered in that non-main proceeding, and (b) if the foreign representative seeks information concerning the debtor's assets or affairs, the relief must concern information required in that proceeding. The objective is to admonish the court that relief in favour of a foreign non-main proceeding should not give unnecessarily broad powers to the foreign representative and that such relief should not interfere with the administration of another insolvency proceeding, in particular the main proceeding.
The proviso "under the law of this State" reflects the principle underlying the Model Law that recognition of a foreign proceeding does not mean extending the effects of the foreign proceeding as they may be prescribed by the law of the foreign State. Rather, recognition of a foreign proceeding entails attaching to the foreign proceeding consequences envisaged by the law of the enacting State.
30 (coordination of more than one foreign proceeding).
Article 22.
In granting or denying relief under article 19 or 21, or in modifying or terminating relief under paragraph (3) of this article, the court must be satisfied that the interests of the creditors and other interested persons, including the debtor, are adequately protected.
The court may subject relief granted under article 19 or 21 to conditions it considers appropriate.
The court may, at the request of the foreign representative or a person affected by relief granted under article 19 or 21, or at its own motion, modify or terminate such relief.
The idea underlying article 22 is that there should be a balance between relief that may be granted to the foreign representative and the interests of the persons that may be affected by such relief. This balance is essential to achieve the objectives of cross-border insolvency legislation.
The reference to the interests of creditors, the debtor and other interested parties in paragraph (1) provides useful elements to guide the court in exercising its powers under article 19 or 21. In order to allow the court to tailor better the relief, the court is clearly authorized to subject the relief to conditions (para. (2)) and to modify or terminate the relief granted (para. (3)). An additional feature of paragraph (3) is that it expressly gives standing to the parties who may be affected by the consequences of articles 19 and 21 to petition the court to modify and terminate those consequences. Apart from that, the article is intended to operate in the context of the procedural system of the enacting State.
In many cases the affected creditors will be "local" creditors. Nevertheless, in enacting article 22, it is not advisable to attempt to limit it to local creditors. Any express reference to local creditors in paragraph (1) would require a definition of those creditors. An attempt to draft such a definition (and to establish criteria according to which a particular category of creditors might receive special treatment) would not only show the difficulty of crafting such a definition but would also reveal that there is no justification for discriminating creditors on the basis of criteria such as place of business or nationality.
Protection of all interested persons is linked to provisions in national laws on notification requirements; those may be general publicity requirements, designed to apprise potentially interested persons (e.g. local creditors or local agents of a debtor) that a foreign proceeding has been recognized, or there may be requirements for individual notifications which the court, under its own procedural rules, has to issue to persons that would be directly affected by recognition or relief granted by the court. National laws vary as to the form, time and content of notice required to be given of the recognition of foreign proceedings, and the Model Law does not attempt to modify those laws (see also above, para. 132). Prior discussion in the Commission and the Working Group A/52/17, paras. 82-93 (Commission, 30th session) A/CN.9/435, paras.
A/CN.9/433, paras. 140-146 (Working Group, 20th session) A/CN.9/422, para.
Article 23.
Upon recognition of a foreign proceeding, the foreign representative has standing to initiate [refer to the types of actions to avoid or otherwise render ineffective acts detrimental to creditors that are available in this State to a person or body administering a reorganization or liquidation].
When the foreign proceeding is a foreign non-main proceeding, the court must be satisfied that the action relates to assets that, under the law of this State, should be administered in the foreign non-main proceeding.
Under many national laws both individual creditors and insolvency administrators have a right to bring actions to avoid or otherwise render ineffective acts detrimental to creditors. Such a right, insofar as it pertains to individual creditors, is often not governed by insolvency law but by general provisions of law (such as the Civil Code); the right is not necessarily tied to the existence of an insolvency proceeding against the debtor so that the action may be instituted prior to the commencement of such a proceeding. The person having such a right is typically only an affected creditor and not another person such as the insolvency administrator. Furthermore, the conditions for these individual-creditor actions are different from the conditions applicable to similar actions that might be initiated by an insolvency administrator. It should be noted that the procedural standing conferred by article 23 extends only to actions that are available to the local insolvency administrator in the context of an insolvency proceeding, and that the article does not equate the foreign representative with individual creditors who may have similar rights under a different set of conditions. Such actions of individual creditors fall outside the scope of article 23.
The Model Law expressly provides that a foreign representative has "standing" (a concept in some systems referred to as "active procedural legitimation", "active legitimation" or "legitimation") to initiate actions to avoid or otherwise render ineffective legal acts detrimental to creditors. The provision is drafted narrowly in that it does not create any substantive right regarding such actions and also does not provide any conflict-of-laws solution. The effect of the provision is that a foreign representative is not prevented from initiating such actions by the sole fact that the foreign representative is not the insolvency administrator appointed in the enacting State.
Granting procedural standing to the foreign representative to institute such actions is not without difficulty. In particular, such actions might not be looked upon favourably because of their potential for creating uncertainty about concluded or performed transactions. However, since the right to commence such actions is essential to protect the integrity of the assets of the debtor and is often the only realistic way to achieve such protection, it has been considered important to ensure that such right would not be denied to a foreign representative on the sole ground that he or she has not been locally appointed. Prior discussion in the Commission and the Working Group A/52/17, paras. 210-216 (Commission, 30th session) A/CN.9/435, paras. 62-66 (Working Group, 21st session) A/CN.9/433, para.
Article 24. Intervention by a foreign representative in proceedings in this State Upon recognition of a foreign proceeding, the foreign representative may, provided the requirements of the law of this State are met, intervene in any proceedings in which the debtor is a party.
The purpose of the article is to avoid the denial of standing to the foreign representative "to intervene" in proceedings merely because the procedural legislation may not have contemplated the foreign representative among those having such standing. The article applies to foreign representatives of both main and non-main proceedings.
The word "intervene" in the context of article 20 is intended to refer to the case where the foreign representative appears in court and makes representations in proceedings, whether those proceedings be individual court actions or other proceedings (including extrajudicial proceedings) instituted by the debtor against a third party, or proceedings instituted by a third party against the debtor. The proceedings where the foreign representative might intervene could only be those that have not been stayed under articles 20(1)(a) or 21(1)(a).
The article, limited to providing procedural standing, makes it clear (by stating "provided the requirements of the law of this State are met") that all other conditions of the local law for a person to be able to intervene remain intact.
Many if not all national procedural laws contemplate cases where a party (the foreign representative in this article) who demonstrates a legal interest in the outcome of a dispute between two other parties may be permitted by the court to be heard in the proceedings.
Those procedural laws refer to such situations by different expressions, among which the expression "intervention" is frequently used. If the enacting State uses another expression for that concept, the use of such other expression in enacting article 24 would be appropriate.
It should be noted that the expression "participate" as used in the context of article 12 refers to a case where the foreign representative makes representations in a collective insolvency proceeding (see above, para. 102), whereas the expression "intervene" as used in article 24 covers a case where the foreign representative takes part in proceedings concerning an individual action by or against the debtor.
Article 25.
[insert the title of a person or body administering a reorganization or liquidation under the law of the enacting State].
The court is entitled to communicate directly with, or to request information or assistance directly from, foreign courts or foreign representatives.
Article 26.
In matters referred to in article 1, a [insert the title of a person or body administering a reorganization or liquidation under the law of the enacting State] shall, in the exercise of its functions and subject to the supervision of the court, cooperate to the maximum extent possible with foreign courts or foreign representatives.
The [insert the title of a person or body administering a reorganization or liquidation under the law of the enacting State] is entitled, in the exercise of its functions and subject to the supervision of the court, to communicate directly with foreign courts or foreign representatives.
Article 27.
[the enacting State may wish to list additional forms or examples of cooperation].
Chapter IV (arts. 25-27) on cross-border cooperation is a core element of the Model Law. Its objective is to enable courts and insolvency administrators from two or more countries to be efficient and achieve optimal results. Cooperation as described in the chapter is often the only realistic way, for example, to prevent dissipation of assets; to maximize the value of assets (e.g. when items of production equipment located in two States are worth more if sold together than if sold separately); or to find the best solutions for the reorganization of the enterprise.
Articles 25 and 26 not only authorize cross-border cooperation, they also mandate it by providing that the court and the insolvency administrator "shall cooperate to the maximum extent possible". These articles are designed to overcome a widespread lack in national laws of rules providing a legal basis for cooperation by local courts with foreign courts in dealing with cross-border insolvencies. Enactment of such a legal basis would be particularly helpful in legal systems in which the discretion given to judges to operate outside areas of express statutory authorization is limited. However, even in jurisdictions in which there is a tradition of wider judicial latitude, enactment of a legislative framework for cooperation has proven to be useful.
To the extent that cross-border judicial cooperation in the enacting State is based on principles of comity among nations, the enactment of articles 25 to 27 offers an opportunity for making this principle more concrete and adapted to the particular circumstances of cross-border insolvencies.
In the States in which the proper legal basis for international cooperation in the area of cross-border insolvency is not the principle of "comity", but an international agreement (e.g. a bilateral or multilateral treaty or an exchange of letters between the cooperating authorities) based on the principle of reciprocity, chapter IV of the Model Law may serve as a model for the elaboration of such international cooperation agreements.
The articles leave the decision as to when and how to cooperate to the courts and, subject to the supervision of the courts, to the insolvency administrators. For a court (or a person or body referred to in articles 25 and 26) to cooperate with a foreign court or a foreign representative regarding a foreign proceeding, the Model Law does not require a previous formal decision to recognize that foreign proceeding. 178. The ability of courts, with appropriate involvement of the parties, to communicate "directly" and to request information and assistance "directly" from foreign courts or foreign representatives is intended to avoid the use of time consuming procedures traditionally in use, such as letters rogatory. This ability is critical when the courts consider that they should act with urgency.
Law an express provision that would authorize the courts, when they engage in cross-border communications under article 25, to forgo use of the formalities (e.g. communication via higher courts, letters rogatory or other diplomatic or consular channels) that are inconsistent with the policy behind the provision.
The importance of granting the courts flexibility and discretion in cooperating with foreign courts or foreign representatives was emphasized at the Second UNCITRAL-INSOL Multinational Judicial Colloquium on Cross-Border Insolvency. At that Colloquium, reports of a number of cases in which judicial cooperation in fact occurred were given by the judges involved in the cases. From those reports a number of points emerged, which might be summarized as follows: (a) communication between courts is possible, but should be done carefully and with appropriate safeguards for the protection of substantive and procedural rights of the parties; (b) communication should be done openly, with advance notice to the parties involved and in the presence of those parties, except in extreme circumstances; (c) communications that might be exchanged are various and include: exchanges of formal court orders or judgments; supply of informal writings of general information, questions and observations; and transmission of transcripts of court proceedings; (d) means of communication include, for example, telephone, facsimile, electronic-mail facilities and video; and (e) where communication is necessary and is intelligently used, there could be considerable benefits for the persons involved in, and affected by, the cross-border insolvency. The Colloquium was held from 22 to 23 March 1997 in conjunction with the 5th World Congress of the International Association of Insolvency Practitioners (INSOL) (New Orleans, 23 to 26 March 1997). A brief account of the Colloquium appears in document A/52/17, paragraphs 17-22. Article 26 180.
Inclusion of article 26 on international cooperation between persons who are appointed to administer assets of insolvent debtors reflects the important role that such persons can play in devising and implementing cooperative arrangements, within the parameters of their authority. The provision makes it clear that an insolvency administrator acts under the overall supervision of the competent court (by stating "in the exercise of its functions and subject to the supervision of the court"). The Model Law does not modify the rules already existing in the insolvency law of the enacting State on the supervisory functions of the court over the activities of the insolvency administrator. Generally, a certain degree of latitude and initiative of administrators, within the broad confines of judicial supervision, are mainstays of cooperation in practical terms; it is therefore advisable that the enacting State does not change that in enacting the Model Law. In particular, there should be no suggestion that ad hoc authorization would be needed for each communication between the administrator and a foreign body. Article 27 181.
Article 27 is suggested to be used by the enacting State to provide courts with an indicative list of the types of cooperation that are authorized by articles 25 and 26. Such an indicative listing may be particularly helpful in States with a limited tradition of direct cross-border judicial cooperation, and in States where judicial discretion has traditionally been limited. Any listing of forms of possible cooperation should not purport to be exhaustive, as this might inadvertently preclude certain forms of appropriate cooperation.
The implementation of cooperation would be subject to any mandatory rules applicable in the enacting State; for example, in the case of requests for information, rules restricting the communication of information (e.g. for reasons of protection of privacy) would apply.
Subparagraph (f) of article 27 is a slot where the enacting State may include additional forms of possible cooperation. Those might include, for example, suspension or termination of existing proceedings in the enacting State.
A/CN.
CHAPTER V. CONCURRENT PROCEEDINGS Article 28. Commencement of a proceeding under [identify laws of the enacting State relating to insolvency] after recognition of a foreign main proceeding After recognition of a foreign main proceeding, a proceeding under [identify laws of the enacting State relating to insolvency] may be commenced only if the debtor has assets in this State; the effects of that proceeding shall be restricted to the assets of the debtor that are located in this State and, to the extent necessary to implement cooperation and coordination under articles 25, 26 and 27, to other assets of the debtor that, under the law of this State, should be administered in that proceeding.
Article 28, in conjunction with article 29, provides that recognition of a foreign main proceeding will not prevent the commencement of a local insolvency proceeding concerning the same debtor as long as the debtor has assets in the State.
The position taken in article 28 is in substance the same as the position taken in a number of States. However, in some States for the court to have jurisdiction to commence a local insolvency proceeding, the mere presence of assets in the State is not sufficient. For such jurisdiction to exist, the debtor must be engaged in an economic activity in the State (to use the terminology of the Model Law, the debtor must have an "establishment" in the State, as defined in article 2(f)). The Model Law opted in this article for the less restrictive solution in a context where the debtor is already involved in a foreign main proceeding. While the solution leaves a broad ground for commencing a local proceeding after recognition of a foreign main proceeding, it serves the purpose of indicating that if the debtor has no assets in the State there is no jurisdiction for commencing an insolvency proceeding.
Nevertheless, the enacting State may wish to adopt the more restrictive solution, i.e. allowing the initiation of the local proceeding only if the debtor has an "establishment" in the State. The rationale may be that, when the assets in the enacting State are not part of an establishment, the commencement of a local proceeding would typically not be the most efficient way to protect the creditors, including local creditors. By tailoring relief to be granted to the foreign main proceeding and cooperating with the foreign court and foreign representative, the court in the enacting State would have sufficient opportunities to ensure that the assets in the State would be administered in such a way that local interests would be adequately protected. Therefore, the enacting State would act in line with the philosophy of the Model Law if it enacts the article by replacing the words "only if the debtor has assets in this State", as they currently appear in article 28, with the words "only if the debtor has an establishment in this State".
Ordinarily, the local proceeding of the kind envisaged in the article would be limited to the assets located in the State. However, in some situations a meaningful administration of the local insolvency proceeding may have to include certain assets abroad, especially when there is no foreign proceeding necessary or available in the State where the assets are situated (for example: where the local establishment would have an operating plant in a foreign jurisdiction; where it would be possible to sell the debtor's assets in the enacting State and the assets abroad as a "going concern"; or where assets were fraudulently transferred abroad from the enacting State). In order to allow such limited cross-border reach of a local proceeding, the article includes at the end of paragraph (1) the words "and such other property as may be appropriately administered within the proceedings in this State". Two restrictions have been included in the article concerning the possible extension of effects of a local proceeding to assets located abroad: firstly, the extension is permissible "to the extent necessary to implement cooperation and coordination under articles 25, 26 and 27", and, secondly, those foreign assets must be subject to administration in the enacting State "under the law of [the enacting State]". Those restrictions are useful in order to avoid creating an open-ended faculty to extend the effects of a local proceeding to assets located abroad, a faculty that would generate uncertainty as to the application of the provision and may lead to conflicts of jurisdiction. Prior discussion in the Commission and the Working Group A/52/17, paras. 94-101 (Commission, 30th session) A/CN.9/435, paras. 180-183 (Working Group, 21st session) A/CN.9/433, paras. 173-181 (Working Group, 20th session) A/CN.9/422, paras.
Article 29.
in granting, extending or modifying relief granted to a representative of a foreign non-main proceeding, the court must be satisfied that the relief relates to assets that, under the law of this State, should be administered in the foreign non-main proceeding or concerns information required in that proceeding.
The article gives guidance to the court that deals with cases where the debtor is subject to a foreign proceeding and a local proceeding at the same time. The opening words of the provision direct the court that in all such cases it must seek cooperation and coordination pursuant to chapter IV of the Model Law, i.e. articles 25, 26 and 27.
The salient principle embodied in this article is that the commencement of a local proceeding does not prevent or terminate the recognition of a foreign proceeding. This principle is essential for achieving the objectives of the Model Law in that it allows the court in the enacting State in all circumstances to provide relief in favour of the foreign proceeding.
However, the article maintains a pre-eminence of the local proceeding over the foreign proceeding. This has been done in the following ways: firstly, any relief to be granted to the foreign proceeding must be consistent with the local proceeding (subpara. (a)(I)); secondly, any relief that has already been granted to the foreign proceeding must be reviewed and modified or terminated to ensure consistency with the local proceeding (subpara. (b)(I)); thirdly, if the foreign proceeding is a main proceeding, the automatic effects pursuant to article 20 are to be modified and terminated if inconsistent with the local proceeding (those automatic effects do not terminate automatically since they may be beneficial, and the court may wish to maintain them) (subpara. (b)(ii)); fourthly, where a local proceeding is pending at the time a foreign proceeding is recognized as a main proceeding, the foreign proceeding does not enjoy the automatic effects of article 20 (subpara. (a)(ii)). The article avoids establishing a rigid hierarchy between the proceedings since that would unnecessarily hinder the ability of the court to cooperate and exercise its discretion under articles 19 and 21. It is desirable not to restrict that latitude of the court when the article is enacted.
Subparagraph (c) incorporates the principle that relief granted to a foreign non-main proceeding should be limited to assets that are to be administered in that non-main proceeding or must concern information required in that proceeding. This principle is expressed in article 21(3) (which deals in a general way with the type of relief that may be granted to a foreign representative) and is restated in this article (which deals with coordination of local and foreign proceedings). Article 19(4) (on pre-recognition relief) and article 30 (on coordination of more than one foreign proceeding) are inspired by the same principle. (See also comments above, para. 140). Prior discussion in the Commission and the Working Group A/52/17, paras. 106-110 (Commission, 30th session) A/CN.9/435, paras.
Article 30.
if, after recognition of a foreign non-main proceeding, another foreign non-main proceeding is recognized, the court shall grant, modify or terminate relief for the purpose of facilitating coordination of the proceedings.
The article deals with cases where the debtor is subject to insolvency proceedings in more than one foreign State and foreign representatives of more than one foreign proceeding seek recognition or relief in the enacting State. The provision applies whether or not an insolvency proceeding is pending in the enacting State. If in addition to two or more foreign proceedings there is a proceeding in the enacting State, the court will have to act pursuant to both articles 29 and 30.
The objective of article 30 is similar to the objective of article 29 in that the key issue in the case of concurrent proceedings is to promote cooperation, coordination and consistency of relief granted to different proceedings. Such consistency will be achieved by appropriate tailoring of relief to be granted or by modifying or terminating relief already granted. Unlike article 29 (which as a matter of principle gives primacy to the local proceeding), article 30 gives preference to the foreign main proceeding if there is one. In the case of more than one foreign non-main proceeding, the provision does not a priori treat any foreign proceeding preferentially. Priority for the foreign main proceeding is reflected in the requirement that any relief in favour of a foreign non-main proceeding (whether already granted or to be granted) must be consistent with the foreign main proceeding (subparas. (a) and (b)).
Article 31. Presumption of insolvency based on recognition of a foreign main proceeding In the absence of evidence to the contrary, recognition of a foreign main proceeding is, for the purpose of commencing a proceeding under [identify laws of the enacting State relating to insolvency], proof that the debtor is insolvent.
In some jurisdictions proof that the debtor is insolvent is required for the commencement of insolvency proceedings. In other jurisdictions insolvency proceedings may be commenced under specific circumstances defined by law which do not necessarily mean that the debtor is in fact insolvent; those circumstances may be, for example, cessation of payments by the debtor or certain actions of the debtor such as a corporate decision, dissipation of its assets or abandonment of its establishment.
In jurisdictions where insolvency is a condition for commencing insolvency proceedings, article 31 establishes, upon recognition of a foreign main proceeding, a rebuttable presumption of insolvency of the debtor for the purposes of commencing an insolvency proceeding in the enacting State. The presumption does not apply if the foreign proceeding is a non-main proceeding. The reason is that an insolvency proceeding commenced in a State other than the State where the debtor has the centre of its main interests does not necessarily mean that the debtor is to be subject to laws relating to insolvency in other States.
For the national laws where proof that the debtor is insolvent is not required for the commencement of insolvency proceedings, the presumption established in article 31 may be of little practical significance and the enacting State may decide not to enact it.
The article would have particular significance when proving insolvency as the prerequisite for an insolvency proceeding would be a time-consuming exercise and of little additional benefit bearing in mind that the debtor is already in an insolvency proceeding in the State where it has the centre of its main interests and the commencement of a local proceeding may be urgently needed for the protection of local creditors. Nonetheless, the court of the enacting State is not bound by the decision of the foreign court, and local criteria for demonstrating insolvency remain operative, as is clarified by the words "in the absence of evidence to the contrary".
A/CN.9/422, para.
Article 32. Rule of payment in concurrent proceedings Without prejudice to secured claims or rights in rem, a creditor who has received part payment in respect of its claim in a proceeding pursuant to a law relating to insolvency in a foreign State may not receive a payment for the same claim in a proceeding under [identify laws of the enacting State relating to insolvency] regarding the same debtor, so long as the payment to the other creditors of the same class is proportionately less than the payment the creditor has already received.
The rule set forth in article 32 (sometimes referred to as the "hotchpot" rule) is a useful safeguard in a legal regime for coordination and cooperation in the administration of cross-border insolvency proceedings. It is intended to avoid situations in which a creditor might obtain more favourable treatment than the other creditors of the same class by obtaining payment of the same claim in insolvency proceedings in different jurisdictions. For example, an unsecured creditor has received 5 percent of its claim in a foreign insolvency proceeding; that creditor also participates in the insolvency proceeding in the enacting State, where the rate of distribution is 15 percent; in order to put the creditor in the equal position as the other creditors in the enacting State, the creditor would receive 10 percent of its claim in the enacting State.
The article does not affect the ranking of claims as established by the law of the enacting State, and is solely intended to establish the equal treatment of creditors of the same class. To the extent claims of secured creditors or creditors with rights in rem are paid in full (a matter that depends on the law of the State where the proceeding is conducted), those claims are not affected by the provision.
The expression "secured claims" is used to refer generally to claims guaranteed by particular assets, while the words "rights in rem" are intended to indicate rights relating to a particular property that are enforceable also against third parties. A given right may fall within the ambit of both expressions, depending on the classification and terminology of the applicable law. The enacting State may use another term or terms for expressing these concepts.
The UNCITRAL Secretariat may assist States with technical consultations for the preparation of legislation based on the Model Law. Further information may be obtained from: the UNCITRAL Secretariat, Vienna International Centre, P.O. Box 500, A-1400 Vienna, Austria; telephone (43-1) 21345-4060; fax (43-1) 21345-5813 (but note that some time during 1998 the number 21345 will be changed to 26060); electronic mail: uncitral@unov.un.or.at; Internet home page: http://www.un.or.at/uncitral.
Once enacted, the Model Law will be included in the system for collecting and disseminating information on case law relating to the Conventions and Model Laws that have emanated from the work of the Commission (Case Law on UNCITRAL Texts (CLOUT)). The purpose of the system is to promote international awareness of the legislative texts formulated by the Commission and to facilitate their uniform interpretation and application. The Secretariat publishes, in the six languages of the United Nations, abstracts of decisions and makes available, against reimbursement of copying expenses, the original decisions on the basis of which the abstracts were prepared. The system is explained in document A/CN.9/SER.C/GUIDE/1, available from the Secretariat and at the Internet home page indicated in the preceding paragraph.
The first was the UNCITRAL-INSOL Colloquium on Cross-Border Insolvency, Vienna, 17-19 April 1994 report on the Colloquium: doc. A/CN.9/398, UNCITRAL Yearbook, vol.
XXV: 1994, part two, V, B; the proceedings of the Colloquium are published in International Insolvency Review, Special Conference Issue 1995, vol: 4; considerations of the Commission relating to the Colloquium: doc. A/49/17, paras. 215-222, UNCITRAL Yearbook, vol. XXV: 1994, part one, A). Subsequently, an international meeting of judges was held specifically to elicit their views: the UNCITRAL-INSOL Judicial Colloquium on Cross-Border Insolvency, Toronto, 22-23 March 1995 (report on the Judicial Colloquium: doc. A/CN.9/413, UNCITRAL Yearbook, vol. XXVI: 1995, part two, IV, A; considerations of the Commission relating to the Judicial Colloquium: doc. A/50/17, paras. 382-393, UNCITRAL Yearbook, vol. XXVI: 1995, part one, A).
Official Records of the General Assembly, Fiftieth Session, Supplement No. 17 (A/50/17) (UNCITRAL Yearbook, vol. XXVI: 1995, part one, A), paras. 392 and 393.
The eighteenth session (Vienna, 30 October - 10 November 1995), report: document A/CN.9/419 (UNCITRAL Yearbook, vol. XXVII: 1996, part two); nineteenth session (New York, 1-12 April 1996), report: document A/CN.9/422 (UNCITRAL Yearbook, vol. XXVII: 1996, part two); twentieth session (Vienna, 7-18 October 1996), report: document A/CN.9/433 (UNCITRAL Yearbook, vol. XXVIII: 1997, part two); twenty-first session (New York, 20-31 January 1997), report: document A/CN.9/435 (UNCITRAL Yearbook, vol. XXVIII: 1997, part two).
The Second UNCITRAL-INSOL Multinational Judicial Colloquium on Cross-Border Insolvency was held from 22 to 23 March 1997 in conjunction with the 5th World Congress of INSOL, New Orleans, 23-26 March 1997. A brief account of the Colloquium appears in doc. A/52/17, paras. 17-22 (UNCITRAL Yearbook, vol. XXVIII: 1997, part one, A).
The Model Law is also published in Official Records of the General Assembly, Fifty-second Session, Supplement No. 17 (A/52/17, annex I) (UNCITRAL Yearbook, vol. XXVIII: 1997, part three).
74 Guide to Enactment of the UNCITRAL Model Law: Annexure A doc. A/52/17, paras. 12-225 (UNCITRAL Yearbook, vol. XXVIII: 1997, part one, A).
<fn>GOV-ZA.1998DvDestroysEn.2012-02-10.en.txt</fn>
Government places a strong emphasis on the eradication of violence. In an effort to combat domestic violence, the Domestic Violence Act, 1998, was recently enacted.
What is Domestic Violence?
If these forms of abuse are happening to you or to anyone you know, you can apply for a protection order.
Who may obtain a protection order?
Unless a person is a minor, a mentally retarded person, unconscious or if the court is satisfied that he or she is unable to give the required consent, he or she must give her written consent.
Where can an application for a protection order be made?
When can an application be made?
The abused person does not have to live, work or own business in the area of the court for a specific period. Once granted the protection order is enforceable throughout the country.
To whom should an application for a protection order be made?
What powers do the police have in domestic violence cases?
If you need immediate protection, ask the court foran interim protection order. This order will give you emergency protection until the hearing.
If he or she does appear, the court hears evidence from both of you.
What does an abused person do if the abuser violates the protection order?
impose additional conditions necessary to protect and provide for the safety, health or well-being of the abused person.
How long is the protection order valid?
What if the abused person cannot afford to pay for the protection order to be delivered?
He or she may apply to the clerk of the court for financial assistance.
Everyone deserves the opportunity to grow as a human being and be treated with dignity and respect.
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<fn>GOV-ZA.1998Pr109En.2012-02-10.en.txt</fn>
At the request of the Department of Home Affairs, the Law Commission has included in its programme an investigation into the Marriage Act 25 of 1961. The investigation will focus mainly on whether the provisions contained in the Act are adequate or whether they should be amended and, in that event, the way in which such amendments should be effected.
The Marriage Act presently governs the following aspects of contracting marriages in South Africa.
sets out the formalities that must be gone through in order to contract a valid marriage and these include the requirements that the parties appear in person with witnesses, that the marriage be solemnised by a marriage officer according to a certain formula in a public building within certain times of the day and that the parties sign a marriage register.
The Commission wishes to draw attention to two of its investigations which have a direct bearing on this project, namely Customary Marriages and Islamic Marriages . The investigation into Customary Marriages has already resulted in an Issue Paper and a Discussion Paper containing preliminary recommendations, whereas the investigation in Islamic Marriages is still in its planning stage.
The Commission invites the comments of all parties who feel that they have an interest in the topic concerned or may be affected by the type of measures set out in the Marriage Act. Individuals, organisations and institutions affected by the Marriage Act or who are likely to be affected by possible amendments to the existing legislation should participate in this debate and are invited to indicate how the present law governing the contracting of marriage affects them, what their concerns are, what solutions they are able to propose and whether there are other issues and/or options affecting the law of marriage that must be explored.
Based on the outcome of these comments a discussion paper setting out the issues and preliminary recommendations and containing draft legislation will be prepared and distributed for general information and comment. Finally, on the basis of these comments and discussions, a report containing the Commission's final recommendations will be prepared and presented to the Minister of Justice.
It would be appreciated if written comments or suggestions could reach the Commission by 20 February 1998 at the address given below.
Correspondence should be addressed to: The Secretary South African Law Commission Private Bag X 668 PRETORIA 0001 e-mail: pvwyk@salawcom.org.
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The South African Law Commission has published its Discussion Paper 75 on the Jurisdiction of Magistrates' Courts in Constitutional Matters for general information and comment. On 22 May 1997, the Minister of Justice asked the Law Commission to include in its programme for investigation the need for remedial legislative proposals, which are not in conflict with the other provisions of the Constitution, providing for appropriate instances where Magistrates' Courts should have jurisdiction in constitutional matters. On 8 December 1997, the Commission received from the Minister of Justice a request that its investigation commissioned earlier by him be widened. Commissioner JJ Gauntlett SC was asked by the Commission to undertake the investigation on its behalf.
if in any proceedings before a court referred to in subsection (1), it is alleged that any law or provision of such law is invalid on the ground of its inconsistency with a provision of this Constitution and the court does not have the competency to inquire into the validity of such a law or provision, the court shall subject to the other provisions of this section, decide the matter on the assumption that the law or provision is valid.
No similar provision is to be found in the Constitution of the Republic of South Africa Act, 1996.
magistrates' courts and all other courts may decide any matter determined by an Act of Parliament, but a court of a status lower than a High Court may not inquire into or rule on the constitutionality of any legislation or any conduct of the President.
Do Magistrates' Courts at present have any jurisdiction of a constitutional nature under the Constitution, and if so, to what extent?
Is it desirable that Magistrates' Courts have jurisdiction in respect of constitutional matters, and if so, to what extent?
If it is considered that Magistrates' Courts lack jurisdiction in respect of constitutional matters, how is the situation to be remedied?
Is it desirable that Magistrates' Courts retain their current jurisdiction in terms of section 110 of the Magistrates' Courts Act, 1944 in relation to what its heading describes as a "plea of ultra vires"?
It is suggested that magistrates' courts should be given a constitutional jurisdiction appropriate to their position in the court structure in South Africa. They represent the primary means of access to justice for most South Africans. An exclusion of all constitutional jurisdiction would be inappropriate, more particularly in view of the interactive growth between the common law and our developing constitutional law contemplated by section 8(3) of the Constitution.
If this approach is supported, the extent of an appropriate constitutional jurisdiction arises. It is proposed that this include not only the general or "common law" aspects, but the legislative areas long encompassed by section 110 of the Magistrates' Court Act.
It is proposed that the existing ultra vires jurisdiction of section 110 of the Magistrates' Courts Act be retained.
The Full Bench of a High Court of competent jurisdiction must confirm any order of constitutional invalidity made by a Magistrates' Court or another court of a status lower than a High Court, before that order has any force.
Subsections 2(b), (c) and (d) of section 172 apply with the necessary changes to an order of constitutional invalidity made by a Magistrates' Court or another court of a status lower than a High Court, and to any referral of, appeal against, or application for the confirmation of, such order, to the Full Bench of a High Court of competent jurisdiction.
No magistrate's court shall be competent to rule on the constitutional validity or validity for any other reason of any Act of Parliament, any legislation passed by the legislature of a province after 27 April 1994, or any conduct of the President, and every magistrate's court shall assume that any such Act, legislation or conduct is valid.
The issues mentioned above and other options for the improvement of the law need to be debated thoroughly. Based on the outcome a report containing the Commission's final recommendations and legislation in respect of the constitutional jurisdiction of Magistrates' Courts will be prepared and presented to the Minister of Justice. The comments of all parties who feel that they have an interest in this topic or who may be affected by the type of measures discussed in this paper are therefore of vital importance to the Commission. All respondents are invited to indicate whether there are any other issues and/or options that they feel should be explored. All interested parties likely to be affected by possible legislation should participate in this debate.
It would be appreciated if written comments or suggestions could reach the Commission by 15 June 1998 at the address given below.
The Discussion Paper is obtainable free of charge from the Commission on request.
The Secretary South African Law Commission Private Bag X 668 PRETORIA 0001 e-mail: pvwyk@salawcom.org.
Telephone: (012) 322-6440 (Mrs P.
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The South African Law Commission has submitted its Report on Unreasonable Stipulations in Contracts and the Rectification of Contracts (Project 47) to the Minister of Justice.
The object of Project 47 is to consider whether the courts or other bodies should be enabled to remedy contracts or contractual terms that are unreasonable, unconscionable or oppressive and thus to modify the application to particular situations before the courts or other body or bodies of such contracts or terms so as to avoid the injustices which would otherwise ensue.
The background to the Report is that the Commission published a Working Paper during May 1994 and a Discussion Paper during July 1996 for general information and comment. The Report reflects mainly the comments received in respect of the Discussion Paper.
It happens daily that individuals voluntarily enter into contracts with one another, or with banks, building societies, financial institutions, wholesalers or retailers, in the expectation that the contracts will satisfy their needs and aspirations, only to find subsequently that, in practical application, the contracts as a whole or some of their terms are unjust or unconscionable. Common examples of such situations abound, but a few examples will suffice: the head of a homeless family urgently in need of a roof over their heads signs a lease which gives the lessor the right to raise the rent unilaterally and at will, and the lessor doubles the rent within five months; an uneducated man signs a contract of loan in which he agrees to the jurisdiction of a High Court, to find out only later, when he is sued that a lower court also had jurisdiction over the matter and that the case could have been disposed of at a much lower cost to himself; a man from a rural area purchases furniture from a city store on standard, pre-prepared hirepurchase terms, later to find out that he has waived all his rights relating to latent defects in the goods sold; an illiterate and unemployed bricklayer agrees to act as subcontractor for a building contractor on the basis that he must at his own expense procure an assistant, and so on.
The question was asked in the Discussion Paper whether the courts should be able to give relief in these circumstances by either setting aside the contract or modifying its terms.
Reform is called for in this area of the law. Legislation addressing contractual unreasonableness, unconscionability or oppressiveness in all contractual phases, namely at the stages when a contract comes into being, when it is executed and when its terms are enforced, is the most viable and expedient method to effect such legal reform.
There is a need to confer wide powers to the courts to effect justice to contracting parties. These powers should be balanced by confining the proposed criteria to unreasonableness, unconscionability and oppressiveness.
make such other order as may in the opinion of the court be necessary to prevent the effect of the contract being unreasonable, unconscionable or oppressive to any of the parties.
There is a practical need to provide some definition to the concept of unreasonableness, unconscionability or oppressiveness by setting out guidelines in the proposed legislation, so as to enhance legal certainty.
contracts to which the Companies Act, Act 61 of 1973, or the Close Corporations Act, Act 69 of 1984, apply or which arise out of the application of those Acts; and contractual terms in respect of which measures are provided under international treaties to which the Republic of South Africa is a signatory and which depart from the provisions of the proposed Control of Unreasonableness, Unconscionability or Oppressiveness in Contracts or Terms Bill.
The application of the proposed legislation should not be excluded in respect of family law agreements in accordance with the Divorce Act, the Matrimonial Affairs Act, or the Matrimonial Property Act. It does not seem to the Commission that settlements reached under these Acts are in any way satisfactorily regulated and the possibility of judicial review under the proposed legislation seems to be called for.
The proposed legislation should provide that the relevant circumstances to be taken into account are those that existed at the time of the conclusion of the contract. Furthermore, where there is a reasonably unforeseeable change of circumstances which makes performance under the contract excessively onerous, the parties to the contract should be bound to enter into negotiations with a view to adapting the contract or terminating it.
There is also a need for a specific provision conferring on the High Court the jurisdiction where it is satisfied, on the application of any organisation, or any body or person, that a person has embarked, or is likely to embark, on a course of conduct leading to the formation of contracts or terms which are unreasonable, unconscionable or oppressive, that it may, by order, prescribe or otherwise restrict, the terms upon which that person may enter into contracts of a specified class.
The Office of an Ombudsperson should be established to ensure that standard contract terms comply with the requirements of contractual fairness, thus providing a remedy to ordinary consumers who would not be able to seek redress in the courts.
to refrain from acting in a manner that would have been prohibited.
The question whether the parol evidence rule should be retained or abolished leads to divergent answers not only in South Africa but also in other jurisdictions. The Law Commission takes the view that evidence of what passed between the parties, or the background or surrounding circumstances, is the best evidence of what the parties had in mind, and if the words the parties used are capable of some other meaning, as is almost invariably the case, justice requires that such evidence should be admissible to prove the contract.
Whether or not the words of the contract appear to be ambiguous evidence of what passed during negotiations between the parties during and after the execution of the contract and surrounding circumstances is admissible to assist in the interpretation of any contract.
<fn>GOV-ZA.1998Prj85En.2012-02-10.en.txt</fn>
On 6 May 1998 the South African Law Commission submitted two interim reports on aspects of the law relating to AIDS to the Minister of Justice. The Commission has been assisted in this task by a project committee representative of divergent interests under the leadership of Mr Justice Edwin Cameron.
The reports (the Commission's Second and Third Interim Reports on Aspects of the Law relating to AIDS) deal with pre-employment HIV testing, and with HIV/AIDS and discrimination in schools respectively. Both reports contain proposals for legislative intervention. The one recommends legislation to prohibit pre-employment testing for HIV, subject to exceptions, while the other recommends the adoption of a national schools policy on AIDS and HIV.
The Commission's First Interim Report on Aspects of the Law relating to AIDS (which was Tabled in Parliament by the Minister of Justice in August 1997) dealt with a limitation on the use of nondisposable syringes, needles, and other hazardous material in health care settings; the implementation, in relevant occupational legislation, of universal precautions in the work place; the statutory implementation of a national compulsory standard for condoms in accordance with international standards; the promulgation of a national policy on testing for HIV infection; and the amendment, finalisation and promulgation of the Draft Regulations Relating to Communicable Diseases and the Notification of Notifiable Medical Conditions, 1993 (which deschedule AIDS as a communicable disease in respect of which certain coercive measures apply mandatorily).
The Second Interim Report deals with the question whether statutory intervention to prohibit preemployment testing for HIV is warranted.
There is at present no specific statutory prohibition on pre-employment testing for HIV in our law. There is also no clarity as to the circumstances under which an employer could require an applicant for employment to take an HIV test. The present constitutional and legislative inhibitions on unfair discrimination in general may seem to be sufficient to prevent irrational pre-employment testing for HIV. However, neither the 1996 Constitution nor the Labour Relations Act, 1995 confer unqualified rights and may therefore countenance an employer testing an applicant for employment for HIV. Its review of comparable legal systems, together with a consideration of the current scientific knowledge and the ethical, social and economical issues led the Commission to conclude that legislative intervention is necessary. This aims to attain the twin objectives of maintaining otherwise healthy persons with HIV in productive employment, and protecting the rights of persons with HIV in the workplace.
The Commission however accepted comments by the Department of Labour that any proposed legislation regarding a prohibition on pre-employment HIV testing will have to be compatible with the broader framework of existing and prospective labour legislation administered by that Department. The Commission also accepted a proposal by the Department to work towards integrating any legislative proposals into the Department's current Employment Equity Bill.
Since the final formulation of the Employment Equity Bill is subject to the parliamentary process, the Commission has in its interim report accepted certain principles for legislative intervention without making a conclusive recommendation on any specific legislative option for realising these principles. Whether the principles will be realised in the form of a separate statue, or as part of existing or prospective labour legislation, remains open. The Commission offers comment on the latest draft of the Employment Equity Bill available at the time the report was prepared and which accommodates the Commission's recommendations in principle. The Commission also enunciates the principles accepted for legislative intervention in a proposed alternative Bill (attached to the interim report). Should it prove to be necessary, a final report on pre-employment HIV testing will be submitted by the Commission.
Since completion of the interim report and before the Commission approved of it on 17 April 1998, the Department of Labour published the Employment Equity Bill under General Notice 1840 of 1997 in Government Gazette No 18481 of 1 December 1997. The Bill published corresponds with the Draft on which comment is offered in the interim report.
To create certainty and clarity on the legality or otherwise of HIV testing as a specific form of discrimination in the employment relationship.
To prohibit testing where it constitutes unfair discrimination and an unfair labour practice.
To balance the rights of persons with HIV and those of employers.
To intervene statutorily so as to prohibit HIV testing per se, subject to permissible exceptions.
To deal legislatively with both job applicants and existing employees in order to enable the fair allocation of employee benefits.
Although the Commission initially aimed for a prohibition on pre-employment HIV testing to cover all employees, it was accepted that, given the framework of existing and prospective labour legislation, which excludes them, such legislative intervention could not apply easily to the South African National Defence Force, the South African Secret Service, and the National Intelligence Agency.
A prohibition on HIV testing in the workplace should not be absolute but should allow for exceptions where testing is allowed under legislation and in certain circumstances where it is deemed to be fair and justifiable. Justification for testing should be based on medical facts, employment conditions, social policy, the fair distribution of employee benefits and the inherent requirements of the particular job. All of these factors should be considered jointly and individually in ascertaining whether testing is fair and justifiable.
An intervention should provide a flexible standard to allow for the law to develop in accordance with scientific knowledge, society's understanding of the epidemic, changing socio-economic circumstances, and the possible emergence of new rationales for HIV testing in the work place.
In determining whether or not HIV testing should be allowed, both justifiability and fairness need to be taken into account equally.
The burden to show that HIV testing under specific circumstances is fair, should rest upon the employer.
An impartial forum (such as the Labour Courts created by existing labour legislation) should be available to adjudicate whether HIV testing (or an application to authorise such testing) was fair and justifiable.
The Labour Court, in authorising testing for HIV, should be given wide powers. These would include issuing instructions regarding counselling, confidentiality, and information or submissions regarding medical facts, employment conditions, social policy, the inherent requirements of the job and the fair allocation of employee benefits.
Judicial appeal procedures should be an integral part of a statutory prohibition.
Legislation prohibiting HIV testing in the workplace should be accessible and enforceable.
Statutory intervention need not be HIV/AIDS specific.
The Third Interim Report deals with HIV/AIDS and discrimination in schools and recommends that the Minister of Education, under the National Education Policy Act, 1996, determine national policy on HIV/AIDS in schools. A draft national policy for HIV/AIDS in public schools is included in the report.
AIDS, to be admitted to a public school in Johannesburg. The reaction of some members of the public and the apparent absence of a national education policy on this issue, underscored that the practical situation has not improved since 1995. This is despite the fact that the South African Schools Act was passed in 1996, which gave effect to both the spirit and letter of the 1996 Constitution by protecting learners from unfair discrimination and guaranteed them their rights to a basic education and to equal access to public schools.
The current recommendations were moreover preceded by a Discussion Paper with preliminary proposals distributed for public comment during the latter half of 1997. There was overwhelming support for enacting a national policy on HIV/AIDS for schools. The proposed national policy has been developed by the Commission in close liaison with the Department of Education.
In the report the Commission confirms its preliminary conclusions that a national policy for HIV/ AIDS in schools is urgently required in order to protect learners with HIV from unfair discrimination in the school environment. However, such intervention will have to take into account the rights of all learners and should aim for a fair balance between the rights of learners with HIV and those without HIV.
The Commission confirms its preliminary view that the policy should apply nationally, that it should prevail over any other policy instrument on HIV/AIDS in public schools, and have children of school going age (including children in the pre-primary phase) as its chief focus. In view of the fact that compliance with the proposed policy cannot otherwise be ensured in the case of independent schools, the Commission recommends that Members of Executive Councils responsible for education should in terms of the South African Schools Act, 1996 make compliance with the policy a condition on which registration of independent schools may be granted.
The Commission recommends that the national policy should set out broad guidelines in accordance with constitutional principles. In view of the wide variety of circumstances prevailing in South African schools and since the South African Schools Act, 1996 stresses the importance of parent empowerment in the education of their children, it is recommended that a governing body of a school should, in addition, be able to adopt a more specific HIV/AIDS policy at school level to give operational effect to the national policy. The purpose of the school level policy would be to provide a mechanism to express the needs of individual schools and their communities, especially with regard to their ethos and values, within the framework of the national policy's minimum standards and norms. It is intended that the national policy should constitute a set of basic principles from which governing bodies may not deviate.
Compulsory testing of learners as a prerequisite for admission to any school, or any unfair discriminatory treatment (for instance the refusal of continued school attendance on the basis of the HIV status of the learner), is not justified.
However, it is recognised that special measures in respect of learners with HIV may be necessary. These must be fair and justifiable in the light of medical facts, school conditions and the best interests of learners with and without HIV.
Learners' rights to privacy are confirmed. Where HIV-related information is disclosed to a member of staff, the policy provides that, except where statutory or other legal authorisation exists, such information may be divulged only with the informed consent of the learner (above the age of 14 years) or in other cases with the consent of his or her parent or guardian.
The needs of learners with HIV should, as far as is reasonably practicable, be accommodated within the school environment.
"Universal precautions" (standard precautionary measures aimed at the prevention of HIV transmission including instructions concerning basic hygiene and the wearing of protective clothing such as rubber gloves when dealing with blood and body fluids) should be implemented by all schools to exclude effectively the risk of transmission of HIV in the school environment. The policy contains specific provisions on participation in contact sport and contact play.
All learners have a right to be educated on HIV/AIDS, sexuality and healthy lifestyles, in order to protect themselves against HIV infection. The policy recognises the need for the involvement - although limited - of parent communities in order to ensure that sexuality education will take into account the community ethos and values. The policy requires that information on HIV/AIDS be given in an accurate and scientific manner.
All learners should respect the rights of other learners.
A school's governing body should be able to adopt an HIV/AIDS policy at school level to give operational effect to the national policy. This would however have to take place within the framework set by the national policy.
The Second and Third Interim Reports deal only with the matters referred to. Subsequent interim reports will deal with other matters relating to HIV/AIDS identified for reform.
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Vol. 3 No.
On 1 September 1997 the Commission entered its 25th year of existence. Compared to the age of law reform agencies in other jurisdictions, this milestone makes the Commission one of the older agencies internationally. From a modest start in 1973 the Commission has grown into a law reform body that has become an integral and necessary part of the law reform process in South Africa, and through its close contact with similar bodies abroad it has become a fully fledged member of the international family of law reform bodies.
During the past 25 years the Commission has made every effort to adhere and give effect to its objects of developing, improving, modernising and reforming all branches of our law. In the majority of instances the Commission's recommendations have been accepted and put into effect. In fact, less than 13% of the Commission's proposals were not accepted. Many important reforms of our law were brought about on the recommendation of the Commission. Examples are contained in the Commission's twenty fifth Annual Report which will be published shortly.
The law of succession exists to determine before people die, who will inherit their property and succeed to their obligations. Rules of succession therefore function to counteract the disruptive effect that death may have on the integrity of a family unit, and, by prescribing which of a deceased's immediate kin qualify as potential successors, these rules have the effect of confirming the family bloodline.
Now that the Constitution recognises customary law as a component of the legal system on a par with common law, it is necessary to clarify the rules of succession in customary law. In addition, ways must be found to harmonise those rules (and those of the common law) with the provisions of the Constitution.
·The purpose and nature of rules of succession.
·Succession to the head of a family.
·Succession to women.
·Burial and funeral ceremonies.
·Administration of estates.
The closing date for comments on Issue Paper 12 is 30 June 1998.
The Issue Paper aims to elicit comments on the scope of the investigation and the principles which should underpin a new, comprehensive Children's Code.
Apartheid policies, deep rooted poverty and unemployment, poor or non-existent schooling, the breakdown of family life and the strains on a society in transition have left the majority of South African children in an extremely vulnerable position. In particular, children, the voiceless members of society, have suffered directly as result of the unequal application of the fragmented laws affecting them. These factors alone provide compelling justification for the reformulation of all law affecting children in a comprehensive, holistic manner. Furthermore, constitutional imperatives and South Africa's international legal obligations flowing from inter alia the ratification of the U N Convention on the Rights of the Child accentuate the necessity of undertaking a comprehensive review of child legislation.
Various amendments to the Child Care Act 74 of 1983 have been affected and proposed since the Act came into operation in 1987. From the outset, however, the Act gave rise to disquiet amongst practitioners, social workers and child and youth care workers with respect to the functioning of, and principles underlying, the legislation. In June 1995, a new draft Bill, with regulations, was released for comment by the Department of Welfare and Population Development, the stated intention being to effect urgent interim reforms, pending a more comprehensive redraft of child care law. The eventual legislation in this regard, the Child Care Amendment Act 96 of 1996, drew widespread and divergent responses. A key concern was that piece-meal amendments to comply with constitutional imperatives and the ratification of the U N Convention on the Rights of the Child would not resolve deep-seated concerns about the content and application of the present law, nor indeed the relevance of its underlying philosophy to present day South Africa. The need for a comprehensive rewrite of the Child Care Act 74 of 1983, to Africanise child care and protection mechanisms and, as is mandated by the ratification of the U N Convention, to review all relevant child related legislation, has since become increasingly clear.
·A vision for comprehensive child legislation for the 21 st century.
·The constitutional and international legal framework in which such a comprehensive children's statute is set to operate.
·A problem statement and situation analysis.
·An overview of existing policy initiatives.
·A broad overview of the current South African law relating to children.
·A comparative review.
·A detailed discussion of deficiencies and problems which have emerged in practice with regard to the Child Care Act 74 of 1983.
The closing date for comments on Issue Paper 13 is 31 July 1998.
The main shortcomings of the existing law are, firstly, that pension sharing is presently effected in an indirect manner through the matrimonial property law, which often brings about unsatisfactory results, secondly, the manner in which the shareable amount is determined and, thirdly, that preference is given to the exchange of other assets for a spouse's share of pension benefits instead of making provision that such share is payable by way of a deferred pension.
·Specific legislation should be enacted to regulate the sharing of retirement fund benefits on the divorce of spouses.
·A spouse should in the event of divorce be entitled to a proportionate share of the pension benefits that accumulated in respect of the other spouse during the subsistence of the marriage between the spouses.
·The said share of the retirement fund benefits must be payable to the spouse concerned by the fund by way of a deferred pension when the benefits became payable in terms of the rules of the retirement fund concerned.
·The formula for determining the share of the benefits to which a spouse may be entitled under various retirement fund schemes should be set out clearly in the proposed legislation.
·A spouse's entitlement to a share of the retirement fund benefits of the other spouse should not be dependent upon the matrimonial property system that regulates the marriage of the spouses.
·Marriages concluded in accordance with customary law or recognised religion should be recognised as marriages for purposes of the proposed legislation.
·Spouses should be free to schedule contractually any form of pension sharing between them in the event of their divorce and a spouse should also be free to waive any right he or she may have in respect of a share of the other spouse's retirement fund benefits.
·Spouses may furthermore by written agreement between them make provision for the settlement of other assets of a spouse in lieu of that spouse's share of retirement fund benefits.
The closing date for comments on Discussion Paper 77 is 31 July 1998.
Now that customary law enjoys the same legal status as common law under the Constitution, there is an urgent need to develop clear choice of law rules.
·Application of customary law should remain a matter of judicial discretion, but more exact guides to choice of law are needed to bring certainty to an issue that is currently vague and confused. These guides should be precise, flexible, simple and in keeping with the way courts have been used to solving problems.
·The repugnancy proviso no longer has a useful role to play and it should be repealed.
·Race should be irrelevant as a criterion for applying customary law and for determining the jurisdiction of traditional courts. Hence, section 12(1) of the Black Administration Act should be amended to delete any reference to "Blacks".
·Section 23(1) of the Black Administration Act should be amended to provide that only the testator's personal interests in property may be disposed of by will. The current regulations on land held under quitrent tenure should be amended to remove elements of gender discrimination.
·Choice of law rules contained in regulations issued under the Black Administration Act and in the Act itself should be considered and amended. The special rule for foreigners in reg 2(a) should be deleted. If the proposal to abolish exemption from customary law is accepted, then reg 2 (b) should also be deleted. The position of people who die partially testate and partially intestate should be clarified. If persons subject to customary law are to benefit from various reforms in common law, customary marriages must be given full recognition on a par with civil marriages.
·Section 1(3) of the Law of Evidence Amendment Act should be replaced by a new section. Recognition should be given to the litigants' freedom to choose the applicable law, and in the absence of an agreement the courts should apply the law with which the case has its closest connection.
·Section 1 (3) of the Law of Evidence Amendment Act must be amended to exclude conflicts involving foreign systems of law.
The closing date for comments on Discussion Paper 76 is 30 June 1998.
·Do Magistrates' Courts at present have any jurisdiction of a constitutional nature under the Constitution, and if so, to what extent?
·Is it desirable that Magistrates' Courts have jurisdiction in respect of constitutional matters, and if so, to what extent?
·If it is considered that Magistrates' Courts lack jurisdiction in respect of constitutional matters, how is the situation to be remedied?
·Is it desirable that Magistrates' Courts retain their current jurisdiction in terms of section 110 of the Magistrates' Courts Act, 1944 in relation to what its heading describes as a "plea of ultra vires"?
·It is suggested that magistrates' courts should be given a constitutional jurisdiction appropriate to their position in the court structure in South Africa. They represent the primary means of access to justice for most South Africans. An exclusion of all constitutional jurisdiction would be inappropriate, more particularly in view of the interactive growth between the common law and our developing constitutional law contemplated by section 8(3) of the Constitution.
·If this approach is supported, the extent of an appropriate constitutional jurisdiction arises. It is proposed that this include not only the general or "common law" aspects, but the legislative areas long encompassed by section 110 of the Magistrates' Court Act.
·It is proposed that the existing ultra vires jurisdiction of section 110 of the Magistrates' Courts Act be retained.
°In section 72 of the Constitution that Magistrates' Courts and all other courts may decide any matter determined by an Act of Parliament, but a court of a status lower than a High Court may not rule on the constitutional validity of any Act of Parliament, any legislation passed by the legislature of a province after 27 April 1994, or any conduct of the President.
+ subsections 2(b), (c) and (d) of section 172 apply with the necessary changes to an order of constitutional invalidity made by a Magistrates' Court or another court of a status lower than a High Court, and to any referral of, appeal against, or application for the confirmation of, such order, to the Full Bench of a High Court of competent jurisdiction.
any rule of the common law, customary law and customary international law.
The closing date for comments on Discussion Paper 75 is 15 June 1998.
The abovementioned Issue Papers and Discussion Papers are obtainable free of charge from the Commission on request.
The Interim Report deals with the question whether statutory intervention to prohibit pre-employment testing for HIV is warranted. There is at present no specific statutory prohibition on pre-employment testing for HIV in our law. There is also no clarity as to the circumstances under which an employer could require an applicant for employment to take an HIV test. Legislative intervention aims to attain the twin objectives of maintaining otherwise healthy persons with HIV in productive employment, and protecting the rights of persons with HIV in the workplace.
·To create certainty and clarity on the legality or otherwise of HIV testing as a specific form of discrimination in the employment relationship.
·To prohibit testing where it constitutes unfair discrimination and an unfair labour practice.
·To balance the rights of persons with HIV and those of employers.
·To intervene statutorily so as to prohibit HIV testing per se, subject to permissible exceptions.
·To deal legislatively with both job applicants and existing employees in order to enable the fair allocation of employee benefits.
·Although the Commission initially aimed for a prohibition on pre-employment HIV testing to cover all employees, it was accepted that, given the framework of existing and prospective labour legislation, which excludes them, such legislative intervention could not apply easily to the South African National Defence Force, the South African Secret Service, and the National Intelligence Agency.
·A prohibition on HIV testing in the workplace should not be absolute but should allow for exceptions where testing is allowed under legislation and in certain circumstances where it is deemed to be fair and justifiable. Justification for testing should be based on medical facts, employment conditions, social policy, the fair distribution of employee benefits and the inherent requirements of the particular job. All of these factors should be considered jointly and individually in ascertaining whether testing is fair and justifiable.
·An intervention should provide a flexible standard to allow for the law to develop in accordance with scientific knowledge, society's understanding of the epidemic, changing socio-economic circumstances, and the possible emergence of new rationales for HIV testing in the work place.
·In determining whether or not HIV testing should be allowed, both justifiability and fairness need to be taken into account equally.
·The burden to show that HIV testing under specific circumstances is fair, should rest upon the employer.
·An impartial forum (such as the Labour Courts created by existing labour legislation) should be available to adjudicate whether HIV testing (or an application to authorise such testing) was fair and justifiable.
·The Labour Court, in authorising testing for HIV, should be given wide powers. These would include issuing instructions regarding counselling, confidentiality, and information or submissions regarding medical facts, employment conditions, social policy, the inherent requirements of the job and the fair allocation of employee benefits.
·Judicial appeal procedures should be an integral part of a statutory prohibition.
·Legislation prohibiting HIV testing in the workplace should be accessible and enforceable.
·Statutory intervention need not be HIV/AIDS specific.
HIV/AIDS in schools.
·A national policy for HIV/AIDS in schools is urgently required in order to protect learners with HIV from unfair discrimination in the school environment. However, such intervention will have to take into account the rights of all learners and should aim for a fair balance between the rights of learners with HIV and those without HIV.
·The policy should apply nationally, it should prevail over any other policy instrument on HIV/AIDS in public schools, and have children of school going age (including children in the pre-primary phase) as its chief focus. In view of the fact that compliance with the proposed policy cannot otherwise be ensured in the case of independent schools, the Commission recommends that Members of Executive Councils responsible for education should in terms of the South African Schools Act, 1996 make compliance with the policy a condition on which registration of independent schools may be granted.
·The national policy should set out broad guidelines in accordance with constitutional principles. In view of the wide variety of circumstances prevailing in South African schools and since the South African Schools Act, 1996 stresses the importance of parent empowerment in the education of their children, it is recommended that a governing body of a school should, in addition, be able to adopt a more specific HIV/AIDS policy at school level to give operational effect to the national policy. The purpose of the school level policy would be to provide a mechanism to express the needs of individual schools and their communities, especially with regard to their ethos and values, within the framework of the national policy's minimum standards and norms. It is intended that the national policy should constitute a set of basic principles from which governing bodies may not deviate.
·Compulsory testing of learners as a prerequisite for admission to any school, or any unfair discriminatory treatment (for instance the refusal of continued school attendance on the basis of the HIV status of the learner), is not justified.
·However, it is recognised that special measures in respect of learners with HIV may be necessary. These must be fair and justifiable in the light of medical facts, school conditions and the best interests of learners with and without HIV.
·Learners' rights to privacy are confirmed. Where HIV-related information is disclosed to a member of staff, the policy provides that, except where statutory or other legal authorisation exists, such information may be divulged only with the informed consent of the learner (above the age of 14 years) or in other cases with the consent of his or her parent or guardian.
·The needs of learners with HIV should, as far as is reasonably practicable, be accommodated within the school environment.
·"Universal precautions" (standard precautionary measures aimed at the prevention of HIV transmission including instructions concerning basic hygiene and the wearing of protective clothing such as rubber gloves when dealing with blood and body fluids) should be implemented by all schools to exclude effectively the risk of transmission of HIV in the school environment. The policy contains specific provisions on participation in contact sport and contact play.
·All learners have a right to be educated on HIV/AIDS, sexuality and healthy lifestyles, in order to protect themselves against HIV infection. The policy recognises the need for the involvement - although limited - of parent communities in order to ensure that sexuality education will take into account the community ethos and values. The policy requires that information on HIV/AIDS be given in an accurate and scientific manner.
·All learners should respect the rights of other learners.
·A school's governing body should be able to adopt an HIV/AIDS policy at school level to give operational effect to the national policy. This would however have to take place within the framework set by the national policy.
"It happens daily that individuals voluntarily enter into contracts with one another, or with banks, building societies, financial institutions, wholesalers or retailers, in the expectation that the contracts will satisfy their needs and aspirations, only to find subsequently that, in practical application, the contracts as a whole or some of their terms are unjust or unconscionable. Common examples of such situations abound, but a few examples will suffice: the head of a homeless family urgently in need of a roof over their heads signs a lease which gives the lessor the right to raise the rent unilaterally and at will, and the lessor doubles the rent within five months; an uneducated man signs a contract of loan in which he agrees to the jurisdiction of a High Court, to find out only later, when he is sued that a lower court also had jurisdiction over the matter and that the case could have been disposed of at a much lower cost to himself; a man from a rural area purchases furniture from a city store on standard, pre-prepared hire-purchase terms, later to find out that he has waived all his rights relating to latent defects in the goods sold; an illiterate and unemployed bricklayer agrees to act as subcontractor for a building contractor on the basis that he must at his own expense procure an assistant, and so on."
·Reform is called for in this area of the law. Legislation addressing contractual unreasonableness, unconscionability or oppressiveness in all contractual phases, namely at the stages when a contract comes into being, when it is executed and when its terms are enforced, is the most viable and expedient method to effect such legal reform.
·There is a need to confer wide powers to the courts to effect justice to contracting parties. These powers should be balanced by confining the proposed criteria to unreasonableness, unconscionability and oppressiveness.
·There is a practical need to provide some definition to the concept of unreasonableness, unconscionability or oppressiveness by setting out guidelines in the proposed legislation, so as to enhance legal certainty.
·Contracts which fall within the scope of the Labour Relations Act, 1995, or which arise out of the application of that Act.
·Contracts falling within the scope of the Bills of Exchange Act, 1964.
·Contracts to which the Companies Act, 1973, or the Close Corporations Act, 1984, apply or which arise out of the application of those Acts.
·Contractual terms in respect of which measures are provided under international treaties to which the Republic of South Africa is a signatory and which depart from the provisions of the proposed Control of Unreasonableness, Unconscionability or Oppressiveness in Contracts or Terms Bill.
·The application of the proposed legislation should not be excluded in respect of family law agreements in accordance with the Divorce Act, the Matrimonial Affairs Act, or the Matrimonial Property Act. It does not seem to the Commission that settlements reached under these Acts are in any way satisfactorily regulated and the possibility of judicial review under the proposed legislation seems to be called for.
·The proposed legislation should provide that the relevant circumstances to be taken into account are those that existed at the time of the conclusion of the contract. Furthermore, where there is a reasonably unforeseeable change of circumstances which makes performance under the contract excessively onerous, the parties to the contract should be bound to enter into negotiations with a view to adapting the contract or terminating it.
·There is also a need for a specific provision conferring on the High Court the jurisdiction where it is satisfied, on the application of any organisation, or any body or person, that a person has embarked, or is likely to embark, on a course of conduct leading to the formation of contracts or terms which are unreasonable, unconscionable or oppressive, that it may, by order, prescribe or otherwise restrict, the terms upon which that person may enter into contracts of a specified class.
·The Office of an Ombudsperson should be established to ensure that standard contract terms comply with the requirements of contractual fairness, thus providing a remedy to ordinary consumers who would not be able to seek redress in the courts.
·To negotiate with a person using or recommending the use of pre-formulated standard contracts in order to obtain an undertaking from him or her that he or she will act in accordance with the proposed Act, and if such a party fails to fulfil such an undertaking, the Ombudsperson may issue such orders as may be deemed necessary for ensuring the fulfilment of such an undertaking.
·If having considered a complaint about any contract term that the Ombudsperson considers to be unreasonable, unconscionable or oppressive, that he or she may bring proceedings in the High Court for an interdict against any person appearing to him or her to be using or recommending use of such a term; provided that if he or she decides not to apply for an interdict, reasons shall be furnished to the complainant for such a decision.
·To prepare draft codes of conduct applying to particular persons or associated persons in a field of trade or commerce, in consultation with such persons, organisations, consumer organisations and other interested parties for the consideration and approval of the Minister.
·If it appears to the Ombudsperson that a person has acted in contravention of a prescribed code of practice applicable to that person, to request the person to execute within a specified time a deed in terms approved by it under which the person gives undertakings as to discontinuance of the conduct; future compliance with the code of practice; and the action the person will take to rectify the consequences of the contravention, or any of them.
·To retain all deeds and to register the deeds in a Register of Undertakings kept by it and containing the prescribed particulars.
·If a person fails to comply with the request by the Ombudsperson for the giving of an undertaking it may on application to the High Court, request that the person be ordered to act in a manner that would have been required; or to refrain from acting in a manner that would have been prohibited.
·The question whether the parol evidence rule should be retained or abolished leads to divergent answers not only in South Africa but also in other jurisdictions. The Commission takes the view that evidence of what passed between the parties, or the background or surrounding circumstances, is the best evidence of what the parties had in mind, and if the words the parties used are capable of some other meaning, as is almost invariably the case, justice requires that such evidence should be admissible to prove the contract.
It is widely acknowledged that the maintenance system is in disarray. Complaints range from the treatment, attitudes and facilities encountered at maintenance courts, to the seeming impunity with which persons manage to evade their legal duty to maintain their dependants.
The Commission published an issue paper on the Review of the Maintenance System (Issue Paper 5) in 1997.
The comments received in respect of Issue Paper 5 indicated that while there is a need for further investigation into the long term measures, the problems currently experienced in relation to maintenance are so pressing that the implementation of solutions should not be delayed until these long term measures have been fully investigated.
The Commission agrees with the point of view that the most pressing shortcomings of the present system should be addressed on an urgent basis. The Commission has therefore decided to recommend certain amendments to the current Maintenance Act, 23 of 1962. These amendments deal with the most urgent matters of concern and should be seen as an interim measure. The Commission intends to proceed with the consideration of the problem of maintenance in its wider context upon completion of this interim stage.
The problems discussed in the Interim Report relate to two parts of the maintenance process where many practical problems arise. The first is the procedure leading up to the making of a maintenance order where repeated visits to the office of the maintenance officer and numerous postponements of maintenance enquiries are common complaints. The second is the enforcement of maintenance orders by way of the conviction of a person for the failure to comply with such an order, which is widely accepted to be ineffective.
·That a statutory basis be provided for the appointment of maintenance investigators.
·The extension of the court's power to make a maintenance order in the absence of a person who is under an obligation to pay maintenance.
·The introduction of a procedure for the automatic recovery of maintenance payments from the income of a person who is under an obligation to pay maintenance.
·The introduction of a procedure for the execution of maintenance orders which will function independently from a prosecution for the failure to comply with a maintenance order.
·The extension of the definition of "maintenance order" to include payment of non-periodical expenses, made towards a person's maintenance.
Section 12 of the Divorce Act 70 of 1979 deals with the limitation of publication of particulars of a divorce action.
·South African media are wholly prohibited from disclosing any facet of divorce proceedings.
The divorce proceedings are, however, entirely open to the public. No discretion vests in the court to determine whether or in what respects disclosure should be permitted or prohibited.
The Constitution, 1996 entrenches inter alia free speech, freedom of information and the right to privacy. The question which arises is whether, in regulating the publication of particulars of divorce proceedings in terms which appear peremptory, inflexible and sweeping, it is unconstitutional. There are clear indications that at present section 12 of the Divorce Act is simply being defied.
In Mitchell's Plain Town Centre Merchants Association v McLeod and another 1996 (4) SA 159 (A) the Supreme Court of Appeal denied legal personality to a voluntary association with more than twenty members formed for "the purpose of carrying on any business that has for its objects the acquisition of gain by the association or by the individual members thereof". As a result of this decision, numerous voluntary associations such as the South African Agricultural Union, sport clubs, jockey clubs, etc. are uncertain as to their legal personality and consequently their future existence.
People (including the farming community) are increasingly resorting to the carrying of firearms for a variety of reasons. There appears to be uncertainty surrounding the carrying or displaying of firearms at gatherings or in public places. The problem is compounded by the different legislative enactments, some of which are obscured in legislation.
The Commission's physical address has changed to Sanlam Centre (12th Floor), c/o Andries and Schoeman Streets, Pretoria.
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<fn>GOV-ZA.1998V3n2DecEn.2012-02-10.en.txt</fn>
This is the first issue paper published in the course of the investigation into computer related crime.
The criminalisation of unauthorised access to computers as well as the unauthorised modification of computer data and software applications.
The possibility of providing for the procedural aspects associated with the investigation and prosecution of the above-mentioned offences.
The use of computers to commit offences such as theft and fraud.
Matters relating to encryption in order to protect information.
The continuing education of the investigating and prosecuting authorities as well as the judiciary to understand and correctly apply the legislation which may be forthcoming from the this investigation.
Because of the wide scope of the investigation an incremental approach will be followed.
the desirability of introducing procedural provisions aimed at enhancing the investigation and prosecution of these activities.
The perceived scope of the investigation and the objectives set for the project.
The need for legislative intervention to create offences relating to unauthorised access to computers and the unauthorised modification of computer data and software applications.
Procedural provisions specifically to be applied in relation to computer related offences.
The closing date for comments on Issue Paper 14 was 26 October 1998.
Discussion Paper 78 explores the first subject in the Commission's extensive review of security legislation, namely the amendment of the Interception and Monitoring Prohibition Act 127 of1992.
An obligation on telecommunication service providers to ensure interceptability/ monitoring of all communications.
The designation of a judge in each division to consider applications for interception and monitoring in cases relating to serious offences and the designation of one judge to consider applications in regard to security and national interest matters.
A judge may issue a directive if he or she is convinced that a serious offence is concerned that cannot be properly investigated in another less intrusive manner.
Generally no communication between a legal representative and his or her client may be intercepted or monitored.
No person, body or organization rendering a telecommunication service, may provide any such service which is not capable of being monitored.
The use of any information obtained through the application of the Act, or any similar Act in another country, as evidence in any prosecution, is subject to guide-lines issued by the Director of Public Prosecutions or Investigating Director concerned.
The information regarding the commission of any criminal offence, obtained by means of any interception or monitoring in terms of the Act, may be admissible as evidence in criminal proceedings.
A person who intentionally and without the knowledge or permission of the dispatcher intercepts a communication which has been or is being or is intended to be transmitted by telephone or in any other manner over a telecommunications line, or intentionally monitors a conversation by means of a monitoring device so as to gather confidential information concerning any person, body or organization, is guilty of an offence and liable on conviction to a fine not exceeding R20 000 or to imprisonment not exceeding two years.
If any person who is or was concerned in the performance of any function in terms of the Act, discloses any information which he or she obtained in the performance of such a function, such person is guilty of an offence and liable on conviction to a fine not exceeding R40 000 or to imprisonment not exceeding five years.
A matter which is alarming in South Africa, is the large number of advertisements by private investigators, sometimes even in law journals, offering to deliver services which include "bugging". The Commission therefore requests comment particularly on the question of whether the manufacture, distribution, possession and advertising of wire or oral communication intercepting devices should be regulated, and if so, the measures which should be adopted.
The closing date for comments on Discussion Paper 78 is 25 January 1998.
The Discussion Paper contains proposals relating to a new structure to govern children under the age of 18 years who are accused of having committed offences.
In essence, the proposed system aims to ensure that children accused of less serious offences will be afforded the opportunity to pay their debts to society without obtaining a criminal record through a process known as diversion. Diversion is the referral of cases away from the criminal justice system to an approved programme or plan. The Commission therefore envisages a cohesive child justice system which strives to prevent children from entering deeper into the criminal justice process while holding them accountable for their actions by means of various diversion options and programmes. These options and programmes embody restorative justice principles, which focus on reconciliation and restitution rather than on retribution and punishment, and lay emphasis on compensation to the victim by the offender with the object of successfully reintegrating both victim and offender as productive members of safe communities. The proposed system does, however, provide for the criminal prosecution of children who are accused of serious or violent offences as well as those who repeatedly commit offences. The system also allows for the secure containment of children who are assessed to be a danger to others.
The proposals are based on international human rights standards and constitutional principles. The proposed draft Bill contains a body of principles to guide those who will be tasked with the implementation of this legislation in the future.
The proposed system further aims to encourage a degree of specialisation in child justice practice. In so doing, the Commission is giving effect to a long standing call from service providers and non-governmental organisations for a distinct and unique system of criminal justice that treats children differently, in a manner appropriate to their age and maturity, and which develops mechanisms and processes designed to achieve that goal. For instance, a specialised child justice court at the district court level, with increased sentencing jurisdiction so as to draw a wider range of cases within its ambit is proposed. Further, specialisation in relation to the role of the probation officer builds on practical developments in the field of child justice since 1994. It has become increasingly clear that probation officers will be pivotal to the future child justice system, and this notion accords with views expressed by policy-makers as well as with the views of probation workers concerning their own conceptualisation of their duties in a future child justice system.
Some degree of specialisation is also proposed in the area of legal representation (through a system of registration), as advocacy for children entails a heightened responsibility and commitment to serve the best interests of children, as well as an ability to communicate in a manner that a child can understand.
The proposed child justice system hinges on a new process which aims to address effectively the problems that have been experienced in the administration of child justice, particularly in relation to diversion and pre-trial release of children from custody. This is the insertion of the proposed preliminary inquiry as a compulsory pre-trial procedure presided over by a magistrate at district court level. The preliminary inquiry provides a formal step, prior to charge and plea, to maximise the use of diversion and to provide safeguards regarding the use of pre-trial detention.
The draft Bill finally aims to extend the range of sentencing options available to the proposed specialised child justice court and to other courts in which child offenders are tried, and to create mechanisms to ensure the effective monitoring of the legislation, both at district and national level.
The Commission's proposals strive to encompass a vision for, and define the characteristics of a coherent and self contained child justice system, as distinct from a series of procedural provisions which spell out powers and duties for various role-players who can nevertheless operate in isolation from one another.
The closing date for comments on Discussion Paper 79 is 31 March 1999.
The Issue Paper and Discussion Papers are obtainable free of charge from the Commission on request.
Class actions and public interest actions are part of the worldwide movement to make access to justice a reality by broadening locus standi (standing in court). Traditionally the South African law of standing has been relatively restrictive: the courts have required a direct, personal and sufficient interest in the action before a person could institute or defend an action. If the traditional notion of standing is strictly adhered to, public spirited individuals or representative organisations and associations are prevented from claiming relief in the public interest or in the interests of persons who for various reasons are unable to enforce their rights. Furthermore, the Constitution of the Republic of South Africa Act, Act 108 of 1996, specifically provides for class actions and public interest actions (sections 38(c) and (d)) and it is logical that the same principles should apply in non-Bill of Rights issues.
Class actions and public interest actions are the ideal procedural mechanism to use in situations where a large number of persons have the same or similar claims or defences. One example should suffice. Should a plane, bus, or taxi crash, the claims of the injured passengers are usually pursued and tried as separate and individual cases, even though the individual cases are based on the same cause of action. A class action will make it possible to bring a single action for damages based on the negligence of the pilot, the bus or taxi driver on behalf of all the injured passengers. The finding of the court will bind all injured passengers (the members of the class). This is seen as a means of fostering both judicial economy and social utility as the courts will no longer be inundated with numerous claims relating to a common subject matter, and individual plaintiffs with claims too small for individual pursuit are provided access to the courts.
The Commission concludes in the report that statutory intervention is necessary to recognise and regulate class actions and public interest actions and proposes a draft Bill to give effect thereto.
The draft Bill defines class actions and public interest actions and provides for the institution, conduct and prosecution of class actions and public interest actions. A class action is defined as an action instituted by a representative on behalf of a class of persons in respect of whom the relief claimed and the issues involved are substantially similar in respect of all members of the class, and which action is certified as a class action in terms of the proposed bill. A public interest action is defined as an action instituted by a representative in the interest of the public generally, or in the interest of a section of the public, but not necessarily in that representative's own interest. The essential difference between a class action and a public interest action is that the judgment given in a class actions binds all the members of the class and may, therefore, be pleaded as res judicata (a suit adjudged is binding upon the parties) against the members of the class. The judgment in a public interest action does not bind the people in whose interest it is brought and it is the doctrine of stare decisis (adherence to decided cases) that makes a public interest action effective.
The report contains important new legislation aimed at bringing the country's arbitration law in line with international norms. It proposes the alignment of South Africa's international arbitration law with that of several of its important trading partners in Africa and elsewhere.
Parties to international business transactions favour arbitration as a method for dispute resolution. It is however widely argued that South African laws regarding international arbitration are outdated and inadequate. The Arbitration Act 42 of 1965 was designed with domestic arbitration in mind and has no provisions expressly dealing with international arbitration. The Recognition and Enforcement of Foreign Arbitral Awards Act 40 of 1977 does little more than seek the enforcement of foreign awards. Foreigners and South Africans alike, entering into arbitrations in South Africa with an international component, run the risk that the process may be derailed or delayed by an inappropriate resort to domestic courts during the arbitral process.
The Commission has resolved to tackle international arbitration legislation in a single statute.
The introduction in South Africa of the UNCITRAL Model Law for international arbitrations.
The implementation of changes to the legislation on the New York Convention (currently set out in Act 40 of 1977).
The proposed accession by South Africa to the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States(ICSID).
The proposals in the Draft Bill represent a major step forward in the drive to modernise South African law in the field of international trade law and to ensure that it complies with international standards. As the implementation of the government's macro-economic strategy begins to yield dividends, major infrastructural development projects may well be financed by international agencies or consortiums. Disputes are bound to arise and international investors will seek acceptable, rapid dispute resolution mechanisms. The new International Arbitration Act will be there to assist them. It will furthermore enhance the prospect of South Africa becoming an important regional centre for international arbitrations.
The main object of the Report is to extend full legal recognition to marriages entered into in accordance with customary law or traditional rites.
Customary marriages, both existing and future unions, must now be fully recognized.
Conversion from a customary marriage to a civil marriage, but not vice versa, should be allowed.
In order to define customary marriage it is recommended that legislative provision be made for a minimum set of essential requirements, chief amongst which should be the consent of the prospective spouses.
Registering officers should be required to explain to prospective spouses the difference between customary and civil marriage and then endorse the fact that the couple heard and understood the explanation on the marriage certificate.
The giving of lobolo should not be prohibited nor should any restrictions be imposed on the amount payable.
Customary marriages should be registered to ensure that marital status is made more certain and easier to prove.
Where a marriage has not been registered, the parties should be permitted to allege other forms of proof of its existence.
A minimum age of 18 for marrying should be fixed for all persons in the country.
A parent's power to consent to marriage must be exercised only in the child's best interests.
Parental consent should be deemed to include the consent of both the father and mother of an underage child.
The spouses' relative capacity to marry one another should continue to be governed by customary law.
Customary marriages should continue to be potentially polygynous.
Women should have contractual capacity, locus standi and proprietary capacity (and in consequence delictual capacity) on a par with men.
Clear provision should be made that the Age of Majority Act applies to persons subject to customary law.
Legislation should be passed to provide that spouses have equal capacities and powers of decision-making.
Spouses should have the power to enter into an antenuptial contract to vary the automatic property consequences of marriage.
The spouses of customary marriages should be deemed to be married in community of property, subject to their freedom to alter this regime by antenuptial contract and subject to the current statutory rules permitting courts to order an equitable distribution of their estates on divorce.
Provision should be made for the spouses to alter their property system after new legislation on customary marriages comes into force.
It is recommended that all marriages may be terminated only by decree of a competent court.
All divorce actions and actions about other family-law issues should be processed by the family courts.
Before a divorce action is instituted in the family courts, traditional authorities should be entitled to attempt a reconciliation of the spouses.
Only one ground of divorce should be available: irretrievable breakdown of the marriage.
Either spouse should be competent to apply for divorce.
Maintenance should in principle be available to the spouses and children of customary marriage, both stante matrimonio and on divorce.
The child's best interests should govern all aspects of custody, guardianship and access to children.
Mothers should have fully recognized rights to their children.
On 3 October 1985 the Commission reported to the previous Minister of Justice on its investigation into time limits for the institution of actions against the State. The report recommended the repeal or amendment of twenty-one provisions that limited the institution of actions against government institutions or persons for whose actions government institutions were liable in law. The report recommended uniform provisions for such actions and gave the court having jurisdiction power to condone failure to comply with the notice requirement if sound reasons existed for the failure or if the defendant was not unreasonably prejudiced by the failure. It was further recommended that the usual requirements for prescription should apply to the debts of government institutions. The legislation was never introduced in Parliament, presumably because of objections by certain government institutions.
Parliament has demonstrated its willingness to relax the strict requirements insisted on previously. Section 57(1) of the South African Police Service Act 68 of 1995 has changed the period within which legal action must be commenced from 6 months after the time when the cause of action arose in section 32(1) of the Police Act 7 of 1958 to 12 months after the date upon which the claimant became aware of the alleged act or omission or after the date upon which the claimant might be reasonably expected to have become aware of the alleged act or omission, whichever is the earlier date. Section 57(5) of the new Act gives a court the right to dispense with the requirements or prohibitions contained in the section where the interests of justice so require.
In the case of Mohlomi v Minister of Defence 1997 (1) SA 124 (CC) the Constitutional Court declared the provisions of section 113(1) of the Defence Act 44 of 1957 inconsistent with section 22 of the interim Constitution and to be invalid for that reason. Such declaration of invalidity apply to and govern all actions instituted either before or since the interim Constitution came into force which were not already barred by section 113(1) on that date and which, on 26 September 1996 (the time of the order), have not yet been finally determined by judgments delivered at first instance or on appeal or by settlements duly concluded. All cases to which the declaration of invalidity apply will be regulated by chapter III of the Prescription Act 68 of 1996 until Parliament produces a suitable replacement for section 113(1).
Parliament should produce a suitable replacement, not only for section 113(1) of the Defence Act, but also for other similar provisions. The decision of the Constitutional Court has created serious doubt about the validity of many provisions, especially those that agree closely with section 113(1) of the Defence Act. Similar questions will arise under sections 34 and 36 of the 1996 Constitution of the Republic of South Africa Act 108 of 1996.
It is highly desirable that a uniform provision should be enacted for actions against all government institutions. The numerous provisions which lay down different requirements in different Acts create uncertainty. This uncertainty is aggravated by the uncertainty about the constitutionality of each different provision.
Although it is said that the special provisions serve to facilitate settlements and thus save costs, the interpretation of the limiting provisions leads to many court cases with attendant costs. The justification for special provisions is suspect: The State is not the only defendant who has extensive activities and a fluctuating work force; the time-consuming procedures of government bodies can be streamlined through modern means of communication and management techniques; although it is in the public interest that public funds should not be wasted, it is also in the public interest that well-founded claims should not fail as a result of strict procedural requirements.
The Bill provides that no legal proceedings for the recovery of a debt arising from delict shall be instituted against the State, a government body, a member of the Cabinet or of an Executive Council or other functionary of the State or of a government body in his or her official capacity or a person for whose actions the State or a government body is in law liable, unless the defendant has been given notice in writing of the intention to institute the legal proceedings. The notice must be sent within six months from the date upon which the dept became due. A debt is not regarded to be due until the creditor (or his or her tutor or curator if he or she is a minor or under curatorship) has knowledge of the identity of the debtor and the facts from which the debt arises or could have acquired such knowledge by exercising reasonable care. The court may condone failure to give notice if good cause exists for the failure by the creditor, tutor or curator or the defendant was not unreasonably prejudiced by the failure. The Bill makes provision for the repeal or amendment of 18 provisions that limit actions against the State or government institutions and provides that if any conflict arises between the Bill and the provisions of any other law save the Constitution or any Act expressly amending the Bill, the provisions of the Bill will prevail.
Media reports have suggested that consideration be given to the adoption of legislation relating to the recognition in South Africa of same sex partnerships. The matter has been rendered particularly acute by a recent judgment reported in the media in which Roux J held ultra vires certain provisions of Polmed (the medical aid scheme of the South African Police Service), evidently on grounds related to perceived discrimination in its provisions on the basis of sexual orientation.
(1) Everyone is equal before the law and has the right to equal protection and benefit of the law.
Bearing in mind that it cannot be said with certainty when the equality clause would have application between persons generally, the essential enquiry is whether the exclusion of domestic partners - whether of the same sex, or of a different sex - from the benefits of schemes such as medical aid schemes, or from other forms of legal recognition, is unconstitutional.
The South African Agricultural Union requested the Commission to investigate the possibility of enacting uniform national legislation on the fencing of public roads.
Fences alongside public roads are sometimes wilfully removed or damaged. Where the damage is unintentionally caused by a motor vehicle accident, the farmer is often not informed of the damage. Because of damaged or stolen fencing, farm animals stray onto the roads and cause accidents. It appears that these days farmers are more often than not held liable for not maintaining the fence. This places a heavy burden on farmers who not only have to incur the expenses to maintain fences and pay insurance premiums, but who also loose life stock.
The problem is compounded by the fact that the Fencing Act 31 of 1963 is obsolete and that the various Provincial Ordonnances lack uniformity as regards the fencing of national roads. In some provinces the farmer is held responsible for the fences, while in other provinces this task is assigned to the provincial authority. Arrangements concerning the responsibility for the cost of erection and maintenance of fences also differ from province to province.
Three of the judges (Schutz, Nienaber and Marais JJA) in the recently decided Supreme Court of Appeal case of Clifford v Commercial Union (Case No: 302/96, 22 May 1998) were of the view that it was desirable that consideration be given to the amendment of the law to reverse the effect of the decision in Qilingele v South African Mutual Life Assurance Society 1993 (1) SA 69 (A). The other two judges refrained from expressing a view on the matter. The matter was referred to the Law Commission for consideration.
"Notwithstanding anything to the contrary contained in any domestic policy or any document relating to such policy, any such policy issued before or after the commencement of this Act, shall not be invalidated and the obligation of an insurer thereunder shall not be excluded or limited and the obligations of the owner thereof shall not be increased, on account of any representation made to the insurer which is not true, whether or not such representation has been warranted to be true, unless the incorrectness of such representation is of such a nature as to be likely to have materially affected the assessment of the risk under the said policy at the time of issue or any reinstatement or renewal thereof."
In Qilingele section 63(3) was interpreted as imposing a subjective test - the materiality of a misstatement in a proposal form therefore depends upon the subjective opinion of the insurer. Concepts of reasonableness were held not to enter the picture. One looks at the particular insurer and seeks to determine as a fact how he would probably have reacted had he known the truth.
The subjective test laid down in Qilingele stands in stark contrast to the objective test of the reasonable man. It is suggested that the purpose of section 63(3) was not to disturb the common law's objective test of materiality, but merely to put an end to the abuse of elevating trivialities to the status of materialities by the use of warranties.
Section 63(3) is no model of clarity. If Qilingele is to stand, the legislature should consider putting right not merely a discordancy, but even a serious inequity, which was initiated by imprecise legislation.
"Postulate an underwriter who, on finding that a car which was warranted as green is actually blue, claims, honestly and sincerely, hard though that may be to believe, that he would not have insured it had he known the truth, because blue cars are unlucky. Unless some way can be found . . . to avoid the remedial s 63(3) leading to such a result, it seems . . . that his repudiation would have to stand."
In the development of Justice Vision 2000 (a departmental strategy document for transforming the administration of justice) the review of administrative law to bring about a process of law reform, in particular with regard to administrative law processes and procedures, was identified as one of the premier projects.
The Minister of Justice appointed a project committee of experts to review the administrative law.
The scope of an Administrative Justice Act.
Rule making procedures.
Administration and judicial review.
Continuing review and training.
During 1998 a substantial number of persons and institutions responded to specific or general invitations by the Commission to comment on particular matters or to assist with its activities in some respect or other. The Commission wishes to express its sincere thanks to all concerned and to wish them a happy and prosperous year ahead - without their goodwill and assistance the Commission would not be able to perform its duty satisfactorily.
<fn>GOV-ZA.1998arEn.2012-02-10.en.txt</fn>
I have the honour to submit to you in terms of section 7(2) of the South African Law Commission Act 19 of 1973, the Commission's report on all its activities during 1998.
The year under review2 2.
Meetings18 3.
Project 120 - Section 63(3) of the Insurance Act 27 of 194329 4.
Project 100 - Domestic violence53 5.
Project 120 - Section 63(3) of the Insurance Act 27 of 194392 6.
Internet100 7.
The Commission's three-year term of office expired on 31 December 1998.
When the Commission assumed office on 1 January 1996 it committed itself to law reform that would be open, just, relevant, responsive, effective and accessible. This was a challenging task given the major discrepancies between the ideal of justice and the content of law in existence at the advent of our new constitutional democracy entrenching a justiciable Bill of Rights.
The Commission shared the ideal of the diverse South African population in expecting the legal system to embody justice and to promote respect for the democratic values of their Constitution.
The different socio-economic circumstances of South Africans, the differing patterns of rural and urban life and the multicultural social fabric of our country emphasised the need for new approaches to law reform.
To achieve this ideal the Commission shifted the emphasis in its law reform programme to an approach that was responsive to the emerging needs of the new South African society. The execution of the Commission's mandate depends on establishing a creative and comprehensive process of consultation with South Africans to ensure that its work is responsive and accessible. The Commission has consequently broadened its consultative base. While maintaining close cooperation with academic institutions and the private sector, non-governmental organisations, in particular, have been closely involved in the work of the Commission. The Commission also extended its consultative process by conducting workshops countrywide in urban and rural areas. Inadequacies in the legal system have been approached from a multi-disciplinary perspective in appropriate cases.
To extend the basis for consultation and to involve interested parties and the community at an earlier stage in the process of law reform, the Commission embarked upon a working method in terms of which, in appropriate cases, shorter documents in the form of issue papers - which precede the publication of discussion papers - are compiled for general information and comment. The object is to stimulate debate and to give direction to the reform which is to follow.
During its three-year term of office the Commission submitted 15 reports and published 17 discussion papers and 14 issue papers. In releasing these documents the Commission has endeavoured to make a positive contribution to the transformation of the legal system.
Six discussion papers, previously referred to as working papers, were finalised and published for consultation purposes.
The discussion papers are also listed in Annexure F.
A summary of the recommendations contained in these reports appears in Chapter 4.
The investigation into domestic violence was also completed during the year under review, although a report has not been published. The research undertaken and draft legislation proposed are to a great extent embodied in the Domestic Violence Act 116 of 1998. Further information appears in Chapter 4.
Criminal Matters Amendment Act 68 of 1998. (The Act deals with the declaration and detention of persons as state patients and the release of such persons, including the onus of proof regarding the mental condition of an accused or convicted person.
Maintenance Act 99 of 1998.
Debt Collectors Act 114 of 1998.
Domestic Violence Act 116 of 1998.
Recognition of Customary Marriages Act 120 of 1998.
Judicial Matters Second Amendment Act 122 of 1998. (The Act, inter alia, amends the Supreme Court Act, 1959, so as to further regulate persons over whom and matters in relation to which High Courts have jurisdiction.
Project 65 Surrogate motherhood. (The Commission's report is receiving the attention of an ad hoc committee of Parliament.
Project 50 Investigation into the payments system in South African law. (The Commission's report has been under consideration by the Department of Finance since 1995.
Project 52 Investigation into the legal consequences of sexual realignment and related matters. (The Commission's report has been under consideration by the Department of Justice since 1996.
Project 85 Legal aspects relating to AIDS. (Regulations emanating from the Commission's first interim report on AIDS are under consideration by the Department of Health.
Project 100 Access to minor children by interested persons. (The Bill is on the 1999 legislative programme of the Department of Justice.
Project 104 Money laundering. (The Commission's report has been under consideration by the Department of Finance since 1997.
A number of new investigations commenced during the year under review. A progress report in this regard appears in Chapter 3.
The South African Law Commission was established by the South African Law Commission Act 19 of 1973.
° steps aimed at making the common law more readily available.
In short, the Commission is an advisory body whose aim is the renewal and improvement of the law of South Africa on a continuous basis.
The members of the Commission are appointed by the President.
° six persons who appear to the President to be fit for appointment on account of the tenure of a judicial office or on account of experience as an advocate or as an attorney or as a professor of law at any university, or on account of any other qualification relating to the objects of the Commission.
The Commission's term of office expired on 31 December 1998.
In terms of section 3(c) of the Act not more than three members may be designated as full-time members of the Commission. During the year under review only one member of the Commission, Professor R T Nhlapo, served in a full-time capacity.
Annexure A contains a list of members of the Commission and the periods for which they served or for which they were appointed.
Section 7A of the Act provides for the establishment of committees of the Commission. There are two categories of committees: those appointed by the Commission and consisting of members of the Commission only, and those consisting of members of the Commission and persons who are not members of the Commission. The latter are appointed by the Minister. The object of the second category of committees is to utilise the expertise of persons outside the Commission and to ensure direct community involvement in the activities of the Commission.
Committees of the Commission perform the activities assigned to them by the Commission and are subject to the Commission's directives. Activities performed by committees are deemed to be performed by the Commission and for the purposes of remuneration members of committees are deemed to be members of the Commission.
(Ms Z Seedat was coopted for several meetings of the working committee.
The working committee may be considered the executive committee of the Commission. In accordance with the Commission's directives this committee attends on a continuous basis to routine matters and other matters that require urgent attention. The committee also considers the inclusion of new investigations in the Commission's programme. Furthermore, the committee plans and manages the activities of the Commission's Secretariat.
Project committees fall under the second category of committees. The Commission follows the practice of instituting project committees consisting of experts to assist with investigations and to advise the Commission if a specific investigation in the Commission's programme so requires.
The names of the members of these committees appear in Annexure B. In recommending persons to the Minister for appointment, the Commission strove to ensure representativeness of population make-up and promoted the employment of external experts and knowledgeable persons to act as project leaders for investigations on the Commission's programme. The Commission would like to express its appreciation to individuals and members of non-governmental organisations for their willingness to serve on project committees of the Commission.
The Commission is assisted in its task by a full-time Secretariat consisting of officials on the establishment of the Department of Justice. The Secretariat consists of an administrative component and a professional component. The Chief Director, Mr W Henegan, serves as the Secretary to the Commission.
The research component of the Secretariat consists of 17 state law advisers from diverse background. Their task is to do the necessary research under the guidance of project leaders (who are designated by the Commission), to consult with interested parties, to compile discussion papers and draft reports and to carry out other assignments of the Commission.
Mr M F Palumbo also serves as assistant to the Commission's Secretary. Mr T Gwebu (state law adviser) resigned with effect from 1 November 1998. Currently there are five vacancies of state law adviser. The posts will be filled with effect from 1 January1999.
The Commission wishes to express its appreciation to the members of the Secretariat for their outstanding auxiliary services to the Commission. The Commission wishes to make special mention of the generally high standard of working documents and reports submitted to the working committee and the Commission by the research staff. The Secretariat, both on the professional and administrative levels, carried a considerable workload during the year under review. This was the result of the large number of vacant positions that existed during the greater part of the year as well as the additional work generated by the community-oriented and consultation-based approach adopted by the Commission. This approach necessitated the publication of issue papers and the arrangement of numerous workshops which were conducted countrywide.
The Commission also wishes to express its appreciation to the full-time member, Professor Nhlapo, and the various project leaders (from within and outside the Commission) for guiding the researchers, for the research done by them and for the documents and reports compiled under their guidance.
Funds for the expenditure connected with the Commission's activities are provided in the Vote of the Department of Justice under the Law Reform Subprogramme. The Secretary is consulted on the compilation of the draft Vote. The funds made available have up to now been sufficient for the Commission's requirements, taking into account the Commission's continuous efforts to limit expenditure. It should be noted, however, that the Commission will find it extremely difficult to fulfill its obligations adequately in the forthcoming financial year unless its budget is increased significantly. Factors necessitating such an increase are the increase both in personnel and in the work done by the Commission. In addition, the implementation of the strategic plan as contemplated by the Justice Vision 2000 document, in which the Commission is actively involved, will have a bearing on the Commission's resources.
The Commission's resources are supplemented by funding from foreign donors for specific projects. During the year under review the Commission has received financial support from the United Nations Children's Fund (UNICEF), USAID, Swedish Embassy (Rapid Response Fund), Department for International Development (UK), the Carl & Emily Fuchs Foundation, Save the Children Fund (UK), the German Development Co-operation (GTZ) and Rädda Barnen (Save the Children) (SA). The Commission records its deep appreciation to these agencies.
The Act provides that the Commission must from time to time draw up programmes where the matters which in its opinion require consideration are included in order of priority. The Commission's programme is subject to the Minister's approval.
The Commission's present programme appears in Annexure C. Investigations included in or removed from the Commission's programme during the year under review are dealt with in Chapter 3. Annexure D contains a list of all the investigations included in the Commission's programme since its inception and indicates the final result or current state of investigations.
Any person or body is free to submit proposals for law reform to the Commission. In each case the Commission considers the merits of a proposal. In some instances a preliminary inquiry is instituted in order to determine whether the inclusion of a matter in the Commission's programme is justified. The Commission also includes matters in its programme of its own accord.
Every effort is made to dispose of urgent matters with the least possible delay. However, the Commission has to follow certain procedures and that these sometimes take up considerable time. The availability of funds and skilled research capacity, the nature and extent of the inquiry and the need for consultation all determine the time spent on each project. Consultation in particular is time-consuming, but the Commission regards it as an indispensable part of the law reform process.
Research is done to determine authoritatively the existing legal position and to identify shortcomings or deficiencies that need to be rectified. Consultation takes place between the researcher and project committee, if the latter has been appointed, and interested parties or persons with particular knowledge concerning the matter under investigation. Comparative studies are carried out in order to enable the Commission to benefit from experience elsewhere in the world. The primary aim of the Commission is to effect law reform by consulting with as many interested persons and bodies as possible. This process is facilitated by the Commission's policy (since 1996) of compiling issue papers as a first step. Issue papers outline the problems encountered with particular areas of the law and invite submissions on possible solutions. They are distributed as widely as possible for general information and comment and are in appropriate cases also supplemented by workshops. Responses to the issue paper and further intensive research form the basis for the preparation of a discussion paper.
Discussion papers contain essential information on the investigation and the Commission's tentative proposals for reform. In particular, a discussion paper will include a statement of the existing legal position and its deficiencies, a comparative survey, and a range of possible solutions; importantly, the discussion paper will also include a draft Bill. Members of the public are informed of the availability of discussion papers by notices in the Government Gazette, press releases and press conferences. In addition, copies are distributed to organisations and, sometimes, individuals whose views on the subject under discussion the Commission particularly wishes to canvass. The responses to the provisional proposals are carefully studied before final decisions are made. The Commission also hears oral evidence in appropriate cases. Its recommendations are embodied in comprehensive reports which are submitted to the Minister of Justice.
In making its recommendations the Commission bears in mind that there is a need to provide access to justice for all, to protect the rights of all parties - especially those of women and children, to make legal processes affordable, to make the law less complicated, and to give effect to the values and principles underlying the Constitution.
Judging from comments received, the Commission's discussion papers and reports are of a high standard and are well regarded. There appears to be an increasing tendency in faculties of law to use and prescribe the Commission's discussion papers and reports as reading for their students at undergraduate as well as postgraduate level.
In view of the many valuable comments and proposals received on the Commission's recommendations as contained in its documents, there is no doubt that its working methods have proved successful. These methods ensure that the Commission's final recommendations are well substantiated and are the product of thorough debate. They also facilitate the passage of the Commission's proposed legislation in which its final recommendations are embodied.
In the course of its activities the Commission publishes a variety of documents.
Commission papers and committee papers are internal documents that are normally not available outside the ranks of the Commission. In these papers suggestions for the inclusion of matters in the Commission's programme, research results for the information of or consideration by the Commission, draft issue papers, discussion papers and reports and a variety of other matters are dealt with. The papers are numbered in sequence as they come before the Commission.
In order to involve the community actively at an earlier stage, the Commission publishes issue papers for appropriate investigations as the first step in the consultation process. The purpose of an issue paper is to announce an investigation, to clarify the aim and extent of the investigation, and suggest the options available for solving existing problems.
Discussion papers, previously referred to as working papers, are documents in which the Commission's preliminary research results are contained. In most cases discussion papers also contain draft legislation. The main purpose of these documents is to test public opinion on solutions identified by the Commission.
The Act requires the Commission to prepare a full report on any matter investigated by it and to submit such report together with draft legislation, if any, to the Minister for consideration. All reports of the Commission are official, but not all are published. Annexure D lists the investigations reported on by the Commission since its establishment.
In addition to the reports on particular investigations the Act provides that the Commission must annually submit to the Minister a report on all its activities during the previous year.
Issue papers and discussion papers are supplied free of charge to interested institutions and persons who wish to comment on a particular matter. These papers are widely distributed and also obtainable from the Commission's offices. The annual report, papers in the research series and reports on investigations that are published are obtainable from the Government Printer in Pretoria.
The Commission met four times during 1998, namely on 17 and 18 April, 10 and 11 July, 28 August and 27 November.
Project committees held 46 meetings during the year under review.
The desirability of the limitation of the delictual liability of professional persons and the possible regulation thereof by legislation was the focus of this project.
A working paper was published in December 1993 for general information and comment. After the comments received had been processed, a draft report was prepared. However, before the draft report could be submitted to the Commission, the South African Institute of Chartered Accountants (SAICA) held discussions with the Minister concerning the reform of auditors' liability. Following these discussions, SAICA made oral representations to the working committee at its meeting on 4 August 1995.
During the course of 1996 the Commission recommended the removal of the investigation from its programme. In November 1996 the Minister, however, requested the Commission to continue with the investigation.
On 4 March 1997 the Head: Ministerial Services addressed letters to SAICA and the Association of Law Societies requesting them to substantiate their request to have their civil liability limited. SAICA furnished a comprehensive response. After several requests the Law Society of South Africa advised on 20 October 1998 that the Attorneys Fidelity Fund had briefed an attorney to prepare a submission for presentation to the Commission at the earliest opportunity. No response has been received from the Law Society to date.
The Commission was informed of the position at its meeting of 27 November 1998. The Commission expressed the view that limitation of liability could not be justified and that it might be unconstitutional. It was resolved that the Minister should again be requested to remove the matter from the Commission's programme.
On 17 December 1998 the Minister approved the request that the investigation into limitation of civil liability of professional persons be removed from the Commission's programme.
South African media are wholly prohibited from disclosing any facet of divorce proceedings.
The Constitution, 1996, entrenches inter alia free speech, freedom of information and the right to privacy. The question which arises is whether, in regulating the publication of particulars of divorce proceedings in terms which appear peremptory, inflexible and sweeping, the provision is unconstitutional. There are clear indications that at present section 12 of the Divorce Act is simply being defied.
On 23 January 1998 the Commission resolved to include an investigation into the "publication of divorce proceedings" in its programme. The Minister approved the inclusion on 30 January 1998.
In terms of section 33 of the Constitution, 1996, everyone has the right to just administrative action and national legislation must be enacted to give effect to this right before February 2000. In the development of Justice Vision 2000 the review of administrative law was identified as one of the premier projects. The German Development Cooperation (GTZ) indicated its interest to make funds available for it.
It appeared that research under the auspices of the Centre for Applied Legal Studies (CALS) of the University of the Witwatersrand in collaboration with the University of Fort Hare had already commenced at the request of the Planning Unit of the Department of Justice. Meetings took place between CALS, the Law Commission and the Planning Unit. In August 1997 it was agreed that the review of administrative law should be placed on the Commission's programme, and a proposal (including a project committee) was put to the Minister.
On 23 January 1998 the Commission approved that an investigation into the "review of administrative law" be included in its programme. The Minister approved the inclusion in October 1998, and appointed a project committee in November 1998. Given the need to adopt legislation before February 2000, this project is being conducted on a fast-track basis.
The South African Agricultural Union requested the Commission to investigate certain issues pertaining to the carrying of firearms at gatherings and in public places in terms of the Dangerous Weapons Act 71 of 1968.
It is argued that the terms "place", "area" or "gathering" are given a generous interpretation in our law and that their use in the Dangerous Weapons Act leads to confusion amongst members of the public and especially the farming community. The gist of the problem therefore relates to the uncertainty as to when a person is allowed to carry a firearm in public or at a gathering.
The term "dangerous weapon" is fundamentally tautologous. The essential difficulty is that dangerous weapons may include objects designed to be weapons (e.g. firearms, spears, etc) or objects not designed to be weapons but which may be used as such and are easily capable of causing bodily injury (e.g. scissors, chains, etc and even natural objects such as stones, matches, etc). In short, in terms of the Dangerous Weapons Act, an object qualifies as a weapon not so much by its physical nature but according to the intent with which it is employed.
Section 2(1) of the Dangerous Weapons Act penalises the possession of two distinct types of objects: a dangerous weapon as defined; and an object resembling a firearm (which object need not necessarily be a dangerous weapon). It appears that there are two distinct forms of the offence which would have to be separately alleged and proved.
Section 2(2) of the Dangerous Weapons Act empowers the Minister of Law and order to effect certain prohibitions by way of notice in the Gazette. It does not appear necessary to show that the prohibited object was one likely to cause serious bodily injury if used to commit an assault (as is required in terms of section 2(1) of the Act), and the defence that the possessor had no intention of using such object for an unlawful purpose is not available.
Section 4 prescribes certain penalties when dangerous weapons or firearms are used in the commission of offences involving violence. Although it was held that the definition of a dangerous weapon was the same for section 2(1) and 4(1) (hence something was either a dangerous weapon for all purposes of the Act or not a dangerous weapon for any of them), this appears to have been overlooked in many decisions concerning the application of section 4(1) of the Act.
The Arms and Ammunition Act 75 of 1969. (Any person who has in his or her possession any arm, unless licenced to possess such arm, commits an offence. "Arm" is defined as any firearm other than a cannon or machine gun.
The Control of Access to Public Premises and Vehicles Act 53 of 1985. (The definition of "dangerous object" in this Act includes any firearm, weapon, etc.
he Regulation of Gatherings Act 205 of 1993. (In addition to the conditions that may apply to the holding of a gathering, this Act provides that participants at a gathering or demonstration shall abide by any law in respect of the carrying of dangerous weapons.
People (including the farming community) are increasingly resorting to the carrying of firearms for a variety of reasons. The problem is compounded by the different legislative enactments, some of which are obscured in legislation.
On 30 March 1998 the Commission approved that an investigation into "the carrying of firearms and other dangerous weapons in public or at gatherings" be included in its programme. The Minister endorsed the inclusion on 21 April 1998.
The South African Agricultural Union requested the Commission to investigate urgently the position of voluntary associations with a view to the possible amendment of sections 30 and 31 of the Companies Act 61 of 1973, or advancing legislation that will take account of the peculiar requirements of voluntary associations.
In Mitchell's Plain Town Centre Merchants Association v McLeod 1996 (4) SA 159 (A) the Supreme Court of Appeal denied legal personality to a voluntary association with more than twenty members formed for "the purpose of carrying on any business that has for its objects the acquisition of gain by the association or by the individual members thereof". As a result of this decision, numerous voluntary associations such as the South African Agricultural Union, sport clubs, jockey clubs, etc. are uncertain as to their legal personality and consequently their future existence.
whatever its membership, if the association is formed for the critical purpose it must be registered as a company in order to enjoy corporate personality; if it is not formed for the critical purpose it may yet enjoy corporate personality if it possesses the characteristics of a universitas, ie if it is to operate as an unincorporated voluntary association.
In the instant case the plaintiff's membership exceeded 20 and it is not alleged that it was registered as a company. If it was formed for the critical purpose it would therefore be illegal in terms of s 30(1) and not have legal personality in terms of s 31. In either event it would lack locus standi: consequently the first exception would be good.
The critical issue is therefore whether the plaintiff was formed for the critical purpose [of carrying on business that had for its object the acquisition of gain by the appellant and or its individual members].
Voluntary associations such as the South African Agricultural Union and the Natal Agricultural Union fall within the ambit of sections 30(1) and 31 of the Companies Act, 1973. The South African Agricultural Union is therefore an illegal organisation in terms of the Companies Act with no locus standi or legal personality.
A voluntary association ceases to exist when its membership exceeds twenty or where it adopts objectives which fall within the ambit of the prohibitions contained in section 30(1) of the Companies Act. Any property it owns at such time will become bona vacantia and will vest in the State. Any contracts which may have been purportedly concluded on its behalf would be unenforceable both by and against it.
Whatever solution is found to the difficulty, provision must be made for carrying assets, liabilities, rights and obligations over into whatever regularised result is decided upon. This cannot be by transfer because that is not an appropriate means to create a new vesting. For example, rights and obligations under the Income tax Act 58 of 1962 cannot be transferred. This is a weighty consideration - it was pointed out that an attorney's client affected by the Mitchell's Plain decision had in aggregate an assessed loss of R74 million. An attempt to "transfer" that right would be unsuccessful and disastrous.
On 30 March 1998 the Commission approved that an investigation into "the legal position of voluntary associations" be included in its programme. The Minister approved the inclusion on 21 April 1998.
Media reports have suggested that consideration be given to the adoption of legislation relating to the recognition in South Africa of same sex partnerships. The matter has been rendered particularly acute by a judgment reported in the media (Langemaat v Minister of Safety and Security 1998 (3) SA 312 (T)) in which Roux J held ultra vires certain provisions of Polmed (the medical aid scheme of the South African Police Service), evidently on grounds related to perceived discrimination in its provisions on the basis of sexual orientation. In the circumstances the working committee at its own initiative examined the need for an investigation.
On 17 April 1998 the Commission approved that an investigation into "domestic partnerships" (heterosexual and homosexual) be included in its programme and the inclusion was affirmed by the Minister on 16 July 1998.
The problem is compounded by the fact that the Fencing Act 31 of 1963 is obsolete and that the various Provincial Ordinances lack uniformity as regards the fencing of national roads. In some provinces the farmer is held responsible for the fences, while in other provinces this task is assigned to the provincial authority. Arrangements concerning the responsibility for the cost of erection and maintenance of fences also differ from province to province.
On 11 July 1998 the Commission approved that an investigation into "uniform national legislation on the fencing of national roads" be included in its programme. The Minister approved the inclusion on 6 October 1998.
Three of the judges (Nienaber, Schutz and Marais JJA) in the Supreme Court of Appeal case of Clifford v Commercial Union 1998 (4) SA 150 (SCA) were of the view that it was desirable that consideration be given to the amendment of the law to reverse the effect of the decision in Qilingele v South African Mutual Life Assurance Society 1993 (1) SA 69 (A). The other two judges refrained from expressing a view on the matter. The matter was referred to the Law Commission for consideration.
On 8 September 1998 the Commission approved that an investigation into section 63(3) of the Insurance Act 27 of 1943 be included in its programme. The Minister approved the inclusion on 6 October 1998.
On 3 October 1985 the Commission reported to the then Minister of Justice on its investigation into time limits for the institution of actions against the State. The report recommended the repeal or amendment of twenty-one provisions that limited the institution of actions against government agencies or persons for whose actions government agencies were liable in law. The report recommended uniform provisions for such actions and gave the court having jurisdiction power to condone failure to comply with the notice requirement if sound reasons existed for the failure or if the defendant was not unreasonably prejudiced by the failure. It was further recommended that the usual requirements for prescription should apply to the debts of government institutions. The legislation was never introduced in Parliament, presumably because of objections by certain government institutions.
A supplementary report was submitted to the Minister on 13 October 1998. Parliament has demonstrated its willingness to relax the strict requirements insisted on previously. Section 57(1) of the South African Police Service Act 68 of 1995 has changed the period within which legal action must commence. Section 57(5) gives a court the right to dispense with the requirements or prohibitions contained in the section where the interests of justice so require.
In the case of Mohlomi v Minister of Defence 1997 (1) SA 124 (CC) the Constitutional Court declared the provisions of section 113(1) of the Defence Act 44 of 1957 inconsistent with section 22 of the interim Constitution and to be invalid for that reason. The decision of the Constitutional Court has created serious doubt about the validity of many provisions, especially those that agree closely with section 113(1) of the Defence Act. Similar questions will arise under sections 34 and 36 of the Constitution of the Republic of South Africa Act 108 of 1996.
It is highly desirable that a uniform provision should be enacted for actions against all government institutions. The numerous provisions which lay down different requirements in different Acts create uncertainty. This uncertainty is aggravated by the doubts surrounding the constitutionality of some of the provisions.
No legal proceedings for the recovery of a debt arising from delict shall be instituted against the State, a government body, a member of the Cabinet or of an Executive Council or other functionary of the State or of a government body in his or her official capacity or a person for whose actions the State or a government body is in law liable, unless the defendant has been given notice in writing of the intention to institute the legal proceedings.
The notice must be sent within six months from the date upon which the debt became due. A debt is not regarded to be due until the creditor (or his or her tutor or curator if he or she is a minor or under curatorship) has knowledge of the identity of the debtor and the facts from which the debt arises or could have acquired such knowledge by exercising reasonable care.
The court may condone failure to give notice if good cause exists for the failure by the creditor, tutor or curator or if the defendant was not unreasonably prejudiced by the failure.
Provision is made for the repeal or amendment of 18 provisions that limit actions against the State or government institutions.
If any conflict arises between the Bill and the provisions of any other law save the Constitution or any Act expressly amending the Bill, the provisions of the Bill will prevail.
The report was submitted to the Minister on 6 May 1998.
Contractual unreasonableness, unconscionability or oppressiveness in all contractual phases need to be addressed, namely at the stages when a contract comes into being, when it is executed and when its terms are enforced, is the most viable and expedient method to effect such legal reform.
There is a need to confer wide powers on the courts to effect justice for contracting parties. These powers should be balanced by confining the proposed criteria to unreasonableness, unconscionability and oppressiveness.
There is a practical need to give some definition to the concept of unreasonableness, unconscionability or oppressiveness by setting out guidelines in the proposed legislation, so as to enhance legal certainty.
· Contracts which fall within the scope of the Labour Relations Act, 1995, or which arise out of the application of that Act.
· Contracts falling within the scope of the Bills of Exchange Act, 1964.
· Contracts to which the Companies Act, 1973, or the Close Corporations Act, 1984, apply or which arise out of the application of those Acts.
· Contractual terms in respect of which measures are provided under international treaties to which the Republic of South Africa is a signatory and which depart from the provisions of the proposed Control of Unreasonableness, Unconscionability or Oppressiveness in Contracts or Terms Bill.
· To negotiate with a person using or recommending the use of pre-formulated standard contracts in order to obtain an undertaking from him or her that he or she will act in accordance with the proposed Act, and if such a party fails to fulfil such an undertaking, the Ombudsperson may issue such orders as may be deemed necessary for ensuring the fulfilment of such an undertaking.
· If having considered a complaint about any contract term that the Ombudsperson considers to be unreasonable, unconscionable or oppressive, s/he may bring proceedings in the High Court for an interdict against any person who appears to use or recommend use of such a term; provided that if s/he decides not to apply for an interdict, the reasons must be furnished to the complainant.
· To prepare draft codes of conduct applying to particular persons or associated persons in a field of trade or commerce, in consultation with such persons, organisations, consumer organisations and other interested parties for the consideration and approval of the Minister.
· If it appears to the Ombudsperson that a person has acted in contravention of a prescribed code of practice applicable to that person, to request the person to execute within a specified time a deed in terms approved by it under which the person gives undertakings as to discontinuance of the conduct; future compliance with the code of practice; and the action the person will take to rectify the consequences of the contravention, or any of them.
· To retain all deeds and to register the deeds in a Register of Undertakings kept by it and containing the prescribed particulars.
· If a person fails to comply with the request by the Ombudsperson for the giving of an undertaking it may on application to the High Court, request that the person be ordered to act in a manner that would have been required; or to refrain from acting in a manner that would have been prohibited.
The question whether the parol evidence rule should be retained or abolished leads to divergent answers not only in South Africa but also in other jurisdictions. The Commission takes the view that evidence of what passed between the parties, or the background or surrounding circumstances, is the best evidence of what the parties had in mind, and if the words the parties used are capable of some other meaning, as is almost invariably the case, justice requires that such evidence should be admissible to prove the contract.
At the request of the Department of Health, the Commission is conducting an investigation into aspects of the law relating to HIV/AIDS. Previous work done in the course of the investigation and work in progress are furnished in Chapter 5.
During the year under review the Commission completed two further interim reports: second interim report on pre-employment HIV testing and third interim report on HIV/AIDS and discrimination in schools. The interim reports were tabled in Parliament on 13 August 1998.
The second interim report deals with the question whether statutory intervention to prohibit pre-employment testing for HIV is warranted. There is at present no specific statutory prohibition on pre-employment testing for HIV in our law. There is also no clarity as to the circumstances under which an employer could require an applicant for employment to take an HIV test. Legislative intervention aims to attain the twin objectives of maintaining otherwise healthy persons with HIV in productive employment, and protecting the rights of persons with HIV in the workplace.
A prohibition on HIV testing in the workplace should not be absolute but should allow for exceptions where testing is allowed under legislation and in certain circumstances where it is fair and justifiable. Justification for testing should be based on medical facts, employment conditions, social policy, the fair distribution of employee benefits and the inherent requirements of the particular job. All of these factors should be considered jointly and individually in ascertaining whether testing is fair and justifiable.
Since publication of the second interim report the Department of Labour has finalised the Employment Equity Act, 1998. The Act contains an express prohibition against HIV testing similar to that suggested by the Commission in its discussion paper 72 which preceded the interim report.
The third interim report deals with HIV/AIDS and discrimination in schools and recommends that the Minister of Education, under the National Education Policy Act, 1996, determine national policy on HIV/AIDS in schools.
A national policy for HIV/AIDS in schools is urgently required in order to protect learners with HIV from unfair discrimination in the school environment. However, such intervention will have to take into account the rights of all learners and should aim for a fair balance between the rights of learners with HIV and those without HIV.
The policy should apply nationally, it should prevail over any other policy instrument on HIV/AIDS in public schools, and have children of school going age (including children in the pre-primary phase) as its chief focus. In view of the fact that compliance with the proposed policy cannot otherwise be ensured in the case of independent schools, the Commission recommends that Members of Executive Councils responsible for education should in terms of the South African Schools Act, 1996 make compliance with the policy a condition on which registration of independent schools may be granted.
The national policy should set out broad guidelines in accordance with constitutional principles. In view of the wide variety of circumstances prevailing in South African schools and since the South African Schools Act, 1996 stresses the importance of parent empowerment in the education of their children, it is recommended that a governing body of a school should, in addition, be able to adopt a more specific HIV/AIDS policy at school level to give operational effect to the national policy. The purpose of the school level policy would be to provide a mechanism to express the needs of individual schools and their communities, especially with regard to their ethos and values, within the framework of the national policy's minimum standards and norms. It is intended that the national policy should constitute a set of basic principles from which governing bodies may not deviate.
· Compulsory testing of learners as a prerequisite for admission to any school, or any unfair discriminatory treatment (for instance the refusal of continued school attendance on the basis of the HIV status of the learner), is not justified.
· However, it is recognised that special measures in respect of learners with HIV may be necessary. These must be fair and justifiable in the light of medical facts, school conditions and the best interests of learners with and without HIV.
· Learners' rights to privacy are confirmed. Where HIV-related information is disclosed to a member of staff, the policy provides that, except where statutory or other legal authorisation exists, such information may be divulged only with the informed consent of the learner (above the age of 14 years) or in other cases with the consent of his or her parent or guardian.
· The needs of learners with HIV should, as far as is reasonably practicable, be accommodated within the school environment.
· "Universal precautions" (standard precautionary measures aimed at the prevention of HIV transmission including instructions concerning basic hygiene and the wearing of protective clothing such as rubber gloves when dealing with blood and body fluids) should be implemented by all schools to exclude effectively the risk of transmission of HIV in the school environment. The policy contains specific provisions on participation in contact sport and contact play.
· All learners have a right to be educated on HIV/AIDS, sexuality and healthy lifestyles, in order to protect themselves against HIV infection. The policy recognises the need for the involvement - although limited - of parent communities in order to ensure that sexuality education will take into account the community ethos and values. The policy requires that information on HIV/AIDS be given in an accurate and scientific manner.
· All learners should respect the rights of other learners.
· A school's governing body should be able to adopt an HIV/AIDS policy at school level to give operational effect to the national policy. This would however have to take place within the framework set by the national policy.
The second and third interim reports deal only with the matters set out above. Subsequent interim reports will deal with other matters identified for reform.
The advances made in medical science and especially the application of medical technology have resulted in patients living longer. For some patients this signifies a welcome prolongation of meaningful life, but for others the result is a poor quality of life which inevitably raises the question whether treatment is a benefit or a burden.
Worldwide increased importance is furthermore being attached to patient autonomy. The need has therefore arisen to consider the protection of a mentally competent patient's right to refuse medical treatment or to receive assistance, should he or she so require, in ending his or her unbearable suffering by the administering or supplying of a lethal substance to the patient. The position of the mentally incapacitated patient, as well as the patient who is clinically dead, has to be clarified as well.
There is some degree of uncertainty in the minds of the general public and medical personnel about the legal position in this regard. Doctors and families want to act in the best interests of the patient, but are unsure about the scope and content of their obligation to provide care. Doctors are furthermore afraid of being exposed to civil claims, criminal prosecution and professional censure should they withhold life-support systems or prescribe drugs which may shorten the patient's life, even if they are merely complying with the wishes of the patient.
A report was approved by the Commission on 27 November 1998 and will be submitted to the Minister early in 1999.
A medical practitioner may, under specified circumstances, cease or authorise the cessation of all further medical treatment of a patient whose life functions are being maintained artificially while the person has no spontaneous respiratory and circulatory functions or where his or her brainstem does not register any impulse.
A person who is not mentally incapacitated may refuse any life-sustaining medical treatment with regard to any specific illness from which he or she may be suffering, even though such refusal may cause the death or hasten the death of such a person.
A medical practitioner or, under specified circumstances, a nurse may relieve the suffering of a terminally ill patient by prescribing sufficient drugs to control the pain of the patient adequately even though the secondary effect of this conduct may be the shortening of the patient's life.
A medical practitioner may, under specified circumstances, give effect to an advance directive or continuing power of attorney of a patient regarding the refusal or cessation of medical treatment or the administering of palliative care, provided that these instructions have been issued by the patient with mental capacity.
A medical practitioner may, under specified circumstances, cease or authorise the cessation of all further medical treatment with regard to terminally ill patients who are unable to make or communicate decisions concerning their medical treatment, provided that his or her conduct is in accordance with the wishes of the family of the patient or authorised by a court order.
As regards active voluntary euthanasia, the Commission does not make a specific recommendation. The Commission sets out different options to deal with this issue.
Option 1: Confirmation of the present legal position The arguments in favour of legalising euthanasia are not sufficient reason to weaken society's prohibition of intentional killing since it is considered to be the cornerstone of the law and of all social relationships. Whilst acknowledging that there may be individual cases in which euthanasia may seem to be appropriate, these cannot establish the foundation of a general pro-euthanasia policy. It would furthermore be impossible to establish sufficient safeguards to prevent abuse.
Option 2: Decision-making by the medical practitioner The practice of active euthanasia is regulated through legislation in terms of which a medical practitioner may give effect to the request of a terminally ill patient with mental capacity to make an end to the patient's unbearable suffering by administering or providing a lethal agent to the patient. The medical practitioner has to adhere to strict safeguards in order to prevent abuse.
Option 3: Decision-making by a panel or committee: The practice of active euthanasia is regulated through legislation in terms of which a multi-disciplinary panel or committee is instituted to consider requests for euthanasia according to set criteria.
As a result of various representations by consumer organisations and a request by the former Minister of Justice in this regard, the Commission included the investigation in its programme.
Class actions and public interest actions are part of the worldwide movement to make access to justice a reality by broadening locus standi (standing in court). Traditionally the South African law of standing has been relatively restrictive: the courts have required a direct, personal and sufficient interest in the action before a person could institute or defend an action. If the traditional notion of standing is strictly adhered to, public spirited individuals or representative organisations and associations are prevented from claiming relief in the public interest or in the interests of persons who for various reasons are unable to enforce their rights. Furthermore, the Constitution of the Republic of South Africa Act 108 of 1996, specifically provides for class actions and public interest actions (sections 38(c) and (d)) and it is logical that the same principles should apply in non-Bill of Rights issues.
Class actions and public interest actions are ideal procedural mechanisms to use in situations where a large number of persons have the same or similar claims or defences. One example should suffice. Should a plane, bus, or taxi crash, the claims of the injured passengers are usually pursued and tried as separate and individual cases, even though the individual cases are based on the same cause of action. A class action will make it possible to bring a single action for damages based on the negligence of the pilot, the bus or taxi driver on behalf of all the injured passengers. The finding of the court will bind all injured passengers (the members of the class). This is seen as a means of fostering both judicial economy and social utility as the courts will no longer be inundated with numerous claims relating to a common subject matter, and individual plaintiffs with claims too small for individual pursuit are provided access to the courts.
A report was submitted to the Minister on 12 October 1998. The Commission concludes in the report that statutory intervention is necessary to recognise and regulate class actions and public interest actions and proposes a draft Bill to give effect thereto.
The report forms part of the extended investigation into the harmonisation of the common law and the indigenous law. Background is furnished in Chapter 5. The report sets out the background to the question of marriages entered into by African customary rituals and the refusal by the common law of South Africa to recognize these marriages. It also recommends certain changes to the customary law of marriage in order to bring the relationship between spouses in line with constitutional requirements.
The report was submitted to the Minister on 30 September 1998.
Since the passage of the Recognition of Customary Marriages Act 120 of 1998 through Parliament in November 1998, the report should be seen as providing an important record of the Commission's views, arguments and processes during the preparation of the legislation.
The report forms part of an extended investigation into arbitration. Background is furnished in Chapter 5. The report contains important new legislation aimed at bringing the country's arbitration law in line with international norms. It proposes the alignment of South Africa's international arbitration law with that of several of its important trading partners in Africa and elsewhere. The report was submitted to the Minister on 12 October 1998.
Parties to international business transactions favour arbitration as a method for dispute resolution. It is however widely argued that South African law does not currently promote international commercial arbitration. The Arbitration Act 42 of 1965 contains no provisions which expressly deal with international arbitration, while the Recognition and Enforcement of Foreign Arbitral Awards Act 40 of 1977 is limited to the enforcement of foreign awards only. It is also generally considered that the court's statutory powers of supervision during the arbitral process are inappropriate, given in particular the inherently expeditious nature of that process.
The Commission proposes that international arbitration legislation be regulated in a single statute. In this process consideration has been given firstly to South Africa's response to the UNCITRAL Model Law; secondly to possible changes to the legislation on the New York Convention (currently set out in Act 40 of 1977); and thirdly to the proposed accession by South Africa to the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States(ICSID).
The Model Law was adopted by the United Nations Commission on International Trade Law (UNCITRAL) on 21 June 1985. It provides a framework within which international commercial arbitrations can be conducted with a minimum degree of judicial intervention and a significant degree of party autonomy. Its aim is to promote the harmonisation and uniformity of national laws pertaining to international arbitration procedures. It is intended for adoption by individual countries with a minimum of adaptation. Delegates from developing countries played a prominent role in the drafting process of the Model Law; it has been adopted by many Commonwealth and other countries, including important trading partners of South Africa, both within SADEC and beyond it.
The Recognition and Enforcement of Foreign Arbitral Awards, Act 40 of 1977 attempted to give effect to the New York Convention of 1958. It has however been subject to criticism.
The Washington Convention is focussed on the resolution of investment disputes between a contracting state or government entity of the state and a national of another contracting state. The Convention established the International Centre for Settlement of Investment Disputes (ICSID) which has its seat at the principal office of the World Bank in Washington. Its paramount aim is to promote a climate of mutual confidence between states and investors, thereby increasing the flow of resources to developing countries under reasonable conditions.
In its report the Commission recommends the adoption of a draft International Arbitration Bill embodying all South African legislation on international arbitration in a single statute.
The compulsory application of the Model Law to international commercial arbitration.
The repeal of Act 40 of 1977 and its replacement by legislation which deals expressly with both the recognition and enforcement of foreign arbitral awards and rectifies certain other defects in the wording of the existing legislation.
The ratification of the Washington Convention, following the example of most of the other African countries, as this would create the necessary legal framework to encourage foreign investment and further economic development in the region.
The report forms part of an extended investigation into family law and the law of persons. Background is furnished in Chapter 5.
The Commission published an issue paper on the review of the maintenance system in 1997. The comments received in respect of the issue paper indicated that while there is a need for further investigation into the long term measures, the problems currently experienced in relation to maintenance are so pressing that the implementation of solutions should not be delayed until these long term measures have been fully investigated.
An interim report was submitted to the Minister on 6 May 1998. The problems discussed in the interim report relate to two parts of the maintenance process where many practical problems arise. The first is the procedure leading up to the making of a maintenance order where repeated visits to the office of the maintenance officer and numerous postponements of maintenance enquiries are common complaints. The second is the enforcement of maintenance orders by way of the conviction of a person for the failure to comply with such an order, which is widely accepted to be ineffective.
That a statutory basis be provided for the appointment of maintenance investigators.
The extension of the court's power to make a maintenance order in the absence of a person who is under an obligation to pay maintenance.
The introduction of a procedure for the automatic recovery of maintenance payments from the income of a person who is under an obligation to pay maintenance.
The introduction of a procedure for the execution of maintenance orders which will function independently from a prosecution for the failure to comply with a maintenance order.
The extension of the definition of "maintenance order" to include payment of non-periodical expenses, made towards a person's maintenance.
Most of the Commission's recommendations are embodied in the Maintenance Act 99 of 1998.
In 1998 the Commission published a discussion paper in which it proposed certain amendments to sections 170 and 172 of the Constitution, 1996, section 110 of the Magistrates' Courts Act, 1944 and the Magistrates' Courts Rules. The main objectives of the amendments were to confer constitutional jurisdiction on magistrates' courts and to effect harmony between their constitutional jurisdiction and their ultra vires jurisdiction. A number of responses to the Commission's proposals were received.
That magistrates be precluded from ruling on the validity of Acts of Parliament, legislation passed by the provincial legislatures after 27 April 1994 and any conduct of the President.
That confirmation by a Full Bench of a High Court be required before any order of constitutional invalidity made by a magistrate has any force.
A report was approved by the Commission on 27 November 1998 and it will be submitted to the Minister during February 1999.
As regards the suggestion that magistrates be permitted to rule on the validity of Acts of Parliament, legislation passed by the provincial legislatures after 27 April 1994 and any conduct of the President, the report notes that the Constitution affords a measure of procedural protection to Acts of Parliament and conduct of the President. Section 172 provides that a High Court may rule on their constitutional validity, but a ruling of invalidity must be confirmed by the Constitutional Court. The view is held that the jurisdictional and procedural scheme established by the Constitution suggests that magistrates' courts are precluded from ruling on the constitutionality of Acts of Parliament and conduct of the President. The Commission also considers it appropriate that magistrates be precluded from ruling on the constitutional validity of legislation passed after 27 April 1997 by the provincial legislatures, since they are representative legislatures with significant constitutional status and a range of exclusive legislative powers.
The Commission accepts the argument that in view of the inapplicability of stare decisis in the lower courts the compulsory referral to a Full Bench of a High Court of all rulings of constitutional invalidity by magistrates will result in unnecessary inconvenience, costs and delays. It accordingly proposes that the suggested compulsory referral mechanism be replaced with a requirement that magistrates' courts making orders of constitutional invalidity forthwith notify the relevant state institutions. The state institutions would then be in a position to seek a declarator from a High Court in appropriate cases, for example where there is no appeal, the state institutions have a sufficient interest in the matter, and the other requirements for declaratory relief are met. Amendments are proposed to the High Court Rules for the granting of declaratory relief in such circumstances.
The investigation into domestic violence was also completed during the year under review, although a report has not been published.
A comprehensive discussion paper on domestic violence was published for general information and comment during February 1997. The return date for comment on the discussion paper was 30 May 1997. A project committee was appointed during September 1997. The names of the project committee members are reflected in Annexure B.
Due to Parliamentary time constraints, a draft Domestic Violence Bill emanating from the project committee was introduced in Parliament by the Minister prior to finalisation of the Commission's report.
Protection is offered to any victim who is in a "domestic relationship" with the abuser.
"Domestic violence" is broadly defined.
A duty is placed on a member of the South African Police Service to inform a victim of his or her rights at the scene of an incident of domestic violence.
A peace officer may without warrant arrest any person at the scene of an incident of domestic violence whom he reasonably suspects of having committed an offence containing an element of violence.
An application for a protection order may be brought on behalf of the applicant by any other person who has a material interest in the well-being of the applicant.
Provision is made for the ex parte granting of an interim protection order.
The terms which may be contained in a protection order are clearly spelled out.
The Bill contains provisions regarding seizure of arms and dangerous weapons in domestic violence situations.
In granting an interim protection order, the court must issue a suspended warrant for the arrest of the respondent which remains in force unless the interim protection order is set aside. The respondent is criminally charged for breaching the protection order.
Proceedings must be held in camera, but any party to the proceedings may request the presence of specified persons.
The period of imprisonment for a person found guilty of breaching the protection order is increased to a period not exceeding five years.
The recently approved Domestic Violence Act 116 of 1998 largely corresponds to the Bill drafted by the project committee, but it also contains provisions advanced by the Commission and developed by the Justice Portfolio Committee with the assistance of the researcher and the Department of Justice.
In this chapter the position regarding uncompleted investigations on the Commission's programme is discussed. At present there are 29 uncompleted investigations on the Commission's programme. Investigations completed as well as interim reports submitted to the Minister are discussed in Chapter 4.
One of the objects of the Commission as set out in section 4(e) of the Act is to take steps to make the common law more readily available. Works that were published in this regard are listed in the Commission's research series contained in Annexure G.
The Commission resolved that there is no real need for its involvement in the project and that it should consequently have a very low priority.
The fact that under the new constitutional dispensation, apart from the central legislature, there are nine provincial legislatures, each having extensive legislative powers, makes it essential to look very closely at ways of preventing our statute book from becoming increasingly inaccessible. This is obviously an enormous task which will be very expensive. Up to the present it has in fact been the aspect of costs that has obstructed any real progress with the investigation. In addition, the Commission does not have sufficient professional personnel to undertake a task of this magnitude without adversely affecting the other investigations on the Commission's programme.
A further important dimension of this investigation is the need to purge the statute book in order to identify and rectify unconstitutional provisions.
In order to give due consideration to all facets of this wide-ranging investigation the outcome of a workshop on the rationalisation of laws hosted by the Department of Constitutional Development (with the assistance of the Venice Commission) was awaited. The workshop took place on 13 and 14 October 1998.
During the year under review donor funding from USAID for the establishment of a Unit for Statutory Law Revision has been obtained. However, in view of curtailments to funds made available for the project and the deliberations of the workshop on rationalisation of laws, an adjusted implementation plan needs to be developed and approved by the Commission. This will receive a high priority early in the new year.
The project committee established for the purpose of the investigation met in 1990 and considered a working paper dealing with the nature of Islamic law and the conflict between the common law and Islamic law as well as the observance of Islamic law in South Africa. A comparative legal study received further attention during the year. Further work in the investigation was delayed by, amongst others, the finalisation of the 1996 Constitution.
During March 1997 two workshops were held in order to involve the public in the planning of the investigation and to elicit nominations for appointment to the project committee. As a result of advertisements in the press and the open invitation extended at the workshops 78 nominations were received. On 17 December 1998 the Minister indicated that a project committee should be appointed under the chairmanship of Judge M S Navsa. The appointment of a project committee is awaited.
A project committee was appointed to assist with the investigation. The names of the project committee members are contained in Annexure B.
The project committee considered the comments received on all the working papers and assumed points of view on appropriate legislation.
During May 1998 a proposed adaptation of UNCITRAL's Model Law on Cross-Border Insolvency for enactment in South Africa was distributed for comment. The project committee considered the comments and is of the view that the adaptation, with minor amendments, should be enacted as a separate chapter in new insolvency legislation.
Section 1 of Act 6 of 1991 substituting section 34 of the Insolvency Act, 1936, to regulate the voidable sale of a business.
Section 1(3) to (5) of Act 57 of 1993 dealing with the preference conferred by a special bond over movable property.
Act 122 of 1993 dealing with insolvency interdicts.
Section 1 of Act 129 of 1993 dealing with appeals against sequestration orders.
A comprehensive discussion paper (discussion paper 66) which contained a draft Insolvency Bill and Explanatory Memorandum was published for comment. Detailed and well-considered comments on the Draft Insolvency Bill and Explanatory Memorandum were received. The insolvency project committee considered detailed discussions of general comments and comments on the first 79 clauses of the Bill, and gave its views on matters raised by the commentators and the researcher. The project committee is scheduled to consider a discussion of the remaining comments and a draft report on insolvency legislation for individuals early in 1999.
Disqualification and personal liability of directors.
Compromises and arrangements.
The position of related companies.
Dissolution and deregistration of companies.
Provisions in respect of close corporations.
Provisions in respect of other legal persons.
In April 1998 the Standing Advisory Committee on Company Law agreed that the Centre for Advanced Corporate and Insolvency Law at the University of Pretoria should undertake a project aimed at merging the liquidation provisions of the Companies Act 61 of 1973 and the Close Corporations Act 69 of 1984 into the draft Insolvency Bill drawn up by the Commission. The Centre produced a working document that was discussed at a symposium presented by the Centre and the Transvaal Law Society on 23 October 1998. The Centre held workshops during December 1998 to refine the proposals in the working document and plans to submit a report to the Standing Advisory Committee on Company Law during the first half of 1999.
According to current planning the investigation will be concluded in the course of 1999.
The investigation entails a comprehensive review of the Criminal Procedure Act 51 of 1977. Owing to the extent thereof the Commission adopted an incremental approach to the investigation. The objects are to investigate the possibility of shortening and simplifying certain cumbrous procedures that give rise to the unnecessary protraction of trials as well as investigating the influence of the Bill of Rights on the Criminal Procedure Act.
As part of the first phase of the investigation the Commission completed a report on appeal procedures and related matters during 1994 and the recommendations contained therein are at present under consideration. In the second phase of the investigation the Commission published a discussion paper which addressed the reasons for delays in the completion of criminal trials, abuses of the process, specific provisions of the Criminal Procedure Act that cause delays and problems relating to the administration of the process. During 1995 the Commission completed an interim report which dealt with these matters and legislation emanating from the report was approved by Parliament with the enactment of the Criminal Law Amendment Act 86 of 1996.
During 1996 the Minister appointed a project committee chaired by Judge L van den Heever. Since its appointment the project committee has met on several occasions to plan the completion of the investigation. In the third phase of the investigation an issue paper on access to the criminal justice system was published during April 1997. The return date for comments was extended until 30 August 1997.
The terms of office of the project committee members expired during March 1998. The Minister appointed a new project committee with effect from 24 July 1998. The names of the project committee members are contained in Annexure B. A project committee meeting was held on 26 November 1998 at which the planning of the investigation was considered.
The previous project committee approved the publication of an issue paper on access to the criminal justice system. Subsequent to the publication of the issue paper the Minister appointed a task team to report to him on the transformation of the legal aid system. This subject covered a large part of the Commission's issue paper and in view thereof the new project committee reconsidered the need to proceed with the investigation. In view of a decision to proceed with an investigation into the establishment of a dual system for defended and undefended accused persons (which forms part of the problem of access to justice) it was resolved not to proceed with the publication of a discussion paper on access to justice but to keep it in abeyance pending the finalisation of the first-mentioned investigation.
An investigation into the question whether or not to allow the Attorney-General to appeal on a question of fact relating to the merit of the case. The drafting of a discussion paper is receiving attention.
An investigation into the viability of the establishment of a dual system of criminal procedure for defended and undefended accused persons and the incorporation of inquisitorial elements in the procedure. The committee requested Professor NC Steytler, a member of the project committee, to conduct research in this regard and to prepare a discussion paper and a report for consideration by the committee. The German Technical Cooperation (GTZ) will provide financial assistance in respect of the farming out of the research and the development of a discussion paper and final report.
A discussion paper on the application of the Bill of Rights to criminal procedure, criminal law, the law of evidence and sentencing is being prepared by a researcher for consideration by the project committee.
The object of the investigation is to investigate all aspects related to sentencing on a continuous basis. During 1996 the Minister appointed a project committee chaired by Judge L van den Heever. The project committee has met on several occasions since its appointment to plan the investigation.
Community participation and individual interests in the sentencing process including compensation for victims of crime and victim empowerment.
An evaluation of existing forms of punishment and compulsory sentences. The Minister of Justice had also requested the committee to consider the issue of mandatory minimum sentences and such an investigation was subsequently included in the committee's planning of the investigation.
An issue paper dealing with compensation for victims of crime and victim empowerment as part of restorative justice was published during April 1997. The closing date for comments was extended until the end of September 1997.
The need for the establishment of a compensation scheme for victims of crime in South Africa.
The administration of such a scheme, including the rationale for the establishment of such a scheme, the meaning of "victim" for the purpose of the scheme, the nature and purview of the scheme, minimum and maximum awards in terms of the scheme, restitution for non-pecuniary loss, compensation for loss of personal property, persons qualifying for compensation, persons excluded from participation in the scheme and general principles which should be provided for in the enabling legislation, if any.
The enactment of legislation which recognises victim impact statements.
The introduction of community participation in the sentencing process by formal recognition of procedures involving victim/offender mediation including family group conferences, community youth conferences, community aid panels and circle sentencing.
An issue paper on mandatory minimum sentences was published for general information and comment during July 1997. The closing date for comments was 30 September 1997. The issue paper dealt with sentencing practises in South Africa, criticism of the penal system and possible options for reform.
Enactment of sentencing guidelines; presumptive sentencing guidelines.
Voluntary sentencing guidelines.
Legislative guidelines which assist in determining the choice and length of the punishment.
Enactment of principles of sentencing including guidelines which determine the imposition of imprisonment.
The terms of office of the project committee members expired during March 1998. A new project committee was appointed during September 1998. The names of the project committee members are reflected in Annexure B. A meeting to define terms of reference was held on 26 October 1998. The objective of the committee is to develop a comprehensive Sentencing Act that would provide a permanent framework for sentencing in South Africa. In doing so the committee plans to adopt a holistic approach to all issues related to sentencing, which would include placing victims at the centre of the criminal justice system. The process of developing a structured sentencing policy should be as inclusive as possible of all the relevant stake holders.
The committee also considered the Criminal Law Amendment Act 105 of 1997 and noted that it was a temporary measure and that its sentencing provisions would cease to have effect at the end of April 2000. On 30 November 1998 the committee met to formulate principles of a broad sentencing policy and to consider a broad framework for empirical research to assess the impact of the Criminal Law Amendment Act 105 of 1997.
A discussion paper on a comprehensive Sentencing Act will be developed during 1999.
The Commission has been investigating aspects of the law relating to AIDS since 1993. Since then extensive research has been done, evidence has been heard from interest groups, and a discussion document (working paper 58) was published for general information and comment during 1995. Comments on the working paper reflected differences of opinion between interest groups which have to be resolved. A project committee representative of divergent interests under the chairmanship of Judge E Cameron has been assisting the Commission in this task and developing final recommendations on several issues regarding HIV/AIDS since August 1996. The names of the other members of the project committee are reflected in Annexure B.
The project committee adopted an incremental approach in dealing with its mandate. During the past two and a half years the Commission published three discussion papers and three interim reports. These dealt with health care related issues (discussion paper 68 and first interim report); pre-employment HIV testing (discussion paper 72 and second interim report); and HIV/AIDS in schools (discussion paper 73 and third interim report). The Commission's 1997 annual report contains full details on the first interim report. More information on the other two interim reports is contained in Chapter 4.
During the year under review the Commission also completed a fourth discussion paper dealing with the need for a statutory offence aimed at harmful HIV-related behaviour. The discussion paper will be published for general information and comment in January 1999. The closing date for comments is 28 February 1999. In this discussion paper the premise that the criminal law is not pre-eminently the means by which to combat the spread of HIV is confirmed: the AIDS epidemic is first and foremost a public health issue and it is internationally accepted that non-coercive measures are the most successful means through which public health authorities can reduce the spread of the disease. However, it is also accepted that where HIV-related behaviour results in harm to others (ie exposure to or transmission of HIV), public health measures in themselves are insufficient and the criminal law undoubtedly has a role to play in protecting the community and punishing those who transgress. The Commission is of the preliminary opinion that this limited role is not necessarily incompatible with any public health strategy against the disease.
Since the Commission is not in a position at this stage to come to any firm conclusion on the need for the creation of a statutory offence, draft legislation has not been included in the discussion paper.
The possible prosecutorial difficulties in applying the common law crimes.
The counter-productive effect the creation of a new offence may have on public health efforts in curbing the spread of HIV.
The viability of utilising public health measures as an alternative to taking recourse to the criminal law.
Specific questions relating to the formulation of a statutory offence should it prove to be pertinent.
An interim report on the need for a statutory offence aimed at harmful HIV-related behaviour will be finalised during the first half of 1999. A fifth discussion paper dealing with the question of HIV testing of sexual offenders and persons accused of having committed sexual offences will also receive attention during 1999.
The recognition of customary marriages.
Conflict of laws.
Law of succession.
Information regarding the report on customary marriages appears in Chapter 4.
A discussion paper on conflict of laws was published for general information and comment during April 1998 and the closing date for comments was 30 June 1998.
Application of customary law should remain a matter of judicial discretion, but more exact guides to choice of law are needed to bring certainty to an issue that is currently vague and confused. These guides should be precise, flexible, simple and in keeping with the way courts have been used to solving problems.
The repugnancy proviso no longer has a useful role to play and it should be repealed.
Race should be irrelevant as a criterion for applying customary law and for determining the jurisdiction of traditional courts. Hence, section 12(1) of the Black Administration Act should be amended to delete any reference to "Blacks".
Section 23(1) of the Black Administration Act should be amended to provide that only the testator's personal interests in property may be disposed of by will. The current regulations on land held under quitrent tenure should be amended to remove elements of gender discrimination.
Choice of law rules contained in regulations issued under the Black Administration Act and in the Act itself should be considered and amended. The special rule for foreigners in regulation 2(a) should be deleted. If the proposal to abolish exemption from customary law is accepted, then regulation 2(b) should also be deleted. The position of people who die partially testate and partially intestate should be clarified. If persons subject to customary law are to benefit from various reforms in common law, customary marriages must be given full recognition on a par with civil marriages.
Section 1(3) of the Law of Evidence Amendment Act should be replaced by a new section. Recognition should be given to the litigants' freedom to choose the applicable law, and in the absence of an agreement the courts should apply the law with which the case has its closest connection.
Section 1(3) of the Law of Evidence Amendment Act must be amended to exclude conflicts involving foreign systems of law.
A draft report on conflict of laws was considered by the Commission on 27 November 1998. An amended draft report will be considered by the Commission at its next meeting.
An issue paper on succession was published for general information and comment on 28 April 1998. The closing date for comments was 30 June 1998. Now that the Constitution recognises customary law as a component of the legal system on a par with common law, it is necessary to clarify the rules of succession in customary law. In addition, ways must be found to harmonise those rules (and those of the common law) with the provisions of the Constitution.
The purpose and nature of rules of succession.
Succession to the head of a family.
Succession to women.
Burial and funeral ceremonies.
Administration of estates.
The development of a discussion paper on succession will receive attention during 1999.
Research on traditional courts has been completed and a Bill is being drafted for inclusion in a discussion paper during 1999.
The investigation initially dealt with international and domestic commercial arbitration only, but at the request of the Minister it was broadened to include an investigation into alternative dispute resolution (ADR) at all levels. The project committee was broadened for this purpose. The names of the project committee members are reflected in Annexure B.
The contents of a report on international commercial arbitration is summarised in Chapter 4.
A discussion paper on domestic commercial arbitration is at present being developed for consideration during the first quarter of 1999. It will consist of a revised version of the existing Arbitration Act 42 of 1965, having regard to certain problems which have been experienced with the existing Act in practice and recent changes to arbitration legislation in other jurisdictions.
An issue paper dealing with all aspects of ADR was published for general information and comment during 1997.
The further implementation of community courts in the new dispensation and the proper role of the state in this regard.
The role of ADR in the criminal sphere was also addressed. The proposed juvenile justice and victim-offender mediation programmes were noted as examples of the increasing importance afforded to ADR in criminal matters. These issues were, however, not dealt with in detail as they are already being addressed in other investigations of the Commission.
A legal forum held on 11 March 1998 launched a national consultative process of ten workshops on "Access to Justice: Community Structures"which were held in the nine provinces from17 March 1998 to12 May 1998. Invitations were extended to a range of stakeholders so as to ensure that a diverse pool of knowledge and experience would be represented.
The process was concluded with a national legal forum on 2 - 3 July 1998 to develop an action plan for promoting community justice structures in South Africa. Issues on which consensus was reached, and those which remained contentious, were noted. In most of the provinces there are community-based justice structures, under different names, that are functional. There is broad consensus that communities need these structures to resolve disputes through mediation.
The consultation process was made possible by financial assistance from USAID. The details of the process appear in Chapter 6.
The information gleaned from the workshops and legal forums forms the basis for a discussion paper which will be finalised during the first quarter of 1999.
The business world relies with confidence on computers for the keeping and processing of information. However, when it comes to the presentation of evidence in civil and criminal proceedings, the law is reluctant to admit as evidence information produced by computer. The Computer Evidence Act 57 of 1983 sets strict requirements with which computer print-outs must comply in order to be admitted as evidence.
The Commission decided that the investigation should be kept in abeyance pending the finalisation of its investigation into computer-related crimes (project 108 below) in view of the overlap between the two investigations.
With the introduction of the Act in 1956 the common law relating to contributory negligence and joint wrongdoers was amended and the "last opportunity" - rule of avoiding an accident as the test of liability repealed. The Act empowers the courts to determine the degree of fault of each party in an action for damages based on negligence and to apportion the damages accordingly. The Act also makes it possible to sue joint wrongdoers in the same action. The investigation entails the review of the Act in question with special reference to the meaning of "fault" which is defined in the Act and the joinder of parties.
A discussion paper was published in October 1996 for general information and comment. The preparation of a report is receiving attention and will be finalised early in 1999.
Since the establishment of the Commission, aspects of family law and the law of persons have been investigated on a continuous basis. On the recommendation of the Commission, far-reaching amendments to divorce law, matrimonial property law and domicile were effected.
There is considerable overlapping between family law and the law of persons and it is submitted that the inclusion of a single comprehensive investigation in the Commission's programme is justified. The investigation will enable the Commission to monitor, on a continuous basis, the reform measures that have been implemented in these branches of the law and, if necessary, to make additional recommendations in good time.
The Commission published an issue paper on the review of the maintenance system for general information and comment during March 1997. A project committee was appointed after the publication of the issue paper. The names of the project committee members are reflected in Annexure B.
The project committee resolved not to publish a discussion paper, but to proceed with the publication of an interim report. A summary of the recommendations contained in the interim report appears in Chapter 4.
A number of the Commission's recommendations are embodied in the Maintenance Act 99 of 1998.
Research is continuing. Matters relating to criminal procedure and sentencing are at present dealt with as part of other investigations on the Commission's programme (see project 73 and project 82).
The previous Commission considered a request received from the Minister of Safety and Security addressed to the Minister of Justice and referred to the Commission. The Minister of Safety and Security proposed that a review and rationalisation of South Africa's security legislation should be undertaken by the Commission so as to ensure that the legislation is in accordance with international norms, the Constitution and present requirements of the country.
The present Commission supported the inclusion of the investigation in the Commission's programme and it was approved by the Minister on 22 March 1996. Due to capacity problems and financial restraints the investigation had to be kept in abeyance for a considerable period of time.
A project committee was appointed by the Minister on 2 September 1998. The names of the members of the project committee appear in Annexure B.
During November 1998 a discussion paper on the Interception and Monitoring Prohibition Act 127 of 1992 was published for general information and comment.
The closing date for comments on the discussion paper is 25 January 1998. The project committee will consider other areas of the law relating to security during 1999.
South Africa does not have a cohesive juvenile justice system. Limited provisions providing specifically for the management of young people caught up in the criminal justice system are spread throughout a number of separate statutes such as the Criminal Procedure Act, 1977, the Probation Services Act, 1991, the Child Care Act, 1983, and the Correctional Services Act, 1959.
The drafting of composite juvenile justice legislation was identified as a priority in the National Plan of Action for Children. The Minister accordingly requested the Commission to include an investigation on juvenile justice in its law reform programme. The project committee on juvenile justice was appointed on 5 December 1996. The names of the members appointed to the project committee appears in Annexure B.
An issue paper was published in June 1997 for general information and comment. The issue paper dealt with principles to underpin juvenile justice legislation, age and criminal capacity, legal representation, police powers, release policy, diversion, juvenile courts, sentencing, and monitoring mechanisms. To further community outreach, the issues canvassed in the issue paper were summarised in a more reader-friendly questionnaire. The closing date for comments on the issue paper was 30 September 1997 and that for submission of the questionnaire 31 December 1997.
A discussion paper containing proposals relating to a new structure to govern children under the age of 18 years who are accused of having committed offences was published for general information and comment during November 1998.
The proposed system further aims to encourage a degree of specialization in child justice practice. In so doing, the Commission is giving effect to a long-standing call from service providers and non-governmental organisations for a distinct and unique system of criminal justice that treats children differently, in a manner appropriate to their age and maturity, and which develops mechanisms and processes designed to achieve that goal. For instance, a specialised child justice court at the district court level, with increased sentencing jurisdiction so as to draw a wider range of cases within its ambit is proposed. Further, specialization in relation to the role of the probation officer builds on practical developments in the field of child justice since 1994. It has become increasingly clear that probation officers will be pivotal to the future child justice system, and this notion accords with views expressed by policy-makers as well as with the views of probation workers concerning their own conceptualisation of their duties in a future child justice system.
Some degree of specialization is also proposed in the area of legal representation (through a system of registration), as advocacy for children entails a heightened responsibility and commitment to serve the best interests of children, as well as an ability to communicate in a manner that a child can understand.
The proposed child justice system hinges on a new process which aims to address effectively the problems that have been experienced in the administration of child justice, particularly in relation to diversion and pre-trial release of children from custody. This is the insertion of the proposed preliminary inquiry as a compulsory pre-trial procedure presided over by a magistrate at district court level. The preliminary inquiry provides a formal step, prior to charge and plea, to maximize the use of diversion and to provide safeguards regarding the use of pre-trial detention.
The draft Bill finally aims to extend the range of sentencing options available to the proposed specialized child justice court and to other courts in which child offenders are tried, and to create mechanisms to ensure the effective monitoring of the legislation, both at district and national level.
The closing date for comments on the discussion paper is 31 March 1999. A draft report will be developed during the course of 1999.
The drafting of legislation to combat the sexual exploitation and abuse of children was another priority identified in the National Plan of Action for Children. The Minister of Justice accordingly requested the Commission to include an investigation into sexual offences by and against children in its law reform programme. A project committee was appointed on 4 December 1996. The names of the members appointed to the project committee appear in Annexure B.
An issue paper was published in May 1997 for general information and comment. The closing date for comment was 30 September 1997. The issue paper provided a comprehensive overview of the common law relating to sexual offences against children; legislation relating to the sexual abuse of children, including child pornography and child prostitution; the customary law; and aspects of the process and procedural law affecting children as victims of sexual abuse. The latter includes disclosure, reporting and registration of child sexual abuse, investigation procedures, the court process, children giving evidence, making it easier for children to give evidence in court, the treatment of victims and offenders, and sentencing options for the sexual offender. The issue paper did not deal with sexual offences by children so as to avoid overlap with the investigation into juvenile justice (Project 106).
With the financial assistance of Rädda Barnen (SA), several workshops on the issue paper were held throughout the country by members of the project committee during 1997.
From the investigation and comments received on the issue paper it is clear that a variety of problems such as the cautionary rule and the definition of rape cannot be satisfactorily addressed within the ambit of "sexual offences against children" since these problems are not confined to cases where children are the victims of sexual offences. The Justice Portfolio Committee also expressed the view that the Department of Justice should consider research to regulate all aspects of sexual offences. The Deputy Minister of Justice presented broad terms of reference for consideration. On 18 May 1998 the Minister approved that the terms of reference of the investigation be extended to "sexual offences".
A discussion paper with draft legislation will be published during 1999.
This investigation is aimed at addressing problems experienced in the field of criminal law and criminal procedure with respect to the investigation and prosecution of computer related crime. These problems stem mainly from the intangible nature of information stored on or used by computers. Current statutory and common law offences are not wide enough to include many of the offensive activities carried out in respect of computers. Furthermore, procedures for the gathering and presentation of evidence were not designed to function in a computerised society.
A project committee for this investigation was appointed during September 1997. The names of the project committee members are reflected in Annexure B.
Offences committed by means of the Internet.
Because of the wide scope of the investigation an incremental approach will be followed. The first issue paper on options for reform in respect of unauthorised access to computers, unauthorised modification of computer data and software applications and related procedural aspects was published during August 1998. The closing date for comments was 26 October 1998.
A discussion paper will be published during the first half of 1999.
The Department of Home Affairs approached the Commission during 1996 with a request to investigate and recommend legislation relating to a new marriage dispensation for South Africa. The Minister approved the inclusion of the investigation in the Commission's programme on 27 January 1997. The investigation focuses mainly on whether the provisions contained in the Marriage Act are adequate or whether they should be amended. The Marriage Act presently governs certain aspects of contracting marriages in South Africa.
sets out the formalities that must be followed in order to contract a valid marriage, including the requirements that the parties appear in person with witnesses, that the marriage be solemnised by a marriage officer according to a certain formula in a public building within certain times of the day, and that the parties sign a marriage register.
The Commission invited comments from all parties who have an interest in the topic concerned or may be affected by the type of measures set out in the Marriage Act. The closing date for comments was 20 February 1998. Based on the outcome of these comments a discussion paper setting out the issues and containing preliminary recommendations and draft legislation is being prepared and will be published for general information and comment during the first half of 1999.
One of the recommendations of the conference entitled "Towards redrafting the Child Care Act" hosted by the Community Law Centre (University of the Western Cape) and the Portfolio Committee on Welfare and Population Development held in Gordon's Bay from 26 to 28 September 1996 was that the Commission be requested to include the review of child care legislation in its programme in order to develop comprehensive draft legislation as a matter of urgency.
Following the conference and on representations from the Minister of Welfare and Population Development, the Minister requested the Commission to include an investigation into the review of the Child Care Act, 1983 in the Commission's programme. The Commission decided at its meeting held on 4 April 1997 to include the investigation in the Commission's programme and to appoint a project committee. The names of the members of the project committee are reflected in Annexure B.
In scope, the investigation goes beyond the review of the present Child Care Act, 1983 and includes a comprehensive review and redraft of all child care legislation.
An issue paper was published in May 1998 for general information and comment. The closing date for comment was 31 July 1998. The scope of the issue paper was extremely wide, including a review of the common law rules and a variety of statutes affecting children, as well as a discussion of the position of children under customary law and various religious laws. The issue paper also focussed attention on the law as it relates to the many marginalised children in South Africa society: street children, children infected and affected by HIV/AIDS, children with disabilities, children in residential care, to mention but a few examples.
With the financial assistance of the Department for International Development in Southern Africa, Rädda Barnen (SA), the Carl & Emily Fuchs Foundation, and UNICEF, 19 workshops and several dedicated briefings on the issue paper were held throughout the country by members of the project committee. Active steps were taken to involve people with disabilities in the consultation process and sign language interpreters were used at several of the workshops. Details are contained in Chapter 6.
To enable the project committee to proceed to a discussion paper with draft legislation, the members of the project committee and contract researchers are preparing consultation papers on ten selected issues as background documents to stimulate debate with specific focus groups. This consultative research process will take place early in 1999 and will be followed by the preparation of a discussion paper and draft legislation later in the year. At the same time, it is envisaged that a children's participation process planned in conjunction with Save the Children (UK) and South African partner organisations will feed into the drafting process.
The Divorce Amendment Act 7 of 1989 was the result of an investigation by the Commission into the possibility of a divorced woman sharing in the pension benefits of her former husband. After the commencement of the Amendment Act, several representations were, however, made to the Department of Justice regarding alleged obscurities and anomalies in the Act. Despite the fact that a supplementary report by the Commission on the division of pension benefits dealing with the difficulties experienced in the application of the existing provisions was Tabled in Parliament on 12 October 1995, a former member of the Commission, Mr G G Smit, submitted a memorandum to the Minister on 7 November 1996 in which he pointed out that the whole system of the sharing of pension interests of spouses on divorce remained unsatisfactory. Several deficiencies were listed by Mr Smit which, in his view, were not adequately addressed by the Commission in the supplementary report.
The main cause of dissatisfaction is the manner in which the pension interest of a member of a pension fund is determined. The Commission's recommendation in this regard did not deal with marriages entered into between 1 November 1984 and the date of commencement of the proposed provision, where part of the pension interest may have accumulated before the date of the marriage. In addition to other deficiencies, Mr Smit also pointed out that an aspect which did not receive attention in the supplementary report was the division of pension interests on the dissolution of a marriage by death or, in the case of a marriage in community of property, where the court makes an order for "boedelscheiding" or, in the case of a marriage subject to the accrual system, where the court makes an order in terms of section 8 of the Matrimonial Property Act 88 of 1984.
The Minister endorsed the inclusion of the investigation in the Commission's programme on 17 June 1997. Mr Smit was contracted to assist the Commission in the investigation.
A discussion paper containing draft legislation was published for general information and comment on 6 May 1998. The closing date for comment was 31 July 1998.
Separate legislation should be enacted to regulate the sharing of retirement fund benefits between spouses on their divorce.
The spouse of a member of a retirement fund should on the divorce of the member and the said spouse acquire a right to share in the member's retirement fund benefits when they become payable.
A partner in a marriage relationship entered into in accordance with customary law or a recognised religion should for purposes of the proposed legislation be regarded as a spouse.
A non-member spouse's share of the retirement fund benefits should be paid direct from the member's fund by way of deferred retirement benefits. The rules operating in respect of the member's retirement fund benefits must, in so far as they can be applied, also be applicable to the non-member's share of the said benefits.
The formulae for determining the non-member spouse's share of the member's retirement fund benefits in respect of the various types of retirement schemes and the various categories of benefits should be clearly set out.
The division of retirement fund benefits on divorce should not be dependant upon the matrimonial property system which applies to the marriage of the spouse.
The proposed legislation should not have retrospective effect but spouses falling outside the ambit of the proposed legislation should be able to make the proposed legislation applicable to their marriage by agreement between them.
Comments received are being evaluated and a draft Bill was debated at a workshop. A draft report will be finalised early in 1999.
During November 1996 the Minister requested the Commission to consider a proposal by Judge H C J Flemming regarding the adoption of legislation authorising video conferences in court.
In brief, video conferences enable the "live" participation in court proceedings of a person in his or her physical absence. In Judge Flemming's view legislation is urgently required in the interests of access to the law and improvement of the operation of the courts since video conferences have the potential to reduce costs in, for example, cases involving witnesses having to travel from distant places or even residing in foreign countries. In certain instances inspections in loco could also be eliminated.
A letter by Mr D Dalling MP, directed to the Minister and dealing with electronic trials, was also referred to the Commission. Mr Dalling highlights the benefits that could be reaped in terms of savings and otherwise from adopting legislation authorising trials by telecommunication in respect of less serious offenses. Procedures abroad involve telecommunication between a presiding officer in a court room in the usual court buildings or in his or her office and the accused person in a court room in the place of detention. Telecommunication systems also provide for communication between public prosecutors and the legal representatives in the proceedings concerned. Mr Dalling argues that the major benefit of utilising this particular form of trial is that transportation costs are saved, procedures are speeded up and prisoners do not have to be transported from one venue to another in circumstances which are often a danger to security.
The Minister endorsed the inclusion of the investigation in the Commission's programme on 14 June 1997.
In view of several investigations with a higher priority and a lack of personnel due to vacancies, it was not possible to commence with research during the year under review. The investigation will commence early in 1999.
The background to this investigation is outlined in Chapter 3.
During October 1998 the Minister appointed a project committee on administrative law. The names of the members of the project committee are reflected in Annexure B.
It is envisaged that a discussion paper will be published for general information and comment during the first half of 1999.
It was decided that the research in respect of the investigation should be given out on contract due to a lack of available researchers. On 17 December 1998 the Minister approved the employment of a senior lecturer in law at the University of Natal to assist the Commission in the relevant research.
The investigation will commence early in 1999.
Research has commenced and a discussion paper will be published for general information and comment during the first half of 1999.
Research has commenced and it is envisaged that an issue paper will be published during the first half of 1999.
It was decided that the research in respect of the investigation should be given out on contract due to a lack of available researchers. On 14 December 1998 the Minister approved the employment of a member of the Cape Bar to assist the Commission in the relevant research.
For the efficient performance of its functions, the Commission depends on the co-operation of institutions and persons that have an interest in its investigations. In order to ensure the best possible involvement of interested parties, therefore, it is the Commission's policy to inform the public as far as possible of new investigations undertaken and of discussion papers published for general information and comment. Issue papers and discussion papers of the Commission are released by way of press statements so as to ensure good coverage. However, the Commission also submits issue papers and discussion papers of its own accord to institutions that have an interest in the investigation concerned. The reaction to these documents is an indispensable link in the process of law reform and it plays an important role in the eventual recommendations made by the Commission in its reports.
The Commission publishes a quarterly Bulletin. The aim of the Bulletin is to inform people about the work of the Commission. The Bulletin contains information on the activities of the Commission, an update on current projects and items on new and completed investigations.
To promote the image of the Commission as a community-orientated organisation, a brochure introducing the Commission was published and distributed in all official languages.
The good relations that the Commission maintains with foreign law reform bodies makes the exchange of working papers, reports and other information possible. In this way valuable information is exchanged that facilitates and expedites comparative law research. It is significant how various legal systems are often faced with similar problems. The exchange of documents enables the Commission to evaluate ways of thinking elsewhere in the world. The Commission was privileged to receive a delegation from the Law Reform and Development Commission of Namibia on 27 October 1998. Closer links were forged between the Commissions. There was an extremely useful exchange of ideas and the delegation was particularly interested in the working methods of the Commission and the structure of its Secretariat.
The chairperson of the project committee on sexual offences against children, Ms J Van Niekerk, also had the opportunity to visit the New Zealand Law Commission and the Malaysian Commissioner of Law Revision. The discussions she had on the various approaches and changes to child abuse legislation have been of great value to the project committee.
The Commission maintains good relations with the electronic and the printed media. Information that, in the Commission's opinion, is newsworthy is supplied to the media and enquiries are replied to fully and promptly. The Commission wishes to express its gratitude for the interest displayed by the media in investigations conducted by the Commission.
During the year under review the Commission hosted two media conferences in Cape Town and one in Pretoria. The assistant secretary was interviewed on radio after the media conference hosted in Pretoria.
The full-time member also participated in a number of the legal fora and workshops on community courts (see below).
The full-time member and the Secretary deal with enquiries on the work of the Commission virtually on a daily basis. These include enquiries from the media, the professions, the universities, NGOs and members of the public.
The Commission's doors are open to visitors who wish to obtain information concerning its activities or who wish to discuss matters that are of interest to the Commission. During the year, the Commission played host to numerous visitors from different countries. The majority of visitors were interested in the changes taking place in South Africa and the role of the Commission in this process.
In some instances researchers of the Commission and project committee members are invited by Government Departments, non-governmental organisations and other institutions to attend seminars or conferences and to participate in workshops relating to investigations on the Commission's programme. This inter-sectoral approach facilitates co-operation between the Commission and other role players, serves to publicise the Commission's activities and ensures that duplication of initiatives is avoided.
Researcher and project committee members participated in the Child Labour Intersectoral Group child labour enforcement policy workshop, Roodepoort, 12-13 October 1998.
Researcher and project committee members participated in the international conference on "Children's Rights in a Transitional Society", Centre for Child Law, Pretoria, 30 October 1998.
Project committee members briefed Portfolio Committees on Welfare and Population Development and on Justice, 25 May 1998.
Researcher attended SADC conference on the prevention of violence against women, 5-8 March 1998.
Researcher participated in Natal Women's Resource Centre workshop on gender policy considerations, 30 April 1998.
Researcher participated in Justice Portfolio Committee public hearings 17-18 August 1998.
Researcher assisted Justice Portfolio Committee in finalisation of Domestic Violence Bill, 10-18 September 1998.
Researcher briefed Justice Portfolio Committee on 22 July 1998 and NCOP Select Committee on Justice on 9 September 1998.
Researcher was one of the speakers at the Provincial Crime Summit on Alternative Justice, 28 July 1998.
Researcher attended launch of Technikon SA's Institute of Human Rights & Criminal Justice Studies, 11 August 1998.
Researcher attended the International Conference on Crime Prevention Partnerships to Build Community Safety, Johannesburg, 29 October 1998.
Researcher participated in a workshop on community courts, Mamelodi Vista Campus, 30 October 1998.
An internet site has been administered for the Commission free of charge by the Wits Law School since March 1997. A copy of the Commission's home page and the index page for issue papers are attached in order to illustrate the appearance of pages on the site.
Any person with access to the internet can subscribe to a free notification service. Subscribers are informed of the publication of new documents on the site. At the end of November 1997 there were approximately 100 subscribers with new subscriptions being received all the time.
During the year under review a substantial number of persons and institutions responded to specific or general invitations by the Commission to comment on particular issues or to assist it with its activities in some respect or other. The contributions and comments received by the Commission in respect of its issue and discussion papers are indispensable links in the process of law reform. It is impossible, within the scope of this report, to mention all contributors. However, the Commission expresses its sincere thanks to all concerned - without their goodwill and assistance it would not be able to perform its duty satisfactorily.
During the year under review the Commission hosted a number of workshops in respect of its investigations into the review of the Child Care Act, community courts and the recognition of customary marriages. The particulars of the workshops appear in Chapter 6. The Commission extends its appreciation to all who participated and favoured the Commission with their inputs.
The Commission would also like to thank the Government Printer and staff who are responsible for the printing of the Commission's reports for their professional supporting service.
In conclusion, the Commission wishes to thank the Minister and Deputy Minister of Justice for their personal interest in and support of the Commission's work. The Department of Justice is thanked for its co-operation and goodwill.
(Chairpersons of committees are marked with an asterisk.
(Current investigations marked with an asterisk, see Chapter 5.
(In order to actively involve the community at an earlier stage, the Commission decided to publish issue pa-pers in appropriate investigations as the first step in the consultation process. The purpose of an issue paper is to announce an investigation, to elucidate the aim and extent of the investigation, to point to possible op-tions available for solving existing problems and to initiate and stimulate debate on identified issues.
<fn>GOV-ZA.1998crossbannexbEn.2012-02-10.en.txt</fn>
The following publications relate to, and are produced by Council's administrative structures.
14 July 2011 11 January 2011 0.
MEMBERSHIP LIST FOR COUNCIL AND COMMITTEES - JUNE 2011 0.
06 June 2011 0.
SYSTEM OF DELEGATIONS - CITY MANAGER'S SUB DELEGATIONS 26 MAY 2010.
24 June 2011 0.
The Department of Defence celebrated National Women's Day two days earlier this year in the company of South Africa's first lady, Mrs Zanele Mbeki. The Deputy Minister pointed out that although transformation has not yet reached its aspired target within the DoD, gender sensitivity training has been introduced at different levels in an attempt to eradicate patriarchy in the SANDF. Women are still under-represented in crucial decision-making processes of the Department.
URL: http://www.info.gov.za/speeches/2003/03081112461007.
The Minister of Communications will on 9 August 2003, National Women's Day, address the South African Women at the WSIS Forum, organised by the Presidential National Commission on Information Society and Development (PNC on ISAD). The Forum, which started yesterday, will act as build-up to the coming World Summit on Information Society (WSIS) to be held in Geneva, Switzerland, at the end of the year.
This historic Summit brings together representatives of the people of the North West, both men and women, to pursue a common objective of promoting women empowerment and gender equality. More specifically, we must accelerate the implementation of the National Framework for Women Empowerment and Gender Equality.
In addition, about 25% of senior management posts (Director to Director-General level) in the North West Provincial Government are occupied by women. "It implies gender equality, affirmation of women, and greater participation by women in all spheres of life. Women now have access to housing and essential services such as water and electricity", adding that access to education, welfare and quality healthcare by women is a living reality for many women in the province.
URL: http://www.info.gov.za/speeches/2003/03080715461001.
The Minister for Community Safety in the Western Cape, Leonard Ramatlakane, together with Ms Sue Van der Merwe from the Office of the President; and on behalf of the First Lady of the Republic of South Africa, Mrs. Zanele Mbeki, will meet and address the communities of Bonteheuwel, Ravensmead and Bishop Lavis, specifically Women Victims of Violence and Crime on the Cape Flats.
The Gauteng Government is hosting the provincial celebrations of the national Women's Day under the theme "Celebrating Women's Achievements and Rolling Back the Frontiers of Poverty". Saluting women in the public health sector Dr Laetitia Rispel, the Head of Gauteng Health Department, said: "We would like to take this opportunity to pay special tribute to the women working in the Gauteng Department of Health.
URL: http://www.info.gov.za/speeches/2003/03080810461003.
When women from all corners of the country celebrate the National Women's Day, 9 August, women of Limpopo will not remain behind. They will join The Premier, Honourable Adv Ngoako Ramatlhodi, in celebrating the progress Government made in the advancement women lives. The following examples of women successfully leading big sectors make it wise for people of Limpopo to celebrate the Government progress.
URL: http://www.info.gov.za/speeches/2003/03080709461005.
<fn>GOV-ZA.1998gn903ha22nov2002finalEn.2012-02-10.en.txt</fn>
I, Abdulah Mohamed Omar, Minister of Justice, hereby, under section 6 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963), designate the holders of the offices listed in the Schedule to be commissioners of oaths for the Republic of South Africa with effect from the date hereof.
The President or the Acting President.
Minister or Deputy Minister appointed in terms of sections 91(2) and 93, respectively, of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996).
Advocate admitted in terms of the Admission of Advocates Act, 1964 (Act No. 74 of 1964); Admission of Advocates Act, 1964 (Act No. 74 of 1964) as applicable on 6 December 1977 (former Republic of Bophuthatswana); and the Admission of Advocates Amendment Proclamation No. 1 of 1992 (former Republic of Venda).
Attorney admitted in terms of the Attorneys Act, 1979 (Act No. 53 of 1979); Attorneys, Notaries and Conveyancers Act, 1984 (Act No. 29 of 1984) (former Republic of Bophuthatswana); Attorneys Act, 1987 (Act No. 42 of 1987) (former Republic of Venda); and Attorneys, Notaries and Conveyancers Admission Act, 1934 (Act No. 23 of 1934) (former Republic of Transkei).
Clerk of the Court and Assistant Clerk of the Court.
Justice of the Peace.
Messenger of the Court.
Notary admitted in terms of the Attorneys Act, 1979 (Act No. 53 of 1979); Attorneys, Notaries and Conveyancers Act, 1984 (Act No. 29 of 1984) (former Republic of Bophuthatswana); and Attorneys Act, 1987 (Act No. 42 of 1987) (former Republic of Venda).
Sheriff, Additional Sheriff and Deputy Sheriff.
Sworn translator admitted and enrolled in terms of rule 59 of the Rules of the Supreme Court of South Africa; Supreme Court of Bophuthatswana Act, 1982 (Act No. 32 of 1982) (former Republic of Bophuthatswana); and Supreme Court Decree No. 43 of 1990 (former Republic of Ciskei).
Agent registered in terms of regulation 18(5) of the Aliens Control Regulations promulgated in terms of section 56(1) of the Aliens Control Act, 1991 (Act No. 96 of 1991); and Aliens Control Act, 1963 (Act No. 3 of 1963) (former Republic of Venda).
President, Vice-President, Director: Human Resources and Administration, Director of Institute, Personnel Manager, Finance Manager, Head: Administration of Institute, Personnel Officer, Accountant, Farm Manager.
President, Director, Chairperson, Senior General Manager, General Manager, General Manager: Corporate Services, Deputy General Manager, Assistant General Manager, Regional Manager, Manager, Administrative and Financial Manager, Manager: Administration, Assistant Manager, Chief: Legal Services, Chief Executive Officer, Executive Officer, Deputy Executive Officer, Chief Administrative Officer, Senior Administrative Officer, Administrative Officer, Chief Actuary, Chief Production Marketing Officer, Registrar, Member, Secretary, Chief Accountant, Assistant Chief Accountant, Senior Accountant, Accountant, Inspector, Head of Department, Committee Clerk, officials with the rank of Divisional Manager and higher.
Any local authority as defined in section 1 of the Local Government Transition Act, 1993 (Act No. 209 of 1993); and Remuneration of Town Clerks Act, 1984 (Act No.
in the employment of a local authority occupying a post in respect of which the minimum salary notch is equivalent to or higher than the maximum salary payable to an official mentioned in subitem (i) in terms of section 12(1)(a)(ii) of the above-mentioned Act or in terms of any other Act.
Manager or Superintendent of an emergency camp established by a local authority in terms of any law relating to the prevention of illegal squatting.
Officer appointed or designated in terms of any law for the management of a residential area or hostel.
Executive General Manager, Senior General Manager, General Manager, Group Manager, Divisional Manager and Manager.
Legal Adviser, Legal Assistant and Commercial Adviser.
Head: Physical, Personnel, Information, Intelligence and Project Security, Head: Security Operations and any other security officer of equal or higher rank.
Director: Personnel, Head: Personnel Administration and any other personnel officer of equal or higher rank.
Director: Public Relations.
Any Audit Manager and any other staff member of equivalent or higher rank exercising the powers or performing the duties contemplated in the Auditor-General Act, 1995 (Act No. 12 of 1995).
Any person in the employment of the Office of the Auditor-General who occupies a post of Audit Manager or equivalent or higher to perform the duties contemplated in the Audit Arrangements Act, 1992 (Act No. 122 of 1992).
Chief Manager: Human Resources at Head Office.
Administrative Manager at Head Office.
Banking institution registered in terms of the Banks Act, 1990 (Act No. 94 of 1990); Banks Act, 1985 (Act No. 23 of 1985) (former Republic of Bophuthatswana); and Banks Act, 1965 (Act No. 23 of 1965) (former Republic of Venda).
Director, Chief Executive Officer, Chief General Manager, Chief or General Manager, Assistant Chief or Assistant General Manager, Chief Inspector, Departmental Head: Inspection Department, Assistant of the Chief or General Manager, Legal Adviser, Chief Accountant, Secretary and any other official of equivalent or higher rank, Controller.
Manager, Assistant Manager, Sub-Manager, Regional Manager, Senior Chief Assistant, Chief Assistant, Regional Controller, Deputy Manager, Credit Manager, Administrative Controller, Accountant, Senior Inspector, Secretary and any other official of equivalent or higher rank.
Manager, Assistant Manager, Sub-Manager, Chief Trust Officer, Chief Assistant, any officer whose title contains the word "Manager", Accountant, Administrative Manager, Office Manager, Secretary and any other official of equivalent or higher rank.
Security Manager, Security Supervisor and Investigator.
Board of Executors as defined in regulation 1 of the regulations published by Government Notice R.
Manager or Branch Manager, Secretary and Branch Secretary.
Building Society registered in terms of the Building Societies Act, 1986 (Act No.
Senior Managing Director, Managing Director, Deputy Managing Director, Administrative Director, Financial Director, Chief Executive Officer, General Manager, Deputy or Assistant General Manager, Manager, Assistant Manager, Sub-Manager, Chief Accountant and Secretary.
Manager, Assistant Manager, Sub-Manager and Accountant.
Census and statistics: Taking and collection thereof in terms of the Statistics Act, 1976 (Act No. 66 of 1976); Statistics Act, 1978 (Act No. 28 of 1978) (former Republic of Bophuthatswana); and Statistics Act, 1957 (Act No.
All officers and employees exercising any powers or performing any duties contemplated in the said Acts.
Chambers of industries and of commerce, national organisations /associations registered in terms of section 21 of the Companies Act, 1973 (Act No. 61 of 1973), and trade unions and employers' organisations or federations of such trade unions or employers' organisations registered in terms of the Labour Relations Act, 1995 (Act No.
Chief Executive Officer/ Executive Director/ Director, Secretary or any official performing the duties normally performed by a secretary, Accountant/ Financial Manager and Legal and/or Labour Affairs/ Manpower Adviser/ Secretary/ Director.
Co-operative registered or deemed to be registered in terms of the Co-operatives Act, 1981 (Act No.
Chief Executive Officer, General Manager and Secretary.
Branch Manager and Depot Manager.
Council for Mineral Technology established in terms of the Mineral Technology Act, 1989 (Act No.
Director, Assistant Director, Manager, Legal Adviser, Section Head and any official of a higher rank, Senior Security Officer and Research Administration Officer.
Director, Head and General Manager, Legal Adviser, Senior Security Officer and any official of a higher rank, Personnel Manager, Financial Manager, Senior Personnel Officer, Programme Manager and Function Manager.
All correctional officials in the service of the Department of Correctional Services.
Manager: Programmes and Projects, Manager: Programmes, Manager: Economic Analysis and Projections, Manager: Manpower and Training, Personnel Manager, Secretary/ Legal Adviser and Chief: Legal Services.
Chief Inspector, Inspector, Chief Constable, Deputy Chief Constable, Sergeant and Constable.
Principal or Headmaster/ Headmistress.
Principal, Headmaster/Headmistress, Rector, Deputy Principal, Deputy Headmaster/Headmistress and Vice-Rector.
Incumbent of a post at post level 4 and higher.
Security Member with the rank of Senior Inspector or higher.
Legal Adviser (all ranks).
Internal Auditor (all ranks).
Official with the rank of Chief Officer or higher.
Township, other residential area or hostel.
Manager, Assistant Manager and Chief Trust Officer.
President, Vice-President, Director of division or of national research facility, Financial Manager, Group Accountant, Account, Personnel Manager, Senior Personnel Officer, Programme Manager and Manager of a department.
Regional Security Officer, Crime Investigating Officer, all Security Officers.
District Surgeon, Additional District Surgeon and Assistant District Surgeon.
Matron, Medical Superintendent, Secretary and Sister.
Any officer whose title contains the word "Manager", a Superintendent and a Matron.
Member appointed in terms of section 3 of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996).
Industrial Development Corporation of South Africa Limited, established by section 2 of the Industrial Development Act, 1940 (Act No.
General Manager, Deputy General Manager, Secretary and Chief: Legal Department.
Insurer registered in terms of the Insurance Act, 1943 (Act No.
Any Assistant Manager and any other official of equivalent or higher rank, Accountant, Legal Adviser and Secretary.
Any Assistant Manager, Consultant and official of equivalent or higher rank, Office Manager, Production Manager and Legal Adviser.
Chief Manager, Deputy Chief Manager, Manager: Legal Services, Manager: Investments, Manager: Finance Manager: Properties, Manager: Corporate Services, Manager: Communication and Marketing, Vice-Accountant: Contributions, Vice-Accountant: Pensions, Liaison Officer.
Sales and Marketing Manager.
Branch Manager in a post with a grading of C1 or higher.
Manager, Section Head and any official in a post with a grading of C1 or higher.
Managing Director, Member of the Land Bank Board, General Manager and an official who is utilised in an administrative capacity.
Marriage Officer appointed in terms of the Marriage Act, 1961 (Act No. 25 of 1961); the Marriages, Births and Deaths Amendment Act, 1986 (Act No. 41 of 1986) (former Republic of Venda); the Marriage Act, 1988 (Act No. 24 of 1988) (former Republic of Ciskei); and Marriage Act, 1978 (Act No. 21 of 1978) (former Republic of Transkei).
Administrative Manager, Financial Manager, Administrative Secretary, Mine Secretary, Controller (Finance and Administration), Chief Superintendent (Security), Superintendent (Security), Mine Security Officer and Mine Detective.
Member (with the rank of inspector) of an auxiliary service established and designated in terms of section 80 of the Defence Act, 1957 (Act No. 44 of 1957).
Officer of and above the rank of Captain and Adjutant of Unit.
Officer of or above the rank of Captain and Adjutant of Unit.
Officer and any other rank as defined in section 1(1) of the Defence Act, 1957.
National Key Points declared in terms of the National Key Points Act, 1980 (Act No.
Chief Security Officer and Deputy Chief Security Officer.
Principal, Vice-Principal and Chief Training Officer of a training institution which has been approved by the Minister of Defence by virtue of section 11 of the Act.
Chief Security Officer, Senior and Shift Control Officers of Security.
National Training Board established by section 3 of the Manpower Training Act, 1981 (Act No.
Chairperson and Vice-Chairperson.
Chief Security Officer or acting Chief Security Officer.
Chief Security Officer, Deputy Chief Security Officer, Senior Security Officer.
Chief: Public Relations.
Chief Medical Officer.
Manager and Assistant Manager: Administration.
Any officer whose title contains the word "Manager", Assistant Manager, Director, Matron, Administrative Officer, Social Worker, Administrator.
Organiser in the full-time employment of a political party.
Officers in the Administrative, Professional, Clerical, Technical or General A and General B Divisions occupying a post with a salary scale the minimum notch of which is equivalent to or higher than the minimum notch of the salary scale applicable to the post of Clerk.
Employees held against posts in the Administrative, Professional, Clerical, Technical or General A and General B Divisions if the minimum notch of the salary scale applicable to such posts is equivalent to or higher than the minimum notch of the salary scale applicable to the post of Clerk.
Premier or Acting Premier.
Officers in the Administrative, Professional, Clerical, Technical or General A and General B Divisions of the Public Service occupying a post with a salary scale the minimum notch of which is equivalent to or higher than the minimum notch of salary level 2 applicable in the Public Service.
Employees held against posts in the Administrative, Professional, Clerical, Technical or General A and General B Divisions of the Public Service if the minimum notch of the salary scale applicable to such posts is equivalent to or higher than the minimum notch of salary level 2 applicable in the Public Service.
General Manager, Corporate Services, Legal Services Manager, Legal Adviser/Assistant (all ranks), General Manager, Departmental Manager, Pumping Station Manager and Distribution Manager.
Referendum agent appointed in terms of regulations made in terms of section 4 of the Referendums Act, 1983 (Act No. 108 of 1983).
Sub-agent appointed in terms of regulations made in terms of section 4 of the Referendums Act, 1983.
A person contemplated in section 4 of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992), who has been authorised to perform the duty of registering deaths.
Chief Security Officer, acting Chief of the Alrode Depot and Export Manager.
Managing Director, Senior General Manager or other official of equal rank, General Manager or other official of equal rank, Group Secretary, Regional Secretary or other official of equal rank, Legal Adviser and other official of equal rank.
Security Adviser, Chief Security Officer and his or her assistant, and Senior Security Officer.
South African Development Trust Corporation Limited referred to in section 12 of the Abolition of Racially Based Land Measures Act, 1991 (Act No.
Managing Director, General Manager: Finance and Transport, General Manager: Agriculture, General Manager: Mining, General Manager: Industrial Development and Commerce, Senior Manager: Legal and Managerial Services, Senior Manager: Human Resources Development, Manager: Legal and Secretarial Services, Chief: Security Services.
Managing Director, General Manager, Assistant General Manager, Senior Manager and Quality Assurance Assistant.
All members of the Force, including temporary members, members of the Reserve Police Force and members of the Police Reserve when on duty as such.
Permanent employees who render a service in a clerical capacity and who occupy posts with a salary scale the minimum notch of which is equivalent to or higher than the minimum notch of the salary scale applicable to the post of Administrative Officer.
Temporary or part-time employees held against posts in the Clerical Division, if the minimum notch of the salary scale applicable to such posts is equivalent to or higher than the minimum notch of the salary scale applicable to the post of Administrative Officer.
South African Reserve Bank established by section 9 of the Currency and Banking Act, 1920 (Act No.
Governor, Senior Deputy Governor, Deputy Governor, General Manager, Deputy General Manager, Assistant General Manager and Branch Manager.
An employee of the South African Revenue Service occupying a post of salary level 8 or higher of the salary grading system applicable to the South African Revenue Service.
Staff Management Board, established in terms of section 4 of the Post Office Service Act, 1974 (Act No.
Surveyor, land surveyor and survey technician registered in terms of the Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984).
Rector, Vice-Rector, Registrar, Deputy Registrar, Senior Director, Director, Associate Director, Head of Department, Section Head in a supervisory capacity.
Employees occupying posts with a salary scale the minimum notch of which is equivalent to or higher than the minimum notch of the salary scale applicable to the post of Administrative Officer (Leg 1).
Members of the Management Cadre, Senior Officers, Liaison Officer (Labour Relations), Employment and Registration Officer, Vocational and Welfare Officer, Assistant Superintendent (concerned with claims investigations) and Chief Clerk (concerned with claims investigations).
Supervisory Officer (including a clerk who exercises direct control over other employees).
Trust Company as defined in regulation 1 of the regulations published by Government Notice No. R.
Manager, Branch Manager, Secretary and Branch Secretary.
Rector, Vice-Rector, Chancellor, Vice-Chancellor, Deputy Vice-Chancellor, Principal, Vice-Principal, Registrar, Deputy Registrar, Assistant Registrar, Chief Accountant, Director, Deputy Director, Accountant, Faculty Secretary and officers in the administration of a university occupying a post with a salary scale the minimum notch of which is equivalent to or higher than the minimum notch of the salary scale applicable to the post of Assistant Personnel Officer in the Public Service.
<fn>GOV-ZA.1998pr100ip5En.2012-02-10.en.txt</fn>
The South African Law Commission was established by the South African Law Commission Act, 1973 (Act 19 of 1973).
This document is available on the Internet under "The South African Law Commission" at http://www.law.wits.ac.
This issue paper (which reflects information gathered up to the end of January 1997), was prepared to elicit responses and to serve as a basis for the Commission's deliberations, taking into account any responses received. The views, conclusions and recommendations contained herein should not, at this stage, be regarded as the Commission's final views. The paper is published in full so as to provide persons and bodies wishing to comment or make suggestions for the reform of this particular branch of the law with sufficient background information to enable them to place focussed submissions before the Commission.
The Commission will assume that respondents agree to the Commission's quoting from or referring to comments and attributing comments to respondents, unless representations are marked confidential. Respondents should be aware that the Commission may in any event be required to release information contained in representations under the Constitution of the Republic of South Africa, Act 108 of 1996.
Respondents are requested to submit written comments, representations or requests to the Commission by 30 May 1997 at the address appearing on the previous page. The researcher will endeavour to assist you with particular difficulties you may have. Comment already forwarded to the Commission should not be repeated; in such event respondents should merely indicate that they abide by their previous comment, if this is the position.
The researcher allocated to this project, who may be contacted for further information, is Pieter Smit. The project leader responsible for this project is Ms Zubeda Seedat.
1.1 The maintenance system in South Africa rests upon two legs. On the one hand there is the judicial maintenance system which is based on the legal duty to support one's dependents. On the other hand there is the State Maintenance Grant which is meant to act as a safeguard by providing support where the procedures of the judicial maintenance system fails to do so. In August 1996 the Lund Committee on Child and Family Support (henceforth "the Lund Committee") completed its report dealing with various issues concerning the maintenance system in South Africa. In this report the Lund Committee identified several areas where the law of maintenance and its administration is in need of reform.{ 1} Apart from this the Lund Committee also made recommendations with regard to the replacement of the State Maintenance Grant with a flat-rate child support benefit and the continuation of certain other welfare grants.
1.2 The areas of concern with regard to the law of maintenance were brought to the attention of the Minister of Justice following a workshop organised by the Lund Committee. This, coupled with the numerous representations by members of the public concerning maintenance related problems, prompted the Minister to request the Commission to investigate the Maintenance Act, 1963, and to recommend steps to ensure an effective maintenance system.
2.1 The duty of one person to support another exists at common law.{ 3} This duty arises whenever the relationship between the parties is such as to create such a duty between them.{ 4} The relationships which give rise to a duty of support by operation of law are that of husband and wife, parent and child, grandparents and grandchildren and brothers and sisters.{ 5} The common law duty of support is further dependent on the fact that the person claiming support is unable to support himself or herself, and that the person from whom support is claimed is able to provide the required support.
2.2 The South African Law also contains statutory provisions with regard to maintenance. The main provision in this regard is the Maintenance Act, 1963, (Act 23 of 1963, henceforth "the Act"). The Act does not create a duty of support. Instead it endeavours to create a speedy procedure to ensure fulfilment of a legal duty to maintain another without causing costs to the person making use of this procedure.{ 7} The measures employed by the Act to accomplish this are both civil and criminal in nature.
2.3 The Act constitutes every magistrate's court as a maintenance court in its area of jurisdiction.{ 8} The Act further provides for the appointment by the Minister of Justice (henceforth "the Minister") of "maintenance officers". Apart from this every public prosecutor shall be deemed to be a maintenance officer.{ 9} The task of the maintenance officer is to investigate a complaint on oath that a person legally liable to maintain another fails to do so, or that sufficient cause exists for the substitution or discharge of a maintenance order.{ 10} After the investigation the maintenance officer may institute an inquiry in a maintenance court and must assist with the conduct of such an inquiry.{ 11} According to Spiro the maintenance officer does not have a discretion to decide whether to institute an inquiry or not and must do so whenever he or she receives a complaint.{ 12} In Buch v Buch{ 13} Claassen J held the contrary view in respect of an inquiry into the substitution of a maintenance order, stating that the maintenance officer may refuse to institute an inquiry if he or she is not satisfied that sufficient cause exists for the substitution of the order.
2.4 The purpose of the inquiry is to enable the maintenance court to crystallise a person's duty to maintain another person in the form of a maintenance order where no such order exists, or to substitute or discharge an existing order.{ 15} The orders the maintenance court may make may relate to the payment of sums of money towards the maintenance of the person requiring support, to the payment of money to the mother of a child requiring support, in respect of expenses associated with the birth of the child and of arrear maintenance and to the payment of money in respect of medical expenses of the person requiring support.
2.5 The nature of the enquiry is neither civil nor criminal and can best be described as inquisitorial.
Ordinarily under common law procedure the whole matter is left to the parties to call such evidence as they may decide, except that the court as upper guardian of minors would be entitled in the interests of such minors to call for further evidence. The court would then, at the conclusion of the case, be guided to a considerable extent by the consideration whether the plaintiff or applicant has proved his case on a balance of probabilities. The question of onus is then of great importance.
In my opinion the Act has introduced new concepts. It is no longer a party who is dominus litis and who launches the action or application..
"In view of these provisions it seems to me it is no longer correct to speak of an onus resting on a party in connection with proceedings before a maintenance court. The responsibility of placing evidence before the court no longer rests only on the parties concerned, but is shared by the maintenance officer and the presiding judicial officer. Thus even where the parties are legally represented the maintenance officer and the presiding officer may have to call relevant evidence not called by the legal representatives. Then at the conclusion of all the evidence the presiding officer will decide whether to make an order to pay maintenance or vary an existing order to pay maintenance. In doing so he will no doubt consider all the relevant factors. These I need not enlarge on here, but in general he will look after the interests of children and see that justice is done between the parties in accordance with their means and ability to pay.".
2.6 An order made by a maintenance court is enforced through the medium of the criminal law. The Act provides that a person who fails to make "any particular payment in accordance with a maintenance order" is guilty of an offence.{ 20} According to the decision in S v Miller{ 21} the words "maintenance order" in section 11(1) includes an agreement made an order of a court at divorce proceedings.{ 22} According to Spiro this does, however, not include maintenance that the court could not have ordered without the consent of the parties, ie a maintenance order that is based solely on a contractual duty of support.
2.7 The Act prescribes a penalty of a fine of R4000 or imprisonment for a period of one year for a failure to comply with a maintenance order.{ 24} Apart from the criminal penalty a court convicting the accused may also make certain other orders: The Court may, if it has civil jurisdiction, make an order for the recovery of the unpaid maintenance.{ 25} The court may furthermore authorise a warrant of execution against the movable and immovable property of the offender in order to satisfy such an order.{ 26} Any pension, annuity, gratuity or compassionate allowance is liable to be attached or subjected to such execution.{ 27} The court convicting the offender may also order that future maintenance payments will be made by the offender's employer from the remuneration due to the offender.
2.8 During the course of a prosecution in terms of section 11 of the Act the court may convert the proceedings into an enquiry in terms of section 5.{ 29} The court may do so if satisfied that it is desirable to hold such an inquiry and must do so if requested by the prosecutor.{ 30} No judgment is passed in respect of the charges against the accused and the court proceeds with the inquiry as discussed earlier.
2.9 At the practical level a number of problems arise with the administration of the system described above. Complaints range from the treatment, attitudes and facilities encountered at maintenance courts by persons wishing to lay complaints, to the seeming impunity with which persons manage to evade their legal duty to maintain their dependents, even where maintenance orders are in force. The underlying problem seems to be a social attitude that there is no responsibility upon persons to support their dependents, especially where children are brought up in single-parent households. The low measure of social disapproval with which a non-custodial parent's failure to support his or her children is met (especially if the non-custodial parent is the farther) is indicative of this attitude. This attitude has pervaded not only society in general but also the administration of the maintenance system. This has led the Lund Committee and other commentators to observe that it is widely acknowledged that the judicial maintenance system is in disarray.{ 32} The consequence of the failure of the judicial maintenance system to ensure that support is given to those who are entitled thereto, is that increasing numbers of people are turning to the State Maintenance Grant as their means of subsistence.{ 33} This places an unbearable strain on the welfare resources of South Africa.
3.1 The main problem of the ineffectiveness of the judicial maintenance system manifests itself in various forms. In this chapter some issues concerning these manifestations are identified. In the next chapter the options in respect of these issues are considered.
3.2 The perceived ineffectiveness of the judicial maintenance system has led some commentators to question the merits of its continued existence.{ 34} The first issue seems therefore to be whether judicial procedures should be continued to be relied upon as the vehicle for the implementation of the legal duty to support one's dependents.
3.3 The Act provides for the appointment of maintenance officers.{ 35} The Act further provides that any public prosecutor may be deemed to have been appointed as a maintenance officer.
"The maintenance officer is in an extremely powerful position within the maintenance system. In acting as facilitator of negotiations between the parties, he has considerable influence on decisions made - for example, the amount of maintenance to be awarded and whether a case should be referred to court."
3.4 In practice positions of maintenance officers are, nearly without exception, filled by public prosecutors and in the larger sentra those prosecutors will deal exclusively with maintenance matters.
An ex-magistrate with extensive experience in maintenance matters commented on some of the contradictions which emerge when issues like maintenance are dealt with by legal people through legal methods:...
Attorneys, prosecutors and magistrates alike, are of the belief that they are wasting their talents and time in the Maintenance Court It has been my experience that, as a result of the impression created by senior officials and possibly (albeit inadvertently) by the Department itself, that maintenance enquiries are not really difficult or important, few ambitious prosecutors or magistrates wish to be part of these proceedings Combine this with the prospect of the typical 'legal personality' being required to enter into a more personal and emotional field, and the result is that officials moreover have to be compelled to work at the Maintenance section - often to serve as a quid pro quo for some mistake they have made in another section.
3.5 The general shortage of resources and funds is probably the reason for the fact that prosecutorial staff is seen as a convenient source from which the maintenance courts can be staffed with maintenance officers. As was pointed out earlier a maintenance inquiry is not by nature a criminal matter.{ 38} It is therefore understandable that compelling public prosecutors to serve as maintenance officers can give rise to the belief referred to in the previous paragraph.
3.6 After receiving a complaint a maintenance officer must do an investigation of that complaint.{ 39} The Act does, however, not indicate the scope or aim of the investigation that the maintenance officer is required to do. It appears that maintenance officers do not follow a standardised procedure for this investigation and that practices vary considerably from one maintenance court to another.
3.7 Before the institution of the inquiry the parties are requested to attend a joint interview with the maintenance officer. The aim of this interview is to assist the parties in reaching an agreement as to the payment of maintenance by the respondent to the applicant without necessitating an inquiry by the maintenance court.{ 41} Where no agreement is reached, or the respondent does not attend the interview, an inquiry should be instituted in the maintenance court.{ 42} In the present circumstances it appears, however, that instances do occur where no inquiry is instituted in spite of the fact that no agreement was reached. Thus the Lund Committee recommends that maintenance officers should institute an inquiry in all cases where no agreement can be reached.
3.8 A court conducting a maintenance inquiry may make orders as to the payment of money towards the maintenance of a person, expenses in connection with the birth of a child and maintenance for the period since the birth up to the date of the order and future medical expenses of a person.{ 44} The Act does, however, not allow the court to make any ancillary orders to ensure compliance with these orders. This diminishes the efficacy of the maintenance order to the point where the making of the order, in many cases, simply becomes a prelude to the institution of criminal proceedings aimed at its enforcement.
3.9 The making of an order by the maintenance court requires that both parties are present at the inquiry. It is notoriously difficult to obtain the presence of a respondent at a maintenance inquiry. The problems vary between a low success rate in serving the summonses, to the respondents simply ignoring them when they are served.{ 45} If a respondent fails to adhere to a duly served summons a warrant for his or her arrest may be issued. The success rate of the execution of such warrants is, however, also very low.{ 46} It appears that the tracing and bringing to court of a respondent is one of the greatest stumbling blocks of the application of provisions of the Act.
3.10 Failure to comply with a maintenance order constitutes an offence.{ 47} In theory the threat of criminal sanction should have the effect of ensuring compliance with the provisions of a maintenance order. Thus Dowling J remarked in R v Becker{ 48} that "[f]ew men would elect to serve a prison sentence of hard labour rather than make payments under maintenance orders which are within their means".
3.11 The courts have, however, developed a tradition of routinely suspending sentences for the failure to comply with maintenance orders, whether the sentence is one of a fine or of a term of imprisonment.{ 50} The rationale behind this approach lies "the traditional injunction against killing the goose that lays the golden eggs".
3.12 The consequence of this approach is, however, that defaulters realise that the chances of them receiving anything else than a suspended sentence are very slim. This causes the criminal sanctions to loose their deterrent effect.{ 54} As a result the threat of criminal sanction has become a hollow one which undermines the potency of provisions to enforce maintenance orders.
3.13 Apart from the sentence which may be imposed upon conviction the court may also make certain other orders to ensure that the arrear maintenance is paid and that future maintenance payments will be made in accordance with the initial order. These orders may, however, only be made upon conviction for the offence of failure to comply with a maintenance order.
3.14 One such order is for the payment of arrears and interest. The court may, on the application of the public prosecutor, order the recovery from the offender of the amount that he or she failed to pay plus interest thereon.{ 56} The making of such an order is dependent, firstly on the conviction of the defaulter, and secondly on the application by the public prosecutor. The fact that the court may not automatically make this type of order places a restriction on its application. Thus the payment of interest on arrears is hardly ever ordered.
3.15 Coupled with an order for the recovery of arrears and interest the court may also authorise the issue of warrants of execution against the movable and immovable property of the offender in order to satisfy such order.{ 58} The issue of warrants of execution are therefore also dependent on the conviction of the offender and the application of the above-mentioned order by the public prosecutor. Situations may arise where the defaulter cannot be convicted of a contravention of section 11(1) of the Act in spite of the fact that it has been established that he or she did not comply with the maintenance order while being in a position to do so. In such cases payment of the arrears cannot be ordered and warrants of execution cannot be authorised.{ 59} The same applies where a prosecution for failure to comply with a maintenance order is transformed, before conviction of the defaulter, into an inquiry in terms of section 13 of the Act.
3.16 The effectiveness of a warrant of execution, especially in respect of immovable property, is illustrated by the circumstances encountered in Duncan v Duncan{ 60} where a woman obtained a warrant of execution against the house of her ex-husband in respect of arrear maintenance of R1 600,00. Faced with the prospect of loosing his house the ex-husband made an offer of paying the arrears from the proceeds of a sale of certain assets. Against the background of this offer he applied to the court for a stay of the execution of the warrant. This application was refused. One commentator quotes a number of cases where the maintenance court has authorised warrants of execution and suspended its operation in order to give the offender an opportunity to pay the arrears, or even just warned the offender that it is considering to do so. In all these cases the result was that the arrear maintenance had been paid.
3.17 This extremely powerful mechanism of the maintenance court looses some of its potency in that it may only be applied after the conviction of the defaulter.
3.18 Another order which may be made upon conviction for the failure to comply with a maintenance order is a so-called garnishee order. This authorises the payment of the maintenance from the respondent's earnings.{ 62} Garnishee orders appear to have a certain amount of success.{ 63} Three main issues, however, impact negatively on the effectiveness of garnishee orders: These orders are only applicable where the offender is employed and do not cater for self-employed persons.{ 64} Garnishee orders loose effectiveness if the offender changes employment in order to avoid the operation of the order, or looses his or her work as a result of victimisation by the employer because of the order or for any other reason.{ 65} Garnishee orders may only be made by a maintenance court upon conviction of an offender.
3.19 Rule 43 of the Uniform Rules of Court provides for a procedure by means of which relief can be sought from the Supreme Court while a divorce action is pending. This relief can include the payment of maintenance while the matter is pending.
3.20 The procedure provided for by Rule 43 is aimed at being a fast interim measure and the costs that may be charged in relation to such proceedings is limited by this provisions.{ 68} Nevertheless there still seems to be a need for a faster and cheaper procedure to obtain interim maintenance payments pending a divorce matter.
3.21 All of the issues mentioned in the preceding paragraphs causes the application of the judicial maintenance system to suffer. This not only results in hardship for those who are dependent on maintenance payments but also affects the whole of society as it places an increased burden on scarce State resources.
4.1 Against the background of the issues identified in the previous chapter various options for reform will now be discussed.
4.2 The many problems experienced in the administration of the judicial maintenance system (some of which are inherent to the implementation of judicial procedures) and the consequent ineffectiveness of the system to provide relief to those dependent upon maintenance payments, have prompted certain commentators to question its continued use as a vehicle to enforce the legal duty to support one's dependents.{ 69} Thus the first option which needs to be discussed seems to be the replacement of the judicial maintenance system with an administrative or other system. If the judicial maintenance system is not to be replaced by another system, methods need to be investigated to address the issues raised concerning the functioning of the system.
4.3 The question arises if the judicial procedures to obtain and enforce maintenance orders are to be abolished, with what should they be replaced. In Australia the Child Support Scheme (henceforth "the Scheme") was established by the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989.{ 70} The Scheme was designed as a result of a realisation that the system by means of which the courts dealt with maintenance on a case by case basis had failed.{ 71} It provides for an administrative prosedure to determine the extent of a person's liability to pay child support as well as to collect and disseminate child support payments. The Scheme does not apply to the payment of spousal maintenance, however in certain instances the structures of the Scheme may be used for the collection and disbursement of spousal maintenance payments{ 72}.
4.4 The administration of the Scheme falls under the tax authorities of Australia.{ 73} A government institution named the Child Support Agency (henceforth "the Agency") which forms part of the Tax Office, performs this function.{ 74} This means that the Agency has access to the necessary information and structures to collect child support payments in the same manner as PAYE tax. Disbursement of payments to custodial parents is done through the Department of Social Security. The Agency therefore functions as a conduit for child support payments from the non-custodial parent to the custodial parent. The Agency does not form part of the Australian Government's social security system and does not guarantee payment of child support as it does not have funds of its own to be used for this purpose. If the non-custodial parent fails to pay or cannot be traced there will not be money available to pay to the custodial parent. The Agency will, however, take on the responsibility of pursuing the matter further in an attempt to obtain the payments.
4.5 The Child Support (Assessment) Act 1989 lays down a formula by means of which the Agency calculates the amount that is payable as child support in each specific case. This Act applies to all cases where parents separated on or after 1 October 1989 or where the youngest child of the relationship was born on or after that date.{ 76} If parents to whom the Child Support (Assessment) Act 1989 applies cannot agree to an amount to be payed as child support the amount will be determined administratively by the Agency according to the formula. The court will not be involved in any determination of payments as to child support.{ 77} In fact, in cases where the Child Support (Assessment) Act 1989 applies the court is precluded from making any order for the periodic payment of child maintenance.{ 78} The Family Law Act 1975 in terms of which the court may make an order for the maintenance of a child is not an alternative to the provisions of the Child Support (Assessment) Act 1989.{ 79} The Child Support (Assessment) Act 1989 does provide for a review of an assessment of a parent's duty of support, but this will only be done on "special grounds".
4.6 Where the parents to whom the Child Support (Assessment) Act 1989 applies can come to an agreement as to the amount of child support payable, the agreement may be lodged with the Agency in order to be enforced by the Agency.
4.7 In cases where the Child Support (Assessment) Act 1989 does not apply parents will have to go the route of obtaining a court order as to maintenance in terms of the Family Law Act 1975 or of having an agreement registered by a court in terms of that Act.{ 82} The Agency can then collect and disseminate maintenance payments in terms of such an order or agreement.
4.8 The aim of the Scheme is clearly to relieve the burden placed on custodial parents to follow the judicial procedures in order to cast the non-custodial parent's duty of support into explicit terms and then again at a later stage in order to have that duty enforced.
4.9 In the United Kingdom a similar system has been in place since 1991. The Child Support Act 1991 provides for an administrative procedure to determine maintenance payments by means of an assessment.{ 83} The assessments are done by child support officers and where such an officer has jurisdiction to make an assessment the courts are precluded from making, varying or reviving any maintenance order.{ 84} The Child Support Act 1991 is administered by the Secretary of State for Social Security whose tasks include appointing the child support officers.{ 85} In practice the Act is administered by the Child Support Agency on behalf of the Secretary of State.
4.10 Collection of maintenance payments may done by the Secretary of State upon application for him or her to do so.{ 87} Where the person entitled to maintenance is receiving any form of state benefit the collection of maintenance must take place through the Secretary of State.{ 88} This may be done by means of a "deduction from earnings order" issued by the Secretary of State against the person liable to pay maintenance.{ 89} Where such an order is inappropriate the Secretary of State may apply to the appropriate court for certain orders, collectively referred to as liability orders, directed at the person and property of the liable person.
4.11 It is clear that the failure of judicial procedures to ensure the proper functioning of a maintenance system is a universal problem.{ 91} Unrealistically low awards and uncertainty in predicting maintenance amounts are inherent to a system where the determination of such amounts are left to the discretion of the courts.{ 92} Problems of cumbersome court processes, poor court administration and inaccessibility of those processes are common to judicial procedures for the enforcement of maintenance payments.{ 93} If the examples of countries such as Australia and the United Kingdom are considered the idea of abolishing the judicial maintenance system does not seem so far fetched. These examples seem to indicate that there are viable alternatives to the judicial system.
4.12 An administrative system for the determination of maintenance amounts will result in removing the determination of maintenance amounts from the discretion of judicial authorities. Thus cases will no longer be individualised. The main danger of such a system is that a general formula, even with a number of inbuilt variations, cannot provide for every contingency. In practice the amounts awarded by maintenance courts under the current system are generally low. This seems to indicate that the individual consideration given to maintenance cases by judicial authorities does not ensure that the amounts awarded are adequate{ 94}. If a system of administrative assessment is to be implemented in South Africa the formula or formulae by means of which maintenance amounts are to be determined will have to be designed taking the circumstances of the South African society into account.
4.13 In the South African situation an administrative collection system may be implemented by making use of government structures that are already in place such as the records and the systems of the Revenue Service and the Department of Internal Affairs. The main benefit of such a system is that the burden of taking the necessary steps to enforce a duty to pay maintenance is taken off the person entitled to receive such payments. By making use of the government structures and resources to enforce the duty to pay maintenance a much higher success rate can be achieved.
4.14 Another option for replacing the judicial maintenance system is through the introduction of a so-called Dad-Tax. This entails that a tax levy be imposed on non-custodial parents from which funds are obtained to pay a form of pension or grant to custodial parents. This approach needs to be very carefully considered.
4.15 Such a system negates the parental duty of support which exists at common law.{ 95} At the same time, however, it does not take cognisance of other duties to maintain dependents.
4.16 The structure of such a system is very rigid. It does not take account of the possibility of agreed maintenance payments, payments in kind or lump sum payments. It also does not allow for maintenance amounts to be individually determined in order to suit specific circumstances.
4.17 Such a system will increase the tax burden on a large part of the South African society. Apart from this it may also serve to increase the burden on government resources. Any form of taxation is likely to become a target for evasion. A tax system will therefore necessitate a system for its enforcement and administration which entails government spending. The likelihood exists that the amounts to be payed out to custodial parents, plus the amounts spent on the administration of the system, will exceed the amounts received through the system.
4.18 The discussion of the various issues which follows will be based on the premisse that the judicial maintenance system is maintained, and will explore options for its reform in accordance with each issue raised. It may, however, be that the replacement of the judicial maintenance system will also provide a solution to some of these issues.
4.19 The issue of human resources seems to be a practical one that does not easily lend itself to a solution by means of law reform. Part of the problem experienced in this regard is that there are simply not enough personnel to deal with all the complaints presented at maintenance courts. Furthermore the government does not have the financial resources at its disposal to increase the numbers of personnel at maintenance courts. This problem seems to be compounded by the practice of drawing on the ranks of the public prosecutors to fill the posts of maintenance officers. This not only creates problems of a higher personnel turnover at maintenance courts and a consequent loss of continuity in maintenance matters, but also leads to the dissatisfied attitude among such personnel alluded to earlier.
4.20 An option for the reform of the present situation seems to be to separate the office of maintenance officer from that of public prosecutor. This may be achieved by the deletion from the Act of the provision deeming a public prosecutor to be a maintenance officer.{ 97} Career-oriented maintenance officers should then be appointed to this office instead of compelling public prosecutors to serve in this capacity. It is acknowledged that in some areas the caseload of maintenance courts are not enough to warrant the appointment of a fulltime maintenance officer. In respect of such sentra consideration can be given to the use of maintenance officers from larger offices who periodically visit smaller offices as the demand dictates.
4.21 The advantage of a separation of the offices of public prosecutor and maintenance officer lies in the establishment of a better motivated and more dedicated compliment of maintenance officers. The maintenance officer fulfills a very important role in the current maintenance system.{ 98} A maintenance officer's dedication to his or her functions is therefore crucial to the smooth running of the judicial maintenance system. The maintenance inquiry is not a criminal procedure and therefore does not necessitate the involvement of a public prosecutor.
4.22 In so far as the criminal law is to be relied upon for the enforcement of maintenance orders, two options exists. This task could be left to the criminal courts and the public prosecutors, or the authority to prosecute the relevant offences can be delegated to persons appointed as maintenance officers.{ 100} The difference between this approach and the current position should then be that the emphasis should fall on the officials being maintenance officers who are also delegated to prosecute certain offences and not, as is currently the case, those officials being public prosecutors who are temporarily acting as maintenance officers.
4.23 Of course the recruitment of career-oriented maintenance officers will entail the development of a suitable career structure and career prospects for such persons. This brings us back to the problem of a shortage of resources. The possibility of uniting the office of maintenance officer with that of family advocate may be considered in this regard.{ 101} In its fifth and final report the Commission of Inquiry into the Structure and Functioning of the Courts (henceforth the "Hoexter Commission") recommended that family courts be established and that, among others, those matters that currently come before the maintenance courts should be adjudicated by a family court.{ 102} This would mean that the family court will replace the current maintenance court. This can provide a further avenue for the proper utilisation of career-oriented maintenance officers.
4.24 In the absence of a clear indication in the Act as to the scope and aim of the investigation by the maintenance officer such officers have to rely on guidance given by the Department of Justice through training and guidelines. In spite of the Department's efforts the manner in which this investigation is done seems to be largely in the discretion of the particular official. This also pertains to the subsequent determining of the amount awarded as a periodical maintenance payment.
4.25 A possible solution to this problem may be to prescribe the steps to be taken in the course of the investigation in the Act or by means of secondary legislation. What these steps should be will be largely determined by the aim of the investigation. If the purpose of the investigation is to be to assist the complainant in making his or her application to the maintenance court, the scope of the investigation should be as wide as possible. This may then include locating respondents, determining the levels of income of all interested parties and the needs in respect of maintenance of the interested parties. Steps to determine the income of a person can include gaining access to the records of the Revenue Service, doing a search of the deeds registry or consulting the records of the Department of Internal Affairs and of local authorities.
4.26 The Act seems to allow the maintenance officer a discretion to decide whether to institute a maintenance inquiry or not, although there is also a contrary point of view.{ 104} A possible solution is for the Act to provide that an inquiry must be instituted in al cases where no agreement can be reached between the parties involved. Such a provision may, however, cause a substantial increase in the caseloads of maintenance courts.
4.27 The alternative is to provide that the maintenance officer has a discretion to decide that a particular complaint does not merit the institution of a formal inquiry. This places a large responsibility on the maintenance officer as his or her decision can have grave consequences for the applicant. This option presupposes a corps of well-trained and dedicated maintenance officers who will be able to sift the unsubstantiated complaints from the meritorious ones.
4.28 The efficacy of a maintenance order is undermined by the fact that the maintenance court is not allowed to make ancillary orders to ensure compliance with the principal order. An option that may be explored in this regard would be to allow the maintenance court to make an order for the deduction of the relevant amount from the income of the respondent when it makes an order for the periodical payment of maintenance. This will be referred to as a garnishee order.
4.29 The garnishee order should be structured in such a manner that it does not apply to a specific employer. It should remain in effect where the respondent changes employment. A method of deducting the relevant amount from the respondent's income in the same manner as PAYE or SITE tax payments are made, may be considered. This will necessitate the establishment of an administration to deal with the collecting and channelling of such payments.
4.30 The effectiveness of the garnishee order may be further strengthened by criminalising any act of victimisation of an employee by an employer because of the imposition of the order.
4.31 Failure to obtain the presence of the parties, especially the respondent, at an enquiry where an order may be made, is a major cause for the low success rate of the judicial maintenance system. This is a problem that is inherent to judicial processes and does not easily lend itself to a solution by means of law reform. The use of deputy-sheriffs and of private tracing agents have in certain cases proved to increase effectiveness.
4.32 An option that may be considered in order to provide for those cases where the respondent is traced but simply refuses to attend any court proceedings, is to allow the maintenance court to make an order for the payment of maintenance in the absence of the respondent. The making of such an order should, however, be subject to the court being satisfied that the respondent was duly notified of the inquiry. A maintenance court should be allowed to receive any evidence it may consider necessary in the making of an order in the absence of the respondent. A maintenance order made in the absence of a respondent should have the same effect as an order of the maintenance court made in the presence of all interested parties. In this regard it should be kept in mind that any order made by a maintenance court may subsequently be substituted or discharged upon application by the respondent.
4.33 It is clear that the criminal law is not a successful medium for the enforcement of orders made by the maintenance court. This issue may be approached from two different sides. On the one hand the sword that is suspended over the head of a possible defaulter may be sharpened by examining the courts' sentencing options in respect of a failure to comply with a maintenance order. On the other hand the procedures that may be used in order to execute a maintenance order may be examined.
4.34 The Act only provides for sentences of imprisonment or a fine for the failure to comply with a maintenance order.{ 106} This does, however, not mean that there are no other sentencing options available to a court in respect of this offence. The Criminal Procedure Act, 1977 (Act 51 of 1977), provides for a sentence of periodical imprisonment.{ 107} This may be imposed by any court convicting a person of an offence for which no minimum punishment is prescribed.
4.35 The advantage of periodical imprisonment is that it can strike a balance between the need for prevention through deterrence and the preservation of the productivity and family life of an offender.{ 109} Other advantages are that it costs the state less than ordinary imprisonment and the offender is not as exposed to the negative prison environment.{ 110} The fact that it can have much less of an impact on the earning power of a person who is under a duty to maintain other persons should make periodical imprisonment a sentence option well-suited to maintenance related matters. A factor that may further enhance periodical imprisonment as a sentencing option would be to allow the court to determine the periods when a person is to serve the sentence. Options in this respect are to make use of public holidays or of the accused's annual leave.
4.36 The Criminal Procedure Act provides for correctional supervision as a sentencing option.{ 112} This provides the court with another avenue through which a rehabilitative or punitive sentence may be imposed without placing an offender in prison.{ 113} The Criminal Procedure Act also grants the court the discretion to impose a sentence of imprisonment from which the offender can be placed under correctional supervision.
4.37 The Correctional Services Act, 1959 (Act 8 of 1959), provides for a number of measures to which an offender may be subjected including monitoring, placement in employment as well as any "other programmes as may be determined by the court or the Commissioner or prescribed by or under this Act, and to any such other form of treatment, control or supervision, including supervision by a probation officer, as the Commissioner may determine after consultation with the social welfare authority concerned in order to realize the objects of correctional supervision".
4.38 In respect of persons who fail to comply with maintenance orders correctional supervision may be a truly suitable sentence as such persons can be subjected to monitoring and control over their financial affairs in order to ensure compliance. Such persons may further be subjected to educational programmes in order to provide them with the necessary skills to manage their financial affairs in such a manner that they will have sufficient funds available to comply with the maintenance order.{ 116} Submission to correctional service may furthermore be set as a condition for the postponement of the passing of a sentence or the suspension of a sentence.
4.39 The options discussed above are currently available to maintenance courts but are not frequently used. It seems therefore that training of the relevant officials can provide an avenue through which the use of these measures can be promoted. Another option is to limit the maintenance court's discretion to suspend or postpone sentences. This may be done by requiring the court to set submission to correctional supervision as a condition for the postponement or suspension of any sentence. It is, however, not desirable to restrict the sentencing options of the court as situations may arise where the court is then prevented from imposing a suitable sentence.
4.40 An option that was raised in respect of imprisonment as a sentencing option is to allow the offender who is serving a prison sentence to remedy his or her position by paying the arrear maintenance and then to apply to the court to be released from prison.{ 118} The remaining part of the prison term may then be suspended on any of the conditions provided for by the Criminal Procedure Act, 1977.
4.41 This option need to be carefully considered in the light of the decision of the Constitutional Court in Coetzee v Government of the Republic of South Africa; Commanding Officer, Port Elizabeth Prison, and Others v Matiso and Others.{ 119} In this case it was decided that the provisions of the Magistrate's Courts Act, 1944 (Act 32 of 1944), providing for imprisonment of a judgment debtor are unconstitutional as it offends against the right to freedom as provided for in section 11(1) of the Constitution of South Africa , 1993 (Act 200of 1993, henceforth the "Interim Constitution"). Kriegler J lists a total of seven aspects concerning these provisions which are found to rule out the possibility that this infringement may be justified by section 33(1) of the Interim Constitution.{ 120} The phenomenon of imprisonment for the failure to pay a debt was, however, not in principle held to be unconstitutional.
4.42 The court's power to imprison a person because of a failure to pay maintenance can furthermore be distinguished from an imprisonment for the failure to pay a debt. In the first instance the person concerned will have committed an offence (viz a contravention of section 11(1) of the Act) for which he or she will have been charged, tried and convicted before his or her imprisonment will have become a possibility. In the case of an imprisonment for the failure to pay a debt no criminal charge or prosecution will have preceded the imprisonment. Another factor to be kept in mind is that a person can only be convicted of the failure to pay maintenance if the court is satisfied that the such failure is not due to a lack of means.
4.43 It is therefore clear that the court has the power to send a person to prison because of a failure to pay maintenance by virtue of the fact that such a failure constitutes an offence. If the court is granted the discretion to reconsider its sentence of imprisonment where the offender pays the arrears for which he or she was convicted that discretion will work in the offender's favour in that the term of imprisonment may thereby be shortened. It is submitted that the granting of such a discretion cannot render the court's power to impose a sentence of imprisonment for a failure to comply with a maintenance order unconstitutional.
4.44 A possibility to be explored in respect of the execution of maintenance orders is to separate this procedure from the criminal sanctions attached to the failure to comply with such an order. This means that the processes to ensure payment in accordance with a maintenance order should not be dependent on the conviction of the defaulter to whom it applies. If the order for the periodical payment of maintenance is treated as something akin to a judgment by a civil court in favour of the applicant, more use could be made of measures such as warrants of execution against the respondent's property. Various options exist for the form which the procedures to implement such an order may take.
4.45 The maintenance order may be statutorily accorded the effect of a civil judgment for the payment of an amount in installments. Such an order may then be registered with the clerk of the civil court which has jurisdiction in the area where the maintenance order was made, and be executed in the same manner as a judgment of that court. A major drawback of such a system may be that the process to enforce a civil judgment is not cheap nor simple enough to provide an easily applicable solution to the low levels of enforcement of maintenance orders. Furthermore the procedure for the execution of a judgment is aimed at bringing finality to a civil suit. An important difference between a maintenance order and a civil judgment is, however, that a civil judgment is made for a fixed amount which can be amortised while a periodical payment of maintenance is an ongoing obligation which will only terminate with the occurrence of a particular event. This means that a maintenance order will not be discharged with the execution for a warrant of attachment of movable property of a defaulter. The debt in terms of that order will continue to exist and will accumulate as each payment becomes due, even after the execution of a warrant.
4.46 Another option is to allow an applicant to approach the maintenance court with an application to authorise the issue of a warrant of execution in respect of any payment that has become due in terms of a maintenance order plus interest on such a payment. This should be an ex parte application. The court may be granted the discretion to authorise the issue of a warrant for the payment of an amount of money, or for the attachment of the defaulter's movable or immovable property. The court's authorisation of the issue of such a warrant may be coupled to a return date upon which the respondent must show cause why the issue of the warrant should not be authorised. This procedure will retain judicial control over the issue of warrants for execution but will provide a quicker and more dependable mechanism for the enforcement of maintenance orders than that which is currently in place.
4.47 A third option is to allow the applicant to sue for a warrant of execution out of the office of the clerk of the maintenance court. This will have the effect that the applicant will be entitled to approach the clerk of the maintenance court to have a warrant for the payment of an amount of money or for the attachment of movable or immovable property issued. The respondent should be entitled to approach the maintenance court with an application for a stay of execution of the warrant. This procedure will provide a quicker mechanism than the one discussed in the preceding paragraph to ensure compliance with the maintenance order. Whichever option is preferred, the issue of a warrant of execution should be competent irrespective of any prosecution because of the failure to comply with the maintenance order.
4.48 As was previously discussed the making of a so-called garnishee order is something that may be considered as part of the making of the initial order of the maintenance court following a maintenance inquiry.{ 123} In cases where this is not done the making of a garnishee order may be dealt with by means of similar procedures for the issuing of a warrant of execution discussed in the preceding paragraphs. The previous remarks concerning the structure of the garnishee order will also apply in this instance.
4.49 An option to provide faster and cheaper relief in respect of maintenance pending divorce would be to allow maintenance courts to hear such applications. This may improve accessibility to such procedures as the maintenance courts are more evenly distributed than the divisions of the Supreme Court. In the present circumstances the full court rolls and shortage of staff which are encountered at most maintenance courts, especially in the larger sentra, may, however, cause delays in the hearing of such applications.
4.50 The institution of family courts may be a more suitable solution for this problem. The Hoexter Commission recommended that family courts should adjudicate, among others, matters associated with divorce proceedings including applications for maintenance pendente lite.{ 125} The efficiency of such courts to deal with these matters will be largely dependent on the availability of sufficient resources for its staffing and operation.
5.1 It is clear that the implementation of some of the options discussed in the preceding chapter will require the spending of large amounts of money by Government. This will in turn be borne by the taxpayer. It is suggested that the situation in which the maintenance system finds itself warrants the allocation of sufficient resources by Government to alleviate the plight of those who are dependent upon its proper functioning. It must be borne in mind that the breakdown of the judicial maintenance system results in an increased reliance on the State Maintenance Grant which is funded solely with taxpayers' money and is an ongoing expense to the state. By investing sufficient resources in establishing a system by means of which the common law duty to support one's dependents can be efficiently implemented, reliance on the State Maintenance Grant can be greatly reduced.
5.2 The discussion in this paper does not purport to be exhaustive of all the issues and options pertaining to maintenance. The Commission invites respondents to indicate whether there are other issues and/or options to be explored.
5.3 It is suggested that the issues and options outlined above as well as those suggested by respondents ought to be debated thoroughly before any particular direction is embarked upon. Based on the outcome of such discussions legislation to effect a review of the maintenance system will be proposed. The comments of all parties who feel that they have an interest in this topic or may be affected by the type of measures discussed in this paper are therefore of vital importance to the Commission. All respondents are invited to indicate their preferences in respect of the options examined. All the relevant role players and institutions that are likely to be affected by regulatory measures should participate in this debate.
{ 8}Section 3 of the Act.
{ 10}Section 4(1) of the Act.
{ 14}At 87A - B of the judgment.
{ 15}Section 5(4) of the Act.
{ 18}At 86G - H of the judgment.
{ 19}At 87D - G of the judgment. See also Kruger v Ferreira 1979 (1) SA 915 (NC) at 916D -E where Van den Heever J expressly states that the inquiry is neither a civil nor a criminal case.
{ 20}Section 11(1) of the Act.
{ 22}At 14 B - C of the judgment.
{ 24} Section 11(1) of the Act.
{ 25} Section 11(2)(a) of the Act.
{ 26} Section 11(2)(b) of the Act.
{ 27} Section 11(2)(d) of the Act.
{ 28} Section 12 of the Act.
{ 29} Section 13 of the Act.
{ 30} Ibid.
{ 34} Burman 1991 (2) SAJHR 215 at 217 remarks that "[i]t could well be argued that the system of obtaining maintenance from fathers is patently not working and that therefore it would make more sense to abolish it".
{ 35} Section 3(1) of the Act.
{ 37} The Lund Committee Report 50 to 51.
{ 38} See par 2.5 supra.
{ 39} Section 4(1) of the Act.
{ 42} Ibid. See also par 2.3 supra for the discussion of Spiro's point of view that the maintenance officer must institute an inquiry.
{ 44} Section 5(4)(a) of the Act.
{ 47} Section 11(1) of the Act. See also parr 2.6 and 2.7 supra.
{ 49} At 165 A-B of the judgment.
{ 52} Supra.
{ 53} At 406 E-G of the judgment.
{ 55} Burman & Berger 1988 (3) SAJHR 334 at 344: "Although an official said 'jou have to threaten people with the law or else no one will pay maintenance' it appears that this threat is a hollow one. It is almost impossible to enforce a maintenance order".
{ 56} Section 12(2)(a) of the Act.
{ 58} Section 11(2)(b) of the Act.
{ 61} Lotriet 1996 (4) The Magistrate 123 at 137 to 138.
{ 62} Section 12(1) of the Act.
{ 64} Ibid, section 12(1) of the Act.
{ 66} Section 12(1) of the Act, Lotriet 1996 (4) The Magistrate 123 at 139.
{ 67} Rule 43(1) of the Uniform Rules of Court. Other forms of relief include orders as to a contribution towards the pending divorce matter, interim custody of a child and interim access to a child.
{ 68} Rule 43(8) of the Uniform Rules of Court.
{ 71} Ibid.
{ 73} Section 10(2) of the Child Support (Registration and Collection Act) 1988.
{ 75} Ibid.
{ 76} Sections 19 to 21 of the Child Support (Assessment) Act 1989.
{ 77} Section 35 of the Child Support (Assessment) Act 1989, Bowen 4 to 5.
{ 80} Sections 98A to 98M of the Child Support (Assessment) Act 1989, Bowen 12.
{ 81} Sections 80 to 95 of the Child Support (Assessment) Act 1989, Bowen 10.
{ 83} Section 4 of the Child Support Act 1991.
{ 84} Section 8(3) of the Child Support Act 1991.
{ 85} Burrows 14. Section 13 of the Child Support Act 1991.
{ 86} Burrows 14.
{ 87} Section 29(1)(b) of the Child Support Act 1991.
{ 88} Section 29(1)(a) of the Child Support Act 1991.
{ 89} Section 31 of the Child Support Act 1991.
{ 90} Burrows 96.
{ 93} Burrows 105 to 106.
{ 95} See par 2.1 supra.
{ 96} See par 3.3 supra.
{ 97} Section 3(2) of the Act.
{ 99} See par 2.5 supra.
{ 100} Section 6 of the Attorney-General Act, 1992 (Act 92 of 1992) provides for the delegation of the authority to prosecute.
{ 101} Section 2(1) of the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987), provides for the appointment of civil servants to the office of family advocate.
{ 105} Section 5(4)(b) of the Act.
{ 106} Section 11(1) of the Act.
{ 107} Section 285 of the Criminal Procedure Act, 1977.
{ 108} Section 285(1) of the Criminal Procedure Act, 1977.
{ 111} Ibid.
{ 112} Section 276(1)(h) and (i) of the Criminal Procedure Act, 1977.
{ 113} Section 276(1)(h) of the Criminal Procedure Act, 1977 allows the trial court to place the offender under correctional supervision. See also Du Toit 28-10C.
{ 114} Section 276(1)(i) of the Criminal Procedure Act, 1977.
{ 115} Section 84(1) of the Correctional Services Act, 1959.
{ 117} Section 297(1) of the Criminal Procedure Act, 1977.
{ 120} At 643D-644H of the judgment.
{ 121} See the remarks of Didcott J at 646F-J and Sachs J at 672D-H of the judgment.
{ 122} Section 11(3) of the Act.
{ 124} See par 4.30 supra.
<fn>GOV-ZA.199903En.2012-02-10.en.txt</fn>
Information technology has a crucial role to play in development, especially within the areas of finance and investment. In recognition of this, the SADC Finance and Investment Sector has become involved in a number of initiatives involving the development of technological infrastructure, and the use of IT to improve efficiency. The theme of this year's SADC Consultative Conference was SADC in the Next Millennium: Opportunities and Challenges of Information Technology. You can read about this conference on page .. The SADC central banks' IT Forum is also included (page ..), as is a report on FISCU's involvement in the SADC Y2K initiative (p).
On a different topic, we are privileged to have our former Director, Bongi Kunene, write an article for us on a new World Bank initiative, namely the Partnership for Capacity Building in Africa (p ..).
Readers working in government in Africa should find this particularly interesting.
The 1999 Consultative Conference took place between the 5th-15th February in Lusaka, Zambia. The Consultative Conference consists of a number of meetings where new projects are approved, report-backs are given on existing projects, and strategies on on-going activities of the SADC region are reviewed. The Consultative Conference brings together all SADC countries and organs, as well as co-operating partners, the business community, labour organisations, nongovernmental organisations, civil society and other interested parties. This forum provides a platform to frankly assess past performance and consult and build consensus on the future strategy to develop and further regional integration efforts.
The Sector Co-ordinators in their meeting acknowledged the need for SADC to urgently review its operational mechanisms and decentralised strategy, in light of the changing global environment. There is an urgent need to refocus policy to improve the quality and increase the pace of the region's integration efforts. This entails reviewing administrative and institutional arrangements and re-examining the role of the Secretariat and Sector Coordinators. The Secretariat should concentrate on policy formulation, co-ordination and harmonisation while sector co-ordinators need to drive the project implementation process. If implemented, however, these recommendations will have consequences for capacity. The main objective of this exercise is to bring the SADC Secretariat structure in line with the strategic orientation adopted in Windhoek in 1992 and transform the organisation from being a regional cooperation arrangement into a fully operational economic community.
In their meetings, Council considered all the sectors' reports and progress of ongoing projects, while some new ones were also approved. Council also received an update on the status of relationships between cooperating partners and future areas of co-operation and meetings. Various other reports were considered by Council. These included the report of the Finance Committee, briefing of diplomatic missions in the region and preparations on the forthcoming Southern Africa Economic Summit.
A report on the regional strategy to combat the Year 2000 Problem was considered.
The meetings included the SADC Consultative Conference, an event held every two years to discuss around a particular subject pertinent to the region.
SADC in the Next Millennium: "Opportunities and Challenges of Information Technology".
Lusaka, Zambia between 11th-12th February 1999 and was officially opened by the President Fredrick Chiluba of Zambia and chaired by South African Minister of Foreign Affairs, Hon Alfred Nzo. In attendance were all SADC Member states, the representatives of the international co-operating partners, ADB, COMESA, World Bank Group, IMF, The Commonwealth Secretariat, United Nations Agencies and the International Institute for Democracy and Electoral Systems. There were also members of nongovernmental organisations, labour movements and civil society.
The consultative conference provides a good opportunity for the various interest groups in SADC to come together discuss issues of mutual concern and provide a platform to share ideas and experiences on a number of issues, particularly on the topic identified.
The change in the global setting necessitated by increasing cross-border activities has dramatically changed the world economic patterns and growth. These changes, influenced by trade developments as economies adopted liberal policies, changes in the finance and investment flows, and phenomenal technological innovations, prompted Council to consider importance of Information Technology (IT) in matters of regional development. The new technologies relating to information and communication systems ranging from the Internet to computers, satellite dishes and others, mean that countries and regions not devising clear strategies around IT stand to be marginalised by the global developments and trends.
The delegates to the conference also expressed their concerns on the regional political turmoil and strife brought about by the resurgence of war in certain parts of the region. The delegates requested bodies like the UN and OAU to intervene to come up with a peaceful solution to these developments.
The conference noted the positive economic growth prospects and results posted by the region in the past four years and the role played by IT in that respect. The role of IT was cited as an integral part of the regions' development initiatives if any meaningful and sustainable growth levels could be achieved.
competitiveness and productivity.
To develop an information society where IT becomes a tool used on a daily basis.
To improve and broaden the IT access to all.
To develop a SADC-wide IT infrastructure to encourage regional integration.
To develop a regional IT industry and encourage growth of hardware and software production.
To improve human resource capacity regarding the effective use of IT.
Raise awareness and understanding of the importance of IT at the highest policy making body and the lowest possible user.
Develop a regional IT policy in harmony with national IT strategies.
Develop a National Information and Communication Infrastructure (NICI) plan.
Create a favourable regulatory framework to accelerate development of the telecommunication sector.
Remove of trade barriers and reduce IT-related taxes and tariffs.
Remove restrictive license fees and other costly and time-consuming bureaucratic barriers.
Identify key sectors for prioritisation.
Develop human resources that will be able to provide the skills support and provide leadership and stem the reverse flows of manpower in such sectors.
Collaboration between the public and private sector, non-governmental organisations, civil society, labour and other stakeholders in ensuring shared resources and forging smart-partnerships in an effort to accelerate the levels of investment this sector.
Constantly monitor progress and formulate a dynamic strategy.
The conference provided a starting point for the monitoring of the IT situation in the region. It is expected that a range of SADC organisations will be involved in carrying out these recommendations further.
The CCBG will be meeting again on 9 April 1999 in Swaziland. Discussions will centre around the impact of the increasing volatility in international capital flows on the economies of SADC member states. As usual all project leaders will also report on progress made with projects. All Governors will also report on progress with Year 2000 readiness in SADC central banks.
The meeting will end on Saturday 10 April 1999 with a celebration for the 25th anniversary of the Central Bank of Swaziland. This meeting will also mark the end of the chairmanship for Dr C. Stals the Governor of the South African Reserve Bank. Future meetings will be chaired by his successor, Mr T. Mboweni.
Protective Services Heads in SADC central banks met on 17 and 18 February 1999 for a workshop to discuss the basic principles that underlie protective services, to identify areas of possible co-operation and to identify training needs for central bank protective services in the region.
Among other issues, information security, cash in transit and access control in a central bank environment were discussed. Information sharing and communication between the protective services functions in SADC central bank will allow the central banks to draw on each others' experience. Proposals that emanated from the workshop will be presented to the CCBG at its forthcoming meeting.
One of the first objectives of the IT Forum was to get connect all member central banks electronically, and when this objective was met in April 1998, it opened doors for new and effective means of communication between member central banks. The most notable of these is an interactive web site, which serves as a working area for project teams. The Business Systems and Technology Department of the South African Reserve Bank developed the Interactive Web.
Recently the SADC central banks saw the opportunity to fully automate the updating of the SADC Central Bank Statistical Database. The first phase was to incorporate SADC statistics in the mainframe database in the South African Reserve Bank. Phase two of the project dealt with the various types of interfaces, creating the data links and conversions required for electronic data dissemination and creating the Economics and Statistics Data Capture Application on the Interactive Web.
As a trial run, member central banks were requested to update statistics via the Internet. Eight member central banks have already used the facility successfully.
This research project was approved at the meeting of the Committee of Central Bank Governors in SADC, held on 23 October 1998. The study underpinning this project will be done by the Economics Department of the SA Reserve Bank.
A questionnaire to assist the project leader in completing the study was compiled and circulated to all central banks. The questionnaire covers, among other things, the present structure of and activities in the money market, legal and supervisory requirements applicable to money market activities and policy issues. The first part of the study will concentrate on analysing present structures and operations of money markets in SADC countries which is to be completed prior to the Governors meeting in April. The second and more important part will aim to present proposals or suggestions on developing the money markets of the region and the envisaged involvement of central banks in this programme.
At the meeting of the CCBG held in South Africa on 23 October 1998, Governors approved the expansion of the work programme of the Subcommittee on Exchange Control. The Subcommittee will now report annually on the progress made in the liberalisation of exchange control in member countries. It has also been given the task of assessing the impact of global financial crisis on exchange control policies in the SADC countries.
The Subcommittee on Exchange Control met on the 21 and 22 January 1999 in Mauritius and will meet again on the 16 and 17 March 1999 to finalise the abovementioned report.
The IT Forum Co-ordinating team has prepared an operational plan for the next 15 month period. The plan details the mission and strategic alignment of the IT Forum and the projects and capacity building training to be undertaken in the medium term. The plan has been structured to facilitate negotiations with donor organisations for funding which will be required to achieve the objectives of the IT Forum.
The 4th IT Forum Workshop will be held in South Africa from 1 to 5 March 1999. A comprehensive programme has been put together which includes several guest speakers. The workshop will be divided into two phases. The first phase will focus on progress on Year 2000 compliance, IT Forum strategies and plans for the medium term, and information technology support for the Committee of Central Bank Governors' initiatives. The second phase will focus on technology trends and emerging business practices and associated technologies.
One of the private sector organisations falling within the ambit of the Finance and Investment Sector, is the SADC Committee of Stock Exchanges. The stock exchanges have been meeting and networking on a regular basis since 1997.
The Johannesburg Stock Exchange hosted a meeting on the 18th and 19th of February. The meeting focused largely on technology and the issue of connectivity between exchanges. Gerrit de Marez Oyens of the FIBV emphasised the need for of connectivity in his presentation, entitled "Strategic Probing into 2005", and all the SADC exchanges agreed in principle that there was a need for connectivity, with an interconnected market being the ultimate goal in a step-by-step process. It was also established that the individual systems used by the various exchanges are not as important as ensuring that there are common communication standards, and that the systems are able to "talk" to one another.
Electronic and automated systems enhance the possibilities for market connectivity. The Committee is looking into establishing electronic clearing and settlement systems, and automated trading systems, in the various SADC exchanges. Participants were given a demonstration of the JSE's automated trading system, JET, which some of the SADC exchanges are considering buying into. The Namibian Stock Exchange (NSX) has recently hooked up to JET, and the NSX's Chief Executive, Tom Minney, shared Namibia's experience with the system. A working group, driven by Mauritius, will be looking into developing a set of common standards for trading which the SADC stock exchanges should strive to adhere to.
In terms of listings requirements, harmonisation is nearly complete, the exception being the Dar es Salaam Stock Exchange, which only joined the Committee recently and is now looking into the implications of harmonisation.
Presentations were also given by JSE staff and South Africa's Financial Services Board, on topics such as insider trading, the JSE's Emerging Enterprise Zone initiative to facilitate the development of SMEs, information vending, progress with the STRATE project (electronic clearing and settlement) and South Africa's new Investment Services Bill.
Botswana is planning to market itself as a financial services centre, and, to facilitate this, the government abolished all exchange controls in the country's recent budget. The tax rate for companies in the financial services sector was also reduced to 15 percent, and there are no taxes on unit trusts. Botswana's first unit trust was recently quoted on the exchange. There are now 14 domestic and nine foreign companies listed on the exchange, as well as three bonds.
Compared to other African countries, the Mauritian market fared relatively well in 1998, with the all-share index increasing by seven percent in dollar terms, and foreign transaction increasing from 25 percent to 32 percent of total transactions. The Stock Exchange of Mauritius is currently developing a manual continuous trading system, an interim measure while plans for an electronic trading system are being developed. The exchange is also holding discussions with the central bank on the development of a secondary market for government bonds through the exchange.
New trading and broker backoffice systems were introduced in November 1998; in spite of this, the market has remained fairly quiet. The year ahead should involve the setting up of other JSE systems, such as the central depository and the Stock Exchange News Services (SENS). There are also plans for a possible restructuring of the exchange into a company from an association, along with marketing of the exchange and market development. There are now 41 listings in total on the exchange, plus three bonds (which are benchmarked to comparative South African bonds), and six member firms.
There are three exchanges in South Africa, namely the JSE, the Bond Exchange and the Futures Exchange. Plans to merge the three are currently afoot, in order to enhance the JSE's international competitiveness. The Bond Exchange saw four new listings in 1998, as well as the upgrading of 43 unlisted bonds to listed status. Nonresident trade in bonds has declined to 25 percent from 39 percent mid-1998. On the JSE's side, there were 101 new listings in 1998, in spite of the market turmoil. There has also been a move by some major South African companies, including Anglo American and South African Breweries, to list on the London Stock Exchange. Demutualisation was a highlight last year, with the listing on the exchange of the insurance giant, Sanlam, soon to be followed by Old Mutual. It is expected that STRATE, the electronic clearing and settlement system, will be in place by the end of April.
The Dar es Salaam stock exchange began operating last year, and there are currently two companies listed on the exchange. The number of trading days per week has recently been increased from one to two, and the central depository should be operational next month. Foreign investment is still not allowed on the Dar es Salaam stock exchange, due to the fact that most flotations are (and will continue to be) recently privatised companies in which foreigners already have a significant stake.
In contrast to 1997, 1998 was a bad year for the Lusaka Stock Exchange, losing 57% of its value in dollar terms. This was largely due to the economic situation prevailing in Zambia at the time, which was exacerbated by the lack of progress with the privatisation of Zambia Consolidated Copper Mines. However, prospects are now looking more promising. Two new companies, National Breweries and Standard Chartered Bank, listed in 1998. The LuSE is looking to transfer the trading of government bonds onto the exchange, and has made progress on efforts to develop unit trusts. The LuSE has also succeeded making the stock exchange part of the education programme in Zambia - secondary school syllabi now capture the stock market.
1 at the end of the year. The collapse of a merchant bank also had a negative effect on financial markets and their integrity.
as well as two rights issues. The government recently imposed a five percent withholding tax on the sale of securities, but the tax was eventually retracted after protests from the broking community.
The Southern African Transport and Communication Commission (SATCC) Committee of Ministers in their meeting held in June 1998, were briefed on the Year 2000 computer problem. The Ministers, on hearing about the gravity of the problem, directed the SATCC-Technical Unit (SATCC-TU) to convene a cross-sectoral meeting to determine the SADC region's preparedness in dealing with the problem, and to come up with a regional strategy to address the matter. Furthermore, the Ministers also decided to brief the Council of Ministers and the Summit of the SADC Heads of State about the looming problem.
Subsequent to the ministerial directive, a Conference on the Year 2000 problem was organised in Cape Town from 20-21 August 1998 by the Y2K Support Centre of South Africa and SATCC-TU under the auspices of the Information for Development (InfoDev) department of the World Bank. This conference revealed that only a few countries in the SADC region had taken adequate measures in dealing with the problem.
The Conference went to devise a regional strategy to combat the problem and further proposed that each SADC member state appoint a national Y2K co-ordinator. A regional co-ordinating mechanism was to be established as well.
In September 1998, Council resolved that Member States without any focal point or institutional framework for dealing with the Y2K problem should urgently establish one.
The establishment of a high-level Cabinet Committee to steer the Y2K initiative programme.
The establishment of a national co-ordinating unit with adequate financial and human resources, which would have clearly defined responsibilities and strong monitoring powers.
The establishment of a task force to assist with urgent tasks e.g. prioritising Y2K risks, devising a national strategy and putting together a contingency plan.
Council urged member countries to make the necessary budgetary allocations to address the issue as a matter of priority . Member countries were also urged to conduct strong awareness campaigns and understanding of the Y2K problem.
SATCC-TU, assisted by the SADC Secretariat and FISCU were chosen to spearhead and co-ordinate the Y2K I initiative at a regional level. This steering group was directed to convene crosssectoral meetings to further exchange information and develop a regional strategic plan.
On the 25th-26th January 1999, SADC National Y2K Coordinators met in Gaborone, Botswana, to review progress and formulate a regional action plan. Only six of the fourteen member countries of SADC attended the workshop. The meeting was also attended by the World Bank, SATCC, FISCU, SADC Secretariat and was facilitated by the National Computing Centre (NCC) of the United Kingdom. The NCC's participation was financed by the UK's Department for International Development.
The unavailability of Y2K structures in some of the regional states. Where structures were in place, capacity was lacking, and financial problems and bureaucratic procedures were overshadowing the work programmes in the implementation of remedial actions.
The lack of awareness and conceptualisation of the magnitude of the problem.
The lack of skills, and shortage of resources at the national level to effectively implement strategic plans.
The crucial issue of interdependencies within the sectors in the SADC region and within individual member countries.
The fact that not much progress had been made at the time of the meeting and the little time remaining to take any remedial action.
The need to concentrate on a set of six critical sectors to start the preparation of contingency plans. The six mission-critical sectors were identified as being power/energy, telecommunications, transport, water, health and finance.
The formation of regional committees made up of appropriate sector coordinators to focus on the six critical areas identified.
Sector co-ordinators to incorporate Y2K issues relevant to their sectors in their work-programmes.
All countries to ensure the existence of national operational structures to address the problem and the strengthening of the role of the National Y2K co-ordinator and the putting in place of speedy decision making mechanisms by March 1999.
Establish a regional web site and national helplines.
Countries to actively engage InfoDev/World Bank grants individually and consider relocation of other resources to address the problem. The process was however, subject to time constraints.
Make budgetary allocations to finance remediation activities and the travelling costs of officials to two meetings scheduled for April and June.
Establish status of Year 2000 programs in the next meeting i.e.
Individual contingency plans to be developed by each individual country and sectors within the country concerned.
What has to be appreciated however, is that for some sectors it is already too late for anything to be done. The cost of tackling the problem will escalate in geometric proportions as the deadline approaches and certain systems will fail, causing disruptions in the provision of services like water, power and health. Those countries that have not prepared adequately will have to make the necessary arrangements to provide emergency and remedial support in areas such as the finance, food security, transport and social security. The problem is not a computer problem as is often misconstrued, but rather a management/business problem. Every cloud has a silver lining, however: the Y2K problem also provides opportunities for regional states to revamp their systems in line with their long-term strategy for IT development.
In the last edition of our newsletter, we reported that SADC Ministers of Finance had directed FISCU to prepare a three-year financing strategy before proceeding with the development of the Protocol.
The three-year strategy document was developed and is currently awaiting Ministerial approval. The document sets out the work programme and funding needs for the entire Finance and Investment Sector, including all the activities of the various committees/subcommittees and the activities relating to the Finance and Investment Protocol. Once this document has been approved and funding has been obtained for the Protocol development process, work on the Protocol will commence.
Bongi Kunene is an advisor to the Executive Director at the World Bank. She reports from Washington on a new World Bank programme to promote capacity building in Africa.
The Partnership for Capacity Building (PACT) started in 1995 at the request of African Governors of the World Bank to Mr. Wolfensohn to seriously consider the role of aid flows, in particular, technical assistance given to Africa. It is estimated that in any given year, the amount of resources expended on technical assistance to Sub-Saharan Africa (SSA) averages about USD 5 billion. However assessments conducted by various agencies, including the Bank, conclude that the results and effectiveness of assistance is at best mixed. African governments have for a long a time advocated a thorough review of programs intended to assist them in reforming their economies. A confirmation by empirical evidence that capacity building that accompanies reforms is not entirely successful, reinforces the Governors point of view that capacity is a "missing link" in the development agenda. It is evident that before Africa can make visible gains in meeting long term development needs, there has to be a concerted effort on building, utilising and retaining Africa's resource base.
In its conceptualisation the PACT is intended as a framework for addressing the capacity building problems within the continent. While the Bank is part of the process, the effort is led and owned by the Africans through the Governors' delegated authority to Executive Directors (EDs) within the Bank.
The African EDs decided to approach their task with three concurrent efforts. First, they undertook a series of consultations in various fora in Africa. Among these was a number of workshops conducted in Abidjan, Accra, Libreville, Johannesburg, Nairobi, and Port Louis with the objective of obtaining multi-sectoral views on devising practical methods of mainstreaming capacity building within donor activities. The workshops involved representatives of governments, the private sector and the civil society.
Second, a panel of African experts was commissioned to review donor programs, particularly those of the World Bank Group, to determine how these programs have helped or hindered the building of capacity, and to suggest how they could be made more effective.
Third, fourteen capacity assessments were undertaken in African countries as vehicles for understanding the status of capacity in our countries.
The initial results of the threepronged approach were used in the compilation of a business plan submitted to Mr. Wolfenshon by President Diouf of Senegal during the Annual meetings of 1998.
The PACT Proposal Presented to Mr. Wolfenshon (September 1998)
The PACT proposal has four guiding principles, namely, African leadership and ownership, an insistence that capacity should be at the centre of the development process, that a partnership approach should be advocated in endeavours for capacity building, and, the proposed actions must be practical and realistically phased. Correspondingly there are four priority areas: firstly, the public sector - in this regard the proposal refers to policy planning and analysis, financial management especially the strengthening of capacity in accounting and auditing institutions, capacity in the judicial and legal fields, and general governance issues. The second and third priority areas are capacity building within the private sector and civil society respectively. The fourth priority area encompasses training, research and information technology. On this priority the objective is to support the generation and dissemination of knowledge, revitalising African universities and establishing Regional Centres of Excellence.
It is envisaged that the PACT will be a multi-country program, with possibility to build on and leveraging current programs. Its structure puts emphasis on regional focus and the concept of information and knowledge networks can be easily applied.
The Partnership Group, which would be chaired by the Chairman of the African Caucus and co-chaired by a representative of one of the development partners. It would be composed of representatives of all entities dealing with capacity building issues in Africa as well as African ministers selected on a regional and rotational basis. The Partnerships Group would be the policy making body of the PACT and will have resources mobilisation as its other function. The PACT secretariat would be the administrative arm whose functions will include the implementation of policy directives from the Partnership Group and the processing of requests from the National Secretariats. The National Capacity Building Secretariats would be responsible for aggregating and mobilising local capacity building efforts, as well as serving as the national interlocator with international donors.
All PACT activities would be supported by a Trust Fund to which the World Bank is expected to provide the "seed money" for its administrative set up and initial programs and activities. Resources into the Fund were equal US$ 1 billion over five years.
The role of agencies, including the UNDP, the African Capacity Building Foundation (ACBF) based in Harare, and the bilateral donors, currently engaged in capacity building activities; Elaboration of the role of national secretariats; The institutional framework was seen as too top heavy and too bureaucratic, involving the creation of yet another freestanding institution whose procedures could prove too cumbersome; and The funding proposals were perceived as being too unrealistic, in view of budgets cuts in partner institutions and countries. The three Executive Directors elected on November 1, 1998 on assuming duties initiated a series of consultations with the multilateral agencies, including the UNDP, the ECA and the ADB, to address the above-mentioned concerns and to determine what form of collaboration would be required for other partners to participate in the PACT. Concurrently, the Africa Region Vice Presidency has also undertaken a series of consultations with bilaterals to resolve the differences of views and to address their concerns about the PACT.
Accordingly, Mr. Madavo has undertaken consultations in London, Stockholm, Washington and New York. Together, the consultations by the Executive Directors and the Africa Region Vice Presidency have involved the African Development Bank, United Nations agencies (UNDP and UNECA), the ACBF, bilateral and multilateral donors from the Nordic countries, the British (DfID), the Canadians (CIDA), the Dutch, the French, the Japanese, the Swiss, the Americans and various foundations and representatives of the private sector.
The consultations noted above have resulted in some modifications to the PACT which are likely to be broadly accepted by our development partners, and which should help in moving the process forward toward the formal launching of the PACT.
There is now a consensus that instead of a free-standing bureaucracy, the PACT should, at least for the first three to five years, be hosted by the ACBF. This would mean that the governance structure of the ACBF has to change to ensure that African leadership and ownership is reflected in the Board of Governors and the Board of Executive Directors. The ACBF is preferred because it would be relatively uncomplicated to add a new mandate to it, and the ACBF already has a roster of technical experts that could be utilised from time to time. A review of this association would take place after three years. If at that time it is perceived practical to merge the two that process should not be difficult and would likely be welcomed by the development partners. Additionally, a Consultative Group (CG) type of arrangement could be convened periodically (initially once every six months and annually thereafter) to sharpen ideas about capacity building in Africa. On the National Capacity Building Secretariats, the consensus is that these should be considered focal points, not blue prints, the location of which should be decided by the country concerned, to which technical assistance, could be extended. The role of other multilateral institutions in assisting African countries is fully acknowledged and it is agreed that they should play a more active role than originally envisaged in the PACT. It is suggested that the UNDP have a chair in the Board of Governors, that its technical experts be added to the roster for utilisation, and that it should provide assistance at the country level, in accordance with the priorities set by the country concerned. The Economic Commission for Africa (ECA) the African Economic Research Consortium (AERC) and the African Development Bank will provide their experts on an "as needed" basis, particularly on crosscutting and regional issues.
The business plan has an indicative figure of US$1.0 billion over five years. Some bilaterals have expressed concerns that the sum is too high and that it may put off partners who otherwise would support the proposal, even though it pales compared to the US$5.0 - 6.0 billion currently being spent on technical assistance in the region. It may also result in the diversion of resources from other worthy programs in support of Africa. The consultations have resulted in a consensus that the sum of US$1.0 billion should be seen as a global financing envelope which includes on-going activities that complement the PACT and to which all players, including other multilaterals, the bilaterals, foundations as well as the private sector will contribute. After the review at the end of three years, as noted above, the funding requirements will be adjusted, if necessary. Within the Bank, the African EDs support a proposal that management request from the Board US$25.0 million annually for five years.
The Committee of Insurance, Securities and Non-Banking Financial Authorities met for the 3rd time in Mauritius on the 25-26 February 1999.
CISNA had earlier requested to be considered at the same level as the Committee of Central Bank Governors, instead of having to report through the Committee of Senior Treasury Officials. While the SADC Ministers of Finance acknowledged the existence of the committee and their future workprogramme, they turned down CISNA's request. The Committee acknowledged the ministerial decision with some reservations relating to the committee's autonomy, a matter which will be pursued in due course.
FISCU also informed the meeting of the Ministers decision to adopt the so-called "Aide Memoire" as the route to be pursued by the Finance and Investment Sector in the formulation of the sector's protocol. A presentation on the proposed protocol process was made by FISCU, followed by discussions.
The meeting discussed issues relating to the signing of a memorandum of understanding between member countries. Countries were further urged to revisit the matter and sign memoranda of understanding on a bilateral basis.
Several papers were presented by various delegates, which were then followed by general discussions.
There was also a presentation on the Year 2000 problem and how it affected the finance sector, drawing on Mauritius' efforts and experiences.
The meeting then exchanged views on information exchange between supervisors in the SADC region. The meeting considered important projects currently underway. Furthermore, it was resolved that countries were to circulate copies of their respective Acts governing their country's insurance, securities and regulatory mechanisms.
The Committee resolved to meet again in Namibia before the year-end.
The World Economic Forum is a private organisation that aims to bring leaders from both the public and the private sector together. Beside their annual Summit in Davos, Switzerland, the WEF also organises regional summits, including one for Southern Africa (which is hosted in cooperation with SADC). This year's Southern Africa Economic Summit will be held in June in Durban, South Africa. FISCU is currently in the process of putting together a document for the Summit, which will contain profiles of all 14 SADC countries as well as profiles of the mining, transport and financial sectors.
The goals of the Durban Summit will be to provide a forum for the exchange of information and ideas between international and regional business executives, as well as to assist participants in expanding their network of contacts. The Summit also provides an opportunity for international business leaders to engage with key policymakers in the region and to share their expectations and ideas on topics such as economic reform.
The overall theme of this year's conference is "Responsible Leadership for Action and Growth", and topics to be discussed at the Summit include the following: -International financial institutions and SADC countries: how should the debt issue be approached?
What are the roles of the IMF and the World Bank in Southern Africa?
Black empowerment: what are the next challenges?
Regional monetary policy: ensuring growth in an era of volatility.
How can Southern Africa survive the global financial crisis?
SADC central banks: their agenda to harmonise and regionalise regulatory practices.
duplication versus complementarity. -How should Africa leverage the digital revolution -Capital and stock markets?
the next step towards harmonisation in order to maintain the competitive edge.
Activities at the Summit will include regional update sessions, highlighting the latest developments in key sectors in Southern Africa; interactive sessions, to address macroeconomic and microeconomic issues which the region is currently facing; industry-focused workshops; entrepreneurial sessions; country-focused networking; Southern African brainstorming; and plenary sessions.
Source: World Economic Forum web site, www.weforum.
Phakamani Hadebe left FISCU at the end of January, to head up the Department of Finance's directorate for domestic debt. Phakamani was one of the first staff members of the Unit and put a tremendous amount of effort into ensuring its success.
FISCU could like to congratulate Phakamani on his promotion and wish him well in his new job.
If you have any queries about the Finance and Investment Sector, if you have an event you would like to include in our forthcoming events column, or if you have any views you would like to air, please feel free to contact us.
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With the exception of the ever-productive Committee of Central Bank Governors, the work programme of the SADC Finance and Investment Sector has been rather sluggish over the past few months. Staffing problems at FISCU and uncertainty regarding the way forward with respect to the Finance and Investment Protocol, left the Unit with a lack of direction. However, things seem to be looking up for us at FISCU at the moment, with the appointment of a new Director and Deputy-Director. Furthermore, the forthcoming meeting of SADC Ministers of Finance is expected to provide some guidance on the formation of a Protocol. We are confident that we will be able to bring you some positive news in this regard in the next edition of the newsletter!
In the meantime, you can read about the first steps towards harmonising auditing and accounting standards in the region (page 1), as well as parallel financial integration initiatives taking place in the COMESA (Common Market for Eastern and Southern Africa) region (page 4). There is also a report of the SADC Committee of Central Bank Governors meeting, which was held in Swaziland in April (page 3).
As one of the means of improving investment flows to the SADC region, the SADC Finance and Investment Sector has decided to focus on the establishment of a sound financial accountability framework. Central to this is the adherence to international auditing and accounting standards.
During 1997, a programme was identified consisting of 5 projects focussing on the following primary areas, namely accounting, auditing and government accountability, business law, education and training, and internal audit in the public sector.
SADC's Accounting and Auditing Environment1 SADC Committee of Central Bank Governors3 Financial Integration Initiatives in COMESA......4 Y2K Meeting..................5 IMF Study on proposed FTA in SADC ......................7 IT Forum .....................7 EU-South Africa meeting...
EU-SADC Investment Promotion Programme9 Intra-Regional Capital Flows Project11 Background document to Southern African Economic Summit........................12 Forthcoming Events.........12 New Appointments.........12 Contact Details..............
the SADC Organisation of Supreme Audit Institutions (SADCOSAI); and the Institute of Public Finance and Auditing in South Africa (IPFA).
Some problems were experienced in getting the programme going due to the magnitude of the undertaking and the scale of donor assistance originally envisaged. It was thus decided to first conduct a preparatory study examining the feasibility of the programme. The feasibility study was conducted by Mr J G Laliberté, a retired Deputy Auditor General for Canada, with funding received from the Canadian International Development Agency (CIDA).
Fieldwork for the preparatory study was conducted during March and April 1999. This consisted of meetings with various representatives of the accounting and auditing sectors in South Africa, Mauritius and Mozambique as well as meetings in Botswana with representatives of the SADC Secretariat and the United States Agency for International Development (USAID). Selection of countries for participation in the study was based on the need to consult a representative cross-section of SADC countries in order to take account of the full range of auditing and accounting systems in the region.
Based on the fieldwork, Mr Laliberté has recently completed his draft report and is currently in the process of incorporating certain amendments and recommendations arising from members of the advisory committee. It is envisaged that a workshop involving all the SADC countries will be conducted during July 1999 in order to discuss recommendations arising from the study and in order to determine a way forward.
One of the most significant aspects of the draft report is a recommendation that attention be focussed on the possibility of creating a single regional body responsible for the governance of the accounting and auditing profession throughout the entire Region.
other administrative provisions.
Other aspects of the report relate to the need to ensure the effectiveness and independence of Auditors General in the region, the advantages of harmonising commercial law in SADC, recommendations for bringing about improvements in government financial and management information systems (including the move from accounting systems that are cash based to one that is based on accrual), and the important roles of parliamentary finance committees in overseeing public finances and in accounting to the general public.
Further details regarding the study's recommendations (including the future work programme of the SADC Auditing and Accounting Subcommittee) will be made available once these issues have been thoroughly debated at the forthcoming workshop. Also important in this regard is the identification of future funding requirements for the revised programme.
The Committee of Central Bank Governors (CCBG) held their biannual meeting on 9 April at the Royal Swazi Spa, Swaziland, an event which coincided with the Central Bank of Swaziland's 25th Anniversary. The turnout was impressive, with 12 of the 13 countries present being represented by their Governors. Governors J.C. Masangu Mulongo and S.M. Swaray, from the Banque Centrale du Congo and the Central Bank of Lesotho respectively, attended the meeting of the CCBG for the first time. Governor R. Basant-Roi attended the meeting for the first time in his capacity as Governor of the Bank of Mauritius.
The CCBG discussed the impact of the global financial crisis on exchange rate policies in SADC member countries. In addition, views on the effect of the increasing volatility in international capital flows on the economies of SADC member states in the face of financial liberalisation, were exchanged.
Each central bank gave a review of its status regarding Year 2000 readiness and progress made in establishing National Year 2000 committees in their respective countries. Several workshops aimed at capacity building, addressing the Year 2000 problem and enhancing awareness of emerging technologies and new business practices, are scheduled to take place over the next few months.
The meeting also reviewed progress made with existing projects and initiatives; including the development and automation of the statistical database; payments, clearing and settlement systems; the training of central bank officials; and the legal and operational frameworks of SADC central banks. In addition, progress on the latest projects and initiatives, namely, the role of SADC central banks in the operations and development of money markets and interaction in the area of central bank protective services in the region, was also reviewed.
Autonomous SADC substructures such as the Committee of Stock Exchanges and the Banking Association, which liaise with and report to the SADC Ministers of Finance through the CCBG, submitted progress reports in their respective areas. Efforts taken by these structures to foster and promote regional cooperation were noted. A progress report outlining the activities of the East and Southern Africa Banking Supervisors Group (ESAF) was also submitted.
The Committee of Governors paid tribute to Dr Stals for his contribution to the establishment of the CCBG.
Dr Stals will be retiring in August. As Chairman of the Committee since its inception in 1995, he has been a major driving force for closer cooperation in the SADC region.
The Committee was also fortunate enough to have an audience with His Majesty King Mswati III.
A Training and Development Forum Workshop, hosted by the Bank of Tanzania Training Institute, was held on 22 and 23 February 1999. Participants in the workshop discussed the vision, mission and the strategic and operational framework for the Forum.
The mission of the Training and Development Forum is to co-ordinate, provide, promote and facilitate human resource development in central banks of the SADC region, through the optimum use of resources.
In order to administer and organise the activities of the Forum, a Training and Development Forum Steering Committee was created at the meeting of the Committee of Central Bank Governors held on 9 April 1999. Representatives from the central banks of Botswana, Mozambique, South Africa, Tanzania (chair) and Zimbabwe are members of the Steering Committee.
The Training and Development Forum Steering Committee met on 24 and 25 May 1999 in Mozambique and the Forum is scheduled to meet again in Botswana during September 1999.
The Common Market for Eastern and Southern Africa (COMESA) is a regional organisation consisting of 21 member states. A large number of SADC Member States also belong to COMESA (formerly known as the PTA). Like SADC, COMESA is pursuing regional integration initiatives in the area of finance and investment. There is a lack of communication between the two organisations, however, which could possibly lead to an unnecessary and costly duplication of activities.
Furthermore, there are sometimes contradictions between what member states agree on in the COMESA and the SADC arena respectively. Co-ordination between COMESA and SADC is therefore essential in order to deal with this problem.
In an effort to improve communication between the two groupings, FISCU, together with representatives of the Secretariat of the SADC Committee of Central Bank Governors, met with officials from COMESA in April.
COMESA briefed the meeting on its Monetary Harmonisation Programme. The programme envisages a common currency in the COMESA region, issued by a common monetary authority, by the year 2025. The programme, which began in 1991, involves a gradual, four-stage, process. The first stage entails the removal of restrictions on imports from all COMESA countries. Most COMESA countries have already made good progress in this regard. At the same time, countries are encouraged to adhere to certain macroeconomic policies intended to bolster economic growth and stability, and to implement market-determined exchange rates regime. The majority of COMESA countries have adopted flexible exchange rates and are adhering to tight monetary and fiscal policies.
This initial stage is to be followed by the achievement of limited currency convertibility and completion of macroeconomic convergence. The third stage involves an exchange rate union, allowing the currencies of member states to fluctuate within a certain margin, with monetary policy being coordinated by a common monetary authority. Finally, monetary union would be achieved by the introduction of a common currency. One stumbling block in the process so far has been the fact that many COMESA countries have high levels of foreign debt, which imposes a constraint on macroeconomic policy.
COMESA further briefed the meeting on the Africa Guarantee Facility, which is designed to cover political risk at favourable terms for its members. The guarantee scheme is expected to benefit from the participation of the donor community, governments and domestically raised resources. The facility will be backed by IDA loan funds.
Another item that was discussed during the meeting was a regional payments and clearing system. COMESA informed the meeting of the activities of the COMESA Clearing House. This institution was originally established in order to facilitate trade between member states, the idea being that all trade transactions would be cleared through the Clearing House. However, with many of the countries liberalising their exchange control regimes, the need for the Clearing House fell away. COMESA informed the meeting of the activities of the COMESA Clearing House and the proposed line of converting it into a commercial cross-border payments and exchange scheme given the decline in its usage.
COMESA is planning on introducing a COMESA Smart Card to replace the PTA Travellers Cheques. Smart cards look like credit cards, but are equipped with microchips. The card acts an "electronic purse", allowing the user to load amounts of cash onto it from his or her bank account. The smart cards will be issued in all COMESA countries.
A brief summary of the PTA Bank's activities to date was also made. The Bank was formed to provide project financing operations in COMESA to promote intraregional trade and economic integration. At the moment, attempts are being made to increase the capital base of the Bank.
The COMESA delegation was later informed of the work of the Finance and Investment Sector in SADC. The briefing involved informing the meeting of the sector's historical background, its structures and all the projects undertaken by the sector to date.
Evident from the meeting, though, were differences in operational structures between the two regional groupings. COMESA formulates strategies and seeks approval from member states and senior structures in the organisation. In the SADC Finance and Investment Sector however, stakeholder committees and associations (a bottom-up approach) to a large extent, determine the development of programmes. Furthermore, SADC, although it aims to achieve a monetary union in the longterm, has not set specific time-bound targets to achieve this.
It is hoped that from this meeting a positive relationship will emerge between SADC and COMESA, and one which will be actively maintained.
(For more information on COMESA, visit their website at www.comesa.
The third regional Y2K meeting took place in Mauritius on the 29th -30th March 1999. This meeting was organised by the SADC Transport & Communications Sector and hosted by Mauritius's National Computer Board. The National Computer Centre (NCC) of the UK facilitated the meeting through funding provided by the Department for International Development (DfID).
The previous workshop held in Botswana in January had identified six critical sectors, transport, water, health, power, finance and telecommunications. Critical regional interdependencies were also identified and SADC states were to work together towards assessing and monitoring the current status, agreeing on plans for compliance and developing contingency plans. A list of action points was drawn with dates showing responsibilities for these actions. The workshop also agreed to convene subsequent meetings in April and June to assess progress on these issues.
However, realising the seriousness of the matter and state of preparedness of the region, the SADC Council of Ministers in their meetings in Lusaka in February 1999 directed the steering team to urgently convene a meeting before the end of March 1999. The steering committee is comprised of representatives from the Southern African Transport and Communications Commission (SATCC), SADC Secretariat and FISCU.
SADC Sector co-ordinators were also invited to these meetings for the first time.
During the March meetings of the steering committee, held in Mauritius, 12 out of the 14 SADC member states attended. This represented a substantial improvement in commitment, considering that only five SADC countries attended the Botswana meeting. These countries briefed the meeting on the status of their preparedness, allowing for a clearer view of the region's position regarding the Y2K problem. All SADC National Y2K Co-ordinators were given a questionnaire to complete in an effort to determine the region's preparedness. Leading sectors in terms of preparedness were the Finance and Telecommunications sectors with 50 percent implementation at the time of the meeting. Health and the public service were identified as sectors that were lagging behind in terms of preparedness in the region.
Most of SADC countries had put in place structures and appointed National Y2K Coordinators to drive the process. The communication and co-ordination process in the region appeared to be progressing well. While contingency planning had started with some of the countries, there was still no detailed regional status report.
The meeting realised the need to establish a legal framework to provide advice and guidance on such items as supplier redress in the event of non-compliance, liability issues, procurement procedures, terms and conditions for supply/buying. The issue of funding to assist in this endeavour was discussed and member states raised their concerns regarding availability of resources (financial and human).
At the same time as these efforts were proceeding, the Council for Scientific and Industrial Research (South Africa), supported by Commonwealth funding, was conducting a regional survey.
The meeting resolved that a SADC task force be put in place, to develop a methodology to assess monthly progress and to assist in co-ordinating regional Y2K activities. It was also decided that a "State of the Community" report be produced and updated regularly by the task force. The task force will also assist in providing advice, support and encouragement to national co-ordinators. This effort will ensure information and skills sharing, shared best practices and the monitoring and measuring of progress.
The meeting also resolved that the next meeting would examine issues of contingency planning. Member states were urged to create and update individual web sites to provide status of preparedness information to external investors and nationals. These countries were also to identify the areas where skills shortages exist and approach potential funding agencies for assistance.
The meeting will report to the next SADC Council of Ministers and Summit in August on progress made to date and on its future work programme.
June 1999 and will consider standard reporting mechanisms, self-assessments, contingency planning, testing of strategies and techniques, and disaster aversion.
A meeting comprising of SADC Secretariat officials, the IMF, and the co-ordinators of the Industry & Trade (Tanzania) and the Finance and Investment sectors, was held in Gaborone, Botswana on the 6th -7th May 1999.
SADC plans to establish a free trade area (FTA) eight years after the coming into force of the Trade Protocol. It is anticipated that the protocol ratification process will be completed soon. Currently there are a number of outstanding issues such as the consideration of the asymmetric tariff reduction strategy for different categories of commodities/products within SADC.
The SADC-IMF meeting was convened to consider the fiscal implications of a FTA for the region. The IMF's Fiscal Affairs department was asked to provide technical assistance in this regard. They will be conducting a preliminary study that will assess revenue losses arising from tax exemptions, looking at specific country positions and region-wide implications. Furthermore, the study will tackle the issue of rationalisation of tax systems in the region and how this could facilitate the regional integration objectives.
Special analysis would include the review of individual countries' prospective revenue losses that might arise from lowering current trade tax levels.
the SA-EU trade agreement, the proposed COMESA FTA, existing and bilateral agreements under negotiation, and current and future SACU revenue sharing arrangements.
The study will consider a wide range of issues around the subject including non-tariff barriers and trade facilitation, taking into consideration existing initiatives to promote national payments systems and looking at how these could be improved to facilitate cross-border trade. Other issues include efficiency and effectiveness of existing tax structures, administrative capacities, the allocative efficiency of alternative taxes, customs co-operation, trade data collection, and so on.
The study will also look at the possibilities of mobilising multilateral and bilateral funding. It will consider the role that the IMF can play - and whether it should be restricted to balance of payments support and the strengthening of economic and financial policies.
Once complete, the IMF study will form the basis of formulating a forward-looking plan of action for the SADC region.
The Forum was constituted in 1997 as a means of developing cooperation in the area of information technology between the central banks in SADC.
To support and enable the various initiatives of the Committee of Central Bank Governors with information systems.
To improve the capability of the information technology departments of the SADC central banks.
Development and management of a web site for Internet publications.
Development and management of an Interactive Web Site for hosting a collaborative work environment.
To encourage the increased use of e-mail within the SADC central banks for internal and external communications.
Development of databases for managing statistical and other data.
Assistance with the defining of harmonised business processes.
Human resource capacity building, technical and managerial.
Year 2000 compliance programme.
Emerging technologies and business practice monitoring and information sharing.
Development of a common long term vision for the information systems utilisation within each SADC central bank.
Development of common computing architectures.
Development of common, sharable applications.
An operational plan for the year 1999/2000 was submitted to the Committee of Governors at their April 1999 meeting. The Committee of Governors approved the operational plan.
The operational plan focuses on a number of different areas, including the Year 2000 compliance problem, and capacity building. With regard to the latter, a series of 8 courses will be held over the next 18 months. About 100 people from the entire SADC region will attend these courses.
The IT Forum also recognises the importance of keeping in touch with emerging business technologies and practices. A session will be devoted to this at the Forum's annual conference.
Other aims for the 1999/2000 period include increasing the utilisation of e-mail and Internet in each central bank.
The publications on the Committee of Governors website (www.sadcbankers.org) will be expanded and workshops will be held to encourage the working groups to publish their work on the Internet.
There is also an enormous potential to improve communication and minimise travel costs, by increasing the number of working groups on the Interactive Web Site. Groups can post information and hold discussions on the interactive web.
Significant effort will be made to assist the Bank Supervision Harmonisation Project specify appropriate business models, and the Forum will go further and investigate and determine the best possible information systems to support the harmonised Bank Supervision processes.
The World Bank has agreed to fund the activities of the SADC Central Bankers Information Technology Forum. An International Development Fund (IDF) grant application is currently being processed. Funds are expected to be available for use in September 1999.
Dave Mitchell, former Chairperson of the Forum has since been appointed to the position of Deputy General Manager of the National Payment Systems Department in the South African Reserve Bank. This newly created department incorporates the South African National Payment Systems initiatives and the SADC Payment System Project.
Eugene Sampson (Senior Manager in the Business Systems Technology Department of the South African Reserve Bank) takes over the Chairmanship of the SADC Central Bankers Information Technology Forum.
Rob de Jongh (Senior Manager in the Business Systems Technology Department of the South African Reserve Bank) has been appointed as the South African Country Representative and also as a member of the Forum's coordinating team (FCT).
Max Chisaka (Head of the Information Technology Department at the Bank of Zambia) takes over from Praveen Nagawa (Head of Information Technology Department at the Bank of Mauritius).
The Forum is continuing to make progress, although its work is hindered by lack of funds and appropriate personnel. With the acquisition of the IDF Grant the Forum expects to make speedier progress in delivering on its objectives.
B.T. Mamba, attended a workshop articulating guidelines for European Union Funded Projects in South Africa.
The workshop was held in the Human and Social Science Research Centre, Pretoria from the 10th- 12th May 1999.
The aim of the workshop was to provide guidance to project managers and other recipients of EU funded projects in South Africa.
The workshop included guidelines on the preparation of tender documents, project cycle management, development of work plans, submission of reports and their outline/format, understanding how the EU Delegation functions, and Commission structures and processes. Other areas covered involved the type and form of documentation expected at each stage of the project by the EU, matters relating to handling of finance, (budgeting, financing agreements and their implications, financial reporting, flow of funds, auditing etc).
Governance issues were also dealt with including the procurement of goods and intermediate supplies for the project up to the point of project closure.
The workshop gave a comprehensive rundown of the procedures and processes required by the EU in the area of project finance. A wide range of delegates attended the workshop including government departments and NGOs benefiting from the EU's assistance.
The EU-SADC Investment Promotion Programme (ESIPP) is joint initiative between the EU and the SADC Secretariat. Broadly, the initiative involves promoting co-operation between EU and SADC businesses. A total sum of EUR 14 million has been earmarked for the entire project, which will run over five years.
The main objective of ESIPP is to promote private sector development through investment, technical and economic cooperation. This will aid the SADC region in attracting higher levels of foreign direct investment through the unique matchmaking opportunities between EU and SADC businesses, which the initiative aims to create. The project's objectives will be realised by instituting forums for the following sectors: mining, agro-industry, construction materials, light engineering and tourism. Also, an electronic information system - to be called ENIE - will be put in place to enhance interaction between the two regions, and to serve as a source of information on investment opportunities. Furthermore, the programme will provide for project and institutional support, especially to local intermediary organisations such as investment promotion agencies or authorities.
The Steering Committee, which will provide the overall policy framework within which the Programme Management Unit is to operate, and the annual work programme for ESIPP.
The Project Management Unit (PMU), which will consist of two branches, one within SADC and another in Brussels. Its primary goal will be to act as an active centre for the promotion, co-ordination and administration of the entire programme. It will also oversee the establishment of sector and sub-sector forums as regards, for example, project appraisal.
Both these structures are to be staffed from various interest groups, such as FISCU, EU, SADC Secretariat and others.
A workshop was held in Botswana, on the 19th - 21st April 1999, to prepare for the finalising of the financing proposal and to develop a set of terms of reference for the ESIPP initiative. Consultants gave a presentation on the programme, and delegates were given the opportunity to deliberate on certain pre identified sections of the programme through the working groups.
The Botswana workshop was therefore a continuation of the wide-ranging consultative process with the various stakeholders. The objective of the workshop was to assemble together the various regional and foreign stakeholders, such as investment promotion agencies, European Commission, SADC Secretariat, and the private sector to chart a way forward regarding the implementation for the programme.
Some of the issues that were raised at the workshop concerned the sustainability of ESIPP after the five-year period, the staffing of the PMU and the sequencing of sector (and sub-sector) forums.
The proposed list of sector forums, consisting of mining, agro-industry, tourism, building materials and light engineering, should be adopted. Companies with established record will be targeted.
The ENIE should be considered as an integral component of the ESIPP.
It will be complemented by various other nonelectronic means.
The sub-sector forums will cover all sectors. Applications to organise sub-sector forums could come from any organisation such as the investment promotion agencies, local business organisations, etc., and specialists from the EU's Centre for the Development of Industry, SADC, the European Commission and other financial institutions, should be involved.
The PMU should be staffed with both EU and SADC residents. EU participation will be reduced after three and a half years to allow for greater local participation and ownership.
Focal Points in each SADC member country should be established. These focal points will be involved in project preparation, and the submission and screening of applications.
In terms of third country participation in the initiative, a distinction was made between countries from developed world and non-SADC countries.
The decisions workshop are incorporated into of to a the be draft financing proposal, which is currently being evaluated by the EU member states for approval.
In our September 1998 edition, we reported on a project being jointly undertaken by the Centre for Research into Economics and Finance in Southern Africa (CREFSA) at the London School of Economics, and External Finance Africa. FISCU staff members Themba Zulu and Rosalind Mowatt were part of the South African research team, along with Andrew North of the University of Cape Town. The project will culminate in a workshop to be held in Harare on 21-23 June.
The aim of the project was to collect data on intra-regional capital flows. Data on investment taking place within the Southern African region is very limited. It is crucial information for the SADC Finance and Investment Sector however, as one of our mandates is to promote crossborder investment in the region. It is therefore essential that we have an idea of existing patterns of intraregional investment, and what determines these patterns.
The project also has a strong practical aspect in that it requires members of each country research team to gather the necessary data by conducting surveys. This builds capacity and gives team members an understanding of the problems inherent in their existing balance of payments data collection methods.
As the research team assigned to South Africa, our tasks were slightly different to those of the other country teams involved (Mozambique, Tanzania, Uganda, Zimbabwe and Zambia). The South African Reserve Bank was able to provide us with "ready-made" data on South Africa's international investment position (i.e. SA's assets and liabilities) with respect to SADC. Our questionnaires were therefore based on finding out why various South African companies had invested in the region. The research also involved conducting interviews with high-level managers at SA companies that have invested in the SADC region. All in all, about 30 companies were surveyed, including Avis, Anglo American, Shoprite Checkers, Afrox, South African Breweries, Avmin and Standard Bank.
The second part of our research involved analysing the data provided by the South African Reserve Bank, which also yielded some interesting results.
Thanks to CREFSA, who you are an e-mail subscriber, hosted us in London for two please bear in mind that we We are also expecting our new weeks while we were writing may not have your postal Director to join us shortly.
up our results. address.
Our findings, along with those Economic Forum document, Manuel's press secretary.
of the other countries, will be please do let us know (by e- Logan holds a Masters degree presented at the workshop in mail/phone/fax) what your in Public Administration.
June. Expect a summary in postal address is.
the next edition of the will hopefully add even newsletter!
Background Document Forthcoming Events process of regional financial integration.
FISCU has spent a lot of time over the past three months 21-23 June: CREFSA Workshop on Intra-Regional that you are going to enjoy working with us.
putting together a document Capital Flows, Harare.
Economic Summit.
The document, which is being produced for the third consecutive year this year, contains economic profiles of all the SADC countries, as 4-6 July: Southern Africa Economic Summit of the World Economic Forum, Durban If you have any queries about the Finance and Investment Sector, if you have an event you would like to include in our forthcoming events well as details on investment incentives and opportunities. This year, an additional 8 July: Committee of SADC Ministers for Finance and Investment, Lesotho. column, or if you have any views you would like to air, please feel free to contact us.
has been added.
the financial services, mining, lindiem@finance.pwv.gov.
attracting a significant amount of interest lately. are about to get some relief! mambab@finance.pwv.gov.
The document will be published in early July. Subscribers to FISCU's newsletter will receive a copy Phemelo Marishane joined us on the 1st of June. Phemelo was previously with the Northern Province Education Huntly Pringle (Deputy-Director): 3155967 E-mail: hpe1@mweb.co.za of the document by mail. If Department.
Postal address: FISCU, Department of Finance, Private Bag X115, Pretoria, 0001, South Africa.
Editor: Rosalind Mowatt Contributors Bhadala Mamba, Huntly Pringle, Themba Zulu, Eugene Sampson, and Yolande Poley.
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In June 1996 we launched the government's macroeconomic strategy document, entitled, Growth Employment and Redistribution. If, at the time, one had advised us that within two years the gold price would have fallen by a third, and that the world economy would have suffered a financial meltdown whose only precedent was the events of 1929, we would have doubted their sanity.
Unfortunately, these things came to pass. A year after the Russian crisis and the contagion that South Africa suffered as a result of this event, it is time to reflect on our approach to macroeconomic policy and whether GEAR, as it is known in South Africa, has served us well over the intervening years.
The question at hand is what, if any, modifications should be made to the framework in the light of recent global developments.
Many of our European counterparts are trying to decide whether there is life after the Euro. Maastricht was the precursor to the Euro. Under the GEAR framework South Africa meets almost all the criteria set out in the Maastricht Treaty. Unfortunately, this did not protect us from the wave of uncertainty that swept the financial markets. It does, however, provide a very sound foundation for a rapid and sustainable recovery.
How should a country like South Africa respond to the challenges and opportunities that arise in globalization?
President Mbeki, in his address to the OAU Assembly of Heads of State and Government in July said, " (the situation) calls for our conscious and deliberate intervention in the process of globalization, as Africans, to produce these results of ethics, equity, inclusion, human security, sustainability and development".
A range of analogies have been used to describe the experience of smaller countries in globalization. These normally involve references to small boats in choppy seas or airplanes in turbulent skies. My preference is the analogy of the airplane. Assuming that the speed and efficiency of air travel is preferred to that of travelling by sea, policy makers need to ensure that the economy is more like a modern jet liner than the rusty propeller-driven hulks which serve little purpose besides points of study for aviation historians. President Mbeki, furthermore, entreats us to ensure that the plane is piloted - failing which you could never achieve the desired outcomes.
Does GEAR provide the South African economy with a modern jet liner, delivering the growth and development we require most efficiently We believe it does?
The first theme that I would like to highlight is that our experience with GEAR has shown that there are no trade-offs between growth and development. A sound macro economic foundation is essential for the achievement of sustainable development. Despite our critics, we have stuck to the fiscal framework we outlined in 1996, and have at the same time achieved many of our social objectives. Since 1993, the fiscal deficit has fallen from 10.3% to the current 2.7% of GDP and the level of government expenditure has been stabilized as a proportion of GDP.
We have implemented a new structure of intergovernmental relations, created nine provinces out of the administrative chaos of apartheid. In the course of this, we have also notched up significant successes - just last week we released an Intergovernmental Fiscal Review which details the turnaround in public finance management by our nine Provinces - from a position of deficit to the present consolidated surplus.
The government's commitment to reconstruction and development has at the same time never faltered. Many of the social objectives set out in 1994 have been achieved.
Since 1994, the Department of Water Affairs and Forestry has brought 25 liters of potable water per person to 3 million people and has created 100 000 jobs every year. There are currently 1000 new water projects underway, expected to serve 4,9 million people.
Land reform is gathering momentum. Under the land redistribution program 179 000 hectares of land had been transferred to approximately 33 000 households.
Educational enrolment has increased by over 1.5 million since 1994, while the average number of learners per teacher has decreased from 40 to 34 over this period.
The housing subsidy scheme launched in 1994 has contributed to the building of 629 000 homes. Approximately 904 000 subsidies have been approved since 1994, compared to what many considered an ambitious government target of 1 million.
In a very short period of time South Africa has established a social safety net unparalleled amongst middle income countries. The state currently provides a non-contributory old-age pension of approximately 75 dollars per month to all elderly people below a certain income level. In 1998, a new social grant was introduced to provided assistance to care-givers of children under the age of seven.
The primary school nutrition program now reaches approximately 5 million children in poor communities, contributing to their nourishment, enhancing learning capacity and creating many employment opportunities.
Primary health services have been expanded and are largely provided at low cost. Government has built 638 clinics over the last four years, introduced a cost effective essential drugs list and conducted successful immunization campaigns and HIV/AIDS awareness programs.
All these social objectives were achieved despite the demands of dismantling the inefficiencies of the apartheid system and rebuilding new and more effective institutions, in many cases from scratch. In this, South Africa's second term of democratic governance, the government has committed itself to be 'a nation at work'. The difficult task of laying the foundations has been achieved - the next five years will see these past successes built upon to ensure an even greater acceleration in the delivery of basic services to all. We will continue to communicate openly with South Africans about what remains outstanding by way of service delivery. We can only strengthen democracy by such communication , and by ourselves being at the helm of a constructive impatience about improving the quality of life of our people.
Turning away from fiscal policy, it is clear to us that the other macro economic reforms we have implemented under the GEAR program also served us very well in the turbulent conditions of last year.
The second theme I would therefore like to raise is that of openness.
We have committed to creating an open economy. It seems clear that countries that have been more open to the world economy have prospered more than those that have been less open.
We have signed a free trade deal with the EU and will shortly ratify the SADC trade protocol in Parliament. These two agreements will have a dramatic impact on the structure of the South African economy. On these issues too, we are engaged in detailed communication - free trade agreements are never supported across all of society.
The SADC agreement lays the foundation for the emergence of a single regional market in Southern Africa, creating huge opportunities for firms throughout the region.
The former - the EU agreement - allows South Africa to catch up in terms of preferences with many other countries having trade relations with the European Union. South African firms will gain enhanced access to the second largest market in the world, while increasing competition in the domestic market should focus investment on areas in which South Africa has a comparative advantage.
Openness also implies opening previously protected domestic sectors to foreign investment. Specifically, foreign investment in state-owned enterprises allows for access to cutting edge technologies and increases the effectiveness with which these entities can deliver on the rollout of essential services. Private sector finance allows for investment in much needed infrastructure without further burdening the fiscus. We are committed to continue the restructuring and privatization process through both the sale of strategic stakes to international players and partnering with the private sector in infrastructure development.
On the capital account, South Africa remains committed to the gradual liberalization of the capital account. These controls will continue to be reduced in a manner that does not destabilize the market, while ensuring that the financial system manages its risk exposure in a prudent manner.
This brings me to the third theme I would like to address, that of financial systems and their regulation. In globalization, with the instant payment system implied by e-commerce and the enormous complexity and sophistication of financial markets, ensuring that the financial system can handle rapid changes in the level of inflows and outflow is critically important.
Firstly, as financial flows are far larger than central bank reserves, the rationale for defending the currency is questionable. The Rand, as a result, is a floating currency. This has many advantages. Most importantly, it avoids the type of exit problems associated with currency pegs. We are convinced that our banking system survived the difficulties of last year because the experience of currency movements in previous years had shown the Banks the value of having in place highly effective risk management systems and the need to be constantly conscious of the dangers of currency exposure.
Secondly, we have established an independent central bank that determines interest rate policy on a day-to-day basis depending on underlying market conditions. Government will shortly be adopting an inflation-targeting regime to formalize the objectives of monetary policy and the level of instrument independence enjoyed by the Reserve Bank. This will serve to entrench the success we have already seen in attaining the goal of relative price stability.
the lowest level in 30 years.
We have also taken a decision to no longer engage in forward transactions, and to reduce, over time, the Reserve Bank's existing exposure.
We are also committed to ensuring that our financial markets continue to be well regulated and meet the standards set by international best practice.
This has entailed a busy program of legislative reform, as well as the restructuring and modernization of the South African financial exchanges.
We believe that the combination of a floating exchange rate, a sophisticated, modern, well capitalized and well-regulated financial market, and an independent central bank provide the best framework for the management of capital flows.
I would like to end my presentation here to day by reiterating our commitment to the principles of macroeconomic policy as established in the GEAR, that I believe have set South Africa on a steady course despite the turbulence we might experience. These are that there is no choice between growth and sustainable development, our commitment to democracy demands that we attain both.
Government has achieved many of its social objectives while at the same time strengthening the macroeconomic policy environment.
South African policy makers have embraced openness and believe that South Africa's future lies in being a competitive participant in a globalized economy.
And finally, that we are committed to a world class monetary and financial framework to ensure that capital account liberalization is to our advantage, not disadvantage.
Amartya Sen, the 1998 Nobel Economics Laureate said, " Political freedoms (in the form of free speech and elections) help to promote economic security. Social opportunities (in the form of education and health facilities) facilitate economic participation. Economic facilities (in the form of opportunities for participation in trade and production) can help to generate personal abundance as well as public resources for social facilities. Freedoms of different kinds can strengthen one another."
It is this compelling logic that gives the continuing rationale to what we seek with GEAR. For this reason then, the command is for full throttle ahead and we will fly according to the flight-plan we filed.
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Welcome to this Spring edition of the Finance and Investment Sector News. FISCU also appears to be undergoing something of rebirth, with the appointment of a new director, and with a decision finally having been made on the development of a Finance and Investment Protocol. You can read an interview with FISCU's new director on page 6. The leading article this quarter is the meeting of the SADC Ministers responsible for Finance and Investment, which took place in July, with gold sales and debt relief being the hot topics. The latter subjects were also discussed at the SADC Summit in Mozambique, which you can also read about, on page 9.
The SADC Ministers of Finance and Investment held their fifth annual meeting in Maseru, Lesotho on 8 July 1999.
development of a sectoral protocol and specific Annexures over a 2 year period (July 2001 to June 2003); -agreement on a SADC Finance and Investment Protocol by July 2003; and -ratification by parliamentary legislatures of member states by July 2004.
This approach relies on functional co-operation as a prerequisite. It is anticipated that functional co-operation will result in the establishment of sound working arrangements and the completion of preparatory work encompassed in the sectoral work programme by the time the protocol is in place and ready for ratification.
The proposed sale of gold by the IMF, support for the sale by the G8 countries and the sale of gold reserves by the UK government were identified as the major causes for the fall of the gold price.
From the Editor's Desk1 SADC Ministers of Finance2 Workshop on Intra-regional capital flows..................3 Gender mainstreaming.....4 SADC Sector Coordinators .................................5 SADC-USAID..............
Interview with Logan Wort 6 SADC Summit 9 Southern Africa Economic Summit.......................10 Forthcoming Events ......13 Welcome ...................13 FISCU Contact Details...
Concern was expressed regarding the impact of the sale of gold on goldproducing SADC countries and the associated impact on employment levels in Lesotho and Mozambique given that these countries supply about 46% of the gold mining labour force in South Africa. The impact for these countries will therefore be on remittances, which form a major part of revenue earnings for these countries.
Dr K Syamujaye, Chairman of the SADC Ministerial Committee of Mining, made a presentation on the negative impact of gold sales on SADC countries. Ministers also requested the chairperson of the Committee of SADC Ministers for Finance and Investment, to communicate with the British Chancellor of the Exchequer, Gordon Brown, to examine means of avoiding further auctions of gold by the UK government. The chairperson was also asked to communicate to IMF SADC Ministers' concern regarding the intended sale of gold by the institution and its adverse effect on some of the very countries it wishes to assist.
Having periodic reviews of the eligibility criteria and consistent interpretation of track records. Countries such as Tanzania and Ethiopia will only qualify for HIPC in the year 2001, though they have had a good record of fiscal reforms for over 5 years. -Shortening the interim period of debt relief from six to three years for countries that implement IMF/ World Bank reform programmes, have social welfare programmes in place and observe the principles of good governance. -Reviewing debt sustainability ratios in order to provide deeper and wider debt relief. -Encouraging additional contributions to the HIPC Trust Fund since the lack of financing is the major obstacle to implementing the Initiative.
The relationship between SADC and the World Bank should be underscored by the need to bring about economic prosperity through structural transformation of African economies, industrialisation and capital accumulation. Further emphasis was placed on the need for infrastructural development, poverty eradication and human and institutional capacity-building in a manner that preserves Africa's resources.
Ministers discussed the declining trend of investment in the region, especially foreign direct investment, in light of shrinking domestic savings in member countries and the existence of foreign exchange controls that inhibit investment. Emphasis was placed on the importance of combining sound macroeconomic policies with efforts to attract investment to the region.
The Committee of Central Bank Governors presented reports on work conducted on recent economic developments and statistics for SADC countries. Another report dealt with work undertaken on national payment systems while a third report explained the training of officials on banking and economic issues in the region.
There was also a discussion on Year 2000 compliance. This discussion focussed on six broad areas of need.
Ministers were assured that remediation programmes are already in place to deal with the problem at a SADC level.
The 6th annual meeting of SADC Ministers of Finance and Investment will be in Mozambique in July 2000.
As reported in the last edition of the newsletter, two FISCU staff members have been involved in a project coordinated by the Centre for Research into Economics and Finance in Southern Africa (CREFSA) at the LSE, and External Finance Africa. The subject of the project was intra-regional private capital flows in Eastern and Southern Africa. A closing workshop was held in Harare, Zimbabwe, on the 21-23 June.
Six countries from the region were involved in the project, namely Zimbabwe, Zambia, Uganda, Tanzania, South Africa and Mozambique. The task of the country team was to collect data on intraregional capital flows, both qualitative (investor perceptions) and quantitative (for balance of payments statistics). Two economists from FISCU, Rosalind Mowatt and Themba Zulu, made up the South African research team. Each country research team presented a report at the closing workshop.
Overall, the project seems to indicate that regional direct investment is small but growing. This is due to South African companies moving into the region, as well as to outward investment from Zimbabwe, Kenya and Mauritius. South Africa was found to be an important source of direct investment in Eastern and Southern Africa, especially in Zimbabwe and Mozambique. There was also an indication that trade flows were closely related to investment flows - the patterns of intra-regional investment noted for the SACU countries, for example, were quite different to those of the other Southern and Eastern African countries. The project also found that equity finance was more important than non-equity finance for regional enterprises.
On the investor perceptions side, the various country studies showed a broadly positive picture of the investment climate across the region. The South African study showed that investors believe that conditions for investment are improving, and are taking a long-term view of investment. Some of the more negative factors highlighted, however, included infrastructure, financial factors and some features of governance.
The country reports also highlighted the difficulties inherent in collection reliable data on capital flows. There was a low response rate to questionnaires, and sometimes the forms were misunderstood by respondents. Ways and means of improving the response rate and on following up nonrespondents were discussed. The removal of exchange controls in many of the countries had also meant that an important source of capital flows data was lost.
The workshop was opened by the Governor of the Reserve Bank of Zimbabwe, Leonard Tsumba.
Some interesting conclusions were drawn from the South African report, which was compiled by FISCU. Looking at data from the Reserve Bank, it was discovered that South African investment in Eastern and Southern African had indeed increased markedly, with direct investment accounting for most of this increase. The their clients into the region. FISCU would welcome any paper further suggested that Investment incentives (tax comments or questions on the the Reserve Bank's figures holidays etc) were found not South African study. See the last may underestimate the value to be a primary reason for page for contact details.
by De Beers and South African Breweries seem to be financed through foreign subsidiaries. To escape was important.
African companies important. for gender mainstreaming in established international all aspects of its work, subsidiaries, and continue to One general criticism was including its development of finance their overseas that often government a regional macroeconomic investments in this manner. institutions in a particular convergence framework.
It was also noticed that country had conflicting instance, one of the issues of investment flows closely attitudes towards foreign concern in gender paralleled trade flows in the investment. A multiplicity of mainstreaming is to have region. South Africans hold a agencies dealing with gender receiving attention in far greater proportion of investment promotion and budget policy making. Some their assets in countries with facilitation was also found to Member States, for example which SA has a strong create problems and cause South Africa, are in the trading relationship e.g. costly delays.
Botswana, Zimbabwe, government intervention in "woman's budget."
Namibia). SA assets in the the economy was viewed region constitute but a small negatively by the companies FISCU gives full support to proportion (2.6% in 1997) of interviewed.
SA's total foreign assets, plan of action that aims to however - so South African In spite of the sometimes ensure the development of investment in the region is difficult conditions, however, a policy and institutional still small, but growing.
The investor perceptions in the region.
which influence the regional opportunities for investors.
South African companies.
Investors appeared broadly investors are more willing to strategic partnerships with positive about the region and accept some of the inherent other gender formations to its prospects.
African investors saw the understand the varying mainstreaming in the sector rest of Southern Africa as a situations in the different at the earliest stage possible natural extension of their countries, slightly better than and to deepen understanding market, with similar cultural their overseas counterparts of gender-based analyses.
and social institutions. Also, do. FISCU will endeavour to companies in the service promote gender sensitization sector were often following in various sub-sectors of Finance and Investment.
FISCU sent a delegate to this year's annual meetings of the SADC Regional Advisory Committee on Gender. Senior Officials as well as Ministers responsible for gender were in attendance at the meeting, held in Malawi from 24 to 28 June 1999.
Highlights of the meeting included gender training for delegates who had not participated before, proposals for capacity building for gender mainstreaming and a proposal containing terms of reference and budget for a gender audit of SADC sectors. The gender audit aims to study policies, projects and activities of, the various SADC sectors, including FISCU, with a view to recommending concrete sector-specific gender mainstreaming interventions.
July 1999 in Gaborone, Botswana. These meetings between the SADC Secretariat and the Sector Coordinating Units (SCUs) are held annually. This particular meeting was called to review the work of the SCUs in preparation for the SADC Council of Ministers and Heads of State Summit which was to take place the following month.
The meeting received reports from all the Sector Coordinators relating to their work in the last twelve months. It also looked at cross-cutting issues between sectors, progress with projects and relations with the organisation's co operating partners. The meeting provided an opportunity for interaction between the SCUs and the sector desk officers stationed at the SADC Secretariat in Botswana.
The meeting discussed the work to be presented to Council for consideration and the decisions requested of Council to take in driving the work of SADC. In this regard, the meeting considered the annotated agenda of the SADC Council of Ministers and identified other issues that should be brought to Council. These issues incorporated various aspects of the SADC sectors' work programmes and included matters that needed a Council decision.
FISCU, together with other SADC Sector Co-ordinators, was invited to attend the first SADC-USAID Program Review Workshop, which was held in Gaborone, Botswana, on the 14th July 1999. The meeting was also attended by USAID' Botswana resident staff, the SADC Secretariat and US government officials from Washington. SADC holds similar annual consultations with all its other cooperating partners to review progress made on projects, to assess strategic plans and to discuss ways of improving co-operation and delivery on existing and envisaged future projects.
The workshop was a follow-up to a high level meeting between the US Government Ministers' meeting with SADC Ministers which was held in Gaborone on the 14-15 April 1999. This meeting was aimed at establishing political contact between the US Government and SADC. The Joint Programme Review (JPR) was therefore, the technical arm or means of ensuring the achievement of these political objectives. The meeting, the first meeting of the technical staff dealing with projects, had a number of objectives. The main objective of the workshop revolved around the development of regional program of action for the purposes of establishing inter-sectoral networks and for information dissemination and sharing of ideas. Integral in this respect was the identification of current projects on the ground looking at how they have been performing up to the time of assessment.
The US Ambassador to Botswana, who is also the US Government's representative in SADC, officially opened the meeting. The Director of the Regional Centre for Southern Africa, Ed. Spriggs, and Dr. Felix Kani, Chief Economist in the SADC Secretariat, also gave a short overview and background on US-SADC co-operation.
FISCU gave a background to the Finance and Investment Sector in SADC, recent sectoral developments and structures, and work programmes. The meeting was also informed of the outcome of the SADC Ministers of Finance meeting in Maseru. After the presentation, there was a brief on the activities currently being funded by USAID in the region. Discussions on potential future programs, and on how co-operation between SADC Sectors and the USAID's Regional Centre for Southern Africa could be improved.
USAID had funded part of the Finance and Investment Sector protocol formation process, up to the stage of the development of an aide memoire. This aide memoire was adopted by the Finance Ministers as a strategy for developing the sector's protocol.
The meeting then discussed broad areas of USAID's involvement in SADC, and how further co-operation could be enhanced in these areas.
FISCU together with SATCC-TU and the Mining Sector (co-ordinated by Angola) participated in the Market Integration group where its work and mediumterm objectives were presented. The consolidation of the work of the three subcommittees forming the core of this presentation and ensuring that progress and momentum made under the SADC Governor's committee was maintained.
USAID and SADC pledged to strengthen the existing relationship by either expanding co-operation in existing projects but forging links in other possible new areas of co-operation. The meeting resolved to hold similar meetings in future.
Logan Wort joined FISCU at the beginning of July this year. The Finance and Investment Sector News interviewed Logan to discover what his aspirations for the Finance and Investment Sector are.
Can you give us some background on your career up to now?
I started off working in the insurance industry. In the 1980s, I worked full-time for a short while for the Cape Youth Congress. I was a youth organiser; we organised nationally for the establishment of the South African Youth Organisation, which eventually became SAYCO (South African Youth Congress). Then I worked for an Education Resource and Information Project at the University of the Western Cape, where I was involved in leadership training of youth and students, and occasionally got involved in trade union work. My career in management started with my engagement with the University of the Western Cape, where I was employed in the human resources department, responsible for the social responsibility programme and employee benefits. In 1996 the Western Cape Provincial government recruited me as a private secretary for the then-MEC for Health. I was a media officer, private secretary. The coalition between the NP and the ANC in the Western Cape ended and I had to leave with the MEC for whom I worked. That's how I ended up in Finance. The Minister (of Finance) invited me to apply for a position as parliamentary officer. In the same week that I started he seconded me to his office as a media person for a few days - it ended up being 18 months! Then I was invited to come and head FISCU. One of the key reasons why they felt I was appropriate to head FISCU was that I have a management background. Also because regional integration issues are highly political issues, and they felt that my political experience would help in accelerating financial integration.
I was never a full-time student. I started studying in 1986, I started my first year BA as a part-time student in prison, actually - through UNISA. But I couldn't really study in prison, and I was released halfway through my first year. I restarted my BA in 1988 through the University of the Western Cape. I always studied parttime and I completed my Masters degree in Public Administration at the end of 1997.
Has your experience at FISCU so far been different to what you expected - how have you found the past two months?
My first two months at FISCU have been both overwhelming and exciting. Overwhelming because of the scope of the responsibilities of FISCU the scope of regional integration in the area of finance and investment is very broad. FISCU's focus on four areas - monetary and financial issues, investment promotion, development finance, and macroeconomics - is too broad to really apply itself to the direct areas of integration. Issues of accounting and auditing, and non-banking regulation, and even the whole question of information technology, are largely not addressed by the sector, for example. It's overwhelming in the sense that the challenges facing the Finance and Investment Sector are only just beginning to be met by FISCU. Overwhelming in the sense that FISCU really needs to up its pace of work and output, as well as its interaction with member countries. It must participate more, it must be much more interactive. Its budget must increase, and its staff complement must increase. FISCU's status within the region, but also within the South African Department of Finance, needs to be reviewed if it wants to meet the challenges of regional integration.
It's exciting because South Africa is very well resourced to lead the integration process in the region. It's got the correct attitude, the correct spirit, the correct vision, and it also seems to have the moral position to take with it both better and lesser developed countries. This is a position that can be built on to an unlimited extent. It's also exciting because the FISCU staff lend themselves to that exciting challenge - I think we have a nice young team, who seem to be willing, given the correct leadership, and who, it seems to me, can grow with the programme to become professionals in their own right. It is also important that we, in the longer term, engage other regional individuals within the Finance and Investment Sector.
With the exception of the Central Bank Governors, there hasn't been much progress in the region with regard to Finance and Investment. What in your opinion have been the main obstacles to this?
I would want to identify broadly two areas - one, the lack of a manager within the Unit. I didn't realise the extent to which it had an impact, but now I'm beginning to realise that in FISCU there was clearly a leadership vacuum. The kind of leadership or management style that I want to introduce, is not only to fill the leadership vacuum, but to enable the FISCU team to be able to operate even with a leadership vacuum. And so, yes, one of the reasons for the stifled growth, especially on the side of the Senior Treasury Officials, has been the lack of leadership and direction due to the departure of the previous Director. The remedy is not necessarily the fact that I'm now here, the remedy is more long-term in that FISCU as a team might be enabled, so that FISCU runs whether it has a manager or not. I think the broad context, the broad vision and mission, the details of the individual and collective work programme of FISCU, should be to enable the FISCU team to manage the programme themselves. Maybe because such a vision and programme was absent originally, it had the kind of negative impact on the structure that I hope we can remedy.
I think the very important other factor which contributed to the stifled development on the Senior Treasury Officials side, is what I perceive to be a weakness in the way that side of the FISCU operation is structured. One, there seems to be a very weak form of co-ordination between member countries. There seem to be very poorlydefined programmes of action for the subcommittees, ill-defined roles for the chairpersons or the co-ordinators of these subcommittees, and far too infrequent interaction in the form of meetings and projects between countries and senior officials, and clearly that affected the level of output. And the level of output means integration. So, because of the urgency of integration - not only because of the political correctness thereof - because of the urgent need for investment, because of the urgent need for development finance, and because of the urgent need for macroeconomic convergence, there's a lot of pressure on FISCU, and on national governments to address structurally the problems facing that side of FISCU's work.
Do you have the sense that there is sufficient political will in SADC for the Finance and Investment Sector to really achieve a lot?
In my two months here, I have no reason to doubt there is political will. To say there is "sufficient" political will is difficult to say. "Sufficient" is a very relative term, it's really academic. Political will does exist. What there isn't, is the concomitant action to give meaning and content to that political will. My own view is that national governments, central banks and treasury officials, should adopt and internalise that political will for regional integration. It must be part of their national agenda, so that when there are integration initiatives, there should be an eagerness to want to co-operate and those perceived obstacles and threats that come with integration, should be dealt with very early, very upfront, very soberly. It's integrate or perish, really. And because we realise it's integrate or perish, only we can solve those fears, those threats, those problems, that come with integration. We should rather focus on the strengths and deal with them. That must be internalised by national governments for it to work on a regional level. And therefore the roles of the leaders of the subcommittees with FISCU, and the Senior Treasury Officials and the Central Bank Governors, become paramount in the way that they lead the process.
Do you have a vision for the Sector, and what would you like to see it achieve over the next year?
It's very practical. Between now and the next Finance Ministers meeting (in July 2000), we must have a very detailed and definite work programme, including dates and timeframes for each of the subcommittees. We must have the principlesframework that will guide us with the Protocol, and we must have the basic elements of our first core Protocol. For me, if we achieve that then we have achieved a lot. That's one. Two, we must have the three Senior Treasury Officials subcommittees up and running, with meetings, programmes and targets. And thirdly, the research and academic capacity within FISCU must be re-ignited and marketed. In fact, within the next three years, FISCU must become the regional reference point on finance and investment.
Why will the Finance and Investment Sector only be coming up with a Protocol in 2004?
Two reasons. One, because the Finance Ministers decided so! But really, the thinking behind it, on the side of the Finance Ministers and the Senior Treasury Officials, was that we prefer a developmental, functional, sequential approach to the development of the Protocol. For us, the Protocol must be the result of a series of activities or agreements or actions that are operating. One can try to create the ideal protocol and try to implement it; this is the general approach that SADC is following. And if that works, it's fine. Our understanding with the Finance and Investment Sector, is that confidence is often built through what exists. Investment comes through infrastructure existing, through payments systems that work, and so on. And so for us, a Protocol must be the culmination of a series of integration policies that operate and exist. Two, for us, to facilitate the process of writing up a Protocol and getting it ratified is far easier when you write up something that is already operating, and have it ratified because it operates, than to write-up something, have a debate for two years, take another three years to have it ratified, and then taking the next five years to implement it - you've lost so much time. And, like I said, for us in the region - given the globalisation of the economies of the world, given the vulnerability of international financial markets - for us it is integrate or perish. Investors don't want to invest in a country, they want to invest in a region. And when they invest in a region, they don't see borders. And we in the Finance and Investment Sector need to find a way to destruct those artificial borders without undermining the political and other sovereignty of hardearned freedoms of these 14 countries.
This year's SADC Summit was representative of the significance of improved relations across nations and the region. The Presidents of Nigeria, Rwanda and Uganda were invited as guests of honour, and expressed their appreciation for the wider cooperation within Africa. The President of Nigeria further expressed hope of meaningful closer relationship between the region and ECOWAS. The Summit took place on the 18th August 1999 in Maputo, Mozambique, and was prefaced by festivities to commemorate the SADC Day.
Various speakers delivered key speeches, which laid stress on a number of factors for serious attention if regional integration is to become a success.
In the main, the range of issues that were debated by the Heads of States proved predictable. Among others, these were the conflict in some parts of the region, the gold crisis, debt and the change-over of the chairmanship, to name but a few. Perhaps, the dramatic moment of the Summit was the resignation of the SADC executive secretary.
Topping the agenda was concern about ongoing war in the Democratic Republic of Congo, Angola and rising tensions in Namibia. (However, at the time of writing, positive developments were already emerging in the Democratic Republic of the Congo, with the residual rebel group giving definite promises of acceding to the cease-fire agreement on the cessation of hostilities). In Angola, there was increasing disillusionment with the continued hostile attitude shown by Savimbi, and SADC pledged non-military support to the country. Namibia's "inviolability of the territorial integrity" was affirmed at the meeting.
The Council of Ministers was instructed to review several SADC structures, including the Organ on Defence, Politics and Security. The report is due in six months and Zimbabwe will meanwhile remain chair.
excellent pointers to principles agreed upon at the Convention should be consolidation of the SADC Finance Ministers viewed holistically i.e. the democratic process in the meeting (see page 1). scope should entail trade, region. Already, democratic finance, investment and elections were successfully Other issues included gender development issues.
Namibia, Botswana and low participation rate by host of the Summit in 2000.
Mozambique will be staging women in the region, which theirs before the end of the was viewed with concern.
year.
the positive, but insufficient economic growth in the region. While the majority of the countries in the region continue to display healthy economic potential, this has not been accompanied by substantial inflows of foreign direct investment. Economic reforms have been implemented and there macroeconomic stability in many of the SADC countries, but there is still insufficient investment in the region. Consequently, the meeting agreed on the need to promote more vigorously to 30 percent target in the public sector (e.g. parliament). Furthermore, member states were urged to devote more resources to overcome the spread of HIV/Aids. A conference on the epidemic will be staged in Zambia. The Summit noted the progress made in the Transport and Communications, Finance and Investment, Energy and Water in respect of Y2K compliance and urged member states to step up their efforts to deal with the issue. The Southern Africa Economic Summit is an annual event organised by the World Economic Forum, which is based in Davos, Switzerland. It was attended by representatives from the political and business spheres, from all over the world. This year's gathering was held in Durban, South Africa and among its guests were the new President of South Africa Thabo Mbeki and his Mozambican counterpart President Joaquim Chissano.
cross-border investment through, for example, joint venture schemes. As at the SADC Ministers of Finance meeting the month before, any sale of gold was seen as critical in further depressing the bullion price. The meeting called for the IMF to reconsider its position on the sale of gold. (In fact, the current stand by the IMF is review of its sale of gold, but uncertainty still remains on future sales by central banks). Further support was given to cooperation among regional organisations. However, this can take place by first and foremost strengthening the development of such structures to prepare for a wider continental cooperative framework. Cooperation is, for example, envisaged with the ECOWAS, and other regional blocs. Such cooperation is indispensable for the creation of a broader African Economic The imminence of the new millennium was seen as posing daunting challenges to the region with regard to the tackling of issues such as poverty, social conflict, guaranteeing of democratic values and promotion of economic growth. Hence this year's theme was aptly "Responsible Leadership for Action, Stability and Growth". The theme is significant because of its generic relevance to the concept of African Renaissance.
Community.
A number of topics were dissemination and an active identification of four sectors dealt with under organised process of continual across SADC that can be break-away sessions, and interaction was considered to opened up to private these ranged from topics be critical for the effective ownership with immediate such as the attraction of attraction and promotion of effect.
foreign investment, the investment. Questions were was stalling when time was promotion of democracy, further asked as to the nature not on its side; it needed to human resources of the brand and what it move faster!
development and would entail. Tourism, infrastructure development.
These were then collated infrastructure development number of projects doing together for presentation at were considered as areas rounds within the region, the plenary. where regional facilitation and little substantive could be achieved. progress is visible.
Below is an outline of the therefore a need for a discourse that took place - The level of commitment rationalisation of SADC.
during the general of individual member states Other participants even discussions.
A revolving theme was the question. Political will was to speed up the process.
SADC; 'somebody' to push had resulted in incoherent better coordination within the process of regional signals from the region, the SADC Secretariat.
integration forward and to which did little to strengthen move at a faster rate than confidence. National - Mention was made of the currently is the case. That sentiments were still very fact that local investors were role naturally was assigned to much an overriding factor.
South Africa. The greatest Delegates were also investment promoters, and challenge to South Africa is concerned about widespread as a result domestic private her own developmental practice of SADC countries sector base has been problems. Perhaps the best being members of far too underdeveloped. Emphasis way to achieve this is for many regional structures.
South Africa to lead by was felt that this stifled focus investment promotion example, in the way she momentum for regional activities on encouraging resolves these formidable integration, as seen in the domestic investors with a challenges. delay to operationalise the view to supporting their trade protocol.
The elusiveness of foreign labour absorption.
investment was attributed - The conflict in Angola has should establish its own largely to negative publicity put brakes on FDI inflow 'multinationals' to compete of the region. Widely known into SADC. Also, the globally, because economic by the international investor wisdom of including the agents such as big community are occurrences Democratic Republic of companies, rather than of war, political uncertainty, Congo and the Seychelles nations, drive globalisation.
corruption and economic was questioned, given that Not being part of this global stagnation. The idea of already SADC is too large a process was not an option.
'branding' for the purposes group.
Africa as an investment -To accelerate reform, dealt with the development location was brought forth.
More information is a need for the consequently the potential of small-and medium-sized enterprises is untapped.
Capacity-building is another area that has been neglected in the region. Concerns include the empowerment of women, an increased fight against the Aids epidemic, increase in spending for education, and skills promotion. Training programmes designed to encourage human resource development were indispensable, and this among others required agreement on the free movement of people across borders. Women were considered an under-utilised resource in the region, and the need for their participation in the Forum's plenary sessions to be as comprehensive as possible, was stressed.
The lack of effective financial inter-mediation could be overcome if existing stock exchanges were to co-operate, with South Africa's stock exchange as the axis for the region. The number of stock markets currently existing in the region was considered to be more than adequate. The European Union is faced with a similar situation, playing host to about 35 or so stock markets. Cooperation with the JSE will be a quick, simple and less costly way of establishing a functional arrangement to ease the constraints around financial inter-mediation. The movement of primary listing by some of the big companies such as Old Mutual, SAB, and others was taken as an ominous sign to the outside world. However, in defence of this move, listing on foreign bourses was not considered a matter of permanent migration.
Other issues that recurred in the forum revolved around the establishment of effective dispute resolution mechanisms, the improvement of the FDI regime, harmonisation of corporate laws, consolidation of the empowerment process to allow for SMMEs to develop, and the removal of exchange control. Social issues included Aids awareness, the role of the state as a catalyst to society, upliftment of the skills pool in the region through cooperative arrangements, education, and the significance of ethics within the business community. SADC was viewed as being comparatively uncompetitive in terms of transactions and transport costs.
Labour issues included labour market flexibility and the fear of dealing with the unions because of their power. Unions holding back economic development.
Some companies in the region were implementing the recommendations of the The verdict from the discussions of the Forum was clear that SADC's progress should be communicated to the outside world, given SADC's reliance on overseas countries for FDI. Domestic investors should not be alienated by policies aimed at foreigners, however. Also, the spectre of political instability, elusive economic growth, global competitiveness, high unemployment and low per capita incomes will have to be dealt with more effectively, in order to realise the ideals espoused by African Renaissance. If SADC has to become a force to be reckoned with, indeed major changes will have to be undertaken.
King Report on good governance. Good governance also encompasses ethical conduct.
On the other hand, it is clear that investors appreciate the level of progress that has been attained so far. The Forum therefore remains a critical interlocutor between investors and the policy makers and serves as a platform for the restoration of confidence in the collective struggle for a harmonious SADC.
13-15 October: Committee of Central Bank Governors, Sun City. 8 October: Committee of Stock Exchanges, Victoria Falls. 26-28 October: Annual African Investment Conference and Exhibition, Cape Town.
FISCU would like to extend a warm welcome to the new secretary to the Director, Ivy Makapane. Ivy joined us at the beginning of September. We hope you are going to enjoy working with us, Ivy.
Veronica Sethu, previous secretary to FISCU, is now secretary for the Chief Director of International Development Finance.
FISCU, Private Bag X115, Pretoria, 0001, South Africa. Tel: +27-12-3155395 Fax: +27-12-3155108 E-mail: fiscu@finance.pwv.gov.
makapanem@finance.pwv, g ov.
<fn>GOV-ZA.1999100101En.2012-02-10.en.txt</fn>
Following extensive marketing by the Department of Finance and Joint Lead Managers, Deutche Bank and Warburg Dillon Read, the Republic of South Africa has today launched a Euro 300 million (R1.9 billion) bond under its EMTN programme. The bond has a maturity of 5 years. The coupon has been set at 7.00% and the issue price is 99.46%. This represents a spread of 250 basis points over the 5 year (6.75%) German Government Bund due July 15, 2004.
With this Euro transaction, which was done under the EMTN programme, the Republic of South Africa has once more reaffirmed its credentials as a top tier borrower even in difficult market conditions. The spread represents fair value to RSA's outstanding secondary issues and is significantly lower than the levels we achieved earlier this year.
<fn>GOV-ZA.1999100601En.2012-02-10.en.txt</fn>
The object of the Conversion of SASRIA Act was to convert SASRIA from a section 21 company to a public company with the State as the sole shareholder. Conversion and registration in terms of the Companies Act of SASRIA LIMITED was effected on 27 September 1999.
The Act provides that the Minister of Finance must determine the portion of the reserves that the converted SASRIA would require to continue with its business as a short-term insurer for special risks. The Act requires that the Minister of Finance must take into account the results of an independent actuarial assessment in determining the level of reserves that is to be retained in the converted SASRIA. In consultation with the Board of SASRIA and representatives from the short-term insurance industry the international firm Tillinghast-Towers Perrin was appointed as actuaries. They have recently presented me with their final report. The report recommends that reserves of R3 billion be retained by SASRIA LIMITED, on condition that re-insurance of at least R2 billion be acquired.
The mark-to-market value of SASRIA LIMITED's reserves on 31 August 1999 was R10,1 billion.
With due regard to the report of the independent actuary and after consultation with the Board of SASRIA LIMITED and the short-term insurance industry, I have resolved that a dividend be declared equal to SASRIA's excess reserves. Based on current market values, the excess reserves are estimated at R7,1 billion.
A first amount of at least R5,0 billion will be paid during October 1999; and the remainder of the dividend will be drawn as the assets are liquidated and the required re-insurance cover is put in place.
The proceeds from the dividend payment, as provided for in the Conversion of SASRIA Act, will be utilised to reduce state debt. The impact on state debt cost for a full financial year will amount to R650,0 million. To negate any possible negative market effects from the liquidation of the investment portfolio of SASRIA LIMITED the government bonds that are held by SASRIA LIMITED will be transferred to government and cancelled. With regard to other equities held by SASRIA LIMITED an asset swap arrangement has been concluded with the Public Investment Commissioners. The liquidation of the SASRIA investment portfolio and the payment of the dividend to the State will therefore have no direct impact on the bond and equity markets.
As indicated, part of the dividend from SASRIA will be paid over to government as progress is being made with the acquiring of re-insurance cover by SASRIA. It is therefore possible that a portion of the dividend might spill over into the 2000/01 financial year. In addition, the amount of government bonds in the SASRIA portfolio that will be cancelled to offset state debt, will not result in a cash-flow to the Exchequer that can be used to reduce government's borrowing requirement. (The bonds that will be cancelled will merely result in a reduction in the stock of debt which will bring about a saving in debt servicing costs.) The Conversion of SASRIA Act provides that the converted SASRIA must be privatised. Government's objective remains to ensure that special risks insurance remains available to the general public even after SASRIA has been privatised. In order to achieve this objective, certain options, which will include the possibility of changing SASRIA's main business to that of a short-term reinsurer, will be considered. The short-term insurance industry will be consulted on an ongoing basis.
For more information contact Coen Kruger / Brian Molefe / Higgo du Toit at the Department of Finance.
<fn>GOV-ZA.1999102701En.2012-02-10.en.txt</fn>
The debates at the recent Annual Meetings of the IMF and WB, which were held in Washington, USA, focused on poverty and debt relief. They were held at a time when we recognise that we now live in a world where transactions in the foreign exchange markets exceed US$ 1,5 trillion per day; where trade flows are in the order of US$ 5,5 trillion per year; where real-time information exists; where decisions made on a screen in New York can affect the education prospects of a child in South Korea; where medical science has advanced to the point of allowing complex surgery to be performed on a child whilst it is still in its mother's womb. Yet this is also a world where the chasm between the rich and the poor continues to grow, where millions of children continue to die from preventable diseases, where families and societies are being decimated by HIV/AIDS, where illiteracy continues to cast a shadow over progress and poverty shackles peoples lives.
The Annual Meetings bring together over 300 ministers of Finance and Heads of Central Banks, who together with their advisors represent 182 IMF and World Bank member countries. The meetings are also attended by Chief Executives of major financial institutions, prominent academics and representatives of non-governmental organisations from around the world. In total some 19 960 people registered for the meetings. The Annual Meetings therefore provide an ideal opportunity to reflect on these issues and to consider ways of addressing them.
South Africa has earned a place in a global economy dominated by creditor nations. This supports the political leadership role which we take up in the interest of development. The latter is expressed through our involvement in the Non Aligned Movement; the Commonwealth Heads of Government Meeting; the United Nations Commission for Trade and Development; the Organisation of African Unity, and the Southern African Development Community.
On the whole, the world economic outlook looks positive with output that bottomed out in 1998, financial markets having stabilised, a turnaround in Asia economies, a recovery in the US economy and the resumption of growth in Europe and Japan.
In Sub-Saharan Africa we are seeing a recovery in growth albeit from low base; structural reforms should also improve growth performance. However, we must also recognise that many challenges remain - peace and stability, overcoming corruption, ensuring that more meaningful debt relief is forthcoming so that more resources are freed up for social development.
In South Africa we are witnessing renewed confidence in the financial markets, lower interest rates and an improved export performance.
The South African financial markets are well developed and well integrated into the world economy.
Sound economic policies ensured that South Africa was able to weather the global financial crisis better than most.
Significant developments on the issue of debt relief took place during the meetings in Washington.
The "Cologne initiative" through which developed countries committed themselves to the enhancement of the HIPC framework to provide wider, faster and deeper debt relief, was endorsed.
However, it must also be noted that this initiative does not go far enough. The required track record of reform of up to six years is still too long and continues to be a concern. Although the link between debt relief and social and poverty alleviation is correct, we have to ensure that it does not simply add to the existing conditionalities imposed on countries.
Having made commitments, the G7 have been less forthcoming when it comes to supporting these with significant financial support. Debt relief initiatives cannot succeed unless the financial support is forthcoming.
African countries (South Africa, Botswana, Nigeria, and Swaziland) have demonstrated their support for the initiative by pledging contributions to the HIPC Trust fund based on their quota share in the Fund.
South Africa's contribution equals SDR 21 million (R100 million) and collectively, the contributions by African countries are in excess of SDR 40 million - the total shortfall which needed to be financed was SDR's 180 million.
Countries eligible to borrow from IDA are home to some 3.3 billion people, some 57 percent of the world's population.
78 countries are currently eligible to borrow from IDA and more than 50 percent of these are situated on our continent.
It is also worth reminding ourselves that official development assistance is at its lowest point in 20 years, seriously jeopardising IDA's role in supporting sustainable development.
The Poverty Reduction and Growth Facility (PRGF) endorsed by the Interim Committee, aims to make poverty reduction efforts among low-income countries a key and more explicit element of a renewed growth oriented economic strategy. We have to ensure that this facility is adequately funded and that it supports the work being done on HIPC and is not replaced by since this would reduce the overall level of support to low-income countries for development.
This approach will emphasis a comprehensive poverty reduction strategy, social and sectoral programmes aimed at poverty reduction, good governance, high priority on key reform measures critical to achieving social goals and country-driven poverty reduction strategies to form the basis for all IDA and Fund lending to low-income countries. Importantly, the strategies for development need to be formulated and developed at home. This of course requires capacity. We stand ready to participate and assist in building this capacity in our region.
The positive development around gold sales and the gold price have been welcomed.
Interventions by South Africa and other concerned developing countries prior to the Annual Meetings aimed at the open-market sale of gold by the IMF, paid off.
The Interim Committee agreed to off-market transactions of up to 14 million ounces of fine gold by the IMF which would enable the Fund to finance its contribution (US$3.53 billion) to the enhanced HIPC initiative (US$27.4 billion).
In addition, governors of 19 major central banks have agreed to a more orderly programme for official gold sales - annual sales not to exceed 400 tons and total sales not to exceed 2000 tons over five years. They also agreed not to expand their gold leasing activities over this period.
The debate on crisis prevention and crisis resolution measures involving the financial architecture, continues to receive much attention.
There clearly exists a need for financial reform as the global financial system remains fragile.
Financial reform should aim to improve incentives for good policy, encourage sustainable capital account liberalisation, discourage pegged exchange rates, improve financial regulation and supervision.
South Africa's participation in the debate on the financial architecture has been intensive through the working groups of the G22/33.
An outcome of these debates has been the setting up of the Financial Stability Forum (FSF) by the G7 whose aim is to focus on financial regulation and addressing issues of systemic risk.
The FSF consists of three working groups namely Capital Flows, Offshore Financial Centres and Highly Leveraged Institutions.
South Africa was invited to participate in the work on Capital Flows.
This would involve risk management and disclosure, financial regulation, debt management, the development of domestic capital markets, managing the risk exposure of banks, capital account liberalisation and data dissemination.
Issues of financial architecture are being actively debated by the various groupings in the private sector such as the Institute for International Finance (IIF) and think tanks such as the Council for Foreign Relations. In a recent report the Council made several recommendations which will assist in shaping the debates in the year ahead.
Good-house keeping awards - those countries who follow good policies should be recognised for it.
Fixed exchange rates are identified as being at the root of many of the problems.
Capital inflows can pose many difficulties for small emerging economies.
Burden sharing - including collective action clauses.
The IMF should scale back on the size of the loans.
Back to basics - better role definition for the IMF and the WB.
Action is required - there is a suggestion that a global conference on these issues is required.
The Group of 20 of which South Africa is a member, brings together 'systemically significant' countries - the United States of America, Japan, Germany, Britain, Italy, Canada, France, Brazil, Argentina, Mexico, South Korea, Saudi Arabia, China, India, Russia, Australia, Turkey and two institutional representatives, being the European Union and the International Monetary Fund/ World.
Generally the work of the G20 will focus on global economic issues which in the short term is likely to concentrate on issues of financial architecture.
South Africa is expected to play a leading role in developing the agenda for the group.
This is a poignant moment in world history. In his speech to the opening plenary James Wolfensohn, President of the World Bank, noted that the global population has now reached 6 billion and that "[O]n current trends, we will not meet the International Development Goal of halving poverty by 2015, nor the goal of universal primary education by 2015. On current trends, we will not be able to meet the International Development Goal of reversing the current loss of environment resources both nationally and globally by that date. In 25 years time, the 6 billion people will grow to over 8 billion. Of the 6 billion today, 3 billion live under $2 a day and 1.3 billion live under $1a day. I am concerned that these extraordinary statistics may rise to 4 billion and 1.8 billion respectively. This is not a legacy to leave our children".
South Africa finds itself in a unique position to take forward many of the challenges and issues mentioned above. We have earned global recognition and respect for our commitment to democracy, transformation and our commitment to sound economic policies. In addition we currently chair the joint Board of Governors for the period 1999/2000 and as such, will be responsible for the opening speech at the 2000 Annual Meetings which take place in Prague next year. We are well placed to put the challenges and opportunities of the African Renaissance firmly on the agenda of the Annual Meetings.
<fn>GOV-ZA.1999102901En.2012-02-10.en.txt</fn>
Today, we place before Parliament adjustments to the appropriations for the 1999/00 financial year, and ask Parliament to consider our preliminary proposals for the 2000 Budget.
This is our third Medium Term Budget Policy Statement. It is an invitation to the people of South Africa, to reflect on the policies we have adopted and the choices informing our budget framework and spending plans. We hope that it will provoke energetic discussion in this House, and amongst all of us who pay taxes, enjoy the benefits of government services, work, invest, save or are otherwise protected by the economy which we are entrusted to nurture.
The Medium Term Statement outlines preliminary budget proposals for the next three years. It reviews the difficult adjustment we have been through in the context of some international financial distress. Because we managed this adjustment well, we are able to project improved prospects for the economy for the next three years. And we are able to announce an increase in the expenditure available for allocation between national departments, provinces and local government in next year's Budget.
The Medium Term Statement sets out broad projections of national and provincial spending over the next three years. It shows how the reduction in the budget deficit that has been achieved over the past three years - through both stronger revenue flows and a disciplined approach to public expenditure management - has led to lower borrowing and reduced interest on state debt.
The reduction in interest costs alone releases some R2,2 billion for spending on public services next year, by comparison with the projections we published in the February 1999 Budget.
But the gains we have made since 1994 are much greater than this. If we had continued to borrow 6 per cent of GDP each year, say, the national debt would be some R40 billion more than it now is. We would pay R6 billion more in interest. We would have R6 billion less to spend on public services. And higher debt, and higher interest rates, would mean that we would be projecting less growth and less spending for the next three years than we can project today.
Instead, I can report to you that the budget deficit will be below 2,8 per cent of GDP this year, and will decline to 2,4 per cent in 2002/03. The budget framework also provides for a steady decline in the tax burden as a share of GDP. But expenditure on public services is projected to grow from R172 billion this year to R207 billion in 2002/03, benefiting from strong economic growth and a declining share of interest costs in total spending.
The Medium Term Statement sets out details of the proposed budget framework, expenditure trends over the next three years and the division of resources between national government, provinces and local government. I want to urge that it be read, digested, examined and criticised. We have provided postal and e-mail addresses for you to forward your comments.
You will see that the Statement outlines several further steps in budget reform and managing public expenditure. As the President made clear in his opening address to Parliament in June, this is a responsibility we take very seriously.
In the last few years, we have reformed the way government plans its spending. The Medium Term Expenditure Framework has brought about three-year planning. This has allowed us to use the Budget to prioritise and to direct money towards the areas in which it is most needed. It has made the Budget a powerful tool for this country's reconstruction and development.
We are now taking budget reform further in regard to improving services. Our initiatives on service delivery link to Batho Pele's focus on accountability to our customers and planning for better services. They also link to the Public Finance Management Act's emphasis on greater accountability.
With the 1999 Budget in February, we introduced a new publication: the National Expenditure Survey. This reports on the spending plans for each national government department, setting them in the context of the services being delivered. The recently published Intergovernmental Fiscal Review 1999 provided similar information for the provinces' spending and services.
Our aim is to increase the depth and breadth of this information with every annual budgeting round. Information on services helps public understanding of what government spends money for, enhancing the transparency of budgeting, and informing democratic debate. It also helps within government to improve budgeting decisions.
Central to this, will be the development of service delivery indicators. We want all South Africans to know what value they get for every rand that government spends. We want to show the quantity of goods and services it buys; the standards of service received by the public; the unit cost of providing the service; the extent to which the service benefits those most in need - the poor and the historically-disadvantaged. We want to show the relationship between spending and its impact on the lives of people.
I turn now to the economic context within which the 2000 Budget is being prepared.
When we tabled last year's Medium Term Budget Policy Statement, it was against the background of a world financial crisis that hurt many emerging economies and dented confidence in the international economic order. South Africa suffered. But we responded appropriately, and so we suffered less than others. We are now seeing recovery, and we are able to project economic growth of over 3 per cent a year for the next three years.
Prospects for the world economy have improved. Buoyant American consumer spending has helped world recovery. But it is the revival of growth in Japan and Europe and the improved prospects of emerging economies that are the crucial foundations of sustained global progress.
International co-operation is an important ingredient in sustainable recovery. This includes financial regulation and oversight, debt relief for poor countries, a fairer international trade environment, initiatives to protect the global environmental heritage, co-operation in combating disease and health hazards, joint efforts to resolve conflicts and promote democratic governance, and a co-ordinated attack on international crime. The voice of the developing world is increasingly being heard in these campaigns.
South Africa is playing its part in promoting a world in which the gaps between rich and poor, powerful and weak are narrowed, and large and small nations share the burden of ordering international affairs. We insist that Africa should re-discover its indigenous strength, and that it should take its rightful place in the institutions through which international co-operation is secured.
Although the economy slowed for a while, the exchange rate weakened and we have all felt the effects of higher interest rates, our economic policies have protected us from the worst ravages of the storm. In the first half of 1999, we received a net capital inflow of R22 billion. Interest rates have come down, and we will see investment and economic output strengthen in the second half of this year, and beyond.
Uncertainty about inflation is bad for the economy. It hurts investment. It places strain on wage negotiations. And it creates a difficult environment for decision-making by households and business. Those most severely affected are the poor and vulnerable who find that they can afford less and less on their meagre income. To reduce this uncertainty, we will announce, in 2000, an explicit target for inflation. This will contribute both to lower inflation and less uncertainty about price trends, leading also to lower long term interest rates.
The fiscal framework we table I this House today will also help to reduce interest rates, through continued moderation in the overall public sector borrowing requirement.
Lower interest rates will be good for the economy: for investment and for jobs.
I have mentioned that we forecast growth of over 3 per cent for the next three years. We expect the economy to grow by 3,5 per cent in 2000 and to maintain growth of between 3 and 4 per cent over subsequent years.
the lowest annual rate of consumer price inflation for some 30 years.
We expect consumer price inflation to average 5,5 per cent for the 1999 year, and to fall to 4,8 per cent in 2002. Despite risks from oil prices and wage settlements, the inflation outlook is the best this economy has seen since the 1960s. Inflation targeting will build on this sound foundation, further increasing certainty and confidence.
We know that several structural challenges remain. Saving continues to be too low. The rate of job creation must be accelerated. Economic opportunities and income must be distributed more equally. We will point to some of the ways in which Government will play its part in meeting these challenges shortly.
But our economic foundations are strong. Since 1994, the South African economy has undergone a transformation. It is now more open. Exchange controls have been substantively removed. We are lowering barriers to trade, both within the Southern African Development Community and through the recently signed trade agreement with the European Union. Fiscal policy has significantly reduced borrowing. These policies contribute to falling inflation, higher investment of improved quality and stronger growth.
Against this background, the revised budget framework set out in the Medium Term Statement provides for a considerable strengthening of our reconstruction and development spending programmes while continuing to lower the budget deficit and the overall tax burden.
A tribute must again be paid to the South African Revenue Service for its success in improving revenue collection, even in the economically depressed circumstances of the past year. As you will recall, we have provided significant tax relief through adjustments to the individual tax scales in recent years and a lower company tax rate this year. Revenue performance has nonetheless continued to exceed expectations.
In 1998/99, revenue of R184,5 billion was received, which is R4,5 billion more than the revised estimate published in February this year. Taking into account projected economic growth, we propose to raise R210,7 billion in revenue next year, increasing to R243,0 billion in 2002/03. This builds on the steady improvements in tax administration that the Revenue Service is achieving. The projections also provide scope for further reductions in the burden of tax on individuals and other taxpayers, which is a matter to which we will return in February next year.
Total revenue includes the receipt last year and this year of the charge on the proceeds of the demutualisation of Sanlam and the Old Mutual. Members will recall that in the 1998 Budget it was announced that Government would impose a once-off charge on the windfall gain to policyholders associated with the distribution of free reserves of the former mutual assurers. R855 million has been received and will be transferred to the Umsobomvu Trust, which has now been established, to support employment, youth development and training initiatives.
Interest on debt is projected to increase from R42,6 billion last year to R44,7 billion this year and R53,0 billion in three years time, falling from 5,7 per cent of GDP to 5,1 per cent. This is, as we have already noted, an outcome of the phased reduction in the budget deficit.
It also reflects the debt reduction that we have achieved through state asset restructuring. This year, we will reduce debt by about R7,1 billion as a consequence of the restructuring of the SA Special Risks Insurance Association.
It is our practice to include a contingency reserve in the overall budget framework, to allow for the imperfections of economic science and the possibility of unforeseen and unavoidable spending pressures. Because three years ahead is more uncertain than one year, the contingency reserve increases from R2 billion in 2000/01 to R8 billion in 2002/03.
After providing for these items, the available non-interest spending level increases from R161 billion last year to R171 billion this year and R204 billion in 2002/03. This is the aggregate that is available for division between the national, provincial and local government shares.
The budget framework provides for R1,9 billion more in total expenditure this year than in the February budget estimates, rising to R3,5 billion next year. Taking into account savings in debt service costs and the reduced contingency reserve, the available noninterest spending level increases by R4,0 billion this year and over R7,5 billion next year and beyond.
Madam Speaker, these are substantial increases in government expenditure commitments. They are made possible by improved economic performance and sound fiscal policies. It is our duty to ensure that these proposed increases in expenditure are appropriated wisely, for the reconstruction and development purposes to which we are bound.
Let me turn first to the proposed adjustments to the 1999/00 appropriations, before outlining the spending proposals for the next three years set out in the Medium Term Statement.
In the Budget presented to Parliament on 17 February 1999 we tabled proposals for expenditure of R216,8 billion, including a contingency reserve of R1,1 billion, R750 million of donor funded spending and an unallocated R450 million for poverty relief and employment projects.
The Adjustments Estimate placed before Parliament today anticipates total expenditure of R218,6 billion.
In addition to the R550 million allocated in the Supplementary Estimate, allocations are now proposed for a further R450 million for poverty relief, infrastructure investment and Jobs Summit projects, bringing total allocations for this purpose to R1,0 billion in the current year.
Additional allocations to provinces amounting to R1 419,7 million are proposed, which will be distributed according to the equitable share formula. These amounts will be used primarily for reducing outstanding debts and backlogs in rank and leg promotions. A further amount of R69 million is set aside for special provincial projects and an amount of R202,8 million is allocated for addressing Y2K-related needs of local authorities.
Interest on state debt this year is now expected to be R1 568 million less than the February estimate. Departments have also identified R27,2 million in savings.
Ministers will be unhappily aware that the relevant section of the Exchequer Act permits additional appropriations, other than expenditure already announced only for unforeseen and unavoidable purposes. The Treasury Committee again this year reviewed a large number of requests from national departments. Additional expenditure of R1 735,1 million is recommended to be voted. This includes, amongst others, provision for the introduction of the National Prosecution Authority; unforeseen SANDF activities in support of SAPS; transfers to the Rail Commuter Corporation; and R 250 million for salary increases over the budgeted R 3 billion.
The details of the unforeseen and unavoidable expenditure are set out in the Explanatory Memorandum to the Adjustment Estimate 1999/00 tabled here today.
I would like to take this opportunity to thank fellow Ministers for the disciplined approach that Cabinet has taken to these additional spending proposals. We anticipate that national budget revenue will be R1,9 billion more than the February Budget estimate, resulting in a revised budget deficit of R22,6 billion, or 2,8 per cent of the revised level of GDP for the 1999/00 year.
Madam Speaker, we are committed in our policy and spending priorities to building a people-centred society that is sustained by a growing economy.
Over the past five years we have concentrated on developing sound, progressive social and economic policies and legislation. Now we need to focus on accelerating service delivery and implementing programmes that will build a 'better life' for all people in our country.
Our medium term spending plans at the national and provincial level reflect these social and development priorities. Detailed Estimates of Expenditure will again be tabled in this House and in provincial legislatures in February next year. The Medium Term Budget Policy Statement sets out broad trends, based on preliminary proposals for national and provincial spending.
Recognising the importance of improving people's access to basic social services, we propose to continue to invest strongly in social services, particularly at the provincial level.
an increase of 6,4% a year. Our key priority is raising the quality of education in the classroom and improving financial management in the education system.
Spending on health care grows 6,2 per cent a year, and will amount to R30,3 billion in 2002/03.
Spending on welfare services and social grants rises from R19,7 billion in 1999/00 to R23,3 billion in 2002/03, increasing at a rate of 5,8 per cent a year.
The House will note that these increases in spending are well above our projections for inflation.
We are committed to stopping the spread of HIV/AIDS in our country and plan to spend more on developing an aggressive integrated strategy and approach to combat the spread of the disease.
Spending on economic services, including trade and industrial and agricultural services increases by 7,1 per cent a year between 1999/00 and 2002/03. We are moving ahead with the restructuring of state assets, specifically forestry operations and the South African Post Office. Progress on this front has released resources to be spent on other key priorities.
We will spend R21,0 billion on infrastructure development this year, rising to R22,6 billion in 2002/03. This includes spending on housing, municipal infrastructure development, and investment in water infrastructure and services.
These budgetary commitments are supplemented by the substantial infrastructure expansion programmes of Telkom, Eskom, our Airports Company and South African Airways, amongst others. We are also exploring the scope for making greater use of public-private partnerships in building infrastructure and delivering services.
Getting people back to work was a key element of our commitment at the Presidential Job Summit last year. We have set aside R1,2 billion in 2000/01 and R1,5 billion in 2001/02 for special poverty relief and job creation projects that focus on the needs of the rural poor and have potential for creating jobs in these areas. These include the land care programme, the local tourism infrastructure programme, the community based public works programme, and the Working for Water programme.
Training and skills development are key elements of a globally competitive South Africa. Government shares the responsibility of developing the skills of our people together with our social partners. Next year the skills development levy-grant programme will come into effect, to strengthen industrial training and create learning opportunities for many unskilled workers.
Our goal of creating a safer South Africa calls for significant improvements in the work of the departments of safety and security, justice and correctional services in their fight against crime. Over the medium term, we will spend more on direct law enforcement initiatives, such as the newly formed 'Scorpions unit' and the lower court system, as well as implementing specific modernisation programmes designed to improve the performance of the justice system. Our proposals include growth in spending on the integrated justice system of 6,6 per cent a year between 1999/00 and 2002/03.
Under our President's leadership, we also have a wider role to play in resolving conflict and promoting democracy. The Budget provides for our role in international affairs, and for investment over the long term in a strategic defence capability consistent with a responsibility for conflict-resolution on our continent. The strategic arms procurement programme allows the National Defence Force to upgrade equipment, while providing a substantial boost to South African industry, foreign investment and exports.
Compared to the forward estimates published in the February 1999 Budget, the arms procurement programme will add R2,8 billion to Defence spending in 2000/01 and R3,8 billion in 2001/02. Defence and intelligence spending will increase to about 8,5 per cent of non-interest spending in 2002/03 and beyond - somewhat below the share of defence in 1995/96 expenditure.
The Medium Term Statement also includes projections of total personnel spending, transfers, other purchases of goods and services and capital spending. Remuneration of personnel accounts for half of non-interest expenditure. The preliminary projections provide for personnel expenditure growth of about 5,4 per cent a year, recognising that a new remuneration policy will be discussed in due course in the Public Sector Co-ordinating Bargaining Chamber.
The Medium Term Budget Policy Statement provides greater transparency and certainty about Government spending priorities and plans over the next three years. Budget reform and reprioritisation have created a sound fiscal platform for the economy. In the next three years we are able to direct additional resources to improve the quality of government spending, strengthening service delivery and investing in people-centred development.
Members, these are some of the policies and programmes underlying the projections set out in the Medium Term Statement. They take us several steps forward in our reconstruction and development programme. But there are other challenges, that call for further structural measures to promote growth and social development. I have referred to the need to promote savings, to accelerate investment and to broaden employment creation. The proposals tabled here are part of our wider approach to the economic and developmental challenges we face. I know that Members of this House will join me in encouraging all South Africans to engage with us in meeting these challenges.
Madam Speaker, Honourable Members, we submit for your consideration the 1999 Medium Term Budget Policy Statement, and table the proposed adjustments to the Estimate of Expenditure to be defrayed from the National Revenue Fund during the financial year ending 31 March 2000.
<fn>GOV-ZA.1999121401En.2012-02-10.en.txt</fn>
Moody's Investor Services, a major international rating agency, today released their credit report on the Republic of South Africa. The report is a culmination of an extensive due diligence exercise that took place in September 1999. They have retained South Africa's Baa3 rating for foreign currency bonds and notes, Ba1 foreign currency deposit ceiling and Baa1 long-term domestic currency rating. The rating outlook remains stable.
The rating is supported by the country's smooth political transition and policy continuity; fiscal numbers which continued to improve; privatization of state enterprises; transparent monetary and exchange rate policy and the sound and developed banking system. Furthermore Moody's believes that the new free trade agreement with the European Union represents an opportunity for strengthening trade opportunities.
The lack of strong growth that is needed to create jobs is the primary constraint of the rating. Moody's is also concerned about low foreign direct investment and major social challenges facing South Africa.
The Government is aware of the challenges facing South Africa and would continue to accelerate social delivery while at the same time maintaining fiscal prudence.
Once more, another US based rating agency has confirmed South Africa's investment grade status. This follows the recent report by Duff and Phelps rating agency reaffirming its BBB- on long-term foreign currency and A- on long-term local currency rating. This is a resounding vote of confidence in our continuously disciplined macroeconomic policies and our fledging democracy.
<fn>GOV-ZA.1999122102En.2012-02-10.en.txt</fn>
South Africa has once again won the prestigious IFR (International Financing Review, a global capital markets publication) Bond of the Year award, for the 7-year 6.75% E500m due April 2006. The IFR awards have become a benchmark for outstanding performance in the finance industry. South Africa launched its debut Euro transaction in April 1999 on its return to the markets after the emerging market crisis. With joint leads JP Morgan and CSFB, the Republic issued a 7-year 6.75% E500m at a spread of 328 basis points over the 7-year (6.25%) German Government Bund due April 2006. With a number of European issuers positioning themselves in the new Euro currency sector, South Africa managed to access the market at the right time and at very favourable terms.
Aside from opportunities available to borrowers in this currency sector, well thought out tactics were evident from the South African side in terms of identifying an attractive maturity sector that attracted investor appetite, as there had been a lot of five and 10year supply from other emerging market names. This enabled the deal to be priced below the tighter end of the initial spread indications.
This is the third time in five years that a South African bond was given a bond deal of the year award. In 1995, South Africa won the Euromoney Bond Deal of the year award, with the debut 5-year 5.00% JPY30 billion Samurai bond, due June 2000. In 1997 the Republic launched a 20-year 8.5% $500m Yankee bond, due 2017. This bond was also voted IFR Yankee Bond of the Year for 1997.
We are delighted and grateful to have been honoured by internationally recognised publications, since our return to the international capital markets. This award is a strong vote of confidence in the dynamic liability management team of the Department of Finance. We have fully met our strategic objectives for the year and are ready to start the new millennium as one of the top tier borrowers in international capital markets.
<fn>GOV-ZA.19991311DomvioceEn.2012-02-10.en.txt</fn>
GOVERNMENT NOTICE DEPARTMENT OF JUSTICE NO. R.
The Minister of Justice has under section 19 of the Domestic Violence Act, 1998 (Act No. 116 of 1998), made the regulations in the Schedule.
"the Act" means the Domestic Violence Act, 1998 (Act No. 116 of 1998).
The notice contemplated in section 2(b) of the Act must contain the information provided for in Form 1 of the Annexure.
inform the complainant to obtain further information from the clerk of the magistrate's court should questions of the complainant remain unanswered.
A complainant may apply to the court for a protection order in a form substantially corresponding to Form 2 of the Annexure.
the name of the police station where the complainant is likely to report any breach of the protection order applied for.
except in cases excluded by the provisions of paragraphs (a) to (d) of section 4(3) of the Act, the written consent of the complainant.
the relief available in terms of the Act and the right to lodge a criminal complaint.
An interim protection order contemplated in section 5(2) of the Act must be in the form of Form 4 of the Annexure.
The notice calling on the respondent to show cause on the specified return date why a protection order should not be issued, contemplated in section 5(4) of the Act, must be in the form of Form 5 of the Annexure.
in the event that an interim protection order was not issued, in the form of Form 7 of the Annexure.
The warrant of arrest contemplated in section 8(1)(a) of the Act must be authorised and issued in the form of Form 8 of the Annexure.
An affidavit contemplated in section 8(3) of the Act for purposes of obtaining a second or further warrant of arrest must be in a form substantially corresponding to Form 9 of the Annexure.
An affidavit contemplated in section 8(4)(a) of the Act in which it is stated that the respondent has contravened any prohibition, condition, obligation or order contained in a protection order must be in a form substantially corresponding to Form 10 of the Annexure.
The written notice contemplated in section 8(4)(c) of the Act calling on the respondent to appear before a court on a charge of committing the offence referred to in section 17(a) of the Act must be in a form substantially corresponding to Form 11 of the Annexure.
remain in attendance at the proceedings, shall be guilty of an offence and liable to the punishment prescribed under subregulation (3)(b).
(a)The court may if satisfied from the duplicate original of the notice referred to in section 8(4)(d) of the Act that the notice was handed to the respondent and that the respondent has failed to appear at the place and on the date and time specified in the notice, or if satisfied that the respondent has failed to remain in attendance at the proceedings concerned, issue a warrant for the respondent's arrest.
and sentence him or her to a fine or to imprisonment for a period not exceeding six months.
An application for the variation or setting aside of a protection order, contemplated in section 10(1) of the Act, must be made in a form substantially corresponding to Form 12 of the Annexure.
The notice of the variation or setting aside of a protection order, contemplated in section 10(3) of the Act, must be in the form of Form 13 of the Annexure.
The notice referred to in subregulation (1) must be forwarded by the clerk of the court to the complainant and respondent by handing it to them personally or sending it to them by registered mail.
the sheriff in terms of the provisions of the Magistrate's Courts Act, 1944 (Act No. 32 of 1944), and Rules published in terms of section 6 of the Rules Board for Courts of Law Act, 1985 (Act No.
a peace officer in terms of the provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), relating to the service of subpoenas.
The clerk of the court sending a copy of the document in terms of subregulation (1)(a) to the person on whom the document is to be served, must require that proof of receipt thereof be returned to him or her by the relevant postal authority.
A person authorised to effect service in terms of subregulation (1), who is not a member of the South African Police Service, may, in any case where resistance to the service of a document is encountered or is reasonably anticipated, request a member of the South African Police Service to assist him or her with the service of any document provided for in the Act and these regulations.
The complainant or respondent who requires a document to be served in terms of the Act or these regulations shall be responsible for the costs of such service: Provided that the clerk of the court may, after consideration of such proof as he or she may require, direct that the State must be responsible for the costs of any service in terms of the Act or these regulations if he or she is satisfied that the complainant or respondent as the case may be, or both the complainant and respondent, do not have the means to pay for such costs at the time when service is required.
These regulations shall be called the Domestic Violence Regulations, 1999, and shall come into operation on 15 December 1999.
SECTION 2(b) OF THE DOMESTIC VIOLENCE ACT, 1998 (ACT NO.
This notice explains your rights and the steps you may take to protect yourself, your children and/or other members of the shared household. If, after reading this notice, there is anything you do not understand I will to the best of my ability explain the contents to you. If I or other members of the South African Police Service present are unable to answer any of your questions regarding this notice, you may contact the clerk of the magistrate's court for further information.
I, as a member of the South African Police Service will render such assistance to you as you may require in the circumstances including assisting or making arrangements to # find a suitable shelter ; and/or # get medical treatment.
You may lay a criminal complaint against the person who committed the act of domestic violence (who will now be called the respondent) if the conduct of the respondent constitutes a criminal offence which will be investigated by the police.
In addition, you may apply, on any day and at any time, for a protection order at the Magistrate's Court in whose area # you reside, carry on business or are employed, permanently or temporary ; # the respondent resides, carries on business or is employed; or # the act of domestic violence occurred.
I will provide you with an application form if you want to apply for such an order. It is not necessary to lay a criminal charge in order to obtain a protection order.
The Court will consider your application and may thereafter issue a temporary order which will only come into effect # after it has been delivered to the respondent (the cost of which you have to pay unless you do not have the means to pay therefore) ; and # will be valid for a certain period of time.
After such period of time the court will consider to issue a permanent order.
# preventing you or any child who normally lives in the shared residence from entering or remaining in the residence or any part thereof; # committing any other act determined by the court.
You may request the court not to disclose your physical address to the respondent. The court may also, in order to protect you and to provide for your safety, health and wellbeing # order that the respondent pay rent, mortgage or other monetary relief (such as medical expenses and loss of income); # refuse the respondent contact with your children; # order the seizure of any arm or dangerous weapon in the possession or under the control of the respondent; # order that a peace officer accompany you to assist you with the collection of your personal property; # impose any other condition it deems reasonably necessary.
The court will, when an order is made, issue a warrant of arrest for the respondent. This means that the respondent may be arrested if he or she fails to comply with any provision of the protection order and after you have given the police the warrant and an affidavit explaining that the respondent has breached the order.
WARNING: It is a criminal offence if you knowingly give false information when applying for a protection order or when laying a criminal charge, you will be prosecuted and may be convicted.
Id.
Indicate whether written consent of complainant has been obtained : (Delete whichever is not applicable) Written consent *has been obtained and is attached/is not necessary since the complainant isa minor (under the age of 21 years); mentally retarded; unconscious; unable to provide consent because ................................................................................ ................................................................................ ...............................................................................
4.2 How are these persons affected?
Do any of these persons suffer disabilities If so give details ?
Not to enter the shared residence, situated at.
Not to enter a specified part of the shared residence, namely ................................................................................................................
Not to enter the Complainant's residence, situated at.
Not to enter the Complainant's place of employment, namely.
Not to prevent the Complainant or any child who ordinarily live(s) or lived in the shared residence from entering or remaining in the shared residence or any part thereof, to wit ................................................................................................................
Not to commit any other act, namely .................................................................................................................. .................................................................................................................
A peace officer, namely, is to accompany the Complainant to assist with arrangements regarding the collection of the Complainant's personal property set out in paragraph 9, below.
A member of the South African Police Service is to seize the following arm(s) or dangerous weapon(s) in the possession of the Respondent: ...............................................................................................................
The Respondent is to pay the following rent or mortgage payments: ............................................................................................................
The Respondent is to pay the following emergency monetary relief: ............................................................................................................
The Respondent is refused any contact with the following child or children: .............................................................................................................
The Respondent is granted the following contact with the abovementioned child or children: .............................................................................................................. .............................................................................................................
Other conditions requested : .................................................................................................................
I am likely to report a breach of the Protection Order at the Police Station.
Do you know and understand the contents of the above declaration Answer ?
Do you have any objection to taking the prescribed oath Answer ?
Do you consider the prescribed oath to be binding on your conscience Answer ?
I hereby certify that the Deponent has acknowledged that *she/he knows and understands the contents of this declaration which was *sworn to / affirmed before me, and the Deponent's *signature / thumb print / mark was placed thereon in my presence.
Dated at this day of *19/20.
You may lay a criminal complaint against the person who committed the act of domestic violence (hereafter called the respondent) if the conduct of the respondent constitutes a criminal offence which will be investigated by the police.
# the act of domestic violence occurred.
I am able to provide you with an application form if you want to apply for such an order. It is not necessary to lay a criminal charge in order to obtain a protection order.
The Court will consider your application and may thereafter issue a temporary order which will only come into effect # after it has been delivered to the respondent (the cost of which you will have to pay unless you do not have the means to pay therefore) ; and # for a certain period of time.
After such period of time the Court will consider to issue a permanent order.
# preventing you or any child who normally lives in the shared residence from entering or remaining in the residence or any part thereof; # committing any other act determined by the Court.
You may request the Court not to disclose your address to the respondent. The Court may also, in order to protect you and to provide for your safety, health and well-being # order that the respondent pay rent, mortgage or other monetary relief (such as loss of earnings and medical expenses); # refuse the respondent contact with your children; # order the seizure of any arm or dangerous weapon in the possession or under the control of the respondent; # order that a peace officer accompany you to assist you with the collection of your personal property; and # impose any other condition it deems reasonably necessary.
The Court will, when an order is made, issue a warrant of arrest for the respondent, which means that the respondent may be arrested if he or she fails to comply with any provision of the protection order.
WARNING: It is a criminal offence if you should knowingly make a false allegation against the respondent in an affidavit.
IN THE MAGISTRATE'S COURT FOR THE DISTRICT OF HELD AT APPLICATION NO.
(*Id. No.
(Tel. No.
The Applicant has applied for a Protection Order against the Respondent as per the affidavit(s) and record of oral evidence(if any) attached, which application has been considered by the Court.
3.1.2.2 *not to enlist the help of another person to commit the acts of domestic violence specified in paragraph 3.1.
3.1.2.10 *to pay the sum of R to the Complainant as emergency monetary relief.
A peace officer, namely, accompanies the Applicant to the following residence in order to assist with arrangements regarding the collection of personal property, i.e.
A member of the South African Police Service at seizes the following arm(s) or dangerous weapon(s) in the possession of the Respondent, i.e.
4.2 A Warrant is authorised for the arrest of the Respondent, the execution of which is suspended subject to the Respondent's compliance with the provisions of the Protection Order as stated above.
4.3 A copy of this order and the warrant of arrest must be forwarded to the Police Station, once this interim order has been served on the Respondent.
5.1 The Respondent is hereby informed of his/her right to appear in the Magistrate's Court at on the day of at 08:30 in order to give reasons why the interim protection order should not be confirmed and made final; and of his/her right to have the matter heard on an earlier date after at least 24 hours' written notice to the applicant and the aforesaid court.
5.2 The Respondent is further informed that if he or she does not appear in court on the above-mentioned date and time, and the court is satisfied that this notice was properly served on him or her, and is satisfied that he or she committed or is committing an act of domestic violence, this order will be confirmed and made final.
Home Address: (Tel. No.) Work Address: (Tel. No.).
On (date), the Applicant applied for a protection order against you. The Court considered the application but has not issued an interim protection order but will on the undermentioned date decide whether or not to issue a protection order against you.
You are hereby called upon to give reasons why a protection order should not be issued against you by the above-mentioned Court on the day of at 08:30, on the basis of the application and supporting affidavits, if any, of which certified copies are attached hereto.
3.2 If you so wish, the matter can be heard on a earlier date after you have given at least 24 hours' written notice to the applicant and the Court.
3.3 The Court will issue a protection order against you if you do not appear in the court on the abovementioned date and time, and if the Court is satisfied that this notice was properly served on you and that you have committed an act of domestic violence.
or 3.*Set Aside.
Respondent must be forwarded to the.
Dated at this day of *19/20__.
(This form must be completed if an interim protection order was not issued).
Whereas the Applicant has applied for a Protection Order against the Respondent as per the affidavit(s) and record of oral evidence(if any) attached, and an interim protection order was not issued, and after consideration of the application the Court now makes the order hereunder.
4.3 A copy of this order and the warrant of arrest must be forwarded to the Police Station, once this order has been served on the Respondent.
SECTION 8(1)(a) OF THE DOMESTIC VIOLENCE ACT, 1998 (ACT NO.
Therefore you are hereby authorised and ordered to forthwith arrest the Respondent in terms of the provisions of the Domestic Violence Act, 1998, if there are reasonable grounds to suspect that the Complainant may suffer imminent harm as a result of the alleged breach of the protection order by the Respondent.
4.1 I require a *second/further warrant of arrest for my protection.
A copy of the Protection Order (indicating what orders were made), and the original warrant of arrest are attached.
A certified copy of the Protection Order and warrant of arrest were forwarded to the following Police Station :.
Date(s) of breach of protection order:.
Place(s) where breach of protection order took place : ........................................... .............................................. ............................................................................................................................................................................................
SECTION 8(4)(c) OF THE DOMESTIC VIOLENCE ACT, 1998 (ACT NO.
Sex: Occupation/Status: Id No.
You are guilty of the offence of contravening section 17(a) of the Domestic Violence Act, 1998 (Act No.
Note: (1) Please produce this document to the Clerk of the Court on the date of trial.
By failing to appear before the Court as notified you may be convicted of an offence and upon conviction be sentenced to a fine or imprisonment for a period not exceeding six months.
I (rank and name), in my capacity as a member of the South African Police Service stationed at , hereby certify that I have handed the original of this notice to the Respondent mentioned therein at (place) on (date) and that I explained the contents thereof to the said Respondent.
(Name, rank and service no.
(b) The variation of the Protection Order as follows : ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................
The reasons for my request are as follows : ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. ................................................................................................. ..............................................................................................
<fn>GOV-ZA.1999ArEn.2012-02-10.en.txt</fn>
To: Dr P M Maduna, MP, Minister for Justice and Constitutional Development.
I have the honour to submit to you in terms of section 7(2) of the South African Law Commission Act 19 of 1973, the Commission's report on all its activities during 1999.
Insurance Act 27 of 194321 4.
Project 115 - Review of administrative law30 5.
Project 119 - Uniform national legislation on the fencing of national roads70 6.
Internet82 7.
When the Commission assumed office on 1 January 1996 it committed itself to law reform processes that would be open, fair, relevant and responsive. This was a challenging task given the major discrepancies at the time between the ideal of justice and the content of law. The Commission shared the ideal of the South African population in expecting the legal system to embody justice and to promote respect for the democratic values of their Constitution. The different socio-economic circumstances of South Africans, the differing patterns of rural and urban life and the multicultural social fabric of our country emphasised the need for new approaches to law reform.
To achieve this ideal the Commission shifted the emphasis in its law reform programme to an approach that was responsive to the emerging needs of the new South African society. It was agreed that the execution of the Commission's mandate depends on establishing a creative and comprehensive process of consultation with South Africans to ensure that its work is responsive to their real needs. The Commission has consequently broadened its consultative base, while maintaining close cooperation with academic institutions, the private sector and non-governmental organisations. The Commission also extended its consultative process by conducting countrywide workshops in urban and rural areas. Inadequacies in the legal system have been approached from a multi-disciplinary perspective in appropriate cases.
The Commission's three-year term of office expired on 31 December 1998 and a new Commission was appointed for a period of three years with effect from 1 January 1999. With the exception of Judge P J J Olivier who served as Vice-Chairperson in the previous Commission, all the members were re-appointed. Judge Olivier was requested by the Minister of Justice to head a Task Team to advise him on the issues of court management, case management and judicial training. Judge Y Mokgoro is congratulated on her appointment as the new Vice-Chairperson and Judge M L Mailula whose appointment further advances race and gender representativeness, is welcomed as a new member of the Commission.
No issue papers were published during the year under review. Issue papers published by the Commission are listed in Annexure E.
Eight discussion papers were published for consultation purposes.
Draft reports in two comprehensive investigations, namely juvenile justice and review of the law of insolvency, were all but completed during the year under review. It is envisaged that these draft reports will be considered by the Commission in February 2000. It is also envisaged that draft reports on the need for a statutory offence aimed at harmful HIV-related behaviour and the compulsory HIV testing of persons arrested in sexual offence cases will be considered by the Commission in the first half of 2000.
No Acts emanating from reports of the Commission were adopted by Parliament during 1999.
No new investigations were included in the Commission's programme during the year under review.
Ë steps aimed at making the common law more readily available.
Ë six persons who appear to the President to be fit for appointment on account of the tenure of a judicial office or on account of experience as an advocate or as an attorney or as a professor of law at any university, or on account of any other qualification relating to the objects of the Commission.
In terms of section 3(2) of the Act the President may appoint one or more additional members if he deems it necessary for the investigation of any particular matter by the Commission. The volume of work generated by the research staff has increased considerably over the last few years. This has substantially increased the workload of Commissioners, which now involves the holding of workshops, especially in relation to project leadership. On 27 October 1999 the President appointed Ms Cora Hoexter, part-time lecturer in the School of Law, University of the Witwatersrand, as an additional member of the Commission for the investigations into statutory law revision; publication of divorce proceedings; the legal position of voluntary associations; and domestic partnerships.
Section 7A of the Act provides for the establishment of committees of the Commission. There are two categories of committee: those appointed by the Commission and consisting of members of the Commission only, and those consisting of members of the Commission and persons who are not members of the Commission. The latter are appointed by the Minister. The object of the second category of committees is to utilise the expertise of persons outside the Commission and to ensure direct community involvement in the activities of the Commission.
Under the first category of committee the Commission has established a working committee that consisted of Professor R T Nhlapo as convenor, and any other members of the Commission coopted for meetings according to their availability.
Project committees fall under the second category of committee. The Commission follows the practice of instituting project committees consisting of experts to assist with investigations and to advise the Commission if a specific investigation in the Commission's programme so requires.
During the course of the year under review a project committee was established on Islamic marriages and related matters. The names of the members of the committee appear in Annexure B. The Commission would like to express its appreciation to individuals and organisations for their willingness to serve on project committees of the Commission.
The research component of the Secretariat consists of 17 state law advisers from diverse backgrounds. Their task is to do the necessary research under the guidance of project leaders (who are designated by the Commission), to consult with interested parties, to compile discussion papers and draft reports and to carry out other assignments of the Commission.
Mr M F Palumbo also serves as assistant to the Commission's Secretary. Currently there is one vacancy for a state law adviser. The filling of the post is receiving attention.
The librarian is Ms M A Kgasago.
The filling of vacancies in the establishment of the administration is in progress. As a result of revised working methods and a community-oriented approach to law reform there has been a considerable increase in the workload of the administration. A work study investigation resulted in the creation of two additional posts in the administration. These posts, however, could not be established due to a lack of money. The services of two senior administration clerks, Ms P J Kotze and Mr A Singh, who are carried against posts elsewhere in the Department of Justice have been acquired. As a result of further increases in the workload of the administration the services of an additional administration clerk, Mr R Swart, have been obtained on the same basis. From time to time temporary staff have also been employed.
A further work study investigation is currently in progress to assess the establishment of the administration. The Commission would like to record its appreciation for the assistance rendered by the Department of Justice in striving to ensure that support services at the Commission are up to strength.
The Commission wishes to express its appreciation to the members of the Secretariat for their outstanding services to the Commission. The Commission wishes to make special mention of the generally high standard of working documents and reports submitted to the working committee and the Commission by the research staff. The Secretariat, both on the professional and administrative levels, carried a considerable workload during the year under review. This was the result of additional work generated by the community-oriented and consultation-based approach adopted by the Commission and the high priority accorded to investigations commissioned by government.
Funds for the expenditure connected with the Commission's activities are provided in the Vote of the Department of Justice under the Law Reform Subprogramme. The Secretary is consulted on the compilation of the draft Vote. The funds made available have up to now been sufficient for the Commission's requirements, taking into account the Commission's continuous efforts to limit expenditure. It should be noted, however, that the Commission will find it extremely difficult to fulfil its obligations adequately in the forthcoming financial year unless its budget is increased adequately. Factors necessitating such an increase are the increase both in personnel and in the work done by the Commission. In addition, the implementation of the strategic plan as contemplated by the Department's Justice Vision 2000 document, in which the Commission is actively involved, will have a bearing on the Commission's resources.
The Commission's resources are supplemented by funding and technical assistance from foreign and local donors for specific projects. During the year under review the Commission has received financial support from USAID; the Swedish Embassy (Rapid Response Fund); the Department for International Development (UK); Save the Children Fund (UK); Rädda Barnen (Swedish Save the Children); Save the Children Fund (Southern Africa); the German Development Co-operation (GTZ); the Nelson Mandela Children's Fund; and the Department of Welfare and Population Development. The Commission records its deep appreciation to these agencies.
The Commission's present programme appears in Annexure C. An investigation removed from the Commission's programme during the year under review is dealt with in Chapter 3. Annexure D contains a list of all the investigations included in the Commission's programme since its inception and indicates the final result or current state of investigations.
Any person or body is free to submit proposals for law reform to the Commission. In each case the Commission considers the merits of a proposal. In some instances a preliminary inquiry is instituted in order to determine whether the inclusion of a matter in the Commission's programme is justified. The Commission also includes matters in the programme of its own accord.
Research is done to determine authoritatively the existing legal position and to identify shortcomings or deficiencies that need to be rectified. Consultation takes place between the researcher and project committee (where one exists) and interested parties or persons with particular knowledge concerning the matter under investigation. Comparative studies are carried out in order to enable the Commission to benefit from experiences elsewhere in the world. The consultation process is facilitated by the Commission's policy (since 1996) of compiling issue papers as a first step. Issue papers outline the problems encountered with particular areas of the law and invite submissions on possible solutions. They are distributed as widely as possible for general information and comment and are in appropriate cases also supplemented by workshops. Responses to an issue paper and further intensive research form the basis for the preparation of a discussion paper.
Judging from comments received, the Commission's discussion papers and reports are of a high standard and are well regarded. There appears to be an increasing tendency in faculties of law to prescribe the Commission's discussion papers and reports as reading for their students at undergraduate as well as postgraduate level.
In view of the many valuable comments and proposals received on the Commission's recommendations as contained in its documents, there is no doubt that its working methods have proved successful. These methods ensure that the Commission's final recommendations are well substantiated and are the product of thorough debate. They also facilitate the passage of the Commission's proposed legislation which embodies the recommendations.
This series is used mainly for publications intended to make the common law more readily available and contains translated common law sources and noter-ups. A research paper on the contemporary issue of domestic violence was published in the year under review. Papers published in this way are listed in Annexure G.
The Commission met five times during 1999, namely on 10 April, 5 June, 13 August, 22 October and 27 November.
The working committee of the Commission met four times, namely on 9 April, 4 June, 12 August and 2 December.
Three of the judges (Nienaber, Schutz and Marais JJA) in the Supreme Court of Appeal case of Clifford v Commercial Union 1998 (4) SA 150 (SCA) were of the view that consideration should be given to the amendment of the law to reverse the effect of the decision in Qilingele v South African Mutual Life Assurance Society 1993 (1) SA 69 (A). The other two judges refrained from expressing a view on the matter. The matter was referred to the Law Commission for consideration.
The Insurance Act 27 of 1943 was repealed in 1998 and replaced by the Short Term Insurance Act 53 of 1998 and the Long Term Insurance Act 52 of 1998. Sections 52 and 59 of the respective new Acts correspond with section 63(3) of the repealed Act. It transpired that the Financial Services Board was giving attention to the amendment of sections 52 and 59 of the new Acts. On 26 April 1999 a meeting was held with the Financial Services Board and it was resolved that for practical reasons the Board would continue with its process of amending the legislation and that the Commission should remove the investigation from its programme. On 5 June1999 the Commission approved the removal of the investigation from its programme.
The Minister endorsed the Commission's decision to remove the investigation from its programme.
On 15 December 1997 the General Assembly of the United Nations adopted a resolution, co-sponsored by South Africa, recommending that States review their legislation on cross-border insolvency and in that review give favourable consideration to the Model Law on Cross-Border Insolvency developed by the United Nations Commission on International Trade Law (UNCITRAL), bearing in mind the need for internationally harmonised legislation governing instances of cross-border insolvency. The Model Law was developed by the United Nations Commission on International Trade Law in close cooperation with the International Association of Insolvency Practitioners (INSOL) over a number of years and benefited from INSOL's expert advice during all stages of the preparatory work. Active consultative assistance during the formation of the Law was also received from Committee J of the Section on Business Law of the International Bar Association.
Ë facilitation of the rescue of financially troubled businesses, thereby protecting investment and preserving employment.
There is strong support for the enactment of the Model Law in South Africa. As few changes as possible have been made to the Model Law in order to strive for a satisfactory degree of harmonisation and certainty, but the Model Law has been adjusted in a draft Bill to suit South African law. In terms of the Bill the Insolvency Act is amended to indicate that foreign representatives and creditors have access to the court as provided in Chapter 2 of the Model Law and that applications for the liquidation of the estate of a debtor are limited as provided in Chapter 5 of the Model Law.
The interim report was submitted to the Minister on 23 June 1999.
This investigation was necessitated by the acknowledgement that it is not always clear when customary law should be applied in real life circumstances and the realisation that both Roman-Dutch law and customary law are now major components of the state's legal system.
Courts and litigants need clear and explicit choice of law rules to indicate when common law or customary law will be applicable to the facts of a particular case. A new enactment devoted exclusively to the application of customary law is now needed in order to disentangle choice of law rules. This report has attempted to achieve this purpose.
Ë Application of customary law should remain a matter of judicial discretion, but more exact guides to choice of law are necessary to bring certainty to an issue that is currently vague and confused. These guides should be precise, flexible, simple and in keeping with the way in which courts have been used to solving choice of law problems.
Ë The new choice of law rules should indicate that parties are free to agree on the law that best suits their needs. If no express agreement was made, courts should attempt to discern which law the parties would reasonably have expected to apply in the circumstances of the case. In order to assist courts in this inquiry, a list of factors that typically indicate the parties' expectations should be provided. No one factor on its own should be regarded as decisive in indicating the applicable law; rather, all the factors should be considered in combination in order to discover the legal system with which the case has its closest connection.
Ë The procedure contained in the Black Administration Act for exempting individuals from customary law is so closely identified with colonialism and apartheid that it must now be repealed.
Ë The repugnancy proviso no longer has a useful role to play and it should be repealed.
Ë Race should be irrelevant either as a criterion for applying customary law or for determining the jurisdiction of traditional courts.
Ë Section 23(1) of the Black Administration Act should be amended to provide that only the testator's personal interests in property may be disposed of by will and elements of gender discrimination should be removed from the regulations governing succession to land held under quitrent tenure.
Ë Existing choice of law rules contained in regulations issued under the Black Administration Act and in the Act itself should be deleted or amended, since they are poorly worded, conflict with proposed reforms in the customary law of marriage or no longer serve any useful purpose.
Ë Section 1(3) of the Law of Evidence Amendment Act should be repealed and a new provision should be drafted to give clearer rules on choice of law. Recognition should be given to the litigants' freedom to agree on the applicable law and, in the absence of an agreement, courts should apply the law with which the case has its closest connection.
The report was submitted to the Minister at a media conference on 8 September 1999.
A review and rationalisation of South Africa's security legislation is undertaken to ensure that the legislation is in accordance with international norms, the Constitution and present requirements of the country.
Ë The regulation of the interception of cellular communications.
Ë The insertion of a definition of "communication" into the Act to ensure that any conversation or communication can be intercepted.
Ë The addition of further offences in the definition of "serious offence" to fall within the ambit of the Act.
Ë That communications between a legal representative and his or her client may not be intercepted or monitored, except if on reasonable grounds, the judge is satisfied that such a legal representative is involved in, or aiding or abetting a serious offence or an offence threatening the security of the Republic.
Ë That the judge upon application may direct further additions or amendments to an existing directive if he or she is satisfied that the addition or amendment is necessary.
Ë That no person, body or organization rendering a telecommunication service, may provide any such service which does not have the capacity to be monitored and that the investment, technical, maintenance and operating costs in enabling a telecommunication service to be monitored, shall be carried by the person, body or organization rendering such a service.
Ë That any person, body or organization rendering a telecommunication service shall at own cost and within the period specified in a directive by the Minister for Posts, Telecommunications and Broadcasting, acquire the necessary facilities and devices to enable the monitoring of communications and that the remuneration payable to telecommunication service providers referred to in the Act shall only be in respect of direct costs incurred in respect of personnel and administration and the lease of telecommunications systems, where applicable, and shall not include the costs of acquiring the facilities and devices.
Ë That the South African Police Service, the South African National Defence Force, the Intelligence Agency and the Secret Service shall, at State expense, equip, operate and maintain central monitoring centres for the authorized monitoring of conversations or communications and that an agreement on the sharing of any such central monitoring centre shall not be excluded.
Ë That the availability of the procedures set out in the Bill in respect of the ongoing provisioning of call-related information shall exclude the use of any power in any other Act, to obtain evidence or information in respect of a person, body or organization.
Ë That any person, body or organization rendering a telecommunication service shall ensure that proper records regarding identities and addresses are kept in respect of clients to whom a telecommunication service is provided, whether on a prepaid or contract basis and to require positive identification from a client to whom such a service is provided.
Ë That any person, body or organization rendering a telecommunication service, shall provide such information regarding the customer who has contracted for the use of such telecommunication service to the South African Police Service, the South African National Defence Force, the Agency or the Service, as may be required by an officer or member, to fulfil the functions and exercise the powers authorized by law.
Ë That if a judge considers any case to be sufficiently urgent, the procedure set out in the Act may be dispensed with and the matter may be dealt with in such manner and subject to such conditions as the judge may deem fit, including the grant in any appropriate case of an oral directive followed up by written application incorporating the terms of the directive within one week, and that where an oral directive was issued, the judge must reduce it to writing within two days.
Ë That the use of any information obtained through the application of the Act, or any similar Act in another country, as evidence in any prosecution, is subject to the decision of a Director of Public Prosecutions or an Investigating Director.
Ë That information regarding the commission of any criminal offence, obtained by means of any interception or monitoring in terms of the Act, or any similar Act in another country may be admissible as evidence in criminal proceedings.
The report was submitted to the Minister on 23 November 1999.
The provisions for the sharing of retirement fund benefits on divorce as provided for by the Divorce Act 70 of 1979, via the Divorce Amendment Act 7 of 1989, proved to be unsatisfactory in several respects.
Ë The sharing of retirement fund benefits between spouses on divorce must be governed by substantive legislation separate from the Divorce Act,1979.
Ë Provision should be made for the division of retirement benefits as such and not merely for the exchange of compensatory assets in place of such benefits.
Ë The exchange of compensatory assets in place of a share of retirement fund benefits should nevertheless remain as an option available to the spouses.
Ë Spouses may exclude pension sharing in terms of their antenuptial contract.
Ë A spouse may waive any right to retirement fund benefits.
Ë Spouses may agree in writing to share retirement fund benefits in different proportions than those prescribed.
Ë Subject to the principles contained in the proposed legislation, a retirement fund may make use of approximate calculations where exact data is not obtainable.
Ë The costs that are recoverable from spouses in respect of the division of benefits may be prescribed by regulation.
Ë The non-member spouse has a right to a share of the retirement fund benefits which accumulated in respect of the member during the marriage. The extent of the right is prescribed in the formulae set out in the proposed legislation in respect of the various types of retirement schemes.
Ë Any share of retirement fund benefits to which a non-member spouse is entitled is made available on a locked-in basis - in other words, by way of deferred pension and not as a cash benefit.
Ë Benefits to which a non-member spouse is entitled must be paid to him or her direct from the retirement fund by which the benefits are held on behalf of the non-member spouse.
Ë If the non-member spouse dies before the date on which the benefits become payable to the member, the withdrawal value of the benefits on the date of the death of the non-member spouse is payable to his or her estate.
Ë The sharing of retirement fund benefits is at this stage limited to spouses whose marriages are recognized as such in terms of existing law.
Ë The proposed legislation should make it clear that retirement fund benefits are not divided as part of the matrimonial property of spouses.
Ë The proposed legislation should be applicable in respect of marriages dissolved after the commencement of the new provisions.
Ë The new provisions should not apply in respect of spouses who have in terms of their antenuptial contract chosen complete separation of their property, but such spouses should be allowed to make the said provisions applicable to them by way of written contract.
The report was submitted to the Minister on 22 June 1999.
The Constitution of 1996 requires an Administrative Justice Act to be in place before 4 February 2000.
Ë Following section 33 of the Constitution, at the core of the draft Bill is the concept of "administrative action", which is widely defined. The key exclusions are the listed executive functions (which are not, properly viewed, administrative functions), and the legislative actions of Parliament, provincial legislatures and municipal councils. Administrative action by natural or juristic persons contemplated in section 8(2) of the Constitution and exercising a public power or performing a public function (e.g. non-statutory bodies controlling national sports codes) is specifically included. Collectively these bodies and organs of state are termed "administrators".
Ë Other important features of Chapter 1 are the wide definition of "standing" (in the definition of "qualified litigant"), and provision for a review jurisdiction which includes designated magistrates' courts.
Ë Chapter 2 of the Bill imposes a duty on all administrators to give effect to the rights in section 33(1) and (2) of the Constitution (clause 2 of the draft Bill, following section 33(3)(b) of the Constitution) and provides for the review of administrative action by the courts and independent and impartial tribunals (section 33(3)(a) of the Constitution).
Ë In accordance with the requirement in section 33(3) of the Constitution that national legislation "be enacted to give effect to" the rights in section 33(1) and (2) of the Constitution, the draft Bill requires administrative action to be procedurally fair. This is achieved by core requirements applying to all administrative action. Additional requirements may apply in appropriate circumstances. There is provision for a departure from the mandatory provisions if circumstances justify it, and then only to the extent necessary.
Ë Another important part of the Bill relates to the provision of reasons for administrative action. This places a general obligation on an administrator (pursuant to the constitutional obligation in section 33(3) read with section 33(2) of the Constitution) to give reasons in writing when requested. This must be done within 90 days after the person was informed of the administrative action and the reasons for it, or becomes aware of it, or might reasonably have been expected to have become aware of it. (Provision is made for the amelioration of this time period, and also for the enforcement of the obligation to furnish reasons.) Flexibility is also introduced in the Bill to ensure again that administration is not stultified by unrealistic requirements, while at the same time giving effect in a practical way to the constitutional entitlement.
Ë Chapter 4 focuses on the grounds of review, and the procedure for obtaining it. The Bill specifies the grounds of review established at common law, adapted in the light of recent formulations in South Africa and in other countries with a similar review jurisdiction. Two features are important: the distinction between review and appeal is retained, and the list is not a closed one. In this way, the opportunity exists for the courts to continue to develop and to define the South African law of review, in the spirit of section 8(3) of the Constitution.
Ë The Bill specifies remedies available in proceedings for judicial review. These encompass both mandatory and prohibitory interdicts, declaratory orders, orders to give reasons, and review orders in the classic sense, setting aside the administrative action in question and either remitting it or, in exceptional cases, substituting or varying the administrative action and directing the payment of compensation.
Ë Provision is also made for the extension of time periods specified in the statute. The solution proposed is to require the institution of proceedings in all cases without unreasonable delay, but with an outer limit of 180 days of the day on which the person was informed of the administrative action, or otherwise became aware of it, or might reasonably have been expected to have become aware of the action (the language of most prescription statutes, which have survived judicial scrutiny in the past). That outer limit, in turn, must be amenable to judicial dispensation in special cases where the interests of justice so require.
Ë Chapter 5 deals with rules and standards. The Bill requires administrators in general and flexible terms to take appropriate steps to communicate rules to those likely to be affected by them, and to impose upon administrators flexible obligations relating to the manner in which this is to be achieved. In relation to rules and standards, administrators are required to compile registers and indices to ensure accessibility. There is also provision for the proposed Administrative Review Council to devise ways of making these measures more accessible, of pruning them, and of improving their content.
Ë Chapter 6 focuses on the contemplated Administrative Review Council.
Ë The last chapter of the Bill deals with general matters. It allows the President, in providing for the proposed Administrative Justice Act to come into operation, to set different dates for the commencement of certain clauses.
In this Chapter the position regarding uncompleted investigations on the Commission's programme is discussed. Reports completed are discussed in Chapter 4.
The Commission resolved that the project should enjoy a very low priority.
Up to the present the investigation has remained an ideal in respect of which very little has been achieved. Over the years the Commission has got rid of a considerable amount of deadwood in the statute book through a number of repeal Acts - see projects 7 and 25 (Annexure D). Furthermore, the Commission is striving to give effect to the above-mentioned objectives in the separate investigations that it is undertaking.
Another important dimension of this investigation is the need to purge the statute book in order to identify and rectify unconstitutional provisions.
As a result of the cost implications identified above, negotiations are currently underway with USAID on the possibility of donor funding for the establishment of a Unit for Statutory Law Revision.
The project committee established for the purpose of the investigation met in 1990 and considered a working paper dealing with the nature of Islamic law and the conflict between the common law and Islamic law as well as the observance of Islamic law in South Africa. A comparative legal study received further attention during the year. Further work in the investigation was delayed by the finalisation of the 1996 Constitution, among other factors.
Section 15(1) of the Constitution guarantees everyone the right to freedom of conscience, religion, thought, belief and opinion. Section 15(1) of the Constitution read with section 15(3) does not prevent legislation recognising marriages concluded under any tradition or under a system of religious, personal or family law, provided recognition is consistent with section 15 and the other provisions of the Constitution. These provisions now provide the constitutional framework for the future recognition of Islamic marriages.
In March 1997 two workshops were held in order to involve the public in the planning of the investigation and to elicit nominations for appointment to the project committee. As a result of advertisements in the press and the open invitation extended at the workshops 78 nominations were received. On 3 March 1999 the Minister appointed a project committee with Judge M S Navsa as project leader. The names of the project committee members are contained in Annexure B.
A task team consisting of four members of the committee was appointed to investigate the constitutionality of a system of choice in terms of which parties to an Islamic marriage may opt for the application of secular law as opposed to Islamic law. The task team was also to develop draft legislation. On 5 June 1999 the Commission approved the appointment Mr Marcus SC to assist the task team. It was decided that Mr Marcus would draft a constitutional framework within which a system of choice could operate. The framework was considered by the task team on 9 October 1999 and a structure for possible legislation was developed. Mr Marcus was tasked to refine the structure, which will be considered by the project committee in January 2000.
It is expected that a discussion paper will be ready for consideration by the Commission in the first quarter of 2000.
A comprehensive discussion paper (discussion paper 66) which contained a Draft Insolvency Bill and Explanatory Memorandum was published for comment. Detailed and well-considered comments on the Draft Insolvency Bill and Explanatory Memorandum were received. The Draft Insolvency Bill was amended to reflect the comments received, the results of further research and subsequent developments. Discussion paper 86 containing an amended Draft Insolvency Bill was published to elicit responses from key parties.
Ë Section 1 of Act 6 of 1991 substituting section 34 of the Insolvency Act, 1936, to regulate the voidable sale of a business.
Ë Section 1(3) to (5) of Act 57 of 1993 dealing with the preference conferred by a special bond over movable property.
Ë Act 122 of 1993 dealing with insolvency interdicts.
Ë Section 1 of Act 129 of 1993 dealing with appeals against sequestration orders.
Ë Act 32 of 1995 dealing with the protection of financial markets in the event of insolvency.
In May 1998 a proposed adaptation of UNCITRAL's Model Law on Cross-Border Insolvency for enactment in South Africa was distributed for comment. The Commission considered the comments and an interim report recommending the enactment in South Africa of UNCITRAL's Model Law on Cross-Border Insolvency was submitted to the Minister on 23 June 1999. The Bill was approved by Cabinet on 29 September 1999.
Ë Disqualification and personal liability of directors.
Ë Judicial management.
Ë Compromises and arrangements.
Ë The position of related companies.
Ë Dissolution and deregistration of companies.
Ë Provisions in respect of close corporations.
Ë Provisions in respect of other legal persons.
In April 1998 the Standing Advisory Committee on Company Law agreed that the Centre for Advanced Corporate and Insolvency Law at the University of Pretoria should undertake a project aimed at merging the liquidation provisions of the Companies Act 61 of 1973 and the Close Corporations Act 69 of 1984 into the draft Insolvency Bill drawn up by the Commission. The Centre produced a working document that was discussed at a symposium presented by the Centre and the Transvaal Law Society on 23 October 1998. The Centre held workshops during December 1998 to refine the proposals in the working document. A conference on a draft unified Insolvency Act was held on 6 October 1999. The Centre undertook to finalise a report on a unified Insolvency Act as soon as possible.
According to current planning the investigation will be concluded in the first quarter of 2000.
The investigation entails a comprehensive review of the Criminal Procedure Act 51 of 1977. Owing to the extent of the task the Commission adopted an incremental approach to the investigation. The objects are to investigate the possibility of shortening and simplifying certain cumbrous procedures that give rise to the unnecessary protraction of trials as well as to investigate the influence of the Bill of Rights on the Criminal Procedure Act.
The Minister appointed anew project committee with effect from 24 July 1998.
Ë An investigation into the question whether or not the Director of Public Prosecution should be given the right to appeal on a question of fact relating to the merits of a case.
Ë An investigation into the viability of the establishment of a dual system of criminal procedure for defended and undefended accused persons and the incorporation of inquisitorial elements in the procedure. The project committee requested Professor Steytler, a committee member, to conduct research in this regard and to prepare a discussion paper and a report. Financial assistance for the task was provided by the German Technical Corporation (GTZ).
Ë An investigation into the application of the Bill of Rights to criminal procedure, criminal law, the law of evidence and sentencing.
A draft discussion paper on the right of the Attorney-General to appeal on questions of fact was approved for publication by the working committee on 2 December 1999. The discussion paper will be published early in 2000 and a summary of the recommendations contained in the discussion paper will appear in the 2000 annual report.
A draft discussion document on the establishment of a dual system of criminal procedure for undefended accused persons and the incorporation of inquisitorial elements in the procedure was considered by the project committee on 24 November 1999. The project committee requested Professor Schwikkard and Judge Nugent to do research and prepare a discussion paper during 2000.
A draft discussion paper on the application of the Bill of Rights to the criminal law, the law of criminal procedure and sentencing was approved for publication by the working committee on 2 December 1999. The discussion paper will be published early in 2000 and a summary of the recommendations contained in the discussion paper will appear in the 2000 annual report.
The objective is to develop a comprehensive Sentencing Act that would provide a permanent framework for sentencing in South Africa. In doing so the project committee, which was newly appointed in September 1998, plans to adopt a holistic approach to all issues related to sentencing, which would include placing victims at the centre of the criminal justice system. The names of the project committee members are reflected in Annexure B.
The project committee considered the Criminal Law Amendment Act 105 of 1997 and noted that it was a temporary measure and that its sentencing provisions would cease to have effect at the end of April 2000. On 30 November 1998 the committee met to formulate principles of a broad sentencing policy and to consider a broad framework for empirical research to assess the impact of the Criminal Law Amendment Act 105 of 1997. Tenders to farm out the research were invited. On 2 February 1999 the committee considered the tenders and the Institute for Criminology (UCT) and the Institute for Security Studies were contracted by the GTZ to do preliminary research. A provisional report was submitted on 26 March 1999. Final research proposals were submitted in May 1999 and it is envisaged that the research will be completed in the beginning of 2000.
On 10 September 1999 the project committee resolved to enter into a contractual agreement with the project leader to do research and prepare a draft discussion paper on a comprehensive Sentencing Act by April 2000. Financial assistance will be given by the GTZ.
On 2 February 1999 the project committee also considered the continuation of its investigation into restorative justice with the emphasis on victim issues. A focus group was requested to consider the matter and to report back to the project committee on a plan of action. The focus group met on 29 March 1999. Draft discussion documents on victim impact statements, a compensation fund for victims of crime, and victims' rights were considered by the focus group on 25 May 1999. A workshop to develop a work programme for the focus group was held on 29 - 30 July 1999. On 10 September 1999 a subcommittee on victim empowerment was established. On 2 December 1999 the subcommittee decided to co-opt members of existing project committees and appoint additional members if necessary. The committee also decided that research in respect of the investigation into establishing a compensation fund for victims of crime should be farmed out.
The project committee adopted an incremental approach in dealing with its mandate. During the past three and a half years the Commission published five discussion papers and three interim reports. These dealt with health care related issues (discussion paper 68 and first interim report); pre-employment HIV testing (discussion paper 72 and second interim report); and HIV/AIDS in schools (discussion paper 73 and third interim report). The Commission's 1997 annual report contains information regarding the first interim report. Information regarding the other two interim reports is contained in the Commission's 1998 annual report.
In 1998 the Commission completed a fourth discussion paper (discussion paper 80) dealing with the need for a statutory offence aimed at harmful HIV-related behaviour. The discussion paper was published in January 1999 and the closing date for comment was 31 March 1999. Information regarding the discussion paper is contained in the 1998 annual report. The project committee has since considered the comment on the discussion paper, proceeded with additional research, and received inputs from the Commission's sexual offences project committee. In view of the divergent comments received a focus discussion group meeting with experts and stakeholders will be held in February 2000.
A fifth discussion paper (discussion paper 84) dealing with the question of compulsory HIV testing of persons arrested in sexual offence cases was published for general information and comment in September 1999.
The discussion paper points out that our law at present provides for HIV testing only with the informed consent of the person concerned; that every person is entitled to privacy regarding medical information; and that no general legislation exists which allows for disclosures. Furthermore, neither currently available public health law nor criminal procedure make provision for compulsory HIV testing of persons arrested for having committed sexual offences with a view to disclosing their HIV status to victims. The discussion paper consequently debates the need for legislative intervention concentrating on the following critical issues: the high national prevalence of HIV coupled with the high occurrence of rape and other sexual offences; the utility and limitations of HIV testing; women's international and constitutional rights, including victims' rights; and the arrested person's constitutional rights, especially the right to privacy.
The Commission arrives at the preliminary conclusion that there is a need for statutory intervention to provide for compulsory HIV testing of arrested persons in sexual offence cases. The intervention is necessary in the light of women's undoubted vulnerability in South Africa today to widespread sexual violence amidst the increasing prevalence of a nationwide epidemic of HIV and in the absence of adequate institutional or other victim-support measures. In these circumstances there is a compelling argument for curtailing an arrested suspect's rights of privacy and bodily integrity to a limited extent to enable his accuser to know whether he has HIV. The benefit to alleged victims of the knowledge is not only immediately practical in that it enables them to make life decisions and choices for themselves and people around them; it is also profoundly beneficial to their psychological state to have even a limited degree of certainty regarding their exposure to a life-threatening disease. That the arrested person's rights are infringed must be acknowledged and this must be reflected in safeguards built into the process created.
Ë Compulsory testing of an arrested person should in principle be victim-initiated. This will ensure that only a person with a material interest in the arrested person's HIV status may apply for a compulsory testing order.
Ë In order to protect the victim from a further potentially traumatising confrontation, the arrested person should not be allowed to take part or give evidence in an application by the victim for compulsory testing, except to be able to challenge whether information on oath has in fact been placed before the magistrate in compliance with the provisions.
Ë A specified standard of proof should be required on which to base an order for compulsory HIV testing. The Commission is of the opinion that this should consist of the prosecution showing prima facie that the arrested person committed the sexual offence in question, and that the act was of a type that could indeed transmit HIV.
Ë Compulsory HIV testing of an arrested person should take place only on authorisation by a court. Furthermore, this should be a discretionary power resting with the presiding officer hearing the application.
Ë In order to guard against abuse of the procedure certain procedural and substantive safeguards must be provided for. These should include scrutiny by a magistrate of an application for the compulsory testing of the arrested person; a deposition on oath, whether oral or by affidavit; and prima facie evidence of a sexual offence in which exposure to the body fluids of the arrested person may have occurred.
Ë A deliberately false complaint would amount to perjury and a malicious activation of the procedure would be actionable.
Ë The procedure should ensure confidentiality of the test results so that the information is provided only to the victim and the arrested person.
Ë The use of information relating to the HIV status of an arrested person obtained under the proposed amendment should be clearly limited: test results obtained through compulsory testing should not be admissible as evidence in a criminal trial.
Ë The procedure need not necessarily be HIV specific.
On the basis of the above, the Commission provisionally recommends the adoption of a specific amendment to section 37 of the Criminal Procedure Act 55 of 1977. The closing date for comment on the discussion paper was extended from 15 to 30 October 1999. On 6 December 1999 the project committee considered the comment received. In view of a need, reflected in the comment, for draft legislation to be supplemented by regulations dealing with the practical implementation of the recommended testing procedure, a focus discussion group with stakeholders will be held in February 2000.
It is envisaged that interim reports dealing with the two issues expounded in the fourth and fifth discussion papers will be finalised in the first half of 2000.
On 22 October 1999 the Commission decided that the name of the project should be changed from "Harmonisation of the common law and indigenous law" to "Customary law", since the name would be a more appropriate description of the work in which the project committee is presently engaged.
The aim of the investigation is to ensure the orderly development of customary law as a component of the plural legal system in a way that is compatible with the Constitution.
Ë The recognition of customary marriages.
Ë Conflict of laws.
Ë Law of succession.
Ë Traditional Courts.
Information regarding the report on customary marriages appears in the 1998 annual report.
A draft report on conflicts of law was considered by the Commission and approved for publication on 13 August 1999. The report was submitted to the Minister at a media conference on 8 September 1999. Information regarding the report appears in Chapter 4.
An issue paper on succession was published for general information and comment on 28 April 1998. The closing date for comments was 30 June 1998. Information regarding the issue paper is contained in the 1998 annual report. The development of a discussion paper was receiving attention when the Department of Justice introduced a Bill in Parliament entitled the "Customary Law of Succession Amendment Bill". The Bill having since been withdrawn, the Minister ordered on 19 September 1999 that the investigation should go back to the Law Commission as a matter of urgency. A discussion paper will be finalised by the end of March 2000.
A discussion paper on the judicial powers of traditional leaders was published for general information and comment on 6 May 1999. The closing date for comments on the discussion paper was extended to 31 August 1999. A draft report will be finalised in the first quarter of 2000.
A report on international commercial arbitration was submitted to the Minister on 12 October 1998. Cabinet approval for the introduction of the Bill in Parliament was obtained on 28 April 1999.
A discussion paper on domestic arbitration was submitted to the Minister at a media conference on 8 September 1999. The closing date for comment was 29 October 1999.
The discussion paper contains proposals for a new domestic arbitration statute intended to replace the Arbitration Act 42 of 1965.
Arbitration is increasingly recognized as an important method of resolving commercial and other disputes, which can help to relieve the pressure on the civil justice system. Arbitration needs to be supported by appropriate legislation. The objects of a modern arbitration statute are the fair resolution of disputes by an impartial tribunal without unnecessary delay and expense; party autonomy; balanced powers for the courts; and adequate powers for the arbitral tribunal to conduct the reference effectively. It is clear that the existing Arbitration Act 42 of 1965 fails to meet these objectives adequately.
The Commission's investigation has revealed that there are three basic options for a new domestic arbitration statute. The first is to improve the existing statute while retaining its basic provisions. In view of the dramatic improvements to arbitration legislation in other jurisdictions, notably England, during recent years, this option does not appear to be practical. The second is to follow the approach adopted by several other countries and to adopt the United Nations Commission on International Trade Law (UNCITRAL) Model Law for both domestic and international arbitration. Because of the need, in the context of international arbitration, to keep changes to the content and language of the Model Law to a minimum, this approach also appears to be inappropriate for the needs of a new domestic arbitration statute for South Africa. The third approach, and that proposed by the Commission for consideration in this Discussion Paper, is to have a new statute combining the best features of the Model Law and the English Arbitration Act of 1996, while retaining certain provisions of the 1965 Act which have worked well in practice.
It is well known that the potential advantages claimed for arbitration compared to litigation, as a more expeditious and cost-effective method of resolving disputes, are often not achieved in practice, particularly in complex commercial disputes and in the construction industry. The Commission therefore proposes that a statutory duty should be imposed on the arbitral tribunal to adopt procedures which, while fair, in the particular circumstances of the dispute will avoid unnecessary delay and expense. Increased powers are proposed for the tribunal to enable it to comply with this duty. These powers include the power to rule on its own jurisdiction, the power to depart from the ordinary rules of evidence, a limited power to order interim measures and security for costs, the power to call witnesses, more effective powers to deal with a party in default and the power to limit recoverable costs. True to the principle of party autonomy the tribunal's statutory powers can be excluded or modified by the parties in their arbitration agreement.
The Commission proposes that the powers of the court should be reviewed and generally brought into line with the powers of the court under the Model Law, while retaining certain powers of the court in the 1965 Act not found in the Model Law, but in modified form. Particular attention has been given to the need to prevent applications to court being abused by unscrupulous parties intent on delaying the arbitration process. There are also certain provisions designed to facilitate the use of conciliation by the parties to an arbitration agreement. In the interests of consumer protection, certain restrictions are imposed on arbitration clauses in standard-form contracts entered into by consumers.
Ë the existing Arbitration Act 42 of 1965 should be repealed and replaced with a comprehensive new arbitration statute for domestic arbitration, based on the principles set out above.
A series of regional workshops was held countrywide during September 1999 to discuss the provisional proposals set out in the discussion paper. It is envisaged that a report will be finalised in the first quarter of 2000.
An issue paper dealing with all aspects of ADR was published for general information and comment during 1997. Information regarding the issue paper appears in the 1998 annual report.
A discussion paper on community dispute resolution structures was submitted to the Minister at a media conference on 8 September 1999. The closing date for comment was extended to 30 November 1999.
The investigation considers ways of getting community structures (whether indigenous, urban, township or religious) to play their proper role in ensuring that South Africans, particularly the poorest of the poor, receive access to justice. Community forums are at present diverse, fragmentary and tentative. Most initiatives are private or individual efforts and they tend to be unfocused.
Ë Because community-based dispute-resolution structures ("community forums") serve a useful purpose in meeting the needs of the majority of the South African population for accessible justice, these structures must now be recognised and supported by law.
Ë Reference to these structures as "community courts" is misleading and a new name should be found.
Ë Recognition of community structures should be based on an Act of Parliament setting out their status, role, functioning, jurisdiction, procedure and other related matters, such as the qualifications of personnel.
Ë Any such legislation should be drafted only after careful investigation and consultation and should take the form of creating a broad framework, to accommodate different models of local dispute resolution.
Ë Attendance at any community forum should be entirely voluntary and decisions of a community forum should be binding on the parties only if they have agreed beforehand to be bound by such decisions.
Ë Community forums should remain informal and flexible in their procedures, inexpensive in their operations as well as accessible, non-alienating and responsive to the needs of the communities in which they operate.
Ë There should be no appeal from community forums to the formal courts. If a matter remains unresolved, the dispute may be pursued in any other forum.
Ë An office of Ombudsman for Community Structures should be established to oversee the work of community forums and to enforce uniform standards.
Ë Where there is a functioning customary court in a rural area, a community forum should not be introduced.
Ë Persons operating in community forums should be empowered through training.
Ë The Commission requests comment on whether community forums should have criminal jurisdiction and if such jurisdiction is supported, on the restrictions, if any, that should be placed on such jurisdiction.
A national workshop on the discussion paper was held in Pretoria on 27 - 28 October 1999. It is envisaged that a draft report will be finalised in the first quarter of 2000.
With the introduction of the Act in 1956 the common law relating to contributory negligence and joint wrongdoers was amended and the "last opportunity"-rule of avoiding an accident as the test of liability repealed. The Act empowers the courts to determine the degree of fault of each party in an action for damages based on negligence and to apportion the damages accordingly. The Act also makes it possible to sue joint wrongdoers in the same action. The investigation entails the review of the Act in question with special reference to the meaning of "fault" which is defined in the Act and the joinder of parties.
A discussion paper was published in October 1996 for general information and comment. The finalisation of a report has been deferred in the light of the researcher's involvement in more urgent investigations.
Toward the end of the year under review judge P J J Olivier, former Vice-Chairperson of the Commission, kindly indicated that he would finalise a report. A draft report will be considered by the Commission in the first quarter of 2000.
The project committee resolved not to publish a discussion paper, but to proceed with the publication of an interim report. A summary of the recommendations contained in the interim report appears in the 1998 annual report.
The Maintenance Act 99 of 1998 came into operation on 26 November 1999. In 2000 the position under the new Act will be assessed with a view to determining whether further reform is necessary.
Matters relating to criminal procedure and sentencing are at present being dealt with as part of other investigations on the Commission's programme (see project 73 and project 82).
The previous Commission considered a request received from the Minister of Safety and Security addressed to the Minister of Justice and referred to the Commission. The Minister of Safety and Security proposed that a review and rationalisation of South Africa's security legislation should be undertaken by the Commission so as to ensure that the legislation is in accordance with international norms, the Constitution and the current requirements of the country.
In November 1998 a discussion paper on the Interception and Monitoring Prohibition Act 127 of 1992 was published for general information and comment. Information regarding the discussion paper appears in the 1998 annual report.
A report on the Interception and Monitoring Prohibition Act was submitted to the Minister on 23 November 1999. A summary of the recommendations contained in the report appears in Chapter 4.
The project committee will consider other areas of the law relating to security during 2000.
Ë The review of the crimes of terrorism and sabotage.
Ë The protection of classified information in the possession of the State.
Ë Regulation of private intelligence companies.
Ë Economic espionage as a threat to national security.
Ë Protection of the property and personnel of foreign governments and international organisations, including protection from intimidation, obstruction, coercion and acts of violence committed against foreign dignitaries, foreign officials and their family members.
Ë Hostage-taking in order to compel any government to do or abstain from doing any act.
A discussion paper on terrorism will be developed during the first half of 2000.
South Africa does not have a coherent juvenile justice system. Limited provisions providing specifically for the management of young people caught up in the criminal justice system are spread throughout a number of separate statutes such as the Criminal Procedure Act, 1977, the Probation Services Act, 1991, the Child Care Act, 1983, and the Correctional Services Act, 1959.
A discussion paper containing proposals relating to a new structure to govern children under the age of 18 years who are accused of having committed offences was published for general information and comment during November 1998. The closing date for comments on the discussion paper was 31 March 1999. Information regarding the discussion paper is contained in the 1998 annual report.
A draft report will be considered by the Commission early in 2000.
An issue paper was published in May 1997 for general information and comment. The closing date for comment was 30 September 1997. Information regarding the issue paper is contained in the 1998 annual report.
It became clear during the course of the investigation that any proposed changes to the law relating to sexual offences would have far-reaching effects on the position not only of children, but also of adults. Consequently, and as a result of various other requests, the Commission decided to expand the scope of the investigation to include sexual offences against adults.
A discussion paper on sexual offences: the substantive law, was submitted to the Minister at a media conference on 8 September 1999. An extensive consultation process on the discussion paper was launched. The closing date for comment was extended to 30 November 1999.
Ë The criminal law is the appropriate mechanism to address sexual exploitation, abuse and violence against women and children in particular.
Ë The Commission does not recommend the repeal of all the common law sexual offences. However, the adoption of one comprehensive new Sexual Offences Act is recommended.
Ë The Commission proposes the repeal of the common law offence of rape and its replacement with a new gender-neutral statutory offence. This new offence centres around "unlawful sexual penetration". The Commission says sexual penetration is unlawful per se when it occurs under coercive circumstances. Coercive circumstances include the application of force, threats, the abuse of power or authority, the use of drugs, etc. "Sexual penetration" is defined very broadly to include the penetration "to any extent whatsoever" by a penis, any object or part of the body of one person, or any part of the body of an animal into the vagina, anus, or mouth of another person. Simulated sexual intercourse is also included under the Commission's definition of "sexual penetration".
Ë Sexual penetration of any child below the age of 12 years should constitute rape.
Ë Absence of consent to sexual intercourse should no longer be an element of the offence of rape. (The accused should obviously still be able to raise consent to sexual intercourse as justification for his or her unlawful conduct, but should carry the burden of proof in this regard.
Ë A husband can be convicted of raping his wife.
Ë A statutory provision called "child molestation" is aimed at prohibiting sexual acts with children below 16 years of age. Consent by a child under 16 years of age to any sexual act should not be a defence to a charge under this provision.
Ë As most cases of intra-familial sexual abuse take place repeatedly and over long periods of time, child victims often have difficulty recalling precise details of the time and place when and where the alleged offences are said to have occurred. It is thus recommended that the "persistent sexual abuse of a child" should constitute a separate offence.
Ë The commercial sexual exploitation of children should be prohibited. Commercial sexual exploitation includes child prostitution, child pornography and trafficking in children.
Ë Although the Commission supports a total prohibition of child pornography, it nevertheless does not propose the inclusion of provisions on child pornography in the new Sexual Offences Act. The Commission does not recommend any legislative amendments pending the review of the Films and Publications Act.
Ë Specific provisions should deal with sexual offences against mentally impaired persons.
Ë The Commission recognises that a clear need exists for specific legislation criminalising stalking (or harassment) and recommends that a specific investigation be conducted in this regard.
Ë A statutory offence in respect of coercion to perform sexual acts covers the actions of a person who compels another person to engage in sexual acts with that person, a third person, an animal or the compelled person himself or herself.
Ë Comment is invited on the prohibition of female genital mutilation.
On completion of the consultation process, a report on the substantive law relating to sexual offences will be prepared. An effort will be made to finalise the report in the first half of 2000 so as to enable the Minister to introduce legislation in August 2000.
Draft discussion papers on process and procedure as well as adult commercial sex work and adult pornography will be finalised during the first quarter of 2000.
This investigation is aimed at addressing problems experienced in the field of criminal law and criminal procedure with respect to the investigation and prosecution of computer-related crime. These problems stem mainly from the intangible nature of information stored on or used by computers. Current statutory and common law offences are not wide enough to include many of the activities carried out in respect of computers. Furthermore, procedures for the gathering and presentation of evidence were not designed to function in a computerised society.
Ë The criminalisation of unauthorised access to computers as well as the unauthorised modification of computer data and software applications.
Ë The possibility of providing for the procedural aspects associated with the investigation and prosecution of the above-mentioned offences.
Ë The use of computers to commit offences such as theft and fraud.
Ë Offences committed by means of the Internet.
Ë Matters relating to encryption in order to protect information.
Ë The continuing education of the investigating and prosecuting authorities as well as the judiciary to understand and correctly apply the legislation which may be forthcoming from the this investigation.
Because of the wide scope of the investigation an incremental approach will be adopted. The first issue paper on options for reform in respect of unauthorised access to computers, unauthorised modification of computer data and software applications and related procedural aspects was published during August 1998. The closing date for comments was 26 October 1998. Information regarding the issue paper is contained in the 1998 annual report.
A draft discussion paper will be finalised for consideration by the Commission in January 2000.
The Department of Home Affairs approached the Commission in 1996 with a request to investigate and recommend legislation relating to a new marriage dispensation for South Africa. The Minister approved the inclusion of the investigation in the Commission's programme on 27 January 1997.
A discussion paper was submitted to the Minister at a media conference on 8 September 1999. The closing date for comment was 30 November 1999.
The investigation focuses mainly on whether the provisions contained in the Marriage Act are adequate or whether they should be amended and, in that event, the way in which such amendments should be effected.
Ë The question arises whether there is a need to accord recognition to foreign embassy or consular marriages in South Africa in view of the absence of such statutory recognition.
Ë Section 2(1) of the Act should provide that certain persons in the diplomatic and consular service of the Republic, namely Ambassadors, High Commissioners and Consuls should by virtue of their office and as long as they hold such office be ex officio marriage officers for the area in which they hold office.
Ë The Act permits the designation as a marriage officer of any minister of, or person holding a responsible position in, "any religious denomination or organization". It is restrictive in that marriage officers can be designated only for the purpose of conducting marriages according to "Christian, Jewish or Mohammedan rites or the rites of any Indian religion." One option suggested to the Commission is the amendment of the provision by the substitution of the words concerned with the phrase "according to the rites of the religious denomination or organisation concerned". Another option is to grant authority to the Minister of Home Affairs to appoint a person as a marriage officer who has been nominated by a religious denomination or organisation once the Minister is satisfied that the denomination or organisation concerned is a bona fide religious denomination or organisation. The problem with this option is that it suggests no other grounds for the Minister to refuse to appoint the person concerned (eg that he or she is unfit to be a marriage officer) except for a defect in the bona fides of the organisation. A third option is to empower the Minister to designate by proclamation recognised religious groups or religious organisations. The Marriage Act could then provide that ministers of religion or persons holding responsible positions in religious denominations or religious organisations recognised by the Minister by notice in the Gazette, may be designated by the Minister to be marriage officers. The Commission decided to leave the question to respondents and invites comment on these options. Comment is also invited as to whether criteria formulated to guide the Minister in the exercise of his or her powers should be included in the Act.
Ë The decision made by the Minister to designate someone as a marriage officer or to revoke the designation of the marriage officer should be reviewable by any provincial or local division of the High Court of South Africa.
Ë The Marriage Act provides for the solemnisation of marriages. It is clear that a marriage is not necessarily solemnised, but the alternative "celebrate" is not without its problems. The terms "conduct a marriage" or "join in marriage" are better substitutes and words to that effect should be used in place of the terms "solemnize" or "solemnization" where appropriate in the Act.
Ë A proposal was made that the joining of parties in marriage should be privatised, ie that persons other than those presently appointed should also be able to conduct marriages. In view of the limited requests calling for such a step, the Commission is not convinced that the appointment of marriage officers should be extended to include persons other than the present categories of marriage officers.
Ë The minimum age for marriage (set out in section 26) should be 18 years of age for males and females.
Ë Section 28 should make provision for the provincial or local division of the High Court to have jurisdiction to consent to a marriage between a man or a woman and the direct descendant of his or her deceased spouse if both parties have reached the age of 18 years and they are not related to each other by blood. This provision should correspond to the provision setting out the minimum age for marriage for males and females to be 18 years of age.
Ë Section 29(2) presently sets out the following places for the conducting of marriage ceremonies: churches, other buildings used for religious services, public places and private dwelling-houses with open doors. There are two options to be considered. In terms of the first option the range of places where marriages may be conducted would be less limited than is presently the case although they should still be limited to some extent. This would require the deletion of the statutory requirement that parties be joined in marriage in a private dwelling with open doors and the addition of the words "or in any other building or facility used for conducting marriages". The second option is that there should not be any limitations at all with regard to places where marriages may be conducted. Comment on these two options is requested: should the range of places where marriages may be conducted be limited or should there be no limitations Should some limitations still be considered desirable, the Act should also provide for the validity of marriages conducted at places other than the appointed ones?
Ë* The Act should further provide for a marriage conducted under or recognised in terms of the provisions of the Act to be recorded in the prescribed register, for the transmitting of the marriage register and records concerned to a regional or district representative of the department in whose district or region the marriage was conducted, and for causing the particulars of the marriage concerned to be included in the population register in accordance with the provisions of the Identification Act of 1997.
Ë The marriage formula set out in section 30(1) should be amended by the deletion of the words "and thereupon the parties shall give each other the right hand". The proviso dealing with the validity of marriages where the requirement that the parties shall give each other the right hand has not strictly been complied with, should also be deleted.
Ë Section 37 makes provision for South African courts having jurisdiction to try persons who contravene the provisions of the Marriage Act in any country outside the Republic of South Africa. There may be a number of offences parties may commit outside the geographical borders of South Africa in contravention of the provisions of the Marriage Act. One example is where a person who is already a party to a marriage contracts a second marriage in another country without obtaining a prior divorce and thereby committing the offence of bigamy. It should be possible under these circumstances to try the offender in South Africa. There is therefore no need to amend section 37 besides the substitution of the term "Republic" for the term "Union".
A report on the review of the Marriage Act will be finalised during the first half of 2000.
In scope, the investigation goes beyond the review of the present Child Care Act, 1983, and includes a comprehensive review and redraft of all child care legislation.
An issue paper was published in May 1998 for general information and comment. The closing date for comment was 31 July 1998. Information regarding the issue paper appears in the 1998 annual report.
To enable the project committee to prepare a discussion paper with draft legislation, the members of the project committee and contract researchers are preparing consultation papers on selected issues as background documents to stimulate debate within specific focus groups.
The consultative research process will be followed by the preparation of a discussion paper and draft legislation. It is envisaged that a discussion paper will be published in August 2000. Mr G G Smit, a former Law Commissioner, was contracted to draft the legislation. He assumed duty on 1 October 1999.
In November 1996 the Minister requested the Commission to consider a proposal by Judge H C J Flemming regarding the adoption of legislation authorising video conferences in court.
In brief, video conferences enable the "live" participation in court proceedings of a person in his or her physical absence. In Judge Flemming's view legislation is urgently required in the interests of access to the law and improvement of the operation of the courts since video conferences have the potential to reduce costs, for example, in cases involving witnesses having to travel from distant places or even residing in foreign countries. In certain instances inspections in loco could also be eliminated.
In view of several investigations with a higher priority, it was not possible to commence with research during the year under review. The investigation will commence early in 2000.
Ë South African media are wholly prohibited from disclosing any facet of divorce proceedings.
The researcher initially allocated to the project has been transferred to the Department of Transport. As a result of the new researcher's heavy involvement throughout June and July in the workshops on traditional courts and their aftermath, she was unable to start work on the project. She has also been appointed to do research on succession and administration of estates in customary law.
Another researcher had to be allocated to the project and he has commenced with research. It is envisaged that a draft discussion paper on the publication of divorce proceedings will be finalised in April 2000.
Ë The term "dangerous weapon" is fundamentally tautologous. The difficulty is that dangerous weapons may include objects designed to be weapons (e.g. firearms, spears, etc) or objects not designed to be weapons but which may be used as such and are easily capable of causing bodily injury (e.g. scissors, chains, etc and even objects such as stones, matches, etc). In short, in terms of the Dangerous Weapons Act, an object qualifies as a weapon not so much by its physical nature but according to the intent with which it is employed.
Ë Section 2(1) of the Dangerous Weapons Act penalises the possession of two distinct types of objects: a dangerous weapon as defined; and an object resembling a firearm (which object need not necessarily be a dangerous weapon). It appears that there are two distinct forms of the offence which would have to be separately alleged and proved.
Ë Section 2(2) of the Dangerous Weapons Act empowers the Minister of Law and order to effect certain prohibitions by way of notice in the Gazette. It does not appear necessary to show that the prohibited object was one likely to cause serious bodily injury if used to commit an assault (as is required in terms of section 2(1) of the Act), and the defence that the possessor had no intention of using such object for an unlawful purpose is not available.
Ë Section 4 prescribes certain penalties when dangerous weapons or firearms are used in the commission of offences involving violence. Although it was held that the definition of a dangerous weapon was the same for section 2(1) and 4(1) (hence something was either a dangerous weapon for all purposes of the Act or not a dangerous weapon for any of them), this appears to have been overlooked in many decisions concerning the application of section 4(1) of the Act.
Ë The Arms and Ammunition Act 75 of 1969. (Any person who has in his or her possession any arm, unless licenced to possess such arm, commits an offence. "Arm" is defined as any firearm other than a cannon or machine gun.
Ë The Control of Access to Public Premises and Vehicles Act 53 of 1985. (The definition of "dangerous object" in this Act includes any firearm, weapon, etc.
Ë The Regulation of Gatherings Act 205 of 1993. (In addition to the conditions that may apply to the holding of a gathering, this Act provides that participants at a gathering or demonstration shall abide by any law in respect of the carrying of dangerous weapons.
Mr R W Palmer, a senior lecturer at the University of Natal, has been appointed as a consultant to assist with the research. A planning meeting was held with Mr Palmer on 27 August 1999. Research is being done with a view to finalising a draft issue paper early in 2000.
Ë Voluntary associations such as the South African Agricultural Union and the Natal Agricultural Union fall within the ambit of sections 30(1) and 31 of the Companies Act, 1973. The South African Agricultural Union is therefore an illegal organisation in terms of the Companies Act with no locus standi or legal personality.
Ë A voluntary association ceases to exist when its membership exceeds twenty or where it adopts objectives which fall within the ambit of the prohibitions contained in section 30(1) of the Companies Act. Any property it owns at such time will become bona vacantia and will vest in the State. Any contracts which may have been purportedly concluded on its behalf would be unenforceable both by and against it.
Ë Whatever solution is found to the difficulty, provision must be made for carrying assets, liabilities, rights and obligations over into whatever regularised result is decided upon. This cannot be by transfer because that is not an appropriate means to create a new vesting. For example, rights and obligations under the Income tax Act 58 of 1962 cannot be transferred. This is a weighty consideration - it was pointed out that an attorney's client affected by the Mitchell's Plain decision had in aggregate an assessed loss of R74 million. An attempt to "transfer" that right would be unsuccessful and disastrous.
Research has been kept in abeyance because of the researcher's involvement in projects 107 and 108.
Media reports have suggested that consideration be given to the adoption of legislation relating to the recognition in South Africa of same sex partnerships. The matter has been rendered particularly acute by a judgment reported in the media (Langemaat v Minister of Safety and Security 1998 (3) SA 312 (T)) in which Roux J held ultra vires certain provisions of Polmed (the medical aid scheme of the South African Police Service), evidently on grounds related to perceived discrimination on the basis of sexual orientation in its provisions. In the circumstances the working committee at its own initiative examined the need for an investigation.
Research has commenced and it is envisaged that an issue paper will be published in the first half of 2000.
Ms N Bawa, a member of the Cape Bar, has been appointed as a consultant to assist with the research. A planning meeting was held with Ms Bawa on 7 September 1999. A draft issue paper will be submitted to the project leader early in 2000.
The Commission publishes a quarterly Bulletin, the aim of which is to inform people about the work of the Commission. The Bulletin contains information on the activities of the Commission, an update on current projects and items on new and completed investigations.
A brochure introducing the Commission is made available to the public at workshops and on other occasions.
The good relations that the Commission maintains with law reform bodies in other countries makes the exchange of working papers, reports and other information possible. In this way valuable information is exchanged that facilitates and expedites comparative law research. It is significant how various legal systems are often faced with similar problems. The exchange of documents enables the Commission to evaluate ways of thinking elsewhere in the world.
Two law reform officers of the Malawian Law Commission were attached to the South African Law Commission from 12 to 30 April 1999. The law reform officers were thoroughly exposed to the work of the Law Commission. They consulted with researchers in a number of projects which are of interest to the Malawian Law Commission. They were also briefed on the organisation of the library and received training on the law reform process, research methodology, the writing of research documents and networking. The visitors also received computer training in Windows 95 and WordPerfect 8 Basic which was facilitated by the Subdirectorate: Training in the National Head Office.
From 19 to 20 October 1999 two researchers of the Law Reform Commission of Lesotho visited the South African Law Commission. They were briefed on working methods and research methodology and they had an opportunity to consult with researchers.
On 8 September 1999 the Commission hosted a media conference in Cape Town. The conference was attended by the Minister and Deputy Minister for Justice and Constitutional Development as well as the Minister of Health.
Researcher had interviews with reporters from the Cape Argus, Daily Dispatch, Star and Mirror.
Researcher participated in "Justice for All" pre-recorded radio talk show.
<fn>GOV-ZA.1999CourtsefficcyEn.2012-02-10.en.txt</fn>
Tel (012) 315 1111, Fax (012) 315 1113, www.justice.gov.
On 9 September 1999, Dr P M Maduna, gave an overview of his findings - obtained through visits to various courts - relating to the efficiency of the courts, to Parliament. The Minister has indicated that he wishes to address the Justice Portfolio Committee on the matters he raised and about how he intends to deal with them. This document has as purpose to indicate the progress that has been made with regard to the various matters raised by the Minister and to act as a discussion document for further debate.
· It should be noted that the changes that are being effected are in line with the strategic framework Justice Vision 2000, and the guidelines which the new Ministry has provided to the Department of Justice in order to effect within a framework of transparency, sound governance and community acceptance and credibility, a proper civil and criminal justice system. Part and parcel hereof is a greater focus on the core business of the Department (i.e. the courts) in terms of resources, management, communication and support. This entails that the Department of Justice has to be re-engineered so that its budget allocation can be utilized in a focussed manner in relation to its core functions. It also means the re-alignment of the Department's organogram and improving financial management and control. These aspects are all receiving the attention of the Ministry and Top Management of the Department.
Minister: Soon after taking office we began visiting the courts because we believe that courts are the core business of my Department. I am deeply disturbed by what we have found, particularly in the magistrates' courts, more particularly in the townships and rural areas in which most black people reside. And yet this is the level at which the bulk of our population encounters and comes face to face with the judicial system.
During a recent meeting with the relevant role-players in that area, including the magistrates, consensus was reached that the only practical solution in respect of the accommodation dilemma at Tembisa would be the construction of a new building. The project has been programmed as first priority on the Department's major works priority list. The Department of Public Works (PWD) has been requested to obtain a suitable site and as soon as a site has been obtained, planning of the service will commence. This will obviously be a medium to longer term solution (4 years). To speed up progress in this regard, PWD will be requested to obtain the State Tender Board's approval that the rapid procurement delivery procedure be implemented in respect of the building service.
In the interim, the Department is urgently giving attention to the possible movement of some funds from allocations for buildings to assist with urgent renovations in this regard. To deal with this, the Department is engaged in developing a project plan with quick fix solutions as an interim relief measure for Tembisa. In addition, Business against Crime (BAC), in conjunction with the Department, is negotiating with private sector firms to do assist with some of the required interim renovations in order to make the branch court of Tembisa more presentable and effective.
Minister: The court building (Tembisa) cannot accommodate the provision of maintenance services, so indigent women have to travel a considerable distance each month to join the maintenance queues at the Kempton Park magistrates' court.
It has been agreed between the various role-players that as soon as accommodation is available, maintenance services and payments will be handled at the Tembisa court.
This building was taken over from the Department of Home Affairs during 1997 and all deficiencies have been reported to PWD for rectification. A private consultant was appointed for the planning of certain conversions and refurbishment, including security measures, fencing and lighting. The estimated cost for the service is R4 915 800, but PWD indicated (during the 1998/1999 financial year) that funds for the service were not available and consequently they put the project on hold.
With the Minister's urgent intervention, Vodacom has committed themselves to donate ± R10 million and also agreed to immediately appoint a building contractor to do the work that has already been planned. In addition, Vodacom agreed to convert an unused part of the building into a maintenance section, maintenance court, civil court and offices for other quasi-judicial services. The Department has already briefed Vodacom's architects and obtained State Expenditure's approval for acceptance of the donation. The project is at present being implemented.
In view of the urgency of the needs for a branch court in Nyanga, the Department's Western Cape Regional Office, in collaboration with the Corporate Planning Team, developed a project plan for the establishment of a branch court on a site earmarked for the development of a CBD to service Nyanga, Crossroads, Philippi and Guguletu. The project has been funded by the Royal Danish Embassy. The civil division of the court relating to maintenance matters has already commenced operations on Monday 20 September 1999. All other divisions will be fully operational by November 1999.
Access to Justice - in respect of both civil and criminal matters.
Community participation and involvement.
The establishment of the court has been enthusiastically received by the surrounding township residents.
New Building with 14 court rooms - 10% completed.
New Building with 5 court rooms - 10% completed.
New building with 5 court rooms - Tenders are being invited in order to appoint a building contractor.
New building with 4 court rooms - 90% completed.
Additional accommodation, upgrading and security measures - 80% completed.
Additional accommodation, upgrading and security measures.
The Department has embarked on a process whereby all courts in the country will be upgraded in order to deal with certain minimum standards. To deal with this a Model Court Blueprint was drafted. This entails revisiting standards to ensure that they increase access to justice, are user-friendly as well as to incorporate aspects relating to family matters (Family Courts), sexual offences (specialist courts) and child-friendly aspects into the courts.
Mitchells Plain, Western Cape.
The Danish Government has committed R20m for this project. The business plan for Mitchells Plain has already been completed, whilst the needs assessment for Orlando has been formalised. It is anticipated that implementation of the upgrading process for these two courts will commence in November 1999.
The National Community Safety Centre Programme involves the four core departments within the criminal justice system, viz. South African Police Service, Department of Justice, Department of Correctional Services and the Department of Welfare, as well as the Department of Health. This project aims to co-ordinate the services of these departments (in relation to communities where these services either do not exist, or do exist, but are not easily accessible, especially in rural areas) in an integrated manner. The projects are funded from the Programme's own budget.
Funds are not available on the Department's budget for the construction of the new Constitutional Court Building. A letter to request President T M Mbeki's assistance in this regard has been submitted to the Minister.
The planning of extensive alterations to the existing building as well as to the additional accommodation adjacent to it, including two new court rooms, judges chambers and an enlarged library, was completed a year ago, after which the project, with a provisional cost estimate of R34 million, was put out on tender. However, the adjudication of tenders was cancelled and the project was put on hold, after the Chief Justice, the Honourable I Mahomed, raised concerns about the future plans about the place of the Supreme Court of Appeal in the judicial structure of the country. (Aspects such as the ambit of its jurisdiction, its future relationship to the Constitutional Court, its geographical situation, the issue as to whether or not it should continue to hear appeal on facts in addition to appeals on questions of law and consequently whether the complement of judges in that court should be reduced or not, need to be revisited). These aspects require policy decisions.
PWD has been requested to identify suitable sites for the new buildings. Lists of accommodation needs have, however, not yet been approved. Funding is not available in the current MTEF.
1.10 In relation to accommodation, it is clear that progress has been made, but it will remain a high focus area in particular because maintenance of the buildings remain a problem in view of PWD's budgetary constraints. What is heartening to note, however, is that some of our new court building plans have even won architectural awards.
Minister: In Johannesburg there are different problems. The magistrates' court is a large building with many court rooms, but they stand empty most of the time because there are not enough magistrates to keep them operating. There are 8 regional magistrate posts vacant out of a complement of 32. This means that a quarter of the regional courts cannot operate and the backlog of cases awaiting trial have reached crisis proportions. The civil section of the Johannesburg court is also experiencing serious difficulties as it battles to cope with the ever-increasing case load generated by the commercial power-house of the Witwatersrand. A few months ago there were many hundreds of applications for default judgment waiting to be heard, causing unacceptable delays of months for creditors.
It is a fact that an acute shortage of staff is being experienced in the Johannesburg Regional court. This is exacerbated by the situation that although posts are advertised, officials are not interested in working in Johannesburg - as a result of the high living cost there as well as safety aspects. This is being experienced despite an offer of an additional financial incentives.
In general, a process by which vacancies of magistrates and Regional court magistrates are filled has been reviewed to expedite the filling of vacancies. The Minister has been approached by the Magistrates Commission to ascertain if he is prepared to approve the procedure recommended to his predecessor. An item on the procedure to fill vacancies for district and regional Courts magistrates was on the agenda of the Magistrates Commission meeting of 20 September 1999, and will be considered shortly by the Ministry.
To assist on the short term with this problem, it has been decided to appoint 5 private practitioners in conjunction with the Bar to deal with the vacancies of Regional court presiding officers. This is receiving the urgent attention of the Department.
With regard to the backlog in the civil section: Johannesburg, it should be noted that as an interim measure the Department has appointed 30 temporary units to the Magistrate Office to work down backlogs, 10 of which were allocated to the civil section. The work is now up to date according to the senior civil magistrate, Mr Mandelstam, but to keep it so some of the period appointments (of the civil section) will remain in place. In order to control the workload in the civil section of Johannesburg a pilot project to computerize the civil justice system has also been launched. This forms part of an over-arching court process project, dealing with automation and improvement of processes to deal with blockages.
As a solution to problems that might arise relating to computerisation, the Rules board has established an Information Technology Committee to, inter alia, make recommendations regarding the amendment of rules to accommodate the computerised system. A prerequisite for the functional operation of the project, is the making of experimental rules. In order to do this, the Rules Board for Courts of Law Act, 1985 (Act of 1985) must be amended to empower the Board to make experimental rules for the Magistrates courts. An amendment of the Act will be submitted to Parliament towards the end of this year or the beginning of next year.
With regard to the simplification of court proceedings, it may be mentioned that an investigation has already been conducted in order to introduce a simplified core set of rules. The former Minister has suggested that the Rules Board should undertake a comprehensive review of the civil justice system. As a result, the Rules Board has established the Civil Justice Reform Committee to investigate the review of the civil justice system. This committee has already met and areas of responsibilities were allocated to the various members.
Shortages of court interpreters in the office of the Magistrate Mdantsane in the Eastern Cape are being addressed, posts of principal interpreter have been advertised and tests on language proficiency have already been conducted in respect of other vacancies. Appointments will be made soon.
Mrs WM Lambley, Senior legal Administration Officer at the National Office, Pretoria has been requested to assist the Office of the National Director of Public Prosecutions in the finalisation of all misconduct matters regarding prosecutors. The various Directors of Public Prosecution have been contacted and requested to forward nominations of competent prosecutors to assist in these matters.
With regard to this Province, 8 matters are in question. Three of these are ready for hearings, whilst the rest are still being investigated. To deal with these issues Mrs Lambley from the National Office visited the Regional Office in Durban on 17 August 1999. All outstanding misconduct matters have been discussed and are receiving attention. Mrs Lambley also discussed the steps to be taken in matters of inefficiency. Mrs Lambley with the assistance of the Office of the NDPP will keep track of these matters, keep record of all relevant steps taken and see to it that the correct procedures are followed.
With regard to this Province, 5 matters are in question. Two of these are ready for hearings, whilst the rest are still being investigated. Mrs Lambley visited the Regional Office on 19 August 1999. All outstanding misconduct matters have been discussed and are receiving attention.
With regard to this Province, 19 matters are in question. Five of these are ready for hearings, whilst the rest are still being investigated. The Eastern Cape seems to be a problematic area. There are various outstanding misconduct matters, some of which are older than three years. Mrs Lambley visited this office on 25 August 1999, and met with prosecutors from Port Elizabeth. All the matters in which prosecutors are involved have been perused and are now receiving urgent attention . Two temporary units, appointed to act as presiding and investigating officers have been moved to the Regional Office to work under supervision there. Six prosecutors, three at Mdantsane and three at Zwelitsha, are in the process of being suspended and will be suspended within the next two days. Mrs Lambley is to visit the Regional Office, East London and especially the Magistrates offices Mdantsane and Zwelitsha from 4 October 1999 to 8 October 1999, in order to draft misconduct charge sheets and assist with the arrangements of a disciplinary inquiry with regard to these six prosecutors.
With regard to Gauteng, 7 matters are in question. Two of these are ready for hearings, whilst the rest are still being investigated. The Regional Office, Gauteng was visited on 26 August 1999 to establish the progress and to determine the way forward. A Prosecutor at Johannesburg, was appointed in three misconduct matters involving prosecutors. Further discussions need to be held with the DPP's involved. The Northern Province has 2 matters that are currently being investigated. Mpumalanga has no current matters that need to be dealt with in particular.
The Northern Cape has one outstanding matter which is receiving attention. The Regional Office, North West has also been visited. There are 5 matters to be dealt with. One is ready for hearing. All outstanding matters involving prosecutors have been reviewed. All matters will be finalized before the end of November 1999. The Western Cape has 5 matters to be dealt with. One is ready for hearing and the rest are being investigated.
The immediate goal is to finalize all disciplinary matters involving prosecutors within the next month. All reasonable steps to ensure this will be taken.
The aim is to draw up a flow chart of steps to be taken in disciplinary matters; incapacity, inefficiency, etc for training for Senior Prosecutors; to provide hands on training; and to establish a network of nominated people at the various DPP's offices to deal with labour related matters.
The aim is to negotiate the transfer of all labour related matters involving prosecutors to the office of the NDPP; and to ensure a healthy working environment for all prosecutors.
Number of complaints received: 38 2. Number of complaints referred to Cluster Heads for an informal investigation: 7 3. Number of preliminary investigations to ascertain whether there are prima facie evidence of misconduct: 5 4. Number of pending misconduct investigations in respect of magistrates who have been charged with misconduct: 6 5. Number of misconduct investigations that have been completed and in respect of which recommendations regarding sentence have been made to the Minister: 9 1.
The Magistrates Commission has established a committee headed by the Chief Magistrate of Bloemfontein to attend to disciplinary measures against misbehaving magistrates. Generally, misconduct enquiries against magistrates are conducted and finalized within a reasonable time.
Minister: In the Eastern Cape the problem is supernumeraries.
There were initially 380 supernumeraries in the Eastern Cape - this comprised of administrative, financial, and even legal personnel (including Chief Magistrates) . Officials concerned were interviewed to establish if they are willing to be transferred to other Provinces, eg 23 officials have just been transferred to Gauteng Province and 5 to Western Cape. As a result most of the supernumeraries were transferred to vacancies in the various regions, leaving only 165 to be dealt with.
Regional offices with personnel needs are approaching Eastern Cape to have their vacancies filled. They are also liaising with the Personnel division at the National Office to effect such transfers.
Minister: In the Western Cape we discovered, to our surprise, that while magistrates' courts like Mitchell's Plain and Wynberg are staggering under huge criminal case loads, the High Court had disposed of only 85 criminal cases last year and yet they have 10 courts at their disposal. The High Court in Port Elizabeth managed only 51 prosecutions for 1998. The situation is no better in Grahamstown, Bloemfontein and Kimberley. The period of finalisation of matters from the first appearance in the lower court until finalisation in the high courts is also of great concern. The national average is 520 days. When I questioned these statistics it was explained to me that there is limited time for the prosecution of cases in the High Courts because they are in recess for about three and a half months of the year.
An audit conducted by the NDPP reflects under-utilization of Court hours, delays in the finalization cases and under-utilization of resources in certain centers. The Office of the NDPP has made a presentation on the utilization of court hours for both lower and high court. In the past the Department did not have useful enough statistics to monitor work performances in courts. To rectify this the Department together with the Office of the NDPP and the cluster heads, are working on a new format for statistical returns on the performance of courts. The new format will be ready by the end of October 1999.
It is quite clear that the recess periods in the high courts are effecting the productivity of the courts (and is contributing to wastage of expensive prosecuting resources) and will need to be revisited, especially as studies show that most other countries do not have such recess periods. The matter is being investigated by the Policy Unit and all role-players will be consulted before a policy decision is made in this regard.
Minister: Information at hand indicates that the Constitutional Court, disposes of less than twenty cases a year but has a bigger budget than the Supreme Court of Appeal. Accepting that an immediate reallocation of financial resources is not possible, I naturally put my mind to finding a way in which to address the crisis which the Chief Justice faces namely how the 2 courts can share the limited resources that are currently available I merely stated my observation that there are huge discrepancies in the way in which resources have been allocated to courts and that this calls for rationalisation. I firmly believe that if we rationalise the utilisation of the resources at our disposal we will not need to ask more resources.
These questions also deal with a reconsideration of the utilization of resources, a matter which is receiving the attention of Prof Loots and the Policy Unit, and which will require policy decisions.
Minister: Recent audits conducted by the office of the National Director of Public Prosecutions have disclosed serious problems caused by the irrational allocation and utilization of resources. The audits have also disclosed that a high percentage of criminal court hours are lost because court rolls collapse. Each day a certain number of cases is enrolled for each court with the expectation that they will be heard, but many do not proceed for various reasons and the court ends up not being used the time it should have been used. There are various reasons why rolls collapse - investigations not having been completed, witnesses not being available, consultations with witnesses not having taken place, prisoners not being brought to court, prosecutors and defence lawyers not being ready to proceed, court orderlies and interpreters not being available.
The User Board under the NCPS has approved an Integrated Justice System (IJS) Court Process Project, aimed at improving the criminal and civil processes in the lower courts.
The State Information Technology Agency (SITA) has been requested to provide the User Board with proposals for compiling user requirement specifications in terms of the processes and methods for the effective management of cases through the prosecution (criminal) and adjudication (criminal and civil) processes. The ensuing user requirement specifications will enable the Department to procure an interim system that would be piloted at two sites, viz the Magistrates offices of Johannesburg and Durban. Dependent on the outcome of the pilot studies (proof of concept) the system could then be developed, put out in tender and eventually rolled out nationally.
Intensive Joint Application design (JAD) work sessions and on the spot investigations in co-operation with relevant stakeholders of the above-mentioned two centers, as well as other relevant role players in the Pretoria and Randburg Magistrates offices, will be held shortly to determine the user requirements. The overall project is run under the guidance and leadership of the Department of Justice and is managed by the IJS project office. Project reporting will be done on a planned basis and feedback will be given to the IJS Board and NCPS Ministers' Committee on a regular basis.
Minister: A great deal of work is being done on developing appropriate court management systems, particularly in the lower courts.
The vision of separation of functions and a single independent judiciary resulted in the approval and implementation of a new Court Management System in phases.
The system will culminate into a division of the magistrate's districts of the country into clusters for the purpose of effective administration of justice, placing all prosecutors under the National Director of Prosecutions; and providing of a court administrator/office manager for each Court house. The system will be fully operational when we have a complete separation of functions and lines of command, i.
Prosecutors perform only prosecution duties and are accountable only to the National Director of Public Prosecutions.
Progress: The cluster structure for judiciary has already been established by grouping magistrate's offices into 14 clusters (usually headed by Chief Magistrates except in two offices where cluster heads are Senior Magistrates). The cluster structure for the administration is in the process of being implemented and it will be in line with the Cluster Structure for the judiciary. The cluster structure for the prosecution is still receiving attention. The putting in place of office managers is receiving attention by Personnel in conjunction with the finalisation of the rationalisation process in which supernumeraries are moved between Provinces to places where they can be utilized. These newly created posts of office manager will entail intensive training as these persons will have to act as financial, administrative and personnel managers. The NDPP's Office has already advertised the posts of Chief Public Prosecutors. Once they are in place, their cluster system can be functional.
The Cluster Structure provides for the successful implementation of an efficient, affordable and effective court management system within regions, sub-regions and districts in order to manage Court houses.
Two manuals i.e the judicial and administration manuals have been put into operation. The National Departmental Inspectors are at present conducting training on the implementation of these manuals country-wide.
Donor funding to an amount of R3,4m was secured from the Finnish Government to finance the implementation of the Lower Court management system at all three levels - judicial, administration and prosecuting.
A National Steering Committee on Court Management was established by the previous Minister to oversee the implementation process; to monitor the approved budget and to report progress to the Minister, Magistrates Commission, other role players and the donor funders. All three pillars of justice are represented in the Committee, i.e the judiciary, the administration and the prosecuting authority.
Practical problems experienced with the implementation of the new court management system were discussed at several meetings of Regional Heads and Magistrates.
Team building exercises have been conducted in all Provinces.
Provincial "management" structures have been established in all Provinces. These structures comprise all role players in the functioning of the courts to deal with matters affecting the courts and the administration of justice in the Provinces.
Transformation Committees have also been established in the Provinces to ensure that the Vision of the Department on transformation reaches every level in the administration of justice.
Training Committees have been established in the Regions to ensure capacity building on the part of functionaries of the Department.
There is good co-operation between the Magistrates Commission and the Department. The Commission submits reports to inform the Department on what transpired at its meetings.
Departmental inspectors are reviewing the various Justice Codes to ensure that implementation of manuals does not omit any provision thereof.
In relation to the classification of judicial functions vis-à-vis administrative functions, inputs have been received from magistrates and a discussion document is being compiled to be tabled at the next meeting of the National Steering Committee on Court Management.
In his budget speech of 13 June 1996, the previous Minister gave an overview of the court structure envisaged for South Africa.
District courts to be managed in groups or clusters comprising a number of magisterial districts.
The investigation received impetus in 1998 with the commissioning of a discussion paper with the aid of German (GTZ) funding. The discussion paper was cleared for publication on 9 April 1999 by the Working Committee of the Commission. The closing date for comment was initially 30 June, which was subsequently extended to 31 August 1999. The discussion paper was launched at the Council of Traditional Leaders in Pretoria on 18 May 1999 and subsequently 15 workshops were held in all the provincial Houses of Traditional Leaders, again with financial assistance from the GTZ. The Commission's proposals as contained in the discussion paper received overwhelming support in all the Houses, with consensus emerging around many broad issues of principle such as the need for a new Traditional Courts Art and the strengthening of these courts by training and by installation of proper facilities. Matters of disagreement and amendment related to issues of detail such as criminal jurisdiction and the use of paralegals.
To date, the Law Commission has heard from women's groups convened by the Commission on Gender Equality, and from academics who were convened in a national seminar by the Indigenous Law Institute of the University of South Africa to debate the constitutional issues involved. A final report (embodying draft legislation) is being prepared for submission to the Minister of Justice by November 1999.
This investigation, to look into the operation of the so-called "community courts", grew out of a request to the Arbitration Project Committee of the Commission to expand its research on commercial arbitration to cover all forms of alternative dispute resolution (ADR). In an effort to speed up the investigation, the Commission took the step of holding information-gathering workshops around the country (11 in all) in order to develop an understanding of the situation in rural and urban communities across South Africa. Using the data obtained from these consultations, the Commission produced a discussion paper in which proposals are set out for the recognition and regulation by law of community dispute-resolution structures. The proposals stress the need to empower these forums with facilities and training, without destroying the inherent flexibility and legitimacy which keeps them close to their communities. The closing date for comments on the discussion paper is 31 October, after which a report with draft legislation will be prepared for the Minister's consideration.
With regard to the judiciary, a White Paper on the Judiciary was compiled and distributed for comment. After thorough consultation, policy decisions on the way forward will have to be made.
Minister: A strategy which I believe would help to address the problem of collapsing court rolls would be to require that cases be certified as trial ready by senior judicial officers before being enrolled for hearing. A simple requirement such as this could empower judicial officers to take control of case flow management. It could also lead to judicial officers becoming pro-actively involved in the management of each case, a trend which is developing fast in Anglo-American legal systems. We will be consulting with judicial officers about the possibility of introducing such a requirement, which will complement the move to ensure that judicial officers spend their time doing judicial work instead of general court management.
The above-mentioned envisaged Court Process Project will assist in establishing an effective court and case flow management system.
However, in the interim and as a pilot, the Cape Town Magistrate Office is developing a possible case flow management system whereby the magistrate will retake control of his/her court. (Civil and criminal). The aim is to have the system operate in the cluster and to dispose of cases in an effective manner so as to reduce the case load.
This case flow management pilot project does not need additional funds. It will, however, require full consultation with all role-players as well as their co-operation. If successful it will enhance the legal process and ensure that each accused person will have a fair and speedy trial as guaranteed in the Constitution. The Department will monitor the implementation of this initiative.
The SA Law Commission has on its programme the investigation into the simplification of criminal procedure. The objective of the investigation is to review the criminal procedure and to make recommendations on the simplification of the process which will lead to a more efficient system. During July 1999 the Minister appointed Mr Justice Harms to chair the project committee dealing with this issues and the project committee met on 3 September 1999 to consider the scope of the investigation.
When considering the efficiency of the criminal justice process the committee was in agreement that the accusatorial nature of our process is a major contributor to the ineffective process and the ability of the criminal justice system to live up to expectations. The committee was further in agreement that without taking over the inquisitorial approach followed in the continental countries, urgent consideration should be given to strengthening the role of the judicial officer by introducing inquisitorial elements in our system which fit in with our concept.
The committee therefore included in its programme of work an investigation which will aim to address this problem.
This investigation will be completed within the framework of the activities of the Law Commission and it is envisaged that no additional resources will be required. It is envisaged that the investigation will be completed within the course of 2000.
<fn>GOV-ZA.1999DvHealEn.2012-02-10.en.txt</fn>
Domestic violence is a social evil.
It impacts negatively on the daily lives of the victims. Families plagued by Domestic Violence are dysfunctional and individual members are prevented from realising their full potential.
Everyone deserves the opportunity to grow as a human being and be treated with dignity and respect. Government places strong emphasis on the eradication of violence!
The Domestic Violence Act was recently approved by Parliament and will impact positively on families who are affected.
The Domestic Violence Act is progressive and constitutes a significant broadening of the current position. The Act recognises domestic violence as a social evil and the fact that its victims are mostly women and children.
It applies to any victim who is in a "domestic relationship", and not only to "parties to a marriage".
It places a duty on a member of the SAPS to inform a victim of his or her rights at the scene of an incident of domestic violence.
The Act provides that a peace officer may, without warrant, arrest any person at the scene of an incident of domestic violence whom he or she reasonably suspects of having committed an offence containing an element of violence.
An application for a protection order may be brought on behalf of the complainant by any other person, including a member of the SAPS, who has a material interest in the well-being of the complainant.
The Act makes provision for the granting of a protection order, which will be confirmed if the respondent (the alleged perpetrator) does not appear in court on the return date.
Many victims do not make use of a protection order due to, amongst other things, financial concerns. The Act clearly indicates the terms, which may be contained in a protection order, such as an obligation on the respondent to make rent or mortgage payments and to pay emergency monetary relief. Children are often used to regain control over the complainant, therefore contact with any child by the respondent may be refused, or structured contact may be ordered.
In terms of the Act, fire-arms and other dangerous weapons may be seized in domestic violence situations.
In terms of the Act a court, in granting a protection order, also issues a suspended warrant for the arrest of the respondent. It remains in force unless the protection order is set aside. If the respondent breaches the protection order, he/she will be arrested by the police. The Act also provides that the respondent be criminally charged for breaching the protection order and also with any other offence resulting from a complaint lodged by the applicant against the respondent.
The Act allows for the complainant or respondent to apply for the amendment or setting aside of the protection order.
The Act provides that proceedings are held in camera.
The Act makes it clear that any party to proceedings may be assisted by a legal representative.
In terms of this Act perpetrators of domestic violence may be sentenced to five year's imprisonment, thereby emphasising the view that domestic violence is a serious crime.
The Act now provides for a simple, quick and cost effective procedure in order to obtain protection from domestic violence.
Important: This Act will take effect on a date to be determined by the President through proclamation in the Government Gazette.
The production of this publication was made possible through the generous assistance of the Swedish Government.
<fn>GOV-ZA.1999En.2012-02-10.en.txt</fn>
Served legal articles in Durban (1976).
If you are satisfied with the estimate and calculation of the tax payable in column A, i.e. the SARS estimate, you need not complete column B however the IRP6 return must be submitted.
Where you are not satisfied with the estimate and calculation of tax payable you must complete column B.
Gebruik asseblief hierdie betalingsadvies wanneer u, u voorlopige belastingbetaling maak. Waar 'n elektroniese betaling gemaak word, is dit noodsaaklik om die 'Betalingsverwysingsnommer' soos angedui op die betalingsadvies in te sluit. Dit sal foutiewe, of geen allokasie van u betaling verminder. Vir meer inligting, verwys na die 'SARS Payment Rules' op die SARS webtuiste by www.sars.gov.za.
Rente in terme van artikel 89bis sal gehef word teen die voorgeskrewe tarief op enige betaling wat na die vervaldatum van van die betrokke periode gemaak word en op enige uitstaande bedrag van belasting.
<fn>GOV-ZA.1999Prj86MediaEn.2012-02-10.en.txt</fn>
The South African Law Commission has completed a report on all aspects of the law regarding euthanasia and the artificial preservation of life. The report has been submitted to the Minister of Justice.
The report contains various recommendations regarding end-of-life decisions and the treatment of terminally ill patients. In certain instances legislation has been proposed to give effect to these principles in view of current uncertainty in the minds of the general public and medical personnel about the legal position in this regard.
According to the present position in our law it is unlawful to terminate a person's life in order to end his or her unbearable suffering even if it is clear that death is inevitable and that the person is about to die. The intentional termination of such a person's life remains punishable even if the suffering person expresses the wish to die or even begs to be killed. Withholding or withdrawing of life-sustaining medical treatment from a patient who is terminally ill may however be permissible under specific circumstances and subject to certain conditions.
The advances made in medical science and especially the application of medical technology have resulted in patients living longer. For some patients this signifies a welcome prolongation of meaningful life, but for others the result is a poor quality of life which inevitably raises the question whether treatment is a benefit or a burden. Furthermore, increased importance is being attached to patient autonomy worldwide. The need has therefore arisen to consider the protection of a mentally competent patient's right to refuse medical treatment or to receive assistance, should he or she so require, in ending his or her unbearable suffering by the administering or supplying of a lethal substance to the patient. The position of the incompetent patient, as well as the patient who is clinically dead, has to be clarified as well.
Since matters concerning the treatment of terminally ill people are at present being dealt with on a fairly ad hoc basis, there is some degree of uncertainty in the minds of the general public and medical personnel about the legal position in this regard. Doctors and families want to act in the best interest of the patient, but are unsure about the scope and content of their obligation to provide care. Furthermore, doctors are afraid of being exposed to civil claims, criminal prosecution and professional censure should they withhold life support systems or prescribe drugs which may inadvertently or otherwise shorten the patient's life, even if they are merely complying with the wishes of the patient.
A competent person may refuse any life-sustaining medical treatment with regard to any specific illness from which he or she may be suffering, even though such refusal may cause the death or hasten the death of such a person.
A medical practitioner may, under specified circumstances, give effect to an advance directive or enduring power of attorney of a patient regarding the refusal or cessation of medical treatment or the administering of palliative care, provided that these instructions were issued by the patient while mentally competent.
As regards active voluntary euthanasia, the Commission does not make a specific recommendation. The Commission is aware of the array of competing interests and the diversity of social, moral and ethical values involved in the issue of active voluntary euthanasia. It has thus not formulated final recommendations in this regard, but submits the following options for further public debate and discussion.
Under this option it is recommended that there should be no change to the current legal position in South Africa prohibiting active voluntary euthanasia and physician-assisted suicide. The arguments in favour of legalising euthanasia are not sufficient reason to weaken society's prohibition of intentional killing since it is considered to be the cornerstone of the law and of all social relationships. Whilst acknowledging that there may be individual cases in which euthanasia may seem to be appropriate, these cannot establish the foundation of a general pro-euthanasia policy. It would furthermore be impossible to establish sufficient safeguards to prevent abuse.
Under this option the practice of active euthanasia could be regulated through legislation in terms of which a medical practitioner may give effect to the request of a terminally ill, but mentally competent patient to make an end to the patient's unbearable suffering by administering or providing a lethal agent to the patient. The medical practitioner will have to adhere to strict safeguards in order to prevent abuse.
Under this option the practice of active euthanasia could be regulated through legislation in terms of which a multi-disciplinary panel or committee is instituted to consider requests for euthanasia according to set criteria.
The South African Law Commission was established by the South African Law Commission Act 19 of 1973. It is an advisory body whose aim is the renewal and improvement of the law of South Africa on a continuous basis.
<fn>GOV-ZA.1999TestifyEn.2012-02-10.en.txt</fn>
The court must return a fair verdict and witnesses are therefore essential.
By testifying you enable the court to act reasonably and fairly.
What do you do on the fixed trial date and time?
You have to appear in court in person.
It is advisable to arrive at court half an hour before the proceedings commence.
Inform the public prosecutor immediately of your presence.
Request the public prosecutor to read through your statement.
If anything important is not contained in your statement, you should inform the prosecutor.
It often happens that witnesses have to wait before they are called to testify.
o you are not allowed to attend the court case in which you will be testifying o you have to wait outside o be present until you are excused by the prosecutor or the magistrate.
You should not discuss the case concerned with other witnesses.
You have to take an oath or solemnly affirm that your testimony will be truthful before you testify.
You will be questioned by the public prosecutor.
You may only address the court.
The correct form of address in a lower court is: "Your Worship" and "My Lord" in higher courts.
You may only testify on aspects within your knowledge and will be guided by the prosecutor.
Evidence related to you by someone else is inadmissible.
You may also be questioned by the accused or his legal representative. You must listen carefully and address your answers to the court. Stay calm and do not argue with the court, the lawyer or the prosecutor.
It is also possible that the court may want to question you.
Speak clearly and audibly throughout.
If the accused pleads guilty the court may pronounce judgment without hearing any evidence. The public prosecutor will inform you if you don't hove to testify.
You needn't be scared of testifying.
You can be protected against intimidation.
If you fear intimidation or are at any time threatened, you must report it to the public prosecutor or the investigating police officer.
In court the presiding officer will ensure that you are not intimidated or questioned unreasonably.
If your testimony takes a long time and you become tired or indisposed, you have to inform the court.
If you are a minor you may be assisted in court by a parent or guardian or another adult.
You are entitled to payment of a prescribed fee in certain instances. This is not compensation for your testimony.
It is intended to limit the witness's expenses due to court attendance and, in certain instances, loss of income.
If you believe that you qualify for such a payment, the public prosecutor must certify that you attended court, whereafter you have to report to the clerk of the court concerned to receive payment.
If you don't know where to go or have any queries, you may approach the witness friend.
If the witness friend is not present, you may approach the clerk of the court.
Thank you for your willingness to assist the court in the execution of its functions. Without your co-operation justice will not prevail.
<fn>GOV-ZA.1999V4n2JulEn.2012-02-10.en.txt</fn>
Vol. 4 No.
The Commission would like to thank Dr Omar and Dr Tshabalala-Msimang for their keen involvement in and support of the activities of the Commission. A number of important investigations received attention during their term of office and their efforts to promote the Commission's reports and proposals for draft legislation in Parliament are highly appreciated.
The Commission's best wishes accompany Dr Omar in his new portfolio as Minister of Transport. Dr Tshabalala-Msimang is congratulated on her appointment as Minister of Health.
The Commission welcomes Dr Maduna and Ms Gillwald and assures them of its support. The Commission acknowledges the fact that it has a vital role to play in the development and transformation of our legal system. To this end the Commission endeavours to provide a quality service in a spirit of cooperation.
The Report comes after the publication of Discussion Paper 75 last year in which the Commission proposed certain amendments to sections 170 and 172 of the Constitution Act 108 of 1996, section 110 of the Magistrates' Courts Act 32 of 1944, and the Magistrates' Courts Rules.
The two main aims of the amendments were to confer constitutional jurisdiction on magistrate's courts and to ensure symmetry between their constitutional jurisdiction and their ultra vires jurisdiction. A number of responses to the Commission's proposals were received. Generally speaking most respondents supported the aims of the amendments.
that confirmation by a Full Bench of a High Court be required before any order of constitutional invalidity made by a magistrate has any force.
In the Commission's view the jurisdictional and procedural scheme established by the Constitution points to magistrates' courts being precluded from ruling on the constitutionality of Acts of Parliament and conduct of the President. The Commission also considers it appropriate that magistrates be precluded from ruling on the constitutional validity of legislation passed after 27 April 1997 by the provincial legislatures, which are representative legislatures with significant constitutional status and a range of exclusive legislative powers. For these reasons, the Commission remains convinced that magistrates should be precluded from ruling on the validity of Acts of Parliament, legislation passed by the provincial legislatures after 27 April 1994 and any conduct of the President.
The Commission accepts the argument that in view of the inapplicability of stare decisis in the lower courts the compulsory referral to a Full Bench of a High Court of all rulings of constitutional invalidity by magistrates will result in unnecessary inconvenience, costs and delays. It accordingly proposes that the suggested compulsory referral mechanism be replaced with a requirement that magistrates' courts making orders of constitutional invalidity forthwith notify the relevant organs of state of such order. The organs of state would then be in a position to seek a declarator from the High Court in appropriate cases - e.g. where there is no appeal and where the organs of state have a sufficient interest in the matter and the other requirement for declaratory relief are met. It is considered desirable that the High Courts develop a set of rules and requirements for the granting of declaratory relief in such circumstances.
To give effect to the proposals set out above, the Report contains draft amendments to section 170 of the Constitution; section 110 of the Magistrates' Courts Act 32 of 1944; and the Magistrates' Courts Rules.
The sharing of retirement fund benefits between spouses on divorce must be governed by substantive legislation separate from the Divorce Act,1979.
Provision should be made for the division of retirement benefits as such and not merely for the exchange of compensatory assets in place of such benefits.
The exchange of compensatory assets in place of a share of retirement fund benefits should nevertheless remain as an option available to the spouses.
Spouses may exclude pension sharing in terms of their antenuptial contract.
A spouse may waive any right to retirement fund benefits.
Spouses may agree in writing to share retirement fund benefits in different proportions than those prescribed.
Subject to the principles contained in the proposed legislation, a retirement fund may make use of approximate calculations where exact data is not obtainable.
The costs that are recoverable from spouses in respect of the division of benefits may be prescribed by regulation.
The non-member spouse has a right to a share of the retirement fund benefits which accumulated in respect of the member during the marriage. The extent of the right is prescribed in the formulae set out in the proposed legislation in respect of the various types of retirement schemes.
Any share of retirement fund benefits to which a non-member spouse is entitled is made available on a locked-in basis - in other words, by way of deferred pension and not as a cash benefit.
Benefits to which a non-member spouse is entitled must be paid to him or her direct from the retirement fund by which the benefits are held on behalf of the non-member spouse.
If the non-member spouse dies before the date on which the benefits become payable to the member, the withdrawal value of the benefits on the date of the death of the non-member spouse is payable to his or her estate.
The sharing of retirement fund benefits is at this stage limited to spouses whose marriages are recognized as such in terms of existing law.
The proposed legislation should make it clear that retirement fund benefits are not divided as part of the matrimonial property of spouses.
The proposed legislation should be applicable in respect of marriages dissolved after the commencement of the new provisions.
The new provisions should not apply in respect of spouses who have in terms of their antenuptial contract chosen complete separation of their property, but such spouses should be allowed to make the said provisions applicable to them by way of written contract.
On 13 May 1999 the Law Commission unveiled Discussion Paper 82 on Traditional Courts and the Judicial Powers of Traditional Leaders at a briefing in the National Council of Traditional Leaders in Pretoria. The purpose of the briefing was to explain the Commission's proposals to the Council, and to seek the Council's assistance in mobilising the provincial Houses of Traditional Leaders to arrange meetings in their areas to enable the Commission to discuss the proposals with traditional leaders.
The consultative workshops took place between 9 June and 13 July 1999 at 15 venues across all the provinces with Houses of Traditional Leaders. To answer a concern expressed in the past, that the Commission consults only in urban areas, an effort was made to hold the meetings wherever traditional leaders could be assembled.
Summaries of the Commission's proposals were prepared in all official languages and the consultations were conducted by the Chairperson of the project committee on the Harmonisation of Indigenous Law and Common Law, Professor Thandabantu Nhlapo, and Ms Sindiswa Dube, the researcher on the project. Both pronounced themselves well satisfied with the progress of the consultations, especially the massive attendances at all the venues and the meticulous preparations by the respective Houses and their administrative departments. The Commission also extends its gratitude to the Regional Offices of the Department of Justice in the provinces in question, who ensured the attendance of Justice personnel, especially magistrates, at each meeting.
Further meetings with other role-players are planned, some of which will be coordinated by the Commission on Gender Equality.
The Commission is housed in the Sanlam Centre (12th Floor), c/o Andries and Schoeman Streets, Pretoria.
Most of the Commission's documents are also available on the Internet.
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The Discussion Paper contains proposals for a new domestic arbitration statute intended to replace the Arbitration Act 42 of 1965.
The Commission's investigation has revealed that there are three basic options for a new domestic arbitration statute. The first is to improve the existing statute while retaining its basic provisions. In view of the dramatic improvements to arbitration legislation in other jurisdictions during recent years, notably England, this option does not appear to be practical. The second is to follow the approach adopted by several other countries and to adopt the United Nations Commission on International Trade Law (UNCITRAL) Model Law for both domestic and international arbitration. Because of the need, in the context of international arbitration, to keep changes to the content and language of the Model Law to a minimum, this approach also appears to be inappropriate for the needs of a new domestic arbitration statute for South Africa. The third approach, and that proposed by the Commission for consideration in this Discussion Paper, is to have a new statute combining the best features of the Model Law and the English Arbitration Act of 1996, while retaining certain provisions of the 1965 Act which have worked well in practice.
The Commission proposes that the powers of the court should be reviewed and generally brought into line with the powers of the court under the Model Law, while retaining certain powers of the court in the 1965 Act not found in the Model Law, but in modified form. Particular attention has been given to the need to prevent applications to court being abused by unscrupulous parties intent on delaying the arbitration process. The Draft Bill annexed to the Discussion Paper also contains certain provisions designed to facilitate the use of conciliation by the parties to an arbitration agreement. In the interests of consumer protection, certain restrictions are imposed on arbitration clauses in standard-form contracts entered into by consumers.
the existing Arbitration Act 42 of 1965 should be repealed and replaced with a comprehensive new arbitration statute for domestic arbitration, based on the principles set out above.
The Commission in its efforts to consult all interested parties is organising four regional workshops at which members of the Project Committee will be present to explain and discuss the Draft Bill and to note comments. The workshops are scheduled to be held as follows: 20 September 1999 (Pretoria), 21 September 1999 (Durban), 22 September 1999 (Cape Town) and 23 September 1999 (East London). Persons interested in attending should contact Ms A Louw (012) 322 6440.
The closing date for comment on Discussion Paper 83 is 29 October 1999.
Recently there has been mounting public concern and pressure on the authorities to take appropriate action with regard to the deliberate transmission of HIV infection. This has come about largely in response to a number of widely publicised incidents of deliberate transmission of HIV, together with the very real concern that for the most part women and young girls are exposed to HIV infection in this manner.
In general, our law at present provides for HIV testing only with the informed consent of the person concerned; every person is entitled to privacy regarding medical information; and no general legislation exists which allows for disclosures. Furthermore, neither currently available public health law nor criminal procedure makes provision for compulsory HIV testing of persons arrested for having committed sexual offences with a view to disclosing their HIV status to victims. The Discussion Paper consequently debates the need for legislative intervention concentrating on the following critical issues: the high national prevalence of HIV coupled with the high occurrence of rape and other sexual offences; the utility and limitations of HIV testing; women's international and constitutional rights, including victims' rights; and the arrested person's constitutional rights, especially the right to privacy.
Compulsory testing of an arrested person should in principle be victim-initiated. This will ensure that only a person with a material interest in the arrested person's HIV status may apply for a compulsory testing order.
In order to protect the victim from a further potentially traumatising confrontation, the arrested person should not be allowed to take part or give evidence in an application by the victim for compulsory testing, except to be able to challenge whether information on oath has in fact been placed before the magistrate in compliance with the provisions.
A specified standard of proof should be required on which to base an order for compulsory HIV testing. The Commission is of the opinion that this should consist of the prosecution showing prima facie that the arrested person committed the sexual offence in question, and that the act was of a type that could indeed transmit HIV.
Compulsory HIV testing of an arrested person should take place only on authorisation by a court. Furthermore, this should be a discretionary power resting with the presiding officer hearing the application.
In order to guard against abuse of the procedure certain procedural and substantive safeguards must be provided for. These should include scrutiny by a magistrate of an application for the compulsory testing of the arrested person; a deposition on oath, whether oral or by affidavit; and prima facie evidence of a sexual offence in which exposure to the body fluids of the arrested person may have occurred.
A deliberately false complaint would amount to perjury and a malicious activation of the procedure would be actionable.
The procedure should ensure confidentiality of the test results so that the information is provided only to the victim and the arrested person.
The use of information relating to the HIV status of an arrested person obtained under the proposed amendment should be clearly limited: test results obtained through compulsory testing should not be admissible as evidence in a criminal trial.
The procedure need not necessarily be HIV specific.
On the basis of the above, the Commission provisionally recommends the adoption of a specific amendment to section 37 of the Criminal Procedure Act 55 of 1977. A draft Bill is attached to the Discussion Paper for public comment.
The closing date for comment on Discussion Paper 84 is 15 October 1999.
The Discussion Paper is the first of a three-part series as the Commission also plans to release further discussion papers on the process and procedural law relating to the management of sexual offences and on adult commercial sex work and adult pornography later this year.
The criminal law is the appropriate mechanism to address sexual exploitation, abuse and violence against women and children in particular.
The Commission does not recommend the repeal of all the common law sexual offences. However, the adoption of one comprehensive new Sexual Offences Act is recommended.
The Commission proposes the repeal of the common law offence of rape and its replacement with a new gender-neutral statutory offence. This new offence centres around "unlawful sexual penetration". The Commission says sexual penetration is unlawful per se when it occurs under coercive circumstances. Coercive circumstances include the application of force, threats, the abuse of power or authority, the use of drugs, etc. "Sexual penetration" is defined very broadly to include the penetration "to any extent whatsoever" by a penis, any object or part of the body of one person, or any part of the body of an animal into the vagina, anus, or mouth of another person. Simulated sexual intercourse is also included under the Commission's definition of "sexual penetration".
Sexual penetration of any child below the age of 12 years should constitute rape.
Absence of consent to sexual intercourse should no longer be an element of the offence of rape. (The accused should obviously still be able to raise consent to sexual intercourse as justification for his or her unlawful conduct, but should carry the burden of proof in this regard.
A husband can be convicted of raping his wife.
A statutory provision called "child molestation" is aimed at prohibiting sexual acts with children below 16 years of age. Consent by a child under 16 years of age to any sexual act should not be a defence to a charge under this provision.
As most cases of intra-familial sexual abuse take place repeatedly and over long periods of time, child victims often have difficulty recalling precise details of the time and place when and where the alleged offences are said to have occurred. It is thus recommended that the "persistent sexual abuse of a child" should constitute a separate offence.
The commercial sexual exploitation of children should be prohibited. Commercial sexual exploitation includes child prostitution, child pornography and trafficking in children.
Although the Commission supports a total prohibition of child pornography, it nevertheless does not propose the inclusion of provisions on child pornography in the new Sexual Offences Act. The Commission does not recommend any legislative amendments pending the review of the Films and Publications Act.
Specific provisions should deal with sexual offences against mentally impaired persons.
The Commission recognises that a clear need exists for specific legislation criminalising stalking (or harassment) and recommends that a specific investigation be conducted in this regard.
A statutory offence in respect of coercion to perform sexual acts covers the actions of a person who compels another person to engage in sexual acts with that person, a third person, an animal or the compelled person himself or herself.
Comment is invited on the prohibition of female genital mutilation.
The closing date for comment on Discussion Paper 85 is 29 October 1999.
During 1996 the Commission published a Draft Insolvency Bill and Explanatory Memorandum as Discussion Paper 66. The Draft Bill in Volume 2 of Discussion Paper 86 indicates the changes to the previous Bill which take account of comments on the Bill, further research and subsequent developments. Discussion Paper 86 has been prepared to elicit responses from key parties on these changes.
Many of the changes are technical.
Only a person who is a member of a professional body recognised by the Minister of Justice may be appointed as liquidator.
The discretion of the Master of the High Court to appoint a liquidator of his or her choice has been removed in cases where creditors nominate or vote for a liquidator.
Liquidators may preside at meetings unless questioning is to take place at the meeting or an interested party requests that the Master or a magistrate should preside.
Resolutions can be adopted at the first meeting which is now convened by the initial liquidator as soon as possible after his or her appointment and not by the Master.
A creditor under a financial lease agreement is treated as a secured creditor and must prove a claim.
Many of the preferent claims (for instance for taxes) are abolished.
In respect of dispositions before liquidation that may be set aside, wider provisions apply to associates of the insolvent than to other persons and it is presumed for all dispositions, until the contrary has been proved, that a debtor's liabilities exceeded his or her assets at any time within three years before the liquidation of the estate.
A cap of R200 000 has been placed on the exclusion of pension benefits from the insolvent estate and certain extraordinary contributions to pension funds may be recovered for the benefit of creditors.
Provision is made for a binding composition between a debtor and a majority of creditors without an application to declare a debtor's estate insolvent.
Copies of the Discussion Paper will be made available to participants in a conference on a unified Insolvency Act (dealing not only with individuals, but also with companies, close corporations, etc). The conference will be held on 6 October 1999 and enquiries regarding registration can be directed to Hester Bezuidenhout at (012) 323 0400.
The closing date for comment on Discussion Paper 86 is 29 October 1999.
The investigation considers ways of getting community structures (whether indigenous, urban, township or religious) to play their proper role in ensuring that South Africans, particularly the poorest of the poor, receive access to justice.
Community forums are at present diverse, fragmentary and tentative. Most initiatives are private or individual efforts and they tend to be unfocused.
The Discussion Paper opts for a format in which a comprehensive set of recommendations is set out, supplemented with requests for comment on those issues which remain unresolved or appear to be responsive to several solutions.
Because community-based dispute-resolution structures ("community forums") serve a useful purpose in meeting the needs of the majority of the South African population for accessible justice, these structures must now be recognised and supported by law.
Reference to these structures as "community courts" is misleading and a new name should be found.
Recognition of community structures should be based on an Act of Parliament setting out their status, role, functioning, jurisdiction, procedure and other related matters, such as the qualifications of personnel.
Any such legislation should be drafted only after careful investigation and consultation and should take the form of creating a broad framework, to accommodate different models of local dispute resolution.
Attendance at any community forum should be entirely voluntary and decisions of a community forum should be binding on the parties only if they have agreed beforehand to be bound by such decisions.
Community forums should remain informal and flexible in their procedures, inexpensive in their operations as well as accessible, non-alienating and responsive to the needs of the communities in which they operate.
There should be no appeal from community forums to the formal courts. If a matter remains unresolved, the dispute may be pursued in any other forum.
An office of Ombudsman for Community Structures should be established to oversee the work of community forums and to enforce uniform standards.
Where there is a functioning customary court in a rural area, a community forum should not be introduced.
Persons operating in community forums should be empowered through training.
The Commission requests comment on whether community forums should have criminal jurisdiction and if such jurisdiction is supported, on the restrictions that should be placed on such jurisdiction.
The closing date for comment on Discussion Paper 87 is 31 October 1999.
The question arises whether there is a need to accord recognition to foreign embassy or consular marriages in South Africa in view of the absence of such statutory recognition.
Section 2(1) of the Act should provide that certain persons in the diplomatic and consular service of the Republic, namely Ambassadors, High Commissioners and Consuls should by virtue of their office and as long as they hold such office be ex officio marriage officers for the area in which they hold office.
The Act permits the designation as a marriage officer of any minister of, or person holding a responsible position in, "any religious denomination or organization". It is restrictive in that marriage officers can be designated only for the purpose of conducting marriages according to "Christian, Jewish or Mohammedan rites or the rites of any Indian religion." One option suggested to the Commission is the amendment of the provision by the substitution of the words concerned with the phrase "according to the rites of the religious denomination or organisation concerned". Another option is to grant authority to the Minister of Home Affairs to appoint a person as a marriage officer who has been nominated by a religious denomination or organisation once the Minister is satisfied that the denomination or organisation concerned is a bona fide religious denomination or organisation. The problem with this option is that it suggests no other grounds for the Minister to refuse to appoint the person concerned (eg that he or she is unfit to be a marriage officer) except for a defect in the bona fides of the organisation. A third option is to empower the Minister to designate by proclamation recognised religious groups or religious organisations. The Marriage Act could then provide that ministers of religion or persons holding responsible positions in religious denominations or religious organisations recognised by the Minister by notice in the Gazette, may be designated by the Minister to be marriage officers. The Commission decided to leave the question to respondents and invites comment on these options. Comment is also invited as to whether criteria formulated to guide the Minister in the exercise of his or her powers should be included in the Act.
The decision made by the Minister to designate someone as a marriage officer or to revoke the designation of the marriage officer should be reviewable by any provincial or local division of the High Court of South Africa.
The Marriage Act provides for the solemnisation of marriages. It is clear that a marriage is not necessarily solemnised, but the alternative "celebrate" is not without its problems. The terms "conduct a marriage" or "join in marriage" are better substitutes and words to that effect should be used in place of the terms "solemnize" or "solemnization" where appropriate in the Act.
A proposal was made that the joining of parties in marriage should be privatised, ie persons other than those presently appointed should also be able to conduct marriages. In view of the limited requests calling for such a step, the Commission is not convinced that the appointment of marriage officers should be extended to include persons other than the present categories of marriage officers.
The minimum age for marriage (set out in section 26) should be 18 years of age for males and females.
Section 28 should make provision for the provincial or local division of the High Court to have jurisdiction to consent to a marriage between a man or a woman and the direct descendant of his or her deceased spouse if both parties have reached the age of 18 years and they are not related to each other by blood. This provision should correspond to the provision setting out the minimum age for marriage for males and females to be 18 years of age.* Section 29(2) presently sets out the following places for the conducting of marriage ceremonies: churches, other buildings used for religious services, public places and private dwelling-houses with open doors. There are two options to be considered. In terms of the first option the range of places where marriages may be conducted would be less limited than is presently the case although they should still be limited to some extent. This would require the deletion of the statutory requirement that parties be joined in marriage in a private dwelling with open doors and the addition of the words "or in any other building or facility used for conducting marriages". The second option is that there should not be any limitations at all with regard to places where marriages may be conducted. Comment on these two options is requested: should the range of places where marriages may be conducted be limited or should there be no limitations Should some limitations still be considered desirable, the Act should also provide for the validity of marriages conducted at places other than the appointed ones?
The Act should further provide for a marriage conducted under or recognised in terms of the provisions of the Act to be recorded in the prescribed register, for the transmitting of the marriage register and records concerned to a regional or district representative of the department in whose district or region the marriage was conducted, and for causing the particulars of the marriage concerned to be included in the population register in accordance with the provisions of the Identification Act of 1997.
The marriage formula set out in section 30(1) should be amended by the deletion of the words "and thereupon the parties shall give each other the right hand". The proviso dealing with the validity of marriages where the requirement that the parties shall give each other the right hand has not strictly been complied with, should also be deleted.
Section 37 makes provision for South African courts having jurisdiction to try persons who contravene the provisions of the Marriage Act in any country outside the Republic of South Africa. There may be a number of offences parties may commit outside the geographical borders of South Africa in contravention of the provisions of the Marriage Act. One example is where a person who is already a party to a marriage contracts a second marriage in another country without obtaining a prior divorce and thereby committing the offence of bigamy. It should be possible under these circumstances to try the offender in South Africa. There is therefore no need to amend section 37 besides the substitution of the term "Republic" for the term "Union".
The closing date for comment on Discussion Paper 88 is 30 November 1999.
The Discussion Papers are available on request and are free of charge (contact Mr J Kabini).
The Discussion Papers are also available on the Internet at www.law.wits.ac.za/salc/salc.html.
[A limited number of hard copies of Discussion Paper 86 (Review of the Law of Insolvency) will be made available to persons without access to the Internet.
Application of customary law should remain a matter of judicial discretion, but more exact guides to choice of law are necessary to bring certainty to an issue that is currently vague and confused. These guides should be precise, flexible, simple and in keeping with the way in which courts have been used to solving choice of law problems.
The new choice of law rules should indicate that parties are free to agree on the law that best suits their needs. If no express agreement was made, courts should attempt to discern which law the parties would reasonably have expected to apply in the circumstances of the case. In order to assist courts in this inquiry, a list of factors that typically indicate the parties' expectations should be provided. No one factor on its own should be regarded as decisive in indicating the applicable law; rather, all the factors should be considered in combination in order to discover the legal system with which the case has its closest connection.
The procedure contained in the Black Administration Act for exempting individuals from customary law is so closely identified with colonialism and apartheid that it must now be repealed.
The repugnancy proviso no longer has useful role to play and it should therefore be repealed.
Race should be irrelevant both as a criterion for applying customary law and for determining the jurisdiction of traditional courts.
Section 23(1) of the Black Administration Act should be amended to provide that only the testator's personal interests in property may be disposed of by will and elements of gender discrimination should be removed from the regulations governing succession to land held under quitrent tenure.
Existing choice of law rules contained in regulations issued under the Black Administration Act and in the Act itself should be deleted or amended, since they are poorly worded, conflict with proposed reforms in the customary law of marriage or no longer serve any useful purpose.
Section 1(3) of the Law of Evidence Amendment Act should be repealed and a new provision should be drafted to give clearer rules on choice of law. Recognition should be given to the litigants' freedom to agree on the applicable law and, in the absence of an agreement, courts should apply the law with which the case has its closest connection.
Following section 33 of the Constitution, at the core of the draft Bill is the concept of "administrative action", which is widely defined. The key exclusions are the listed executive functions (which are not, properly viewed, administrative functions), and the legislative actions of Parliament, provincial legislatures and municipal councils. Administrative action by natural or juristic persons contemplated in section 8(2) of the Constitution and exercising a public power or performing a public function (e.g. non-statutory bodies controlling national sports codes) is specifically included. Collectively these bodies and organs of state are termed "administrators".
Other important features of Chapter 1 are the wide definition of "standing" (in the definition of "qualified litigant"), and provision for a review jurisdiction which includes designated magistrates' courts.
Chapter 2 of the Bill imposes a duty on all administrators to give effect to the rights in section 33(1) and (2) of the Constitution (clause 2 of the draft Bill, following section 33(3)(b) of the Constitution) and provides for the review of administrative action by the courts and independent and impartial tribunals (section 33(3)(a) of the Constitution).
In accordance with the requirement in section 33(3) of the Constitution that national legislation "be enacted to give effect to" the rights in section 33(1) and (2) of the Constitution, the draft Bill requires administrative action to be procedurally fair. This is achieved by core requirements applying to all administrative action. Additional requirements may apply in appropriate circumstances. There is provision for a departure from the mandatory provisions if circumstances justify it, and then only to the extent necessary.
Another important part of the Bill relates to the provision of reasons for administrative action. This places a general obligation on an administrator (pursuant to the constitutional obligation in section 33(3) read with section 33(2) of the Constitution) to give reasons in writing when requested. This must be done within 90 days after the person was informed of the administrative action and the reasons for it, or becomes aware of it, or might reasonably have been expected to have become aware of it. (Provision is made for the amelioration of this time period, and also for the enforcement of the obligation to furnish reasons.) Flexibility is also introduced in the Bill to ensure again that administration is not stultified by unrealistic requirements, while at the same time giving effect in a practical way to the constitutional entitlement.
Chapter 4 focuses on the grounds of review, and the procedure for obtaining it. The Bill specifies the grounds of review established at common law, adapted in the light of recent formulations in South Africa and in other countries with a similar review jurisdiction. Two features are important: the distinction between review and appeal is retained, and the list is not a closed one. In this way, the opportunity exists for the courts to continue to develop and to define the South African law of review, in the spirit of section 8(3) of the Constitution.
The Bill specifies remedies available in proceedings for judicial review. These encompass both mandatory and prohibitory interdicts, declaratory orders, orders to give reasons, and review orders in the classic sense, setting aside the administrative action in question and either remitting it or, in exceptional cases, substituting or varying the administrative action and directing the payment of compensation.
Provision is also made for the extension of time periods specified in the statute. The solution proposed is to require the institution of proceedings in all cases without unreasonable delay, but with an outer limit of 180 days of the day on which the person was informed of the administrative action, or otherwise became aware of it, or might reasonably have been expected to have become aware of the action (the language of most prescription statutes, which have survived judicial scrutiny in the past). That outer limit, in turn, must be amenable to judicial dispensation in special cases where the interests of justice so require.
Chapter 5 deals with rules and standards. The Bill requires administrators in general and flexible terms to take appropriate steps to communicate rules to those likely to be affected by them, and to impose upon administrators flexible obligations relating to the manner in which this is to be achieved. In relation to rules and standards, administrators are required to compile registers and indices to ensure accessibility. There is also provision for the proposed Administrative Review Council to devise ways of making these measures more accessible, of pruning them, and of improving their content.
Chapter 6 focuses on the contemplated Administrative Review Council.
The last chapter of the Bill deals with general matters. It allows the President, in providing for the proposed Administrative Justice Act to come into operation, to set different dates for the commencement of certain clauses.
If the Minister of Justice and Constitutional Development approves publication of the Reports, they will be made available on the Internet at http://www.law.wits.ac.za/salc/salc.html and obtainable from the Government Printer when printed.
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Of the R1,9 billion additional conditional grant allocation over the MTEF, R82.8 million is set aside for the National School Nutrition Programme, R157.9 million for the Hospital Revitalisation Grant, while the HIV and AIDS Grant grows by R374.8 million. The Tertiary Services Grant increases by R181,5 million, whilst the Housing and Human Settlement Development Grant increases by R234,3 million.
URL: http://www.info.gov.za/speeches/2008/08031013451001.
Fifthly, the tourism tiered support system in the form of the Tourism Business Management Programme, Tourism Mentorship Programme, Fast Track Programme and the Tourism Help Desk Programme has been implemented for its fourth successful year. 4.
The MEC of Finance and Tourism in the Western Cape, Lynne Brown, would like to welcome the announcement by Labour Minister Membathisi Mdladlana. On Workers Day, 1 May 2007 he announced that the hospitality industry would soon have a minimum wage ' including double pay for Sunday work. MEC Brown says: I welcome this move, very aptly announced on workers day, as part of our continued journey towards equality for all South Africans.
URL: http://www.info.gov.za/speeches/2007/07050716451002.
The city's claimed "outstanding and undisputed" amount of R724 000 in respect of 27 Wale Street consists of R613 734 for rates (property taxes) and services (other than electricity) and R110 277 for electricity. The city's invoice for electricity in respect of 27 Wale Street, is currently still being delivered to Samstocks Portfolio Properties care of RMB Properties (Pty) Ltd, although the property was transferred to the Western Cape Provincial Government two years ago.
URL: http://www.info.gov.za/speeches/2006/06061214151002.
URL: http://www.info.gov.za/speeches/2006/06033012451008.
URL: http://www.info.gov.za/speeches/2006/06022308151003.
URL: http://www.info.gov.za/speeches/2006/06021613151001.
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With the exception of Judge P J J Olivier who served as Vice-Chairperson of the previous Commission, all the members have been re-appointed. Judge Olivier has been requested by the Minister of Justice to head a Task Team to advise and to make recommendations on the issue of court management, case management and judicial training.
Judge Mailula whose appointment further advances race and gender representativeness, is welcomed as a new member of the Commission.
In the Discussion Paper the premise that the criminal law is not pre-eminently the means by which to combat the spread of HIV is confirmed: the AIDS epidemic is first and foremost a public health issue and it is internationally accepted that non-coercive measures are the most successful means through which public health authorities can reduce the spread of the disease. However, it is also accepted that where HIV-related behaviour results in harm to others (ie exposure to or transmission of HIV), public health measures in themselves are insufficient and the criminal law undoubtedly has a role to play in protecting the community and punishing those who transgress. The Commission is of the preliminary opinion that this limited role is not necessarily incompatible with any public health strategy against the disease.
The closing date for comment on Discussion Paper 80 was extended to 31 March 1999.
Discussion Paper 81 relates to the Commission's investigation into the adoption of an Administrative Justice Act, to give effect to the provisions of section 33 of the Constitution of 1996.
The project is an urgent one. The Constitution requires an Administrative Justice Act to be in place before 4 February 2000.
The key concept "administrative action" in the draft Bill determines its application. The intention is a wide application to public powers.
The Bill sets out the grounds on which a court may review administrative action and the procedure for written reasons for administrative action.
Courts in proceedings for review are required to grant appropriate relief, and provision is made for an "open list" of the remedies in proceedings for review.
The Bill provides procedures in terms of which organs of state make "rules" and "standards".
Two special administrative procedures, namely public enquiries and administrative investigations are recommended.
The establishment of the Administrative Review Council is recommended.
The Commission is presently planning regional workshops (on its preliminary recommendations on administrative justice) which will be hosted in Pretoria on 8/6/99, Durban on 9/6/99, East London on 10/6/99 and Cape Town on 11/6/99.
The closing date for comments on Discussion Paper 81 was 31 March 1999.
Due to Parliamentary time constraints, a draft Domestic Violence Bill emanating from the Project Committee on Domestic Violence was introduced in Parliament by the Minister of Justice prior to finalisation of the Commission's report. The Domestic Violence Act 116 of 1998 largely corresponds to the Bill drafted by the Project Committee, but it also contains provisions advanced by the Commission and developed by the Justice Portfolio Committee with the assistance of the Commission's researcher and the Department of Justice.
The main aim of a report was to initiate legislation.
Because legislation had already been enacted, the costs to publish a report could not be justified.
The Commission, however, agreed that the report contained valuable research which could be made available to interested persons and institutions. It was subsequently decided to adapt the report and to make it available as a Research Paper in the Commission's research series. (The Research Paper is already available on the Internet.
The Discussion Papers and Research Paper are obtainable free of charge from the Commission on request.
In the December 1998 Bulletin it was reported that Discussion Paper 79 on Juvenile Justice was published for general information and comment.
The Portfolio Committees of Social Welfare and Justice were briefed on 10 February 1999 and 24 February 1999 respectively. The Juvenile Justice project committee held a joint briefing for the Portfolio Committees on Safety and Security and Correctional Services on 10 March 1999. A briefing was also held on 1 April 1999 at the Durban Magistrate's Court. A workshop with the Department of Welfare is due to take place on 29 May 1999.
In the draft Bill three options on the minimum age of criminal capacity are presented. In an attempt to resolve the crucial issue of the setting of a minimum age of criminal capacity, the project committee, together with the Centre for Child Law at the University of Pretoria, will be presenting a seminar on 5 and 6 May 1999.
The Commission follows the practice of instituting project committees consisting of experts to assist with investigations and to advise the Commission if a specific investigation in the Commission's programme so requires. In recommending persons to the Minister for appointment, the Commission strives to ensure representativeness of population make-up.
type in subscribe salcnotify in the body of the message. Type end on a new line, then send the message.
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Minister Mdladlana was speaking at the launch of the National Productivity Institute's (NPI) icon for Productivity Month in Pretoria today. In 2002 labour productivity increased by 3,6%, and fixed capital productivity by 2,2%," the Minister said. "During the period 1996 to 2002, multifactor productivity increased by 3,1%. This consists of a weighted increase of 5,5% in labour productivity and 1,7% in capital productivity," the Minister added.
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<fn>GOV-ZA.19april20071En.2012-02-10.en.txt</fn>
The value of information lies in its use. This is as true for official statistics as it is for any other data.
Data gathered by Statistics SA is used in policy formulation, evaluation and monitoring of development initiatives, and measuring socioeconomic change. For example, the SA Reserve Bank's monetary policy committee carefully analyses CPIX inflation (which excludes mortgages), one of the suite of price indices, when it sets the repo rate.
In other examples, data is integrated to form indicators to measure progress on achieving the UN's millennium development goals, the government's programme of action and the accelerated and shared growth initiative for South Africa.
The key role players in policy making watch and analyse the data carefully. Reserve Bank governor Tito Mboweni and his team keep an eagle eye on shifts in CPIX - not just in terms of the actual number (+4.8 percent for the metropolitan area, year on year, between February 2006 and February 2007), but on the detail as well.
For example, the Reserve Bank team would have noticed that this annual increase of 4.8 percent in the CPIX is mainly due to relatively large annual contributions in the price indices for food (+2.1 percentage points); housing, excluding interest rates on mortgage bonds (+0.6 percentage point); medical care and health expenses (+0.5 percentage point); transport (+0.4 percentage point); fuel and power (+0.3 percentage point); household operation (+0.3 percentage point); and education (+0.3 percentage point).
The team would have noticed that these annual increases are slightly counteracted by an annual decrease in the price index for clothing and footwear (-0.3 percentage point).
Those making policy and measuring the impact of its implementation are required to explore the detail.
Take, for example, the latest data on electricity generated and available for distribution, released by Stats SA early in April. Changes in consumption are generally viewed as an important indicator of economic activity, at least in the formal sector.
Data for February 2007 reported an overall increase in consumption of electricity of 5.1 percent compared with February 2006. However, this single figure for South Africa as a whole should not satisfy those who make policy and measure its effects.
At the very least, the figure needs to be disaggregated to provide consumption in the provinces, which do not necessarily follow the same trend reported for South Africa as a whole.
Provincial data shows year-on-year increases reported for the Eastern Cape (+24.2 percent), Northern Cape (+19.1 percent), Gauteng (+9.6 percent), Mpumalanga (+8.4 percent) and Western Cape (+6.1 percent). Less electricity was distributed to KwaZulu-Natal (-2.2 percent) and Limpopo (-6.2 percent).
The policy maker needs to ask why Eastern Cape consumption of electricity has increased so rapidly compared with the other provinces and the country as a whole. What does it mean that the rate of increase in Northern Cape is much higher than in Gauteng and Western Cape What are the implications for the year-on-year decrease in consumption in KwaZulu-Natal and Limpopo?
Each series released by Stats SA needs to be analysed in this way.
A single figure for unemployment is an interesting indicator. According to the latest data, released at the end of March, the unemployment rate fell from 26.7 percent in September 2005 to 25.5 percent in September 2006.
Further investigation shows this is the result of higher employment in the year to September 2006, coupled with a decline in the number of people in unemployment.
A little more mining of the data shows that the number of employed people has risen steadily since September 2001, with employment growth strong in the two years to September 2006 when more than 1 million additional people were employed. Overall, from September 2001 to September 2006, the cumulative employment gains in the labour market totalled 1.6 million.
Even this detail is not enough. Policy makers and analysts need to use the data to disaggregate further, and explore what these figures mean for employment by industry and occupation, for the formal and informal sectors. They need to look at unemployment trends by province, by population group, by level of education and by gender.
Similar ways of using data can be explored in sectoral series. The latest data on production and sales in manufacturing and mining, released on April 11 and 12, respectively, showed that seasonally adjusted manufacturing production for the three months to the end of February 2007 increased by 2.5 percent compared with the previous three months; and that total mining production for the three months to February 2007 increased by 5.8 percent compared with the same period in 2006.
Deeper questions must be asked. What was the contribution of the 10 different manufacturing divisions What were the differences between the production of gold and non-gold minerals What was the contribution of the platinum group of minerals?
Yesterday's release of data for retail trade sales will be carefully interrogated by analysts. Retail trade sales at constant (2000) prices, for the three months to February 2007, showed an increase of 8 percent compared with the three months to February 2006.
But policy makers will extract further value when they examine the contribution of different retailer types to the percentage change in trade sales, or total sales according to type of dealer.
If a careful reading of the data raises questions of importance for policy and its implementation, then the data has value.
However, when those who formulate policy and monitor its impact do not use the data to raise these sorts of questions, then the value of the data is compromised.
<fn>GOV-ZA.19jan2011En.2012-02-10.en.txt</fn>
Stats SA provides scientific knowledge that enables society to understand complex socio economic phenomena. It draws its mandate from the Statistics Act No. 6 of 1999. Stats SA strives to excel in the following five competencies: Intellectual capability to lead the scientific work of statistics Technological competence for purposes of large scale processing and for complex computations and accessibility of information to the public Logistical competence for deployment of (forward and reverse) logistics of large scale field operations and for strategic choices regarding operational efficiency and cost effectiveness Political competence in understanding the political environment without being political or politicized (commitment of delivery without fear of favour) Administrative competence: the ability of bringing it all together.
(Salary Level 7: R140 208 per annum) (Ref. No.
Key Performance Areas: â Provide a procurement service in the transit section â Advise users to ensure guidance on procedural matters â Liaise with suppliers â Ensure proper record keeping â Update delivery diaries.
Prerequisites: â A Matric Certificate â Working experience in procurement â Good understanding of SCM legislative framework â Training in LOGIS will be an added advantage.
Person profile: â This position will suit a person with good communication, analytical, numerical, decision-making and time management skills â Ability to negotiate and mediate â Ability to work under pressure â Ability to part skills and train users in various fields.
All applicants must be willing to undergo a competency exercise as part of the selection process.
Required documents: â Z83 Application Form â Detailed CV with contact details of three recent referees â Certified copies of qualifications, certificates and copy of ID.
Important note: â If you do not hear from us within three months of the closing date, please regard your application as unsuccessful â Correspondence will be entered into with short-listed candidates only â Stats SA reserves the right not to make an appointment â Appointment is subject to security clearance, the signing of a performance agreement, the verification of the applicant's documents and reference checking â It is the applicant's responsibility to have foreign qualifications evaluated by the South African Qualifications Authority (SAQA) â Applications received after the closing date will not be considered â Please clearly indicate the position you are applying for in your application â Applicants must submit a separate application for each position applied for, where several positions are advertised â Candidates are encouraged to submit their applications to the nearest Statistics South Africa Office or courier their applications to the address stated below.
Head Office, Pretoria: Posting to the Recruitment Manager, Stats SA, Private Bag X44, Pretoria, 0001 or hand deliver at 170 De Bruin Park Building, corner Andries and Vermeulen Streets, Pretoria. Enquiries: Kindly contact Mr. Obed Marubyane (012)336 0151
Stats SA endeavours to promote the careers of previously disadvantaged persons by applying the principles of appropriate legislation, eg Employment Equity Act, 1998.
<fn>GOV-ZA.19january20061En.2012-02-10.en.txt</fn>
Last year, Statistics SA released over 270 separate publications, an average of one every working day throughout the year.
Each publication entailed weeks, sometimes months, of a complex cycle of statistical production: questionnaire design, drawing of a sample, running a survey, capturing and processing data, weighting, editing and analysis, calculation of confidence limits, tabulation, hard copy and digital production and dissemination, to name some moments in the statistical cycle.
For many South Africans, the beginning of the new year involved preparing children to go back to school, returning to work or beginning the search for employment. Early January was, for most, dedicated to planning a new year after the year-end break.
For the engine room of official statistics, however, it was business as usual. Ongoing measurement and monitoring of social and economic trends cannot wait on holidays.
Newspapers carried prominent reports on an anticipated government revenue overrun, partly the result of better-than-expected economic performance during 2005. Tax cuts and additional social spending were being predicted by a range of analysts, some of whom made particular mention of buoyancy in the motor and retail sectors.
At the same time the relationship between a strong currency and manufacturing performance again fell under the spotlight. Production of official statistics had to continue.
Motor trade sales were up. Stats SA reported that, for the three months up to October 2005, they increased by 16.9 percent compared with the three months up to October 2004. Sales for October 2005 increased by 17.1 percent compared with October 2004.
Motor trade sales for the first 10 months of 2005 increased by 16.7 percent compared with sales for the first 10 months of 2004. At around the same time, Stats SA reported on electricity generated and available for distribution, an important indicator of economic activity.
This showed an increase in both consumption and production of electricity. The estimated volume of electricity consumed (available for distribution) for the three months ending November 2005, after seasonal adjustment, increased by 2.6 percent (1 451 gigawatt hours) compared with the previous three months ending August 2005.
For the same period, estimated production, after seasonal adjustment, increased by 2.3 percent (1 404 gigawatt hours) compared with the previous three months ending August 2005.
In the first half of January, Stats SA also reported on wholesale trade sales, and production and sales in both mining and manufacturing. Wholesale trade sales, at constant (2000) prices, for the three months ended October 2005 increased by 3.5 percent compared with the same period in 2004.
Furthermore, seasonally adjusted wholesale trade sales, at constant (2000) prices, for the three months ended October 2005 increased by 4.3 percent compared with the three months ended July 2005.
Estimated manufacturing production for the three months ended November 2005 increased by 0.3 percent after seasonal adjustment, compared with the previous three months.
Higher production was reported by seven of the 10 manufacturing divisions. During the months of October and November 2005, low production in the petroleum industry limited the extent of growth in the manufacturing industry results.
Mining production, however, showed a decrease. Total mining production for the three months ended November 2005, after seasonal adjustment, decreased by 3.8 percent compared with the previous three months. This was due to a decrease of 4.8 percent in the production of non-gold minerals during the three months ended November 2005 compared with the previous three months.
Yesterday's publication on retail trade completed this suite of monthly releases on sales until February. This shows that retail trade sales have continued to increase in real terms. For the three months up to October 2005, they increased by 7 percent compared with the three months up to October 2004. Retail trade sales for October 2005 increased by 7.7 percent compared with October 2004.
Towards the end of last year, mention was made of areas where improvements in quality could be anticipated this year. This included measurement of employment and unemployment.
Until recently, the lead time between conducting each labour force survey (LFS) and publishing results has been six months. The results of the September LFS will now be released before the end of this month.
With the start of a new year, the engine room of official statistics is working as expected.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, including the latest release of GDP data, visit www.statssa.gov.
<fn>GOV-ZA.19july20101En.2012-02-10.en.txt</fn>
In order to remain relevant to stakeholders and data users, Statistics South Africa has recently revised its strategic direction.
The change in strategic direction has provided the organisation with an opportunity to revisit the organisation's image, including the overall brand and logo.
As a user of official statistics, we invite you to provide us with suggestions and comments on how you perceive Stats SA's organisational image, in light of the new vision.
We thank you for your continued support.
<fn>GOV-ZA.19may20041En.2012-02-10.en.txt</fn>
Stats SA regrets to announce the withdrawal of the Discussion document - Hotels: trading statistics (P6441) which was scheduled for release on Wednesday 19 May at 11h00.
Trading statistics on hotels (P6441), based on the new business register, are planned to be released later in the year.
<fn>GOV-ZA.19may20051En.2012-02-10.en.txt</fn>
On Tuesday, Statistics SA presented its strategic plan for the next five years to the finance portfolio committee, which is responsible for parliamentary oversight of the official statistics agency, as well as national treasury and the SA Revenue Service.
At a previous presentation, held in October last year, members of the portfolio committee had raised probing questions over data quality and reliability, statistical capacity building and training, and a large-sample survey planned to replace the next scheduled population census.
At this week's hearing, Stats SA was able to report on progress made in these and other areas.
The community survey, which will replace the population census originally scheduled for 2006, will provide information on living conditions at municipal level.
To do this with acceptable levels of accuracy, the sample size will be considerably larger (17 000 enumerator areas) than other Stats SA surveys. Results are anticipated in November 2007.
Although training and capacity building in official statistics are long-term processes, Stats SA was able to report that over 40 staff had been trained at various east African institutes; a masters' programme in data mining had been set up at the University of Witwatersrand; and the internship programme, which this year involves 15 young statisticians, will be expanded to 60 next year.
In the longer term, the aim is to develop a statistical training institute available to all government employees. Preliminary activities include research on similar institutes in other countries, liaison with local universities, and development of course material.
The release of data of acceptable quality and reliability is at the core of Stats SA's business. During 2004/05, Stats SA released 285 different statistical publications covering 53 series.
While the vast majority of these releases were unproblematic, an error in manufacturing data at the beginning of the year undermined confidence in the reliability of the agency's work, and the data had to be corrected.
Revisions, unlike errors, are routine in any statistical agency as more and better data become available, and as improvements in methodology and quality are introduced.
The business register, from which samples for economic measurement are drawn, has been rebuilt, and the revisions that followed have led to more comprehensive coverage and measurement of the economy.
Direct price collections for measurement of the consumer price index, through which processed data will be collected directly from retail outlets rather than by postal surveys.
A new diary method of collecting information for the income and expenditure survey.
New surveys on tourism and services. Another major initiative involves the establishment of a centralised repository for storage and dissemination of data according to common classifications, standards and definitions.
This development of a data warehouse will include central metadata and data repositories. Change and innovation form an important component of Stats SA's strategic planning.
However, at the same time, a stable platform for the collection and release of data on an ongoing basis has to be maintained. This was well demonstrated in the week before the committee presentation.
On May 12, Stats SA released its regular suite of sales data for measuring and monitoring the economy (motor, retail and wholesale trade sales; and mining and manufacturing production and sales).
In the case of manufacturing, production for the first quarter of 2005 declined by 1 percent compared with the fourth quarter of 2004.
Lower production was reported by six of the 10 manufacturing divisions. However, increases were reported in motor, retail and wholesale trade sales.
Total mining production for the first quarter of 2005, when compared with the fourth quarter of 2004, increased by 6.8 percent. However, the actual value of mineral sales for the three months to February 2005 reflected a decrease of 7 percent compared with the previous three months.
This week's presentation to the finance portfolio committee reflected Stats SA's efforts to establish the balance between stability and revision, consistency and change, and innovation and consolidation required by a national statistics agency.
To download a copy of the Strategic Plan click here.
Pali Lehohla is South Africa's statistician-general and the head of Stats SA. For more information on Stats SA and its statistical outputs, visit www.statssa.gov.
<fn>GOV-ZA.19oct20041En.2012-02-10.en.txt</fn>
To encourage more young official statisticians to take an active interest in the activities of the IAOS, the Executive Committee has set up a bi-annual prize for the best paper in the field of official statistics written by young official statisticians.
Author(s) of the best paper will be given an economy return air fare, hotel accommodation and an allowance to attend the next upcoming ISI bi-annual conference in Sydney, 5 - 12 April 2005. If they are not yet an IAOS member, their membership will be paid for the next two years.
There is no restriction with respect to the topic. The paper may not exceed ten pages. The paper will be judged by an international panel with the Vice Presidents Pali Lehohla as the Chair and Ida Stamhuis as a member. Other members are IAOS IP session organizers.
Quality of the exposition.
The decision of the panel will be final.
be prepared to travel to Sydney in April 2005 to present the paper.
Submission of papers for the 2005 prize is now called. If you are interested, please send your paper, preferably in MSWord format, to Ida Stamhuis at stamhuis@few.vu.nl. If you have questions, you can contact her.
The deadline for the submission is 06 December 2004.
The winner will be announced by the end of February 2005 and will have the opportunity to present the paper in one of the IAOS sessions, at the 55th ISI Session in Sydney.
<fn>GOV-ZA.19october20061En.2012-02-10.en.txt</fn>
The collection of South Africa's official statistics is guided by a number of different processes that, when combined, form an ongoing value chain underlying statistical production.
Finally, publications are created from the datasets produced by the analysis and transformation phase, and disseminated in various forms.
Statistics SA has, over the past few years, added transparency and coherence to these previously implicit processes. Towards the end of 2000, Stats SA began analysing and defining the key inputs to its value chain and production systems, with the aim of improving the quality of statistical products.
The standards that are applied in the treatment and reportage on these statistical units and their respective data items over time.
Many of these elements already existed within the separate components of Stats SA responsible for collecting data. However, a silo-based approach to statistics, with each statistical series being administered within the walls of its own originating component, limited development of common standards, classifications and definitions. Inevitably, this influenced the quality of data and limited the opportunities for analysts to evaluate data.
For Stats SA, this highlighted the question of the overall management and organisation of data. Resources were allocated to investigate centralised data warehousing and to redesign the way in which Stats SA processes, transforms, analyses, stores and disseminates the data it collects.
This gave rise to a Data Management and Information Delivery (DMID) project, which is developing a system allowing for centralised management, storage and access to data and metadata. This is according to the elements of the statistical value chain and based on the key pillars of statistical production (statistical units, data items, classifications and standards).
Earlier this week, the governing committee for the DMID project met to consider progress made in developing an authoritative and consolidated register of all concepts and definitions used in official statistics.
Listing every statistical series published by Stats SA, this register specifies each key term used, defines it, cites the source for the definition, and attributes a status to each, ranging from incomplete to preferred standard, which confers near-compulsory use within official statistics.
Statistics serve as a representation of the material world and make no claim to mirror social reality in any absolute manner. However, that representation is always subject to change and the quality of data presented can improve or decline.
The codification of statistics according to the value chain, the ongoing assessment of the quality of statistical units, data items, standards and classifications, and the manner this is being operationalised in the DMID project, reflects the advances made in the quality of South Africa's official statistics.
<fn>GOV-ZA.19socdevEn.2012-02-10.en.txt</fn>
The Department of Social Development is responsible for developing and monitoring the implementation of social policy that both creates an enabling environment for, and leads to the reduction in, poverty. The Department ensures the provision of social protection and social-welfare services to all South Africans. It works in partnership with non-governmental organisations (NGOs), faith-based organisations (FBOs), the business sector, organised labour and other role-players in the spirit of batho pele.
The Department provides implementation support to the provincial Departments of Social Development, and monitors and evaluates the range of social-development programmes. Responsibility for most of the service delivery rests with provincial Departments.
There has been a substantial increase in the social development budget from R19,4 billion in 1999/00 to R31,2 billion in 2002/03.
Restoring the ethics of care and human development in all welfare programmes. This includes the rebuilding of family, community and social relations to promote social integration.
By September 2003, about 6,5 million people were receiving social grants at a cost of about R2,5 million per month. Of these about two million were recipients of Old-Age Grants.
Developing and implementing an integrated poverty-eradication strategy that provides direct benefits for those who are in need, within a sustainable development approach.
Developing a comprehensive socialsecurity system that links contributory and non-contributory schemes, prioritising the most vulnerable households.
Responding to the brutal effects of all forms of violence against women and children, including strategies to deal with perpetrators.
Providing a range of services to support community-based care and support for people living with HIV/AIDS as well as those affected, such as AIDS orphans.
Developing a national strategy to reduce youth criminality and unemployment within the framework of the National Crime Prevention Strategy.
Making social-welfare services accessible and available to people in rural, peri-urban and informal settlements, as well as ensuring equity in service provision.
Redesigning services for people with disabilities to promote their human rights and economic development.
Basing welfare work on a commitment to co-operative governance that includes working with different spheres of government and civil society.
Training, educating, redeploying and employing a new category of workers relevant to addressing the development challenges of South Africa.
Recent years have seen significant progress in developing and strengthening the system of social grants (government's key instrument for direct poverty relief), expanding the social safety net, as well as improving administration. In addition, since 1998/99 there has been a progressive shift from the traditional welfare model to a social-development model, placing more emphasis on addressing the structural causes of poverty and responding to their social manifestations.
The Department of Social Development has surpassed the target of registering three million children for the Child Support Grant (CSG) by April 2004. By 31 July 2003, some 3,4 million children had been registered.
The administration of social security has been rationalised with the introduction of assessment panels for Disability Grants, the simplification of the review of eligibility, and the removal of the three-month limitation on arrear payments to beneficiaries.
Norms and standards for social-grant delivery have been developed and planning is under way for its phased implementation over a three-year period.
Developing new policy in line with the recommendations of the Ministerial Committee on the Abuse, Neglect and Ill-treatment of Older Persons, adopted by the Cabinet in February 2001.
Revising the financing subsidies for welfare organisations.
Establishing the Advisory Board on Social Development to advise the Minister on a range of social-development issues and serve as a consultative mechanism.
The implementation of the National Integrated Plan for Children Infected and Affected by HIV/AIDS, focusing on home-and community-based care initiatives, which started in 2000 in partnership with the Department of Health, is gathering momentum.
The investigation by the Ministerial Committee on the Abuse, Neglect and Ill-Treatment of Older Persons revealed an alarming level of abuse, neglect and ill-treatment of the elderly by families, institutions and government services. The Cabinet adopted the recommendations of the Committee and implementation of these recommendations is in progress.
significantly improving social-assistance service delivery to older persons accelerating the transformation of residential homes for older persons increasing the support for community-based care and non-residential services to older persons introducing new legislation that complies with the Constitution, 1996 (Act 108 of 1996), and with the international conventions on the rights of older persons.
The Older Persons Bill was adopted for submission to Parliament in July 2003.
The Bill strives to maintain and increase the capacity of older persons to support themselves and contribute to the well-being of those around them.
maintain and promote the status, well-being, safety and security of older persons maintain and protect the rights of older persons as recipients of services regulate the registration of facilities for older persons combat the abuse of older persons.
The South African Law Reform Commission (SALRC) is drafting new comprehensive child-care legislation to replace the Child Care Act, 1983 (Act 74 of 1983), which is inconsistent with the Constitution and the United Nations (UN) Declaration on the Rights of the Child.
On 7 December 2002, the SALRC approved the report and draft Child Care Bill in its investigation into the Review of the Child Care Act, 1983, concluding an investigation that commenced in 1997.
childhood begins at birth the age of majority be lowered to 18 years of age more than one (even more than two) persons be allowed to acquire and manage parental rights and responsibilities, or components thereof, in respect of the same child at the same time mothers and married fathers be accorded such parental rights and responsibilities automatically, while some unmarried fathers and other persons will have to apply to court to acquire such rights and responsibilities a Child and Family Court be established at regional court level a register of persons unsuitable to working with children be created children of all ages be provided with confidential access to condoms the common law defence to reasonable chastisement be repealed municipalities establish and administer child- and youth-care centres child-headed households be recognised by law a child grant be payable on a universal basis in respect of all children in need of care and protection.
The aim of the Social Assistance Bill is to provide for the rendering of social assistance to persons, the mechanisms for the rendering of such assistance, the establishment of an inspectorate for social assist-ance, and matters connected therewith.
The Portfolio Committee on Social Development held public hearings on the Social Assistance Bill and the Social Security Agency Bill on 22 and 23 September 2003.
The proposed Social Assistance Bill will provide for the establishment of the National Social Security Agency which will help to improve the administration and delivery of social grants. Through the amendment of the Social Assistance Bill, the Department of Social Development seeks to ensure easier access to government services with regard to the provision of social assistance to individuals and families that are in dire need.
In July 2003, the Cabinet approved the process of establishing the National Social Security Agency.
The Regulations for Social Assistance were amended to relax conditions that impeded easy access to grants and to promote administrative justice.
The removal of the pensions medical officer for the approval of Disability and Care Dependency Grants, and the introduction of panels to assess applicants for these Grants, in terms of both medical and social factors.
The payment of grants, if approved, accrues from the date of application for all grant types except for the Foster Care Grant, in which case accrual begins from the date of the court order.
The review of grants has been streamlined. Only applicants who declare their means of income at the time of the application are required to have an annual review of their grant. Those who have no means are only required to submit a life certificate on an annual basis to verify that they are alive. Those who collect their grants through biometrics and have no means are neither required to submit life certificates nor to have their grants reviewed.
Previously, the Care Dependency Grant was only available to parents and foster parents of children. It is now also available to custodians and guardians. Personal income has replaced household income as the meanstest indicator, thus increasing the income exclusion level for applicants.
More than four million social grants were paid in March 2002 to means-tested recipients in certain categories of older persons, persons with disabilities, and families with children. These payments have been relatively effective in reaching the rural poor, a group which is difficult to reach with other government services and programmes.
By September 2003, about 6,5 million people received social grants at a cost of about R2,5 billion per month. Of these, 3,8 million received the CSG and about two million, Old-Age Grants.
The CSG, which was introduced in March 1998 to widen the safety net, continues to increase its take-up rate. In the first year of the CSG's implementation, there were just over 58 000 children receiving payment. By July 2003, this had increased to 3,4 million children. The aim of government is to register all children eligible for CSGs by 2005.
With the registration of over three million children, each child receiving R160, the Government is spending over R480 million per month. More than half of unregistered children and eligible people are in the poorest provinces, namely Free State, Limpopo, KwaZulu-Natal and the Eastern Cape.
In his State of the Nation Address in February 2003, President Thabo Mbeki announced that the age of children eligible for the CSG would be progressively increased to include children up to the age of 14 years.
The increase will be implemented in phases over the next three years. During the 2003/04 financial year, the focus was on ensuring that all children between the ages of seven and nine were registered, while during 2004/05, children between the ages of nine and 12 years will be registered. Beneficiaries between 12 and 14 years are expected to be registered in 2005/06.
Government has set aside R11 billion for the age extensions, which will result in an additional 3,2 million children receiving the CSG.
A further large proportion of the beneficiaries of social grants are the elderly. Women qualify at the age of 60 years and men at the age of 65.
The Disability Grant is paid to people who have been assessed as permanently or temporarily disabled.
Foster Care Grants are paid to caregivers of children who have been placed with them by the courts. Caregivers of disabled children up to the age of 18 years are eligible for the Care Dependency Grant. Once the child turns 18 years, he or she is eligible for the Disability Grant.
The total budget allocation for the payment of social assistance by the provincial Departments of Social Development was R21,4 billion for 2001/02 and this was expected to reach R25,2 billion in 2002/03.
Other grants provided by the Department of Social Development include the War Veterans Grant and Grant-in-Aid.
increasing the amounts of all types of grants above the inflation rate as a form of poverty alleviation increasing the eligibility age of the CSG to 14 years over the next three years as a way of progressively realising and prioritising children's socio-economic rights as enshrined in the Constitution implementing programmes to ensure easy access to grants, including improved communication and reaching out to communities improving the administration of grants (intensification of the Implementation of Norms and Standards).
In addition to the provision of social assistance, the Department also manages the Poverty-Relief Programme. This Programme is funded through a special allocation from the Poverty-Relief, Infrastructure and Job Creation Fund of the National Treasury and aims to assist communities in a range of developmental projects.
The Programme entrusts State resources to communities to undertake and dictate development for themselves by themselves.
Steady progress is being made with the Poverty-Relief Programme.
Since 1997, the Department has administered more than R563 million, providing support to over 3 600 community-based projects.
Most of the projects are located in the Eastern Cape, KwaZulu-Natal and Limpopo.
The Poverty-Relief Programme targets vulnerable groups, namely women, children, youth, the elderly and people with disabilities. Over a three-year period, it is estimated that 60 000 people would have earned wages generated through poverty-relief projects. For the coming years, the Department has prioritised the areas of food security, centres for engaging older persons in economic activities, support for community-based initiatives in the area of HIV/AIDS, youth-skills development in the context of urban renewal, economic empowerment of women, support for initiatives that integrate the capacities of persons with disabilities into the Poverty-Relief Programme, and income-generating projects.
The feeding of children, through the Poverty-Relief Programme, particularly orphans and those people infected and affected by HIV/AIDS, is growing.
One of the projects is the Carol Shaw Memorial Project based in Zuurbekom, west of Johannesburg.
Communities are also using poverty-relief funds to generate income, by selling surplus produce from their food projects, such as the Skills Dynamic Project based in Richards Bay, KwaZulu-Natal, which feeds poor families in the area and sells eggs from its poultry project.
The Nyumba Ya Kwethu Youth and Children's Project takes care of orphaned children of former South African exiles.
In February 2003, the Minister of Social Development commended the Inyosi Bee-Keeping Poverty-Relief Project in the Eastern Cape for receiving the Mpumelelo Trust Award.
The Award is given to organisations for creating jobs and improving the lives of poor rural communities, especially women.
The Project focuses on bee-keeping and the production of wax products and has created employment for over 500 people from poor communities. The Project received R2,4 million from the Department during the 2002/03 financial year.
During 2003, a total of R71 million was allocated to the Department of Social Development for poverty relief, targeting mostly unemployed women and the youth in especially rural areas.
In order to mitigate the impact of HIV/AIDS on the poorest of the poor, the Department disbursed R65 million to support communityand home-based care programmes during 2003.
Government is committed to focusing more on social spending to further push back the frontiers of poverty and advance the cause of building a better life for all.
In October 2002, the Cabinet allocated R400 million to counteract soaring food prices, famine and food insecurity in South Africa and the Southern African Development Community (SADC) region.
Some R170 million was sent to the World Food Programme to assist neighbouring countries devastated by famine.
The larger portion of the allocation, R230 million, was used for the Food Emergency Scheme that was benefiting over 240 000 poor households by July 2003. Families without an income and those who spent a maximum of R200 per month on food and basic household essentials received food parcels.
The focus is shifting towards more sustainable ways, such as food production through the provision of starter packs, registration for social grants, linking families and communities to the income-generation programmes of government and the private sector, training and capacity-building, studying the lessons of the pilot and its costs, and escalating beyond the pilot phase.
These would further enhance the realisation of the Millennium Declaration Goals and the goals of the 2002 World Summit on Sustainable Development to have reduced poverty by half in 2015.
In 2003, government committed R1,2 billion to finance the Scheme over the next three years.
providing food parcels as emergency food relief to poor households, especially those headed by children linking eligible persons from these households and communities to social assistance and social security enhancing better nutrition among the vulnerable sectors of society ensuring that vulnerable children, especially orphans, are linked to the School Nutrition Programme protecting the poorest households from surging food prices by enhancing the capacity of communities and households to provide for themselves enhancing partnerships and co-operative governance in the fight against hunger and poverty.
The Scheme forms part of government's Integrated Food Security and Nutrition Programme (IFSNP).
Development of comprehensive foodproduction and trade schemes to enhance the capacity of communities to produce food for themselves through the setting up of both household and communal food gardens.
Initiation of a community-development scheme aimed at providing employment to local communities through communitybased and community-owned public works programmes. This involves the setting up of community-based income-generating projects and activities to ensure sustainable food security.
Development of a nutrition and food programme that focuses primarily on the improvement of nutrition levels in communities, to ensure that every child has at least one nutritious meal a day.
Development of a fully funded communication strategy to ensure the maintenance of government's communication lines with all of its people.
Building of a safety net and Food Emergency Scheme to ensure that the poorest families, especially children and child-headed households, have food on the table.
The national Department of Social Development has developed a social-development framework for an integrated and co-ordinated response to HIV/AIDS. The framework includes sourcing reliable research and information; the provision of social protection to those infected and affected, especially children; protection of children's rights; provision of services; special programmes such as the Home-Based/Community-Based Care Programme; empowerment of women; and the capacitating of officials to deal with HIV/AIDS. The Department's response to HIV/AIDS is underpinned by working in partnership with other government departments, NGOs, community-based organisations (CBOs), FBOs, the business sector, volunteers and international agencies.
The Department received an allocation of R65,9 million for HIV/AIDS programmes in 2003.
During 2003, the Department focused on strengthening home- and community-based care, with the emphasis on child-headed households and strengthening partnerships with NGOs, FBOs, CBOs and civil-society structures. By mid-2003, some 300 centres, supporting 75 000 children and their families, had been established through this programme.
In February 2003, the Minister of Social Development addressed representatives from the United Nations Population Fund (UNFPA) from across the southern African region on HIV/AIDS, and poverty and population issues affecting the region, at a five-day Southern African Region Cluster meeting held in Cape Town.
The Minister announced that the R72 million injected by the UNFPA would be used to support government in reducing the impact of HIV/AIDS, strengthening integrated ruraldevelopment programmes and promoting best practices through regional integration.
reproductive health and rights advocacy and the mobilisation of resources strengthening population and development capacity. The Programme will target developments in the Eastern Cape, KwaZulu-Natal and Limpopo.
On 9 October 2003, the Minister visited several HIV/AIDS projects caring for children around Durban, KwaZulu-Natal, to assess the needs and services rendered by government. These projects are taking care of about 300 children affected by HIV/AIDS and those who have been abandoned.
During their meeting on 15 August 2003, the Minister of Social Development and the provincial members of executive councils (MECs) for Social Development (MINMEC) committed themselves to fully supporting the Cabinet's decision on the roll-out of antiretroviral treatment.
A task team was subsequently set up to study the implications of the decision and advise the Minister accordingly.
The Department is implementing the Home-Based/Community-Based Care Programme in conjunction with the Departments of Health and of Education. The integrated Programme provides life skills for children and youths, voluntary testing and counselling services, and a range of care and support services focusing on families and children orphaned through the AIDS-related death of their parents. There has been significant progress with regard to the initial implementation of home-and community-based care and support.
Nutritional care and support guidelines for people living with HIV and AIDS have been developed and distributed, together with national guidelines on home-and community-based care.
Government increased its budget on the conditional grant allocation for home- and community-based care from R28 million in 1999 to R180 million in 2003.
Besides this massive conditional grant, NGO funding nationally has spent R7 million on home- and community-based care from a total NGO budget of R22 million which covers all other HIV and AIDS-related interventions that are provided by NGOs.
By August 2003, 10 000 caregivers had been trained in home-and community-based care. The number of home- and community-based care projects doubled from 466 in 2001 to 892 in August 2003.
Partnerships with international organisations, NGOs, CBOs, and FBOs in the fight against HIV and AIDS are being strengthened.
The Department of Social Development also supports a number of community-initiated care and support projects. With the increasing demand for these services by families and children infected and affected by HIV/AIDS, the Department will be expanding this project over the next three years. Special attention is being given to integrate the Home- and Community-Based Care and Support Programme into all programmes of the Department, nationally and provincially.
On 11 October 2003, the Traditional HIV/AIDS Home-Based Care (THABC) Project in Robega Village in Phokeng in the North West launched a Drop-In Centre and soup kitchen.
The Department of Social Development provided funds for the project, aimed at feeding children and poor families in the area.
Since 2001, the THABC has supplied about 60 families with food packages, made lunch boxes for about 50 scholars and cooked supper for about 130 orphans on a daily basis.
disbursed more than R65 million in 2003 to support Community- and Home-Based Care Programmes.
Of this, KwaZulu-Natal received the biggest allocation of R11,9 million, followed by Mpumalanga with R9,8 million, Gauteng with R9,6 million and the Free State with R9,2 million. The balance was allocated to the remaining provinces. The provincial Departments have established and supported more than 300 centres.
Services provided to children infected or affected by HIV/AIDS include the provision of food parcels and clothing, counselling, support, provision of day care and after school/drop-in centres, placement of children in foster and/or residential care, and addressing their education and health needs.
The Department spent R48 million during 2002/03 to ensure that children infected and affected by HIV/AIDS had access to services that included alternative care, social grants, counselling, food security, and protection from abuse and other forms of maltreatment.
The HIV/AIDS drop-in centres established by the Department of Social Development received a budget of R16,4 million in 2003/04. Each food parcel these centres provide costs about R300. The drop-in centres were identified through the HIV/AIDS database of Home- and Community-Based Care Centres. Each province has identified drop-in centres to be contracted to provide cooked meals to identified beneficiaries. These beneficiaries are classified as people who are not able to cook for themselves, e.g. as in the case of childheaded households.
The National Conference on Co-ordinated Action for Children Infected and Affected by HIV/AIDS was held in June 2002.
The Conference culminated in a plan of action to ensure that stakeholders, at all levels, work in a co-ordinated way to protect the rights of children who are infected and affected by HIV/AIDS and to ensure that the rights of children to food, shelter, social services and grants, education, health, counselling, alternative care, protection and non-discrimination are enhanced. This includes engaging in a national capacity-development process for communities to identify and care for orphans and other vulnerable children, to create a community, district, provincial and national database, and to track the process of accessing social grants and essential services. A Plan of Action to pursue these objectives has been developed.
The Department has developed an integrated and consolidated Five-Year National Social Development Strategic Plan which is being implemented in partnership with other stakeholders such as the United Nations Children's Fund (UNICEF).
The Department, in collaboration with the South African Management Development Institute, has developed a curriculum for planners, analysts and researchers in the public sector (national, provincial and local governments) to develop a common basic understanding of the impact of HIV/AIDS on service delivery. The programme was launched in the second half of 2001 and is expected to reach 3 000 officials over a period of three years. The programme is being presented in all provinces and is run by universities across the country. Over 1 500 planners from all three spheres of government had attended the course by March 2003.
The first-ever Volunteer Conference was held from 5 to 7 September 2003 in Johannesburg.
Its aim was to form a co-ordination body for volunteering in South Africa.
voluntary work as an essential element of civic life and civic responsibility the role of the media in promoting volunteering partnerships in volunteering.
On 8 October 2003, the Department of Social Development and the UNFPA released the State of the World's Population Report 2003.
The report, with the theme Making One Billion Count: Investing in Adolescents' Health and Rights, aims to prepare and inform adolescents and youths on issues of poverty, inequality and HIV/AIDS.
The Report states that challenges facing South Africa include the improvement of gender practices, eradicating poverty, fighting crime, providing education, and combating sexually transmitted diseases, including HIV/AIDS.
The Report aims to stimulate and generate public debate on the challenges and risks faced by adolescents. It finds that investing in young people yields generous returns for generations to come.
According to the Report, failure to invest in the youth perpetuates poverty, inequality, unsustainable population growth and HIV/AIDS. Young women are often worst affected. Expanding their opportunities and ensuring their reproductive health and rights, free from violence and discrimination, are critically important for sustainable human development.
Since 2000, the Department has strengthened its partnership with national and international organisations involved in the fight against HIV/AIDS. The Department chairs the National AIDS Children's Task Team (NACTT), a multisectoral task team focusing on the care and support of children infected and affected by HIV/AIDS.
UNICEF conducted studies on caring for vulnerable children and children orphaned through AIDS-related illnesses, as well as studies on the cost-effectiveness of six models of care for vulnerable children. The Department has implemented the results of the UNICEF studies in its design of programmes for children. UNICEF has indicated interest in providing further support to the Department in fast-tracking the Home-Based and Community-Based Care Programme.
This organisation provides secretariat and other assistance to the NACTT and has undertaken research on abused children and children affected by HIV/AIDS. It has compiled a directory of services and children's organisations.
The Department has strengthened its partnership with churches and other FBOs, the business sector, volunteer organisations and individuals to assist with the Poverty-Relief, HIV/AIDS and social-grant-registration programmes.
In addition to providing social assistance to children through the CSG and the Foster Care Grant, the Department facilitates the provision of services to children and youths through the provincial Departments of Social Development and NGOs.
representing South Africa in international social-service organisations.
The IJS Project ensures the integration of the management of cases and offenders through four departments, namely the South African Police Service (SAPS), and the Departments of Justice and Constitutional Development, of Correctional Services and of Social Development, supported by enabling technologies. A number of projects have been initiated to this end. These include the Awaiting-Trial Prisoner Project.
Children awaiting trial in any residentialcare facility are a priority of the Department of Social Development. Active participation from the provincial social-service representatives and management teams has yielded positive results. An interdepartmental committee of senior officials monitors the cases of children awaiting trial.
The computerised Child-Protection Register has been developed, and technological improvements in the SAPS Crime Administration System enable the four Departments to track children through the System and assist in the monitoring of their cases. The Court Process Project provides for the electronic management of court processes from arrest to final court appearances. The Project is increasing efficiency and reducing court delays. The Department of Social Development runs six pilot sites.
Social-development services to women are another priority. This derives from the premise and concern that the inequality that exists between men and women in South Africa is deeply entrenched and has characterised South African society for many decades. Women are subject to discrimination, exploitation and violence despite the Constitution, which affirms the democratic values of human dignity, equality and freedom. An unprecedented effort is therefore required to ensure that the status of women is elevated to protect their rights and speed up gender equality.
The Department established the Flagship Programme: Developmental Programmes for Unemployed Women with Children under Five Years. This provides economic and development opportunities and services to unemployed women with children under the age of five years, living in deep rural areas and previously disadvantaged informal settlements. Sixteen projects have been designed to create income that is distributed among the participating women.
The various projects include activities such as eating houses, overnight facilities, car washes, beauty salons, vegetable gardens, garment-making, poultry and egg production, bread-baking, leather works, offal-cleaning, child-minding and paper-and-fabric printing. Some 727 women and 646 children are benefiting from the Programme. The Flagship Programme has developed a creative form of early childhood intervention, which provides developmentally appropriate education to children younger than five to increase their chances of healthy growth and development.
A partnership between the Department and Transnet has led to the donation of old containers to communities in rural areas. These are repaired and refurbished for use by the communities as one-stop service centres or multi-purpose centres from which a range of services can be provided.
Three Social-Service Centres, housed in containers, were opened in the Northern Cape in February 2003.
The Centres, estimated to be worth more than R100 million, were provided by Transnet as part of a long-standing partnership with the provincial Department of Social Services and Population Development. The containers will serve the communities of the remote and underdeveloped Brandvlei, Galeshewe and Delportshoop, by providing services such as the registration of eligible persons for social grants, social work, poverty relief and capacitybuilding by NGOs.
By July 2003, 1 029 167 beneficiaries had received social assistance in the form of the Disability Grant. The Department also provides assistance to people with disabilities through the Poverty-Relief Programme and subsidies to national councils.
Cancer Association of South Africa. During 2000/01, the Department reviewed the procedures for assessing applicants for the Disability Grant and proposed amendments to the regulations of the Social Assistance Act, 1992 (Act 20 of 1992). The amendments provide for the use of community-based assessment panels as an alternative to district surgeons, who are not easily accessible to people in rural areas. The Committee of Inquiry into a Comprehensive Social Security System made recommendations to improve social protection for people with disabilities.
The VEP facilitates the establishment and integration of interdepartmental/intersectoral programmes and policies for the support, protection and empowerment of victims of crime and violence, with special focus on women and children.
It also ensures that the implementation of such programmes and policies is monitored and evaluated.
Some 120 projects have been established since the inception of the VEP in 1999. The projects provide trauma support and counselling services to the victims of violence and crime. Some of these projects focus on empowering community workers and professionals with skills and knowledge for the effective delivery of services to such victims.
One such meaningful project, which has been provided with technical and financial support through the VEP, is the Stop Abuse Help-Line of the Johannesburg Life Line.
Other organisations that are financially supported by the VEP include the National Network on Violence Against Women, the Ilitha Psychological Services NGO in Fort Hare, the Soshanguve Trauma Centre, University of South Africa's Department of Industrial Psychology, Themba Lesizwe NGO, and the Walk the Talk Challenge from Durban to Cape Town.
The VEP is a major component of the joint agreement between the Department of Social Development and the UN Office for Drug Control and Crime Prevention, for the establishment of one-stop centres for women and children who are victims of abuse, especially domestic violence. Two such centres are already operating as pilot projects in the Eastern Cape and Mpumalanga.
The centres were handed over to the provincial Governments in September 2002 and February 2003, respectively, to ensure their sustainability.
The Interdepartmental Management Team (IDMT) comprises representatives from the Departments of Health, of Safety and Security, of Social Development, and the Sexual Offences and Community Affairs Unit of the National Directorate of Public Prosecutions. The IDMT was tasked by the Departments' Ministers to develop an anti-rape strategy for the prevention of sexual violence against women and children.
In March 2002, the Cabinet approved the strategic framework for an interdepartmental anti-rape strategy. The Justice and Crime Prevention Cluster and the Social Cluster Departments have begun to jointly implement the strategy.
The SAPS has also established partnerships with several other community-based role-players, including businesses. These links have improved the implementation of crimeprevention initiatives, e.g. the implementation of the Government's Anti-Rape Strategy.
The Non-Profit Directorate of the Department of Social Development registers organisations under the NPO Act, 1997 (Act 71 of 1997).
The primary purpose of the Act is to encourage and support organisations in a wider range of the work they do, by creating an enabling environment for NPOs to flourish, and setting and maintaining adequate standards of governance, accountability and transparency.
An NPO is defined as a trust, company or association of persons that has been established for public purpose and of which the income and property are not distributable to its members or office bearers except as reasonable compensation for services rendered.
This includes NGOs, CBOs, FBOs, Section 21 companies, trusts and any voluntary organisations.
The registration process to attain NPO status takes two months on average and is free of charge. The benefits of registration include improving the credibility of the sector, as NPOs can account to a public office and receive help in accessing benefits such as tax incentives and funding opportunities.
The NDA was transferred from the Ministry of Finance to the Ministry of Social Development in October 2001. It is a statutory development agency whose primary focus areas are to contribute towards the eradication of poverty and its causes, and to strengthen the capacity of civil-society organisations to combat poverty.
Its primary sources of income are an annual allocation from the Department of Social Development (R96 million in 2002/03 to over R103 million in 2003/04) and donor funding.
The Fund-Raising Act, 1978 (Act 107 of 1978), provides for relief boards to provide social relief to people in distress as a result of disasters or displacement from another country.
The Disaster Relief Board paid out R49,7 million to victims in the 2002/03 financial year and completed the processing of more than 19 000 claims from victims of the 2001 floods in the Western Cape.
Strategic and business plans have been developed specifically to facilitate the implementation of the South African National Drug Master Plan (NDMP) that was adopted by the Cabinet in 1999. The business plan takes cognisance of the basic proposals and priorities identified in the NDMP to counter the drug problem effectively, e.g. the need to comprehensively mobilise national and provincial departments towards taking account of drug-abuse issues in their activities and budgets, and to reduce the supply of and demand for drugs.
With regard to drug-demand reduction, various initiatives have been undertaken. For example, the launching of an ongoing national anti-drug awareness programme has been negotiated; information sheets have been developed and distributed; and numerous media interviews have been conducted on burning issues such as the decriminalisation of the use of dagga (cannabis).
With regard to drug-supply reduction, the CDA has, for example, approached members of the liquor industry in view of increasing self-regulation. Directly and indirectly, CDA members have participated in local efforts against drug syndicates, and in the efforts of the SADC, the African Union and international agencies in countering the drug problem on the African continent and abroad.
The groundwork has also been laid for the establishment of a national database on drug issues and a national clearing-house, specifically to ensure evidence-led future initiatives.
By March 2003, the CDA was planning to establish a national network of provincial and local drug forums in all nine provinces.
These will ensure good communication and the involvement of all stakeholders, including community members and grassroots organisations.
As part of the commemoration of the International Day Against Drug Abuse, the Minister of Social Development, together with the CDA and UN Office for Drug Control, launched the Ke Moja Anti-Drug Campaign in Cape Town on 24 June 2003. The Minister also gave a special address to Parliament on the impact of drugs in South African society, particularly on the youth.
BuaNews Department of Social Development Estimates of National Expenditure 2003, published by the National Treasury National Development Agency www.gov.
Barnard, D. and Terreblanche, Y. eds. PRODDER: The Southern African Development Directory 1999/00. Pretoria: Human Sciences Research Council (HSRC), 1999. Cassiem, S. and others. Are Poor Children Being Put First Child Poverty and the Budget. Cape Town: Institute fo?
Democracy in South Africa, 2000. Donald, D., Dawes, A. and Louw, J. eds. Addressing Childhood Adversity. Cape Town: David Philip, 2000. Eckley, S.A.C. Transformation of Care for the Aged in South Africa. In: Social Work Practice, 2, 1996, pp 47 - 51. Fraser-Moleketi, G. Giving the Youth their Due. In: SA Now, Vol I no 4 1996,pp 7 - 12. Gray, M, ed. Developmental Social Work: Theory and Practice in South Africa. Cape Town: David Philip, 1999. Hart, G. Disabling Globalisation: Places of Power in Post-Apartheid South Africa.
Natal Press, 2002. Isbister, J. Promises Not Kept: The Betrayal of Social Change in the Third World. 4th ed. West Hartford.
Connecticut, Kumarian Press: 1998. Kok, P. and Pietersen, J. Youth. Pretoria: HSRC, 2000. Laubscher, J. ed. Interfering Women. No Place: National Council of Women of South Africa, n.d.
National Council of Women of South Africa, 1909 - 1999. Leggett, T., Miller, V. and Richards, R. eds. My Life in the New South Africa: A Youth Perspective.
Luirink, B. Moffies: Gay and Lesbian Life in Southern Africa. Cape Town: David Philip, 2000. Magubane, B. M. African Sociology: Towards a Critical Perspective. Trenton, N.J: Africa World Press, 2000. Marais, H.C. and others. eds. Sustainable Social Development: Critical Issues. Pretoria: Network Publishers, 2001. May, J. ed. Poverty and Inequality in South Africa: Meeting the Challenge. Cape Town: David Philip, 1999. Mazibuko, F.N.M. Policy Analysis as a Strategy of Welfare Policy Development: The White Paper Process,1996.
Social Work Practice, 32, 1996, p 234 - 241. Midgley, J. Promoting a Developmental Perspective in Social Welfare. In: Social Work Practice,32,1996,p 1 - 7. Morris, A. Bleakness and Light: Inner-City Transition in Hillbrow. Johannesburg: Witwatersrand, 1999. Mothers and Fathers of the Nation: The Forgotten People Department of Social Development, 26 Februar?
Pistorius, P. ed. Texture and Memory: The Urbanism of District Six. Cape Town: Cape Technikon, 2002. 2nd ed. Report of the Land Committee on Child and Family Support. August 1996. Role of the Private Practice of Social Work in the Transformation and Restructuring of Welfare in South Africa.
Social Work Practice, 2, 1996, pp 43 - 46. Sadik, N. ed. Population Policies and Programmes. Lessons Learnt from Two Decades of Experience.
New York University Press, 1991. Sarandon, S. Children of AIDS: Africa's Orphan Disaster. Pietermaritzburg: University of Natal Press, 2001. Seleoane, M. Socio-Economic Rights in the South African Constitution. Pretoria: HSRC, 2001. Sono, T. Race Relations in Post-Apartheid South Africa.
Relations,1999. The Apartheid City and Beyond: Urbanisation and Social Change in South Africa.
University of the Witwatersrand, 1992. The Road to Social Development: Department of Social Development, April 2001.
The Women, Gender and Development Reader. Editors:N. Visvananathan and others. Cape Town: David Philip, 1997.
Vergnani, L. Getting Rid of the Welfare Dinosaurs. In: Landing Edge, 6, 1996, pp 29 - 33.
Women Marching into the 21st Century: Wathint' Abafazi, Wathint' Imbokodo. Pretoria: HSRC, 2000.
Wylie, D. Starving on a Full Stomach. Charlottesville: University Press of Virginia, 2001.
Zegeye, A. ed. Social Identities in the New South Africa. (After Apartheid, Vol. 1). Cape Town: Kwela Books, 2001.
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Council contributes to three defined contribution funds and two defined benefit funds. The latter funds are fully funded as at the last actuarial valuation. Current contributions are sufficient to support the benefits of the funds.
Transferred to Other Debtors 81,621 453,325,758 36.
Transferred to Call investment deposits 7,848,293 69,205,028 36.
Transferred to General Expenses 346,618 1,026,193,597 36.
Transferred to Service charges 231,398,146 36.
Transferred to General Expenses 27,869 74,665,779 36.
Transferred to General Expenses 11,926 154,350,287 36.
Total 226,263,537 36.
Total 379,044,292 36.
Transferred to Property Rates 466,714,723 36.
Total 820,904,633 36.
Implementation of GRAP 1: Presentation of Financial Statements Transferred to Bulk Purchases 563,862,023 36.
Total 1,224,937,712 36.
Total 218,453,925 36.
Implementation of GRAP 1: Presentation of Financial Statements Transferred to Interest Paid 39,821,094 36.
Implementation of GRAP 1: Presentation of Financial Statements Transferred to General Expenses 218,271 36.
Total 632,615,785 36.
During the year ended 30 June 2005, the operating grant was erroneously overstated and the comparative figures have accordingly been restated.
Net effect on deficit for year 0 100,170 37.
Distributors (REDs).
Regulator of South Africa (NERSA). EDI Holdings has been appointed as the government body to oversee the restructuring of the Electricity Industry. As the first phase, the creation of RED's will incorporate the six major metropolitan centres and later spread across the entire country.
REDs will report directly to central government.
As a result of severe rains on 2 August 2006, the municipality's infrastructure was extensively damaged. The consequential damage has been estimated at approximately R120 million. Indications are that an amount of R106 million will be allocated in terms of the Municipal Infrastructure Grant programme to assist with the repairs to the affected areas.
Subsequent to year-end Council advertised its intention to sell certain pockets of land in Summerstrand. At this stage it is not possible to determine the potential financial implications.
The erstwhile Port Elizabeth Municipality entered into a leaseback agreement of a "Gas Turbine Machine", with ABSA Bank, for a ten year period from 26 September 1996 to 26 September 2006. The agreement was accompanied by a R30m loan facility, which was supported by an investment of a similar amount, attracting interest at 18,75% maturing on 26 September 2006. This agreement was terminated on 26 September 2006 with both parties settling their obligations 39.
The claim arises out of a dispute surrounding the sale of Council owned land.
The claim arises out of a dispute between an Electrical contractor and the Municipality over the alleged amendments to a contract.
(e) Both (d) and (e) refer to the same incident. The claim arises as a result of both the Father and the Mother sueing the Municipality in their separate capacities as their minor child allegedly drowned in water on a Municipal building site.
(f). The liability in respect of post retirement benefits relating to ill-health retirements and medical aid contributions has been assessed by an actuary, with the unfunded liability amounting to R 579 800 000 as at 30 June 2006. Furthermore, Council adopted a strategy that future retirement liabilities be funded over a fifteen-year period.
(g). The claim arises out of a dispute between a housing contractor and the Municipality over the termination of a housing contract due to the continuous failure of the claimant to comply with his obligations under the contract to timeously completing the work.
The claim arises as a result of the Mother sueing the Municipality in her capacity as natural guardian of her minor daughter who sustained injuries whilst in a public recreational park.
The claim arises out of a dispute surrounding payment of monies due and payable by the Municipality to Vukuzenzele (Pty) Limited, Maqadi Yona Construction and Equibuild Construction for alleged services rendered.
The claim arises out of a dispute surrounding alleged payment for services rendered.
The claim arises out of a shooting incident between a Traffic officer and the claimant after the traffic officer allegedly lost control and overturned a municipal vehicle.
The claim arises out of injuries sustained in an alleged fall into an open manhole.
The claim arises out of damage to the Claimants vehicle allegedly caused by swerving as a Municipal Traffic officer overtook an overloaded truck.
The claim arises out of the Municipality allegedly failing to inform Sanlam about the possibility of medical boarding within six months from the last date on which the Claimant actually worked resulting in the alleged repudiation of his claim against Sanlam.
The claim arises out of a dispute surrounding the alleged determination by the engineer pursuant to clause 61 of the General Conditions of Contract, that the contractor's claim for extensions of time and re-establishment costs not be approved.
The claim arises out of the Municipality allegedly failing to inform Sanlam timeously of the Claimant's prospective or potential medical boarding resulting in the alleged repudiation of his claim against Sanlam for permanent and total disability benefits.
The claim arises out of damage to the Claimants property allegedly caused by underground water from a burst municipal water pipe.
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Umkhanyakude District, named after the famous yellow-barked fever tree, literally meaning "seen from afar", is the northernmost district in KwaZulu-Natal and contains many areas of outstanding natural beauty.
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Tuesday's release of the latest data on South Africa's gross domestic product (GDP) included estimates for the third quarter of this year, revised independent annual estimates for 2002 to 2004 and annual estimates of GDP by region up to 2004.
This release continued Statistics SA's practice of revising the quarterly estimates of GDP on an annual basis through the development of independent annual estimates of GDP within the supply and use framework.
This enables comparison of many data sources to ensure that estimates of value added and GDP are always as accurate as the existing data allow.
The availability of detailed annual and periodic data has allowed for more detailed and reliable estimates than were possible when the quarterly estimates were originally compiled.
Stats SA recently published the results of the economywide activity survey for last year and conducted periodic large sample surveys covering mining and quarrying, construction, accommodation and personal services.
In addition, the revision of basic statistics that feed into the compilation of GDP leads to the revision of the estimates for the relevant quarter and year. Basic data relating to agriculture, the government sector, financial intermediation and foreign trade were incorporated into the estimates.
Quarterly estimates of GDP are always of a preliminary nature and routinely subject to revision as more detailed annual and periodic data sets are incorporated. This is a common way of finding a balance between accuracy and timeliness, a dilemma faced by all official statistical agencies.
Publishing GDP estimates only once all the required data are available would render the estimates useless to stakeholders needing up-to-date and frequently published GDP data for planning and policy purposes. At the other extreme, publishing estimates that are hopelessly inaccurate because of the absence of appropriate data is equally futile.
Stats SA's solution - release of preliminary quarterly estimates, which are revised as and when more data become available - is a viable and sensible way of maintaining the required balance between accuracy and usefulness.
The estimates released earlier in the week show an economy growing at an seasonally adjusted and annualised rate of 4.2 percent in the third quarter of 2005, compared with the second quarter.
The main contributors to growth were manufacturing, the wholesale, retail, motor trade and hotels industries, and finance, real estate and business services. Each of these industries contributed 0.9 percentage points to growth.
The transport, storage and communication industries contributed 0.6 percentage points and the construction industry 0.3 percentage points.
The previously published annual GDP estimate for 2004 was a preliminary estimate, derived as the sum of the GDP of the four quarters of last year. Stats SA has now released revised annual and quarterly estimates of value added and GDP for 2004 as a result of the independent annual estimates.
This shows that the real growth rate for last year is 4.5 percent, revised from 3.7 percent. The main contributors to this growth were the finance, real estate and business services industries (1.4 percentage points), and the manufacturing and wholesale, retail, motor trade and hotels industries (0.8 percentage points each).
The latest data show that the economy is still dominated by the tertiary sector, which contributes 66.1 percent to the economy, with the primary sector contributing 10.1 percent and the secondary sector 23.8 percent.
The fastest-growing regional economy was that of the Western Cape (5.3 percent), followed by KwaZulu-Natal and the North West (4.9 percent).
Widespread debate over measurement of the economy preceded the release of these latest GDP estimates. Methodologically sound and routine revisions, based on the availability of additional data, have demonstrated that the South African economy is growing more rapidly than preliminary estimates suggested. This demonstrates the difference in approach between speculation and official statistics.
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In just under a week, 6 000 field workers from Statistics South Africa, using more than 1 800 vehicles, will fan out over the country and collect information on 280 000 households.
For Stats SA, and for the country as a whole, this is no ordinary statistical survey. It is the largest sample survey ever undertaken in South Africa.
The information it seeks to gather will be used not only to measure and monitor our progress as a society, but to compare our development successes and failures to those of other countries.
Field work is central to any survey. Nothing can compensate for poor quality, or inadequate information gathered in the field, and that is why preparation for and management of field work is one of the defining elements in a survey.
For the community survey, management of field work involves two distinct levels.
A central structure based at Stats SA's head office in Pretoria is made up of a group of core professionals, the majority of whom were employed on a permanent basis to develop, review and conduct the 2007 Community Survey and the 2011 Population Census.
Decentralised structures in each of the nine provinces are staffed by temporary personnel specifically recruited to conduct field work during the survey. These include provincial and district survey co-ordinators to co-ordinate the data collection exercise, district office staff to support the data collection exercise and field staff responsible for collecting the data in the field.
Extensive training of all personnel has been a priority, and more than 300 trainers have conducted courses at 74 different venues across the country.
Ten days of national training, eight days of provincial training and seven days of training personnel at district level focused on presentation and facilitation skills, the contents of the survey questionnaire, enumeration (to determine the number of or compile a list) procedures, quality assurance, map reading skills and administrative and logistical issues.
Field workers have to be prepared for the many complex situations they might face while gathering information. For example, they have to be able to distinguish between different sorts of dwellings.
Different approaches are employed for enumeration in different dwellings.
Field workers have to be able to distinguish between structures privately occupied by a household; special dwellings such as hotels/motels, hospitals/nursing homes, prisons/reformatories, old age homes, retirement villages and boarding schools; and identify the appropriate enumeration methodology for each of these cases.
A special enumeration approach had to be developed for hostels, which are characterised as single person or converted family unit accommodation, consisting of a cluster of buildings. If a hostel has separate rooms for families who cater for themselves, then these rooms are listed separately and treated as private dwelling units.
But if the rooms or dormitories are mostly for single people who eat in a common place, then they are treated as part of special dwellings for example, the beds are listed individually.
During field work, the canvassing method of enumeration will be used where the enumerator will conduct an interview with the respondent while simultaneously completing the questionnaire.
A period of three weeks has been assigned for data collection and an additional week to follow up on incidents where enumerators were not able to make contact with a household (a non-contact is defined as a situation where an enumerator has been unable to make contact after at least three visits to the dwelling on different days, at different times).
Enumerators will confront many difficult situations. For example, access to high-walled security estates and town house complexes often presents problems, as does access to farms, informal settlements and villages in deep rural areas.
But enumerators are not on their own. They will be working in more than 1 000 teams of four, which are in turned supervised by 1 187 field work supervisors. They are in turn managed by 236 co-ordinators, who are responsible to 55 district survey co-ordinators, who report to nine provincial co-ordinators.
The community survey is a massive and complex undertaking. But the highly trained field workers, sound statistical methodologies and the good field work management and supervision required to deliver quality data are in place.
Word from the "trenches" of statistical production is that the teams are eagerly anticipating the moment when they take to the field next week.
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Last week, Statistics SA's senior management presented the agency's forward work programme to parliament's finance portfolio committee.
Enhancing statistics on the life circumstances of South Africa's population.
In a busy two-week period, key data have been published relating to each of these priority areas.
On Tuesday Stats SA released estimates of economic growth for the first quarter. This showed GDP growing at an annualised rate of 4.2 percent, higher than the revised corresponding growth for last year's fourth quarter of 3.2 percent.
Contributors to the increase in economic activity for the first quarter of 2006 were the finance, real estate and business services industry; the wholesale and retail trade, hotels and restaurants industry; the manufacturing industry; the transport and communications industry; and the construction industry.
GDP measures change in economic activity for all sectors of the economy, and therefore relies on a range of datasets that each report on a different part of the economy.
Regular users of statistics will remember that the monthly indicator of the production of mining products was recently revised from the second quarter of 2005 to date. This in turn required the revision of the estimates of value added for the mining and quarrying industry and subsequently the GDP.
These sorts of revisions are not the result of methodological changes to the compilation of GDP, as erroneously reported in the media last week, but are based on continuous improvement of the basic statistics that feed estimates of GDP.
GDP data also record the performance of the economy on a sectoral basis, which can be contrasted with the overall performance of the economy to provide a different view on the drivers of the economy. A common practice is to exclude the impact of the agricultural sector on the economy, given that it can have volatile behaviour caused by nature.
This calculation shows that the seasonally adjusted real annualised value added by the non-agricultural industries increased by 4.7 percent in the first quarter of 2006. The primary sector (agriculture and mining) decreased at an annualised rate of 4.1 percent, the secondary sector (manufacturing, electricity, construction) increased by 5.5 percent and the tertiary sector (trade, transport, government, services) increased by 5.3 percent in the quarter.
Last week saw the release of the latest data on the consumer price index (CPI) and production price index. Again, some sections of the media appear to have misinterpreted Stats SA's forward work programme, reporting that an improvement in the way in which information is collected for the CPI entails major revisions to the way consumer price indices are compiled.
The introduction of new collection methodologies relates to the nature of the survey instrument being used, not to the construction of the index itself. In the new system, prices for products available for sale in certain retail stores are collected by Stats SA staff directly observing and recording these prices at the relevant store. Previously, price information was obtained through questionnaires completed by store managers or at the head offices of retail chains.
While the new method will improve the quality of information collected, the way in which the CPI is compiled, including composition of the basket of goods and services monitored, the relative importance attached to each, the processing systems and the way in which the data are reported, are unchanged.
Yesterday saw the release of the general household survey (GHS) for 2005. The GHS is an annual household survey specifically designed to measure various aspects of the living circumstances of South African households. Key findings focus on the five broad areas covered by the GHS: education, health, activities related to work and unemployment, housing and household access to services and facilities.
As one element in poverty monitoring, the survey reports that, over the past four years, the percentage of households in which an adult went hungry declined steadily, from 6.9 percent in 2002 to 4.2 percent in 2005. Last year, in 4.7 percent of households at least one child went hungry, fewer than in earlier years. It stood at 6.7 percent in 2002, 7 percent in 2003 and 5.1 percent in 2004.
The GHS also confirms a gender determinant of poverty: the percentage of female-headed households in which an adult went hungry was higher than that of male-headed households.
Information on mortality and causes of death in South Africa for 2003 and 2004, as recorded in official death notification forms, was also released yesterday. This outlines emerging trends, differentials and patterns of mortality by selected demographic and geographic characteristics, and presents statistics on the causes of death based on information from the death notification forms. The main focus is on the underlying causes of death, as this is used for public health interventions.
Data released in the past week are well aligned to Stats SA's forward work programme priorities. More importantly, they lay a basis for measuring and monitoring development targets established by the government, including achieving 6 percent GDP growth between 2010 and 2014, halving the poverty rate, and improving access to services.
Pali Lehohla is South Africa's statistician-general and head of Stats SA. For more information on Stats SA and its outputs, including reports on the general household survey and mortality and causes of death, visit www.statssa.gov.
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South Africa is a country where various sisting of the Zulu, Xhosa, Ndebele and Swazi; cultures merge to form a unique nation, the Sotho-Tswana people, who include the proud of its heritage.
The country boasts some of the world's (Tswana); the Tsonga; the Venda; Afrikaners; most breathtaking scenery and features an the English; coloureds; Indians, and those who amazing display of bird and wildlife species, have immigrated to South Africa from the which include the well-known Big Five (lion, rest of Africa, Europe and Asia and maintain leopard, elephant, buffalo and rhino). a strong cultural identity.
South Africa's biggest asset is its people; a the Khoi and the San also live in South Africa. rainbow nation with rich and diverse cultures. South Africa is often called the cradle of Languages humankind, for this is where archaeologists The South African Constitution, 1996 (Act 108 discovered 2,5-million-year-old fossils of our of 1996), states that everyone has the right to earliest ancestors, as well as 100 000-year-use the language and to participate in the old remains of modern man. cultural life of his or her choice, but no one may do so in a manner inconsistent with any The people provision of the Bill of Rights. Each person also has the right to instruction in the lan-The results of the second democratic Census guage of his or her choice where this is rea(Census 2001) were released in July 2003. sonably practicable.
On the night of 10 October 2001, there were 44 819 778 people in South Africa. Of Official languages these, 79% classified themselves as African; To cater for South Africa's diverse peoples, 9,6% as white; 8,9% as coloured; and 2,5% as the Constitution provides for 11 official lanIndian/Asian.
A total of 21 685 415 people in South isiXhosa, isiZulu, Sepedi, Sesotho, Setswana, Africa are male, and 23 662 839 female. siSwati, Tshivenda and Xitsonga.
Although South Africans come from many and advance the use of these languages.
According to Census 2001, isiZulu is the a dynamic blend of age-old customs and modern ways, building a South African mother tongue of 23,8% of the population, society to create a better life for all.
followed by isiXhosa (17,6%), Afrikaans (13,3%), Sepedi (9,4%), and English and Setswana (8,2% each).
The least spoken indigenous language in South Africa is isiNdebele, which is spoken by 1,6% of the population.
African languages. The National Language Service (NLS) will lay the basis for the South African Languages Bill. Despite the fact that some groundwork has already been done by the NLS relating to the language provisions set out in the Constitution, the NLPF calls for more radical implementation strategies.
The NLPF is a national framework which will have to be implemented by provincial and local governments. It is critical that these levels of governance align their language policies with the NLPF. They will also have to take into account regional circumstances and the needs and preferences of local communities.
South Africa has 12 public holidays: New Year's Day - 1 January Human Rights Day - 21 March Good Friday - Friday before Easter Sunday Family Day - Monday after Easter Sunday Freedom Day - 27 April Workers' Day - 1 May Youth Day - 16 June National Women's Day - 9 August Heritage Day - 24 September Day of Reconciliation - 16 December Christmas Day - 25 December Day of Goodwill - 26 December If any of these days falls on a Sunday, the following Monday becomes a public holiday.
Considering the nature and the history of the previously marginalised languages, more effort will have to be put into the development of these languages.
There is a need to identify priority areas with a view of supporting existing structures for the development of these languages. It is important to note that the implementation of the NLPF will increase the demand for translation and editing work and interpreting services, especially in the African languages.
The growing need for the services of professional language practitioners will create a demand for further training and educational resources. This will result in job opportunities for people who are linguistically skilled and will contribute to poverty alleviation in South Africa.
The Department of Arts and Culture has taken steps to promote the indigenous languages of South Africa.
One of the projects viewed critically by the Department in terms of bringing services to the people, is the Telephone Interpreting Service of South Africa (TISSA).
The NLS has also produced a multilingual AIDS Manual containing substantial terminology that should help to bridge the gap between different language communities and the primary healthcare providers who serve them.
The NLS has also focused on education-terminology projects, particularly for the natural sciences and technology, the economic and management sciences, and the human and social sciences.
The NLS is committed to preventing the country's languages, specifically the African languages, from losing their functionality and becoming redundant. The NLS regards the development of human language technologies as imperative if online dictionaries, terminology lists and other products are to be provided in all 11 official languages of South Africa, including spellcheckers for the 10 indigenous languages.
The TISSA was launched in March 2002. This is a ground-breaking project to facilitate access to public services in South Africans' languages of choice.
In this project, interpreters bridge language barriers via telephone. It is the first project of its kind in South Africa.
The TISSA is a project of the Department of Arts and Culture and is jointly funded by the Pan South African Language Board (PaNSALB).
With TISSA, the Department is on par with international standards of well-known telephone interpreting services in other multilingual countries such as Australia, the United States of America and many European countries. TISSA caters for the needs of the speakers of the 11 official languages of South Africa, thus promoting the use of indigenous languages. By April 2003, TISSA was operational in about 40 police stations countrywide.
A videophone facility for sign-language interpreting was launched in August 2002.
National and provincial governments may use any two or more official languages for the purposes of government, taking into account usage, practicality, expense, regional circumstances and the needs and preferences of the population. The Constitution states that all official languages should enjoy parity of esteem and be treated equitably.
A national Multilingualism Consultative Conference, entitled The Future of Multilingualism in South Africa: From Policy to Practice, was held in Johannesburg in June 2003.
The aim of the Conference was to discuss and consult stakeholders on whether the South African Languages Bill captures the spirit of the Constitution's provisions on language, and whether it appropriately reflects the content of the National Language Policy Framework.
with the public (information brochures, annual reports, letters, and to a lesser extent, government notices and bills). For internal communication purposes, documents are mainly created in English. Internal newsletters are often produced in more than one language.
Hansard, a verbatim record of the Parliamentary debate, contains all speeches in the language(s) in which they were delivered, followed by an English translation where necessary.
The NLPF provides for multilingual Hansard publications which, in the case of provincial legislatures, will use languages as determined by regional circumstances.
creating conditions for the development and equal use of all official languages fostering respect for and encouraging the use of other languages in the country encouraging the best use of the country's linguistic resources to enable South Africans to free themselves from all forms of linguistic discrimination, domination and division.
advising on the co-ordination of language planning in South Africa. PaNSALB may on its own initiative, or upon receipt of a written complaint, investigate the alleged violation of any language right, policy or practice. It may also summon any person, body or state organ to give evidence.
The PaNSALB Amendment Act, 1999 (Act 10 of 1999), provided the Board with a progressive shift from being a watchdog State organ to addressing the language-development needs of South Africans.
PaNSALB's explicit role is to create conditions for the development and equal use of all official languages. It must initiate, facilitate and empower agencies within both State structures and civil society to contribute towards the development of all official languages.
The Amendment Act provides for the establishment of National Lexicography Units (NLUs) for all official languages. The purpose of these Units is to compile monolingual explanatory, and other, dictionaries to satisfy the needs of the different linguistic communities.
Xitsonga: Xitsonga NLU.
The Government supports the development and preservation of languages within a bilingual or multilingual policy. In the past, the country had a bilingual policy and the Government supported two dictionary offices, namely WAT in Stellenbosch, Western Cape and DSAE in Grahamstown, Eastern Cape. With 11 official languages, 11 national dictionary offices need government support.
The NLUs are financed on a monthly basis by PaNSALB.
PaNSALB established the 11 official NLUs at tertiary institutions within the boundaries of the geolinguistic area where most of the language users of the particular language are situated. The existing official dictionary offices (WAT and DSAE) remained where they were.
National language bodies have been established for all 11 official languages.
The Khoi and San national language bodies were officially launched in October 1999 in Upington, Northern Cape, to promote and develop the Khoi and San languages. In addition, they assist PaNSALB in its endeavours to promote multilingualism as a national resource. They conduct surveys in communities where the Khoi and San languages are spoken, to record and standardise new terminology and words. They also liaise closely with other professional bodies that can help to enrich and expand the Khoi and San languages.
These advisory bodies assist PaNSALB to take meaningful decisions regarding the standardisation, orthography, terminology and literature issues of each language.
Section 11 of the PaNSALB Act, 1995 (Act 59 of 1995), requires the Board to investigate any alleged violation of any language right, policy or practice. It is imperative to conduct such an investigation in order to determine whether there is any substance to the complaint lodged. Should it be found that the complaint is valid, the next process would be mediation, conciliation or negotiation. In the event of these failing, a hearing would follow.
The Section does not require a formal investigation procedure. The initial stages of the investigation procedure are informal. PaNSALB is furthermore empowered by Section 11(5) to negotiate or mediate in language conflict and attempt conciliation. Mediation, consultation and conciliation form part of the 'jurisdictional requirements' of the Act. Section 12(2) obliges PaNSALB to report and alert Parliament to problems.
From its inception to the end of March 2003, 317 written complaints had been lodged with PaNSALB.
During the 2002/03 financial year, 83 complaints were lodged compared with 67 complaints in the previous year. Some 55,4% of complaints lodged during 2002/03 targeted government departments, particularly the Department of Labour's Compensation Commissioner. This is significantly higher than the 28% recorded during 2001/02. Some 10,8% of complaints targeted local authorities compared with 16% of complaints recorded during 2001/02.
This Bill was published to give effect to Section 185 of the Constitution and was approved by Cabinet in 2001. The Commission's main purpose will be to promote respect for the rights and interests of the various cultural, religious and linguistic communities in South Africa.
promote and develop peace, friendship, humanity, tolerance and national unity among cultural, religious and linguistic communities on the basis of equality, nondiscrimination and free association recommend the establishment or recognition of other councils for a community or communities in South Africa.
monitor, investigate, research, educate, lobby, advise and report on any issue concerning the rights of cultural, religious and linguistic communities facilitate the resolution of conflict or friction between any such community and an organ of State receive and deal with complaints and requests by cultural, religious or linguistic communities convene an annual national conference of delegates from various cultural, religious and linguistic communities in South Africa and governmental and non-governmental roleplayers.
The names of 53 short-listed candidates for the Commission were released on 31 July 2003. The candidates were interviewed in August and September 2003 with a view to selecting the final 26 names which will be submitted to the President.
Almost 80% of South Africa's population follows the Christian faith. Other major religious groups are the Hindus, Muslims and Jews. A minority of South Africa's population do not belong to any of the major religions, but regard themselves as traditionalists or of no specific religious affiliation.
Freedom of worship is guaranteed by the Constitution, and the official policy is one of non-interference in religious practices.
There are many official and unofficial ecumenical relations between the various churches.
The most important of these is perhaps the South African Council of Churches (SACC), even though it is not representative of the full spectrum of churches.
The major African indigenous churches, most of the Afrikaans churches, and the Pentecostal and charismatic churches are, as a rule, not members of the SACC, and usually have their own co-ordinating liaison bodies.
Church attendance in South Africa is favourable in both rural and urban areas, and the churches are well served by a large number of clerics and officials.
On the whole, training for the ministry is thorough and intensive, and based on a variety of models. Patterns of ministry vary greatly.
Apart from the work of the churches, a number of Christian organisations operate in South Africa, doing missionary work, giving aid and providing training. (A comprehensive register appears in the South African Christian Handbook 2003/04.
The broadcasting of religious radio and television programmes underlines the importance of religion in South Africa. Many newspapers carry a daily scriptural message, and various religious magazines and newspapers are produced.
The largest grouping of Christian churches is the AICs, and one of the most dramatic aspects of religious affiliation has been the rise of this movement.
Although these churches originally resulted from a number of breakaways from various mission churches (the so-called 'Ethiopian' churches), the AICs have developed their own dynamics and momentum and continue to flourish. The majority are no longer regarded as Ethiopian churches, but rather Zionist or Apostolic churches. The Pentecostal movement also has its independent offshoots in this group.
The Zion Christian Church is the largest of these churches in South Africa and the largest church overall. More than a million members gather twice a year at Zion City, Moria, near Polokwane in Limpopo, at Easter and for the September festival. Traditionally, Easter is the religious highlight of the year. Church members, estimated to number four million, are not obliged to make the pilgrimage, but have loyally observed the tradition for more than 80 years.
The 4 000 or more independent churches have a membership of more than 10 million, making this movement the single most important religious group in South Africa.
The independent churches attract people from rural and urban areas. There are, for example, hundreds of separate churches in rural KwaZulu-Natal and at least 900 from all ethnic groups in the urban complex of Soweto alone. In the northern KwaZulu-Natal and Mpumalanga areas, these churches serve more than half the population.
The Nederduitsch Gereformeerde (NG) family of churches in South Africa - the Dutch Reformed churches - represents some 3,5 million people. The NG Kerk is the largest of the three churches with a total of about 1 200 congregations countrywide. The other churches are the United Reformed Church of South Africa and the smaller Reformed Church in Africa, with predominantly Indian members. The Nederduitsch Hervormde Kerk and the Gereformeerde Kerk are regarded as sister churches. There are several other churches with Afrikaans-speaking adherents, some with very large memberships. The NG Kerk also has six fully fledged Englishlanguage congregations, one congregation for Dutch-speaking people and four for Portuguese-speaking people. In total, there are about 2 000 members in each of these congregations.
In recent years, the Roman Catholic Church has grown strongly in number and influence, even though South Africa is predominantly Protestant. It works closely with other churches on the socio-political front.
Other established churches in South Africa include the Methodist Church, the Church of the Province of Southern Africa (Anglican Church), various Lutheran and Presbyterian churches and the Congregational Church.
Although the different Baptist groups are not large, they represent a strong church tradition. Together these churches form the nucleus of the SACC.
The largest traditional Pentecostal churches are the Apostolic Faith Mission, the Assemblies of God and the Full Gospel Church, but there are numerous others. Many of them enjoy fellowship in groups such as the Church Alliance of South Africa, and operate in all communities.
A number of charismatic churches have been established in recent years, such as His People Christian Church. The sister churches of the charismatic churches, together with those of the Hatfield Christian Church in Pretoria, are grouped under the International Fellowship of Christian Churches.
Also active in South Africa, among the smaller groups, are the Greek Orthodox and Seventh Day Adventist churches.
Because the traditional religion of the African people has a strong cultural base, the various groups have different rituals, but there are certain common features.
A Supreme Being is generally recognised, but ancestors are of far greater importance, being the deceased elders of the group. They are regarded as part of the community, indispensable links with the spirit world and the powers that control everyday affairs. These ancestors are not gods, but because they play a key part in bringing about either good or ill fortune, maintaining good relations with them is vital and they have to be appeased regularly by a variety of ritual offerings.
While an intimate knowledge of herbs and other therapeutic techniques, as well as the use of supernatural powers, can be applied to the benefit of the individual and the community, some practitioners are masters of black magic, creating fear among people. As a result of close contact with Christianity, many people find themselves in a transitional phase somewhere between traditional African religion and Christianity.
Most Indians retained their Hindu religion when they originally came to South Africa. Today, some two-thirds of South Africa's Indians are Hindus.
The Muslim community in South Africa is small, but growing strongly. The major components of this community are the Cape Malays, who are mainly descendants of Indonesian slaves, as well as 20% of people of Indian descent.
The Jewish population is less than 100 000. Of these, the majority are Orthodox Jews.
Buddhism is barely organised in South Africa. The number of Parsees has decreased, while there is a small group of Jains in Durban. The Baha'i faith is establishing groups and temples in various parts of the country.
The Republic of South Africa occupies the southernmost part of the African continent, stretching latitudinally from 22° to 35° S and longitudinally from 17° to 33° E.
Its surface area is 1 219 090 km2. It has common boundaries with the republics of Namibia, Botswana and Zimbabwe, while the Republic of Mozambique and the Kingdom of Swaziland lie to the north-east. Completely enclosed by South African territory in the south-east is the mountain Kingdom of Lesotho.
To the west, south and east, South Africa borders on the Atlantic and Indian oceans. Isolated, 1 920 km south-east of Cape Town in the Atlantic, lie Prince Edward and Marion islands, annexed by South Africa in 1947.
South Africa is surrounded by the ocean on three sides - to the west, south and east - and has a long coastline of about 3 000 km. This coastline is swept by two major ocean currents - the warm south-flowing Mozambique-Agulhas Current and the cold Benguela. The former skirts the east and south coasts as far as Cape Agulhas, while the Benguela Current flows northwards along the west coast as far as southern Angola.
The contrast in temperature between these two currents partly accounts for important differences in climate and vegetation between the east and west coasts of South Africa. It also accounts for the differences in marine life. The cold waters of the west coast are much richer in oxygen, nitrates, phosphates and plankton than those of the east coast. Consequently, the South African fishing industry is centred on the west coast.
The coastline itself is an even, closed one with few bays or indentations naturally suitable for harbours. The only ideal natural harbour along the coastline is Saldanha Bay on the west coast. However, the area lacks fresh water and offers no natural lines of penetration to the interior.
Most river-mouths are unsuitable as harbours because large sandbars block entry for most of the year. These bars are formed by the action of waves and currents, and by the intermittent flow, heavy sediment load and steep gradients of most South African rivers. Only the largest rivers, such as the Orange and Limpopo, maintain narrow permanent channels through the bars. For these reasons, the country has no navigable rivers.
The surface area of South Africa falls into two major physiographic categories: the interior plateau, and the land between the plateau and the coast. Forming the boundary between these two areas is the Great Escarpment, the most prominent and continuous relief feature of the country. Its height above sea level varies from approximately 1 500 m in the doleritecapped Roggeveld scarp in the south-west, to a height of 3 482 m in the KwaZulu-Natal Drakensberg.
Inland from the Escarpment lies the interior plateau, which is the southern continuation of the great African plateau stretching north to the Sahara Desert.
The plateau itself is characterised by wide plains with an average height of 1 200 m above sea level.
Surmounting the plateau in places are a number of well-defined upland blocks. The dissected Lesotho plateau, which is more than 3 000 m above sea level, is the most prominent. In general, the Escarpment forms the highest parts of the plateau.
Between the Great Escarpment and the coast lies an area which varies in width from 80 to 240 km in the east and south, to a mere 60 to 80 km in the west. At least three major subdivisions can be recognised: the eastern plateau slopes, the Cape folded belt and adjacent regions, and the western plateau slopes.
The subtropical location, on either side of 30Ë S, accounts for the warm temperate conditions so typical of South Africa, making it a popular destination for foreign tourists.
The country also falls squarely within the subtropical belt of high pressure, making it dry, with an abundance of sunshine.
The wide expanses of ocean on three sides of South Africa have a moderating influence on its climate. More apparent, however, are the effects of the warm Agulhas and the cold Benguela Currents along the east and west coasts respectively. While Durban (east coast) and Port Nolloth (west coast) lie more or less on the same latitude, there is a difference of at least 6Ë C in their mean annual temperatures.
Gale-force winds are frequent on the coasts, especially in the south-western and southern coastal areas.
South Africa has an average annual rainfall of 464 mm, compared with a world average of 860 mm. About 20% of the country has a total annual rainfall of less than 200 mm, 48% between 200 and 600 mm, while only about 30% records more than 600 mm. In total, 65% of the country has an annual rainfall of less than 500 mm - usually regarded as the absolute minimum for successful dry-land farming.
In Cape Town, the capital city of the Western Cape, the average rainfall is highest in the winter months, while in the capital cities of the other eight provinces, the average rainfall is highest during summer.
South Africa's rainfall is unreliable and unpredictable. Large fluctuations in the average annual rainfall are the rule rather than the exception in most areas of the country. Belowaverage annual rainfall is more commonly recorded than above-average total annual rainfall. South Africa is periodically afflicted by drastic and prolonged droughts, which often end in severe floods.
Temperature conditions in South Africa are characterised by three main features. Firstly, temperatures tend to be lower than in other regions at similar latitudes, for example, Australia. This is due primarily to the greater elevation of the subcontinent above sea level.
Secondly, despite a latitudinal span of 13 degrees, average annual temperatures are remarkably uniform throughout the country. Owing to the increase in the height of the plateau towards the north-east, there is hardly any increase in temperature from south to north as might be expected.
The third feature is the striking contrast between temperatures on the east and west coasts.
Temperatures above 32° C are fairly common in summer, and frequently exceed 38° C in the lower Orange River valley and the Mpumalanga Lowveld.
Frost often occurs on the interior plateau during cold, clear winter nights, with ice forming on still pools and in water pipes. The frost season is longest (from April to October) over the eastern and southern plateau areas bordering on the Escarpment. Frost decreases to the north, while the coast is virtually frost-free. Average annual relative humidity readings show that, in general, the air is driest over the western interior and the plateau. Along the coast, the humidity is much higher and at times may rise to 85%. Low stratus clouds and fog frequently occur over the cool west coast, particularly during summer. The only other area that commonly experiences fog is the 'mist belt' along the eastern foothills of the Escarpment.
South Africa is famous for its sunshine. Generally speaking, April and May are the most pleasant months when the rainy season over the summer-rainfall region has ended, and before the rainy season in the winter-rainfall area has begun. At this time of year, the hot summer weather has abated and the winds are lighter than during the rest of the year.
In certain areas, however, notably the hot, humid KwaZulu-Natal coast, Mpumalanga and Limpopo, June and July are the ideal holiday months.
In terms of the Constitution of South Africa, the country is divided into nine provinces, each with its own Legislature, Premier and executive councils. The provinces with their own distinctive landscapes, vegetation and climate, are the Western Cape, the Eastern Cape, KwaZulu-Natal, the Northern Cape, Free State, North West, Gauteng, Mpumalanga and Limpopo. (See Chapter 21: Tourism.
The Western Cape is situated on the southwestern tip of the African continent. It is a region of majestic mountains, well-watered valleys, wide, sandy beaches and breathtaking scenery.
The cold Atlantic Ocean along the west coast is a rich fishing area, while the warmer Indian Ocean skirts the province's southern beaches.
Visitors to the Western Cape can disembark at Cape Town International Airport or at the Port of Cape Town in the shadow of Table Mountain. A network of roads also leads to Cape Town, the capital, also known as the Mother City.
Other important towns in the province include Vredenburg-Saldanha, an important harbour for iron exports and the fishing industry; Worcester and Stellenbosch in the heart of the winelands; George, renowned for indigenous timber and vegetable produce; Oudtshoorn, known for its ostrich products and the worldfamous Cango Caves, and Beaufort West on the dry, sheep-farming plains of the Great Karoo.
The Western Cape boasts one of the six accepted floral kingdoms of the world.
Although the smallest of them all, the Western Cape floral kingdom, locally called fynbos, contains more plant species than the whole of Europe. These include the famous proteas and heathers.
The Knysna-Tsitsikamma region has the country's biggest indigenous forests. This is a fairyland of ancient forest giants, ferns and colourful birdlife. Products of the forests include sought-after furniture made from the indigenous yellowwood, stinkwood and white pear.
The tourism sector is perceived as the most important growth force in the Western Cape.
More than 4,5 million people live in the Western Cape on 129 370 km2 of land. The majority of them are Afrikaans-speaking, while the other main languages are isiXhosa and English. The Western Cape has the highest adult-education level in the country, with only 5,7% of people aged 20 years or older having undergone no schooling (Census 2001). The province has a strong network of highereducation institutions.
The official unemployment figure for the province, 12,1%, is the lowest in the country according to the Labour Force Survey 2001.
The Western Cape is rich in agriculture and fisheries.
Primary industries, i.e. agriculture, forestry and fishing, and mining and quarrying contributed 5,4% to the Gross Domestic Product (GDP) of the province in 2001, which translates to R7 287 million (Census 2001).
The agricultural sector plays a key role as an agent of growth, accounting for more than 9% of provincial employment, more than 55% of all South African agricultural exports, and 23% of the national agricultural contribution to GDP.
The sheltered valleys between the mountains provide ideal conditions for the cultivation of top-grade fruits, such as apples, table grapes, olives, peaches and oranges. In the eastern part of the Western Cape region, a great variety of vegetables is cultivated.
The province can be divided into three climatic regions. The area around the Cape Peninsula and the Boland, further inland, is a winter-rainfall region with sunny, dry summers.
Towards George, along the south coast, the climate gradually changes to year-round rainfall, while inland, towards the more arid Great Karoo, the climate changes to summer rainfall.
The Western Cape is known as one of the world's finest grape-growing regions. Many of its wines have received the highest accolades at international shows.
The Klein Karoo region around Oudtshoorn, besides being famous for its Cango Caves, is the centre of the ostrich-farming industry in South Africa. Fine leatherware, ostrich feathers and meat are exported to destinations all over the world. The Swartland district around Malmesbury and the Overberg around Caledon form the bread basket of the country.
The inland Karoo region around Beaufort West, and the Bredasdorp district produce wool and mutton, as well as pedigree merino breeding stock.
Other animal products include broiler chickens, eggs, dairy products, beef and pork. Racehorse-breeding is another important industry.
The west coast of the province is washed by the cold Benguela Current. The plankton-rich Current is considered to be one of the world's richest fishing grounds. This resource is protected against overfishing by foreign vessels, by means of a 200 km commercial-fishing zone and a strict quota system.
The province is well-known for the wide variety of seafood offered at restaurants along the scenic coastline. Snoek, Cape lobster, abalone, calamari, octopus, oysters and mussels are among the most sought-after piscatorial delights.
The Western Cape is the only province with the status of being free of African horsesickness. This means that the province is the only offset point for the export of horses, which brought the country millions of Rands in foreign revenue.
The province has also established itself as the leading facilitator in the export of ostrich meat to Europe, and boasts the most export abattoirs in the country from which products to the value of about R1 billion are exported.
The provincial Department of Agriculture's ostrich-breeding herd at Oudtshoorn is the only one in the world for which production data for several generations of ostriches can be connected to their pedigrees.
The White Paper on Preparing the Western Cape for the Knowledge Economy of the 21st Century was accepted by Parliament in 2001.
The province maintains economic growth rates slightly higher than national averages, resulting in its share of the national economy growing to about 14%. At the same time, unemployment rates have been significantly below the national average, despite significant immigration.
The finance, real estate and business services are the biggest money-makers for the province, contributing some 26,6% to the province's GDP (Census 2001). During 2001, this translated to R36 211 mlllion.
An exciting development for the province and South Africa is the emergence of the first information communications technology cluster.
The head offices of all but one of South Africa's petroleum companies are located in Cape Town.
The city also houses the head offices of many of South Africa's insurance giants and national retail chains. With over 170 000 people employed in the clothing and textile industry, it is the single most significant industrial source of employment in the Western Cape.
The biggest segment of South Africa's printing and publishing industry is also situated in Cape Town.
While Epping, Parow, Retreat and Montagu Gardens have been the core industrial areas in the past, new developments are arising in the Saldanha-Vredenburg area as a spin-off from the vast Saldanha Steel project.
The West Coast Investment Initiative, which forms part of the Government's Spatial Development Initiative (SDI) programme, was launched on 25 February 1998.
The Western Cape's natural beauty, complemented by a history of hospitality, excellent wine and colourful cuisine, truly makes the province one of the world's greatest tourist attractions.
The tourism industry in the Western Cape contributes 13,0% to the total GDP of the province (Census 2001).
Besides the upgrading of traditional sites like Cape Point and the National Botanical Gardens at Kirstenbosch, there have been a number of other significant improvements.
Robben Island is successfully run as a museum and heritage site, with ferry boats taking visitors to and from the Nelson Mandela Gateway at the Victoria and Alfred Waterfront.
Table Mountain's cableway has been revamped. The carts now revolve while travelling up and down the Mountain, providing visitors with 360 degrees of breathtaking views.
The District Six and Bo-Kaap Museums continue to host new and exciting material on these two historical residential areas.
The Cape Town International Convention Centre was opened by President Thabo Mbeki on 28 June 2003. This world-class facility boasts 10 000 m2 of exhibition- and trade-show space and two auditoriums with seating for 1 500 and 620 people respectively, as well as spacious and deluxe banqueting and function rooms of varying sizes, including a magnificent 2 000 m2 ballroom with majestic views.
A study conducted by the University of Cape Town's Graduate School of Business, projects that the Convention Centre will create about 47 000 new jobs and bring in about R25 billion to the province over a period of 10 years.
The Eastern Cape, a land of undulating hills, endless, sweeping sandy beaches, majestic mountain ranges and emerald green forests, is in surface area the second largest of the nine provinces.
The region boasts a remarkable natural diversity, ranging from the dry, desolate Great Karoo to the lush forests of the Wild Coast and the Keiskamma Valley, the fertile Langkloof, renowned for its rich apple harvests, and the mountainous southern Drakensberg region at Elliot.
The main feature of the Eastern Cape is its astonishing coastline lapped by the Indian Ocean. With its long stretches of undisturbed sandy beaches, rocky coves, secluded lagoons and towering cliffs, the coastline provides the province with a rich natural tourist attraction.
The graceful curve of Algoa Bay provides an ideal setting for the Port of Port Elizabeth while there are also good harbour facilities at East London. The province is serviced by three airports situated in Port Elizabeth, East London and Umtata.
The architecture of many of the cities and towns reflects the rich heritage of the people. The capital is Bisho. Other important towns in the province include Uitenhage, which has important motor vehicle-manufacturing and related industries; King William's Town, rich in early settler and military history; Grahamstown, also known as the City of Saints because of its more than 40 churches; Graaff-Reinet, with its interesting collection of historic buildings; Cradock, the hub of the Central Karoo; Stutterheim, the forestry centre of the province; Aliwal North, famous for its hot sulphur springs; and Port St Johns, the largest town on the Wild Coast.
In the Eastern Cape, various floral habitats meet. Along the coast, the northern tropical forests intermingle with the more temperate woods of the south. This makes for an interesting forest habitat of various species endemic to this region.
Age-old forests occur at Keiskammahoek, Dwesa, Port St Johns and Bathurst; dune forests are found at Alexandria; and mangroves along the Wild Coast.
Rolling grasslands dominate the eastern interior of the province, while the western central plateau is savanna bushveld. The northern inland is home to the aromatic, succulent Karoo.
The Eastern Cape has 6 436 763 people living on about 169 600 km2 of land.
The language most spoken is isiXhosa, followed by Afrikaans and English.
The province has a number of tertiary institutions. Despite the high quality of education facilities, 22,8% of the population aged 20 years or older have never received any schooling, and 6,3% have completed some form of higher education (Census 2001).
In 2001, the unemployment rate of the province stood at 14,8% (Labour Force Survey 2001).
The Eastern Cape has excellent agricultural and forestry potential. The fertile Langkloof Valley in the south-west has enormous deciduous fruit orchards, while the Karoo interior is an important sheep-farming area. Angora wool is also produced here.
The Alexandria-Grahamstown area produces pineapples, chicory and dairy products, while coffee and tea are cultivated at Magwa. People in the former Transkei region are dependent on cattle, maize and sorghum-farming. An olive nursery has been developed in conjunction with the University of Fort Hare to form a nucleus of olive production in the Eastern Cape.
Extensive exotic forestry plantations in the high rainfall areas of Keiskammahoek provide employment for large numbers of the population. The province is a summer-rainfall region with high rainfall along the coast, becoming gradually drier behind the mountain ranges into the Great Karoo.
The basis of the province's fishing industry is squid, some recreational and commercial fishing for line fish, some collection of marine resources, and access to line-catches of hake.
Ostrich exports are doing very well. The provincial Department of Africulture has been hailed for the support it is giving this industry. Each ostrich-export establishment has a resident official veterinarian, which is a requirement for exporting ostrich products to the European Union. This industry earns the province some R94,4 million per year in foreign revenues.
The game industry is enjoying unprecedented demand in the international market. The health-conscious consumer is increasingly demanding lean organic game meat. The gross foreign earnings from this industry amount to R23,5 million.
The metropolitan economies of Port Elizabeth and East London are based primarily on manufacturing, the most important being motor manufacturing. The province is the hub of South Africa's automotive industry.
With two harbours and three airports offering direct flights to the main centres, and an excellent road and rail infrastructure, the province has been earmarked as a key area for growth and economic development.
To facilitate integrated planning, sensitive to the environment, the province is implementing a consultative process involving community participation. It includes the Fish River SDI, the Wild Coast SDI and two Industrial Development Zones (IDZs), namely the West Bank (East London) and the Coega IDZs. The latter, 20 km east of the Port Elizabeth-Uitenhage metropoles, was the first IDZ to be earmarked and is one of the biggest initiatives ever undertaken in South Africa. Plans for the development of the area as an exportorientated zone include the building of a deepwater port.
The IDZs at Coega (Ngqura) and East London, and the West Coast SDI, continue to be the province's economic flagships.
The final commitment by the French investment and industrial company Pechiney was to invest R18,6 billion in an aluminium smelter at Coega. The R40-million contract for building the IDZ village was awarded largely to emerging small, medium and micro enterprises, and includes female contractors.
The East London IDZ has been awarded an operator's licence.
The forestry developments and the construction of the N1 toll road as part of the Wild Coast SDI is expected to create more than 20 000 jobs. An additional 5 000 jobs are expected to be created in the mining sector through upstream and downstream investment.
Aptly called South Africa's garden province, this verdant region forms the east coast of South Africa, stretching from Port Edward in the south, northwards to the Mozambique boundary. It is a province with a subtropical coastline, sweeping savanna in the east, and the magnificent Drakensberg mountain range in the west. The warm Indian Ocean washing its beaches makes it one of the country's most popular holiday destinations.
Visitors to KwaZulu-Natal can either disembark at Durban International Airport or the Durban Harbour, or make use of the extensive national road network.
Durban is one of the fastest-growing urban areas in the world. Its port is the busiest in South Africa and is one of the 10 largest in the world.
KwaZulu-Natal is the only province with a monarchy specifically provided for in its Constitution.
Pietermaritzburg and Ulundi are joint capitals of the province.
Other important towns include Richards Bay, an important coal-export harbour, and many coastal holiday resorts, such as Port Shepstone, Umhlanga Rocks and Margate. In the interior, Newcastle is well-known for steel production and coal-mining, Estcourt for meat processing, and Ladysmith and Richmond for mixed agriculture. The KwaZulu-Natal coastal belt yields sugar cane, wood, oranges, bananas, mangoes and other tropical fruit.
Some of South Africa's best-protected indigenous coastal forests are found along the subtropical coastline of KwaZulu-Natal, for example, at Dukuduku and Kosi Bay. It is also along this coast that the magnificent St Lucia Estuary and Kosi Bay lakes are located. In 1999, the Greater St Lucia Wetlands Park was declared a World Heritage Site.
Separating KwaZulu-Natal from the mountain Kingdom of Lesotho, the Drakensberg runs 200 km along the western boundary of the province.
The northern part of the province, south of the Swaziland border, is typical African savanna, providing a natural backdrop for its rich wildlife, protected in several game parks.
KwaZulu-Natal has 9 426 017 people living on 92 100 km2 of land. The principal language spoken is isiZulu, followed by English and Afrikaans.
together with Zulu, Indian and Afrikaans traditions make for an interesting cultural mix in the province.
The province counts several universities, technikons and various other educational institutions among its assets.
A total of 21,9% of the population of the province aged 20 and above have received no form of education (Census 2001).
KwaZulu-Natal has a relatively poorly skilled labour force. The economy therefore experiences a shortage of skilled human resources.
KwaZulu-Natal was the second highest contributor to the South African economy during 2001, at 15,5% (Census 2001) of GDP.
However, the province recorded the second highest unemployment rate in the country at 17,7%. (Labour Force Survey 2001).
The Port of Durban handles the greatest volume of sea-going traffic in southern Africa.
As this Port plays such a crucial role in the South African economy, it will be the first concession for a container terminal in the country.
Heavy minerals are mined at Richards Bay. In recent times, the province has undergone rapid industrialisation owing to its abundant water supply and labour resources. Industries are found at Newcastle, Ladysmith, Dundee, Richards Bay, Durban, Hammarsdale, Richmond, Pietermaritzburg and Mandeni.
The sugar-cane plantations along the Indian Ocean coastal belt form the mainstay of the economy and agriculture of the region. The coastal belt is also a large producer of subtropical fruit, while the farmers in the hinterland concentrate on vegetable, dairy and stock-farming. Another major source of income is forestry, in the areas around Vryheid, Eshowe, Richmond, Harding and Ngome. Ngome also has tea plantations.
The summer-rainfall coastal regions of this province are hot and humid with a subtropical climate. The KwaZulu-Natal Midlands between the coastal strip and the southern Drakensberg Escarpment are drier, with extremely cold conditions in winter and snow on the high-lying ground. In the north, the subtropical strip extends further around the Kingdom of Swaziland, to the edge of the Escarpment.
For the past three years, the provincial Department of Agriculture and Environmental Affairs has been gearing itself to launch a programme of Unlocking Agricultural Potential, often termed the Green Revolution, which aims at virtually quadrupling the overall provincial agricultural production over the next 20 years. The Green Revolution has three main elements. The first is the intensification of agricultural production. To this end, the Department has made a start with a R10-million Mechanisation Programme, which will for the first time put tractors and modern farm machinery within reach of previously disadvantaged farmers. The second is land reform, where the Department has already settled new farmers on 30 000 hectares (ha) of former State land. The last is the Xoshindlala (chase away hunger) Programme, a food-security programme that has more than a 1 000 small food-production projects running in various parts in the province.
The Department has managed to win the full support of national government for the early relocation of the Durban International Airport to La Mercy. The Department has further strengthened the Dube Trade Port project, incorporating the King Shaka International Airport, thus making it an economic and logistics hub that will be the first of its kind in Africa. The province has committed R50 million per annum over five years to this project.
Since 2001, local business has invested over R15 billion in new investment in the province. Exports are on the increase in key economic sectors with good prospects for even greater achievements through the Toyota expansion and growth in aluminium production and the textile sector.
The Northern Cape lies to the south of its most important asset, the mighty Orange River, which provides the basis for a healthy agricultural industry. The landscape is characterised by vast arid plains with outcroppings of haphazard rock piles. The cold Atlantic Ocean forms the western boundary.
This region covers the largest area of all the provinces and has the smallest population. Its major airports are situated at Kimberley, the capital, and Upington. The Northern Cape is serviced by an excellent road network, which makes its interior easily accessible from South Africa's major cities, harbours and airports.
Important towns are Upington, centre of the karakul sheep and dried-fruit industries, and the most northerly wine-making region of South Africa; Springbok, in the heart of the Namaqualand spring-flower country; Kuruman, founded by the missionary Moffat; De Aar, hub of the South African railway network; Sutherland, the coldest town in the country; and the sheep-farming towns of Carnarvon, Colesberg, Kenhardt and Prieska.
Apart from a narrow strip of winter-rainfall area along the coast, the Northern Cape is a semi-arid region with little rainfall in summer. The weather conditions are extreme - cold and frosty in winter, with extremely high temperatures in summer.
The largest part of the province falls within the Nama-Karoo biome, with a vegetation of low shrubland and grass, and trees limited to water courses. The area is known worldwide for its spectacular display of spring flowers which, for a short period every year, attracts thousands of tourists.
This biome is home to many wonderful plant species, such as the elephant's trunk (halfmens), tree aloe (kokerboom) and a variety of succulents.
The province has several national parks and conservation areas. The Kalahari Gemsbok National Park, together with the Gemsbok National Park in Botswana, is Africa's first transfrontier game park, known as the Kgalagadi Transfrontier Park. It is one of the largest nature-conservation areas in southern Africa and one of the largest remaining protected natural ecosystems in the world. The Park provides unfenced access to a variety of game between South Africa and Botswana and has a surface area of more than two million ha.
The Ai-Ais-Richtersveld Transfrontier Conservation Park spans some of the most spectacular scenery of the arid and desert environments in southern Africa. Bisected by the Orange River, which forms the border between South Africa and Namibia, it comprises the Ai-Ais Hot Springs Game Park in Namibia and the Richtersveld National Park in South Africa. Some of the distinctive features in the area include the Fish River Canyon (often likened to the Grand Canyon in the United States of America) and the Ai-Ais Hot springs. This arid zone is further characterised by a unique and impressive variety of succulent plant species.
Nowhere is the Orange River more impressive than at the Augrabies Falls, which ranks among the world's greatest cataracts on a major river. The Augrabies Falls National Park was established to preserve this natural wonder.
The Northern Cape is sparsely populated and houses some 822 727 people on 361 830 km2 of land. About 68% of the people speak Afrikaans. Other languages spoken are Setswana, isiXhosa and English.
The official unemployment rate of the Northern Cape is 14,4% (Labour Force Survey).
The last remaining true San (Bushman) people live in the Kalahari area of the Northern Cape. The whole area, especially along the Orange and Vaal Rivers, is rich in San rock engravings. A good collection can be seen at the McGregor Museum in Kimberley. The province is also rich in fossils.
The Northern Cape is an important contributor to South Africa's primary production and has considerable potential for the beneficiation of these primary commodities.
However, the province only contributed 2,0% to the economy of South Africa in 2001, making it the smallest contributor among all the nine provinces (Census 2001).
The province is displaying a tremendous growth in value-added activities, including game farming.
Food production and processing for the local and export market is growing significantly.
Underpinning the growth and development plan of the province are the investment projects that link up with the existing plans of the Namaqua Development Corridor. The focus is on the beneficiation and export of sea products.
The economy of a large part of the Northern Cape, the interior Karoo, depends on sheepfarming, while the karakul-pelt industry is one of the most important in the Gordonia district of Upington.
The province has fertile agricultural land. In the Orange River Valley, especially at Upington, Kakamas and Keimoes, grapes and fruit are intensively cultivated.
Some 14 million crates of table grapes were produced in 2001/02, mainly for the export market. In line with grape production being higher than expected, raisins also showed a significant increase with the South African Dried Fruit Co-op paying out more than R200 million to some 200 producers.
Wheat, fruit, peanuts, maize and cotton are produced at the Vaalharts Irrigation Scheme near Warrenton.
The Northern Cape is rich in minerals. The country's chief diamond pipes are found in the Kimberley district. In 1888, the diamond industry was formally established with the creation of De Beers Consolidated Mines. Alluvial diamonds are also extracted from the beaches and sea between Alexander Bay and Port Nolloth.
The Sishen Mine near Kathu is the biggest source of iron ore in South Africa, and the copper mine at Okiep is one of the oldest mines in the country. Copper is also mined at Springbok and Aggenys. The province is also rich in asbestos, manganese, fluorspar, semiprecious stones and marble.
Until recently, the majority of small-to medium-scale alluvial operations were concentrated along or near the current Vaal River system. With the rapidly depleting deposits available for mining, there has been a gradual shift towards the Orange River system, with Trans-Hex holding 50% of concessions issued along the Orange River. Two recent larger scale investments also show continued prospects in this sector.
The Free State lies in the heart of South Africa, with the Kingdom of Lesotho nestling in the hollow of its bean-like shape. Between the Vaal River in the north and the Orange River in the south, this immense rolling prairie stretches as far as the eye can see.
The capital, Bloemfontein, has a wellestablished institutional, educational and administrative infrastructure and houses the Supreme Court of Appeal. The province has a well-known university and many other training institutions.
Important towns include Welkom, the heart of the goldfields and one of the few completely pre-planned cities in the world; Odendaalsrus, another gold-mining town; Sasolburg, which owes its existence to the petrol-from-coal installation established there; Kroonstad, an important agricultural, administrative and educational centre; Parys, on the banks of the Vaal River; Phuthaditjhaba, well-known for the beautiful handcrafted items produced by the local people, and Bethlehem, gateway to the Eastern Highlands of the Free State.
The national road, which is the artery between Gauteng and the Western and Eastern Cape, passes through the middle of the Free State.
The Free State is the third-largest province in South Africa.
It houses some 2 766 775 people on about 129 480 km2 of land. The main languages spoken are Sesotho and Afrikaans. Some 16% of people aged 20 years or older have received no schooling (Census 2001). The official unemployment rate according to the Labour Force Survey of September 2001 is 17,6%.
Many of the towns display a cultural mix clearly evident in street names, public buildings, monuments and museums. Dressedsandstone buildings abound on the Eastern Highlands, while beautifully decorated Sotho houses dot the grasslands. Some of South Africa's most valued San rock art is found in the Free State. The districts of Bethlehem, Ficksburg, Ladybrand and Wepener have remarkable collections of this art form.
This summer-rainfall region can be extremely cold during the winter months, especially towards the eastern mountainous regions where temperatures can drop as low as 9,5 ËC.
The western and southern areas are semidesert.
Known as the 'granary of the country', the Free State has cultivated land covering 3,2 million ha, while natural veld and grazing cover 8,7 million ha.
Field crops yield almost two-thirds of the gross agricultural income of the province. Animal products contribute a further 30%, with the balance coming from horticulture.
Ninety per cent of the country's cherry crop is produced in the Ficksburg district, while the two largest asparagus canning factories are also situated in this district. Soya, sorghum, sunflowers and wheat are cultivated, especially in the eastern Free State, where farmers specialise in seed production. About 40% of the country's potato yield comes from the high-lying areas of the Free State.
The mining industry is the biggest employer in the Free State. Investment opportunities are substantial in productivity-improvement areas for mining and related products and services.
South Africa is the world's largest producer of gold. A gold reef of over 400 km long, known as the Goldfields, stretches across Gauteng and the Free State, the largest gold-mining complex being Free State Consolidated Goldfields with a mining area of 32 918 ha.
Some 82% of the region's mineral production value is derived from this activity, primarily in the Goldfields region, which comprises the districts of Odendaalsrus, Virginia and Welkom. Roughly 30% of South Africa's gold is obtained from this region, and the province qualifies for fifth position as a global producer.
The Harmony Gold Refinery, situated in Virginia, is allowed to sell one-third of its total annual gold production to jewellery manufacturers, and has the facilities to ensure that the correct quality is maintained at all times. Harmony Gold Refinery and Rand Refinery are the only two gold refineries in South Africa.
Gold mines in the Free State also supply a substantial portion of the total silver produced in the country, while considerable concentrations of uranium occurring in the gold-bearing conglomerates of the goldfields are extracted as a by-product.
Bituminous coal is mined in the province and converted to petrochemicals at Sasolburg.
Diamonds from this region, extracted from kimberlite pipes and fissures, are of a high quality.
The largest deposit of bentonite in the country occurs in the Koppies district.
The Free State, best known for its maize production has, in the last decade, reduced its dependency on the primary sector and become a manufacturing economy.
In 2001, the manufacturing industry contributed 13,2% to the total value added at basic prices.
Some 14% of the province's manufacturing is classified as being in high-technology industries, which is the highest percentage of all the provincial economies.
This growth in high-tech industries is significant in the context of the changing contribution of the gold-mining industry to Gross Geographic Product (GGP).
The province's three-tier development strategy centres on competitiveness, empowerment, capacity-building and beneficiation.
Manufacturing is the second-largest sector in the regional economy. Among the most important activities are the chemical products manufactured by Sasol and the further beneficiation of agricultural products. A wide variety of industries have developed around the production of basic chemicals from coal.
North West is centrally located in the subcontinent with direct road and rail links to all of the southern African countries, and its own airport. The province borders on Botswana and is fringed by the Kalahari desert in the west and the Witwatersrand area in the east.
The province is divided into five regions, namely the Central, Bophirima (towards the west), Southern, Rustenburg and Eastern Regions.
Most economic activity is concentrated in the Southern Region (between Potchefstroom and Klerksdorp), Rustenburg, and the Eastern Region, where more than 83,3% of GGP of the province is produced.
The Klerksdorp and Rustenburg Regions together produce about 67% of the province's GGP while covering 33% of the surface area. Forty-eight per cent of the province's population reside here.
Of the 3 669 349 people in the North West, 65% live in the rural areas. In spite of its small population, it is estimated that 9% of all the poor people in the country live in the North West. The poverty rate is estimated at 57%. As far as educational attainment and skills availability are concerned, the North West lags behind the South African average.
The province has the lowest number of people aged 20 years and older (5,9%) who have received higher education. The literacy rate is in the region of 57%. As part of the Department of Education's proposed plans for higher education, the existing four higher learning institutions will be merged to form two.
During 2003, as part of the Year of Further Education and Training project, three mega institutions, Taletso, ORBIT and Vuselela, were established to provide technical and vocational training to the youth. These institutions have been incorporated into many of the former education and technical colleges and manpower centres.
Although the 'platinum province' is the thirdslowest contributor to South Africa's GDP, it is the dominant province in mineral sales.
Mining contributes 33,2% to the economy and 17,8% of total employment in the North West. Diamonds are mined at Lichtenburg, Koster, Christiana and Bloemhof, while Orkney and Klerksdorp have gold mines.
Between February 2002 and February 2003, additional investments in the mining industry created more than 3 000 jobs, at an investment value of more than R4 billion.
The area surrounding Rustenburg and Brits boasts the largest single platinum-production area in the world. Marble is also mined here. Fluorspar is exploited at Zeerust.
Manufacturing is almost exclusively dependent on the performance of a few sectors in which the province enjoys a competitive advantage. These are fabricated metals, food, and non-metallic metals.
According to figures from Statistics South Africa and Global Insight, it is estimated that North West's manufacturing sector grew by 1,7% in 2002.
Much of this growth was driven by the manufacturing sector's links with agriculture and mining.
Industrial activity is centred around the towns of Brits, Klerksdorp, Vryburg and Rustenburg.
The Brits industries concentrate mostly on manufacturing and construction, while those at Klerksdorp are geared towards the mining industry, and those at Vryburg and Rustenburg towards agriculture.
The Platinum SDI can unlock further development. It is situated on the Coast-to-Coast highway that links the Port of Maputo in Mozambique to Walvis Bay in Namibia.
Approximately 200 potential project opportunities in tourism, manufacturing, agriculture and mining have been identified.
As a result of the Platinum SDI, more than R3 billion was injected into the South African economy. During its construction phase, the project created some 3 000 direct and 12 000 indirect and induced jobs.
By 2003, progress had been made regarding the Mafikeng IDZ around the Mafikeng Airport. The aim of the IDZ is to create jobs and enhance the economic potential of the Central Region, the entire North West and the Southern African Development Community Region.
Efforts are under way to secure international status for the Mafikeng Airport.
By February 2003, the province had completed a holistic North West Economic Development and Industrial Strategy which forms part of the wider North West 2012 Development Plan.
Agriculture is of extreme importance to the North West. It contributes about 13% of the total GGP and 19% to formal employment.
The province is an important food basket in South Africa. Maize and sunflowers are the most important crops; the North West is the biggest producer of white maize in the country.
Some of the largest cattle herds in the world are found at Stellaland near Vryburg, which explains why this area is often referred to as the 'Texas of South Africa'. Marico is also cattlecountry. The areas around Rustenburg and Brits are fertile, mixed-crop farming land.
Twenty-eight different types of projects of new household food-security projects were implemented throughout the North West during 2002. Participants in these projects included 1 500 women and 700 youths.
The provincial Department of Agriculture has also developed a comprehensive veterinary programme for evaluating and improving dairy facilities for export purposes.
Although the smallest of the nine provinces, Gauteng (Sotho word for the place of gold) is the powerhouse of South Africa and the heart of its commercial business and industrial sectors.
In 2001, the largest contribution to South Africa's economy was made by Gauteng, at 33,9% (Census 2001).
Gauteng was also recorded as having the highest unemployment rate (19,9%).
The three most important sectors contributing to GGP are financial and business services, logistics and communications, and mining.
The growth and development plans for the province are underpinned by the Blue IQ projects.
These consist of 11 different mega projects in economic infrastructure development, in the areas of technology, tourism, transport and high-value-added manufacturing.
The aim is to attract some R100 billion in direct investment over the next 10 years. In excess of R2 billion has already been allocated by the Gauteng Provincial Government to facilitate these investment projects.
Gauteng's main cities are Johannesburg, the largest city in southern Africa, and Pretoria, the administrative capital of the country.
The province blends cultures and colours and first- and third-world traditions into a spirited mix that is flavoured by many foreign influences.
Gauteng's primary attraction is business opportunity, but there is more to this province. There is a wealth of culture to be found in the museums, galleries, art routes and historical battlefields.
Most overseas visitors enter South Africa via Johannesburg International Airport.
Johannesburg, nicknamed Egoli (place of gold), is the capital of the province and is a city of contrasts. Mine-dumps and headgear stand proud as symbols of its rich past, while modern architecture rubs shoulders with examples of 19th-century engineering prowess. Gleaming skyscrapers contrast with Indian bazaars and African muti (medicine) shops, where traditional healers dispense advice and traditional medicine.
The busy streets ring out with the calls of fruit-sellers and street vendors. An exciting blend of ethnic and western art and cultural activities is reflected in theatres and open-air arenas throughout the city.
The 284 m-long Nelson Mandela Bridge, built in honour of the former President, was officially opened in July 2003.
The Bridge, which cost the Gauteng Government R85 million, forms part of the R300 million Blue IQ inner-city renewal project driven by the Provincial Government and the City of Johannesburg.
under the apartheid system. Most of the struggle against apartheid was fought in and from Soweto. Soweto is estimated to be inhabited by over two million people, their homes ranging from extravagant mansions to make-shift shacks. Soweto is a city of enterprise and cultural interaction. It is a popular tourist destination with sites such as Kliptown, where the Freedom Charter was drawn up, the home of former President Nelson Mandela, the Hector Petersen Memorial site, restaurants and shopping malls. It boasts one of the largest hospitals on the continent, the Chris Hani-Baragwanath Hospital.
Some 50 km north of Johannesburg lies Pretoria.
As administrative capital of South Africa, the city is dominated by government services and the diplomatic corps of foreign representatives in South Africa.
Pretoria is renowned for its colourful gardens, shrubs and trees, particularly beautiful in spring when some 50 000 jacarandas envelop the avenues in mauve. The city developed at a more sedate pace than Johannesburg, and town planners had the foresight to include an abundance of open spaces. Pretoria has more than 100 parks, including bird sanctuaries and nature reserves.
An air of history pervades much of central Pretoria, especially Church Square, around which the city has grown. Many buildings of historical and architectural importance have been retained or restored to their former splendour.
North of Pretoria is the industrial area of Rosslyn and the township of Soshanguve. To the east is Cullinan, known for its diamonds.
Other important Gauteng towns include Krugersdorp and Roodepoort on the West Rand, and Germiston, Springs, Boksburg, Benoni, Brakpan and Kempton Park on the East Rand. The hominid sites at Swartkrans, Sterkfontein and Kromdraai (also known as the Cradle of Humankind) are a World Heritage Site.
Vanderbijlpark and Vereeniging in the south of the province are major industrial centres, while Heidelberg, Nigel and Bronkhorstspruit to the east are important agricultural areas.
Although the province is highly urbanised and industrialised, it contains wetlands of international importance, such as Blesbokspruit near Springs.
Gauteng is the most densely populated province in South Africa. It houses almost nine million of the country's people. The level of urbanisation is 97%.
Gauteng has the most important educational and health centres in the country. Pretoria boasts the largest residential university in South Africa, the University of Pretoria, and what is believed to be the largest correspondence university in the world, the University of South Africa (UNISA).
Another attribute of Pretoria is the number of scientific institutes in and around the city, for example the Council for Scientific and Industrial Research, Onderstepoort Veterinary Institute and the South African Bureau of Standards.
According to the 2001 Census findings, only 8,4% of adults in the province have received no schooling.
Johannesburg has two residential universities.
technical colleges and technikons in the province. Many of the existing technikons, satellite university campuses and universities will merge, as part of the Department of Education's plan for higher education.
More than 60% of South Africa's research and development takes place in Gauteng.
The manufacturing sector in Gauteng has over 9 300 firms, employing more than 600 000 people. Industries that have contributed significantly to this output are basic iron and steel; fabricated and metal products; food; machinery, electrical machinery, appliances and electrical supplies; vehicle parts and accessories; and chemical products.
The economy of the province is being realigned to move away from traditional heavy industry markets and low value-added production towards sophisticated high valueadded production, particularly in information technology, telecommunications and other high-tech industries. The burgeoning 'hightech' corridor in Midrand (halfway between Pretoria and Johannesburg) is the most rapidly developing area in the country.
Gauteng's agricultural sector is geared to provide the cities and towns of the province with daily fresh produce, including dairy products, vegetables, fruit, meat, eggs and flowers.
A large area of the province falls within the so-called maize triangle. The districts of Bronkhorstspruit, Cullinan and Heidelberg hold important agricultural land, where ground-nuts, sunflowers, cotton and sorghum are produced.
This summer-rainfall area has hot summers and cold winters with frost. Hail is common during the summer thunderstorms.
Gauteng is an integrated industrial complex with major areas of economic activity in five subregional areas, namely the Vaal Triangle; the East, West and Central Rand; and Pretoria. The Vaal Triangle has a strong manufacturing sector; the West Rand concentrates on primary mining; and the Central Witwatersrand is dominated by the manufacturing and finance sectors, with mining-capital playing a major role. All sectors rely heavily on the Vaal Dam (on the Vaal River), from where water is piped across the province.
Gauteng has a greater proportion of its labour force in professional, technical, managerial and executive positions than any other province.
Johannesburg houses the JSE Securities Exchange, the largest in Africa.
The province's economic magnetism draws a large inflow of migrant labour from poorer regions in the country. It is the province with the highest per-capita income.
Mpumalanga means 'place where the sun rises'. It is bordered by Mozambique and Swaziland in the east, and Gauteng in the west. It is situated mainly on the high plateau grasslands of the Middleveld, which roll eastwards for hundreds of kilometres. In the northeast, it rises towards mountain peaks and then terminates in an immense escarpment. In some places, this escarpment plunges hundreds of metres down to the low-lying area known as the Lowveld.
The area has a network of excellent roads and railway connections, making it highly accessible. Because of its popularity as a tourist destination, Mpumalanga is also served by a number of small airports.
The Cabinet approved the designation of Kruger Mpumalanga Airport as an international airport in April 2003. This entailed the transfer of the status of Nelspruit International Airport to the Kruger Mpumalanga Airport, with the former downgraded to 'national airport' status.
Nelspruit is the capital of the province and the administrative and business centre of the Lowveld. Witbank is the centre of the local coalmining industry; Standerton, in the south, is renowned for its large dairy industry; Piet Retief in the south-east is a production area for tropical fruit and sugar, while a large sugar industry is also found at Malelane in the east; Ermelo is the district in South Africa that produces the most wool; Barberton is one of the oldest goldmining towns in South Africa; and Sabie is situated in the forestry heartland of the country.
The Maputo Corridor, which links the province with Gauteng and Maputo in Mozambique, heralds a new era in terms of economic development and growth for the region.
As the first international toll road in Africa, the Corridor aims to attract investment, unlock local economic potential of the landlocked parts of the country and thus generate sustainable economic growth that will lead to sustainable high-quality jobs.
The best-performing sectors in the province include mining, manufacturing and services. Tourism and agroprocessing are potential growth sectors in this province.
The province falls mainly within the grassland biome. The Escarpment and the Lowveld form a transitional zone between this grassland area and the savanna biome. Long sweeps of undulating grasslands abruptly change to the thickly forested ravines and thundering waterfalls of the Escarpment, only to change again to present the subtropical wildlife splendour of the Lowveld.
Sabie and Graskop provide a large part of the country's total requirement for forestry products. These forestry plantations are an ideal backdrop for ecotourism opportunities, with a variety of popular hiking trails, a myriad waterfalls, patches of indigenous forest, and a variety of nature reserves.
Lake Chrissie is the largest natural freshwater lake in South Africa, and is famous for its variety of aquatic birds, especially flamingos.
Even though it is one of the smaller provinces (some 79 490 km2 in surface area), Mpumalanga has a population of more than three million people.
According to the 2001 Census results, some 27,5% of those aged 20 years or older have not undergone any schooling, while the population growth rate is higher than the national average. The main languages spoken are siSwati, isiZulu and isiNdebele.
Mpumalanga's unemployment rate stood at 16,5% in September 2001 (Labour Force Survey 2001).
This is a summer-rainfall area divided by the Escarpment into the Highveld region with cold frosty winters and the Lowveld region with mild winters and a subtropical climate.
The Escarpment area sometimes experiences snow on high ground. Thick mist is common during the hot humid summers.
An abundance of citrus fruit and many other subtropical fruits - mangoes, avocados, litchis, bananas, pawpaws, granadillas, guavas - as well as nuts and a variety of vegetables are produced here.
Nelspruit is the second-largest citrusproducing area in South Africa. It is responsible for one-third of the country's export in oranges. The Institute for Tropical and Subtropical Crops is situated here.
The natural forests of the area could not supply enough timber for the burgeoning mining industry in the early days of gold-mining. Plantations of exotic trees, mainly pine, gum and Australian wattles, were established to supply wood for the mine props. These trees grew so well that the Sabie area became the biggest single region of forestry plantations in South Africa.
Groblersdal is an important irrigation area which yields a wide variety of products such as citrus fruit, cotton, tobacco, wheat and vegetables.
Carolina-Bethal-Ermelo is sheep area. Potatoes, sunflower seeds, maize and peanuts are also produced in this region.
Mpumalanga is very rich in coal reserves. The country's biggest power stations, three of which are the biggest in the southern hemisphere, are situated here. Unfortunately, these cause the highest levels of air pollution in the country. Secunda, where the country's second petroleum-from-coal installation is situated, is also located in this province.
One of the country's largest paper mills is situated at Ngodwana, close to its timber source. Middelburg produces steel and vanadium, while Witbank is the biggest coal producer in Africa.
Limpopo lies within the great elbow of the Limpopo River and is a province of dramatic contrasts - from true Bushveld country to majestic mountains, primeval indigenous forests, latter-day plantations, unspoilt wilderness areas and a patchwork of farming land.
Limpopo has a strong rural basis. Its growth strategy centres on addressing infrastructure backlogs, the alleviation of poverty and social development.
Underpinning the growth and development strategies in the province are the Phalaborwa SDI and the N1 Corridor, which encompasses agroprocessing and mining-beneficiation activities.
Regional economic integration takes the form of the 'Golden Horse Shoe', which aims to create a single reserve that will arch from the Kruger National Park in the east to Botswana in the west. The culturally and historically significant Mapungubwe site will be included in this development initiative.
Limpopo is the gateway to the rest of Africa. It is favourably situated for economic co-operation with other parts of southern Africa as it shares borders with Botswana, Zimbabwe and Mozambique.
The highest average real-economic-growth rate recorded in South Africa between 1995 and 2001 was that of Limpopo, with an average growth rate of 3,8% (Census 2001).
Polokwane is the capital city and lies strategically in the centre of the province.
The Great North Road through the centre of the province strings together a series of interesting towns. Bela-Bela, with its popular mineral spa, is near the southern border of the province.
Further north lies Modimolle with its tablegrape industry and beautiful Waterberg range; Mokopane; Polokwane; Makhado (until recently known as Louis Trichardt) at the foot of the Soutpansberg mountain range; and Musina, with its thick-set baobab trees.
The crossing into Zimbabwe is at Beit Bridge, where the South African section of this important route north into Africa ends.
Other important Limpopo towns include the major mining centres of Phalaborwa and Thabazimbi, and Tzaneen, producer of tea, forestry products and tropical fruits.
The Maputo Corridor will link the province directly with Maputo Port, creating development and trade opportunities, particularly in the south-eastern part of the province.
This province is in the savanna biome, an area of mixed grassland and trees, which is generally known as Bushveld. A trip through this summer-rainfall area soon convinces one that this is tree country.
The biggest section of the Kruger National Park is situated along the eastern boundary of Limpopo with Mozambique.
In Limpopo, 5 273 642 million people live on about 123 910 km2 of land. The main languages spoken are Sepedi, Xitsonga and, Tshivenda.
According to the Census 2001 results, more than a third of those in Limpopo aged 20 years and above have not received any form of eduation or schooling.
The official unemployment rate for Limpopo stood at 15,5% in September 2001 (Labour Force Survey 2001).
Several museums and national monuments bear testimony to ancient peoples and fearless pioneers who braved the unknown in days of yore. Living museums include the Bakone Malapa Museum near Polokwane, where Bapedi tribesmen practise age-old skills for the benefit of visitors, and the Tsonga Open-Air Museum near Tzaneen. Mapungubwe (place of the jackal) Hill, some 75 km from Musina, used to be a natural fortress for its inhabitants from about AD 950 to 1200.
Valuable archaeological discoveries, including many golden artefacts, have been made in this area, as well as in the northern part of the Kruger National Park.
The Bushveld is cattle country. Controlled hunting is often combined with ranching.
Sunflowers, cotton, maize and peanuts are cultivated in the Bela-Bela-Modimolle area. Modimolle is also known for its table-grape crops.
Tropical fruit, such as bananas, litchis, pineapples, mangoes and pawpaws, as well as a variety of nuts, are grown in the Tzaneen and Makhado areas. Extensive tea and coffee plantations create many employment opportunities in the Tzaneen area.
Zebediela, one of the largest citrus estates in the country, is situated south of Polokwane.
The largest tomato farm in South Africa lies between Tzaneen and Makhado.
Extensive forestry plantations are found in the Makhado and Tzaneen districts. Plantations of hard woods for furniture manufacturing have also been established.
Many of the rural people practise subsistence farming.
The northern and eastern parts of this summer-rainfall region are subtropical with hot, humid summers and mist in the mountainous parts. Winter throughout the province is mild and mostly frost-free.
Limpopo is rich in minerals, including copper, asbestos, coal, iron ore, platinum, chrome, diamonds, phosphates and gold.
The province is a typical developing area, exporting primary products and importing manufactured goods and services. It has a high potential and capacity with the right kind of economic development, and is an attractive location for investors. Resources such as tourism, rain-fed agriculture, minerals and an abundant labour force available in the province offer excellent investment opportunities.
Original text by Theuns and Heila van Rensburg Eastern Cape Provincial Government Free State Provincial Government Gauteng Provincial Government KwaZulu-Natal Provincial Government Limpopo Provincial Government Mpumalanga Provincial Government Northern Cape Provincial Government North West Provincial Government Pan South African Language Board Statistics South Africa Western Cape Provincial Government www.gov.
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Bowes, B. and Pennington, S., eds. South Africa: The Good News. Johannesburg: Good News, 2002. Includes authors such as Kader Asmal, Cheryl Carolus, Tom Lodge, Trevor Manuel, Cyril Ramaphosa and Frederick van Zyl Slabbert.
Deacon, H.H. and Deacon, J. Human Beginnings in South Africa. Uncovering the Secrets of the Stone Age. Cape Town: David Philip, 1999.
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De Gruchy, J.W. The Church Struggle in South Africa. Cape Town: David Philip, 1992.
De Klerk, W. Afrikaners, Kroes, Kras, Kordaat. Cape Town: Human and Rousseau, 1999.
Du Toit, Z.B. Die Nuwe Toekoms: 'n Perspektief op die Afrikaner by die Eeuwisseling. Pretoria: JP van der Walt, 1999.
Elphick, R. and Davenport R., eds. Christianity in South Africa:A Political, Social and Cultural History. Cape Town: David Philip, 1997.
Erasmus, Z. Coloured by History, Shaped by Place: New Perspectives on Coloured Identity in Cape Town. Cape Town: Kwela Books, 2001.
Fodor's South Africa: The Complete Guide to the Cities, Winelands and Game Parks, with Zimbabwe and Botswana. 2nd new edition. Compiler:A. Barbour. New York: Fodor's Travel Publications,1998.
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Illustrated Guide to the Game Parks and Nature Reserves of Southern Africa. 3rd ed. Cape Town: Reader's Digest Association, 1997.
James, W., Caliquire D. and Cullinan., K., eds. Now That We Are Free: Coloured Communities in Democratic South Africa. Cape Town: Institute for Democracy in South Africa, 1996.
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Source: Mpumalanga Provincial Government (http://www.mpumalanga.gov.
Pretoria - South Africa, India and Brazil have agreed to jointly develop a satellite and forge closer cooperation on global issues like UN reforms, climate change and world trade talks.
Zuma said the decision to develop the satellite jointly was symbolic of the fact that the forum has entered a new phase.
"But we are yet to fully explore the full potential of this forum," he said.
Zuma said the three countries also needed more coordination on climate change to ensure legally binding agreement on the issue in the next summit in Mexico next year.
India's Singh said this has been a very useful round of discussions for IBSA, reaching agreement on several important global issues.
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Releasing an average of one publication each working day, collecting information from 280 000 households in South Africa's largest sample survey, and preparing for the first labour force survey of 2007 should be enough of a challenge for any organisation.
Yet Statistics SA, South Africa's official statistics agency, undertook this in the month of February at the same time as maintaining its regular monthly collection of output and price data for sectors as diverse as manufacturing, mining, wholesale and retail trade, electricity, construction and motor trade sales.
On Tuesday the agency released the latest gross domestic product (GDP) data for the fourth quarter of 2006, as well as estimates for the year as a whole. This showed that the seasonally adjusted real GDP at market prices for the fourth quarter increased by an annualised rate of 5.6 percent from the third quarter.
For 2006 as a whole, real GDP increased by 5 percent year on year, after a 5.1 percent increase in 2005.
The main contributors to the increase in economic activity for the fourth quarter were manufacturing (1.4 percentage points); finance, real estate and business services (1.4 percentage points); wholesale and retail trade, hotels and restaurants (0.8 percentage points); and transport, storage and communication (0.5 percentage points).
Agriculture, forestry and fishing reflected negative growth in this quarter, and reduced the growth figure by 0.2 percentage points, while the electricity, gas and water industry did not contribute anything to economic growth in this quarter.
The impact on growth is influenced by each industry's relative size.
Finance, real estate and business services - 19.
Manufacturing - 16.
Wholesale and retail trade, hotels and restaurants - 14.
General government services - 12.7 percent.
At the other end of the scale, agriculture, forestry and fishing accounted for just 2.1 percent of GDP, so the impact of its 8.4 percent decline in the fourth quarter was limited because of the industry's relatively small size.
Conversely, the industry that grew the most last year was construction, with 13.3 percent growth from 2005 to 2006. However, this contributed just 0.4 percentage points to total economic growth of 5 percent for the year.
This apparent anomaly is explained by the relatively small size of the construction industry as a percentage of the total economy (2.8 percent for the year as a whole, and 3 percent in the fourth quarter).
In terms of value-added growth for the fourth quarter of 2006, the primary sector (mainly agriculture and mining) contributed just 1.1 percent, compared with 8.4 percent by the secondary sector and 5.3 percent by the tertiary sector.
Looking back over time, the latest GDP data show that real annual growth in all industries excluding agriculture for 2006 was 5.4 percent, the highest since 1980 when it was 6 percent. In addition, total quarterly growth of 5.6 percent represented the 33rd consecutive increase in South Africa's GDP.
Last week Stats SA also reported that the year-on-year increase in the headline consumer price index (CPI) in January was 6 percent. The annual change in CPIX, the monetary policy inflation target measure, which excludes mortgage rates, was 5.3 percent in January.
In the same week, it was reported that the annual increase in the producer price index (PPI) was 9.8 percent in January 2007. This was 0.5 percentage points higher than the corresponding annual rate of 9.3 percent at December 2006.
The engine room of official statistics, which drives the whole statistical cycle from collection of information to publication of data, can never stop - not for routine maintenance, not for a vacation.
As these latest key economic indicators were reported, Stats SA was collecting and processing the data for the next round of monthly price reports (the CPI and PPI for February), while its national accounts component was already analysing and integrating preliminary data for estimation of GDP during the first two months of 2007.
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TOTAL SECTION B: 40 4.1 Study the web page of African Home (www.africanhome.co.za) below and answer the questions that follow.
You are interested in 'trendy recycled crafts'. Identify the option on the website you will click on to find more information.
Responsible tourism is a tourism management strategy that includes planning, product development and marketing to bring about positive economic, social, cultural and environmental impacts.
Using the triple bottom-line approach and examples from the website, illustrate how African Home is positively practising the principles of responsible tourism.
African Home is committed to fair-trade principles.
Give ONE reason why it is so important for African Home to create a partnership with the crafters.
Discuss TWO ways in which African Home is encouraging and promoting cultural tourism by advertising the arts and crafts of the various cultures.
Identify TWO elements of the marketing mix that African Home uses in their advertisement.
Identify the cultural group that has produced these items of jewellery.
Give ONE example of green energy.
State TWO NEGATIVE consequences of global warming on the tourism industry.
[4] TOTAL SECTION C: 40 6.1 Study the World Time Zone map below and answer the questions that follow.
Give ONE reason why the sun sets later in Cape Town than in other parts of South Africa.
The flight to London left OR Tambo Airport in Johannesburg (+2) at 20:00 on 31 May 2010. Calculate the date and the time the flight arrived at Heathrow Airport, London (0°), if the flying time was 12 hours. In your calculations, note that London is practising daylight saving time during this period.
6.2 The health and safety of tourists are important factors for the success of the tourism industry. Study the pictures below and answer the questions that follow.
The award ceremony comes after a number of audits have been conducted in all registered abattoirs in Gauteng. Veterinary officials in determining compliance with meet safety regulations in line with the Meat Safety Act of 2000.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=18426&tid=33447 Size: 1KB Collection: speeches_cm?
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=15292&tid=25876 Size: 13KB Speaker: N Mayathula-Khoza Collection: speeches_cm?
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The Mafikeng Local Municipality, hereby invites suitably qualified contractors with 2CE CIDB grading to submit quotations for the repair and construction of Stormwater Channel on First Street (Mafikeng Industrial Site).
The Mafikeng Local Municipality follows a policy of affirmative procurement. Quotations will be evaluated in terms of the 80/20 preference point system as prescribed in the Preferential Procurement Policy Framework Act (no. 5 of 2000).
Copy of details on ownership of the business/company (i.e. CK1/2 or cc certificate or official joint venture certificate) as well as I.D. copies of directors.
Copy of Service account (municipal information) for directors and business or Tribal Authority Letter as proof of residence.
No bids will be considered if they are not fully compliant, i.e.; specification not complied with, MBD forms not completed as well as necessary attachments submitted.
No late/faxed/emailed bids/proposals will be considered.
Failure to comply with these conditions may invalidate your offer.
For any technical enquiries please contact Mr P Kembo on (018) 389 0380/383/384 during office hours.
Council is not bound to accept the lowest bid.
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This brings a total to 22 human cases of Rift Valley fever, with one in Northern Cape.>Most of these cases reported direct contact with Rift Valley fever infected livestock and or linked to farms with confirmed animal cases of Rift Valley fever. There is no routine vaccine available for humans.>An ongoing outbreak of Rift Valley fever affecting sheep, goats and cattle on farms is also spreading within the Free State, Eastern Cape and Northern Cape provinces.
0.7741 parameters/features/functions as detailed in general technical specification of the manufacturer; ' The supply and delivery cost shall be stated (including commissioning/training cost if any); ' Where a maintenance contract is essential for the operation of the system this should be stated important and the product must carry a warranty of at least 12 months. ' Cabling to be included in the quote as well.
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the regulations made in terms of section 92.
The Human Rights Commission must, if necessary, update and publish the guide at intervals of not more than two years.
The guide must be made available as prescribed. [Date of commencement of s. 10: 15 February 2002.
access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
A request contemplated in subsection (1) includes a request for access to a record containing personal information about the requester.
the information officer's belief as to what the requester's reasons are for requesting access.
a judicial officer of such court or Special Tribunal; [S. 12 substituted by s. 25 of Act 42 of 2001 and by s. 21 of Act 55 of 2003.
Justice Act, 2000 (Act 3 of 2000), regarding the nomination, selection or appointment of a judicial officer or any other person by the Judicial Service Commission in terms of any law.
[S. 13 amended by s. 26 of Act 42 of 2001.
[Para. (b) amended by s. 27 of Act 42 of 2001.
such other information as may be prescribed.
A public body must, if necessary, update and publish its manual referred to in subsection (1) at intervals of not more than one year.
Each manual must be made available as prescribed.
[Date of commencement of s. 14: 15 February 2002.
The only fee payable (if any) for access to a record included in a notice in terms of subsection (2) is a prescribed fee for reproduction.
The Director-General of the national department responsible for government communications and information services must at that department's cost ensure the publication of the postal and street address, phone and fax number and, if available, electronic mail address of the information officer of every public body in every telephone directory issued for general use by the public as are prescribed.
For the purposes of this Act, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.
In deciding whether to delegate a power or duty in terms of subsection (3), the information officer must give due consideration to the need to render the public body as accessible as reasonably possible for requesters of its records.
Any power or duty delegated in terms of subsection (3) must be exercised or performed subject to such conditions as the person who made the delegation considers necessary.
may at any time be withdrawn or amended in writing by that person.
An individual who because of illiteracy or a disability is unable to make a request for access to a record of a public body in accordance with subsection (1), may make that request orally.
if the request is made on behalf of a person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the information officer.
given the requester a reasonable opportunity to confirm the request or alter it to comply with section 18 (1).
transfer the request to the information officer of the other public body or, if there is in the case of paragraph (c) more than one other public body having a commercial interest, the other public body with the greatest commercial interest; and if the public body of the information officer to whom the request is made is in possession of the record and considers it helpful to do so to enable the information officer of the other public body to deal with the request, send the record or a copy of the record to that information officer.
Subject to subsection (4), the information officer to whom a request for access is transferred, must give priority to that request in relation to other requests as if it were received by him or her on the date it was received by the information officer who transferred the request.
If a request for access is transferred, any period referred to in section 25 (1) must be computed from the date the request is received by the information officer to whom the request is transferred.
The information officer of a public body to whom a request for access is made, must by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing the request.
If- would, in the opinion of the information officer of the body, require more than the hours prescribed for this purpose for requesters, the information officer must by notice require the requester, other than a personal requester, to pay as a deposit the prescribed portion (being not more than one third) of the access fee which would be payable if the request is granted.
exempt any person or record or category of persons or records for a stipulated period from any fee referred to in subsection (6); and determine that where the cost of collecting any fee referred to in this section exceeds the amount charged, such fee does not apply.
does not exist, the information officer of a public body must, by way of affidavit or affirmation, notify the requester that it is not possible to give access to that record.
For the purposes of this Act, the notice in terms of subsection (1) is to be regarded as a decision to refuse a request for access to the record.
If, after notice is given in terms of subsection (1), the record in question is found, the requester concerned must be given access to the record unless access is refused on a ground for refusal contemplated in Chapter 4 of this Part.
has been prepared for submission to any legislature or a particular person but is yet to be submitted, the information officer may defer giving access to the record for a reasonable period.
that the requester may lodge an internal appeal or an application with a court, as the case may be, against the access fee to be paid or the form of access granted, and the procedure (including the period) for lodging the internal appeal or application, as the case may be.
notify the requester of the decision and, if the requester stated, as contemplated in section 18 (2) (e) , that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible.
The notice in terms of subsection (2) must state adequate reasons for the extension, including the provisions of this Act relied upon; and that the requester may lodge an internal appeal or an application with a court, as the case may be, against the extension, and the procedure (including the period) for lodging the internal appeal or application, as the case may be.
If a requester has requested access in a particular form and for a reason referred to in subsection (3) access in that form is refused but access is given in another form, the fee charged may not exceed what would have been charged if that requester had been given access in the form requested.
If a requester with a disability is prevented by that disability from reading, viewing or listening to the record concerned in the form in which it is held by the public body concerned, the information officer of the body must, if that requester so requests, take reasonable steps to make the record available in a form in which it is capable of being read, viewed or heard by the requester.
If a record is made available in accordance with subsection (5), the requester may not be required to pay an access fee which is more than the fee which he or she would have been required to pay but for the disability.
If the supply to a requester of a copy of a record is required by this section, the copy must, if so requested, be supplied by posting it to him or her.
Before access to the record is so given to the requester, the person responsible for such counselling or arrangements must be given access to the record.
the number of applications to a court which were lodged on the ground that an internal appeal was regarded as having been dismissed in terms of section 77 (7); and such other matters as may be prescribed.
[Para. (h) renumbered by s. 30 of Act 42 of 2001.
the name of the individual on a record prepared by the individual in the course of employment.
Subject to subsection (2), the information officer of the South African Revenue Service, referred to in section 2 (3), must refuse a request for access to a record of that Service if it contains information which was obtained or is held by that Service for the purposes of enforcing legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act, 1997 (Act 34 of 1997).
A record may not be refused in terms of subsection (1) insofar as it consists of information about the requester or the person on whose behalf the request is made.
to prejudice that third party in commercial competition.
[Para. (c) substituted by s. 32 of Act 42 of 2001.
A record may not be refused in terms of subsection (1) (b) (iii) (dd) insofar as it consists of information about the general conditions of detention of persons in custody.
If a request for access to a record of a public body must or may be refused in terms of subsection (1) (a) or (b) , or could, if it existed, be so refused, and the disclosure of the existence or non-existence of the record would be likely to cause the harm contemplated in subsection (1) (a) or (b) , the information officer concerned may refuse to confirm or deny the existence or non-existence of the record.
[Sub-para. (iii) substituted by s. 33 of Act 42 of 2001.
state that the requester concerned may lodge an internal appeal or an application with a court, as the case may be, against the refusal as required by section 25 (3).
The information officer of a public body must refuse a request for access to a record of the body if the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege.
If a request for access to a record of a public body may be refused in terms of subsection (1), or could, if it existed, be so refused, and the disclosure of the existence or non-existence of the record would be likely to cause the harm contemplated in subsection (1), the information officer concerned may refuse to confirm or deny the existence or non-existence of the record.
[Para. (a) substituted by s. 34 of Act 42 of 2001.
government borrowing; or the regulation of prices of goods or services, rents or wages, salaries or other incomes; or international trade agreement.
is a computer program, as defined in section 1 (1) of the Copyright Act, 1978 (Act 98 of 1978), owned by the State or a public body, except insofar as it is required to give access to a record to which access is granted in terms of this Act.
the subject matter of the research, to serious disadvantage.
the disclosure of the record could, by premature disclosure of a policy or contemplated policy, reasonably be expected to frustrate the success of that policy.
[Sub-s. (4) substituted by s. 36 of Act 42 of 2001.
If a third party is not informed orally of a request for access in terms of subsection (1), the information officer must give a written notice stating the matters referred to in subsection (3) to the third party.
make written or oral representations to the information officer concerned why the request should be refused; or give written consent for the disclosure of the record to the requester concerned.
granted, notify the requester in accordance with section 25 (2); or refused, notify the requester in accordance with section 25 (3).
that the third party may lodge an internal appeal or an application, as the case may be, against the decision within 30 days after notice is given, and the procedure for lodging the internal appeal or application, as the case may be; and that the requester will be given access to the record after the expiry of the applicable period contemplated in paragraph (b) , unless such internal appeal or application with a court is lodged within that period.
unless an internal appeal or an application with a court, as the case may be, is lodged against the decision within that period.
In addition to the requirements referred to in subsection (1), when a public body, referred to in paragraph (a) or (b) (i) of the definition of 'public body' in section 1, requests access to a record of a private body for the exercise or protection of any rights, other than its rights, it must be acting in the public interest.
A request contemplated in subsection (1) includes a request for access to a record containing personal information about the requester or the person on whose behalf the request is made.
[Date of commencement of s. 51: 15 February 2002.
[Sub-para. (ii) substituted by s. 38 (a) of Act 42 of 2001.
update any description so published.
The only fee payable (if any) for access to a record included in a notice in terms of subsection (2) is a prescribed fee for reproduction. [Sub-s. (3) substituted by s. 38 (b) of Act 42 of 2001.
The head of a private body may delete any part of a record contemplated in subsection (1) (a) which, on a request for access, may or must be refused in terms of Chapter 4 of this Part.
Section 50 and any other provisions in this Act related to that section do not apply to any category of records included in a notice in terms of subsection (2).
The head of a private body to whom a request for access is made must by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing the request.
if the request is made on behalf of a person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the head.
would, in the opinion of the head of the private body concerned, require more than the hours prescribed for this purpose for requesters, the head must by notice require the requester, other than a personal requester, to pay as a deposit the prescribed portion (being not more than one third) of the access fee which would be payable if the request is granted.
that the requester may lodge an application with a court against the tender or payment of the request fee in terms of subsection (1), or the tender or payment of a deposit in terms of subsection (2), as the case may be; and the procedure (including the period) for lodging the application.
The head of a private body may withhold a record until the requester concerned has paid the applicable fees (if any).
A requester whose request for access to a record of a private body has been granted must pay an access fee for reproduction and for search and preparation contemplated in subsection (7) (a) and (b) , respectively, for any time reasonably required in excess of the prescribed hours to search for and prepare (including making any arrangements contemplated in section 29 (2) (a) and (b) (i) and (ii) (aa)) the record for disclosure.
the head of a private body must, by way of affidavit or affirmation, notify the requester that it is not possible to give access to that record.
[Sub-s. (1) amended by s. 39 (a) of Act 42 of 2001.
more than one of the circumstances contemplated in paragraphs (a) , is received, notify the requester of that extension, the period of the extension and the reasons for the extension.
any such information must, despite any other provision of this Act, be disclosed.
the other part of the record is refused, subsection. [Sub-s. (2) substituted by s. 40 of Act 42 of 2001.
[Sub-s. (1) substituted by s. 41 of Act 42 of 2001.
the results of any product or environmental testing or other investigation supplied by a third party or the results of any such testing or investigation carried out by or on behalf of a third party and its disclosure would reveal a serious public safety or environmental risk.
[Para. (b) substituted by s. 42 of Act 42 of 2001.
The head of a private body must refuse a request for access to a record of the body if its disclosure would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement.
(aa) , (bb) or (cc).
a substantial contravention of, or failure to comply with, the law; or the public interest in the disclosure of the record clearly outweighs the harm contemplated in the provision in question.
make written or oral representations to the head why the request for access should be refused; or give written consent for the disclosure of the record to the requester.
If a third party is informed orally of a request for access in terms of subsection (1), the head must give a written notice stating the matters referred to in subsection (3) to the third party.
by the fastest means reasonably possible.
give written consent for the disclosure of the record to the requester concerned.
[Sub-s. (1) substituted by s. 44 of Act 42 of 2001.
A third party may lodge an internal appeal against a decision of the information officer of a public body referred to in paragraph (a) of the definition of 'public body' in section 1 to grant a request for access.
must specify a postal address or fax number.
If an internal appeal is lodged after the expiry of the period referred to in subsection (1) (a) , the relevant authority must, upon good cause shown, allow the late lodging of the internal appeal.
If that relevant authority disallows the late lodging of the internal appeal, he or she must give notice of that decision to the person that lodged the internal appeal.
A requester lodging an internal appeal against the refusal of his or her request for access must pay the prescribed appeal fee (if any).
If a relevant authority is considering an internal appeal against the refusal of a request for access to a record contemplated in section 34 (1), 35 (1), 36 (1), 37 (1) or 43 (1), the authority must inform the third party to whom or which the record relates of the internal appeal, unless all necessary steps to locate the third party have been unsuccessful.
in any case where that authority believes that the provisions of section 46 might apply, describe those provisions, specify which of the circumstances referred to in section 46 (a) in the opinion of the head might apply and state the reasons why he or she is of the opinion that section 46 might apply; and state that the third party may, within 21 days after the third party is informed, make written representations to that authority why the request for access should not be granted.
If the relevant authority is considering an internal appeal against the granting of a request for access, the authority must give notice of the internal appeal to the requester concerned.
A requester to whom or which notice is given in terms of subsection (7) may within 21 days after that notice is given, make written representations to the relevant authority why the request for access should be granted.
any representations made in terms of section 76 (5), (6) or (9); and if a third party cannot be located as contemplated in section 76 (1), the fact that the third party did not have the opportunity to make representations in terms of section 76 (5) why the internal appeal should be dismissed.
When deciding on the internal appeal the relevant authority may confirm the decision appealed against or substitute a new decision for it.
the requester notified as required by section 76 (7); and if reasonably possible, inform the appellant about the decision in any other manner stated in terms of section 75 (1) (d).
Brummer v Minister for Social Development and others (South African History Archives Trust and South African Human Rights Commission as amici curiae) [CC 25/09 on 13 August 2009] the Constitutional Court declared the 30-day period referred to in s.
is so required, that access to the record will be given after the expiry of the applicable period for lodging an application with a court against the decision on internal appeal referred to in paragraph (c) , unless that application is lodged before the end of that applicable period.
may, by way of an application, within 30 days apply to a court for appropriate relief in terms of section 82.
[Sub-s. (1) amended by s. 23 (a) of Act 55 of 2003 and by s. 27 of Act 66 of 2008.
Until the rules of procedure in terms of subsection (1) (a) come into operation, an application in terms of section 78 must be lodged with a High Court or another court having jurisdiction.
[Sub-s. (2) substituted by s. 23 (b) of Act 55 of 2003.
Any rule made in terms of subsection (1) must, before publication in the Gazette , be approved by Parliament.
Despite this Act and any other law, any court hearing an application, or an appeal against a decision on that application, may examine any record of a public or private body to which this Act applies, and no such record may be withheld from the court on any grounds.
the refusal of a request for access; or any decision taken in terms of section 22, 26 (1), 29 (3), 54, 57 (1) or 60, complies with the provisions of this Act rests on the party claiming that it so complies.
For the purpose of the annual report referred to in section 84 and if so requested by the Human Rights Commission, the head of a private body may furnish to that Commission information about requests for access to records of the body.
such other matters as may be prescribed.
Until the amendment of this Act contemplated in subsection (1) takes effect, any other legislation not referred to in the Schedule which provides for access to a record of a public body or a private body in a manner which, including, but not limited to, the payment of fees, is not materially more onerous than the manner in which access may be obtained in terms of Part 2 or 3 of this Act, respectively, access may be given in terms of that legislation.
[S. 89 substituted by s. 28 of Act 66 of 2008.
[S. 90 substituted by s. 24 of Act 55 of 2003.
The head of an administrative region defined in section 1 of the Magistrate's Courts Act, 1944 (Act 32 of 1944), must, subject to subsection (2), designate in writing any magistrate or additional magistrate as a presiding officer of a Magistrate's Court designated by the Minister in terms of section 1 of this Act.
been designated as a presiding officer of a magistrate's court contemplated in subsection (1).
The Chief Justice must, in consultation with the Judicial Service Commission and the Magistrates Commission, develop the content of training courses with the view to building a dedicated and experienced pool of trained and specialised presiding officers for purposes of presiding in court proceedings as contemplated in this Act.
The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses referred to in subsection (5).
The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (5) and (6).
[S. 91A inserted by s. 2 of Act 54 of 2002.
Any regulation in terms of subsection (1) may provide that any person who must be made by the Minister acting in consultation with the Minister of Finance.
contravenes a provision thereof or fails to comply therewith is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding two years.
[Sub-s. (4) added by s. 25 of Act 55 of 2003.
This Act is the Promotion of Access to Information Act, 2000, and takes effect on a date determined by the President by proclamation in the Gazette.
[Schedule amended by s. 79 of Act 38 of 2001.
1 Amends section 1 of the Promotion of Access to Information Act 2 of 2000 by substituting the definition of 'court'.
This Act is called the Promotion of Access to Information Amendment Act, 2002.
Wanneer kan jy om die herroeping aansoek doen?
Sou die redes wat in die aansoek verstrek word nie in die beste belang van die kind wees nie moet die herroeping plaasvind binne twee jaar vanaf die datum waarop die aannemingsbevel uitgereik is.
die genoemde voog, indien hulle opgespoor kan word. Die hof by wie die aansoek gebring word moet die aannemingsbevel herroep of bekragtig indien dit tevrede is dat al die voorvereistes nagekom is.
Masango has commended the Acting Provincial Commissioner Rex Machabi who led the process of the destruction of these fire-arms.
Last week Thursday's process saw the destruction of 2456 fire-arms and 1136 fire-arms parts and large quantity of different caliber of ammunition collected from different police stations throughout the province compacted.
Some of these fire-arms were continuously surrendered by lawful owners voluntary to the state for destruction; others were surrendered by people during the fire-arm amnesty period. Among others, home-made fire-arms, AK 47s and shotguns confiscated during various operations were also destroyed.
There are also fire-arms and ammunition which were forfeited to the state after finalization of case dockets by courts which also formed part of the destroyed consignment.
Masango thanked community members who participated in the fire-arm amnesty process that saw many weapons handed over to SAPS.
Results: 1 to 20 of 103 (104318 searched in 0.24.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=19781&tid=36739 Size: 762 bytes Collection: speeches_cm?
<fn>GOV-ZA.2000003En.2012-02-10.en.txt</fn>
To give effect to the right to administrative action that is lawful, reasonable and procedurally fair and to the right to written reasons for administrative action as contemplated in section 33 of the Constitution of the Republic of South Africa, 1996; and to provide for matters incidental thereto.
[Para. (gg) substituted by s. 26 of Act 55 of 2003.
[Definition of 'court' substituted by s. 1 of Act 53 of 2002.
in order to promote an efficient administration and if it is reasonable and justifiable in the circumstances, permit an administrator to vary any of the requirements referred to in section 3 (2), 4 (1) (a) to (e) , (2) and (3) or 5 (2), in a manner specified in the notice.
Any exemption or permission granted in terms of subsection (1) must, before publication in the Gazette , be approved by Parliament.
Administrative action which materially and adversely affects the rights or legitimate expectations of any person must be procedurally fair.
(a) A fair administrative procedure depends on the circumstances of each case.
[Sub-para. (i), previously para. (a) , renumbered by s. 46 of Act 42 of 2001.
a reasonable opportunity to make representations; [Sub-para. (ii), previously para. (b) , renumbered by s. 46 of Act 42 of 2001.
a clear statement of the administrative action; [Sub-para. (iii), previously para. (c) , renumbered by s. 46 of Act 42 of 2001.
[Sub-para. (iv), previously para. (d) , renumbered by s. 46 of Act 42 of 2001.
adequate notice of the right to request reasons in terms of section 5. [Sub-para. (v), previously para. (e) , renumbered by s. 46 of Act 42 of 2001.
appear in person.
If it is reasonable and justifiable in the circumstances, an administrator may depart from any of the requirements referred to in subsection (2).
Where an administrator is empowered by any empowering provision to follow a procedure which is fair but different from the provisions of subsection (2), the administrator may act in accordance with that different procedure.
the need to promote an efficient administration and good governance.
convey by such other means of communication which the administrator considers effective, the information referred to in item (a) to the public concerned.
comply with the procedures to be followed in connection with notice and comment procedures, as prescribed.
If it is reasonable and justifiable in the circumstances, an administrator may depart from the requirements referred to in subsections (1) (a) to (e) , (2) and (3).
[Date of commencement of s. 4: 31 July 2002.
Any person whose rights have been materially and adversely affected by administrative action and who has not been given reasons for the action may, within 90 days after the date on which that person became aware of the action or might reasonably have been expected to have become aware of the action, request that the administrator concerned furnish written reasons for the action.
The administrator to whom the request is made must, within 90 days after receiving the request, give that person adequate reasons in writing for the administrative action.
If an administrator fails to furnish adequate reasons for an administrative action it must, subject to subsection (4) and in the absence of proof to the contrary, be presumed in any proceedings for judicial review that the administrative action was taken without good reason.
An administrator may depart from the requirement to furnish adequate reasons if it is reasonable and justifiable in the circumstances, and must forthwith inform the person making the request of such departure.
In order to promote an efficient administration, the Minister may, at the request of an administrator, by notice in the Gazette publish a list specifying any administrative action or a group or class of administrative actions in respect of which the administrator concerned will automatically furnish reasons to a person whose rights are adversely affected by such actions, without such person having to request reasons in terms of this section.
The Minister must, within 14 days after the receipt of a request referred to in paragraph (a) and at the cost of the relevant administrator, publish such list, as contemplated in that paragraph.
Any person may institute proceedings in a court or a tribunal for the judicial review of an administrative action.
the action is otherwise unconstitutional or unlawful.
the administrator has failed to take that decision before the expiration of that period, institute proceedings in a court or tribunal for judicial review of the failure to take the decision within that period on the ground that the administrator has a duty to take the decision notwithstanding the expiration of that period.
where no such remedies exist, on which the person concerned was informed of the administrative action, became aware of the action and the reasons for it or might reasonably have been expected to have become aware of the action and the reasons.
Subject to paragraph (c) , no court or tribunal shall review an administrative action in terms of this Act unless any internal remedy provided for in any other law has first been exhausted.
Subject to paragraph (c) , a court or tribunal must, if it is not satisfied that any internal remedy referred to in paragraph (a) has been exhausted, direct that the person concerned must first exhaust such remedy before instituting proceedings in a court or tribunal for judicial review in terms of this Act.
A court or tribunal may, in exceptional circumstances and on application by the person concerned, exempt such person from the obligation to exhaust any internal remedy if the court or tribunal deems it in the interest of justice.
The Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must, before 28 February 2009, subject to the approval of the Minister, make rules of procedure for judicial review.
[Sub-s. (3) substituted by s. 27 (a) of Act 55 of 2003 and by s. 29 of Act 66 of 2008.
Until the rules of procedure referred to in subsection (3) come into operation, all proceedings for judicial review under this Act must be instituted in a High Court or another court having jurisdiction.
[Sub-s. (4) substituted by s. 27 (b) of Act 55 of 2003.
Any rule made under subsection (3) must, before publication in the Gazette , be approved by Parliament.
as to costs.
90 days or 180 days referred to in sections 5 and 7 may be extended for a fixed period, by agreement between the parties or, failing such agreement, by a court or tribunal on application by the person or administrator concerned.
The court or tribunal may grant an application in terms of subsection (1) where the interests of justice so require.
The head of an administrative region defined in section 1 of the Magistrate's Courts Act, 1944 (Act 32 of 1944), must, subject to subsection (2), designate in writing any magistrate or additional magistrate as a presiding officer of the Magistrate's Court designated by the Minister in terms of section 1 of this Act.
A presiding officer must perform the functions and duties and exercise the powers assigned to or conferred on him or her under this Act or any other law.
as contemplated in subsection (5), and whose name has been included on the list contemplated in subsection (4) (a) , may be designated in terms of subsection (1).
or who has been designated in terms of subsection (1).
The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses contemplated in subsection (5).
[S. 9A inserted by s. 2 of Act 53 of 2002.
the procedures to be followed in connection with requests for reasons.
subject to subsection (3), give effect to any advice or recommendations by the advisory council referred to in paragraph (a).
This section may not be construed as empowering the Minister to make regulations, without prior consultation with the Minister for the Public Service and Administration, regarding any matter which affects the public service.
[Sub-s. (3) substituted by s. 42 of Act 30 of 2007.
made under subsection (2) (a) and (b) must, before publication in the Gazette , be approved by Parliament.
Any regulation made under subsections (1) and (2) or any provision of the code of good administrative conduct made under subsection (5A) which may result in financial expenditure for the State must be made in consultation with the Minister of Finance.
The Minister must, by notice in the Gazette , publish a code of good administrative conduct in order to provide administrators with practical guidelines and information aimed at the promotion of an efficient administration and the achievement of the objects of this Act.
The code of good administrative conduct referred to in subsection (5A) must, before publication in the Gazette , be approved by Cabinet and Parliament and must be made before 28 February 2009.
[Sub-s. (6) substituted by s. 30 of Act 66 of 2008.
[S. 10 substituted by s. 15 of Act 22 of 2005.
No person is criminally or civilly liable for anything done in good faith in the exercise or performance or purported exercise or performance of any power or duty in terms of this Act or the rules made under section 7 (3).
[S. 10A inserted by s. 31 of Act 66 of 2008.
This Act is called the Promotion of Administrative Justice Act, 2000, and comes into operation on a date fixed by the President by proclamation in the Gazette.
To amend the Promotion of Administrative Justice Act, 2000, so as to amend a definition and to provide for the training of presiding officers in the magistrates' courts for purposes of the Act; and to provide for matters connected therewith.
1 Amends section 1 of the Promotion of Administrative Justice Act 3 of 2000 by substituting the definition of 'court'.
2 Inserts section 9A in the Promotion of Administrative Justice Act 3 of 2000.
This Act is called the Promotion of Administrative Justice Amendment Act, 2002.
<fn>GOV-ZA.2000004En.2012-02-10.en.txt</fn>
To give effect to section 9 read with item 23 (1) of Schedule 6 to the Constitution of the Republic of South Africa, 1996, so as to prevent and prohibit unfair discrimination and harassment; to promote equality and eliminate unfair discrimination; to prevent and prohibit hate speech; and to provide for matters connected therewith.
[S. 16 substituted by s. 1 of Act 52 of 2002.
[S. 31 substituted by s. 3 of Act 52 of 2002.
'intersex' means a congenital sexual differentiation which is atypical, to whatever degree; [Definition of 'intersex' inserted by s. 16 (a) of Act 22 of 2005.
'sex' includes intersex; [Definition of ''sex' inserted by s. 16 (b) of Act 22 of 2005.
'this Act' includes any regulation made in terms of this Act.
[Date of commencement of s. 1: 1 September 2000.
to facilitate further compliance with international law obligations including treaty obligations in terms of, amongst others, the Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women.
the Preamble, the objects and guiding principles of this Act, thereby fulfilling the spirit, purport and objects of this Act.
comparable foreign law.
the dispute and the purpose of this Act. [Date of commencement of s. 3: 1 September 2000.
the development of special skills and capacity for persons applying this Act in order to ensure effective implementation and administration thereof.
The existence of systemic discrimination and inequalities, particularly in respect of race, gender and disability in all spheres of life as a result of past and present unfair discrimination, brought about by colonialism, the apartheid system and patriarchy; and the need to take measures at all levels to eliminate such discrimination and inequalities.
[Date of commencement of sub-s. (2): 1 September 2000.
This Act binds the State and all persons.
If any conflict relating to a matter dealt with in this Act arises between this Act and the provisions of any other law, other than the Constitution or an Act of Parliament expressly amending this Act, the provisions of this Act must prevail.
Employment Equity Act, 1998 (Act 55 of 1998), applies. [Date of commencement of s. 5: 1 September 2000.
Neither the State nor any person may unfairly discriminate against any person.
[Date of commencement of s. 6: 1 September 2000.
the denial of access to opportunities, including access to services or contractual opportunities for rendering services for consideration, or failing to take steps to reasonably accommodate the needs of such persons.
systemic inequality of access to opportunities by women as a result of the sexual division of labour.
failing to eliminate obstacles that unfairly limit or restrict persons with disabilities from enjoying equal opportunities or failing to take steps to reasonably accommodate the needs of such persons.
promote or propagate hatred.
Without prejudice to any remedies of a civil nature under this Act, the court may, in accordance with section 21 (2) (n) and where appropriate, refer any case dealing with the publication, advocacy, propagation or communication of hate speech as contemplated in subsection (1), to the Director of Public Prosecutions having jurisdiction for the institution of criminal proceedings in terms of the common law or relevant legislation.
No person may subject any person to harassment.
publish or display any advertisement or notice, that could reasonably be construed or reasonably be understood to demonstrate a clear intention to unfairly discriminate against any person: Provided that bona fide engagement in artistic creativity, academic and scientific inquiry, fair and accurate reporting in the public interest or publication of any information, advertisement or notice in accordance with section 16 of the Constitution, is not precluded by this section.
the respondent must prove, on the facts before the court, that the discrimination did not take place as alleged; or the respondent must prove that the conduct is not based on one or more of the prohibited grounds.
if one or more of the conditions set out in paragraph (b) of the definition of 'prohibited grounds' is established; and unless the respondent proves that the discrimination is fair.
It is not unfair discrimination to take measures designed to protect or advance persons or categories of persons disadvantaged by unfair discrimination or the members of such groups or categories of persons.
whether the discrimination reasonably and justifiably differentiates between persons according to objectively determinable criteria, intrinsic to the activity concerned.
address the disadvantage which arises from or is related to one or more of the prohibited grounds; or accommodate diversity.
In cases of hate speech and harassment section 14 does not apply.
[Para. (c) substituted by s. 28 of Act 55 of 2003.
the head of an administrative region contemplated in paragraph (c) must, subject to subsection (2), designate in writing any magistrate or additional magistrate as a presiding officer of the equality court.
before the date of commencement of section 31; or as contemplated in section 31 (4), and whose name has been included on the list contemplated in subsection (4) (a) , may be designated as such in terms of subsection (1).
The Judges President and the heads of administrative regions must take all reasonable steps within available resources to designate at least one presiding officer for each equality court within his or her area of jurisdiction; and without delay, inform the Director-General of the Department of any judge, magistrate or additional magistrate who has completed a training course as contemplated in section 31 (4) and (5) or who has been designated in terms of subsection (1).
completed a training course as contemplated in section 31 (4) and (5); or been designated as a presiding officer of an equality court in terms of subsection (1).
Subject to subsection (2) and the laws governing the public service, the Director-General of the Department may, for every equality court, appoint or designate one or more officers in the Department, or may appoint one or more persons in the prescribed manner and on the prescribed conditions, as clerks of the equality court, who must generally assist the court to which they are attached in performing its functions and who must perform the functions as may be prescribed.
[Para. (a) substituted by s. 2 (a) of Act 52 of 2002.
If a clerk of an equality court is for any reason unable to act as such or if no clerk has been appointed or designated for any equality court under paragraph (a) , the presiding officer concerned may, despite subsection (2), designate any competent officer in the Department to act as clerk for as long as the said clerk is unable to act or until a clerk is appointed or designated under paragraph (a) , as the case may be.
[Para. (b) substituted by s. 2 (a) of Act 52 of 2002.
before the date of commencement of section 31; or as contemplated in section 31 (6), and whose name has been included on the list contemplated in subsection (3), may be appointed or designated as such under subsection (1) (a).
[Sub-s. (2) added by s. 2 (b) of Act 52 of 2002.
The Director-General may, subject to such conditions as he or she may determine, in writing delegate any power conferred on him or her by this section to an officer employed by the Department, but shall not be divested of any power so delegated and may amend or set aside any decision of the delegatee made in the exercise of such power.
been designated or appointed as a clerk of an equality court in terms of subsection (1) (a).
[Sub-s. (3) added by s. 2 (b) of Act 52 of 2002.
[Sub-s. (4) added by s. 29 of Act 55 of 2003.
The attendance of witnesses and the payment of witness fees in cases arising from the application of this Act must be determined by the Minister in the prescribed manner.
jurisdiction, subject to subsection (3), and in so far as no other provision has been made in the regulations under section 30 of this Act.
All proceedings before the court must be conducted in open court, except in so far as the court may direct otherwise in the interests of the administration of justice.
Subject to paragraph (b) , nothing in this Act precludes a magistrates' court sitting as an equality court from making an order contemplated in section 21 (2), which exceeds the monetary jurisdiction of a magistrates' court, in which case the order must be submitted in the prescribed manner to a judge of the High Court having jurisdiction for confirmation.
The operation of paragraph (a) , relating to the confirmation of an order, is suspended until any appeal contemplated in section 23 is finalised.
the South African Human Rights Commission, or the Commission for Gender Equality.
A person wishing to institute proceedings in terms of or under this Act must, in the prescribed manner, notify the clerk of the equality court of their intention to do so.
The clerk of the equality court must, within the prescribed period of receiving such notification, refer the matter to a presiding officer of the equality court in question, who must, within the prescribed period, decide whether the matter is to be heard in the equality court or whether it should be referred to another appropriate institution, body, court, tribunal or other forum (hereafter referred to as an alternative forum) which, in the presiding officer's opinion, can deal more appropriately with the matter in terms of that alternative forum's powers and functions.
If the presiding officer decides that the matter is to be heard in the equality court, the presiding officer must refer the matter to the clerk of the equality court who must within the prescribed period of such referral assign a date of hearing of the matter.
If the presiding officer decides that the matter must be referred to an alternative forum he or she must, in the prescribed manner, make an order, directing the clerk of the equality court to transfer the matter to the alternative forum mentioned in the order.
When making an order contemplated in paragraph (a) , the presiding officer may attach to the order any comments he or she deems necessary for the attention of the alternative forum.
On receipt of an order referred to in subsection (5), the clerk of the equality court must transfer the matter and notify the parties to the matter of the transfer in the prescribed manner.
On receipt of a matter transferred to it, the alternative forum in question must deal with the matter expeditiously in terms of its powers and functions.
the views of the appropriate functionary at any contemplated alternative forum.
fails to deal with the matter within a reasonable period in the circumstances; or is not able to resolve the matter to the satisfaction of one or both the parties and one or both parties so request, the alternative forum must, in the prescribed manner, refer the matter back to the equality court from which it was transferred, for adjudication, within the prescribed period from the date on which it was returned to the equality court.
The State and constitutional institutions must, as far as reasonably possible, assist any person wishing to institute proceedings in terms of or under this Act, amongst others, by ensuring that the person is directed to the appropriate functionary in order to take the necessary action in the furtherance of the matter in question.
The equality court before which proceedings are instituted in terms of or under this Act must hold an inquiry in the prescribed manner and determine whether unfair discrimination, hate speech or harassment, as the case may be, has taken place, as alleged.
an order to comply with any provision of the Act.
An order made by an equality court in terms of or under this Act has the effect of an order of the said court made in a civil action, where appropriate.
any proceedings before it to any relevant constitutional institution or appropriate body for mediation, conciliation or negotiation.
The court has all ancillary powers necessary or reasonably incidental to the performance of its functions and the exercise of its powers, including the power to grant interlocutory orders or interdicts.
In any proceedings in terms of or under this Act, the court may, at the request of either party, or of its own accord if the presiding officer considers it to be in the interests of justice, summon to its assistance one or two persons who are suitable and available and who may be willing to sit and act as assessors.
Assessors appointed in terms of subsection (1) are, subject to subsection (3), deemed to be members of the court for purposes of this Act.
Any matter of law arising for decision at the proceedings concerned and any question as to whether a matter for decision is a matter of fact or a matter of law must be decided by the presiding officer in the prescribed manner.
On all matters of fact the finding or decision of the majority of the members of the court is the finding or decision of the court, and in the event of one assessor, the finding or decision of the court prevails.
The presiding officer must give reasons for any direction referred to in subparagraph (i) or (ii).
if that party to the proceedings is not assisted by a legal representative; and if the presiding officer is of the opinion that the assessors concerned have clearly made an incorrect finding.
The clerk of the equality court must as soon as is practicable, submit those reasons and the record to the appeal court in question for review in the prescribed manner.
The appeal court has the power to confirm the said findings or to make any appropriate order in respect of such finding that, in the opinion of the appeal court should have been made in the circumstances.
if an assessor is absent, postpone the proceedings in order to obtain the assessor's presence.
Any person aggrieved by any order made by an equality court in terms of or under this Act may, within such period and in such manner as may be prescribed, appeal against such order to the High Court having jurisdiction or the Supreme Court of Appeal, as the case may be.
On appeal, the High Court or the Supreme Court of Appeal, as the case may be, may make such order in the matter as it may deem fit.
Notwithstanding subsection (1), any person aggrieved by any order made by an equality court may, subject to the rules of the Constitutional Court, appeal directly to the Constitutional Court.
In the event of conflicting decisions being made by presiding officers in matters in respect of paragraph (b) of the definition of 'prohibited grounds', the Minister may refer a stated case to the Supreme Court of Appeal or the Constitutional Court for a determination.
If a presiding officer in a magistrates' court makes a determination relating to a ground of discrimination referred to in paragraph (b) of the definition of 'prohibited grounds', the decision must, after the finalisation of the proceedings and in the prescribed manner, be submitted to the High Court having jurisdiction for review.
The High Court in question must, after considering the matter, make a determination in respect of the ground referred to in subsection (5) (a) and thereafter may make any order in terms of this Act as it deems fit.
The operation of subsection (5) (a) is suspended until any appeal contemplated in this section is finalised.
The State has a duty and responsibility to promote and achieve equality.
All persons have a duty and responsibility to promote equality. [Date of commencement of s. 24: to be proclaimed.
conduct information campaigns to popularise this Act.
The South African Human Rights Commission and other relevant constitutional institutions may, in addition to any other obligation, in terms of the Constitution or any law, request any other component falling within the definition of the State or any person to supply information on any measures relating to the achievement of equality including, where appropriate, on legislative and executive action and compliance with legislation, codes of practice and programmes.
request from the Department, in the prescribed manner, regular reports regarding the number of cases and the nature and outcome thereof.
eliminating any form of unfair discrimination or the perpetuation of inequality in any law, policy or practice for which those Ministers are responsible; and preparing and implementing equality plans in the prescribed manner, the contents of which must include a time frame for implementation of such plans, formulated in consultation with the Minister of Finance.
The equality plans must, within two years after the commencement of this Act, be submitted to the South African Human Rights Commission to be dealt with in the prescribed manner.
The South African Human Rights Commission must consult with the Commission on Gender Equality when dealing with the plans contemplated in paragraph (a) . [Date of commencement of s. 25: to be proclaimed.
enforcing and monitoring the enforcement of the equality plans, codes and regulatory mechanisms developed by them; and making regular reports to the relevant monitoring authorities or institutions as may be provided in regulations, where appropriate.
[Date of commencement of s. 26: to be proclaimed.
Pursuant to section 26, all persons, non-governmental organisations, communitybased organisations and traditional institutions must promote equality in their relationships with other bodies and in their public activities.
The Minister must develop regulations in relation to this Act and other Ministers may develop regulations in relation to other Acts which require companies, closed corporations, partnerships, clubs, sports organisations, corporate entities and associations, where appropriate, in a manner proportional to their size, resources and influence, to prepare equality plans or abide by prescribed codes of practice or report to a body or institution on measures to promote equality.
[Date of commencement of s. 27: to be proclaimed.
If it is proved in the prosecution of any offence that unfair discrimination on the grounds of race, gender or disability played a part in the commission of the offence, this must be regarded as an aggravating circumstance for purposes of sentence.
The South African Human Rights Commission must, in its report referred to in section 15 of the Human Rights Commission Act, 1994 (Act 54 of 1994), include an assessment on the extent to which unfair discrimination on the grounds of race, gender and disability persists in the Republic, the effects thereof and recommendations on how best to address the problems.
promote equality in respect of race, gender and disability.
give priority to the elimination of unfair discrimination and the promotion of equality in respect of race, gender and disability.
[Date of commencement of s.
Without detracting from the generality of the provisions of this Act, the Schedule to this Act is intended to illustrate and emphasise some practices which are or may be unfair, that are widespread and that need to be addressed.
[Date of commencement of sub-s. (1): 1 September 2000.
The State must, where appropriate, ensure that legislative and other measures are taken to address the practices referred to in subsection (1). [Date of commencement of sub-s. (2): to be proclaimed.
The Minister must, on the recommendation of the Equality Review Committee, on an ongoing basis, assess the relevance of the practices contained in the Schedule for purposes of expanding, altering, varying or amending the list of practices in the Schedule.
[Date of commencement of sub-s. (3): 1 September 2000.
The Schedule is also intended to provide an illustrative list of practices that are or may be unfair discrimination in order to address and eliminate these practices; and assist persons in interpreting their experiences and practices.
[Date of commencement of sub-s. (4): 1 September 2000.
The illustrative list of practices in the Schedule is not conclusive and must be considered and revised by the Equality Review Committee on a continuous basis. [Date of commencement of sub-s. (5): 1 September 2000.
Any regulation made under this section which may result in expenditure for the State must be made in consultation with the Minister of Finance.
A regulation made under this section may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence and on conviction is liable to a fine or to imprisonment for a period not exceeding 12 months.
Any regulation made under this section must be tabled in Parliament 30 days before publication thereof in the Gazette , if Parliament is then in session.
If Parliament is not in session as contemplated in paragraph (a) , the regulations must be submitted to the Speaker of Parliament, 30 days before publication thereof in the Gazette.
The regulations made in terms of this section, and particularly subsection (1) (a) relating to the procedure at an inquiry, must, as far as possible, ensure that the application of the Act is simple, fair and affordable.
any other matter which is necessary to prescribe in order to achieve the objects of this Act.
Despite section 16 (1) no proceedings may be instituted in any court unless a presiding officer and one or more clerks are available.
the Minister must make the Act available in all official languages in the prescribed manner within a period of two years after the commencement of this Act.
The Director-General of the Department must take all reasonable steps within the available resources of the Department to ensure that a clerk is available for each court in the Republic.
social context training for presiding officers; and uniform norms, standards and procedures to be observed by presiding officers in the performance of their functions and duties and in the exercise of their powers.
The Chief Justice must, in consultation with the Judicial Service Commission, the Magistrates Commission and the Minister, implement the training courses contemplated in subsection (4).
The Director-General of the Department must develop and implement a training course for clerks of equality courts with the view to building a dedicated and experienced pool of trained and specialised clerks, for purposes of performing their functions and duties as contemplated in this Act, by providing social context training for clerks; and uniform norms, standards and procedures to be observed by clerks in the performance of their functions and duties.
The Minister must table a report in Parliament, as prescribed, relating to the content and implementation of the training courses referred to in subsections (4) and (5).
a member of the National Council of Provinces.
[Date of commencement of s. 32: 1 September 2000.
has the other powers and functions as prescribed.
The Equality Review Committee may conduct its business and proceedings at its meetings as it deems fit.
Members of the Equality Review Committee referred to in section 32 (a) , (d) and are appointed for a period of five years and may be reappointed upon the expiry of their term of office.
The other terms and conditions of appointment of members of the Equality Review Committee are as prescribed.
The administrative work connected with the performance of the functions of the Equality Review Committee must be performed by officers designated by the Director-General of the Department.
The members of the Equality Review Committee referred to in section 32 (d) and (e) are entitled to the remuneration, allowances and other benefits; and section 32 (a) , (b) , (c) , (f) and (g) are entitled to the allowances, as may be determined by the Minister in consultation with the Minister of Finance. [Sub-s. (6) substituted by s. 33 of Act 66 of 2008.
[Date of commencement of s. 33: 1 September 2000.
the Equality Review Committee must, within one year, investigate and make the necessary recommendations to the Minister.
prevents a court from making a determination that any of these grounds are grounds in terms of paragraph (b) of the definition of 'prohibited grounds' or are included within one or more of the grounds listed in paragraph (a) of the definition of 'prohibited grounds'.
This Act is called the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, and comes into operation on a date fixed by the President by proclamation in the Gazette.
Creating artificial barriers to equal access to employment opportunities by using certain recruitment and selection procedures.
Applying human resource utilisation, development, promotion and retention practices which unfairly discriminate against persons from groups identified by the prohibited grounds.
Failing to respect the principle of equal pay for equal work.
Perpetuating disproportionate income differentials deriving from past unfair discrimination.
Unfairly excluding learners from educational institutions, including learners with special needs.
Unfairly withholding scholarships, bursaries, or any other form of assistance from learners of particular groups identified by the prohibited grounds.
The failure to reasonably and practicably accommodate diversity in education.
Subjecting persons to medical experiments without their informed consent.
Unfairly denying or refusing any person access to health care facilities or failing to make health care facilities accessible to any person.
Refusing to provide emergency medical treatment to persons of particular groups identified by one or more of the prohibited grounds.
Refusing to provide reasonable health services to the elderly.
Arbitrary eviction of persons on one or more of the prohibited grounds.
'Red-lining' on the grounds of race and social status.
Unfair discrimination in the provision of housing bonds, loans or financial assistance on the basis of race, gender or other prohibited grounds.
Failing to reasonably accommodate the special needs of the elderly.
Unfairly refusing on one or more of the prohibited grounds to provide or to make available an insurance policy to any person.
Unfair discrimination in the provision of benefits, facilities and services related to insurance.
Unfairly disadvantaging a person or persons, including unfairly and unreasonably refusing to grant services, to persons solely on the basis of HIV/AIDS status.
Unfairly excluding any person from membership of a retirement fund or from receiving any benefits from the fund on one or more of the prohibited grounds.
Unfairly discriminating against members or beneficiaries of a retirement fund.
Determining in an unfair discriminatory manner who should be invited to become a partner in the partnership in question.
Imposing unfair and discriminatory terms or conditions under which a person is invited or admitted to become a partner.
Imposing conditions that unfairly limit or deny entry into the profession of persons from historically disadvantaged groups.
Unfairly limiting or denying members access to benefits or facilities on the basis of a prohibited ground.
Unfairly refusing or failing to provide the goods or services or to make the facilities available to any person or group of persons on one or more of the prohibited grounds.
Imposing terms, conditions or practices that perpetuate the consequences of past unfair discrimination or exclusion regarding access to financial resources.
Unfairly limiting access to contractual opportunities for supplying goods and services.
Unfairly refusing to consider a person's application for membership of the association or club on any of the prohibited grounds.
Unfairly denying a member access to or limiting a member's access to any benefit provided by the association or club.
Failure to promote diversity in selection of representative teams.
To amend the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, so as to further provide for the training and designation of presiding officers of equality courts for purposes of the Act; to provide for the designation of magistrates' courts as equality courts; to further regulate the training of the clerks of equality courts; and to provide for matters connected therewith.
1 Substitutes section 16 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.
and paragraph (b) adds subsections (2) and (3).
3 Substitutes section 31 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.
This Act is called the Promotion of Equality and Prevention of Unfair Discrimination Amendment Act, 2002.
<fn>GOV-ZA.2000011901En.2012-02-10.en.txt</fn>
The Department of Finance announces that it has appointed SCMB, a division of The Standard Bank of South Africa Limited, as Marketing and Education Advisors for its planned issue of inflation indexed bonds. The role of SCMB will also include the provision of technical assistance to the Department regarding the structure and pricing conventions for inflation indexed bonds in South Africa, as well as the dissemination of related information to the market.
The Department has decided that the bonds will be sold by an open auction. When the specifications have been finalised, an announcement will be made in respect of future auction dates. It is anticipated that the first auction will be executed before 31 March 2000.
<fn>GOV-ZA.2000020701En.2012-02-10.en.txt</fn>
Moody's Investors Service has announced that they have changed their rating outlook for South Africa's Baa3 country ceiling for foreign currency debt and the Ba1/NP ceilings for foreign currency deposits, as well as the Baa1 domestic currency rating, from stable to positive.
Moody's improved outlook was motivated by government and the South African Reserve Bank's further substantiation of a cohesive and sound macroeconomic framework. They also reflect the prospects for a strong economic recovery over the next several years, which is envisaged to strengthen South Africa's virtuous fiscal performance and the country's debt repayment capacity.
Moody's projects that the growth upturn will not have significant negative consequences for the external trade accounts or the balance of payments, which would allow the substantial improvement in the country's liquidity position to continue. The agency pointed to the rapid growth in manufacturing exports and vigorous expansion in the non-agricultural economy as evidence of the fruits of the industrial restructuring as well as of the trade and financial market liberalization that have been implemented. Moody's also praised the South African Government's preparedness to mold its education and labour policies with a view to maximizing skill development and employment growth. This, in their view, will represent an opportunity to sustain the economic expansion beyond the short term.
Moody's indicated that they would welcome further progress in the areas of labour market liberalization and privatization of State owned enterprises. They also expressed concerns about the prevalence of HIV infection and crime. On balance, however, Moody's remains positive about the pro-active political and economic management that is likely to accelerate the pace of growth and diminish the country's social inequalities.
Moody's concerns are noted and are being addressed by Government on an ongoing basis.
The Department of Finance is delighted that the improving economic and political conditions are recognised by the rating agencies.
<fn>GOV-ZA.2000022501En.2012-02-10.en.txt</fn>
Standard & Poor's, a major international rating agency, today released their credit rating on the Republic of South Africa. This follows a due diligence exercise that took place in November 1999. We are pleased to announce that South Africa's rating for foreign currency bonds and notes has been upgraded to investment grade (BBB-), short-term foreign currency to A-3 and long-term domestic currency rating to A-minus. The rating outlook for the ratings is stable.
This is a resounding vote of confidence in our economy. This investment rating means that South Africa can now attract investors who are currently buying only investment grade rated debt. It would also contribute to the lowering of the borrowing costs for the government and other issuers.
Standard & Poor's cited South Africa's usual strengths.
S & P are however, still concerned about the country's external liquidity, though they acknowledge that the position is on an improving trend. The other areas that they are concerned about are low level of savings and investment and labour market rigidities.
The decision by Standard & Poor's brings to a full investment grade status. "Cautious fiscal and monetary policies, coupled with microeconomic reforms, should underpin South Africa's investment-grade ratings over the coming years", S & P said.
<fn>GOV-ZA.2000022801En.2012-02-10.en.txt</fn>
In terms of section 24J of the Income Tax Act, 1962 interest on bonds is taxed on a yield to maturity basis. It is important to note that both coupon payments and the difference between the acquisition cost and the nominal value of a bond is defined as interest and is taxable for income tax purposes. An inflation linked bond is a variable rate instrument for purposes of section 24J. A "variable rate" is defined as a rate determined with reference to an interest or indexation rate or similar factor, being a rate or factor that varies or may vary during the term of the instrument. Furthermore, all bonds are included in the definition of an instrument for purposes of section 24J. The effect of these provisions is that amounts in respect of adjustments for inflation in the case of inflation linked bonds will be treated as interest and subject to the accrual rules contained in section 24J. The full amount of the inflation adjustment is therefore taxable, as is the case in Canada, New Zealand and the United States.
The tax liability is to be determined annually taking into account any adjustments to the principal amount and the coupon payments as a result of changes in the CPI. In determining the appropriate "yield to maturity" cash flows after the end of the year of assessment should be based on an assumed constant level of the known index as at year end. See the attached example illustrating the tax payable on an inflation linked bond.
<fn>GOV-ZA.2000026En.2012-02-10.en.txt</fn>
To make provision for procedures in terms of which employees in both the private and the public sector may disclose information regarding unlawful or irregular conduct by their employers or other employees in the employ of their employers; to provide for the protection of employees who make a disclosure which is protected in terms of this Act; and to provide for matters connected therewith.
'this Act' includes any regulation made in terms of section 10.
to provide for procedures in terms of which an employee can, in a responsible manner, disclose information regarding improprieties by his or her employer.
This Act applies to any protected disclosure made after the date on which this section comes into operation, irrespective of whether or not the impropriety concerned has occurred before or after the said date.
has the effect of discouraging the employee , from making a protected disclosure.
No employee may be subjected to any occupational detriment by his or her employer on account, or partly on account, of having made a protected disclosure.
approach any court having jurisdiction, including the Labour Court established by section 151 of the Labour Relations Act, 1995 (Act 66 of 1995), for appropriate relief; or pursue any other process allowed or prescribed by any law.
any dismissal in breach of section 3 is deemed to be an automatically unfair dismissal as contemplated in section 187 of that Act, and the dispute about such a dismissal must follow the procedure set out in Chapter VIII of that Act; and any other occupational detriment in breach of section 3 is deemed to be an unfair labour practice as contemplated in Part B of Schedule 7 to that Act, and the dispute about such an unfair labour practice must follow the procedure set out in that Part: Provided that if the matter fails to be resolved through conciliation, it may be referred to the Labour Court for adjudication.
Any employee who has made a protected disclosure and who reasonably believes that he or she may be adversely affected on account of having made that disclosure , must, at his or her request and if reasonably possible or practicable, be transferred from the post or position occupied by him or her at the time of the disclosure to another post or position in the same division or another division of his or her employer or, where the person making the disclosure is employed by an organ of state , to another organ of state.
The terms and conditions of employment of a person transferred in terms of subsection (2) may not, without his or her written consent, be less favourable than the terms and conditions applicable to him or her immediately before his or her transfer.
with the object of and in the course of obtaining legal advice, is a protected disclosure.
and substantially in accordance with any procedure prescribed , or authorised by the employee 's employer for reporting or otherwise remedying the impropriety concerned; or to the employer of the employee , where there is no procedure as contemplated in paragraph (a) , is a protected disclosure.
Any employee who, in accordance with a procedure authorised by his or her employer , makes a disclosure to a person other than his or her employer , is deemed, for the purposes of this Act , to be making the disclosure to his or her employer.
a body, the members of which are appointed in terms of legislation by a member of Cabinet or of the Executive Council of a province; or an organ of state falling within the area of responsibility of the member concerned.
the relevant impropriety falls within any description of matters which, in the ordinary course are dealt with by the person or body concerned; and the information disclosed, and any allegation contained in it, are substantially true, is a protected disclosure.
A person or body referred to in, or prescribed in terms of, subsection (1) who is of the opinion that the matter would be more appropriately dealt with by another person or body referred to in, or prescribed in terms of, that subsection, must render such assistance to the employee as is necessary to enable that employee to comply with this section.
is a protected disclosure if one or more of the conditions referred to in subsection (2) apply; and in all the circumstances of the case, it is reasonable to make the disclosure.
that the impropriety is of an exceptionally serious nature.
For the purposes of this section a subsequent disclosure may be regarded as a disclosure of substantially the same information referred to in subsection (2) (c) where such subsequent disclosure extends to information concerning an action taken or not taken by any person as a result of the previous disclosure.
any administrative or procedural matter necessary to give effect to the provisions of this Act ; and any other matter which is required or permitted by this Act to be prescribed.
Any regulation made for the purposes of section 8 (1) (c) must specify persons or bodies and the descriptions of matters in respect of which each person or body is prescribed.
Any regulation made in terms of this section must be submitted to Parliament before publication thereof in the Gazette.
The Minister must, after consultation with the Minister for the Public Service and Administration, issue practical guidelines which explain the provisions of this Act and all procedures which are available in terms of any law to employee s who wish to report or otherwise remedy an impropriety.
The guidelines referred to in paragraph (a) must be approved by Parliament before publication in the Gazette.
All organs of state must give to every employee a copy of the guidelines referred to in paragraph (a) or must take reasonable steps to bring the relevant notice to the attention of every employee.
This Act is called the Protected Disclosures Act, 2000, and commences on a date determined by the President by proclamation in the Gazette.
<fn>GOV-ZA.2000030701En.2012-02-10.en.txt</fn>
The Ministry of Finance will, for the first time, issue inflation-linked bonds. Inflation-linked bonds are government bonds that will offer investors an inflation-protected investment opportunity by compensating holders for inflation.
These bonds will add to the instruments already in government's basket used to manage our debt. Because the government is confident that inflation will fall over the medium-term, the issuing of inflation-linked bonds will reduce the costs of servicing our debt in real terms, and allow more space in future Budgets for social expenditure.
The inflation-linked bonds will be auctioned on 15 March for the first time.
The instrument has been introduced after extensive research by the Department of Finance, which included consultation with foreign treasuries and market actors both at home and abroad. An extensive market education process has also been conducted with Standard Corporate and Merchant Bank.
The instrument will be indexed to headline inflation, with interest adjusted after a three-month lag. Interest will be paid twice a year. In the case of deflation, the redemption value will be a guaranteed minimum of the capital investment.
The introduction of this bond clearly indicates the intention of the government to keep inflation under control. Apart from allowing government to save on its debt-servicing costs, for investors the instrument offers an opportunity to match their liabilities with real returns.
The Finance Department intends to develop a yield curve of inflation-linked bonds from 10 to 30 years. The instruments will form part of the government's annual financing program. The first auction will be for bonds maturing in 2013.
The first two auctions will be on a uniform price/yield basis to enable market participants to feel comfortable with the instrument, but subsequent auctions will be on a multiple price/yield competitive basis. Initially the bond will be issued mainly into demand.
The SA Reserve Bank will invite market participants to tender for these bonds during the course of this week. The market is expected to comprise mainly long-term institutional investors.
For further information, contact Lesetja Kganyago: 012-323-1703 or Pippa Green: 012-315-5389/0214646100.
<fn>GOV-ZA.2000031501En.2012-02-10.en.txt</fn>
The Department of Finance is pleased with the results of the first auction of the inflation-linked bond on Wednesday (15/03/2000). Noting that the inflation-linked bond is a new instrument, the Department is particularly pleased that the auction process went very smoothly.
The auction of R1 billion was well oversubscribed at R1 675 billion. After a careful analysis of the current market conditions, the Department of Finance resolved to set the cut-off yield at 6.50 which generated a tender amount of R495 000 000. A large proportion of the bids that were allocated, were submitted through the primary dealers, perhaps indication that some market players need to become more confident to directly participate in CPI-bond auctions that are open to all BESA registered market participants. The Department of Finance is looking forward to a more active direct participation of these investors in future auctions.
For further information, contact Phakamani Hadebe: 012-323-1703.
<fn>GOV-ZA.2000032401En.2012-02-10.en.txt</fn>
The Republic of South Africa successfully re-opened its outstanding Global 9.125% $500 million maturing in 2009 by a further $750 million, with Goldman Sachs and Morgan Stanley Dean Witter as joint lead managers. The total issue size now stands at $1.25 billion, making it the most liquid international bond for South Africa. At 275 basis points over the 10 year US treasuries, this re-opening is 95 basis points tighter than the initial launch spread of 370 basis points in May 1999.
The Department of Finance is very pleased with the enthusiastic demand for the bond. This reflects the favourable credit ratings recently announced for the Republic of South Africa.
The proceeds would be used for general government funding and would contribute to alleviating pressures on the domestic bond market.
<fn>GOV-ZA.2000040101En.2012-02-10.en.txt</fn>
The PFMA takes effect from 1 April 2000. The Treasury Regulations in terms of the Act can only be promulgated after the Act takes effect.
The new regulations will therefore be gazetted for public comment on 5 2 The new regulations will then be revised to take account of comments received. The revised gazette will be gazetted on 17 May 2000, and will take effect on 1 June 2000. Until such time as the new regulations take effect on 1 June 2000, the Exchequer Act treasury regulations and instructions remain in force.
Copies of all the gazettes and documents will be available on the website www.finance.gov.za/pfma from 5 April 2000. Other guide documents like the Guide for Accounting Officers will also be available from that date.
<fn>GOV-ZA.2000041801En.2012-02-10.en.txt</fn>
The significant improvements in the global economic outlook since our meeting in September are exceedingly encouraging. Economic growth in the past year exceeded the early forecasts and the prospects for continued growth for the global economy and for developing countries in particular is now much brighter. For developing countries growth of 4.6 per cent in 2000 and 4.8 in 2001 is projected. World growth for 2000 is now projected to be 4 per cent.
It is, however, important to note that this growth is unevenly distributed across developing countries and that a number of important challenges remain if strong growth is to be sustained. We must also be concerned about the potential risks arising primarily from a number of economic and financial imbalances in the global economy.
For the emerging markets in Latin America, Asia, Eastern Europe, the Middle East and Africa, the World Economic Outlook suggests that the momentum of recovery is increasing. Significantly, the Asian economies hardest hit by the financial crisis have performed well above expectations (Indonesia from -13.2 percent in 1998 to -0.5 percent in 1999, Thailand from -10.4 percent in 1998 to 4.2 percent in 1999 and Malaysia from -7.5 percent in 1998 to 5.5 percent in 1999). In Russia, real GDP has increased by over 3 percent in 1999, with an improved fiscal position and a larger than expected current account surplus ($18 billion).
Improved global growth and the strong supply response to the many ongoing reforms taking place in many African economies sets the platform for growth for the Continent. Aggregate growth of 4.4 per cent is projected for Africa to over 4 percent in 2000. Robust growth in three of the largest economies - Algeria, Nigeria and South Africa - is expected to lead the recovery. Strong growth is also projected for a number of other smaller economies including Ghana, Mocambique, Tanzania, Tunisia and Uganda.
But for too many developing countries sustained growth has been elusive. The WEO reports that overall, the number of very poor has remained roughly unchanged over the past decade. The WEO further reports that between 1.2 and 1.3 million people world-wide live on under $1 a day. In Africa, the level of real per capita income today is lower than it was 30 years ago. Never before has the divergence between rich and poor been so great. Never has the issue of poverty been as pressing as it is today.
The key challenge facing the global economy - developing and industrialised countries - in the decade ahead is how to achieve sustainable economic growth and the eliminate poverty.
Sustaining growth in emerging markets, will require continued focus on a series of important issues.
Managing the risks associated with the massive flows of capital as the pace of globalisation intensifies - this includes on-going reforms in regulation and supervision, the development of domestic capital markets, improved corporate governance and adequate legal framework.
Maintaining firm macroeconomic policies - sound fiscal and monetary policies and low and stable inflation - to create an appropriate environment for exchange rate stability, and sustained private sector investment.
Implementing policies that promote domestic savings and investment. It is important to note that while a steady flow of foreign savings is important for emerging markets, efforts to mobilize domestic resources are critical for long-term growth.
Improving the quality of statistics for all sectors of the economy and ensuring widespread and timely dissemination of information.
The expansion of trade is one of the key opportunities presented by globalisation. However, this requires a major change in response from the industrialised nations, away from protectionism towards fairer rules and greater access to these markets.
For other developing countries, the road towards sustained economic recovery is a great deal more challenging. For this group of countries - mostly in Africa -sustainable growth has remained elusive. Even where growth had been experienced, it has not been sufficient to make a dent in poverty. Indeed, over the past three decades, only 7 developing countries in the sample used in the WEO grew fast enough to substantially reduce the income gap with the industrial countries as a whole.
So what is the way forward for developing countries?
The issue must be framed not just in terms of sustaining growth, but sustaining much higher growth and significant poverty reduction. The renewed emphasis being given to growth and poverty reduction by the WB and the IMF is a step in the right direction. This is not the time for the Fund to disengage itself from developing countries. In fact the challenge is to focus the work of the Fund so that there are effective financing instruments, policy advice and capacity building, particularly as regards fiscal, monetary and exchange rate systems and the financial sector.
The WEO notes the importance of technology and economic transformation in improving the economic well-being of countries. Technology offers developing countries the opportunity to make rapid progress in many areas of economic and social policy and delivery.
greater regional regional integration and vii the need to make a stronger case for more generous debt relief and supplementary financial support.
In mentioning the above, we, at the same time have not forgotten that the prospects for growth in developing countries are not only dependent on sound economic policy but also a parallel process of political stability. These two processes are inextricably linked. Deepening political crisis in a number of countries threaten to undermine some of the progress that has up to now been made, particularly as regional co-operation is recognised to hold the key to much of the development challenge.
While acknowledging that various reforms are required by developing countries themselves, these are not sufficient to deal with poverty at the scale as seen in most developing countries. The fight to eradicate poverty is a collective responsibility of the international community.
Developing countries, especially the least developed, have been marginalised in trade talks. The new round of trade talks must give priority to the interest of developing countries. While trying to meet the requirements of an international trading system, the basic responsibility and accountability of governments towards their own people cannot be overlooked. What is required is a greater opportunity for developing countries to increase their exports significantly and to have greater access to the markets of the industrial countries. The rewards of globalisation must accrue fairly to all who have embraced the agenda for greater integration into the international economy.
The collective responsibility also extends to prudent management of policy decisions on the part of industrialised countries, in particular those relating to manage the potential overheating in the United States economy and progress on structural reforms in Japan and Europe. Clearly these decisions will have an impact on the global economic environment within which developing countries also function. The WEO points to a number of potential risks arising a series of economic and financial imbalances that have been building up for a over the past few years.
The large payments imbalances among the major currency areas.
Misalignment of several key currencies with what is deemed to be consistent with medium-term fundamentals, in particular the strength of the dollar relative to the Euro. The risk of sudden changes in market sentiments, associated with shifts in capital flows, could precipitate potentially disruptive realignments of exchange rates.
The financial system could become vulnerable to an eventual downward correction in asset prices which are at very high levels (as seen in the current volatility in stock prices). All efforts should be taken to avoid a "hard landing" that would certainly reverse recent developmental gains made in emerging and developing countries.
We welcome the fact the WEO has for the first time dedicated a section to issues of poverty relief and debt reduction. The need for increased concessional funding to target poverty in a direct manner, in both urban and rural areas, remains a high priority. HIPC debt relief in not sufficient.
We remain concerned that the commitments made by the G8 at Koln have not materialised and that the G7 has not made a sufficient effort to ensure the successful implementation of their own proposals. Debt relief to HIPC eligible cases is moving very slowly and it seems unlikely that our expectations of qualifying the majority of affected countries by the end of this year would materialise. In particular, attention must be given to the slow process of consultation and gathering consensus and the increasingly desperate situation faced by countries experiencing natural disasters (Mozambique and Madagascar are cases in point). Also, financing problems continue to exist. In this regard, the US is urged to expedite its internal approval procedures to facilitate the transfer of the remaining fivefourteenths of investments from profits of gold sales to the HIPC-PRGF Trust to avoid an impending shortfall.
The success of globalisation can only be measured in terms of its contribution of the millions of people who languish in poverty. We must commit ourselves to make the international economy work to the benefit of all, for it cannot be said to 'work' under any other condition. In this regard we have to make a concerted effort to tackle the reform of the Bretton Woods institutions. This will require political commitment by all the member states and will entail difficult political decisions. We believe that the Fund and the Bank have an important role to play in the global economy. However, they will only successfully play this role if they become more representative of the client base that they serve, primarily the emerging and developing nations of the world.
<fn>GOV-ZA.2000042En.2012-02-10.en.txt</fn>
To provide effective mechanisms for dealing with cases of cross-border insolvency; and to amend the Insolvency Act, 1936, so as to further regulate the jurisdiction of the High Courts; and to provide for matters connected therewith.
'Republic' means the Republic of South Africa.
creditors or other interested persons in a foreign State have an interest in requesting the commencement of, or participating in, proceedings under the laws of the Republic relating to insolvency.
Subject to paragraph (b) , this Act applies in respect of any State designated by the Minister by notice in the Gazette.
The Minister may only designate a State as contemplated in paragraph (a) if he or she is satisfied that the recognition accorded by the law of such a State to proceedings under the laws of the Republic relating to insolvency justifies the application of this Act to foreign proceedings in such State.
The Minister may at any time by subsequent notice in the Gazette withdraw any notice under subsection (2) (a) , and thereupon any State referred to in such lastmentioned notice ceases to be a foreign State for the purposes of this Act.
Any notice referred to in subsection (2) (a) or (3) must, before publication in the Gazette , be approved by Parliament.
Where the Minister withdraws a notice in terms of subsection (3), such withdrawal does not affect any pending legal proceedings and such proceedings must continue as if the notice had not been withdrawn.
[Sub-s. (5) added by s. 30 of Act 55 of 2003.
of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), the requirements of the treaty or agreement prevail.
The functions referred to in this Act relating to recognition of foreign proceedings and cooperation with foreign courts must be performed by a High Court referred to in section 166 (c) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996).
A trustee, liquidator, judicial manager, curator of an institution, or receiver is authorised to act in a foreign State in respect of proceedings under the laws of the Republic relating to insolvency, as permitted by the applicable foreign law.
Nothing in this Act prevents the court from refusing to take an action governed by this Act if the action would be manifestly contrary to the public policy of the Republic.
Nothing in this Act limits the power of a court or a trustee, liquidator, judicial manager, curator of an institution, or receiver to provide additional assistance to a foreign representative under other laws of the Republic.
In the interpretation of this Act, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith.
A foreign representative may apply directly to a court in the Republic for relief.
The sole fact that an application pursuant to this Act is made to a court in the Republic by a foreign representative does not subject the foreign representative or the foreign assets and affairs of the debtor to the jurisdiction of the courts of the Republic for any purpose other than the application.
A foreign representative may apply to commence proceedings under the laws of the Republic relating to insolvency if the conditions for commencing such proceedings are otherwise met.
Upon recognition of foreign proceedings, the foreign representative may participate in proceedings regarding the debtor under the laws of the Republic relating to insolvency.
Subject to subsection (2), foreign creditors have the same rights regarding the commencement of, and participation in, proceedings under the laws of the Republic relating to insolvency as creditors in the Republic.
Subsection (1) does not affect the ranking of claims in proceedings under the laws of the Republic relating to insolvency, except that the claims of foreign creditors may not be ranked lower than non-preferent claims.
Without derogating from the application of the law and practice of the Republic generally, the ranking of claims in respect of assets in the Republic is regulated by the law and practice of the Republic on the ranking of claims.
Whenever under the laws of the Republic relating to insolvency notification is to be given to creditors in the Republic, such notification must also be given to the known creditors that do not have addresses in the Republic.
The court may order that appropriate steps be taken with a view to notifying any creditor whose address is not yet known.
Such notification must be made to the foreign creditors individually, unless the court considers that, under the circumstances, some other form of notification would be more appropriate.
No letters rogatory or other similar formality is required.
contain any other information required to be included in such a notification to creditors pursuant to the law of the Republic and the orders of the court.
A foreign representative may apply to the court for recognition of the foreign proceedings in which the foreign representative has been appointed.
in the absence of evidence referred to in paragraphs (a) and (b) , any other evidence acceptable to the court of the existence of the foreign proceedings and of the appointment of the foreign representative.
An application for recognition must also be accompanied by a statement identifying all foreign proceedings in respect of the debtor that are known to the foreign representative.
The court may require a translation of documents supplied in support of the application for recognition into an official language of the Republic.
If the decision or certificate referred to in section 15 (2) indicates that the foreign proceedings are proceedings within the meaning of section 1 (g) and that the foreign representative is a person or body within the meaning of section 1 (h) , the court may so presume.
The court may presume that documents submitted in support of the application for recognition are authentic, whether or not they have been legalised.
as foreign non-main proceedings if the debtor has an establishment within the meaning of section 1 (c) in the foreign State.
the application has been submitted to a court.
An application for recognition of foreign proceedings must be decided upon at the earliest possible time.
The provisions of this section and of sections 15, 16 and 18 do not prevent modification or termination of recognition if it is shown that the grounds for granting it were fully or partially lacking or have ceased to exist.
any other foreign proceedings regarding the same debtor that become known to the foreign representative.
any relief mentioned in section 21 (1) (c) , (d) and (g).
An order issued under subsection (1) must be dealt with as contemplated in section 17 of the Insolvency Act, 1936 (Act 24 of 1936), or section 357 (1) and (4) of the Companies Act, 1973 (Act 61 of 1973), as the case may be.
Unless extended under section 21 (1) (f) , the relief granted under this section terminates when the application for recognition is decided upon.
The court may refuse to grant relief under this section if such relief would interfere with the administration of foreign main proceedings.
section 21 of the Insolvency Act, 1936 (Act 24 of 1936), applies with regard to assets situated in the Republic to the same extent as it would have if the debtor had been sequestrated by a court.
The scope, and the modification or termination, of the stay and suspension referred to in subsection (1) are subject to sections 20, 23 and 75 of the Insolvency Act, 1936, and sections 341 and 359 of the Companies Act, 1973 (Act 61 of 1973), and the court may, at the request of the foreign representative or a person affected by subsection (1), modify or terminate the scope of the stay and suspension.
Subsection (1) (a) does not affect the right to commence individual actions or proceedings to the extent necessary to preserve a claim against the debtor.
Subsection (1) does not affect the right to request the commencement of proceedings under the laws of the Republic relating to insolvency or the right to file claims in such proceedings.
Upon recognition of foreign proceedings, whether main or non-main, the court may, at the request of the foreign representative, entrust the distribution of all or part of the debtor's assets located in the Republic to the foreign representative or another person designated by the court, provided that the court is satisfied that the interests of creditors in the Republic are adequately protected.
In granting relief under this section to a representative of foreign non-main proceedings, the court must be satisfied that the relief relates to assets that, under the law of the Republic, should be administered in the foreign non-main proceedings or concerns information required in those proceedings.
Without derogating from the application of the laws of the Republic generally, in granting relief under this section the court must indicate the laws of the Republic relating to the administration, realisation or distribution of a debtor's estate in the Republic that will apply.
granting any additional relief that may be available to a trustee, liquidator, judicial manager, curator of an institution, or receiver under the laws of the Republic.
In granting or denying relief under section 19 or 21, or in modifying or terminating relief under subsection (3), the court must be satisfied that the interests of the creditors and other interested persons, including the debtor, are adequately protected.
The court may subject relief granted under section 19 or 21 to conditions it considers appropriate.
The court may, at the request of the foreign representative or a person affected by relief granted under section 19 or 21, or of its own motion, modify or terminate such relief.
Upon recognition of foreign proceedings, the foreign representative has standing to initiate any legal action to set aside a disposition that is available to a trustee or liquidator under the laws of the Republic relating to insolvency.
When the foreign proceedings are foreign non-main proceedings, the court must be satisfied that the legal action relates to assets that, under the law of the Republic, should be administered in the foreign non-main proceedings.
Upon recognition of foreign proceedings, the foreign representative may, provided the requirements of the law of the Republic are met, intervene in any proceedings in which the debtor is a party.
In matters referred to in section 2 (1), the court shall cooperate to the maximum extent possible with foreign courts or foreign representatives, either directly or through a trustee, liquidator, judicial manager, curator of an institution, or receiver.
The court may communicate directly with, or request information or assistance directly from, foreign courts or foreign representatives.
In matters referred to in section 2 (1), a trustee, liquidator, judicial manager, curator of an institution, or receiver must, in the performance of his or her or its functions and subject to the supervision of the court, cooperate to the maximum extent possible with foreign courts or foreign representatives.
The trustee, liquidator, judicial manager, curator of an institution, or receiver may, in the performance of his or her or its functions and subject to the supervision of the court, communicate directly with foreign courts or foreign representatives.
coordination of concurrent proceedings regarding the same debtor.
After recognition of foreign main proceedings, proceedings under the laws of the Republic relating to insolvency may be commenced only if the debtor has assets in the Republic.
The effects of such proceedings are restricted to the assets of the debtor that are located in the Republic and, to the extent necessary to implement cooperation and coordination under sections 25, 26 and 27, to other assets of the debtor that, under the law of the Republic, should be administered in those proceedings.
in granting relief or in extending or modifying relief granted to a representative of foreign non-main proceedings, the court must be satisfied that the relief relates to assets that, under the law of the Republic, should be administered in the foreign non-main proceedings or concerns information required in those proceedings.
if, after recognition of foreign non-main proceedings, other foreign non-main proceedings are recognised, the court must grant, modify or terminate relief for the purpose of facilitating coordination of the proceedings.
In the absence of proof to the contrary, recognition of foreign main proceedings is, for the purpose of commencing proceedings under the laws of the Republic relating to insolvency, proof that the debtor is insolvent.
Without prejudice to secured claims or rights in rem , a creditor who has received part payment in respect of his or her or its claim in proceedings pursuant to a law relating to insolvency in a foreign State may not receive a payment for the same claim in proceedings under the laws of the Republic relating to insolvency regarding the same debtor, so long as the payment to the other creditors of the same class is proportionately less than the payment the creditor has already received.
33 [S. 33 repealed by s. 47 of Act 42 of 2001.
This Act is called the Cross-Border Insolvency Act, 2000, and comes into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.200004sepediEn.2012-02-10.en.txt</fn>
Indeed, although 'rationalization' of public sector management and modern 'Human Resource Management' are henceforth high on the Agenda of educational decision-makers, one should not loose out of sight that at the end of the day teachers and teacher management have to contribute to the ultimate goals of educational development to which a society and its government have committed themselves.
<fn>GOV-ZA.2000060101En.2012-02-10.en.txt</fn>
Far-reaching new Treasury regulations aimed to boost financial and management competence in Government and to combat corruption are published in the Government Gazette today.
The Public Finance Management Act came into effect on 1 April 2000. The The new regulations, published in terms of this Act, come into effect today (1 June), and replaces volumes of old treasury instructions in terms of the old Exchequer Act.
The new rules will apply to all government departments and trading entities in the national and provincial spheres. They also apply to constitutional institutions like the Office of the Public Protector, FFC, Human Rights Commission, IEC etc. They are available on the Ministry's web site at www.finance.gov.za/pfma or from the Government Printer.
The new regulations introduce modern forms of financial management widely accepted in the private sector. These include the appointment of chief financial officers to help accounting officers in managing their finances, as well as the setting up of internal controls like audit committees and internal audit units. These committees will work closely with the Office of the Auditor-General, and are intended to pick up financial problems or corruptive practices during a financial year, rather than waiting until after the audit. All departments must now establish these audit committees and internal audit units, which must be independent and have full access to information. They are meant to be tools to help the head of the department avoid getting into trouble.
A second feature of the new regulations is that they put forward a vision for better coordination between budgeting and planning. In other words, departments will now have to account for how they spend money as well as how much they spend. The country's resources are limited and our people's needs are great. We need to ensure that every cent is wisely spent, and that services budgeted for actually get delivered.
The co-ordination between budgeting and planning will be phased in over the next two years, and will include strategic planning and performance measurements of all the activities of government departments.
The third feature of the regulations is that it compels accounting officers to pay their statutory payments (e.g. taxes and audit fees) and to pay all accounts within 30 days of receiving a statement unless otherwise agreed. This provision should help the many small contractors and businesses who in the past suffered severe financial prejudice from not being paid timeously.
There will be strict sanctions for not complying with the new regulations. Heads of department and officials not complying can face sanctions ranging from financial misconduct disciplinary charges, which may result in dismissal, to criminal convictions in the case of gross negligence. The regulations build on the new disciplinary procedures in the public service regulations, which allow for a quicker resolution of disciplinary measures. These will also be delinked from any criminal proceedings, which usually take much longer.
Unauthorized borrowing like that of the Mpumalanga case (where promissory notes were illegally issued in 1998, allegedly by Mr Alan Gray) is also strictly illegal, with harsh criminal sanctions facing any person responsible, be they officials, politicians or MECs, as well as any other person outside the public sector.
Heads of department have more flexibility, but also more responsibilities. They are responsible for managing their own budgets and can write off debts and manage their own losses. Clearer responsibility lines between accounting officers and the treasuries will facilitate better accountability in the public sector. This is unlike the previous legal regime, where the head of a department could always shift responsibility for actions to treasury officials (sometimes junior ones), who wrote off debts and losses for the accounting officer.
The Act and regulations set very high standards, comparable with international best practices. Whilst many of the provisions apply immediately, it will take two to three years for the public to notice big, qualitative improvements in management. The Act means that the public sector will have to bring in better skills, more training and more modern systems of operation. Government faces huge challenges in implementing the Act. However it has demonstrated its commitment to clean and effective government by the introduction of the Act and these regulations. It is committed to devoting the next two to three years to making the Act effective throughout its ranks. The new regulations have been finalized after public comments were taken into account after the publication of draft regulations in May. The Parliamentary standing committee of public accounts and NCOP finance committee also submitted their comments during meetings with treasury officials.
The regulations do not affect public entities, for which a different gazette will apply. These draft treasury regulations will be gazetted next week for public comment, and expected to take effect on 1 August 2000.
<fn>GOV-ZA.2000060701En.2012-02-10.en.txt</fn>
The Minister of Finance, Mr Trevor Manuel, the Deputy Minister, Mr Mandisi Mpahlwa, and officials of the Finance Department met with representatives of Nedcor and Stanbic, as well as with Sasbo, the union representing bank employees, yesterday, June 6, in Cape Town. Representatives from the banks and the unions briefed the Minister on what they would like him to consider when applying his mind to the application by Nedcor to acquire more than 49 percent of Stanbic's shares.
The meeting is part of a process, which has involved the Competition Commission and the Registrar of Banks. In March, the Supreme Court of Appeal confirmed that the matter be adjudicated by the Minister of Finance. The Minister will now consider the reports of the Competition Commission, the Registrar of Banks, as well as the submissions made by all interested parties. Once this has been done, the Minister will announce his decision and the reasons for it.
<fn>GOV-ZA.2000061402En.2012-02-10.en.txt</fn>
The South African Minister of Finance Mr Trevor Manuel will tomorrow host a meeting of finance ministers from the Southern African Development Community (SADC). Finance ministers from seven SADC countries will attend the meeting tomorrow. Mr Manuel will also host the US Secretary of the Treasury, Mr. Larry Summers, along with the SADC finance ministers, to a lunch. There will be a photo op with Secretary Summers after the lunch at 2pm, and a briefing from the finance minister until 2.30pm. Venue: Presidential Guest House, Pretoria
<fn>GOV-ZA.2000062101En.2012-02-10.en.txt</fn>
On 30th November 1999 Nedcor Limited ("Nedcor"), through the Office of the Registrar of Banks, submitted an application, for my consent, as Minister of Finance, for its proposed acquisition of shares of more than 49 per cent of the total nominal value of the issued shares in Standard Bank Investment Corporation Limited ("Stanbic") ("the proposed acquisition"). Stanbic is the bank controlling company of The Standard Bank of South Africa Limited ("The Standard Bank").
be contrary to the interest of the bank concerned; or be contrary to the interest of the depositors; or be contrary to the interest of the controlling company concerned.
On the 6th June 2000 I afforded Nedcor, Stanbic and SASBO (SA Society of Bank Officials), a bank employees' union, an opportunity to make oral presentations on the proposed acquisition to me, Deputy Minister Mpahlwa and officials of the Department of Finance led by Ms Maria Ramos, the Director-General: Finance. The Registrar of Banks was also present at the meeting with the banks.
The Minister of Finance is required by the provisions of section 37(2)(b) of the Banks Act to decide on the proposed acquisition after consultation with the Competition Commission ("the Commission"). I have been advised that the effect of this peremptory requirement is that I should in good faith give proper consideration of the views and/or advice of the Commission. However, having given proper consideration to its views and/or advice, I remain at liberty to make a decision which may be contrary to such views and/or advice.
I have considered the views of the Commission as set out in its report which is an annexure to the report of the Registrar of Banks. On 15th June 2000 I had the opportunity of also meeting with the Commission led by the Commissioner, Adv Menzi Simelane, and it confirmed the advice set out in its report.
I have also considered the advice of the Registrar of Banks set out in his report on the proposed acquisition.
I would at the outset express my concurrence with the view of the Registrar of Banks set out on page 7 of his report, that: "(u)ltimately, after due consideration of the objective factors and analysis, the decision remains a judgment call, informed by the process, but not solely determined by it."
On 15th November 1999 Nedcor issued an announcement of its "firm intention to make a Partial Offer ("the Partial Offer") to the shareholders of Stanbic with a view to combining the two businesses".
By both the accounts of Stanbic's representatives and those of Nedcor, Stanbic is a profitable company and The Standard Bank is one of the most recognised brands in South Africa.
Nedcor is well aware that Stanbic is not an ailing company in need of a rescue plan. Indeed Nedcor has emphasised that, in its view, there are major efficiency gains to be achieved by a merger of Stanbic and Nedcor. Nedcor is also of the view that the proposed acquisition is good for our country and region as the merged entity will result in the creation of a "national champion".
"the existing level of competition amongst South African banks ensuring continued worldclass innovation and breadth of affordable product choice for South African customers", that a failure of the merged entity would, in its view, have a "catastrophic national impact", outweigh the potential of its success.
SASBO is opposed to the proposed acquisition on the ground that, in its opinion, the merger of Stanbic and Nedcor will result in job losses on a major scale.
It is common knowledge that at the end of last year, Stanbic sought an order from the Pretoria High Court to the effect that the Competition Act, 1998 (Act No 89 of 1998) ("the Competition Act") be declared to apply to the proposed acquisition.
That High Court, later supported by the Supreme Court of Appeal, declined Stanbic's application, ruling that the proposed acquisition stood to be dealt with in terms of the Banks Act by the Minister of Finance and that accordingly, the Competition Act does not apply to it.
It further reiterated that, in respect of the proposed acquisition, all that was required of the Minister of Finance was to act after consultation with the Commission in accordance with section 37(2)(b) of the Banks Act.
On 5th June 2000, the Registrar of Banks furnished his report to the Minister of Finance together with the advice provided to me by the Commission.
I express my gratitude to the Registrar of Banks and the Commission for their reports. I also thank the representatives of Nedcor, Stanbic and SASBO for the submissions they made on this matter.
In order to arrive at a decision whether or not permission be granted to Nedcor for the proposed acquisition, I have given serious consideration to the peremptory requirements of section 37(4) of the Banks Act.
It is common knowledge in the banking industry and beyond, that Stanbic, with banking assets valued at 31st December 1999 at about R184,3 billion and shareholders' funds of R20, 4 billion, is the largest of the four very large banks (i.e. Stanbic, ABSA, FirstRand and Nedcor). Nedcor, the fourth largest bank, had at 31st December 1999, assets valued at about R129,8 billion and shareholders' funds of R10,1 billion. A merger of Nedcor and Stanbic would therefore result in an entity with the a total asset value (shareholders' funds included) of about R344,2 billion. It will undoubtedly, be bigger by far than its closest competitors, ABSA and FirstRand.
South Africa belongs to a group of countries with a relatively high level of concentration in the banking sector. If the merger is approved the Herfindahl-Hirshmann index ("H-Index"), widely used to measure concentration and the extent of competition in the banking sector, would increase from the current level of 0,15 to 0,21. This would leave South Africa with an even more concentrated banking sector and well outside accepted international thresholds.
Because of this, the Registrar of Banks has advised that the proposed merger could be viewed negatively by international observers. Such observations may result in lower assessments of the long term viability of the banking system in South Africa.
The Commission supports this view.
"whatever threshold is used the levels of concentration have been unacceptably high from an international perspective in the current, premerger market situation and will be even less acceptable after the merger."
In small business retail banking, for example, the merged entity is likely to have more than 50 per cent of South African customers and thereby have a market share advantage of more than 26 per cent over its closest competitor.
There is no doubt that competition between Stanbic and Nedcor plays a vital role in stimulating innovation in the retail banking sector. It is for this reason that there is concern for the high probability, as suggested by the Commission, that a merger of Stanbic and Nedcor "is likely to substantially prevent or lessen competition in all product markets in the categories of: Retail banking - personal banking and Retail banking - small business banking."
Nedcor has, however, submitted that a number of technology and efficiency gains would outweigh the anti-competitive effects outlined above.
According to Nedcor, such potential gains would result in a merged entity with a cost-to-income ratio of 48 per cent and a return on equity of 30 per cent. The cost-to-income ratios of Nedcor and Stanbic are currently 54 per cent and 61 per cent, respectively. Nedcor is also of the view that the merged entity would set the efficiency standards for the banking industry as a whole and that this would in turn result in lower bank charges for customers.
While there may indeed be the possibility of such efficiency gains, I remain concerned that, as suggested by the Commission, "the supposed gains from achieving economies of scale are in fact gains from improved efficiency along a normal average cost curve". There can be no guarantee that benefits derived from efficiencies realised as a result of the merger of Stanbic and Nedcor will indeed be passed on to consumers.
I am accordingly of the view that the efficiency gains which Nedcor suggests are to be derived from the proposed merger, do not outweigh the very real possibility of the significant anti-competitive effects of such merger.
Another undesirable effect of the over-concentration that will result from the merger of Nedcor and Stanbic on the banking system is the possibility that the small banks would have difficulty in attracting deposits.
I am advised that this is already a structural problem experienced in the banking system. There is also the possibility that the size of the merged entity will further reduce smaller banks' ability to fund themselves.
Even in other foreign jurisdictions, proposed mergers which would lead in the over-concentration of economic power in the hands of a merged entity have not been allowed to go through.
Paul Martin, the Canadian Minister of Finance, has himself previously turned down an application for a proposed merger saying: "The mergers would lead to unacceptable concentration of our economic power in the hands of fewer, very large banks."
Nedcor is of the view that the overall accessibility for customers to branches and ATMs will be much improved by a merger of itself and Stanbic. Nedcor has further submitted that such merger will not affect the retention of branches in rural areas as there will be about 670 ATMs relocated to enhance services to the underbanked.
It needs to be noted that Stanbic has also invested heavily in ATM access. It has about 2 400 ATMs, 2,5 times the number of Nedcor's 940 ATMs.
I am of the view that the proposed relocation of 670 ATMs is likely to result in a shrinkage of access in existing areas which may not necessarily be in the public interest.
Of particular concern is the possible impact on banking services to the underbanked and rural areas.
Generally, economies of scale are likely to improve after a merger. Where unit costs can be reduced and such cost reductions passed on to the consumer, they may be regarded as a public-interest benefit.
The pursuit of efficiencies may result in the rationalisation of the product lines of both Nedcor and Stanbic with some cost benefit for the consumers.
There may, however, be instances where the rationalisation of product lines in pursuit of efficiencies and profitability may work against the public interest. An example would be the case where a product that is less profitable is discontinued even if it serves a public need.
The approval of the merger would give Old Mutual Plc ("Old Mutual") an overly dominant position in South Africa's financial sector, and this may affect policyholders of the Liberty Group ("Liberty") adversely.
There are risks for the Liberty policyholders, in that a key distribution channel for Liberty, The Standard Bank, will possibly disappear after the merger, since there is a strong possibility that the merged entity will dispose of Liberty.
The above would have the effect of impairing the growth of Liberty and could prejudice its policyholders.
Furthermore, the cost structure of Liberty is likely to remain essentially the same, but its income stream would possibly diminish until alternative channels are identified and put into place.
The effect on Liberty could therefore be fairly damaging and could neutralise it as a serious competitor of Old Mutual.
The Standard Bank brand is highly recognised in South Africa. Moreover, the Standard Bank's profitability has not been questioned by Nedcor.
Among South Africa's four big banks however, Nedcor, has the lowest cost-toincome ratio of 51 per cent. Stanbic has suggested that this is because Nedcor has in part limited its risk through focusing on the middle to upper income market. This is in line with its corporate identity.
On the other hand, Stanbic has focused its vision on the mass market.
There is a marked difference in the corporate outlook and culture of the banks concerned which may lead to operational difficulties in a merged entity with possible loss of focus. Stanbic has also emphasised that there exists no shared vision between it and Nedcor.
Further, given the systemic risk which is outlined more fully below in the event of a failure, as sometimes happens, I am not satisfied that it would be in the interest of Stanbic and The Standard Bank to force such a highly reputable and successful bank and a reputable and successful bank controlling company, to take a risk which the Stanbic board unanimously holds to be contrary to their interests.
As stated above, the size of an entity arising from a merger of Stanbic and Nedcor and its total asset value is large by South African banking standards. These factors may be seen as pointing towards a reduction of the probability of the failure of the merged entity.
However, given that no guarantees can be given that such a merger would not fail and the size of the merged entity, I must give serious consideration to the possibility of the challenge which the authorities would have to face in the event that the merged entity fails.
The Registrar of Banks has advised me of his concern for the level of risk during the integration phase, particularly in the light of the fact that Stanbic considers Nedcor's bid as being hostile.
I would again emphasise that I am very concerned that given the size of the entity that would arise from a merger of Stanbic and Nedcor, there exists the possibility of a medium to high adverse impact on the ability of the authorities to stem a systemic crisis, should it arise.
To put it simply, given the fact that a merged entity would have the majority of South African bank users as its depositors, there would be an expectation that the authorities would not allow it to fail.
I am unable however, to advise the South African banking public that I am satisfied that in the event of failure, their interests would be properly protected.
There is particularly concern that there is at least a perception that the merger would have an adverse effect on the ability to retain key staff at critical times during the integration and "bedding down" phase of the merger, should such merger be pursued.
The Registrar of Banks has expressed the view that stability considerations flowing from a merger between Stanbic and Nedcor pose a major concern. It is further important to note that the Registrar of Banks has advised that once approval has been granted for a merger of the present magnitude, it would be almost impossible to reverse such merger and get to the status quo ante.
South Africa's banking system, although undoubtedly in need of improvements in certain areas if it is to effectively meet the challenges posed by globalisation and the resultant need for more efficient banks, is in my view, healthy.
As stated above, Nedcor's achievements are a pride not only for itself, its depositors and shareholders, but also for the country as whole. The Registrar of Banks is therefore correct in saying Nedcor's track record constitutes a strong argument for "regulators not to impede the ability of the market to decide on the ownership of a bank, provided that the owners meet the criteria set out in legislation".
As stated earlier, section 37(4) of the Banks Act is peremptory in its requirement that permission for the proposed acquisition be granted only if I am satisfied that it will not be contrary to the factors set out therein.
A further sensitive issue related to the proposed merger is that of its likely impact on employment in the banks concerned. The estimates of the number of job losses resulting from the merger range between 10 000 to 15 000.
It has been pointed out that the natural staff attrition or average turnover of staff, in the banking sector is between 12-13 per cent per annum. This would translate to 18 000 employees for both banks over a three year period.
The Competition Commission has ruled against the proposed merger.
"In conclusion, therefore, the Commission is of the view that the proposed transaction should be prohibited on the grounds that it will have significant social costs (primarily) potential abuse of market power in the retail banking market and potential job losses), which represents a net loss to society, which cannot be offset by any potential efficiency gains or public interest considerations."
I have considered the Commission's report and have noted its conclusion.
"I am of the opinion that the risks of the application outweigh the merits. Accordingly, I recommend that the application by Nedcor to acquire more than 49 per cent of the shares of Stanbic, not be approved."
"Nedcor has not provided conclusive evidence that the potential efficiency gains and public interest considerations would exceed the social costs of potential market abuse and job losses."
Having carefully considered the recommendations of the Registrar and the Commission as well as the submissions of Nedcor, Stanbic, and SASBO, I would reiterate that I am not satisfied that the potential efficiency gains would exceed the public interest concerns of diminished competition, potential market concentration and job losses, the attendant risks if the merged entity were to fail.
That the proposed acquisition is considered to be hostile by Stanbic is merely one of the factors taken into consideration in my decision. Given the factors outlined above regarding the concentration of economic power that would arise from a merger and the attendant risks outlined above, I would remain extremely concerned even if there was a friendly interaction between Stanbic and Nedcor.
I accordingly decline to grant permission for Nedcor to acquire over 49 per cent of the total nominal value of the issued shares in Stanbic as set out in its application in terms of section 37 of the Banks Act.
<fn>GOV-ZA.2000062701En.2012-02-10.en.txt</fn>
The Finance Department welcomes the announcement today by Fitch, the international rating agency, that it has upgraded South Africa to investment grade rating. Fitch said today that after a due diligence process in South Africa, it was upgrading the country's long-term foreign currency debt rating from BB+ to BBB-, and the short-term foreign currency rating from B to F3. South Africa's long-term local currency (Rand) rating was affirmed at (BBB+). The rating assigned by Fitch means that South Africa is now rated investment grade by all the key international rating agencies. The last upgrading to investment grade of South Africa was by the Standard and Poor's agency in February.
The most recent announcement comes after the merger of Duff & Phelps Credit Rating and Fitch IBCA.
Fitch said that South Africa's rating reflects "an improvement in South Africa's macroeconomic conditions, as tighter fiscal and monetary policies underpinned a recovery of investor confidence in 1999, which has reduced liquidity concerns highlighted in the 1998 emerging markets crisis."
Fitch also confirmed what the Government has maintained, that the Zimbabwean situation has had only a limited impact on the South African economy. However, we take serious note of Fitch's comments that the rating is constrained by high crime rates, the limited pool of skills in South Africa's labour market, and the unsatisfactory level of long-term foreign direct investment.
Government recognises these constraints and is committed to removing them as soon as possible. It will continue its focus on combating crime, and to stepping up reforms in the areas of privatisation, labour market and education provision.
<fn>GOV-ZA.2000062901En.2012-02-10.en.txt</fn>
The Finance Department has had several queries regarding details of the government's decision to stop the use of the PERSAL facility for discretionary deductions from the salaries of government employees.
From January 1, 2001, only deductions relating to statutory items, employee benefits in terms of a collective agreement, or those related to conditions of employment, will be allowed.
The decision comes as a result of the large numbers of public servants who are heavily in debt.
The Department wishes to make it clear that there will be a six-month phasing out period for all existing loans arrangements, a period that will allow both employees and their creditors to make alternative payment arrangements. Thus existing loans will continue to be deducted from employees' salaries until 31 December, 2000.
However, Government will not allow any new loans to be deducted from employees using the PERSAL system with immediate effect.
Employees who already have discretionary deductions will be given six months to transfer those payments onto their bank accounts, or arrange alternative methods of payment.
This should be seen as an opportunity for borrowers and lenders to consolidate their loans.
The Finance Department has carefully considered the effects of discretionary deductions on the welfare of public-sector employees, sought legal advice, and consulted with the banking sector, the Micro-Finance Regulatory Council, and the Departments of Trade and Industry and State Expenditure.
We have found that there has been a dramatic increase in the level of debt by public servants in the past two years. The worst consequence of this debt was the suicide by a civil servant in KwaZulu-Natal in early June. Some employees are so deeply in debt that they are taking home as little as R5 or R10 a month.
The consequences of such a low take-home pay is that the prospects for corruption increase, there is low morale, and thus productivity suffers. When people are taking home R10 a month, where is the incentive to perform at work The end result is poor service delivery to citizens?
This high level of debt is brought about by disproportionately easy access to credit by civil servants. Moreover many lending agencies, because they can make deductions directly from employees' salaries, are quick to extend credit beyond the means of an employee. The salary deduction is often a sufficient guarantee to extend credit to an individual. Seldom are credit or even affordability checks performed.
We believe that if access to the state's payroll is stopped, then lenders would have to do proper risk assessment of their debtors, and that government employees would, likewise, limit their debt to more affordable levels.
<fn>GOV-ZA.2000062En.2012-02-10.en.txt</fn>
To amend the Magistrates' Courts Act, 1944, so as to further regulate the appointment of judicial officers; to amend the General Law Amendment Act, 1955, so as to remove a reverse onus; to amend the Stock Theft Act, 1959, so as to provide anew for the jurisdiction of magistrates' courts in respect of sentence; to amend the Supreme Court Act, 1959, consequentially; to amend the Administration of Estates Act, 1965, so as to substitute an obsolete expression; to amend the Criminal Procedure Act, 1977, so as to delete a definition; to further regulate the hearing of bail proceedings; to repeal an obsolete provision; to effect certain consequential amendments; and to further regulate the granting of bail; to amend the Attorneys Act, 1979, so as to insert a new definition and to substitute another; to provide for the recovery of costs by law clinics; and to make new provision regarding the constitution and quorum of the Attorneys Fidelity Fund Board of Control; to amend the Rules Board for Courts of Law Act, 1985, so as to delete a certain definition; to further regulate the powers of the Rules Board for Courts of Law; and to effect certain technical changes; to amend the Game Theft Act, 1991, so as to make new provision regarding the jurisdiction of magistrates' courts in respect of sentence; to amend the Magistrates Act, 1993, so as to make new provision for the composition of the Magistrates Commission; to amend the Magistrates' Courts Amendment Act, 1993, so as to repeal an obsolete provision; to amend the Special Investigating Units and Special Tribunals Act, 1996, so as to further regulate legal representation on behalf of a Special Investigating Unit; and to further regulate the powers and functions of a Special Tribunal; to amend the Criminal Law Amendment Act, 1997, so as to further regulate the imposition of minimum sentences for certain serious offences; so as to further regulate the committal of an accused for the imposition of sentence by a High Court after conviction in a regional court; and to provide that the court of a regional division retains its jurisdiction to try offences referred to in Part I of Schedule 2 to that Act; and to provide for matters connected therewith.
1 Amends section 9 (2) of the Magistrates' Courts Act 32 of 1944 by substituting paragraph (a).
2 Amends section 37 of the General Law Amendment Act 62 of 1955 by substituting subsection (1).
3 Repeals section 13 of the Stock Theft Act 57 of 1959.
4 Substitutes section 14 of the Stock Theft Act 57 of 1959.
5 Amends section 12 (1) of the Supreme Court Act 59 of 1959 by substituting paragraph (b A).
6 Amends section 72 (1) (a) of the Administration of Estates Act 66 of 1965 by substituting subparagraph (ii).
7 Amends section 1 of the Criminal Procedure Act 51 of 1977 by deleting the definition of 'special superior court'.
8 (1) Amends section 50 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes subsection (3); paragraph (b) substitutes subsection (6) (c) ; and paragraph (c) deletes subsection (6) (d) (iii).
Any bail proceedings in respect of a person who is charged with an offence referred to in Schedule 6 to the Criminal Procedure Act, 1977 (Act 51 of 1977), which have commenced prior to the date of commencement of this Act in a regional court or any other lower court within the area of jurisdiction of such regional court in terms of section 50 (6) (c) of that Act and which proceedings have not been concluded at that date, must be continued in, and concluded by, that court as if this Act had not been passed.
substitutes subsection (1) (a) ; and paragraph (b) substitutes in subsection (4) the words preceding paragraph (a).
10 Repeals section 148 of the Criminal Procedure Act 51 of 1977.
11 Amends section 315 of the Criminal Procedure Act 51 of 1977 by substituting subsection (1).
12 Amends section 316 (1) of the Criminal Procedure Act 51 of 1977 by deleting paragraph (a).
13 Amends section 317 of the Criminal Procedure Act 51 of 1977 by deleting subsection (3).
14 Amends section 319 of the Criminal Procedure Act 51 of 1977 by substituting subsection (3).
15 Amends Part II of Schedule 2 to the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes the ninth offence; and paragraph (b) substitutes the eleventh offence.
16 Amends Schedule 7 to the Criminal Procedure Act 51 of 1977 by substituting the ninth offence.
17 Amends section 1 of the Attorneys Act 53 of 1979 , as follows: paragraph (a) inserts the definition of 'attend'; and paragraph (b) substitutes the definition of 'law clinic'.
19 Substitutes section 33 of the Attorneys Act 53 of 1979.
20 Inserts section 79A in the Attorneys Act 53 of 1979.
21 Amends section 1 of the Rules Board for Courts of Law Act 107 of 1985 by deleting the definition of 'Supreme Court'.
22 Amends section 3 (1) of the Rules Board for Courts of Law Act 107 of 1985 by substituting paragraphs (a) and (b).
and paragraph (d) substitutes subsection (2).
24 Amends section 8 of the Rules Board for Courts of Law Act 107 of 1985 by substituting subsection (1).
25 Substitutes the long title of the Rules Board for Courts of Law Act 107 of 1985.
and 8 (2); and paragraph (e) substitutes the expression 'him or her' for the word 'him', wherever it occurs in sections 5 (1) and (2) and 8 (2).
27 Amends section 5 of the Game Theft Act 105 of 1991 by substituting subsection (1).
and (b).
29 (1) Amends section 3 (1) (a) of the Magistrates Act 90 of 1993 by substituting subparagraph (xi).
Any person designated as a member of the Magistrates Commission in terms of section 3 (1) (a) (xi) of the Magistrates Act, 1993 (Act 90 of 1993), prior to the commencement of this Act, must be regarded as having been so designated in terms of that section as amended by subsection (1).
30 Repeals section 6 of the Magistrates' Courts Amendment Act 120 of 1993.
31 Amends section 5 of the Special Investigating Units and Special Tribunals Act 74 of 1996 by adding subsection (9).
32 Amends section 8 of the Special Investigating Units and Special Tribunals Act 74 of 1996 by substituting subsection (2).
33 Amends section 51 of the Criminal Law Amendment Act 105 of 1997 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes in subsection (2) the words preceding paragraph (a) ; paragraph (c) substitutes in subsection (2) (a) the words preceding subparagraph (i); paragraph (d) substitutes in subsection (2) (b) the words preceding subparagraph (i); paragraph (e) substitutes in subsection (2) (c) the words preceding subparagraph (i); and paragraph (f) substitutes subsection (8) (b).
34 Amends section 52 of the Criminal Law Amendment Act 105 of 1997 , as follows: paragraph (a) substitutes the heading; paragraph (b) substitutes subsection (1); paragraph (c) substitutes in subsection (2) (b) the words following upon subparagraph (ii); paragraph (d) substitutes subsection (2) (c) ; paragraph (e) substitutes in subsection (3) (b) the words preceding the proviso; and paragraph (f) substitutes subsection (3) (e) (i) and (ii).
35 Inserts sections 52A and 52B in the Criminal Law Amendment Act 105 of 1997 . [Date of commencement of s. 35: 21 June 2002.
36 Substitutes section 53 of the Criminal Law Amendment Act 105 of 1997.
37 Amends Part I of Schedule 2 to the Criminal Law Amendment Act 105 of 1997 by substituting in paragraph (c) (ii) of the first offence.
This Act is called the Judicial Matters Amendment Act, 2000, and comes into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.2000063001En.2012-02-10.en.txt</fn>
Mr Van Rooyen is presently head of the Public Sector Industry at Deloitte & Touche and among the first four black partners appointed by the firm. He was previously key account executive at that firm.
He qualified as a Chartered Accountant in 1981 and his distinguished career began shortly thereafter when he started his own practice to address the financial services needs of the black community Due to the rapid growth of his practice, he established a joint venture with Deloitte & Touche which allowed for the training and secondment of staff. This venture resulted in the merger of the two firms.
He is a founder member and former president of the Association for the Advancement of Black Accountants (ABASA) and was chairperson of the Public Accountants and Auditors Board (PAAB). He also represented the South African Institute of Chartered Accountants on the Eastern, Central and Southern African Federation of Accountants.
In addition he is also a founder member of the National Black Business Caucus and former director of the Small Business Development Corporation. Van Rooyen is Chairperson of the CA Eden Trust and also serves on the Co-ordinating Committee which is responsible for the drafting of the new Accountancy Act.
His high profile in business and the accounting profession positions him ideally as executive officer of the FSB. Van Rooyen has an excellent understanding of economic issues and his government assignments include working with the Auditor-General, Ministry of Finance, Ministry of Public Enterprises and the Greater Johannesburg Metropolitan Council.
His awards and achievements include an outstanding member award by ABASA, a special award by the National Association of Black Accountants of the United States, ABASA Special Presidential Award in recognition for his contribution to the accounting profession, as well as a selection by the Sunday Star as one of the top twelve black executives in the country.
<fn>GOV-ZA.2000070501En.2012-02-10.en.txt</fn>
The Finance Ministry is to extend the deadline for comments on new tender regulations intended to boost businesses owned and run by blacks and women.
The regulations, published in terms of the Preferential Procurement Policy Framework Act (No. 5 of 2000), were published in the national and provincial Government Gazettes for comment on June 5. The Act gives effect to the Constitutional requirement that state procurement policy provide for categories of preference for those who have been subjected to unfair discrimination in the past.
The deadline for comments has been extended from June 30, 2000 to July 31, 2000.
<fn>GOV-ZA.2000070502En.2012-02-10.en.txt</fn>
The draft Regulations set out in the Schedule are hereby published for public comments in terms of section 5 of the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000).
The Minister of Finance has, under section 5 of the Preferential Procurement Policy Framework Act, 2000 (Act 5 of 2000), made the regulations contained in the Schedule hereto.
In these regulations "the Act" means the Preferential Procurement Policy Framework Act, 2000 (Act 5 of 2000), and any word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned to it, unless the context indicates otherwise.
"Agent" means an independent institution or individual which has the proxy from another institution or individual from the industry, to independently do business on behalf of or represent such an institution or individual.
"Comparative price" means the price after the factors of non-firm prices against firm prices and all unconditional discounts were taken into consideration.
"Consortia/Joint Ventures" means an association of natural or legal persons for which purpose they combine their expertise, property, capital, efforts, skill and knowledge in a joint venture, to execute the contract.
"Contract" means the agreement that results from the acceptance of a tender.
"Firm prices" are deemed to be the prices that are only subject to adjustments in accordance with the actual increase or decrease resulting from the change. imposition, or abolition of customs or excise duty and any other duty, levy, or tax which, in terms of a law or regulation is binding upon the contractor and demonstrably have an influence on the prices of any, supplies, or the rendering costs of any services, for the execution of the contract.
women; or disabled persons.
Persons who obtained South African citizenship after the first democratic election in April 1994, cannot qualify for preference as an HDI.
"Imported content" means that portion of the tender price represented by the cost of components, parts or materials which have been or are still to be imported (whether by the tenderer or his suppliers or sub-contractors) and which costs are inclusive of the costs abroad, plus freight and other direct importation costs such as landing costs, dock dues, import duty, sales duty, or other similar tax or duty at the South African place of entry as well as transportation and handling charges to the factory in the Republic where the supplies that have been tendered for are manufactured.
"Local content" means that portion of the tender price that is not included in the imported content provided that local manufacture does take place.
"Management" in relation to an organisation. means an activity inclusive of control and performed on a daily basis, by any person who is a principal executive officer of the company, by whatever name that person may be designated and whether or not that person is a director.
"Non-firm prices" means all prices other than "firm" prices.
"Small, Medium and Micro Enterprises (SMMEs)" means as defined in the National Small Business Act, 1996 (Act 102 of 1996).
"Tender" means a written offer on the official tender documents forming part of an invitation to tender.
"Trust" means the arrangement through which the ownership of property of one person is by virtue of a trust instrument made over or bequeathed to the trustee or beneficiaries designated in the trust instrument.
"Trustee" means any person, including the founder of a trust, who acts as trustee by virtue of authority.
Subject to the provisions of any Act of Parliament/Provincial Legislation, the application of any preference system shall be done by all organs of state as contemplated in section 1 (iii) of the Act, only in accordance with this Act. No other preference will be allowed and purchasing authorities are not allowed to encompass preferences in any other manner than those prescribed in the regulations.
The framework as contemplated in section 2 of the Act must be followed.
The determination of the Rand value of the contract must be based on the total/estimated contract value at the time of tender invitation.
It must be stipulated in the tender document which point system will be applied to that specific tender.
Should it occur that the application of the 80/20 preference point system was stipulated in the tender documents and the Rand value of any of the tenders received are in excess of R2,0 million, all tenders received must be evaluated according to the 80 /20 preference point system. Should it occur that the application of the 80 /20 preference point system was stipulated in the tender documents and the Rand value of all the tenders received are in excess of R 2,0 million, the tender must be cancelled and reinvited with the appropriate preference point system encompassed in the tender documents.
Should it occur that the application of the 90/10 preference point system was stipulated in the tender documents and the Rand value of any of the tenders received are less than R2,0 million, all tenders received must be evaluated according to the 90/10 preference system. Should it occur that the application of the 90/10 preference point system was stipulated in the tender documents and the Rand value of all the tenders received are equal to or less than R 2,0 million, the tender must be cancelled and re-invited with the appropriate preference point system encompassed in the tender documents.
Organs of State must therefore ensure that proper planning and calculations of the estimated costs are done prior to prescribing the appropriate preference point system in the tender invitation.
6.1 Should any preference points be allocated for local content it would be applicable to only local manufacturers/suppliers/ service providers residing in South Africa.
6.2 Failure on the part of a tenderer to fill in and / or to sign the declaration will be construed to mean that preference points are not claimed.
6.3 Any organ of State reserves the right to require of a tenderer, either before a tender is adjudicated or at any time subsequently, that the tenderer should substantiate any claim with regard to preference and in any manner required by the organ of State.
6.4 Conditional discounts may not be taken into consideration in the calculation of comparative prices.
6.5 Where different prices are tendered for different periods of the contract, the tender price applicable in respect of a particular period of the contract shall be a firm price if, as regards such period, it conforms to the definition of "firm prices".
6.6 Points scored will be rounded off to the nearest 2 decimal places.
6.7 In the event of equal total points scored, the tender will be awarded to the tenderer scoring the highest number of preference points.
An agent will, if awarded a tender, be regarded as a contractor and will be liable for all benefits / losses.
(1)(a) Equity ownership shall be equated to the percentage of an enterprise which is owned by individuals, or in the case of a company, the percentage shares that are owned by individuals who are actively involved in the management and daily business operations of the enterprise and exercise control over the enterprise, commensurate with their degree of ownership at the closing date of the tender. Should the degree of ownership change after the closing date of the tender the tenderer should notify the relevant organ of State and the tenderer will not be eligible to any preference points.
Where individuals are not actively involved in the management and daily business operations and do not exercise control over the enterprise commensurate with their degree of ownership, preference points for equity ownership may not be claimed for them.
Equity within private companies must be based on the percentage equity ownership.
As public companies are subject to constant change in shareholding, no preference points will be awarded to public companies.
Where NEP is the number of points awarded for equity ownership by HDIs. NOP is the maximum number of points awarded for equity ownership by HDIs.
(3)(a) Equity claims for a Trust, as the legal entity, will be allowed only for those persons who are both a trustee and a beneficiary and must be actively involved in the management and daily operation of the Trust. Substantiating documentation is required with regard to trustees thereby validating their appointments.
Equity claims by persons / companies that fall within the definition of an "Agent" will be able to claim preference points if substantiating documents are submitted thereby validating their appointments.
A consortium or Joint Venture (JV) can be entitled to equity ownership in respect of HDIs.
It should be indicated what percentage of the total contract value will be executed by each party in the consortium or JV and the managers from each party must be indicated according to the percentage equity ownership and control as applicable for Private Companies.
Principle: Each consortium or JV member is allowed equity ownership based on that percentage of the contract to be executed by the consortium or JV member.
Where PPE is part point entitlement per Consortium /JV member. NOP is the maximum number of points awarded for equity ownership for Consortia/JVs.
Where CEP is the number of points awarded to the Consortium/JV member, PPE is part point entitlement per Consortium/JV member (as calculated in (i) above), and EP is the percentage equity ownership within the Consortium /JV member.
Note: The number of points scored for Consortia/JVs [NEP] must be added to the number of points scored for price [Ps] in order to establish the total number of points scored and the contract must then be awarded to the tenderer who scores the highest points, unless objective criteria in addition to the goals justify the award to another tenderer.
the signatory is duly authorised to sign the tender document, and documentary proof regarding any tendering issue will be submitted to the satisfaction of the organ of State when called upon to do so.
recover all costs, losses or damages incurred or sustained by the organ of State as a result of the contract; and / or cancel the contract and claim any damages which the State may suffer by having to make less favourable arrangements after such cancellation; and / or impose a penalty not exceeding 5 % of the value of the contract.
No contracts will be awarded to tenderers who have failed to submit an original Tax Clearance Certificate from the South African Revenue Services certifying that their taxes are in order or that suitable arrangements have been made with the South African Revenue Service to satisfy them.
The goals as contemplated in section 2(1)(d)(ii) of the Act, are the goals that inter alia may be prescribed in the tendering conditions as goals to be achieved. Every goal to be achieved must be clearly specified in the tendering conditions. including the method to be used to calculate the points scored for achieving the specified goals.
The goals must be measurable and quantifiable and organs of State must monitor the execution of the tender for compliance.
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Please note that the Minister expanded on the introductory section of this speech. The rest is largely the same as was delivered, and includes extracts from a prepared speech and from the Ministry's notes of actual delivery.
Today, the richest nations in the world convene for their summit in Okinawa.
At first, the rich did not want to hear the voice of Africa. They suggested that Japan speak for us. But we fought, at least, for our voice to be heard, and now indeed it will be.
We could not let anyone else speak for us because part of our problem in the world today is that too many others have always spoken for the poor.
We did not go to Japan with a begging bowl, although we are poor. We live in the poorest continent in the world, and we live in a world, where according to recent figures (*from Development Innovations and Network), one quarter of the world's population today control 85 percent of the its industries and consume 80 percent of its energy supplies. We live in a world where technological innovation and progress is rapidly improving the quality of life for the rich parts of the world, but the leaps and bounds which technology is making are leaving the poor behind at an ever-quickening rate. We live in a world where 100-million people use the Internet daily and yet almost half the world - most of them who live on this continent - have never made a phone call. We live in a world where, when jobs are created they are in the informal sector or under conditions of massive exploitation; where about 250 million children are employed in low-wage labour around the world, but where Danish workers launched a general strike two years to demand a sixth paid week of vacation.
This is the world that our president has gone to describe to the leaders of the most powerful nations.
We have not gone there with a begging bowl. We have gone, yes, for our people, but also because such inequality, such rapidly expanding inequality and growing poverty, is not going to be sustainable even for the rich.
Where will they export to On what will they spend their surpluses As Business Day reported today?
700-million future consumers on this continent must somehow make sense.
IN SA, an old tourism slogan used to be: "A world in one country".
Well, yes, We have lions in game parks and faux leopard-skin coats in glitzy shopping malls, deserts and forests, mountains and plains. But the slogan had an ugly truism, too.
We have one of the highest GDPs in Africa but the largest wealth gap in the world.
JSE All-Share index rose by 14%, all but 2 of the black controlled shares decreased in share price.
Johnnic is the only black-controlled firm that has increased its share price faster than the JSE index.
And where 13 black firms bore the worst brunt here of the Asian crisis of 1998 and saw two thirds of their market value wiped away. Overall, the number of black controlled firms as a percentage of firms listed on the JSE looks set to drop to one percent this year.
This disparity is reflected not only in ownership and control but in management around the country as well.
Business Times recently reported that of the 3 942 directors in JSE-listed companies, only 449 are black (11%).
And a University of Cape Town report found that Africans constitute less than 6% of management in the country, Asians, about 3 ,5% and coloureds just over 3 percent.
We live in a country where many of those who still control business believe that when we talk about racism, we are deviating from the main goal, which should be building the economy. They say we are carping, and blame affirmative action for our failures.
But where is the affirmative action with figures like these?
Racism and the stumbling blocks in the way of economic development are inextricably linked. If we do not confront racism, we do not spread wealth and economic ownership. If we do not do that, we have no foundation to our democracy As the President has said, our aim is to abandon racism, to build the economy, and to compete globally. "Five years after the arrival of a democratic order," he said last year, "we have not made much progress, and may very well be marching backwards with regard to the objective of deracialisation of the ownership of productive property.
But there is a bright side, too. It is shown right here in this room in the commitment that some of our largest players in the business sector have made in putting their money into an emerging firm like the Lion of Africa Insurance Company. Established less than a year ago, Lion of Africa now has a client base that includes Standard Bank, Tongaat-Hullett, the Southern Sun group, the Premier Group of Properties, even that cheeky chicken business always getting into trouble with advertising authorities - Nandos --and Johnnic Properties. Statutory bodies like SA Mint and the Reserve Bank Building also support it. Bearing in mind that insurance is usually spread around the market place, we should ask other big players in the private sector to spread theirs in the direction of emerging firms. The big broker community, such as Forbes and MIB has also shown trust and support in this venture. That commitment is shown, too, in the example of people like Adam Samie, the chief executive of Lion, and Fred Robertson, its chairman. Adam Samie started in this business 28 years ago as a filing clerk. Now he runs what we hope will soon become one of the most successful players in the industry. Apartheid never intended that many of the successful entrepreneurs sitting here tonight should become so. Now we have got rid of apartheid, we need to deal with the hangovers of racism and its legacy so that the talent, so long squashed in our country, can be used for the good of us all. We must support each other. That's what empowerment is about. We can complain and moan about the JSE, and its racial skewness, but those of us who make investment decisions should ask ourselves: what are we doing to support empowerment In the US Marcus Garvey is held responsible for all kinds of things from Rastafarianism on the one hand, but including economic empowerment. He taught that unless communities support each other (in that community) in their ventures, empowerment would not work. Former president Mandela, among the many wonderful stories he tells, tells one of how, as a young articled clerk, he was sent by his principal, who had settled here from Lithuania, to the other end of town, to End Street, on a bicycle, to buy him sandwiches for lunch. Why Because the man who sold sandwiches was also from Lithuania. He wanted to empower him?
This speaks about the need to empower each other. It's interesting to see how many black professionals don't take their business to black businesses.
When we start to empower each other, that's when we'll start to march forward.
And remember we're in for the long haul. As Cyril Ramaphosa said recently, it's not a five-year policy.
For many of us in this room it will be a life-time policy.
A few months ago, Don Ncube, the chairman of Real Africa, was quoted in the Financial Mail, pleading for patience. "How long has Anglo-American been around" he asked. "Anton Rupert was once bankrupt. Black empowerment has only been around four years. Ask the same question 10 years from now and the situation will be different. You have to give it a chance.?
Look at Malaysia: it has taken the Bumiputra Malays, who make up half the population, 30 years to accumulate 20 percent of that country's wealth. And, like our black-owned firms, they were hardest hit by the Asian crisis of 1998.
We have to continue battling racism, because without racial equity we cannot build the economy or compete globally. We cannot do the other two without tackling the first.
But we also have too look at ourselves and the initial path we have trodden towards black economic empowerment in our new democracy. So far we have concentrated on black control and ownership. Much of the black empowerment was initially financed by banks and financial institutions so that "capitalists without capital", as Business Map's Jenny Cargill put it, could buy into corporate establishments. We need now to concentrate on better management skills so we can correct some of those skewed figures I referred to earlier We need to build on skills in the IT sector because if we don't we will become even more victimized by what Manuell Castells calls the new "technological apartheid" of the world. Access to education could be the greatest wealth we bestow on our children. One of the most successful black-owned companies, Business Connection, owned by the Mophatlane twins, which specializes in systems integration in the Microsoft operating systems platform, is now looking for global partner. It began with a five-person staff and now employs 70. "We are often asked, " said co-owner Benjamin Mophatlane recently in an interview, "where did you get your black IT staff?
But there are some good people out there and when we can't find them we take on promising individuals and train them.
"Our biggest challenge is to keep the skills because we need to grow."
The government has put certain policies in place that will spur on this process. We have legislated a skills levy on business, so that we all pay for the skills that we will need in this country. We have also put into place a new tender procedure that will favour historically disadvantaged business. New regulations have been put out for comment and when those comments are in we will study them and refine our laws to make sure they serve their purpose.
We must remember that the longer we delay in building skills and spreading them across the population, the faster we are left behind by the rich countries for whom technological innovation means more profit, more development, and perhaps, in the short term, more forgetfulness about the rest of humanity whose standards of living are falling.
In an industry as complex as the insurance industry, where so many mergers are taking place, it is important to build an indigenous base where wealth will stay in the country.
For instance one big brand of soft drink that things go better with. Last year took $100 million out of the country back to Atlanta, Georgia.
We need to help develop a black middle class not only so that a few can pursue personal wealth - as the President put it,"a grand house, a grand car and a grand salary " -- but so that we can mould our society into one where the wealth is better spread and where skills development becomes an integral part of business.
There is another reason, too: if we care about our democracy, we need to make sure that the public sector never becomes a place where the elite can accumulate wealth.
The stories of what goers wrong in some parts are legion. Look at some of the detail of how Zaire was governed under Mobutu, where the state became his personal seta of wealth, as well as for his cronies.
Granted he'd learnt it from the King Leopold who had used the Congo as his personal fiefdom.
But the lesson is that wealth must be by dint of hard work in the private sector, not by dint of political fiats or executive dictates.
The state must serve the people, not the elite. If we don't have a thriving private sector, how will we do this?
In South Africa, as in the world, sharing of wealth will depend largely on access to education.
This is the challenge for all of us here: for government and particularly for the private sector, both black and white. Unless we pursue economic development and a better life for all, our democracy will lack sustenance. Without sustenance it will wither. And we too, instead of taking our place in the world, will continue to exist as part of the vast excluded peoples of it. Fighting racism is the key element here.
In the meantime, we could borrow the words of the Irish poet, WB Yeats, our President's favourite poet. In a poem called ": He wishes for the Cloths of Heaven", he bemoans the fact that he has no embroidered cloths "enwrought with golden and sliver light."
"I, being poor, have only my dreams I have spread my dreams under your feet Tread softly, because you tread on my dreams."
Together, supporting each other, we could turn those dreams into the cloths of heaven.
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Thank you for inviting me to be here with you tonight.
In many ways, this period marks the beginning of a new era for the relationship between South Africa and Israel.
Both Israel and South Africa come from backgrounds where we have had to deal with rapid change in the past few years. As the Chamber knows, there used to be very positive links between Israel and the previous South African government. But changes in the political structures of both countries have meant that we have had to build a relationship anew.
This time four years ago, soon after I started as Finance Minister, things were very different. Many important business people, some of whom are your members, questioned who we were, what people in the ANC knew about economics, what we were capable of?
In that time, we've focused on creating macro-economic stability. We've focused hard on that, to the point where we were sometimes criticised for it.
But we took the pain, and now we're beginning to see a little gain.
We have much more fiscal stability now than this country has known in the past 25 years. We've managed to maintain that stability in the hardest of times, through the Asian crisis of 1998. We took a knock - some of our newer, black businesses particularly took a knock. But we stood our ground and survived a financial crisis that sent much of the rest of the developing world into a spin.
That's where we are today: we live with a comfortable deficit, our overall debt is down, inflation is the lowest it been in two decades, and taxes - both for individuals and companies - have been consistently lowered by the new government.
All of these have been entirely necessary conditions for our development. Necessary, but not sufficient.
Our growth rate of about 3,5% is too low to generate jobs. It is true that economic growth took a knock because of the 17.7% decline in agriculture due to the effects of the floods on this sector. And even though the manufacturing sector has been buoyant with output up by an average of 4% in the first few months of this year, we are concerned at the lack of labour-absorbing investment both domestic and foreign. We have a wealth gap that is the largest in the world and unsustainable in any society that needs to develop.
So we still have many challenges ahead of us.
But we are in a better position than ever to meet those challenges. For one thing, we are a far more consensual society than every before. We have structured bargaining councils where labour, business and the government meet to hammer out their differences and find a way forward. The latest of these is the Millennium Council, which has put firmly on its agenda two of the most pressing economic issues we face: how to increase savings and how to generate jobs.
We've just had now, for instance, the Labour Minister announcing changes in labour legislation, changes that have been negotiated with trade unions and cautiously welcomed by business. OK, perhaps neither side is jumping over the moon at the proposed amendments, but as a colleague of mine in the ANC said in the final early-morning negotiating sessions for the new constitution in 1996: "It's better that all of us are a little unhappy, than that some of us are very unhappy."
We must be careful not to sell ourselves short. We need to remind ourselves that things could have been very different. We come from a fractured, violent history.
What we have been able to do in this country is to try to live with our past but not forget it. That is a lesson we learn from Jewish history. If we forget.. we risk the same injustices--- racial oppression and dictatorship - repeating themselves in generations to come.
The new Holocaust museum in Cape Town -- thousands of miles and nearly two generations away from where and when the atrocities against Jews, political dissidents and others were committed by the Nazis - is a sign of memory, or, in the poignant words of Milan Kundera, the struggle of memory against forgetting.
SO neither should we forget in South Africa where we come from - our painful past, the injustice perpetrated on the majority of our people.
But that does not mean that we must lose sight of the way forward. We owe ourselves and our people that responsibility, to look for ways together that we can help develop our country, and make it a safer and happier place for everyone.
We need to be less harsh on ourselves, and to stop blaming each other - a sign of our divided past - for our collective shortcomings.
Our government is now an elected one. It is the embodiment of the will of the citizens of South Africa: that means that you, business people, as much as us in government need to recognise our collective shortcomings and identify what needs to be done.
What have we achieved so far?
Now we have fiscal stability; we have substantially restructured state assets and will continue to do so with the blueprint that has been drawn up by my colleague Jeff Radebe's department.
We have reached a milestone with the SADC trade agreement, finalised just this week, which will reduce trade tariffs to zero in September. This is the first step to creating a free trade zone in southern Africa where a substantial amount of our trade is conducted.
There have been the labour market changes I referred to above.
And our President is making his mark on the world, making sure that the problems of Africa, which affect us deeply, are not pushed aside in the rapid technological and developmental strides that are being made in the richer countries.
But we are still faced with serious challenges here. They are our challenges, not just the government's. They are challenges for labour, for business, for our citizens and for government.
I'd like to spell these out for you. Better still, I'd like to give them to so that you and we, in government, can collectively begin to solve them.
Youth unemployment: We have thousands of people coming onto the job market, with inappropriate skills to handle the jobs that are available.
An unacceptably high level of crime - and worse still, a perception that we cannot deal with it adequately.
A health crisis of major proportions, with HIV and AIDS threatening to cripple the economically active part of our population in the next two decades.
These challenges must occupy our collective mind. The challenge belongs to all of us.
This evening I would like to leave you with those challenges as much as I take them away with me. I invite you to engage with us so that we can help solve the problems of development in our country successfully, and together.
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On Wednesday, 26 July 2000, Cabinet approved publication for public comment of the Municipal Finance Management Bill and the underlying policy framework for municipal borrowing and financial emergencies. The National Treasury, which drafted the Bill, will accept comments until 31 August 2000. Public workshops throughout the country are planned to encourage comments on the Bill. The Municipal Finance Management Bill will be gazetted on Friday, 28 July 2000 and will be available on the National Treasury's web site.
The Municipal Finance Management Bill is aimed first at modernising municipal budgeting and financial management. Secondly, the Bill facilitates the development of a long-term municipal lending/bond market. Thirdly, it introduces a governance framework for separate entities created by municipalities.
The underlying Policy Framework for Municipal Borrowing and Financial Emergencies accompanies the publication of the Bill. The Framework fills a critical gap in the municipal borrowing regime by allowing for a system of judicial intervention/fiscal emergency in municipalities in severe financial distress. An intervention of this kind must be seen as a last resort to be used only after other government support programmes and interventions (such as in terms of section 139 of the Constitution) have failed.
Critical element in modernisation. The draft Municipal Finance Management Bill is aimed at modernising municipal budgeting and financial management. It is a critical element in the overall transformation of local government in South Africa that is currently underway. The basic philosophy underlying the approach to municipal finance in the Bill is to allow "managers to manage and be held accountable," while councillors are provided with information necessary to set overall policy and priorities for the municipality.
The Municipal Finance Management Bill fosters transparency at the local government sphere through budget and reporting requirements. Clear accountability of municipal officials is a theme throughout the Bill.
Public Finance Management Bill for Municipalities. The Bill outlines for local government the same principles as does the Public Finance Management Act (Act No.1 of 1999) for National and Provincial governments. The Bill aims to promote sound municipal financial management and also introduces a new policy for municipal borrowing and governance of independent entities created by municipalities.
The Bill takes an approach similar to the Public Finance Management Act (PFMA) by developing a framework for supervision and support of municipal finances, requiring the establishment of a revenue fund, and preparing timely financial statements and annual audits. Other key areas modelled on the PFMA are the responsibilities of the accounting officer, and the division of responsibility between members of council and the executive on the one hand, and the accounting officer on the other.
Constitutional requirement.
Municipal entities. The Bill provides a governance framework for entities created by municipalities, and allows the formation of new entities under the Companies Act, 1973. The regulations in the Bill complement Government's work on Municipal Service Partnerships and Public/Private Partnerships and enables the restructuring of municipalities through the formation of corporate entities. The Bill prohibits the creation of municipal entities for investment, speculation or to avoid regulations. The Bill also promotes transparency and accountability of municipal entities through reporting, audit and governance requirements.
Municipal Borrowing. The Municipal Finance Management Bill also provides for a new policy framework to promote municipal access to capital markets. The Bill aims to restore municipal access to capital markets by clarifying the legislative framework and the rights of borrowers and lenders.
Section 230 of the Constitution grants municipalities the right to borrow and creates the expectation that these rights will be coherently regulated by legislation passed by national government. The elements of existing legislation which address municipal borrowing issues (e.g. Section 10G of the Local Government Transition Act, as amended) do not properly take account of the changed institutional and policy environment which now exists. This bill develops an appropriate regulatory framework in this area.
The municipal debt market has stagnated. Studies conducted by the Department of Finance indicate that between March 1998 and March 1999 direct private sector lending to municipalities grew by only R1,84bn. Of this, almost R500m was accounted for by one institution. Further, over 80% of this growth was in the form of short-term lending. The long-term debt market - which is especially critical for providing financial resources to municipalities for investment in infrastructure that is critical to both economic and social development (water, electricity, roads and waste) - has largely dried up. One of the major reasons for this decline in lending is the lack of clear remedies for lenders when investments are threatened by municipal financial crises. The Policy Framework on Municipal Borrowing and Financial Emergencies recommends measures for Government to address municipal financial crises.
Without a clear borrowing framework for municipalities that will encourage private sector lending, national government will be pressured to bear the full cost of funding basic municipal infrastructure. This will reduce national government's ability to deliver on other critical social sector programmes. On the other hand, if municipalities were able to attract long-term private capital, the national government would then be able to direct resources to infrastructure extension and poverty relief in those municipalities too poor to attract private capital. The Municipal Finance Management Bill creates an environment for financially healthy municipalities to enter long term capital markets.
Conclusion. The Municipal Finance Management Bill provides another important link in the chain of national government's reforms of the local government sphere. The Bill is broadly enabling for municipalities while at the same time ensuring transparency and accountability. It is a critical element in creating financially viable, responsive, developmental municipalities.
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The Minister of Finance, Mr Trevor Manuel, today published Treasury Regulations in the Government Gazette for comment. The Regulations effectively stop non-statutory deductions from the government payroll system - also known as Persal.
The only deductions that will be allowed will be those that come as a result of collective agreements, state deductions, or deductions ordered by the courts.
The new regulations allow employees and their creditors a period of 11 months from today to make alternative arrangements. By June 30, 2001 no non-statutory deductions will be allowed.
No new loans or non-statutory deductions will be allowed onto the Persal system. Comments on the regulations can be sent to the National Treasury (Attention: Kuben Naidoo), Private Bag X115, Pretoria 0001 to reach us by the end of August.
The government ruling comes about as a result of the severe debt crisis that many of its employees face. A total of about 497,000 state employees have non-statutory deductions made from the salaries, and the vast majority of these are repayments on micro-loans.
Of those employees subjected to non-statutory deductions, each has an average of 2.1 loans each. This goes to illustrate the debt spiral that can escalate from taking out even one loan.
Moreover, government is gravely concerned at the low level of take-home pay of many employees. Nearly 7,000 employees take home less than R100 a month as a result of micro-loan deductions. Most of these employees are on salary level seven or below.
A total of 68, 659 people take home less than R600 a month as a result of micro-loan deductions. The vast majority is on a salary level 7 or below. This means they earn a gross salary of less than R5,783.50 a month.
The Minister of Finance and officials from the Finance Department have held meetings with stakeholders in the micro-loan and insurance industry to discuss the problems faced both by its employees and by the industry.
Government has heeded the advice of the industry that the initial six months that it stipulated to get loans off its books might not allow employees and the industry sufficient time to make alternative arrangements. Thus it has allowed a period of 11 months - until June 30, 2001 - for this.
Government is also sensitive to the fact that some of the deductions are effectively for savings, and go into burial societies, stokvels or towards insurance premiums.
However, our analysis of our salary figures show that the vast majority of the deductions are for loans, not savings.
Government is committed to providing counselling for its employees to help them to get out of the debt trap that many are in; it will also help them make alternative arrangements, through stop orders, for the payments on policies and other forms of savings they may be investing in.
According to our personnel analysis, relatively few state employees do not have access to bank accounts.
The move to limit deductions directly off payroll, will, we believe, have positive effects.
and, lastly, it will help stem corruption in the system as a result of inside "agents" who sell high-interest loans to many who can ill afford them.
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The South African National Treasury has, during the past 12 months, worked on the formulation of a draft switch auction programme. While the National Treasury shared ideas with market participants across the market, including the primary dealers, it is still evident that the majority of market participants have not yet provided the National Treasury with their views. The National Treasury is publishing the proposed rules, terms and conditions by which switch auctions would be effected with a view to obtaining comments from a broader constituent of market participants. As stated in the 2000 Budget Review, the National Treasury intends to begin to actively manage the government debt portfolio with effect from this fiscal year. This consultative process is aimed at ensuring that we are able to conduct switches in a more efficient manner, where a product that is provided is compatible with the requirements of the investors.
The proposed rules describe a process by which an entity may submit competitive offers to sell securities to the National Treasury. This includes the number of days between the announcement of the auction and the auction procedure to be followed. The pricing methodology on how an instrument would be exchanged for the other is also included. For more information please see our web site at: www.finance.gov.
Contact Persons & e-mail: Phakamani Hadebe (Hadebep@finance.pwv.gov.
Phumzile H Maseko (Maseko@finance.pwv.gov.
Jim Matsemela (Matsemej@finance.pwv.gov.
Fax: +27 12 326 7552 or +27 12 323 1783 1.
During the second part of the 1999/00 fiscal year, the borrowing needs declined significantly as a result of government's improved fiscal position. The net borrowing requirement during 1999/00 fiscal year was substantially reduced to R14,3 billion, largely because of privatisation proceeds. At the end of 1999/00, total government debt amounted to 46.4 per cent of GDP, down from a high of 48,2 per cent in 1996/97. The net borrowing requirement in the 2000/01 financial year is projected at R20,3 billion. Of this amount, R13,6 billion is estimated to be financed in the domestic market and the balance (about US$ 1 billion) in foreign capital markets. The foreign borrowing programme for 2000/01 has already been concluded. Based on the projected budget deficit, and asset restructuring proceeds for 2001/02 and 2002/03, it is regarded that the total net loan debt will decline further to 42.0 percent of GDP by 31 March 2003. With the ongoing declining budget deficit, auction sizes of government bonds will also be declining over time. The declining government borrowing requirements will be accompanied by a reduction in the amount of new debt issued and this might have a negative effect on the liquidity of the securities market. The switch auction programme is intended to be used to enhance the liquidity of the securities market amidst the declining new issues. This could be done by repurchasing in advance of maturity some less-liquid issues, while financing these bond purchases through larger new issues of benchmark bonds.
Over the last number of years, the Department of Finance strongly supported the orderly development of the domestic securities market by establishing a more balanced maturity structure and enhancing liquidity in government's liquid benchmark bonds. This initiative will now be taken forward by reducing the number of outstanding issues through consolidating a number of bonds into fewer, larger bonds.
In a switch operation, we would redeem securities by purchasing them from current owners. The most equitable method for determining redemption prices is through a process whereby market participants submit competitive offers to sell particular government securities to the National Treasury. The National Treasury will announce its intention to purchase specified government securities, including the approximate total amount that will be purchased, and the deadlines for offers and settlement.
Switches will provide the government with a powerful tool to rapidly restructure the maturity profile of outstanding debt. With the declining deficit (and without a switch programme), further reductions in new issue sizes and frequencies might reduce the liquidity of government bonds.
Switches will concentrate liquidity across the yield curve by reducing the number of illiquid small issues, and consolidating them into larger more liquid stocks. While not a primary objective, over the long term, this enhanced market liquidity could reduce the government's interest expense and promote more efficient capital markets.
Switches will also be used as a cash management tool. They will reduce the refinancing risks by smoothing the domestic maturity profile, especially towards bond redemptions.
Switches will also be used to build-up the size of the benchmark bonds more quickly than can be achieved through conventional weekly auctions. This has become more important in the expected low-issuance environment amidst the goal of the National Treasury of introducing a strip market. The switches will be used to increase liquidity of the benchmark issues and accelerate the start of a strip market.
Methodology: A cash neutral switch method will be used based on dirty prices pricing method.
4.1 Participation: Exchanges are effected on voluntary basis. Only primary dealers are eligible to submit offers.
4.2 The National Treasury reserves the right to buy back nothing or less than the announced amount if warranted by market conditions.
4.3 The National Treasury may hold a number of switch auctions of a particular bond over a period of time, if necessary.
4.4 The National Treasury will not fix the minimum size for source bonds after the switches.
4.5 Only bonds with a minimum nominal outstanding debt of R1 billion will be considered as a source bond. Bonds with outstanding debt of less than R1 billion will only be considered for buy-backs (payment in the form of cash).
4.6 The National Treasury will not issue a new bond through the process of a switch auction.
4.7 No bond will be a source bond in a switch auction within 12 months of its last auction date as a destination bond, except for bonds with only 24 months to redemption.
4.8 Switches between bonds will not be restricted to pairs within the same maturity bracket.
4.9 There will be no limitation on the number of offers for each security.
4.10 Switch auctions will be conducted on a multiple-price basis, where successful bidders will switch at the price they bid. There will not be a non-competitive bidding facility.
4.11 The bidding format would be that the market participants, following the publication by the National Treasury of an indicative clean price of the existing source bond (at 10.30am), will bid a quantity of the source bond, in minimum units of R10 million nominal and multiples of 5 thereafter, and a clean price for the new destination bond (5 Decimal places), which will be assessed against the undisclosed fair market value that would have been determined in advance by the National Treasury. Whilst all bidding and the 10.30 am indicative price would be in terms of clean prices, the switch ratio will be based in terms of dirty (i.e. settlement) prices.
4.12 The National Treasury will retain the option not to allot bonds to bids at a switch auction if they are not regarded by the National Treasury as fair market value.
4.13 Settlement will be t+3 4.
Switch auctions will be pre-announced in the quarterly auction calendar. The National Treasury will schedule switch auctions for the forthcoming quarter on the last working day of the preceding quarter.
30 days before auction: The National Treasury will preannounce the auction and settlement date(s) of switch auction(s) including the bonds involved.
A week before the auction (7 days), a press notice will be issued confirming the details of the switch auction, settlement details and the maximum size.
At 10.30am, the National Treasury will publish an indicative clean price for the source bond involved in the switch auction.
Between 10.30am and 11.00am, the market participants will be allowed to offer their bids to switch a nominal quantity of the source bond into the destination bond at the clean price of the destination bond (given the indicated 10.30am clean price of the source bond).
By 11.30am the Reserve Bank will aim to publish the results of the switch auction. These would include the highest, lowest and average clean prices of the destination bond which were successful, and their dirty price ratio equivalents; the percentage allotted of the bids at the lowest accepted price; the nominal amount of the source bond that will be switched; and the nominal amount of the destination bond that will be created as a result.
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We meet again in the same room where we were talking about Aids. Now we meet on another important occasion, when the national focus today and tomorrow will be on the women in the country.
When we think of the role of women we think of the great march of August 9,1956. But one of the earliest recorded activities of women's political activity was of them opposing the 1913 Land Act which finally dispossessed black people.
Likewise, two years before the great and courageous march of the women on the Union Buildings, a group of many of the same women met in the Trades Hall of Johannesburg. It was April 1954, and the meeting was really an early attempt to bring together women of all races to fight for a freedom that then seemed so elusive.
It was a complicated freedom for women. The Women's Charter they drew up at that meeting confirmed that. On the one hand, the Charter said: "As women we share the problems and anxieties of our men and join hands with them to remove social evils and obstacles to progress."
But the Charter also said: "As women there rests upon us also the burden of removing from our society all the social difference developed in past times between men and women which have the effect of keeping our sex in a position of inferiority and subordination."
It went further. Allow me to quote from the preamble: "The level of civilisation which any society has reached can be measured by the degree of freedom that its members enjoy. The status of women is a test of civilisation. Measured by that standard, South Africa must be considered low in the scale of civilised nations."
It was indeed a difficult battle the women had embarked on. Two years later, at an anti-pass meeting which preceded the great women's march, a male speaker said: "The government cannot give your women a pass if you do not want to, because the women she is under the control of a man."
There are still tales that the greatest shock to men when their wives were arrested in anti-pass demonstrations was that they had to cook and look after children.
The question we have to face now, today, is what our level of civilisation is. Can we answer that question that our grandmothers put on the table for us 45 years ago?
This is not a women's question, although it was posed by women. Today we are brought up in particular ways and to change those realities (about men and women), we need to engage.
The important point to realise is that the struggle for gender equality is not some new-fashioned buzzword for modern women. This has been part of the development of our struggle. We have had to confront gender equality, and the question of whether it should be a separate struggle or not. The answer we arrived at was that it had to be part and parcel of our struggle for liberation.
So, today, do we pass the test of civilisation?
How are relations between men and women?
In many ways we've made great strides. We have more female parliamentarians than many countries including developed countries like the United Kingdom. We have one of the highest proportions of women as cabinet ministers in the world.
Yet how representative is that of other sectors in our society. In the highest echelons of business, of the media, of almost every key sector in our society, there are only a handful of women.
In fact, I remember when I chaired the Parliamentary Finance Committee and I had to attend a meeting of a Reserve Bank committee; I went into that meeting and got a great shock because everyone there was a white male.
Overall, in our economy, according to a study done a few years ago, women made up only 13 percent of management in companies despite comprising two thirds of the workforce.
One reason is simple. The Economist, in a special report on women in management summed it up: " People who work in large organisations have an innate tendency to hire and promote those who resemble themselves."
Our government has been well aware of this tendency, which is why we've tried hard to increase the diversity of our people at all levels of public representation and we're promoting that in business too.
(And we must also make the point that the challenges we face are not just about race and gender. There is also the issue of disabled people, people who can make a real contribution to the workplace, and who should not be excluded.
We need to heed history's warning. Political power alone doesn't bring change for women. We only have to look at the example of the previous government. They had political power for more than 40 years, but where were the women Where were the women cabinet ministers, lawyers, judges, and businesswomen?
You'll remember the song the women sang in 1956 when they marched to the Union Buildings; Wena Strijdom. Wathintha Abafazi, wathintha imbokodo. Uzakufa.
It was brave, an extraordinary show of boldness to the most powerful man in the country - the Prime Minister. But listen to what his own daughter, years later, told a magazine about her place in the world: "The women's role was to look after the future of the volk."
This reflected a situation where the former moderator of the Dutch Reformed Church, only a few years ago, could argue that, in 80 percent of rape cases, women had provoked the rape.
This is something that is very unfortunate. These are stereotypes and they continue to exist. Until recently our own law put a heavier onus on women to prove rape, so in the judicial system the odds were weighed against women. And people wonder why more rapes aren't reported.
Freedom is indeed complex, as is civilisation.
We, men and women, need to ask the hard questions: have we attained our freedom here, have we reached the civilisation envisaged by those early anti-pass protestors in 1954?
The census in 1996 showed that women formed a majority in South Africa - 54% -- so then what is the meaning of freedom and democracy is women are suppressed. This is a very important issue. It strikes at the heart of freedom.
When we look at the level of violence against women, when we look at the burden that women must bear, not only in the ordinary work of the home, but now too as the main sufferers of the Aids epidemic, our answer must sadly be no.
Freedom is complex and it is indivisible. Just as we could not have freedom for white people, but none for black people, so we cannot have freedom for men and not for women.
The tragedy of Aids is a sign of how some people's lack of freedom affects us all. In Africa, where more than 23 million people have Aids, more than half are women. Worse than that, new statistics show that eight times as many adolescent girls in Africa are living with HIV/Aids than young males the same age.
Unless men start taking responsibility for women's freedom and right to choose, the whole society will unravel. Then we'll learn the hard way that freedom is indeed indivisible.
We know that women need practical things from our government: in many ways we have tried to do that. We have shifted our social spending so that more than half now goes to the poorest 40% -- most of whom are women living in rural areas. We know that women who work in offices need practical support too - such as childcare facilities, or different office hours, so they take their place in the working world.
It reminds me of an analogy that someone drew from this issue in relation to career development for women. The way in which our society functions, if a man gets a job in Cape Town, the family moves, but would the same happen if a women got a job somewhere else?
We should realise that we are not necessarily doing women any favours by making it easier for them to work. Women's economic advancement is a key indicator of development in many countries, and because their money usually goes directly into supporting families, it is an important engine of development for the whole society.
So -- and I'm talking to the men --when we talk about development, let's start by looking at our own relationships, with the women we work with, the women we live with, the women we love.
When we've got those right, we'll realise the dreams of those women who marched for freedom so many years ago: we will attain both freedom and civilisation.
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Mr Manuel said: Mr Oppenheimer was a second generation South African who was one of leading businessmen and a key influence in our society in both the economic and political spheres. He pioneered the economic expansion from the mining to manufacturing industries that became so crucial for South Africa's growth.
He was a philanthropist whose personal wealth frequently supported causes that helped his many less fortunate compatriots.
Although his company, Anglo-American, ranked in the top 25th on the FTSE 100 last year, and although he had long had business interests around the world, Mr Oppenheimer was a both a committed and quintessential South African. His businesses spanned the world, yet he chose to live out his own life here, on African soil.
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I want to talk tonight about feelings. Not really in a nineties, or millennium male way - this may not be quite the place for it - but about our feelings about each other and about our feeling for our country.
I have been fascinated recently with the strength of perceptions - not only how they can, albeit for a short time perhaps, rule objective reality, but how they dominate discourse to the extent that they become reality.
If this seems a little too navel-gazing, let me turn to a philosopher for help: the Italian academic and novelist, Umberto Eco, both cheeky and profound, had this to say in summing up a kind of corporate image of the United States.
He talks about a "secret America" snubbed by European and American intellectuals, but that nonetheless creates a "network of references and influences that finally spread also to the products of high culture and the entertainment industry...
"We can identify it through two typical slogans that pervade American advertising. The first, widely used by Coca-Cola, but also frequent as a hyperbolic formula in everyday speech, is "the real thing""; the second, found in print and heard on TV is "more" - in the sense of "extra". The announcer doesn't say, for example: "The program will continue", but rather there is "More to come". In America you don't say "Give me another coffee," you ask for "more coffee"; you don't say (with apologies to the Health minister) that cigarette A is longer than cigarette B, but that there's "more of it, more than you're used to having, more than you might want, leaving a surplus to throw away - that's prosperity."
Eco goes on to ask why the attempt to satisfy the national demand for the "real thing", ends up fabricating, not realness, but the fake. Why, for instance, is Disney World's recreation of New Orleans, "more real" to some than actual New Orleans?
He talks about it as a journey into hyperreality.
Here we have a more serious perception problem to deal with. Our hyperreality, sometimes expressed by our own business people, is not castles in Disneyworld or wax museums that make the past seem more glamorous, and more real. It's something much grimmer. It makes good things seem worse. We have a tendency, sometimes, to talk past each other, even though we've spent the past decade practising how to talk to each other. But we still are not talking quite the same language.
Is it fear that blinds us, or makes us deaf?
There are huge objective changes that have taken place in the economy since 1994 - changes that continue to take place. Yet the perceptions of what are called "the markets" do not reflect those changes.
Here's one example: recently the World Economic Forum put out the Africa Competitiveness Report for 2000/2001. The report does two things: it ranks countries according to criteria gleaned from interviews with business people - in other words, according to perceptions. In the overall competitiveness index, we rate 7, behind Tunisia, Mauritius, Botswana, Namibia, Morocco, and Egypt. Some of the index is constructed out of ratings on objective criteria.
But listen to those rating which are constructed almost entirely on perceptions.
In the "Improvement Index" for instance, from 1996-1999, constructed from questions about "a direction of change", we come 17 out of 24. And in the "optimism index", we rank 18 creeping in just above Zimbabwe, Swaziland, Cote d'Ivoire, Mauritius, and Namibia.
But on the basis of objective criteria, we are rated near the top in openness to trade, 11th on low tariffs (out of 24), we're in the top ten on lack of import barriers, and on the availability of foreign exchange. On export credit to encourage firms to export, and on exchange rate policy, on corporate tax, and personal income tax, we score good marks, and we rate highly in the quality of infrastructure and telecommunications.
It seems, from where we sit in government, that there is a contradiction between empirical measures and South African business views.
The question is why?
Perhaps this is not unique to South Africa. Markets tend to be driven by perceptions, rather than by vision based on reality, and before anyone accuses me of disrespecting the role of the markets, allow me to quote the Economist to you. This week that magazine ran an article on technical analysts called "Heads, shoulders and broadening bottoms."
The headline is not a description of the analysts' physiques, but rather a description of the shape of the market charts that they analyse. The head and shoulders are a big peak surrounded by two smaller peaks, and the broadening bottoms are not what happens to their posteriors sitting behind computers, but, the Economist explains, a series of troughs, each lower than the preceding one.
The magazine makes the distinction between analysis of real empirical trends, and the short term analysis of these so-called technical experts in the following way: "Economists who study financial markets have long regarded technical analysis as mumbo-jumbo, bearing much the same relationship to rigorous economic "fundamental analysis" that astrology does to astronomy."
In other words, we're dealing with feelings masquerading as reality.
Let's look at the steps we've taken in the past four years to stabilise the macro environment, and to promote investment and growth.
On the fiscal side, we have the lowest deficit -at 2.38% -- that we've had for more than a decade. We should remind ourselves what it was in the dying days of apartheid - over ten percent.
On the monetary side, we are pursuing disciplined policies. We have set an inflation target for 2002, and the Reserve Bank is using the clout and the instruments given to it by the constitution, to achieve this.
We are concentrating on creating this stability and certainty, precisely so that business can make rational decisions in a stable environment. Price stability becomes absolutely key in creating this kind of environment.
On the trade front, we have lifted, and will continue to lift a host of barriers in the form of tariffs and import duties on trade - the latest being the free trade agreement signed with other SADC countries last month.
We are putting policy energy into clustered, rational industrial development, which will also allow the growth of small and medium enterprises. The corridor developments and the spatial development initiatives are examples of this.
We have also put energy into restructuring the labour market, making it easier for small business and particularly the hospitality industry - a major potential growth engine -- to operate competitively.
I know the labour market - and our supposed inflexibility - is a major hobbyhorse for some, and I should pause here to ask you to consider another major factor inhibiting employment.
That is the lack of skills in our economy.
It is clearer than ever before that education and skills help people get jobs. University of Cape Town economist Haroon Bhorat has calculated that, between 1970 and 1995, employment for people with tertiary education rose by an astonishing 2000%; but the demand for the labour of those without matric fell by 24 percent. This means that where jobs have been created in South Africa, over the past thirty years, they have been mainly jobs for skilled people.
By far and away, it is African youth who are disadvantaged in the job market - and more particularly women -- by the historical legacy of unequal education, a legacy created by a legalized system of racial discrimination and oppression.
We are not saying this to make people feel uncomfortable or never to let go of the past, but to remind ourselves that we are ALL left to deal with this burden. Because not only does this country belong to all who live in it, but all who live in it should take equal pride in our achievements and equal responsibility for the challenges that face us. If we are to go forward, and succeed and be prosperous, we have to do so together.
It was an attitude summed up by Michael Spicer yesterday on the radio when he was asked how one of the key business leaders of the last century, Harry Oppenheimer, would like to be remembered. He replied: "In the creation of a prosperous, democratic successful South Africa."
Harry Oppenheimer was that sort of South African. He spread his business interests around the world, but his heart and soul and physical being remained here, in South Africa, on African soil, until the day he died.
The ingredients of that success and prosperity are not only that some of us are comfortable. They are that we begin to give those who have been voiceless, voices, and give meaning to those voices in the form of a decent life: houses, electricity, water, education, health, and jobs.
We have a long way to go, but we have scored important successes in this arena, success, which, because they made a difference in the lives of those whom the years have silenced, have perhaps not made sufficient impact with those who take investor decisions.
More than nine million people now have access to clean water.
The literacy rates of 15-24 year olds now stands at 95%, and the ratio of male to female enrolment in schools is 1:1.
The government has built-no, not one million houses - but 983 943 houses for people who had no formal shelter before. Its worth reminding ourselves that the largest public housing program hitherto was in Singapore where they built 585 00 units over a 26-year period.
The point about these achievements is not to pat ourselves on the back, but to remind ourselves how far we've come. Its also apposite, though, to remind business that without a stable, housed, educated people, none of us - least of all business - have a stable or prosperous future.
That's why the challenges that face us do not face government alone: they face al of us.
of a particularly severe problem with youth unemployment, a problem related both to the low levels of direct investment but also to the extremely poor skills level in our economy. Latest figures estimate that nearly six million youths - most of them African - are unemployed.
Of crime, although here the perception sometimes tends to blur the reality. But this is not to say we cannot take and address the challenge as seriously as our joint resources allow us to do.
Of the continuing unequal access to wealth and, indeed even to the formal economy, by black people.
We need to think seriously about how institutions such as the GSB can contribute towards our joint development, both in terms of raising the level of the skills in our society, and in terms of thinking of the establishment of businesses that can best contribute to our growth, our global competitiveness and our ability to provide our people with jobs.
We are not unique in Africa. As a continent, we suffer grievously from the flight of skills and capital. This may be partly due to the historical legacy of colonialism, which trapped economies in fairly primitive stages of development, and also partly to the fact that many countries never developed the sound quality of public institutions necessary for good governance.
In South Africa we are blessed with fine institutions, with a wealth of talent in many spheres, not least in business, with a morality that has driven most of us in government to understand that we really are here at the service of the people who have imbued us with our powers.
We need to understand better the reality that we have created out of our grim past, the challenges that still face us, and the difference between that new reality and the prophets of doom who rely largely on the power of perception.
We need belief in ourselves - and we need sound understanding -- all of us, to turn our country into the success story that it can be.
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Growth in the emerging markets of Latin America to slow down in the 2nd quarter after six strong months.
Performance remains variable with wide divergences in inflation rates.
Between 1.2 and 1.
The divergence between rich and poor has never been so great as it is today.
ï¿½orderly exchange arrangements.
Make available to its members general resources of the Fund under adequate safeguards.
To review key developments in the international monetary system.
ï¿½ICSID: provides facilities for the settlement of investment disputes.
The UN ODA/GNP target of 0.7 percent has reached a low of 0.
Africa's total debt to exports of goods and services at 215.
Total Funding Requirement = US$ 11.2 billion (WB) World Bank Total Funding Gap = US$ 5.
Total Funding Requirement = US$ 3.5 billion (IMF) International Monetary Fund Total Funding Gap = US$ 0.
IDA's commitment is to allocate 50 percent of its resources to Africa.
Total funding provided by the World Bank is US$46.
Authorities commended for its intention to use privatisation revenue to reduce debt.
Authorities commended for conduct of monetary policy.
Authorities called to speed up privatisation reform.
South Africa has recently requested technical assistance in the area of drafting legislation for capital gains tax.
The G7 countries between them have a 47.
ï¿½The unequal distribution of IMF quotas, e.g. United States quota allocation equals 17.52 percent; Africa's quota allocation equals 5.57 percent; SADC's quota allocation equals 2.03 percent; and South Africa's quota allocation equals 0.
Must review the nature of cross-conditionality clauses.
Moral hazard must be limited in determining the application of the Supplemental Reserve Fund (SRF) in managing systemic crises.
Match financial sector norms for cost efficiency, effectiveness and customer service.
Search for new and better ways to mobilise finance for housing.
Partnering organisations to pioneer new finance and housing delivery products.
Facilitate affordable and suitable credit for low and moderateincome households in the region.
Offering guarantees and seed funds to retail enterprises.
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The Finance Minister, Trevor Manuel, accompanied by Treasury official, Anthony Julies, made a presentation to the Portfolio Committee on Finance in Parliament detailing the roles that the International Monetary Fund and World Bank played in many developing countries.
He pointed to the fact that hardly any countries in Africa (South Africa is a strong exception) have access to private capital markets, and that many are therefore reliant on raising capital through the Bretton Woods Institutions.
This reliance comes in the context of extreme poverty in developing countries: official estimates are that between 1.2. and 1.3 billion people worldwide live in under $1 a day. The divergence between rich and poor in the world has never been so great as it is today.
Manuel told the committee that it was ironic that many of the demonstrators who planned to come to Prague in September to demonstrate against the BWIs were largely from the north, and some represented protectionist interests.
The presentation dealt with the history of the Bretton-Woods institutions. It looked at the purpose of the IMF and the World Bank, specifically the purpose of its five affiliate institutions.
Apart from lack of access to capital markets, the presentation pointed out that many poor countries are faced with declining development assistance and a dramatic debt situation: for instance, Africa's external debt stood at US$319 billion at the end of 1998; and its total debt to GDP ratio stood at 57.6%.
The presentation also detailed World Bank funding to South Africa's, as well as Article IV consultations by the IMF with South Africa, as well as technical assistance from the Fund.
The Minister, in his presentation was critical, particularly of the unequal representation within the Bretton-Woods institutions. For instance, 43 African countries in two constituencies share 4.38% of the shareholding (and vote) in the Fund, whereas the G7 countries between them have a 47.69% shareholding and vote. "The biggest fault-line is in the decision-making process," he said. "The constitution requires that a number of decisions require 85% of the shareholders to back it. This gives the US and Europe an effective veto-no US, no decision. No Europe, no decision."
He gave as an example the release for resale of some of the gold held by the IMF to fund the HIPC initiative. "It requires a US decision to sell the remaining 5/14 of the gold. But Congress is in recess, Congress is in election mode, Congress doesn't care."
A review of the quota formula of the IMF is urgently needed, the committee heard. Reform in the World Bank is also necessary to enable poor countries to escape from systemic underdevelopment. Some key features of reform should be: broadening the pool of currencies that the World Bank lends in beyond the 5 OECD currencies; developing better risk models; and reviewing the type of cross-conditionality clauses that currently exist between the Fund and the Bank.
Manuel said that the Africa One constituency, which South Africa chairs, has hardly any meetings. The first meeting was in Maputo in July.
On the way forward, the committee heard that the G-20, which comprises the G-7 and 13 other "systemically significant" countries, including South Africa - may be an important forum to develop as it focuses on global economic issues and financial architecture.
Answering questions later, Manuel said that the G-20 would work better if the G-7 were to let go of other interests. A problem was that its meetings were too infrequent. "But no forum is too unimportant. We've got to get our voice heard."
The full slide presentation to the Portfolio Committee has been posted on the National Treasury website.
Cross-conditionalities were important to challenge. For instance, the World Bank had approved a loan to Zimbabwe recently, as had the African Development Bank (part of the family of development banks), but because of that country's non-performance in terms of the IMFpackage, the Bank could not release its funds.
On Horst Kohler, the new MD of the IMF, he said that, as a former senior civil servant in Germany, he understood that the micro-management of economies, which the IMF sometimes tried to do, was not workable in democracies. It sometimes took up to two years to approve relatively minor changes in legislation, and the IMF needed to understand such micromanagement effectively undermined democracies.
He raised the question of the role South Africa should play when it goes (as chair of the Board of Governors) to the IMF annual meeting in Prague in September. IN a world that is as imperfect as the one we live in, with the chasm between rich and poor, with the fact that many countries cannot access capital markets, what role should we play Should we go to the annual meeting or should Ben Turok (an ANC MP) and I go toyi-toyi outside. Because small as we are, we will probably punch above our weight at such a meeting.?
Both Ben Turok and fellow ANC MP, Rob Davies, agreed that South Africa should be at the annual meeting to raise the issues of world, and particularly African, poverty. Davies asked how Manuel saw the debate about poverty and inequality given the policy packages that imposed conditionalities by the IMF. He also warned, however, that we shouldn't "discount mass movements forming in civil society outside of government. The NGO constituency is raising some issues quite powerfully."
Manuel replied: Part of the difficulty is that when you access money, what do you do in return It's hard to understand why people would make agreements when they know they can't perform against them. Partly it's the human condition What we need to do is not whinge about it. My plea is that we put our heads together and work out what we need to do.
On the mass movements, he said: "We all know that the mass movements are against, but we're trying to understand what they're for. We can't understand at all why someone's dressed like a turtle today, because if you ask him, he might say, the rabbit suit I wore yesterday is in the wash. 'Tomorrow I'll only have black clothes, so I'll join the anarchists'." Manuel said the idea to close down the IMF and World Bank had also come from protectionist, right-wing interests such as those represented by the Meltzer Commission which basically argued that the taxes of first-world people such as those in the US shouldn't go to others in poorer countries. He said South Africa was cognizant of the fact that many poor countries relied on the IMF and the World Bank for capital, which was necessary for development. However the problems and inherent inequality in both institutions continued to prejudice poor countries. "Thus," he said, "we need a voice that is a little bit different."
South Africa, and its constituency, were not asking for debt relief for middle-income countries, but for discretionary relief for the HIPC. "We're asking whether we can look at representivity differently. Can we construct a credit union as the BWIs were in 1944.".
On the role of the most powerful country in the world, the United States, Manuel quoted Fund officials as saying there had never been a legislature "so selfish as this one Part of it is the end of the Cold Warbecause now they don't need to support anyone...they just keep the money at home."
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The National Treasury is pleased to announce a second auction of the inflation-linked bonds to an amount of R250 million. The auction will be on 7 September 2000. This auction should be seen in the light of the National Treasury's intention of developing a yield curve of inflation-linked bonds from 7 to 30 years. Like the first auction, the second auction will be for bonds maturing in 2013 and will also be on a uniform yield basis. Subsequent auctions will be on a multiple yield competitive basis. The National Treasury will continue to issue inflation-linked bonds into demand.
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On 1 August 2000, the Minister of Finance published draft regulations regarding discretionary deductions from the Government payroll system - Persal. The publication of these draft regulations arose from Government's concern over the high level of indebtedness of civil servants, the rampant abuse of Government's payroll system by various players in the financial service industry and the ease with which civil servants could access unaffordable levels of credit and insurance cover.
The draft regulations proposed that no new discretionary deductions be allowed from 1 September 2000 and that all existing deductions be removed from the payroll system by 30 June 2001. The only deductions to be allowed would be statutory deductions, employee benefit deductions, amounts owing to the state, and deductions relating to collective bargaining agreements between the state as employer and trade unions registered in the Public Service Co-ordinating Bargaining Council (PSCBC).
The Treasury has received hundreds of written submissions from individual civil servants, organisations representing the financial service industry, legal practices, trade unions and individual micro-lenders. In addition to these submissions, the Treasury has also held meetings with numerous organisations and individuals. Many of the submissions support Government's view that there has been rampant abuse of the payroll systems and exploitation of employees. Almost all the submissions support the efforts of Government to clean up the payroll system and to regulate discretionary deductions.
The Treasury has received a number of useful inputs to solve the problems that have arisen around the current system of deductions. The suggestions include a cap on the percentage of an employee's salary that can be deducted, ways of consolidating both debt and insurance policies, and rules that will prevent the abuse of the system in future.
Government has carefully considered these recommendations and is encouraged by the commitment of the financial services industry to solve the problems on the payroll system. However, much more work needs to be done by both Government and the financial services industry to find a lasting solution to this problem. The solution needs to balance the needs of individual employees, the role of Government as an employer and the role of the financial service industry as a service provider.
Tomorrow, September 1, 2000, Government will issue final regulations in terms of the Public Finance Management Act stopping all new deductions from the payroll of the public service, including the SANDF and the intelligence services, with immediate effect. Government will use this opportunity to reduce the number of deductions on the payroll system and to monitor the indebtedness of its employees. However we will continue to talk to all parties who have an interest in this a matter in the spirit of finding acceptable solutions for all, particularly for lower-paid civil servants.
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Trevor A.
There is a remarkable South African novel published a few years ago - A place called Vatmaar, by a talented first-time novelist called A H M Scholtz, who lives in Mafikeng.
Vatmaar was a village in the Northern Cape, populated by South Africa's indigenous people, whom, in the apartheid years, were called coloured.
Scholtz opens his book with a description of Vatmaar: "A plot of two morgen cost 15 shillings - one week's wages for most working folks. This was just for the corner pegs which the town council surveyor came to show you, because only the corner pegs were yours not the plot."
The people of Vatmaar, Scholtz writes, had to pay another five shillings to the local white town for grazing rights.
When a new resident had got his plot, when it had been staked out by corner pegs, it was an occasion for a toast -"the luck" the locals called it.
But key to his description of a simple, rural village of almost 100 years ago is this phrase: "Vatmaar was poor, and yet we didn't know poverty."
It begs the obvious question: what is poverty?
Is it being trapped in a place called Vatmaar for generations Is it having the grazing rights taken away from you No longer even owning the wooden pegs around the plot?
Does it affect you more if you're a particular gender or colour?
Take a situation perhaps three generations after the Vatmaar novel is set. Another rural community, this time in what was called by the previous government, the "homeland" of KwaZulu-Natal, just before our first democratic elections of 1994.
A woman lives in an overcrowded rural settlement in the Table Mountain district near Pietermaritzburg. She can't work anymore as a domestic servant because she was knocked over by a bus and lost her leg so she sews - dresses, school uniforms, church clothes - for a living. Her husband has been retrenched, so her income is the only money her family earns. There are no taps in her area, and she can't walk the mile to the river to get water anymore because of her leg. Her husband won't walk because getting water is women's work.
So she pays school children R1 a day out of her meagre earnings to walk to the river to get water.
Is that poverty And how do we measure it By the lack of piped water By her lack of skills By the fact that she is woman, or that she is black Or by the fact that apartheid has confined her to living in an area like this. Or by all these things?
This story is true, and for us in government, the painful thing is that that truth still exists in some areas.
We live in a country with a large number of rural poor - in fact being black, being a woman, and living in a rural area almost a recipe for poverty.
In stark contrast to many other poor countries, South Africa is one of the few countries where there are more unemployed and poor people in the rural areas than in the cities.
out of the countryside.
The question is, how do we deal with it, how do we begin to undo it, how do we begin to build decent lives for our people.
The new publication by Stats SA, Measuring Poverty, which we are launching tonight, helps us answer that question. It does that by drawing, for the first time, a detailed map, district by district, region by region, province by province, of where poverty exists.
I have said before when talking about the work of Stats SA, that the dictum for us in government, is: "If we can't measure it, we can't manage it."
This new work by Stats is certainly the most far-reaching measurement that we yet have. It tells us for instance that 12% of our households don't have any toilet facilities. It tells us that more than half our households don't have a tap inside their dwellings, it tells us that 46% -- nearly half - of the households enumerated by the 96 Census - were living in three or fewer rooms and about a third of households live in shacks or huts.
It measures by income, by expenditure, and by development indices such as access to water electricity, housing, education and employment.
Importantly, this report tells us where the problems are most severe. By combining census and survey data, Stats SA has drawn up a poverty map. So the report tells us what the poorest provinces are - the Eastern Cape and then the Free State, what the poorest district councils are - the Wild Coast, and what the poorest magistrate's district is - Elliotdale, also in the Eastern Cape.
By mapping poverty indices, too, such as the toilets and taps and electricity we spoke about earlier, the report tells us that the province lacking most in sanitation is the Eastern the Eastern Cape, and then in KwaZulu- Natal.
It tells us about inequality between race groups and by gender, but also within race groups.
What it doesn't do yet - and probably we need this information to make informed policy choices - is to measure the level of inequality within an area. So in Gauteng, for instance, it tells us that Cullinan is the poorest place, with a mean monthly household expenditure of R2 083, and that Pretoria is the richest, with an average household expenditure of R6487. But it doesn't tell us specifically about the poverty within Pretoria.
But essentially the information provides us with the ingredients that go into making policy. Do we, for instance, develop the cities with jobs and infrastructure, provide educational services to the rural areas, but eventually aim towards an urbanized country, with functioning cities with no slums?
Or do we pinpoint rural areas with potential and encourage investment of industry and infrastructure there It is interesting that the Wild Coast is the poorest district in our country, when there is so much hype -and justifiably so - about its beauty and tourist potential. But what do we do to harness that potential, to sustain that beauty for the benefit of local people?
These are not only economic decisions. They are also political decisions. For instance, if people in the countryside are going to make a living off the land, and perhaps employ other people, we have to talk about tenure relations in those areas.
If we are going to talk about providing people with jobs, we have first to talk about how to provide them with the best, and most appropriate education and skills. Skills development is an obvious area for productive government-private-sector partnerships.
But building up of skills to help vanquish poverty and joblessness is surely not just a government task, but something that all who have an interest in the future of this country should commit to.
Investment in infrastructure to spur economic growth and to make inroads into poverty, is another prime area of potential co-operation between the public and private sectors.
The Stats report on poverty helps us to pinpoint where those interventions will bring the best returns.
We have much to be hopeful about in this country, not least the quality of intellectual work and the quality of public institutions that make such work possible. Stats SA is a fine example of critical, independent intellectual work that --precisely because it does not pander to the government --is immensely helpful to us. OK I can't pretend to understand sentences that begin like: "Given the vector for the parameter estimate beta and the vector of explanatory variable in the census X subscript cetc. etc" But the point is that our world-class statisticians can. More importantly the final report is presented to us, the government, and the public, in such a way that we can understand the actual dimensions of the problem we need so urgently to address.
I would like to warmly thank SA Stats, particularly its head Ros Hirschowitz, the quality group of professionals who worked on this report, and the World Bank for helping developing the data which will help us in our task of transforming our country.
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I noticed from your annual report that that one of your spiritual mentors is John Maynard Keynes. If there is one important lesson he taught all of us - particularly us politicians its this: When the facts change, I change my mind. What do you do sir?
What does that mean?
For business, it might mean diversifying, shrinking, cutting back or expanding. For us in government, it means grounding policies in fact, in the reality as best we understand it. And if that reality changes, then we must change our approach.
All of us in government came from the long struggle for democracy a struggle where the moral imperative was overwhelming. We needed to deliver democracy, and to measure whether or not we are succeeding because unless ordinary South Africans can see, feel, or touch democracy in their everyday lives, we have a problem.
Now that we have established democracy, we need to grapple with problems that may not be of our own making. They may be due to the legacy of what South Africa has been - its huge inequality - and it may be due to the processes of globalization, to the effects of the swoops and turns in the international economy; it may even be that we are affected by a speech of a candidate in the US presidential election.
The point is we need to develop a way to deal with those problems, even if we don't feel they're our "fault". We need to know what kind of decisions we'll take.
Because if we don't begin to solve unemployment, or poverty, or inadequate growth, or crime - then we don't transform our country into one that shows our people and the world that democracy can indeed deliver a better life for all.
It also means we can no longer afford to be guided by vague theories - on the left and the right, that don't find a place anymore - but that we need rather to actually tackle real problems. Because ordinary people experience real problems that are about issues of life, and that's what we need to focus on.
It's been something a surprise to me that our own business community is often slow to appreciate the actual realities in our country.
Here's an example: recently the World Economic Forum put out the Africa Competitiveness Report for 2000/2001. The report does two things: it ranks countries according to criteria gleaned from interviews with business people - in other words, according to perceptions. And then it ranks countries on the basis of objective - that is, scientific and measurable - criteria.
In those ranking based on perceptions, such as the "Improvement Index" constructed from questions about "a direction of change", we come 17 out of 24. And in the "optimism index", we rank 18 creeping in just above Zimbabwe, Swaziland, Cote d'Ivoire, Mauritius, and Namibia.
But on the basis of objective criteria, we are rated in the top ten in openness to trade, on lack of import barriers, on the availability of foreign exchange, and on tax policy. We rate highly in the quality of infrastructure and telecommunications. For instance, there are just under 1 million Internet connections in the country.
The economy is experiencing lower interest rates and inflation rates than it has for decades, and in fact the debate in this country around interest rates is not, as it is in many other parts of the world, will they go up or not, but will they come down or not.
It is interesting to note that in the European Union countries, statistics showed that after they'd won a big soccer game, the economy went up - because national confidence was boosted.
We need to boost our national confidence.
We have received upgrades in almost all our investment ratings, the latest being from Standard and Poor soon after the Budget, and our debt, as a ratio of GDP, is now about 47%. Not only is it on a downward trend, but its way below the debt/GDP ratio recommended by bodies such as the European Union in terms of the Maastricht criteria, even for developed countries. The level they put as an acceptable debt ratio is 60% of GDP.
These are some of the successes we have achieved during our short era of democracy. For instance, very soon after our democracy was established everyone said the provinces were going to collapse. But look at them now. In most, the financial management is so much better.
But sometimes we in government have to wonder whether our own business people, our own citizens, believe enough in our country. Look at the level of domestic investment, for instance, as a proportion of GDP.
Last year, it fell to 14.9% from 16.5% the year before.
Perhaps this could be attributed to the Asian financial crisis. But perhaps, too, it is motivated by factors more intrinsic to South Africa's past, and indeed, present.
We need to be frank about this. We know that we have a relatively small, albeit growing, black business sector. Business in our country, is still largely in white hands. When we look at the falling levels of domestic investment, we need to ask why?
Is it because some of our business people don't feel as South African as they used to Is it that with the economy opening up, both globally and locally, they are not competitive enough to stay in business?
We from government's side will do everything to assure all of our citizens that they are indeed citizens. One of my most pleasurable moments in government was last week when Callie and Monique Strydom returned home and met so warmly with the President. And then there was Gugu Radebe, held in another part of the world - OK in his excitement he forgot to say Nelson Mandela, he just said Nelson when he thanked our former president - but he too came home to safety. That shows us what we are. We are South African, we have spent the bulk of our lives here; we have no other home.
There are big things happening here - all sorts of exciting investments like that made by BMW. But how can we attract the foreign direct investment that we need to grow, if our domestic investment is lagging?
This is a challenge to all of us. At the end of the day, our citizens, all of us, will suffer from lack of growth. It is surely our commitment to each other and to our democracy that should make us at least open our eyes to the happily changed circumstances of our economy.
Your group's motto is Let's Do It Right. That's a motto that the whole country needs to adopt. We in government have begun to identify the challenges that face us all and to start trying to tackle them: Challenges that might inhibit investment, such as crime and the HIV/AIDS epidemic.
The President has also appointed an International Investment Council comprising some of the world's top business leaders who can both help us get the word out about South Africa's attractions, and can also advise us on how best to take up the challenge of globalization.
We are also blessed with a determined people who have everything to gain from economic success.
If we celebrate our successes and face our challenges we could become the engine-room of growth in southern Africa.
That surely must be an exciting prospect to local and foreign business whose expertise and knowledge of local conditions can open up important niche markets for them.
Already there are examples of this happening. BMW, for instance, has identified South Africa as the place to manufacture all its right-hand drive cars for export. CorningWare has established a major catalytic converter plant in Port Elizabeth.
These are not insignificant achievements. For our part, in government, we need to keep managing the economy prudently; we need to start curing the social ills of poverty and unemployment, and of crime and disease.
For your part, in business, you need to support us in that task, perhaps most of all by believing in, and investing in, our country.
That way we all go forward together.
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I should be intimidated speaking to an audience comprising the media and business about knowledge. Alter all you deal with facts each day. It's part of your bread and butter.
But it strikes me sometimes that things have moved so fast in this country in the past decade that sometimes we don't have the time to assimilate new knowledge, new facts.
Either we don't ask the question or we don't know the right questions to ask.
That came out very clearly last night when we went to launch the new Poverty report and map compiled by Stats SA. The report tells us more than we've ever known before about where poverty is in this country, what its key features are, and who its main victims are.
At the end of the presentation, a young man pointed to the differing maps of poverty that showed that Eastern cape is the poorest province, and Gauteng the richest. He asked why, if the conventional wisdom is that crime goes hand-in-hand with poverty, why the province with the highest crime rate was actually the richest.
Ros Hirschowitz, the acting head of Stats SA answered him and said that their data painted a completely different picture of crime in the country than the one we're used to hearing about or reading about.
Do you know what the most common crime in SA is Cattle rustling. And the second most common Bicycle theft. Its more common that car theft or hi-jackings. And who are mostly the victims of crime The poor?
Doesn't this tell a slightly different story than the one we're used to hearing?
As I approach middle-age, it makes me feel like pulling my age rank when I speak to younger people.
"When old people speak, it's not because of the sweetness of words in our mouths, its because we see something which you do not see."
We see something that you do not see.
Perhaps its not necessarily wisdom. But I must tell you that being in government and touching base with many of our citizens in very different life situations, I always feel that the one sees what the other does not or cannot.
For instance, I spoke to a group of Pretoria businessmen - they were mainly men - last night and another old man - but older than me - asked me whether the system of affirmative action didn't diminish the future for young Afrikaans men.
I'm not saying this feeling is not a serious one that we mustn't address seriously. But when the poverty report tells me that many more South Africans don't have toilets or taps or even proper houses, we're saying we need to worry about those feelings too.
We believe we need democracy in order to deliver. But without delivery, our democracy may not survive.
Delivery should be welcomed by all South Africans, because it promotes peace, it promotes development, it promotes prosperity.
We in the government can make a major input into delivery but we can't do it alone. But we have in our country a well-developed private sector, which has resources to work with government to develop our economy into one that is prosperous and competitive. And one that can deliver to our people. We already have a framework for this sort of co-operation in the public-private partnerships, a way to harness private sector investment into developing public infrastructure that will help both business and our citizens in the short and long run.
We have a framework to do this in the Skills development Levy, a fund designed to allow the private sector to help finance skills development in our economy. Given the seriousness of our skills shortage, one would think that long-term thinkers would have earmarked it as a priority. In truth, collecting the money is turning out to be harder than we expected.
But this aside, we are even concerned at businesses reluctant to do what business usually does: invest.
Despite out fundamentals looking extremely sound, our rate of domestic investment dropped this year to 14,9%.
This in a climate where less than a year ago, the Financial Mail reported, in a story headlined: "We've never had it so good."
The economy is looking up! Foreign investor confidence is growing. So why are so many South Africans so glum?
Economic fundamentals are falling into place - and the road to sustained growth lies straight ahead. South Africans have never had it so good. But a broad spectrum of South Africans lack confidence in the economy's ability to create prosperity and social stability.
But the payoff for the pessimists is probably psychological. Those who feared the worst from the ANC when the party came to power in 1994 are not necessarily happy to learn that the worst hasn't happened. And those who declared government's Growth, Employment and Redistribution (GEAR) policy dead on arrival are reluctant to admit it's alive and working.
Since that article was written we've tabled a Budget that was generally well received: our deficit, estimated at 2,6% looks set to come in even lower at around 2.4. The funds from privatisation have substantially lowered the interest on debt. And except for the rocketing oil price - something which in contrast to urban legend - is quite outside of my control - we are on track to meet our inflation target in the year 2002.
Today we just got good news about our second auction of inflation-linked bonds.
But some of the gloomy perceptions about the economy make us wonder. The Africa Competitiveness Report is an example of where perceptions rule reality.
"Had reason not given us assurance that day will daily break and the sun's array return to disarm night's fantastic figurations - each daybreak would be garlanded at the city gate and escorted with royal drums to a stupendous festival of an amazed world," wrote Chinua Achebe in his poem, Knowing Robs us of Wonder.
Well, knowing robs us of fear and prejudice too, and it is that appeal we make to our business sector tonight, particularly those who make investment decisions.
The old man who spoke to me about the worries of Afrikaans last night is not an isolated case. In today's Business Day, Harron Bhorat cites disturbing figures indicating an outflow of skilled labour, or university graduates of about 43,000 in the past six years. It's not only, as is sometimes believed, a racial phenomenon. Africa as a continent loses more capital and skills than anywhere else in the world.
The good news is that there is actually a rider to this reported today in Sake-Beeld under the heading: Advertsensie gooi Perth-cliches nou in trurat.
Its about a new SAA ad with the message that some of those who packed for Perth, and now repacking-this time for Port Elizabeth or Potchefstroom.
And the creative director of the advertising agency that devised the ad is quoted as saying: "Jy kan nie Afrika van jou afskud vir die prys van 'n vliegkaartjie nie."
But in the meantime, we're faced with a skills gap, not only because of emigration, but because of our history.
We know from other work that Bhorat has done, that your chances of getting a job in this country are practically nil unless you have some skills. Over the past 30 years, employment for those with tertiary education rose by more than 2000%, while for those without matric, it dropped by 24%.
So in order to create work for our people, we have to provide them with the relevant skills, the appropriate education, a foundation to compete in the world. That's why we spend more, as a proportion of GDP, on education than any other developing country in the world - some R51billion this year. It's the biggest single expenditure item.
We believe this is one of the key ingredients to development. That's why when we go to the IMF meeting in Prague later this month we're going to argue the case for you neighbours to be able to spend as much on this sort of development as we can. The reason many can't is that they spend more is that they're crippled by debt. Africa's external debt two years ago stood at US$319 billion and its total debt to GDP ratio was over 57%. In Kenya, more than 10% of their GDP goes on interest. In fact, for many countries, grants of development aid serve only to service their debt payments.
One of the problems is that the voice of Africa in the multi-lateral institutions is structurally a very weak one within the IMF. Out for instance, 43 African countries in two constituencies share 4.38% of the vote whereas the G7 countries between them have a 47.69% this is the biggest fault-line in the decision-making process.
When the IMF began soon after World War Two, it began as a credit union. Now it's more like a creditors union with powerful countries dictating the terms of development to the poorest part of the world.
Should we, as many of the demonstrators argue, simply join them in their call for the scrapping of the Bretton-woods institutions Its ironic that their call echoes one made by fairly right-wing US interests represented in the Meltzer Commissions that don't see why US taxes should go to help anyone anywhere else in the world?
Perhaps this is an option for countries that can raise capital ion the capital markets. But most countries in Africa don't have that option. Our easy access to the markets is an absolute exception in sub-Saharan Africa.
Making our presence felt more firmly in the world, on behalf of Africa is crucial to our own development. We cannot prosper surrounded by neighbours who cannot provide their citizens with decent lives. SA our President said at the Millennium summit today, if the rich do not respond to the appeal of the poor, "all of us including the rich, will pay a terrible price."
This year, as chair of the Board of Governors, and as chair of the poorest group of African countries, we will try to broach the question of voting rights and representativity on the Fund in a co-ordinated way, asking other governors to support us. We won't get immediate results. We don't expect to. But we believe that as small as we are we punch above our weight in these institutions and we hope to spark some degree of conscience and pragmatism in the developed part of the world about the poverty and suffering in our part of it.
Many might be dismissive of our efforts to do this, but remember in the mid-eighties what they said about our ability to bring democracy to South Africa.
Alan Greenblo, the publisher, told us a story the other day of how, on February 1, 1990, he hosted a breakfast where Murphy Morobe spoke. Murphy spoke hard about the need to release Madiba unconditionally.
After the breakfast, says Greenblo, he had numerous businessmen come up to him and said they'd never heard such communist trash in all their lives.
We know what happened the next day; we know what's happened since.
Let's not let our prejudice continue to blind us to the hope and potential that we find all over our country.
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In terms of Section 32 of the PFMA, the National Treasury is required to publish a statement of actual revenue, expenditure and borrowing with regard to the National Revenue Fund. This new statement will replace the old statement that was published in the middle of the month. The last cashflow statement in the old format was published on 14 July 2000.
This was the statement on exchequer issues and receipts published on the second Friday of each month. It contained cashflow information and was therefore not in line with the new Public Finance Management Act (PFMA).
The first statement in the new format was published on 2 August 2000 and is available on the National Treasury website, www.treasury.gov.za. As from the end of September only one statement will be produced, containing not only the actual revenue, expenditure and borrowing information, but also a cashflow statement for the previous month.
The new Treasury publication provides a more accurate picture of the budget outcome at the national level, as it reports on actual revenue, expenditure and borrowing of government on a month by month basis. This is a first move by Treasury towards accrual reporting, as this report is based on information in the General Ledgers of government.
Monthly historical information on revenue, expenditure and borrowing will not be published in the new format at this stage. The historical information is available on an annual basis in the statistical tables of the Budget Review document produced by National Treasury. The Budget Review is available on the Treasury website. However, a full history on the cashflow statement is available in the old format.
The new reporting dates are included in the table below and have been posted on the National Treasury website along with this release. The next national revenue, expenditure and borrowing statement will be published in the Government Gazette on 29 September 2000. This statement will also be available on the Treasury website.
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Notes for a speech by the Minister of Finance on economic development and reparations to the Institute of Justice seminar, St.
"They had returned home, and with passion and relief were describing their past sufferings, addressing themselves to a loved one, and were not believed, indeed were not even listened to. In the most typical (and cruellest) form, the interlocutor turned and left in silence."
The cruelty of silence is something that we rejected through our establishment of the Truth and Reconciliation Commission. We know, through our own experiences, and from listening to the thousands of victims who came before the Commission, of the appalling pain and loss that too many suffered in our land.
But unlike the Holocaust, we were not in a situation where a silent majority had colluded with the atrocities inflicted on minorities. We are a society that has experienced systematic and legally framed oppression of a majority by a minority.
The sustained cruelty of the system left its mark on every black person in the country. The cruelty of forced removals, of inferior education, of economic repression, of pass laws, of statelessness, of racism.
Today we live in a situation where the former () victims have political power. But the past hasn't left us. The mark of cruelty is still manifest in the poverty we suffer, in the inequality in our country, in the appalling legacy of inferior education, in ongoing racism?
In his book, The Warrior's Honor, the journalist Michael Ignatieff, poses the question of whether truth can heal past injustices.
"When it comes to healing," he writes, "one is faced with the most mysterious process of all. For what seems apparent in the former Yugoslavia, in Rwanda, and in South Africa is that the past continues to torment because it is not the past. These places are not living in a serial order of time but in a simultaneous one."
In a substantial way, our yesterday and today are not the same.
The Poverty Report, which Stats SA has published, tells us as much about our past as about our present.
For instance, the poorest province is the Eastern Cape, not a big surprise. But the second poorest, contrary to all our expectations that it be some other province that swallowed up various "homelands", is actually the Free State.
The Free State has always been known as a relatively well-off farming area. What does this tell us about the continuing oppression, the continuing burden of poverty that farmworkers face?
This is the legacy we're grappling with in South Africa.
Our central challenge then must be the challenge of development. To promote sustainable, but rapid development must be the most meaningful form of reparations for the vast havoc that apartheid wreaked on the lives of our people.
How do we begin to count the cost to, say, the man from Pageview whom the photographer, David Goldblatt tells us had to cut twelve inches off his marital bed, a bed specially carved by his grandfather, so that it could fit into the box-like house in Lenasia where he was forced to move?
Or a thriving stock farmer who once lived in the Tsitsikamma, who practically gave away his cattle to other farmers because he had to move, in a government truck, to a patch of land in the Ciskei. Why Because he was black, and the farmers who profited from his desperate sale were white?
Or a young mother in a former homeland, who, at last, when she can move to the city in search of work, hasn't got the skills to find it.
Our challenge then is not only to make sure that the atrocity of apartheid never happens again, but also to wipe out its legacy.
It is the challenge of development, but specifically it is the challenge of sustainable development. It is the challenge of spending effectively so that we give relief to the poor today, but to invest enough for tomorrow so that our children have a future.
That is why we have to apply our minds to two kinds of spending --spending for today to begin to fulfil the promise of a better life for all - and spending for the future, which is investment spending.
This philosophy explains why the biggest slice of our budget goes into education. At R51-billion its our biggest single expenditure item, and could be one of the few defined as both consumption and investment expenditure. It's a sign of how seriously we take it that, of all developing countries, we spend the biggest proportion of our GDP on education.
In the past six years, we have actively redistributed state spending, particularly on school education. For instance in 1993, the poorest 40% of our people got just under 46% of the total budget for school education. By 1997, this had increased to a total of 57%.
In 1991, the average black child was likely to be in a classroom with 44 classmates in primary school and 36 in secondary school. By 1997, this had changed to having an average primary school class of 37 in primary and 32 in secondary schools.
The same redistributive pattern is evident in expenditure on health, social security, housing and water.
In racial terms the patterns are starker. On school education, we've moved from a position when black people got 58% of the public money in 1993, compared with 79% in 1997. In housing it moved from 53% in 1993 to over 80% in 1997, and in water from 71% to nearly 81% in the same period.
So in trying to meet the challenge of development, we have had to concentrate on these two aspects: increasing the immediate quality of life through redistribution, but ensuring that it is sustainable.
Through the delivery of services we hope to cut the costs of being poor because, as Francis Wilson once said, being poor is very expensive. It means paying a premium for water; it means paying a premium, either in money or time, for fuel. How many generations of women and children have lost out on schooling or on the chances of finding better paid work because most of their energy has been consumed with this kind of toil simply to cook, or to keep warm or clean?
Yes, the road to reconstruction and development is arduous. We are still faced with a significant unemployment problem, which is hard to break out of until the level of our domestic and foreign investment improves. We know the unemployment problem is particularly severe among African youth and women, those who suffered the worst consequences of inferior education. For instance, it's about 19% for men and a shocking 28% for women.
To deal with this challenge effectively, we need to measure the problem as precisely as possible. Why are women and youth, for instance, the worst-off victims How does it inform our quest to repair the nation?
Governance is about making choices: it's about making choices between immediate relief - consumption spending - and about investment spending.
A major myth perpetrated about the democratic government is that the government "abandoned" the RDP for GEAR, as if the two were somehow not only mutually exclusive but actively antagonistic policies.
It is worth re-iterating the ANC resolution on economic transformation adopted in Mafikeng in 1997. "The emphasis in the RDP on macro economic balance has been a consistent part of ANC policy and has been mentioned in every policy document since 1990. The strategy for Growth Employment and Redistribution (GEAR) aims at creating the environment for macro-economic balances required for the realization of the RDP. In this, therefore, the GEAR does not seek to displace the RDP."
But above all, this notion that RDP was scrapped for GEAR is a myth because the cornerstone of our government is precisely reconstruction and development. There could not be a separate department to focus on one area while the rest of government gets on with its "normal" work.
It is an exceedingly difficult task. As dangerous and as difficult as our struggle for democracy was, with all the sacrifices that so many of us made, the task of development is daunting.
One of the problems we face is one of human capacity. The Auditor-General has shown us several examples in the recent past when the resources, for poverty relief, for infrastructure development, were there but not properly deployed.
History is not fate, but we live in a world not of our own making. Our own history, and the mark it's left, has not been of our choosing and neither is the global context we live in.
We live in the poorest continent on earth, a continent of 700-million people that has fewer telephone connections than the tiny island of Manhattan.
We live in a world where the standards of living in the developed world have increased by leaps and bounds in the 20th century but where increasing numbers of the global population - now more than half by the World Bank's estimation - live on less than $2 a day, in "dire poverty".
"Part of the naked truth," said our President Mbeki at the UN Millennium Summit last week, " is that the second millennium provided humanity with the capital, the technology and the human skills to end poverty and underdevelopment throughout the world.
"Another part of that truth is that we have refused to use this enormous capacity to end the contemporary, deliberate and savage violence of poverty and underdevelopment."
We live in a world where more people were killed in the twentieth century in wars and genocide than in all of human history before.
In the past decade alone we have witnessed the atrocities in Rwanda, in the Balkans in Europe, and in other parts of our own continent.
But we also live in a world of hope.
"There is no reason to despair," wrote Michael Ignatieff in his much-acclaimed book three years ago. "For every society like Afghanistan mired in ethnic conflict, there is a South Africa making its arduous journey back from the abyss."
So let us not forget that what we've achieved here has brought hope to the world.
Our task now is to understand, and act. Our economic policy must be concentrated on uplifting the poor, repairing our country, and on making it sustainable into the future.
Not to act on the economic legacy that apartheid has left us would be akin to Primo Levi's cruel silence.
Extract of speech delivered at Institute for Justice seminar, Cape Town, 14 September, 200.
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Cabinet, on the advice of the Minister of Finance, Mr Trevor Manuel, has declined to approve the proposed merger between Goldfields and Franco Nevada Mining Ltd, which would have involved Goldfields moving its primary listing from Johannesburg to Toronto.
The companies had proposed that the merger be executed through a share exchange whereby Franco Nevada would have acquired all the shares of Goldfields. In effect, the proposed transaction was structured as a "reverse takeover". In terms of Canadian tax law, the new firm would have had to have its primary listing on the Toronto Stock Exchange.
Although the new firm would have maintained offices in SA, it would have become a wholly owned subsidiary of a Canadian company.
Approval for the merger would have set a precedent. There is no opposition to some firms listing off-shore if they meet certain criteria. In this case the criteria were not met. The proposed transaction was driven primarily by the constraints imposed by Canadian tax and financial regulation requirements. Had this transaction been allowed we would have in effect made a policy decision premised on the legal requirement of a jurisdiction other than our own.
The proposed merger would potentially erode the mining tax base, which has been declining since the 1980s.
The proposed transaction does not fall within the current exchange control policy regarding foreign listings, which is guided primarily by an evaluation of the potential benefits to the South African economy. We were not convinced that the proposed transaction could not have been achieved through the retention of the primary listing on the JSE and a secondary listing through the TSE. No strong case was made that the merger would have present or future benefits for the South African economy.
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MULTILATERAL INVESTMENT GUARANTEE AGENCY Press Release No.
Opening Address by the Chairman, the Hon.
President Václav Havel, my fellow governors, your Excellencies, ladies and gentlemen.
It is a great privilege to welcome you to the 2000 Annual Meetings of the International Monetary Fund and the World Bank Group. On behalf of the Boards of Governors, I would like to thank the government and people of the Czech Republic and in particular the people of Prague for their generous hospitality in this beautiful and historic city.
I am particularly honoured to chair this year's meetings as a Governor from Africa-a continent that recognises and appreciates the valuable support and assistance of these core institutions of the international economic system. In this context, we are determined to help strengthen the work of the Fund and the Bank.
Let me warmly welcome Mr. Horst Köhler, the new managing director of the IMF and wish him well in guiding the institution during this particularly challenging time. I would also like to express my deep appreciation to Mr. James Wolfensohn for his acceptance of a second term as president of the World Bank Group. I am certain that, together, Mr. Köhler and Mr. Wolfensohn will work hard to implement our wishes to continue to strengthen the Fund and the Bank so as to ensure that the benefits of globalization can be enjoyed by all. I would also like to express my appreciation to Mr. Michel Camdessus for his dedicated and inspired leadership of the IMF during his 13 year term.
Today we extend a special welcome to the delegation of San Marino on their accession to membership into the World Bank Group.
There is a story that Václac Havel tells of this beautiful city, long before he was president. A stone window ledge had fallen from a building and killed a woman. A local writer commented that the public outrage that ensued was too parochial and failed to recognise humanity's enormous progress. The next week, when another window ledge fell, the public wisely ignored the writer.
Window ledges in Prague in the 1960s may be in another space and time from, say, a health clinic in Mozambique that is washed away by the floods, but the lessons are the same. The lesson then, as now, is that unless we take account of our reality and are prepared to do something about it, nothing changes.
When we think about globalisation, about progress on the one hand, and increasing poverty on the other, we must not forget the specifics that add up to a new generation of human suffering that afflicts nearly half the world. We need to understand the dimensions of poverty, but more importantly, we need strategies to combat it and the faith that we can change things. We must take responsibility for our destiny and ownership of our future.
The latest World Development Report highlights some of these specifics whilst recognising some of the successes in attacking poverty. Importantly it accepts that those of us who bear the burden of poverty and inequality are best placed to shape the strategies to overcome it.
There is a Nguni word in our country which captures the cusp of history we occupy: Umsobomvu. It means the dawn. A time of awakening. Of struggle. Of hope.
As the mist lifts on the early morning of the new millennium, the challenges of the day become apparent. Looking back, the progress of the past fifty years is astounding. We live in a world where technology has enabled us to transcend geographic boundaries. Where news is instant and information is abundant. A world where telemedicine allows a surgeon in New York to assist in an operation in rural Brazil. A world dominated by real time, where the decisions of a trader in London can alter the future of a child in South Africa. A world where the fee on one financial transaction can pay for the education of all the children of a village in India. A world of unprecedented prosperity. But it is also a world of unprecedented inequality and poverty.
In his opening address to the July 1944 conference that would establish the Bretton Woods Institutions, US Treasury Secretary Morganthau referred to the 'great economic tragedy of our time' - the pre-war depression, that would (among other factors) eventually lead to the outbreak of the World War II. It was to prevent the repeat of depression and war that the Bretton Woods Institutions were formed.
The great economic tragedy of our time is poverty. We have yet to overcome this tragedy. The spirit of that July 1944 meeting is worth evoking. Two axioms were proposed by Morgenthau, first 'prosperity has no fixed limits the more of it other nations enjoy, the more each nation will have for itself'; and second, 'prosperity, like peace , is indivisiblepoverty, wherever it exists, is menacing to all and undermines the well-being of each of us.' It was in this spirit that the World Bank and the IMF were born. It is to this spirit and this vision that we have to recommit ourselves today.
Despite all the progress we have made since 1944, we still live in a world where billions of people wake up every morning to hunger, disease, poverty, and despair. A world where, despite the advances in wealth and technology, we have not been able to breach the poverty gap.
It is particularly disconcerting that globalisation has had little impact on the tragedy of poverty. The latest World Development Report reminds us that some 2.8 billion people, almost half of the world's population, live on less than $2 a day and that 1.2 billion people live on less than $1 a day. Most of these people are located in South Asia and Africa. What is even more disquieting is that this tragedy is experienced at the same time that unimaginable riches are enjoyed by a small number of the world's economies and individuals. The income gap has doubled in the past 40 years. And while life expectancy in parts of Africa and Eastern Europe is actually declining, life expectancy for the world as a whole, as President Wolfensohn reminded us last year, increased more in the past 40 years than in the previous 4,000 years.
The stark statistics, which we are all familiar with, not only highlight the inequality and the slow pace of development, but perhaps more importantly point to the unequal distribution of opportunities and resources.
All of us today face the urgent task of making sure that the benefits of globalisation are equally spread. We welcome the rededication of the Bretton Woods Institutions to the cause of reducing poverty. In so doing we must recognise that the raison d'etre - the overarching purpose of the Bank and the Fund - has remained essentially the same: To oversee the process of globalisation, and facilitate the integration of the nations of the world into the global economy in a mutually beneficial way.
The Fund and the Bank have a vital role to play in ensuring that we arrive at more equitable outcomes and improve the quality of life for all. Yet to do this we must give a stronger voice to the shareholders of our institutions. We must ensure that the mechanisms exist for meaningful participation and greater transparency in decision-making.
Growing inequality poses the greatest risk to the future of the global economy. If the majority of the world's population is increasingly marginalised and economically disenfranchised, then globalisation will fail. As custodians of the institutions that provide the anchor to the global economic system, we have a responsibility to ensure that globalisation translates into a better life for all the peoples of the world.
The global economy has never been more prosperous. The opportunities for growth and sustainable development have never been greater. The challenge we face is to harness this potential. We must not be blinded by the prerogatives of wealth and influence so that we ignore or avoid dealing with poverty and inequality.
The robust state of the global economy is due in no small measure to the success of the fundamental reforms undertaken by developing countries. Their boldness needs to be matched by the richer countries. The consolidation of the recovery in Asia, and the strong growth expected in China and India, the improved activity in Africa, and the rebounds from last year's slowdowns in Latin America and the Middle East have contributed significantly to the improved outlook. Growth in Eastern Europe is expected to be strengthened by continued macroeconomic reforms, as well as the better than expected recovery in Russia.
Despite the positive outlook for the global economy, there remain significant risks to sustainable growth. In particular, large economic and financial imbalances and persistent volatility characterizes the three main currency areas. The possibility that these imbalances might unwind in a disorderly fashion remains a risk to global growth. The recent increase in oil prices, if sustained, will also hamper global growth and increase inflationary pressures, and will adversely affect oil-importing countries, particularly the poorest.
Structural reforms aimed at improving competitiveness, reducing external vulnerability and supporting broad-based development need to continue in all countries in order to strengthen prospects for sustained economic growth.
The positive outlook for the global economy masks the problem of continued widespread poverty and inequality.
Let me focus on Africa. Our continent has the most catching up to do with projected growth for 2000 at 3.5 percent. This in itself is a significant achievement, given huge terms-of-trade losses and natural disasters, and is the product of concerted macroeconomic reform across most of the continent. But it is still far below the 5 percent annual growth that is needed simply to keep the number of poor in Africa from rising. The goal of halving severe poverty by 2015 will require annual growth of more than 7 percent.
As Africans we face a number of critical challenges. While Africa contributes an important part of the resources critical to world growth, its capacity to process these and its share of world trade are insignificant and our share of global foreign direct investment remains miniscule.
Addressing these challenges means that we must remain focused on a number of important priorities: ï¿½ First, sound and sustainable macroeconomic and development policies are essential. Fiscal deficits are on average far lower than they were a decade ago, falling from almost 7 percent of GDP in 1992 to an estimated of 2.6 percent in 2000. Inflation has been significantly subdued, with the average inflation rate for sub-Saharan Africa at around 6 percent. We must continue to build on the gains that we have achieved. Achieving macroeconomic stability and sustainability is hard, but it brings with it choice and control over our own destiny. But stabilization is not enough. It needs to be followed by sound growth strategies designed to create jobs and overcome poverty.
ï¿½ Second, increasing the level of savings and investment in our economies is critical. Although capital flows to developing countries increased about seven fold in this decade to 270 billion dollars, sub-Saharan Africa's share of this total was barely one percent. Foreign investment is essential, since all of Africa, with the exception of Botswana, faces a balance of payments constraint. But more important is creating the environment for domestic investment.
ï¿½ Third, bridging the digital divide is a new challenge. There are 19 times more Internet hosts in the United States than in the whole of the developing world. It is this gap that we must overcome. Evidence suggests that it is possible to leapfrog stages of technological development to spur economic and social advancement. Investment in both infrastructure and human resources in this area is therefore critical.
ï¿½ Fourth, HIV/AIDS is our living nightmare. This pandemic is one of the biggest challenges we face. We welcome the $500 million facility approved by the World Bank Board for programmes dealing with HIV/AIDS. It is estimated that some 33 million people worldwide are living with HIV/AIDS. About 70 per cent of these are in sub-Saharan Africa. The rapid rise in adult deaths is leaving an unprecedented number of orphans - some 11 million worldwide, over 90 per cent of them in Africa.
ï¿½ Fifth, too many countries on our continent continue to be mired in conflicts which seem inexplicable and intractable. These conflicts destroy life. They destroy the future of millions of ordinary people. And they destroy our humanity.
In summary we need to remain focused on economic reforms and building the institutional capacity that will ensure that the gains we have already made are enhanced. Our fiscal policies must remain focused on social development and infrastructure. We need to invest in education and training to overcome the significant skills gap that characterises most, if not all, our economies. We must continue to strengthen our democracies by strengthening the institutions that underpin them - parliaments, the legal system and civil society.
However, while there are many measures that African countries can take, it is important not to lose sight of the fact that sustained growth in emerging markets and other developing countries must be seen as a global project. Whether or not developing countries are able to benefit from the fruits of global growth, depends not only on their own efforts, but also the efforts of those developed countries with which they share the global arena.
As long as developing countries remain debilitated by unsustainable debt burdens, required growth rates will not be achieved. Debt remains one of the major obstacles to sustainable growth and development. The enhanced HIPC Initiative agreed to at the G7 meeting in Cologne last year has yet to be fully implemented. Full funding has yet to be realised. The cumbersome process means that only half of the countries expected to reach their decision points by the end of this year, are likely to do so. The challenge is three-fold: First, the G7 must honour commitments they made in Cologne. Second, the process must be streamlined. Third, we must uphold the principle that the clear separation between the financing of the HIPC Initiative and donor commitments to finance IDA's new lending is observed.
Another issue that we must give attention to is the burden being placed on bilateral debtors who are not Paris Club members to provide debt relief on comparable Paris Club terms. Unless wealthy countries take responsibility for a larger share of debt reduction, a disproportionate burden will fall on poor and middle-income countries who have often been creditors in the spirit of good neighbourliness.
Let me now turn to a more universal problem, that of governance. Improving governance is essential. It is the responsibility of governments across the world to ensure that limited resources are effectively channeled to areas of need. Over the last decade, good governance has sadly become a standard conditionality in contracts between borrowers and lenders. I want to suggest that this is not where these conditionatilities belong. Rather, they belong in the contract between a government and its people. Good governance has to be more than a euphemism for corruptfree governments. It is about ensuring that elected office is the channel for the delivery of goods and services to citizens and not for the enrichment of those in office. Poor governance compromises the integrity and legitimacy of the state and sacrifices the future of the poor. The strong stand taken by many of our governments against corruption must be further strengthened and supported.
Despite substantial progress made in liberalising trade regimes in developing countries, these countries still have difficulty in benefiting from an improved global trade regime. The rest of the world is open only on a selective basis. The integration of world trade requires equal access for all countries and for all products and services. Advanced country trade policies require urgent reform. Fair access to the markets of the developed countries is critical to sustainable growth and development. OECD subsidies continue to reach record levels, and barriers to trade remain a fundamental obstacle to overcoming poverty. The benefits of trade liberalisation far outweigh the costs. It is imperative that we urgently refocus our efforts on a comprehensive and equitable conclusion of a new round of multilateral trade negotiations.
Lastly, the continued decline in official development assistance is of great concern. Given the substantial savings gap in the poorest countries, debt relief is unlikely to be effective in helping our countries fight poverty without well-targeted aid. The added cost of dealing with HIV/AIDS and other communicable diseases only underscores the importance of additional financial assistance. The rich countries have never been richer, and the poor countries have never been more capable of managing aid; the decline in development assistance is inexcusable and should not be tolerated by civilized and compassionate societies.
iii.
Global institutions continue to have a critical role to play in addressing the fundamental structural weaknesses and imbalances that confront us. Growing inequality and persistent poverty, on the one hand, and the heightened fragility of the global economy on the other, mean that the World Bank and the IMF continue to have a vital role to play. In order to respond to this role, these institutions have to reflect the needs of those that they are designed to serve. This means not only a reconsideration of the governance structures, to give a greater voice to developing countries, but also a greater appreciation of what developing countries expect from the Bretton Woods Institutions, in terms of programmes and products. Poor countries, and even the majority of middle-income countries, remain excluded from capital markets. Those that believe that private markets can substitute for the Bank and Fund and other development finance are fundamentally naïve and simply reflect their own distance from our complex reality.
It is important that the voice of developing countries be heard more strongly in the Bank and the Fund. We must ensure that we can exercise ownership in a manner far beyond the outdated formulae, which currently govern quota distribution. Ownership of programmes means countries take responsibility upfront, which in turn requires a shift to enabling conditionality and away from micro-management. Let me be clear: developing countries need a greater voice in providing strategic direction to the Bretton Woods Institutions to ensure greater effectiveness and credibility. For this reason, it is imperative that the forthcoming discussions on quotas are viewed from the perspective of the needs of global development, rather than merely from the perspective that economic might is right.
We share in common a vision of the world, free from poverty. A world where our unique collective intelligence and creativity can be used to enhance the well being of all people. In parts of the world, including in this wonderful city, the promise and potential of this economic liberation is becoming evident. But for most people there has been no escape from grinding poverty. And because the hints of wealth from elsewhere have brought no escape, hope hangs on a thin thread. The challenge is to turn despair into hope. Hope, which is based on the knowledge that the world cares. Hope rooted in our common humanity and our determination to ensure that our children and their children will enjoy a life rich in opportunity and free of poverty.
In declaring these meetings open, I can think of no better words than those spoken by John Maynard Keynes, in his closing address to the original Bretton Woods conference. They have no less resonance with reference to our contemporary tragedy, than they did in reference to the tragedy out of which the Bank and Fund were founded.
'We have been learning to work together, if we can so continue, this nightmare, in which most of us here present have spent too much of our lives, will be over. The brotherhood of man will have become more than a phrase.'
Our task is to turn words into deeds. In this we cannot, dare not fail.
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In order to increase liquidity of the government bonds, the National Treasury will hold exchange auctions. The National Treasury has already announced details of the bond exchange programme. The National Treasury's Terms and Conditions of Exchange states that switch auctions will be pre-announced in the quarterly auction calendar. The National Treasury will schedule switch auctions for the forthcoming quarter on the last working day of the preceding quarter.
It should be noted that, since the majority of the market participants prefer a yield based method, the National Treasury has announced that this method, instead of the initially proposed price based method, be used.
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One of the organisers asked me tonight whether I was going to make a "groundbreaking" announcement.
We were puzzled because we thought I'd already done that.
Yesterday we announced the Adjustments Estimates - the adjustments to the main Budget that Parliament votes because of contingencies or unforeseeable expenses.
I told parliament that one of the unforeseeable and unavoidable expenditure items came from the Department of Environmental Affairs. It was for the replacement of six fuel storage tanks that were lost when they floated away on a giant iceberg that broke off the ice shelf near the Antarctic.
The iceberg is high - 35 metres - and wide - the size of 17 rugby pitches or so, according to a scientist who was there. Our ship couldn't reach it. Our helicopters couldn't winch up the tanks because they were far too heavy; and although help was offered by a German ship in the area, and Russian ships and helicopters, it was to no avail.
We concurred with Environmental Affairs that this incident was both unforeseeable and unavoidable - and, actually, in terms of the whole budget, it was a tiny amount - some R1, 2 million.
Maybe that announcement wasn't exactly groundbreaking, but at least it was ice-breaking, even if some of the media suffered severe sense-of-irony failure and had the Finance Minster warning about global warming and saying it was all Valli Moosa's fault!
But there is another lesson that comes out of the story of the disappearing fuel tanks. And that is the world doesn't always conform to our wishes, or even our best-made plans. We have world-class scientists at our base in the Antarctic. We think we've got pretty top-notch economists who help us draw up the details of the Budget after our elected representatives have agreed on our policy priorities. But there are some things we can't plan for like floating icebergs that carry away our tanks, or a host of other more serious disasters like the floods which washed away so many of our people's meager shelters.
The world is not one of our own making. But just because that is so, does not mean that we just fold our hands and accept that there's nothing you can do about it, because engaging with it is part of our quest to make our people's lives better and to make our democracy work.
We have to draw on the best of our collective intelligence to deal both with what we know and what we don't know. Because we need to engage with his world.
This week, was a particularly difficult one in our world. Oil yesterday reached $37 a barrel at one point - the highest price in a decade. In February of this year, the same oil was being pumped at $10 a barrel.
The trauma and the violence of the conflict in the Middle East touched us all - not only in our hearts but also in our very lives. Surely there's not one of us here who didn't weep to see that picture of a father trying to shield his child when he was shot. "The Middle East," reported the normally sober New York Times today, "is on the brink of an open war."
"Things fall apart/ the centre cannot hold/ The best lack all conviction while the worst are full of passionate intensity."
Its been a week of violence and conflict that echoes much of our own debates and the struggle we went through; its been a week where democracy has struggled to take hold in Yugoslavia; a week where the spin-off effects have knocked the Euro and the currencies of developing countries including our own rand. Its been a week on a roller-coaster - and I use that phrase because of the young life in Mitchell's Plain lost when a child fell from a roller coaster.
And it's a period where the most powerful country in the world has turned decidedly in on itself in preparation for the presidential elections.
Just two weeks ago we returned from Prague where I chaired the annual meetings of the International Monetary Fund and World Bank. There, there were scenes of more violence and discontent on the streets.
But at the same time, the African countries, including of course ourselves, tried hard to put the issue of growing world inequality on the international agenda.
We know that many of our neighbours are struggling to pay interest on debt, to the extent that they cannot invest in the education and health and welfare because they are dealing with the burdens of the past. We know too that the voice of Africa in those multi-lateral institutions - set up in 1944 with a vision to use the harnessed power of the world's humanity to combat the suffering that goes with economic powerlessness - is structurally small and weak. We said that we need to build a different kind of future.
We know that we live in a world where there are more telephone connections on the tiny island of Manhattan than there are in the whole of sub-Saharan Africa. We are Africans. We live on the poorest continent in the world.
We can rail against globalisation all we like, but the reality is that the world is becoming increasingly more integrated. The writer, VS Naipul, who set his novel " A Bend in the River" in Kisangani in the Congo wrote there: "The world is what it is; men who are nothing, who allow themselves to become nothing, have no place in it."
Phillip Gourevitch, a young American reporter who recounted the horror of the genocide in Rwanda in his book, asks the question of the Congo today: But what if a country of nearly 50 million men, women and children become nothing What is its place in the world?
We cannot afford to become nothing in the world because, if we do, we betray every hope vested in us by our people who have fought so hard for a decent system that would allow them to simply be human beings who can hold up their heads with pride and accomplishment anywhere they go.
Most of you here tonight are people who have become precisely that. Human beings who can walk the world with pride. Many of you have struggled against the legacy of inequality and the cruelty of racism precisely to become something.
We are giving out awards tonight to honour those achievements - because they are no small achievements given the paths that so many of us have walked.
That is one reason why we put so much of our budget into education. At R51 billion it's the single biggest expenditure item in our budget. We should reflect on the fact that it's about the biggest slice spent on education of all the developing countries because it is what stands between the vast gap we have to overcome between our past and future. We need to concentrate in developing our indigenous human intellectual capital.
I was reflecting too on Australia and what they did to develop (now the Oz dollar has taken a beating, and what did they do wrong Maybe we're just too far south). But two decades ago the Australians were very poor. They became rich because of what they invested in human capital. Now they can afford to sit for two weeks in a stadium in Sydney and watch the Olympics?
We are faced here with the legacy of apartheid.
This is now what we have to correct. It must be one of the priorities of our country, because if we cannot provide our people with the skills to compete not only in their own country, but also in the world, then our future is not our own.
Many of you who are graduating will become our business leaders of the future. It is you who will make decisions about investment, about spending. It is you who, as much as the government, will shape the future not only for yourselves but for all our children.
It is worth reminding ourselves that we live in one of the most unequal countries of the world. That hasn't gone away just because some black people are now rich.
Along with Brazil, we have probably the highest gap between rich and poor in the world.
Just as the huge inequalities in global wealth are unsustainable, so are the inequalities in our own country. If you are going to make a successful future here, we need the stability that comes with comfort and security for all our people.
That is why we need to work together - academic institutions such as this, the private sector and civil society. It has to be the burden of this generation. It has to be touched, smelled and lived; we just can't walk away from it.
But development is an arduous task and we still have a long way to go.
One of the biggest challenges we face - in terms of propelling economic growth so that it can better sustain our people - is to increase the level of investment, particularly domestic investment. Our domestic investment has dropped slightly from 16.5% to 14.9% in the past two years. The tough decisions taken by Government need to be supported by the private sector and in our private lives.
Business confidence has not shown the same sense of security as our fundamentals. If you look at the Africa Competitiveness Report produced earlier this year, in all the indices that were calculated on the basis of interviews with business people - in other words on perceptions - we rank in the bottom 10. But in all the indices that can be measured on the basis of objective criteria - like some of those things I've just mentioned - we rank, often in the top 5.
We have to ask why?
One reason may well be to do with another part of our legacy: the high inequality in access to the formal economy on a racial basis. Black people still are represented only in a small number of businesses and are generally weak in the private sector.
We need to change that. We need a strong private sector.
Black economic empowerment is not only good for the individuals who are empowered - it's vital to correct a skewed economy.
It's also vital for our democracy. Too many times in Africa the place where people thought they could grow rich was through the government, so you had the building of kleptocracies, and we have to guard against that.
So these are two of our key challenges: to raise the level of domestic investment and to empower more of our people to take an active part in our economic affairs.
And all this adds up to the challenge of ensuring that we are something, not nothing in the world.
To take our place in the world, and to make it a more equitable place, we need peace, stability, prosperity. Each of us can do something to achieve this. For those of us like yourselves, empowered with education, with skills, with heart and with humanity, we look especially to you as partners in our future.
This is the challenge of the moment; it's the moment that belongs to all of us. Let's make the best of it.
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Thank you for inviting me here today, Professor Olivier, fellow speakers and ladies and gentlemen, to address your seminar.
Intergovernmental Fiscal Review, which gives us keen insight into how our provinces are delivering the most crucial parts of our national budget: education, heath and welfare.
It is not an easy time in the world.
That's a truism. It is also a truism that those of us in government have learnt that we not only have to be thick-skinned, as indeed all good politicians need to learn, but also how to take the blame for everything, including those things outside our control. When OPEC raises the oil price, when that price is driven up by a seemingly intractable situation in the Middle East, we know that we, as a country, must not only take the pain, but we as government often get the blame.
Yesterday a columnist in Business Report, Ann Crotty might well have summed it up for us when she wrote, "It would be difficult to figure out how governing this country could be made even a little more challenging."
But one thing we can't say about South Africans is that we've failed to rise to challenges.
A short six years ago we inherited a country torn apart by conflict, a country whose finances were, to put it politely, in a mess.
We inherited a fiscal deficit in the dying days of apartheid of some 10 percent.
We had to make some hard decisions. If we were going to attract investment and promote growth, we had to get our borrowing down.
Our deficit this year is some 2.6% and will stay at that level despite unexpected expenditure on the flood disasters we experienced earlier this year.
On the monetary side, we are pursuing disciplined policies. We have set an inflation target for 2002, and the Reserve Bank is using the clout and the instruments given to it by the constitution to achieve this.
We are concentrating on creating this kind stability and certainty, precisely so that business can make rational decisions in a stable environment.
Precisely because we believe the stability and the strength of our economic management matters, particularly in a world as volatile as ours.
We need to keep a steady course in a stormy world.
Even those in the richest country in the world should not be too complacent. Writing this week in Newsweek, the American economist, Robert J Samuelson, warns: "Ours is a world of free-flowing capital. Companies, mutual funds and individuals increasingly invest across national borders. This is one of globalisations' most erratic - and brutal-upheavals."
Before we mourn the rand, we should consider the numbers in the United States. In March of this year, foreigners owned $1.4 trillion worth of US stocks or 7 % of the totals; they held $1.3 trillion of US federal debt - a staggering 35 percent of the total.
The US economy stamps its mark on the whole world.
Perhaps we can mourn the rand's tumble, particularly yesterday: as we watched, as spoke on telephones, as we went about our work, the rand fell, two cents, five cents, at one point nearly 10 cents in as many minutes. But we should ask whether this is a reflection of our own economy, or of a global surge.
Because as the rand tumbled, so did the Euro, the Australian dollar, the New Zealand dollar, the Indonesian rupiah and the Greek drachma.
Since the beginning of this year, the rand has fallen some 25% against the dollar; the Euro has fallen 20%, the Australian dollar 27% and the New Zealand dollar a staggering 32%.
Samuelson writes: "The magnitude of capital inflows into the United States ought to give Americans pause. They could reflect America's genuine strengths - or represent speculative excess. We have entered into unexplored territory even for the United States, what goes around comes around."
Of course this is not to say that many investors don't make rational business decisions - that is precisely why we have put such great store on sound economic management. But there is also this phenomenon of markets that react - or over-react - on perceptions.
Far be it from me to "dis" the markets, as younger people might say, but listen to what no less authoritative voice than the Economist has to say about this phenomenon of the perceptions that drives capital flows.
In an article on technical analysts called "Heads, shoulders and broadening bottoms" --the headline describes the shape of a graph of movements in the equity markets--the magazine makes the distinction between real empirical trends, and the short term analysis of technical experts in the following way: "Economists who study financial markets have long regarded technical analysis as mumbo-jumbo, bearing much the same relationship to rigorous economic "fundamental analysis" that astrology does to astronomy."
So we're dealing with feelings masquerading as reality.
But in South Africa, faced with the task, as we are, of rebuilding our country, and making it globally competitive, we cannot afford to depend on horoscopes for our analysis.
We have had to work to attract investment, and to secure the fundamentals so that we can promote the growth that will allow us to keep our pact with the electorate and offer, not only a better life for all, but also a life with dignity.
Our foreign portfolio investment inflows - about R82 billion last year - is about 10% of GDP. But this capital moves in and out at the speed of an electronic impulse. Our foreign direct investment last year was about R8.4 billion in contrast - only about 1% of GDP, clearly a strong improvement since 1993, when it was a paltry R33 million. Yet it is still not enough to sustain the kind of growth we need.
But we should also bear in mind that, as we have freed up our own economy, our big firms, such as our mining houses, are increasingly free to operate as global players. In the past they had to channel their profits into investments in breweries, motor vehicle plants, newspapers and all manner of industries in which they had neither interest nor expertise; now they have divested themselves of these non-core businesses and are becoming global players in the industries they understand.
But this kind of financial restructuring means capital outflows on our balance of payments from time to time. This is what it means to move beyond a siege economy.
Sometimes in this country we allow ourselves to be intoxicated with gloom and doom scenarios, to the extent that we forget that we hold very real attractions for many investors.
BMW is just one example.
BMW established its major export plant for right-hand drive cars here, in Pretoria. IN just a few years it has increased the value of those exports from about R1 billion to more than R6 billion. We sometimes forget that other companies like Landrover or Corningware, have chosen our country as base for their production and exports.
Many of our own firms have shown themselves to be increasingly adaptable and innovative in the face of this wave of unprecedented globalisation.
Foreign direct investment by South African firms between 1996 and 1998 has averaged 7 percent of total South African gross capital formation. This is in line with the world average of 8 per cent during this period and is almost double that of developing countries.
In particular, South African firms have been quick to take advantage of unexploited investment opportunities in many of our neighbouring countries. By 1999, South African investors accounted for approximately 50% of total FDI into the SADC region, according to Business Map.
"The world is as it is," wrote VS Naipul in his novel "A Bend in the River" set in the Congo.
Yes, the world is at it is. It is ours, yet it is not entirely ours. The only way we can make it more ours is to engage with it in a meaningful way.
Last month we chaired the annual meetings of the IMF and World Bank in Prague, where we put on the table the most serious issue facing the world today: the growing and desperate impoverishment of almost half the world's people who live on less than $2 a day.
Most of these people live in Africa, our continent. Most live in countries crippled by an unsustainable burden of debt. Most live in countries that, although they depend on the multi-lateral institutions often for a lifeline, have only a paltry say in how decisions are made.
It might be very fashionable amongst protestors in the richer countries to demand that they be closed down, but the reality of the world we live in is that, at most, four countries in the whole continent of Africa have access to private capital markets, even though many African governments have reduced their deficits and increased their growth rates.
Where, if the world closes its doors on Africa, are the poor countries to get the capital necessary to launch sustainable development?
It becomes, sometimes, easy to blame the victims of poverty: Poor governance and corruption are issues, to be sure, but an overwhelming one is also that the world is open to Africa only on a limited basis. The cumulative value of trade barriers to African exports to the OECD countries totals a staggering $300 billion - a total equivalent to the combined GDP of all of sub-Saharan Africa. If the governments and civil society of the developed world are serious about the fight against global poverty, they should be more comfortable taking a dose of the "free trade" medicine that they so liberally prescribe to the developing world.
These are the issues that we are now in a position to take up because we can walk in the world with our heads held high.
Next week, we go to the G20 meeting in Canada - a group that includes "systemically significant" countries. Countries, like ourselves, influential, although not powerful; countries with a voice; with potential. The G20 provides us with an opportunity to make new allies among the middle powers to engage with the G7; to push for structural change in a world where the inequalities are often reinforced by what, in the post Cold war era, has been a completely lopsided balance of power.
We do this for ourselves, but we also need to engage on behalf of our neighbours. Because if our neighbours fall by the wayside, we are dragged down too.
We cannot isolate ourselves from our continent or our neighbours. If we are to pursue development at home, we must engage with the institutions and countries that have marked our collective past and still shape our future so that we can shape our own children's inheritance.
This brings me to the challenges that face us here in our own country: the challenge of sustainable development.
Let me return for a moment to the column by Ann Crotty. "Every single group in our country," she writes, "is loudly demanding the rights granted to it by a constitution that makes the UK look like a totalitarian state. It is an impressive constitution that is enforced by a vigorous court and sadly its full application would probably paralyse the government."
Well, perhaps it is sadly true that there are few politicians in the world who do not get momentarily irritated by the often-cumbersome processes of democracy.
But we believe that an enduring strength of our country is precisely that it is built on a kind of vigour AND consensualism that is guarded by strong public institutions. We have myriad institutions designed to accommodate the varying demands of our once riven society, from Parliament to Nedlac, from the Public Protector to the Constitutional Court, from an independent Reserve Bank to a vibrant civil society.
And in this process of vigorous debate, many facts are forgotten or overlooked. One is that government's economic policy, GEAR, was passed by delegates of the governing party at its 1997 congress, not because macro balances are any kind of religion, but because we believed that in order to deliver on reconstruction and development, we needed sound, stable and disciplined policies that would enable us to deliver social services and pursue growth at the same time.
It is worth reminding ourselves that for every R1 billion we don't borrow, we have an extra R150 million to spend on clinics, on schools, on infrastructure. But more than that, if we take on the luxury of excessive debt in this generation, we are burdening our children, who are this country's future.
Today we launch the Intergovernmental Fiscal Review, a complete and consolidated account of our provincial budgets and local government finances. The provinces are in the frontline of delivery of social services. This year, we can say that we have made some important gains. For instance, the huge rate of personnel expenditure in education has declined a little, leaving more money to be spent on schools, textbooks and computers. Financial management has improved and the provinces have turned around a deficit of R5.5 million in 1997/98 to a surplus of R549 million in the last fiscal year; education expenditure is expected to grow at an average of about 6.4% over the medium term.
We have substantially shifted our social spending with real results. So for instance, in 1991, the average black child was likely to be in a classroom with 44 classmates in primary school and 36 in secondary school. By 1997, this had changed to having an average primary school class of 37 in primary and 32 in secondary schools.
We still have a long way to go. A report released this week by the Development Policy research Unit at UCT remarks that although South Africa could be classified as a middle-income country, its social indicators suggest that living standards for many of our people are closer to that of a low income country. And the racial inequality is still huge. Of those households living below the poverty line, some 96% are African.
There is as great a correlation between poverty and lack of education and between unemployment and lack of education. This is why we spend the biggest chunk of our Budget - R51 billion - on education. It spending for today, but its also investment for tomorrow.
In conclusion, let me say that the world we live in has never presented more exciting or difficult challenges. In the post-Cold War era of volatile markets and capital flows, it becomes increasingly difficult and dangerous to make mistakes.
To reap the rewards of globalisation we need a strong base: sound economic fundamentals but also a people who can at last shake themselves free of the crippling burdens of our history. Our task of the moment is to pursue a strategy for growth and development that will carry us through the world in this century. Our task of the moment is also to work with our poorer neighbours to promote regional integration and trade so that we can participate in the global economy as a region.
In Michael Ondaatjie's book, Anil's Ghost, one of the Sri Lankan protagonists remarks to the expatriate heroine who is about to leave Sri Lanka: "American movies, English books - remember how they all end. The American, the Englishman gets in a plane and leaves. That's it. The camera leaves with him. He looks out the window a Mombassa, or Vietnam, or Jakarta, some place now he can look at through the clouds, the tired hero. He's going home. So the war, to all purposes, is over."
But this is not Hollywood, and for most of us there is no plane to get onto, no clouds to fly into. This is our country. Let's make this our moment.
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Good evening and thank you for inviting me here to address you tonight. I know I speak on behalf of the Minister, Trevor Manuel, when I say that we warmly welcome you here to our country and particularly to our largest financial and business centre, Johannesburg. He is sorry that he couldn't be here with you, but is his way to a meeting of the G20 group of nations in Canada, a forum where we hope we can make an African voice heard.
We welcome this initiative especially as it can help facilitate an engagement between business, the media and ourselves. It's an idea whose time has come. Because people need access to information about finance and economics.
Because everyday people are involved in economics. For instance, 50% of what SA Breweries delivers goes to the townships. What is this if not economic activity?
There is also the question of consumer affairs. This is an important area of coverage that affects everyone.
We welcome today particularly our brothers and sisters from other parts of our continent. For too long South Africa was cut off from the rest of the continent. With the advent of our democracy in 1994, we know that isolation has irrevocably ended. We see our future as part of this continent. We know that if we don't grow together, in prosperity and stature, with our neighbours whatever growth we experience will be seriously stunted.
And so we are particularly pleased that we can host this conference on our soil, and pleased too for an opportunity to engage with one of the most important elements of civil society in Africa - the media. Your job is as important - if not sometimes more so - than any government's. It is to inform both government and the people; it is to keep track of both the good and the bad developments in our quest for upliftment of our people; it is to reflect the myriad voices that make up our countries and our continent.
Your job as business and economics editors is particularly crucial as Africa enters the 21st century, because the story of the moment is really an economic one.
All around the continent, government, civil society, ordinary people are grappling with the major problem that besets us: the impoverishment and underdevelopment of our countries.
You heard the Minister say on his video message that if Africa grows at an average rate of 5% per year, it will be just enough to stop our people getting even poorer than they already are. What this really means is that just to stay as poor as we are we have to grow at 5%.
We live in an increasingly globalised, and wealthy, world where the greatest economic tragedy of our time is poverty. The goal of halving severe poverty in Africa by 2015 will require annual growth of more than 7 percent. It is particularly disconcerting that globalisation has had little impact on this tragedy. The latest World Development Report reminds us that some 2.8 billion people, almost half of the world's population, live on less than $2 a day and that 1.2 billion people live on less than $1 a day. Most of these people are located in South Asia and the African continent. What is even more disquieting is that this tragedy is experienced at the same time that unimaginable riches are enjoyed by a small number of the world's economies and individuals. The income gap has doubled in the past 40 years. Life expectancy in our continent is declining, while, in the developed parts of the world, it has increased more in the past 40 years than in the previous 4,000 years. This downward trend in life expectancy will be exacerbated by the tragedy of the HIV/Aids epidemic that has so afflicted our continent, and particularly southern Africa. Reporting on the economic effects of this disease will no doubt become a consuming challenge for many of you, as will combating it become one for our continent's governments.
Two years ago, the figures indicated that Africa as a continent had a GDP averaging only 35% of the whole of the developing world.
We are faced with the major problem of capital flight. Over one third of capital leaves Africa, as opposed to 17% in Latin America and just 3% in Asia. A lot leaves in the cost of servicing debt.
We live in a continent that is the poorest in the world. Where, if we are not careful, the future economic growth engine of the world - information technology - threatens to pass us by. There are 19 times more Internet hosts in the United States than in the whole of the developing world.
There are more telephone connections on the tiny island of Manhattan than in the whole of sub-Saharan Africa with a population of 700 million people.
It is what the economist Manuell Castells calls the new technological apartheid. Unless we make some dramatic intervention to turn the trend around, the gap is going to get worse. Because progress in technological development is not incremental. The more you have it, the greater the leaps and bounds one can make to the next level. The less you have of it, the more you fall by the wayside.
All of us - journalists, policy makers, citizens - need to ask the reason why our continent remains trapped like this in poverty and underdevelopment.
It is a question that has occupied some of our best minds, and there are no easy answers.
There is, on the one hand, the legacy of colonialism - a system that skewed economic development by extracting mainly the raw materials needed by the metropolis, and a system that thus failed to invest in diversifying economies or in human capital.
There is also in the post-colonial period a sorry record of poor governance in some parts of the continent and a legacy of civil wars that have devastated us. It is alarming to note that Africa, with about 10% of the world's population, has almost half the world's population of refugees, many of them fleeing from civil wars, where civilians, not soldiers, are at the front-line of violence.
This is an important issue because whomever we believe we are fighting for, it's those very people often who are suffering the most. We had this debate about the armed struggle [in the ANC] in 1990, and came to our decision because we thought that the people we represented were the ones who were suffering the most - the civilians. We also come from a continent where the post-colonial state was often the only access to wealth for a growing educated elite. When there are few opportunities for self-betterment, patronage and even corruption can take root.
One of Africa's greatest writers, the Nigerian Nobel-Prize winner, Wole Soyinka, once recounted how the former Nigerian military dictator Sani Abacha had threatened to wipe out some of the oil wells where the labor unions had a strong presence. Putting his finger on one of the great illnesses of the time, he wrote in his book, The Open Sore of a Continent: "Anyone who believes that Abacha will not kill the goose that lays the golden egg forgets that, in any case, the generals' private barn is already bursting with a vast deposit from Nigeria's obliging goose."
You, as journalists, will know the price that many of your colleagues have paid for trying to expose corruption at high levels.
But we also live in a continent of change - and increasingly change for the better. Nigeria, one of the biggest and wealthiest countries in Africa, now has a democratic government. It has always had a vibrant civil society, and a strong media contingent.
But there are other examples of change, too. In Tanzania, president Mkapa instituted reforms whereby office-bearers and officials had to open their financial records and tax returns to public scrutiny; in Botswana, long seen as an exemplar of economic growth and stability in Africa, the very first independence government concentrated on building up a strong and independent civil service, accountable to the public; in Uganda, after President Museveni took power, he raised civil service pay and cut back on archaic rules in a determined effort to take away both the motivation and the opportunity for corruption.
In South Africa, we have rules that require our parliamentarians to declare their financial interests and to register gifts in a bid to ensure that corruption does not become an intrinsic part of our political culture.
These are some of the ways that African countries are trying to dismantle the obstacles that stand in the way of economic development.
There are international obstacles too. One, we have already referred to, is the legacy of being primary commodity producers for the developed world.
There are others too: there is the huge wall of trade barriers between Africa and the OECD countries, a wall so high, that as our representative on the IMF put it, you crack your head off craning your neck back to see the top of it.
Then there is our complex relationship with the world's major multilateral institutions, the IMF and World Bank, which for many of our countries are the only access to capital. Only three or four countries in Africa have access to private capital markets. For economic development, we need capital to invest.
But there are many problems in our relationship with the Bretton-Woods institutions.
Africa as a whole has a paltry voice in them. The whole of sub-Saharan Africa has a voting share in the IMF of under 5%, whereas the G7's share is nearly half.
Our other concern is that the HIPC initiative - for Highly Indebted Poor Countries - is just too slow and cumbersome to really deliver benefits to the most desperately poor countries.
As long as developing countries remain debilitated by unsustainable debt burdens, required growth rates will not be achieved. Debt remains one of the major obstacles to sustainable growth and development. The enhanced HIPC Initiative agreed to at the G7 meeting in Cologne last year has yet to be fully implemented. Full funding has yet to be realized. The cumbersome process means that only half of the countries expected to reach their decision points by the end of this year, are likely to do so.
Part of the problem is that these countries have to deliver a Poverty Reduction Strategy programme before they are eligible for HIPC and some have not yet developed the capacity to produce these papers.
Our third major problem in our relationship with the multi-laterals is their tendency to want to micro-manage African economies. In spite of what they say about good governance, such micromanagement can actually undermine democracy because elected governments are often secondguessed by bureaucrats in Washington.
One example of this was when the IMF decided not extend a fund facility to Uganda because Uganda's president had budgeted for a new presidential plane. Instead of looking at the details of costing, those in Washington simply decided that if the Ugandan president wanted a plane, there would be no more funding.
It took our executive director in the IMF - the director who represents the 23 countries in our constituency, including Uganda - weeks of work to first calculate that buying a plane would be cheaper than continuing to charter one, and then to persuade the other directors in the IMF that in the context of the conflict in east and central Africa, such transport for the Ugandan president was a justifiable expense.
The point is that our own societies - not least the media - need to keep our leaders accountable - not people in offices halfway across the world.
We need our elected officials to be accountable to the people they serve; we need journalists like you to monitor them.
For, in reality, covering the economy and business in Africa today is also about covering political culture, its about covering governance, its about covering international relations. The importance of building a political culture to sustain development cannot be underestimated. As the American academic, Robert Putnam pointed out, in another context, writing about development in southern Italy: "It is easier to build a road than to build an organization to maintain that road."
Our renaissance then must also be about building the capacity to use resources wisely, not only having the resources to use. This should be a key area for journalists to monitor. You need to ask the question constantly: are governments able to use the resources available to them to promote economic development Will the society build the political culture to sustain that development?
Because if we don't have peace, we don't have prosperity. We can no longer afford a situation where we harbour nearly half the world 's refugees; where our national resources are drained on wars; where governments accommodate only specific groups of their citizens, not all of them. There have been many signals of hope on our continent in the last decade, not least our own freedom here in South Africa. We live in a continent of rapidly emerging democracies.
This is an issue that is not covered very well. Increasingly there are countries in Africa where there are regular free and fair elections. This is a feature that is not well-known.
Your job is no less challenging though. It is to be vigilant about corruption, fair about our successes, and informative about both growth strategies and obstacles to growth. Its about giving both the governments and the governed a voice.
The fact that you are here tonight, in this forum, makes me believe that you take this role seriously, and that you believe communication between each other will enhance your effectiveness.
This is true. No country in Africa can succeed in isolation.
This is the key message I would like to leave you with. We need to identify the things we need to do to change things (from the legacy of colonialism). We cannot continue forever targeting colonialism alone for the reality of our poverty and our backwardness is there for us to deal with. Need to call on developed countries to work with us.
If we seek to turn around the economic fortunes of our countries we cannot only address the economic issues, we need to address the political issues. The questions about governance, about good governance, about corruption - these are question we have to address. We have to have a predictable and reliable legal framework in societies.
We have to deal with these questions if we are to succeed in the globalised world.
One of the features of our continent that is also a burden, is xenophobia. I do not believe we can afford a continent that is dominated by xenophobia.
In pursuit of our struggle in South Africa, we were housed by so many countries that did not benefit anything from having us there. In fact countries suffered. So this question of xenophobia is indeed an important one.
On behalf of the National Treasury of South Africa, I wish you great success both in your deliberations here and in your continued, important work at home.
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Enquiries: Ismail Momoniat Tel: (012) 315 5165 Fax: (012) 315 5045 e-mail: momoniat@finance.pwv.gov.
The National Treasury is today releasing the 'Guide for Accounting Officers', a publication designed to assist those charged with the responsibility for implementing the Public Finance Management Act (PFMA).
The PFMA is a key element in a set of reforms to the management of government finances. These reforms began soon after the 1994 elections with the introduction of new intergovernmental financial arrangements and multi-year budgeting (the Medium-term Expenditure Framework). The adoption and implementation of the PFMA is the second phase of reform, and the key objective is to modernise financial management and enhance accountability. Further reforms will include the introduction of service delivery indicators, performance budgets and generally recognised accounting practice (GRAP).
The Guide is being distributed to the Accounting Officer of every National and Provincial Department, and focuses on how accounting officers can implement the PFMA. It prioritises the practical short-term issues to be dealt with as Departments embark on the process of implementing the Act.
The national Treasury recognises the demands the Act places on accounting officers, and also that complete implementation of the Act will take several years. However, significant improvements can and must be achieved over the next 12 months, and the Guide focuses on the seven most urgent steps necessary to tackle matters that have previously been neglected.
Accounting officers must monitor progress on the department's operational plan (including the budget). While systems and processes exist to monitor monthly budgetary performance, accounting officers will need to scrutinise these reports on the basis of the advice provided by the person appointed as the CFO. These reports should enable the accounting officer to identify any potential under or over spending. The quality of the information available depends crucially on the accuracy and timeliness of the data entered into the various systems, and this will improve only when accounting officers and CFOs actively scrutinise the reports produced.
Accounting officers must prioritise the setting up of audit committees and internal audit units, in line with modern practice. They must evaluate whether the 'blanket' controls are appropriate to their particular circumstances, by assessing the risks facing their department.
The PFMA must be read in conjunction with the Division of Revenue Act, in particular with its reporting requirements.
The PFMA also requires that, unless otherwise contracted, payments be made within 30 days of receiving a suppliers invoice. This will ensure that Departments do not conceal liabilities, and will bring certainty to creditors, especially SMMEs.
Accounting officers must take personal responsibility to address any outstanding queries raised by the Auditor-General or audit committee, or face strong sanctions.
Accounting officers must take full responsibility for ensuring that all revenue received by their department is deposited only in the relevant revenue fund, and that all suspense accounts are allocated to the relevant cost centres each month.
The Act requires annual financial statements to be submitted to the Auditor-General within two months of the year-end, and this will be difficult to achieve unless the routine month-end procedures are completed systematically during the year.
New delegations of financial responsibilities are necessary to spread responsibility to all senior managers.
Addressing these seven priorities will enable accounting officers to manage their departments more effectively, and will lay the basis for improved service delivery.
Chapter 2 of the 'Guide for Accounting Officers' sets out the long term vision behind the drafting of the Act, and recognises that many of it's implications are not purely technical, but will require all stakeholders -particularly accounting officers -to alter their ways of working. The basic principle of the PFMA is that managers must be given the flexibility to manage, within a framework that satisfies the constitutional requirements of transparency and accountability. The traditional 'microcontrol by the Treasury' approach has been replaced by the specification of minimum requirements (exemplified in best practice guidelines) thus giving accounting officers significant powers to manage their budgets and achieve defined outputs. Managers must then be held accountable for the services they deliver, and Chapter 2 of the Guide explores the respective roles of the Standing Committee on Public Accounts, the Auditor-General and Executive Authorities in the accountability chain.
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Today we lay before this House the Medium Term Budget Policy statement.
The MTBPS is in many respects a symbol of our maturing democracy and we are deeply appreciative of the time that Parliament will devote to debating it intensively this year.
The MTBPS serves three functions. It advises Parliament on what has changed in the economic outlook since the Budget was tabled in February this year. Second, it shares with the House the developments in public policy that will shape the Budget to be tabled on 21 February next year. Third, and most important, it invites Parliament and the nation to reflect on our priorities, performance and plans and to share with us in addressing the challenges we face and in shaping the future of our country.
What has changed?
The last three years have been difficult for the global economy and although the volatility that characterised the 1998 financial crisis has abated there are still a number of challenges. Global growth, which may reach 4 per cent this year, has contributed to our healthy export performance. However, rising oil prices, declining commodity prices - with the exception of platinum - perceptions of instability in the region and a general decline in capital flows to emerging markets, have continued to constrain growth in South Africa.
Amongst the most important risks to the global economy in the coming months are the large economic and financial imbalances between the three major currency areas - the US$, Euro and Yen. Global growth has largely been sustained by the continued expansion of the US economy. However, the current account deficit of the US balance of payments is now uncomfortably large. Moreover, further corrections in asset prices and uncertainty about the future of US interest rates remain a source of volatility in the mature economies with important knock-on effects for emerging and developing economies. It is also worth noting that several fast-growing economies have large current account deficits and many of the countries affected by the 1998 financial crises are now facing large fiscal deficits.
The recent increases in oil prices, if sustained, will hamper global growth with oil-importing countries, particularly the poorest, being most affected.
Let me turn briefly to the impact of global trends on monetary and balance of payments trends in our own economy.
Monetary policy has entered a new era. The Monetary Policy Committee and broader consultation forums have brought greater transparency to the policy process and we have agreed on an inflation target.
Although the recent increases in oil prices and the impact of floods on food prices have increased the trend in prices this year, underlying demand and cost pressures in the economy remain muted. We are confident that the target for consumer price inflation, excluding mortgage costs, of between 3 and 6 per cent in 2002, will be met.
Interest rates this year have remained relatively stable, and prospects for a further easing of interest rates as inflation declines remain good.
The balance of payments performance this year reflects the underlying strength of the economy. Exports have responded positively to international opportunities and the depreciation of the rand. Exports increased by nearly 9 per cent this year in volume, and we expect a further 7 per cent growth a year between 2001 and 2003. The gold price has been a disappointment, but we have benefited from the extraordinary surge in the price of platinum group metals. Imports have grown moderately, and despite the rise in the price of oil, we expect that the current account deficit will be a modest 0,4 per cent of GDP for the year.
As growth gathers momentum we anticipate the current account deficit to rise, averaging about 1,3 per cent a year for the next three years.
In 1999 South Africa received a total of $4.1 billion in capital inflows. This was $1 billion more than in 1998. However, this trend has been reversed in the first half of this year with the capital account recording a net outflow of $1 billion - mainly a consequence of sales of bonds by nonresidents. We should remember that most developing countries are subject to the unpredictability of these portfolio flows, which happen these days at the speed of an electronic impulse.
The overarching objective is to ensure sustainable development, to create employment opportunities for our people, and to fiercely combat the poverty that still stamps its mark of shame on our nation.
Creating the conditions for human and economic development is not an easy process. It requires time, patience, often it requires difficult decisions, and it requires consolidation.
Over the past five years we have decisively addressed several structural barriers to growth - protectionist trade policies, exchange controls, an unsustainable fiscal position, the inequitable distribution of public services. We have strengthened revenue performance, restrained government consumption expenditure and reduced the budget deficit. We can now build on these achievements.
Today we announce a bold programme of targeted public expenditure, focused on developing our people and building infrastructure.
The economy has been subject to a number of shocks in the first part of the year - including floods, high oil prices, a depressed gold price and perceptions of regional instability. These have adversely affected economic growth. Our revised estimate of growth for this fiscal year is 2,6%.
Our sound foundations, improvements in our already strong export performance, and accelerating investment spending will underpin an annual growth rate of around 3,5 per cent over the period of the MTEF.
The restructuring of Transnet, Telkom, Eskom and Denel among others, will benefit all South Africans over the next three years, bringing in foreign investment and contributing to lower prices and better infrastructure services. It will also lead to an injection of private sector capital, technology and expertise into the economy.
Similar cost and efficiency gains should derive from the public private partnerships that aim to bring the disciplines of private sector risk management and long-term contractual commitments to various areas of public service delivery.
The restructuring of state owned assets is but one of a number of deep structural changes that have taken place in the economy. Much of our future success will depend on regulatory changes and support structures that will facilitate and free up economic activity.
Madam Speaker, I have talked about the platform for growth that this Government has established.
Because we have not spent beyond our means, because we have improved the way we collect and spend revenue -and aided by our privatisation receipts, we have brought the budget deficit under control. This year it is projected at 2,6 per cent. It will fall to 2,1 per cent in 2003/04.
By reducing the deficit, we have reduced the share of revenue we spend on servicing debt, thus freeing up resources for public expenditure. For the first time in over twenty years, debt service costs as a percentage of GDP are declining. Debt service costs are projected to fall from 5,5 percent of GDP in 1999/00 to 4,5 per cent in 2003/04, a downward revision of the 2000 Budget estimates.
Government dissaving has fallen from 5,9 per cent of GDP in 1994 to 2,6 per cent in 1999. As Government increasingly shifts spending towards capital expenditure, government dissaving is projected to decline to zero by 2002.
Lower debt and real interest rates are now helping to insulate the economy from external shocks.
And by reducing interest rates and containing inflation, we make it easier for businesses and firms to invest in the economy and create jobs.
This strong fiscal position, our enhanced capacity to collect revenue and the revised projections for economic growth contribute to upward adjustments to our revenue estimates for the MTEF period.
The preliminary outcome for revenue collected last year is R198,2 billion. This year we anticipate R212,2 billion, projected to grow to R271 billion by 2003/04.
By broadening the revenue base and improving tax collection, we have been able to lower tax rates, which will lower the costs of investment and job creation, and release household spending power. The 2001 Budget will again include substantial income tax relief.
And this brings us to our bottom line: the amount we are able to spend on goods and services, on developing the infrastructure, in creating jobs, in protecting our citizens, and most important, in alleviating poverty has increased.
We can now project an increase in expenditure of R7,8 billion in 2001/02 and R13,2 billion in 2002/03 over the baseline estimates published in the 2000 Budget, and an additional R18,3 billion in 2003/04 over and above the baselines budgeted for by departments.
Including provision for contingencies, expenditure on public services will grow by 3,7 per cent a year in real terms over the next three years.
Madam Speaker, in embarking on this bold extension of public expenditure, we will target investment in our people and development of our physical infrastructure.
Capital spending and related infrastructure rehabilitation and maintenance is projected to increase from R24,1 billion in 2000/01 to R32,0 billion by 2003/04 - R8 billion more and a growth rate of nearly 18 per cent a year. Allocations for rehabilitation of flood-damaged infrastructure stand at nearly R1 billion in 2000/01. We remember how badly some of our provinces were hit by the floods last summer. There will be further amounts for flood-damaged provinces over the next two years, contributing not only to repairs and maintenance, but also to job creation and stimulation of economic activity in some of our poorest areas.
Spending on physical infrastructure will also be targeted at our transport and communications networks, railways rolling stock, our hospitals, schools and clinics and other public buildings. It will address the problem of underspending and slower than anticipated delivery in a number of areas in which Government has previously allocated funds.
We also hope that some of this expenditure can be targeted towards building our capacity in the knowledge economy, by ensuring that computers and the web are more accessible, particularly to our school children.
At the same time, measures will be taken to ensure improvements in the quality of infrastructural investment - much of which takes place at the provincial and local government level - and to address institutional inefficiencies.
Social services continue to account for over half of national and provincial non-interest expenditure, or over R106 billion on education, health and welfare services this year. In addition, our social security funds account for about R8 billion a year in transfers to the unemployed and victims of road accidents or workplace injuries.
South Africa's social service expenditure has increased strongly in recent years and has been redirected towards poor provinces and towards meeting the needs of the poor first. Spending on the social services will increase by R21 billion over the next three years, or by 6,3 per cent a year in education, 6,7 per cent in health, and 7,8 per cent in welfare services. In addition to these increases, schools and health services will benefit from the planned increases in infrastructure spending.
Now the challenge becomes one of improving efficiency and quality.
Bearing in mind that our youth are our future, we have provided for continued investment into early childhood development initiatives. We realize that, especially for children from poorer households, early pre-school education can make the difference between success and failure in the more senior grades. We need an efficient education system - a system that delivers returns. Our best returns are in educated, self-confident young people who graduate from our schools. We believe that the earlier we start with the process of education, the better.
We also have to square up to the tragedy that we are all facing: the effects on our economy, on our lives, and on our social fabric of the HIV/AIDS epidemic. We realize that HIV/Aids will present an immense challenge to the social service sectors in coming years, and we have to gear ourselves to face that challenge. The sharp increase in the provincial equitable share should better enable provinces to ensure that their health and welfare budgets have the resources to deal with the increasing pressures of HIV/AIDS.
Government is also introducing a special allocation to support more integrated AIDS prevention strategies in 2000/01. This will rise from R75 million this year to R300 million in 2003/04.
In the next three years we also intend to allocate significant additional resources to the departments entrusted with ensuring the security of our citizens, and with arresting and prosecuting those who threaten our safety. Allocations to the integrated justice system, will grow by R5,2 billion, or an average 6,6% a year between now and 2003/04.
Our focus will be on increasing efficiency, through, for instance, upgrading the police vehicle fleet and physical infrastructure, through improving the efficiency of courts and providing more resources to prosecution services. We have also strengthened allocations to the Directorate of Special Prosecutions, better known as the 'Scorpions'.
Let me also ensure Members of the House that allocations for Defence in our budget projections make full provision for the costs of the arms procurement programme. We are of course aware that exchange rate movements have to be taken into account in making these calculations.
Madam Speaker, co-operative governance is an essential part of our constitutional democracy. Provinces and local government are at the front-line of the delivery of social services, such as health and welfare, education, poverty alleviation programmes and in providing the basics of decent living such as street lights, refuse collection, water and electricity.
Over the period of the MTEF we will be increasing transfers to the provinces by over 7 percent a year, and to local government by over 15 percent per year. This should allow provinces to budget adequately and deal with the pressures they will face - particularly in the health and education sectors. They will now be able to budget better for textbooks, teacher training, school buildings, and medical services. Education will also benefit from the R250 million allocation over the next three years for early childhood development.
Last year we introduced a provincial infrastructure grant. In 2001/2002 we will increase it by R500 million, and by an estimated R1,2 billion and R2,3 billion over the following two years. This is in addition to new allocations for flood reconstruction and the Pretoria Academic hospital.
These represent substantial investments in developing provincial and local services. The real challenge, however, will be in how provinces and municipalities spend these funds. By making public our medium term plans now, we are able to ensure that programmes can be designed, developed and implemented as the funds become available. The implementation challenge begins with Cabinet and the national Government and extends to provincial treasuries, departments and spending agencies and the new municipalities who have primary responsibility for basic household services.
The increased allocation to local government is intended to ensure that all households have access to a basic level of services. It will assist municipalities in securing provision of basic services to households earning less than R800 per month.
In 2001/02, the local government equitable share will stand at R2,2 billion. It will rise to R2,5 billion and R3,1 billion over the following two years.
We are now seeing the rationalisation of our 843 old municipalities into 284 new municipalities, which should further stabilise municipal finances over the longer term. So, too, the local government grant system is to be rationalised and allocated on a three-year basis to promote better planning in the municipal budgeting process.
Madam Speaker, we have introduced a wide number of reforms across the budget process, the intergovernmental financial system and tax system, enhancing our ability to meet the needs of our people.
The success of these reforms is reflected clearly in the reduced share of revenue that now goes to service debt. It is reflected in the turnaround of the financial position of the provinces from a deficit of R5,5 billion in 1997/98 to a R3 billion surplus in 1999/00. It is reflected in the increase of 3,7 per cent a year in real spending on public services that we are able to plan for the next three years.
The challenges facing us are still immense. We laid claim to our democracy and our country at exactly the time that winds of globalisation buffeted developing countries most harshly.
But the global climate cannot distract us from the historic responsibility that rests on our shoulders. We need, rather to grasp the opportunities that globalisation opens to us. We will continue to pursue an economic strategy and fiscal policies aimed at overcoming poverty and inequality through sustainable growth and effective engagement with the global economy.
Our responsibility is to invest in our people, by spending on infrastructure and on education, by facilitating the development of skills so that we can take part in the increasingly knowledgeoriented economy of the world, by investing in justice and security and by responding effectively to the social challenges before us.
I would like to thank my colleagues in Cabinet, and particularly the Ministers' Committee on the Budget, for their support. May I conclude, Madam Speaker, by inviting Parliament and fellow South Africans to join us in debating the priorities and programmes proposed in the 2000 Medium Term Budget Policy Statement.
<fn>GOV-ZA.2000110301En.2012-02-10.en.txt</fn>
The National Treasury is surprised at the statement by the Congress of SA Trade Unions that the policy processes around the Budget effectively exclude the public.
Two months before the tabling of the Medium Term Budget Policy Statement, on August 30, the Minister of Finance, Mr Trevor Manuel, The Deputy Minister, Mandisi Mpahlwa, the Director-General of the Treasury, Ms Maria Ramos and several officials from the Treasury provided an extensive briefing to Nedlac on the Medium Term Expenditure Framework, which forms the basis of both the MTBPS and the Budget. This was under the Public Finance and Monetary Policy Chamber of NEDLAC.
COSATU was represented by the Labour Convenor of the same Chamber, together with other representatives.
In the workshop, the Director-General spelt out, in detail, the priorities of the MTEF: economic and social infrastructure; social services; criminal justice sector; and municipal restructuring. Following the DG's presentation, the workshop engaged in extensive discussions, where NEDLAC made both oral and written submissions for consideration by the National Treasury, in the process of developing the MTBPS.
All of these inputs were critical in the consideration of our final draft of the MTBPS and a such area are strongly reflected in the MTBPS.
In the next few weeks, the Public Finance Chamber plans to a follow up session to consider the contents of the MTBPS, as part of its work programme for 2000.
We believe that South Africa, with its three-year Medium Term expenditure Framework, has one of the most transparent budgeting processes in the world.
We have always been, and remain ready, to listen to inputs on the Budget from the representatives of labour, business, and the broader public.
<fn>GOV-ZA.2000110801En.2012-02-10.en.txt</fn>
Good evening, Russell Loubscher, executive president of the JSE, Geoff Rothschild, JSE chairman and the honourable mayor of Johannesburg Mr Mogase, and guests.
Thank you for asking me to be with you tonight on an occasion which surely must mean more than just an office move.
We know that this occasion commemorate the 113th anniversary of the JSE, making it, probably, the oldest financial institution in Africa.
By my count this must be at least its sixth office move since it was formed more than a century ago. Each move tells a story.
By the end of the last century the Mining Commission had closed off a section of Simmonds Street to traffic to conduct trading on the street. It was called, appropriately "between the chains", referring to the chains that cut off the horse-drawn traffic.
Through all its ensuing moves - as from its inception - the JSE played a central and critical role in raising capital for new ventures; it has been both a landmark and a symbol of this, our biggest city. Johannesburg. It became world renown and has made Johannesburg a name that is mentioned in the same breath, although perhaps not in the same tone, as Tokyo, London, Toronto, or New York.
Although - and I've raised this with Russell Loubscher already - is this really Johannesburg Are you the Sandton Stock Exchange now, having joined the flight to the suburbs. The SSE. There's more alliteration in the name but it just doesn't have the same historical ring to it, does it?
On a more serious note, we in government have learnt well that the only consistent thing we have to deal with is the constancy of change.
Today, there is no more street trading. No more "between the chains." No more nasty initiations of novice traders as some stockbrokers will recall - whose initiations were only possible in the loud, noisy, overwhelming open market place of the trading floor.
Some of you may remember that when a rookie trader came onto the floor for the first time he was often the victim of a massive set up that involved everyone from his firm down. His desk would pass on orders to him: "do 100,000 Anglos," they may say.
And he'd buy and buy and buy, and the prices would go higher and higher and higher on the board. Then he would come and report to the fellow at the desk who'd say, Buy Who told you to buy I meant sell.?
Then he'd have to go down and try to sell, but usually there were no takers.
But it was all a set-up, I'm told. The prices would be wiped off at the end of the trading day, the newcomer might have been reduced to tears, but he'd be back next day none the poorer. Whoever said the markets were amorphous Here was a case when structure, planning, foresight- and sheer collusion was their essence?
Can the traders still do this sort of thing today on their new computers Well, perhaps its harder to make the collaboration you need watertight, and its also less satisfying to have someone weeping behind a lonely computer rather than on a busy trading floor. I didn't know you traders were like that?
But some things haven't changed.
There are people old enough here to remember the bustle of the trading floor, but there can't be anyone old enough to remember the real days of street trading, the days "between the chains". But we know, since Paul Kruger declared as public diggings the nine farms on the Witwatersrand, which then contained the richest goldfields in the world, that almost any company with the name "Underground" or "Diggings" in it could attract its share of hopeful investors on the JSE.
Today, the same principle seems to operate in the virtual world of cybertrading.
A recent article in the New Yorker, called "Day Trading made easy" suggests three basic rules for successful investment. The first, is the "name game". Allow me to quote: "Amazon. Com, America Online and Amgen have been three of the stock markets biggest success stories. What do these stocks have in common They all begin with the letters "Am.?
I'll tell you the two other rules of day trading later, but while we're on the subject of names, what could be better than the name challenge that our newest billionaire Mark Shuttleworth has thrown at the JSE. He wants to set up an alternate pan-African stock exchange with the name HBD, which stands for "Here be Dragons." Initials apparently written all over early maps covering uncharted territory. So what sounds better: JSE, HBD, SSE?
But this is the world we live in - a world of constant challenge and competition, of constant change. The last six years since the demise of the siege economy of apartheid, our country and our business are faced with new opportunities, new challenges, new threats on a daily basis.
We have many challenges still to meet but we sometimes need to remind ourselves that we haven't done to badly. The JSE ranks, now about 18th in the world in terms of market capitalization measured in dollars. Considering the mammoth strength of the dollar in recent years, that's a pretty respectable place to be.
The liquidity of the Exchange has increased from less than seven percent in 1995 to about 34% last year, a sign of more openness, of more trade, of more investment. We have much more participation of small investors, measured by the explosion in unit trust investments on the exchange. Russell Loubscher estimates that five years ago there were only about 20 unit trust participating in the JSE; today there are well over 300.
And as a developing country particularly vulnerable to the tidal waves of capital flows that can begin in the markets of the developed countries, we've managed to ride those hostile seas pretty well.
True, in the wake of the south-east Asian crisis, the industrial index on our exchange plunged by 47%, a more dramatic drop than after the '87 crash. But then, on the other hand, it's a testimony to the relative stability of our economy that our average annual rate of return on the all-share index has been about 10,75% a year over the past five years. Compare that with other developing countries, such as Malaysia, where its been -2,6%, or the Nikkei where its -1,9% or indeed Thailand, which admittedly took the biggest bash, where its sitting at -23,47%!
Our peaks and valleys, by and large, in the past two years, have followed the peaks and valleys somewhere between the Dow and Nasdaq.
So the waves have rocked us, but not drowned us.
But in order that we can do what's right in our own country, and also so that we make the keel of our ship a little stronger, we urgently have to expand our economic base here. More people need more access to wealth and to capital. We need more investors, more owners, more job-creators.
We need to hasten change because otherwise our economy is unstable, our whole society is unstable. We need only to think about the unspeakable cruelty we saw on television last night - the racism, the inhumanity, in short the worst of our society writ large - to remind ourselves how urgent change is.
We still have a long way to go before our society is a safe, happy and prosperous one.
Let's remember in our economy there is still a wall of exclusion that has to be breached. According to Business Times, only 11% of the directors in the JSE-listed companies are black.
And in the year ending in May, although the JSE's All-Share index had increased by 14%, the share price of all but two of the black-controlled firms decreased, according to Business Map.
But to change things, what do we need to do?
Businesses and financial institutions need to make active attempts to change their own management structures. The JSE is already playing a role in encouraging more black people to invest in the JSE, and offering bursaries to previously disadvantaged people.
As government we need to help make the environment for growth and development, and the more equitable spread of wealth, as attractive as possible.
This is why I'd like to announce here tonight that Cabinet has approved in principle a proposal that we position South Africa as the international financial centre for the whole sub-Saharan region.
Already the JSE accounts for more than 90% of the continent's total market capitalization, and we know that there are fewer than 20 stock exchanges in Africa.
We believe that South Africa is in a position to compete with London to intermediate the financial flows that will increasingly drive African economic development. Government is thus four-square behind a push to make South Africa the leading bond market for the region, and the world's leading market in South African and African equities, as well as pushing for the country to become an international banking centre.
We also believe that, between us, we can develop South Africa as a generator and home of worldclass financial skills and a world-class telecommunications industry.
We intend to investigate tax changes that may be necessary to develop our country as an offshore financial centre for the registration of holding companies, and will recommend that the Financial Markets Advisory Board investigate the best possible regulatory frameworks for our financial services sector.
We have a lot going for us. We can, together, turn our economy into one that drives our country into a period of prosperity. The JSE plays a crucial role in this respect. It can harness investment, it can promote the savings culture that we so badly need here, it can attract foreign capital from around the world.
We believe we must grasp change and compete in the global markets that have opened up to us. We are a little old-fashioned about some things, though - for instance, we believe that companies should at least produce some value, unlike Andy Borowitz the New Yorker writer whose second rule of day-trading is: never own stock long enough to know what the company does.
Her third rule involves a dartboard and a computer mouse, which I won't go into lest I be thought to be encouraging speculative capital flows.
In every economic era we will get emptiness posing behind a name - whether it's an "Underground mining rights" company of the last century or a dot.com company in this one.
But our job - our joint task - is to look for the value and to nurture it, through investments, through trust, through providing a friendly economic environment.
On behalf of the Treasury and the Government, I wish you all the best in your new offices, and in your future growth in our country. But don't change your name, even to compete with dragons.
<fn>GOV-ZA.2000121201En.2012-02-10.en.txt</fn>
The National Treasury is pleased to announce the appointment of seven Heads of Division for the Department in accordance with its restructuring and merging process between the then Department of State Expenditure and the former Department of Finance.
After a rigorous interview process, the Department submitted a memorandum to cabinet as per existing policy and arrangements, that the Minister must obtain Cabinet's concurrence for the filling of posts on the level of Deputy Director - General. The candidates will effectively fill in their positions as from the 1st January 2001.
Accountant-General: Mr Mamoojee has extensive knowledge, experience and skills of the key performance areas of the post. He is a qualified Chartered Accountant and possesses superior expertise in the preparation of the Government's Financial Statements. Throughout his career in the Department Mr Mamoojee has proven his abilities to optimally utilise employees under his supervision.
Asset and Liability: Mr Molefe has broad knowledge and skills of asset and liability management. He has a ferocious passion for his work, which enables him to strike a harmonious balance between the trade-off of privatisation of state-owned assets and the need to avert job losses. In addition to his various current responsibilities, Mr Molefe has contributed tremendously to the restructuring of state-owned enterprises.
Budget Office: Mr Donaldson impressed the Committee with his extensive knowledge and qualifications of the key performance areas and requirements on the Budget Office function. He holds qualifications in Masters of Arts in Economics and Masters of Philosophy in Economics and he is also the co-author of various publications in Economics. He displays a deep understanding between government policies and the role of the National Treasury.
Corporate Services: Ms Le Hane has well-established knowledge, experience and skills in human resource management, project management and information technology. The selection panel noted that Ms Le Hane has the advantage of experience in the different aspects of the position above the other candidates. With the rationalisation of the former Department of Finance Ms Le Hane was primarily responsible for the establishment of the Corporate Services component of the new Department. This responsibility was achieved with great expertise.
Economic Policy and International Financial Relations: Mr Kganyago has detailed and vigorous knowledge of the South African economy. He has the capability to navigate complex terrain relating to macroeconomic dimensions and has established excellent relationships with the international players in capital markets and rating agencies. These skills will be invaluable in managing relationships with the multilateral institutions. Mr Kganyago has extensive experience and understanding of liability management and economic policy, especially his abilities in the financing of government's budget deficit from various sources. He holds a Masters of Science degree in Economics, and has demonstrated the ability to transfer his skills to employees.
<fn>GOV-ZA.2000121202En.2012-02-10.en.txt</fn>
The National Treasury has recently appointed seven Heads of Division. The candidates will effectively fill in their positions as from the 1st January 2001.
<fn>GOV-ZA.20002555NoticeAcessinfoEn.2012-02-10.en.txt</fn>
Government Gazette, No.
PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (ACT No.
The Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (the Act), gives effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights. In General Notice 1813 published in Gazette No. 21146 of l 2 May 2000 interested parties were invited to submit requests or suggestions regarding the implementation of certain provisions of the Act.
It is now intended to put the Act, with the exception of sections 10, 14, 15, 16, 19, 51 and 52, into operation as soon as possible. At this stage the intended date for commencement is 15 September 2000. The outstanding sections will be put into operation as soon as possible thereafter and after certain outstanding issues, for instance the formulation of regulations in terms of those sections, have been addressed.
3.1 In order to ensure effective implementation of the Act, as proposed in paragraph 2 above, regulations must be promulgated for purposes of sections 18 and 53 which provide for the form of request for access to records, sections 22 and 54 which provide for the request and access fees and section 75 which provides for notice of appeal and appeal fees.
3.2 Draft regulations to give effect to the aforementioned sections are as set out in the Schedule hereto for comment. At this stage the amounts of the fees are not reflected in the draft regulations and motivated suggestions in this respect will be appreciated. The draft regulations will be finalised after the evaluation of comment received and will be promulgated simultaneously with the commencement of the Act. Due to the short period allowed to submit comment on the draft regulations, the regulations to be published will be regarded as interim regulations. Proper consultation will take place after the remaining regulations (in terms of those sections which will not commence on 15 September 2000) have been drafted.
The appointment of deputy information officers to alleviate the burden of information officers and to ensure that access is rendered within the prescribed periods.
The possible training of information officers and deputy information officers.
Depending on the number of internal appeals it may be necessary for the relevant authority (for instance a Minister) to delegate his or her powers.
Comment on a.
the viability of the incremental approach envisaged to put the Act into operation; and c.
the proposed date of commencement, will be appreciated. If no response is received by the closing date it will be deemed that you agree with our proposals.
"the Act" means the Promotion of Access to Information Act, 2000 (Act No.
A request for access to a record, contemplated in section 18(1) of the Act, must be made in the form of Form A of the Annexure.
The request fee payable by every requester, other than a personal requester, referred to in section 22(1) of the Act is R.
A postal fee of R is payable when a copy of a record must be sent to a requester.
For purposes of section 22(2) of the Act a.
six hours as the hours to be exceeded before a deposit is payable; and b.
one third of the access fee is payable as a deposit by the requester.
a. For every photocopy of an A4-size page or part thereof.
b. For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form.
c. For a copy in a computer readable form on i. ii. stiffy disk compact disk.
d. (i) For a transcription of visual images (ii) For a copy of a transcription of visual images.
e. (i) For a written transcription of an audio reproduction (ii) For a printed transcription of an audio reproduction.
f. i. aa. bb. On any request to inspect any written or printed record if the correct reference number is furnished if an incorrect or no reference number is furnished.
ii. iii. view a record of visual images listen to words or information recorded and and reproduced in the form of sound.
g. To search for the record and prepare the record for disclosure, R for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation.
A request for access to a record, contemplated in section 53(1) of the Act, must be made in the form of Form B of the Annexure.
For purposes of section 54(2) of the Act a.
six hours as the hours to be exceeded before a deposit is payable: and b.
c. i. ii. For a copy in a computer readable form on stiffy disk compact disk.
Notice of an internal appeal, contemplated in section 75(1) of the Act, must be lodged in the form of Form C of the Annexure.
The appeal fee payable in respect of the lodging of an internal appeal by a requester against the refusal of his or her request for access, contemplated in section 75(3)(a) of the Act, isR.
(Section 18(1) of the Promotion of Access to Information Act, 2000 (Act No.
The name and postal or street address, fax number or e-mail address of the information officer must be stated below.
The particulars of the person who requests access to the record must be recorded below.
Furnish an address and/or fax number in the Republic to which information must be sent.
Proof of the capacity in which the request is made, if applicable, must be attached.
This section must only be completed if a request for information is made on behalf of another person.
Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.
If the space provided for is insufficient to complete this section, please continue on a separate folio and attach it to this form. The requester must sign all the Additional folios.
A request for access to the record will only be processed after a request fee has been paid, unless you are exempted from paying such fee.
You will be notified of the amount required to be paid as the request fee.
2. 3. Mark the appropriate box with an "X". NOTES: Your indication as to the required form of access depends on the form in which the record is available. Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.
If record consists of visual images (this includes photographs, slides, video recordings, computer generated images, sketches, etc.
Mark your choice below. REMEMBER: If you require a record to be posted to you, you will have to pay a postal fee.
If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you YES N?
Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available.
In which language would you prefer the record?
You will be notified in writing whether your request has been approved. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
How would you prefer to be informed of the decision regarding your request for access to the record?
(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No.
The name and postal or street address, fax number or e-mail address of the head of the private body must be stated below.
If the space provided for is insufficient to complete this section, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
The fee payable for access to the record depends on the form in which access is required.
2. 3. Mark the appropriate box with an "X". NOTES: Your indication as to the required form of access depends on the form in which the record is available. Access in the form requested may be refused in certain circumstances. In such a ease you will be informed if access will tee "ranted in another form. The fee payable for access to the record, if any, will partly be determined by the form in which access is requested.
(Section 75 of the Promotion of Access to Information Act, 2000 (Act No.
NOTE: A person who lodges an internal appeal may have to pay an appeal fee. If an appeal fee is payable, the decision of the internal appeal may be deferred until the fee is paid.
The particulars of the person who is lodging the internal appeal, must be completed below.
Proof of the capacity in which appeal is lodged, if applicable, must be attached.
If the appellant is a third person and not the person who originally requested the information, the particulars of the requester must be stated at C below.
This section must ONLY be completed if a third party (other than the requester) is lodging the internal appeal.
Refusal of request for access.
Decision regarding fees determined in terms of section 22 of the Act.
Decision regarding the extension of the period within which request must be dealt with in terms of section 26(1) of the Act.
Decision in terms of section 29(3) of the Act to deny access in the form as requested by the requester.
Decision to grant request for access.
If the space provided for is insufficient to complete this section, please continue on a separate folio and attach it to this form. You must sign all the additional folios.
You will be notified in writing of the decision on your internal appeal. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
(state rank, name and surname of information officer) Appeal accompanied by the reasons for the deputy information officer's decision and, where applicable, the particulars of any third party to whom or which the records relates to, submitted by deputy information officer on (date) to the relevant authority.
<fn>GOV-ZA.2000En.2012-02-10.en.txt</fn>
Notwithstanding the alteration of the area of jurisdiction and amendment of the Government Notice, contemplated in paragraphs (a) and (b) above, the adjudication of claims from the district of Botshabelo which have already commenced shall, if such adjudication has at the date when the Small Claims Court for Botshabelo is established by the publication of this Government Notice in the Government Gazette not been concluded, be continued and concluded in the Small Claims Court of Bloemfontein as if the area of the Small Claims Court of Bloemfontein has not been altered.
Government Notice No R. 1121 published in Government Gazette No 33817 dated 1 December 2010: Amendment of Schedule No 1 (No 1/2B/153), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 1123 published in Government Gazette No 33817 dated 1 December 2010: Amendment of Schedule No 1 (No 1/3B/13), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 1125 published in Government Gazette No 33817 dated 1 December 2010: Amendment of Schedule No 1 (No 1/5B/151), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 1127 published in Government Gazette No 33817 dated 1 December 2010: Amendment of Schedule No 3 (No 3/666), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 1145 published in Government Gazette No 33824 dated 3 December 2010: Amendment of Schedule No 3 (No 3/667), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Act, 1999 (Act No 1 of 1999).
Government Notice No R.9 published in Government Gazette No 33926 dated 14 January 2011: Amendment: Orders and Rules in terms of the Exchange Control Regulations, 1961.
Government Notice No R.58 published in Government Gazette No 33983 dated 4 February 2011: Amendment of Rules (DAR/80), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R.75 published in Government Gazette No 33983 dated 4 February 2011: Amendment of Schedule No.2 (No.2/333), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R.76 published in Government Gazette No 33983 dated 4 February 2011: Amendment of Schedule No.3 (No.3/668), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Report and Financial Statements of Amatola Water for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of Sedibeng Water for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Government Notice No R.1080 published in Government Gazette No 33763 dated 19 November 2010: Compulsory Specification for Motor Vehicles of Category M1 in terms of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R.1229 published in Government Gazette No 33897 dated 24 December 2010: Amendment: Compulsory Specification for Compact Fluorescent Lamp's, CFL's (VC9091) in terms of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
<fn>GOV-ZA.2000V5n1AprEn.2012-02-10.en.txt</fn>
Vol. 5 No.
It is with a great feeling of sadness that the Commission has learned about the illness of the Chairperson of the SA Law Commission, Chief Justice I Mahomed. The Commissioners and members of the Secretariat wish him a speedy and full recovery and assure him and his family of their continued support.
The Commission congratulates Mr Jeremy Gauntlett SC, member of the Cape Bar and part-time Commissioner of the Law Commission, who was elected Chairperson of the General Council of the Bar of South Africa at its annual general meeting on 23 July 1999.
At a cocktail ceremony held in Cape Town on 31 March 2000, the South African Law Commission awarded a prize for the best law reform essay of 1999. The prize, in the form of computer equipment and software, was sponsored by Juta & Co and the competition was open to final-year LLB students at South African universities.
The winner, Mr Richard Moultrie of the University of Cape Town, with an essay entitled The Instrumental and Moral Rationality of a Good Faith Doctrine in the South African Law of Contract, was the unanimous choice of the panel.
The Law Commission wishes to thank all those who participated and, in particular, Juta & Co for providing a very lucrative prize. The competition is expected to become an annual event.
Professor Thandabantu Nhlapo, the full-time member of the Commission, has accepted an appointment as Visiting Professor of Law at the Harvard Law School for the winter term (January) 2001. He will offer an examinable elective course in Constitutionalism, Human Rights and the Problem of Multiculturalism within the Law School's Human Rights Program. The Commission congratulates Professor Nhlapo for the honour.
Discussion Paper 89 deals with the right of the Director of Public Prosecutions to appeal on questions of fact and contains recommendations on the amendment of the Criminal Procedure Act.
In 1997 the Minister of Justice was approached by Advocate Kahn SC (the Attorney-General of the Cape) to have the law changed to allow the Attorney-General (now Director of Public Prosecutions) to appeal on a question of fact , i e, relating to the merits of the case. The Minister requested the Law Commission to include an investigation into the matter in its programme as part of its investigation into the simplification of criminal procedure. This aspect was subsequently included in the Commission's broader investigation in project 73 (Simplification of criminal procedure).
As the law stands at present, an accused can appeal, subject to certain procedural qualifications, against any aspect of bail, a conviction or sentence in a criminal case. The accused may also have proceedings in lower courts reviewed and, in the case of the High Court, have irregularities dealt with by way of appeal or special entry.
The State, on the other hand, may appeal (also subject to similar procedural qualifications) against the grant of bail, an acquittal on a legal ground and also against an inadequate sentence. Experience has shown that these rights are used sparingly by the State. What the State does not have is any right to appeal against a finding of not guilty in relation to the facts of the case - the so-called appeal on the merits. The difference between questions of law and fact is often one of extreme difficulty to judge or apply and there are many reported cases dealing with the distinction. The same problem arose in the context of tax appeals, for instance, and because of the ever present difficulty the distinction in tax cases has been abolished without any deleterious effect.
In the present context there are conflicting policy considerations. The one is that an accused person has benefits and protections - some of which are guaranteed by the Constitution - which the prosecution, representing the community and the victims of crime, does not always enjoy. The administration of justice in South Africa (especially with regard to criminal procedure) has followed the English tradition and has always been characterised by liberality and respect for the individual.
On the other hand, there are the interests of society, whose members (not only the victims) also enjoy the rights contained in the Bill of Rights and are entitled to a just and fair decision in criminal cases. They have an interest in the conviction and sentencing of a person who is clearly guilty and who, because of incompetence or obvious errors in the court proceedings, goes free. It cannot be doubted that a significant number of criminals go unpunished due to numerous flaws in the administration of the criminal justice system.
In considering the question whether a procedure such as the right to appeal should be changed, it is also imperative to consider whether the system, which denies the State a full right of appeal, satisfies present demands and whether changes may contribute towards achieving justice in the administration of the criminal law. Some regard must be given to cost and time factors and one must balance all the relevant considerations. In the end the question essentially boils down to this: since the State has a right of appeal in connection with bail, sentence and questions of law, why should it not have a similar right in relation to factual matters In other words, why should the right of appeal not be general Having carefully considered the numerous countervailing factors, the Commission concluded that on balance there is merit in extending the right of the State to appeal on questions of fact. The Commission therefore recommended that the Criminal Procedure Act be amended to make provision for the right of the State (Director of Prosecutions or Prosecutor) to appeal on questions of fact from both lower and superior courts?
The Commission invites the comments of all parties who feel that they have an interest in the topic or may be affected by the amendment. Individuals, organisations and institutions affected by the amendment or who are likely to be affected by possible amendments to the existing legislation should participate in this debate and are invited to indicate how the present law affects them, what their concerns are, what solutions they are able to propose and whether there are other issues and/or options affecting the law relating to appeals by the State in criminal cases that must be explored.
Based on the outcome of these comments and discussions, a report containing the Commission's final recommendations will be prepared and presented to the Minister of Justice.
The closing date for comment on Discussion Paper 89 was 31 March 2000.
Discussion Paper 90 deals with the application of the Bill of Rights to criminal procedure, criminal law, law of evidence and sentencing and contains recommendations on the amendment of the Criminal Procedure Act.
In 1994 the Minister requested the Commission to give urgent attention to the problems arising from the application of the Bill of Rights to criminal procedure, criminal law, law of evidence and sentencing. A new investigation was consequently included in the Commission's programme (Project 101 - The application of the Bill of Rights to criminal procedure, criminal law, the law of evidence and sentencing). The Discussion Paper focuses only on those sections which are clearly unconstitutional and which need urgent consideration. The Commission concluded that neither the Commission nor the Project Committee dealing with the investigation should usurp the function of the Constitutional Court and decide on the constitutionality of those sections of the Criminal Procedure Act which are only arguably unconstitutional. In those instances the Constitutional Court should rather develop the case law step by step. While the Discussion Paper primarily focuses on provisions which are considered to be clearly unconstitutional, the constitutionality of some other provisions and whether or not they should be amended in the scope of the investigation, is also dealt with. In these instances the provisions and suggestions for amendment are included in the discussion paper for purposes of inviting comment.
the right to a fair trial, for example, section 213 (proof of written statement by consent); sections 105, 119, 126 and 213 (the unrepresented accused).
The closing date for comment on Discussion Paper 90 was 31 March 2000.
Discussion Paper 91 deals with a new sentencing framework for South Africa and contains recommendations on the enactment of a new Sentencing Framework Act.
The South African sentencing system faces various problems. There is a perception that like cases are not being treated alike; that sentencers do not give enough weight to certain serious offences; that imaginative South African restorative alternatives are not being provided for offenders that are being sent to prison for less serious offences; that sufficient attention is not being paid to the concerns of victims of crime; and that, largely because of unmanageable overcrowding, sentenced prisoners are being released too readily.
The background research conducted by the Commission has shown that the mandatory minimum sentences introduced by the 1997 Criminal Law Amendment Act, which sought to ensure that some serious offences were punished more severely and also to bring a measure of uniformity to the sentencing process, has effected some changes. Sentences for some crimes, most prominently rape, are now longer than they were before. However, some difficulties with the 1997 Act remain.
Judicial officers, many of whom were opposed to the Act from its inception, have continued to criticise it for limiting their discretion. Even if their objection in principle is set aside, there are difficulties for sentencers in applying the new legislation. The Act deals with only some of the crucial issues. Only a limited number of crimes is covered while other serious crimes are not dealt with at all (kidnapping, for example, is not included), thus disturbing the proportionality between various types of crime. Most importantly, judges have interpreted inconsistently the "substantial and compelling circumstances", which have to be found before departure from the prescribed minima is allowed. Where they have thought that the prescribed sentence would on balance be too heavy they have sought to find that "substantial and compelling circumstances" were present and have described aspects of crimes as making them less serious. In the process they have both incensed the public and defeated the legislative objective of consistent toughness. The finding that a father who raped his young daughter represented no threat to the public at large, and that a ruling of substantial and compelling circumstances justifying the departure from a prescribed minimum sentence could be based on that "fact", amongst others, is a notorious example of such a case.
When the1997 Criminal Law Amendment Act was passed no thought appears to have been given to what impact it would have on sentencing patterns, which in turn would have a knock-on effect on the prison system that would have to implement the new longer sentences. The reason for this may be that the legislation was designed to be temporary. The problem was not picked up immediately as the Act only came into force on 1 May 1998. Even then its effect was not felt for a considerable time since it applied only to offences committed after that date. The serious offences for which minimum sentences are prescribed take several months to come to court with the result that only in the latter half of 1999 were the minimum sentences prescribed by the Act regularly being imposed. Nevertheless, the impact of a sudden and significant increase in the number of life sentences, for example, will be felt for many years to come.
The research on mandatory minimum sentences, which the Committee conducted at the same time as the 1997 Criminal Law Amendment Act was passing through Parliament, confirmed that there was considerable opposition from the judges in particular to a scheme of legislated fixed sentences, even though it might provide a solution of a kind to the problems of sentencing disparity and of ensuring that serious crimes were punished with sufficient harshness. There was also significant opposition to binding guidelines developed by an independent sentencing commission. The idea of a system operating along the lines of the well-known Minnesota Sentencing Guidelines, which are generated by an independent commission, did, however, receive the support of the majority of the members of the Natal bench of the High Court.
The research conducted on restorative justice revealed that there was near universal support for giving victims an increased, although still not dominant, role in the sentencing process. It also found a significant sentiment favouring the use of restorative justice initiatives in less serious cases. In addition, there was no doubt that respondents felt that current measures for the compensation of victims of crime could be improved.
The Commission accepts that there is substance to the criticism of the sentencing system that has been advanced in the past decade, both before and after the introduction of the 1997 Criminal Law Amendment Act. An ideal system should be seen to promote consistency in sentencing, deal appropriately with concerns that particular offences are not being regarded with an appropriate degree of seriousness, allow for victim participation and restorative initiatives and, at the same time, produce sentencing outcomes that are within the capacity of the State to enforce in the long term. The Commission therefore proposes a framework that in its view can meet all these desiderata to the greatest extent possible.
Such a framework will require the co-operation of the different branches of government. A single branch cannot solve the problem on its own. Reform proposals should combine, as far as possible, the advantages that may be derived from the involvement of all three branches of government in the sentencing process and eliminate the disadvantages inherent in giving a single one of them priority. In the model that the Commission proposes, sentencing decisions will continue to be made by the courts, but these decisions will be informed by new initiatives from the legislative and administrative branches that will meet the need for consistency, as well as for sensitivity to the seriousness of offences, the needs of victims and the capacity of the system to carry out sentences that have been imposed.
The key recommendation of the Commission is that the different arms of government enter into a new partnership on sentencing. To limit sentencing disparities there must be more guidance for the courts on sentencing. In the first instance this will take the form of more specific guideline judgments and of normative sentencing guidelines. The Supreme Court of Appeal will give the guideline judgments in the course of the normal appellate process. These judgments will set guidelines in the light of principles developed by Parliament in legislation and information provided by a new Sentencing Council on sentencing patterns, the efficacy of various sentences and the capacity of the State to implement such sentences. The judiciary, key criminal justice departments, sentencing experts, and civil society through representatives of victims' organizations will be represented on this Council.
The Sentencing Council will be able to develop normative guidelines for categories of crime for which the Supreme Court of Appeal has not set guidelines. In addition the Sentencing Council will have to collect and publish comprehensive sentencing data on an annual basis. The Council would have to do research and publish reports on the efficacy and cost effectiveness of the various sentencing options provided by legislation and make policy recommendations on the further development of community corrections in particular.
The guideline-setting function of the Supreme Court of Appeal will retain a key role for the senior judiciary in sentencing decision-making, while provision for the Court to have placed before it information provided by the Sentencing Council would allow it to take into account factors that cannot normally be entertained when single cases are considered in isolation.
The Sentencing Council set up in the way proposed will have the advantages of a sentencing commission in the sense that it would be able to take an overall view of the entire system and make recommendations based on requirements of principle in that light. Its information function will also be important, both in assisting the courts and in shaping public perceptions about the reality of sentencing options.
The Sentencing Council will not be isolated from public opinion as it will have a duty to consult widely. In addition, both cabinet ministers and Parliament would be able to ask it directly to consider the development of guidelines for a category of offences that the public might regard as not being treated with the appropriate degree of seriousness.
A new sentencing framework requires not only a new partnership amongst the different arms of government. It requires also a new partnership between the State and the public in general and victims of crime in particular. The key to this partnership is improved provision for victim involvement in the sentencing process and recognition of victim concerns in the type of substantive sentences that are handed down.
At a substantive level, explicit attention is given to restitution and compensation for victims of crime. Restitution and compensation are key elements of the comprehensive new sentence of community corrections, which also allows victims to benefit from other orders such as community service by the offender and victim-offender mediation. Sentences may also be suspended on condition of restitution or compensation for victims of crime. In every case where neither of these sentences is imposed the court must consider whether a separate restitution or compensation order should be made.
The procedural innovations designed to benefit victims of crime include a requirement that prosecutors, when they intervene on sentence, must consider the interests of victims in every case. There is provision for victim impact statements to be presented to the courts so that they may learn what impact the crime had in practice. Victims must be told when and how they may be involved in the eventual release of sentenced offenders from prison. These innovations are backed by detailed rules to ensure that victims are told of their rights. There are also provisions to ensure that the income of offenders is revealed so that they can be ordered to make reparation for their crimes in an appropriate way.
The various changes that are proposed will be combined in a new piece of legislation, the Sentencing Framework Act. The Commission is putting forward a draft proposal for such a new Act. The new legislation will contribute to legal certainty by bringing together in one easily accessible law all the provisions dealing with the imposition of sentence. The general principles applicable to sentencing will be clearly stated. The publication of normative sentencing guidelines will simplify the task of the courts, thus contributing to speedy and effective justice and ensuring that offenders know what to expect. Simplified procedural rules will make it clear to the public what is happening in the sentencing process and encourage public participation in the administration of justice.
The closing date for comment on discussion paper 91 is 31 May 2000.
In March 1996 the Minister of Justice approved the inclusion of the review of security legislation in the Commission's programme and subsequently appointed the project committee to deal with this investigation. The Interception and Monitoring Prohibition Act of 1992 is the first subject which was considered by the project committee as part of this investigation. In future the project committee will consider other areas of the law relating to security.
The Working Committee of the Commission approved the publication of Discussion Paper 78 for general information and comment in December 1998. Discussion Paper 78 deals with the Interception and Monitoring Prohibition Act of 1992 and contains recommendations on the amendment of the Act.
Twenty seven respondents commented in writing on the discussion paper. The project committee met on 29 May 1999 with parties representing telecommunication service providers, law enforcement, intelligence and security agencies. Their views and those reflected in the written comments were taken into account. The Report containing a draft Bill was submitted to the Minister for Justice and Constitutional Development on 23 November 1999.
The regulation of the interception of cellular communications.
The insertion of a definition of "communication" into the Act to ensure that any conversation or communication can be intercepted.
The addition of further offences in the definition of "serious offence" to fall within the ambit of the Act.
That communications between a legal representative and his or her client may not be intercepted or monitored, except if on reasonable grounds, the judge is satisfied that such a legal representative is involved in, or aiding or abetting a serious offence or an offence threatening the security of the Republic.
That the judge upon application may direct further additions or amendments to an existing directive if he or she is satisfied that the addition or amendment is necessary.
That no person, body or organization rendering a telecommunication service, may provide any such service which does not have the capacity to be monitored and that the investment, technical, maintenance and operating costs in enabling a telecommunication service to be monitored, shall be carried by the person, body or organization rendering such a service.
That any person, body or organization rendering a telecommunication service shall at own cost and within the period specified in a directive by the Minister for Posts, Telecommunications and Broadcasting, acquire the necessary facilities and devices to enable the monitoring of communications and that the remuneration payable to telecommunication service providers referred to in the Act shall only be in respect of direct costs incurred in respect of personnel and administration and the lease of telecommunications systems, where applicable, and shall not include the costs of acquiring the facilities and devices.
That the South African Police Service, the South African National Defence Force, the Intelligence Agency and the Secret Service shall, at State expense, equip, operate and maintain central monitoring centres for the authorized monitoring of conversations or communications and that an agreement on the sharing of any such central monitoring centre shall not be excluded.
That the availability of the procedures set out in the Bill in respect of the ongoing provisioning of call-related information shall exclude the use of any power in any other Act, to obtain evidence or information in respect of a person, body or organization.
That any person, body or organization rendering a telecommunication service shall ensure that proper records regarding identities and addresses are kept in respect of clients to whom a telecommunication service is provided, whether on a prepaid or contract basis and to require positive identification from a client to whom such a service is provided.
That any person, body or organization rendering a telecommunication service, shall provide such information regarding the customer who has contracted for the use of such telecommunication service to the South African Police Service, the South African National Defence Force, the Agency or the Service, as may be required by an officer or member, to fulfil the functions and exercise the powers authorized by law.
That if a judge considers any case to be sufficiently urgent, the procedure set out in the Act may be dispensed with and the matter may be dealt with in such manner and subject to such conditions as the judge may deem fit, including the grant in any appropriate case of an oral directive followed up by written application incorporating the terms of the directive within one week, and that where an oral directive was issued, the judge must reduce it to writing within two days.
That the use of any information obtained through the application of the Act, or any similar Act in another country, as evidence in any prosecution, is subject to the decision of a Director of Public Prosecutions or an Investigating Director.
That information regarding the commission of any criminal offence, obtained by means of any interception or monitoring in terms of the Act, or any similar Act in another country may be admissible as evidence in criminal proceedings.
The Commission recently submitted its report on the review of the Law of Insolvency to the Minister for Justice and Constitutional Development.
A project committee was appointed to assist with the investigation. The committee held 28 meetings. Six interim reports were issued and seven working papers were published for comments. Discussion Papers 66 and 86 with Draft Bills and Explanatory Memoranda were published for comments during 1996 and 1999 respectively. More than 350 pages of comments were received on Discussion Paper 66 alone.
The principal Act dealing with insolvency in South Africa is the Insolvency Act 24 of 1936. This Act replaced the Insolvency Act of 1916 but did not amend it drastically. The 1936 Act has been amended more than 20 times, but it has never been reviewed as a whole.
The main aim of the investigation was to balance and satisfy the needs of the different stakeholders. The major stakeholders are the commercial community in general (creditors in particular), insolvent debtors, insolvency practitioners and the government. Because of conflicting interests it is often difficult to strike a fair balance between the different interests. Effective, speedy and fair procedures are important needs of stakeholders and formed the basis for the review.
A draft Bill for the insolvency of individuals is contained in Volume 2 of the report. A summary of the changes proposed in the Bill appear on page 14 of Volume 1 of the report. Many of the changes are technical.
Only a person who is a member of a professional body recognised by the Minister may be appointed as liquidator (clause 53(1)(a)).
The discretion of the Master of the High Court to appoint a liquidator of his or her choice has been limited in cases where creditors nominate or vote for a liquidator (clauses 32, 52, 54, 55, 58 and 60).
Liquidators may preside at meetings unless questioning is to take place at the meeting or an interested party requests that the Master or a magistrate should preside (clause 41(3)).
Resolutions can be adopted at the first meeting which is now convened by the initial liquidator as soon as possible after his or her appointment and not by the Master (clause 38).
A creditor under a financial lease agreement is treated as a secured creditor and must prove a claim (clause 76).
Many of the preferent claims (for instance for taxes) are abolished in terms of clause 80.
In respect of dispositions before liquidation that may be set aside, wider provisions apply to associates of the insolvent than to other persons (clauses 18 and 20) and it is presumed for all dispositions, until the contrary has been proved, that a debtor's liabilities exceeded his or her assets at any time within three years before the liquidation of the estate (clause 25(2A)).
A cap of R200 000 has been placed on the exclusion of pension benefits from the insolvent estate (clause 15(4)) and certain extraordinary contributions to pension funds may be recovered for the benefit of creditors (clause 22).
Provision is made for a binding composition between a debtor and a majority of creditors without an application to declare a debtor's estate insolvent (Schedule 4).
The value of reforms of a practical or technical nature should not be underestimated. It is in the interest of the economy and society as a whole that insolvency problems should be solved fairly and efficiently. For instance, a seemingly innocuous proposal that directions by creditors should be obtained early in the liquidation process is expected to have a marked effect on finalising insolvencies and limiting the time that funds are caught up in insolvent estates; especially in difficult economic times it is important that money should be available to generate growth and should not be entangled in tiresome and time-consuming procedures.
The Commission appreciates the importance of corporate insolvencies and the benefit of uniform legislation for all corporate and individual insolvencies. Considerable progress on the finalisation of uniform legislation has been made by the Centre for Advanced and Corporate Insolvency Law of the University of Pretoria. It is envisaged that final proposals for uniform legislation, which incorporate the proposals for individuals in the Commission's report, will be available in the near future.
The public are invited to submit proposals for law reform to the Commission and to give information in respect of any of the projects of the Commission.
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The late Chief Justice I Mahomed was appointed as Chairperson of the South African Law Commission on 1 January 1996 for a term of three years. On 1 January 1999 he was re-appointed as Chairperson, an office which he held until his death on 17 June 2000.
Under his leadership the Commission committed itself to law reform that would be open, fair, relevant and responsive. Chief Justice Mahomed was the driving force behind making the Commission a community-orientated institution which could be perceived as a bridge between the people and the law. ALaw reform agencies review the past, reform the present and anticipate the future@ is a phrase coined by Chief Justice Mahomed which became the guiding principle of the South African Law Commission.
Chief Justice Mahomed will be remembered as a Chairperson who passionately shared the ideal of the South African population in expecting the legal system to embody justice and to promote respect for the democratic values of our Constitution. He will be greatly missed by the Commissioners, researchers and administrative staff of the Law Commission.
It is proposed that couples contemplating a marriage should have the right to choose a marital system which is compatible with their religious beliefs and with the Constitution. This implies that the marriage could, by way of contract, be governed by Muslim Personal Law, or by secular law, having regard to constitutional and political constraints in the present circumstances.
To the extent that legislation is to give effect to the recognition of Islamic marriages, it is suggested that the new statute ought to provide for both new marriages and existing marriages.
$ The age of consent, which should be 18 years.
$ Actual and informed consent to the conclusion of a marriage in written form.
$ The designation of marriage officers who are entitled to perform Islamic marriages.
$The registration of marriages by the signing of a marriage register.
$ The formalities pertaining to the time, place and manner of solemnisation of Islamic marriages.
$ The appropriate marriage formula for the solemnisation of an Islamic marriage.
$ A prohibition on marriages within certain prohibited degrees of relationship, including the rules relating to fosterage according to Muslim Personal Law.
$ A standard contractual provision in terms of which a Muslim Personal Law system is established in the event of parties contemplating a Muslim marriage.
$ The prescription of penalties for false representations or statements.
In the case of existing marriages, and in view of the recent decision in Amod & Another v Multilateral Motor Vehicle Accidents Fund, in which the Court gave legal recognition to a Muslim marriage for purposes of the duty of support, little difficulty arises in affording recognition to de facto monogamous marriages. It is suggested that such marriages would require registration upon satisfactory proof to a designated marriage officer that there is an existing Islamic marriage. Proposals are invited concerning the affording of recognition to polygamous marriages entered into before the commencement of a new statute, particularly in regard to potential complications such as existing proprietary rights, maintenance, succession and social welfare benefits.
Regarding the consequences of registration of existing Islamic marriages, it is suggested that parties who choose to register existing Islamic marriages must reach agreement as to the appropriate matrimonial property regime. Again no particular difficulties are envisaged in respect of de facto monogamous marriages. The recognition and registration of existing polygamous marriages would, it is suggested, have to take account of the special position of the wives to such a marriage and the special need to provide protection of their proprietary rights and interests as well as the interests of the children born of the various marriages.
The difficulties arising when there is an existing civil marriage and a subsequent Islamic marriage, or vice versa, need to be addressed.
Regarding divorce and the issue of dissolution of a marriage by Talaq, it is submitted that whilst a Talaq takes effect upon pronouncement, it should be confirmed by a court to avoid abuse and to protect the interests of minor children. Moreover, it is suggested that legislation which recognises aspects of Muslim Personal Law must also provide for an effective system of dispute resolution in accordance with the Qur=anic directive providing for mediation in matrimonial matters.
In order to deal with constitutional concerns, it is suggested that any proposed legislation stipulating the grounds on which the conclusion of a polygamous marriage would be permissible, has to be contractually regulated in recognition of the limitations set out by the Qur=an itself. Comment is required on whether a judge should or should not decide that the circumstances prescribed by the Qur=an exist justifying a second marriage.
In view of the fact that wives and children frequently require special protection to ensure their continued welfare upon the dissolution of a marriage, it is proposed that appropriate protections should be included in any statute giving recognition to Muslim Personal Law.
The closing date for comment on Issue Paper 15 has been extended to 31 August 2000.
The Law Commission=s consideration of Uniform National Legislation on the Fencing of National Roads emphasises the need for a single law to regulate the problems currently encountered by broken fences resulting in animals straying into roads which cause accidents to occur.
What should the scope of the investigation be Should it include both national and provincial roads Are the problems which the legislation is aimed at remedying not happening on local roads as well Stock farmers are essentially concerned about the following aspects: who bears the responsibility for the erection of fences and who bears responsibility for the maintenance of existing fences and liability which arises as a consequence of the failure to maintain fences. Would clarity be obtained in respect hereof if the scope of the proposed uniform legislation is restricted to only national roads Thus should the investigation focus only on national roads or should it be broadened to include other roads as well?
Does the national government have the legislative competence to promulgate laws in respect of fencing along provincial roads and municipal roads, or is this a matter of exclusive provincial competence If so, should the contemplated uniform legislation only pertain to national roads and should there also be draft legislation which the provinces could adopt Would that solve the problems complained of?
Should any legislation pertaining to fencing along public roads not be contained in the Fencing Act Should it be administered by the National Roads Agency and/or its provincial counterpart, if any If so, would this be part of the Agency=s responsibilities in terms of the National Roads Act Possibly, stock-farmers would prefer a situation where the legislator imposes a statutory duty on the relevant authorities to maintain fences. Were the legislator to impose a statutory duty to maintain (and control) a fence on a specific person or body, such a person or body would generally be held liable for damages arising from a failure to comply with this duty. Should this be the case?
The current provincial road ordinances lack uniformity, but not only in respect of the fencing of public roads. Although in principle this may not be desirable, does this aspect alone necessarily warrant the attention of the legislator Do conditions differ from province to province requiring the respective relevant agencies to exercise a discretion or should there be uniformity in respect of which roads should be fenced Is there a need for uniformity in provinces in respect of which party bears the cost and absorbs the liability of the maintenance costs associated with fences along roads Should this be distinguished depending on whether it is a national, provincial or local road Also should this be borne solely by the relevant provincial government, the local authority or the national government Or should this be a shared expense between owner or farmer on the one hand, and the relevant government organ on the other Furthermore, should one not have regard to how different provinces implement the existing ordinances?
Are the farmers experiencing increasing claims for damages caused by broken or stolen fences Is the owner of the farm more likely than not the person who is in control of the fence Where the owner of the land is not in control of the fence, (does not farm the land) should the farmer be held liable for broken fences In other words should there be a differentiation between the liability of the owner and that of the farmer?
Would each and every public road require fencing What should the criteria be to exempt certain roads from being fenced Is control synonymous with ownership or should it mean factual control?
The common law raises the question whether a legal duty to erect a fence should in fact be established by circumstances (location, farming activity, whether a danger is created etc) which would dictate that a farmer should clearly be obliged to ensure that his activities do not create a new danger or source of danger. Would this require legislation and if so, does it have to be uniform legislation throughout the country or should the substance of the legislation be dictated by regional considerations?
Would the farmer/owner/tenant not fulfil his or her legal duty if he or she periodically inspected the fence and repaired damaged sections What about areas where there are no fences Who should erect them The local, provincial or national authorities or the person in control of the land Or are they not required In light of the foregoing does the common law in respect of liability and the legal duty imposed on a person in control of the fence impose an unduly onerous burden on such a person?
Why should the government (provincial or national) bear the costs of erection and maintenance of fencing and by implication be liable for damages arising from damaged and broken fencing?
The closing date for comment on Issue Paper 16 is 29 September 2000.
The Discussion Paper contains provisional recommendations and a draft Anti-Terrorism Bill. The current South African statutory and common law provisions criminalising conduct constituting terrorism are analysed and compared with legislation enacted in foreign jurisdictions to deal with the phenomenon of terrorism.
Arguably any act of terrorism can be prosecuted in terms of the existing law as such an act would constitute an offence, whether under statute or the common law. The worldwide trend, however, is to create specific legislation based on international instruments relating to terrorism. It is imperative that South Africa sign, ratify or accede to the respective instruments relating to terrorism as soon as possible. For this purpose two options are available. One is for the Government Departments involved to amend present legislation pertaining to nuclear energy, civil aviation, etc on the basis of the relevant international instruments. The other is to draft an omnibus Act addressing the issue of terrorism on a broader basis. The Discussion Paper reflects the second option.
Terrorist acts should under no circumstances be justifiable, even under the guise of the label Apolitical offence@.
Those actions which constitute Aterrorist acts@ and the meaning of Aterrorist organisation are defined.
Provision is made for offences relating to the provision of material, logistical or organisational support or any resources; membership of a terrorist organisation; hijacking an aircraft; endangering the safety of maritime navigation; terrorist bombings; taking of hostages; safety of internationally protected persons; protection of property occupied by internationally protected persons; platforms fixed to the seabed; nuclear terrorism, such as possession of radioactive devices, unlawful use of radioactive material or devices, and causing damage to a nuclear facility.
The jurisdiction of South African courts in relation to offences under the Bill.
The Bill empowers the police to stop and search vehicles and persons.
Compelling evidence needs to be presented to justify detention for interrogation of persons suspected of withholding information relating to terrorist acts.
$ Judicial assessment of applications for warrants for interrogation.
$ Furnishing to the detainee of reasons founding the warrant for detention.
$ Appearances before a judge within 48 hours of detention and again after 5 days.
$ The onus to establish justification for further detention of the detainee.
$ Detention to be for a period no longer than 14 days.
$ A detainee=s entitlement to consult with a legal practitioner of his or her choice.
$ The legal practitioner=s right to be present when the detainee is interrogated.
$ A detainee=s entitlement to be visited and treated by a medical practitioner of his or her choice.
$ A detainee=s right to communicate with and be visited by the spouse or partner, next of kin and chosen religious counsellor.
$ The admissibility of evidence obtained during interrogation from the detainee.
$ The factors to be considered for motivating the need for detention or further detention of a detainee.
$ People possessing information which may be essential for investigating any terrorist act to report such information. The Bill empowers Directors of Public Prosecution to indemnify such persons from being prosecuted in respect of the offences concerned.
The closing date for comment on Discussion Paper 92 is 29 September 2000.
The Discussion Paper contains recommendations and a draft Bill.
The question of succession in customary law has been a burning issue for some time, reaching its climax in June with the decision of the Supreme Court of Appeal in the case of Mthembu v Letsela. The contested positions involve, on the one side, the need to honour the Bill of Rights by removing laws that discriminate against women in matters of inheritance and, on the other, the recognition of customary law in the same constitution as part of the law of the land. The difficult task of trying to reconcile these provisions is complicated in any case by the need to be alive to practical realities and to intervene in ways which do not worsen the situation of people in their daily lives.
These complexities have already seen a draft Bill introduced in Parliament and then withdrawn (1998), and three court cased culminating in the Supreme Court decision. It is worth noting that both the High Court and the Supreme Court of Appeal endorsed the Law Commission=s process of consultation as the best guarantee of the participation of all stakeholders in this sensitive legislative experiment.
to exclude succession to traditional office from the ambit of the Act.
In addition, the Discussion Paper invites specific comment on particular issues of customary law and asks whether these should be incorporated or codified in the Act.
The closing date for comment on Discussion Paper 93 is 22 September 2000.
The report contains final recommendations and a draft Bill on a proposed new child justice system. The report will be handed to the Minister for Justice and Constitutional Development for consideration of the recommendations relating to a new structure to govern children under the age of 18 years who are accused of having committed offences.
In essence, the proposed system aims to ensure that children accused of less serious offences will be afforded the opportunity to pay their debts to society without obtaining a criminal record through a process known as diversion. Diversion is the referral of cases away from the formal criminal justice system to an approved programme or plan. The Commission therefore envisages a cohesive child justice system which strives to prevent children from entering deeper into the criminal justice process while holding them accountable for their actions by means of various diversion options and programmes. These options and programmes embody restorative justice principles, which focus on reconciliation and restitution rather than on retribution and punishment, and lay emphasis on compensation to the victim by the offender with the object of successfully reintegrating both victim and offender as productive members of safe communities. The proposed system does, however, provide for the criminal prosecution of children who are accused of serious or violent offences as well as those who repeatedly commit offences. The system also allows for the secure containment of children who are assessed to be a danger to others. The imprisonment of children awaiting trial will be permissible in certain defined circumstances, but the proposals accord with the constitutional provisions that imprisonment of children should be a measure of last resort and for the shortest appropriate period of time.
The recommendations are based on international human rights standards and constitutional principles. The proposed draft Bill contains a body of principles to guide those who will be tasked with the implementation of this legislation in the future.
The proposed system further aims to encourage a degree of specialisation in child justice practice. In so doing, the Commission is giving effect to a long standing call from service providers and non-governmental organisations for a distinct and unique system of criminal justice that treats children differently, in a manner appropriate to their age and maturity, and which develops mechanisms and processes designed to achieve that goal. For instance, a specialised child justice court at the district court level is proposed. Further, specialisation in relation to the role of the probation officer builds on practical developments in the field of child justice since 1994. It has become increasingly clear that probation officers will be pivotal to the future child justice system, and this notion accords with views expressed by policy-makers as well as with the views of probation workers concerning their own conceptualisation of their duties in a future child justice system.
The Commission=s proposals strive to encompass a vision for, and define the characteristics of a coherent and self contained child justice system, as distinct from a series of procedural provisions which spell out powers and duties for various role-players who can nevertheless operate in isolation from one another.
The report and draft Bill are available on the Internet at the following site : www.law.wits.ac.za/salc/salc.
In November 1999 a Justice Departmental workshop was held on international cooperation between South Africa and foreign states in civil matters.
There have been no significant developments in the field of international civil matters and there is a need to revisit our legislation with a view to developing consolidated legislation. The workshop concluded that the SA Law Commission should be mandated, in consultation with business, to do a thorough research of existing legislation with a view to preparing consolidated legislation on international cooperation in civil matters.
On 7 April 2000 the Commission recommended that the investigation be included in its research programme and the Minister approved the inclusion on 12 June 2000.
The problem does not only relate to the elderly or persons with Alzheimer=s disease, but to any so-called Aincapable adult@.
In 1988 the Law Commission published a Report on Enduring Powers of Attorney and the Appointment of Curators to Mentally Incapacitated Persons. The Mentally Ill Persons= Legal Interests Amendment Act 109 of 1990, which amended the Mental Health Act 18 of 1973, was adopted as a result of the Report.
In terms of section 56 of the Mental Health Act 18 of 1973 the court may appoint a curator to perform or exercise on behalf of a person declared to be mentally ill any particular act in respect of such person=s property or to take care of or administer such person=s property or to carry on any business or undertaking of such person. In terms of section 56A of the Mental Health Act 18 of 1973 a person may apply to the Master for the appointment of a curator to a person who is not declared to be mentally ill, but whom the applicant believes to be suffering from mental illness to such a degree that such person is incapable of managing his or her own affairs. The Master may then appoint a curator to perform the functions as stipulated above.
In September 1995 the Scottish Law Commission published a comprehensive Report on Incapable Adults (Scot Law Com No 151).
It is not limited to mental illness.
acting; or making decisions; or communicating decisions, by reason of mental disorder or of inability to communicate because of physical or other disability.
The relief provided is not limited to property or business. The Incapable Adults Bill makes provision for the property, financial affairs and personal welfare of incapable adults.
The August 1999 Newsletter of Alzheimer Scotland - Action on Dementia reports that the Incapable Adults Bill has been introduced into the Scottish Parliament.
For the first time the law will recognise the right of people with dementia to be involved in decisions affecting their lives and to have their past and present wishes taken into account.
New provisions will make it easier for Acarers@ to manage the finances of the person they care for and to make welfare decisions on their behalf when they can no longer do so for themselves.
The Bill will give Acarers@ a right to be informed and consulted by doctors about treatment decisions; and to give consent to treatment and therapeutic research where they have been appointed the person=s Awelfare attorney@ or guardian.
On 8 June 2000 the Commission recommended that an investigation into Aincapable adults@ be included in the Commission=s programme. The Minister approved the inclusion of the investigation on 31 July 2000.
The Commission=s office hours are from 07:15 to 15:45 on Mondays to Fridays.
Most of the Commission=s documents are also available on the Internet.
<fn>GOV-ZA.2000arEn.2012-02-10.en.txt</fn>
The Commission's doors are open to visitors who wish to obtain information concerning its activities or who wish to discuss matters that are of interest to the Commission. Apart from the interaction with foreign law reform agencies alluded to above, the Chief Justice of Liberia, Madame Justice Gloria Scott, visited the Law Commission on 13 October 2000. She displayed a keen interest in the Commission's work relating to women and children.
In some instances researchers of the Commission and project committee members are invited by government departments, non-governmental organisations and other institutions to attend seminars or conferences and to participate in workshops relating to investigations on the Commission's programme. This inter-sectoral approach facilitates co-operation between the Commission and other role players, serves to publicise the Commission's activities and ensures that duplication of initiatives is avoided.
Workshop on the new sentencing framework: Centre for the Study of Violence and Reconciliation, Johannesburg, 21 June.
Conference on crime and human rights: University of Western Cape, 29 July.
Workshop on victims and their treatment in the criminal justice system: CSVR, Johannesburg, September.
10th international symposium on victimology: Montreal, Canada, 3 -8 August.
International conference on human rights and the administration of criminal justice: International Society for the Reform of Criminal Law, 3 - 8 December.
Round-table plenary session of the 13th international conference on HIV/AIDS (AIDS2000): Durban, 10 July.
AIDS legal network workshop on criminal law and HIV/AIDS: University of Natal, Durban, 13 July.
Staff seminar on HIV/AIDS and Criminal Law, Department of Health, Pretoria, 5 May.
Conference on reviewing justice to prevent crime at local level - diversion and reintegrative shaming: Kyalami Metropolitan Council, NASREC, 23 - 24 March.
Workshop on community participation in the administration of justice: Centre for Study of Violence and Reconciliation, 8 July.
Seminar on protection of victims of violence: UNISA empowerment events, 27 October.
International conference on countering terrorism through enhanced international cooperation: International Scientific and Professional Advisory Council of the United Nation's Crime Prevention and Criminal Justice Programme (ISPAC), Courmayeur, Mont Blanc, Italy, 21 - 24 September.
Workshop on commercial sexual exploitation of children: Department of Welfare, 19 July.
Seminar on the role of statistics and research in combating rape: CSIR, 14 August.
Briefing of delegates from the Law Reform and Development Commission of Namibia, 9 August.
10th world conference of the International Society of Family Law: Brisbane, Australia, 9 - 13 July.
International conference on child abuse and neglect: International Society for the Prevention of Child Abuse and Neglect and the South African Society for the Prevention of Child Abuse and Neglect, Durban 3 - 6 September.
An Internet site has been administered for the Commission free of charge by the Wits Law School since March 1997 (http://www.law.wits.ac.za/salc/salc.html). Any person with access to the Internet can subscribe to a free notification service. Subscribers are informed of the publication of new documents on the site.
During the year under review a substantial number of persons and institutions responded to specific or general invitations by the Commission to comment on particular issues or to assist it with its activities in some respect. It is impossible, within the scope of this report, to mention all contributors. However, the Commission expresses its sincere thanks to all concerned - without their goodwill and assistance the Commission would not be able to perform its duty satisfactorily.
The Commission wishes to extend a special word of gratitude to Mr Rainer Pfaff, resident expert of the German Technical Co-operation (GTZ), for his contributions to and involvement in a variety of the Commission's investigations.
In conclusion, the Commission wishes to thank the Minister and Deputy Minister for Justice and Constitutional Development for their personal interest in and support for the Commission's work. The Department of Justice and Constitutional Development as a whole is thanked for its co-operation and goodwill.
Additional members for domestic arbitration: Cabinet approval for introduction in Parliament obtained.
Implementation of recommendations under consideration by the Minister of Finance.
Results: 21 to 32 of 32 (104467 searched in 0.467.
Salaries: The salary scales for most artisans in local government are below the levels which they would receive in the private sector, making it more difficult to attract artisans with the necessary skills and knowledge into local government. * National shortages: The reduction in artisan training over the last 20 years has resulted in a national shortage which reduces the number available to enter local government.
The inclusion of youth development in the Reconstruction and Development Plan, * The setting up of Youth Commissions with advisory powers, to lobby and advocate for the implementation of youth development programme by government departments, * The adoption of the National Youth Development Policy Framework.
URL: http://www.info.gov.za/speeches/2006/06011811451005.
The Deputy Minister of Education, Mr Enver Surty, together with the Gauteng MEC for Education, Ms Angelina Motshekga, and the representatives of BIC South Africa, will on Tuesday, 18 April 2006, at 09h30, officially hand over piles of stationery to needy learners at the Boschkop Primary Farm School, East of Pretoria.
URL: http://www.info.gov.za/speeches/2006/06111509451002.
The Deputy Ministers of Education and of Home Affairs will on Friday, 19 May 2006, from 09h00, visit the False Bay FET College (Good Hope Campus) at Khayelitsha in the Western Cape. The visit by Deputy Ministers Ever Surty and Malusi Gigaba is part of the Youth and Democracy Education Campaign (YDEC). Limpopo and Mpumalanga took part in the Youth and Democracy in Education Campaign late last year and early this year, respectively.
URL: http://www.info.gov.za/speeches/2007/07052214451001.
<fn>GOV-ZA.2000choleraEn.2012-02-10.en.txt</fn>
Volume 2 No.
STATISTICAL NOTES is primarily a management tool. It is produced and circulated monthly to health managers and healthcare providers.
It is produced on the principle that health data should be translated into information that is useful for improving health provision and quality of care; for better planning and management at all levels and to inform policy development.
Timeous and accurate information should enable improvements in the services that we provide. Colleagues, reporting health events timeously is extremely important. The success of our health information system depends on good reporting.
Please write in if there is anything that can be done to support your reporting practice.
Submissions from directorates which collect data are welcome. The most updated information should be submitted by the 1st day of each month. It should be on both hard copy and disk or email.
The contents of the "STATISTICAL NOTES" may be quoted freely provided that appropriate acknowledgement is made (i.e. Department of Health, Statistical Notes, Vol 2, No. 14, March 2000). Complete articles may not be published without the prior permission of the Director, Health Systems Research, Research Co-ordination & Epidemiology.
The root of cholera is basically bad water. It is associated with low socio-economical conditions, whereby good clean water is either hard to come by or taken for granted.
Cholera received its name from the Greek word chole, meaning bilious. It is an endemic disease in Asia, mainly on the delta of the river Ganges with its alkaline waters that favor the cholera bacterium, vibrio cholerae. Through this route and migratory movements, it extended to Africa. This was in the early 19th century and throughout this century, science could not trace the mode of transmission of the disease.
By the end of the 19th century, cholera appeared to retreat as a global health threat. It re-emerged in Africa and Latin America in 1991 and remains endemic throughout these regions. The dramatic rise in the cholera cases was at that time blamed on political and economic turmoil, as well as overcrowding e.g. in urban slums or refugee camps. These conditions were accompanied by poor living conditions and deteriorating water sanitation. In 1991 Peru engineers of the public water supply system stopped chlorine disinfection of water, fearing that the byproducts posed a carcinogenic risk. In Latin America, the disease was traced to the growing use of wastewater to irrigate crops near urban areas.
To explain why cholera seemed to have disappeared between the end of the 19th century and 1991, environmental conditions have been identified. The cholera organism has been found to remain dormant in coastal waters for long periods, only to re-appear when conditions are favorable. This explains the seasonal cholera epidemic in Bangladesh, which often coincides with plankton blooms in the Bay of Bengal. Periodic changes in weather patterns e.g. El Nino, may also have contributed. The warm sea surface temperatures brought by El Nino encourage plankton blooms, which then awakens the cholera organism. This dependence on environmental factors may have some important implications for the future of cholera.
It is an acute bacterial disease caused by Vibrio cholerae. It affects the intestinal tract and results in a watery diarrhoea and leg cramps. Although there are often no stomach cramps or fever, the diarrhoea can cause severe dehydration which follows prolonged vomiting and the watery diarrhoea. Cholera can be distinguished from other forms of acute diarrhoea by its lack of blood, mucous or pus in the typical "rice-water" stools. If not controlled, cholera can kill in less than eight hours. Death is usually the result of shock. The symptoms may appear six hours to five days after exposure. Asymptomatic carriers of the disease are common.
Cholera is spread by eating contaminated food e.g. undercooked seafood from warm coastal waters, or drinking water contaminated by faecal waste of an infected person. Certain strains of cholera can survive in fresh water for a long period of time.
Diagnosis is made by taking a stool sample and testing it in the laboratory to isolate the bacteria. The basic treatment of cholera is the replacement of fluids by mouth or giving Hartmann's solution intravenously. If managed at home, the fluid should contain electrolytes (salt and sugar). Vomiting can deter sufficient rehydration. In this case, hospitalisation is necessary. Antibiotics can be administered to kill the bacteria and shorten diarrhoeal duration but the toxins already produced by these bacteria will continue causing massive fluid loss. Drug administration is therefore only an adjunct to hydration therapy.
Tetracycline is the drug of choice for adults, at 250mg four times daily dosage. It is not recommended for children 8 years or younger and pregnant women, since it stains the developing teeth of children and foetus. Antibiotics such as Furoxone, Cipro or Bactrim will also shorten the duration of illness.
Breastfed children are protected from gastric achlorhydria that increases the risk of infection. Reinfection is unlikely since infection results in agglutinating, vibriocidal, and antitoxic antibodies leading to resistance.
ï· Eat only food that is thoroughly cooked and still hot or fruit that you have peeled yourself.
ï· Avoid all salads.
ï· Avoid tap water, unless it has been boiled or treated with chlorine or iodine.
ï· Avoid food and beverages from street vendors.
ï· A simple rule of thumb - Boil it, cook it, peel it, or forget it!
To infested countries like Madagascar, a single 300mg dose of the prophylactic Doxycycline regimen is still in use, with alternatives for those who cannot take it. Cholera vaccine provides less than 50% protection for three to six months, which then translates to no useful protection. It is therefore no longer recommended by the World Health Organisation (WHO) for travelers to or from infested areas. Its present use is only to satisfy entry requirements for those few countries that still insist on cholera vaccination.
An adequate disease surveillance programme involves keeping daily records of diarrhoea cases seen in health facilities and by health workers in the community. This facilitates early detection of an outbreak.
ï· there is a sudden increase in the daily number of cases of patients passing 'rice-water' stools typical of cholera.
Such changes prompt for sudden notification of the nearest referral health facility or the local health officer. The name, address, age and the date of illness of the patient should be specified. Members of the community should also be encouraged to help in detecting and reporting cases as well as preventing further spread of the disease. When the information comes from an area where cholera has not been confirmed, bacteriological and epidemiological origin need to be promptly investigated so as to determine the origin of the outbreak.
The far-reaching effect of cholera outbreak often calls for an immediate action from the national co-ordinating committee, reinforced by senior members from relevant ministries.
ï· implementation, monitoring and evaluation of control activities.
In South Africa, a National Outbreak response team has been set up to fulfill these responsibilities. This structure is supported in its work by provincial outnbreak response teams. Together they played an important role in the control of the cholera outbreak that errupted after the recent floods in Southern Africa.
Looking back at the past twenty years, cholera has last posed a major public health problem in 1980-1985. Kwa-Zulu-Natal (KZN) has had at least 1 case almost every year during that period, contributing over 73.0% of all the reported cases.
Following Kwa-Zulu Natal are Mpumalanga (11.7%) and the Northern Province (10.4%), contributing more than 10.0% each. In the year 2000, three cases have already been reported following the recent floods. The worst cholera epidemic occurred in 1982 when nearly 14 000 cases were diagnosed.
The first South African to be diagnosed was a woman from Komatipoort. This happened two months after the floods struck the Northern Province and Mpumalanga. The 21-year old farm worker contracted the disease when her brother-in-law returned from visiting family in neighbouring Mozambique.
Since the beginning of the year, two cases of cholera from North West have been reported through the notification system. The patients were males of 35 and 55 years of age. More reports are still expected from areas which were stricken by floods.
About 3 668 terminations have so far been reported since the beginning of the year. This brings to total 110 547 terminations, which have been reported by the designated facilities since the implementation of the Choice of Termination of Pregnancy (CTOP) Act in 1997. With exclusion of cases of unknown age, the results show that about 55% of terminations are performed on women above 18 years. About 71% of the total terminations are performed during the first trimester. It should be noted that the figures on the TOP table (below are likely to change, especially for the end of 1999 and for 2000, since not all data has so far been received for the specified period.
<fn>GOV-ZA.2000crimeancongohaemorrhagicfeverEn.2012-02-10.en.txt</fn>
The contents of the "STATISTICAL NOTES" may be quoted freely provided that appropriate acknowledgement is made (i.e. Department of Health, Statistical Notes, Vol 2, No. 15, April 2000). Complete articles may not be published without the prior permission of the Director, Health Systems Research, Research Co-ordination & Epidemiology.
Crimean-Congo haemorrhagic fever is a zoonosis that results in acute disease of humans1. In the latter part of 1996, in South Africa, an outbreak occurred which received widespread and sensationalistic media coverage. However, since then new cases continue to be reported.
From January to June 2000, the National Institute of Virology (NIV) reported five cases of Crimean-Congo Haemorrhagic Fever. Four of these patients died. The cases came from the North-West Province, Gauteng and Northern Cape.
Since 1982, a total of 155 cases of CCHF have been diagnosed at the NIV3. These cases have occurred in the Free State, Western Cape, Eastern Cape, Northern Province, Gauteng, Mpumalanga and KwaZulu-Natal2 . The patients' age ranged from 10 to 86 years3. The source of infection in more than half the patents was tick bite. The increase in number of cases identified since 1981 is probably the result of increased awarness, greater surveillance of the disease and the availability of a specific diagnostic service at the Special Pathogens Unit, NIV4.
"Editorial comment - The case fatality rate for CCHF in South Africa is approximately 25%.
Data compiled from 1990 indicates that the majority of cases are males of age group 26-30 (figures 1 & 2).
The peak in 1996 (figure 2), reflects an outbreak that occurred amongst individuals working in an ostrich abattoir, Oudtshoorn. Confirmed cases included 14, probable 4 and possible 2. All confirmed and possible cases fell ill6.
ï· The data presented in figures 1 and 2 was obtained through the notification system. These cases are also reported to and verified by 7 diagnostic laboratories. The results of which are published in the monthly issue of the Surveillance Bulletin.
Several lessons were learnt from this outbreak.
Viral haemorrhagic fever despite being rare require constant vigilance and extraordinary measures to diagnose infection, isolate patients and maintain surveillance of contacts.
The longer the delay in diagnosis, the greater the cost and the subsequent management of the outbreak.
Travel and population movements have become a major factor in the transferral of infectious diseases throughout the world and compound the diagnosis.
Viral haemorrhagic fevers are not readily spread from person-to-person or via ticks.
emphasize the importance of universal precautions to prevent blood-borne transmission of infectious diseases with all patients irrespective of diagnosis.
The first case of CCHF in South Africa was diagnosed in 1981. The virus was isolated from the blood of a schoolboy who died after being bitten by a tick in the North-West Province4,8.
Internationally, the disease was first recognised in the steppe region of western Crimea in 1944 when 200 peasants and soldiers developed a haemorrhagic disease9. In 1956, an identical virus was isolated from a child from the Congo. Later in 1969 the Congo and Crimean haemorrhagic fever viruses were shown to be identical, hence the name Crimean-Congo haemorrhagic fever (CCHF).
Crimean-Congo haemorrhagic fever is transmitted by the Hyalomma group of ticks (bont-legged) and is widespread. The virus has been found in Africa, Asia, the Middle East, and Eastern Europe1. In order to control nosocomial infection, correct infection control procedures need to be followed to protect both the patients and the health- workers.
The virus is a member of the Nairovirus genus1. Following its diagnosis in South Africa, an investigation was launched to determine the prevalence of the virus. Results of antibody surveys on sera from human, livestock and wild vertebrates confirmed that the virus is widespread and corresponds to the distribution of the bont-legged ticks.
The bont-legged ticks show a wide distribution. They have two stages in their life-cycle. The larvae attach themselves to a host where they feed and moult into the nymph stage. The larvae and nymphs feed on small mammals up to a hare size and ground-frequenting birds. The nymph feeds, once it is engorged it drops off onto the ground and moults into the adult. The adult attaches itself to a second host. The adults prefer to feed on large animals. Once it has fed, it detaches itself, and drops to the ground where the female lays eggs (figure 3). In South Africa there are three species. The unfed adults are dark brown to black in colour reddish or orange-brown and white-banded legs9.
The virus may infect a wide range of domestic and wild animals. Passerine birds are generally resistant to infection but they play a major role in disseminating the ticks. In comparison, ostriches are susceptible and may show high prevalence of infection in endemic areas.
Domestic and wild animals do not appear to get sick from infection despite the virus being present in their blood and tissues for a few days. During this time, the animals are infective for both humans and ticks. After 3 to 7 days the virus disappears from the blood and a few days later antibodies to the virus appear. The animals are then immune and cannot infect ticks or humans9.
Humans become infected in several ways. Firstly, they can be bitten by an infected bont-legged tick; secondly, squashing a tick between the fingers; thirdly, coming into contact with blood or tissues of an infected animal or person.
Certain activities place humans at risk of infection. These include: hiking/camping on heavily tick-infected veld; castration, dehorning and slaughtering operations of young livestock and handling, treating or performing post-mortem examinations on infected animals8.
The disease starts within 13 days following exposure to infection. The length of the incubation period depends on the mode of acquisition of the infection. Infection via tick bite has a one to 9 days incubation period whilst contact with infected blood or tissue is usually 5 to 6 days, with a maximum of 13 days.
The onset of symptoms is sudden, with dizziness, chills, neck pain and stiffness, muscular pains, photophobia and sore eyes, nausea and headache. After a few days the patient may feel better for a day or two or may progress onto the more serious stage of the disease which is characterised by nasal bleeding, vomiting blood, blood in the stools and a blotchy red rash2. The mortality rate from CCHF is approximately 30% with death occurring in the second week of illness1.
Ordinary tick-bite fever is similar to Congo fever but it is less severe and has a longer incubation period.
Diagnosis is performed in high biosafety level laboratories. Enzyme-linked immunoassay (ELISA or EIA) is used to detect IgM and IgG antibodies from 6 days of illness. In patients with low antibody response, diagnosis is achieved by virus detection in blood or tissue samples grown in cell culture1.
Patients should be treated under conditions of barrier-nursing in order to protect medical personnel. Standard treatment consists of blood volume monitoring and component replacement as required.
There are several control measures that can be utilised depending on the method of exposure. Campers and hikers should visit places that are less likely to be tick infested, e.g. berg as apposed to a bush-veld ranch and at times of the year when the ticks are less active, e.g. winter. Farmers/game rangers and anyone who is unavoidably exposed to ticks should treat their clothing with insect repellent, e.g. synthetic pyrethrins or pyrethroids. All persons coming into contact with animal blood, e.g. abattoir staff should wear protective clothing. All equipment used should be sterilised. Control of ticks through dipping or spraying is an important way of controlling Congo Fever1.
Admission of patients with CCHF places other patients at a risk of nosocomial infection. Patients with suspected or confirmed CCHF should be isolated and cared for using barrier-nursing techniques. Sharps and body wastes should be safely disposed. Healthcare workers or family members who have had contact with infected blood or tissue need to be followed up with daily temperature and symptom monitoring for at least 14 days after exposure.
Notification plays a fundamental role in the control of CCHF. As CCHF is a notifiable disease, all suspected and confirmed cases are required to be reported to the Health Systems Research & Epidemiology cluster of the Department of Health. However, despite the importance of the disease and its status, provinces do not always report the occurrence of the disease.
Swanepoel, R. 1987. Recognition and management of viral haemorragic fevers - a handbook and resource directory. Department of National Health and Population development. National Institute for Virology.
Source: Health Systems Research and Epidemiology, Department of Health.
Notifications are coded according to date of onset (if known), or else date of notification.
The data for this year are incomplete.
Case investigations as reported by the provinces to the Expanded Programme on Immunisation. Figures may change after classification by the Polio Expert Committee.
# The malaria figures for KwaZulu/Natal, the Northern Province and Mpumalanga are obtained from the Malaria Control Programmes that are in place in these provinces.
Due to problems and delays experienced with the implementation of a Y2K compliant software program in the provinces, the notification figures are far below the expected number of cases and deaths for the year 2000. This is particularly noticeable for Tuberculosis. Although these problems have now been solved, some of the records yet need to be captured before more realistic figures can be generated. Provincial visits were carried out to support provinces in catching up with the backlog. Nevertheless a much more comprehensive process is currently underway to review the South African notifications system towards more timeliness, completeness and accuracy. This is done jointly by the Health System Research and Epidemiology directorate and the Communicable Disease Control Programme of the Department of Health through its National Health Information System Committee. One of the key features of the review process is a shift towards more active surveillance (as is now the case for AFP, rabies, CCCHF and all other haemorrhagic fevers, HIB and malaria - for which data is received through laboratory, based surveillance).
Congenital syphilis became a notifiable medical condition in 19990 in South Africa. This was done in an attempt to increase availability of data and to monitor the extent of the problem and at the same time, the availability and efficiencies of interventions put in place to present the occurance of syphilis in newborns. Since then, more than 2500 (2620) cases have been notified ranging from one case during the year in which congenital syphilis became a notifiable medical condition to 435 cases in 1992. The number of reported case then seemed to stabilise until and up to 1994 around a plateau level of around 425 reported cases per year. The cumulative frequency of cases in 1994 was 53.2% showing that the majority of cases that ever occurred in South Africa, were notified before 1995 (decreasing below the 10% margin for every consecutive year until 1999).
The incidence of this disease can shed light regarding availability and usage of health care resources, as well as maternal health. The disease is largely preventable if pregnant women are tested and those infected, treated with penicillin early on pregnancy. Pregnancies among infected untreated women usually result in perinatal death. Despite the widespread availability of penicillin and the improving health care service, congenital syphilis (CS) is still prevalent.
To improve the detection and reporting of CS, it should be ensured that all health personnel responsible for the disease investigation and reporting are well conversant with the surveillance case definition; ensure that all pregnant women are serologically tested at the time of delivery and the results are available before the mother and infant are discharged from the hospital and lastly, teach the community how to evaluate and treat infants suspected of having CS and how to report these cases. The Centre for Disease Control (CDC) has supplied a reviewed definition for reporting CS in 1989 and this led to more cases being identified.
The health department has the responsibility of regularly evaluating the surveillance data and the reporting system. A low prevalence figure should not be assumed to demonstrate successful prevention and treatment before evaluating case finding activities appropriate to the level of syphilis morbidity in the area.
This is an acute infectious disease most common in agricultural regions. It is caused by a spore-forming bacterium Bacillus anthracis and occurs in animals, although it can also infect humans who are exposed to infected animals or their products. Regions mostly affected include South and Central America, Southern and Eastern Europe, Asia, Africa, the Caribbean and the Middle East. The disease is rare in the United States.
There are three forms in which this disease can be transmitted: cutenously by handling infected animals or their products; through inhalation of anthrax spores and eating undercooked meat from infected animals. Symptoms differ according to the mode of disease contraction. Skin infection begins as a raised itchy bump that resembles an insect bite. This later develops into a painless ulcer 1-3 cm in diameter, with a black necrotic (dying) centre. Lymph nodes around the infected area may swell. About 20% of untreated cases result in death.
Transmission through inhalation resembles common cold. Symptoms may progress to severe difficulty in breathing and shock after some days. Untreated inhalation anthrax results in death in 1-2 days after onset of the acute symptoms. Gastrointestinal anthrax is characterized by acute inflammation of the intestinal tract. Initial signs include nausea, loss of appetite, vomiting and fever. This is followed by bloody vomitus, abdominal pains and severe diarrhoea. About 25% to 60% of cases result in death.
For Anthrax treatment to be effective, it should be initiated early. Penicillin is preferred but tetracycline, chloramphenicol and erythromycin can also be used. Anthrax vaccine is recommended for individuals who come in contact with animals and their products. The vaccine is reported to be 93% effective. The vaccine intended for animals should not be used in humans. Mild local reactions can occur in recipients with a past history of anthrax infection.
ï§ An outbreak is declared when "the occurrence of disease within an area is clearly in excess of the expected levels for a given time period".
ï· look at programmatic implications.
Every outbreak also constitutes an opportunity to carry out research and train epidemiologists.
ï· perform descriptive epidemiology (by answering the questions who, what, where, when?
It is important to note that circumstances may often dictate that the sequence of events, as outlined above, is delineated. It might be more crucial for example to implement control measures at the onset of investigation and carry on with other tasks subsequently. However, a systematic approach must always be used during the investigation. Hence it is advisable, in order to avoid oversights, to list the various activities, keeping in mind that these are dynamic and that control measures should be put in place as soon as possible.
Acute haemorrhagic fever syndrome, Afghanistan. An outbreak of acute haemorrhagic fever syndrome has been reported from an isolated village in Gulran district. Disease symptoms are compatible with Crimean-Congo haemorrhagic fever (CCHF). An international team, co-ordinated by WHO, arrived in the affected area on 16 June to control and investigate the outbreak. The team comprises experts from the WHO collaborating centre at the National Institute of Virology (NIV- South Africa), Epicentre (France) and WHO.
Preliminary findings indicate that cases began at the beginning of May and are continuing to occur. Twenty-five suspect cases including 15 deaths were identified by the team. Samples were collected and transported to NIV where diagnostic laboratory tests will be performed to establish the etiology of the outbreak.
The team has provided basic protective materials, disinfectants and instructions for their use in care for patients with bleeding symptoms. An isolation area, identified at the hospital in Heart to deal with haemorrhagic patients, will be equipped by WHO. Training in barrier nursing will be provided to medical and nursing staff.
THE PROVINCIAL HEALTH DEPARTMENT IN THE NORTH WEST organised a HEALTH RESEARCH CONFERENCE IN August (22 AUGUST 2000). THIS CONFERENCE, the first of its kind IN the province, mapped out the way forward for better co-ordination of health research activities in the North west.
THE EASTERN CAPE HELD ITS SECOND ANNUAL health research CONFERENCE that was ORGANISED BY the provincial health research committee. The CONFERENCE focused on collaborative research as a challenge for health professionals. THE UNIVERSITY OF TRANSKEI faculty of health sciences, Umtata, hosted this second CONFERENCE.
The Interim Health Research Ethics Committee has been appointed by the minister.
ï· The Windows version of EPI-INFO (2000) is now available.
Welcome to two new staff members!
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Go dirwa le semeetseng.
Tirelo ga e lefelwe kua ditliliniking le dipetleleng tša mmušo. Ditirelong tša maphelo tša praebete go lefišwa tefo ya fase.
Press Release: THE WORLD ENERGY COUNCIL CALLS FOR IMPROVED GOVERNANCE FOR THE NUCLEAR INDUSTRY.
The reflection of a graph in the line y = x will be the graph of its inverse.
The line y = x is drawn as the dotted line.
Notice that every time, the x and y values at the point are simply interchanged.
It is not necessary to make the subject y for the circle equation, but for all functions we do.
The graphs labeled A, B and C are all functions. (since vertical lines only cut the graph in one point).
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Africa is now proclaimed as the world's most profitable region, according to leading economists. Also, the UN Economic for Africa/OECD publication, African Economic Outlook finds that the continent is on the recovery.
Economic growth rates for the continent for 2012 are predicted between five point five and five point eight percent.
We need to consolidate and further strategise and agree collectively on what should be done going forward.
My sincere gratitude goes to all my colleagues for supporting the Infrastructure initiative as adopted in Kampala.
Africa, through NEPAD, should also strengthen its ties and collaboration with friends of Africa and existing multilateral partnerships.
The relevant Ministers, African Union Commission, NEPAD Planning and Coordinating Agency (NPCA), representatives from the Regional Economic Communities, and some partner institutions met last night to discuss progress regarding the Presidential Infrastructure Championship Initiative (PICI).
It is worthwhile perhaps to reflect again, that the objectives of the HSCOG is that it is tasked with prioritizing and consolidating infrastructure projects for high impact and results.
It has as its key drivers the acceleration of Regional Integration through infrastructure development by leveraging committed political leadership, sponsoring and championing of specific infrastructure projects, as key prerequisite for developmental success.
Whilst marking 10 years of the existence of the NEPAD programme as Africa's vision and blueprint for socio-economic development on our continent, we also realise that there is much to be done; we should therefore unite our efforts in pressing towards overcoming these challenges.
If we are indeed devoted to ensuring NEPAD continues to be a success, we must, as Africans ensure that we commit financial resources to this programme, individually, as states and collectively.
The involvement of the private sector remains critical to advancing the ideals of our infrastructure initiative.
We must therefore embark upon mutually beneficial Public Private Partnerships (PPP) in championing our projects. The involvement of Pan African Funding Institutions is also critical to provide us with the technical support and financing mechanisms for these projects.
We must, however be mindful of the role that private equity funds and infrastructure development funds can play in raising additional funding from domestic resources.
The global economic crisis has increased the number of priorities competing for public funds.
Traditional models of financing and delivering infrastructure must give way to new models. Across the continent, governments are forging partnerships with the private sector to deliver infrastructure projects. Public-private partnerships bring together the resources and expertise of the public and private sectors.
First, what are the main responsibilities of governments within the region Are there political, legal or policy constraints that need to be addressed to promote public-private partnerships?
Second, what do we want to do in our own countries We need to be clear about our infrastructure needs, as well as the assets needed to meet those needs?
We must ensure, that NEPAD continues to embody the vision of Africa that we seek to achieve.
We must therefore ensure that we unite, through the NEPAD programme, the war against poverty, hunger, homelessness and under-development, by ensuring that these programmes are sustainable.
President Zuma interacting with Deputuy Minister for Performance Monitoring and Evaluation in the Presidency Dinah Pule, Deputy Minister of Finance Nene and Minister for Human Settlement Tok.
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whether any persons that are known to be involved in terrorists groups have been found to be involved in any of the specified instances; if so, what are the relevant details NW2013?
whether he (a) has been or (b) intends cooperating with other relevant Ministers or departments to ensure that these rights of asylum seekers and refugees are protected; if not, why not; if so, (i) with which Ministers and departments and (ii) what are the relevant details of each such cooperation agreement NW2015?
whether Dr Jordan has taken up the position; if not, why not; if so, what (a) are his current responsibilities in this position and (b) is the gross per annum value of his (i) salary and (ii) benefits as ambassador at the United Nations NW2032?
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To amend the Administration of Estates Act, 1965, so as to delete certain definitions, substitute other definitions and insert new definitions; and to substitute obsolete references; to make the Administration of Estates Act, 1965, applicable throughout the Republic; to repeal corresponding laws in force in the areas of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei; to amend the Insolvency Act, 1936, so as to alter certain amounts; to amend the Age of Majority Act, 1972, so as to delete an obsolete reference; and to provide for matters connected therewith.
1 Amends section 1 of the Administration of Estates Act 66 of 1965 , as follows: paragraph (a) deletes the definitions of 'banking institution' and 'building society'; paragraph (b) inserts the definition of 'bank'; paragraph (c) substitutes the definition of 'Court'; paragraph (d) substitutes the definition of 'Master'; and paragraph (e) inserts the definition of 'office'.
2 and 3 Substitute respectively sections 2 and 3 of the Administration of Estates Act 66 of 1965.
5 Amends section 12 of the Administration of Estates Act 66 of 1965 , as follows: paragraph (a) substitutes subsection (5); and paragraph (b) substitutes subsection (7).
6 Amends section 14 (1) of the Administration of Estates Act 66 of 1965 by substituting the words preceding paragraph (a).
7 Amends section 15 (1) of the Administration of Estates Act 66 of 1965 by substituting the words preceding paragraph (a).
8 Amends section 21 of the Administration of Estates Act 66 of 1965 by substituting the words preceding the proviso.
9 Amends section 28 of the Administration of Estates Act 66 of 1965 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (2); paragraph (c) substitutes subsection (3); and paragraph (d) substitutes subsection (5).
10 Amends section 34 (1) of the Administration of Estates Act 66 of 1965 by substituting paragraph (a).
11 Substitutes section 48 of the Administration of Estates Act 66 of 1965.
12 Amends section 54 (1) (b) of the Administration of Estates Act 66 of 1965 by substituting subparagraph (iii).
13 and 14 Substitute respectively sections 87 and 91 of the Administration of Estates Act 66 of 1965.
ADMINISTRATION OF ESTATES LAWS INTERIM RATIONALISATION ACT 2 Page 2 of 5 15 Amends section 93 of the Administration of Estates Act 66 of 1965 by substituting subsection (1).
16 Amends section 96 (1) of the Administration of Estates Act 66 of 1965 by substituting paragraph (a).
17 Amends section 102 (1) of the Administration of Estates Act 66 of 1965 , as follows: paragraph (a) substitutes paragraph (e) ; and paragraph (b) substitutes paragraphs (i), (ii), (iii), (iv) and (v).
18 Amends section 103 of the Administration of Estates Act 66 of 1965 by substituting subsections (2) and (3).
19 Amends section 105 (3) of the Administration of Estates Act 66 of 1965 by substituting paragraph (c).
The principal Act shall, from the date of commencement of this Act, apply throughout the Republic.
Subject to subsection (2), the laws mentioned in the second column of the Schedule are hereby amended or repealed to the extent indicated in the third column of that Schedule.
any office of a Master which, immediately prior to the commencement of this Act, was established under, and functioning in accordance with, any law repealed by subsection (1), shall be deemed to have been established under the corresponding provisions of the principal Act and shall continue to function in accordance with the principal Act: Provided that the Minister may direct that any such office shall be converted into, and function as, a sub-office of the office of a Master of a High Court designated by the Minister.
The Minister may direct that any person who, at the commencement of this Act, holds office or is deemed to hold office as Master, Deputy Master or Assistant Master of a High Court in terms of the principal Act shall, for such period as the Minister may determine, exercise the powers, perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by or under the principal Act or any other law, subject to the control, direction and supervision of another Master of a High Court designated by the Minister.
Notwithstanding Chapter V of the principal Act, the Minister may direct that a Master of a High Court shall, for such period as the Minister may determine, exercise the powers, perform the functions and carry out the duties in respect of his or her guardian's fund conferred upon, assigned to or imposed upon him or her by or under the principal Act or any other law, subject to the control, direction and supervision of another Master of a High Court designated by the Minister.
The Minister must publish, by notice in the Gazette , any steps taken by him or her in terms of subsection (2) (d) , (3) or (4).
In this section a word or expression to which a meaning has been assigned in the principal Act, bears that meaning unless the context otherwise indicates.
ADMINISTRATION OF ESTATES LAWS INTERIM RATIONALISATION ACT 2 Page 4 of 5 shall, unless inconsistent with the context or otherwise clearly inappropriate, be construed as a reference to a Master, Deputy Master or Assistant Master of a High Court.
This Act is called the Administration of Estates Laws Interim Rationalisation Act, 2001.
Estates Act, 1965 (Act 66 of 1965).'.
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This publication is the official authoritative reference work on the Republic of South Africa covering subjects such as tourism, government systems, agriculture, sport, etc.
The Yearbook is updated annually.
To obtain a copy of the SA Yearbook 2001/02 or Pocket Guide to South Africa 2001/02, please e-mail your request to delien@gcis.gov.za, stating your postal address, physical address and telephone numbers.
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The closing date for comment on issue paper 18 had been 28 February 2002 but was extended to 31 March 2002.
The appointment of a project committee will be considered by the Working Committee in the second half of 2002, after which a draft discussion paper will be developed.
The Portfolio Committee on Justice and Constitutional Development submitted its report on the Protected Disclosures Bill to Parliament on 16 May 2000. The Bill aimed to protect employees in both the public and private sectors from suffering any occupational detriment on account of having disclosed information regarding unlawful or irregular conduct by their employers.
The possibility of extending the ambit of the Bill beyond the purview of the employer/employee relationship.
The exclusion of criminal or civil liability for making a protected disclosure.
an employee would be committing an offence by making a false disclosure not knowing or believing it to be true.
Gender Summit 2001: 5-7 August 2001.
The Commission wishes to extend a special word of gratitude to Mr Rainer Pfaff, who completed his term as resident expert of the German Technical Co-operation (GTZ) for his contributions to and involvement in a variety of the Commission's investigations. A warm welcome and the assurance of fruitful cooperation is extended to his successor, Ms Claudia Lange.
>As part of the Nelson Mandela Day the Minister of Defence and Military Veterans, Lindiwe Sisulu, Chief of the South African National Defence Force and the South African Army Council Members will receive donations and donate them to Kiddy College at Tek Base on Thursday, 7 July 2011, at 12h00.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20089&tid=37617 Size: 12KB Speaker: N Mthethwa Collection: speeches_cms class="MsoNormal" style="margin-bottom: 0.0001pt; line-height: normal;">Millions of school [highlighted result?
URL: http://www.info.gov.za/speeches/2008/08091208451001.
Deputy President Phumzile Mlambo-Ngcuka has questioned why South Africa would still be impacted by water borne diseases. "South Africa cannot be a democracy that is unable to be outraged when children die of water borne diseases," she told delegates at a conference of the Department of Water Affairs and Forestry (DWAF) Municipal Indaba in Johannesburg on 11 September 2008.
URL: http://www.info.gov.za/speeches/2008/08091209151003.
Deputy President Phumzile Mlambo-Ngcuka will tomorrow, 11 September 2008, deliver a keynote address at the Department of Water Affairs and Forestry's Municipal Indaba to be held at the Birchwood Hotel and Conference Centre in Kempton Park. The Municipal Indaba is a forum where the National Departments of Water Affairs and Forestry, National Treasury, Provincial and Local Government, will engage on key issues affecting the water sector.
URL: http://www.info.gov.za/speeches/2008/08082915151003.
Deputy President to speak at the farewell banquet for the SA Paralympic Team The Deputy President Phumzile Mlambo-Ngcuka will tomorrow, 28 August 2008, deliver a keynote address at the farewell banquet for the South African Paralympic Team in Johannesburg.
Deputy President Phumzile Mlambo-Ngcuka will on Monday, 25 August 2008, address the Rural Women's Event as part of the Women's Month celebrations at Mbhashe, Eastern Cape province. The Rural Women's event represents an important occasion for government to communicate its commitment to ensure equal participation of men and women, rural and urban in creating a better life for all.
URL: http://www.info.gov.za/speeches/2008/08082110451001.
Results: 1 to 4 of 4 (104434 searched in 0.901.
of the Federal Republic of Ethiopia, and the two leaders discussed issues relating to cooperation in the conflict resolution and the role of Ethiopia can play in the Burundi peace process. 11.
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Ministers responsible for finance, trade and industry, minerals and energy, and land and agriculture from South Africa and Zimbabwe met for two days in Pretoria. The meetings were part of work in progress in preparation for a bilateral meeting between the Presidents of South Africa and Zimbabwe.
Among issues discussed were land reform and the agricultural sector; mining and energy; finance, and trade and industry.
Information was exchanged on the land reform programmes in the two countries. Both programmes seek to address the challenges of decongestion in communal areas, food security at the household level, employment creation and increasing the contribution of agriculture to economic growth.
The Zimbabwean programme is supported by an ongoing sector analysis, which seeks to facilitate an increase in the contribution of smallholder farmers (including resettled farmers) to the agricultural economy. It will also quantify the magnitude of land underutilization in the large-scale commercial farming sector, which has occurred in part as a result of the intensification of production. These trends have created a significant opportunity for the Government of Zimbabwe to design and implement a land reform programme with the imperative of satisfying land hunger and using agriculture land more productively.
Discussions took place to find ways of resuming direct fuel supplies to Noczim. It is important to note that Noczim is not receiving free fuel from Sasol but is paying for all supplies from Sasol.
It was reported that the debt account had been brought up to date by ZESA by December 2000 and ZESA has since been honouring its current account. Senior representatives of the two utilities have reported that their trading relationship has been enhanced.
The two parties expressed the need to develop indigenous mining companies, especially small and junior scale mining companies, and also promote the enhancement of mineral beneficiation. They furthermore agreed to cooperate and participate in the forthcoming Australia-Southern Africa Mining Investment Forum, which will be held in South Africa in July 2001.
The parties reiterated their commitment and respect for property rights as enshrined in the Bill of Rights of their respective Constitutions.
There is continuous policy dialogue between bilateral and multilateral institutions with the Zimbabwean government. An IMF team has been in Harare since 8th March 2001 as part of this policy dialogue. There are no major policy differences between the government of Zimbabwe and the IMF.
The meeting noted that steps need to be taken to mitigate the macroeconomic problems currently experienced in Zimbabwe and to establish a good microeconomic environment for economic growth. This needs to be a carefully managed programme.
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The National Treasury today launched a new Government of South Africa Eurobond. The Bond was launched after an extensive European roadshow during which Treasury officials met with a wide range of investors.
The Government was able to raise EUR 500 million from a wide range of European Investors. The Bond, which was oversubscribed, has a maturity of 7 years, carries an annual coupon of 7.0% and has a re-offer yield of 7.296%. It was launched at a spread of 272 bps over equivalent German Government Bonds. The bond was launched in a market where the underlying German Government Bond yields have declined from 4.75% a month earlier to 4.576% (being the underlying yield of the issue). This bond issue successfully extends our Euro maturity profile.
The successful launch of the bond confirms that South Africa is an improving credit story. Our investment grade rating has attracted the attention of a large number of new investors who are beginning to separate the South African story from that of other emerging markets. Investors have responded positively to Government's economic program as well as progress with social infrastructure delivery.
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The National Treasury is inviting market participants to comment on the 'Strip Working Document'. The intention of this Working Document is to provide basic information on how a strip market operates and to begin to work on the structure that will be suitable for the South African financial environment. While the National Treasury has had discussions with some of the market participants, including the Central Depository, Unexcor and BESA, it is evident that the majority of the market participants have not yet been involved. In order to ensure that the we come-up with a structure that is not just suitable for the South African financial environment, but that will also contribute to the growing sophistication of the South African Government Securities Market, the National Treasury encourages the market participants to actively participate in the establishment of a Strip market.
Phakamani Hadebe Tel: (012) 315-5486 Fax: (012) 326-7552 E-Mail Phakamani. Hadebe@treasury.gov.
Johan Redelinghuys Tel: (012) 315-5297 Fax: (012) 326-7552 E-mail Johan. Redelinghuys@treasury.gov.
The increasingly more active debt management strategy of the Government reflects the need to maintain liquidity and integrity under conditions of a declining Government funding requirement, and is facilitated by the growing sophistication and efficiency of the South African bond market.
Among the measures to maintain and enhance the liquidity of the Government securities market announced by the National Treasury in the 2001 Budget Review, was its intention of facilitating a market in strips.
This working paper is released for discussion purposes only and does not provide detailed information on all operational issues, some of which still need to be discussed further with various market participants.
The process of stripping involves separating a standard coupon-bearing bond into its constituent interest and principal payments, so that they can be separately held or traded. These strips trade as zero coupon instruments1. Consider a ten year bond which will redeem on 31 August 2010. The benefits associated with a holding of this bond are the receipt of coupon payments on 28 February and 31 August up to and including 31 August 2010 and of the redemption repayment of 100% nominal on that date. Under the stripping process, each of those payments are stripped from the totality of the bond and made into an individual bond.
1 A conventional bond is a debt instrument consisting of a series of periodic coupon payments plus the repayment of the principal at maturity. As the name suggests, a zero-coupon bond has no coupon payments. It has only a single payment consisting of the repayment of the principal at maturity. The zero-coupon bond is purchased by an investor at a discount to its face value and then redeemed for its face value at maturity. The return to the investor is the difference between the face value of the bond and its discounted purchase price.
until the redemption date of 31 August 2010, and a further strip relating to the bond's repayment of principal on 31 August 2010. The cash flows on the bundle of zero coupon strips would be identical to the cash flows on the original unstripped bond.
Coupon strips are referred to as C-strips and principal strips as P-strips.
Reconstitution is the opposite of stripping. It involves assembling the constituent cash flows in order to recreate the standard coupon bearing bond from which the principal strip originally constituted.
3.1 Are strips safe investments?
The coupon and principal strips that have been created through the official bond strips facility will remain direct obligations of the Government of the Republic of South Africa and are backed by the full faith and credit of South Africa. They will be registered securities at the Bond Exchange of South Africa. Since they are fully owned by the Government of South Africa, they will have the same credit characteristics as standard coupon-bearing bonds.
Market prices of strips fluctuate more than the prices of fully constituted securities of the same maturity, as the price of a strip is more sensitive to interest rate changes. This is because interest rate is the value that the market attaches to payments in the future. The further into the future payments are received, the more sensitive the present value of that payment is to the market interest rates. A strip provides only a single payment at maturity, so its price (present value) is more sensitive to interest rates than a coupon-paying bond that provides a series of payments in the periods before maturity. This means that the market price of a strip reflects the fact that there is only one payment on a specific date in the future. The market price of a fully constituted bond reflects the fact that there are a series of semi-annual interest payments and a final payment at maturity. The longer the maturity of strips, the greater the potential market price fluctuation.
Strips sell at discount because there are no periodic interest payments. An investor's income on a strip that is held to maturity is the difference between the purchase price and the amount received at maturity. Long-term strips have lower market prices than short-term strips, because long-term strips accrue interest over a longer period of time.
As zero-coupon instruments, strips can be considered financial building blocks which can be used to create a variety of synthetic assets whose cash flows cannot be produced with a combination of conventional bonds.
Strips may be attractive to investors because they typically have higher duration than coupon-bearing bonds and are also much more convex than similar maturity coupon bonds. These features mean that they allow active fund managers to take greater exposure to price movements and that in some circumstances strips may outperform coupon-bearing bonds in the same maturity. For these investors, strips offer the best vehicle to benefit from a decline in interest rates. This is because the price of a strip is more sensitive to interest rate swings than the price of a couponbearing bond with similar characteristics. Investors who hold strips in a declining rate environment could sell the bonds prior to maturity and realise a capital gain, or else hold the bonds and continue to earn competitive yields.
Strips are also attractive to investors because of the lack of reinvestment risk, making them useful in helping to immunise a portfolio against interest rate risk. This is because strips promise the investor a specific yield to maturity and Rand value at maturity. Among the necessary conditions to immunise a portfolio is that duration (a time-weighted measure of the cash flows) of the portfolio equals the time remaining in the holding period. Strips meet this criteria because their duration equals their yield to maturity.
Strips can be used to achieve a dedicated portfolio where cash flows are matched to the stream of liabilities. This ensures that interest rate risk is eliminated and the liabilities are pre-funded. Strips can be used to offset a single liability that a company or individual will face at a particular point in the future. This need is more prevalent among the institutional investors, although it can also be used by individuals who face an expense of a known amount in the future.
Most individual investors buy strips in order to save for long-term goals like a university education or retirement.
The National Treasury has in the past issued zero-coupon bonds. However, these bonds have been insignificant and have been ignored by the market in the construction of a zero-yield curve. This means that it is not possible to observe directly traded zero-coupon rates in the domestic market. Because of this, the market participants are instead using data from coupon-bearing bonds to build a yield curve model. Due to strips, the South African Government Securities Market will be able to derive an actual zero coupon curve directly from the prices of strips. This is important as it will allow the market participants to compare the actual zero coupon curve derived from strips with the theoretical curve obtained from coupon bonds. In theory, the yield on the strip should match the yield on the spot curve for the given maturity. In reality, however, anomalies do arise. This comparison is important as it will provide an indication of whether there is an incentive to strip or reconstitute bonds.
In a situation where the yield curve is upward sloping, the strips curve will always lie above the par yield curve for coupon-bearing bonds. A strip will yield more than coupon-bearing bonds with otherwise similar characteristics. That is because a positively sloped curve means that the market attaches a higher yield to payments further out in time. Since the entire payment from a strip comes at maturity, the market should give it a higher yield than that for a coupon bond, which provides payments in the periods before maturity.
When the yield is negatively sloped, the strips curve will lie below the par yield curve. The market is attaching a lower yield to payments further out in time, and a strip will normally yield less than a comparable coupon-paying bond. This superficially makes strips look less attractive than coupon bonds. However, it is not enough to simply compare the yield on a strip with that on a strippable coupon bond of the same maturity. This takes no account of the differences in duration between two instruments. Comparing the yields on coupon bonds with the yields on strips of the same duration provides a much better indication of relative value between the two instruments.
Initially it is the intention of the National Treasury that only benchmark bonds will be strippable. Bonds that have been used as source bonds in the switch programme will not be considered. In future inflation-linked bonds might also be considered to be strippable. It is the intention that all new issues of conventional bonds will be strippable from the issue date.
Non-strippable bonds will not be made strippable without prior notification to the market.
A single bond issue would not generate a significant volume of coupon strips on its own and therefore effect liquidity. To promote liquidity of strips, coupon dates of strippable bonds would as far as possible be aligned. This will make all coupon strips maturing on the same date fungible, e.g. coupon strips payable on the same date stripped from different underlying bonds will be completely interchangeable. Of the current benchmark bonds, the coupon strips of the R150 (12%; 2004/05/06) and R153 (13%; 2009/10/11) will already be fungible. To enhance liquidity at the start of the formal strip market, the coupon dates of the new R194 (10,0%; 2007/08/09) bond will also be aligned with that of the R150 and R153 bonds, e.g. 28 February and 31 August.
To increase investor choice of the timing of cash flows the National Treasury will consider to align a second pair of coupon dates in addition to 28 February and 31 August. As the initial priority is liquidity the aligning of a second pair of coupon dates will be considered at a later stage once demand and liquidity of strips can be assessed.
Coupon and principal strips will not be fungible. The fungibility of coupon and principal strips will mean that the market could create more of a coupon bearing bond via the reconstitution facility, than had originally been issued. This might be detrimental to holders of the bond, as the size of an issue would be uncertain.
For the same reason, principal and principal strips will not be fungible, even if the redemption payment dates of two strippable bonds fall on the same date.
The principal amount of the three legged benchmark bonds will, when stripped, be separated into its three equal principal payments and therefore into three different principal strips which can be separately held or traded as zero coupon instruments.
There will be no limit on the amount or proportion of any strippable bond issue that can be stripped. While a limit might in principle help to avoid an underlying coupon-bearing bond being in short supply in the secondary market, the reconstitution facility should ensure that this is achieved through market mechanisms.
The maximum use which can be made of the reconstitution facility will be determined by the amount of the underlying coupon bond in issue.
National Treasury will provide the facility to strip bonds.
Although anyone can trade or hold strips, only primary dealers in Government bonds will have the ability to perform stripping and reconstitution by using the facility provided by the National Treasury.
Thus, a non-primary dealer who wants to acquire strips will have to purchase these in the market, or can strip a bond in its own name via a primary dealer. Similarly a non-primary dealer wishing to reconstitute a stripped bond could either sell the constituent strips of a strippable bond in the market and buy back the underlying bond or alternatively, it could arrange for a primary dealer to reconstitute the bond on its behalf by delivering appropriate coupon and principal strips to the primary dealer and receiving the coupon-bearing bond in exchange.
The National Treasury envisages that primary dealers will make a market in strips as part of their general market making obligations. The service primary dealers are expected to provide will be discussed with primary dealers.
Stripped bonds can only be held in uncertificated form by using the Central Depository Book Entry System.
The implication of strips with regards to the book entry system will be further discussed with the Central Depository.
For each strippable bonds there will be a minimum amount below which a strip or reconstitution request will not be accepted.
As strips will be dematerialised in the Central Depository it should be possible for a bond to be stripped after it has gone ex-dividend. Similarly it should be possible, after book close, to include a coupon strip into a bundle of strips submitted for reconstitution into a coupon bearing bond. Implications this may have on other market players will have to be investigated and discussed.
Coupon and principle strips will be freely tradable on BESA. The transactions on BESA will be effected for settlement on the third business day after the transaction (t+3). The possible need for special settlement conditions for strips, if any, will be discussed with BESA.
It will also be possible to lend and/or repo coupon and principal strips in the bond lending and repo markets, like any coupon-bearing bond. Coupon and principal strips will qualify as liquid assets.
While the National Treasury prefers that trading takes place on a yield basis, market participants will be requested to indicate whether trading in the secondary market should be on a yield or price basis. The market will also have to decide on a standard pricing formula, if this is deemed essential.
Information on the nominal amounts of each strippable bond issue and the amounts stripped, will be made available to the market by the National Treasury on a regular basis.
It is envisaged that tax on coupon strips and principal strips will be taxed on a basis similar to that of the conventional zero coupon bonds that were issued by the Government. The investor will be taxed on accrued income calculated on the yield to maturity of the coupon or principal strip.
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Based on preliminary estimates by the South African Revenue Service, revenue of R216,8 billion accrued to the National Revenue Fund during the year ending 31 March 2001. This is R3,4 billion more than the revised estimate published in February in the 2001 Budget Review and is 9,2 per cent more than the comparable figure for 1999/00.
This comprises ordinary revenue of R219,7 billion collected by SARS, departmental receipts of R4,2 billion and skills development levy receipts of R1,2 billion, less R8,4 billion transferred to other countries in terms of the SA Customs Union agreement.
At this stage total expenditure for the 2000/01 financial year is expected to be R233,6 billion, which is R1,5 billion less than the February revised estimate. The preliminary estimate of the National Revenue Fund deficit of R16,8 billion amounts to 1,9 per cent of GDP.
<fn>GOV-ZA.2001040501En.2012-02-10.en.txt</fn>
BUY-BACKS: Payment for the repurchase bonds will be effected on a cash basis.
2.1 Participation: Buy-backs are effected on a voluntary basis. Only primary dealers are eligible to submit the bids.
2.2 The National Treasury reserves the right to buy back nothing or less than the announced amount if warranted by market conditions.
2.3 The National Treasury may hold a number of buy-back auctions of a particular bond over a period of time, if necessary.
2.4 Only bonds with a nominal outstanding of less than R1 billion will be considered for buy-backs.
2.5 Buy-backs will be conducted on a multiple-yield basis, where successful bidders will buy back at the yield they bid.
2.6 The bidding format would be that at 10:30, Primary Dealers would be allowed to submit bids of the repurchase bonds, which will be assessed against the price that would have been determined in advance by the National Treasury.
2.7 Settlement will be t+3 2.8 The National Treasury will periodically pre-announce the buy back auction dates.
Between 10:30 am and 11:00 am, the Primary Dealers will be allowed to offer bids in terms of yields of the bond(s) the National Treasury intends to buy back.
By 11:30 am the Reserve Bank will aim to publish the results of the buyback auction.
Phone : (012) 315 5456 e-mail : phakamani.hadebe@treasury.gov.
<fn>GOV-ZA.2001041En.2012-02-10.en.txt</fn>
To make provision for the interim rationalisation of the areas of jurisdiction of the High Courts; and to provide for matters connected therewith.
'Minister' means the Cabinet member responsible for the administration of justice.
Any notice referred to in subsection (1) must be approved by Parliament before publication thereof in the Gazette.
The publication of a notice referred to in subsection (1) does not affect any proceedings which have been instituted but not yet completed at the time of such publication.
amend or withdraw any notice issued in terms of this section.
would be more conveniently or more appropriately heard or determined in another High Court, the Court may, upon application by any part thereto and after hearing all other parties thereto, order such proceedings to be removed to that other High Court.
An order for removal under subsection (1) must be transmitted to the registrar of the High Court to which the removal is ordered, and upon receipt of such order that Court may hear and determine the proceedings in question.
Subsections (1) and (4) of section 6 of, and the First Schedule to, the Supreme Court Act, 1959, are hereby repealed.
Notwithstanding the repeal of the laws referred to in subsection (1), the seats and the areas of jurisdiction of the High Courts referred to in the said First Schedule shall, subject to any alteration under section 2, remain as they were immediately before the commencement of this Act.
This Act is called the Interim Rationalisation of Jurisdiction of High Courts Act, 2001.
<fn>GOV-ZA.2001042601En.2012-02-10.en.txt</fn>
At the request of the Premier of Mpumalanga, the Minister of Finance would like to announce the invoking of Section 100 (1)(a) of the Constitution on the province.
The national government notes the steps taken by the Mpumalanga Provincial Government under the leadership of Premier Mahlangu to improve the state of finances and management of the province since coming into office in June 1999. These steps include the tabling of a credible budget, and the implementation of cost controls over departments. However, given the depth of the problems, the Mpumalanga Government has not been able to fully meet its executive obligations due to a cash flow problems.
An agreement between the Minister of Finance (on behalf of National Government) and the Premier of Mpumalanga (on behalf on the Mpumalanga Government) was finalised today.
The appointment of an MEC of Finance for the province.
Financial assistance to the amount of R300 million from National Government to be used to fund. the Province's outstanding financial commitments.
The adoption of further steps to improve overall financial management.
The improvement of the collection of own revenue.
Similar interventions in the provinces of the Free State, Eastern Cape and Kwazulu-Natal over the last few years have brought about speedy turn around in their finances.
<fn>GOV-ZA.2001047En.2012-02-10.en.txt</fn>
To provide for the remuneration and conditions of employment of judges of the Constitutional Court, the Supreme Court of Appeal and the High Courts; and for matters connected therewith.
[Definition of 'annual salary' substituted by s. 14 (a) of Act 28 of 2003.
[Definition of 'partner' inserted by s. 14 (b) of Act 28 of 2003.
'spouse' means a person to whom a Constitutional Court judge or judge is legally married. [Definition of 'spouse' added by s. 14 (c) of Act 28 of 2003.
to whom corresponding legislation in any homeland, as defined in Item 1 of Schedule 6 to the Constitution, which, immediately before the date of commencement of this Act, had not been repealed, applied.
an allowance at the rate of R3 500 per annum, which allowance shall not be taxable, unless Parliament expressly provides otherwise.
Any remuneration contemplated in subsection (1), shall be paid as a direct charge against the National Revenue Fund.
No Constitutional Court judge or judge may, without the consent of the Minister, accept, hold or perform any other office of profit or receive in respect of any service any fees, emoluments or other remuneration apart from his or her salary and any amount which may be payable to him or her in his or her capacity as such a Constitutional Court judge or judge.
[S. 2 substituted by s. 15 of Act 28 of 2003.
may at any time on his or her request and with the approval of the President be discharged from active service as a judge if there is any reason which the President deems sufficient.
may at any time on his or her request and with the approval of the President be discharged from active service as a Constitutional Court judge if there is any reason which the President deems sufficient.
A Constitutional Court judge whose 12-year term of office as a Constitutional Court judge expires before he or she has completed 15 years' active service must, subject to subsection (2), continue to perform active service as a Constitutional Court judge to the date on which he or she completes a period of 15 years' active service, whereupon he or she must be discharged from active service as a Constitutional Court judge.
A Constitutional Court judge who, on attaining the age of 70 years, has not yet completed 15 years' active service, must continue to perform active service as a Constitutional Court judge to the date on which he or she completes a period of 15 years' active service or attains the age of 75 years, whichever occurs first, whereupon he or she must be discharged from active service as a Constitutional Court judge.
he or she still qualifies to hold office as such a judge in a permanent capacity in terms of section 3 (2) or subsection (4).
who is not a judge contemplated in section 174 (5) of the Constitution, from being appointed to the office of judge in a court other than the Constitutional Court by the President on the advice of the Judicial Service Commission as contemplated in the Constitution, if he or she still qualifies to hold office as such a judge in a permanent capacity in terms of section 3 (2) or subsection (4).
suspends any salary payable in terms of section 5 to that judge pursuant to such discharge from active service.
may not be less than the annual salary applicable to the highest office held as a Constitutional Court judge or a judge.
A judge who on attaining the age of 70 years has not yet completed 15 years' active service, may continue to perform active service to the date on which he or she completes a period of 15 years' active service or attains the age of 75 years, whichever occurs first, whereupon he or she must be discharged from active service as a judge.
C represents the period in years of active service of such Constitutional Court judge or judge.
in terms of section 3 (1) (b) or (c) or 3 (2) (c) or (d) before he or she attains the age of 65 years, shall, subject to paragraph (b) , be not more than 80 per cent of his or her highest annual salary during the period of his or her active service.
in respect of any active service performed after the date of commencement of this Act be taken into account.
If a Constitutional Court judge or a judge to whom a salary is payable in terms of this section dies, the payment of the salary shall cease with effect from the first day of the month following the month in which he or she died.
E represents the period in years of active service, but not exceeding 20 years, of such a Constitutional Court judge or judge in the office concerned.
After the completion of 15 years' active service a Constitutional Court judge or judge shall once be entitled, if he or she so requests, to be paid the gratuity (or any part thereof) which has until the date of the request accrued in accordance with the formula in subsection (1).
After the completion of 20 years' active service a Constitutional Court judge or judge shall once be entitled, if he or she so requests, to be paid the gratuity (or any portion thereof) which has until that date accrued in accordance with the formula in subsection (1), or the balance available after the exercise of the power in terms of subsection (2).
A judge referred to in section 4(4) shall once be entitled, when he or she attains the age of 70 years and has completed not less than 10 years' active service, to be paid, if he or she so requests, the gratuity (or any portion thereof) which has until the date of that request accrued in accordance with the formula in subsection (1).
The total amount of any gratuity payable in terms of this section to a Constitutional Court judge or judge shall not exceed three times his or her highest annual salary during the period of his or her active service.
For the purposes of this section the period of active service shall be calculated by the year and the month, and fractions of a month shall be taken into account.
Notwithstanding anything to the contrary contained in any other law, the gratuity payable to Constitutional Court judges or judges under this section shall not be taxable.
has already attained the age of 75 years, may voluntarily perform further service, if his or her services are so requested, if that Constitutional Court judge's or judge's mental and physical health enable him or her to perform such service.
Service referred to in paragraph (a) of the definition of 'service' in section 1, in a permanent post on the establishment of a particular court, may, subject to paragraph (b A) , only be performed if that service is requested by the Chief Justice, President of the Supreme Court of Appeal or the judge president in whose area of jurisdiction the Constitutional Court judge or judge resides or of the court to which he or she was attached when discharged from active service, or with his or her consent, any other judge president, in consultation with the Chief Justice or the judge president in question, as the case may be, and the Minister so approves, after consultation with the Judicial Service Commission.
[Para. (b) substituted by s. 34 (a) of Act 66 of 2008.
(b A) Service referred to in paragraph (a) of the definition of 'service' in section 1 which becomes necessary as a result of the creation of an additional temporary post on the establishment of a particular court, to deal with additional workload or backlogs which have developed, may be performed if that service is approved by the Minister after consultation with the head of the court in question, and for the period decided by the Minister, which period may not exceed three months at a time.
[Para. (b A) inserted by s. 34 (b) of Act 66 of 2008.
Service as mentioned in paragraph (b) , (c) or (d) of the definition of 'service' in section 1 may be performed only with the consent of the Constitutional Court judge or judge concerned.
A Constitutional Court judge or judge who performs service in terms of subsection (1), as contemplated in paragraph (a) of the definition of 'service' in section 1, shall, subject to paragraph (b) (ii), monthly be paid an additional amount in remuneration which is equal to the amount which at that time is payable to the holder of the office which he or she holds for that period.
the proviso to subsection (1) (a) (i) or in subsection (1) (a) (ii), read with paragraph (a) of the definition of 'service' in section 1, shall monthly be paid such remuneration as the President may determine.
fails to perform the minimum period of service referred to in that subsection if so requested, shall, for every full year during which he or she so fails, be reduced by two per cent: Provided that such reduction shall, in the aggregate, not amount to more than 10 per cent of such salary.
The registrar of the Supreme Court of Appeal or a High Court where a Constitutional Court judge or judge performs service in terms of subsection (1), shall notify the Director-General: Justice and Constitutional Development immediately of the commencement and duration of the service.
The Director-General: Justice and Constitutional Development shall keep a register of all service performed by Constitutional Court judges or judges in terms of subsection (1).
A Chief Justice who becomes eligible for discharge from active service in terms of section 3 (1) (a) or 4 (1) or (2), may, at the request of the President, from the date on which he or she becomes so eligible for discharge from active service, continue to perform active service as Chief Justice of South Africa for a period determined by the President, which shall not extend beyond the date on which such Chief Justice attains the age of 75 years.
A President of the Supreme Court of Appeal who becomes eligible for discharge from active service in terms of section 3 (2) (a) or 4 (4), may, at the request of the President, from the date on which he or she becomes so eligible for discharge from active service, continue to perform active service as President of the Supreme Court of Appeal for a period determined by the President, which may not extend beyond the date on which such President of the Supreme Court of Appeal attains the age of 75 years.
Provided that if the Constitutional Court judge or judge is survived by more than one spouse, the amount envisaged in paragraph (a) or (b) shall be divided equally between the spouses concerned, unless the judge concerned determined otherwise in accordance with a regulation made under section 13 (1) (c B).
The amount payable to the surviving spouse or partner of a Constitutional Court judge or judge in terms of subsection (1) shall be payable with effect from the first day of the month immediately succeeding the day on which he or she died, and shall be payable until the death of such spouse or partner.
[S. 9 substituted by s. 16 of Act 28 of 2003.
if such Constitutional Court judge or judge is not survived by a spouse or partner, be payable to the estate of such Constitutional Court judge or judge, a gratuity which shall be equal to the amount of the gratuity which would have been so payable to such Constitutional Court judge or judge had he or she not died but was, on the date of his or her death, discharged from active service as aforesaid: Provided that if the Constitutional Court judge or judge is survived by more than one spouse, the gratuity calculated in terms of this section shall be divided equally between the spouses concerned, unless the judge concerned determined otherwise in accordance with a regulation made under section 13 (1) (c B).
[S. 10 substituted by s. 16 of Act 28 of 2003.
Any resignation by a Constitutional Court judge or judge which is not contemplated in this Act precludes the payment of any benefits to such person in terms of this Act to which a Constitutional Court judge or judge would otherwise be entitled on discharge from active service.
A Constitutional Court judge who is a judge contemplated in section 174 (5) of the Constitution or a judge who holds office in a permanent capacity, who already has attained the age of 65 years and has performed 15 years' active service may resign from office by notice in writing to the President that he or she no longer wishes to serve in the office of such judge, and shall vacate his or her office upon acceptance of such resignation.
a gratuity in accordance with the formula set out in section 6 (1).
A Constitutional Court judge who is not a judge contemplated in section 174 (5) of the Constitution who has completed a 12 year term of office as a Constitutional Court judge or who has attained the age of 70 years, whichever occurs first, may resign from office by notice in writing to the President and must vacate his or her office upon acceptance by the President of such resignation.
The provisions of section 6 (7) apply with the necessary changes in respect of any gratuity payable in terms of this section.
The surviving spouse or partner of a Constitutional Court judge or judge referred to in subsection (2) or (4) must, with effect from the first day of the month immediately succeeding the month in which he or she dies, be paid an amount equal to two thirds of the salary which was payable to that Constitutional Court judge or judge in terms of subsection (3) (a) or (5) (a) , which amount shall be payable until the death of such spouse or partner: Provided that if the Constitutional Court judge or judge is survived by more than one spouse, the amount concerned shall be divided equally between the spouses concerned, unless the judge concerned determined otherwise in accordance with a regulation made under section 13 (1) (c B).
[Sub-s. (7) substituted by s. 31 of Act 55 of 2003.
A motor vehicle owned by the State may, on such conditions as the Minister may determine with the concurrence of the Minister of Transport, be made available to any person who holds office as a Constitutional Court judge or judge in a permanent or acting capacity, whether he or she performs active service or service, for use, in accordance with the conditions so determined, in the course of his or her official functions as well as for his or her private purposes.
[Para. (c A) inserted by s. 17 (a) of Act 28 of 2003.
[Para. (c B) inserted by s. 17 (a) of Act 28 of 2003.
[Para. (e) deleted by s. 17 (b) of Act 28 of 2003.
A regulation under subsection (1) may provide that an amount referred to in paragraph (c) or (d) of that subsection shall be calculated either in accordance with a scale or having regard to the expenses actually incurred in connection with the matter concerned.
The Director-General: Justice and Constitutional Development shall, subject to the directions of the Minister, be charged with the general administration of this Act.
Salaries, allowances and benefits payable in terms of sections 2, 5, 6,7, 9, 10 and 11 of this Act shall be paid as a direct charge against the National Revenue Fund and on such dates and in such manner as the Minister may from time to time determine.
Decree 19 (Judges' Remuneration and Conditions of Service) of 1990 (Decree 19 of 1990) (Transkei), by section 17 of this Act, the regulations which were made under the said Acts and were in force immediately before the date of commencement of this Act and which are not inconsistent with this Act, continue in force in respect of those judges to which the regulations applied immediately prior to the commencement of this Act until they are repealed, withdrawn or amended by regulations made under section 13 of this Act.
section 1 of Decree 19 (Judges' Remuneration and Conditions of Service) of 1990 (Decree 19 of 1990) (Transkei), performed by a judge referred to in section 1 prior to the commencement of this Act is, for the purposes of this Act, deemed to be active service or service as contemplated in section 1 (1) of this Act.
a judge in the former South West Africa prior to its independence and who, at the commencement of this Act, holds office as a judge of a High Court.
If a judge who has been seconded for active service or service as a judge of a High Court or Supreme Court of a homeland as defined in Item 1 of Schedule 6 to the Constitution, dies or is discharged from active service while holding the office of chief justice of such a High Court or Supreme Court of such a homeland in a permanent capacity, his or her salary shall for the purposes of this Act be deemed to be that of a judge president of a High Court.
If a judge who has been seconded for service as a judge of a High Court or Supreme Court of a homeland as defined in Item 1 of Schedule 6 to the Constitution, holds the office of chief justice of such a High Court or Supreme Court in a permanent or acting capacity, and if the amount of the salary and allowance payable to him or her in terms of section 2 (1) is less than the amount of the salary and allowance payable in terms of that subsection to a judge president of a High Court, he or she shall, in addition to the salary and allowance payable to him or her as aforesaid, be paid an allowance equal to the difference between the amount of the salary and allowance payable to him or her as aforesaid and the amount of the salary and allowance payable as aforesaid to such a judge president.
Section 4 of Decree 19 (Judges' Remuneration and Conditions of Service) of 1990 (Decree 19 of 1990) (Transkei) continues to apply to any person to whom it applied at the date of commencement of this Act as if it had not been repealed.
Any person who retired as a judge in terms of the Judges' Pensions Act, 1978 (Act 90 of 1978), and who, at the commencement of this section, receives a pension in terms of the said Judges' Pensions Act, 1978, is, from the date of commencement of this section, entitled to an amount equal to two thirds of the salary payable to a judge contemplated in section 5 (1) of this Act who held the same or a similar office to that of the retired judge on the date of the latter's retirement from office and who has the same number of years' service in an acting or permanent capacity.
[Para. (b) substituted by s. 32 (a) of Act 55 of 2003.
Any surviving spouse of a judge who retired as a judge in terms of the Judges' Pensions Act, 1978, and who, on or after 3 May 2002, receives a pension in terms of the said Act, is, from 3 May 2002 or any later date from which such surviving spouse is entitled to such a pension, entitled to an amount equal to three quarters of the amount to which his or her deceased spouse would have been entitled under paragraph (a).
[Para. (c) substituted by s. 32 (a) of Act 55 of 2003.
shall be payable until the death of such spouse. [Para. (d) added by s. 32 (b) of Act 55 of 2003.
The amounts payable to persons in terms of this subsection shall be adjusted whenever the annual salary payable to a Constitutional Court judge or a judge, as the case may be, is increased.
[Para. (e) added by s. 32 (b) of Act 55 of 2003.
In applying this subsection, no person may be paid an amount which is less than that which he or she received before any adjustment was made under this subsection. [Para. (f) added by s. 32 (b) of Act 55 of 2003.
[Date of commencement of sub-s. (4): 3 May 2002.
The laws mentioned in the Schedule are hereby repealed to the extent set out in the third column thereof.
This Act shall be called the Judges' Remuneration and Conditions of Employment Act, 2001.
Section 16 (4) comes into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.2001050701En.2012-02-10.en.txt</fn>
In a joint project, the National Treasury and the Central Depository have converted all R270bn of government bonds held by the depository to electronic securities by dematerialising the certificates.
In future new bonds will be issued without certificates, using direct computer links between the National Treasury and the depository.
The implementation of both systems and the market procedures was smooth and seamless.
The dematerialisation process will further streamline the process of issuing bonds, an important instrument in Government's funding programme. It is also a further step towards facilitating a strip market in government bonds.
The Government is by far the largest issuer of bonds in South Africa, representing about 80% of the market.
This is the second major issuer whose bonds have been dematerialised in the Central Depository. In mid last year ESKOM was the first.
Investors who wish to withdraw bonds from the depository, and hold paper certificates, may still do so. There are, however, costs in converting from the electronic format, and only electronic bonds can be sold in the market.
"There will come a time when all securities are electronic, and certificates become a thing of the past", said Ray Ayres, CE of Central Depository. "The operating efficiencies of dealing with electronic securities are obvious, while risks associated with certificates, such as tainting through fraud and forgery are significantly reduced," he said.
<fn>GOV-ZA.2001051401En.2012-02-10.en.txt</fn>
It is hereby made known for general information that an agreement as set out in the Annexure hereto has in terms of section 100 of the Constitution been entered into between the Government of the Republic of South Africa and the Government of the Province of Mpumalanga.
The Agreement has been signed on behalf of the Government of the Republic of South Africa by T A Manuel, MP, Minister of Finance and on behalf of the Province of Mpumalanga by N Mahlangu, MPL, Premier of the Province of Mpumalanga, and took effect on 3 April 2001.
WHEREAS, in accordance with its responsibility in terms of section 100 of the Constitution, the National Government desires to take appropriate steps in terms of section 100(1)(a) of the Constitution to ensure that the Province fulfils its executive obligations.
The Province undertakes to appoint, in terms of section 132(2) of the Constitution, a Member of the Executive Council for Finance ("the MEC for Finance") by 15 May 2001.
The National Government undertakes to grant the Province an amount of R300 million to be utilised to fund the Province's outstanding financial commitments accumulated over the 1999/00 and the 2000/01 financial years.
appropriately reallocate, through the Adjustments Estimate, the contingency reserve of R297 million to the Budget Votes: Provided that, to the extent necessary, it may provide for a contingency reserve of an amount not exceeding R20 million; and present to the National Treasury, by 30 June 2001, a detailed cash flow plan for the 2001/02 financial year.
assessing and improving the capacity of financial management in key spending departments (e.g. Education, Health and Welfare), including appointing appropriately qualified and experienced Chief Financial Officers (CFOs); and effectively dealing with unauthorised expenditure through, amongst other things, taking disciplinary steps against those responsible for such a breach of treasury control measures.
ensure that suspense accounts are cleared on a monthly basis decentralise the management of the Basic Accounting System (BAS), Provisioning Administration System (PAS) and the PERSAL function; and withdraw the facility to issue hand-drawn cheques.
ensure that the Committee evaluates expenditure reports, at least quarterly, and advises the Provincial Executive Council on financial and fiscal issues; and consent to the National Treasury's participation in the Committee, in an observer capacity.
when the Budget for the 2002/03 financial year is tabled, the MTEF Budget provides for a contingency reserve of an amount not exceeding R20 million annually; and in the budgets for each of the 2002/03, 2003/04 and 2004/05 financial years, respectively, the Province provides for a surplus budget of at least R50 million to finance the debt of the province as at 31 March 2001 and takes such steps as are necessary to finance any other remaining debts, without unduly disrupting the provision of basic services.
the imposition of a limit to the addition of new vehicles to the provincial fleet; and the initiation of processes to rationalise departmental and administrative structures in order to eliminate the unnecessary duplication of functions.
The Province commits itself to determine, by 30 June 2001, its total debt commitments and to comply timely with all financial obligations, including with regard to its payments to the South African Revenue Services and the Government Employees Pension Fund and in respect of the payment of other legitimate claims against the Provincial Revenue Fund, including for the payment of municipal rates and charges and other creditors and suppliers.
steps to review all tariffs, fines, fees and rents to bring them in line with the levels of other provinces; and a register of all government houses and other immovable properties, their location and condition, the identity of their occupants, the rent paid and confirmation that all accrued rentals have been collected.
The Province undertakes to, on a quarterly basis or such other periods as may be determined by the Minister, provide the Minister with comprehensive reports, prepared by the MEC for Finance and co-signed by the Premier, on progress in implementing this agreement.
The Province undertakes to, by 31 May 2001, provide the Minister with the actual total costs of the building, including an outline of all its financial commitments, guarantees and other liabilities arising from its involvement in the Riverside Government Building Complex, to report on the steps taken or to be taken to resolve any issues arising from the said complex and to incorporate such liabilities into the province's MTEF budget.
This agreement takes effect on 3 April 2001 and is valid for a period not exceeding 12 months: Provided that if, as a result of a comprehensive review of the Province's compliance with the terms of this agreement to be carried out in March 2002, the Minister considers it necessary for this agreement or any term thereof to continue in force beyond that 12 months period, the Minister shall, in writing, so inform the Premier.
<fn>GOV-ZA.2001051402En.2012-02-10.en.txt</fn>
Buy-back auctions will be conducted on the Bloomberg Auction System, unless otherwise stipulated by the SARB.
Bids must be submitted in minimum amounts of R1 million and multiples thereof.
Bids must be submitted to the nearest 0.005%.
Odd lots will be bought back within 24 hours of the auction closing time. Primary Dealers are requested to phone the SARB with these odd lots amounts.
The odd lots will be bought back at the weighted average yield of the auction for the particular stock. An odd lot is deemed to be any amount smaller than R1 million.
The odd lot amount will be settled on a T+2 basis if the odd lot is boughtback on the day following the auction, otherwise the trade is settled on a T+3 basis.
Phone : (012)315 5456 e-mail : phakamani.hadebe@treasury.gov.
<fn>GOV-ZA.2001051601En.2012-02-10.en.txt</fn>
The National Treasury has awarded a mandate to Daiwa Securities and Nomura for a possible Samurai bond issue. This is in line with the government foreign borrowing strategy of $1 billion equivalence as contained in the 2001/2002 Budget Review.
<fn>GOV-ZA.20010530En.2012-02-10.en.txt</fn>
On behalf of the Government of the Republic of South Africa, I wish to express our sincere appreciation to the Government and the people of Spain for having received us warmly in this beautiful city of Valencia and for the Spanish hospitality extended to the South African delegation since our arrival.
The 36th Annual General meetings of the ADB takes place in a different era in the history of the African continent. It is an era in which the process of democratisation is spreading rapidly across the entire continent. But this is also an era of globalisation that is characterised by rapid technological progress, in increased capital flows across countries but certainly also by the marginalisation of the poor. There is nothing that suggests that we should accept this marginalisation.
In order for us to engage with globalisation, it is important for us to recognise that global prosperity cannot be achieved while there remains extensive pockets of poverty. The world cannot prosper when more than half of its population lives on less than two dollars a day and a fifth on less than one dollar a day. The world cannot prosper when communicable diseases such as HIV/AIDS and malaria are killing and preventing millions of Africans from functioning at their full potential. The world cannot prosper when the products of developing countries are denied access to the markets of the developed countries. These are issues for us as policy makers not matters that we cede to NGO's. It therefore merits greater prominence in our discussions.
Last year, OECD countries' subsidies to their farmers amounted to roughly $1 billion dollars a day. This is clearly unacceptable. African producers cannot compete fairly and effectively in a playing field that is so tilted against them.
The challenge that faces us as Africans is how to muster our strengths and efforts to ensure that we eradicate poverty and place our countries on a path of sustainable growth and development. Let me be the first to thank Sweden for reaching the level of 0.81 percent of GNP as ODA. Let me also invite all non-regional members to join "Club Sweden".
The Millennium Partnership for the African Recovery Programme (MAP) is a plan of a global partnership in which Africa takes leadership in addressing its own development challenges. The key priority areas of the MAP are peace, security and governance; investing in Africa's people; diversification of Africa's production and exports; investing in ICT and other basic infrastructure and developing financing mechanisms.
These priority areas must be implemented simultaneously and in interaction with one another. This is not just a plan. It is a plan in which African leaders will take joint responsibility for a comprehensive programme of action with the objectives of restoring peace and security: promoting democratic systems of government; reducing poverty and attaining the international development targets for health and education.
This initiative by African political leaders does not just put a challenge to our international development partners. It means that we as shareholders of the African Development Bank need to start recasting a new role for the institution to meet the development challenges of the continent. In recasting the role of the ADB, we need to ensure that the institution is well resourced, utilises these resources efficiently, and that it adheres to the highest standards of corporate governance. In order to fulfil its role, the ADB would need the commitment of all of its shareholders, particularly regional members. The implementation of the revised share transfer rules in the Bank has allowed South Africa to increase its shareholding from 0.8 percent to 4.099 percent. This is part of our commitment to this institution. We were also the first regional member state to contribute to the ADF, yet we remain outside of the ADF meetings. This is so wrong. We appeal to nonregional contributors to the ADF to correct this anomaly so that other regional member states may be encouraged to contribute to the ADF.
We need to develop mechanisms that would enable us to mobilise both domestic and foreign resources. The ADB must develop instruments that reflect an understanding of the needs of the African continent.
The current efforts with regards to debt relief would still not allow the HIPC countries to realise the millennium 2015 goals. Clearly, the process of debt relief needs to be speeded up and we would need to look at beyond simply debt sustainability. It needs to look at debt relief as a way of releasing resources to eradicate the scourge of poverty. To this end, technical assistance has to be provided to build the capacity of African countries to formulate their own Poverty Reduction Strategy Papers. This is a key element of the Partnership we want.
African leaders can and have started to take a leadership role in the resolution of delivering development on the African continent. The African Development Bank should play a pivotal role in both the financing and the re-shaping of the African development agenda.
The Millennium Partnership for the African Recovery Programme forms the basis of this development agenda. We should finally eradicate disease and poverty on the African continent.
<fn>GOV-ZA.2001062801En.2012-02-10.en.txt</fn>
Coupon: 2.0% s.a.
The transaction was originally mandated on an indicative price of 2.25 - 2.35 %, but this was reduced to 2.0% -2.25% following a significant tightening of the domestic South African market and positive initial feedback to the issue from target investors. Positive sentiment to the issue, a highly successful roadshow in Tokyo, and the awarding of a positive outlook on the BBB rating from R&I, enabled South Africa to price its issue at the tightest end of this range.
Size was originally targetted at ¥30bn, but a series of very successful investor meetings in Japan resulted in demand approaching 3 times this amount and in consequence the deal was doubled in size, to ¥60bn, to accommodate investors who were committed to South Africa.
The issue was priced to yield 2.0% s.a. at reoffer, equivalent to ¥L+141 or JGB+ 149. This is equivalent to Bunds + 198 bps and compares favourably with the spread on South Africa's only other public transaction this year, the E 500m 7 % bonds due 2008.
Despite the aggressive pricing, the deal was sold to a wide range of investors. The joint bookrunners reported that approx. 40% of orders came from retail accounts and 60% from institutional accounts in Japan, the rest of Asia and Europe. Institutional accounts included government related institutions, life insurance companies, regional banks and corporates. Many accounts were first time buyers of the South African credit. The 6 year maturity was chosen to fit South Africa's debt maturity profile and to achieve optimum funding levels in Japan by appealing to both retail and institutional accounts.
South Africa has long been a popular borrower in Japan since the debut Samurai issue, a ¥30bn 5 year issue in 1995. Since that issue, its credit story has continued to improve . As well as the positive outlook from R&I, South Africa's Moody's rating of Baa3 is also on positive watch, and its S&P rating was upgraded to investment grade in 2000 and is stable.
A very senior team from South Africa headed by Maria Ramos -Director General National Treasury, James Cross - Senior Deputy Governor, Reserve Bank of South Africa and Brian Molefe - Deputy Director General, National Treasury visited Japan this week to tell this excellent credit story, as reflected in the credit rating upgrades mentioned above. The presentations to investors focused on South Africa's success in achieving a macro economic balance of steady growth alongside falling interest rates, declining inflation and current account progression from deficit to surplus. Rising foreign direct investment and accelerated privatisation coupled with structural reform point to a successful micro economic environment also.
Africa's peer group. Finally emphasis was laid on the stable and transparent political situation, the well supervised banking sector and the sophisticated infrastructure in South Africa.
African economy and the policies that we have pursued over the last 6 years. The deal is very competitively priced and demand was robust. This deal completes South Africa's foreign currency borrowing for the current fiscal year.
Brian Molefe - Deputy Director General -added " There is definitely an increasing appreciation and admiration of our story from the international financial markets.
"We are both very pleased with this issue, the result which is a highly competitive funding benchmark for South Africa in Japan. The issue exceeded all expectations in terms both of the cost achieved and the final size of the deal. This is in large part due to the recognition by investors of the excellent and improving credit story behind the issue. It also reflects the South African team's professionalism, thoroughness and hard work in preparing for the deal and taking the time to visit Japan and talk to investors face to face. Momentum for the deal built up steadily through the week, to such an extent that the issue was nearly 3 times oversubscribed from the original target issue size. This was an exemplary issue , with timing, coupon, maturity and credit profile meeting investor preferences perfectly, at a time when the season of shareholders meetings in Japan meant a very quiet domestic issuance calendar".
<fn>GOV-ZA.2001081001En.2012-02-10.en.txt</fn>
Today the Regulations of the Preferential Procurement Policy Framework Act, No. 5 of 2000, have been promulgated in the Government Gazette. These regulations will give substance to the contents of the Preferential Procurement Policy Framework Act which was passed through Parliament at the beginning of last year. The purpose of this act is to enhance the participation of Historically Disadvantaged Individuals (HDIs) and the small, medium and micro enterprises (SMMEs) in the public sector procurement system.
According to the new evaluation system contemplated in the Regulations, preferences will be applicable to all tenders, irrespective of the amount. An 80/20 point system will be applicable for tenders up to R 500 000, while a 90 / 10 point system will be applicable for tenders above R 500 000. For the first system a maximum of 80 points will be allocated to the lowest acceptable tender, while tenderers who tendered higher in price will score a lower number of points. A maximum of 20 points will be awarded to tenderers for contracting or subcontracting with HDIs and for achieving specified RDP goals. The tender will be awarded to the tenderer who scored the highest number of total points. The goals to be achieved will be clearly specified in the tender documents, must be quantifiable and measurable and monitored for compliance.
For tenders with a value above R 500 000 a similar 90 / 10 point system will be followed during the evaluation process where a maximum of 90 points will be scored by the lowest acceptable tender, and a maximum of 10 points can be scored for contracting or sub-contracting with HDIs and for achieving specified RDP goals.
Since 1996 a maximum of 11,1% preference was allowed for HDIs who tendered for building and construction contracts administered by the Department of Public Works, while a maximum of 13,6% preference was allowed for equity ownership by HDIs and women for contracts with a value up to R 2,0 million. No preferences were allowed for contracts above R2,0 million.
The regulations were published in draft form for comments in the Government and all Provincial Gazettes. Various comments were received and after refining the draft regulations, it was discussed thoroughly between the Minister of Finance and all the MECs: Finance of the Provinces.
The goals to be achieved are detailed in the regulations. Points for achieving these goals must include points for contracting and / or subcontracting with HDIs and may include points for inter alia promotion of South African owned enterprises, promotion of export orientated production to create jobs, the promotion of SMMEs, promotion of enterprises located in a specific province, region, municipality or rural areas, the empowerment of the work force by standardising the level of skill, the development of human resources and the upliftment of communities.
It is envisaged that the implementation of these regulations will enhance the involvement of black businesses in the public tendering system and will contribute to the upliftment of disadvantaged communities. It will further assist in the inclusion of the informal business sector into the main stream of the economy.
The implementation process will be closely monitored and the Minister of Finance will report the effect of these measures to Parliament. The Regulations will be applicable to all national and provincial departments as well as all local authorities.
The Regulations have been published in the Government Gazette No.22549 dated 10 August 2001. It is also available on the internet of National Treasury (www.treasury.gov.za).
For more information contact Messrs. Coen Kruger or Jan Breytenbach at telephone (012) 3155728 and (012)-3155342 respectively.
<fn>GOV-ZA.2001081601En.2012-02-10.en.txt</fn>
It is with a great sense of pride that we will host the host the United Nations World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban later this month. The campaign against racism has formed an integral part of the UN's work since the adoption of the Universal declaration on Human Rights in 1948. In 1963, the General Assembly adopted the UN Declaration on the Elimination of All forms of Racial Discrimination. It convened the first World Conference to Combat Racism and Racial Discrimination in Geneva in 1978, and the second World Conference to Combat Racism and Racial Discrimination, again in Geneva in 1978. The UN Third world Conference Against Racism will be hosted by us, the first time the UN takes this conference away from Geneva or New York to take stock and to plan. We host with pride, and with good reason.
There is truly no society on earth where the phenomenon of racism has been as much an integral part of the everyday life of a people, which permeated all levels of a people's being and self perception, as it has in South Africa. Many across the globe believe with good reason that because of our specific history we have the possibility to make an important contribution to the universal struggle to defeat the scourge of racism.
But, to do so, we must acknowledge our past, commit to changing the present and build the future.
In confronting our past, we must recognise that racial divisions here were a necessary precondition for capitalist industrial relations. Every element in South Africa - from the early colonisation by the Dutch, through the decimation of the indigenous Khoi and San, through the introduction of migrant labour to dig the mines, through the 1913 and 1936 Land Acts, the introduction of job reservation and the Coloured Labour Preference Policy -in fact every element of South Africa's apartheid past was premised on the need to subjugate Black South Africans, in order to exploit and so maximise both profits and control.
In the nineteenth century, the term Coloured in official documents referred to all persons not classified as European. By 1904, however, the term Coloured had been reconstituted to exclude Bantu-speaking people. From 1904 until the present time the term Coloured has roughly designated the same category of individuals. No single definition of Coloured people exists: a succession of contradictory legislative measures and legal precedents has only added to the ambiguity surrounding the term.
In acknowledging our past, especially here in the Western Cape, we must then understand how this bureaucratic nonsense has been imbibed - the legacy of group areas remains, and the Coloured Labour Preference, is till sought after by some.
We must commit to changing the present. Our present is created as the fruits of an anti-racist struggle. As the centre-piece of the opportunities created, we have the most modern Constitution in the world, which embodies the triumph of nonracism, non-sexism and democracy. This Constitution is the triumph of the selflessness of many millions of our people - who struggled against White domination, yet did not surrender to the temptation of advocating black racial domination. Instead our people have reached inside of themselves to opt for the very antithesis of apartheid - the ideal of non-racialism.
So, we have created the opportunity to, in the words of President Mbeki, "Build the future in the present".
Freedom Charter, with its bold opening statement, "South Africa belongs to all who live in it, Black and White, and no government can justly claim authority unless it is based on the will of the People."
It concludes with the commitment "These Freedoms we will fight for, side by side, throughout our lives, until we have won our liberty."
It is in defining that liberty that we will develop plans for the future. Key to understanding the liberty is to recognise that apartheid was, and its remnants remain, a system of power relations in which one group dominates others with the purpose of inequitably distributing social and economic goods, employing race as the determinant criterion of success.
It is this unique set of circumstances that truly gives South Africa this special place amongst nations to host the conference and lead the struggle for transformation.
But, the Conference we are hosting is a UN Conference its concerns are wider than those of South Africa alone. It is convened at a time when racism, racial discrimination and xenophobia are on the ascendancy in many parts of the industrialised and developing world. It is a highly integrated world, where the impetus for discrimination control of and access to resources - essentially then racism and xenophobia are still driven by power relations.
Yet, the issues are so much the same as those which confront us here.
First: the practice of racism is both anti-human and constitutes a gross violation of human rights; Second: as it has been practiced through the centuries, the black people have been the victims of racism rather than the perpetrators; Third: racism is manifested in a variety of ways, these being ideological, existing in the world of ideas, and the socio-economic describing the social, political, economic and cultural power relations of domination of and discrimination against the victims of racism; Fourth: for many centuries racism has been a fundamental defining feature of the relations between black and white, a directive principle informing the structuring of these relations; Fifth: the legacy of racism is so deeply entrenched that no country anywhere in the world has succeeded to create a non-racial society; Sixth: the global experience stretching over a long period of time, demonstrates that the creation of a constitutional and legal framework for the suppression of racism is a necessary, but not a sufficient condition to end this violation of human rights.
What the conference must do, is to review progress in the fight against these intolerances, consider the application of standards and the implementation of new instruments to combat these phenomena; to increase the level of awareness and to define an action-orientated agenda to combat the scourge.
But, the United Nations also has to acknowledge the world's past, in order to construct its future. It is in this regard that the three historic elements of global power relations, namely Slavery, Colonialism and Apartheid, stand out. These three inter-related issues have dominated the preparatory meetings held in Geneva over the past few months. There is a simple, yet compelling logic to this.
What is most relevant is to examine the present day significance of these historical and legal truths.
First it is important to appreciate the true balance sheet between Africa and Europe (Or, for that matter between Africa and the USA) . The conventional view is that African nations are steeped in debt and poverty because of the corruption and incompetence of their governments. I do not overlook the criminal acts, including the Rwandan genocide, for which Africans have been responsible. But the history of slavery and colonialism in Africa made it almost inevitable that in the post-colonial period, one people should be set against another, one minority should be persecuted by a majority. After centuries of 'divide and rule', unity could not have been built overnight.
If one could calculate the massive profits which Europe accumulated, both from the transatlantic slave trade and the exploitation of resources of Africa, one would find that Europe would owe to Africa far more in the form of reparations than Africa owes Europe in the form of foreign debt. It is a question of seeking justice for past wrongs, rather than seeking aid from a benefactor.
This brings us to the vexed question of reparations. In the global context, there is a body of international law devoted to this. The Basic Principles and Guidelines on the Right to a Remedy and Reparations, was developed for the United Nations in an attempt to define the obligations of states, largely in relation to other states, deals with Restitution, Compensation, Rehabilitation and Satisfaction. This body of Law remains extremely complex and untested.
There can be no half-measure about this. Apartheid has caused poverty, degradation, and suffering on a massive scale. It has denied to an overwhelming majority of the population access to ownership and occupation of land, to proper education, and to fundamental rights and freedoms which are essential for the development of self-esteem It has led to landlessness, ill-education and impoverishment within the black community.
The obvious conclusion of this argument is that generalised programmes to tackle poverty is the prerequisite reparation. It is not the only imperative, there are, of course, also specialised cases including the claims of victims who experienced repression at the hands of the state who have testified at the TRC and the claims of victims who were dispossessed of land.
These three elements together define the reparations challenge here in South Africa, a combined challenge that we must respond to.
Most important however, is our Call to Action, to eradicate racism. Our Call includes the commitment by government to: ï¿½ Restructure the State to create a democratic, representative state from an instrument designed as to advance white rule. ï¿½ A wide-ranging legislative programme aimed at addressing the legacy of apartheid through affirmative action and special protection for the historically disadvantaged.
ï¿½ Directed developmental interventions aimed at addressing the huge social backlog that exists with regards to the poorest of the poor ï¿½ Expanding access to services for the poor. ï¿½ Developing our human resources ï¿½ Supporting the restructuring of the economy.
Simultaneously, we take seriously the need to work tirelessly to construct a better world. Centre-stage of this task to develop a new Global Partnership to the benefit of Africa, called the Millennium Africa Recovery Plan (MAP) or the New Africa Initiative. It is an initiative that recognises that we, Africans, will take responsibility to define the objectives, make the pledges, build the relationships in order to eradicate poverty in Africa. We must place African countries both individually and collectively, on a path of sustainable growth and development and thus halt the marginalisation of Africa in the globalisation process. It is a firm set of commitments, our Call to Global Action, our strategy to Building an African Future.
The MAP, is a natural extension of the many tasks at hand here in South Africa. Unless we tackle racism here, our people will be denied democracy and development. And, unless we tackle the inter-relationship between North and South, our people will be denied democracy and development.
But it would be a grave error to focus only on government actions. These provide, as President Mbeki said, 'a necessary but not a sufficient condition'. Beyond government we must reach into every nook and cranny; every social formation be it religious, social or sporting; trade union or business association; cultural or gender-based - our task is to reach across the old divides in order to change hearts and minds, to build a warmth of reception and to engender an activism against racism, racial discrimination and xenophobia. Our task is to focus on inclusivity.
As long as people are denied opportunities for employment, education and health because of their race or ethnic background, we have work to do. As long as people of particular races and ethnic backgrounds find themselves disproportionately represented in the prison population, in the ranks of the socially and culturally excluded, and in the slums and favelas of the world's great conurbations, we have work to do. As long as they are disproportionately victims of health problems such as AIDS, and do not have equal access to medical care and treatment, we have work to do. And as long as ethnic conflict and genocide continues, we cannot rest.
Let us tackle this conference, our preparations for the Durban Conference, and the Call to Action, with exactly the same spirit.
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The Minister of Finance will be submitting the Municipal Finance Management Bill for tabling in Parliament this week. It was approved by Cabinet on 9 August 2001. The Bill will be gazetted by Thursday. It was initially gazetted on 28 July 2000 for public comment.
The Bill extends the philosophy of the Public Finance Management Act to local government. It improves governance over municipal entities. Should Parliament approve pending constitutional amendments, the bill will enable municipalities to borrow longer and cheaper. It also governs municipal financial emergencies.
The MFM Bill is a critical element in the transformation of local government. The Bill adds to the suite of recent local government legislation: the Municipal Structures Act the Municipal Systems Act the coming Property Rates Bil?
The MFM Bill and the "Policy Framework for Municipal Borrowing and Financial Emergencies " were originally published for public comment on 28 July 2000 in Government Gazette No 21423.
The Municipal Finance Management Bill is aimed first at modernising municipal budgeting and financial management. Secondly, the Bill facilitates the development of a long-term municipal lending/bond market. Thirdly, it introduces a governance framework for municipal entities.
The MFM Bill gives effect to various sections in Chapter 13 of the Constitution and more specifically sections 215, 216(1), 217 and 230 and implements the previously approved borrowing policy framework.
generally recognised accounting practice?
uniform expenditure classifications; an?
uniform treasury norms and standard?
Like the PFMA, the basic philosophy underlying the approach to municipal finance is to improve financial management, and to foster greater transparency. The bill also clarifies the responsibilities of political officebearers and officials. The accountability arrangements are spelled out clearly, as the Bill enables "managers to manage and be held accountable," while the executive and council are responsible for setting overall policy and priorities for the municipality.
Municipal entities. The Bill provides a clear framework for entities created by municipalities. The Bill complements Government's work on Municipal Service Partnerships and Public/Private Partnerships and enables the restructuring of municipalities through the formation of corporate entities. It prohibits the creation of municipal entities for investment, speculation or to avoid regulations. The Bill also promotes transparency and accountability of municipal entities through improvement in the reporting, auditing and governance requirements.
Section 230 of the Constitution grants municipalities the right to borrow and states that these rights will be regulated by national legislation. The Bill aims to restore municipal access to capital markets by clarifying the legislative framework and the rights of borrowers and lenders.
The municipal debt market has stagnated since 1994. Studies conducted by the National Treasury indicate that between March 1997 and March 2001 direct private sector lending to municipalities declined while public sector lending increased. Further, the volume of tradable municipal securities has been declining steadily. The long-term debt market - which is especially important for providing financial resources to municipalities for investment in infrastructure that is critical to both economic and social development (water, electricity, roads and waste) - has largely dried up.
Without a clear borrowing framework for municipalities, local government will not be in a position to take advantage of the benefits of participating in the capital markets to finance infrastructure spending, the benefits of which accrue to present and future users of such infrastructure. If creditworthy municipalities were able to attract long-term private capital, the national government would then be able to direct more resources to infrastructure extension and poverty relief in municipalities that cannot attract private capital. The Municipal Finance Management Bill creates an environment for financially healthy municipalities to enter long term capital markets.
The Bill's provisions on financial emergencies are grounded in the "Policy Framework"mentioned above. These provisions are urgently needed both to assure citizens that services will continue in a crisis and to help municipalities attract private sector investment. These provisions deal with the rare case of a municipality which is both in extreme financial distress and unable to manage its own way back to financial health. The Bill provides for the declaration and termination of a financial emergency by the High Court on application of the municipality itself, government, creditors, or other stakeholders. A Municipal Financial Emergency Authority (MFEA) would then appoint a financial administrator to develop and implement a recovery plan, in consultation with the municipality and all stakeholders. Extraordinary relief, including restructuring of debt, can be granted in exceptional circumstances.
<fn>GOV-ZA.2001090301En.2012-02-10.en.txt</fn>
The Minister of Finance will be submitting the Municipal Finance Management Bill for tabling in Parliament this week. It was approved by Cabinet on 9 August 2001. The Bill will be gazetted by today. It was initially gazetted on 28 July 2000 for public comment.
The MFM Bill is a critical element in the transformation of local government.
<fn>GOV-ZA.2001091401En.2012-02-10.en.txt</fn>
Paragraph 1.
Since the National Treasury is now dealing with bonds that are relatively liquid, it has been decide that the 30 day switch auction pre-announcement be changed to 14 days.
Paragraph 1.15 will thus read : " 14 days before auction: the National Treasury will preannounce the auction date and settlement date(s) of the switch auction(s) including the bonds involved."
1.1 Methodology: A cash-neutral switch method will be used based on a dirty pricing method. However, bids will be submitted in terms of yield.
1.2 Participation: Exchanges are effected on a voluntary basis. Only primary dealers are eligible to submit offers.
1.3 The National Treasury reserves the right to buy back nothing or less than the announced amount if warranted by market conditions.
1.4 The National Treasury may hold a number of switch auctions of a particular bond over a period of time, if necessary.
1.5 The National Treasury will not fix the minimum size for source bonds after the switches.
1.6 Only bonds with a minimum nominal outstanding debt of R1 billion will be considered as a source bond. Bonds with outstanding debt of less than R1 billion will only be considered for buy-backs (payment in the form of cash).
1.7 The National Treasury will not issue a new bond through the process of a switch auction.
1.8 No bond will be a source bond in a switch auction within 12 months of its last auction date as a destination bond, except for bonds with only 24 months to redemption.
1.9 Switches between bonds will not be restricted to pairs within the same maturity bracket.
1.10 There will be no limitation on the number of offers for each security.
1.11 Switch auctions will be conducted on a multiple-yield basis, where successful bidders will switch at the yield they bid. There will not be a non-competitive bidding facility.
1.12 The bidding format would be that the market participants, following the publication by the National Treasury of an indicative yield of the existing source bond (at 10.30am), will bid a quantity of the source bond, in minimum units of R10 million nominal and multiples of 5 thereafter, and a yield for the new destination bond (3 Decimal places), which will be assessed against the undisclosed fair market value that would have been determined in advance by the National Treasury.
1.13 The National Treasury will retain the option not to allot bonds to bids at a switch auction if they are not regarded by the National Treasury as fair market value.
1.14 Settlement will be t+3 1.
Switch auctions will be pre-announced in the quarterly auction calendar. The National treasury will schedule switch auctions for the forthcoming quarter on the last working day of the preceding quarter.
14 days before auction: the Naitonal Treasury will preannounce the auction date and settlement date(s) of the switch auction(s) including the bonds involved.
At 10.30am, the National Treasury will publish an indicative yield for the source bond involved in the switch auction.
Between 10.30am and 11.00am, the market participants will be allowed to offer their bids to switch a nominal quantity of the source bond into the destination bond at a yield of the destination bond (given the indicated 10.30am yield of the source bond).
By 11.30am the Reserve Bank will aim to publish the results of the switch auction. These would include the highest, lowest and average yields of the destination bond(s) which were successful; the nominal amount of the source bond that will be switched; and the nominal amount of the destination bond that will be created as a result.
The conversion of the source bond to the destination bond will usually have the implication of the nominal of the destination bond being an odd amount. The National Treasury is prepared to round off any odd amounts to the nearest R1 000 000,00 (one million rand). It has been decided that the auction process on the day of the tender should not be interrupted or delayed due to the rounding off of the nominal amount in respect to the destination bond. An option is now available to tenders to sell any odd amounts up to R1 000 000,00 to the National Treasury. These odd amounts that have been allocated during the auction process will be bought back at the same price that they have been tendered for. This option will only be available up to 11h00 the next working day following the auction.
Phone : (012) 315 5486 e-mail : phakamani.hadebe@treasury.gov.
<fn>GOV-ZA.2001092801En.2012-02-10.en.txt</fn>
Please refer to the GENERAL TERMS AND CONDITIONS OF THE SWITCH AUCTION PROGRAMME for the updated terms and conditions.
Please note that this auction is intended to be the last R184 switch auction.
<fn>GOV-ZA.2001100301En.2012-02-10.en.txt</fn>
Please note that the National Treasury will, from now on, sometimes announce zero auctions. This is because there is now a reduction in the minimum amount of the weekly auctions from R250 million to zero.
Further, since the National Treasury wishes to increase the CPI bond auctions, whenever there is appetite, more inflation-linked bonds than vanilla bonds will be issued. This will reduce the supply of vanilla bonds.
<fn>GOV-ZA.2001100801En.2012-02-10.en.txt</fn>
The review, initiated in 1999 has become an important measuring instrument of provincial and local government fiscal trends. Over and above the Intergovernmental Fiscal Review (IGFR), gives an in-depth analysis of service delivery in provinces and municipalities in accordance with government priorities. It is a comprehensive documentation of the achievements, ongoing pressures and constraints that face both provincial and local government spheres in their endeavours to deliver.
More importantly the review is written for non-financial policy analysts, policy makers, political representatives, implementers and academics. It also allows for comparability between provinces and municipalities, encouraging best practices being implemented by innovative provinces and municipalities.
The National Treasury will host an embargoed press conference before the tabling of the review on Tuesday, 09 October.
<fn>GOV-ZA.2001100901En.2012-02-10.en.txt</fn>
Our Constitution enjoins us to create a caring democracy built on the strong foundations articulated in our Bill of Rights. It also requires that we develop appropriate systems of government which recognise three inter-related and interdependent spheres of government by developing appropriate norms of co-operative governance.
Because decentralisation is necessary for effective delivery, the Constitution assigns to provinces the delivery of essential services like school education, clinics and hospitals, the provision of social grants and welfare services, housing and roads. Municipalities in turn, have responsibility for the delivery of essential basic services like water, electricity, their own priorities and budgets.
They are governments in their own right, accountable to their legislatures and councils, and tasked with real responsibilities to serve their people.
The fiscal system cuts to the heart of co-operative governance, which requires the close alignment of policy, budgeting and planning. Co-operative governance will succeed because we are able to co-ordinate and reconcile the priorities of the different spheres, and transfer sufficient resources to enable provincial and local governments to provide basic services. The system will work because all institutions of government collect all revenues due, make appropriate spending choices, and spend efficiently.
In preparing this Intergovernmental Fiscal Review, we repeatedly asked whether these interrelationships are working optimally, and what we can learn from our experience to improve the functioning of our intergovernmental relationships.
The Review focuses on the outcomes of the application of nationally raised revenues shared with the two other spheres of government. It does not review the spending by national government - this task is best dealt with in the Estimates of National Expenditure that we publish alongside the Budget. Provincial governments have the largest spending budgets, totaling R121,4 billion in 2001/02, and local governments about R62 billion, after taking their own revenues and transfers into account. Sixty percent of nationally-raised revenue available after servicing our debt is transferred to provinces and municipalities.
delivery - Education, Health , Social Services and Infrastructure -since these are essentially areas of provincial competence. We will, in future also examine other expenditure areas such as land and agriculture that are essential to uprooting poverty . Similarly, we must recognise that areas of national competence, like the criminal justice system all add up to measure the quality of life of South Africans - alongside those which are covered by the Review.
ï¿½ The Review focuses primarily on budget and financial information, but this third edition also focuses on important non-financial information. This should enable us to assess performance on service delivery, to set benchmarks and to identify best practice. It gives us a sense of how our provincial hospitals are shaping, how our schools measure up, how our local governments do in their task to bring basic services to people.
ï¿½ However, the relevance of the Review goes far beyond these numbers or service delivery indicators or achievements. It tells us about the difficulties and challenges facing the three spheres of government, about achievements, delivery challenges, institutional changes, fiscal choices made and to be made. Through this learning, we can help make our Constitution work better for the people of this country, and strengthen the provincial and local spheres to deliver better and more efficiently.
that it can improve on what it does. We have to learn from what we do correctly so that we can reinforce our successes, but we must also be mindful of our shortcomings in order to eliminate these. We can not, in the short term, deliver on all the expectations of our people, but democracy demands that we be mindful of the choices we make, and that we are able to report on the implementation of those choices.
Madam Chair, it is critical that this House champions the use of the Review as a tool to address broader development and delivery issues.
The IGFR is an attempt to help us answer some difficult questions and it should assist Parliament, and the NCOP in particular, legislatures and municipal councils, to strengthen their oversight function. It is the story of remarkable successes attained in a relatively short period. The Review details some essential elements of this wonderful transformation to democracy that we are all so important a part of. It is an invitation to engage with the executive in all spheres of government on what needs to be done. More importantly, this process offers a significant opportunity to advise on future spending choices, and hence on future allocations between the three spheres. It allows us to assess the key fiscal policy challenges that we face as a country.
This year's Review covers both provincial and local government issues across provincial functions like education, health, welfare or social development, housing and provincial roads and looks at critical issues such as infrastructure and personnel.
Previous Reviews have covered the remarkable turnaround in provincial finances since 1998/99. The Review indicates that this trend continues. Personnel spending moved from a high of 59 percent of total provincial spending in 1998/99 to 57,3 percent in 2000/01. Provinces are no longer running deficits, and are in fact running bigger surpluses than projected.
There are a number of successes that government can be proud of. I want to outline some of these briefly.
ï¿½ The spending and provision of social services are the key priority for Provincial governments. The three social sectors (education, health and social development) cover about 83% of provincial budgets. This share varies by province, depending on their demographics and history. For example, poor provinces like Eastern Cape spend about 22% of their total budget on social development, whilst Gauteng spends only about 14%. However, given that Gauteng has more academic hospital complexes, it spends over 30% of its budget on health compared to the greater equity. The measurable inequalities present the greatest ongoing challenge to all of us as decision-makers.
ï¿½ We have made good progress in turning the education system around. Given the legacy of apartheid, the transition over the past five years has been tough. Despite the many problems, the transition in education has been well managed, mainly due to the cooperative relationship between national and provincial governments and between the education and finance arms of Government.
Enrolment rates increased in South Africa to about 12,3 million in 1997, mainly due to a concerted effort to increase school enrolment after 1994. Learner-educator ratios have declined from about 33,7 in 1996 to 32,7 in 2000. More importantly, average class size has declined from 43 to 38 over the same period. Over 25 000 classrooms have been built since 1996. Most provinces report a reduction in the number of schools that are overcrowded, with the exception of Gauteng and Western Cape.
aged, children under six, foster care and the disabled. This success is probably Government's most effective tool in alleviating poverty. There are now 3.9 million beneficiaries of social grants. The number of beneficiaries in 2003 are expected to double from 1998. This rate of change is unsurpassed anywhere, but we must recognise that this remarkable take-up of grants places enormous stress on provincial social welfare budgets. Welfare grants and services will play an important role in countering the impact of HIV/Aids on household vulnerability, especially the need to care for orphans below 15 who lost parents due to Aids. The beneficiaries of the foster care grant grew from around 40 000 in April 1997 to 79 437 in March 2000, due in part to increasing numbers of Aids orphans.
ï¿½ The extension of primary health care has made basic health care more accessible to all South Africans. Provincial health expenditure grows by more than 2percent in real terms in 2001/02, from R24,1 billion in the previous year to R26,4 billion. Indeed, the private health care system only allows access to less than a fifth of all South Africans, mainly those covered by medical aid schemes. We must not allow this gap to widen. The Review points out that 84 percent of the population is not covered by medical aid or health insurance. With less funding the public sector has to care for a much larger number of people than the private sector.
ï¿½ doctor availability at clinics ï¿½ a marked increase in availability of electricity at clinics ï¿½ increases in availability of condoms, oxygen, penicillin and oral contraceptives.
ï¿½ Honourable Members will learn from the Review, the distribution of all health professionals - doctors, specialists, dentists and nurses is unbelievably uneven across the Provinces. This set of statistics, and the fact that we are aware of it, presents us with enormous policy challenges.
ï¿½ Government spent over R16 billion on provincial housing development between 1994/95 and 2000/01, R11,2 billion of which was spent since 1997/98. This contributed towards the building of more than 1,1 million housing units accommodating about 4,9 million people. Apart from providing shelter, this also means job creation. The challenge remains vast, and one person without shelter, one household without water, are one too many. But a dent has been made in the backlogs.
ï¿½ Infrastructure spending is now growing strongly. Capital spending in provinces rebounded with a 19 percent increase to R7,6 billion, and all provinces spent more than the previous year. This should continue, bolstered by the additional funding announced in the Budget this year. Over the medium-term, provincial capital expenditure is set to grow strongly at an average annual rate of 23 percent and is set to surpass R14 billion by 2003/04. It will thus more than double its 1999/2000 level. During this period, the provincial share of funding for capital expenditure is expected to rise from R3,5 billion in 2000/01 to R7,4 billion expenditures.
Enormous changes have been effected in respect of local government since the period under review. Honourable Members would observe that the section on Local Government has been expanded to four discrete chapters in the Review. The changes were the result of the process of demarcation and the establishment of 284 new municipalities created by the elections last year.
In many respects the lessons of the earlier period will prove extremely important to deliver the quality of democracy which local government must provide, the kind which touches the lives of all of us on a daily basis.
ï¿½ We have advanced substantially with local government transformation, and the fiscal conditions to support developmental municipalities are taking shape.
Transfers are being consolidated to ensure that they effectively support a municipal sphere that serves communities best, and that addresses the needs of the poor.
ï¿½ Powers and functions of district and local municipalities must be clarified soon, to assist planning and budgeting, and to create certainty for investors. Shifting of functions not only entails shifting of funds, but also of personnel. Similar pressures apply when restructuring in sectors such as electricity and water.
ï¿½ The need is to accelerate budget reforms, introduce 3-year budgets and develop more management orientated budget formats. Municipalities must develop credible IDPs that link to their budgets and that take available resources into account.
ï¿½ Public resources for the expansion and improvement of municipal services will always be limited. A key tool to expand service delivery is the development of partnerships with the private sector, either in the form of equity partnerships, where private sector skills are used to improve service delivery, or through responsible municipal borrowing. National government has developed robust regulatory frameworks for both forms of partnerships. The Review notes the successes in equity partnerships that have been achieved, particularly through the work of the Municipal Infrastructure Investment Unit. Municipal borrowing, however, has remained stagnant despite enormous infrastructure backlogs. Apart from INA and the DBSA most institutions are not lending to municipalities. This highlights the importance of providing a stable and predictable environment for both lenders and municipalities themselves.
ï¿½ The commitment to free basic services fits our developmental agenda and policy work is moving ahead to ensure that we get this right. To be successful, municipalities must carefully target those this policy must benefit and focus time and energy managing the implementation. Fiscal constraints require that we first target people who cannot afford to pay for the basic level of essential services. National funding assists local governments through the equitable share and municipal who have no service, and to providing basic services to those who cannot afford to pay.
Cost recovery is central to any sustainable subsidy system. Municipalities must apply tighter credit control to consumers that are able to pay. This not only improves cash flows, but also releases additional funds to subsidise consumers who cannot pay.
Madam Chair, I want to now focus on key lessons from the Review, and what they suggest for the future.
ï¿½ Firstly, there are considerable institutional and management challenges. There is much to be learnt from the provincial experience, both for the provinces themselves and in our approach to the local sphere as it goes through it goes through its final stage of transformation.
Provinces are now enjoying the benefits arising from better management and policy maneuverability, though there is still a deficit of skilled and experienced managers, especially in the middle to lower ranks of management. As we decentralise delivery to districts, hospitals, and so on, we have to increase the number of managers, both higher and middle-level, to effect these changes. A staggering fact that emerges is the imbalance in the distribution of skilled personnel. For example, we find that the per capita number of doctors in poorer provinces is shockingly low compared to Gauteng and the Western Cape.
The same personnel problems affect provinces as they seek to improve their financial management and establish proper internal controls, and implement the PFMA. The challenge is to enhance the culture of service delivery, and to live the principles of Batho Pele. Governments in all spheres must make every effort to attract and retain professional staff and they must look into ways to make all staff more service orientated.
ï¿½ We must continue to align policy choices with spending: In recognising the formidable changes that have taken place, we must sharpen the focus on the outcomes of resource allocation. The Public Finance Management Act is a powerful tool to measure the changes taking place. We have a responsibility to trumpet the successes in financial management by provincial governments because this creates the policy space to drive transformation. At the same time, we must commit to developing new instruments to measure the impact on the lives of intended beneficiaries.
ï¿½ These include, amongst others, the establishment of new institutional structures. Re-demarcation of boundaries created some municipalities that must be built from the ground up, and the need to absorb personnel into new organisations, both as a result of the municipal amalgamations and the re-organisation of the powers and functions of municipalities. As highlighted in the Review, the cost of personnel and benefits has in recent years been the highest cost driver for expenditures at 31%, closely followed by costs to provide bulk services.
The transfer, movement and placement of staff in newly amalgamated municipalities have added upward pressure to equalise on salary and other employer benefits. This issue is possibly the most critical area for consideration and sober discussion. The outcomes of this process will determine whether adequate resources are available for us to expand service deliver to all citizens. Similar pressures aplly to the restructuring of the electricity industry.
ï¿½ A further challenge for municipalities is to increase the aggregate level of capital spending by municipalities. This area continues to present major financial challenges for municipalities and must be addressed through a systematic and comprehensive approach to financial management. Budgets often show clear intent to address backlogs and poverty alleviation, but poor spending capacity often results in these intentions not being realised.
ï¿½ Each government must take full responsibility for exercising its powers - we should not create perverse incentives which reward poor conduct. The fiscal system must have the appropriate incentives to ensure all governments improve their management. We recognise the decision-making power of provincial and local governments, we give them discretion, and thus we make them duly accountable for the services they need to deliver. In fact, the turn-around in provincial finances show the potential for policy maneuverability, which is the outcome of better management.
ï¿½ Affordability is a major issue. The report shows for example that while government has contributed to more than 1,1 million houses built since 1994, and provided many social and basic services, beneficiaries cannot always afford municipal service charges. So, how do we work smarter to reduce the costs and offer people real choices How do we ensure that rapid and sustainable improvements in the quality of life of people, where all the basic needs are met How do we make it affordable for them, and support it in ways that are fiscally sustainable for the sphere of government concerned?
ï¿½ Any decentralisation must be well-considered and properly sequenced. Provinces and municipalities will perform better if duly accountable and empowered and not stretched beyond their capacity. We have made many major changes over the past seven years, to enhance democratic accountability, fiscal sustainability and service delivery. We are no doubt about the need for major change, but the tradeoffs and fiscal implications must be carefully considered. The IGFR gives us a lot of stimulating data and thought to think through these issues, and manage the choices.
Madam chair, the Review is borne of the desire to empower provinces and local governments, and those who deal with them. And it will assist parliament, and the NCOP in particular, in their oversight function.
A government, alive to its responsibilities to build a deep democracy must continually appraise its own performance. It must ask itself the questions that this Review attempts.
ï¿½ Are we giving effect to the requirements of the Constitution Not in a legal-technical sense, but in respect of empowering the various spheres of government to fulfill their respective mandates?
ï¿½ Are our policies adequate to provide democracy, in the form of essential and shared services to our people?
ï¿½ Is governance co-operative Does each sphere of government make the appropriate spending choices Is spending efficient Does it collect revenue optimally Are there unfunded mandates?
ï¿½ What has been the progress towards improving financial management Has an effort been made to equip departments with the appropriate skills to manage financial resources?
ï¿½ Are there measurable improvements in the delivery of goods and services ï¿½ What does the comparative analysis of similar spheres - be they provinces or local authorities teach us Are we making sufficient progress in eliminating backlogs?
These are tough questions with no easy solutions. This is what we offer the National Council of Provinces as a subject for detailed examination. As I have already stated, we invite distinguished members to analyse the report in the finest detail. We wait to be advised on in this House on 23 October in the report to be tabled. This, Honourable Chairperson, is an enormous undertaking in the building of accountable government. Every aspect of the report will be considered by us - the observations of members from their constituencies matters immensely because it is the litmus test of what we observe Let us build the caring democracy that the Constitution entreats us to. Let us undertake this together!
Madam Chair, I submit now to this House the IGFR 2001.
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LONDON, 12 October 2001 --Moody's Investors Service is placing on review for possible upgrade South Africa's Baa3/Ba1/Not Prime foreign currency country ceilings for bonds and deposits, as well as the Republic of South Africa's Baa3 foreign currency and Baa1 local currency debt ratings. The agency said that the South African government's macroeconomic policy track record has been impressive beyond expectations in recent years, particularly in the fiscal policy arena but increasingly in monetary and exchange rate policy as well.
The Baa3 foreign currency country ceiling was first assigned in October 1994, and all the ratings have carried a positive outlook since February 2000.
Moody's points out that the improved fiscal position has permitted cuts in tax rates and increased infrastructure spending that should help stimulate faster economic growth and enhance delivery of urgently-needed social services. The increased diversification of the industrial base, high productivity gains, and a competitive exchange rate have boosted export growth, allowing the current account to remain healthy in spite of the removal of South African trade barriers. As a result, the foreign currency debt-to-GDP ratio has stayed relatively low and external debt service manageable in spite of the continual weakness of the rand.
The acceleration of the privatization program is likely to be delayed over the near term, given the weak global market environment, dashing hopes for complementary direct investment inflows. Still, South Africa's liquidity position has improved steadily, including a steep reduction in the foreign exchange open position as the Reserve Bank refrains from active intervention in the foreign exchange market.
Moody's review will focus on the extent to which the improved policy environment is likely to encourage increased foreign and domestic investment that would expand South Africa's potential for faster job creation and growth and thereby further narrow income inequality. In addition, the agency said that it will analyze projections concerning the impact of HIV/AIDS on the country's social and economic fabric, and the extent to which the government can or will respond to the crisis.
Additional issues to be addressed in the review will be the prospects for improving education and job skills through various public and private programs, as well as efforts to deal with the high crime rate, all of which are crucial in order to enhance the investment environment. Finally, Moody's will discuss with the government and the private sector their views on the future of the political system as the relationship between the ANC partners matures and opposition parties broaden their support.
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Following a due diligence process in South Africa, Moody's, the international rating agency has today upgraded South Africa's long term foreign currency debt rating by one notch from Baa3 to Baa2. The country ceiling for foreign currency bank deposits was upgraded by two notches from Ba1 to Baa2. The sovereign's long-term local currency (Rand) debt rating has been upgraded by two notches from Baa1 to A2.
In addition, the sovereign's ability to repay foreign debt has been upgraded by two notches from Not prime to Prime 2 (i.e., strong ability to repay debt). This represents confidence in the ability of the Republic of South Africa to repay its debt obligations in the face of rampant emerging market defaults and global volatility.
This is a sounding vote of confidence in our economy. This investment rating means that South Africa can attract more investors who are currently buying only investment grade rated debt. It would also contribute to the lowering of the borrowing costs for the government and other South African issuers.
The resilience of the South African economy in the face of global slowdown post 1998 provided support for this improved confidence. After following a prudent macroeconomic strategy for the last five years, the National Treasury is confident that the time has come for the fruits of our toil to be enjoyed. We are now, like never before, in a better position to seize the moment and provide a better life for all.
The consolidation of public sector finances and the debt dynamics?
Stronger foreign liquidity and exports?
South African Reserve Bank's willingness to allow the exchange rate to float; and The ever liquid domestic capital market and a robust and well regulated banking sector?
Moody's is however, still concerned about the country's unemployment and socio-economic divides that have contributed to crime rate and the incidence of HIV infection.
The Government is aware of the challenges facing South Africa and is confident that the necessary structural reforms are in place to ensure an acceleration in social delivery.
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National Government is going ahead with negotiations to finalise a major budget and financial management capacity-building programme for local government. This programme will allow municipalities to tap international expertise to build their budgeting and financial management capacity.
After a series of informal negotiations, national government will be meeting with the World Bank this month to finalise how it can facilitate this programme. The South African Local Government Association (SALGA) has been invited to assist national government in this regard. The National Treasury will lead the national government delegation. The Department of Provincial and Local Government has also been invited to participate in the negotiations.
The agreement with the World Bank, which will probably take the form of a small technical assistance loan, not exceeding $20 million over the next three years, is being carefully crafted to position municipalities to optimise their potential in implementing three year budget frameworks, improved financial reporting systems and to shape their capacity with regard to service delivery. It will assist municipalities to implement the coming Municipal Finance Management Bill when it takes effect later next year.
The core issue is not of finance, but of access to international policy and implementation expertise. The present system of municipal budgeting and financial management is outdated and a great cause for concern. This system undermines efforts to speed up service delivery, attract investment from the private sector and facilitate the overall transformation of municipalities. This technical assistance will entail access to global experience and knowledge provision of municipal budget and financial management specialists to provide long term advisory support to municipalities.
Once the technical negotiations are completed, the Minister of Finance will make a final decision on whether to proceed with the proposed arrangement.
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The Republic of South Africa has once again won the prestigious IFR (International Financing Review, a global capital markets publication) Samurai Bond of the Year award for 2001. The IFR awards have become a benchmark for outstanding performance in the execution of bond transactions. With joint lead managers Daiwa Securities SBMC Europe and Nomura International, South Africa issued a 6-year 2% ¥60bn at a spread of 141 basis points over yen Libor and 147 basis points over the Japanese Government Bond, in July this year.
Size was originally targeted at ¥30bn, but a series of very successful investor meetings in Japan resulted in demand approaching 3 times this amount and in consequence the deal was doubled in size, to ¥60bn to accommodate investors who were committed to South Africa. Despite the aggressive pricing, the deal was sold to a wide range of investors. The joint lead managers reported that approximately 40% of orders came from retail accounts and 60% from institutional accounts in Japan, the rest from Asia and Europe. The 6-year maturity was chosen to fit South Africa's debt maturity profile and to achieve optimum funding levels in Japan by appealing to both retail and institutional accounts.
This is the fourth time that South Africa receives an award for perfect execution of its transactions. In 1999, South Africa won the IFR Emerging Markets Bond of the Year award for Europe, Middle East and Africa for the 7-year 6.75% Euro 500m due April 2006.
We are delighted and grateful to have been honoured by IFR, an internationally recognised publication for this deal, which we believe is testimony to perfect preparation, execution and market reception by both the team at the National Treasury and our lead managers. The coupon achieved is the lowest by any emerging market sovereign issuer in the six-year tenor. This award is a strong vote of confidence in the liability management strategies of the South African government.
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>At least three people have been confirmed to have contracted the Rift Valley fever (RVF), which has affected the Middelburg and Hofmeyer areas.>According to a report from State Veterinarians in the Department of Agriculture and Rural Development, a veterinarian and his assistant who conducted the first post mortem in Middelburg where the outbreak was first confirmed, tested positive with RFV.
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>Seven more human laboratory cases of Rift Valley Fever (RVF) have been confirmed by the National Institute of Communicable Diseases (NICD), increasing the number of infected people to 39.>The RVF which has been confined to two provinces - Free State and Northern Cape - since the first human laboratory case was confirmed on 13 February 2010 has spread to the Eastern Cape province.>Of the 39 cases, 34 are in Free State, three in Eastern Cape and two in Northern Cape.
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>The Western Cape Department of Agriculture today confirmed that Onderstepoort Biological Products (OBP) has significantly increased its Rift Valley fever vaccine production.>It is building up an adequate quantity of inactive RVF vaccine. Currently OBP has more than five million doses of live Rift Valley fever vaccine, but this type of vaccine may cause abortions in pregnant animals.
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>The Department of Agriculture, Forestry and Fisheries dispatched veterinary professionals to manage the outbreak of Rift Valley Fever working in collaboration with the provincial departments of agriculture.>Through the department's Onderstepoort Veterinary Institute, vaccination of livestock in the affected areas was intensified.
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any other court established or recognised by an Act of Parliament, including any court with a status similar to either the High Courts or the magistrates' courts.
Section 20 of the Electoral Commission Act 51 of 1996.
may investigate any allegation of misconduct, incapacity or incompetence of a member of the Commission.
D. PRESIDING OFFICERSD.
Judges' Remuneration and Conditions of Employment Act 88 of 1989 i.r.o.
Section 19(2) of the Electoral Commission Act 51 of 1996 i.r.o.
Section 19(2) of Electoral Commission Act 51 of 1996 i.r.o.
Public Service Act i.r.o.
The purpose of the tables hereunder is to provide a convenient reference to the most relevant provisions regarding the procedural aspects pertaining to the various courts.
It should be noted, however, that the bulk of the criminal procedure applicable in both the High Courts and the magistrates' courts is contained in the Criminal Procedure Act 51 of 1977.
It should also be borne in mind that, in terms of section 171 of the Constitution, all courts function in terms of national legislation and their rules and procedures must be provided for in terms of national legislation.
Sections 159 and 176 of the Labour Relations Act 66 of 1995 - Rules Board for Labour Courts, and the rules made in terms thereof. See also sections 174 - 184 of the Act.
Sections 159 of the Labour Relations Act 66 of 1995 - Rules Board for Labour Courts, and the rules made in terms thereof. See also sections 158 - 166 of the Act.
Section 32 of the Restitution of Land Rights Act 22 of 1994 - President of Court may make rules. See also sections 27 - 38 of the Act.
Section 38(1)(c) of the Competition Act 89 of 1998 - Judge President may make rules for the proceedings of the Court. See also section 38(2) - (5) of the Act.
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Vol. 6 No.
Judge Y Mokgoro, previous Vice-Chairperson of the Commission, has been appointed as the new Chairperson of the Commission; Judge CT Howie has been appointed as a member of the Commission; and Professor I P Maithufi of the University of Pretoria has been appointed as a full-time member of the Commission.
The Commission has recently approved Discussion Paper 96 dealing with a more inquisitorial approach to criminal procedure as part of its investigation into simplification of criminal procedure.
Police questioning of the suspect/accused, its legitimacy, effectiveness and the right to silence and its consequences.
° the different admissibility requirements for admissions and confessions.
Defence disclosure before and during the trial.
° whether the existing provisions with regard to prosecution disclosure are sufficient and, if not, the extent to which amendments would be justified.
A greater role in the criminal justice process by judicial officers. The Discussion Paper considers ways of providing the court with access to the docket; the admissibility of statements contained in the docket; the legal status of the docket; the weight to be given to information contained in the docket; and how judicial officers should use the information in the docket.
Possible ways of enhancing judicial management of trials and case management. It is considered whether provision should be made for pre-trial conferences and, if so, the extent to which legislation is necessary.
In the light of the controversial nature of these issues, the constitutional implications of some of the recommendations and the different views within the project committee on the constitutional implications of some of the recommendations, in particular the permissibility of drawing an adverse inference from the failure of a suspect to disclose information during the course of the police investigation, the Commission has not taken a final position on the issues and proposes that alternative options be considered with the aim to stimulate debate.
Because the issues of police questioning and defence disclosure are interrelated, the question of defence disclosure is discussed with reference to questioning of the suspect in relation to the three separate stages at which the issue might arise: First, from the time that suspicion first falls upon the accused until the time he or she is indicted; second, from the time the accused is indicted until the time he or she is required to plead; and third, during the course of the trial.
The Commission considered the constitutional implications of drawing an adverse inference from silence and submits for comment the conclusion that the Criminal Procedure Act be amended to permit a court to draw an adverse inference from the pre-trial silence of a suspect. In this regard the proposed amendments relate to drawing an inference which may be reasonable and justifiable from an accused's failure to mention certain facts when questioned or charged; from an accused's silence at the trial; from an accused's failure or refusal to account for objects, substances or marks which may implicate the accused in the commission of the offence, found in his or her possession at the time of arrest; and from an accused's failure to account for his or her presence at a particular place which may implicate the accused in the commission of the offence.
At common law suspects and accused persons may be questioned by the police but need not reply and no adverse inference from the exercise of the right to remain silent will be drawn. This common law right to remain silent has been reinforced by sections 35(1)(a) and 35(3)(h) of the Constitution. It is submitted that no change be made to the common-law position concerning the drawing of inferences from silence.
It is recommended that a police code of conduct for the treatment of persons in custody be incorporated in regulations published in terms of the Police Act, and that the South African Police Service take responsibility to develop such regulations.
will not require any such statement to be reduced to writing; and will expressly confer a discretion upon a court to exclude any such statement or conduct which is elicited in substantial breach of the regulations relating to the treatment of persons in custody referred to above.
Section 115 of the Criminal Procedure Act facilitates defence disclosure if the defence chooses to make such disclosure. Generally disclosures are made by unrepresented accused but not by represented accused, who recognise that there is little advantage to the defence in doing so.
The Commission's provisional view is that no legislative intervention is necessary at this stage in relation to defence disclosure after the accused has been indicted and until the time he or she is called upon to plead.
statutory or any other ground of justification, for example provocation, duress or self-defence; and a defence which excludes mens rea.
An accused may not, without leave of the court, raise such a defence unless he has given notice to that effect to the prosecution.
In addition it is contended that an accused may not, without leave of the court, call an expert witness unless the accused, before or during plea proceedings, disclosed the names and addresses of such expert witnesses and copies of the expert reports upon which the defence proposed to rely on at the trial.
The Commission recommends no amendments and is of the view that there is no scope for imposing duties of disclosure upon an accused during the course of the trial which do not already exist at common law and in the rules and practices of cross-examination.
The Commission recommends that the Criminal Procedure Act be amended to allow for the material to which the defence has access from the prosecution docket to be placed before the judicial officer to enable him or her to exercise properly the powers provided for in section 186, but that such information shall not constitute evidence unless and until it becomes admissible in the normal course.
An alternative proposal for comment entails reciprocal defence and prosecution disclosure and a continuing duty on each to disclose additional information. The accused may request the prosecution, before evidence has been led, to disclose any prosecution material to him or her and the court may direct the prosecution to disclose such material. The accused may of his or her own accord, or where the prosecution has complied with such a request or direction, is obliged to, give a written defence statement to the court and the prosecutor which sets out in general terms the nature of the defence and an indication of the matters which are disputed and the reasons therefor. Where the defence has complied with such disclosure there is a duty on the prosecution to disclose additional prosecution material which has not previously been disclosed.
Failure by the defence to disclose, or to disclose within the required time-frame, or when disclosing inconsistent defences or a different defence at the trial, may be taken into account by the court when considering a discharge in terms of section 174 of the Criminal Procedure Act, or when deciding whether the accused is guilty of the offence charged or of an offence which constitutes a competent verdict, and the court may draw such inferences from such failure as may be reasonable and justifiable in the circumstances.
The Commission recommends that section 115 of the Criminal Procedure Act be amended to oblige the presiding officer to inform an accused of the right to silence, the consequences of remaining silent, that he or she is not obliged to make any confession or admission, and to ask the accused whether he or she wishes to make a statement indicating the basis of the defence.
The Commission also recommends that statutory provision be made for pre-trial conferences. In terms of the proposal the presiding officer may on application of the prosecutor or the accused or defence direct the prosecutor and the accused or defence to appear before him or her to consider the identification of issues not in dispute; the possibility of obtaining admissions of fact with the aim to avoid unnecessary evidence; to ensure that sufficient details are disclosed where the defence intends to raise a defence of an alibi; and to consider the necessity of calling expert evidence and such other matters as may aid in the disposal of the trial in the most expeditious and cost effective manner. In such event the court must record in open court the agreements entered into and concessions made.
The closing date for comment on Discussion Paper 96 is 30 June 2001.
The Discussion Paper considers the feasibility of establishing a Victim Compensation Scheme (VCS) in South Africa. An overview of the nature and extent of violent crime in the country is given. This is considered critical to understanding the foundation for such a compensation scheme and for realistically costing the endeavor. The Discussion Paper also briefly documents the economic, physical and psychological impacts of violent crime on its victims and discusses the services currently available to victims.
Debates in respect of compensation are raised and an analysis of the motivations for and against the establishment of a VCS is provided. Strong arguments from a victim-centered and moral perspective are made for establishing a VCS. Some potential benefits for the criminal justice system as a whole are also described. Arguments against establishing a VCS are subsequently outlined. These mainly focus on whether providing compensation, in a context of limited resources, should be prioritised over and above other aspects of victim support. The conclusion from the debates is that compensation, either partial or full, should be seen as a complementary component of victim support, which is vital to ensuring the efficacy of the whole criminal justice system. This makes prioritisation difficult.
An overview of the South African law of damages and existing schemes that offer compensation (i.e. compensation to victims of road accidents, occupational injuries and diseases, and political traumas) is provided. The international experience in compensating victims of crime is also considered and the recovery of compensation from the offender is discussed.
The eligibility criteria for compensation from the State, based on comparative international data, are elucidated and specific parameters applied to foreign compensation schemes, which may be appropriate for inclusion in a South African scheme, are highlighted, including the mandate of these schemes, the type of crimes eligible for compensation, as well as who may qualify to apply to the scheme for compensation. This analysis of the parameters of different compensation schemes is considered the skeleton upon which any legislative framework for a South African compensation scheme would be based.
The findings of an analysis of selected police dockets are reported in order to verify information about certain types of violent crimes and their impact on victims. This information is used to make assumptions when costing a VCS, and for shaping possible policy scenarios. In addition, the docket analysis focuses on the usefulness of police information in adjudicating possible claims for victim compensation. It reveals, among other findings, that current police recording practices provide inadequate data on which to base an assessment of compensability, such as may be required in a VCS. Of particular concern is the fact that a medical report was not completed in over 80% of the cases studied.
The variables that would determine the overall cost of a compensation scheme in South Africa are dealt with on the basis of certain assumptions, taking into consideration the estimated financial impact of various policy permutations and applied eligibility parameters. The Discussion Paper also considers the estimated administrative costs that would be incurred in running a compensation scheme. These, and the costs of different models, vary a great deal (i.e. from incredibly costly to potentially viable in the South African context) depending on the policy parameters used.
Possible funding sources to finance the establishment of a VCS are assessed. Attention is given to the potential of state funding, voluntary sources and the imposition of dedicated taxes. Obstacles that may be encountered in attempting to secure such funding are considered, as are alternative expenditure choices, including the provision of limited and targeted assistance to crime victims in lieu of extensive compensatory support.
The mechanics of administering a victim compensation scheme are briefly defined and some of the administrative processes that would need to be in place if such a scheme were established in South Africa are examined. In particular, steps are detailed which aim to minimise the risks, while maximising the benefits to victims.
The Discussion Paper recommends that a fully-fledged compensation scheme is not possible in the short-term and outlines the preconditions (e.g. reliable police record keeping, sufficient funds, etc.) that would need to exist for such a scheme to be established in South Africa. It is, however, recommended that pilot targeted compensatory assistance be established for certain categories of victims of crime, i.e. disabled crime victims, rape survivors and the dependents of murder victims. In addition, it is recommended that a Victims of Crime Fund be set up and that dedicated taxes on firearm ownership and ammunition purchase, as well as alcohol, be considered as mechanisms for funding pilot targeted compensatory schemes.
Recommendations are also made concerning issues such as witness fees, restitution from offenders, the role of the victim empowerment programme, and the Charter of Victims' Rights. Finally, it is recommended that the development of a compensation scheme should not be dismissed out of hand simply because a full-scale scheme is not feasible in the short-term. The feasibility of the scheme itself should be assessed periodically against a number of suggested criteria and a VCS in South Africa should be developed incrementally.
The closing date for comment on Discussion Paper 97 is 31 July 2001.
The South African media are, in terms of section 12 of the Divorce Act 70 of 1979, prohibited from publishing any particulars of a divorce action or any information which comes to light in the course of such an action other than the names of the parties to a divorce action, the fact that a divorce action between the parties is pending in a court of law, and the judgment or order of the court. The prohibition does not apply to the publication of particulars or information for the purposes of the administration of justice, in a bona fide law report, or for the advancement of or use in a particular profession or science.
However, since the provision does not have extra-territorial operation, the foreign media who are allowed to attend proceedings in courts are unrestricted in their reportage of South African divorce proceedings. Since South African citizens have access to the foreign media and the press, the purpose of the prohibition is defeated.
There are cases of non-compliance with section 12 of the Divorce Act. An important reason why the section is not adhered to is that it is seen as being unconstitutional. South Africa has a Constitution with a Bill of Rights which entrenches, inter alia, the right to freedom of speech, freedom of information and the rights to privacy and dignity. These rights are interactive and have to be balanced.
Since section 12 is a pre-constitutional statutory provision, its constitutionality needs to be considered in terms of these rights. Section 12 gives no discretion to the court to determine whether or in what respects the case should be held in camera or whether media disclosure should be permitted or prohibited.
It seems undesirable that legitimate areas of non-disclosure (such as aspects involving the interests of minor children) should be compromised by non-compliance with the provision, and also that Acts of Parliament should be viewed as unenforceable and open to impingement.
Option one makes provision for the repeal of section 12 of the Divorce Act. One would thus revert to the position prior to the 1979 Act, where there would be no general prohibition on the publication of divorce proceedings. Any person wanting to prevent the publication of divorce proceedings would have to request the court to close the proceedings in terms of section 16 of the Supreme Court Act 59 of 1959.
Should this option be chosen, the importance of self-regulation by the media would have to be stressed. Ethical responsibilities already laid down for the media in codes of conduct assumed voluntarily or required by statute could be developed or expanded upon. The law could, in protecting the privacy of individuals, aim to incorporate what journalists, editors and other media personnel themselves regard as high standards of reporting in order to enhance respect for legal principles.
The second option would make provision for the amendment of section 12 of the Divorce Act so that there would be no general prohibition on publication of proceedings, but in terms of which a court would have the discretion to make an order preventing any person from publishing any particulars of a divorce action or any information or evidence which comes to light in the course of such an action. Such order would not apply for the purposes of the administration of justice, to a bona fide law report or to information published for the advancement of or use in a particular profession or science.
This option would be the amendment of sec 12 of the Divorce Act to allow a court the discretion to make an order to lift the general prohibition on publication and to grant leave to any party to publish any particulars of a divorce or any information or evidence which comes to light in the course of such an action. The court would in exercising its discretion take into consideration the provisions of section 28(2) of the Constitution, which specifically protects the rights of children.
Option four would entail the amendment of section 12 to ensure the anonymity of parties. The facts of the case and court decisions would therefore be published without mentioning the names of the parties, their residential or business addresses, the suburb, town, township or village or any other information which would make it easy to identify the parties. The name of the presiding officer and the court where the case was held could, however, be publicised.
The closing date for comment on Discussion Paper 98 is 8 June 2001.
Computers play an integral part in the functioning of society. They are relied upon to perform functions upon which human life as well as the economic and industrial functioning of society are dependent. There is very serious potential danger if computers performing these functions are interfered with. The Commission therefore proposes that these activities be made subject to criminal sanction.
The activities of obtaining unauthorised access to computer data and software applications and of unauthorised modification of computer data and software applications cannot be dealt with satisfactorily in terms of the present provisions of our criminal law. The introduction of new offences by way of legislation should therefore be considered seriously and it is proposed that a "Computer Misuse Act" be developed for this purpose.
Unauthorised access to applications or data in computer system.
Unauthorised modification of applications or data in computer system.
Development and trafficking in devices or applications primarily used to obtain unauthorised access.
Trafficking in computer passwords.
Interference with use of computer system.
It is also proposed that a Computer Misuse Act make provision for procedural matters such as search and seizure, admissibility of evidence and jurisdiction.
The closing date for comment on Discussion Paper 99 is 2 July 2001.
The Discussion Papers are available on request and are free of charge.
The Commission concludes that the Criminal Procedure Act, because it gives a wide discretion to the prosecution, directly and indirectly, provides for plea agreements. What it does not provide for, however, is sentence agreements. There are studies which show that plea (and even sentence) negotiation takes place in South Africa and performs an important part in our criminal justice system.
There are two types of sentencing agreements: The one is where the prosecution, in exchange for a plea of guilty, undertakes to submit to the court a proposed sentence or agrees not to oppose the proposal of the defence. This type is known in our law. The agreement has no effect on the court and does not require any particular action from the court. The court can ignore the agreement or implement it. If it ignores the agreement, the plea of guilty stands, so does the sentence. The Commission concludes that there is no reason why this procedure should be dealt with by way of legislation. The second type is the case where the accused agrees with the state to plead guilty provided an agreed sentence is imposed and in the Commission's view it is this type of agreement that should be legalised and regulated.
A procedure which provides for sentence agreements will have important advantages for the criminal justice system. A serious problem in the criminal justice system is the backlog in courts and the inability of the Legal Aid Board to finance the defence of the indigent. A system which formalises plea agreements and which makes the outcome of the case more predictable will make it easier for practitioners to allow their clients who are guilty to plead guilty. Protection of the victim against publicity and against having to be subjected to cross-examination has also become a sensitive issue. Plea agreements may limit such exposure. The practice of plea negotiation in South Africa could therefore make an important contribution to the acceleration of the process. Statutory measures are provided to meet legitimate objections so that the procedure could eventually be used to improve the effectiveness of the system of criminal law, while still maintaining established legal principles.
The prosecutor, subject to the directives of the National Director of Public Prosecutions, and an accused may enter into an agreement in respect of a plea of guilty to the offence charged or to an offence of which the accused may be convicted on the charge and an appropriate sentence to be imposed by the court if the accused is convicted of that offence.
The agreement must be reached before the plea.
The agreement must be in writing and must state that, before conclusion of the agreement, the accused has been informed that he or she has the right to be presumed innocent and to put the State to task of proving his or her guilt beyond reasonable doubt; to remain silent and not to testify during the proceedings; and not to be compelled to give self-incriminating evidence.
The agreement must state fully the terms of the agreement, including the substantial facts of the matter, all other facts relevant to the agreed sentence and any admissions made.
The presiding officer must ensure that the agreement was entered into freely and voluntarily and that the plea is in conformity with the facts, which rights have to be explained to the accused before the agreement is concluded.
If an agreement is reached, the sentence agreement is disclosed to the court and once the court is satisfied that the agreed sentence is appropriate the accused is requested to plead.
The court, before convicting the accused, must question the accused to ascertain whether the accused understood his or her rights, that the agreement was entered into freely and voluntarily and that the plea is in conformity with the facts. In other words, a procedure similar to that provided for in section 112 (1) (b) and (2) of the Criminal Procedure Act comes into operation.
If the court accepts the agreement, the accused is found guilty in terms of the plea and the agreed sentence is imposed.
If the court is of the view that it would have imposed a lesser or heavier sentence than the agreed sentence, the court must inform the parties of the lesser or heavier sentence which it considers to be appropriate.
Where the parties have been informed of the lesser or heavier sentence, the prosecutor or the accused, as the case may be, may abide by the agreement or withdraw from the agreement, and in the latter event the trial must proceed de novo before another presiding officer. In such a case the agreement is to be regarded pro non scripto; no admissions contained in the statements are admissible against the accused; the prosecutor and the accused may not enter into a similar agreement and the prosecutor may proceed on any charge against the accused.
The judicial officer may not instigate or take part in any negotiations.
Once a person is convicted and sentenced in terms of an agreement, he or she should not have a right of appeal against sentence. Review would be the proper remedy in the event of undue influence or the like.
The report focuses primarily on those sections which are clearly unconstitutional and which need urgent consideration. The premise is that the Commission should not usurp the function of the Constitutional Court and decide on the constitutionality of those sections of the Criminal Procedure Act which are only arguably unconstitutional. In those instances the Constitutional Court should rather develop the case law step by step. The constitutionality of some other provisions and whether or not they should be amended in the scope of the investigation is, however, also dealt with.
the right to a fair trial, for example, section 213 (proof of written statement by consent); and sections 105, 119, 126, 213 (the unrepresented accused).
Arbitration is increasingly recognized as an important method of resolving commercial and other disputes, which can help to relieve the pressure on the civil justice system. Arbitration needs to be supported by appropriate legislation. The objects of a modern arbitration statute are the fair resolution of disputes by an independent and impartial tribunal without unnecessary delay and expense; party autonomy; balanced powers for the courts; and adequate powers for the arbitral tribunal to conduct the arbitral proceedings effectively. The existing Arbitration Act 42 of 1965 fails to meet these objectives adequately.
The issues have been debated thoroughly. Responses from many interested bodies and individuals have been elicited, and regional workshops have been held. The comments of all parties which felt that they had an interest in this topic or may be affected by the type of measures discussed in this report were scrutinised by the Commission.
The Commission's investigation has revealed that there are three basic options for a new domestic arbitration statute.
The first is to improve the existing statute while retaining its basic provisions. In view of the dramatic improvements to arbitration legislation in other jurisdictions during recent years, notably England, this option does not appear to be practical.
The second is to follow the approach adopted by several other countries and to adopt the UNCITRAL Model Law on International Commercial Arbitration of 1985 for both domestic and international arbitration. In July 1998 the Commission published a report which recommended that the UNCITRAL Model Law should be adopted by South Africa for international commercial arbitrations. However, because of the need, in the context of international arbitration, to keep changes to the content and language of the Model Law to a minimum, this approach also appears to be inappropriate for the needs of a new domestic arbitration statute for South Africa.
The third approach, and that recommended by the Commission in this Report, is to have a new statute combining the best features of the Model Law and the English Arbitration Act of 1996, while retaining certain provisions of the 1965 Act which have worked well in practice. The Commission therefore recommends that the existing Arbitration Act 42 of 1965 should be repealed and replaced with a comprehensive new arbitration statute for domestic arbitration, based on the principles set out below.
It is notorious that the potential advantages claimed for arbitration compared to litigation, as a more expeditious and cost-effective method of resolving disputes, are often not achieved in practice, particularly in complex commercial disputes and in the construction industry. The Commission therefore recommends that a statutory duty should be imposed on the arbitral tribunal to adopt procedures which, while fair, in the particular circumstances of the dispute will avoid unnecessary delay and expense. Increased powers are recommended for the tribunal to enable it to comply with this duty. These powers include the power to rule on its own jurisdiction, the power to depart from the ordinary rules of evidence, the power to decide whether or not there should be an oral hearing, a limited power to order interim measures and security for costs, the power to call witnesses, more effective powers to deal with a party in default and the power to limit recoverable costs. To address the problem posed by multi-party disputes, the Commission recommends that the tribunal should have a limited power to permit a third party to join the arbitral proceedings in certain circumstances. True to the principle of party autonomy the tribunal's statutory powers can be excluded or modified by the parties in their arbitration agreement. They are also subject to the tribunal's statutory duty to conduct the proceedings in a fair and impartial manner.
The Commission recommends that the powers of the court pertaining to arbitration should be reviewed and generally brought into line with the powers of the court under the Model Law, while retaining certain powers of the court in the 1965 Act not found in the Model Law, but in modified form. Particular attention has been given to the need to prevent applications to court being abused by unscrupulous parties intent on delaying the arbitration process. The Draft Bill annexed to the Report also contains certain provisions designed to facilitate the use of mediation by the parties to an arbitration agreement. In the interests of consumer protection, it is recommended that a consumer, as defined in the Draft Bill, who enters into an arbitration agreement relating to future disputes should be able to cancel that arbitration agreement within a specified period.
In view of the procedural safeguards in the Draft Bill and the protection provided by it for consumers, arbitration agreements should be expressly exempted from the legislation recommended in 1998 by the Commission in its Report on Unreasonable Stipulations and the Rectification of Contracts, which will enable the High Court to render unreasonable, unconscionable or oppressive contracts inoperative.
The report follows the South African Law Commission's Report and draft Bill on International Arbitration submitted to the Minister of Justice in July 1998.
The Report deals with harmful (i e unacceptable) sexual behaviour by persons with HIV or AIDS that could transmit HIV or expose others to HIV, current measures available to address such behaviour, and whether there is a need for statutory intervention. The recommendations cover only consensual sexual activity. Transmission of or exposure to HIV can also occur during non-consensual sexual acts such as rape. The need for further measures in the latter regard will be dealt with under the Commission's investigation into sexual offences.
The Commission concluded that the creation of a statutory offence is neither necessary nor desirable and recommended that the current legal position be maintained. The Commission is of the view that arguments against legislative intervention override arguments supporting such step. Moreover, the Commission believes that strong indications from the entire process of research and deliberation (including the distribution of a discussion paper for public comment and a consultative meeting with a wide range of experts, representing diverse interests) weigh against legislative intervention and that recommending new legislation under these circumstances would not be principled.
In concert with this recommendation, the Commission identifies a pivotal need for the development of practical mechanisms by government departments to utilise effectively the existing common law crimes in cases of harmful HIV-related behaviour; and to encourage a culture of responsibility regarding HIV status.
Making the public aware of applicable common law crimes coupled with the assurance that our existing law will indeed be used in respect of harmful HIV-related behaviour.
Introducing practical measures to establish a standard of policing, investigation and prosecution that would ensure successful prosecutions of harmful HIV-related behaviour under the existing law.
Maintaining and improving public health measures relating to awareness about HIV and its prevention, and public access to HIV testing and counselling. Such activities should be aimed at encouraging a culture of responsibility.
Lack of scientific, empirical or even informal evidence that the behaviour to be targeted by intervention is occurring to such an extent that the creation of a statutory offence is necessary.
Enactment of a statutory offence will have no or little practical utility and could be largely symbolic, especially in view of the existence of an array of common law crimes that could be utilised against harmful HIV-related behaviour.
The social costs entailed in creating an offence targeting negligent behaviour (in the form of negligent transmission of or exposure to HIV - which is not covered by existing common law), is not justified. Negligence in the HIV/AIDS context would involve an individual who is not aware that he or she has HIV and in this state of ignorance unknowingly transmits HIV or exposes another to HIV. The Commission is convinced that where the majority of persons in South Africa with HIV are unaware of their HIV status and where there are insufficient resources for the widespread HIV testing that would be required to enable a change of behaviour, it is not just and right that persons who are ignorant of their health status (but ought perhaps ideally to know that they are infected), should be punished. In effect such individuals would be punished for their failure to know their HIV status - which may lie outside their control.
The extent of intrusion into sexual privacy that will be inherent in any HIV-specific statutory offence is not justified.
The Report focuses mainly on whether the provisions contained in the Marriage Act are adequate or whether they should be amended and, in that event, the way in which such amendments should be effected.
The Commission is presently dealing with three interrelated family law themes in separate investigations: the review of the Marriage Act (project 109), Islamic Marriages and Related Matters (project 59) and Domestic Partnerships (project 118). It also finalised its report on Customary Marriages in 1998. It has been suggested that these investigations should first be finalised with a view to ultimately regulating all marriages in one Marriage Act. The Commission is, however, of the view that amendments which are identified in this investigation should be implemented and the Marriage Act consolidated in future to address civil, religious and customary marriages in one Marriage Act.
The Marriage Act should provide for the Minister of Home Affairs to designate countries whose consular or diplomatic officers may conduct marriages in South Africa. The Act should require that neither of the parties contemplating marriage should be a South African citizen, that the marriage should not be void because either of the parties is lawfully married to some other person, that the parties are within a prohibited relationship, or that either of the parties is under marriageable age. The marriage should also be recognised as a valid marriage by the law or custom of the foreign country, and the marriage should be registered in terms of the Act.
The Act should set out the circumstances under which marriages are void and voidable.
The Act should reflect the present position regarding the designation of Commissioners and special justices of the peace as marriage officers.
Ambassadors, High Commissioners and Consuls should, by virtue of their office and as long as they hold such office, be ex officio marriage officers for the area in which they hold office.
The Marriage Act is restrictive in that marriage officers can be designated only for the purpose of conducting marriages according to "Christian, Jewish or Mohammedan rites or the rites of any Indian religion". Provision should be made that any religious organisation or denomination may apply to the Minister of Home Affairs for recognition, and that they may nominate persons for designation by the Minister as marriage officers.
the rites and usages of the marriage ceremony followed by the religious body meet the requirements of South African marriage law; and the religious body is sufficiently established, both in respect of continuity of existence and recognised rites and usages, to warrant the designation of its religious representatives as marriage officers.
Any nomination by a recognised body of a person for designation by the Minister as a marriage officer must set out particulars as to whether the person nominated is a religious representative ordained or appointed according to the rites and usages of the body concerned; and that nominated person is, as a religious representative, recognised by the religious body to which he or she belongs as authorised to conduct marriages according to its rites and usages.
A religious body should state in its nomination for the appointment of a person as a marriage officer that adequate notice of the nomination has been given to its members in order to afford them an opportunity to raise objections.
The Marriage Act provides for the "solemnisation" of marriages. "Conduct a marriage" or "join parties in marriage" are recommended as substitutes.
The Marriage Act should not make provision for the designation of marriage officers other than those presently provided for.
If a religious body changes the name whereby it was known, or amalgamates with any other religious body, or changes its objects, or if there is a material change in its circumstances, it must immediately advise the Minister who may revoke its recognition for any of these reasons.
The grounds for revoking the appointment of a person as a marriage officer should be set out in more detail in the Act.
The Act should provide that any person who is authorised to conduct any marriage in any country outside the Republic of South Africa, may conduct a marriage between parties of whom at least one is a South African citizen and domiciled in the Republic, and such marriage is for all purposes deemed to have been conducted in the Republic.
where one party to the intended marriage is a subject or citizen of the foreign country, that the authorities of that country will not object to the intended marriage being conducted in that country; or that a marriage in the foreign country between the parties in accordance with the law of that country would not be recognised in South Africa.
The provision that a marriage may be conducted by a marriage officer only should remain.
The Act prohibits the joining of parties in marriage without the production of an identity document or the making of the prescribed declaration by the parties. The Act should state that failure to comply strictly with the provision does not affect the validity of the marriage provided that such marriage was in every other respect conducted in accordance with the provisions of the Marriage Act; that there were no other lawful impediments to the marriage; that such marriage was not dissolved or declared invalid by a competent court; and that neither of the parties to such marriage had after such marriage and during the life of the other, lawfully married another.
The party raising objections to a marriage should provide a copy of his or her objection in writing to the parties contemplating marriage at least 24 hours prior to the co0ntemplated marriage being conducted.
The Act prohibits a marriage officer from conducting the marriage of a minor if the required consent is not furnished to him or her in writing. The Act should set out fully what is meant by "legally required consent".
The minimum age for marriage should be 18 years of age for males and females.
The Act should provide that the permission of the Minister of Home Affairs should be sought when parties related by affinity wish to marry provided both parties have reached the age of 18 years. The Act should also clearly set out which marriages between parties closely related are void.
The Act presently prescribes the following places for the conducting of marriage ceremonies: churches, other buildings used for religious services, public places and private dwelling-houses with open doors. There should be no limitations with regard to places where marriages may be conducted.
Provision must be made that a marriage officer who is a minister of religion or a person holding a responsible position in a religious body may follow the marriage formula usually observed by that body, provided that the marriage formula includes the words presently prescribed in the Act (subject to minor proposed amendments).
The Act should provide that a minister of religion or a person holding a responsible position in a religious denomination or organisation may receive such fees or payments as the religious body may from time to time determine for conducting marriages.
South African courts have jurisdiction to try persons who contravene the provisions of the Marriage Act in any country outside the Republic of South Africa. This position should remain.
The Transkei Marriage Act of 1978, the Bophuthatswana Marriage Act of 1980 and the Ciskei Marriage Act of 1988 should be repealed.
The reports will be made available on the Internet at the following site: http://www.law.wits.ac.za/salc/salc.
<fn>GOV-ZA.2001annualscsrreportEn.2012-02-10.en.txt</fn>
Table A3.3.
Table A3.4.
Table A3.5.
Table A3.6.
Table A3.7.
Table A3.8.
2002 326 174 106 124 3 2 736 2004 40,664 6,683 432 150 57 38 48,023 2005 23,837 50,713 7,840 339 169 142 83,040 2008 1 7 480 50,236 96,184 7,229 154,136 2010 0 0 0 12 308 45,522 45,842 post y+1 0.1% 0.1% 0.4% 0.1% 0.2% 0.
These are companies that are active and not dormant.
Agriculture, forestry and fishing 1.6% 1.1% 1.1% 1.2% 1.3% 1.
Chemicals and chemical, rubber and plastic products 3.1% 2.5% 2.2% 2.4% 2.5% 2.
Electricity, gas and water 0.3% 1.0% 1.7% 0.9% 0.6% 0.
Food, drink and tobacco 5.1% 4.6% 3.5% 3.2% 2.3% 2.
Transport equipment 0.2% 0.1% 0.1% 0.1% 0.2% 0.
Agriculture, forestry and fishing -12.6% 29.5% 33.1% 22.0% 0.
Clothing and footwear 21.8% 31.2% -6.5% -7.3% -12.
Educational services 44.8% 41.3% 57.0% 20.3% -6.
Food, drink and tobacco 11.7% 4.5% 6.7% -15.4% -2.
Medical, dental and other health and veterinary services 26.6% 0.7% 7.4% 12.8% -0.
Table A3.2.
Total < 0 taxable income 32.1% 34.9% 35.2% 38.
Total = 0 taxable income 39.1% 32.3% 30.6% 24.
Total > 0 taxable income 28.8% 32.8% 34.2% 36.
Tax year 2006 [101.5% assessed tax as % of provisional tax] 2007[95.0% assessed tax as % of provisional tax] 2008[82.6% assessed tax as % of provisional tax] 2009[34.
<fn>GOV-ZA.2001bcmQolSurveyEn.2012-02-10.en.txt</fn>
The Quality of Life/Needs Assessment Study was a survey sample of 2477 respondents conducted in all 45 wards.
Survey gathered demographic and economic information at the level of the household to investigate the material living conditions within households.
30.8% of respondents interviewed were unemployed, 28% were formally employed.
Within households, the majority of members (45.3%) had completed Grades 8-12, followed by 32.1% of members who had attained an education level between grades 1-7. Percentages include children still at school.
42% of household members were students or children, 21.
On average, African respondents reported higher expenditure than income earned whereas coloured respondents accounted for most of the income through expenses and savings listed. Asians and whites had more disposable income after savings and expenses.
Amongst all population groups, the most common usage of household savings was for emergencies. Funeral expenses was the second most listed use of savings amongst African respondents. Amongst white and Asian respondents saving for retirement featured second whilst amongst coloureds, savings for dwelling purchase was listed as the second most common use.
60.8% of respondents had access to full waterborne flush toilets. 79% of Africans living in traditional areas and 18% of Africans living in informal settlements had basic pit latrines.
70.2% of respondents reported their refuse was removed at least once a week. Traditional African and informal areas were worst off in respect of refuse removal with 88.2% and 23.6% respectively indicating that they disposed of their refuse through the burnt pit method.
Just over half the sample surveyed (56%) had access to piped full pressure water as the main source of water supply. The majority of Africans in traditional areas and informal areas are more likely to rely on standpipes for their water supply ((72.4% and 89.
53% of the sample used electricity for cooking purposes. Paraffin was the most common source of energy for cooking amongst Africans living in informal settlements (92.3%). Those living in traditional settlement areas relied mainly on paraffin or wood.
75.2% of respondents used electricity for lighting. Paraffin was the most frequently used energy source for lighting in informal housing areas (87.
Most respondents who had access to electricity made use of the prepaid card system (77.7%). The majority of whites (87%) paid for their electricity through the conventional meter system.
About a third of all households prioritised an upgrade in water supply, followed by toilets. Highest percentages of respondents wishing for this service upgrade were in the traditional low service and formal home, medium service categories.
With respect to community upgrade service priorities, the provision of health services followed by road surfaces were main priorities. Residents prioritised health services as their main new community service.
The overwhelming majority of respondents with inadequate sanitation and water are dissatisfied with their life as a whole.
With respect to satisfaction with community services, which residents had access to, satisfaction levels seemed to be determined by income and housing type. Residents living in informal low serviced households were dissatisfied with water supply, sanitation, road services and health services.
43% of respondents felt that they would benefit from living in the new Buffalo City. The largest share of respondents (37%) believed that the main benefit that they would derive from the new municipality would be improved employment opportunities.
In April 2001 the Institute of Social and Economic Research (ISER), Rhodes University, East London successfully secured funding for Buffalo City's first ever baseline Quality of Life/Needs Assessment Survey. The findings reflected in this survey-technical report are a first wave of reporting on the dataset.
The content of this report including all cross-tabulations is according to ISER data analysis specifications. The development of the questionnaire for this survey of 2477 residents of Buffalo City was a process driven by ISER. ISER was responsible for the design of the survey sample.
Although this report is designed specifically for the needs of the Buffalo City Municipality, to feed into the preparation of the City's first IDP strategic planning process, it has importance beyond the sphere of urban planning and will be useful across many sectors including: business and industry; tourism; human resources and skills capacity in the city; policing; the health sector and the physical/natural environment.
Findings in this report are currently being translated by ISER into the City's first Easy Reader Publication which is targeted at a wide audience ranging from City Councillors, Planning Officials, the business sector, schools and the ordinary layman interested in Buffalo City and its people. The Easy Reader publication will be published early in 2002 and will form a second wave of reporting.
In a third wave of reporting, ISER intends to publish a Research Report in its Report Series, with further, more detailed analysis of the survey findings. This is a task for 2002.
Indicator research of this magnitude is a team effort requiring the utilization of skills and support across many different fields and disciplines. ISER acknowledges the contribution of the team that made this first publication of the Quality of Life survey findings possible within the tight project time frames.
We owe a special thanks to DRA Development and Urban Strategy -Durban Unicity who worked closely with ISER to produce a highly detailed and professional final product.
Last but not least, thanks to the citizens of Buffalo City who gave of their time to answer our questions.
INTRODUCTION 8 2. RESEARCH METHODOLOGY10 2.1. Definitions used 10 2.2. The sample10 2.3. Survey Procedure11 3. SAMPLE DEMOGRAPHIC PROFILE12 3.1. Household Demographic Profile 12 3.2. Demographic Profile of Respondent14 4. SAMPLE ECONOMIC PROFILE 15 4.1. Income15 4.2. Expenditure 18 4.3. Savings20 5. SURVIVAL STRATEGIES 23 5.1. Unemployment 23 5.2. Work Seeking Strategies 24 5.3. Employment Blockages 25 5.4. Economic Perceptions26 6. HOUSING 27 6.1. Tenure 27 6.2. Housing Satisfaction29 6.3. Housing Subsidy31 6.4. Home Improvements by housing type 32 6.5. Reasons for Improvement by housing type 33 6.6. Reasons no Improvements Made by housing type33 7. HOUSEHOLD SERVICES 34 7.1. Toilet Facilities34 7.2. Refuse Removal 35 7.3. Water Sources36 7.4. Sources of Energy 37 8. HOUSEHOLD NEEDS 41 8.1. Service Upgrade41 8.2. New Services42 8.3. Willingness to Pay for New or Upgraded Services43 8.4. Personal Loans45 9. COMMUNITY NEEDS 46 9.1. Service Upgrade46 9.2. New Services48 10. SERVICE SATISFACTION 49 10.1. Access to Services49 10.2. Satisfaction with Community Services 55 10.3. Usage of Public Amenities 60 10.4. Perceptions of Most Popular Tourist Attractions 61 11. CHILD CARE62 12. PERSONAL WELL BEING 63 12.1. Social Characteristics and Social Integration 75 12.2. Satisfaction with Household Services 77 12.3. Satisfaction With Economic Circumstances 78 12.4. Perceptions on AIDS78 13. EMPLOYMENT, SELF-EMPLOYMENT AND UNEMPLOYMENT 80 13.1. Job Satisfaction by work categories80 13.2. Economic Perceptions by employment status81 14. SPARE TIME ACTIVITIES 83 15. CRIME & PROBLEMS 88 15.1. Incidence of Crime 88 15.2. Perceptions of Safety90 15.3. Perceptions of Serious Problems living in Buffalo City92 16. TRANSPORT 93 16.1. Transport Mode93 16.2. Trip Characteristics by Population93 16.3. Public Transport Spending94 17. PERCEPTIONS OF BUFFALO CITY 95 17.1. Perceived Community Improvements 95 18.
DRA-development was commissioned by the Institute for Social and Economic Research (ISER) of Rhodes University, The Buffalo City Municipality and the Swedish International Development Agency (Sida) to undertake a Quality of Life Survey in Buffalo City.
The information gathered from households in Buffalo City ought to prove invaluable to the Buffalo City Municipality.
The data were analysed in terms of a number of significant variables, including housing types, employment status, population and sex. Other variables were derived by combining a series of variables from the data. ISER in an ongoing exchange with Urban Strategy specified the levels of analysis including household segmentation and the specifications for cross tabulations on key issues. The sampled households were segmented into six segments according to their income and the levels of municipal service provided to these households (water, refuse, sanitation and energy). A scoring system was developed to determine the general level of services each household have accessed. These levels were defined as high, medium and low.
Data were also analysed in terms of housing type. This variable was derived by combining area type and population.
DRA-development undertook a household survey to gather the required quality of life information. The study was designed to be primarily quantitative.
Households were used as the sample unit. Households for the purposes of this study were defined as all persons eating from the same kitchen and who receive their post at the same address. Where two visiting points were located on one plot, a random number grid was used to select the household to be interviewed. Households were allocated a number before the selection process.
A total of 2,477 households were interviewed in this study. They were selected according to the new Demarcation Board assigned wards and population data from the 1996 census. The table below illustrates that the sample was based on the population and housing-type percentage distributions from Census '96.
Percentage Ethnic and Housing Composition, and Sample Distribution.
All 45 wards under the jurisdiction of the new Buffalo City municipality were surveyed. The ward breakdown was provided by ISER.
It should be noted that place names could often not be located on the ward maps. In other cases, the boundaries were not clear. Where there was doubt places were selected that fell indisputably within the wards.
Fieldworkers walked from house to house from a random starting point in the area allocated to them. Households were visited up to three times to ensure an opportunity to participate in the study.
The questionnaire is modelled on the Durban Quality of Life survey and has been adapted for use in Buffalo City by ISER, Sida -Statistics Sweden, Buffalo City Municipality and Durban's Urban Strategy Department. DRA Development contributed to the questionnaire in terms of coding open-ended questions and questionnaire design and layout. Additionally, the University of Michigan's 2001 Detroit Area Study questionnaire was utilized, with the permission of their principle researcher, in the design of Buffalo City QOL questionnaire.
Two pilot study areas were selected to test the questionnaire, which was then amended. The immediate area around the pilot sites (Section C, Duncan Village and KwaSandile close to Chalumna) was not surveyed during the main study. Questionnaires were administered to household participants during face-to-face interviews by trained fieldworkers (including students from Rhodes University) at the homes of these participants.
Interviews took place over a period of four weeks from 18 August to 14 September 2001. Interviews took on average between 35 minutes and an hour to complete.
Household heads or their spouse/partner were asked to volunteer demographic information concerning the age, education levels, and occupational status, amongst others, of all members of the household.
Household respondents were asked to indicate how many household members there are in their households.
The largest reported household had 17 members. Coloured respondents had on average slightly larger households (4.34 members per household) than other population groups.
3.24 members per household.
Formal African 4.
Formal Coloured 4.
Formal White 3.
Formal Asian 3.
Traditional African 4.
Informal African 3.
Households in Traditional African areas are larger than in other areas (4.5 members per household). Formal African households were on average slightly smaller (4.39), followed by Formal Coloured (4.35) areas. Households in Formal White and Asian communities averaged 3.25. The smallest average household size of 3.06 was for informal African areas, possibly because of the size of informal housing and other poverty related issues.
The table below contains information about household ages, sex and population.
Age Group yrs. Male % Female % African % Asian % Col.
Unknown 0.5 0.6 0.4 1.8 1.6 1.1 0.6 0 - 9 16.7 13.0 15.4 8.7 15.2 8.6 14.6 10-19 25.4 22.7 24.5 16.9 22.1 22.0 24.0 20-29 17.4 17.8 18.6 14.6 15.5 10.0 17.5 30-39 14.2 15.1 14.9 10.5 15.5 13.0 14.7 40-49 11.2 12.8 11.1 16.9 11.5 20.2 12.1 50-59 7.0 7.2 6.3 15.1 9.3 10.5 7.1 60+ 7.7 10.9 8.6 15.5 9.3 14.6 9.
Information on a total of 10 014 household members was collected during the survey. Of these 4 541 were males and 5 427 were females, reflecting standard household sex structures across the country. 8 181 people in the sample were classified as African, 219 were Asian, 697 were Coloured and 917 were White. The most common age group was 10-19 (24%) followed by those aged 20-29 years (17.5%), indicating a young population with more than half the sample being under the age of 30 years. Such numbers suggest a substantial demand for employment opportunities in the near future as the population ages.
African 5.4 8.7 34.5 44.5 7.
Asian 0.5 5.5 26.6 58.7 8.
Coloured 4.8 7.8 31.2 50.8 5.
White 3.4 2.6 12.6 45.8 35.
Total 5.0 8.0 32.1 45.3 9.
It should be noted that the figures contained in the above table include children still attending school. Analysis of the information by education and population group suggests that the bulk (45.3%) of the sample have completed Grades 8-12, followed by just under a third (32.1%) who were educated through to grades 1-7. Almost eight percent of the sample were adults without any form of schooling, while five percent have only completed pre-school education. Encouraging is that close to one in ten (9.5%) of the sampled population have completed some form of post-matric education, although this varies significantly between the different population groups.
Occupational status of individual household members by sex and population is contained in the table below.
Employment Status Male % Female % African % Asian % Col.
Employed Formal 28.5 27.6 24.1 53.7 39.9 43.2 28.
Employed informal 6.5 4.3 6.3 1.5 0.7 0 5.
Self employed 6.8 5.0 4.6 3.0 4.3 15.1 5.
Unemployed 30.7 30.9 36.0 16.4 20.3 3.2 30.
Housewife/Unpaid 0.7 6.9 3.3 1.5 10.1 10.4 4.
Pensioner 15.3 17.2 15.4 14.9 20.3 21.9 16.
Student 11.5 8.0 10.2 9.0 4.3 6.1 9.
Of the 2 426 respondents, 28% are employed in the formal sector and there is little difference between male and female respondents in this instance. Almost one-third (30.8%) of the respondents stated that they were unemployed. Employment in the informal sector appears to be quite limited, with only 5.2% of all the respondents indicating that this was their vocation. However, this form of income earning strategy is clearly more important to African respondents when compared to the other population groups. Selfemployment is more common among the White respondents. Close to one-sixth of the respondents indicated that they are 'pensioners'. This particular status is evenly spread across all population groups and sex. Perhaps of most interest is the contrast of the level of unemployment across the different population groups, with 36% of all Africans claiming unemployment status compared with 3.2% of Whites, 16.4% of Asians and 20.3% of Coloureds facing the same predicament.
The survey dealt with several economic questions. The table below provides a breakdown of the economic status of individual household members according to population group.
Student/child 43.9 27.6 39.4 32.8 42.
Unemployed looking 24.3 6.9 15.6 2.6 21.
Unemployed not looking 1.6 3.7 1.1 0.1 1.
Housewife 1.8 2.8 3.3 5.6 2.
Working full time informal 1.6 0 0.6 0.3 1.
Working part time informal 1.7 0.5 0.2 0 1.
Working full time formal 12.3 34.6 20.9 32.3 15.
Working part time formal 1.1 1.4 3.8 1.3 1.
Self-employed 2.4 6.0 2.1 11.2 3.
Pensioner 9.3 16.6 12.9 13.8 10.
A more detailed analysis of the household member's economic status indicates that almost two-fifths (42.2%) of the sample are either students or children. Another one-fifth of household members are classified as unemployed but looking for work. At least 1.5% are unemployed but are not seeking work at this point. One-tenth of the sample are pensioners. African household members form the majority of those unemployed and looking for work. On the other hand, only 12.3% of the African household members are working full time in the formal sector, compared to almost one third of the Asian and White sample respectively.
Respondents were asked to divulge their household income. Due to the sensitive nature of this question, 13.8% of all household respondents refused or indicated that they have none.
Refuse to Answer 8.0 2.9 10.0 14.5 8.
No Income 6.2 0.0 1.3 0.7 5.
The most commonly earned (48.7%) monthly household income is between R1 and R1 500 per month. The majority of those falling into this category are African (56.8%). Only one tenth of the African households indicated that they earned more than R3 500 per month, compared to one-quarter (24.4%) Coloured, half the Asian (57.4%) and almost three-quarters of the White households (73.9%).
Refuse to Answer/ missing 8.0 2.9 10.0 14.5 8.
Less R100 17.5 0 4.4 1.1 14.
Base: Respondents who did not refuse to divulge income A similar trend is observed when establishing per capita income levels. The average per capita income among Africans is R524 per month, R1 833 for Asians, R887 for Coloureds and R3 776 among Whites.
The income per capita for the White population is clustered around the >R2 200 category, compared to the <R400 income bands for Africans and the <R600 income bands for Coloureds. Monthly per capita income is a derived variable, which makes it difficult to differentiate between missing information and those who refused to divulge their income.
Formal home, high service & high income (FHS) 10.
Formal home, high service (FH) 43.
Formal home, medium service (FM) 11.
Informal home, medium service (IM) 5.
Informal home, low service (IL) 14.
Traditional, low service (TL) 14.
The above table indicates that one-tenth (10.7%) of the respondents live in formal housing with high levels of service and high income (FHS). Just over two-fifths (43.1%) live in housing categorised as formal housing with medium income (FH). Slightly more than one in seven respondents (14.2%) live in Informal housing with low service levels (IL) and traditional housing with low service provision (TL) (14.5%) respectively. The balance of the respondents came from formal housing with medium service provision (FM).
Refuse to Answer 0 9.9 6.9 25.9 11.4 3.1 8.7 none 0 4.9 5.4 4.9 8.5 6.1 5.
Analysis of monthly household income by housing and service level indicates that the average household income of those living in the formal housing with high levels of service is R12 532 and all households in this category earn at least R3 500 combined per month. Average household income levels drop substantially when looking at the formal housing high service group, to R1 752 per month. The majority of the population living in this type of housing earn less than R1 500 per month in total. There is a clear pattern of decreasing income levels as one moves towards lower level housing and service provision, with more than three-quarters of the "traditional housing" respondents earning less than R1 500 per month in total. All households occupying informal or traditional housing earn, on average, less than R900 per month.
Household respondents were asked to estimate the amount spent by the household on several given household expenses. The mean amounts are contained in the following tables.
Housing (rent, bond) 185.16 523.49 299.74 1484.29 345.
Education 156.57 200.78 221.89 431.40 192.
Rates 52.17 117.33 359.23 253.76 94.
Water & Electricity 69.44 281.78 210.01 297.18 108.
Paying Back a loan 58.46 54.97 117.20 77.44 64.
Health Care 76.25 267.83 106.42 609.56 142.
Drinking 13.49 35.37 35.29 37.83 18.
Smoking 13.76 46.72 48.24 32.83 18.
Food 722.79 691.19 624.96 1211.21 771.
Transport 132.73 317.37 172.37 524.71 183.
Telephone 37.78 113.51 60.36 237.05 63.
Support of family outside Buffalo City 37.92 8.21 21.70 24.49 34.
Support of other family in Buffalo City 18.64 0.0 17.00 16.61 17.
Entertainment (general) 16.60 21.94 23.16 138.09 30.
Gambling (including Lotto) 5.48 24.81 8.90 26.44 8.
Other important expenses 59.70 2.24 91.25 88.49 63.
Average expenses (Rands) 1651.53 2707.53 2741.52 5498.74 2152.
On average, White households spend eight times more a month on housing than African families. However, families in informal rent-free settlements were included in the mean amount for African families. Asian families pay more for housing than Coloured or African households but only a third of the amount White households spend per month.
A similar trend is observed for rates paid by households. Here the mean amount spent by Coloured households (R359.23) exceeds that for other population groupings. This amount should be viewed with caution. A possible explanation could be that some respondents gave an annual amount. The median (the middle value when the data are arranged in order of magnitude) amount is R70.
The above table could be directly related to the mean disposable income generated by the various population groups and access to services for each population group. "Water and Electricity" and "Rates" for the White and Asian populations should be higher than for African areas as former areas are high service areas. Mean expenditure is better explained when viewed by service levels and housing type as contained in the following table.
Housing (rent, bond) 1781.60 339.13 75.68 11.42 0.14 0.71 345.
Education 495.97 237.27 138.64 68.40 35.72 61.90 189.
Rates 330.26 127.15 38.36 1.35 0.56 94.
Water & Electricity 301.26 147.97 65.79 4.79 6.58 27.46 108.
Paying Back a loan 175.19 84.08 41.44 14.14 12.20 13.36 64.
Health Care 573.06 164.35 51.84 7.22 10.84 25.53 143.
Drinking 42.99 20.37 9.02 11.89 14.11 7.42 18.
Smoking 35.13 20.15 18.13 16.85 14.30 9.66 18.
Food 1174.81 1216.73 372.46 220.84 217.00 271.37 773.
Transport 608.08 191.89 109.57 72.83 69.57 64.19 183.
Telephone 223.22 74.98 31.89 18.31 8.32 10.08 63.
Support of family outside Buffalo City 60.65 40.41 17.38 41.33 35.20 8.60 34.
Support of other family in Buffalo City 29.42 21.56 14.22 11.47 12.09 8.72 17.
Entertainment (general) 147.62 28.40 9.47 11.27 2.03 2.81 30.
Gambling (including Lotto) 29.53 9.11 3.16 7.31 2.20 2.01 8.
Other important expenses 137.60 75.59 52.67 22.20 25.68 34.06 63.
Average expenses (Rands) 6116.77 2839.02 1056.73 516.87 469.58 548.07 2152.
Analysis of monthly household income by housing and service level segmentation indicates that the types of housing and service in an area are significant indicators of expenditure by households. Expenditure on listed items diminish markedly as income, dwelling and service levels drop. Exceptions noted for some expenditure items are drinking, food and family support outside Buffalo City.
Housing (rent, bond) 324.82 312.00 1502.79 531.42 0.71 1.45 346.
Education 235.04 234.86 407.35 203.82 62.07 45.82 189.
Rates 91.33 383.53 256.55 119.10 0.56 0.45 95.
Water & Electricity 109.76 223.52 299.36 285.97 27.40 5.93 108.
Paying Back a loan 93.47 116.58 78.90 55.80 13.40 10.44 63.
Health Care 121.83 113.91 619.22 271.89 25.60 10.02 143.
Drinking 15.98 33.36 38.05 35.91 7.44 12.47 18.
Smoking 14.70 48.19 33.44 47.42 9.69 14.37 18.
Food 1095.77 641.63 1220.97 698.64 271.57 214.15 775.
Transport 181.87 181.54 527.41 321.26 64.09 71.33 184.
Telephone 58.24 64.67 239.08 115.23 10.11 11.47 63.
Support of family outside Buffalo City 47.35 23.22 24.94 8.33 8.63 37.82 34.
Support of other family in Buffalo City 24.64 16.43 16.92 0.00 8.75 11.66 17.
Entertainment (general) 26.22 24.48 138.05 22.27 2.82 4.75 30.
Gambling (including Lotto) 7.45 8.51 26.00 25.19 2.02 3.46 8.
Other important expenses 82.48 97.50 90.13 2.27 34.16 25.24 63.
Average expenses (Rands) 2534.53 2867.96 5528.13 2744.54 548.62 483.55 2158.
The table above provides an even clearer picture of expenditure by housing type. Formal White households spend more on housing (well over the overall mean), education, water and electricity, health care, drinking, food, transport, telephone, entertainment, and gambling than any other group. Formal Coloured households spend more on smoking followed by Asians and then Whites. Formal African households and informal African households spend more on family support outside of Buffalo City.
Respondents were asked to indicate whether they save money after all expenses, excluding investments and pensions.
Unknown 0.
Refuse to Answer 0.
Yes, do save after expenses 17.
No, no savings after expenses 81.
Only 17.1% of households (428) indicated that they save money. The table below provides a breakdown of the purpose of these savings per population group.
None 0.9 0.0 0.0 1.3 0.
Appliances 2.2 0.0 0.0 0.0 1.
Dwelling improvement 2.5 0.0 4.5 2.5 2.
Dwelling purchase 2.5 8.3 13.6 2.5 3.
Dwelling: move to better 2.2 0.0 0.0 0.0 1.
Education 19.6 0.0 4.5 2.5 15.
Emergencies 58.3 66.7 22.7 35.0 52.
Entertainment 1.6 0.0 0.0 6.3 2.
Family Support 2.5 0.0 9.1 1.3 2.
Funerals 26.2 0.0 9.1 1.3 20.
Furniture 2.5 0.0 0.0 1.3 2.
Investment 1.6 8.3 4.5 3.8 2.
Motor vehicle purchase 1.2 0.0 0.0 0.0 0.
Retirement 4.7 16.7 4.5 31.3 9.
Small business development 0.6 0.0 0.0 0.0 0.
Travel 1.2 0.0 9.1 27.5 6.
Accounts 0.3 0.0 0.0 0.0 0.
Donations 0.3 0.0 0.0 0.0. 0.
Clothing 0.3 0.0 0.0 0.0 0.
Refuse to answer 0.0 8.3 27.3 2.5 2.
Average Savings (Rands) 187.83 458.92 118.64 618.51 271.
Savings would mostly be utilised for emergencies by all population groupings. More than half of African and Asian households plan to use their savings in the event of an emergency as opposed to only 35% of Whites and 23% of Coloured households.
None 1.3 0.5 2.3 0.0 1.5 0.0 0.
Appliances 0.0 1.1 0.0 4.3 2.9 2.6 1.
Dwelling improvement 0.0 2.2 2.3 0.0 4.4 7.9 2.
Dwelling purchase 2.6 4.9 2.3 4.3 0.0 2.6 3.
Dwelling: move to better 0.0 2.2 0.0 8.7 0.0 2.6 1.
Education 6.5 17.0 22.7 0.0 16.2 18.4 14.
Emergencies 39.0 49.5 56.8 73.9 67.6 47.4 52.
Entertainment 5.2 1.6 2.3 0.0 1.5 2.6 2.
Family Support 2.6 3.8 0.0 4.3 0.0 2.6 2.
Funerals 1.3 22.0 38.6 17.4 14.7 36.8 19.
Furniture 2.6 1.1 4.5 0.0 1.5 5.3 2.
Investment 2.6 3.3 2.3 0.0 1.5 0.0 2.
Motor vehicle purchase 2.6 0.5 0.0 0.0 0.0 2.6 0.
Retirement 29.9 9.9 4.5 0.0 0.0 0.0 10.
Small business development 1.3 0.5 0.0 0.0 0.0 0.0 0.
Travel 22.1 04.9 2.3 0.0 1.5 0.0 6.
Accounts 0.0 0.0 0.0 0.0 1.5 0.0 0.
Donations 0.0 0.5 0.0 0.0 0.0 0.0 0.
Clothing 0.0 0.0 0.0 0.0 1.5 0.0 0.
Refuse to answer 1.3 3.8 2.3 0.0 0.0 0.0 2.
Average Savings (Rands) 641.91 231.75 197.89 107.48 141.03 134.58 271.
Analysis of monthly household income by segmentation or housing type indicates that respondents across the board save money in case of emergencies. About two-fifths of households in formal medium serviced areas (38.6%) reserve savings for funerals and marginally less households (36.8%) in traditional areas do so. Almost a third of FHS households (29.9%) save money for their retirement.
None 1.1 0.0 1.3 0.0 0.0 1.1 0.
Appliances 1.1 0.0 0.0 0.0 2.6 3.3 1.
Dwelling improvement 1.1 4.5 2.5 0.0 7.9 3.3 2.
Dwelling purchase 3.2 13.6 2.5 9.1 2.6 1.1 3.
Dwelling: move to better 2.1 0.0 0.0 0.0 2.6 2.2 1.
Education 22.6 4.5 2.5 0.0 18.4 12.2 14.
Emergencies 55.3 22.7 35.0 63.6 47.4 68.9 52.
Entertainment 1.6 0.0 6.3 0.0 2.6 1.1 2.
Family Support 3.2 9.1 1.3 0.0 2.6 1.1 2.
Funerals 28.9 9.1 1.3 0.0 36.8 15.6 20.
Furniture 2.6 0.0 1.3 0.0 5.3 1.1 2.
Investment 2.1 4.5 3.8 9.1 0.0 1.1 2.
Motor vehicle purchase 1.6 0.0 0.0 0.0 2.6 0.0 0.
Retirement 7.9 4.5 31.3 18.2 0.0 0.0 10.
Small business development 1.1 0.0 0.0 0.0 0.0 0.0 0.
Travel 1.6 9.1 27.5 0.0 0.0 1.1 6.
Accounts 0.0 0.0 0.0 0.0 0.0 1.1 0.
Donations 0.5 0.0 0.0 0.0 0.0 0.0 0.
Clothing 0.0 0.0 0.0 0.0 0.0 1.1 0.
Refuse to answer 0.0 27.3 2.5 9.1 0.0 0.0 2.
Average (Rands) 224.87 118.64 618.51 499.73 134.58 133.91 272.
Formal African respondents save money for emergencies (55.3%), for funerals (28.9%) and for education (22.6%). Formal Coloured respondents mostly save money for emergencies (22.7%), dwelling purchase (13.9%), funerals, family support and travel (all 9.1% each). Formal White respondents save for emergencies (35.0%), retirement (31.3%) and secondary needs like travelling. Almost two-thirds of Formal Asian households save money for emergencies and 18.2% provide for their retirement. Traditional African households save for emergencies 47.5%), funerals (36.8%) and education (18.4%). Informal African communities save the most for emergencies, namely 68.9%. These emergencies possibly include funerals, yet 15.6% save specifically for funerals and 12.2% for education.
In section 4.1 it was described that many of the households surveyed have no or low income levels. Unemployed household heads or their partners were asked whether they were employed or not and unemployed interviewees were asked how long they had been unemployed for; what strategies they follow to gain employment and what specific blockages they believe exist to employment.
The following tables indicate the time interviewees have been unemployed by sex and population.
Male 17.9 14.7 15.1 10.8 0.2 0.0 14.5 26.
Female 19.1 9.2 13.6 13.2 0.5 0.8 18.0 25.
Total 18.7 11.3 14.1 12.3 0.4 0.5 16.7 26.
Marginally more women have been unemployed for less than three years. More men indicated that they were unemployed for between three and ten years. However, slightly more women have been unemployed for longer than 11 years. More women indicated that they were retired compared with men.
African 20.2 12.0 13.6 11.7 0.3 0.1 15.0 27.
Asian* 12.0 0.0 8.0 8.0 4.0 0.0 36.0 32.
Coloured 15.1 9.6 21.9 16.4 2.7 5.5 16.4 12.
White 6.1 8.7 14.8 14.8 0.9 0.9 30.4 23.
Total 18.7 11.4 14.0 12.2 0.6 0.4 16.7 26.
Within the different population groups, Africans and Asian were more likely to have been unemployed for less than three years. Coloured were more likely than other population groups to have been unemployed for longest periods for between 6-10 years. This was also found for those from the White population group.
Respondents had to indicate which strategies they follow to secure employment. The tables below provide a breakdown of their responses by sex and population.
Refuse to Answer 0.2 0.5 0.
Dept of Labour job centres 10.7 9.3 9.
Reading Newspaper ads 15.0 16.0 15.
Hear about jobs from family/ friends 32.2 34.3 33.
Waiting on roadside 13.8 10.2 11.
Waiting at gates of businesses 3.9 1.8 2.
Not looking for work - pensioner 24.9 29.3 27.
Looking for work from Municipality 0.2 0.0 0.
Follow no strategy 22.3 19.6 20.
There exists no significant difference between the strategies employed by men and women. Most (32 to 34%) hear about jobs from their families or friends, while one-seventh read newspaper ads. About onefifth indicated that they follow no strategy to secure employment.
Refuse to Answer 0.1 0.0 6.0 1.0 0.
Dept of Labour job centres 10.9 9.1 7.5 0.0 9.
Reading Newspaper ads 15.9 13.9 16.4 12.0 15.
Hear about jobs from family/ friends 37.2 13.6 16.4 5.0 33.
Waiting on roadside 2.9 0.0 7.5 2.0 11.
Waiting at gates of businesses 2.9 0.0 0.0 1.0 2.
Not looking for work - pensioner 23.8 40.9 49.3 56.0 27.
Municipality 0.1 0.0 0.0 0.0 0.
Follow no strategy 20.6 27.3 9.0 27.0 20.
More than one-third of African respondents indicated that they hear about jobs from friends and/ or relatives. This strategy is also popular with Asian and Coloured respondents. Searching for jobs advertised in newspapers proves popular with 12 to 16% of respondents from all population groups using this strategy. More than a fifth of respondents across population groupings follow no specific strategy with the clear exception of Coloured respondents. Only nine percent of Coloured respondents indicated that they follow no specific strategy, although Coloured respondents are more likely to seek employment at the side of the road (7.5%).
Respondents believed that several blockages stand in their way to finding employment.
No resources to respond 40.3 35.3 37.
Not enough jobs available 57.9 53.9 55.
Live too far from opportunities 40.3 34.4 36.
Care for households 20.8 24.6 23.
Not enough experience 39.9 40.9 40.
Need further skills training 46.8 46.3 46.
Need higher qualifications 45.8 46.8 46.
More than half of the respondents indicated that the main blockage results from not enough jobs being available. Slightly more males than females (57.9% compared to 53.9%) felt that this is the case. About five percent more males than females remarked that two other blockages apply to them, namely that they do not have the resources (telephones, fax, transport, etc.) to respond to job opportunities and that they feel they live too far from job opportunities. About four percent more females felt that they care for their respective households. However, there is no other significant difference in perspective between male and female respondents.
No resources to respond 41.0 4.1 35.3 2.5 37.
Not enough jobs available 59.8 14.3 60.8 16.3 55.
Live too far from opportunities 40.6 4.1 33.3 2.5 36.
Care for households 23.2 8.2 49.0 15.0 23.
Not enough experience 44.3 4.1 39.2 12.5 40.
Need further skills training 50.6 0.0 47.1 18.8 46.
Need higher qualifications 50.4 4.1 45.1 18.8 46.
African and Coloured perceptions of employment blockages are generally similar, while White and Asian respondents have more similar views on blockages.
Respondents were asked to indicate whether their economic situation has improved compared to a year ago. The tables below reflect their responses.
Male 10.3 38.7 49.6 1.
Female 11.0 34.8 51.5 2.
Total 10.7 36.4 50.8 2.
Both male and female respondents believed that their economic situation has worsened over the past year (49.6% and 51.5% respectively). More than a third of male and female respondents believed that their economic situation remained the same. No significant difference could be noted between the responses of the two sexes.
African 9.0 36.4 53.6 1.
Asian 4.5 70.7 23.9 1.
Coloured 3.8 37.1 42.1 17.
White 27.6 27.9 42.8 1.
More than a quarter of Whites (27.6%) believed that their economic situation has improved over the last year. This is about three times higher than the other population groups. Seven-tenths of Asian respondents believed that the situation has remained the same while more than a half of African respondents believed that their economic situation has worsened. Nine percent that thought it has improved. Two-fifths of Coloured respondents believed that their economic situation has worsened and just over a quarter felt that it has stayed the same. One the whole, half of all respondents believed their economic situation had worsened, just over a third believed it had stayed the same and only one in ten believed it was better.
Male 25.0 16.0 50.1 8.
Female 27.0 17.0 46.2 9.
Total 26.2 16.6 47.7 9.
About a quarter of respondents irrespective of their sex, believe that their economic situation would improve in the next five years. Slightly more females are positive about the future than men are (about 4% more). Most concerning is that overall, just under half of all respondents believed their economic situation in five years time would be worse than it currently is.
African 25.3 17.5 47.5 9.
Asian* 58.2 23.9 16.4 1.
Coloured 27.2 14.5 39.6 18.
White 24.9 10.0 61.2 3.
Total 26.3 16.6 47.7 9.
Almost half of all African respondents felt that their economic situation would worsen in the next five years as opposed to the majority of Asian respondents who believed that their economic situation would improve. Two-fifths of Coloured respondents indicated that they would be worse off in the next five years, but over a quarter felt that they would be better off. Most Whites (61.2%) were convinced that they would be worse off despite the fact that they indicated in the previous question that they are better off this year than one year ago.
Adequate housing is perceived as one of people's basic human rights, yet many South Africans live in want of this right, including in Buffalo City where one-fifth of households interviewed live in informal settlements.
Households were asked to answer several questions regarding their tenure status and housing satisfaction. Their responses are contained in the tables below.
Purchased (fully paid off) 11.9 61.8 46.3 43.5 19.
Purchasing (paying off a bond) 12.2 20.6 18.1 42.4 16.
Acquired via Government Subsidy 9.4 0.0 0.0 5.7 8.
Private rental/ Housing Association 4.4 14.7 15.0 4.9 5.
Public rental 5.2 1.5 11.9 1.1 5.
Sub-tenant 0.7 0.0 2.5 0.0 0.
Rent free 1.4 0.0 3.1 1.1 1.
Informal paying rent 0.3 0.0 0.0 0.0 0.
Informal no rent 23.8 1.5 1.3 0.0 19.
Tribal tenure 27.8 0.0 0.6 1.1 22.
House sitting 0.9 0.0 0.0 0.0 0.
Occupation of vacant dwelling 0.3 0.0 0.0 0.0 0.
Acquired via Gov. subsidy & own contribution 1.7 0.0 1.3 0.4 1.
More than a quarter of African respondents (27.8%) has tribal land tenure and about the same percentage (23.8%) live in informal housing with no rental. Over three-fifths of Asian respondents (61.8%) live in homes that have been fully paid for as opposed to less than half of Coloured (46.3%) and White (43.5%) respondents.
Purchased (fully paid off) 32.6 33.5 8.0 1.4 0.6 0.0 19.
Purchasing (paying off a bond) 51.5 23.3 4.0 1.4 0.0 0.0 16.
Acquired via Government Subsidy 9.5 15.1 4.7 0.7 0.0 0.0 8.
Private rental/ Housing Association 3.4 10.4 2.2 2.8 0.3 0.0 5.
Public rental 0.4 11.0 2.5 0.0 0.0 0.0 5.
Sub-tenant 0.4 0.9 0.7 2.8 0.3 0.0 0.
Rent free 0.8 2.2 1.8 2.1 0.3 0.0 1.
Informal paying rent 0.0 0.1 0.0 1.4 0.3 0.3 0.
Informal no rent 0.0 0.1 4.0 85.3 88.6 7.3 19.
Tribal tenure 0.0 0.0 71.0 0.0 6.8 91.3 22.
House sitting 0.0 0.5 0.7 0.7 1.7 1.1 0.
Occupation of vacant dwelling 0.0 0.0 0.0 1.4 1.1 0.0 0.
Acquired via Gov. subsidy & own contribution 1.5 2.9 0.4 0.0 0.0 0.0 1.
Analysis of monthly household income by segment indicates that half (51.5%) of the FHS-grouping is in the process of paying off their bonds while about one-third has already fully paid off their homes. One tenth acquired their homes via a government subsidy. A third (33.5%) of the FH-grouping has paid off their homes and just under a quarter is paying off their bonds. A further third has either acquired their home via government subsidy, private or public rental.
Seven-tenths of the FM grouping (71%) have homes on tribal land. The majority of the IM-group (85.3%) lives in an informal area with no rental. Marginally more households in the IL-grouping (88.6%) live in the same tenure category. As is expected, over 90% of households in traditional, low service areas (TL) have a tribal tenure.
Purchased (fully paid off) 20.5 49.3 43.5 62.7 0.0 0.8 19.
Purchasing (paying off a bond) 21.2 18.7 42.4 20.9 0.0 0.2 16.
Acquired via Government Subsidy 16.5 0.0 5.8 0.0 0.0 0.2 8.
Private rental/ Housing Association 7.4 13.3 5.0 14.9 0.0 0.2 5.
Public rental 9.2 12.7 1.1 1.5 0.0 0.0 5.
Sub-tenant 1.1 0.7 0.0 0.0 0.0 0.4 0.
Rent free 2.1 3.3 1.1 0.0 0.0 0.8 1.
Informal paying rent 0.1 0.0 0.0 0.0 0.3 0.6 0.
Informal no rent 1.1 0.0 0.0 0.0 7.3 89.0 19.
Tribal tenure 17.4 0.7 0.7 0.0 91.3 5.0 22.
House sitting 0.6 0.0 0.0 0.0 1.1 1.4 0.
Occupation of vacant dwelling 0.0 0.0 0.0 0.0 0.0 1.2 0.
Acquired via Gov. subsidy & own contribution 3.0 1.3 0.4 0.0 0.0 0.0 1.
One-fifth of formal African households have paid off their homes (20.5%), another fifth is in the process of paying off their bonds (21.2%) and just under a fifth acquired a home via a government subsidy (16.5%). Slightly more African formal households (17.4%) live on tribal land. Half of the formal Coloured households (49.3%) have fully paid off their homes. Over two-fifths of formal White respondents (43.5%) have paid off their homes while slightly smaller percentage (42.4%) of households are paying off their bonds. Over three-thirds of formal Asian households (62.7%) have paid off their homes as opposed to one-fifth that is still paying off their homes. The majority of tribal African households (91.3%) have tribal tenure and 89% of informal African households live in informal areas and pay no rental.
Respondents had to indicate how satisfied they were with their current dwelling. The following table contains their responses according to the type of dwelling they occupy.
House on separate stand 0.1 12.9 47.8 9.8 21.9 7.
Traditional dwelling 0.3 12.0 25.7 5.9 30.2 26.
Flat in block* 0.0 22.6 16.1 6.5 45.2 9.
Town, cluster/semidetached 0.0 22.4 37.3 11.9 26.1 2.
Retirement Unit* 0.0 0.0 66.7 0.0 33.3 0.
House/flat/room in backyard* 0.0 18.2 36.4 0.0 36.4 9.
Informal dwelling not in backyard 0.2 2.1 6.5 2.9 33.8 54.
Informal dwelling in backyard* 0.0 5.6 27.8 5.6 38.9 22.
Room/flatlet in main dwelling* 0.0 0.0 100.0 0.0 0.0 0.
Total 0.2 11.2 35.5 7.8 26.1 19.
Over a third of all respondents (35.5%) were satisfied with their dwelling and a further 11.2 % were very satisfied. About the same proportion of respondents were either dissatisfied (26.1%) or very dissatisfied (19.1%). The majority of occupants of dwellings on separate stands, town/ cluster/ semi-detached homes, retirement units, and rooms or flatlets in main dwellings were generally satisfied with their dwellings. Understandably, households living in informal dwellings were not. Almost 90% of these households living in informal dwellings NOT in a backyard indicated that they were either dissatisfied (33.8%) or very dissatisfied (54.4%).
Meets requirements/ standards 41.5 Too small 27.
Have a home/ shelter 18.4 Leaks, cracks, damp, cold, smelly 20.
Good, safe neighbourhood/ Like area 13.0 Lack of Services (electricity, waste removal) 15.
Ownership 9.3 Poor condition/ old 14.
Close to amenities, main road 7.0 Poor design, badly built 12.
Large and spacious 6.6 Insufficient living conditions 11.
Private and Quiet 6.3 Renovations/ maintenance needed 8.
Affordable 3.8 Cannot afford better home 7.
Cannot afford better home 2.8 Other 5.
Grew up here/ familiar 2.7 Bad, unsafe neighbourhood 4.
Good Design/ quality 1.4 Renting - no maintenance or improvements done 2.
Improvements/ Maintenance done 1.
Total 116.5 Total 131.
Over two-fifths of the respondents (41.5%) who were satisfied or very satisfied with their dwellings indicated that their homes meet their requirements. Many were satisfied because 'it could have been worse', namely that they have a home or shelter (18.4%) or that they own their homes (9.3%). Some felt that their homes were in good, safe neighbourhoods (13.0%) or that they were close to amenities (7.0%).
The main complaints from dissatisfied respondents were that their dwellings were too small (27.3%) or leaking, cracked, damp or cold (20.5%). A further 15.3% percent noted that they are dissatisfied because of the low levels of services in their area. Over a quarter indicated that their homes are in poor condition or old (14.6%) or that their homes were badly designed or built (12.5%).
More than 86% of household respondents did not have a Government housing subsidy as indicated in the following table.
Formal African 0.0 21.0 79.
Formal Coloured 0.7 14.0 85.
Formal White 0.0 24.1 75.
Formal Asian 0.0 13.4 86.
Traditional African 0.0 0.6 99.
Informal African 0.0 0.0 100.
Total 0.0 13.6 86.
Those respondents with Government housing subsidies were asked whether they also used savings and/ or a loan for the house. Table below indicates their responses according to their housing type.
Refuse to Answer 0.4 11.1 0.0 0.0 0.0 0.0 0.
Neither savings or Loan 25.5 33.3 9.0 44.4 0.0 0.0 22.
Use of savings 15.6 0.0 37.3 33.3 50.0 0.0 19.
Use of Loan 53.2 27.8 29.9 22.2 50.0 0.0 46.
Savings & Loan 5.2 27.8 23.9 0.0 0.0 0.0 10.
No informal African responses were recorded because none has had access to or utilised Government housing subsidies. Over a half of Formal African households utilised a loan with their government subsidy as opposed to 27.8% Formal Coloured households and 29.9% Formal White households. The base of other housing types is too low to draw accurate statistical relevance. More than a quarter of the Formal White households utilised savings (without a loan) together with the government subsidy.
Formal African 0.0 20.8 79.
Formal Coloured 1.4 11.3 87.
Formal White 0.0 32.5 67.
Formal Asian 0.0 9.1 90.
Traditional African 0.0 0.8 99.
Informal African 0.0 0.4 99.
Total 0.1 14.3 85.
One-fifth of Formal African households (20.8%) received a housing subsidy from their employer and half that percentage (11.3%) of Formal Coloured households and marginally fewer Formal Asian households (9.1%). Almost a quarter of Formal White households (32.5%) received a subsidy from their employers. Almost no traditional African or informal African households received such subsidies (99.2% and 99.6% respectively). The main reason may be the high unemployment figures in these communities.
Household respondents were asked to indicate whether they have made any extensions or improvements to their dwellings.
Formal African 36.9 63.
Formal Coloured 38.7 61.
Formal White 43.9 56.
Formal Asian 14.9 85.
Traditional African 42.6 57.
Informal African 18.4 81.
Total 34.4 65.
Between 37% and 44% of all formal and traditional housing types described in the table above have made improvements to their homes, with the exception of Formal Asian households where only 14.9% have effected improvements. More than three-fifths of informal African households (81.6%) indicated that they made no improvements to their dwellings.
The households where improvements to their dwellings were made were asked to indicate the reasons for these improvements or extensions. Their responses are contained in the table below according to their housing type.
Basic Finish 40.9 14.7 45.1 50.0 8.0 1.3 29.
House was too small 18.5 32.4 12.2 0.0 28.8 66.3 25.
Poor Condition, run down 17.0 29.4 8.5 0.0 27.2 13.8 18.
Extensions 11.9 2.9 24.4 50.0 9.6 13.8 12.
Poor design/ badly built 9.7 0.0 3.7 0.0 8.0 6.3 7.
Other 25.9 35.3 29.3 50.0 28.8 10.0 25.
Two-fifths (40.9%) respondents living in Formal African areas and 45.1% of respondents in Formal White areas considered the improvements as basic finishes. Over a third of respondents in Formal Coloured areas (35.3%) indicated that they had other reasons, but 32.4% commented that their homes were too small. Two-thirds of households in informal African areas indicated that the reason for their improvements was that the house was too small.
Those respondents who made no improvements to their dwellings were asked why they have not done so.
Do not know 0.4 3.6 0.0 1.9 0.0 0.0 0.
Finances are not available 76.5 52.4 48.7 61.1 92.0 86.7 76.
Investing in rural homestead 0.1 0.0 0.7 0.0 0.0 2.1 0.
Physical technical problems with stand/plot/homestead 1.8 0.0 0.0 1.9 0.5 2.4 1.
The house is sufficient 14.1 34.5 42.0 31.5 4.0 8.8 15.
Renting 6.9 8.3 7.3 3.7 1.5 0.8 4.
Lost interest in area 0.1 1.2 0.0 0.0 0.0 0.0 0.
Want to buy another house 0.3 0.0 1.3 0.0 2.0 0.0 0.
The respondents in informal settlements (about 80% of informal African households) gave obvious reasons why they had made no improvements. In three-quarters of all cases respondents stated that lack of financial resources were the main reasons for not having made improvements to their homes. Then next most common response was that they believed the condition of their housing was sufficient. This response was given by 15.9% of respondents.
Respondents were asked to describe the type of toilet facilities, refuse removal method, main water source and energy sources the households have accessed. The following tables in this section describe these by service segment and housing type.
Respondents were asked what type of toilet facilities their households have access to.
None 0.0 0.0 10.1 0.7 29.3 7.5 6.
Full waterborne flush toilet 100.0 98.8 16.7 90.9 0.3 0.3 60.
Septic tank (on site disposal) 0.0 1.2 0.0 2.1 0.0 0.0 0.
Ventilated improved Pit latrine 0.0 0.0 12.0 0.7 0.3 8.1 2.
Basic pit latrine 0.0 0.0 58.0 0.0 25.1 78.8 21.
Communal Toilets 0.0 0.0 0.4 5.6 41.9 0.3 6.
Veld/ Forest/ Bush 0.0 0.0 2.9 0.0 3.1 5.0 1.
The FHS-grouping all have full waterborne flush toilets and 98.8% of the FH-grouping followed by 90.9% of the IM-grouping. Only 16.7% of the FM-grouping have these facilities. The reason for this could be deduced from the next table where only 0.3 percent of traditional households have flush toilets, irrespective of the formality of their dwelling. It is possible that some "semi-urban" communities fall under the FM-category. Over three-quarters of the households in the traditional housing segment (78.8%) make do with basic pit latrines. In addition, over half of the FM-households (58%) use pit latrines as does a quarter of the IL-households. More than two-fifths of the latter grouping (41.9%) have to share communal toilets with their neighbours.
It is important to note that 60.8% overall have access to full waterborne flush toilets, but most of the remainder have less than adequate alternatives, for example, basic pit latrines (21.6%), none (6.5%) and nature (1.5%).
None 2.1 2.7 0.4 0.0 7.6 21.1 6.
Full waterborne flush toilet 79.0 96.0 98.9 100.0 0.3 25.5 60.
Septic tank (on site disposal) 1.2 0.0 0.0 0.0 0.0 0.6 0.
Ventilated improved Pit latrine 3.0 0.0 0.0 0.0 8.1 0.4 2.
Basic pit latrine 14.1 0.7 0.7 0.0 79.0 18.0 21.
Communal Toilets 0.0 0.7 0.0 0.0 0.3 32.1 6.
Veld/ Forest/ Bush 0.7 0.0 0.0 0.0 4.8 2.3 1.
Households in the Formal Coloured, White and Asian communities almost all have access to full waterborne flush toilets. In Formal African households, more than three out of every four households (79.0%) have flush toilets. Unfortunately, the same percentage of traditional African households has to use basic pit latrines. Almost nobody in these communities have flush toilets. The remaining traditional households have to utilise either ventilated pit latrines or 'the bush'.
One-third of informal African households utilise communal toilets (32.1%), a quarter flush toilets and 23.4% no toilets or the bush. The category "none" also refers to holes in the ground and buckets.
The following tables contain a breakdown of household refuse removal type by housing and services segment type.
No refuse removal 0.0 0.0 12.4 0.0 8.0 0.3 2.
Removed at least once/wk by local authority 100.0 99.6 22.3 97.9 53.0 2.5 70.
Removed less often by local authority 0.0 0.3 0.0 0.0 0.3 0.0 0.
Removed from container by local authority 0.0 0.0 0.0 2.1 0.6 1.1 0.
Placed on communal dump - not collected by local authority 0.0 0.0 2.6 0.0 0.9 2.8 0.
Placed on own refuse dump but not collected 0.0 0.1 4.7 0.0 4.6 3.9 1.
Burnt in pit 0.0 0.0 58.0 0.0 32.5 88.2 23.
Put on communal dump and collected 0.0 0.0 0.0 0.0 0.0 1.1 0.
Put in Street 0.0 0.0 0.0 0.0 0.3 0.0 0.
Local authorities remove refuse at least once a week in all FHS households, and in 99.6% of FH houses and 97.9% of IM households. Over half of the IL households and almost a quarter of the FM grouping have access to this service. The most prominent alternative used by the majority of the TL households (88.2%), over half of the FM households (58.0%), and by about one-third of the IL households, is to burn refuse in a pit.
No refuse removal 2.0 5.3 1.1 1.5 0.3 5.8 2.
Removed at least once/wk by local authority 82.2 94.0 97.5 95.5 2.5 65.2 70.
Removed less often by local authority 0.1 0.0 0.7 0.0 0.0 0.2 0.
Removed from container by local authority 0.0 0.0 0.0 0.0 1.1 1.0 0.
Placed on communal dump - not collected by local authority 0.6 0.0 0.0 0.0 2.8 0.6 0.
Placed on own refuse dump but not collected 1.1 0.0 0.0 3.0 3.9 3.3 1.
Burnt in pit 14.1 0.7 0.7 0.0 88.2 23.6 24.
Put on communal dump and collected 0.0 0.0 0.0 0.0 1.1 0.0 0.
Put in Street 0.0 0.0 0.0 0.0 0.0 0.2 0.
Base 1110 150 278 67 356 483 2444 7.3.
Respondents were asked to indicate what their main water source is.
Piped full pressure 97.3 95.2 22.8 21.7 0.0 5.6 56.
Piped from roof tank 2.3 4.5 1.8 2.8 0.3 0.0 2.
Ground tanks next to house 0.0 0.2 0.0 2.1 0.3 1.4 0.
Standpipes 0.0 0.0 65.4 72.0 95.1 72.2 35.
Borehole/ rainwater tank/well 0.4 0.0 0.4 0.0 0.0 2.8 0.
Dam/river/stream/spring 0.0 0.0 5.9 0.0 1.2 16.9 3.
Other (water kiosk, tanker, from nearby house) 0.0 0.1 3.7 1.4 3.2 1.2 1.
The majority of households in the FHS and FH categories have piped water in dwelling from full pressure pipes (97.3% and 95.2% respectively), but less than a quarter of households in the FM and IM categories have access to this (22.8% and 21,7% respectively). None of the IL households and only 5.6% of the TA households have access to piped water from full pressure pipes.
The majority of the remaining respondents get their water supply from street taps (standpipes). It should be noted that 16.9% of the traditional African service segment access water from rivers, dams, springs or streams.
Piped full pressure Piped from roof tank Ground tanks next to house Standpipes Borehole/ rainwater tank/well Dam/river/stream/spring Other (water kiosk, tanker, from nearby house) 78.8 82.4 97.5 100.0 5.6 6.3 56.9 3.2 12.8 1.4 0.0 0.0 0.4 2.5 0.0 1.4 0.0 0.0 1.4 0.6 0.4 15.7 1.4 0.7 0.0 72.4 89.5 35.4 0.1 0.0 0.4 0.0 2.8 0.0 0.5 1.4 0.0 0.0 0.0 16.6 0.8 3.2 0.7 2.1 0.0 0.0 1.2 1.0 1.
All the Formal Asian families and 97.5% of Formal White families interviewed had access to piped full pressure water. Around four-fifths of African (78.8%) and Coloured (82.4%), formal households had access to piped full pressure water. The above table confirms the information contained in the previous table that most of the remaining households have access to standpipes and that over 16% of traditional communities use rivers, dams, streams and springs as their main water source.
Respondent households were asked to identify the main energy source they utilise for cooking and lighting as well as type of electricity supply, if any. Their responses are contained in the tables below.
Electricity 99.6 82.6 33.2 9.8 4.6 9.8 53.
Gas 0.4 2.3 5.8 0.7 2.3 2.2 2.
Paraffin 0.0 14.7 42.0 89.5 92.0 48.6 36.
Wood 0.0 0.3 18.6 0.0 0.9 36.5 7.
Coal 0.0 0.0 0.0 0.0 0.0 2.2 0.
Other 0.0 0.1 0.4 0.0 0.3 0.6 0.
Almost all the FHS households use electricity for cooking with the exception of 0.4 percent who uses gas. More than four-fifths of FH households (82.6%) utilise electricity, 2.3% gas and 14.7% paraffin.
third of the households in the FM-grouping (33.2%) use electricity for cooking, but more than two-fifths utilise paraffin, 18.6% wood and 5.8% gas. The majority of households (89.5%) in the informal, medium serviced areas (IM) and informal, low serviced areas utilise paraffin (89.5% and 92% respectively). Onetenth of the former (9.8%) and 4.6% of the latter segments utilised electricity. Traditional African communities surveyed either use paraffin for cooking (48.5%) or wood (36.5%). One-tenth (9.8%) used electricity for cooking. Only 2.8% of all households utilised gas, coal or other energy means to cook.
Electricity 67.4 96.6 99.3 98.5 9.9 5.0 53.
Gas 3.4 1.3 0.4 1.5 2.3 1.9 2.
Paraffin 24.1 2.0 0.4 0.0 48.5 92.3 36.
Wood 4.9 0.0 0.0 0.0 36.6 0.6 7.
Coal 0.0 0.0 0.0 0.0 2.3 0.0 0.
Other 0.2 0.0 0.0 0.0 0.6 0.2 0.
The majority of formal Coloured, White and Asian households cook with electricity. Less than 4% of these communities, utilise either gas or paraffin to cook. Two-thirds of formal African households uses electricity. Almost a quarter (24.1%) utilises paraffin, 4.9% wood and 3.4% gas. Again, about half of households in traditional areas (48.5%) utilise paraffin and 36.6% wood. Only one-tenth (9.9%) utilise electricity for cooking. Most IB-households (92.3%) utilise paraffin for cooking and only 5% utilise electricity.
Electricity 100.0 95.5 82.8 12.6 12.5 76.2 75.
Gas 0.0 0.6 0.4 0.7 0.9 0.3 0.
Paraffin 0.0 3.8 16.4 86.0 86.0 22.4 24.
Wood 0.0 0.0 0.4 0.0 0.0 0.3 0.
Other 0.0 0.1 0.0 0.7 0.6 0.9 0.
More households utilise electricity for lighting than for cooking. All households in the FHS category and 95.5% of the FH households use electricity for lighting. More than four-fifths of FM households (82.8%) utilise electricity and most of the remaining FM households use paraffin. A similar trend exists for the TA households where 76.2% utilise electricity and 22.4% paraffin. Paraffin is also the most dominant lighting source in the IM and IL categories (both 86% utilisation).
Electricity 91.8 97.3 100.0 100.0 76.1 11.6 75.
Gas 0.5 1.3 0.0 0.0 0.3 0.8 0.
Paraffin 7.7 0.7 0.0 0.0 22.5 87.2 24.
Wood 0.1 0.0 0.0 0.0 0.3 0.0 0.
Other 0.2 0.7 0.0 0.0 0.9 0.4 0.
All formal White and Asian households use electricity for lighting. This may be an indication that these communities prefer cooking with other energy sources like gas, but have full access to electricity. This hypothesis could hold for other communities. In formal African households 91.8% utilise electricity for lighting (as opposed to 67.4% for cooking), and more than three-quarters of households in traditional areas use electricity for lighting (as opposed to 9.9% for cooking). Twice as many households in informal areas use electricity for lighting than they do for cooking (11.6% as opposed to 5%), but the main source for lighting in these areas still remains paraffin.
Yes, have electricity 99.6 97.8 85.4 13.3 12.5 78.7 76.
No electricity 0.4 2.2 14.6 86.7 87.5 21.3 23.
More than three-quarters of households (76.7%) indicated that they do have electricity. It is significant that almost a quarter of all households surveyed in the Buffalo City area (23.3%) live without electricity. Almost all the FHS and FH groupings have electricity, followed by 85.4% of FM and 78.7% of the TA grouping. However, the reverse situation exists in informal settlements where 86.7% and 87.5% of the IM and IL groupings have no electricity.
Electricity - conventional meters 73.8 18.9 8.4 0.0 2.3 1.8 22.
Electricity - prepaid card 26.2 81.1 91.6 100.0 97.7 98.2 77.
Most of the households with electricity (77.8%) have it in the form of a prepaid card system. The remaining households (22.2%) have metered electricity. About a quarter of the FHS households have conventional meters as opposed to 18.9% in FH households. Between 90-100% of households with electricity in other communities have prepaid electricity as opposed to conventional meters.
Yes, have electricity 94.4 98.7 99.6 100.0 78.7 11.8 76.
No electricity 5.6 1.3 0.4 0.0 21.3 88.2 23.
Almost nine out of every ten households in informal areas (88.2%) have no electricity. This is in sharp contrast with other communities who reported 95-100% access to electricity, except the traditional areas where about one-fifth (21.3%) do not have an electrical supply.
Electricity - conventional meters 8.2 30.3 87.0 59.7 1.8 1.8 22.
Electricity - prepaid card 91.8 69.7 13.0 40.3 98.2 98.2 77.
The majority of formal White respondents (87%) and three-fifths of formal Asian households (59.7%) have conventional metered electricity. Of the households with electrical supply in the other communities, the majority utilises predominantly prepaid electricity.
Household respondents were asked what services they would choose if they had opportunities to either upgrade an existing household service or to get access to a service that they currently do not have. The services were toilets, water, refuse removal and electricity.
The table below contains the priorities set by respondents for service upgrades.
A third of all household respondents prioritised an upgrade of their water supply. About a third of the FH group and over a third of the FM group wanted their water supply upgraded. More than a quarter of the informal low serviced grouping (28.6%) prioritised water first. Almost half (47.1%) of the traditional low serviced areas prioritised new water supply. The IM grouping was the exception. More than half of these households (52.5%) prioritised toilets (only 12.5% prioritised water). The table does not include those respondents that indicated that they have no priorities. These were mostly from the FHS grouping where municipal services are perceived to be adequate. The FHS base is too small to be seen as reliable, but 62.8% prioritised refuse removal.
Just under a tenth (9.3%) of the FHS group noted that electricity were their second priority. However, toilets were the second priority of one-tenth to one-fifth of all other respondents, except the IM grouping which made water their second priority. It is safe to assume that those many of the household respondents that did not record water as their first priority felt that it should be their second priority.
Electricity was overall the third priority (11.4%). Almost a quarter of the household respondents in IM and IL made refuse removal their third priority and 14.3% of households in the FM prioritised electricity in third position. Refuse removal was generally placed fourth by 12.3% of respondents.
An analysis of service upgrade priorities by housing type show that 35.6% of formal African households prioritised upgrade of water supply as their first priority followed by almost half of households in traditional African communities. Formal Coloured households (30.4%) and 26.1% of informal African households prioritised toilets. Formal White (50.0%) and 86.5% of formal Asian respondents indicated that refuse removal is a first service upgrade priority.
Upgrade of toilets was the second priority for formal African (17.9%) and traditional (20.0%) communities as well as overall (15.9%). Refuse removal was the third priority for informal African households (22.3%) and electricity for traditional African communities (17.1%). Refuse removal was could be seen as the fourth priority for formal African (14.3%), formal Coloured (6.5%) and traditional African communities (2.4%). As an exception, 1.9% of informal African communities indicated that they prioritised electricity as fourth service upgrade priority.
The following table contains figures pertaining to the priorities for desired new services.
On average, 38.1% of household respondents prioritised toilet facilities as a desired new service. About half of all households categorised in the FHS (50.0%) and FM segments (47.0%) would like adequate sanitation facilities. Two-fifths of the informal medium serviced grouping (39.7%) and traditional low serviced groupings (43.6%) prioritised toilets first, and so did a third of the IL grouping (32.2%). Almost two-fifths of the FH grouping (37.9%) indicated that electricity is their first priority. FHS and FH households generally have electricity supply. The table does not include those respondents that indicated that they have no priorities. These were mostly from the FHS grouping where municipal services are perceived to be adequate. The base for FHS especially is therefore too small (four respondents) to guarantee accuracy.
A quarter of the respondents (25.4%) indicated that water was their second new service priority. It is safe to assume that many of the household respondents that did not record toilets as their first priority put it down as their second priority. Electricity was the third priority for IL category. Overall, refuse removal was the fourth priority.
Two-thirds of formal African respondents (41.3%) made toilets their first priority. The same holds for traditional African (43.8%) and informal African households (34.1%). Access to new water supply was the priority of Formal Coloured (50.0%) and White respondents (66.7%). The base for Formal Coloured, Asian and White, and to a lesser extent African respondents, are too small to generate meaningful statistics. The main reason for the small base is that these communities mostly have access to all services. The second priority noted by one-third (33.6%) of informal African households and just under a quarter (23.5%) of traditional low serviced communities was water.
It follows from section 7 of the report that Informal African households, unlike the other groupings, are severely under serviced. The data in the above table concerning priority three and four are almost meaningless for the other household types. Over one-third of informal African households stated that electricity is their fourth priority.
Respondents were asked to indicate how much they would be willing to pay for a new or upgraded service on average.
Total (Rand) 19.00 26.99 19.71 21.35 18.95 15.13 20.
Total (Rand) 22.82 57.22 16.11 11.28 15.17 19.50 20.
The table above contains the average (mean) amounts residents were willing to pay for the first upgrade or new service priority they identified. Formal high serviced medium income residents were willing to pay more (R26.99) for services than the other housing segments. Formal Coloured respondents were willing to pay more (R57.22) than other housing types.
Respondents were asked to indicate whether they are repaying a personal loan.
Refuse to Answer 0.0 0.0 0.7 0.0 0.
Yes 10.3 10.3 18.4 7.8 10.
No 89.7 89.7 81.0 92.2 89.
Total 100.00 100.0 100.0 100.0 100.
About nine out of ten respondents (89.4%) indicated that they do not have a personal loan, while onetenth indicated that they do. One-tenth of African and Asian respondents indicated that they have personal loans compared to only 7.8% of White respondents. It should be noted that More than 18% of Coloured respondents indicated that they have personal loans. Those with personal loans were asked about the type of loan organisations.
Refuse to Answer 0.0 0.0 3.4 0.0 0.
Do not Know 1.0 0.0 3.4 0.0 1.
Bank 52.6 100.0 55.2 85.0 56.
Micro-lender 33.5 0.0 20.7 10.0 29.
Both 7.7 0.0 6.9 0.0 6.
Employer 3.6 0.0 6.9 0.0 3.
Private Person 0.5 0.0 0.0 0.0 0.
Union 0.0 0.0 3.4 0.0 0.
Other 1.0 0.0 0.0 0.0 1.
More than half of the respondents with personal loans received these from banking institutions. All the Asian respondents with personal loans and 85.0% of White respondents had loans from banking institutions. Just over half of African (52.6%) and Coloured (55.2%), respondents received their loans from banking institutions. Significantly, a third of African respondents with loans and 20% of Coloured respondents (followed by 10% of White respondents) had loans from Micro-lending companies. Less than one-tenth of African (7.7%) and Coloured (6.9%) respondents had loans with both banking and micro-lending institutions.
Respondents were asked to indicate which community services in their area they would like to access or upgrade if they had the opportunity.
The participants were asked to rank community services they would like to see upgraded in their community in order of priority. The results are set out in the tables below by segment and housing type.
Overall, health services were rated as the first general upgrade priority, followed by road surfaces and thirdly street lighting. A quarter of the FHS households (24.3%) wanted pavements upgraded, and 15.2% of FH households wanted police services upgraded. Formal medium serviced households and traditional African households noted education services as their first upgrade priority (31.2% and 41.5% respectively). More than one-third of informal low serviced communities (36.7%) felt roads and road surfaces in their communities need upgrading.
As second community priority, traditional low service areas and formal and informal medium serviced areas wanted road surfaces upgraded. Just less than one-fifth of formal high (14.2%) noted that they would like to see education facilities upgraded as their second priority. More than one-third of the FHS segment (37.2%) indicated they would like public telephones upgraded in their areas.
Street lighting was the third noted priority for about one-third (30.8%) of the formal, high-income high service group. From priority four onwards the sample base becomes quite small.
One-fifth of formal African respondents (19.8%) made health services their first priority. Upgrading the police services is a shared first priority for both formal Coloured (18.2%) and Asian (23.1%) respondents. About one-third of White respondents (30.3%) prioritised pavements in the first place. More than a quarter of the informal African interviewees prioritised road surfaces.
About one-third of formal Asian respondents prioritised storm water drains as the second priority. Over one-third of formal Whites prioritised public telephones in the second position. A quarter of formal Coloured households felt that parks or recreational spaces should take second priority. Formal African households (18.2%) ranked the upgrade of educational facilities as second priority.
Respondents were asked to prioritise new community services needed in their area.
KEY 1. None; 2. Community halls; 3. Crèches; 4. Education facilities; 5. Fire & emergency services; 6. Health services; 8. Libraries; 9. Parks; 10. Pavements; 11. Pension payout points; 12. Police services; 13. Postal services; 14. Public telephones; 15. Road surfaces; 16. Signposting of roads; 17. Sports facilities; 18. Storm water drains; 19. Street lighting; 20. Transport services; 21.
Overall, health services were ranked as the priority, especially by the FM (34.4%), IL (26.5%) and TA (46.6%) groupings. Road surfaces were overall ranked as the second priority. Both the FHS and FH segments selected parks or recreational areas as the top priority new service they would like in their areas. Libraries was also their second ranking preference. The informal medium serviced segment prioritised street lighting. In second ranking priority, IM and IL groupings selected education facilities and FM and TL segments ranked road surfaces.
Formal African households prioritised health services as the first priority and parks as the second priority. Formal Coloured respondents also put health services as the first priority followed by police services, then parks. The base for formal White and Asian respondents are too small to form a distinct opinion. Traditional African households also put health services as the first priority followed by road surfaces, community halls and street lighting. Informal African households prioritised street lighting and education facilities.
Respondents had to complete a list of services and indicate whether they believe they have access to these.
Respondents were asked to indicate which persisted services they have accessed. The percentage with access to services is listed above according to housing type.
Public phones 93.5 84.4 54.9 42.7 34.0 43.6 66.
Postal deliveries 99.2 98.8 42.2 76.2 25.5 19.6 69.
Post office 87.1 79.8 29.1 64.3 34.9 6.4 56.
Police services 93.2 75.8 45.5 91.6 61.4 29.9 66.
Hospital 83.3 71.2 32.5 87.4 60.0 16.8 59.
Clinic 83.7 90.0 52.4 87.4 59.7 42.7 73.
Ambulance 93.5 77.8 46.9 90.2 57.4 26.5 66.
Fire department 89.7 64.5 28.7 73.9 53.0 12.6 54.
New low cost housing 18.3 33.2 13.5 17.7 7.7 0.6 20.
New high cost houses 47.9 30.5 11.3 10.6 5.2 0.3 21.
Water supply 100.0 98.8 93.5 90.1 76.2 86.3 92.
Electricity supply 99.2 98.5 85.1 15.4 16.3 79.9 77.
Street lighting 98.9 91.0 21.5 52.4 16.0 1.1 58.
Road surfaces 99.2 82.8 34.2 79.7 48.9 28.2 66.
Traffic flow 98.1 81.4 49.5 78.3 56.3 41.5 70.
Storm water drains 96.6 65.5 15.3 40.1 10.3 0.8 44.
Signposting of roads 94.3 53.5 16.0 62.2 25.7 0.3 42.
Pedestrian safety 90.1 55.7 30.4 66.4 43.4 24.6 50.
Pavements 90.5 49.0 14.5 52.4 13.4 0 37.
Parks/recreational open space 65.0 25.4 8.4 7.0 1.7 0.8 19.
Sports facilities 64.8 46.0 18.5 68.5 40.3 11.5 40.
Libraries 75.7 53.1 14.5 69.2 38.6 0.3 42.
Public Schools 82.1 94.7 94.9 93.0 79.4 88.8 90.
Community halls 80.2 70.5 49.5 71.3 46.3 30.7 60.
Bus transport 75.5 43.4 27.3 8.4 8.0 15.4 33.
Train service 40.0 25.1 12.7 8.4 21.7 3.4 25.
Mini bus taxis 88.2 96.7 94.2 95.8 91.1 91.6 93.
Refuse removal 98.9 98.9 29.5 97.2 53.7 5.3 70.
Sanitation 99.2 97.6 40.4 81.8 46.6 27.9 73.
Crèches 82.1 85.7 73.8 83.8 65.1 78.8 79.
Pension payout point 32.2 68.4 64.7 83.0 61.4 60.8 62.
Access to services appears to be dependent, to a large extent, on the wealth of the household as well as housing segmentation, as would be expected. Access to public telephones among those living in informal housing and traditional housing developments is relatively low, ranging from 55% to 34%. Overall, slightly more than two-thirds of the respondent households have access to public telephones.
Postal delivery is very low among the informal and traditional developments, with only one-fifth (19.6%) of those in traditional living areas having such a service. Among the formal housing areas, such access is much greater and stands close to 100%. However the formal housing with medium (FM) service levels are poorly serviced in this particular area, with under half (42.2%) of the respondents indicating that they have postal deliveries.
Post office service are slightly more limited, with just over half (56.9%) of all respondents having ready access to such a service. This is especially the case in the traditional housing areas (6.4%).
Essential policing service are again inadequate in traditional housing areas (29.9%) as well as in the formal housing, medium service (45.5%) segments. Such services are good in the formal, high service segment (93.2%) as well as the informal, medium service (91.6%) segment.
Access to hospital care is poor in the traditional segment (16.8%) and the informal medium areas (32.5%). This however improves when looking at clinic accessibility, although the traditional and forma medium areas are still under serviced, with 50% or fewer respondents indicating that clinics are accessible for them. Similar patterns are evident in terms of ambulance service and fire department accessibility. In this instance, only 12.6% of those in the traditional segment indicated that they have access to the fire department.
Access to new low cost housing does not reach those who are most likely to require and benefit from it. Only a handful (0.6%) of those living in traditional housing believe low cost housing is accessible and this is only marginally higher for those living in informal, low service housing segments (7.7%). Overall onefifth of the respondents stated that low cost housing is accessible and this is only due to the bias introduced by the formal housing segment respondents claiming to have higher levels of access to such developments. The percentage of respondents who believe they have access to new high cost housing is much the same, again this is largely due to the formal housing segment respondents.
Water supply appears to be good in all areas, although one-quarter (23.8%) of the respondents from the informal, low serviced segment and 13.7% of those in traditional housing are still without an easily accessible water supply. In contrast, access to electricity supply is very low among the informal- medium and informal- low segments (15.4% and 16.3% respectively). Surprisingly those living in traditional housing segments are well serviced in this particular department (79.9%).
Although more than four-fifths of the respondents in the formal, medium category have access to an electricity supply, the street lighting in these areas are seen to be very poor, with only one-fifth stating that this is accessible (21.5%). On the other hand, half (52.4%) those living in informal, low serviced housing claim that street lighting is accessible, although private electrification is very low. For those in traditional housing segments, street lighting is seen to be almost non-existent (1.1%).
Road surfacing appears to be good in the FHS and FH (99.2% and 82.8% respectively) areas but poor in the FM (34.2%) and Informal (48.9%) and traditional (28.2%) segments. Overall, road surface accessibility stands at two-thirds of the sampled population. Access to traffic flow follows a similar pattern although overall this is slightly higher and stands at 70.0%.
Storm water drains are most prevalent in the FHS areas (96.6%) and almost non-existent in the traditional housing segments (0.8%). Those living in the FM and IL areas also reported very low prevalence (15.3% and 10.3% respectively) of storm water drains.
Signposting of roads is reportedly almost non-existent in traditional living segments and poor in FM areas (16%) and informal (IL) areas (25.7%). Overall, two-thirds of the respondents (44.4%) have access to such road sign posting.
The ability to access safe pedestrian facilities or infrastructure is limited for the respondents, particularly in the FH (53.5%), FM (30.4%), IL (43.4%) and TL (24.6%). By contrast, those living in the wealthier FHS areas have good access to such a service (90.1%). Similarly, pavements are apparently adequate for those in the FHS (90.5%) areas, while those in the TL areas do not have access to any pavements at all. Only 14% - 15% of those living in the FM and IL segments have access to pavements.
Outside the FHS areas, parks and recreational open spaces are extremely limited and less than one in five respondents claimed these facilities were accessible. Almost two-fifths (40.4%) of the respondents claimed to have access to sports facilities. Again, those living in the TL (11.5%) and FM (18.5%) areas have the least access to such facilities.
Access to libraries is even more limited in these particular areas, while those living in the IM areas also have limited access (38.6%) to library facilities. Only two-fifths (42.4%) of the public have access to libraries overall. Fortunately, access to public schooling makes up for this lack of access to educational materials somewhat. Overall, nine-tenths of the sampled population have access to public schools.
Community halls are most accessible for those living in the FHS (80.2%), IM (71.3%) and FH (70.5%) areas. By contrast only one-third (30.7%) of those in the TL areas and less than half of those in the FM and IL areas have access to a community hall.
Bus transportation is limited for those living in all areas except for the FHS, despite those areas having the greatest need for cheaper transportation services. Overall, train services are deemed largely inaccessible, making mini bus taxi transport the only option available for the majority of the respondents. Fortunately, access to such services is high across all groups.
Refuse removal services are most accessible in both FHS and FH areas (98.9% respectively), followed closely by the IM areas (97.2%). Far behind are the IL (53.7%) areas. Followed by the FM area (29.5%). Lastly, the TL areas have virtually no refuse removal service (5.3%).
Sanitation access is highest in the FHS and FH housing segments, followed closely by the informal medium service areas. Sanitation provision is worst in the FM and TL areas, where only one-quarter of the respondents indicated that they had access to sanitation.
Close to four-fifths of all respondents stated that crèche facilities are accessible, indicating adequate childcare facilities across all areas. At the other end of the spectrum, pension payout points were most accessible in the Informal Medium service (IM) area (83.0%) and lowest in the formal, high service housing segment (32.2%), where such services are least required.
Public phones 75.0 86.6 97.5 97.0 43.7 35.5 66.
Postal deliveries 85.0 96.6 99.3 100.0 19.6 39.5 69.
Post office 65.6 73.2 92.4 98.5 6.4 42.7 56.
Police services 66.7 67.8 97.8 97.0 29.7 70.3 66.
Hospital 58.4 74.5 87.4 98.5 16.5 67.8 59.
Clinic 80.8 78.5 87.7 97.0 42.6 67.8 73.
Ambulance 66.8 82.6 98.2 100.0 26.3 66.4 66.
Fire department 50.3 75.2 96.4 97.0 12.3 58.5 54.
New low cost housing 26.5 67.6 14.1 7.5 0.6 9.2 19.
New high cost houses 23.5 57.9 46.6 10.4 0.3 5.2 20.
Water supply 97.8 98.0 98.6 100.0 86.6 80.4 92.
Electricity supply 95.2 98.7 98.6 100.0 79.8 15.2 77.
Street lighting 72.2 98.7 98.9 98.5 1.1 25.1 57.
Road surfaces 67.4 98.0 99.3 100.0 28.3 56.8 66.
Traffic flow 69.7 97.3 98.9 100.0 41.6 62.2 70.
Storm water drains 45.9 96.6 98.6 98.5 0.8 17.7 44.
Signposting of roads 34.6 93.3 98.2 98.5 0.3 35.5 42.
Pedestrian safety 39.9 87.9 98.6 98.5 24.7 49.4 50.
Pavements 30.6 87.9 94.9 94.6 100.0 0 23.
Parks/recreational open space 10.5 51.7 74.1 97.0 0.8 2.5 19.
Sports facilities 30.5 69.8 73.2 98.5 11.5 47.5 40.
Libraries 33.8 85.9 85.3 97.0 0.3 46.3 42.
Public Schools 92.4 97.3 89.9 97.0 88.8 83.0 90.
Community halls 59.3 91.3 85.9 97.0 30.8 52.7 59.
Bus transport 35.5 34.9 81.2 95.5 15.4 8.1 33.
Train service 26.9 26.2 53.3 43.3 3.4 18.0 25.
Mini bus taxis 96.6 96.6 86.6 97.0 91.6 92.5 93.
Refuse removal 81.7 99.3 98.2 100.0 5.3 65.8 70.
Sanitation 83.4 96.6 98.9 100.0 28.0 55.8 72.
Crèches 80.5 86.6 87.8 98.5 78.7 70.1 79.
Pension payout point 64.7 83.8 30.0 97.0 60.7 67.1 62.
African (TB) and informal African (IB) areas. Less than one-fifth (19.6%) of the TB respondents indicated that they had access to postal deliveries while even fewer (6.4%) had access to a post office. The formal Asian respondents were the best serviced in the communications and postal service departments.
Policing service accessibility was by far lowest in the traditional African areas at less than 30%, compared to well serviced Asian and White areas, where more than 97% of the respondents stated that they had accessible policing services.
Health and ambulance services, according to the respondents, are least accessible for those living in the traditional African housing segment. Again, both the formal White and Asian areas have the greatest access to such health care facilities.
Similar patterns are evident when looking at accessibility to the fire department with almost all formal White and formal Asian respondents stating that such services were accessible. In contrast, only 12.3% of those living in the traditional African segment deemed this service accessible.
Far more formal Coloured (67.6%) respondents stated that low cost housing was accessible compared to formal African (26.5%), formal White (14.1%), informal African (9.2%), formal White (7.5%) and lastly traditional African (0.6%). This suggests that the low cost housing schemes are not seen as delivering for those who need such development most.
More than half (57.9%) of the formal Coloured respondents indicated that new high costs housing development was accessible compared to 46.6% of the formal White respondents. Less than onequarter of the formal African (23.5%) indicated the same.
Of those living in what is termed informal African areas, almost one-fifth do not have access to a water supply, whilst all other areas have high accessibility levels. High levels of accessibility to electricity supplies were also reported in all areas except in the traditional African 79.8% and only 15.2% in the informal African areas. Respondents from both the traditional African and informal African areas indicated that street lighting was inaccessible, with the traditional African being the worst off.
Access to road surfaces in formal Coloured, White and Asian housing segments are all very good. However almost one-third of the formal African respondents stated that the road surfaces were not accessible. Even fewer informal African residents (56.8%) and traditional African residents (28.3%) indicated that road surfaces were accessible. However, all indicated much higher levels of traffic flow access, although the traditional African respondents still indicated a lag in this respect.
Storm water drains are almost non existent in the traditional African areas (0.8%) and highly inaccessible in the informal African areas (17.7%). Formal African areas also appear to lack adequate access to storm water drains (45.9%). Similar patterns are observed when examining the adequacy of signposted roads.
Pedestrian safety is believed to be adequate in formal Coloured, White and Asian areas while inadequate in the African living areas, regardless of formal or informal status, although the traditional areas are the worst off.
There is a clear lack of accessible park or recreational open areas in the formal African (10.5%), traditional African (0.8%) and informal African (2.5%) housing segments. The formal Asian segment exhibits easily accessible recreational areas, followed by the formal White areas (74.1%). Only half of the respondents (51.7%) in the formal Coloured segment indicated that recreational areas were accessible. Similarly, sporting facilities were clearly inaccessible in the traditional African segments (11.5%) and the formal African segment (30.5%). In this instance the informal African segment fared slightly better (47.5%). Although they do not have as accessible sporting facilities compared with the Asian, Coloured and White areas.
There is inadequate access to library facilities in the formal African (33.8%) segment, while the traditional African segment respondents have virtually no library access at all. Fortunately, access to public schools is far better, although 17% of the respondents in the informal African segment stated that access was not available. The traditional African areas reported inadequate access to community halls, while only half those in the informal African and formal African segment had access to such a facility.
Only those respondents from the formal White and Asian segments claimed to have high levels of access to bus transport. Approximately one-third of the formal Coloured and African respondents stated that bus transport was accessible, while even fewer respondents from the traditional African (15.4%) and informal African (8.1%) thought the same.
Overall access to train transport was low at 25.1% of the respondents. However, accessibility was most limited for the traditional African (3.4%) and informal African (18%) housing segment respondents, who arguably need affordable transportation the most. Conversely, accessible taxi transportation was available to all the respondents regardless of housing segment.
Refuse removal services were accessible for all the respondents bar those from the traditional African segment (5.3%). Similarly, sanitation access was high for all groups except for the traditional African (28%) segment and half of the informal African segment respondents. Crèche facility accessibility is high across all areas, although informal African residents could do with an improvement in this department. Almost two-thirds of all the respondents claimed to have access to pension payout points. Accessibility was highest in the formal Asian segment (97%) and lowest in the formal White segment (30%).
Respondents were asked how satisfied they were with the services they are able to access.
Public phones 66.8 71.6 65.8 67.2 51.7 53.2 67.
Postal deliveries 91.6 92.6 76.1 44.0 51.6 60.0 84.
Post office 87.0 89.0 82.7 42.4 39.0 87.0 80.
Police services 76.0 62.1 55.6 27.5 30.1 48.6 55.
Hospital 75.0 62.3 51.6 32.8 28.4 56.7 55.
Clinic 72.4 64.5 66.9 40.8 48.1 58.8 61.
Ambulance 75.3 57.2 48.5 24.8 30.7 42.1 52.
Fire department 76.8 64.3 51.3 29.5 35.8 37.8 58.
New low cost housing 32.7 59.1 47.4 57.7 72.2 0.0 52.
New high cost houses 66.4 63.2 60.6 62.5 15.0 0.0 61.
Water supply 92.0 92.0 66.7 34.9 35.1 55.3 74.
Electricity supply 93.1 87.3 82.6 72.7 64.4 82.5 86.
Street lighting 86.6 76.8 80.0 40.0 36.8 75.0 75.
Road surfaces 85.1 64.1 44.2 17.5 10.5 11.9 54.
Traffic flow 84.2 84.2 81.8 33.0 08.9 68.5 74.
Storm water drains 86.7 67.6 74.4 15.5 10.8 50.0 67.
Signposting of roads 86.3 76.9 68.9 21.3 8.8 0.0 68.
Pedestrian safety 87.4 75.3 69.8 17.9 21.6 76.4 66.
Pavements 79.1 70.6 70.7 21.3 20.8 0.0 66.
Parks/recreational open space 80.8 59.6 66.7 20.0 14.3 75.0 66.
Sports facilities 78.5 63.7 42.3 27.6 26.8 38.1 55.
Libraries 87.0 72.1 65.9 49.5 52.2 0.0 69.
Public Schools 89.4 80.6 67.6 52.6 50.9 61.0 71.
Community halls 84.0 78.8 67.9 49.0 59.5 71.8 73.
Bus transport 54.5 66.4 69.7 66.7 31.0 83.6 63.
Train service 72.2 71.5 72.2 83.3 48.1 69.2 69.
Mini bus taxis 74.2 82.6 72.3 51.1 65.0 64.9 73.
Refuse removal 80.1 86.4 82.9 47.5 60.3 73.7 79.
Sanitation 89.3 85.7 63.4 24.8 28.0 33.0 72.
Crèches 86.2 73.1 66.2 33.3 46.3 61.0 66.
Pension payout point 32.6 62.2 62.6 35.3 50.5 47.7 54.
The table above provides a breakdown of their percentage of satisfaction according to their housing and service segments. Overall, the Formal High income, high service segment is satisfied with most of the proposed services. Satisfaction levels between 72% and 93% were recorded. However, dissatisfaction levels of 67% were recorded for two services namely new low cost housing and pension payout points. Just over half of this group (54.5%) was satisfied with bus services, possibly because many of these households have access to private transport.
Households in the formal housing high service areas recorded marginally smaller satisfaction levels, but over half of all these households were satisfied with all the listed services. The lowest recorded service satisfaction levels were for Ambulance services (57.2% satisfaction levels), new low cost housing (59.1%) and parks or recreational open spaces (59.6%).
Formal medium serviced households were generally less satisfied, than their higher serviced counterparts, but only four services cause less than fifty percent satisfaction rates. These were Ambulance services (48.5%), new low cost housing (47.4%), road surfaces (44.2%), and sports facilities (42.3%).
Informal medium serviced areas were generally dissatisfied with the majority of services. However, more than half the respondents indicated that they were satisfied with public telephones (67.2%), new low cost (57.7%) and high cost (62.5%) housing. The majority was also satisfied with their access to electricity supply (72.7%), public schools (52.6%), bus (66.7%) and train (83.3%) services, and mini bus taxi's (51.1%).
Informal low service areas, overall, were satisfied with a greater number of services than the medium serviced informal households. More than half the respondents were satisfied with public telephones, postal deliveries, new low cost housing, electricity, libraries, public schools, community halls, mini bus taxi's, refuse removal and pension payout points.
Traditional low serviced areas recorded no satisfaction with a number of services they do not have access to such as libraries, pavements, etc. as discussed above. They recorded very low satisfaction levels specifically concerning road surfaces (11.9% satisfaction rate), ambulance and fire services, sports facilities and sanitation (all between 33.5 and 43%).
Public phones 72.4 50.8 68.3 84.6 53.2 58.1 67.
Postal deliveries 90.5 89.7 92.8 95.5 60.0 45.3 84.
Post office 87.5 80.9 91.4 93.9 87.0 38.2 80.
Police services 58.5 56.9 76.1 92.3 49.1 28.2 55.
Hospital 58.8 63.4 70.4 92.4 57.6 29.9 56.
Clinic 61.7 74.6 70.1 95.4 59.2 44.8 61.
Ambulance 51.7 62.1 74.7 88.1 42.6 28.0 52.
Fire department 58.5 88.5 71.6 72.3 38.6 33.2 58.
New low cost housing 54.9 65.7 37.5 0.0 0.0 27.7 52.
New high cost houses 61.7 61.8 71.5 28.6 0.0 21.4 61.
Water supply 85.6 91.8 91.8 93.1 55.3 33.7 74.
Electricity supply 84.3 92.6 96.0 94.0 82.8 64.0 86.
Street lighting 75.7 78.4 84.7 95.5 75.0 33.6 75.
Road surfaces 57.3 72.8 84.1 94.0 11.9 10.9 54.
Traffic flow 85.1 82.9 78.5 95.5 68.5 34.9 74.
Storm water drains 67.5 64.8 83.2 87.9 50.0 9.2 67.
Signposting of roads 70.5 86.4 85.0 90.9 0.0 11.6 67.
Pedestrian safety 69.6 80.3 86.5 93.9 76.4 18.0 66.
Pavements 69.0 77.3 76.4 73.1 0.0 17.2 66.
Parks/recreational open space 63.0 43.6 76.7 76.9 75.0 15.4 66.
Sports facilities 60.0 61.9 81.4 53.0 38.1 24.8 55.
Libraries 65.3 81.4 90.7 67.7 0.0 49.1 69.
Public Schools 75.0 88.4 89.2 95.4 61.2 50.4 71.
Community halls 76.1 83.9 80.8 81.5 71.8 53.7 73.
Bus transport 69.8 62.3 49.1 76.6 83.6 40.0 63.
Train service 80.1 57.5 68.5 20.7 69.2 53.4 69.
Mini bus taxis 81.8 74.5 69.7 89.2 65.1 60.0 73.
Refuse removal 86.6 79.9 86.8 68.7 73.7 53.5 79.
Sanitation 81.0 85.5 94.2 92.5 33.0 24.4 72.
Crèches 69.0 86.9 84.4 81.8 61.2 40.4 66.
Pension payout point 60.7 69.0 43.7 50.8 47.9 44.0 54.
Over half of all formal African households were satisfied with all services. The lowest recorded satisfaction levels were for ambulance services (51.7%) and new low cost housing (54.9%).
Over half of the formal Coloured respondents indicated that they were satisfied with all the services except where only 43.6% were satisfied with their access to parks and recreational open spaces. In addition, only 50.8% were satisfied with public telephones, 56.9% with police services and 57.5% with were satisfied with train services. Other services had more than sixty percent satisfaction rates.
Formal Asian respondents just like formal White respondents, recorded exceptionally high satisfaction rates. Formal White respondents were generally dissatisfied with new low cost housing (37.5%), bus transport (49.1%) and pension payout points (43.7%). Formal Asian respondents were dissatisfied with new high cost housing (28.6%), train services (20.7%) and pension payout points (50.8%). A zero percent satisfaction rate was recorded for low cost housing in formal Asian areas. A possible reason for this is that this group may not have access to this service.
Traditional African communities have no access to many services such as high and low cost housing, signposting of roads, pavements and libraries. More than half the households felt dissatisfied with police services, ambulance services, the fire department, sports facilities and sanitation. Nine out of ten respondents in the traditional African areas were dissatisfied with the road surfaces in their area (11.9% were satisfied).
Households in informal African areas were on average dissatisfied with many of the listed services. However, more than half were satisfied with the public telephones, electricity supply, public schools, community halls, train or mini bus services and refuse removal in their areas (between 50% and 64% satisfaction levels).
Respondents were asked whether they visit certain types of public amenities in Buffalo City. These are contained in the table below.
Zoo 20.2 50.0 49.1 63.6 27.
Sports Stadiums 37.6 38.2 44.0 61.8 40.
Museums 19.6 32.4 31.4 70.0 26.
Beaches 59.7 77.9 66.7 90.1 64.
Casino's 10.1 1.5 7.5 4.6 9.
Theatres 9.5 35.3 21.4 63.6 17.
Parks 4.6 4.4 15.7 6.0 5.
Sports Centres 10.4 4.4 11.3 9.9 10.
Motor racing Track 2.2 4.4 15.1 23.7 5.
Art Galleries 1.4 2.9 4.4 13.4 3.
Other 0.1 0.0 0.6 0.4 0.
Beaches are the most utilised public amenity. More than half of respondents in all population groups indicated that they visit the beached around Buffalo City. Sports Stadiums are the second most popular amenity, especially among White respondents (61.8%). Generally, Whites visit Zoo's, Sports Stadiums, Museums, theatres, art galleries and beaches more than other population groups. More African respondents visit casino's (10.1%). The new casino opened shortly after this study was completed and therefore usage of casinos may change in the future. More Coloured respondents visit parks, sports centres and motor racing tracks than other population groups.
Respondents were asked to rank several amenities, sites and events as tourist attractions.
Beachfront amenities 10 57.9 10 57.7 10 57.
Cultural events (live music and theatre) 10 51.9 10 54.0 10 53.
Museums 10 52.3 10 52.4 10 52.
Restaurants and night clubs 10 51.3 10 51.9 10 51.
Sports events 10 51.5 10 49.1 10 50.
Nature walks and trails 10 46.8 10 48.3 10 47.
Large shopping centres 10 45.1 10 48.7 10 47.
Town Centre for shopping and recreation 10 46.5 10 47.7 10 47.
Casino's 10 46.5 10 44.3 10 45.
Sports amenities 10 42.6 10 41.1 10 41.
The amenities listed in the table above are in order of most important to least important. The highest importance ranking an amenity could be given were 10. On average, about half of all respondents gave the listed amenities a 10 ranking. It could be deduced that sports amenities were regarded as the least important tourist attraction because less than half of the respondents (41.7%) gave it a ranking of 10, whilst 57.8% gave beachfront amenities a ten ranking. No significant difference in perception between male and female respondents has been noted.
Beachfront amenities 10 62.5 10 55.4 10 50.0 10 32.9 10 57.
Cultural events (live music and theatre) 10 63.3 8 20.0 10 32.2 5 17.1 10 53.
Museums 10 58.3 10 23.1 10 45.2 9 30.1 10 52.
Restaurants and night clubs 10 52.6 10 23.4 10 36.1 10 59.3 10 51.
Sports events 10 56.4 10 66.2 10 41.5 10 13.6 10 50.
Nature walks and trails 10 53.9 10 40.6 10 35.4 10 20.4 10 47.
Large shopping centres 10 53.6 10 24.6 10 44.9 10 16.8 10 47.
Town Centre (shopping & recreation) 10 54.9 5 15.4 10 40.3 6 18.6 10 47.
Casino's 10 49.3 4 25.0 10 36.1 10 35.4 10 45.
Sports amenities 10 48.4 10 32.3 10 31.9 7 19.6 10 41.
White and Asian and Coloured respondents did not rank cultural events as high as African respondents (63.3%) did. Also, White and Asian respondents did not rank the town centre as such an important tourist amenity as what African and Coloured respondents have. Cultural events received the highest percentage as most important tourist amenity out of all attractions listed from African respondents. Twothirds of Asian respondents ranked sports events as a ten ranking, while three-fifths of White respondents listed restaurants and night clubs as having a ten ranking. Half of the Coloured respondents indicated that beach amenities should have a ten ranking.
The interviewees were asked to indicate which childcare facilities they utilise for their children under 15 years, if any.
A parent cares at home 65.2 63.1 63.2 62.
An adult relative cares at home 17.2 13.6 13.0 9.
An adult relative cares elsewhere 1.7 2.2 2.1 1.
A neighbour cares 0.7 1.6 1.9 1.
Children care for themselves 1.4 4.1 13.1 21.
Attend crèche/pre-school 4.4 7.3 1.8 0.
Paid baby sitter 9.5 7.9 4.9 3.
Between 62.2% and 65.1% of children irrespective of age are cared for by a parent at home. The second most popular childcare service is: adult relative cares for the children at home, specifically for children under two (17.2%), children between three and six (13.6%), and children between seven and 12 (13.0%). One out of ten children between 13 and 15 also stay with an adult relative at home, but 21.7% of the children in this age category look after themselves. In addition, 13.0% of children between seven and 12 take care of themselves. It should be noted that it was not asked whether older non- adult siblings (perhaps under 18) also look after the younger children or whether they look after themselves at such an early age.
Respondents were asked whether they were satisfied with a number of personal relationships, time and monetary allocation concerning their quality of life. Their responses are contained in the tables below.
Unknown 0.1 0.1 0.0 0.0 0.6 0.7 0.
Refuse to Answer 0.9 0.6 0.3 1.5 7.5 0.4 0.
Not Applicable 2.2 1.4 1.9 0.0 1.3 1.1 1.
Do not know 0.5 0.0 0.2 0.0 0.6 0.4 0.
Very Satisfied 0.9 0.6 0.7 0.0 1.9 0.7 0.
Satisfied 7.8 9.6 3.4 5.9 15.0 44.5 8.
Neither Satisfied nor Dissatisfied 6.3 5.2 2.7 22.1 5.6 22.3 5.
Dissatisfied 25.5 23.7 24.0 47.1 31.3 18.0 24.
Very Dissatisfied 55.8 58.7 67.0 23.5 36.3 12.0 57.
Over half of all male and female respondents (55.8% and 58.7% respectively) are very dissatisfied with the amount of money they have available for personal spending. In addition, a further quarter of these respondents, irrespective of sex, is dissatisfied with the amount.
More than nine out of ten African respondents (91%) are dissatisfied or very dissatisfied with the money they have available to them. More than two-thirds (67%) indicated that they were very dissatisfied. Asian respondents are marginally more dissatisfied than Coloured respondents (70.6% and 67.6% respectively), but more Coloured respondents were very dissatisfied. On average, White respondents are more satisfied with the amount they have to spend personally. More than two-fifths indicated that they were satisfied, one-fifth noted that they were neither satisfied nor dissatisfied and 30% said they were dissatisfied (18.0%) or very dissatisfied (12.0%).
Unknown 0.1 0.0 0.0 0.0 0.9 0.3 0.0 0.
Refuse to Answer 0.4 0.0 0.7 0.3 0.9 0.8 0.4 0.
Not Applicable 0.1 1.6 0.0 2.8 2.8 1.0 4.8 1.
Do not know 0.1 0.0 0.0 0.3 0.9 0.3 0.0 0.
Very Satisfied 0.9 0.0 1.4 0.3 0.9 1.0 0.9 0.
Satisfied 15.6 4.8 13.7 2.3 16.5 9.0 6.6 8.
Neither Satisfied nor Dissatisfied 8.5 1.6 15.1 1.6 8.3 5.5 5.3 5.
Dissatisfied 33.1 10.4 17.3 18.2 23.9 29.8 20.3 24.
Very Dissatisfied 40.9 81.6 51.8 74.3 45.0 52.4 61.7 58.
Housewives (16.5%) and respondents in formal employment (15.6%) are marginally more satisfied with the amount they have available to them personally than other groupings. The majority in informal employment or unemployed respondents indicated that they are very dissatisfied with their spending money. Overall, 58% of the respondents were very dissatisfied with the money they have for personal use and a further quarter (24.3%) was simply dissatisfied.
Unknown 0.0 0.7 0.7 0.0 0.0 0.0 0.
Refuse to Answer 0.4 8.0 0.4 1.5 0.0 0.0 0.
Not Applicable 1.9 1.3 1.1 0.0 3.4 0.8 1.
Do not know 0.1 0.7 0.4 0.0 0.0 0.4 0.
Very Satisfied 0.5 2.0 0.7 0.0 0.6 0.8 0.
Satisfied 4.7 14.0 45.3 6.0 1.7 1.9 8.
Neither Satisfied nor Dissatisfied 3.8 6.0 22.3 22.4 2.2 0.6 5.
Dissatisfied 30.1 32.0 17.6 47.8 22.4 10.8 24.
Very Dissatisfied 58.5 35.3 11.5 22.4 69.7 84.7 57.
Very few people are satisfied with the money they have to spend on themselves irrespective of the type of area they life. Almost half of formal White respondents (45.3%) indicated that they were satisfied with their amount of spending money, but the overwhelming majority of respondents categorized under the other housing types noted that they were either dissatisfied or very dissatisfied. Most notably 84.7% of the African respondents in informal areas indicated that they were very dissatisfied.
Unknown 0.5 0.4 0.4 0.0 1.3 0.7 0.
Refuse to Answer 1.2 0.4 0.4 1.5 6.3 0.4 0.
Not Applicable 0.0 0.2 0.1 0.0 0.6 0.0 0.
Do not know 0.1 0.1 0.1 0.0 0.0 0.0 0.
Very Satisfied 10.2 10.1 11.1 1.5 3.8 8.5 10.
Satisfied 52.9 59.1 53.6 79.4 60.6 71.7 56.
Neither Satisfied nor Dissatisfied 13.3 11.4 13.1 8.8 7.5 8.5 12.
Dissatisfied 17.2 14.4 16.9 7.4 15.0 7.4 15.
Very Dissatisfied 4.6 3.9 4.4 1.5 5.0 2.8 4.
Seven percent more female respondents than male respondents indicated that they are satisfied with the time they have to do the things they want to do. More than half of the respondents overall indicated that they are satisfied with the time they have to do the things they would like to do. Four-fifths of Asian respondents were satisfied, followed by 71.7% of White respondents and 60.6% of Coloured respondents. Just over half of African respondents were satisfied, but 11.1% were very satisfied and 13.1% were neither satisfied nor dissatisfied.
Unknown 0.3 0.8 1.4 0.3 0.9 0.3 0.4 0.
Refuse to Answer 0.4 0.0 0.7 0.7 0.0 0.5 0.0 0.
Not Applicable 0.1 0.0 0.0 0.1 0.9 0.0 0.0 0.
Do not know 0.1 0.0 0.0 0.1 0.0 0.0 0.0 0.
Very Satisfied 5.9 12.8 7.9 12.2 12.8 13.0 9.3 10.
Satisfied 57.0 35.2 53.2 57.2 62.4 63.7 57.3 57.
Neither Satisfied nor Dissatisfied 12.4 22.4 14.4 11.6 10.1 9.3 12.8 12.
Dissatisfied 19.9 18.4 17.3 14.7 10.1 9.5 15.0 15.
Very Dissatisfied 3.8 10.4 5.0 3.1 2.8 3.8 5.3 4.
Between 53% and 63% of all respondents irrespective of their occupational status indicated that they were satisfied with the time they have to do the things they want to do. The only exception was under those respondents that are employed in the informal employment segment. They seem marginally more dissatisfied with their time than the other groupings.
Unknown 0.1 1.3 0.7 0.0 1.1 0.4 0.
Refuse to Answer 0.5 6.7 0.4 1.5 0.3 0.0 0.
Not Applicable 0.0 0.7 0.0 0.0 0.3 0.2 0.
Do not know 0.1 0.0 0.0 0.0 0.3 0.0 0.
Very Satisfied 7.5 4.0 8.3 1.5 16.2 16.1 10.
Satisfied 58.9 58.7 71.9 79.1 50.4 43.3 56.
Neither Satisfied nor Dissatisfied 10.4 8.0 8.3 9.0 12.9 19.3 12.
Dissatisfied 18.3 16.0 7.6 7.5 12.9 16.6 15.
Very Dissatisfied 4.1 4.7 2.9 1.5 5.6 4.1 4.
The majority of respondents across all housing types were generally either satisfied or very satisfied with the time they have to do the things they want to do.
Unknown 0.4 0.7 0.4 0.0 1.3 1.8 0.
Refuse to Answer 2.3 2.5 2.0 1.5 9.4 2.1 2.
Not Applicable 23.1 30.9 29.9 45.6 22.5 12.0 27.
Do not know 0.3 1.3 0.5 0.0 6.3 1.1 0.
Very Satisfied 20.5 18.4 17.6 13.2 5.0 38.9 19.
Satisfied 44.4 36.5 38.6 39.6 49.4 43.1 39.
Neither Satisfied nor Dissatisfied 4.3 4.2 4.9 0.0 3.8 0.4 4.
Dissatisfied 2.7 2.9 3.3 0.0 2.5 0.4 2.
Very Dissatisfied 2.0 2.5 2.8 0.0 0.0 0.4 2.
Women are generally slightly less satisfied with their marriages than men. The overwhelming majority of White respondents were either satisfied or very satisfied with their marriage relationship. More than half of the other respondents is either satisfied or very satisfied.
Unknown 0.9 0.8 0.0 0.3 1.8 0.8 0.0 0.
Refuse to Answer 2.2 2.4 1.4 2.1 0.9 2.0 2.6 2.
Not Applicable 19.4 15.2 13.7 30.7 15.6 41.9 42.7 28.
Do not know 0.7 0.8 0.0 0.5 0.0 2.5 1.3 0.
Very Satisfied 22.1 24.8 30.9 15.8 32.1 16.0 12.3 19.
Satisfied 46.7 36.0 46.0 37.8 46.8 34.3 27.8 39.
Neither Satisfied nor Dissatisfied 3.1 8.8 2.9 5.6 1.8 1.3 7.5 4.
Dissatisfied 3.1 5.6 3.6 3.7 0.0 0.8 2.2 2.
Very Dissatisfied 1.8 5.6 1.4 3.3 0.9 0.5 3.5 2.
Although unemployed people, pensioners and students appeared to be less satisfied with their marriage relationships than other respondents, this could be attributed to the high percentage 'not applicable' in these categories. Informally employed people also seem marginally less satisfied than self-employed, formally employed people and housewives.
Unknown 0.5 1.3 1.8 0.0 0.0 0.2 0.
Refuse to Answer 2.8 10.0 2.2 1.5 0.0 1.7 2.
Not Applicable 32.2 24.0 11.5 46.3 36.4 20.1 28.
Do not know 0.6 6.7 1.1 0.0 0.3 0.4 0.
Very Satisfied 14.4 5.3 39.2 13.4 19.9 23.4 19.
Satisfied 39.7 46.0 43.2 43.2 31.9 40.2 39.
Neither Satisfied nor Dissatisfied 4.3 4.0 0.4 0.0 3.9 7.2 4.
Dissatisfied 2.8 2.7 0.4 0.0 2.8 5.0 2.
Very Dissatisfied 2.6 0.0 0.4 0.0 4.8 1.9 2.
Traditional African communities are slightly less satisfied than other communities with their marriage, while formal White marriages seem satisfied or very satisfied with their marriages.
Unknown 0.5 0.3 0.3 0.0 1.3 0.7 0.
Refuse to Answer 0.9 0.3 0.3 1.5 5.0 0.4 0.
Not Applicable 0.5 0.7 0.5 2.9 1.3 0.7 0.
Do not know 0.0 0.0 0.0 0.0 0.0 0.0 0.
Very Satisfied 15.4 17.8 17.6 2.9 7.5 19.1 16.
Satisfied 66.6 66.9 64.4 85.3 78.8 73.1 66.
Neither Satisfied nor Dissatisfied 7.5 6.2 7.6 4.4 3.8 1.8 6.
Dissatisfied 7.0 6.3 7.5 2.9 2.5 3.5 6.
Very Dissatisfied 1.6 1.5 1.8 0.0 0.0 0.7 1.
No clear distinction could be drawn between the levels of satisfaction of men as opposed to women concerning their family life. Two-thirds of both sexes were satisfied with their family life. The same could be said of levels of satisfaction according to population.
Unknown 0.3 0.8 0.0 0.3 0.9 0.3 0.9 0.
Refuse to Answer 0.4 0.0 0.7 0.1 0.0 0.5 0.0 0.
Not Applicable 0.4 0.0 0.7 0.5 0.9 1.0 0.4 0.
Do not know 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.
Very Satisfied 14.7 18.4 21.6 18.2 15.6 16.0 16.3 16.
Satisfied 68.3 51.2 63.3 66.2 74.3 72.4 64.8 67.
Neither Satisfied nor Dissatisfied 4.9 12.8 6.5 8.2 3.7 5.0 8.4 6.
Dissatisfied 9.6 10.4 5.8 5.5 3.7 3.5 7.5 6.
Very Dissatisfied 1.3 6.4 1.4 1.1 0.9 1.3 1.8 1.
Again, no significant conclusion can be drawn from the levels of satisfaction respondents have with their family life according to their occupation. However, it seems that people employed in the informal sector are slightly less satisfied with their family life.
Unknown 0.4 1.3 0.7 0.0 0.3 0.0 0.
Refuse to Answer 0.4 5.3 0.4 1.5 0.0 0.0 0.
Not Applicable 0.3 1.3 0.7 3.0 1.1 0.6 0.
Very Satisfied 14.3 8.0 18.7 3.0 23.8 20.9 16.
Satisfied 69.8 77.3 73.4 86.6 58.8 55.9 66.
Neither Satisfied nor Dissatisfied 5.9 4.0 1.8 3.0 6.2 12.8 6.
Dissatisfied 7.2 2.7 3.6 3.0 8.1 7.5 6.
Very Dissatisfied 1.6 0.0 0.7 0.0 1.7 2.3 1.
Formal White and Asian households seem marginally more satisfied with their family life than other respondents. Traditional and informal African respondents are the most dissatisfied with their family life.
Unknown 0.3 0.5 0.4 0.0 0.6 0.7 0.
Not Applicable 5.4 10.1 9.9 0.0 4.4 0.7 8.
Do not know 0.1 0.5 0.2 0.0 2.5 0.0 0.
Very Satisfied 14.7 13.7 14.9 4.4 5.0 15.2 14.
Satisfied 69.8 65.5 65.1 82.4 70.0 77.7 67.
Neither Satisfied nor Dissatisfied 4.9 5.4 5.0 10.3 10.0 2.8 5.
Dissatisfied 3.1 2.9 3.1 1.5 2.5 2.5 2.
Very Dissatisfied 0.8 1.1 1.2 0.0 0.0 0.0 1.
Male respondents seem marginally more satisfied with their friends than their female counterparts. Coloured respondents are slightly less satisfied with their friends than other population groupings, but one in ten indicated that they are neither satisfied nor dissatisfied.
Unknown 0.3 0.0 0.7 0.4 0.9 0.5 0.4 0.
Not Applicable 4.0 2.4 5.0 8.7 14.7 20.1 1.8 8.
Do not know 0.3 0.0 0.0 0.5 0.9 0.3 0.0 0.
Very Satisfied 12.7 18.4 18.0 15.2 11.0 9.3 18.5 14.
Satisfied 70.4 68.8 64.7 67.6 64.2 62.4 69.6 67.
Neither Satisfied nor Dissatisfied 6.5 6.4 5.0 3.7 7.3 5.5 4.4 5.
Dissatisfied 4.6 4.0 3.6 2.5 0.0 1.0 3.5 3.
Very Dissatisfied 0.9 0.0 2.2 1.1 0.9 0.5 1.8 1.
Housewives and pensioners are slightly less satisfied with their friends than other respondents. No significant difference exists amongst the different employed sectors.
Unknown 0.4 0.7 0.7 0.0 0.6 0.2 0.
Not Applicable 10.0 4.7 0.7 0.0 15.7 5.8 8.
Do not know 0.4 1.3 0.0 0.0 0.0 0.0 0.
Very Satisfied 11.5 5.3 15.1 4.5 20.7 18.6 14.
Satisfied 66.7 69.3 77.7 82.1 56.6 66.9 67.
Neither Satisfied nor Dissatisfied 6.0 10.7 2.9 10.4 2.8 4.1 5.
Dissatisfied 3.1 2.7 2.5 1.5 2.5 3.5 3.
Very Dissatisfied 1.4 0.0 0.0 0.0 1.1 0.8 1.
On average, the overwhelming majority of respondents irrespective of housing type are satisfied or very satisfied with their friends. No conclusion can be drawn when comparing levels of satisfaction by housing type.
Unknown 0.6 0.6 0.4 1.5 1.3 1.4 0.
Refuse to Answer 0.9 0.5 0.4 1.5 5.0 0.4 0.
Not Applicable 2.3 1.7 2.1 0.0 0.6 2.5 2.
Do not know 0.3 0.3 0.4 0.0 0.0 0.0 0.
Very Satisfied 2.6 3.2 2.0 1.5 1.9 10.6 2.
Satisfied 23.8 25.5 16.8 19.1 49.4 67.1 24.
Neither Satisfied nor Dissatisfied 12.6 15.1 14.2 25.0 9.4 13.8 14.
Dissatisfied 29.1 29.9 33.9 36.8 20.0 3.9 29.
Very Dissatisfied 27.7 23.1 29.9 14.7 12.5 0.4 24.
Males and females are both generally dissatisfied with their standard of living. The majority of African respondents are either dissatisfied (33.9%) or very dissatisfied (29.9%) with their standard of living. The same holds for Asian respondents where more than half (51.5%) are dissatisfied or very dissatisfied. Over half of the Coloured respondents are satisfied (49.4%) or very satisfied (1.9%) with their standard of living. The majority of White respondents are satisfied (67.1%) or very satisfied (10.6%) with their standard of living.
Unknown 0.9 0.0 0.7 0.5 0.9 0.5 0.0 0.
Refuse to Answer 0.3 0.0 0.7 0.4 0.0 0.8 0.0 0.
Not Applicable 0.1 3.2 0.0 2.8 1.8 0.5 8.4 2.
Do not know 0.0 0.0 0.0 0.4 0.9 0.5 0.0 0.
Very Satisfied 3.5 0.0 5.8 0.9 5.5 4.3 4.4 3.
Satisfied 34.2 9.6 31.7 14.8 36.7 31.3 18.5 25.
Neither Satisfied nor Dissatisfied 17.2 18.4 15.1 10.6 13.8 15.8 11.9 14.
Dissatisfied 30.3 21.6 26.6 34.6 18.3 26.1 30.0 29.
Very Dissatisfied 13.4 47.2 19.4 34.9 22.0 20.3 26.9 24.
Those in informal employment; the unemployed and student categories reported higher dissatisfaction levels with their standard of living. Highest satisfaction rates were reported by formally employed, self employed and housewives.
Unknown 0.4 1.3 1.1 1.5 1.1 0.0 0.
Refuse to Answer 0.5 5.3 0.4 1.5 0.0 0.2 0.
Not Applicable 3.5 0.7 2.5 0.0 0.0 0.4 2.
Do not know 0.4 0.0 0.0 0.0 0.0 0.6 0.
Very Satisfied 2.7 2.0 10.8 1.5 1.4 0.6 2.
Satisfied 22.1 50.7 67.6 19.4 12.6 7.0 24.
Neither Satisfied nor Dissatisfied 13.4 10.0 13.3 25.4 12.0 17.8 14.
Dissatisfied 32.6 20.0 4.0 37.3 35.3 36.4 29.
Very Dissatisfied 24.5 10.0 0.1 13.4 37.5 36.9 24.
Formal African, Asian, Traditional African and Informal African respondents were mostly dissatisfied or very dissatisfied with their standard of living. Formal Coloured, but especially White respondents were mainly satisfied with their standards of living.
Unknown 0.2 0.6 0.4 0.0 0.6 1.1 0.
Refuse to Answer 1.3 0.7 0.5 1.5 6.3 1.4 1.
Not Applicable 6.1 4.4 5.8 0.0 0.6 3.9 5.
Do not know 0.3 0.1 0.2 0.0 0.0 0.4 0.
Very Satisfied 1.1 0.7 0.4 0.0 1.3 4.6 0.
Satisfied 10.2 12.4 4.8 11.8 34.4 45.2 11.
Neither Satisfied nor Dissatisfied 8.7 6.4 5.0 16.2 8.8 20.1 7.
Dissatisfied 28.5 29.5 30.8 51.5 23.8 15.9 29.
Very Dissatisfied 43.5 45.1 52.2 19.1 24.4 7.4 44.
Men and women are equally dissatisfied with their income. Half of the White respondents were satisfied with their income and one third of the Coloured respondents were satisfied, but half were dissatisfied with their income. Over 80% of African respondents and more than 70% Asian respondents were dissatisfied with their income.
Unknown 00.3 0.0 0.0 0.5 1.8 0.5 0.4 0.
Refuse to Answer 0.6 1.6 0.7 0.4 0.9 1.0 0.9 0.
Not Applicable 0.4 0.8 2.9 10.4 3.7 1.0 14.1 5.
Do not know 0.1 0.0 0.0 0.3 0.0 0.0 0.4 0.
Very Satisfied 1.0 0.0 2.2 0.1 1.8 1.8 0.4 0.
Satisfied 19.3 3.2 15.1 4.7 21.1 13.3 7.5 11.
Neither Satisfied nor Dissatisfied 8.5 3.2 17.3 4.0 10.1 10.3 2.6 7.
Dissatisfied 36.2 20.8 30.2 27.3 18.3 27.6 28.2 29.
Very Dissatisfied 33.4 70.4 31.7 52.3 42.2 44.6 45.4 44.
Generally, most people were dissatisfied with their income levels. Housewives, formally employed and self-employed reported the highest levels of satisfaction with their incomes.
Unknown 0.4 0.7 1.1 0.0 0.6 0.2 0.
Refuse to Answer 0.4 6.7 1.4 1.5 0.0 1.0 1.
Not Applicable 2.9 0.7 4.0 0.0 15.4 5.6 5.
Do not know 0.1 0.0 0.4 0.0 0.0 0.4 0.
Very Satisfied 0.4 1.3 4.7 0.0 0.3 0.2 0.
Satisfied 6.6 34.0 45.7 11.9 2.8 2.3 11.
Neither Satisfied nor Dissatisfied 5.0 9.3 20.1 16.4 2.5 7.0 7.
Dissatisfied 32.5 24.7 15.8 52.2 25.5 30.2 29.
Very Dissatisfied 51.7 22.7 6.8 17.9 52.9 53.0 44.
With the exception of Formal Whites and Formal Coloureds, all other housing types were generally dissatisfied or very dissatisfied with their incomes.
Unknown 0.2 0.4 0.3 0.0 0.6 0.7 0.
Refuse to Answer 0.9 0.4 0.3 1.5 5.6 0.4 0.
Not Applicable 0.2 0.2 0.2 0.0 0.6 0.4 0.
Do not know 0.3 0.4 0.4 0.0 0.6 0.0 0.
Very Satisfied 8.4 8.1 8.4 0.0 3.1 11.0 8.
Satisfied 51.0 55.3 48.1 86.8 68.1 77.7 53.
Neither Satisfied nor Dissatisfied 21.6 20.8 25.0 4.4 5.6 6.7 21.
Dissatisfied 13.0 10.9 13.4 5.9 7.5 3.2 11.
Very Dissatisfied 4.2 3.4 4.0 1.5 8.1 0.0 3.
Women were slightly more satisfied with the way they spend their leisure time than men were. The majority of White respondents followed by Asian, Coloured and African respondents were satisfied with the way they spend their leisure time. Overall, 62% of respondents were either satisfied or very satisfied with the way they spend their leisure time.
Unknown 0.4 0.8 0.0 0.1 0.9 0.5 0.0 0.
Refuse to Answer 0.3 0.0 0.7 0.1 0.9 0.8 0.0 0.
Not Applicable 0.3 0.0 0.0 0.0 0.9 0.3 0.4 0.
Do not know 0.4 0.0 0.0 0.5 0.0 0.3 0.0 0.
Very Satisfied 8.0 5.6 5.8 8.0 11.0 0.8 11.9 8.
Satisfied 59.5 25.6 52.5 49.7 57.8 61.2 55.5 54.
Neither Satisfied nor Dissatisfied 15.0 43.2 23.0 24.5 11.0 21.6 19.8 21.
Dissatisfied 12.7 17.6 14.4 13.1 12.8 5.3 10.0 11.
Very Dissatisfied 3.4 7.2 3.6 3.9 4.6 2.3 2.2 3.
Housewives; formerly employed and students are generally more satisfied with their leisure time than other respondents. It seems that people employed in the informal sector are less satisfied than other groups but many indicated that they were neither satisfied nor dissatisfied and only marginally more indicated that they were actually dissatisfied.
Unknown 0.2 0.7 0.7 0.0 0.6 0.2 0.
Refuse to Answer 0.4 6.0 0.4 1.5 0.0 0.0 0.
Not Applicable 0.2 0.7 0.4 0.0 0.3 0.0 0.
Do not know 0.4 0.0 0.0 0.0 0.3 0.4 0.
Very Satisfied 6.7 3.3 11.2 0.0 15.4 7.2 8.
Satisfied 59.6 66.7 78.1 86.6 44.0 26.5 53.
Neither Satisfied nor Dissatisfied 18.6 6.0 6.5 4.5 25.8 39.3 21.
Dissatisfied 11.1 8.0 2.9 6.0 9.0 22.2 11.
Very Dissatisfied 3.7 8.7 0.0 1.5 4.8 4.1 3.
Almost 90% of people in Formal White areas and Asian areas were satisfied with their leisure time, but only about a third of respondents in informal African areas were satisfied with their leisure time. Between 60% and 70% of the respondents in the other areas indicated that they were generally satisfied about the way they spend their leisure time.
Respondents were asked to indicate how satisfied they were with their life as a whole. The responses are contained in the tables below according to some demographic information gathered.
The majority of Whites (84.1%), Asian (61.8%) and Coloured respondents (55.1%) were satisfied with their life as a whole, but only one-quarter of African respondents were satisfied. Two percent more women (36.2%) were satisfied with their life than men (34.0%) were.
Half of married people (49.7%) were satisfied with their lives, but only about one-fifth married in common law or tradition were satisfied with their live as a whole. A quarter of separated or single respondents and over a quarter of divorced or widowed respondents were satisfied with their lives. Household size does not seem to be determinant of life satisfaction. Over one-third of people living in households with one to three or four to six members were satisfied with their life. This is compared to just over a quarter in households with seven to ten members and 30% in households with more than ten members.
Total / Base 35.
Ratepayers Association 57.9 33 35.
Sports Club 53.6 118 33.
Civic Association 38.1 43 35.
Woman's Club/organisation 34.7 96 35.
Church, religious club, choir 39.3 471 32.
Community service organisation 38.3 54 35.
Trade Union 41.5 98 35.
Neighbourhood Watch 57.1 24 35.
Book club, library 71.9 110 33.
Social or recreational club 67.2 43 34.
Youth Organisation 46.0 40 35.
Savings club 35.1 34 35.
Political Party 29.0 239 39.
Burial society 33.1 96 36.
Other 36.0 9 35.
More than half of the respondents who were members of ratepayers associations, sports clubs, neighbourhood watches, book clubs and social or recreational clubs were satisfied or very satisfied with their life as a whole. Around 35% of respondents that were not members of these clubs or organisations indicated that they were satisfied or very satisfied with their lives.
Your Family 98.4 98.5 98.1 99.
Your Friends 97.7 100.0 99.3 98.
People in your neighbourhood 96.8 88.1 90.9 77.
Your Place of Worship 94.1 92.3 97.3 86.
The people you work with 76.8 92.9 87.5 67.
Your local community 92.0 91.0 91.6 58.
The organisations or groups you belong to 75.2 63.9 79.3 52.
Most people derive a sense of belonging from their family and friends. Africans derived a greater sense of belonging from the neighbourhood; local community and organisations or groups they belonged to as opposed to their white counterparts.
The following tables provide a summary of respondent's levels of life satisfaction by household services.
Electricity 49.7 651 Electricity 42.
Gas 30.5 18 Gas 25.
Paraffin 17.9 161 Paraffin 14.
Wood 22.9 43 Candles 33.
Other 12.
None 17.5 28 Piped full pressure 45.
Flush 44.1 666 Piped from roof tank 48.
Septic 37.5 6 Ground tanks next to house 9.
Improved Pit Latrine 21.5 14 Standpipes 21.
Basic pit latrine 25.9 138 Borehole/ rainwater tank/well 50.
Chemical 11.5 18 Dam/river/stream/spring 12.
Other 10.8 4 Other 15.
No refuse removal 26.
Removed at least once/week by local authority 39.
Removed less often by local authority 50.
Removed from container by local authority 33.
Placed on Communal refuse dump & not collected by local authority 35.
Placed on own refuse dump but not collected 34.
Burnt in pit 23.
Other means 100.
The overwhelming majority of respondents with inadequate sanitation and water are dissatisfied with their life as a whole. Respondents with high service provision seemed to be more satisfied with life as a whole. It should be noted that the levels of household services are strongly influenced by other factors like income, housing type etc., and these in themselves may have a strong influence on life satisfaction as a whole.
The following tables compare life satisfaction to a series of economic circumstances.
Car 67.1 25.
Radio 38.6 22.
Computer 75.1 29.
Electric cooking appliance 48.1 19.
Fridge 63.2 23.
Piped hot water 66.5 27.
Self employed in formal segment - full time 61.
Self employed in formal sector - part time 66.
Employed full-time in formal sector 47.
Employed full time in informal sector not looking for formal sector work 11.
Employed part time in informal sector not looking for formal sector work 50.
Self-employed in informal sector - full time 43.
Self-employed in informal sector - part time 25.
Employed full time in informal sector & looking for employment in formal sector 25.
Employed part time in informal sector & looking for employment in formal sector 16.
Housewife looking for formal employment 26.
Employed part-time in formal sector 39.
Unemployed looking for work 14.
More than half the respondents with cars, telephones, computers, electrical cleaning appliances, piped hot water and electric heaters seem satisfied. Around two-thirds of self-employed persons in the formal sector are satisfied with their life as a whole. Others that are not as satisfied tend to be employed full time in the informal sector (not looking for formal work) and those employed part time in the informal sector (looking for formal work). It should be noted that the base for some of these categories might be too small to be meaningful.
Respondents were asked to indicate whether they were worried that they or someone close to them might be infected with the virus that causes AIDS.
Do not know 0.3 0.4 0.3 0.0 1.3 0.4 0.
Not at all 25.1 26.0 21.7 13.4 50.0 41.1 25.
A little 17.0 17.0 15.9 3.0 18.6 28.4 17.
A lot 57.7 56.6 62.1 83.6 30.1 30.1 57.
Total 100.0 100.0 100.0 100.0 100.0 100.0 100.
More than half of all men and women, as well as African and Asian respondents noted that they worry a lot about HIV infection. Half of the Coloured respondents indicated that they are not worried at all and two-fifths of White respondents indicated that they are not worried about HIV infection at all.
Do no Know 7.0 7.7 8.5 2.9 6.3 1.4 7.
Nothing 2.3 2.2 2.1 2.9 4.4 2.1 2.
AIDS Education / Awareness Campaigns 18.3 16.0 12.5 47.1 26.6 35.6 17.
Workshops for all 6.1 5.1 5.3 0.0 12.7 3.6 5.
Workshops for the Youth 1.9 1.2 1.8 0.0 0.0 0.4 1.
Become saved/ religion/ prayer 3.1 4.6 4.5 1.5 1.9 2.1 4.
Sex within the marriage 5.6 7.3 3.6 5.9 2.5 30.6 6.
The use of condoms 34.6 31.0 38.2 11.8 19.6 4.3 32.
Abstinence 7.0 9.7 8.7 1.5 8.2 11.4 8.
Open and honest relationship with partner 2.1 3.7 2.8 0.0 6.3 3.2 3.
To have only one partner 5.4 5.3 5.5 1.5 7.6 3.6 5.
Free, adequate treatment of HIV pos./AIDS sufferers 10.4 10.8 12.9 2.9 2.5 2.5 10.
Other 2.4 2.1 1.1 22.1 3.8 3.6 2.
About one-third of male and female respondents believed that the use of condoms are an important AIDS prevention strategy. The second most recorded strategy overall, and equally for men and women was AIDS education or awareness campaigns. Just under two-fifths of African respondents (38.2%) indicated that the use of condoms are an important prevention strategy. Almost a half of Asian respondents (47.1%) believed that awareness campaigns or education campaigns would be the most important strategy compared to a quarter of the Coloured respondents (26.6%) and more than a third of the White respondents (35.6%). Interesting to note that almost a third of White respondents indicated that sex within the marriage was an important prevention strategy.
The following tables show the level of satisfaction people have with life according to their employment status and satisfaction.
Employed respondents were asked to indicate how satisfied they are with their job. The table below shows their responses according to the type of job they do.
Housewife/ pensioner 72.
Education professionals 65.
Healthcare Workers 77.
Administrative / clerical 71.
Protective Services 56.
Sales persons/ promotions 60.
Factory worker/ Storeman 58.
Artisan/ Electrician/ Plumber 71.
Corporate directors/ Management 70.
General Managers/ Supervisors 87.
Other Professionals (Doctors, lawyers, pharmacists) 92.
Self-employed (taxi/ sewing industry) 41.
Drivers 54.
Hospitality service industry (waiters, chef) 37.
Unskilled labour 46.
Casual Labour 31.
Cashier 75.
Religious 100.
Voluntary Work 100.
Overall Satisfaction rate (Total) 62.
Employed respondents were overall satisfied with their jobs. However, less than half of the respondents that were self-employed, in the hospitality industry, unskilled labour or casual labour indicated that they were satisfied. The main reasons for this may be monetary, work hours and/or job insecurity.
Respondents were asked what their economic expectations were.
Employed - formal 16.8 36.2 45.7 1.
Employed - informal 12.0 48.0 39.2 0.
Self employed 13.8 36.2 49.3 0.
Unemployed - looking 5.8 32.7 61.5 0.
Total 15.2 37.5 46.2 1.
Three-fifths of unemployed people believed that the economic situation is worse than one year ago. In addition, half of self-employed people believe that the situation is worse together with 45.7% formally employed people and 39.2% informally employed persons.
Employed - formal 35.5 14.3 44.2 6.
Employed - informal 28.0 24.8 36.0 11.
Self employed 28.8 13.7 52.5 5.
Unemployed - looking 23.1 21.2 53.8 1.
Total 32.9 15.9 44.8 6.
More than half of the self-employed and unemployed respondents believed that the economic situation would deteriorate in the next five years. About 36% of the informally employed respondents and 44% of the formally employed respondents expected their economic situations to be worse in the next five years.
No Change 3.1 8.3 1.7 2.
Unemployed Retrenched 15.2 25.0 31.4 74.
Earning less money 20.7 15.6 10.2 3.
Cost of living increased/ inflation 30.5 11.5 22.0 6.
Crime 1.5 3.1 2.5 2.
More job opportunities/ employment/ better job 8.7 11.5 9.3 6.
More money/ funds 5.8 10.4 3.4 0.
Economic crises/ unstable economy 4.1 1.0 5.1 1.
No money/ financial constraints 10.8 14.6 5.1 5.
Other 12.0 5.2 12.7 4.
Poor government 4.3 2.1 7.6 1.
The reasons given by respondents for their perceived negative economic expectations in the next five years differ vastly. The formally employed respondents stated "cost of living increases" (30.5%) and "earning less money" (20.7%) as the main causes for their negative outlook. Those employed in the informal sector indicated that "retrenchments" (25.0%), "earning less money" (15.6%) and having financial constraints (14.6%) were the expected economic outcomes of the next five years. The selfemployed also cited retrenchments (31.4%), the high cost of living (22.0%) and earning less money (10.2%). Three-quarters of the unemployed cite retrenchments and unemployment as their reason for having pessimistic economic expectations.
The most common spare time activity among the formal sector, high service, high income respondents was reading, studying, writing and drawing (52%). This was followed by watching television, playing video games and surfing the Internet (44%). The third most common spare time activity was gym, walking and other fitness related activities (37%). Less than one-twelfth of all the other housing, service groups mentioned gym and fitness as a spare time activity.
television, video games, Internet 44.1 41.7 26.4 22.0 18.8 11.4 31.
Reading, studying, writing and drawing 52.1 31.4 16.1 22.0 13.9 9.3 25.
Cooking, baking 16.1 14.8 26.0 31.2 20.9 24.8 19.
Cleaning house 2.3 20.0 40.3 55.3 40.3 40.2 28.
Gardening 16.9 14.5 19.8 11.3 12.5 27.1 16.
Listening to music/ radio 10.0 21.8 17.2 24.1 24.3 10.8 18.
Socialising 16.1 20.1 11.4 17.7 13.6 7.6 15.
Staying at home 0.4 3.1 1.5 2.1 1.7 2.3 2.
Religious/ cultural/ political activities 5.7 13.7 19.8 7.8 13.0 18.1 13.
Playing sport 26.4 7.9 7.0 4.3 4.1 6.4 8.
Watching sport 10.0 5.6 5.9 5.0 3.2 2.0 5.
Sewing, knitting 11.1 7.7 7.7 4.3 2.0 8.2 7.
Soccer 0.0 0.9 0.7 0.0 1.7 1.5 0.
Family time 11.1 7.5 4.4 5.7 2.9 2.9 6.
Shopping, movies, eating out 9.6 8.2 4.0 2.1 3.2 0.9 5.
Swimming, surfing, fishing 6.9 4.0 1.1 0.7 2.0 0.6 3.
Fitness, gym, walking 37.5 7.2 3.7 2.1 3.8 0.3 8.
Relaxing, sleeping 4.6 18.0 15.0 12.1 17.4 22.4 16.
Work related activities 2.7 3.9 14.3 0.7 7.2 24.8 8.
Singing, dancing 0.0 2.5 2.2 2.8 1.2 1.7 1.
Nature, breeding birds 0.8 0.4 0.0 0.0 0.3 0.6 0.
Drinking, night clubbing, gambling 0.0 0.9 0.0 0.0 0.3 0.0 0.
Only 16.1% of the formal sector, high service, high income listed cooking and baking. This was the second most common activity among respondents living in formal, medium service (26%); informal, medium service (31%); and informal, low service (21%) groups. Similarly, only 2.3% of the formal sector, high service, high-income respondents mentioned housework as a spare time activity. This was the most common activity listed by the formal, medium service (40%); the informal, medium service (55%); and the informal, low service (40%) housing groups.
In the formal, high service, medium income segment, the most common spare time activity was watching television, playing video games and surfing the Internet (42%). This was followed by reading (31%), and listening to music or the radio (22%). Cleaning the house (20%) and socialising (20%) were then listed as spare time activities within this group.
After housework and watching television, cooking and baking was the favourite spare time activity of the formal home, medium service segment (26%). Both the informal, medium service (24%) and informal low service (24%) groups listed listening to the radio, most commonly after housework and cooking. Approximately one-fifth of the informal, medium service (22%) and informal, low service (19%) respondents watched television as a spare time activity.
The pattern of spare time activities was different among those living in traditional, low service housing. The most common activity was housework (40%), followed by gardening (27%), cooking and baking (25%). Other work related activities, such as collecting wood, tending to livestock, fetching water, babysitting and ploughing were the listed by one-quarter of this group as spare time activities. Relaxing and sleeping (22%) and involvement in religious, cultural or political activities (18%) were the leisure activities mentioned by this group.
Television, video games, Internet 35.8 58.5 33.8 83.3 11.4 19.2 31.
Reading, studying, writing and drawing 27.6 20.4 54.7 39.4 9.4 16.2 25.
Cooking, baking 16.5 16.2 16.5 27.3 24.9 24.2 19.
Cleaning house 27.8 7.7 2.9 1.5 40.1 45.5 28.
Gardening 16.2 5.6 21.9 4.5 26.9 12.4 16.
Listening to music/ radio 23.0 18.3 6.8 6.1 10.8 24.2 18.
Socialising 19.2 19.0 10.8 24.2 7.6 14.5 15.
Staying at home 3.2 1.4 0.4 0.0 2.3 1.9 2.
Religious/ cultural/ political activities 17.2 8.5 3.2 4.5 18.1 11.8 13.
Playing sport 6.9 9.9 26.6 10.6 6.4 4.2 8.
Watching sport 5.6 7.0 9.4 4.5 2.0 3.8 5.
Sewing, knitting 6.0 7.7 18.7 3.0 8.2 2.7 7.
Soccer 0.8 1.4 0.0 0.0 1.5 1.3 0.
Family time 6.8 7.7 9.7 10.6 2.9 3.4 6.
Shopping, movies, eating out 7.3 9.9 8.6 4.5 0.9 2.9 5.
Swimming, surfing, fishing 1.4 10.6 10.8 4.5 0.6 1.7 3.
Fitness, gym, walking 5.6 5.6 41.0 0.0 0.3 3.2 8.
Relaxing, sleeping 18.9 12.0 5.4 3.0 22.5 15.8 16.
Work related activities 6.2 2.8 5.0 1.5 24.9 5.5 8.
Singing, dancing 2.7 0.7 0.4 0.0 1.8 1.7 1.
Nature, breeding birds 0.3 1.4 0.4 0.0 0.6 0.2 0.
Drinking, night clubbing, gambling 0.6 1.4 0.0 0.0 0.0 0.2 0.
Irrespective of population, watching television and reading were among the three favourite spare time activities of those living in formal housing. Among those living in formal housing, the second most favourite spare time activity among the different population groups was as follows: African - cleaning the house; Coloured and Asian - reading, studying; White - gym and fitness activities. Among the African respondents resident in informal housing, the most commonly mentioned spare time activities were cleaning the house, cooking, listening to the radio and watching television. The African respondents living in traditional housing most commonly mentioned cleaning the house, gardening, other work related activities and cooking.
Church, religious club, choir 40.7 53.8 48.1 27.9 61.3 51.6 48.
Burial society 9.3 13.5 13.7 4.4 10.0 2.5 11.
Savings club 2.5 5.0 4.7 1.5 2.5 0.4 4.
Ratepayers association 2.0 2.6 1.7 1.5 5.6 4.9 2.
Book club 6.4 6.2 2.8 5.9 2.5 32.9 6.
Sports club 15.8 4.4 7.1 5.9 8.1 23.0 8.
Woman's club 4.6 15.3 12.5 4.4 5.6 7.8 11.
Community service organisation 5.7 5.7 6.1 1.5 6.3 3.9 5.
Youth organisation/club 4.8 2.9 3.6 1.5 3.1 4.9 3.
Neighbourhood watch 1.9 1.7 1.3 1.5 2.5 4.2 1.
Social club 3.3 2.2 1.7 4.4 2.5 9.5 2.
Civic Association 5.7 4.0 5.4 2.9 3.1 0.4 4.
Political Party 35.4 32.1 39.2 5.9 5.6 15.9 33.
Trade Union 9.2 10.0 11.0 5.9 7.5 2.5 9.
Other 1.0 1.4 1.3 0.0 0.0 1.8 1.
Overall, nearly half (48.8%) of the respondents belonged to a church, religious group or choir. Across population groups, this was the most common membership, with Coloured respondents being the most likely (61%) and Asian respondents being the least likely (28%) to be members of a religious group. Women were more likely than men to be members of a religious group, with over half (54%) of the women being members and two-fifths (41%) of the men being members were.
Considering the total sample, the second most common membership was to a political party, with a third (33%) of the respondents being a member of a political party. African respondents were the most likely to have membership of a political party (39%), when compared to White (16%), Asian (6%) and Coloured (6%). The men were only slightly more likely (35%) to be members of a political party than the women (32%) were.
Overall, the third most common membership was to a burial society (12%), with African and Coloured respondents being more likely than Asian and White respondents to be members. Among White respondents, the second and third most common membership was to a book club (33%) or a sports club (23%).
Zoo 28.6 27.3 20.2 50.0 49.1 63.6 27.
Sports Stadiums 51.6 33.8 37.6 38.2 44.0 61.8 40.
Museums 25.8 26.7 19.6 32.4 31.4 70.0 26.
Beaches 66.9 62.3 59.7 77.9 66.7 90.1 64.
Casino's 10.9 7.9 10.1 1.5 7.5 4.6 9.
Theatres 18.3 16.1 9.5 35.3 21.4 63.6 17.
Parks 5.9 5.2 4.6 4.4 15.7 6.0 5.
Sports Centres 12.7 8.6 10.4 4.4 11.3 9.9 10.
Motor racing Track 6.3 4.9 2.2 4.4 15.1 23.7 5.
Art Galleries 2.8 3.2 1.4 2.9 4.4 13.4 3.
Other 0.2 0.6 0.3 0.0 0.6 1.6 0.
Overall, the most commonly visited public amenities were the beaches, sports stadiums, the zoo and the museums. In all three instances, White respondents were more likely to visit these amenities. African respondents were less likely to visit these public amenities. With the exception of the sports stadiums, women were as likely as men to visit these amenities. Men were more likely than women to visit sports stadiums. Art galleries and the motor racing track were the least visited public amenities. Again, White respondents were more likely than the other population groups to use these amenities.
Zoo 26.7 50.3 64.4 50.7 10.9 12.2 27.
Sports Stadiums 42.2 45.0 61.9 37.3 28.6 34.4 40.
Museums 25.2 33.6 70.5 32.8 10.6 13.5 26.
Beaches 66.2 69.1 90.6 77.6 42.0 57.8 64.
Casino's 11.7 8.1 4.7 1.5 7.8 8.3 9.
Theatres 14.1 22.8 64.4 35.8 2.5 3.7 17.
Parks 6.7 16.8 6.1 4.5 2.0 2.1 5.
Sports Centres 15.5 12.1 10.1 4.5 3.4 3.9 10.
Motor racing Track 3.1 15.4 23.7 4.5 1.4 0.6 5.
Art Galleries 2.4 4.7 13.7 3.0 0.3 0.0 3.
Other 0.5 0.7 1.6 0.0 0.0 0.0 0.
The beach was the public amenity most likely to have been visited by African respondents. However, those living in informal housing (58%) and traditional housing (42%) were less likely to visit this amenity than those African respondents resident in formal housing (66%) were. A similar pattern of use was evident for the use of sports stadiums, the zoo and the museum.
The following section concerns perceptions of crime in Buffalo City.
Respondents were asked whether they have ever been a victim of the following crimes.
Better 8.3 8.8 18.8 2.8 10.8 26.5 12.
Same 23.9 24.0 21.7 8.4 20.5 22.9 22.
Worse 56.4 57.3 49.6 81.8 65.0 40.5 56.
Overall, over half (56%) of the respondents felt that the level of crime had become worse. The respondents living in informal housing, with a medium level of service provision (82%) were the most likely to have indicated that this was the case. Those living in traditional areas with a low level of service provision (40%) were the least likely to have said that crime had become worse. Respondents living in formal housing with medium service provision (19%) were the most likely to have said that the situation had improved and there was less crime. The respondents in the informal, medium service areas (3%) were the least likely to have taken this positive view.
Better 11.8 3.3 11.5 0.0 26.3 8.5 12.
Same 22.8 22.7 19.1 56.7 23.0 17.0 22.
Worse 56.6 52.0 58.6 40.3 40.6 70.0 56.
The table above illustrates that 70% of the African respondents resident in informal areas felt that crime had become worse. In comparison, 41% of the African respondents resident in traditional areas, and 57% resident in formal areas felt that crime had become worse. Among the population groups resident in formal areas, the White respondents (59%) were most likely to say that crime had become worse, followed by the African (57%), Coloured (52%) and Asian (40%) respondents.
Crime Level Male % Female % African % Asian % Col.
Better 13.5 11.9 13.6 0.0 3.8 11.7 12.
Same 23.7 21.1 21.4 57.4 21.9 19.1 22.
Worse 53.6 58.2 57.0 39.7 53.1 58.7 56.
White respondents (59%) and African respondents (57%) were almost equally likely to believe that crime had become worse. The Asian respondents (57%) were the most likely to have indicated that crime had stayed the same. Female respondents seemed to have a slightly more negative view of crime levels, with 58% indicating that crime had become worse in comparison to 54% of the male respondents.
Violent crime 8.7 16.3 7.6 16.1 17.7 9.8 13.
Property crime 28.4 31.8 30.8 48.3 30.5 24.6 31.
Respondents living in informal housing with low service were most likely to have been victims of violent crime (18%). This was followed by those living in formal housing with a high level of service and medium income (16%) and by those living in informal housing with a medium level of service (16%). Respondents living in formal housing with a medium level of service were the least likely to have been victims of violent crime.
Nearly half (48%) of the respondents resident in informal housing with a medium level of service had been victims of property crime. In comparison, one-quarter (25%) of those resident in traditional, low service areas had been victims of property crime.
The table below illustrates that African respondents living in informal (17%) and formal (16%) housing were most likely to have been victims of violent crime.
Violent crime 16.1 8.0 9.0 3.0 9.8 17.2 13.
Property crime 35.0 13.3 27.7 19.4 24.6 35.8 31.
A tenth (10%) of the African respondents resident in traditional housing had been victims of violent crime. Less than a tenth of the formal White (9%), Coloured (8%) and Asian (3%) respondents had been victims of violent crime. African respondents living in informal (36%) and formal (35%) housing were also most likely to have been victims of property crimes. One-quarter (25%) of African respondents living in traditional housing had been victims of property crimes. The Coloured respondents resident in formal areas (13%) were the least likely to have been victims of this crime.
Type of Crime Male % Female % African % Asian % Col.
Violent crime 16.6 11.9 15.2 2.9 8.8 8.8 13.
Property crime 30.6 31.3 33.2 19.1 14.4 27.6 31.
African respondents were more likely than other population groups to have been victims of violent and property crimes. Male respondents were more likely than female respondents to have been victims of violent crime, 17% compared to 12%. Female and male respondents were almost equally likely to have been victims of property crimes.
Respondents who were resident in informal housing with medium service (29%) were the most likely to have indicated that they felt very unsafe walking in their area during the day. In contrast, those respondents resident in traditional housing with low service levels (73%) were most likely to feel very safe.
Very safe 41.3 43.9 54.0 16.1 31.6 72.9 45.
Fairly safe 53.8 41.4 40.9 30.8 35.6 24.3 38.
Bit unsafe 3.0 10.6 2.9 24.5 21.4 2.2 10.
Very unsafe 1.5 3.7 1.1 28.7 11.4 0.0 5.
Over half (54%) of those respondents resident in formal housing with high service levels and high income indicated that they felt safe. Approximately two-fifths of those resident in formal housing, with high service and medium income (41%) felt this way. This group was more likely to have said they felt unsafe.
Very safe 45.8 48.7 36.0 65.7 72.8 26.1 45.
Fairly safe 41.5 34.7 60.1 25.4 24.4 34.4 38.
Bit unsafe 9.4 8.7 2.5 7.5 2.2 22.8 10.
Very unsafe 3.1 5.3 1.4 1.5 0.0 16.8 5.
African respondents resident in informal areas were the most likely to have felt very unsafe. Approximately one-sixth (17%) of the African respondents in informal areas felt very unsafe, compared to 3% in formal and none in the traditional areas.
Very safe 6.8 5.9 12.7 4.9 4.3 15.1 7.
Fairly safe 37.5 17.0 28.6 6.3 15.7 28.2 21.
Bit unsafe 33.7 23.9 26.4 11.2 20.5 22.1 23.
Very unsafe 21.6 51.4 29.3 76.9 58.1 32.7 45.
Over three-quarters (77%) of the respondents resident in informal areas with medium service felt very unsafe. Nearly three-fifths (58%) of those resident in informal areas with low service felt the same way. Those resident in formal housing with medium service (13%) and those in traditional, low service housing (15%) were the most likely to have perceived themselves to be very safe walking in their area at night time.
Very safe 5.4 18.7 6.1 16.4 14.8 3.5 7.
Fairly safe 18.5 12.0 39.9 35.8 28.3 13.3 21.
Bit unsafe 24.3 32.7 30.6 19.4 22.1 17.6 23.
Very unsafe 50.1 31.3 22.7 28.4 32.8 64.4 45.
African respondents resident in informal areas were the most likely to have felt very unsafe. Nearly twothirds (64%) of the African informal residents felt very unsafe walking in their area at nighttime. Half (50%) of the African formal residents felt very unsafe. A much larger proportion of African formal area residents felt very unsafe than the Coloured (31%), White (23%) and Asian (28%) formal area respondents.
Respondents were asked to identify what they thought the most serious problems were in Buffalo City.
Unemployment 30.9 55.9 68.0 79.5 63.9 64.4 58.
Crime 84.1 73.2 56.6 90.9 63.2 39.0 67.
Rape 5.6 1.9 1.3 0.8 0.3 1.9 1.
Poverty 11.2 17.9 28.1 12.9 21.3 28.0 19.
Cost of living 7.3 15.2 19.3 4.5 12.8 21.6 14.
AIDS/ health related issues 2.6 5.0 7.9 2.3 4.1 4.5 4.
Rates 10.7 4.1 0.0 0.0 0.0 0.0 3.
Water, electricity, refuse 2.1 8.8 7.9 0.8 9.5 13.6 8.
Litter, hawking, noise, street children, over population 68.2 10.8 3.5 6.1 4.1 1.1 14.
Housing service costs 2.6 7.4 5.7 14.4 18.6 4.5 8.
Interpersonal (racism, gossip, family problems) 2.1 2.9 2.6 6.8 1.0 4.2 2.
Other 0.9 2.2 2.2 0.0 0.3 5.3 2.
Traffic, transport 18.9 9.2 3.9 1.5 3.0 9.1 8.
Lack of recreational facilities 7.3 2.8 2.6 0.8 0.3 0.8 2.
Social problems (alcohol, drug abuse, child abuse, prostitution) 5.6 12.4 7.5 18.9 6.4 2.3 9.
Across the groups, unemployment and crime were identified among the top two serious problems found in Buffalo City. Nearly seven-tenths (68%) of respondents living in formal housing, with high services and high income listed litter, noise, hawking, overcrowding i.e. inner city decay as one of the problems in Buffalo City. Nearly one-fifth (18%) of respondents living in formal housing, with a high level of service provision and medium income listed poverty as a problem, as did those in formal housing with a medium level of service provision (28%). Nearly one-fifth (19%) of those living in informal areas with a medium level of service identified social issues among the problems faced in Buffalo City. These issues included alcohol and drug abuse, child abuse and prostitution. Those living in informal areas (21%) and in traditional areas (28%) with low levels of service provision identified poverty as a problem.
Respondents were asked about public transport in Buffalo City.
Respondents were asked to indicate their main mode of transport.
Walk 13.8 66.9 5.4 48.3 4.7 46.2 1.5 7.8 10.5 61.
Motor bike/bike 1.3 0.1 5.4 1.7 0.0 0.0 1.2 0.7 1.4 0.
Bus 1.3 0.9 1.1 0.0 2.4 0.8 1.2 4.7 1.4 1.
Train 1.7 0.6 2.2 0.0 0.0 0.0 0.0 0.0 1.3 0.
Minibus taxi 67.9 20.8 25.0 5.0 65.1 25.6 2.0 1.4 53.6 19.
Motor car 11.0 2.9 40.2 11.7 23.7 12.6 91.1 81.7 28.1 9.
Lift club 0.7 0.1 17.4 11.7 2.4 2.9 0.5 1.7 1.5 0.
Among the African respondents, the majority of the household members travelled to work (68%) using a minibus taxi. Two-thirds (67%) travelled to school by walking. Nearly three-fifths (58%) of the Asian household members travelled to work by car or with a lift club and nearly half (48%) travelled to school by walking. Approximately two thirds (65%) of the Coloured household members travelled to work using a minibus taxi. Over two-fifths (46%) of the Coloured household members travelled to school by walking. Among the White respondents, the majority travelled to work (91%) and school (82%) via car.
Respondents were asked to indicate how long a trip takes them by population.
<15 minutes 17.6 65.1 18.8 51.0 24.1 15 - 30 minutes 46.9 32.6 53.6 43.3 46.3 30 minutes - 1 hour 25.6 2.3 23.2 5.7 21.9 1 hour - 11/2 hours 8.1 0.0 2.9 0.0 6.3 11/2 hours - 2 hours 0.8 0.0 0.0 0.0 0.
>2hours 1.0 0.0 1.4 0.0 0.
As the table above indicates, the majority of the Asian (65%) and the White (51%) respondents had 15 or less minutes of travelling time to get to their place or work or study. However, most of the African and Coloured respondents had a longer travelling time.
Respondents were asked to indicate how much they spent on public transport.
Over two-fifths of the respondents using both taxi (44%) and buses (44%) spent between R5 and R10 a day on transport. This translates into R100 or more a month on transport.
Respondents were asked several questions on their perceptions of the new Buffalo City Municipality.
Respondents were asked to indicate whether they have seen any deterioration or improvements in their neighbourhood.
Improvement 14.4 17.1 23.6 9.8 6.3 20.1 16.
Deterioration 18.2 20.1 12.0 9.8 15.7 10.1 16.
No change 67.4 62.3 63.4 80.4 78.1 68.7 67.
The majority of respondents across all the segments indicated believe that there has been no change in their area. For those that believed that changes had occurred, they were more likely to report that a deterioration had taken place rather than an improvement.
Improvement 19.7 8.7 15.1 16.4 20.2 7.5 16.
Deterioration 19.6 22.7 14.4 4.5 10.1 13.9 16.
No change 60.4 64.7 70.5 79.1 68.6 78.7 67.
The majority of respondents across the housing types indicated that there have been no change in their area. There is no significant difference in responses for the different housing types.
Crime 28.3 36.7 8.8 33.3 10.4 5.9 27.
Unemployment 2.2 29.0 44.1 33.3 22.9 44.1 27.
Roads and related infrastructure 15.2 8.6 5.9 0.0 10.4 17.6 9.
Water supply 2.2 2.4 8.8 8.3 4.2 11.8 4.
Street children and vagrants 6.5 0.5 0.0 0.0 0.0 0.0 1.
Street lights are too dull 2.2 5.2 5.9 33.3 4.2 14.7 6.
Litter, dirt 30.4 15.7 0.0 8.3 10.4 0.0 13.
Overcrowding 0.0 1.0 0.0 0.0 0.0 2.9 0.
Shacks, squatter camps 13.0 4.3 0.0 8.3 6.3 2.9 5.
Drainage 4.3 1.9 0.0 0.0 0.0 0.0 1.
Drugs, alcohol, shebeens, brothels 6.5 7.1 14.7 0.0 0.0 0.0 6.
Noise 6.5 0.0 0.0 0.0 0.0 0.0 0.
Refuse 13.0 3.3 0.0 0.0 4.2 0.0 3.
Health issues 2.2 1.9 0.0 0.0 0.0 0.0 1.
Sanitation 2.2 1.0 0.0 8.3 10.4 11.8 3.
Electricity 2.2 3.3 8.8 8.3 6.3 8.8 4.
Poverty, economic conditions 4.3 19.5 26.5 25.0 16.7 20.6 18.
Lack of shops, banks, recreational & health facilities 23.9 13.3 14.7 0.0 10.4 11.8 13.
Services and facilities, 2.2 3.8 8.8 0.0 22.9 14.7 10.
Other 4.3 10.0 8.8 8.3 0.0 2.9 3.
Litter and dirt were the most important deterioration detected by the FHS households and crime is the most important deterioration for the FH households. The FM, TL and IL segments felt that unemployment is the largest reason for deterioration.
Crime 27.4 86.7 18.4 0.0 5.9 13.8 27.
Unemployment 34.2 3.3 2.6 0.0 44.1 25.9 28.
Roads and related infrastructure 7.3 3.3 26.3 0.0 17.6 8.6 9.
Water supply 3.7 0.0 2.6 0.0 11.8 5.2 4.
Street children and vagrants 0.5 0.0 7.9 0.0 0.0 0.0 1.
Street lights are too dull 4.6 0.0 7.9 33.3 14.7 10.3 6.
Litter, dirt 14.2 3.3 36.8 33.3 0.0 10.3 13.
Overcrowding 0.5 0.0 2.6 0.0 2.9 0.0 0.
Shacks, squatter camps 4.6 3.3 7.9 33.3 2.9 6.9 5.
Drainage 1.4 0.0 7.9 0.0 0.0 0.0 1.
Drugs, alcohol, shebeens, brothels 9.1 6.7 2.6 0.0 0.0 0.0 6.
Noise 0.5 0.0 2.6 33.3 0.0 0.0 0.
Refuse 5.0 0.0 5.3 0.0 0.0 3.4 3.
Health issues 2.3 0.0 0.0 0.0 0.0 0.0 1.
Sanitation 0.9 0.0 2.6 0.0 11.8 10.3 3.
Electricity 5.0 0.0 0.0 0.0 8.8 6.9 4.
Poverty, economic conditions 22.4 3.3 5.3 0.0 20.6 19.0 18.
Lack of shops, banks, recreational & health facilities 19.2 0.0 5.3 0.0 11.8 8.6 13.
Services and Facilities 11.0 3.3 2.6 0.0 2.9 17.2 10.
Other 5.0 0.0 0.0 33.3 14.7 1.7 3.
Many respondents in formal African, informal African and traditional African areas believe that unemployment is the largest deterioration they have seen in their community. Respondents in formal African areas believe it is littering and the overwhelming majority in Coloured areas believe it is crime.
Roads upgraded, taxi rank developed 50.0 55.8 9.2 7.1 4.5 4.2 33.
Water supply 0.0 6.1 55.4 42.9 40.9 40.3 23.
Electricity 0.0 22.7 76.9 7.1 22.7 79.2 39.
Houses built 2.6 7.7 3.1 0.0 13.6 0.0 5.
Library, crèche, schools 0.0 5.5 3.1 0.0 0.0 4.2 3.
Pavements 7.9 3.3 0.0 0.0 9.1 0.0 2.
Clinics 0.0 2.2 1.5 7.1 0.0 4.2 2.
Community halls, recreational facilities 7.9 2.2 0.0 0.0 0.0 15.3 4.
Community growth and development 0.0 6.1 4.6 7.1 13.6 1.4 4.
Cleaning services 18.4 9.4 1.5 0.0 0.0 0.0 6.
Municipal services 0.0 3.3 1.5 7.1 18.2 0.0 3.
Crimes decreased, police services improved 2.6 5.0 6.2 7.1 9.1 0.0 4.
Post and telecommunications improved 0.0 1.7 9.2 7.1 9.1 9.7 4.
Sanitation 0.0 2.8 4.6 64.3 31.8 11.1 8.
Shopping centre 31.6 2.8 0.0 0.0 0.0 0.0 4.
Roads have been the most important improvements for the FHS and FH segments. The FM segment believed that water and electricity were the most important improvements in their area and the water and sanitation were the most important improvements sited in the IM areas. Water, electricity and sanitation improvements in IL areas were mentioned. Water and electricity were also the most important improvements noted in traditional low service areas.
Roads upgraded, taxi rank developed 43.8 41.7 33.3 100.0 4.2 5.6 33.
Water supply 21.0 0.0 2.4 0.0 40.3 41.7 23.
Electricity 40.6 0.0 4.8 0.0 79.2 16.7 39.
Houses built 5.9 8.3 7.1 0.0 0.0 8.3 5.
Library, crèche, schools 3.7 8.3 7.1 0.0 4.2 0.0 3.
Pavements 0.9 25.0 9.5 0.0 0.0 5.6 2.
Clinics 1.8 0.0 2.4 0.0 4.2 2.8 2.
Community halls, recreational facilities 0.5 0.0 14.3 0.0 15.3 0.0 4.
Community growth and development 4.1 16.7 7.1 0.0 1.4 11.1 4.
Cleaning services 9.6 8.3 7.1 0.0 0.0 0.0 6.
Municipal services 3.2 0.0 0.0 0.0 0.0 13.9 3.
Crimes decreased, police services improved 4.1 16.7 7.1 0.0 0.0 8.3 4.
Post and telecommunications improved 4.1 0.0 0.0 0.0 9.7 8.3 4.
Sanitation 3.2 8.3 0.0 0.0 11.1 44.4 8.
Shopping centre 2.3 0.0 28.6 0.0 0.0 0.0 4.
Formal African respondents listed roads, water and electricity improvements in their areas as the most important. Formal Coloured respondents sited roads and pavements as the most important improvements, and Formal White areas indicated that roads and shopping centres are to them the most important improvements. All Formal Asian areas felt that roads were the most important improvement. Finally, Informal African respondents cited water, sanitation and electricity.
Yes 48.5 65.2 41.9 87.2 53.
No 51.5 34.8 58.1 12.8 47.
Slightly more than half the respondents knew of the establishment of the new Buffalo City. Over half of the African and Coloured respondents were unaware of this however 65% of Asians and 87% of Whites stated that they were aware of the formation of Buffalo City.
Yes 44.9 68.3 54.0 24.0 43.
No 55.1 31.7 46.0 76.0 56.
More than two-thirds of Asian respondents (68%) and 54% of Coloured respondents believed that they would benefit from the new Buffalo City. Less than half of African respondents (44.9%) and less than a quarter of White respondents (24.0%) believed that they would benefit from living in the new Buffalo City.
Radio 42.6 51.7 14.4 43.5 41.
Newspapers 28.4 67.2 37.3 81.9 37.
Television 17.8 53.4 12.7 9.6 17.
Word of Mouth 46.5 44.8 20.3 39.8 43.
Over half of Asian respondents indicated that they did follow development about the formation of the new Buffalo City municipality over the radio (51.7%), in newspapers (67.2%) and on television (53.4%). The majority of White respondents followed the developments in the newspapers (81.9%) and 43.5% followed it over the radio. Less than half of the African respondents followed the developments either on radio (42.6%) or through word of mouth (46.5%). Overall, it seems that word of mouth was the most successful strategy followed by the radio and then newspapers.
CONCLUSION There were large differences amongst residents with respect to their income, expenditure and savings patterns.
Average Income (Rands) 1 493.44 5 157.27 2 846.40 10 546.67 2 655.
Average expenses (Rands) 1 651.53 2 707.53 2 741.52 5 498.74 2152.
On average, African respondents reported higher expenditure than income. This may indicate an inclination to utilise credit, or simply that living expenses exceed income. Whereas Coloured respondents accounted for most of their income through the expenses and savings listed, White and Asian respondents had more disposable income after expenses and savings.
More than two-thirds of residents in Buffalo City, irrespective of housing segment or type, believe that there has been no deterioration or improvements in their neighbourhoods. Overall, an equal percentage of residents believed that their neighbourhoods have either deteriorated or improved. Slightly more respondents in Formal Coloured and Informal African areas believed that their neighbourhood has deteriorated, while marginally more residents in Formal Asian and Traditional African areas believed that their neighbourhoods had improved.
Street lights are too dull 2.2 5.2 5.9 33.3 4.2 14.7 6.5 4.7 4.2 3.9 3.
Street lights are too dull 4.6 0.0 7.9 33.3 14.7 10.3 6.5 4.7 4.2 3.9 3.
The table above contains some of the reasons noted for perceived deterioration in neighbourhoods. It seems that residents believe that crime, unemployment and other community problems are more important causes of community deterioration than household municipal services. Not any significant number of residents sited lack of or poor municipal services as reasons for deterioration.
The above was confirmed when residents were asked to note the largest problems in Buffalo City. The majority of residents in Buffalo City by housing segment (with the exception of the majority of residents in Traditional Low serviced areas) are worried about the crime levels in the city. Most residents (but only 30% in Formal High Income High Serviced areas) also see the high levels of unemployment in Buffalo City as a serious problem.
Some of the perceived reasons for improvement of neighbourhoods as contained in the table above, are in keeping with many of the household and community priorities listed in section 7 and 8 of this report. Electricity were the main reason for perceived improvements in Traditional Low Serviced African Areas. The upgrade of roads was the most important reason for perceived improvements in most formal areas.
As far as household service priorities are concerned, about one-third of all households prioritised an upgrade of their water supply. About a third of the FH group and over a third of the FM group wanted their water supply upgraded. More than a quarter of the informal low serviced grouping prioritised water first. Almost half of the traditional low serviced areas prioritised new water supply. The IM grouping was the exception where over half prioritised toilets. Many of the FHS grouping did not prioritise any household service, as the municipal services in their area were deemed adequate. Toilets were the second priority of one-tenth to one-fifth of all other respondents, except the IM grouping which made water their second priority. It is safe to assume that many of the household respondents that did not record water as their first priority felt that it should be their second priority. Electricity was overall the third priority in the FM grouping. Almost a quarter of the household respondents in IM and IL made refuse removal their third priority. Refuse removal was generally placed fourth by respondents.
An analysis of service upgrade priorities by housing type show that over one-third of Formal African households prioritised upgrade of water supply as their first priority followed by almost half of households in traditional African communities. Formal Coloured and informal African households prioritised toilets. Formal White and Asian respondents indicated that refuse removal is a first service upgrade priority. Upgrade of toilets was the second priority for Formal African and Traditional. Refuse removal was the third priority for informal African households and electricity for traditional African communities. Refuse removal was could be seen as the fourth priority for Formal African, Coloured and Traditional African communities.
Overall, health services were rated as the first general community upgrade priority, followed by road surfaces and thirdly street lighting. A quarter of the FHS households wanted pavements upgraded, followed by FH households that wanted police services upgraded. Formal medium serviced households and traditional African households noted education services as their first upgrade priority. More than one-third of informal low serviced communities felt roads and road surfaces in their communities need upgrading. In contrast, many of the Formal areas indicated the upgrade of roads and road surfaces as one reason for perceived improvement of the area. However, the priority informal areas is confirmed because, the informal areas did not give roads as a reason for improvement (see above table). Further confirmation is that informal medium serviced informal and traditional low service areas wanted road surfaces upgraded as second community priority.
Formal African households prioritised health services as the first priority and parks as the second, third, fourth and fifth priority. Formal Coloured areas also put health services as the first priority followed by police services, then parks. Traditional African households also put health services as the first priority followed by road surfaces, community halls and street lighting. Informal African households prioritised street lighting and education facilities.
An analysis of levels of satisfaction of services according to their housing and service segments reveals the following. Overall, the Formal High income, high service segment seemed satisfied with most of the proposed services. However, pension payout points and bus transportation in these areas were not as satisfying the latter possibly because many of these households have access to private transport.
Households in the formal housing high service areas recorded marginally smaller satisfaction levels, but over half of all these households were satisfied with all the listed services. The lowest recorded service satisfaction levels were for Ambulance services, new low cost housing and parks or recreational open spaces. Formal medium serviced households were generally less satisfied, than their higher serviced counterparts, but only four services cause less than fifty percent satisfaction rates. These were ambulance services, new low cost housing, road surfaces, and sports facilities.
Informal medium serviced areas were generally dissatisfied with the majority of services, particularly with Police, Hospital, Fire and Ambulance services. They were generally dissatisfied with water supply, sanitation street lighting, road surfaces, storm water drains, pavements and signposting. However, the majority was satisfied with their access to electricity supply and about half with refuse removal. This is in line with the priorities identified by this group.
Informal low service areas, overall, were satisfied with a greater number of services than the medium serviced informal households. More than half the respondents were satisfied with electricity and refuse removal, but were generally dissatisfied with water supply and sanitation as well as road surfaces and health services. Again, this is in line with the priorities identified by this group. Traditional low serviced areas recorded dissatisfaction with a number of services including roads, ambulance, fire services, sports facilities and sanitation. Nevertheless, they were generally satisfied with refuse removal and electricity supply and half were satisfied with their water supply.
The majority of Formal African households noted high levels of satisfaction. Over half of all these respondents were satisfied with all services. The lowest recorded satisfaction levels were for ambulance services and new low cost housing.
Over half of the Formal Coloured respondents indicated that they were satisfied with most the services. Formal Asian respondents just like Formal White respondents, recorded exceptionally high satisfaction rates. Traditional African communities have no access to many services such as high and low cost housing, signposting of roads, pavements and libraries. More than half the households felt dissatisfied with police services, ambulance services, the fire department, sports facilities and sanitation. It should be noted that nine out of ten respondents in the traditional African areas were dissatisfied with the road surfaces in their area.
Households in informal African areas were on average dissatisfied with many of the listed services. However, more than half were satisfied with the public telephones, electricity supply, public schools, community halls, train or mini bus services and refuse removal in their areas, but not with water and sanitation.
More than half the residents interviewed believed that they would not benefit from the new Buffalo City, but it could be that more education is needed around the benefits. Given that many people received information via word of mouth, many misconceptions could have been formed. The radio and newspapers seem to be the strongest information dissemination tools to reach the residents in Buffalo City.
Access to .7%.
of recreational .3%.
Drops may be .1%.
Research quality of .3%.
Municipal .6%.
Municipality too .3% 6.
Attraction to .0%.
Delivery of .0% 1.
Over one-third of respondents that felt that they would benefit from living in the new Buffalo City Municipality, believed that the benefits would be in the form of more employment opportunities. Less than one-tenth indicated that they believe there would be an improvement of community services.
<fn>GOV-ZA.2001febEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2001septEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2001sheriffEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2001summaryfindingsEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2002010801En.2012-02-10.en.txt</fn>
The National Treasury wishes to announce changes in the funding strategy for the 2001/02 fiscal year.
The syndicated loan of US$1.5 billion concluded by the South African Reserve Bank (SARB) and the National Treasury as a co-borrower in July 2001, will be drawn on the 14th of January 2002. The draw-down of this loan will further reduce the net open foreign exchange position (NOFP) of the SARB and ensure that the National Treasury is within its target of eliminating the NOFP by the end of the next fiscal year.
The sale of Transnet's stake in M-Cell for US$475million and the declaration of a special dividend by Transnet will contribute to the additional finance available to the National Treasury.
In the light of the strong fiscal position, the National Treasury has reviewed its 2001/02 funding strategy , and is announcing buy-back auctions for Monday 14th and Tuesday 15th January 2002 of the former homeland bonds and the R175 bond to the value of R15 billion.
This buy back is consistent with the National Treasury's debt management strategy which seeks to buy back all the illiquid government bonds and issue into more liquid benchmark bonds. The impact of this will enhance the liquidity and efficiency of the bond market thereby reducing the government's borrowing costs. The reduction in the government debt servicing costs will further release resources for spending in key priority areas such as education, health, security and social welfare to the poor.
<fn>GOV-ZA.2002011001En.2012-02-10.en.txt</fn>
The National Treasury has resolved to fix the price of ex-homeland bonds at 30 basis points above the R150.
Please note that the National Treasury has reviewed the price per previous buy-back auction of ex-homeland bonds in line with the recent changes in the market conditions.
<fn>GOV-ZA.2002011901En.2012-02-10.en.txt</fn>
During February 2001, it was announced that the National Treasury plans to set up a Separate Trading of Registered Interest and Principal of Securities (STRIPS) facility.
A working document, and a National Treasury Paper on STRIPS was distributed to market participants for comment on 30 March 2001 and 2 October 2001 respectively. Following the comments received from the market and extensive consultation with the Bond Exchange of South Africa and the Central Depository, all the requirements to implement a strip programme in Government bonds have now been met.
The Central Depository has confirmed that the testing of all system functionalities with market participants have been completed successfully.
Although anyone can trade or hold strips, only primary dealers in Government bonds, who have entered into a strip agreement with the National Treasury will be authorised to perform stripping and reconstitution through the National Treasury facility.
The authorised Primary Dealers are: Nedcor Investment Bank (NIB), Standard Corporate and Merchant Bank (SCMB) and Rand Merchant Bank Limited (RMB).
The strip programme in government bonds will start on Monday, 21 January 2002.
The National Treasury's Paper on Strips containing all information and documentation on the strip programme, is available on the National Treasury's web pagewww.treasury.gov.
The National Treasury would like to thank all market participants for their contribution in setting up the strip programme.
Issued on 18 January 2002.
Johan Redelinghuys Tel: (012) 315 5297 Fax: (012) 326 7552 e-mail: johan.redelinghuys@treasury.gov.z?
Phakamani Hadebe Tel: (012) 315 5486 Fax: (012) 326 7552 e-mail: phakamani.hadebe@treasury.gov.z?
<fn>GOV-ZA.2002012101En.2012-02-10.en.txt</fn>
Exchange Size (Maximum) : R 7, 146, 440, 000.
<fn>GOV-ZA.2002012102En.2012-02-10.en.txt</fn>
R177 14.50% 15 May 2007 2,410,889,125.
R179 10.00% 01 August 2013 60,000,000.
<fn>GOV-ZA.2002012301En.2012-02-10.en.txt</fn>
Issuer: Republic of South Africa Size: $250 million Coupon: 9.
At the request of two large long-term international investors, the Republic re -opened its USD 2009 bond for $250 million. The private placement was priced attractively at levels below the current market rates. This request came despite the current volatility in the domestic Rand market. This is another vote of confidence in the sound macroeconomic fundamentals and governance of the Republic by international investors.
Proceeds of this bond will be used to further reduce the NOFP.
<fn>GOV-ZA.2002017talhealthcareEn.2012-02-10.en.txt</fn>
'State patient' means a person so classified by a court directive in terms of section 77 (6) (a) (i) or 78 (6) (i) (aa) of the Criminal Procedure Act. [Definition of 'State patient' substituted by s. 19 of Act 55 of 2002.
'voluntary care, treatment and rehabilitation' means the provision of health interventions to a person who gives consent to such interventions.
This Act must be interpreted in a manner that is consistent with the objectives of this Act.
In the event of any conflict arising between this Act and any other law other than the Constitution, this Act must prevail.
A designation referred to in subsection (1) may at any time be revoked or varied by the head of the national department with the concurrence of the head of the relevant provincial department.
The head of the national department must, with the concurrence of the heads of the relevant provincial departments in respect of health establishments designated in terms of section 5 (1), determine the nature of the care, treatment and rehabilitation services to be provided at every establishment so designated.
A health establishment providing inpatient secondary level care and treatment may not admit a mental health care user for more than two months unless authorised by a mental health care practitioner in charge of that part of the health establishment.
Tertiary level mental health care, treatment and rehabilitation services may be provided at a tertiary health establishment or a psychiatric hospital designated in terms of section 5 (1).
Persons providing care, treatment and rehabilitation services must provide such services in a manner that facilitates community care of mental health care users.
The rights and duties of persons, bodies or institutions set out in this Chapter are in addition to any rights and duties that they may have in terms of any other law.
In exercising the rights and in performing the duties set out in this Chapter, regard must be had for what is in the best interests of the mental health care user.
him or her or others.
Any determination concerning the mental health status of any person must be based on factors exclusively relevant to that person's mental health status or, for the purposes of giving effect to the Criminal Procedure Act, and not on socio-political or economic status, cultural or religious background or affinity.
A determination concerning the mental health status of a user may only be made or referred to for purposes directly relevant to the mental health status of that user.
A person or health establishment may not disclose any information which a mental health care user is entitled to keep confidential in terms of any other law.
Despite subsection (1), the head of the national department, a head of provincial department or the head of a health establishment concerned may disclose such information if failure to do so would seriously prejudice the health of the mental health care user or of other people.
15 Right to representation appearing before a magistrate, judge or a Review Board, subject to the laws governing rights of appearances at a court of law.
The Review Board referred to in subsection (1) may be established for a single, a cluster or all health establishments providing mental health care services in that province.
make available other resources, to the Review Board to enable it to perform its administrative functions.
The Review Board may, when performing its functions, consult or obtain representations from any person, including a person or body with expertise.
The Review Board consists of no fewer than three persons and no more than five persons who are South African citizens appointed by the relevant member of the Executive Council in each province.
dies or becomes incapable of doing his or her work for a consecutive period of six months.
When a vacancy in the Review Board has arisen as referred to in subsection (1) for appointing members of the Review Board, the procedure referred to in section 20 (3) applies.
A decision taken by the Review Board is not invalid only by reason of a casual vacancy in the Review Board when such decision was taken.
The relevant member of the Executive Council may with the concurrence of the member of the Executive Council responsible for finance determine the remuneration, travelling expenses, subsistence allowance and other allowances to be paid to the member of the Review Board who is not in the full-time employment of the State.
Members of the Review Board may determine the procedure for appointing an acting chairperson if the chairperson is not able to preside over a meeting of the Review Board.
Whenever a Review Board is considering a matter that involves a health establishment at which one of the members of the Review Board is a mental health care practitioner, that practitioner may not be involved in the consideration of the matter.
The applicants referred to in paragraph (a) must have seen the mental health care user within seven days before making the application.
An application referred to in subsection (1) may be withdrawn at any time.
On receipt of the application, the head of a health establishment concerned must cause the mental health care user to be examined by two mental health care practitioners.
Such mental health care practitioners must not be the persons making the application and at least one of them must be qualified to conduct physical examinations.
report on its findings and the steps taken to the head of the relevant provincial department.
If at any stage before the completion of the investigation, an appeal is lodged in terms of section 29, the Review Board must stop the investigation and consider the appeal in question.
send a written notice of its decision together with reasons for such decision to the appellant, applicant, head of the health establishment in question and the relevant mental health care practitioner.
If the Review Board upholds an appeal, all care, treatment and rehabilitation services administered to a mental health care user must be stopped according to accepted clinical practices and the user, if admitted, must be discharged by the health establishment, unless the user consents to the care, treatment and rehabilitation services.
make recommendations regarding a plan for further care, treatment and rehabilitation services.
The head of the health establishment concerned must comply with the decision of the Review Board.
If the head of a health establishment, at any stage after approving an application for assisted care, treatment and rehabilitation services, has reason to believe from personal observation, from information obtained or on receipt of representations by the user that an assisted mental health care user has recovered the capacity to make informed decisions, he or she must enquire from the user whether the user is willing to voluntarily continue with care, treatment and rehabilitation services.
The head of the health establishment must advise the persons referred to in subsection (3) (b) that they may make an application within 30 days of receipt of such report to the head of the relevant health establishment to provide involuntary care, treatment and rehabilitation services to the user and that sections 32 and 33 apply.
If the application is not made within 30 days, the assisted mental health care user must be discharged.
state the date, time and place where the user was last seen by the applicant within seven days before making the application.
The head of the health establishment may cancel the discharge and request the user to return to the health establishment on an involuntary inpatient basis, if he or she has reason to believe that the user fails to comply with the terms and conditions of such discharge.
If the Review Board does not uphold the appeal, it must submit the documents referred to in subsection (2) (a) and (d) to the Registrar of a High Court for the review by the High Court.
make recommendations regarding a plan for further care, treatment or rehabilitation service.
The head of the health establishment must submit a copy of the report to the applicant to enable the applicant to submit representations to the Review Board on the merits of the transfer.
Within 14 days of receipt of the order, the head of the provincial department concerned must make the necessary arrangements with the appropriate health establishment and effect the transfer as ordered.
officer in charge of the detention centre where the State patient is or will be detained.
Transfer may only be done if it is necessary for the care, treatment and rehabilitation of the State patient concerned.
On issuing the order, the Review Board concerned must forward a copy of the order concerned to the head of the national department.
The person responsible for effecting a transfer in terms of this section must, in writing, notify the official curator ad litem.
The head of a health establishment may, in writing, grant leave of absence to a State patient from a designated health establishment.
must make written recommendations regarding the issues referred to in subsection (2); and must send the written recommendation and reasons to the head of the health establishment concerned.
may call for further information and assistance from the applicant, mental health practitioner or a relevant curator, as may be necessary to process the application.
discharge order was made; and the head of the health establishment may apply to the Registrar of the High Court concerned for an order amending the conditions or revoking the conditional discharge, and forward a copy of the application to the official curator ad litem.
The head of the national department must, with the concurrence of the heads of the provincial departments, designate health establishments which may admit, care for, treat and provide rehabilitation services to mentally ill prisoners.
The person conducting the enquiry must submit a written report to the head of the prison, and must specify in the report the mental health status of the prisoner; and a plan for the care, treatment and rehabilitation of that prisoner.
If the person conducting the enquiry referred to in section 50, finds that the mental illness of the convicted prisoner is of such a nature that the prisoner concerned could appropriately be cared for, treated and rehabilitated in the prison, the head of the prison must take the necessary steps to ensure that the required levels of care, treatment and rehabilitation services are provided to that prisoner.
the prisoner should be cared for, treated and rehabilitated at a health establishment designated in terms of section 49, the magistrate must issue a written order to the head of the prison to transfer the prisoner concerned to that health establishment according to the procedure set out in section 54; or the prisoner need not be cared for and treated in a health establishment designated in terms of section 49, but instead be cared for and treated in the prison in which the convicted prisoner is in custody, the magistrate must issue a written order to the head of the prison to take the necessary steps to ensure that the required levels of care and treatment are provided to the prisoner concerned.
The head of the prison must, within 14 days of receipt of the notice of the details of the transfer, cause the mentally ill prisoner to be transferred to the specified health establishment.
The head of the national department may from time to time order the transfer of a mentally ill prisoner from one health establishment designated in terms of section 49 to another if it is necessary for the care, treatment and rehabilitation of the mentally ill prisoner.
The Review Board must forward a copy of the order in question to the head of the national department.
is thereafter responsible for the safe custody of the prisoner.
the merits of returning the mentally ill prisoner to the prison from which the prisoner was initially transferred.
inform the relevant magistrate in writing.
an order made by a High Court after an appeal or an enquiry referred to in section 60 or 61, respectively, stating that such person is incapable of managing his or her property and that an administrator be appointed.
The investigation must be finalised within 60 days of being instituted or such extended periods as may be granted by the Master.
The Master must, in writing, inform the applicant and the mentally ill person or person with severe or profound intellectual disability of his or her decision and the reasons thereof.
The Master must, within 60 days of being notified of the recommendation by the High Court judge in chambers, cause an investigation to be conducted to determine a suitable candidate to be appointed as administrator for the person concerned and appoint the administrator.
paid out of the estate of the mentally ill person or if the Master or the High Court judge in chambers is of the view that the application was trivial or vexatious, out of the property of the applicant; and determined by the Master after consultation with the person conducting the investigation.
determined by the Master after consultation with the person conducting the investigation.
An appointment of an administrator is effective from the date on which a Master of a High Court signs an official notice of such appointment.
(a) An administrator must, before a Master of a High Court signs an official notice of appointment, lodge security with the relevant Master of the High Court of an amount to be determined by the Master.
increase the amount of security to be paid by that administrator, or appoint a co-administrator, and all acts relating to the property of the person concerned must be done with the consent of both administrators.
the purchase or acquisition was, in writing, legally authorised by that person before that administrator was appointed.
The Minister may, in any regulation made under this Act designate as authoritative any published methodology, procedure, practice or standard that is generally recognised as authoritative within the relevant profession; and require any person or body to comply with that designated methodology, procedure, practice or standard.
Any regulation regarding the South African Police Service must be made with the concurrence of the Cabinet member responsible for safety and security.
Any regulation regarding education must be made with the concurrence of the Cabinet member responsible for education.
Any regulation regarding the appointment of an administrator including the threshold amounts for the appointment of a Master of a High Court as administrator and conditions for such appointment, must be made with the concurrence of the Cabinet member responsible for justice and constitutional development.
impose, vary or withdraw any condition in a regulation; or grant, vary or withdraw an exemption in a regulation.
The Minister may not vary or withdraw any condition or exemption made under this Act unless a person or body affected made representation to that effect.
Any person who is found guilty of an offence under this Act is liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
A person or body to whom any power is delegated may exercise that power subject to the direction of the Minister or relevant member of the Executive Council.
Any right or privilege acquired or any obligation or liability incurred as a result of a decision made in terms of a delegated power referred to in subsection (1) cannot be affected by any subsequent withdrawal or amendment of that decision.
The transitional arrangements in this section must be read and applied as substantive provisions of this Act.
until it is set aside or repealed.
<fn>GOV-ZA.2002021401En.2012-02-10.en.txt</fn>
At close of business on Saturday 09 February I placed the SAAMBOU Bank under curatorship. This was a difficult decision arrived at after considering a range of options.
I start from the premise that managing a bank is more than merely running a business for profit. Banks manage the savings of depositors. They can only perform this function if very high levels of trust exist between the institution and its depositors. For this reason, banks perform a profoundly important social function.
This is the basic premise of the Banks Act. Banks are, therefore licensed to perform this function. The condition of the license is that the holders are fit and proper and understand the social function. The license requires the bank to comply with a set of criteria including maintaining capital adequacy and filing regular returns with the Registrar of Banks.
This entire system is designed to maintain the elements of trust and confidence. When these elements are eroded, options have to be evaluated - this is what happened in respect of SAAMBOU.
It is important to emphasize that South Africa's banking system is essentially sound. We have 41 registered banks and the breach in confidence at SAAMBOU is an exception. The health of our banking system has been confirmed in an independent Financial Sector Assessment undertaken jointly by the IMF and the World Bank which concluded that South Africa has a sound banking and regulatory environment and the South African Reserve Bank's lender of last resort procedures are appropriate and well-designed.
Recently, both Standard & Poors and Moody's reaffirmed the soundness of South Africa's financial system. Of particular importance here, is the fact that all rating agencies have cited South Africa's robust financial system a key credit strength.
To stem the abnormal outflow of funds from the bank which created liquidity pressures on the bank, and To stabilize a precarious situation which threatened depositors' fund?
Our actions were designed to protect the funds of depositors, in the wake of a marked loss of confidence in the bank and its management.
In examining options, we firmly held the view that to commit Government financial assistance to SAAMBOU Bank would not be prudent as there was no guarantee that those funds would either restore confidence or not be utilised to fund further large net outflows from depositors funds out of the bank.
Government views its responsibility as protecting the interests of depositors - the widows, workers and small businesses and not to bail out shareholders, who in any event assume the risk of their investment.
Curatorship was considered the mechanism which would best provide a certain, cost-effective and immediate solution.
Taking this decision was not without difficulties - the most glaring was the freezing of all accounts to enable the curator to acquaint himself with all of the detail. The appointment of the curator would also facilitate the orderly management of the bank's liquidity situation. I want to apologise to depositors for this inconvenience but say, at the same time, that this action is in their own best interest.
The curator must now facilitate the orderly management of the bank. The appointment of the curator vests the management of SAAMBOU in him, subject to the supervision of the Registrar of Banks.
The curator, Mr. John Louw, is also required to recover and take possession of the assets of SAAMBOU.
This situation is being handled sympathetically. Already the curator, in a statement dated 12 February 2002, stated, and I quote "With regard to deposits made subsequent to the imposition of curatorship on 09 February 2002, including salaries, the curator is in the process of putting in place procedures to allow depositors full access to all such deposit transactions." The same will apply to pensions.
Similarly, too, Mr. Louw is sympathetic to the position of people who live off interest from deposits placed with SAAMBOU.
The Registrar of Banks has advised that his office has no reason to believe that SAAMBOU is insolvent. The public must understand that the placing of SAAMBOU under curatorship does not relieve those persons who have contractural obligation with the bank from punctually meeting with them. Accordingly, people having financial commitments in respect of mortgages, business loans, vehicle finance, micro loans etc. must continue to meet these obligations.
The curator is acting as quickly as possible to address the pressing needs of depositors. Of the 520 000 depositors, 292 000 have accounts of R 4000 or less and are able to withdraw their full amounts if they so wish. Furthermore, the curator is now turning his attention to how to assist hardship circumstances and will make an announcement in this regard as soon as he is able to. He will ensure regular paid announcements through the media to keep depositors informed.
The act of curatorship is the placement of this bank in intensive care: The institution must be nursed back to strong health. I appeal to all to remain calm.
<fn>GOV-ZA.2002027En.2012-02-10.en.txt</fn>
To provide for a framework to ensure the effective implementation of the Rome Statute of the International Criminal Court in South Africa; to ensure that South Africa conforms with its obligations set out in the Statute; to provide for the crime of genocide, crimes against humanity and war crimes; to provide for the prosecution in South African courts of persons accused of having committed the said crimes in South Africa and beyond the borders of South Africa in certain circumstances; to provide for the arrest of persons accused of having committed the said crimes and their surrender to the said Court in certain circumstances; to provide for co-operation by South Africa with the said Court; and to provide for matters connected therewith.
enforce any sentence imposed or order made by the Court.
Despite anything to the contrary in any other law of the Republic, any person who commits a crime, is guilty of an offence and is liable on conviction to a fine or imprisonment, including imprisonment for life, or such imprisonment without the option of a fine, or both a fine and such imprisonment.
a ground for any possible reduction of sentence once a person has been convicted of a crime.
that person has committed the said crime against a South African citizen or against a person who is ordinarily resident in the Republic.
No prosecution may be instituted against a person accused of having committed a crime without the consent of the National Director.
No prosecution may be instituted against a person accused of having committed a crime if the crime in question is alleged to have been committed before the commencement of the Statute.
The National Director must, when reaching a decision on whether to institute a prosecution contemplated in this section, give recognition to the obligation that the Republic, in the first instance and in line with the principle of complementarity as contemplated in Article 1 of the Statute, has jurisdiction and the responsibility to prosecute persons accused of having committed a crime.
The Cabinet member responsible for the administration of justice must, in consultation with the Chief Justice of South Africa and after consultation with the National Director and, in writing, designate an appropriate High Court in which to conduct a prosecution against any person accused of having committed a crime.
If the National Director, for any reason, declines to prosecute a person under this section, he or she must provide the Central Authority with the full reasons for his or her decision and the Central Authority must forward that decision, together with the reasons, to the Registrar of the Court.
A decision by the National Director not to prosecute a person under this section does not preclude the prosecution of that person in the Court.
The President may, at the request of the Court and by proclamation in the Gazette, declare any place in the Republic to be a seat of the Court.
The Court has such rights and privileges of a South African court of law in the Republic as may be necessary to enable it to perform its functions.
The judges, the Prosecutor, the Deputy Prosecutors and the Registrar of the Court, when performing their functions in the Republic, shall enjoy such immunities and privileges as are accorded a representative of another state or government in terms of section 4 (2) of the Diplomatic Immunities and Privileges Act, 2001 (Act 37 of 2001).
The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry of the Court enjoy the privileges and facilities necessary for the performance of their functions in the Republic as may be published by proclamation in the Gazette in accordance with section 7 (2) of the Diplomatic Immunities and Privileges Act, 2001.
The Cabinet member responsible for foreign affairs may, after consultation with the Cabinet member responsible for the administration of justice and by notice in the Gazette, on such conditions as he or she considers necessary, confer immunities and privileges on any other member of the staff of the Court or any other person performing functions for purposes of this Act.
The name of any person who enjoys immunities or privileges in terms of this section must be entered into the register contemplated in section 9 (1) of the Diplomatic Immunities and Privileges Act, 2001, and sections 9 (2) and (3) of that Act apply with the necessary changes.
Any request received from the Court for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Court must be referred to the Central Authority and accompanied by such documents as may be necessary to satisfy a competent court in the Republic that there are sufficient grounds for the surrender of that person to the Court.
The Central Authority must immediately on receipt of that request, forward the request and accompanying documents to a magistrate, who must endorse the warrant of arrest for execution in any part of the Republic.
Where the Central Authority receives a request from the Court for the provisional arrest of a person who is suspected or accused of having committed a crime contemplated in the Statute or who has been convicted by the Court, the Central Authority must immediately forward the request to the National Director to apply for a warrant of arrest for that person.
the purpose of the arrest is to bring the person concerned before the Court or to take him or her to a place where he or she is to undergo imprisonment under a sentence of the Court, as the case may be, a magistrate may issue a warrant for the arrest of that person and notify the Central Authority that a warrant has been issued.
Any warrant endorsed in terms of section 8 or issued in terms of subsection (2) must be in the form and executed in a manner as near as possible to what may be prescribed in respect of warrants of arrest in general by or under the laws of the Republic relating to criminal procedure.
the rights of the person, as contemplated in Chapter 2 of the Constitution, have been respected, if, and the extent to which, they are or may be applicable.
The magistrate may at any time during the inquiry postpone that inquiry for purposes of consultation between the relevant authorities of the Republic and the Court where any problem is experienced with the execution of any request of the Court for cooperation or judicial assistance.
The magistrate holding the enquiry must proceed in the manner in which a preparatory examination is held under Chapter 20 of the Criminal Procedure Act, 1977 (Act 51 of 1977), and has, for the purposes of holding the inquiry, the same powers as he or she would have had in respect of a preparatory examination so held, including the power to commit any person for further detention or to release such person on bail.
Any deposition, statement made under oath or an affirmation, whether or not it was made in the presence of the person referred to in subsection (1), or any document, record or judgment of conviction or any warrant issued by the Court, or any copy or sworn translation thereof, may be received in evidence at any such inquiry, but a copy or sworn translation thereof may only be received in evidence if such document is certified as a true copy or translation thereof by a judge of the Court or by a member of the staff of the Court authorised thereto by such judge.
to serve a sentence already imposed by the Court, the magistrate must order that such person be surrendered to the Court and that he or she be committed to prison pending such surrender.
[Sub-s. (5) amended by s. 17 of Act 22 of 2005.
The magistrate issuing the order of committal contemplated in subsection (5) or postponing the inquiry as contemplated in subsection (2), must immediately forward to the Central Authority a copy of the order or reasons for the postponement, together with any other necessary report.
The inquiry contemplated in this section may be dispensed with if the person concerned agrees in writing to his or her surrender to the Court.
before such an appeal has been disposed of.
Any person against whom an order has been issued under subsection (5) may, within seven days after the date of the order, appeal to a High Court having jurisdiction against a decision of the magistrate whether one or more of the requirements referred to in subsection (1) (a) to (c) have been complied with.
The National Director may, within seven days after the date of a decision of a magistrate not to issue an order committing a person to prison pending his or her surrender to the Court, as contemplated in subsection (5), appeal against such a decision to a High Court having jurisdiction.
On appeal such High Court must make a decision whether the requirements referred to in subsection (1) (a) to (c) , as appealed against, have been complied with and make an order which, in the opinion of the High Court in question, the magistrate should have made in the first place.
Notice to the person in question as contemplated in paragraph (e) (ii) must be a written notice to that person calling upon him or her to appear at a stated place and time on a stated date in order that the magistrate can inform the person of the order of the High Court, as contemplated in paragraph (e) (ii), whereupon the provisions of sections 54 (2) and 55 (1) and (2) of the Criminal Procedure Act, 1977 (Act 51 of 1977), apply with the necessary changes.
The Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must, within six months after the date of commencement of this Act, make and implement rules of procedure which provide for the expeditious and urgent finalisation of an appeal contemplated in this section.
Any rule made under paragraph (g) must, before publication thereof in the Gazette , as contemplated in section 6 (4) of the Rules Board for Courts of Law Act, 1985, be approved by Parliament.
or (b) does not constitute a ground for refusing to issue an order contemplated in subsection (5).
paragraph (c) is upheld, the Registrar of the High Court concerned must notify the magistrate in question accordingly, who must, in turn, after causing sufficient notice to be given to the person in question and to the National Director, inform the person in question of the order of the High Court.
Any person in respect of whom an order to be surrendered has been given under section 10 (5) or who agrees to his or her surrender, may be removed from the Republic in the custody of a person authorized by the Court to receive him or her and if the person escapes while being so removed, he or she may be arrested without a warrant by any person.
rescues or attempts to rescue from custody any person being so removed, is guilty of an offence and liable on conviction to imprisonment for a period not exceeding five years.
Any person entering and passing through the Republic in custody by virtue of any warrant or order lawfully issued by the Court is, during his or her passage through the Republic, and despite any other law, deemed to be in lawful custody and may be held in any police cell, lock-up, prison or any other detention facility which may be designated by the Cabinet member responsible for the administration of justice, in consultation with the Cabinet member responsible for correctional services or for safety and security, as the case may be, for that purpose.
Where the Court informs the Central Authority that a person arrested in terms of this Act is no longer required to be surrendered to it or into the custody of a state for purposes of serving a sentence imposed by the Court, as the case may be, the Central Authority must inform the magistrate who ordered the surrender accordingly.
The magistrate concerned must, on receipt of such notification, immediately cancel the order referred to in section 10 (5) and cause the person in question to be released from custody if he or she is in detention.
any other type of assistance which is not prohibited by law, with the view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
A request by the Court for assistance in obtaining evidence in the Republic for use in the Court must be submitted in writing to the Central Authority.
an investigation in respect thereof is being conducted by the Prosecutor of the Court.
For purposes of subsection (2), the Central Authority may rely on a certificate purporting to have been issued by a judge of the Court or the Prosecutor of the Court, confirming one or more of the requirements referred to in subsection (2).
If the Central Authority is satisfied that one or more of the requirements as contemplated in subsection (2) have been complied with, it must submit the request contemplated in subsection (1) to the magistrate within whose area of jurisdiction the witness resides or is believed to be present, as well as to the National Director.
The magistrate to whom a request has been forwarded in terms of section 15 (4) must cause the person whose evidence is required, to be summoned to appear before him or her to give evidence or to produce any book, document, or object.
A person referred to in subsection (1) must be summoned in the prescribed manner.
Upon the appearance of that person, the magistrate must administer an oath to or accept an affirmation from him or her and take the evidence of that person upon interrogatories or otherwise, as if the said person were a witness in a competent South African court of law in proceedings similar to those in connection with which his or her evidence is required.
Upon completion of the examination of the witness, the magistrate taking the evidence must as soon as possible transmit to the Central Authority the record of the evidence certified by him or her to be correct, together with a certificate setting out the costs incurred in connection with the execution of the Court's request, including any extraordinary costs which have emanated from the execution of that request.
If the services of an interpreter were used at the examination of the witness, the interpreter must, in the prescribed manner, certify that he or she has translated truthfully and to the best of his or her ability and that certificate must accompany the documents referred to in subsection (4).
and (5), submit them to the Registrar of the Court, indicating which costs emanating from the execution of the request, in its opinion, should be borne by the Court in terms of Article 100 of the Statute.
In respect of the giving of evidence or the production of any book, document or object at an examination in terms of section 16, the laws of the Republic relating to privilege applicable to such a witness in a magistrate's court in similar proceedings apply.
A person summoned to appear before a magistrate in terms of section 16 may be assisted by a legal practitioner in the proceedings contemplated in that section.
fails to produce any book, document or object in his or her possession or under his or her control, which he or she was summoned to produce, is guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding five years.
Any person who, after having been sworn or having made an affirmation as contemplated in section 16 (3), gives false evidence before a magistrate knowing such evidence to be false or not knowing or believing it to be true, is guilty of an offence and liable on conviction to the penalty which a competent South African court of law may impose for perjury.
A summons issued by a judge of the Court or the Prosecutor of the Court for the attendance of any person in any proceedings before the Court, whether in the Republic or elsewhere, must be transmitted to the Central Authority by the person receiving it in the Republic.
Upon receipt of such summons, the Central Authority must immediately transmit it to the magistrate within whose area of jurisdiction such person resides or is present.
Upon receipt of the summons, the magistrate must, if satisfied that the summons was issued by the Court, endorse it for service upon such person, whereupon it may be served as if it were a summons issued out of the court of such magistrate in proceedings similar to those in connection with which it was issued.
Any person summoned under this section who, without sufficient cause, fails to attend at the time and place specified in the summons, is guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding 12 months.
Any magistrate's court within whose area of jurisdiction the summons has been served or the person summoned resides, has jurisdiction to try such person for a contravention of subsection (4).
For the purposes of subsection (4), a return of service indicating that the summons was served properly on the person concerned, together with a certificate by a judge of the Court, to the effect that such person failed to appear at the time and place specified in the summons, is prima facie proof that the said person failed to appear as contemplated in that subsection.
the Commissioner of Correctional Services must, where it appears that the term of imprisonment of the transferred prisoner will expire while that prisoner is still in the custody of the Court, in writing inform the Registrar of the date on which that term of imprisonment will expire.
Upon receipt of a request by the Court for assistance in effecting the service of process or documents, except a summons contemplated in section 19 (1), the Central Authority must send the request, together with the process or documents, to the National Commissioner of the South African Police Service for service on the person concerned.
The National Commissioner of the South African Police Service must cause the process or documents to be served on the person concerned in the manner specified in the request.
The National Commissioner of the South African Police Service must send the return of service to the Central Authority for transmission to the Court.
The registrar with whom a certified copy of a restraint order is lodged in terms of subsection (1), must, in the prescribed manner, register such order in respect of the property which is specified therein.
said person may, within the prescribed period and in the prescribed manner, apply to that court for the setting aside of the registration of the order.
Where the person against whom the restraint order has been made is present in the Republic, the notice contemplated in subsection (3) must be served on such person in the prescribed manner.
Where the said person is not present in the Republic, he or she must be informed of the registration of the restraint order in the prescribed manner.
any other information that is available and may be relevant in the circumstances.
When any restraint order has been registered in terms of section 22, that order has the effect of a restraint order made by that High Court under the Prevention of Organised Crime Act, 1998 (Act 121 of 1998).
sentence or order in support of which the restraint order was made, has been satisfied in full.
Upon receiving the approval of the Cabinet member responsible for the administration of justice for execution of the sentence or compensatory order in the Republic, the Central Authority must lodge with the clerk or registrar, as the case may be, of a court in the Republic having jurisdiction, a certified copy of the document confirming the sentence or order and such clerk of the court or registrar must thereupon, in the prescribed manner, register the sentence or order and the amount payable thereunder as reflected in the said document.
The clerk of the court or registrar, as the case may be, must immediately, in the prescribed manner, give written notice of the registration of the sentence or order to the person on whom it was imposed or against whom it was made or who has effective control over the relevant property in the Republic.
person concerned holds property in the Republic.
When a sentence of a fine or compensatory order has been registered in terms of section 25, that sentence or order has the effect of a civil judgment of the court at which it has been registered, for the amount reflected therein in favour of the Republic, as represented by the Cabinet member responsible for the administration of justice.
The Central Authority, subject to any agreement or arrangement between the Court and the Republic, must pay over to the Court any amount realised in the execution of a registered sentence or order, less all expenses incurred in connection with the execution of such sentence or order.
Upon receiving the approval of the Cabinet member responsible for the administration of justice of the request contemplated in subsection (1), the Central Authority must lodge with the clerk or registrar, as the case may be, of a court in the Republic having jurisdiction, a certified copy of such confiscation order.
Where the person against whom the confiscation order has been made is present in the Republic, the notice contemplated in subsection (4) must be served on such person in the prescribed manner.
Where the said person is not present in the Republic, he or she must be informed of the registration of the confiscation order in the prescribed manner.
recovery of particular property in respect of the property which is specified therein.
When any confiscation order has been registered in terms of section 27, such order has the effect of a civil judgment of the court at which it has been registered in favour of the Republic, as represented by the Cabinet member responsible for the administration of justice.
A confiscation order registered in terms of section 27 may not be executed before the expiry of the period within which an application in terms of section 27 (4) (b) for the setting aside of the registration may be made, or, if such application has been made, before the application has been finally decided.
The Central Authority must, subject to any agreement or arrangement between the Court and the Republic, pay over to the Court any amount recovered in terms of a confiscation order registered in terms of section 27, less all expenses incurred in connection with the execution of such order.
order has already been satisfied.
The Court or the Prosecutor of the Court must submit any request for assistance in the entering and searching of premises, the search of a person and the seizure of a book, document or object that has a bearing on a crime or an offence committed within the jurisdiction of the Court, to the Central Authority in writing.
The request must contain sufficient information under oath or by way of affirmation that there are reasonable grounds for believing that the entry, search or seizure of the book, document or object has a bearing on a crime or an offence committed within the jurisdiction of the Court and that an investigation or prosecution in respect thereof is being conducted by the Prosecutor of the Court.
On receipt of such request, the Central Authority must forward the request to the National Commissioner of the South African Police Service or a person designated by him or her for that purpose, with a view to obtaining the necessary warrant required in the circumstances.
A magistrate or judge of a High Court may, if it appears to such magistrate or judge from the information submitted that there are reasonable grounds for believing that any book, document or object which has a bearing on the investigation or prosecution concerned, is in the possession or under the control of any person or on or in any premises within such magistrate's or judge's area of jurisdiction, issue the necessary warrant required in the circumstances.
The warrant must clearly specify the acts which may be performed thereunder by the police officer to whom it was issued.
the purpose for which the warrant was issued no longer exists, whichever may occur first.
supply such person at his or her request with particulars regarding his or her authority to execute the warrant.
executed by day unless the execution thereof by night is justifiable and necessary.
The seizure of a book, document or object under this section must be effected by removing it from the premises concerned or, if that removal is not reasonably practicable, by sealing or otherwise safeguarding it on or in the premises.
may utilize or request the assistance of any person to identify any book, document or object which has a bearing on the alleged crime or offence or to conduct the entry or search or the seizure of any book, document or object under this section.
A person from whose possession or control a book, document or object has been removed under this section may, at his or her own expense and under the supervision of a police officer, make copies thereof or excerpts therefrom.
A police officer who removes a book, document or object from any premises under this section must issue a receipt to the person who is the owner or in possession or in control thereof or, if that person is not present, affix it to a prominent place on the premises.
If, during the conduct of a search or the carrying out of a seizure under this section, a person claims that a book, document or object found on or in the premises contains privileged information and refuses the examination or removal of the book, document or object, the police officer conducting the search or carrying out the seizure must, if he or she is of the opinion that the book, document or object contains information which has a bearing on the alleged crime or offence, seize the book, document or object and submit it to the registrar of the High Court having jurisdiction for safe custody until a court of law has made a ruling on the question whether the information is privileged or not.
If the information is found not to be privileged, the book, document or object seized under this section must be handed over to the Court or Prosecutor of the Court, as the case may be.
Court or Prosecutor of the Court to return such book, document or object to the person from whom it was seized.
when he or she is asked for information or an explanation relating to a matter within his or her knowledge, refuses or fails to give that information or explanation or gives information or an explanation which is false or misleading, knowing it to be false or misleading, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 15 years or to both such fine and such imprisonment.
with the approval of Parliament, inform the Court, through the Central Authority, whether the Republic can be placed on the list of States willing to accept sentenced persons, and if so, of the conditions pertaining to such acceptance.
The processes in respect of an acceptance and the conditions pertaining to such acceptance, as contemplated in subsection (1), apply with the necessary changes in respect of a revocation of such acceptance or a variation in the conditions pertaining to such acceptance.
If the Republic has been placed on the list of States contemplated in section 31 (1) and if the Court, in a particular case, as contemplated in paragraph 1 (c) of Article 103 of the Statute designates the Republic as a State in which a person in the case in question must serve a sentence of imprisonment, it must inform the Central Authority as soon as possible of such designation.
through the Central Authority, must inform the Court as soon as possible whether the designation is accepted or not.
Any person referred to in subsection (1) must, subject to paragraph (b) , be committed to a prison in the Republic after the designation referred to in subsection (2) has been accepted and a warrant for his or her detention lawfully issued by the Court is deemed to be a valid warrant for the purposes of section 6 of the Correctional Services Act, 1998 (Act 111 of 1998).
If the Court, at any time, decides to transfer a sentenced person referred to in paragraph (a) to a prison of another State, the Central Authority must, in consultation with the Commissioner of Correctional Services and the Registrar of the Court, arrange for the removal of that person from the Republic in the custody of a person authorised by the Court and the provisions of section 12 apply with the necessary changes.
Subject to paragraphs (b) and (c) , the provisions of the Correctional Services Act, 1998, and the domestic law of the Republic apply to a person contemplated in subsection (3).
The sentence of imprisonment referred to in subsection (1) may only be modified by the relevant authorities in the Republic at the request of the Court, as a result of an appeal by the person serving the sentence to, or review by, the Court in terms of the Rules.
and the Court can take place freely and confidentially.
The President, as head of the national executive, may, on such conditions as he or she deems fit, enter into any agreement with the Court, including any agreement relating to the provision of assistance to the Court, and he or she may agree to any amendment or revocation of such agreement.
The provisions of section 231 of the Constitution apply to an agreement referred in subsection (1).
Any agreement contemplated in subsection (1) and any amendment or revocation thereof must be published by the Cabinet member responsible for the administration of justice by notice in the Gazette.
authenticated in the manner provided for in any agreement with the Court.
Nothing in this Act may be construed so as to prevent or abrogate or derogate from any arrangement or practice for the provision of assistance to the Court otherwise than in the manner provided for by this Act.
If any amount payable in terms of an order registered under section 25 or 27 is expressed in a currency other than that of the Republic, such amount must be converted into the currency of the Republic on the basis of the exchange rate which prevailed on the date on which the order in question was registered in the Republic.
solicits or accepts a bribe as an official of the Court in connection with his or her official duties, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years, or to both a fine and such imprisonment.
at the request of the Court through the Central Authority.
The Cabinet member responsible for the administration of justice must, in consultation with the Chief Justice of South Africa and after consultation with the National Director and, in writing, designate an appropriate High Court or Magistrates Court as contemplated in section 166 (d) of the Constitution in which to conduct a prosecution against any person against whom a prosecution is instituted in terms of this section.
If the National Director declines to prosecute a person under this section, he or she must provide the Central Authority with full reasons for his or her decision and the Central Authority must forward that decision, together with the reasons, to the Registrar of the Court.
any administrative or procedural matter necessary to give effect to the provisions of this Act.
A regulation made under subsection (1) may prescribe a penalty of a fine or of a period of imprisonment for a period not exceeding 12 months for any contravention thereof or failure to comply therewith.
The laws referred to in Schedule 2 are hereby amended to the extent indicated in the third column thereof.
This Act is called the Implementation of the Rome Statute of the International Criminal Court Act, 2002, and comes into operation on a date fixed by the President by proclamation in the Gazette.
forcibly transferring children of the group to another group.
other inhumane acts of a similar character intentionally causing great suffering or serious injury to body or to mental or physical health.
'forced pregnancy' means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.
'enforced disappearance of persons' means the arrest, detention or abduction of persons by, or with the authorisation, support or acquiescence of a State or a political organisation, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
It is understood that the term 'gender' refers to the two sexes, male and female, within the context of society. The term 'gender' does not indicate any meaning different from the above.
taking of hostages.
conscripting or enlisting children under the age of 15 years into the national armed forces or using them to participate actively in hostilities.
the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognised as indispensable.
Paragraph (c) of this Part applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict.
Paragraph (e) of this Part applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is a protracted armed conflict between governmental authorities and organised armed groups or between such groups.
' (g) the crime of genocide, crimes against humanity and war crimes, as contemplated in section 4 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002.'.
' (4) When a person who is subject to the Code is suspected of having committed a crime contemplated in section 4 or an offence contemplated in section 37 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002, the matter must be dealt with in accordance with that Act.'.
An International Criminal Court ('the Court') is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute.
The Court shall be brought into relationship with the United Nations through an agreement to be approved by the Assembly of States Parties to this Statute and thereafter concluded by the President of the Court on its behalf.
The seat of the Court shall be established at The Hague in the Netherlands ('the host State').
The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf.
The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.
The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.
The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State.
The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole.
The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.
The crime of aggression.
Forcibly transferring children of the group to another group.
Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
For the purpose of this Statute, it is understood that the term 'gender' refers to the two sexes, male and female, within the context of society. The term 'gender' does not indicate any meaning different from the above.
'Forced pregnancy' means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.
'Enforced disappearance of persons' means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
Taking of hostages.
Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.
The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.
Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.
Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
The Elements of Crimes and amendments thereto shall be consistent with this Statute.
Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.
The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The State of which the person accused of the crime is a national.
The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.
A State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.
As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is available to the State referring the situation.
The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.
The Prosecutor shall analyse the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.
If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.
If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.
The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.
If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.
No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions.
The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.
In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.
The case is not of sufficient gravity to justify further action by the Court.
When a situation has been referred to the Court pursuant to article 13 (a) and the Prosecutor has determined that there would be a reasonable basis to commence an investigation, or the Prosecutor initiates an investigation pursuant to articles 13 (c) and 15, the Prosecutor shall notify all States Parties and those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned. The Prosecutor may notify such States on a confidential basis and, where the Prosecutor believes it necessary to protect persons, prevent destruction of evidence or prevent the absconding of persons, may limit the scope of the information provided to States.
Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes referred to in article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.
The Prosecutor's deferral to a State's investigation shall be open to review by the Prosecutor six months after the date of deferral or at any time when there has been a significant change of circumstances based on the State's unwillingness or inability genuinely to carry out the investigation.
The State concerned or the Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre-Trial Chamber, in accordance with article 82. The appeal may be heard on an expedited basis.
When the Prosecutor has deferred an investigation in accordance with paragraph 2, the Prosecutor may request that the State concerned periodically inform the Prosecutor of the progress of its investigations and any subsequent prosecutions. States Parties shall respond to such requests without undue delay.
Pending a ruling by the Pre-Trial Chamber, or at any time when the Prosecutor has deferred an investigation under this article, the Prosecutor may, on an exceptional basis, seek authority from the Pre-Trial Chamber to pursue necessary investigative steps for the purpose of preserving evidence where there is a unique opportunity to obtain important evidence or there is a significant risk that such evidence may not be subsequently available.
A State which has challenged a ruling of the Pre-Trial Chamber under this article may challenge the admissibility of a case under article 19 on the grounds of additional significant facts or significant change of circumstances.
The Court shall satisfy itself that it has jurisdiction in any case brought before it. The Court may, on its own motion, determine the admissibility of a case in accordance with article 17.
The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred the situation under article 13, as well as victims, may also submit observations to the Court.
The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph 2. The challenge shall take place prior to or at the commencement of the trial. In exceptional circumstances, the Court may grant leave for a challenge to be brought more than once or at a time later than the commencement of the trial. Challenges to the admissibility of a case, at the commencement of a trial, or subsequently with the leave of the Court, may be based only on article 17, paragraph 1 (c).
A State referred to in paragraph 2 (b) and (c) shall make a challenge at the earliest opportunity.
Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.
If a challenge is made by a State referred to in paragraph 2 (b) or (c) , the Prosecutor shall suspend the investigation until such time as the Court makes a determination in accordance with article 17.
A State from which acceptance of jurisdiction is required under article 12.
In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.
The making of a challenge shall not affect the validity of any act performed by the Prosecutor or any order or warrant issued by the Court prior to the making of the challenge.
If the Court has decided that a case is inadmissible under article 17, the Prosecutor may submit a request for a review of the decision when he or she is fully satisfied that new facts have arisen which negate the basis on which the case had previously been found inadmissible under article 17.
If the Prosecutor, having regard to the matters referred to in article 17, defers an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.
Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.
Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.
The Court may apply principles and rules of law as interpreted in its previous decisions.
The application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.
A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.
A person convicted by the Court may be punished only in accordance with this Statute.
No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.
In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply.
The Court shall have jurisdiction over natural persons pursuant to this Statute.
A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.
In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose.
Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
The Court shall have no jurisdiction over any person who was under the age of 18 at the time of the alleged commission of a crime.
This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.
Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.
That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.
Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.
In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.
For the purposes of this article, 'knowledge' means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. 'Know' and 'knowingly' shall be construed accordingly.
The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected.
The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided.
Constituted by other circumstances beyond that person's control.
The Court shall determine the applicability of the grounds for excluding criminal responsibility provided for in this Statute to the case before it.
At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.
A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.
A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.
The order was not manifestly unlawful.
For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.
All judges shall be elected as full-time members of the Court and shall be available to serve on that basis from the commencement of their terms of office.
The judges composing the Presidency shall serve on a full-time basis as soon as they are elected.
The Presidency may, on the basis of the workload of the Court and in consultation with its members, decide from time to time to what extent the remaining judges shall be required to serve on a full-time basis. Any such arrangement shall be without prejudice to the provisions of article 40.
The financial arrangements for judges not required to serve on a full-time basis shall be made in accordance with article 49.
Subject to the provisions of paragraph 2, there shall be 18 judges of the Court.
The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties.
Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties.
Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i) , it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b) . In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.
The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.
Every candidate for election to the Court shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.
By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court.
Nominations shall be accompanied by a statement in the necessary detail specifying how the candidate fulfils the requirements of paragraph 3.
Each State Party may put forward one candidate for any given election who need not necessarily be a national of that State Party but shall in any case be a national of a State Party.
The Assembly of States Parties may decide to establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee's composition and mandate shall be established by the Assembly of States Parties.
List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i); and List B containing the names of candidates with the qualifications specified in paragraph 3 (b) (ii).
A candidate with sufficient qualifications for both lists may choose on which list to appear. At the first election to the Court, at least nine judges shall be elected from list A and at least five judges from list B. Subsequent elections shall be so organized as to maintain the equivalent proportion on the Court of judges qualified on the two lists.
The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under article 112. Subject to paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the highest number of votes and a two-thirds majority of the States Parties present and voting.
In the event that a sufficient number of judges is not elected on the first ballot, successive ballots shall be held in accordance with the procedures laid down in subparagraph (a) until the remaining places have been filled.
No two judges may be nationals of the same State. A person who, for the purposes of membership of the Court, could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.
A fair representation of female and male judges.
States Parties shall also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women or children.
Subject to subparagraph (b) , judges shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election.
At the first election, one third of the judges elected shall be selected by lot to serve for a term of three years; one third of the judges elected shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of nine years.
A judge who is selected to serve for a term of three years under subparagraph (b) shall be eligible for re-election for a full term.
Notwithstanding paragraph 9, a judge assigned to a Trial or Appeals Chamber in accordance with article 39 shall continue in office to complete any trial or appeal the hearing of which has already commenced before that Chamber.
In the event of a vacancy, an election shall be held in accordance with article 36 to fill the vacancy.
A judge elected to fill a vacancy shall serve for the remainder of the predecessor's term and, if that period is three years or less, shall be eligible for re-election for a full term under article 36.
The President and the First and Second Vice-Presidents shall be elected by an absolute majority of the judges. They shall each serve for a term of three years or until the end of their respective terms of office as judges, whichever expires earlier. They shall be eligible for re-election once.
The First Vice-President shall act in place of the President in the event that the President is unavailable or disqualified. The Second Vice-President shall act in place of the President in the event that both the President and the First Vice-President are unavailable or disqualified.
In discharging its responsibility under paragraph 3 (a) , the Presidency shall coordinate with and seek the concurrence of the Prosecutor on all matters of mutual concern.
The other functions conferred upon it in accordance with this Statute.
As soon as possible after the election of the judges, the Court shall organize itself into the divisions specified in article 34, paragraph (b) . The Appeals Division shall be composed of the President and four other judges, the Trial Division of not less than six judges and the Pre-Trial Division of not less than six judges. The assignment of judges to divisions shall be based on the nature of the functions to be performed by each division and the qualifications and experience of the judges elected to the Court, in such a way that each division shall contain an appropriate combination of expertise in criminal law and procedure and in international law. The Trial and Pre-Trial Divisions shall be composed predominantly of judges with criminal trial experience.
The judicial functions of the Court shall be carried out in each division by Chambers.
Nothing in this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires.
Judges assigned to the Trial and Pre-Trial Divisions shall serve in those divisions for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned.
Judges assigned to the Appeals Division shall serve in that division for their entire term of office.
Judges assigned to the Appeals Division shall serve only in that division. Nothing in this article shall, however, preclude the temporary attachment of judges from the Trial Division to the Pre-Trial Division or vice versa , if the Presidency considers that the efficient management of the Court's workload so requires, provided that under no circumstances shall a judge who has participated in the pre-trial phase of a case be eligible to sit on the Trial Chamber hearing that case.
The judges shall be independent in the performance of their functions.
Judges shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence.
Judges required to serve on a full-time basis at the seat of the Court shall not engage in any other occupation of a professional nature.
Any question regarding the application of paragraphs 2 and 3 shall be decided by an absolute majority of the judges. Where any such question concerns an individual judge, that judge shall not take part in the decision.
The Presidency may, at the request of a judge, excuse that judge from the exercise of a function under this Statute, in accordance with the Rules of Procedure and Evidence.
A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia , that judge has previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted. A judge shall also be disqualified on such other grounds as may be provided for in the Rules of Procedure and Evidence.
The Prosecutor or the person being investigated or prosecuted may request the disqualification of a judge under this paragraph.
Any question as to the disqualification of a judge shall be decided by an absolute majority of the judges. The challenged judge shall be entitled to present his or her comments on the matter, but shall not take part in the decision.
The Office of the Prosecutor shall act independently as a separate organ of the Court. It shall be responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court. A member of the Office shall not seek or act on instructions from any external source.
The Office shall be headed by the Prosecutor. The Prosecutor shall have full authority over the management and administration of the Office, including the staff, facilities and other resources thereof. The Prosecutor shall be assisted by one or more Deputy Prosecutors, who shall be entitled to carry out any of the acts required of the Prosecutor under this Statute. The Prosecutor and the Deputy Prosecutors shall be of different nationalities. They shall serve on a full-time basis.
The Prosecutor and the Deputy Prosecutors shall be persons of high moral character, be highly competent in and have extensive practical experience in the prosecution or trial of criminal cases. They shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.
The Prosecutor shall be elected by secret ballot by an absolute majority of the members of the Assembly of States Parties. The Deputy Prosecutors shall be elected in the same way from a list of candidates provided by the Prosecutor. The Prosecutor shall nominate three candidates for each position of Deputy Prosecutor to be filled. Unless a shorter term is decided upon at the time of their election, the Prosecutor and the Deputy Prosecutors shall hold office for a term of nine years and shall not be eligible for reelection.
Neither the Prosecutor nor a Deputy Prosecutor shall engage in any activity which is likely to interfere with his or her prosecutorial functions or to affect confidence in his or her independence. They shall not engage in any other occupation of a professional nature.
The Presidency may excuse the Prosecutor or a Deputy Prosecutor, at his or her request, from acting in a particular case.
Neither the Prosecutor nor a Deputy Prosecutor shall participate in any matter in which their impartiality might reasonably be doubted on any ground. They shall be disqualified from a case in accordance with this paragraph if, inter alia , they have previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted.
Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by the Appeals Chamber.
The Prosecutor shall appoint advisers with legal expertise on specific issues, including, but not limited to, sexual and gender violence and violence against children.
The Registry shall be responsible for the non-judicial aspects of the administration and servicing of the Court, without prejudice to the functions and powers of the Prosecutor in accordance with article 42.
The Registry shall be headed by the Registrar, who shall be the principal administrative officer of the Court. The Registrar shall exercise his or her functions under the authority of the President of the Court.
The Registrar and the Deputy Registrar shall be persons of high moral character, be highly competent and have an excellent knowledge of and be fluent in at least one of the working languages of the Court.
The judges shall elect the Registrar by an absolute majority by secret ballot, taking into account any recommendation by the Assembly of States Parties. If the need arises and upon the recommendation of the Registrar, the judges shall elect, in the same manner, a Deputy Registrar.
The Registrar shall hold office for a term of five years, shall be eligible for reelection once and shall serve on a full-time basis. The Deputy Registrar shall hold office for a term of five years or such shorter term as may be decided upon by an absolute majority of the judges, and may be elected on the basis that the Deputy Registrar shall be called upon to serve as required.
The Registrar shall set up a Victims and Witnesses Unit within the Registry. This Unit shall provide, in consultation with the Office of the Prosecutor, protective measures and security arrangements, counselling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses. The Unit shall include staff with expertise in trauma, including trauma related to crimes of sexual violence.
The Prosecutor and the Registrar shall appoint such qualified staff as may be required to their respective offices. In the case of the Prosecutor, this shall include the appointment of investigators.
In the employment of staff, the Prosecutor and the Registrar shall ensure the highest standards of efficiency, competency and integrity, and shall have regard, mutatis mutandis , to the criteria set forth in article 36, paragraph 8.
The Registrar, with the agreement of the Presidency and the Prosecutor, shall propose Staff Regulations which include the terms and conditions upon which the staff of the Court shall be appointed, remunerated and dismissed. The Staff Regulations shall be approved by the Assembly of States Parties.
The Court may, in exceptional circumstances, employ the expertise of gratis personnel offered by States Parties, intergovernmental organizations or nongovernmental organizations to assist with the work of any of the organs of the Court. The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor. Such gratis personnel shall be employed in accordance with guidelines to be established by the Assembly of States Parties.
Before taking up their respective duties under this Statute, the judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall each make a solemn undertaking in open court to exercise his or her respective functions impartially and conscientiously.
In the case of a Deputy Prosecutor, by an absolute majority of the States Parties upon the recommendation of the Prosecutor.
Is unable to exercise the functions required by this Statute.
A decision as to the removal from office of the Registrar or Deputy Registrar shall be made by an absolute majority of the judges.
A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar whose conduct or ability to exercise the functions of the office as required by this Statute is challenged under this article shall have full opportunity to present and receive evidence and to make submissions in accordance with the Rules of Procedure and Evidence. The person in question shall not otherwise participate in the consideration of the matter.
A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar who has committed misconduct of a less serious nature than that set out in article 46, paragraph 1, shall be subject to disciplinary measures, in accordance with the Rules of Procedure and Evidence.
The Court shall enjoy in the territory of each State Party such privileges and immunities as are necessary for the fulfilment of its purposes.
The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall, when engaged on or with respect to the business of the Court, enjoy the same privileges and immunities as are accorded to heads of diplomatic missions and shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind in respect of words spoken or written and acts performed by them in their official capacity.
The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges and immunities and facilities necessary for the performance of their functions, in accordance with the agreement on the privileges and immunities of the Court.
Counsel, experts, witnesses or any other person required to be present at the seat of the Court shall be accorded such treatment as is necessary for the proper functioning of the Court, in accordance with the agreement on the privileges and immunities of the Court.
The Deputy Registrar and staff of the Registry may be waived by the Registrar.
The judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall receive such salaries, allowances and expenses as may be decided upon by the Assembly of States Parties. These salaries and allowances shall not be reduced during their terms of office.
The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.
The working languages of the Court shall be English and French. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.
At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.
The Rules of Procedure and Evidence shall enter into force upon adoption by a twothirds majority of the members of the Assembly of States Parties.
Such amendments shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties.
After the adoption of the Rules of Procedure and Evidence, in urgent cases where the Rules do not provide for a specific situation before the Court, the judges may, by a two-thirds majority, draw up provisional Rules to be applied until adopted, amended or rejected at the next ordinary or special session of the Assembly of States Parties.
The Rules of Procedure and Evidence, amendments thereto and any provisional Rule shall be consistent with this Statute. Amendments to the Rules of Procedure and Evidence as well as provisional Rules shall not be applied retroactively to the detriment of the person who is being investigated or prosecuted or who has been convicted.
In the event of conflict between the Statute and the Rules of Procedure and Evidence, the Statute shall prevail.
The judges shall, in accordance with this Statute and the Rules of Procedure and Evidence, adopt, by an absolute majority, the Regulations of the Court necessary for its routine functioning.
The Prosecutor and the Registrar shall be consulted in the elaboration of the Regulations and any amendments thereto.
The Regulations and any amendments thereto shall take effect upon adoption unless otherwise decided by the judges. Immediately upon adoption, they shall be circulated to States Parties for comments. If within six months there are no objections from a majority of States Parties, they shall remain in force.
The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute.
Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice.
If the Prosecutor determines that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph (c) above, he or she shall inform the Pre-Trial Chamber.
the Prosecutor shall inform the Pre-Trial Chamber and the State making a referral under article 14 or the Security Council in a case under article 13, paragraph (b) , of his or her conclusion and the reasons for the conclusion.
At the request of the State making a referral under article 14 or the Security Council under article 13, paragraph (b) , the Pre-Trial Chamber may review a decision of the Prosecutor under paragraph 1 or 2 not to proceed and may request the Prosecutor to reconsider that decision.
In addition, the Pre-Trial Chamber may, on its own initiative, review a decision of the Prosecutor not to proceed if it is based solely on paragraph 1 (c) or 2 (c) . In such a case, the decision of the Prosecutor shall be effective only if confirmed by the Pre-Trial Chamber.
The Prosecutor may, at any time, reconsider a decision whether to initiate an investigation or prosecution based on new facts or information.
Fully respect the rights of persons arising under this Statute.
Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence.
Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
Where the Prosecutor considers an investigation to present a unique opportunity to take testimony or a statement from a witness or to examine, collect or test evidence, which may not be available subsequently for the purposes of a trial, the Prosecutor shall so inform the Pre-Trial Chamber.
In that case, the Pre-Trial Chamber may, upon request of the Prosecutor, take such measures as may be necessary to ensure the efficiency and integrity of the proceedings and, in particular, to protect the rights of the defence.
Unless the Pre-Trial Chamber orders otherwise, the Prosecutor shall provide the relevant information to the person who has been arrested or appeared in response to a summons in connection with the investigation referred to in subparagraph (a) , in order that he or she may be heard on the matter.
Taking such other action as may be necessary to collect or preserve evidence.
Where the Prosecutor has not sought measures pursuant to this article but the Pre-Trial Chamber considers that such measures are required to preserve evidence that it deems would be essential for the defence at trial, it shall consult with the Prosecutor as to whether there is good reason for the Prosecutor's failure to request the measures. If upon consultation, the Pre-Trial Chamber concludes that the Prosecutor's failure to request such measures is unjustified, the Pre-Trial Chamber may take such measures on its own initiative.
A decision of the Pre-Trial Chamber to act on its own initiative under this paragraph may be appealed by the Prosecutor. The appeal shall be heard on an expedited basis.
The admissibility of evidence preserved or collected for trial pursuant to this article, or the record thereof, shall be governed at trial by article 69, and given such weight as determined by the Trial Chamber.
Unless otherwise provided in this Statute, the Pre-Trial Chamber shall exercise its functions in accordance with the provisions of this article.
Orders or rulings of the Pre-Trial Chamber issued under articles 15, 18, 19, 54, paragraph 2, 61, paragraph 7, and 72 must be concurred in by a majority of its judges.
In all other cases, a single judge of the Pre-Trial Chamber may exercise the functions provided for in this Statute, unless otherwise provided for in the Rules of Procedure and Evidence or by a majority of the Pre-Trial Chamber.
Authorize the Prosecutor to take specific investigative steps within the territory of a State Party without having secured the cooperation of that State under Part 9 if, whenever possible having regard to the views of the State concerned, the Pre-Trial Chamber has determined in that case that the State is clearly unable to execute a request for cooperation due to the unavailability of any authority or any component of its judicial system competent to execute the request for cooperation under Part 9.
Where a warrant of arrest or a summons has been issued under article 58, and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 93, paragraph 1 (k) , to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims.
The reason why the Prosecutor believes that the arrest of the person is necessary.
A concise statement of the facts which are alleged to constitute those crimes.
The warrant of arrest shall remain in effect until otherwise ordered by the Court.
On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9.
The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.
As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear.
Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.
appear.
A concise statement of the facts which are alleged to constitute the crime.
The summons shall be served on the person.
A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
The person's rights have been respected.
The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
Upon the surrender of the person to the Court, or the person's appearance before the Court voluntarily or pursuant to a summons, the Pre-Trial Chamber shall satisfy itself that the person has been informed of the crimes which he or she is alleged to have committed, and of his or her rights under this Statute, including the right to apply for interim release pending trial.
A person subject to a warrant of arrest may apply for interim release pending trial. If the Pre-Trial Chamber is satisfied that the conditions set forth in article 58, paragraph 1, are met, the person shall continue to be detained. If it is not so satisfied, the Pre-Trial Chamber shall release the person, with or without conditions.
The Pre-Trial Chamber shall periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person. Upon such review, it may modify its ruling as to detention, release or conditions of release, if it is satisfied that changed circumstances so require.
The Pre-Trial Chamber shall ensure that a person is not detained for an unreasonable period prior to trial due to inexcusable delay by the Prosecutor. If such delay occurs, the Court shall consider releasing the person, with or without conditions.
If necessary, the Pre-Trial Chamber may issue a warrant of arrest to secure the presence of a person who has been released.
Subject to the provisions of paragraph 2, within a reasonable time after the person's surrender or voluntary appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to seek trial. The hearing shall be held in the presence of the Prosecutor and the person charged, as well as his or her counsel.
Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held.
In that case, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is in the interests of justice.
Be informed of the evidence on which the Prosecutor intends to rely at the hearing.
The Pre-Trial Chamber may issue orders regarding the disclosure of information for the purposes of the hearing.
Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any charges. The person shall be given reasonable notice before the hearing of any amendment to or withdrawal of charges. In case of a withdrawal of charges, the Prosecutor shall notify the Pre-Trial Chamber of the reasons for the withdrawal.
At the hearing, the Prosecutor shall support each charge with sufficient evidence to establish substantial grounds to believe that the person committed the crime charged. The Prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial.
The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged.
Amending a charge because the evidence submitted appears to establish a different crime within the jurisdiction of the Court.
Where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence.
After the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission of the Pre-Trial Chamber and after notice to the accused, amend the charges. If the Prosecutor seeks to add additional charges or to substitute more serious charges, a hearing under this article to confirm those charges must be held. After commencement of the trial, the Prosecutor may, with the permission of the Trial Chamber, withdraw the charges.
Any warrant previously issued shall cease to have effect with respect to any charges which have not been confirmed by the Pre-Trial Chamber or which have been withdrawn by the Prosecutor.
Once the charges have been confirmed in accordance with this article, the Presidency shall constitute a Trial Chamber which, subject to paragraph 9 and to article 64, paragraph 4, shall be responsible for the conduct of subsequent proceedings and may exercise any function of the Pre-Trial Chamber that is relevant and capable of application in those proceedings.
Unless otherwise decided, the place of the trial shall be the seat of the Court.
The accused shall be present during the trial.
If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
The functions and powers of the Trial Chamber set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence.
The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses.
The Trial Chamber may, if necessary for its effective and fair functioning, refer preliminary issues to the Pre-Trial Chamber or, if necessary, to another available judge of the Pre-Trial Division.
Upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused.
Rule on any other relevant matters.
The trial shall be held in public. The Trial Chamber may, however, determine that special circumstances require that certain proceedings be in closed session for the purposes set forth in article 68, or to protect confidential or sensitive information to be given in evidence.
At the commencement of the trial, the Trial Chamber shall have read to the accused the charges previously confirmed by the Pre-Trial Chamber.
Subject to any other relevant provisions of this Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the commencement of the trial to enable adequate preparation for trial.
shall satisfy itself that the accused understands the nature of the charges. It shall afford him or her the opportunity to make an admission of guilt in accordance with article 65 or to plead not guilty.
At the trial, the presiding judge may give directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner. Subject to any directions of the presiding judge, the parties may submit evidence in accordance with the provisions of this Statute.
Take all necessary steps to maintain order in the course of a hearing.
The Trial Chamber shall ensure that a complete record of the trial, which accurately reflects the proceedings, is made and that it is maintained and preserved by the Registrar.
Any other evidence, such as the testimony of witnesses, presented by the Prosecutor or the accused.
Where the Trial Chamber is satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt, together with any additional evidence presented, as establishing all the essential facts that are required to prove the crime to which the admission of guilt relates, and may convict the accused of that crime.
Where the Trial Chamber is not satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt as not having been made, in which case it shall order that the trial be continued under the ordinary trial procedures provided by this Statute and may remit the case to another Trial Chamber.
Any discussions between the Prosecutor and the defence regarding modification of the charges, the admission of guilt or the penalty to be imposed shall not be binding on the Court.
Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
The onus is on the Prosecutor to prove the guilt of the accused.
In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.
To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her.
Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.
Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.
The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.
The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.
The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia , the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.
The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.
The Court shall not require proof of facts of common knowledge but may take judicial notice of them.
When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.
The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.
Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.
The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.
In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.
Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.
The Court may sanction persons present before it who commit misconduct, including disruption of its proceedings or deliberate refusal to comply with its directions, by administrative measures other than imprisonment, such as temporary or permanent removal from the courtroom, a fine or other similar measures provided for in the Rules of Procedure and Evidence.
The procedures governing the imposition of the measures set forth in paragraph 1 shall be those provided for in the Rules of Procedure and Evidence.
This article applies in any case where the disclosure of the information or documents of a State would, in the opinion of that State, prejudice its national security interests. Such cases include those falling within the scope of article 56, paragraphs 2 and 3, article 61, paragraph 3, article 64, paragraph 3, article 67, paragraph 2, article 68, paragraph 6, article 87, paragraph 6 and article 93, as well as cases arising at any other stage of the proceedings where such disclosure may be at issue.
This article shall also apply when a person who has been requested to give information or evidence has refused to do so or has referred the matter to the State on the ground that disclosure would prejudice the national security interests of a State and the State concerned confirms that it is of the opinion that disclosure would prejudice its national security interests.
Nothing in this article shall prejudice the requirements of confidentiality applicable under article 54, paragraph 3 (e) and (f) , or the application of article 73.
If a State learns that information or documents of the State are being, or are likely to be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure would prejudice its national security interests, that State shall have the right to intervene in order to obtain resolution of the issue in accordance with this article.
If, in the opinion of a State, disclosure of information would prejudice its national security interests, all reasonable steps will be taken by the State, acting in conjunction with the Prosecutor, the defence or the Pre-Trial Chamber or Trial Chamber, as the case may be, to seek to resolve the matter by cooperative means.
Agreement on conditions under which the assistance could be provided including, among other things, providing summaries or redactions, limitations on disclosure, use of in camera or ex parte proceedings, or other protective measures permissible under the Statute and the Rules of Procedure and Evidence.
Once all reasonable steps have been taken to resolve the matter through cooperative means, and if the State considers that there are no means or conditions under which the information or documents could be provided or disclosed without prejudice to its national security interests, it shall so notify the Prosecutor or the Court of the specific reasons for its decision, unless a specific description of the reasons would itself necessarily result in such prejudice to the State's national security interests.
To the extent it does not order disclosure, make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances.
If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.
All the judges of the Trial Chamber shall be present at each stage of the trial and throughout their deliberations. The Presidency may, on a case-by-case basis, designate, as available, one or more alternate judges to be present at each stage of the trial and to replace a member of the Trial Chamber if that member is unable to continue attending.
The Trial Chamber's decision shall be based on its evaluation of the evidence and the entire proceedings. The decision shall not exceed the facts and circumstances described in the charges and any amendments to the charges. The Court may base its decision only on evidence submitted and discussed before it at the trial.
The judges shall attempt to achieve unanimity in their decision, failing which the decision shall be taken by a majority of the judges.
The deliberations of the Trial Chamber shall remain secret.
The decision shall be in writing and shall contain a full and reasoned statement of the Trial Chamber's findings on the evidence and conclusions. The Trial Chamber shall issue one decision. When there is no unanimity, the Trial Chamber's decision shall contain the views of the majority and the minority. The decision or a summary thereof shall be delivered in open court.
The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.
The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.
Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.
In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.
A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.
Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.
In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.
A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.
In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.
In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).
A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.
The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.
The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.
Nothing in this Part affects the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this Part.
Any other ground that affects the fairness or reliability of the proceedings or decision.
The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).
A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.
Subject to the provisions of paragraph 3 (a) and (b) , execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.
A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d) , may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.
An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.
A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.
A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
For the purposes of proceedings under article 81 and this article, the Appeals Chamber shall have all the powers of the Trial Chamber.
Order a new trial before a different Trial Chamber.
For these purposes, the Appeals Chamber may remand a factual issue to the original Trial Chamber for it to determine the issue and to report back accordingly, or may itself call evidence to determine the issue. When the decision or sentence has been appealed only by the person convicted, or the Prosecutor on that person's behalf, it cannot be amended to his or her detriment.
If in an appeal against sentence the Appeals Chamber finds that the sentence is disproportionate to the crime, it may vary the sentence in accordance with Part 7.
The judgement of the Appeals Chamber shall be taken by a majority of the judges and shall be delivered in open court. The judgement shall state the reasons on which it is based. When there is no unanimity, the judgement of the Appeals Chamber shall contain the views of the majority and the minority, but a judge may deliver a separate or dissenting opinion on a question of law.
The Appeals Chamber may deliver its judgement in the absence of the person acquitted or convicted.
The Appeals Chamber shall reject the application if it considers it to be unfounded.
One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.
with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.
Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.
In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.
States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.
The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession.
Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
When appropriate, without prejudice to the provisions of subparagraph (a) , requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession.
Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.
The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b) . The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.
A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.
The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.
proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.
If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.
Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.
In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State.
The possibility of subsequent surrender between the Court and the requesting State.
The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.
Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.
A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.
If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.
Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c) . During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.
The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.
A statement that a request for surrender of the person sought will follow.
Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
Before denying a request for assistance under paragraph 1 (l) , the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance.
The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and b.
The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.
If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).
Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.
Article 96 Contents of request for other forms of assistance under article 93 1.
A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e) . During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.
Any other information relevant in order for the assistance sought to be provided.
Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter.
The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.
The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.
Article 99 Execution of requests under articles 93 and 96 1.
Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.
In the case of an urgent request, the documents or evidence produced in response shall, at the request of the Court, be sent urgently.
Replies from the requested State shall be transmitted in their original language and form.
Provisions allowing a person heard or examined by the Court under article 72 to invoke restrictions designed to prevent disclosure of confidential information connected with national security shall also apply to the execution of requests for assistance under this article.
In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.
Following consultations, any extraordinary costs that may result from the execution of a request.
The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.
A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.
The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.
'surrender' means the delivering up of a person by a State to the Court, pursuant to this Statute.
'extradition' means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.
A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b) , the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.
The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
Communications between a sentenced person and the Court shall be unimpeded and confidential.
State, unless the State of enforcement authorizes the person to remain in its territory.
If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.
Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.
A sentenced person in the custody of the State of enforcement shall not be subject to prosecution or punishment or to extradition to a third State for any conduct engaged in prior to that person's delivery to the State of enforcement, unless such prosecution, punishment or extradition has been approved by the Court at the request of the State of enforcement.
The Court shall decide the matter after having heard the views of the sentenced person.
Paragraph 1 shall cease to apply if the sentenced person remains voluntarily for more than 30 days in the territory of the State of enforcement after having served the full sentence imposed by the Court, or returns to the territory of that State after having left it.
States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.
The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.
The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.
When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.
Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.
If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.
If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person's surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.
An Assembly of States Parties to this Statute is hereby established. Each State Party shall have one presentative in the Assembly who may be accompanied by alternates and advisers. Other States which have signed this Statute or the Final Act may be observers in the Assembly.
Perform any other function consistent with this Statute or the Rules of Procedure and Evidence.
The Assembly shall have a Bureau consisting of a President, two Vice-Presidents and 18 members elected by the Assembly for three-year terms.
The Bureau shall have a representative character, taking into account, in particular, equitable geographical distribution and the adequate representation of the principal legal systems of the world.
The Bureau shall meet as often as necessary, but at least once a year. It shall assist the Assembly in the discharge of its responsibilities.
The Assembly may establish such subsidiary bodies as may be necessary, including an independent oversight mechanism for inspection, evaluation and investigation of the Court, in order to enhance its efficiency and economy.
The President of the Court, the Prosecutor and the Registrar or their representatives may participate, as appropriate, in meetings of the Assembly and of the Bureau.
The Assembly shall meet at the seat of the Court or at the Headquarters of the United Nations once a year and, when circumstances so require, hold special sessions. Except as otherwise specified in this Statute, special sessions shall be convened by the Bureau on its own initiative or at the request of one third of the States Parties.
Each State Party shall have one vote. Every effort shall be made to reach decisions by consensus in the Assembly and in the Bureau.
A State Party which is in arrears in the payment of its financial contributions towards the costs of the Court shall have no vote in the Assembly and in the Bureau if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The Assembly may, nevertheless, permit such a State Party to vote in the Assembly and in the Bureau if it is satisfied that the failure to pay is due to conditions beyond the control of the State Party.
Decisions on matters of procedure shall be taken by a simple majority of States Parties present and voting.
The Assembly shall adopt its own rules of procedure.
The official and working languages of the Assembly shall be those of the General Assembly of the United Nations.
Except as otherwise specifically provided, all financial matters related to the Court and the meetings of the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be governed by this Statute and the Financial Regulations and Rules adopted by the Assembly of States Parties.
Expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be paid from the funds of the Court.
Funds provided by the United Nations, subject to the approval of the General Assembly, in particular in relation to the expenses incurred due to referrals by the Security Council.
Without prejudice to article 115, the Court may receive and utilize, as additional funds, voluntary contributions from Governments, international organizations, individuals, corporations and other entities, in accordance with relevant criteria adopted by the Assembly of States Parties.
The contributions of States Parties shall be assessed in accordance with an agreed scale of assessment, based on the scale adopted by the United Nations for its regular budget and adjusted in accordance with the principles on which that scale is based.
The records, books and accounts of the Court, including its annual financial statements, shall be audited annually by an independent auditor.
Any dispute concerning the judicial functions of the Court shall be settled by the decision of the Court.
Any other dispute between two or more States Parties relating to the interpretation or application of this Statute which is not settled through negotiations within three months of their commencement shall be referred to the Assembly of States Parties. The Assembly may itself seek to settle the dispute or may make recommendations on further means of settlement of the dispute, including referral to the International Court of Justice in conformity with the Statute of that Court.
No reservations may be made to this Statute.
After the expiry of seven years from the entry into force of this Statute, any State Party may propose amendments thereto. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations, who shall promptly circulate it to all States Parties.
No sooner than three months from the date of notification, the Assembly of States Parties, at its next meeting, shall, by a majority of those present and voting, decide whether to take up the proposal. The Assembly may deal with the proposal directly or convene a Review Conference if the issue involved so warrants.
The adoption of an amendment at a meeting of the Assembly of States Parties or at a Review Conference on which consensus cannot be reached shall require a two-thirds majority of States Parties.
Except as provided in paragraph 5, an amendment shall enter into force for all States Parties one year after instruments of ratification or acceptance have been deposited with the Secretary-General of the United Nations by seven-eighths of them.
Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force for those States Parties which have accepted the amendment one year after the deposit of their instruments of ratification or acceptance. In respect of a State Party which has not accepted the amendment, the Court shall not exercise its jurisdiction regarding a crime covered by the amendment when committed by that State Party's nationals or on its territory.
If an amendment has been accepted by seven-eighths of States Parties in accordance with paragraph 4, any State Party which has not accepted the amendment may withdraw from this Statute with immediate effect, notwithstanding article 127, paragraph 1, but subject to article 127, paragraph 2, by giving notice no later than one year after the entry into force of such amendment.
The Secretary-General of the United Nations shall circulate to all States Parties any amendment adopted at a meeting of the Assembly of States Parties or at a Review Conference.
Amendments to provisions of this Statute which are of an exclusively institutional nature, namely, article 35, article 36, paragraphs 8 and 9, article 37, article 38, article 39, paragraphs 1 (first two sentences), 2 and 4, article 42, paragraphs 4 to 9, article 43, paragraphs 2 and 3, and articles 44, 46, 47 and 49, may be proposed at any time, notwithstanding article 121, paragraph 1, by any State Party. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations or such other person designated by the Assembly of States Parties who shall promptly circulate it to all States Parties and to others participating in the Assembly.
Amendments under this article on which consensus cannot be reached shall be adopted by the Assembly of States parties or by a Review Conference, by a two-thirds majority of States Parties. Such amendments shall enter into force for all States Parties six months after their adoption by the Assembly or, as the case may be, by the Conference.
Seven years after the entry into force of this Statute, the Secretary-General of the United Nations shall convene a Review Conference to consider any amendments to this Statute. Such review may include, but is not limited to, the list of crimes contained in article 5. The Conference shall be open to those participating in the Assembly of States Parties and on the same conditions.
At any time thereafter, at the request of a State Party and for the purposes set out in paragraph 1, the Secretary-General of the United Nations shall, upon approval by a majority of States Parties, convene a Review Conference.
The provisions of article 121, paragraphs 3 to 7, shall apply to the adoption and entry into force of any amendment to the Statute considered at a Review Conference.
Statute, may declare that, for a period of seven years after the entry into force of this Statute for the State concerned, it does not accept the jurisdiction of the Court with respect to the category of crimes referred to in article 8 when a crime is alleged to have been committed by its nationals or on its territory. A declaration under this article may be withdrawn at any time. The provisions of this article shall be reviewed at the Review Conference convened in accordance with article 123, paragraph 1.
This Statute shall be open for signature by all States in Rome, at the headquarters of the Food and Agriculture Organization of the United Nations, on 17 July 1998. Thereafter, it shall remain open for signature in Rome at the Ministry of Foreign Affairs of Italy until 17 October 1998. After that date, the Statute shall remain open for signature in New York, at United Nations Headquarters, until 31 December 2000.
This Statute is subject to ratification, acceptance or approval by signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.
This Statute shall be open to accession by all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
This Statute shall enter into force on the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations.
For each State ratifying, accepting, approving or acceding to this Statute after the deposit of the 60th instrument of ratification, acceptance, approval or accession, the Statute shall enter into force on the first day of the month after the 60th day following the deposit by such State of its instrument of ratification, acceptance, approval or accession.
A State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.
A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.
The original of this Statute, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Statute.
DONE at Rome, this 17th day of July 1998.
<fn>GOV-ZA.2002027regEn.2012-02-10.en.txt</fn>
in favour of the Republic as represented by the Cabinet member responsible for the administration of justice, on the case cover in which the certified copy of the confiscation order is filed.
Page 17 - GG No.
a reference to the provisions of regulation 15.
shall, read with the changes required by the context, apply to such service.
in the absence of an agreement referred to in paragraph (b)(i), be informed of such registration by sending a copy of the written notice of registration to that person by registered mail.
to the person against whom the confiscation order has been made, shall require that proof of receipt thereof be returned to him or her by the relevant postal authority.
A person against whom the registration of a confiscation order has been made may within 20 court days from the date on which the registration of the confiscation order at a High Court or a magistrate's court came to his or her knowledge and in terms of the rules of that court apply for the setting aside of the registration of the order.
that applicant was informed of such registration in any other manner, he or she had knowledge of such registration on the date on which he or she was so informed.
These regulations shall be called the Implementation of the Rome Statute of the International Criminal Court Regulations, 2002, and shall come into operation on 16 August 2002.
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This is where you will get to watch the matches for free!
<fn>GOV-ZA.2002031201En.2012-02-10.en.txt</fn>
The Minister of Finance, Trevor Manuel will address the Myburgh Commission on the Rand tomorrow at 10:00. This followed by the Director General of the Treasury Maria Ramos.
<fn>GOV-ZA.2002031401En.2012-02-10.en.txt</fn>
I am honoured to be with you tonight, not just because this is a special and singularly colourful ceremony, but also because I know there is such an intimate significance in this graduation for everyone here. I am a guest not just in your home, but in a profound and particular family celebration. Thank you for this privilege. And let me say that, with you, I share an immense pride in the courage and dedication that has brought you here, as parents, as teachers, and as students.
The kind of courage that has sustained you over the years - sometimes many years - leading to this place, is the same courage that has kept us as a nation together on the social and economic reconstruction path that we have walked since 1994. It is rooted in a clear sense of direction and a willingness to engage intelligently with the challenges and pitfalls that confront us on the journey.
Let me share with you a few reflections on this spirit of intelligent engagement with the issues of the day, and more particularly the public policy challenges that we face in the land and the country that we love.
I don't just mean learned and informed instruction on the way forward, a tourist's guide to the adventures of development and reconstruction. I mean something closer to the ethic of disputation and contest in the realm of ideas, that has been so successfully fostered over many decades at this University, and that is such a rich and vital ingredient in our national discourse.
We have had to steer a difficult course in economic and fiscal policy over the years since 1994, because the social challenges we face are so immense, the economic environment is ruthless and unkind and we have faced undue scepticism from so many quarters.
But there is also the problem of economics itself. It is a peculiar discipline, characterised by strange and contradictory truths and mysterious incantations. My own apprenticeship was thankfully in the altogether more prosaic field of engineering, at a sister institution not a thousand miles from this place. I chose, you see, a practical and sensible line of work, in which the relevant calculus translates tidily into angles of elevation and appropriate stress factors and loading constraints, and drawings on a page convert after a few months and one or two pay disputes with a sub-contractor into a three-storey building or an extra lane on a highway or a sewage processing plant.
Economics is not like that. It makes use of much of the same mathematics, but the meaning is surrounded with so much more mystery. The mystery is sometimes given names: the economics of uncertainty, assymetric information, imperfect expectations, or most alarmingly, chaos theory.
I'm not sure that the problem is entirely the theory. There is also the personality of the economist - a chattering, disputatious character, with a powerful capacity to build prosperity on a foundation of assumptions and little regard for the practical realities of the world as we know it.
Well thankfully there are also economists who have acquired some communication skills along the way, and I am pleased to report that the economic literacy of several of my officials has been substantially enhanced by attending courses offered by this University's Economics Department. The great merit of these courses is that they demonstrate that grand economic formulas and equations frequently translate into quite attractive ideas that you and I understand perfectly well. For example, and I quote: "A person cannot spend the same amount of money twice." Indeed. This is something that not all government financial managers understand fully yet, and I'm going to be recommending this particular module strongly. Or, and I quote again: "Bureaucrats usually do not have any competition, and they behave rationally by being inefficient." The economic literacy handbook also has some rather rude things to say about politicians, but I don't think it would be a good idea for me to go into details.
I don't want to be misunderstood, so let me emphasise that the point of these examples is that economics tries to make sense of problems and challenges that arise right across economic policy and social organisation - how to deal with scarcity or shortages and competition over resources, and how to construct organisations, arrange institutions or shape contracts so that efficiency is enhanced and productivity improved.
The problems are easily identified, but the solutions are seldom simple. And so economic analysts and advisors are kept very busy and they often disagree. Of course, we might wonder whether the world would not be a better place if we deliberately held back from the breeding of another, more energetic, perhaps more disputatious generation of new economists. Life would surely be simpler if students, and their teachers, had complete respect for the incantations of the last generation of high priests.
Well, this is not our view. Life informed by a single economic orthodoxy would be stagnant, repetitive, naïve and ultimately barren. We have encouraged an active and energetic debate within the Treasury and within Government, on a side range of social and economic policy questions, and we rely also on the richness and depth of academic debate and the policy discourse in the wider community. This is clearly intrinsic in the health of our democracy, and it also underpins progress in economic policy and the public finances.
Which is not to say that we will not defend our views, sometimes vigorously. This no doubt adds fuel also to academic discourse, for there would be little pleasure in robustly engaging with a limp Ministerial respondent.
So I want to pay tribute to those who, from time to time, have had the courage to present alternative views, and have challenged orthodox ideas - orthodoxies of the right, or the left, from Washington, from Pretoria, perhaps from institutions comfortably established on the slopes of Table Mountain.
But I also want to suggest that there are times when we could target our creative energies more effectively.
It helps to stand back, sometimes, and reflect on the path we have travelled. We began life as a democratic government in 1994 not with an empty slate in a newly staffed draughting office, but with a full and rigorously developed action agenda. There was further work to do in many policy areas, but we began work in delivering water to rural communities, in extending clinic and hospital networks, installing electricity, building houses, improving schooling, and in many other areas, because the Reconstruction and Development Programme provided a framework and a shared understanding on which we could build. We knew that this required a sound and sustainable fiscal position and balance of payments, and we set out to open our international trade and financial relations and reverse the rising public debt burden.
Healthy social and development spending programmes are now in place, the international competitiveness of South African industry is immensely improved, real wages and productivity have grown faster over the past eight years than ever before, and debt service costs are steadily falling relative to GDP, releasing resources for improving and expanding public services.
These things were achieved in part because sustained energy went into the consultation and thought behind the Reconstruction and Development Programme, and also because serious effort went into addressing the implementation challenges during the second half of the nineties. There were setbacks and mistakes, of course, but the main record is of progressive, well-considered implementation of a programme of social development and economic reconstruction.
But this, by no means, brings to an end the policy and implementation challenges we face. Indeed, the more expansionary and growth -oriented budget framework of last year and this year bring some new and pressing challenges - development of the institutions and capacity needed by our new municipal structures, reinforcement of infrastructure investment, adjustment to more volatile currency markets, and most critically re-shaping our growth trajectory so that it creates the job opportunities we need.
There is clearly an urgent need to address these challenges honestly and imaginatively, and to consider possibilities that might offend established orthodoxies. But there is also a risk that in our impatience to make progress against one set of social and developmental challenges, we may lose sight of the breadth and depth and coherence of the approach we chose in articulating the RDP vision in 1994.
Let me illustrate.
There is a role for promoting job creation through public spending on services and infrastructure. It is tempting to turn this into a call for a unified, comprehensive national public works programme, located in a new agency and with far-reaching budgetary and institutional powers. This might be right in a small institutionally fragile centralised transition economy, but in our context it ignores the institutional depth of our existing water, housing, electrification and municipal infrastructure programme. I have no doubt there is valuable work to be done in enhancing the quality of project management in these programmes, in exploring ways in which labour-absorption could be stepped up, in reinforcing the pace of delivery, but we have gone well beyond the circumstances in which a single central agency should be given this task.
As a further example, consider the pricing and regulatory issues that accompany liberalisation of our telecommunications industry, restructuring of the electricity supply and distribution industries, and dismantling of agricultural control boards, in the context of our inflation targets and the recent volatility of exchange rates. Add to that our commitment to ensure that poor people should not be excluded from access to basic water, sanitation or energy by an inability to pay. But we need to keep our public utilities financially robust and able to maintain investment in new infrastructure and better services. This is a dizzying mix of complex social and economic considerations. There is a powerful analytical literature to draw on - from French concerns with the pricing of spring water two centuries ago to the modern-day analytics of pricing and regulating rapidly evolving and highly mobile internet services. Given the importance of these kinds of "network goods" - both to major industries making global investment decisions, and to poor households trying to manage on a modest pension - it is hard to imagine a more important cluster of policy issues. But if we are honest, we have to admit that we are not yet doing enough serious analysis here. There is a list of PhD and Masters dissertation topics somewhere in my briefcase I should perhaps leave with your dean of research.
Let me mention a few other policy arenas or challenging research clusters.
The development of Africa and enhancing our cooperation with other countries in the SADC region - giving impetus to the New Partnership for Africa's Development: there are financial aspects, tax issues, trade agreements, transport and communication challenges?
Our urban and rural development programmes - not just their economic and institutional dimensions, but the social and cultural dynamics of household formation, movement of people, community safety and stability?
Enhancing municipal governance and service delivery, and taking advantage of the opportunities this development cluster offers for employment creation and skills development?
Of course, there is a work under way in many of your Departments and elsewhere on these and other issues, and much of this work is quiet, unpretentious and unlikely to reach newspaper headlines or Parliamentary debates.
I mention this because, while we should welcome vigorous public debates, we should also guard against forcefully presented simple solutions. Our approach to development, to reversing decades of discrimination and to reducing poverty and vulnerability involves numerous programmes, institutions, policies and initiatives. Many of these need further enhancement and reinforcement. We need the diverse and manifold efforts of your graduates and all those who seek to advance social and economic progress in our beautiful country, not in pursuit of a single solution but across the full spectrum of our development challenges.
Budget speeches over the past few years have exposed the fact that, from time to time, I seek solace in poetry.
Without remaking yourself.
Each new era begins within.
For inner liberation.
Our inward lights.
And negative things positively.
To see ourselves more clearly.
Infect the world with your light.
Help fulfill the golden prophecies.
Press forward the human genius.
Our future is greater than our past.
But let me add, we can and must make that future, together. I thank you.
<fn>GOV-ZA.2002032601En.2012-02-10.en.txt</fn>
In the 2001/2002 fiscal year, the National Treasury indicated its intention of splitting all the three-legged RSA bonds (R150, R153, R194, R157 and R186). In general, the market participants agreed to the need to split these bonds, but some participants were concerned about the impact of this on liquidity. A suggestion was made that the National Treasury starts the splitting programme with the R150 only.
The Asset and Liability Management branch of the National Treasury will embark on a split programme for the R150 bond as from 01 April 2002.
The R150 has three redemption dates, 28 February 2004, 28 February 2005 and 28 February 2006. According to the terms and conditions of the R150 bond, a holder who has invested, e.g. R3 million (nominal) in R150, will be repaid R1 million () on each of the above mentioned redemption dates?
Due to a more active Debt Management approach, the purpose of three-legged bonds to build and maintain liquidity has become obsolete. With switch programmes in place, liquidity can be rapidly built into any benchmark bond.
The shortage of money market paper in the market has also contributed to the decision to split the R150 bond. The 2004 leg of the R150 bond will add to the supply of paper at the short end of the curve.
The current Strip facility, already provides for the principal of the R150 bond to be stripped into three equal portions. The splitting of the R150 bond into three new bonds will support the Strip program. The three new bonds will be regarded as strippable. Each of the new series will bear one of the three redemption dates of the current R150 bond.
Holders may surrender their holdings (registered in Central Depository) or certificates (registered in own name) for replacement as from 01 April 2002. The following new bonds, which will total the original nominal value of their holding, will replace the R150 benchmark bond.
If a holding in R150 is not fully devisable by one third, the R006 and R152 will be rounded to the nearest one thousand Rand, with the balance being added to the middle tranch, R151.
Holders with electronic holdings at the Central Depository, are requested to contact their settlement agents to effect the split on their behalf.
The Asset and Liability Management branch, would like to stress that the option to split is totally optional. The option to split will be available until the first maturity date (28 February 2004) as per terms and conditions of the R150.
One third of the nominal amount, rounded off to the nearest R 1,00 will be redeemed on 28 February 2004, after which the remaining two-third balance will be split amongst the R151 and R152 in equal portions.
For any additional information required, contact Phakamani Hadebe (012) 315 5486 or Johan Krynauw (012) 315 5274.
<fn>GOV-ZA.2002032En.2012-02-10.en.txt</fn>
To provide for the reinstatement of the enrolment of certain deceased legal practitioners who were struck off the roll of advocates or attorneys as a result of their opposition to the previous political dispensation of apartheid or their assistance to persons who were opposed to the said apartheid dispensation; and to provide for matters connected therewith.
any other interested person, to any High court, be reinstated to the roll of advocates or attorneys, as the case may be, if the court is satisfied that the conduct that led to that person's name being removed from the roll in question was directly related to that person's opposition to the previous political dispensation of apartheid and to bringing about political or constitutional change in the Republic, or to assisting persons who were likewise opposed to the said apartheid dispensation.
to the roll of attorneys, the registrar of the Court must enter a reference to that order opposite the name of the person in question in the registers kept by him or her for that purpose and forward certified copies of that order to the registrars of the other High Courts and the registrars of deeds appointed in terms of the Deeds Registries Act, 1937 (Act 47 of 1937), who, in turn, must enter a reference to that order opposite the name of the person in question in the registers kept by them for that purpose.
The Cabinet member responsible for the administration of justice must cause the name of any person who was reinstated to the roll of advocates or attorneys in terms of section 1 to be submitted to Parliament.
This Act is called the Reinstatement of Enrolment of Certain Deceased Legal Practitioners Act, 2002.
<fn>GOV-ZA.2002033En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.200203En.2012-02-10.en.txt</fn>
To obtain a copy of the SA Yearbook 2002/03 or Pocket Guide to South Africa 2002/03, please e-mail your request to delien@gcis.gov.za, stating your postal address, physical address and telephone numbers.
<fn>GOV-ZA.200203arEn.2012-02-10.en.txt</fn>
The Commission's investigation revealed four possible options for reform which were set out for comment in a discussion paper, published in 2001. In evaluating the response received to the discussion paper it was clear that most commentators felt that the privacy of parties to a divorce should be respected as far as possible; that in the context of divorce, it would be appropriate for the press to have to make out a case for publication; and that children involved in divorce cases stand in need of special protection.
The amended section will also make it an offence to furnish particulars of a divorce action or any information or evidence which emerges during the course of such an action unlawfully to third parties.
The investigation initially dealt with international and domestic commercial arbitration only. A report on international arbitration was submitted to the Minister in July 1998 and a report on domestic arbitration was submitted to the Minister in June 2001. At the request of the Minister the investigation was broadened to include an investigation into alternative dispute resolution (ADR) at all levels. The project committee was broadened for this purpose. The names of the project committee members are reflected in Annexure B.
A discussion paper on community dispute resolution structures was published for general information and comment in September 1999. After it had already considered two draft reports, the project committee met on 15 March 2003 to finalise the draft report on community courts, but decided to obtain expert comment on the report before submitting it to the Commission. An amended draft report will be considered by the project committee in the third quarter of 2003.
A new researcher who assumed duty on 1 February 2002 was allocated to the project. A discussion document had been finalised after which a meeting of experts was convened. A draft report will be considered by the Commission in the second quarter of 2003.
An issue paper on adult prostitution was published for general information and comment in August 2002.
Generally prostitution is regarded as the exchange of sexual acts for reward. While it is often said that prostitution is one of the oldest professions, the legal response to it differs from society to society and over the course of time. Internationally, the topic of prostitution remains an emotive one and opinions on the legal treatment of prostitution are generally strongly polarised. This is no different in South Africa.
The Sexual Offences Act, 1957, regulates various aspects of prostitution. The keeping of brothels, the procurement of women as prostitutes, soliciting by prostitutes, and living off the earnings of prostitution are inter alia criminalised. In addition, various other pieces of legislation such as the Liquor Act 27 of 1989 and municipal bye-laws apply to prostitutes. Of particular interest is section 20(1)(aA) of the Sexual Offences Act, 1957, which provides that any person who has unlawful carnal intercourse or commits an act of indecency with any other person for reward is guilty of an offence. This section was declared inconsistent with the Constitution and therefore invalid in the Transvaal Division of the High Court in Jordan and others v The State 2002 (1) SACR 19 (TPD).
Criminalise all aspects of adult prostitution.
Legalise adult prostitution within certain narrowly circumscribed conditions.
Decriminalise adult prostitution which will involve the removal of laws that criminalise prostitution.
The Commission sets forth the implications should a particular option be adopted and poses questions as to all the options presented. Consequently no draft legislation is proposed in the issue paper.
A draft discussion paper on adult prostitution will be finalised in the last quarter of 2003.
At a meeting between the Department of Justice and Constitutional Development and the National Director of Public Prosecutions it was decided that a project be launched to accelerate the initiative to postpone cases of awaiting trial prisoners by means of audio visual link between correctional facilities and courts. The project committee was requested to assist in the pilot project by reviewing the legislative implications. A draft discussion document was considered by the project committee at its first meeting on 13 March 2003. The committee was of the view that the procedure should also be allowed for postponements and bail applications but that it should not extend to the actual trial and the hearing of evidence. A subcommittee will meet with the Office of the National Director of Public Prosecutions during April 2003.
The granting of recognition to partnership contracts and the enforceability of such contracts against third parties.
An issue paper on domestic partnerships (issue paper17) was published for general information and comment in September 2001 (see the previous annual report for details).
A draft discussion paper on domestic partnerships will be considered by the project committee in the second quarter of 2003.
In November 1999 a Justice Departmental workshop was held on international cooperation between South Africa and foreign states in civil matters. There have been no significant developments in the field of international civil matters and there is a need to revisit our legislation with a view to developing consolidated legislation. The workshop concluded that the Law Commission should be mandated, in consultation with business, to undertake thorough research of existing legislation with a view to preparing consolidated legislation on international cooperation in civil matters.
A new researcher who assumed duty on 1 March 2002 was allocated to the project.
An issue paper on consolidated legislation pertaining to international co-operation in civil matters was published in January 2003.
The present position is that, subject to certain statutory exceptions, a foreign judgment is not directly enforceable in South Africa. The common-law procedures are expensive, time-consuming and complex. In response to this the legislature enacted various pieces of legislation providing for international co-operation in civil matters. This is achieved by way of designation of countries under the various pieces of legislation.
To date only a few countries have been designated in this way for the purpose of co-operation in civil matters. The introduction of statutory enforcement procedures was intended to overcome the cumbersome common-law procedures, but these have proved unsuccessful. For example, in respect of judgments relating to money, Namibia is the only country designated under enabling regulations as a country with reciprocal enforcement procedures.
A similar situation prevails in respect of the enforcement of other types of civil judgments such as maintenance orders. The relevant Act applies only to a limited number of designated countries. This means that maintenance orders emanating from countries which are not designated under the Act cannot be enforced in South Africa. This exclusion applies to most countries. The reciprocal service of legal documents is hindered by the same issue of designation.
The necessary pieces of legislation exist in our statute book but are not achieving their purpose. The first possible reason is that there are too many statutes governing this area, thereby complicating rather than facilitating the process of co-operation. The second possible reason is that the relevant statutes operate on the basis of designation of foreign countries, thereby excluding most countries from their application.
The recognition and enforcement of foreign judgments.
The reciprocal service of legal documents.
Mutual assistance in the obtaining of evidence.
A draft discussion paper on consolidated legislation pertaining to international co-operation in civil matters will be finalised in the second quarter of 2003.
The Commission, as far back as 1988, undertook an investigation with a view to improving the plight of mentally incapacitated persons who cannot afford the costs involved in securing a High Court appointed curator. Its recommendations led to the adoption of the Mentally Ill Persons' Legal Interests Amendment Act 109 of 1990, which amended the Mental Health Act 18 of 1973. This amendment enabled an interested person to apply to the Master of the High Court (which entails insignificant costs) for the appointment of a curator to a person who is not declared to be mentally ill, but whom the applicant believes to be suffering from mental illness to such an extent that the person is incapable of managing his or her own affairs.
The present investigation means a revival of its previous investigation, but on a wider basis. Additional measures to protect the interests of those whose legal capacity has for some reason been diminished are researched.
The Minister approved the appointment of a project committee on 30 July 2002. The names of the project committee members are reflected in Annexure B. The project committee met on 18 September 2002 to evaluate the comment received on the issue paper. A draft discussion paper on assisted decision-making: adults with impaired decision-making capacity is being prepared and it will be considered by the project committee in the third quarter of 2003.
The Committee was of the view that certain matters referred to in its report should be investigated fully before a review of the provisions of the Bill could take place and it requested the Minister for Justice and Constitutional Development to consider referring these matters to the Commission for investigation. The Minister approved the inclusion of the investigation in the Commission's programme on 8 December 2000.
The Act purports to protect employees from the victimisation of employers.
provide for certain remedies in connection with any occupational detriment suffered on account of having made a protected disclosure.
Whistle-blowers who intend using the provisions of the Act to conceal their own involvement in criminal activities are not protected. Where a law has been contravened, the Act does not protect the employee from criminal prosecution or civil liability to third parties. Thus there is no exclusion of civil or criminal liability for making a protected disclosure.
The Act allows employees to pursue unspecified remedies where they have been subjected to an occupational detriment, but provides no particular remedy. Furthermore, it is not an offence in terms of the Act to subject an employee to occupational detriment or for an employee knowingly to make a false disclosure.
A draft discussion paper on protected disclosures will be finalised in the third quarter of 2003.
The Ad Hoc Joint Committee on the Open Democracy Bill submitted its report on the Promotion of Access to Information Bill to Parliament on 24 January 2000.
The Committee noted that the Bill only dealt with the aspect of access to private information of an individual, be it access by that individual or another person, and did not regulate other aspects of the right to privacy, such as the correction of and control over personal information.
Foreign jurisdictions with freedom of information regimes enacted separate legislation which, as an important component of democracy legislation, regulates aspects such as the correction of and control over personal information. Privacy legislation generally provides for more detailed mechanisms and provisions dealing with personal information in the hands of another person by empowering that individual, amongst others, to demand the correction of incorrect information.
The Committee requested the Minister for Justice and Constitutional Development to introduce privacy and data protection legislation in Parliament as soon as possible. Since the preparation of this type of legislation will require extensive research, the Minister requested the Law Reform Commission to consider the possible inclusion of such an investigation in its programme. The Minister approved the inclusion of the investigation in the Commission's programme on 8 December 2000.
A project committee was established and the first meeting of the project committee was held on 22 July 2002. The names of the project committee members are reflected in Annexure B.
A draft issue paper is being prepared which will be considered by the project committee in the third quarter of 2003.
The Ismail Mahomed Prize For Law Reform was established in honour of the late Chief Justice and Chairperson of the Law Reform Commission. For 2001 the Law Reform Commission is grateful to Juta Law for sponsoring a worthwhile prize valued at R10 000 and consisting of a personal computer and a set of Juta's Statutes of South Africa (in print and on CD-ROM).
The winner for 2001 is Mr Daniël Smit from the University of Stellenbosch for his excellent essay entitled "Legal Understanding: From Pre-understanding to Better Understanding". The prize was awarded at a ceremony hosted by the Commission on 16 August 2002.
It is sincerely hoped that Juta Law will be amenable to sponsoring future Ismail Mahomed Prizes in the interest of law reform in our country.
For the efficient performance of its functions, the Commission depends on the cooperation of institutions and persons who have an interest in its investigations. In order to ensure the best possible involvement of interested parties, therefore, it is the Commission's policy to inform the public as far as possible of new investigations undertaken and of issue papers and discussion papers published for general information and comment. Issue papers and discussion papers of the Commission are released by way of press statements so as to ensure good coverage. However, the Commission also submits issue papers and discussion papers of its own accord to institutions that have an interest in the investigation concerned. The reaction to these documents is an indispensable link in the process of law reform and it plays an important role in the eventual recommendations made by the Commission in its reports.
The Commission publishes a regular Bulletin, the aim of which is to inform people about the work of the Commission. The Bulletin contains information on the activities of the Commission, an update on current projects and items on new and completed investigations.
The good relations maintained by the Commission with law reform bodies in other countries makes the exchange of working papers, reports and other information possible. In this way valuable information is exchanged that facilitates and expedites comparative law research. It is significant how various legal systems are often faced with similar problems. The exchange of documents enables the Commission to evaluate ways of thinking elsewhere in the world.
A delegation from the Malawi Law Commission undertook a study visit to the South African Law Reform Commission from 22 - 26 April 2002. The delegation was briefed on the working methods of the Commission as well as on a number of research projects. Meetings were also facilitated with the Office on the Rights of the Child at the Presidency and with representatives of Save the Children (Sweden & UK).
Commissioners for the Gender and Law Reform Programme undertook a study visit to the South African Law Reform Commission from 3 - 7 June 2003. The delegation was briefed on the working methods of the Commission as well as on a number of research projects relating to relating to the delegation's brief. Meetings were facilitated with the National Director of Public Prosecutions; the South African Police Service; the National Network on Violence against Women; the Gender Commission; and the Department of Justice and Constitutional Development.
A member of the delegation, Ms M M Katopola (Assistant Chief Law Reform Officer), remained for a work attachment from 10 - 28 June 2003, during which time she acquainted herself fully with the operation of the South African Law Reform Commission.
The Secretary and Assistant Secretary deal with enquiries on the work of the Commission virtually on a daily basis. These include enquiries from the media, the professions, the universities, NGOs and members of the public.
Researchers and project committee members often participate in activities not initiated by the South African Law Reform Commission nationally and abroad. They are invited by government departments, non-governmental organisations and other institutions to attend seminars or conferences and to participate in workshops relating to investigations on the Commission's programme. In addition, they are frequently requested to present papers or lectures on the research projects that they are involved in. This approach facilitates cooperation between the Commission and other role players, serves to publicise the Commission's activities and ensures that duplication of initiatives is avoided.
see Chapters 3 and 5.
>The Minister of Water and Environmental Affairs of South Africa, Ms Buyelwa Sonjica, in her capacity as the President of the African Ministers Council on Environment (AMCEN) would like to reiterate that Africa s position as articulated in the Nairobi Declaration remains.
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This morning I will briefly talk about the impacts of climate change on Africa, the status of the international negotiations, South Africa s position which is informed by our socio-economic context, and our expectations from Copenhagen.>Impacts on Africa>According to the projections of the Intergovernmental Panel on Climate Change, Africa will experience some of the worst effects of climate change.
Indeed, the task is not finished when four millions of our people still find themselves without access to clean potable water.>Water is also fast becoming a constraint to development in South Africa. The fight against crime and corruption includes preventing the illegal use of water, and our department remains committed to taking action against unlawful water use.>We need to discourage unlawful acts for the benefit of all that depend on our scarce water resources.
>The Minister of Water and Environmental Affairs Ms Buyelwa Sonjica will be hosting a water Indaba in Durban from 2 to 3 November 2009. She will be joined by the Provincial Premier Dr Zweli Mkhize.>The Indaba brings together all water sector partners and stakeholders to discuss the challenges faced by the province in relation to water security.
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>The Minister of Water and Environmental Affairs, Ms Buyelwa Sonjica cordially invites you to the National Assembly Environment budget vote on Friday, 16 April at 10h00.>After delivering her speech, the minister will address the media to brief them on the areas of priorities that the speech will address and the plans for the environmental sector in this financial year.
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<fn>GOV-ZA.2002040201En.2012-02-10.en.txt</fn>
The 2001/2 fiscal year has been extremely successful one for the SARS both from a revenue collection and compliance enhancement point of view.
I am therefore proud to inform the South African public that SARS has collected R249,2 billion for the fiscal year ending 31 March 2002. Collections exceeded the printed estimate by R15,2 billion.
This record collection marks yet another successful and robust contribution by SARS staff to a better life for all. My sincere congratulations go to SARS staff.
Whilst there has been a noticeable improvement in some aspects of the compliance culture, serious concerns remain. The SARS initiatives we are announcing focus on these concerns. In addition, in line with SARS' commitment to increasingly provide a better service to all South African taxpayers, we are announcing today service initiatives that are intended to make compliance a lot easier and less costly.
SARS collected a total of R249,2 billion which is in line with the revised estimates of R249, 4 billion. This exceeded the printed revenue estimates of R234 billion by R15,2 billion, and falls slightly short of the revised estimate of R249,4 billion by R204 million (or 0,08%). Due to the long weekend that coincided with the end of the fiscal year, electronic payments of R707 million were not received in time to be accounted for in the year under review.
It is significant that in the last fiscal year SARS collected the total cash amount of R298,9 billion of which R49,7 billion was refunded to taxpayers.
an increase of R1,3 billion from last year. These refunds have put money directly back into the pockets of taxpayers.
The largest contributor to the surplus over the printed estimates was the increased collection from companies yielding a total of R42,7 billion against the printed estimate of R30 billion. VAT collections amounted to R60,5 billion against the printed estimate of R60,4 billion and the revised estimate of R58,6 billion.
Persons and individuals contributed a total of R91,3 billion exceeding the printed estimate of R90,1 billion by R1,2 billion and the revised estimate of R91 billion by R300 million, mainly due to higher assessment payments resulting from improved processing turnaround times.
An amount of R8,6 billion was collected from customs duties, R10,3 billion from excise duties, and R15 billion from fuel levy.
I want to extend my thanks and appreciation to those individuals and corporate taxpayers whose increasing compliance with the tax and customs laws of this country have made it possible for government to increase its social spending and give bigger tax cuts to taxpayers.
Despite the good revenue collections, the compliance levels in South Africa are still unacceptably low. There are still too many individuals and businesses who should be registered for tax that are not.
both in terms of the time taken to file and non-submission. Over 3 million income tax returns are outstanding.
SARS contends on a daily basis with aggressive tax planning that purportedly adheres to the law, and with taxpayers who simply ignore their tax obligations or actively seek to defraud the country.
VAT fraud remains a serious problem, particularly in the retail sector, which is plagued by round-tripping and similar offences. Currently there are a significant number of big investigations being undertaken by SARS. At the same time I want to welcome the recent pioneering agreement between SARS and EDCON which will inspire other partnership arrangements between the private sector and SARS.
During the past fiscal year, the payroll questionnaires highlighted several abuses of the employees' tax system. As individual income tax is the single largest source of revenue at 36% of total revenue, the potential revenue loss through these abuses runs into billions of Rand.
All of these schemes result in a huge TAX GAP in South Africa - a matter I referred to in the Budget Speech. SARS is in the advanced stages of an analysis of the tax gap. Preliminary indications are that previous estimates are understated and that the formal sector of the economy contributes substantially towards the gap.
This year, SARS will, even more energetically and creatively implement a series of initiatives that will make more significant inroads into the non-compliance culture, and to ensure that this year's revenue target of R265 billion is achieved.
Expanding the Woodmead Projec?
SARS has concluded a successful pilot of a specialist and integrated audit office commonly known as the Woodmead project. This project was initiated to specifically target identified highrisk industries, taxpayers, and transactions, whilst getting a better understanding of the tax gap and taxpayer morality. During the past fiscal year, the Woodmead project has collected R4,3 billion.
One of the key successes of the Woodmead project was the recruitment of highly skilled auditors with the relevant business exposure. These auditors were able to detect avoidance and evasion schemes because of their background and exposure. SARS will replicate these specialist and integrated audit offices in other parts of Gauteng, Cape Town and Durban. SARS has embarked on a recruitment drive to attract the appropriate skills for these additional offices.
Some of the abuses that have been detected by SARS's payroll audits include employers improperly paying their employees' private expenses, the abuse of allowances such as travel and subsistence allowances, the splitting of income, and others. Most concerning of all is the failure by employers to pay over amounts deducted from their employees.
This year, SARS will embark on a compliance drive focusing on employees' tax abuses. These additional audits will result in increased criminal prosecutions.
Foreign investment tax clearanc?
In terms of existing policy South African individuals over 18 years in age and in good standing with SARS may invest up to R750 000 outside the country. Such investors are required to obtain a Tax Clearance Certificate (TCC) from SARS prior to any foreign investment. There is evidence of substantial abuse on the part of investors in obtaining TCC's to move funds offshore.
ï¿½ Certificates will be issued directly to the banks or authorized dealers.
Tax Clearance Certificate in respect of government tender?
SARS has concluded a review of payments made on government contracts. The review revealed that many vendors who have obtained tax clearance certificates have under-declared their incomes. Some vendors have gone so far as to de-register for tax purposes whilst actively trading.
During the current year, SARS will audit those taxpayers who have previously applied for tax clearance certificates.
Closer co-operation with the South African Police Service to curb drug smuggling through the secondment of dedicated officers to the police service.
SARS will be employing up to 1000 temporary staff who will be physically collecting all outstanding returns from taxpayers and deliver summonses to the taxpayers that do not respond. The first 250 of the 1000 temporary staff are already undergoing training. The collection of outstanding returns project will be an integrated approach between the SARS Call Centre, Branch Offices and the temporary staff.
In addition to its revenue and compliance initiatives, SARS is committed to introducing a new service approach that focuses on providing more effective service delivery. (See Appendix 1). This includes a more efficient application of the law and an improvement in SARS's responsiveness to taxpayer needs. Against this background SARS will be launching two specific initiatives directed towards streamlining and enhancing its ability to respond to and resolve taxpayer problems.
The first initiative focuses on disputes arising from the interpretation of the tax laws and decisions made in terms of those laws. The different tax laws already contain mechanisms to resolve these disputes. However, SARS recognises that there is room for further improvement in these dispute resolution mechanisms. New rules for the objection and appeal process have been drafted including a new framework for an alternative dispute resolution process. This has been supplemented by an increase in the jurisdiction of the Special Board - the tax equivalent of the small claims court - to handle disputes of up to R100 000.
The new rules for the objection and appeal process have been the subject of extensive consultation with tax practitioners, advocates, and judges ove r the past year. This approach will ensure that taxpayers and SARS meet to explore the possibilities of settling the matter before it ultimately enters the court system. These rules will be promulgated in the second half of the year.
In order to reduce litigation costs and delays, the new approach to dispute resolution will also incorporate an alternative dispute resolution mechanism. An alternative dispute resolution unit has already been established at SARS's head office to begin processing existing disputes at the head office. Alternative dispute resolution sections will be established at branch office level during the second half of the year.
The second initiative recognises that mechanisms are required to assist taxpayers who are having difficulty in resolving problems of a procedural nature with SARS. In line with the announcement made in the Budget Speech, SARS will establish a Taxpayer Complaints Resolution Office which will function independently of branch offices, reports directly to the Commissioner, and maintain an objective perspective on the complaints it receives. The creation of this office is tangible evidence of SARS's commitment to the improvement of service delivery.
The Taxpayer Complaints Resolution Office will fast track and follow up on complaints on procedural matters that cannot be resolved at the branch office level. Where the complaint relates to a dispute as to the merits of a decision or assessment, the Taxpayer Complaints Resolution Office will advise the taxpayer of the steps that he or she needs to take to make use of the dispute resolution mechanisms. The taxpayer complaints resolution office will not be involved in deciding the merits of the assessment.
ï¿½ Delays in making decisions, processing returns or effecting refunds, correction of mistakes, etc.
This office will not only benefit individual taxpayers who make use of it, but will also enable SARS to assist all taxpayers by building and maintaining a profile of areas requiring improvements.
<fn>GOV-ZA.2002040En.2012-02-10.en.txt</fn>
To regulate the prescription and to harmonise the periods of prescription of debts for which certain organs of state are liable; to make provision for notice requirements in connection with the institution of legal proceedings against certain organs of state in respect of the recovery of debt; to repeal or amend certain laws; and to provide for matters connected therewith.
[Para. (f) substituted by s. 88 of Act 12 of 2005.
[Para. (g) added by s. 88 of Act 12 of 2005.
a department within a provincial administration and mentioned in the first column of Schedule 2 to that Act.
which has not been extinguished by prescription before the fixed date and in respect of which any legal proceedings were instituted before the fixed date.
Any legal proceedings referred to in subsection (2) (b) must be continued and concluded as if this Act had not been passed.
For purposes of this Act, legal proceedings are instituted by service of any process, excluding a notice, on an organ of state in which a creditor claims payment of a debt.
The laws referred to in the Schedule are, as from the fixed date, amended or repealed to the extent set out in the third column of the Schedule.
after the fixed date, will be extinguished by prescription as contemplated in Chapter III of the Prescription Act, 1969 (Act 68 of 1969), read with the provisions of that Act relating thereto.
Subject to subsection (4), any period of prescription which was applicable to any debt referred to in subsection (2) (a) , before the fixed date, will no longer be applicable to such debt after the fixed date.
The expired portion of any period of prescription applicable to a debt referred to in subsection (2) (a) , must be deducted from the said period of prescription contemplated in Chapter III of the Prescription Act, 1969, read with the provisions of that Act relating thereto, and the balance of the period of prescription so arrived at will constitute the new unexpired portion of prescription for such debt, applicable as from the fixed date.
If the unexpired portion of the period of prescription of a debt referred to in paragraph (a) will be completed within 12 months after the fixed date, that period of prescription must only be regarded as having been completed 12 months after the fixed date.
such particulars of such debt as are within the knowledge of the creditor.
a debt referred to in section 2 (2) (a) , must be regarded as having become due on the fixed date.
upon receipt of a notice which does not comply with all the requirements set out in subsection (2).
subsection (2) (a) , the creditor may apply to a court having jurisdiction for condonation of such failure.
If an application is granted in terms of paragraph (b) , the court may grant leave to institute the legal proceedings in question, on such conditions regarding notice to the organ of state as the court may deem appropriate.
a person referred to in paragraph (f) of the definition of 'organ of state', to that person.
Any process by which any legal proceedings contemplated in section 3 (1) are instituted must be served in the manner prescribed by the rules of the court in question for the service of process.
the Provincial Commissioner of Correctional Services as defined in section 1 of the Correctional Services Act, 1998, of the province in which the cause of action arose.
No process referred to in subsection (1) may be served as contemplated in that subsection before the expiry of a period of 30 days after the notice, where applicable, has been served on the organ of state in terms of section 3 (2) (a).
This is the Institution of Legal Proceedings against certain Organs of State Act, 2002.
Merchant Shipping Act, 1951 1. The repeal of section 343.
The amendment of section 344 by the deletion of subsection (4). The repeal of section 113. The repeal of the whole.
The amendment of section 68 by the deletion of subsection (4). The repeal of section 42A. The repeal of section 108. The repeal of section 52.
The repeal of section 26. The repeal of section 39.
The repeal of section 57.
'(1) Any legal proceedings against a municipal police service or member of a municipal police service for the recovery of a debt as defined in the Institution of Legal Proceedings against certain Organs of State Act, 2002, shall be instituted against the municipal council in question.'.
any person who operates or has constructed a national road, will be liable for any damage or loss suffered by any person through the use of any part of the national road other than the roadway or as a result of the closure or deviation of a national road under this Act.'.
The repeal of section 130.
The amendment of section 109 by the deletion of subsection (1).
<fn>GOV-ZA.2002041101En.2012-02-10.en.txt</fn>
Thank you for joining with us to discuss the major ethical challenge, a challenge which demands a response in respect of public health financing within countries, public private partnerships and the relations between North and South to guarantee the basis for sustainable development.
The appeal to our collective conscience is that every day, 4 000 children die in the world from diseases that could have been prevented by vaccination. Yet, diseases for which very effective and safe vaccines exist, like measles, pertussis, tetanus, hepatitis B, Haemophilus Influenzae type B (meningitis and pneumonia), polio and diphtheria, collectively kill nearly 3 million people each year, of whom 2 million are children living in developing countries. Obviously, Sub-Saharan Africa and other low-income countries bear the brunt of this burden. A child living in a poor country is one thousand times more likely to die of measles than a child living in a high-income country. Millions more people could be spared the illness and life-long disabilities related to these preventable infectious diseases. Vaccinations not only reduce infant and child deaths, they potentially provide long-term protection against certain diseases like tuberculosis, which impose a major burden of ill-health on adults.
The 4 000 deaths a day, is our collective crisis of conscience.
It is the fact that the solution is as glaringly obvious, and the costs as manageable, that presents the responsibility for vaccination as a fascinating case study in the paradigm of international development, financing, cooperation and governance issues.
The wide unevenness in vaccine accessibility reflects so many of the core issues of the international order. The huge successes in many regions of the world provide far-reaching lessons for regional and global governance. They teach of the interaction between the best scientific development and the ability of governments to deliver; new approaches to financing development and the structuring of the global order; and to the collaboration between nation states, multinational corporations and global and regional organisations.
Three weeks ago, we adopted the Monterrey Consensus document, which defines the gaps in the funding of development. The preparations for the Monterrey Summit saw significant increases in Official Development Assistance announced by a number of industrialised countries. The recognition that there is something seriously amiss in the financing for development is indisputably accepted. The path to correction must still be taken.
In just over four months, we will host the World Summit on Sustainable Development, the focus of which will be on the three inter-related elements of sustainability -economic development, social development and environmental protection. A discussion on the financing of vaccinations could not have been better timed than between the Monterrey and Johannesburg summits. It is all of our responsibility, it is a critical element of sustainable development and the resources must be found.
The inter-relationship between health and economic development was highlighted in the recent report of the Commission on Macroeconomics and Health.
Income, not only absolute income levels, but also by the distribution of incom?
Access to a range of basic services such as water, sanitation, housing and electricit?
The constraints on economic development translate into poor performance in all of these factors affecting health. However, we should recognise that improved economic growth will not automatically translate into improved health. The economic growth needs to be translated into increased investment in government spending on the full range of social services, as well as the improved distribution of these services among the population.
Improved health, in turn, will contribute to the improved prospects for economic development. Healthy children are better able to reap the fruits of better schooling and a more educated workforce can contribute to achieving economic development goals. A healthy workforce reduces lost productivity due to days off as a result of illness. There are cogent reasons for investing in health, on both trite economic and humanitarian grounds.
So, what stands in the way of implementing the overwhelmingly logical proposals to finance and roll-out vaccination programmes?
Governance is always about choices, and Finance Ministers the world over have to reconcile competing claims on government resources. The challenge to spend on basic services and social grants in order to deliver better health outcomes is incredibly strong. A recent study here in South Africa showed that interventions to address disparities in socio-economic status, particularly through income transfers, contribute substantially to improved health status. This study, conducted by the National Bureau for Economic Research found that households with a member in receipt of a non-contributory state pension had significantly higher health status than household in the same community that did not have pensioner as a member.
Sadly, most governments in poor countries do not have free choices. Too often there are imposed conditionalities which require performance against macroeconomic variables only. This focus is wrong because it fails to understand that sustainable change requires investment in a series of social and micro-economic areas. But then, there are also electorates who require of governments to build the grand projects during their limited term in office. Against these criteria, mass vaccination programmes will also tend to fail the test of 'grandness'.
We need to leave this conference committed to ensuring that the whole world understands that vaccination programmes are grand projects and that conditionalities that focus on macroeconomic variables to the exclusion of key issues like sustainable improvements in the health indices of a nation are doomed to failure.
Very attractive cost-effectiveness and cost-benefit ratio?
A clear case of a public goo?
A sound public financing investment under almost any circumstance?
Eradication or elimination of mass epidemics of the past - smallpox, polio, tetanus, diphtheria has been an outstanding feature of modern civilisatio?
Research to develop mass interventions against HIV/AIDS, malaria and TB present major research challenges for the present century?
The tragedy of our times is that despite the low cost and cost-effectiveness of vaccinations, and despite the fact that no argument - medical, sociological or political, can be offered against it, too many countries are too poor to provide this service. There are a number of Sub-Saharan countries that are only able to contribute between $1 and$2 per capita to finance health services annually. It is estimated that an additional $ 1 billion is required to ensure that all children have the additional set of vaccinations, or $ 1.5 billion if the Hep-B and Hib vaccines are added to the compulsory list.
We can, and must, commit to seeking even lower costs of immunisation programmes through maximising the advantages of NEPAD , to ensure bulk buying and improved administration for the roll-out. We must work across sovereign borders because infectious diseases do not recognise these borders. Reducing the incidence of infectious diseases is thus a global concern. Funding the $ 1.5 billion required would cost donor countries only $6 for every $ 100 000 of their wealth.
We must now up the campaign for ODA -either directly to countries or through intermediaries like GAVI (the Global Alliance for Vaccines and Immunisation). Documentation produced by GAVI and the World Bank usefully describe a wide range of funding options for vaccination. The key is to change the outlook by identifying the need to eliminate preventable diseases as a global public good -the World Health Organisation estimates that of all the expenditures on health research, 90% is for diseases that affect only 10% of the world's population. Vaccines represent only 1.5% of the global pharmaceutical market. It is obviously much more profitable for the private industry to sell high-margin pharmaceuticals in wealthy countries than to sell low-margin vaccines in poor countries. But we, as public policymakers, as thinkers, as academics, as the carers, must have a different agenda. We have the potential to help or hinder development. We can break the cycle of poverty and disease. Let us define an agenda for action. We can change the norms. Let us do so.
<fn>GOV-ZA.2002041801En.2012-02-10.en.txt</fn>
"Bond Exchange" The Bond Exchange of South Africa, a licensed financial exchange in terms of the Financial Markets Control Act, No.
"Central Depository" The Central Depository Limited (Reg. No. 91/00941/06) operating in terms of the Safe Deposit of Securities Act, No.
"issue" Subject to the provisions of the Financial Management Act, 1999 (No.
"Republic of South Africa Variable Rate Internal Registered Bond" "Republic of South Africa Internal Registered Bonds" means Republic of South Africa Internal Registered Bond R199 classified as "loan stock" pursuant to the provisions of the Financial Markets Control Act, No. 55 of 1989 as well as specified in the Financial Regulations 13.11.5 made under section 66 of the Public Finance Management Act, 1999 (Act no. 1 of 1999).
This document should be read in conjunction with Financial Regulations (inclusive) made under section 66 of the Public Finance Management Act, 1999 (Act no. 1 of 1999).
Republic of South Africa Variable Rate Bonds 2007. The loan will bear the bond code R199.
The authorisation to issue was given by the Minister of Finance on 20 February 2002 in terms of Section 66(2) of the Public Finance Management Act (Act 1 of 1999). In terms of Section 214(2)(b) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) and Section 73 of the Public Finance Management Act the repayment of the capital amount and the interest thereon shall be a direct charge against the National Revenue Fund and is deemed to have been appropriated by Law.
The purpose of the issue is to raise funds to be used for the general purposes of the National Government.
A variable coupon will be paid every quarter in arrears until 30 March 2007.
Coupon payment dates will be 30 March, 30 June, 30 September and 30 December of each calendar year up to and including the redemption date, and the first payment will be made on 30 June 2002.
The Registers will be closed from 16 March till 30 March, 16 June till 30 June, 16 September till 30 September and 16 December till 30 December of each year (all dates inclusive) or such shorter period as market conditions may allow to determine bondholders entitled to receive interest.
Interest will cease to accrue on the bond from the maturity date.
If the coupon payment date is not a Banking Day, payment will be made on the next succeeding Banking Day without any additional payment of interest.
Interest will, subject to Exchange Control Regulations, be paid in the currency of the Republic of South Africa on the interest date to the bondholder registered at book close date by electronic transfer into the accounts of the bondholders specified in their payment instructions, unless in respect of individual bondholders, alternative instructions are agreed with the transfer secretaries in advance.
As at the date of this document and in terms of current legislation, interest derived from an investment in Government bonds is fully taxable for residents while non-residents are exempted.
The coupon rate on this bond will be equal to the ruling effective interest rate on the 91-day Treasury Bills which is determined by the last 91-day Treasury Bill tender before the issue date. Subsequent coupon rates will be equal to the effective 91-day Treasury Bill interest rate which is determined by the last 91-day Treasury Bill tender on/or before the commencement of the interest period.
The National Treasury pays interest to the registered holders on the respective interest dates on the basis of actual days in interest period/365 days.
Variable rate bonds will be made available to the market by means of auctions. Participation in the auctions will be open to all market participants. Bids at the auctions should be submitted based on price and should be for the minimum amount of R10 million and multiples of R5 million. Provision should be made for cum or ex interest in the price. Bonds will be allotted on the basis of highest price bid until the auctioned amount is fully subscribed. The auction price will be converted to a bond yield for purposes of recording by the National Treasury and for reporting to the Bond Exchange.
In the unlikely event of any circumstances that might, in the discretion of the National Treasury, be considered to adversely impact on the fairness of a particular auction, the National Treasury retains the sole right in the allotment of auctioned bonds to individual bidders.
Repayment will be effected at par on 30 March 2007. No redemption payment in respect of bonds held by individual bondholders will be made unless the certificate in respect of the bond has been surrendered to the transfer secretaries. Certificates must be surrendered 14 days prior to the redemption date and it is not the responsibility of the transfer secretaries to give notice to individual holders on the maturity of their bonds.
Redemption payments will, subject to Exchange Control Regulations, be made in the currency of the Republic of South African on the redemption date by electronic transfer into the accounts of the bondholders specified in their payment instructions, unless in respect of individual bondholders, alternative instructions are agreed with the transfer secretaries in advance.
If the redemption payment date is not a Banking Day, payment will be made on the next succeeding Banking Day without any additional payment of interest.
Bonds are not repayable prior to the maturity date.
The bond is listed on the Bond Exchange as an approved financial instrument under the bond code R199.
Former residents of the Common Monetary Area (being the Republic of South Africa, Namibia and the Kingdoms of Swaziland and Lesotho) may use blocked funds to acquire Republic of South Africa bonds subject to South African Exchange Control Regulations.
All payments in respect of application for Republic of South Africa bonds by non-residents must be made through an authorised dealer in foreign exchange.
Republic of South Africa bonds issued to a non-resident individual bondholder whose registered address is outside the Common Monetary Area will be endorsed "non-resident" and will be sent to the authorised dealer through which the payment was made for their control in terms of the South African Exchange Control Regulations.
Transfers of this bond will be effected by deeds registered in the books of the transfer secretaries, where the register of bonds are kept and as prescribed by Section 135 of the Companies Act, 1973 (Act No. 61 of 1973).
The Central Depository, which holds scrip in custody and facilitates transfer of ownership electronically within the depository system and the individual bondholders, will be the registered bondholders. The transfer secretaries will list in their register, the Central Depository and the individual bondholders. The settlement agents will keep registers of those bondholders in the Central Depository.
The bond register will be closed for the registration of transfers, 14 days before each quarterly interest date.
Bond certificates shall be issued by the transfer secretaries to the transferees for the full amount transferred into their own names.
Settlements take place electronically, via a settlement agent and according to the rules of the Bond Exchange of South Africa. Rolling settlements of T+3 will apply. Settlement agents will follow the electronic settlement procedures prescribed by the rules of the Bond Exchange.
In terms of Section 25 of the Public Finance Management Act, 1999 (Act 1 of 1999), the National Treasury shall not be responsible for the fulfillment of any obligation resulting from any lien, whether expressed, implied or construed, which is held over a bond certificate, notwithstanding whether the National Treasury was notified of such lien or not.
In the event of a bond certificate being lost, destroyed or damaged, the transfer secretaries may on request and upon payment of all reasonable costs and fulfillment of any other conditions that may be set, replace such certificate.
The bondholder must immediately advise the transfer secretaries of any change of address.
The South African government bonds are listed on the Bond Exchange as an approved financial instrument in terms of the Financial Markets Control Act, No. 55 of 1989 and the Rules of the Bond Exchange.
National Treasury Asset and Liability Management Branch Private Bag X 115 PRETORIA, 0001 Telephone no. +27 12 315-5274 Facsimile no.
<fn>GOV-ZA.2002041802En.2012-02-10.en.txt</fn>
The Republic of South Africa intends to issue Bonds as hereinafter defined in the terms and conditions set forth herein.
"Additional Amount" means any additional amount to be paid by the Issuer to the Bondholders, as contemplated in clause 5.
"Calculation Agent" means the Republic of South Africa, acting through the Minister of Finance, whose functions and duties are set forth in clause 9.
"Central Depository" means The Central Depository Limited (Reg.
"Consumer Price Index" or "CPI" means the weighted average of the consumer price index as published by Statistics South Africa, which is referred to as "CPI-All items for metropolitan areas" in Statistical release P0141.
"Issue" subject to the provisions of the Public Finance Management Act, 1999(No.
if Date is the first day of a calendar month, Ref CPIDate is the Consumer Price Index for the fourth calendar month preceding the calendar month in which Date occurs (which Consumer Price Index is typically published during the third calendar month preceding the calendar month in which Date occurs1)?
1 As an example, Ref CPI1 March 2000 is the CPI for November 1999, which was published in December 1999.
if Date occurs on any day other than the first day of a calendar month, then Ref CPIDate shall be determined in accordance with the following formula2?
"Republic of South Africa Internal Registered Bonds" means Republic of South Africa Internal Registered Bond, R198 classified as "loan stock" pursuant to the provisions of the Financial Markets Control Act, No. 55 of 1989 as well as specified in the Financial Regulations 13.1(1) - (5) made under section 66 of the Public Finance Management Act, 1999 (Act no. 1 of 1999).
"*" means multiplied by.
The Bonds shall be represented by Certificates and shall be transferable by registration in the Register. However, nothing in these Conditions precludes any Bonds from being held through any settlement system or from being held in any depository in a certificate or dematerialised form.
2 For example, if Date is 15 March 2000, then Ref CPI15 March 2000 w ill be interpolated between Ref CPI1 March2000 and Ref CPI1 April 2000 . In other words, Ref CPI15 March 2000 will be determined by interpolating between the CPI for November 1999 (which was published in December 1999) and the CPI for December 1999 (which was published in January 2000).
Issuer for monies borrowed and guarantees given by the Issuer in respect of monies borrowed by others.
4.1 The Issuer's indebtedness in respect of the Bonds shall be the Capital Value plus accrued interest thereon as determined pursuant to these Conditions. The Capital Value of the Bonds is the adjusted Principal Amount thereof, where the Principal Amount is adjusted with reference to any increase or decrease in the Consumer Price Index.
Where "P" means Principal Amount.
5.1 On the Redemption Date of 31 March 2008, the Issuer shall pay the Bondholders the Capital Value of the Bonds on that Date; provided that, if the Capital Value of the Bonds on the Redemption Date is less than the Principal Amount, then the Issuer shall pay the Bondholders an additional amount equal to the shortfall.
5.2 The Issuer shall not be entitled to redeem the Bonds otherwise than is provided for in clause 5.1 above.
Notwithstanding anything contained in these Conditions, no redemption in respect of any Bond shall be made unless, if in a certificated form, the Certificate in respect of the Bond has been surrendered to the Issuer.
6.1 The Bonds shall bear interest at the Coupon on the Capital value of the Bonds in accordance with these conditions. A coupon of% per annum will be paid semi-annually in arrears on 31 March and 30 September of each calendar year up to and including the redemption on 31 March 2008.
6.2 The interest in respect of each Interest Period shall be determined as at the Interest Date following that Interest Period (i.e.
6.3 On the Redemption Date, the final coupon payment for a Bond shall be calculated solely with respect to the Capital Value of such Bond, without regard to any Additional Amounts.
6.4 The interest in respect of each Interest Period shall be payable on the Interest Date following the Interest Period or, if that date is not a Business Day, then on the next Business Day.
Interest in terms of this clause 6 shall cease to accrue on Bonds as from the Redemption Date.
7.1 All amounts payable by the Issuer in accordance with these Conditions shall be paid free of set-off or deduction in the Republic of South Africa and in the currency of the Republic of South Africa.
7.2 All amounts payable on or in respect of each Bond shall, unless otherwise agreed between a Bondholder and the Transfer Secretary, be paid by electronic funds transferred to the account of the relevant Bondholder as set forth in the Register or, in the case of joint Registered holders of a bond, the account of that one of them who is first named in the Register in respect of that bond.
7.3 If any day for payment of principal or interest in respect of any Bond is not a Business Day, the Bondholder shall not be entitled to payment until the next Business Day following such day or to any interest or other sums in respect of postponed payment.
All payments will be subject to all fiscal or other laws and regulations applicable thereto in the place of payment.
For calculation purposes, in terms of these Conditions, any cashflow resulting from a Bond shall be rounded to the nearest one cent.
9.1 In the event that the CPI is reset, then a new Reference CPI that is applicable for the Issue Date will (if necessary) be calculated in such a way that the Capital Value of a Bond is the same immediately before and after the reset.
9.2 If, as a result of a delay in the publication of the CPI, the CPI is not available in order to make a determination in accordance with these Conditions, then subject to clause 9.
Let the CPI value for the month m that is required be denoted by CPIm.
CPIm = CPI m-n * (CPI m -n / CPI m-n-12) n/12 9.3 If it is necessary to use these formulas to calculate a substitute CPI value, then it will be used for all subsequent calculations that rely on that month's Index Ratio, and will not be replaced by the actual CPI when it is reported, except for use in the above formulas. When it becomes necessary to use the above formulas to calculate a substitute CPI value, the last CPI that has been reported will be used to calculate CPI values for months which the CPI has not been reported timeously.
discontinued; or in the reasonable judgement of the Calculation Agent, fundamentally altered in a manner that is materially adverse to the interest of the Bondholders; or in the reasonable judgement of the Calculation Agent, altered by law in a manner that is materially adverse to the interest of Bondholders, then the Calculation Agent will, after consultation with Statistics South Africa or any successor entity, substitute an appropriate alternative index.
9.5 A change to the CPI will be considered fundamental if it affects the character of the CPI. Technical changes made by Statistics South Africa to improve its accuracy as a measure of consumer price changes will not be considered fundamental changes. Technical changes include, but are not limited to, changes in (1) the specific items (for example, shoes or television sets) to be priced for the index; (2) the way individual price quotations are aggregated to construct component price indices for these items (aggregation of item sub-strata); (3) the method for combining these component price indices to obtain the comprehensive, all items CPI (aggregation of item strata); and (4) the procedure for incorporating new goods into the index and making adjustments for quality changes to existing goods.
9.6 As soon as practicable after effecting any substitution of an alternative index, the Issuer shall give notice of the substitution and the effective date thereof in the Government Gazette.
10.1 It is recorded that when the Bonds are initially issued, the Bonds shall be dematerialised in the Central Depository. This will entail that the nominee of The Central Depository will be reflected in the Register as a Bondholder. Holders to whom Bonds are allotted, or who subsequently purchase Bonds thereby become entitled to an interest in Bonds held in the Central Depository.
10.2 A holder of an interest in Bonds in the Central Depository who wishes to receive a certificate and be reflected in the Register as a Bondholder may on request in writing to the holder's Central Depository participant withdraw the interest in Bonds from the Central Depository. Joint Bondholders will be entitled to receive only 1 (one) certificate in respect of that joint holding; and delivery to one of those joint Bondholders shall be deemed delivery to all of them.
10.3 If a Certificate is worn out or defaced then upon its presentation to the Issuer, the Issuer may cancel that Certificate and issue a new Certificate in its place.
10.4 If a Certificate is lost or destroyed then upon proof thereof to the satisfaction of the Transfer Secretary, a new Certificate in lieu thereof may be issued to the person entitled to that lost or destroyed Certificate, provided that the Bondholder shall provide the Transfer Secretary and the Issuer with an indemnity and pay any out-ofpocket expenses for investigating the loss. The person providing the indemnity and the form of the indemnity shall be to the satisfaction of the Issuer.
An entry as to the issue of a new Certificate shall be made in the Register.
11.1 The Issuer shall procure that the Transfer Secretary shall keep a register of Bondholders in accordance with this clause 11.
shall be open for inspection at all reasonable times during business hours on Business Days by any Bondholder or any person authorised in writing by a Bondholder; and shall be closed from each Books Closed Date until the next Interest Date.
11.3 The Transfer Secretary shall, upon written notice by a Bondholder, alter the Register in respect of any change of name, address or account number of the Bondholder.
shall not be bound to enter into the Register the fact that a Bondholder may be holding Bonds in trust or as agent or mandatory for any third party and the Issuer shall have no responsibility whatsoever to such third party.
12.1 It is recorded that interests in Bonds which are lodged in the Central Depository may, in terms of existing law and facilities, be transferred through the Central Depository by way of book entry in the securities accounts of the BESA settlement agents. Such transfers will not be recorded in the Register and the nominee of the Central Depository Limited will continue to be reflected in the Register as the Bondholder notwithstanding such transfers.
must be in writing and in the usual form or in such other form approved by the Issuer must be signed by or on behalf of the relevant Bondholder and the transferee; and must be delivered to the Transfer Secretary together with the Certificate in question for cancellation (if only part of the Bonds represented by a Certificate is transferred, a new Certificate for the balance will be issued to the transferor and the cancelled Certificate will be retained by the Transfer Secretary).
12.3 The Transferor of any Bonds represented by a Certificate will be deemed to remain the owner thereof until the transferee is Registered as the holder thereof.
12.4 No transfer will be Registered whilst the Register is closed.
If a transfer is Registered then the transfer form and cancelled Certificate will be retained by the Transfer Secretary.
The issuer shall be entitled to assume for all purposes that the person reflected in the Register as the holder of any Bonds is the true owner of those Bonds.
The issuer or its nominee shall have the right to purchase any of the Bonds at any time.
The issuer will apply to have the Bonds listed on BESA.
The Bonds and all rights and obligations relating thereto are governed by the laws of the Republic of South Africa.
These bonds will be considered as strippable in future. The market will be informed accordingly.
18.1 In terms of the current legislation, as at the date of these terms of issue, South African Government Bonds are transferable free of stamp duty and registration charges. Any further statutory charges will be for the cost of Bondholders as recorded in the register at such time.
The authorisation to issue was given by the Minister or Finance on 20 February 2002 in terms of Section 66(2)(a) of the Public Finance Management Act (Act 1 of 1999). In terms of Section 214(2)(b) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) and Section 73 of the Public Finance Management Act the repayment of the capital amount and the interest thereon shall be a direct charge against the National Revenue Fund and is deemed to have been appropriated by Law.
The purpose of the issue is to raise funds to be used for the general purposes of the Government of the Republic of South Africa.
The Bonds will be listed on BESA under Bond code R198 4.
In the unlikely event of any circumstances that might, in the discretion of the Issuer, be considered to adversely impact on the fairness of a particular auction, the Issuer retains the sole right in the allotment of auctioned bonds to individual bidders.
5.1 Upon initial sale, given the real yield, the consideration for the Bonds shall be determined in accordance with the BESA bond pricing formula.
5.2 If for any reason the BESA CPI bond pricing formula is not available then the existing BESA bond pricing formula will be used. The BESA bond pricing formula ("the Formula") for the All-In Price is defined in Equation 6 of the document "Bond Pricing Formula Specifications", dated 20 August 1997, at the Internet location http://www.bondex.co.za/bondex/new/trading/index.html.
The Yield-to-maturity Y shall be the Real Yield of the Bond determined with reference to the agreement between the buyer and seller of the Bond?
The Settlement date S shall be the initial settlement date of the issue?
The Maturity Date M B shall be the Redemption Date?
The Coupon C B shall be as defined earlier?
The Redemption Amount R B shall be the Principal Amount?
The Books Closed Dates, Bc Dates, shall be as defined earlier?
The nominal amount of the bond, NOM shall be the Principal Amount, an?
PROUND shall be 5?
5.3 The result obtained from the Formula is multiplied with the unrounded Index Ratio as applicable to the Settlement Date, to obtain an unrounded result.
All intermediate calculations are done to the Institute for Electronic and Electrical Engineers' double precision (15 significant digits) standard?
The all-in price of the inflation indexed bond is obtained by multiplying the rounded all-in price from the BESA bond formula by the unrounded Index Ratio, and the result is rounded to 5 decimal places?
The accrued interest is calculated by multiplying the rounded accrued interest obtained from the BESA bond pricing formula by the unrounded Index Ratio. The result is rounded to 5 decimal places?
The (rounded) clean price is obtained by subtracting the rounded accrued interest from the rounded all-in price?
Bonds may be traded on BESA or its successor. Transactions on BESA will normally be effected for settlement in terms of their rules thereof from time to time (unless otherwise stipulated).
7.1 When the Bonds are initially issued, they will be issued in dematerialised form to the Central Depository.
7.2 Bonds held in the Central Depository are registered in the name of the nominee of The Central Depository Limited. In terms of the conditions relating to the Bonds, all amounts to be paid and all rights to be exercised in respect of the Bonds held through the Central Depository, will be paid to and may be exercised only by the Central Depository for the beneficial owners of the Bonds.
7.3 The Central Depository holds Bonds subject to the Custody and Administration of Securities Act, 1992 and the Rules of the Central Depository. The Rules of the Central Depository as at the date of this Offering Circular are as published by the Registrar of Financial Markets in the Government Gazette No 17637 of 6 December 1996.
7.4 The Central Depository maintains accounts only for the participants in the Central Depository. The participants are also settlement agents of BESA. As at the date of this Offering Circular, the settlement agents are ABSA Bank Limited, First Rand Bank Limited, Nedcor Bank Limited, The Standard Bank of South Africa and the South African Reserve Bank. The participants are in turn required to maintain securities accounts for their clients. The clients of participants may include beneficial owners of the Bonds or their custodians. The clients of participants, as beneficial owners of the Bonds or as custodians for the beneficial owners, may exercise their rights in respect of the Bonds held by them in the Central Depository only through the participants. Euroclear and Cedelbank may hold Bonds through their BESA settlement agent.
7.5 Transfers of interest in Bonds in the Central Depository to and from clients of Central Depository participants occur by book entry in the securities accounts of the clients with settlement agents (transfers amongst settlement agents of Bonds held in the Central Depository occur through book entry in the participants' central securities accounts with the Central Depository). The standard settlement period on BESA is "T+3". Transactions in Bonds concluded on BESA are settled by the settlement agents of book entry as described above.
7.6 The client of the Central Depository participant may at any time require the participant to withdraw any Bonds held by that client in the Central Depository. In that event the transfer is registered in the Register and the Issuer is required to issue Certificates in respect of the withdrawn Bonds to the Transferee in accordance with the Conditions.
Transfers of Bonds that are not held in the Central Depository may be effected only in terms of the rules of the Central Depository and these conditions relating to the Bonds.
National Treasury National Treasury Private Bag x 115 or 240 Vermeulen Street Pretoria Pretoria 0001 0002 9. PUBLIC FINANCE MANAGEMENT ACT, 1999 9.1 In terms of Section 75 of the Public Finance Management Act, 1999 (Act 1 of 1999), the issuer shall not be responsible for the fulfilment of any obligation resulting from any lien, whether expressed, implied or construed, which is held over a Certificate, notwithstanding whether the Issuer was notified of such lien or not.
9.2 The Conditions relating to the Bonds should be read in conjunction with Financial Regulations 13.1(1)-(5) made under Section 66(2)(a) of the Public Finance Management Act, 1999.
10.1 The following guidelines are not a comprehensive statement of the South African Exchange Control Regulations (The "Regulations") and reflect only the Issuer's understanding of the Regulations. Bondholders who have any doubt as to the action they should take should consult their South African Authorised Dealers in foreign exchange and/or professional advisers.
Any Certificates issued to Bondholders who are not resident in the Common Monetary Area will be endorsed "non-resident". In the case where non-residents hold bonds through the Central Depository, the securities accounts maintained for such non-residents by BESA settlement agents will be designated "non-resident".
It will be incumbent on any such non-resident to instruct the non-resident's nominated Authorised Dealer in foreign exchange as to how any funds due to such non-resident in respect of Bonds are to be dealt with. Such funds may, in terms of the Regulations, be remitted abroad only if the relevant Bonds are acquired with foreign currency introduced into South Africa and provided that the relevant Certificates or securities account, as the case may be, is designated "nonresident".
In the case where Certificates are issued to emigrant Bondholders, the Certificates will be deposited with the Authorised Dealer in foreign exchange controlling such emigrants' blocked assets. Where emigrants hold Bonds through the Central Depository, the securities accounts maintained for emigrants by Central Depository participants will be restrictively designated.
Any monies due in respect of Bonds to an emigrant holder will be deposited in the emigrant's Blocked Rand account with the Authorised Dealer in foreign exchange controlling their blocked assets. The amounts are not freely transferable from the Common Monetary Area and may only be dealt with in terms of the Regulations.
10.3 For the purposes of paragraph 10, the Common Monetary Area includes the Republic of South Africa, Lesotho, Namibia and Swaziland.
Signed at Pretoria on behalf of the Issuer on 2002.
<fn>GOV-ZA.2002042201En.2012-02-10.en.txt</fn>
Today the Republic of South Africa successfully launched a new 7.375% US$bn 10-year Global bond maturing in April 2012. The transaction was preceded by a 6-day investor roadshow in major European and US centres. The transaction generated over US$bn in orders from 120 international investors. As a result of the significant demand the issue was increased from US$750mm to US$1,000mm.
The transaction represents South Africa's largest new issue bind in the capital markets to date. The issue attracted a significant number of new investors to South Africa's credit.
The new bond was priced at 240bps over the benchmark 10-year US bond (equivalent to $ Libor + 177 bps), 5bps tighter than the initial price talk. The coupon of 7.375% is the lowest ever coupon South Africa has paid for a US&denominated issue. The transaction completes the South African Government's funding program for fiscal year 2002/2003 in the international capital markets. The success of today's transaction reflects South Africa's economic fundamentals and consistent economic policies as recognised most recently in a sovereign rating upgrade by Moody's in November 2001 to Baa2.
Proceeds of the bond issue will allow for a further significant reduction of the net open forward position (NOFP) of the SARB.
Barclays Capital and JP Morgan acted as joint-lead managers and bookrunners for the transaction. The Standard Bank Group of South Africa acted as a senior co-lead manager.
This announcement is directed at persons who are located outside of the United Kingdom or, were located in the United Kingdom, only to (a) persons who have professional experience in matters relating to investments falling within Article 19 (1) (a) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (the "Order") or (b) high net worth entities, and other persons to whom it may otherwise lawfully be communicated, falling within Article 49 (1) (a) of the Order (all being "relevant persons"). Any investments or services available in relation to the announcement are only available to such relevant persons and no other person should act on or rely on any information contained in this announcement.
This announcement is not an offer of securities for sale in the United States, which cannot occur absent registration or an exemption from registration. Any public offering of these securities in the United States will be made by means of a prospectus that may be obtained from the Republic of South Africa and will contain detailed information regarding the Republic , and its government, economy and fiscal affairs. The Republic of South Africa intends to register a portion of the bond issue with the US Securities and Exchange Commission for sale in the United States.
<fn>GOV-ZA.2002050901En.2012-02-10.en.txt</fn>
Thank you for the opportunity to address you this evening. There has perhaps never been a more important time in the history of the auditing profession. Many commentators and policymakers across the world consider the profession to be in the throes of a profound crisis.
Thus, Professor William T Allen, Chair of the (USA) Independence Standards Board writes, "Indeed, it may not be an exaggeration to say that the idea of the accounting profession appears to be in mortal danger. We have for a century or more delivered the kind of intellectual services to the public through the structure of self-regulating professions. This structure, developed from the guilds and monasteries, took its modern form with respect to the delivery of medical and legal services." But, Professor Allen also reminds us, " Auditors are not wholly private actors. Like lawyers and doctors they must be licensed, but unlike those other professions, auditors bear an important duty not to their clients, but to the investing public. This is the distinctive and central aspect of public auditors."
Similarly, Harvey Pitt, President of the USA Securities Exchange Commission argues , " There is a need for reform of the regulation of our accounting profession. We cannot afford a system, like the present one, that facilitates failure rather than success. Accounting firms have public responsibilities. We have had too many financial and accounting failures." He further suggests, " while there are many facets of our system that need repair, the potential loss of confidence in our accounting firms and the audit process is a burden our capital markets cannot and should not bear."
Whilst Mr Pitt's comments are in the wake of the Enron scandal, Professor Allen's comments are dated December 1998.
Obviously, the Enron scandal had strongly spotlighted the problem. Indeed, we must recognise that the issues are much, much larger and much older than the Enron/Andersen debacle.
A recent article in the San Fransisco Chronicle says, "Rite Aid Corp, for example, overstated its profits by more than $ 1 Billion a few years ago, despite the auditing of the KPMG accounting firm. Cendant Corp. perpetrated a multimillion-dollar accounting fraud under the watchful eye of Ernst & Young.
Right here in South Africa, we need to remind ourselves that the Nel Commission was established after the Masterbond saga a decade ago, that the jury is still out on what transpired in respect of the relationship between auditors and management in a number of corporate failures including the New Republic Bank, Macmed and Leisurenet. The Myburgh Commission established to examine the cause of the Regal Treasury collapse was unequivocal in calling for stern action against the named auditors in the instance. And, it is early days yet in the revelations of failed corporate governance, allegedly involving the auditors, in the instance of Tigon.
But before the view takes root that I am merely dumping on esteemed licensed public accountants and auditors here, let us pause to consider the following comments in the Business Week (18 February 2002). As financial scandals go, this one has everything. A Big Five accounting firm accused of overlooking wildly improper deals in its probes of a client's books. A client that's one of the country's biggest energy firms, and yet is now a symbol for the evils of crony capitalism. The amounts involved Billions and billions. Only one thing. We're not talking about Enron. No, the company at the center of this nasty tale is Gazprom, the biggest company in Russia, with sales of $ 20 billion in 2001, and one of the largest energy producers on the planet, with reserves six times the size of Exxon Mobil corp's. The auditor in question is PricewaterhouseCoopers, the world's largest accounting firm.?
I raise these matters forthrightly. None of the instances are secret. I raise them as I do because of my fundamental belief in the public responsibilities of accountants and because we cannot afford a loss of confidence in the profession.
We cannot merely lament the crisis. The situation demands detailed analysis and swift action.
From the perspective of government, a series of questions arise as part of the analysis.
The appropriateness of accounting standards and disclosure rules, including the illusion of clarity on GAAP and the absence of standards to deal with new issues such as derivatives, and the whole gamut of off-balance-sheet holes. These problems relate to unclear rules and procedures, but in addition there is a vast grey area which allows for gross manipulation such as the 'commitments', which are, in truth, contingent liabilities but carried only in footnotes, and the pervasive practice of artificially enhanced reported earnings.
The need for 'current disclosures' , which will modify the traditional accounting and audit practice of periodic, ex post disclosures. The methods of preparing financial statements, it is argued, were designed in the 1930's for an industrial age, looking backwards to historic costs whereas what is needed is more current information.
The conflicts of interest - between the audit and consulting functions within firms. This issue is moot - Arthur Levitt, former President of the SEC, argued strongly for a clear break between the two. In contrast, Colin Beggs argues that this is an unnecessary knee-jerk reaction. Whereas Howard Davies, Chairman of the Financial Services Authority suggests that limits be placed on the amount of non-audit work that an auditor can undertake for an audit client.
The bigger conflict obviously arises in respect of whom the auditors are accountable to. For as long as the principal relationship is between the auditors and the finance director, there will be problems. There is an overwhelming sense of too cosy a relationship. There are very, very few reported instances of auditors blowing the whistle on their clients - more often than not, where fishiness is uncovered, it is dealt with very, very quietly.
The absence of term limits for auditors is a proposal increasingly finding resonance. In jurisdictions like Brazil, it is already a statutory requirement. The hope is, of course, that a new firm of auditors has the professional interest in not extending cover-ups. It is clearly not a watertight proposal - too much remains from the monastic period of the profession. I would, notwithstanding this limitation, propose a three-year period for consideration.
The questions of audit costs and liabilities of auditors for failing to properly disclose is obviously an issue. We need clarity on what is affordable, on what is justifiable and on the detail of service level agreements. The key challenge is to run beyond the norms of what are considered 'statistically meaningful', to encourage deeper, more consistent audits without unnecessarily raising the costs to the economy unnecessarily.
The need to extend public responsibility to include matters of tax compliance and liabilities incurred for poor advice to clients. From the perspective of SARS, we encounter too many instances of corporations who aggressively structure their tax liabilities on the best advice of their auditors, of course. There are too many instances where the advice has just been plainly wrong. SARS clients then have to meet the unplanned commitments, with no skin off the faces of the tax advisors. My submission is that this situation is untenable.
The absence of public remedies for both errant CEO's and auditors. Whilst I welcome the recent statement by Alta Prinsloo, "We need more monitoring and a big stick", I am waiting to see the use of the stick, even in instances where Commissions have spoken and the prima facie evidence is overwhelming. Is part of the problem not that the ethics panels are drawn exclusively from the ranks of the profession And then, when should we hold entire firms liable?
There was a time when deregulation was exceedingly fashionable. The upshot of this is that we rely entirely on self-regulation by the profession. Attempts to toughen accounting and ethical standards do not easily win acceptance within the guild. Should we not be thinking beyond the SAICA, PAAB and JSE relationship to strengthen regulation and compliance We are a savings-shy country, we therefore need to demonstrate that our regulation, systems and controls are amongst the world's best, in order to attract the investments to fill the gap. We cannot afford the luxury of failure and the one guarantee we have is strong public commitment from our accountants and auditors. Our regulatory and legislative framework must support this?
Obviously, some of the issues are beyond the realm of SAICA, to matters of corporate governance and the essence of company law. The role of directors, especially non-executive directors and audit committees as essential facets of corporate governance must be strengthened. This is the guarantee of the construction of the three-legged stool - audit committee, managers and auditors, providing the stability and confidence.
These are clearly ten tough sets of issues. As government, we must be seen to act in the interests of consumers -be they end users, depositors, policy-holders, small investors, or workers. But, as government, we also run the risk of capture - we are the custodians of vast sums of public money. Our accounting standards must also be exemplary. Like the rest of audit clients, we are also dependent on the services which SAICA members offer. Like the rest of audit clients, we also are aware of cosy relationships which sometimes develop between auditors and financial officers. We also must be alive to the risks.
As public accountants and auditors, your licence to practice will be measured by your ability to render a good quality service and protection to these categories of people.
We cannot ask of you to operate in an environment designed for a different era. We need to set new standards. We must encourage you to develop the ethical standards which will distinguish your profession and restore it to full confidence. We must underpin this huge endeavour with the appropriate legislation - this is the reason for my pleading for a new push in respect of the Accounting Professions Bill.
Your job and ours, is to raise the levels of compliance. We must therefore commit to making it easier for good, honest citizens to do business and to have confidence in the rules of the system within which they live and work. Your job and ours is to outlaw crookedness and chicanery.
If we share the commitment to create that environment where the rules apply equally to all, and where honesty is rewarded, then together, we must develop a work programme to answer the ten sets of issues I have raised this evening.
As we tackle these matters, we are likely to engage with a series of other matters that have shaped the profession, including the trend to fewer, larger firms. All of the arguments to date have been premised on the economies of scale rationale. I have no doubt that changes to disclosure rules and the liability of partners is likely to focus also on this premise, throwing up the possibility to argue from the premise of economies of scope, producing smaller, interlinked firms with a higher levels of specialisation and increased opportunities for ad hoc, rather than formal partnerships.
These are huge issues that demand a considered but urgent response which must produce revised legislation and a new institution capable of dealing with procedures, ethics and action. I want to invite SAICA to join with other organisations and the Ministry of Finance to form a special task group which will operate within defined time lines.
We can and must tackle these matters from a fresh perspective. There can be no sacred cows.
We must operate from the premise that we shall, in the interests of this and future generations of accountants and the workers and investors, for whom they are proxies, save the profession.
<fn>GOV-ZA.2002051301En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2002051401En.2012-02-10.en.txt</fn>
Paragraph 1.15 of the terms and conditions of the switch facility reads : " 14 days before auction: the National Treasury will preannounce the auction dates and settlement date(s) of the switch auction(s) including the bonds involved."
Since the National Treasury is now dealing with bonds that are relatively liquid, it has been decided that the14-day pre-announcement period for the switch auction be removed. The announcement period of the switch auction will, as from 14th May 2002, be at the discretion of the National Treasury.
The National Treasury will no longer preannounce the action details 14 day before the auction date.
<fn>GOV-ZA.2002051701En.2012-02-10.en.txt</fn>
The National Treasury is pleased to announce that the Minister of Finance, Mr. Trevor Manuel, has approved the proposed transaction with First National Bank in respect of Saambou Bank. The Scheme of Arrangement contemplated in this transaction is subject to approval by the Court.
We believe that this transaction protects the interest of all of Saambou's depositors. This was the primary objective when placing Saambou under curatorship. The Minister is pleased that a strong, willing and sound partner in First National Bank was found, and has complete confidence that the interest of Saambou depositors is in good hands.
<fn>GOV-ZA.2002052101En.2012-02-10.en.txt</fn>
Thank you for the opportunity to address you here today. Together, we have a responsibility to act both to ensure the improved living and working conditions of South African workers, and to grow the number of workers by growing the economy. We, in government and you in the trade unions must retain a focus on both objectives. It is wrong to suggest that you either have decent working conditions or you have more people in employment - ours remains a struggle for the fulfilment of both.
It is in this regard that the issues of investment and savings in the economy are so important. We must start from the premise that we have too little of each of them and, that we must seek to enlarge the volumes and ensure their optimal management in the interests of the total economy.
We know that our democracy is hard-won. For this reason, we treasure the institutions created by democracy. But, we must continually remind ourselves that as political democracy works because its key institutions, the executive, the legislature and the judiciary are all independent and accountable; so, full democracy will work because all of its institutions are accountable. Too little is being done at present to hold all of our financial institutions accountable. We are all too aware that the only investment capital is our combined savings as a nation, to which we can add the flows of foreign investment which we can generate.
Our savings, be they pension funds, assurance policies, medical aid or money in the bank needs to be safely managed. We must have the guarantee that we will be able to call on our savings when we need them, and as the contracts stipulate.
But, safe management is insufficient, we must ensure that our savings will be used to build this economy, create the employment and generate new wealth. This remains the most basic logic of economics.
We have a few challenges which requires our best response. Firstly, South Africa has historically had too low a savings rate for a number of years - in 1980 we had a rate of 33.9%, by 1990 it had fallen to 19.1%. Faster growth , of the kind which will create sufficient new jobs, will require a savings rate of about 30% of GDP, presently we have around 15.1%. We are therefore too dependent on attracting foreign investment in fixed assets to make up the rest. The gap between what we have available and what we need is the major reason for the structural employment which confronts South Africa.
Secondly, our low savings rate creates a scarcity value for capital. For this reason, our interest rates are so high. This obviously hinders investment decisions.
Prior to 1994, investment in South Africa was constrained by the fact that capital flows were negative due to adverse investor sentiment and huge debt repayments. Whilst we have reversed the trends since the arrival of democracy, the backlogs remain huge, and growing. South Africa last year attracted a miniscule R 10.9 Billion or about $ I Billion.
Thirdly, we have to campaign in an often hostile environment to attract foreign investment. The world we live in sees the bulk of investment flows between the developed economies. The USA is still the largest investment destination. Last year, the USA attracted $ 889 billion in private financial flows. Whilst the bulk of this has been attracted from Europe and Japan, on close examination you will find that some of your own savings has also contributed to their inflows.
The USA has been able to attract these significant inflows in part because it has enjoyed 10 years of high and unbroken growth. There was some reversal of the growth outcomes in the last quarter of 2001 and the first quarter of 2002, but the flows have not slowed down significantly. The other reason for the attractiveness of the USA for investments is that their institutions which hold financial markets accountable, like the Securities Exchange Commission (SEC) are strong, transparent, and rules bound. The work of the SEC is not confined to capital inflows, their exemplary work is stronger in respect of the management of US savings. Their rules for pension funds - where they can invest, how much they can invest in particular countries or instruments and the rules for the conduct of pension fund trustees are all extremely noteworthy.
In contrast, too high a proportion of our miniscule savings have gone offshore. Many South Africans funds have lost money on the actual investment abroad, and showed positive returns only because of the depreciation of the Rand. With the recent strengthening of the Rand, many of these funds stand to lose their shirts, and yours. A situation that we can ill afford.
We must change the relationships. Pension funds must hold their fund managers accountable. Pension fund trustees must be the active guardians of their members' interests.
The Pension Funds Act confers enormous powers on trustees.
The Board of Trustees either controls the fund's investment, or else, more usually, delegates investment to specialist investment managers under a mandate drafted by the Board of Trustees in consultation with their actuary?
The Board of Trustees remains responsible for the performance of the Fund even when the management of the funds has been assigned to an investment manager. Thus there is a duty on the board members to be specific with its instructions when assigning a mandate to its fund manager?
The Board of Trustees should also be responsible for monitoring the performance of the investment manager on at least a quarterly basis, as well as ensuring that the investment manager sticks to the specifications of the contract by which it is appointed?
The true power to extract performance from managers lies in a properly specified contract. Too often we see funds hiring and firing fund managers without considerations such as performance against benchmarks or the costs of their actions?
We hope to strengthen these powers further by the implementation of Regulation 28 of the Pensions Fund Act through which a documented investment strategy, appropriate to the fund will have to be complied with.
All of these measures are so important since many funds have migrated to what is called 'defined contributions', which means that the losses incurred are for the account of the individual beneficiaries, thereby rapidly eroding the retirement nest egg of working people.
To succeed at this, we must ask FEDUSA and each federation to embark on a huge education campaign of pension fund trustees. For too long, trade unions have tended to ignore their development responsibilities in the area of their members savings. We should all recognise that pension and provident funds are deferred earnings. There cannot be much merit in campaigning for higher wages when what has already been earned is not valued. I am not talking about the trade union investment companies - that is but a small part of an industry with total assets of about R 1 Trillion (if we add the Unit Trust industry, the total is R1.5 Trillion).
We do not need new legislation to effect changes. In terms of Section 7 (A) of the Pension Funds Act, members - that is current and former employees of a fund have the right to elect at least 50% of the trustees. This is truly an enormous power, which exists as a right in law. Even at representation of 50%, it is important to recognise that no decision can be taken without worker representatives. Obviously, there will be negotiations, but this is, after all, the lifeblood of the trade union movement. The engagement off worker pension fund trustees must be smart and activist. The power of 50% representation is greater than in most other countries - and it was won in the pension and provident fund struggles of 1981. But, the opportunity must be used.
I have been the sole trustee of the Government Employees Pension Fund since 1996, despite the fact that the GEPF Law requires 50% worker representatives. During this period, the fund has grown from a funding level of 59% to over 96% -but this is not enough, the investment policy decisions must be taken together with worker representatives. So today, again I plead that your trustees be appointed.
During the period, some have argued that we should change to a pay-as-you-go system and use some of the accumulated funds for government spending. I have resisted this push. Government should spend what it raises in taxes and what it borrows to fund the deficit. The pension fund does not belong to government, it belongs to the beneficiaries. If worker representatives want the fund to be managed differently, it is their right. If they want to spend all of it, and my persuasion fails to convince them, I can only hope that they are properly mandated.
This is a fundamental belief because I remain of the view that all funds should be properly managed. But, the risks of taking investment policy decisions single-handedly are too great.
In the UK last year, the trustees of the Unilever Pension Fund sued their fund manager, Merrill Lynch for £300 million for negligence in the way it managed the pension funds - deviating from the agreed benchmarks. The case was settled out of court, with Merrill Lynch paying £75 million without admitting liability. This action was truly a watershed across the world in defining the accountability of pension fund managers. Please bear in mind that our Pension Funds Act is actually considerably stronger.
But, legislation alone cannot change investment behaviour. Trade Unions must become active players in the investment arena. The huge rush by fund managers to invest offshore has only happened because the trustees ignored their responsibilities. In the very recent past we've seen articles in the Sunday papers confirming that the grass at home is actually considerably greener. So, a significant portion of our investments will return home, if fund managers can face the embarrassment of returning with huge losses- or hold out for the depreciation of the rand again. But, these are not issues that can be left to chance. We need an activist approach. We must act together to safeguard our limited investments. You must hold fund managers to account. You have a responsibility to ensure that funds are wisely invested - not only because this protects retirement benefits, but because it will protect the gains you secure in the bargaining chambers today. With unemployment at present levels, all workers have their wages eroded - there is not a single worker who has a family member unemployed who has full benefit of his/her wage packet. Our culture is built on sharing.
So let's act together to consolidate your gains. Let us commit to developmental trade unionism. Let us commit to transformation. Let us commit to that extra effort to make a lasting change. Commit to win in the economy what we have secured in politics - full democracy.
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There is indeed a paradox in an address by the Minister of Finance to this conference. The worlds that we occupy are so apparently different. My job entails a focus on the boring subjects of macroeconomics, of taxation, investment and savings. Yours, in contrast is about the exciting stuff of persuading people to spend. The paradox of our mutual engagement here is what, in many respects, defines the economic challenge facing South Africa.
There are, of course, some areas where we need a fuller engagement on the economics of South Africa. Economists speak of matters like rational expectations, with which presumably, you need to engage. There are also the issues of leads and lags, and a series of questions relating to whether an industry like yours leads or lags economic growth.
We need to remind ourselves that whilst we have achieved macroeconomic stability (important for rational expectations) our GDP growth at around 3% per annum is insufficient. And, notwithstanding significant improvements in the competitiveness of our economy, South Africa is still not creating sufficient jobs. Furthermore, whilst there is a growing market for conspicuous consumption, there are just too many of our people trapped in a cycle of poverty. Our markets are too small and spending power is not growing fast enough. Whilst we can engage in a lengthy discourse of cause and effect, we must, as a start, accept that these are the conditions within which we all have to work.
None of this is either pre-ordained or immutable. Your job and mine is to seek to understand this environment in order to change it. But we need to appreciate that expectations and change are not always rational.
The Economist in July 2000 ran a story on the relationship between football tournaments and the economy.
Statistics suggest that the best way to turn the Euro tournament into economic growth is to win. Before the Netherlands did that in 1998, the Dutch economy was growing by about 1.7% a year. In the next three years, it grew by 3.0% a year. Winners of other tournaments since 1984 have enjoyed similar booms. The most likely explanation (apart from coincidence) is psychological: victory boosts consumer confidence, and hence demand.
Thanks to robust economic growth, supported by strong domestic demand and exports (witness the excellent results of its balance of trade), these are good times for France. The French seem to have regained confidence in themselves and in their leaders. The victory of its football team at the World Cup on its home turf was a blessing. It created a moment of national unity which will still echo in 1999.
So, with our World Cup team in Hong Kong en route to Korea, the burden for economic growth, these articles would suggest, must weigh heavily on the shoulders of Jomo Sono. We can spin the voodoo further, and ask why Rudolph Straeuli or Graham Ford should escape responsibility?
Does this industry lead or lag when it comes to helping South Africa create economic growth Does it truly capture those moments of national unity on which we can build consumer confidence, create increased demand The key in South Africa is to understand the South African paradox, to recognise that we are, with all the resulting complications, South Africans. We are not the poor relations, or a colony of some other state. We are South Africans, and our communication strategies must therefore use our collective experiences, our culture (if you wish) to develop the paradigm to effect the changes in our national psyche. John Fiske, Professor of Communications at the University of Wisconsin-Madison, describes that culture is 'the constant process of producing meanings of and from our social experience'. So, what is of and from our social experience?
I recognise that the world of advertising operates within its own constraints. The impact of issues such as media ownership , client preferences and the existence of big, global brands is appreciated. Yet, for the impact of advertising to be felt in economic growth in South Africa, it simply has to engage with and define that truly South African social experience in order to effect behavioural change. My submission is that advertising has an obvious role in leading change in attitude and therefore the prospects for growth.
But sometimes things get in the way. For example, it is all too easy to emulate bad practice, especially when this practice is big, ugly and overwhelming. Everybody appears to be doing it.
Cuba provides vast unbranded spaces. Compared to the advertising saturated developed capitalist world, Cuba is an advertising-ready environment- a blank canvas.
The ever-present Nike graffiti is a cultural spillover from the USA. It's not Nike that Cuban rebels are celebrating: it's a romanticised view of American capitalism, with the Nike swoosh as its most visible logo...
Young Cuban rebels have adopted the swoosh in much the same way late ColdWar-era American youth adopted Mao caps and CCCP logo gear. It's similar to the use of the Nazi swastika by the 1970's punk movement in the UK - flirting with the enemy; upsetting the establishment.
These comments are so telling, because they address the risk, by your industry, of misreading signals. Assumptions about what consumers want can easily come unstuck.
Another example - this past week the Sowetan ran a series of articles about the decision by Romeo Kumalo, SABC 1 general manager, to axe an indigenous cultural music programme, Ezodumo. The Sowetan's vox pops were unequivocal, the letters page overflowed and they capped the issue with a Zapiro cartoon featuring the beleaguered Mr Kumalo, resplendent in star-spangled shades asking What cultural blackout?
This issue could easily become a textbook study on the subject of consumer choice. But more importantly, it would be worth in such a study, to determine whether the decision was, in fact, occasioned by an advertising blackout - a failure by advertisers and their clients to engage with 'the process of producing meanings of and from the social experience' of the viewers.
That observation would not be isolated in current-day South Africa. We know that the radio station with the largest national audience, YFM, battles to secure advertising. And we know that newspapers and magazines with a large black readership battle to find advertisers other than the 'traditional' King Korn, or the latest cousin, the micro-lenders. We need to ask: Are these not some of the vast unbranded spaces, the blank canvas, available to your industry to engage with new opportunities And does the industry use these opportunities as opportunities for defining the South African social experience, as moments in which attitudes can be confronted and changed I think not?
I think not and therefore I want to ask this conference the question: Is advertising guilty of assisting South Africans become trapped in a mindset of being the poor and unsuccessful cousins of the USA Is it not guilty of misreading the signals of what people really want Is it not merely tagging along with the uninformed views of the media moguls?
About a century ago, Thorstein Veblen wrote, There is nothing intrinsically more beautiful about the shine on a lady's fine patent leather shoe than the shine on the elbow of a poor man's jacket, save that advertising makes it so.
journey into hyperreality, in search of instances where the American imagination demands the real thing and, to attain it, must fabricate the absolute fake; where the boundaries between game and illusion are blurred, (where) the art museum is contaminated by the freak show, and falsehood is enjoyed in a situation of 'fullness' of horror vacui.
Is South Africa, as seems to be the case in Cuba, set to become just an advertising-ready environment ready for the cultural spillovers of American capitalism Surely this will not generate the excitement and creativity for us to experience our South African-ness Clearly, I do not want to suggest that this industry is acting as a collective copycat. The standards of our advertising and the competition between agencies would not be tolerant of that. And we all know the incredibly high regard with which the South African industry is held because of its creativity and skills. But I have a sense that the advertising industry, whilst often connecting with the appropriate idiom, is not sufficiently engaging the paradigm, is not pushing back the boundaries which temporarily fragment us?
It hasn't always been like this. There was a time when I was considerably more positive about how we, and this industry in particular, engaged with defining the South African paradigm. In 1998, John Hunt and Reg Lascaris produced a book entitled, "The South African Dream".
The South African Dream is a book about optimism and hope (and fear and crime). But the scale at the end of the day is tipped on the side of hope and a positive outcome for our new democracy. We don't live in cloud-cuckoo-land (whatever Margaret Thatcher may think), we live in South Africa. And as all Africans know, freedom does not necessarily mean prosperity; and hard work and honesty don't lead to fair remuneration and just rewards. Death and taxes are certain in South Africa. Justice and equity Well, maybe. And maybe not?
The South African dream is no quiet idyll. We have to dream with our eyes wide open on this roller-coaster ride. There are going to be heart-stopping moments And they're the moments you'll recall when your grandchildren will ask, 'What did you do during the struggle to create a better South Africa?
This is the spirit we need to regenerate now. One that seeks to define the South African challenge, for it is in understanding that challenge that you can raise the national psyche towards economic growth. We can leave Jomo Sono, Rudolph Straeuli and Graham Ford off the hook for now.
I think there are different South African dreams; different dreams for different groups, classes and ethnic groups. There is a huge distance, I think, between the different cultures in South Africa. Our country is made up of cultures. It isn't one culture, not yet anyway.
But then, very, very few societies started out as homogeneous entities. Cultures are forged, and they're forged by focusing on particular sets of experiences. Advertising has a distinct role to play in raising the temperature of the forge. This calls for a direct and dynamic engagement with our complex social realities and contradictions. It must call for a rapid broadening of the skills base, for an active participation in the transformation challenge. It challenges this industry to live out the motto on our national Coat of Arms, !Xe E:/Xarra //Ke. This must impact on the modus of the industry - we cannot merely be satisfied with nominal black agency ownership to secure contracts - that's cynical; we must move far beyond the notion of relying on colour-coded market experts to engage with their own, that's just plain backward; we must ask of the industry to continually engage with its self, about whether the contributions to transformation are adequate, about whether the contradictions are generically understood to create the paradigm which gives effect to the idiom.
This industry is able to call on sufficient talent to be a global leader in its field. My appeal is simply that we draw on the same skills-set to give impetus to the need to grow this economy by growing the number of participants in the market. In these terms, we have, like Cuba, in reality, vast unbranded spaces. Economic growth will clearly remain elusive for as long as we feel hard done by (with our penchant for self-flagellation on crime, has anybody spoken to a Londoner recently); insecure (ask any US citizen about post 11 September insecurity or European about political insecurity); and failing (we do so much better than we are prepared to give ourselves credit for)?
Economic growth has to begin with the recognition of our South African-ness. We, like so many successful nations, must grow the confidence in ourselves and in our abilities. We are South Africans, with our collective social experiences, our own idiom and dialect, our own chances of success. We need to work on the paradigm to hold together these bits, and then own the paradigm and all its contents.
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Regarding the 2002/03 foreign funding, the National Treasury emphasised that it has completed its global issuance through the issuance of US$ 1 billion in April 2002.
With respect to the R186, the National Treasury stated that it would continue issuing the R186, however, it will not concentrate its issuance on this bond.
While the use of switch auctions will continue for this fiscal year, the R186 switches are least likely to be held.
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I am grateful for the opportunity to make some closing remarks upon the completion of the hearings of this Commission.
The National Treasury has carefully reviewed the evidence presented to the Commission by a wide cross-section of experts, both local and international.
These experts have presented a broad spectrum of views on the causes of the Rand's rapid depreciation towards the end of last year.
It seems true to say that there was a complex set of factors at play. The Commission has heard evidence of both external and internal factors which impacted on South Africa's balance of payments and confidence levels.
Certainly, global financial conditions following the events of September 11 last year were not conducive to capital flows to emerging markets, including South Africa. This has the effect of creating an underlying weakness in a currency.
In terms of internal factors, many of the statements made before the Commission have tended to focus on Government policy, including exchange controls, the net open forward position (NOFP) and a lack of intervention in the foreign exchange market.
All the arguments presented have been carefully considered. In the light of the Commission proceedings, it may be useful to summarise our position at this time.
Some commentators have called for a "big bang" approach to exchange control relaxation. At the same time, however, most of these same commentators have recognised the complexities and pitfalls inherent in capital account liberalisation.
Mindful of these complexities, Government's stated commitment has always been clear and unequivocal - we are committed to a gradual process of exchange control liberalisation that takes into account critical sequencing considerations. A sustainable development path requires that certain conditions be in place before proceeding to full capital account convertibility.
We have touched on these before in our testimony to the Commission, but they include ensuring that appropriate macroeconomic fundamentals are in place, that a sound and wellregulated financial system exists to promote financial stability, including prudential regulation, and that social safety nets are in place to protect the poor against the potential social costs of globalisation.
It is perhaps appropriate to pause at this point and take stock. Governments have to make policy choices in a complex and often unforgiving world. At the centre of the range of policy choices that our Government faces lies the principle that South Africa is an open economy. In that environment, it is inevitable that from time to time there will be turbulence. The events of late last year were clearly one of those times.
It is tempting at such times to look for quick fixes or hasty policy responses. But this, invariably, leads to unintended consequences and policy uncertainty. Rather, as our own experience and that of other countries internationally has borne out, the best response in such circumstances is to be confident that the policy choices we have made -and the good performance of the economy that we have achieved - over the past five or six years will support the ongoing growth and sustainable development that the South African economy needs.
As we sit here in the Commission five months, practically to the day, after the peak of the Rand's volatility, this faith in the soundness of our macroeconomic fundamentals would appear to have been justified. The Rand has appreciated by 38% against the dollar in the last five months from its record low of R13.85/$, and by approximately 19% since the beginning of the year. The recent strengthening of the Rand suggests a recognition amongst investors of the soundness of the South African economy and that the depreciation of the Rand last year was clearly overdone.
It is also heartening to note, from the testimony provided to the Commission, a general recognition by international experts that Government's macroeconomic policy has been well-directed and put on a sound, sustainable footing.
Far-reaching fiscal reforms have been undertaken. Monetary policy has been consistent in tackling the distortionary impact of high inflation. Trade reform and financial market development have increased the flow of foreign currency into South Africa. Government spending has been reprioritised to increase spending on social services, which promotes redistribution and provides a safety net against the potential social costs of globalisation. Ongoing financial market reform has kept South African financial market standards consistent with international best practice and has prevented exchange rate volatility translating into financial instability.
The process of economic reform is ongoing. Macroeconomic stability has been achieved. The focus has now shifted to microeconomic reforms aimed at promoting the competitiveness and job-creating potential of South African industries, as well as the strengthening of the balance of payments through the promotion of exports and attracting longer-term capital flows such as equity investment and FDI. This, in turn, will provide the foreign currency flows necessary to support further capital account liberalisation.
To reiterate, timing and sequencing are critical. It has been broadly recognised internationally that a gradual approach to liberalisation is advisable and should occur late in the process of economic reform. The IMF has stated that it considers the present pace of exchange control liberalisation in South Africa to be appropriate1. Prudent liberalisation must consider factors such as the sequencing of economic reform and the strengthening of the balance of payments.
1 IMF Article IV Consultation report, March, 2001. Page 17.
relaxation of exchange controls, but rather such policy will be monitored and reviewed continuously.
There is another benefit to a gradual approach to liberalisation that perhaps does not receive sufficient attention. Gradualism may produce internal and external criticism about the slow pace of reform, but it has also avoided policy reversals in the face of currency crises. The Commission is probably aware of another country's experience, whereby exchange controls had to be reintroduced in the face of economic crisis. A gradual approach to exchange control liberalisation has enabled the South African Government to deliver a policy message which is consistent and certain.
The testimony before the Commission may have indicated that, from time to time, irregularities may have occurred in the application of exchange controls. This evidence will have to be carefully considered by the Commission in terms of recommending ways to improve the application and enforcement of these controls. However, the testimony does not seem to point to any systematic gaps in exchange control regulation.
The effectiveness of exchange controls in protecting South Africa's foreign reserves has been borne out by the fact that, notwithstanding the gradual relaxation of exchange controls, there has been substantial growth in the country's reserves from approximately two weeks of import cover in 1994 to the prevailing levels of approximately 24 weeks of import cover.
Turning to the NOFP, the policy of extinguishing the net open forward position has been positively viewed by investors, rating agencies and the IMF. The exposure inherent in the NOFP was perceived by the market to be a risk. As such, it is our belief that the reduction in the NOFP has lowered the Rand's vulnerability to speculative attack and, in turn, has reduced South Africa's sovereign risk premium. The NOFP stood at $2,9 billion at the end of March 2002 and has ceased to be of major concern to the international investment community.
Lastly, issues of our policy on exchange rate management should be viewed in light of the transition to an inflation targeting regime. Policies of intervention have, in the past, shown limited success. To reiterate our position, Government has chosen to follow a flexible exchange rate to act as a shock absorber against global developments. Exchange rate adjustments help cushion the economy from external trade and capital flow shocks, and mitigate the impact of economic contraction, especially in respect of the poor. Government policy is to target inflation rather than the level of the exchange rate. The shift to an inflation-targeting framework has enabled us to avoid the skyrocketing interest rate increases that accompanied the exchange rate volatility of 1998.
In closing, I would like to congratulate the Commission on the professional and thorough manner in which this enquiry has been conducted. It is clear that the Commission has had to deal with issues close to the hearts of all South Africans who are concerned about building an economy that is as strong and resilient as it can be, but also one that is equitable, in which the wrongdoings of the few should not be at the expense of the many. The Commission has pursued these concerns with vigour. I can assure you that the National Treasury has listened carefully to all the evidence presented before the Commission. We look forward to receiving the Commission's final report, and considering its insights in the pursuit of our commitment to managing economic reform in a manner that is, above all, consistent, considered and directed at sustained growth, employment and development.
<fn>GOV-ZA.2002052801En.2012-02-10.en.txt</fn>
We stand on a path from Monterrey to Johannesburg. But the path does not end there in Johannesburg on 10 September 2002. It ends with the realisation of the commitments we made to reduce poverty - with the Millenium Development Goals.
As elected leaders, we must move more quickly down our path, because Africa teems with people striving for economic renaissance - for a rebirth in which the means to lift themselves out of poverty are within reach.
Governments are put in place to accept the responsibilities of helping our people in their striving. Our people are dynamic and innovative and our continent both ageless in its wisdom and rich in its resources. Where better than in Ethiopia than to host us in a country of such ageless beauty.
Yet poverty, especially in Sub-Saharan Africa has become more acute in the past decade.
As leaders, we must recognise that nothing that has been done before has been good enough to reduce poverty.
As Africans, we frequently frame our challenges in terms of developments in the rest of the world. Much of this effort goes unrequited. The fact of the matter is that the path we follow has been set by our own condition. This means that we cannot wait for help, but that we must be creative, tenacious and strong, and build our own future as a continent of accountable governments and dynamic, equitable economies.
This does not mean that we should ignore the actions of our development partners. The Millenium Development Goals require developed and developing countries to work together - to create mechanisms such as NEPAD, alter the international economic environment, and provide assistance that is truly helpful.
I welcomed the generous offers made by the United States and Europe to increase the levels of development assistance - but this cannot be implemented at our expense. The marginal benefit from assistance that flows back into exports and consultants from developed countries is just that - marginal. In some cases, it is just in fact plainly destructive.
Many of us have experienced structural adjustment. Can it be that the conditionalities --that are required for assistance - are simply the sharp end of a dogma espoused most fervently by those who are also free to reject that same dogma at will?
I am never really sure who is at greater fault here. Is it Europe, with its Common Agricultural Policy that for decades has heavily subsidised Europe's farmers at about 35% of total farm income Or is it the United States, which has just raised its subsidies massively by 83 billion US dollars over 10 years to 21% of total farm income Or is it both of these major economic powers as they jockey for dominance in world agricultural markets at ever greater cost to the developing world?
Mr. President, by my best estimate, the increase in US subsidies is larger than the combined GDP of Africa's poorest 34 countries. I hope someone will have the courage to publicly tell that to Paul O'Neill tomorrow.
I don't see how anyone in developing countries, or even anyone in the developed countries, can possibly believe that the US and Europe are serious about development when they subsidise their farmers by 350 billion US dollars per year.
Not only is this six times the total amount of development assistance given to the developing world, but the subsidies themselves destroy our agricultural industries. Sixty percent of employment in our countries is due to agricultural production.
Where agricultural markets in developed countries remain closed to exports of developing countries, production remains the activity of small peasant farmers.
Now, some of us, like my own country, have dismantled agricultural subsidies, tariff and production boards because we do not believe that they are good for our economic development. South Africa is a member of the Cairns group, and has campaigned vigorously for free markets in agricultural products. But some of us have dismantled them in response to dictates by the IMF and World Bank - conditionality requested by the largest shareholders.
In my view, and regardless of the reason for the dismantling of protection, it is the developing countries that stand on the right side of good economic policy. Has anyone in the US or Europe bothered to inquire into the economic cost to other sectors of their own economies and the people of our economies of these subsidies?
The G8 meets in June in Kananaskis. The message that Minister Whelan must take back to them is this - how can you expect good economic and political governance, political stability, and peaceful societies if you continue to implement policies that - not marginally - but fundamentally undermine the economic basis for growth in developing countries I know you will in fact take that message back Minister Whelan?
I had thought that I experienced something new in Monterrey - that developed and developing countries could achieve the Millenium Development Goals working together. I am not so sure about this anymore - but this unease will not stop South Africa from working tirelessly to achieve our Millenium Development Goals.
Matching the actual level of ODA to the commitments made by developed countries to 0.7% of GDP.
Increasing debt relief through reform of the HIPC Initiative to provide additional assistance to countries and implementation of the NEPAD Debt Relief Initiative.
Increasing access to the markets of developed economies.
Reforming the system of representation in our multilateral financial institutions.
I want to turn back now to my brothers and sisters on the continent, and I want to repeat the phrase that I began this speech with - nothing we have done hitherto is good enough!
We need to look at the issue of poverty differently from the way we have in the past. Programs must be designed differently.
The PRSPs are an important improvement, and we commend the ADB for their involvement, but in truth they are not good enough. We all know that the PRSPs are administratively burdensome, not least in their formulation, and that much greater levels of technical assistance are required to draft them and begin implementation in reasonable periods of time.
Of course, PRSPs are resource intensive in part because they are meant to be comprehensive. But I am also sure that they are not comprehensive enough. That is the contradiction.
A social platform.
An economic platform.
And, mindful of the environmental considerations.
In this context, I would like to extend a challenge and an opportunity to the African Development Bank. Our expectations are high, and management should consider my comments in this context - to carefully consider and devise ways in which its own programmes and activities reflect the linkages between these important platforms.
Taking up this challenge will require a number of shifts in how the ADB thinks of itself. My appeal is to stop emulating the World Bank and developed countries. The ADB needs to redefine itself in terms of reducing poverty in Africa. I would like to echo my colleague, the Alternate Governor from Germany, Mr. Hoffmann, that the ADB should be the continent's champion of the cause of poverty reduction.
This is not a call to populism - banking is banking and defaults must be dealt with in the context of multilateral banking. Mine is a call for more vigorous ex ante policy support and ongoing guidance.
This means that the ADB will have to engage in serious discussions of its programmes at Board level and construct indicators of the success or failure of these programmes. It should create an advisory board of regional government ministers tasked with the review of ADB programmes, their implementation and their results. This matter was raised in the JSC report this morning, and I trust management will be supported by shareholders.
I have suggested that the indicators should reflect success and failure, and this is a critical point - we cannot expect that all the ADB's initiatives will be successful. This would be a first in development anywhere. We must allow ourselves to be candid and to admit our failures, for in that lies the route to real success.
It matters little to me that the ADB's vision and mission is to reduce poverty - I want to see it succeed and this means that we must learn from our failures.
Despite my criticisms, in all of this lies the opportunity at hand for the ADB. The ADB must define its relevance to our African Union and NEPAD. And not have its role defined elsewhere. If it does not, then sadly it will be marginalised as an ineffective appendage of this continent, and superseded by the probably more vigorous, accountable and effective institutions that we will create.
This would clearly be a tragedy, because the ADB in some ways institutionalises the type of relationship between developed and developing countries that NEPAD envisages - and that the Monterrey consensus assured us would be the new mode of interaction between our countries going forward.
And, in this lies one source of assistance to us in redefining the ADB - development partnership means that the non-regionals must take seriously the reality of collective responsibility for the future of our Bank.
Finally, I would like to make a few remarks about Africa's representation in the Bretton Woods Institutions.
The IMF is currently evaluating the formula for assessing voting shares. I strongly recommend that some measure of good policy and implementation of reform be part of that formula. A formula based on GDP will only serve to further entrench the OECD and marginalise the rest. What will come of development policy in the future?
In July 2001, Africa's leaders committed themselves to the creation of the African Union (AU) - creating the opportunity for us to build the institutions that will deliver our African renaissance. It also highlights the challenge of stepping up the pace of regional integration through programmes such as NEPAD.
I have said much today about what regionals and non-regionals should in my view do to help us consolidate our momentum toward the Millenium Development Goals and economic renewal in Africa.
Yet an element is missing, and this is the challenge and opportunity I would like to place before the IMF and World Bank. Through NEPAD, the AU, and through the ADB, Africa is taking control of its future. Facilitate this process by working with us to develop our voice, our representation - for this will enable us to achieve the goals for which we all strive.
In conclusion fellow Governors, it is my humble submission that we have never had a more propitious moment to favourably shift international relations - political, economic and social - in Africa's favour. Let us seize the moment. Let us transform the lives of our people. Let us prod the ADB to lead us forward!
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The National Treasury has resolved to buy back the announced RSAbonds and ex-homeland bonds at mark-to-market rates as published by the Bond Exchange of South Africa on Friday, 31 May 2002.
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It is just over two years since the National Treasury was formed from the former Finance and State Expenditure Departments, and four and a half years since the establishment of the SA Revenue Service as an autonomous organ of state.
A merger and an unbundling - both rather complex and stressful transitions. But both have paid rich dividends.
The National Treasury has succeeded in welding together its diverse elements - accountants and economists, policy analysts and financial managers, advisors and recordkeepers - into a cohesive, integrated team, equipped both for the economic and fiscal policy challenges before us and for the equally daunting work of renewing and modernising financial systems and management practices.
And our Revenue Service continues to grow from strength to strength, reflected in the impressive revenue performance achieved year after year, and also in the decisive progress we have made in broadening and modernising the structure and resilience of our tax laws and administration.
Statistics South Africa has also recently graduated to a new status, and is now listed as a full department in schedule one of the Public Service Act. An organisational overhaul is in progress, aimed both at reinforcing the department's internal capacity and to support statistical functions throughout national and provincial government.
I do not propose to rehearse all the plans and programmes of the Treasury and the Revenue Service, or of Statistics South Africa. But I would like to highlight several critical aspects of our work that perhaps do not frequently make the front-page headlines, but are nonetheless in quiet ways contributing to sustainable growth and improved performance of our economy.
First, we have to know how we are doing and how to measure our progress. How many people have water and electricity, where are jobs being created or lost, are schools in the right places and are the buildings being maintained, what are our critical skills needs, are municipalities spending their development funds, are we succeeding in reducing poverty and vulnerability?
To answer these questions, this House is invited to appropriate R272 million for the 2002/03 year. The vote comprises three main programmes - R59 million for Administration functions, R114 million for regular statistical services and R99 million for data processing and analysis of the census conducted last year.
The improvement of our national statistics system is one of the longer term priorities of Statistics South Africa. Our approach is to build a strategic information partnership across government departments, to construct links between the data systems that exist, to identify key indicators, to streamline information flows and to modernise standards, definitions, classifications and methodologies. The point of departure is that government information systems do not only depend on Stats SA's own data systems alone, but on the integrity and connectedness of all the sites of data capture and analysis right across the public sector, and indeed also on appropriate links between public and private sector databases.
This is long-term vision, but Mr Pali Lehlola's team has translated it into a practical programme of action for the years ahead. A new register of all businesses will be compiled as one of the first steps. This involves close cooperation with the Departments of Trade and Industry and Labour and with the Revenue Service. An audit of government statistics will begin this year. Five departments have been selected to pilot the development of departmental statistical units by March 2004. Building on Census 2001, a programme promoting statistical literacy in schools will start this year. Links with universities have been established to accelerate education and training in applied statistics. And our investment in new data processing technologies will mean earlier and more accurate results of Census 2001, and a new platform for regular household surveys and demographic analysis in the years ahead.
On its own, Stats SA cannot produce all the statistics that are required for every aspect of governance. Other government bodies need to assist in this process. But Stats SA is responsible for co-ordinating the process to ensure that statistics produced by other government departments, not only from registers, but also from various other sources, are reliable and meet common standards. Indeed, the aim is to recognise these collections as official statistics, once all requisite standards have been met.
This initiative, the establishment of the national statistics system (NSS), has involved advocacy for shared development indicators across departments. In addition, the NSS is to put in place a management system with associated databases for statistical information; facilitate increased statistical capacity in the country; and promote the production and use of statistics. Underpinning the necessity to provide a broad range of sustainable quality statistics is the need to avoid duplication of statistical production within government, set standards, and prevent work being done in silos. Cohesive, harmonised data are essential for policy formulation and decision making. Stats SA, together with the Presidency, recently held a workshop to discuss the way forward in developing an NSS. The main focus was on starting a process of identifying development indicators; and on setting common standards, sharing definitions, classifications and methodologies for amongst others FOSAD Clusters.
Last year Stats SA focused on conducting a population census, the second under democratic rule. The first results from Census 2001 should be available by April 2003. should take this opportunity to thank members of parliament and the public at large for having participated in this endeavour of national priority. The mapping information is already actively being used for sampling purposes.
Through Census 2001, Stats SA has introduced new technology to scan documents and questionnaires on a grand scale. The benefits of this system are being explored for all paper-based processing in Stats SA, and have been offered to SARS and the Department of Home Affairs.
This year, internal organisational transformation will be a key focus. Stats SA has taken a number of steps to improve quality in data collections. It has established a quality and methodology unit to give advice and assistance on all aspects of statistics collection, including sampling, raising factors, statistical analysis and quality control. This advice will also extend to other departments.
In addition, a programmes and project office has been created to strengthen capacity to manage major projects such as five-yearly population censuses and regular surveys. It will log and monitor performance of all projects and their functions, budgets, risks, financial management and documentation. In addition, the Internal Auditor has been requested to give specific attention to risks and controls in provincial offices, where new financial managers have been appointed. With the assistance of Statistics Sweden, Stats SA has started to introduce a systematic quality management approach in its work and three pilot projects are using this approach: establishment of the new business frame; updating and maintenance of the master sample for household surveys; and improvement of recruitment practices.
There is, at present, no training programme on official statistics in any South African tertiary institution. Stats SA has therefore had to take short-term action to address this issue. Staff members (21 in number) are currently being trained at Economic Commission for Africa (ECA). These are the Institute of Statistics and Applied Economics at Makerere University in Uganda, and the East African Statistical Training Centre in Tanzania. One person has been sent to complete a PhD at the African Census Analysis Project at the University of Pennsylvania. In addition, nine people are attending courses at the University of the Witwatersrand, leading to a Master's Degree in Data Mining and Data Fusion, and three people have been short-listed for IT studies in Pakistan through the Jacob Zuma Trust.
Stats SA has become a full member of the United Nations Economic and Fiscal Commission. In its first attendance as a member in March this year, Stats SA was elected as chair of the consortium, 'Partners for Statistical Development in the 21st Century' (PARIS21).
Regionally, Stats SA as a focal point, has continued its work with the Southern African Development Community (SADC) on the 2000/1 round of censuses, and continues contributing to the efforts of the SADC Secretariat in harmonising the region's measurements relating to demographic, social and economic statistics. A three-year United Nations sponsorship has been secured for collaboration on best practice in undertaking censuses in the region. We have also mobilised sponsorship for SADC wide census data analysis from the Rockefeller Foundation. Stats SA has taken the lead in time-use studies in the region, which highlight unpaid female labour, and has supported other SADC statistical agencies in implementing such studies. It has also offered assistance in the area of poverty mapping in the SADC region and beyond.
Stats SA's key strategic objectives for the next three years are to develop and further implement the national statistics system; continue to improve the quality, not only of the content of statistics, but also the skills of the people and the systems within the organisation that are essential for good statistical production; strengthen organisational capacity, including provincial statistical capacity; improve dissemination through producing even better paper-based and electronic products and enhancing their marketing; and comply with international and national standards for statistics collections, analysis and dissemination.
Stats SA continues to be resilient while it adapts to change. Although the challenges it faces are extensive, the vision of the organisation is clear; the direction has been defined; and there is substantial progress in implementing strategies to ensure that this vision is realised.
Let me turn now to the National Treasury - an important client of Statistics SA, not just because we rely on national accounts statistics to track the growth and performance of the economy, but also because our budget reform initiatives depend on progress in reliably measuring progress across the entire spectrum of social and development indicators of public service delivery.
The Treasury vote has two distinct parts. Programmes 1 to 5 provide for departmental administration, economic planning and budget coordination, debt management, financial systems, the Accountant-General's office and other operational responsibilities of the Department. The 2002/03 appropriation for these functions is R605 million. Programmes 6, 7 and 8 provide for provincial and local government transfers, civil and military pensions, contributions to various funds and transfers to international organisations, to Lesotho and Namibia in terms of the Rand Monetary Area Agreement, and to the South African Revenue Service, the Financial and Fiscal Commission, the secret services accounts and the new Financial Intelligence Centre. These various statutory transfers and contractual commitments add up to R9,389 billion, 94 per cent of the total vote. Details are set out in the Estimates of National Expenditure and the Treasury's Strategic Plan for the three years ahead.
Speaking candidly, I can share with you that executive responsibility for this large and complex budget vote has served as a taxing test of the reach and robustness of our Public Finance Management Act and its regulations. Much of the work of our Corporate Services division has focused on implementing the PFMA - building a performance management system, piloting procurement reforms, reinforcing our legal advisory capacity and strengthening internal financial management. We have found, for example, that the PFMA's requirement that departments must undertake a full risk assessment as a prelude to developing an internal audit plan has been an instructive and challenging complement to our broader strategic planning. But it takes time and a serious commitment of management resources to implement management reforms properly. There is a lesson for us all here - our reform programmes need to be measured and well-considered.
The format of the Division of Revenue Bill, the Appropriation Bill and the Estimates of National Expenditure, and the details of provincial and local finances we publish in the Intergovernmental Fiscal Review illustrate sufficiently the thrust of our budget reforms and the more rigorous approach to public expenditure planning and management. In the year ahead, the emphasis will continue to fall on improved measurement of service delivery and refinement of the quality and integrity of both the financial and - as important - the nonfinancial information that accompanies the formal budget legislation.
Departmental strategic plans, required for the first time this year, have already added greatly to the substance and value of our deliberations on budget votes in this House. In the years ahead, we will seek to improve these plans, and I hope that committees, and in particular our new Budget Committee, will advise us refining their format and content.
There are many ways in which our budget reforms are contributing quietly to improved expenditure planning and management. Let me share with you just one illustrative statistic. There has been a great deal of public discourse about government underspending in recent months. Of course, by comparison with the annual appropriations, there is underspending. An appropriation, by intent, sets the maximum that an accounting officer may draw on the National Revenue Fund. There are many causes of underspending - they include project delays due to administrative weaknesses, which are a bad thing, and savings achieved through prudent management or good fortune, which we should welcome. But I am pleased to report that preliminary figures for last year show a marked improvement in the trend. In their rollover requests, departments indicated savings of approximately R1,6 billion last year, compared with nearly R2,8 the previous year. Particularly pleasing is the strong improvement in spending on capital projects.
Improving service delivery is partly about better planning and budgeting, and partly about better financial management. This is a large, complex challenge - regulating and reforming supply chain management, implementing a new chart of accounts, modernising financial systems, building an integrated management information system, improving internal audit capacity and skills, implementing enhanced accounting standards.
An Accounting Standards Board has been appointed and guidelines for asset management have been prepared. This year, departments' annual reports will include significantly improved financial statements, strengthening the oversight tools available to this House and the public.
More timely reporting requirements and strengthened financial governance standards are now in place. The success of this transformation now lies in its implementation - how firmly it is embedded in departmental practice, and how effectively we, in this House, and civil society more broadly, exercise our oversight and accountability responsibilities.
A particularly important financial management role rests, however, directly with the Treasury. Although good progress has been made in reducing the annual borrowing requirement, the total loan debt of government of R450 billion remains far the largest financial portfolio in our economy. About 20 per cent of this debt is denominated in foreign currencies.
We have turned around the rising debt-GDP ratio, and interest costs are now steadily falling as a share of the national budget. This has partially been achieved by restructuring state assets, and we anticipate a further contribution to debt reduction when a public offer of shares in Telkom is concluded this financial year. But our progress should not allow us to slacken our vigilance. Prudent and far-sighted asset and liability management remains a singularly critical element in ensuring the sustainability of our growth-oriented fiscal stance. For every R10 billion we succeed in reducing the national debt portfolio, an additional R1 billion a year is permanently added to our capacity to spend on public services and development programmes.
Last year, we began to manage our debt portfolio more actively, on the strength of an explicit risk management framework and a debt benchmark against which the costs and risks of alternative funding options can be assessed. Mainly through swaps and an active switch and buy-back programme, the liquidity of the government securities market has been enhanced and significant savings in debt costs have already been achieved.
Alongside the management of our debt, we have a responsibility to ensure sound management of our assets. This includes coordination of intergovernmental cash requirements, which contributes in turn to lowering the overall borrowing requirement. It also includes improved corporate governance, coordination of the investment and borrowing plans of public entities, negotiation of dividend policies for commercial public enterprises and normalisation of their tax status. These are initiatives that rely on close cooperation with other departments, and the energy and understanding of my colleagues who have direct responsibility for state-owned enterprises has been vital to the progress we have made.
Closely related to the challenge of restructuring our public enterprises, within gove rnment we are also gradually re-shaping the interface between the state and private sector suppliers of services.
National and provincial departments' annual procurement of supplies and services, equipment and construction works exceeds R50 billion. Almost all of this is currently transacted through conventional procurement contracts, in which services are supplied on the strength of quoted or tendered prices and specifications, with limited oversight and post-delivery management of service quality and effectiveness.
This is beginning to change. In a well-structured public-private partnership, government remains the purchaser of a service or an asset from a private supplier, but the terms of the contract pass on explicit incentives to the supplier, through a detailed specification of service standards, rewards for successful performance and penalties for delays and failure to meet requirements. Typically, a PPP also brings private capital and expertise into the construction and maintenance of assets, thus reducing government's borrowing requirement and project management risks. Some 40 projects of national and provincial departments are currently under review. Particularly innovative and challenging initiatives include a number of hospital facilities management and co-location projects, contributing both to physical rehabilitation and to improved management of non-medical services in our public hospital estate.
Like our larger financial management reform programme, the introduction of new procurement procedures takes time - a well-structured PPP typically takes eighteen months or two years to negotiate. The skills to manage projects need to be built not just in treasuries, but across all departments and agencies involved. But the programme is steadily gathering momentum. Over 600 people have now attending our PPP training programmes. The lessons of this approach for contract management - its focus on affordability, value for money and transfer of risk to service providers - will enable government to harness private sector capacity more effectively over a steadily widening range of services and functions.
Our macroeconomic, tax and international economic work is similarly firmly focused on the structural reforms and policy challenges of long-run growth and improved economic performance.
This covers a large agenda and I can mention just a few of the initiatives in progress.
Work by our macroeconomic team includes liaison with organised labour and business in Nedlac on diverse issues - agricultural pricing policies, access to financial services, elements of a national growth strategy, budget priorities, employment creation and labour market policies. Together with the Reserve Bank, we are deepening our economic modelling capacity and improving our understanding of inflation trends, the impact of international financial developments and options for improving banking sector regulation.
We continue to chair the SADC Tax Subcommittee, through which we can actively pursue improved coordination with our neighbours and opportunities for promoting regional economic integration. This year the first courses of the Southern African Tax Institute are being held, focused on developing high-level tax analysis and administration capacity in the SADC countries. This year, a review of the taxation of retirement savings will be undertaken. Mining tax, including the possible introduction of a royalty tax system, will be re-examined. The role that taxes can play in supporting wider environmental policy considerations is under review.
International issues under the spotlight include monetary convergence in the region and in Africa, the new Southern African Customs Union formula and institutions and options for reducing financial transactions costs in the SADC region. Following the completion of the Myburgh Commission's work, we will take further steps in implementing prudential regulations over capital flows and review the usefulness of the remaining exchange controls. Through our Chairing of the Development Committee of the Board of Governors of the Bank and the International Monetary Fund and our participation in other multilateral forums, we continue to press for increased debt relief for Africa, international trade reforms to benefit developing countries, more effective multilateral oversight of the international financial architecture, and mobilisation of support for the core initiatives of the New Partnership for African Development.
In all of these initiatives and policy commitments, there is a clear and consistent complementarity between our macroeconomic and fiscal stance and the role of the South African Reserve Bank in managing monetary policy and our foreign exchange markets. As we noted at the time of the Budget in February, the depreciation of the rand at the end of last will raise CPIX inflation above the target range this year and in due course Governor Mboweni and the Monetary Policy Committee will outline a path and time horizon over which the inflation rate will return to the target range. The recovery of the rand in recent weeks has confirmed our view that the rand's fall was overdone and we expect to see the inflation trend moderate steadily in the second half of this year and in 2003.
The inflation trend was anticipated in our February estimates, and so the public service wage adjustments announced by Minister Fraser-Moleketi last week will be fully met from available funds, including the contingency reserve set aside in the main budget. I am pleased that our fiscal stance, after several years of disciplined moderation, allows us to adjust salaries to compensate for the effect of higher prices on the real earnings of our teachers, nurses, service men and women and other public servants.
I have to add that, while the wage settlement preserves the spending power of government employers, it does not exceed inflation and so does not contribute to an inflationary demand gap in our economy. I mention this because it has been suggested by some financial commentators that there is some kind of mismatch at present between fiscal and monetary policy. Nothing could be further from the truth. Our fiscal policy continues to emphasise prudence in the level of the budget deficit and to give priority to long-run structural reforms. Governor Mboweni oversees a monetary policy stance that is appropriately focused on a medium-term inflation target. I can state emphatically that I am entirely comfortable with the current balance between the fiscal stance and monetary policy.
Let me conclude by commenting briefly on the Strategic Plan for the next three years of the South African Revenue Service.
The record revenue collected by SARS last year is all the more remarkable as it was achieved in an environment of substantial new implementation challenges together with far-reaching organisational change.
In the financial year 2001/02, SARS collected a record R 249,2 billion and exceeded its collection target by R15,2 billion. As in the previous financial year, SARS managed to attain this success at a cost of under 1,2 per cent of revenue collected. For the 2002/03 year, an amount of R3,417 billion is allocated on the Treasury vote for the Revenue Service, or just under 1,3 per cent of anticipated revenue.
The successes of SARS can be attributed to a number of factors including the dividends of its organisational changes and investment in technological improvements.
In addition to improved revenue collection and successful implementation of new taxation laws, the organisation also achieved other significant milestones and has set ambitious new targets for next financial year.
New processing, compliance and taxpayer service centres were established in KwaZulu -Natal in October 2001. A number of valuable lessons were learned during this process that will inform the creation of other centres. It is envisaged that the next phase of the Siyakha processing, compliance and taxpayer service centres roll-out will be in the Western Cape towards the end of the year.
In the 2001/2 financial year, a total of 3,3 million income tax returns were processed and tax assessment backlogs were eliminated through the establishment of additional "war rooms". Taxpayers also benefited from the introduction of "e-filing" in respect of VAT, PAYE and provisional tax and a reduction of processing times for payments. The "e-filing" system will be further refined in 2002/3 and taxpayers will be able to submit income tax returns electronically.
The high-profile Woodmead project resulted in the collection of R4,3 billion and inroads were made by more focused and targeted compliance activities. A computerised risk profiling system and integrated audits were introduced and a bigger emphasis was placed on field audits. High-risk sector investigations and audits will continue and the electronic risk-profiling system will be expanded.
On the legislative front, SARS implemented new capital gains tax legislation and prepared the Revenue and Second Revenue Laws Amendment Acts that were adopted by Parliament. Collectively, these two laws provided for the implementation of strategic investment incentives, capital allowances for airport infrastructure, refinements to capital gains taxation legislation and group re-organisation relief. Enabling legislation was also prepared in respect of industrial development zones, customs registration and accreditation and a new system for the collection of excise duties. New challenges include amendments to the SARS Act and re-writing the Customs and Excise Act.
From a customs perspective, SARS increased the examination rate of goods to 5% at most offices and commenced with the implementation of an accreditation system that, amongst others, enables clients to electronically submit customs declarations. A pilot project commenced on 1 May 2002 at Johannesburg International Airport to process documents electronically and resulted in drastic improvements in turn-around times. Other developments include the preparation of new legislation on transit, warehouse control and declarations; improved training of customs officers; the implementation of a risk-based passenger control system; and infrastructure and other improvements at ports of entry. SARS will continue with its efforts to upgrade infrastructure, focus on further improving customs management and operational skills and enhancing customs service delivery.
Although 2001/2 witnessed an improvement in the compliance culture, serious concerns remain.
further improving client services?
developing and rolling-out enforcement programmes that will focus on closing the tax gap?
broadening the tax base and developing an approach to taxing the informal sector?
implementing taxpayer education programmes to create a new taxpayer compliance culture; an?
simplifying and strengthening the customs regime to facilitate legitimate trade whilst combating illicit trade?
The challenge for SARS, in the years to follow, is to sustain its performance by continuing to build better compliance and by creating a flexible, sophisticated and responsive institutional infrastructure.
Madam Speaker and Honourable Members, the achievements in the three departments are formidable. Yet, the challenges ahead demand that we remain as vigilant and focussed as we have been to date; there simply is no let-up. For the achievements, I want to express my sincerest appreciation to the three Heads of Department - Ms Maria Ramos, Mr Pravin Gordhan and Mr Pali Lehohla. I also want to express my sincerest appreciation to all members of the Portfolio Committee on Finance, but especially to Barbara Hogan for her stewardship and leadership over the past years.
Thank you for your patience in listening to me this afternoon.
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The year that has passed has been one of the most momentous years. Apart from the dramatic events of Sept 11th, the world has suffered a series of spectacular corporate failures, not just the US. It has been proven once again that "credit addicted" countries like Argentina are not immune from bankruptcy, and all emerging markets have experienced some degree of instability in their markets.
Here in South Africa, we are quietly optimistic. Despite the sudden depreciation in the value of the Rand late last year and global market instability, our economy has managed to move from strength to strength. Our currency has shown resilience beyond anyone's expec tations, our capital markets have remained stable and robust throughout and we have managed to keep the interest rate from dampening our collective spirit. Business confidence has recently shown a marked increase which bodes well for our economic future.
This is possibly the best time to reflect on the progress made since the last budget. I want to begin by talking about the developments that have taken place in our financial markets.
The link-up between the Johannesburg and London Stock Exchanges is on everyone's mind in the financial world. A common trading system for both exchanges, which are located in the same timezone, is a significant development. There are so many options and possibilities to be explored and developed through the sharing of technology. The transaction is a first for the LSE and they have indicated that they will apply their experiences gained from the JSE venture to similar arrangements with other exchanges. Other exchanges have followed these developments with keen interest. This is a very important moment for us, but I want to alert you to a less publicised, but equally important event that took place this year as well.
The "dematerialisation" of share certificates means putting all paper share certificates in the shredder and creating electronic "share certificates" instead. The process of dematerialisation began in 1998 with legislation to create STRATE (Share Transactions Totally Electronic), South Africa's first Central Securities Depository (CSD) and ended just a couple of months ago.
The objective of dematerialisation is to reduce the risk of theft and the cost and time delays of exchanging vast amounts of paper. Trading in South African equities has just become significantly less risky, a lot more cost effective and now we are in a position to move towards compliance with the very last international standards we have yet to comply with, namely settlement in three days after trade or T +3. I am very pleased about this.
Looking ahead for a moment, I am pleased to state that the Financial Services Board, in conjunction with the Treasury, have developed two new Bills, namely the Collective Investment Schemes Control Bill and the Security Services Bill. The State Law Adviser is currently certifying the Collective Investment Schemes Control Bill advisers.
The Security Services Bill will be Tabled in Parliament within the coming months and should be ready for promulgation by the end of this year. It will arguably be the most important piece of financial services legislation on the Portfolio Committee's agenda for the coming half year because it not only consolidates and codifies five pieces of existing legislation into one Act, it also represents a whole new, or modern policy approach to the institutional structure of our financial markets.
This Bill makes provision for an exchange to demutualise and for the Financial Services Board to assume any responsibility that is currently within the domain of an exchange, for example, the regulation of listings.
Moving on to the other side of the spectrum, for the process of protecting and educating the users of financial services: the consumers, pensioners, workers, policyholders, investors; this year has been a year for concern and a year to rejoice.
Lets begin by rejoicing. We have almost finalised South Africa's first piece of legislation to regulate the conduct of financial advisors and intermediaries the Financial Advisory and Intermediary Services Bill.
I am pleased to state to this House that the regulatory impasse experienced in relation to the Financial Advisory and Intermediary Services Bill, is over, and that it is anticipated that this Bill will be on the agenda of the Portfolio Committee for Finance, for its formal consideration and adoption, on 12 June 2002.
Preparations for the enactment of the Financial Advisory and Intermediary Services Bill, has largely given impetus to the establishment of a whole new Division within the Financial Services Board to deal with consumer education and the conduct of financial services providers, intermediaries and advisors. This step is testimony to our supervisory commitment to ensuring that consumers are not left penniless or vulnerable to unscrupulous brokers chasing commission at the expense of their financial clients needs.
There are numerous other legislative initiatives still in the pipeline. For example, the Financial Services Ombudsman Schemes Bill, which provides for the creation of ombuds for each category of financial services to provide recourse for aggrieved consumers. The implementation of the Bill is anticipated after the enactment of the Financial Advisory and Intermediary Services Bill.
Protecting consumers through education and the regulation of the conduct of intermediaries and advisors is one approach to ensuring that people don't loose their money unnecessarily.
The other side of the equation is good corporate governance and the integrity of the auditing and accounting professions.
Whilst concern describes how I feel, I want to be constructive about the problems in the auditing and accounting professions.
It is no secret that globally the accounting and auditing professions are in the throes of a profound crisis. Confidence has been shattered.
"Enron has seriously shaken our confidence. This is a grave matter, because it means confidence has weakened in rules and regulations, in supervisory authorities and in the functioning of the financial system in general The biggest shock is that no warnings were issued - and yet it happened. So the reputation of directors is at stake. The Enron executives are subject to public enquiries - but many other directors outside Enron suddenly face greater scepticism about their assurances. The slightest unclarity about financial statements may cause considerable confusion. Because it is no longer taken for granted that they can be trusted."
As government, we must be seen to act in the public interest- meaning in the interests of end users, depositors, policyholders, small investors and workers. There is a need for a more disciplined and realistic information feed to the public. This is the heart of the matter.
"ensure high quality audit, strengthen accounting standards and codes of ethics and to introduce credible independent oversight - this is what defines commitment to the public interest".
There are two bills that are Government's primary tools for addressing the problems in the profession, namely the Financial Reporting Bill and the Accounting Professions Bill. Whilst the Accounting Profession Bill has been in the pipeline for a long time, the time is right for us to expedite the process to finalise the Bill such that it reflects a well thought-out response to the current problems facing the auditing and accounting professions.
In a speech to SAICA at the beginning of May 2002, the Minister of Finance highlighted the main policy issues government is concerned with that relate to the auditing and accounting professions. These issues require resolution before we can finalise the Accounting Professions Bill.
I want to briefly restate those issues so it becomes clear to the public and the profession that Government is thinking carefully about the best way to protect the public interest and ensure that the two professions continue to be well respected for the important role they play in the economy. We are moving forward on these issues and trying to find the best possible way to overcome the problems confronting the accounting and auditing professions.
The issues the Minister raised can be classified as those relating to the accountability of both professions, the standards and codes adopted, ethics and how accounting and auditing fit within the broader context of sound corporate governance.
In terms of accountability, there are three key issues. The first is to whom should auditors be accountable to The relationship between a finance director and an auditor is fraught with problems. The second issue is audit costs and the liabilities of auditors who fail to properly disclose the financial status of their clients. We need clarity on what is affordable, on what is justifiable and on the detail of service level agreements. The third issue relates to the absence of term limits for auditors. All these issue relate to the oversight of the profession and the failure of self-regulation?
The appropriateness of accounting standards and disclosure rules, including the illusion of clarity on GAAP and the absence of standards to deal with new issues such as derivatives and other off-balance sheet holes are all issues that require immediate attention. We need new standards for a new era. These issues are to be dealt with within the ambit of the Financial Reporting Bill.
The ethics that accountants and auditors adhere to are the most fundamental to the notion of good cooperate governance. The responsibilities of auditors and accountants are not confined to shareholders or investors, the failure of a badly managed company has much wider social ramifications and therefore directly affects the pubic interest. The absence of public remedies for both errant CEO's and auditors is an issue that undermines efforts to bolster the accountability of the profession.
Sound corporate governance is a prerequisite for sustainable economic growth and progress. South Africa has not been immune from corporate failures caused by gross mismanagement and silent auditors. We are dealing with this matter as best we can. Government is moving swiftly on these issues and next year I hope to report on what progress we have made.
The establishment of the Financial Intelligence Centre by the Financial Intelligence Centre Act of 2001 to counter money-laundering activities in our financial system, is moving ahead. The implementation process is underway and consultations have been held with the affected industry bodies on the regulations and other issues.
Government remains steadfast in its resolve to take the appropriate steps to ensure that our financial system is secure, efficient and consumer friendly. Honesty and market integrity in our financial system is undermined by efforts to launder money through our banks, brokers, insurers, etc.
It is worth restating that The Financial Intelligence Centre Act, 2001, introduces a comprehensive anti-money laundering regime in the Republic of South Africa which satisfies the major Financial Action Task Force (FATF) Recommendations.
The FATF, which is the de facto international coordinating body responsible for combating money laundering, consists of twenty-nine member countries and two regional bodies. The FATF has developed a set of Recommendations which set out the principles of the body and act as a global standard for the combating of money laundering and the financing of terrorism. These Recommendations have become known as the FATF 40+8.
However in terms of these 40+8 Recommendations, South Africa is required to become a member of the Eastern and Southern African Anti-Money Laundering Group (ESAAMLG). The ESAAMLG was established in November 1999 as the regional body of the FATF. The present members are Republics of Kenya, Malawi, Mauritius, Mozambique, Namibia, Seychelles, Uganda, the United Republic of Tanzania, and recently by the Kingdom of Swaziland.
Government has demonstrated that it is committed to combat organised crime and money laundering by passing the Prevention of Organised Crime Act, 1998 and the Financial Intelligence Centre Act, 2001. However, for South Africa to become fully compliant with the FATF requirements and to thereby gain international acceptance for its antimoney laundering stance it needs to become a member of the ESAAMLG?
Membership of regional bodies, such as ESAAMLG, is a requirement for membership of FATF, should South Africa wish to take up such membership?
Already South African business in the financial sector is increasingly faced with questions from international counterparts regarding the Sout?
Africa's anti-money laundering stance and its membership of regional anti-money laundering bodies. It is anticipated that this pressure will grow in the period going forward.
Membership will also obviate pressure to place South Africa on the FATF list of Non-Cooperating Countries and Territories (NCCT), thereby effectively blacklisting the country?
The problem of money laundering cannot be dealt with in isolation by one country because of the ease with which money is able to flow across borders and requires coordination and mutual support between neighbouring countries?
This will further strengthen South Africa's anti-money laundering mechanisms?
Membership of the ESAAMLG will give the FIC easier access to other financial intelligence units on a continuous basis, thereby enabling it to share information and expertise?
Since our last report, we have passed The Pension Funds Second Amendment Act, 2001 which concerns the apportionment of actuarially determined surpluses and minimum benefits in private pension funds, registered under the Pension Funds Act, Act No 24 of 1956.
The National Treasury and the Financial Services Board is focussed on the implementation issues surrounding the Act and on ensuring that the Act in its present form is given practical effect through a process of speedy implementation. This is required in order that the Act may live up to its promise of equitably apportioning and distributing the surplus in pension funds to those entitled in the Act to receive them. Accordingly, the necessary regulations to effect to many of the provisions of this Act are in the process of completion.
I now want to turn to matters of procurement. Pursuing from subsection 271(3) of the Constitution, the Preferential Procurement Policy Framework Act, No 5 of 2000, was promulgated during February 2002. The Preferential Procurement Policy Regulations, 2001, gave substance to the contents of the Preferential Procurement Policy Framework Act. The purpose of this act and regulations is to enhance the participation of Historically Disadvantaged Individuals (HDIs) and certain RDP goals such as the promotion of small medium and micro enterprises (SMMEs) through the public sector procurement system.
At the time of the promulgation of the Preferential Procurement Policy Framework Act, an undertaking was given by the Minister of Finance that progress towards achieving government's procurement reform objectives would be monitored on an ongoing basis and that adjustments/amendments would be recommended as and when it becomes necessary. To this end, the Minister granted approval that a Joint Country Procurement Assessment Review (CPAR) be undertaken with the World Bank. A first draft report has recently become available and the recommendations contained in the draft report, is currently under consideration.
Enhancing uniformity in procurement practices at all organs of States Promoting uniformity in interpreting government's preferential procurement policy Refining the current Regulations to the Preferential Procurement Polic?
The current Regulations provide for a number of rules and prescripts that need to be followed. These rules are ambiguous and in some respects could be interpreted to being out of line with the letter and spirit of the PFMA. In addition to the preference points that could be allocated for HDI status, points could also be allocated for a number of RDP goals that are listed in the Regulations. Some of these goals are difficult to relate to contracts.
The remedy for the current deficiencies in the Regulations is seen to lie in the development of a well-formulated preferential procurement policy strategy. Such a strategy should outline clear policy themes, establish priorities where there is more than one theme and project-desired policy outcomes. Short and medium term targets (deliverables) should be established to give direction to implementing officials as to the targeting strategies that should be adopted for specific contracts.
Current work within the National Treasury focuses on the development of such a procurement policy strategy.
Madam Speaker, Honourable members, there are so many other issues and important matters that came to mind when deciding what to speak on today, but I believe I have captured those that are most significant.
What is left is for me to assure you that optimism in our markets is growing and confidence in our ability to harness international capital and put it to work in the most productive way in our economy must never be underestimated.
<fn>GOV-ZA.2002061901En.2012-02-10.en.txt</fn>
The timing of this conference could not be more propitious. As we gather, there are some 200 intellectuals from across the African continent gathered in Pretoria to debate the participation of civil society in the development of NEPAD. Simultaneously, a number of us are engaged in a thoroughgoing review of ANC policy ahead of the ANC 51st Conference to be held in December. And today, President Mbeki will address parliament on the state of the world and a series of initiatives he is involved with- part of a programme to address what is wrong in the world. Every bit of what we do is undergoing very close scrutiny.
Your conference takes place within this policy maelstrom - the work of the Black Business Council will be impacted upon by all of these issues, but perhaps, more importantly, the activities of the Black Business Council must impact upon all of these initiatives. The BBC is an active player and should use the opportunity presented by this conference to raise its profile in shaping the environment within which it operates.
The global economy is pregnant with favourable opportunities. OECD countries have had to revise their growth forecasts downwards. This has prompted a wake -up call of a number of a series of policy issues.
The questions of value in the wake of the dotcom equities market collapse?
Accounting standards and disclosure rules in the wake of the ENRON scandal?
Trade policy in view of the decisions by the USA government to flout the spirit of the DOHA agreements by protecting their manufacturers?
The huge inequalities and grinding poverty which obtain, despite earlier assurances that globalisation would lift millions of the poor from the abject conditions which they face?
All of these issues present enormous opportunities for South Africa.
August. Each of these is an opportunity to draw sharp attention to what is wrong in the world, and an opportunity to redefine the rules of engagement ahead.
Perhaps more importantly, we need to recognise the value of our central positioning in giving leadership to NEPAD. President Mbeki leads the team on the African continent which is developing the detail of the programme. Over the past year we have seen a number of African Heads of State meeting to flesh out the proposals. That phase is about securing official endorsement and will reach a highpoint with the adoption of detail at the African Union Inaugural Summit in Durban in just three weeks. It is about ensuring that all African governments understand the terms, agree on the content and commit to implementation in their own countries. But, even after the AU Summit, we must all understand that NEPAD is not a finite programme, it will be an agreed framework for which every country must fill out its own appropriate detail. So we will have much work to do together here to interpret the appropriate terms for South Africa.
At a second level, the broader partnership must be developed to link North and South into the common programme. It is for this reason that President Mbeki will lead a team of Heads of State to Kananaskis in Canada next week to take forward discussions with the G8 Heads of State. This meeting will follow on similar initiatives to G8 Summits in Genoa last year and Okinawa in 2000. Since the Genoa Summit, the G8 Heads of State have each appointed a personal representative to participate in developing NEPAD ; this process can now receive a huge boost forward on the basis of the broader partnership.
The third level involves all of African Civil Society, and the Pretoria meeting presently underway will add an important dimension. But, we also need to remind ourselves that the World Economic Forum Summit in Durban a fortnight ago warmly applauded NEPAD on behalf of business.
In the context of such heightened activity, an organisation like the BBC must continue to engage with the detail, review its own policies and posture and talk to government in order to share its perspectives of how we can accelerate the opportunities for black business in NEPAD. There is no room for complacence and no prospect of holding off for greater definition. NEPAD is ours and we must ensure that the terms are most favourable. There will be fewer opportunities in the future if we allow any slippage now.
But, the challenges are not only in respect of NEPAD, we must be rigorous in our analysis on how we can collectively improve on the quality of life of all South Africans. This entails that the BBC share in our conviction that we have achieved so much by establishing a climate of macro-economic stability. Government must remain vigilant and ensure that in respect of fiscal policy - the detail of our tax policy and administration, and our policy options for spending and improving on the efficacy thereof; and our monetary policy - meeting the Constitutional requirement of price stability, both contribute to sustainable economic growth. Macroeconomic stability is necessary but clearly insufficient to effect the fullest transformation.
we need more and better skills?
more efficient allocation of capital?
a greater emphasis on job creation?
taking up export opportunities?
investment in the Industrial Development Zones?
support for the development of small and medium businesses?
much higher levels of spending on research and development?
Our programme of micro -economic reform needs the fullest and active partnership with business. We need to understand the correctness or deficiencies in or policies and we need the assurance that our partners in transformation will be actively engaged in growing this economy.
It is in this context that we must take the necessary steps to advance on the strategy for Black Economic Empowerment - not as a stand-alone, but as an integral part of our programme for economic renewal. As we take forward the work of the BEE Commission, we will have to engage in discussion on a range of matters which we have avoided discussing.
Our collective failure to harness the development of small and medium enterprise?
The demise of the SPV's which have left so many black initiatives in debt and without genuine empowermen?
Ensuring BEE participation in strategic sectors of the economy, especially those which are exceedingly change avers?
The unfortunate emergence of front companies and what the BBC will do to assist in preventing this phenomenon The weaknesses of the state procurement system and what we should do to better our performance, as government. Understanding why black chip shares have been given such short shrift by institutions and have thus performed so poorly on the JSE?
This has to remain an integral part of the total transformation project, which never loses sight of the enormous collective responsibility we have to lift the yolk of grinding poverty from the shoulders of our people. This is surely a time for honest and open assessment in order to launch a second wave of empowerment which will avoid the pitfalls which have tripped up black entrepreneurs until now.
It is necessary to recognise that the success of this project will also be determined by the speed with which a smart partnership can be built between black and white business in South Africa. Our programme of transformation, especially the micro -economic reform strategy needs a single channel of communication between government and business, and it is in the interest of black business to ensure that its white counterparts appreciate the significance of black economic empowerment, without feeling threatened by it - so, the case is made for a new initiative for business unity. I want to emphasise that it cannot be unity at any cost. It must be a unity which recognises the need for co-existence, which does not seek to undermine the struggle for black economic empowerment. It must be a unity which recognises that our national goals have as their object the need to lift our people from poverty. It must be a unity which recognises the need for a skills transfer. It must, ultimately be a unity which is mindful of the enormous opportunities which NEPAD presents, opportunities which, sadly, will be taken by others if our business organisations are paralysed by squabbles. Finally, it must be a unity that constructs a dependable partner for government in this exciting period ahead.
It is a unity which I am confident the Black Business Council can take the initiative to deliver.
<fn>GOV-ZA.2002070101En.2012-02-10.en.txt</fn>
As indicated on 10 June 2002, ABSA Bank is officially joining the panel of primary dealers in government bonds with effect from today (01 July 2002).
<fn>GOV-ZA.2002070801En.2012-02-10.en.txt</fn>
I would like to commend ICOTS and the organising committee for the work done in preparation for this conference. In looking at the programme my particular favourite is Session 4H "Educating Managers, Executives, Lawyers, Politicians, Government officials and other Decision Makers". Numeracy for Lawyers For Politicians What next - elementary numeracy for Auditors?
My enthusiasm for the work of ICOTs arises from my responsbilities as a policy maker in South Africa. Our young democracy is but 8 years old and was built to improve on the quality of life of all its citizens. This task is undertaken against the history of huge inequalities; not just in material circumstance, but also in access to knowledge and understanding. I believe fundamentally that democracy works when citizens participate, because citizens know, because they've been empowered through education.
Basic freedoms should be guaranteed.
The question to yourselves is what knowledge do we impart in the teaching of statistics I will hazard it is knowledge as understanding and knowledge as insight. The latter being more important in that we do not see people in our offices churned out of universities performing at this third level of knowledge. That is knowledge as insight?
Larry Gonick and Woollcott Smith (1993), authors of the cartoon guide to statistics say "we muddle through life making choices based on incomplete information." In order to make informed decisions in the face of incomplete data we often use statistics and"what makes statistics unique is its ability to quantify uncertainty, to make it precise. This allows statisticians to make categorical statements, with complete assurance-about their level of uncertainty." By quantifying this uncertainty, one begins to know what to do about risk, and what resources to allocate to it. On a daily basis my political portfolio has to deal with uncertainties about the markets, currency behaviour, prices of the bullion, the all share index, inflation rate, GDP growth, savings and investment, sectoral performance, employment, investor confidence, likely direct foreign investment, asset security, their growth, adequacy of their deployment and ultimately derivation and appropriation of value for society. In examining this array of information, the risk is that I may confuse the noise of so much information with reliable statistics.
I do not wish to replace the statisticians in Stats SA, they must be consummate professionals, nor do I wish to undermine the valuable work that the Statistics Council does in providing an external quality assurance to the work of Stats SA. I seek, as policy maker to define the terms for engagement between the statistical agency and Cabinet.
From the list of matters outlined above that concern government and my portfolio, you can realise that I have to deal with statistics matter, that is, measurement of inputs, outputs, outcomes and impact.
What types and levels of inputs should be made?
Why these inputs should be made?
For whom these inputs should be made?
When these inputs should be made?
Where these inputs should be made?
How these inputs should be made to have maximum effect?
How will I know that the inputs are working for me Am I measuring what ?
need to measure How will I recognise success How will I recognise failure?
"Three fourths of the mistakes a man makes are made because he does not really know what he thinks he knows" (James Bryce 1838-1922). Am I measuring what I need to measure Do I have confidence in the indicators I am using And what is my confidence level?
My responsibility as a Minister of Finance is to firstly ensure that the country has sufficient high quality statistics produced by our statistical agency and secondly to ensure that the populace can receive the statistics. This is where educators come in. Thirdly, Government has to intermediate between the generation and the use of statistics.
Indeed "when you can measure what you are speaking about, and express it in numbers, you know something about it; but when you cannot measure it, when you cannot express it in numbers, your knowledge is of a meagre and unsatisfactory kind. It may be the beginning of knowledge, but you have scarcely, in your thoughts, advanced to the stage of science". (William Thomson, Lord Kelvin 1824-1907).
"Before Census@Schools I did not know how tall I was", remarked a young girl of 15 years of age from a remote school. This was in September 2001 when StatsSA conducted Census at Schools. "The census says we are not as many as we are" was exclaimed a resident from the Western Cape Province when the census results of Western Cape were released in October 1998. "How can we be classified as not being poor" was the question raised by a resident of the Province of Mpumalanga when the report on poverty measurement was released in 2000.
Statistics are a matter of life and death too. Where they are applied to amplify knowledge they can save lives and where they are ignored losses can be incurred.
Larry Gonick notes that in 1986, the space shuttle challenger exploded, killing seven astronauts, including a lady teacher. The decision to launch at a temperature of 29 degrees had been made without doing a simple analysis of performance data at low temperature. On the other hand the trials of salk polio vaccine performed in 1954 on a sufficiently large sample of children, 400 000 in number eliminated bias in the results. Robust statistical analysis of the data firmly established the vaccine's effectiveness, and today polio is a thing of the past.
Why should a young girl of fifteen at school fail to know about herself. She says I did not know how tall I was A UN Statistics Division Handbook on the Operation and Organization of a Statistical Agency (December 2001) notes that, encouraging schools and high schools in the learning of statistics constitutes best practice. In fact they note that in Poland, there is an active high school competition for the best essay in which extensive use is made of official statistics. I have also realized that Canada recently has introduced the teaching of statistics for teachers and as I surfed the Web I came across a website on statistics in primary schools for Japan?
It will be desirable that statistical institutions avail their stacks of data to schools for use as teaching material. The United Kingdom in outlining their management model for statistical office opine that there has to be a critical mass of key skills. So you are potentially producers of these skills for that reason you have to seek relevance.
I have looked at the programme and I have been struck by a few topics that will be handled, and allow me to reference them without influencing you on which ones you should attend. I am pleased to see that a political angle is brought to the fore through a presentation titled looking at the behaviour of the electorate by Theodore Chadjipaledis. Larry Gonick in his book "a cartoon guide to statistics" argues that all this probability stuff is only good before an election. Your poll star statistician will tell you that I am 95% or 99% confident that you will win the election. This is so because of several things, such as response bias because voters can lie to the interviewer, secondly, the actual voters is what counts although the potential voters constitutes an unbiased sample and thirdly voters may not be home to answer the poll. After the election, the senator is either 100% in or 100% out.
Let me digress by drawing attention to a matter of fundamental importance to policy makers all over, but especially in the developing world, namely HIV and Aids. There is no dispute about the severity of the disease but it is exceedingly hard to deal with this in an environment where there is no reliable statistics available. In South Africa we have results from ante-natal clinics and we have available actuarial models constructed for appreciating risk in the life assurance companies and not for public policy making. In addition the disease remains stigmatised in communities and doctors do not always capture Aids as a cause of death raising concerns about the veracity of parts of a huge mortality study presently underway. Simultaneously, there are a range of interests on this matter who all claim infallible statistics. In an environment of the absence of a cure, policy makers face a huge dilemma on resource allocation. Would money be best spent on research into a cure or a vaccine, on preventive education, on drug therapies, care for people living with the disease on or welfare on those left behind Each of these choices is relative and dependent both on the reliability of statistics and on the ability to engage with the populace. In many respects the results will be shaped by the extent of exposure of ordinary people to the basic natural sciences; physiology, nutrition and efficacy of drugs which all influence lifestyle choices. None of this is assisted by statistical noise be this on infection rates or life expectancy. Part of my appeal to this conference is to give attention to the interconnectedness between the teaching of numeracy and the links to that which would empower people?
I am pleased that Professor John Volmink is presenting on the issues of statistical literacy for South Africa. My appeal to Stats SA is to engate with these matters and to bring results which would allow other parts of government to take forward the work of Census@Schools. I want to welcome the entry into the discussion of community based learning and wish to express appreciation to Trisha Thorne and Rob Root for their paper. I am encouraged by the paper by Madden and Choi on the duties of statistical agencies to their clients. I am happy that Koffi N'Guesson is advancing discussion on the training of African statisticians - our heads of state gathered in Durban to launch the African Union and take forward the New Partnership for Africa's development will depend for their efforts on good quality statistics to advance these programmes.
My challenge to all of you is to help us help the 15-year-old who did not know how tall she was. My challenge to all of you is to help us to understand what we should focus on to build an empowered society. My challenge to this conference is to help us to meet Spinner's definition of a knowledge society.
I wish you fruitful deliberations.
<fn>GOV-ZA.2002070901En.2012-02-10.en.txt</fn>
In line with its objective of consolidating the total government debt into benchmark bonds, the National Treasury hereby announces a buyback auction of illiquid and 'exhomeland bonds' to the total nominal amount of R 1,457,288,073.00.
R177 14.50% 15 May 2007 447,383,125.
Total amount R 1,411,542,073.
Total amount R 45,746,000.
Participants are requested to submit their bids at the South African Reserve Bank.
The Terms and Conditions of the Buyback Programme apply.
<fn>GOV-ZA.2002070En.2012-02-10.en.txt</fn>
To regulate the interception of certain communications, the monitoring of certain signals and radio frequency spectrums and the provision of certain communication-related information; to regulate the making of applications for, and the issuing of, directions authorising the interception of communications and the provision of communication-related information under certain circumstances; to regulate the execution of directions and entry warrants by law enforcement officers and the assistance to be given by postal service providers, telecommunication service providers and decryption key holders in the execution of such directions and entry warrants; to prohibit the provision of telecommunication services which do not have the capability to be intercepted; to provide for certain costs to be borne by certain telecommunication service providers; to provide for the establishment of interception centres, the Office for Interception Centres and the Internet Service Providers Assistance Fund; to prohibit the manufacturing, assembling, possessing, selling, purchasing or advertising of certain equipment; to create offences and to prescribe penalties for such offences; and to provide for matters connected therewith.
[S. 11 substituted by s. 97 of Act 36 of 2005.
[S. 40 substituted by s. 2 of Act 48 of 2008.
[S. 56 substituted by s. 97 of Act 36 of 2005.
62A inserted by s. 5 of Act 48 of 2008.
62B inserted by s. 5 of Act 48 of 2008.
62C inserted by s. 5 of Act 48 of 2008.
[S. 63 substituted by s. 6 of Act 48 of 2008.
[Definition of 'activate' inserted by s. 1 (a) of Act 48 of 2008.
[Definition of 'address' inserted by s. 1 (a) of Act 48 of 2008.
[Definition of 'customer' substituted by s. 1 (b) of Act 48 of 2008.
[Definition of 'electronic communication service provider' substituted for definition of 'telecommunication service provider' by s. 97 of Act 36 of 2005.
'telecommunication system', substituted by s. 97 of Act 36 of 2005.
'Electronic Communications Act' means the Electronic Communications Act, 2005. [Definition of 'Electronic Communications Act' inserted by s. 97 of Act 36 of 2005.
'telecommunication service', substituted by s. 97 of Act 36 of 2005.
[Definition of 'family member' inserted by s. 1 (c) of Act 48 of 2008.
[Definition of 'identification document' substituted by s. 1 (d) of Act 48 of 2008.
[Definition of 'identity number' inserted by s. 1 (e) of Act 48 of 2008.
[Definition of 'informal settlement' inserted by s. 1 (f) of Act 48 of 2008.
[Definition of 'internet service provider' substituted by s. 97 of Act 36 of 2005.
'Telecommunications Act' means the Telecommunications Act, 1996 (Act 103 of 1996).
a direct communication, in the course of its occurrence; or an indirect communication, in the course of its transmission by means of a postal service or telecommunication system, as the case may be; and the time during which an indirect communication is being transmitted by means of a telecommunication system includes any time when the telecommunication system by means of which such indirect communication is being, or has been, transmitted is used for storing it in a manner that enables the intended recipient to collect it or otherwise to have access to it.
A reference in this Act to the interception of a communication does not include a reference to the interception of any indirect communication which is broadcast or transmitted for general reception.
Subject to this Act, no person may intentionally intercept or attempt to intercept, or authorise or procure any other person to intercept or attempt to intercept, at any place in the Republic, any communication in the course of its occurrence or transmission.
postal service provider to whom an interception direction is addressed, may intercept any indirect communication, to which that interception direction relates.
Any person, other than a law enforcement officer, may intercept any communication if he or she is a party to the communication, unless such communication is intercepted by such person for purposes of committing an offence.
unless such communication is intercepted by such law enforcement officer for purposes of committing an offence.
Any person, other than a law enforcement officer, may intercept any communication if one of the parties to the communication has given prior consent in writing to such interception, unless such communication is intercepted by such person for purposes of committing an offence.
participate in a direct communication or that a direct communication will be directed to him or her; or send or receive an indirect communication; and the interception of such direct or indirect communication is necessary on a ground referred to in section 16 (5) (a) , unless such communication is intercepted by such law enforcement officer for purposes of committing an offence.
which otherwise takes place in the course of the carrying on of that business, in the course of its transmission over a telecommunication system.
if the telecommunication system concerned is provided for use wholly or partly in connection with that business; and if the system controller has made all reasonable efforts to inform in advance a person, who intends to use the telecommunication system concerned, that indirect communications transmitted by means thereof may be intercepted or if such indirect communication is intercepted with the express or implied consent of the person who uses that telecommunication system.
the sole purpose of the interception is to prevent such bodily harm, intercept any communication or may orally request a telecommunication service provider to route duplicate signals of indirect communications specified in that request to the interception centre designated therein.
A telecommunication service provider must, upon receipt of a request made to him or her in terms of subsection (1), route the duplicate signals of the indirect communications concerned to the designated interception centre.
The law enforcement officer who made a request under subsection (1) must as soon as practicable after making that request, furnish the telecommunication service provider concerned with a written confirmation of the request which sets out the information given by that law enforcement officer to that telecommunication service provider in connection with the request.
A telecommunication service provider who, in terms of subsection (2), has routed duplicate signals of indirect communications to the designated interception centre must, as soon as practicable thereafter, submit an affidavit to a designated judge setting forth the steps taken by that telecommunication service provider in giving effect to the request concerned and the results obtained from such steps.
A designated judge must keep all written confirmations and affidavits and any recordings, transcripts or notes submitted to him or her in terms of subsections (4) and (5), or cause it to be kept, for a period of at least five years.
any recording of the communication that has been obtained by means of that interception, any full or partial transcript of the recording and any notes made by that law enforcement officer of the communication if nothing in the communication suggests that bodily harm, attempted bodily harm or threatened bodily harm has been caused or is likely to be caused.
not a law enforcement officer, inform, or cause another person to inform, any law enforcement officer of the matters referred to in paragraphs (a) , (b) and (c).
(ii), may, if he or she is of the opinion that determining the location of the sender is likely to be of assistance in dealing with the emergency, orally request, or cause another law enforcement officer to orally request, the telecommunication service provider concerned to act as contemplated in subsection (1) (i) (aa) or (bb).
intercept any communication to or from the sender for purposes of determining his or her location; or determine the location of the sender in any other manner which the telecommunication service provider deems appropriate, and if the location of the sender has been so determined, the telecommunication service provider concerned must, as soon as practicable after determining that location, provide the law enforcement officer who made the request with the location of the sender and any other information obtained from that interception which, in the opinion of the telecommunication service provider concerned, is likely to be of assistance in dealing with the emergency.
as soon as practicable after making that request, furnish a designated judge with a copy of such written confirmation; and if the location of the sender and any other information has been provided to him or her in terms of subsection (3), as soon as possible after receipt thereof, submit to a designated judge an affidavit setting forth the results and information obtained from that interception.
an affidavit setting forth the steps taken by that telecommunication service provider in giving effect to the request concerned and the results and information obtained from such steps; and if such steps included the interception of an indirect communication, any recording of that indirect communication that has been obtained by means of that interception, any full or partial transcript of the recording and any notes made by that telecommunication service provider of that indirect communication.
A designated judge must keep all written confirmations and affidavits and any recordings, transcripts or notes submitted to him or her in terms of subsections (4) (b) and (c) and (5), or cause it to be kept, for a period of at least five years.
Any communication may, in the course of its occurrence or transmission, be intercepted in any prison as defined in section 1 of the Correctional Services Act, 1998 (Act 111 of 1998), if such interception takes place in the exercise of any power conferred by or under, and in accordance with, any regulations made under that Act.
were made prior to the fixed date, the Cabinet member responsible for correctional services must within one month after the fixed date, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within one month after the commencement of its next ensuing ordinary session, submit a copy of those regulations to Parliament; or are made after the fixed date, the Cabinet member responsible for correctional services must, before the publication thereof in the Gazette , submit those regulations to Parliament.
operation or maintenance of a telecommunication system; or installation, connection or maintenance of any interception device used, or intended to be used, for the interception of a communication under an interception direction, may, in the ordinary course of the performance of those duties, monitor a signal relating to an indirect communication where it is reasonably necessary for that person to monitor that signal for purposes of performing those duties effectively.
Any person appointed as an inspector in terms of section 17F of the Independent Communications Authority of South Africa Act and who is lawfully engaged in performing the functions of the Authority relating to the management of the radio frequency spectrum, as contemplated in section 30 (1) of the Electronic Communications Act, may, in the ordinary course of the performance of those functions, monitor a signal or radio frequency spectrum relating to an indirect communication which is transmitted over radio, where it is reasonably necessary for that employee to monitor that signal or radio frequency spectrum for purposes of identifying, isolating or preventing an unauthorised or interfering use of such a signal or frequency or of a transmission.
Subject to this Act, no telecommunication service provider or employee of a telecommunication service provider may intentionally provide or attempt to provide any real-time or archived communication-related information to any person other than the customer of the telecommunication service provider concerned to whom such real-time or archived communication-related information relates.
Subject to this Act, any telecommunication service provider to whom a real-time communication-related direction or an archived communication-related direction is addressed, may provide any real-time or archived communication-related information to which that real-time communication-related direction or archived communication-related direction relates.
Any telecommunication service provider may, upon the written authorisation given by his or her customer on each occasion, and subject to the conditions determined by the customer concerned, provide to any person specified by that customer, real-time or archived communication-related information which relates to the customer concerned.
Subject to subsection (2), the availability of the procedures in respect of the provision of real-time or archived communication-related information provided for in sections 17 and 19 does not preclude obtaining such information in respect of any person in accordance with a procedure prescribed in any other Act.
Any real-time or archived communication-related information which is obtained in terms of such other Act may not be obtained on an ongoing basis.
An applicant may apply to a designated judge for the issuing of an interception direction.
comply with any supplementary directives relating to applications for interception directions issued under section 58.
if the offence allegedly has been or is being or will be committed by a member of the Police Service; or in respect of a death in police custody or as a result of police action.
Notwithstanding section 2 or anything to the contrary in any other law contained, a designated judge may, upon an application made to him or her in terms of subsection (1), issue an interception direction.
property is or could probably be an instrumentality of a serious offence or is or could probably be the proceeds of unlawful activities.
may specify conditions or restrictions relating to the interception of communications authorised therein; and may be issued for a period not exceeding three months at a time, and the period for which it has been issued must be specified therein.
An application must be considered and an interception direction issued without any notice to the person or customer to whom the application applies and without hearing such person or customer.
A designated judge considering an application may require the applicant to furnish such further information as he or she deems necessary.
The interception of a communication under an interception direction to which the requirements of subsections (2) (d) (i) (aa) and (5) (b) (ii) do not apply by reason of subsection (8) (a) may not take place until the place at which the communication is to be intercepted is determined by the authorised person who executes the interception direction concerned or assists with the execution thereof.
A telecommunication service provider to whom an interception direction referred to in subsection (8) (b) is addressed, may in writing apply to a designated judge for an amendment or the cancellation of the interception direction concerned on the ground that his or her assistance with respect to the interception of the indirect communication cannot be performed in a timely or reasonable fashion.
A designated judge to whom an application is made in terms of paragraph (a) must, as soon as possible after receipt thereof inform the applicant concerned of that application; and consider and give a decision in respect of the application.
interception direction authorises the interception only for such time as it is reasonable to presume that the customer identified in the application is or was reasonably close to the instrument through which such communication will be or was transmitted.
If no interception direction has been issued and only real-time communicationrelated information on an ongoing basis is required, an applicant may apply to a designated judge for the issuing of a real-time communication-related direction.
Notwithstanding section 12 or anything to the contrary in any other law contained, a designated judge may, upon an application made to him or her in terms of subsection (1), issue a real-time communication-related direction.
comply with any supplementary directives relating to applications for real-time communication-related directions issued under section 58.
and that the provision of real-time communication-related information is necessary for purposes of investigating such offence or gathering such information.
may specify conditions or restrictions relating to the provision of realtime communication-related information authorised therein; and may be issued for a period not exceeding three months at a time, and the period for which it has been issued must be specified therein.
Section 16 (3) and (7) applies, with the necessary changes, in respect of an application for, and the issuing of, a real-time communication-related direction.
provision of real-time and archived communication-related information, are required, an applicant may, subject to sections 16 (2) and (3), 17 (1) and (2) and 19 and (2), in a combined application, apply to a designated judge for the simultaneous issuing of any combination of directions referred to in those sections.
If an interception direction has been issued under section 16, the applicant who made the application in respect of the interception direction concerned or, if he or she is not available, any other applicant who would have been entitled to make that application, may, subject to section 17 (1) and (2), apply to a designated judge for the issuing of a real-time communication-related direction to supplement that interception direction.
be made at any stage after the issuing of the interception direction concerned, but before the expiry of the period or extended period for which it has been issued.
subsection (1) and subject to sections 16 (5), (6) and (7), 17 (4), (5) and (6) and 19 (4), (5) and (6), issue the combination of directions applied for; or subsection (2) and subject to section 17 (4), (5) and (6), issue a realtime communication-related direction to supplement that interception direction: Provided that a real-time communication-related direction issued under this paragraph expires when the period or extended period for which the interception direction concerned has been issued, lapses.
an application in terms of subsection (1) for the issuing of an archived communication-related direction may only be made to a designated judge; and only a designated judge may issue an archived communication-related direction under subsection (3) (a).
If only archived communication-related information is required, an applicant may apply to a judge of a High Court, a regional court magistrate or a magistrate for the issuing of an archived communication-related direction.
contain, with the necessary changes, the information referred to in section 17 (2); and comply with any supplementary directives relating to applications for archived communication-related directions issued under section 58.
Notwithstanding section 12 or anything to the contrary in any other law contained, a judge of a High Court, a regional court magistrate or a magistrate may, upon an application made to him or her in terms of subsection (1), issue an archived communication-related direction.
accordance with an international mutual assistance agreement; or the interests of the Republic's international relations or obligations; or the gathering of information concerning property which is or could probably be an instrumentality of a serious offence or is or could probably be the proceeds of unlawful activities is necessary, and that the provision of archived communication-related information is necessary for purposes of investigating such offence or gathering such information.
may specify conditions or restrictions relating to the provision of archived communication-related information authorised therein.
Section 16 (3) and (7) applies, with the necessary changes, in respect of an application for, and the issuing of, an archived communication-related direction.
If a judge of a High Court, regional court magistrate or magistrate issues an archive communication-related direction, he or she must, as soon as practicable thereafter, submit a copy of the application and archived communication-related direction concerned to a designated judge.
A designated judge must keep all copies of applications and archived communication-related directions submitted to him or her in terms of subsection (7), or cause it to be kept, for a period of at least five years.
The applicant who made the application in respect of an existing direction or, if he or she is not available, any other applicant who would have been entitled to make that application, may, at any stage after the issuing of the existing direction concerned, but before the expiry of the period for which it has been issued, apply to a designated judge for an amendment thereof or the extension of the period for which it has been issued.
contain an affidavit setting forth the results obtained from the direction concerned from the date of its issuance up to the date on which that application is made, or a reasonable explanation of the failure to obtain such results; and comply with any supplementary directives relating to applications for the amendment or extension of directions issued under section 58.
amend an existing direction; or extend the period for which an existing direction has been issued.
An existing direction may only be amended or the period for which it has been issued may only be extended if the designated judge concerned is satisfied, on the facts alleged in the application concerned, that the amendment or extension is necessary for purposes of achieving the objectives of the direction concerned: Provided that the period for which an existing direction has been issued may only be extended for a further period not exceeding three months at a time.
Any amendment of an existing direction or extension of the period for which it has been issued, must be in writing.
Section 16 (7) applies, with the necessary changes, in respect of the amendment of an existing direction or the extension of the period for which an existing direction has been issued.
made an application referred to in section 16 (1) or, if he or she is not available, any other applicant who would have been entitled to make that application, may, at any stage after the issuing of the interception direction in respect of which such an application was made, but before the expiry of the period or extended period for which it has been issued, apply to a designated judge for the issuing of a decryption direction.
proof that an interception direction has been issued; and an affidavit setting forth the results obtained from the interception direction concerned from the date of its issuance up to the date on which that application is made, or a reasonable explanation of the failure to obtain such results; and comply with any supplementary directives relating to applications for decryption directions issued under section 58.
A designated judge may, upon an application made to him or her in terms of subsection (1), issue a decryption direction.
the extent and nature of any other encrypted information, in addition to the encrypted information in respect of which the decryption direction is to be issued, to which the decryption key concerned is also a decryption key; and any adverse effect that the issuing of the decryption direction might have on the business carried on by the decryption key holder to whom the decryption direction is addressed.
may specify conditions or restrictions relating to decryption authorised therein; and may be issued for a period not exceeding three months at a time, and the period for which it has been issued must be specified therein: Provided that a decryption direction expires when the period or extended period for which the interception direction concerned has been issued, lapses.
Section 16 (7) applies, with the necessary changes, in respect of the issuing of a decryption direction.
made an application referred to in section 16 (1) or, if he or she is not available, any other applicant who would have been entitled to make that application, may, at any stage after the issuing of the interception direction in respect of which such an application was made, but before the expiry of the period or extended period for which it has been issued, apply to a designated judge for the issuing of an entry warrant.
indicate whether any previous application has been made for the issuing of an entry warrant for the same purpose or in respect of the same premises specified in the application and, if such previous application exists, must indicate the current status of that application; and comply with any supplementary directives relating to applications for entry warrants issued under section 58.
A designated judge may, upon an application made to him or her in terms of subsection (1), issue an entry warrant.
the entry of the premises concerned is necessary for a purpose referred to in the definition of 'entry warrant'; or there are reasonable grounds to believe that it would be impracticable to intercept a communication under the interception direction concerned otherwise than by the use of an interception device installed on the premises.
must contain the information referred to in subsection (2) (a) (ii) and (iii); and may contain conditions or restrictions relating to the entry upon the premises concerned as the designated judge deems necessary.
it is cancelled in terms of section 23 (11) or 25 (1) or (2) by the designated judge who issued it or, if he or she is not available, by any other designated judge, whichever occurs first.
Section 16 (7) applies, with the necessary changes, in respect of the issuing of an entry warrant.
If an entry warrant has expired as contemplated in subsection (6) (a) , the applicant who made the application in respect of the entry warrant concerned or, if he or she is not available, any other applicant who would have been entitled to make that application, must, as soon as practicable after the date of expiry of the entry warrant concerned, and without applying to a judge for the issuing of a further entry warrant, remove, or cause to be removed, any interception device which has been installed thereunder and which, at the date of expiry of that entry warrant, has not yet been removed from the premises concerned.
An application referred to in section 16 (1), 17 (1), 18 (1), 21 (1) or 22 (1) may be made orally by an applicant who is entitled to make such an application if he or she is of the opinion that it is not reasonably practicable, having regard to the urgency of the case or the existence of exceptional circumstances, to make a written application.
indicate the particulars of the urgency of the case or the other exceptional circumstances which, in the opinion of the applicant, justify the making of an oral application; and comply with any supplementary directives relating to oral applications issued under section 58.
Notwithstanding sections 2 and 12 or anything to the contrary in any other law contained, a designated judge may, upon an oral application made to him or her in terms of subsection (1), issue the direction or entry warrant applied for.
on condition that the applicant concerned must submit a written application to the designated judge concerned within 48 hours after the issuing of the direction or entry warrant under subsection (3).
A direction or entry warrant issued under subsection (3) must be in writing.
Section 16 (5) (b) and (c) , (6) and (7), 17 (5) and (6), 21 (4) (b) , (5) and (6) or 22 (5), (6), (7) and (8), whichever is applicable, applies, with the necessary changes, in respect of the issuing of a direction or an entry warrant under subsection (3).
Notwithstanding subsection (5), a designated judge may, upon an oral application made to him or her in terms of subsection (1), orally issue the direction or entry warrant applied for.
it is not reasonably practicable, having regard to the urgency of the case or the existence of exceptional circumstances to issue the direction or entry warrant applied for in writing; or any other exceptional circumstances exist which justify the issuing of an oral direction or oral entry warrant; and on condition that the applicant concerned must submit a written application to the designated judge concerned within 48 hours after the issuing of the oral direction or oral entry warrant under subsection (7).
Section 16 (5) (b) and (c) , (6) (b) , (c) and (d) and (7), 17 (5) (b) , (c) and (d) and (6), 21 (4) (b) , (5) (b) , (c) , (d) and (e) and (6) or 22 (5) (b) and (c) , (6), (7) and (8), applies, with the necessary changes, in respect of the issuing of an oral direction or oral entry warrant under subsection (7).
contents thereof; and period for which it has been issued; and confirm that oral direction or oral entry warrant in writing within 12 hours after the issuing thereof.
(b) , reconsider that application whereupon he or she may confirm, amend or cancel that direction, entry warrant, oral direction or oral entry warrant.
cancelled in terms of subsection (11), section 25 (3), (4) and (5) applies with the necessary changes.
the progress that has been made towards achieving the objectives of the direction or entry warrant concerned; and any other matter which the designated judge deems necessary; or on the date of expiry of the entry warrant concerned, on whether the interception device has been removed from the premises concerned and, if so, the date of such removal.
objectives of the direction or entry warrant concerned have been achieved; or ground on which the direction or the purpose for which the entry warrant concerned was issued, has ceased to exist.
a direction or an entry warrant under section 23 (3); or an oral direction or oral entry warrant, or, if he or she is not available, any other designated judge who would have been entitled to issue such a direction, entry warrant, oral direction or oral entry warrant, must cancel that direction, entry warrant, oral direction or oral entry warrant if the applicant concerned fails to comply with section 23 (4) (b) or (8) (b).
the applicant concerned; and if applicable, the postal service provider, telecommunication service provider or decryption key holder concerned, of such cancellation.
If an entry warrant or oral entry warrant is cancelled in terms of subsection (1) or (2), the applicant concerned must, as soon as practicable after having been informed of such cancellation, remove, or cause to be removed, any interception device which has been installed under the entry warrant or oral entry warrant concerned.
the contents of any communication intercepted under that direction or oral direction will be inadmissible as evidence in any criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, unless the court is of the opinion that the admission of such evidence would not render the trial unfair or otherwise be detrimental to the administration of justice; or any postal article that was taken into possession under that direction or oral direction must be dealt with in accordance with section 26 (4).
law enforcement officer may execute that direction; or law enforcement officer or other person may assist with the execution thereof, if the law enforcement officer or person concerned has been authorised by the applicant who made the application for the issuing of the direction concerned to execute that direction or to assist with the execution thereof.
A direction issued under this Act upon an application made by an applicant referred to in paragraph (f) of the definition of 'applicant' may only be executed by a law enforcement officer authorised thereto in writing by the applicant concerned, after consultation with the National Commissioner, if that law enforcement officer is a member of the Police Service, or the National Director, if that law enforcement officer is a member of the Directorate or of any component referred to in paragraph (e) of the definition of 'law enforcement agency'.
The applicant concerned may authorise such number of authorised persons to assist with the execution of the direction as he or she deems necessary.
An authorised person who executes a direction or assists with the execution thereof may intercept, at any place in the Republic, any communication in the course of its occurrence or transmission to which the direction applies.
in the opinion of the applicant concerned, cannot be returned in terms of subparagraph (i) without prejudice to the public health or safety, national security or compelling national economic interests of the Republic, as the case may be.
If an entry warrant has been issued, any authorised person who executes the interception direction in respect of which that entry warrant has been issued or assists with the execution thereof may, at any time during which the entry warrant is of force, without prior notice enter the premises specified in the entry warrant and perform any act relating to the purpose, referred to in the definition of 'entry warrant', for which the entry warrant concerned has been issued.
route the duplicate signals of indirect communications to which that interception direction applies to the designated interception centre concerned; or make available the necessary assistance and, subject to section 46 (7) (b) , the necessary facilities and devices to enable the authorised person concerned to effect the necessary connections in order to intercept any indirect communications to which the interception direction applies.
real-time communication-related information specified in the real-time communication-related direction concerned immediately; or archived communication-related information specified, and within the period stated, in the archived communication-related direction concerned, to the law enforcement agency concerned, in the form as specified in that real-time communication-related direction or archived communication- related direction.
If a decryption direction or a copy thereof is handed to the decryption key holder to whom the decryption direction is addressed by the authorised person who executes that decryption direction or assists with the execution thereof, the decryption key holder concerned must within the period stated in the decryption direction disclose the decryption key; or provide the decryption assistance, specified in the decryption direction concerned, to the authorised person concerned.
may only disclose the decryption key or provide the decryption assistance to the authorised person who executes that decryption direction or assists with the execution thereof; and may not disclose any other information, which is not specified in that decryption direction, relating to the customer in respect of whose encrypted information the decryption key has been disclosed or the decryption assistance has been provided.
A decryption key holder to whom a decryption direction is addressed and who is in possession of both the encrypted information and the decryption key thereto may use any decryption key in his or her possession to provide decryption assistance; and must, in providing such decryption assistance, make a disclosure of the encrypted information in an intelligible form.
A decryption key holder who, in terms of a decryption direction, is required to provide decryption assistance in respect of any encrypted information, will be regarded as having complied with that requirement if he or she instead of providing such decryption assistance, discloses any decryption key to the encrypted information that is in his or her possession; and makes such a disclosure, in accordance with the decryption direction concerned, to the authorised person to whom, and by the time by which, he or she was required to provide the decryption assistance.
not in possession of the encrypted information; or incapable, without the use of a decryption key that is not in his or her possession, to comply fully with that decryption direction, the decryption key holder concerned must endeavour to comply, to the best of his or her ability, with that decryption direction.
it will not be necessary, for purposes of complying with the decryption direction concerned, for the decryption key holder to disclose any decryption keys in addition to those the disclosure of which, alone, is sufficient to enable the authorised person to whom they are disclosed to obtain access to the encrypted information and to put it into an intelligible form; or the decryption key holder may select which of the decryption keys, or combination of decryption keys, to disclose for purposes of complying with the decryption direction concerned.
is in possession of any information that would facilitate the obtaining or discovery of the decryption key or the provision of decryption assistance, he or she must disclose all such information as is in his or her possession to the authorised person who executes the decryption direction or assists with the execution thereof.
no criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, will be instituted in connection with such records; or such records will not be required at any such criminal or civil proceedings for purposes of evidence or for purposes of an order of court.
provide a telecommunication service which has the capability to be intercepted; and store communication-related information.
type of communication-related information which must be stored in terms of subsection (1) (b) and the period for which such information must be stored, which period may, subject to subsection (8), not be less than three years and not more than five years from the date of the transmission of the indirect communication to which that communication-related information relates; and determine a period, which may not be less than three months and not more than six months from the date on which a directive referred to in paragraph (a) is issued, for compliance with such a directive, and the period so determined must be mentioned in the directive concerned.
[Sub-s. (2) amended by s. 97 of Act 36 of 2005.
manner of routing duplicate signals of indirect communications to designated interception centres in terms of section 28 (1) (b) (i); and manner of routing real-time or archived communication-related information to designated interception centres in terms of section 28 (2) (a) ; and may prescribe any other matter which the Cabinet member responsible for communications, in consultation with the Minister and the other relevant Ministers and after consultation with the Authority, deems necessary or expedient.
complying with section 28 (1) (b) (i) and (2) (a) , must be borne by that telecommunication service provider.
A directive issued under subsection (2) (a) may in like manner be amended or withdrawn.
(iii), the Cabinet member responsible for communications may, upon application by the telecommunication service provider concerned and in consultation with the relevant Ministers, reduce that period to a period which may not be less than three years by issuing an amended directive under subsection (2) (a).
determine a period, which may not be less than three months and not more than six months from the date on which a directive referred to in paragraph (a) is issued, for compliance with such a directive, and the period so determined must be mentioned in the directive concerned.
[Sub-s. (7) amended by s. 97 of Act 36 of 2005.
the forms of assistance in the execution of a direction for which a postal service provider, telecommunication service provider or decryption key holder must be compensated; and reasonable tariffs of compensation payable to a postal service provider, telecommunication service provider or decryption key holder for providing such prescribed forms of assistance.
may differ in respect of different categories of postal service providers, telecommunication service providers or decryption key holders; and must be uniform in respect of each postal service provider, telecommunication service provider or decryption key holder falling within the same category.
A notice issued under paragraph (a) may at any time in like manner be amended or withdrawn.
The first notice to be issued under paragraph (a) must be published in the Gazette within three months after the fixed date.
The compensation payable to a postal service provider, telecommunication service provider or decryption key holder in terms of this section will only be for direct costs incurred in respect of personnel and administration which are required for purposes of providing any of the forms of assistance contemplated in subsection (1) (a) (i).
Any notice issued under subsection (1) must, before publication thereof in the Gazette , be submitted to Parliament.
provision of decryption assistance.
acquire, install and maintain connections between telecommunication systems and interception centres; and administer the interception centres.
The Minister must exercise final responsibility over the administration and functioning of interception centres.
obtaining any kind of licence required by that Act; and paying any fees payable in terms of that Act.
[Sub-s. (3) amended by s. 97 of Act 36 of 2005.
The Minister must enter into service level agreements with the relevant Ministers in respect of the provision of services by the interception centres to the law enforcement agencies.
The Executive Director may enter into agreements with the National Commissioner and National Director to make use of the services of interception centres, including the cost thereof.
There is hereby established an office to be known as the Office for Interception Centres.
The Minister and the relevant Ministers must, from among their respective Departments, second a member or an officer to the Office as the Director: Office for Interception Centres, who will be the head of the Office.
The Director may exercise the powers and must perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by the Minister or under this Act, subject to the control and directions of the Minister.
Whenever the Director is for any reason unable to exercise, perform and carry out his or her powers, functions and duties or when the secondment of a member or an officer as Director is pending, the Minister and the relevant Ministers may, from among their respective Departments, designate a member or an officer to the Office as Acting Director, to exercise the powers, perform the functions and carry out the duties of the Director.
National Director; and officers of any other Department of State seconded to the Office, for a particular service.
with his or her consent; and after a security clearance has been issued by the Agency in respect of that member or officer.
is, for purposes of the exercise of the powers, performance of the functions and carrying out of the duties conferred upon, assigned to or imposed upon him or her by the Minister or under this Act, accountable to the Minister.
A member or an officer seconded or designated in terms of section 34 (4) may exercise the powers and must perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by the Director, subject to the control and directions of the Director.
The law enforcement agencies and other Departments of State must render such assistance as may be reasonably required in the exercise of the powers, performance of the functions and carrying out of the duties conferred upon, assigned to or imposed upon the Director by the Minister or under this Act.
The Minister must in respect of every interception centre to be established by section 32 (1) (a) , request the persons referred to in section 34 (4) (a) (i) to (v) to second a member or an officer from among their respective Departments to such interception centre as head of the interception centre in terms of the laws regulating such secondment.
The head of an interception centre may exercise the powers and must perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by the Director or under this Act, subject to the control and directions of the Director.
Whenever the head of an interception centre is for any reason unable to exercise, perform and carry out his or her powers, functions and duties or when the secondment of a member or an officer as head of an interception centre is pending, the Minister may request the persons referred to in section 34 (4) (a) (i) to (v), to designate, from among their respective Departments, a member or an officer to that interception centre as acting head of the interception centre concerned, to exercise the powers, perform the functions and carry out the duties of the head of that interception centre.
members of the law enforcement agencies, seconded or designated to the interception centre concerned for that purpose by the persons referred to in section 34 (4) (a) (i) to (v); and officers of any other Department of State seconded to the Office, for a particular service.
A member or an officer seconded or designated in terms of subsection (4) may exercise the powers and must perform the functions and carry out the duties conferred upon, assigned to or imposed upon him or her by the Director or the head of the interception centre concerned, subject to the control and directions of the head of the interception centre concerned.
In order to achieve the objects of this Act, the head of an interception centre must exercise control over members and officers seconded or designated to the interception centre in terms of subsection (4).
The head of an interception centre must keep or cause to be kept proper records of such information as may be prescribed by the Director in terms of section 35 (1) (f).
such activities at the interception centre or on any other matter relating to this Act which the Director requests the head of the interception centre to deal with in such report.
Notwithstanding paragraph (a) , a head of an interception centre may at any stage submit a report to the Director on any matter which, in the opinion of the head concerned, should urgently be brought to the attention of the Director.
The Director must, upon receipt of a report contemplated in subsection (2) (a) , submit a copy of that report to the Minister and the Chairperson of the Joint Standing Committee on Intelligence established by section 2 of the Intelligence Services Control Act, 1994 (Act 40 of 1994).
There is hereby established a fund to be known as the Internet Service Providers Assistance Fund.
The money in the Fund must be utilised for acquiring, whether by purchasing or leasing, facilities and devices for purposes of section 46 (7) (b) ; and the expenses involved in the control and management of the Fund.
money accruing to the Fund from any other source.
Management Act, 1999 (Act 1 of 1999).
The Minister, in consultation with the relevant Ministers, must make recommendations to the Director relating to the utilisation of the money in the Fund as contemplated in subsection (3) (a).
Any money in the Fund which is not required for immediate use must be invested by the Director with a banking institution approved by the Minister, in consultation with the Cabinet member responsible for national financial matters, and may be withdrawn when required.
Any unexpended balance of the money in the Fund at the end of any financial year must be carried forward as a credit in the Fund to the next financial year.
The Fund and the records referred to in subsection (5) (c) must be audited by the Auditor-General.
must cause the necessary accounting and other related records to be kept.
may obtain from such person any other information which the telecommunication service provider deems necessary for purposes of this Act.
the telephone number or any other number allocated to the person concerned; and any other information in respect of the person concerned which the telecommunication service provider concerned may require in order to enable him or her to identify that person.
provide the applicant with the telephone number or any other number allocated to that person by that telecommunication service provider; and furnish the applicant with a photocopy of the identification document of that person which is retained by that telecommunication service provider in terms of subsection (1) (a) (ii).
A telecommunication service provider who receives a request referred to in subsection (3) must immediately comply with that request if the person specified in the request is a customer of the telecommunication service provider concerned.
Subject to paragraph (b) , an electronic communication service provider who provides a mobile cellular electronic communications service shall not activate a SIM-card on its electronic communication system unless subsection (2) has been complied with.
Paragraph (a) does not apply to a customer of an electronic communication service provider who provides a mobile cellular electronic communications service outside the Republic who enters the geographical coverage area of a mobile cellular electronic communication service provider in the Republic and uses the electronic communication system of such provider to make, receive and send voice calls or data or access other services.
in the case of a person who is a South African citizen or is lawfully and permanently resident in the Republic, the full names and surname, identity number and at least one address of such person who requests that a SIM-card referred to in subsection (1) be activated on the electronic communication system of an electronic communication service provider; or is not a South African citizen or who is not permanently resident in the Republic, and who requests that a SIM-card referred to in subsection (1) be activated on the electronic communication system of an electronic communication service provider, the full names and surname, identity number and at least one address of such person and the country where the passport was issued; or in the case of a juristic person the full names, surname, identity number and an address of the authorised representative of the juristic person; and the name and address of the juristic person and, where applicable, the registration number of the juristic person.
the authority of the representative of a juristic person.
the authority of the representative of the juristic person by means of a letter of authority or an affidavit.
the facility in or on which the information is recorded and stored, are secure and only accessible to persons specifically designated by that electronic communication service provider.
The Minister may, in consultation with the Cabinet member responsible for communications, by notice in the Gazette , determine security standards relating to the matters contemplated in paragraph (a).
verify the particulars contemplated in subsection (2) (a).
An electronic communication service provider must, upon receipt of the information provided in terms of paragraph (a) , immediately record and store the information as contemplated in subsection (2).
confirm that the person specified in the request is or was a customer of that electronic communication service provider; and provide the applicant with the information recorded and stored in terms of subsection (2).
An electronic communication service provider who receives a request referred to in paragraph (a) must immediately comply with that request if the person specified in the request is or was a customer of the electronic communication service provider concerned.
If an employee or agent of an electronic communication service provider knows or suspects that an identification document submitted for verification as contemplated in subsection (3) is false, he or she must, within 24 hours, report the matter to a police official at any police station.
all particulars as required in subsection (2) in respect of the person who is to receive the SIM-card.
which must, on production of a direction, be provided to an applicant within 12 hours.
a customer has cancelled his or her contract with the electronic communication service provider; or the electronic communication service provider has ended the electronic communications service provided to the customer.
[Date of commencement of s. 40: 1 July 2009.
Whenever a cellular phone or SIM-card is lost, stolen or destroyed, the owner of that cellular phone or SIM-card, or any other person who was in possession, or had control, thereof when it was so lost, stolen or destroyed, must within a reasonable time after having reasonably become aware of the loss, theft or destruction of the cellular phone or SIM-card, report such loss, theft or destruction in person or through a person authorised thereto by him or her, to a police official at any police station.
A police official who receives a report contemplated in subsection (1), must immediately provide the person who makes the report with written proof that the report has been made or, in the case of a telephonic report, with the official reference number of the report.
A record of every report made in terms of subsection (1) must be kept at the police station where such a report has been made.
a report contemplated in subsection (1) must be made; and (bb) records contemplated in subsection (3) must be kept; and information to be contained in such a report or record.
Any directive issued under paragraph (a) may at any time in like manner be amended or withdrawn.
Any directive issued under paragraph (a) must, before the implementation thereof, be submitted to Parliament.
to any competent authority which requires it for the institution, or an investigation with a view to the institution, of any criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act.
postal service provider, telecommunication service provider or decryption key holder may disclose any information which he or she obtained in the exercising of his or her powers or the performance of his or her duties in terms of this Act; or employee of a postal service provider, telecommunication service provider or decryption key holder may disclose any information which he or she obtained in the course of his or her employment and which is connected with the exercising of any power or the performance of any duty in terms of this Act, whether that employee is involved in the exercising of that power or the performance of that duty or not, except for the purposes mentioned in subsection (1).
a decryption key is being or has been or will probably be disclosed or that decryption assistance is being or has been or will probably be provided; and an interception device is being or has been or will probably be installed.
the contents of any communication intercepted under that direction, or evidence derived therefrom; or real-time or archived communication-related information provided under that direction, may disclose such contents or evidence or real-time or archived communication-related information to another law enforcement officer, to the extent that such disclosure is necessary for the proper performance of the official duties of the authorised person making or the law enforcement officer receiving the disclosure; or use such contents or evidence or real-time or archived communication-related information to the extent that such use is necessary for the proper performance of his or her official duties.
The Minister must, by notice in the Gazette , declare any electronic, electromagnetic, acoustic, mechanical or other instrument, device or equipment, the design of which renders it primarily useful for purposes of the interception of communications, under the conditions or circumstances specified in the notice, to be listed equipment.
consult the relevant Ministers; and cause to be published in the Gazette a draft of the proposed notice, together with a notice inviting all interested parties to submit to him or her in writing and within a specified period, comments and representations in connection with the proposed notice.
A period of not less than one month must elapse between the publication of the draft notice and the notice under subsection (1).
if the Minister, in pursuance of comments and representations received in terms of subsection (2) (a) (ii), decides to publish a notice referred to in subsection (1) in an amended form; and to any declaration in terms of subsection (1) in respect of which the Minister is of the opinion that the public interest requires that it be made without delay.
Subject to subsection (2) and section 46, no person may manufacture, assemble, possess, sell, purchase or advertise any listed equipment.
Subsection (1) does not apply to any telecommunication service provider or other person who, or law enforcement agency which, manufactures, assembles, possesses, sells, purchases or advertises listed equipment under the authority of a certificate of exemption issued to him or her or it for that purpose by the Minister under section 46.
law enforcement agency from the prohibited acts of possessing and purchasing referred to in section 45 (1), for such period and on such conditions as the Minister determines.
A condition referred to in paragraph (a) may include that an Internet service provider to whom an exemption has been granted under paragraph (a) (i) must pay as an annual contribution to the Fund such amount as the Minister determines in each case.
special circumstances exist which justify such exemption.
law enforcement agency, concerned, a certificate of exemption in which his or her or its name and the scope, period and conditions of the exemption are specified.
must be published in the Gazette ; and becomes valid upon the date of such publication.
The Minister must, before he or she publishes a certificate of exemption in terms of subsection (3) (b) (i), table such certificate in the National Assembly for approval.
The National Assembly may reject a certificate tabled in terms of paragraph (a) within two months after it has been tabled, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session.
If the National Assembly rejects such a certificate, the Minister may table an amended certificate in the National Assembly.
such certificate will be deemed to have been approved by the National Assembly; and the Minister must publish that certificate in terms of subsection (3) (b) (i) within one month thereafter.
A certificate of exemption contemplated in subsection (3) may at any time in like manner be amended or withdrawn by the Minister.
termination of the period for which it was granted; or withdrawal of the relevant certificate under subsection (5).
If an exemption has been granted to an Internet service provider under subsection that Internet service provider will be subject to all the other applicable provisions of this Act; and the law enforcement agency which made the application for the issuing of the direction which is addressed to such Internet service provider, must make available the necessary facilities and devices to execute that direction.
rejects the amended certificate within two months after it has been tabled, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 14 days after the commencement of its next ensuing ordinary session, paragraph (c) and this paragraph apply.
Information regarding the commission of any criminal offence, obtained by means of any interception, or the provision of any real-time or archived communication-related information, under this Act, or any similar Act in another country, may be admissible as evidence in criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act.
Any information obtained by the application of this Act, or any similar Act in another country, may only be used as evidence in any criminal proceedings or civil proceedings as contemplated in Chapter 5 or 6 of the Prevention of Organised Crime Act, with the written authority of the National Director, or any member of the prosecuting authority authorised thereto in writing by the National Director.
specifies the contents of such direction, shall, upon its mere production at such proceedings, be prima facie proof that the designated judge, judge of a High Court, regional magistrate or magistrate concerned received and considered such application, issued such direction and of the contents thereof.
Any person who intentionally intercepts or attempts to intercept, or authorises or procures any other person to intercept or attempt to intercept, at any place in the Republic, any communication in the course of its occurrence or transmission, is guilty of an offence.
interception of a communication as contemplated in sections 3, 4, 5, 6, 7, 8 and 9; or monitoring of a signal or radio frequency spectrum as contemplated in sections 10 and 11.
Any telecommunication service provider or employee of a telecommunication service provider who intentionally provides or attempts to provide any real-time or archived communication-related information to any person other than the customer of the telecommunication service provider concerned to whom such real-time or archived communication-related information relates, is guilty of an offence.
Subsection (1) does not apply to the provision of real-time or archived communication-related information as contemplated in sections 13, 14 and 15.
[Sub-para. (i) substituted by s. 3 (a) of Act 48 of 2008.
obstructs, hinders or interferes with an authorised person who executes any direction or entry warrant issued under this Act or assists with the execution thereof, in the exercising of his or her powers under that direction or entry warrant, is guilty of an offence.
paragraph (a) or in section 49 (1) or 54, is liable to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years; or section 52, 53 (1) or 55 (1), is liable to a fine or to imprisonment for a period not exceeding two years.
performs an act contemplated in subsection (1) (a) (iii), (v) or (vii), is guilty of an offence.
(aa) natural person, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years; or (bb) juristic person, to a fine not exceeding R5 000 000; or an employee, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years.
natural person, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years; or (bb) juristic person, to a fine not exceeding R5 000 000; or an employee, to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years.
section 40 (1), (2), (3), (4) or any determination made thereunder, (6), (7), (9) or (10); or section 62 (6) (a) , (b) , (c) or (d) , is guilty of an offence and liable on conviction to a fine not exceeding R100 000 for each day on which such failure to comply continues.
[Sub-s. (3A) inserted by s. 3 (b) of Act 48 of 2008.
Any customer or person who fails to comply with section 40 (5) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.
[Sub-s. (3B) inserted by s. 3 (b) of Act 48 of 2008.
An employee or agent of an electronic communication service provider who fails to comply with section 40 (8), is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.
[Sub-s. (3C) inserted by s. 3 (b) of Act 48 of 2008.
juristic person contemplated in section 62C (1); or person contemplated in section 62C (2), who fails to comply with section 62C, is guilty of an offence and liable on conviction to a fine not exceeding R2 000 000 or to imprisonment for a period not exceeding 10 years.
[Sub-s. (3D) inserted by s. 3 (b) of Act 48 of 2008.
[Para. (b A) inserted by s. 3 (c) of Act 48 of 2008.
subsection (4) (a) (i) does not relieve any decryption key holder or any employee of such a decryption key holder of the obligation to comply with section 29 (1).
Notwithstanding anything to the contrary in any other law contained, a magistrate's court may impose any penalty provided for in this Act.
in good faith assists an authorised person with the execution of a direction; and believes on reasonable grounds that such authorised person is acting in accordance with such a direction, is liable to prosecution for a contravention of this Act.
Any person who is found in possession of any cellular phone or SIM-card in regard to which there is reasonable suspicion that it has been stolen and is unable to give a satisfactory account of such possession, is guilty of an offence.
Any person who in any manner acquires or receives into his or her possession from any other person a stolen cellular phone or SIM-card without having reasonable cause for believing at the time of such acquisition or receipt that such cellular phone or SIM-card is the property of the person from whom he or she acquires or receives it or that such person has been duly authorised by the owner thereof to deal with it or dispose of it, is guilty of an offence.
In the absence of evidence to the contrary which raises a reasonable doubt, proof of such possession is sufficient evidence of the absence of reasonable cause.
allows any other person to perform any of the acts referred to in paragraph (a) or (b) , is guilty of an offence.
modifies, tampers with or interferes with, any interception or monitoring equipment, device or apparatus installed or utilised in terms of this Act; or allows any other person to perform any of the acts referred to in paragraph (a) , is guilty of an offence.
Any person who fails to report the loss, theft or destruction of a cellular phone or SIM-card in terms of section 41 (1), is guilty of an offence.
Whenever a person is charged with an offence referred to in subsection (1) and it is proved that such person was, at the time, the owner or authorised possessor of the cellular phone or SIM-card alleged to have been lost, stolen or destroyed, proof that the person has failed to produce such cellular phone or SIM-card within seven days of a written request by a police official to do so, will, in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that the cellular phone or SIM-card has been lost, stolen or destroyed.
The Cabinet member responsible for communications, after consultation with the Authority, may, in the case of a second or subsequent conviction of an electronic communication service provider of an offence referred to in section 51 (3) (a) (ii) and notwithstanding the imposition of any penalty prescribed by section 51 (3) (b) , revoke the licence issued to the electronic communication service provider concerned under Chapter 3 of the Electronic Communications Act, to provide an electronic communications service.
which was found in the possession of the convicted person; or the possession of which constituted the offence, to be forfeited to the State.
the possession of which constituted the offence, to be forfeited to the State.
Any listed equipment or other equipment declared forfeited under subsection (1) or must, as soon as practicable after the date of declaration of forfeiture, be delivered to the Police Service.
for a period of 30 days with effect from the date of declaration of forfeiture; and must as soon as practicable after the expiry of the period referred to in subparagraph (i), be destroyed by the Police Service.
had taken all reasonable steps to prevent the use thereof in connection with the offence.
inquire into and determine those matters.
listed equipment concerned is the property of the telecommunication service provider or other person concerned; and telecommunication service provider or other person concerned is a person referred to in subsection (5), the court must set aside the declaration of forfeiture and direct that the listed equipment concerned be returned to such telecommunication service provider or other person.
If a determination by the court under paragraph (b) is adverse to the applicant, he or she may appeal therefrom as if it were a conviction by the court making the determination, and such appeal may be heard either separately or jointly with an appeal against the conviction as a result whereof the declaration of forfeiture under subsection was made, or against a sentence imposed as a result of such conviction.
When determining the matters referred to in paragraph (a) (i) and (ii), the record of the criminal proceedings in which the declaration of forfeiture under subsection (1) was made, must form part of the relevant proceedings, and the court making the determination may hear such additional evidence, whether by affidavit or orally, as it deems fit.
has not been made, upon an application made at any time after a period of three months with effect from the date of declaration of forfeiture under subsection (1) but before the expiry of a period of four months from that date; or has been made and the declaration of forfeiture has not been set aside, upon an application made at any time within a period of one month with effect from the date on which a final decision in respect of that application has been given, in terms of section 46 (1) (a) (iii) exempt the law enforcement agency which made the application from possessing the listed equipment declared forfeited under subsection (1).
Section 46 applies with the necessary changes in respect of an application referred to in paragraph (a).
A designated judge or, if there is more than one designated judge, all the designated judges jointly, may, after consultation with the respective Judges-President of the High Courts, issue directives to supplement the procedure for making applications for the issuing of directions or entry warrants in terms of this Act.
Any directive issued under subsection (1) may at any time in like manner be amended or withdrawn.
Any directive issued under subsection (1) must be submitted to Parliament.
59 Amends section 205 of the Criminal Procedure Act 51 of 1977 by substituting subsection (1).
60 Amends section 11 of the Drugs and Drug Trafficking Act 140 of 1992 by substituting paragraph (e) . 61 Amends section 3 (a) of the Intelligence Services Act 40 of 1994 by substituting subparagraph (iii).
1992 (Act 127 of 1992), is hereby repealed. [Date of commencement of sub-s. (1): 30 June 2008.
Any judge whose designation in terms of the Interception and Monitoring Prohibition Act, 1992, to perform the functions of a judge for purposes of that Act is still in force on the fixed date, must be regarded as having been so designated in terms of this Act.
[Date of commencement of sub-s. (2): 30 June 2008.
A direction issued under section 3 of the Interception and Monitoring Prohibition Act, 1992, and which is still in force on the fixed date, must be regarded as having been issued under this Act and remains in force until the period or extended period for which that direction has been issued, lapses.
[Date of commencement of sub-s. (3): 30 June 2008.
The directives issued under section 6 of the Interception and Monitoring Prohibition Act, 1992, and which are still in force immediately before the fixed date, cease to be of force and effect from the fixed date.
[Date of commencement of sub-s. (4): 30 June 2008.
Any place which, immediately before the fixed date, has been used by the Police Service, Defence Force, Agency, Service or Directorate for the interception and monitoring of communications in terms of the Interception and Monitoring Prohibition Act, 1992, will, as from a date specified by the Cabinet member responsible for intelligence services, cease to exist unless such place is established as an interception centre as contemplated in section 32 (1) (a).
other liabilities and obligations of that place remain with the Police Service, Defence Force, Agency, Service or Directorate, whichever used that place for purposes referred to in paragraph (a).
[Date of commencement of sub-s. (5): 30 June 2008.
Notwithstanding section 40 (1), an electronic communication service provider who, prior to the date of commencement of this section, provides a mobile cellular electronic communications service must, within 18 months from the said date, record and store the information contemplated in section 40 (2) in respect of all customers whose SIM-cards are activated on its system, if the information in question has not already been recorded and stored in terms of section 40.
Section 40 (2), (3), (4), (9) and (10) applies with the necessary changes in respect of the information recorded and stored in terms of paragraph (a).
The obligations and rights conferred upon a person and an applicant in terms of section 40 (7) and (8) apply with the necessary changes.
An electronic communication service provider shall not allow service continuation on its electronic communication system in respect of any activated SIM-card if the information referred to in paragraph (b) has not been recorded and stored at the expiry of the 18-month period contemplated in paragraph (a).
[Sub-s. (6) substituted by s. 4 of Act 48 of 2008.
[Date of commencement of sub-s. (6): 1 July 2009.
The Minister may, in consultation with the Cabinet member responsible for communications, at the request of any electronic communication service provider who provides a mobile cellular electronic communications service, determine uniform tariffs of compensation payable by the electronic communication service providers who provide a mobile cellular electronic communications service, to persons employed to record and store the information contemplated in sections 40 and 62 (6) of the Act.
[S. 62A inserted by s. 5 of Act 48 of 2008.
a customer of the manner in which the obligations must be complied with; and a customer of the consequences of non-compliance with the obligations.
[S. 62B inserted by s. 5 of Act 48 of 2008.
the full names, surname, identity number and identity of the person to whom the SIM-card is provided; and the address contemplated in section 40 (3) (a) (iii), by means of documentation contemplated in section 40 (3) (b).
the address contemplated in section 40 (3) (a) (iii), by means of documentation contemplated in section 40 (3) (b).
The information referred to in subsections (1) and (2) must be stored for a period of five years.
An applicant may, for the purposes of making an application for the issuing of a direction, in writing request a person contemplated in subsection (1) or (2) to provide the applicant with the information recorded and stored in terms of subsection (1) or (2), respectively.
A person contemplated in subsection (1) or (2) who receives a request referred to in paragraph (a) must immediately comply with that request if the request relates to any SIM-card in its, his or her possession or to any person to whom the SIM-card was provided or rented.
If a person contemplated in subsection (1) or (2) knows or suspects that an identification document submitted for verification as contemplated in section 40 (3) is false, it, he or she must, within 24 hours, report the matter to a police official at any police station.
[S. 62C inserted by s. 5 of Act 48 of 2008.
This Act is called the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002, and comes into operation on a date fixed by the President by proclamation in the Gazette.
Notwithstanding subsection (1), sections 40 and 62 (6) come into operation on the date on which the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Act, 2008, takes effect.
[Schedule amended by s. 36 (1) of Act 12 of 2004 and by s. 27 (1) of Act 33 of 2004.
[Item 2 substituted by s. 27 (1) of Act 33 of 2004.
[Item 3 deleted by s. 27 (1) of Act 33 of 2004.
[Item 12 substituted by s. 36 (1) of Act 12 of 2004.
14 any offence the punishment wherefor may be imprisonment for life or a period of imprisonment prescribed by section 51 of the Criminal Law Amendment Act, 1997 (Act 105 of 1997), or a period of imprisonment exceeding five years without the option of a fine.
To amend the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002, so as to insert certain new definitions and to amend certain definitions; to provide afresh for information to be obtained and kept in respect of cellular phones and SIM-cards; to further regulate offences and penalties; and to provide for matters connected therewith.
1 Amends section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 , as follows: paragraph (a) inserts the definitions of 'activate' and 'address'; paragraph (b) substitutes the definition of 'customer'; paragraph (c) inserts the definition of 'family member'; paragraph (d) substitutes the definition of 'identification document'; paragraph (e) inserts the definition of 'identity number'; and paragraph (f) inserts the definition of 'informal settlement'.
2 Substitutes section 40 of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002.
substitutes subsection (1) (a) (i); paragraph (b) inserts subsections (3A), (3B), (3C) and (3D); and paragraph (c) deletes the word 'or' at the end of subsection (5) (b) and inserts paragraph (b A).
[Date of commencement of s. 3: 1 August 2009.
4 Amends section 62 of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 by substituting subsection (6).
5 Inserts sections 62A, 62B and 62C in the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002.
6 Substitutes section 63 of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002.
This Act is called the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Act, 2008, and comes into operation on a date determined by the President by proclamation in the Gazette.
<fn>GOV-ZA.2002071601En.2012-02-10.en.txt</fn>
Paragraph 24 of the Code of Conduct for Primary Dealers makes a provision for a maximum bid-offer spread that applies to prices quoted between Primary Dealers or by Primary Dealers to other market participants. The maximum spread is currently 5 basis points in R10m for liquid bonds and 5 basis points in R5m for the less liquid bo nds.
The Primary Dealers (PDs) have requested that the maximum bid/offer spread obligation be lifted since the consequence of a predetermined maximum spread is that during times of abnormal market volatility or low liquidity, the PD system does not perform optimally. According to the PDs, in times of volatility, transactions are based on an artificial constraint due to the maximum spread.
In an attempt to eliminate the above mentioned problem, and according to the Primary Dealers, to align the South African domestic capital market with the best practices followed in most major international markets, a request was made that the maximum bid/offer spread obligation be lifted. The Primary Dealers stated that the domestic capital market has now reached a level of development and maturity to allow a progression towards the standard practice in more developed economies.
The proposal by the Primary Dealers was discussed by the Public Debt Committee which is made of the SARB's and National Treasury's Officials. A Task Team was established to undertake research regarding this issue.
The more liquid the bond is, the tighter is the bid-offer spread obligation/recommendation.
With illiquid bonds almost gone due to the National Treasury's debt consolidation programme, PDs are not obliged to quote a two-way price for non -benchmark bonds. The PDs will quote a two-way price for the R150, R194, R153, R157 and R186. Regarding the R150, an announcement will be made on when will the PDs be requested to quote a two-way price on the split R150 (R006, R151 and R152).
Noting the liquidity of the government bonds across the yield curve in which the R150 and the R153 contribute about 70%, the National Treasury is comfortable about widening the bid/offer spreads of the R157 and R186.
Considering the level of sophistication of the domestic capital market, it is doubtful that any primary dealer will widen its bid/offer spread in a stable environment since investors will use other market makers. In fact, while the maximum bid/offer spread is currently 5 basis points, in a stable environment, Primary Dealers tend to quote 1-3 basis points spread.
The National Treasury will monitor the performance of PDs and reserves the right to move back to the original position if necessary. The National Treasury will compile a first Report on 31 October 2002 (after 3 months) to ascertain the performance of PDs in this new market environment.
The widening of the Primary Dealers bid/offer spread obligation on selected bonds will be effective from 1 August 2002.
Mr Phakamani Hadebe Chief Director: Liability Management Phone: (012) 315 5486 E-mail:phakamani.hadebe@treasury.gov.
<fn>GOV-ZA.2002072201En.2012-02-10.en.txt</fn>
The National Treasury's Paper on STRIPS states that although anyone can trade or hold strips, only Primary Dealers in Government Bonds, who have entered into a Strip Agreement with National Treasury, will be authorised to perform stripping and reconstitution through the National Treasury's facility. The Primary Dealers that have entered a Strip Programme agreement with the National Treasury are Nedcor Investment Bank (NIB), Rand Merchant Bank (RMB) and Standard Corporate and Merchant Bank (SCMB).
The National Treasury's Paper on STRIPS further states that the Strip Primary Dealers will not be obliged to make a market in strips as part of their general market making obligations for the first six months (beginning 21 January 2002). After six months, the role of Primary Dealers in Strips will be reviewed.
In line with this, a meeting was held on 17 July 2002 between the National Treasury, the South African Reserve Bank (SARB) and the Strip Primary Dealers. With R6 billion bonds stripped, the meeting acknowledged the progress made thus far. The meeting also agreed that the understanding of the strip market features is improving among the market participants and that the strip market will continue to improve going forward.
Regarding strip market making, the meeting agreed that the time was still not right for the three Primary Dealers to be obliged to make a market. This means that the Strip Primary Dealers will continue with their current responsibility which is mainly strip market facilitation.
The National Treasury understands that the Strip Market is relatively new and acknowledges the important role that has been played by the Strip Primary Dealers and Strip market participants. Further, the National Treasury is confident that the Strip Market will continue to develop.
<fn>GOV-ZA.2002072401En.2012-02-10.en.txt</fn>
The National Treasury announces a switch auction to the total amount of R 3,430,713,502.00.
<fn>GOV-ZA.2002072501En.2012-02-10.en.txt</fn>
Thank you for inviting me to address you this evening.
William Shakespeare, in Sonnet 30, coined an apt yet robust description of the public good that the Short term Insurance industry, efficiently guided under the auspices of the SA Insurance Association, has brought to our society.
Modern society requires, and commerce is dependent on, the professional risk bearer, the insurer, to give a measure of certainty against the possibility of loss of property due to a contingency. As an economic concept insurance has its justification in the certainty of the financial burden of losses it creates and in its function of spreading the losses that occur.
The provision of short term insurance has key benefits. Insurance transfers risk from the generally risk averse public to the professional insurer thereby bringing comfort and peace of mind to the businessman and ordinary house-owner, alike, and makes the costs of daily life and conducting business more certain.
Insurance, through the transferal of risk, turns the wheels of commence. It provides for a more optimal utilisation of capital: capital that would have been trapped in reserve funds, or held in safe instruments, to cover the risks that businesses assume, is now released for efficient use and more productive pursuits. This generally would increase productivity and assist capital formation. It is in this cardinal sense that, in my opinion, insurance has an important role to play in the generation of economic growth of a country.
The insurance industry globally has gone through a very rough patch since the occurrence of the tragedy, which has become known as 911. Insurance premiums in air travel and the transport of goods have rocketed. The relatively safe transport by sea of strategic goods, like oil, from the Middle East is now perceived to be more risky. This has led to sharp increases to cover war risks and related risks. These effects are felt both by the insured business and the insurers who now face increased re-insurance costs. This has a negative impact on the cost of doing business, and as been a factor in dampening the global recovery.
Domestic conditions for industry players have therefore been tough indeed. I have read reports of varied increases in the cost of premiums since the year began, from 10 percent for personal and household risks, about 100 percent increase for corporate and commercial risk, to a high charge of some 400 percent in aviation. However, the FSB Special Report on unaudited results for the industry for the period ended March 2002 does have positive news. It reflects a modest but general net premium growth across all activities to R14,5 billion last year, compared to R13 billion in 2000. Underwriting profits showed a marked turnaround from a combined R171 million loss in 2000 to a R199 million profit last year. Overall, underwriting and investment income grew to R1,96 billion in 2001 from R1,4 billion the year before. Importantly, claims as a percentage of earned premiums dropped to 70 percent, their lowest level since 1997. It seems to me that the signs are there that the domestic industry is primed for further growth.
In the circumstances, I must commend the industry on its resilience and in weathering the knock-on effects of 911, which is by far the biggest insurance catastrophe in the modern era. The IMF June 2002 Global Financial Stability Report reflects a conservative total insured losses for 911 of around 60 billion US Dollars. Other estimates sit around 90 billion US Dollars.
It is natural when trading conditions are tough and the hatches are battened down that industries tend to loose sight of large policy issues. In South Africa one burning issue for many a black business entrepreneur has been a slow pace of economic transformation whereby the wealth of our nation has been equitably distributed and the opportunity to participate in such wealth creation has substance. The issue of black economic empowerment has to be tackled constructively by all industries. Glass barriers make poor business associates and to my mind stymie economic activity at all levels.
What this nation needs most in its business ethic is a shared belief in real equality of economic opportunity and the removal of unjustified inequality. Only then can we move forward as a nation, and the wealth created by the sweat of a brow fertilise and ultimately harvest the fruits of our collective labour.
I am reminded by the words of David Daiches Raphael when he grappled with the morality of just institutions, in his treatise "Justice requires Equality".
"We also recognize a claim to equality of opportunity, that is, a claim of every man to an equal chance of developing his capacities and pursuing his interests. Is there also a claim to equal distribution That is, when material means to happiness are available, should they, in the absence of other claims, be distributed equally The question may be put alternatively thus: have men a claim to equal happiness, or only to an equal chance of pursuing happiness?
I would urge you as an industry to give thought and consideration to what these words may mean for our business community.
"Equal opportunity means, ideally, maximum opportunity for all to develop the potentialities they have, and failing that, the maximum that is possible in the face of, e.g. economic difficulties. The opportunity is to be equally, i.e. impartially, spread in the sense that discrimination in the provision of a particular type of opportunity for some and not for others should depend on the potentialities that the prospective recipients have, instead of depending on "irrelevant" considerations such as birth or wealth."
The need to remove whatever glass barriers exist has come and should be undertaken with seriousness and commitment.
I turn briefly to the issue that is also close to my heart: that is the protection of consumers in the financial services industry. I am grateful for the support this Association has shown for the Financial Advisory and Intermediary Services Bill, which will soon become an Act.
In South Africa there has been no formal system of regulating financial advisors and intermediaries. This implies that there has been no recourse for consumers who have been sold financial products that are either ill-suited to their needs or that do not deliver the promised returns.
There has been a long-felt need for regulation that stems from the Commission of Inquiry into the affairs of the Masterbond Group and Investor Protection in South Africa (October 2001).
What is important to understand is that the Bill has a functional and not an institutional approach. It regulates a function, not a person or an institution directly. Therefore, if a person performs the function of "advice" or "intermediary services", that person will have to be licensed under the Bill, irrespective of whether the person is a product supplier (who may already be licensed under some other law) or an intermediary (broker) or an investment manager. In each instance the "advice" or "intermediary service" must relate to a "financial product" which embraces almost every investment or insurance product or financial instrument in the market place.
Effective regulation is to be achieved through a number of mechanisms.
Firstly, a financial services provider must be licensed in terms of the Bill and will have to comply with certain prescribed fit and proper criteria relating to honesty and integrity, competency and operational ability and financial soundness. A licence may be granted subject to certain conditions and restrictions, which creates the opportunity for differentiation or categorisation of providers in accordance with the type and level of service rendered. Unreasonable entry barriers may thus be obviated?
Secondly, the Bill imposes responsibilities on financial services providers with regard to their representatives for whose conduct the financial services provider is liable. A representative engages in the same activities as its principal but does so for or on behalf of the financial services provider, either because he or she is an employee of or holds a mandate from the provider. Representatives also need to meet the criteria relating to honesty and competency?
In order to establish a professional group of financial services providers in South Africa, the Bill lays down standards for the market conduct of both providers and representatives. The focus is the needs of the consumer, the right of the consumer to be treated fairly, full disclosure of any relevant matter and the responsibility of the industry players to act professionally and to place the interests of the consumer above their own.
A system of compliance is created in order to monitor adherence to the law through the appointment of compliance officers, record -keeping, proper accounting and, where appropriate, auditing requirements.
Due care has been taken to ensure effective law enforcement in the event of transgressions by financial service providers or representatives. Consumer complaints will be dealt with through a formal, yet expeditious and cost-effective dispute resolution mechanism in the form of the office of the Ombud for Financial Services Providers. The design of the office is to meet the constitutional requirements of independence and impartiality. A determination by the Ombud will have the effect of a civil judgment and will be executable through the ordinary judicial process. In addition, civil remedies are available to the Registrar such as class actions on behalf of deprived clients. The Registrar, who is empowered to declare certain practices as undesirable, may impose administrative penalties. Finally, criminal sanctioning is provided for through heavy fines and terms of imprisonment.
An outstanding feature of the Bill is its flexibility of application. This will enable the regulator to rectify unintended consequences, to address cases of hardship and to ensure pragmatism in the application of the Bill.
In conclusion, I look forward to the co-operation of all industries and their intermediaries to play by the rules laid down by this important new Bill, once enacted. May we in so doing also improve the quality of life for consumers by offering them honest advice, a good product at a fair price, within the letter and spirit of the Bill.
I Thank You.
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The Ministers are expected to sign Memoranda of Understanding on tax harmonisation and macroeconomic convergence in the SADC region. The meeting will also consider the role of Ministers of Finance in the African Union and Nepad, further steps toward macroeconomic convergence in the region, and will receive a report on the East and Southern Africa Money Laundering Group.
Decisions of this meeting will be taken to the SADC Council of Ministers in Angola, September 2002.
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The Government Debt Consolidation Programme consisting of switches and buybacks has proved very successful and the National Treasury is appreciative of the commitment showed by market participants to developing the domestic capital market. A comparison with the majority of countries that have undertaken debt consolidation programmes indicates that the South African programme is one of the most successful, if not the best.
The total switched illiquid bonds and buy-backs amount to about R50 billion to date: 59 bonds have been involved in the debt consolidation programme; 19 switch auctions and 7 buy-back auctions have been conducted. There are 5 remaining 'ex-homeland bonds' and 8 RSA bonds with maturities longer than two years. The nominal outstanding for 'ex-homelands ' and RSA bonds is R5.1 million and R2.3 billion respectively.
While the Government Debt Consolidation Programme will continue to be used as a debt portfolio management instrument, the National Treasury feels that the primary objective of consolidating total debt into 5 liquid benchmark bonds has been achieved. Accordingly, the National Treasury hereby wishes to announce the last debt consolidation auction for all the remaining illiquid bonds with maturities longer than two years.
This involves the following bonds: Since this is the last announcement of the above bonds, should the National Treasury fail to buy-back or switch-out of these bonds, they will be held to maturity. Except for R089, R093, R097 and R133 due to their small nominal outstanding, the National Treasury hereby provides holders of the RSA bonds an option of either a buy-back or a switch.
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Fitch Ratings, the international rating agency, has revised the Outlook on South Africa's sovereign ratings to Positive from Stable. The Long- and Short-term foreign currency ratings are 'BBB-' (BBB minus) and 'F3', respectively; the Long-term local currency rating is 'BBB+'. The change in Outlook reflects South Africa's strong track record on macroeconomic policy, especially the positive trend in public finances, which will deliver further improvements in the country's credit fundamentals, as well as the increased resilience of the South African economy to domestic and external shocks. A continuation of current trends will likely result in an upgrade of South Africa's sovereign ratings within the next 12 to 24 months. This is a sounding vote of confidence in our economy. It would contribute to the lowering of the borrowing costs for the government and other South African issuers.
Fitch highlighted the following factors as contributing to changing the outlook from stable to positive. Sound macroeconomic policies and fiscal discipline have resulted in regular undershooting of budget deficits and a declining public debt to GDP ratio as well underpinning improvements in external debt and liquidity indicators during the past four years. General government debt at 44% of GDP is close to the median for 'BBB' category countries and, in contrast to many other similarly rated sovereigns, is predominately denominated in local currency. This factor limits the negative impact of adverse exchange rate movements on public and external debt ratios, as well as indicating a relatively deep and secure source of local financing. A moderate external debt burden - net external debt is around 20% of GDP and has fallen from 90% of current account receipts in 1997 to around 55% in 2002 - combined with small current account deficits, limit South Africa's reliance on external financing, an important rating strength.
Fitch further notes that trade reforms, which have led to an increasingly diversified exports sector and encouraged corporate sector restructuring, combined with a more than 30% deprecation of the real exchange over the last five years, have resulted in a more open, internationally competitive and resilient economy.
Last year's sharp fall in the rand demonstrated the robustness of the macroeconomic policy regime. Although inflation is now above target and South Africa Reserve Bank may struggle to get it on target next year as well, the authorities demonstrated they are willing to allow a free float of the exchange rate. This contrasts sharply with previous episodes of rand weakness when the SARB actively intervened in the foreign exchange market, often in the forward market, to defend a particular value of the rand, so leaving a legacy of a negative net international reserve position. The net open forward position (NOFP, forward liabilities minus net foreig n exchange reserves) also continues to decline and should be eliminated by the end of FY2002/2003. This will contribute to a more stable currency and allow the SARB to build its international reserves, although external liquidity remains weak in peer group terms and the rand will still be prone to periodic volatility.
Despite the decline in global demand and weakening confidence at the time of the rand's sharp decline in the second half of last year, growth, which has become increasingly export driven, held up relatively well at 2.2% and is expected to pick up this year and next, benefiting from the boost to external competitiveness. The increasingly credible macroeconomic policy regime and improvements in credit fundamentals are improving South Africa's ability to absorb external shocks. Nevertheless, as a small open economy with a continuing, albeit diminished, reliance on commodity exports, it will continue to be sensitive to developments in the global economy.
Fitch cautioned, however, that South Africa 's sovereign ratings remain constrained by still relatively low levels of external liquidity as well as formidable social and structural challenges such as very high unemployment, skills shortages, high crime and the HIV/Aids epidemic. These continue to deter foreign and domestic investment and hinder efforts to raise South Africa's potential growth rate, critical if a sustained and marked improvement in living standards necessary to underpin political and social stability in the long-term is to be realised.
Though Fitch believes that the recent proposals regarding mineral rights are likely to be moderated and made more business friendly, it does highlight that the regulatory and business environment is not settled, while given the current investor climate the Telkom IPO cannot be assured.
The Government is aware of the challenges facing South Africa and is confident that the necessary structural reforms are in place to ensure acceleration in social delivery.
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The National Treasury will issue the South African Reserve Bank with zero coupon bonds to the value of R7 billion on Monday 09 September 2002. These zero coupon bonds are issued as part payment towards the losses on the Gold and Foreign Exchange Contingency Reserve Account (GFECRA) which, in terms of the SARB Act No 90 of 1989, is being managed by the SARB on behalf of the National Treasury.
The zero coupon bonds will all be converted in tranches to fixed income bonds during the 2002/03 fiscal year. This dramatic reduction of the forward losses has been made possible by higher than expected collection of revenue by the South African Revenue Services. It will therefore have a very small impact, if at all, on the National Treasury's funding strategy and debt service costs for 2002/03.
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Finance Minister, Trevor Manuel and Deputy Minister, Mandisi Mpahlwa will host a media briefing to discuss South Africa's participation in the upcoming annual meetings of the IMF and World Bank. Minister Manuel is the Chairperson of the IMF/World Bank Development Committee.
The briefing will also include details of South Africa's participation in the meeting of Commonwealth Ministers of Finance scheduled to take place in London at the end of September 2002.
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Report to the Boards of Governors of the Bank and the Fund by the Honorable Trevor A.
As Chairman of the Development Committee, I am pleased to report to you on the Committee's work during the two meetings held this year.
During the Committee meeting in April we welcomed the important progress achieved in the Monterrey Consensus, which sets out a new partnership compact between developed and developing countries based on mutual responsibility and accountability, to achieve measurable improvements in sustainable growth and poverty reduction.
This new partnership was reaffirmed in Johannesburg earlier this month, and a series of important commitments were made in the areas of water and sanitation, energy, health, agriculture, biodiversity and ecosystem management. These commitments were accompanied by the launch of implementation initiatives.
Under the new partnership developing countries have committed themselves to pursue sound policies and good governance. Developed countries made a commitment to ensure sufficient financing for development. The primary mechanisms for achieving this aim are to increase the level Official Development Assistance (ODA) provided to developing countries and to implement the HIPC initiative. At Monterrey, Heads of State further agreed to consider alternative sources of finance for development.
The Development Committee recognizes that the challenge before us is to make good on our commitments and move forward on implementation. The Bank has embraced the challenge of translating those commitments into tangible results that will lead to an improvement in the living standards of people living at the grassroots level. The Development Committee recognizes the need to increase its focus on performance by ensuring that development results are reviewed through clear and measurable indicators. Progress in this area, as set out in a paper entitled "Better measuring, monitoring and managing for development results," was reviewed by the Committee.
We reaffirmed our strong support for the current work program to harmonize operational policies and procedures of bilateral and multilateral agencies so as to enhance aid effectiveness and efficiency. We committed to further action in streamlining such procedures and requirements.
In April, we emphasised that more attention should be given to the building of institutions and capacities as well as the timing and sequencing of the reform process. We underlined the importance of an enhanced focus on results that can be used by countries in designing and implementing their strategies, and by donors and development agencies in scaling up and allocating their support. In April we endorsed the Education for All (EFA) Fast Track Initiative. We reviewed progress on this initiative yesterday and, in addition, considered the challenges of scaling up activities in two additional areas namely, HIV AIDS/Communicable Diseases, water and sanitation. We have urged the Bank to pursue work in these areas.
We reviewed and welcomed the steady progress that has been made on the HIPC Initiative, and remain committed to its vigorous implementation. The Development Committee fully supports the objective of finding an enduring exit from unsustainable debt for our poorest members. Success of the HIPC Initiative will require full participation and delivery of relief by all affected creditors and adequate and sufficient concessional financing by international financial institutions and the donor community. The financing component of HIPC is critical to its success. We welcome the indication of support to meet the anticipated financing shortfalls in the HIPC Trust Fund estimated to be about $1 billion, and call upon donor countries to make firm pledges as a matter of urgency. It is especially important that the cost of debt relief to IDA is not permitted to compromise IDA's resources, and donors should not count commitments as part of their overall aid budgets. Moreover, it is critical to the financial sustainability of recipient countries that bilateral debt relief does not reduce the debt relief provided under HIPC through recalculation of assistance.
In April the Committee noted that the Comprehensive Development Framework/Poverty Reduction Strategy Paper (CDF/PRSP) approach is increasingly providing a common foundation for implementing the new partnership at the country level. While recognizing that scope for improvement exists, we shared the positive assessment of implementation to date, particularly in enhancing ownership. At our meeting yesterday we reviewed further experience with PRSPs, which confirmed the broad findings of the review earlier this year. The Committee is encouraged by the increased momentum in efforts made by countries to develop and implement their PRSPs.
The Committee welcomes the role performed by the Bank and the Fund in assisting countries to achieve the Millennium Development Goals (MDGs). A central role in that effort is played by the Poverty Reduction Strategy Papers (PRSPS), and other country-owned development programs, and the financial support associated with them, including the Poverty Reduction and Growth Facility (PRGF) and the Poverty Reduction Support Credit (PRSC). We have called on donors and the Bank and the Fund to more fully align the PRGF and the PRSC with countries' PRSPs. It was indicated by the Committee that further collaborative efforts are needed to strengthen the analyses of sources of growth, to help countries improve their public expenditure management systems, and to promote financial sector development. Poverty and social impact analyses should provide a systematic basis for helping countries to assess the impact of their policies.
During our meeting yesterday, we recognized the special challenges faced by Africa in meeting the MDGs. We therefore urged the Bank and the Fund to scale up assistance to African countries and to build on the New Partnership for Africa's Development initiative as a unique opportunity to make significant and quick progress.
The Committee further agreed that improving the coherence of policies, coordination and cooperation between multilateral organizations would provide an important support to the overall effort to improve the effectiveness of aid and reduce poverty. To that end, the Committee agreed that it would review a background document on broadening and strengthening the participation of developing countries in international decision-making and normsetting, to be prepared by the Bank and the Fund at its next meeting.
We reviewed a progress report on anti-money laundering and combating terrorist financing. We endorsed the conditional addition of the FATF 40+8 recommendations to the list of standards and codes useful to the operational work of the Bank and the Fund.
Lastly, as Chairman of the Development Committee I would like to congratulate the Bank and the International Development Association (IDA) Deputies for reaching an agreement on the 13th replenishment of IDA resources.
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Thank you for inviting me here today to address this meeting to discuss mobilising international investment flows.
Many of the lessons of economic development of the past 30 years are painful. Yet African countries have learned the lessons well, not least because our experiences have been learned at home.
Various efforts have been made to launch growth, and many different paradigms have been tried. Not one of them has solved the problem of growth and poverty reduction. And this has led us to realise that nothing that we have done up to now has been sufficient.
The lessons are many. Among them, we have realised that small, weak states are a hindrance to growth, despite what the neo-liberal paradigm tells us. At the same time, we have realised that market liberalisation is critical to expanding economic opportunity for our people, despite what 'dependency' theory used to teach.
There are many other lessons.
But perhaps the most important is that to pull in international investment, we need as African economies, to generate our own investment.
Despite the enormity of aid flows and once-off investments in natural resources for many of our economies, these are necessary but simply insufficient to raise our living standards and growth rates.
Economic growth is impossible without an active, capable and well-governed state and private sector, just as poverty reduction is impossible without growth that benefits more than just a tiny elite.
Focusing on what Africa must do to pull in investment from abroad is critically important, but we must also recognise that we are small and mostly open economies that are subjected to shifts in investor sentiment and economic conditions in the rest of the world.
Although the global recovery is still expected to continue, growth in the second half of 2002 and in 2003 will be weaker than earlier expected - largely due to piecemeal policyThe structural differences in the balance of payments positions of the US and the UK on the one hand, and the European economies and Japan on the other hand, are not conducive to a generalised increase in global growth.
Moreover, there is little evidence of a sustained rise in global investment, largely due to higher risk aversion among investors driven fundamentally by uncertainty about the economic path of the developed industrial economies.
This uncertainty is primarily created by the outlook for the Unites States, where the large current account deficit, poor corporate governance, volatility in equity markets and the medium-term fiscal outlook remain of concern. Germany and Japan do not appear to be providing any optimism to growth prospects.
Developing economies, moreover, have also been negatively affected by the slow-moving contagion arising out of Argentina and now spreading to Brazil and Uruguay. The Fund may have acted quickly enough to prevent a further spreading of Latin America's economic woes. Additional concerns arise from the Middle East, as is presently reflected in higher oil prices.
For developing economies, the current downturn in investment is driven by rising risk aversion. In the absence of changes to risk aversion, it would have been expected that investors would choose to place their money in comparatively higher yielding developing country assets. Unfortunately, this has not been the case, and suggests that in a global downturn, better performance of developing economies is not a safeguard against volatile capital flows and investment.
While it seems prudent to suggest that the actions of the fiscal and monetary authorities, especially in the US and the UK, to the current downturn have been appropriate, it also seems difficult to avoid the concern that our international financial architecture is simply not working well.
As in the case of Africa's development, one is tempted to say that, while great progress has been made in making systemic and institutional efforts to stabilise the global environment, that progress remains insufficient.
Developing countries remain at risk from destabilising capital flows, particularly those caused by changes in macroeconomic variables in developed regions, while developed countries themselves seem unable to boost productivity and growth.
In large part, this global problem stems from our collective unwillingness to recognise financial disequilibria, especially those caused by excessive financial speculation in the Information Communication Technology markets.
The difficulty is that this speculation reaches such proportions that its bursting wreaks havoc on markets and economies across the globe. We do not have the multilateral financial architecture to address them- and that means that high levels of risk aversion and investor uncertainty will remain features of the global environment for some time to come.
Increase the representation of systemically important developing countries in key international forums, including the FSF?
Increase the representation of developing countries in the governance structure of the IMF and Bank by raising the number of and importance of basic votes?
Reform the method of determining quotas to reflect sound policy, progress in policy reform and openness, not just GDP per capita?
Improve the Contingent Credit Line (CCL) to increase the attractiveness and automaticity of the facility?
The establishment of a formalised debt-restructuring framework?
Greater coordination in national macroeconomic policies (cross-regional annual meetings, say G8 + Latin America, G8 + Africa, etc.)?
Better regulation of global financial and capital markets and improved regulation of domestic financial systems through new proposals by the G20 working with the IMF on appropriate capital account policy and supervision of capital inflow?
A critical uncertainty in the present investment climate is when the next corporate scandal will come and in what major company. I noted a few months ago that a major US telecommunications firm had written off $30 billion worth of investment, which is equal to over 12% of all foreign investment in developing countries in 2000.
Corporate malpractice and irrational investment decisions, unfortunately, seem to go together. And while fortunately not endemic to the industrial economies, this corruption has been of sufficiently large scale and pervasive to put in question the probity of corporate governance and behaviour more widely.
Clear reforms, transparency, accountability, and effective implementation must guide the corporate reform effort in all countries. In South Africa, we have initiated a process of reform, beginning with a general acceptance of an independent code of corporate governance (the King Code of Corporate Governance very similar to the outcome of the Cadbury Report in the UK). This was followed by a process of assessing compliance with international standards and codes, including those on corporate governance and auditing & accounting standards. This is being followed by giving legal backing to accounting standards and changing the governance of the accounting and auditing profession.
In some ways, the era of corporate reform and accountability that we are entering has been presaged by developments in Africa. As Africans, we have recognized, as I mentioned earlier, that sound economic governance must be a cornerstone for mobilizing domestic and cross-border investment.
The Capital Flows initiative of NEPAD is intended to provide opportunities for African economies to benefit from improved economic governance by setting up clear instruments for drawing-in higher levels of investment.
I want to just mention four parts of the Capital Flows Initiative that are intended to assist in drawing-in capital by strengthening the investment environment in developing countries.
The NEPAD Debt Initiative, which will provide greater debt relief to countries linked to the Poverty Reduction Strategy Papers and HIPC Initiative. This will free-up fiscal resources for developing countries, thereby enabling them to more quickly and effectively build human and physical capital through greater social, education and infrastructure spending.
Second, the ODA Reform Initiative, which will help in the process of harmonising the activities of donors and multilateral institutions, and make their financial assistance more effective. Lessons learned from country experiences will be generalised through a PRSP Learning Group and other NEPAD forums.
undertake audits of legislation and regulation, which will form the basis of reforms to reduce at source the regulatory and political risks associated with doing business in Africa?
act on recommendations to mitigate risks associated with doing business in Afric?
take steps to achieving the long-term goal of an African derivatives marke?
enter into a NEPAD initiative to enhance the capacity of countries to establish public private partnerships (PPPs?
establish a NEPAD Financial Market Integration Task Force, that will serve to fast-track financial market integratio?
While NEPAD represents a major step forward in terms of improving conditions for investment and growth in Africa, I believe that it is only fair to recognise that Africa has already made great strides in this area. Most of this progress has gone unnoticed by the international investment community, which tends to focus on the negatives.
For example, while many countries remain too vulnerable to price shocks, such as those currently hitting coffee and cotton, GDP growth is projected to pick up to 4.2% in 2003. In Sub-Saharan Africa, from 1994 to 2000, growth averaged 3.2%, the same average rate of growth as in the advanced economies.
Moreover, since the mid-1990s, macroeconomic stability has improved, with CPI inflation expected to fall to single digit levels in 2002, largely due to much-improved fiscal performance.
This improved economic performance reflects a long series of reforms instituted by African countries over the 1990s, including tariff reform, exchange rate management, public expenditure, governance, tax collection. Nonetheless, we cannot ignore the reality that there is much farther to go, and a number of very serious challenges facing us.
Sustained poverty reduction will require turning around low investment and savings, and the impact of conflicts and disease, weak institutions and infrastructure, poor governance, and low life expectancy.
Over the course of the 1990s, investment to developing countries has risen alongside the general trend of rising flows of funds away from traditional savings vehicles to equities. Net private capital flows to developing countries reached $230 billion in 2000, but 90% of this went to a few middle-income emerging markets, such as China.
The Commonwealth Business Council points out that by 1999, FDI flows into the 49 Least Developed Countries account for 11% of total investment.
Clearly, the current global economic environment is not favourable for major increases in investment flows to developing countries in the absence of a decline in investors' risk aversion.
This is especially regrettable since the investment opportunities in many developing countries are exceptional.
The Commonwealth Business Council has made a variety of thought-provoking suggestions on how to increase investment in developing countries.
While these proposals would go some way in inducing greater investment, I remain concerned that in the absence of broader changes to the international financial and developmental architectures, they will have only marginal effects.
In part, the marginal impact is due to the fact that some of the proposals ask developing countries to provide guarantees that they can ill afford. In my view, this serves to reinforce, not resolve, the critique of private investment, which is that it is 'cowardly,' fearing to tread where risk may be high. Of course, where risk is high, so is return, and clearly the farsighted investor will reap the rewards of such investments.
I do not mean by this to shoot myself in the foot, but only to urge the Commonwealth Business Forum and the private sector more broadly to lobby developed country governments to live up to the commitments that they have made to improve the international economic environment. These commitments would raise the potential growth rate of developing countries far more than marginal investment incentives.
Ensuring that the HIPC Trust Fund is fully funded, and that provision is made for topping-up when exogenous shocks impact on countries' debt sustainability.
Pushing developed countries to meet their ODA commitments of 0.7% of GNP as rapidly as possible.
And, placing special emphasis on developed country governments to reduce tariff and non-tariff barriers on exports from developed countries, especially on agriculture and textiles.
It is about time that we change the global mindset that it is ok for developed economies to spend $350 billion a year on agricultural subsidies while total education spending in developing countries only amounts to $250 billion a year.
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Welcome to South Africa.
It is my great privilege today to open the 2002 Annual Meeting of the Economic Commission for Africa here in Johannesburg.
We meet at a particularly critical point in time for the future development of the African continent. The major regional economies of our world, North America, Europe and Japan, face economic difficulties not encountered since the early 1930s. The economies of Latin America are caught in the wake of Argentina's crisis and its cascading effects through the region. International investors are frozen by uncertainty and heightened levels of risk aversion.
The big question is the possible war against Iraq and its impact on global economic prospects.
Not all is gloom, however. East Asia's economies have successfully weathered the financial crisis of 1998, registering strong improvements over the last few years in growth rates and current account sustainability. More importantly for us gathered here, Africa has embarked on a multi-tiered process of economic renaissance. The establishment of the African Union and the elaboration of the New Partnership for Africa's Development reflect a new level of commitment to realising our ambitions to bring our continent into a new age of peace, security, stability, economic growth, development and prosperity.
We gather here as one of many steps to transforming that ambition into reality.
In some ways, we do not realise how close we are to launching ourselves into a new period of economic growth and prosperity. Over the last 10 years, we have made great strides in setting the stage for growth, through regional integration, macroeconomic stabilisation, improving our trade policies, and attracting more foreign capital. Moreover, we are making significant progress in eliminating the scourge of civil war that has afflicted some of our countries. Furthermore, the continent is making great strides in entrenching the culture of democracy, free and fair elections and respect for human rights.
Economic growth in Africa is expected to average 3.1% this year and 4.2% next year. This is more than twice the average growth we achieved from 1984 to 1993, and marginally higher than the average for all developing countries.
Macroeconomic stability is being consolidated, with average consumer price inflation rising by about 9.7% in 2002, down from 13.2% in 2001, and 54.6% in 1994. Underpinning these improving inflation figures are our fiscal balances, which have declined from -5.2% of GDP in 1994 on average to -2.1% in 2001.
There are many other successes to recount at the macroeconomic level, but these meetings are not meant to be an opportunity to congratulate ourselves too much. Instead, we meet to discuss practical implementation issues how do we deliver NEPAD?
These are not abstract deliberations, because lying behind the question of how to take NEPAD forward are questions such as how to take our macroeconomic gains down to the farmers in our rural villages and to the shopkeepers and hawkers in our cities and, how to ensure that mothers can raise healthy children that can take advantage of well-run schools. In other words, implementing NEPAD is about helping us to meet our macroeconomic and microeconomic challenges.
Over the last two years we have seen a number of international meetings such as the Millenium Summit that produced the Millenium Development Goals, the Monterrey Consensus, World Summit on Sustainable Development, and the Brussels Plan of Action for Least Developed Countries all of which embody the notion of partnership, which has been elaborated to address the serious challenges in the international financial architecture, poverty reduction and development facing the global community.
Forums such as the Annual meetings of the Fund and Bank are critical opportunities for us to push our more developed partners into living up to the agreements reached and commitments made in Monterrey, Johannesburg and Doha. Forums such as this one provide the opportunity for us as African Finance Ministers and Deputies to make good on our end of the partnership not because anybody say so, to show leadership in identifying and resolving the serious challenges confronting us. A number of those challenges confront us now.
An immediate challenge is to ensure that African countries prioritise actions agreed by Heads of State and which are detailed in the NEPAD documents. Prioritisation is not in itself always easy, not least because it means that we must develop the necessary human capital and devote it to institution-building, policy formulation and implementation.
We are fortunate, to have the able and dynamic assistance of the Economic Commission for Africa and the broader UN system to help us to achieve our aims in this regard. But it seems important to remember that achieving real ownership by Africans and developing our capacity means committing ourselves to specific outcomes.
Commit ourselves, alongside the ECA, to a set of activities to be undertaken within NEPAD, with a focus on implementation and, where necessary, efforts to increase capacity-building.
Identify overlapping agendas with regard to the various Programmes of Action and make suggestions on preparation/implementation/evaluation efforts so as to avoid duplication.
Review, comment on, and confirm the content of the economic and corporate governance features of the APRM (African Peer Review Mechanism), focusing in particular on the use of the international standards and codes.
Examine the implications and modalities of interaction between the APRM and the efforts of African countries to achieve the MDGs, including the PRSPs, the HIPC Initiative and the ROSCs.
Make a statement on the modalities of monitoring and evaluating country performance in the APRM.
Part of our meeting here, moreover, is to discuss and ratify a number of statutory issues regarding the operations of the Commission.
In our deliberations on these matters, it would be helpful, I believe, if we could consider how the statutory issues lend themselves to developing the ECA into an institution best aligned to support African countries in achieving the technical and capacity-building aims elaborated in NEPAD. A number of areas of capacity-building stand out, including public expenditure management, domestic resource mobilization and revenue-generation, and assessing the impact of our social policies.
Capacity-building should also play a critical role in ending the marginalisation of many of our countries. For that reason, and others, it is important that we move forward in these meetings on approving the Brussels Programme of Action on the LDCs.
The Annual Meetings of the Fund and Bank held less than a month ago made significant progress on the commitments made by developed countries to improve the effectiveness of bilateral aid, to renew efforts to meet development finance commitments, and to ensure that the Highly Indebted Poor Country Initiative is fully funded.
Each of these areas is critically important, as we all know, to creating the right conditions for growth, development and sustained poverty reduction in our countries.
The external environment in which we operate, however, is not fully under our control. Some might argue that we in fact have little influence over it. This latter view is only correct, however, insofar as we deny a reciprocal relationship between what we do in our national economies and what happens in the rest of the world. I would like to suggest, rather, that to change the world, to increase our influence in it, requires that we take up the challenge of African Renaissance to reform our economies in the interests of good economic governance, market expansion, and poverty reduction. Not only do the immediate benefits directly accrue to our people, but the positive externalities will make subsequent reforms easier to undertake.
In sum, as African Finance Ministers and Deputies, we must realize that the economic prosperity and welfare of our people depend on us breathing life into the notions of 'partnership' and 'ownership.'
At this very venue was framed the Johannesburg Plan of Action for Sustainable Development. I would thus hope and wish that our deliberations will be as successful. The WSSD brought into sharp relief the issues of development for our people here in South Africa and elsewhere. We saw massive campaigning and mobilisation around issues of development by our own people and by a range of political, social economic and civil forces from around the continent and the rest of the world.
As a country we are dealing with the many facets and challenges of development for which the active participation of the whole society is required. Part of the challenge is to recognise that there will always be differing views to the best path for development.
The space must exist for alternative views to be freely expressed without fear. In South Africa we strenuously defend the right to meet, organise and speak freely.
Welcome to Johannesburg.
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It is my great pleasure to be able to convene the first meeting of the Money Laundering Advisory Council. The formation of the Council represents another important step in the creation of an anti-money laundering regime in South Africa. I also want to thank all of you who have been invited to serve on it for your commitment and support.
The Financial Intelligence Centre Act (Act 38 of 2001) which was enacted earlier this year creates two distinct institutions the Financial Intelligence Centre, which will deal with the day-to-day job of capturing data on suspicious transactions and feeding these through to law enforcement agencies; and the Money Laundering Advisory Council which will provide me, as the Minister responsible, with advice on the environment and context within which the Centre works.
The Council brings together different stakeholders from across the public and private sectors. All the Government departments involved, the 9 different supervisory bodies which oversee the range of institutions which are accountable under the Act, the representative bodies of these institutions, and certain individuals with particular expertise, will be able to make a substantial contribution to our efforts. This is a collective and combined effort. It is a new partnership which is being formed. The formation of the Council creates a further opportunity to enable us to better manage our country's financial resources -and sends out a strong message that crime does not pay in our country.
All of this happens in the context in which people should be encouraged to go about the business of investing their savings and funds - into banks or any other institution. Fund managers must be free to invest this money as they see fit and in ways which they believe will bring the greatest returns. Investment is an important component of encouraging growth in the economy. However, there are also certain obligations which go with this right. These obligations require that those responsible for managing the system also comply with accepted standards, such as those of the Financial Action Task Force and the Basel Committee. These standards are becoming increasingly global in their scale and scope. We need to accept these, adapt them to our circumstances, and work with, or we will find that they are imposed on us.
Globalisation is a fact, and at the leading edge of this process is the financial services industry. The global market and financial system can hold out the promise of significant benefits to all. However, there is also a considerable increase in the risk of misuse and of contamination. This is one of the hazards of globalisation. The embrace of standards and their implementation to prevent misuse and contamination of the system is therefore very important.
The Financial Intelligence Centre Act complements the Prevention of Organised Crime Act and the new anti-terror legislation which is presently being discussed by Government. It operates in the space between the financial system and law enforcement. Already there is a close relationship being built through common training and capacity-building programmes. The intention is that the Centre should receive reports which indicate possible misuse of the financial systems and thereby assist law enforcement agencies which are solely responsible for all investigations.
The Money Laundering Advisory Council's responsibility will be to reflect on the policy framework within which the Centre will operate. The Council needs to take into account the international and the national contexts in doing so. It needs to understand the financial systems issues, the pertinent legislative and compliance issues, as well as law enforcement issues. And importantly, as individuals you will be required to do this while going beyond any narrow, partisan interests to seek that which is for the national good.
The objective of this Council must be to ensure that the country's anti-money laundering policies and enforcement capacity does not create any space for money laundering. If we allow such space to open up, then we undermine our own efforts at creating conditions for sustainable growth. In the past there have been some countries which have allowed banking and other financial activities to take place with no questions asked. This is not something we will tolerate. There have also been some other blips in this ocean, small islands mainly, which have sought to attract investment through becoming tax havens. They too have not survived as viable sustainable economies.
Government in South Africa starts from a basic objective of seeking conditions for sustainable growth. We are laying the frameworks and the systems which will enable this to happen. The Government and the private sector are not at war with one another on this. It is the abusers of the systems who will be identified and dealt with appropriately. We need demonstrations and examples of this approach. The Council has the potential to be an excellent example of the public and private sectors working together around a common objective.
We understand too that it does not help only to put money control measures in place within our own borders. This has to be a joint effort between countries. If we want growth and development in this region, indeed throughout the continent, then we should seek opportunities to support others in their efforts to take similar measures. But more importantly, even, growth will find further expression through the development of the African Union and through the Nepad initiative.
I have tried to create an image something akin to a mosaic. The different parts only make sense when they are all brought together. I believe the Council has a responsibility of bringing together all the different pieces which go to make up a coherent anti-money laundering strategy, and making sense of it, so that we can all see the big picture.
Government is dependent on the advice it receives. Therefore, as Minister, I take the role of the Money Laundering Advisory Council and the advice you will give me very seriously.
You all have before you copies of the draft proposed Regulations to the Financial Intelligence Centre Act, as well as proposed Exemptions to it. The Regulations give teeth to the Act. Today I refer these to you for your consideration and comment, whereupon I shall be in a position to present them to Parliament for ratification.
The draft regulations are the result of a process of extensive consultation with all relevant stakeholders.
The manner in which suspicious and unusual transactions will have to be reported to the Centre.
Examples of such steps contained in the draft are that institutions will be required to request a person's name, date of birth, identity number, income tax registration number (if such a number has been issued) and residential address before they may transact or carry out any business with clients.
The proposed exemptions to the Act will exempt certain institutions from compliance with the provisions of the Act and regulations pertaining to the identification of clients and associated obligations to keep records and implement internal rules. These exemptions will be made in respect of certain areas of business of certain institutions in order to encourage legitimate commercial business. This will allow the areas of business where the risk of abuse for money laundering purposes are relatively low, to be left out of the application of various obligations of the Act.
Final drafts of the Regulations and Exemptions will be tables after your comments are taken into account. These drafts will then be tabled in Parliament for ratification and soon thereafter will be published in the Gazette. It is my wish that the regulations and exemptions can commence during quarter one of 2003. I am hoping to be able to publish them before the end of the year to give institutions sufficient time to conduct training and make the changes needed to enable them to start reporting.
I am going to ask Mr Murray Michell to provide you with a brief overview of the draft proposed Regulations. Then I am going to leave you so that you may work out a modus operandi for the Council to consider and comment on the Regulations. I have only one extra plea - and that is that your comments are returned to me so that I am able to present these to Parliament for ratification before Parliament rises at the end of this year.
The Council will meet regularly - although how often is not prescribed. I am sure that issues will arise and these will partly determine this. I am also sure you will need to consider forming working committees from time to time to streamline and focus your work.
Without being prescriptive I ask that all nominees who attend the Council are given the authority to represent the Department's views, report back and take the work of the Council forward.
I wish you well in your future proceedings and for tackling the huge challenges ahead.
I thank you for your commitment.
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It gives me great pleasure to welcome you to this topical conference and to share with you some of the more pertinent lessons of the South African tax reform experience.
In discussing the ongoing massive tax reform agenda of South Africa, one needs to structure somewhat this extensive technical topic as there is the risk of getting lost in the detail. Firstly, I intend to focus on the role taxes have played in the Government's successful fiscal stabilization programme. Here I will primarily concentrate on the progress we have made in reducing the deficit before borrowing and the declining public sector borrowing requirement.
Then I would like to identify two prominent phases of tax reform. Firstly, I need to highlight the huge contributions of the Katz Commission's policy review and its implementation period from 1994 to 1999. This overview will be followed by a discussion of the post-2000 tax reform phase, which is characterized by a rapid improvement of administrative capacity in the South African Revenue Service and the implementation of two massive structural adjustments to this country's income tax system. This period coincides with a quantum leap in tax policy analysis and design capacity in the National Treasury. Thereafter I will briefly discuss the adjustments to the indirect tax system, which were less dramatic as South Africa was on track as far as this is concerned - the country introduced in 1991 a standard rate VAT system and an internationally competitive excise tax regime.
The central challenge facing the Government that took office in April 1994 was to build a modern, vibrant economy that could assume its rightful place in the global economic community, while addressing the massive backlogs in access to vital social and economic services, which was manifest in the extreme inequality of income and wealth.
The policy priorities during this period focused on restructuring government expenditure towards social services that would contribute to a better life for all South Africans and putting in place a macroeconomic framework conducive to investment and economic growth. Given the constraints facing Government, remarkable success in respect of sustainable macro-economic and fiscal balances has been achieved in this relatively short time period.
Clearly, the new Government had to strategically maximise the revenue-raising instruments at its disposal in order to address the huge backlogs in social and infrastructure service provision to the previously disadvantaged communities.
"Taxes, after all, are the dues that we pay for the privileges of membership in an organized society".
The extensive programme of prudent fiscal management and budget reform have succeeded in creating a sound fiscal position and macro economic stability. We are now able to comfortably support an expansionary fiscal stance as set out in the 2002 Budget, which is characterized by strong expenditure growth and continued tax relief in the face of adverse global conditions.
The deficit before borrowing was systematically reduced from 4,5 per cent of GDP to an estimated 2,2 per cent for 2003/04?
Fiscal prudence has provided scope for declining debt service costs, to a present 4,1 per cent of GDP, declining further in the 2003 MTEF period. This allows for higher levels of spending without the imposition of a higher tax burden?
Stabilisation of the tax burden at approximately 25 per cent of GDP. A decline in government consumption expenditure as a percentage of GDP, from 20 per cent in the mid-1990s to 18 per cent in 2001. A sharp decline in general government dissavings from 4,7 per cent of GDP in 1997 to 0,5 per cent in 2001?
Let me briefly review the important work of the Katz Commission and some of the key tax reform initiatives that were introduced between 1994 and 1999. The Commission was announced on 22 June 1994. The mandate given to the Katz Commission was very broad. It was to investigate virtually every aspect of the South African tax regime inherited from the previous government against the backdrop of the political, social and economic goals of the incumbent government. These includes aspects such as: Personal income tax with special reference to the gender issue, the tax base, tax thresholds, income brackets, tax rates, progressivity and fiscal drag. The impact of the tax system on the position of small and medium enterprises. VAT with special reference to the advisability and effectiveness of zero-rating or exemption of certain foodstuffs and other goods and services, and multiple differential rates of VAT. Tax exemption for charitable, religious and educational institutions?
Between its inception in 1994 and 1999, the Katz Commission had issued nine interim reports, providing a solid foundation on which to build subsequent tax reform efforts.
Looking back to this period of intense tax review, it is in fact remarkable how many of the Commission's recommendations have been implemented over a relatively short period of time.
Firstly, there were wide-ranging institutional changes made to ensure the tax laws were administered effectively. Secondly, there were policy changes to the tax regime?
The ability of Government to design and implement a tax system hinges on the capacity of the Revenue authorities to administer the taxes. Any shortcomings in the administration of tax legislation and the collection of revenue will impinge on the integrity of the tax system and any reform programme.
The first steps in the reform of the tax administration took place on 18 October 1995 when Cabinet approved the restructuring of the Inland Revenue and Customs and Excise Directorates in the Department of Finance (now the National Treasury) into an autonomous revenue collection agency, known as the South African Revenue Service (SARS). These changes put SARS in a strong position to obtain its key objectives of collecting all national taxes, duties and levies, by attracting and retaining competent people, utilising modern information technology and adopting efficiency-enhancing organisational structures and incentive schemes.
SARS has introduced many specific measures to improve the efficiency of tax collection and taxpayer mores in South Africa, thereby reducing the tax gap. Within the organisation, initiatives to improve staff quality and commitment have included introducing new organisational structures and human resource management practices. SARS has also increased its capacity to audit, inves tigate and prosecute suspected tax offenders.
I can state here emphatically today that the Commission's recommendation on an autonomous SARS will be remembered as the Commission's most visionary contribution to the fiscal stabilization effort.
While the period 1994 - 1999 can best be characterised as a period of fiscal and macroeconomic consolidation, there were certain tax policy changes and policy announcements that provide reference points for future reform in the post 2000 tax reform era. During the first tax reform period significant advances were made in implementing reforms that improved the personal income tax, the corporate tax (including the secondary tax on companies), the tax on retirement funds and the various indirect taxes.
42.6 percent in 1999/00 and after the huge personal income tax relief of the 2002 Budget this ratio has declined to 35,8 per cent in 2002. It is therefore clear that any policy changes to this revenue instrument will exert profound influences on the overall tax system.
Income tax relief for the period 1994-2002 was close to R50 billion. The number of brackets have been reduced from ten to six; the child rebate was removed to reduce fraud, but the primary rebate was increased annually. Moreover, there were continuous efforts to compensate for inflation by adjusting the tax brackets and the tax thresholds.
Real tax relief has been provided to low- and medium-income taxpayers. The tax treatment of many fringe benefits has also been reformed to ensure more consistent treatment between cash remuneration and non-cash compensation. Despite these changes, the structure of the income tax brackets, the marginal rates applied and the rebate system ensures that the present income tax system is very progressive.
In 1999 company taxes, excluding the secondary tax on companies and taxation of mining companies, contribute about 10 per cent of total tax revenue. This has increased to 16,8 per cent in 2001/02.
It is imperative that the tax regime is supportive of private investment. The most important tax changes in the past five years have attempted to create a tax environment that is internationally competitive, encourages investment and fosters economic growth.
Firstly, a reduction of the rate of secondary tax on companies in 1996 fro?
Secondly, a reduction in the standard corporate tax rate to 30 percent fro?
35 percent) in 1999. These changes have reduced the combined tax rate (for non-mining companies) to 38,7 percent from 48 per cent that it was before 1996.
These changes are consistent with Government's approach to encouraging investment through a low standard rate of corporate tax, rather than selective tax incentives, which erode the tax base, distort investment choices and compromise the equity of the tax system.
Since 2000 the National Treasury stepped up the pace of fundamental income tax reforms with the distinct purpose of aggressively broadening the tax base, thereby affording significant rate reduction in line with international trends. We were able to advance this agenda more boldly through the introduction of technically complex tax provisions because the SARS had enhanced its skills base materially.
In this connection one can identify a three-pronged base-broadening strategy.
As stated above, Government has been strongly committed to broadening the base in order to lower overall rates. This broadening of the tax base could only be achieved through major tax reforms. The most notable of these structural reforms was the introduction of the Capital Gains Tax in 2001.
The Capital Gains Tax was essential for the base broadening effort because the exemption for capital gains essentially meant that the appreciation on all investment assets went wholly untaxed. While some argue that the receipts of the tax in and of itself are small, proponents of such arguments fail to recognise that the Capital Gains Tax serves as a backstop to the Income Tax. Tax planners have previously been engaged in the artificial re-characterisation of ordinary revenue into capital gains for far to long. Thus, taxation of capital gains ultimately puts the floor under receipts from ordinary revenue.
Fairness and economic efficiency Capital profits are economic profits just like ordinary revenue. Both represent a full accretion to net wealth. In other words, taxpayers should bear similar tax burdens regardless of the form of wealth creation. Investors who earn share gains should be subject to tax to the same extent as salaried employees earning wages. CGT also is important as a matter of perception as international evidence suggests that capital gains most often arise in the hands of the wealthy.
The introduction of CGT was fully consistent with international practice. Most OECD countries tax capital gains in full (as ordinary revenue) or in part. Many developing countries employ a CGT regime, including Brazil, Chile, Malaysia, and Thailand to name a few. While some opponents of CGT have argued that "there is a trend away from CGT internationally," full research indicates that no such trend exists.
Government was also careful to ensure that the CGT regime introduced was fully competitive internationally. Corporate rates are set at 15 per cent (only half the ordinary rate), and individual rates are on a graduated scale to a maximum of 10 per cent (only one-fourth of the individual ordinary rate). Individuals also receive a R10 000 annual exemption (plus a R50 000 exemption on death). Lastly, the CGT regime introduced contains many of the exemptions found internationally, such as the primary residence exemption, exemptions for transfers between spouses, and exemption for involuntary disposals.
Prior to 1994, South Africa was isolated internationally mirrored by its tax regime. A strict regime of Exchange Controls existed, affording South Africans little opportunity to invest abroad. As a result, South Africa only needed to tax income arising within its geographical boundaries.
In 2001, South Africa began taxing its residents on a worldwide basis. South African individuals and companies are now taxed on foreign source income as a general matter. This taxation of foreign source income reflects the new reality - that South African businesses are becoming global players with the relaxation of Exchange Controls. Taxation of foreign source income fully reflects international experience.
South African individuals and companies are subject to the full weight of South African taxation; otherwise, these individuals and companies would have an artificial incentive to operate abroad. This artificial incentive to invest abroad creates balance of payments concerns as well as equity concerns. Similarly, it could provide opportunities for tax avoidance, such as the "round-tripping" schemes formerly used by certain financial institutions. Under these schemes, taxpayers would obtain an artificial deduction by shifting funds offshore to a special purpose vehicle, only to bring back those funds onshore tax-free.
Income arising from South African owned foreign subsidiaries are now also within the South African tax net. However, taxation of foreign subsidiary income represents a more complex balancing act. On the one hand, the tax system cannot wholly ignore such subsidiaries because South African individuals and companies could simply avoid worldwide taxation by investment through wholly owned foreign subsidiaries. On the other hand, full taxation of South African owned foreign subsidiaries raises competitiveness concerns. South African owned foreign subsidiaries cannot be expected to compete if subject to a higher taxes than their locally owned rivals.
In order to balance these concerns - and this is important -taxation of South African owned foreign subsidiaries follows a balanced course - again reflecting international best practice.
Passive income (e.g., interest and dividends) as well as diversionary income (i.e., income diverted offshore through various avoidance schemes) are fully subject to tax as that income is earned by a South African owned foreign subsidiary. However, these forms of income can be repatriated back to South African free of tax.
Active business income (e.g., income from sales, manufacturing) is exempt from tax when that income is earned by a South African owned foreign subsidiary. However, that income is fully subject to tax upon repatriation.
The last mechanism for achieving a broader tax base was the removal of tax schemes commonly employed by individuals. The use of "tax free" fringe benefits to structure remuneration packages had become prevalent in the 1990s, resulting in a substantial loss in revenue. In order to stop this tendency, fringe benefits became taxable in full. Directors of private companies were brought into the PAYE tax collection system because many directors simply operate like any other employee. Since some directors often disguise their salaries through loans, a formula was introduced in order to determine PAYE in respect of their remuneration?
In the current budget, major changes were made with regard to the deduction of expenses for salaried employees because normal salaried employees have few expenses that relate to the production of their employment income. In order to alleviate the administrative burdens for both SARS and the taxpayers with regard to the expenses which were often abused (such as the entertainment allowance), salaried employee deductions became limited to certain widely used categories.
Special relief for corporate reorganisations dates back many years. Most notably, a tax-free regime was introduced for unbundlings and rationalisations in 1993 and 1994. Both regimes provided relief from the Secondary Tax on Companies, stamps duties, and other indirect taxes. The purpose of these regimes was to allow companies to flatten their structures, many of which had become convoluted in order to avoid many of the political problems associated with the pre-1994 political regime.
Government found it necessary to wholly revise the tax system for company reorganisations when enacting CGT because CGT would otherwise become an allencompassing/cascading tax event. Under this new regime, taxpayers receive comprehensive tax relief (including relief from CGT) whenever embarking on a corporate reorganisation. This tax relief ensures that the South African tax system remains competitive with other international tax systems offering similar relief. Company reorganisations are a vital part of the economy because they promote more efficient business structures.
Aforesaid relief, however, was somewhat limited due to the complexity involved and concerns that company reorganisations could be used for unintended tax avoidance. A case in point is that the initial reorganisation regime did not provide relief for financial institutions due to the ongoing banking review. After extensive review, relief for company reorganisations was expanded as part of the Revenue Laws Amendment Bill, currently pending before Parliament. In terms of greater significance, the exclusion for banks and financial institutions was removed. The banking review revealed that the low effective rate stems largely from other concerns, such as preferred share and lease stripping schemes, and derivatives.
Since 1994, Government has taken steps to move away from harmful tax practices (whereby a country attracts foreign investment by offering tax holidays and other "ring-fenced" incentives not available to local companies). South Africa instead seeks to incentivise local investment by using more effective and internationally acceptable means.
With the abolition of the harmful tax practices, Government has adopted a more effective and internationally acceptable approach to stimulating the economy. These incentives largely involve accelerated depreciation for qualifying manufacturing assets. These regimes are fully available to local and foreign investors and generally do not require the administratively burdensome process of advanced approval.
First and foremost, an accelerated depreciation allowance was introduced for plant and machinery employed for manufacturing and similar processes. The new regime allows for a 40 per cent deduction up-front with a 20 per cent deduction for the following three years, regardless of the item's actual useful life.
Government.
A 10 per cent annual depreciation allowance for new oil and gas pipelines A 5 per cent depreciation allowance for railway lines, electricity and telephone transmission lines A 5 per cent depreciation allowance for airport infrastructure (hangers and runways)?
Small and medium enterprises have an important role in economic development and employment creation. Government remains committed to a tax reform programme that contributes materially to investment and job creation. Small business development is a key element of Government's strategy for economic growth.
A graduated corporate tax rate of 15% on the first R150 000 of taxable income for "small qualifying businesses" with a gross income of R 3 million or less; an?
A 100 per cent accelerated depreciation deduction for plant and machinery employed by "small qualifying businesses" to the extent that plant and machinery was used for manufacturing and similar processes?
Public Benefit Organisations (PBOs) play a vital role in poverty eradication as well as social and economic development for our country. In 2000, Government began a long-term process for achieving a more coherent tax environment for PBOs.
Government has since released a long list of public benefit activities that are eligible for exemption as well as a separate list for PBOs eligible to receive tax deductible donations. The current list of public benefit activities eligible for exemption was widely accepted by the PBO sector as a first step towards assisting PBOs in becoming financially sustainable. No doubt exists that further work will continue in this area, especially in regard to extending the list of PBO's eligible for receiving tax deductible donations.
The Value-added Tax (VAT) was introduced in 1991 to replace the General Sales Tax and at a standard rate of 14 per cent. The VAT is levied on a very broad base. Certain education and health services, financial services, and services of nongovernmental organisations were also exempt. Furthermore, certain commodities consumed mainly by low-income households were "zero-rated".
In 1996, pursuant to the Katz Commission recommendations, the definition of the VAT base was extended to include all fee-based financial services, except for premiums on life policies, contributions to pension, provident, retirement annuity and medical aid funds.
Excise duties are levied either on a specific basis (i.e. as a fixed amount on units of a commodity consumed) or on an ad valorem basis (i.e. as a percentage of the value of a product's selling price). Specific excise duties are applied in respect of tobacco, alcoholic and non-alcoholic beverages and the fuel levy. Ad valorem excises are imposed on so-called "luxury goods".
In 1996, a policy decision was taken that excise duties and VAT on tobacco products should jointly impose a 50 per cent tax burden of the retail price of the commodity. Since then, subsequent excise duty increases have ensured that this policy decision has been implemented consistently.
In South Africa increases in excise rates are, however, limited by the incentive for smuggling that would be created if South Africa's excise rates diverge too much from those imposed in neighbouring countries. Excise taxes on alcoholic beverages are levied on the alcohol content of the beverage, with high-alcohol products being taxed relatively more heavily than low-alcohol products. The excise duty on soft drinks was abolished in February 2002.
During the first term of Government, the focus was primarily on putting in place a policy framework that would contribute to the overall objectives of fostering economic growth in the medium and long term, while at the same time addressing the backlogs in access to basic public services. In this context, the focus was understandably on establishing a sound macroeconomic environment and reprioritising government expenditure toward providing public services contributing to a meaningful improvement in the lives of all South Africans.
The Government appointed the Katz Commission in 1994 to review various aspects of the tax system. The Commission faced the difficult task of recommending immediate reforms that should be introduced in the 1995 Budget, while establishing a framework for medium and long-term tax reform. Recommendations reforming the administrative machinery dominated the early work of the Commission and was an important consideration throughout the Commission's reports. The first interim report also set out the guiding principles of tax reform that should underpin all proposals to restructure the tax regime.
Over the total tax reform period of 1994 to 2002, many changes have been implemented. Consequently, structural base-broadening reforms were introduced and subsequent revenue buoyancy gave Government finally the fiscal space for major tax relief. In addition, strong revenue performance supported other key policy initiatives of Government's fiscal stabilization programme.
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Future: History, Memory and Human Progress Conference Rotunda, Bay Hotel, Camps Bay, Cape Town Wednesday 02 October 2002 By Trevor A.
A Finance Minister is a curious choice to speak to you. Partly because I work in a place populated by economists. Economists, as you know, hate being reminded of History, especially the history of their forecasts and pronouncements. For example in 1929, the Harvard Economic Society reassured its subscribers days after the crash that 'a severe depression is outside the range of probability'. (I can't help thinking déjà vu).
But then, we've thankfully been shaped by our experiences other than that of Economic Historians.
Part of our learning is from questioning.
The young Alexander conquered India - was he alone?
Caesar beat the Gauls- did he not have even a cook with him?
Philip of Spain wept when his armada went down - was he the only one to weep?
Frederick II won the Seven Year war - who else won it?
Every page a victory.
Who cooked the feast for victories?
Every ten years a great man.
Who paid the bill?
So many reports.
So many questions.
The writing, the reading, the learning and the teaching of history is surely about asking and answering the same questions as Brecht poses.
(a tiny one, a fine strand in the history of South Africa) which has defined me - my upbringing, education, political activity and associations.
Let's start drawing this thread.
Welsh who deals with the first Afrikaners in his book, 'A Short History of South Africa'.
'Van der Stel should certainly be regarded as one of the founding fathers of Afrikanerdom, the first famous 'Afrikaner'. Holland was not, as it happened, van der Stel's homeland. He had been born in Mauritius, of Dutch and Indian stock his maternal grandmother was one Monica, of Coromandel, and van der Stel was therefore what would have been classified as 'Coloured' and as such banned from any office and even denied the vote.
Bang! The Herrenvolk theory destroyed 1679! How much longer did it hang on?
Draw this same thread further through Ian Goldin's book entitled, 'Making Race- where he describes that by 1880 there was no definition of Coloured. The colonial rulers who'd been influenced by debates around Social Darwinism in Europe, used this same logic and found an instrument for divide and rule. So, in order to counter resistance in the Eastern Cape, Zululand and in the emerging proletariat here in Cape Town created a new category, stealthily between one census and the next. Thus, a new category, a new race, if you wish was born.
Now, against that backdrop we can interrogate the complete destruction of Nama language, culture and land rights.
much of it a history of resistance.
We can continue along this path and track the same strand differently through Wilmot James' and Mary Simons', "The Angry Divide".
Track it through the "Eiselen-de Vos-Malan Line" which defined the Eastern boundary of the coloured labour preference area.
And then we can start to unravel some present-day trends.
Might this explain the politics of the Western Cape?
Be alive to the fact the apartheid regime had profound difficulty in defining this "race group" in the Population Registration Act - it was essentially the non-descript remainder. Why does this social construct linger?
A letter in the Cape Times this morning draws parallels between the eerie silence at "Ground Zero" where the World Trade Centre stood and the scars where District 6 once stood.
The story is not of race, but of domination. A domination constructed around the fiction of a race group, the fiction was supported by the most profound system of social manipulation.
The fiction collapsed with the arrival of democracy. Or did it?
"So many reports, so many questions."
Perhaps more importantly, we should pause to explore so many aspects of the economy - ownership, skills and control.
What of this tiny thread do we need to communicate What will shape our collective understanding How will this contribute to nationbuilding How does it weigh against other similar threads What is worth learning?
"So many reports. So many questions."
This is a phenomenally important task. It is a profound tragedy that 8 years on, we have still not tackled this head-on. Our leaders have agreed at the United Nations Millennium Summit to embark on a campaign of Education for All. The measure has to be more than just the enrolment numbers. The education we seek has to be relevant to building the kind of economy and the kind of society we deserve. Our past is essential to this. But history must find its place in the wider challenge of transforming the education system.
We have made great strides in stabilising the construction of a single education system. We must now commit to the detail of curricula reform, of more targeted funding: of the adequate resourcing of all aspects, including the currently under-funded learner-support materials; and we must improve on the overall management of our education resources.
The tasks are of nationhood - a people, a culture and an economy. Engage with yourselves, and engage with us.
Even the economists might own up to history soon. The reason economic forecasting gets it wrong is that it speaks of the probabilities and possibilities of numbers. It does not tell the story of human behaviour, of choices, personalities, geography, climate and politics, of greed, compassion, love and disease. This is your terrain.
Let's combine skills to more successfully focus on the future together.
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We are enjoined in a shared responsibility to ensure that our respective talents are deployed in ensuring a better outcome for all South Africans.
For South Africa remains a world of stark contrasts.
Sophisticated businessmen develop long-term strategies only a stone's throw away from the women developing daily survival strategies for themselves and their children.
Our banking halls glisten invitingly while the vast majority of our population remains unbanked.
Our investment markets stand shoulder to shoulder with the best in the world. Yet, many of our people rely on the vagaries of informal markets for their livelihoods.
This set of facts throws up a number of daunting challenges to all of us.
We must ensure that the enormous wealth that circulates in our financial markets does so for the benefit of all South Africans.
We must ensure that investment capital is allocated productively, otherwise we can never expect to enjoy the high sustainable growth rates required to ensure a better standard of living for all our people.
We must protect the advantage we have over many other emerging market economies that envy the depth and sophistication of our markets.
This requires us to tread very carefully.
We must ensure that our markets are appropriately regulated, though not stifled by red tape. But equally we must avoid that dangerous form of laissez faire that allows the poor to be condemned to further poverty through financial sophistry and the chicanery of those charged with looking after their savings.
This requires of us that we inculcate in all of us a sense of honesty and integrity. And that we underpin this with sensible regulation.
The market capitalisation on the JSE has risen from R388 billion at the end of 1990 to R1,8 trillion at the end of 2001. At the same time, annual turnover has risen from 6,1 per cent of market capitalisation to 34,2 per cent?
In July this year, the number of shares traded on the JSE was 12 times the level it was in 1995?
The capital market has also grown strongly, with daily turnover of R40 billion. The development of our fledgling corporate bond market is a very encouraging sign of the robustness of our financial environment?
Our wealth of financial talent is no better reflected than in the derivative markets. The number of derivative contracts written more than doubled between 1996 to 2001, while the underlying value of these deals rose more than 3 fold?
These numbers are indeed impressive. But we must not forget what we are doing.
These are an accumulation of the meagre savings of working South Africans.
These are the funds that foreigners entrust to us in good faith.
These are the funds that must fund productive investment for sustainable growth and job creation.
Government must provide a firm platform on which you can ply your trade. In turn, you do this with probity, honesty and integrity.
For when one acts dishonestly, that casts doubt on the entire system and community of investment managers.
Since 1994, Government has been striving to ensure a system of macroeconomic and fiscal management that renders it possible for your industry to move from strength to strength.
While macroeconomic reform continues to be a difficult process and contested terrain, we believe that we have come a very long way since 1994.
From being a closed, insular, inward looking society, we have embraced the global community, faced our fears and created an investment enviroment conducive to sustained economic growth and development.
Step by step, we have put in place an investor-friendly macroeconomic and fiscal environment.
In the ten years to 1994, real GDP growth rates were 0,6 per cent a year. Since 1994, annual growth has averaged 2,7 per cent, and we are forecasting growth in excess of 3,5 per cent in the medium term.
We can be proud that these forecasts are underpinned by anticipated strength in the domestic economy.
Fiscal reform has ensured sustainable debt and deficit levels, and falling interest payments, which allow for real spending growth of 4,7 per cent over the next three years. Yet, the tax reform trend of recent years is continued, with the tax:GDP ratio stabilising at 24,4 per cent of GDP.
Consolidation of the fiscal balances have provided significant room over the past few years for us to introduce targeted measures that further enhance the investment environment.
R3 billion over four years for additional tax allowances for strategic investment projects?
An accelerated depreciation programme to encourage investment?
A wage incentive to provide impetus to the learnership programmes, thereby raising skills levels to meet the requirements of 21st century businesses?
The reduction of Government demands on the local bond market has created space in recent years for the emergence of a corporate bond market, widening the opportunity for our firms to flexibly access capital for ongoing development.
Restructuring of state assets continues to enhance the efficiency of resource allocation across the economy, raising the competitiveness of our investment environment.
While Government retains strategic stakes in many of the key assets, the restructuirng will continue with the partial privatisation of Telkom in this fiscal year.
The sharp depreciation of the currency toward the end of 2001 presented a real test of our macroeconomic strength. Despite the 34 percent depreciation of the currency in 2001, our economy responded positively to this, with exports growing strongly in 2002, regardless of slower than anticipated global growth.
Since 1994, the inflation trend has been firmly downward, providing a stable environment in which to make investment decisions and reducing the distorting effect of inflation on investment allocation decisions.
Rising inflation following the depreciation is a temporary setback for the inflation targeting framework we have set with the South African Reserve Bank. In September, the CPIX was 11,8 per cent, up from 5,8 per cent in September 2001.
Over the medium term, inflation will slow, as the effects of the depreciation dissipate and the currency strengthens, falling below 6 per cent toward the end of next year.
In this context, we agreed with the Governor that the inflation target should remain 3-6 per cent in 2004. As we consolidate our gains in the fight against inflation, we will consider further downward adjustments to the targets.
Exchange control liberalisation forms an important component of our reintegration with the world economy. As has been broadly recognised internationally, a gradual approach to capital account liberalisation is advisable and should occur late in the process of economic reform.
Prerequisites include a stable macroeconomic environment, a sound and wellregulated financial system and social safety nets to help protect the poor from the potential costs of globalisation.
While we are still contemplating the findings of the Rand Commission, we have felt comfortable enough to relax exchange controls again in the MTBPS. We have noted that a number of South African firms are doing exceedingly well across the length and breadth of the African continent.
Accordingly, and consistent with our commitments to NEPAD, we have announced considerable liberalisation of the investment limits for fixed investment on the African continent.
Investors may now use South African funds to finance new approved direct investment in Africa of R2billion (up from R750m) and may use top-up funding for expanding existing approved investments. Together these relaxations send very strong signals about our commitment to assist responsible development on the continent.
Our gradual approach to exchange control continues to serve us well and we are complementing the development and implementation of prudential regulation standards, especially for institutional investors and asset managers On this front, we firmly believe that the right way to go is to embody our institutional investors offshore allowances within an enhanced framework of prudential regulatory requirments. This is an accepted international approach. We are working toward giving an indication of the way ahead at the next budget speech.
Two related issues are worth mentioning here. Firstly, is the need for more informed and accountable trustees of investment funds, particularly pension funds. It is accepted that we want our trustees to follow prudent investment strategies and that they should be held legally accountable for negligent conduct when dealing with investors funds. Secondly, is the need for an improved culture of regulatory compliance amongst institutional investors, and asset managers. This extends to even the veracity of financial data on the investment of funds, and just as important, the timeous and regular delivery of such data. As an industry you need to improve in this regard. I know you can do better. At the same time as we liberalise and permit offshore investment, we owe to ourselves to invest wisely. And as many an offshore investor over the past year can tell you, -"the grass is not always that greener across the blue ocean". Many people who invested offshore lost money in real terms. We should therefore reexamine our way of thinking that seems to say for many that local investments do not offer real inflation beating returns.
We remain a savings-shy country, and many of us remain people of little faith in our own country and its wealth creating potential. In this context, we all acknowledge that there is a fair amount of nation-building that needs to happen on the investment front. So that foreign investors can see that South Africans believe in the future of their country to such an extent that hard earned disposable income is invested locally. This scenario is starkly different to the perceptions we create and signals we send as a nation when South Africans take huge sums all over the world. In the long run, it might actually be bad for our ability to attract foreign direct investment.
Our ability to attract sustainable direct investment is direclty connected to our investment rating. Since 1994, South Africa has gone from strength to strength in this regard.
From languishing in a very uncertain environment in 1994 where no rating agency was prepared to give us an investment grade rating, South Africa now enjoys investment grade ratings from Standard and Poor, Fitch and Moody's.
Our ability to obtain investment grade ratings is underpinned by prudent macroeconomic and fiscal management and the robustness of our financial sector, including the regulation thereof.
All of these rest on the transparency of our fiscal management framework and the ability of our financial system to withstand shocks.
While we can augment our individual saving with foreign saving, history and experience elsewhere tells us that we cannot rely on foreign capital for all our investment needs.
A critical obstacle to higher levels of saving is to raise the domestic savings rate. At less than 16 per cent of GDP, domestic saving is inadequate to fund the levels of investment required for sustainable economic growth of the magnitude required to significantly reduce unemployment and raise income levels.
Government has diligently reduced the level of dissaving in the public sector since 1994. however, we urgently need to raise the level of private saving in general and household saving in particular to underpin our initiatives to support an investor-friendly environment.
In August, I set out a number of challenges to the participants of the Financial Sector Summit.
We must seek to bring all South Africans into the financial environment. So that every South Africa who wants one can have a bank account, and can save for a brighter future.
The investment environment we have been talking about extends right across the spectrum - from the largest corporations to the smallest businesses. In fact, in many senses, these small businesses have the capacity to generate more jobs for a given level of investment and must remain firmly in our sights for support.
Ongoing development of our economy depends on networks of trust.
Savers must be able to trust those charged with the management of their funds.
Investors must be able to trust the managers of the firms in which they invest and have instruments to hold them to account.
Pensioners must be able to trust their trustees.
Just as economic agents find they can increasingly trust their government.
We are obliged to ensure that the standards and codes we have regulating behaviour in our financial markets protects us from systemic risk. But just as importantly is the human element of greed that must be managed to ensure that we invest prudently and wisely.
I thank You.
<fn>GOV-ZA.2002111201En.2012-02-10.en.txt</fn>
Standard and Poor's today, (12 November 2002), revised its outlook on the Republic of South Africa's rating from stable to positive. They also affirmed South Africa's BBB- long term foreign currency debt rating and it's A-long term local currently debt rating.
ï¿½ Persistent sound macroeconomic management and policies; and ï¿½ A readily manageable and declining debt burden which has helped the country to weather periods of high currency volatility.
Standard and Poor's expect sound fiscal and monetary policies coupled with growth enhancing fiscal reforms to bolster the ratings on South Africa over the coming years.
This brings the number of rating agency upgrades received by the Republic of South Africa in the last twelve months to three. In November 2001, Moody's upgraded South Africa's long term foreign currency debt from Baa3 to Baa2 and hiked government's domestic debt by two notches from Baa1 to A2. In August 2002, Fitch Ratings revised the outlook on South Africa's foreign currency debt from stable to positive. The National Treasury welcomes these upgrades which confirm the correctness of South Africa's macroeconomic policy stance. Their impact on the fiscus will be a further decline in debt service costs, which will allow us to make even more resources available for social and infrastructure spending.
More importantly, however, they confirm a perception of 'safe haven' status that investors are gradually developing about South Africa in a world ravaged by slow economic growth and rampant rating downgrades.
We continue to believe that with a strong macroeconomic policy foundation, growth enhancing structural reforms and resultant resilience of the South African economy, it is possible to grow this economy to levels that will make it possible to meaningfully reduce poverty and unemployment.
<fn>GOV-ZA.2002112601En.2012-02-10.en.txt</fn>
In line with the press release dated 16 July 2002, the National Treasury indicated that it would analyse the impact of widening the bid-offer spread on selected bonds.
The National Treasury stated that it reserves the right to move back to the original position, if in its opinion, and in the views of market participants, the market was negatively affected.
Since the widening of the bid-offer spread was implemented on 31 August 2002, the analysis and market opinion, indicate that the performance of Primary Dealers has not been affected by this decision. For this reason the National Treasury has resolved to maintain the spread.
Mr Phakamani Hadebe Chief Director: Liability Management Phone: (012) 315 5486 E-mail: phakamani.hadebe@treasury.gov.
<fn>GOV-ZA.2002120401En.2012-02-10.en.txt</fn>
The Ministry of Finance is pleased to announce that Mr. Trevor Manuel, Minister of Finance, will establish the Ministerial Panel for the review of the Accounting Professions' Bill on Thursday, 5 December 2002. The Minister will hold a meeting with the Review Panel and introduce the chairperson and members.
Procedural matters, the involvement of outside stakeholders and the required timeframes will be discussed at the meeting.
South Africa is the first emerging market country to formally review the regulations of the professions.
At the end of the meeting the Minister will introduce the panel to the media and release the terms of reference. There will be an opportunity for questions to the Minister and the Ministerial Panel.
The media is invited to a briefing on the expected work of the Review Panel.
<fn>GOV-ZA.2002120601En.2012-02-10.en.txt</fn>
Thank you for inviting me here today to speak about NEPAD, a subject that has aroused both considerable enthusiasm and even some concerns.
Allow me to state my preferences up front - the NEPAD programme is critical for the successful economic development of Africa and the achievement of a continent characterised by high standards of living, thriving private sectors, and accountable and democratic states. There is no question that governmental and private support for the initiative is strong and enthusiastic.
Moreover, NEPAD has emerged out of several years of negotiaton and consultation to ensure that among Africa's governments and peoples, the programme has durable and widespread political support. As an economic programme, furthermore, NEPAD has been constructed to address not only specific African economic problems, but also the complex and often fraught international economic relationships that characterise our global community.
Over the last year, a number of new agreements were reached that reflect a renewed awareness of the difficulties faced by the global community in combating poverty - and the costs of not doing so effectively. The Monterrey Consensus, which was the outcome of the UN's conference on Financing For Development, was a landmark, setting out the concept of partnership between developed and developing countries, and elaborating the areas of work in which the partnership would be made effective.
NEPAD was conceived and developed in the same intellectual and empirical milieu, and I believe, takes the idea of partnership a step forward. Most African countries are only tiny elements of the broader global community, and as such, have limited capacity and ability to bargain effectively, or even to voice their perspectives. NEPAD sets out an institutional mechanism for Africans to combine their voices and maximise the returns to Africa from the partnership set out in the Monterrey Consensus.
Of course, NEPAD also goes much farther. While the Monterrey Consensus spelled out a number of areas where critical financing is needed for development, it did little to go beyond that and identify regional strategies. The architects of NEPAD, however, did precisely that, by elaborating the precise initiatives to be pursued by African governments and the areas where assistance from developed countries and the Bretton Woods Institutions would be important.
The regional focus of NEPAD, furthermore, provides critical sinew to the policies set out in the economic, infrastructure and governance initiatives of both NEPAD and Monterrey. Economic activity generally, and cross-border activity in particular, is characterised by externalities that can be both positive and negative.
Effective resolution of negative cross-border externalities requires that they are addressed by more than just separate and individual action. Positive externalities need, in some cases, to be deliberately created, and in others, identified and taken advantage of. One that comes to mind, is the development of private business alongside the building of telecommunications and transportation infrastructure.
This was one of the areas which the WSSD focused on, and again, as with Monterrey, I believe that we must view NEPAD as an implementing vehicle for the broad agreements reached at the WSSD.
One method of addressing externality problems is the creation and/or strengthening of market and non-market institutions that ensure that the operation of the market does not weaken those who are unable to influence the outcomes of the market - in other words, the poor, children, women, and those with little in the way of voice or market power.
Of course, the emphasis on institutions as a means of making markets work can be turned around in other words, non-market institutions, if not accountable, can seriously bias the outcomes of markets even further away from the interests of the poor and the private sector.
And, this aspect of institutions - their ability to make matters worse - is the one that much of the emphasis is on in Monterrey. From a critical analytical perspective, of course, this is exactly right.
But to progress in achieving economic growth and development, this negative has to be made a positive, for example, through making not just technical assistance but actual capacity building a central feature of an actionable implementation framework.
Indeed, I think we can take this point forward even more strongly: getting institutions right, whether market or non-market, will help to ensure that the outcomes of the processes that these institutions govern will be more accountable - and, as a consequence, ensure that creating economic opportunities for the private sector also means creating opportunities for our poor.
I am not a believer in the idea that either the institution of the state or the institution of the market can or should do everything in economic development. There are simply too many examples of failures of systems of paternalistic states and uncontrolled markets for me to accept either as a one-size-fits-all model for development.
Our model is one of an active, accountable state, dependent on appropriate and non-distortionary revenue generation to provide the means for individuals to engage in economic activity in markets - and where people are unable or incapable of doing so, to provide a standard of living. That model depends in turn on well-regulated markets in which the private sector invests, produces, employs, and competes. To my mind, that is a very special partnership, and one which informs NEPAD.
In summary, NEPAD lays the foundation for Africa to move toward a new age of peace, security, economic growth, sustainable development and prosperity. Despite international economic turmoil, economic growth in Africa is expected to average 3.1% this year and 4.2% next year. This is more than twice the average growth we achieved from 1984 to 1993, and marginally higher than the average for all developing countries.
Macroeconomic stability is being consolidated, with average consumer price inflation rising by about 9.7% in 2002, down from 13.2% in 2001, and 54.6% in 1994. Underpinning these improving inflation figures are our fiscal balances, which have declined from - 5.2% of GDP in 1994 on average to -2.1% in 2001.
But while we as African countries have achieved some dramatic macroeconomic successes, NEPAD, and the broader post-Monterrey and post-WSSD environment, requires us to make much better progress. What we have done up to now, has simply not been good enough to meet the Millennium Development Goals and achieve our vision of stable, prosperous societies.
For us, as developing countries, the key tasks are clear.
Firstly, there should be an unwavering commitment to domestic resource mobilisation on the part of African countries. A concerted effort must be made to reverse the declining trends in the levels of savings and investment in the majority of African countries. For instance, in 2000 the average savings rate in the region was 12 percent of GDP. There are, however, countries in the regions that have registered higher levels of savings such as Algeria (32 percent), Gabon (35 percent) and Mauritius (23 percent).
Sharing best practices would help all of us to achieve the high saving and investment rates that we need to grow more rapidly. Appropriate revenue generation management and policies on social and infrastructure expenditure, moreover, are necessary for the public sector to contribute to the increases in saving and investment that we need.
Secondly, we need to create an enabling domestic environment that would be conducive to private sector participation. Capital will only go where it feels safe and where it is able to maximise returns on investment. We also need to create the enabling environment for our private sector that will take us to a competitive regional market and ensure our stake in the global market.
In the past, African countries have repeatedly raised the issue of unfair trade practices on the part of developed countries, particularly in the form of tariff and non-tariff barriers. At the launch of the new trade round in Doha, developed countries have undertaken to reduce these tariff and non-tariff barriers. This will result in greater market access opportunities for African products. The onus rests on us to take advantage of these opportunities by diversifying our economies and reducing supply-side constraints.
We also need to enhance intra-regional trade, and to develop our regional economic communities into competitive markets capable of laying the foundation for Africa to compete in global markets. In order to achieve this objective, we must reform and invigorate SADC, and imbue it with a renewed sense of optimism. Over the past several years, the National Treasury has been especially vigorous in helping SADC and working with our Sub-Saharan neighbours to define and implement policies on macroeconomic convergence, investment, and tax harmonisation. More work needs to be done to raise SADC to meet the expectations of it in NEPAD, but it is fair to say that we are making very significant progress.
Thirdly, good governance is essential if we are to ensure that our governments, our civil societies and our private sectors work together towards creating a better livelihood for the people of our continent. We cannot do this as governments only. We need other sectors of society to be involved. What we can do is to ensure that our work is undertaken effectively and efficiently given the scarce resources at our disposal. To this end, the NEPAD Africa Peer Review Mechanism (APRM) is an innovative instrument that will foster the adoption of sound policies, standards and practices through sharing of experiences and reinforcement of successful and best practices.
Allow me to turn to our interaction with the international development partners. At Monterrey, we emphasised that domestic resource mobilization needs to be complemented by increasing ODA flows, provision of greater market access and continuous debt relief. Regarding ODA, developed countries must ensure that flows are supportive of the development strategies of the recipient countries, are predictable and untied. Furthermore, greater utilisation needs to be made of domestic technical expertise. In the area of market access, tariff and non-tariff barriers have to be eliminated. We also urge that more rapid progress be achieved on the implementation of the HIPC Initiatives, especially in getting more African countries to reach the completion point.
In moving forward, I firmly believe that this new partnership is dynamic. This means that responsibilities will change as we progress towards implementing NEPAD. In the medium term this will surely require that our development partners augment the current resources earmarked for Africa as we make progress on the promotion of economic growth and development of the African continent.
Finally, one is tempted to view the international environment as inauspicious for the realization of ambitious developmental projects. However, there are three critical factors that I believe tip us in favour of optimism.
The first is the reality that collective action or joint action is difficult even in the best of times, and particularly where the contemplated action requires countries to provide financing. But the very existence of the Monterrey Consensus, the success of the WSSD, and the commitment of the IMF and the World Bank, not only reflects a widespread acknowledgement of the need to deliver the right policies with the right financing, but also reflects a political will to ensure their implementation.
Second, that as Africans, we know that expanding and deepening economic activity through appropriate domestic reforms is critical for our own freedom from want.
And finally, that while there is much to do, and that NEPAD cannot encompass everything that needs to be done to expand economic activity, it does include and elaborate the critical processes and goals required to enable the private sector to do what it can do best - help strong, stable governments and states to raise the standard of living of our people.
Thank you.
<fn>GOV-ZA.2002121301En.2012-02-10.en.txt</fn>
The Government of South Africa via the National Treasury has to raise money in the financial market to finance the total Budget deficit during a fiscal year.
Most governments raise funds via the taxation system. However, to raise as much money as would be needed to fund the total government spending, the rate of taxation would be higher than is politically or economically acceptable.
To fund any shortfall (budget deficit) the government may borrow money by issuing bonds. These bonds are issued in the domestic currency and are deemed to be the securest form of investment in that currency.
National Treasury, are interest bearing bonds.
The bonds are listed on the Bond Exchange of South Africa. They trade in the capital market at the yield to maturity. The yield to maturity is the rate that your holding will yield over the life time of your Bond. There is an inverse relationship between a bond's yield to maturity and the price. If the yield goes up the price will go down and visa versa. Various economical internal and external factors e.g. the inflation rate, GDP, the currency etc. will influence the yield to maturity on a daily basis.
Bonds are normally bought at a discount (95.35672%) and mature at its nominal value (100%).
It pays interest semi-annually to the holder at the coupon rate.
Nominal * coupon rate/100Ã·2.
Bonds can however, trade at a premium, that is when the yield to maturity is lower than a particular bond's coupon rate.
The National Treasury issues various types of bonds, e.g. Vanilla Bonds, Variable Bonds, CPI Bonds and Zero Coupon bonds. These Bonds are currently available across the yield curve until 2027.
RSA Bonds can be bought at any Bank or Broker who is a member of the South African Bond Exchange.
<fn>GOV-ZA.2002187accesstoinfoEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=19998&tid=37370 Size: 1KB Collection: speeches_cm?
Results: 21 to 40 of 62 (104467 searched in 0.303.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=19895&tid=37081 Size: 1KB Collection: speeches_cm?
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20100&tid=37660 Size: 3KB Collection: speeches_cm?
2011/07/18 class="MsoNormal" style="margin-bottom: 0.
<fn>GOV-ZA.20022003En.2012-02-10.en.txt</fn>
Results: 1 to 20 of 32 (104467 searched in 1.354.
The response to binding constraints is a combination of systematic initiatives, optimising on public expenditure improving an environment to do business in South Africa and removing bottlenecks in the main within government. * Infrastructure * Sector strategies * Education and skills * Interventions in the Second Economy * Public Administration issues * Macro-economic.
<fn>GOV-ZA.200270gg31844section31ricaEn.2012-02-10.en.txt</fn>
Forms of assistance.
receive and proof of authority to per interception target.
send from the interception centre.
12 No.31844 GOVERNMENT GAZETTE, 6 FEBRUARY 2009 to the interception centre.
the direction. in respect of both directions.
on the expiry date of the direction.
Identification of the interception For the assistance prescribed in paragraphs target.
Obtaining proof of authority to tariff of R420,OO per interception target. receive and proof of authority to send from the interception centre.
The maintenance of the interception measure for the period identified in the direction.
The activation of software or a device by a designated person on the electronic communication system of the mobile cellular operator in order to route the archived communication-related information to the interception centre.
Obtaining proof of authority to receive and proof of authority to send from the interception centre.
Retrieval of the required R30,OO per interception target and an information specified in the additional amount of direction from the storage (a) R4,30 per page on which the facility of the mobile cellular information is printed; or operator.
The provision of the real-time electronic medium stored on a communication-related information removable disk. to the person who served the direction on the mobile operator.
Retrieval of the required R40,OO per interception target and an facility of the mobile cellular information is printed; or to the person who served the direction on the mobile cellular operator.
on a Sunday; or (el) on a public holiday, a mobile cellular operator is entitled to be compensated at a tariff of R350,OO per interception target identified in the direction in addition to any other tariff provided for in Column 2 of the Tables: Provided that if a direction for routing both indirect communications and real-time communication-related information during an active intercept or in respect of a future period of time is served on a mobile cellular operator in respect of the same interception target for the same period of time, the mobile cellular operator is only entitled to a tariff of R350,OO for the execution of both directions.
<fn>GOV-ZA.2002En.2012-02-10.en.txt</fn>
Website: http://www.nda.agric.
Website: http://www.dac.gov.
Website: http://docweb.pwv.gov.
Website: http://www.dcs.gov.
Website: http://www.mil.
Website: http://www.doe.gov.
Website: http://www.publicworks.gov.
Website: http://www.dti.gov.
Website: http://www.treasury.gov.
Website: http://www.wrc.org.
<fn>GOV-ZA.2002KidsRightsEn.2012-02-10.en.txt</fn>
All human rights for all!
It is not your fault!
you do not deserve to be hurt.
If this has happened to you, you are not alone.
<fn>GOV-ZA.2002Mainance2En.2012-02-10.en.txt</fn>
Children should get these basic needs from their parents or relatives. This support given by parents or relatives. This support given by parents or relatives is called maintenance.
Parents or relatives maintain children directly, when the child lives with them.
Parents or relatives maintain children indirectly, when the child lives with someone else, by paying maintenance, or money to support the child and provide his or her basic needs.
Who has a duty to maintain?
his or her grandparents, if the child's parents were married to each oter.
This legal duty is called "the duty to maintain" or "the duty to support".
What is the maintenance system?
Where parents separate, many parents voluntary pay maintenance to the parent living with the child.
Other parents fail to honour their legal duty to maintain their child.
The maintenance system is the system of courts which ensures that parents honour their duty to maintain their children.
A maintenance court can order a parent who does not live with his or her child to pay maintenance for the support of his or her child.
The maintenance system therefore ensures that parents not living with their children make a fair financial contribution towards the support of their children.
Why pay maintenance?
If you do not live with your children, you are not there day to day to provide their basic needs such as shelter, food, colthing, medical care and schooling.
So, you must pay money as maintenance to help the parent living with the children to provide the children with these basic needs.
Maintenance ensures that your children keep, as much as possible, the same standard of living as before the parents separated.
How is maintenance paid?
Most parents decide themselves how the parent living away from the children should support his or her children and contribute his or her share towards their upbringing.
However, the maintenance system is there if the parents cannot decide themselves how maintenance should be paid, or how much.
The parent living with the children can go to a maintenance court in order to obtain maintenance from the other parent.
The maintenance court can order the parent living away from the children to pay maintenance to the other parent, for the benefit of the children.
The maintenance court will tell the parent how much is to be paid, when it is to be paid, and where it should be paid.
is involved in another relationship?
does not let me see the children?
Your children's right to their basic needs has nothing to do with your view of the other parent's behaviour.
Your children still need maintenance, and you must still pay maintenance, even if the other parent remarries or gets involved in another relationship.
Again, your children are still entitled to maintenance even if you cannot see them. Your duty to maintain them is totally separate from their right to see you. Your duty to pay does not depend on whether or not you can see them.
A parent's duty to maintain his or her children continues even if the parent living with the children has other children.
If the parent, living away from the children, is concerned about the welfare of the children, he or she is still required to pay maintenance, though he or she could make a complaint to the welfare authorities or apply to a court to have the children come and live with him or her.
If the parent living away from the children has other children himself or herself, he or she is still obliged to pay maintenance.
He or she must still pay maintenance if her or she now lives with a new partner and that partner's children.
However, there might be a change in how much maintenance a parent must pay if he or she has further children of his or her own.
How is the amount of maintenance calculated?
The maintenance court or the maintenance officer at court will help in working out how much money should be paid as maintenance.
Usually, the court first works out how much the children need for their maintenance (ie., to provide them with food, shelter, clothes, and so on).
The court will then see that each parent makes a fair contribution to those needs, usually by requiring them to contribute in proportion to their respective incomes.
What happens if maintenance is not paid?
if school fees cannot be paid, may not be able to go to school.
Sometimes the parent living with the children may have to go out to work to get money and may not always be able to provide child care or supervision for the children.
What can I do to protect the best interests of children when it comes to maintenance?
If you are a parent, make sure you contribute a fair amount towards upbringing of your children, whether you live with them or not.
If you are a relative of someone who cannot afford to contribute, such as grandparents, try your best to help the children: after all, they still need support.
You can also help the children by persuading parents who are not paying or who are not paying enough, to pay a fair amount of maintenance: their children need it.
<fn>GOV-ZA.2002NoticeConstitutionEn.2012-02-10.en.txt</fn>
The Minister for Justice and Constitutional Development intends introducing the Constitution of the Republic of South Africa Fourth Amendment Bill, 2002, in the National Assembly. The particulars of the proposed amendments are hereby published for public comment in accordance with section 74(5)(a) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996). Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister for Justice and Constitutional Development. Comments should kindly be directed to the attention of Mr J A de Lange, Private Bag X 81, Pretoria 0001, by not later than 8 November 2002. (Electronic mail address: DelangeJ@justice.gov.
To amend the Constitution of the Republic of South Africa, 1996, in order to enable a member of the National Assembly or a provincial legislature to become a member of another party whilst retaining membership of the National Assembly or that provincial legislature; to enable an existing party to merge with another party, or to subdivide into more than one party, or to subdivide and any one of the subdivisions to merge with another party, whilst allowing a member of a legislature affected by such changes to retain membership of that legislature; and to provide for matters connected therewith.
Amendment of section 46 of Act 108 of 1996 1.
"[The] Subject to Schedule 6B, the National Assembly consists of no fewer than 350 and no more than 400 women and men elected as members in terms of an electoral system that--".
Amendment of section 47 of Act 108 of 1996 2.
other than in accordance with Schedule 6B, ceases to be a member of the party that nominated that person as a member of the Assembly.
Amendment of section 105 of Act 108 of 1996 3.
"[A] Subject to Schedule 6B, a provincial legislature consists of women and men elected as members in terms of an electoral system that--".
Amendment of section 106 of Act 108 of 1996 4.
other than in accordance with Schedule 6B, ceases to be a member of the party that nominated that person as a member of the legislature.
Amendment of Schedule 6A to Act 108 of 1996, as inserted by section 2 of Act 18 of 2002 5. Schedule 6A to the Constitution is hereby amended by the deletion of item 9.
Insertion of Schedule 6B in Act 108 of 1996 6.
"party" means a party duly registered as a political party in accordance with applicable law.
Subject to item 4, a member of a legislature who becomes a member of a party (the new party) other than the party which nominated that person as a member (the nominating party), whether the new party participated in an election or not, remains a member of that legislature if that member, whether by himself or herself or together with one or more other members who, during a period referred to in item 4(1)(a) or (b), ceased to be members of the nominating party, represent not less than 10 per cent of the total number of seats held by the nominating party in that legislature.
The seat held by a member referred to in subitem (1) is regarded as having been allocated to the new party which the member represents.
subdivide into more than one party or subdivide and any one subdivision merge with another party, whether that party participated in an election or not, if the members of a subdivision leaving the original party represent not less than 10 per cent of the total number of seats held by the original party in that legislature.
If a party merges with another party or subdivides into more than one party or subdivides and merges with another party in terms of subitem (1), the members concerned remain members of that legislature and the seats held by them are regarded as having been allocated to the party which they represent pursuant to any merger, subdivision or subdivision and merger contemplated in subitem (1).
for a period of 15 days from the first to the fifteenth day of September in the fourth year following the date of an election of the legislature.
For the purpose of subitem (1) "year" means a period of 365 days.
perform any act whatsoever which may cause such a member to be disqualified from holding office as such a member, without the written consent of the member concerned.
A party which has not been registered in terms of any law applicable to the registration of political parties, is regarded as a party for the purposes of this Schedule, but such a party must apply for registration as a party in accordance with applicable law within the period referred to in subitem (1)(a) or (b). If the party is not registered accordingly within four months after the expiry of that period, it is regarded as having ceased to exist, and the seats in question must be allocated to the remaining parties in accordance with applicable law.
After the expiry of a period referred to in item 4(1)(a) or (b), the composition of a legislature which has been reconstituted as a result of any conduct in terms of item 2 or 3 is maintained until the next election of that legislature or until the composition of the legislature is reconstituted in accordance with item 2 or 3.
Within seven days after the expiry of a period referred to in item 4(1)(a) or (b), each party represented in a legislature contemplated in subitem (1) must submit a list of its candidates to the Secretary of the legislature.
A party may at any time change its name.
subdivide into more than one party or subdivide and any one subdivision merge with another party, whether that party participated in an election or not, whilst the members concerned remain members of that legislature and the seats held by them must be regarded as having been allocated to the party which they represent pursuant to any merger, subdivision or subdivision and merger contemplated in this paragraph.
The provisions of item 4(3) and (4) and item 5 are also applicable in respect of subitem (1), and any reference therein to a period referred to in item 4(1)(a) or (b) must be construed as a reference to the period referred to in subitem (1).
Any person who, during the period from 22 October 2002 until the date of the commencement of this Schedule, has been removed from membership of a legislature by reason directly or indirectly of anything done by such person in anticipation of the enactment of provisions substantially similar in content to this Schedule, shall be restored to such membership with all rights and privileges attaching thereto, and any person who has replaced such person as a member of the legislature shall cease to be a member of such legislature.
Amendment of Schedule 2 to Act 200 of 1993, as amended by section 12 of Act 2 of 1994, section 3 of Act 20 of 1995 and Schedule 6 to Act 108 of 1996 7.
who is the next qualified and available person on the list.
If a party represented in a legislature dissolves or ceases to exist and the members in question vacate their seats in consequence of [item 23A(1)] section 47(3)(c) or 106(3)(c) of the new Constitution, the seats in question shall be allocated to the remaining parties mutatis mutandis as if such seats were forfeited seats in terms of item 7 or 14, as the case may be.
by the deletion of item 23A.
Repeal of Act 22 of 2002 8. The Loss or Retention of Membership of National and Provincial Legislatures Act, 2002 (Act No. 22 of 2002), is repealed.
This Act is called the Constitution of the Republic of South Africa Fourth Amendment Act, 2002, and comes into operation on a date set by the President by proclamation.
to enable an existing party to merge with another party, or to subdivide into more than one party, or to subdivide and any one subdivision to merge with another party.
Constitution of the Republic of South Africa Amendment Act, 2002 (Act No.
Local Government: Municipal Structures Amendment Act, 2002 (Act No.
Constitution of the Republic of South Africa Second Amendment Act, 2002 (Act No.
Loss or Retention of Membership of National and Provincial Legislatures Act, 2002 (Act No. 22 of 2002).
1.3 The President assented to the Acts on 19 June 2002, and all four Acts were published in the Gazette of 20 June 2002. However, as a result of a challenge being brought in court against the constitutional validity of the Acts, the operation of all four Acts were effectively suspended pending the verdict of the Constitutional Court.
1.4 On 4 October 2002, in the case of United Democratic Movement v President of the Republic of South Africa and Others (Case CCT 23/02), the Constitutional Court held that "floor-crossing" legislation for national, provincial and local government is not as such inconsistent with the Constitution. Regarding the Loss or Retention of Membership of National and Provincial Legislatures Act, 2002 (the Membership Act), however, the Court held that Parliament did not have the power to effect the provisions contemplated in that Act by means of an ordinary Act of Parliament, as opposed to an Act amending the Constitution. As a result of this procedural defect, the Membership Act was found to be inconsistent with the Constitution and invalid. The other three Acts were, however, found to be consistent with the Constitution and valid.
2.1 The objects of the Bill are to amend the Constitution in order to enable a member of the National Assembly or a provincial legislature to become a member of another party whilst retaining membership of that legislature; to enable an existing party to merge with another party, or to subdivide into more than one party, or to subdivide and any one subdivision to merge with another party.
2.2 The provisions of the Bill are modelled largely on the amendments effected to the Constitution by the Constitution of the Republic of South Africa Amendment Act, 2002, that inserted the provisions related to the "crossing of the floor" in the local government sphere in the Constitution. By adhering to the principles embodied in those provisions, the Bill will give effect to the Legislature's clearly stated objective, as stated in the Preambles to the Acts in question, of ensuring that uniformity exists within the three spheres of government regarding loss or retention of membership of the National Assembly, any provincial legislature or any municipal council in the event of a change of party membership, or mergers or subdivision or subdivision and merger of parties.
2.3 The provisions of the Bill are applicable to members of, and parties represented in, the National Assembly and provincial legislatures.
during a period of 15 days from the first to the fifteenth day of September in the fourth year following the date of an election of the legislature.
The State Law Advisers and the Department of Justice and Constitutional Development are of the opinion that the Bill falls within the ambit of section 74(3)(b) of the Constitution and consequently requires the approval of both the National Assembly and the National Council of Provinces.
<fn>GOV-ZA.2002Pr105En.2012-02-10.en.txt</fn>
The South African Law Commission completed a report on terrorism which has been submitted to the Minister for Justice and Constitutional Development on 29 August 2002.
The SA Police Service (SAPS) conducted the initial research on terrorism and drafted an Anti-Terrorism Bill which was submitted to the Commission's project committee on security legislation in October 1999. That Bill contained, amongst other things, a clause which provided for detention for purposes of interrogation. The motivation for the legislation was the spate of bombings which occurred during the last half of 1999 in the Western Cape. It was considered by the drafters that detention for interrogation would enable law enforcement to obtain information it would not otherwise be able to obtain.
The SAPS' draft document formed the basis of the discussion paper which was considered by the project committee at meetings held on 12 February and 29 April 2000. The draft document was enhanced by additional research focusing, inter alia, on the issues relating to detention for interrogation. Amendments to the discussion paper and the draft Bill were effected and the working committee of the Commission (which is the executive committee of the Commission) considered and approved the publication of Discussion Paper 92 for general information and comment on 8 June 2000.
The project committee decided at that stage that it should retain the SAPS' proposal for detention for interrogation in the Bill so as to elicit public comment. It however inserted certain safeguards in the Bill such as the detainee's right to legal representation and communication with and visitation by the detainee's spouse or partner, next of kin, chosen religious counsellor, and chosen medical practitioner. The project committee pointed out that it considered that the provision would not pass constitutional muster and requested comment on this aspect in particular. The project committee was of the view that insufficient justification was presented to it to justify the infringement which detention without trial posed to the right to freedom and security of the detainee. The committee also questioned whether there was any need for anti-terrorism legislation.
The Commission hosted a media conference on 8 August 2000 to announce the availability of Discussion Paper 92 for general information and comment. The Bill contained in the discussion paper elicited concerns particularly from members of the Muslim community, mainly from the Western Cape. They considered that the Bill targeted them in particular. They raised concern about the proposed provision criminalising the giving of support to terrorist organisations and financial support in particular. The events of 11 September 2001 in the USA gave rise to an international diplomatic initiative requiring every country to determine whether its legislation could be applied successfully to combat terrorism and to cooperate with other jurisdictions. Internationally the attention shifted to the combating of the financing of terrorism. South Africa is obliged to respond to these developments.
The finalisation of the Commission's investigation into terrorism occurred against this background. The Commission has had the benefit of considering numerous precedents set by other countries which have passed legislation since September 11, 2001.
The Commission ascertained that there are shortcomings in South African legislation and that they should be remedied. The offence of terrorism currently set out in section 54(1) of the Internal Security Act of 1982, relates only to terrorism aimed at the South African Government or population. International terrorism is, however, often directed at foreign officials, guests, embassies and the interests of foreign states. The offence of terrorism as it exists in South African law is therefore clearly inadequate as its operation is too narrow. The South African legislation for combating terrorism should be brought in line with the international conventions dealing with terrorism, our law should provide for extra-territorial jurisdiction, and financing of terrorism must be addressed. There is therefore a need for legislation dealing with terrorism.
The Bill recommended in the report differs fundamentally from the one provisionally proposed in the discussion paper. Detention for interrogation no longer forms part of the Bill. In its place it is suggested that provision should be made for investigative hearings which closely resemble the procedure contained in section 205 of the Criminal Procedure Act of 1977 in order to obtain information from a person suspected of being in possession of information on terrorist acts. The provisions on investigative hearings are also based on recently introduced Canadian procedure. A brief period of detention is possible under the Bill but provision is made for legal representation and bail may be granted. As many other safeguards as possible have been incorporated to ensure that the Bill can withstand constitutional scrutiny.
Provision is also made in the Bill for preventative measures. This entails that a person suspected of being about to commit a terrorist act can be brought before a court to enter into an undertaking to refrain from certain activities. The Bill provides that the court may impose conditions to ensure compliance, such as that the person be prohibited from possessing any weapon or explosive for any period specified in the undertaking.
The Bill also provides for forfeiture of terrorist property and property used for terrorist purposes. Provision exists currently for asset forfeiture under the Prevention of Organised Crime Act of 1998. The provisions on forfeiture of terrorist property are based on these provisions. The recent challenge of the Prevention of Organised Crime Act in the case of Mohamed v NDPP heard by the Constitutional Court was taken into account when the Bill was formulated. The Court raised concern about owners being heard on applications for forfeiture of their property. The absence of a rule nisi procedure was also in contention in the Mohamed case. The Bill addresses these issues.
The Bill defines a terrorist act as one that is committed (inside or outside the country) for a political, religious or ideological purpose, objective or cause with the intention of intimidating the public with regard to its security, or of compelling a person a government or a domestic or an international organisation to do or to refrain from doing, any act, whether the person, government or organisation is inside or outside the Republic, and which act causes death or serious bodily harm to a person by the use of violence or endangers a person's life, or causes a serious risk to the health or safety of the public, or causes substantial damage to property, or causes serious interference with or serious disruption of an essential service, facility or system. The Bill excludes action taken as a result of lawful advocacy, protest, dissent or stoppage of work that does not involve an activity that is intended to result in the conduct or harm referred to in the Bill. The Bill also excludes conventional military action in accordance with customary international law or conventional international law.
The Bill in addition deals with offences set out in international conventions which identify certain acts as constituting terrorist acts. They are the hijacking of aircraft; endangering the safety of maritime navigation; bombing offences; taking of hostages; the protection of internationally protected persons and the protection of property occupied by foreign governments; offences involving interference with fixed platforms on the high seas and on the continental shelf; and offences with regard to nuclear matter and facilities.
Provision is also made for the proscription of terrorist organisations by the Minister, for revocation of proscription by the Minister and for the Minister's decisions to be taken on review by the High Court.
Following the events of 11 September 2001, there has been nationally and internationally a significant number of false alarms involving packages or letters containing apparently hazardous material, which have highlighted the need to have specific offences on the statute book and for tough penalties to deter such malicious and irresponsible action.
Finally, extradition procedures are also incorporated in the Bill.
The report will be made available on the Internet at the following site: http://www.law.wits.ac.za/salc/salc.
CONTACT FOR ENQUIRIES IN RESPECT OF MEDIA STATEMENT: MR PA VAN WYK (012) 322 6440 E-mail: pvwyk@salawcom.org.
<fn>GOV-ZA.2002Pr107En.2012-02-10.en.txt</fn>
The Sexual Offences Act 1957 regulates various aspects of prostitution. The keeping of brothels, the procurement of women as prostitutes, soliciting by prostitutes, and living off the earnings of prostitution inter alia is criminalised. In addition, various other pieces of legislation such as the Liquor Act 27 of 1989 and municipal by-laws apply to prostitutes. Of particular interest is section 20(1)(aA) of the Sexual Offences Act, 1957 which provides that any person who has unlawful intercourse or commits an act of indecency with any other person for reward is guilty of an offence. The section was declared inconsistent with the Constitution and therefore invalid in the Transvaal Division of the High Court in Jordan and others v The State 2002 (1) SACR 19 (TPD). This finding is currently awaiting confirmation by the Constitutional Court.
This issue paper deals with adult prostitution and is the first paper of the third leg in the series of the investigation into sexual offences (Project 107). The issue paper sets out three legal options in the management of adult prostitution.
· Criminalise all aspects of adult prostitution; · Legalise adult prostitution within certain narrowly circumscribed conditions; · Decriminalise adult prostitution which will involve the removal of laws that criminalise prostitution.
The issue paper gives an exposition of the implications of each option and poses questions in respect of each of the options presented. At this stage of the investigation and pending the decision of the Constitutional court in the Jordan matter the Commission has decided not to take a particular position as to any of the options. Consequently no draft legislation is proposed at this stage.
The Commission has covered all aspects related to child prostitution in the first two discussion papers (Discussion Papers 85 and 102) in this investigation as well as in Discussion Paper 103 on the Review of the Child Care Act. The Commission's preliminary view is that the conduct of persons who engage in child prostitution should be fully criminalised whilst the child prostitute should be regarded as a victim in need of care and protection.
The issue paper is published in full so as to provide persons and bodies wishing to comment or make suggestions for the reform of this particular branch of the law with sufficient background information to enable them to place focussed submissions before the Commission. Comments and submissions on the issue paper are invited. After the consultation process, the Commission will prepare a discussion paper, with draft legislation if appropriate.
CONTACT ENQUIRIES IN RESPECT OF MEDIA STATEMENT: MR G O HOLLAMBY: (012) 3226440 E-mail: gordon@salawcom.org.
<fn>GOV-ZA.2002Pr114En.2012-02-10.en.txt</fn>
The South African Law Commission has completed a report on the publication of divorce proceedings by the media. The report, containing draft legislation aimed at amending section 12 of the Divorce Act, 1979, has been submitted to the Minister for Justice and Constitutional Development on 29 August 2002.
The South African media are, in terms of sec 12 of the Divorce Act 70 of 1979, currently prohibited from publishing any particulars of a divorce action or any information which comes to light in the course of such an action other than the names of the parties to a divorce action, the fact that a divorce action between the parties is pending in a court of law and the judgment or order of the court. The prohibition does not apply to the publication of particulars or information for the purposes of the administration of justice, in a bona fide law report, or for the advancement of or use in a particular profession or science.
However, since the provision does not have extraterritorial operation, the foreign media who are allowed to attend proceedings in courts are unrestricted in their reportage of South African divorce proceedings. Since South African citizens have access to the foreign media and the press, the whole purpose of the prohibition is defeated?
There are furthermore clear indications that at present sec 12 of the Divorce Act is simply being defied by the South African media. An important reason why the section is not enforced is that it is seen as being unconstitutional. South Africa has a Constitution with a Bill of Rights which entrenches, amongst others, the right to freedom of speech, freedom of information and the rights to privacy and dignity. These rights are interactive and have to be balanced. Sec 28(2) of the Constitution furthermore specifically protects the rights of children.
During its deliberations the Commission found unanimous support for its view that sec 12, as it stands, is unlikely to survive constitutional scrutiny. The section is overly broad in that it imposes a blanket ban without giving the court any discretion to determine whether or in what respects the case should be held in camera or whether media disclosure should be permitted or prohibited. Since the section is also largely ineffectual for various reasons, it was clear that the section had to be either amended or repealed.
The Commission's investigation revealed four possible options for reform which were set out for comment in a discussion paper, published last year. In evaluating the response received to the discussion paper it was clear that most commentators felt that the privacy of parties to a divorce should be respected as far as possible; that in the context of divorce, it would be appropriate for the press to have to make out a case for publication; and that children involved in divorce cases stand in need of special protection.
· close the court at any stage of the proceedings where there is a likelihood that harm may result to a child as a result of the hearing of any evidence.
The issues have been debated thoroughly. Responses from many interested bodies and individuals have been elicited, and consultations on the practical implications of the different options have been held. The Commission duly considered each contribution and incorporated the ideas put forward where appropriate. It is the opinion of the Commission that the proposed amendment of section 12 will achieve an appropriate balance between the very important constitutional right to freedom of expression on the one hand and the equally important right to privacy on the other.
CONTACT FOR ENQUIRIES IN RESPECT OF MEDIA STATEMENT: MS A M LOUW : (012) 322 6440 E-mail: alouw@salawcom.org.
<fn>GOV-ZA.2002Prj73En.2012-02-10.en.txt</fn>
The South African Law Commission has completed a report on a more inquisitorial approach to criminal procedure - police questioning, defence disclosure, the role of judicial officers and judicial management of trials.
The report considers the extent to which a suspect/accused could legitimately be questioned and hence used as a source of evidence at the different stages of the criminal justice process (from pre-trial to the trial phase); different options to make police questioning more effective, including by bringing it under control of codes of conduct, or under judicial control, or by legislating police questioning; the consequences of and constitutional implications of police questioning having due regard to the right to silence; and the different admissibility requirements for admissions and confessions.
Where a suspect is questioned by the police in the course of their investigations and fails to disclose a matter that is subsequently relied upon in his or her defence.
Although the proposals raise a concern that to encourage the questioning of suspects by the police carries with it the danger that suspects would be overreached, it must be borne in mind that the present proposal does not introduce an innovation in that respect. There is nothing to prevent the police from questioning suspects, and from thereby securing admissions or confessions, which might be admissible in evidence against the accused if the grounds for such admissibility are established. The proposal does no more than to place the suspect under the risk that if he or she fails to disclose something to the police which is later relied upon in support of the defence, a court might disbelieve the accused. Moreover, a court is not obliged to draw an adverse inference against a suspect, even where it is justified, and it will be open to a court to exclude evidence of what occurred during questioning if it is not satisfied that the accused was fairly treated.
The proposal is also moderated by limiting its application to questioning which has taken place substantially in accordance with a Code of Conduct promulgated in terms of the Police Act.
Where, upon arrest, a suspect is asked to account for objects, substances or marks found on or in the suspect's possession.
Where, upon arrest, the suspect is asked to account for his or her presence at the place where he or she was found.
The Commission concludes that there appears to be no substantial objection to a court drawing an adverse inference if the person fails to provide an explanation of his or her possession of objects, substances or marks at the time of arrest, or the failure of the suspect to explain at the time of arrest his or her presence at the scene of a crime, nor does the Commission believe that to permit a court to do so will open the way to police misconduct.
Our law draws a distinction between admissions (whether by words or by conduct) and confessions in determining the "threshold" requirements for admissibility. The significance of the distinction is that the requirements for admissibility are more onerous for confessions than for admissions. For an admission to be admitted into evidence it must be established that it was made "voluntarily", and that term has been restrictively interpreted. An admission is not voluntary if it has been induced by a promise or threat proceeding from a person in authority. A confession may be admitted into evidence only if it was made "freely and voluntarily" by the accused in his "sound and sober senses and without undue influence". If the confession was made to a peace officer other than a magistrate or justice, the confession must be reduced to writing and confirmed in the presence of a magistrate or justice.
The report considers a proposal that there should be common requirements for the admissibility of confessions and admissions and concludes that the proposal is largely uncontroversial. What is contentious is whether incriminatory statements made to police officers should be dealt with on a different basis. Bearing in mind that incriminating statements will be admissible only if it is established by the prosecution that the statement was made freely and voluntarily, while the person was in his or her sound and sober senses, and without having been unduly influenced thereto, the Commission is of the view that no purpose is served by an additional requirement that such statements made to the police should be reduced to writing. The Commission recommends that the Criminal Procedure Act be amended to provide for common requirements for the admissibility of all statements or conduct of the accused which might be self-incriminatory, without distinguishing between police officers and others.
Disclosure by the defence of specific defences The Commission concludes that there is merit in the proposal with regard to the disclosure of specific defences and the intention to call expert evidence and recommends an amendment to the Criminal Procedure Act to this effect. The sanction that is sought to be imposed for failure to make such disclosure is that the accused will not be permitted to raise the particular defence, or call the expert witness, as the case may be, without the leave of the court. The proposal provides specifically, however, that the court may not refuse such leave if the accused was not informed of his or her obligations.
The Commission's recommendations are confined to specific defences, in respect of which the accused in any event has a duty either to introduce or disclose the defence. It is already well established in our law that an alibi might be regarded with scepticism if it is not disclosed in advance. A defence raising justification for otherwise unlawful conduct, or suggesting that the accused was not criminally capable at the time the offence was committed, must also be raised by the defence before the prosecution is required to exclude it. Moreover, there can be little doubt that where such an issue is raised by the defence at a late stage of the trial, the prosecution will be permitted a postponement, or be permitted to reopen its case if necessary, in order to deal with the issue. Similar considerations apply in relation to the calling of expert evidence. Accordingly the proposals are not radical and merely seek to ensure that these matters are raised timely so as to avoid delays in the trial.
The Commission recommends that legislation be introduced in terms of which the prosecution is obliged to provide the defence with documents which tend to exculpate the accused; statements of witnesses, whether or not the state intends to call them; and any material which is reasonably required to enable the accused to prepare his or her defence. In addition the circumstances under which the prosecution may withhold information are outlined, for example, where it is not required in order to enable the accused to exercise his or her right to a fair trial; where disclosure of the information could lead to the disclosure of the identity of an informer or state secrets; and where there is reason to believe that disclosure of the information would prejudice the course of justice.
The Commission does not support the proposal for reciprocal disclosure by the defence and the prosecution and is of the view that the proposal for reciprocal disclosure would be workable only if a distinction were to be made between those accused who are represented and those who are not. Such a distinction is not desirable, and to make such a distinction would in any event pave the way for the legislation to be circumvented.
The Commission recommends that the Criminal Procedure Act be amended to provide that, at the commencement of the trial, the judicial officer be placed in possession of the material which by that stage already is in the hands of both parties, and which will enable him or her to evaluate how to conduct the trial. One of the functions of the judicial officer is to control the conduct of the trial and this proposal does not purport to introduce any innovation in that respect: it merely aims at equipping the judicial officer to perform that task more effectively.
· Possible ways of enhancing judicial management of trials and case management.
The report considers whether provision should be made for pre-trial conferences and, if so, the extent to which legislation are necessary. The purpose of such a conference is to attempt to limit the issues in the trial and generally to facilitate the efficient disposal of the matter.
There are at least some cases in which a pre-trial conference could be of material assistance in the conduct of the trial. Bearing in mind that the holding of such a conference will not be compulsory, but in the discretion of the judicial officer, the Commission is of the view that it is desirable to provide a formal structure for that to take place. The Commission therefore recommends that statutory provision be made for pre-trial conferences. In terms of the proposal the presiding officer may on application of the prosecutor or the accused direct the prosecutor and the accused to appear before him or her to consider matters which may aid in the disposal of the trial, for example, the identification of issues not in dispute; the possibility of obtaining admissions of fact with the aim to avoid unnecessary evidence; and the disclosure of sufficient details where the defence intends to raise a special defence such as an alibi.
The Commission also recommends that section 115 of the Criminal Procedure Act be amended to oblige the presiding officer to inform an accused of the right to silence; of the consequences of remaining silent; that he or she is not obliged to make any confession or admission; and to ask him or her whether he or she wishes to make a statement indicating the basis for defence. It also obliges the presiding officer to question an accused where the accused fails to disclose the basis of the defence.
The report will be made available on the Internet at the following site: http://www.law.wits.ac.za/salc/ salc.
CONTACT FOR ENQUIRIES IN RESPECT OF MEDIA STATEMENT: MR W VAN VUUREN (012) 322-6440 E-MAIL: wvvuuren@salawcom.org.
<fn>GOV-ZA.2002Prj73aEn.2012-02-10.en.txt</fn>
The South African Law Commission has completed a report on out of court settlements. The report considers whether there is a need in South Africa to develop procedures that provide for the settling of criminal cases without having to go to court, and if so, the best way in which this can be achieved within the South African context.
The international trend to have some criminal cases dealt with out of court is based mainly on two considerations: to increase the cost-efficiency of the criminal justice process through simplified and streamlined procedures, and to deal with mass crime outside of the traditional criminal process, so that the courts have more time to deal adequately with increasingly complex cases.
An out of court settlement is defined as an agreement between the prosecution and the defence in terms of which the accused undertakes to comply with conditions as agreed upon between the parties, in exchange for the prosecutor discontinuing the particular prosecution. Such conditional discontinuation of prosecution results in the diversion of the matter from the trial process. An out of court settlement needs to be distinguished from other pre-trial procedures and agreements. It is distinct from sentence and plea agreements in that these follow upon a decision by the prosecutor to institute a prosecution. The agreement may affect the offences for which the accused is finally charged, but it invariably results in the conviction and sentence of the offender. Therefore, such offender will have been put through the entire criminal process and will end up with a criminal record. An out of court settlement does not involve the entire criminal process, does not lead to a conviction and does not result in a criminal record.
The Commission concludes that the formal recognition of a procedure to settle criminal cases out of court will have particular advantages for the criminal justice process in South Africa.
· protect victims from publicity, and from having to be subjected to cross-examination, while giving them the benefit from compensation or restitution by the accused.
· The prosecutor may, before evidence has been adduced against the accused and considering all the facts at his or her disposal, enter into an out of court settlement with the accused if he or she is satisfied that it is in the public interest to do so and that the court would upon conviction impose a sentence other than imprisonment or imprisonment for a period not exceeding one year.
o whether, in the case of an accused with two or more previous convictions for the same or similar offences or an accused who has entered into a settlement on two or more occasions for the same or similar offences, there are substantial and compelling circumstances meriting the settlement; and o the interests of the victim of the crime.
· In terms of the settlement the prosecution may undertake to discontinue the prosecution on condition that the accused complies with the conditions as agreed upon in the settlement.
· An out of court settlement can only be entered into once a charge sheet, setting out the offence or offences for which the accused is being charged, has been served on the accused (through the accused's legal representative, if the accused is legally represented); and if the prosecution is satisfied that there is sufficient evidence to warrant the prosecution of the accused.
· In exercising its discretion the prosecution must, if circumstances permit, obtain the views of the victim of the offence, and must consider such views, before entering into a settlement with the accused.
o The rendering to the person aggrieved of some specific benefit or service in lieu of compensation for damage or pecuniary loss.
o The performance without remuneration of some service for the benefit of the community under the supervision or control of an organization or institution which, or person who, promotes the interests of the community.
o Payment of an amount of money of not more than the amount prescribed from time to time by the Minister in the Gazette, to the State or a state agency as directed by the prosecution.
o Submission to instruction or treatment.
o Submission to supervision or control of a probation officer.
o The compulsory attendance or residence at some specified centre for a specified purpose.
· The terms of the out of court settlement must be in writing and must be signed by the prosecutor and the accused. In order to address the risks of fraud and abuse it is proposed that the settlement has to be approved by the Director of Public Prosecutions having jurisdiction. It is also proposed that a settlement should be subject to review and that the settlement may be amended on good cause shown.
· If the accused fails to comply with any of the conditions of the out of court settlement and the prosecutor is satisfied that such failure was beyond the accused's control, the prosecutor may, having due regard to the extent to which the conditions of the prior settlement has been complied with, enter into a further out of court settlement.
· If the accused fails to comply with any of the conditions of the out of court settlement the criminal proceedings against the accused on that charge can be resumed from the point when the out of court settlement was entered into.
· Once the accused has complied with the conditions of the out of court settlement, the charge is considered finalised and no prosecution resulting from the same offence may be instituted.
CONTACT FOR ENQUIRIES IN RESPECT OF MEDIA STATEMENT: MR W VAN VUUREN (012) 322-6440 E-MAIL: e-mail: wvvuuren@salawcom.org.
<fn>GOV-ZA.2002RomeStatuteEn.2012-02-10.en.txt</fn>
The Minister for Justice and Constitutional Development has, under section 38 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), made the regulations in the Schedule.
Certificate by interpreter?
Transfer of prisoner?
Registration of restraint order?
Service of notice of registration of restraint order ?
Application for setting aside of registration of restraint order1?
Registration of sentence or compensatory order1?
Notice of registration of sentence or compensatory order1?
Application for setting aside of registration of confiscation order1?
apply means apply on motion, and application has a corresponding meaning?
court day means any day other than a Saturday, Sunday or public holiday?
member of the South African Police Service means a member, as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995)?
sheriff means a person appointed under section 2 of the Sheriffs Act, 1986 (Act No. 90 of 1986), and also a person appointed under sections 5 and 6 of that Act as an acting sheriff or a deputy sheriff, respectively; an?
the Act means the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002)?
2.         A request sent to the Central Authority by the Court shall, unless the contrary is proved, be deemed to constitute the authorisation of the Court to the government of the Republic to act  on behalf of the Court in any proceedings under the Act.
(b)        an affidavit made by a person in his or her capacity as an officer of the South African Reserve Bank shall be conclusive proof of the exchange rate prevailing on that particular day.
4         (1)             The summons referred to in section 16(1) of the Act must substantially correspond with Form 1 of the Annexure.
(b)        at the said person's residence or place of business or employment to a person apparently not less than 16 years of age and apparently residing or employed there.
(3)        The member of the South African Police Service or sheriff shall, on the original summons, certify the manner in which the summons was served and forthwith return the summons to the magistrate who required service thereof.
5.         (1)             If the services of an interpreter are to be used in the examination of a witness in terms of section 16 of the Act, the magistrate shall, before examining the witness, caution the interpreter that he or she will be required to certify that he or she translated truthfully and to the best of his or her ability, and note such caution on the court record.
(2)        Upon completion of the examination of a witness in terms of section 16 of the Act, the interpreter shall in writing certify under oath or affirmation that he or she translated truthfully and to the best of his or her ability, and such a certificate must substantially correspond with Form 2 of the Annexure.
6.         The warrant for the transfer of a prisoner referred to in section 20(b) of the Act must substantially correspond with Form 3 of the Annexure.
recording the restraint in respect of the property specified in the order and full particulars of that property, in so far as such particulars are available, on the case cover in which the restraint order is filed.
a reference to the provisions of regulation 10.
at the said persons place of employment to a person apparently not less than 16 years of age and apparently in authority over the said person or, in the absence of such a person in authority, to a person apparently not less than 16 years of age and apparently in charge at the said persons place of employment?
in the case of a minister, deputy minister or premier in his or her official capacity, the State or a provincial government, at the Office of the State Attorney in Pretoria, or a branch of that Office which serves the area of jurisdiction of the court from which the notice has been issued.
(2)        A sheriff must, on request by the person upon whom a notice is served, exhibit to him or her the original of the notice.
(3)        Where the person upon whom a notice is to be served keeps his or her residence or place of business closed and thereby prevents the sheriff from serving the notice, it shall be sufficient to affix a copy thereof to the outer or principal door or security gate of such residence or place of business, or to place such copy in the post box at such residence or place of business.
(4)        Where the sheriff is unable after diligent search to find at the residence or place of business of the person upon whom a notice is to be served, either that person or a person referred to in subregulation (1)(b) or, in the case of a juristic person referred to in subregulation (1)(d), a director or a responsible employee or servant, it shall be sufficient to affix a copy of the notice to the outer or principal door or security gate of such residence, place of business, registered office or main place of business.
in the case of a syndicate, unincorporated company, club, society or church, in which case service may be effected by delivery at the local office or place of business of such body or, if there be none such, by service on the chairperson or secretary or other responsible officer thereof in any manner prescribed by this regulation.
(6)        The sheriff shall, on a form substantially corresponding with Form 5 of the Annexure, endorse the manner in which the copy of the notice was served, and shall attach the form to the notice and return it to the registrar of the High Court from whom he or she received such notice:  Provided that where such service has been effected in the manner prescribed by subregulation (1)(b),(c), (d) or (e), the sheriff shall indicate in the return of service of the notice concerned the name of the person on whom  he or she served the notice and the capacity in which that person stands in relation to the person, juristic person or institution to whom the notice is addressed, and where such service has been effected in the manner prescribed by subregulation (1)(b) or (c) the court may, if there is reason to doubt whether the notice served has come to the actual knowledge of the person on whom it is to be served, and in the absence of satisfactory evidence, treat such service as invalid.
(7)        Where a court is satisfied that service cannot be effected in any manner prescribed in this regulation and that the action is within its jurisdiction, the court may on application make an order allowing service to be effected by the person and in the manner specified in such order.
(8)        Any member of the South African Police Service may, if so requested by a sheriff, assist that sheriff to effect the service of a notice.
in the absence of an agreement referred to in paragraph (a)(i), be informed of registration of the order by sending a copy of the written  notice of registration to that person by registered mail.
(b)  The registrar of the High Court sending a copy of the notice in terms of paragraph (a)(ii) to the person against whom the restraint order has been made, shall require that proof of receipt thereof be returned to him or her by the relevant postal authority.
(1)                 A person against whom a restraint order has been made may within 20 court days from the date on which the registration of the restraint order at a High Court came to his or her knowledge and in terms of the rules of that court apply for the setting aside of the registration of the restraint order.
that applicant was informed of such registration in any other  manner, he or she had knowledge of such registration on the date which he or she was so informed.
recording in favour of the Republic, as represented by the Cabinet member responsible for the administration of justice, the balance in the currency of the Republic of the amount payable thereunder, on the case cover in which the document confirming the sentence or compensatory order is filed.
the balance in the currency of the Republic of the amount payable under the sentence or order.
(2)        (a)    Where the person upon or against whom the sentence has been imposed or order has been made is present in the Republic, the written notice of registration of the sentence or order, together with a copy thereof, shall be delivered to a sheriff who shall serve such notice on that person in accordance with the manner provided for in regulation 9(1) to (5), and the provisions of regulation 9(6) to (8) shall, read with the changes required by the context, apply to such service.
in the absence of an agreement referred to in paragraph (b)(i), be informed of registration of the sentence or order by sending a copy of the written notice of registration to that person by registered mail.
(c)            The clerk of the court or registrar sending a copy of the notice in terms of paragraph (b)(ii) to the person upon or against whom the sentence or order has been imposed or made, shall require that proof of receipt thereof be returned to him or her by the relevant postal authority.
where the order was made for the recovery of particular property, full particulars of that property, in so far as such particulars are available, in favour of the Republic as represented by the Cabinet member responsible for the administration of justice, on the case cover in which the certified copy of the confiscation order is filed.
(2)        (a)    Where the person against whom the confiscation order has been made is present in the Republic, the written notice of registration of the confiscation order, together with a copy thereof, shall be delivered to a sheriff who shall serve such notice on that person in accordance with the manner provided for in regulation 9(1) to (5), and the provisions of regulation 9(6) to (8) shall, read with the changes required by the context, apply to such service.
(c)            The clerk of the court or registrar sending a copy of the notice in terms of paragraph (b)(ii) to the person against whom the confiscation order has been made, shall require that proof of receipt thereof be returned to him or her by the relevant postal authority.
15.            (1)                 A person against whom the registration of a confiscation order has been made may within 20 court days from the date on which the registration of the confiscation order at a High Court or a magistrates court came to his or her knowledge and in terms of the rules of that court apply for the setting aside of the registration of the order?
that applicant was informed of such registration in any other  manner, he or she had knowledge of such registration on the date on which he or she was so informed.
You are hereby summoned to appear in person at 09:00 before the Magistrates Court ?
For the District:.
Held at:...
On :.
and to remain in attendance, and with regard to the matter of the International Criminal Court and..
WARNING:  Failure to comply with this summons is a criminal offence and may render you liable to a fine or to a term of imprisonment not exceeding five years.
You are hereby commanded to?
upon service of this summons, certify the manner in which it was served below.
I, the undersigned, certify that I have served this summons upon the within-named person by?
delivering as he/she could not be found, a true copy to ....
a person apparently over the age of 16 years and apparently residing or employed at the witnesss place of *RESIDENCE/EMPLOYMENT/BUSINESS?
The nature and import of this summons was explained to the recipient thereof.
Time .. Day Month Year.
Place..
I, . (full name) do hereby swear/truly affirm that I did truthfully and to the best of my ability interpret from the English language to the language and vice verca as I was called upon to do in the examination of ..  held in the Magistrates Court of .  on the .. (date) for the purposes of granting assistance in the matter of the International Criminal Court and  ?
(a)        Do you know and understand the contents of the above declaration?
(b)        Do you have any objection to taking the prescribed oath?
(c)        Do you consider the prescribed oath to be binding on your conscience?
I hereby certify that the deponent has acknowledged that *he/she knows and understands the contents of this declaration, which was *sworn to/affirmed before me, and the deponents *signature/thumb print/mark was placed thereon in my presence?
Dated at this day of 20.. ?
Full names.
Area for which appointed.
Business address...
acting on behalf of the International Criminal Court established by Article 1 of the Rome Statute of the International Criminal Court.
You are hereby, in terms of section 20 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No.
return the person to the custody of the above-mentioned prison in the Republic of South Africa without delay when the purposes of the transfer have been fulfilled, unless I notify you in writing that the above-mentioned prisoners term of imprisonment will expire while he or she is still in custody of the International Criminal Court?
Case No..
You are hereby notified that a restraint order in respect of the property and with the effect  described hereunder has, in terms of section 22(2) of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), been registered at the High Court (Division), on the day of .......................... 20...............
Note:    (1)            The registered restraint order has the effect of a restraint order made by the above-mentioned High Court under the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998).
(2)            In terms of regulation 10 of the Implementation of the Rome Statute of the International Criminal Court Regulations, 2002, you may within 20 court days from the date on which the registration of the restraint order came to your knowledge, and in terms of the rules of the court, apply to the above-mentioned High Court for the setting aside of the registration of the order.  If the notice was not served on you personally it is presumed that registration came to your knowledge within ten days after the date of service of the notice.
(3)            Section 24 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), sets out the grounds on which a court may set aside the registration of the restraint order.
Signed at on this day of ............................................... 20.............
(a)            delivered a copy of the notice to.
(b)            delivered a copy of the notice to.
(c)            delivered a copy of the notice to.
a person apparently not less than 16 years of age and apparently residing or employed at the *residence/or place of business of.
, in his or her capacity as  ................................................. of................................................
(d)            delivered a copy of the notice to , a person apparently not less than 16 years of age and who is apparently in authority over or in charge at the place of employment of , in his or her capacity as ................................................................................................................ of.......................................................................................................
in his or her capacity as of............................................................
(i)            served a copy of the notice in the manner ordered by court [regulation 9(7)].
Time Day Month ............................................... 20.............
You are hereby notified that, in terms of section 25(2) of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), a  *sentence/order for the payment of the amount of has been registered at the *High Court . Division/Magistrate's Court for the district of ................................. on the ............. day of ........................... 20..............?
Notification is given to you since you are the person *on whom the said sentence was imposed/against whom the said order was made/who has effective control over relevant property in the Republic of South Africa.
Note:   The registered  *sentence/order has the effect of a civil judgment of the above-mentioned *High Court/Magistrate's Court, for the amount reflected in favour of the Republic of South Africa as represented by the Cabinet member responsible for the administration of justice.
Signed at on this day of ............................... 20............?
You are hereby notified that, in terms of section 27(3) of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), a confiscation order *in respect of the property described hereunder/for the payment of the amount of has been registered at the *High Court .. Division/Magistrate's Court for the District of on the ....... day of ......................... 20............... ?
Note:    (1)            The registered confiscation order has the effect of a civil judgment of the above-mentioned *High Court/Magistrate's Court in favour of the Republic of South Africa as represented by the Cabinet member responsible for the administration of justice.
(2)            In terms of regulation 15 of the Implementation of the Rome Statute of the International Criminal Court Regulations, 2002, you may within 20 court days from the date on which the registration of the confiscation order came to your knowledge, and in terms of the rules of the court, apply for the setting aside of the registration of the order to the above-mentioned *High Court/Magistrate's Court.  If the notice was not served on you personally it is presumed that registration came to your knowledge within ten days after the date of service of the notice.
(3)            Section 29 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), sets out the grounds on which a court may set aside the registration of a confiscation order.
Signed at on this day of .................................... 20.............
<fn>GOV-ZA.2002V7n1JanEn.2012-02-10.en.txt</fn>
Vol. 7 No.
The Commission's term of office expired on 31 December 2001. A new Commission is in the process of being appointed.
Since publication of the previous Bulletin, two Issue Papers have been published for general information and comment.
The Commission is involved in an investigation dealing with the question of the legal recognition and regulation of domestic partnerships - that is, established relationships between people of the same or opposite sex. The investigation is aimed at harmonising family law with the provisions of the Bill of Rights and specifically, with the constitutional values of equality and dignity. As a first step in this process the Commission released an Issue Paper dealing with domestic partnerships, in the form of a questionnaire, for comment and discussion.
Marriage is currently the only legally recognised form of intimate partnership. Domestic partnerships, on the other hand, are virtually unrecognised and partners are excluded from the rights and obligations which attach automatically to marriage.
The number of people living in non-marriage relationships has, however, increased worldwide and also in South Africa. In research on marriage conducted by Statistics South Africa, approximately 40 percent of African and Coloured women indicated that they had been in marriages of one kind or another (religious, customary or civil). This suggests that large numbers of South Africans live with their intimate partners without marrying.
Social customs have changed radically, outdating early notions of marriage as the only form of acceptable relationship. Domestic partnerships have come to be perceived in many cases as functionally similar to marriage. More and more legal problems associated with domestic partners and their families are coming to the attention of the courts and of lawyers generally. South Africa is, however, far behind many countries in its development of appropriate laws. Tanzanian law, for example, protects the rights of couples in opposite-sex partnerships, Denmark recognises same-sex partnerships, while the Netherlands and Germany recognise same-sex marriage.
In the recent past the courts have carried much of the responsibility for crafting family law and policy with regard to domestic partners by creatively applying non-family laws, including the law of unjust enrichment, estoppel and contract, to domestic partners who have been excluded from family law regimes. The Constitutional Court has furthermore upheld a constitutional challenge under sec 9 (equality) on the ground of sexual orientation. With the extension of statutorily defined benefits (sometimes including domestic partnerships into the definition of "spouse" for various purposes), there has also been increasing recognition of these relationships outside marriage. The law of marriage itself has undergone major changes, for example with the recognition of the "no-fault" divorce, the recognition of customary marriages and changes in matrimonial property rules. These developments have led to a patchwork of laws that do not express coherent family policy.
Whether domestic partnerships should be legally recognised and regulated.
Whether marital rights and obligations should be further extended to domestic partnerships.
Whether a scheme of registered partnerships should be introduced.
Which marital rights, obligations and benefits should require registration or marriage and which should depend only on the existence of a domestic relationship.
Whether legislation should provide for same-sex marriage.
Whether marital rights and obligations should be further extended to people living in interdependent relationships having no sexual element.
The closing date for comment on Issue Paper 17 had been 30 November 2001 and was extended to 31 December 2001.
The Issue Paper deals with the need for measures to protect the interests of adults whose capacity to act in the legal sense and to litigate has for some reason been diminished.
Diminished capacity can be the result of mental illness, inability to communicate because of a physical or other disability, head injury, stroke, learning disability, a specific disease (including diseases such as Alzheimer's and Parkinson's diseases) or may be related to ageing in general.
The legal principles governing mental incapacity are the same, irrespective of how the incapacity was caused. Any mental incapacity that affects a person's intellect and judgment will in terms of South African private law affect his or her capacity to act in the legal sense (eg to enter into a contract) and to litigate (i e to appear in court as a party to a suit). These capacities depend on whether the person in question is "insane" or not at the relevant time.
A person is insane if he or she is incapable of managing his or her affairs. An insane person's capacity to act is determined by common-law principles as extended by the courts and is currently not all regulated by legislation. Current statutory measures (the Mental Health Act 18 of 1973) applicable to mentally ill persons must be distinguished from the common-law principles and apply to the reception, detention and treatment of mentally ill persons. Measures contained in the Act concerning the care and administration of the property of a mentally ill person likewise only relate to "patients" (i e persons detained, supervised, controlled and treated in terms of the Act).
At present the legal solution to the problem of persons who cannot manage their own affairs takes the form of curatorships: A curator can be appointed by the court to an individual's person (a curator personae) to see to his or her personal welfare (including making decisions eg on where the person should stay, and whether he or she should be admitted to an institution or undergo medical treatment). A curator bonis can be appointed to protect the proprietary interests of a mentally incapacitated person. In addition to these, an individual can allow another to act on his or her behalf, for certain purposes or generally, through a power of attorney. However, for a power of attorney to be valid, the person granting the power must have contractual capacity. A change of status (which could be caused by insanity) will thus terminate the agency.
The existing system of curatorships has been criticised on the ground that it suffers from a number of serious and frustrating difficulties. The problem of a power of attorney ceasing on incapacity has also caused concern. As early as 1988 the Commission undertook an investigation with a view to improving the plight of mentally incapacitated persons. Recommendations by the Commission for the provision of enduring powers of attorney (i e for providing that a power of attorney remain in force despite the fact that the principal has become mentally incapacitated) were, however, not promoted by the government at the time.
The number of persons suffering from diminished capacity are increasing worldwide and also in South Africa. The aged population (i e the elderly over pensionable age) in South Africa currently consists of about 7% of the total population.
Many of these persons will gradually lose their ability to administer their assets and to care for themselves. The number of persons with dementia (a broad term referring to a condition in which a person's cognitive functions decline) are also increasing and although little is known about the specific prevalence of dementia in South Africa, it is expected that it would increase because of the ageing of the population in accordance with world-wide trends. Moreover, in 1996 7% of the South African population was classified as disabled. These included persons suffering from disabilities relating to sight and hearing as well as mental disabilities.
In several comparable legal systems enduring powers of attorney have been introduced in the 1980's. More recently comprehensive legislative schemes to deal with the problems faced by incapable adults, their families and caregivers have been introduced through law reform. The latter include reform in England, Australia, Canada and most notably and recently in Scotland. In some of these countries completely new systems comprising substitute "decision-makers" have replaced old and intrusive systems, which required appointment of public officials where it was unnecessary.
The closing date for comment on Issue Paper 122 is 28 February 2002.
An interim report which recommended the formal recognition of a process of plea negotiations in the Criminal Procedure Act 51 of 1977 was submitted to the Minister for Justice and Constitutional development in 2001. In this report the Commission concluded that the process of plea bargaining should be statutorily recognised and that a separate investigation should be launched into out-of-court settlements of criminal cases.
The aim of the discussion paper is to determine whether there is a need in South Africa to develop procedures that provide for the settling of criminal cases without having to go to court, and if so, the best way in which this can be achieved within the South African context.
Particular attention is given to the international trend to have certain criminal cases dealt with out of court. This trend is based mainly on two considerations: firstly to increase the cost-efficiency of the criminal justice process through simplified and streamlined procedures, and secondly to deal with mass crime outside of the traditional criminal process, so that the courts have more time to deal adequately with increasingly complex cases.
In the discussion paper an out-of-court settlement is defined as an agreement between the prosecution and the defence in terms of which the accused undertakes to comply with conditions as agreed upon between the parties, in exchange for the prosecutor discontinuing the particular prosecution. Such conditional discontinuation of prosecution results in the diversion of the matter from the trial process. An out-of-court settlement needs to be distinguished from other pre-trial procedures and agreements. It is distinct from sentence and plea agreements in that these follow upon a decision by the prosecutor to institute a prosecution. The agreement may affect the offences for which the accused is finally charged, but it invariably results in the conviction and sentence of the offender. Therefore, such offender will have been put through the entire criminal process and will end up with a criminal record. An out-of-court settlement does not involve the entire criminal process, does not lead to a conviction and does not result in a criminal record.
On 17 September 1987 the Committee of Ministers to member states of the Council of Europe accepted a document which is pertinent to the present discussion and many European countries introduced legislation relating to speedier criminal procedures and which allows for discretionary prosecution of cases. The Committee recommended that member states should introduce the principle of "discretionary prosecution" and make use of several measures to settle criminal cases out of court when dealing with minor and mass offences. The main consideration behind the recommendation was to accelerate and simplify the working of the criminal justice system, while taking due consideration of articles 5 and 6 (the right to speedy trial) of the European Convention on Human Rights, as well as the increase in the number of criminal cases and the fact that delays in dealing with crimes bring criminal law into disrepute and affect the proper administration of justice.
Having considered these developments in Europe and current South African law, the Commission has concluded that formal recognition of a procedure to settle criminal cases out of court will have particular advantages for the criminal justice process in South Africa.
protect victims from publicity, and from having to be subjected to cross-examination, and yet benefit from compensation or restitution by the accused.
The prosecutor may, before substantial evidence has been adduced against the accused and considering all the facts at his disposal, if he or she is satisfied that it is in the public interest to do so and that the court would upon conviction impose a sentence other than imprisonment or imprisonment for a period not exceeding one year, enter into an out-of-court settlement with the accused.
In terms of the settlement the prosecution may undertake to discontinue the prosecution on condition that the accused complies with the conditions as agreed upon in the settlement.
In considering whether it will be in the public interest to enter into an out-of-court settlement, the prosecution must have regard to whether the accused poses a significant threat to the community and is likely to benefit from the settlement; the effect of a conviction on the accused; whether, in the case of an accused with two or more previous convictions for the same or similar offences or an accused who has entered into a settlement on two or more occasions for the same or similar offences, there are substantial and compelling circumstances meriting the settlement; and the interests of the victim of the crime.
An out-of-court- settlement can only be entered into once a charge sheet, setting out the offence or offences for which the accused is being charged, has been served on the accused; if the prosecution is satisfied that there is sufficient evidence to warrant the prosecution of the accused; and through the accused's legal representative, if the accused is legally represented.
In exercising its discretion the prosecution must, if circumstances permit, obtain the views of the investigating officer and the victim of the offence, and must consider such views, before entering into a settlement with the accused.
·The rendering to the person aggrieved of some specific benefit or service in lieu of compensation for damage or pecuniary loss.
·The performance without remuneration and outside the prison of some service for the benefit of the community under the supervision or control of an organization or institution which, or person who, in the opinion of the court, promotes the interests of the community.
· Payment of an amount of money of not more than the amount prescribed from time to time by the Minister in the Gazette, to the State or a state agency as directed by the prosecution.
·Submission to instruction or treatment.
· Submission to supervision or control (including control over the earnings or other income of the person concerned) of a probation officer as defined in the Probation Services Act 116 of 1991.
·The compulsory attendance or residence at some specified centre for a specified purpose.
·Referral to community dispute resolution structures that have been put into place in terms of an Act of Parliament.
If the conditions to a settlement require the accused to perform community service, to undergo instruction or treatment, or to attend or reside at a specified centre for a specified purpose, the prosecutor must cause a notice to be served on the accused, directing him or her to report on a date and time specified in the notice to undergo that instruction or treatment or to attend that centre or reside thereat.
The terms of the out-of-court settlement must be in writing, and must be signed by the prosecutor and the accused; it has to be approved by the Director of Public Prosecutions having jurisdiction and may be amended on good cause shown, with consent from both parties.
If the accused fails to comply with any of the conditions of the out-of-court settlement and the prosecutor is satisfied that such failure was beyond the accused's control, or for any other good and sufficient reason, the prosecutor may, having due regard to the extent to which the conditions of the prior settlement have been complied with, enter into a further out-of-court settlement.
If the accused fails to comply with any of the conditions of the out-of-court settlement, the criminal proceedings against the accused on that charge can be resumed from the point when the out-of-court settlement was entered into.
Once the accused has complied with the conditions of the out-of-court settlement, the charge is considered finalised and no prosecution resulting from the same offence may be instituted.
The closing date for comment on Discussion Paper 100 had been 31 December 2001 but was extended to 31 January 2002.
The Discussion Paper contains preliminary recommendations and a proposed draft Bill on the recognition of Islamic marriages.
Historically, and until the landmark 1999 Supreme Court of Appeal decision in Amod v Multilateral Motor Vehicle Accidents Fund, a marriage contracted according to Islamic law was regarded by South African courts as null and void and as being contrary to public policy, with the result that the marriage and its consequences were not legally recognised in any form. The decision in Amod, however, recognised a monogamous Islamic marriage for the purposes of support only, and did not deal with other crucial issues such as polygamy and the status of respective spouses, maintenance obligations, proprietary consequences of Islamic marriages, termination, etc. The result is that gross inequities and hardships arising from the non-recognition of Islamic marriages still prevail.
The Law Commission published an Issue Paper for public comment in July 2000. The purpose of the Issue Paper was to identify the issues and problem areas, arising out of the investigation, with a view to maximum consultation with all interested parties and bodies, so as to obtain their inputs in arriving at an appropriate solution to the issues and problems identified in that document. The lively interest shown in the Issue Paper was illustrated by the significant number of comments on the proposals in that paper. These comments were duly taken into account by the Commission's project committee during the process of developing a draft Bill.
The proposed draft Bill contained and explained in the Discussion Paper draws a clear distinction between an Islamic marriage and a civil marriage. It is only Islamic marriages that would fall within the ambit of the Bill. Provision is inter alia made for the regulation of proprietary consequences, changes to matrimonial property systems (with due regard to existing and vested rights) and the regulation of polygamous marriages. In terms of the draft Bill all existing Islamic marriages would be recognised as valid marriages, for all purposes, upon commencement of the proposed legislation. This would cover both monogamous and polygamous Islamic marriages which, if applicable, may exist alongside a civil marriage (ie a marriage registered under the Marriage Act).
It is further proposed that, because the judges of secular courts are by and large non-Muslims, a judge be assisted by two assessors who are experts in Islamic law in the adjudication of all disputes relating to Islamic law. The appointment of assessors means that the court presiding over a dispute involving Islamic law would have the necessary expertise to resolve such disputes effectively.
The Commission's proposed draft Bill in addition addresses the registration of Islamic marriages, the dissolution of such marriages through the pronouncement of a Talaq (which, in terms of the proposals, must be confirmed by a court), custody of and access to minor children and maintenance.
The closing date for comment on Discussion Paper 101 had been 31 January 2001 but was extended to 1 March 2002.
The Issue Papers and Discussion Papers are available on request and are free of charge.
The Issue Papers and Discussion Papers are also available on the Internet at www.law.wits.ac.za/salc/salc.
As part of an incremental approach, the Commission has released the Discussion Paper on process and procedure relating to sexual offences, this being the second of a four part series, for general information and comment. The first Discussion Paper dealt with the substantive law relating to sexual offences, while the third and fourth papers will address the controversial issues of adult prostitution and pornography.
The Discussion Paper contains a draft Bill which embodies some progressive recommendations on the reform of the law relating to sexual offences. Although the Discussion Paper concentrates on aspects of the procedural law in relation to sexual offences the Bill which accompanies the Discussion Paper includes substantive law provisions, all of which have been revised following the integration of submissions received on the Discussion Paper on the substantive law. An explanatory memorandum clearly sets out the reasons for the revision of the substantive law provisions.
The release of the Discussion Paper on process and procedure relating to sexual offences will be followed by a joint report on both the substantive and procedural law relating to sexual offences. The joint report on sexual offences will contain the final recommendations of the Commission and will be accompanied by a Bill on Sexual Offences. The report and the Bill will, once approved by the Commission, be handed to the Minister for Justice and Constitutional Development for his consideration.
The Discussion Paper on the procedural law relating to sexual offences includes a discussion of the various agencies or service providers responsible for dealing with the victims and offenders of sexual offences and the procedures for disclosure, reporting and investigation of sexual offences, the court hearing, rules of evidence and sentencing of the sexual offender.
The aim of the Discussion Paper is to test the preliminary recommendations contained in the Discussion Paper and to elicit comments which will be used to assist the Commission in preparing a report.
A revised statutory definition of the offence of rape.
· Penetration of a person by objects or human bodily parts should be limited to the anus and genital organs - in a manner which simulates sexual intercourse. In order to avoid any speculation as to whether penetration extends to animal bodily parts, the Commission has decided to make it clear that objects include any part of the body of an animal.
· The definition of indecent act now provides for the indemnification of health professionals who employ these acts for proper medical purposes.
· The list of factors indicating the presence of coercive circumstances, originally proposed, has now been categorised in three categories, these being coercive circumstances; circumstances in which an act of sexual penetration is committed under false pretences, and finally, circumstances in which a person is incapable in law to understand the nature of an act of sexual penetration.
The Commission holds the view that the non-disclosure by a person that he or she is infected with a sexually transmissible disease prior to sexual relations with another (consenting) person would amount to sexual relations by false pretences and would therefore constitute rape.
Child prostitution now constitutes what was previously referred to as Commercial Sexual Exploitation of Children due to the fact that the divergent role-players targeted in the original provisions are all in some way involved in child prostitution. These would include pimps, clients, brothel-keepers and people trafficking in children for purposes of sexual offences.
Provision has been made for the prohibition of the organisation or promotion of child sex tours. This provision criminalises the actions of both persons and bodies that facilitate such tours within or to South Africa in any way, whether by making travel arrangements for potential perpetrators or advertising such tours.
The Commission is of the opinion that everybody is in need of increased protection as far as sexual offences are concerned - both locally and internationally. Therefore the original provision allowing for extra-territorial jurisdiction in respect of all offences under the Act and not only those committed in relation to children, is retained.
· Agencies or service providers who are involved with or play a key role in the prosecution of a sexual offence, including those tasked with providing services to victims of sexual offences, are identified and critically analysed in respect of existing practices. This analysis is followed, where applicable, by recommendations for change.
· The Commission holds the opinion that it is the responsibility of the state to provide the financial means to cover the cost of prescribed medication for victims of rape, as well as costs for treatment and counselling as a result of the rape.
· The Commission recommends that criminal sexual activity compounded by deliberate or reckless exposure to HIV/AIDS should be subject to criminal sanction. It provisionally endorses the view that a separate offence should be created which specifically criminalises harmful HIV-related behaviour in the context of committing a sexual offence, coupled to the proviso that HIV should not be singled out to the exclusion of any other life-threatening sexually transmissible disease or condition.
Due to numerous problems in practice which have been brought to the Commissions attention, it has considered the system of criminal procedure that should govern the conduct of trials in relation to sexual offences. In doing so the Commission has critically assessed the rules of evidence and procedure which govern and/or are applied in sexual offence trials.
· The creation of a category of vulnerable witnesses which will include all complainants in sexual offence cases and which will afford them new protective measures, in addition to protective measures already provided for in the Criminal Procedure Act, 1977 (such as in camera hearings, the appointment of intermediaries and the use of closed circuit television). The new protective measures would include the appointment of a support person to assist the witness during the trial as well as at pre-trial procedures.
· The abolition of the cautionary rule in relation to complainants in sexual offence cases, single witnesses and children, which currently requires or allows that such evidence should or can be treated with caution.
· Drug and alcohol rehabilitation orders where it appears that a person convicted of a sexual offence may benefit from treatment for the misuse of alcohol and drugs.
· Sex offender orders which will prohibit a person convicted of a sexual offence from acting in a way that may cause harm to others, from frequenting specified locations and from contacting specified persons.
· The possibility of increasing the penalties for persons contravening the prohibition against publication of information or revealing the identities of complainants and witnesses in sexual offence cases.
· The possibility of providing compensation to the victims of sexual offences who suffered physical, psychological or other injury, loss of income or support.
· The placement of dangerous sexual offenders under long term supervision upon their release from imprisonment or release on parole.
These are a few of the issues that the Commission addresses in the Discussion Paper. It should not be seen as representative of all of its proposals.
The closing date for comment on Discussion Paper 102 is 28 February 2001.
Copies of an executive summary on the process and procedural law relating to sexual offences are available free of charge from the office of the Law Commission. The executive summary will be made available on the Internet. Given the length of the Discussion Paper, it has not yet been made available on the Internet. Those wishing to access the complete text of the Discussion Paper will be provided with a WinZip file on request.
The Discussion Paper contains the Commission's preliminary recommendations and findings following a comprehensive review of more than 24 statutes, including the Child Care Act, 1983, international law, the common law and religious and customary law affecting children. The Discussion Paper follows on the Issue Paper released in 1998 and is informed by an extensive consultation process involving the Portfolio Committee on Social Development, government departments, civil society and a child participation process.
The Discussion Paper is a substantial document of 1274 pages.
The difficult issue of when childhood begins and when it ends. It further addresses the question of the best interests of the child, children's rights and responsibilities, and the principles underpinning the new children's statute.
Aspects such as legitimacy of children, artificial insemination and surrogate motherhood.
The diversity of family forms in South Africa, the shift from parental power to parental responsibility, the acquisition of parental responsibility by persons other than biological parents and the termination of parental responsibility.
The Discussion Paper recognises prevention and early intervention services as vitally important components of a future children's statute.
Formal measures for the protection of children from abuse and neglect are the central focus of the Discussion Paper. The Discussion Paper considers legal provisions and interventions which are designed to deal with situations in which specific children are being harmed, or are at immediate risk of harm, through abuse or neglect. Exploitation and abandonment, being forms of abuse and neglect respectively, are included within the ambit of these protective measures. The Discussion Paper further addresses issues such as the protection of the health rights of children, the protection of children as consumers, children in need of special protection, and the protection of children affected by the divorce or separation of their parents.
It examines the issues of legislative support for early childhood development services and temporary care of children by persons other than their parents or ordinary caregivers.
It deals with the following forms of substitute care: foster care, adoption, and residential care. More specifically, it addresses aspects such as professional foster care, cluster foster care, parental rights and responsibilities for foster parents, the foster care grant, who may be adopted, who may adopt, subsidised adoptions, the rights of children to care and protection in residential care facilities, minimum standards and quality assurance in residential care, and funding of residential care.
It considers the issues of religious laws and customary laws affecting children. It further addresses international issues affecting children. These include, inter alia, inter-country adoptions, trafficking of children across borders, child abductions and refugee children.
It proposes a new court structure with extensive powers, and addresses the issues of grants and social security for children, and a monitoring system to ensure the effective implementation of the new children's statute.
The Discussion Paper specifically addresses the care of sexually exploited children. In this regard, the recommendations made in respect of child prostitution, child pornography and child trafficking focus on the child as a victim who may be in need of care. These are closely linked to the Discussion Paper on Sexual Offences, which focusses on the criminal law aspects which has also been released for public comment. Both these Discussion Papers aim to address holistically and in an integrative manner child sexual abuse, albeit from different perspectives.
Among the more contentious preliminary recommendations made in the Discussion Paper on the Review of the Child Care Act are the recommendations that the age of majority be lowered to 18; that more than one (even more than two) persons be allowed to acquire and manage parental rights and responsibilities, or components thereof, in respect of the same child at the same time; that mothers and married fathers be accorded such parental rights and responsibilities automatically, while some unmarried fathers and other persons will have to apply to court to acquire such rights and responsibilities; that local government be empowered and compelled to provide primary prevention and early intervention services for children and their families; that the common law defence of the right of reasonable parental chastisement to a charge of assault be repealed in order to protect children from serious breaches of physical integrity, which in effect will make some forms of parental chastisement a criminal offence; that all children over the age of 12 years may consent to HIV testing, with proper pre- and post-test counselling; that confidential access to contraceptives should be provided to all sexually-active persons, regardless of age; and that safety at places of entertainment should be regulated.
The Discussion Paper does not contain a draft Bill. The preliminary recommendations in the Discussion Paper, however, contain clear legislative proposals for inclusion in such a comprehensive children's Bill. The preparation of the comprehensive draft children's Bill is receiving attention. The Commission will conduct a consultation process with the Discussion Paper as basis during February and March 2002. An inter-sectoral workshop is planned for each province during this period and those interested in attending are invited to register with the Commission. At the conclusion of this consultation process, the Commission will prepare a report which will contain its final recommendations and a refined children's statute. This report will be submitted no later than June 2002 to the Minister for Social Development.
The closing date for comment on Discussion Paper 103 is 28 February 2002.
An Executive Summary of the Discussion Paper is available free of charge on request from the offices of the Law Commission. The Executive Summary is also available on the Commission's Website. Given the length of the Discussion Paper, it has not yet been made available on the Internet. Those wishing to access the complete text will be provided with a WinZip file on request.
A discussion paper on a more inquisitorial approach to criminal procedure was published in April 2001. The closing date for comment was extended to 31 July 2001. Two regional workshops were conducted on 29 and 30 October 2001 in Cape Town and Pretoria respectively. A draft report is being developed.
A discussion paper on a compensation scheme for victims of crime in South Africa was published in April 2001. The closing date for comment was 31 July 2001. Six regional workshops were hosted as part of the consultation phase in 2001: 19 November - Pretoria; 20 November - Durban; 21 November - East London; 23 November - Kimberley; and 26 November - Cape Town. A draft report is being developed.
A discussion paper on succession in customary law was published on 8 August 2000. The closing date for comment on the discussion paper was 22 September 2000.
Comments received on the discussion paper have been evaluated. The Centre for Applied Legal Studies and the Law Commission hosted an experts meeting on 30 August 2001 to discuss the recommendations made by Commission. Nine workshops were held in all the provinces in 2001: 2 October - Cape Town; 25 October - Nelspruit; 31 October - Kimberley; 1 November - Bloemfontein; 8 November - East London; and 20 November - Durban. A draft report is being developed.
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The Commission's term of office expired on 31 December 2001.
In terms of section 3(2) of the South African Law Commission Act 19 of 1973 the President may appoint one or more additional members if he deems it necessary for the investigation of any particular matter by the Commission. Professor C Hoexter, School of Law, University of the Witwatersrand, was appointed as an additional member of the Commission.
Since publication of the previous Bulletin, one Issue Paper has been published for general information and comment.
The Sexual Offences Act 1957 regulates various aspects of prostitution. The keeping of brothels, the procurement of women as prostitutes, soliciting by prostitutes, and living off the earnings of prostitution inter alia is criminalised. In addition, various other pieces of legislation such as the Liquor Act 27 of 1989 and municipal bye-laws apply to prostitutes. Of particular interest is section 20(1)(aA) of the Sexual Offences Act, 1957 which provides that any person who has unlawful carnal intercourse or commits an act of indecency with any other person for reward is guilty of an offence. This section was declared inconsistent with the Constitution and therefore invalid in the Transvaal Division of the High Court in Jordan and others v The State 2002 (1) SACR 19 (TPD). This finding is currently awaiting confirmation by the Constitutional Court.
This Issue Paper deals with adult prostitution and is the first paper of the third leg in the series of the investigation into sexual offences (Project 107). The Issue Paper sets out three legal options in the management of adult prostitution.
The Commission sets forth the implications should a particular option be adopted and poses questions as to all the options presented. At this stage of the investigation and pending the decision of the Constitutional court in the Jordan matter the Commission has decided not to take a particular position as to any of the options. Consequently no draft legislation is proposed at this stage.
The Commission has covered all aspects related to child prostitution in the first two discussion papers (Discussion Papers 85 and 102) in this investigation as well as in Discussion Paper 103 on the Review of the Child Care Act. The Commission's preliminary view is that the conduct of persons who engage in child prostitution should be criminalised whilst the child prostitute should be regarded as a victim in need of care and protection.
The closing date for comment on Issue Paper 19 is 31 October 2002.
No discussion papers have been published since publication of the previous Bulletin.
The Commission concludes that there is merit in the proposal with regard to the disclosure of specific defences and the intention to call expert evidence and recommends an amendment to the Criminal Procedure Act to this effect. The sanction that is sought to be imposed for failure to make such disclosure is that the accused will not be permitted to raise the particular defence, or call the expert witness, as the case may be, without the leave of the court. The proposal provides specifically, however, that the court may not refuse such leave if the accused was not informed of his or her obligations.
The report considers whether there is a need in South Africa to develop procedures that provide for the settling of criminal cases without having to go to court, and if so, the best way in which this can be achieved within the South African context.
protect victims from publicity, and from having to be subjected to cross-examination, while giving them the benefit from compensation or restitution by the accused.
The prosecutor may, before evidence has been adduced against the accused and considering all the facts at his or her disposal, enter into an out of court settlement with the accused if he or she is satisfied that it is in the public interest to do so and that the court would upon conviction impose a sentence other than imprisonment or imprisonment for a period not exceeding one year.
An out of court settlement can only be entered into once a charge sheet, setting out the offence or offences for which the accused is being charged, has been served on the accused (through the accused's legal representative, if the accused is legally represented); and if the prosecution is satisfied that there is sufficient evidence to warrant the prosecution of the accused.
In exercising its discretion the prosecution must, if circumstances permit, obtain the views of the victim of the offence, and must consider such views, before entering into a settlement with the accused.
o Referral to community dispute resolution structures that have been put into place in terms of an Act of Parliament.
The terms of the out of court settlement must be in writing and must be signed by the prosecutor and the accused. In order to address the risks of fraud and abuse it is proposed that the settlement has to be approved by the Director of Public Prosecutions having jurisdiction. It is also proposed that a settlement should be subject to review and that the settlement may be amended on good cause shown.
If the accused fails to comply with any of the conditions of the out of court settlement and the prosecutor is satisfied that such failure was beyond the accused's control, the prosecutor may, having due regard to the extent to which the conditions of the prior settlement has been complied with, enter into a further out of court settlement.
If the accused fails to comply with any of the conditions of the out of court settlement the criminal proceedings against the accused on that charge can be resumed from the point when the out of court settlement was entered into.
Once the accused has complied with the conditions of the out of court settlement, the charge is considered finalised and no prosecution resulting from the same offence may be instituted.
The report, containing draft legislation aimed at amending section 12 of the Divorce Act, 1979, has been submitted to the Minister for Justice and Constitutional Development on 29 August 2002.
However, since the provision does not have extra-territorial operation, the foreign media who are allowed to attend proceedings in courts are unrestricted in their reportage of South African divorce proceedings. Since South African citizens have access to the foreign media and the press, the whole purpose of the prohibition is defeated.
close the court at any stage of the proceedings where there is a likelihood that harm may result to a child as a result of the hearing of any evidence.
The Reports are available on the Internet at the address mentioned below.
Send e-mail to majordomo@sunsite.wits.ac.za. Leave the Subject line blank , and type in subscribe salcnotify in the body of the message. Type end on a new line, then send the message. You will soon receive a welcome message from the listserv.
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VI SADC Code on Social Security.
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>South Africa s labour market trump card social dialogue is to be placed on the international stage when Labour Minister, Membathisi Mdladlana, addresses the all-important G-20 Summit of his counterparts in Washington D C early next week.>This follows a speech he delivered to African Employers Conference in Rosebank, Johannesburg, last week.
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>The government s employment equity policies will be a focal point as Commission on Employment Equity (CEE) Chairperson Jimmy Manyi officially releases the 2008/09 employment equity report on Monday.>Labour Minister Membathisi Mdladlana will officially receive the annual report from Manyi, who will go into detail on its various aspects as well as the latest equity trends in the South African labour market.
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>Labour Minister Membathisi Mdladlana is expected to emphasise the importance of gender equality as enshrined in the country's Constitution when he addresses the department's Women's Day celebrations tomorrow Friday, 14 August.>The annual celebration, traditionally held a week after the national event, is scheduled to take place at the Birchwood Hotel in Boksburg.
>Labour Minister Membathisi Mdladlana says the exploitation of workers by labour brokers may soon be a thing of the past as plans are afoot to review the laws that regulate labour brokers. Labour brokers are anti-union because they constantly move workers around from one place to another often with no access to union officials, with no possibility of stop order deduction for union subscriptions.
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Pretoria - South Africa's electricity consumption for May 2008 compared to May 2007 is down 2.5 percent, according to Statistics South Africa (Stats SA), Thursday.
"Electricity consumed for the three months ending May 2008 decreased by 1.5 percent compared with the same three months a year ago," said Stats SA.
In the first five months of 2008, consumption of electricity was affected by numerous factors that led to reduced levels of consumption, such as load shedding and a continuous drive from Eskom in encouraging users to save on electricity consumption.
The estimated production of electricity during the latest three months ending May 2008, decreased by 1.1 percent compared with the same period in 2007.
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set out any other formal requirements in respect of the proceedings for review or appeal.
This Chapter applies to administrative action which materially and adversely affects the rights of any person, and must be complied with if a request for reasons for administrative action is made in terms of section 5(1) of the Act.
addressed to the administrator concerned; and sent to the administrator by post, fax or electronic mail or delivered to the administrator by hand.
Results: 1 to 4 of 4 (104467 searched in 0.86.
Sheikh Al-Thani's visit is the result of the steady development of relations between South Africa and Qatar since the establishment of diplomatic ties in 1994. A Bilateral Air Service Agreement and a Defence Co-operation Agreement have already been concluded between South Africa and Qatar.
BRIEFING ON SA-NORDIC SUMMIT & INCOMING QATARI STATE VISIT The Deputy Minister of Foreign Affairs, Aziz Pahad, will brief the media on the SA-Nordic Summit from 12-13 May 2002 and the incoming State Visit of the Amir of the State of Qatar, Sheikh Hamad Bin Khalifa Al-Thani, from Tuesday, 14 May to Thursday, 16 May 2002.
URL: http://www.info.gov.za/speeches/2002/02050809461001.
Your Highness, Sheik Hamad bin Khalifa al-Thani, Distinguished delegation from the State of Qatar, Ministers and Deputy Ministers, Madame Speaker and our parliamentary presiding officers, The Hon Mr FW de Klerk, Your Excellencies, the Ambassadors and members of the diplomatic corps, Esteemed guests, Ladies and gentlemen.
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Mr Trevor Manuel, the Minister of Finance, is pleased to announce that the President has approved the re-appointment of the Chairperson and the extension of the terms of six provincial and seven national members to the Financial and Fiscal Commission.
Mr Murphy Morobe will continue to serve as chairperson for a further two years. His term of office will expire at the end of December 2004.
The term of the other members is extended for another year, ending on 31 December 2003.
Organised Local Government Act.
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The National Treasury wishes to announce that the International Monetary Fund released its 2002 Article IV Staff Report on South Africa today.
Government finances continued to be strong particularly at the levels of the central and provincial governments.
The exchange rate depreciated sharply toward the end of 2001. The exchange rate however regained all of this lost ground during 2002.
Conditions in the labour market improved with the introduction of legislation to streamline the arbitration process, and allow for more flexibility in employment.
Social Development Indicators show an increase in the living conditions of the poor.
South Africa continued to play a leadership role on the African continent, through various initiatives including NEPAD and through contributing to the peace process in conflict countries.
The release and findings of the report reflect Government's continued commitment to sound fiscal and monetary policy, and commitment to greater transparency.
A copy of the full report is available on the International Monetary Funds Web Page at the following address: http://www.imf.org and on the National Treasury's Web Page at the following address: http://www.treasury.gov.
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Provincial spending is on track after nine months of the financial year. Provinces spent R104,5 billion, or 71,1 per cent of their total budget. This is R16,8 billion more than the expenditure at the same time last year. Provincial expenditure is now comparable with national departments expenditure of R87,5 billion or 73,8 per cent spent (or transferred) for the same nine-month period. Provinces are also performing well on their capital spending compared to last year, spending R8,3 billion or 50,9 per cent of their capital budgets. This analysis is based on the statement on revenue and expenditure published by the National Treasury yesterday on 30 January 2003, and is available on the treasury website www.treasury.gov.za.
National government transferred R88,8 billion of the equitable share grant, and R9,7 billion in conditional grants, to provinces in the first nine months.
Social development expenditure of R23,8 billion compared to R17,1 billion at same period last year.
Health expenditure of R23,8 billion or 74,2 per cent of budget.
Strong growth in education capital spending. Present expenditure of R1 billion already equals the total capital expenditure for last year, and far exceeds the R350 million spent in the first nine months of last year.
Provinces have, to date, collected 93 per cent of budgeted own revenue.
This assessment focuses on overall spending by provinces. It must be borne in mind that this masks individual performance by provincial departments. For any figure produced, individual provincial departments in that sector may be doing better, or worse, than the average picture. It is critical that no generalisations are drawn to cover all provincial departments as such an approach undermines the system of accountability, where each head of department is responsible for the spending in that department. Where more information is required on any provincial information, the accounting officer of that provincial department should be contacted, or alternatively, the head of the provincial treasury.
This report on the preliminary outcome of the 2002/03 provincial budgets after nine months into the financial year (from 1 April 2002 to 31 December 2002) is based on their budgets as adjusted (through their Adjustments Budgets). Table 1 indicates their revised budget against which the nine-month figures are compared.
 Provinces have spent R104,5 billion or 71,1 per cent of budgeted expenditure of R147,0 billion after nine months. This compares well with the 69 per cent spent for the same period last year, and is R16,8 billion more than the R87,3 billion for the same period last year.
 Personnel expenditure is at R55,2 billion or 75,5 per cent of the budgeted R73,2 billion for the year 2002/03.
 Provinces have budgeted R117,6 billion for social services, which include spending on education, health and social development1. Spending on social services is at R86,5 billion or 74 per cent of the social services budget.
o School Education: Education expenditure is at R39 billion or 74,2 per cent of the adjusted budget of R52,5 billion. The education budget is largely personnel driven and expenditure on personnel is R34,2 billion or 77 per cent of the budget of R44,5 billion.
o Health: Health expenditure is R23,8 billion or 72 per cent of the adjusted budget of R33 billion. This amount compares well with the R21,3 billion or 71,3 per cent spent for the same period last year. The spending represents a healthy increase over the amount of R34,2 billion or 71,4 per cent for the same period last year.
o Social Development: Provinces spent R23,8 billion or 74,3 per cent of their revised budget on social development in the first nine months of the year. This represents a massive increase over the R17,1 billion spent for the same period last year. The reason for this is the acceleration in the take-up of the Child Support and Disability Grants, as well as payment of the R2 billion social grant arrears (transferred on the last day of the previous financial year) during the first nine months of the year. Provinces are estimated to have spent R1,2 billion or 60,2 per cent on Social Grant Arrears of R2 billion for the first nine months of 2002/03.
Education 52,540,064 38,969,049 74.
Health 33,024,685 23,776,602 72.
Social Development 32,037,850 23,795,335 74.
Total 117,602,599 86,540,987 73.
 Capital expenditure2 after nine months is R8,3 billion or 50,9 per cent of the capital budget. This is a significant improvement on last year, as provinces have spent R2,7 billion more compared to the same period last year, when provinces had spent 46,7 per cent. Typically, most capital spending has a slow uptake and most spending takes place in the last quarter of the year, so it is early to project on whether provinces will spend their full capital budgets at the end of the year.
 It must be noted that the capital budget for 2002/03 of R16,2 billion is significantly higher than the actual R11,1 billion spent on capital last year. Given the higher amount of R16,2 billion, spending of 50,9 per cent is a remarkable achievement, and indicates that provinces have improved their spending on capital.
 Provincial spending compares favourably with national departments. Spending on capital by the justice and protection sectors (correctional services, safety and security, justice and defence) was R1,2 billion or 50,6 per cent of their total adjusted budget of R2,4 billion. Other national departments with significant capital budgets are transport, which spent or transferred R1,4 billion or 74 per cent of its budget of R1,9 billion, and public works which spent R309,2 million (or 34,4%) of their R985,3 billion.
 The provinces with the most rapid rate of capital spending are Western Cape and Mpumalanga at 60 per cent of their budgets, with the lowest being Free State at 41 per cent. In absolute terms, the highest capital expenditure is in Gauteng at R1,8 billion, followed by KwaZulu-Natal (R1,6 billion) and Eastern Cape at R1,3 billion. KwaZulu-Natal, for example, improved its spending capacity from 30 per cent last year to 50,2 per cent for the same period this year.
2002/03 Expenditure as % Actual vs.
Eastern Cape 2 659 669 1 318 407 49.
Free State 1 090 941 443 533 40.
Northern Cape 350 502 197 484 56.
North West 1 034 532 522 689 50.
Western Cape 1 551 690 935 132 60.
Total 16 253 703 8 274 855 50.
The biggest provincial capital budgets are for public works, roads and transport. These departments are performing the best, having spent R2,9 billion, or 68 per cent, of their R4,2 billion budget. The spending compares well with the R2,0 billion spent last year for the same period, and to the full-year spending of R3,2 billion last year. Between provinces, the lowest spending is North West (42,3%), whilst Gauteng records 116,5 per cent3.
Expenditure 2002/03 Excluded % Actual vs.
Eastern Cape 721 882 395 880 54.
Free State 281 576 179 034 63.
Northern Cape 159 101 104 224 65.
North West 232 953 98 529 42.
Western Cape 712 706 407 656 57.
Total 4 246 532 2 885 378 67.9% 3 203 683 2 001 560 1 Some public works capital expenditure reports include some health and education capital spending, e.g.
Education departments have spent 47,6 per cent of their budget, or R1,1 billion. This compares well to the R350,1 million spent for the same period last year, and even exceeds the full-year spending of R1,069 billion. The spending in Northern Cape (7,4%) and Free State (20,7%) is relatively low, whilst Mpumalanga (74,4%), North West, Eastern Cape and Western Cape all record over 70 per cent spending.
3 Some of the public works reports contain some of the capital spending for education and health. This is the case in Western Cape and Gauteng, hence the "overspending" in Guateng. The monthly reports are not always fully reconciled when submitted for publication.
Province 2002/03 Adjusted Budget Excluded Suspense % Actual vs.
Eastern Cape 401,257 281,871 70.
Free State 255,497 52,933 20.
Northern Cape 14,941 1,109 7.
North West 135,356 95,567 70.
Western Cape 42,058 29,303 69.
Total 2,270,035 1,080,003 47.
Expenditure in the health sector is lower as a share, at 41,9 per cent, or 1,1 billion. This amount may be understated by some health spending being classified under the public works vote (e.g. in Gauteng). The total amount spent still compares well with the R878,5 million spent for the same period last year. Total spending for full-year in 2001/02 was R2,2 billion. Between provinces, the lowest share of spending is in North West (26,5%) and Northern Cape (28,6%), with Free State recording the highest share at 64,7 per cent.
Eastern Cape 541 715 222 303 41.
Free State 48 239 31 213 64.
Northern Cape 49 212 14 093 28.
North West 207 494 54 933 26.
Western Cape 60 104 28 560 47.
Total 2 589 222 1 085 889 41.
Expenditure in housing is at 46,1 per cent, or R2,3 billion. The total amount spent still compares well with the R1,8 billion spent for the same period last year, or 50 per cent of their total spending of R3,6 billion for 2001/02. Gauteng records the lowest share at 24,9 per cent, with Eastern Cape at 35,9 per cent, compared to a high of 69,1 per cent in Western Cape.
Eastern Cape 802 951 288 489 35.
Free State 367 086 164 459 44.
Northern Cape 105 091 72 929 69.
North West 379 892 229 662 60.
Western Cape 404 840 279 813 69.
Total 4 997 302 2 303 971 46.
 Provinces have collected 93 per cent of budgeted own budgeted revenue of R4,4 billion for the year, collecting R4,1 billion after nine months.
 The high 93 per cent collection may be an indication of provinces being modest in their revenue projections in their initial budgets, as the R4,3 billion budgeted amount is still less than the R4,5 billion actually collected in the previous year (2001/02). The collection varies from a low of 77,3 per cent in Gauteng, to a high of 148,8 per cent collected in Eastern Cape.
 The national government transferred R88,8 billion of the equitable share, and R9,7 billion in conditional grants, to provinces in the first nine months.
 After nine months in the 2002/03 financial year provincial revenue received or collected was therefore R102,5 billion or 72,5 per cent of budgeted revenue.
 The capital budgets of departments like Provincial and Local Government, Water Affairs and Forestry and Mineral and Energy reflect the major capital transfers to local government. Information on actual spending by municipalities is not available.
 The Department of Provincial and Local Government transferred (or spent) R1 billion, or 56 per cent, of its capital budget of R1,8 billion. About R1,67 billion is for the Consolidated Municipal Infrastructure Programme (CMIP).
 The Department of Water Affairs and Forestry spent or transferred R871 million or 63 per cent of its budgeted capital of R1,4 billion (of which R1 billion is budgeted for local government).
 The recurrent budgets for the departments of provincial and local government and water affairs also contain significant operating grants for local government, consisting of R4 billion for the equitable share and R700 million for the water operating grant. Most of the recurrent expenditure on these budgets will therefore be for local services, including free basic services, mainly via local government budgets.
<fn>GOV-ZA.2003022601En.2012-02-10.en.txt</fn>
Based on the latest projected borrowing requirement for 2002/03, government's domestic bond funding programme for 2002/03 is close to completion.
In line with the borrowing requirement for 2003/04 as set out in the 2003 Budget Review and Medium Term Budget Policy Statement for 2002, the National Treasury has decided to prefund a portion of the 2003/04 domestic bond funding requirement during the remainder of the 2002/03 financial year.
<fn>GOV-ZA.2003028En.2012-02-10.en.txt</fn>
To provide for matters incidental to the above provisions.
1 Amends section 9 of the Magistrates' Courts Act 32 of 1944 by substituting subsections (3), (4), (5) and (6) for subsections (3), (4) and (5).
2 Amends section 1 of the Magistrates Act 90 of 1993 , as follows: paragraph (a) substitutes the definition of 'magistrate'; paragraph (b) deletes the definition of 'salary'; and paragraph (c) adds the definition of 'remuneration'.
3 Substitutes section 12 of the Magistrates Act 90 of 1993.
4 Amends section 13 of the Magistrates Act 90 of 1993 by substituting subsections (3), (4) and (4A) for subsections (3) and (4).
JUDICIAL OFFICERS (AMENDMENT OF CONDITIONS OF SERVICE) ACT 28 Page 2 of 3 5 Inserts section 15A in the Magistrates Act 90 of 1993.
6 Amends section 16 (1) of the Magistrates Act 90 of 1993 by inserting paragraph (n A).
7 Amends section 1 of the Independent Commission for the Remuneration of Public Office-bearers Act 92 of 1997 by substituting the definition of 'office-bearer'.
8 Amends section 3 of the Independent Commission for the Remuneration of Public Office-bearers Act 92 of 1997 by substituting subsection (1).
9 Substitutes section 4 of the Independent Commission for the Remuneration of Public Office-bearers Act 92 of 1997.
10 Amends section 7 of the Independent Commission for the Remuneration of Public Office-bearers Act 92 of 1997 by substituting subsection (3).
11 Amends section 8 of the Independent Commission for the Remuneration of Public Office-bearers Act 92 of 1997 by substituting subsections (3), (3A), (4), (5) and (6) for subsections (3) and (4).
12 Amends section 13 of the Independent Commission for the Remuneration of Public Office-bearers Act 92 of 1997 by adding subsection (3).
13 Amends Schedule 5 to the Public Finance Management Act 1 of 1999 by adding item 4.
14 Amends section 1 (1) of the Judges' Remuneration and Conditions of Employment Act 47 of 2001 , as follows: paragraph (a) substitutes the definition of 'annual salary'; paragraph (b) inserts the definition of 'partner'; and paragraph (c) inserts the definition of 'spouse'.
15 Substitutes section 2 of the Judges' Remuneration and Conditions of Employment Act 47 of 2001.
16 Substitutes sections 9 and 10 of the Judges' Remuneration and Conditions of Employment Act 47 of 2001.
17 Amends section 13 (1) of the Judges' Remuneration and Conditions of Employment Act 47 of 2001 , as follows: paragraph (a) inserts paragraphs (c A) and (c B) ; and paragraph (b) deletes paragraph (e).
[S. 18 repealed by s. 33 of Act 55 of 2003.
notwithstanding section 9 (5) (a) (i) of that Act, holds that office for the period determined before the commencement of this Act.
as the case may be.
to a judge under a regulation made in terms of section 13 (1) (c) or (d) of the Judges' Remuneration and Conditions of Employment Act, 2001.
This Act is called the Judicial Officers (Amendment of Conditions of Service) Act, 2003, and comes into operation on 1 November 2003 or on such earlier date as may be fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.2003032401En.2012-02-10.en.txt</fn>
Allow me to first thank you for asking me to participate in this Working Group on the 'social dimensions of globalisation.'
You will forgive me for believing that I have been asked to address you, in part at least, because South Africa has, among developing countries, done quite well in trying to resolve some of the tensions brought about by globalisation. Let me say at the outset that I believe that we have in many ways responded in the right way, and in some areas we have considerably more work to do.
Rather than detail what we in South Africa have done, which I am happy to discuss in the time available for questions, I want to take this opportunity to identify and provide some perspective on several aspects of how states need to respond to globalisation.
To my mind, globalisation encompasses a number of different dynamics.
First, how states contribute to economic growth.
The second involves how states provide an appropriate social and economic environment to resolve the discontinuities that arise from economic adjustment.
And, third, how governments and states manage the sustainability of economic development across international borders.
I have few doubts that there are many other facets of globalisation, but I wanted to set some parameters for my talk today. These that I have pointed out have specific implications for how governments organise the work of the state and how states interact with each other.
One of the larger challenges posed by globalisation is the extent to which governments need to adjust macroeconomic and/or microeconomic policies to achieve more rapid economic growth in an environment of open global and domestic markets.
Dani Rodrik has suggested in a 1997 paper that Raoul Prebisch may have had it right all along - that macroeconomic adjustments to the fiscal deficit and the rate of inflation have been more important factors in achieving rapid growth than have been the post-1970s renunciation of importsubstituting industrial policies.
In a more recent paper, Rodrik noted the importance for growth of microeconomic policies that facilitate the shifting of people from old and non-competitive industries to new industries and new forms of economic activity.2 The latter policies entail assertive re-skilling, high quality education, and access to social and other forms of capital in open environments in which individuals can take advantage of new economic opportunities.
Was the 1997 or the 2000 Rodrik right My answer is that both were right, in the sense that each of his papers captured important aspects of a more holistic view of economic growth. That is, that economic growth is a function of both prudent macroeconomic policies (lowish deficits and inflation and manageable debt levels) and microeconomic policies that facilitate adjustment through the provision of social capital and opening up of economic opportunity?
In addition, import-substituting industrial policies can be ok, if used in the right context (the infant industry argument) and if financial policies are not used to aggressively incentivise the flow of capital into protected industries. What the earlier Rodrik paper skimmed over, I think, is that in the 1970s, macroeconomic imbalances were often caused by widespread use of negative real interest rates to prop up protected and inefficient industries. Hence, poor industrial policy and bad monetary management can lead to very poor macroeconomic financial imbalances.
The lesson that I would like to draw from these considerations is that the experiences of the 1970s and '80s shows that governments can in fact find ways to facilitate adjustment in ways that can spur growth but also in ways that are socially advantageous.
Rising competition in markets for goods and services has resulted in intense work on the organisation of production, firms, and the relationship between business activity and what economists call the 'factors of production.' The academic and quasi-academic industries that these efforts have generated run from the production of best-seller business management books to prescripts on economic regulation for governments.
In general, the message is largely the same - that to be competitive, to succeed in today's global markets, productive inputs need to be sourced at their cheapest possible cost at a given level of quality, whether they are labour, capital or natural resources. The changes implied here lie at the root of uncertainties that societies express in the face of globalisation. How should states be organised to address these uncertainties First let me say that reversing market expanding and economic opportunity-raising policies is not the right approach, no matter how politically seductive this might be?
What is central, however, is to ensure that states balance the different social and economic values that any single society expresses.
1 Dani Rodrik, "Globalisation, social conflict and economic growth," December 11, 1997. 2 Dani Rodrik, "Development strategies for the next century" February 2000.
welfare that help them to build their own social capital, and that markets are regulated to provide fair opportunity to new entrants while holding all to standards that ensure that private industry benefits society as a whole.
In short, while governments and states need to be inventive and devise new policies and new ways of resolving the problems caused by globalisation, these actions need to fulfil the relatively traditional functions of the state - providing economic security at the same time as they allow economic activity.
The implications of this are far-reaching, because in many senses, this basic idea about the role of the state has been around for along time but in recent decades has been forgotten. One especially pernicious aspect of globalisation has been the degrading of the idea that the state should fulfil a balancing function between social and economic values.
In terms of how this has affected economic regulation, it has led to the view that creating economic activity and reducing uncertainty are mutually exclusive. We must shrug off that mantra. That particular view - that insecurity and opportunity go together, or that market regulation is inherently economic destructive - is simply the end-result of an idea from an ex-prime minister from the United Kingdom that became an ideology, and that has, fortunately, run its course.
If there is one lesson from the 1990s that we can use to guide policy in the present decade, it is that markets do not regulate themselves very well, and indeed can deregulate themselves in socially destructive ways. I do not need to recount the list of corporate malfeasance that has occurred over the last few years to make this point. But I do think it is important to emphasize that the role of regulator is a role for states, precisely because the state should perform the balancing act between social and economic values.
Yet merely insisting that the state must balance remains insufficient for our purpose today, because we are not talking necessarily about homogenous societies, such as exist in some northern European countries. Rather, the diverse societies of the developing and developed world are composed of a myriad of communities that can be distinguished by race, ethnicity, religion, language, income levels, and class, among other possibilities. Of particular relevance for our discussion is how states should address social and economic marginalisation of the poor.
A critical part of the balancing act of states is how to provide social insurance. From a macroeconomic perspective, one consideration is whether or not social insurance policies facilitate or impede the adjustment of individuals and communities to new forms of economic activity. The microeconomics of the problem is how and to what extent the precise social insurance policies or instruments incentivise individuals to choose between remunerative and non-remunerative activities.
But what has become increasingly clear to many policy makers is that even if social insurance is geared toward incentivising remunerative activity, there are many impediments that exist and which have become more debilitating over time, especially for the poor who usually have neither the social nor physical capital to overcome them.
In South Africa, for instance, one of the larger impediments to efficient job search is the simple lack of information readily available about what jobs are available, or even what skills employers are looking for. On the labour demand side of the market, there is also the information problem that an educational qualification tells little to a prospective employer about a job applicant. Simple information asymmetries like these have large repercussions, such as making employers more reticent to hire, dissuading individuals from looking for work as much as they should, or influencing what students choose to learn.
The concept of a social wage is one way in which these impediments can be reduced, through the public provision of services, such as inexpensive transport, better education, re-skilling, communications facilities and credit to name a few of the more important components.
Perhaps more importantly, these aspects of a social wage rise above the contradictions that do exist between creating economic opportunity and reducing economic insecurity. Better education or inexpensive public transport, for example, serve to both reduce economic insecurity and create economic opportunity by making it less costly for even the poor to engage in economic activity. That said, it is also important for our social policies to address those that need welfare, that is those who cannot engage in economic activity regardless of the size and shape of the social wage.
Market regulation, proactive social policy, and the provision of a social wage are not only relevant to how states organise their domestic policies to address the economic adjustments and dislocations caused by globalisation. Of equal importance is how states work together, for this determines whether or not international markets are regulated, how capital and labour flow across borders and regions of the world, and how international public goods, or the 'global commons' is regulated.
Much has been said about the weakness of states in this era of globalisation, often with two opposing perspectives. One view is that states are weak and that this is a good thing. The other view expresses regret at this weakness. I believe that states are not weak in the face of globalisation, but tend to approach the problems as if they have no power.
Goods flow from the industrial north and capital and resources flow from the impoverished south. Skilled labour, even where it is scarce and demand high, as in most developing countries, moves north. Unskilled labour stays at home, anxious for their livelihoods, the education of their children, and concerned about the cleanliness of the water they drink.
Many of the policies and approaches that I have already mentioned can play a role in reversing some of the negative flows of capital and people that bedevil economic growth and poverty reduction in developing countries. And while states are not, in my view, weak in the face of globalised markets, they do need to band together to create, and in some instances like agriculture adjust, the international market regulation that will ensure developing countries also benefit from global economic activity. Some of the areas that need special attention are agriculture, financial and other services, accounting and corporate governance, and financial and capital markets.
It is of course easy enough to say, let's band together, it is another to do this in a truly multilateral and accountable way. We simply do not seem to have the right sort of institutions for effective multilateral discussion and agreement between states. While the Bretton Woods Institutions nominally operate by consensus, they are steered quite convincingly by their major financial backers. This can have significant implications, for example, in deciding which countries the Fund should assist when financial contagion breaks out in several regions at once. Another example, and one that is especially pertinent in Africa, is how conditionality is applied to adjustment loans to a country hit by a decline in commodity prices.
An area that is in urgent need of multilateral dialogue and regulation is immigration, a topic of interest to the ILO, which while managed primarily by national laws, needs more international, multilateral attention. In what forum, and under what rules, do states address the shifts in skilled workers from one country to another What mechanisms need to be put in place, what sort of policies, and what sort of assistance should be in place to help developing countries benefit from the resources they increasingly put into improving education systems?
For all of these reasons, the UN system and the World Summit on Sustainable Development and the Rio Summit are necessary. Part of their value is in periodically reminding national governments that there are other national interests out there. But the real value, and this I think is the challenge to us as leaders today, is in providing the forums for moving beyond recognizing the interests of others and agreeing in a multilateral way to resolving conflicts of interest and creating proactive plans to address 'public' problems. There need to be rules for how states engage with each other, and the UN system does provide those rules. All states should abide by them, not least because fair rules also protect those states in the minority, even if they are economically or militarily large. The safeguards in a rules-based international system operate in both directions, and this is a value we cannot rate highly enough.
In conclusion, it is critically important that multilateralism is revived. Alternative conceptions of just political and economic order is a value in this world, and societies can and do adjust over time to incorporate the lessons of value in any given period of time. Thinking back over the last few decades, it is striking how different each was in economic, political, and cultural terms, and yet how the good lessons and socially positive ways for governments and states to regulate economies remain to guide policy.
On both international and domestic levels of operation, states and governments need to be more proactive in putting in place socially-beneficial policy and regulation to ensure that the social dimensions of globalisation becomes one of integration and community rather than one of division and marginalisation.
Thank you for inviting me to join you today...
<fn>GOV-ZA.2003032601En.2012-02-10.en.txt</fn>
The challenges we all face, in building effective, efficient, public-spirited, proactive and progressive health systems, are immense. This conference has a daunting agenda, and I am honoured that you have seen fit to invite me to share some thoughts.
I am mindful that alongside the scientific dimensions of health service delivery, and these are mysterious enough, there are often difficult ethical, institutional and economic dilemmas. So perhaps it is no surprise that health policy attracts critical attention. We have to deal with the difficult issues, however, and so we have to move beyond careless media comment, hasty generalizations and, to be blunt about it, grandstanding and mudslinging. Simple solutions to the medical and health care challenges we face, simply don't exist. Of course, there will be different views on what should be done, by whom and how. But I hope we can all share a commitment to honest engagement on the details and the practicalities of the issues before us. That, after all, is what the discipline and the intellectual rigour of "public health" is all about.
The 2003 Budget includes a substantial increase in health sector financing. An additional R3.4 billion was added to the 2003/04 year health allocations, and R4.5 billion to the forward estimates for 2004/05. Growth in consolidated provincial health budgets has now exceeded 11% for each of the last three years, and spending will continue to grow strongly in real terms in the years ahead.
There is also a marked redistribution of expenditure under way. Health spending grows by 23.5% in Mpumalanga, 20.1% in the Northern Cape, 19.4% in North West and 17.6% in Eastern Cape. Even provinces that have been historically advantaged receive significant increases with the Western Cape and Gauteng's 2003/04 budgets having been increased by R334 million and R373 million respectively.
Since 1994, primary health care has enjoyed priority in resource allocations. Expenditure on primary health care clinics, community centres, community based services and a range of public health interventions will exceed R6 billion next year. In addition, there are rapidly growing ring-fenced funds for HIV/AIDS, nutrition and district hospitals.
Let me briefly highlight some of our health spending priorities. More details will shortly be set out in this year's Intergovernmental Fiscal Review, which I commend to you as a valuable point of departure in getting to grips with the development challenges before us.
Physical rehabilitation of hospitals and improved hospital management are key elements in redressing the legacy of inequity and neglect. Expenditure on the Hospital Revitalisation grant has increased strongly from R140 million in 99/00 to a projected R695 million in 2002/03. Spending will rise to over R1 billion by the outer MTEF year. The increases will fund the complete upgrading or replacement of an additional 18 hospitals as part of a longer term plan to address health sectoral infrastructure.
We have also added a component to this grant to improve systems of medical equipment, to support provinces to do equipment audits, develop computerised medical equipment asset registers and develop better systems for equipment procurement and replacement. This programme encompasses more than simply addressing backlogs, and intends to achieve modern hospitals with improved functional design, improved equipment and better management and quality control systems.
A second policy thrust of the 2003 budget is to step-up the Primary School Nutrition programme. This rises from an estimated R642 million expenditure in the current year to R1.042 billion in the outer year. This addresses in part the effects of food inflation, increases feeding days to at least 156 days per year in all provinces, standardises school menus at nutritionally recommended levels and includes Grade Rs (entry level year) and certain additional schools.
A third priority in this year's allocations pertains to personnel, in recognition of the critical role of professional expertise in our health services and the need to redress the deeply distorted regional allocation of doctors and other professionals. The rural allowance is to be substantially increased and its scope broadened to a wider range of professions which are inequitably distributed - such as pharmacists, physiotherapists, psychologists etc. This aims to attract health professions to rural areas to put in place the fundamental health professional core that is required to deliver health services in all provinces.
A scarce skills strategy is being put in place to recruit and retain a range of health professional categories throughout the public service. It aims to address the fact that over 90% of pharmacists, dentists and psychologists practice in the private sector, and takes account of the problem of emigration of skilled professionals. This strategy will improve the remuneration of defined scarce skill professions throughout the public sector, and lead to public sector recruitment and employment policies that are better aligned to the circumstances of the health sector.
The fourth thrust of the 2003 budget is a further step up in the Enhanced Response to HIV/AIDS. National Treasury has worked closely with the health sector to develop a financing response to support the national HIV/AIDS plan.
In the 2002 budget, earmarked funding for HIV/AIDS jumping from R345 million in 2001/02 to over a billion rand in 2002/03 and allocations rising to R1.8 billion in the outer year. The first phase of the Enhanced Response focused on the basic preventive and promotive interventions such as: lifeskills, condoms, voluntary counselling and testing, prevention of mother to child transmission, support for the South African AIDS Vaccine initiative, cofunding the (R100 million per year) Lovelife programme and proper treatment of sexually transmitted infections. It also provided funding to strengthen programme management at provincial level and began laying the foundations for the treatment and care response, through substantial additions to the equitable share in addition to the three conditional grants to the Departments of Health, Education and Social Development.
This year's budget added a further R3.3 billion to government's response. Besides strengthening preventive programmes and supporting faster rollout of the Mother-to-Child programme and full rollout of the post-exposure programme (PEP), the 2003 Budget provides for a substantial boost to care and treatment programmes. This takes into account the additional costs arising from hospitalisation for HIV/AIDS, care of opportunistic infections and TB. The Medium Term Expenditure Framework provides for a progressive strengthening of medically appropriate treatment programmes. A Bilateral Taskteam is currently completing a review of the contribution that antiretrovirals can make to extending life expectancy, where they are appropriately administered and monitored. As you will be aware, the costs and complexity of treating Aids effectively are formidable. We will face difficult trade-offs and priority choices in balancing prevention with treatment programmes, matching health care with appropriate social and welfare service provision, and ensuring a fair allocation between responding to HIV/AIDS and addressing other pressing social and development challenges. As I have already stressed, within Government we will face these challenges forthrightly and realistically, and I know that my colleagues in Cabinet share our commitment to this approach.
The 2003 budget contains several related reforms that strengthen the links between financing and service delivery. The new programme and subprogramme structure for provincial health departments will improve accountability and transparency. It more explicitly shows funding for particular aspects of primary health care (clinics, community health centres, community based services etc.), and different types of hospitals. A new approach to strategic plans has been developed which more closely aligns planning and budgeting and clearly lays out performance and other indicators and measures for proper monitoring and evaluation. The proper use of strategic plans and annual reports, including their financial statements, can help to support the linkage between financing and service delivery.
However, far more needs to be done to strengthen management, delivery and evaluation in this sector.
Increased allocations of funds, if we are serious about service delivery, must in future be driven by improvements in measured performance - progress in improving quality of care, in managing hospitals and clinics better, in maintaining buildings and equipment, in controlling medicines and other supplies, in meeting appropriate standards of patient care.
This is partly about attitude and behaviour.
Putting in place proper standards of quality and regular audit against set standards Better financial management and reporting Physical building maintenance and asset management.
There is a wide range of other interventions, which properly belong on the agenda of public health systems development, but are often not the most exciting or headline-grabbing points of contention. I am deeply appreciative of the contribution that your Public Health disciplines have made, and continue to make - health service management sciences, epidemiological and health informatics, environmental and occupational health sciences - all have a proud record of improving well-being, contributing to quality of life and extending life opportunities.
But above all, we as government need, and our people need, your selfless leadership, responsibility and professional expertise in ensuring that basic management systems and improved quality of service delivery remain high on the health development agenda.
I wish you the very best for your conference...
<fn>GOV-ZA.200303262701En.2012-02-10.en.txt</fn>
The National Treasury hereby announces an option for holders of the R193 variable rate bond to roll it over into the R199 variable rate bond. The R193 redeems on Monday, 31 March 2003 and has a nominal outstanding amount of R5 750 000 000.00. The rollover auction into the R199 will take place on 31 March 2003, from 14h00 and close at 14h30. The auction results will be announced at 15h00.
The rollover auction will take place in the afternoon to allow the redemption process of the R193 to take place. The format of the rollover auction will be like the conventional auction in which investors tender the price of the announced bonds the R199 (30 March 2007) for this auction.
The rollover auction is based on willing-buyer-willing-seller-principle and the National Treasury reserves the right not to allot or to partially allot.
Participation in the auction is open to all BESA members and clients.
<fn>GOV-ZA.2003040201En.2012-02-10.en.txt</fn>
The Minister of Finance Trevor Manuel will launch the 2003 Intergovernmental Fiscal Review (IGFR) in Parliament (NCOP) on Tuesday 8 April. This review, now in its fourth year, provides details of government service delivery at provincial and local government level.
The Review reports on key delivery functions like school education, health, social grants, welfare services, housing, roads, electricity and water. It comprises eleven chapters covering budget and service delivery information and outlines the latest trends in provincial and local government budgets. Each chapter deals with a specific sector, for example, health, education, social services, etc in detail.
The Review facilitates comparisons between the different provinces and also between different municipalities respectively. It allows for a comparison of budgets of line-function departments or activities across provinces. It also lays the basis for setting benchmarks and best practices to be followed by other provinces and local governments. The Review is a useful instrument for facilitating service delivery trends, policy-making and analysis and promoting accountability to legislatures and the public.
Provincial education budgets - The chapter on education covers actual school and education budgets for the 2003 MTEF. It shows the budget per learner per province and also shows past problems in funding textbooks and other learner support materials.
Provincial health budgets - The chapter covers actual expenditure and budgets on Health from 1999/00 through to 2005/06. The chapter also outlines spending on medicines, laboratory services, surgical consumables and other supplies and capital. Comparisons among provinces are made in this regard. Spending on HIV/Aids and the patterns thereof are made in the review.
Roads infrastructure and transport -The chapter presents a consolidated picture of national and provincial spending on roads construction and maintenance. It outlines spending on commuter rail infrastructure, public transport subsidies and planning, and highlights road safety budgets.
Housing - The chapter reviews spending on housing subsidies and looks at expenditure and housing budget trends from 1999/00 to 2005/06. Challenges facing the low-cost housing delivery are identified in the chapter.
Agriculture and Land -Some of the key obstacles in the development of emergent farmers is highlighted, including the role of provincial departments. Implementation of land reforms is also highlighted.
Electricity and Water - One of Government's key objective is the electrification of all households and the provision of free basic services to poor households. The chapter on electricity finally addresses the challenges in reforming the industry to be less fragmented and more efficient in delivering services. Spending on water and electricity by municipalities is also provided.
The parliamentary deliberations on the IGFR over the next few weeks will present an ideal opportunity for in-depth reporting on service delivery, trends and financial management in provinces and local government. In addition stakeholders and experts will engage with parliament on this review during this period.
The Minister of Finance will address the media at a pre-launch pressbriefing on Tuesday 08 April at 11h00 in the Rain Forrest Room at parliament.
<fn>GOV-ZA.2003042401En.2012-02-10.en.txt</fn>
The National Treasury has awarded Dresdner Kleinwort Wasserstein and Citigroup, together with its partner Tri-Linear, the mandate as Lead Managers for a possible Eurodenominated global bond offering. Standard Bank of South Africa has been awarded the mandate for Senior Co-Lead Manager.
"A registration statement relating to the securities to be offered has been filed with the US Securities and Exchange Commission and has been declared effective. This communication shall not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the securities in any jurisdiction in which such offers, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction."
<fn>GOV-ZA.2003042En.2012-02-10.en.txt</fn>
To amend the Criminal Procedure Act, 1977, so as to introduce leave to appeal and petition procedures in respect of decisions of lower courts; to provide that certain appeals against decisions by the lower courts and the High Courts relating to children may be noted without having to apply for leave to appeal; to provide that certain appeals must be considered on the written agreement of the parties; and to provide for matters connected therewith.
2 Amends section 309 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes subsection (1) (a) ; and paragraph (b) substitutes subsection (3A).
3 Substitutes sections 309B, 309C and 309D of the Criminal Procedure Act 51 of 1977.
4 Amends section 315 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (2); and paragraph (c) substitutes subsection (5) (a).
5 Substitutes section 316 of the Criminal Procedure Act 51 of 1977.
6 Amends section 317 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (5).
The provisions of this Act do not apply in respect of any appeal pending before a High Court or the Supreme Court of Appeal on the date of the commencement of this Act.
Notwithstanding any amendments to the Criminal Procedure Act, 1977 (Act 51 of 1977), effected by this Act, the rules applicable to the Supreme Court of Appeal, the High Courts and the magistrates' courts in respect of appeals, as existing on the date of the commencement of this Act, shall, subject to any subsequent amendments thereto, continue to apply in respect of such appeals: Provided that any reference therein contained to a provision of the Criminal Procedure Act, 1977, that has been amended by this Act, must be construed as a reference to the corresponding provision of that Act as amended.
The Rules Board for Courts of Law must revise and, when necessary, amend all rules in respect of appeals applicable to the Supreme Court of Appeal, the High Courts and the magistrates' courts in accordance with the provisions of this Act.
Any draft rules contemplated in paragraph (b) must, within three months after the date of the commencement of this Act, be submitted to Parliament.
Any amended rules must be approved by Parliament and thereafter be published in the Gazette.
This Act is called the Criminal Procedure Amendment Act, 2003, and comes into operation on 1 January 2004 or any earlier date as the President may determine by proclamation in the Gazette.
<fn>GOV-ZA.200304En.2012-02-10.en.txt</fn>
To obtain a copy of the SA Yearbook 2003/04 or Pocket Guide to South Africa 2003/04, please e-mail your request to delien@gcis.gov.za, stating your postal address, physical address and telephone numbers.
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As Minister of Arts and Culture it was with sadness that I learnt of the passing away of the internationally renowned artist, Cecil Skotnes this week. From 1952 to 1966 Cecil Skotnes taught art at the Polly Street Art Centre, in Johannesburg, which was virtually one of the only places for black artists to receive training until the appearance of Rorkes Drift Centre in northern KwaZulu-Natal (KZN) in the late 1960s.
URL: http://www.info.gov.za/speeches/2009/09041610451001.
Msunduzi Municipal Library formerly The Natal Society Library has provided public library services for the people of Pietermaritzburg since 1850. On 1 April 2004, libraries and staff of The Natal Society were integrated into the Msunduzi Municipality as Msunduzi Municipal Library Services. The main library, named the Bessie Head Library, and eight branch libraries, aim to provide a comprehensive library service to all residents of Pietermaritzburg and the Msunduzi Municipal area.
URL: http://www.info.gov.za/speeches/2009/09031216451001.
URL: http://www.info.gov.za/speeches/2009/09030416451001.
Accolades are in order for Robyn Orlin who is being made a Knight of the French National Order of Merit in recognition of her remarkable creative contribution to the arts. We are proud of Robyn Orlin, a South African receiving this prestigious award from France. May Robyn Orlin continue with her creative impulse reaching further heights.
It speaks to the outstanding literary talent in our country that the five authors shortlisted for the best book from the Africa region are all from South Africa. Another aspect of the coveted prize is to promote new voices through the best first book prize and here too of the five selected authors for the Africa region, four are from South Africa and one from Nigeria.
Results: 1 to 4 of 4 (104434 searched in 0.914.
URL: http://www.info.gov.za/speeches/2001/010731945a1004.
URL: http://www.info.gov.za/speeches/2001/010727345p1002.
The Department of Education (DoE) is to launch the long-awaited National Curriculum Statement (NCS) in Pretoria, on 30 July (Monday), for public comment. Professor Kader Asmal, the Minister of Education, will brief the media on the draft curriculum after a meeting with all Education MECs. The proposed Revised NCS consists of an overview, eight learning area statements, a learning programme framework, and a qualification and certification framework.
URL: http://www.info.gov.za/speeches/2001/0107271145a1001.
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The fourth quarter figures provide the first estimates of total provincial spending for the 2002/03 financial year. These figures are, however, not final, as provinces are still reconciling and closing their books, in preparation for finalising their financial statements for submission to the Auditor-General by 31 May 2003. It is therefore advisable to wait for the final figures before any definitive conclusions can be made. The National Treasury will publish the final figures in June.
The fourth quarter figures indicate that provincial year on year spending increased sharply between 2001/02 and 2002/03, confirming that spending capacity, especially on capital, improved considerably. Provinces spent R145,8 billion, or 98,7 per cent of their total revised budget of R147,7 billion. This is R23,2 billion more than the expenditure last year.
The preliminary consolidated provincial budget deficit is R3,1 billion, financed mainly from last year's rollovers and cash balances accumulated in previous years. The budget deficit is R198 million lower than the estimated projected deficit reported in the Budget Review, and R792 million higher than the projections in the 2003 Intergovernmental Fiscal Review (IGFR). The Budget Review and Intergovernmental Fiscal Review were based on 9 months and 10 months of actual figures respectively, and hence represent earlier projections.
Provinces are performing well on their capital spending compared to last year. Capital spending is R13,8 billion or 84,3 per cent of the adjusted capital budget of R16,4 billion. This is R2,5 billion or 21,8 per cent more than the expenditure at the same time last year. The bulk of the remaining R2,6 billion on capital may also be committed on projects, but the extent of such commitments are not available at this stage. This analysis is based on the statement on revenue and expenditure to be published by the National Treasury today (30 April 2003), and is available on the treasury website www.treasury.gov.za.
National government transferred R123,5 billion of the equitable share grant, and R13,5 billion in conditional grants, to provinces for the 2002/03 financial year.
Social development expenditure increased by R8,7 billion from R23,8 billion in 2001/02 to R32,5 billion in 2002/03.
Health expenditure of R33,2 billion is R3,5 billion higher compared to 2001/02 financial year.
Strong growth in education capital spending. Present expenditure of R1,7 billion is R277 million higher than in 2001/02.
Provincial own revenue is R1,3 billion higher than the R4,4 billion adjusted own revenue budget.
This report on the preliminary outcome of the 2002/03 provincial budgets after a full year of spending (from 1 April 2002 to 31 March 2002) is based on their budgets as adjusted (through their Adjustments Budgets). Table 1 indicates their revised budget against expenditure and the possible under expenditure per province.
 Provinces spent R145,8 billion, or 98,7 per cent of their total revised budget of R147,7 billion. This is R23,2 billion more than the expenditure at the same time last year.
 Personnel expenditure is R74,0 billion or 50,7 per cent of total provincial spending.
 Provinces have budgeted R117,9 billion for social services, which include spending on education, health and social development1. Spending on social services is at R118,4 billion or 0,4 per cent higher than the adjusted budget.
o School Education: Education expenditure is at R52,7 billion or R119 million higher than the adjusted budget of R52,5 billion. This is largely due to Eastern Cape overspending its personnel budget by R573 million. Education spending is R5,8 billion higher than the 2001/02 financial year. The education budget is largely personnel driven and expenditure on personnel is R45,7 billion or 2,5 per cent higher than the adjusted budget of R44,6 billion.
o Health: Health expenditure is R33,2 billion or R211 million more than the adjusted budget of R33 billion. Health spending is R3,5 billion higher than the 2001/02 financial year.
1 It should be noted that education, health and social development expenditure is by department, and not functional expenditure classification as presented in the Budget Review.
o Social Development: Provinces spent R32,5 billion or R145 million more than the adjusted budget of R32,4 billion. This represents a massive increase over the R8,7 billion compared to spending in 2001/02. The reason for this is the acceleration in the take-up of the Child Support and Disability Grants, as well as payment of approximately R1 billion of the R2 billion social grant arrears (transferred on the last day of the previous financial year) during the 2002/03 financial year.
Education 52 539 975 52 659 219 100.
Health 33 024 685 33 236 182 100.
Social Development 32 360 229 32 505 021 100.
Total 117 924 889 118 400 422 100.
 Capital expenditure for the year is R13,8 billion or 84,3 per cent of the capital budget. This is a significant improvement on last year, as provinces have spent R2,5 billion more compared to last year, representing an increase of 21,8 per cent on capital spent last year.
 The extent of underspending on capital cannot be assessed at this stage, as the share of the remaining R2,6 billion may also be committed and not paid out due to the multi-year nature of capital projects.
 Provinces with the highest proportion of capital spending are Limpopo, North West, Western Cape and Mpumalanga who each spent more than 90 per cent of their adjusted capital budgets, with the lowest being Eastern Cape and Free State at just under 70 per cent. In absolute terms, the highest capital expenditure is in Gauteng at R3,4 billion, followed by KwaZulu-Natal (R2,8 billion), Eastern Cape (R1,8 billion) and Limpopo (R1,5 billion). Capital spending in all provinces increased sharply compared to 2001/02.
2002/03 Adjusted Expenditure as % Actual vs.
Eastern Cape 2 746 662 1 817 196 66.
Free State 1 090 941 762 432 69.
Northern Cape 350 502 304 527 86.
North West 1 034 532 942 712 91.
Western Cape 1 551 690 1 398 330 90.
Total 16 360 581 13 792 096 84.
The biggest provincial capital budgets are for public works, roads and transport. These departments are performing the best, having spent their entire budget of R4 billion. The spending compares well with the full-year spending of R3,1 billion 2001/02. Between provinces, the lowest spending is Northern Cape (88 per cent), whilst Eastern Cape recorded 125 per cent2.
Table 4: Capital Expenditure: Public Works, Roads and Transport 2002/03 Adjusted Expenditure as % Actual vs.
Eastern Cape 488 317 614 252 125.
Free State 281 576 253 247 89.
Northern Cape 159 101 140 065 88.
North West 232 953 224 175 96.
Western Cape 712 706 649 977 91.
Total 4 024 049 4 128 982 102.6% 3 064 444 1 Some public works capital expenditure reports include some health and education capital spending, e.g.
Education departments have spent 73 per cent or R1,7 billion of their budget. This level of spending exceeds the full-year spending of R1,4 billion in 2001/02. The spending in Free State (38,9 per cent) is relatively low, whilst Mpumalanga, North West, Northern Cape, Eastern Cape and Western Cape all record over 85 per cent spending.
Eastern Cape 401 257 367 042 91.
Free State 255 497 99 329 38.
Northern Cape 14 941 38 502 257.
North West 135 356 153 765 113.
Western Cape 42 058 37 527 89.
Total 2 273 059 1 659 489 73.
Health departments have spent 86,8 per cent or R2,2 billion of their budget. This level of spending is at the same level in 2001/02. Between provinces, the lowest share of spending is in North West, Eastern Cape and Northern Cape with Gauteng recording the highest share at 122,1 per cent.
2 Some of the public works reports contain some of the capital spending for education and health. This is the case in Western Cape and Gauteng, hence the "overspending" in Gauteng. The monthly reports are not always fully reconciled when submitted for publication. The financial statements produced by 31 May 2003 will reconcile such spending to the correct departments.
Table 6: Capital Province Expenditure: Health 2002/03 Adjusted Budget R'000 Expenditure as at 31 March 2003 % R'000 Actual vs.
Eastern Cape 541 715 294 340 54.
Free State 48 239 43 642 90.
Northern Cape 49 212 34 427 70.
North West 207 494 107 823 52.
Western Cape 60 104 48 654 80.
Total 2 589 222 2 247 416 86.
Expenditure in housing is R3,8 billion or 75,9 per cent of the adjusted budget of R5 billion. The Eastern Cape classified its spending on housing as current and, if corrected, the level of spending on housing will be much higher than reflected. The other provinces, except Northern Cape, show spending of above 85 per cent.
Province 2002/03 Adjusted Budget Expenditure as at 31 March 2003 % Actual vs.
Eastern Cape 795 526 19 803 2.
Free State 375 876 328 171 87.
Northern Cape 105 091 76 797 73.
North West 379 892 372 922 98.
Western Cape 404 840 384 984 95.
Total 4 998 667 3 793 792 75.
 Provincial own revenue is R1,3 billion higher than the R4,4 billion adjusted own revenue budget.
 The higher level of revenue collected compared to budgeted revenue is an indication of provinces being conservative in their revenue projections in their initial budgets, as the R4,4 billion adjusted budget is still less than the R4,9 billion actually collected in the previous year (2001/02).
 National government transferred R123,5 billion of the equitable share grant, and R13,5 billion in conditional grants, to provinces for the 2002/03 financial year.
 In total, including provincial own revenue, provincial revenue at the end of the financial year is R142,7 billion or R16,3 billion higher than in 2001/02.
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In line with other Rating Agencies, today, 7 May 2003, Standard and Poor's has raised its longterm foreign currency ratings on the Republic of South Africa to 'BBB' from 'BBB-', and its local currency ratings to 'A/A-1' from 'A-/A-2'. At the same time, the 'A-3' short term foreign currency ratings of the Republic were affirmed. The outlook is stable.
The upgrade comes as no surprise and reflects the continued strength of South Africa's macroeconomic performance and improvements in the country's external position. Standard and Poor's cites South Africa's track record on fiscal management as the key factor underpinning improvements in South Africa's credit. Standard and Poor's states that 'the government's strategy of broadening tax base and improving tax administration continues to underpin a strong revenue performance providing government spending flexibility'.
According to Standard and Poor's, this has enabled a cautious shift towards a growth orientated fiscal stance, with higher infrastructure and social expenditure, and tax cuts for lower and middle income households. Standard and Poor's also praised the South African Monetary Policy, highlighting that the country's external position and liquidity are improving. The phasing out of the Reserve Bank's net open forward position and the gradual relaxation of exchange controls were also highlighted as underpinning the improvements in the South African credit. The credibility of inflation targeting was seen as one of the contributory factors in ensuring prudent Monetary Policy.
The South African upgrade takes place in an environment where there has been a number of credit downgrades and defaults, signifying the sweet fruits of the South African government's labour. Further, the economic growth numbers continue to outperform those of other countries and South Africa continues to successfully weather the current economic global slowdown.
This upgrade, again, confirms the long held view that the macroeconomic path that the leaders of South Africa are following, is a good one. Indeed, South Africa is on the route to prosperity.
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Views on globalisation tend to polarise fairly quickly. For policymakers, even the selection of polar opposites in this debate is a non-existent luxury. The truth is that there is no turning back from the present high degree of economic Integration, uneven as its development is.
That it is not whether you globalize that matters, it is how you globalize. The world market is a source of disruption and upheaval as much as it is an opportunity for profit and economic growth. Without complementary institutions at home - in the areas of governance, judiciary, civil and political liberties, social insurance, and of course, education - one gets too much of the former and too little of the latter. The weakness of domestic institutions of conflict management was the Achilles heel of the development strategy pursued in Latin America, Middle East and elsewhere, and this is what made these countries so susceptible to the external shocks of the 1970's.
Undoubtedly, then, economic integration must be managed because it carries the possibility to severely restrict the degree of policy choice that a country has. It is worth reminding ourselves that the extent of limitation of choice and country's demand for access to capital, are in direct proportionality. The key variables are firstly, the financing of the fiscal deficit and secondly, the dependence on external capital for financing economic expansion. Alternatively stated, a country in fiscal surplus with a level of domestic savings sufficient to finance its own development has far more policy room.
1 Dani Rodrik is professor of international political economy at the John F Kennedy School of Government, Harvard University. The quotation is from the Prebisch Lecture he delivered in Genevaon 24 October 1997.
Countries which are entirely dependent in the Bretton-Woods Institutions for finance would have the policy limitations imposed through the Washington Consensus or its derivatives. This is quite a formal limitation.
Alternatively, the restrictions are imposed informally by virtue of interconnectedness. In "The Lexus and the Olive Tree", Thomas Friedman describes this as "The Golden Straitjacket".
We have a world where our fates are linked, but [India's specific] concerns don't get taken into account. It brings a lot more anxiety. If you are operating an exchangerate policy, or monetary policy, your policies become an adjunct of what Alan Greenspan does. It reduces your degree of freedom, even in fiscal policies. In a world in which capital is internationally mobile, you cannot adopt rates of taxation that are far from the rates that prevail in other countries and when labor is mobile you also can't be out of line with others' wages. It has reduced the amount of manoeuvrability...
The key issue is the extent of capital mobility and a country's demand for a portion of the free float.
The political trilemma of the global economy is that the nation-state system, democratic politics and full economic integration are incompatible. We can at most have two out of the three. It follows that the direction in which we seem to be headed - global markets without global governance - is unsustainable.
In the context of restricted policy room, let us then return to the issues of the nation- state and democratic politics. Here, an important question arises - "what are the people willing to accept" This clearly is a function of their own political or security experiences and the value they attach to their sovereignty. However, the circumstances in a particular country may also be affected by geo-strategic considerations. Major powers may want the success of a particular reconstruction effort sufficiently. In such an instance, donor aid will b?
2 The Lexus and the Olive Tree, Thomas L Friedman, p108 , Harper Collins edition. 3 Dani Rodrik, at p1 of 'Feasible Globalizations', published July 2002 mobilised in large quanta and policy nuances will be tolerated, if this is deemed a prerequisite for a buy-in by the people.
In the South African experience we found that whilst there was a verbal enthusiasm for the termination of apartheid and the establishment of democracy, this did not translate into huge flows of donor aid. Which may be just as well - it provided us with a bit of additional policy room.
Here, the horrors that people had lived through and the collective experience of the long struggle against apartheid meant, and indeed still means, that there is a premium attached to sovereignty. It has been possible to persuade all South Africans that there are resource constraints which require careful choice.
from macro-economic choices to spending priorities. We shall return to this topic presently.
In the context of the 'trilemma', with the space for democratic politics and policy fettered by 'the golden straitjacket', there are four dimensions that determine the quality of both the reconstruction effort and its outcomes, these are quality of political leadership policy choices made mechanism of voice to ensure participation credibility of the state apparatus.
Let us examine these in the South African context.
The key determinants of leadership are the strength of vision; the ability to take decisions, even those that appear unpopular; the extent of organisational support earned and the resoluteness on matters of principle and the ability to persuade, even those outside of the fold.
Successive leadership cadres in South Africa have all combined these tenets of leadership. Furthermore, the presence of leadership with integrity and a history of sacrifice added substance to these qualities.
We must be mindful of the fact that the demands on leadership have not been constant over time - the constituency to be won over - the prevailing risks and rewards and the ability to deepen the buy-in all shift with time and circumstance. Leadership must be able to correctly read the pulse and, perhaps more importantly, determine whether a historic shift is attainable.
One of the most critical challenges of leadership arises in respect of understanding risk and influencing what it has no immediate control over - this matter was debated intensely between the ANC and its allies.
The more strategic contest is taking place beneath the superstructure: it is about the ownership and control of resources and the freedom of the state and the classes it represents to regulate and manage the accumulation and allocation of capital in their own interest.
The quality and resolve of leadership will be repeatedly tested - a unipolar world is also an intolerant world. This needs to be borne in mind because of the reality that globalisation, taken at the full, fetters domestic decision-making. The focus has to be on developing a transformation programme which is both deepening and sustainable. This demands leadership capable of understanding the domestic and international demands simultaneously and then taking the correct decisions. (No prospect of 'might is right' for the political leadership of developing countries!) If the leadership is incapable of withstanding these stress tests, the 'golden straightjacket' could easily become a whalebone corset, designed and fitted by outsiders. South Africa has not had this problem.
The policy choices in South Africa were embodied in the Reconstruction and Development Programme (RDP) which was drafted before the elections of 1994, virtually as a part of the manifesto process.
'Developing Human Resources', 'Building the Economy', 'Democratising the State and Society' and 'Implementing the RDP'.
The key value of the RDP was, and still is, in respect of its commitment to fundamentally transform the apartheid legacy. It is the essential buy-in ingredient.
Time and circumstance do not permit a thorough-going review - indeed, that it is the subject of a separate detailed study.
Performance against the objectives is truly mixed. Government has performed much better in those areas over which it has more direct control. In 'Meeting Basic Needs', there are areas like the number of houses handed over or the number of water connections where government has exceeded expectations. In areas which require the independent action of outside agencies, as with job creation in the 'Building the Economy' pillar, performance is poorest. There is also a set of objectives where time lags affect the outcomes, such as with the skilling and reskilling the workforce under the Developing Human Resources' pillar.
In the youthful enthusiasm which marked the period during which the RDP was drafted, some of the complexities of governance were not foreseen - so for example, the restructuring of the public service to ensure representivity has proceeded well but, the public service benefits more extensively from labour rights than the rest of the workforce. The quality and punctuality of services rendered (rather than financial resources available) leaves much to be desired - our weakness then in respect of what the RDP calls 'serving the people' and we in government have called "Batho Pele" (People First) is a result of the contradiction which results from the mismatch between rights and obligations in respect of the public service.
Managing unpopular elements of even popular broad programmes like the RDP remains an extremely difficult exercise. In drafting the RDP, the macroeconomic challenges were recognised, but given inadequate attention, perhaps because it involved less popular choices.
Financing the RDP represents both a challenge and an opportunity to revive our economy and set it on a path to sustained reconstruction and development. We must finance the RDP in ways that preserve macroeconomic balances, especially in terms of avoiding undue inflation and balance-of-payment difficulties. (at 6.2.
The existing ratios of deficit, borrowing and taxation to GNP are part of our macro-economic problem. In meeting the financing needs of the RDP and maintaining macro-economic stability during its implementation, particular attention will be paid to these ratios. (at 6.5.7).
Yet, the hard options to undertake macro-economic reform, as articulated in the RDP document were never really accepted by some within the ANC and the tripartite alliance. It is for this reason, that some had seen GEAR5 as supplanting, rather than reinforcing the RDP. Not even a well-crafted resolution at the ANC 50th National Conference succeeded in modulating the intensity of the debate.
The resolution6, under the 'Therefore Resolves' section (@5.
The strategy for Growth, Employment and Redistribution (GEAR) is aimed at giving effect to the realisation of the RDP through the maintenance of macro balances and elaborates a set of mutually reinforcing policy instruments.
One of the key challenges of government was to ensure that the RDP implementation became an everyday part of what government does. From April 1994 to April 1996 the RDP was implemented through an office of a Minister without portfolio.
5 Growth, Employment and Redistribution (GEAR) a Macro-economic strategy introduced into parliament on 14 June 1996. 6 Resolution on Economic transformation of the ANC 50th National Conference, adopted at Mafikeng December 1997 take responsibility for RDP implementation as part of its normal operations. In the minds of some, this was perceived as a hostile act which terminated the RDP implementation. Whilst the implementation record will tell a very different story, this perception lingers because, as with the introduction of GEAR, it was perceived to be unpopular.
The strongest mechanism of voice is in elections. To date, we have had two national/provincial elections (1994 and 1999) and two municipal elections (1995/6 and 2000). Two observations about these elections stand out - firstly, that voter preferences have remained more or less constant and secondly, that voter turnout has been high, given that voting is not compulsory. This says much about the first ten years of democracy given that in 1994 we had "Uhuru" elections.
Voice is intended to be strongest in respect of municipal government where we have undertaken substantial reform in December 2000, including the consolidation of municipalities from 843 to the present 284. In addition, the participation of residents is statutorily required by the Municipal Systems Act for the preparation of Integrated Development Plans annually and for regular accounting by ward councillors. These experiences are less heartening than voter turnout - partly, because the exercise is relatively new and inadequately understood. Furthermore, we have capacity constraints in many of our local authorities resulting from a combination of weak administration and an uneven quality of local leadership.
The same trends obtain in other areas, like School Governing Bodies where legislation established community governance of schools but the locus of strength of school governance is a function of race, class and geography. In essence then, the gaps between intent, as established in statute and practice, is an area which requires continuous attention and nurturing.
Outside of the formalities of government, the issue of voice arise in respect of the NGO's. The amplitude of this voice is often a function of proximity to alternate centres of power, such as the press. The difficulty in a democracy is in measuring what these NGO's truly represent. In South Africa we really have a mixed bag ranging from reasonably strong community based organisations to dial-a-quote-on-any-issue type NGO's. We need a measure to ensure that representative voices are heard (both by government and the press) and those whose only saving grace is their connectedness, can be ignored.
The South African Constitution lays the basis for constructing a modern state with welldefined linkages between the various arms.
Let me confine my comments to the Executive Branch. We have had to construct 9 new Provincial Governments and 284 new municipalities, in addition to transforming national government and its parastatals. This process of refocus, of policy change, of re-equipping organisations whilst delivering on mandate has probably been the most exciting part of the first 9 years of democracy.
Build a new national treasury - capable of leading enormous budget reform, in line with a change in policy direction; report to parliament and the people, more generally; vastly improve on the track-record of asset and liability management.
Construct an entirely new Revenue Service - the premium we attach to our sovereignty requires that we minimise the finance gap. So, beyond changing tax policy, we have had to entirely restructure the agency responsible for collection.
Liaise with provincial governments to ensure that their Treasuries are strong. This is ongoing work and requires a combination of legislative and political means (for example the Intergovernmental Fiscal Relations Act and the notion of 'Team Finance') and where necessary strong intervention to support (through the application of Section 100.
Rewrite the legislation and regulations for public finance management to improve on transparency and accountability.
Reconstruct the relationship with a now independent central bank - including the redefinition of its mandate and the anchoring of its independence in an inflation targeting framework.
Build new relationships with our neighbours in Southern Africa, through SADC and contribute to developing the mechanisms required by NEPAD and the African Union.
Improving on participation in multilateral bodies - the Bretton-Woods Institutions, ECOSOC at the UN, the African Development Bank, the G20, the Financial Stability Forum, the Financial Action Task Force etc.
Every Ministry could tell similar stories of driving substantial programmes of reform, whilst delivering in manner in which performance is measured by outside agencies (See Chapter 9 of the Constitution) and refining policy as we advance. The scale of reform is unprecedented anywhere. It is this process across government which needs to be measured to determine the institutional credibility.
Are we as good as our word Are we capable of delivering a democracy which is continually deepening Can we shield the hard-won sovereignty And, for the electorate, how would others perform in similar circumstances?
In South Africa, the challenge of democracy requires that we remain alive to the development imperatives. The imperative is shaped by the cleavages inherited - they exist in race, gender, geography and class. Our reconstruction endeavours demand that we remain mindful of these - we have to implement in a manner which recognises that the choices are indeed political and not merely the legal/technical Constitutional mandate. At the same time, we will continue to argue for multilateral decision-making and work to win a place within multilateralism for South Africa.
the quality of leadership, the policy choices, the mechanism of voice and institutional credibility has serve us reasonably well, and will probably continue to do so. We have to push hard for policy room and democracy against the mediocrity and risk of 'one-size-fitsall' globalisation.
We can offer our experiences for example and analysis - we remain of the view that experiences of transition are not easily transposable. We have examined the balances between rights and development elsewhere, we know that what we have here, is the product of the inimitable history of South Africa.
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Ladies and gentlemen, distinguished guests.
It is most gratifying to see so many eminent people, so many lawyers, accountants, engineers, business executives, here tonight. Gratifying because I am delighted to welcome you to our modest celebration of four years of progress in our public-private partnership programme. But gratifying more particularly because such a formidable gathering of intellectual and financial capital, at a launch of some 300 folios of dense, frankly insufferably uninteresting text, which in itself represents not a single cent of business opportunity, signals that we must have got something right. There must be something in the evolution of Chapter 16 of the Treasury Regulations that has struck an alarm bell. There must be something in the interaction you have had with our PPP team that has elevated your interest above the ordinary. There must be something in the third derivative of the escalation algorithm in the fourteenth schedule of the annexure to the fifth codicil that has alerted you to the possibility of a performance bonus going astray. There must be something, something important, that has brought you here.
That thing is of course really just the fact that we are serious about making public private partnerships work in South Africa. Deeply, profoundly serious. The challenges we face - building and maintaining roads, rehabilitating our hospitals, streamlining the justice system, banking the unbanked, delivering water, preserving our biodiversity heritage, bringing computers and connectedness into schools and clinics - are deeply serious undertakings. And so when we seek to harness the resources, the project management capacity, the technology and knowledge, that resides in the business sector, in pursuit of these public purposes, we do so on the strength of legally secure, financially sound, forward-looking, affordable, costeffective, transparent contracts.
That is why we are here. Too often, in too many countries, in too many projects, weakly specified contracts have led promising partnerships into conflict, contestation, failed services, unmet targets, unpaid bills and court proceedings. Hope has ended in disillusionment. Opportunity has ebbed away. The poor have ended up paying for services they don't receive. Business sector growth prospects have withered and died.
We will not go down that route. Those who think that service delivery contracts can be signed off on the basis of casual disregard for procurement procedures and a halfhearted flip through the pages do not belong on our government side negotiating teams. And those businesses who think that government contracts are a licence to overcharge for shoddy services or to offer system designs that meander from one mediocre consultant's report to the next incontinent permutation, should know that they also do not belong in this partnership. Our approach begins with a nonnegotiable shared understanding. We are together here, custodians of our nation's well-being and our children's heritage. And these hundreds of pages of draft contract terms are about ensuring that we exercise that custodianship correctly. Nothing less. We have, over the past several months, put our best efforts into developing these drafts, and our invitation is that you share with us, over the month ahead, in refining the standard provisions of this custodianship. It is a serious undertaking, and I am deeply grateful that you are here to share it with me.
But I would also like to say that the progress we have made to date, represented in part by the text of these draft provisions, but also by the 50 contracts in progress, or under negotiation, or in feasibility stage, in terms of Chapter 16 of the Regulations, and the toll road concessions and prison projects that pre-date the establishment of the PPP Unit, and the various initiatives that have been supported by the Municipal Infrastructure Investment Unit - this evolution of a philosophy of risk sharing and farsighted project management, owes its success in no small measure to your efforts as advisors, as investors, as project leaders and as participants in long hours of project development, refinement and negotiation.
We have learnt a great deal, and I am sure you have shared in this learning curve, both before and since our Strategic Framework for Delivering Public Services through Public-Private Partnerships was published three years ago. That learning is in itself a partnership of non-trivial dimensions, and I would like to pay tribute to the unsung efforts of all those who have joined in this process, both those whose efforts have been charged by the hour and those whose motivation has been more qualitatively calibrated.
This government's overwhelming priority is to meet the socio-economic needs of all South Africans, and in particular, to alleviate poverty.
In seeking to address these challenges, government has to balance short and longterm goals, and pursue its objectives in a sustainable manner. Economic policy and the use of resources must therefore be affordable. Government cannot impose undue risks or burdens on future budgets and future generations through the imprudent commitment of scarce resources to unaffordable projects.
Two key policy themes were recently emphasised in our Medium Term Budget Policy Statement:  The focus of public spending on programmes that promote human development and broaden economic opportunities; and  The targeting of additional expenditure on capital formation and maintenance of infrastructure assets.
 We have to arrest the deteriorating condition of parts of the public infrastructure estate - including buildings, roads, and rail rolling stock - and reverse the escalating cost of rehabilitating or replacing this asset base. The problem is particularly evident in the provincial and local spheres where budgetary and capacity constraints led to marked reductions in infrastructure spending in past years. Progress remains uneven, but the recently published Intergovernmental Fiscal Review illustrates clearly and in considerable detail how this tide has turned.
 We have to deal with the remaining institutional weaknesses and the resulting inefficiencies, underspending and slower than anticipated delivery in several priority area.
 In some localities, floods and other disasters have added to the urgency of rehabilitating the infrastructure and road network.
 We recognise the important role that infrastructure plays in improving quality of life in poor communities, often through relatively labour-intensive activities that contribute significantly to job creation and - as President Mbeki has emphasised - reliance on normal participation in income-earning occupations.
 Then there is also the impact of improved infrastructure on industrial development and tourism, which are of vital importance both to economic growth and job creation.
In addressing these challenges, we seek several objectives through the design and structure of public private partnerships.
 The introduction of enhanced management skill into public service delivery is of considerable benefit in service quality and effectiveness;  The contractual assurances of specified service standards and affordability also bring stricter and more effective management of risk.
Of course, these objectives also require that government departments or agencies embrace new approaches and develop greater depth of project negotiation and management capacity. This is both about meeting and engaging with the strategic issues that arise on equal terms, but is also about the greater challenge of representing the wider interests of citizens and taxpayers, and ensuring that democratic accountability is not undermined by the dispassionate decentralisation of contract negotiation.
There are three critical requirements of PPPs which, as you know, have been elevated to the status of doctrine in the current Treasury Regulations.
 It must transfer appropriate technical, operational and financial risk to the private party.
Let me take the liberty of suggesting a few aspects of these criteria that you might want to bear in mind as you examine the draft Standard Provisions in the weeks ahead. Think of these, perhaps, as Ministerial concerns.
Affordability. This means, of course, that we will not commit budget expenditure that is not available. This sounds obvious, but it is astonishing how often the initial design or project specification falls into the trap of aiming for higher levels of service than the country can readily afford. But affordability is also about much more difficult, socially nuanced considerations. A sensitive issue in toll road project design, for example, is the structure of tariff-setting, including discounts for regular local traffic users, and appropriate differential costs on distinct categories of road users. Affordability is both about budgetary considerations and about wider human, social or environmental considerations. Analogous issues arise in water concessions or projects involving access to land and ecological assets. Our toll road concessions involve a considerable shift of these responsibilities to concessionaires. Needless to say, the issues remain in the public domain and so remain "Ministerial concerns" - but notice that there is now an implicit partnership, or shared custodianship between Government and the concessionaire in this unavoidably contested terrain of public service tariff-setting. And affordability, in this public terrain, is not just about a capacity to pay and a fair balance between outlay and reward, but it is also about avoiding the unnecessary exclusion from public goods or services of those who could be accommodated without cost or inconvenience to others, but who lack the means to pay. It is, in other words, about familiar problems of public utility tariff-setting in the presence of excess capacity and declining marginal costs.
Value for money. We have borrowed from international experience, and we look for an intelligently structured "public sector comparator" against which we can assess the case for bringing profit-seeking capital into the delivery of public services. But of course we are also stretching the demands on our projects to new lengths, and we are placing high demands on bidders to respond with imagination and innovation. We want our PPPs to produce high standards at affordable cost; we want to see impetus given to black economic empowerment; we want to see local economic development spin-offs for small and medium businesses; we want to see skills transfer; and we want to see job creation. All of these "add value" in increasingly complex and qualitative ways. But they make the public sector comparator increasingly irrelevant or artificial as an evaluative benchmark. They also bring additional performance criteria and distinct risks, often in the absence of appropriate data and agreed indicators. I said I would mention my Ministerial concerns, I leave it to you to prepare the appropriate solutions.
The transfer of risk to the private party. The doctrine of original sin: private interests collude to undermine the public good; pass on the game-keeper's role to the poacher. In the perfect PPP, all risks are fully covered by offsetting profit-seeking interests, the public good is assured by a lump-sum unitary charge, uncertainty is disposed of through complete contract specification. And if we happen to have missed some critical future event, like the invention of perpetual motion, we can recontract because time moves backward just as easily as it progresses forward. Unfortunately, life isn't quite like that. Information is unavoidably incomplete; the possibilities for collusion are unlimited; there is the practical inconvenience of complying with awkward features of the tax laws. So the risk-transfer objective is really about a sensibly structured set of compromises. The concern here is that it is so much easier to specify the elements of the risk matrix that are financial, quantifiable, businesslike, auditable and well-behaved. These are the risks that can for the most part be disposed of through assignment and pricing. But there are other aspects of the world we inhabit that are best addressed through collective decisionmaking, through the exercise of voice, through consultation and democratic processes. Some risks can be assigned and then managed; others are better managed and then assigned. Again, I merely articulate a concern; I look forward to further engagement.
As many of you know, the PPP Unit has already published several guideline documents to assist national and provincial departments and government agencies in preparing and overseeing PPP transactions. The development of these Standardised Provisions, however, represents a step-change in our PPP programme.
This has been a complex and exhaustive project, drawing extensively on external expertise. It has been a monumental learning project for the National Treasury, and indeed I believe that the influence and ramifications of this undertaking will extend beyond our borders in the evolution of PPP practice and procedures internationally.
I know that - once you have had the opportunity to work through these pages - you will want to join me in congratulating Aijaz Ahmad, who leads our PPP Unit, and Uven Bunsee, who has so ably steered this initiative, Della Levinsohn and Alice Rennie who served as coordinators, those who have served on the Steering Committee and Review Group and so many others who have contributed to the project. But the job is not yet done, and so let me urge you to work through the details, reflect and share your reflections, and assist us in completing this particular public-private partnership.
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Madam Speaker, it gives me great pleasure to introduce the Exchange Control Amnesty and Amendment of Taxation Laws Bill. The Bill has benefited immensely from the extensive deliberations by the Portfolio Committee on Finance. I would like to thank Ms Barbara Hogan for her leadership and for the valuable comments provided during the hearings process. It is heartening to realise that in terms of tax policy design, efforts by PCOF continue to add transparency to deliberations that have reached a level of maturity envied by many other jurisdictions. Government attaches great value to the contributions of the public, further enriching the Bill.
 extend the tax base by disclosing previously unreported foreign assets.
Despite the existence of exchange controls, many South African individuals and entities have a long history of shifting assets offshore illegally in a variety of ways. The foreign income from these assets typically goes unreported in terms of certain tax acts.
Government has rightly taken the position that contraventions of Exchange Control Regulations and tax should not be tolerated. However, in recent years, it has become apparent that many individuals and entities wish to repatriate their foreign held assets voluntarily and regularise their affairs due to greater international cooperation in tax compliance efforts and enhanced surveillance of international capital flows. Furthermore, the recent promulgation of the Financial Intelligence Centre Act has further increased the risk of holding illegal foreign assets.
Internationally, the legal and economic environment has also become less favourable for illegally held foreign assets. Since 1994, Government has greatly expanded its tax treaty network, thereby facilitating greater international information exchange. The world community is increasingly intolerant of tax haven countries and has reinforced measures to combat illegal money laundering. Finally, the current state of the world economy indicates that the growth prospects of foreign earnings are less attractive in comparison to earning opportunities of onshore investments.
The Exchange Control Amnesty Bill contains provisions that allow South African residents to disclose their foreign assets held in contravention of Exchange Control Regulations and certain Tax Acts. Disclosure will allow residents to exonerate and regularise their exchange control and income tax affairs at minimal cost.
Any South African resident natural person (including the deceased estate of a person), a close corporation or trust may apply for amnesty relief.
The Exchange Control Amnesty will only apply to individuals and entities that come voluntarily forward - those who are already under investigation by the authorities involving their foreign assets are precluded from the amnesty process.
The application must be filed in the form of an affidavit or solemn declaration and most importantly, the applicant must also affirm that the foreign assets disclosed do not stem from any unlawful activity, except exchange control and tax law violations or any associated misrepresentation or nondisclosure in respect of those violations.
Individuals or entities engaged in criminal activities such as drug smuggling, money laundering and terrorism do not fall within the amnesty.
The Exchange Control amnesty will apply only to disclosed foreign assets while non-disclosed foreign assets remain fully subject to potential civil and criminal prosecution.
Disclosure of a foreign asset requires a statement of that foreign asset's market value as of 28 February 2003 and full description of identifying characteristics.
Amnesty for disclosed foreign assets attracts an amnesty levy of 5 per cent on the fair market value of the repatriated foreign assets. A 10 per cent levy will apply to the stated 28 February 2003 market value of non-repatriated foreign assets minus the R750 000 exchange control permissible foreign investment allowance.
The amnesty levy must be paid from foreign assets within 3 months.
Individuals and closely held entities who failed to disclose foreign receipts and accruals arising in the taxable year ending on or before 28 February 2002 may separately apply for amnesty relief in this regard even if those applicants did not simultaneously violate the Exchange Control Regulations.
The related tax amnesty relief for failure to disclose receipts and accruals of foreign assets will only be granted if there is full disclosure of the receipts and accruals of that foreign asset arising after the 28 February 2002 cut-off date.
Successful applicants are not liable for any Income Tax payment (or any associated criminal offence) with respect to disclosed foreign assets.
This amnesty will also cover domestic tax transgressions (i.e., Income Tax, Donations Tax, the Secondary Tax on Companies, and Estate Duty), but only to the extent these domestic transgressions related to foreign assets.
Applicants must disclose the amount and date of foreign assets shifted offshore. The price of the amnesty for a domestic tax violation comes at the price of a domestic amnesty levy of 2 per cent on undisclosed amounts.
With a view to protecting tax morality in respect of compliant taxpayers the domestic tax amnesty will not cover other tax violations, such as the VAT, PAYE, Skills Levy, UIF and RSC Levy. These taxes have been excluded from the amnesty because violations of this kind typically involve serious fiduciary violations such as the wrongful use of PAYE from employee salaries.
The amnesty does not generally apply to advisors and facilitators that merely assisted applicants in violating Exchange Control Regulations and related tax acts.
However, concerns were expressed during the hearings that advisors and facilitators need some level of protection. It was contended that advisors and facilitators may attempt to dissuade applicants from coming forward out of fear that an applicant's request for amnesty will lead to the prosecution of these advisors and facilitators. On the basis of further careful consideration by Government, the Bill was revised to provide coverage for advisors and facilitators by limiting the investigation powers of SARS and SARB. The amnesty unit, SARS and SARB therefore cannot force an amnesty applicant to disclose the identity of any party that assisted in a violation. In addition, the amnesty unit will erase all names of parties inadvertently revealed by the applicant on an application form.
With this level of protection, no reason exists to generally extend the amnesty for advisors and facilitators as no names will be requested and no names should be revealed. However, the only extension of the amnesty involves a limited class of facilitators, which are parties who physically assisted in the violation. These facilitators include individuals (such as trustees and employees), wholly owned companies and trusts that illegally held or accumulated foreign assets on the applicant's behalf. These related parties need an extra level of protection because SARS and SARB will automatically have an investigation trail to these related parties once the applicant discloses the need for amnesty.
Such facilitators may apply for relief by adding their names to an applicant's application for amnesty. In other words, a facilitator may only come forward if the related applicant files an amnesty application.
Madam Speaker, this Bill will require the establishment of an independent amnesty unit for processing the applications. An independent Chairperson will be appointed shortly and the unit will contain personnel from SARB and SARS. The unit will terminate after processing all successful applications and after all unsuccessful applicants have exhausted their appeals. The draft legislation also provides for the issuance of speedy guidance through regulations that address unintended consequences. The amnesty unit can only make successful applications available to SARS and SARB so that applicants receive their desired amnesty protection.
SARB and SARS must provide information about the amnesty to the Minister of Finance so that the Minister can fully report on the progress of the amnesty to Parliament. This information will ensure that the amnesty is conducted in a transparent and accountable way.
The Bill also contains a provision expediting and regulating the efficient exchange of information flows between SARB and SARS.
These measures will promote future enhanced enforcement of exchange control and taxation laws in terms of foreign assets, providing yet another reason for South Africans to grab the opportunities provided by this amnesty.
In addition, the Exchange Control Amnesty and Amendment of Taxation Laws Bill contains miscellaneous amendments to certain tax acts as announced in the 2003 Budget Review. These adjustments entail personal income tax rates, income brackets, and exemption thresholds. The Bill also removes certain duties. These amendments further impose a Secondary Tax on Companies when domestic companies shift their tax residence status offshore, thereby preventing artificial capital outflows.
Madam Speaker, I hereby table the Exchange Control Amnesty and Amendment of Taxation Laws Bill, 2003.
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The SAPS Serious Economic Offences Unit arrested two employees of the Government Employees Pension Fund (GEPF) on charges relating to corruption this morning. The arrest, which took place at the GEPF offices in Hamilton Street Arcadia, Pretoria, followed an intensive investigation by the SAPS in co-operation with a forensic audit firm.
The two GEPF staff members are alleged to have participated in illegal/ corrupt activities in that they "sold" information to outside parties. It is further alleged that the information relating to personal details of GEPF members, were provided on request to individuals, who in return, used this information to defraud members of the GEPF. In their actions, they allegedly facilitated the payment of benefits to beneficiaries at a fee in collaboration with and to the benefit of outside organizations.
The investigation into fraud and corruption was initiated by the National Treasury's Government Employees Pension Fund (GEPF).
More arrests are expected to follow with particular reference to those outside companies suspected of being involved in the fraudulent practices.
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Premier, MEC for Finance, Distinguished guests, ladies and gentlemen.
It is indeed a great privilege for me to address you this morning.
This occasion is of course exceptionally important for sustainable development in South Africa.
It is equally important for us to understand and engage with the realities of our position in the world economy.
But, we have not surrendered our destiny to the oft-chill winds of the world. We cannot. We must not. We must ensure we are able to reap the benefits of the international community, while managing the risks that come with this.
The choice of such a grand venue is somewhat intriguing. Reminds me of the pause Clem Sunter1 took from the high and low roads some year back to digress on the benefits and rules of the casino economy.
While we are not wagering our future here today, we are certainly looking to create a set of house rules that can secure a socio-economic development path that we are capable of achieving.
1 Sunter, C. 1994. The Casino Model. Tafelberg and Human and Rousseau, Cape Town.
Only 9 years ago, the global village came to our celebration. We were celebrating the end of one struggle.
But, at the same time, we were proclaiming the beginning of a new one.
We were celebrating our political freedom, but embracing the challenges of economic emancipation.
Many were tired and weary. Perhaps even wary of the future and whether we had the energy to continue. Whether we had the spirit to fight another day. Many asked: were we exhausted?
Who think they are.
And to dream and hope.
Clearly we were not exhausted. We had high hopes for the future as we collectively stood in those long queues on 27 April 1994. Together, we wanted to stand united for a brighter future, to reach the incandescence that comes with the eradication of poverty, hunger and a lack of education.
This past weekend, we mourned as a nation the passing of a great leader of this country. A leader whose spirit could not be crushed despite the best efforts of the apartheid machinery.
Despite them unleashing their best brains on what they perceived - wrongly - to be a poorly educated boy from the sticks.
The indomitable spirit of Walter Sisulu guided us through many dark days in this country. As many have said, he was the locomotive that drove much of the struggle.
In Spirit, he remains with us. Dreaming that South Africa takes its place among the leaders in the world. That we demonstrate that political emancipation is followed by patient building toward sustainable economic transformation.
After 1994, South Africa embraced a broad-based socio-economic transformation.
We were driven by the ideals of a non-racial, non-sexist society striving for sustainable and inclusive economic development.
'an integrated programme, based on the people, that provides peace and security for all and builds the nation, links reconstruction and development and deepens democracy'.
Improving investment in social capital - education, health and welfare - to secure a brighter future for all South Africans.
We also returned to the international stage, with the confidence and bravado typical of South Africans. Our participation in the global economy enables us to foster higher levels of domestic growth and development.
Trade liberalisation has expanded markets for many South African industries, creating opportunities for production that were simply not there in the past. In addition, South African consumers now have access to a wide array of goods and services denied to them before 1994.
2 African National Congress. 1994. The Reconstruction and Development Programme. Umanyano Publications, Johannesburg.
Gradual liberalisation of the financial account of the balance of payments enables South Africans to diversify their savings and earnings, at the same time opening access to a global pool of capital to fund investment in the domestic economy.
While challenges remain, we can be deeply proud of our achievements.
Economic growth has averaged almost 3 per cent between 1994 and 2001. In the 10 years preceding 1994, the economy spluttered along at less than 1 per cent a year.
Similarly, we have managed to bring the public deficit to manageable levels and to lower our debt. South Africa will not mortgage the future of our children for short-term gain.
Despite these apparent successes, many would have us retreat from the international stage. They say we should not liberalise trade and we should impose controls on capital movements.
On the basis that international economic integration restricts domestic policy room, many would have us withdraw and forge a different, insular path to development.
We must pause to reflect on this. Certainly, being part of the global village requires that we pursue sensible macroeconomic policy. But, even in the absence of integration, this is the right thing to do.
Being part of the international economic community does not hinder us. In fact, it frees us to pursue policies that we could not otherwise do.
As a country, we cannot say we only have a market of 43 million people.
No - we have a market of 6 billion on the global stage.
We cannot say that we do not have savings to pursue investment. We have access to the global savings pool. We can invest more.
This enhances rather than restricts the policy room we have.
Thus, the question we should be asking is not whether it is a good idea to integrate with the global economy.
The right question is how do we do it to the best of our advantage.
We must free ourselves from the so-called trilemma and maximise our policy space.
It is hard work. It is not easy to penetrate foreign markets. But once there, we can nurture and demonstrate how proudly South African we are.
It is not easy understand and manage the gyrations of global capital and foreign exchange markets.
But, we can do it in partnership with each other.
We can do it if we work together to free ourselves from the trilemma.
We can do it if we remain proudly South African.
We can do it if we engage the world in debate about global governance of financial markets.
If we work together with our fellow developing countries, especially our friends in Africa.
But above all, we can do it if we harness the energies of all our people.
It is against this backdrop that we can weather the global storm and look to the future with optimism. Thus, BEE must succeed.
The past year has been particularly challenging for the world economy.
Geopolitical uncertainty compounded weaknesses that were already evident in the major economies.
Growth forecasts were consistently revised downward over the course of last year, as the reality of weak global demand weighed on global production, which compounded and was compounded by rising unemployment and worsening fiscal positions.
Despite this global weakness, the South African economy again demonstrated it resilience to return growth of 3 per cent, capitalising on the strength of the domestic economy.
Trade benefited from the weakening of the currency in 2001, but most heartening was the accelerated pace of investment, building a platform for future growth.
The outlook for this year remains quite uncertain, as mixed signals continue to emanate from many regions across the globe. In its recent World Economic Outlook4, the IMF forecast global growth of 3.2 per cent this year, rising to over 4 per cent next year.
While the US remains the engine of global growth, the performance of the newly industrialised countries in East Asia remains impressive. Of these, countries such as Malaysia hold important lessons for us in South Africa as we manage the trilemma.
4 International Monetary Fund. April 2003. World Economic Outlook. Washington.
Malaysia is expected to grow by 5 per cent this year, rising to almost 6 per cent next year. 30 years ago, Malaysia faced similar empowerment challenges to those faced by South Africa today.
The indigenous population owned and controlled negligible amounts of the local economy, suffering years of marginalisation and exclusion.
The sustainability of their growth performance over the past 30 years is underpinned by a number of very sensible domestic policy choices.
In particular, their commitment to broadening participation ensured the economy could benefit from the talents, spirit and energy of all its people.
While mistakes were made, Malaysia's courage to try, its commitment to success and the overwhelming realisation that everyone matters, has led that country to a solid position in the world.
It competes with the best, demonstrates enviable vibrancy that is required for sustainable economic growth and development.
South Africa's time has come.
We must collectively seize this moment in human history. We are faced with a time when collectively, we can embrace fundamental economic transformation in our country.
We have been tested by the gales of globalisation.
In 1998 and in 2001, we were buffeted by external speculation.
But we did not capitulate.
Indeed, we emerged stronger for that experience.
We have stood strong in the face of the global slowdown. Dug in our heels, refused to quit.
So, now to the future. History will not judge us easily.
We have an enormous responsibility to our forefathers and to our children.
That responsibility demands that we place ourselves on a sustainable growth path where every one of us can realise our hopes, dreams and aspirations.
Like Malaysia and others before us, we must weave the bright colours of South Africa indelibly into the global tapestry.
The policy that Lionel October from the dti will outline later today provides a framework for sustainable black economic empowerment.
The BEE policy which he will address has its roots in ANC policy. On 28 May 1992, we convened a policy conference which produced a document entitled "Ready to Govern"5.
We envisage a dynamic private sector, employing the skills and acumen of all South Africans, making a major contribution to the provision of good quality, attractive and competitively priced goods and services for all South Africans. Small business activities, which contribute significantly to job creation, should be actively encouraged by a democratic state. Special attention will have to be given to the informal sector, small- and medium-sized businesses, co-operatives, farming and village economic activity and generally to the encouragement of development in poor and depressed areas.
5 Ready to Govern, record of ANC Policy Conference, held 28 to 31 May 1992.
We focus on a balanced approach to empowerment. Not mere ownership targets, but empowerment that goes deep into our villages and towns and pulls people into the economy.
We must engage and deliberate. This policy must work. We must also remain vigilant of quick fix schemes and apparent easy answers. They do not exist. Nor can we rewrite all of the rules of economics, especially those that talk to wealth creation and accumulation. Government can shape policy and promulgate legislation, but government cannot create entrepreneurs. We will have to toil in the African sun to secure success. But we certainly will.
Hernando de Soto6 reminds us that growth in developing countries depends on bringing to life dead capital. While he speaks directly of physical capital that is embodied in the assets of the poor, South Africa must bring to life its human capital.
The upcoming Growth and Development summit can build on engagements like this to bring us together to foster a shared vision for the future.
6 De Soto, 2000. The Mystery of Capital. Black Swan, London.
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The Minister of Finance, Mr. Trevor Manuel will announce the names of the Chairperson and the panel for the Amnesty Unit, as provided for in the Exchange Control Amnesty and Amendment of Taxation Laws Bill 2003 at a press conference to be held at Johannesburg International Airport on Thursday 29 May 2003. The press conference will give details of the amnesty procedure and requirements. It will also provide the contact information for the Amnesty Unit.
<fn>GOV-ZA.2003052902En.2012-02-10.en.txt</fn>
Kindly Take Notice that, by Government Notice 704, published in the Government Gazette No.
"By virtue of the powers vested in me by section 74 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001), I, Trevor Andrew Manuel, Minister of Finance, hereby exempt from compliance with the provisions of section 29 (1) (b) of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), every person who carries on a business or is in charge of or manages a business or who is employed by a business and in that capacity assists or advises a client in connection with an application or prospective application for amnesty in terms of the Exchange Control Amnesty and Amendment of Taxation Laws Act, 2003, whether such an application is in fact made by or on behalf of the client or not, in respect of every transaction which is concerned in such an application."
The exemption from the obligations of section 29 of the Financial Intelligence Centre Act, 2001, (Act No.
EXEMPTION IN TERMS OF THE FINANCIAL INTELLIGENCE CENTRE ACT, 2001 provided for in the Exchange Control Amnesty and Amendment of Taxation Laws Act, 2003.
The exemption will apply to professional advisors by operation of law and will not have to be applied for. The category of professional advisors to which the exemption will apply is those who render assistance or advice to clients in connection with the amnesty.
The exemption will exempt such advisors from the duty under section 29 of the Act to report suspicious and unusual transactions to the Financial Intelligence Centre in respect of those clients seeking advice and assistance in respect of the amnesty provided for in the Exchange Control Amnesty and Amendment of Taxation Laws Act, 2003.
An advisor referred to in paragraph two will be exempt from the obligation to report a suspicious or unusual transaction whether the client in fact applies for the amnesty or not.
Tel: +27 12 315 5427 Fax: +27 12 315 5770 E-mail: fic_feedback@fic.gov.
<fn>GOV-ZA.2003052903En.2012-02-10.en.txt</fn>
In the 2003 Budget Speech, I proposed to the National Assembly that an Exchange Control Amnesty with an accompanying Income Tax amnesty be offered.
Yesterday Parliament enacted the Exchange Control Amnesty and Amendment of Taxation Laws Act, 2003.
The enactment of this Bill enables us to announce the establishment of an independent Amnesty Unit to administer the amnesty process in terms of this new legislation.
The Amnesty process is well on track and we can confidently say that the amnesty window will run from Sunday 1 June to Sunday, 30 November 2003.
We have now come to the stage where we have set up the Amnesty Unit and have appointed distinguished professionals to manage it. I will introduce all these persons, shortly.
For a moment, I would like to briefly share with you the thinking behind the Exchange Control Amnesty and Amendment of Taxation Laws Act, 2003 and the Amnesty Unit.
Despite the existence of exchange controls, South African individuals and businesses have a history of shifting assets offshore illegally, in a variety of ways and for a variety of motives. The income of the shifted assets has gone unreported in terms of certain Tax Laws.
Government has rightfully taken the position that these contraventions should not be tolerated. It has become apparent in the recent years that many individuals and businesses wish to repatriate their foreign held assets voluntarily and regularise their affairs.
The regulatory considerations have played a key part in this. Since 1994, Government has greatly expanded its tax treaty network, which facilitates international information exchange. Government has also enacted legislation to tax offshore earnings. We have also introduced a deemed income charge for failure to report foreign earnings. Changes in tax legislation, together with antimoney laundering measures, have increased the risk of holding illegal foreign assets.
Turning now to the Amnesty Unit, we have listened carefully for the call for an independent Unit to administer the amnesty process and the need for prospective applicants to feel comfortable with the process. The Amnesty Unit has therefore been crafted in the Act to adequately cater for these concerns, particularly that of independence and secrecy surrounding the process. With regard to a time frame for its existence, we envisage the Amnesty Unit ceasing to exist after processing all successful applications and after all appeals on unsuccessful applications have been determined. The Exchange Control Amnesty and Amendment of Taxation Laws Act, 2003, also provides for the issuance of speedy guidance through regulations to address unintended consequences.
The Unit will only make successful applications available to the South African Reserve Bank and the South African Revenue Services, so that the applicants will receive the desired amnesty protection.
The Amnesty Unit will formally commence its duties on Monday, 2 June 2003. The Unit will be located in secure premises at the National Treasury's 240 Vermuelen Street Building, Pretoria.
Full contact details for the Unit will be available on the National Treasury web page in the next few days. Regarding the application form for the amnesty, this form will be made available electronically on the web.
 Any South African resident natural person, including the deceased estate of a person, a close corporation or trust may apply for amnesty relief.
 The Amnesty will only apply to individuals and entities that come voluntarily forward - those who are already under investigation by the authorities involving their foreign assets are precluded from the amnesty process.
Amnesty Unit, and its Panel Members.
After consideration and discussion with the President, I hereby announce the appointment of Advocate Mbuyiseli Madlanga SC, as designate Chairperson to the Unit. Advocate Madlanga SC is well qualified for the position as chairperson.
He is a practicing senior counsel and a former Transkei High Court Judge and former acting Constitutional Court Judge.
Revenue Services.
Mr K.A. Stone - Senior Control Officer, from the South Africa Reserve Bank, and from the South African Revenue Service.
May 2003. The exemption will apply to professional advisors by operation of law and will not have to be applied for. The category of professional advisors to which the exemption will apply is those who render assistance or advice to clients in connection with the amnesty. In concluding, I must state that I have confidence that under the guidance of Adv Madlanga, the Amnesty Unit would do an outstanding job and ensure that we have a successful amnesty process.
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The Director General of the National Treasury has today appointed Mr Brian Molefe as CEO and Secretary to the Public Investment Commissioners. This appointment has been made in terms of Section 4 of the Public Investment Commissioners Act, No 45 of 1984.
Mr Brian Molefe was, until today, Deputy Director-General responsible for the Asset and Liability Management Division in the National Treasury.
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The National Treasury regards the CPI changes announced by Stats SA as technical corrective changes to improve the accuracy of the measure of CPI and not fundamental changes as per Clause no. 9 of the Terms and Conditions of Issue of inflation-linked bonds. The revised reference CPI index will accordingly be used.
<fn>GOV-ZA.2003060901En.2012-02-10.en.txt</fn>
In many respects, the Growth and Development Summit which we held this past Saturday was a watershed for all of South Africa, and certainly for the issues at hand in the debate on the two votes and three departments before us today. The GDS was possible because of the economic achievements of our young democracy, but it was also a reminder of what remains to be achieved.
As a country, we continue to be brave enough to take decisions that may be unpopular in the short-run, but are ultimately beneficial in the long term. This is the spirit of the GDS that prevailed on Saturday.
More fundamentally we must be able to dream and we must set ourselves realistic visions, behind which we should rally, as a people. A dream of a better life. A dream of a time when all South Africans can share the fruits of our rich and diverse land. No better leader could have led us down this path, other than President Mbeki, in his call for a GDS two years ago.
The GDS is a call to action to all South Africans. It urges us to act now to implement our plans to broaden the economy so that it does not benefit only the few. To strive to achieve a low and stable inflation, one that fundamentally protects the poor. To ensure that our economy is even stronger than it is now, so that we can reach higher levels of growth and importantly job creation.
Government alone cannot address the development and growth challenges of our country. The GDS embodies the commitment and key elements of the partnership between Government, business, labour and community necessary to achieve a "Better Life for All". Collectively we must take responsibility for the success of this partnership.
The role of government is to ensure that the macroeconomic fundamentals remain in place and that the environment is conducive for all economic players to engage effectively in the economy. This responsibility will continue to be preserved, as a key foundation for delivering on our micro outputs.
Indeed, the purpose of the GDS is to build on this foundation and pay increasing attention to microeconomic prerequisites of the growth and employment challenge.
Constituencies have agreed to work together in the realisation of our dream. Government is committed to ensuring that tight partnerships are built whilst promising a state growing in effectiveness and relevance.
We would be foolhardy to either ignore the current perils of the global economy, or to sell ourselves short in respect of the already-formidable achievements of our own economy. While our international counterparts face the near future with trepidation - for good reasons, we remain optimistic. This optimism is not ground on luck, but on the hard decisions and work undertaken, in reforming the South Africa economy, over the past 8-10 years.
We are entering a new phase of economic growth and development, looking forward to expanded investment and employment opportunities.
Despite the gradual weakening of the international economy, the South African economy grew strongly in 2002, averaging growth of 3 per cent on the back of encouragingly strong growth in investment. Only with a lag has it started showing signs of weakening, in response to the global performance and higher than expected domestic inflation. This lag confirms the health and resilience of the South African economy.
I was able to deliver a very positive budget this year, which set out rapid expansion in government expenditure, together with significant tax cuts and declining borrowing costs.
While it is premature for us to be talking of radical changes to our economic outlook, we must remain vigilant of the economic environment in which we find ourselves.
The poor economic situation in Europe and America is in marked contrast to the experience here in South Africa. This month marks the 56th month of economic growth in our country. All indications are that this growth will continue.
Capital inflows will improve, on the back of much improved sovereign ratings on South Africa.
The outlook for our economy remains positive.
We can only attain the desired outcomes if the machinery of government is well aligned, well informed and well equipped to deepen the partnership. The opportunity today is for an evaluation by parliament of the extent to which the joint objectives of alignment, information and equipment will be met. In their own distinct ways, the three departments - Statistics SA, the National Treasury and the SA Revenue Service contribute to these objectives, both within government and beyond.
Stats SA has been in the news over the past few weeks for all of the wrong reasons. Let me put the error in the computation of CPIX in perspective. Though regrettable, this type of error is not unique to Stats SA - in fact, statistics agencies in some of the world's largest economies have, at times, committed worse errors. But in South Africa, where we set such high standards for ourselves, where our hunger for information is so essential a part of measuring the changes that democracy brings to the lives of our people, we take it very, very seriously. It is for this reason that we have moved as speedily with the Statistics Council to obviate its reoccurrence.
Develop the national statistics system within which the Statistics Council plays an important role.
Work on these themes is exceedingly difficult. South Africa has a shallow endowment of numeracy and statistical skills. As an ongoing project, the organisation must be built from the ground up, recruiting, training and retraining - a task which is exceedingly difficult when we have only one university that currently offers official statistics as a course, which incidentally was only introduced at the start of the 2002 academic year. Whilst this process continues, important outputs must be regularly and accurately produced. Furthermore, ongoing campaigns are necessary to convince the sources of information - people in their homes, businesses or public servants that the supply of accurate information is not optional.
Stats SA produces a total of 118 data series, key among which is the population Census, conducted every five years. Other key statistical series include national accounts data such as GDP, price data - in particular, the CPIX, the quarterly survey of employment and earnings, the labour force survey, the income and expenditure survey and poverty statistics and mapping.
The strengthening of the organisation and the veracity of its outputs receives ongoing attention in partnership with some of the leading statistical agencies in the world. In the recent period, we have invited evaluation missions from the International Monetary Fund, Statistics Sweden and Stats Canada - each of their reports have commended the improvements already made but pointed to what remains to be done.
One of the key focal areas resulting from these interactions is the strengthening of the business register - this is a process which also involves the Department of Trade and Industry, the Department of Labour and SARS to ensure that all the databases are utilising the same core information. We will soon be able to announce a broadening of the register to provide a new sample frame for key data on the economy such as output, earnings, employment, labour law exemptions and tax registration. Going forward, we will have both a better stronger data source and a reference check for other outputs.
Similarly, in close collaboration with the Statistics Council, we will recast the essential series, with a strong emphasis on periodic surveys.
The huge undertaking of Census 2001 is now in its final stages. Stats SA will present the results to the President of the Republic and to the nation on 08 July 2003. The value of the results needs to be understood in the context of the fact that South Africa has only had one previous full census, in 1996. The results of the two censuses will provide South Africa with two anchors of important socio-economic information to use for evaluation and extrapolation. In many respects, Census 1996 was undertaken very early in our democracy, presenting a 'dawn of democracy' picture and Census 2001 will reflect the outcome of policy changes. For this reason, there is no margin of error. We are deeply indebted to the sterling work being undertaken by the Statistics Council, under oath, to ensure that the quality of the results is entirely above reproach.
Stats SA will endeavour to remain true to its vision - a focus on quality and competence, and the promotion of evidence-based planning and decision-making. Despite the recent difficulties, its commitment to be the standard- bearer of statistics of the highest quality remains very, very strong. Notwithstanding the fact that as responsible Minister, my remit is limited by statute and practice, I wish to give this House the assurance that we will work hard to overcome the obstacles that we ourselves are so conscious of.
Ensuring efficient and sustainable management of public finances lies at the heart of Government's efforts to promote economic development, good governance and rising living standards for all South Africans.
Core budget resources will allow the Treasury to focus on ongoing fiscal and budgetary reform aimed at promoting sustainable growth and development, strengthening initiatives to reduce poverty and increase job creation, enhancing budgetary transparency, and improving financial management and the quality of public spending.
Further priorities include advancing procurement reform processes and introducing supply chain management practices, reinforcing the quality of public sector financial accounting and reporting in line with Generally Recognised Accounting Practice (GRAP), ensuring efficient Government debt and financial asset management, and deepening relations with international multilateral institutions.
Looking ahead, we are committed to developing macroeconomic policies that are relevant to the twin challenge of growth and development.
On the fiscal front, Treasury is strengthening its fiscal analysis capacity in line with international trends. Following the Asian financial crisis in 1998, multilateral institutions and governments around the world agreed to implement a system of performance reviews on economic management, governance, and fiscal transparency. South Africa is one of a few countries to have completed all eleven reviews.
The sound but more expansionary fiscal stance first signalled in the 2001 Budget is maintained for the 2003 MTEF, supporting sustainable growth and development. This achievement, in the face of enormous fiscal difficulties in so many countries should be applauded. In many respects, our fiscal management is now seen as model. We can expand on a sustainable basis because we have been willing to take the correct, albeit tough decisions and to stay the course.
Increased spending on infrastructure investment has a significant impact on economic growth and the expansion of service delivery. Over the next three years, capital spending averages 5,7 per cent of GDP in real terms, with strong growth in public-private partnership expenditure supporting the step up in national, provincial and municipal infrastructure investment.
In addition, the deepening of South Africa's financial markets, gradually liberalising exchange controls, improving financial-sector oversight and regulation and sound and efficient tax policy design play a critical role in stimulating the economy and raising a robust revenue base, respectively. Members will be pleased to hear that our ongoing tax reform includes a review of retirement savings over the next year.
Approximately 60 per cent of expenditure on the main Budget comprise transfers to provincial and local governments, placing them at the forefront of social and basic service delivery.
The 2003 division of revenue reinforces the shift in the division of nationally raised revenue towards provinces and local government. Over the next three years, national transfers to provinces will increase by 6 per cent in real terms and those to local government will rise by 12 per cent, contributing towards extending the coverage and improving the quality of social and basic service provision, respectively.
As a key player in the evolving intergovernmental system, the National Treasury will continue to focus on the implementation of financial and budget reforms underpinned by the Public Finance Management Act. Provinces and local government are at the forefront of delivery and efforts to improve their performance remains high on the Treasury agenda.
The recent publication of the 2003 Intergovernmental Fiscal Review provides a consolidated review of spending and service delivery at the provincial and local level. Strong relations with and the efforts of my provincial colleagues in Team Finance have contributed to stabilisation of provincial finances and the focus of attention now on improving the quality of spending in our schools, health care system and social development sector.
In this respect, a key priority this year is the revision of the equitable share formulae used to divide resources horizontally between provinces and between municipalities. The publication of the 2001 Census data in four weeks time is central to such a review.
Better budgeting and planning contribute to improving service delivery. Recent reforms place us in a stronger position to deepen the link between Government's policy choices, its spending plans and the delivery of services.
In particular, the Estimates of National Expenditure raises the level of Government's commitment to budgetary transparency and accountability through its consolidation of national department strategic policy priorities, spending and delivery plans. The ENE summarises the more detailed 3-year strategic plans that departments are required to publish, outlining programme measurable objectives and service delivery targets. It indicates how these plans are resourced through departmental MTEF allocations. And it provides the basis for departmental reporting on service delivery progress against plan in departmental annual reports, completing the accountability cycle.
The Treasury will continue to work in partnership with departments, enhancing and strengthening the measurable objectives, output measures and service delivery target information as set out in the annual ENE. The publication of measurable objectives for each programme, in line with the PFMA, reflects a commitment to improved service delivery, greater transparency and increased accountability.
An exciting development has been the tabling of provincial department strategic plans during March and April this year. These strategic and performance plans are based on uniform budget formats for the health, education and social development sectors. Key to this reform is building a closer link between planning and budgeting, so that departments can reflect on what they have delivered with their allocated resources. Madam Speaker, I can say, without fear of contradiction that the roll-out of the PFMA now places this parliament in a stronger position of oversight than any other. Parliament has an ENE chapter for each vote, an annual Strategic Plan for each department, and monthly gazetted reports of actual expenditures, published in terms of Section 32 of the PFMA. There is no parliament better equipped to oversee Executive functions, both in plan and actual implementation.
Treasury is focusing considerable effort on procurement reform processes. We need to be able to procure the right goods in the right place at the right time and the right place.
The Treasury has finalised a policy strategy to guide procurement reform processes in Government. The strategy is aimed at promoting sound financial management and uniformity in the implementation of procurement-reform initiatives across Government. It also provides the framework for review of the Preferential Procurement Policy Framework Act and its Regulations, ensuring that they contribute more effectively towards meeting Government's objectives for black economic empowerment over the medium term.
The Treasury's Asset and Liability division is charged with the efficient management of public-sector debt and managing the financing of the budget deficit. Mechanisms for financing the government deficit for the 2003 budget year are currently being put in place.
Our debt management system is now one of the most highly regarded in governments across the world. Our weekly domestic auctions are continually oversubscribed. For a number of years, our annual foreign placements have been awarded 'Deal of the Year' by the Government Borrowers Forum. In this regard, our most recent placement, a global Euro transaction was heavily oversubscribed - we placed a 10 year Euro bond worth Euro 1,25 Billion at 125 basis points over the mid swap rate, against initial pricing projections of about 128 basis points over the mid swap rate.
I am sure that parliament is also aware of the fact that two rating agencies, Fitch and Standard & Poors upgraded South Africa's sovereign credit ratings in the past few weeks.
The Amnesty Unit was established with effect from 01 June, as required by the recently promulgated legislation. We appointed Advocate Buysile Madlanga to head the unit. He will be assisted by eight panel members, four each from SARS and the SA Reserve Bank.
The week since it opened its doors has seen an overwhelming response. As of this morning, the website has had 5272 hits from different individuals. We are expecting a flood of applications in the course of the amnesty period. In fact, the first application was faxed to us on the Monday morning that the Amnesty Unit opened its doors!
Our decision to proclaim the amnesty has clearly been correct and we will inform parliament of the successes of the unit from time to time.
The increasing workload of the PPP Unit in the National Treasury is a leading indicator of our commitment to making public private partnerships work in South Africa. The challenges we face - building and maintaining roads, rehabilitating our hospitals, streamlining the justice system, banking to the unbanked, delivering water, bringing computer and connectedness into schools and clinics - are serious undertakings.
Over the next few years, key PPPs include the Gauteng Rapid Rail Link, the Dube Trade Port (including the relocation of Durban International Airport), Chapman's Peak Toll Road here in the Western Cape, hospital co-location projects in the Eastern Cape, tourism projects, fleet-management projects, the Home Affairs National Identification System, and the social-pension administration system.
Working in partnership with the private sector allows us to harness the resources, project management capacity, the technology and knowledge that reside in the business sector. As part of an extensive consultation process, we recently published the Standardised Provisions for Public Private Partnerships for public comment. These provisions aim to streamline contract documents and negotiation and thereby ease the PPP process in future. This publication is in the same spirit as the agreements struck in the GDS this past Saturday.
The performance of the SARS, Madam Speaker, is judged by evaluating the revenue collected; the administration of South Africa's growing trade with the outside world, and by our success in increasing tax compliance and in combating tax fraud. The three-year strategic plan of the SARS that I mentioned in this house last year is paying handsome dividends to the South African government and the South African public.
The past year has once again seen the SARS deliver on its brief. Revenue came in at R281,1bn in the financial year 2002/03, with the SARS collecting about R1.7billion above the revised target. This was attributed to real growth in the economy and to greater corporate earnings. A significant contributor was the constantly improving compliance among taxpayers and better administrative efficiencies.
Our Customs officials are increasingly stamping their authority at all ports of entry, while our enforcement side continues to score major victories against fraudsters and other criminals. We are prosecuting more and more people for a range of offences, including VAT fraud and tax evasion. A case in point is that of Mr Grant Ramsay, whose successful prosecution last month has yielded valuable information that will help us launch more prosecutions in the next coming months. I urge those engaged in criminal activities to heed Mr Ramsay's warning - "crime does not pay and don't think you can hide." Our prosecutions show that the SARS is increasingly making its mark in the fight against crime.
The year ahead will see the SARS adopt measures to improve the culture of tax compliance. This includes an educational and awareness campaign designed to help taxpayers submit their returns correctly and on time; enabling certain categories of taxpayers to submit their returns electronically; improving both customs facilitation and controls through the better management of the trade supply chain, and by taking a systematic approach to enforcement in select high-risk industry sectors.
The filing season campaign, launched last month here in Parliament, aims to create awareness among taxpayers of the importance of paying taxes, on time and correctly. Information kiosks, located in public areas all over the country and managed by staff wellequipped to assist taxpayers, have been made available to the public. The SARS has made adequate preparations to deal with the additional load of tax return expected to come in as a result of this campaign. The granting of extensions, a South African pastime, has been reduced and the SARS' enforcement section will act against those who do not heed our ample warning.
By the end of July, the SARS will launch a free facility for certain categories of taxpayers to file their returns electronically for VAT, PAYE and Income Tax. These categories include companies and trusts. Building on the model introduced two years ago, this facility will now be controlled by the SARS and will be offered free of charge to the taxpayer as part of our drive to improve the service we give to taxpayers and to keep in line with international trends. The expansion of other electronic forms of facilitation is currently being explored. This service is expected to reduce administrative and operational inefficiencies on the part of both the SARS and taxpayers.
The current year will see the doubling of efforts to improve the effectiveness of Customs controls and trade facilitation. One of the highlights includes the commencement of a twenty-four hour operation for commercial traffic at Beit Bridge, the busiest border post in Southern Africa. Another development will be the implementation of the simplified and harmonised transit procedures in terms of the SADC Protocol on Trade. SARS will also step up the fight against Customs evasion through a yearlong national enforcement campaign. At the same time SARS will double efforts to strengthen cooperation with legitimate traders that operate within the terms of the law. A compliance conference is planned for later in the year where this partnership against Customs evasion and criminality will be formalised. This will also be a major step towards compliance with international cargo security measures given impetus by the realisation of the vulnerability of legitimate trade to abuse by international terrorism.
We continue to develop and implement different mechanisms of risk profiling that are systems-based and involve related third party interfaces and suspicious activity reports. This has enabled us to identify and address non-compliance effectively at both a national and regional level. Some examples of this approach were evidenced during the last year in the campaigns launched within the music, fishing, financial services, cash and carry and oil and petroleum sectors and among sex workers and practising professionals.
In implementing the economic sector approach, the SARS has identified ten (10) different sectors where risk exists. Some of the stakeholders in one of these sectors, namely gaming and leisure, have already been approached by the SARS with a special focus on the illegal aspect. The SARS is examining international financial transactions, structured finance, transfer pricing, e-commerce and looking at various other economic sectors within the country. The benefit of these efforts is evident in a number of ongoing high profile cases.
During the past year, 906 criminal investigations led to successful convictions. The sentences ranged from community service to 15 years imprisonment and fines of up to R 2 million. We are increasing the number and level of investigators who will be involved in enforcement activities. The National Prosecuting Authority, supported by the SARS, is harnessing its criminal prosecution-capacity for tax-and customs matters into a nationally dedicated capacity.
Ten additional prosecutors will be deployed during this year. To further enhance our current enforcement capacity, we have commenced the re-organisation of the Woodmead and Special Compliance Unit into a Central Enforcement Unit as a national capacity focussing on special interest areas. We are also re-organising the current audit, criminal investigations and collections components distinguishing between a compliance control capacity and an enforcement capacity.
As part of the drive to improve efficiencies, the Siyakha programme of transformation has been rolled out in KwaZulu-Natal and the Western Cape, with call centres already operational in these areas. Work has already begun on the Gauteng roll-out of Siyakha and operations are expected to resume in this coming year.
As the Members of this House know, the Exchange Control Amnesty and Companies Bill became effective on 1 June 2003.
A system for advanced tax rulings.
As part of its drive to offer a cost-effective service, the SARS introduced a new dispute resolution system on the 1 April 2003. The new system sets down standards and time frames for each aspect of the dispute resolution process - a far cry from when disputes with taxpayers could take years to resolve. In addition, taxpayers can opt for an alternative dispute resolution to resolve disputes. As part of the improvement of taxpayer services, this mechanism also allows the tracking of a taxpayer's enquiry throughout the process.
The consultative process with respect to the registration and regulation of tax practitioners is progressing well. We thank practitioners from the accounting, legal and financial sectors for their thoughtful contributions. SARS is in the process of considering the submissions and will publish a second discussion document for further interactions with the various constituencies. A policy framework should be concluded later this year.
This process is vital to providing SA's taxpayers greater certainty and assurance that they receive good advice. Equally importantly, this process will promote the development of a credible anf professional cadre of tax advisers in South Africa.
The Ministry and senior staff of the three departments, in addition to their domestic responsibilities play key roles in both global and regional forums.
Last year, the Minister had been appointed Special Envoy to the Secretary General of the United Nations for the Conference on the Financing of Development. He chairs the Development Committee of the IMF and World Bank, last week he concluded a term as chairperson of the Economic commission for Africa. The Commissioner for SARS is Chairperson of the World Customs Organisation.
In addition, we are working with a number of African governments on issues such as the introduction of VAT, tax reform, budget reform, debt management, capital market development and census methodology.
We place the achievements of a few short years before this august House for evaluation and critical appraisal. Our mission remains the fundamental transformation of South Africa to ensure that democracy effects tangible improvements in the lives of all of our people. A critical element of that mission is our accountability to parliament. We offer an overview of work done, work in progress and work to be done.
I want to express my sincerest appreciation to the three heads of department - Professor Maria Ramos, Dr Pravin Gordhan and Mr Pali Lehohla. Their dedication, input and energy remains exemplary. I would be remiss if I did not also say a word of thanks to the outside officials who assist, in bodies like the Statistics Council and the SARS committees. Finally, I also wish to convey my sincerest appreciation to all the Members of the Portfolio Committee on Finance, under the able stewardship of Ms Barbara Hogan.
The watchword, amplified at the Growth and Development Summit is partnership, across all of South Africa. We trust that by the discussions here today we will strengthen the partnership between the executive and legislature.
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Each year is defined by a number of significant events that directly influence our financial well being and determine our collective future as players in the global market place. In my 2002 budget speech I talked about the affects of the events of September the 11th, the string of spectacular corporate failures around the world and the demise of Argentina as key events that shaped our financial world.
Whilst these events still influence our markets today, the war in Iraq and the spread of the SARS virus are two key events that pose new challenges and are in the process of redefining outcomes in terms of the global economy.
Although we had a suspected case of SARS, fortunately it turned out to be negative. The volatility in global markets that was a consequence of the build up to the war in Iraq affected our markets, both positively and negatively. The gold price shot up along with oil prices, but the net effect was reflected in significantly weaker global equity prices across the board. This has had a severe effect on the performance of pension funds and other market related savings instruments.
The period under review, i.e. the post September 11, the build up to and onset if the war on Iraq, as well as the outbreak of the SARS virus, has also seen a considerable growth in tourism to South Africa as well as a considerable strengthening of the South African currency.
The point that should not be missed is that in South Africa we remain optimistic. How can we not be with an economy that has shown resilience and strength in the face of adversity We are proud of this fact and will continue to ensure that Government's economic and financial market policies are capable of delivering stability and growth within continuously changing global circumstances?
This environment gives s a chance to reflect on the progress made since last year's budget vote debate on a number of key areas, briefly, developments in our financial markets; progress made with regards to consumer protection and education; the regulation of auditors and accountants; the combating of money laundering; implementation of an effective and efficient system of government procurement; progress made in the disbursement of special pensions and the performance of the Government Employees Pension Fund ("GEPF") whose assets are managed and invested on it's behalf by the PIC.
Reflecting on the year since the last budget, a number of developments have occurred within our financial markets that are worth mentioning.
Firstly, the relationship that was developed between FSTE and the JSE in 2002 has proved fruitful and exciting. Members might be aware that FTSE now calculates all the JSE's indices and works with the exchange to develop new indices. This work is also complemented by the JSE's efforts to develop new markets including a development capital market that is anticipated to be launched within the coming months.
These developments are mirrored in the derivatives market with the development of new types of contracts being offered by SAFEX in the agricultural futures market.
The JSE has also recently issued updated listings requirements that focus on a number of key issues including improved corporate governance amongst listed companies. Certain aspects of the King Code on Corporate Governance have been expanded on to provide companies with clearer guidelines in terms of reporting and board functions and responsibilities.
Looking at the debt market, the Bond Exchange of South Africa listed R41 million of an initial R150 million issue of Swaziland's Post and Telecommunications debt on 15 April this year. The issue consists of both a short dated floating note maturing on 31 April 2006 and a fixed interest, fixed redemption redeemable on 15 October 2010. This is a significant development for us given the regional role South Africa's financial markets intend to play as a source of regional capital for development. South Africa has both the infrastructure and financial strength to become a powerful regional financial centre.
In terms of the regulatory framework governing the markets, the Collective Investment Schemes Bill was passed towards the end of last year and enacted in the beginning of this year. The Financial Services Board has already begun to implement all the necessary changes to the regulation of the collective investment industry inline with this new legislation.
Madam Speaker, you may recall that in the last budget vote debate we had indicated that the Security Services Bill was going to be tabled in Parliament last year. This is arguably the most important piece of legislation awaiting the Portfolio Committees input because it not only consolidates five pieces of existing legislation into one single Act, but it also represents a whole new approach to the institutional structure of South Africa's financial markets. The Minister of Finance withdrew the Bill from the process of being Tabled in Parliament in early July last year and requested the Treasury to address concerns he had about the practicalities of implementing some of the new provisions contained in the Bill.
As a result of this, the legislation has been delayed for almost a year, but it is now back on track and on its way to Cabinet for the second time after key amendments have been agreed to between the Treasury and the Financial Services Board. It is now anticipated that this key legislation will be Tabled before this House in the coming quarter.
In the past year legislation and regulations have been put in place to ensure that pensioners, policyholders and investors alike are protected and educated. The Financial Advisory and Intermediary Services Act better known as FAIS, was promulgated in mid November last year.
In March 2003 the Minister approved regulations in terms of Sections 22 to 31 of the FAIS Act for the establishment of the FAIS Ombud. The appointment of an Ombud is expected to be finalised by the beginning of July this year. The Ombud will be empowered to impose penalties on advisors or intermediaries who contravene the Act in the form of a fine or imprisonment for up to one year.
In addition to this, the Financial Services Board is currently completing the process of consultation with its FAIS Advisory Committee to begin registering all advisors and intermediaries. This is a crucial step towards the enforcement of the Act given that registration implies that the FSB will have jurisdiction over those it is seeking to regulate. The FSB intends to begin the registration process in July this year.
As part of a comprehensive consumer education strategy, the FSB is planning to launch an education campaign involving the distribution of booklets that will assist low-and middle-income South Africans in their purchase of financial services.
"To live in financial soundness depends more on discipline and an awareness of one's needs than on intelligence, thus making it possible for each consumer rich or poor, intelligent and not so intelligent to enhance his /her personal financial soundness and by so doing create a wealthier, more prosperous South African society".
It is envisaged by the FSB that distribution of these booklets will begin in early July 2003. The FSB is currently fund raising for the printing and distribution of these booklets including raising money for training school teachers and others to teach people about the contents of the booklets.
Finally, the FSB's Consumer Education Department has also been involved in an awareness campaign for surplus pensions. There is a lot of misconception as to who will have access to the surpluses of pension funds and the FSB is trying to ensure that everyone concerned is informed of their rights.
I would now like to take a moment to focus on auditing and accounting, as it is one of the most fundamental issues affecting the integrity of our markets and economy today.
I am very pleased to address this issue given the substantial progress that is being made towards bolstering the regulation of these two professions. As Members may be aware, the Minister of Finance launched a Panel for the Review of the Accounting Professions' Bill on 6 December 2002.
the independence of auditors from their clients, an appropriate system of accountability and liability for auditors, accountants and senior management, and the need for an appropriate institutional and legislative framework to be implemented to support the goal of protecting the integrity of our financial markets through honest, accurate and fair financial reporting.
The Panel is due to provide the Minister with recommendations on the terms of reference by the 31st of July this year. The Panel has already solicited public comment which we believe has resulted in lengthy debates about the correct approach to take.
Members should note that the Terms of Reference, all public comment received and other relevant information about the Panel can be found on the Treasury's website by clicking on the icon "Accounting Professions' Bill".
It is anticipated that this process should be complete by mid next year given our commitment to ensuring that the integrity of our financial markets is protected.
The approach that we are taking is to try and ensure that the solutions we implement are as holistic and practical as possible. At this point we are very pleased with the progress that is being made and look forward to providing Members with an update next year.
There is a growing global realisation that there is a need to keep ill-gotten funds out of global financial systems. Worldwide, countries are establishing or improving financial intelligence units to prevent money laundering and to combat terrorist financing. The cumulative effect of money laundering activities harms a country's reputation and impacts on its financial stability by destabilising the foundations of a nation's financial system. The quick flow of laundered funds distorts business decisions; increases the risk of bank failures; creates liquidity problems in financial markets; and diminishes tax revenue - thereby indirectly prejudicing honest taxpayers.
As far as money laundering is concerned, South Africa has embarked on an ambitious programme, which started when, the Financial Intelligence Centre (FIC) was established in 2001. The Act that creates the FIC, namely the Financial Intelligence Centre Act or "FICA" is regarded as one of the most comprehensive and leading pieces of legislation in this field. Since the beginning of this year implementation of the FICA has gathered momentum, starting with the reporting of suspicious transactions to the FIC from the 3 February 2003 and continues as from the 30 June 2003, the requirement to establish and verify the identity of clients will come into force for reporting institutions.
As no country can implement anti-money laundering measures in isolation, in June 2002, South Africa was accepted as an observer-member of the FATF, which is the de-facto international coordinating body for policy development and assessment in the area of money laundering control and the combating of terrorist financing. It presently consists of 29 member countries and several observer institutions.
Full membership to FATF will ultimately provide South Africa with the opportunity to influence the policy process that has been under way within FATF over the past 18 months.
Since promulgation of the Special Pensions Act in 1996 and full implementation thereof in 1997, the total number of applications received was 29 766. The Board has almost completed adjudication on these applications. However, Special Pensions received about 2500 late applications, which are not being processed pending the amendment to the Act to permit late applications.
Finally, it is worth mentioning that Special Pensions established a research unit in September 2002 to enhance the process of collecting information on applicants, facilitate the speedy processing of applications and appeals, and to reach out to those persons who may be eligible for benefits but had not applied.
Since the implementation of the Special Pensions Act No. 69 of 1996 in 1996/97 up to the financial period ended 31 March 2003, the Board has made benefit payments of R1, 08 billion in comparison to the budget of R2, 37 billion. This under-expenditure is as result of administrative delays in processing claims.
However, I am pleased to report that the benefit payments process has improved tremendously during the 2001-2002 financial year. This is attributable to the appointment of Board members on a full-time basis by the Minister. We have utilised the experience of these Board members over a period of a solid two years to conduct o comprehensive review of the Special Pension dispensation which has been completed and is due to go to Cabinet as policy and legislative changes may result.
Madam Speaker, as Chairperson of the PIC Board, I thought it important to report on certain it's performance given the general perception that pension funds around the world have shed a substantial amount of value over the past 6 months.
Whilst the equity markets, both domestically and internationally, performed dismally, South African Bonds performed exceptionally well. With an asset allocation tilted towards bonds the PIC managed, yet again, to deliver strong positive returns.
The Government Employees Pension Fund therefore managed to outperform other South African Pension funds, as traditionally equities are favoured above bonds by these funds. The PIC's solid investment returns over the last number of years should ultimately provide the comfort to the members for the GEPF, both active members and pensioners, that the funds are managed in a prudent fashion. The highest standards of fiduciary duty are not only theoretically upheld by the PIC's Board and dedicated staff, but practiced in the true spirit of caring and accountability.
The PIC is an organization faced, like all others, with the challenge of change. It must be expected therefore that change is to be a constant in the PIC but we shall not compromise the savings of members of the GEPF, therefore, strong returns must also be a constant in the PIC.
Madam Speaker, Honorable Members, I have tried to capture the main highlights from areas of work I consider important and crucial to our success. As mentioned at the beginning of my speech, key issues shape our collective financial future, but we still have the ability and courage to choose the path to follow. This path is one that needs to be wide enough for all to walk on and not to exclude or prejudice those who are less fortunate or with fewer financial means.
This implies that protecting the wealth of our citizens is crucial in the face of adversity and global instability. I believe that we have once again achieved this crucial goal.
<fn>GOV-ZA.2003070901En.2012-02-10.en.txt</fn>
For some reason, elephants have been very much in the news lately.
Similarly, it is said that the only way to eat an elephant is over a long time, there is so much of it and it takes a while to digest.
Besides this, we know that the gestation period of an elephant is about 22 months.
Today we receive the elephant, hard to describe but we know what it is; there is so much of it, it will be eaten over a long time and digested over an even longer period. And, it has been in gestation for almost as long as an elephant.
The difference in time - the results of Census 2001 have been completed in a record time of 21 months since 10 October 2001, when 100 000 enumerators visited every South African household - is a result of the enormous effort of every person who was involved in the compilation of the Census and of the technology choices made.
The release of the results today need to be seen in perspective - Census 2001 sought information on 74 variables, the results of all the variables are made available today. Seen against the release times of censuses elsewhere, even in highly industrialised countries, which all tend to have much larger statistical bureaux, this is a significant achievement.
Also, seen against the background of only the second-ever full country census undertaken in South Africa, the achievement is even more remarkable.
The results of Census 2001 will add to the rich tapestry of democracy still being woven in our country. It confirms the improvements in the quality of life of the poorest of our people and it draws attention to the enormity of the challenges which still confront us. Moreover, it retains the information in the Geographic Information System, allowing us to plan into the future and measure progress at the level of detail in each of the 80 000 enumeration areas, each comprising roughly 150 households. The quality of information, and the extent of its geographic disaggregation places South Africa in a very unique position.
The presentation of the information today comes at the end of an enormously complex logistical operation - an operation which covered the recruitment and training of enumerators and their supervisors, their mobilisation into the field, their remuneration, the collection of the almost 12 million questionnaires of 12 pages each, its transport, storage, processing and ultimately the data analysis. In an operation as complex as this, glitches are almost inevitable - problems with the payment system for enumerators; threats of strike action as contracts ran out; costs of technology choices; the risks of using leading edge technology - we all know much more about white light and blue light; the leaking roof at the processing centre; and even now, in the final stages the unforeseen visit of President Bush which competes for newspaper space. At times, it appeared that all the planets were aligned against the delivery of the elephant calf.
Before I invited His Excellency, President Mbeki, to receive the results on behalf of government, I had to call the Statistics Council into action. Council members spent hundreds of hours working through the results and debating the contents before concluding, as they do in their Statement today, " Council recommends to the Minister that he support the release of the results of Census 2001". I want to express my sincere appreciation to Dr Southall and every member of the Council for placing me in the position to receive the results with confidence because I know that no effort was spared to ensure the correctness of the results.
During Census 2001Stats SA also received invaluable advice and technical assistance from the USA Census Bureau and from Stats Sweden. Stats SA also had an opportunity to work very closely with other SADC countries to ensure that similar core questions would be asked in all countries during the census round in SADC between 2000 and 2002. The information emanating from all of these censuses will provide a strong basis in the future for data comparisons and integration. In your discussions with other African Heads of State in Maputo this week, Mr President, we would be pleased if you would share with them the view that the African Union, in its construction, requires a strong base of comparable and integrated data, and that the interactions in SADC on the Census round has made a valuable contribution. Mr President, I would now invite you to receive the results of Census 2001 from the Statistician-General, Mr Lehohla and, would you kindly address the gathering thereafter.
<fn>GOV-ZA.2003081102En.2012-02-10.en.txt</fn>
As announced in the Budget Review 2003, and in terms of the National Treasury's objective of developing a full inflation linked bond yield curve, the National Treasury hereby announces the auction of a new ultra-long dated Inflation-Linked Bond (R202). The R202, with the maturity of 2033, will be auctioned on Friday 15 August 2003.
Since this is an ultra-long dated inflation linked bond, the coupon will be set at 50 basis points below the weighted average yield.
The first auction will be conducted on a uniform-yield basis (Dutch Auction), and bids will be allotted on a willing-buyer willing-seller basis.
Based on the Terms and Conditions of the inflation linked bonds, the National Treasury reserves the right to under-allot or not to allot at all.
The inflation linked bond auctions are opened to all BESA registered members.
For the terms and conditions of the new R202 refer to our website ww.treasury.gov.za.
Phakamani Hadebe Acting Head: Assets & Liabilities Management Tel: (012) 315 5066 Fax: (012) 323 1783 E-mail: phakamani.hadebe@treasury.gov.
<fn>GOV-ZA.2003081501En.2012-02-10.en.txt</fn>
The Exchange Control Amnesty Act Draft Regulations are released for public comment.
The comment period for the Exchange Control Amnesty Act Draft Regulations closes on Friday, 22 August 2003 at 17:00. Due to time constraints, it will not be possible to respond individually to comments received. However, receipt of comments will be acknowledged and fully considered by the National Treasury, SA Revenue Service and the SA Reserve Bank.
National Treasury will act as coordinator for the receipt of comments.
Ms. Michelle Franks E-mail: michelle.franks@treasury.gov.za Fax No.: (012) 323 2917 Phone No.
Amnesty and Amendment of Taxation Laws Act, 2003 (Act No.
Trevor Andrew Manuel, Minister of Finance, hereby make the following regulations, as set out in the Schedule hereto, to give effect to the objects and purposes of Chapter I of that Act and to address certain unintended consequences, anomalies and incongruities in the Act.
Income Tax Act, 1962, means the Income Tax Act, 1962 (Act No. 58 of 1962).
For purposes of section 4 of the Act, a donor includes a person at whose instance a donation was made by a company.
any receipts and accruals derived from any asset originally donated or subsequently acquired, as contemplated in paragraph (b).
that person is in terms of the provisions of the Eighth Schedule to the Income Tax Act, 1962, treated as having disposed of that asset.
Where a person is in terms of section 4(1) of the Act deemed to hold any foreign asset of a discretionary trust, which was acquired by that discretionary trust by way of a donation made by that person after the date that the asset was accumulated as or converted to a foreign asset, that donation must, for purposes of section 17(1)(b) of the Act, be deemed to have been made before the date of that accumulation or conversion.
Nothing in the Act or these regulations must be construed as nullifying, for purposes of Part V of Chapter II of the Income Tax Act, any donation contemplated in section 4 and regulation 2.
The provisions of section 17(1) shall apply in respect of any amount accumulated as or converted to a foreign asset as disclosed by the applicant in terms of section 6(3), which was not declared to the Commissioner in terms of the Estate Duty Act, 1955, notwithstanding the fact that the estate duty thereon could have been imposed only after the date of that accumulation or conversion.
A company, trust or deceased estate will be a related party if it complied with the requirements of the definition of "related party" in section 1 of the Act, on 28 February 2003.
Where the shares of a company are held by a trust and no person other than the applicant or relatives of the applicant are beneficiaries of that trust, that company shall be deemed to comply with the provisions of paragraph (a) of the definition of "related party" in section 1.
Where a company assisted more than one applicant by accumulating foreign assets or transferring funds or assets from the Republic, as contemplated in section 3(1)(c) of the Act, those applicants shall for purposes of the definition of "related party" in section 1, be regarded as one applicant.
In determining the leviable amount for purposes of section 11 of the Act, an applicant may deduct from the market value of any foreign asset the amount owing as at 28 February 2003 in respect of any debt incurred outside the Republic to acquire that asset, if that asset serves as security for the repayment of that debt.
For purposes of sections 6(2), 9(2) and 15 of the Act, the reference to receipts or accruals from a source outside the Republic means all amounts where the actual source thereof is outside the Republic, regardless of the fact that it may in terms of the Income Tax Act, 1962, have been deemed to be from a source within the Republic.
in the case of income tax, in respect of any year of assessment ending on or before 28 February 2002.
For purposes of section 6(3)(b) and (c), where the amounts were initially accumulated as or converted to foreign assets on or before 28 February 1998, the applicant need only disclose the year of assessment within which the amounts were so accumulated or converted.
The provisions of section 16 of the Act shall not be construed to impose the domestic tax amnesty levy more than once on any amount disclosed by the applicant or facilitator in terms of section 6(3), notwithstanding the fact that the applicant or facilitator, as the case may be, was required to declare that amount to the Commissioner under more than one provision of the Income Tax Act, 1962, or under both the Income Tax Act, 1962, and the Estate Duty Act, 1955.
The provisions of section 20(1)(b) apply only in respect of foreign assets or foreign bearer instruments held by the applicant on 28 February 2003.
For purposes of evaluating all applications and granting or denying approval thereof in terms of Chapter I of the Act, the Chairperson may determine the procedures to be followed in the meetings of the amnesty unit.
The Chairperson of the Amnesty Unit may fix the quorum which is required for a decision by the Unit to grant or deny approval for amnesty.
Section 30 of the Exchange Control Amnesty Act provides the Minister with broad regulatory authority to give effect to the objects and purposes of the amnesty. This regulatory authority is mainly intended to address unintended consequences, anomalies or incongruities that may arise during the amnesty review process. This broad grant of regulatory authority was necessary because the short time-frame for enacting the amnesty made it impossible to address many issues within the normal Parliamentary review process.
As far as unintended consequences, anomalies and incongruities are concerned, section 30 of the Exchange Control Amnesty Act directs special attention to foreign discretionary trusts (among others).
Provided below are the list of issues to be remedied by the proposed regulations. Most of these issues involve amendments to the legislation's envisaged tax treatment rather than amendments to the Exchange Control regulations. The issues covered stem from extensive discussions with private stakeholders over the course of the last several weeks.
The current Exchange Control Amnesty Act provides relief for parties with illegal foreign assets held through discretionary foreign trusts only to the extent these parties directly donated those foreign assets to the foreign trust. After wide consultation, we now understand that many parties made these donations to foreign discretionary trusts through indirect means. In particular, most individuals with discretionary foreign trusts utilised controlled South African companies to make the donation. The proposed regulations will accordingly allow amnesty for illegal foreign assets donated by South African companies to foreign discretionary trusts "at the instance" (i.e., upon the direction) of the applicant.
Illegal foreign assets within a foreign discretionary trust are covered by the amnesty only to the extent those assets were donated to the foreign trust. The current rules fail to account for the fact that the originally donated assets may have been replaced with new assets over the years or that the donated assets (or the replaced assets) may have generated further funds within the foreign discretionary trust. The proposed regulations ensure that replacement assets and subsequent growth are fully included within the amnesty.
Parties wishing to avail themselves of the amnesty with respect to discretionary foreign trust assets can do so only to the extent those parties elect to be treated as directly holding those trust assets for tax purposes. The current wording fails to describe the tax cost (i.e., base cost in terms of capital gains/losses and cost price in terms of trading stock for purposes of ordinary revenue) for which foreign discretionary trust assets are deemed to have been acquired for purposes of the electing party. The proposed regulations treat the electing party as acquiring the asset for the same tax cost as acquired by the foreign discretionary trust.
A second collateral issue stemming from the election concerns the character of a foreign discretionary trust asset in the deemed hands of the electing party. The regulations clarify this issue by stating that the asset has the same character as determined at the discretionary trust level. Hence, if the asset is trading stock in the hands of the foreign discretionary trust, the electing party must similarly be viewed as holding an asset as a trading stock.
A third collateral issue stemming from the deemed asset election concerns the time when the electing party is deemed to dispose of a foreign discretionary trust asset. The Exchange Control Amnesty Act currently provides that the electing party is deemed to have disposed of the asset when the foreign discretionary trust disposes of the asset (thereby triggering capital gain for the electing party upon the trust's disposal). However, the current act fails to state what happens when the electing party ceases to exist (or undergoes another form of deemed disposal event). For instance, the current act fails to specify what happens if an electing deceased estate winds-up before disposal of the asset by the foreign trust. Under current law, it would appear that a deemed disposal of assets could trigger gains for a deceased estate long after that estate ceased to exist. The proposed regulation accordingly treats the deceased estate as disposing of the foreign discretionary trust asset upon the deceased estate's cessation even if the foreign discretionary trust continues to hold the illegal foreign asset after the estate's cessation. The same rule applies for other forms of deemed disposals involving the electing party.
The Exchange Control Amnesty Act provides amnesty for failure to pay donations tax if the undeclared sums involved are shifted to foreign locations. However, the amnesty inadvertently covers only a limited set of situations. For instance, the amnesty currently applies only if the undeclared donation (or transfer by will) comes from domestic locations with the funds subsequently shifted offshore (i.e. if the donation - or transfer by will - precedes the conversion into foreign assets). The amnesty does not apply if the undeclared donation is made out of funds from a foreign location, such as a foreign bank. We understand that this omission is highly problematic because many parties shifted undeclared funds from foreign bank accounts into foreign discretionary trusts. The proposed regulations accordingly place these foreign donated assets on par with assets donated into foreign discretionary trusts from domestic accounts. Hence, foreign donated assets of this kind will be covered by the amnesty and will be subject to the same 2 per cent domestic levy.
The interaction between the deemed ownership rules for foreign discretionary trusts and the existence of prior donations is unclear. One can currently argue that a party electing deemed ownership of a trust asset is deemed never to have initially made a donation to that trust. The deemed elimination of the prior donation could create many unintended consequences. For instance, assume an applicant has committed a number of violations requiring amnesty, including the illegal donation of an asset to a foreign discretionary trust in June 2002. Also assume the applicant makes the election for deemed ownership of the trust asset as at 28 February 2003 for purposes of the amnesty. Under these circumstances, it could be argued that the election has the present effect of disregarding the prior donation (i.e., deeming the prior donation not to have occurred), thereby providing tax amnesty relief for the June 2002 donation (when no legislative intention of this kind clearly existed because the tax amnesty has a well-publicised 28 February 2002 cut-off). The proposed regulation accordingly clarifies that the election has no effect on the existence of prior donations.
The Exchange Control Amnesty Act has the same shortcomings for failures to pay estate duty as for failures to pay donations tax (see paragraph 5 above). The amnesty applies only if the transfer comes from a domestic location with funds subsequently shifted offshore. The amnesty does not apply if the undeclared estate transfer is made from a foreign location, such as a foreign bank. The proposed regulations again place these foreign transferred assets within the ambit of the amnesty subject to the 2 per cent levy.
The amnesty currently covers a wide variety of related party facilitators, including related companies, trusts and deceased estates. At issue is when related party status must be determined because no date for this determination exists under the legislation. The proposed regulation accordingly clarifies that related party status is determined as at 28 February 2003.
The amnesty currently provides explicit coverage for related company facilitators to the extent all the shares of a company are owned by the applicant (or both the applicant and the applicant's relatives). Indirect ownership of this kind through trusts is not explicitly covered, even though the underlying economics are the same. The proposed regulation accordingly extends amnesty relief for related company facilitators when all the company shares are held by applicants (and their relatives) through trusts.
We understand that many structures formed for the evasion of Exchange Control and/or tax came in the form of a collaborative effort whereby multiple individuals illegally shifted funds offshore through a single company. For instance, a single company facilitator with five unrelated shareholders could have been used to illegally shift funds offshore equally on behalf of all the shareholders. The proposed regulation provides amnesty relief for the related company facilitator by treating all the applicants as a single applicant. Hence, relief exists for a related company facilitator with multiple unrelated shareholders only if all these shareholders apply for amnesty. Relief similarly applies if all the shareholders involved are trusts holding shares solely on behalf of separate applicants (or their relatives).
An issue that frequently arises is how to impose the Exchange Control Amnesty Levy in situations involving foreign assets subject to foreign debt. A levy on gross value is unfair when the applicant at issue has derived only a net economic benefit. Differently stated, the amnesty levy should only be imposed on the assets transferred from South Africa or accumulated offshore without authorisation and their respective growth - not on foreign borrowings. The imposition of a large levy on indebted foreign property also creates problems in terms of amnesty logistics because the applicant may not have accessible liquid funds. The proposed regulations accordingly treat the Exchange Control Amnesty Levy as applying to the net value of illegal foreign assets to the extent those assets act as security for foreign debt as at 28 February 2003.
Prior to the adoption of worldwide tax in 2001, the South African tax system treated certain foreign income as "deemed" South African source income. The most important category of this deemed domestic source income involves foreign investment income earned by individuals, which were previously subject to "deemed" South African source treatment. With the implementation of worldwide taxation on 2001, this "deemed" South African source income was eliminated as superfluous since all income became subject to tax regardless of source. Unfortunately, the Exchange Control Amnesty Act could be interpreted as treating this former deemed South African income as domestic income for purposes of amnesty relief. As a result, this income (being deemed domestic) inadvertently receives only limited amnesty treatment, including required payment of the additional 2 per cent domestic amnesty levy. The proposed regulation accordingly reverses this result by treating this and other deemed domestic source income as actual foreign source income.
The Exchange Control Amnesty Act provides relief with respect to all foreign income tax violations occurring during the year of assessment ending on or before 28 February 2002. The purpose of this effective date cut-off is to ensure that persons cannot enter into new violations in expectation of the amnesty. However, the cut-off date for domestic violations was inadvertently omitted in the final version of the legislation. The proposed regulations accordingly limit the amnesty for domestic tax violations to the same effective date period as foreign tax violations.
Applicants seeking amnesty for domestic tax violations must disclose the dates on which the domestic amounts were initially accumulated or converted offshore. The proposed regulations clarify that applicants need only disclose the years of assessments in which those assets were so accumulated or converted. Disclosure of exact days is not required regardless of whether the accumulation or conversion occurs before, on or after 28 February 1998.
The domestic amnesty provides relief from several domestic tax violations - most notably undeclared domestic income and donations illegally shifted offshore. Questions have been raised whether the 2 per cent domestic levy will apply for each violation even though the same sum is involved. For instance, if a party generated R100 000 of undeclared domestic income and also donated those funds offshore without declaring the donation, does the 2 per cent levy apply once with respect to the R100 000 sum involved or twice because two domestic tax violations were involved The proposed regulations clarify existing law, that the 2 per cent domestic levy will apply only once per sum involved?
The invalidity of approval provisions contained within the Exchange Control Amnesty Act could be read to imply that unlawful activities (i.e., criminal activities generally outside the amnesty) will invalidate the amnesty even if the unlawful activities occur after the amnesty period. It was never intended that events occurring after the amnesty should have any effect on the success of an amnesty application. The legislation was designed only to invalidate approved applications premised on a false representation that the applicant was engaged in no unlawful activities in respect of assets held as at 28 February 2003. The proposed regulations accordingly clarify the legislation in this regard.
The Chairperson of the Amnesty Unit requested that we clarify his authority over the unit. The proposed regulations accordingly provide the Chairperson with the authority to determine the amnesty unit's procedures. The Chairperson will also have the authority to fix the quorum required for granting and denying amnesty applications.
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Today 29 August 2003, Rating and Investment Information (R&I) Rating Agency from Japan, upgraded the rating of Republic of South Africa's foreign currency long-term rating to BBB+ (triple B plus) from BBB. The Rating outlook after the upgrade is Stable. The foreign currency short-term rating has been maintained at a-2.
According to R&I, South Africa maintains a flexible market-based economic structure that has enabled the country to withstand the dramatic currency depreciation in 2001. The Rand recovered its value through measures such as raising interest rates and a reduction of the Reserve Bank's net open forward position. The balance of current account is roughly even, and the total external debt of the county is low at approximately 30% of GDP. R&I consider the country's capability to absorb external shocks as high.
The efforts on fiscal consolidation since 1996 have been successful and the level of public debt is decreasing. Although poverty reduction initiatives and other factors are likely to increase the budget expenditure, the deficit should remain at the manageable level of roughly 2.4% of GDP.
South Africa has a diversified economy that is strong in resources and industrial concentration, the fact that its market mechanisms function at the same level as those of developed nations as well as extensive and sound capital markets and financial institutions contributed to this upgrade.
Concerns raised include income and social inequality, unemployment and HIV/AIDS infection are said to be concentrated in lower income levels.
<fn>GOV-ZA.2003091101En.2012-02-10.en.txt</fn>
South Africa has made remarkable progress in the few years of our democracy. The programmes that we have put in place are undoubtedly successful. Madam Speaker, I am glad to announce to this House today that Census 2001 has been a success and that in their report to me, the Statistics Council, a body that has statutory responsibility for oversight of the statistics system, has asked me to accept the results and promote their utilization. Madam Speaker, I am pleased to say to this House: Here are the results, please use them.
You will remember about two years ago when I addressed this House, I announced that the enumerators would soon be making their way across the country, across the rolling hills of Kwa-Zulu Natal, up the highlands of the Eastern Cape, through the flatlands of the Northern Cape and through the security-tight suburbs of Sandton to count us in, then this House agreed that we needed a census. Today I am here to bring you the results â¯ The population of the Republic stood at 44.
40.5 million people in 1996. Our population has grown by 10% in that fiveyear period, and this gives us an average growth rate of 2% per annum.
We can sketch with passion the census undertaking in our new democracy. Faced with the urgency to end minority rule that had dominated our country for 350 years, we conducted elections in 1994. Census ´96, the first census in which all people were counted as equal citizens told us how many people there were in our country at the time, some people; particularly those living in the former "homelands", in informal settlements and on commercial farms, had not been empirically counted since 1970. After the 1996 undertaking, we needed another census to confirm the findings of Census '96 and to measure changes that had taken place over the time period. Legislation that we introduced in 1999 tells us that the Statistician-General has to cause a census to happen every five years. Madam Speaker, South Africa needed Census 2001, and this is the second anchor by which we can reflect on our first decade of democracy.
Firstly, Census 2001 tells us how the national picture has changed from 1996, in terms of population size, population distribution, population density, age and gender. We know that about 21% of our country's population is in KwaZulu-Natal, that isiZulu continues to be the most frequently spoken home language in the land, that between 1996 and 2001, the share of Eastern Cape and Limpopo as a proportion of the total population declined from 15.5 % to 14.3% and from 12.1% to 11.7% respectively, that the population of Gauteng has witnessed the highest population growth with 1.5 million people added to the province over the five year period. The population of Gauteng has grown by 20%, whilst that of the Western Cape grew by 14%. For these two provinces, their annual population growth rate over the five years has been 4% for Gauteng and 3% for Western Cape. Northern Cape has had a population decline of about 18 000 over the same period. The other provinces have stabilized around a growth rate of close to 2%. We further know that the population of males is 21.4 million as against 23.4 million of females. There are 2 million more females than there are males. Whilst the growth rate of the population has been 10%, the number of households has increased by 23%, with the average household size declining from 4.2 to 3.8 persons in the inter-censal period. Households living in formal housing, has increased from 57.5% to 63.8% of all households, whilst those households living in informal housing has remained relatively unchanged at around 16.0% over the five years.
According to work conducted by Stats SA on the relative concentration of economic activity, for 1996 and 2002, there were approximately 400 centres identified, and ranked. The results show that Johannesburg continued to dominate our economic space over this period, Cape Town has come in at 93% of what the level of economic concentration in Johannesburg is, with Durban scoring 57%, Pretoria 48%, followed by Port Elizabeth at 19%, and Pinetown, Germiston and Bloemfontein coming at about 10% each. Only seventy of these identified economic spaces are at least more than 1% of what Johannesburg is, with six such centers ranking at 10% or more. The remainder of the centers 330 or so, contribute less than 1%. We also know from Census 2001 that there is a relatively large percentage of people who have moved out of provinces such as the Eastern Cape and Limpopo to provinces like the Western Cape and Gauteng. In the context of the census results and this study, we have instruments that enable us to understand the population growth rates of the Provinces of Gauteng and Cape Town and pose questions about the long-term implications of this trend not only for the receiving areas, but from the sending areas as well.
Some of the questions that can be asked in relation to the findings of Census 2001 are the following: What could be the main reasons for the high population growth rates in these two provinces and where the growth in population numbers in specific terms has occurred in the said provinces What is the probable impact of the rapid growth in some provinces and declines in others How do these changes inform policy interventions such as the Integrated Sustainable Rural Development Programme, Urban Renewal Programme and the Growth and Development Summit accord This, of course Madam Speaker, requires serious attention to issues of access to land and agricultural production, sustainable rural development, including subsistence farming and food security, accelerated economic growth through local investment and foreign direct investment, skills development, job creation, etc?
Secondly, South Africa needs Census 2001 because it gives us an opportunity to measure progress made by our democratic government in changing the lives of our people for the better. For instance in 1996, there were 63.5% of households in Limpopo that were using wood as the main energy source for cooking, and that had declined to 59.5% in 2001. As regards electricity for lighting, access to this facility increased from 57.6% to 69.7% in the five-year period from 1996-2001. The percentage of households with access to a telephone, either a landline and/or cellular one increased from 28.8% in 1996 to 42.4% in 2001. Access to piped water now stood at 85% and such access within 200 meters of the dwelling stood at 72%.
The questions that we may ask is what still needs to be done and how do we begin to do it. Some of the answers lie in the fact that this census provides us information not only about the province, but about your local authority, metro, village, and suburb. In fact there is a "my constituency" product which Stats SA is due to release in October, making the census more relevant in the area of your specific jurisdiction. Stats SA has this product already for Census '96.
Thirdly, Census 2001 helps us identify those specific areas of development where we need to focus with regard to implementation of government programmes. We now know that the percentage of households without toilet facilities has increased between the two censuses from 12.4% to 13.6%. The Eastern Cape ranks highest in terms of need for toilet facilities. The increase here was from 29.1% in 1996 to 30.8% in 2001. This finding calls for intervention in the area of public health, where we need to curb the spread of water-borne diseases such as cholera and other related diseases.
In the area of education, compared to Census '96, Census 2001 informs us that the proportion of people without education has declined from 19.
17.9 % whilst the proportion with tertiary education has increased from 6.2% to 8.4 %.
Lastly, Census 2001 provides our citizens, including researchers, those in government and in non-governmental organizations and the private sector an opportunity to engage in advanced analysis of both Census ´96 and Census 2001. A detailed and thorough analysis will tell us much more about the relationships between the variables and how these have changed over time â¯ because we need to know this Madam Speaker. We are a country that has a great appetite for information, that we cannot avoid detailed inspection of our most valuable tool for planning, our statistics. Statistics is too important to be left to statisticians says Moser, the former head of the National Statistics Office of the UK.
Census 2001 results come in a variety of different products, both in printed copies and electronic media. Printed products include census in brief, Key findings and how the count was done. Some of these printed products have been reproduced on the CDs. Stats SA has already made its website available to the public to be able to customize and download census data from both 1996 and 2001 according to their different data needs. Amongst the electronic products are the primary tables: national and provincial, community profiles at the level of cities, local authorities as well at levels of suburbs and villages including wards.
Turning to our role in SADC, I mentioned in this house then that 2001 marked a celebration for the bean counters, as many parts of the world were in the census-taking mood. In SADC, South Africa has been assigned the role of being a co-ordinator and focal point for the SADC censuses, in this regard, I am pleased Madam Speaker to announce that Zambia and Mauritius conducted their censuses in 2000, South Africa, Botswana and Namibia conducted theirs in 2001 and finally Tanzania and Zimbabwe ran their censuses in 2002. We expect Angola and the DRC to run theirs before 2005 whilst Lesotho, Malawi, Mozambique and Swaziland will conduct theirs in the second half of the decade as per schedule and in terms of legislation South Africa is scheduled for 2006 as well. This gives the SADC region and the founding protocols of SADC a relatively stable source of information because the region collaborated and adopted common approaches to the census including common questions. We have empowered ourselves as a region. More recently, in July and August, joint training workshops on analysis of census data were held in Lesotho and Mozambique and we used expertise from the SADC offices. This week Botswana is hosting a dissemination workshop for users on their census and SADC member states are participating.
In doing what the Statistics Council statutorily asked me to do, Madam Chair, I would like to highlight some of the points that the Statistics Council makes in terms of the Act.
Council recommends to the Minister that he support the release of the results of Census 2001. The statement by Council is in the Census packs and I would like members to read the statement.
Like any other developing country, South Africa is searching for its position in the information age. As we do so, need to deal with issues of cost and benefit. Do we want to spend R1 billion every five years collecting census data, what are the benefits of doing so, what are the risks of failing to do All these questions need to be answered by our society. Stats SA is just implementing the mandate that we have entrusted in them by an Act of Parliament. A consultative process has started with regard to whether Census 2006 should be conducted or not, and the Statistics Council will advise the Statistician General and myself after October 02, 2003. We are one of the few countries that take five-yearly censuses in the world, and the only one in Africa?
Stats SA has done it again. Madam Speaker, I would like this House to join me in congratulating the Statistician-General, Mr Pali Lehohla, and entire Stats SA management for the good work done. I would also want to extend gratitude to the Statistics Council whose members have had to put hours and hours of work to make Census 2001 a reality. Finally, Madam Speaker, I would like to thank this House for affording Stats SA an opportunity to bring the Census results to the National Assembly.
<fn>GOV-ZA.2003091102En.2012-02-10.en.txt</fn>
The National Treasury is not given to hyperbole or sensation. However the debate on the Municipal Finance Management Bill in the National Assembly today is indeed an occasion to bring to fruition what has been a record or damn near record. It has taken the greater part of three years to draft, redraft and refine, in fact I have lost count of the numerous version of the bill as circulated. If my calculations are correct, there were 41 committee hearings and sittings on this Bill in Parliament, in addition to smaller working groups that also met.
There should be no suggestion Madam Speaker that this legislation is not the most extensively consulted upon piece of legislation before this House ever.
The Bill covers for the local sphere of government the same issues that the Public Finance Management Act covers for the national and provincial spheres. Indeed, this Bill was originally planned to be part of the Public Finance Management Bill, when it was first prepared for tabling as the Treasury Control Bill in 1998. However, at the time the specific characteristics of local government were so different from the national and provincial spheres that it warranted a separate Bill. Hence it was removed from the Treasury Control Bill shortly before its gazetting (on 14 August 1998) and tabling. The PFMA was enacted as Act 1 of 1999, within 6 months of it's gazetting.
The Bill also involved two significant rounds of amendments to the Constitution. The first amendment passed in 2001 amended section 230 of the Constitution, which deals with municipal borrowing, by adding a new section 230A to permit municipal borrowing and long-term contracts. A second amendment was effected early this year to section 139 of the Constitution on provincial intervention in municipalities, by allowing for a process of mandatory intervention in the event of a serious financial crisis in a municipality where the ability to provide basic services are impaired.
Both these amendments were necessary, not only to resolve municipal financial crises, but also to protect municipalities and to reduce the risk premium for municipalities when they borrow funds. It protects municipalities whilst they are resolving their problems, to enable them to continue providing services. It also provides certainty to lenders and investors about action that can be taken against a municipality that do not meet their financial obligations. In this respect, provincial governments will have to rise to the challenge of assisting or intervening earlier when municipalities experience financial problems, rather than ignoring the problem. Compliance by provincial governments to monitor municipal finances, and to act when problems are first identified, is critical for good governance in South Africa, and to assure our people that basic services are being provided.
National government is committed to facilitating a municipal borrowing market, and will take steps to ensure that all spheres of government act on their constitutional responsibilities. This commitment will enable government to maximize delivery, and allow municipalities to lower their costs of borrowing for capital expenditure and to attract investors. The monthly reporting system in the Bill offers a powerful mechanism to both the municipal council and province to assist them in their monitoring role, on a monthly or quarterly basis. This early warning system is already being used very successfully in the monitoring of provincial finances.
But coming back to the Bill, Madam Speaker, it does not only permit municipalities to borrow and provide mechanisms for resolving financial problems in a municipality, it goes much further. It also attempts to modernize the approach to budgeting and financial management in municipalities.
The current system of budgeting and financial management at municipal level is antiquated and based on one year line-item budgeting. Unlike the national and provincial spheres of governments, budgeting reforms such as the Medium Term Expenditure Framework, budgeting by programmes and votes rather than inputs, focusing on outputs and performance etc, have not been implemented, save for a few pilot municipalities, at the local sphere. The Bill before this House will introduce these budget reforms to municipalities over the next few years.
As with the PFMA, the approach to financial management gives effect to the principle of ensuring effective accountability for the policy and implementation processes. The Mayor will be responsible for policy and outcomes, and the Municipal Manager responsible for outputs and implementation. Whilst the Municipal Manager is accountable to the Mayor or Executive, both are also accountable to the Municipal Council, which must approve the policy proposals and budget, and play an oversight role over their implementation and outputs.
The Bill spells out clearly the role of Councillors, Mayors, Municipal Managers and other officials in their engagement with the municipal budget and its implementation, procurement or supply chain management and municipal entities. It spells out the policy-guiding role that the Mayor plays in the budget process, with the IDP and other policy areas, and in setting performance targets for the Municipal Manager. It makes the Municipal Manager the accounting officer responsible for implementation of policies approved by the Council, and in accordance with the performance contract agreed to with the Mayor.
The annual report is one of the most important tools for performance accountability. The Bill imposes tough sanctions against a Municipal Manager or municipality that fails to submit its financial statements within two months after the end of the financial year. This measure is in line with the PFMA, and deals with the legacy of lethargy in submitting financial statements promptly after the end of the financial year. Just as this is no longer tolerated for national and provincial departments, it will not be tolerated for municipalities.
Moreover, the annual report will include reports on performance, to be audited in terms of the Systems Act. The annual report will also include details of all intergovernmental grants, ensuring that these are all budgeted for by the municipality, and spent in accordance with the approved budget. The Bill also obliges municipalities to disclose the salaries and remuneration of the Mayor, Municipal Manager, Councillors and senior officials. The annual report is an important tool for empowering both Councillors and the local community to hold the municipal officials and Mayor accountable for their performance in the delivery of services.
Just as important are the provisions requiring monthly and quarterly reports on finances and service delivery. These reports enable the both the Municipal Manager and Mayor to be pro-active in dealing with problems of implementation as they arise. They allow councillors and provincial government to monitor the performance of the municipality in-year, without waiting for the annual report, which is only published after the end of the financial year. All these reporting mechanisms are in line with international best-practice on fiscal and financial reporting.
The Bill ends the practice of undisclosed or unaudited banking accounts or investments by municipalities. It requires each municipality to open bank accounts into which all money received must be paid. The Municipal Manager is made responsible for how these accounts are managed. Municipal investments will be completely transparent, and must be in accordance with the investment framework prescribed by the National Treasury.
The Bill also provides strong measures for dealing with financial misconduct and grossly negligent behaviour.
The Bill gives effect to Chapter 3 of our Constitution dealing with Co-operative Governance. It facilitates greater co-ordination between the spheres of government, especially in the areas of budgeting, planning, policy implementation and auditing process. It also allows for the alignment of the IDP and the budget of a municipality, within a balanced budget framework, including a realistic projection of revenue to be collected. The Bill promotes a more consultative and transparent process for national organs of state providing bulk resources such as electricity and water to municipalities, especially around pricesetting policies. There is also a process to manage intergovernmental financial disputes.
The Bill will also promote public-private partnerships by allowing municipalities to enter into long-term contracts, subject to a regular review. Municipalities that ensure proper consultative process with the relevant national departments will be exempted from any tariff-capping legislation that may prevent the private sector from entering into long-term contracts with municipalities.
It is important to note that the bill allows for a greater degree of consultation and communication with communities, residents, ratepayers, lending institutions etc. Municipalities must rise to the challenge of providing important documents such as the budget, IDP, quarterly and annual reports on their websites, and to ensure greater accessibilty of these documents to all communities they service.
This Bill is forward looking, and requires a new approach to implement the radical changes that must replace old practices. New skills are required to implement the Bill successfully, and a new cadre of Municipal and Financial managers and practitioners will be required in municipalities. In implementing the MFMA, it is more important to implement the SPIRIT of the MFMA, than to do so merely for the sake of nominal compliance.
The challenge facing us in implementing this Bill are enormous, given that there are 284 municipalities. We have already started implementing the MFMA reforms by commencing with a few pilot municipalities over the last three years. The pilots now encompass 39 municipalities across the country that are rolling out sections of the reforms with assistance from National Treasury and the international technical assistance programme. Visible signs of progress have been noted in 24 municipalities who have already tabled multi year 2003 budgets.
An important element of the implementation plan is creating municipalities that are learning organizations, capable of benefiting from best practices, peer learning etc. In addition, we need to encourage the development of a cadre of technically competent professionals and managers in the public sector. In this respect, our higher learning institutions, professional associations and SETAs have a critical role to play. I have urged that professional associations like IPFA and IMFO merge to pool their resources, and rise to the challenge of generating a sufficient number of members equipped with the right mind-set to implement these reforms.
There is also an important role for the private sector to assist municipalities, by investing, lending and through public-private partnership initiatives. Such a role should also extend to assisting municipalities to develop their capacity in project management, capital planning and in modernising business processes.
In taking up these opportunities, I want to appeal to the private sector to do so in an ethical way, with the correct attitude in the public interest. As we in the public sector become more transparent, we would appeal to the private sector to also provide better quality of services to the public sector, and minimise corruptive and exploitative practices, irresponsible speculation and investment of public funds etc. In particular, I want to appeal to accounting and consulting firms not to see the MFM Bill as an opportunity to make super-profits, or to create more dependency on them. To protect municipalities from these opportunistic practices, the National Treasury will be recommending training courses to municipalities, and consider measures that should be taken to build capacity rather than dependency.
Madam Speaker, this Bill is one of the foundation Acts of Parliament required by the Constitution and the 1998 White Paper on Local Government. It gives effect to chapters 3 and 13, and section 139 as amended, of the Constitution.
In concluding, Madam Chair, I want to thank a number of persons who have contributed towards the Municipal Finance Management Bill. Firstly, I want to thank the members of the two portfolio committees on Finance and Local Government, for working so closely to ensure that the Municipal Finance Management Bill and Municipal Systems Act are consistent and linked to each other in a way that will help local government officials and councillors. I want to thank Ms Barbara Hogan and Mr Yunus Carrim for their guidance during the processing of the two bills.
I also want to thank my colleague Minister Sydney Mufamadi and his officials for working so closely with the National Treasury to ensure that the two bills are consistent, and for their assistance during the very hard process to amend the Constitution, particularly section 139. This co-operation will be even more important in the coming years as we implement both the Systems Act and this Act.
I want to thank Mr Johnny de Lange and the Portfolio Committee on Justice and officials for all their assistance in processing the two Constitutional Acts required for this Bill.
I would also like to thank SALGA for its participation in the process, particular the valuable inputs from the Mayors of Tshwane, Ekurhuleni and Matjhabeng and all the individual inputs.
I would also like to end by thanking the officials of the National Treasury for all their hard work and persistence over this period, to ensure that the two Constitutional amendments and this Bill have finally being completed.
Now they face the even harder task of implementing the Bill successfully.
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It is a great privilege for me to address you this evening.
I was going to start by saying that these are interesting times for emerging markets. But, when over the past ten years have I not been able to start with this statement From Mexico to Russia to East Asia to Argentina to Brazil, all have experienced "interesting times" over the past 10 years?
The sheer volume of capital that washes about in the high seas of global markets always gives us something to talk about.
If the volume weren't sufficient, the speed of the winds blowing that capital in one direction and then abruptly and without warning in completely the opposite direction means that we have had to add a new section to our economic vocabulary.
"Sudden stops" and "external dominance" have entered the vernacular of the captains of emerging market economies and their navigators in a big way.
Even the luxury liners of the world economy are subject to the cold realities of global capital flows. They too must maintain constant vigilance to avert disasters from the icy discipline of global capital, especially those that are hungry consumers of global savings.
But, the responsibility weighs even heavier on those entrusted with piloting developing yachts that have elected to remove the false protection that the harbour of capital controls offers.
Our President reminded us recently that South Africa remains a divided and scarred society.
Even 10 years after the end of apartheid, we face a society with a well-developed, sophisticated formal sector. Where multi-million rand deals, lavish salary packages and conspicuous consumption for the privileged are the order of the day.
This exists alongside an informal sector where unfair deals, meagre salaries and inconspicuous consumption are a reality.
Sadly, this is not limited to an underprivileged few. That would be bad enough!
There remain too many South Africans who are not yet realising the economic benefits that democratic freedom can offer.
True, we have done remarkably well in our endeavour to undo the damage of 40 years of apartheid.
Access to basic services, such as water, electricity and sanitation has improved across the board.
The proportion of people with access to a telephone has risen by over 50%.
Access to education has improved considerably, with over 20% of young people now completing grade 12, up from 16% 5 years earlier.
Our own figures show that the number of people receiving social security grants has risen from 2,5 million in April 1997 to 6,7 million last month.
While we have come a long way, our journey to achieve economic emancipation is a protracted one. But, as we have demonstrated in the past, as a nation we have the tenacity, commitment and courage to surpass our own expectations.
And we will continue to do so into the future as we question the barriers to growth, as we encourage debate on our developmental path and as we remain committed to the sensible policies that will sustain us.
"As far as economics is concerned, the big challenge is poverty, and the surest route to sustained poverty reduction is economic growth. Growth requires good economic policies".
To address our development challenges, it is imperative that we do not eschew the benefits that global capital affords us. Opening the economy to global capital markets facilitates faster economic growth and development.
But, this does not obviate the need for prudent management of domestic economic policy.
In fact, it heightens the need so that our shared future is built on a sustainable growth path.
Our development trajectory is firmly grounded on the foundation of our macroeconomic framework, which we have sought to put in place over the past 10 years.
1 Fischer, S Globalisation and its Challenges: Richard T Ely Lecture, in The American Economic Review, May2003. American Economic Association, USA.
It is this framework that has enabled us to reprioritise spending for social service delivery, while reducing the fiscal deficit to 1,2 per cent of GDP last year from over 7 per cent in 1994.
It is this framework that has allowed us to increase real spending over the medium term, as the cost of servicing our accumulated debt continues to fall.
In 2000, we introduced the inflation-targeting framework to provide a transparent and efficient nominal anchor for the Reserve Bank to fulfil its constitutional mandate, namely managing monetary policy.
Since then, the framework has come under pressure in the face of the currency depreciation toward the end of 2001 coupled with volatile food prices. Our target measure of inflation, CPIX, rose from, within the target range between August and October 2000, to a peak of over 11 per cent between October and November 2002. A significant increase after having touched a low of 5,8 per cent a year earlier.
Not an auspicious start by any measure. So, does this mean that inflation targeting is not right for us?
No, absolutely not. As in the past, we must stay on course, because price stability is fundamentally important in our quest for economic development and freedom.
And, inflation targeting provides us a monetary policy framework within which we can most readily plot a course toward this freedom.
That price stability matters should be uncontroversial. But, it matters across so many dimensions that some deserve a mention.
Our most vulnerable citizens - the poor, the elderly and those surviving on social security grants - are unable to protect themselves against rapid inflation.
Quite simply, they lack the sophistication and access to financial instruments to protect their meagre incomes and savings against inflation.
As policymakers, we simply must assist them along two fronts. First, we must conduct policy in a way that minimises the threat of inflation. Second, when appropriate, we must be - and we are - able to provide emergency relief in the face of volatile prices, especially food prices.
Further, acceleration of growth and development requires rapid expansion of investment spending. While we have enjoyed 15 quarters of uninterrupted growth of investment spending, the investment rate of around 15 per cent of GDP is insufficient to propel us into the warmer currents, where rapid growth and development in sustainable.
Achieving price stability complements other policies that lower uncertainty to investors, thereby encouraging higher levels of investment and improving the effectiveness of other policy measures to promote investment.
Preserving price stability is important for protecting domestic savings. This is fundamental if we are to allow our poor to safeguard their livelihoods against uncertainty. And, equally, to provide valuable capital for investment.
Price stability provides a stable platform for fiscal planning and policymaking. Ensuring that the promises we make to our people, are promises we can keep.
However, as with all sound policy, it cannot be implemented in isolation. There are things we must do to ensure that it operates effectively.
Remaining committed to this sole objective of monetary policy, as enshrined in the Constitution.
Maintaining a sound fiscal framework to prevent the remotest possibility of so-called fiscal dominance. From this path, South Africa cannot and will not flinch.
Ensuring that our financial markets are sophisticated, competitive and well-regulated.
The task is tough and demanding. But, we are fortunate to have highly capable regulators and an industry committed to working to the highest standards. This must continue if we are to attain and maintain our rightful place in world markets.
As the participants in the industry at the hub of savings intermediation, you carry important responsibilities. First to ensure we get the maximum economic benefit from our meagre savings.
Second, to respect and facilitate the democratisation of our society by overcoming prejudices and encouraging the development of emerging entrepreneurs. Continued commitment to the principles agreed at the Financial Sector Summit last year are paramount.
Ensuring the successful implementation of the framework demands the highest level of transparency and commitment from the Reserve Bank.
The Governor has established many forums for interaction. These must be utilised to the fullest possible extent to build further credibility around this.
In the end, it is the entire crew that must guide the ship to tranquil waters.
Our continued commitment to macroeconomic stability underpins everything we do.
As we continue to build our credibility in the international community: - reflected in continuous ratings upgrades and diminishing risk premia on our debt - we will manage the external factors that negatively affect the framework, especially exchange rate volatility.
Also, Government's around the world must have the temerity to tame the tumult in international capital markets.
As John Gray2 reminds us, intervention is often required to reconcile the dynamism of capitalism with social stability.
This demands a boldness of leadership on the international front to enhance the effectiveness of both capital and trade markets and to ensure that all countries benefit from the opportunities which globalisation offers.
I am encouraged. The multilateral institutions are taking tentative steps to provide more stability in the global economy and to ensure the benefits are more equitably shared.
Lest we lose sight of our core objective in this pool of economic jargon, let us remind ourselves of why we operate in this environment and what our challenge are.
That everyone who wants to work can work.
That we can provide for our families.
That we can realise our dreams, hopes and aspirations. The outlook going forward is beginning to brighten. Indeed, we can see dawn breaking after the recent global slowdown. The IMF is telling us that global growth will breach 4 per cent next year, underpinned by acceleration of growth in the US in particular.
But, work is needed to ensure this is not a false dawn.
The global growth trajectory is not without its challenges. In particular, the world is too reliant on the US as a source of global growth. Worrying external imbalances make such reliance less sustainable in the long term.
It is, therefore, imperative that structural reform continues in other developed regions, especially Europe to boost growth potential and balance world growth.
The gathering momentum and calmer domestic waters will underpin continued expansion of our own economy in the years ahead.
Further, net private capital flows are expected to be US$110 billion in 2003, the highest level since the mid 1990s. We are well-placed to ensure we can capture a substantial share of this to channel into economic growth and development.
In closing, the challenges of growth and development lie before us as a nation.
As the industrialised world picks up, we must strive to ensure a balanced growth agenda that generates sufficient capacity to meet our development challenges.
Our sights are firmly set and we will stay the course.
2 Gray, John. 1999. False Dawn: The Delusions of Global Capitalism. Granta Publications, London. Quote at page 210.
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1.1 In August 2002, at the NEDLAC Financial Sector Summit, the financial sector committed itself to the development of a Black Economic Empowerment (BEE) charter.
ï¿½ despite significant progress since the establishment of a democratic government in 1994, South African society remains characterised by racially based income and social services inequalities.
ï¿½ BEE is a mechanism aimed at addressing inequalities and mobilising the energy of all South Africans.
ï¿½ inequalities also manifest themselves in the country's financial sector. A positive and proactive response from the sector through the implementation of BEE will further unlock the sector's potential, promote its global competitiveness, and enhance its world class status; ï¿½ equally, the financial stability and soundness of the financial sector and its capacity to facilitate domestic and international commerce is central to the successful implementation of BEE.
1.2 We, the parties to this charter, therefore commit ourselves to actively promoting a transformed, vibrant, and globally competitive financial sector that reflects the demographics of South Africa, and contributes to the establishment of an equitable society by effectively providing accessible financial services to black people and by directing investment into targ eted sectors of the economy.
ï¿½ outlines processes for implementing the charter and mechanisms to monitor and report on progress.
2.1 Affected institution means every financial institution that takes designated investments.
ï¿½ where the financial institution is listed on the JSE Securities Exchange South Africa the market capitalisation of the financial institution concerned shall serve as an overall benchmark for the individual valuations of the underlying assets and businesses of such financial institution such that, on a sum-of-the-parts basis, these would represent a value no higher than such market capitalisation.
ï¿½ Cash flows to a beneficiary or shareholder will be valued on an after-tax basis.
2.3 BEE, as defined in the Broad-Based Black Economic Empowerment legislation, means the economic empowerment of all black people, including women, workers, youth, people with disabilities and people living in rural areas, through diverse but integrated socio-economic strategies.
2.4 BEE accredited means being validated in terms of this charter as a BEE company, or being validated as having achieved a certain standard of BEE contribution in terms of a recognised BEE charter scorecard or accreditation system.
ï¿½ joint ventures with, debt financing of or other form of credit extension to, and equity investments in BEE companies (other than SMEs).
2.6 BEE companies refers to companies as defined in paragraphs 2.7, 2.8, 2.9, and 2.12.
2.7 Black companies mean companies that are more than 50% owned and are controlled by black people.
2.8 Black empowered companies mean companies that are more than 25% owned by black people and where substantial participation in control is vested in black people.
2.9 Black influenced companies mean companies that are between 5% and 25% owned by black people and with participation in control by black people.
2.10 Black people means all Africans, Coloureds and Indians who are South African citizens and includes black companies. However, in paragraphs 5 and 11 the term shall include permanent residents of the Republic of South Africa. The word "black" when used in conjunction with other words shall have the same implications.
2.11 Black SME means a small or medium enterprise (with a turnover ranging from R500,000 per annum to R20 million per annum) which is a black company or a black empowered company.
2.12 Black women-empowered enterprise means companies that are more than 30% owned by black women, and where substantial participation in control is vested in black women.
2.13 Broad-based ownership is where an empowerment shareholder represents a broad base of members such as employees (to the extent that the options have actually been exercised), collectives and/or communities, or where the benefits support a target group, for example black women, people living with disabilities and the youth. Shares are held directly or indirectly through non-profit organisations and trusts. At the same time, directors and management of the groups should predominantly comprise black people.
2.14 Charter Council means the Charter Council established in terms of paragraph 15.1.
2.15 Company means an enterprise registered in terms of the Companies Act, 1973, close corporations, trusts and any other such enterprise formed for business purposes.
2.16 Control centres on the authority and power to manage assets, the determination of policies and the direction of business operations.
ï¿½ participation in executive management.
2.17 Discrimination: means discrimination as defined in the Promotion of Equality and Prevention of Unfair Discrimination Act.
2.18 Designated investment means any form of statutory or voluntary deposit, saving, investment or risk insurance placed or made by the South African public (whether of a wholesale or retail nature, but not by one financial institution in another).
2.19 Development Finance Institutions or "DFI's" means finance entities created or funded by a tier of Government. These include, but are not limite d to, the DBSA, IDC, PostBank, NEF, Land Bank, Khula, NHFC, the PIC, the Umsobomvu Fund, and Provincial Development Corporations.
2.20 Direct ownership means ownership of an equity interest together with control over all of the voting rights attaching to that e quity interest.
ï¿½ BEE transactions.
appropriate and affordably priced products and services for effective take up by LSM 1-5; and structuring and describing financial products and services in a simple and easy to understand manner.
2.23 Enterprise development means support for existing, or the fostering of, new black SMEs and BEE companies in the financial and other sectors of the economy.
2.24 Executive management means X number of people identified by the Board of Directors by name and position as the top managers of tha t financial institution, where X = 0.4% of the total staff of the financial institution employed in South Africa, with a minimum of 9 people and a maximum of 50.
2.25 Financial sector means all the classes of financial institution defined in paragraph 2.26.
2.26 Financial institutions means banks, long -term insurers, short -term insurers, re-insurers, managers of formal collective investment schemes in securities, investment managers and other entities that manage funds on behalf of the public, including retirement funds and members of any exchange licensed to trade equities or financial instruments in this country and entities listed as part of the financial index of a licensed exchange. Any other institution in the financial sector, including licensed exchanges, may opt in.
savings products and services, being a first order basic and secure means of accumulating funds over time. (e.g.
credit for low-income housing (as defined in paragraph 2.34.3, but with a minimum income of R500 per month), financing agricultural development, or establishing, financing or expanding a black SME (as defined in paragraph 2.
insurance products and services being the mitigation of impac t of defined first order basic risks. (e.g. life insurance, funeral insurance, burial society, household insurance and health insurance).
2.28 Global policy means a globally and uniformly applied restriction, regulation, or directive imposed on a foreign owned financial institution by the parent company or on any financial institution by a regulator which governs that financial institution.
2.29 Indirect ownership occurs where an institution or other investor owns equity in a company on behalf of beneficiaries and there may not be direct participation by the beneficiaries in the voting rights.
ï¿½ Junior management means all employees with a package (excluding bonuses) in respect of which the cost to the employer is between R150,000 and R250,000 per annum.
If the bonus is in excess of 50% of total remuneration then 50% of the bonus will be included as part of the package.
The salary bands will be increased in line with the consumer price index ("CPIX") on the 1st of January each year commencing on 1st January 2004.
2.31 Procurement means all expenditure to acquire goods and or services including capital expenditure, but excluding ï¿½ broker commissions; ï¿½ reinsurance premiums; ï¿½ commissions paid to insurance intermediaries; ï¿½ property and rental purchases (although property management is specifically included); ï¿½ expenditure classes covered elsewhere in the charter e.g. salaries and wages.
ï¿½ all V.A.T payable.
2.32 Regulation or regulate when used in this charter shall have a common law or economic meaning depending on the context in which it is used.
ï¿½ BEE transactions taking place on a willing buyer and a willing seller basis.
2.34 Targeted Investment means debt financing of, or other form of credit extension to, or equity investment in South African projects in areas where gaps or backlogs in economic development and job creation have not been adequately addressed by financial institutions.
transformational infrastructure projects that support economic development in underdeveloped areas and contribute towards equitable access to economic resources.
ï¿½ municipal infrastructure and services.
agricultural development involving integrated support for resource-poor farmers, through enabling access to and the sustainable use of resources.
low-income housing for households with a stable income in excess of R1,500 per month and less than R7,500 per month. This income band will be increased in line with the CPIX on the 1st of January each year commencing on 1 January 2004.
All references to a year mean 31 December of that year (e.g. 2008 means 31 December 2008).
3.1 In most economies the financial sector plays a central role in enhancing growth and development. The South African financial sector is generally recognised as world class in terms of its skilled workforce, adequate capital resources, infrastructure and technology, as well as a conducive operating, regulatory and supervisory environment.
ï¿½ it is characterised by the presence of a few very large institutions. Many of the smaller and foreign institutions have exited the market in recent years; ï¿½ there are low levels of black participation, especially of black women, in meaningful ownership, control, management and high-level skilled positions in the sector; ï¿½ there has been an inadequate response by the sector to the increasing demand for access to financial services; ï¿½ the sector has not effectively provided credit to entrepreneurs, particularly black businesses; ï¿½ the national level of savings and investment is inadequate to support sustained economic growth and individual financial security; ï¿½ there is insufficient investment of the savings pool under the control of the sector into targeted investments of national priority; ï¿½ a large pool of funds circulates outside the formal financial system, including but not limited to funds held by stokvels, informal traders and in other forms of short-term savings; ï¿½ there has been limited support for new black firms in the financial sector by Government and the private sector; and ï¿½ they need to find meaningful ways to support the Proudly South African Campaign.
3.2 By addressing the abovementioned challenges, the financial sector will make a significant contribution towards economic growth, development, empowerment and reduction of inequalities and poverty in our society. The initiatives envisaged will also promote growth in the financial sector.
3.3 The growth and development of the financial sector is central to the successful implementation of BEE and is an overriding principle and objective of this charter.
ï¿½ the regulatory environment and architecture of the sector must promote the empowerment objectives of this charter, lower the barriers to entry and facilitate competition.
4.1 This charter applies to the South African operations of the financial sector.
4.2 The targets in this charter will be applied from 1 January 2004 (the "effective date") until 31 December 2014.
4.3 In 2009 (based on the reports for the year ended 31 December 2008), the Charter Council will undertake a comprehensive mid-term review and make decisions regarding the implementation of the charter in its second term. The ownership provisions will be reviewed in 2011 to address identified shortcomings. The ownership provisions will be reviewed by the Charter Council in 2011 to decide what further steps (if any) to address identified shortcomings should be taken at individual financial institution, sub sector, sector or national levels.
4.4 The parties to this charter agree that the principles contained in the charter will be relevant beyond 2015. In 2015 (based on the reports for the year ended 31 December 2014) the Charter Council will undertake a second comprehensive review of progress in terms of the charter, and draw conclusions as to the impact of the charter on the sector and the economy, and make decisions as to what further steps (if any) to address identified shortcomings should be taken at individual financial institution, sub sector, sector or national levels.
4.5 All the provisions of the charter are to be achieved in a manner consistent with sound business practice.
4.6 Certain of the provisions of the charter will not apply in the same manner to all financial institutions.
Exemption from the Human Resource Development provisions If the financial institution has less than 50 staff members, it will be exempt from the provisions of paragraphs 5, 11.3 and 11.4 of the charter unless it opts to be so bound. But it will nevertheless remain bound by all labour legislation (and specifically the provisions of the Employment Equity, Labour Relations and Skills Development Acts).
If the financial institution has less than R10 m of designated investments it will be exempt from the provisions of paragraph 9 of the charter unless it opts to be so bound.
If the financial institution has less than 50 staff members and less than R10 m of designated investments, it will be exempt from all the provisions of the charter unless it opts to be so bound.
it is precluded from accommodating local ownership participation, it will be exempt from the ownership provisions of paragraph 10 of the charter.
Exemption from the Access provisions ï¿½ If the financial institution is a wholesaler, in the sense that it is not a provider of first-order financial products and services, it will be exempt from the provisions of paragraph 8 of the charter unless it opts to be so bound. ï¿½ If the financial institution is a retailer of first-order financial products and services but, on grounds presented to and accepted by the Charter Council, it would be inconsistent with its business model for it to extend those products or services to low-income communities, it will only be responsible for the consumer education component of access (paragraph 8.4), and the points will be adjusted accordingly.
If a retirement fund has less than 50 staff members, it will be exempt from all the provisions of the charter other than paragraphs 9 and 12.
If a retirement fund has more than 50 staff members, it will be exempt from all the provisions of the charter other than paragraphs 5, 11.3 and 11.4, and paragraphs 9 a nd 12.
4.7 All financial institutions claiming exemptions in terms of this paragraph must submit a return to the Charter Council providing motivation and evidence supporting the exemption.
4.8 The participation of DFIs in certain aspects of the charter is required in order to give full effect to the intent of the charter.
ï¿½ the financial institution opts in.
4.10 Notwithstanding the provisions of paragraph 4.9 above, the boards of directors of all financial institutions will ensure that transformation plans are rolled out through all the divisions and subsidiaries of the group, and that measurement mechanisms are put in place, responsibility given and performance evaluated at all levels and in all areas.
4.11 The parties to this charter agree that the public and private sectors, when sourcing products and services from the financial sector, should apply the charter and its scorecard.
the parties to this charter agree that the private sector should base its evaluation of the BEE contribution of members of the financial sector on the charter rating which has been accorded in terms of this charter.
5.1 Disparities in the South African workplace resulting from past discriminatory practices and laws are not only unjust, but also have direct negative implications for economic efficiency, competitiveness and productivity. It is therefore in the country's long-term national interests that a broad-based and diverse pool of skills is developed for the sector to unleash the potential of all South Africans.
invest in and equip current and future leadership incumbents in the sector with the appropriate knowledge and capacity to enable them to play a central role in driving the transformation programme.
based on an estimated ratio of 1.
based on an estimated ratio of 12% for 2002, each financial institution will have a target of a minimum of 15% black women at junior management level by 2008.
5.4 In recognition of the low starting points and targets, and the need for higher levels of black women representation at all three levels and at executive level, a 2014 target of 33% of the relevant total black representation target has been set for black women representation at all four levels. The financial sector commits, before 2008 and through a mechanism established by the Charter Council, to establish the other 2014 targets for all management levels and at executive level (dealt with in paragraphs 11.3 and 11.4).
5.5 Over and above any skills levies payable by a financial ins titution, each financial institution will, from the effective date of the charter to 2008, spend 1.5% of total basic payroll per annum on training of black employees.
5.6 This skills development initiative shall be directed at skills programmes that promote black skills in the sector in line with a skills audit for each sub-sector. These skills audits may be undertaken by the financial institution, the sub -sectors or by the respective SETAs and the programmes shall be formalised and commenced by 1 July 2005.
5.7 The financial sector undertakes to implement a Learnership Programme in terms of which, over one learning cycle of three intakes, each financial institution will employ up to 4.5% of its total staff in the form of black matriculants, or the NQF Level Four equivalent, in registered learnerships. Direct spending in excess of that recovered from the SETAs or Government will form part of the skills development targets in 5.5. The sector commits to review its matriculant learnership programme after the first cycle in consultation with the department of labour, with a view to implementing a second cycle. This commitment is subject to satisfactory resolution of the principles and funding of matriculant learnerships with Government and the relevant SETAs.
where possible, in conjunction with institutions of higher learning, introduce training programmes in line with the NQF requirements and establish undergraduate and post graduate diplomas and degrees in financial services.
6.1 Financial institutions will implement a targeted procurement strategy to enhance BEE. Provided there are charters in the information and communications technology ("ICT"), the advertising and the automotive and building sectors, and that international suppliers are subject to those charters, the target will be 50% of the value of all procurement from BEE accredited companies by 2008 and 70% by 2014.
6.2 A minimum of two thirds of that expenditure must be spent with BEE accredited companies as the primary vendor. The residual one third may be channelled to BEE accredited companies via a primary vendor, which is not a BEE accredited company, with only the BEE portion of the expenditure counting towards the target. Where a supplier is a BEE accredited company, which also sources from other BEE accredited companies, only the expenditure at the first tier will count towards the target.
provide support to black SMEs to enable them to benefit from targeted procurement programmes.
report on all spend as per the categories that fall within the definition of BEE accredited; an d explore meaningful ways of supporting the Proudly South African Campaign.
The Charter Council will review the 2008 and 2014 targets in 2005, to assess the status of charters in other sectors, and to assess the impact of 6.1 on procurement of services from black-owned SME'S. The Charter Council will specifically review the targets for claims procurement in the shortterm insurance sub-sector in 2005.
improving the levels of assistance provided to BEE accredited companies in the financial sector and other sectors of the economy through skills transfer, secondment of staff, infrastructure support, and giving technical and administrative support and assistance.
supporting the establishment and growth of BEE accredited companies as broking agencies and/or enterprises in the financial sector through which the sector sells its products and services. Measurable financial support given in this connection will be scored under procurement; and joint ventures with, debt financing of, and equity investments in BEE companies, in the financial sector and other sectors of the economy. Measurable financial support given in this connection for a Black SME may be scored under Targeted Investments, or, for a BEE company, it may be scored under BEE transactions financing, measured on the basis of Rand spend.
7.2 The financial sector will ensure that where appropriate, it refers business opportunities to, and procures financial services from, black owned financial institutions.
The financial sector's support for the development of second and third tier financial institutions may take, but shall not be limited to taking, the form of measures set out in paragraphs 7.1.1 and 7.2 8.
8.1 The financial sector acknowledges that access to first-order retail financial services is fundamental to BEE and to the development of the economy as a whole.
8.2 In terms of the Declaration of the Financial Sector Summit on 20th August 2002, it was agreed that strategies would be put in place to ensure that the financial sector is more efficient in the delivery of financial services, which enhance the accumulation of savings and direct them to development initiatives.
ï¿½ credit for small and micro enterprise and poor households.
ï¿½ supporting higher levels of savings and investment overall.
8.3 In respect of this charter, the financial sector commits itself to substantially increase effective access to first-order retail financial services to a greater segment of the population, within LSM 1-5.
by 2008 to make available appropriate first-order retail financial services, affordably priced and through appropriate and accessible physical and electronic infrastructure such that: ï¿½ 80% of LSM 1-5 have effective access to transaction products and services (defined in paragraph 2.27.1); ï¿½ 80% of LSM 1-5 have effective access to bank savings products and services (defined in paragraph 2.27.
ï¿½ a percentage (to be settled with the life assurance industry) of LSM 1-5 households have effective access to life assurance industry products and services (defined in paragraphs and 2.27.4); ï¿½ 1% of LSM 1-5 plus 250,000 have effective access to formal collective investment savings products and services (defined in paragraph 2.27.
ï¿½ 6% of LSM 1-5 have effective access to short term risk insurance products and services (defined in paragraph 2.27.4).
in accordance with the arrangements concluded with Government and the DFIs in terms of paragraph 9.1.3, to originate the low -income housing loans, agricultural development loans, and loans to black SMEs, necessary to achieve the desired breakdown of targeted investment established in terms of paragraph 9.1.3. For the purposes of determining the value of loans originated in terms of this paragraph, any loan which falls within the definition of a first-order retail financial service or product as set out in paragraph 2.27.3 will be taken into account.
Each sub-sector will determine, in consultation with the Charter Council how the sub -sector targets will be divided between the individual financial institutions in the sub-sector.
8.4 Each financial institution commits, from the effective date of the charter to 2008, to annually invest a minimum of 0.2% of post tax operating profits in consumer education.
8.5 The financial sector furthermore commits to: ï¿½ the elimination of discrimination in the provision of financial services; ï¿½ supporting the establishment of third tier community based financial organisations or alternative financial institutions.
By 2005, the financial sector, together with Government, undertakes to establish standards to monitor access and to design a mechanism for the ongoing evaluation and review of the impact of its initiatives on access.
All the parties to the charter commit themselves to working in partnership with Government and its DFIs to mobilise resources for empowerment financing.
Based on preliminary calculations, it is estimated that the aggregate amount of new empow erment financing from the financial sector could exceed R75bn. All parties agree to working together to meet the objective of increasing the total amount of empowerment financing.
9.1.3.6 the extent to which and how past empowerment financing transactions will be taken into account in terms of paragraph 9.1.6.
Investment in transformational infrastructure will, in part, depend on the establishment of a mechanism to identify and analyse potential projects (including appropriate skills and post funding care).
The total amounts to be invested in BEE transaction financing and targeted investments in terms of 9.1.3.2 will be calculated as percentages of the total designated investments in the financial sector as at 31 December 2003, and currently estimated to be of the order of R2,000 bn. Those percentages of designated investments in each affected financial institution will constitute the targets for BEE transaction financing and targeted investment respectively.
Without reducing the total amount for new empowerment financing by the sector, the targets of individual affected institutions might be adjusted to take account of empowerment financing which they have on their books on the effective date of the charter.
Different affected institutions within the sector may choose to participate to a greater or lesser extent in each of the components of targeted investment, depending on where they are relatively better positioned to do so.
ï¿½ any financing and investment which falls within the definition of a first-order retail financial service or product as set out in paragraph 2.27.3 will be taken into account.
Each affected institution shall annually report its investment into each of the four targeted investment areas so that the aggregate can be monitored and actions taken to ensure that the desired results are achieved.
The Charter Council will review the financial sector's impact on the four classes of targeted investments at the end of the period determined in terms of paragraph 9.1.3.4.
Pension fund trustees, fund managers and consultants play a critical role in influencing the flow of funds. Initiatives will therefore be developed to enhance their understanding of investments in general and specifically their participation in targeted investments and BEE transaction financing and to make a material contribution to shareholder activism as contemplated in paragraph 12.
Initiatives aimed at achieving broad -based empowerment will be promoted.
Joint ventures or partnership arrangements should be meaningfully structured with equitable portions of the responsibility and benefit to each party.
10.1 Each financial institution will have a target of a minimum of 25% black ownership, measured at holding company level, by 2010.
10.2 A minimum of 10% of the target set in terms of paragraph 10.1 must be satisfied by way of direct ownership by black people, provided further that the financial institution complies with the provisions of paragraph 11.1 concerning the appointment of black directors.
Should the balance or any part of the balance of 15% be achieved by way of direct ownership a maximum of four bonus points will be awarded.
10.3 Direct ownership as contemplated in 10.2 should where possible meet the principles outlined in paragraph 9.
dire ct shareholding or ownership with control, commensurate with the level of ownership concerned, at subsidiary or divisional level; or joint venture or partnership arrangements.
10.4 Any transaction which involves BEE parties acquiring equity on a conditional, deferred basis, with no issue of equity carrying upfront economic interest, shall, for the avoidance of doubt, not fall to be counted as direct ownership for the purposes of paragraph 10.3 until such time as the equity is actually transferred.
10.5 A maximum of 15% of the target set in terms of paragraph 10.1 may be satisfied by way of indirect ownership by black people at group or subsidiary level. Financial institutions may only score indirect ownership points if they have reached a level of 10% direct ownership, and if they have taken active measures to meet the responsibilities outlined in section 12 of this charter. Indirect ownership will be measured on a basis to be agreed and approved by the Charter Council.
10.6 For the purposes of this charter, black ownership will be calculated as the agreed standard valuation of the black interests referred to in paragraph 10.3 expressed as a percentage of the agreed standard valuation of the South African operations of the financial institution on the date of the transaction. Where a BEE transaction results in black people acquiring 100% of an asset, operation, business or subsidiary from a financial institution the agreed standard valuation of that asset shall be deemed to be the transaction consideration applicable to the BEE transaction concerned, and the aforementioned percentage shall be calculated based on the agreed standard valuation (as defined) of the South African operations on the date of the transaction.
10.7 Only historical direct ownership transactions, which remain wholly or partially current on the effective date, can be included in the calculations of direct ownership. After the effective date, all direct ownership transactions can be included in the calculation of direct ownership, even if they unwind, provided they meet the principles of BEE transactions as provided in paragraph 9.2.
10.8 Any direct ownership transaction, which unwinds, must be referred to the Charter Council for analysis as to whether, when it was originally concluded, the transaction genuinely complied with the intent of paragraph 9.2. If the Charter Council decides that it was not, it may not be taken into account in calculating direct ownership.
10.9 If a financial institution is at least 25% owned by another financial institution, it may, in the calculation of direct black ownership, take into account a portion of the direct black ownership in that other company based on the percentage shareholding of that other company in the financial institution concerned.
10.10 10.10.1 Due to their unique nature, foreign banking groups with a branch structure will have the same target as is set out in paragraph 10.1, but will be permitted to address that target either by transactions contemplated in paragraphs 10.2 and 10.3 of this charter; or by financing identified BEE transactions in addition to the investment contemplated in paragraph 9.1.5. Points and bonus points for such financing will be scored in the same way as if the financing (calculated as a percentage of the agreed standard valuation of the South African operations of the foreign banking group) equated the same percentage of direct ownership in terms of paragraph 10.2. At least 25% of this financing must be committed to BEE transactions in the financial sector.
Not more than 18 points may be earned in aggregate in terms of 10.10.1 and 10.10.2. BEE transactions identified in terms of 10.10.2 will, for the purposes of this charter, be treated as if they were ownership transactions, and shall be governed by all the provisions of paragraph 10, and shall not be measured or treated interchangeably with BEE transactions in paragraph 9.1.5.
11.2 Each financial institution will have a target of a minimum of 11% black women on the board of directors by 2008.
11.4 Based on an estimated ratio of 2% for 2002, each financial institution will have a target of a minimum of 4% black women at executive level by 2008.
12.1 The financial sector recognises that shareholder activism is a critical component of continued confidence and long-term growth of the sector.
encourage shareholder awareness through triple bottom line reporting, reporting on performance in terms of the charter and information about the institution and the sector; and facilitate, where possible, black companies or individuals voting on behalf of indirect owners.
12.3 Fund managers and asset consultants commit, as part of their obligations in the charter, to comply with the provisions of 12.2 and to improve their knowledge and that of union trustees regarding BEE transactions and targeted investment.
12.4 Pension fund trustees are encouraged to play an increasingly active role in promoting the objectives of the charter on their respective boards and in the entities in which they have taken significant investments.
13.1 Each financial institution will have a target of directing 0.5% per annum of post tax operating profits to corporate social investment (CSI) between the effective date of the charter and 2014.
13.2 CSI means projects aimed primarily at black groups, communities and individuals that have a strong developmental approach and contribute towards transformation.
ï¿½ Sport: support of developmental programmes.
14.1 The regulatory environment and architecture of the sector must promote the empowerment objectives of this charter, ensure appropriate standards of entry, operation and disclosure and facilitate competition.
14.2 The parties to this charter agree that, in consultation with Government, the relevant aspects of the regulatory environment which inhibit compliance with the provisions of this charter will be identified and amended to allow for compliance. By the effective date of the charter the specific areas of regulatory review will be defined and attached as an annexure to the charter.
14.3 A key principle informing this charter is that of support for community reinvestment. Any legislation aimed at giving effect to community reinvestment or which requires the setting of targets for the financial sector or any part of it should be brought within the framework of this charter.
14.4 The charter will be published as a Transformation Charter in terms of the Broad-Based BEE legislation. The Minister of Trade and Industry will be requested to publish a Code of Practice which will give effect to the provisions of paragraph 4.11.2.
ï¿½ A Charter Council will be established as an indep endent body with a mandate to oversee the implementation of the charter. ï¿½ The Charter Council will address the issues of principle and, in particular ï¿½ conduct the reviews and take the decisions referred to in paragraphs 4.3 and 4.
ï¿½ if there is a material change in the circumstances or the environment in which the charter has to be implemented, it will consider whether the targets and implementation strategies are still appropriate, and if not how they should be varied.
ï¿½ There will be equality between industry association representatives and all others on the Charter Council. The Charter Council must fairly reflect the interests of all the financial institutions.
ï¿½ Decisions of the Charter Council will be taken on a consensual basis. If, on any issue, the Charter Council is unable to achieve consensus, there will be a dispute-breaking mechanism in the Charter Council either by some agreed mechanism within the Charter Council, or by reference to arbitration or mediation.
ï¿½ engage with Government, public sector finance institutions, the BEE Advisory Council and other regulatory agencies to promote the implementation of the charter.
There will be a right to take any decision of the executive on review or appeal to the Charter Council.
The Charter Council will ensure that the executive is adequately resourced, capacitated and supported to fulfil its mandate as envisaged in the charter. A business plan will be commissioned which will, amongst other things, outline a budget for the work of the Charter Council. Financial Institutions will be required to fund the Charter Council in accordance with the budget.
Each financial institution will report annually to the Charter Council on its progress in implementing the provisions of this charter.
ï¿½ The financial institution opts in.
The first annual report will be for the year ending 31 December 2004, and must be submitted to by 31 March 2005.
Thereafter each financial institution will report as at 31 December each year thereafter, and submit the report by 31 March of the following year.
All financial institutions will publish, for general information, an annual BEE report. The BEE report will include the audited scorecard and an account of progress in discharging unquantified responsibilities as contained in paragraph 15.2.6.
Besides the general reviews outlined in 4.3 and 4.4, the following specific areas have been identified for review, and where necessary, the setting of targets: ï¿½ all targets for black women representation on the basis of the reports for 2006; ï¿½ 5.5 on employment equity targets for 2014 and 11 at board and executive management levels; ï¿½ 5.7 on learnerships; ï¿½ 6.4 on procurement; ï¿½ 8.
ï¿½ 14 on regulations.
Progress on the following unquantified responsibilities (as set out in the charter) should be reported on annually by financial institutions and submitted together with the scorecard, to the Charter Council. ï¿½ 4.10 ï¿½ 5.
16.1 The scorecard set out in Annexure A forms an integral part of the financial sector charter and provides an objective and broad-based set of measurement indicators for purposes of measuring BEE progress in and between financial institutions, in different sub sectors and in the financial sector as a whole.
ï¿½ the private sector in the awarding of contracts to financial institutions.
16.2 Financial institutions, which are exempted from any paragraph in the charter in terms of paragraph 4 will not be required to complete the specific section in the scorecard, subject to paragraph 4. Under such circumstances, the points allocated to the paragraph from which the financial institution is exempted will be cancelled, and it will score out of the remaining points and calculate its score as a percentag e of that reduced remainder.
<fn>GOV-ZA.2003101702En.2012-02-10.en.txt</fn>
1.1 Each financial institution will be given a rating each year; after the Charter Council has approved the audited scorecard of the institution.
Tendering to Govt. Financial inst itutions procuring from Pvt.
Score % Rating Weighting to be given by Govt.
2.1 Unless otherwise specifically provided, points will be scored from the level of the threshold for each target and in linear progression from that level to the level of the target.
The 2014 thresholds will be set as part of the process of the 2009 review outlined in 4.3 of the charter.
The 2004 equivalent of the rating bands in 2008 (reflected in paragraph 1.2 above) will be established before the effective date. The rating bands for each of the intervening years will be a linear progression from the 2004 ratings to the 2008 ratings.
For the purposes of paragraph 10.2 of the charter, if within 3 months of a reporting date an institution ceases to comply with the provisions of paragraph 11.1 for reasons beyond its control, but re-establishes compliance by the time the report is due, it will be deemed to have complied at the reporting date.
Section 1 - (Paragraph 5 of the charter) Human Resource Development 20 1.
Junior management black people as a % of junior management Min 40% -50% 4 - (2.5 @ 40%, 0.75 @ 4 5% 0.
black women as a % of junior management Min 15% 33%of black target 1 1.
Skills spend % of payroll spent p.a. on skills development of black employees 1.
Learnership program learnerships as % of total staff 4.
Enterprise Development: paragraphs 7.1.1 & 7.1.
Section 3 - (Paragraph 8 of the charter) Access to Financial Services 18 3.1 Transactions savings products and services Effective access for LSM 1-5 (%) 80% 70% 4 3.2 Bank savings products and services Effective access for LSM 1-5 (%) 80% 70% 4 3.3 Life assurance products and services Effective access for LSM 1-5 (%) tbf 12 3.
3.5 Short term risk insurance products Effective access for LSM 1-5 (%) 6% 0 4 3.
Origination of black SME loans (R) tbf 10% of target 2 3.7 Consumer education % of post tax operating profits spend p.a. Min 0.
Section 5 - (Paragraphs 10 & 11 of Charter) Ownership & Control 22 5.
Direct ownership Max of 4 Bonus points scored: 0.5 when direct ownership at 13.75%, 0.5 at 17.5%, 1.5 at 21.25% and 1.5 at 25% Listed companies: standard valuation as % of market capitalisation Non-listed companies: standard valuation Min 10% by 2010 - 2.
Direct or indirect ownership in excess of 10% Ditto 15% by 2010 - 0.5 points at: 13.75%, 17.5%, 21.
Corporate Social Investment % of post tax operating profit directed p.a. to CSI 0.
<fn>GOV-ZA.2003102001En.2012-02-10.en.txt</fn>
The National Treasury and the South African Reserve Bank have agreed on a strategy for dealing with the outstanding balance on the GFECRA.
Having managed to further reduce external vulnerability by bringing down the Net Open Foreign Currency Position ("NOFP") to a positive balance in May 2003, the authorities are now looking to address the outstanding balance on the GFECRA. This balance was mainly built up in recent years, in the conduct of monetary policy as part of dealing with losses on the oversold forward book of the South African Reserve Bank.
The National Treasury and the South African Reserve Bank have agreed that from time to time the South African Reserve Bank will be able to restructure its holdings of interest bearing Government bonds, held in its monetary policy portfolio, by way of switching some of these bonds for other Government bonds and/or through the outright sale of certain bonds. Any potential outright sale of Government bonds by the South African Reserve Bank will take due cognisance of any potential impact such outright sales may have on the market.
Any transactions to be conducted in this regard will be effected with the assistance of primary dealers in Government bonds.
<fn>GOV-ZA.2003103101En.2012-02-10.en.txt</fn>
Enquiries: Ismail Momoniat Tel: 012-315 5165 Cell: 083 378 0333 e-mail: ismail.momoniat@treasury.gov.
The second quarter figures indicate that provincial year on year spending increased sharply between 2002/03 and 2003/04, confirming that spending capacity of provinces is improving. Provinces spent R77,9 billion, or 47,2 per cent of their total annual budget of R165,2 billion, which represents an increase of R10,2 billion over the same period in 2002/03.
Provinces are performing well on their capital spending compared to last year. Capital spending is recorded at R6,3 billion or 35,1 per cent of the capital budget of R17,9 billion, an increase of R1,1 billion or 21,2 per cent over the same period in 2002/03. The bulk of the remaining R11,6 billion on capital may also be committed on projects. This analysis is based on the sta tement of revenue and expenditure published by the National Treasury on 30 October 2003, and is available on the treasury website www.treasury.gov.za.
National government transferred R71,2 billion of the equitable share grant, and R7,7 billion in conditional grants, to provinces to date for the 2003/04 financial year.
Social development expenditure increased sharply by R4,5 billion from R15,5 billion in 2002/03 to R20 billion in 2003/04 which could mainly be attributed to the extension of the Child Support Grant and higher growth in the Disability Grant.
Health expenditure of R16,9 billion is R1,3 billion higher compared to the same period in 2002/03 financial year.
Strong growth in education capital spending. Present expenditure of R1 billion is R394 million higher than the same period last year.
Provincial own revenue is R2,9 billion or 56,9 per cent of the R5,1 billion own revenue annual budget, perhaps indicating that the budgeted amount is somewhat conservative.
This report on the implementation of the 2003/04 provincial budgets after six months of the financial year, is based on their budgets as published in 2003/04 Provincial Budget Statements.
Table 1 indicates actual expenditure against budget and the actual expenditure as a percentage of the budget.
Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape 25 442 461 2 490 074 27 932 535 10 293 114 762 452 11 055 566 22 007 693 5 021 963 27 029 656 28 953 741 3 954 548 32 908 289 19 599 444 1 773 406 21 372 850 10 311 332 1 050 425 11 361 757 3 518 900 371 903 3 890 803 12 181 036 1 021 668 13 202 704 14 986 913 1 426 899 16 413 812 11 935 975 1 541 261 13 477 236 5 064 950 197 542 5 262 492 11 248 617 1 391 082 12 639 698 14 405 044 1 203 842 15 608 886 9 154 907 680 096 9 835 004 5 028 391 442 233 5 470 624 1 791 546 122 280 1 913 826 5 926 407 245 671 6 172 078 7 114 023 453 052 7 567 075 48.2% 47.6% 46.8% 47.4% 46.0% 48.1% 49.2% 46.7% 46.
Total 147 294 634 17 873 338 165 167 972 71 669 859 6 277 060 77 946 919 47.
ï¿½ Provinces spent R77,9 billion, or 47,2 per cent of their total budget of R165,2 billion. This is R10,2 billion more than the expenditure at the same time last year.
ï¿½ Personnel expenditure of R39 billion (48,1 per cent of the personnel budget) also represents 50 per cent of total provincial spending. This component of expenditure is likely to rise fa ster in the second half of the financial year due to salary adjustments, which took effect in July 2003.
ï¿½ Provinces have budgeted R133,3 billion for social services, which include spending on education, health and social development1. Spending on social services is at R64,8 billion or 48,6 per cent of the budget.
ï¿½ School Education : Education expenditure is recorded at R27,9 billion or 47,5 per cent of the budget of R58,8 billion and is R2,5 billion higher compared to the same period of the 2002/03 financial year. With education budget being largely personnel driven, expenditure on personnel is R24,1 billion or 48,9 per cent of the R49,3 billion personnel budget.
ï¿½ Health: Health expenditure to date is at R16,9 billion or 46 per cent of the budget of R36,7 billion. Health spending is R1,3 billion (8,2 per cent) higher compared to the first half of the 2002/03 financial year.
ï¿½ Social Development: Provinces spent R20 billion or 53 per cent of the budget of R37,8 billion representing an increase of R4,5 billion over the same period in 2002/03. This is mainly the result of acceleration in the take-up of the Child Support and Disability Grants as well as payments of Social Grant Arrears. The trend suggests that provincial social development budgets will come under pressure, and may have to be adjusted upwards in the coming months.
Education Health Social Development 58 796 667 27 914 254 36 713 734 16 889 564 37 797 946 20 036 194 47.5% 46.0% 53.
Total 133 308 347 64 840 012 48.
ï¿½ Capital expenditure to date is R6,3 billion or 35,1 per cent of the capital budget. This is a significant improvement, as provinces have spent R1,1 billion more, an increase of 21,2 per cent compared to the same period last year.
ï¿½ Typically, capital expenditure will most likely be spent in the last two months of the financial year.
ï¿½ The province with the highest proportion of capital spending is the Eastern Cape, which spent almost 62 per cent of its capital budget. It should be noted that the Housing budget is incorrectly classified as current expenditure and will be adjusted in their provincial 2003 Adjustments Estimate.
ï¿½ The lowest level of capital spending is by North West (24 per cent), Free State (25,9 per cent) and Gauteng (27,7 per cent). In absolute terms, the highest capital expenditure is in Eastern Cape at R1,5 billion, Gauteng at R1,4 billion, followed by KwaZulu-Natal at R1,2 billion.
ï¿½ Capital spending has increased sharply in all provinces except in Free State, North West and the Western Cape compared to the same period in 2002/03.
Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape 2 490 074 1 541 261 762 452 197 542 5 021 963 1 391 082 3 954 548 1 203 842 1 773 406 680 096 1 050 425 442 233 371 903 122 280 1 021 668 245 671 1 426 899 453 052 61.9% 25.9% 27.7% 30.4% 38.3% 42.1% 32.9% 24.0% 31.
Total 17 873 338 6 277 060 35.
The biggest provincial capital budgets are for Public Works, Roads and Transport. These departments are performing the best, having spent R1,9 billion or 39,7 per cent of the R4,7 billion 2003/04 annual budget. The spending compares well with the spending of R1,8 billion during the same period in 2002/03. Between provinces, the lowest spending is the Northern Cape with only 28,8 per cent of their budget spent, whilst the highest is recorded by the North West at 60,2 per cent.
Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape 884 177 444 043 192 958 87 482 706 946 238 253 1 096 323 362 475 528 743 189 413 273 706 127 208 97 483 28 031 204 256 122 941 726 578 269 336 50.2% 45.3% 33.7% 33.1% 35.8% 46.5% 28.8% 60.2% 37.
Total 4 711 170 1 869 182 39.
Education departments have spent 33,4 per cent or R1 billion of their capital budget. This level of spending exceeds the half-year spending of R630 million (62,6 per cent) in 2002/03. Spending in KwaZulu -Natal (15,1 per cent) and Northern Cape (26 per cent) are relatively low, whilst Free State (50,4 per cent) and Mpumalanga (46,2 per cent) have seen a good improvement in spending. In absolute terms, Gauteng has a substantial increase in spending (R228,2 million) as compared to the same period in 2002/03.
Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape 437 107 193 425 120 359 60 691 777 273 323 253 1 015 626 153 608 302 133 118 847 206 006 95 073 26 036 6 778 145 002 58 552 37 471 13 864 44.3% 50.4% 41.6% 15.1% 39.3% 46.2% 26.0% 40.4% 37.
Total 3 067 013 1 024 091 33.
Health departments have spent 29,7 per cent or R835 million of their capital budget. This level of spending is similar to the level experienced during 2002/03. Between provinces, the lowest share of spending is in Gauteng (8,2 per cent), Northern Cape (13,3 per cent), North West (15,6 per cent) and Western Cape (18,3 per cent). The highest spending is recorded by Eastern Cape with R239,8 million or 47,9 per cent, a significant increase compared to the same period in 2002/03.
Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape 500 399 239 819 43 749 12 231 624 109 50 872 815 748 314 560 285 227 123 082 170 724 36 181 79 523 10 557 187 311 29 149 99 646 18 241 47.9% 28.0% 8.2% 38.6% 43.2% 21.2% 13.3% 15.6% 18.
Total 2 806 436 834 692 29.
Table 7 shows capital expenditure in Housing at R1,3 billion or 34,1 per cent of the capital budget of R3,9 billion. The level of spending has slowed down relatively and has also fallen slightly by R134 million compared to the same period last year.
Out of an average of 8 provinces, excluding Eastern Cape where the budget is classified incorrectly, provinces spent R 1 billion or 27,1 per cent of the budget. The incorrectly classified budget for Eastern Cape will be adjusted in their 2003 Adjustments Estimate. Given the audited underspending of R821,6 million last year, it appears that a similar trend will be repeated this year.
Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape 17 605 281 556 355 978 15 219 1 048 510 261 940 804 405 325 164 452 397 140 055 313 412 159 351 137 858 70 048 377 620 2 268 438 182 91 613 -4.3% 25.0% 40.4% 31.0% 50.8% 50.8% 0.6% 20.
Total 3 945 967 1 347 215 34.
ï¿½ Provincial own revenue is recorded at R2,9 billion or 56,9 per cent of the 2003/04 budget compared to R2,4 billion for the same period last year.
ï¿½ National government transferred R71,2 billion of the equitable share grant, and R7,7 billion in conditional grants, to provinces to date.
ï¿½ In total, including provincial own revenue, provincial revenue at the end of the second quarter is R81,8 billion or 18,8 per cent higher than in 2002/03.
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It is most encouraging to see so many people from the investment community here today. Encouraging because it demonstrates your faith in the dynamic leadership of the Gauteng Provincial Government and its efforts to turn the third largest economy on the African continent into a value added growth economy. Through Blue IQ Gauteng will invest in economic infrastructure through mega projects in tourism, smart industries and high value added manufacturing, to create a truly smart province. It is a dynamic catalyst for funding and promoting strategic investment in Gauteng. Blue IQ works in partnership with business, government departments, parastatals and other organisations to achieve its objectives.
I will pause briefly on our macro-economic environment.
The prudent fiscal policy of the last many years has resulted in lower debt levels and lower debt service charges. This has reduced the public sector borrowing requirement, further reducing pressure on interest rates, and has released significant funds for non-interest expenditure. Strong revenue growth has helped government reduce the deficit on the national budget, while at the same time allowing for a reduction in tax rates. The ongoing restructuring of state owned enterprises has released resources to be spent on other government priorities, and also assists in lowering government debt. The robust fiscal policy choices have contributed towards achieving a sound and sustainable macro-economic environment. Equally, the reduction in inflation sets the ideal scene for infrastructure investment to be accelerated.
The resources now becoming available to the state will be spent on raising the quality and quantity of services provided. In this respect, government is prioritising expenditure on capital formation in the public sector. Emphasis will be placed over the next few years on well-structured major public work programmes, which create skills, reduce unemployment and contribute to the infrastructure capability of the country. This will raise the levels of sustainable long-term growth and enhance the state's capacity to deliver services.
Blue IQ's mandate is firmly placed in this strategy. That is, to develop worldclass infrastructure that provides comparative and competitive advantages for Gauteng's investors. It has to implement marketing and investment strategies to attract local and foreign investors for targeted sectors. It is result driven and focuses on fast tracked delivery; Blue IQ's modus operandi is to create publicprivate partnerships (PPPs) to drive the selected projects. The task is enormous, however the incisive thinking that has contributed to building the Blue IQ programme bodes promise for its' success.
Blue IQ Holdings Limited has been established under an enabling legislation as the holding company for all eleven projects on the list so far. With Gauteng taking shares in the company, the company is deemed a provincial public entity as defined by the Public Finance Management Act ("PFMA") and falls within the ambit of the PFMA. This means that the provincial public entity has to comply with all of the governance issues and stipulations of the PFMA. The holding company and its subsidiaries will be listed under Schedule 3 of the PFMA as provincial public entities.
The Public-Private Partnership Unit established in the National Treasury in May 2000, presently have over 50 registered projects that are in various stages of feasibility, procurement and negotiation. These span the sectors of government accommodation; fleet management; information technology; hospital co-location and airport concessioning. There are already 10 signed deals in the portfolio of the Unit in the fields of health, IT, government accommodation and fleet management.
We have learnt a great deal and I am sure that you have shared in this learning curve both before and since our Strategic Framework for delivering Public Private Partnerships was published three years ago. That learning is in itself a partnership of non-trivial dimensions, and I would like to pay tribute to the unsung efforts of all those who have joined in this process, but those whose efforts have been charged by the hour and those whose motivation has been more qualitatively calibrated.
Regulation 16 under the PFMA that establishes the legal framework for PPP's has three critical tenets by which all projects are tested, affordability, value for money and risk transfer. These hurdles in the design of a project have to be met. We cannot allow projects to be concluded that are unaffordable, we will not go down that route, equally, the risk transfer that government seeks must be optimised to promote value for money. These principles are behind the deals that have been concluded to date. All indications are that, in respect of the earlier projects that have been concluded, they are moving in the right direction to deliver what has been promised by the private sector. Because PPP's are long term relationships the idea of a "quick fix" will not serve as an evaluation tool. The greatest achievement of these projects is that they lever private sector capital, where before none was available to deliver public services in an efficient manner.
PPP's also offer an opportunity for black empowerment in a meaningful way. The interrogation of their role as owners, managers and operators of business is properly investigated and contracted for. The long-term natures of the contracts allow them to develop proper skills for future opportunities. These are some of the real benefits of the programmes that we in government seek and are seeing through the policy of PPP's.
Through the years, we have seen too many projects wander through the maze of legal uncertainty because of laws that conflict, or committed participants in a project, to a dual at dawn. Between the PFMA and the law that establishes Blue IQ, these legal uncertainties have been harmonized to oil the wheels of projects, rather than contribute to a jurisprudential triumph for those practicing the second oldest profession.
The fact that Blue IQ needs to take the discipline of the PFMA into account, when deciding and concluding projects means that projects will be thought through. This must contribute to the reduction of the perceived risks, and associated premium required by private investors.
Blue IQ projects that are undertaken, as Public-Private Partnerships in terms of the PFMA will also enjoy the robust investigation required by the rules of the PFMA. The risk in these projects will be carefully identified, isolated and allocated. This will place the private and public sector on a firm footing to conclude sustainable projects. The mystical reports of consultants are now forced to offer up dependable advice.
Of course, this scenario begins to re-shape the role of a government department that enters into a PPP for aspects of its public mandate for service delivery. Our public sector skills profile therefore needs to evolve into a new kind of ''partnership-fit'' being - one that is able to engage with private consortia with confidence, integrity and intelligence, always alert to the needs of the people being served. This is surely a critical challenge for the years ahead.
Two such Blue IQ projects; Gautrain Rapid Rail Link and the Cradle of Humankind World Heritage Site are already registered as Public Private Partnerships under the PFMA, and are at fairly advanced stages.
If all went well at the signing ceremony yesterday of the Cradle of Humankind project, the poor sexless Ples, will at least have a new home soon. Bids have also been received for the development of the Rapid Rail Link, and the race to name the express train, I guess, will soon be underway as well.
These various activities through Public Private Partnerships that occur either under the PFMA or Blue IQ, or those that take place in other contexts must have one golden thread. That of being able to claim that these partnerships have resulted in a relationship between government and the private sector that is based on trust. A trust that each can rely on the other to assist the firm but gradual alleviation of poverty and strife in our society.
At the broadest level the business of Blue IQ is to facilitate the provision of strategic economic infrastructure so as to change the trajectory of the Gauteng economy over time, the so called economists' multiplier effect. In terms of its day-to-day business it is a project design company. It does this by designing and structuring the projects to include necessary stakeholders. Thereafter Blue IQ is a contract negotiating and managing organisation i.e. it oversees that projects are being delivered according to the project management agreement or business plan of the company.
This sound approach by the Blue IQ in my view certainly warrants a second glance from experienced investors seeking new opportunities to balance portfolio risks.
The projects of Blue IQ are a means to an end and not an end in themselves i.e. It fits into an overall strategic approach of what the economy needs. This initiative has political support at the highest level, evidenced by the passing of a focussed law to carry out its work. Over the recent past and those of you braver than I, who ran to mark the opening of the "Madiba Bridge" will realise that Blue IQ interacts with the private sector in a substantive way to deliver a project.
You in the private sector are an indivisible part of the activities of Blue IQ. Together you form links of a chain toward economic growth. The legislative and institutional framework is being forged to encourage your success. This success lies in the hard road of relationship building and today I offer a gentle nudge in that direction. I invite the investor community to share the vision of government through these various opportunities and benefit in its' rewards.
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Thank you for honouring me with the invitation to address this milestone conference, the fiftieth anniversary of SASA.
This place called Caesar's. I am reminded of the of the old Latin maxim - Africa semper aliguid novi -"out of Africa, theres always something new". Well, what is new out of Africa today is that statisticians choose to gather at a casino.
This fact presents me with a philosophical problem. Is this the thesis or the antithesis of the behaviour of statisticians. If it is the thesis, then we accept that the throw of dice or the spin of a one-armed-bandit are all determined by statistical probability, Indeed, then, all of statistics is a gamble and understanding life and numbers has just become much easier. If, on the other hand, this is the antithesis, then the statisticians here who may, in the circumstances, demonstrate a rush of blood to the head, hot flashes or "hoopla" display -all of the characteristics that one would not want in statisticians.
Whilst we ponder that, I have a confession to make. I too am a gambler.
I have a wonderful pair of brass dice. Instead of numbers, my dice have words. On 2 sides the word NO appear, on a third side MAYBE, a fourth side has IF, on the fifth UNLIKELY and the sixth side has the word YES.
These dice are the tools of Finance Ministers. We roll them to determine how to approach the request from colleagues for more money. Of course NO has a much better chance. This method has never let me down. I call it "derived evidence-based decisions-making". Each year, at around this time, I roll the dice and take the decisions. Each year they add back to the predetermined fiscal framework. We then set about describing these decisions in words and numbers thus we compile the 1100 or so pages we release on Budget Day.
Returning to SASA I would suggest that of its 50 years existence, the past decade has been the most challenging and the most rewarding because it is the first period that SASA was freed from the strictures of apartheid. For the first time therefore, SASA could draw on the skills of much wider cross-section of South Africans. This fact is borne out by the representation here.
Let me share with you some of my observations about challenges that confront SASA. I speak as a non-statistician, but as one depends on timely and accurate statisticians for evidence-based decision-making. I speak as the Minister responsible for statistics, but who is prohibited by statute from being directly involved in the work of STATS SA. I have a filter in the form of the Statistics Council Chaired by Dr Hillary Southall to intercede between STATS SA and I on the outputs of STATS SA.
The first challenge I would like to share with you is embedded in South Africa's past. Apartheid was a lie. It was a lie, which masqueraded as truth, because it was apparently supported by numbers. Blacks were not counted, they were not even regarded as South Africans. Notwithstanding, there were so-called statistical outputs derived by warped fertility and morbidity models, with the occasional aerial photographs to support the thesis. Today, there exists amongst ordinary people an unhealthy disregard for official statistics. Perhaps people remain of the view that the numbers will be made up anyway. The first challenge, which confronts SASA, is the restoration of trust in official statistics. Without the vital element of trust, no official statisticswill be reliable.
The second challenge is that there are too few South Africans who love statistics or have a passion for it. As with first challenge, this too is embedded in South Africa's apartheid history. On 17 September 1953, the Minister of Native Affairs, H F Verwoerd, addressed Parliament and said, "What is the use of teaching the Bantu child mathematics when it cannot use it in practice." Thus Bantu Education was introduced in 1954, consciously de-emphasising the teaching of Mathematics and Science. A generation of maths students was destroyed and thereafter, successive generations of maths teachers. To this day, the teaching of maths and science, where it occurs in the majority of schools is too frequently mediocre. Ten years into democracy, this residue of apartheid decision lives on. It must be reversed not merely at universities or in the work place, but at primary and pre-schools. SASA has a role to play. We have a model teaching approach in ICOTS which must be built out as a conscious effort to interrupt the cycle of the poverty of numeracy.
The third challenge is the absence of sufficient discourse on methodology and outcomes. At a distance I observe how easily positions are polarised and entrenched. I have seen this with data sets like causes of death, road accidents, crime and HIV and AIDS. Statisticians become the analysts. Results trump method. The value of statistics is lost. I truly hope that SASA, and this conference, in particular, will deal with this illusion of certainly which parades as professional confidence.
The fourth challenge is to try and pace ourselves relative to our capacity. I have, at close quarters, observed the struggles of my counterparts on the Africa continent as they prepare poverty Reduction Strategy Papers. PRSP's. The PRSP's must be consulted upon and have a strong statistical foundation. In the absence of the latter, these countries cannot easily access facilities such as the debt relief for Highly Indebted Poor Countries (HIPC). South Africa, or parts of it, are highly sophisticated. We aren't deemed either highly indebted or poor. We are thus required to play in a different league. We have to comply with the Standardised Data Dissemination Standard (SDDS). The requirements are onerous. Yet, we must recognise that the South Africa of the majority is indeed deeply poor. Similarly, we lack a sufficient skills endowment to meet all of the requirements. SASA must rise to the challenge of deepening the skills base whilst engaging in a process to determine how much we can undertake reasonably.
The fourth challenge I wish to draw attention to, is what gets measured - and who determines that. I observed an interesting debate in the USA recently on the war in Iraq. What do you measure as the cost of war?
 The cost of the bombs dropped in April and the troops deployed.
 The additional $87 billion approved by Congress last week for reconstruction efforts.
 The number of body bags returned (measured alone) or with the number of injured (both physical and mentally) troops returning?
What gets measured And, who determines that?
I recognise that the work of statisticians is incredibly hard. I recognise too that the work of statisticians too frequently tends to be numbers driven - many statisticians appear happy to live in a rarified environment with their computers and models and then tend to see conversation with other people as a horrible intrusion. But, our best endeavours are not about numbers, they are about people and the quality of the lives of even the poorest. This is the measure of civilisation.
Statistics can make an enomous difference to the quality of democracy. Innumeracy is the enemy of democracy. People familiar with numbers and facts can measure progress in their own lives and are empowered to speak about what remains to be done.
SASA, through its work, can thus significantly contribute to the quality of democracy. It can do this by broadening the number of statisticians, and generating the love for numbers and a broad statistical literacy in society. This is a huge but highly rewarding task. It is the kind of task that makes everyday worth getting out of bed for.
In conclusion, I am reminded that Ian Hacking argues Quiet Statisticians have changed our world, not by discovering new facts or technical developments, but by changing the ways that we reason, experiment and for our opinions.
I invite SASA to go forward in the same spirit.
I have pleasure in opening the 50th Anniversary Conference of SASA and I wish you the very best - your discussions and decisions.
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As a Minister of Finance, I often end up talking about the 'big picture' in my speeches. I often talk about the fact that we have delivered houses to people, water and sanitation, about the fact that we have increased social grants from 3 million to 7 million people. I often end up saying 'yes I know there are people without homes, but look how many homes we've delivered, we're making progress' I often say, yes I know about people who have absolutely no income, but look how many grants we're now issuing. I often make reference to the fact that despite the fact that some people have lost jobs, the economy has created about 2 million additional jobs. I often make speeches about how globalisation provides opportunities for growth in certain sectors, knowing full well that other sectors will lose out. I often talk about the big picture.
However, in this forum today, that type of speech is not going to work. There are large constituencies in the Western Cape who are in the losing group on globalisation. There are important groups of poor people here in the Western Cape who have lost jobs or are likely to lose their jobs in the near future as a result of these global factors. Today, I am alive to the reality of poor middle aged women losing their jobs in the textile sector.
This is a reality for many of the people I am talking to today. It is this reality that we cannot sweep under the carpets, it is a reality that we must face. But it is also a reality that we MUST find solution to.
We can only find solutions to these problems if Government, business, labour and community organizations come together and face up to a difficult set of issues confronting us.
The objective of a discussion between constituencies cannot be premised on the search for a culprit. There are factors which truly are outside that over which we have control.
A clothing manufacturer gets an order for a few thousand jackets from a large US clothing retailer. At the time of negotiating the order, the rand trades at ten to the dollar. By the time the jackets are delivered, the rand is at seven to the dollar, the company had made huge losses and workers are retrenched. This is the hard edge of globalisation. This is the coalface in the battle to build an economy that can to create jobs, and the forty year old, single mother of three who has just been retrenched is its victim. It is this human story that that is told many times over, not just in the Western Cape, but on rural KwaZulu-Natal sugar plantations too. But similarly, it is a matter discussed by workers and employers alike in Sao Paolo, Brazil; in Manila, in the Philippines; in Shanghai, China; and in Chicago, Illinois, in the USA.
We are small, open economy trying to survive in a turbulent and often very unfair world. While we talk about how unfair the world is, about how Northern markets are closed to many of our goods, about the world's rich subsidises their cotton producers at the expense of the poor. But the human face of these large, seemingly intractable problems, is the single mother of three who has just been retrenched. If we cannot find a solution for her, then we are not worthy of being leaders in the economy. Whether we gather as leaders of labour, of the community, of business or of government.
The solutions are not easy, and they are certainly not short term. The Growth and Development Summit that took place in June this year in Johannesburg placed firmly as its objective, the halving of our unemployment rate by 2014.
The Summit Agreement makes two assumptions. Firstly, it is possible, with the right approaches, to halve the unemployment rate by 2014. Secondly, that we will not be able to provide jobs for all, today. This second assumption is a sobering reminder of the size of the problem we face and the historical legacy that the Apartheid economy and education system has left us with.
halve the unemployment rate by 2014, if the right approaches are taken What are 'the right approaches' What is our plan to achieve this objective. Our approach has to balance short-term poverty alleviation and job creation programmes with long-term investments is building human capital and infrastructure. Our approach has been that Government , business, unions and community organizations have to work together to achieve this objective. It will not happen, if Government works on its own on this matter, nor will it happen if we gather only to attempt to apportion blame?
I repeat, these objectives will only be met if we all work together, and, importantly if we pull in the same direction.
There is an Afrikaans word, for which there is no direct English translation, that best captures the spirit of this dimension of the solution to our unemployment problem. The word is 'toenadering'. There is a need for toenadering in fighting this fight. It is our shared responsibility to the forty year old, single mother of three who has just been retrenched.
Before we run off to produce statements which finger globalisation as the root of all problems, it is necessary that we recognize that globalisation is one of the fundamental issues that we need toenadering on. President Mbeki, in an address to the ANC National General Council in July 2000, in reference to globalisation said, "It is this process that we have to understand, with all its features of the rapid and continuous integration of the world economy, the fundamental impact of information technology on the economy and society, the growth of the global system of governance and the reduction of state sovereignty. We must understand these issues because they are critical to our success in ensuring the reconstruction and development of our economy so that it meets the needs of our people at the same time as it gets further integrated into the world economy."
I want to focus now on just one of the items I listed earlier, namely Small Business Development. Let me be honest: I think government has been schizophrenic in promoting small business. We have laws and regulations that are often contradictory. I firmly believe the provincial and local government, together, can do more that we have been able to achieve as national government. Local governments often control the zoning laws, facilitate electricity and water connection, determine rates and taxes, develop land use plans and control urban road and transport networks. Provinces play the major role in developing the technical colleges, fostering key skills for young people to run their own small businesses, own significant amounts of land that can be released for development, have large procurement budgets to use as leverage for the promotion of small business and control that main arterial road network in the province, a critical asset for an economy to thrive. We must make small business development a bigger part of our policy armory to tackle unemployment and poverty. In supporting small business, big business and community organizations have a crucial role to play. They can be supportive, or apathetic.
In conclusion, I ask you to get hold of a copy of the speech by the President in the National Council of Provinces on Tuesday 11 November. In talking about the expanded public works programme, he mentions detailed research on a number of well-run, successful projects, like Zibambele in Kwazulu-Natal and Gundo Lashu, in Limpopo Province.
We in the Western Cape must take these lessons and replicate them in our own local areas. The President spoke about rural families maintaining roads and earning R334 per month for eight days work.
Is this not something that is possible in parts of the Western Cape In Gauteng, the Provincial government hires young, unemployed people for three months at a time to repair schools. This entails clearing the veld, fixing windows, repairing pipes and fittings, painting doors and even paving parking areas. These jobs may be short term, but they provide an opportunity for income, for skills to be developed and for people to get their foot in the door of our labour market. Is this not something worth pursuing in the Western Cape?
We can do these things. It requires a bit of money. But more importantly, it requires creativity, energy and commitment. It demands a different level of mobilisation of communities and workers, it requires the unequivocal support of the leadership of labour, of business, of communities and of government - equally committed and closely collaborating.
Let us not forget our collective responsibility to the 40 year old, single mother who has just been retrenched from a clothing factory.
We need an agreement that will give renewed and continuous hope to such a mother. We need to ensure that all sectors participate. We need an agreement that recognizes that each sector will have to give a little in the interest of the general accord. This gathering today, must start from the premise that our collective mission starts from the position that the plight of that single mother matters in equal measure to each of us - we no longer need to preach to each other, we now need the detail to ensure that she is the central beneficiary of our agreements.
These discussions are indeed a part of what President Mbeki asked of us when he implored us to understand globalisation so that we can, in a determined way, deliver on our commitments to reconstruction and development. We have a sound set of agreements from the Growth and Development Summit in June. They must remain. Yet, as decision-makers all, we must appreciate that there will be nuances in the application of the agreements. These nuances are the product of the differences between provinces and between cities. This city has always been a trading port - its influences have always been as varied as the boats that dock and as the goods that are traded.
Let us pull together, and in the same direction.
More importantly, let us act together.
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It is indeed a privilege for the government of South Africa to host this forum, where we have assembled some key international role players with regard to investment and development.
We are enjoined in a shared responsibility to ensure that the respective resources of South Africa, Africa and the rest of the developing world are deployed in ensuring a better outcome, that is, development for our fellow citizens. Acceleration of growth and development requires rapid expansion of investment spending.
In his book called the Mystery of Capital, Hernando de Soto1 reminds us that growth in developing countries depends on bringing to life dead capital.
1 De Soto, 2000. The Mystery of Capital. Black Swan, London.
capital that is embodied in the assets of the poor, developing countries must also bring to life their human capital.
South Africa is the perfect choice as the host of such a conference. In our inequities, we are a microcosm of the global disparities in investment and development.
Sophisticated businessmen develop long-term strategies only a stone's throw away from the woman developing a daily survival strategy for herself and her children.
Last week, I presented our mini-budget which precedes the formal main budget in February. Investment in our people, our infrastructure, our private sector to achieve more rapid growth and rising incomes lies at the heart of our policies.
Despite stagnant global demand, total investment in South Africa expanded by over 8 per cent in the first half of the year, continuing the momentum from the 9% in the second half of last year. Private investment expanded by 7 per cent in the first half of this year.
We have achieved 15 quarters of uninterrupted growth in investment spending and 18 quarters of uninterrupted growth in gross domestic product.
Gradual liberalisation of the financial account of the balance of payments has enabled South Africans to diversify their savings and earnings, at the same time opening access to a global pool of capital to fund investment in the domestic economy. Net private capital flows are expected to be US$110 billion in 2003, the highest level since the mid 1990s. We are well-placed to capture a substantial share of this to channel into economic growth and development.
Nonetheless, we still have a number of challenges to overcome in increasing the pace of investment.
Sustained growth, job creation and poverty alleviation demands that we invest more. The investment rate must rise from the current levels of around 16 per cent of GDP to propel us into more rapid growth, development and poverty reduction.
We cannot say that we do not have savings to pursue investment. We have access to the global savings pool. We can invest more. Our credit rating puts us in good stead to attract sufficient foreign savings to meet our investment requirements. But we also know that the vast majority of our saving for investment must come from our own citizens and corporations. Our recently announced Financial Sector Charter will contribute to a sustainable increase in access to financial services to our large "unbanked" population - thereby providing regulated and less expensive vehicles for saving to many more people. Bringing more saving into the formal financial markets, in turn, will increase the pool for allocation to productive investments, greater employment and growth.
The Growth and Development Summit and the recently released financial sector charter demonstrate a long-term commitment, a shared vision from the South African government and its social partners to realise our aims.
In the spirit of the Growth and Development Summit, the Medium Term Budget Policy Statement released last week sets out our agenda for fostering higher levels of investment, faster growth and lower unemployment. Our agenda includes the improvement of the regulatory environment and the minimisation of constraints to small business development. We also intend to enhance public infrastructure capacity and reinforce investment in support of employment creation.
Our ambitions, as reflected in this conference, are not limited however to South Africa. We recognize that South Africa's future economic development is linked inextricably to that of the rest of our region and Africa as a whole. Growth in the region, growth in Africa, growth in the rest of the developing world will become increasingly important to South Africa - market development and creation, public institution building and infrastructure, public expenditure management, more effective donor aid, increased debt relief through HIPC - all feature prominently in South Africa's national interest.
Increased investment for development is the shared goal of both African governments and the international community. This shared objective is reflected in the New Partnership for Africa's Development (NEPAD), the Tokyo Agenda for Action in TICAD (Tokyo International Conference on African Development) and the G8 African Action Plan.
The promotion of investment is crucial to achieving sustainable economic growth, poverty reduction and long-term development in Africa. The Tokyo International Conference on Investment to Africa concluded that sustainable development in Africa is only possible if domestic resources, foreign aid, trade and investment are used efficiently and investment is revitalised.
Governments should provide appropriate enterprise development policies and an environment conducive for business. This will help the African private sector to develop and stimulate growth, which would in turn lure foreign investment. Achieving price stability complements other policies that lower uncertainty in the investment environment, thereby encouraging higher levels of investment and improving the effectiveness of other policy measures to promote investment.
Many developing countries have an abundance of natural resources and large supplies of labour. Some of them enjoy preferential market access to developed country markets under laws and agreements such as the AGOA in the US, EBA in the EU and the GSP scheme towards LDCs in Japan. Developing countries also have huge populations that could potentially become very lucrative markets for investment by developed countries.
In order to utilise this investment potential, developing countries should encourage active investment promotion policies that are linked to the national development and poverty reduction strategies of these countries.
However, as the recent closure of Supreme Furniture operations in Zambia has shown, governments should be cautious not to implement investment policies, such as certain tax incentives, that encourage huge investment in the short term but are detrimental in medium to long term. These could lead to abrupt investment withdrawal and disruption in the form of job losses and reduced growth.
These lessons and others reflect the importance of sharing information to efficiently connect supply and demand for investment in African countries. In the SADC region, communication between investment promotion organisations in recipient countries and investment and trade promotion agencies in investing countries is being promoted through, among other means, an agreed common investment protocol among member states. Additional ways of reducing information asymmetries would be the utilisation of information and communication technologies - NEPAD is active in this area, identifying telecommunications infrastructure needs across the continent.
Many more tools for increasing investment exist, with tried and tested results in many countries around the world. The OECD provides one of the larger microcosms available for developing countries to learn from about their experiences, what works, and what does not. I am especially pleased, therefore, to have the opportunity to host this OECD conference here for the benefit of the whole region.
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A Framework for Supply Chain Management has been promulgated as Treasury Regulations, issued in terms of section 76(4)(c) of the PFMA.
Supply Chain Management forms an integral part of the financial management system of every institution and deals with the supply chain of goods and services. Supply Chain Management will continue to address an effective, efficient and innovative process for demand planning, procurement (including strategic sourcing), contract management, inventory / asset control and obsolescence / disposal planning. With this process we plan to add value at every stage of the supply chain process.
To ensure uniformity in the application of the supply chain process National Treasury is in the process of issuing practice notes which deal with specific issues relating to Supply Chain Management. The practice notes include, among others, standardised bidding documents, directives for the appointment of consultants and a code of conduct applicable to all Supply Chain Management practitioners. This framework and the ensuing practice notes will be applicable to all national and provincial departments, constitutional institutions and public entities listed in schedules 3A and 3C of the PFMA. The provincial treasuries are empowered to issue further practice notes to provincial departments and entities which should not be in conflict with those issued by the National Treasury.
The National Treasury will continue to facilitate the arrangement of transversal period contracts for the procurement of goods / services required by more than one client department, provided that the arrangement of such contracts is both cost-effective and in the national interest.
Policy outcomes that determine the success of Government's procurement reforms will be monitored by the various treasuries and regular reports in this regard will be forwarded to the relevant executive authorities.
An amendment to Regulations issued in terms of the State Tender Board Act, 1968, (Act No. 86 of 1968), has also been promulgated today in the Government Gazette. Where before, the Regulations required that procurement of all goods and services must be done only through the State Tender Board, the amended Regulations now allow for accounting officers of national departments to procure goods and services either through the State Tender Board or alternatively in terms of the Public Finance Management Act, No. 1 of 1999 (as amended by Act 29 of 1999) (PFMA).
The promulgated amendment is in line with the intention of the PFMA which empowers accounting officers to manage their departments and accept full departments an option to arrange their ad hoc tenders through the State Tender responsibility and departments.
Board, or alternatively in terms of the PFMA. This "dual system" will be available to accounting officers at national level until such time that the State Tender Board Act is repealed.
At provincial level the various tender board acts will also be ultimately repealed and the various provincial tender boards will be dismantled. In some provinces this phased process has already commenced and certain provincial tender boards have already been dismantled.
Any inquiries regarding the promulgation of the regulations and the implementation of the supply chain process, can be directed to the Chief Director: Supply Chain Policy: Mr Henry Malinga at telephone number (012) 3155502 or by e-mail at henry.malinga@treasury.gov.
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for public comment. It represents proposed government BEE PPP policy, and gives a practical approach to achieving BEE in these important projects undertaken by national and provincial departments and schedule 3 public entities in terms of the Public Finance Management Act. The Code has been developed from experience of the past three years of PPP projects and from consultations with the private sector during the drafting of Standardised PPP Provisions, currently being finalised.
Once comments on the Code have been incorporated, the National Treasury will request the Minister of Finance to submit the final Code to the Minister of Trade & Industry for consideration by the BEE Advisory Council as a Code of Good Practice in terms of the Broad-base Black Economic Empowerment Bill, once enacted.
The National Treasury is keen to hear the views and responses of all parties engaged in national and provincial government PPPs - both public and private sectors. Written comments can be submitted to sue.lund@treasury.gov.za and sheila.themba@treasury.gov.za by 30 January 2004.
For information please contact Sue Lund on 082 898 5758.
Interested parties are also advised to visit www.treasury.gov.za for the December 2003 issue of PPP Quarterly.
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The Mpumalanga Safety, Security and Liaison MEC, Ms Sibongile Manana wants all the people involved in violent and unlawful activities during the recent protests in Ogies and Leslie to be arrested and charged.
She calls on the police to work closely with the National Prosecution Authority to convert the charges from malicious damage to property to a hefty charge, including arson. According to Manana, the charges alone should serve as a deterrent in order to prevent similar incidences from happening in the province.
Manana's condemnation comes after community members went on rampage, and blocked nearby roads, after they failed to hand over a memorandum. More than ten vehicles including trucks were damaged. A police Casper was also burnt during the protests in Ogies.
Manana says: "Government respects the right of the people to demonstrate, protest in order to voice their frustrations, however, protesters should respect the rights of other people. This is clear and means that it is not necessary to attack other people and to damage or burn property".
"People should realize that burning property is not a solution to their problems, but they make things worse because funds for replacing or repairing the property is taken from tax payers", says Manana.
She wants the police to thoroughly investigate these cases so that the courts are able to secure convictions against the suspects.
Manana calls for lawful and peaceful protests to avoid any unnecessary unrest that impacts negatively on government, business and the community.
"When people decide to engage or embark on a protest, they are expected to follow the legal process. The key issue is to comply with the provisions of the Gatherings Act, and cooperate with the police," she said.
The protests occur merely a day after the province organized a summit to the deal with matters associated with service delivery protests, particularly the unlawfulness and the violence linked to these protestations.
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The Deputy Minister of Foreign Affairs, Aziz Pahad, will brief the media on President Mbeki's participation at the ACP Summit in Fiji from 18-19 July 2002 and Minister Dlamini Zuma's official visit to the Russian Federation from 18-21 July 2002.
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of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), to be a country for purposes of the said sections.
Printed by and obtainable froml the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001 Publications: Tel: (012) 334-4508, 334-4509, 334-4510 Advertisements: Tel: (012) 334-4673, 334-4674, 334-4504 Subscriptions: Tel: (012) 334-4735,334-4736,334-4737.
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During the period under review, the Chief Directorate successfully implemented integrated marketing communication campaigns, coordinated numerous stakeholder events to foster mutual understanding between the Department and various stakeholders, as well as managing the communication environment.
The most prominent campaigns embarked on to ensure the successful implementation of legislation included the Unemployment Insurance Fund's campaign on the registration of domestic workers; blitz inspections of companies especially sweat-shops; the Growth and Development Summit; promotion of the National Skills Development Strategy including coordination of the SETAs , as well as Learnership Programmes; increased awareness on the minimum wages for domestic and farm workers; and making workers aware of their rights to compensation for injuries at the workplace via the Sizakala campaign.
The Chief Directorate has a staff of 19, under the leadership of the Senior Executive Manager: Communication: Dr Snuki Zikalala.
Snuki is the Senior Executive Manager of Communications at the Department of Labour. He has been nominated for the leadership role he has played in various campaigns to ensure that information is correctly communicated to the intended target audience, most often, people at grassroots level.
He has also taken campaign visibility to a new height and has been able to lead his team in unpacking difficult legislation to workers and employers to ensure understanding and smooth implementation. Such campaigns include the registration of Domestic Workers with the Unemployed Insurance Fund, issues around the Growth and Development Summit and the Campaign on minimum wages for domestic and farm workers.
Babs has been nominated for the Department of Water Affairs and Forestry's WASH Campaign. The WASH Campaign was introduced by the United Nations at the International Conference on Freshwater in Bonn, Germany in December 2001. It represents a concerted global advocacy to place water, sanitation and hygiene firmly on the political agenda.
Babs' submission highlighted the dynamic insight, strategy and management in developing and sustaining a long-term communications project with the potential for substantial public health benefits.
It also highlighted the leadership dedication and foresight in negotiating and structuring a landmark Public-Private Partnership that has already delivered over R5-million in actual value to the WASH Campaign.
Linda has been with the South African Police Service for one year. After only two months with the Service, she negotiated a free slot for the whole year from the SABC's Umhlobo Wenene National Radio, which covers seven provinces. This gave Linda a whole year to communicate to little children throughout the country on crime awareness.
She also visited parents in the East Rand Squatter Camps where crime, especially child abuse, is rife, to ask for permission to use their children on radio to spread the message on crime awareness to the whole country.
She initiated dramas and studio discussions about burning issues regarding crime. Next year, Linda will also be doing the programme for three more radio stations in Northern Sotho, Venda and Tswana.
Moabi is a Principal Communication Officer in the Chief Directorate: Communication of the Department of Social Development. He has been nominated for his enthusiasm, skill and perseverance while producing high quality work.
Moabi is the editor of Itirileng, the internal newsletter of the Department and is responsible for overall editorial content, being overall editor, as well as doing layout and design for the said publication. He is also responsible for Hinkweru, the external publication of the Department including writing, layout and design.
Moabi has taken upon himself the responsibility for the layout and design of other promotional products of the Department including posters, pamphlets, t-shirts, calendars and other ad-hoc products.
Delien has been the Editor of the popular South African Yearbook for the last few years, most part of which she spent handling the overall production of the publication before the appointment of additional staff.
During the period under review, Delien has continued to demonstrate a canny disposition to accuracy and brevity, often using her initiative to overhaul and transform some of the original copy into a masterpiece worthy of being easily understood by an average reader.
She was also instrumental in editing the first-ever edition of the Pocket Guide to South Africa, which contains pertinent updated information from the SA Yearbook. The Pocket Guide also proved extremely popular with copies distributed not only locally, but international as well to enhance a positive perception about South Africa among potential foreign investors and tourists alike.
Among the key functions of the Directorate of Communications Research Services, is the pro-active communication to the public about Presidency initiatives, policies, and events, as well as the reactive response to media coverage of the Presidency as a whole.
The Directorate, under the leadership of Mr Nazeem Mahatey, is also involved in other important writing functions such as the drafting of speeches and papers for the Presidency.
The Directorate has performed exceptionally well over the passed year. Under difficult circumstances and often under high pressure, the unit has successfully and consistently been able to communicate the Presidency in simple yet profound ways. Through careful consideration of government policies and programmes, it has been able to synthesise these into useful letters, speeches and articles for the Principals.
Thabang, currently with the National Department of Housing, has been nominated for his work as Head of Communication for the Department of Transport in KwaZulu-Natal until October this year.
Thabang developed a CD on road infrastructure aimed at rural Zulu audiences, he established the department's website, re-established the departmental intranet and established an internal communication programme and the Departmental newsletter Ezethu News.
He was actively involved in building the Department into a nationally recognisable brand. Everyone became aware of the programmes in which the department was involved, especially the Zero Tolerance approach, which proofed successful as most motorists literally slows down when entering the province, thus contributing to their own safety.
Thandi is a Constable in the Communication and Liaison Services, Southern Free State Police Service. She was nominated for the way she changed the attitude of internal colleagues towards the component of communication and that of the Area Management.
Female members, especially, lacked interest in the past to Area projects but this has changed to a huge support of all events by woman. Thandi has adopted an attitude of addressing issues affecting women and children by visiting schools and has recently started engaging women from other government departments in this process.
She is fluent in several languages, adding event more value to her component as she increased interest from media institutions when communicating in the language they broadcast. Thandi has therefore established good relations with the media and continues to network and improve the image of the Area and that of the SAPS.
Cornelius is the Head of Communication in the North West province from October 2002. He was nominated for successfully overcoming the challenge to build the province's communication machinery virtually from scratch, as there was no communication policy, nor any effective communication machinery to deliver on the objectives of the province.
In addition, the province never had a communication strategy. There was no mechanism to help ensure that government sends clear, coherent and consistent messages to the people of the province. Therefore Cornelius dedicated his first year to successfully laying the foundation for effective government communication in the province.
Josephine is a Principal Communication Officer in the Free State Department of Public Works, Roads and Transport, responsible for Internal Communication. She was nominated for the initiative she took in establishing an internal newsletter, Re A Bua. She is the editor and also writes articles, compiles information and ensures that the newsletter is widely distributed.
She has established a team of contact people, spread around the province to ensure every region is given publicity. This has ensured the gapping of the bridge between Head Office and the regional offices.
Josephine also started the MEC Floor Walks, which serves as a form of departmental Imbizo to promote face-to-face communication between political Heads of Department and employees. Another one of her innovations is the Info Desk, which is a mobile device that disseminates relevant departmental information like the vision and mission and other key messages that affect the officials of the department.
Mary heads the Communication Services Directorate in the Free State. She has been nominated for her empathetic leadership that keeps staff focused upon the outcome and total effect of their actions upon the lives of communities they serve.
Mary was the driving force behind the organising of 12 successful ' EXCO meets the People ' campaigns and two Imbizo Focus Weeks that were held in the Free State. She also ensured, under difficult circumstances, that the three Multi-Purpose Community Centres (MPCCs) are operational and services are running well. She was also the driving force to ensure the establishment and approval of a personnel structure at each MPCC, as well as a management structure at Head Office in the Office of the Premier.
She constantly negotiated with top management to ensure funds for the operational side of the MPCCs and to obtain funds for the establishment of new MPCCs.
The two-year amalgamation into the single municipal entity of the Ekurhuleni Metropolitan Municipality required high levels of dedication and commitment of its 16 000 municipal employees.
During this time employees rallied under continuous change experience on many levels. Toward the end of the first quarter of 2003, the Communications and Marketing Department decided to communicate the positive aspects of change to employees in ways that would make them realise they are valued and that their hard work directly contributes to the success of the metro.
The department decided on a tangible, yet corporate, token of appreciation that each employee, regardless of designation or level in the organisation would receive. The Department has been nominated for its Employee Pack, which overall objective was to reiterate the ethics and objectives of the organisation in an informal, almost playful, non-management way so that employees will more readily buy into the corporate ideals. The project was very successful in boosting morale and more campaigns of this nature will be entered into.
Willie Zweni was a good model for the new era of communication in which the strategic role of providing inputs from the communication environment has become important. He did this by questioning organisational decisions, pointing out the implications, fearlessly speaking out on issues from the communication perspective to the top leadership in the department.
He could look critically at what was done and fearlessly and honestly gave his informed view from a communication perspective, in order to advise and protect the credibility of the department.
At his own level with his staff, he practiced this as well by listening and getting informed inputs about communication implications of all matters before him. He truly practiced the spirit of Imbizo with his staff and with the public he was serving as a loyal public official.
Willie based his communication work on the values of the public, the values of democracy, the values of communicators in a democracy, which is about the quest for truth, transparency, openness, accountability, two-way communication, and critical perspective.
He is today receiving this acknowledgement not for a specific product or campaign, but for the role he played in leading, motivating and getting a group of communicators to create good communication products and impact. He believed in the power of the ordinary person to do extraordinary things, and then helped his colleagues to do it.
Mr Phila Ngqumba, Head of Communication in the Eastern Cape. Provinces are represented on the panel on a two-year rotational basis.
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The Department of Justice and Constitutional Development is responsible for the administration of the courts and constitutional development. It is the mission of the Department to uphold and protect the Constitution and the rule of the law. The Department is accountable to the public and the State in rendering accessible, fair, speedy and cost-effective administration of justice in the interest of a safer and more secure South Africa. The Department aims to achieve this by promoting constitutional democracy, providing appropriate legal services and the sound management of courts, and alternative dispute-resolution mechanisms.
It performs these functions in conjunction with judges, magistrates, the National Director of Public Prosecutions (NDPP) and the Directors of Public Prosecutions (DPPs), who are independent. The Department's responsibilities include the provision of adequate resources for the proper and efficient functioning of the criminal and civil justice systems. It provides legislation and administrative support for the establishment of institutions required by the Constitution.
The NPA structure includes the National Prosecuting Services (NPS), the Directorate: Special Operations (DSO), the Witness-Protection Programme, the Asset Forfeiture Unit (AFU) and specialised units such as the Sexual Offences and Community Affairs Unit and the Specialised Commercial Crime Unit. In terms of the NPA Amendment Act, 2000 (Act 61 of 2000), the DSO is a distinct and autonomous agency.
Discontinue criminal proceedings.
The DSO is committed to the investigation of matters that are national in scope, and concentrates on those crimes that threaten national security and economic stability. The more complex and protracted the investigations and higher up the criminal target, the more appropriate the matter would be for DSO selection. In many instances, these high impact investigations fall outside the scope and capacity of the South African Police Service (SAPS).
The following three delineated areas fall within this strategic focus: organised corruption, transnational organised crime, and serious and complex financial crime. The DSO has specifically initiated investigations in respect of transnational drug syndicates, such as West African and Chinese drug syndicates with strong international links.
It has developed operational liaison with international law enforcement agencies such as the United States (US) Federal Bureau of Investigation and Drug Enforcement Administration, United Kingdom's (UK) Scotland Yard, and UK Customs and Excise, which allows for international collaboration.
In the area of serious and complex financial crime, DSO investigations are evidence of its intention to penetrate crime markets that have in recent years been out of the reach of traditional law enforcement. The DSO has initiated investigations into organised public office corruption. It has developed an ambitious, though realistic strategy, based on a customised model of successful overseas anti-corruption programmes.
By September 2002, the DSO had finalized 210 prosecutions over a period of 18 months. Eighty-five of these were finalised in the last seven months with a 93% conviction rate. In those seven months, an additional 43 major case investigations were initiated, bringing the total number of projects on its books to 500, one-third of which had already appeared before the courts.
The money was disbursed to the different nongovernmental organisations by the Foundation for Human Rights. The Campaign was repeated in 2003.
build capacity to ensure that asset forfeiture is used as widely as possible to make a real impact in the fight against crime.
This Unit focuses on violent and indecent offences committed against women and children, as well as on family violence, child support and child justice. It ensures that these cases are prioritised, monitors the quality of delivery, and ensures that victims and witnesses receive decent treatment in courts. The Unit also seeks to improve the investigation and prosecution of rape cases. To this end, four multidisciplinary rape care centres, known as the Thuthuzela Care Centres, have been established. The Centres comprise police investigators, medical personnel, social workers, prosecutors and community volunteers who assist in addressing the underreporting of rape cases.
By July 2003, 40 Sexual Offences Courts had been established countrywide. The fight against sexual offences is a national priority. The Department of Justice and Constitutional Development is busy with a programme of providing facilities at courts where child witnesses, especially in child abuse cases, can testify in a friendly and secure environment without the risk of being intimidated.
New child-witness rooms are furbished with one-way glass partitions adjacent to the courtrooms. Where it is impossible to provide such rooms in existing buildings, other rooms away from the courts are utilised by providing a closed-circuit television link. Significant progress has been made in this regard. Some 35 rooms have been provided with one-way glass partitioning, while 178 closed-circuit television systems have been installed.
Twenty of the Sexual Offences Courts are blueprint-compliant while a further 20 Regional Courts are dedicated to hearing mainly sexual offences cases. The Department of Justice and Constitutional Development, the NPA, the Department of Social Development and the SAPS have established a close working relationship and have developed a national strategy for the accelerated rollout of Sexual Offences Courts.
The mission of the NPS is to raise the levels of productivity in the NPA and make it efficient and credible. The unit has to ensure proper planning of court rolls, prioritisation, proper preparation and arrangement for all cases to be heard, and the avoidance of unreasonable delays. Between 2000 and 2002, District Court rolls decreased to 127 per court, and to 106 in Regional Courts. In addition, there has been a dramatic increase in cases finalised with a verdict of guilty.
The conviction rate in District Courts is over 80%, and in Regional Courts approximately 70%. By mid-2003, integrated justice system (IJS) Court Centres had been established at 39 lower courts throughout the country. The IJS Project has resulted in improved case preparation and reduced case-cycle times. Court statistics show that the average cycle time of cases has declined from 110 to 74 days. The Court Management Information System (MIS) reports aspects such as the number of cases finalised per courtroom and per judicial officer, cases withdrawn as a proportion of cases disposed of, and the number of new cases per courtroom and per judicial officer. Encouraged by the initial results, the Department decided to extend the Southern Gauteng Pilot Project to the rest of the courts in Gauteng and all the courts that have IJS Court Centres.
The Pretoria-based Specialised Commercial Crime Unit was established in 1999 to bring specialisation to the investigation, prosecution and adjudication of commercial crimes. Three new courts and offices were established in the Johannesburg and Pretoria central business districts for specialized commercial crime cases.
The Johannesburg and Pretoria Courts will eventually be followed by similar courts in Durban and Cape Town. Before the establishment of the Specialised Commercial Crime Courts, only 6% of all perpetrators prosecuted were convicted, compared with the 23% conviction rate at the Pretoria Court.
The 2003/04 budget for witness protection amounted to R36 524 million. The Programme does not offer incentives to witnesses of serious crimes such as those offered by the SAPS. Instead, the Programme offers sustenance in the form of a food allowance, replacement of salary if employment has been lost, free accommodation including all municipal services, a clothing allowance, transport, a housing allowance for school-going children, medical expenses, etc.
In May 1999, South Africa's first Community Court, aimed at alleviating the burden placed on the justice system by petty crimes and social disputes, was launched at the Kyalami Metro Council in Gauteng. The pilot project is guided by members of the SAPS, the Department of Justice and Constitutional Development, and non-governmental organizations (NGOs). It promotes community participation in justice administration and policing.
The South African Law Reform Commission (SALRC) is finalising a report on Community Courts. During 2002/03, the Department delivered new Community Courts at an unprecedented rate. Some R211 138 million was spent on establishing new courts at Botshabelo, Queenstown, Kroonstad, Khutsong, Khayelitsha, Blue Downs, Patensie and Middledrift. Ongoing extensions at various other Courts ensured that the capital budget was put to the best possible use.
Another SARS court is operating twice a week at the Magistrate's Office in Roodepoort. Discussions to decentralise and expand such a Court to the bigger centres in the country have taken place between SARS and the Department.
A specialised Family Court structure and extended Family Advocate services are priority areas for the Department. The Family Court Blueprint was developed by the Family Court Task Team in 2002 to support the existing five pilot projects in becoming fully fledged successful Family Courts, and thereafter the rolling out of Family Courts to other magisterial districts.
improve the quality and effectiveness of service delivery to citizens who have family law disputes.
The Act outlaws unfair discrimination and allows for the creation of Equality Courts within the Magistrate's and High Courts, each to be presided over by an equality court officer. The Act further authorises the Minister of Justice and Constitutional Development to appoint an Equality Review Committee to monitor the implementation of the Act's provisions. By June 2003, 62 Equality Courts were in operation.
State Legal Services provides government with legal services and facilitates constitutional amendments through three sub-programmes.
Legal Services to the State provides for the work of the State Attorney and State law advisors. The former acts as attorney, notary and conveyancer for government. State law advisors provide legal opinions, scrutinize and amend international agreements and draft legislation and attend relevant Parliamentary Portfolio Committees as legal advisors for all national departments.
Human rights, in terms of Chapter Two of the Constitution, bind all legislative and executive bodies of State at all levels of government. They apply to all laws, administrative decisions taken and acts performed during the period in which the Constitution is in force.
a right to life.
The Department of Justice and Constitutional Development is one of the four core departments in the Criminal Justice Cluster that has been tasked with the implementation of the National Crime Prevention Strategy (NCPS). This is government's official strategy to combat, control and prevent crime.
The IJS Board was established in 1997 to integrate the activities of departments in the Justice Cluster in a co-ordinated manner. The underlying principle in establishing this System is the re-engineering of business processes through the necessary technology to ensure effective interaction and transition between the respective departmental responsibilities.
Development of the necessary business intelligence capacity within the Justice Cluster, which was expected to move into a new phase during 2003/04.
The CPP provides for the automation of civil and criminal case-management systems. The objective is to implement it in all 450 Magistrate's Courts countrywide, together with the associated Community Safety Centres, prisons and social development institutions. In relation to the Department, the 2003/04 priorities of the IJS - focusing on promoting service-delivery excellence in the CJS - are to increase the efficiency of the courts, especially the handling of sexual-assault crimes.
The Department is recruiting court managers to take over the administrative function of magistrates following the decision to separate administrative and judicial functions. Courts are working longer hours, and between 1999 and 2001 there was a 49% increase in the number of daily court sittings. As a result, the number of cases finalised in courts has increased since 2001. To deal with case backlogs, 3 027 Saturday and additional court days were introduced.
Between January 2002 and March 2003, these courts finalised 27 570 cases. More courts are being encouraged to sit over weekends to reduce unacceptable case backlogs. There has been a positive reversal in the ratio between sentenced and other prisoners, owing to the overall improvement in court efficiency. During 2002, 18 new permanent judges were appointed and further appointments are being processed. An amount of R20 million was set aside to increase the number of magistrates and prosecutors to cope with escalating court rolls. For 2003/04, an amount of R229 million was allocated for capital works and R35 million for the upgrading of existing infrastructure. Construction of new court buildings is under way in Tembisa, Benoni, Boksburg, Scottburgh, Atteridgeville, Randburg, Pretoria North, Atamelang, Sasolburg and Sebokeng.
Financial Administration System, which consists of four projects involving the automation of the Guardian's Fund, bail, maintenance, and the State Attorney's trust accounts. The development phases of the projects have been completed and rollout was due to start in 2003.
The most important pieces of legislation promoted in recent years include the following: Implementation of the Maintenance Act, 1998 (Act 99 of 1998), and the Domestic Violence Act, 1998 (Act 116 of 1998) The Department implemented the Maintenance Act, 1998 and the Domestic Violence Act, 1998 in November 1999 to make a difference to the lives of vulnerable women and children. The Department has also started appointing contract maintenance investigators in 55 of the Maintenance Courts.
The Act generally promotes transparency, accountability and effective governance of all public and private bodies. The Act, with the exception of a few sections, came into force on 9 March 2001.
The Act, with the exception of Sections 4 and 10, came into force on 30 November 2000. The Promotion of Administrative Justice Amendment Act, 2002 (Act 53 of 2002), was published in the Government Gazette in February 2003. The aims of the Amendment Act are to amend the definition of 'court' in the principal Act and to provide for the training of presiding officers in the Magistrate's Courts for purposes of the Act.
The objectives of the Act include the prevention and prohibition of unfair discrimination, redress for discrimination, the promotion of equality and progressive eradication of discrimination. The Promotion of Equality and Prevention of Unfair Discrimination Amendment Act, 2002 (Act 52 of 2002), was published in the Government Gazette in January 2003. The objectives of the Amendment Act are to further provide for the training and designation of presiding officers of Equality Courts for purposes of the Act, to provide for the designation of Magistrate's Courts as Equality Courts, to further regulate the training of clerks for Equality Courts and to provide for related matters.
Article 40(3) of the Convention on the Rights of the Child requires State parties 'to promote the establishment of laws, procedural authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law'. The Government, having ratified the Convention on the Rights of the Child in 1995, recognised that the situation regarding such children in South Africa was unsatisfactory, and decided to bring about change.
develop a system of review and monitoring for the system.
The Bill encourages the release of children into the care of their parents and entrenches the constitutional injunction that prison should be considered as the last resort. The Child Justice Bill was presented to the Portfolio Committee on Justice and Constitutional Development on 20 February 2003. Public hearings were held and several submissions were received.
This Act aims, among other things, to regulate the interception of certain communications, the monitoring of certain signals and radio frequency spectrums, and the provision of certain communications-related information. The Act also regulates the making of applications for, and the issuing of, directions authorising the interception of communications and the provision of communications related information under certain circumstances.
It further provides for the execution of directions and entry warrants by law-enforcement officers and the assistance to be given by postal service-providers, telecommunications service-providers and decryption key holders in the execution of such directions and entry warrants.
provision is made for the appointment of a second Deputy President of the Supreme Court of Appeal.
The main purpose of the Bill is to further regulate the appointment of the Deputy Public Protector. The Public Protector Act, 1994 (Act 23 of 1994), provides for the appointment of Deputy Public Protectors by the Cabinet member responsible for the administration of justice.
There have been arguments that this erodes the independence of that office, as such a person (Deputy Public Protector) may eventually assume the duties of the Public Protector. The amendments to the Bill propose that only one Deputy Public Protector be appointed, and that he or she, as is the case with the Public Protector, be appointed by the President with the involvement of Parliament. Amendments that regulate the remuneration and other terms and conditions of employment, vacancies in office, and removal from office of the Deputy Public Protector, are also included in the Bill.
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In terms of Item 16(6)(a) of Schedule 6 to the Constitution, 'all courts, their structure, composition, functioning and jurisdiction, and all relevant legislation, must be rationalized with a view to establishing a judicial system suited to the requirements of the Constitution'.
The Minister of Justice and Constitutional Development must, after consultation with the Judicial Service Commission (JSC), manage this process.
When the post-apartheid Government came to office in May 1994, there were only one black male judge and two white female judges. By July 2003, out of 214 judges of the Superior Courts, there were 128 white males (60%), 14 white females, 42 indigenous African males, eight indigenous African females, eight coloured males, one coloured female, 11 Asian males and two Asian females. Some 60% of the Superior Court judges are post-apartheid appointments.
This result has been achieved through the application of a rigorous appointment procedure conducted by and under the auspices of the Judicial Service Commission.
Presently there are 10 court divisions: Cape of Good Hope (with its seat in Cape Town); Eastern Cape (Grahamstown); Northern Cape (Kimberley); Orange Free State (Bloemfontein); Natal (Pietermaritzburg); Transvaal (Pretoria); Transkei (Umtata); Ciskei (Bisho); Venda (Sibasa), and Bophuthatswana (Mmabatho).
Each of these divisions, with the exception of Venda, is composed of a Judge President and, if the President so determines, one or more Deputy Judges President, and as many judges as the President may determine from time to time.
There are also three local divisions: the Witwatersrand Local Division (Johannesburg), Durban and Coast Local Division (Durban), and South-Eastern Cape Division (Port Elizabeth). These courts are presided over by judges in the provincial courts concerned. A provincial or local division has jurisdiction in its own area over all persons residing or being in that area. These divisions hear matters that are of such a serious nature that the lower courts would not be competent to make an appropriate judgment or impose a penalty. Except where minimum or maximum sentences are prescribed by law, their penal jurisdiction is unlimited and includes life imprisonment in certain specified cases.
In terms of the Magistrates Act, 1993 (Act 90 of 1993), all magistrates in South Africa fall outside the ambit of the Public Service. The aim is to strengthen the independence of the judiciary.
Although the Regional Courts have a higher penal jurisdiction than Magistrate's Courts (District Courts), an accused person cannot appeal to the Regional Court against the decision of a District Court, only to the High Court. By March 2003, there were 370 magistrate's offices, 51 detached offices, 107 branch courts and 234 periodical courts in South Africa, with 1 772 magistrates.
The Department has set several targets aimed at promoting case-flow management in the lower courts. These include finalizing 40 cases per month per District Court and 15 cases per month per Regional Court during 2003/04.
Except when otherwise provided by law, the area of civil jurisdiction of a Magistrate's Court is the district, sub district or area for which the Court has been established. South African law as applied in the Western Cape is in force on Prince Edward and Marion Islands, which, for the purpose of the administration of justice, are deemed to be part of the Cape Town magisterial district.
The commissioner is usually a practicing advocate or attorney, a legal academic or other competent person, who offers his or her services free of charge. Neither the plaintiff nor the defendant may be represented or assisted by counsel at the hearing. The commissioner's decision is final and there is no appeal to a higher court.
Advocates are organised into Bar associations or societies, one each at the seat of the various divisions of the High Court. The General Council of the Bar of South Africa is the co-ordinating body of the various Bar associations. There is a law society for attorneys in each of the provinces. A practicing attorney is ipso jure a member of at least one of these societies, which seek to promote the interests of the profession.
acting as an Office of Record.
The computerisation of the Guardian's Fund has reached an advanced stage and will revolutionise the administration of trust funds for minors. The Guardian's Fund grew by 18% in 2003.
The Rules Board is a statutory body, empowered to make or amend rules for the High Courts, the Supreme Court of Appeal and the lower courts. It also develops rules and court procedure to ensure a speedy, inexpensive civil justice system, which is in harmony with the Constitution and technological developments, and accessible to all South Africans.
The Office of the Family Advocate functions in terms of the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987). The Family Advocate, assisted by family counsellors, reports to the court and makes recommendations which will serve the best interest of children in cases where there is litigation relating to children in divorce actions or applications for the variation of existing divorce orders.
Family advocates operate in the provincial and local divisions of the High Court. The Hague Convention on the Civil Aspects of International Child Abduction Act, 1996 (Act 72 of 1996), came into effect in October 1997 and the Natural Fathers of Children Born out of Wedlock Act, 1997 (Act 86 of 1997), in September 1998. The promulgation of these Acts extended the service delivery of the Office of the Family Advocate countrywide.
defending the rights of households through impact litigation.
Legal aid may also be provided through co-operation agreements with NGOs and universities, which provide legal services. Cooperation agreements are an important part of the Legal Aid Board's Access to Justice Strategy. The Board is committed to rendering quality legal services and is consequently eager to participate in the further development of the justice system through continued co-operation with its partners. It assists approximately 250 000 applicants a year.
Any person may submit complaints to the Public Protector. Except in special circumstances, the Public Protector will not investigate a complaint unless it is reported within two years of the occurrence of the incident or matter concerned. Reports on the findings in any investigation are made public, unless the Public Protector is of the opinion that exceptional circumstances require that the report be kept confidential.
The Public Protector submits annual reports to Parliament on its activities and functions. If necessary, reports on the findings of certain investigations are also submitted to Parliament. The Office of the Public Protector has provincial offices in all provinces, except Gauteng, where the national Office fulfils that function. In 2002/03, the Office received 15 680 new cases and 13 108 cases were carried forward from 2001/02. Of these, 21 707 cases were finalised in 2002/03.
The Commission also attends to grievances, complaints and misconduct investigations against magistrates. It advises the Minister on matters such as the appointment of magistrates, promotions, salaries and legislation. The Commission has established committees to deal with appointments and promotions; misconduct, disciplinary inquiries and incapacity; grievances; salary and service conditions; and the training of magistrates.
With a view to extending the basis for consultation and involving interested parties and the community at an earlier stage in the process of law reform, shorter documents - which precede the publication of discussion papers - are compiled for general information and comment. The object is to stimulate and activate debate in respect of relevant matters, and to give direction to the reform, which is to follow. The Commission's line of thinking is also evident from the community-orientated nature of the investigations included in its programmes.
When appointments have to be made, the Commission gives public notice of the vacancies that exist and calls for nominations.
Suitable candidates are short-listed by the Commission and invited for interviews. Professional bodies and members of the public are afforded the opportunity to comment before interviews or make representations concerning the candidates, to the Commission.
The Commission has determined criteria and guidelines for the making of appointments, which have been made public. The interviews are conducted as public hearings and may be attended by anyone who wishes to do so. Following the interviews, the JSC deliberates and makes its decisions in private. Its recommendations are communicated to the President, who then makes the appointments.
carry out research and educate.
The Commission has established standing committees that advise and assist the Commission in its work.
Government and Parliamentary Liaison.
The Secretariat implements the policy of the Commission and ensures the promotion and protection of rights by handling complaints of human rights-violations; monitoring observance of human rights; and education, training and public information.
establish the Commission as a resource and focal point for human rights in South Africa in collaboration with other institutions on the continent.
the administration of justice.
NACHRET was established in April 2000. The Centre provides a platform for debate on human rights issues aimed at enhancing an understanding of these issues and practices.
The Centre also provides training and builds capacity both in South Africa and on the continent with regard to human rights themes, challenges and issues.
Chapter 9 of the Constitution provides for the establishment of, among others, the CGE.
Section 187 of the Constitution specifically grants the CGE powers to promote respect for gender equality, and promote the protection, development and attainment of gender equality.
The composition, functions and objectives of the CGE are outlined in the CGE Act, 1996 (Act 39 of 1996).
conducting research to further the objectives of the CGE.
The CGE works in partnership with various civil-society structures and other organizations with similar objectives.
Spatial Development Initiatives.
One of the noteworthy activities recently finalised by the CGE is Integrated Development Planning, whereby the CGE monitored and evaluated whether or not local government has gender-responsive approaches to service provision, and developmental plans that have a positive impact on women.
preparation of Cabinet and Parliament documentation for ratification of human rights treaties, including report-writing.
France (ratified on 11 November 2002).
An MLAT with China was recently signed but has not yet been ratified.
The Directorate also participated in the negotiation and the finalisation of the SADC Protocol against Corruption. The Cabinet has approved this Protocol and it is before Parliament for ratification.
Commission on Human and Peoples' Rights in May 2002. The Protocol to Establish the African Court was signed by South Africa in June 2002.
The Directorate has prepared three human rights country reports for submission to the relevant UN Committees. The reports relate to the Convention Against Torture or other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Discrimination, and the International Covenant on Civil and Political Rights (ICCPR).
A South African delegation comprising the Departments of Justice and Constitutional Development and of Foreign Affairs attended the UN Preparatory Commission Sessions during April and June/July 2002, which saw the finalisation of the outstanding instruments of the ICC, in particular the Fifth Year Budget of the ICC, and the procedure for the nomination and election of judges, prosecutors and deputy prosecutors. On 11 March 2003, the Minister of Justice and Constitutional Development and his delegation attended the inauguration ceremony of the Court in The Hague, Netherlands.
address co-operation by South Africa with the ICC.
South African judge Ms Navi Pillay was appointed one of the first judges of the ICC in March 2003.
<fn>GOV-ZA.2003En.2012-02-10.en.txt</fn>
In line with government's mandate to make information accessible to all and bring government closer to the people, Government Communications (GCIS) has published the first edition of the Pocket Guide to South Africa 2003.
Content of the quick-fact, easy-to-read publication is largely based on information contained in the latest edition of the South Africa Yearbook, which is also published by the GCIS.
Similar to the objectives of the SA Yearbook, the Pocket Guide is also aimed at providing a useful reference tool to inform South Africans and the world on the efforts of government and the people of South Africa to create a better life for all.
To obtain a copy of the SA Yearbook 2003 or Pocket Guide to South Africa 2003, please e-mail your request to delien@gcis.gov.za, stating your postal address, physical address and telephone numbers.
<fn>GOV-ZA.2003EqcBrochureEn.2012-02-10.en.txt</fn>
As South Africans, our rights are entrenched and protected by the South African Constitution and its Bill of Rights. In turn, laws give effect to the various rights. The right to equality, as one of these rights, is protected by law in the Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000 and the Employment Equity Act, No. 55 of 1998. The two acts work in synergy.
It should be noted, however, that the Promotion of Equality and Prevention of Unfair Discrimination Act, also referred to as the Equality Act, does not apply to any person to whom the Employment Equity Act applies, or to the same extent. The Employment Equity Act applies to all employers and employees, as defined by the Act, except the members of the National Defence Force, the National Intelligence Agency and the South African Secret Service. The Equality Act provides for those excluded from the Employment Equity (EE) Act, thereby including the unemployed and members of the aforementioned governmental agencies. The Equality Act can also be used by all the people of South Africa, including employers and employees, for disputes not provided for in the EE Act, such as hate speech.
eliminate unfair discrimination; and prevent and prohibit hate speech.
compliance with international law obligations, including treaty obligations; and measures to educate the public and raise public awareness on equality.
The Equality Act endeavours to facilitate the transition to a democratic society that is united in its diversity and guided by the principles of equality, fairness, equity, social progress, justice, human dignity and freedom. It places a positive duty and responsibility on the state, non-governmental organisations, community-based organisations, traditional institutions and all persons to promote equality.
eliminating any form of unfair discrimination and making sure inequality in any law, policy or practice, for which they are responsible, is not continued; and preparing and implementing equality plans for submission to the South African Human Rights Commission.
Equality, in terms of the Act, includes the full and equal enjoyment of rights and freedoms as contemplated in the Constitution, in all respects.
Persons who are excluded from the Employment Equity (EE) Act in respect of labour matters will be able to use the Equality Act in disputes regarding unfair discrimination, harassment. Furthermore, anyone, including all employers and employees, will be able to use the Act for disputes not covered by the Employment Equity Act, such as hate speech.
If any conflict arises between the Equality Act and another law, other than the Constitution, the former will prevail over the provisions of any other law. The State and all persons are bound to the Equality Act, which clearly states that neither the State nor any person may unfairly discriminate against any person.
from any person on one or more of the prohibited grounds.
The Equality Act prohibits unfair discrimination on certain grounds, which can either be listed or unlisted. The prohibited listed grounds are race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. Hate speech, harassment and the publication and dissemination of information, which unfairly discriminate, is also prohibited by the Act.
Unlisted grounds can include HIV/AIDS status, socio-economic status, nationality, family responsibility and family status.
adversely affects the equal enjoyment of rights and freedoms.
the denial of access to opportunities, including access to services; or failing to take steps to reasonably accommodate the needs of such persons.
discrimination on the grounds of pregnancy; or inequality of access to opportunities by women as a result of the sexual division of labour.
a failure to eliminate obstacles that unfairly limit or restrict persons with disabilities from enjoying equal opportunities; or failing to take steps to reasonably accommodate the needs of the disabled.
No person may publish, propagate, advocate or communicate words - based on one or more of the prohibited grounds against any person, that could reasonably be construed to demonstrate a clear intention to be hurtful, harmful or incite harm or promote or propagate hatred.
The Equality Court has the authority to order the referral of cases involving hate speech to the Director of Public Prosecutions, who will consider the institution of criminal procedures.
Section 11 of the Act states that no person may subject any person to harassment.
unwanted conduct which is persistent or serious, and demeans, humiliates or creates a hostile or intimidating environment, or is calculated to induce submission by actual or threatened adverse consequences, and which is related to sex, gender or sexual orientation, or a person's membership or presumed membership of a group identified by one or more of the prohibited grounds or a characteristic associated with such a group.
Section 12 of the Equality Act provides that no person may disseminate or broadcast any information, or publish or display any advertisement or notice that could reasonably be understood to demonstrate a clear intention to unfairly discriminate against any person. This does not, however, apply to valid engagement in artistic creativity, academic, or scientific inquiry, fair or accurate reporting in the public interest, or publication of any information, advertisement or notice, in accordance with section 16 of the Constitution of the Republic of South Africa, 1996, as amended, that deals with freedom of speech.
The Schedule to the Equality Act contains a list of unfair practices that is intended to illustrate and emphasise some practices that may be unfair, are widespread and need to be addressed. The State must, where appropriate, ensure that legislative and other measures be taken to address these practices. The list is not conclusive and needs to be considered and revised by the Equality Review Committee on a continuous basis.
For each practice on the list, specific conditions and principles must exist, as prescribed by the Act.
provision of goods, services and facilities; and clubs, sport and associations.
the existence of systemic discrimination and inequalities brought about by colonialism, the apartheid system and patriarchy; and the need to take measures at all levels to eliminate such discrimination and inequalities.
the discrimination did not take place as alleged; or the conduct is not based on one or more of the prohibited grounds.
If the discrimination took place on a listed ground, then it is presumed to be unfair, unless the respondent proves that the discrimination is fair. If the discrimination is based on an unlisted ground, it is considered unfair if one or more of the conditions are established, unless the respondent proves that the discrimination is fair. For instance, it is not considered unfair discrimination to take measures designed to protect or advance persons or categories of persons disadvantaged by unfair discrimination. This, however, does not apply in cases of hate speech and harassment.
Every High Court serves as an Equality Court for the area of its jurisdiction and the Magistrates Courts are designated by the Minister of Justice and Constitutional Development, after consultations with the and the needs and wishes of the parties Heads of Administrative Regions, as Equality involved. Courts.
With a referral, the presiding officer Administrative Regions designate, in writing, must make an order in the prescribed judges and magistrates who have attended manner, directing the clerk of the equalithe training as Presiding Officers of the ty court to transfer the matter to the Equality Courts in the High Courts and alternative forum as mentioned in the Magistrates Courts respectively.
order. The presiding officer can attach any comments deemed necessary, to the Certain steps have to be taken if a person order.
notify the parties accordingly in the pre scribed manner.
The alternative forum must deal with the the person's intention to do so.
matter as speedily as possible in terms of its functions and powers.
If the matter is not dealt with in a reaequality court, within the prescribed peri sonable period or is not resolved to the od of time.
The presiding officer must decide, within the matter can be referred back to the the prescribed period, if the matter equality court for adjudication, if so should be heard in the equality court or requested by one or more of the parties referred to an alternative institution, within a set period of time.
body, tribunal, court or forum.
If the matter is referred, the presiding he/she must refer the matter to the clerk stances into account, such as the per of the equality court to assign a date of sonal circumstances of the complainant hearing for the matter.
The court may, in any proceedings in terms of or under the Act, at the request of either party or of its own accord, and if the presiding officer considers it to be in the interest of justice, appoint two persons as assessors. These assessors are then considered members of the court.
conduct investigations into cases and make recommendations; and request regular reports from the Department of Justice regarding the number of cases, their nature and outcome.
Any person who is dissatisfied by an order made by the equality court may appeal against such order in the required manner and time to either the High Court or the Supreme Court of Appeal, as the case may be. An appeal can also be made directly to the Constitutional Court.
Whenever conflicting decisions are made by presiding officers in respect of matters relating to unlisted prohibited grounds, the Minister may refer the specific case to the Supreme Court of Appeal or the Constitutional Court. If a presiding officer in a Magistrate's Court rules on a ground of discrimination not listed by the Act, the decision must be submitted to the relevant High Court for review, once the proceedings have been finalised, in the prescribed manner. After consideration, the High Court must make a decision on the matter as it seems fit, within the scope of the Act.
It is the duty of the equality court to determine whether unfair discrimination, hate speech or harassment, as the case may be, has taken place as alleged.
a directive requiring the respondent to priate order in view of the circumstances.
restraining unfair discriminatory prac party to the proceedings, or an order to taken to stop the unfair discrimination, comply with any provisions of the Act.
said court in a civil action.
speech and harassment.
complying with any provisions of the Act.
Private Bag 2700 sahrcinfo@sahrc.org.
PO BOX 32175 cgeinfo@cge.org.
PO BOX 7943 iec@elections.org.
Private Bag X677 publicprotector@hotmail.
Private Bag X08 christa@pansalb.org.
Private Box 938 mkalipim@nyc.pwv.gov.
<fn>GOV-ZA.2003Prj113MediaEn.2012-02-10.en.txt</fn>
The South African Law Reform Commission has approved a Report containing recommendations and a proposed draft Bill on the use of audiovisual equipment for the postponement of criminal cases against accused persons who are in custody awaiting trial. The Report has been submitted to the Minister for Justice and Constitutional Development on 22 July 2003 for consideration and promotion in Parliament.
The Commission considered a proposal by role-players in the criminal justice system that legislation should be introduced to provide for the postponement of criminal cases via an audiovisual link where the accused person is in custody awaiting trial. This would mean that accused persons would not have to appear physically in courts for the purpose of a mere postponement of the case. The proposal allows for the use of modern technology and the establishment of "video-conference courts" to remand criminal cases against such persons. In terms of the proposal, audiovisual equipment has to be installed at a court point and a remote point (the prison). The initial proposal was limited to postponements and then only after the first appearance of the accused in a court.
In the course of the investigation the Commission, in particular, considered the constitutionality of the proposal. After careful consideration and consultation with relevant role players the Commission concluded that the proposed procedure would not be unconstitutional. The Commission was, however, sympathetic to the view that since the procedure would introduce an innovation, it ought to be implemented incrementally. The Commission also decided to extend the initial proposal to cover bail applications as well as applications for leave to appeal and the hearing of an appeal in respect of persons in custody.
the point of departure be to allow the procedure unless, in the discretion of the presiding officer, the accused must in the interests of justice be brought before a court.
<fn>GOV-ZA.2003Prj118Dp104En.2012-02-10.en.txt</fn>
The South African Law Reform Commission hereby releases its discussion paper on domestic partnerships for general information and comment. The discussion paper deals with the question of the legal recognition and regulation of domestic partnerships - that is, established relationships between people of the same or opposite sex. The discussion paper does not come out in favour of any particular option and the idea is to canvass a number of options.
The number of people living in these relationships has, however, increased worldwide and also in South Africa. Social customs have changed radically, outdating early notions of marriage as the only form of acceptable relationship. Domestic partnerships have come to be perceived in many cases as functionally similar to marriage.
In the recent past the courts have carried much of the responsibility for crafting family law and policy with regard to domestic partnerships by creatively applying non-family laws, including the law of unjust enrichment, estoppel and contract, to domestic partners who were excluded from family law regimes.
The Constitutional Court has, furthermore, on more than one occasion, upheld constitutional challenges under the equality clause on the ground of sexual orientation. The Constitutional Court has made it clear that same-sex relationships must receive some form of recognition, but has not been prescriptive as to how it should be done. With the extension of statutorily defined benefits (sometimes including domestic partnerships into the definition of "spouse" for various purposes) there has been an increasing recognition of these relationships outside marriage. These developments have led to a patchwork of laws that do not express coherent family policy.
This discussion paper therefore includes proposals for possible law reform to recognise and regulate various forms of domestic partnerships. The proposals are aimed at harmonising family law with the provisions of the Bill of Rights and the constitutional values of equality and dignity. Possible amendments to the Marriage Act of 1961 and the promulgation of legislation to deal specifically with registered and unregistered partnerships are proposed.
The Commission considers as unconstitutional the fact that there is currently no formal legal recognition of same-sex relationships. Recognition could be effected in a number of ways.
The first option is to make marriage as it is currently known available to both same- and opposite-sex couples by inserting a definition of marriage to that effect in the Marriage Act.
The second option entails the separation of the civil and religious elements of marriage.
1961 will therefore only regulate the civil aspect of marriage, namely the requirements and consequences prescribed by law. In practice it will mean that both same- and opposite-sex couples will have to solemnise their marriages before a civil marriage officer. After the civil ceremony couples who value the religious aspects of marriage will then be free to have their marriage blessed by a religious official in a religious ceremony. Religious institutions will have to decide whether their religious blessing is available to same-sex couples or not.
According to this option same-sex couples will be afforded a legal status parallel to that of marriage under a separate institution called a civil union. A civil union will have the same legal consequences as marriage, but will be established through a civil registration procedure and, depending on the circumstances, terminated by mutual agreement or court procedure.
In terms of option 4 the institution of civil union will also be made available to opposite sex couples who object to the moral and religious connotations of traditional marriage.
A Registered Partnerships Act is proposed for partners of the same or opposite sex who do not wish to get married but still desire some legal protection. Upon registering their relationship as a partnership with a civil registration officer, parties will be afforded some of the basic rights associated with civil marriage. Depending on the circumstances, termination of a registered partnership will take place either by mutual agreement or court procedure.
The default property regime for registered partnerships will be the accrual system, but parties could agree to use another system. In addition, registered partners will have a mutual duty to support each other during the existence of the relationship; the right to claim damages in the event of the death of a partner; and the right to intestate succession. Where a child is born into a registered partnership between persons of the opposite sex, the male partner will be deemed to be the biological father of that child. There will only be a limited right to maintenance between former registered partners after termination of the registered partnership.
An Unregistered Partnerships Act is proposed in terms of which same- or opposite-sex couples in unregistered partnerships will be afforded a civil status as if they have formally committed to the relationships, without their having taken any steps to effect such recognition. The Commission distinguishes between de facto and ex post facto relationships in this regard.
Option 6: De facto unregistered partnerships Option 6 creates rights and obligations for a couple in a conjugal relationship during the existence of the unregistered partnership. Relationships will be assessed in terms of a definition and a list of factors (both set out in the Unregistered Partnership legislation) such as the duration of the relationship and the degree of mutual commitment to a shared life. When the status of the relationship is disputed during its existence, a court may be approached to declare the status of the relationship.
Compared to marriage and registered partnerships the rights and obligations afforded to unregistered partnerships will be limited. The focus will be on regulating the ownership of property accumulated by the partners during and after termination of the relationship. The disposal of such property by one partner will be restricted and there will be a joint liability for household expenses during the relationship. Provision will be made for the equitable division of accumulated property after termination of the relationship and the right to inherit a child's share from a partner who dies intestate. A former partner will be able to claim maintenance from the other partner only under prescribed circumstances.
In order to protect the autonomy of partners in unregistered partnerships, there will be a provision to exclude the legislation by mutual agreement. Where the application of the Act has been so excluded, the parties will still have recourse to the ordinary remedies of the law to the extent that they may be applicable.
Option 7: Ex post facto unregistered partnerships This option allows former partners in an unregistered partnership who cannot agree about the division of property and maintenance after the partnership has ended, to apply to court for an equitable property division and maintenance order. Such an order may be made only after the court has determined that the relationship indeed qualifies as an unregistered partnership as defined. No rights and obligations are created automatically for the couple during the existence of the relationship. The legislation only becomes relevant to the partners on the breakup of the relationship or the death of one of the partners should they be unable to manage their situation privately.
When making a property division or maintenance order, the focus of the court will be to ensure an equitable settlement of the proprietary disputes between the former partners. The court will be allowed to consider the terms of a domestic partnership agreement between the former partners when deciding the case.
This version of the unregistered partnership proposal will apply to intimate partnerships (conjugal relationships) as well as care partnerships (non-conjugal relationships). Care partners are persons who are in financially or emotionally interdependent relationships that are of a non-conjugal nature.
Owing to the diverse nature of the options mentioned before and the wide variety of relationships under discussion, it would be impossible to select only a single generally valid statutory measure to regulate all relationships. The aim would be to combine the proposals in such a way as to afford the desired protection to parties in domestic partnerships without imposing on their autonomy or over-regulating the position.
The Commission in its effort to consult all interested parties will host a series of workshops during October 2003. Members of the Project Committee will be present to explain and discuss the draft Bill and to note comments. The workshops are scheduled to be held as follows: 7 October (Gauteng), 9 October (Durban), 10 October (East London), 13 October (Bloemfontein), 14 October (Cape Town), 21 October (Pietermaritzburg), 27 October (Polokwane) and 28 October (Nelspruit). Persons interested in attending should contact the Commission at (012) 322 6440 (contact person Ms C Pienaar).
The discussion paper is obtainable free of charge from the Commission upon request. The discussion paper has already been posted to interested persons and bodies and it has furthermore been published on the Commission's website at http://www.law.wits.ac.za/salc.html. The Commission will however be ready to receive further requests for copies of the discussion paper as from 15 September 2003.
Tel: (012) 322 6440 Fax: (012) 320 0936 E-mail:cpienaar@salawcom.org.
<fn>GOV-ZA.2003Prj124En.2012-02-10.en.txt</fn>
The South African Law Reform Commission is currently involved in an investigation into privacy and data protection. As a first step in this process the Commission hereby releases an issue paper for comment and discussion.
Privacy is a valuable aspect of personality. While potential invasions of privacy can come from many sources, a chief concern in recent years has been information privacy. Information privacy has been defined as the claim of individuals, groups or institutions to determine for themselves how, when and to what extent information about them is collected, stored or communicated to others.
Information about people and their activities can range from medical records, purchasing habits and property ownership to borrowing habits at the video store, cell phone conversations and surfing practices on the Internet - all mostly recorded in digital form. It is clear that personal information has acquired a market value.
In South Africa the right to privacy is protected in terms of both our common law and in section 14 of the Constitution. The recognition and protection of the right to privacy as a fundamental human right in the Constitution provides an indication of its importance.
The constitutional right to privacy is, like its common law counterpart, not an absolute right but may be limited in terms of law of general application and has to be balanced with other rights entrenched in the Constitution.
In protecting a person=s personal information consideration should therefore also be given to competing interests such as the administering of national social programmes, maintaining law and order, and protecting the rights, freedoms and interests of others, including the commercial interests of industry sectors such as banking, insurance, direct marketing, health care, pharmaceuticals and travel services. The task of balancing these opposing interests is a delicate one.
Concern about data protection has increased worldwide since the 1960s as a result of the expansion in the use of electronic commerce and the technological environment. The growth of centralised government and the rise of massive credit and insurance industries that manage vast computerised databases have turned the modest records of an insular society into a bazaar of data available to nearly anyone at a price. The question could no longer be whether information could be obtained, but rather whether it should be obtained and, where it has been obtained, how it should be used.
There are now well over thirty countries that have enacted data protection statutes at national or federal level and the number of such countries is steadily growing. The investigation into the possible development of data privacy legislation for South Africa is therefore in line with international trends.
Early on, it was, however, recognised that information privacy could not simply be regarded as a domestic policy problem. The increasing ease with which personal data could be transmitted outside the borders of the country of origin produced an interesting history of international harmonisation efforts, and a concomitant effort to regulate trans-border data flows.
Two crucial international instruments evolved in 1981, namely the so-called CoE (Council of Europe) Convention and the OECD (Organization for Economic Cooperation and Development)1981 (OECD) Guidelines. These two agreements have had a profound effect on the enactment of national laws around the world, even outside the OECD member countries. They incorporate technologically neutral principles relating to the collection, retention and use of personal information.
$ destroyed after its purpose is completed.
These principles are known as the APrinciples of Data Protection@ and form the basis of both legislative regulation and self-regulating control.
In 1995, the European Union furthermore enacted the Data Protection Directive which is important since articles 25 and 26 of the Directive stipulate that personal data from Europe should only flow outside the boundaries of the Union to countries that can guarantee an Aadequate level of protection@ (the so-called safe-harbour principles).
Privacy is therefore an important trade issue, as data privacy concerns can create a barrier to international trade. Considering the international trends and expectations, information privacy or data legislation will ensure South Africa=s future participation in the information market, if the country is regarded as providing Aadequate@ data protection by international standards.
The effectiveness of data protection provisions in protecting an individual=s personality rights will, however, depend largely on how they are applied and interpreted in practice. Four models aimed at the protection of personal information can be identified. Depending on their application, these models can be complementary or contradictory. In most countries several are used simultaneously.
First of all, there is a general law that governs the collection, use and dissemination of personal information by both the public and private sectors. An oversight body then ensures compliance. This is the preferred model for most countries adopting data protecting laws and was adopted by the European Union to ensure compliance with its data protection regime.
Secondly, some countries have avoided enacting general data protection rules in favour of specific sectoral laws governing, for example, video rental records and financial privacy. In such cases, enforcement is achieved through a range of mechanisms. A major drawback with this approach is that it requires that new legislation be introduced with each new technology - protection therefore frequently lags behind. There is also the problem of a lack of an oversight agency.
Thirdly, data protection can also be achieved - at least in theory - through various forms of self-regulation, in which companies and industry bodies establish codes of practice and engage in self-policing. This is currently the policy promoted by the governments of the United States and Singapore.
Finally, with the recent development of commercially available technology-based systems, data protection has also moved into the hands of individual users. It is possible to employ a range of programs and systems that provide varying degrees of privacy and security of communications.
Governments may find that proposed measures to protect privacy meet the staunch opposition of business interests which see such safeguards as an expense and an unjustified constraint on their right to conduct their business affairs as they wish. On the other hand, business interests may be enhanced by a statutory data protection regime. Many countries, especially in Asia, have developed or are currently developing data protection laws in an effort to promote electronic commerce. These countries recognise that consumers are uneasy with the increased availability of their personal data, particularly with new means of identification and forms of transactions, and therefore that their personal information is being utilised worldwide. Data privacy laws are therefore being introduced, not from a human rights perspective, but rather as part of a package of laws intended to facilitate electronic commerce by setting up uniform rules.
It should be noted that the promulgation of data protection legislation in South Africa will necessarily result in amendments to other South African legislation, most notably the Promotion of Access to Information Act 2 of 2000 and the Electronic Communications and Transactions Act 25 of 2002. Both these Acts contain interim provisions regarding data protection in South Africa.
Whether privacy and data protection should be regulated by legislation.
How the general principles of data protection could be developed and incorporated in the legislation.
Whether a statutory regulatory agency should be established.
If it is a viable option to promote a flexible approach in terms of which industries will develop their own codes of practice (in accordance with the principles set out in the legislation) which could be overseen by the regulatory agency.
The issues raised need to be debated thoroughly. The issue paper states questions which have presented themselves as relevant to the investigation. The manner in which the investigation will further progress will primarily depend on the response received to the paper.
The issue paper is obtainable free of charge from the Commission on request.
A questionnaire is also available in interactive format on the Commission=s web page at http://www.law.wits.ac.za/salc/salc.html thereby enabling respondents to submit their contributions to the Commission directly via e-mail.
<fn>GOV-ZA.2003Prj125MediaEn.2012-02-10.en.txt</fn>
The South African Law Reform Commission hereby releases its issue paper on prescription periods for general information and comment. No comprehensive review of all the provisions providing for different prescription periods - whether of a contractual or delictual nature - has been undertaken. When reporting on the Bill which subsequently became the Legal Proceedings Against Certain Organs of State Act 40 of 2002, the Portfolio Committee on Justice and Constitutional Development recommended that the Minister for Justice and Constitutional Development be approached to request the Commission to include in its programme an investigation into the harmonisation of the provisions of existing laws providing for different prescription periods. An investigation into the review of prescription periods was subsequently included in the Commission's programme.
The purpose of this issue paper is to announce the investigation, to clarify the aim and extent of the investigation, and to call for suggestions for solving existing problems. A questionnaire is included in the issue paper.
Should different prescription periods be retained or should different periods of prescription be avoided as far as possible?
Are all or some of the different prescription periods in section 11 of the Prescription Act justified?
Are all or some of the different prescription periods in other legislation justified?
Should there be special protection for public authorities regarding prescription?
If it is decided that there should be one uniform prescription period for all or most cases, how long should this period be?
Should it be allowable to contract out of the legislative prescription regime or to modify it by agreement?
The scope of this review is limited to prescription periods. Is there a need to review other aspects of prescription or prescription in general?
The issue paper is obtainable free of charge from the Commission upon request.
E-mail: tcronje@salawcom.org.za or ljankie@salawcom.org.
The issue paper has been made available on the Internet at the following address: http://www.law.wits.ac.za/salc/salc.
E-Mail: tcronje@salawcom.org.za or ljankie@salawcom.org.
<fn>GOV-ZA.2003Prj59MediaEn.2012-02-10.en.txt</fn>
The South African Law Reform Commission has approved a Report containing recommendations and a proposed draft Bill on the recognition of Islamic marriages. The Report has been submitted to the Minister for Justice and Constitutional Development on 22 July 2003 for consideration and promotion in Parliament.
Historically, and until the landmark 1999 Supreme Court of Appeal decision in Amod v Multilateral Motor Vehicle Accidents Fund, a marriage contracted according to Islamic law was regarded by South African courts as null and void and as being contrary to public policy, with the result that the marriage and its consequences were not legally recognised in any form. The decision in Amod, however, recognised a monogamous Islamic marriage for the purposes of support only, and did not deal with other crucial issues such as polygyny and the status of respective spouses, maintenance obligations, proprietary consequences of Islamic marriages, termination, etc. More recently, in its decision in Daniels v Campbell NO and Others of June 2003, the Cape of Good Hope Provincial Division of the High Court found that parts of the Intestate Succession Act and the Maintenance of Surviving Spouses Act are unconstitutional in that those Acts, in their definitions of "spouse" and "survivor" respectively, do not specifically provide for a husband or wife married in accordance with Muslim rites. However, legislation giving full recognition to such marriages is absent, with the result that gross inequities and hardships arising from the non-recognition of Islamic marriages still prevail.
The Law Reform Commission published a Discussion Paper in December 2001, preceded by an Issue Paper published in July 2000. The Discussion Paper contained a proposed draft Bill which would give recognition to Islamic marriages, and a process of consultation with the Muslim community was conducted on a national scale. The draft Bill now contained in the Report to the Minister, which takes account of divergent views within the Muslim community, marks the Law Reform Commission's completion of its investigation.
The Bill contained and explained in the Report draws a clear distinction between an Islamic marriage and a civil marriage. It is only Islamic marriages that would fall within the ambit of the Bill, with provision being made for Muslims who are married by way of a civil marriage, to exercise an option to have the provisions of the Bill apply to them. Provision is also made for the regulation of proprietary consequences, changes to matrimonial property systems (with due regard to existing and vested rights) and the regulation of polygynous marriages. In terms of the draft Bill all existing Islamic marriages would be recognised as valid marriages, for all purposes, upon commencement of the proposed legislation. Parties in an existing marriage are, however, given the option of opting out of the provisions of the Bill, should they so desire. With regard to future marriages concluded after the proposed legislation has come into operation, parties would be allowed to elect at the time of the conclusion of the marriage whether the provisions of the Bill should apply to them. The draft Bill covers both monogamous and polygynous Islamic marriages which, if applicable, may exist alongside a civil marriage (ie a marriage registered under the Marriage Act).
It is further recommended that, because the judges of secular courts are by and large non-Muslims, a judge be appointed from the ranks of existing Muslim judges or from Muslim legal practitioners to preside in legal disputes on an ad hoc basis, and that, on appeal, the views of two accredited Muslim institutions may be solicited for purposes of commenting on questions of law. The courts may also be assisted by assessors who are experts in Islamic law in the adjudication of all disputes relating to Islamic law. The appointment of assessors means that the court presiding over a dispute involving Islamic law would have the necessary expertise to resolve such disputes effectively.
In the Commission's view the adoption of its proposed draft Bill by Parliament will go a long way in creating legal certainty with regard to Muslim marriages, will give effect to Muslim values and will afford better protection to women in those marriages in accordance with Islamic and constitutional tenets.
<fn>GOV-ZA.2003V8n1JanEn.2012-02-10.en.txt</fn>
In terms of the Judicial Matters Amendment Act, 2002, the South African Law Commission Act 19 of 1973 has been amended to effect a change of name to the South African Law Reform Commission.
The number of persons who appear to the President to be fit for appointment as Commissioners has been increased from "six persons" to "not more than eight persons".
The period of review covered by the Commission's annual report has been changed from a calendar year to a financial year (1 April - 31 March).
The Issue Paper deals with the need for the extension of the ambit of the Protected Disclosures Act No 26 of 2000 (the PDA).
The PDA purports to protect employees from the victimisation of employers.
A disclosure is protected only if it has been made in accordance with the provisions of the PDA. Specific categories to whom protected disclosures may be made are identified in the PDA. Disclosures made outside the requirements of the PDA are not protected. All the disclosures under the PDA are confined to the relationship between employer and employee in the public and private sectors. The PDA does not provide protection to disclosures outside the employer/employee relationship.
Whistle blowers who intend using the provisions of the PDA to conceal their own involvement in criminal activities are not protected. Where a law has been contravened, the PDA does not protect the employee from criminal prosecution or civil liability to third parties. Thus there is no exclusion of civil or criminal liability for making a protected disclosure.
The PDA does not provide for a remedy where an employee has been victimised as a result of a protected disclosure. In terms of the PDA, there are no offences in terms of which an employer would be committing an offence by unlawfully subjecting an employee to victimisation, and an employee would be committing an offence by making a false disclosure or by making a disclosure without knowing or believing it to be true.
In relation to all these concerns regarding the expansion of the ambit of the PDA, the Commission publishes the Issue Paper as the first step in public consultation in this investigation. The Issue Paper is presented in the form of a questionnaire. Its purpose is to provide persons and bodies wishing to comment or make suggestions and proposals for the reform of the PDA with background information.
The closing date for comment on Issue Paper 20 is 28 February 2003.
The Issue Paper deals with the need for consolidated legislation which will promote international co-operation in civil matters.
The present position is that, subject to certain statutory exceptions, a foreign judgment is not directly enforceable in South Africa. The common law procedures are expensive, time-consuming and complex. In response to this the legislature enacted various pieces of legislation providing for international co-operation in civil matters. This is achieved by way of designation of countries under the different pieces of legislation.
To date only a few countries have been designated under the various pieces of legislation for the purpose of co-operation in civil matters. The introduction of statutory enforcement procedures was intended to overcome the cumbersome common law procedures but these have proved unsuccessful. For example, in respect of judgments relating to money, Namibia is the only country designated under enabling regulations as a country with reciprocal enforcement procedures.
The necessary pieces of legislation exist in our statute book but are not achieving their purpose. The first possible reason is that there are too many statutes governing this area, thereby complicating rather than facilitating the process of co-operation. The second possible reason is that the relevant statutes operate on the basis of designation of foreign countries thereby excluding most countries from their application.
The Issue Paper sets out the various pieces of legislation and the limited extent of their application thereby highlighting their shortcomings and inadequacies. There is a dire need to review existing legislation in this area especially in the light of South Africa's trade and other relations with foreign countries. It is clear that current statutory enforcement has limited scope thereby rendering it ineffective. The Issue Paper seeks ways to remedy this problem.
The closing date for comment on Issue Paper 21 is 28 February 2003.
The Issue Papers are available on request and are free of charge.
The Issue Papers are also available on the Internet at www.law.wits.ac.za/salc/salc.
The report and draft Bill on sexual offences cover both the substantive and procedural law relating to sexual offences and follows on extensive consultations. The report contains the final recommendations of the Commission and includes a proposed Bill on Sexual Offences.
The report specifically addresses the growing and complex problems relating to rape and sexual abuse in South Africa. The intention is to encourage victims of sexual violence to use the criminal justice system, to improve the experiences of those victims who choose to enter the system, and to increase the conviction rate whilst at the same time giving due regard to the rights accorded to alleged perpetrators of sexual offences. These recommendations are divided into legislative and non-legislative recommendations.
In the course of this investigation the Commission has established that despite mounting public and official concern about sexual offences and rape, South Africa has no clear strategy for dealing inclusively with child and adult victims of sexual offences, either on a primary, preventative level or on a secondary, protective level. It has found, for example, that standards of service vary greatly. In order to ameliorate these and related basic service dilemmas the Commission has made detailed non-legislative recommendations for the attention of critical role players within the criminal justice system and auxiliary services relating to their spheres of responsibility. Aspects addressed are, among others, resourcing, inter-sectoral co-operation, training, awareness raising, and capacity building.
A codification of the common law offence of rape. This offence addresses the unlawful and intentional penetration of a person by the genital organs of one person into the anus or genital organs of another person.
The creation of the related offences of sexual violation and oral genital sexual violation. These offences respectively provide for the unlawful and intentional use of an object to penetrate a person's anus or genital organs; and the penetration of a person's mouth by a person or animal's genital organs.
Rather than to rely on the absence of consent to the sexual act, the Commission recommends that penetrative sexual acts (rape, sexual violation and oral genital sexual violation) will be deemed to be unlawful if coercive or fraudulent circumstances are present or if circumstances exist in which a person is incapable in law to appreciate the nature of the act.
The Commission is of the opinion that intentional non-disclosure by a person that he or she is infected by a life-threatening sexually transmissible infection in circumstances in which there is a significant risk of transmission of such infection to that person prior to sexual relations with another (consenting) person amounts to sexual relations by false pretences and would therefore constitute rape.
Confirmation that a marital or other relationship is not a defence to the offence of rape, sexual violation or oral genital sexual violation.
The creation of the offence of promoting a sexual offence with a child where a person manufactures or distributes an article that promotes a sexual offence with a child or where a person sells, supplies or displays to a child an article which is intended to perform a sexual act.
The decriminalisation of offences relating to children and mentally impaired persons who are prostitutes and in certain circumstances children benefiting from child prostitution, for example siblings in a child-headed household. A child is defined as a person younger than 18 years of age.
The explicit criminalisation and severe penalisation of all role-players involved in child prostitution and the prostitution of mentally impaired persons. This offence targets pimps, clients, brothel-keepers and all other role-players involved in the commercial sexual exploitation of children.
The organisation or promotion of child sex tours is specifically prohibited. This provision criminalises the actions of both persons and bodies that facilitate such tours within or to South Africa in any way, whether by making travel arrangements for potential perpetrators or advertising such tours.
A provision is included which allows for extra-territorial jurisdiction in respect of all offences under the Act and not only those committed in relation to children. This means that the provisions contained in the Sexual Offences Bill will be made applicable to South Africans travelling abroad.
The state is to provide appropriate medical care, treatment and counselling to persons who have sustained physical, psychological or other injuries as the result of an alleged sexual offence.
The Commission has critically assessed the rules of evidence and procedure which govern and/or are applied in sexual offence trials.
o The creation of a category of vulnerable witnesses which will include all complainants and child witnesses in sexual offence cases and which will afford them new protective measures, in addition to protective measures already provided for in the Criminal Procedure Act, 1977 (such as in camera hearings, the appointment of intermediaries and the use of closed-circuit television). The new protective measures would include the appointment of a support person to assist the witness during the trial as well as at pre-trial procedures.
o The abolition of the cautionary rule in relation to complainants in sexual offence cases and children, which currently requires or allows that such evidence should or can be treated with caution.
o A court may upon conviction of a sexual offender subject him or her to a drug and alcohol rehabilitation order where it appears that the offender may benefit from treatment for the misuse of alcohol and drugs.
o A court may declare a sex offender a dangerous sexual offender and place him or her under long term supervision. Sex offender orders may prohibit a person convicted of a sexual offence from acting in a way that may cause harm to others, from frequenting specified locations and from contacting specified persons.
o The increase of the penalties for persons contravening the prohibition against publication of information or revealing the identities of complainants and witnesses in sexual offence cases.
From the outset the Commission interpreted its mandate as going beyond the confines of the present Child Care Act, 1983, to include all statutory, common, customary and religious law affecting children.
The general principles underpinning the draft Bill, including the best interests of the child standard are defined; children's rights and responsibilities are enumerated; and it is recommended that the age of majority be advanced to 18 years.
The diversity of family forms in South Africa; the shift from parental power to parental responsibility; the acquisition and loss of parental responsibility by persons other than biological parents; co-exercise of parental responsibilities and rights; and the termination of parental responsibility are dealt with.
Aspects such as legitimacy of children; and the status of children born of artificial insemination and surrogate motherhood are considered.
The draft Bill grants a new status and a wider jurisdiction to the existing children's courts in an effort to improve the experiences of children going through the formal system.
Early childhood development and prevention and early intervention services are recognised as vitally important components of the child protection system.
Formal measures for the protection of children from abuse and neglect are a central focus of the draft Bill. The draft Bill considers legal provisions and interventions which are designed to deal with children in especially difficult circumstances and situations in which specific children are being harmed, or are at immediate risk of harm, through abuse or neglect. Reporting of children in need of care and protection is made mandatory for certain professionals and voluntary for any other person. Elaborate provisions are made in respect of a national child protection register.
Partial care; shelters and drop-in centres; children in alternative care, foster care and care by relatives; adoption; and residential care are issues that are dealt with.
International issues affecting children are addressed. These include, inter alia, inter-country adoptions; trafficking of children across borders; child abductions; and refugee children.
Issues of grants and social security for children are addressed; and the introduction of a monitoring system in the form of a children's protector to ensure the effective implementation of the draft Children's Bill is proposed.
a child grant be payable on a universal basis in respect of all children in need of care and protection.
The draft Bill makes specific provision for inter-sectoral implementation of the Act through a national policy framework to be prepared by the Minister for Social Development. Such framework must reflect core components of the national strategy to secure the protection and well-being of all children in the Republic, performance indicators to measure progress with the achievement of objectives, and measures to ensure adequate funds for securing such protection and well-being of all children.
The report contains draft legislation which is aimed at establishing customary courts and consolidating the different provisions governing chiefs courts.
The administration of justice in rural South Africa is predominantly carried out by chiefs courts, which administer justice largely on the basis of customary law. The operation of these courts is governed by a number of statutes, both of the old South Africa (Black Administration Act 38 of 1927) and of the former homelands and self-governing territories. The continued operation of homeland statutes is sanctioned by item 2 of Schedule 6 of the 1996 Constitution. The President has by proclamation assigned these laws to the relevant provinces.
There is a need to consolidate the different provisions governing these courts and to modernise them so that their operation is in conformity with the principle of democracy and other values underlying the Constitution. Following a request from the Minister of Justice that the matter be expedited, the Commission solicited donor funding and appointed a specialist to develop a position paper along certain guidelines suggested by the Minister. These guidelines included the need for the paper to propose practical solutions, to avoid being overly academic, to draw on legislation in other African countries, and to use existing Departmental materials such as the deliberations and resolutions of the numerous workshops on the subject and Constitutional Assembly documents embodying the submissions and views of the traditional leaders themselves over the years.
To this end, a discussion paper entitled "Traditional Courts and the Judicial Function of Traditional Leaders" was published in May 1999 and circulated for general information and comment. Comments and representations were received by the Commission from traditional leaders, academics, magistrates, womens groups and other interested persons.
Country-wide workshops were held during the period 9 June to 13 July 1999 in all the provinces that have traditional leaders and traditional structures, namely the Eastern Cape, Free State, KwaZulu-Natal, Mpumulanga, North West and Limpopo (formerly, Northern Province). These workshops were well attended with most stakeholders represented. On 9 September 1999 an academic workshop entitled Customary Courts organised jointly by the Centre for Indigenous Law (UNISA) and the Congress of Traditional Leaders of South Africa (CONTRALESA) in cooperation with the Commission, was held in Pretoria. Sixteen presentations were made at the workshop.
A concern was, however, raised with the Commission that women had not been sufficiently represented at these workshops. After discussions on the matter between the Law Commission, the Commission on Gender Equality, the Centre for Applied Legal Studies and the National Land Committee, it was decided to host more workshops and consultations with womens groups to solicit their views on the operation of traditional courts. Workshops with women and womens groups were held between 7 and 20 September 1999, in KwaZulu-Natal, Limpopo, Eastern Cape and North West provinces. The workshops and consultations concentrated on rural women and field workers active in the rural development context who would provide a perspective different to that advanced by traditional leaders.
It is clear that wide consultation with stakeholders took place and many written submissions were made to the South African Law Commission on the discussion paper. The Commission also had the benefit of considering numerous precedents set by other African countries. The task team set up by the project committee on customary law to draft a Bill on customary courts had a wealth of information to guide its deliberations. This report attempts to convey a sense of the discussions and debates that took place in the different fora during this process and to express the dilemmas faced by the project committee and the Commission in choosing whatever options have eventually been adopted in the draft Bill.
The Bill recommends that customary courts should be established and that they should have full powers of hearing and determining cases in both criminal and civil matters subject to limitations. The project committee noted that customary courts are inexpensive, simple, informal, accessible and conversant with the community and its laws. It is recommended that Headmens tribunals which are currently not recognised as courts should be granted formal recognition.
On the question of the composition of customary courts, the Bill recommends that they should continue to be presided over by traditional leaders. However, to avoid gender discrimination, the Bill provides that in constituting the court effect shall be given to section 9(3) of the Constitution and section 8 of the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 as to the need for the reasonable representation of both men and women in such institutions.
In civil matters, customary courts should have jurisdiction over cases arising out of customary law. Issues relating to dissolution of marriage (whether customary or civil), custody and guardianship of minors, or maintenance, are excluded from the jurisdiction of these courts. As far as criminal jurisdiction is concerned, customary courts can handle offences which were committed in the area of the courts jurisdiction except offences listed in the Schedule attached to the Bill. A monetary ceiling on the jurisdiction of customary courts will be fixed by the Minister from time to time.
Legal practitioners are excluded from these courts. However, a person who is a party to a matter before a customary court may be represented by any other person of his or her choice in accordance with customary law.
The Bill also provides for the establishment of the office of a Registrar for Customary Courts. The role of the Registrar for Customary Courts should be to guide and supervise customary courts, deal with complaints from members of the public about the operation of customary courts, consider the needs of customary courts, arrange for the training of members and clerks of customary courts and where necessary, transfer cases from one customary court to another.
A litigant who is dissatisfied with a decision of a customary court has a right of appeal to a higher customary court and subsequently to a customary court of appeal (if one is established) or to a magistrate's court and then to the High Court.
The Reports are available on the Internet at http://www.law.wits.ac.za/salc/salc.
An investigation into the Review of Administration Orders has been included in the Commission's programme.
The matter has become a burning issue with serious problems being experienced in practice. In its report on the related topic of insolvency, the Commission made minor recommendations regarding administration orders but did not investigate administration orders in detail. With developments in the micro-lending industry, administration orders have led to considerable problems and people being abused by so-called "loan sharks" and others. Section 74 is not adequate to deal with the problems.
The public is invited to submit proposals for law reform to the Commission and to give information in respect of any of the projects of the Commission.
<fn>GOV-ZA.2003febEn.2012-02-10.en.txt</fn>
Min.
<fn>GOV-ZA.2003part2amalariaEn.2012-02-10.en.txt</fn>
Malaria research was first started at the MRC, Research Institute for Diseases in Tropical Environment in Durban in 1980. The Malaria Research Programme (initially know n as the National Malaria Research Programme) w as established in 1982. The programme extended the initial focus from malaria vector research to insecticide evaluations and research on the malaria parasites including drug resistance in malaria.
1.9 In conclusion: Given the commitment by government there is no reason to believe that malaria in South Africa cannot again be reduced to low levels if not completely eradicated by the effective use of appropriate insecticides and effective drugs, and sustained in the longer term through a regional approach to control. The latter is a first for the African continent and is timely in view of the World Health Organisation's "Roll Back Malaria" Initiativ e.
Malaria; http://www.f ightingmalaria. org/pdf s /ddt_t hef acts.
Africa, Journal in English & French. http://www.chez.
http://www.who.int/healthtopics/malaria.htm malaria (2000).
Notes, Volume 3. No. 5.
Malaria in pregnancy.
Brooke BD et al. Anopheles funestus resistant to pyrethroid insecticides in South Africa, Med Vet Entomol. 2000 Jun; 14(2): 181-9.
Policy Spring (Sept-Nov) 2001; http://www.cis.org.au/Policy/Spring01/Policy Spring01_1.
Malaria Control Policy in South Africa- Latestversion.
Pamphlets on Malaria control Programme.
Posters in local languages.
3.1 List ofdrugs in accordance withthe EssentialDrugsList.
4.3 Staff knows the highest transmission period (e.g. Oct-May) and its relation to rainfall and abnormal seasonal patterns.
(e.g. Mozambique) and is thus capable of making early diagnosis to offer rapid treatment.
4.7 Staff treatssuspected uncomplicated malaria as permalaria protocol.
4.10 Staffrepeats blood test if negative andsymptoms persist.
5.1 All children afterinitial treatment with tepidspongingand rehydration.
5.3 Patientswith symptoms of severeandcomplicatedmalaria (recordingblood glucose, weightand what treatment if any alreadygiven onthe referralform).
Patients withskin reactions to treatment.6.
All patients receive in high risk areas health education on preventative measures: use of impregnated bed nets/curtains, use of repellents on skin, aerosols, coils, vaporisers with insecticides, use of prophylactic drugsand aboutcontinuing precautions allyear.
6.2 Clinicstaffdiscusses the purpose ofvector controlmeasures and housespraying and larvalcontrol in endemic areas, reasons for active detection of cases andtreatment in homes by malaria control field teams.
7.1 Patients records arekept up to date.
<fn>GOV-ZA.2003part3cholerainflzaEn.2012-02-10.en.txt</fn>
Epidemics of Influenza occur during the winter months nearly every year and are responsible for many deaths per year (e.g. approximately 20,000 inthe United States alone)1. Influenza viruses can also cause global pandemics, during which rates of morbidity and mortality from influenzarelated complications can increase dramatically. Influenza viruses cause disease in all age groups.2 Rates of infection are highest among children, but rates of serious morbidity and mortality are highest among personsaged 65 years and above and persons of any age who have medical conditions that place them at high risk for complications from influenza.
InfluenzaA and B are the two types of influenza viruses that cause epidemic human disease. Since 1977, influenza A (H1N1) viruses, influenza A (H3N2) viruses and influenza B viruses have been in global circulation. A person's immunity to the surface antigens, especially haemaglutinin, reduces the likelihood of infection and the severity of disease if infection occurs. 5 The constant development of antigenic variants through antigenic drift is the virologic basis for seasonal epidemics and the reason for incorporation of one or more new virus strains in each year's influenza vaccine.
Cases of influenza are seen each year in the health facilities but because influenza is not a notifiable medical condition, it has not attracted adequate attention. Systematic data is not readily available at national level to support planning process for this condition, but is available at various health facilities. There is seasonality of cases especially during the winter period (May - July). The possibility of crow ding during w inter can be favourable for the transmission of the disease.
Whilst influenza is not notifiable in South Africa, an outbreak occurred between May and June 2003 at the Pretoria Police College, Gauteng that precipitated a multisectoral response. The National Department of Health (NDOH), Gauteng Department of Health (GDH), private sector hospital groups (Netcare, Afrox), National Health Laboratory Service (NHLS) and the South African Police Service (SAPS) worked together to curb the spread and limit the severity of the disease.
Based on data available at the SAPS training college, suspected outbreaks of influenza of varying magnitude have previously (2000/01) been reported at the college. On average, 30% of all medical consultations during the intake periods betw een May 2001 andJune 2002 were due to influenza. How ever, most of these w ere mild moderate symptoms of flu, cough w ith fewer complications (e.g., pneumonia) during thewinter months.
Department of Health. There w as concern about the quick spread of the disease and the severity of some cases, which had already been hospitalised at three private hospitals in the city.
The National Outbreak Response Team and the provincial teams were quickly mobilised to participate in control efforts together w ith the relevant stakeholders including the college and SAPS, the 3 private hospitals and the NHLS.
Met and held meetings with epidemic control committee members and Director of the college.
Assessed the situation and recommended appropriate intervention measures for management and control of the outbreak at the college and the province as a whole.
Visited the affected areas (studentdormitories) as w ell as the hospitals that managed patients.
Feedback to epidemic control committee members, provincial DOH, students as w ell as instructors at the college.
A Joint Epidemic Control Committee (Public and private sectors including national and provincial Department of Health) was set up. The team met everyday to review the process, monitor and evaluate implementation of epidemic control measures. Five operational subcommittees w ere set up i.e., case management, surveillance, health education, prevention and communication.
The college w as quarantined and the sick students isolated from the healthy ones.
Classes were suspended for a week to minimise risk of further spread of the disease.
All non-essential large gatherings including sports w ere suspended.
Environmental health monitoring of buildings especially ventilation and hygiene w ere undertaken.
Good hygiene, particularly hand washing wasre-emphasised.
The importance of education and information in the control of this viral infection w as emphasised to the students as well as the general population. The symptoms and signs of the diseasewere highlighted and a hotline provided for assistance to the general public as well as referrals. In addition, the panic associated w ith the outbreak particularly among the students and parents w as also addressed.
Daily press releases.
Compiled pamphlets on Control/prevention of influenza.
Communicated with the parents of the students about the situation and steps being taken to control the outbreak.
Technical information was shared in the daily meetings at the SAPS training college.
Besides the students already affected, all other members of the college (students; instructors, support staff andtheir families) identified as close contacts werevaccinated with Vaxigrip to minimise further spread of the disease.
Because the vaccine takes about tw o weeks before acting, these contacts were counselled and provided information before being given Amantidine (symmetrel) 100mg perday. Altogether a total of 1188 persons were vaccinated and given prophylaxis in a period of tw o and a half hours (total of 16 persons per health worker and a total of 13 persons per minute). This high level of efficiency is because of the availability of appropriate capacity; vaccinations are part of Emergency care practitioner training.
The SAPS Training College is located in the Western part of Pretoria. The College w hich had for the first time admitted a large number of students, about 2000 (previous intakes, batches of less than 1000) had just reopened on 25th May 2003. The students are selected from all over the country and training lasts about 6 months. The students reside in ten dormitories at the closed campus. Male students predominate, 1321 (69%) of total intake. The training covers both class sessions and outdoor rigorous physical exercises organized in platoons.
The first tw o days at the college coverregistration and orientation. On arrival at the college, the students are registered in the gymnasium, which is surrounded by a student's dormitory on the one side and the mess (dining hall) on the other side. During theregistration period students are given numbers, allocated dormitories, platoon numbers and other items for the training. Those covered spend the rest of the time either in the dormitories, around the canteen or the sports ground close to the instruction buildings w ithin the campus w here there is a lot of interaction among the students.
Data available and reviewed at the SAPS training college reveals that suspected outbreaks of influenza of varying magnitude have previously (2000/01) occurred at the college. On average, 30% of all medical consultations during the intake periods between May 2001 and June 2002 were due to influenza.
How ever, most of these w ere mild moderate symptoms of flu, cough w ith fewer complications (e.g.
Detailed information on the cases was not readily available, how ever, it isknown that the students were neither immunised against influenza nor placed in quarantine. Similar strains of Influenza type A and C had previously been in circulation.
Table2.1: Medical consultations at SAPS training college hospital.
2002 May 595 565 37.
Source: South African Police Service, Pretoria West Training College Hospital.
2.7 INVESTIGATION OF MAY-buildings, see Figure 2.1. By day 6 a JUNE 2003 OUTBREAK cumulative number of 22 influenza Two initial cases recordedwereonthe caseshad been reportedin these four25th May 2003 (one residing in building buildings. Building number 7 was the number 7 and the other not indicated). most affected follow ed by 4 and 2, see By day four of the epidemic, the figure 2.2 below.
Blood tests taken on admission during the period 1-6th June 2003; cardiac enzymes, creatininekinase was higher(200-350) in 3 of the initial 4 cases, the normal range 26-190 IU/L and CK-MB in 1 of these cases (normal range 0.05.0). Further laboratory tests, methods used and the results are described below.
A total of sixteen specimens (throat swabs and bronchial lavages) were taken from patients in two of the hospitals where students were admitted (6 from Pretoria East hospital and ten from SAPS college hospital). These w ere sent to the National Institute for Communicable Diseases (NICD) and tested positive for influenza H3 by a multiplex nested PCR. The positive specimens were sequenced from the A/Panama/2007/99 vaccine strain.
There wasno significantdrift andthere is no evidence that the genetic changes in the H3N2 isolates received are associated w ith antigenic changes sufficient to render the available vaccine ineffective. This was critical when deciding on the use of the vaccines as the strains in vaccines had to match those of the influenza virus in circulation.
This outbreakfolloweda recent report of the first two influenza A H3N2 viruses that w ere detected at NICD, South Africa this season (isolated on 23rd and 26th May, 2003). The haemaglutinin HA1 subunit of these 2 isolates on sequencing appear to have drifted genetically from the A/Panama/2007/99 vaccine strain, with fifteen amino acid changes relative to vaccine strain. However, the South African strains share the characteristic changes at residues 155 (histidine to threonine) and 156 (glutamine to histidine) seen in someof the recent viruses globally 6.
The "Index" case w as on the 25th May2003. There w as a gradual rise in the number of new cases, and this peaked on 4th June 2003 and gradually declined. The rise observed onJune, was possibly due to reaction to the vaccine, and increased awareness prompting more students to seek medical care. The last case w as observed on the 9th June 2003, see Figure 2.3 below.
As on 9th June 2003, the cumulative number of cases was 695 (36% of all students) with no deaths. Most affected students w ere male 73.9%, age group between 25 and 27 years, which corresponds to the average age atrecruitment, see Figure2.4below.
When comparing sex, males were more at risk of getting the disease than females (p value < 0.005). However, this could be due to the fact that males are over-represented in the general student population. The risk of getting the disease as a result of crowding especially in places of residence (dormitories w ith 34 students per room) in comparison to residing in less crow ded dormitories (Berede Hof and short incubation period, it is possible Heide Hof with 2 students per room) that transmission could have occurred was not statistically significant (p valueduringformal interactions (e.g.
0.629 at 95% CI. Given the high platoons and other informal contagiousness of influenza and the interactions e.g., in mess etc.
Platoon 40,44and 48werenot affected. Distribution in the restof other platoons, see Figure 2.6 below.
Source: NDOH, Health Systems Research, Research Coordination & Epidemiology & Communicable Diseases Control -South Africa.
Attack rates by residence and platoon Males were at higher risk of were assessed. Dormitory 6 (Males), contracting disease (Table 2.1).
and dormitory 3 for the female students were the most affected.
Dormitor y No. Of occup ants Sex No. Of cases Attack rate/100 population.
Platoon 39 was most affectedand in all follows; 144 were well, majority 178 these platoons, males were the most (about 50%) was improving and only 5 a higher risk in platoon 39 (Table 2.3).
Platoon Capacity of No. Of cases Attack rate /100 popn.
Specimens were received in3 batches on 3 June processed and tested by the Polymerase Chain Reaction (PCR) assay. This test increases the amount of viral genetic material that was originally present in the specimen. The PCR products w ere run on a gel to identify whether the virus was influenza A subtype H1 or H3. The results were obtained w ithin 24 hours.
The specimens w ere cultured to grow the viruses. The HA gene was sequenced to determine changes from the A/Panama/2007/99 vaccine strain. This showed that the Pretoria "outbreak" virus was different to the vaccine strain at the genetic level. The SA viruses were similar to those seen in some European countries that had flu outbreaks in March 2003.
The PCR is a rapid, sensitive and specific test to detect influenza virus directly from throat swabs. Molecular tests (sequencing the viral HA gene) showed that all the Pretoria outbreak viruses w ere the same.
Crowding especially in the buildings of residence, most of the buildings are dormitory style with 30-34 occupants per large room.
A case of influenza was defined as: sudden onset of high fever, muscle pains, sore throat, dry cough and coryza.
June 2003, a total number of 1150 medical consultations were made by the 695 cases. Of these cases 97 (14%) w ere admitted into various hospitals while the majority (66%)was managed on an outpatient basis, see Table 2.4.
Table2.
Total 97 598 laboratory findings (raised cardiac The initial cases presented with severe enzymes, serum myoglobulin, serum myalgia, headache, high fever, dry phosphate, urine myoglobin, Ccough and coryza and an impression reactive protein, urea and electrolytes, of viraemia/meningitis w as made. Due low magnesium and calcium) to the severity of symptoms, abnormal suggestive of damage to muscles and kidney function, patients were referred to hospitals outside the college for specialised management. These patients w ere managed on antibiotics and strong analgesics; cough mixtures as well as supportive treatment. In order to minimize exacerbation of symptoms and complications, physicalexercises at the college were temporarily suspended. Besides the few cases of pneumonia (possibly due to influenza virus infection or secondary bacterial pneumonia) and myositis, there w ere no other complications such as myocarditis, encephalitis etc. How ever, it is not clear to what extent influenza virus might have triggered the other diseases such as otitis media, sinusitis (non-specificity of symptoms).
The most common presentations were; cough, flu and headache. Flu represents a combination of symptoms (figure: 2.6). Fever was not a common symptom. It is possible several other cases of common cold could have been recorded based on the broadness of the case definition.
The average incubation period for influenza is 3-5 days.
(the reporting day at college) and a few others on day 2 and 3 of the outbreak indicates possible infection prior to residing at the college. The subsequent cases are likely to have acquired infection at the col ege. The crow ding especially in the male dormitories might have contributed to high incidence rate in this category. The disease spectrum ranged from mild/asymptomatic cases to severe forms necessitating admission. The teamw ork exhibited by both SAPS training college administration, the private and public sectors is highly commended. These efforts among others contributed to the quick controlof the epidemic and abated any fatality.
Outbreaks in closed communities e.g., residential institutions, colleges etc can be prevented by influenza vaccination before the commencement of the w inter season (ideally during April). Individuals w ho are at risk and who have not yet been vaccinated should be encouraged to receive influenza vaccine as soon as possible.
Before and during outbreak periods, health education must be strengthened to enhance epidemic preparedness and response.
Epidemic preparedness plans have to be available at all levels (provincial, district, health facility) and ensure timely implementation.
Implementation of the Integrated Disease Surveillance and Response (IDSR) strategy, including laboratory surveil ance. Conditions of epidemic potential and public health importance should be addressed.
Students are encouraged to get flu vaccines in particular before reporting to college in May. The college should make arrangementsto support those who may not be able to do so at college. This should avert future outbreaks, w hich subsequently interfere w ith college work.
A policy on vaccinations must be developed especially for infectious and epidemic potential diseases particularly in institutions.
There is need for strengthening general measures for prevention and control of communicable diseases.
The DOH should continue to strengthen private public partnerships in EPR activities to maximize from the existing potential.
Influenza is not a notifiable medical condition but a disease of public health concern. During May (Week 20) the first influenza type A (H3N2) w as isolated from sporadic cases in other parts of the country and an outbreak of influenza A (H3N2) in the SAPS residences college in May/June (week 23-25). A well-coordinated multisectoral involvement is critical in the control of this highly contagious disease.
The large cholera epidemic that broke out in August 2000 in the local area of Ndabayanke near Ngwelazane in the sub-district; Lower Umfolozi, Uthungulu district later spread to other districts within KwaZulu-Natal and other provinces in South Africa. By July 2001 the disease had affected 106 389 people with 229 deaths. Seven out of 9 provinces w ere affected. Subsequent epidemics have declined in terms of magnitude and duration (18 224 cases with 122 deaths during August 2001 to December 2002). Since the beginning of 2003, a cumulative total of 3 777 cases with 40 deaths has been reported to the national Department of Health from five of the nine provinces in the country.
Cholera outbreaks persist in spite of knowledge of definite causative organism, the modes of transmission, risk factors and a seasonal tendency. Regional variations have been observed in South Africa and occurrence of the disease in the neighbouring provinces/countries poses a challenge to control in the Southern Africa region particularly given the largely focused disease control programmes.
This report covers aspects of the management process, lessons learnt, constraints and opportunities for strengthening control of cholera, other diarrhoeal diseases of epidemic potential and public health importance. The aim is to draw lessons from this experience to enhance current control measures and guide future planning.
Communicable diseases constitute a major burden (56.4%) of diseases in developing and underdeveloped countries (1). Water-borne diseases are amongst the most recent emerging and re-emerging infectious diseases in the world that add to this burden. Of these, the most common disease in developing countries including South Africa are diarrhoeal diseases particularly cholera, dysentery, typhoid and other rotavirus infections. There is also an increase of parasites responsible for enteric diseases.
The World Health Organisation (WHO) has reported that the burden of water-borne diseases is most felt in all African countries, especially in the rural parts of the region. The prevalence of common diarrhoea varies, being higher among young children who are most vulnerable. According to a WHO report of 1996 an estimated 3 million deaths occur among children under 5 years old every year and ranked second among all causes of disease burden worldw ide(3).
<fn>GOV-ZA.2003pr90mediaEn.2012-02-10.en.txt</fn>
Government to embark on Imbizo Focus Week, 6 13 Ap?
The National Focus Week, from 6 to 13 April, will intensify interactive communication around local programmes of action to promote effective and speedy implementation of the Accelerated Shared Growth Initiative of South Africa (AsgiSA) as well as other government programmes.
URL: http://www.info.gov.za/speeches/2006/06040614451004.
<fn>GOV-ZA.2003prj130En.2012-02-10.en.txt</fn>
After an extensive consultation with other role players in the criminal justice system, a dedicated Investigative Directorate for Organised Crime and Public Safety was established and for the first time police investigators are guided by skilled prosecutors on a day-to-day basis. The Department also introduced in Parliament the Prevention of Organised Crime Act which was passed by Parliament last year.
<fn>GOV-ZA.2003prj96mediaEn.2012-02-10.en.txt</fn>
The South African Law Reform Commission has approved a Report containing recommendations and a proposed draft Bill on the Apportionment of Damages Act 34 of 1956 ("the Act"). The Report has been submitted to the Minister for Justice and Constitutional Development on 22 July 2003 for consideration and promotion in Parliament.
The major application of the 1956 Act has been in the field of delictual claims and mostly in the area of motor vehicle accidents. Where a plaintiff claims to have suffered loss and the court finds that he or she was also negligent and that his or her negligence contributed to the loss, the Act requires the court to reduce the damages to which the plaintiff is entitled as the court thinks just and equitable having regard to the degree to which the plaintiff was at fault in relation to the loss. The Act also regulates the position where two or more persons (joint wrongdoers) have caused the same loss to another person (the injured person or plaintiff).
The Act has been severely criticised over the years. Since the Act was passed there have been major developments in the law. There is an urgent need for the Act to be changed to keep abreast with these developments.
Under the Act fault is the sole criterion of apportionment. The courts have interpreted fault to mean negligence and to exclude intentional wrongdoing. The South African Law Reform Commission advocates a broader basis for apportionment and recommends that fault should be one of a wide range of relevant factors which the courts are to consider in attributing responsibility for loss. The draft Apportionment of Loss Bill ("the Bill") contained in the Report requires the courts to attribute the responsibility for the loss suffered in proportions that are just and equitable and gives the courts a wide discretion with regard to the method of determining appropriate proportions.
As a result of fault being the sole criterion of apportionment under the Act, the courts have interpreted the Act as being applicable to delictual claims only. They have generally regretted that they have been obliged to do so. With the broader basis for apportionment advocated in the draft Bill, it is possible to extend apportionment to other areas of the law. The Commission supports the application of the draft Bill to all cases covered by the definition of "wrong" which has been widely defined in the Bill to include a breach of a statutory or other legal duty and a breach of a duty of care arising from a contract. The Bill therefore applies to contractual claims where there is liability for breach of a duty of care owed in contract, to breaches of statutory duty and to cases of strict liability in delict and can also be applied to breaches of fiduciary duty including breaches of trust.
Each joint wrongdoer is fully liable to the injured person for the full amount of his or her damages. The injured person may sue any one of the joint wrongdoers for the full amount of his damages. A joint wrongdoer (J1) who has paid the injured person's damages in full may thereafter recover a contribution from the other joint wrongdoer (J2) of the amount for which the latter is responsible. The Commission considered whether this system of joint and several liability should be changed to one where each wrongdoer was responsible for his or her share of the damages and decided that the rule should not be changed at this stage. The purpose of the rule is to ensure full compensation to the injured person even though it might be to the detriment of the wrongdoer.
The present procedure for proceeding against joint wrongdoers is inadequate and in urgent need of reform. The Bill proposes a more efficient and streamlined procedure. While rejecting the abolition of the principle of joint and several liability, the Commission recognises the hardship that the rule may cause. The Commission has therefore proposed measures to liberalise the law of contribution in order to improve the position of the joint wrongdoer. Hardship may be caused to a joint wrongdoer (J1) who cannot recover a contribution from the other joint wrongdoer (J2) because the latter is insolvent or cannot be found. The Commission recommends that provision should be made for the joint wrongdoer (J1) to apply for a secondary judgment having the effect of distributing the deficiency among the other defendants at fault in such proportions as may be just and equitable.
<fn>GOV-ZA.2003sepEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2003statataglance2En.2012-02-10.en.txt</fn>
Gr. 10 Gr. 11 Gr.
National Public Independent Both Female Total Female Total Female Male Total 555 368 1 073 009 12 322 23 205 567 690 528 524 1 096 214 386 265 714 638 11 935 22 082 398 200 338 520 736 720 246 334 452 048 12 538 23 021 258 872 216 197 475 069 1 187 967 2 239 695 36 795 68 308 1 224 762 1 083 241 2 308 003 12 959 33 860 525 1 405 13 484 21 781 35 265 415 736 309 631 724 643 1 367 13 374 34 596 834 2 036 14 208 22 424 36 632 3 572 300 7 318 159 76 188 152 317 3 648 488 3 821 988 7 470 476 2 124 609 4 072 814 60 644 114 068 2 185 253 2 001 629 4 186 882 5 696 909 11 390 973 136 832 266 385 5 833 741 5 823 617 11 657 358 5 869 922 11 744 013 151 233 294 909 6 021 155 6 017 767 12 038 922 1 Free State: Pre-Grade R learners not included in the SNAP Survey. 2 North West: LSEN are included in the different grades.
In 2003, as indicated in Figure 6, there were fewer females than males in Grades 1 to 6, whilst the opposite was true for Grades 7 to 12. Grade 12 females (54.5%) accounted for the highest female enrolment in all the grades. The lowest female enrolment was for LSEN (38.2%).
Gr. 2 9.2 7.5 8.3 8.1 7.9 8.2 Gr. 5 9.
Figure 9 shows that, of every 100 learners in ordinary schools in 2003, almost 11 were enrolled in Grade 1 and almost four were enrolled in Grade 12.
Limpopo 1 823 017 1 845 265 1 816 189 1 839 079 1 816 852 -0.3 53 712 55 139 57 511 56 263 54 298 1.1 4 071 4 198 4 631 4 763 4 251 4.
Mpumalanga 930 624 911 779 903 997 914 353 914 739 -1.7 25 856 26 741 24 513 25 141 25 515 -1.3 1 927 2 115 1 926 1 934 1 926 -0.
Source: 1999-2003 SNAP Surveys (conducted on the 10th school day).
Note 1: Percentages with a negative sign denote a decrease.
Data for Gauteng educators were adjusted as indicated in footnote 3 below Table 1.
Table 5 shows that, from 1999 to 2003, the number of independent learners in ordinary schools nationally increased from 1.8% to 2.4%, a net increase of 33.3%.
Gauteng, increasing from 7.1% in 1999 to 8.3% in 2003, a net increase of 16.9%. The highest net increase between 1999 and 2003, namely 166.7%, occurred in the Eastern Cape.
As reflected in Table 5, from 1999 to 2003, the national average learner-to-educator ratio at ordinary schools in South Africa decreased from 33.7 to 33.2, a net decrease of 1.5%. Five provinces (the Eastern Cape, KwaZulu-Natal, Limpopo, Mpumalanga, and North West) showed a net decrease from 1999 to 2003, while the Northern Cape indicated the highest net increase, namely, 8.3%.
Table 5 shows that, from 1999 to 2003, the national average learner-to-school ratio at ordinary schools in the country remained at 448 learners per school. From 1999 to 2003, the Eastern Cape showed the highest net decrease (8.8%), followed by Limpopo (4.7%). The school backlogs were also higher in these two provinces than in other provinces. The Free State showed the highest increase from 1999 to 2003 (16.9%). This could be due to the rationalisation of small schools and the closure of small farm schools in the province.
Province Gender Primary and Secondary (Gr. 1-12) School Bands (Gr.
Eastern Cape Female Male Total 117 111 114 106 102 104 99 96 98 101 97 99 101 97 99 -13.7 -12.6 -13.2 1.05 1.04 1.03 1.04 1.03 -1.9 109 103 106 96 93 94 -11.9 -9.7 -11.3 1.06 1.03 -2.
Free State Female Male Total 109 108 109 102 103 102 97 98 97 94 94 94 91 92 92 -16.5 -14.8 -15.6 1.00 1.00 0.99 1.00 1.00 0.0 103 102 103 88 88 88 -14.6 -13.7 -14.6 1.01 1.00 -1.
Gauteng Female Male Total 101 101 101 95 97 96 92 94 93 91 93 92 90 93 92 -10.9 -7.9 -8.9 1.00 0.99 0.98 0.98 0.97 -3.0 93 93 93 86 88 87 -7.5 -5.4 -6.5 1.00 0.98 -2.
KwaZulu-Natal Female Male Total 105 107 106 97 99 98 96 98 97 94 97 95 93 95 94 -11.4 -11.2 -11.3 0.98 0.98 0.98 0.97 0.98 0.0 98 100 99 89 91 90 -9.2 -9.0 -9.1 0.98 0.98 0.
Limpopo Female Male Total 103 102 103 102 102 102 97 98 97 96 97 97 94 96 95 -8.7 -5.9 -7.8 1.01 1.00 0.99 0.99 0.98 -3.0 97 96 96 92 94 93 -5.2 -2.1 -3.1 1.01 0.98 -3.
Mpumalanga Female Male Total 106 107 107 101 103 102 99 101 100 97 99 98 94 97 95 -11.3 -9.3 -11.2 0.99 0.99 0.98 0.98 0.96 -3.0 100 101 100 88 92 90 -12.0 -8.9 -10.0 0.99 0.96 -3.
North West Female Male Total 102 102 102 97 98 97 94 95 94 93 94 94 91 93 92 -10.8 -8.8 -9.8 1.00 0.99 0.99 0.98 0.98 -2.0 95 95 95 85 86 86 -10.5 -9.5 -9.5 1.00 0.98 -2.
Western Cape Female Male Total 96 94 95 92 91 91 89 88 89 87 87 87 86 86 86 -10.4 -8.5 -9.5 1.02 1.01 1.01 1.00 1.00 -2.0 91 89 90 82 82 82 -9.9 -7.9 -8.9 1.02 1.00 -2.
National Female Male Total 105 105 105 99 99 99 96 96 96 95 95 95 93 94 94 -11.4 -10.5 -10.5 1.01 1.00 1.00 0.99 0.99 -2.0 98 98 98 89 90 90 -9.2 -8.2 -8.2 1.00 0.99 -1.
Source 1: 1999-2003 SNAP Surveys (conducted on the 10th school day).
Source 2: Published mid-year population estimates for 2001-2002 and, provisional, mid-year population estimates for 1999, 2000 and 2003, Statistics South Africa (29 October 2003).
Free State n.a. Ljweleputswa 1 2 142 94 609 54 761 4 541 0 78 199 156 053 3 266 5 079 483 11 494 n.a.
Note 1: Data are for ordinary schools only and include learners in Pre-Grade R, Grade R and LSEN at these schools.
Note 3: Owing to a shortage of space, the male figures for learners and educators are intentionally omitted.
Region District Learner Enrolment Educators Schools n.a. East Rand East 244 3 539 116 573 68 396 304 0 93 931 189 056 3 786 5 275 194 25 219 n.a. East Rand West 537 5 379 170 461 100 152 448 0 139 602 276 977 5 701 7 848 262 43 305 n.a. Gauteng North 157 1 131 17 467 6 465 21 3 12 625 25 244 527 764 51 13 64 n.a.
Source: 2003 SNAP Survey (conducted on the 10th school day).
Note 1: Data are for ordinary schools only and include learners in Pre-Grade R, Grade R and LSEN at these schools. Data excludes learners, educators and institutions associated with stand-alone ECD sites and ELSEN (special) schools.
Note 2: n.a. = not applicable.
Pre-Gr. R Gr. R Primary (Gr. 1-7) Secondary (Gr.
Central (cont.
Ehlanzeni n.a.
Gert Sibande n.a.
Total n.a. 1 995 13 884 556 584 341 844 432 0 453 670 914 739 16 128 25 515 1 841 85 1 926 n.a. Atamelang 0 0 28 626 14 552 3 0 21 239 43 178 830 1 384 121 0 121 n.a. Klerksdorp 59 1 004 66 719 39 882 3 0 53 781 107 664 2 227 3 439 190 10 200 n.a. Mothibistad 0 34 29 760 16 829 3 0 23 114 46 623 1 114 1 648 184 0 184 n.a.
Higher education: 2003 HEMIS database.
Including learners and educators associated with pre-primary classes at primary schools.
Higher education institutions include universities and technikons.
The Gauteng public school educators do not tally with Table 1. See footnote 3 of Table 1.
The KwaZulu-Natal ABET data are for 2002.
Eastern Cape Female Male Total 35 067 27 390 62 457 56.1 43.9 2 2 4 0.0 0.0 0.0 35 065 27 388 62 453 14 484 10 501 24 985 41.3 38.3 40.0 17 396 14 119 31 515 49.6 51.6 50.5 3 185 2 768 5 953 9.1 10.1 9.5 20 581 16 887 37 468 58.7 61.7 60.
Free State Female Male Total 12 256 11 400 23 656 51.8 48.2 0 0 0 0.0 0.0 0.0 12 256 11 400 23 656 2 697 2 043 4 740 22.0 17.9 20.0 6 940 6 578 13 518 56.6 57.7 57.1 2 619 2 779 5 398 21.4 24.4 22.8 9 559 9 357 18 916 78.0 82.1 80.
Gauteng Female Male Total 36 920 31 365 68 285 54.1 45.9 0 0 0 0.0 0.0 0.0 36 920 31 365 68 285 6 988 5 676 12 664 18.9 18.1 18.5 21 137 18 562 39 699 57.3 59.2 58.1 8 795 7 127 15 922 23.8 22.7 23.3 29 932 25 689 55 621 81.1 81.9 81.
KwaZulu-Natal Female Male Total 51 910 45 457 97 367 53.3 46.7 92 65 157 0.2 0.1 0.2 51 818 45 392 97 210 11 801 10 332 22 133 22.8 22.8 22.8 29 081 26 109 55 190 56.1 57.5 56.8 10 936 8 951 19 887 21.1 19.7 20.5 40 017 35 060 75 077 77.2 77.2 77.
Limpopo Female Male Total 37 583 31 320 68 903 54.5 45.5 0 0 0 0.0 0.0 0.0 37 583 31 320 68 903 12 677 8 007 20 684 33.7 25.6 30.0 19 024 16 174 35 198 50.6 51.6 51.1 5 882 7 139 13 021 15.7 22.8 18.9 24 906 23 313 48 219 66.3 74.4 70.
Mpumalanga Female Male Total 21 101 17 931 39 032 54.1 45.9 0 2 2 0.0 0.0 0.0 21 101 17 929 39 030 9 387 6 943 16 330 44.5 38.7 41.8 9 365 8 495 17 860 44.4 47.4 45.8 2 349 2 491 4 840 11.1 13.9 12.4 11 714 10 986 22 700 55.5 61.3 58.
North West Female Male Total 19 029 16 538 35 567 53.5 46.5 4 3 7 0.0 0.0 0.0 19 025 16 535 35 560 5 974 4 531 10 505 31.4 27.4 29.5 10 288 9 328 19 616 54.1 56.4 55.2 2 763 2 676 5 439 14.5 16.2 15.3 13 051 12 004 25 055 68.6 72.6 70.
Western Cape Female Male Total 21 655 17 095 38 750 55.9 44.1 0 0 0 0.0 0.0 0.0 21 655 17 095 38 750 3 040 1 941 4 981 14.0 11.4 12.9 12 903 10 543 23 446 59.6 61.7 60.5 5 712 4 611 10 323 26.4 27.0 26.6 18 615 15 154 33 769 86.0 88.6 87.
National Female Male Total 238 859 201 408 440 267 54.3 45.7 98 73 171 0.0 0.0 0.0 238 761 201 335 440 096 67 396 50 208 117 604 28.2 24.9 26.7 128 479 112 003 240 482 53.8 55.6 54.6 42 886 39 124 82 010 18.0 19.4 18.6 171 365 151 127 322 492 71.8 75.1 73.3 1 Candidates awaiting results are excluded in the calculation of the pass and failure rates.
In 2003, as indicated in Table 8, the overall national pass rate in the Senior Certificate examination for full-time candidates with six or more subjects was 73.3%. In all the provinces more females than males wrote the Senior Certificate examination. However, in relative terms, as indicated in Table 8 and Figure 10, the national pass rate of male candidates (75.1%) was higher than the pass rate of female candidates (71.8%). A similar trend was seen in all provinces, except in KwaZulu-Natal. However, in all provinces there were more female candidates than male candidates who passed. Furthermore, Table 8 shows that the overall pass rate, by province, varied from 90.7% in the Northern Cape to 58.2% in Mpumalanga.
Source: Report on the 2003 Senior Certificate examination, Department of Education (30 December 2003). Note: The data exclude pending irregularities.
Note: Total refers to the weighted average between male and female.
Table 9 and Figure 11 show that, nationally, in 2003, 84.2%, 12.9% and 2.9% of all candidates passed with an ordinary pass, a merit pass and a distinction pass, respectively. Although Table 9 and Figure 11 show that, nationally, among candidates who passed with merit and distinction, the females performed better than the males, males performed better than females when one takes into account only the endorsement passes for each of the three pass types (raw data for endorsement passes not shown in this report).
Eastern Cape 905 910 13.5 6.2 28.4 20.9 27.0 27.8 15.1 22.7 16.0 22.4 1.5 1.1 5.1 6.
Free State 339 337 2.4 0.9 9.1 3.6 20.6 12.5 31.6 25.5 36.3 57.6 0.6 0.3 10.3 14.
KwaZulu-Natal 1 424 1 485 3.4 2.5 12.8 6.7 20.9 15.6 27.3 25.4 35.6 49.8 0.6 1.3 8.0 9.
Mpumalanga 411 415 4.1 2.2 23.8 21.2 33.6 32.8 19.0 19.8 19.5 24.1 0.2 0.5 5.1 6.
North West 384 389 1.8 2.1 12.0 8.0 26.6 22.9 29.4 32.9 30.2 34.2 1.0 0.5 5.7 5.
Accounting HG 2002 24 081 17 099 41 180 22 736 9 276 18 392 76.4 13 620 79.7 32 012 77.7 2003 22 852 16 651 39 503 25 880 7 521 19 088 83.5 14 313 86.0 33 401 84.6 2003 49 055 37 605 86 660 44 225 18 549 35 756 72.9 27 018 71.8 62 774 72.
Biology SG 2002 107 735 92 272 200 007 104 156 44 585 77 807 72.2 70 934 76.9 148 741 74.
Mathematics SG 2002 121 489 104 035 225 524 96 302 24 629 59 726 49.2 61 205 58.8 120 931 53.6 2003 120 011 102 356 222 367 99 426 23 786 60 839 50.7 62 373 60.9 123 212 55.
Mathematics Total 2002 138 087 122 902 260 989 20 528 101 289 24 629 71 606 51.9 74 840 60.9 146 446 56.
HBUs Durban-Westville Fort Hare Medunsa North North West Transkei Venda Vista Western Cape Zululand Total/Averages for HBUs HWUs Cape Town Free State Natal Port Elizabeth Potchefstroom Pretoria Rand Afrikaans Rhodes Stellenbosch Witwatersrand Total/averages for HWUs UNISA Total/Averages for Universities 11 270 4 564 3 883 10 774 7 746 5 771 9 484 12 719 14 043 9 178 89 432 20 533 20 029 22 797 7 650 16 841 34 741 18 582 6 350 20 447 24 250 192 220 514 282 166 0 1 841 0 0 921 708 0 8 027 0 0 11 497 0 1 955 9 128 6 835 10 888 7 210 5 916 1 176 951 0 44 059 150 019 205 575 11 270 6 405 3 883 10 774 8 667 6 479 9 484 20 746 14 043 9 178 100 929 20 533 21 984 31 925 14 485 27 729 41 951 24 498 7 526 21 398 24 250 236 279 150 533 487 741 97 100 96 99 99 100 100 99 96 98 98 48 64 75 59 36 35 36 48 24 65 48 60 64 n.a. 100 n.a. n.a. 100 100 n.a. 100 n.a. n.a. 100 n.a. 41 90 99 77 97 96 99 94 n.a. 88 65 72 1. Universities 56 57 52 53 59 62 46 56 57 61 56 49 57 52 55 59 52 54 57 51 49 53 81 54 n.a. 87 n.a. n.a. 75 73 n.a. 65 n.a. n.a. 70 n.a. 37 64 69 65 72 69 69 83 n.a.
Abbreviations: HBU = historically black university, HWU = historically white university, HBT = historically black technikon, HWT = historically white technikon.
Note 1: In a headcount enrolment, full-time as well as part-time students are counted as units; i.e. no account is taken of the course loads carried by students.
Note 2: Contact students are those who are registered mainly for courses offered in contact mode.
Note 4: Black students, for the purpose of this summary table, include African, Coloured and Indian students.
Note 5: SET majors = majors in science, engineering and technology. These include majors in engineering, health sciences, life sciences, physical sciences, computer sciences and mathematical sciences.
Note 7: Humanities majors include majors in education, languages and literary studies, fine arts, music and the social sciences.
Note 9: Durban Institute of Technology is a new technikon, into which ML Sultan Technikon and Natal Technikon were merged in 2002. The new technikon has, for purposes of these data, been classified as an HBT.
Note 10: Numbers and percentages may not necessarily add up, owing to rounding off.
ChB, BFA. Note 5: The category "below master's level" includes postgraduate and post-diploma diplomas, postgraduate bachelor's degrees, and honours degrees. Note 6: The Unisa total of occasional students includes 5 943 coded as "other". Note 7: Numbers and percentages may not necessarily add up, owing to rounding off.
HBUs Durban-Westville Fort Hare Medunsa North North West Transkei Venda Vista Western Cape Zululand Totals for HBUs HWUs Cape Town Free State Natal Port Elizabeth Potchefstroom Pretoria Rand Afrikaans Rhodes Stellenbosch Witwatersrand Totals for HWUs UNISA Totals for Universities 6 432 4 518 3 391 10 696 7 617 5 622 9 467 12 228 5 420 8 849 74 240 83% 5 483 11 670 8 324 3 315 5 005 9 874 4 440 2 249 1 884 11 421 63 665 33% 12 2% 137 917 49% 170 23 28 14 55 17 1 342 6 852 35 7 537 8% 2 923 829 715 918 804 521 694 300 2 498 612 10 814 6% 294 57% 18 645 7% 4 378 5 295 10 30 124 3 21 1 245 119 6 230 7% 1 477 350 8 151 260 246 1 641 1 545 472 481 3 651 18 274 10% 2 0% 24 506 9% 290 18 169 54 44 8 13 125 356 175 1 252 1% 10 555 7 180 5 591 3 157 10 588 22 705 11 903 3 329 15 584 8 562 99 154 52% 206 40% 100 612 36% 11 270 4 564 3 883 10 774 7 746 5 771 9 484 12 719 14 043 9 178 89 432 100% 20 533 20 029 22 797 7 650 16 841 34 741 18 582 6 350 20 447 24 250 192 220 100% 514 100% 282 166 100% 6 326 2 584 2 006 5 722 4 570 3 571 4 324 7 113 7 955 5 630 49 801 56% 10 142 11 368 11 814 4 207 10 019 18 184 10 108 3 623 10 365 11 879 101 709 53% 417 81% 151 927 53% 4 944 1 980 1 877 5 052 3 176 2 200 5 160 5 606 6 088 3 548 39 631 44% 10 391 8 661 10 983 3 443 6 822 16 557 8 474 2 727 10 082 12 371 90 511 47% 97 19% 130 239 47% 1.
Source: 2003 HEMIS database, November 2004.
Note 2: Distance students are those who are registered mainly for courses offered in distance mode.
Note 3: The totals in the table = total male + total female.
Figure 17 (see also Table 15) shows that, in 2003, 60% of all students in the public higher education system were African, 26% were White, 7% were Indian, and 6% were Coloured. The proportion of African students did however vary by sector and instruction mode. For example, African students accounted for a 49% share of contact programmes at universities and a 76% share of contact programmes at technikons. In 2003, African students had an overall share of 59% of contact programme enrolments and 67% of distance programme enrolments.
Note 1: These graduation rates serve as proxies for throughput rates of cohorts of students. A detailed account of benchmarks related to these graduation rates can be seen in The National Plan for Higher Education (Department of Education: 2001).
HBUs Durban-Westville Fort Hare Medunsa North North West Transkei Venda Vista Western Cape Zululand Totals for HBUs HWUs Cape Town Free State Natal Port Elizabeth Potchefstroom Pretoria Rand Afrikaans Rhodes Stellenbosch Witwatersrand Totals for HWUs UNISA Totals for Universities 3 604 1 086 2 702 2 731 1 679 1 374 2 142 2 516 3 150 1 960 22 944 32% 6 625 5 030 6 385 1 856 4 086 11 310 3 320 1 271 6 618 8 451 54 952 36% 0 77 896 35% 1 384 746 2 775 1 035 579 754 2 163 1 124 900 9 461 13% 2 788 2 073 3 597 955 2 302 5 576 4 709 791 2 844 2 655 28 291 19% 0 37 752 17% 391 74 9 1 448 714 806 598 769 754 1 756 7 320 10% 638 2 521 870 488 2 507 2 227 942 435 617 1 154 12 398 8% 0 19 719 9% 4 176 2 563 255 3 101 2 397 2 316 3 427 5 565 5 861 2 666 32 327 45% 7 049 5 443 6 581 2 694 4 729 8 525 6 702 2 822 6 335 6 158 57 037 37% 490 100% 89 854 40% 9 555 4 468 2 969 8 055 5 825 5 076 6 920 11 014 10 889 7 282 72 052 100% 17 101 15 066 17 433 5 992 13 622 27 639 15 673 5 319 16 414 18 418 152 678 100% 490 100% 225 220 100% 1.
Note 2: FTE contact students are those who are registered mainly for courses offered in contact mode.
Note 3: FTE distance students are those who are registered mainly for courses offered in distance mode.
Note 4: Definitions for fields of study employed here are the same as those employed in Table 13.
Note 5: The totals above include undergraduate and postgraduate courses.
Note 7: Adjustments have to be made to the 2003 distance totals for Unisa. The totals above are those for 2002.
Note 8: Numbers and percentages may not necessarily add up, owing to rounding off.
Universities Technikons Average for Public Institutions 70 69 69 71 77 73 80 76 79 85 82 85 3.
HBUs Durban-Westville Fort Hare Medunsa North North West Transkei Venda Vista Western Cape Zululand Totals for HBUs HWUs Cape Town Free State Natal Port Elizabeth Potchefstroom Pretoria Rand Afrikaans Rhodes Stellenbosch Witwatersrand Totals for HWUs UNISA Totals for Universities 345 190 413 342 184 170 268 430 448 242 3 032 779 517 1 058 267 531 1 524 432 334 809 448 6 699 1 090 10 821 539 400 389 431 228 158 271 428 589 254 3 687 1 487 558 1 747 375 705 1 285 701 541 1 319 589 9 307 1 906 14 900 149 57 443 135 208 189 216 88 109 190 1 784 244 298 329 128 291 587 239 353 363 109 2 941 171 4 896 77 66 66 76 90 93 88 49 60 65 70 17 13 4 18 8 11 13 13 11 60 20 23 34 97 85 63 87 96 98 97 69 94 79 86 56 16 68 33 10 20 28 45 26 94 42 44 53 100 100 100 100 100 100 100 97 100 99 100 97 96 99 93 91 89 91 100 99 100 95 100 97 1.
HBTs Border Durban Institute of Tech. Eastern Cape Mangosuthu North West Northern Gauteng Peninsula Totals for HBTs HWTs Cape Free State Port Elizabeth Pretoria Vaal Triangle Witwatersrand Totals for HWTs Technikon SA Totals for Technikons 146 544 173 147 107 227 214 1 558 345 145 248 550 308 383 1 979 176 3 71 117 616 165 161 189 269 341 1 858 411 272 334 882 374 379 2 652 860 5 370 21 132 21 151 69 180 72 646 119 199 66 244 249 244 1 121 70 1 837 52 58 90 78 89 63 71 68 20 15 14 15 32 26 21 38 41 79 84 93 88 98 85 96 89 52 38 46 34 55 55 45 51 61 100 99 100 100 100 100 100 100 97 90 94 98 98 99 97 97 98 2.
Universities Technikons Totals/Averages for Public Institutions 10 821 3 713 14 534 14 900 5 370 20 270 4 896 1 837 6 733 34 41 36 53 61 55 97 98 97 3.
Note 1: A permanent staff member is defined as an employee who contributes to an institutional pension or retirement fund.
Note 2: Instruction/research staff (also referred to as academic staff) are those who spend more than 50% of their official time on duty on instruction and research activities.
as well as all technical and office staff.
Mr Wimpie Barnard Head, EMIS Unit Private Bag X11341, Nelspruit, 1200 E-mail: wbarnard@nel.mpu.gov.za Tel.
Mr Danny Mothobi Head, EMIS Unit Private Bag X5020, Kimberley, 8301 E-mail: dmothobi@per.ncape.gov.za Tel.
(including ordinary schools with foundation, intermediate and senior phases.
(including mainstream schools with FET grades.
30 in every 100 people in South Africa were learners in the education and training system?
Dance Centre & PACOFS presents a Dance production incorporating ballet, tap, modern and hiphop.
Smomo Ndamoyi was born and raised in Bloemfontein.
Bloemshow and PACOFS join hands.
<fn>GOV-ZA.2003statataglanceEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2004012601En.2012-02-10.en.txt</fn>
The Ministry of Finance is delighted to announce the launch of the "Tips for Trevor" campaign, which enters its fifth year. The Tips for Trevor campaign allows members of the public to put forward comments and suggestions for the upcoming budget, which the Finance Minister Trevor Manuel will deliver toparliament on 18 February 2004.
Five years ago the Minister of Finance Trevor Manuel called on South Africans from all walks of life to put forward their suggestions of what they would like to see included in the Budget. The "Tips for Trevor" was first mooted after a national radio programme on SAfm invited its listeners to phone in and provide tips for the budget presented by Trevor Manuel. The National Treasury has since taken on the campaign which runs on its website throughout the year.
Before last year's speech more than 1500 South Africans from diverse corners of the country offered their advice to the Minister. Many gave technical advice on tax issues and spending while others found the time to think through innovative and creative suggestions. In Cape Town, an organisation in an area called Vrygrond went as far as organising a "Tips for Trevor" workshop to draw on suggestions from their community for the Minister. The Minister in his budget speech often make reference to the suggestions received because of the Tips for Trevor campaign, even mentioning a few of them during the speech. Last year, the Minister invited two members of the public who forwarded their Tips to the Minister to a meeting to discuss their suggestions.
Since the budget speech last year, some of the ideas put to the Minister include a freeze salaries and wages as a short term measure to job creation, higher taxes on guns and tax relief on school fees, amongst others.
The Minister will deliver his Budget speech on 18 February 2004 in parliament in Cape Town. He keenly awaits ideas and suggestions from all South Africans.
Members of the public are therefore invited to forward their "Tips to Trevor" and perhaps get a mention in this year's budget speech.
<fn>GOV-ZA.2004012801En.2012-02-10.en.txt</fn>
The benchmark bond, R150 (12,00%: 2004/05/06) will cease to exist on 28 February 2004.
The book-close period for the R150 is 30 January 2004. Investors in the R150 bond have until the 30th of January 2004 to split their investment into the R006 (2004), the R151 (2005) and R152 (2006) legs. The R006 will be redeemed on the 28th February 2004.
The Central Depository will transfer the remaining balance of the R150 bond to the National Treasury at the close of business on 27 February 2004. The National Treasury will redeem the R006 (2004) leg, and transfer back to the Central Depository the remaining two legs, the R151 and R 152.
The last settlement date for the R150 bond will be the 27th February 2004.
<fn>GOV-ZA.2004012En.2012-02-10.en.txt</fn>
To provide for the strengthening of measures to prevent and combat corruption and corrupt activities; to provide for the offence of corruption and offences relating to corrupt activities; to provide for investigative measures in respect of corruption and related corrupt activities; to provide for the establishment and endorsement of a Register in order to place certain restrictions on persons and enterprises convicted of corrupt activities relating to tenders and contracts; to place a duty on certain persons holding a position of authority to report certain corrupt transactions; to provide for extraterritorial jurisdiction in respect of the offence of corruption and offences relating to corrupt activities; and to provide for matters connected therewith.
[NB: Para. (g) has been deleted by s. 10 (2) of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will be put into operation by proclamation.
authorising the payment of money or delivery of any property; or evidencing the creation, transfer, surrender or release of any such right, the payment of money or delivery of any property or the satisfaction of any obligation.
For purposes of this Act a person is regarded as having knowledge of a fact if that person has actual knowledge of the fact; or the court is satisfied that the person believes that there is a reasonable possibility of the existence of that fact; and the person has failed to obtain information to confirm the existence of that fact, and 'knowing' shall be construed accordingly.
the general knowledge, skill, training and experience that may reasonably be expected of a person in his or her position; and the general knowledge, skill, training and experience that he or she in fact has.
offer to demand, ask for, seek, request, solicit, receive or obtain, any gratification.
offer to lend, grant, confer or procure, such gratification.
A reference in this Act to any act, includes an omission and 'acting' shall be construed accordingly.
A reference in this Act to any person includes a person in the private sector.
that amounts to any other unauthorised or improper inducement to do or not to do anything, is guilty of the offence of corruption.
that amounts to any other unauthorised or improper inducement to do or not to do anything, is guilty of the offence of corrupt activities relating to public officers.
diverting, for purposes unrelated to those for which they were intended, any property belonging to the state which such officer received by virtue of his or her position for purposes of administration, custody or for any other reason, to another person; or exerting any improper influence over the decision making of any person performing functions in a public body.
is guilty of the offence of corrupt activities relating to foreign public officials.
Without derogating from the generality of section 2 (4), 'to act' in subsection (1) includes the using of such foreign public official's or such other person's position to influence any acts or decisions of the foreign state or public international organisation concerned; or obtaining or retaining a contract, business or an advantage in the conduct of business of that foreign state or public international organisation.
that amounts to any other unauthorised or improper inducement to do or not to do anything, is guilty of the offence of corrupt activities relating to agents.
that amounts to any other unauthorised or improper inducement to do or not to do anything, is guilty of the offence of corrupt activities relating to members of the legislative authority.
influencing in any way, the election, designation or appointment of any functionary to be elected, designated or appointed by, the legislative authority of which he or she is a member or of any committee or joint committee of that legislative authority.
that amounts to any other unauthorised or improper inducement to do or not to do anything, is guilty of the offence of corrupt activities relating to judicial officers.
showing any favour or disfavour to any person in the performance of a judicial function; or exerting any improper influence over the decision making of any person, including another judicial officer or a member of the prosecuting authority, performing his or her official functions.
that amounts to any other unauthorised or improper inducement to do or not to do anything, is guilty of the offence of corrupt activities relating to members of the prosecuting authority.
showing any favour or disfavour to any person in the performance of a function relating to the institution or conducting of criminal proceedings; or exerting any improper influence over the decision making of any person, including another member of the prosecuting authority or a judicial officer, performing his or her official functions.
Any person who is party to an employment relationship and who, directly or indirectly, accepts or agrees or offers to accept from any other person any unauthorised gratification, whether for the benefit of that person or for the benefit of another person; or who, directly or indirectly, gives or agrees or offers to give to any person who is party to an employment relationship any unauthorised gratification, whether for the benefit of that party or for the benefit of another person, in respect of that party doing any act in relation to the exercise, carrying out or performance of that party's powers, duties or functions within the scope of that party's employment relationship, is guilty of the offence of receiving or offering an unauthorised gratification.
evading legal process summoning that person to appear as a witness or to produce any record, document, police docket or other object at such trial, hearing or proceedings; or being absent from such trial, hearing or proceedings, is guilty of the offence of corrupt activities relating to witnesses and evidential material during certain proceedings.
be absent from such trial, hearing or other proceedings, is guilty of the offence of corrupt activities relating to witnesses and evidential material during certain proceedings.
as a reward for acting as contemplated in paragraph (a) , is guilty of the offence of corrupt activities relating to contracts.
with the intent to influence or affect, in any way, the result of an election conducted for the purpose of electing persons to serve as members of the legislative authority, is guilty of an offence.
withdraw a tender made by him or her for such contract; or a reward for acting as contemplated in paragraph (a) (i), (ii) or (iii), is guilty of the offence of corrupt activities relating to procuring and withdrawal of tenders.
an inducement to, personally or by influencing any other person so to act, award a tender, in relation to a contract for performing any work, providing any service, supplying any article, material or substance or performing any other act, to a particular person; or a reward for acting as contemplated in subparagraph (i); or with the intent to obtain a tender in relation to a contract for performing any work, providing any service, supplying any article, material or substance or performing any other act, gives or agrees or offers to give any gratification to any person who has made a tender in relation to that contract, whether for the benefit of that tenderer or for the benefit of any other person, as an inducement to withdraw the tender; or a reward for withdrawing or having withdrawn the tender, is guilty of the offence of corrupt activities relating to procuring and withdrawal of tenders.
as a reward for acting as contemplated in subparagraph (i), is guilty of the offence of corrupt activities relating to auctions.
carries into effect any scheme which constitutes a threat to or undermines the integrity of any sporting event, including, in any way, influencing the run of play or the outcome of a sporting event, is guilty of the offence of corrupt activities relating to sporting events.
in return for engaging in any conduct which constitutes a threat to or undermines the integrity of any gambling game or a game of chance, including, in any way, influencing the outcome of a gambling game or a game of chance; or as a reward for acting as contemplated in subparagraph (i); or carries into effect any scheme which constitutes a threat to or undermines the integrity of any gambling game or a game of chance, including, in any way, influencing the outcome of a gambling game or a game of chance, is guilty of the offence of corrupt activities relating to gambling games or games of chance.
Any public officer who, subject to subsection (2), acquires or holds a private interest in any contract, agreement or investment emanating from or connected with the public body in which he or she is employed or which is made on account of that public body, is guilty of an offence.
a public officer, whose conditions of employment do not prohibit him or her from acquiring or holding such interest; or in the case of a tender process, a public officer who acquires a contract, agreement or investment through a tender process and whose conditions of employment do not prohibit him or her from acquiring or holding such interest and who acquires or holds such interest through an independent tender process.
be absent from such trial, hearing or other proceedings, is guilty of the offence of unacceptable conduct relating to a witness.
makes or is privy to making any false entry in such book, document, account or electronic device; or omits or is privy to omitting any information from any such book, document, account or electronic device, is guilty of an offence.
enters into or causes to be entered into any dealing in relation to such property or any part thereof; or uses or causes to be used, or holds, receives or conceals such property or any part thereof, is guilty of an offence.
conspires with any other person; or aids, abets, induces, incites, instigates, instructs, commands, counsels or procures another person, to commit an offence in terms of this Act, is guilty of an offence.
may be the proceeds of such an offence, he or she may, prior to the institution of any asset forfeiture or criminal proceedings, under written authority direct that a particular Director of Public Prosecutions or a Special Director of Public Prosecutions, shall have the power to institute an investigation in terms of the provisions of Chapter 5 of the National Prosecuting Authority Act, 1998 (Act 32 of 1998), relating to such property.
the 'head of the Directorate of Special Operations' or an 'Investigating Director' shall be construed as a reference to a Director of Public Prosecutions or a Special Director of Public Prosecutions, as the case may be: Provided that for purposes of section 28 (2) (a) of the said Act, a Director of Public Prosecutions or Special Director of Public Prosecutions, may only designate a Deputy Director of Public Prosecutions; and a 'special investigator' shall be construed as to include a police official.
If property seized under any power exercised under subsection (1) consists of cash or funds standing to the credit of a bank account, the Director of Public Prosecutions or a Special Director of Public Prosecutions who has instituted the investigation under that subsection shall cause the cash or funds to be paid into a banking account which shall be opened with any bank as defined in section 1 of the Banks Act, 1990 (Act 94 of 1990), and the Director of Public Prosecutions or a Special Director of Public Prosecutions shall forthwith report to the Financial Intelligence Centre the fact of the seizure of the cash or funds and the opening of the account.
The National Director, or any person authorised in writing thereto by him or her (hereinafter referred to as the applicant), may apply to a judge in chambers for the issuing of an investigation direction in terms of subsection (3).
A judge in chambers may upon an ex parte application made to him or her in terms of subsection (1), issue an investigation direction.
indicate the period for which the investigation is required.
such investigation is likely to reveal information, documents or things which may afford proof that such a standard of living is maintained through the commission of corrupt activities or the proceeds of unlawful activities or that such pecuniary resources or properties are instrumentalities of corrupt activities or the proceeds of unlawful activities.
may specify conditions of restriction relating to the conducting of the investigation; and may be issued in respect of any place in the Republic.
An application must be considered and an investigation direction issued without any notice to the suspect to whom the application applies and without hearing that suspect: Provided that where any previous investigation direction has been issued in respect of a suspect, the applicant may only apply for a further investigation direction in respect of that suspect on the same facts, after giving reasonable notice to the suspect concerned.
A judge considering an application may require the applicant to furnish such further information as he or she deems necessary.
Provided that any person from whom a book or document has been taken under paragraph (b) or (c) (iv), may, as long as it is in the possession of the person conducting the investigation, at his or her request be allowed, at his or her own expense and under the supervision of the person conducting the investigation, to make copies thereof or to take extracts therefrom at any reasonable time.
The law regarding privilege as applicable to a witness summoned to give evidence in a criminal case in a magistrate's court shall apply in relation to the questioning of a suspect or any person referred to in subsection (4): Provided that such a person shall not be entitled to refuse to answer any question upon the ground that the answer would tend to expose him or her to a criminal charge.
No evidence regarding any questions and answers contemplated in paragraph (a) shall be admissible in any criminal proceedings, except in criminal proceedings where the person concerned stands trial on a charge contemplated in subsection (7) (b) , or in section 319 (3) of the Criminal Procedure Act, 1955 (Act 56 of 1955).
(9), (10) (b) and (11) of the National Prosecuting Authority Act, 1998 (Act 32 of 1998), relating to the conducting of an investigation and the execution of a warrant in terms of those provisions, apply, with the necessary changes, in respect of an investigation conducted in terms of subsection (4).
when he or she is asked in terms of subsection (4) for information or an explanation relating to a matter within his or her knowledge, refuses or fails to give that information or explanation or gives information or an explanation which is false or misleading, knowing it to be false or misleading, shall be guilty of an offence.
that amounts to any other unauthorised or improper inducement to do or not to do anything.
the omission to arrest, detain or prosecute any person for an alleged offence; or the investigation of an alleged offence, it is not necessary to prove that the accused person believed that an offence contemplated in paragraphs (a) to (c) or any other offence had been committed.
accepted or agreed or offered to accept, or gave or agreed or offered to give the gratification without intending to perform or not to perform the act in relation to which the gratification was given, accepted or offered; or failed to perform or not to perform the act in relation to which the gratification was given, accepted or offered.
section 28 (6) (b) , is liable to a fine of R250 000 or to imprisonment for a period not exceeding three years.
A person convicted of an offence referred to in section 21, is liable to the punishment laid down in subsection (1) for the offence which that person attempted or conspired to commit or aided, abetted, induced, instigated, instructed, commanded, counselled or procured another person to commit.
In addition to any fine a court may impose in terms of subsection (1) or (2), the court may impose a fine equal to five times the value of the gratification involved in the offence.
Notwithstanding anything to the contrary in any law, a magistrate's court shall be competent to impose the penalty provided for in subsection (1) (a) (iii), (1) (c) , or (3). [Sub-s. (4) added by s. 35 of Act 66 of 2008.
in the case of section 23 (7) (b) , how he or she acquired the property or resources concerned; or in the case of section 34 (2), why he or she failed to report in terms of section 34 (2).
any other order of the court consequent thereupon, be endorsed on the Register.
the conviction, sentence and any other order of the court consequent thereupon, be endorsed on the Register.
partner, manager, director or other person knew or ought reasonably to have known or suspected that such other enterprise was involved in the offence concerned.
Whenever the Register is endorsed as contemplated in paragraph (a) , (b) or (c) , the endorsement applies, unless the court directs otherwise, to every enterprise to be established in the future, and which enterprise will be wholly or partly controlled or owned by the person or enterprise so convicted or endorsed, and the Registrar must, in respect of every such enterprise, endorse the Register accordingly.
Where a court has issued an order under subsection (1), the registrar or clerk of such court must forthwith forward the court order to the Registrar and the Registrar must forthwith endorse the Register accordingly.
(b) , (c) or (d) , from making any offer or obtaining any agreement relating to the procurement of a specific supply or service.
A restriction imposed under paragraph (a) only comes into effect after any appeal against the conviction or sentence or both has been finalised by the court: Provided that if the appeal court sets aside, varies or amends the order referred to in subsection (1), the National Treasury must, if necessary, amend the restrictions imposed under paragraph (a) accordingly.
(i), it may, in addition to any other legal remedy, recover from the person or enterprise any damages incurred or sustained by the State as a result of the tender process or the conclusion of the agreement; or which the State may suffer by having to make less favourable arrangements thereafter.
may at any time vary or rescind any restriction imposed under subsection (3) (a) (i) or (ii); and must, when the period determined in terms of subsection (3) (a) (ii) expires, remove the particulars of the person or enterprise concerned, from the Register.
all Government departments, of any resolution or decision relative to such restriction or the amendment or rescinding thereof, and request such authorities and departments to take similar steps.
(a) Any person whose particulars, conviction and sentence have been endorsed on the Register as contemplated in this section and who has been notified as contemplated in subsection (5) (a) , must in any subsequent agreement or tender process involving the State, disclose such endorsement, conviction and sentence.
Any person who fails to comply with paragraph (a) , is guilty of an offence.
'Register' means the Register established under section 29.
Within six months after the commencement of this Chapter, the Minister of Finance must establish a register, to be known as the Register for Tender Defaulters, within the Office of the National Treasury.
The Minister of Finance must designate a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, as Registrar.
The Registrar must, subject to the provisions of section 28 and this Chapter, exercise and perform his or her powers, duties and functions subject to the control and directions of the National Treasury.
manage the Office of the Registrar; and carry out the duties and perform the functions assigned to him or her by section 28, this Chapter or the National Treasury or any other law.
The Register is open to the public as prescribed.
Regulations made in terms of subsection (1) may, in respect of any contravention thereof or failure to comply therewith, prescribe as a penalty a fine or imprisonment for a period not exceeding 12 months.
any other matter which the Minister may consider necessary to prescribe in order to achieve the objects of section 28 and this Chapter.
Any person who holds a position of authority and who knows or ought reasonably to have known or suspected that any other person has committed an offence under Part 1, 2, 3 or 4, or section 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2; or the offence of theft, fraud, extortion, forgery or uttering a forged document, involving an amount of R100 000 or more, must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official.
Subject to the provisions of section 37 (2), any person who fails to comply with subsection (1), is guilty of an offence. [Date of commencement of sub-s. (2): 31 July 2004.
Upon receipt of a report referred to in subsection (1), the police official concerned must take down the report in the manner directed by the National Commissioner, and forthwith provide the person who made the report with an acknowledgment of receipt of such report.
The National Commissioner must within three months of the commencement of this Act publish the directions contemplated in paragraph (a) in the Gazette.
Any direction issued under paragraph (b) , must be tabled in Parliament before publication thereof in the Gazette.
any other person who is responsible for the overall management and control of the business of an employer; or any person contemplated in paragraphs (a) to (i) , who has been appointed in an acting or temporary capacity.
is a company, incorporated or registered as such under any law, in the Republic; or any body of persons, corporate or unincorporated, in the Republic.
person is found to be in South Africa; and person is for one or other reason not extradited by South Africa or if there is no application to extradite that person.
at the place where the accused is ordinarily resident; or at the accused person's principal place of business.
Where a person is charged with conspiracy or incitement to commit an offence or as an accessory after the offence, the offence is deemed to have been committed not only at the place where the act was committed, but also at every place where the conspirator, inciter or accessory acted or, in case of an omission, should have acted.
The laws specified in the Schedule are repealed or amended to the extent indicated in that Schedule.
All criminal proceedings which immediately prior to the commencement of this Act were instituted in terms of the provisions of the Corruption Act, 1992 (Act 94 of 1992), and which proceedings have not been concluded before the commencement of this Act, shall be continued and concluded, in all respects, as if this Act had not been passed.
An investigation or prosecution or other legal proceedings, in respect of conduct which would have constituted an offence under the Corruption Act, 1992, and which occurred after the commencement of that Act but before the commencement of this Act, may be concluded, instituted and continued as if this Act had not been passed.
Notwithstanding the repeal or amendment of any provision of any law by this Act, such provision shall, for the purpose of the disposal of any investigation, prosecution or any criminal or legal proceedings contemplated in subsection (2) or (3), remain in force as if such provision had not been repealed or amended.
This Act is called the Prevention and Combating of Corrupt Activities Act, 2004, and shall, subject to subsection (2), come into operation on 27 April 2004 or on such earlier date as the President may determine by proclamation in the Gazette.
Section 34 (2) shall come into operation on 31 July 2004.
'(b) interest in the cause, bias, malice or the commission of an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, on the part of the presiding judicial officer;'.
'(a) interest in the application, bias, malice or the commission of an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, on the part of any member of the board;'.
PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT 12 OF 2004 Page 36 of 48 involving dishonesty or in connection with the promotion, formation or management of a company, and has been sentenced therefor to imprisonment without the option of a fine or to a fine exceeding one hundred rand.'.
extortion, the accused may be found guilty of the crime or offence so proved.'.
'Any offence relating to exchange control, extortion, fraud, forgery, uttering, theft, or any offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004-'.
'(iii) if he or she has at any time been convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, an offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, any offence involving dishonesty or in connection with the formation or management of a co-operative or company and sentenced therefor to imprisonment without the option of a fine or to a fine exceeding two hundred rand;'.
Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, theft, fraud, forgery or uttering of a forged document or perjury, and was sentenced in respect thereof to imprisonment without the option of a fine;'.
''(b) interest in the cause, bias, malice, or the commission of an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, on the part of the commissioner; and'.
'(iii) any person who has at any time been convicted of theft, fraud, forgery or uttering a forged document, perjury, any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence involving dishonesty or in connection with the formation or management of a company or a corporation, and has been sentenced therefor to imprisonment for at least six months without the option of a fine; and'.
PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT 12 OF 2004 Page 38 of 48 convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence involving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine or to a fine exceeding R100; or'.
Act 80 of 1991 Public Accountants' and Auditors' Act 1.
'(b) if he or she has at any time been convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence involving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine or to a fine exceeding R300;'.
('b) if he or she has at any time been convicted (whether in the Republic or elsewhere) of theft, fraud, forgery or uttering a forged document, perjury, any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence involving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine or to a fine exceeding R300; or'.
'(b) interest in the cause, bias, malice or the commission of an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, on the part of the mediator or the presiding adjudicator, as the case may be; and'.
'(b) has at any time been convicted of extortion, bribery, any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or sections 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, theft, fraud, forgery or uttering a forged document knowing it to be false or perjury and has in respect thereof been sentenced to imprisonment without the option of a fine or to a fine exceeding R1 000;'.
'(i) in the Republic, of theft, fraud, forgery and uttering a forged document, perjury or an offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or'.
Act 209 of 1993 Local Government Transition Act, 1993 1.
PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT 12 OF 2004 Page 40 of 48 aforementioned offences of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, committed by any person, shall forthwith be reported by the chief executive officer or the council, as the case may be, to the South African Police Service.'.
'is prima facie of the opinion that a council member, a chief executive officer or an employee has acted unlawfully or is responsible for any act or omission which has resulted or may result in fraud, an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or maladministration, or is of the opinion that the allegation is of such a nature that it justifies further action, he or she shall, subject to subsection (5), appoint a commission of inquiry in terms of the respective provincial laws to inquire into the matter: Provided that in the absence of a provincial law relating to a commission of inquiry, the provisions of sections 2, 3, 4, 5 and 6 of the Commissions Act, 1947 (Act 8 of 1947), and the regulations made thereunder, shall with the necessary changes apply to the municipality concerned in so far as they are applicable to the functions of the municipality.'.
'(6) If the MEC, after considering a report referred to in subsection (4) or a report of a commission contemplated in subsection (5), is of the opinion that a council, a member or a chief executive officer or employee either intentionally acted unlawfully or is responsible for any act or omission which has resulted or may result in fraud, an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or maladministration, he or she may take such steps as he or she may deem necessary so as to deal with the matter.'.
'(iii) Improper or dishonest act, or omission or offences referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, with respect to public money;'.
'(c A) to receive and investigate complaints from members of the public and members of the Services on alleged maladministration, abuse of power, transgressions of the Constitution, laws and policies referred to in paragraph (a) , the commission of an offences referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, and improper enrichment of any person through an act or omission of any member;'.
within six weeks of the date that the applicant discovers such offence.'.
2004, or sentenced to imprisonment without the option of a fine; or'.
'(iv) he or she is convicted of an offence involving dishonesty, or an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or sentenced to imprisonment without the option of a fine; or'.
'''(dd) has at any time been or is convicted, whether in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged document, perjury, any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence involving dishonesty.'.
'(i) in the Republic, of theft, fraud, forgery and uttering a forged document, perjury, or any offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), or Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004;'.
PREVENTION AND COMBATING OF CORRUPT ACTIVITIES ACT 12 OF 2004 Page 43 of 48 relates to the aforementioned offences of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, and which offences was committed in connection with the affairs of any State institution; or'.
Act 57 of 1997 Lotteries Act 1.
Act 105 of 1997 Criminal Law Amendment Act of theft, fraud, forgery or uttering a forged document, perjury, an offence in terms the Prevention of Corruption Act, 1958 (Act 6 of 1958),the Corruption Act, 1992, Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence involving dishonesty.'.
'(e) if the certificate holder is convicted on a charge of theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992, Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence involving dishonesty.'.
'(9) The amounts mentioned in respect of the offences referred to in PART II of Schedule 2 to the Act, may be adjusted by the Minister from time to time by notice in the Gazette .'.
'Any offence relating to exchange control, extortion, fraud, forgery, uttering, theft, or an offence in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004-'.
Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, the Companies Act, 1973, or of contravening this Act;'.
'(e) has at any time been convicted, whether in the Republic or elsewhere, of theft, fraud, forgery and uttering, perjury, an offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any other offence involving dishonesty; or'.
'Any offence relating to exchange control, extortion, fraud, forgery, uttering, theft, or an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004.'.
'12. any offence contemplated in Part 1 to 4, or section 17, 18, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004;'.
Act 132 of 1998 South African Medicines and Medical Devices Regulatory Authority Act forgery or uttering a forged document, perjury, an offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any offence involving dishonesty, and has been sentenced therefor to imprisonment without the option of a fine.'.
'(i) theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958) the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any other offence involving dishonesty;'.
'(i) in the Republic, of theft, fraud, forgery and uttering a forged document, perjury, or an offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958) the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004;'.
'(ii) of any offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, the Companies Act, 1973 (Act 61 of 1973), or this Act;'.
'(i) theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any other offence involving dishonesty; or'.
'(a) is convicted, whether in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged document, perjury, or any offence involving dishonesty or of any offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or the Companies Act, 1973 (Act 61 of 1973), or of contravening this Act;'.
'(i) an offence involving dishonesty or an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004; or'.
Corrupt Activities Act, 2004.'.
'An offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004'.
at any time been convicted of theft, fraud, perjury, an offence under the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, or any other offence involving dishonesty;'.
'(i) in the Republic of theft, perjury, or an offence in terms of the Prevention of Corruption Act, 1958 (Act 6 of 1958), the Corruption Act, 1992 (Act 94 of 1992), Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004;'.
<fn>GOV-ZA.2004020201En.2012-02-10.en.txt</fn>
The R201 benchmark bond should be quoted in minimum nominal amounts of R10 million at the maximum bid-offer spread of 10 basis points.
The R151 and R 152 splits should be quoted in minimum nominal amounts of R5 million at the maximum bid-offer spread of 5 basis points.
To avoid any risk of a market settlement failure in Government bonds in which the Primary Dealers have committed themselves to make a market, the Bond Exchange of South Africa may, as a measure of last resort, approach the South African Reserve Bank (SARB) to make the required scrip available to Primary Dealers only.
<fn>GOV-ZA.2004020202En.2012-02-10.en.txt</fn>
Third quarter spending reports indicated that provincial spending is well on track, with provinces spending R121,4 billion, or 71,1 per cent of the R170,7 billion adjusted budget. This represents an increase of R16,9 billion or 16,2 per cent over the same period in 2002/03. Given that last quarter spending is higher than the first three quarters, provinces are expected to spend their budgets by the end of the year.
Key spending pressure is from social grants, which continue to rise rapidly. Provinces spent R30,7 billion or 75,2 per cent of the 40,9 billion adjusted budget. This represents a sharp increase of R6,9 billion or 29,2 per cent from the R23,8 billion in 2002/03 for the same period. This is mainly attributed to the rapid take-up of the Child Support and Disability Grants.
Spending on health expenditure is at 70 per cent, or R26,2 billion, which is R2,4 billion or 10 per cent higher compared to the same period in 2002/03 financial year. Education expenditure has seen strong growth at R43,5 billion (73 per cent) and is R4,5 billion (11,5 per cent) higher when compared to the same period last year.
Capital spending has also improved at R10,8 billion or 57,1 per cent of the adjusted capital budget of R18,9 billion, an increase of R2,5 billion or 30 per cent over the same period for the last year (2002/03). Capital spending on roads and public works is highest at 64,5 per cent. Provincial education departments have also greatly improved their capital spending capacity compared to last year.
Provincial own revenue collected is R4,4 billion or 81,4 per cent of the R5,4 billion adjusted own revenue budget. In addition, national government transferred R107,7 billion of the equitable share grant, and R12,2 billion in conditional grants, to provinces by 31 December 2003.
This analysis is based on the statement of revenue and expenditure published by the National Treasury on 30 January 2004, and is available on the treasury website www.treasury.gov.za.
This report, on the outcome of the 2003/04 provincial budgets after nine months into the financial year (from 1 April to 31 December 2003), is based on their budgets as adjusted through their Adjustments Budgets. Table 1 indicates their revised budget against which the nine-month figures are compared.
 Provinces spent R121,4 billion, or 71,1 per cent of their R170,7 billion adjusted budget. This is R16,9 billion or 16,2 per cent higher than the expenditure recorded after the same period last year.
 Provinces have budgeted 81 per cent of their budget (or R137,8 billion) for social services, which include spending on education, health and social development1. Spending on social services after three quarters of the year is at R100,4 billion or 72,8 per cent of the adjusted budget.
 School Education: Education expenditure is recorded at R43,5 billion or 73 per cent of the adjusted budget of R59,5 billion and is R4,5 billion or 11,5 per cent higher compared to the same period during the 2002/03 financial year. With education budget being largely personnel driven, expenditure on personnel is R37,1 billion or 74,9 per cent of the R49,6 billion adjusted personnel budget.
 Health: Health expenditure to date is at R26,2 billion or 70 per cent of the adjusted budget of R37,4 billion. Health spending has increased by R2,4 billion (10 per cent) compared to the same period in 2002/03.
 Social Development: Provinces spent R30,7 billion or 75,2 per cent of the 40,9 billion adjusted budget, representing an increase of R6,9 billion or 29,2 per cent over the same period in 2002/03. This is mainly the result of acceleration in the take-up of the Child Support and Disability Grants as well as payments of Social Grant Arrears due to the higher-than-anticipated number of beneficiaries. The trend indicates that that provincial social development budgets may come under some pressure in the coming months.
 Personnel expenditure of R59,8 billion (73,5 per cent of the budgeted personnel expenditure) also represents 49,3 per cent of total provincial spending.
 Capital expenditure2 after nine months is R10,8 billion or 57,1 per cent of the capital budget. This is a significant improvement on last year, as provinces have spent R2,5 billion (30 per cent) more compared to the same period last year, when provinces had spent 50,9 per cent.
 The provinces with the highest proportion of capital spending are the Eastern Cape, spending 67,8 per cent, Limpopo spending 64,4 per cent and Free State spending 64,1 per cent of their adjusted capital budget. The lowest level of capital spending is recorded by North West, spending 35,8 per cent of its adjusted budget.
 In absolute terms, the highest capital expenditure is in Gauteng at R2,4 billion, followed by Eastern Cape at R2,2 billion, and KwaZulu-Natal at R2,1 billion.
 Capital spending has increased sharply in all provinces except in North West and Western Cape as compared to the same period in 2002/03. The Eastern Cape has significantly improved its spending capacity as spending has increased by R930,8 million or 70,6 per cent over the same period during 2002/03.
 It is difficult to assess what the projected out-turn will be on capital spending, including any underspending. Typically, most capital spending has a slow uptake in the first part of the year, and tends to be underestimated as some provincial departments do not reconcile their suspense accounts (eg North West housing department). For all these reasons, capital spending rises rapidly in the last quarter. Reporting, planning and project management reforms are in the process of being implemented to improve the reporting on capital, to ensure a more even flow of payments between the four quarters. However, these reforms will take at least three years to implement to all 116 provincial departments.
Total 18 850 538 10 761 274 57,1% 8 274 855 2 It is not clear to what proportion of the capital spending numbers are transfers, and what proportion of these transfers reflect actual spending.
 Table 4 shows that the biggest provincial capital budgets are for Public Works, Roads and Transport. These departments are performing the best, having spent R3,2 billion or 64,5 per cent of the R4,9 billion adjusted budget. The level of spending has significantly increased by R298,7 million or 10,4 per cent compared with the same period last year.
 Between provinces, the lowest spending is KwaZulu-Natal (53,6 per cent), whilst Gauteng records 89,3 per cent3. However, it should be noted that the Gauteng spending here probably includes some health and education capital spending.
 In absolute terms, Northern Cape has recorded the lowest level of spending with R57,4 million and Eastern Cape recording the highest with R766,5 million as at the end of December 2003.
Eastern Cape 1,074,361 766,497 71.
Free State 186,082 114,495 61.
Gauteng 462,493 413,235 89.
KwaZulu-Natal 1,109,850 594,397 53.
Limpopo 600,543 425,971 70.
Mpumalanga 316,867 184,184 58.
Northern Cape 103,183 57,372 55.
North West 292,733 174,019 59.
Western Cape 791,190 453,952 57.
Total 4,937,302 3,184,122 64.
 Table 5 shows that capital spending on education is recorded at R1,6 billion or 54,5 per cent of their 2,9 billion adjusted capital budget. This level of spending shows great improvements compared to last year, as this year's spending exceeds that of 2002/03 by R489,3 million or 45,3 per cent.
 Spending in Northern Cape (29,3 per cent) and Eastern Cape (45,7 per cent) appears to be the lowest, while North West and Mpumalanga recorded the highest expenditure with 75,8 and 65,3 per cent respectively.
3 Some of the public works' reports contain some of the capital spending for education and health. This is the case in Western Cape and Gauteng, hence the "overspending" in Gauteng. The monthly reports are not always fully reconciled when submitted for publication.
 Table 6 shows that capital spending on the health sector is lower as a share, at 49,9 per cent or R1,4 billion. There has been a considerable increase of R323,3 million or 29,8 per cent on Health capital spending as compared to the same period last year.
 Gauteng (15,3 per cent) and Free State (25,3 per cent) recorded the lowest level of health capital spending while Eastern Cape (75,4 per cent), KwaZulu-Natal (65,3 per cent) and Limpopo (64 per cent) recorded the highest level of spending. However, provincial departments like the Gauteng health department have not reconciled their monthly reports with their public works department, and hence probably underestimate their actual spending on capital in health.
 Table 7 shows capital expenditure in housing (largely spending on housing subsidies) at R2,8 billion or 56,3 per cent of the R4,9 billion adjusted housing capital budget. The level of spending has significantly increased by R447,9 million or 19,4 per cent as compared to the same period of the 2002/03 financial year.
 These housing figures do not fully account for past roll-overs and transfers (eg to SA Housing Fund and municipalities), making it difficult to assess spending against actual housing budgets.
 The lowest level of spending is recorded by North West at 2,6 per cent followed by Western Cape at 38,3 per cent and Gauteng at 43,2 per cent. The highest level of spending is recorded by Free State at 85 per cent and Mpumalanga at 78,7 per cent. However, the North West department of housing appears not to have not reconciled its suspense accounts, so its reported figure is seriously under-stated.
 Provinces have collected 81,4 per cent of the budgeted own revenue of R5,4 billion for the year, collecting R4,4 billion after nine months.
 The high 81,4 per cent collection may be an indication of provinces being conservative in their revenue budgets, as the R5,4 billion budgeted amount is still less than the R5,9 billion actually collected in the previous year (2002/03). The collection varies from a low of 72,2 per cent in Northern Cape to a high of 99,6 per cent collected in KwaZulu-Natal.
 National government transferred R107,7 billion of the equitable share grant, and R12,2 billion in conditional grants, to provinces to date.
 In total, including adjusted provincial own revenue, provincial revenue as at 31 December 2003 is at R124,2 billion or 26,3 per cent higher than in the same period last year.
<fn>GOV-ZA.2004022501En.2012-02-10.en.txt</fn>
Due to the redemption of the R006, the first leg of the R150 on 28 February 2004, some investors have requested Government to rollover the R006 (12,0%; 2004) in order to lengthen the duration of their portfolios.
The National Treasury reserves the right to decide on how the R6 billion is allocated to the three bonds on auction.
The rollover auction will take place on Friday, 27 February 2004 from 10h30 and close at 11h00. The auction results will be announced at 11h30. The settlement date for the auction is 3rd March 2004.
The rollover auction is based on willing-buyer-willing-seller principle and the National Treasury reserves the right not to allot or partially allot the respective bonds on offer.
<fn>GOV-ZA.2004030501En.2012-02-10.en.txt</fn>
Minister of Finance Trevor Manuel welcomes the Cape High Court decision to dismiss with costs an application brought by the Economists Allied for Arms Reduction (Ecaar) to overturn the government's arms acquisition programme. The decision confirms that the government has always been on solid ground with the arms procurement process. It further confirms that the attack by Ecaar's Terry Crawford-Browne is baseless and ill informed.
The court found the decision by cabinet to acquire the arms package valid and that Minister Manuel applied his mind when considering the financing of the arms acquisition, and consequently found his decision valid.
The Minister is pleased that the court dismissed the application with costs, as individuals like Terry Crawford-Browne should take responsibility for their actions and not expect the taxpayer to foot the bill.
<fn>GOV-ZA.2004031201En.2012-02-10.en.txt</fn>
The President of the Republic of South Africa, Mr Thabo Mbeki, will deliver the opening address at the Consultative Meeting of African Governors on Voice and Participation of Developing Countries in the Bretton Woods Institutions. The Minister of Finance, Mr Trevor Manuel, will open the meeting at 08h30 today 12 March 2004. Please note that this will be a closed session.
The media are invited to a press conference at 12h30, Level Four, the Sandton Convention Centre, in Johannesburg.
<fn>GOV-ZA.2004031501En.2012-02-10.en.txt</fn>
The Minister of Finance, Trevor Manuel, MP, will be addressing high school learners from various schools in the Cape Peninsula area, in an interactive session about the 2004 Budget. Learners from the various schools have been preparing questions about the 2004 Budget, which they will pose to Minister Manuel during the session.
The Budget session with the learners will be broadcast live on the Parliament Live channel on DSTV (Channel 58) from 11:00 - 13:00. Please indicate whether you will be attending, as arrangements need to be made. Please supply us with all your details and the name of your media organisation. To RSVP email us on Lindani. Mbunyuza@treasury.gov.za or contact Daleen on 082 773 1502.
<fn>GOV-ZA.2004031801En.2012-02-10.en.txt</fn>
Thank you for the opportunity to share with you in this wonderful evening of the celebration of achievement.
This is truly a great moment in the history of South Africa. It is a time to reflect on ten years of democracy, and acknowledge the immense contributions of so many to deliver freedom. It is also a time to reflect on our achievements of democracy against the objectives that we have set -"A better Life for All!". But, itis a time to consider what remains undone, giving perspective to the challenge of this generation, both in South Africa and the world.
The greatest challenge that decision-makers across the world face is that there is an enormous mismatch between the rapid technological advancements and the number of entrants to the labour markets. Across the world, millions of job opportunities are shed as the rapid advances in information technology, engineering and biotechnology simplify production or cultivation. The financial costs of these changes are monumental, resulting in greater concentrations of production and a rapid distribution of goods across sovereign borders. Capital, technology and goods flow across boundaries and borders, whereas labour is the only factor of production that is kept confined within sovereign borders.
As the competition for access to technology, capital and markets increases power relations are entrenched.
This has deepened the divide between the rich North and the poor South.
As Africans we do not want to be confined to being suppliers of our skills, mineral resources, limited savings and the providers of markets to the rich North. Ours is a battle to change the paradigm - our work for a rules based trading system in the World Trade Organisation, for representation and a voice in the World Bank and the IMF. Our endeavours towards NEPAD forms an integral part of a strategy to enlarge the gains of democracy.
Africa, and as a country competing with others, we start with huge deficits in our savings and skills levels. We must jealously guard against losing what is collectively ours, we must nurture the new opportunities and we must consciously and tirelessly work for change.
This is the context for our celebration this evening.
Graduates and members of this university community, this is where you play a role. You have succeeded in furthering your education, in obtaining a university degree and in advancing the human potential of our community. Countries and continents only succeed when people are able to rise up from adversity and triumph in the pursuit of knowledge. You have done that, and today we are proud to celebrate your achievements.
You are a part of the movement to correct the imbalances in the world today and while this is a formidable challenge, it should not scare you. As young graduates, you probably do not want to hear that you are part of a bigger game - well , you are. Less than 8,4 per cent of the citizens of our country complete a university degree. An even smaller proportion of black people obtain a tertiary qualification. Our economy will only growif we increasethe skills base of our country. We can only create jobs and putbread on peoples' tablesif we havean educated population. And, yes, the graduates here this evening are part of the brains trust that we need to take us further and build this country.
Societies progress when the young are able to get a better education than their parents; when they are able to use that education to obtain a higher standard of living. Societies progress when these efforts are conscious. Social progress depends on you translating your education into a brighter future for you and your community.
The institution that played no small part in your success that we celebrate today deserves mention too. Universities and technikons are playing an invaluable role in advancing the intellectual potential of our country. Our tertiary institutions are going through a turbulent period in their history. The process of restructuring of our higher education institutions is not an easy one. Many are apprehensive about the changes underway.
While I understand these apprehensions, creating a sound higher education system, free of the baggage of our past, able to produce high quality graduates, is an objective worth making sacrifices for. Our higher education institutions play a gigantic role indeveloping our human capital potential. Without these institutions, we will not be able to overcome the odds that are stacked against us, we will not be able to lift South Africa, and our continent, out of the pervasive poverty.
I pay tribute to the esteemed members of this university today. Not only do you produce the intellectual capital our country needs, but you take people who, in the main, come from poor backgrounds, from cold, hard realities; and you produce graduates out of them. This is not an easy task and I salute you for this achievement. Young kids from the Cape Flats or the rural Transkei hinterland dream about passing through such an institution. You, here at this university, make those dreams a reality.
Regrettably, most South African graduates relate to their alma mater as a blur, a portal that had to be passed through on the way to somewhere else. Yet, a dynamic relationship with an institution such as the University of the Western Cape allows for the honing of skills. The relationships between business leaders and tertiary education centres are essential for economic advancement.
This relationship is important for two reasons . Firstly, it allows universities to keep up to date with what is happening in public policy and the business world. This strengthens the university and keeps it in touch with good practice, improving the quality of education. Secondly, by graduates keeping in touch with their universities, they can keep up to date with cutting edge developments on a global scale. The relationship between universities and their alumni play this crucial role of absorbing the newest technologies and disseminating it into the community. I appeal to you not to lose sight of the need for on-going learning for yourselves and for the university throughout your life. We need to give meaning to the concept of 'life-long learning'.
I know there is some nervousness and trepidation among our graduates today. There is anxiousness about the future. 'Will I get a good job' Will I be able to work for a company that values my contribution' Am I adequately equipped to make a contribution' These anxieties are natural. Every single graduate, whether he or she has a job lined up or is still searching will have these feelings of insecurity. This is perfectly natural. Don't panic. You are graduating at a unique moment in history. We are about to celebrate ten years of democracy. Today, we have a growing economy, a shortage of skilled labour, rising employment, well managed public finances, social stability and the absence of political violence, regular elections, freedom to work in the field of your choice and access to a global economy. Confidence in our economy and in our future has never been higher. It is a great time to enter the job market ?
In conclusion, let me remind you, as you prosper and develop bright futures, as I am positive you will, to remember to give back to your communities, remember to support the young left behind in your neighbourhoods who are not so fortunate. It is very easy to turn a blind eye and say 'its Government's responsibility'. It is just as much your responsibility to uplift the communities that you come from.
Best wishes ladies and gentlemen. You have seen the fruits of your hard work, the many hours of revision, the many late nights bent over your books, the many, many hours in front of computer screens. Your hard work has paid off. Congratulations on your sterling achievements, you deserve all the accolades that you will get tonight and in the future. We are all proud of you. Success is a consequence of hard work.
In the handing out of accolades, we often forget the sacrifices that parents and loved ones make to put their family members through a university education. As many of the parents sitting in the audience tonight will bear testimony, there are many hidden costs to having a child in a university. This tribute tonight and the honours conferred, go as much to you for your sacrifices, as they do to your children for their achievements. We all owe a debt of gratitude to you.
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Sun Intercontinental Hotel, Sandton. Johannesburg.
Good evening ladies and gentleman, distinguished guests, and of course those of you who have brought us together this evening, the bright young individuals seated around the room who have recently qualified as chartered accountants.
Congratulations to each and every one of you on this important achievement.
All those years at university studying when your friends were out at parties or relaxing, all those courses and difficult exams WELL DONE!
Your hard work and dedication has paid off and you are now qualified to begin a career that will most certainly take you where ever it is you would like to go in life. The sky is the limit.
Part of my address this evening is going to highlight the National Treasury as an employer of choice and the opportunities that people like you may find there. However, I want to start by talking about certain important issues and challenges regarding the public responsibility of accountants.
We are all acutely aware of the urgent need to transform the profession. Transformation is not going to happen without a conscious effort on behalf of corporate South Africa, associations like SAICA, organisations like ABASA, government, the profession collectively, and each and every one of you.
Transformation is a key requirement for government procurement decisions and it is also going to be a key requirement in the financial services sector once the charter has been implemented. Going forward transformation and competitiveness are going to be inextricably linked.
Currently there are a total of 21 964 CA's registered with SAICA of which only 408 are black. Of the 408 black CA's only 125 are female. This implies that slightly more than half a percent of all CA's in South Africa are black females. What a challenge!
I would like to see that next year the numbers of newly qualified black CA's sitting here in the audience will have increased. Most importantly, the numbers of newly qualified black women would have dramatically increased. It is of paramount importance that the profession transforms in order for it to survive.
Currently only chartered accountants can register with the Public Accountants' and Auditors' Board and practice as auditors. This implies that the growth and transformation of the accounting profession is of paramount importance to the growth and transformation of the auditing profession.
There is a growing concern that fewer and fewer accountants are choosing auditing as a career. There are many factors that could be attributable to this phenomenon, but one that is often cited is the risk or liability that auditors incur.
Could I just ask you to raise your hand if you intend practicing as an auditor?
The National Treasury is currently reviewing the regulation of the auditing and accounting professions.
The Ministerial Panel for the Review of the Accounting Professions' Bill concluded its Report towards the end of last year. The Minister of Finance has had the chance to consider all the recommendations made and is going to make a statement about his response most likely tomorrow, but he has given me permission to talk about his response this evening.
Most of you in the audience will be pleased to hear that the Minister has accepted the Panel's recommendations except in three areas. Before I say what these three areas are, I want to point out that the Minister is very concerned about introducing a holistic approach to improving corporate governance in South Africa.
The recommendation to separate the regulation of auditors and accountants has been accepted by the Minister. I know there was a lot of comment from the public about this specific recommendation, but the Minister has stressed legal backing for accounting standards should be simultaneously introduced with new legislation to regulate auditors and measures to enhance the liability of management with regard to the presentation of financial statements.
This will require amendments to the Companies Act, 1973, the promulgation of the Financial Reporting Bill and the establishment of a new system of regulating auditors.
The new system to regulate auditors will include an authority that will subsume the current Public Accountants' and Auditors' Board ("PAAB").
The Government of South Africa is committed to ensuring that the new authority will be entirely independent of the profession and funding for such an authority will be sourced from the profession, relevant entities and the fiscus.
The Minister (of Finance) identified the challenge of creating a policy environment that guarantees an acceptable level of auditor independence as a key issue for the Panel to deliberate.
In accepting the recommendation on the role of the audit committee as adjudicator over the impact of consulting services on the independence of the auditor, the Minister stated that the new regulatory authority should have the ability to issue regulations governing the way in which the external auditor can provide any consulting services to a client.
This will be particularly important in the area of business consulting services that are viewed as the most compromising to the independence of the external auditor yet very difficult to define precisely in statute.
The Minister supports the contention that no statutory limit be introduced on the proportion of audit versus non-audit fees be imposed. Rather, that the matter should be determined by the new regulatory authority as part of guideline regulations for assessing auditor independence.
The Minister did not, however, accept the recommendation that there be no minimum statutory prohibitions on consulting services. There should be flexibility in regulation for further prohibitions to be introduced or repealed by the new regulatory authority. This is because there are certain services that should never be performed by the external auditor to the client, for example, book keeping, accounting and internal audit.
The recommendation to introduce audit partner rotation is also not accepted. The Minister has not taken a view on this matter and has decided to further investigate international trends in this regard.
The recommendations on changes to the regulatory framework governing corporate governance in South Africa were also not supported. The Minister is of the view that any fundamental changes to the framework should be a result of collaboration between the DTI and the National Treasury.
Ultimately, the Treasury faces the challenge of improving the independence of the regulatory authority responsible for ensuring that policy is implemented, standards are enforced, ethics are upheld and above all, discipline is swift and fair. At the end of the day, accounting is too important to leave up to the accountants. Self-regulation has failed.
After the spectacular collapse of Parmalat, the Europeans have come to realise that Enron is not just an American phenomenon. The Americans responded swiftly, and some might argue harshly, to the collapse of Enron and Worldcom by introducing the Saubanes-Oxley Act. It's early days yet, but thus far the sweeping reforms that Saubanes-Oxley has introduced seem to be having the desired impact.
The Europeans are currently talking about an appropriate response to Parmalat and it is rumored that they are considering introducing audit firm rotation. The Americans went very far in the measures they introduced, but stopped short of introducing audit firm rotation. It is going to be very interesting to see what comes out of the EU in the next couple of months.
Here in South Africa, we have had Saambou, MacMed, Regal Treasury and lets not forget LeisureNet.
You should be mindful of the fact that government and all our various regulatory authorities like the Financial Services Board and the Banking Supervision Department at the Reserve Bank rely heavily on audited financial statements to make key decisions about the financial health and stability of our financial services industry. Government has a key role to play in ensuring that the profession takes very seriously its responsibility to protect the public interest by ensuring that financial statements are accurate and a fair reflection of the financial health of the entity concerned.
The integrity of our financial markets is critically dependent on the accuracy, timeliness and appropriateness of financial information.
As accountants, principles of corporate governance and the regulatory system governing your profession will be an important part of your future careers whether in the public or private sectors, whether or not you practice as auditors or accountants, become financial officers, consultants, or CEO's. I have no doubt that you will all try your best to ensure that the integrity of our financial system is never compromised by short sightedness.
On that note I now want to briefly discuss the career opportunities and possibilities that exist at the National Treasury for people like you.
As I mentioned, the Treasury is currently reviewing legislation and regulation governing the profession. Before I became DG I was Head of the Division in Treasury responsible for financial sector policy amongst other things.
The idea that there are career opportunities in the Treasury in the governance of the profession has possibly not cross your minds. Whilst a newly qualified CA may not have any experience in regulation or governance issues, the Treasury has a number of learnership programs that offer the opportunity to train in a new area of expertise whilst working. Think about it when you have the chance, a career in regulation could be very exciting.
More traditionally, the Treasury offers career opportunities in the Office of the Accounting General. Mr Freeman Nomvalo is here this evening in the audience. Freeman please raise your hand. Seated next to Freeman is Ms Samantha Anderson who is currently running with the regulation of the profession. If you're interested, get their contact details and send us your CV.
Within Freeman Nomvalo's office there are many interesting projects underway. For example, the development of GRAP, the development of policies for implementing and monitoring GRAP, developing a framework for the implementation of internal auditing in government and many other exciting challenges.
Maria Ramos always used to say that the career opportunities for young people working in the Treasury are far more exciting than in the private sector. This is because you will get so much more exposure in the Treasury to different areas of expertise, policy issues and have a far steeper learning curve than anywhere else.
Please consider a career in Government and come and talk to us at the Treasury if you need advice and insight.
In conclusion I would once again like to congratulate each and every one of you and wish you all the success in your future careers.
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We are pleased to publish Minister Trevor Manuel's response to the Report compiled by the Ministerial Panel for the Review of the Accounting Professions' Bill ("the Panel") received on the 17th of October 2003.
The Panel was established to review the Accounting Professions' Bill and make recommendations within the context of nine terms of reference developed by the Minister.
The Ministry has had sufficient opportunity to consider the recommendations carefully.
The Minister accepted the recommendations made by the Panel except in three areas, namely minimum statutory prohibitions on the provision of consulting services, audit partner rotation and the framework for regulating corporate governance in South Africa.
In supporting the recommendation that auditors should be regulated separately from accountants, the Minister indicated that a holistic approach to improving corporate governance would be critical.
Legal backing for accounting standards should be simultaneously introduced with legislation to regulate auditors and increase the liability of management with regard to the presentation of financial statements. This would require amendments to the Companies Act, 1973, the promulgation of the Financial Reporting Bill and the establishment of a newsystem for regulatingauditors.
The new system to regulate auditors would include an authority that would subsume the current Public Accountants' and Auditors' Board ("PAAB").
The Government of South Africa is committed to ensuring that the new authority would be entirely independent of the profession. Funding for such an authority would be sourced from the profession, relevant entities and the fiscus.
The recommendation on the role of the audit committee as adjudicator over the impact of consulting services on the independence of the auditor was accepted. In so doing, the Minister stated that the new regulatory authority should have the ability to issue regulations governing the way in which the external auditor would provide any consulting services to a client. He noted that this would be particularly important in the area of business consulting services. While this area has the greatest potential for compromising the independence of the external auditor, it is also, however, very difficult to define precisely in statute.
The Minister supported the contention that no statutory limit be imposed on the proportion of audit versus non-audit fees. The matter should rather be determined by the new regulatory authority as an element of guidelineregulations for assessing auditor independence.
The Minister did not accept the recommendation that no minimum statutory prohibitions be placed on consulting services. There should be flexibility in regulation allowing for further prohibitions to be introduced or repealed by the new regulatory authority. The reason underlying this is that there are certain services that should never be performed by the external auditor for the client. Examples include book keeping, accounting and internal audit.
The recommendation to introduce audit partner rotation was also not accepted. Further investigation of international trends would need to take place in this regard before the Minister takes a view on the matter.
The recommendations on changes to the regulatory framework governing corporate governance in South Africa were not supported. The Minister is of the view that any fundamental changes to the framework should be a result of collaboration between the department of Trade and Industry (DTI) and the National Treasury.
The National Treasury will redraft the Accounting Professions' Bill and other relevant legislation affected by the review. A redraft of the Bill is expected to be available for public comment in the second half of this year.
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When you embark on a journey such as South Africa has done, a rebuilding of the State on new moral and democratic foundations, a thorough rewriting of public policy and law, a reinvention of the relationships between state and capital, between state and citizen, between state and taxpayer, and indeed between state as provider of services and reflexively as guardian of those rights and civil liberties that in turn depend upon service delivery - when you embark on such a journey, there are times when you are following a road map and there are other times when you are hacking your way through the jungle.
There are different kinds of leadership for different stages of the journey.
When the road ahead is well charted, there is a need for persistence, even stubbornness, to avoid deviating from the course when things don't go quite according to plan. But when circumstances change significantly, or you move on to new challenges, creativity and innovation come into their own.
In pursuing our programme of macroeconomic consolidation and restructuring of the public finances over the past decade or so, we have had clear road maps - the Reconstruction and Development Programme, and later the Growth, Employment and Redistribution framework - but there have been pot-holes and pitfalls that could not have been anticipated: the intractability of the structural unemployment challenge of our economy; the huge swings in international financial and foreign exchange markets of recent years.
And at these times, there are difficult judgements to make - do you stick to existing plans, or do you adapt and innovate, carve out a new path through the bush?
For the last decade, it has been pretty clear what we have had to do. We have to build the foundations for a just society, and for a growing economy.
The 1996 macroeconomic strategy had its elements of obscurity - "an appropriately structured flexibility within the collective bargaining system" - but for the most part it was a clear set of road-signs. Budget deficit reduction, gradual exchange control liberalisation, tax incentives for investment, introduction of skills development funding, tariff reductions, a monetary policy framework clearly focused on inflation reduction. The strategy had its controversy and its vocal critics, and there were some uncertainties about targets and sequencing, but the macroeconomic and fiscal imperatives were stark. Although the growth trajectory has not been stellar and employment performance has been inadequate, the structural foundations of our economy have been greatly strengthened.
Over the past decade, the economy has grown by 3 per cent a year, compared with just 1 per cent a year between 1984 and 1993. Investment has increased by 4,7 per cent a year, compared with 2,9 per cent in the previous period. Price inflation is now below 6 per cent a year, compared with nearly 15 per cent. The budget deficit is around 3 per cent of GDP, whereas it was 7,2 per cent in 1993. Over the past 10 years we have seen capital inflows from the rest of the world of R170 billion, compared with net outflows of R46 billion in the previous decade.
And across a broad spectrum of social and development challenges - housing, municipal services, land restitution, access to health care, extension of the social security net, protection of workers' basic rights, access to legal aid, financial assistance to students - we have made material progress in addressing poverty and implementing programmes that begin to redress the injustices of the past.
In all of this, we have had the advantage of knowing where to go.
We had to consolidate the macroeconomy, the transformation imperative in social policy has been clear.
In the challenges of the decade ahead, there are signposts and sometimes lessons of international and local experience to draw on, but the terrain is rather less well charted. The journey becomes more diversified, more complex, perhaps more contested. Once the foundations are built, the architectural possibilities are more varied. Creativity and innovation come into their own. But the risks and rewards are often less direct, analytically more demanding.
And so, successful pursuit of economic growth and social progress depends that much more on the quality and capacity of our higher education institutions and research councils. "Walking the talk" in a changing world - the theme of your discussions tomorrow - is right at the centre of the public policy challenge we face over the decade ahead.
Let me share with you a few thoughts on some of the elements of this larger project of reinforcing and sustaining economic growth and rising living standards.
Poverty reduction and redistribution are clearly core priorities in our public policy stance, and there is clearly merit in pursuing these challenges in targeted and progressive ways - although there is also an intellectual appeal in approaches that aim to be universal and inclusive in their reach - but is there anything here that contributes to growth?
There are legitimacy and sustainability considerations. The argument is familiar and hardly contentious - a society as divided, fragmented and unequal as ours cannot take confidence in its economic strategy unless it is accompanied by tangible and real advances in the circumstances of the poor. The state exists as a collective in part to provide collective relief to the disadvantaged. There is a great store of good oldfashioned liberal thinking to draw on here - but there is also that close intertwining in the intellectual and institutional roots of modernisation between civilisation and growth: not so much that modernisation brings civilisation as that growth can be a profoundly uncivilising dynamic if it is not accompanied by deliberate redistributive thrusts. Witness the impact of forced enclosures in industrialising Britain and Europe, or John Stuart Mill's mild reminder 150 years ago that there was something deeply unsatisfactory about a society that made more generous provision for its convicted felons as for its honest poor - and this long before penal reform of any consequence.
That South African growth was for long accompanied by powerfully uncivilising dynamics is the subject of an extensive and rich literature; that our economic strategy going forward needs to correct this legacy has been forcefully argued by some of the Treasury's fiercest critics. I do not want to sweep these arguments away just because they are sometimes overlaid with macroeconomic ambitions that I find implausible. The challenge is to address inequality and injustice while also adhering to sound and sustainable fiscal and financial principles.
We have introduced a levy scheme and an entire bureacractic apparatus to give effect to the skills development imperative. It is easy to find fault with the parts of the system that don't work, or the cumbersome procedures, or the unnecessary duplication of the old training systems that worked well enough.
When you phase in something dramatically different like this, you need an overwhelming array of instruments to give impetus to the new direction. So we have added a tax incentive to promote registration of learnerships. When the momentum has been established, the tax break may well be withdrawn and the time may even come for a revision of the structure of SETAs and the skills levy. But for now, the emphasis clearly needs to be on reinforcing the formal education institutions that are such a critical complement to work-based and experiential learning. Revitalising the technical and vocational colleges has rightly been prioritised by the Business Trust, and I hope that the restructuring of our further education colleges in the years ahead will also benefit from the new skills financing arrangements.
Does training contribute to growth The textbooks say yes and there is a good weight of analytical evidence in support; whether we reap the rewards of our non-trivial investment of fiscal and social resources into new training and skills development programmes depends on several institutional dynamics that are not yet well worked out. This is partly about the information flows and incentives and choices or opportunities that link school, college, first entry into the work place, career choice and further career development. It is hard to imagine a cluster of issues more important and less well understood?
One of the largest increases in the national budget in recent years was for Land Affairs, mainly for the land restitution programme. It is about half way through a caseload of just under 70 000 land claims, and in due course spending on the broader land reform programme and associated agricultural support will replace restitution as the main priority on this vote.
We all know that productivity advances and sustained progress in industrial competitiveness depend critically on developments in the training environment and the labour market. But on the land and in our approaches to agrarian reform we face social and human challenges at least as daunting. There is no importable substitute here for raw indigenous creativity, and we have seen a good number of encouraging initiatives in recent years. Redistribution of land ownership, coupled with adoption of productivity-enhancing farming methods, is as critical as any other success factor for the decade ahead. Its human dimensions are not yet sufficiently prioritised in our growth and development debates.
Human dimensions loom large, again, in the public administration reform challenge. As in the agrarian case, there is a tension between modernisation and the robustness of practical reforms. Are our systems simple and reproducible If not, is there any other reason for confidence that they can be implemented Public administration is, after all, the aggregation of the daily activities of a million people whose ordinary lives are far too pressed and harried to allow for sustained efforts to create and steer service delivery improvements. We have to rely rather on institutional and system changes that, so to speak, "sell themselves" - that insinuate their way into public practice by virtue of their simplicity and elegance?
It is worth reflecting for a moment on the great administrative innovations we now take for granted. Double-entry book-keeping stands out as a watershed. In the evolution of the tax capacity of the modern state, the idea of withholding was perhaps the single most powerful reform. And in the evolution of social policy, the introduction of reciprocity into fiscal arrangements: the attachment of defined rights or benefits to identified contributions or tax payments, to provide income security during unemployment, or after retirement, or to assure access to health care.
There is little doubt that the present social security and health care financing arrangements in South Africa are sub-optimal, and this is likely to be an arena of considerable invention and reorganisation in the decade ahead. It is hard to think of any public policy challenge of quite such importance and complexity - employers, workers, communities and the state have large overlapping interests and concerns, and there are unavoidably long lead times and transition problems.
Work currently in progress on restructuring medical assurance arrangements for the public service provides an opportunity to test ideas that may have wider application. This is a complex challenge, nonetheless success will depend heavily on designing a sufficiently straightforward implementation framework. But there also needs to be progress in streamlining and improving numerous ordinary and traditional administrative and social services - managing libraries, collecting municipal fees, stocking hospital pharmacies, recording births and deaths. Modern information technology opens up potent opportunities, but administrators and managers need to make the systems work.
Re-engineering and improving the delivery of public services requires intelligent systems and capacity building - so also for the wider economy: investment in infrastructure, adoption of improved technologies and industrial expansion require strategic and skilful leadership. The profit motive is a powerful ally in this, but there is also a bureaucratic dimension to both stepped up infrastructure investment and enhanced research and development.
Over the past few years there has been strong progress in capital spending by national government and provinces, and by parastatals such as the Airports Company and parts of Transnet. Private sector investment has also gathered momentum, including several manufacturing sectors and rapid growth in telecommunications systems.
What are the critical coordination challenges?
One is the alignment of bulk physical infrastructure with industrial and other economic opportunities. Progress is being made in several industrial development zone projects; there are also important long-term investments in transport systems under way; and we need to improve the spatial planning and investment coordination of our cities and major development nodes.
There is also an interesting challenge in the evolution of IT and communication systems - taking advantage of the opportunity to broaden participation in the banking system by appropriate extensions to ATM networks, for example.
In these and other long term development trajectories, the regulatory environment and contractual partnerships between government and private business participants are clearly fundamental. In some of our more structured public-private partnerships - long term IT service contracts, toll road concessions and accommodation and facilities management partnerships, we are now pushing out the frontiers of international best practice. There are long hours and hard work involved in negotiating these arrangements, but this is surely one of the most important kinds of investment we can make in a better future. The recent publication of draft "standardised provisions" for PPPs is a particularly exciting step forward, which should lead in time to greater certainty and more streamlined negotiation processes in this complex interface between the public and private sectors.
Fighting crime and combating corruption, of course, are also important dimensions of the public-private interface. We have all been touched one way or another, have shared the anger and fears that accompany mindless violent crime, and we have wondered how these spirals of disaffection and depravity are to be contained. Business Against Crime is one of our most valuable cooperative partnerships, and the challenge of streamlining systems and improving performance is nowhere more important than in the criminal justice system and our courts.
Perhaps the strengthening of our justice system and the opportunities for constructive partnership between the official police and prosecution services and the private security and forensic industries should be more prominent on the Growth and Development Summit agenda.
The contribution to growth and economic performance of an improved justice system is far from trivial. There is the direct benefit in reducing the costs of doing business, reduced losses from crime, reduced fraud and reduced insurance expenditure. There are indirect effects, including bringing activity back into the realm of legitimate measured productive economic output. But far more important, there is the qualitative improvement in living standards, for a given level of income or wealth - and these benefits of reduced crime and violence would very largely go to those who are poor, whose prospects of rising beyond poverty through accumulation and honest effort are so easily crushed by crime or corruption.
Here is a cluster of issues focused squarely on President Mbeki's challenge that we need to grow the number of people capable of meeting their needs and improving their circumstances through normal participation in working life.
Speaking frankly, neither the extension of financial services nor small business development policy have been well managed in the past decade. The liberalisation of the micro-credit industry was premature - and some of our foremost banks continue to exploit the absence of appropriate disclosure and restraint on lending terms through operation of micro-credit subsidiaries unscrupulously. The demise of most of the second tier banks should not have been a surprise. As the dubious lending bubble expanded the quality of clients deteriorated, implicit interest rates rose and the system propelled itself inexorably to a catastrophic meltdown.
One public policy priority here needs to be the extension of saving and transmission services to the unbanked, drawing perhaps on both the present Post Bank infrastructure and the ATM commercial bank network. There are hopeful signs that something along these lines will emerge from the Financial Charter deliberations.
Lending at offensive rates of interest to poor people is no substitute for responsible community development finance. In thinking through our options for attracting commercial investment and services into otherwise desolate low-income housing estates, the critical challenge is to find ways of bringing serious private risk capital to the party, alongside debt finance. And there is a wealth of experience on which to draw that confirms that community development can be a commercial proposition.
On small business development - there is similarly a tendency to think in too insular a way about public support services. Our development finance institutions have tried to manage their business too closely, which perversely raises their risk exposure and limits their impact. Far more could be achieved by seeking an intelligently structured partnership with commercial banks and business support services, with an element of subsidy and risk-sharing but with the incentives firmly focused on business viability.
On the future direction of tax policy I am advised to hedge my bets: there will be further opportunities for tax relief; and we will continue to broaden the tax base. I hope it is clear from several of the reforms and incentives we have introduced in recent years that we recognise the critical complementarity between targeted spending programmes and supporting tax measures - for example, in support of our skills development strategy and to promote urban renewal. The tax incentives may not become permanent features of our revenue structure, but for the foreseeable future these are policy challenges that must be attacked on both fiscal fronts.
What is the link between growth and BEE?
In the esoteric calculus of pure economic theory, it doesn't matter who owns assets, or even whether capital employs labour or visa versa, profit-maximisation will seek efficient technologies and resource allocation irrespective of who is making the decisions. But the theory relies rather on rather strong assumptions about information, which in turn imply a high degree of stability in property rights. It doesn't matter who owns the wealth, but it is important that there should be certainty in property rights. That creates rather a conundrum for the empowerment project.
Empowerment is of course not just about ownership, it also about effective exercise of ownership rights - and we have seen too many approaches to financing empowerment that, in practice, disable the exercise of rights. Empowerment is also about broadening participation in management, it is about skills and human development, it is about procurement practices and it is about social responsibility investment.
These are all respectable parts of a broad-based sustainable strategy for growth and development. But the instruments through which financing the diversification of ownership is structured are critical. The issue is clearly under the spotlight in the mining and financial sectors already, and it will arise elsewhere as the approach proposed in the recent Empowerment Bill and policy framework crystallises into Charters or agreements in other sectors. We are also currently exploring options for effectively using the R10 billion set aside in last year's Budget to support or underwrite empowerment transactions.
As in any public policy question, there are core principles on which we will rely. We will seek to share risk appropriately - government is not going to take on all the downside cost of empowerment. We need to get the incentives right - which means addressing the risks both of business failures and of failed financing arrangements. We clearly also need to achieve a high degree of leverage of public sector funds, to achieve real value for money in relation to Government's broad-based empowerment goals.
At the risk of deeply over-simplifying matters, we are looking for third-generation empowerment structures. First-generation transactions - highly leveraged block share sales - rapidly got into difficulties when the stock market turned down in the late 1990s. We have seen several major second-generation deals, heavily backed by public sector institutions such as the PIC, the IDC and the DBSA. But the risks to taxpayers are not mitigated by spreading public sector participation across several institutions. We need to find more intelligent and transparent ways of sharing risk and broadening the benefits of empowerment projects. This has to be at the centre of the third-generation programme.
There is a golden triangle that holds NEPAD together - good governance, conflict resolution and economic integration. The vision may seem like a distant chimera, but that is its great strength. These are the core NEPAD principles, we know they are faroff goals, but it as absolutely right that these should be the principles on which we build our engagement with other African countries.
The founding conditions have been laid for South Africa's playing a leading and supportive role in Africa's development - although not by any means as the fastest growing economy, which honour belongs to our unassuming neighbour Botswana. These are foundations for 30 years and beyond.
That there are both considerable opportunities and imponderable risks here goes without saying.
South Africa's transformation over the past decade has in part been about addressing a domestic policy legacy that required radical overhaul, and in part about reengagement with the international environment - diplomatic, financial and in trade and investment relations. Over the decade ahead, the international and regional dimensions will surely continue to loom large, and have the potential to reinforce and give greater impetus to our ongoing internal development and reconstruction campaign. And in this, there is a very broad overlap of interest between Government, the business sector and our higher education institutions. The quiet strengthening of exchanges and engagement between our academic and research institutions and those elsewhere in Africa and the rest of the world is one of the core strengths on which we can build in the years ahead.
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The fourth quarter figures published on Friday 30 April 2004 provide the first indication of total provincial spending for the 2003/04 financial year. Being the first estimates, these figures will be revised as provincial departments prepare their financial statements (and reconcile and close their books) for submission to the Auditor-General by 31 May 2004.
The fourth quarter spending report indicates that provinces spent R170,1 billion, or 99,5 per cent of their R171,1 billion adjusted budgets. This represents a year-on-year spending increase of R24,2 billion or 16,6 per cent between 2002/03 and 2003/04 confirming that provincial spending capacity continued to improve. In particular, provinces have performed considerably better on their capital spending, compared with last year.
Capital spending is R17,4 billion or 90,8 per cent of the total adjusted capital budget of R19,2 billion, an increase of R2,9 billion or 20,1 per cent compared with the 2002/03 financial year. The highest share of capital spending is in Public Works, Roads and Transport departments, which recorded 99,9 per cent spending compared to the R4,9 billion adjusted budget.
The preliminary aggregated provincial budget deficit is R2,3 billion. This deficit is largely funded from last year's rollovers and cash balances accumulated in previous years, so provinces have not had to borrow or overspend. This budget deficit is R1,6 billion lower than the projected deficit reported in the Budget Review in February, which is based on 9 months of actual figures and hence represent earlier projections.
Education expenditure totalled R59,8 billion or 100,4 per cent of the R59,5 billion adjusted provincial budget, and is R7,1 billion or 13,4 per cent higher compared with the 2002/03 financial year. It is the largest share of provincial expenditure at 35,1 per cent.
Social Development expenditure increased by R9,8 billion from R32,4 billion in 2002/03 to R42,2 billion in 2003/04, making it the second largest expenditure share at 24,8 per cent of all provincial expenditure.
Health expenditure of R37,1 billion is R3,9 billion higher compared with the 2002/03 financial year. Health spending comprises 21,8 per cent of all provincial expenditure.
Strong growth was experienced in education capital expenditure which rose to R2,9 billion, an improvement of R1,2 billion over the 2002/03 financial year.
National government transferred R144,7 billion of the equitable share, and R16,8 billion in conditional grants, to provinces for the 2003/04 financial year.
Provincial own revenue collected is R869,8 million higher than the R5,5 billion adjusted provincial own revenue budget.
This analysis is based on the statement of revenue and expenditure published by the National Treasury on 30 April 2004, and is available on the treasury website www.treasury.gov.za.
This report on the preliminary outcome of the 2003/04 provincial budgets, after a full year of spending (from 1 April 2003 to 31 March 2004) is compared with adjusted budgets. The adjusted budget combines the original February/March 2003 provincial budget with the October/November 2003 provincial Adjustments Budget. Table 1 indicates their revised budgets against which the preliminary year-end figures are compared.
Provinces spent R170,1 billion, or 99,5 per cent of their R171,1 billion adjusted provincial budgets. This is R24,2 billion or 16,6 per cent higher than the expenditure recorded at the end of the 2002/03 financial year.
2.5 per cent of their total budget, with the Eastern Cape spending 2,1 per cent more than its adjusted budget, and Limpopo, Mpumalanga, Western Cape all spending 2,5 per cent less. Spending capacity has therefore improved in all provinces.
Personnel expenditure is R81 billion or 47,6 per cent of total provincial spending.
Provinces have slightly overspent on social services (education, health and social development1), spending R139,1 billion or 100,9 per cent of the R137,8 billion adjusted budget for these services. Overall social services spent 81,7 per cent of total provincial spending.
Education expenditure totalled R59,8 billion or 100,4 per cent of the R59,5 billion adjusted provincial education budget, and is R7,1 billion or 13,4 per cent higher compared with the 2002/03 financial year. It comprised on average 35,1 per cent of total provincial expenditure, varying from the lowest in Northern Cape (31,1 per cent) and Western Cape (31,3 per cent), to the highest in Mpumalanga (38,7 per cent).
The education budget is largely personnel driven, comprising 83,3 per cent of the total education expenditure in provinces, totalling R49,8 billion or 100,4 per cent of the R49,6 billion adjusted provincial education personnel budgets. The share of personnel expenditure in education is the lowest in Gauteng at 74,6 per cent, and highest in Eastern Cape (86,5 per cent), North West (87,5 per cent) and Limpopo (87,9 per cent).
Health expenditure is R37,1 billion or 99,3 per cent of the R37,4 billion adjusted provincial budget. Health spending has increased by R3,9 billion or 11,6 per cent compared with the previous year. It comprises 21,8 per cent of total provincial expenditure, with personnel expenditure comprising 56,4 per cent of total provincial health spending.
Note that the share of health spending as a percentage of total provincial spending varies depending on whether provinces have academic or large central hospitals, which are concentrated in Gauteng, Western Cape, KwaZulu-Natal and Free State. For this reason, Gauteng has the highest share of health expenditure at 28,5 per cent, followed by Western Cape (26,7 per cent) and KwaZulu-Natal (24,2 per cent).
Provinces overspent on social development, spending R42,2 billion or 103,2 per cent of the 40,9 billion adjusted budget, representing an increase of R9,8 billion or 30,2 per cent compared with the previous financial year. This is mainly the result of the rapid acceleration in the take-up of the Child Support and Disability Grants due to the higher-than-anticipated number of beneficiaries.
Social development comprises an average of 24,8 per cent of all provincial spending, overtaking health to be the second largest spending item in provinces, after education. In 2002/03, social development expenditure as a share was 22,2 per cent of total provincial spending, slightly lower than health at 22,8 per cent. However, in spite of the average national share, the share of social development in some provinces is still lower than health, particularly in those provinces with academic hospitals, like Gauteng and Western Cape.
Its share varies greatly between provinces, with Eastern Cape (28,1 per cent) and Northern Cape (27,5 per cent) significantly higher than average, and Gauteng significantly lower than the other provinces at 19,2 per cent.
The preliminary outcome of provincial expenditure indicates that capital expenditure2 is R17,4 billion or 90,8 per cent of the adjusted provincial capital budgets. This is a significant improvement on last year, as provinces have spent R2,9 billion or 20,1 per cent more than the previous financial year. Capital expenditure comprises about 10,2 per cent of all provincial expenditure, with provinces like Gauteng having the highest share at 14,2 per cent, followed by Eastern Cape (11,5 per cent) and KwaZulu-Natal (10,1 per cent), with the lowest share in North West at 7 per cent.
The provinces that spent the highest proportion of its adjusted capital budget was the Free State at 97,3 per cent, Limpopo (95,7 per cent) and KwaZulu-Natal (95,5 per cent). The lowest level of capital spending is recorded by Northern Cape, spending 76,7 per cent of its adjusted capital budget. In absolute terms, the highest capital expenditure is in Gauteng at R3,9 billion, followed by KwaZulu-Natal and Eastern Cape both at R3,4 billion.
The extent of underspending on capital cannot be assessed at this stage, as the share of the remaining R1,8 billion may also be committed and not paid out due to the multi-year nature of capital projects. Almost half of the underspending on capital (R815 million) is in the housing sector.
The biggest provincial capital budgets are for Public Works, Roads and Transport. These departments have performed remarkably well, having spent almost all (99,9 per cent) of the R4,9 billion adjusted budget. The level of spending has significantly increased by R656,6 million or 15,5 per cent compared with spending at the end of the 2002/03 financial year. However, despite this improvement, there is a variation among provinces, as the public works, roads and transport departments in Mpumalanga spent only 78,7 per cent, followed by Free State at 83,7 per cent.
2 It is not clear what proportion of the capital spending are transfers, and what proportion of these transfers reflect actual spending.
Capital spending on education is recorded at R2,9 billion or 100 per cent of their adjusted capital budget. This level of spending shows great improvements compared with last year, as this year's spending exceeds that of 2002/03 by R1,2 billion or 76,5 per cent. Spending in Northern Cape (62,6 per cent) appears to be the lowest, while KwaZulu-Natal (106,6 per cent), Gauteng (105,5 per cent) and North West (103 per cent) all overspent their adjusted education capital budgets.
Capital spending on the health sector is lower, as a share, at R2,3 billion or 81,1 per cent. This is a R463,2 million or 16,8 per cent decline in spending compared with the previous year. Between provinces, Free State (40,7 per cent) and Northern Cape (45,7 per cent) recorded the lowest level of health capital spending while Eastern Cape (98,6 per cent) and KwaZulu-Natal (94,2 per cent) recorded the highest level of spending. It is also not clear to what extent the low Gauteng health expenditure of 62,2 per cent reflects under-reporting due to some spending being classified under its public works department.
Capital transfers to households through the housing subsidy grant amounted to R4,4 billion or 84,4 per cent of the R5,2 billion adjusted housing capital budget. Whilst the level of spending has increased by 12,2 per cent or R478 million compared with the 2002/03 financial year, the R815 million or 15,6 percent underspending is larger than that of any other sector (nominally and as a share). It is not clear to what extent transfers to local government and other public agencies are recorded as actual spending, particularly where such transfers have not been spent.
The lowest level of spending is recorded by Gauteng at 59,4 per cent followed by Western Cape at 64 per cent. The highest level of spending is recorded by Free State at 126,5 per cent and KwaZulu-Natal (100 per cent), which has spent all of its adjusted housing capital budgets.
 Provinces have collected R6,3 billion or 15,9 per cent more than the budgeted R5,5 billion own revenue for the 2003/04 financial year.
 The high rate of collection is an indication of the conservative revenue projections by provinces at the start of the financial year. The R5,5 billion budgeted amount is, however, less than the R5,9 billion actually collected in the previous year (2002/03).
Page 7 of 8 a low of 101,6 per cent collected in Limpopo to a high of 169,6 per cent collected in KwaZulu-Natal.
 National government transferred all of the R144,7 billion of the equitable share, and R16,8 billion in conditional grants, to provinces to date.
 In total, including adjusted provincial own revenue, provincial revenue at the end of the 2003/04 financial year is at R167,9 billion or 17,5 per cent higher than in the previous financial year.
<fn>GOV-ZA.2004050601En.2012-02-10.en.txt</fn>
The National Treasury has awarded JP Morgan and Barclays the mandate as Lead Managers for the 2004/05 foreign funding. Rand Merchant Bank of South Africa has been awarded the mandate for Senior Co-Lead Manager.
<fn>GOV-ZA.2004050602En.2012-02-10.en.txt</fn>
The Minister of Finance Trevor Manuel, MP, has approved a revised levy on plastic bags this week. A levy of 3 cents per bag, applicable to all sizes of plastic shopping bags, will be implemented as of 01 June 2004. The revised levy was finalised with due consideration to the objectives of the levy and concerns raised by all the relevant stakeholders.
The 3 cents per bag levy would, in the current circumstances, be appropriate to address environmental objectives and accommodate concerns related to employment and competitiveness of the affected industries. A portion of the revenues raised will be used to promote the recycling of plastic waste and general environmental awareness amongst all sectors of society.
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The Minister of Finance, Trevor Manuel, invites the media to the launch of the RSA Government Retail Bond on Friday, 14 May 2004 at 09:00.
The RSA Government Retail Bond is an initiative by the National Treasury as part of its borrowing strategy. It aims to meet part of the government's borrowing requirement through the issuance of bonds to the public.
Retail Bond is also an effort to promote a culture of saving amongst citizens.
Minister Manuel will present details of the RSA Government Retail Bond initiative to the media and other guests.
To RSVP email: lindani.mbunyuza@treasury.gov.za, or tel 012 315 5275 as arrangements for parking need to be made. Please send us your details, including the name of your media organisation. For more information on the retail bond visit the website: www.rsaretailbonds.gov.
<fn>GOV-ZA.2004051401En.2012-02-10.en.txt</fn>
The Financial Action Task Force (FATF), the premier international body charged with safeguarding the global financial system against money laundering and terrorist financing, held a Ministerial meeting on 14 May on the margins of the OECD Ministerial Council Meeting.
The representatives from FATF's 33 members reaffirmed their commitment to the FATF and renewed the FATF's mandate to combat money laundering and terrorist financing for a further eight years. This record 8-year mandate demonstrates that the members of FATF remain united in their commitment to combat terrorism and international crime, and is a sign of their confidence in the FATF as an important instrument in that fight. The ministers commended FATF for its achievements since its inception in 1989, and urged it to continue to mobilize the international community in an even deeper and more expansive effort to fight money laundering and the financing of terrorism.
Moving forward, the FATF will continue to set anti-money laundering and counterterrorist financing standards in the context of an increasingly sophisticated financial system, and work to ensure global compliance with those standards. Moreover, as the formal financial system becomes increasingly closed to terrorists and criminals, the FATF will enhance its focus on informal and non-traditional methods of financing terrorism and money laundering, including through cash couriers, alternative remittance systems, and the abuse of non-profit organisations.
Further information about the FATF and its efforts to combat money laundering and terrorist financing can be found at http://www.fatf-gafi.org.
The FATF is an independent international body whose Secretariat is housed at the OECD. The thirty-onemember countries and governments of the FATF are: Argentina; Australia, Austria; Belgium; Brazil; Canada; Denmark; Finland; France; Germany; Greece; Hong Kong, China; Iceland; Ireland; Italy; Japan; Luxembourg; Mexico; the Kingdom of the Netherlands; New Zealand; Norway; Portugal; the Russian Federation; Singapore; South Africa; Spain; Sweden; Switzerland; Turkey; United Kingdom; and the United States. The European Commission and the Gulf Co-operation Council are also members of the FATF.
For further information, please contact Helen Fisher, OECD Media Relations (tel.: +33 1 45 24 80 97 or helen.fisher@oecd.org) or the FATF Secretariat, 2, rue André-Pascal, 75775 Paris Cedex 16 (tel.: +33 1 4524 79 45, fax: +33 1 45 24 17 60 or e-mail: Contact@fatf-gafi.org).
1 The mandate is attached to this press release.
The current remit of the FATF expires at the end of August 2004. Considerable progress has been made in the fight against money laundering since the inception of the FATF in 1989. However, the FATF still has a major task to perform in continuing to set standards in the context of an ever more sophisticated international financial system. This key role should be completed by carrying out typologies and compliance work in order to ensure global action against money laundering. Following the expansion of its mandate in 2001 to include the fight against terrorist financing and the introduction of the Eight Special Recommendations, the FATF opened up an entirely new area of work. Although much has been done, there is an obvious need for continuing mobilisation at the international level to deepen and broaden anti-money laundering action and the fight against terrorist financing. This document, therefore, sets out the main tasks of the future mandate of the FATF.
Over the years, the FATF's role as an international standard setter has become increasingly important and should therefore continue with the same intensity and energy. The FATF must also continue its work on reviewing measures in the areas of money laundering and the financing of terrorism, for instance, by drawing up guidelines to cover specific areas in the Forty Recommendations and in the Eight Special Recommendations taking into account the views of the industry sectors affected by the FATF's standards. The FATF should also consider the advisability of integrating the two sets of Forty and Eight Recommendations respectively into a single, unified standard. The timing and mechanism for such an exercise should also be carefully thought out and should take into account the feedback and reactions to the revised set of Recommendations.
The FATF should pursue the task of ensuring that members and non-members adopt relevant legislation against money laundering and terrorism, including reserving the right to take appropriate action in response to specific money laundering and terrorist financing threats. An important component of FATF's overall efforts is co-operation with other international bodies. The pilot programme, agreed with the IMF/WB, expired at the end of 2003. In order to achieve the best possible results, cooperation with the International Monetary Fund (IMF) and the World Bank (WB) should continue and indeed become stronger. Moreover, there should be closer cooperation with FATF-style regional bodies and other international organisations throughout the world, both in the fight against money laundering and terrorist financing. The FATF should focus in particular on cooperation with other organisations, such as the United Nations and various donor organisations, and FATF should work with the International Financial Institutions (IFIs) to ensure that the pilot project becomes permanent.
The FATF should continue tocarry out mutual evaluations among its membership (employing the common assessment methodology) to check that the member states have implemented both the Forty and the Eight Recommendations. Accordingly, the FATF should consider how and when it will conduct the alreadyagreed third round ofmutual evaluations. The attention of the FATF should continue to be focused on standard-setting, subsequent legislative work by countries and the effective functioning of anti-money laundering (AML)/countering the financing of terrorism (CFT) systems. The elaboration and adoption of legislation combined with the effective implementation of such legislation should continue to be a priority objective in the successful fight against moneylaundering and terrorist financing. It is essential that this issue should be addressed in mutual evaluations.
5. In addition, one of the primary instruments by which theFATF monitors members' implementation of its Recommendations is the self-assessment exercise, which is a component in the evaluation exercise. This exercise may continue and a new questionnaire may be required to cover the implementation of the revised Recommendations.
In September 1998, the FATF identified seven target countries for membership . Significant progress has been made with respect to the seven target countries, insofar as five of them have already been granted membership status. The FATF should continue to actively work towards the membership of the remaining two countries . However, the FATF has perhaps approached the limit of members if it is to continue to retain its current structure and character. Any future identification of possible strategically important countries should address the issue of geographical balance and the impact on the efficiency of FATF. Finally, the policy for the admission of new members should be reviewed to include counter-terrorist financing criteria.
7. In order to reinforce FATF's position as the world's leading standard setter in the areas of money laundering and terrorist financing, it is essential that as many of the world's countries as possible commit themselves to applying the Recommendations and feel themselves to be participants in the process. Therefore, it would be worthwhile to discuss how to further deepen the co-operation and enhance coordination between FATF, the FSRBs and the OGBS as well as with non-member countries.
8. The FATF needs to be more proactive in its outreach to the FSRBs and the OGBS and to consult with them on essential policy issues. Building on efforts undertaken over the past years, there are numerous steps that can be taken to further enhance these relationships. One possibility would be to have regular technical meetings between the Secretariats of the FSRBs and the OGBS and the FATF Secretariat, and FATF presentations during the meetings of the FSRBs and theOGBS should befurther developed. Another possibilitywould be to consider how the FATF Steering Group could become more involved in consultations with the OGBS, FSRBs or their Steering Groups, where these exist. The FATF should also consider how to provide the FSRBs and non-member countries with additional opportunities for their input in FATF discussions.
1 Argentina, Brazil, China, India, Mexico, South Africa and the Russian Federation.
2 China and India.
FSRBs and the OGBS. Similarly, the FATF should also strengthen the dialogue on AML/CFT policies with non-member countries.
It is extremely important for the future that FATF intensifies its study of the techniques and trends in money laundering and terrorist financing. More attention and resources should be devoted to this work. This applies in particular to terrorist financing, which is a relatively new area of activity for the FATF. A stronger connection between the typologies exercises and the standard setting task of the FATF must be created. The analytical scope and robustness of the typologies reports should be significantly increased and the FATF should also increase its efforts to become the authoritative source of data/information on money laundering and terrorist financing issues. The FATF should also expand its co-operation in the typologies area with FATF-style regional bodies and the Egmont Group.
Communication and publicity should be sustained and further developed, in particular by reaching out, not just to the public and governments, but also to parties affected by the FATF's standards, e.g. financial institutions and certain non-financial businesses and professions. For example, the President/Secretariat could attend key meetings and fora of the private sector organisations in order to highlight FATF's work and receive feedback. Alternatively, there could be more focus on liaison mechanisms with associations or bodies representing such entities, subject to reasonable resource implications.
As the FATF's mandate has been broadened to include new issues, e.g. the fight against the financing of terrorism, collaboration with the IFIs, demands have arisen for greater flexibility and effectiveness in the conduct of its activities. In order to make operations as effective as possible, the present organisation of the work is under review. This review will be concluded before the beginning of the new mandate (i.e. atthe June2004 Plenary meeting).
Each Presidency should continue to be designated by the Plenary for the duration of one year. Ideally, the President should be selected from among the members which have not yet held the Presidency. However, the possibility of selecting a country which has previously held the Presidencycould also be considered.
The main function of the Steering Group should continue to be an advisory one. It would also be legitimate to improve communication between the Steering Group and the Plenary even though the main role of the Steering Group is to provide advice to the President. Following past practice, the President, the past President and the President-designate should be members of the Steering Group for a normal period of three years. Overall, the Steering Group should reflect all the categories of FATF members in terms of geography and size.
Given the recent and significant expansion of its size, the Secretariat should be more involved in the work of the working groups to ensure co-ordination and consistency. With its current size, the Secretariat should be able to cope with the tasks contemplated in this mandate. Since the arrangements with the OECD have worked satisfactorily in the past, there seems no reason to change them.
The current arrangements for financing the FATF activities should be retained. The cost of the Secretariat and other services should be met by the FATF budget, using the OECD as the channel for these operations. With regard to the method of financing the FATF, members should continue to contribute according to the OECD scales. In addition, other members could also make voluntary contributions to the FATF budget if they wish, so as to provide further resources, in a flexible manner. A mechanism for providing the annual financial statements to members should be established. Information related to member countries in arrears should also be provided to the Plenary.
Since its inception, the FATF has been operating under a temporary life-span and requires a specific decision of the Task Force to continue. For the sake of stability and continuity and given the widening of the remit to include terrorist financing, the FATF should continue its work in the areas covered in this mandate for a period of eight years (i.e. expiration of the mandate in December 2012). However, in order to ensure that the FATF's activities concentrate on the requisite issues, continuous follow-up of the work is essential and there could be a mid-term review during that period.
<fn>GOV-ZA.2004051901En.2012-02-10.en.txt</fn>
The National Treasury launches the new RSA Government Retail Bond today, 14 May 2004.
The RSA Retail Bond is a no cost, safe, secure and risk free investment for ordinary South Africans, which offer Bond Market returns directly to the public.
Create an awareness of the importance to save amongst the public.
Returns in the government bond market have outperformed the rest of the market for the past 10 years. With the addition of the RSA Retail Bond to the National Treasury's already diversified portfolio of financial instruments on offer, ordinary RSA citizens now have the opportunity to benefit from similar returns.
The interest rates on the RSA Retail bond will be priced off the government bond yield curve. The prevailing interest rate of the retail bond will be fixed from the date of purchase until maturity. If rates move more than fifty basis points during a month, new rates will be determined for the following month. The new rates will be published on the RSA Retail Bond website, National Treasury website, at Post Offices countrywide and in the newspapers. The public can buy a two-year, three-year or five-year maturity retail bond. They can also make a combination of these three bonds with a minimum of R1000 per bond.
The first RSA Retail Bond will be issued on 24 May 2004.
Online on the RSA Retail Bond website at www.rsaretailbonds.gov.
At any Post Office.
A duly completed application form.
The National Treasury hopes the RSA Retail Bond will encourage a new generation of South African savers.
The website address of the RSA Retail Bond is www.rsaretailbonds.gov.za.
The RSA Retail Bond help line is (012) 315 5888. For details on the Retail Bond please contact the helpline.
<fn>GOV-ZA.2004052601En.2012-02-10.en.txt</fn>
Mr. Trevor A. Manuel
Allow me on behalf of the South African delegation to express our sincerest gratitude to the Government and the people of Uganda for the warm hospitality extended to us during our stay in Uganda.
I would also like to express my appreciation to the management of the ECA and the ADB for their efforts in organising their Annual Meetings back-to-back for the second consecutive year.
As we congratulate the ADB on the occasion of its 40th anniversary, we also celebrate Africa Day and the revolution that has taken place in our collective determination to act together to accelerate and take ownership of our destiny.
I would also like to echo President Museveni's words, where he concluded that today is a fitting celebration of Africa's strength and tenacity. The African Union, with its progressive Constitutive Act, and underpinned by effective and accountable institutions, such as the Pan-African Parliament and the African Peer Review Mechanism is testimony to that.
This observation has been made by Governments elsewhere in the world, who have also found it appropriate to partner with Africa for development. For the fifth time, this year, some African Heads of State have been invited to the G8 Summit to discuss taking NEPAD forward. This moment of interest, support and conscience should not be lost.
NEPAD has shifted the centre of decision-making about Africa from North to South. Our responsibility is to strengthen the locus of African decision-making. At the national level, the importance for equitable growth, macroeconomic stability and microeconomic policies that facilitate competitiveness and sustainable wealth creation cannot be overstated. Capable state institutions are required for African states to balance the distribution of economic burdens and opportunities.
The difficulty is that such reforms can themselves be further weakened by large-scale financial assistance with tight conditionality. Poverty in Africa is of such scale that efforts to address it require far more than reform in individual countries - it requires concerted activism, reform to our multilateral institutions, their instruments and their attitudes.
We need additional, better-harmonized, untied and more predictable development assistance. While substantial progress has been made in strengthening the national ownership of poverty reduction strategies, this needs to be matched by similar efforts at the global level. The lack of progress on issues of voice, participation and voting power of developing countries in the IMF and the World Bank is disappointing and is holding back the creation of productive global partnerships.
Further to that, we cannot talk about productive global partnerships for development without seeing significant and rapid progress in market access for products from developing countries to the OECD countries. The argument in favour of trade distorting measures is passé.
Despite an increasingly positive economic outlook in Africa, substantially faster growth will be needed to reduce poverty and to meet the Millennium Development Goals in Africa. Over the past twenty-five years, our continent has grown poorer - not richer, and only 4 countries are on track to meet the MDG in 2015. On present trends, Africa as a whole will only achieve the universal education targets in 2029, halving poverty will require another 100 years, and meeting the child mortality rates will only happen in 2169. Unfortunately, these targets seem only to be tangible at the multilateral level, but not at the national level, where accountability really matters.
The year 2005 presents us with a collective challenge to take stock, reflect and substantially galvanise efforts towards the Millennium Development Goals. It may well allow us a last opportunity to come together in scaling up efforts towards the MDGs. Let us celebrate the start of the work of the African Peer Review Mechanism later this month. This is testimony to our collective determination to shift the locus of decision-making towards Africa. The obligations to match this effort now rest with our development partners.
In the South African spirit, I would say "Halala Africa, halala".
<fn>GOV-ZA.2004052602En.2012-02-10.en.txt</fn>
Today the Republic of South Africa successfully launched a new 6.5% US$1billion 10year Global bond maturing on 2 June 2014. The transaction was preceded by a 5-day investor roadshow in major European and US centres.
The success of today's transaction reflects South Africa's strong economic fundamentals, consistent economic policy and solid investment grade rating. The transaction completes the South African Government's funding program for fiscal year 2004/2005 in the international capital markets.
The new bond was priced at 195bps (1.95%) over the 10-year US Treasury, providing South Africa with its lowest ever spread and coupon in the Dollar Bond market. The issue was placed without any pricing concession to South Africa's secondary spread curve, demonstrating the attractiveness of the South African credit despite recent volatility in the international bond market.
Copies of the prospectus supplement and prospectus may be obtained by contacting either of the joint lead managers and bookrunners for the transaction.
Rand Merchant Bank - A division of FirstRand Bank Limited acted as a senior co-lead manager.
<fn>GOV-ZA.2004053101En.2012-02-10.en.txt</fn>
Allow me first to thank you for inviting me to address you today. Since I was appointed Minister of Finance in 1996, addressing the international and domestic aspects of globalisation has been a primary concern of South Africa's policy making.
Our decision to reintegrate the South African economy with the global economy has created for us unprecedented challenges in addressing the various pressures, risks and opportunities that derive from that process.
Of those challenges, perhaps the most difficult has been trying to ensure that our social and political values are expressed via our policies and institutions in the face of expectations by international organisations, other governments, investors and business of conformity with practices elsewhere.
The challenge is to balance policy in such a way that we maximize the political contentment of our citizens and the economic value of the practices and benchmarks that globalisation carries with it.
At the same time, however, a wide swathe of globalisation's practices either do not add positive economic value or are biased against the poor. For this reason, the creation of appropriate and strong institutions holds such critical economic and political value to developing countries - such institutions enable the poor to gain from economic integration and globalisation. And, they make many of the policy prescriptions that accompany globalisation capable of being realised by developing countries.
Consider the failure of monetary authorities in the Asian Crisis: East Asian central banks, after years of strong capital inflows, stopped monitoring the inflows and stopped sterilizing them. The result was a massive build-up in foreign currency liabilities, such that when the outflows occurred, monetary and fiscal adjustments dramatically increased poverty, unemployment and dislocation - with the poor bearing the brunt of the adjustments to income. The average decline in GDP in countries afflicted in the Asian Crisis was 12.2%.
In the example of the Asian Crisis, moreover, other institutions failed, including those responsible for preventing international financial contagion. The International Monetary Fund did not have appropriate instruments to address the crisis. This has resulted in considerable reform of the international financial architecture since 1998, including the development and use of Reports on Standards and Codes, the use of collective action clauses in sovereign debt issuance, and constant interaction between countries to identify and act on shortcomings in the system.
in particular ensuring that the poor gain from globalisation. Again, appropriate private and public institutions and good policies, especially those to sustain rapid economic growth, can provide some of the solutions to these problems, but not all.
1 An IMF paper (Saxena & Cerra, 2003) estimates the average cumulative output loss from the Asian crisis to be 12.2% of GDP. This figure is based on an average of 6 countries (Hong Kong, Indonesia, Korea, Malaysia, Philippines & Singapore) and represents the permanent reduction in output due to the crisis. However, there are signficant variations between countries, with estimates ranging from 1.5% for the Philippines to 22.3% for Indonesia.
their attitudes, and a sea change in political attitudes on trade and agriculture in developed countries.
In the African context of inconsistent growth and widespread poverty, the globalisation challenge can tip states in the wrong direction - away from good governance, effective regulation, and pro-growth policies and toward rentseeking, the stifling of the private sector, and the further weakening of already inadequate social policies and institutions.
Africa has been slow to develop the sort of international institutions capable of assisting in the policy and sectoral adjustments needed to benefit from globalisation. The OAU was notoriously weak in this area. Regional institutions and arrangements have also lacked the institutional capacity to offer external support to adjustment or to create the large-scale infrastructure projects to support market creation. And that weakness is often mirrored by the cautious approach of many African states to integration, largely because of a perception that regional integration results in a loss of sovereignty or policy autonomy.
These considerations should help to focus our attention on continued efforts to arrange our international financial system in a way that helps poorer countries to benefit from globalisation. A number of institutions and processes currently operating or underway have this aim in mind - the challenge is how to ensure their success in an inhospitable global political and economic environment.
Tony Blair, Prime Minister of the United Kingdom, recently launched a Commission for Africa to look at a range of issues constraining growth and development in Africa. A primary goal of the Commission is to leverage financing from the G8 for further development, and ensure that countries that are capable of using more development assistance are not constrained financially.
In considering the Commission and its efforts, it seems important to keep in mind that many developing countries in Latin America, Africa, and South Asia have made great strides in policy reform, institutional development, and economic governance. Their ability to use greater levels of aid comes at a time when the political will in developed countries to give more aid is low. All countries have agreed to provide 0.7% of their GDP in development assistance. Very few come even close to achieving that, in particular the United States, which gives a mere 0.13% of GDP in aid.
The Development Committee, which is a joint IMF and World Bank committee of ministers of finance and ministers of development, has over the past 5 or so years played an increasingly important role in enabling the international community to guide the policy and programmatic focus of the Bank and Fund in their work in low-income countries. In particular, we have refocused the Bank on harmonizing development aid and ensuring that the Bank is at the center of the process of coordinating movement toward the Millennium Development Goals. In April the Committee approved the first of a series of tools for measuring progress called the Global Monitoring Report.
Both of these efforts reflect a deeply troubling reality - one in fact which we all are aware of to some extent, and one which the Global Monitoring Report makes abundantly clear. That is, that on balance the developed world is not living up to its own commitments made at the Millennium Summit, in Monterrey, at Johannesburg.
Among them was to raise the levels of development aid to 0.7% of GDP, and to ensure that the aid is harmonized and effective. Probably more important was the commitment made to lower trade barriers and subsidies to exports of manufactures, textiles and agricultural products.
In an environment where the cost of informing an educated public is low, and therefore the politics of keeping these commitments in rich countries should not be so adverse, it becomes increasingly difficult for developing countries to not view the lack of commitment as a veiled attempt to constrain development in developing countries. This sentiment becomes even stronger when there is resistance to reforming the governance structures of our multilateral institutions.
Why is it that the managing director of the IMF must come from Europe when almost of all of its lending, whether short or medium term, goes to developing countries The argument normally used about shareholdings - that current shareholders finance the Fund - does not hold, because any reasonably accurate attribution of global GDP would see a much larger chunk of GDP and therefore shareholding go to big and fast growing developing countries. At the end of the day, European countries are vastly over-represented on the boards of the Fund and the Bank?
In this inhospitable climate, two broad priorities emerge for Africa and developing countries generally. The first is to overcome the barriers to our economic expansion and industrial diversification posed by developed countries. Brazil, India and South Africa have begun to build and strengthen South-South cooperation on international financial issues and trade - both in terms of a position in the WTO and in terms of reducing barriers to trade and investment between our economies. But such an extra-regional approach needs to be complemented by regional and national development strategies.
At the national level, Dani Rodrik has pointed out the importance for growth of macroeconomic stability and microeconomic policies that facilitate the shifting of people from old and non-competitive industries to new industries and new forms of economic activity.2 Such policies entail assertive re-skilling, high quality education, and access to social and other forms of capital in open environments in which individuals can take advantage of new economic opportunities.
Such a view of economic growth also needs to take into account the capacity of some social groups to consistently push the burden of economic adjustment onto the poor and marginalized. As a prerequisite for more effective financial assistance, reform of domestic economic governance, policies and institutions seems vital.
The difficulty is that such reforms are unlikely to be achieved by weak states, which can themselves be further weakened by large-scale financial assistance with tight conditionality. Not only are weak states incapable of defining and operationalizing broader notions of public welfare, but they often have no interest in moving in that direction. As Nancy Birdsall has pointed out, conditionality can both be a reflection of and cause of a conflict-of-interest between donors and governments.
For African states to balance the distribution of economic burdens and opportunities requires creativity and active, capable state institutions - governance reforms and technical capacity building should go hand-in-hand. In short, while governments and states need to be inventive and devise new policies and new ways of resolving the problems caused by globalisation, relatively traditional functions of the state still need to be fulfilled - providing economic security at the same time as they allow economic activity. The dimension of the challenge to states has been enlarged by globalisation, but the state's function remains the same.
The challenge posed by globalisation is that as policy makers we must constantly grapple with the new pressures and changes of our environment - new areas of policy, new regulations and institutions all confront us every day. And some times, of course, the pressures become very great and we do nothing, taking refuge in the idea that we are sovereign and using the threat of its loss as a means of defending our inaction.
Indeed many African communities hold too dear the idea of national sovereignty, perhaps because it is a relatively recent facet of our existence, but also - because like in all other communities - it is seen to be politically useful.
2 Dani Rodrik, "Development strategies for the next century" February 2000.
3 Nancy Birdsall, "Why it matters who runs the IMF and the World Bank," Centre for Global Development Working Paper #22, January 2003.
development are manifest in the weak level of trade between our economies, the lack of infrastructure, and our small size.
To overcome our aversion to regional and global institutions, it seems critical that we recognize that collective state action need not reduce sovereignty. Indeed, it seems to me that the European experience of integration suggests that national sovereignty may be enhanced through integration, despite the piecemeal loss of sovereignty in some areas. When applied to the pressures of globalisation, this thesis seems to hold even more strongly -- globalisation can be addressed in regional and global institutions in such a way as to increase the power of states and better reflect the social and economic preferences of their citizens.
This idea seems especially pertinent in a regional context. Limited infrastructure, non-existent regulation or limited enforcement capacity, thin and undiversified markets for finance, goods and services all limit the extent to which African economies develop. The experience and practice across the continent is of course diverse. While some regions remain in low-level equilibria, others have made great strides in bedding-down policy, regulation, and macroeconomic stability, and are reaping the rewards of higher investment.
Despite international economic turmoil, economic growth in Africa is expected to average 3.1% this year and 4.2% next year. This is more than twice the average growth we achieved from 1984 to 1993, and marginally higher than the average for all developing countries.
But we are unlikely to reap the rewards of more rapid economic growth with only macroeconomic stability. Growing our economies requires us to create and support effective regional institutions that are credible interlocutors for national governments. This means that they are backed by appropriate economic and political governance mechanisms, both internal to the regional institution and at the national level. They should be able to ensure public sector lead provision of market infrastructure and foster the private sector. As the cornerstones of the African Union, Regional Economic Communities (RECs) must be strengthened to provide the framework for developing cross-border market infrastructure, addressing externalities, and forming common policies and regulations.
As in the context of domestic governance noted earlier, in this area weak states can be critical obstacles to progress.
I am not a believer in the idea that either the institution of the state or the institution of the market can or should do everything in economic development. There are simply too many examples of failures of systems of paternalistic states and uncontrolled markets for me to accept either as a onesize-fits-all model for development.
Our model is one of an active, accountable state, dependent on appropriate and non-distortionary revenue generation to provide the means for individuals to engage in economic activity in markets - and where people are unable or incapable of doing so, to provide a standard of living. That model depends in turn on well-regulated markets in which the private sector invests, produces, employs, and competes.
To my mind, that is a very special partnership, and one which informs NEPAD, and in particular the move toward peer review and use of standards and codes in Africa. Such a state can work in partnership with the private sector to unlock rents, expand economic activity and reduce poverty.
More generally, the idea of coalescing national economic demands into politically sound regional institutions is also important for the achievement of broader objectives, especially the development of a more fair global trade regime, some capacity to address the impact of capital flows, and reform of global economic governance.
In part, the development of common interests through deeper regional institutions becomes increasingly important for Africa, as multilateral trade discussions have become less useful in the current environment of stronger regional trading blocs - but also because deeper regional cooperation enables Africans to approach the multilateral system differently.
A more robust African response to a weaker multilateral system might entail greater focus on basing regional economic communities in Africa on free trade agreements and customs unions of regional neighbours, and then progressively linking them to each other through phased reduction of tariffs and non-tariff barriers. Functional regional economic governance structures based on a core of free trade between members would provide a solid institutional underpinning for the African Union and for negotiation with other countries and regional communities.
Common monetary areas in regional economic communities, and later the African Union, and the development of effective and accountable institutions, such as the parliament for Africa and the peer review mechanism, will further contribute to Africa's ability to address the pressures of globalisation.
In summary, NEPAD enables us as Africans to better manage what we get out of the international financial and developmental architectures, at the same time as it asks us to pursue domestic reforms that ensure that we maximise the benefits.
In combination with the finely structured NEPAD efforts, the international environment must become more supportive of our efforts in Africa and the developing world more generally. The failure so far to make significant progress in lowering agricultural subsidies and increase market access is a dismal reflection of global insecurities, and sours the commitments made in Monterrey and Johannesburg to do much more than trade reform.
Nonetheless, I want to conclude my talk with some comments on what increasingly seems to me to be a prerequisite for a supportive international economic environment. That is, to complete the reform of the international financial architecture that was given so much energy by the Asian crisis.
One of the key realisations in the aftermath of the Asian crisis (and reinforced by Argentina) was that domestic regulatory institutions and governance matter, not just for prevention of crises but also for their resolution and the recovery of the stricken economies. To get a handle on domestic weaknesses that make economies prone to crisis, it was important to engage more fully with governments and the national economic and regulatory systems they are responsible for. For that reason, and others, a range of emerging market economies were invited to the discussions on prevention and resolution and helped in the formulation of new codes and standards.
All of this has been immensely beneficial for the international financial system, the strengthening of regulatory and oversight functions in national systems, and the spreading of knowledge. Global economic governance, and hence reform of the international financial architecture, however, remains incomplete. We need a multilateral basis for overcoming future bouts of financial contagion - to maintain the connection between developing economies and international capital and goods markets and enable them to grow and reduce poverty.
The logical extension of the new role of emerging market economies and other developing countries would have been to reform the governance of multilateral institutions to enable them to take part in the decision making of those bodies. Not only would this strengthen reform efforts, and thereby reduce the contingent costs of future crises, but would also strengthen the legitimacy of those institutions in other parts of the developing world - thereby helping to start developing countries on the right institutional and policy footing as their economies mature and diversify.
Instead we are left with multilateral institutions, which, despite the impressive efforts of their staff, are experiencing a degradation of their legitimacy because of their governance structures. As a result, few developing countries want to heed their advice, unless they have to - a situation that reinforces weak legitimacy.
That hope, however, is merely a reflection of a more general point - that for too many countries around the world the idea of a reasonably stable international financial and economic order are quickly becoming remnants of a multilateral past - even as the social and economic implications of our growing interdependence touch our most remote communities.
Perhaps we should not be fooled into believing that multilateralism worked so perfectly in the past. After all the Bretton Woods System itself masked many international conflicts over macroeconomic policy coordination and negative spillovers. And most African countries have had a dismal one-sided relationship with that system - one that has done little to help them become independent and sustainable.
We have defined a path to resolve the complex of problems associated with dependence and sustained growth, but it is time that the international system made our work easier, not more difficult. We should keep in mind that there are many more actors on the international political and economic stage today and there will be even more tomorrow - common interests might be more difficult to define in our developing plurality but they are no less critical to our common future.
<fn>GOV-ZA.200405GfundreportEn.2012-02-10.en.txt</fn>
The summary of statements of monies kept in trust in the Guardian's Funds as set out on page , for the year ended 31 March 2005, has been audited in terms of section 188 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), read with the Public Audit Act, 2004 (Act No. 25 of 2004). The summary of statements, the maintenance of effective control measures and compliance with relevant laws and regulations are the responsibility of the Master of the High Court. My responsibility is to express an opinion on the summary of statements, based on the audit.
The audit was conducted in accordance with Statements of South African Auditing Standards. Those standards require that I plan and perform the audit to obtain reasonable assurance that the summary of statements is free of material misstatement.
examining, on a test basis, evidence supporting the amounts and disclosures in the ï¬nancial statements, assessing the accounting principles used and signiï¬cant estimates made by management, and evaluating the overall ï¬nancial statement presentation.
Furthermore, an audit includes an examination, on a test basis, of evidence supporting compliance in all material respects with the relevant laws and regulations which came to my attention and are applicable to ï¬nancial matters.
The audit was completed in accordance with the Auditor General Directive No.
I believe that the audit provides a reasonable basis for my opinion.
The summary of statements prepared for the Guardian's Funds is a consolidation of the ï¬nancial statements of the 10 master's ofï¬ces into six regions that administered the Guardian's Funds. The summary of statements submitted for audit purposes for the year ended 31 March 2005 excluded the ï¬nancial amounts of the Mmabatho ofï¬ce. These statements had not been included due to inadequate/irreconcilable accounting records maintained.
At the time of ï¬nalising the audit report a signed summary of statements has not yet been presented for audit purposes.
The Guardian's Fund operated a manual ï¬nancial management system which could not produce timely ï¬nancial statements compliant with generally accepted accounting practice (gaap). The Guardian's Fund therefore could not comply with the requirements as set out in Audit Circular No. 1 of 2005, which states that the ï¬nancial statements should be prepared within two months of year-end and in accordance with gaap.
It is impractical to disclose the nature of the deviation from the statements of Generally Accepted Accounting Practice (GAAP) as this would involve a reproduction of all the ï¬nancial records.
Conï¬rmations received from a commercial bank reï¬ected a difference of R1 272 050 (2004: R44 million) which was not accounted for in the summary of statements. This was as a result of inadequate bank reconciliations.
Consequently, I could not satisfy myself regarding the completeness and accuracy of the information contained in the summary of statements.
Accounting for transactions in the funds, which were administered by the respective masters of the provincial divisions of the High Court, were still performed manually.
The current systems, prescripts and methods of work did not enable the production of ï¬nancial statements that were reliable, accurate and complete. The complexity of the manual system, the enormous number of interest calculations, the record-keeping of thousands of beneï¬ciary accounts as well as the calculation of the annual interest provision posed a material risk of error and hindered the compilation of timely and accurate records.
Notwithstanding the lack of computerisation, no alternative procedures were used to negate the risk of record cards being misï¬led, lost, stolen or destroyed. The risk of creating ï¬ctitious cards leading to the payment of ï¬ctitious beneï¬ciaries was therefore increased.
An outdated procedure manual was in place at the Guardian's Fund to guide the employees in their day-to-day duties and to ensure that functions were performed consistently and in accordance with relevant rules and regulations. Staff performing the functions could not adhere to the documented procedure manuals due to changes in the systems. Therefore they adapted the manuals in performing their functions on a daily basis. This, however, had not been approved. According to the documented policies there were also no speciï¬c controls in place to detect fraud.
The drafting of new policies and procedures to accommodate the proposed computerisation of the fund was still in progress.
Reconciliations between the obligations per the beneï¬ciaries' trust account cards and the monies in the bank identiï¬ed shortfalls in monies at Bisho and Umtata amounting to R5,55 million and R3,59 million, respectively.
The shortfalls for the Bisho ofï¬ce and the Umtata ofï¬ce have not been reconciled since 2003.
The Guardian's Fund is required to calculate interest on all interest-bearing accounts at the applicable interest rate, as determined annually by the Minister of Finance. No interest was calculated or accrued on the inactive account cards. The amount of the interest was not quantiï¬able due to the enormous manual records. Audit procedures for veriï¬cation could therefore not be performed.
Monthly reconciliations were not performed between the Guardian's Fund's records and the Public Investment Commissioner (PIC). Conï¬rmations received from the PIC reï¬ected a difference of R248 million, which had not been recorded in the books of the Guardian's Fund.
Included in the conï¬rmation received from the PIC were two accounts, namely the main account and the reserve fund account of the Guardian's Fund amounting to R807 844 (2004: R940 000) and R10.1 million (2004: R11,8 million), respectively. These accounts had not been accounted for in the books of the fund.
In terms of section 88(2)(b) of the Administration of Estates Act, 1965 (Act No. 66 of 1965) interest-bearing accounts in the funds that became legally claimable but remained unclaimed for any period must not earn interest after the expiry of ï¬ve years.
Due to the manual system used these monies could not be readily determined and were not transferred to non-interest-bearing monies in terms of the legal requirements. Interest was accrued on unclaimed monies that must not earn interest after the expiry of ï¬ve years. The overstatement of the interest calculation was not quantiï¬able due to the large volume of beneï¬ciary accounts and the incomplete ï¬nancial records. Audit procedures for veriï¬cation could therefore not be performed.
In terms of section 92 of the Administration of Estates Act, 1965 (Act No. 66 of 1965) those monies in the funds that have remained unclaimed by the persons entitled thereto for a period of 30 years from the date upon which such persons became entitled to claim the said money, must be forfeited to the state. Due to the current inefï¬cient manual accounting systems it could not be readily determined which unclaimed monies should be forfeited to the state. Therefore the ï¬nancial statements of the Guardian's Fund included funds that belonged to the state. Audit procedures for veriï¬cation could therefore not be performed.
In terms of section 93 of the Administration of Estates Act, 1965 (Act No. 66 of 1965) commission should be calculated on all unclaimed monies paid into the Guardian's Fund. If the monies are paid and cleared by the bank, the commission should be paid over to the South African Revenue Service (SARS). If the monies remain unclaimed, the entire amount including the commission, is paid over to SARS.
The commission, which should have been calculated and transferred could not be quantiï¬ed due to the large number of account cards and the manual accounting system. Audit procedures for veriï¬cation could therefore not be performed.
Because of the signiï¬cance of the matters discussed in paragraph 3.1 to 3.6 I do not express an opinion on the Summary of Statements as at 31 March 2005.
Tax certiï¬cates regarding interest allocated to beneï¬ciary accounts were not sent to the South African Revenue Service and to beneï¬ciaries on an annual basis as required by the Income Tax Act, 1962 (Act No. 58 of 1962).
In terms of an instruction issued by the National Treasury on 3 July 1998 the PMG account of the South African Reserve Bank was phased out on 31 January 1999 and a separate current bank account for each fund was opened with a commercial bank on 1 February 1999.
Conï¬rmation has been received that the PMG account has been closed since November 2004. However, the summary of statement reï¬ected a balance of R3 080 (2004: R4 million).
The annual reports of the Guardian's Fund for 2002-03 and 2003-04 have not been tabled in Parliament. However, the annual report for 2002-03 was made public on the website of the Master of the Supreme Court.
The assistance rendered by the staff of the Department of Justice and Constitutional Development during the audit is sincerely appreciated.
<fn>GOV-ZA.200405arEn.2012-02-10.en.txt</fn>
To: Ms.
I have the honour to submit to you in terms of section 7(2) of the South African Law Reform Commission Act 19 of 1973, the Commission's report on all its activities from 1 April 2004 to 31 March 2005.
In the year under review a number of factors impeded the Commission's production in so far as it related to the publication of issue papers, discussion papers and reports. Of the nineteen full-time research posts on the Commission's establishment, seven were vacant and one researcher was seconded to Justice College. The vacancies were the result of four internal promotions, one resignation, and two transfers on request. In addition, on request of the Minister and Director-General of the Department of Social Development, two researchers were made available to assist with the parliamentary process in respect of the Children's Bill, and they became members of the Children's Bill Technical Task Team established by the Interdepartmental Children's Bill Steering Committee.
The importance and magnitude of Project 25: Statutory law revision necessitated a reprioritisation of the Commission's law reform programme and a re-allocation of the Commission's human resources to underpin the project. The progress made in the investigation is discussed in Chapter 4. With the advent of a Constitutional democracy in 1994 the legislation enacted before 1994 remained in force. Consequently there are many provisions on the statute book that do not comply with our Constitution, compounded by the fact that at least some of these provisions were enacted to promote the policy of apartheid. Although many of these Acts and provisions have been repealed or amended, many still remain, which lead to litigation to have these provisions declared unconstitutional. Many provisions contained in legislation enacted before 1994 are not only unconstitutional but also redundant or obsolete. The investigation is aimed at ensuring compliance with the Constitution. Government has previously endorsed the investigation and has subsequently requested the identiï¬cation of all legislation enacted prior to 1994 relating to gender insensitivity, or which is discriminatory in nature and unconstitutional as well as the review of provisions in the legislative framework that would result in discrimination as deï¬ned in section 9 of the Constitution (the prohibition of unfair discrimination on the basis of gender, sex, pregnancy, marital status and ethnic and social orientation). Although the Commission's audit of national legislation does not, at this stage, include remnants of legislative enactments passed by the provincial legislatures, governments of the former self-governing territories and the so-called "homelands" of the previous political dispensation, the idea is to extend the investigation to other areas as the investigation progresses and sufï¬cient manpower becomes available.
Most of the Commission's investigations are very complex in nature and necessitate an international perspective, for example the investigations into trafï¬cking in persons and consolidated legislation pertaining to international co-operation in civil matters. In other investigations an entire branch of the law is examined and revised, for example a review of the law of evidence. Annexure C reï¬ects the present research programme of the Commission.
This annual report covers the period from 1 April 2004 to 31 March 2005.
No issue papers were published for general information and comment in the year under review.
Issue papers published by the Commission are listed in Annexure E.
Discussion papers published by the Commission are listed in Annexure F.
No reports were approved by the Commission in the year under review.
The recommendations contained in the reports on surrogate motherhood (Project 65) and access to minor children by interested persons (Project 100) are incorporated in Chapter 20 and clause 23 respectively in the Children's Bill (Project 110: Review of the Child Care Act, 1983).
A report on a compensation fund for victims of crime in South Africa was approved by the Commission on 6 March 2004, and subsequently submitted to the Minister.
A progress report on investigations not yet completed appears in Chapter 4.
The South African Law Reform Commission was established by the South African Law Reform Commission Act 19 of 1973.
A judge of the Constitutional Court, the Supreme Court of Appeal or a High Court, as Chairperson.
Not more than eight persons who appear to the President to be ï¬t for appointment on account of the tenure of a judicial ofï¬ce or on account of experience as an advocate or as an attorney or as a professor of law at any university, or on account of any other qualiï¬cation relating to the objects of the Commission.
Section 7A of the Act provides for the establishment of committees of the Commission. There are two categories: committees appointed by the Commission and consisting of members of the Commission only (such as the working committee), and committees consisting of members of the Commission and persons who are not members of the Commission. The latter are appointed by the Minister. The object of the second category of committees is to utilise the expertise of persons outside the Commission and to ensure direct community involvement in the activities of the Commission.
Under the ï¬rst category of committees, the Commission has established a working committee which consists of members of the Commission co-opted for meetings according to their availability.
The working committee may be considered the executive committee of the Commission. In accordance with the Commission's directives, this committee attends on a continuous basis to routine matters and other matters that require urgent attention. The working committee may exercise all the functions of the Commission excluding the approval of reports. The committee also considers the inclusion of new investigations in the Commission's programme. Furthermore, the committee plans and manages the activities of the Commission's secretariat.
Project committees fall under the second category of committees. The Commission follows the practice of instituting project committees consisting of experts to assist with investigations and to advise the Commission if a speciï¬c investigation in the Commission's programme so requires.
The names of the members of the project committees appear in Annexure B. The Commission would like to express its appreciation to individuals and organisations for their willingness to serve on project committees of the Commission.
The Commission is assisted in its task by a full-time secretariat consisting of ofï¬cials on the establishment of the Department of Justice and Constitutional Development. The secretariat consists of an administrative component and a professional component. The Chief Director, Mr W Henegan, serves as the Secretary to the Commission.
The research component of the secretariat consists of 19 State Law Advisers from diverse backgrounds. Their task is to do the necessary research under the guidance of project leaders (who are designated by the Commission), to consult with interested parties, to compile issue papers, discussion papers and draft reports and to carry out other assignments of the Commission.
Seven posts of Senior State Law Adviser are vacant.
The Commission wishes to express its appreciation to the members of the secretariat for their outstanding services to the Commission and the high standard of working documents and reports developed by the research staff.
The Commission also wishes to express its appreciation to the various project leaders (from within and outside the Commission) for guiding the researchers, for the research done by them and for the documents and reports compiled under their guidance.
The Commission's resources are supplemented by funding and technical assistance from foreign and local donors for speciï¬c projects. During the period under review the Commission has received technical and ï¬nancial support from the German Technical Cooperation (GTZ). The Commission wishes to record its sincere appreciation to the GTZ.
The annual report of the Department of Justice and Constitutional Development contains information on the Commission's programme performance and financial statements.
The Act provides that the Commission must from time to time draw up programmes listing in order of priority the matters which in its opinion require consideration. The Commission's programme is subject to the Minister's approval.
The Commission's present programme appears in Annexure C. Annexure D contains a list of all the investigations included in the Commission's programme since its inception and indicates the ï¬nal result or current state of investigations.
Any person or body is free to submit proposals for law reform to the Commission. In each case the Commission considers the merits of a proposal. In some instances a preliminary inquiry is instituted in order to determine whether the inclusion of a matter in the Commission's programme is justiï¬ed. The Commission also includes matters in the programme of its own accord.
Every effort is made to dispose of urgent matters with the least possible delay. However, the Commission has to follow certain procedures which sometimes take up considerable time. The availability of funds and skilled research capacity, the nature and extent of the inquiry and the need for consultation all determine the time spent on each project. Consultation, in particular, is time-consuming, but the Commission regards it as an indispensable part of the law reform process.
Research is done to determine authoritatively the existing legal position and to identify shortcomings or deï¬ciencies that need to be rectiï¬ed. Consultation takes place between the researcher and project committee (where one exists) and interested parties or persons with particular knowledge concerning the matter under investigation. Comparative studies are carried out in order to enable the Commission to beneï¬t from experiences elsewhere in the world. The consultation process is facilitated by the Commission's policy (since 1996) of compiling issue papers as a ï¬rst step. Issue papers outline the problems encountered with particular areas of the law and invite submissions on possible solutions. They are distributed as widely as possible for general information and comment and are in appropriate cases also supplemented by workshops. Responses to an issue paper and further intensive research form the basis for the preparation of a discussion paper.
Discussion papers contain essential information on the investigation and the Commission's tentative proposals for reform. In particular, a discussion paper will include a statement of the existing legal position and its deï¬ciencies, a comparative survey, and a range of possible solutions. In most cases the discussion paper will also include a draft Bill. Members of the public are informed of the availability of discussion papers by press releases and press conferences. In addition, copies are distributed to organisations and, sometimes, individuals whose views on the subject under discussion the Commission particularly wishes to canvass. The responses to the provisional proposals are carefully studied before ï¬nal decisions are made. The Commission also hears oral evidence in appropriate cases. Its recommendations are embodied in comprehensive reports, which are submitted to the Minister for Justice and Constitutional Development.
In making its recommendations, the Commission bears in mind that there is a need to provide access to justice for all, to protect the rights of all parties - especially those of women and children, to make legal processes affordable, to make the law less complicated, and to give effect to the values and principles underlying the Constitution.
Judging from comments received, the Commission's discussion papers and reports are of a high standard. There appears to be an increasing tendency in the faculties of law of various universities to prescribe the Commission's discussion papers and reports as literature for their students at undergraduate as well as postgraduate level.
In view of the many valuable comments and proposals received on the Commission's recommendations as contained in its documents, there is no doubt that its working methods have proved successful. These methods ensure that the Commission's ï¬nal recommendations are well substantiated and are the product of thorough debate. They also facilitate the enactment of the Commission's proposed legislation, which embodies the recommendations.
In the course of its activities, the Commission publishes a variety of documents.
Commission papers and committee papers are internal documents that are normally not available outside the ranks of the Commission. In these papers suggestions for the inclusion of matters in the Commission's programme, research results for the information of or consideration by the Commission, draft issue papers, discussion papers and reports as well as a variety of other matters are dealt with. The papers are numbered in sequence as they serve before the Commission.
In order to involve the community actively at an earlier stage, the Commission publishes issue papers for appropriate investigations as the ï¬rst step in the consultation process. The purpose of an issue paper is to announce an investigation, to clarify the aim and extent of the investigation, and to suggest the options available for solving existing problems.
Discussion papers, previously referred to as working papers, are documents in which the Commission's preliminary research results are contained. In most cases discussion papers also contain draft legislation. The main purpose of these documents is to test public opinion on solutions identiï¬ed by the Commission.
The Act requires the Commission to prepare a full report on any matter investigated by it and to submit such reports together with draft legislation, if any, to the Minister for consideration. All reports of the Commission are ofï¬cial, but not all are published. Annexure D lists the investigations reported on by the Commission since its establishment.
In addition to the reports on particular investigations, the Act provides that the Commission must annually submit to the Minister a report on all its activities during the previous year.
This series has been used mainly for publications intended to make the common law more readily available and contains translated common law sources and noters-up. Papers published in this way are listed in Annexure G.
Issue papers and discussion papers are supplied free of charge to interested institutions and persons who wish to comment on a particular matter. These papers are widely distributed and are also obtainable from the Commission's ofï¬ces. The annual report, papers in the research series and reports on investigations that are published can be purchased from the Government Printer in Pretoria.
The Commission met on 12 March 2005. The working committee of the Commission met on 1 June and 7 September 2004.
that the South African Law Reform Commission be requested to investigate the possibility of a speciï¬c civil action in respect of consequential damages arising from hoaxes (including the possibility of punitive damages) separate from the expenses incurred by the security services, to deal with such hoaxes. The civil action is intended to be separate from the reimbursement order, which may be made by a Court after a conviction in respect of the offence relating to hoaxes (Clause 18(2) of the Protection of Constitutional Democracy Against Terrorist and Related Activities Bill). A provision to this effect in our law is, for example, in respect of riot damage, which occurs as a result of gatherings and demonstrations (see section 11 of the Regulation of Gatherings Act, 1993 (Act No. 205 of 1993)).
In March 2004 the Minister for Safety and Security requested the Minister for Justice and Constitutional Development to refer the Portfolio Committee's request to the South African Law Reform Commission for investigation. The request was referred to the Law Reform Commission in July 2004. In September 2004 the Commission approved the inclusion of the investigation in the Commission's programme.
The Minister approved the inclusion of an investigation into "a specific civil action in respect of consequential damages arising from hoaxes" in the Commission's programme in October 2004.
The retention of the oath in the Criminal Procedure Act, the Civil Proceedings Evidence Act or any other legislation governing the taking of an oath or making of an afï¬rmation in afï¬davits, which would be ï¬exible so that it can easily be adapted to religions which are not part of the Judeo-Christian tradition.
The reversal of the current order so that the afï¬rmation is the "standard" option and an oath the subordinate option.
The removal of the religious oath and replacement with a non-religious afï¬rmation or promise to tell the truth.
As a result of the reprioritisation of the Commission's research programme which was decided on in consultation with the Minister, the Minister approved the removal of the investigation into the abolition of the oath from the Commission's programme in September 2004.
In this Chapter the position regarding uncompleted investigations on the Commission's programme is discussed.
Technical assistance (including funding) to run the project on statutory law revision has been made available by the German Technical Co-operation (GTZ) since January 2003. The investigation involves purging the statute book of redundant, obsolete and unconstitutional provisions.
All State Departments have been informed in writing during July 2004 of the investigation and requested to submit any views or proposals they may have. Departments were invited to bring to the Commission's attention any particular problems relating to legislation administered by them, and requested to nominate a senior management ofï¬cial to assist the Commission on policy issues. In addition, a provisional audit of national legislation appearing on the statute book from 1910 up until the present was compiled. The audit reï¬ected that there are 2 809 individual statutes, which include principal Acts, amendment Acts, partially repealed Acts, private Acts, and supplementary or additional Acts. Departments were approached during August 2004 with copies of the audit to identify the statutes administered by them, and by the end of October 2004 responses were received from all 30 Departments. A total of 328 statutes are still unaccounted for in terms of Departmental responsibility (excluding all the private Acts which do not fall within the public sector). Follow-up letters were dispatched on 2 November 2004 in an attempt to establish Departmental responsibility in respect of the statutes that are unaccounted for. In addition, meetings were held with the Commission on Gender Equality and the South African Human Rights Commission respectively during November 2004 in order to discuss the investigation and to establish mutual co-operation. The respective Commissions were requested to alert the Law Reform Commission of legislation considered to be unconstitutional. A meeting with the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities is also planned.
In August 2004 a draft discussion paper on the review of the Interpretation Act 33 of 1957 was considered in group discussions in Pretoria, Durban and Cape Town. The draft Bill is being ï¬nalised by a consultant.
The investigation initially dealt with international and domestic commercial arbitration only. A report on international arbitration was submitted to the Minister in July 1998 and a report on domestic arbitration was submitted to the Minister in June 2001.
A draft report on community dispute resolution structures was considered by the Commission in March 2005. Amendments are being effected to the draft report and Bill.
The preparation of a draft discussion paper on family mediation is receiving attention.
While it is often said that prostitution is one of the oldest professions, the legal response to it differs from society to society and over the course of time. Internationally, the topic of prostitution remains an emotive one and opinions on the legal treatment of prostitution are generally strongly polarised. This is no different in South Africa.
The ï¬nalisation of a draft discussion paper has been delayed as a result of the researcher's resignation. The preparation of a draft discussion paper is receiving attention subject to the ï¬nalisation of the investigations into protected disclosures (project 123), stalking (project 130) and trafï¬cking in persons (project 131).
The project will receive further attention after the completion of Project 126: Review of the law of evidence.
The purpose of the investigation is inter alia to determine whether legal recognition should be given to same-sex and opposite sex partnerships and if so, what criteria should be used in determining the permanence of the relationship. The investigation is aimed at harmonising family law with the provisions of the Bill of Rights, and speciï¬cally with the constitutional values of equality and dignity. Consideration is being given to the question whether the criteria should be status, or contract-based.
The legalisation of same-sex marriages.
The introduction of a scheme of registered partnerships.
The formal extension of rights and obligations of partnership to adults living in an interdependent relationship which is not a conjugal relationship.
An issue paper on domestic partnerships was published for general information and comment in September 2001. A discussion paper was published for general information and comment in August 2003 and is discussed in the 03/04 annual report.
A report with ï¬nal recommendations and draft legislation will be ï¬nalised after the Constitutional Court judgment in respect of same sex marriages.
There is a need to review existing legislation in this area especially in the light of South Africa's trade and other relations with foreign countries. The present position is that, subject to certain statutory exceptions, a foreign judgment is not directly enforceable in South Africa. Common law procedures are available to litigants but these are expensive, time-consuming and complex.
An issue paper on consolidated legislation pertaining to international co-operation in civil matters was published for general information and comment in January 2003.
A discussion paper was published for general information and comment in June 2004.
The discussion paper examines the various pieces of legislation and the limited extent of their application, thereby highlighting their shortcomings and inadequacies. It is clear that current statutory enforcement has limited scope, thereby rendering it ineffective. The discussion paper identiï¬es the gaps, overlaps, inadequacies and obstacles which hinder progress in this area.
Possible remedies to these problems are also recommended in the discussion paper. The recommendations relate to accession to the relevant Hague Conventions; the provision of a uniform procedure relating to the obtaining of foreign evidence; making the procedure for service of documents abroad applicable to all foreign states; clarity regarding the common law; clarity regarding the international competence of foreign courts; amendments to the Prescription Act; amendments to the Protection of Businesses Act; the use of only one statute for the enforcement of foreign maintenance orders; and the amendment of the Foreign Civil Judgments Act.
The researcher assigned to the project was transferred to the Rules Board with effect from 1 November 2004. A new researcher will be assigned to the project when capacity becomes available.
The Commission, as far back as 1988, undertook an investigation with a view to improving the plight of mentally incapacitated persons who cannot afford the costs involved in securing a High Court appointed curator. Its recommendations led to the adoption of the Mentally Ill Persons' Legal Interests Amendment Act 109 of 1990, which amended the Mental Health Act 18 of 1973. This amendment enabled an interested person to apply to the Master of the High Court (which entails insigniï¬cant costs) for the appointment of a curator to a person who is not declared to be mentally ill, but whom the applicant believes to be suffering from mental illness to such an extent that the person is incapable of managing his or her own affairs.
An issue paper on incapable adults was published in December 2001. A discussion paper was published for general information and comment in January 2004 and is discussed in the 03/04 annual report. It was decided to do further research and consult with certain experts in the process of collating comments and reï¬ning the proposed draft legislation. A draft report is being prepared.
The purpose of the Protected Disclosures Act 26 of 2000 (the PDA) is to provide for procedures and to offer protection to employees who blow the whistle on their employers.
An issue paper dealing with the need for the extension of the ambit of the PDA was published in the form of a questionnaire in January 2003.
The ambit of the PDA should be extended beyond the strict employer-employee relationship to include independent contractors, consultants, agents and other such workers. This would considerably extend the legal environment in which disclosures may safely be made. Comment is invited on the further extension of the protection of the Act to all persons, i.e. the introduction of what is provisionally termed citizens' whistleblowing.
The list of forms of victimisation should be left open-ended to allow additional forms, bearing in mind that any form of victimisation suffered by a whistleblower will inevitably have to be shown to be related to an act of whistleblowing. Further, the deï¬nition of 'occupational detriment' should be extended to include reprisals such as defamation actions; suits based on the alleged breach of a conï¬dentiality agreement or duty; and the loss of a contract or the failure to acquire a contract.
The PDA should provide for the exclusion of criminal and civil liability on making a protected disclosure.
Where the identity of a whistleblower is known, it should as far as possible be kept conï¬dential and protected.
Section 4 of the PDA should be amended to provide expressly for claims for damages with no ceiling; and courts and tribunals should be directed to take into account the actual loss suffered by a claimant when awarding damages.
It is proposed that, without reducing the existing ï¬exibility of section 4 of the Act, the PDA should expressly provide for speciï¬c remedies such as interdicts, including mandatory interdicts.
The PDA should not criminalise the act of knowingly making a false disclosure, and nor should it make it an offence for an employer to subject a person to an occupational detriment.
The comment received on the discussion paper has been collated. The researcher is awaiting comment from the members of the Anti-Corruption Co-ordinating Committee and for the re-submission of comment withdrawn by NEDLAC. The preparation of a draft report is receiving attention.
Privacy is a valuable aspect of personality. While potential invasions of privacy can come from many sources, a chief concern in recent years has been information privacy. Information privacy has been deï¬ned as the claim of individuals, groups or institutions to determine for themselves how, when and to what extent information about them is collected, stored or communicated to others. Information about people and their activities can range from medical records, purchasing habits and property ownership to borrowing habits at the video store, cell phone conversations and surï¬ng practices on the Internet - all mostly recorded in digital form. It is clear that personal information has acquired a market value.
An issue paper was published for general information and comment in August 2003 and is discussed in the 03/04 annual report. A draft discussion paper and draft Bill are being ï¬nalised.
No comprehensive review of all the provisions providing for different prescription periods - whether of a contractual or delictual nature - has been undertaken. When reporting on the Bill which subsequently became the Legal Proceedings Against Certain Organs of State Act 40 of 2002, the Portfolio Committee on Justice and Constitutional Development recommended that the Minister for Justice and Constitutional Development be approached to request the Commission to include in its programme an investigation into the harmonisation of the provisions of existing laws providing for different prescription periods. An investigation into the review of prescription periods was subsequently included in the Commission's programme.
An issue paper was published for general information and comment in August 2003 and is discussed in the 03/04 annual report. The researcher involved in the preparation of a draft discussion paper was transferred to another department. A new researcher will be assigned to the project when capacity becomes available.
It was decided to follow an incremental approach in this investigation. "The principle of relevance" and "hearsay evidence" are aspects that have been identiï¬ed for immediate research. The review of the law of evidence is a specialised ï¬eld and experts have been contracted to do the research.
The previous Minister requested the Commission to investigate administration orders and to follow an incremental approach to distinguish between reforms that could be effected in the short and medium terms and reforms that could be effected in the medium to long terms. The project committee decided in January 2005 to suspend this investigation until the National Credit Bill has been enacted in Parliament. A subcommittee of the project committee has recommended that administration orders in its present form should be abolished since appropriate debtor relief is available in terms of the National Credit Bill provided certain adjustments are made to the Bill. This decision will be submitted to the Commission for consideration.
A questionnaire was distributed publicly and the closing date was extended to 31 May 2003. The processing of questionnaires is still continuing. Although nearly 400 inquiries were received as a result of the publicity that the investigation had received, less than 100 questionnaires were returned to the Commission. In view of the fact that this investigation is of interest to the public in general, the response was not considered as sufï¬cient. By contacting inquirers that had requested questionnaires, the response rate was more than doubled.
The researcher is involved in a departmental task team on the Children's Bill. The investigation will continue when capacity becomes available.
Research will commence when capacity becomes available.
Stalking can broadly be deï¬ned as any type of harassing and intimidating conduct that causes a person to fear for his or her safety. There are different categories of stalkers for example delusional erotomanics, "former intimate" stalkers, sociopathic stalkers, disgruntled clients, cyberstalkers and debt collectors.
An issue paper was published for general information and comment in August 2003 and is discussed in the 03/04 annual report.
A discussion paper was published in September 2004. The discussion paper contains a draft Bill which embodies a civil and a criminal remedy to address stalking behaviour. The primary focus of the Bill is to interrupt the pattern of behaviour before physical harm ensues. The civil remedy mirrors the Domestic Violence Act, 1998. The aim of this remedy is to enable victims of stalking, who fall outside the protection of the Domestic Violence Act, with the option of obtaining a protection order. The Commission also recommends that stalking be made a crime so as to holistically address the pattern of behaviour which constitutes stalking, as opposed to the current situation where individual acts of stalking are dealt with and prosecuted independently. The Commission proposes that persistent unwanted attention that causes one to fear or which causes detriment or distress, should be the point at which mere unwanted attention or annoying behaviour becomes criminal behaviour. This remedy would be applicable to more serious instances of stalking and where the identity of the stalker is unknown to the person being stalked.
A draft report on stalking is being ï¬nalised.
An issue paper was published for general information and comment in January 2004 and is discussed in the 03/04 annual report. The submissions received on the issue paper have been collated. A draft discussion paper is being developed, but its ï¬nalization is being delayed by the researcher's involvement in the Children's Bill process.
The background to this investigation is provided in Chapter 3. Research in the investigation has commenced.
The Administration of Estates Amendment Act 47 of 2002 was passed. In view of the wording of the order of the majority in the Bhe case (Bhe and Others v Magistrate Khayelitsha and Others 2005 (1) SA 580 (CC)) the law on administration of estates has been uniï¬ed and no urgent amendments are required. Amendments to provide for more than one spouse and implement the Bhe decision are receiving the attention of the Department of Justice and Constitutional Development. Measures to improve the administration process and reduce the work of the supervising authority and executors, as far as can be justiï¬ed, have been investigated and a discussion paper dealing with this is being developed.
The Commission depends for the efï¬cient performance of its functions on the co-operation of institutions and persons who have an interest in its investigations. In order to ensure the best possible involvement of interested parties, therefore, it is the Commission's policy to inform the public as far as possible of new investigations undertaken and of issue papers and discussion papers published for general information and comment. Issue papers and discussion papers of the Commission are released by way of press statements so as to ensure good coverage. However, the Commission also submits issue papers and discussion papers of its own accord to institutions that have an interest in the investigations concerned. The reaction to these documents is an indispensable link in the process of law reform and it plays an important role in the eventual recommendations made by the Commission in its reports.
The good relations maintained by the Commission with law reform bodies and institutions in other countries make the exchange of consultation papers, reports and other information possible. In this way valuable information is exchanged that facilitates and expedites comparative law research. It is signiï¬cant how various legal systems are often faced with similar problems. The exchange of documents and information enables the Commission to evaluate thinking elsewhere in the world.
Towards the end of 2001 a conference was convened in Tanzania on best practices in law reform following a visit of the Law Reform Commission of Tanzania to its South African counterpart. The conference resolved that an Association of Law Reform Agencies for Eastern and Southern Africa be established, and a steering committee to take the process forward was elected. In January 2003 a meeting of the steering committee took place in Tanzania where a draft Constitution for the Association was ï¬nalised.
Subsequently a meeting was held in Namibia in August 2003, where representatives of law reform agencies in Eastern and Southern Africa convened to ï¬nalise the establishment of the Association, to consider the draft Constitution, to ï¬nalise the terms of reference of the Executive Committee of the Association, and to deliberate on the future functioning of the Association.
The ï¬rst general meeting of ALRAESA after its formal establishment was hosted by the South African Law Reform Commission in Cape Town from 2 - 4 March 2004 in conjunction with a workshop on law reform. The event was signiï¬cant since it created an occasion to extend the membership of ALRAESA and it also afforded the opportunity to participate in the discussions and decisions affecting the development of ALRAESA. From the perspective of developing trends in law reform as well as strengthening ties with other law reform agencies in Africa, the ALRAESA workshop was of great consequence. The following countries were represented at the general meeting and workshop: Botswana; Kenya; Lesotho; Malawi; Namibia; Rwanda; South Africa; Swaziland; Tanzania; Uganda; Zambia; and Zimbabwe.
An international law reform conference took place in Cape Town from 15 - 17 March 2005 as an ALRAESA initiative, but which was hosted by the Commission. The theme of the conference was "Law Reform in Action: Reviewing the Past, Reforming the Present, and Anticipating the Future". The conference was attended by 90 representatives from 19 countries in Africa as well as Australia, Austria, Canada, China, England, Ireland, Mauritius, New Zealand and Scotland. Developing constitutional democracies in Africa beneï¬ted greatly from interacting with law reform agencies that have for many years been operating in a constitutional democracy and have kept abreast with an intricate and rapidly changing social climate. Globalisation and the development of MODEL laws have brought legal systems closer together. In many respects the spotlight of the world has been turned on Africa and its emerging constitutional democracies where there is a particularly strong need for law reform. The conference presented a unique opportunity to exchange and share ideas in this regard and to strengthen ties with law reform agencies in Africa as well as with other Commonwealth countries.
Parallel sessions at the conference focussed on methodology and operational issues applicable to law reform agencies and others who are not speciï¬cally attached to law reform agencies, but who are involved in the development of legislation. Issues that were covered included project planning and management as well as different forms of research methodology. These sessions offered a signiï¬cant training opportunity to researchers at law reform agencies that are members of ALRAESA, in particular, as well as other law reformers, in general.
Apart from dealing with routine enquiries on a regular basis, researchers and project committee members also participate in various programmes and discussions relating to their research projects. These take the form of, among other things, interviews with radio stations, television appearances, articles in law journals, and liaison with individuals and institutions.
In line with the Commission's policy to broaden its consultation base, extensive workshops and brieï¬ngs in respect of relevant investigations are held. An effort is made to host the workshops and present brieï¬ngs in as many different locations (urban and rural) as possible and the target audiences are, among others, the legal fraternity, relevant NGOs, state departments, Portfolio Committees, relevant experts, and the community in general.
Researchers and project committee members often participate in activities not initiated by the South African Law Reform Commission nationally and abroad. They are invited by government departments, non-governmental organisations and other institutions to attend seminars or conferences and to participate in workshops relating to investigations on the Commission's programme. In addition, they are frequently requested to present papers or lectures on the research projects that they are involved in. This approach facilitates co-operation between the Commission and other role players, serves to publicise the Commission's activities and ensures that duplication of initiatives is avoided.
The Law Reform Commission's comprehensive website can be located at http://www.doj.gov.za/salrc/index.htm. Any person with access to the Internet can subscribe to a free notiï¬cation service for new Law Reform Commission publications.
During the period under review a substantial number of persons and institutions responded to speciï¬c or general invitations by the Commission to comment on particular issues or to assist it with its activities in some respect. It is impossible, within the scope of this report, to mention all contributors. However, the Commission expresses its sincere thanks to all concerned - without their goodwill and assistance the Commission would not be able to perform its duty satisfactorily.
In conclusion, the Commission wishes to thank the Minister and Deputy Minister for Justice and Constitutional Development for their personal interest in and support of the Commission's work. The Department of Justice and Constitutional Development as a whole is thanked for its co-operation and goodwill.
(Current investigations marked with an asterisk, see Chapters 3 and 5.
(In order to involve the community actively at an earlier stage, the Commission decided to publish issue papers in appropriate investigations as the ï¬rst step in the consultation process. The purpose of an issue paper is to announce an investigation, to elucidate the aim and extent of the investigation, to point to possible options available for solving existing problems and to initiate and stimulate debate on identiï¬ed issues.
<fn>GOV-ZA.2004061101En.2012-02-10.en.txt</fn>
In the 2004 Appropriation Bill, Parliament is requested to approve expenditure of R13,942 billion on the National Treasury vote and R503,9 million for Statistics South Africa.
Details of these expenditure proposals are set out in chapters 8 and 13 of the Estimates of National Expenditure, and I will not take the House through every clause and sub-programme. Indeed, I am pleased to be able to confirm that there is considerable continuity in the structure of expenditure and activities of both departments, which reflects the consolidation of reforms and institutional capacity-building that have been in progress over the past decade. Weighty files of material have been provided as reminders for returning Members, and introductions to new Members. I would like to highlight the main changes to spending plans that have been made since the 2003 Budget and trends in key programmes, however, and indicate how they contribute to the wider economic and development goals of our Government.
Madam Speaker, in presenting Stats SA, I cannot put it in any better words than those of our President who in his recent State of the Nation address said: "The government is also in the process of refining our system of Monitoring and Evaluation, to improve the performance of our system of governance and the quality of our outputs, providing an early warning system and a mechanism to respond speedily to problems, as they arise.
Good policy depends on good analysis, and good analysis depends on reliable evidence. Over the past decade, we have seen too much uncertainty about key social and economic trends, and sometimes fruitless debate and anxiety about our policies and programmes because we have not been able to draw with sufficient confidence on relevant facts and figures.
So the advances we are now making in strengthening the capacity of Statistics South Africa represent progress not just for this Department, but are real steps forward for Government as a whole in its planning, policy-making, monitoring and reporting responsibilities. Madam Speaker, let me share with you something of the obsession with which our statistical agency approaches its work. Asked for an input for this speech, the Statistician-General passed on the following information to me this week.
There were 2 653 downloads of Census in Brief in 20 days in May 2004. Later today, officials of Statistics South Africa will be distributing questionnaires to randomly chosen MPs to test whether you have noted and remembered these facts A year ago, when this House discussed the 2003 Appropriation Bill, I noted that a new business register was being compiled, with close cooperation from the Department of Trade and Industry and the Revenue Service. Over the past month, we have seen the first fruits of this initiative. Based on the new business register, we now have an updated index of manufacturing production and sales, and new aggregates of wholesale, retail and motor vehicle sales.
The new survey results show business sales up between 15 and 20% by comparison with the old series. This is a giant step forward in measuring economic activity. Later in the year, when the national accounts statistics are updated to take account of the new information and to re-base the accounts from 1995 to 2000 weights and prices, we will be able to take a fresh look at economic performance over the past decade and we will be able to plan ahead on the strength of more reliable and robust economic data.
It is clear at this stage that the size of GDP is currently under-stated, and economic growth has been somewhat faster than the official numbers indicate. But we have to be patient - the relationships between sectoral sales and production data and the underlying valued added components of GDP are not straightforward, and so it will take some time to complete the revisions.
Similarly, we are making good progress in improving our social statistics. The results of the General Household Survey (GHS) conducted in 2003, designed to replace the previous October Household Survey, as a tool for measuring development progress in the country, has been published. This research instrument was made comparable with the 2001 baseline survey undertaken for the 13 original nodal areas identified for the Integrated Sustainable Rural Development Programme (ISRDP) as previously published. We therefore have national standards against which to measure and monitor the effects of the ISRDP.
The results of Census 2001 were made available in July 2003. A range of web-based and other products has been made available to users, and the data are being widely used. It is appropriate to mention to this House that Census 2001 products have been used in the Towards-the-10-Year-Review Report. Primary tables for the country as a whole and for each province and reports containing narrative text, graphs and tables from both Census 1996 and Census 2001 have been made available. I hope that Members all have and are using their copies of the Census in Brief. Following the stamp of approval which followed a rigorous post-census assessment, the Statistics Council has advised me to "promote the use of Census 2001 results". I trust you will join me in this campaign.
Other than the census, numerous products of Stats SA are being widely used largely through the electronic medium. This illustrates, once again, how important it is that we should continue to make progress in bridging the "digital divide" that accompanies the many other divisions and inequalities in our society. As electronic access is widened, so the role of statistics as a democratizing force for empowering debate and understanding amongst all our people can be taken forward.
For the year ahead, Statistics South Africa will continue to focus its efforts on the improvement of its core economic and social statistics products. We are making improvements on the CPI. In line with international best practice, the direct collection of prices from retail outlets will replace the present method of collecting information on prices through a postal questionnaire.
In view of the problems experienced in 2003 regarding the collection of residential rents, this issue has received close attention. At present, residential rents are being obtained from private sector sources, and this practice will continue for the following 12 months. In the meantime we are developing a separate household survey, re-visiting the same households every three or four months (depending on logistics), for rent data collections, which we will pilot during this financial year.
During this financial year, Stats SA plans to conduct a pilot study based on the internationally agreed-upon diary method of collecting data for the income and expenditure survey. The survey forms the basis for obtaining the weights for the basket of goods and services of the CPI as well as measurement of poverty.
In the 2005/6 financial year, a full-scale income and expenditure survey will be carried out throughout the year, so that the re-basing of the basket of goods and services can take place in the 2006/07 financial year.
Madam Speaker, we are doing some sterling work on the business register and the Business Sampling Frame (BSF). The Quality Improvement Survey (QIS), which aims at correctly classifying complex and large businesses more appropriately, has started. It will be conducted throughout the financial year. It involves telephone interviews and personal visits to large and complex businesses to find out about their activities, and re-classify them, as and when necessary. This classification, once complete, has to be maintained on a continual basis as a statistical register of businesses.
Cabinet has decided that Stats SA should not run a full-scale census in 2006. A large-scale sample survey of households is presently being designed to replace Census 2006. Stats SA plans to draw approximately 30 000 enumeration areas as primary sampling units, by means of probability sampling techniques. Within each enumeration area, 10 households will be selected, again using probability-sampling techniques. Within these households, information on all members will be obtained, giving us information on over one million people. This sample will adequately represent information for the country at district municipalities and metro areas. All in all 300 000 households will be interviewed.
In relation to the census replacement survey, another project, providing addresses to dwellings, will be carried out concurrently. The pilots for allocating addresses to dwelling units will take place at the same time and in the same enumeration areas as the pilot for the census replacement survey. This register and the system of addresses will be discussed interdepartmentally. A pilot that holds promise on this approach was concluded in Botsoleni village of Chief Minga in Limpopo.
Madam Speaker, we as a nation do not have sufficient knowledge on what the causes of death in South Africa are, until we have an informed position in this matter. Stats SA has been coding the 2,7 million death certificates according to reported causes of death as indicated by the doctor who has signed it. This process is complicated and involves sorting forms according to the year, month and day on which the death occurred, and eliminating duplicates. It also involves capturing data about age, sex, geographic location of the death and other demographic information. Priority has been given to the capture of three years of data, namely 1997, 1999 and 2001 and the rest of the years will be handled from August this year. Stats SA was faced with the need for improvements in its governance in 2003/4, including better financial and human resources management in support of core functions of the organisation. Madam Speaker, this house has sometimes in the past raised concerns surrounding governance issues in Stats SA. I am pleased to be able to report good progress, including the appointment of a Deputy Director-General responsible for Organisation and Management, and an initiation of a systematic risk management strategy. Stats SA has a Management Information System (MIS) which, among other things, tracks down all audit queries to ensure accountability. Performance agreements for senior managers have been signed and delegations, as required by the PFMA and the PSA, have been finalised.
These are all elements of an approach to reinforcing Government's statistical capacity in order to build further our capacity to measure performance, track social and economic trends and contribute to better informed policy and planning. On the strength of the Statistician-General's clear strategy and plans for the years ahead, this House is asked to approve an allocation of R503,9 million for this year, or R67,7 million more than the forward estimate published in the 2003 Budget.
Let me turn now to the core operational budget of the National Treasury, which amounts to R703 million in 2004/05, about half of which goes to financial management and systems.
The strongest growth in the Treasury's operational budget is in economic planning and budget management, where provision is made for the advisory and analytical work that underpins macroeconomic and fiscal policy, budget coordination, intergovernmental finances and public finance planning. The budget also provides for considerable investment this year in developing an integrated plan for government's financial management systems. A first draft of the user requirements statement for an integrated system was completed in November 2003, and technical, commercial and financial aspects of the Systems Plan are currently under examination.
On 5 December 2003, the Treasury published a framework for an integrated supply chain management function, in terms of section 76(4)(c) of the Public Finance Management Act. It applies to all national and provincial departments, trading entities, constitutional institutions and schedule 3A and 3C public entities. A similar framework will be introduced in terms of the Municipal Financial Management Act.
During the course of this year, regulations in terms of the Preferential Procurement Policy Framework Act will be amended to align these with the Broad Based Black Economic Empowerment Act.
A Validation Board managed by the Treasury has already accredited 57 training courses in public finance, and a service level agreement has been entered into with the Institute for Public Finance and Auditing to facilitate roll-out of a large-scale financial management training programme over the next three years.
A new chart of accounts, modernising and streamlining the classification of government expenditure, has been implemented in this year's national and provincial budgets and financial reporting systems.
The Treasury's Asset and Liability Management division has successfully piloted an intergovernmental cash coordination arrangement in two provinces, through which surplus funds are deposited with the Corporation for Public Deposits, benefiting both the national fiscus and provincial treasuries.
A comprehensive training programme for municipal officials is under way, giving further momentum to the implementation of the Municipal Finance Management Act.
In consultation with the Department of Public Enterprises, we have initiated a review of the treasury operations of approximately 15 stateowned entities.
Together with other responsible departments, we have initiated a review of the mandates, products and risk management of our development finance institutions - those agencies that conduct lending operations for public policy purposes.
Financially astute members of the House will also have noted recent developments in government debt management. On 14 May 2004 we launched a Retail Bond, providing ordinary people with a safe, convenient and rewarding savings instrument for periods up to five years. By yesterday, bonds worth R 114 million had been sold to over 2 400 investors. In addition to its benefits as a savings vehicle, we anticipate that this will become an increasingly important source of finance alongside the traditional government borrowing instruments.
On 25 May, following a five-day five-city international road show, we launched another major dollar-denominated bond. The issue again attracted highly competitive interest and was priced at 195 basis points above the underlying 10-year US Treasury rate, confirming South Africa's status as a high-grade credit in the market and further diversifying the investor base in South African bonds.
Madam Speaker, programmes 6,7 and 8 of the National Treasury vote comprise transfer payments to provinces and municipalities in terms of the Division of Revenue Act, statutory civil and military pension payments, contributions to medical funds and other post-retirement benefits, and various transfers in terms of international agreements, or to fund the activities of identified agencies and institutions.
Members of the House will be interested to know of progress in reviewing and finalising special pensions, under the oversight of the Special Pensions Board and Review Board appointed in 2001. As at 31 March this year, 33 440 applications (including late applications) had been reviewed, of which 31 016 had been finalised. By this date, 5063 appeals had been received of which the Appeals Board has finalised 3127 cases. The 2004/05 Budget includes R303 million for special pension payments.
Our youngest child is the Financial Intelligence Centre.
South Africa is making good progress in building institutions and arrangements to combat money-laundering and financing of illegal organisations. The Financial Intelligence Centre Act, 2001 ("the Act"), cuts across a wide range of institutions within government and the private sector. It places a series of obligations on both sectors - but the key to its success is that they work together and share information. We are determined that this be the case because we want to protect our people from criminal activity and prevent our financial institutions and sector from being abused by criminals and crime syndicates. The Act also provides an important tool to assist law enforcement agencies and facilitate their investigations.
In April last year South Africa was assessed by the Financial Action Task Force ("the FATF"), which is the international standard-setting body, to determine if our Anti Money Laundering regime met the international standard. As a result, South Africa was invited to become a member of the FATF, which it did in June last year. However, the assessment did find that we needed to meet the revised standard regarding the beneficial ownership of companies and legal entities, as well as implement measures to combat the financing of terrorism. These issues are being addressed and the anti terror financing measures are contained in the Protection of Constitutional Democracy Against Terrorist and Related Activities Bill.
We shall come to Parliament late this year with proposals to amend the legislation to meet the revised international standard, as well as enhance the relationship with supervisory bodies. In addition, we want to begin implementing the measures already contained in the Act to monitor crossborder transactions soon.
The Financial Intelligence Centre itself, although in the very early stages of its development, is now operating independently of National Treasury. During the past year it received about 7480 suspicious transaction reports from a range of accountable institutions, mainly the banks and money remitters. Many of these have been referred to law enforcement authorities for further investigation. I want to compliment accountable institutions that have made efforts to implement reporting measures. This is a new and challenging process for all, and can never be simple. It has also involved considerable expense for accountable institutions. When Parliament passed the Act in 2001, it accepted that the anti-money laundering legislation is onerous and will impose burdens on individuals and institutions. But we all agreed that this would be a small price to pay as we needed measures to protect our financial sector from being undermined by criminals, both domestically and globally, as we increased our presence in the international economic arena, and we needed measures to assist the law enforcement authorities to investigate crime.
Next in the Finance family, and shortly to be re-born in a more robust frame - is the Public Investment Commissioners. The PIC manages the largest asset portfolio in South Africa and is an increasingly important player in the financial services sector.
R309 billion, mainly belonging to the Government Employees Pension Fund. Draft legislation will be considered by Parliament this year for the conversion of the PIC into a corporation subject to the provisions of the Financial Advisory and Intermediary Services Act. As a public entity, the PIC will remain subject to the Public Finance Management Act.
The PIC's strategic plans for the years ahead include an expanding role of its Isibaya Fund in infrastructure development and job creation. Over the next three years approximately R4 billion will be invested in public infrastructure, and about R2 billion will be invested in small and medium sized enterprises, with a strong focus on supporting black economic empowerment ventures.
The PIC will also embark on a process of broadening the geographic spread of properties owned on behalf of its clients. This initiative will amount to approximately R9 billion, and will be underpinned by an agreed policy regarding funding of black ownership of property through appropriate institutional vehicles.
Thirdly, Madam Speaker, let me summarise the work of the Financial Services Board and our financial sector legislative programme in contributing to the robust foundations on which economic growth and development rest.
It is critical to South Africa that our capital markets remain cost effective, globally competitive, liquid and stable. These are the barometers of the development of our financial markets and their role in promoting South Africa as an investment destination.
We announced this year that foreign listings of securities on South African exchanges would be permitted subject to existing exchange control criteria. The Treasury, the Exchange Control Department of the SARB and the FSB have been working together with the JSE and BESA to finalise criteria for listings. We hope to have our first foreign listings by August this year. This will be a further demonstration of foreign confidence in our domestic markets, will improve liquidity and provide our exchanges with the opportunity to compete internationally for listings.
Perhaps two of the most significant events in our equities market over the past year have been the launch of ALTX, the JSE's Alternative Exchange for small and medium enterprises, and the creation of a Socially Responsible Investment Index ("SRI Index").
The JSE's SRI Index was officially launched on the 19th of May 2004. It was inspired by the King II Report's emphasis on "triple bottom line" reporting of business activities and outcomes. The aim of the SRI Index is to encourage companies to begin to shift focus from traditional financial reporting and become more aware of the importance of reporting on strategies and programs aimed at improving social and environmental outcomes.
ALTX was launched in October 2003, and it is intended to play a vital role within our markets by providing smaller companies not yet able to list on the JSE Main Board with a clear growth path and access to capital. It is aimed at assisting junior mining houses, BEE companies and other small start-ups. ALTX also offer distinct advantages to investors in small companies by providing superior disclosure and price discovery compared to that of the private equity or OTC markets.
With regard to our debt markets, there have been some very exciting developments this year. During March this year the City of Johannesburg became the first city in South Africa to issue and list a municipal bond on BESA under new legislation. The City will issue its second bond, with 10 years to maturity, later this month. This bond will be partially guaranteed by the Development Bank of Southern Africa and the International Finance Corporation. These issues are expected to herald the creation of a much needed municipal bond market.
In addition, corporate listing on the Bond Exchange charged ahead this year in a capital market that has traditionally been dominated by government debt securities. BESA listings have now reached R520 billion.
Madam Speaker, during the second half of this year I will table a number of key pieces of financial legislation before Parliament. The most important piece is the Security Services Bill. It seeks to facilitate an efficient, fair and secure means of securities trading in the South African capital markets by regulating a multiplicity of activities and institutions within a single legislative framework.
The Bill not only consolidates four existing pieces of legislation, but modernises the regulatory framework governing exchanges, clearing houses and central security depositories. Furthermore, the Security Services Bill will enhance the powers of the Registrar of Securities Services to regulate the systemic interdependencies between all the various participants in our markets. For the first time the FSB will have authority over the buying and selling of unlisted securities which is a major improvement with regard to consumer protection.
The Financial Services Ombudschemes Bill ("FSOS Bill") is intended to be tabled in addition to the Security Services Bill this year. It aims to improve the ability of consumers to enforce their rights and resolve any grievances they may have against the financial services industry.
Madam Speaker, the House is well aware of the problems that ordinary South Africans face as consumers of financial services. On the 30th of September this year, all financial advisors and intermediaries must be registered or they will be in breach of the law.
Its aim is to ensure that consumers are protected against unscrupulous peddlers of commission based products that are either unaffordable in the longer term, or are unsuitable to the financial needs or profile of the consumer.
Most importantly, we are certain that the implementation of FAIS will reduce the number of lapses and surrenders in the insurance industry that has resulted in unnecessary financial losses to consumers of long term insurance products.
Let me turn to the challenge of improving financial reporting and the governance of the auditing profession.
Professions' Bill in 2002. It completed its work in October 2003.
Companies Act will be ready for public comment by the end of July or beginning of August.
The signing of the Financial Sector Charter in November 2003 is a key milestone in the transformation of the financial sector.
ownership and control and corporate social investments.
Council, to oversee the Charter's implementation.
Transformation will bring new opportunities and challenges to the sector. It is crucial that the sector take advantage of these opportunities and create sustainable systems and procedures to manage its challenges.
One of the key elements of the Charter is improving access to financial services. This seeks to redress the market failures of the sector in relation to the insufficient and inappropriate supply of basic financial services to the majority of the population.
Government's responsibility is to create a supportive environment for the sector to extend its services to low-income earners. National Treasury will accordingly be proposing legislation to address regulatory barriers to the creation of second and third tier banks.
The Cooperatives Banks Bill will seek to formalise the cooperative banking industry by affording it a legal standing in its operations. Secondly, it seeks to bring the industry into the regulatory framework to afford its depositors the same safety and stability enjoyed by formal commercial banks' depositors. Thirdly, the Bill provides for the creation of support organisations for cooperative banks in order to ensure a continuous and sustainable capacity programme for the industry.
The Dedicated Banks Bill will seek to create a second tier of commercial banks, better able to serve the financial needs of a broader range of the population. It will allow a wider range of participants, such as retail companies; telecommunication companies and perhaps microlenders into the banking industry, by affording them banking licenses with restricted banking operations. The entry requirements, in terms of capital, will be lower, but in return the scope of their operations will be narrower and permissible investments will largely be restricted to liquid assets.
Madam Speaker, over the past few years we have significantly stepped up the allocation of resources to the South African Revenue Service, in recognition of the critical role of the tax system in providing the revenue flow on which the fiscus depends, and more widely in securing an honest and competitive environment within which business activity can prosper. The Revenue Service also plays an important, though secondary, role in collecting economic and trade statistics.
Over the MTEF period ahead the allocation to SARS stabilises at about 1,4 per cent of projected collections. For the 2004/05 year, R4,603 billion will be transferred to SARS.
In the past financial year SARS again did well despite a difficult economic climate.
Transforming and developing the organisation's people and skills.
SARS released a draft version of its taxpayer service charter for comment last year. We will finalise the taxpayer service charter this year. It binds SARS to service delivery standards which have to be reported on publicly.
We are committed to reducing the cost of compliance for small and micro businesses. A task team comprising SARS and the industry has been established, with the aim of simplifying administrative requirements for small businesses and ensuring compliance. It should be ready with initial recommendations during the second half of this year.
A new Corporate Office dedicated to serving SA's top companies for all their tax requirements will begin its operations in the next three months. It will provide trained relationship managers and a unique concentration of the best tax skills. The Advanced Rulings Systems will be available early next year.
As a further extension of the SARS' service program, SARS intends to open many of its offices on Saturday mornings to enable taxpayers to access SARS' services.
SARS has already established a free e-Filing service for the most frequently filed forms, simplified forms for salary earners have been introduced and the Kwazulu-Natal and Western Cape call centers are being expanded.
I am pleased to announce that there are no backlogs for the previous years of assessment. Last year's filing season was an unqualified success. SARS received more than half of the almost 4 million returns before the July deadline. I trust that, this year, that number will include all members of this House.
There remains, despite the progress made, a considerable tax compliance gap, which we are seeking to narrow.
SARS is committed to transforming and developing its people to ensure sustained delivery of improved services. SARS' principal responsibility is to sustain and improve revenue collection and trade facilitation. SARS has now built a reasonably stable platform to operate from, notwithstanding certain operational deficiencies. There has been a successful approach to simultaneously transforming and continuously improving delivery. Current planning efforts will provide a clearer roadmap for the further transformation of SARS and more effective revenue collections.
Madam Speaker, let me conclude by referring to one of the central aims of our budget reform programme, which is to make explicit the outputs, objectives and targets we have set ourselves in proposing these expenditure appropriations to the House.
improving economic growth, reducing poverty, creating jobs, promoting empowerment and opportunities for all, building safe and secure neighbourhoods, promoting healthy relations with our neighbours and the global community.
Such goals cannot always be tidily quantified or reduced to statistical measures. But we can measure, and we seek to improve our measurement of, the productive and distributive performance of our economy. Over the past decade, we have achieved growth of about 3 per cent a year. As President Mbeki outlined in this House, policies and programmes are in place aimed at improving the performance of the formal economy, and broadening participation and enhancing livelihoods in what we have come to call the second economy. One of the targets we have set is to increase capital formation from its present level of about 16 per cent of GDP to 25 per cent by 2014. Our preliminary modelling indicates that if this can be achieved, and if we ensure that investment goes into productive infrastructure and assets, then that will raise economic growth to about 4 per cent a year over the next five years and between 5 and 6 per cent a year in the second half of the decade.
These are not predictions, nor can they be guaranteed in the uncertain world in which we find ourselves. But they are goals to which we can realistically aspire, and to which our economic and fiscal policies are aligned. I know that under the extraordinary leadership of Lesetja Kganyago at Treasury, Pravin Gordhan at the SA Revenue Service, and Pali Lehohla at Statistics South Africa, we will play our part in realising these aims. I am also exceedingly grateful that the Deputy Minister Moleketi has been a stalwart member of Team Finance for all of the past decade.
Finally, all of us - in the Ministry and the 3 Departments want to express our sincerest appreciation to all the Honourable Members of the Portfolio Committee on Finance - their diligence and professionalism is a spur to us to improve on past performance.
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In just 10 years of democratic rule, South Africa has emerged head and shoulders above its peers in budget reform. This reform has ensured greater levels of transparency, certainty in resource allocation through the MTEF and has qualitatively improved the very essence of accountability of the executive.
All this Honourable members is captured in the more than 1200 pages of the estimates of National Expenditure, Intergovernmental Fiscal review and the Division of Revenue Act.
This small country of 44,8 million inhabitants located on the southern most tip of the African Continent has become a recommended international site on budget reform, this is indeed no mean feat. Honourable Gavin Hood in last years Appropriation debate said "there is no doubt that we are ahead of even some of the leading developed countries when it comes to transparency and disclosure".
However, Honourable Speaker we are mindful of the fact that our success can not be measured by the number of international visitors knocking on treasury's door to draw lessons from our budget reforms but our ability to continuously evolve and adapt our fiscal policy and strategy to deal with our societal challenges. In this respect, I am referring to poverty, unemployment and resultant marginalisation of the majority of our people.
For purposes of today's debate allow me honourable Speaker, Honourable Members, to focus on poverty alleviation and the budget. At the end of the debate, I know the last word would not have been said on the nature and extent of fiscal interventions in poverty alleviation and eradication.
South Africa is an active global citizen, hence it is important for us to know that 20% of planet earth inhabitants, i.e. 1,3 billion people live on less than $1 per day. And that the international community has established a set of common goals known as the Millennium Development Goals (MDG's) whose main objectives is to halve poverty by 2015, reduce child mortality, achieve universal primary education and literacy and making development environmentally sustainable.
Honourable Members, we owe it not just to ourselves but to the entire humanity to deal with poverty and marginalisation of significant numbers of South Africans. South Africa had committed itself to meet the MDG's.
In his inaugural speech our President said "Endemic and widespread poverty continues to disfigure the face of our country. It will always be impossible for us to say that we have fully restored the dignity of all our people as long as this situation persists. For this reason the struggle to eradicate poverty has been and will continue to be a cornerstone of the national effort to build the new South Africa."
Another insight drawn from international experience is that macro-economic stability and growth is essential and necessary, but not sufficient to deal with the extent and depth of poverty in developing and least developed countries, e.g. Chilean economic growth of mid-80's left poor people poorer, even though more jobs were created. Hence our fiscal strategy must ensure growth with income distribution.
Furthermore, at a recent conference on scaling up Poverty reduction sponsored by both the World Bank and the Peoples republic of China, held in Shanghai, the President of the World Bank, Mr James D Wolfensohn stated that without poverty alleviation there can never be peace and stability. The well being of humanity depends on humanity's ability to deal with poverty.
The first is ensuring that allocation processes are sufficiently open and stable, and politically driven, so that the real priorities around poverty and development are served by allocations. We must see the Budget Reform programme (and implications for policy processes) as a critical part of the poverty alleviation strategy. Budget reform has ensured: greater openness of the budget process and enhanced decisionmaking by political principals; three-year budgets allowing for more certainty and increased focus on reprioritisation, as well as an increased focus on performance assessment and value for money. It is important that we spend on the appropriate services but also that efficiency of service delivery is enhanced.
ii) Secondly, the broad fiscal stance is critical for poverty alleviation as it impacts significantly on economic stability and the resources available for spending on key needs. A prudent fiscal stance (low deficits, debt reduction, limiting tax to GDP ratios) has served the country (and the poor) well through contributing to the control of inflation and strengthening our ability to deal with international finances and other crises. Also, a focus on reducing deficits and managing debt proactively has in recent years contributed to strongly growing real resources available for services, without increasing the burden on the economy through taxes. The fiscal stance has therefore established fiscal and macroeconomic stability and over time established the ability to take an increasingly expansionary stance. Real growth in non-interest expenditure is anticipated to grow by about 4,2 % per year over the next 3 financial years.
iii) The third lever for focusing poverty strategy is the composition of expenditure. Here also we need to balance the different requirements for supporting development: short-term versus long-term imperatives and indirect versus direct mechanisms of poverty relief. Here we continually need to balance the demand between direct income support (cash grants, school feeding, food relief), the delivery of services (ranging from the social services -health, education - to household services -housing, electricity, water - to sound public administration - police, internal affairs, justice - and skills development) and more indirect mechanisms of supporting society and the poor through ensuring that the right economic and social infrastructure is in place.
In his 2003 Budget Speech the Minister of Finance commented that " eradicating poverty is complex and takes time. Seemingly simple solutions that rely on weak and generalised assumptions about who the poor are, where they live, what they need and what they want, are destined to fail." This implies building patiently the different services and support we provide to citizens, focusing them increasingly on the poor (where incidence analysis points out that we have been quite successful in the social services) and improving the quality and efficiency of service delivery.
As indicated in the 2004 Budget Review, the 2004 Budget allocates an additional R44,5 billion over the next three years. Government spending on public services grows in real terms by 6,5 % in 2004/05 and by 4,8 % over the next three years, demonstrating a continuing commitment to expanding opportunity and progressively narrowing the social and economic divisions of the South African landscape. These increases have made it possible to add significantly to funds available for capital expenditure, to boost provincial budgets for key social services (the further roll-out of the child support grant, now reaching 4,5 million children; further boosting spending at school level; funding the roll-out of the comprehensive response to HIV and Aids), growing the local government equitable share and building a range of central government services.
Our fiscal developments have significantly boosted baselines every year. The challenge is to make sure that these fiscal dividends are used in the right places and used effectively. Many of the reforms put in place around budget processes and monitoring will assist in this.
More resources are becoming available and mechanisms to spend effectively are improving. Here the performance of provinces in lifting capital expenditure as a proportion of budgets from 9,9 % in 2002/03 to 10,2 % in 2003/04 is particularly noteworthy. We will, however, continue to face difficult choices in the future. The composition of spending, for example, will have to be balanced between programmes to draw more South Africans out of poverty, into the labour market as active participants in our economy. This will be achieved through spending on capital projects, training and public works and income support through grants, which have grown very rapidly in recent years.
Having mentioned the noteworthy performance of provinces in lifting capital expenditure as a portion of their budgets, it is thus opportune to focus attention on the trends in provincial budgets.
Health expenditure of R37,1 billion is R3,9 billion higher compared to the 2002/03 financial year. Health spending comprises 21,8 % of all provincial expenditure.
Provincial own revenue collected is recorded at R6,3 billion or R869,8 million higher than the R5,5 billion adjusted provincial own revenue budget for 2003/04.
National transfers make up 97,1 % of total provincial revenue in 2004/05. These transfers comprise the equitable share which constitutes 85,8 % and conditional grants which constitute 11,3 % of total provincial revenue. Provincial own revenue constitutes only 2,9 per cent. Past trends in provincial own revenue confirm, however, that provinces understate their revenue potential. This is evident in the declining share of own revenue from 4 per cent in 2000/01 to 2,7 % in 2006/07.
Total provincial receipts amounts to R186 491 million, which is 10,7% more than the 2003/04 revised estimate of R168 454 million. Revenue increases by an annual average of 9,7 % over the MTEF to R222 176 million in 2006/07.
Provinces overall budgeted to spend R186 698 million, which is 8 per cent more than the 2003/04 revised estimate of R172,8 million. Expenditure increases by an annual average of 8,6% over the MTEF to R221 319 million in 2006/07.
The aggregated provincial budgeted deficit in 2004/05 is R207 million, increasing to R458 million and R858 million in 2005/06 and 2006/07 respectively.
Provincial budgets show a deep commitment to spending in social services. Spending in the social services departments accounts for 81,7%, 82,2% and 82,5% respectively over the MTEF period. By way of contrast, the share of nonsocial services spending is set to decline from 18,3% in 2004/05 to 17,5% in 2006/07.
The bulk of social services spending is in the education sector at 34,5%, 33,8% and 33,2% over the MTEF period. This is followed by social development spending at 25,5%, in 2004/05 to 28 per cent in 2006/07. Among the social services departments, the share for health is the lowest at 21,6 per cent of total provincial spending in 2004/05 decreasing to 21,3% in 2006/07.
The combined provincial education budget grows by 7,3% from R60 233 million to R64 617 million in 2004/05 and increasing to R73 507 million in 2006/07.
The total provincial social development budgets increase by 12,3% from R42 374 million in 2003/04 to R47 578 million in 2004/05.
Other non social services department increase by 4,7% from R32 621 million to R34 160 million in 2004/05.
Capital spending is set to grow substantially over the MTEF period. The commitment of government to improving infrastructure is demonstrated in this growth. Percentage share in spending is set to increase from 3,5% or R 3,9 billion in 2000/01 to 6,3% or R13,9 billion in 2006/07. This excludes capital transfers.
Personnel spending grows by about 8,3% from R81 543 million in 2003/04 to R88 272 million in 2004/05. This growth is against an assumption that personnel expenditure would increase at a rate of 6% (for nine months).
Honourable Speaker, Honourable Members, our fiscal stance characterised by increased allocation to both provincial and local government for the delivery of basic services and infrastructure, increase social service allocations, has indeed ensured our ability to meet the Millennium Development Goals by 2015.
We are on track We must continuously strengthen that dialectical relationship between fiscal strategy, budget reform and poverty alleviation for as long as "endemic and widespread poverty continues to disfigure the face of our country."
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The National Treasury received the final 2003 Article IV report from the International Monetary Fund on 13 September 2003. An analysis and review of the report was completed. The report was deemed to be a very positive review of the South African economy and economic policies.
Given the stream of reporting on the economy done on a daily basis by the financial sector, the reports of the Treasury on revenue, the Reserve Bank's six-yearly Monetary Policy Committee statements, the Monetary Policy Review, and the Quarterly Bulletin, it was advised that the Article IV Report should be referred to the new cabinet composed after the elections upcoming at that time.
This would provide the new cabinet with an opportunity to engage with and gain insight from an important review of South Africa's economic performance. In effect, this meant that the report would be released in a timeframe two to three months longer than occurred for the 2002 report.
While we agree that ideally the report could be released sooner, we are confident that the flow of information about economic developments in South Africa, the large number of public and private reports on the economy, and our ability to raise capital at good rates on international capital markets are equally important indicators of the strength of our economy and policies.
It is worth noting, moreover, that the 2002 report was the first IMF Article IV report released since 1994. The decision to release the report is handled in different ways in other countries. In some countries, where the release is very quick, government officials authorize the release. In South Africa, we believe the Article IV is worth reviewing and discussing in Cabinet, and this takes some time to get done.
The Article IV report for 2003 was reviewed by Cabinet on Wednesday, and has been authorized for release.
I am certain that like me you will welcome the positive tone and content of the report as a fair reflection of the strength and sustainability of our economic policies.
The Board commended the authorities for their sound macroeconomic management and the implementation of structural policies, which had helped increase the economy's efficiency and resilience to external shocks.
Expresses confidence with Government's prudent fiscal expansion as the right approach to the economic slowdown in the rest of the world in 2002 and sluggish growth in 2003.
The Board commended the government for its strong record of fiscal discipline in the face of budgetary pressures, which had helped keep long-term interest rates low, maintain a competitive exchange rate, and revive confidence in the economy.
Agrees with Government's increased balance of expenditure on social policy, skills development, and economic services.
The Board noted that South Africa's financial and corporate sector indicators were healthy, and that these sectors appeared to be resilient to major exchange and interest rate shocks. The Board welcomed the passage of anti-money laundering legislation in 2002.
Increased and more effective skills development was indicated to be a critical element of raising employment. The Fund suggests that Government should continue to conduct ongoing reviews of labour market regulation, and expressed support for the previous review which streamlined conciliation and mediation procedures and created greater consideration of small business issues.
Monetary policy was appropriately gauged to address inflationary pressures.
Changes in 2003 to the inflation targeting framework were supportive of the policy aim of better influencing inflation expectations. These include the creation of an "explanation clause" and a move to a rollingmonthly target.
The Fund expressed continued support for Government's policy of gradual exchange control liberalization.
The Board welcomed the elimination in May 2003 of the SARB's negative net open forward position in foreign exchange, which had long been a source of external vulnerability.
The Fund expressed support for Government's approach to BEE, and suggested continued focus on its financing aspects.
South Africa's relatively low level of foreign exchange reserves remained a concern to the Fund, as greater reserves would provide greater stability to the rand. The Fund further supported South Africa's floating exchange rate policy.
The Board agreed that the main policy challenge for South Africa continued to be the achievement of higher, broad-based, and employment-generating economic growth. In the Board's view this will be critical to realising the goal of reducing poverty and unemployment, addressing the prevalence of HIV/AIDS, and ensuring a more equitable society.
The Board stressed the importance of improving the investment climate, which would help boost growth and employment. The Board felt that moving ahead with privatisation and parastatal restructuring would help realise efficiency gains and benefits from the transfer of technology. The Board welcomed the government's efforts to strengthen social safety nets to mitigate any potentially adverse short-run employment consequences of restructuring.
The Board indicated a concern about HIV and Aids in South Africa and felt that the government was appropriately treating the disease as a fiscal, as well as a social priority, while ensuring that budgetary resources were well spent.
South Africa's economic data were viewed as being of generally high quality and fully adequate for surveillance purposes. The Board suggested the authorities address the weaknesses that remained in the quality and frequency of labour market data and commended their recent efforts in this area.
The Board also welcomed the authorities' ongoing efforts to improve data quality in other areas, notably the consumer price index statistics The Board praised South Africa's leadership role in contributing to conflict resolution and poverty reduction in Africa, including through grant support for the PRGF-HIPC Trust.
For further information contact Logan Wort: 083 4437734. Report can be down loaded from the National Treasury website. www.treasury.gov.
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President Thabo Mbeki speaks of two economies within one country here in South Africa. The two worlds that he is speaking of exist in every province and in every city. A child playing in the muddy streets of Khayelitsha, hungry, with very little clothing and not yet experienced in the joy of reading comes from one of these worlds. In areas closer to mountain, kids are riding mountain bikes, with clothing that protects them from the harsh Cape winter, probably never been to bed hungry and can surf the internet when it rains too much. The life experiences of these two sets of children are so different; they could be from different planets. They share no sympathy for each other; they are ignorant of each other's habits, thoughts and feelings.
As President Mbeki pointed out in his State of the Nation Address in both 2003 and 2004, the most significant challenge we face as a country is to bridge the divide between the two economies, the two worlds. To use his concept, we have to build staircases from the second economy into the first economy. We have to provide avenues for marginalised communities to enter the first economy, to benefit from a global economy that does have the potential to create wealth and prosperity.
But how do we build these staircases The first, most critical aspect of this agenda must be to improve the quality of school education in poor communities. In both urban and rural areas, schools in poor communities must be able to produce students who are educated in appropriate fields, who can confidently articulate their views and flexible enough to be able to adapt to an ever-changing world. While much progress has been made in transforming education, we are not there yet. Too many of the schools in our poorer communities are dysfunctional. Teachers are not adequately trained or equipped to do their jobs, principals are not capable of running an effective school programme, female students are subject to sexual harassment and gangs peddle drugs and foster vi olence upon the weak?
The solutions to these problems are complex, but they must include greater community involvement in education, greater parental oversight in school management and private sector investment into poor schools. Government has a critical role to play in improving school funding, improving teacher training and supporting dedicated teachers and principals. But community involvement at a school level cannot be underestimated. In many cases, community involvement is the difference between a good school and a dysfunctional school.
Two years ago, Government launched the leanership programme. This programme encourages employers, both public and private, to take on young people into their organisations, to give them some experience, training and exposure to working life. How often have you heard young people talking about the fact that they cannot get a job because they lack work experience. They cannot get work experience because they are not in employment. We must destroy this trap. The learnership programme is one attempt to break this often frustrating situation that many young people find themselves in.
While there are tax incentives available to take on learners, much more commitment is required from all employers in both the public and private sectors. The consequences of us not breaking this logjam are too ghastly to contemplate.
The Expanded Public Works Programme is another effort by Government to bring unskilled people into temporary employment, provide them with some basic skills with the view of increasing the chances of them getting more permanent employment either on their own or in the private sector.
The Western Cape had a rich tradition of apprenticeships in areas such as electronics, welding, carpentry, plumbing and construction. This tradition has died. We are not transferring the knowledge and skills of the present working generation to our children. The learnership programme attempts to reintroduce this culture of taking on young people and giving them the tools to either start their own small businesses or obtain work in the formal sector. I repeat, this programme will only work if employers take the plunge to break the catch-22 that young work seekers find themselves in.
The South African Youth Ministers' Project is an attempt to bring these two worlds together: to expose children from different backgrounds to the world of business, of government and of work in general. More importantly, this project opens the hearts and minds of children to each other's emotions, thoughts and feelings. It provides an opportunity to observe each other's habits and see each other's worlds. This service is absolutely invaluable in our country, given the deep divide that still characterises our society.
For a number of years now, with the support of the South African Youth Ministers' Project, I have invited a number of young people from schools all over the country to join me in Parliament on the day that the budget is tabled. The students selected have all written speeches on what they would do if they were the Minister of Finance. These students then get an opportunity to ask a series of questions, reflecting both their concerns and ambitions. I'm proud to say that I have a succession plan firmly in place. When I'm ousted from this job, there are a number of these school kids who could quite ably take over my position.
After the budget earlier this year, about 150 young people from schools in this province came to Parliament to give me a grilling. They asked some of the most difficult questions I've had to face as a Minister. It was an extremely humbling experience. These young people - bright, confident and opinionated - taught me much about the issues close to the hearts of young people and about the issues I should be taking up. More importantly, it brought them into one of our pillars of democracy, our national assembly, into contact with the procedures of debate in Parliament and into contact with both politicians and officials who serve them.
In a similar manner to the Youth Ministers' Project, this initiative helps strengthen our democracy, foster a spirit of inclusiveness and teaches old politicians like myself a thing or two.
The audience here tonight represent many of the institutions in our first economy. But many of the people gathered here this evening also come from humble beginnings. My appeal to you is to help more young people break out of the cycle of poverty and unemployment that so many of our children find themselves in. It is up to you to expose children to the world of business, to the dealing rooms of our banks, to the factories where real value is added.
In society, there are two types of elites. The plundering elites, who strip the land of its resources, exploit its people, steal the intellectual property of communities and get rich in an unethical way. Unfortunately, many of the elites in our country and in our continent have behaved like this.
But there is also another type of elite: an elite that ploughs back into society, an elite that nurtures the creativity of our young people by giving them opportunities to prosper. The legacy we leave behind must be of a prosperous society where the benefits of economic development reach all, even the poorest. It is only possible to leave such a legacy behind if we plough back into communities, both in financial terms and in terms of our skills and talents and by providing opportunities that so many young people may never have.
Thank you for inviting me to talk at this launch. I am excited by the ideas embodied in the Youth Ministers' Project and I pledge to support this initiative in anyway that I can, and I trust that all in the audience this evening will support this initiative.
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Let me begin by welcoming all of you to the National Treasury and many of you to South Africa. I am especially pleased that this convocation to discuss data used for poverty measurement has attracted so much interest. We have here today senior World Bank economists, the chief economist, FranÃ§ois Bourguignon, members of the Statistics Council, and the chair of the Council, Hilary Southall, luminaries from the academic community abroad, Angus Deaton and Gary Fields, and from South Africa, representatives of some of our bilateral partners, and of course our ubiquitous government officials from the Presidency, Statistics South Africa, the National Treasury and other government departments.
I would also like to extend a special word of thanks to FranÃ§ois and his colleagues for suggesting that we jointly host this workshop.
As some of you know, my work in South Africa and in the international community, and in particular in Africa, has had data and tools for measuring the economy as a centerpiece.
Whether we wish to adjust the size of our fiscal deficit, increase social spending, pursue macroeconomic convergence in the region, or assess progress in achieving the Millennium Development Goals, accurate, timely, useful data lies at the heart of all these efforts.
That is to state the obvious. What is less obvious, and what many of you have spent your lives doing, is to work with the data, assessing its usefulness, applying techniques to uncover the facts and dynamics lying buried beneath the raw numbers, and applying what you have unearthed to the questions of public policy. Fortunately for your careers, and for the careers of many who follow you, this is a limitless task. And it is especially limitless in Africa.
In South Africa, the limits of these activities have been pushed out by the regime that came before our current democratic dispensation. To put it simply, data collection was bad and biased. The apartheid regime knew little and cared not at all about the well being of the majority of the population.
As a result, not only did we have widespread grinding poverty, but also we had few tools for assessing it and aiding us in developing policies to address it.
Obviously, this has made our task since 1994 rather difficult. As a result, the conduct and design of our household surveys have undergone nearly continuous revision, and as we know, require still further work.
In the coming year, Stats South Africa will pilot the income and expenditure survey using a "diary" method, which we hope will provide better data.
The main reason for this workshop is to explore ways of making the income and expenditure data useful. We should also benefit from discussion of the diary method, potential pitfalls in its use, and direction on how to address them.
Our 2001 Census was a great success, and researchers are now coming to grips with the data that it provides. But conducting censuses also represent a major institutional and operational challenge, and we will continue to learn and develop better means of addressing those challenges - with ever better census results.
Our labour force survey and general household survey, which replace the old October Household Survey, are great improvements.
But even with these, more work needs to be done. Informal sector employment, for instance, has proved volatile. Is it from changes in seasonal employment, miscoding of responses, or a flaw in the design of questions We have not as yet come to a common view of the problem?
And of course, as we will discuss today and tomorrow, our measurement of poverty does not appear to be as good as it should be. Understanding why this is the case, and what we should do about it, is the test for us now.
The broader challenges around the question of statistics also need consideration, but I don't expect you to dwell on them over the next few days. I will, however, take the opportunity to raise some of them now, because they should provide the backdrop for our discussions. They may also lend themselves to further discussions on next steps in the development of our statistics.
The World Bank, the Fund, and bilateral donors should have as part of their focus in developing countries, advanced and streamlined programmes to build capacity in statistics, the collection of statistics, and helping to develop the institutions that produce statistics. I am certain that by exposing us to new methodologies and insights on the use of data this workshop will excite some of our younger guests to further their careers in statistics and help them to build the institutions and capacity we need.
But one workshop alone is clearly insufficient for South Africa's data needs, let alone the needs of our neighbours. So we need to think further ahead, discuss with the Bank, the Fund and our bilateral partners how to progress much more rapidly in this area, and especially how to extend these ideas and potential programmes to our regional neighbours as well. I would hope that one concrete follow-up to this workshop would be another joint effort to put onto paper the outline of such a joint programme for the region.
The Bank, our bilateral partners, and our academic guests here might also consider assisting Statistics South Africa in its design of surveys and operations, as well as the Statistics Council in its responsibilities for overseeing the quality of our official statistics. But there are many other areas of need, not least the teaching of statistics in our universities, and any of them would benefit from your expertise and enthusiasm (as I know some of them already have).
Since the development of our statistics is an ongoing task, it also seems important to build credibility in them. Credibility and confidence are critical to ensure the public uses our statistics and that they believe the numbers reported. Accuracy, one aspect of credibility, is critical for the development and adjustment of policy.
Building confidence in our statistics is neither a short-term endeavor nor is it easy. It is, however, necessary and one to which we are committed, and this implies that as researchers and policy makers our critical faculties must be exercised. It is not sufficient to extrapolate from contested data into policy, although the temptation is always present. Using contested data creates the danger that we talk past each other, either because we use different sets of statistics, or because the different sets don't confirm each other.
As policy makers, and especially those of us, in developing countries, we cannot afford to make large mistakes, although smaller mistakes are inevitable and probably necessary to arrive at the right policies.
So let me speak a little about what we are doing as South Africa policy makers to address the poverty challenges that face us.
A recent report for South Africa concludes that the proportion of people in poverty in terms of a South African poverty line has declined (from 51,1% in 1995 to 48,5% in 2002) but that the absolute number in poverty has increased from 20,2 million in 1995 to 21,9 million in 2002. The report also argues that the proportion of the population with living less than $1 per day has increased from 9,4% in 1995 to 10,5% in 2002.
In broad terms there seems to be agreement on the groups of people most vulnerable to poverty - inhabitants of rural areas, women-headed households, the disabled, retrenched farm workers, the elderly, and, increasingly, those directly affected by HIV/Aids. Poverty has a strong racial dimension, with a far greater proportion of Africans being poor.
It also seems to be the case that poverty is more likely if people don't have jobs, a finding that I suspect is common to many countries. But it suggests that our large number of unemployed would materially benefit - move out of poverty - if they were able to take employment. And clearly Government needs to design policy so that demand for our products is maximized, as is our ability to produce them at a reasonable cost that uses as much labour as possible.
At the risk of being trite, we need to create more jobs. But this also should be done in the context in a shift in the attitude of many South Africans - and better statistics has a role to play here. We tend to take a dim view of informal sector economic activity, but given the insufficiency of our data, we know next to nothing about it. What sort of data should we have to explore the informal sector, to understand its dynamics, to help us understand the incentives to enter the labour market, to tell us whether ensuring the enforcement of basic labour regulations would be more employment-creating and better for welfare than extending to small business the regulations designed for Anglo-American and Iscor. Achieving the right policies requires the management of trade-offs informed by good statistics. This prerequisite for improvements to government policies holds most strongly when it comes to fiscal policy.
From 1994, Government policies and programmes have been guided by an ambitious programme for social reconstruction, the Reconstruction and Development Programme, focused in four broad areas - meeting basic needs, building the economy, democratising the state and society, and developing human resources and nation-building. Key underlying objectives were to deal with social legacies of apartheid, particularly our entrenched poverty.
To engineer a decisive shift in the focus of the state apparatus, so-called "lead programmes" were identified and many started through earmarked funding (the separate RDP Fund). Special and separate poverty relief allocations were made and specific institutions were also established (National Development Agency, Umsobomvu).
In recent years, however, Government has in some sense moved away from a broad strategic statement on poverty reduction (one could call it the "Poverty Reduction Strategy Paper approach") and earmarked funding for poverty relief. Instead, Government has opted to adjust its overall orientation within a broad fiscal stance that seeks to maximize available resources for social and economic expenditure without compromising the sustainability of the growth of those resources.
The composition of expenditure has been adjusted to focus resources at direct and indirect mechanisms of poverty relief, while maintaining a balance between expenditure that supports people's ability to engage in productive economic activity (education, housing, transport, skills development, economic services and infrastructure) and providing direct, welfare-type, support (cash grants, school feeding, food relief). Strengthening the assets of the poor through land reform is another major commitment.
Given our improving macro-economic and fiscal balances, we have been in a position in recent years to strengthen spending in a range of areas, including in economic infrastructure, income support through increasing access to cash grants (especially the means-tested child support grant), and also extending school feeding and emergency relief (drought, food prices).
For all services, real allocations have been maintained or increased although in some areas such as health the demands are large in the context of the HIV and Aids epidemic.
Our system of social grants (means-tested cash grants to the elderly, disabled and families with children) is widely regarded as the country's primary tool for poverty relief. Currently 2,1 million elderly, 1,3 million disabled and 4,3 million poor children between ages 0 and 9 years receive grants.
1 Most concrete progress has been with regard to access to some basic household services: 1,6 million new houses, 700 primary health care clinics, improved access to water and sanitation, million new electricity connections, increased access to telephones.
Total beneficiary numbers increased from about 2,5 million in April 1997 to 7,9 million in April 2004 - mainly driven by the implementation of the child support grant from April 1998 onward. At this stage, about 17% of South Africans receive cash grants and this proportion will continue to increase as the child support grant is extended up to the age of 13 over the next two years.
This has resulted in an increase in the cost of grants as a proportion of government spending and GDP, rising to 13 and 3 percent, respectively.
Two data-related issues stand out from this brief review of policy. The first is the need for any serious measurement of poverty to take into account the impact of government spending, or the "social wage." The second is the need for data that helps us to understand how our system of grants and other social spending is biased against some people and over-favours others. Other questions arise. We need to know why some people may not receive income support that they are entitled to, and why some people are better able to take advantage of economic opportunities that do arise. Answering those sorts of questions, and many others, are critical for the policy development process and making further inroads into poverty.
Within the National Treasury, we have engaged for some time in a continuous process of Budget Reform, which to my mind is an important support-type function, which does not directly alleviate poverty - but is essential for ensuring (and monitoring) that the right information flows into prioritisation and funding processes.
Among other things, this entails ensuring that allocation processes are sufficiently open and stable, and politically driven, so that the real priorities around poverty and development are served by allocations.
We therefore see our Budget Reform programme as a critical part of a poverty alleviation strategy. Budget reform has helped to increase the transparency of the budget process and enhance decision-making by political principals. The three-year budgets allow for greater certainty and increased focus on reprioritisation, and - an increased focus on performance assessment and value for money.
Eradicating poverty is complex and takes time. Seemingly simple solutions that rely on weak and generalised assumptions about who the poor are, where they live, what they need and what they want, are destined to fail.
We need to answer these questions. The data must be reliable, verifiable, corroborated. The data must be collected and produced by an efficient, state of the art, statistics institution with the systematic help of the academic community. And, of course, this data must be used effectively by applying the right techniques that help us to answer questions that are both of an academic interest in their own right, but also satisfy the needs of policy makers.
In terms of our poverty challenge, currently we have too little disaggregated information on the characteristics of the poor and why they are poor, and too little information about the dynamics of poverty. The data needs to help us to measure the impact of our poverty alleviation programmes, to identify areas of success, weakness, and failure in the delivery of income support and the delivery of economic and social services.
Obviously, as South Africans, we have much to do. And I am conscious of having not made your deliberations any simpler. I have, however, tried to provide some sense of the importance of this workshop to me, and to the South African Government more generally.
I wish you well in your discussions.
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The Municipal Finance Management Act (MFMA) takes effect on 1 July 2004.
The Act aims to modernise budget and financial management, and to ensure greater transparency and accountability in the finances of municipalities. It does so in order to maximise service delivery to all residents, customers and users.
Together with the Municipal Systems Act, the MFMA empowers mayors and councillors to lead the municipality by approving policy and setting performance targets, and clarifies and separates their role from that of officials. The Act enables managers to manage and be responsible for implementation, but also makes them more accountable for their performance and outputs.
The MFMA is the local government version of the Public Finance Management Act (PFMA), which applies to the national and provincial spheres of government. Both are unique to South Africa, and bring uniformity to financial management in all of government. The MFMA focuses on performance, through setting and monitoring outputs, outcomes and measurable objectives.
The MFMA is required in terms of chapter 13 of the Constitution, particularly sections 215 and 216. These sections require transparency in budget and budgeting processes, as well as uniform treasury norms and standards. The Act promotes co-operative governance between the spheres of government and strengthens the link between planning and budgeting. It further deals with the borrowing powers of municipalities, and the process to be followed during a serious financial crisis. The MFMA also forms an integral part of the broader reforms outlined in the 1998 White Paper on Local Government.
One of the underlying principles of the MFMA is the important role to be played by councillors in exercising their oversight role. This is given effect through the role councils are expected to play when considering the annual report of the municipality. Given this oversight role, and the fact that one cannot be both player and referee, both the Systems Act and MFMA now require that councillors no longer serve on tender committees and boards of municipal entities.
Implementation of the Act will not occur overnight, particularly since the Act represents a break with past practices, and aims to introduce QUALITATIVE improvements in the way municipalities are governed and managed. The Act will be phased in over a number of years, depending on whether a municipality is categorised as high, medium or low capacity. Further accredited training will be introduced over the next few years once new unit standards are finalised.
To assist municipalities, Treasury officials also conducted a series of workshops across all nine provinces. More than 2000 officials and councillors participated at these workshops which provided a forum for extensive training, discussion and consultation on the reforms contained in the MFMA. Further information on the MFMA and supporting material is available from www.treasury.gov.za/mfma.
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The President has made the following appointments in terms of section 221(1) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), section 5 of the Financial and Fiscal Commission Act, 1997 (Act 99 of 1997), and section 5 of the Organised Local Government Act, 1997 (Act 52 of 1997).
All the appointments are for five years, effective from 1 July 2004 until 30 June 2009.
Dr Mokate replaces Mr Murphy Morobe, who resigns as chairperson of the FFC six months before the end of his term, as he has accepted a new post as Deputy Director-General for Communications in the Office of the President.
The FFC is an independent and impartial advisory body established in terms of section 220 of the Constitution, to advise government on intergovernmental fiscal matters, affecting the three spheres of government.
The FFC was modelled on similar institutions set up in countries like Australia, Canada and India, which all had more decentralised systems of fiscal relations. The Interim and new Constitution both adopted a revenuesharing model for South Africa, with each province and municipality expected to determine its own budget, using national grants and their own revenue from motor car licenses, hospital fees, property taxes, RSC levies, electricity and water charges.
Under Mr Morobe's leadership, the FFC provided sterling advice on how to arrange fiscal relations in the new South Africa, through their pathbreaking recommendations in 1995 and 1996. The first sets of recommendations (1995 through 1997/98) were more about developing a grant system, resulting in current provincial and local government equitable share formulae. Subsequent submissions have begun to look at the long-term future direction of our intergovernmental system. In particular, the FFC began to probe issues of devolving more fiscal powers to provinces and local government.
The FFC also helped by recommending that informal consultative forums established in 1994 be formalised, leading to the creation of the Budget Council and Budget Forum. The FFC worked closely with the National Treasury to develop the formulae for both the provincial and local government equitable share.
7 Division of Revenue Acts (1998, 1999, 2000, 2001, 2002, 2003, 2004).
Recent amendments to the FFC Act envisage that the Commission will play a bigger role in preventing unfunded mandates when new functions are assigned to provinces and municipalities. Section 3(2A) to (2D) require the Commission to play a more active role in ensuring that such assignments properly take into account the future impact on the division of revenue, and also the impact of transferring employees, assets and liabilities.
These amendments also reduce the size of the Commission from 22 to 9, in accordance with Act 61 of 2001 which amended section 221 of the Constitution. The commission now consists of the chairperson, deputy chairperson, three provincially nominated persons, two local government nominated persons and two other persons. This process to reduce has been phased in, having begun two years ago, and will be completed shortly as new appointments are finalised.
Section 214 of the Constitution requires the Commission to make recommendations to government and legislatures on the division of revenue between the three spheres of government. This is the reason why the FFC is handing its annual recommendations to the Minister of Finance today, before the next Budget.
Section 214 of the Constitution states that the annual Division of Revenue Act "may be enacted only after the provincial governments, organised local government and the Financial and Fiscal Commission have been consulted, and any recommendations of the Commission have been considered". Ten criteria related to fiscal capacity and efficiency, funding of basic services and allocated functions, developmental and other needs, economic disparities and the desirability of stable and predictable allocations had to be taken into account.
Section 9(1) of the Intergovernmental Fiscal Relations Act gives effect to section 214(2) of the Constitution, which requires a consultative process for the revenue-sharing process underlying the budget. One of the most important decisions to make for the Budget is the division of revenue between the three spheres of government. The Act requires the FFC to table its recommendations for the division of revenue between the three spheres, normally 10 months before the start of the financial year. Given the elections this year, the recommendations are being made one month later, as allowed in terms of section 9(3) of the Intergovernmental Fiscal Relations Act.
The FFC recommendations are given to the national government, and tabled in both houses of Parliament and submitted to provincial legislatures and SALGA. The recommendations are also submitted to all provincial legislatures and organised local government. Given that these are recommendations for the next Budget, government normally only formally responds to these recommendations at the time of the Budget, through the Division of Revenue Act and its explanatory memorandum, as required by section 10 (2) of the IGFR Act. However, between the tabling of these recommendations and government's formal response, the tabling initiates a very deep process of consultations between the three spheres of government.
The recommendations are processed by the executive as follows: the recommendations are discussed in the Budget Council and Budget Forum with provincial MECs of Finance and organised local government. They are also discussed in the Ministers' Committee on the Budget and Extended Cabinet (where Premiers and the chairperson of SALGA) are invited, when national government proposes a division of revenue. Government also indicates its proposed response when tabling the Medium-Term Budget Policy Statement (MTBPS), where a proposed division of revenue is tabled in Parliament. Legislatures also have their own processes for discussing the recommendations. For example, the NCOP convenes hearings to discuss the FFC recommendations with provinces and organised local government. All the legislative hearings recommendations are also taken into account when the national government finalises its response to the FFC recommendations in the Division of Revenue Bill, and its explanatory memorandum (or Annexure E of the Budget Review).
Dr Renosi Mokate holds a BA degree from Lincoln University, Pennsylvania USA and MA and PhD degrees from the University of Delaware, USA. Her areas of specialisation are Development Economics, Urban Economics and Policy Analysis. She has written a number of papers on these topics. Dr Mokate has held various posts including those of Associate Professor of Economics at Lincoln University, Pennsylvania, USA; Senior Policy Analyst, Development Bank of Southern Africa; Director: Centre for Reconstruction and Development, University of Pretoria; Executive Director: Group Economic and Social Analysis, Human Science Research Council; and CEO, Central Energy Fund. She is currently Executive Director of her own company, Mandisis Consulting cc and Honorary Professor of Economics at the University of Pretoria.
Dr Mokate was extensively involved in the transition and Multi-Party processes. She was a technical advisor to the Consultative Business Movement (CBM) during the preparation of the reports on, The "Fiscal Implications of Decentralisation" and "Constitutional Options and their Implications for Good Government and a Sound Economy." She served as the research coordinator for the Commission on the Demarcation and Delimitation of Regions/Provinces and was the Chief Executive Officer of the Independent Electoral Commission during South Africa's first democratic elections. After the elections, she was seconded to the Office of the Reconstruction and Development Programme in the Office of the President, as programme manager for macroeconomic and fiscal policy issues.
She has also rendered services to government, the business community and international agencies such as the United Nations Development Agency and the World Bank.
She has received a number of awards including the Independent Electoral Commission Award (2004); Outstanding Alumni Award, CHEP, University of Delaware (2004); Tuksalumni Laureata (2000); Rapport-City Press Women of the Year Award (2000); and the Presidential Citation for Outstanding Achievement, Alumni Award, University of Delaware (1996).
Tania Ajam obtained a B.A. (Hons) Economic degree from the University of Cambridge in 1996; a M. Bus. Sc. which was awarded to her with distinction in 1995 from the University of Cape Town, and in 1993 she received a Bus. Sc. (with first class honours and distinction in Economics) also from the UCT.
Her key research areas include intergovernmental fiscal relations, the efficacy of public spending and fiscal institutions and processes.
Ms Ajam is currently a Senior Specialist in Public Finance at the Applied Fiscal Research Centre AFReC (Pty) Ltd, a UCT affiliated company. She joined AFReC in 1997 as Deputy Director and was promoted to a Director in 1999, serving also as Chief Executive Officer from 1999 - 2002. Ms Ajam's functions as CEO included setting up the Company, negotiating the affiliation contract with the University, overall operational and financial management of the Company, implementing strategic plans of the Board of Directors, building capacity and the human resource profile of the organisation.
Before joining AFReC, she was a lecturer at the School of Economics at the University of Cape Town and a Senior Researcher on the Provincial Fiscal Analysis Project at Idasa's Budget Information Service.
Ms Ajam serves on the Financial and Fiscal Commission since November 2001.
Ms Ajam has extensive experience in and worked as a consultant, on behalf of AFReC, in many areas including Performance Budgeting implementation, project design, development of draft unit standards in municipal budgeting anf finance, intergovernmental fiscal relations, Public Finance Management Act compliance, and materials development. She has served as a consultant to the National Treasury, NPA, Western Cape Treasury, the Department of Provincial and Local Government, the IDT, amongst others.
Mr Risenga Maluleke obtained his B. Sc degree from the University of the North in 1991. During 1993 he did his in-service training, which included Demography, Statistics, Introduction to Computers, Classification of Businesses and Statistical Analysis Systems (SAS Programming).
Since December 2001 he has been working at StatsSA as an Executive Manager in the Office of the Statistician-General, where he provides strategic support to the Statistician-General, and the Executive Management Team and the Strategic Management Team. He is also responsible for internal communication, provides statistical support to policy-makers, intergovernmental and interdepartmental relations, international relations and international statistical development as well as for donor funding co-ordination and support and legal services.
From February 1997 until September 2000 he was the deputy director for Statistics South Africa in the Northern Province.
His leadership roles and community activities includes membership of the University of the North's Mathematics and Science Student's Associations and the Interim Inter-provincial Liaison Committee (for Limpopo province) on gaming, gambling, betting and casino's.
He was a founder member and chairperson of the Statistics Committee of the Limpopo Province.
From 2000 - 2001 he has been the Chairperson of the Organisational Development Task Team, Statistics South Africa.
Martin Kuscus obtained a BA Cur degree from the University of South Africa in 1992. He is currently in his final year studying part-time for an MBA.
Mr Kuscus served as MEC for Finance in the North West provincial government for ten years, from 1994 until April 2004. He has just been appointed as Chief Executive Officer of the South African Bureau of Standards in June 2004.
Mr Kuscus attended various Executive Development Programmes, including The Prestigious Executive Programme for Leaders in Development at the Kennedy School of Government, Harvard University in June 2000. In 1996 he attended the Economic Policy Development Programme at the London School of Economics.
He is currently the municipal manager of Tshwane, after serving as a regional director in the City of Johannesburg. Before that he headed the Department of Local Government and Housing for the North West Provincial Government, serving as Deputy Director-General. He also worked for Planact between 1990 and August 1996.
Gugu Moloi obtained a Bachelors Degree in law and a Masters Degree in Town and Regional Planning. She also completed a Diploma in General Management.
Ms Moloi is currently the Chief Executive Officer of Umgeni Water Board. She previously served as CEO of the Municipal Infrastructure Investment Unit (MIIU), and as Chief Director: Municipal Infrastructure and Planning at the Department of Provincial and Local Government. She managed the process of drafting the White Paper on municipal service partnerships and contributed to the chapter on the Municipal Systems Bill that deals specifically with municipal service partnerships.
Ms Moloi is also a non-executive director of Johannesburg Water- the first water utility company in South Africa. She has also been appointed on the board of First Rand.
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Allow me also to welcome you to the National Treasury.
Many of you would probably know that the Commission for Africa was established by Prime Minister Tony Blair earlier this year as a prelude to the UK being in the rather unusual position of chairing both the G8 and holding the Presidency of the European Union in 2005.
Moreover, some of you may also know that I serve on the Commission as one of three Finance Ministers responsible for issues in economic development.
But I am sure that many of you may also still be wondering what exactly the Commission for Africa is all about, which is why we meet here today. The purpose of this seminar is to share information about the objectives of the Commission as well as to provide you with an opportunity to give your perspective and ideas on what the Commission should do. I am therefore confident that we will leave this seminar a lot wiser than we arrived.
Let me start by saying something about my own expectations of the Commission for Africa.
For the past four years, since the G8 meeting in Genoa, a number of African Heads of States have been invited as special guests to participate at the G8 Summits. This was done in recognition of the pertinent development problems facing the Africa continent but also in light of the unprecedented opportunity to make progress on common goals of eradicating extreme poverty and achieving sustainable development, following the UN Millennium Declaration, the Monterrey Consensus on Financing for Development, the launch of the Doha Development Round of multilateral trade negotiations, and the Johannesburg Declaration on Sustainable Development.
This culminated in 2002, at the G8 Summit in Kananaskis, Canada, in the G8 endorsement of the Africa Action Plan, which commits the G8 to provide adequate resources so that no African country genuinely committed to poverty reduction and good governance would be restrained from achieving the Millennium Development Goals. More concretely, they committed themselves to increase ODA flows by a total of US$ 12 billion per year, of which half or more would be allocated to African countries.
In these actions, the G8 has clearly shown their willingness to partner with African countries, recognising Africa's desire to further its own development. We have made great strides in NEPAD and the African Union, based on a progressive Constitutive Act and underpinned by institutions to ensure effectiveness and accountability, such as the Pan-African Parliament and the African Peer Review Mechanism.
This moment of interest, support and conscience should not be lost. The Commission for Africa is an important initiative but it also faces distinct challenges.
NEPAD has shifted the centre of decision-making about African matters from North to South. Our responsibility is to strengthen the locus of African decision-making. At the national level, the importance for equitable growth, macroeconomic stability and microeconomic policies that facilitate competitiveness and sustainable wealth creation cannot be understated. Capable state institutions are required for African states to balance the distribution of economic burdens and opportunities.
Through the African Peer Review Mechanism, African countries have embarked on an ambitious process to improve our institutional and policy environment, accelerate poverty reduction and install good governance, accountability and best practice on the Continent. The Commission for Africa shall recognise these efforts as a major step along the path to improved governance, and giving it the backing as the standard-setting institution for African countries.
Moreover, the Commission for Africa shall put pressure on the G8 to meet their commitments in the Africa Action Plan with respect to more and better financing of development, opening markets to products from developing countries, debt relief and promotion of private sector investments in productive assets in Africa. The argument in favour of trade distorting measures has long expired. Moreover, the beggar-thy-neighbor economic policies of the world's largest economies is elevating uncertainty in the world, with negative spill-over effects on investment and growth opportunities of developing countries.
Millennium Development Goals. It constitutes the first deadline for meeting some of the MDGs and it is the targeted deadline for the publication of a major UN study done by the UN Millennium Project on the financing of the MDGs. Further discussion is necessary on how we should proceed once developing countries achieve their MDGs. Emphasis should be placed on stimulating the supply side of the economy to achieve sustainable growth.
Despite an increasingly positive economic outlook in Africa, substantially faster growth will be needed to reduce poverty and to meet the Millennium Development Goals in Africa. Over the past twenty-five years, our continent has grown poorer - not richer, and only 4 countries are on track to meet the MDGs in 2015. On present trends, Africa as a whole will only achieve the universal education targets in 2029, halving poverty will require another 100 years, and meeting the child mortality rates will only happen in 2169.
So the Commission for Africa is in my view a welcome addition to the series of meetings and initiatives that center on the challenge of increasing the pace of development and poverty reduction in Africa.
The Commission represents a critical opportunity to work with a key development partner, and member of the G8, to make known Africa's concerns about its own development tasks and to talk about the sort of international economic environment that would be conducive to achieving those tasks.
The Commission has so far identified a range of issues that need more discussion and definition, including the role of multilateral and bilateral trade policies and impediments to domestic and international resource mobilization. Investment policies, the constraints facing women in our economies, infrastructure, and many others clearly need to be addressed by a comprehensive work discussing Africa's challenges.
Nick Stern is here today from the Commission and UK Treasury in large part to begin a process of discussion with us on these issues.
And I trust that in the time we have for discussion you will raise the concerns you have about the concrete development challenges we face, your perspectives on what is needed to be done to overcome them, and any views you would like to share regarding how the Commission can best achieve its objectives.
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The two Ministers will discuss issues of mutual importance as well as a range of bilateral and multilateral issues including the economies of Germany and South Africa.
The meeting will be followed by a media briefing. Members of the media are invited to attend the briefing.
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Private Bag x 115, Pretoria, 0001.
The Minister of Finance is pleased to issue the Code of Good Practice for Black Economic Empowerment in Public Private Partnerships.
South Africa's public service delivery record has been enriched through PPPs in recent years, and the PPP project pipeline continues to grow, both in numbers and in the innovative value-for-money solutions it contains. PPP projects worth more than R18 billion are in operation in a wide range of sectors to date, and more than 50 more are registered in the PPP pipeline. Importantly, PPPs are proving to be excellent vehicles for achieving broad-based black economic empowerment. In the PPPs concluded to date, black equity has been successfully achieved at between 25% and 40% of the private parties' shareholding, and sub-contracting in these deals has gone to a similar percentage of black enterprises. Small and medium enterprises are benefiting at local levels, and black management control is being sought and extended in all the projects.
The Code for BEE in PPPs sets a clear BEE framework for both public and private parties engaging in PPPs, creating certainty and ensuring a consistent approach. It gives practical guidance to institutions on how to achieve BEE in the transaction advisor teams that government appoints for these complex projects. For a PPP, the Code provides a balanced scorecard with indicative targets and weightings for each element of the private party's equity structure, management, subcontracting and local socioeconomic impact. The Code also guides institutions on how to make appropriate decisions about BEE targets during the feasibility and procurement phases. Standardised PPP Provisions, issued in March this year, gives the precise contract terms which government expects to conclude in PPPs, including BEE provisions, which reflect the scorecard of the Code.
It should be noted that the Code does not ignore the significant challenges we face in securing sound BEE in PPPs. In identifying the difficulties, we have therefore also committed government to three important interventions, which will roll out in the year ahead: Firstly, we are investigating the establishment of an equity facility that will lower the cost of capital to black shareholders in PPPs. Secondly, we are designing this facility in such a way that it will support independent financial and legal advice to black enterprises bidding for, negotiating and implementing PPP projects. Thirdly, we are establishing an internship programme to actively grow the number of experienced black transaction advisors in South Africa's PPP market.
The Code for BEE in PPPs, and these specific support interventions, will go a long way to further strengthening PPPs' contribution to BEE.
The Code has been finalised taking into account all comments received from both public and private parties since it was issued as a draft in December 2003. It is now issued as a PPP Practice Note in terms of section 76(4)(g) to the Public Finance Management Act. All PPPs pursued by institutions in terms of Treasury Regulation 16 to the PFMA must now apply the provisions of this Code in the inception, feasibility and procurement phases of the PPP project cycle, and in the provisions of the PPP agreement.
The Minister of Finance has also submitted the Code to the Minister of Trade & Industry with a request that he consider issuing it in terms of the Broad-based Black Economic Empowerment Act after advice from the BEE Advisory Council, once the Council has been established in terms of the BBBEE Act.
Copies available on www.treasury.gov.za For queries, contact sue.lund@treasury.gov.
<fn>GOV-ZA.2004081101En.2012-02-10.en.txt</fn>
Good morning ladies and gentlemen, economists, analysts, portfolio managers, investment bankers, financial journalists and other members of what we can term the financial sector "community".
Thank you to Reuters for the invitation to share a few thoughts with you this morning. The topic I have chosen is one that I hope will speak to the hearts and minds of many of the members of this community present here today. It speaks of the environment we operate in - this shared South African financial sector of ours. It speaks of where we have come from, what we have achieved and, most importantly, what we have yet to achieve. I'd like to share some views on the opportunities that exist out their, and my belief that they are intricately linked to the future of our continent.
The recent behavior of the Rand seems to have put many economists into early retirement, but some of you here today may remember that prior to the JSE's own "Big Bang" of 1995, it was one of the most illiquid exchanges in the world. Sanctions, interlocking shareholdings, and the buy-and-hold strategy of institutions all contributed to low liquidity. Similarly, the domestic bond market migrated to electronic trading on the Bond Exchange of South Africa as recently as 1996.
The re-entry of South Africa into global financial markets and the opening-up to international competition led to an exponential increase in activity in our domestic capital markets. This explosion in trading volumes and foreign participation added significant impetus to investment in new technologies, new products and compliance with international norms and standards. But it also led to a flurry of new entrants into the sector and an injection of fresh talent and expertise.
The result of all of this has been impressive growth in the financial sector. Over the five years to 2002, the financial sector grew at a real rate of 7.7% per year, more than twice as fast as the economy as a whole. Financial sector employment grew by about a fifth during the course of the 1990s. With an output of roughly 9% of GDP, the financial services sector is some 81% larger than the mining sector. In short, finance has been one of the most dynamic sectors of the South African economy during the past decade, accounting for almost a quarter of overall growth.
However, despite being the largest financial centre on the continent, South Africa's capital markets have yet to play a significant role in channeling debt and equity capital to where it is needed for African infrastructure projects, direct investment and government finance.
Current levels of domestic savings and foreign capital inflows in Africa fall far short of the capital needed to achieve NEPAD goals of sustained growth of 5-6 per cent per year.
In many countries in the region, domestic savings levels are hampered by the fact that critical long-term investment institutions like pension funds, banks and life insurers are weakly developed or absent. This is compounded by thin domestic capital markets, which make it difficult for institutional investors to invest soundly. Parastatals, private firms and infrastructure projects in these economies have very limited opportunities to raise longterm capital.
Thus, the development of South Africa's financial sector has the potential to aid not only the domestic economy, but also the Africa region. A strong regional financial centre can help cater to the capital needs of the region, especially if African entities are a key focus rather than a global afterthought.
From another perspective, while global integration has clearly boosted South Africa's financial markets in terms of liquidity, technology and talent, it will continue to expose our domestic markets to the challenge of global competition, especially from global financial centres. The tendency of capital to look for low costs (arising from economies of scale in trading, clearing and settlement), high quality skills and high capital raising capacity tends to result in the consolidation of finance into a few international financial centres.
It is far from clear that a consolidation of capital raising capacity solely in the developed world is to the advantage of the African region. What is needed is a financial hub especially focused on the needs and circumstances of the region, much in the same way that Singapore and Hong Kong cater for the capital needs of the Asian continent. Developing South Africa as a Financial Centre for Africa is thus not only a competitive strategy in terms of maintaining a financial market of global significance, but also leveraging on current strengths to best achieve the development goals of the continent.
International financial centres tend to have a foundation in common. Elements include political stability, free markets, and what is best described as the rule of commercial law. On all these fronts, South Africa does well.
Of course, not all countries that possess these qualities can be financial centres. To be a successful financial center requires a virtuous cycle of liquidity, foreign institutions and a deep pool of foreign talent. This cycle yields a continuous process of increased efficiency, product innovation and lower costs.
Recognising the development challenges faced in Africa and the huge contribution that South Africa's financial markets could play in supporting this development, our government endorsed the development of a strategy to position South Africa as a Financial Centre for Africa. A multi-year process of co-operation led by the National Treasury and involving the major financial regulators, exchanges and industry bodies has resulted in a draft strategy aimed at positioning South Africa's financial sector as the most competitive, cost effective, efficient and liquid market on the continent. Elements of the strategy have already been put in place; others are still in the process of planning.
Firstly, the strategy is not focused on transient considerations: each of the six pillars embodies a goal that will remain critical as South Africa's financial centre grows.
Secondly, these goals are self-reinforcing in terms of supporting a virtuous cycle of improvement and growth in financial service provision.
Lastly, each of the goals independently is of considerable value to the South African economy and its development path.
In this year's Budget Speech, the Minister of Finance announced the opening of South Africa's capital markets to foreign and African issuers. This marks a significant milestone in South Africa's reintegration into the global economy, promoting inward investment and capital market development.
There is no control on investment by non-residents, and as far as residents are concerned, control is shifted from the market to the investor, where the level of investment allowed is increasingly determined by prudential considerations.
Final details of the inward listing criteria are being put in place, with the first listings expected to take place within the next month.
This is a vital element of the FCA strategy, allowing African firms, finance institutions and sovereigns alike to access our markets for the long-term capital they need for development.
There are also other, less tangible, benefits to these inward listings. African companies can now be part of the JSE's market indices, potentially increasing the scale of capital they can access, but also raising their profile amongst the analyst community. Developing a critical mass of analysts and investment advisors dedicated to the African continent is going to be critical.
This pillar of the strategy sets an ambitious yet achievable goal for South Africa: capital markets trading at the lowest cost and lowest risk on the globe.
This goal requires actions by both the private sector and Government. It is central to becoming a regional financial centre.
Trading costs comprise explicit costs, which consist of brokerage, fees and taxes, and implicit costs, which are the cost to the trader of an adverse movement in the price due to the trader's own trade. The less liquid a market, the higher these implicit costs will be.
In order to achieve our goal of lowest trading costs, the explicit costs need to be tackled, thereby increasing liquidity and, indirectly, addressing the implicit costs.
Explicit costs need to be monitored and understood from a competitive point of view. Government will continue to assess its contribution to these costs in terms of transaction taxes. But it also requires a competitive environment for brokerage and other trading fees. The introduction of the Security Services Bill later this year will pave the way for greater competition in the provision of capital market services and trading fees.
The extent of investor protection in a market has become a key determinant of the perceived risk of trading in that market. South Africa's markets, and in particular the JSE, have taken a global lead in the main aspects of investor protection, including reporting standards, disclosure, corporate governance and protection of minority rights.
The marked improvement in perceptions of insider trading in our markets is testimony to the progress that has been made. Revisions to auditing rules and the Companies Act, plus the consolidation of security services regulation under the Security Services Bill, are just some of Government's efforts that will further this cause.
Financial centres need to provide a fertile and supportive environment for the development of new markets. This is achieved by a combination of a vibrant private sector, a regulatory regime that allows for experimentation and innovation, and intelligent use of the scale and policy instruments of the public sector.
A regional market in agricultural risk.
All three types of new markets fall within the FCA strategy and will be a focus of cooperative effort between Government and the private sector.
International financial centres rely heavily on financial sector talent, which can be sourced outside the country. Readily available skills give firms flexibility in constructing teams for developing products and servicing clients. A deep talent pool is a self-perpetuating advantage. The availability of talent attracts firms to the centre, and the job opportunities attract further talent. An immigration of talent is thus often not at the expense of jobs for local candidates, but can create a greater number of opportunities and transfer of skills.
Skills policy for a financial center has two aspects: increasing the supply of local highquality talent; and accommodating the cross-border flow of staff and recruitment.
Encouraging large-scale and high-quality local skills formation in key financial capabilities.
Allowing for the immigration of foreign talent. The recently revised Immigration Act heralds a marked change in immigration policy. Used to its full potential, the Act allows for the cross-border flows necessitated by an international financial center, by creating a number of permits that allow for a wide range of skills inflow situations. The financial sector is encouraged to apply for appropriate quota permit and exceptional skills category definitions.
Lastly, considerable potential exists to position South Africa as a preferred location for processing financial transactions and for managing global call centres, activities known collectively as business process outsourcing (BPO).
Financial sector BPO, the largest component of overall BPO, is projected to achieve $47 billion in global revenues this year, and to grow dollar revenues by 11% annually. Crossborder, as opposed to in-country, financial sector BPO is growing even faster, as low communications costs enable first-world financial institutions to avail themselves of lowcost, high-quality services located in developing countries. Flourishing financial sector BPO in South Africa would be an employment-intensive complement to other financial centre activities. A number of South African government entities have been working hard to attract BPO business to South Africa. The Department of Trade and Industry has been particularly active in this regard. In addition BPO has received high-profile mention in the President's State of the Nation speech last year and in the agreement reached in June 2003 at the Growth and Development Summit. Despite these efforts, anchor firms have not yet committed to South Africa, and our industry remains small by international standards. Telecommunication prices remain a key constraint. The challenge is to more effectively co-ordinate Government resources to position the country for financial sector BPO, particularly transaction processing, we see our biggest role as creating an environment conducive for the BPO.
In conclusion, some of the elements of this strategy have been put in place already. Others have yet to be finalised. The strategy as a whole will be released shortly for public comment, following internal processes and approval.
Collectively, it's a strategy aimed at building on the strengths of South Africa's financial sector and extending the benefits of a well-regulated, liquid, competitive and efficient market to all African investors, issuers and intermediaries.
But it is not a strategy that is a substitute for sound national financial systems in Africa. Indeed, this remains a critical priority that South Africa actively supports through technical assistance and co-operation. At the same time, Africa's economies cannot wait the slow maturing of national financial markets to provide the necessary channel for large scale foreign capital flows for development. Only a regional financial center will be in a position to provide these services in the foreseeable future.
South Africa has the scale economies in our financial markets to be positioned as the provider of capital and other financial services to the entire continent. It also has an investor community that is familiar with the African context.
Yes, the growth in our financial sector has been impressive over the last ten years. But from my perspective, this is only the beginning.
I sincerely hope that, five years from now, I will be invited back to attend the ceremony for Reuters' "African Economist of the Year" awards.
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Thank you very much for the opportunity to address you this evening.
I owe you an apology for my inability to have joined with you yesterday. suppose the old adage in intergovernmental relations is true: Chaos in one sphere produces disruptions across the system. I had to host a meeting of SADC Finance Ministers, which had to happen this week because it failed to convene previously and in other countries over the last fortnight. The result is that I gave up the pole position I had, which would have entitled me to speak first - by now you've heard it all.
I am sure that the contributions from Commissioners and associated luminaries over the past 36 hours have left you all suitably impressed. You have to be impressed for in a decade the Financial and Fiscal Commission led the building of a system of intergovernmental fiscal relations from zero. It is not only their view. This perspective is shared by practitioners from all three spheres of Government and the achievements are applauded by academics from all persuasions. What can I possibly add to this?
But this is dinner and I am sure that even you are entitled to a slightly different approach between the hard conferencing of today and the intensity of conference tomorrow. So let us change the lenses for this evening..
Permit me then to share a few observations that we would request historians not to quote.
The negotiations for democracy in South Africa were between centrists and federalists. On virtually every aspect of the constitution, the centrists, with their strong experience of and commitment to human rights won. The notable exception was the shape of government. I recall that many of us were shocked when we learnt that an agreement had been struck to create nine new provinces. Dr. Renosi Mokati was exceedingly patient in trying to explain to me, for hours, what these provinces would be, where their boundaries would lie, and what they would do. There were intense debates in the ANC about the interrelationships between the tiers, oops, spheres - strong-weak-weak versus strong-weak-strong versus strong-strong-weak. In all instances the first sphere, national, was designed to be strong. This was our vengeance against the confederalists who argued that national government should only have the remainder, namely Defence and Foreign Affairs. A further discussion related to how responsibilities would be transferred to these provinces, given the complete chaos inherited from the Bantustans, some of which were geographically in the same locality that some of the provinces would be located in. Anybody who suggests that this inorganic construction of government was or could have been easy, is in need of very specialist medical help.
In this environment, in this state of shock, we had the presence of mind to send teams of people to different parts of the globe to try and understand the complex fiscal arrangements. Visits were paid to Australia, India, the USA, Brazil and Canada. Each time they returned with the same message. "This is how we do it, please do not emulate us." And so were left to build this complex system without any precedent. My worst fears were realised when after one such trip, Ismail Momoniat returned with two boxes loaded with the same red book entitled "Fiscal Federalism in Theory and Practice". I knew then that the end was nigh since the only link with Momo's past was the deep red of the cover.
One of the other issues that should never be written about is the fiscal equivalent of the chicken and egg. The first MEC for Finance in the Eastern Cape, Professor Shepherd Mayatula, is a thorough gentleman in almost every sense of the word. His one weakness has been his penchant to raise uncomfortable questions. The impolite question he would repeatedly ask is how the first figures for each provincial allocation were arrived at. As a former economics professor, he had no problem with the formula, but how were the first figures arrived at Indeed, why was it that the first Eastern Cape allocation was exactly the same as the Budgets of the former Republics of Ciskei and Transkei, minus the allocations for Defence and Foreign Affairs Clearly this was the fiscal chicken and egg debate. I was new to this, I made no pretence to being excessively numerate and I watched in amusement as Treasury officials and the FFC squirmed in unison?
1994 was also the front end of the bull market. There were people in financial services who discovered terms like "derivatives", "futures" and "hedges". Every second day, such individuals, smart and unstraight, would knock on the door of provinces to explain how they could deal with every conceivable backlog in the shortest space of time by merely signing on the dotted line and committing future revenue streams to the wise and learned financial intermediaries. This begins to explain the crafting in evidence in the Provincial Borrowing Powers Act, and why it was promulgated before even the Intergovernmental Fiscal Relations Act.
So before you write up the Intergovernmental Fiscal Relations of the first few years of democracy, as an "Ode to Naivety" let me give you the assurance that what we lacked in experience we made up for, many times over, in vision and determination.
Core amongst the ingredients that pulled us through was the FFC, under the chairpersonship of Murphy Morobe. This was a team committed to learning faster than the rest of us, unafraid to offer opinions and, very importantly, willing to adjudicate contests, particularly between national and provincial governments or between provinces themselves. If there was a fault in the design of the FFC, it may have been that the institution was designed in an abundance of caution. All Commissioners have taken their task very seriously. So serious was one Commissioner that he wanted to resign at one stage because for two successive meetings, the FFC was not quorate, and in his view, incompetent therefore to take decisions, and he so cherished the Constitution that he could not be seen in violation by omission. His attitude is illustrative of the level of commitment and dedication which has created the presence in place for the FFC. But, he was not alone, his actions are illustrative of the FFC ethos.
A second ingredient was that we managed to get the Constitution and legislation spot-on. Key amongst these are, in the Constitution, Section 214 which permits the equitable division of revenue and creates the FFC as against Section 100 (1) which gives National Government power to intervene in respect of a province or Section 139 which allows a province to intervene in an instance of Local Government. The Constitutional balance creates both rights and obligations.
The Local Government: Property Rates Act, 2004; and seven Division of Revenue Acts (1998, 1999, 2000, 2001, 2002, 2003 2004).
Together these pieces of legislation have created a basis for engagement and have provided a legal certainty.
The third ingredient in the success of the period is people. The quality of individuals who served in the Budget Council and Budget Forum - both as political office-bearers and technicians - made a considerable difference. I believe that participation was assisted by the fact that participants understood that their views were taken seriously. Despite the fact that the Budget Forum comprised representatives from different political parties at times, it was never necessary to convene a caucus on party lines. The truth was that the nature of the discourse saw alignments based on interests, for example rural provinces aligned against the urban privileged, rather than on party lines. We always had almost all MEC's in attendance, and the debates were always intense, the mercurial Godongwana could not have been accommodated in any other manner. But importantly, the interpersonal chemistry worked.
Without a shadow of doubt an exceedingly solid basis has been laid; where some of us have sought to rush in the FFC helped us find our footing. I want to take as a given that we will consolidate the massive strides we have made in improving on accountability through the PFMA and the still-to-be-realised gains from the Municipal Finance Management Act. Further, we must make a general commitment to improve on the quality of the statistics we have at our disposal to ensure that at every material point our efforts and pro-poor policies can be targeted to the best effect.
I do however, wish to share a few suggestions that might improve on future decision-making or at least give rise to one huge debate in defence of what exists.
Firstly we are Governments. We need to govern in a manner that allows us to interpret the mandate we received from the electorate. Against this, there is a formulaic approach, which from time to time appears as though it wants to allocate all resources on the basis of formulae, undermining the fiscal oversight and decision-making of Government. This is a matter that will continue to dominate the interrelationships between Government and the FFC. The key then is to find a way to enlarge policy room in all spheres of government.
Secondly, in our youthful enthusiasm we defined Government as "constituted as National, Provincial and Local Spheres of Government, which are distinctive, interdependent and interrelated" [S 40 (1)]. Whilst this is clearly a mark of innovative drafting, it is not without its difficulties. It would not be unreasonable to examine an approach which is perhaps more "tiered" or endeavours to address the strong/weak debate referred to earlier.
Thirdly, it would not be unreasonable to draw on a decade of experience and examine the powers and functions assigned to various spheres of government by the Constitution. We can do this without attempting to fix what is not broken. We must commit to greater levels of efficiency and accountability. This commitment will not be attainable if we have sacred cows in the way of rational discourse.
Fourthly, we need to find a balance between supporting local development initiatives through the equitable share component as against the targeted outcomes in well-constructed and well-motivated conditional grants. If governments must govern, then we should not fetter them with an overload of either conditionalities or unfunded mandates arising from rushed policy decisions taken away from the sphere where the spending will take place.
Fifthly, in the spirit of governments governing, we must explore the ability of all spheres to raise taxes. This challenge requires simultaneously rising to the challenge put by President Mbeki on strengthening the fiscal capacity of local governments and examining provincial capacities without the comfort zone of an efficient SARS.
And finally, we should not be afraid to test ideas on development asymmetry, even if this would entail retooling the applicable formulae to reweigh the demographic, economic contribution and underdevelopment components. If we seek different outcomes to settlement patterns and the spatial geography of poverty, we must commit to reverse the polarising effects of unmitigated urban settlement.
In conclusion, I want to re-emphasise that we should not sell the achievements in the Intergovernmental Fiscal Relations short. Democratic South Africa has much to thank the FFC for. The worst mistake we can make is even a momentary lapse of self-satisfaction. The mandate from our people, at least to 2009, is a contract focused both on work opportunities and a war on poverty. Our invitation to the FFC is to act decisively both as participant and conscience to government. Finally, we can now stop distributing "Fiscal Federalism in Theory and Practice". WE can confidently write our own book and tell the story of a struggle well waged. Similarly, we will not have to send away visitors with the instruction "This is how we do it, please do not emulate us". We have much to be proud of, yet sufficient undone to compel us to be humble.
<fn>GOV-ZA.2004081901En.2012-02-10.en.txt</fn>
The Minister of Finance, Trevor Manuel, invites the media to the launch of the Public Private Partnership (PPP) Manual and Standardised PPP Provisions on 23 August 2004.
The two volumes draw on South African experiences in Public Private Partnerships, taking into account leading international trends.
The PPP Manual provides practical steps in the PPP project cycle and aims to empower institutions for improved infrastructure and service delivery. Standardised PPP Provisions are world best practice combined with South African priorities, and create certainty about the terms under which PPP deals will be structured. Together, these will enhance better implementation and service delivery.
To RSVP email: lindani.mbunyuza@treasury.gov.za or tel 012 315 5645 or 082 2970 283. Please send us your details, including your name and of your media organisation.
<fn>GOV-ZA.2004082401En.2012-02-10.en.txt</fn>
Fellow Ministers, ladies and gentlemen, distinguished guests.
Just over a year ago I spoke at a PPP forum, which was a somewhat smaller gathering of smart public and private sector minds, organised to mark the launch of a public consultation process to develop sound contracting standards for South African PPPs. Within a short space of time, we were ploughing through over 300 pages of comment. That's why we are here today: to acknowledge the huge amount of work that has gone into this exercise, all of it done with enthusiasm and care, and much of it afterhours and un-remunerated.
Not that I want to suggest that anybody involved in this business is underpaid. Just that there is clearly also a material non-transferable, non-pecuniary reward (as yet untaxed) in this peculiar shared interest in the intricacies of complex, multi-party, service delivery contracts.
Now, with a few more partnership agreements under our belts, a few more 'on time, on budget' construction completions achieved, PPP service delivery happening in a range of sectors, and with substantive PPP best practice guidance and standard provisions on the table, it is timely to reflect on why we are pursuing PPPs.
South Africa has achieved many things in ten years of democracy, but one of the most remarkable is the way we have embraced a shared future, the way we have had to reverse a history of divisions, the way we are profoundly conscious that we are, together, custodians of our nation's well-being and future. It is a sense that we can galvanise the full wealth of our people's skill, our innovation, and our energy to eradicate poverty and drive development. The agenda is of course, weighty: quality health care for all; quality education for all; safe water and sanitation for all; road, rail, port, communications infrastructure that will stimulate growth; black economic empowerment; a justice system that works; sport and cultural facilities that build pride; the protection of our biodiversity heritage. And much more.
So when we are confronted with the practical matters of "how to", it is not surprising that we look to the full spectrum of our country's resources, both public and private. But we do so not with a fuzzy notion that somehow we are all philanthropists. We do so rather, with a sober understanding that the diverse interests of different sectors can in fact, be harnessed for the collective good. That is what PPP projects are about. The public gets better, more cost-effective services, the private sector gets new business opportunities. Both are in the interests of the nation. Doubtless, it is a fine balance to strike in each deal. Doubtless, this is why PPPs are tricky and require high levels of expertise. But it is also why we have worked so hard to get them right.
Our policy is to use diverse sources of funding for meeting our identified infrastructure and service delivery needs, and in a manner that is cost-effective and appropriately adapted to the circumstances of each particular project. To make the appropriate choice in each case requires careful assessment of options and computation of costs and benefits.
We are no longer debating whether PPPs are useful procurement tools. We know that they are. We are now in the trenches of projects, tackling the practicalities of how to do what we need to do, only better each time. Perhaps this is the really exciting thing, both for us in government and I am sure for many of our business partners, that every project takes us several steps further in finding competitive solutions, in negotiating tighter margins, in stretching the boundaries of contractual pre-commitment.
A key international lesson in public sector project management, is that governments need to establish standard systems, based in certain legislation, that become familiar territory for all stakeholders. Critical public projects should be able to take off on a clear and certain path, not re-inventing the wheel each time. This is particularly important in countries where public sector capacity is slim. What National Treasury's PPP Unit has done is to produce a set of very practical tools for this purpose.
The PPP Manual is without doubt, a world first, taking the reader step-by-step through the PPP project cycle, removing the mystery, empowering institutions to get on with the job. Standardised PPP Provisions are up there with the world's best - with a touch of South African spunk - creating certainty about the terms under which our deals will roll. There really is no longer any excuse for public sector managers who dilly-dally in implementing their mandates, and no reason for the private sector to doubt government's commitment to this delivery path.
But as we pursue our ground-breaking projects, let's not forget that we are infants in the PPP business and that PPP capacity is not an overnight acquisition. We have to build a track record and measure our progress with honesty. I look forward to the first detailed case studies of our early deals, which the PPP Unit is currently commissioning.
At the same time, we are continuing to follow with interest the track record of countries who have forged the PPP path ahead of ourselves, whose PPP markets are maturing, and from whom we have learned a great deal in recent years.
The South African PPP market is in early days, but we will be vigilant in tracking international project finance trends as we simultaneously develop our home-grown systems, seeking always to optimise value at every turn. This is a long-term business, and we are in it for the long haul, together.
South Africa has committed very significant budgets to infrastructure spending in the forthcoming period. Medium term three-year estimates for infrastructure projects by national departments amount to R63 billion, growing at 10.8% per annum. Public enterprises over the same period are set to spend in the region of R87 billion. Municipal infrastructure spending is steadily growing. To what extent PPP will be the procurement choice in these mandates remains to be seen, but the tools are now in place, and we are developing a clearer understanding of the appropriate criteria for selecting procurement methods. We are also setting more stringent project feasibility requirements - as many of you will have discovered - which contributes over time to better project selection and greater certainty about project outcomes.
Perhaps the most important signal of the expanding envelope of opportunities for infrastructure and service delivery partnerships is the progress that has been made over the last year in constructing the Financial Services Charter. The targets that have been agreed for investment in infrastructure, housing, empowerment, small business development and public services can only be met through a rapid growth in welldesigned PPPs, in which private finance is effectively mobilised, project by project, in the transformation of our social and economic landscape.
To the bankers here tonight, I know that we have driven hard PPP bargains with you in the past few years, that your margins are now tighter than they were at first, that the BEE financing arrangements for PPPs demand new approaches, that re-financing opportunities require ever-more skill and diligence, and - I am told - engaging with government in these projects presents an increasing challenge!
To the sponsor companies who have placed equity on the table, carried bid costs, driven BEE alliances, and whose sub-contracting arrangements are actively delivering the goods, I know it has required tough sell in your board rooms and that many executives have suffered more than a few sleepless nights thanks to PPPs. Your faith in government's commitment to doing fair and reliable deals is not misplaced.
To the BEE partners who have gone out on a limb, stretched your borrowing and balance sheet capacities to the limit for these projects, and whose businesses are just getting going, I know it has been daunting, that the playing field has not been even, that the risks have been high. But I also know that the rewards are not insignificant. We will continue to drive empowerment in every facet of PPPs because we know these projects hold huge potential to grow new black businesses - big and small, build black management, develop skills, and create jobs.
To the advisory firms that are honing PPP skills, your role is critical, whichever side of the table you work. And we look forward to witnessing strong growth in the numbers of experienced black professionals in this exciting field.
And then, let me express Treasury's appreciation to the government institutions that have bravely forged ahead with the first South African PPPs, sometimes in the face of resistance, scepticism and fear from your own ranks. (And always in the face of difficult questions, impossible deadlines, tight budget constraints, and lack of sympathy on the part of the Treasury officials you have to deal with.) You have set examples for many others. It is on your shoulders that South Africa's PPP record is being built. Your project successes and failures in the years ahead will be closely watched and measured, and the country's growing PPP abilities will draw heavily on your sweat and tears.
South Africa is a nation at work. We have both public and private resources at our disposal and the collective will to put them together for the common good. We have committed public servants, innovative capital markets, and vibrant businesses looking to grow. We have the legal framework and practical tools for PPP delivery in every sector. Increasingly, we can see and take pride in the results.
Let me conclude with just one word. Trust. The partnerships we are building between government and the private sector, between citizens and service providers, between taxpayers and civil servants, fundamentally rest on trust. Well-structured PPPs reinforce that trust, because they commit so much to documented service level agreements, negotiated prices, penalties for non-delivery and rewards for efficiency. But even when every lawyer round the table has exhausted his supply of sub-clauses and annexures, there is still a residual space, that is unknown, and that relies on good faith and solidarity. Trust is the bedrock of partnership.
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It has come to my attention that certain multinational companies and their advisers are attempting to argue that they may declare dividends to non-resident group companies without paying Secondary Tax on Companies (STC).
I am concerned that this argument is based on an improper reading of the Double Taxation Agreements South Africa has entered into with other jurisdictions. I am further concerned that it has taken the form of a "product" that has been aggressively marketed by certain advisers without any consideration of the potential impact that it would have on the South African fiscus, Government's ability to fund the developmental needs of South Africa, and the distortions it would introduce in competition between multinational and domestic groups, were it to be successful.
SARS has engaged with advisers that have marketed this product and with some of their clients in order to highlight both the broader policy and technical objections to it. The engagements with the advisers have not produced satisfactory results. SARS has indicated that it will oppose this product or any variation of it through all legal avenues available to it.
In order to ensure that business certainty is maintained while this process unfolds I have decided to propose a legislative amendment to Parliament to make it even more abundantly clear that STC is leviable under the circumstances at issue. I also wish to make it clear that it is not and has never been Government's intention to provide multinational groups with a more favourable STC dispensation than domestic groups. I will recommend to Parliament that the proposal be effective in respect of dividends declared on or after 26 August 2004. A draft of the proposed amendment will be released shortly and will be open for public comment.
SARS has informed me that that it will continue to engage with individual multinationals, as there have been positive indications that certain of these multinationals have begun to reconsider their positions. SARS will also continue to engage with advisers, including those that have indicated that they regard the product as unacceptable.
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Members of the NCOP play an invaluable role in protecting the interest of provinces and local government. We in the National Treasury are of the view that we are allies of the NCOP in this endeavor. It is to this end, and not to meet any constitutional or statutory obligation, that we sought to publish the Intergovernmental Fiscal Review from time to time.
Towards the end of the second Parliament, the NCOP had become quite adept to using the IGFR as an instrument which serves both to facilitate the oversight function of provincial legislatures and to equip standing and portfolio committees to help understand spending trends.
This year we decided not to publish a full IGFR, but to limit the publication to an update on the last IGFR, but it is still a document of 152 pages with annexures of 147 pages.
We are tabling this document in this House because the NCOP has a critical oversight role to play in monitoring government expenditure, given the size of our transfers to provincial and local governments. In 2004/05 for example, we transfer 61,8 per cent of the available resource of R316 billion (contingency reserve of R2,5 billion excluded) to these two spheres - R181,1 billion or 57,3 per cent to provinces, and R14,2 billion or 4,5 per cent to the local sphere. These transfers are effected through the Division of Revenue Act, which is arguably the most important budget legislation that the NCOP is asked to approve every year.
I want to begin by giving you an example of why this document is important for Parliamentary accountability by looking at the education budget. The National Department of Education has a budget of R11,3 billion this year, yet its own spending budget is only R443 million if we exclude transfers to higher education institutions and other transfers. In contrast, the 9 provincial education departments have budgeted and will spend R64,8 billion this year. The question that arises is whether Parliament should not focus on the consolidated budget, namely the consolidated R64,8 billion provincial education budget and the R11,3 billion national budget, taken together. If Parliament were only to look at the national education budget, it would not see the whole picture on education.
For this reason, we have an expectation that all eleven education committees, those at Parliament and at every legislature, should jointly meet and workshop the specific chapter on education. Such a workshop will enable each committee to better perform its responsibility over education in its own legislature.
Deputy Chair, the Trends in Intergovernmental Finances we table before you today provides information on the 2004 provincial budgets, and the 2003-04 municipal budgets. It accounts for public expenditures for the last three financial years - that is 2000/01 to 2002/03, as well as the preliminary outcome for the 2003/04 financial year. It spells out in more detail spending plans for the nine provinces and 284 local governments, taking the focus on service delivery one step forward and enabling users to compare provincial and municipal service delivery standards and achievements.
We are confident that the NCOP will facilitate the participation of every provincial legislature and municipal council in the accountability processes by spreading the information in this document as widely as possible.
The 2004 provincial budgets consolidated in this document represent a real expression of cooperative governance. They reflect strong alignment to national priorities articulated in the 2004 Budget Review. Provinces are budgeting R186,7 billion for their 2004/05 budgets, of which R152,9 billion or 82 per cent is budgeted for the three social services education, health and social development.
Local government budgets for 2003-04 total about R86 billion, including capital expenditure of R16,7 billion. The budgets of our 6 Metros' alone comprises 58,8 per cent of the total municipal budget.
This document allows us to compare between different spheres and different functions. One of the important trends to look at from a delivery perspective is to ensure that we maximize the budgets for the delivery of services, by reducing the costs of personnel (which we now call compensation of employees). Such a trend has been the case in provinces, where the downward trend on personnel started more than three years ago, and is set to continue over the MTEF, resulting in a further decline in the share of personnel from 57,7 per cent in 2000/01 to 44,5 per cent in 2006/07. This will release more resources for delivery, with non-personnel expenditure expected to rise to over 55 per cent over this period. This is in stark contrast to local government, where its share of personnel expenditure has been increasing rapidly and is now at 43 per cent of its operating budget if bulk purchases of water and electricity are excluded from this operating budget. This means that it will be even harder for the local sphere to deliver, if it does not prioritise containing its personnel expenditure.
Income support continues to be one of our weapons for fighting poverty, in the short term. One of government's greatest achievements is the increase in the number of social grant beneficiaries, which increased from 2,9 million in April 2000 to 7,9 million in April 2004. We expect that beneficiary numbers will grow in excess of an estimated 20 per cent per year. This will see budgeted total spending on social security grants rise from R37,1 billion in 2003/04 to R54,4 billion in 2006/07. The share of social development spending will rise to 28 per cent of provincial spending in 2006/07 raising social security expenditure to over 3 per cent of GDP. This is a trend that Honourable members must pay to attention in future years, if we want to ensure that we have sufficient policy room to promote growth-generating policies. A particular concern is the rapid growth in disability beneficiaries, which has risen from doubled from over 612 614 beneficiaries in April 2000 to 1 270 964 beneficiaries in April 2004, resulting in disability spending rising from R4 billion to R10,2 billion in this period.
Total education spending grows by 1,6 per cent in real terms from R60,3 billion in 2003/04 to R73,7 billion in 2006/07. The highest growth is in non-personnel noncapital expenditure, which rises from R5,2 billion to R7,8 billion over this period. These amounts, however, exclude transfer payments. This is expected to help the sector allocate increasing amounts to learner support materials and reinforce improvements in the quality of school education.
The document also deals with outputs in education. On the one hand, it considers provincial performance in respect of matriculation pass rates. On the other, it reviews provincial attainment in maths and science - key requirements for a skilled work force. Some of us are still trying to understand why Limpopo's matric pass rates in maths and science are much better than those of some of the provinces that spend more per learner than Limpopo. Perhaps this says a lot about efficiency of education spending in that province. I am not saying this because the Governor of the Reserve Bank and DG of Treasury both come from Limpopo!
Provincial health budgets are projected to grow by 3,3 per cent in real terms to R47,4 billion in 2006/07.
Improving health service delivery largely depends on having the rights skills in the right place. Implementation of the scarce skills strategy and rural allowances which commenced last year is on track. Additional resources over the next three years provide for the costs of hiring and deploying personnel with scarce skills such as doctors and pharmacists.
Quality health care also depends on adequate medicine and drug availability. Over the next three years, strong growth in non-personnel spending in health should allow our hospitals and clinics to ensure sufficient supplies of medicines, drugs and other medical necessities. Health budgets also include a conditional grant of R3,5 billion to be spent on HIV and Aids programmes over the next three years.
In addition to social services, provinces also budget for housing, provincial roads, agriculture, economic affairs, environment and tourism, and other administrative functions. Spending on non-social services functions, including housing, rises from R31,2 billion in 2003/04 to R33,7 billion 2004/05 which comprises about 18 per cent of total provincial expenditure. It is set to rise to R38,3 billion by 2006/07. Deputy Chair, included in these amounts are funds earmarked for housing delivery and the Expanded Public Works Programme that we referred to in the Budget Speech in February.
Honourable members will be pleased to know that in the First Decade of Democracy, Government spent about R27,6 billion on its housing programme. The Department of Housing has funded over 1,6 million housing opportunities.
Notwithstanding this progress, some challenges still remain, as we also need to create sustainable communities when we build houses.
Members will note that the information available for the local sphere is not as reliable as that for provinces. The implementation of the Municipal Financial Management Act this year should lay the basis for improving the quality of this information over the next three years.
I have already referred to the challenge facing local government in containing its personnel expenditure. It needs to do so to address the substantial backlogs in the provision of drinking water, proper sanitation and electricity for all our people. The 2001 Census reported a backlog of 11 per cent and 41 per cent in water and sanitation respectively and a 34 per cent backlog in domestic electricity. The major backlog for both electricity and water is in the rural areas, where on-grid electricity and piped water is not economical, and hence other types of supply mechanisms are required. This impacts negatively on Government's call for the rollout of free basic services as one of its major policy initiatives.
A major challenge that local government has to meet is to ensure that its finances remain sound as we restructure the distribution of electricity and create the first REDs.
The recently introduced Municipal Infrastructure Grant will greatly assist in reducing backlogs over a ten-year period. In total, R15 billion will be available through the Municipal Infrastructure Grant over this MTEF of which R8,1 billion has been allocated for water and sanitation. It is our hope that municipalities will rise to the challenge of generating jobs when using these funds, in line with the expanded public works programme.
Deputy Chair, I want to end by reiterating the opportunity and challenge this document poses for Parliament. If we are to take our commitment to deliver basic services seriously, every relevant committee in both Houses of Parliament and in the nine provincial legislatures should be interrogating the content of this document. So should every municipal council. I am optimistic that every relevant portfolio and select committee will convene hearings on each relevant chapter, possibly joint hearings involving both committees here at Parliament together with the nine provincial portfolio committees.
Deputy Chair, I submit to this House the 2004 Trends in Intergovernmental Finances.
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The Commission for Africa (CfA) seeks to take advantage of the unique opportunity that will emerge when the UK Government hosts the G8 Summit in 2005 at the same time that as it takes the EU Presidency.
Established by the UK Prime Minister, Tony Blair, in early 2004 - and starting its work in earnests in May, the CfA has a tight mandate. It will produce its report within the next 6 months.
In many ways, the CfA reflects recognition by development partners in the UK and elsewhere of the progress made in Africa by Africans themselves to address economic challenges on the continent.
With the development of NEPAD, the transformation of the OAU to the AU and the commencement of the first peer reviews of the APRM, progress is real and it places pressure on the international partners to live up to their commitments made at Monterrey, Johannesburg, Doha and Kananaskis.
An estimated US$ 389 billion will be needed in Sub-Saharan Africa (excluding South Africa) over the next decade if the region is to meet the Millennium Development Goals (MDGs).
Given the current low level of domestic savings, four out of every 10 dollar will have to come from external sources (private and official flows, from international partners and from partners on the continent).
Three initiatives are presently being advocated: (1) the UK-led International Finance Facility (IFF); (2) the US-led proposal to use IDA resources to increase the provision of grants and debt relief to African countries; and (3) the French-Brazilian initiative on taxation of certain international financial flows.
These initiatives are not new nor are they mutually exclusive. The international community must consider each of them - or a combination - without allowing the differences between them undermining the urgency of finding a suitable, practical and workable solution.
Experiences from the HIPC initiative have underscored the importance of finding a solution that also supports and promotes transparency and fairness in the implementation.
So in short, the CfA must come up with a plan of action whose centerpiece is leveraging resources for Africa's development.
The CfA report will differ from the Brandt report in an important way: It is not going to be a report by donors telling Africa what to do. NEPAD has moved the nexus of decision-making from the BWIs and donor capitals to Africa, and the role of the CfA is therefore to identify concrete actions that can lead to a Big Push for economic development in Africa.
To achieve a Big Push we need fruitful partnerships between private and public investors. The outcome of this Africa Investment Forum is therefore of direct relevance to the work of the CfA. Its emphasis on finding practical and pragmatic solutions to leveraging resources for economic development in Africa is important.
o To integrate and link African economies to growth centers in the continent; and o To attract investments to smaller (non-oil producing) countries in Africa.
Also, the conference could identify concrete actions to stimulate economic opportunities - also for women and marginalized groups - through measures such as infrastructure provision, access to finance and public service delivery.
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I consider it a distinct honour to address this convention. I set much score by the ability of government to engage with partners like yourselves because in recent times no other professionals, to my mind, have succeeded in attracting so much attention to the work they do. On this occasion I do not merely want to share observations; in the interests of transparency, I want you to know that I have come here to enlist your support and your energy for a project of major national significance.
The theme of this convention: the contribution of the accounting profession to sustainable economic growth, is particularly apt if one considers the negative impact of dishonest financial management and reporting on an economy. The loss of savings, jobs, productivity, innovation and future growth are but some of the eventualities when a corporate, or public entity fails as a result of poor financial management or outright dishonesty and fraud.
The role of the accounting profession to sustainable growth has another dimension. In a narrow sense, the accounting and auditing profession provides a critical service to business and government to produce prudent financial statements that reflect reality and to be the informants of the shareholder. This narrow role does not place a prohibition on accountants and auditors playing a similar role for society as a whole. The accounting profession plays an important part in shaping our understanding of how societies grow, develop and prosper. In the South African context, this broader objective is key to defining the true contribution of a profession to the long-term prosperity of a country. Sometimes, what is good for the interests of professional segment is not necessarily good for our economy as a whole.
The question that confronts us is, I suppose, what sort of society do we wish to bequeath.
In basic economic terminology, if demand increases and supply remains muted, the suppliers will benefit and prices will rise. In some respects, this is what has happened to the accounting profession in the past decade. Let me be more specific, this is what has happened to black accountants. Because of a history of inappropriate and poor quality education, the production of black, and in particular black female accountants is far short of what we need. The result has been dramatic increases in the salaries of black accountants and a significant premium for black female accountants. While this is good for the present 'insiders', society as a whole is worse off.
Because of the recovery of the economy over the past decade, the need for skilled labour has outstripped supply. Partly as a result of our employment equity policies, which have sound social objectives, the demand for skilled black people has outstripped supply many times over. The result of this skills imbalance is that the salaries of skilled people in South Africa have risen dramatically over the past decade. At the same time, the salaries of middle level workers have remained flat in real terms. People categorised as highly skilled earned about R9 000 a month in 2002, while people in the category just below them earned just R2 550 a month.
What sort of South Africa do we wish to leave for our children?
Within the black community, we have seen a dramatic rise in inequality with skilled people on average earning over sixteen times more than the average household income for black people. Between 1995 and 2000, the Gini coefficient for the country (a measure of inequality) has been roughly stable. However, for African households, the Gini coefficient has worsened from 0.54 in 1995 to 0.57 in 2001, suggesting that inequality within the African community is rising. If the salaries of one group of people rise faster than the nominal rate of growth in the economy, then the income of another group must decline. Growing inequality in society, in the black community in particular, cannot be good for sustainable growth and development. Amartya Sen won the Nobel Prize for economics because of his work on two fundamental social policy issues. The first of these issues is that countries that spend resources on building human capital have a much more balanced sharing of the fruits of economic success than countries who ignore investing in human capital. The second of his findings is that countries where the gap between rich and poorer is narrow grow more sustainable than countries with high levels of inequality.
It is also obviously correct that huge inequalities in the distribution of national income tends to depress the real wages of workers and the number of jobs that can be created. The top 20 per cent of earners in South Africa earn almost half of all the income in the country, while the bottom 20% of earners earn just 4 per cent of the income. This situation must be turned around and will only be turned around if we increase the production of skills, but at the same time, we moderate the excesses in remuneration of some people.
Unless we bother to engage with these issues now, we shall, presumably, be considered careless about the quality of society we leave to the next generation.
The public sector, and I speak from the experience of the National Treasury, finds it very difficult to attract qualified black CA's to posts that are crucial to effective financial management. The salaries commanded are simply out of the range of what we can afford. This is surely not assisting our economy to grow in a sustainable manner. While high salaries may be good for the insiders, it limits the opportunity for new entrants to break into the labour market. This forms a barrier to entry and further constrains the growth on the sector. The whole issue of education, training and salaries of those who qualify needs to be seriously addressed by the profession.
It is critically important to remember that the emergence of black and female accountants is inextricably linked to access to the profession by young black people, specifically women. Looking at the statistics, at the end of July 2004, less than 20% of qualified CA's were women and black women account for less than 3% of all qualified CA's. These numbers are in fact an embarrassment to this profession.
The most obvious hurdle to increasing the numbers of black people into the profession is the rigour, time and cost of the education process that they must undergo. No one is suggesting for a moment that the standard of education should change, but what can this profession do to help ensure that the numbers of newly qualified black CA's increases year on year?
The first thing would be to ensure that those who are already qualified give something back to the community. This can be in the form of time or financial support to those who are in need of education. Teaching, coaching and mentoring are crucial to ensuring that young people succeed in acquiring the skills and confidence that they need to succeed.
In building a stable and prosperous society, the long-term solution has to be better training and more work opportunities for young people, women in particular. Yes, this is a long-term solution, but in solving the major social divisions we face, we cannot afford to reinforce the huge divides that Apartheid introduced.
The legacy that centuries of colonial and Apartheid education has left is massive underinvestment in human development. To remove this backlog in underinvestment, we have to painstakingly rebuild the culture of learning and teaching, of coaching and mentoring and of investing in our youth. There are no quick fix solutions. You, as educated, accomplished black professionals have, as your biggest responsibility, to invest in the human capital of young people. THIS is your role in promoting sustainable economic growth and it has to be your role if you care about our collective future.
Allow me to cite another perverse consequence of the rapid rise of people with scarce skills in organisations. When people without adequate experience are placed into positions of power and influence simply because they possess the right qualification and are of the right race and gender, then the result is massive financial risk for the companies concerned, and in some cases, for the economy as a whole. This problem has arisen in the public sector where salaries of senior management in some parastatals approached stratospheric proportions, but profitability continued to decline.
A number of issues arise in this example: The first is where inexperienced people who do not possess the competencies required for a job are given jobs with huge salaries. The problem of job-hopping is also evident where people do not build up a body of expertise or experience, but move on to other jobs on the rationale of 'broadening their scope of work'.
We also need to be mindful of the opportunistic role played by headhunters and the impulses they send into the economy. Their objective is often to maximize their commission by unrealistic price fixing, without looking at the costs and benefits to the economy in general and the value added by the employment of these highly net-valued individuals in particular. Similarly, the reliance we place on remuneration consultants tends to drive up prices segmentally since they are tasked by the firm rather than by the economy. Since neither professional grouping is correctly tasked, we should not expect them to produce outcomes that either are durable or economically sustainable. For different outcomes, a new paradigm must be designed.
The salary distortions are growing and unsustainable. Whilst this is not purely a South African phenomenon, we must take special care to stem this tide. According to the USA publication Business Week's annual executive compensation surveys, CEO's of large US companies earned 42 times as much as the average worker in 1980, but earned 419 times as much in 1998. Is this the value system we seek to import?
Similarly, Ann Crotty, writing in Business Report (27 May 2004) quoted a study that found that the average worker in South Africa will need to work for 111 years to earn what an executive earns in one year Is this what we have already imported?
In 2003, Ian Cockerill, CE of Gold Fields received a 63% salary increase, Steve Ross of Edcon 36%, Laurie Dippenaar 25%. This is in the context of inflation of about 6% and a decline in corporate profits in most sectors of the economy. Salaries in the financial services sector lead the pack. Is this sustainable Is this conducive to long-term growth in our economy?
With salaries of senior people rising this rapidly, where is the link with performance Will ABASA, as a professional body, agree to advocate salaries for accountants in relation to the performance of the individual?
I ask these difficult questions, not because I like to stir trouble. Nor do I raise these thorny issues to embarrass or accuse my distinguished hosts. I ask these questions, partly because you have asked me to comment on your role in promoting sustainable growth. It is my assertion that former President Mandela's call at the Steve Biko memorial lecture that this wanton drive to get rich quickly must come to an end if we are to have sustainable economic growth.
On the topic of values, a former President of the USA, F D Roosevelt argued as long ago as 1937, "the pace of our progress is not whether we add more to the abundance of those who have much, it is whether we provide enough to those who have too little".
In building a post-Apartheid South Africa, we have set ourselves two objectives: to get rid of the racial inequities that were imposed on our people, and to reduce the massive amounts of poverty in our country. Only when we are making progress in both of these fronts, can we say we are defeating Apartheid. In many areas of society, we are not making progress on the second objective of reducing poverty and inequality.
It is imperative that we share the view that salaries and inequality reflect the values of society and not the laws of nature. It is therefore perfectly within our grasp to initiate a process that will recast the outcomes.
As a well-respected professional body representing the cream of the crop of black professionals, you have a leadership role to play in ensuring that we are producing more black and female accountants, that the gap between rich and poor does not increase further, that we make a meaningful impact on poverty. I call on you to lead a national enquiry that will enlist the support of other professional and business organisations, on how we turn around the shortage of skilled black people in the second decade of democracy and on how we begin to reduce the level of inequity between the haves and the have nots. The task of empowering young black people, the generation of tomorrow, to take their rightful place in the halls of our finance houses is what real empowerment is about. Whilst securing our collective future, is what democracy demands of us. These two tasks are closely interlinked.
Ladies and gentlemen, these are big issues, and I don't mean to throw you into the deep-end. I raise these issues precisely because I know that your organisation has the maturity and wisdom to address the issues of sustainable economic growth in a meaningful way. You have a tremendous contribution to make to build a united, non-racial and prosperous society and I am confident that you will rise to the challenges that confront you today. My dear friends, there is work to be done!
In conclusion I would like to congratulate Ms Futhi Mtoba, the outgoing President of ABASA, for being awarded the Business Women of the Year 2004. I am told that Futhi has not only contributed tirelessly to the work of ABASA, but has also been recently appointed the new Chairperson of Deloittes. I wish her well in her new endeavour.
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It is an honour and a privilege to be able to address senior managers in the public sector. You, as senior managers, have the privilege of being part of an historic process of implementing the programme of action of a democratically elected government. You have the opportunity to be part of a campaign to improve the quality of lives of our people, of putting into practice one of the most wide-ranging and comprehensive programmes anywhere in the world to fight poverty and create work, you are an essential part of the machinery tasked with delivering a better life for all South Africans.
In the history of a nation, very few people get to be part of the process of defining the development path of the country at its birth. I cannot think of a more exciting time to be a civil servant, to be a senior manager in a public service making a meaningful impact on the lives of our people.
But, ladies and gentlemen, this privilege comes with huge responsibility, huge expectations. You carry the hopes and dreams of a nation. You stand at the coalface of a struggle that is immense, challenging and fraught with difficulties. For this reason, the responsibility you bear goes far beyond what senior civil servants in most countries have to contend with. Your job is not an easy one. The people of South Africa expect nothing but the best performance from their civil servants, they expect you to deliver on the promises and policies we politicians make, the policies that they have voted for in their millions. I'm sure, for all of you; this challenge is a daunting one.
I've been asked to reflect on the challenges faced in budgeting in a developmental state. What is a developmental state Do we all share one understanding of what a developmental state is Do we all have one view of the developmental mandate of this government Are we galvanized by a single vision for our country And, if we have that single vision, it it underpinned by a common set of values?
The idea of the Developmental State is most closely associated with Chalmers Johnson and his seminal analysis of Japan's very rapid, highly successful postwar reconstruction and reindustrialization. Johnson's central contention was that Japan's quite remarkable and historically unparalleled industrial renaissance was neither a fluke nor inevitable, but a consequence of the efforts of a Developmental State. A developmental state was one that was determined to influence the direction and pace of economic development by directly intervening in the development process, rather than relying on the uncoordinated influence of market forces to allocate resources. The developmental state took it upon itself the task of establishing substantive social and economic goals with which to guide the process of development and social mobilization. The most important of these goals, in Japan's case, of course was the reconstruction of its industrial capacity, a process made easier by widespread consensus about the importance of industrial development.
However, in the later half of the 20th century, the concept of the developmental state has evolved. Patrick Heller, director of Brown's Development Studies Programme, defines the developmental state as one that has been able to manage the delicate balance between growth and social development.
Amartya Sen, in his book 'Development as Freedom' says, "Development can be seen as a process of expanding the real freedoms that people enjoy". He goes on to say that "Development requires the removal of major sources of unfreedom: poverty as well as tyranny, poor economic opportunities as well as social deprivation, neglect of public facilities as well as intolerance or overactivity of repressive states".
In defining our concept of a developmental state, Sen's concept of removing poverty and tyranny is key, expanding economic opportunities and fighting social deprivation is critical and providing public facilities and services to the poor is paramount. Fundamentally, in a developmental state, civil servants are servants of the people, champions of the poor and down-trodden. To the senior manager in the OUR public service, poverty and social deprivation are the enemy, the forces of reaction and elitism are the nemesis.
Before I talk on the challenges of budgeting (or of being the Finance Minister) in a developmental state, let me spend a few minutes on the challenges of being a senior civil servant in a developmental state. In most developing countries, the senior civil service becomes a self-serving elite, interested only in their own welfare, their own empowerment and their own bank balances. Because of the huge income inequality in many developing countries, senior civil servants become part of the elite. They are well educated, have access to economic opportunities, receive a remuneration many times greater than the average income in the country and become an obstacle to change in society. Let me state unequivocally that public service is a calling and a responsibility- it is a choice exercised. We choose to serve and accept that we will be comfortable or, we enter the private sector in pursuit of wealth - we cannot do both!
In a developmental state, the civil servant is professional, skilled, adequately rewarded but humble. Humility towards the poor is the greatest attribute of a civil servant. A leader who best espoused these values in civil servants is also one of our continents most accomplished civil servants. Julius Nyerere, the former President of Tanzania, better know as Mwalimu, or 'teacher' to those not familiar with Swahili, embodied the values and character of a humble civil servant, always striving to serve the poor, always trying the change the conditions of those excluded from the economic opportunities of the elite. In fact Minister Fraser-Moleketi, we should introduce an award for the senior manager who best embodies the spirit of a developmental state, and it should be called the Julius Nyerere award.
If the task of a developmental state is to fight poverty and expand economic opportunities for the poor, then the budget of a developmental state must reflect this in every respect. In my 2004 Budget speech, I quoted Joseph Schumpeter who said that the "public finances are one of the best starting points for an investigation of society. The spirit of a people, its cultural level, its social structure, the deeds its policy may prepare - all this and more, is written in its fiscal history". The budget must tell a story of the values a society eschews.
The two main thrusts of the budget of a developmental state must be how much the state spends fighting poverty and deprivation and how much of the country's resources go towards expanding the economic opportunities of the all its citizens. The budget of a developmental state must balance these two main pillars. If one dominates, then the outcome is likely to be a reinforcement of poverty in the long term. The budget must be about balance.
In the direct assault on poverty, our budget shows one of the most extensive non-contributory social security systems in the developing world. We spend almost R60 billion or about a fifth of our budget on direct transfers to households. These transfers include old age, disability and child grants, unemployment insurance payments, payments to victims of road accidents and occupational injuries. In total, almost 9 million people, almost all of who are poor, receive direct transfers from Government. If we add to this amount, the indirect transfers to households such as free basic water and electricity, bus and train subsidies, health care, education and housing subsidies, water systems and land transfers, we are now talking about almost 70 per cent of our budget. Except for education and health, the beneficiaries of all the other items I've listed are poor households. While not all education and health spending goes to the poor, pro-poor funding policies in these two areas means that we have one of the most pro-poor budgets in the world.
What areas of spending expand economic opportunities for the poor Here, our biggest investment is the education system. The main way in which people improve their living standards is through improving their education, getting a job and investing in assets such as housing and furniture. In South Africa, getting a good education is the difference between a life of comfort and a life of struggle. Highly skilled people in South Africa earned an average of R8 906 a month in 2002. Skilled people earned R2 554 a month and unskilled people earned just R967 a month. People with a tertiary degree earned an average of R12 692 a month, those with matric R4 504 while those without matric R1 373 a month. The rates of return to education for a society are massive?
Improving the health profile of a nation is a major contribution to their ability to get an education, earn an income and invest in assets for their children. A poor health profile means that people spend time and money on curative means as opposed to working or investing in assets.
For many, economic opportunities are limited because they live in dormitory townships with few work opportunities, or worse still, in former homeland areas where enterprises are either small or non-existent. Access to business areas and more specifically work opportunities are a major 'unfreedom' as Sen would put it. Providing public transport that is safe and affordable to poor communities is a key ingredient in expanding economic opportunities. Similarly, our road network, electricity grid, water systems, telecommunications network, even radio and news networks, are all elements of a system to broaden economic opportunities.
The criminal justice system plays a role in protecting the property rights of all citizens, but has the even more important role of protecting the poor and vulnerable from criminal elements in our midst. Protecting the assets of everyone is important, but for the people with very little, protecting their assets, their hardearned investments in modest household possessions is fundamental to ensuring the well-being of the poor.
Now that I have outlined how almost every element in our budget is designed either to raise the living standards of the poor directly, or indirectly through the provision of services, or is designed to expand economic opportunities for the poor, let me go one level deeper.
Let me start with education. While we have achieved much in improving access to education for all children, even the poorest, and we have dramatically altered the spending pattern in favour of poor children, we must admit that one rand spent educating a child in the leafy Johannesburg suburbs does not buy the same amount of quality education as one rand spent in Alexandra or Mitchells Plain. To put it bluntly, the quality of education, and therefore the economic opportunities that that education buys in the suburbs is far greater than in the townships or in the former homelands. Why is this?
While poor and rich kids do not start school with same level of education; we, as senior civil servants and political principals, must admit that the quality of teaching and learning materials in suburban schools is vastly better than in township schools. While a significant proportion of human capital is transferred from parents, and the physical condition of schools is a factor in determining outcomes, the quality of teaching is probably the single biggest contributing factor towards quality education. The management of our schools, our school districts, the management of procurement for textbooks and learning materials, the management of teacher appointments, of disciplinary hearings all fall under the ambit of the public service management echelon. And in many aspects of management, we are failing the poor.
Sometimes conflicting there is evidence of conflicting policy options - in these cases, the poor almost always lose out. From discussion with a Premier recently, I learnt that that Province now realizes that whilst there are only 3 publishers producing learner support materials, they had opted for a BEE strategy which, on reflection buys 20% fewer books for learners. They have now opted to focus on maximizing the quantity of books that they can purchase. There will be a cry. The Province is taking a decision which, in my view, favours the poor.
Similar stories can be told in health care, refuse removal, policing, court prosecutions or traffic enforcement. In many areas of public service delivery, the quality of services received by the poor are not good enough relative to the money we spend. This, in most instances, is a management failure. It is a failure of our management systems and of our managers. It is our collective failure. Ladies and gentlemen, if we are to translate the noble ideals of our developmental state, the human factor, our management of our human and other resources must improve.
You see, the challenges of budgeting in a developmental state do not stop at the need to get money to the school in Cofimvaba. The challenge is to ensure that the money is translated into qualified teachers, school books, water, electricity and sports equipment. The challenge even goes further. It is to ensure that education that is relevant and of a high quality gets to the children in the school in Cofimvaba. This is indeed a tough challenge.
In investing in expanding economic opportunities, we also have to be mindful that we must invest both in the long-term ability of societies to work, proper and invest and more immediate means of raising economic growth and employment. Often, investments in education and skills development take generations to yield an impact. We also have to focus on the shorter-term measures to boost growth.
This requires careful regulation of markets, investment in roads, ports and rail systems, research and development and expanding energy capacity. One of the criticisms of our present budget framework is that we have not focused sufficiently on ensuring that our state enterprises are efficient, that our markets are functioning without being burdened by red tape, that we have the ports to take the goods we make, roads that link the places of production with markets.
In yielding to Patrick Heller's call to manage the delicate balance between growth and social development, my worry is that at the present time, we are strong on social development, strong on long-term human development, but weak on investing in economic growth in the medium term.
One of the key strategic decisions we need to take in budgeting over the next few years will be to improve the balance in our present budget structure, moving resources towards investing in economic growth and fostering the type of growth that can increase employment. It is not about either / or. The challenge of budgeting is not about all on social grants or all on road building, it is not about just spending on education versus spending all our money on fixing the ports. It is about managing this delicate balance.
To conclude ladies and gentlemen, you as senior civil servants have a critical role to play in translating financial resources into real inputs. You have the task of ensuring that these real inputs lead to better quality education, an improved health profile and in the final instance, genuine empowerment of people to lift themselves out of poverty.
Please remember that your enemy is poverty and deprivation, that your key weapon is your skill and professionalism and that your modus operandi is your humility. You are, with us, custodians of a value system that defines our objective as demonstrating every single day that we are a caring democracy.
<fn>GOV-ZA.2004092301En.2012-02-10.en.txt</fn>
I have just returned from a series of meetings in London.
I tell you this not so that you feel sorry for me for having to travel so much or to such dreary places, but to let you know how the entire world continues to watch our progress, marvelling at how far we have come as a nation in ten short years of democracy.
The international community has come to recognise the strength of our nation and there is optimism about the ability of our young people to forge a new future for South Africa, building shared wealth and prosperity.
It is to the people in this room that we turn to fulfil this promise.
We all have a role to play.
As government, we can facilitate, nurture, guide, even cajole.
But, above all, we can provide a platform of predictable policy.
In parlance that you are more familiar with - these are necessary conditions for sustainable growth and development.
But, not sufficient conditions.
For this, we look to you.
What will set us apart from the rest?
What can we do to ensure ongoing wealth creation in South Africa?
I implore you to devour every last vestige of knowledge that is offered, both here and in everyday life.
I encourage you to analyse and to question, not to be swayed this way and that by fickle headlines and banners. But to develop a deeper understanding of our economy, our nation, your future business.
When I was invited to talk to you, I was asked to talk about economic growth prospects in a strong rand environment.
Indeed the large fluctuations of the rand over the past three years or so make this a very sensible question for future business leaders to be asking.
It is also very topical, especially as we begin to see results reported in the newspapers of economic performance over the course of 2003.
'Mines groan, banks smile as rand gains ground.'
'KWV defends market share as strong rand tears into earnings.'
'Relyant Retail's earnings a share rocket by 140%.'
'Quarterly retail sales rocket 8,9%.'
'Can a weaker rand be reconciled with economic growth aims' Business day 0?
'Rands odyssey key to fending off inflation.'
So, what is one to make of all the hurly burly?
What is the right price for the rand?
Is this a 'fair value?
Why does it move so much?
Should government not intervene If so, how Or, more aptly, in whose interest?
The currency is merely a price, broadly, reflecting the value of our goods and services in international markets.
But, as South Africans, we have an intense interest in this single price in the economy.
In fact, every half hour, you can turn on any radio station and be updated on the value of the currency.
34,4 per cent, the bulk of which occurred in the second half of the year. Against the US dollar, the rand depreciated by 37,4 per cent.
Since the end of 2001, as you will know, the exchange rate of the rand appreciated by almost 50 per cent on a trade-weighted basis. And almost 85 per cent against the US dollar over the same period.
But, South Africa has not been alone in experiencing large shifts in the value of its currency!
Over the same period against the US dollar...
the Aussie dollar appreciated 36,9 per cent the British pound appreciated by 22,8 per cent the Euro appreciated by 36,6 per cent So what is the fair value of the currency My staff at the National Treasury recently shared with me a review of what the private sector economists think the fair value of the rand should be. These 'estimates' ranged from R6.30 per USD to a high of over R8.00 per USD. A 27% range from highly-trained individuals, using deeply intellectual theory and sophisticated statistical models?
Still, please no pity for the policymaker.
Some very clever people have tried to dig deeper still and understand the equilibrium value of the currency.
One can identify a range of factors that could determine the equilibrium value, or the value that will maintain macroeconomic balance.
A very interesting paper by Ronald McDonald and Luca Ricci of the IMF sought to apply econometric techniques to identify the factors that determine the real equilibrium value of the rand.
The difference in interest rates in South Africa versus those in other countries.
The difference in economic growth rates between us and other countries.
Changes in commodity prices.
The value of net foreign assets.
Over the short term, the rand will deviate from this equilibrium as the value is driven by market information, rumours and speculation.
Poor information flows in these highly liquid and flexible markets may lead to the rand overshooting or undershooting the equilibrium value.
So, the fair price is that one that just traded. Yes, the one you just heard on the news, the one just agreed to between a willing buyer and a willing seller.
With over R10 billion traded every day, South Africa remains a price taker, unable to alter the value of the currency for long, without causing other economic difficulties.
It is clear, as the range of news articles I referred to earlier indicate, that the movements in the currency over the past two years have created shifts in economic resources across the economy.
Certainly, the strong rand creates both winners and losers, not all of whom have equal voice in the public discourse.
Over the course of 2003, the data shows that the manufacturing, agriculture and tourism sectors were to varying degrees adversely affected by the rapid appreciation of the currency, as was the mining sector, though rising commodity prices ameliorated the impact of this.
Clearly, as input costs are, to put it mildly, less flexible than the currency, margins were tightened for manufacturers and miners.
The flip side is in the retail sector, where the costs of key inputs fell and margins widened.
And, of course the banks did well, as South Africans felt wealthier when the international value of their assets rose.
Then there are the obvious benefits to every South African, from the overpaid chief executive to the underpaid worker, to the unemployed job seeker desperately eking out a living.
I am obviously referring to the positive effect on inflation from the stronger currency, especially in this time of severe dislocation of international oil prices.
I mentioned earlier what Government can and cannot do for you as you think about your future business career.
We cannot guarantee you a profit.
Only hard work will bring that.
We cannot guarantee you an easy ride.
No one can.
We can guarantee you policy consistency and certainty.
We are already beginning to see the benefits of 10 years of policy consistency.
Our businesses are more resilient, recovering much more quickly, seeking new opportunity in the face of adversity.
As we are digesting what happened in 2003, we are beginning to see the manufacturing sector recover a new momentum, recording quarterly growth of 4,6 per cent and 5,3 per cent over the first two quarters of this year.
This was driven by the strength of domestic demand and a renewed energy to find international opportunities in less traditional markets and sectors.
The strength of this optimism is clearly reflected in the ongoing commitment to investing in manufacturing and mining, taking advantage of the rand's strength to install capacity for future growth and development.
In sum, there is reason to be optimistic about the near-term prospects for the economy.
Against this backdrop, it is important for Government to take a long-term view of the rand and not be swayed from current policy by the short-term movements in the currency.
Monetary policy in South Africa remains firmly anchored in the inflation-targeting framework to guide the Reserve bank to meet its constitutional objective of preserving the value of the currency, in the interests of balanced and sustainable growth.
The framework has already delivered precious gains in terms of focusing pricing decisions, and aiding the SARB to deepen its policy credibility.
The Governor assures us that in the deliberations of the monetary policy committee, the exchange rate gets its rightful attention amongst the host of factors that influence its interest rate decisions over the business cycle.
The recent stability in the exchange rate, supported by the SARB's increasing reserves and underpinned by the stability of the inflation targeting framework, will also help to lower the risk of doing business in South Africa.
As an economy, we cannot rely on increasing competitiveness on the basis of a depreciating rand.
Competitiveness should not be driven by the nominal exchange rate, but rather through real efficiency gains.
These real efficiency gains will come through a renewed commitment to revitalise our economic infrastructure, making it easy for you to conduct your businesses.
It comes through the intellectual power, innovation and creativity of the individuals sitting in this room who will be able to ensure that in the decade ahead we will transcend to a higher growth plane.
It is my hope that every one of you sitting here today, will take this lesson to heart and when you are at the helm of business in years to come, make the decisions based on the fundamentals of economics and with the best interest of the whole of South Africa in mind.
<fn>GOV-ZA.2004092701En.2012-02-10.en.txt</fn>
I must admit that I dislike clichés, but today we truly "usher in a new era" in South Africa's financial services industry, and it is my pleasure to be a part of this opening ceremony. My sincere thanks go to Charles Pillai, South Africa's first FAIS Ombud, for the cordial invitation extended to me.
Though the FAIS Act, and therefore the ombud's office, only comes into full operation on 1 October 2004, Charles has spent the last year or so working extremely hard in laying the institutional foundation for the efficient operation of his office. He has told me that he is keenly anticipating his first case, and heaven help the person in the wrong!
For decades in South Africa, the financial services consumer did not have an easily accessible and cost effective way of seeking redress against a financial institution or service provider. The ordinary consumer does not have the financial means, nor the time and knowledge, to effectively access the court system. Clearly a gap exists for a more expeditious and cost-effective way of resolving consumer complaints.
I am sure many of you before me today will have anecdotes of how your uncle or grandmother was duped by an insurance salesman, sold an inappropriate product, or given inadequate advice. The FAIS Act aims to put a stop to this sort of behaviour by intermediaries and other industry players. It requires them to be licensed in order to operate lawfully. It also requires them to carefully consider which product is suitable for their client. In short, unscrupulous practices are stopped dead in their tracks.
Financial service providers must therefore act in a far more responsible and professional manner, giving careful consideration to the advice they give to their clients. The Act is quite specific on exactly what constitutes a complaint, and what will be considered as advice. At the risk of sounding like a lawyer, let me highlight that the definition of advice includes "any recommendation, guidance or proposal of a financial nature furnished to any client or group of clients."
Allow me to briefly update you on the progress made in the licensing of applicants in terms of FAIS. To date, the FSB has received applications from approximately 11 700 advisors and intermediaries, of which 2 500 have already been issued with a license. The FSB informs me that they are experiencing a flood of last minute applications.
submission of applications to be licensed. We have, however, published an exemption notice, which permits people who have made their application by 30 September 2004, to continue to operate lawfully until they receive their actual licence from the FSB.
Thousands of applications are in the final stages of processing, and the FSB expects that all successful applicants will be issued licenses by the end of November this year.
Returning to the main theme for this evening, I would like to highlight that protection under FAIS will not only be within the grasp of the financially sophisticated or well-to-do. Everyone will be afforded the same safeguards, regardless of income level or degree of financial acumen. FAIS protects all consumers through the establishment of an ombud office that will offer costeffective, accessible and expeditious service.
One might argue that there are already financial service ombud offices in South Africa, some operational for almost 20 years. So, one may ask, why create another ombud in the financial services industry?
Firstly, differences between the FAIS Ombud and the voluntary schemes should be highlighted. It must be recognised that the voluntary scheme ombuds - like voluntary membership, are industry-established and industry-funded schemes. Furthermore, in terms of their rules, they may not have jurisdiction over complaints concerning intermediaries.
Though these ombuds have performed admirably over the years, there remains a gap in the system. It is my belief that the FAIS Ombud will more than adequately remedy this deficiency. The jurisdiction of the FAIS Ombud will extend across the entire spectrum of financial service providers, including product suppliers, independent intermediaries and corporate brokers. Let the message be clear: membership is not optional!
Secondly, the independence of the FAIS Ombud cannot be questioned. The FAIS Ombud is independently appointed and is not funded by industry.
Both industry and consumer can therefore rest assured that the Ombud will be impartial in determining the complaints before him. In the unlikely event that the parties feel aggrieved by the ruling of the Ombud, provision has been made in the Act for an appeal mechanism. This appeal will be heard by the Board of Appeal established under section 26 of the Financial Services Board Act.
It is evident therefore that the regulatory environment surrounding the FAIS Ombud's office has been carefully designed to encapsulate a high standard of developments in other countries, such as Canada and the United Kingdom, which have operated financial service ombud arrangements with great success. Their experiences have informed our thoughts on how best to structure the FAIS Ombud's office.
The Ombud's office is subject to oversight by both the FSB and the Ministry of Finance. The office is obliged to submit to us an annual report, including financial statements. These financial statements, and the accounting records of the ombud's office, are also subject to audit by the Auditor-General.
Sceptics may shout from the side-lines that FAIS Ombud will be overwhelmed with complaints, or that the system will never work. This is an uninformed point of view. As I mentioned earlier, a great deal of work has gone into setting up the Ombud's office, prior to the opening of its doors for business. Yes, we are stepping into uncharted territory - but it is a necessary journey for us to embark on if we are truly serious about protecting consumers.
Part of what will make this a successful journey is a recognition of the importance of consumer education. For FAIS to truly be a success, the consumer must be made aware of the complaint resolution channels available to him or her. Therefore educating the public with regard to the existence and purpose of the FAIS Ombud is critical.
Informing the public is the duty not only of the Ombud's office itself, but also that of financial institutions and intermediaries in their interactions with clients. Additionally, under section 32 of the FAIS Act, the registrar should facilitate such consumer education in co-ordination with the FAIS Ombud.
Earlier this year, the FSB launched a financial services consumer education campaign. The FSB has stepped-up the mobilisation of resources directed towards making the consumer better educated about the appropriateness of various financial products and services on offer, with the aim of helping consumers make the most informed decisions possible. Consumer education cannot, however, be left up to the regulator alone. It has explicitly been made the shared responsibility of both the regulators and industry.
Ladies and Gentlemen, the era of FAIS has dawned, and there can be no turning back to the consumer-unfriendly past. Consumers demand our protection, and legitimate industry players demand a level playing field. We must banish the dark ages of non-disclosure, unreadable fine print, and mis-selling. An era in which the consumer is treated equitably is the only truly sustainable future for all players in the industry.
Ladies and Gentlemen, thank you for being part of this special occasion. extend my best wishes to Charles Pillai. I will follow your Office's progress with keen interest!
<fn>GOV-ZA.2004093001En.2012-02-10.en.txt</fn>
The National Treasury is pleased to announce that the RSA Government Retail Bond, which was launched in May this year, will be paying interest for the first time today, 30 September 2004.
The total payment amounts to R11, 682 million in interest. Half of this at R5, 8 million will be recapitalised in line with the choice of the investors. The interest paid is a pro rata share of the first six-months of interest payable, as Retail Bonds were first introduced on 24 May 2004. Interest is payable every six months. The total number of investors who will receive interest today is 8872.
All payments will be made electronically into the investors' bank accounts.
Considering that the RSA Retail Bond is at an infancy stage as an alternative investment opportunity, the instrument has definitely proved a popular and a viable investment opportunity.
Retail Bonds are indeed a "Smart Way To Save".
<fn>GOV-ZA.2004100101En.2012-02-10.en.txt</fn>
In terms of paragraph 5 of the Terms and Conditions of the RSA Retail Bonds, the National Treasury through the ALM Division should determine the rate of interest applicable for the 2-year, 3-year and 5-year RSA Retail Bonds at the end of every month.
The Terms and Conditions further specify that in the event that yields on government bonds move by more than 50 basis points from the initial period of setting the interest rates (31 August 2004), to the end of the current period (30 September 2004), the rates of interest on RSA Retail Bonds should be changed accordingly.
From 1 September 2004 to 30 September 2004, yields on Government bonds have moved by an average of 47 basis points between 2-year and 5-year maturities.
2-year retail bond = 8.
3-year retail bond = 8.
5-year retail bond = 9.
These rates therefore remain unchanged since the last announcement.
<fn>GOV-ZA.2004101401En.2012-02-10.en.txt</fn>
The National Treasury would like to announce the launching of the Urban Renewal Tax Incentive to stimulate investment in our urban areas. This incentive is an accelerated depreciation allowance to promote and stimulate development within the inner cities of sixteen large cities in South Africa. It was first announced in the 2003 Budget, and formally legislated in December last year.
The Urban Renewal Tax Incentive encourages the refurbishment and construction of both commercial and residential buildings in designated decaying inner city areas within selected municipalities. It is hoped that such investment within these inner city areas will return them to their former glories as vibrant city centres attracting more and more people to live, work and be entertained in these areas. It will also result in broader growth enhancing effects, especially, on job creation.
The incentive offers a great opportunity to investors, both companies and individuals, to participate in the urban renewal and development of the inner cities. The Urban Renewal Tax Incentive that will take effect today, 14 October 2004 in the Urban Development Zones (UDZs) of Johannesburg and Cape Town, as formally gazetted in Government Gazette No. 26866. The application for eThekwini is at an advanced stage and is expected to be gazetted by November. The National Treasury has also received applications from Tshwane (Pretoria), Emfuleni (Vaal Triangle) and Sol Plaatje (Kimberley).
This incentive supports other initiatives, such as policies to write-off existing bad debt from particular buildings in the inner city in order to allow for these buildings to be sold, restored and refurbished. The incentive will also support the objectives of the Department of Housing's Comprehensive plan for the development of sustainable human settlements by encouraging private investment in affordable rental housing in the inner city. Furthermore, it provides a possible catalyst for public-private partnerships in mixed-used developments that provide social facilities that are integrated into new commercial and residential developments.
The incentive translates into considerable financial benefits for investors, especially for refurbishing existing buildings. For redevelopment projects, there is a 20% tax deduction in the first year, plus an annual depreciation of 20% over four years.
The Johannesburg UDZ includes the central business district, and also Newtown and Braamfontein, as well as the high-density and high-rise residential areas of Hillbrow, and Berea. Other lower-density residential areas surrounding the general Ellis Park area such as Bertrams Judith's Paarl, Doornfontein, and Troyeville, as well as Bellevue; Bellevue East and Yeoville form part of the approved UDZ. The manufacturing and industrial strip to the north of the M2 E/W from Benrose in the east to City West in the west is also included.
Cape Town has two urban development zones, capturing part of the Cape Town CBD and the Bellville CBD. Most of the historic Cape Town CBD is included and properties adjacent to the Main Road and Klipfontein Road Corridors are included. This includes portions of the suburbs of Salt River, Woodstock, Observatoy, Maitland, Mowbray, Athlone and Gatesville.
The second Cape Town UDZ includes the older part of the Bellville CBD, focussing on land adjacent to the Voortrekker Road Corridor and around Bellville Station. Some properties along Modderdam Road and Kasselsvlei Road are also included. Both municipalities have proved that they meet the criteria as set out in the legislation.
The gazette provides details on the boundaries of the urban development zones. Potential investors are invited to our website www.treasury.gov.za under the local government icon to view the gazette, as well as a guide for investors on how the incentive works. The website also has links to the websites of the municipalities of Johannesburg and Cape Town, which display their own specific guides to the processes within each municipality.
<fn>GOV-ZA.2004102101En.2012-02-10.en.txt</fn>
Good evening ladies and gentlemen, It is my pleasure to be with you this evening and to support such a worthy initiative. It is never easy to come to such glamorous surroundings, be surrounded by such enthusiastic company, and to talk about depressing things such as debt!
I would rather we talk about the debt we owe Danny Jordaan for securing the 2010 Fifa World Cup.
Or the debt we owe Professor Wangari Maathai for showing us that a simple idea can plant a seed, building democracy and sustainable development.
That our children and our grandchildren can bask in the glory of African sunsets. That Africa can lead the way in finding solutions to modern challenges.
Tonight we recognise and pay tribute to the hard work that the people at You and your Money are doing to slacken the noose of debt that is choking too many South African families. Like all things in South Africa, talking about debt and sustainable development is not black and white.
In the aggregate, the debt levels in South Africa are not a cause of great alarm. At a macroeconomic level, household debt is a reasonable 55 per cent of disposable income. This is up from just over 50 per cent at the end of 2002.
However, it has come down from the peak of over 61 per cent at the end of 1997. When prime interest rates were increased to over tremendous.
Even more encouraging is the fact that overdue loans as a percentage of total loans in the banking system have fallen from around 5 per cent in 2002 to 3 per cent currently.
Debt in and of itself is not a bad thing. It allows us to fund our ideas for the future. To leverage today's productivity. And to borrow from tomorrow's energy. Credit provides the essential fuel to smooth the dynamics of the economy. That said, this fuel can be explosive if not handled carefully.
All of us are well aware of the grim trauma that over indebtedness exacts on a family.
All of us have seen the hollow stare in the eyes of a family as the insidious shadows of the omashonisa loom.
We have seen too, the agonising anguish of a father left with R70 to support his family after the sharks wreak havoc with his financial stability. But, we do know that there is brightness on the horizon.
Things are improving. Both the aggregate numbers and the household information shows it - households are generally managing their debt levels and general finances in a much more prudent way.
As always, more can and must be done.
I have stressed before and I stress again. Meeting South Africa's developmental challenges requires strong partnerships between government, business and civil society.
Government can provide a regulatory framework to guide behaviour. But government is not ubiquitous. We cannot educate every household. We cannot oversee every loan granted or taken.
Business and civil society must play an equal role in this chain to secure the financial foundation of our society.
The Micro Finance Regulatory Council's 'reckless lending investigations' reveal that retail debt and micro loans are the two biggest categories of reckless lending, accounting for 38 per cent and 36 per cent, respectively.
The MFRC inspections also found that some lenders will advance loans when the borrower's debt commitments already exceed the borrower's income. This simply cannot continue. Certainly, a part of this is pure greed and unethical behaviour on the part of some.
But, I cannot believe that it applies to all lenders in the South African economy. It is simply in no one's interest to place households in this kind of financial and ultimately emotional stress!
So, the sharks exist, but we would like to think that such predatory behaviour is both in the minority and on the decline.
However, even responsible businesses need to do more to ensure that their customers are not getting themselves into unsustainable positions.
Let me pause and reflect on what government can do?
The way we manage our finances reflects both directly and indirectly on the behaviour of our citizens. At the time of taking office in 1994, all the talk was of South Africa being in a debt-trap. Well, as a nation, we have managed to turn that around by both raising our contribution to the stability of our revenue streams and managing our expenditure in a prudent manner.
Our annual deficit has come down from over 7 per cent in the early 1990s to around 3 per cent today.
Government's approach in handling the financial sector charter process has been to emphasise 'access'. Not access to credit, as some thought; and others feared.
Every South African has a bank account. The launch of the u-Mzansi account marks a significant milestone in this process.
Financial institutions understand risk in Gugulethu as well as they understand the risk dynamics in Bishops Court.
Consumer financial literacy reaches levels that proscribe reckless lending. We are encouraged as government at the fervour with which the industry, in partnership with key roleplayers, has embraced this challenge.
In maintaining a sound regulatory framework, industry is encouraged to engage on the draft Consumer Credit Bill, which, as you know will put in place a broad range of protections for consumers.
We are confident that this additional piece in the regulatory puzzle can further promote sound governance of lending practices.
Legislation alone and all the best intention in the world is never enough.
That people have someone to turn to when clouds of over indebtedness burst.
That employers support education and awareness programmes to raise the financial literacy of their employees.
That we monitor the effectiveness of our regulatory framework - the ethically-challenged will find ways around it and we all need to keep a constant vigil.
In conclusion, I wish to thank you for giving me the opportunity to share this evening with you. Your spirit and passion seems to know few bounds. The more we are able to tap into this energy, the faster our developmental challenges will go.
In partnership, we can ensure that no poor family ever suffers the indignity and entrapment of over indebtedness.
I thank you...
<fn>GOV-ZA.2004102901En.2012-02-10.en.txt</fn>
Good morning distinguished guests, ladies, gentlemen, and fellow trustees.
I would like to dedicate this conference to the spirit of Philemon Mashegoane - a self-employed ice cream vendor who voiced the objections of ordinary shareholders to the resolutions proposed by the board of directors of Johnnic at Wednesday's annual general meeting.
Mr Mashegoane embodies a spirit of shareholder activism that is sadly lacking in South Africa. He has demonstrated the spirit of ordinary citizens who are prepared to stand up for their rights in the face of those with far greater power.
He has demonstrated the spirit of those who are willing to ask simple questions in response to a barrage of complex information and sophisticated financespeak.
This is the spirit which I would like to see guide this conference over the next two days. Because, in spite of how the issues of retirement funding are often blurred by the jargon of actuaries and money managers, the underlying principles are in fact very simple.
If we go back to first principles, wealth accumulation for people in their retirement and successive generations can only occur through savings. There may be the occasional windfall - my colleague, the Registrar of Pension Funds, may perchance win the Lotto tomorrow - but this is clearly the exception. Generally, wealth has to be slowly and conscientiously accumulated.
Thus, achieving the goal of financial security for all our people requires appropriate savings vehicles. This simple fact underscores the critical nature of retirement funding - and the heavy responsibility that trustees must bear.
Traditionally, provision for retirement has been a shared responsibility of the employer and the employee. This has changed in recent years, in that employers have stepped back from the role of providing a defined benefit on retirement based on earnings and have left the provision of adequate retirement savings to the devices of others. The shift from defined benefit funds to defined contribution funds has been a worldwide trend. In the former, the employer carries most of the risk, while in the latter the risk is largely shifted to the worker.
It is in this context that trustee accountability to the interests of beneficiaries becomes paramount. This is a doubly difficult task because, just like Philemon Mashegoane, elected trustees are asked to be the figurative David pitted against the Goliath of wealth, power and knowledge that fund managers represent. They talk in a language that is hard to interpret; they dazzle the mind with impressive spreadsheets and presentations; the unscrupulous among them can lure workers from the path of steadfast saving with promises of get-rich-quick schemes and opportunities of luxury.
At the same time, these professionals are among the most highly paid in the country. Yet, they put none of their own capital at risk. Rather, other people's money is put at risk, often with a seeming disregard for the relationship between performance and the bonuses that should be paid.
It is a failure of the system if money managers are paid huge sums to move money around while nobody but the workers themselves suffer the costs of underperformance. It is a failure of the system if high fees can be hidden behind the excuse of market vagaries.
This is the challenge that is put before trustees. It is up to you to equip yourselves with the skills and knowledge that you need to challenge this system and maximise the wealth of the members you serve.
The role of Government and the Financial Services Board is to assist you in this challenge, by creating an enabling environment to tackle deficiencies in governance, transparency and access.
The current Pension Funds Act has been around a long time, since 1956 in fact a true dinosaur of the apartheid era! Over the years, there have been a host of amendments, attempting to keep pace with the evolution of the retirement fund industry.
The time for continual partial amendments has passed. We have begun a holistic review of the retirement funding industry and legislation. Government is in the process of finalising a Principles Document to deal with key policy challenges facing the industry.
The difficulties you encounter in the day-to-day management of retirement savings; and the powers and abilities you identify as being necessary to equip you in the future; will provide an important input into our policy deliberations. This conference forms part of the extensive consultation that will go into this document. We plan to hold a round table discussion with stakeholders before the end of November. The Principles Document will be open to review and discussion, and will form the basis on which stakeholders can make representations, prior to Government commencing with the drafting of new legislation.
In the short space of time I have generously been allotted to address you, I cannot give you a comprehensive list of issues to consider. I can, however, provide you with broad areas of focus that should be debated amongst yourselves - noting that these are in addition to the fundamental issue of the education of Trustees.
The first issue is access. The basic challenge posed here is: do people have adequate access to a retirement funding vehicle, and connectedly, how can this be improved Here we must not restrict ourselves to consider only those in formal employment, but also possibly consider those individuals in South Africa's growing informal sector, and those who only work on a part-time basis?
We could ask a related question: Should there be a special retirement funding vehicle for those in the informal sector who wish to contribute to a fund, but can only make irregular contributions?
Linked to access is the matter of compulsion. In your deliberations, you should decide whether any form of compulsion should be allowed. For instance, should an employer be compelled to offer access to a retirement fund for all employees?
Access issues are in a sense fundamental to the entire retirement system. We must consider them carefully, not in the least, for the reason that we believe no person should be denied the opportunity to provide for his or her retirement.
The second crucial matter to consider is regulation. Under this header, a myriad of issues may be classed. These importantly include fund governance, trustee conduct, member protection, the powers of the regulator, and investment regulation.
The last item mentioned, investment regulation, on its own requires careful attention, especially in the context of defined contribution retirement funds, where member benefits on retirement are a function of the investment performance of the fund.
Currently Regulation 28 of the Act governs how funds should invest their monies. The out-datedness of Regulation 28, and the degree to which it can be cleverly by-passed require study and review. The ultimate objectives in this regard would be to protect the contributions toward retirement, and ensure that those contributions grow at an acceptable rate of return.
Thirdly, let me briefly discuss the area of benefits. Basic questions need to be answered here: What benefits should a fund offer, and when should there be access by a member to his or her benefit?
There are a host of other issues under benefits which must be considered in constructing a suitable retirement funding framework. These include, amongst others, unclaimed benefits, a member's benefit on death, disability and early withdrawal, the distribution of surplus, and even divorce.
These are weighty issues and therefore I shall not keep you much longer from your deliberations, but allow me the luxury of a summary. Any serious discussion of retirement funding must explore in some detail, matters of access, benefits, and regulation. South Africa's current retirement funding system is sound and does not require radical reform.
Deficiencies however do exist, and these we must address to ensure not only that we have a modernised Act which can lead us into the future, but also one that facilitates access to retirement vehicles for all sectors of our population.
The growth and maintenance of savings lies in your hands. In short, trustee negligence means that the objective of creating wealth for old age and future generations simply cannot be obtained. Should we fail to execute these duties with the seriousness that they deserve, we shall be judged harshly by future South African generations.
May the spirit of Philemon Mashegoane guide you in your deliberations.
<fn>GOV-ZA.2004102902En.2012-02-10.en.txt</fn>
In terms of the Financial Intelligence Centre Act 2001, 31 October 2004 is the deadline by which banks have to establish and verify the identity of affected clients, being trusts and partnerships, and certain businesses and individuals. The deadline of 31 October 2004 only applies to this particular category of affected bank clients.
After 31 October 2004, banks must comply with the law and stop transactions on the accounts of affected clients in the abovementioned category who have not cooperated with their bank in its efforts to comply with its legal obligations.
The Financial Intelligence Centre accepts that banks have done their utmost to ensure that they comply with their obligations and commends the banking sector for its huge efforts in this regard.
In order to give practical effect to their legal obligations, banks are expected to immediately give notice to non-cooperating clients that they will be enforcing the deadline.
All affected clients who are unsure of their status, are urged to contact their banks immediately, and to take immediate steps to meet the requests from their banks, if needed.
The Financial Intelligence Centre thanks all banks and cooperating clients for their contribution toward fighting crime.
<fn>GOV-ZA.2004102903En.2012-02-10.en.txt</fn>
The National Treasury, through the Asset and Liability Management Division determines the Prevailing Interest Rates for the 2-year, 3-year and 5-year RSA Retail Bonds at the end of each month.
The Prevailing Interest Rates of the RSA Retail Bonds are determined by interpolating the equivalent yields of the 2-year, 3-year and 5-year Government Bonds.
The Prevailing Interest Rates are priced off the government yield curve, and will be changed if the yields of the RSA Government bonds move (negatively or positively) by more than 50 basis points. Such a movement is measured from the last business day of the previous month to the last business day of the current month.
The Prevailing Interest Rates are determined on the last business day of the month (29 October 2004) and are applicable from the first day of the month (1 November 2004) until the last day of the month (30 November 2004).
2-year Retail Bond: 8.
3-year Retail Bond: 8.
<fn>GOV-ZA.2004110101En.2012-02-10.en.txt</fn>
Thank you for the opportunity to address you at Absip's third annual awards.
I would like to start by posing the question: what are we here to celebrate tonight?
On one level, we are here to recognise and congratulate those peers who have achieved excellence in their individual capacity. This in itself is important because, through celebrating success, black achievers can serve as visible role models for young people looking to build a career in the financial sector. You also serve as a benchmark against which your colleagues can gauge their performance, spurring all ABSIP members on to greater heights.
"To facilitate transformation and empowerment both within and outside of the industry."
Ladies and gentlemen, each ABSIP member should ask themselves the following serious question: What have I done to promote this objective And what do we understand by the term "transformation and empowerment"?
Have we achieved true transformation and empowerment if lucrative deals are structured that add to the boundless wealth of an elite few, while leaving the plight of the majority unchanged Does job-hopping in the pursuit of stellar salaries help or hinder this objective What is the cost in terms of building solid expertise and capacity to guide our industry now and into the future?
Friends, there are many of your brothers and sisters who do not sit in the privileged position you find yourselves in. We need to move beyond individualism. We need to move beyond procuring the highest salary we can, at possibly the expense of others, our own experience, and ultimately the society in which we live. Many top executives are earning in a year what it takes the average worker a lifetime to earn. How sustainable is transformation on the back of such disparity?
Perhaps it is a risky business referring to principles of social collectivism in as profoundly capitalist forum as an investment professional's body, but to quote from the Freedom Charter, let "the wealth of the country be returned to its people".
As I stressed in the Medium Term Budget Policy Statement earlier this week, we need to have a multi-dimensional view of what is meant by black economic empowerment. While increasing the level of ownership of black people in corporate South Africa is absolutely important; building the economy, increasing production, creating jobs, developing young black managers and investing in social development are just as critical in shaping economic transformation.
Quite correctly, the Financial Sector Charter places ownership as one important dimension of empowerment; but also identifies human resource development, increasing access to financial services, procurement from black companies and investment in community development as key elements of economic transformation.
Let me thank ABSIP for the pivotal role that it has played in moulding such a powerful and comprehensive transformation charter. Recognition must also go to industry representatives for the steadfast manner in which they have partnered in this process. It has been a momentous achievement thus far. Under the auspice of the Charter Council, we will soon be finalising a shared vision of transformation for South Africa's financial services industry.
However, we cannot rest on our laurels. The hard work of implementing true empowerment and transformation is just beginning. Achieving sustainable and meaningful transformation takes time, tremendous effort and courage. Short-cuts such as cosmetic ownership deals and big-money-headhunting only serve to create risks for financial institutions and create distortions in the labour market.
Investment targets must be guided by appropriate risk analysis that strips away the prejudices of the past; yet at the same time occur in an environment where prudent regulation remains paramount. Ownership transfer must be a priority; but all parties must bring value to the table. Companies should spend less time chasing after the same scarce black talent and spend more time and resources in developing new talent.
Those of you who heard me speak at the ABASA convention in September, will remember how I described the lack of black female accountants as a disgrace to their profession. Black women account for less than 3% of all qualified chartered accountants. ABSIP members should be active in guarding against a similar situation. Fight not only for yourselves in your profession, but also for others wishing to gain entry to your industry, but who are not being afforded the opportunity to do so. Ultimately, that is what broad based transformation and empowering the majority is all about. We need to create so much more than merely another elite.
I raise these questions tonight not to make you squirm in your chairs, ladies and gentlemen, but to highlight to you that you do not act in isolation. Continue to give of your time and expertise to help and mentor others trying to succeed in your profession.
In conclusion ladies and gentlemen, l challenge you to fulfil ABSIP's vision. Look beyond how big the next pay-cheque will be, or which new employer will provide you with it. Look to the future of your children and grandchildren. What you do for transformation today, will echo well beyond their life times.
<fn>GOV-ZA.2004110301En.2012-02-10.en.txt</fn>
New regulations to modernise procurement in municipalities, and to reduce corruption and fraud.
These reforms will modernise the systems of procuring and managing goods and services, and reduce opportunities for corruption by ensuring greater transparency and accountability in the underlying processes. The reforms will also give effect to black economic empowerment objectives of government. It will also be possible to set up more uniform procedures between municipalities, making it easier for small businesses to bid for contracts.
The new supply chain management regulations will cover the acquisition and disposal of all goods and services by municipalities. It requires councils to approve a transparent policy, and separate the policy-making and implementation processes. It enhances the oversight role of councillors, by ensuring that this role is not comprised, as councillors will no longer be able to participate in the bid and tender committees. Instead, the council must delegate supply chain management powers and duties to the Municipal Manager who is responsible to ensure maximum efficiency and to prevent fraud, corruption, favouritism and unfair practices and is accountable for the implementation of the policy.
New procedures and processes will be implemented requiring open disclosure of any interest a municipal official or potential supplier may have in the acquisition of goods or services. This includes a prohibition on any gifts, rewards, favours or sponsorships offered to a municipality by a supplier in cash or in-kind. All bids must be opened in public and a register kept that is available for public inspection. Unsolicited bids outside this process are generally prohibited unless the National Treasury is consulted. Penalties will be imposed on any person breaching the new regulations.
In order to enhance broad-based black economic empowerment, proposals are under consideration to strengthen current empowerment criteria for the evaluation of bids when goods and services are being acquired.
The new supply chain management regulations will impose three threshold values on all purchases, from 1 July 2005. This will require a public tender to be called for purchases over R120 000, three different written quotations for purchases below R120 000 and three verbal quotations for purchases below R6 000.
Municipalities will also be encouraged to explore new ways to provide much needed services under proposed regulations on public-private partnerships, set to take effect on 1 March 2005. The regulations establish a framework for private sector involvement, after considering community opinions and determining economic feasibility, in projects that will benefit communities. These could include joint projects to provide municipal infrastructure for water, sanitation, electrification, offices etc. With the backlog of infrastructure investment at the local level so severe that constrained public finances cannot meet the demand for development, private sector capital can in places fill this gap in a responsible manner.
The proposed cash management and investment regulations embody principles that aim to ensure prudent, risk averse investments that maintain security of public funds which may only be placed in credit worthy institutions.
Comments and feedback on the draft supply chain management; public-private partnership and municipal cash management and investment regulations are to be submitted to the National Treasury by 19 November 2004. Copies are available in Government Gazette 26945 or on www.treasury.gov/mfma.
Should you require further information please contact Ismail Momoniat on 012 315 5165.
<fn>GOV-ZA.2004110302En.2012-02-10.en.txt</fn>
The mid-term provincial budget report covers spending for the first six months of the 2004/05 financial year, from 1 April 2004 until 30 September 2004.
Provinces have spent 46,8 per cent of their (unadjusted) budget, or R87,4 billion of R186,6 billion. For the same six month period, national government also spent a similar proportion of 47 per cent, or R70,7 billion of the R150,3 billion voted national budget.
Provinces have spent 29,5 per cent or R3,3 billion of their R11,3 billion capital budgets. This is lower than the percentage spent by national departments (36,9 per cent) but R1,4 billion more in absolute terms given national spending of R1,9 billion.
Personnel expenditure by provinces is R42 billion or 47,7 per cent of the R88,1 billion budget, excluding the recent public service increases which were backdated to 1 July 2004 and implemented during October 2004.
The projected aggregated provincial budget deficit is R2,2 billion if the additional national adjustments allocation of R4,3 billion is taken into account. For most provinces, this deficit will be funded from last year's provincial rollovers and cash balances, accumulated by provinces in previous years.
The greatest spending pressure is in social development departments, where provinces have spent 52 per cent or R24,6 billion of their R47,3 billion budget, an increase of R4,6 billion or 22,9 per cent over the same period last year.
Education expenditure for the first six months in 2004/05 totalled R30,1 billion or 46,7 per cent of the R64,5 billion total education budget, and is R2,2 billion or 7,9 per cent higher compared with the same period in 2003/04. Capital spending in education is relatively low at 23,2 per cent or R714,1 million for the first six months.
Health expenditure totalled R18,3 billion (45,6 per cent), which is R1,4 billion higher compared with the same period last year. Capital expenditure in health is relatively low at 27,2 per cent or R763,7 million.
The highest share (38,1%) of provincial capital budgets is for roads, transport and public works departments, which spent R1,6 billion or 36,1 per cent against its total R4,3 billion budget.
Provincial own revenue collected is R2,7 billion or 50,9 percent of the total own revenue budget of R5,4 billion. National government transferred R83,2 billion of the equitable share, and R10,1 billion in conditional grants, during the first six months of 2004/05.
Except where explicitly stated, the figures in this mid-term report excludes the additional funds totalling R4,3 billion allocated to provinces last week by the Minister of Finance in the Medium Term Budget Policy Statement on 26 October 2004. The budgeted figures for provinces are based on the 2004/05 provincial budgets tabled in February/March 2004, and includes the addendum to the budgets of KwaZulu-Natal and Mpumalanga presented after the elections to their provincial legislatures on 27 May and 24 June 2004 respectively.
This analysis is based on the statement of receipts and payments published by the National Treasury on 29 October 2004, and is available on the treasury website www.treasury.gov.za. The information is based on the section 40(4) PFMA reports submitted (and signed) by each head of provincial department to their provincial treasury by 15 October 2004, and submitted to the National Treasury by 22 October 2004. Queries on any spending or budget numbers should therefore, in the first instance, be referred to the relevant head of the provincial department, and in the second instance to the head of the provincial treasury. Provincial heads of department failing to sign and confirm their section 40(4) PFMA monthly reports will be in breach of the Public Financial Management Act (PFMA). Queries on conditional grants may also be referred to the relevant head of the administering national department.
The information presented here is restricted to financial information only, but provincial departments should be in a position to provide complementary non-financial performance information at least up to the first quarter (as such information comes with a longer lag of 2 to 4 months). Such information is necessary to measure outputs and performance, and to assess value for money - it is hoped that provincial legislatures will request such information from relevant provincial departments when discussing this section 32 PFMA report on the budget for the first six months of the 2004/05 financial year, from 1 April 2004 to 30 September 2004. This half-yearly information also provides a valuable basis for determining what overspending pressures provinces must take into account when tabling their adjustments budget during November 2004.
Table 1 indicates that provinces have spent 46,8 per cent or R87,4 billion of budgeted expenditure after six months into the financial year. Though almost identical to the 47,3 percentage spent in 2003/04 (for the same six month period), spending increased by 11,9 per cent or R9,3 billion compared to last year as provinces spent R78,1 billion. Between provinces, average spending ranges from the lowest share of 44,2 per cent in Western Cape to the highest at 49,1 per cent in Northern Cape.
Social services budgets total R151,9 billion, and comprise 81,4 per cent of the total R186,6 billion provincial budget in 2004/05. Table 2 indicates that provinces spent R73 billion or 48,1 per cent of budgeted R151,9 billion for the three social services (education, health and social development). This is R8,2 billion or 12,6 per cent more than the same period in 2003/04.
Social development budgets at R47,3 billion comprises 25,4 per cent of provincial budgets.
The mid-year spending trends indicate that provinces face their greatest spending pressure from social development budgets, which registered spending of 52 per cent or R24,6 billion of their R47,3 billion budget (Table 3). This represents a 22,9 per cent increase of R4,6 billion over the R20 billion spent for the same period last year.
The pressure is from sharp growth in beneficiary numbers for disability and foster care, which is beyond budgeted projects (unlike the high growth in the child support grant, which is largely budgeted for). It should be noted that most of the additional adjustment allocations is expected to increase social development budgets in order to ensure that provinces can deal with these pressures.
Education budgets of R64,5 billion comprise 34,5 per cent of total provincial budgets. Table 4 indicates that education expenditure at R30,1 billion is 46,7 per cent of the total education budget, an increase of R2,2 billion or 7,9 per cent compared to the R27,9 billion spent over the same period in 2003/04. Spending between provinces for education ranges from the lowest share of budget in Free State at 44,1 per cent, to the highest in Limpopo (48,2 per cent), Northern Cape (48,4 per cent) and Gauteng (48,8 per cent).
The bulk of education expenditure is for personnel budget, spending R25,6 billion or 48,1 per cent of the personnel budget of R53,2 billion. Spending on goods and services (mostly learner support material) is recorded at R2,1 billion or 37,3 per cent of its budget.
Education departments have spent relatively slowly on capital at 23, 2 per cent of their total capital budgets, spending R714,1 million (see Table 5 below). This is lower than the R735,5 million spent on capital over the same period last year. Spending between provinces ranges from the lowest in KwaZulu-Natal (1,9 per cent), Western Cape (10,9 per cent) and Gauteng (13,3 per cent), to the highest in Mpumalanga (37,1 per cent) and Limpopo (72,9 per cent).
Health budgets totalling R40,1 billion comprise 21,5 per cent of the total provincial budget. Table 6 indicates that health expenditure is R18,3 billion or 45,6 per cent of the total health budget, representing an increase of R1,4 million or 8,2 per cent compared to the first half of the 2003/04 financial year.
Gauteng health has spent the lowest share of its budget after the first six months at 41,8 per cent, with the highest share in Free State (47,4 per cent), Northern Cape (47,3 per cent), Eastern Cape (47,9 per cent) and Limpopo (48,1 per cent).
Capital expenditure in the health sector is relatively slow at 27,2 per cent or R763,7 million, significantly lower than the R829,8 million spent for the same period last year (Table 7). Between provinces, the lowest rate of spending is in Gauteng (6,4 per cent), Mpumalanga (11,9 per cent) and Northern Cape (12,3 per cent) with Free State and Limpopo recording the highest share at 48,1 per cent and 54,6 per cent respectively.
Provinces have spent 29,5 per cent or R3,3 billion of their R11,3 billion capital budgets ("payment for capital assets"). This is almost identical to the rate of spending in both absolute and percentage terms for the same period last year.
Table 8 also provides capital spending information by province, which indicates significantly slow spending in Gauteng at 9,6 per cent, and highest in Eastern Cape (40,1 per cent) and Limpopo at 60,1 per cent. In absolute terms, Eastern Cape has spent the most at R831,6 million, followed by KwaZulu-Natal at R752,4 million and Limpopo at R600,2 million.
It should be noted that reclassification changes due to the New Economic Reporting Format has lowered capital spending and budgeting figures. For example, the housing subsidy grant is now classified under transfers and subsidies, and not capital.
The biggest capital budgets in provinces are in roads, transport and public works departments at R4,3 billion, or 38,1 per cent of the total provincial capital budget of R11,3 billion. Spending for these departments is relatively faster than other sectors at 36,1 per cent or R1,6 billion of the R4,3 billion budget (Table 9 below). This spending is similar to the R1,5 billion spent last year over the same period. Between provinces, the lowest rate of spending is recorded in Gauteng at 1,1 per cent and Free State at 5,1 per cent, whilst Limpopo and Eastern Cape record the highest at 51,7 per cent and 53,4 per cent respectively.
It should be noted that public works capital spending figures tend to be overstated, as they are not fully reconciled to exclude spending on education and health capital projects. For the same reason, capital spending in education and health may be understated. One province (Western Cape) also budgets for all its capital on its public works vote, and it is not clear why it does not provide breakdowns of what is actually spent on capital per section (on education, health, etc.).
Reasons for why capital spending in provinces is relatively slow in the first six months, and relatively high in the last two months of the financial year, are not provided by provincial departments. National Treasury, working with the Construction Industry Development Board (CIDB), offers assistance to provincial departments to improve their capital planning and spending capacity, and to ensure that payments are made throughout the year, rather than only in the last two months of the financial year. The objective is for all government departments to pay all accounts due within 30 days of receiving adequate billing documentation.
As noted above, housing subsidy expenditure is no longer treated as capital. Table 10 indicates that provinces spent R2,2 billion or 49,1 per cent of their R4,5 billion Housing Subsidy conditional grant. These spending figures are a significant improvement compared to the last three financial years, though it is not clear to what extent some of the spending reflects transfers.
It is not clear whether provincial housing departments are able to link actual output information on housing (e.g. complete houses built, complete foundations or serviced plots provided) to their first or second quarter spending figures. Such information is critical in order to assess the extent to which the housing subsidy programme is succeeding in housing poor households.
Table 11 below reflects spending on all 2004/05 conditional grant allocations as at 30 September 2004 for all provinces. It excludes rollovers from conditional grants from the 2003/04 financial year, and also excludes general conditional grants like National Tertiary Services, Hospital Professions Training and Development, and the Provincial Infrastructure grants, as reporting against these grants cannot be separated from the province's health and capital budgets.
The rate of conditional grants spending is slower than total provincial expenditure. Provinces have spent R4,7 billion or 39,1 per cent of the total budget of R12,1 billion.
Specific grants reporting very slow spending include Food Emergency Relief (17,4 per cent), Comprehensive Agricultural Support grant (18,9 per cent), Mass Sport and Recreation Participation Programme (19,8 per cent), and HIV and Aids (Life Skills Education) (23,4 per cent).
Allocations have been transferred for the Agricultural Disaster Management and Malaria and Cholera Prevention grants during the last day of the 2003/04 financial year and is included in the table above to register spending on these two grants. Provincial roll-overs for Housing Subsidy (R226,8 million), Human Resettlement (R30,6 million), Hospital Revitalization (R28,4 million), Child Support Extension (R26,8 million), Local Government Capacity Building Fund (R13,2 million), and Comprehensive Agriculture Support Programme (R10 million) are excluded from the above table, but are available for spending for the 2004/05.
National departments administering the above conditional grants, monitor spending and outputs on the conditional grants they administer.
Table 12 below indicates the provinces that are spending very slowly on conditional grants. It indicates that more than five provinces have spent less than 20 per cent of their grant budget after six months for the following grants: Comprehensive Agriculture Support Programme, Local Government Capacity Building Fund, Food Emergency Relief and Mass Sport and Recreation Participation Programme.
The number of provinces spending at slightly higher levels, but still below average (between 20 and 40 per cent of grant budgets), are as follows for the following grants: Land Care Programme grant (5), Primary School Nutrition Programme grant (6), Comprehensive HIV and Aids grant (7), Integrated Nutrition Programme grant (5), Hospital Management and Quality Improvement grant (5) and Provincial Project Management Capacity for MIG grant (5).
It appears that some of the slower spending figures may be incorrect, resulting in understating of actual spending against grants, due to incorrect recording of such expenditure against other budget programmes.
Personnel expenditure ("compensation of employees") is R42 billion or 47,7 per cent of the R88,1 billion budget. KwaZulu-Natal (R8,6 billion or 48,8 per cent), Eastern Cape (R6,9 billion or 48,6 per cent) and Gauteng (R6,4 billion or 48,3 per cent) have the highest rate of personnel expenditure, with North West the lowest at 46,1 per cent (refer to Table 13 below).
The spending numbers on personnel in Table 13 do not include the latest salary increases, which were backdated to 1 July 2004 and implemented during October 2004. Note that part of the additional adjustments allocation provides for provinces to increase their personnel budgets, particularly in education and health, which employ over 87 per cent of all provincial personnel.
Provincial Revenue includes budgeted equitable share allocations of R160 billion, conditional grants of R21,2 billion and own revenue of R5,4 billion.
National government transferred R83,2 billion or 52 per cent of the equitable share, and R10,1 billion or 47,9 per cent in conditional grants, to provinces after six months of the current financial year.
After six months, provinces have collected R2,7 billion or 50,9 per cent of budgeted own revenue of R5,4 billion. The total provincial revenue received and collected to date was recorded at R96 billion or 51,5 per cent of budgeted total revenue.
The R5,4 billion budgeted amount is significantly less than the R6,6 billion collected in the previous year (2003/04). However, the R2,7 billion collected thus far is 8,8 per cent less than what was collected by the end of September for the previous financial year. The collection rate varies from 34,3 per cent in Eastern Cape and 40,9 per cent in Free State, to a high of 60,9 per cent and 58,8 per cent in KwaZulu-Natal and Gauteng respectively. It appears at this stage that most provinces will exceed their collection of budgeted own revenue (R5,7 billion).
Table 14 below indicates the additional resources per province after the national adjustments allocation of R4,3 billion is taken into account (excluding surplus funds or provincial roll-overs). Actual spending against such additional allocations decreases from 46,8 per cent in Table 1 to 45,8 per cent. The projected aggregate provincial budget deficit reduces to R2,2 billion if the additional adjustments allocation is taken into account. Provinces having surplus funds (including roll-overs) will be able to fund part of this deficit, but those provinces ending the 2004/05 financial year with an overdraft may have to adjust their current budgets to ensure their overdrafts do not increase. Some provinces have already instituted cost containment measures and other initiatives to ensure that their deficits are reduced to levels of available funding.
<fn>GOV-ZA.2004110501En.2012-02-10.en.txt</fn>
As we are celebrating our tenth year of democracy in South Africa, we are indeed privileged to join you in celebrating your 20th anniversary.
I want to thank you for inviting me to address you in this celebration. But, more importantly, I want to congratulate the chosen businessman and businesswoman of the year, and to applaud the chamber's commitment to our democracy and economic development.
And to ask that our relationship continues to deepen, and that, together, we enjoy the fruits of Africa's sweetest political and economic emancipation.
The increasing numbers of shiny new Italian sports cars on our roads tell an important story of how far our partnership has come over the past decade.
They tell of confidence in the way we are taking this country forward.
And of an economy in which people have the freedom to dream and to aspire.
People are coming to know that their own destiny is now in their hands. Hard work, initiative and entrepreneurship lead to success. Some of us - humble politicians especially - will not quite make it to the Lamborghini league.
But that is fine. At least we can still dream. And patiently, step-by-step, each of us can find opportunity to give expression to our dreams.
Over the past ten years our young democracy has emerged strong and resilient, unwavering in its quest to ensure a prosperous life for all. We have travelled a long road and are beginning to see the returns from our efforts in an expanding economy.
In the decade prior to 1994, economic growth averaged less than 1 per cent a year.
Since then it has averaged almost 3 per cent a year. We have just entered the 24th quarter of continuous positive growth. This marks the longest structural expansionary phase in the history of the South African economy.
We have also witnessed a remarkable transformation in the structure of the economy. A largely natural resourced based economy has given way to a more modern, dynamic and resilient economy in which higher value added manufacturing and service are thriving. In fact, the services sector currently contributes close to 70% to GDP.
The fiscal deficit has been brought down to 2,4 per cent of GDP in 2003/04 from well over 7 per cent a decade ago.
Fiscal debt-GDP levels have been lowered to 37 per cent from 48 per cent in 1996, with the portfolio substantially diversified to include a manageable 18 per cent of foreign debt in the total debt stock.
Debt service costs have fallen to 3,8 per cent of GDP in the wake of substantial declines in the country risk premium and improved management of our debt portfolio.
Marked improvements in tax policy and administration have been the cornerstones of the turnaround in overall fiscal performance.
Just last month, Moody's Investors Service announced that it has placed South Africa's country rating on review for a possible upgrade. This was in recognition of the country's significant improvement in external liquidity, our modest reliance on external debt financing, and our macroeconomic policies.
In addition to securing a sound fiscal base, we have been able to provide a firm anchor for monetary policy by introducing inflation targeting.
The benefits of this are beginning to emerge, with inflation firmly within the target range and inflation expectations moderating.
These improvements in the fiscal and monetary positions, give us the headroom to explore important policy initiatives to give impetus to the growth acceleration we are seeing.
A growth rate of 4 per cent and beyond is eminently achievable for this economy in the years ahead. Not, of course by government working alone. But, by every worker and every entrepreneur coming together to give expression to fuel our acceleration.
Over the past decade, South Africa integrated enthusiastically in the global economy accepting WTO commitments and confronting the challenges of international competition, bolstering our own efforts to boost domestic competition.
We allowed access to our markets through trade and tariff liberalisation and pursued a range of mutually beneficial free trade arrangements with our major trading partners.
We even managed to conclude a Free Trade Area agreement with the EU in 2000. Now, that was not a simple matter, but a commitment to engagement and negotiation eventually prevailed. Today, the EU remains our most important trading partner.
But, more needs to be done. The WTO and our partners in developed countries must grasp the nettle and take the hard decisions that are going to make a meaningful difference in the lives of the poor.
We cannot genuinely talk of trade and development unless governments and multilateral organisations take on the hard issues and break cycles of dependency in their own countries.
Subsidies that exceed the GDP of most developing countries - taken together simply have to be reconsidered!
South Africa will not waiver from this agenda until we begin to see genuine progress being made.
Over the past decade, exchange controls have been liberalized, as our financial markets have deepened and our regulatory structures and capacity have been strengthened. This has allowed us to both attract capital and for SA businesses to expand their global reach.
We have long declared ourselves open for business, assuming the responsibilities attendant with such a decision. We can do this on the back of an unwavering commitment to sound macroeconomic and fiscal policy.
In the MTBPS, we built on the reforms announced in the Budget Review.
Allowed foreign governments, companies and institutions to list their instruments on South African exchanges.
Exchange controls on real investment abroad by South African companies were abolished.
The compulsory repatriation of dividends from offshore profits will no longer apply.
These measures enable our companies to expand their footprint world wide from a proudly South African base.
The bulk of new economic opportunity is going to be found in rapid acceleration of the activity in the private sector. We have in place a macroeconomic and political foundation to support such growth.
While maintaining this, our efforts now turn to improving the microeconomic environment for business activity, lowering cost structures across the economy, rolling back constraints to economic development and ensuring that our businesses continue raise their competitiveness in the global economy.
We can reiterate the commitment made by the President in his State of the Nation address in May to reducing the cost of doing business in SA through extensive investment and reinvestment in an already developed and modern economic infrastructure. Over the next 5 years, Transnet will invest upwards of R37 billion in rail and port infrastructure. In addition, ESKOM envisages investment of about R80 billion in expanding energy generation capacity and transmission networks to meet our burgeoning needs.
Improving competition and access in telecommunications will raise efficiency following the introduction of a fixed-line operator for which discussions are well under way.
I have announced a review of the burden of tax compliance on small businesses, focusing on ensuring our entrepreneurs engage in growing their business, not on filling in forms!
Sure, there is much to be done. But, I am confident, that we have the commitment, energy and stamina to ensure that we are able to conquer this challenge.
I have spoken a lot lately about black economic empowerment. This is not something that any of us should take lightly. In fact, it is something that we all need to embrace, as it remains fundamentally important to the sustainability of our growth path.
For sure, meaningful participation in ownership and control in the economy is important. But, more important is ensuring that everyone in this economy, I mean everyone, black and white, young and old, men and women, have access to economic opportunity.
We can, and we must, harness the potential of everyone committed to our country to take us to that higher plane of growth and development.
In conclusion, let me say that the recent economic performance reflects an economy that is strong and resilient, coiled on solid foundation ready to spring to higher levels of wealth and wellbeing.
We are most definitely open for business and encourage dialogue and engagement with our partners in the Italian Chamber.
For these partnerships, as they grow ever stronger, fortify us to the next level of growth, development and joint prosperity.
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As an emerging market, South Africa has rightly earned a reputation for sound fiscal management and a progressive opening up of its financial markets, within a prudent regulatory regime.
We have brought our budget deficit below 3 per cent of GDP, we have inflation now comfortably within our target range of 3 to 6 per cent, we have kept our balance of payments current account within moderate limits, we have seen capital market interest rates fall to their lowest levels in some 25 years.
Such prudence is comforting, of course, to bankers and investors.
But that does not, in itself, make it wise or sustainable. The budget deficit is an important measure of today's fiscal performance, but this is performance to what end?
Our real objective is something quite different, our policy goals are organized around a development agenda that aims to address the social and economic deficit that characterizes so much of our legacy and landscape. To put the question differently: our 2,4 per cent budget deficit: at what social cost?
Of course, this puts the focus on the long run trajectory of social and economic development. The budget numbers and the monthly price trends and trade statistics fuel the decisions of market participants for whom 45 minutes is a trading horizon and the long term ends on Friday afternoon. But social progress has to be measured decade-by-decade and generation-by-generation. And it is because of its contribution to progress over this time line that we chose, a decade ago, to put our fiscal policy stance and budget framework on a sound and sustainable platform.
There have been broadly three phases in the evolution of our public finances.
During 1994 to 1996, following a period of recession and a rapid rise in the budget deficit, Government's Reconstruction and Development Programme was phased into departmental plans and budgets, and a comprehensive reprioritisation of public expenditure was undertaken. The new Constitutional order and its fiscal and financial institutions took shape. The average budget deficit stood at 4,7 percent and government debt was approaching 50 per cent of GDP.
A period of fiscal consolidation from 1997 to 2000 saw the introduction of medium term expenditure planning, the drafting of the Public Finance Management Act, a strong focus on increasing transparency and accountability in the public finances, substantial investment in tax reform and revenue administration capacity and deliberate coordination of fiscal and monetary policy - leading to the adoption of an explicit inflation target. The budget deficit declined to 2,5 percent of GDP, public debt began to fall relative to GDP and average borrowing costs fell sharply.
From 2001, a more expansionary fiscal stance has been adopted. Against the background of much improved fiscal management and the declining relative burden of debt service costs, both tax relief and an acceleration in public expenditure have contributed to strengthening the momentum of economic growth and social investment.
Successful fiscal consolidation, improved debt management and enhanced public sector spending capacity all contribute to the current growth-oriented fiscal stance, in part offsetting the impact of a disappointing international environment in 2002 and 2003 and the constraining impact of a strong rand currently. The 2004 Budget framework and the revised outlook published in the Medium Term Budget Policy Statement last month provide for strong real growth in non-interest expenditure - about 9 per cent last year and in 2004/05, and 6,5 percent next year. Debt service costs stabilize at about 3,6 percent of GDP. The budget deficit rises to 3,5 percent of GDP in 2005/06 before declining to 2,7 percent in 2007/08. The overall public sector borrowing requirement is expected to rise moderately to 4,6 percent of GDP, as parastatal capital spending gathers momentum.
On the strength of a healthy fiscal platform, in other words, we are able to budget for progressive reinforcement of public infrastructure and service delivery. Of course, it is not the aggregate numbers that are the measure of this progress, but the detail and the targeting of the spending we can accommodate.
Ongoing support for peace-keeping and development initiatives in Africa, and South Africa's hosting of the Pan African Parliament.
We will have the privilege of hosting the FIFA Soccer World Cup in 2010, and we will budget for a modest contribution by the fiscus to the infrastructure costs associated with this huge international event.
I mention the FIFA World Cup - although it is of course a unique event with its own particular requirements and financial dimensions - because it is a project that illustrates well some central features of the emerging market development challenge.
Firstly, we will closely observe how Germany manages the 2006 Cup, but we will not try to reproduce it in magnitude and style. For a start, we will have a ticket pricing strategy that recognizes the disparities in buying power of different segments of the potential market. Emerging markets can take on major international events or investments, but there are often important technological adaptations that have to be made.
Secondly, we have put considerable effort in our proposals for the 2010 Cup into maximising its development and tourism impact. Stadiums will be located in various centers, investment will be concentrated on long-lasting transport and hospitality infrastructure, communications capacity will be enhanced. This is much more that an event on the sports calendar, it is an opportunity to mobilize efforts around building and marketing South Africa more widely.
Thirdly, hosting the World Cup is not a government initiative, but is fundamentally a partnership between many role-players - in this kind under the umbrella of a sports federation. This is of course where development strategies so easily become self-defeating in emerging markets: governments fail to secure effective partnerships and shared responsibilities between the public and private sectors, too much is taken on by the fiscus, budgets get into difficulties and the whole project collapses in on itself. Or conversely - and this risk should equally be recognized - government's do too little to promote development, the business sector tries to find substitutes in providing housing, security, health care, social services, and is itself overwhelmed by the complexity of contracting for public services and the difficulties of operating in an administratively immature environment. Getting these partnerships right, a common understanding of shared and complementary responsibilities between the public and private sectors, is really the bedrock of the social and economic development project. And of course, between ourselves and the South African Football Association, there will be some tough talking about who does what and how much it will cost.
Fourthly, there are international sponsors and partners to consider. Without the international federation there would be no World Cup. But for us as an emerging market economy with limited resources and just a few years experience of hosting international events of any significance, this is a little daunting. Along with the international sports officials there is a veritable army of lawyers, accountants, financial advisors, and then a whole host of complementary merchants and carpetbaggers. And of course, the whole universe of development and social advancement is characterized by exactly this problem: many well-meaning advisors, many unscrupulous opportunists; multiple rewards, multiple risks. And so a lot of what we have done in managing the public finances and steering a progressive course in social and economic development is not particularly new or colourful, it is simply about sorting out good advice from bad, planning carefully and contracting with eyes wide open and a good lawyer close to hand.
Fifthly, you have to keep your eye on the ball.
And I needn't remind you that in politics there are distractions, so that is always a challenge.
But the discipline of the budget process is a great help. Every year, I share with my Cabinet colleagues the task of reviewing our medium term spending plans, assessing new policy proposals and exploring revenue and financing options. The budget process is an intensive concentration of our minds on how we can address our social and development challenges within a responsible and sustainable fiscal envelope. And the second half of February comes around with relentless regularity, which is when Parliament expects full and open disclosure of these plans and programmes. That keeps our eye on the ball.
Regional and international partnerships for growth and development.
We also emphasized the critical importance of sequencing issues: targeted incentives and public works programmes play a role in promoting investment and job creation in the short term, while investment in major transport infrastructure, spatial development reforms and an effective competition policy are key long term requirements; investment in education and training is similarly about long term productivity and human development; in the short term we can step up housing delivery, but in the longer term we also need to achieve a better alignment with spatial plans, job creation and community services.
All of these broad strategic policy challenges involve important kinds of cooperation and partnership between the public and private sectors. We have an active programme of formal contractual public-private partnerships - these now include several toll road concessions, long-term facilities management and accommodation services for government departments, information technology systems, non-clinical hospital administration and services, outsourcing of transport fleet management and operation of hospitality services in national parks and tourism sites.
There are also less formal partnerships in which the private sector plays a more proactive role. In keeping with commitments negotiated under the auspices of the Financial Sector Charter, signed in 2003, our major banks have recently introduced low-cost savings accounts that significantly improve the ease of access of poor people to the security and convenience of electronic banking. Small-business development, housing finance, support for emerging farmers, black economic empowerment and investment in social infrastructure will all in due course also benefit from Financial Sector Charter commitments.
These are areas of public policy in which government departments have various roles and responsibilities, and to which the annual budget makes considerable contributions.
But it is the combination of targeted public spending and expanding marketbased opportunities that opens real opportunities for accelerating the pace of social and economic development in the decade ahead. Our Financial Sector Charter provides a framework within which substantial capital resources of the banking sector and other financial institutions will be mobilized in pursuit of public policy purposes.
I am deeply mindful that the quality and impact of this mobilization of capital, over time, will be shaped by both private initiative and incentives, and the influence of government programmes and the regulatory environment.
Extending access to health care and social development services.
Our success in managing the public finances is closely watched - the budget deficit is a notable indicator of this trajectory. In each of these areas of public policy, and in several others, of course, there are equally compelling indicators of social and economic progress. As an emerging economy, we have to measure progress not just on a single dimension of financial correctness but across a full spectrum of development indices.
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South Africa has earned an enviable reputation for sound fiscal management and a progressive opening up of its financial markets, within a prudent regulatory regime.
We have achieved moderate growth of the economy, and there is encouraging evidence of an acceleration in the pace of job creation.
The fiscal and budgetary reforms of the past decade have built a firm foundation for the years that lie ahead. But in the life of a finance ministry there is no reasonable prospect of a gentle rocking chair retirement: the challenges of the decade ahead are formidable, and in some ways more complex, than the path we have traveled already.
A decade ago, and in 1996 when the Growth, Employment and Redistribution macroeconomic strategy was formulated, it was clear what had to be done macroeconomically. We had to stabilize the fiscal balances, we had to dismantle the exchange controls and trade barriers of an over-protected siege economy, we had to steady the inflation trajectory, we had to redirect public spending towards investment in skills and redressing the distortions of racially skewed social services, we had to reverse the decline in infrastructure investment. There were varying opinions on the details of the macroeconomic framework and of course there were those who regarded the whole strategy as distastefully Washingtonian. But in retrospect these were the right things to do: and by 2001 we were able to adopt an expansionary and pro-growth fiscal stance, in a context of renewed business confidence, a declining debt-GDP ratio, moderate inflation and a healthy balance of payments.
As I have intimated, a finance minister's life is never boring. By the end of 2001 a speculative attack on the rand made all these happy circumstances seem irrelevant. But we survived that, conducted an inquiry into the causes and consequences, and today I don't mind saying that a little less market confidence in the rand might be welcome relief. But the interior calculus in the minds of currency traders and hedge fund treasuries is about as comprehensible, I have come to believe, as the Book of Job. Which was, as you know, the original dismal science.
Let me return to my brief, which is fiscal policy.
The fiscal challenge over the past ten years has been pretty straightforward in its key dimensions - develop a medium term framework, strengthen revenue administration, modernize the tax structure, adapt policy-consistent planning and budgeting systems, stabilize the fiscal balances, deepen the debt markets, invest in growth and development.
For the decade ahead, the foundations will remain in place - an open economy, competitive markets, a sustainable deficit, a broad-based tax structure, spending plans informed by transparent social and economic policies. But nobody actually lives in the metaphorical foundations. The habitable structure is what counts, even if the foundations need reinforcement from time to time. The construction project now under way involves design and engineering challenges of considerable complexity, adapting the institutions and culture of government activities, addressing qualitative as much as quantitative dimensions, and yielding returns progressively over many years to come.
I'd like to comment on five aspects. This strays a bit off my prescribed topic, but the curious reality is that if we are to think intelligently about fiscal policy over the next 10 years, we have to think about several important things other than fiscal policy.
First, there is the challenge of reconstructing the urban landscape. Why begin here Because I'm really still, in my dreams and in my nightmares, a Cape Flats housing activist. And because the dynamics of urban conglomeration, how cities evolve over time, is hugely important for both the efficiency and competitiveness of economies and the quality and character of ordinary people's lives?
Let's try to visualize the landscape of the cities in which our children and our grandchildren will live and work and play. What do we need to do to realize the vision of our dreams and not our nightmares?
We have to build transport networks that are safe and convenient and efficient. (A starting point is to try to ensure that people can leave home in the mornings and get to their places of work before the following day.) We have to arrest the decay of inner cities and accommodate more diverse kinds of trade and commerce. We have to promote job creation near the places where people live. We have to extend access to water, sanitation and affordable electricity, and give greater momentum to both the pace and quality of housing construction.
These are challenges of every city in the world, and over the past decade we have steadily stepped up the flow of resources to support municipal infrastructure investment and services. Progress in building houses, connecting water pipes, installing electricity and improving roads and sewerage systems has kept ahead of a comparatively rapid growth in household formation, but the quality of the newly constructed urban landscape remains bleak, even by Job's standards.
Let's be clear about the vision. There are still 2,8 million households, about a quarter of the population, who live in settlements designed to repress rather than promote the spirit of commerce and community. The cordon sanitaire still separates town and township, the off ramps from the freeway to the township are few so that they can be guarded by casspirs, the corridors and greenbelts for trade and recreation are stunted and barren. This all has to change. And it will change, partly because the dynamics of the modern city are irrepressible, but also because our urban planning is now strongly focused on reintegrating the city, and investing in interconnected landscapes.
There are immense investments required to make an integrated urban landscape a reality. There are public infrastructure requirements, but there is also a large opportunity for private investment in housing improvements, commercial and office space, industrial and recreational facilities. This is what the Financial Sector Charter refers to as "transformational infrastructure" - investment that changes the quality of ordinary people's lives. For municipalities, the regulatory environment has to be reformed in important respects, and there are still planning gaps. You can't expect private investors to make transformational investments if they don't yet know where the high street is. But the reconstruction of our cities is a joint responsibility, and the role of private finance is recognized in our new Municipal Finance Management Act. So my first suggestion on the longer term outlook for our public finances is that the structure of both public and private investment in the infrastructure of our cities will deepen considerably over the years ahead.
Having talked about the cities, we have to consider also the rural landscape. It is a mistake to think that development policies are either focused on promoting urban growth or on agriculture and the rural poor. Productivity of the rural landscape is in fact closely bound up with the efficiency and the economic needs - food, resources, recreation - of the city. The challenge of redressing a distorted and fragmented landscape is even more stark in the rural heartland.
We are steadily addressing a portfolio of some 75 000 land restitution claims, and as indicated in last month's Medium Term Budget Policy Statement there will be a significant step up in budget allocations for this programme next year. A new conditional grant to provinces has been introduced to strengthen agricultural support to emerging farmers, so that as the longer term land reform programme gathers momentum it will be complemented by appropriate interventions to maintain farm output and improve productivity. The Land Bank is increasingly active in extending credit to black farmers and supporting a more diverse client base.
Again, there are transport and market access issues to address. There are important shifts in priority of our agricultural research and advocacy programmes, new alignments in support services, reforms of the management and pricing of water and irrigation systems, and ongoing challenges in promoting food safety and quality assurance, managing pests and disease risks and promoting access to international agricultural markets.
South African farmers have adapted to significant reductions in trade protection, dismantling of collective marketing arrangements and phasing down of government subsidies. Agricultural output has remained buoyant and aggregate food security is not at risk. These strengths have to be preserved, while the rural landscape undergoes transformation of ownership and tenancy rights, improved protection of labour and promotion of opportunities for smaller scale farming units.
There are several broad fiscal implications. Land redistribution will continue to be a significant budget commitment for many years, but as we move beyond the restitution phase the fiscal contribution will increasingly need to be complemented by self-financing arrangements, while remaining within realistic limits in the inherently risk-prone agricultural debt environment. Technical support will be a continuing government priority, but the bureaucracy does not have an obvious comparative advantage here and so the contributions of education institutions, farmer organizations and specialized media and advocacy initiatives are perhaps more critical.
Again, I believe that the years ahead will see significant shifts in the balance and depth of both public and private sector financing of rural and agricultural development. Farming today is a comparatively capital-intensive industry - measured in terms of value-added, more capital intensive than either manufacturing or construction. But it is also a source of livelihood of proportionately large numbers of people, and agricultural productivity influences trends in food prices, which in turn influence everybody's cost of living. Creating healthy structures in land and farming debt markets, supported by appropriate risk-mitigation, need not loom large in the overall public finances, but it will be an important, growth- and equity-enhancing, area of reform.
Thirdly, a few remarks on financing infrastructure investment and restructuring of stateowned enterprises.
Our expectation is that general government fixed capital formation will grow by about 7 per cent a year in real terms over the next three years, while investment by public corporations, which expanded by 19 per cent last year and 21 per cent in the first half of this year, will continue to increase strongly. Having spent about R38 billion on freight rail infrastructure, rolling stock and ports over the past decade, Transnet expects to invest more than R40 billion over the next five years. Large port projects currently under way include the R921 million conversion of Durban Pier 1 to a container terminal, expansion and refurbishment of the iron ore terminal at Saldanha and the Richard Bay coal terminal, and the new R3,2 billion Port of Ngqura. A R4,9 billion renewal and replating of some 24 000 freight wagons is in progress.
Eskom has begun its recommissioning of mothballed coal-fired power plants, and will continue its expansion and strengthening of transmission networks. Supported by relatively strong balance sheets, Eskom and the major players in the telecommunications industry should not have difficulty financing their required investments. The position of Transnet is less satisfactory, and so its investment programme will in part depend on restructuring to focus on core freight and port activities.
Drawing in part on experience gained in financing and managing the international partnership through which the Lesotho Highlands Water Project was completed, several important investments in water resource infrastructure over the next few years will be undertaken as ring-fenced self-financing projects. The first of these, involving a new dam on the Berg River, will bring a much-needed supplement to the Western Cape water supply system. Design work is near completion for major water projects in the Mpumalanga and Limpopo provinces.
The fiscal implication is that over the decade ahead the public sector borrowing requirement will widen somewhat, while the more narrowly focused main budget deficit remains around or below 3 per cent of GDP. For the next three years, we anticipate a widening of public sector borrowing from under 1 per cent of GDP in 2002 to 4,6 per cent in 2007, and interest on public debt will stabilize at about 4,5 per cent of GDP.
The acceleration in infrastructure investment cannot entirely be financed through debt. This is of course why the profitability and balance sheets of public enterprises are so important, but it is also why we have put considerable effort into developing a robust programme of public private partnerships, which bring private equity and non-recourse debt finance into selected areas of public infrastructure financing. Treasury projections indicate an increase in capital spending through public-private partnerships from about R2 billion last year to about R5,3 billion in 2007/08.
Public sector investment will make up a rising share of total expenditure in the economy, contributing in turn to improved growth and broadening economic participation. This is part of what we have to achieve in order to see continued robust growth in private business investment, which has expanded at over 5 per cent a year since 2000.
For the public finances, over the next decade, a substantial expansion in capital formation is a requirement for more rapid growth and development, and will in turn require innovative and well-considered financing strategies.
Fourthly, let's reflect on the challenge of deepening social security and income protection.
We are currently stepping up our expenditure on social security, partly to meet continued growth in numbers of child support, disability grant and foster care grant beneficiaries. These social assistance programmes, amounting to some 4,5 per cent of GDP - represent one of the largest non-contributory income redistribution programmes amongst developed or developing countries.
Over the longer term, we need to give careful consideration to the evolution of the social assurance system. Many countries have chosen to finance collective pension arrangements, health care, disability and unemployment benefits through payroll taxes or social security contributions, variously imposed on employees, employers or both. These taxes raise the costs of employment, but on the other hand they contribute to stabilizing labour market participation. The benefit systems rely on centralized administration, which may be cost-effective but tends to inhibit innovation. In general, the social security system gives fiscal expression to a nation's sense of solidarity, provides an important vehicle for both saving and financing income security, promotes social stability and mitigates several categories of household risk.
In last month's Medium Term Budget Policy Statement, we emphasized the critical importance in public policy of getting the sequencing right: targeted incentives and public works programmes play a role in promoting investment and job creation in the short term, while investment in major transport infrastructure, spatial development reforms and an effective competition policy are key long term requirements; investment in education and training is similarly about long term productivity and human development. Reform of the retirement funding environment, improved compensation for work-related injuries or death, reform of the structure of compensation for victims of road accidents, financing unemployment benefits and further evolution of the health insurance environment are separate, but related, elements of our social security reform challenge. Getting these reforms right, and implementing reform initiatives in the right order and within an appropriate and affordable financing framework, are formidable tasks.
You will forgive me for not rehearsing the full set of options and alternative sequencing arrangements. There are aspects of our longer term fiscal policy trajectory on which even the National Treasury has an incomplete view.
But I know you will agree with me that the initiative taken by our major banks, in keeping with a core Financial Sector Charter commitment, to make banking affordable and accessible to all South Africans, has quite rightly been prioritized as one of the first steps on the road to broadening and deepening income security to all. By extending basic banking facilities to all, opportunities are broadened and costs are reduced for so many other kinds of income support and social assurance arrangements.
And more generally, I welcome this crystallization of a private business response to a public interest purpose. There will be varying roles for the public and private sectors in different parts of the social security system, and we need to concentrate efforts on finding the best possible combinations of resources, capacity, service delivery and cost-recovery.
Lastly, let me try to characterize the fiscal outlook in broad terms.
I have put the focus on the long run trajectory of social and economic development. The budget numbers and the monthly price trends and trade statistics fuel the decisions of market participants for whom 45 minutes is a trading horizon and the long term ends on Friday afternoon. But social progress has to be measured decade by decade, generation by generation. And it is because of its contribution to progress over this time line that we chose, a decade ago, to put our fiscal policy stance and budget framework on a sound and sustainable platform.
During 1994 to 1996, following a period of recession and a rapid rise in the budget deficit, Government's Reconstruction and Development Programme was phased into departmental plans and budgets, and a comprehensive reprioritisation of public expenditure was undertaken. The new Constitutional order and its fiscal and financial institutions took shape. The average budget deficit stood an 4,7 per cent and government debt was approaching 50 per cent of GDP.
A period of fiscal consolidation from 1997 to 2000 saw the introduction of medium term expenditure planning, the drafting of the Public Finance Management Act, a strong focus on increasing transparency and accountability in the public finances, substantial investment in tax reform and revenue administration capacity and deliberate coordination of fiscal and monetary policy - leading to the adoption of an explicit inflation target. The budget deficit declined to 2,5 per cent of GDP, public debt began to fall relative to GDP and average borrowing costs fell sharply.
All of these broad strategic policy challenges involve important kinds of cooperation and partnership between the public and private sectors. It is the combination of targeted public spending and expanding market-based opportunities that opens real opportunities for accelerating the pace of social and economic development in the decade ahead. Our Financial Sector Charter provides a framework within which substantial capital resources of the banking sector and other financial institutions will be mobilized in pursuit of public policy purposes. I believe the defining characteristic of the further construction of our financial architecture over the decade ahead will be the quality of partnership, the underlying relations of trust, that we forge in this joint project.
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I have been asked to answer a rather difficult question - "The South African Economy - is our future in fashion" The easiest reply is a resounding YES!!!. But, in the present climate, such a shallow answer will be dishonest. It is necessary that all of us accept that there is nothing pre-ordained about the success of any sector, or indeed any economy. The future of a firm, a sector, or an economy has to be continually strived for; carefully and repeatedly doing detailed analysis of both threats and opportunities. The simple message is "Take nothing for granted"?
It is important that we, as we celebrate these magnificent ten years of democracy, take stock of the lessons that we have learnt. A decade ago, we were fueled by the many promises of support that we had received from governments who told us of how much they rooted for our success and how determined they were to be part of the greatest triumph of humanity. Ten years on, now older and wiser, we can rightly ask what happened to those promises. The harsh reality is the emotional appeal of a post-apartheid South Africa struck no chord in the Cabinet rooms or Boardrooms where decisions were and are being taken. The same message, perhaps amplified many times, is in evidence in the clothing and textile sector.
So, we can wring our hands and weep. We are free and capable of namecalling. We can try and shame our competitors. Regrettably, none of those actions will guarantee the fashion industry in South Africa a future. We will have to rely on the hard road of striving for competitiveness by understanding both threat and opportunity.
One of the memories of my early working life relates to the store. The firm had just introduced the most innovative system of inventory control ever and the storeman was its proud controller. He had been trained, he had read the instruction manuals, and his knowledge of the system set him apart from the rest of the world. That system was, of course, Kalamazoo. Kalamazoo was branded as the best and last system of stock control. I have wondered about this remarkable innovation - if Kalamazoo had so perfected its systems, how did it survive when the first PC was installed in a storeroom Indeed, Kalamazoo did not rapidly shift to a software system, it is, I am advised, now long dead and buried?
Conversely, there are other more uplifting stories of companies that recreated themselves to seize opportunities that arose - probably the best of these companies is NOKIA, which was a manufacturer of wooden brushes for decades, until they saw the niche in cellular telephony. But, even Nokia has to fight for its position as the world's largest producer of mobile phones. Its place is under pressure from a variety of quarters, and as more firms innovate, Nokia's market share is shrinking.
The obvious question to be posed is - what kind of future does South African fashion want?
Does it prefer the comfort of Kalamazoo, because that is how things have been or will it brave a Nokia option, because that is where the future is likely to be Again, it seems all too obvious. An industry that prides itself on leading edge, quick route-to-market, short run, high-turnaround as the fashion industry does, actually is left without choice?
There are some tough realities that the industry will have to engage with. Let me be sufficiently impolite to share some of these with you.
The first of these is China. It is growing ever stronger as a centre for manufacturing. The government of the People's Republic is demonstrating a remarkable confidence and foresight as evidenced in a recently published interview with Li Ruogo, the Deputy Governor of the People's Bank of China. He said, "China's custom is that we never blame others for our own problem. For the past 26 years, we never put pressure or problems on to the world. The US has the reverse attitude; whenever they have a problem, they blame others." He went on to say that, "The appreciation of the RMB will not solve the problems of unemployment in the US because the cost of labour in China is only 3 per cent that of US labour - they should give up textiles, shoemaking and even agriculture probably. They should concentrate on sectors like aerospace and then sell those things to us and we would spend billions on this. We could easily balance the trade."We may not like what Li Ruogo said, but we will not wish it away.
Furthermore, an overview of the new brands emerging from China is a clear signal that the days of copying are past - Haier Fridges (2003 Revenue $9.75 Billion), Lenovo Computers (2003 Revenues $ 3 Billion) Bird Mobile Phones (2003 Revenues $ 1.3 Billion) and Li-ning Track Shoes, worn by the Chinese Olympic Team (2003 Revenue of a trifling $121million) are all names that will soon be more commonplace in the world. Chinese manufacturing expansion, in an environment of low wages is a major irritant to the clothing and textile industry in South Africa, but we should not become irritated, rather we should ask how to engage with that reality. There are a few features of Chinese industry that are worth reminding ourselves of - Chinese mainland retail sales were almost $ 600 Billion last year, advertising spend was $23 Billion and most innovative companies now spend around 6% of sales value on R & D - partly influenced by the fact that non-Chinese global brands compete actively for a share of the Chinese market. The study of Chinese entrepreneurship will rewrite the history of doing business everywhere.
The second unpleasant fact that we shall have to live with is the exchange rate. Let me restate, the long run perspective of the Rand, going back to 1998, shows that the nominal effective exchange rate is back on the same path it was by to the end of 2000, and that we lived through a trough with its lowest point in December 2001. The trough, and the instability was caused primarily by volatility between the Dollar, the Yen and the Euro. When one compares s the picture of virtually all traded currencies against the US $ the picture is virtually the same. Over the past twelve months the dollar has depreciated by about 10% against most emerging market economies, and substantially more against the Euro and the Yen. And, as is argued by Martin Wolf in a newspaper piece today, the world must adjust to the dollar's inevitable fall. The fundamental issue at play is that the US current account deficit is unsustainable and its fundamentals unsound. To plead that we, somehow, get the Rand to depreciate is only going to be possible if we destroy all of the hard work which went into building a strong economy over the past ten years.
The third unpleasant fact that this industry will have to deal with is the peculiarities of its sectoral labour market. Indeed the sector has a wonderful strength in its people - some of whom are employed in large factories in cities like Cape Town and Durban, and remunerated by norms of sectoral bargaining, other workers are employed in factories in rural-ish areas such as Botshabello whose wages and working conditions will be fundamentally different from their colleagues in the cities, and thirdly, there are tens of thousands of skilled workers gainfully employed in backyard CMT shops. I am of the view that the industry will have to grasp the nettle of the co-existence of a pretence at rigidity and the reality of inflexibility more firmly. I do not know what the approach ought to be, but I am bold enough to say that pretence is an illusion which will do little for the future of the fashion industry in South Africa.
The fourth tough reality the industry will have to deal with is the ability to mask uncompetitiveness with practices that will destroy this industry. I am now more convinced that practices in the use of Duty Credit Certificates will destroy this industry. Employers tell me that the DCC's make good their exchange rate losses, so they sell these DCC's to brokers, who sell them on to retailers, who use them to import cheap foreign goods duty free, which destroys jobs in the industry, which further cuts the profitability of the employer who first traded the DCC. My submission is that this practice is far more pervasive and pernicious than the occasional container of smuggled goods. Why does the industry not root out this bad practice?
The fifth tough reality is that the industry and all its part is yet to decide what it can do well. I would hazard that the bulk of haemorrhaging is in those parts of the industry focused on copying the wor of others. Fashion, after all is driven by its uniqueness and the success of the marketing of the combination of uniqueness and beauty. In discussion with a local manufacturer recently, I marveled as he talked me through changes in his factory - from a situation where they bled jobs, to one where in January 2005 he will expand his workforce by almost 15% - only because they gave time and effort to considering what their strengths are and abandoning that in which they simply cannot compete for a living.
Let me conclude - in tough love style _ I am aware that these are the same points I raised last year. Yes, I want to see a prosperous and growing future for the South African fashion industry. I am painfully aware of just how tough life in the industry is, but I remain convinced that as we fundamentally changed the South African automobile industry, we can and must pull out all stops to transform the fashion industry. This Imbizo is an important part of that process, but only a part. The changes we need, not for survival but for growth will be far greater than those discussed here this week. But the changes will have to be informed by realism, not pity, not an appeal to justice, not complaining over Chinese wage rates. The realism has to include an acceptance of what we can do better, and to do it well. That is ultimately the choice that you, as industry leaders must make. Government will back you, but you must demonstrate the vision and leadership.
<fn>GOV-ZA.2004113001En.2012-02-10.en.txt</fn>
The Prevailing Interest Rates are determined on the last business day of the month (30 November 2004) and are applicable from the first day of the month (1 December 2004) until the last day of the month (31 December 2004).
2-year Retail Bond: 8.25% 3-year Retail Bond: 8.50% 5-year Retail Bond: 9.
<fn>GOV-ZA.2004113002En.2012-02-10.en.txt</fn>
To establish an internship programme to grow the number of experienced black transaction advisors in South Africa's PPP market. The implementation of these three steps will establish PPPs as leading contributors to South Africa's BEE over the coming years. The Code of Good Practice for BEE in PPPs, issued in terms of the Public Finance Management Act as National Treasury PPP Practice Note Number 3 of 2004, is published in National Treasury's PPP Manual, and can be downloaded from www.treasury.gov.za (go to the PPP icon).
The Ministry of Finance is pleased to make the following two announcements in this regard.
In a path-finder move, National Treasury's Public Private Partnership Unit (PPP Unit) and the Development Bank of Southern Africa (DBSA) - with determined innovation from the Department of Foreign Affairs' PPP project team - have structured a tailor-made PPP facility to significantly lower the cost of capital for black shareholders in PPP projects, and to support pre-qualified black parties with independent legal and financial advice.
This follows the commitment made by government in the Code of Good Practice for BEE in PPPs (issued in August 2004) to proactively pursue these two interventions, both of which are widely understood to be essential if PPPs in order to produce the optimal BEE results envisaged in the Code.
The DBSA managed PPP financial instrument is launched as part of the Department of Foreign Affairs' head office accommodation PPP, now in its pre-qualification stage of procurement. The facility will be made available for other project finance-type PPPs in which a government institution makes unitary payments on agreed quality service delivery by the private party. Interest will be charged according to the risk assessment of each loan at DBSA cost of capital rates of between 1% and 2%.
Comprising three loan elements (A, B & C) and a technical assistance grant element, the facility offers an integrated financing package to black partners in the bidding consortia who are seeking to raise funds for the purchase of equity in the private party.
The Category A loan is offered to black companies in the consortia that participate directly in the design and construction sub-contract to the private party. The term will match the construction period, with the balance rolled into the category C facility.
The Category B loan is offered over a 15-year term to black companies in the consortia that participate directly in the facilities management sub-contract to the private party.
The Category C loan is available over a 15-year term for black companies seeking to take a passive equity position in the private party. Being dependent on dividend flows only, it is therefore more risky of the loan instruments.
The principle is that the category A and B loans are partly secured by the relatively low-risk revenue streams due to the participants in the PPP sub-contracts, not just by dividend flows.
All the loans will, however, also be secured through cession and pledge arrangements, debt service reserve accounts, various direct agreements with sponsors and lenders in respect of stepin rights, and commitment fees. DBSA security is not subordinated to lender security. Arranging and underwriting fees of 1% apply to each loan.
DBSA will support the black enterprises' performance bonds during the construction phase, and not during operations. DBSA is also expected to provide a small percentage of the senior debt to the private party.
A critical element of the package is a technical assistance grant offer to all black partners in the pre-qualified consortia. DBSA will provide a suitably-capped sum per consortium to allow the black partners to hire quality, independent, financial and legal advisors of their choice. Their services may also be extended for the development phase of the agreement.
Two-year internship placements on Public Private Partnership (PPP) project transaction advisory teams are on offer to young black professionals with post-graduate degrees in commerce, law, accounting, engineering and related analytical disciplines.
The Code of Good Practice for BEE in Public Private Partnerships, issued in August 2004, commits government to establishing an internship program to "grow the number of experienced black transaction advisors in South Africa's PPP market."
The National Treasury PPP internship scheme plans to 'graduate' 200 interns over five years. In a two-year internship period, each young professional will gain direct, hands-on experience working on the financial, legal and technical aspects of PPP projects through their feasibility and procurement phases. Successful interns are expected to be in demand for positions in government treasuries, banks, and advisory companies.
The offer has been presented to students at campus briefings in the last few months, and applications have now closed for the 2005 intake.
Positive consultations have been held with current PPP transaction advisors (including law firms, financial advisors, engineering companies, facilities management advisors), all of whom have enthusiastically offered placements for the interns.
The first group of 25 interns is scheduled to be placed with these firms by March 2005.
For more information, contact National Treasury PPP Unit, Sue Lund 082-898 5758.
<fn>GOV-ZA.2004120201En.2012-02-10.en.txt</fn>
The National Treasury wishes to announce that the International Monetary Fund released its 2004 Article IV Staff Report on South Africa today.
South Africa's external position has strengthened over the past year. A major milestone was reached with the closure of the South African Reserve Bank's forward book in the foreign exchange market in February 2004, and the SARB has since replenished its net international reserves. A further increase in reserves would help reduce currency volatility and keep long-term interest rates low. As at the end of June 2004 gross reserves stood at US$ 11.4 billion, while short-term debt is estimated at around US$ 11 billion.
South Africa's external debt situation remains very comfortable.
A budget deficit in the region of 3 percent of GDP should be considered the upper limit of what is desirable to maintain macroeconomic stability and to keep indebtedness under control. An important spending initiative that has been adopted is the universal provision of antiretroviral MIV/ AIDS drugs through the public health system. The deficit for 2004/05 is targeted at 3.1 percent GDP, compared with a deficit of 2.
Rigidities, skill deficiencies, and relatively high costs in the labour market impede efforts to reduce unemployment. It is proposed that more be done to enhance job skills, remove barriers job creation, and increase labour mobility.
Further liberalization of South Africa' trade regime and implementation of the privatisation program should be stepped up as it would raise productivity and enhance South Africa's international competitiveness.
The implementation of initiatives that reduce income and wealth disparities is necessary and desirable for maintaining social cohesion.
South Africa continued to play a leadership role in conflict resolution and poverty reduction in Africa.
For further information please contact Thoraya Pandy on 012 315 5944.
<fn>GOV-ZA.2004120601En.2012-02-10.en.txt</fn>
Good evening ladies and gentlemen. Thank you for inviting me to address you this evening, at this place of learning that has contributed so decisively to the struggle against apartheid.
Education is about discovery and self-development. The creation and transfer of knowledge is the basis on which our people and our societies grow. It is both the basis and fruit of our human emancipation, and deserves therefore all the protection and nurturing our societies can provide. But education has responsibilities as well, and one of them is to ensure that we identify and qualify the statements of what we know, do not know, and cannot know.
In the field of economic policy, the realism and clarity that ensues from that identification process is particularly difficult to achieve. Even the best statistics are only comprehensible through the medium of models - themselves necessarily simplified distortions of our complicated 'real' world.
For all of us, governments, civil society, firms, unions and the academic community, the ambiguities of the real world and our need to represent it in intellectual constructs opens up endless scope for subjective interpretation and argument. But to even this there must be a limit, and our development of knowledge, no matter how flawed, helps to identify those limits and frame the decisions needed to progress the project of human emancipation through development.
For Africa, the application of knowledge to decision making is no less complex than in other regions of the world. Our history has set out many obstacles to overcome.
Africa's initial challenge is to achieve economic development, which I define simply as the sustained increase in income of all members of society so as to be free from material want. One aspect of that challenge is to achieve development in an interdependent world. That is a world in which goods, services, people, capital and knowledge flow relatively easily across national borders with large net benefits to economies.
African development can and will benefit from economic and political interdependence with the developed world, other emerging markets, and other developing regions. Interdependence can be a trigger for Africa's development. Positive outcomes from interdependence, however, are contingent on how we define the current state of dependence - and how we implement the domestic and international policies that enable us to move from dependence to interdependence.
In the postwar era, Latin America, Africa and Asia, in varying degrees, embarked on a road to democratic institutions and market-driven, state-assisted economic development. With an overly large number of exceptions, most have progressed. Our global environment is not benign, despite considerable effort that has been applied to reduce its worst effects.
We have set ourselves a global metric for improving the living conditions of our people called the Millennium Development Goals (MDGs). It is a route to economic development and rising living standards in an interdependent world. The MDGs provide many intermediate and final objectives, and few specific means of achieving them.
The Monterrey Consensus, alternatively, provides recommendations on how to achieve the MDGs. For Africa, the New Partnership for Africa's Development (NEPAD) further specifies actions, institutions and policies at the regional level. At the national level, Poverty Reduction Strategy Papers (PRSPs), Medium Term Expenditure Frameworks (MTEFs) and other national plans provide the focus for domestic action by governments and states.
At each level, global, regional and national, however, the will and means to implement these programmes are not always evident. One reason for our implementation problem is that economic development is heterodox - it happens in different ways in different countries and regions of the world. At the same time, at national and regional levels, obstacles exist that lie outside the competence of the MDGs or Monterrey to define adequately. Some countries for instance remain weighed down by the political legacy of colonialism, which affects the ability of our societies to agree to the basis on which peaceful social and individual interaction will occur.
Such legacies also continue to influence our economic development and define Africa's dependence and underdevelopment.
Economic development demands some fairly basic prerequisites, among them macroeconomic stability, a solid expectation of benefits from investment and innovation, and political stability. A fourth has been defined by Dani Rodrik as "the desire to integrate in the world economy," primarily exhibited by attracting foreign direct investment and exporting goods. Perhaps more importantly, such goals need to be pursued by states capable of achieving them, which also means being able to decide if specific policy A is a more appropriate, efficient or simply easier route than specific policy B.
To this day, infrastructure networks service colonial-era trading relationships rather than the needs of diversified industries catering primarily to domestic markets. In addition to the need for economic diversification, Africa's economies must expand financial, health and education services beyond a narrow circle of elites - average government expenditure in Africa is 25 percent of GDP - roughly half that of developed economies. Public financial management systems need to be developed, alongside revenue administration and effective public service delivery. At the basis of such efforts should be some form of social contract that enables individuals and diverse social groups to say 'this is my government and my state,' and which facilitates the holding of governments and public officials to account.
The state has an active role to play in each of those elements of economic development. But to be able to fulfill that role, African states need to radically increase their capacity -- weaknesses that can be overcome through extensive and intensive capacity building and technical assistance.
Our dependence can also be seen in other ways.
1 Dani Rodrik, "Rethinking economic growth in developing countries," Harvard University, October 2004.
Few developing countries can borrow in their own currencies.2 The foreign currency denomination of their debt is affected by policy in the issuing country. Total external debt in Sub-Saharan Africa, excluding South Africa, is estimated to be $186,7 billion with the gross geographic product of the same area is about $217 billion. So, assuming US dollar debt, as the US dollar depreciates and appreciates, the cost of servicing dollar-denominated debt fluctuates in the developing country.
In the event of a currency crisis, interest payments in foreign currency rise, causing deeper recessions. Estimates by Hausmann and Rigobon show that after shocks, debt to GDP ratios in a large sample of developing countries have risen 10-20 percent higher than would have been the case with debt denominated in local currency.
One way of dealing with this was the Argentine approach of using a currency board, but this meant, as with any fixed exchange rate regime, that Argentina was adopting US monetary policy. In the 1990s, US dollar appreciation from massive and sustained capital inflows enabled the US to keep interest rates low, but reduced exports from Argentina. High productivity growth in the US kept the economy growing, but the same could not be said for countries with dollar-debt. Slower growth in exports and lower productivity meant that those countries' service costs rose, and when growth slowed their debt and macroeconomic policies became less sustainable or, in fact, unsustainable.4 2 Barry Eichengreen and Ricardo Hausmann have termed this "original sin." See for instance Eichengreen and Hausmann, "Original Sin: The Road to Redemption," October 2003.
3 Ricardo Hausmann and Roberto Rigobon, "IDA in UF: On the benefits of changing the currency denomination of concessional lending to low-income countries," draft paper.
4 So long as it is not offset by lower inflation, lower productivity growth in one country in a fixed exchange rate regime results in a real appreciation of that country's exchange rate, reduced competitiveness and lower profitability.
At the same time, any attempt to improve export growth through real depreciation of the exchange rate when one has foreign currency debt, essentially lowering domestic costs relative to ones trading partners, causes debt to rise and the ability to service it deteriorates. A veritable catch-22.
The result is that when you have high foreign currency debt you are severely constrained - both fixing the exchange rate and deliberate depreciation can lead to crisis. All of this is exacerbated by the premiums developing countries are required to pay in order to borrow at all, which for stable emerging market borrowers over the past two years have fluctuated between 200 and 500 basis points above the yield on US Treasuries. However, international capital markets are closed to the bulk of African countries with only 3 out of 53 countries having access to capital markets.
Now, consider the problem of African countries that depend on commodity exports, or a small number of exports that constitute the bulk of export earnings. With commodity prices declining over several decades, many developing countries don't even need to incur more foreign currency debt to become unsustainable - the trend decline in commodity prices does it for them at any given level of debt.
Abrupt short-term swings in prices can prove to be especially damaging. Oxfam reports that coffee prices fell by 50 percent in three years, ostensibly due to an oversupply of 8 percent relative to world demand.5 In countries dependent on commodities like Uganda, these shifts in prices destroy overnight their ability to service foreign currency debt. Burundi depends on coffee for about 80 percent of their total export revenue. With coffee prices falling by 50 percent, Burundi's total export revenue declines by 40 percent.
5 Oxfam, Mugged: Poverty in your coffee cup.
thereby reinforcing the deterioration in their ability to service foreign currency debt. Coffee retailers have maintained their profit margins by raising prices - which reduces growth in demand relative to supply. Coffee farmers in developing countries receive 18 percent of the final retail price, down from 64 percent in 1984.6 Ugandan growers receive 2.5 percent of the final retail price of coffee sold in the United Kingdom.
Macroeconomic management has improved greatly across the developing world. Average inflation rates are low.
10.1 percent in 2004, with the high inflation rate countries the exception rather than the rule.7 Excluding Zimbabwe, Angola, Mauritius, Mozambique and Zambia, today's average country in the Southern African Development Community (SADC) has an inflation rate about 5 percent, has GDP growth of over 3 percent per year, and small fiscal deficits - the average for Sub-Saharan Africa for 2004 is expected to be 2,3 percent excluding grants.
Those macroeconomic results are considerably better than that of the average European economy in the 1920s, 1930s, or 1970s.
The dependence created by the inability of developing countries to raise foreign debt in their own currency could be broken in various ways.
6 "Europe and the coffee crisis: a plan for action," OXFAM Briefing Paper 36.
7 Inflation rates can be grouped: Angola, Zimbabwe have very high rates (56.1, 350%); Mauritius, Zambia, Mozambique, Malawi are high (around 19%); Gambia, Niger, Ghana, Guinea, Sierra Leone and Madagascar are moderate (10-12%), and the remainder, including much of SADC and East Africa, and all of SACU have inflation rates around 5%. IMF, Sub-Saharan Africa Regional Economic Outlook, October 2004.
developing countries using an inflation-indexed domestic currency unit of account.
This could be created from a basket of developing country currencies in order to spread risk, and would require only a very marginal increase in yields to compensate for the small additional risk. In times of economic stress, debt burdens would not rise, GDP would be less volatile, and overall welfare significantly improved.
As I noted in the example of coffee prices, market structures also need to be addressed. Fair and competitive market structures are as important for efficient international commodity markets as they are for national markets and have public goods aspects to them. It is simply not true that all efforts to liberalize markets, especially markets for internationally traded commodities, will inevitably lead to more transparent pricing reflecting the balance of supply and demand. As states and regulators withdraw from commodities markets, other actors move in, especially very large corporations and consortia of wholesalers and retailers who are able to structure the market in ways that favor themselves.
In the case of gold, higher prices increase the opportunity cost of holding gold and a number of central banks have recently sold gold, despite the costs imposed on developing country producers. In essence, these gold sales redistribute the costs of holding gold onto producers. Some governments also advocate raising funds for good causes by selling IMF gold holdings, which perpetuates our state of dependence - taking with one hand while giving with the other. A serious approach to raising finance for development or debt relief needs to be in the form of a transfer from rich to poor, not from poor to poor.
8 Ricardo Hausmann and Roberto Rigobon, "IDA in UF: On the benefits of changing the currency denomination of concessional lending to low-income countries," draft paper.
The Monterrey Consensus suggested that, as an international community, we had arrived at a basis of partnership. Developing countries were meant to undertake policy and institutional reforms. Developed countries agreed to assist in those efforts and to create an enabling international economic environment.
While efforts to stem the tide and reinvigorate economies in the developing world are helpful, they are also utterly insufficient for the simple reason that far too many of the policies and practices of developed countries weigh against them.
Sadly, the developed country practices of cultural exclusion, economic protection, political manipulation and favouritism in the developing world have not disappeared with the dismantling of the Berlin Wall. On the contrary, they have become subsumed in neutral-sounding processes like donor aid, trade negotiations, and international financial architecture.
Trade policy is perhaps the most obvious problem. What good is so much financial aid from the West if developing countries cannot export agricultural products Financial aid from developed to developing countries can be understood as a welfare transfer to compensate, but in an environment of weak corporate and economic governance and fragmented donor assistance, it creates dependency?
We need to think seriously about the use of aid by developed economies. Surely, economic gain plays a role in allocation, and much of that can be dressed-up as mutual benefits for recipients and givers of aid. But another component is also clearly a function of strategic interest. How much assistance has gone to South Korea in the last few years as a result of concern about North Korea?
We know that Egypt and Israel are amongst the largest recipients of aid from the US, in part to help maintain relative stability between the two. And while we need to recognize the importance of aid to those peace efforts, it is also important to realize that the world has changed. New conflicts, new sources of poverty, new efforts to marginalize the poor are occurring in other parts of the world - but our development partners focus instead on ensuring debt relief and aid is reallocated to Iraq in a vain attempt to cauterize the wounds of that particular war.
The distribution and systems of distribution of aid needs to change, above all because the overall allocations must increase dramatically just to meet our MDG commitments. Perhaps most importantly, we know that underdevelopment and marginalization breeds conflict - a new allocation of aid should reflect that.
The question of how to finance the MDGs has fuelled numerous high-level discussions, the conference at Monterrey in 2002 being the most significant. Along the way, several worthwhile proposals for providing finance for the MDGs have been made, among them the International Finance Facility and global taxation.
Yet despite the suggestions, the international community has so far failed to even plot a way forward on this issue. Implicit in the Lula/Chirac paper is the idea that different options may need to be chosen, depending on what individual countries are able to sign up to from a legal and/or political perspective. Such a "variable geometry" to international financing may help to resolve the current deadlock on progressing with financing, and could be accommodated within an overall framework of monitoring overseen by the World Bank.
The failure to reach agreement on financing, however, also points to the inadequacy of the current decision-making structures for international economic affairs. Reform is necessary, and in my view, if developing countries had a greater say in the running of these institutions, there would be a much greater sense of ownership. In the long run, this would result in better-designed and more appropriate policies - and, over time, declining financial costs.
Addressing exogenous shocks in a less conservative manner would also lower the longterm costs of development. The African continent in particular is highly vulnerable to shocks, be they a sudden drop in the price of an important export commodity, a drought, or exchange rate devaluation. The frequency and severity of shocks has been growing. For example, a recent Commission for Africa paper points out that 44 African countries have suffered natural disasters in the last 10 years. 9 In addition, 28 African countries are judged to be potentially vulnerable to aid shocks, due to their high aid dependency ratios, and 24 countries are very vulnerable to export shocks, because they depend on only one product for more than 50% of their export revenues. And at least 13 African countries have suffered foreign private capital crises over the past 10 years.
Unfortunately, donors contribute further to the uncertain external environment, with unpredictable delivery of aid. The Bretton Woods Institutions have been much better in that respect, providing on-budget support and multi-year commitments. Much has been said about the importance of donor co-ordination but there seems to be little evidence of this happening on the ground.
I have suggested that the development of domestic markets is needed in African economies. But it is also true that our economies are small. For that reason, regional and continental integration of markets is critical to market development, growth in nascent industries, and for diversification. Without serious advances in trade integration, Africa's economies will remain at the mercy of destabilizing terms of trade shocks and other asymmetric shocks that set development itself back by decades.
9 Martin and Bargawi (2004). Protecting Africa Against "Shocks", Africa Commission Background Paper.
We can begin making sense of the current chaos in trade policy in Africa by ensuring that our multilateral trade relationships are sound. Our share of global trade is currently very small. However, the removal of trade-distorting subsidies in the developed world will create significant opportunities for African exports. Many developed countries in particular heavily subsidize agricultural products - precisely the area where some African countries have a comparative advantage.10 Phytosanitary rules limit our ability to raise income from exports in order to invest in the production techniques that will meet those standards.
Greater transparency of intentions would also be helpful - the EU's request for Africa to divide into groups to negotiate 'economic partnership agreements' (EPAs) does little to help Africa coordinate its trade policies - thereby reinforcing the legacy of our colonial economic relationships.
Ultimately, progress on trade liberalization needs to carry through into the African continent, with rationalization of regional trade blocs and lower tariffs between the blocs.
Simply put, we must identify and establish the regional and continental trade regimes to facilitate our own economic diversification and development. We are progressing toward that goal through the articulation and implementation of NEPAD and the establishment of Regional Economic Communities. These plans and processes are the central effort by Africans to counter the dependence that impedes our economic development by setting out a new basis for a positive form of interdependence.
10 According to a recent study, reduction of merchandise tariffs by developed countries and middle income countries, along with the decoupling of agricultural support and an end to agricultural export subsidies, would produce additional income for developing countries of nearly $350 billion, and would reduce the number of people living below the extreme poverty line of $1 per day by 61 million by 2015.
Regional economic integration, as the G20 recently noted, can be an important means of achieving greater gains from trade. In Africa, pursuing that integration through Regional Economic Communities, is a necessity. Such communities will enable us to create and share markets of significant size, standardize our regulation of them and create business certainty and confidence, thereby facilitating investment and spurring industrial and service sector diversification. In sharp distinction from our colonial legacy, infrastructure planning and rollout can then follow and facilitate market development.
Africa's economies exist in a state of dependence rather than interdependence, which is damaging to Africa and the rest of the world. It limits our growth, increases our fragility, and makes our economies poor trading partners. And while historical legacies play an overly large role in defining our dependence, it is also true that our development partners even today take decisions and impose obstacles to the sorts of reforms needed to help us in our struggle for interdependence.
When we talk about regional economic communities, the Bretton Woods Institutions tell us to forget such ideas and unilaterally liberalize. Yet, Western Countries maintain distorting trade subsidies. African countries are likely to be negatively affected by unilateral trade liberalization.
Financing development too often comes at our own expense. Foreign currency debt and markets structured to reduce prices of our commodities foster dependence by preventing us from using our income to build state capacity, diversify, or provide sufficient social services and infrastructure. Donor aid is designed primarily to benefit the economies of the givers rather than those of the recipients.
Under such circumstances, it should probably not be surprising that Africa's own efforts to develop, including NEPAD and the African Peer Review Mechanism (APRM), are cynically undermined in advanced economies. While we struggle to end dependence, our development partners scorn the very concept of interdependence. The great economic challenges of our day - widespread poverty and global imbalances - are reflections of our unwillingness to use knowledge for its best purposes.
<fn>GOV-ZA.2004120801En.2012-02-10.en.txt</fn>
The Primary Dealers in Government Bonds of the Republic of South Africa are required to provide constant liquidity in the secondary market by quoting, on demand, continuous and effective two-way prices at which they stand committed to deal, in 10 million lots of the Government benchmark bonds with a minimum total nominal outstanding amount of R10 billion.
The Government benchmark bond, the R203 (2017: 8, 25%) has reached the minimum requirement of R10 billion. Consequently, the Primary Dealers are obliged to make market in the R203 as required by the Rules in Respect of the Primary Dealers in Government Bonds of the Republic of South Africa.
The R203 may be quoted at nominal minimum amounts of R10 million between Primary Dealers as well as other market participants, at the maximum bid-offer spread of 10 basis points.
The Primary Dealers have exclusive dealing rights in Government Bonds with the National Treasury and the funding agent, the SARB.
<fn>GOV-ZA.2004121001En.2012-02-10.en.txt</fn>
These demarcated zones are designed to stimulate investment in inner city areas in terms of the Urban Renewal Tax Incentive (s13quat). This innovative incentive in the form of an accelerated depreciation allowance is aimed at promoting refurbishment and new construction in inner city areas that are in decay. The benefits of this incentive are to revive our inner cities, create more jobs and attract more people to live and work in these cities.
For the refurbishment of existing buildings, investors are eligible to receive a 20% tax deduction in the first year of earning income, plus an annual depreciation of 20% over a four-year period. For new developments, this incentive offers a tax deduction of 20% in the first year, plus an annual depreciation of 5% for the next 16 years. This ultimately leads to a substantial subsidy that should stimulate the inner city's property sector. This incentive is extremely novel in that it allows the accelerated depreciation to be set-off against any other income (including personal income tax) and not only income from that particular building (as long as the building is receiving an income or used for the person's trade). For individuals and companies, this incentive offers a great opportunity to invest in the inner cities, or to maintain their current investments and participate in urban renewal and development. (See attached guide which provides detailed information)..
The incentive will also support government's housing policy, as it encourages private investments in affordable rental housing in the inner city. It will complement other initiatives such as the formation of business-improvement districts, which allows the private sector to provide supplementary urban management in the form of additional security, cleaning and marketing services.
The Urban Renewal Tax Incentive will take effect on December 10 2004 for the seven municipalities and will be published in Government Gazette no 27077 tomorrow.
This incentive is available for 16 municipalities in terms of the Revenue Laws Amendment Act, no 45 of 2003. With the nine approvals, this leaves seven municipalities outstanding. The application for Msunduzi (Pietermaritzburg) is at an advanced stage. The National Treasury has also received applications from Polokwane (Pietersburg), Ekurhuleni (Kempton Park), Nelson Mandela Metropolitan (Port Elizabeth), Mafikeng and Matjhabeng (Welkom) municipalities. No proposal has been received from Emalahleni (Witbank) and the National Treasury is working closely with this municipality to ensure that they are able to submit their application shortly.
The demarcated areas have been chosen by municipalities, and approved by their councils before seeking the approval of the Minister. Enclosed are maps for each of the seven areas.
The Buffalo City UDZ captures the Quigney and Beach area. The Quigney area is situated between the East London CBD and the Central Beach Front and consists of a northern, western and coastal edge. The coastal edge starts at Esplanade and John Bailie Road and ends at the area known as Signal Hill. The western edge, from Signal Hill, joins up with South Street and excludes the Harbour area and ends westwards along Stephenson Street and cutting northwards along the western boundary known as the 'Triangle' joining up with Avenue Street. The northern edge, south eastwards along Avenue Street, joins up with Commercial Road and ends by following John Bailie Road north eastwards to the intersection with the Esplanade.
The Emfuleni UDZ area includes the Vereeniging CBD that comprises of two strips forming a T-shape, running in an east-west north-south direction respectively. The Vereeniging CBD has an elongated linear structure primarily along the main provincial route (Johannesburg / Voortrekker Road) that transverse the area. The designated urban development zone encompasses the core CBD, including the commercial and noncommercial land uses. It starts at the main entrances into the CBD from the north (at the railway line bridge and De Villiers road) and the west along Edward Street to the Rail line that forms the boundary in the east and the north. The urban development zone is demarcated to capture all the entrances to the city (north, south, east and west).
Mangaung has demarcated a UDZ area that includes the Bloemfontein CBD with the northern boundary being Alexandra Road, the eastern boundary being the railway line, the southern Boundary being Franoken and the western Boundary being First Avenue.
The Mbombela UDZ area consists of the Nelspruit CBD, which is the gateway to the tourism industry in the Lowveld region. The Municipality focuses on compacting the area by means of promoting urban corridors, urban development nodes and urban edges. The area starts at entrances into the CBD from the northwest corner moving east along the northern boundary (along Andrew St, Henshall St, Bester St and Currie St), south along the eastern boundary until the intersection with Ferreira St, west along the southern boundary until the intersection with Sitrus Cresent and north along the western boundary (along Sitrus Cresent).
The City of Tshwane UDZ area includes the CBD, parts of the Nelson Mandela Development Corridor, parts of Pretoria West adjacent to the central business district and Marabastad.
West: Schutte Street / Railway line up to Soutter Street in the south and Retief street in the north.
South: Railway line up to Nelson Mandela Drive.
For further information please contact the following people.
The gazette provides details on the boundaries of the urban development zones. Potential investors are invited to our website www.treasury.gov.za under the local government icon to view the gazette, as well as a guide for investors on how the incentive works.
<fn>GOV-ZA.2004123001En.2012-02-10.en.txt</fn>
The Prevailing Interest Rates are priced off the government yield curve, and will be changed if the yields of the RSA Government bonds move (negatively or positively) by more than 50 basis points.
The Prevailing Interest Rates are determined on the last business day of the month (30 DECEMBER 2004) and are applicable from the first day of the month (1 January 2005) until the last day of the month (31 January 2005).
2-year Retail Bond: 7.50% 3-year Retail Bond: 7.75% 5-year Retail Bond: 8.
<fn>GOV-ZA.2004181001En.2012-02-10.en.txt</fn>
We are here today to recognise the efforts of men and women who take the well being of South African's to heart.
You may wonder why I make this grand declaration.
What is so special about these research awards you may ask?
It is, of course, the subject matter.
Research done on saving is important, vitally important to all South Africans.
I base my statement not only on cold, economic theories but also on the express knowledge of life experience, seeing what saving can do for the individual household, the insurance that it provides for individuals and the suffering that people go through, if they do not enjoy this kind of insurance.
The intellectual rigor displayed by all of you today is encouraging. I have heard it said that higher savings are South Africa's recipe for higher growth. Your research constructs the kitchen in which this recipe will be tested.
Savings and growth go together like port and heat in the making of a flambé.
The swoosh of the flame transports the dish to another level.
And in this way savings and growth will raise South Africa to a higher level, they will raise South African households to higher levels of independence and security.
The evidence is ambiguous as to whether savings lead to growth or whether growth leads to savings. Who of you here can tell me if it is the port or the heat that creates the flame It is this ambiguity that provides the challenge for academics, researchers and policy makers to invest energies in the pursuit to find an answer. It is for this reason that we are here so early today?
This ambiguity notwithstanding, what I do know is that savings are an integral ingredient in the recipe for a greater South Africa with wealth and opportunity for all. We must however, understand that savings are only one part of a larger set of conditions associated with sustained growth. People may ask the question, Why are savings a part of this recipe?
High growth countries tend to grow in ways, which require investment in plant and machinery. For these investments, we need savings. Necessarily, if a country cannot raise enough savings to meet investment demand, it has to attract these from the rest of the world. This does not come cheap - it comes at a premium.
But why then are savings only one ingredient of the recipe?
Investment in inappropriate assets will not necessarily increase domestic output. This would depend on the nature and quality of the investment. Inappropriate investment strategies may even have the opposite effect as seen in the East Asian crisis. More needs to be done to direct investment into productive assets in the economy. This therefore, means that as we strive to raise savings to fund higher investment, we need to be cognizant of the potential pitfalls of poor intermediation.
Saving is only one part of the recipe because South Africa is an open economy and with all the benefits that come with this, there are also some obligations.
Our challenge remains to ensure competitive returns in the South African economy and to build a winning society and to ensure that we are able to attract capital to supplement our needs.
We have built a solid platform of macroeconomic, fiscal and monetary policy on which to raise the economy's growth potential and continue to attract foreign capital.
You all know or have heard that South Africa is starved of savings. Our savings level as a percentage of GDP has fallen to 14,5 per cent in the second quarter of this year from highs of over 20 per cent during the 1980's.
Within this context the government has done a lot to decrease dissaving. Interest on public debt has fallen from 6,4 per cent of GDP in 1996 to 4,7 per cent in 2003. We have brought the deficit to GDP ratio down to international norms from highs of almost 7 per cent in 1993 to current levels around 3 per cent and we have embarked on much needed investment by the public corporations. The challenge we remain with, is to further improve the quality of the deficit. This is a huge challenge given the wide social deficit that South Africa is faced with. Whilst there is a strong consciousness towards increasing capital expenditure, this is met with real competing needs for consumption expenditure. Cognizant of this difficult balance, we are determined to stay the course to improved quality deficits.
We have improved the kitchen in which we cook up this recipe for higher growth in South Africa. We are increasing education, increasing access to medical services and improving nutrition. We are working within a stable, low inflation macro-economic environment to lower unemployment and we are continuously reviewing the unintended consequences of the policy framework. Inflation has been within the target range of 3-6 per cent for a year now. Inflation for August declined to 3,7 per cent y-o-y.
As you all know, the corporate sector contributes the most to gross saving in the South African economy and as such is the staple ingredient in the recipe for higher growth in South Africa. In the second quarter this savings figure stood at 11,5 per cent, although down from 12 per cent in the first quarter. Rightly so.
Our development challenge will only be overcome in partnership. It is incumbent on business and government to work together to secure the success of our economy.
Government can and will provide the space and environment for business to thrive.
Business must remain true to the vision of a prosperous future, driving innovation, creativity and growth.
But what about households?
We know saving is good for the economy as a whole, which is always good for the citizens of such an economy. But do savings matter for the individual, who is scraping together a living, with barely enough money to feed herself, let alone nher family and keep a roof over their head - if as much?
Household savings as a percentage of GDP have averaged only 3 per cent in the last couple of quarters, and, if we take into account the fact that there was an improvement in real disposable income, shows an alarming trend for households. Savings as a percentage of disposable household income averaged a mere 0,5 per cent in the second quarter against 54,8 per cent household debt to disposable income. The debt ratio has, however, not yet reached the highs of the late nineties and seems sustainable in view of the declining trend displayed by banks' non-performing loans.
The worsening savings picture for households can be explained by a number of factors, principal of which are growing dependency ratios. It is important that we arrest this trend. The only way in which we can achieve this in a sustainable manner, is to increase the participation rates in the economy. The two ways of realising this is through higher employment creation and speeding up of the broad based empowerment programme.
So why do household savings contribute only partially to the flavour of our recipe for a greater South Africa And not a more substantial, meaty ingredient?
The first argument that usually comes to mind is that there cannot be money left after taking care of basic needs in the lowest income groups. But we have seen a proliferation of micro loans to this segment. Repaying debt implies potential ability to save!
We have seen innovative credit products developed by financial institutions. And we have seen very little innovation in the way of access for the poor and marginalised to savings products. And I mean savings products that will not erode the real value of savings over time with charges eating away at the little surplus these people are storing away for lean times.
We applaud the financial sector reform initiative, which has shown awareness and displayed sensitivity to this issue. The launching of u-Mzansi account on the 25th of this month, is huge leap in the way in which we increase access for the South African poor.
The evidence of strong savings into informal structures like stokvels and burial societies have prompted us to identify greater access to savings products for the poor and marginalised in our society.
Increasing access to saving services with legislation for second and third tier banks as well as support for informal savings institutions like stokvels and burial societies.
Reduction of consumption driven debt with new legislation protecting the rights of the borrower.
And, very importantly, building a culture of savings with various initiatives.
And here I must pause to give thanks to SASI for the tremendous work they have been doing in this regard. But, refocusing our people on saving and creating a proud culture of saving is not only the work of government, or of the intellectual work seen here, but it is the work of every parent, every friend and every family member that hears our message and has to pass it on.
And today, we are awarding the excellent contributions of our fellow chefs. In this case, I am sure ' Too many cooks will NOT spoil the broth. Your excellent research will help make our country grow and prosper in the next decade, both in financial wealth and intellect. Your contributions will further shape the policies of tomorrow to feed a nation hungry for growth.
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<fn>GOV-ZA.20042011En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.20042En.2012-02-10.en.txt</fn>
The Communications team, together with SARS management, conceptualised and implemented an effective strategy for the 2004 Filing Season which focused on improved operational efficiency in reducing the tax gap and improved service delivery. They delivered on their objectives of reminding taxpayers of the tax return deadlines, assisted them to fulfill their obligations through an extensive outreach programme, positioned SARS as a firm enforcer; and profiled SARS as accessible, quick to respond and helpful. An analysis of the PR work conducted during the campaign showed that the response from the media and public was phenomenal, resulting in a 100% improvement in tax return submissions and a change in the public's perception of SARS to that of an organisation that is AT YOUR SERVICE, evidenced by letters from taxpayers.
Captain Higgs was nominated in recognition of his role in professionally and positively profiling the Department of Defence, through the SA Navy. He has risen to the dual challenge of ensuring that the media, and local and international audiences, are continuously aware of the role the Department of Defence plays in the daily lives of South Africans, Africans and the International community, especially focusing on campaigns such as Nepad, the acquisition of the four Valour Class Patrol Corvettes, and the 10 Years of Democracy celebrations.
Thabang joined the Department of Housing at the end of 2003 and established the communication unit which had been without a senior manager for communication for three years. He raised the departmental and ministerial profile to such an extent that media research institute, Media Tenor , declared that more coverage was generated in one month than in the complete two year prior to the elections combined. He built strong relations with the media and provincial housing communicators that led to the proper handling of issues such as Diepsloot and Protea Glen.
Marthie played a pivotal role in coordinating and implementing successful participation by the Department of Defence in the national celebrations of Ten Years of Freedom and Democracy. She ensured departmental participation during the 27 April Freedom Day and Inauguration activities and compiled communication plans to promote the department's participation in such international, national and provincial events. Her innovative ideas and coordination has promoted the department's communication service excellence and added value to Government's efforts in promoting its image and service delivery to the South African public.
Crime is an issue that dominates the headlines and news reports on a daily basis. Its effects can be devastating and penetrates the core of a country's ability to sustain a stable infrastructure. The Police File Production Team has achieved success in delivering a positive reflection of service delivery by the South African Police Services which is substantiated by the statistics, the increase in viewer ratings, as well as letters from grateful viewers. More than 60 missing persons and 9 dangerous wanted suspects have been arrested due to the media exposure since July 2004 which shows a definite impact in locating and arresting perpetrators.
The 10 th anniversary of a free and democratic country is a particular unique milestone in its history, never to be repeated in its symbolic import. It calls for special communication and commemoration, which is best resonated in this publication. Produced by the Presidency under the editorship of Nazeem Mahatey, the Highest Honour is a must-have archival record of the men and women honoured by South Africa in 10 Years of Freedom for their outstanding contributions in the struggle for freedom and indeed to the total life of the nation. Its captures the epic tales of the making of South Africa, its triumphs, trials and well being.
Cornelius is the Chief Director: Communication in the Office of the Premier in the North West. He was nominated for his effective and innovative leadership during the transition to the new provincial government. From a communication point of view, it was critical to ensure effective communication on what this change meant and entailed. The provincial government was proactive and preempted any possible speculation that was not founded on facts. To sustain the positive mood generated by the elections, the new Executive Council took a series of Roadshows to districts to meet public servants and management. As the official spokesperson for the provincial government, Cornelius organized a highly successful conference between the North West Executive Council and Sanef, which resulted in media coverage of the provincial government and the Premier improving significantly as a result of an effective media management strategy.
Sergeant Mofokeng is a communication officer at the Vosloorus South African Police Service in charge of coordinating social crime prevention. He has played a pivotal role in a number of campaigns, presentations and public outreach events aimed at encouraging, motivating and uplifting the standard of service delivery to the public. These programmes have managed to motivate the community to work hand-in-hand with the police in fighting crime and there has been a noticeable change in attitude. A special focus falls on Youth Projects and outreaches to schools such as J Dumane and Lethulwazi Comprehensive have been used to present the youth to organisations such as Gun Free South Africa, Love Life and the Red Cross.
Jabu is the manager for Corporate Service of the Nketoana Local Municipality in the Free State. She initiated a programme to enhance public participation in the municipal Integrated Development Plan review process after the realization that community participation was not up to standard. The programme was a huge success resulting in improved community understanding of the IDP and the services. She initiated the installation of a toll-free Telkom line for the community to view their concerns and show their support and started the first departmental newsletter to enhance communication and to keep the community informed of the developments in the municipality.
The Office of the Premier produces a monthly newspaper, The Mirror , on behalf of the North West Provincial Government. Cornelius is the Editor-in Chief and is personally accountable for the editorial content. Written both in English and Setswana, The Mirror has been able to infuse the notion of development communication into the stories which results in communities receiving information that empowers them to seize the opportunities brought by the new democracy. It reflects government's call that ordinary people must become their own liberators to take initiative to bring a better life to themselves and their fellow citizens and it challenges the portrayal of citizens as passive recipients of government services.
The Communications Support Directorate is responsible for the production of the department's internal newsletter, Ezethu News and external newsletter, Igalelo , as well as for the content of the internet site. Both the newsletters and the website have received several accolades and commendations from various stakeholders and the website was voted as the most interactive and informative in terms of road safety information in December 2003 on SAFM. The team's contributions has enabled various programmes of the Department, such as Asiphephe, Zero Tolerance, Zibambele and many others to be better known throughout the country and their innovative communication strategies has resulted in an improvement of the public image of the MEC and the Department.
Kenneth joined the Madibeng Local Municipality in the North West in January this year as a Communications Coordinator, which entails building a good image of the local government and informing communities about programmes on services delivery. This is done through Madibeng News. The newsletter serves as a vehicle whereby communities can voice their concerns and frustrations in the letters page and is a vehicle with which the Executive Mayor and Municipal Manager can communicate with the public. As editor, Kenneth ensures that communities are informed about workshops on small business development and other self-employment projects.
Mr Attie Roux, representative of the Head of Communication in the Free State. Provinces are represented on the panel on a two-year rotational basis.
<fn>GOV-ZA.20043En.2012-02-10.en.txt</fn>
No. 23 of 1999: Harmful Business Practices Amendment Act, 1 999.
To amend the Harmful Business Practices Act, 1988, so as to harmonise the Act with provincial legislation; to amend and insert certain definitions; to reconstitute and rename the Business Practices Committee; to provide for an executive committee; to authorise an investigating officer to enter any premises with a search warrant; to provide for appeals against decisions of competent authorities in the provinces; to phase out the existing special courts and to replace them with a permanent special court; to provide for the staying of civil proceedings; to extend the application of the Act throughout the Republic; and to provide for matters connected therewith.
Amendment of section 1 of Act 71 of 1988, as amended by section 1 of Act 33 of 1993 1.
deceiving any consumer; or unfairly affecting any consumer.
Amendment of section 2 of Act 71 of 1988, as amended by section 1 of Act 64 of 1991 and section 2 of Act 33 of 1993 2.
Business Practices Consumer Affairs Committee.
(a) The committee shall consist of nine members appointed by the Minister on the grounds of having special knowledge or experience of consumer advocacy, economics, industry, commerce or law, taking into account the need to ensure equitable representation. The Minister shall designate one as chairperson and one as vice-chairperson.
The chairperson shall be a person with suitable experience in consumer law.
In order to assist and to ensure effective co-operation between the committee and a competent authority, the head of consumer affairs in every provincial sphere of government shall be invited to, and may, participate in all meetings of the committee but shall not have the right to vote at such meetings.
shall determine the times when and places at which the meetings of the committee shall be held; and may determine that a meeting other than a meeting convened for purposes of investigations under section 5, takes place through any method of telecommunication.
four other members of the committee.. Substitution of section 3 of Act 71 of 1988 3.
The committee shall, with the consent of the Minister, appoint an executive committee, consisting of at least the chairperson or vice-chairperson; and two other members of the committee.
may delegate any power conferred or duty imposed on the committee by this Act to the executive committee, either in general or in a particular case or in cases of a particular nature.
The executive committee must exercise any power or duty that has been delegated to it in terms of subsection (2)(b) subject to the conditions the committee considers necessary.
may at any time be withdrawn in writing by the committee.
Amendment of section 4 of Act 71 of 1988, as amended by section 2 of Act 64 of 1991 and section 4 of Act 33 of 1993 4.
by the deletion of "and" at the end of paragraph (c); and by the insertion after paragraph (d) of subsection (1) of the following 5 paragraph: "(e) may assign any preliminary investigation or investigation in terms of this Act, or part thereof, to a competent authority.".
Amendment of section 5 of Act 71 of 1988, as amended by section 3 of Act 64 of 1991 5. Section 5 of the principal Act is hereby amended by the substitution in subsection l O (5) for the words "provincial division of the Supreme Court of South Africa" of the words "High Court".
Amendment of section 7 of Act 71 of l988, as amended by section 4 of Act 64 of 1991 6.
by the substitution for paragraph (e) of subsection (3) of the following 30 paragraph: "(e) seize against the issue of a receipt that book, statement, document or object, if it appears to provide proof of a contravention of a provision of this Act, or if he or she wishes to retain it from further examination or for safe custody: Provided that a person from whose 35 possession or charge that book, statement or document has been taken under this paragraph section shall, as long as it is in the possession or charge of the investigating officer concerned, at such person's request be allowed, at his or her own expense and under the supervision of that investigating officer, or any other person in the 40 service of the committee, to make copies thereof or to take extracts therefrom at any reasonable time."
an unfair business practice exists or may come into existence; and a book, document or other object which may afford evidence of such an unfair business practice is on or in those premises.
a period of one month from the date of issue has expired, whichever occurs first.
show that person his or her certificate of appointment; and hand to that person a copy of the warrant.
Amendment of section 8 of Act 71 of 1988, as amended by section 1 of Act 43 of 1990 and section 6 of Act 33 of 1993 7.
"(d) into any unfair business practice referred to the committee in terms of any other law.".
Amendment of section 12 of Act 71 of 1988, as amended by section 3 of Act 43 of 1990 and section 8 of Act 33 of 1993 8.
Amendment of section 13 of Act 71 of 1988, as amended by section 9 of Act 33 of 1993 9.
a notice under section 8(5), or 12(1)(b), (c) or (d); or any notice, direction or measure of a competent authority in terms of such provisions of provincial legislation as have been designated for the purposes of this paragraph by the Minister by notice in the Gazette, to a special court.
(2)(a) In this subsection 'fixed date' means the date on which the Harmful Business Practices Amendment Act, 1998, comes into operation.
The President may by proclamation in the Gazette establish a permanent special court with a permanent registrar, operating on an ad hoc basis, with jurisdiction in the area of jurisdiction of a High Court.
Until a special court contemplated in paragraph (c) is dissolved, any reference to a 'special court' in this Act shall be construed as a reference to such a court.
Any application or matter referred to the special court referred to in paragraph (c) before the fixed date and which has not been disposed of on that date, shall be continued and disposed of by that special court.
a president, who shall be a judge of a High Court designated by the Chief Justice; and two other members appointed by the President by proclamation in the Gazette from the nominees contemplated in subsection (3C).
The Minister shall invite interested parties, by notice in the Gazette and an advertisement in the media regarded by the Minister as appropriate, to nominate candidates who have special knowledge or experience of consumer advocacy, economics, or industrial, commercial or financial matters, within 21 days after the publication of such notice, for consideration as members of the court.
The names of the nominees shall thereafter be published in the Gazette and media contemplated in subsection (3A) for comment.
and such interviews shall be open to the public; and compile a final list of nominees for consideration by the President.
is of unsound mind; or is a member of a competent authority.
No person shall remain a member of the court if he or she fails to disclose an interest or an interest of his or her spouse, immediate family member, business partner or associate or employer which would require him or her to be recused.
If at any stage during the hearing of an appeal, one of the members of the special court dies or becomes otherwise incapable of acting, the hearing shall be adjourned and commenced de novo before a newly constituted special court.
"(a) An appeal in terms of this section shall be lodged with the Minister in writing within six weeks after the date of publication of the notice, direction or measure to which the appeal relates or, if no notice is published, the date of the order of a court dealing with consumer matters and established by provincial legislation and shall set forth the grounds on which the appeal is based."
(10) A special court may after consideration of an appeal, confirm or set aside the notice, direction or measure to which the appeal relates or, if no notice is published, the date of the order of the court contemplated in subsection (5)(a), or amend it in such manner as it may deem equitable, and may make such orders as to costs as it may deem just.
The decision of a the majority of the members of a the special court shall be the decision of the court but the president alone shall decide any question of law, and whether any matter constitutes a question of law or a question of fact, and for that purpose he or she shall sit alone.
"(14) An order of a special court confirming, setting aside or amending the notice, direction or measure to which the order relates, shall be made known by the Minister by notice in the Gazette, and any amendment made to a notice, direction or measure by such an order shall have effect as if it were an amendment made under section 12(4)(d); or a notice, direction or measure made under provincial legislation that has been designated for the purposes of subsection (1)(b) by the Minister by notice in the Gazette.".
Amendment of section 14 of Act 71 of l988 10.
when required to do so by a court of law or under a law; or (c) with the permission of the chairperson, disclose to any other person any information acquired by him or her in the performance of his or her functions in terms of this Act and relating to the business or affairs of any other person.
Amendment of section 19 of Act 71 of l988 11.
"(2) If any person seeks to rely on an alleged unfair business practice in any civil proceedings, the court concerned may, on the application of any party to those proceedings, stay those proceedings in the interests of justice until such time as the Minister or the special court has made a decision in respect of the alleged unfair business practice in terms of this Act.".
Substitution of words "chairman", in the English text, and "harmful business practice" in Act 71 of 1988 12. (1) The English text of the principal Act is hereby amended by the substitution for the word "chairman", wherever it occurs, of the word "chairperson".
The principal Act is hereby amended by the substitution for the words "harmful business practice", wherever they occur, of the words "unfair business practice".
Substitution of section 21 of Act 71 of l988 13.
This Act shall be called the Consumer Affairs (Unfair Business Practices) Act, 1988.
The principal Act applies throughout the Republic.
This Act is called the Harmful Business Practices Amendment Act, 1999.
<fn>GOV-ZA.2004AdminjusticeEn.2012-02-10.en.txt</fn>
The aim of the Department of Justice and Constitutional Development is to uphold and protect the Constitution and the rule of law, and to render accessible, fair, speedy and cost-effective administration of justice in the interest of a safer and more secure South Africa.
It performs its functions in conjunction with judges, magistrates, the National Director of Public Prosecutions (NDPP) and the Directors of Public Prosecutions (DPPs), who are independent.
During 1994/95, following the amalgamation of the national Department and the former homeland departments, consultative meetings with various stakeholders took place.
The result was Justice Vision 2000 - a strategic plan to transform the administration and implementation of justice and State legal affairs in South Africa.
State legal and legislative services. Since 1994, the Department has had numerous successes in these key result areas. Significant progress has been made with regard to employment equity, which has been funded to the amount of R1,642 million.
In 1994, of the 166 judges, there were 162 White males, two White females, three Black males and no Black female judges.
In 2003, there were 61 Black male, 12 Black female, 13 White female and 128 White male judges. Consisting of less than 2% Black judges in 1994, the judiciary was 34% Black by June 2004. Of the 53 new judges appointed since 1994, 89% were Black while the magistracy was nearly 50% Black and 30% female.
As far as the courts and service delivery are concerned, the Department's flagship project Re Aga Boswa (meaning We Are Restructuring/Rebuilding), is aimed at capacitating the courts and empowering them to perform to their full potential. The Model Court Blueprint has also been developed.
Mitchell's Plain in the Western Cape is the first court to benefit, and all future court planning and upgrading is being done in line with the Blueprint's prescribed minimum standards.
The Department has launched the Service-Delivery Improvement Programme (SDIP), which aims to integrate all initiatives dealing with improving court productivity and service delivery.
The most important aim of the Programme is to improve the experience and perception of the public with regard to the service being rendered by the court system. The intention is to develop a number of templates containing procedures for the implementation of the aspects of each project within the SDIP. Individual projects can then be implemented in phases.
The projects include the establishment of local Integrated Justice System (IJS) governance structures, the use of court-management information, case-flow management, plea-bargaining, pre-trial services, actions to reduce the number of awaiting-trial prisoners, video arraignment and court-user surveys.
The Department has also been instrumental in restructuring and transforming the various institutions and bodies involved in the administration of justice. These include the Legal Aid Board, the South African Law Reform Commission (SALRC), the Magistrate's Commission, the Board for Sheriffs and the Rules Board for Courts of Law.
promoting a culture of good governance and human rights in line with constitutional imperatives.
Public Education and Communication. In 2003/04, court managers were appointed to individual courts, freeing the judiciary from administrative functions and giving effect to the constitutional principle of the separation of powers. The realigned roles of clerks of the court and registrars will in future focus more on supporting cases through the various court processes.
The judiciary continues to play an active role in restructuring the court system. On the judiciary's agenda are moves towards a single judiciary and judicial training syllabi, improving racial and gender representivity, and improving accountability and the judiciary's active participation in budgetary processes.
The NPA structure includes the National Prosecuting Services (NPS), the Directorate: Special Operations (DSO), the Witness-Protection Programme, the Asset Forfeiture Unit (AFU) and specialised units such as the Sexual Offences and Community Affairs Unit, and the Specialised Commercial Crime Unit.
By the end of December 2003, the outstanding roll of cases for the District Courts were 149 539, 43 573 for the Regional Courts, and 1 012 for the High Courts. To address the issue of backlogs, Saturday and Additional Courts were introduced in 2001.
The NPA has made steady progress in achieving its priorities.
Between February 2001 and March 2004, a total of 75 214 cases were handled by these Courts. Some 72 Courts participated in the project during 2003. Some improvements were also realised with regard to court hours. During the same period, the conviction rate for Additional Courts was 84% for District Courts and 68% for Regional Courts; while in the Saturday Courts, it was 65% for District Courts and 76% for Regional Courts.
Additional Courts will be scaled down, while the Saturday Courts were to be operational until the end of September 2004, as courts are now reasonably resourced to deal with these cases in a permanent court arrangement.
The concept of Night Courts is being considered.
The Office of the NDPP is the head office of the NPA. The prosecuting authority vests in the NDPP. This authority has been delegated to other members of the NPA.
The DSO pursues its objectives, and complies with its legislative mandate through the application of numerous legislative tools. In addition to the NPA Act, 1998 (Act 32 of 1998), other statutes include the Prevention of Organised Crime Act, 1998 (Act 121 of 1998), International Co-operation in Criminal Matters Amendment Act, 1996 (Act 75 of 1996), and the Extradition Amendment Act, 1996 (Act 77 of 1996).
The DSO is committed to the investigation of matters that are national in scope, and concentrates on those crimes that threaten national security and economic stability. The more complex and protracted the investigations and higher up the criminal target, the more appropriate the matter would be for DSO selection. In many instances, these high-impact investigations fall outside the scope and capacity of the South African Police Service (SAPS).
The DSO pioneered a new approach, which combines intelligence, investigation and prosecution. With the DSO's success in high-profile cases, public confidence grew in the Directorate's ability to impact on organised crime. Money laundering and racketeering were added to its priorities and the DSO succeeded in obtaining the first-ever convictions for racketeering in South Africa.
By February 2004, the DSO had completed 653 cases, comprising 273 investigations and 380 prosecutions.
Of the 380 prosecutions, 349 resulted in convictions, representing an average conviction rate of 93,1%. At the beginning of 2004, there were 588 ongoing cases (investigations and prosecutions).
In terms of chapters 5 and 6 of the Prevention of Organised Crime Act, 1998, the AFU can seize and forfeit property that was bought from the proceeds of crime, or property that has been used to commit a crime.
The use of asset forfeiture to fight crime has been one of government's most important innovations.
Since 1999, the AFU has had a success rate of more than 91%.
The AFU is ensuring that the powers contained in the Prevention of Organised Crime Act, 1998 to seize criminal assets, are used to maximum effect. In the last nine months of 2003/04, the AFU returned more than R100 million to victims of crime and froze assets valued at R78 million, involving more than 170 cases.
In the last nine months of the 2003/04 financial year, the Scorpions confiscated drugs worth more than R1,2 billion.
The SIU has highlighted the benefits of its multidisciplinary approach through its work with bodies such as the AFU, the SAPS and the DSO. During 2002/03, the SIU made significant savings and recoveries to the value of R123,1 million. This consisted of savings and preventions of R88,8 million, and R34,3 million in cash recoveries.
This Unit focuses on violent and indecent offences committed against women and children, family violence, and child support and justice. It ensures that these cases are prioritised, monitors the quality of delivery and ensures that victims and witnesses receive decent treatment in courts.
The Unit also seeks to improve the investigation and prosecution of rape cases.
The Department of Justice and Constitutional Development, in conjunction with the SAPS and the departments of Social Development and of Health, have established several Thuthuzela Care Centres for victims of sexual offences.
These multi-purpose Centres render the services of these departments to communities where these services either do not exist, or do exist but are not easily accessible (especially in rural areas).
The Centres are situated at Thembalethu (George, Western Cape), Nsimbi (Umbumbulu, KwaZulu-Natal), Leboeng (Praktiseer, Limpopo), Khutsong (Oberholzer/Carletonville, Gauteng), Tshidilamolomo (Molopo, North West) and Centane (Eastern Cape).
Other Centres receiving attention are Thabong (Welkom, Free State) and Augrabies (Kakamas, Northern Cape).
The fight against sexual offences is a national priority. The Department is providing facilities at courts where child witnesses, especially in child-abuse cases, can testify in a friendly and secure environment without the risk of being intimidated.
New child-witness rooms are furbished with oneway glass partitions adjacent to the courtrooms. Where it is impossible to provide such rooms in existing buildings, other rooms away from the courts are utilised by providing a closed-circuit television link.
Intermediaries act as buffers against hostile and potentially protracted cross-examinations of child witnesses in an open court, particularly necessary in cases of sexual victimisation. Most intermediaries are social workers by profession, and fulfil their intermediary functions on a part-time basis or as volunteers. Given the specialised nature of the work and the scarcity of the resource, the Department has decided to appoint about 30 full-time intermediaries. The Draft Criminal Law (Sexual Offences) Amendment Bill, 2003 aims to provide intermediaries to all vulnerable witnesses in sexual-offence cases.
The performance of the special Sexual Offences Courts improved during the first three quarters of 2003/04. The number of cases finalised rose from 1 814 to 2 998.
This corresponds with the increase in the roll-out of these special Courts. The conviction rate of 62% in these Courts in 2003/04 exceeded the 2002 Estimates of National Expenditure target of 60%.
By May 2004, 50 Sexual Offences Courts had been established countrywide. During the next five years, government aims to establish at least 10 such Courts a year.
It has to ensure proper planning of court rolls, prioritisation, proper preparation and arrangement for all cases to be heard, and the avoidance of unreasonable delays.
By mid-2003, IJS Court Centres had been established at 47 lower courts throughout the country. The IJS Project has resulted in improved case preparation and reduced case-cycle times. Court statistics show that the average cycle time of cases has declined from 110 to 74 days. The Court Management Information System (MIS) reports aspects such as the number of cases finalised per courtroom and per judicial officer, cases withdrawn as a proportion of cases disposed of, and the number of new cases per courtroom and per judicial officer. Encouraged by the initial results, the Department has extended the Southern Gauteng Pilot Project to the rest of the courts in Gauteng and all the courts that have IJS Court Centres.
The Johannesburg and Pretoria courts will eventually be followed by similar courts in Durban and Cape Town.
Before the establishment of Specialised Commercial Crime Courts, only 6% of all perpetrators prosecuted were convicted, compared with the 23% conviction rate at the Pretoria Court.
The Specialised Commercial Crimes Unit achieved a conviction rate of more than 95% in 2002.
The Programme does not offer incentives such as those offered by the SAPS to witnesses of serious crimes.
Instead, the Programme offers sustenance in the form of a food allowance; replacement of salary if employment has been lost; free accommodation, including all municipal services; a clothing allowance; transport; a housing allowance for schoolgoing children; medical expenses, etc.
During 2003/04, the Department delivered new court buildings in communities at an unprecedented rate.
President Thabo Mbeki announced in the State of the Nation Address in May 2004 that government would establish at least two Community Courts in each of the nine provinces in the 2004/05 financial year.
These Courts will be modelled on the Hatfield Community Court in Pretoria.
The Court focuses on the appropriate handling of lower court cases from the area, specifically offences such as handbag and cellphone theft, offences relating to drug and alcohol abuse, municipal by-law offences and petty offences.
In October 1999, the South African Revenue Service (SARS) opened a criminal courtroom at the Johannesburg Magistrate's Office dedicated to the prosecution of tax offenders. The court deals only with cases concerning failure to submit tax returns or to provide information requested by SARS officials. It does not deal with bigger cases such as tax fraud.
Discussions to decentralise and expand such courts to the bigger centres in the country have taken place between SARS and the Department of Justice and Constitutional Development. These courts will be established on request of SARS.
provide wide and specialised protection and help to the family as the fundamental unit in society bring about access to justice for all in family disputes improve the quality and effectiveness of service delivery to citizens who have family law disputes. The Family Court Blueprint recommended that 17 interim projects be established to strengthen the existing pilot projects. The Department is implementing these recommendations as part of the Courts' restructuring.
As part of the Department of Justice and Constitutional Development's aim of prioritising and improving services to vulnerable groups such as women and children, the services rendered by the Family Courts in Durban, Cape Town, Port Elizabeth, Lebowakgomo and Johannesburg are being improved. The Department planned to legislate the Family Court concept in 2004/05, and to roll-out the pilot project to other court districts.
Municipal Courts are being set up in the larger centres of South Africa in conjunction with municipalities.
They are Magistrate's Courts but deal only with traffic offences and contraventions of municipal by-laws.
They are set up in a partnership agreement in that administrative and infrastructural support is supplied by the municipality, while magistrates are provided by the Magistrate's Commission, with the support of the Department.
By mid-2004, Pretoria, Port Elizabeth, Nelspruit and Potchefstroom were receiving attention, with one court envisaged per province.
These Courts assist in addressing the backlogs and severe workloads of the other lower courts.
The establishment of Municipal Courts to hear traffic and municipal cases frees the criminal courts to attend to their core function.
The Act outlaws unfair discrimination and allows for the creation of Equality Courts within the Magistrate's and High Courts, each to be presided over by an Equality Court presiding officer.
By May 2004, 220 Equality Courts were in operation. By mid-2004, 75 cases had been heard, including 31 complaints of racial discrimination; 23 of hate speech; 17 of sexual harassment; and four of discrimination against people with HIV and AIDS.
A monitoring and evaluation system for these cases has been established.
More than 800 magistrates have been trained in equality matters. The training will be extended to include more magistrates so as to ensure that all Equality Courts have a sufficient number of trained presiding officers.
State Legal Services provides for the work of the State Attorney and State law advisers. The former acts as attorney, notary and conveyancer for government. State law advisers provide legal opinions, scrutinise and amend international agreements, draft legislation and attend relevant Parliamentary Portfolio Committees as legal advisers for all national departments. The Department's resolution to centralise all legal services in the Legal Advisory Services component has gained momentum. The component hosts the National Forum Against Racism and facilitates South Africa's participation in the International Court for Criminal Justice.
From 1 April 2003 to 30 November 2003, 21 pieces of legislation were introduced in Parliament. Eight of these were passed. This compared well with 2002/03, when 14 pieces of legislation were passed. Plans to establish a Constitutional Litigation Unit in the Department to litigate on constitutional matters on behalf of government, are at an advanced stage.
The Master of the High Court is responsible for the administration of deceased and insolvent estates, companies and close corporations in liquidation, trusts and the Guardian's Fund, as well as the property of minors, persons under curatorship and absent persons.
Human rights, in terms of Chapter Two (Bill of Rights) of the Constitution, bind all legislative and executive bodies of State at all levels of government.
They apply to all laws, administrative decisions taken, and acts performed during the period in which the Constitution is in force.
The Department of Justice and Constitutional Development is one of the four core departments in the Justice, Crime Prevention and Security (JCPS) Cluster that has been tasked with the implementation of the National Crime Prevention Strategy (NCPS). This is government's official strategy to combat, control and prevent crime. (See chapter 17: Safety, security and defence.
creating an effective prosecution system creating an effective court system for the adjudication of cases co-ordinating and integrating the departmental activities of all role-players involved in crime prevention.
In recent years, departments within the JCPS Cluster have taken significant steps towards modernising and integrating the CJS. Following government's approval of the NCPS in 1996, the IJS Board was formed in 1997 to integrate the activities of departments in the Cluster in a co-ordinated manner.
The IJS Programme, approved in 2002, aims to increase the efficiency and effectiveness of the entire criminal justice process by increasing the probability of successful investigation, prosecution, punishment for priority crimes and ultimately rehabilitation of offenders.
A second version of the IJS Programme was published in May 2003.
Issues that are receiving specific attention include overcrowding of prisons and awaiting-trial prisoner problems (currently dealt with by the Department of Correctional Services), as well as bail, sentencing and plea-bargaining (currently dealt with by the Department of Justice and Constitutional Development).
During the latter half of 2002, the IJS Board initiated a process to co-ordinate and align activities beyond the IJS Programme. In response to this, a development committee was established in 2003 and mandated to align the shared objectives of the Cluster departments.
The JCPS has structured itself to focus on two main areas of responsibility, namely operational and developmental issues relating to the justice system, and improved safety and security of citizens.
The Development Committee is mandated to align and co-ordinate Cluster activities across the various departments, with the ultimate aim of improving service delivery, policy co-ordination and planning.
It consists of senior representatives from each of the partner departments participating in the IJS and is chaired by the Department of Justice and Constitutional Development. The National Treasury, the judiciary and the Department of Home Affairs are also represented on the Development Committee.
This includes the establishment of proper governance structures, effective monitoring mechanisms based on proper review findings, as well as the integration and automation of the justice system.
The July 2003 Cabinet Lekgotla identified, as one of government's priorities, the need for a comprehensive audit and review of the CJS. The review is intended to look at how the CJS works and to establish whether processes underway and steps undertaken are feasible and in line with international best practice.
While each department within the JCPS Cluster must have its own Information Technology (IT) Plan to achieve the vision, mission and departmental specific objectives, the IJS Board co-ordinates the broader, shared duty to integrate the information flow throughout the CJS.
This governing body provides critical leadership in IJS strategic planning. Its initial responsibilities include articulating a vision, defining the scope and establishing objectives for the integrated System.
establishing business intelligence establishing and maintaining a programme management and support capability.
This goal focuses specifically on women, children and vulnerable groups, as well as improved court and case administration.
implementing the Child Justice Bill, once enacted trend analyses of children at risk and in custody a plan of action to fast-track the processing of children in the justice system standardising diversion programmes for children reviewing 60 places of safety and secure-care facilities establishing one-stop Child Justice Centres - at least one in each province training in restorative justice and family-group conferencing.
This Programme aims to improve services rendered to victims of crime.
Immediate priorities are the establishment of Special Commercial Crimes Courts and Sexual Offences Courts. Priority Crime Courts will be established based on a proper needs and impact analysis of crime statistics.
The IJS Court Centres provide an IT-driven system to facilitate co-ordination between the IJS partners around case-flow management, and ensure the development of case-management capacity at court level.
Some 46 Court Centres have been established, which has led to reductions in case cycle times, increased court hours, increased number of cases finalised, reductions in awaiting-trial prisoners and reductions in outstanding court rolls.
The Court MIS has been extended to include all the courts in southern Gauteng as well as IJS Court Centres.
The System was expected to be rolled out to courts in 2004/05.
This includes the establishment of structures at provincial, area, and local levels to further promote co-operation and co-ordination between cluster departments.
The Integrated Case-Flow Management Project seeks to unblock blockages in the flow of cases through the court system to ensure expedient case handling.
It necessitates the redefinition of the role of Registrars of Courts and the introduction of Registrar's posts at lower courts to focus on case processing, improving the services of language practitioners, and facilitating the introduction of a case-flow management system to assist the judiciary and other role-players in managing the workload effectively.
The new court structures provide for a dedicated capacity to take responsibility for case-flow management to ensure that case backlogs and cycle times are addressed separately from matters pertaining to facilities management.
To increase the capacity of existing resources, reduce the number of oustanding cases on the roll, and shorten the cycle time of cases in the court process, 72 courts participated in this project during 2003.
As part of the Overcrowding Task Team's work, the Intersectoral Child Justice Steering Committee has developed a plan of action to fast-track children through the justice system, including an interim protocol for the management of children awaiting trial.
A Standardisation of Diversion Programmes for Children workshop took place on 18 February 2004. The first report was expected in November 2004.
The Department assisted the Department of Education with the development of a protocol to deal with detained children awaiting placement in reform schools. Intersectoral co-operation is facilitated to improve progress in this regard.
The NPA is fast-tracking cases involving detained children awaiting trial.
Intersectoral planning for the implementation of the Child Justice Bill continues. In anticipation of the Bill, the establishment of Integrated Child Justice Centres continued.
These Centres provide an integrated, intersectoral one-stop focal point for children in trouble with the law.
Children's Courts, on the other hand, concentrate on the social-welfare needs of abused and neglected children, requiring close interaction between the social welfare and the justice sectors.
The Department of Justice and Constitutional Development will receive R7,0 million per year from 2004 to 2007 to enable it to fulfil its obligations in terms of the Child Justice Bill.
The e-Justice Programme supports the fundamental reforms necessary to establish a more fair, accessible and efficient justice system in South Africa.
The purpose of the e-Justice Programme is to reform and modernise the administration and delivery of justice through re-engineering work processes by using technologies, strengthening strategic planning and management capacity, organisational development and human resource interventions.
The CPP is one of the keystone projects of the e-Justice Programme.
The CPP incorporates the flow of processes that affect departments in the IJS, namely the departments of Safety and Security, Correctional Services, Social Development, Justice and Constitutional Development, as well as the NPA.
The CPP essentially seeks to re-engineer the way in which court services are delivered and is aimed at providing courts with the necessary tools to deal with both caseloads and general management in a more effective manner. This Project also links, for the first time, the police, prosecutors, courts, prisons and social-welfare facilities at selected pilot sites.
The CPP will bring innumerable benefits to all justice officials as well as society at large.
improved administration and tracking of dockets and case files reduced delays leading up to trials reduced duplication of data entry improved access to information timeous notification of events verification of identities reduced number of lost case dockets reduced postponement of cases due to misplaced files/exhibits improved administration of prisoner admissions and releases improved docket/exhibit administration. The CPP, which was initiated in 2000, was the first project to deal with an integrated criminal casemanagement system as well as a civil solution. The Project was the first serious attempt to bring advanced IT functionality and support to the courts.
The aim of this project is to deploy IT infrastructure and related services to the Department of Justice and Constitutional Development.
Since the project's inception in 2000, more than 7 000 officials have been provided with basic IT infrastructure.
The FAS is tasked with automating and administering trust accounts in the Magistrate's Courts, the State Attorneys' offices, and the Guardian's Fund in the Master's Offices.
The Guardian's Fund administers monies kept in trust for persons including minors, State patients, unborn heirs, and persons having usufructuary, fiduciary or fideicommissary interests.
The Justice Deposit Account System administers monies received at court in lieu of maintenance, bail, admission of guilt, civil cases, contributions, court cases and estates.
The State Attorneys' System assists State Attorneys with registering and administering case files, collecting money and administering payments to applicable parties, and the handling of litigation processes.
The Masters' Administration System for Estates and Insolvencies enables officials to manage cases and track records. It has also resulted in better service delivery through quick and efficient response times to queries.
The Legislative and Constitutional Development Unit is responsible for promoting, maintaining and developing the Constitution and its values by researching, developing and promoting appropriate legislation.
It includes research activities of the SALRC, which involve extensive reviews of wide areas of law and legal practice.
The Constitutional Development component of the Unit is, among other things, responsible for promoting the independence and effectiveness of Chapter 9 institutions and administering the Constitution, which includes monitoring the implementation of the Constitution and the Bill of Rights.
The Legislative component of the Unit is, among other things, responsible for researching, developing and promoting appropriate legislation.
The main function of the component is to promote new or amended legislation through the Parliamentary process.
Between 1994 and 2004, the Department promoted more than 108 Bills. The Department's legislative programme was dominated by three main themes, namely, legislation to give effect to the spirit of the constitutional dispensation, legislation to address the crime problem prevailing in South Africa, and legal reform.
The Department implemented the Maintenance Act, 1998 (Act 99 of 1998), and the Domestic Violence Act, 1998 in November 1999 to make a difference in the lives of vulnerable women and children.
By mid-2004, maintenance investigators had been appointed at 62 Maintenance Courts. It was envisaged that 122 more investigators would be appointed in 2004/05, as well as 100 maintenance clerks in hot-spot courts.
The Promotion of Access to Information Act, 2000 (Act 2 of 2000), grants the right of access to information referred to in Section 32 of the Constitution.
The Act generally promotes the transparency, accountability and effective governance of all public and private bodies.
The Promotion of Administrative Justice Act, 2000 (Act 3 of 2000), is aimed at the provision of lawful, reasonable and procedurally fair administrative action as contemplated in Section 33 of the Constitution.
The objectives of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 include prevention and prohibition of unfair discrimination, redress for discrimination, promotion of equality, and progressive eradication of discrimination.
In 2003/04, some 220 Magistrate's Courts were designated as Equality Courts.
The Constitution of the Republic of South Africa Amendment Act, 2001 (Act 34 of 2001), amends the Constitution so as to change the title of the President of the Constitutional Court (CC) to that of Chief Justice; provide for the Offices of the Deputy Chief Justice, President of the Supreme Court of Appeal and Deputy President of the Supreme Court of Appeal; and provide for the extension of the term of office of a Chief Justice. The Amendment Act also makes provision for municipal borrowing powers, and to enable a municipal council to bind itself and a future council in the exercise of its legislative and executive authority to secure loans or investments for the municipality concerned.
set a minimum age of criminal capacity ensure individual assessment of each child establish procedures to divert as many children as possible away from courts and institutions set up new Child Justice Courts with trained personnel provide a creative range of sentencing options develop a system of review and monitoring. The Bill encourages the release of children into the care of their parents and entrenches the constitutional injunction that prison should be considered as the last resort.
The Child Justice Bill was presented to the Portfolio Committee on Justice and Constitutional Development on 20 February 2003.
Amendments to the Bill were made at the request of the Portfolio Committee. Although substantial redrafting of certain sections has been requested, the main policy direction of the Child Justice Bill remains intact.
Updated costing and implementation planning of the Bill was done for submission to the Portfolio Committee on Justice and Constitutional Development in August 2004.
It was expected that the Bill would be passed before the end of 2004.
provision is made for a single High Court of South Africa, consisting of the divisions, with the areas of jurisdiction, as determined by an Act of Parliament provision is made for the appointment of a second Deputy President for the Supreme Court of Appeal.
The amendments contained in the Bill are required to constitutionally sanction certain corresponding provisions of the Superior Courts Bill, 2003.
The Superior Courts Bill will largely be giving effect to Item 16(6) of Schedule 6 to the Constitution, in terms of which all courts must be rationalised to establish a judicial system suited to the requirements of the Constitution.
It aims to rationalise and consolidate laws pertaining to the CC, the Supreme Court of Appeal and the High Courts, referred to collectively as the Superior Courts. It will also merge the Labour Court and the Labour Appeal Court with the proposed High Court of South Africa and the Supreme Court of Appeal, respectively.
The purpose of the Bill is to provide a speedy and uncomplicated mechanism whereby a victim of a sexual offence can apply to have the alleged offender tested for HIV and have the test results disclosed to the victim.
The Bill emanates from the SALRC's fourth interim report on Aspects of the Law Relating to AIDS. In its report, the Commission noted the vulnerability of women and children being infected with HIV as a result of rape and other sexual offences.
The Criminal Law (Sexual Offences) Bill emanates from an investigation by the SALRC. The aim of the Bill is to address mounting public concern about the high levels of rape and other sexual offences in South Africa.
According to statistics released by the Crime Information Analysis Centre of the SAPS in September 2004, 52 733 rape cases were reported in 2003/04.
The Bill was adopted for submission to Parliament in July 2003.
Amendments to the Bill were made on the request of the Portfolio Committee. The Bill was expected to be passed before the end of 2004.
The Constitution of the Republic of South Africa Amendment Act, 2003 (Act 2 of 2003), amended the Constitution of the Republic of South Africa to provide for the floor-crossing of members of political parties.
The Public Protector Act, 1994 (Act 23 of 1994), provides for the appointment of Deputy Public Protectors by the Cabinet member responsible for the administration of justice. There have been arguments that this erodes the independence of that office, as such a person (Deputy Public Protector) may eventually assume the duties of the Public Protector. The Act amended the principal Act so as to provide that only one Deputy Public Protector be appointed, and that he/she, as is the case with the Public Protector, be appointed by the President with the involvement of Parliament. The Act also contains amendments to the principal Act relating to the Office of the Public Protector, and regulates the remuneration and other terms and conditions of employment, vacancies in office, and removal from office of the Deputy Public Protector.
The Amendment Act, 2003 (Act 42 of 2003), amends the Criminal Procedure Act, 1977 (Act 51 of 1977), to among other things, introduce leave to appeal and petition procedures in respect of decisions of the lower courts.
The Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004), provides, among other things, for the strengthening of measures to prevent and combat corruption and corrupt activities.
President Thabo Mbeki officially opened the new building housing the CC on Human Rights Day, 21 March 2004.
The new Court building forms part of the new Constitutional Hill precinct, which is built on the site of Johannesburg's notorious old Fort Prison complex.
The precinct, which is open to members of the public, aims to tell South Africa's story of transition and democracy. (See chapter 5: Arts and culture.
The Supreme Court of Appeal, situated in Bloemfontein, in the Free State, is the highest court in respect of all other matters. It is composed of the President and Deputy President of the Supreme Court of Appeal and a number of judges of appeal determined by an Act of Parliament. The Supreme Court of Appeal has jurisdiction to hear and determine an appeal against any decision of a High Court.
There are 10 court divisions: Cape of Good Hope (with its seat in Cape Town), Eastern Cape (Grahamstown), Northern Cape (Kimberley), Orange Free State (Bloemfontein), Natal (Pietermaritzburg), Transvaal (Pretoria), Transkei (Umtata), Ciskei (Bisho), Venda (Sibasa), and Bophuthatswana (Mmabatho). Each of these divisions, with the exception of Venda, is composed of a Judge President and, if the President so determines, one or more Deputy Judges President, and as many judges as the President may determine from time to time.
There are also three local divisions: the Witwatersrand Local Division (Johannesburg), Durban and Coast Local Division (Durban) and South-Eastern Cape Division (Port Elizabeth). These courts are presided over by judges in the provincial courts concerned.
A provincial or local division has jurisdiction in its own area over all persons residing or present in that area. These divisions hear matters that are of such a serious nature that the lower courts would not be competent to make an appropriate judgment or impose a penalty. Except where minimum or maximum sentences are prescribed by law, their penal jurisdiction is unlimited and includes life imprisonment in certain specified cases.
The Superior Courts Bill and the Constitutional Amendment Bill were tabled before the Portfolio Committee on Justice and Constitutional Development during 2004.
The Superior Courts Bill is intended to rectify legal discrepancies by rationalising the former Supreme Court of South Africa and the High Courts of the former Transkei, Bophuthatswana, Venda and Ciskei states. It also deals with the integration of the Labour Court and Labour Appeal Court into the High Court system.
The Bill was expected to be passed in 2004.
By March 2003, there were 370 magistrate's offices, 51 detached offices, 107 branch courts and 234 periodical courts in South Africa, with 1 776 magistrates.
Except when otherwise provided by law, the area of civil jurisdiction of a Magistrate's Court is the district, subdistrict or area for which the Court has been established. South African law as applied in the Western Cape is in force on Prince Edward and Marion islands which, for the purpose of the administration of justice, are deemed to be part of the Cape Town magisterial district.
The limit of cases involving civil claims heard by the Small Claims Court was increased from R3 000 to R7 000 with effect from 1 April 2004.
By June 2004, there were 152 Small Claims Courts throughout the country.
The Commissioner of Small Claims is usually a practising advocate or attorney, a legal academic or other competent person, who offers his/her services free of charge.
Neither the plaintiff nor the defendant may be represented or assisted by counsel at the hearing. The Commissioner's decision is final and there is no appeal to a higher court.
A Magistrate's Court has jurisdiction over all offences except treason, murder and rape. The Regional Court has jurisdiction over all offences except treason. However, the High Court may try all offences. Depending on the gravity of the offence and circumstances pertaining to the offender, the DPP decides in which court a matter will be heard. He/she may even decide on a summary trial in the High Court.
a warning or caution discharge. The sentencing of 'petty' offenders to do community service as a condition of suspension, correctional supervision or postponement in appropriate circumstances has become part of an alternative sentence to imprisonment.
The Law Society of South Africa is the co-ordinating body of the various independent law societies.
In terms of the Right of Appearance in Courts Act, 1995 (Act 62 of 1995), advocates can appear in any court, while attorneys may be heard in all of the country's lower courts and can also acquire the right of appearance in the Superior Courts. An attorney who wishes to represent his/her client in the High Court is required to apply to the registrar of a provincial division of the High Court. Such an attorney may also appear in the CC. All attorneys who hold an LLB or equivalent degree, or who have at least three years' experience, may acquire the right of audience in the High Court.
The Attorneys Amendment Act, 1993 (Act 115 of 1993), provides for alternative routes for admission as an attorney. One of these routes is that a person who intends to be admitted as an attorney and who has satisfied certain degree requirements prescribed in the Act is exempted from service under articles or clerkship. However, such a person must satisfy the society concerned that he/she has at least five years' appropriate legal experience.
State law advisers give legal advice to Ministers, government departments and provincial administrations, as well as to a number of statutory bodies. In addition, they draft Bills and assist the Minister concerned with the passage of Bills through Parliament. They also assist in criminal and constitutional matters.
In terms of the NPA Act, 1998, State advocates and prosecutors are separated from the Public Service in certain respects, notably the determination of salaries.
The State Attorney derives his/her power from the State Attorney Act, 1957 (Act 56 of 1957), and protects the interests of the State in the most costeffective manner possible. He/she does this by acting on behalf of the State in legal matters covering a wide spectrum of the law.
controlling the administration of deceased and curatorship estates controlling the administration of insolvent estates and the liquidation of companies and close corporations controlling the registration and administration of both testamentary and inter vivos trusts managing the Guardian's Fund, which is entrusted with the funds of minors, mentally challenged persons, unknown and/or absent heirs, and creditors for administration on their behalf assessing estate duty and certain functions with regard thereto the acceptance and custodianship of wills in deceased estates acting as an Office of Record.
The Master's Business Unit was launched in Pretoria in October 2002, creating a structure for the Master's Division of the High Court. The Unit is responsible for the overall control of Master's Offices in the country, creating uniformity in Master's Offices; overall control of the Guardian's Fund; strategy and research; and the opening of new offices.
Four new Master's Offices were opened during 2003/04.
The Office of the Family Advocate provides support services for the Family Court pilot project. Most offices are involved in mediation training for a large contingent of social workers and other mentalhealth professionals.
The Office of the Family Advocate co-ordinates community-outreach programmes to assist children involved in family disputes.
The Draft Children's Bill provides for the extension of the role of the Family Advocate to areas such as mediation and the facilitation of family-group conferences. To assist family advocates in multidisciplinary enquiries about custody, access and guardianship disputes involving children, about 40 family counsellors (social workers) were expected to be appointed in 2004/05.
Established by the Legal Aid Act, 1969 (Act 22 of 1969), the Legal Aid Board provides publicly funded legal advice and representation in criminal and civil matters to individuals and communities in need.
The Legal Aid Board, through its public campaigns and partnerships, is committed to promoting a just society where constitutional rights and the rule of law are respected.
The Legal Aid Board's criminal work supports the constitutional guarantee of a criminal accused's right to a fair trial. In its civil work, the organisation places special emphasis on providing legal advice to protect and defend the rights of women, children and the rural poor.
The Legal Aid Board aims to extend its services to as many indigent persons in South Africa as possible. From time to time, matters arise in which the opportunity exists to undertake or fund litigation or other legal work which has the potential to affect the lives of large numbers of indigent persons in a positive way.
cases in which opportunity exists to establish a legal precedent that will be followed in dealing with indigent persons in similar matters class-action suits or litigation in a small number of matters, calculated to bring about the settlement of a much larger group of disputes the strategic intervention and rendering of nonlitigious legal services where the potential exists to materially improve the lives of a group or a significant segment of a group of indigent persons.
In civil matters, legal-aid applicants need to qualify in terms of a means test. The merits of an application are also considered.
In criminal matters, the means test is used as a point of departure, but the final test is whether or not the accused is able to afford the cost of his/her own legal representation and would suffer substantial injustice if not provided legal representation at State expense.
The Legal Aid Board's services are provided by salaried legal practitioners employed in its 58 justice centres and 20 satellite offices, by legal practitioners in private practice through the Judicare Scheme and through non-governmental organisations (NGOs) with which the Board has entered into cooperation agreements.
The Legal Aid Board aims to have its justice centres provide most of its legal assistance to indigent people.
In 2003/04, a total of 236 282 new matters were taken on by justice centres, 166 298 of which were finalised.
A total of 46 613 matters were handled by Judicare lawyers. A further 10 965 matters were handled by co-operation partners.
The Legal Aid Board's mission is to provide legal aid to as many indigent people as possible within its limited budget. It does this in an independent manner to enhance access to justice, and public confidence in the law and administration of justice, promoting the entrenchment of a rules-based society.
The Public Protector receives and investigates complaints from the public against government or its officials, and has the power to recommend corrective action and to issue reports.
The Public Protector's services are free and available to everyone.
Complainants' names are kept confidential as far as possible.
The President appoints the Public Protector on recommendation of the National Assembly and in terms of the Constitution, for a non-renewable period of seven years.
The Public Protector is subject only to the Constitution and the law, and functions independently from government and any political party.
No person or organ of State may interfere with the functioning of the Public Protector.
The Public Protector has the power to report a matter to Parliament, which will debate on it and ensure that the Public Protector's recommendations are followed.
In 2003/04, the Office of the Public Protector received 17 295 new cases, while 7 520 cases were brought forward from 2002/03. Of the 24 815 cases, 15 922 were finalised in 2003/04, leaving 8 280 to be carried forward to 2004/05.
Additional staff have been appointed to deal with the increased workload and backlog.
To remain relevant and useful to the community it serves, and to provide government with pragmatic advice, law reform must be supported by extensive research and effective public consultation. Consultation is required to ensure that the law reform process is consistent with the principles of participatory democracy where the law is influenced by those it affects.
A number of measures have been implemented to develop public participation in the SALRC's activities.
Since 1999, the SALRC has submitted 29 reports containing draft legislation to the Minister of Justice and Constitutional Development.
These include reports on critical areas such as compulsory HIV-testing of persons arrested in sexual-offence cases, traditional courts, security legislation, juvenile justice, review of legislation affecting children, Islamic marriages, a compensation fund for victims of crime, the repeal of the Black Administration Act, 1927 (Act 38 of 1927), and customary law of succession.
In terms of the Constitution, the Chief Justice and the Deputy Chief Justice, and the President and Deputy President of the Supreme Court of Appeal are appointed by the President after consulting with the JSC. Other judges are appointed by the President on the advice of the JSC.
The JSC was established in terms of Section 178 of the Constitution to perform this function.
It also advises government on any matters relating to the judiciary or the administration of justice.
Suitable candidates are short-listed by the JSC and invited for interviews. Professional bodies and members of the public are afforded the opportunity to comment before the interviews or make representations concerning the candidates to the Commission.
The JSC has determined criteria and guidelines for appointments, which have been made public.
During 2003, some 68 candidates were interviewed by the Commission and 27 appointments made. The Commission consists of 23 members.
The SAHRC, inaugurated on 2 October 1995, comprises a Commission and Secretariat. The aim of the Commission is to promote a culture of respect for human rights; to enhance the protection, development and attainment of human rights; and to monitor and assess the observance of human rights in South Africa.
investigate and report on the observance of human rights take steps to secure appropriate redress where human rights have been violated carry out research and educate require relevant State organs to provide the Commission with information on measures that they have taken towards realising the rights set out in the Bill of Rights concerning housing, healthcare, food, water, social security, education and the environment.
The Secretariat implements the programmes of the Commission and ensures the promotion and protection of rights by handling complaints of humanrights violations; monitoring observance of human rights; and through education, training and the dissemination of public information.
Some 9 464 complaints were received in 2003/04. The 78% increase in complaints received can be attributed to sustained education and training initiatives.
healthcare services in the Eastern Cape.
The NACHRET was established in April 2000. The Centre provides a platform for debate on humanrights issues aimed at enhancing an understanding of these issues and practices. The Centre also provides training and builds capacity both in South Africa and on the African continent with regard to human-rights themes, challenges and issues.
Chapter 9 of the Constitution provides for the establishment of the CGE. Section 187 of the Constitution specifically grants the CGE powers to promote respect for, and to protect, develop and attain gender equality. The composition, functions and objectives of the CGE are outlined in the CGE Act, 1996 (Act 39 of 1996).
The CGE comprises seven commissioners, one chairperson and 33 members of the Secretariat who fall within four departments and are based in six provinces. The other three provinces are serviced from the head office based in Johannesburg. It was envisaged that two more offices would be established in two provinces in the 2004/05 financial year.
gathering information and conducting education on gender equality and the human rights of women monitoring and evaluating the policies and practices of State organs, statutory and public bodies, as well as the private sector, to promote gender equality evaluating Acts in force, or Acts proposed by Parliament, affecting or likely to affect gender and women's human rights investigating any gender-related complaints received or on its own initiative liaising with institutions, bodies or authorities with similar objectives conducting research to further the objectives of the CGE. The CGE works in partnership with various civilsociety structures and other organisations with similar objectives.
During 2003/04, the CGE received 2 127 complaints relating to discrimination, 45% of which were concluded and 30% referred to other institutions.
32% of the complaints received were from men and the rest from women gender-based violence and maintenance-related complaints constituted 50% of complaints welfare and employment complaints constituted more than 5% each the rest related to customary law, media and court processes. As a result of the nature of complaints received in previous years, the CGE embarked on evaluation, monitoring and research on gender-based violence and maintenance.
The TRC was established in terms of the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995), to help deal with human rights abuses that were perpetrated under South Africa's Apartheid Government.
The President's Fund was established in terms of Section 42 of the Promotion of National Unity and Reconciliation Act, 1995.
In February 2004, government decided to deal with the regulations on reparations in two phases. Phase One dealt mainly with the payment of onceoff individual reparation grants of R30 000.
By February 2004, the President's Fund was giving effect to these provisions.
number of persons paid - 11 735 amount paid - R353 million number of persons still to be paid - 3 739. The persons still to be paid included beneficiaries of deceased victims who, in terms of the regulations, had to be referred to courts, and their names displayed on notice boards for a period of 30 days. This was done to invite persons who might have a higher preference to the claim than the beneficiary who received the interim reparation to come forward.
Included in the creditors still to be paid were persons who did not supply their banking details, as well as some whose bank accounts had been automatically closed due to inactivity.
Phase Two of the regulations will deal with programmes that will provide for medical benefits, education assistance, housing, and other social benefits, as well as symbols and monuments.
The Directorate is involved in direct liaison and negotiations at administrative and technical levels with foreign states in an effort to promote international legal co-operation, and for the possible conclusion of extradition and mutual legal-assistance agreements.
The Directorate co-ordinates human rights issues at international level under the auspices of the United Nations (UN) and the African Union.
the establishment of regular liaison with SADC states the co-ordination of all Commonwealth matters pertaining to the administration of justice interaction with other international bodies, such as the UN, the Hague Conference and the International Institute for the Unification of Private Law interaction with foreign states outside the SADC region negotiation of extradition and mutual legalassistance agreements with other countries preparation of Cabinet and Parliament documentation for the ratification of human-rights treaties, including report-writing.
ensure the effective implementation of the Rome Statute of the ICC in South Africa ensure that South Africa conforms with the obligations set out in the Statute address the crime of genocide, crimes against humanity, and war crimes address the prosecution in South African courts of persons accused of having committed the said crimes in South Africa and beyond the borders of South Africa in certain circumstances deal with the arrest of certain persons accused of having committed the said crimes and their surrender to the ICC in certain circumstances address co-operation by South Africa with the ICC.
The Draft White Paper on Corrections embodies the Department of Correctional Services' long-term strategic policy and operational framework that recognises corrections as a societal responsibility and puts rehabilitation at the centre of all the Department's activities.
The Department is required to deliver focused quality services to all persons under its care, effectively manage correctional officials and substantially improve its management of relations with accredited external stakeholders and oversight authorities.
The Department recognises the enormous challenge it faces: to change the profile of the correctional official from that of a prison warder to that of a role model and rehabilitator. Developing the final White Paper and delivering services according to its principles will be a key priority over the next three years.
The acknowledged and intended functions of the Department as detailed in the Draft White Paper will require substantial resources and innovative approaches to correction, development, care, reintegration and aftercare of offenders. The establishment of centres of excellence in various regions as sustainable service-delivery points will enable the Department to phase in interventions and services to promote excellence, taking advantage of the best practices within and outside the system. The White Paper Implementation Plan details the activities to be realised.
The White Paper roll-out is a deliberate effort aimed at promoting partnership, ownership, and participation from correctional staff, NGOs, government departments, individuals and collectives.
The Department has undergone extensive restructuring in the last two years to realign itself with the Draft White Paper.
The aim of the Department of Correctional Services is to contribute towards maintaining and protecting a just, peaceful and safe society by enforcing courtimposed sentences, detaining offenders in safe custody, and promoting the social responsibility and human development of all offenders and persons subject to community-correction programmes.
R2 707 million on administration. By 31 March 2004, the Department had a personnel force of 32 786, with 187 903 offenders incarcerated in 241 prisons countrywide. By 31 March 2004, there were 51 281 parolees and 26 257 probationers within the system of community corrections.
Strategies have been adopted to balance the need for security with the need for conditions that are conducive to rehabilitation. The Gearing Department of Correctional Services for Rehabilitation Project was introduced in 2002/03, which involved a substantial review of rehabilitation, and identified key service-delivery areas: corrections, development, security, care, facilities and after-care. This comprehensive approach entails all aspects of the Department's core business, and requires developing new policy regarding the types of correction programmes offered and the recruitment and training of prison personnel.
In line with the Vienna Declaration on Crime and Justice, the Department has embraced the restorative-justice approach aimed at reducing crime and promoting healing between offenders, victims and the community.
The process to conduct public education campaigns has begun to raise awareness of the implementation of restorative-justice programmes and policies. This project intends to facilitate the mediation process between victims of crime and offenders, in an attempt to bring about restitution and reparation. This will be done by means of developing restorative-justice and victim-empowerment programmes.
four temporarily inactive prisons (closed down for renovations). In prisons where male, female and juvenile offenders are accommodated, female and juvenile offenders are housed in separate designated sections.
The problem of prison overcrowding remains the most important influence on the Department's budget and performance, especially in relation to rehabilitation.
Figures on overcrowding in South Africa's prisons released in February 2004, indicated that the prison population at the time was 187 065. This figure consisted of 54 750 unsentenced prisoners and 132 315 sentenced prisoners.
The prison's capacity on 30 April 2004 stood at 114 787, meaning that at the time, the country's prisons were overpopulated by 64%.
The daily average prisoner population is projected to increase to 188 100 prisoners in 2004/05, 195 300 in 2005/06 and 202 400 in 2006/07.
A notable contributing factor is the awaiting-trial and awaiting-sentence prisoner population. Despite decreases in this population in the last three years, at the end of April 2004 there were some 53 880 prisoners awaiting trial and prisoners awaiting sentencing in South Africa's prisons - representing about 28,7% of the total prison population of 187 903 as at 30 April 2004.
The building and staffing of new prisons, designed cost-effectively.
The finalisation of prison procurement models.
The Department of Correctional Services is cooperating with other departments in the IJS, notably the Department of Justice and Constitutional Development, on a range of projects to reduce the number of prisoners.
The Department is also promoting awareness in the IJS of alternative sentencing options and diversion programmes.
A JCPS Cluster Task Team on overcrowding, established at the end of 2002, monitors the CJS to identify and eliminate blockages that result in increased prisoner numbers.
In September 2003, Cabinet approved the advance by nine months of the parole date of certain categories of sentenced prisoners, to alleviate overcrowding. This immediately reduced the prisoner population by about 7 000 inmates.
Since 1994, 10 new prisons have been constructed and two rebuilt to address the problem of overcrowding. Two of the 10 prisons are public-private partnership prisons. They will have a combined capacity of 5 952.
Members of the JCPS Cluster are working together to reduce the awaiting-trial population by speeding up court processes through Saturday Courts and the free participation of the Law Society of South Africa in dealing with court cases to promote plea-bargaining.
This resulted in a drastic reduction of the prison population in 2003.
Work has begun on the construction of four new prisons in Leeuwkop, Nigel, Klerksdorp and Kimberley under the 'new generation' concept. The first prison is expected to be completed by January 2007. Each of these prisons will be able to accommodate about 3 000 prisoners. By mid-2004, Phase One of the upgrading of and additions to the existing prison at Klerksdorp was completed and the prison handed over to the Department.
In terms of the new release policy, no offender may be considered for parole before he/she has completed at least half of his/her sentence.
These changes are expected to place an even greater burden on prisons as it is likely to increase the average length of prison sentences.
From 1 January to 31 December 2003, there were 234 escapes from South Africa's prisons. There were 391 escapes in 1999/00, 241 in 2000/01, 233 in 2001/02 and 281 in 2002/03.
The Department has put in place various measures aimed at combating escapes. These include the optimal utilisation of existing security aids and equipment, continued evaluation of security directives, upgrading of personnel training, disciplinary action against negligent personnel, rewarding offenders who report or warn of planned escapes, and the installation of electronic fences and X-ray scanners in high-risk prisons.
The Department is in the process of upgrading and intensifying the use of equipment to increase the level of security in prisons, thereby ensuring the protection of offenders, officials and the public. The Department has created a culture of security awareness among its staff. All managers are involved in monitoring and ensuring adherence to security policies and procedures, through strict supervision, control mechanisms and disciplinary action against negligent officials.
Progress has been made with the development of the inmate tracking system. The aim is to identify and track persons in prison more effectively, reducing both prisoner delays in court attendance, and escapes. The pilot project in the Durban Westville Correctional Centre started in January 2004.
Offenders are classified into minimum, medium or maximum custodial categories. Variables taken into account include the type of crime committed, the length of the sentence, and previous convictions. The safe-custody classification of every offender is reviewed regularly, and if his/her behaviour, or any other aspect affecting his or her security risk, justifies it, reclassification takes place.
In terms of the Constitution, a child is a person under the age of 18 years. The Department of Correctional Services regards a person between the ages of 14 and 25 years as a youth. The Department is responsible for the detention, treatment and development of sentenced juveniles.
Section 7(2)(c) of the Correctional Services Act, 1998 (Act 111 of 1998), stipulates that children must be kept separate from adult offenders and in accommodation appropriate to their age, as young offenders are predisposed to negative influence. The aim of this separation is the provision of distinctive custodial, development and treatment programmes, as well as spiritual care, in an environment conducive to the care, development and motivation of youths to participate and to develop their potential.
The nature of serious offences committed or allegedly committed by some 4 158 children under the age of 18 who were awaiting trial or sentenced is alarming. In 2003/04, there were 1 844 economic-related offenders under 18; 1 627 aggressive crime offenders; 511 sexual offenders under the age of 18; and 176 drug-related and other types of offences.
Likewise, of the crimes committed by 36 311 sentenced youths between the ages of 18 and 25, a total of 12 440 were aggressive, 15 100 economical, 5 395 sexual, and 3 376 drug-related and other types of offences.
The crimes allegedly committed by 26 783 unsentenced youths between the ages of 18 and 25 consisted of 13 148 aggressive, 8 404 economical, 3 682 sexual and 1 549 drug-related and other types of offences.
There are 13 youth correctional facilities in the country, namely Hawequa, Brandvlei, Drakenstein Medium B and Pollsmoor Medium A (Western Cape); Leeuwkop, Emthonjeni and Boksburg (Gauteng); Rustenburg (North West); Durban and Ekuseni (KwaZulu-Natal); Groenpunt and Kroonstad (Free State); and Barberton Prison (Mpumalanga).
Mother-and-child units have been established in eight female prisons nationally. By 31 March 2004, there were 210 infants under the age of five in prison with their mothers. Policy on such infants clearly stipulates that mothers and children are kept in a separate unit within the prison, where the surroundings and facilities are complementary to the sound physical, social and mental care and development of children.
The policy also stipulates that the admission of an infant with a mother is permitted only if no other suitable accommodation and care are available at that stage, and that it should be regarded as a temporary measure.
The right of the mother to have her child with her during admission promotes a positive relationship between mother and child. The policy emphasises that the mother should be taught good child-care practices for her own self-esteem and self-confidence, and for the benefit of the child.
The main objectives of the privilege system are to encourage offenders to display good behaviour, engender a sense of responsibility in them, and ensure their interest and co-operation in treatment programmes.
The system consists of primary and secondary privileges. Primary privileges are aimed at the retention, maintenance or furthering of family ties to, among other things, facilitate reintegration into the community. These privileges are divided into A, B and C groups. The entry level for all new admissions is the B group and, depending on behaviour, an offender may be promoted or demoted to either the A or the C privilege group.
Secondary privileges are aimed at leisure-time activities such as participation in sports and watching television. No sentenced offenders are allowed to receive food from outside prison or to use private electrical appliances.
The healthcare of offenders is regarded as an important responsibility of the Department, and includes nutrition, personal care, environmental hygiene and pharmaceutical services. The Department endorses the fundamental rights and privileges of all offenders.
In accordance with the Correctional Services Act, 1998, an independent judicial inspectorate regularly inspects all prisons and reports on its conditions and the treatment of offenders.
The policy and administrative framework for the maintenance of an adequate, affordable and comprehensive healthcare service is based on the principles of Primary Healthcare (PHC). The service includes mental, dental and reproductive health, supplementary healthcare, health-promotion management of communicable diseases (including HIV, AIDS and sexually transmitted infections [STIs]) and referrals where necessary, through the acknowledgement of national and international norms and standards, within the limited available resources.
the strict pursuance of ethical codes by health professionals regular health-quality inspections strict compliance with rules of confidentiality and privacy with regard to the medical records of patients the continuous evaluation and upgrading of medical emergency services. The Department of Correctional Services provides a system in which offenders are treated in the same way as other patients in the State sector through PHC principles.
Offenders in need of further healthcare are, as far as possible, treated in State hospitals. The use of private hospitals for offenders is permitted in cases where public hospitals are unable to provide access to healthcare and only after approval by the Provincial Commissioner of Correctional Services.
toilet and bathing amenities with warm water suitable clothing and comfortable shoes adequate bedding a clean and healthy environment safe water-supply the promotion of a smoke-free prison environ ment. To provide prisoners with access to medical care, the Department concluded service level agreements with the Western Cape in 2003/04 and envisaged concluding such agreements with the remaining provinces during the 2004/05 financial year.
The Minister of Correctional Services approved the Department's HIV and AIDS Policy in October 2002. The Department will be involved in the rollout of government's antiretroviral implementation plan to HIV-positive prisoners during the medium term.
prevention, which involves the promotion of safe sexual practices, management and control of STIs, provision of condoms and access to voluntary counselling and testing treatment, care and support respect for human rights awareness campaigns and the commemoration of HIV and AIDS calendar events partnerships with other government departments, the private sector, NGOs and educational institutions peer-led education programmes to introduce behavioural changes among peers the appointment of employee-assistance practitioners to implement employee-wellness programmes principles of universal precautions, which provide personnel and offenders with guidelines and procedures regarding the handling of all body fluids.
all offenders with three nutritious meals per day, and with a therapeutic diet when prescribed by a medical doctor religious and cultural diets.
The aim of rehabilitation is to provide treatment and development programmes to offenders in partnership with the community to enhance personal and social functioning, and to prepare them for reintegration into the community as productive, welladapted and law-abiding citizens.
A multidisciplinary team, consisting of social workers, psychologists, chaplains, educators, correctional officers and others (the external community), addresses the basic needs of offenders by means of comprehensive assessments and various needs-based programmes.
The further establishment of training centres in the various provinces is aimed at equipping offenders with basic technical skills in a variety of fields such as brick-making, brick-laying, woodwork, welding, garment-making, etc. Training is also provided in business skills to equip individuals to operate their own small businesses upon release.
The Department is in the process of researching, designing and developing needs-based correctional programmes to target and address the offending behaviour of individual offenders.
During the 2004/05 financial year, the Department was set to design, develop and implement policy, guidelines, instruments, processes and procedures on risk assessment and profiling, including monitoring and evaluation mechanisms. Various work sessions between management and the National Council on Correctional Services took place to clarify the roles and responsibilities of members of the various remission and parole boards. As soon as the appointments are finalised, training will begin, and 52 new boards aligned with the new legislative requirements were expected to come into operation during 2004/05.
Institutional committees at each prison are responsible for ensuring a professional and co-ordinated approach towards the incarceration, treatment, training and development of all offenders. This is implemented by means of a multidisciplinary approach in which all role-players are involved, i.e. those concerned with custodial, training, educational, psychological, religious-care and social-work functions, recreational sport and library projects, as well as self-sufficiency and skills programmes.
Institutional committees have statutory decisionmaking competency with regard to the safe custody of offenders, individual participation, subgroup and group programmes, as well as the prompt rewarding of positive behaviour.
All offenders have a right to basic education and training. The aim is to enhance the education level and improve the skills of offenders to facilitate their reintegration into the community. Services are provided to sentenced and unsentenced offenders in collaboration with external partners (government institutions, training boards, NGOs, etc.) and are in line with the provisions of the South African Qualifications Authority and the National Qualifications Framework.
business and engineering correspondence studies technical studies vocational training occupational skills training instruction in recreation and sport arts and culture programmes life-skills training and development entrepreneurial skills training computer-based training. The main emphasis is on the provision of literacy and numeracy programmes, which include training in occupational, life and entrepreneurial skills, and should enhance the chances of the successful reintegration of the offender into the community and labour market.
Inmates are encouraged to take part in sport, recreation, arts and culture activities as far as possible.
By February 2004, 8 375 inmates had benefited from the ABET Programme. As some of the prisoners are of school-going age, they are given the opportunity to study.
Partnership agreements and formal working relationships were established with external serviceproviders of voluntary services in relation to formal education and skills development. During 2003, a total of 347 bursaries (for 329 prisoners and 18 officials) were granted for ABET practitioner training within the Department of Correctional Services, sponsored by the University of South Africa and the United Kingdom's (UK) Department for International Development. A total of 204 prisoners were trained during the 2003 academic year, as reading, communication and life skills instructors, in a project facilitated by the Re-educate Trust. The Department of Labour (National Skills Fund) allocated some R13,1 million for the training of prisoners in basic occupational skills.
By February 2004, about 12 400 inmates had been trained in 14 of the Department of Correctional Service's training centres throughout the country in various fields such as computers, brick-laying, woodwork, welding, etc. Between 2002 and 2003, about 13 government departments purchased 6 640 of the items produced in the Department's workshops, generating revenue of about R6,8 million.
These training facilities are also available to members of the neighbouring communities to empower themselves. The Vukukhanye Youth Development Project in the Western Cape is a prime example - 78 trainees from Paarl and Franschoek graduated with technical skills in garment-making, cabinet-making, upholstery and other fields in early 2004.
Spending on development is expected to increase by an annual average of 13,8% per year over the period 2000/01 to 2006/07.
Psychological services are provided for sentenced offenders and persons subject to community corrections, to maintain or enhance their mental health and emotional well-being.
The number of psychologists decreased from 31 to 23 in 2004 which impacted on the rendering of services. Psychologists held 3 560 individual therapy sessions, 403 group sessions and 46 family sessions.
The Department intends to alleviate the shortage of psychologists by utilising community psychologists on an annual basis in co-operation with the Department of Health. This venture will also support the Department of Correctional Services' rehabilitation drive and serve as a solution for continual recruitment.
offenders can see a private psychologist at their own expense final-year students who are busy with their MA degrees in Clinical or Counselling Psychology provide services without remuneration under the supervision of their respective universities.
Social Work Services aims to provide professional services to help offenders cope more effectively with their problems with social functioning, and to prepare them for reintegration into the community.
Treatment programmes offered by Social Work Services comprise structured programmes on issues such as life skills, family care and marriage, alcohol and drug abuse, orientation, sexual offences, trauma, pre-release, and HIV and AIDS.
In May 2004, the Department employed 489 social workers.
An important challenge is the growing number of people living with HIV and AIDS, as not all social workers possess the necessary training to qualify them as HIV and AIDS counsellors.
Research on the rehabilitation of offenders found that there was a need for rehabilitation interventions to be systematic and needs-based. This led to the development of a framework/model of intervention that aims to assist in the consistent and intensive assessment and evaluation of offenders' needs and rehabilitation programmes.
All social workers in the Department have received training on the model of intervention to assist in the consistent assessment of offenders and provision of needs-based rehabilitation programmes. All social workers are implementing the intervention model.
However, other structured programmes are still being offered as a preventative measure, e.g. the programme on HIV and AIDS offered to young offenders.
Spiritual-care services are rendered through needsbased programmes within a multidisciplinary context to persons who are in the care of the Department. This is done in partnership with churches or faith-based organisations (FBOs) and other roleplayers with the aim of rehabilitating offenders and reintegrating them into the community.
It also aims to contribute to changing the offenders' behaviour, based on a lifestyle which is in accordance with the acceptable values and norms of their faith.
Spiritual-care services are rendered to sentenced and unsentenced offenders, probationers, parolees and personnel on an ad hoc basis.
During 2003, a survey was conducted to determine the spiritual needs of offenders.
The Department employs full-time chaplains and part-time spiritual workers from various religious backgrounds.
The extent of religious/spiritual counselling is reflected by the 45 245 spiritual services, 39 371 group sessions and 71 841 individual sessions held for offenders in 2003/04.
Quarterly meetings are held with the chaplains of the South African National Defence Force and the SAPS to discuss issues of common concern.
The Department is a member of the International Prison Chaplaincy Association (IPCA). A working relationship also exists with FBOs like Prison Fellowship International, Alpha, New Life Behaviour Ministries and Kairos.
Provision is made for offenders to observe the main religious festivals and holy days such as Ramadan, Passover, Good Friday and Christmas. Religious and spiritual literature, such as the Bible and the Qur'an, is supplied to offenders.
The parole and correctional-supervision policy deals with and also provides for a non-parole period. In terms of the Correctional Services Act, 1998, offenders are not considered for parole until they have served at least half of their original sentences or the non-parole period, whichever is the longer.
Courts are empowered to build a non-parole period into the sentence of any convicted criminal. This period may be as much as two-thirds of the total sentence. A person declared a habitual criminal may not be considered for parole before having served at least seven years in prison. An offender serving a life sentence may not be considered for parole until he/she has served at least 25 years of his/her sentence.
Specialists from the community are also involved in the presentation of the programme. Care and support for an offender are prerequisites for placement in the community. Before offenders are placed, they are assisted with obtaining employment and accommodation, or at least care and support. Community involvement in supporting offenders after release is encouraged.
By mid-2004, the Department was drafting an after-care policy to facilitate the social acceptance and reintegration of offenders into the community, and involve the community in the process. The policy is expected to be implemented during the 2005/06 financial year after approval by the Minister of Correctional Services.
Plans are being implemented to make community correction offices more widely accessible to the majority of offenders and the community, especially in rural areas. The final location and decentralisation of the offices is envisaged by the end of 2006/07. In 2004, there were 175 fully functional offices and 21 suboffices.
A revised classification system for offenders subject to community corrections is being developed. The intention is to align offenders' classification with the principles of rehabilitation, requiring more interaction between offenders and their supervision officials. This system was expected to be phased in during 2004/05.
The Department managed to increase the percentage of absconders traced, from 40,5% in 2001/02 to 68,2% in 2002/03. This was achieved through an increase in the personnel responsible for managing and controlling offenders under community corrections.
To achieve these goals, parolees are allocated to a supervision official of the Department, who ensures that they are regularly monitored. Contra-vention of parole conditions leads to stricter conditions and increased supervision or reimprisonment for a part of or the entire remainder of the parole period.
Based on their risk profile, parolees are placed in minimum, medium or maximum supervision categories. These supervision categories are also applicable to probationers. Awaiting-trial persons under community corrections are classified under the maximum supervision category.
Parolees are confined to their homes according to their monitoring categories. Monitoring includes visits to the parolee's home and workplace, telephonic liaison and reports to the Community Corrections Office.
Parliament approved amendments to the Correctional Services Act, 1998 to address concerns about the lack of community involvement in the parole system. According to the amendments, the composition of the new parole boards includes three permanent members from the community: the chairperson, members from the departments of Correctional Services and of Justice and Constitutional Development, as well as the SAPS.
The victim may also participate or be represented at the parole hearing, to allow, for the first time, the direct participation of victims in the justice system instead of them being called upon only as prosecution witnesses.
In 2002/03, some 5 413 parole absconders were traced. They were either referred back to court to receive alternative sentences or sent back to prison to serve the remainder of their sentences.
In terms of the Act, parolees must do community service. Correctional supervision aims to control and rehabilitate those who can serve their sentences in the community. Offenders who pose a real threat to the community and who have chosen crime as a career, however, do not qualify for correctional supervision.
house arrest community service, rendered free of charge victim's compensation restriction to a magisterial district prohibition on alcohol usage or abuse participation in certain correctional programmes. If the set conditions are violated, the probationer can be referred to the court of first hearing for consideration of an alternative sentence or, in certain cases, be admitted directly to prison to serve the remainder of his/her sentence.
Section 117(e) of the Correctional Services Act, 1998 makes it an offence for a probationer or parolee to abscond from the system of community corrections. If found guilty, they may receive an additional sentence of up to 10 years' imprisonment.
A small number of offenders are placed on day parole either because they are institutionalised or they have a doubtful prognosis and pose a high security risk to the community. These offenders are gradually resettled into the community as a bridging measure, instead of being released upon termination of sentence. Day parolees have to comply with certain conditions. Contravention leads to withdrawal of privileges, stricter conditions or suspension of day parole.
Certain categories of offenders are allowed to spend weekends at home. Inmates may temporarily leave prison for compassionate leave, consolidation of family ties, preparation for release, or for reasons that involve the reintegration of the offender into society.
The Correctional Services Act, 1998 empowers the Minister of Correctional Services to enter into joint ventures with the private sector to design, construct, finance and operate any prison or part of a prison.
The first privately operated prison is the 2 928bed Mangaung Maximum Security Prison near Bloemfontein. The 3 024-bed Kutama Sinthumule Maximum Prison at Makhado (formerly Louis Trichardt) in Limpopo, is the second facility to be built and operated by a private-sector company in South Africa.
The Repair and Maintenance Programme has also been embarked upon. The Programme addresses backlogs in maintenance and inhumane conditions under which offenders are incarcerated.
Forty-three prisons were repaired as part of the Department's Repair and Maintenance Programme during the 2002/03 financial year, against an initial target of 44.
The Programme accounted for about 32% of the budget of the Department in 2004/05, and will remain at approximately this level throughout the medium term. Over the medium term, the budget for administration will grow by an average of 6,6% a year, mainly because the Department will focus on increasing its anti-corruption capacity and investment in HRD.
The major unions active in the Department are the Police and Prisons' Civil Rights Union, the Public Servants' Association and the Democratic Nursing Association of South Africa.
promote co-responsibility for offender management and crime prevention share responsibility for the rehabilitation and reintegration of offenders into the community maximise the use of public and private resources. The Department actively participates in the initiative of the NCPS to establish Community Safety Centres. The aim of these Centres is to provide integrated services in South Africa's disadvantaged communities. The departments of Correctional Services, Health, Social Development, Justice and Constitutional Development and the SAPS provide these integrated services to the community under one roof. Two Community Safety Centres were opened at Nsimbini in KwaZulu-Natal and at Leobeng in Limpopo.
Since the launch of the Programme, the majority of prisons have engaged in projects, but in 17 areas they have managed to realise surplus produce in agriculture which is donated to old-age homes, school children, the disabled, orphanages and poor community members living in the vicinity of the country's prisons.
The Department has managed to reach 83% self-sufficiency in the production of pork, 67% in vegetable production, 53% in the production of eggs and 45% in the production of chickens. Efforts are being made to raise the levels of self-sufficiency in the production of other foodstuffs.
Since the Department intensified its anti-corruption measures in 1996, more than 500 various cases were handled. The measures include the approval of a National Risk Management Plan and Anti-Corruption Strategy as well as the establishment of a formal Anti-Corruption Unit to manage the Strategy.
The Department has its own anti-corruption unit. The Chief Directorate: Legal and Special Operations has been created, under which the Departmental Investigation Unit (DIU) and the Directorate: Code Enforcement reside.
The DIU is responsible for the prevention and investigation of corrupt elements, fraud and maladministration within the Department.
There are three desks in this Directorate, namely Investigations, Prevention and Integrity. The Investigations Desk conducts and manages all the investigations in the Unit. The Prevention Desk is responsible for developing corruption-prevention mechanisms and conducting trend analyses. The Integrity Desk conducts vetting of employees and investigations emanating from breach of security by members.
The DIU is spearheading the implementation of the Anti-Corruption Strategy.
The Department is increasing the capacity of the DIU. It works in partnership with the SIU, SAPS and the DSO in a concerted effort to root out corruption.
During 2003, officials from the Department of Correctional Services visited several countries such as Algeria, the UK, the Netherlands, the United States of America and others to raise the country's profile and to create an atmosphere for a healthy exchange of ideas on corrections.
The Department has established relations with organisations such as the American Correctional Association, the IPCA and the International Corrections and Prisons Association.
The Department hosted a meeting of Ministers in the SADC responsible for corrections in Johannesburg. The aim of the meeting was to exchange views on how to create a corrections and justice forum to enhance co-operation in these matters within the region.
The Department is considering the development of policy guidelines to enable government to enter into Prisoner Transfer Agreements with other countries. This policy advocates for the return of prisoners sentenced in foreign countries to enable them to complete their sentences closer to their families and the communities they will be released into. This affects both South Africans in foreign prisons as well as foreigners in South African prisons.
The policy has yet to go through normal government processes for final approval by Cabinet.
Beeld BuaNews Commission on Gender Equality Department of Correctional Services Department of Justice and Constitutional Development Estimates of National Expenditure 2004, published by National Treasury Johannesburg News Agency South African Law Reform Commission www.gov.za www.southafrica.
Albertyn, C. et al, eds. Introduction to the Promotion of Equality and Prevention of Unfair Discrimination Act (Act 4 of 2000). Johannesburg: Witwatersrand University Press, 2001.
Asmal, K., Asmal, L. and Roberts, R. S. Reconciliation through Truth: A Reckoning of Apartheid's Criminal Governance. 2nd ed. Cape Town: David Philip, 1997.
Bennett, T. W. Customary Law in South Africa. Cape Town: Juta, 2004.
Burchell, J., and Erasmus., A. Criminal Justice in a New Society: Essays in Honour of Solly Leeman.
Chanock, M. The Making of South African Legal Culture, 1902 - 1936: Fear, Favour and Prejudice. Cambridge: University Press, 2001. Child and Youth Misbehaviour in South Africa: A Holistic View, edited by C. Bezuidenhout and S. Joubert. Pretoria: Van Schaik, 2003. Chubb, K. and Van Dijk, L. Between Anger and Hope: South Africa's Youth and the Truth and Reconciliation Commission. Johannesburg: Witwatersrand University Press, 2001. Coleman, M. ed. Crime against Humanity: Analysing the Repression of the Apartheid State.
Commission; Cape Town: David Philip, 1998.
Gibson, J. L. Overcoming Apartheid: Can Truth Reconcile a Divided Nation. Cape Town: HSRC Press, n.d.
Hund, J. Witchcraft, Violence and the Law in South Africa. Pretoria: Protea, 2003.
James, W. G. and Van de Vijver, L. eds. After the TRC: Reflections on Truth and Reconciliation. Cape Town: David Philip, 2000.
Lange, C. and Wessels, J. The Right to Know: South Africa's Promotion of Administrative Justice and Access to Information Acts. Cape Town: Siberink, 2004.
Law of South Africa (LAWSA), Encyclopaedia of South African Law. Durban: Butterworth, 1976.
Murray, C. and Nijzinky, L. Building Representative Democracy: South Africa's Legislatures and the Constitution. Cape Town: Parliamentary Support Programme, 2002.
Murray, J. The Law in South Africa: A Practical Guide. 5th ed. Gardenview: Legal and General Publishers, 2002.
Ncube, W., ed. Law, Culture and Tradition: Children's Rights in Eastern and Southern Africa. London: Ashgate, 1998.
Ndung'u, S. The Right to Dissent: Freedom of Expression, Assembly and Demonstration in South Africa. Johannesburg: Freedom of Expression Institute, 2003.
Pistorius, M. Catch Me a Killer: Serial Murders: A Profiler's True Story. Sandton: Penguin, 2000.
Provocation of Amnesty: Memory, Justice and Impunity, edited by E. Doxater and C. Villa-Vicenco. Cape Town: David Philip, 2003.
Repairing the Unforgivable: Reparations, Restoration and Renewal, edited by E. Doxater and C. Villa-Vicenco. Cape Town: David Philip, 2003.
Street Law South Africa: Practical Law for South Africans, edited by D. McQuoid-Mason. Cape Town: Juta, 2004.
<fn>GOV-ZA.2004AudeclarationEn.2012-02-10.en.txt</fn>
Addis Ababa, ETHIOPIA P. O.
Accelerate the implementation of gender specific economic, social, and legal measures aimed at combating the HIV/AIDS pandemic and effectively implement both Abuja and Maputo Declarations on Malaria, HIV/AIDS, Tuberculosis and Other Related Infectious Disease.
We request the chairperson of the African Union Commission to submit, for our consideration, an annual report, during our ordinary sessions, on measures taken to implement the principle of gender equality and gender mainstreaming, and all issues raised in this Declaration both at the national and regional levels.
<fn>GOV-ZA.2004En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2004annualscsrreportEn.2012-02-10.en.txt</fn>
Results: 21 to 40 of 287 (104467 searched in 0.633.
URL: http://www.info.gov.za/speeches/2004/04012114461002.
Today the Department of Public Works will demolish two buildings, namely Manie Maritz Hof and Wessel Pretorius Hof at Thaba Tshwane in Pretoria. Both Tshwane Metro Police, SAPS and Fire Departments will be on standby, including medical doctors and related staff. The National Department of Public Works remains one of the largest clients of the Tswane Metropolitan.
URL: http://www.info.gov.za/speeches/2004/04050412451002.
URL: http://www.info.gov.za/speeches/2004/04050514151001.
It was only on 23 June this year that, at the request of the Regional Land Claims Commissioner, Western Cape, we as the Department of Public Works attended an inspection-in-loco and preliminary negotiations around the land claim against what was then state-owned land, otherwise known as farm Covie 287. We also suggested that if the Department of Agriculture and Land Affairs acceded to the land claim, we would also recommend that land (NB: valued at R9.
URL: http://www.info.gov.za/speeches/2004/04062410151003.
The Minister of Social Development, Dr Zola Skweyiya, will today at 15:00 meet with the King of Pondoland Kumkani Thandizulu Sigcau to discuss further cooperation with regard to poverty alleviation as well as to combat HIV/AIDS especially its effect amongst children.
URL: http://www.info.gov.za/speeches/2004/04062514151001.
Results: 21 to 32 of 32 (104467 searched in 0.458.
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Tel: +27-46-603-8111 Fax: +27-46-622-5049 Email: registrar@ru.ac.
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<fn>GOV-ZA.2005005En.2012-02-10.en.txt</fn>
To change the manner of referring to the Constitution of the Republic of South Africa, 1996, and to laws amending it; to substitute the short titles of laws amending the Constitution of the Republic of South Africa, 1996; and to provide for matters connected therewith.
From the date of commencement of this Act, no Act number is to be associated with the 'Constitution of the Republic of South Africa, 1996 (Act 108 of 1996)'.
Any reference to the 'Constitution of the Republic of South Africa, 1996 (Act 108 of 1996)', contained in any law in force immediately prior to the commencement of this Act, must be construed as a reference to the 'Constitution of the Republic of South Africa, 1996'.
The laws specified in the second column of the Schedule are hereby amended to the extent set out in the third column thereof.
From the date of commencement of this Act, no Act number is to be associated with or allocated to any law amending the Constitution of the Republic of South Africa, 1996.
The short titles of laws amending the Constitution of the Republic of South Africa, 1996, passed by Parliament after the commencement of this Act must reflect their chronological order, in line with the short titles indicated in the third column of the Schedule; the first such law passed after this Act takes effect starting with the number following the last number indicated in the third column of the Schedule.
This Act is called the Citation of Constitutional Laws Act, 2005.
This Act is called the Constitution First Amendment Act of 1997, and must be regarded as having taken effect on 4 February 1997.'.
This Act is called the Constitution Second Amendment Act of 1998.'.
This Act is called the Constitution Third Amendment Act of 1998.'.
This Act is called the Constitution Fourth Amendment Act of 1999.'.
This Act is called the Constitution Fifth Amendment Act of 1999.'.
This Act is called the Constitution Eleventh Amendment Act of 2003, and takes effect on a date determined by the President by proclamation in the Gazette .'.
<fn>GOV-ZA.2005011101En.2012-02-10.en.txt</fn>
The Minister of Finance, Mr Trevor Manuel, will host a meeting on the economic chapter of the Commission for Africa on 17 and 18 January 2005. The meeting, at the Arabella Sheraton Hotel in Cape Town, will be a working session of African economic decisionmakers to discuss the draft report of the Commission for Africa.
The work of the Commission for Africa is in its final stages and a report will be released in March 2005 ahead of the G8 Summit at Gleneagles in Scotland.
Minister Manuel, and his counterparts Gordon Brown, Chancellor of the Exchequer of the United Kingdom and Ralph Goodale, Minister of Finance of Canada are the Commissioners responsible for the Finance and Economic chapter of the report. The Economic themes will look at addressing Africa's financing and developmental needs, including Africa's integration into the global economy and increased market access.
The Commission for Africa was formed in February 2004 by the British Prime Minister Tony Blair to look at ways to deal with the challenges facing Africa and will strengthen existing processes, in particular, the New Partnership for Africa's Development (NEPAD) and the African Union (AU), initiated by leaders on the continent.
The working session will bring together Minister Manuel, Chancellor Brown, 18 other African Finance Ministers and five other African commissioners to discuss the draft recommendations.
The discussion will focus primarily on key themes such as opportunities for growth as well as access to trade and dealing with debt relief.
Growth and Creating Opportunities for All: The conference will look at progress in the World Trade Organisation multilateral trade negotiations and the Economic Partnership Agreements negotiations. The participants will also consider programmes on private sector development, public sector reforms and financial sector integration in Africa.
Partnerships: The participants will consider practical ways of implementing enhanced partnerships between African countries and their G8 partners based on shared objectives and mutual accountability.
Responsibilities of African Economic Policy-Makers: The participants will also consider various actions that African policy-makers should implement to enhance the development effectiveness of global partnerships. This would include efforts to build capacity in domestic resource mobilisation, public financial management reforms, including anti-corruption programmes and a review of current regional integration efforts.
Sources of Financing for Development: The participants will discuss how support can be generated in G8 countries as well as how the Monterrey commitments of reaching the 0.7 percent target of Official Development Assistance (ODA) to gross national income can be fulfilled. The conference will also focus on recent proposals on debt relief as one of the financing sources that can lead to the successful attainment of the MDG goals.
The media is invited to an opening session of the conference on 17 January 2005 at 08h30 to be addressed by Minister Manuel and Chancellor Brown. The Commission will host a press conference at 13h30 on the same day (17 January) at the Arabella Sheraton Hotel, Cape Town.
Journalists and photographers must please send their details to lindani.mbunyuza@treasury.gov.za. Please include your name and contact details, ID number, Passport number (foreign correspondents), and the organisation that you will be representing by Thursday 13 January.
For more information please contact Thoraya Pandy on 012 315 5944 or 082 4168 416.
<fn>GOV-ZA.2005011701En.2012-02-10.en.txt</fn>
The media is invited to the opening session of the conference on 17 January 2005 at 08h30 to be addressed by Minister Manuel and Chancellor of the Exchequer of the UK Gordon Brown. The Commission will host a press conference at 13h30 on the same day (17 January) at the Arabella Sheraton Hotel, Cape Town.
Please note that all members of the media must be accredited in order to attend the event.
<fn>GOV-ZA.2005011702En.2012-02-10.en.txt</fn>
Honourable Ministers, fellow Commissioners, representatives of pan-African organizations, colleagues, dear friends...
I would like to welcome you to my hometown, Cape Town, a beautiful city, yet filled with huge contradictions. On the one hand, Cape Town has some of the world's most expensive real estate, and on the other it is also home to tens of thousands of South Africa's poorest people. Newspaper headlines this morning will inform you that 12000 Capetonians lost their homes in a fire this past weekend. It is to these people that the CFA commits its work to ensure a better quality of life and better opportunities.
I would also like to welcome you to this is very important consultation on the economic theme of the Commission for Africa. I am both honoured and pleased that so many of you could join us (commissioners, pan-African organizations, and African decision-makers). It is important that we jointly own the report of the Commission for Africa.
The work of the Commission has been a tremendous learning experience for all of the Commissioners. So, whilst we are all committed to lifelong learning, we still need a product. The deadlines are defined for us - in July the UK Government will host the G8 summit at Gleneagles - we as the Commission must have a persuasive argument ready. Economic developments in Africa will be one of two items on that agenda. The African opportunity story will have to be told through the Commission Report, so the value of the perspectives and experiences of Africa cannot be sufficiently emphasized. Until the lions tell their story, only the hunters will be heard. For us the lions this becomes our moment.
In 2002, the Monterrey Consensus established the idea of development partnerships as a way of cohering the work of the developed and that of the developing world. Strong principles, but not much action yet. This Commission gives further life to that idea of partnership - to support and invoke the many existing channels through which we approach the development of our economies.
Africa's economic development is in our hands. We have established continental institutions to help implement the pragmatic and ambitious programmes that we have devised and started. We are strengthening our regional economic institutions to fulfil the role assigned to them in the New Partnership for Africa's Development (NEPAD) and by the African Union. NEPAD itself gives robust expression to our development aims.
Regional economic integration is proceeding apace, with major advances in the streamlining of investment and competition policy frameworks, customs regimes and trade policies, and in many other areas. A new initiative on budget reform and public expenditure management was launched recently in South Africa with the enthusiastic participation of treasury officials from across the continent (CABRI).
More democratic states and fewer civil conflicts are just two signs of our progress. Africa has also achieved unprecedented macroeconomic stability, which is contributing to better economic growth rates than we have achieved in decades. According to the IMF, the average growth rate in 2005 in sub-Saharan Africa will exceed 5 percent.
9.9 percent in 2005, compared to 41 percent in 1994. Underpinning these improved inflation figures are sound fiscal balances, which have improved from 5.2 percent to GDP in 1994 to an expected 0.9 percent in 2005. Deep and grinding poverty remains a daily reality notwithstanding the focus on macroeconomic policy - which is necessary but remains insufficient.
Africa is ready for a new kind of partnership. Our absorptive capacity has improved. The World Bank has estimated that many countries in Africa could make effective use of substantially higher resource flows. Investment inflows are improving, but we continue to capture only a marginal share of global FDI flows and market access.
An important way for our development partners to support Africa's efforts is to ensure that official and private finance is sufficient to fund national development programmes, finance our infrastructure objectives, and assist in the improvement of our human capital and state capacities.
In September of this year, heads of state will review the MDGs five years on. The result of progress is not good. Already research by the CFA tells us just how steep the gradient is. Yet we are morally bound to achieve them.
Meeting the financing needs of the MDGs would require at least $25 billion annually. The Commission consultation document and draft papers will discuss the financing needs for infrastructure, service delivery, agriculture and many other areas in specific ways. Much of that discussion will be geared toward defining costed ideas for our development partners. It seems important, moreover, to be clear about the debt relief goals of the Commission. Recent experience suggests a renewed flexibility in the treatment of debt and the readiness of developed countries to write off its servicing and/or the stock.
It is appropriate to recall a single decision by the Paris Club to write-off Iraq's debt - more debt relief has been provided for a single country in one day than in all of HIPC put together.
At the same time, we need to consider the role of our own domestic financing strategies. What are the reforms to our state institutions, regulations and policies that will increase our own capacity to finance development What can the development assistance programmes of the international financial institutions and bilateral donors do to assist us in these areas?
Our research shows clearly that one means of advancing the pace of our growth and spreading it more widely through our populations is to take advantage of the opportunities we have to expand trade, both with the rest of the world and amongst our own economies. In many ways, achieving industrial diversification of our economies depends on trade.
We will also discuss the question of trade and the issues involved in expanding it. Clearly much can be done here, but whether we talk about trade in Africa or trade with the rest of the world, political will of our governments to see trade expansion succeed is critical. Talks in the World Trade Organization are proceeding, perhaps too slowly, and we should consider the Commission as an opportunity for us to be specific in what we believe will move those talks along and create economic benefits. The same applies to our discussions of intra-African trade.
The final Commission report will tell a pragmatic and positive story. As the development theorist Gunnar Myrdal once noted: our "knowledge, as well as our ignorance, at any time and on every issue, tends to be opportunistically conditioned, and thus brought to deviate from full truth." Not least this applies to how the rich countries tend to look at what was then referred to by the static term, the "backward regions." Continued economic stagnation in great poverty was taken for granted. It is past time for this perspective to be put behind us. Africa's progress in economic development gives us confidence to consolidate and accelerate our reform efforts.
The Monterrey Consensus suggested that, as an international community, we had arrived at a basis of partnership. Developing countries would undertake policy and institutional reforms, while the developed countries would agree to assist in those efforts and to create an enabling international economic environment. Such partnerships would take us away from conditionalities to performance indicators and from one-size-fit-all models to using our collective knowledge in shaping processes of changing economic and social structures, creating economic opportunities, empowering economic agents and building institutional capacity of the state.
In my conversations with my colleagues in Africa, emphasis has always been given to the responsibilities of African policy-makers. We will integrate this into the report - because it can never be about just asking for help. We face distinct responsibilities for strengthening our institutional capacity to make enhanced partnerships possible.
Allow me to conclude by welcoming all of you yet again to Cape Town, and expressing my confidence that the next two days will be a fruitful addition to the work of the Commission for Africa.
<fn>GOV-ZA.2005011801En.2012-02-10.en.txt</fn>
Ministers of Finance, Commissioners from the Commission for Africa and representatives of African institutions, business and civil society gathered in Cape Town from 17-18th January 2005 to discuss some of the key economic proposals being considered by the Commission for Africa.
Hosted by the South African Minister of Finance, Trevor Manuel, our meeting built on previous meetings (in Washington, in Abuja, in Addis Ababa) where African Ministers have articulated critical issues and identified priority actions for rich countries and for Africa. These have informed the work of the Commission for Africa.
We are encouraged by the progress we have made. There are more democratic states and fewer civil conflicts. Transparency and accountability has increased, and there is unprecedented macro-economic stability, which is contributing to better economic growth rates than we have achieved in decades. The IMF is projecting economic growth for Africa at over 5.3 per cent for 2005, and average inflation of 9.9 per cent compared to 41 per cent over 10 years ago. Governance indicators are improving at least as fast as any developing region. Through the AU and NEPAD, regionally, and in many ways at the country level, Africa is taking the lead in tackling its own economic and social challenges.
We note that 2005 represents a real opportunity to make progress. We welcome the Commission's efforts in identifying what is achievable and what we all must do to deliver the MDGs. We welcome the Commission's focus on seeking support from rich countries for a strong programme of action that will provide a powerful impetus in support of successful African-owned development initiatives.
We note the case for urgent action. This will require a major effort across several fronts. Ad hoc and incremental efforts will fail. We welcome the Commission's broad approach, including peace and security, governance, human development and inclusion, voice and accountability and the economic issues of growth and poverty reduction, trade, and financing development.
Our discussions focussed on the importance of promoting growth and the participation of poor people in that growth. We welcome the Commission's proposed areas for action in building capable states. Such states will more effectively deliver improved services, build necessary infrastructure and nurture an investment climate which will harness the entrepreneurial spirit of Africa's people. Special emphasis will be needed on the participation of youth and women and accelerating growth in agriculture. Science and technology is critical to improving productivity, competitiveness, diversification, thereby raising the growth needed to create jobs and reduce poverty.
We support the Commission's call for an infrastructure facility, backed with substantial resources, to finance NEPAD and other infrastructure plans.
We recognise that the lack of quality data is a serious constraint to our analysis and decision-making ability, and we encourage the Commission to call for substantive capacity building programmes in data gathering and management.
In our deliberations on trade, we noted the need for better access to the markets of rich countries. A key priority is a pro-development outcome for the Doha round and we encourage the Commission to make specific and time related proposals for action by rich countries to break down their barriers and end their subsidies, particularly in agriculture. Africa will require Special and Differential Treatment and transitional assistance to help it integrate into the global economy, including undertaking fiscal reform, and during this period it will be important to make preferential access work better; to scrutinise carefully and take steps to reduce non-tariff barriers, including by relaxing Rules of Origin, and provide help to meet barriers such as international health and safety standards.
But to take advantage of current and improved access we must build the supply side of the economy and our capacity to trade, in particular through the implementation of necessary economic and social reforms. This will require an active private sector, major new investments in infrastructure, actions to reduce trade barriers within Africa - including reforms of customs and other administrations, and of regulatory barriers. A more dynamic private sector will help to reduce reliance on primary commodities and capture more of the value chain.
The potential for regional integration is largely unrealised. By removing African barriers to trade - in tariffs, trade facilitation, customs administration, air and sea regulation - accelerated regional integration can provide a springboard to creating more competitive industries on a global stage, and increasing growth.
Africa's economic development is in the hands of Africans. But progress towards the MDGs will be slow without a significant increase in resources. The Commission should call for at least a doubling of aid. Our capacity to absorb aid has increased, and can improve further as the quality of aid improves. More aid should be delivered through budget support. Aid should be delivered mainly in grants. It should be predictable, long-term and better co-ordinated in support of country plans. Policy conditionality should be improved, with greater reliance on building accountability to Africa's citizens. Donor countries should set timetables to meet the 0.7 per cent ODA/GNI target. The urgency of need requires a special effort now. We welcome the International Finance Facility as the most advanced and technically feasible proposal. We call on the international community to urgently move forward with implementation so that resources become available immediately. We encourage the examination of other innovative sources (special levies and international taxes). A new mechanism to provide finance is needed to address the impact of unexpected shocks.
We urge the Commission to propose 100% multilateral debt service relief for HIPC and other countries, shaped by development needs and levels of poverty rather than the narrow consideration of export to debt ratios. The special needs of post-conflict countries should be considered. Debt relief should be financed with additional resources. Consideration should be given to the debt management constraints and opportunities in middle-income indebted countries. We recognise also that this will help to increase confidence for all investors, both domestic and foreign. We agree that the international community should assist African countries to effectively reduce domestic debt.
Increased aid should complement Africa's efforts to create fiscal space, including through measures to increase savings and public revenues. Major gains could be achieved by: improving public financial management and budget reform; reversing capital flight; customs reforms; and actions to address corruption. We recognise the necessity of deepening and broadening the financial sector for improving low saving rates and the availability of credit to farms and small firms.
We recognise the significance of taking concerted actions during 2005, including opportunities offered by the G8 Summit in July and various key meetings and events, including the UN Millennium Summit. We stress the importance of the G8 Summit to commit to specific, monitorable and time-bound agreements.
We note the importance of the G8 making concrete and significant progress on trade, debt relief and aid during the course of 2005, and we look forward to the recommendations of the Commission for Africa report on these and other issues. However, given the urgency and the need for immediate action, we urge the G8 to begin immediately and in particular for G7 Finance Ministers to reach agreement on 100 per cent multilateral debt relief at their 4th February meeting.
We look forward to the publication of the Commission for Africa report in March 2005. We commit ourselves to work together to deliver the recommendations, and recognise that our own efforts will provide the foundation for progress.
Commitments made by Africa and our development partners must be monitored by relevant review mechanisms, such as the Africa Peer Review Mechanism in the case of African commitments; Parliaments, civil society and the private sector also have a role to play.
Mr. Mass Lo, LEAD, Civil Society
<fn>GOV-ZA.2005012601En.2012-02-10.en.txt</fn>
In terms of the Financial Intelligence Centre Act 2001, 31 December 2004 is the deadline by which banks have to establish and verify the identity of affected clients, being all its clients characterised as high risk in terms of its risk framework, excluding those clients in the high risk categories governed by the 31 October 2004 deadline. The deadline of 31 December 2004 only applies to this particular category of affected bank clients.
After 31 December 2004, banks must comply with the law and stop transactions on the accounts of affected clients in the abovementioned category who have not cooperated with their bank in its efforts to comply with its legal obligations.
The Financial Intelligence Centre accepts that banks have continued to do their utmost to ensure that they comply with their obligations and commends the banking sector for its efforts in this regard.
To this end, it is expected that banks will not be transacting with noncooperating clients after Tuesday, 1 February 2005.
The Financial Intelligence Centre thanks all banks and cooperating clients for their contribution towards fighting crime.
<fn>GOV-ZA.2005013101En.2012-02-10.en.txt</fn>
The Prevailing Interest Rates are determined on the last day of the month (31 January 2005) and are applicable from the first day of the month (1 February 2005) until the last day of the month (28 February 2005).
<fn>GOV-ZA.2005013102En.2012-02-10.en.txt</fn>
The Minister of Finance, Trevor Manuel will present the 2005 Budget to Parliament on 23 February 2005. The National Treasury will once again be arranging a workshop for journalists to guide and assist them on how to work with the various documents.
The workshop will include presentations by senior National Treasury and SARS officials about some of the key areas of the Budget that journalists may need some guidance on and would also assist them during the lock-up. We also welcome your ideas and suggestions on topics you would like us to cover and request that you bring along copies of the 2004 Budget documents, which will be used throughout the workshop. Copies are available on the website, www.treasury.gov.
<fn>GOV-ZA.2005013103En.2012-02-10.en.txt</fn>
Annual reports are primary tools for accountability and for measuring the performance of government departments and public entities. These annual reports, which include the financial statements and audit reports of the respective entities, highlight the progress that has been made on service delivery commitments and targets, thus indicating how efficiently and effectively government has utilised public resources in performing its functions and in meeting its socio-economic objectives.
The National Treasury has prepared and circulated the Guideline for Legislative Oversight through Annual Reports to all Members of Parliament and Provincial Legislatures for discussion.
This guide is aimed at assisting Parliamentarians and members of provincial legislatures and deals with the process of evaluating annual reports. It also provides a synopsis of the roles and responsibilities of the various stakeholders in the analysis of annual reports and provides suggestions for interrogating and evaluating these reports. Emphasis is placed on portfolio committees ensuring that the relevant institution is actually delivering high quality services in an economical, effective and efficient manner in line with its constitutional and legislative mandate.
Section 65(1) of the Public Finance Management Act (PFMA), 1999 (Act No. 1 of 1999) requires the executive authority responsible for a department or public entity to table in the National Assembly, or the provincial legislature, the annual report, financial statements and audit report, within six months after the end of the financial year to which those statements relate.
The non-tabling of such annual reports significantly undermines the oversight role of Parliament, and both Cabinet and the Auditor-General now monitor the dates of such tabling.
During November 2003, the Auditor-General tabled a Special Report in Parliament on the 'Delays in the Tabling of Annual Reports for the financial year ended 2002/2003'. Some of the problems associated with late and nontabling of annual reports are outlined in this special report.
The National Treasury analysed this report to determine the extent to which departments, constitutional institutions and public entities complied with the timeous tabling requirements. Information from departments and public entities and the tabling records of Parliament were also taken into account during the analysis, which formed the basis of decisions taken by Cabinet on 4 February 2004 to improve the quality and tabling of annual reports. Cabinet also resolved that the Minister of Finance approach the Speakers Forum to improve the processes for considering annual reports, including requiring the relevant portfolio committee to table an oversight report at the end of November. In order to give effect to this decision, the National Treasury commissioned research on how best to deal with these problems.
The research culminated in the preparation of guidelines entitled Guideline for Legislative Oversight through Annual Reports for discussion. Cabinet noted this guide at its meeting of 1 December 2004, as it reviewed how best to improve audit and performance accountability in government. The guideline is merely a proposal for further discussion and debate, with the hope that legislatures can use it to improve their oversight processes through better and more effective use of annual reports.
A similar guide is also being prepared for municipalities, to ensure that the council of a municipality also improves its oversight process.
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The 3rd quarter provincial budget report covers spending after nine months of the 2004/05 financial year, from 1 April 2004 until 31 December 2004.
Provinces have spent 70,6 per cent of their adjusted budget, or R136,7 billion of R193,6 billion, for the first nine months of the financial year. This compares with the 71,4 per cent, or R107,3 billion of R150,3 billion, spent by national government for the same period.
The greatest spending pressure facing provinces continues to be in social development departments, where in spite of the R3,3 billion increase through the adjustments budget, provinces spent 73,4 per cent or R37,2 billion of their R50,7 billion adjusted budget. This represents a massive increase of R6,4 billion or 20,9 per cent over the same period last year.
A few provinces also face some risks from their personnel expenditure in education and health. Total personnel expenditure in all nine provinces is R65,7 billion or 73,6 per cent of the R89,3 billion personnel budget.
The biggest underspending problem in provinces continues to be the slow rate of spending on capital, as provinces spent 46,4 per cent or R5,6 billion of their combined R12 billion adjusted capital budgets. This is significantly lower than the 67 per cent spent by national departments, but R2,1 billion more in absolute terms given the smaller national budget.
The projected aggregated provincial budget deficit is projected to be just below R2,5 billion. For most provinces, this deficit will be funded from last year's provincial rollovers and cash balances (R3,1 billion).
Education expenditure totalled R47,8 billion or 72,6 per cent of the R65,7 billion total adjusted budget for education. The spending pattern reflects a R4,3 billion or 9,9 per cent increase compared with spending during the same period in 2003/04. Capital spending in education is relatively slow at 42,9 per cent or R1,3 billion up to the end of December 2004. Personnel expenditure is high at 74,5 per cent.
Health expenditure totalled R28,7 billion (70,2 per cent), which is R2,5 billion higher compared with the same period last year. Capital expenditure in health is relatively slow at 45,4 per cent or R1,3 billion.
The highest share (39,3 per cent) of provincial capital budgets is for roads, transport and public works departments, which spent R2,6 billion or 54,3 per cent against it's total R4,7 billion adjusted budget.
Provincial own revenue collected is R4,4 billion or 83,9 percent of the total own revenue budget of R5,3 billion. National government transferred R123,2 billion of the equitable share, and R15,8 billion in conditional grants, after nine months of 2004/05.
The figures in this 3rd quarter report includes the additional funds totalling R4,3 billion allocated to provinces on 26 October 2004 through the adjustments budget. Provincial budget figures are also updated for their adjustments, including any roll-overs from the previous financial year.
This analysis is based on the statement of receipts and payments published by the National Treasury on 28 January 2005, and is available on the treasury website www.treasury.gov.za. The information is based on the section 40(4) PFMA reports submitted (and signed) by each head of provincial department to their provincial treasury by 15 January 2005, and submitted to the National Treasury by 21 January 2005. Queries on any spending or budget numbers should therefore, in the first instance, be referred to the relevant head of the provincial department, and in the second instance to the head of the provincial treasury. Provincial heads of department failing to sign and confirm their section 40(4) PFMA monthly reports will be in breach of the Public Financial Management Act (PFMA). Queries on conditional grants should be referred to the relevant head of the administering national department.
The information presented here is restricted to financial information only, but provincial departments should be in a position to provide complementary non-financial performance information at least up to the second quarter (as such information comes with a lag of 2 to 4 months). Such information is necessary to measure outputs and performance thus enabling managers to assess value for money. It is hoped that provincial legislatures will request performance related information from relevant provincial departments when discussing this section 32 PFMA report on the budget after nine months of the 2004/05 financial year, from 1 April 2004 to 31 December 2004. This 3rd quarterly report provides a valuable basis for identifying potential overspending and underspending by departments, and in the process highlighting budgetary and spending pressures and problems.
Table 1 below indicates that provinces have spent 70,6 per cent or R136,7 billion of their adjusted budgeted expenditure after nine months into the 2004/05 financial year. Though almost identical to the 70,9 percentage spent in 2003/04 (for the same nine month period), spending increased by 12,6 per cent or R15,3 billion compared to last year as provinces spent R121,4 billion. Between provinces, average spending ranges from the lowest share of 69,1 per cent in North West to the highest at 72,6 per cent in KwaZulu-Natal.
Total 119 178 614 62 350 674 12 035 811 193 565 099 85 621 376 45 450 372 5 589 558 136 661 307 70.
Social services adjusted budgets total R157,2 billion, and comprise 81,2 per cent of the total R193,6 billion provincial budget. Table 2 indicates that provinces spent R113,6 billion or 72,3 per cent of budgeted R157,2 billion for the three social services departments (education, health and social development). This is R13,3 billion or 13,2 per cent more than spending during the same period in 2003/04.
Education 65 744 907 47 761 323 72.6% 43 451 323 9.
Health 40 849 417 28 694 864 70.2% 26 164 799 9.
Social Development 50 652 364 37 167 639 73.4% 30 741 004 20.
Total 157 246 688 113 623 827 72.3% 100 357 126 13.
Social development adjusted budgets total R50,7 billion, increasing significantly through the adjustments budgets by R3,3 billion compared to the original 2004/05 budget of R47,3 billion. The adjusted budget comprises 26,2 per cent of the total provincial adjusted budgets.
In spite of the large social grants adjustments allocation, the third-quarter year to date spending trends (Table 3) indicate that provinces continue to face great pressure from social development budgets, which registered spending of 73,4 per cent or R37,2 billion of their R50,7 billion adjusted budget. This represents a 20,9 per cent increase of R6,4 billion over the R30,7 billion spent over the same period last year.
The pressure is derived from sharp growth in beneficiary numbers for disability and foster care grants, which is beyond budgeted projections (unlike the high growth in the child support grant, which is largely budgeted for).
Eastern Cape 9 687 860 6 660 730 68.8% 6 140 178 8.
Free State 3 632 596 2 637 104 72.6% 2 005 046 31.
Northern Cape 1 317 875 935 085 71.0% 844 896 10.
North West 4 313 458 3 201 225 74.2% 2 729 841 17.
Western Cape 4 326 504 3 110 194 71.9% 2 794 027 11.
Total 50 652 364 37 167 640 73.4% 30 741 004 20.
Given that the number of beneficiaries is highest in the last quarter of a financial year (as compared to the first quarter), provinces are still at some risk of overspending their budgets, particularly in KwaZulu-Natal (78,7 per cent), and Mpumalanga (76,6 per cent).
The risk of overspending on social grants is indicated more strongly in table 4 below, which focuses only on the social assistance grant programme (programme 2 under the social development vote). The risk of overspending their budgets appears to be in KwaZulu-Natal (80 per cent), Mpumalanga (77,5 per cent) and to a lesser extent in Gauteng (75,3 per cent), North West (74,9 per cent) and Free State (74,5 per cent).
Education adjusted budgets of R65,7 billion comprise 34 per cent of total provincial adjusted budgets. Table 5 below indicates that education expenditure at R47,8 billion is 72,6 per cent of the total adjusted education budget, an increase of R4,3 billion or 9,9 per cent compared to the R43,5 billion spent over the same period in 2003/04. Spending between provinces for education ranges from the lowest share of adjusted budget in Free State at 68,5 per cent, to the highest in Northern Cape (77,5 per cent) and Gauteng (74,8 per cent).
The bulk of education expenditure is for personnel, spending R40,1 billion or 74,5 per cent of the personnel adjusted budget of R53,9 billion. Spending on goods and services (mostly learner support material) is recorded at R3,8 billion or 62,2 per cent of its R6,1 billion adjusted budget.
Personnel expenditure in provincial education departments pose the biggest spending risk to provincial education budgets, and squeeze out spending on capital and learnersupport material in the process. The biggest risks appear to be in Northern Cape (76,7 per cent) and Limpopo (76,4 per cent), followed by Eastern Cape (75,4 per cent) and KwaZulu-Natal (75,2 per cent).
Education departments have spent relatively low on capital at 42,9 per cent or 1, 3 billion of their total adjusted capital budgets (Table 7 below). This is slightly lower (R44 million) than the spending on capital over the same period last year. Spending between provinces ranges from the lowest in KwaZulu-Natal (13,5 per cent), Western Cape (25,8 per cent), Gauteng (36,6 per cent) to the highest in Eastern Cape (76,6 per cent) and Northern Cape (72,2 per cent).
Health adjusted budgets totalling R40,8 billion comprise 21,1 per cent of the total provincial adjusted budget. Table 8 indicates that health expenditure is R28,7 billion or 70,2 per cent of the total health adjusted budget, representing an increase of R2,5 billion or 9,7 per cent compared to the spending after nine months of the 2003/04 financial year.
The Mpumalanga health department has spent the lowest share of its budget after the first nine months at 65,2 per cent with Gauteng at 65,5 per cent. The highest share spent is recorded in Eastern Cape (75,9 per cent) and Free State (73,4 per cent).
Table 9 below indicates that health personnel expenditure is at R17,4 billion or 73,4 per cent of the adjusted health personnel budget, an increase of R2,2 billion or 14,6 per cent compared to the R15,1 billion spent over the same period in 2003/04. Given the relatively large share of personnel budgets in health, there is some risk of overspending on personnel in Eastern Cape (78,2 per cent), North West (74,8 per cent), Mpumalanga (74,7 per cent), KwaZulu-Natal (74,5 per cent). Such overspending impacts negatively on non-personnel expenditure.
Capital expenditure in the health sector is relatively slow at 45,4 per cent or R1,3 billion, marginally lower than the R1,4 billion spent for the same period last year (Table 10 below). Between provinces, the lowest rate of spending is in Gauteng (14,4 per cent), Mpumalanga (15,3 per cent) and Northern Cape (29,3 per cent) with Eastern Cape and Limpopo recording the highest share at 70,9 per cent and 62,7 per cent respectively.
Provinces have spent 46,4 per cent or R5,6 billion of their R12 billion adjusted capital budgets ("payments for capital assets"). This is slightly lower than the rate of spending in both absolute and percentage terms for the same period last year.
Table 11 below provides capital spending information by province, which indicates significantly slow spending in Gauteng at 19,2 per cent, Mpumalanga (35,3 per cent) and highest in Eastern Cape at 77,2 per cent. In absolute terms, Eastern Cape has spent the most at R1,4 billion, followed by KwaZulu-Natal at R1,3 billion and Limpopo at R806,2 million.
It should be noted that reclassification changes due to the New Economic Reporting Format has lowered capital spending and budget figures. For example, the housing subsidy grant is now classified under transfers and subsidies, and not capital.
The biggest capital budgets in provinces are in roads, transport and public works departments (Table 12 above) at R4,7 billion, or 39,3 per cent of the total provincial capital budget of R12 billion. Spending for these departments is relatively faster than other sectors at 54,3 per cent or R2,6 billion of the R4,7 billion adjusted budget. This rate of spending is still lower (2,4 per cent) compared to the R2,6 billion spent last year over the same period.
The rate of spending, however, varies greatly between provinces, with Gauteng recording almost no spending at 1 per cent, Free State at 29 per cent, whilst Eastern Cape and Northern Cape record the highest at 84,8 per cent and 80,1 per cent respectively.
As noted above, housing subsidy expenditure is no longer classified as capital. Table 13 below indicates that provinces spent R3,3 billion or 73,8 per cent of their R4,5 billion Housing Subsidy conditional grant. These spending figures are a significant improvement compared to the last three financial years, though it is not clear to what extent some of the transfers reflects actual spending by municipalities and entities.
Provincial housing departments do not link actual output information on housing (e.g. complete houses built, complete foundations or serviced plots provided) to their spending figures. Such information is required to assess the extent of housing delivery.
Table 14 reflects spending on 2004/05 conditional grant allocations as at 31 December 2004 for all provinces. It excludes rollovers from conditional grants from the 2003/04 financial year. It also excludes general conditional grants like National Tertiary Services, Hospital Professions Training and Development, and the Provincial Infrastructure grants, as reporting against these grants cannot be separated from the province's health and capital budgets.
The rate of conditional grants spending is slower than total provincial expenditure with provinces having spent R8 billion or 66,1 per cent of the total adjusted budget of R12,1 billion, which excludes general conditional grants as mentioned above.
Specific grants reporting very slow spending include Food Emergency Relief (16,3 per cent), Land Care Poverty Relief (24,6 per cent), Integrated Nutrition Programme (Health) (36,9 per cent) and Human Settlement and Redevelopment (43,9 per cent).
Funds have been transferred for the Agricultural Disaster Management and Malaria and Cholera Prevention grants during the last day of the 2003/04 financial year and is included in table 14 to register spending on these two grants. Gauteng has included a new allocation of R6,3 million for the Alexandra Urban Renewal Project programme as tabled in their November 2004 adjusted estimates.
Spending of these grants is subsumed in the spending of a range of programmes across provincial departments and therefore no reporting is required on these grants.
The total available for spending on conditional grants increases by R697,5 million if provincial roll-overs are included, like Housing Subsidy (R374,8 million), Human Settlement (R116,4 million), Local Government Capacity Building Fund (R59,7 million), Child Support Extension (R31,9 million), and Food Emergency Relief (R22,8 million).
Table 15 indicates the variance in spending of selected conditional grants between provinces, particularly for the Land Care Programme (Agriculture), Integrated Nutrition Programme (Health) and Food Emergency Relief (Social Development), where at least 5 provinces have spent less than 40 per cent of these grants (including adjustments and excluding rollovers).
However, the number of provinces spending at higher levels (greater than 60 per cent of their adjusted budgets) has dramatically increased since the last quarter with eight grants namely HIV and Aids (Education), Primary School Nutrition programme, Hospital revitalisation, Housing Subsidy, Child Support Extension and HIV and Aids (Social Development) performing the best.
Personnel expenditure ("compensation of employees") is R65,7 billion or 73,6 per cent of the R89,3 billion adjusted personnel budget (Table 16). Eastern Cape (R10,8 billion or 75,6 per cent), Limpopo (R9,4 billion or 74,9 per cent) and Northern Cape (R1,5 billion or 74,9 per cent) have the highest rate of personnel expenditure, with Free State the lowest at 71,2 per cent.
The spending numbers on personnel includes the latest salary increases, which were backdated to 1 July 2004 and implemented during October 2004. Note that part of the additional adjustments allocation provides for provinces to increase their personnel budgets, particularly in education and health, which employ over 87 per cent of all provincial personnel.
Some provinces are at risk of overspending their personnel budgets, particularly in Eastern Cape (75,6 per cent), Northern Cape, (74,9 per cent), Limpopo (74,9 per cent) and KwaZulu-Natal (74,5 per cent).
Provincial Revenue includes adjusted budgeted equitable share allocations of R164,1 billion, conditional grants of R21,3 billion and own revenue of R5,3 billion.
National government transferred R123,2 billion or 75,1 per cent of the equitable share, and R15,8 billion or 74,2 per cent in conditional grants, to provinces after nine months of the current financial year.
After nine months, provinces have collected R4,4 billion or 83,9 per cent of adjusted budgeted own revenue of R5,3 billion. The total provincial revenue received and collected to date was recorded at R143,5 billion or 75,2 per cent of adjusted budgeted total revenue.
The adjusted budgeted R5,3 billion (adjusted from R5,4 billion) amount is significantly lower than the R6,6 billion collected in the previous year (2003/04). However, the R4,4 billion collected thus far is 2,2 per cent less than what was collected by the end of December for the previous financial year. The collection rate varies from 58,4 per cent in Northern Cape and 67 per cent in Mpumalanga, to a high of 92,8 per cent and 88,1 per cent in KwaZulu-Natal and North West respectively.
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I would like to start by thanking you for inviting me to speak here today. It is a privilege and a pleasure to join such an interesting group of policy-makers and NGOs in this discussion on Action for Africa 2005 in the capital of Europe.
We have in the first few weeks of 2005 seen a renewed global political interest in the fight against global poverty. Not since the Monterrey Conference on Financing for Development almost three years ago and the Johannesburg Summit on Sustainable Development that same year have we seen the sense of urgency and collective thinking on issues of global poverty as we are now experiencing.
What we have also seen is that when politicians want to act, they can. Rich countries can and do find the money. In just one day in November last year, the Paris Club agreed to cancel more debt to Iraq without any conditionalities, no track record, no democratically elected government, than Africa has had in 6 years.
So politicians do act when the perceived need to do so is strong. As Jeffrey Sachs reminded us on 17th January, the practical solutions to Africa's development challenges exist, the political framework has been established (i.e. Millennium Development Declaration and the Monterrey Consensus) and the cost of achieving the MDGs is "utterly affordable". All that is needed is action.
This is why the title of the meeting this morning is both appropriate and timely: Action for Africa in 2005. The challenge for us as campaigners, policymakers, and lobbyists is to ensure that the inconsistencies in the provision of debt relief and aid and global economic policies do not persist.
When the UK Prime Minister, Tony Blair, established the Commission for Africa last year, he asked us to look at a range of issues constraining growth and development in Africa, including areas like conflict and instability, human development, inclusion and participation, and sources of growth, opportunity, trade, aid and debt relief - and to recommend actions to the G8 and other countries that will strengthen Africa's own development efforts.
Why action for Africa, why now The answer to this question is quite simply that more than ever before, Africa now has the capacity to use more aid and debt relief productively to make the leap towards ending poverty in Africa?
Over the past ten years, governments across Africa have taken critically important steps in meeting that challenge. More democratic states and fewer civil conflicts are just two signs of our progress. Africa has also achieved unprecedented macroeconomic stability, contributing to better economic growth rates than we have achieved in decades. The average growth rate for Sub-Saharan Africa is expected to exceed 5 percent in 2005. Inflation is expected to average 9.9 percent in 2005, with the high inflation rate countries the exception rather than the rule. Underpinning these improving inflation figures are fiscal balances that declined from an average deficit of 5.2 percent to GDP in 1994 to an average of 0.9 percent in 2005.
Through the African Peer Review Mechanism, we have set standards and benchmarks on good governance in our countries. This is supported at the national level by local systems of accountability, transparency and greater participation of our people in decision-making processes.
Our absorptive capacity has improved, and could be improved even further as the policies of our development partners become more supportive of our efforts. Africa is ready for a new kind of partnership.
But Africa also needs a new kind of partnership. Five years on, it is evident that progress towards the MDGs is not good. On present trends, Africa will not only miss all the MDGs in 2015, but would likely take another 100 years to get near to halving poverty.
The human development needs are vast. The number of people living in absolute poverty in Africa has risen from 227 million in 1990 to more than 300 million in 2001. Most estimates suggest that meeting the financing needs of the MDGs in Africa would require at least $25 billion annually. In spite of this, the net flow of resources continues to flow from the poor countries to the rich, not from the rich to the poor. In 2002, low-income countries received about $27 billion in aid but paid back $39 billion in debt repayment to rich country creditors - a net outflow of $12 billion. And these figures do not include the net draining of resources in the form of dividend flows from private sector firms operating in Africa.
Why action for Africa, why now Another good reason is that we need action now because we know much more about what works and what does not work?
We know that aid and debt relief work and they work particularly well when given as predictable, untied support for national development strategies. As an example, debt relief to Tanzania enabled the Government to make primary education free. As a result, more than 2 million children go to school in Tanzania. In Benin, about 43 percent of debt relief went to education, where it financed the recruitment of teachers for empty posts in rural areas.
54 percent was spent on health, of which a fifth was used to recruit health staff for rural clinics and the remainder was allocated to implementing HIV and AIDS and anti-malarial programmes, improving access to safe water and increasing immunisation.
Our success as the Commission will depend on whether we can turn these experiences and our collective knowledge into concrete commitments for a big push for sustained growth and development in Africa. The momentum must come from reform both in Africa and from within our development partners.
Africa needs to sustain progress and avoid costly policy reversals. Given the small sizes of our economies and our deficient economic structures, we must become much more serious about integrating and diversifying our economies, including rationalising our overlapping regional economic communities. Africa has been slow to develop the sort of international institutions capable of assisting in the policy and sectoral adjustments needed to benefit from globalisation. The OAU was notoriously weak in this area. Regional institutions and arrangements have also lacked the institutional capacity to offer external support to adjustment or to create the large-scale infrastructure projects to support market creation. And that weakness is often mirrored by the cautious approach of many African states to integration, largely because of a perception that regional integration results in a loss of sovereignty or policy autonomy.
Significant and rapid progress in market access for products from Africa to the OECD countries is critical. Trade is one of the most powerful forces linking our lives, and a source of unprecedented wealth. Oxfam has estimated that if Africa increased its share of world exports by one per cent, it would generate $70 billion - approximately five times what the continent receives in aid.
The worst examples of trade-distorting subsidies and support1 are found in the European Union. In total, OECD countries spend a total of US$ 1 billion a day in subsiding their farmers. This benefits only 2 percent of your populations, while in Africa it impacts on 70 percent of the population who is living in rural areas.
When developing countries export to OECD countries, they face tariff barriers that are four times higher than those encountered by rich countries.
Non-tariff barriers, such as arbitrarily imposed phytosanitary rules further limit goods exported to the OECD.
The problem is not that international trade is inherently opposed to the needs and interests of the poor, but that the rules that govern it are rigged in favour of the rich. The international trading system is not a force of nature. It is a system of exchange, managed by rules and institutions that reflect political choices. Those choices can prioritise the interests of the weak and vulnerable, or the interests of the wealthy and powerful. The WTO Doha Development Round must start a process of reforming the global trading system to create more opportunities and benefits for developing countries.
As Commissioners we do not claim to know everything. Development is a learning process. Our consultations in Africa and elsewhere however have been an enriching experience. We know much more about what works and what does not work. Real progress is being made in Africa. Inaction for Africa in 2005 runs the risk of dissipating the momentum for change that we have created. The challenge for the international community is to get behind efforts in Africa in a much more systematic and benign way.
1 In the WTO, only a small margin of the domestic support for farmers is classified as "subsidies". A Much larger group of trade-distorting interventions is classified as domestic support.
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The Minister of Finance, Trevor Manuel will present the Nation's Budget to Parliament on 23 February 2005. Journalists will be given early access to the information (under strict police surveillance) in order to allow for a careful study of its contents and to assist with timely and thorough coverage. The lock-up will take place under strict police and National Treasury surveillance. Journalists who participate in the lock-up will be given an opportunity to raise questions of clarity with senior officials from National Treasury and SARS and during the briefing with the Minister at the press conference.
The media benefits from favourable lock-up arrangements for the coverage of this event and, in order to maintain this, we need the co-operation of all involved. To ensure and maintain the integrity of the lock-up arrangements, it is of utmost importance that no information contained in any of the material provided prior to the lifting of the embargo on Wednesday 23 February 2005 is leaked, as this would seriously jeopardise future arrangements for all concerned. All doors leading to the offices of the PGA journalists should remain ajar throughout the entire duration of the lock-up.
The lock-ups will be held in Cape Town in the Old Assembly and in Pretoria at 40 Church Square.
Registration in Cape Town will begin at 06h00 and PGA journalists can proceed to their offices after registration while for journalists who do not have access to the Press Gallery, there will be a separate lock-up in the Old Assembly. In Pretoria the lock-up will begin at 08h00. The National Treasury has a list of journalists who normally attend budget day lock up please confirm your details with Lindani Mbunyuza on (012) 315 5645 or lindani.mbunyuza@treasury.gov.za by no later than 17 February 2005. We require journalists to sign for the documents themselves and indicate that they accept the conditions and rules of the lock-up.
As no communication of any nature, either by telephone or modem, is allowed during the lockup, we would recommend that any journalists who would normally from the Press Gallery, but who are not working on the budget, work from elsewhere on the day concerned.
Doors are to remain open at all times.
Transmission of stories to editors can only be done from 13h00 (with full observation of the embargo).
Cellphones are to be switched off and placed in an envelope.
No e-mails are to be sent for the duration of the lock-up Refreshments will be served at 08h00 and 11h30. The lock-up will end at 14h00. EMBARGOES We expect the proceedings in the National Assembly to commence at 14h00. Although every effort will be made to ensure that the Minister delivers his speech at 14h00, the embargo ends when the Minister starts speaking.
All documentation will be available on our internet site www. treasury.gov.za. from 14h00.
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Sales of the RSA Government Retail Bond have reached R 1,248 billion since it's launch in May 2004. 15 733 people have invested in the Bond with a total of 22 523 investments.
The National Treasury, through the Asset and Liability Management Division determines the prevailing interest rates for the 2-year, 3-year and 5-year RSA Government Retail Bonds at the end of each month.
The interest rates are determined by interpolating the equivalent yields of the 2-year, 3-year and 5-year Government Bonds.
The prevailing interest rates are priced off the government yield curve, and will be changed if the yields of the RSA Government bonds move (negatively or positively) by more than 50 basis points.
The interest rates are determined on the last day of the month (28 February 2005) and are applicable from 1 March 2005 until 31 March 2005.
Visit www.rsaretailbonds.gov.za for rate calculators and retail bond information.
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To repeal the provisions of the Black Administration Act, 1927, incrementally; to amend the Administration of Estates Act, 1965, so as to give the Masters of the High Courts jurisdiction over the property of all minors, including those who are governed by the principles of customary law; and to provide for matters connected therewith.
Sections 1, 2 (1), (2), (3), (5), (6) and (9), 3, 5 (1) (a) , 11 (3) (a) , 11A, 21A, 23 (1), (2), (3), (5), (6), (7) (b) , (8), (9), (10) (a) , (b) , (c) , (e) and (f) and (11), 26 (1), 27, 31, 33, 34 and the Second Schedule of the Black Administration Act, 1927 (Act 38 of 1927) (hereafter referred to as the Act), are hereby repealed.
[Para. (a) amended by s. 1 of Act 8 of 2006.
have repealed those provisions that were assigned to them or their equivalent and have enacted and implemented corresponding provincial legislation regulating the matters dealt with in section 2 (7), (7) bis , (7) ter and (8) of the Act in terms of the Traditional Leadership and Governance Framework Act, 2003 (Act 41 of 2003), within their areas of jurisdiction, whichever occurs first.
[Para. (a) amended by s. 1 of Act 8 of 2006 and by s. 1 of Act 13 of 2007 and substituted by s. 1 of Act 7 of 2008.
such date as national legislation to further regulate the matters dealt with in sections 12 (1), (2), (3), (4) and (6) and 20 (1), (2), (3), (4), (5), (6) and (9) and the Third Schedule of the Act is implemented, whichever occurs first.
such date as national legislation to further regulate the matters dealt with in section 22 (7) and (8) of the Act is implemented, whichever occurs first.
such date as provincial legislation in the province of KwaZulu-Natal in order to further regulate the matters dealt with in section 24 of the Act is implemented, whichever occurs first.
[Sub-para. (i) amended by s. 1 of Act 8 of 2006.
such date as it is repealed by a competent authority, whichever occurs first.
Sections 32, 35, 36, 37, the long title and First Schedule of the Act are hereby repealed subject to the repeal of all the provisions referred to in subsections (1) to (6).
The repeal of any section, including sections 11A, 31, 34 and the Second Schedule of the Black Administration Act, 1927, by this Act must not be construed as derogating from any right which was acquired in terms of any section of the Black Administration Act, 1927, prior to the repeal thereof by this Act.
The Registrar of Deeds having jurisdiction must, without charge, remove any restrictive condition contained in a deed which was imposed by virtue of the operation of section 34 of the Black Administration Act, 1927, and contemplated in the Second Schedule thereto, if the Minister responsible for land affairs in writing approves an application by the owner of the land in question for such removal.
in the case of any mentally ill person who under the Mental Health Act, 1973 (Act 18 of 1973), has been received or is detained in any place, jurisdiction shall lie with the Master who, immediately prior to such reception or detention, had jurisdiction in respect of his or her property under paragraph (a) or (b).
This Act shall be called the Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005.
<fn>GOV-ZA.2005030101En.2012-02-10.en.txt</fn>
Madam Speaker, Honourable Members, section 214 of the Constitution requires that Government ensure a transparent and equitable system to divide nationally-raised revenue between the three spheres of Government. This information is published in the Division of Revenue Bill as tabled on Budget Day, allowing each province and municipality to include all grants in their budgets and to properly plan for their expenditure.
Provinces and municipalities will budget for these allocations, determining how its share of the funds will be used to give expression to its priorities under the umbrella of policy frameworks agreed to through the intergovernmental forums such as Minmecs, joint Minmecs, the Budget Council, the Budget Forum and also the extended Cabinet meetings.
Madam Speaker, the core of the Division of Revenue Bill is contained in the seven schedules to the Bill. Schedule 1 provides a summary of the allocation of funds to the three spheres of government. Out of a total of R417,8 billion budgeted for 2005/06, national government is allocated R273,5 billion, provinces R134,7 billion and local government R9,6 billion. This national allocation includes R53,1 billion for debt service costs and R2 billion for the contingency reserve, leaving the national government with R210,8 billion to allocate to national departments, including conditional grants to provincial and local governments. In other words, the Bill allocates 61,8 percent of national available resources after debt servicing to provincial and local governments.
Schedule 2 and 3 allocate the equitable share component to provinces and municipalities. In 2005/6 financial year the equitable share allocated to provinces and municipalities is R134,7 billion and R10,6 billion respectively. Madam Chair, it is important that the House notes that 2005/6 division of the equitable share among the nine provinces and 284 municipalities is effected through two new formulae as explained in Annexure E in the Budget Review.
Schedule 4 sets out allocations to provinces (R10,6 billion) and municipalities (R5,4 billion) in 2005/06 to fund infrastructure and hospital services. The provincial and municipal infrastructure grants also support expanded public works programmes. Schedules 5 to 6 further allocate specific purpose conditional and other grants to provinces (R65,5 billion) and local government (R1,0 billion). I want to point out that Schedule 5 includes three conditional grants for HIV and AIDs programmes, in health, education and social development.
Madam Speaker, there were major changes in the provincial fiscal framework which informed the 2005 MTEF. Firstly, the conditional grant framework has been revised to take into account the social security grant function that moves to the national sphere from 1 April this year. The provincial equitable share formula has been revised primarily to take into account the social security grant function shift. Secondly, a new conditional grant is introduced to fund the recapitalisation of further education and training colleges. Thirdly, for the housing conditional grant, which takes into account the new housing policy which shifts responsibility for housing to accredited municipalities, particularly metropolitan and major urban category B municipalities.
The 2005 MTEF provides for further deepening and consolidation of social services. The allocations to provinces further reinforce spending to reduce poverty and vulnerability. Of the additional R43,4 billion allocated to the provincial budget framework over the 2005 MTEF: -R22,3 billion is added over baseline for social security grants over the next three years. This is mainly to extend social assistance through enhanced income support to the poor (including completion of the take up of 11, 12 and 13 year old children). This addition brings total allocations for social grants to R181,6 billion over the next three years.
R6,9 billion is set aside over the next three years to implement pay progression in education in line with Government's strategy to improve remuneration packages of educators, attract and retain management skills in schools and accelerate the delivery of quality mathematics and science education.
R2 billion is added to the housing subsidy programme over the next three years to support the implementation of the new housing delivery strategy, which is aimed at upgrading informal settlements, encouraging densification and expanding rental housing stock. This addition results in total allocations for the housing programme of R17,4 billion over the next three years.
R1 billion is invested in the recapitalisation programme for further education and training (FET), specifically targeting the rehabilitation of infrastructure, improved governance and administration, and greater curriculum flexibility.
R1 billion is added to the provincial infrastructure grant over the MTEF to speed up delivery of social infrastructure (particularly classrooms, health facilities, water and sanitation in schools and health facilities, and welfare services infrastructure) and economic infrastructure (roads and agriculture). This addition brings results in total allocations for the provincial infrastructure grant of R13,2 billion over the next three years.
R540 million is added to the National Tertiary Services grant administered by the national Department of Health. Health conditional grants are, next to the conditional grants for social security, the second largest in the system. These grants are currently being reviewed to increase their efficacy and the results of this review will inform their configuration from 2006 Budget.
Madam Speaker, I have noted in the Budget speech that we are setting aside additional funds for police, teachers and social workers so that we can retain skilled and experienced personnel in the public service, and incentivise performance including facilitating scarce skills in poor schools. These measures build on the positive impact we have had on the recruitment and retention of particular categories of staff in the health sector, following the 2003 Budget which set aside R3 billion over a three year period to deal with scarce skills and rural allowances for health workers. Both the 2003 and 2004 Budgets also set aside amounts to increase the number of health workers employed in the public sector. So our doctors and skilled nurses have not been forgotten - indeed, the three year budgeting system has already factored in their increases for the coming year.
Over the next three years, municipalities will receive R58,3 billion, or an additional R5,4 billion. The substantial increase in the local government share is mainly targeted towards provision of free basic services, the extension of services to areas not presently serviced, and job creation through investment in labour based infrastructure programmes. In total, R31,5 billion over the 2005 MTEF is made available for water, electricity, refuse removal, and sanitation though the unconditional local government equitable share.
Funding for free basic services is directed through the local government equitable share, which rises from R9,6 billion in 2005/06 to R11, 4 billion in 2007/08. This unconditional equitable share component grows to 56 per cent of national transfers to local government in 2005/06, and compared to nine years ago when it was R1,5 billion in 1995/96, it will be increased seven fold to R11,4 billion in 2007/08.
The Municipal Infrastructure Grant is the key instrument to support the infrastructure budgets of municipalities, to support the extension of services to poor households, maintain and upgrade municipal infrastructure, and promote urban renewal and rural development. The process of consolidating infrastructure grants into the Municipal Infrastructure Grant will be completed by the end of 2005/06. Municipal infrastructure grants total R21,6 billion over the next three years, reflecting an additional R1,7 billion. This includes a ringfenced allocation of R1,2 billion for the eradication of the bucket sanitation system.
The review of the provincial and local government fiscal frameworks has highlighted a number of matters that needs special attention. Firstly, we need to improve on the quality and reliability of municipal and provincial sectoral data to inform decision making; and secondly, we will need to determine what effect the restructuring of the electricity industry will have on the local government equitable share formula. These are issues to take account for future budgets.
Most importantly, we should endeavour to improve on the quality of spending in all spheres of government.
improving planning and monitoring of infrastructure grants through sections 13, 14 and 37. I table the Division of Revenue for its second reading debate.
<fn>GOV-ZA.2005030301En.2012-02-10.en.txt</fn>
Good morning distinguished guests, ladies and gentlemen. I bid a special good morning to those of you who are sitting before me in your capacity as trustees.
I'd like to start by applauding the leadership of the National Union of Mineworkers for demonstrating the quality of leadership to convene a summit such as this. It shows great foresight and commitment to the common cause of protecting the interests of retirement fund members.
I also applaud the approach outlined in Gwede Mantashe's letter inviting me to address you. The letter states that: "The objective of the summit is to empower our trustees and members about the control and administration of their retirement funds."
This practical approach is to be encouraged. You will be debating a host of issues related to retirement funding, but my plea would be that you tackle these issues in such a way that each and every trustee here today will return to the workplace armed with the information and practical suggestions they need in order to make a palpable difference to the quality of fund governance. For that is what we are here to talk about today - the "quality of trusteeship".
When I refer to each and every trustee here today, I am counting myself in that number. I am speaking to you today not as the holder of the Budget purse, but as a fellow trustee. My time is running out as the sole trustee of the largest pension fund in the country - the Government Employees Pension Fund with R350 billion under management, made up of the contributions of civil servants and Government as the employer - but I certainly understand the challenges of trusteeship (and I am more than happy to share them!).
It is in this spirit, as a fellow trustee, that I also want to be practical in my address to you today. Unlike fund managers and investment consultants, I will try not bewilder you with abstract concepts, nor speak to you in that strange language that actuaries use to converse.
I would like to come back to first principles and remind everyone here today that trusteeship is integral to the work of trade unions. Trade unions are established to protect the interests of their members. This includes not only the working conditions but also the living conditions of their members and integral to this is making sure that members can continue to live with dignity in their old age. The funds in pension and provident funds are effectively deferred earnings. Trustees should ensure the long-term protection of those funds, in much the same way that unions fight for the protection of their members' working conditions on a dayto-day basis.
The right to pension and provident funds is something that unions such as the NUM fought hard for over many decades. For more than 100 years black mineworkers were given something called Long Service Awards while their white counterparts had fully fledged pension funds. The NUM has been instrumental in establishing and improving the retirement fund environment for all mineworkers. The rights that have been obtained today are the fruits of those struggles. They cannot be simply thrown away or treated casually.
This right of access to the means of providing for retirement is critical.
Paper on Retirement Fund Reform that each and every individual should have the opportunity to adequately provide for their own retirement and the needs of their dependents. Far too many individuals reach retirement age without a funded benefit and hence rely on a government social assistance grant programme.
With proper retirement provisioning, members need not rely solely on the R780/month social old age pension and can enjoy a more stable standard of living in old age. Two aspects that can seriously impact on these retirement benefits are the number of years of contribution and the costs of administration. These are both areas over which trustees can make a difference. Members need to be made aware of the need to preserve their savings for as long as possible and trustees need to scrutinise the costs associated with managing the fund.
Let us commit to using the hard-fought rights to retirement provision to their full potential. How can we as trustees be fully empowered to administer our funds effectively to the benefit of our members?
These questions become particularly relevant in the defined contribution environment. Whereas the GEPF is a defined benefit fund, the NUM's members belong to a range of different types of retirement funds - defined benefit, defined contribution and provident funds.
Under DB funds, such as the GEPF, financial obligations are determined by the earnings of its members. Members have certainty over the future value of their retirement benefit, while if there is a shortfall between these obligations and the market value of the fund's assets, it is the employer, Government, through the Minister of Finance, who must top it up.
Members of DC schemes, however, bear the full brunt of fluctuations in the market. Under a DC arrangement, each member has, in a sense, his or her own mini-fund for retirement. The amount invested in the mini-fund is dependent on the value and length of the member's contribution. These mini-funds are pooled together for the purposes of administration and investment. At retirement, the value of the mini-fund depends on how the assets of the pooled fund have been invested and how these investments have performed.
The 'pooled fund' is invested by a set of fund managers. If fund managers do an excellent job, the fund performs well and all its members are richer. If the fund manager makes lousy decisions, it is the fund members - and not the employer - who end up poorer.
Fund managers far too often reap the benefits of upside performance, while avoiding exposure to any of the downside risk. The only people that can hold fund managers to account are the trustees. In short, the difference between members being richer or poorer will depend on the quality of trustees.
Fund managers are highly skilled professionals who have an interest in growing the assets they have under management. They have no interest in losing money, but at the same time, the desire to grow these assets as quickly and dramatically as possible can often lead asset managers down the path of temptation in making risky investment decisions with the money of workers After all, the losses are not theirs to pay for.
Healthy fund management will consist of a prudent balance of government bonds to provide inflation protection, equities to provide growth, and alternative investments to hedge against dramatic downturns or to try and gain an extra few basis points of return. An extra layer of diversification of risk is added by spreading these investments, both across countries and across sectors - the idea being that when one area or sector is doing badly, hopefully another is doing well. However, despite all of these prudent precautions, there are more than a few examples of where fund managers have blatantly flaunted the rules and got it badly wrong!
Many of you sitting before me are aware of a South African pension fund which lost about R1,8 billion of member's money speculating in maize futures contracts. What was the fund doing putting that amount of money at risk on agricultural derivatives!! Internationally, the well-known example of Enron is a painful lesson in both corporate governance and pension fund investment. Since the Enron pension fund invested its assets in Enron itself, when Enron collapsed, so did their pension fund. This is a situation that could have been easily avoided by appropriate and diversified investment of the pension fund's assets?
Who has responsibility for avoiding these types of tragedies It can only be the trustees. I cannot stress more firmly that the conduct of fund managers is determined by the quality of trustees?
Let me give you another example. This time of the power of trustees. A celebrated case in England a few years ago was that of Unilever Pension Fund Trustees versus Merrill Lynch Asset Managers. Unilever took Merrill to court arguing that the fund manager's high-risk investment strategy, which lost it hundred of millions of Pounds, ignored the mandate of the trustee's investment strategy. The case was settled out of court and is believed to have cost Merrill Lynch Asset Managers in excess of R600 million (£50 million).
This illustrates the power that trustees can wield, if properly armed. This potential places a responsibility on the NUM and its members to ensure that the trustees are empowered to act. There can surely be no greater risk than to place power in the hands of persons who do not know what to do with it.
Those of you who attended the NEDLAC trustees conference held in October last year will remember me speaking of the proverbial David as trustee versus the Goliath of fund managers. We don't want trustees to be dazzled by the fancy speak of investment managers and actuaries. Truly powerful trustees are those that are confident to ask questions, no matter how stupid they may seem, and stand firm by their responsibilities.
Trustee power also means shareholder activism. Again, this is something I raised at the NEDLAC conference. I note that this matter has received some publicity in the past few days. COSATU has said that it intends playing a more active role through its members, whose pension monies represent shares in a host of listed companies. I welcome this initiative. I would like to stress that I see the primary goal of shareholder activism as member and shareholder protection via improved fund and company governance. Members can, in effect, use their collective financial muscle to, for instance, encourage investment in companies that create jobs, and to limit the exorbitant increases in executive remuneration we have seen over the past few years.
But it is also important to note that the role of trustees is not to be fund managers. Quality trusteeship demands an arms length relationship with the fund manager to ensure impartiality in the setting and monitoring of mandates. Let me insert a word of caution here to trustees: make your decisions objectively. Don't be swayed by service providers who may offer you a free box seat at the Orlando Pirates and Kaizer Chiefs derby match!
The Retirement Fund Reform Discussion Paper dedicates a section to trustee conduct. We invite comment not only on this section, which deals with issues such as conflicts of interest, trustee training and the conduct of service providers in relation to fund business, but also on any of the proposals listed in the document. The deadline for the submission of comments is 31 March 2005. Let me assure you that all stakeholder inputs will be carefully considered, prior to the issuing of a final principles document.
In conclusion, what do the responsibilities of trustees cover First and foremost, ensuring that they are adequately empowered to protect the value of workers' earnings. This requires education and training. Education of trustees themselve?
so that they are not dazzled by fancy PowerPoint presentations; so that they can develop investment mandates and interrogate investment performance - but also education and empowerment of members. Trustees must ensure that members themselves have all the information they need, in an easily understandable form and on a regular basis, to be able to track what is, ultimately, their money.
We as trustees have the power in our hands. Let's ensure that we are quality trustees who use it wisely.
<fn>GOV-ZA.2005030901En.2012-02-10.en.txt</fn>
South Africa's retirement fund legislation is to experience reforms that will seek to expand the availability of retirement savings vehicles and provide greater protection to fund members.
Some of the key objectives of the reforms include raising the standard of retirement fund governance, encouraging and enabling individuals to make adequate provision for their retirement, as well as empowering the regulator to effectively regulate the retirement funds under its supervision.
In 2004, the National Treasury released a discussion paper: Retirement Fund Reform Discussion Paper, which is available for public comment until 31 March 2005 on www.treasury.gov.za. In order to make the process more interactive, National Treasury has also arranged roadshows across the country with relevant stakeholders.
<fn>GOV-ZA.2005031401En.2012-02-10.en.txt</fn>
Trevor Manuel, MP, Minister of Finance, will host a briefing on the report of the Commission for Africa. The report is a culmination of a year long process initiated by the British government, involving Commissioners from both Africa and the developed world. It highlights the need for action on Africa's development and was launched in London on Friday 11 March 2005.
This follows a series of consultative meetings including the meeting on the economic chapter of the Commission for Africa that was hosted by Minister Manuel in January 2005. Recommendations made in the report will form part of the agenda of the G8 Summit and the European Union (EU) later on this year.
<fn>GOV-ZA.2005033101En.2012-02-10.en.txt</fn>
The Prevailing Interest Rates are determined on 30 March 2005 and are applicable from the first day of the month (1 April 2005) until the last day of the month (30 April 2005).
<fn>GOV-ZA.2005038childsactEn.2012-02-10.en.txt</fn>
generally, to promote the protection, development and well-being of children.
[Date of commencement of s. 2: 1 July 2007.
a municipal by-law relating to the protection and well-being of children, the conflict must be resolved in terms of section 156 of the Constitution.
a municipal by-law, the conflict must be resolved in terms of section 156 of the Constitution.
For the proper application of subsection (2) (b) the Minister must in terms of section 146 (6) of the Constitution submit all regulations made in terms of this Act and which affect a province, to the National Council of Provinces for approval.
a rule regulating the proceedings of children's courts in terms of section 52.
[Date of commencement of s. 3: 1 July 2007.
This Act must be implemented by organs of state in the national, provincial and, where applicable, local spheres of government subject to any specific section of this Act and regulations allocating roles and responsibilities, in an integrated, co-ordinated and uniform manner.
Recognising that competing social and economic needs exist, organs of state in the national, provincial and where applicable, local spheres of government must, in the implementation of this Act, take reasonable measures to the maximum extent of their available resources to achieve the realisation of the objects of this Act.
[Date of commencement of s. 4: 1 July 2007.
To achieve the implementation of this Act in the manner referred to in section 4, all organs of state in the national, provincial and, where applicable, local spheres of government involved with the care, protection and well-being of children must cooperate in the development of a uniform approach aimed at co-ordinating and integrating the services delivered to children.
[Date of commencement of s. 5: 1 July 2007.
recognise a child's disability and create an enabling environment to respond to the special needs that the child has.
If it is in the best interests of the child, the child's family must be given the opportunity to express their views in any matter concerning the child.
A child, having regard to his or her age, maturity and stage of development, and a person who has parental responsibilities and rights in respect of that child, where appropriate, must be informed of any action or decision taken in a matter concerning the child which significantly affects the child.
[Date of commencement of s. 6: 1 July 2007.
which action or decision would avoid or minimise further legal or administrative proceedings in relation to the child.
The rights which a child has in terms of this Act supplement the rights which a child has in terms of the Bill of Rights.
All organs of state in any sphere of government and all officials, employees and representatives of an organ of state must respect, protect and promote the rights of children contained in this Act.
A provision of this Act binds both natural or juristic persons, to the extent that it is applicable, taking into account the nature of the right and the nature of any duty imposed by the right.
[Date of commencement of s. 8: 1 July 2007.
In all matters concerning the care, protection and well-being of a child the standard that the child's best interest is of paramount importance, must be applied. [Date of commencement of s. 9: 1 July 2007.
Every child that is of such an age, maturity and stage of development as to be able to participate in any matter concerning that child has the right to participate in an appropriate way and views expressed by the child must be given due consideration.
[Date of commencement of s. 10: 1 July 2007.
A child with a disability or chronic illness has the right not to be subjected to medical, social, cultural or religious practices that are detrimental to his or her health, well-being or dignity.
providing the child with the necessary support services.
[Date of commencement of s. 11: 1 July 2007.
Every child has the right not to be subjected to social, cultural and religious practices which are detrimental to his or her well-being.
above that minimum age may not be given out in marriage or engagement without his or her consent.
Genital mutilation or the circumcision of female children is prohibited.
Virginity testing of children under the age of 16 is prohibited.
after proper counselling of the child; and in the manner prescribed.
[Date of commencement of s. 13: 1 July 2007.
anyone acting as a member of, or in the interest of, a group or class of persons; and anyone acting in the public interest.
[Date of commencement of s. 15: 1 July 2007.
[Date of commencement of s. 18: 1 July 2007.
to contribute to the maintenance of the child.
The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child.
the biological father of the child does not have guardianship in respect of the child, the guardian of the child's biological mother is also the guardian of the child.
agreement. [Date of commencement of s. 19: 1 July 2007.
[Date of commencement of s. 20: 1 July 2007.
Any party to the mediation may have the outcome of the mediation reviewed by a court.
commencement of this Act. [Date of commencement of s. 21: 1 July 2007.
The mother or other person who has parental responsibilities and rights in respect of a child may only confer by agreement upon a person contemplated in subsection (1) those parental responsibilities and rights which she or that other person has in respect of the child at the time of the conclusion of such an agreement.
A parental responsibilities and rights agreement must be in the prescribed format and contain the prescribed particulars.
registered with the family advocate; or made an order of the High Court, a divorce court in a divorce matter or the children's court on application by the parties to the agreement.
Before registering a parental responsibilities and rights agreement or before making a parental responsibilities and rights agreement an order of court, the family advocate or the court concerned must be satisfied that the parental responsibilities and rights agreement is in the best interests of the child.
in the child's interest by any other person, acting with leave of the court.
any other person having an interest in the care, well-being and development of the child.
contact with the child; or care of the child.
any other fact that should, in the opinion of the court, be taken into account.
Any person having an interest in the care, well-being and development of a child may apply to the High Court for an order granting guardianship of the child to the applicant.
In the event of a person applying for guardianship of a child that already has a guardian, the applicant must submit reasons as to why the child's existing guardian is not suitable to have guardianship in respect of the child.
any person who is biologically related to a child by reason only of being a gamete donor for purposes of artificial fertilisation.
A parent who is the sole guardian of a child may appoint a fit and proper person as guardian of the child in the event of the death of the parent.
A parent who has the sole care of a child may appoint a fit and proper person to be vested with care of the child in the event of the death of the parent.
An appointment in terms of subsection (1) must be contained in a will made by the parent.
the degree of commitment that the person has shown towards the child; and any other fact that should, in the opinion of the court, be taken into account.
An application in terms of section 22 (4) (b) , 23, 24, 26 (1) (b) or 28 may be brought before the High Court, a divorce court in a divorce matter or a children's court, as the case may be, within whose area of jurisdiction the child concerned is ordinarily resident.
A co-holder of parental responsibilities and rights may not surrender or transfer those responsibilities and rights to another co-holder or any other person, but may by agreement with that other co-holder or person allow the other co-holder or person to exercise any or all of those responsibilities and rights on his or her behalf.
An agreement in terms of subsection (3) does not divest a co-holder of his or her parental responsibilities and rights and that co-holder remains competent and liable to exercise those responsibilities and rights.
(a) Before a person holding parental responsibilities and rights in respect of a child takes any decision contemplated in paragraph (b) involving the child, that person must give due consideration to any views and wishes expressed by the child, bearing in mind the child's age, maturity and stage of development.
deceive the child or any other person into believing that that person is the biological or adoptive parent of the child.
The co-holders of parental responsibilities and rights in respect of a child may agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.
If the co-holders of parental responsibilities and rights in respect of a child are experiencing difficulties in exercising their responsibilities and rights, those persons, before seeking the intervention of a court, must first seek to agree on a parenting plan determining the exercise of their respective responsibilities and rights in respect of the child.
A parenting plan must comply with the best interests of the child standard as set out in section 7.
mediation through a social worker or other suitably qualified person.
the schooling and religious upbringing of the child.
be accompanied by a copy of the plan.
A parenting plan registered with a family advocate may be amended or terminated by the family advocate on application by the co-holders of parental responsibilities and rights who are parties to the plan.
Section 29 applies to an application in terms of subsection (2).
Any person having care or custody of a child who, contrary to an order of any court or to a parental responsibilities and rights agreement that has taken effect as contemplated in section 22 (4), refuses another person who has access to that child or who holds parental responsibilities and rights in respect of that child in terms of that order or agreement to exercise such access or such responsibilities and rights or who prevents that person from exercising such access or such responsibilities and rights is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year.
A person having care or custody of a child whereby another person has access to that child or holds parental responsibilities and rights in respect of that child in terms of an order of any court or a parental responsibilities and rights agreement as contemplated in subsection (1) must upon any change in his or her residential address forthwith in writing notify such other person of such change.
[Date of commencement of s. 36: 1 July 2007.
[Date of commencement of s. 37: 1 July 2007.
Section 8 (1) and (2) of the Divorce Act apply, with the necessary changes as the context may require, to the rescission or variation of a maintenance order, or an order relating to the care or guardianship of, or contact with, a child, or the suspension of a maintenance order or an order relating to contact with a child, made by virtue of subsection (3).
that person was the husband of such woman at the time of such artificial fertilisation.
[Date of commencement of s. 40: 1 July 2007.
Information disclosed in terms of subsection (1) may not reveal the identity of the person whose gamete was or gametes were used for such artificial fertilisation or the identity of the surrogate mother.
The Director-General: Health or any other person specified by regulation may require a person to receive counselling before any information is disclosed in terms of subsection (1).
For the purposes of this Act, every magistrate's court, as defined in the Magistrates' Courts Act, 1944 (Act 32 of 1944), shall be a children's court and shall have jurisdiction on any matter arising from the application of this Act for the area of its jurisdiction.
be assigned to him or her under this Act or any other law.
is accessible to disabled persons and persons with special needs.
is bound by the law as applicable to magistrate's courts when exercising criminal jurisdiction in terms of paragraph (a).
any other matter relating to the care, protection or well-being of a child provided for in this Act.
the safeguarding of a child's interest in property; and surrogate motherhood.
If it appears to any court in the course of proceedings that a child involved in or affected by those proceedings is in need of care and protection as is contemplated in section 150, the court must order that the question whether the child is in need of care and protection be referred to a designated social worker for an investigation contemplated in section 155 (2).
make appropriate orders as to costs in matters before the court; and order the removal of a person from the court after noting the reason for the removal on the court record.
mediation contemplated in section 71.
to carry out an investigation or further investigation that may assist the court in deciding the matter; and to furnish the court with a report and recommendation thereon.
in accordance with any prescribed procedures; and subject to any directions and conditions determined in the court order.
record any information; and carry out any specific instruction of the court.
Except where otherwise provided in this Act, any person listed in this section may bring a matter which falls within the jurisdiction of a children's court, to a clerk of the children's court for referral to a children's court.
A person who is a party in a matter before a children's court is entitled to appoint a legal practitioner of his or her own choice and at his or her own expense.
Where a child involved in a matter before the children's court is not represented by a legal representative, and the court is of the opinion that it would be in the best interests of the child to have legal representation, the court must refer the matter to the Legal Aid Board referred to in section 2 of the Legal Aid Act, 1969 (Act 22 of 1969).
a person who obtained permission to be present from the presiding officer of the children's court; and the designated social worker managing the case.
A summons referred to in subsection (1) must be served on the witness as if it were a summons to give evidence or to produce a book, document or other written instrument at a criminal trial in a magistrate's court.
If a child is present at the proceedings, the court may order any person present in the room where the proceedings take place to leave the room if such order would be in the best interests of that child.
Children's court proceedings must be conducted in an informal manner and, as far as possible, in a relaxed and non-adversarial atmosphere which is conducive to attaining the co-operation of everyone involved in the proceedings.
the legal representative of a person who is entitled to a legal representative in those proceedings.
A child who is a party or a witness in a matter before a children's court must be questioned through an intermediary as provided for in section 170A of the Criminal Procedure Act, 1977 (Act 51 of 1977) if the court finds that this would be in the best interests of that child.
any other relevant person.
give that person the opportunity to question or cross-examine the author of the report in regard to a matter arising from the report; or to refute any statement contained in the report.
submitting a written report to the court.
A presiding officer of a children's court may excuse any person from appearing at adjournment proceedings.
at any time after making an order or when a report of noncompliance mentioned in subsection (4) is referred to it, may call or recall any person involved in the matter to appear before it.
confirm, vary or withdraw the order; or enforce compliance with the order, if necessary through a criminal prosecution in a magistrate's court or in terms of section 45 (2).
for the purpose of a review or appeal; or for the purpose of bona fide research or the reporting of cases in law reports, provided the provisions of section 74 are complied with.
If it comes to the attention of the clerk of the children's court that a child may be in need of care and protection, the clerk must refer the matter to a designated social worker for investigation in terms of section 155 (2).
Pre-hearing conferences may not be held in the event of a matter involving the alleged abuse or sexual abuse of a child.
The child involved in the matter may attend and may participate in the conference unless the children's court decides otherwise.
define the issues to be heard by the court.
consider a report on the proceedings before the lay-forum to the court when the matter is heard.
If a matter is settled out of court and the settlement is accepted by all parties involved in the matter, the clerk of the children's court must submit the settlement to the children's court for confirmation or rejection.
before deciding the matter, refer the settlement back to the parties for reconsideration of any specific issues; or reject the settlement.
The clerk of the children's court may attend every children's court hearing.
[NB: Chapters 5 (ss. 76-90) and 6 (ss. 91-103) have been inserted by s. 4 of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation. See PENDLEX.
NB: A Part 1 (ss. 104-110) has been inserted by s. 5 (a) of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation.
The Director-General must keep and maintain a register to be called the National Child Protection Register.
The National Child Protection Register consists of a Part A and a Part B.
All Parts of the Register must be kept confidential and information in the Register may be accessed and disclosed only as provided for in this Act.
any other person for the purpose of conducting research on child abuse or deliberate neglect or related issues on condition that the full names, surname, physical address and identification number of the child must be excluded.
The purpose of Part B of the Register is to have a record of persons who are unsuitable to work with children and to use the information in the Register in order to protect children in general against abuse from these persons.
Any person who has been convicted of murder, attempted murder, rape, indecent assault or assault with the intent to do grievous bodily harm with regard to a child during the five years preceding the commencement of this Chapter, is deemed to have been found unsuitable to work with children.
The Director-General must enter the name of a person found unsuitable to work with children as contemplated in section 120 in Part B of the Register regardless of whether appeal proceedings have been instituted or not.
If, after appeal or review proceedings have been concluded, a finding in terms of section 120 that a person is unsuitable to work with children is reversed, the Director-General must forthwith remove the name of the person from the Register.
The South African Police Service may not allow a person whose name appears in Part B of the Register to work in a unit of the Service tasked with child protection.
The head of a state department may not allow a person whose name appears in Part B of the Register to be employed in a position where that person works with or has access to children.
The municipal council of a municipality may not allow a person whose name appears in Part B of the Register to be employed in a position where that person works with or has access to children.
A person contemplated in subsection (1) who fails to disclose the fact that his or her name is entered in Part B of the Register is guilty of misconduct and his or her services may be terminated as a result thereof.
the manager or person in control of a designated child protection organisation dealing with foster care and adoption.
The Director-General may, on such conditions as the Director-General may determine, allow officials of a provincial education department designated by the head of that department access to Part B of the Register for the purpose of implementing section 123 in relation to schools under the jurisdiction of that department.
to be employed in terms of the Municipal Systems Act in a position where he or she works with or has access to children, the municipal council of that municipality must establish whether or not that person's name appears in Part B of the Register.
subsection (2), the Director-General must respond in writing within six months by indicating whether the person's name appears in Part B of the Register or not; and subsection (3), the Director-General must respond in writing within 21 working days by indicating whether the person's name appears in Part B of the Register, and if so, the reasons why his or her name was entered in the Register.
The general rule with regard to the disclosure of information in Part B of the Register is that it must be in the best interests of the child, unless the information is disclosed following an inquiry in terms of section 126.
The Director-General must inform a person found unsuitable to work with children when that person's name and particulars are entered in Part B of the Register.
A person whose name appears in Part B of the Register may in terms of subsection (2) apply for the removal of his or her name and any information relating to that person from the Register.
An application in terms of subsection (1) to remove a person's name and particulars from Part B of the Register on the ground that the affected person has been rehabilitated, may only be made after at least five years have lapsed since the entry was made and after considering the prescribed criteria.
The name and particulars of a person convicted more than once of an offence with regard to a child may not be removed from Part B of the Register.
Subject to section 5 (2) of the Choice on Termination of Pregnancy Act, 1996 (Act 92 of 1996), a child may be subjected to medical treatment or a surgical operation only if consent for such treatment or operation has been given in terms of either subsection (2), (3), (4), (5), (6) or (7).
No parent, guardian or care-giver of a child may refuse to assist a child in terms of subsection (3) or withhold consent in terms of subsections (4) and (5) by reason only of religious or other beliefs, unless that parent or guardian can show that there is a medically accepted alternative choice to the medical treatment or surgical operation concerned.
If HIV-testing of a child is done for foster care or adoption purposes, the state must pay the cost of such tests where circumstances permit. [Date of commencement of s. 131: 1 July 2007.
the child's parent or care-giver, if the parent or care-giver has knowledge of the test.
in terms of an order of a court.
a medical examination is carried out on the child to determine whether there are any medical reasons why a specific contraceptive should not be provided to the child.
[NB: Sub-s. (3) has been substituted and a Part 4 (ss 135-141) has been inserted by s. 5 (b) and (c) , respectively, of the Children's Amendment Act 41 of 2007, provisions which will be put into operation by proclamation. See PENDLEX.
[NB: Paras. (a) to (f) inclusive have been inserted by s. 6 of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation. See PENDLEX.
prescribing criteria for the assessment of applications for the removal of names of persons from Part B of the National Child Protection Register; and prescribing any other matter necessary to facilitate the implementation of this Chapter.
[NB: A Chapter 8 (ss. 143-149) has been inserted by s. 7 of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation. See PENDLEX.
A presiding officer issuing an order in terms of subsection (1) may also order that the child be placed in temporary safe care if it appears that it is necessary for the safety and well-being of the child.
to (d).
without delay but within 24 hours inform the parent, guardian or care-giver of the child of the removal of the child, if that person can readily be traced; and not later than the next court day inform the relevant clerk of the children's court of the removal of the child; and report the matter to the relevant provincial department of social development.
constitutes unprofessional or improper conduct as contemplated in section 27 (1) (b) of the Social Service Professions Act, 1978 (Act 110 of 1978) by that social worker; and is a ground for an investigation into the possible withdrawal of that organisation's designation.
contains a certificate under the hand of the police official that he or she has handed the original of such written notice to the alleged offender and that he or she has explained to the alleged offender the importance thereof.
The police official must forthwith forward a duplicate original of the written notice to the clerk of the children's court.
is prima facie proof of the issue of the original thereof to the alleged offender and that such original was handed to the offender.
The provisions of section 55 of the Criminal Procedure Act, 1977 (Act 51 of 1977) apply, with the necessary changes, to a written notice handed to an alleged offender in terms of subsection (1).
A children's court before which an alleged offender to whom a written notice in terms of subsection (1) has been issued, appears, may summarily inquire into the circumstances which gave rise to the issuing of the notice.
Misuse of a power referred to in subsection (1) by a police official constitutes grounds for disciplinary proceedings against such police official as contemplated in section 40 of the South African Police Service Act, 1995 (Act 68 of 1995).
Before the child is brought before the children's court, a designated social worker must investigate the matter and within 90 days compile a report in the prescribed manner on whether the child is in need of care and protection.
The designated social worker must report the matter to the relevant provincial department of social development.
If, after an investigation contemplated in subsection (2), the designated social worker finds that the child is not in need of care and protection, he or she must indicate the reasons for the finding in the report, which must be submitted to the children's court for review.
The designated social worker must where necessary indicate in the report the measures recommended to assist the family, including counselling, mediation, prevention and early intervention services, family reconstruction and rehabilitation, behaviour modification, problem solving and referral to another suitably qualified person or organisation.
If, after an investigation contemplated in subsection (2), the designated social worker finds the child to be in need of care and protection, that child must be brought before the children's court.
If the court finds that the child is in need of care and protection, the court may make an appropriate order in terms of section 156.
be placed in temporary safe care.
If a court finds that a child is not in need of care and protection the court may nevertheless issue an order referred to in subsection (1) in respect of the child, excluding a placement order.
address those causes and take precautionary action to prevent a recurrence; and provide counselling to both the child and the family before and after reunification.
A very young child who has been orphaned or abandoned by its parents must be made available for adoption in the prescribed manner and within the prescribed period except when this is not in the best interests of the child.
When issuing an order involving the removal of the child from the care of the child's parent or care-giver, the court may include in the court order instructions as to the implementation of the permanency plan for the child.
158 Placement of child in child and youth care centre determine the residential care programme best suited for the child; and order that the child be placed in a child and youth care centre offering that particular residential care programme.
may be extended by a children's court for a period of not more than two years at a time.
any alternative care-giver of that child.
A contribution order takes effect from the date on which it is made unless the court orders that it takes effect from an earlier or later date.
A children's court may vary, suspend or rescind a contribution order or revive the order after it has been rescinded.
If a court other than the court which made a contribution order varies, suspends, rescinds or revives the order in terms of subsection (3), the clerk of the first-mentioned court must immediately inform the clerk of the last mentioned court of such variation, suspension, rescission or revival.
162 Jurisdiction the respondent is ordinarily resident, carries on business or is employed; or the child involved in the matter is ordinarily resident.
A contribution order and a provisional contribution order have the effect of a maintenance order and a provisional maintenance order in terms of the Maintenance Act and the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act 80 of 1963), as the case may be.
A contribution order must instruct the respondent to pay the sum stated therein to such person or institution as the court may determine.
vary, suspend or rescind such an order or revive the order after it has been rescinded.
The employer must promptly pay any amount deducted under an order in terms of subsection (1) to such person or institution as may be specified in the order.
give notice, in writing, to the clerk of the children's court which made the order of any change in that person's residential address or place of work; and state in that notice the new residential address or the name and address of the new employer, as the case may be.
NB: Chapters 11 (ss. 167-179), 12 (ss. 180-190), 13 (ss. 191-212) and 14 (ss. 213227) have been inserted by s. 10 of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation. See PENDLEX . Ss.
An adoption social worker must make an assessment to determine whether a child is adoptable.
the child's parent or guardian has abused or deliberately neglected the child, or has allowed the child to be abused or deliberately neglected; or the child is in need of a permanent alternative placement.
properly assessed by an adoption social worker for compliance with paragraphs (a) and (b).
The biological father of a child who does not have guardianship in respect of the child in terms of Chapter 3 or the foster parent of a child has the right to be considered as a prospective adoptive parent when the child becomes available for adoption.
A person referred to in paragraph (a) must be regarded as having elected not to apply for the adoption of the child if that person fails to apply for the adoption of the child within 30 days after a notice calling on that person to do so has been served on him or her by the sheriff.
keeping a record of fit and proper adoptive parents.
The name and other identifying information of a child must be removed from RACAP if the child has been adopted.
Subsection (1) excludes a parent or person referred to in section 236 and a child may be adopted without the consent of such parent or person.
If the parent of a child wishes the child to be adopted by a particular person the parent must state the name of that person in the consent.
Before consent for the adoption of the child is granted in terms of subsection (1), the adoption social worker facilitating the adoption of the child must counsel the parents of the child and, where applicable, the child on the decision to make the child available for adoption.
The eligibility of the person contemplated in subsection (3) as an adoptive parent must be determined by a children's court in terms of section 231 (2).
submitted to and filed by a clerk of the children's court pending an application for the adoption of the child.
communication, including visitation between the child and the parent or guardian concerned and such other person as may be stipulated in the agreement; and the provision of information, including medical information, about the child, after the application for adoption is granted.
by the adopted child.
the child, parent or person who consented to the adoption withdraws such consent in terms of section 233 (8).
has failed to respond to a notice of the proposed adoption referred to in section 238 within 30 days of service of the notice.
the court, following an allegation by the mother of the child, finds on a balance of probabilities that the child was conceived as a result of the rape of the mother: Provided that such a finding shall not constitute a conviction for the crime of rape.
by causing particulars of himself to be entered in the registration of birth of the child in terms of section 10 (1) (b) or section 11 (4) of the Births and Deaths Registration Act, 1992 (Act 51 of 1992).
A children's court may on a balance of probabilities make a finding as to the existence of a ground on which a parent or person is excluded in terms of this section from giving consent to the adoption of a child.
An adopted child must for all purposes be regarded as the child of the adoptive parent and an adoptive parent must for all purposes be regarded as the parent of the adopted child.
a parent of the adopted child or other person who had guardianship in respect of the child immediately before the adoption; or the adoptive parent of the child.
all responsibilities, rights and other matters terminated by section 242 (1) in respect of the child are restored.
order that the child be kept in temporary safe care until an appropriate placement order can be made.
After an adoption order has been made by a children's court in respect of a child whose birth has been registered in the Republic, the adoptive parent of the child must apply in terms of the applicable law to the Director-General: Home Affairs to record the adoption and any change of surname of the child in the births register.
a fee prescribed in terms of any applicable law, if any.
[NB: A sub-s. (3) has been added by s. 11 of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation. See PENDLEX.
a child protection organisation to provide adoption services.
prescribing advertising guidelines for recruitment purposes; and regarding any other ancillary or incidental administrative or procedural matter that it may be necessary to prescribe to facilitate the proper implementation or administration of this Chapter.
to find fit and proper adoptive parents for an adoptable child; and generally to regulate inter-country adoptions.
The Director-General, after consultation with the Director-General: Justice and Constitutional Development, must perform the functions assigned by the Convention to Central Authorities.
Any powers or duties of the Central Authority in terms of Articles 15 to 21 of the Convention and sections 261 (3) and (4), 262 (3) and (4), 264 (2) and 265 (2) may, to another organ of state; or a child protection organisation accredited in terms of section 259 to provide inter-country adoption services.
The Central Authority may accredit a child protection organisation to provide inter-country adoption services for such period and on such conditions as may be prescribed.
may receive the prescribed fees and make the necessary payments in respect of inter-country adoptions; and must annually submit audited financial statements to the Central Authority of fees received and payments made.
A child protection organisation accredited in terms of section 259 to provide intercountry adoption services may enter into an adoption working agreement with an accredited adoption agency in another country.
A person habitually resident in a non-convention country who wishes to adopt a child habitually resident in the Republic must apply to the competent authority of the non-convention country concerned.
If an adoptable child is available for adoption, the Central Authority will prepare a report on the child in accordance with the prescribed requirements and transmit it to the competent authority in the non-convention country concerned.
In the event of the Central Authority of the Republic withdrawing its consent, the child must be returned to the Republic forthwith in the prescribed manner.
An order of court contemplated in subsection (5) takes effect only after the period referred to in subsection (6) has lapsed and the Central Authority has not withdrawn its consent within the stated period.
This section does not apply to a child habitually resident in the Republic and who is to be placed for adoption outside the Republic with a family member of that child or with a person who will become an adoptive parent jointly with the child's biological parent.
The provisions of Chapter 15 apply to the adoption of a child referred to in subsection (8).
A person habitually resident in the Republic who wishes to adopt a child habitually resident in a non-convention country must apply to the Central Authority.
If the Central Authority is satisfied that the applicant is fit and proper to adopt, it shall prepare a report on that person in accordance with the requirements of the nonconvention country concerned and transmit the report to the competent authority of that country.
If an adoptable child is available for adoption, the competent authority of the nonconvention country concerned shall prepare a report on the child in accordance with the prescribed requirements and transmit it to the Central Authority.
If the Central Authority and the competent authority of the non-convention country concerned both agree to the adoption, the competent authority of that country will refer the application for adoption for the necessary consent in that country.
The adoption in a convention country of a child habitually resident in that convention country by a person habitually resident in another convention country shall be recognised in the Republic if an adoption compliance certificate issued in the convention country where the adoption was granted is in force for the adoption.
If an adoption compliance certificate was not issued in the relevant convention country, the Central Authority may issue a declaration recognising the adoption.
The Central Authority may issue a declaration recognising the adoption of a child in a non-convention country if the adoption in that country has the same effect it would have had if the order had been made in the Republic.
If the adoption of a child is recognised in terms of section 266 or 268, the adoption has in the Republic the effects set out in section 242.
If the Central Authority declares that an adoption or decision referred to in subsection (1) may not be recognised, the adoption or decision has no effect in the Republic.
No person may process or facilitate an inter-country adoption otherwise than in terms of this Chapter.
to combat parental child abduction.
The Central Authority of the Republic may, subject to such conditions as he or she may impose, delegate or assign any powers or duties conferred or imposed upon him or her under the Hague Convention on International Child Abduction to any family advocate appointed in terms of the Mediation in Certain Divorce Matters Act.
In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3 of the Hague Convention on International Child Abduction, a High Court may, prior to the making of an order for the return of the child, request the Central Authority to provide a report on the domestic circumstances of the child prior to the alleged abduction.
The court may, prior to the making of an order for the return of the child, order interim protective relief for the child, the applicant or the defendant.
The court must, in considering an application in terms of this Chapter for the return of a child, afford that child the opportunity to raise an objection to being returned and in so doing must give due weight to that objection, taking into account the age and maturity of the child.
prescribing fees and providing for the recovery of any expenditure incurred in connection with the application of the Convention.
The UN Protocol to Prevent Trafficking in Persons is in force in the Republic and its provisions are law in the Republic, subject to the provisions of this Act.
The President may agree to any amendment or revocation of an agreement contemplated in subsection (1).
No person, natural or juristic, or a partnership may traffic a child or allow a child to be trafficked.
A finding by a court that an employer or principal has contravened subsection (1) serves as a ground for revoking the licence or registration of the employer or principal to operate.
knowingly lease or sublease or allow any room, house, building or establishment to be used for the purpose of harbouring a child who is a victim of trafficking; and advertise, publish, print, broadcast, distribute or cause the advertisement, publication, printing, broadcast or distribution of information that suggests or alludes to trafficking by any means, including the use of the Internet or other information technology.
Every Internet service provider operating in the Republic must report to the South African Police Service any site on its server that contains information in contravention of subsection (1).
upon the child's entry into the Republic refer the child to a designated social worker for investigation in terms of section 155 (2).
If it is essential in the best interests of a child who has been trafficked, the Director-General must authorise an adult at state expense to escort the child from the place where the child was found to the place from which the child was trafficked.
If, after an investigation contemplated in subsection (1), an illegal foreign child is brought before the children's court, the court may order that the child be assisted in applying for asylum in terms of the Refugees Act, 1998 (Act 130 of 1998).
A finding in terms of section 156 that an illegal foreign child who is a victim of trafficking is a child in need of care and protection serves as authorisation for allowing the child to remain in the Republic for the duration of the children's court order.
the possibility that the child might be trafficked again, harmed or killed.
A citizen or permanent resident of the Republic, a juristic person or a partnership registered in terms of any law in the Republic that commits an act outside the Republic which would have constituted an offence in terms of this Chapter had it been committed inside the Republic, is guilty of that offence as if the offence had been committed in the Republic and is liable on conviction to the penalty prescribed for that offence.
the agreement includes adequate provisions for the contact, care, upbringing and general welfare of the child that is to be born in a stable home environment, including the child's position in the event of the death of the commissioning parents or one of them, or their divorce or separation before the birth of the child; and in general, having regard to the personal circumstances and family situations of all the parties concerned, but above all the interests of the child that is to be born, the agreement should be confirmed.
after the lapse of 18 months from the date of the confirmation of the agreement in question by the court.
Any artificial fertilisation of a surrogate mother in the execution of an agreement contemplated in this Act must be done in accordance with the provisions of the National Health Act, 2003 (Act 61 of 2003).
Subject to subsections (2) and (3), no person may in connection with a surrogate motherhood agreement give or promise to give to any person, or receive from any person, a reward or compensation in cash or in kind.
An identity card prescribed by regulation must be issued to each person authorised in terms of subsection (1).
When inspecting such a centre, facility, shelter or place, a person authorised in terms of subsection (1) must, on demand, produce such an identity card.
[Date of commencement of para. (c) : 1 July 2007.
commits an act in contravention of the prohibition set out in section 284 (1).
abandons the child.
A person who is legally liable to maintain a child is guilty of an offence if that person, while able to do so, fails to provide the child with adequate food, clothing, lodging and medical assistance. [Date of commencement of sub-s. (4): 1 July 2007.
[Date of commencement of sub-s. (5): 1 July 2007.
Subject to subsection (8), a person convicted of an offence in terms of subsection (1), (2), (3), (4) or (5) is liable to a fine or to imprisonment for a period not exceeding ten years, or to both a fine and such imprisonment.
[NB: Para (a) has been substituted by s. 14 of the Children's Amendment Act 41 of 2007, a provision which will be put into operation by proclamation. See PENDLEX.
an MEC responsible for social development, by agreement with the MEC; or any organ of state, by agreement with that organ of state.
does not divest the Minister of the responsibility concerning the exercise of the power or the performance of the duty.
The Minister may confirm, vary or revoke any decision taken in consequence of a delegation or sub-delegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision.
The Minister may assign any power or duty assigned to the Minister in terms of this Act to an MEC responsible for social development, by agreement with the MEC.
at any time withdraw an assignment.
[Date of commencement of s. 308: 1 July 2007.
the provincial head of social development or an officer in the employ of the province concerned; or any organ of state, by agreement with that organ of state.
at any time withdraw a delegation.
any organ of state, by agreement with that organ of state.
may include the power to sub-delegate, in the case of a delegation in terms of subsection (1) (b) ; and does not divest the provincial head of the responsibility concerning the exercise of the power or the performance of the duty.
[Date of commencement of s. 311: 1 July 2007.
The Minister may delegate to such organisation or person such powers and duties in terms of this Act as may be required for the proper performance of the service.
Section 307 read with such changes as the context may require, applies in respect of any delegation in terms of subsection (2).
The laws referred to in the second column of Schedule 4 are hereby amended to the extent indicated in the third column of the Schedule. Date of commencement of s.
The Convention ceases to apply if the agreements mentioned in Article 17, subparagraph (c) , have not been given before the child attains the age of eighteen years.
(2) (3) (4) he or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required; consideration has been given to the child's wishes and opinions;the child's consent to the adoption, where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing; andsuch consent has not been induced by payment or compensation of any kind.
Article 6 which any communication may be addressed for transmission to the appropriate Central Authority within that State.
Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their States to protect children and to achieve the other objects of the Convention.
Accreditation shall only be granted to and maintained by bodies demonstrating their competence to carry out properly the tasks with which they may be entrusted.
A body accredited in one Contracting State may act in another Contracting State only if the competent authorities of both States have authorized it to do so.
The designation of the Central Authorities and, where appropriate, the extent of their functions, as well as the names and addresses of the accredited bodies shall be communicated by each Contracting State to the Permanent Bureau of the Hague Conference on Private International Law.
Persons habitually resident in a Contracting State, who wish to adopt a child habitually resident in another Contracting State, shall apply to the Central Authority in the State of their habitual residence.
It shall transmit the report to the Central Authority of the State of origin.
It shall transmit to the Central Authority of the receiving State its report on the child, proof that the necessary consents have been obtained and the reasons for its determination on the placement, taking care not to reveal the identity of the mother and the father if, in the State of origin, these identities may not be disclosed.
determine, on the basis in particular of the reports relating to the child and the prospective adoptive parents, whether the envisaged placement is in the best interests of the child.
The Central Authorities of both States shall take all necessary steps to obtain permission for the child to leave the State of origin and to enter and reside permanently in the receiving State.
The transfer of the child to the receiving State may only be carried out if the requirements of Article 17 have been satisfied.
The Central Authorities of both States shall ensure that this transfer takes place in secure and appropriate circumstances and, if possible, in the company of the adoptive or prospective adoptive parents.
If the transfer of the child does not take place, the reports referred to in Articles 15 and 16 are to be sent back to the authorities who forwarded them.
The functions of a Central Authority under this Chapter may be performed by public authorities or by bodies accredited under Chapter III, to the extent permitted by the law of its State.
Notwithstanding any declaration made under paragraph (2), the reports provided for in Articles 15 and 16 shall, in every case, be prepared under the responsibility of the Central Authority or other authorities or bodies in accordance with paragraph (1).
The recognition of an adoption may be refused in a Contracting State only if the adoption is manifestly contrary to its public policy, taking into account the best interests of the child.
the termination of a pre-existing legal relationship between the child and his or her mother and father, if the adoption has this effect in the Contracting State where it was made.
The preceding paragraphs shall not prejudice the application of any provision more favourable for the child, in force in the Contracting State which recognizes the adoption.
if the law of the receiving State so permits; and if the consents referred to in Article 4, sub-paragraphs (c) and (d) , have been or are given for the purpose of such an adoption.
Article 23 applies to the decision converting the adoption.
Article 32 inter-country adoption.
The directors, administrators and employees of bodies involved in an adoption shall not receive remuneration which is unreasonably high in relation to services rendered.
If the competent authority of the State of destination of a document so requests, a translation certified as being in conformity with the original must be furnished. Unless otherwise provided, the costs of such translation are to be borne by the prospective adoptive parents.
The competent authorities of the Contracting States shall act expeditiously in the process of adoption.
any reference to the accredited bodies of that State shall be construed as referring to bodies accredited in the relevant territorial unit.
In relation to a State which with regard to adoption has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
A State within which different territorial units have their own rules of law in respect of adoption shall not be bound to apply the Convention where a State with a unified system of law would not be bound to do so.
Any Contracting State may enter into agreements with one or more other Contracting States, with a view to improving the application of the Convention in their mutual relations. These agreements may derogate only from the provisions of Articles 14 to 16 and 18 to 21. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention.
The Convention shall apply in every case where an application pursuant to Article 14 has been received after the Convention has entered into force in the receiving State and the State of origin.
The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Seventeenth Session and by the other States which participated in that Session.
It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.
Any other State may accede to the Convention after it has entered into force in accordance with Article 46, paragraph (1).
The instrument of accession shall be deposited with the depositary.
Such accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the six months after the receipt of the notification referred to in subparagraph (b) of Article 48. Such an objection may also be raised by States at the time when they ratify, accept or approve the Convention after an accession. Any such objection shall be notified to the depositary.
If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in the Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
A State Party to the Convention may denounce it by a notification in writing addressed to the depositary.
The denunciation takes effect on the first day of the month following the expiration of twelve months after the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation takes effect upon the expiration of such longer period after the notification is received by the depositary.
the denunciations referred to in Article 47.
to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in other Contracting States.
any other relevant document.
After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under the Convention is not lodged within a reasonable time following receipt of the notice.
A decision under this Convention concerning the return of the child shall not be taken to be determination on the merits of any custody issue.
Each Central Authority shall bear its own costs in applying this Convention. Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the payment of the expenses incurred or to be incurred in implementing the return of the child.
This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organizing access rights.
Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provision of this Convention which may imply such a restriction.
The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session.
The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States.
The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.
the denunciation referred to in Article 44. In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.
Done at The Hague, on the 25th day of October, 1980, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Fourteenth Session.
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, G.A. res. 55/25, annex II, 55 U.N. GAOR Supp. (No. 49) at 60, U.N. Doc. A/45/49 (Vol. I) (2001).
The provisions of the Convention shall apply, mutatis mutandis , to this Protocol unless otherwise provided herein.
The offences established in accordance with Article 5 of this Protocol shall be regarded as offences established in accordance with the Convention.
'Trafficking in persons' shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
'child' shall mean any person under eighteen years of age.
established in accordance with paragraph (1) of this article.
In appropriate cases and to the extent possible under its domestic law, each State Party shall protect the privacy and identity of victims of trafficking in persons, including, inter alia , by making legal proceedings relating to such trafficking confidential.
Information on relevant court and administrative proceedings; and assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence.
medical, psychological and material assistance; and employment, educational and training opportunities.
Each State Party shall endeavour to provide for the physical safety of victims of trafficking in persons while they are within its territory.
Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered.
In addition to taking measures pursuant to Article 6 of this Protocol, each State Party shall consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases.
The State Party of which a victim of trafficking in persons is a national or in which the person had the right of permanent residence at the time of entry into the territory of the receiving State Party shall facilitate and accept, with due regard for the safety of that person, the return of that person without undue or unreasonable delay.
This article shall be without prejudice to any applicable bilateral or multilateral agreement or arrangement that governs, in whole or in part, the return of victims of trafficking in persons.
the types of travel document that individuals have used or attempted to use to cross an international border for the purpose of trafficking in persons; and the means and methods used by organized criminal groups for the purpose of trafficking in persons, including the recruitment and transportation of victims, routes and links between and among individuals and groups engaged in such trafficking, and possible measures for detecting them.
Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph (3) of this article.
Each State Party shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Protocol.
At the request of another State Party, a State Party shall, in accordance with its domestic law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for trafficking in persons.
The measures set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are victims of trafficking in persons. The interpretation and application of those measures shall be consistent with internationally recognized principles of non-discrimination.
State Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol through negotiation.
Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it does not consider itself bound by paragraph (2) of this article. The other States Parties shall not be bound by paragraph (2) of this article with respect to any State Party that has made such a reservation.
This Protocol shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.
This Protocol shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Protocol in accordance with paragraph (1) of this article.
An amendment adopted in accordance with paragraph (1) of this article is subject to ratification, acceptance or approval by States Parties.
An amendment adopted in accordance with paragraph (1) of this article shall enter into force in respect of a State Party ninety days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.
CHILDREN'S ACT 38 OF 2005 Page 137 of 201 thereto by their respective Governments, have signed this Protocol.
To give effect to certain rights of children as contained in the Constitution; to set out principles relating to the care and protection of children; to define parental responsibilities and rights; to make further provision regarding children's courts; to provide for partial care of children; to provide for early childhood development; to provide for the issuing of contribution orders; to provide for prevention and early intervention; to provide for children in alternative care; to provide for foster care; to provide for child and youth care centres and drop-in centres; to make new provision for the adoption of children; to provide for inter-country adoption; to give effect to the Hague Convention on Inter-country Adoption; to prohibit child abduction and to give effect to the Hague Convention on International Child Abduction; to provide for surrogate motherhood; and to create certain new offences relating to children; and to provide for matters connected therewith.
by a hospital or other medical facility as part of medical treatment provided to the child.
The Minister, after consultation with interested persons and the Ministers of Education, Finance, Health, Provincial and Local Government and Transport, must include in the departmental strategy a comprehensive national strategy aimed at ensuring an appropriate spread of partial care facilities throughout the Republic, giving due consideration as provided in section 11, to children with disabilities or chronic illnesses.
The MEC for social development must compile a provincial profile at the prescribed intervals in order to make the necessary information available for the development and review of the strategies contemplated in subsections (1) and (2).
within the national strategy contemplated in subsection (1), provide for a provincial strategy to ensure an appropriate spread of partial care facilities in the province.
The MEC for social development may, from money appropriated by the relevant provincial legislature, provide and fund partial care facilities and services for the province, taking into consideration the national and provincial strategies contemplated in section 77.
the structural safety, health and other requirements of the municipality of the area where the partial care facility is situated.
The owner or manager of a partial care facility or provider of a partial care service only qualifies for funding contemplated in subsection (1) if such owner, manager or provider complies with the prescribed national norms and standards contemplated in section 79 and such other requirements as may be prescribed.
The Minister, after consultation with interested persons and the Ministers of Education, Finance, Health, Provincial and Local Government and Transport, must determine national norms and standards for partial care by regulation.
basic therapeutic interventions.
A partial care facility may offer programmes appropriate to the developmental needs of the children in that facility as may be prescribed.
complies with the prescribed national norms and standards contemplated in section 79 and such other requirements as may be prescribed.
An applicant must provide such additional information relevant to the application as the provincial head of social development may determine.
issue to the applicant a certificate of registration or conditional registration or renewal of registration in the prescribed form if the application is granted; and state in the certificate of registration the period for which the registration will remain valid.
the registration holder becomes a person who is not a fit and proper person to operate a partial care facility; or a person who is not a fit and proper person to assist in operating a partial care facility is employed at or engaged in operating the facility.
A person or organisation operating an unregistered partial care facility and who is instructed in terms of subsection (1) (a) (ii) to apply for registration within a specified period, may, despite the provisions of section 80, continue operating the facility during that period and, if that person or organisation applies for registration, until that application has been processed.
The Director-General or the provincial head of social development may apply to the High Court for an order to instruct a partial care facility, whether registered or not, to stop operating that facility.
The High Court may grant an order for costs against the owner or manager of the partial care facility referred to in subsection (3) if so requested by the Director-General or provincial head of social development.
must be in writing; and does not divest the municipal manager of the responsibility concerning the exercise of the power or the performance of the duty.
An applicant or a registration holder aggrieved by a decision of an official in the employ of a municipality in terms of this chapter may lodge an appeal against that decision in the prescribed form within 90 days with the municipal council, who must decide the appeal within 90 days of receipt thereof.
An applicant or a registration holder that is not satisfied with the outcome of an appeal contemplated in subsection (6) may apply to the competent division of the High Court to review that decision.
The provincial head of social development may by notice in writing require the municipal manager or any other person in possession of information required by the provincial head of social development for purposes of monitoring the performance of the functions assigned by this section, to provide such information to the provincial head of social development within the period specified in the notice.
the provincial head of social development.
The police official must cause an investigation into the circumstances surrounding the death of the child to be conducted by the South African Police Service, unless the police official is satisfied that the child died of natural causes.
any other matter that may be necessary to facilitate the implementation of this Chapter.
Early childhood development, for the purposes of this Act, means the process of emotional, cognitive, sensory, spiritual, moral, physical, social and communication development of children from birth to school-going age.
The Minister, after consultation with interested persons and the Ministers of Education, Finance, Health, Provincial and Local Government and Transport must include in the departmental strategy a comprehensive national strategy aimed at securing a properly resourced, co-ordinated and managed early childhood development system, giving due consideration as provided in section 11, to children with disabilities or chronic illnesses.
The MEC for social development must compile a provincial profile at the prescribed intervals in order to make the necessary information available for the development and review of the strategies referred to in subsections (1) and (2).
The MEC for social development may, from money appropriated by the relevant provincial legislature, provide and fund early childhood development programmes for that province.
The provider of an early childhood development programme only qualifies for funding contemplated in subsection (1) if such provider complies with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed.
a partial care facility providing partial care services for any children up to school-going age; and a child and youth care centre which has in its care any children up to school-going age.
Any other person or organisation not disqualified in terms of section 97 (3) may provide early childhood development programmes, provided that those programmes comply with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed.
The Minister must determine national norms and standards for early childhood development programmes by regulation after consultation with interested persons and the Ministers of Education, Finance, Health, Provincial and Local Government and Transport.
meeting the emotional, cognitive, sensory, spiritual, moral, physical, social and communication development needs of children.
An early childhood development programme provided by a national or provincial state department or a municipality must comply with subsection (1).
comply with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed.
be accompanied by any documents that may be prescribed.
The provincial head of social development must renew the registration of an early childhood development programme before the expiration thereof if the application for renewal was lodged at least 90 days before the registration was due to expire as contemplated in subsection (3).
A provincial head of social development must authorise a suitably qualified person to assess the provision and content of an early childhood development programme in order to determine whether the programme complies with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed.
Section 304 (2) and (3), read with such changes as the context may require, applies to any assessment in terms of subsection (6).
the early childhood development programme meets the emotional, cognitive, sensory, spiritual, moral, physical, social and communication development needs of the children to whom the programme will be presented.
providing for any other matters that may be prescribed.
A provincial head of social development may assist a registration holder to comply with the prescribed national norms and standards contemplated in section 94 and such other requirements as may be prescribed or any provisions of this Act where the cancellation was due to non-compliance with those national norms and standards, requirements, conditions or provisions.
The cancellation of the registration or conditional registration of an early childhood development programme in terms of subsection (1) does not affect the registration or conditional registration of a partial care facility or a child and youth care centre.
a person who is not a fit and proper person to provide or assist in the provision of an early childhood development programme provides or assists in the provision of such a programme.
to stop the provision of that programme; or to comply with those national norms and standards and other requirements within a period specified in the notice.
The provincial head of social development may, by written agreement with a municipality, assign the performance of some or all of the functions contemplated in sections 95, 96, 97, 98, 99 and 100 to the municipal manager if the provincial head of social development is satisfied that the municipality complies with the prescribed requirements with regard to the capacity of that municipality to perform the functions concerned.
The agreement must be in the prescribed form and contain the prescribed particulars.
The municipal manager referred to in subsection (1) may delegate any power or duty assigned to him or her in terms of this section to a social service professional in the employ of the municipality.
An applicant or a registration holder aggrieved by a decision of an official in the employ of a municipality in terms of this chapter may lodge an appeal against that decision in the prescribed form within 90 days with the municipal council, who must decide on the appeal within 90 days of receipt thereof.
An applicant or a registration holder that is not satisfied with the outcome of an appeal lodged as contemplated in subsection (6) may apply to the competent division of the High Court to review that decision.
The provincial head of social development must monitor the performance of the functions assigned in terms of this section.
withdraw the assignment of the functions.
does not divest the municipal manager of the responsibility concerning the exercise of the power or the performance of the duty.
a designated child protection organisation.
The Minister must determine national norms and standards for child protection by regulation after consultation with interested persons and the Ministers of Education, Finance, Health and Justice and Constitutional Development and the South African Police Service.
may be made on such conditions as the Director-General or provincial head of social development may determine; and must be made for such period as may be prescribed.
The Director-General or provincial head of social development may assign to a designated child protection organisation such powers and duties in terms of this Act necessary for the proper provision of designated child protection services by the organisation.
Sections 310 and 311 read with such changes as the context may require, apply to any assignment in terms of subsection (1).
Any organisation which, when section 107 takes effect, is a designated welfare organisation within the meaning of the Child Care Act must be regarded as having been designated in terms of section 107 as a child protection organisation to perform the designated child protection services which it performed immediately before that section took effect.
Any correctional official, dentist, homeopath, immigration official, labour inspector, legal practitioner, medical practitioner, midwife, minister of religion, nurse, occupational therapist, physiotherapist, psychologist, religious leader, social service professional, social worker, speech therapist, teacher, traditional health practitioner, traditional leader or member of staff or volunteer worker at a partial care facility, drop-in centre or child and youth care centre who on reasonable grounds concludes that a child has been abused in a manner causing physical injury, sexually abused or deliberately neglected, must report that conclusion in the prescribed form to a designated child protection organisation, the provincial department of social development or a police official.
Any person who on reasonable grounds believes that a child is in need of care and protection may report that belief to the provincial department of social development, a designated child protection organisation or a police official.
ensure the safety and well-being of the child concerned if the child's safety or well-being is at risk; and within 24 hours notify the provincial department of social development or a designated child protection organisation of the report and any steps that have been taken with regard to the child.
A designated child protection organisation to whom a report has been made in terms of subsection (1), (2) or (4) must report the matter to the relevant provincial department of social development.
deal with the child in the manner contemplated in sections 151, 152 or 155.
suspending for a period, terminating or transferring any or all of the parental responsibilities and rights which a specific person has in respect of a child; or restricting or circumscribing the exercise by that person of any or all of the parental responsibilities and rights that person has in respect of a child.
is three years or younger, and has been in alternative care for more than six months.
the probability of arranging for the child to be adopted or placed in another form of alternative care.
induces the child to remain with him or her or any other person.
use, procure, offer or employ a child for child labour.
designed to serve the purposes mentioned in section 144; and provided to families where there are children identified as being vulnerable to or at risk of harm or removal into alternative care.
provided to families with children in order to strengthen and build their capacity and self-reliance to address problems that may or are bound to occur in the family environment which, if not attended to, may lead to statutory intervention.
diverting children away from the child and youth care system and the criminal justice system; and avoiding the removal of a child from the family environment.
promoting the well-being of children and the realisation of their full potential.
Prevention and early intervention programmes must involve and promote the participation of families, parents, care-givers and children in identifying and seeking solutions to their problems.
temporary safe care; and assessment of programmes.
When a report of a designated social worker is produced before a court in order to assist a court in determining a matter concerning a child, the report must contain a summary of any prevention and early intervention programmes provided in respect of that child and the family, parent or care-giver of the child.
The management or person referred to in subsection (1), designated social worker or the provincial head of social development in the province may at any time cancel any leave of absence granted in terms of subsection (1).
In the case of foster care, the supervising designated social worker may at any time cancel any leave of absence granted in terms of subsection (1).
report to the provincial head of social development in the relevant province the result of an inquiry in terms of subsection (6); and notify the provincial head of social development of any order made in terms of subsection (6) (c).
The provincial head of social development may not transfer a child to a child and youth care centre in another province without the permission of the provincial head of social development in that province and without the prescribed financial arrangements regarding the placement being made.
If the provincial head of social development transfers a child in terms of subsection (1) to the care of the child's parent, guardian or former care-giver under the supervision of a designated social worker, the order must specify the requirements with which the child and that parent, guardian or former care-giver must comply.
If the provincial head of social development transfers a child from a secure care child and youth care centre to a less restrictive child and youth care centre or to the care of a person, the provincial head of social development must be satisfied that the transfer will not be prejudicial to other children.
from the care of a child and youth care centre to a secure care or more restrictive child and youth care centre.
the child and youth care centre or person to whom the child is to be transferred.
be removed from the child and youth care centre or person in whose care or temporary safe care the child is; and be put in temporary safe care at a place specified in the notice.
discharge the child from alternative care in terms of section 175; or issue a notice directing that the child be returned to the child and youth care centre or person in whose care or temporary safe care the child was immediately before the subsection (1) notice was issued.
to assess the best interest of the child; and to reunite the child with the child's immediate family or other family members, if applicable; and a transfer to another child and youth care centre of any other form of placement.
may at the end of or at any time during the trial period confirm the child's placement or discharge the child from alternative care in terms of section 175.
The notice of provisional transfer shall be considered proof of eligibility for any form of state support which would have been payable if the transfer had been permanent.
an order of a children's court; or a transfer in terms of section 171.
Before a children's court places a child in foster care, the court must follow the children's court processes stipulated in Part 2 of Chapter 9 to the extent that the provisions of that Part are applicable to the particular case.
A person unsuitable to work with children is not a fit and proper person to be entrusted with the foster care of a child.
Subsections (2) and (3), read with such changes as the context may require, apply to any person employed at or involved in a nonprofit organisation managing a cluster foster care scheme.
the cultural, religious and linguistic background of the child; and the availability of a suitable person with a similar background to that of the child who is willing and able to provide foster care to the child.
More than six children may be placed in foster care in terms of a registered cluster foster care scheme.
Despite the provisions of subsections (1) and (2), a social service professional must visit a child in foster care at least once every two years to monitor and evaluate the placement.
Foster care may be terminated by a children's court if it is in the best interest of the child.
adoption of the child.
before approving a programme, authorise a suitably qualified person to assess the content of the programme.
The Minister, after consultation with interested persons and the Ministers of Education, Health, Home Affairs and Justice and Constitutional Development, must include in the departmental strategy a comprehensive national strategy aimed at ensuring an appropriate spread of child and youth care centres throughout the Republic providing the required range of residential care programmes in the various regions, giving due consideration as provided in section 11, to children with disability or chronic illness.
the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed; and the structural, safety, health and other requirements of the municipality of the area in which the child and youth care centre is situated.
An accredited organisation operating a child and youth care centre only qualifies for funding from money appropriated by a provincial legislature if it complies with the prescribed national norms and standards contemplated in section 194 and such other requirements as may be prescribed.
a reformatory established in terms of section 52 of the Prisons and Reformatories Act, 1911 (Act 13 of 1911) and maintained as a reform school in terms of the Child Care Act must be regarded as having been established in terms of section 195 as a child and youth care centre providing a residential care programme referred to in section 191 (2) (j).
A school of industries referred to in paragraph (d) and a reform school referred to in paragraph (e) which are the responsibility of a provincial department of education on the date when this section comes into operation becomes the responsibility of a provincial department of social development within two years of the commencement of this chapter.
All existing government children's homes, places of safety, secure care facilities, schools of industries and reform schools must be registered as child and youth care centres within two years of the commencement of this chapter.
any documents that may be prescribed.
A person unsuitable to work with children is not a fit and proper person to operate or assist in operating a child and youth care centre.
The provincial head of social development in the relevant province may on application in the prescribed circumstances by the holder of a registration of a child and youth care centre amend the registration by written notice to that person.
reinstate the registration if the registration holder corrects the cause of the cancellation within that period.
The provincial head of social development, pending an appeal contemplated in section 207, may suspend the operation of a child and youth care centre, whether registered or not.
The management board must create a children's forum as part of the management board to ensure the participation of resident children in the operation of the centre, taking into consideration the age, maturity and stage of development of the children.
if that person is a fit and proper to assist in operating a child and youth care centre.
in a manner that is conducive to implementing the residential care programme and other programmes offered at the centre.
assistance with personal hygiene; or laundry services.
outreach services; and prevention and early intervention.
The MEC for social development must compile a provincial profile at the prescribed intervals in order to make the information available that is necessary for the development and review of the strategies referred to in subsections (1) and (2).
The Minister must determine national norms and standards for drop-in centres by regulation after consultation with interested persons and the Ministers of Finance, Health, Provincial and Local Government and Transport.
access to refuse disposal services or other adequate means of disposal of refuse; and a hygienic area for the preparation of food for the children.
be accompanied by any documents as may be prescribed.
An application for the renewal of registration must be made at least 90 days before the registration is due to expire, but the provincial head of social development may allow a late application on good cause shown.
The provincial head of social development must renew the registration of a dropin centre before the expiration thereof if the application for renewal was lodged at least 90 days before the registration was due to expire as contemplated in subsection (3).
A person unsuitable to work with children is not a fit and proper person to operate or assist in operating a drop-in centre.
The provincial head of social development must consider a report of a social service professional before deciding an application for registration, conditional registration or renewal of registration.
Notwithstanding the provisions of section 215 (3) a provincial head of social development may assist the person or organisation operating a drop-in centre to comply with the prescribed national norms and standards contemplated in section 216 and such other requirements as may be prescribed.
a person who is not a fit and proper person to assist in operating a drop-in centre is employed at or engaged in operating the drop-in centre.
suspend the cancellation for a period to allow the registration holder to correct the cause of the cancellation; and reinstate the registration if the registration holder corrects the cause of the cancellation within that period.
A person or organisation operating an unregistered drop-in centre and who is instructed in terms of subsection (1) (a) (ii) to apply for registration within a specified period may, despite the provisions of section 217 regarding the establishment of drop-in centres, be given permission by the provincial head of social development to continue operating the drop-in centre during that period and, if that person or organisation applies for registration, until that application has been finalised.
The Director-General or the provincial head of social development may apply to the High Court for an order to instruct a drop-in centre, whether registered or not, to stop operating that centre.
The High Court may grant an order for costs against the owner or manager of the drop-in centre referred to in subsection (3) if so requested by the Director-General or provincial head of social development.
conduct regular inspections of drop-in centres in the province in collaboration with the municipality where the drop-in centres are situated to enforce the provisions of this Act.
confirm, vary or revoke any decision taken in consequence of a delegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision; and at any time withdraw a delegation.
amend the written agreement contemplated in subsection (1); or withdraw the assignment of the functions.
If a child is seriously injured or abused while in a drop-in centre or following an occurrence at a drop-in centre, the person operating the drop-in centre or a person employed at the drop-in centre must immediately report such injury or abuse to the provincial head of social development, who must cause an investigation into the circumstances of the serious injury or abuse to be conducted.
A welfare organisation referred to in section 107 which was lawfully engaged in providing adoption services when this section took effect may, despite the provisions of subsection (1), continue with such services for a period of two years without being accredited in terms of section 251 to provide adoption services, but must within that period apply for such accreditation in terms of section 251.
in terms of section 171 transferring a child in alternative care;'.
5 Amends Chapter 7 of the Children's Act 38 of 2005 , as follows: paragraph (a) inserts Part 1 (sections 104 to 110 inclusive); paragraph (b) substitutes section 134 (3); and paragraph (c) inserts Part 4 (sections 135 to 141 inclusive).
7 Inserts Chapter 8 (sections 143 to 149 inclusive) in the Children's Act 38 of 2005.
9 Amends section 156 (1) of the Children's Act 38 of 2005 by inserting paragraph (f).
12 Amends section 304 (3) (a) of the Children's Act 38 of 2005 by inserting subparagraphs (i) and (ii).
This Act is called the Children's Amendment Act, 2007, and takes effect on a date fixed by the President by proclamation in the Gazette.
Government Communication and Information System (GCIS) office in North West Province coordinated the Excellent Customer Care training for service providers based at Thusong Service Centres in Bojanala and Dr Kenneth Kaunda district municipalities recently.
His sentiments were echoed by Daniel Sefike, an official from South African Security Service Agency (SASSA) in Brits: "It is a revival course which aims at remind us about our mandate when we deliver services to our clients. Now we know what to do when we provide service to members of the community and I think this training should also be extended to all officials in the public service or other government departments."
In her closing remarks, Ms Gale Diokana who represented GCIS in North West Province thanked all the officials who left their families behind in order to attend the training and also wished them all the best as they go back to their area of operation to implement skills and knowledge which they learnt during the training.
The 16 Days of Activism Campaign on No Violence against Women is an international initiative endorsed by United Nations. This campaign focuses primarily on generating an increased awareness of the negative impact of violence on women and children as well as society as a whole.
The launch will be led by the Minister of Women, Children and Persons with Disabilities, Ms Lulu Xingwana supported by Ministers in the Social and Justice, Crime Prevention and Security Clusters. The launch will also be attended by leaders of civil society organizations and senior government official.
How many (a) public schools as defined in the SA Schools Act, Act 84 of 1996 and (b) public further education and training (FET) institutions as defined by the Further Education and Training Act, Act 98 of 1998 benefited (i) in 2006, (ii) in 2007 and (iii) during the period 1 January 2008 up to the latest specified date for which information is available from the e-rate as contained in section 73 of the Electronic Communications Act, Act 36 of 2005 NW2644?
There are 9 FET colleges in KwaZulu-Natal (Coastal, Esayidi, Mnambithi, Mthashana, Majuba, Thekwini, Umgungundhlovu, Elangeni, Richtek FET colleges) and 1 in the Eastern Cape (Port Elizabeth FET College) benefitting from the e-rate in 2008.
Minister for Agriculture and Land Affairs, Ms Thoko Didiza, welcomed the outcome of the budget vote. More importantly, she welcomed the diesel rebate announced in the budget. The other important element of the speech was the recognition of the importance of land ownership and agricultural development for people who were previously excluded.
URL: http://www.info.gov.za/speeches/2001/010223945a1004.
The role of this directorate is to ensure representative environmental governance, conduct environmental education and awareness and ensure implementation of multilateral environment agreements. The Environmental Advisory Board is represented by conservancies, the hunting industry, traditional leaders and NGO's who advice on environmental issues for a period of two years.
This directorate conducts the annual Cleanest Town Competition now known as the Greenest Municipality Competition, Limpopo Schools State of the Environment Report competition and Clean Up campaigns.
<fn>GOV-ZA.2005040401En.2012-02-10.en.txt</fn>
Barclays has applied for regulatory approval, in terms of section 37 of the Banks Act, to acquire a majority shareholding, of more than 49 per cent but less than 74 per cent, of ABSA ("the proposed transaction"). Such a transaction requires the consent of the Minister of Finance ("Minister"). The Minister, in granting such approval, must be satisfied that the proposed acquisition will not be contrary to public interest, as well as the interests of the depositors, bank, and controlling company involved.
Pursuant to the receipt of the recommendations of the Registrar of Banks and the Competition Commission, the Minister has considered material aspects of the proposed transaction.
Acting on this, the Minister hosted a meeting this morning attended by the Governor of the South African Reserve Bank and representatives of ABSA and Barclays.
The meeting was exploratory and the outcome non-binding in nature. The discussions included an evaluation of conditions under which such an acquisition may be permitted, taking into account the requirements of the Banks Act, ongoing maintenance of the soundness of the South African financial system and prevailing policy objectives.
The parties regard these discussions as having afforded an opportunity, without prejudice to the position of the applicant or that of the regulatory authority, to assist the respective boards of Barclays and ABSA to give further consideration to the matter.
No decision regarding regulatory approval will be made until such time as the representatives of ABSA and Barclays have reverted to the Minister on these matters.
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The Minister of Finance, Mr Trevor A Manuel, MP, together with the Provincial Treasury MEC from Limpopo Ms Joyce Mashamba will be addressing high school learners from various schools in Limpopo in an interactive session about the 2005 National and Provincial budgets.
Minister Manuel will also be joining the Commissioner of SARS Mr Pravin Gordhan on a walkabout to small businesses in Limpopo on the same day. The aim of the walkabout is to gain practical understanding of the small business environment in the Province.
This is part of Government's Imbizo Focus Week, which commences on 7 April 2005.
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I am delighted that you have chosen Johannesburg, eGoli, our "city of gold", as the venue of your first meeting for African financial professionals, and I am particularly pleased that you have chosen a topic and a conference programme that is so apposite for our times.
Africa faces huge challenges.
If we are to meet these challenges - in promoting peace and security, in building democratic institutions, expanding trade and industrial investment, building modern transport and communications networks, deepening our financial systems - we need to learn from international experience, we need to understand international standards, we need to adapt these to our context, we need to have realistic and wellsequenced programmes for implementing change and managing accompanying risks.
Your conference programme focuses on one set of challenges for our continent - how to address the capital adequacy and related standards of Basel II, how to implement critical risk management issues and how to develop appropriate regulatory capacity. This is a profoundly important agenda, one which has exercised some of the finest minds in our finance ministries and central banks for several years, and which we know calls for a step-by-step programme of reform over many years to come. It is reassuring, but also a little alarming, to know that there are still gaps in this fabric even in the leading centres of global finance.
In welcoming you to South Africa, I'd like to share a few thoughts on the wider economic growth and development challenge before us, and before the African continent, and perhaps suggest some dilemmas for managing financial sector reform in our context. You will appreciate that we are interested in the health of our banks, not just out of sympathy for the wellbeing of financial institutions themselves, or even their shareholders, important as these interests might be, but because healthy banks have a part to play in the robustness of the broader economic and development outlook.
South Africa has earned a reputation for sound monetary and fiscal management and a progressive opening up of its financial markets, within a prudent regulatory regime.
A decade ago, it was clear what had to be done macroeconomically. We had to stabilize the fiscal balances, we had to dismantle the exchange controls and trade barriers of an over-protected siege economy, we had to steady the inflation trajectory, we had to redirect public spending towards investment in skills and redressing the distortions of racially skewed social services, we had to reverse the decline in infrastructure investment. There were varying opinions on the details of the macroeconomic framework and of course there were those who regarded the whole strategy as distastefully Washingtonian. But in retrospect these were the right things to do: and by 2001 we were able to adopt an expansionary and pro-growth fiscal stance, in a context of renewed business confidence, a declining debt-GDP ratio, moderate inflation and a healthy balance of payments.
For the decade ahead, these foundations will remain in place - an open economy, competitive markets, a sustainable deficit, a broadbased tax structure, spending plans informed by transparent social and economic policies. But nobody actually lives in the mythical "fundamentals" of financial analysts and commentators. The habitable structure is what counts, even if the foundations need reinforcement from time to time. The construction project now under way involves design and engineering challenges of considerable complexity, addressing microeconomic reform challenges, enhancing the institutions and culture of government activities, addressing qualitative as much as quantitative dimensions, and yielding returns progressively over many years to come.
Let me give four examples.
First, there is the challenge of reconstructing the urban landscape. As many of you will know, there is a long history of geographic fragmentation and spatial irrationality to overcome in the South African physical landscape. The dynamics of urban conglomeration, how cities evolve over time, are hugely important for both the efficiency and competitiveness of economies and the quality and character of ordinary people's lives.
We have to build transport networks that are safe and convenient and efficient. We have to arrest the decay of inner cities and accommodate more diverse kinds of trade and commerce. We have to promote job creation near the places where people live. We have to extend access to water, sanitation and affordable electricity, and give greater momentum to both the pace and quality of housing construction.
Over the past decade we have steadily stepped up the flow of resources to support municipal infrastructure investment and services. Progress in building houses, connecting water pipes, installing electricity and improving roads and sewerage systems has broadly kept ahead of a comparatively rapid growth in household formation, but there is still a long way to go.
There are immense investments required to make an integrated urban landscape a reality. There are public infrastructure requirements, but there is also a large opportunity for private investment in housing improvements, commercial and office space, industrial and recreational facilities. This is what the Financial Sector Charter refers to as "transformational infrastructure" - investment that changes the quality of ordinary people's lives. For municipalities, the regulatory environment has to be reformed in important respects, and there are still planning gaps. You can't expect private investors to make transformational investments if they don't yet know where the high street is. But the reconstruction of our cities is a joint responsibility, and the role of private finance is recognized in our new Municipal Finance Management Act. In South Africa - and elsewhere in Africa - it is imperative that the structure of both public and private investment in the infrastructure of our cities should deepen considerably over the years ahead.
We are steadily addressing a portfolio of some 75 000 land restitution claims, and the 2005 Budget provides for a significant rise in allocations for this programme over the next three years. A new grant to provinces has been introduced to strengthen agricultural support to emerging farmers, so that as the longer term land reform programme gathers momentum it will be complemented by appropriate interventions to maintain farm output and improve productivity. The Land Bank is increasingly active in extending credit to black farmers and supporting a more diverse client base.
What are the financial implications Land redistribution will continue to be a significant budget commitment for many years, but as we move beyond the restitution phase the fiscal contribution will increasingly need to be complemented by self-financing arrangements, while remaining within realistic limits in the inherently risk-prone agricultural debt environment. Again, I believe that the years ahead will see significant shifts in the balance and depth of both public and private sector financing of rural and agricultural development. Farming today is a comparatively capital-intensive industry - measured in terms of value-added, more capital intensive than either manufacturing or construction. But it is also a source of livelihood of proportionately large numbers of people, and agricultural productivity influences trends in food prices, which in turn influence everybody's cost of living. Creating healthy structures in land and farming debt markets, supported by appropriate risk-mitigation, need not loom large in the overall public finances, but it will be an important, growth- and equity-enhancing, area of reform?
Thirdly, a few remarks on financing infrastructure investment and restructuring of state-owned enterprises.
Our expectation is that general government fixed capital formation will grow by about 7 per cent a year in real terms over the next three years, while investment by public corporations, which has expanded by over 10 per cent a year since 2002, will continue to increase strongly. Having spent about R38 billion on freight rail infrastructure, rolling stock and ports over the past decade, Transnet expects to invest more than R40 billion over the next five years. Eskom has begun its recommissioning of mothballed coal-fired power plants, and will continue its expansion and strengthening of transmission networks. Drawing in part on experience gained in financing and managing the international partnership through which the Lesotho Highlands Water Project was completed, several important investments in water resource infrastructure over the next few years will be undertaken as ring-fenced self-financing projects. The first of these, involving a new dam on the Berg River, will bring a muchneeded supplement to the Western Cape water supply system. Design work is near completion for major water projects in the Mpumalanga and Limpopo provinces.
For the next three years, we anticipate a widening of public sector borrowing from under 1 per cent of GDP in 2002 to about 4 per cent over the next three years, and interest on public debt will stabilize at about 4,5 per cent of GDP.
For the public finances, over the next decade, a substantial expansion in capital formation is a requirement for more rapid growth and development, and will in turn require innovative and wellconsidered financing strategies.
Fourthly, we need to reflect on the challenge of deepening social security and income protection.
Reform of the retirement funding environment, improved compensation for work-related injuries or death, reform of the structure of compensation for victims of road accidents, financing unemployment benefits and further evolution of the health insurance environment are separate, but related, elements of our social security reform challenge. Getting these reforms right, and implementing reform initiatives in the right order and within an appropriate and affordable financing framework, are formidable tasks.
The initiative taken by our major banks, in keeping with a core Financial Sector Charter commitment, to make banking affordable and accessible to all South Africans, has quite rightly been prioritized as one of the first steps on the road to broadening and deepening income security to all. By extending basic banking facilities to all, opportunities are broadened and costs are reduced for so many other kinds of income support and social assurance arrangements.
Social progress has to be measured decade by decade, generation by generation. And it is because of its contribution to progress over this time line that we chose, a decade ago, to put our fiscal policy stance and budget framework on a sound and sustainable platform.
For the decade ahead, accelerating the pace of growth of the economy, and in particular the rate of investment in productive capacity, and promoting opportunities for participation of marginalized communities in economic activity, and improving the quality of livelihoods of the poor, are amongst the central challenges against which we will measure progress and the quality of public policy.
All of these broad strategic policy challenges involve important kinds of cooperation and partnership between the public and private sectors. It is the combination of targeted public spending and expanding market-based opportunities that opens real opportunities for accelerating the pace of social and economic development in the decade ahead. Our Financial Sector Charter provides a framework within which substantial capital resources of the banking sector and other financial institutions will be mobilized in pursuit of public policy purposes.
The dilemma I would like to leave with you is simply this. The kind of partnership that I have sketched, relies in part on tough, detailed, contractual commitments - the kind of business in which bankers are on comfortable turf. But it also rests on a underlying relations of trust, a shared vision, a common platform of hope. This is not easily quantified and measured, it is not easily itemized on the agenda of a risk management committee.
In framing our capital adequacy requirements, and in building robust risk management institutions and regulatory procedures, there needs to be room also for our shared vision, our common purpose, and a platform of hope on which we agree to work together despite the uncertainties before us.
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The National Treasury would like to announce that it has reviewed its funding strategy. This is in light of the stronger fiscal stance as a result of revenue overruns.
Consequently, the Republic will no longer issue foreign-currency denominated debt in 2005 as announced in the 2005 Budget Review.
However, the borrowing requirement on the domestic market remains unchanged.
Should you require further information please contact Phakamani Hadebe on 012 315 5486.
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Over the last 20 years, vast regions of the developing world have negotiated the perils of globalization to reap its attendant benefits. Technological advance, the growth of new industries, and a new way of thinking about government policies has resulted in a steady rise in economic growth rates and decline in poverty. The Millennium Development Goals, which the international community has set as a measure of our progress in economic development, will be reviewed later this year. Much of the world has progressed. Africa, however, has made only halting advances.
Many of Africa's advances are significant, and we have every reason to be proud of them. The development of our collective institutions, especially the African Union and NEPAD, has been robust. We are strengthening our regional economic institutions to fulfil the role assigned to them in the New Partnership for Africa's Development (NEPAD) and by the African Union. The macroeconomic environment of the continent is far more stable. We have fewer civil and political conflicts and more stable political systems than ever before.
But the Millennium Development Goals remain a distant dream, and it is to this dream that we must now address ourselves.
The risks of not succeeding in achieving the MDGs are substantial - economic and environmental sustainability depend on our people not having to destroy natural resources to survive. Governments that are unable to deliver growth and poverty reduction may be undermined by discontent.
The time is ripe for change. Acting together we have the power to shape history. To do nothing would be intolerable. To do something is not enough. To do everything we can is our clear duty.
Africa needs a "big push" - a coordinated and interdependent set of actions taken by us as African governments, from our private sectors, and from our development partners. Now is the time to act.
Heads of State will meet in September at the UN Summit and Africa will feature strongly on the agenda of the Gleneagles Summit in July.
Africa's 'big push' must address our particular economic circumstances, our history and our geography.
15 of 53 African economies are landlocked. To this day, infrastructure networks service colonial-era trading relationships rather than the needs of diversified industries catering primarily to domestic markets. The railways and roads put in place in colonial times were primarily designed to transport minerals and other raw materials from the African interior to its ports for shipping to Europe. They were not designed to join one part of the continent to another or generate more links to the East.
local, national, or international - are today around twice as high as those for a typical Asian country. Shipping a car from Japan to Abidjan costs $1,500, whereas moving it from Abidjan to Addis Ababa costs $5,000.
Many modern African states lack any natural geographic, ethnic, political or economic coherence.
In addition to the need for economic diversification, Africa's economies must expand financial, health and education services beyond a narrow circle of elites - average government expenditure and revenue in Africa is 24 percent of GDP - half that of developed economies.
The Commission for Africa recommendations constitute a massive yet practical investment programme twinned with a series of reforms to governance, policies and institutions.
A recent World Bank research paper estimates that sub-Saharan African needs to spend around 5 per cent of its GDP between 2005 and 2015 on infrastructure investments and a further 4 per cent on operations and maintenance. This means additional expenditure in the order of US$20 billion a year.
These investments should support the regional, national, urban and rural priorities identified by AU/NEPAD, the Regional Economic Communities (RECs), national governments, local authorities and municipalities, the private sector and poor people - and should avoid funding prestige projects that have so often turned into white elephants in the past. A significant part of the additional funding will need to be invested in improving the capacity of the public sector (at regional, national and municipal levels).
Investment and public sector reforms will, however, remain necessary but insufficient to achieve Africa's economic renaissance. At the end of the day, renewal must arise from the rebirth of our people, our societies and our culture, because these determine our ability to engage in the economic life of the global community in which we inextricably reside.
The vicious circle that we face in this area is especially difficult to address. Low skills levels lead to low levels of labour absorption, low productivity growth and low incomes. That economic dynamic in turn feeds into deep social malignancies, poor health, and entrenched poverty. Our children come to poorly resourced education systems without the energy to learn. The social system reinforces the economic system, and grinding poverty, illiteracy and disease are the outcomes.
Obviously we need to break that system or vicious circle - the only question is how. Other regions of the world provide some lessons about the scale of change that is required.
Africa's population is about 800 million. Of that 800 million, 75 percent or 600 million live on US$2 per day or less. If we assume that an additional 75 percent of the rest live on income between US$2 and US$6 per day, that is a further 150 million people with about 50 million that might be categorized as upper middle and working class - although obviously this is a generous assumption. Compare Africa's 50 million with annual job creation in China of 24 million. Or, compare it to the approximately 400 million counted in India's middle class.
Exceptional growth in job creation and the resulting rise in income leads to a rapid reduction in poverty and economic growth. As people get wealthier, demand for goods and services increases, which results in growth in the size of markets, and the public resources available to ensure that the education system can sustain economic development.
So our challenge is in part one of improving education systems and associated social policies that assist students to learn. But it is also about reaping the rewards of more rapid economic growth and labour absorption itself - not least because the two reinforce and sustain growth in the other.
Research by the Financial Mail in 2004 shows that almost 300 000 black South Africans have become middle-income earners over the last three years. Another 500 000 raised their status to the lower middle-income group.
Another recent study, this time conducted by Unisa's Bureau for Market Research (BMR), picked up similar trends.1 The BMR's household expenditure survey found that the highest percentage increases in household expenditure by black consumers between 1993 and 2003 were on education (up 21.4% per year) and domestic workers (up 23.4% per year).
If African governments do nothing, the reality is that people will move to where they perceive job creation and income to be. Migration worsens the developmental challenges of the regions people move from by reducing the skills and income base.
1 According to the BMR, although 95% of the poorest 20% of all households in the country are black, 38% of the top-earning 20% of households are also black. Data from Saarf also shows that the number of black people in the LSM 10 (R18 649 per month) bracket has more than doubled to 6.
2 Recent research (Overseas Development Institute project on Inequality in Middle Income countries - study of China, Brazil and South Africa 2003) indicates a fall in income inequality: South Africa GINI coefficient: 0.67 (1991); 0.56 (1995); 0.57 (2000).
The Commission for Africa noted that many educated Africans have over the years quit their homelands because they are frustrated at not being able to put their skills to good use. They can also earn more and have a better life elsewhere. 60% of a cohort of Ghanaian medical graduates between 1986 and 1995 work outside the country. Zambia has lost all but 400 of its 1,600 doctors in recent years.
A study by the World Bank finds that some 70,000 highly qualified African scholars and experts leave their home countries every year to work abroad, often in more developed countries.3 The problem of recruiting, retaining and motivating qualified staff is especially acute in the public sector. Africa spends an estimated US$4billion annually on recruiting some 100,000 skilled expatriates to replace the many African professionals or managers with internationally marketable skills who have found the lure of emigration too strong.
The migration problem is merely a symptom of Africa's economic development challenge and a suggestion of its magnitude.
Our AU Declaration on Employment and Poverty Alleviation in Africa goes far in identifying the actions needed to address the migration and underdevelopment challenges we face.5 The means for further developing plans for the priority and actions, and plans for implementing them, are required. And while this can be usefully approached from a regional and continental perspective - indeed it needs to be - we must also recognize that such efforts will only succeed if we make progress at the national level - through our national development plans and public expenditure frameworks.
And it is at that national level, that it seems important to me that we think about the role of ministers of labour, social development, and even finance.
3 World Bank, 2002 in International Development Select Committee, 2004.
4 World Bank, cited in International Organization on Migration, 2003.
5 Declaration on Employment and Poverty Alleviation in Africa, 8-9 September 2004, Burkina Faso.
society-wide development of skills, which in turn supports the creation of employment. The system of labour rights and regulations, in turn, should help to define what society needs from the education system, such that the system of education, skills development, employment creation and labour regulations and rights sustains itself, economic growth and poverty reduction.
Part of the difficulty many of us face in our societies is that too often, each of those are seen as stand-alone areas of public policy - rather than as components of a larger system that has upstream and downstream elements that seek to achieve a socially-necessary goal in a consistent way.
To take one example, it is not sufficient for us as governments to only consider the importance of labour rights. For one thing because labour rights themselves do not translate into any particular level of income or productivity, but rather enable a framework of regulation and negotiation that can over time achieve better distribution and stability of income. From that perspective, labour rights and labour regulation are two different but interdependent things. They both, however, need to reflect the broader system of education, skills development, and employment creation - and how these fit into the investment climate. If they do not do so, then they run the risk of being inconsistent with other elements of the endeavour to reduce poverty and achieve the MDGs.
We need to look at the appropriateness of education, especially maths and science, in terms of a demand analysis we need to link this to skills development. We need a new investment in African universities. Without the appropriate skills base we cannot improve the investment climate and attract the necessary skills to support private sector investment and employment creation.
I trust that we can identify the sets of actions for ministers of labour and social development to support the broader agenda of Africa's economic and social renaissance. This is Africa's moment of opportunity, we cannot let it pass.
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It is truly great to join with the people of the Northern Cape in this wonderful celebration. Eleven years of democracy is well worth celebrating. Eleven years of continuous achievement is a great opportunity for a huge celebration. So today, it is our duty and our responsibility to celebrate as only the Northern Cape can.
But in celebrating, we cannot ever allow any person to disrespect this day. For to disrespect Freedom Day is to disrespect our freedom. To disrespect our freedom is to disrespect the struggle which was a long, long sacrifice for so many South Africans. Too many of whom died before they saw freedom. Yesterday, President Mbeki recognized the contribution of a number of those martyrs. He also used the opportunity to give awards to many whose lives have been in struggle - many of them are well into their seventies, but they never faulted in providing dedication, leadership and service, asking for nothing other than the opportunity to serve. What distinguishes all of those whom the President recognized yesterday is that they amassed no personal wealth, except the experience of struggle. Their lives and sacrifices have won our freedom.
So yes, we honour them and celebrate them, but we must also celebrate our achievements, our present and our collective future. Yes, we have much to celebrate.
For us, democracy did not arrive one fine day in 1994. Nor did it arrive with the unbanning of our movement in 1990. Our democracy was considered by our forebears in the ANC as long ago as 1936, in a document entitled the African Claims. This process was taken forward in 1955 with the adoption of the Freedom Charter, which for fifty years has lit our path to the future. So, today, we celebrate that guidance.
Understanding this means that we must always ask what the real meaning of our freedom is. Our long and hard struggle, the clear vision could never be merely about the right to vote every five years. Our freedom is for a democracy which touches the lives of all South Africans. Our freedom is premised on policies that must unapologetically seek to improve on the lives of the poorest South Africans.
Voting every five years for National and Provincial Government, and for some years in between for Local Government is very important. Voting is the peaceful means to put into office those who carry our hopes and dreams, those who are empowered to take the correct decisions about our lives and those who must be accountable to all South Africans.
But merely voting every five years in insufficient to bring democracy. We need policies and measures to alter the course of history to favour the poor and the historically disadvantaged. And we need good governance to effect the changes.
Water always flows downhill, and, in life, opportunities tend to flow towards those who already have. If you need to get water to the poor who live uphill, then you must put in place special measures to pump the water there. Similarly, if we want to ensure that the opportunities don't favour those who already benefited from apartheid, then we must put in place special measures to ensure that the opportunities are pumped to where the disadvantaged are. And, we should never apologise for seeking to reverse the course of history - as long as we are clear about our intent and accountable in our actions, our freedom places truth on our side.
Now, when we talk of opportunities, it includes business opportunities, but the larger challenges are outside of business. The opportunities we speak of are those which need to arise in the everyday lives of our people. Our freedom asks of us to reverse the misfortune that the children of poor parents are born into. Our freedom asks of us to break the cycle of poverty and underdevelopment. When our freedom asks that, we have to deliver.
It is for this reason that we can and must look back on eleven years of solid achievement. The world marvels at just how much we have already done. But we cannot afford to be arrogant - we must always be our own conscience of what remains undone - and on Freedom Day, recommit ourselves to work even harder.
The primary cause for harder work is our people - those who have yet to benefit fully from democracy. But, there are also millions of poor people around the world who look to us - all of us as South Africans, to help from the depths of poverty that surround them. This is one of the reasons that President Mbeki, Deputy President Zuma and so many Ministers have to constantly travel to some of the world's poorest countries to encourage their struggles for peace and democracy and their struggles against poverty and despair. We have that task of leadership foist upon us.
Our young democracy has achieved so much because we have strong policies and a government with great commitment to our people. We have achieved so much because we believe fundamentally in a government that is focused on development. But, we believe, as fervently, that we will do more if all of our people are as committed and as actively engaged.
Last year, we asked for your vote to establish a People's Contract. This year, we return to you and ask for a strengthening of your side of that contract. An active government and a passive people do not produce a dynamic democracy.
We are only too aware that our work does not reach far enough. We are very conscious of the pockets of poverty and hunger in every township and rural area. We are alive to the fact that we are losing too many of our youth to the evils of drugs and gangsterism. And we desperately want to change all of this soonest. But we cannot do it alone. We desperately need the active participation of well organized communities to drive the changes. This is the partnership. This is the People's Contract. For us, it was a statement of beliefs and not merely a votecatcher last year.
So I ask each one of you to commit to Freedom. I ask each of you to commit of your time and energy. I ask each one you to make the contract work. I ask each one you to ensure that our twelfth year of Freedom will be even better than the previous eleven. I ask each one you to celebrate this, our Freedom Day, with respect.
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Sales of the RSA Government Retail Bond have reached R 1,333 billion since it's launch in May 2004. R721 million has been invested in the 2-year bond, R193 million in the 3year bond and R378 million has been invested in the 5-year bond. 16 513 people have invested with a total of 24 210 investments.
The interest rates are determined by interpolating the equivalent yields of the 2-year, 3year and 5-year Government Bonds.
The interest rates are determined on the last business day of the month (29 April 2005) and are applicable from 1 May 2005 until 31 May 2005.
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The Ministers and their senior officials met in Pretoria today to foster a closer working relationship between the two countries. The Ministers acknowledged that although the two economies differ vastly in relation to their GDP per capita, they are inextricably linked, hence the need to collaborate closely for the realisation of economic growth and poverty reduction.
Agreement was reached pertaining to the importance of a closer working relationship between the revenue agencies. The agencies will be encouraged to ensure more effective and efficient border control. The sharing of information between the respective customs and relevant officials would be strengthened through synergy and automation of cross border systems.
The Ministers agreed to cooperate on and strengthen measures to counter money laundering in compliance with international standards. Closer coordination of the banking sectors, with specific emphasis on an electronic payment clearance system would be fostered.
The meeting agreed to encourage closer cooperation in order to facilitate investment and trade between South Africa and Lesotho. This could be facilitated through joint research and analysis in relevant sectors.
The areas identified for closer cooperation include fiscal decentralisation, coordination on budget and fiscal analysis and public private partnerships, which will be discussed in more detail between the relevant technical experts. A plan of action including capacity building will be developed and submitted to the Economic Cluster of the Joint Bilateral Coordination Commission (JBCC) for perusal and support.
Feedback on progress made will be given at the next senior official meeting of the JBCC later this year. The Ministers also agreed to regular meetings to monitor progress.
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The Primary Dealers in Government Bonds of the Republic of South Africa are required to provide constant liquidity to the secondary market by quoting, on demand, continuous and effective two-way prices at which they stand committed to deal, in 10 million lots of the Government benchmark bonds with a minimum total nominal outstanding amount of R10 billion.
The Government benchmark bond, the R204 (2018: 8,00%) has reached the minimum requirement of R10 billion. Consequently, the Primary Dealers are obliged to make market in the R204 as required by the Rules in Respect of the Primary Dealers in Government Bonds of the Republic of South Africa.
The R204 may be quoted at nominal minimum amounts of R10 million between Primary Dealers as well as other market participants, at the maximum bid-offer spread of 10 basis points, as from 4 May 2005.
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Barclays has applied for regulatory approval, in terms of section 37 of the Banks Act, 1990 (Act No. 94 of 1990) ("Banks Act"), to acquire a majority shareholding, of more than 49 per cent but less than 74 per cent, of ABSA.
Section 37 of the Banks Act requires the consent of the Minister of Finance ("Minister") for such a transaction. Such consent shall not be granted unless the Minister is satisfied that the proposed acquisition will not be contrary to public interest, as well as the interests of the depositors, bank, and controlling company involved.
Pursuant to the receipt of the recommendations of the Registrar of Banks and the Competition Commission, the Minister has given careful consideration to the proposed transaction.
The acquisition by Barclays of a majority shareholding in ABSA, if approved by shareholders, will represent the single biggest foreign direct investment in South Africa since the 1994 elections. As such, it is a vote of confidence in the country's significant political, economic and social progress over the past decade.
The introduction of Barclays as a committed long-term partner for ABSA has the potential to further enhance ABSA's expertise, skills and technology in the provision of financial services.
Barclays has also stated its intention to enhance competition by developing access to banking services in South Africa amongst the historically underbanked low-income sector. Barclays has committed to match or exceed the broad-based black economic empowerment targets set for ABSA in terms of the Financial Sector Charter.
Furthermore, majority ownership of ABSA by Barclays has the potential to strengthen the South African banking system by bringing substantial resources to bear in maintaining the sound financial position of ABSA.
The proposed transaction represents the first majority shareholding by a foreign bank in a large South African bank. Internationally, the potential benefits and risks of foreign ownership of large systemic banks have received much attention. It is clear that the participation of foreign banks can strengthen a country's banking system, provided that a sufficient level of comfort can be provided in terms of supervisory arrangements and national interest objectives.
A number of conditions of approval have been communicated to Barclays, taking into account the requirements of the Banks Act, ongoing maintenance of the soundness of the South African financial system and prevailing policy objectives. Barclays has communicated its unequivocal agreement with these conditions and a commitment to a long-term partnership with ABSA.
Barclays has confirmed its intention for ABSA to maintain best practice corporate governance standards and a close ongoing relationship with ABSA's regulators. Lead regulatory authority in respect of ABSA shall remain with the SARB. Barclays shall furthermore furnish the SARB with a letter of comfort committing itself to maintain the financial soundness of ABSA and unequivocally accepting the authority of the Office of the Registrar of Banks and the conditions applicable thereto.
Barclays and ABSA have confirmed their commitment to match or exceed all appropriate broad-based black economic empowerment targets contained in the Financial Sector Charter.
Barclays shall maintain a South African character in terms of ABSA's management and board make-up, in the sense that the Chief Executive Officer of ABSA and the majority of the executive management team of ABSA shall be South African citizens, based locally. ABSA shall remain a South African incorporated company with its primary listing on the JSE Securities Exchange South Africa.
Taking these factors and other issues into account, it is expected that the potential benefits of the proposed transaction will outweigh any potential risks and disadvantages.
Accordingly, after careful consideration, regulatory approval for the acquisition by Barclays of more than 49 per cent, but less than 74 per cent, of the shareholding of ABSA has been granted by the Minister in accordance with section 37(2)(a)(iii) of the Banks Act.
This approval is consistent with the existing four pillar policy in the banking sector, which states that four large banks is the minimum number necessary to ensure effective competition. The four pillar policy remains in place, with the only difference being that ABSA, as one of the four pillars, will now have a foreign majority shareholder.
Any future applications by foreign banks to acquire a majority stake in a major domestic bank would be subject to the same due process and considered on their own merits, taking into account the circumstances prevailing at that time.
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Enquiries: Ismail Momoniat Tel: 012 315 5165 Cell: 083 378 0333 e-mail: Ismail. Momoniat@treasury.gov.
The fourth quarter national and provincial budget statement of revenue, expenditure and national borrowing report published by the National Treasury on 29 April 2005 is the first estimate of spending outcomes for the 2004/05 financial year, from 1 April 2004 to 31 March 2005. These figures will be revised as national and provincial departments finalise (and reconcile) their financial statements by 31 May 2005 for submission to the Auditor-General.
Consolidated national and provincial preliminary outcomes for 2004/05 2.1.1. Consolidated receipts amounted to R353,5 billion in 2004/05 compared to the adjusted budget of R333,4 billion published in the October 2004 Medium Term Budget Policy Statement.
Consolidated national and provincial payments (including national transfers to municipalities) amounted to R371,7 billion or 97,8 per cent of the adjusted budget, resulting in a consolidated deficit of 18,2 billion or 1,3 per cent of GDP. After taking into account extra-ordinary receipts and payments the financing requirement amounted to R25,5 billion, which is R26,2 billion lower than the October 2004 estimate of R51,7 billion.
Total national and provincial spending recorded 97,8 per cent of their consolidated adjusted budgets in 2004/05, with national departments spending R149,9 billion of their R153,5 billion adjusted budget (excluding statutory funds). Provinces have spent R188,8 billion of their adjusted budget of R193,6 billion in 2004/05.
It should be noted that the balance of 2,2 per cent not spent should not be regarded as underspending, as it comprises both savings, non-transfer of funds and underspending - the exact breakdown of which can only be determined once all departments finalise their annual financial statements, and report on the reasons for the amounts not spent from their budgets.
GDP 951 682 1 047 992 1 193 771 1 277 029 1 403 851 1 403 851 1 403 851 1.
National departments spent R149,9 billion (97,6 per cent) of their R153,3 billion adjusted budget (excluding statutory funds). No national department materially overspent its budget.
Underspending on capital amounted to 2 per cent of the October 2004 estimate, which is a marked improvement from previous years. Capital spending increased by 9,5 per cent in real terms from 2003/04.
Some of the underspending in national departments is due to withholding of transfers, like conditional grants (e.g. Health (R249 million) or to other funds and institutions pending negotiation of terms (e.g. National Treasury (R275 million) - such withholding is for good reason, as there is little point in making transfers to underspending provinces, municipalities or public entities.
Further savings can be attributed to external factors and improved management in national departments, mainly savings associated with the unanticipated strength of the Rand (e.g. R239 million in Foreign Affairs), savings on the implementation of IT contracts (e.g. National Treasury), savings on lower than originally anticipated arrears on municipal rates and taxes (e.g. R206,4 million in Public Works) and the decision to replace the 2006 census with a lower-cost sample survey (e.g. Statistics SA).
Other than these savings, other departments with large amounts not spent on the national budget were Correctional Services (R431,1 million), Home Affairs (R390,6 million), largely attributable to delays in capital, HANIS or filling of personnel vacancies.
Provinces have spent R188,8 billion (97,6 per cent) of their adjusted budget of R193,6 billion in 2004/05. This represents a significant spending increase year-onyear of R18,2 billion or 10,6 per cent between 2003/04 and 2004/05. Spending varies between the lowest share of 94,8 per cent in North West to the highest at 99,6 per cent in KwaZulu-Natal.
Provinces have succeeded in better controlling their budgets in 2004/05, with only four provincial departments overspending significantly compared to the 12 in the previous 2003/04 financial year. However, 26 provincial departments significantly underspent their adjusted budgets by more than 10 per cent. Eight of the nine provinces had at least two such underspending departments.
Social development budgets have stabilised in 6 provinces, and in aggregate, provinces spent close to budget at 100,3 per cent or R50,8 billion of their R50,7 billion adjusted budget. This represents a massive increase of R8,7 billion or 20,6 per cent over the previous financial year, and is now the second biggest item on provincial budgets. However, three provinces still overspent their budgets, with the most significant in KwaZulu-Natal (by R504,9 million or 104,6 per cent), and less significantly in Eastern Cape (R114,3 million) and Gauteng (R34 million).
Education expenditure totalled R64,4 billion or 98 per cent of the R65,7 billion total adjusted budget for education, and remains the largest item on provincial budgets. The spending pattern reflects a R4,9 billion or 8,2 per cent increase compared with spending in 2003/04.
Health expenditure totalled R40,3 billion or 98,6 per cent, which is R2,7 billion higher compared with the previous financial year.
The biggest underspending problem in provinces is on capital, as provinces did not spend R1,9 billion of their R12 billion adjusted capital budget, spending only 84,5 per cent of their adjusted budget or R10,1 billion. This is still an improvement of 13 per cent over the previous financial year, exceeding the R9 billion spent in that year by R1,2 billion.
The poorest performing provinces on capital spending were Mpumalanga (66,1 per cent), North West (70,6 per cent), Northern Cape (74,8 per cent), Free State (75,9 per cent) and Gauteng (84,5 per cent), The poorest performing sectors were the education and health sectors, with both spending less on capital in 2004/05 than the previous financial year.
Education provincial departments spent relatively low on capital at 78 per cent of their adjusted budget, or R2,3 billion, which is R29,8 million less than the previous year. The poorest spending on education capital was in Free State (57,8 per cent), Mpumalanga (60,1 per cent) and KwaZulu-Natal (68,3 per cent). Northern Cape (108,3 per cent) and Eastern Cape (94,1 per cent) performed the best on education capital spending.
Health was also sluggish on spending in capital at 82,6 per cent of adjusted budget, or R2,3 billion, which is R438,3 million less than the previous year. The poorest spending in health capital was in Mpumalanga (36,3 per cent) and Northern Cape (58,8 per cent) and the best in KwaZulu-Natal (103,2 per cent).
Total personnel expenditure in all nine provinces is R87,8 billion or 98,2 per cent of the R89,5 billion personnel budget. Both provincial education and health departments underspent on personnel spending in 2004/05. The reason for this in education appears to be related to the delay in implementing pay progressions and incentives for school-based educators.
Provincial own revenue collected is R6,3 billion or 118,9 per cent of the total own revenue budget of R5,3 billion. National government transferred R164,1 billion in the form of the equitable share grant and R21,1 billion in conditional grants for the 2004/05 financial year.
The analysis in this document is based on the statement of receipts and payments published by the National Treasury on 29 April 2005, and is available on the treasury website www.treasury.gov.za. The information is based on the section 40(4) PFMA reports submitted (and signed) by each head of department to their respective treasuries by 15 April 2005, and submitted to the National Treasury, in the case of provinces, by 22 April 2005. Queries on national departmental spending or conditional grants should be referred to the Director-General of that department (as accounting officer). Queries on any provincial spending or budgets should, in the first instance, also be referred to the relevant head of provincial department, and in the second instance to the head of the respective provincial treasuries.
A more detailed analysis on provincial spending is also available on the National Treasury's website under the title "Detailed analysis of the preliminary outcomes for 2004/05 provincial budgets". This release needs to be read together with the 29 April 2005 notice in the Government Gazette (which contains tables per department).
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The fourth quarter provincial budget statement of revenue and expenditure published by the National Treasury on 29 April 2005 is the first estimate of spending outcomes for the 2004/05 financial year, from 1 April 2004 to 31 March 2005. These figures will be revised as national and provincial departments finalise (and reconcile) their financial statements by 31 May 2005 for submission to the Auditor-General.
The figures in this fourth quarter report includes the additional funds totalling R4,3 billion allocated to provinces on 26 October 2004 through the national adjustments budget. Provincial budget figures are also updated for their own adjustments, including any rollovers from the previous financial year.
Table 1 below indicates that provinces have spent R188,8 billion in aggregate, or 97,6 per cent of their adjusted budgets by the end of the 2004/05 financial year. This is an increase of R18,2 billion or 10,6 per cent over the R170,7 billion spent in the previous year.
Average spending per province varies significantly, ranging from the lowest share of 94,8 per cent in North West to the highest at 99,6 per cent in KwaZulu-Natal. The preliminary figures ended with an aggregated provincial surplus1 of just under R2,6 billion, compared to the deficit of R2,5 billion in 2003/04.
1 The underspending and surplus/deficit are different concepts. Both use actual total spending (R188,8 billion), but compare it to different totals. The surplus/deficit compares spending to total actual revenue (R191,4 billion) received and collected during that financial year only, whilst underspending compares spending to total adjusted budget, which includes roll-overs from the previous financial year (R193,6 billion).
Total 119 243 989 62 336 500 11 980 481 193 560 970 116 429 883 62 279 615 10 127 188 188 836 686 97,6% 170 669 485 5. Provinces have succeeded in better controlling their budgets in 2004/05, with only four of the 117 provincial departments overspending significantly (by more than one per cent) compared to the 12 in the previous 2003/04 financial year.
However, 26 provincial departments significantly underspent their adjusted budgets by more than 10 per cent. Eight provinces had at least two such underspending departments.
It should be noted that the aggregated 2,4 per cent not spent is comprised of both savings and underspending - the exact amounts saved and underspent can only be determined once all departments finalise their annual financial statements, and report on the reasons for the amounts not spent from their budgets. For purposes of this analysis we regard actual spending less adjusted budget as a saving in the case of personnel expenditure, and as an underspending in the case of capital and other non-personnel non-capital items.
The three social services departments (education, health and social development) collectively spent R155,5 billion or 98,9 per cent of the total adjusted budget of R157,3 billion, and comprises 82,3 per cent of total provincial expenditure (Table 2). This represents an increase of R16,2 billion or 11,6 per cent against the R139,3 billion spent in the 2003/04 financial year.
Social development spent R50,8 billion or 100,3 per cent of the total adjusted budget of R50,7 billion, and comprises 26,9 per cent of total provincial expenditure (Table 3). This represents an increase of R8,7 billion or 20,6 per cent against the R42,1 billion spent in the 2003/04 financial year.
Most provinces succeeded in adjusting their budgets upwards adequately from the initial budget of R47,3 billion, in order to ensure that actual spending ended within budget.
Six provinces spent R509,2 million less than their adjusted budget, with Limpopo underspending by R134,6 million, Free State R116,8 million and North West R112 million.
Net -144 000 12. Three provinces proved not to have adjusted their social development budgets sufficiently, and overspent by a combined amount of R653,2 million, particularly in KwaZulu-Natal which overspent by R504,9 million, and to a lesser extent Eastern Cape (R114,3 million) and Gauteng (R34 million). Table 4 indicates that this is due to overspending on social grants, which is even higher, indicating that they have funded social grants from other programmes (e.g. social welfare services). KwaZulu-Natal overspent on social grants by R638 million followed by Eastern Cape at R187,2 million and Gauteng by R72,9 million.
The nine provincial education departments spent R64,4 billion or 98 per cent of the combined adjusted budget of R65,7 billion, and comprises 34,1 per cent of total provincial expenditure (Table 5). This represents an increase of R4,9 billion or 8,2 per cent against the R59,6 billion spent in the 2003/04 financial year.
The average varies greatly between provinces, from the lowest in Mpumalanga at 93,5 per cent, to the highest in Northern Cape at 99,9 per cent and KwaZulu-Natal at 99,5 per cent.
Net 1 343 584 15. The bulk of education expenditure is for personnel. Provinces spent R53,4 billion or 99 per cent of the personnel adjusted budget of almost R54 billion. Adequate provision was made for pay progression and incentives targeted at school-based educators in provincial education budgets. Most of the R527,3 million not spent on personnel is probably due to delays in paying educator progression.
Net 527 257 16. Significant underspending is recorded on the capital budgets of provincial education departments, as provinces only spent 78 per cent or R2,3 billion of their total adjusted capital budgets (Table 7 below). This is marginally lower (R29,8 million) than the spending on capital in the previous financial year. Provinces with the highest underspending education departments in capital are Free State (57,8 per cent), Mpumalanga (60,1 per cent) and KwaZulu-Natal (68,3 per cent). Northern Cape (108,3 per cent) and Eastern Cape (94,1 per cent) recorded the best spending capacity for capital in education.
Net 659 199 17.
Table 8 indicates that education departments also spent 98,2 per cent or R8,6 billion of the R8,8 billion adjusted budget on non-personnel non-capital items (e.g. learner support material like textbooks and stationery, transfers to section 21 schools, school feeding) of which more specifically spending on goods and services (mostly learner support material) is recorded at R5,5 billion or 92,4 per cent of its R5,9 billion adjusted budget. This item comprises 13,4 per cent of total provincial education expenditure, and relatively small given that it is a critical input for effective education outcomes. It is a national budget priority to increase both the level and share of this item, at a far greater rate than the 3,2 per cent growth recorded against the R8,4 billion spent in 2003/04.
Spending between provinces ranges from the lowest in Free State (85,9 per cent), Limpopo and Northern Cape at 91,8 per cent and Mpumalanga (92,8 per cent) to the highest in KwaZulu-Natal (106,8 per cent) and Eastern Cape (105,6 per cent).
Net 157 128 1 The 2003/04 outcome was adjusted by some provinces to accommodate the shift in the Integrated Nutrition Programme Conditional Grant from Health to Education.
The nine provincial health departments spent R40,3 billion or 98,6 per cent of the combined adjusted budget of R40,8 billion. This comprises 21,3 per cent of total provincial expenditure. This represents an increase of R2,7 billion or 7,1 per cent against the R37,6 billion spent in the 2003/04 financial year.
Net 574 062 20.
The Mpumalanga health department has spent the lowest share of its budget at 94,5 per cent with Northern Cape at 95,1 per cent. The highest share spent is recorded in Free State (101,4 per cent) and KwaZulu-Natal (100,8 per cent).
Table 10 below indicates that health personnel expenditure is R23,4 billion or 98,4 per cent of the adjusted health personnel budget, an increase of R2,5 billion or 11,7 per cent compared to the almost R21 billion spent in 2003/04. Two provinces (Mpumalanga and North West) recorded overspending in health personnel budgets while the remaining 7 provinces recorded a total saving of R429,7 million with Gauteng and Free State the largest at R133,6 million and R128,7 million respectively.
Significant underspending is recorded on the capital budgets of provincial health departments, as provinces only spent 82,6 per cent of their adjusted budget, or R2,3 billion, which is significantly less (by R438,3 million) than the previous financial year's spending of R2,8 billion (Table 11 below). The provinces with the highest underspending health departments in capital are Mpumalanga (36,3 per cent) and Northern Cape (58,8 per cent), whilst those performing the best are in KwaZulu-Natal and Limpopo at 103,2 per cent and 101,6 per cent respectively.
Table 12 shows that spending on non-personnel non-capital items in health which includes medicines, drugs and other current expenditure is recorded at 102,1 per cent or R14,5 billion of the R14,2 billion adjusted budget.
Net 489 190 of total health expenditure. Like education, increasing the level and share of this allocation is critical for better health outcomes.
Net -303 329 1 The 2003/04 outcome was adjusted by some provinces to accommodate the shift in the Integrated Nutrition Programme Conditional Grant from Health to Education.
The biggest spending on capital in provinces is for roads and transport (which includes public works budgets) totalling R4,5 billion or 95,9 per cent of its adjusted budgets and 44,6 per cent of all capital expenditure. Spending is also significantly higher by R1,2 billion or 34,7 per cent than the R3,4 billion spent in the previous financial year.
Eight of the nine provinces recorded underspending of R219 million, with the lowest spending in North West (72,1 per cent) and Limpopo (72,8 per cent) followed by Mpumalanga (89,4 per cent).
Overall, provinces spent 84,5 per cent or R10,1 billion of their R12 billion adjusted capital budgets ("payments for capital assets"). Whilst this is an improvement of 13 per cent or R1,2 billion over the 2003/04 financial year, provinces have in aggregate underspent by a significant R1,9 billion compared to their adjusted capital budgets.
Table 14 indicates that the highest underspending provinces are Mpumalanga (66,1 per cent), North West (70,6 per cent), Northern Cape (74,8 per cent), Free State (75,9 per cent) and Gauteng (84,5 per cent). The highest spending on capital was in Eastern Cape (94,6 per cent), but in absolute terms, KwaZulu-Natal spent the most at R2,4 billion, followed by Gauteng at R1,8 billion and Eastern Cape at R1,6 billion.
The above figures assume that provincial departments are reporting on actual spending on capital. The large fluctuations in reporting on actual spending between the thirdquarter and fourth-quarter reports indicate that not all provinces are reporting consistently or accurately on capital spending. It is not clear to what extent such reporting includes or excludes transfers to entities, and whether all funds transferred have actually been spent. Though lower than previous years, a further concern is on the high proportion of spending in the last month of the financial year ("fiscal dumping"). It is hoped that the audit process and relevant portfolio committees in provincial legislatures will assess to what extent provincial departments have actually spent their capital, including the actual outputs (infrastructure) produced.
Underspending on capital appears to be a symptom of deficiencies in planning, project management, monitoring and implementation. Currently, Government is implementing an Infrastructure Investment Improvement Programme (IDIP) in all education and health departments, to improve their spending and reporting capacity on capital projects.
Housing subsidy expenditure is no longer classified as capital in terms of the New Reporting Economic Format. Table 15 indicates that provinces transferred R4,4 billion or spent 99,3 per cent of their R4,5 billion Housing Subsidy conditional grant. These spending figures are a significant improvement compared to the last three financial years, though it is not clear to what extent some of the transfers reflects actual spending rather than further transfers.
Table 16 reflects spending on 2004/05 conditional grant allocations as at 31 March 2005 for all provinces. It excludes roll-overs from conditional grants from the 2003/04 financial year. It also excludes general conditional grants like National Tertiary Services, Health Professions Training and Development, and the Provincial Infrastructure grants, as spending against these grants is subsumed in a range of programmes across provincial departments and therefore no reporting is available on these grants.
The rate of conditional grants spending is slightly lower than total provincial expenditure with provinces having spent R11,3 billion or 93,7 per cent of the adjusted budget (2004 Division of Revenue Act and related Government Gazette allocations) of R12,1 billion, which excludes general conditional grants as mentioned above.
Grants reporting very low spending include Food Emergency Relief (29,9 per cent), Land Care Programme: Poverty Relief (72,5 per cent), Hospital Revitalisation (74,5 per cent) and HIV and Aids (Life Skills Education) (78 per cent), and Financial Management and Quality Enhancement (4,9 per cent). Though the Financial Management and Quality Enhancement grant ended in 2003/04, funds were rolled over from the 2003/04 to the Eastern Cape in 2004/05.
Funds have been transferred for the Malaria and Cholera Prevention grant during the last day of the 2003/04 financial year and are included in table 16 to register spending on this grant.
The total available for spending on conditional grants increases by R850 million if provincial roll-overs are included, like Housing Subsidy (R374,8 million), Human Settlement (R116,4 million), Local Government Capacity Building Fund (R58,8 million) and Child Support Extension (R52,1 million).
Act, No.
Table 17 indicates the variance in spending of selected conditional grants between provinces, particularly for the Agricultural Disaster Management, Malaria and Cholera Prevention, Human Settlement and Redevelopment, Local Government Capacity Building Fund and Food Emergency Relief, where at least 5 provinces have spent less than 70 per cent of these grants. Percentages represent actual expenditure of total available (gazetted amounts and provincial roll-overs).
Percentages represent actual expenditure of total available (Gazetted amounts + provincial roll-overs).
However, the number of provinces spending at higher levels (more than 90 per cent) has increased since the last quarter with seven grants (Primary School Nutrition programme, HIV and Aids (Life Skills Education), Comprehensive HIV and Aids (Health), Housing Subsidy, Child Support Extension, HIV and Aids (Community-based Care) and Mass Sport and Recreation Participation) performing well.
Personnel expenditure ("compensation of employees") is R87,8 billion or 98,2 per cent of the R89,5 billion adjusted personnel budget (Table 18). Northern Cape (R2 billion or 100,2 per cent), Limpopo (R12,5 billion or 99,9 per cent) and KwaZulu-Natal (R17,9 billion or 99,7 per cent) have the highest rate of personnel expenditure, with Free State and Mpumalanga the lowest at 95 per cent and 95,9 per cent respectively.
All provinces, except Northern Cape, recorded significant savings in personnel budgets (R1,7 billion or 1,8 per cent). The major savings are in Gauteng (R354,3 million), Free State (R325,1 million), Mpumalanga (R258,9 million) and Western Cape (R253,3 million).
Provincial Revenue includes adjusted budgeted equitable share allocations of R164,1 billion, conditional grants of R21,3 billion and own revenue of R5,3 billion. National government transferred the entire equitable share and 98,8 per cent of the conditional grants allocations to provinces for the 2004/05 financial year. Provinces have collected R6,3 billion or 118,9 per cent of adjusted budgeted own revenue of R5,3 billion.
The adjusted budgeted R5,3 billion (adjusted from R5,4 billion) amount is significantly lower than the R6,6 billion collected in the previous financial year. However, the R6,3 billion collected is 5,4 per cent less than what was collected for the 2003/04 financial year. The collection rate varies from 106,8 per cent in Mpumalanga and 109,1 per cent in Free State, to a high of 125,5 per cent and 125,1 per cent in KwaZulu-Natal and Eastern Cape respectively, against the adjusted own revenue budget.
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The Minister of Finance, Mr Trevor A Manuel, MP, will be hosting a media briefing following the budget vote of the Ministry of Finance together with the Director General of National Treasury Lesetja Kganyago, the Commissioner of SARS Pravin Gordhan and the Statistician-General Pali Lehohla. Minister Manuel will present the budget vote to Parliament on Tuesday (tomorrow), 24 May 2005 at 10h00. You are invited to the media briefing thereafter at 13h30.
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We meet to evaluate the performance of three departments against their respective mandates, as set out in the Constitution and further legislation. Our commitment is to build a democracy that truly cares, to engage all of government in a battle against poverty, underdevelopment and dehumanization. In the throes of World War 2, Sir William Beveridge drafted a report for the UK parliament in which he challenged government to fight against " the five giant evils of want, disease, ignorance, squalor and idleness." The language of our Constitution is more refined - it commits us, in the Preamble, to "improve the quality of life of all citizens and free the potential of each person."
This remains the essential framework for the discussion here today. Neither the Treasury, SARS, nor Statistics SA is directly responsible for day-to-day services to citizens, yet their activities must nonetheless be subjected to scrutiny through this lens. I know that Members will not hold back from this duty to question whether our policies are adequate, to probe where the information is incomplete, to dig deeper if the analysis is unconvincing. Is our fiscal policy framework appropriate for our times, does the budget process address the quality of life of all citizens and, indeed, do the resource allocations we propose enable our departments to discharge their responsibilities satisfactorily Are we confident that we have the capacity to collect taxes due from the appropriate persons Can our surveys and statistical compilations correctly measure activity and inactivity, and instances of want and surplus, to enable government to direct resources to where they are needed most?
Last year, GDP grew at 3.7%, and the growth trend will be maintained this year to reach 4.3%. Inflation declined to 4.3% last year, and will remain well within the target range of 3% to 6% this year. During the past two years interest rates have been lowered by six and a half percentage points. Our budget deficit is now about 1.5% of GDP, primarily because the South African Revenue Service harvested R 354.9 billion in 2004/05, or R 21 billion more than we anticipated at the time of the 2004 Budget. We witnessed capital inflows of R 60 billion last year, and this trend continues - just two weeks ago we were able to announce the largest single inflow of foreign direct investment to date with the acquisition of a majority share in ABSA by Barclays Bank. Furthermore, employment trends continue to improve. Business and consumer surveys all signal that there is a new optimism, an unprecedented degree of confidence in our economic outlook. These are just a few of the array of overwhelmingly positive indicators of our progress - the visible and practical measures of the success of our macro-economic management. The improving economic outlook is the hard-won fruit of forward-looking macro-economic plan we placed before this House in June 1996.
On the strength of this success, we are able to be bolder yet in the years ahead. We are acutely aware of the extent of need - for employment, for broader participation in economic activity, for relief from the trap of persistent poverty, for housing, better education, reliable health services. We are still ourselves confronted with Beveridge's 'five giant evils of want, disease, ignorance, squalor and idleness' - although this might not be our preferred turn of phrase. These challenges have disciplined our policies and budget plans over the last ten years, and they remain firmly in mind in the growth and development strategy for the decade ahead.
This is not a battle that can be waged on one field. It must be waged across a broad spectrum in South Africa, and it must be waged in the international arena.
Our international work is important. Since 1996, the world has lived through no less than five global financial crises, each of them denting our best efforts domestically. These crises have wreaked havoc with the exchange rates of most developing countries, and driven up interest rates, each time impacting on the most vulnerable living in poor countries. Even now there are enormous concerns about the threat to global stability in the period ahead - about high oil prices, about the twin deficits of the United States, about the impact on the rest of the world of China's extraordinary growth and its capacity to supply industrial goods at unprecedented low prices. We have to remain active and engaged in a series of international fora - in the IMF and World Bank and the Development Committee that oversees these institutions' strategic thinking; in the World Customs Organisation, which is chaired by Commissioner Gordhan for the third successive year; in the G 20 on financial stability - we host a meeting of the Financial Stability Forum later this week; in the United Nations, where the Statistician General chairs a panel on statistics in developing countries; in the OECD, which for us is a learning centre; and in the World Trade Organisation, in support of the Ministry of Trade and Industry. Each of these institutions is important since together with other developing countries we must do battle to ensure that the rules are transparent and fair, and that they support more rapid social and economic development.
In his book, The Age of Consent, George Montbiot writes , "Everything has been globalised except our consent Democracy alone has been confined to a nation state. It stands at the national border, suitcase in hand, without a passport." We will not stand back from taking that journey. We will continue to do battle to have our voices heard, we will continue to carry a democratic and progressive message into the forums of international discourse with which we engage.
The "suitcase in hand" in respect of the African continent takes on an entirely different meaning. On the continent we are involved with the building of stronger institutions - both pan-African such as the African Development Bank and the African Union, and subregionally, as in the case of SADC or SACU. We are called upon from time to time to assist with capacity building - SARS remains directly involved in skills transfer in a number of countries, and the National Treasury has taken a leading role in a Collaborative African Budget Reform Initiative which already involves 16 countries and is likely to grow considerably. Further we are afforded the opportunity to engage in advocacy on behalf of the Continent - my participation in the Commission for Africa was a great opportunity for learning and sharing and preparing the African case for the G8 meeting to be held at Gleneagles in July. In coming years, our workload on the continent will surely increase further.
But, Honourable Members, we are mindful of the fact that our ability to contribute constructively in international forums is not unrelated to our performance at home. If we seek to hold the world to account for its global development commitments, we must of course be rigorous in our accounting against the challenges we have set ourselves.
Let me comment briefly on the performance of the Treasury, Statistics SA and SARS against their published functions and objectives.
Alongside its core administrative component, the Treasury vote provides for a further seven programmes.
The first (programme 2) covers the coordinating role of the Treasury in Economic Policy and Budget Management. The tasks at hand include macroeconomic analysis and advice, international financial relations, tax policy, intergovernmental fiscal relations, the structure and resilience of the public finances and the coordination of fiscal policy. The measure of performance in this area is laid before the House every year, in the quality and depth of the documents that are published to assist Parliament and provide the public with detailed and reliable economic and fiscal accounts and reports. The commitments we make to align appropriations with broader policy objectives require implementation by all government agencies. This is a matter to which I shall return to presently.
The Asset and Liability Management programme is also a cross-cutting task that also involves other government agencies. Our costs of borrowing have been significantly reduced because of management improvements and concomitant improved ratings for South Africa. Members will be aware of the huge fiscal benefit we have derived from reduced debt service costs. Members should also know that the National Treasury was able to defer the proposed foreign borrowing for 2005/06, partly because of the revenue over-runs which SARS produced. Key new responsibilities for this branch over the next year include the development of a monitoring system for the treasuries of state owned enterprises and efforts to improve the articulation and alignment of our development finance institutions.1 1 Our Development Finance Institutions are the DBSA, Land Bank, National Housing Finance Corporation, Industrial Development Corporation. For purposes of alignment both the Public Investment Corporation and the Independent Development Trust are included.
The work of our Financial Management and Systems team includes the overhaul of government procurement and supply chain management; the standardization of the financial systems of national and provincial government - we will soon launch a revamped Integrated Financial Management System (IFMS); and the implementation of the PFMA. Let me take this opportunity to remind the House of the detailed monthly financial reports published in terms of Section 32 of the PFMA. These provide Parliament - almost without precedent internationally - with readily available up-to-date information on trends in revenue and departmental expenditure. I hope that we will see progress over the year ahead in the active use of this information by portfolio committees, as its intent is to contribute directly to monitoring and accountability.
The central task of the Financial Accounting and Reporting programme is to strengthen the hand of Parliament by promoting transparent and effective financial management within the broader public sector. I wish to draw the attention of this House to the fact that all departments have been requested to close their books for the 2004/05 Financial Year by 31 May. We hope to see steady improvements in the quality of financial accounts, and fewer qualified departmental audits in future years.
The Treasury vote also includes substantial transfers to Provincial and Local Government. The key challenges here relate to the matching of appropriations with actual spending. We have set a high priority on regular reports on infrastructure expenditure and maintenance. A report published last week provides Parliament with an updated picture of the state of provincial expenditure, and we have drawn the attention of the President's Co-ordinating Council, which is attended by the Premiers, to the slow pace of infrastructure spending measured on a quarterly basis. The other major challenge is in respect of Local Government where the formula for equitable shares has been improved and where the Municipal Finance Management Act is being rolled out to improve on the efficiency of financial management.
In relation to the Treasury's responsibility for Civil and Military Pensions, I wish to share with this House that I have published the names of the Trustees of the Government Employees Pension Fund today and the first meeting of Trustees has been convened. The key challenges that remain in this area are the Amendments to the Special Pensions Act which we will have before this House this year, and the improvement of general administrative arrangements, focusing on speed of response and client relations.
The final programme on the Treasury vote provides for various fiscal transfers. The largest payments for which we are responsible are in fact direct deductions from revenue and do not rely on Parliamentary appropriation, as they are made to our neighbours in the Southern Africa Customs Union (SACU). The renegotiated SACU Treaty is now in force and provides a new dispensation for calculating and affecting transfers based on customs, excise and a development component. Our neighbours are facing unprecedented economic shocks at present, especially Swaziland and Lesotho whose economies have been seriously impaired by the expiry of the Multifibre agreement and the possibility of changes to the African Growth and Opportunities Act. Recent discussions in the SACU Council have raised the prospect of making adjustments to transfers for the next two years in an effort to help stabilize our neighbouring economies as part of a broader reconsideration of the transfer mechanism.
It is an open secret that Stats SA frequently attracts criticism - some of it, unfortunately is justified. But we should, together as policy-makers, pause to reflect on the world in which Stats SA works. South Africa has opted to comply with the international Special Data Dissemination Standards, which are overseen by the IMF. In terms of this protocol, all 61 participating countries, are required to produce regular, timely and accurate statistics across a wide array of series - 253 in total, in our case. The protocol further requires that governments have no pre-release sight of the data, a rational decision to discourage and prevent tampering. The protocol does not, however, set the quality standards for specific indices - so, for example, whilst all participating countries compute inflation figures, the relevant items in the basket differ and are measured at different times in different countries, and there are various ways of doing the sampling and collecting the information. Compiling a price index, moreover, is a comparatively straightforward statistical matter. The difficulties inherent in the measurement of employment and unemployment, or the structure and change in national income and output, are formidable even in wealthy economies with high levels of financial literacy and formal business accounts.
Stats SA has achieved a great deal over the past decade. We now have economic and social statistics that cover the whole country, we have a far more detailed picture of living conditions across the full landscape and diversity of our people, and as an organization Stats SA has thoroughly transformed its staff structure and its approach to both public debate and examination of statistical methods and sources.
This kind of transformation is difficult, and particularly when there is no opportunity to pause for restructuring. The SDDS timetable moves on relentlessly, surveys have to be completed with limited resources, data publication deadlines have to be met. Outside of the SDDS requirements, there is also a range of statistical information required by Government for evidence-based decision-making. The workload in Stats SA is large, and the skills and expertise needed are not easily found.
Members would be aware of the fact that the Statistics Act is designed to minimize direct Executive involvement in the work of the agency. An intermediary, in the form of the Statistics Council is created to engage with the detail of method and output, and it serves as an advisory body to the Minister. Honourable Members would also be aware that a new Council has just been convened, and we look forward to a strong cooperative relationship with Stats SA management in pursuit of the shared goals of accurate measurement of economic and social trends and healthy relationships between our statistics agency and users of its products.
Stats SA has recently procured the services of three very experienced statisticians from Canada and Australia to assist in re-engineering the organization. This is work in progress. A comparative study was recently undertaken on trends in statistics in countries with a similar profile - Brazil and Argentina were the reference points. Out of this process, we look forward to further progress in the quality and comparability of our statistical series.
Against this backdrop, I believe we should accept the forward-looking framework for the evolution of statistics, as outlined before the Portfolio Committee on Finance. In terms of this framework, we must set detailed annual performance targets since the framework runs to fiscal year 2010/11. This project requires substantial resources for the development of skills and investment in systems. It does not mean that we should lower our tolerance for errors and inaccuracies, but it means that we should increase the profile of the Quality and Integration programme, asking of the agency to advise, in advance, each year on which of the series will be improved and how. This approach is more likely to succeed, and will make for easier monitoring of progress, rather than an attempt to improve everything at once. We will then have a better basis for the anticipation of the stabilization of economic statistics and a keener sense of the methods and costs of the 2006 Community Survey.
We should be mindful, however, that this task on its own is exceedingly difficult since the economy is changing rapidly, the ability to access first-hand information in 'high-walled areas' is constrained, and the demographic profile is shifting as a result of migration both into and through South Africa. New efforts to improve survey methods and capacity that stem from reviews of our statistics collection process will need time, energy and resources.
I am pleased to announce that Stats SA will today release an exceedingly important publication entitled "Achieving a Better Life for All", which is a further compilation of the results of Census 2001. This release, read together with the results of Census 1996, affords us an opportunity to measure the qualitative improvements in the quality of life of South Africans, thereby responding to the preamble of the Constitution.
Let me turn to the work of the South African Revenue Service. A useful starting point is to remind the House of the SARS "volumetrics" - 14 600 employees; 14 million returns processed; 1.4 million corporate taxpayers; 4.3 million individual taxpayers; 573 876 VAT vendors; 300 268 PAYE employers; 14 million passengers moving through Customs; 68 775 consignments stopped; 1.4 million SACU movements; 1 851 total seizures; 998 221 export transactions and 1.7 million import transactions. Oh, and by the way, R21 billion collections over Budget.
Staggering as these statistics are, there is no respite on the horizon. Yesterday, we launched the start of the Filing season. We appeal to all individual taxpayers to file their returns well before the 8 July 2005 deadline. Last year we received quite a large number of new registrations. This year, we hope to beat that mark. This is a measure of our progress in growing a compliance culture, which bodes well not just for taxes, but for all of democracy.
SARS has introduced a number of innovations, including the introduction of barefoot practitioners to interface with small businesses. Small business has responded with enthusiasm, demonstrating willingness to speak out and express its ideas and needs. This creates the platform for the establishment of meaningful public-private partnerships. SARS will be assisting and nurturing small businesses by deploying community tax helpers to visit taxpayers at their businesses and advise them on registration, return completion and taxes in general. Dedicated small business help-desks and centres will be established shortly.
The communication challenge has also been advanced with the recent launch of a new cartoon character called Khanyisile Khumalo, or "Khanyi" to her friends. She is a welcome addition to the SARS team and will be assisting with taxpayer education. Her job is to take complex legal and technical tax and customs issues and explain them in a way that everyone can understand.
To ensure easy and cost-effective access, SARS must be equipped to respond quickly, consistently and accurately. SARS has aligned its "central architecture" for delivery with that of Government by transforming itself into an outward-looking institution that better understands and is more responsive to its operating environment.
Interaction will be easier through e-filing being rolled out to more and more elements of the tax and customs system. Similarly, the national call centre continues to make it easier for taxpayers to interact with SARS. The e-filing service has been expanded to make it easier to comply.
Interaction has also improved through continued roll out of the "one stop shop" approach provided by the Large Business Centre and small business counters. The Large Business Centre has made significant capacity gains and has now activated eight industry sectors as well as a dedicated service offering to wealthy individuals.
The SARS audit and investigation program this year places special emphasis on the abuse that is detected where companies accumulate duty credits when exporting, that in turn may be offset against duty liabilities when they import. Unfortunately, exports are at times somewhat misrepresented and inappropriate credit certificates are obtained. The Motor Industry Development Programme presents a similar compliance risk.
The inculcation of a team culture is vital to the development of a learning organisation. Attention will continue to be given to achieving better employment equity and enhancing the wellbeing of staff. The development of a suitable cadre of progressive, professional managers is a crucial challenge. Ongoing recruitment efforts seek to raise the level of relationship skills as well as deepening our tax technical and business skills.
In the coming year, SARS will focus on improving its enforcement and service delivery capacity at ports of entry, supported through the strategic deployment of officers, canine teams and visibly marked vehicles. SARS will also implement a "single window" concept that will link SARS with other government agencies, businesses and other Customs Administrations.
In the period ahead, the collaboration with neighbouring states will have to deepen. SARS is committed to improving on trade facilitation rather than falling back on tight trade control. Facilitation will only be successful to the extent that our neighbours have a similar approach. A strong basis already exists - training has been provided to staff of the Botswana Revenue Authority, and SARS is on the verge of concluding a Memorandum of Cooperation with the Lesotho Revenue Authority. Beyond our immediate neighbours, SARS has assisted in the Sudan, in Rwanda, and in Uganda. Just last week SARS hosted a Regional Conference of the World Customs Organisation which was attended by delegates from 14 African countries - the chances are that there will be additional calls for capacity building and assistance.
Honourable Members, the business of putting our statistics on a sound footing, of deepening our engagement with the rest of the world on economic, fiscal and tax matters, of improving our economic analysis and budget process and of building a culture of healthy compliance with sound revenue laws, is often dry, and always technical. But it is also exciting and challenging, and I wish to commend the budget proposals of the National Treasury, Statistics SA and the South African Revenue Service to this House with the assurance that they reflect the considered forward plans of three highly competent and committed professional teams.
I would like to take this opportunity too, Madam Speaker, to remind the House of the Government's commitment set out in tabling the Budget on 23 February this year, to an economic and fiscal policy framework that will reinforce and deepen the pace of our growth and development over the decade ahead, and will accelerate the elimination of poverty and broadening participation in economic opportunities. Although policy priorities and programmes will shift in emphasis from time to time, these remain the critical measures of our progress and performance. Finally, permit me to express appreciation to the three Heads of Department - Mr Pravin Gordhan, Mr Pali Lehohla and Mr Lesetja Kganyago and the teams they lead for their dedication and effort - their combined effort has brought measurable improvements in the quality of life of so many South Africans.
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The Minister has highlighted, in his address to you today, the overarching framework within which the Finance Ministry operates - that of the Constitutional commitment to "Improve the quality of life of all citizens and free the potential for each person".
Transformation of the financial sector is a key element of freeing the potential of all our people and overcoming the divide between the first and second economies in South Africa. Access to finance, in the form of appropriate savings, credit, or insurance products, holds the potential for people to empower themselves through small business development, wealth accumulation and the smoothing of income during life crises.
The Financial Sector Charter has added a deep social dimension to the functioning of the financial system. It goes to the core of how the financial sector will address the urgent need to make business sense of a more sustainable, inclusive and equitable future. The sector has committed to increase access to financial services to 80 per cent of people in the LSM 1 to 5 by 2008. The sector will also increase targeted lending to SMMEs, agricultural enterprises, development infrastructure and low-cost housing.
In a tangible sign of how sound partnerships can contribute towards increasing access to services, the Mzansi bank account initiative has resulted in the creation of an incredible 1 million new bank account-holders in a mere seven months since its launch at the end of October last year. Mzansi will continue to evolve as new product features are added, but already it has made a significant dent on the challenge of improving access to banking services for all.
In the coming months, we expect to see the announcement of similar initiatives in the insurance and collective investments industries.
A key part of Government's responsibility with regard to financial sector transformation is to create a supportive environment for the sector to extend its services to low-income earners.
Thirdly, a volatile financial system - and by extension the macroeconomic turmoil this can cause - serves neither the aims of competitive efficiency nor empowerment. As such, transformation must continue unfolding within an environment where the integrity of our regulatory system remains paramount. We want to expand, modernise and open the halls of finance, but we also want to ensure that our financial structures continue to remain sound. As such, we continue to focus on issues of market integrity, through legislation such as the Securities Services Act and the development of measures designed to tackle the threat of money laundering and other forms of fraud in our financial system, through the Financial Intelligence Centre ("FIC"). The work of the Amnesty Unit for exchange control and related tax contraventions is part of this process of regularising the financial affairs of South Africans.
Fourthly, beyond the regulatory environment, Government also has a role to play in terms of direct involvement in furthering the potential of our people and bridging the economic divide, through its Development Finance Institutions ("DFIs"). National Treasury continues to engage in a process of reviewing the mandates of these DFIs to ensure that their efforts are optimally aligned with national imperatives. The restructuring of the Public Investment Corporation ("PIC") forms part of this transformation.
Fifthly, the Financial Sector Charter calls on all institutions in the financial sector to invest deeply in the development of a broader pool of young black talent that will drive the sector forward in years to come. The National Treasury is playing its part by means of an extensive learnership programme, involving 60 interns, 33 of which are female interns. These interns are exposed to training on core business skills as well as on the technical requirements of their assigned curriculum.
Lastly, we must recognise that the South African financial system must be made to work not only for all of our own citizens, but also, increasingly, for the benefit of our brothers and sisters in the rest of Africa. The NEPAD initiative has identified the huge challenge of sourcing the capital needed to fund sufficient growth in Africa to meet the Millennium Development Goals. South Africa's future is intertwined with the destiny of our continent. So far, South Africa has failed to play as significant a role as it might in leveraging the strength of our financial markets in channeling international savings to where they are most needed for development on the continent.
As part of Government's efforts to address challenges facing the second economy, National Treasury published the draft Dedicated Banks and Cooperative Banks Bills last year, with a closing date for comments of 17 January 2005. National Treasury has also undertaken numerous road shows in various village banks in all provinces of the country. The wealth of comments that were received are currently being reviewed, with a view to hold hearings on both Bills in Parliament during October 2005.
The Cooperative Banks Bill seeks to provide community-based banks with legal standing and strengthened regulation, so as to afford its depositors the same safety and stability as enjoyed by the formal commercial bank's depositors. The Bill also provides for the creation of support organisations for the cooperative banks in order to ensure a continuous and sustainable capacity programme for the industry.
The Dedicated Banks Bill seeks to create new institutions that will provide core banking services, without having to conform to the traditional model of full-scale banks. Institutions that are envisaged to apply for these types of banking licenses would include telecommunication companies, large retail companies and micro lenders.
Clarify the role and extent of government involvement in the resolution of bank failures.
At the end of 2004, Parliament passed the Financial Services Ombud Schemes Act ("FSOS Act"). The FSOS Act aims to protect consumers of financial services by expanding and strengthening ombud scheme arrangements designed to resolve their complaints in a timely and cost-effective manner.
It does so by specifying minimum standards for voluntary ombud scheme arrangements in the financial services sector - such as the ombudsman for banking services, the long-term insurance ombudsman, and short-term insurance ombud. It furthermore ensures that all financial service consumers are protected by establishing a statutory ombud to resolve complaints in those cases where a voluntary ombud scheme arrangement does not exist.
FSOS dovetails with the Financial Advisory and Intermediary Services Act promulgated in 2002 ("FAIS Act"), which created the Ombud for Financial Services Providers - or "FAIS Ombud". Under the FSOS Act, the FAIS Ombud acts as the statutory ombud, and must deal with complaints in a similar manner as described under the FAIS Act. There can be no jurisdictional disputes under FSOS, since the Act clearly delineates which ombud has jurisdiction, given the complaint in question. The FAIS Ombud, Mr Charles Pillai, has been operating successfully since the launch of his office in September 2004.
In terms of other operational matters under the FAIS Act, licensing of service providers by the FSB's FAIS department is nearing completion. Of the approximately 14 300 applications, the FSB has to date processed just over 9 500. The completion of this process will mark the full implementation of the FAIS Act.
The Securities Services Act was also passed at the end of 2004. The Act repeals and, in effect, consolidates four pieces of legislation: the (1) Insider Trading Act, (2) Stock Exchanges Control Act, (3) Financial Markets Control Act and (4) Custody and Administration of Securities Act. The Securities Services Act seeks to ensure a fair, efficient and secure means of securities trading in South Africa's capital markets, which are regulated to international standards.
The Act also provides the Registrar of Securities Services with powers to regulate the interactions between all market participants. The FSB will have supervisory authority over trade in unlisted securities - which is a first for the South African market. This is done with the prime objective of consumer protection in mind. The Act also contains strengthened provisions against insider trading and market abuse. Penalties attached to such activities have been increased.
The Securities Services Act also created the legislative framework for the proposed demutualisation of the JSE. This is expected to result in greater flexibility for the JSE in terms of raising capital, as well as allowing a more effective market for current rights holders to realise their investment. The Bond Exchange of South Africa ("BESA") is also contemplating demutualisation. Both institutions are currently engaged in discussions with National Treasury regarding this process.
Looking into the future, a project of major significance is the review of the Pension Funds Act. National Treasury released a discussion document on retirement fund reform in December 2004. The closing date for comments was the end of March 2005.
In formulating principles on which a new Act will be based, National Treasury has taken a holistic and long-term view. Recognition was given to the fact that our retirement funding system is fundamentally sound. However, gaps and deficiencies nevertheless exist, and these are part of the challenge before us.
Ways of ensuring that South Africans adequately provide for their retirement.
Part of this may require reforming the current architecture of our retirement funding system, ensuring that it is flexible and adaptable enough to meet the demands of a continually changing environment. Detailed comments on the discussion document were received from a wide range of parties, varying from industry participants to ordinary individuals. This is a clear indication that South Africans are rising to the challenge of actively engaging in the shaping of their retirement future.
Some recent rulings by the Pension Fund Adjudicator have also highlighted challenges for our retirement and insurance industry. The opaque nature of costs that directly impinge on the benefits of fund members and policyholders will require attention from service and product providers. This should not wait for any form of regulation or the passing of a new Pension Funds Act. Positive steps can be taken by industry now to proactively remedy the growing consumer discontent, thereby ensuring future growth and stability of the market.
Madame Speaker, let me now turn to progress achieved by two institutions tasked with upholding aspects of the integrity of our financial system, namely the Financial Intelligence Centre and the Amnesty Unit.
On 20 May 2005, the Financial Intelligence Centre announced that two new terrorist financing reporting obligations came into operation with the commencement of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act (Act 33 of 2004, the "POCDATARA"). This made it obligatory, as from last Friday, for any person or business to report to the FIC if they know or suspect that a transactions by an organisation or individual may be involved in the financing of terrorism or related activities, or have knowledge of any property which may be connected to an offence relating to these activities. The FIC will endeavour to continue working closely with the business community as well as the law enforcement authorities to prevent our constitution and the democratic freedoms we fought so hard to achieve from being undermined and eroded by criminal activities, or by acts of terrorism.
While on this subject, it is my pleasure to announce that from the beginning of July, South Africa will take up the presidency of the Financial Action Task Force, which is the international standard-setting body for the prevention of money laundering and terror financing. Cabinet has appointed Professor Kader Asmal to this position. This is a position of enormous prestige and reflects the degree to which the rest of the world appreciates our efforts in introducing measures to combat money laundering, and now the financing of terrorism. It is also an opportunity for us to articulate the challenges facing developing countries, their business communities and law enforcement authorities in meeting international standards. A focus for us during this year will be for us to find ways of integrating the money laundering control measures with those that deal with good governance and corruption.
In the past year the FIC received in excess of 22 000 suspicious transaction reports and referred more than 300 to law enforcement for investigation. I wish to thank those sections of the private sector on which this obligation falls for their cooperation. We are aiming to promulgate those sections of the FIC Act that deal with the reporting of cross border transactions, and those which deal with cash threshold transactions, before the end of this year.
Several other challenges await the FIC during this forthcoming year. As it rolls out the Act, and the reporting and analytic systems operate more effectively, so the FIC will also start identifying those areas that pose a real risk in terms of laundering activities. In so doing, these gaps will be closed off, thus making it increasingly difficult for criminals to move the proceeds of their criminal activities or to profit from them. Already the FIC is liaising with other government departments in this regard. I am pleased to state that the FIC has received strong support from the law enforcement authorities, intelligence agencies and the SARS, as well as the various Supervisory Bodies. This has greatly enhanced its ability to perform its mandate.
On 26 February 2003, an amnesty window was announced by the Minister of Finance to enable South Africans to voluntarily declare their foreign assets and to regularise such foreign assets and tax affairs without fear of prosecution. The closing date for amnesty applications was 29 February 2004.
As at 30 April 2005, of the approximately 43 000 applications that have been received, 35 198 applications had been adjudicated. It is estimated that the exchange control levies could raise approximately R2.3 billion from the 35 198 applications already adjudicated. The total rand value of assets disclosed under the processed 35 198 applications is R50.7 billion, of which R26.1 billion is leviable.
It is anticipated that the Amnesty Unit will processed all applications by the end of May 2005, with the exception of those requiring further information from the applicant. It is expected that by the end of September 2005 the Amnesty Unit will have finalised the adjudication of all applications.
The past year has also seen a major overhaul of the Public Investment Commissioner - and its rebirth as the Public Investment Corporation.
Last year, Parliament passed the Public Investment Corporation Bill, which came into effect on 1 April 2005 when the Public Investment Corporation was launched. The passage of the Bill into law was a significant achievement for the public entities on whose behalf the PIC manages funds. The newly corporatised PIC is set to become a professional asset management company comparable to the best in the world.
The new legislative environment governing the PIC makes the Corporation more accountable to its clients and the shareholder. The PIC has to seek and receive Financial Services Board compliant mandates from its clients to ensure that clients have a say in the investment patterns of the Corporation.
The 2003/04 audited financial statements state the PIC's assets under management at R377 billion. Unlike in the previous financial year, the statements were unqualified, a development that signalled that the PIC is moving steadily in the right direction. Another strong indication of this was the total return of 20.9% recorded during that 2003/4 year. Details on the growth of the PIC's assets under management base will be contained in the 2004 Annual Report due to be tabled in Parliament in September this year.
The Isibaya Fund - a division of the PIC tasked with the funding of socially responsible investments - funded BEE transactions worth R7.5 billion last year. These were in the Financial, Mining, Infrastructure, Telecommunications and Industrial sectors. These transactions, in combination, benefited over 221 000 people as owners in the businesses, while a further 10 255 benefited through employment.
PIC funding of BEE has resulted in better vesting for BEE ventures while at the same time netting good profits for the Corporation. This illustrates that empowerment can indeed be a win-win objective for all parties.
The PIC's property stock accounts for about R3 billion. The Corporation is currently spending just over R141 million in the refurbishing of its property portfolios in Central City, Garankuwa, Mega City and Themba City.
This investment represents a significant injection into local economies, through local job creation and infrastructure expansion.
Some of the key aims of the Corporation over the next 12 months will be the general strengthening of its capacity to manage funds entrusted to it, the retention and recruitment of qualified personnel and growing its total asset base. The PIC currently has a staff complement of 70 people and plans to grow this number to about 110 over the next three years.
Lastly, Madame Speaker, let me return to the point I made earlier that South Africa's development objectives stretch beyond its own borders. The future of South Africa is closely tied to the future of the African continent, and in particular the Southern African region. Current levels of domestic savings and foreign capital inflows in the region fall far short of the capital needed to achieve NEPAD goals of sustained growth of 5-6 per cent per year.
In many countries in the region, domestic savings levels are hampered by the fact that critical long-term investment institutions like pension funds, banks and life insurers are weakly developed or absent. This is compounded by thin domestic capital markets, which make it difficult for institutional investors to invest soundly.
Financial sector development on the continent can be aided through effective regional cooperation and harmonisation. Furthermore, the development of South Africa's financial sector has the potential to aid not only the domestic economy, but also the region. A strong regional financial centre can help cater to the capital needs of the region, especially if African entities are a key focus rather than a global afterthought.
Efforts to strengthen South Africa's potential in this regard have included reforms to exchange control and listing requirements so as to facilitate the use of South African capital markets by African firms and sovereigns; as well as ongoing efforts to increase liquidity and market depth.
A regional financial centre of the type envisaged for South Africa is not a substitute for sound national financial systems. Indeed, the need to mobilise and intermediate domestic savings in African nations makes the continued development of national financial systems a critical priority.
At the same time, Africa's economies cannot await the slow maturing of national systems to meet the needs of private international capital. International experience has taught that regional financial centres, with the necessary critical mass of infrastructure and skills, are critical to leveraging the flow of private capital in the short to medium term.
The National Treasury and Financial Services Board will continue to work together over the coming year on refining strategies that make the South African financial system work, not only for all of our own people, but also increasingly for the good of all of Africa's people.
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Minister of Finance, Mr. Trevor A Manuel, MP, is pleased to announce to names of the Board of Trustees of the Government Employers Pension Fund (GEPF). The Board will take over from Minister Manuel who served as sole interim trustee of the GEPF.
The GEPF was formally established with effect from 1 May 1996 when the then disparate government pension dispensations and benefits of the public service were amalgamated into one homogeneous fund. Pensions for public servants were previously provided for in ten separate pension funds, inclusive of the former constitutional entities, which existed prior to the enactment of the new Constitution.
During the first 9 years of the existence of the GEPF, the Fund has appreciated from an overall asset base of R127bn to just over R350bn. This growth represents an improvement in the financial soundness of the Fund from a funding level of 72% at inception to over 96% funded in the 31 March 2004 actuarial valuation.
Section 6 of the Government Employees Pension Law provides for the management of the Fund by a duly elected Board of Trustees with equal representation between employees and employers. It also provides for the Minister of Finance as interim Trustee of the GEPF until such time as a Board of Trustees is elected.
The Board of Trustees consist of 16 members of which 8 members are from the side of the employee and 8 from the employees, including one elected from the pensioner members.
The finalisation of the Board involved multiple nomination and election processes aimed at convening the full Board, and relieving the Minister of Finance of the sole Trustee responsibility that he has carried since the inception of the Fund. The Electoral Institute of Southern Africa (EISA) and the Independent Electoral Commission (IEC) assisted the GEPF to elect the pensioner member of the Board in early 2004. EISA also assisted in a similar process by the uniformed services members to elect their representative and substitute in the latter half of 2004. The election of the pensioner member on the Board had proven to be a major logistical exercise reaching out to some 280 000 pensioners to obtain nominations, distributing and receiving postal ballot papers to the eventual sign-off by the outside parties. The election of the uniformed services representative and substitute followed a similar process albeit on a smaller scale.
The other six representatives from the employees were appointed by due process through the Public Service Co-ordinating Bargaining Council (PSCBC) and a collaborative effort on the employer side has assisted in identifying the employer and independent representation. In addition, the list of employer representatives has also been finalised.
The first meeting of the newly appointed Board of Trustees is to take place in Pretoria on 20 June this year.
The names of the Board of Trustees of the GEPF and their substitutes are attached.
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National Treasury has posted a comprehensive draft Tourism Public Private Partnership's (PPPs) Toolkit on the internet for public comment. It has been compiled in collaboration with the Department of Environmental Affairs & Tourism (DEAT) and a host of national and provincial conservation and tourism departments and public entities, together with the Development Bank of Southern Africa, the Industrial Development Corporation, SANParks, SA Tourism, the Tourism Business Council, and the National Business Initiative.
Once finalised, the Toolkit will be issued as a National Treasury PPP practice note in terms of the Public Finance Management Act (PFMA), and will be applicable to all national and provincial government departments and public entities wishing to pursue PPPs that offer commercial tourism opportunities on state conservation land.
The Toolkit aims to bring consistency and certainty to how these PPPs are implemented, and to inspire investor confidence. It is primarily a step-by-step guide to government, in line with Treasury Regulation 16 to the PFMA. It targets a wide range of potential projects - from small SMME-type tourism ventures to largescale investments in accommodation and related services.
The Toolkit applies the recently released BEE Tourism Charter and Scorecard to a standardised set of procurement processes and PPP agreement terms for both SMME and large-scale tourism PPPs.
The growing contribution of the tourism industry to the South African economy and job creation is well known. This Toolkit seeks to boost this strategic sector by providing a set of practical best practice guidelines for tourism PPPs. The intention is that government institutions and private parties will be able to apply these tools without re-inventing the feasibility methods, procurement systems and contract terms for each project. This should both speed up project implementation and protect against costly mistakes.
For more information please contact Sue Lund, Senior Project Advisor, PPP Unit National Treasury on 012315 5027 or 082-898 5758 or Mahandra Naidoo, Chief Director Tourism, Department Of Environmental Affairs & Tourism on 012-310 3846 Or 082-371 5164.
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Sales of the RSA Government Retail Bond have reached R 1,376 billion since it's launch in May 2004. 16 890 people have invested with a total of 25 138 investments.
The interest rates are determined by interpolating the equivalent yields of the 2year, 3-year and 5-year Government Bonds.
The above interest rates are applicable from 1 June 2005 until 30 June 2005.
The retail bond has attracted new as well as the smaller investors. About 51% of the total investments, invested R20 000,00 and less. It is important to note the South Africans from all walks of life have invested in the retail bond.
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Please email all enquiries to the MFMA helpline: mfma@treasury.gov.
The Minister of Finance Mr Trevor A Manuel, MP, on 31 May 2005 tabled in Parliament new regulations on supply chain management processes for all municipalities and their entities.
The regulations spell out significant reforms for the procurement of goods and services in municipalities. This framework modernises financial governance in municipalities and improves accountability and transparency for the award of municipal bids. It further establishes key procedures to minimise fraud and corruption in the bidding process, and to prevent and minimise possible conflicts of interest.
For big tenders above a value of R200 000 ("competitive bids"), the regulations introduce a three-stage process, which requires separate specification, evaluation and adjudication committees. To further promote transparency, all bids must be published in a bid register and made available on the municipality's website. The new procedures also make it easier for municipalities (and their entities) to approve smaller bids below R200 000, as it differentiates between petty cash R2 000, written or verbal quotations R10 000 and formal written price quotations up to R200 000. These procedures should also reduce administrative and other compliance burdens for small enterprises and suppliers, who can apply to be listed as suppliers for bids below R200 000. It also aims to reduce the waiting period between the publication of tenders and the awarding thereof.
The new regulations also gives effect to section 117 of the Municipal Finance Management Act, which preclude councillors from participating in the operation of the supply chain management system, being specifically excluded from being a member of, or even an observer on, any bid committee. Instead, the council must delegate supply chain management powers and duties to the Municipal Manager who is responsible for appropriate delegations within certain financial constraints, for the implementation of the policy.
The regulations also prohibit persons in the service of the state, like councillors and other elected representatives (members of provincial legislatures and national Parliament), full-time employees (national and provincial public servants, municipal officials) and directors of public or municipal entities from being eligible to bid or be awarded a contract to provide goods or services to a municipality. The prohibition will also apply to companies if an elected official, public employee or director of a public or municipal entity is an owner, director or principal shareholder. Awards to a close family member of an employee in the service of the state, or to a person who has left less than 12 months from an elected or employed position in any sphere of government, must also be disclosed in the annual financial statements of the municipality.
Tough provisions also apply to ensure that bidders do not corrupt supply chain officials, as their bids will be disqualified should they do. Officials who are responsible for procuring goods and services will need to comply with a strict code of ethics with regard to gifts and other inducements, and must immediately withdraw from the process if a family member has any interest in a bid. All bids must be opened in public and a register kept that is available for public inspection. Companies that supply goods or services must also disclose all sponsorships, and are obliged to declare any illegal gifts, rewards or favours to officials. Non-complying companies risk being placed on a list by the National Treasury that will prohibit them from doing business with the public sector.
Unsolicited bids are generally prohibited except where such good or service is demonstrably innovative, exceptionally beneficial to the municipality, and provided by a sole provider. Such bids cannot be secret, and must be transparent and made public as a municipality can only approve such a bid through a public process, which affords the public, potential rival suppliers and National Treasury the opportunity to submit comments, including assessing whether such bid is truly innovative exceptionally beneficial and whether there are no similar products available to open up the process to potential competitors.
Bidders whose tax matters or municipal service accounts are not in order, or who are in arrears to a municipality, may be disqualified, unless satisfactory payment arrangements have been made. Moreover, bidders are required to furnish information disclosing any non-compliance, non-performance and any dispute with any other municipality or organ of state.
The regulations also allow the municipality to better align and co-ordinate with other legislation, like the Preferential Procurement Policy Framework Act (PPPFA) and the Broad-Based Black Economic Empowerment Act (BBBEEA). Council is expected to play an oversight role of the implementation of its supply chain policy.
Municipalities are further required to appoint an independent and impartial person to assist in the resolution of disputes with any bidder. It is envisaged that this will minimise the referral of disputes to a court of law.
The tabling of the Municipal Supply Chain Management Regulations in Parliament follows a period of extensive consultation and inputs from various stakeholders, when a gazette with draft regulations was published on 29 October 2004. 35 written submissions were received, as well as many more verbal and other less formal comments via workshops or discussions with officials, resulting in the draft being significantly revised since then. These regulations have also been agreed to by the Minister for Provincial and Local Government, Mr Sidney F Mufamadi.
Given that these regulations represent a major shift from current practices, the regulations are phased in for municipalities. Municipalities and municipal entities will be allowed between three to twelve months to implement the regulations, depending on their capacity - the proposed implementation dates will be 1 October 2005 for high capacity municipalities, 1 January 2006 for medium capacity municipalities and 1 July 2006 for low capacity municipalities. Training and support will be provided by the National Treasury. All Municipalities are, however, encouraged to implement these regulations as soon as possible, as they represent best practice in supply chain management. In order to assist municipalities, a draft policy guide is provided, for municipalities to use (or revise) as the supply chain policy of the municipality, to be adopted by the municipal council before these regulations take effect in a municipality. A more detailed guide will be made available shortly.
Copies of the regulations are available in Government Gazette 27636 or on www.treasury.gov/mfma and will be formally promulgated at the end of June 2005.
Comments on the model policy and guidelines, as well as on any other policy or technical matters, should be directed to mfma@treasury.gov.
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These demarcated zones are designed to stimulate investment in inner city areas in terms of the Urban Renewal Tax Incentive (s13quat). This innovative incentive in the form of an accelerated depreciation allowance is aimed at promoting refurbishment and new construction in inner city areas that are in decay. The benefits of this incentive are to revive and regenerate the inner cities in our major centres.
For the refurbishment of existing buildings, investors are eligible to receive a 20% tax deduction in the first year of earning income, plus an annual depreciation of 20% over a four-year period. For new developments, this incentive offers a tax deduction of 20% in the first year, plus an annual depreciation of 5% for the next 16 years. This ultimately leads to a substantial subsidy that should stimulate the inner city's property sector. This incentive is extremely novel in that it allows the accelerated depreciation to be set-off against any other income (including personal income tax) and not only income from that particular building (as long as the building is receiving an income or used for the person's trade). For individuals and companies, this incentive offers a great opportunity to invest in the inner cities, or to maintain their current investments and participate in urban renewal and development. (See attached guide which provides detailed information).
The incentive will also support government's housing policy, as it encourages private investments in affordable rental housing in the inner city. It will complement other initiatives such as the formation of business-improvement districts, which allows the private sector to provide supplementary urban management in the form of additional security, cleaning and marketing services. It is hoped that this incentive will be the catalyst for other major developments anticipated for the 2010 Soccer World Cup.
The Urban Renewal Tax Incentive took effect on 6 June 2005 for the four municipalities and is published in Government Gazette no 27656.
This incentive is available for 16 municipalities in terms of the Revenue Laws Amendment Act, no 45 of 2003. With the 13 municipalities now approved it is anticipated that the three remaining municipalities will be announced shortly. The National Treasury is working closely with the outstanding municipalities, which are, Mafikeng, Matjhabeng (Welkom) and Emalahleni (Witbank) to ensure the final applications are submitted as soon as possible.
The demarcated areas have been chosen by municipalities, and approved by their councils before seeking the approval of the Minister. Enclosed are maps for each of the four areas.
The Polokwane UDZ consists of the Pietersburg CBD. The borders are mainly formed by Biccard Street in the east, Marshall Street and the Strekloop river in the south, Dahl and End Street in the west, and Hospital Street and Oriental Plaza in the north.
The Msunduzi UDZ captures the Pietermaritzburg CBD. The UDZ has been designed along a central axis being Church Street, expanding into areas of high commercial activity and urban blight. The Boundary commences at the intersection of Burger Street and Commercial Road in the South East side. The south eastern border is Burger Street, Loop Street, Railway Street and Long Market Street, south western boundary is erf PMB/2503/2/3, north western boundary is Havelock Road, Pietermaritz Street and the mid block boundaries between Pietermaritz Street & Berg Street, Berg Street & Boom Street, and Boom Street and Greyling Street and the north eastern boundary is East Street and Chutney Street.
Nelson Mandela has demarcated an UDZ area, which includes the Port Elizabeth CBD. The demarcated area commences at the intersection of Govan Mbeki Avenue and Mount Road. The main boundaries in the northern side are Perkins Street and Middel Street, the eastern side are Russel Road and Baakens River Valley, the southern side are the harbour and North Union Street and the western side are Green Street and Crawford Street.
The Ekurhuleni UDZ area includes the Kempton Park CBD and Germiston CBD. The Kempton Park boundary starts at the corner of Kempton Road and Gottfried Avenue westwards to Monument Road, northwards to CR Swart Drive, westwards to Kelvin Street, south along the railway line and northeast along Albatross Street and Gottfried Avenue up to Kempton Road. The Germiston boundary starts at the corner of Power Street and End Street eastwards towards Railway street, south-eastwards up to the railway line, following the railway line up to Hardach Street, north-westwards up to Keswick Road up to Rose Innes Road, following Flag Street up to President street up to the railway line up to Jack street and then south along End Street up to Power Street.
The gazette provides details on the boundaries of the urban development zones. Potential investors are invited to visit our website www.treasury.gov.za under the local government icon to view the gazette, as well as a guide for investors on how the incentive works.
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Members of the judiciary who regularly preside in the Tax Court (mention e.g.
The representatives from SARS who are involved in the litigation process.
At the launch of a new Tax Court it might be appropriate to perhaps consider the general relationship between the taxpaying public and the fiscus.
The reality is that any litigation process is largely adversarial in the sense that the litigating parties' pecuniary interests and interpretations of the law are often quite different - that is why the matter has to be adjudicated in an independent forum in the first place. Taking account of this everyday reality, in the case of tax disputes, the Tax Court is specifically catered for in the Income Tax Act.
With tax, the litigation stage is right at the end of a process that starts much earlier, namely when the taxpayer takes advice and completes his/her tax return, whereupon SARS subsequently assesses same. Before looking at the litigation stage, one should, therefore, pause and consider some notions that underpin the overall relationship between taxpayer and fiscus.
The first aspect that I shall refer to is the practice of tax planning.
"Every man is entitled if he can to order his affairs so as that the tax attaching under the appropriate Acts is less than it otherwise would be. If he is succeeds in ordering them so as to secure this result, then, however unappreciative the Commissioner of Inland Revenue or his fellow taxpayers may be of his ingenuity, he cannot be compelled to pay an increased tax."
The judgement by Chief Justice Watermeyer in CIR v King (decided by the Appellate Division in 1947 already) also confirmed that the South African taxpayer is at liberty to structure his affairs in a tax efficient manner.
Why then, if the taxpayer is principally at liberty to structure his affairs in a tax efficient manner, do so many disputes arise in respect of a taxpayer's tax obligations?
In order to answer this question one first has to understand the nature of a so-called "tax dispute".
The nature of tax disputes: When Adam Smith wrote his seminal work "An Inquiry into and the Nature and Causes of Wealth of Nations" in 1776 he identified as one of the maxims with regard to taxes in general that there should be certainty regarding the time, manner and quantity of tax to be paid.
As those of you involved in the world of tax will confirm, the everyday reality shows that absolute certainty regarding the precise quantum of tax payable is often quite elusive - it is often the subject of intense debate between the SARS and taxpayers.
"Income tax, like all taxes, is imposed by legislative enactment the parameters of a taxpayer's liability to income tax are laid down in the Income Tax Act as interpreted by the courts".
If it was only that easy! Or If only it was that easy!
The truth is that ordinary everyday language remains the vehicle of the Legislature's communication with the taxpaying public regarding the individual's tax obligations. A further reality is that fiscal legislation is often directed at highly complicated transactions found in the modern commercial world.
"It is difficult to express ideas in words with complete accuracy; and the more complex the idea the greater the difficulty. The law has to regulate an intricate and sophisticated society.
The above-quoted statement probably applies even more so in respect of fiscal legislation which is of a technical nature and which applies to intricate commercial transactions involving very substantial sums of money!
If it were possible for the Legislature, through an ideal medium of communication to precisely define the exact ambit, scope and intended effect of each and every provision of a tax statute with absolute clarity and certainty with regard to all possible factual situations (both past, present and in future), then the taxpayer's factual situations would, when viewed objectively and with a complete understanding thereof, simply fall within or beyond the clearly discernible parameters of the potentially applicable provision of the relevant tax provision.
Unfortunately such an ideal medium of communication is not available to the Legislature and hence disputes between the fiscus and taxpayers are a part of our lives - I guess especially so for those of you gathered here today!
The parameters of the applicable tax provisions are often hard to discern due to the inherent inadequacy of the language and because differing interpretations are possible.
The end-result: tax disputes will continue to arise and, for those present today, it probably means that working in tax does provide some job security?
African taxpayer and his / her advisers.
One probably also has to accept that with regard to fiscal legislation (more so than in respect of other legislation) the taxpayer's own monetary interests plays a strong role.
It is true that, on the one hand, the State has to generate the required revenue to achieve, in the interests of all South Africans, its socio-economic objectives, and in this regard great progress has been made over the last number of years. On the other hand, like we have seen, the taxpayer is at liberty to structure his affairs in a tax effective manner.
" it is necessary for both the tax gatherer and taxpayer to recognize that they stand in an inherently adversarial relationship to each other, the former wishing to gather as much tax as possible and the latter wishing to pay as little as is legitimately possible."
It does not mean, however, that the engagement, even in litigation, between the taxpayer and the fiscus cannot be constructive.
Let us now consider the crucial role of the Tax Court in this regard.
As we know, the litigation between taxpayer and fiscus in the Tax Court is adversarial in nature (shall we concede, sometimes even acrimonious) with each party vigorously and forcefully arguing the merits of its case. Naturally, this is to be expected: important legal principles and vast sums of money are at stake?
Despite, the above, the truth is that there are many benefits to a vibrant court process - especially with regards to the application of tax laws.
The tax dispute is heard before an independent tribunal guaranteeing impartiality, and hopefully equity, regarding the outcome. The striving for justice is strengthened through an appeal procedure that could go to the High Court, the Supreme Court of Appeal and potentially right to the Constitutional Court; The judgements of the High Courts and Constitutional Court serve to provide precedent in respect of the application of tax laws. This brings clarity regarding the correct interpretation of the applicable provisions and also guides the fiscus as to the appropriate application of such laws; Court decisions serve as a stimuli in the development of tax law in so far as an adverse judgement to the fiscus could necessitate a revisit of the applicable Act of Parliament in order to remedy any past deficiency there might have been the often spoken of "loopholes" that some taxpayers and advisers have a keen eye for!; Since it is sometimes SARS's procedure that comes under scrutiny (as opposed to the merits of the case), court judgements serve to draw the boundaries with regard to the correct administrative processes that SARS should follow. This, in turn, gives substance to the principle in our Constitution that everybody is entitled to procedurally fair administrative treatment by organs of State.
It is probably fair to say that a robust court system is crucial to the well-being of our young democracy. The Tax Court as constituted in the Income Tax Court is thus as important when it comes to the adjudication of tax disputes between taxpayer and tax collector.
Although, it might sometimes be difficult for non-lawyers to view any litigation process as constructive, one has to be realistic and acknowledge that there will always be instances where the taxpayer and SARS will have to say "let's agree to disagree" and let the matter proceed to the Tax Court. Such a process is both healthy and, if used correctly, does add to the overall development of the tax framework as has already been pointed out earlier.
Looking at the Tax Court that is being launched here today one would have to acknowledge that these state of the art facilities should be conducive to a proper ventilation of the complex tax issues. I am sure that you will agree that these premises are both convenient and user-friendly for purposes of conducting intricate litigation. It is hoped that these premises will do justice to the arguments of counsel and representatives who appear in them!
Furthermore, one should also keep in mind the utmost important role of the Judges and members presiding before the Tax Court, who are called on to make the sometimes hard decisions involving many millions of Rands. It is therefore good that proper care has also been taken to ensure that their chambers are conducive to the thinking and deliberating that has to happen in there! We should point out that Judge-President Ngoepe (TPD) and Judge-President Schabort (WLD, and now retired), both took a hands-on approach in assisting the SARS team with the lay-out, the design and specifications of this Tax Court. We thank them for their contribution in supporting this initiative and for the valuable inputs they made.
The reality is that Gauteng is the hub of the South African economic landscape. A large majority of JSE-listed companies is located in Johannesburg and a significant percentage of South Africa's high-net-worth individuals reside in Gauteng.
It is to be lauded that SARS, in aiming to provide an improved service to taxpayers (both corporates and individuals), has developed this Tax Court facility as part of its Large Business Centre. The Large Business Centre will, to some extent, constitute the "flagship" premises in respect of SARS's Gauteng operations. In light of the make-up of the Gauteng taxpayer base on register with SARS, it can be expected that the bulk of the more substantial tax appeals generated country-wide would emanate from Gauteng and eventually find their way to this Court. It is trusted that this facility will assist all stakeholders in adjudicating such tax appeals effectively.
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Britain's agenda for its presidency of the Group of Eight industrialized nations was bolstered by a historic agreement Saturday by G8 finance ministers to cancel more that $40 billion worth of debt owed by the world's poorest nations.
But the agenda for Blair's three-day trip, during which he will also visit the leaders of Germany, Luxembourg and France, is likely to be overshadowed by deep divisions over the European Union's battered constitution and budget.
Britain has made tackling climate change and lifting Africa out of poverty a priority for its G8 presidency. On global warming, Blair enjoys strong support in European capitals and has a friend in Putin, who has also signed the Kyoto Protocol -- the 1997 accord that seeks to cut the greenhouse gases blamed for the earth's rising temperatures.
Negotiations on Africa could be more difficult, however.
G8 finance ministers on Saturday agreed to immediately wipe out 100 percent of the debts that 18 countries, many in sub-Saharan Africa, owe to the World Bank, the International Monetary Fund and the African Development Bank. Up to 20 other countries could be eligible if they meet targets for good governance and tackling corruption, leading eventually to a total debt relief package of more than $55 billion.
However, Blair faces further tough negotiations on his aim to double international aid.
Tom Cargill, an analyst at the Royal Institute of International Affairs, said Russia did not have a "huge amount of interest in Africa." Putin holds the G8 presidency after Britain and was expected to focus on security issues, central Asia and eastern Europe, Cargill said.
France and Germany have both expressed support for Britain's bid to double international aid by issuing bonds on the world's capital markets.
France, however, is also pushing its own money-raising initiative -- an international aviation tax. Schroeder's ability to commit may be hampered by Germany's sluggish economy and looming elections.
Disagreements over the European Union budget and the future of the EU constitution are bound to overshadow the talks.
Blair has shelved plans for a referendum on the constitution, ignoring pleas from Chirac and Schroeder to push ahead with ratification. He has also threatened to veto Europe's spending plans if other leaders try to scrap Britain's lucrative budget rebate and called for a rethink of European farm subsidies -- a proposal flatly rejected by Chirac.
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The Minister of Finance Mr Trevor A Manuel, MP will have a media briefing to announce the outcome of the G8 Finance Ministers meeting which was held over the weekend in London. The Minister will talk about the challenges facing African economies going forward and South Africa's role in it.
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The Minister of Finance Mr Trevor A Manuel, MP will be hosting a media briefing on 23 June 2005 to announce South Africa's chair of the Financial Action Task Force ("FATF") from 1 July 2005. The Minister will announce the name of the Member of Parliament selected by Cabinet to serve as the Chair of the FATF. South Africa will retain the chair for a year-long period.
The FATF an intergovernmental body based in Paris was established in 1989 in response to growing concern over the threat posed by money laundering to the international financial system. Since 2001 it has developed a set of standards for combating the financing of terrorism (to date forty-nine recommendations have been developed).
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The Minister of Finance Mr Trevor A Manuel, MP will be hosting a media briefing on 29 June 2005 to announce South Africa's chair of the Financial Action Task Force ("FATF") from 1 July 2005. The Minister will also announce the name of the Member of Parliament selected by Cabinet to serve as the Chair of the FATF. South Africa will retain the chair for a year-long period.
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Sales of the RSA Government Retail Bond have reached R 1,414 billion since it's launch in May 2004. 16 890 people have invested with a total of 25 870 investments.
The above interest rates are applicable from 1 July 2005 until 31 July 2005.
The retail bond has attracted new as well as the smaller investors. About 51% of the total investors, invested R20 000,00 and less. It is important to note that South Africans from all walks of life have invested in the retail bond.
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To obtain a copy of the SA Yearbook 2005/06 or Pocket Guide to South Africa 2005/06, please e-mail your request to delien@gcis.gov.za, stating your postal address, physical address and telephone numbers.
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I am pleased to report on the Guardian's Fund operations, challenges and progress made during the year under review. This office continues to address the problems that have arisen in the past and is in the process of transforming itself in order to improve service delivery to the people. Long standing areas of concern are being addressed and plans have been put in place to rectify them.
The manual accounting system which is no longer able to cope with the current growth rate of the fund is in the process of being converted to the electronic format. Staff with accounting degrees were recruited but due to lack of experience, the massive increase in the growth of the fund and lack of full staff complements due to budget constraints, the larger offices experienced considerable difficulties reporting their financial positions. The Chief Financial Officer's office is assisting in bringing the bank reconciliations up to date.
Over the past number of years active steps have been taken to address these problems.
Previously it was reported that the process of converting these offices from the manual system currently in use to the electronic format had been piloted in the Bloemfontein office. This in fact was done but the Brilliant accounting system that had been selected to be utilised as the financial reporting element of the system was taken off the market.A replacement had to be found and adapted to the requirements of the fund. The Pastel accounting package was selected after discussions with that company's management. As it was felt that this accounting system could be adapted far more rapidly in a small well run office, the emphasis shifted to the Kimberley office which was smaller than Bloemfontein. The Kimberley office has now been converted to the electronic format and it is expected soon to be in a position to produce financial information whenever required. The Bloemfontein office is currently in the process of its final conversion with the Cape Town office to follow.
The reason for the cautious approach is that all information regarding a beneficiary already exists electronically. However, before being transferred to the permanent electronic record, the information must be carefully verified. The large number of manual records makes this task a slow process.
Due to the size of the remaining offices such as Pretoria, Pietermaritzburg and Grahamstown a slightly different approach will be followed. From a determined date in the future all new business will be dealt with on the electronic format while the current records will be transferred as and when they have been verified.
In order to improve service delivery to the public new offices will be opened at three new locations to deal with Guardian's Fund business. These are Johannesburg, Port Elizabeth and Durban; in addition Umtata, Bisho, Thohoyandou and Mmabatho will be reopened. With this expansion many members of the public will not have to travel great distances, as they did in the past, in order to receive funds due to them. In an attempt to minimise even the travel problem, members of the public will be encouraged to open bank accounts in order to facilitate the transfer of funds electronically.
Despite the progress made so far, further computer programming adaptations are required to improve the system even further. Such improvements as the ability to interrogate the funds bank account and reconcile its records with those of the bank together with the ability to issue income tax certificates to the beneficiaries in accordance with the income-tax act will be added as and when these adaptations become available.
As stated previously the Guardian's Fund has been reorganised into three divisions in order to improve its internal operating ability.
This division deals with the legal aspects of the fund such as the interpretation of any legislation and the affect of any court decisions. Applications for payouts such as maintenance, clothing, schooling etc are reviewed by this section before a payout is made.
This division is responsible for the processing and recording of the ï¬nancial information affecting the fund. In addition it is responsible for complying with the legal requirements of the Public Finance Management Act (PFMA) and the Treasury Regulations and the Departments Financial Instructions (DFI).
This division was set up to assist the other two core divisions by dealing with the normal ofï¬ce procedures required in such an ofï¬ce.
We experienced an annual growth rate in the fund in excess of 20% per annum during the last three years. As a result the Guardian's Fund is currently standing at R3.41 billion. However, this phenomenal growth rate has had an adverse impact on the people administering this fund making the conversion of the manual system to the electronic format absolutely imperative.
I have audited the financial statements of the Guardian's Fund as set out on pages 10 to 16, for the year ended 31 March 2006, as required by section 188 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), read with sections 4 and 20 of the Public Audit Act, 2004 (Act No. 25 of 2004). These financial statements are the responsibility of the Master of the High Court. My responsibility is to express an opinion on the financial statements, based on the audit.
The audit was conducted in accordance with the International Standards on Auditing read with General Notice 544 of 2006, issued in Government Gazette no. 28723 of 10 April 2006 and General Notice 808 of 2006, issued in Government Gazette no. 28954 of 23 June 2006. Those standards require that I plan and perform the audit to obtain reasonable assurance that the financial statements are free of material misstatement.
examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements assessing the accounting principles used and significant estimates made by management evaluating the overall financial statement presentation.
Up to the date of this report, the Master of the High Court, who is responsible for the administration of this fund had not yet implemented a proper control framework and financial accounting processes and controls to ensure the effective administration of the Guardian's Fund.
The complexity of the manual system, the enormous number of interest calculations, the record keeping of thousands of beneficiary accounts as well as the calculation of the annual interest provision posed a material risk of error and hindered the compilation of timely and accurate records and consequent financial statements. Most of the offices still use the old method of updating beneficiary information using manual record cards. This information is not captured on computer. I am not satisfied that alternative procedures in place adequately address the risk of record cards being misfiled, lost, stolen or destroyed. The risk of creating fictitious cards leading to the payment of fictitious beneficiaries is also real. The financial statements also included unallocated interest amounting to R143 184 732 and unallocated monies to the amount of R168 874 108 which should have been allocated to beneficiaries. Consequently, I am not satisfied on the accuracy and completeness of the accounting information generated through these systems on which the financial statements were prepared.
No proper financial information was available to compile the summary statements and it was mostly based on estimates, the basis of which could not be established. The financial statements were also not compiled in terms of Generally Accepted Accounting Practice. I could not satisfy myself regarding the completeness and accuracy of the information contained in the financial statements. It is also impractical to disclose the nature of the deviation from the statements of Generally Accepted Accounting Practice as this would involve a reproduction of all the financial records.
The reconciliation of the PlC investment account with the accounting records of the fund at year-end could not be produced for audit purposes in Pieterrnaritzburg and Bloemfontein. Although the balance per the financial statements was the same as that per the independent direct confirmation received from the PlC, this would not automatically suggest that the accounting records of the fund were accurate until each of the detailed transactions have been reconciled.
An examination of the reconciliation performed at the Guardian's Fund (Pretoria) on the PlC investment account identified that the incorrect PlC statement balance was used and reconciled.
In terms of section 88(2)(b) of the Administration of Estates Act, 1965 (Act No. 66 of 1965) interest-bearing accounts in the funds that became legally claimable but remained unclaimed for any period, must not earn interest after the expiry of five years.
Due to the volume of transactions that had to be processed manually and inadequate controls the ageing of these accounts could not be readily determined. Accordingly, the extent to which such amounts were not transferred to non-interest-bearing monies in terms of the legal requirements and any consequent overstatement of the interest could not be ascertained.
In terms of section 92 of the Administration of Estates Act. 1965 (Act No. 66 of 1965) those monies in the funds that have remained unclaimed by the persons entitled thereto for a period of 30 years from the date upon which such persons became entitled to claim the said money, must be forfeited to the state. Due to the current cumbersome manual accounting systems the extent to which unclaimed monies should be forfeited to the state could not be readily determined. The financial statements of the Guardian's Fund could therefore incorrectly include funds that belong to the state. Accordingly, audit procedures for verification could not be performed.
In terms of section 93 of the Administration of Estates Act of 1965 commission should be calculated on all unclaimed monies. If the monies were paid and cleared by the bank, the commission should be paid over to the South African Revenue Service (SARS). If the monies remained unclaimed, the entire amount including the commission must be paid over to SARS.
The commission, which should have been calculated and transferred, could not be quantified due to the large number of record cards and the manual accounting system. Audit procedures for verification could not be performed.
Because of the significance of the re-reported matters discussed in paragraphs 3.1.1 to 3.1.4 I do not express an opinion on the financial statements as at 31 March 2006.
In many instances tax certificates regarding interest allocated to beneficiary accounts were not sent to the South African Revenue Service and to beneficiaries on an annual basis as required by the Income Tax Act, 1962 (Act No. 58 of 1962).
inadequate back-up policy inadequate disaster recovery plan inadequate risk assessment performed at the Guardian's Fund.
However, the Master was in the process of computerising and revising policies and procedures in respect of the administration of the Guardian's Fund which should address the above.
The annual reports of the Guardian's Fund for 2002-03, 2003-04 and 2004-05 have not been tabled in Parliament. However, the annual report for 2002-03 was made public on the website of the Master of the High Court.
The assistance rendered by the staff of the Guardian's Fund during the audit is sincerely appreciated.
Trust monies held on 1st April, 2005.
Surplus/(Deficit) for the year.
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Good morning colleagues, distinguished guests, ladies and gentlemen.
Thank you to the FSCC for inviting me to address you at this significant gathering. It seems appropriate that, in the midst of so much change, we pause to take stock of where we have come from, where we are going and what challenges remain to be overcome.
For, certainly, we are experiencing change in the financial sector on an unprecedented scale. A combination of global forces and social imperatives has found momentum in a sector that for many years was grounded in outdated business models and an unsustainable vision.
In 1994, we inherited a financial sector that had developed within the context of an inward-looking policy environment, skewed investment opportunities and ownership by the few. Years of political and economic isolation meant that our regulatory structure had become progressively out of line with international standards. A highly concentrated financial sector meant that there was limited competition to bring down the costs to consumers or spur innovation. A political dispensation that did not care for the majority of its people found its reflection in a financial sector that paid scant regard to the interests of the average consumer. A profound mismatch existed between the allocation of capital and the development needs of our country.
The hallowed halls of finance stood on a hill, removed from the needs of the majority of our society. The faÃ§ade was grand, but the very foundations on which they were built were uneven.
The situation inherited in 1994 was therefore not so much one of having to build financial sector institutions, but rather one of having to undertake serious transformation.
A financial system that does not serve the needs of all South Africans is a dysfunctional financial system. It is an anomaly that requires urgent redress.
This was the cry that rang out loud and clear by people around this room at the Financial Sector Summit. The guiding vision has been to modernise the architecture of these halls of finance, while at the same time opening the doors to all.
As was recognised at the Summit, the process of transformation requires a collective effort. Through the collective finalisation of the Financial Sector Charter commitments, we are giving common voice to a vision of how these challenges will be met.
The Financial Sector Charter will add a deep social dimension to the functioning of our financial system. It goes to the core of how the financial sector will address the urgent need to make business sense of a more sustainable, inclusive and equitable future.
Truly sustainable transformation requires that empowerment be broad-based and multidimensional. On one level, this means that empowerment goes beyond the narrow definition of ownership deals, but embraces a broad spectrum of elements, including human resource and enterprise development, targeted investments and access to finance. While increasing the level of ownership of black people in corporate South Africa is absolutely important; building the economy, increasing production, creating jobs, developing young black managers and investing in social development are just as critical in shaping economic transformation.
Similarly, competitive efficiency and broader development cannot not be jeopardised by an empowerment process that favours the few. Our financial halls must never become exclusive retreats were financiers sip on fine wine and congratulate themselves on their latest get-rich-quick schemes. Black economic empowerment guidelines should facilitate the broadening of participation in the ownership and control of our economic assets. This requires us to put our collective heads together to carefully consider elements such as the mobilisation of worker's savings through retirement funds; the prevention of fronting through beneficiary funds; and the potential for exclusion of new or smaller black companies from the empowerment process due to a lack of upfront capital.
At the same time, measures designed to achieve our empowerment and transformation goals must be implemented in such a way that they do not jeopardise ongoing financial stability.
A volatile financial system - and by extension the macroeconomic turmoil this can cause - serves neither the aims of competitive efficiency, nor of empowerment. As such, transformation must continue unfolding within an environment where the integrity of our regulatory system remains paramount. We want to expand and open our halls of finance. But at the same time we want to ensure that the structures remain sound and continue to provide steadfast shelter.
Effecting sustainable change in the orientation of the financial sector will demand thoroughness, diligence and a measure of patience. The room for change has been confirmed in the Financial Sector Charter, whose orientation presents a touchstone for other charters. Yet, we must recognise that the financial sector is unlikely to respond well to mere populism.
It does not help when those who run financial institutions appear to accede to demands placed on them, only to seek to transfer all of the risks to the fiscus thereafter. The magnitude of the change we seek to effect demands of all of us the highest quality of leadership.
When the pace of change is such as we found ourselves in currently, it is perhaps wise that we pause and assess, as we will do over the course of today and tomorrow, the extent to which we have systematically considered all the potential impacts of our empowerment strategies. To what extent have all stakeholders been sufficiently consulted To what extent have we achieved consistency of treatment across sectors What is the potential impact of empowerment financing mechanisms and scoring allocations on overall financial and economic stability?
Lastly, we must carry forward the key message of the Financial Sector Summit and the Financial Sector Charter: that the focus of broad-based empowerment and transformation should be on tangibly improving the lives of the poor and marginalised.
Lack of access to appropriate savings or transactional products, coupled with poor financial literacy, consumer education and consumer protection, compounds the divide between the haves and the have-nots.
Again, this is a collective challenge.
The experience of the Financial Sector Charter has already demonstrated the power of partnership amongst constituencies to arrive at accessible, affordable and appropriate solutions to the financial needs of low-income individuals.
The phenomenal success of the Mzansi bank account has effectively silenced those sceptics that doubted the feasibility of such initiatives. Now we call upon the banking institutions to share and assist the other industries in the sector to likewise come forward with workable solutions. Likewise, we must make collective progress in the areas of investment into housing and small business in a way that avoids the excessive shifting of risk from the private to the public sector.
We must also bring about changes designed to address past inequities and protect the most vulnerable consumers of financial services. In some areas, this has resulted in reform of legislation, such as the National Credit Bill and the planned changes to Retirement Fund regulation. But it is also morally and economically imperative for the sector itself to come forward with a proactive response to the problems of competition, disclosure and consumer protection identified in the banking and insurance sectors.
Together, we need to strive towards a more sustainable, inclusive and equitable future. There is no inherent conflict or contradiction in ensuring a South African financial sector that remains both world-class and inclusive of all our people. The long run sustainability and competitiveness of the South African financial sector is intricately intertwined with its ability to broaden its reach to all sectors of the South African economy.
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Sales of the RSA Government Retail Bond have reached R 1,483 billion since it's launch in May 2004. 17 090 people have invested with a total of 27 104 investments.
The above interest rates are applicable from 1 August 2005 until 31 August 2005.
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Africa's hope, Africa's richness, Africa's compassion, depend on the kind of partnership that is crystallised in our being here, tonight.
Our future relies on the courage of a shared commitment that goes beyond our particular constituency interests - a commitment without the protection of an assured compound rate of return, without the contentment of proprietary ownership and control, without the comfort of familiarity and conventional doctrines and companionship.
We have to be willing to invest in institutions that promise intangible, uncertain benefits. We have to be willing to join hands with co-investors we neither know, nor understand. We have to be willing to believe in the power of knowledge, and we have to overcome our fear of what is unknown.
Great universities stand as testimony to humankind's ability to explore beyond the horizon that can be seen, and to tolerate ideas that may challenge or even repel.
Great universities are larger than the communities that sustain them, because they are nourished by ideas that have power and mobility of their own.
Great universities yield bounty beyond contemplation, because they allow ideas to bloom in so many diverse and surprising ways.
The idea of the university took hold over long centuries characterised by religious and national intolerance, conquest and extraordinary cruelty, often in the name of narrow civilisations associated with particular metropolitan centres. Yet, the universality of this idea of knowledge, and the community of minds, took root.
This idea is so much more powerful, so much more practical and so much more critical in today's world, in which barriers between people and communities are increasingly overwhelmed by the logic of global identities and processes.
Thomas Friedman, author and journalist and perceptive commentator on the globalisation trend of modern times, calls this logic the "flat world". The world we inhabit is increasingly undifferentiated, we have different mother-tongues, but we all speak the same language, we have different tastes and customs, but we all shop in the same bazaars, we have various skills and abilities, but we all communicate across the same electronic platform.
The world is flat, and it will become flatter in the decades ahead.
Friedman's book is partly a wake-up call to his fellow-Americans.
He points out the China is growing so fast today, as Japan and South-east Asian economies did in the second half of the last century, partly because young people are driven by an insatiable appetite for learning, and there is intense competition for science and engineering places at universities and colleges. Performance in science and mathematics is declining in American schools and colleges. He points out that China's success is partly about its willingness to bring in foreign skills and expertise. America has long relied on attracting professional and intellectual elites from Europe and more recently from Asia, but controls on immigration are now beginning to interfere with this source of growth. He points out that Microsoft Corporation has just three research centres in the world - one in Cambridge, England, one in its Washington State headquarters and one in Beijing, China.
How does this happen How does a society that remains highly structured, regulated, culturally so very different from the west, become a leading source of innovation for the largest US corporation of our times?
Part of the answer is about the importance of education, and the deeply embedded social value of learning and scholarship in China's history.
Part of it is about incentives and behaviour. In talking about how companies adapt to changing world conditions, Friedman quotes Lou Gerstner, who led the turnaround of IBM in the 1990s: "Transformation of an enterprise begins with a sense of crisis or urgency No institution will go through fundamental change unless it believes it is in deep trouble and needs to do something different to survive."
At the end of the Maoist era in China, it was not just the new leadership who knew that things had to change, the whole of Chinese society shared an understanding that economic transformation and modernisation had to be aggressively pursued, for the survival of every household, every village Africa is beginning to understand its crisis, and is beginning to appreciate that its transformation will not come from a global change of heart, a multilateral technical assistance programme, or a rescue mission from the United Nations.
Africa's transformation will be founded on the enterprise of individual households and small businesses, on the hard work of village management committee and responsible municipalities, on the success of well-managed companies and the vision of forward-looking civic organisations, government agencies and universities.
Parts of Africa are deeply in trouble, and the challenge is finding the resources and the collective will to find a new path forward.
But this part of Africa, this land of its own peculiar flatness and beauty, faces a different challenge. Botswana has been wisely governed, and over several decades has been amongst the fastest growing economies in the world. There is no immediate economic crisis, although we are conscious of the profoundly difficult social and epidemiological challenge of HIV and Aids and its economic implications. But like many other African countries, and like South Africa too, Botswana has to confront the flat world challenge of the decades ahead. We will not be able to meet our economic and social aspirations for the years ahead on the strength of the richness of the earth, alone. Mining and agriculture will continue to have their place in our development strategies, but the resource that really counts over the long haul, the capacity on which our social and economic well-being most critically rests, is the quality and depth of the education and skills our young people acquire.
This is the central message of Friedman's book, and it is a central reason why we are here to enjoy this dinner tonight.
Friedman has an interesting piece of advice for anyone who wants to get ahead in the modern economy. He says that in a flat world, everyone should want to be an untouchable. Untouchables, be says, are people whose jobs cannot be outsourced.
Untouchables come in four broad categories: workers who are 'special,' workers who are 'specialised,' workers who are 'anchored' and workers who are 'really adaptable.'
Only a few people can be truly special - film stars or sports heroes, perhaps - but many people can acquire specialised skills. There is a clear message in this for our higher education institutions - it is not possible to be a world leader in every academic or professional discipline, and so it is important to specialise - especially important for a small university to nurture and encourage those accidental niches of excellence, of world class competence, But if you can't be specialised, then look for "anchored' capabilities. A mineworker cannot be replaced by a Chinese factory operative or a digitised outsourced contractor - a mine is location bound. A forward-looking university will nurture and encourage those areas of academic inquiry, skills needs and professional interest that are "anchored" in the local and regional economy or social context. These are areas of activity in which you have a natural advantage - and in which corporate and international partnerships have a natural economic logic to them. Focusing on unique mineral and ecological resources is an obvious area of priority, but research on the local and regional economy, language, literature and culture are also naturally "anchored" activities.
Lastly, Friedman says, if all else fails, you want to be really adaptable. The future is unpredictable, the skills you learn today may be entirely redundant in a decade's time, the economic opportunities and the development challenges of the years ahead may be quite different from our past experience. And universities, as centres of expertise and knowledge and innovation, have to adapt to changing circumstances and new research and teaching needs.
This is worth emphasising because universities are, let's be frank, frightfully resistant to change. These are our secular temples and monasteries, drawing us back to the revered teachings of long-past demi-gods, seldom in the original text of course, but digested and regurgitated in carefully crafted "student editions" with key points and questions for seminar discussion tucked in at the end of lecture-sized blocks.
Good old-fashioned teaching practice has its place, but students also need to confront creative challenges from time to time, to exercise imagination without the discipline of received doctrine. And our curricula and teaching methods need to foster not just knowledge, but the ability to acquire knowledge, not just skills, but the capacity to adapt to multiple skills requirements and environments, not just understanding of the world but the capacity to invent and shape and transform.
Let me leave with you a few thoughts on the journey of intellectual discovery that we will share over the decade ahead, in Southern Africa.
We have more or less universal schooling. But schools in a flat world are not doing enough if they carry on, year after year, teaching the same things in the same ways with the same tired and unprofitable results. We spend a great deal of our national budgets on schools, and we have a huge responsibility to find out, and practice, better ways of teaching, better ways of learning, better ways of fostering a thirst for knowledge amongst our young people. In the long curve that describes, over time, rising prosperity and broadening opportunities for all our people, the single most important determining variable is the quality and character of what goes on in schools. And this University has an "anchored" responsibility for ensuring that the quality of Botswana's Then there are the kinds of specialisation that might contribute to improved industrial performance, better health and other social services, opening up of new mines or improved mining technologies and to modernisation and advancement of technology and productivity. Here there is an unavoidable burden of responsibility for choice - for we cannot afford to invest in expert capacity in every area of need. Greatness rests in part on humility - you will succeed in fostering some areas of expertise, provided you don't try to achieve stardom in every field. Fortunately there is no need to be comprehensive - in a flat world, research and teaching expertise is mobile, students can make use of learning opportunities almost anywhere and both government and industry can promote partnerships with universities or centres or research excellence elsewhere.
This is an important third point - that if we are serious about growth, serious about improving the quality of public services, serious about deepening industrial investment and trade, serious about broadening social and economic participation, then we actively encourage partnerships across the Southern African region and more widely. Just as we need to attract foreign direct investment because it brings capital, technology and international market opportunities, so also we need to encourage an inflow of skills and enterprise, because the benefits of expanding professional and technical capacity far outweigh any risk there might be of displacing local employment.
But the nurturing of local talent and capabilities cannot be left to itself. We have come to use the word "empowerment" in recent years as a broader and more satisfactory characterisation of the social policy goal we formerly called "affirmative action" and before that "indigenisation" or "Africanisation". Empowerment is partly about redressing historical disadvantage, but it is also about investing in capabilities and opening doors of opportunity. It is a policy objective that infiltrates a very wide range of government and business life - recruitment and training, organisational structure and rules of conduct, procurement, corporate finance, meeting the needs of children, overcoming gender discrimination, transforming village management committees, land tenure reform, broadening democratic participation.
Nick Stern, and his co-authors, in a recently published book titled "Growth and Empowerment: making development happen" - a study that helped shape the ideas and the strategy embedded in the Commission for Africa's Report - outlines the many different ways in which people's participation in economic and social life can be either held back or propelled forward by individual attributes, household characteristics, community dynamics, institutions, government services, the distribution and transfer of assets and the operation of markets and trade networks. Empowerment is about all of these things, and much more. But if it is move beyond policy discourse, if it is to be given effect in practical programmes and institutional reforms, then these dynamics must be the subject of in-depth research, rigorous analysis, and ongoing debate. Public policy, and the ongoing refinement of implementation This kind of research is very largely "anchored". Yes, it should draw on international experience, yes we should encourage foreign scholarship even in our own villages and fields, but our circumstances are distinct and our institutions are our own, and so our policies and programmes should be shaped and informed by research that is designed and adapted to our own needs.
That is why it is so important that this University should seek to build centres of excellence of teaching and research that are unique and distinct, directed towards our local and regional challenges, but not exclusively focused. That is why we should seek to support and promote this capacity not just through the efforts of the university community alone, but as a partnership with business, with government and with other institutions - a joint undertaking between those who share our faith in Africa's growth, in Africa's development, in African empowerment and in the African spirit of partnership itself.
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I wish to welcome you all to South Africa, not only because South Africa is such a wonderful country to visit, but also because economic growth is probably the most important intellectual and analytical challenge facing all developing countries. It is not just a matter of empirical facts and understanding, it is also a policy challenge, about values and priorities.
And unfortunately, there is no universal recipe, it requires separate journeys of discovery, country by country. We can't assume that what works in one context can straightforwardly be applied in other. We all have hard work to do, which is why this conference is so important.
In South Africa we are currently involved in an intense debate about our own growth strategy. Our growth rate has increased steadily and has stabilised at around 3-4%, although our potential growth rate is higher and we still have a considerable gap between available resources - unemployed workseekers - and the actual level of activity. We need to accelerate our growth performance if we are to halve poverty and double household incomes by 2014, enabling us to meet the first Millennium Development Goal. If, however, we continue on our current growth trajectory, average household income will take 25 years to double, unemployment will stay above 20% and progress in reducing poverty will be slow.
So I am pleased to see such an eminent group of academics, researchers, economists and policy-makers here today to help us find the appropriate recipe for growth in the next ten to twenty years. In finding responses to this challenge, I want to pose a number of questions that we are struggling to find answers to in the South African context. It is my hope that this conference can assist G20 and other countries to develop road maps for higher growth.
The first issue with regard to growth, and that we are all aware of, is that growth in a developing country is highly dependent on external international factors largely shaped by developed countries. National efforts for higher growth cannot fully succeed at the global level unless they are complemented by equitable and stable rules of the "global game". And I think most of you will agree that we are still far from a balanced, fair and efficient international economic system.
The rules of the game are biased, in several ways, against developing countries. The most obvious example is the global trading regime, in particular agricultural subsidies. This constitutes a major constraint to growth for many poor developing countries, particularly those in Africa, because of limited opportunities to export the products in which they have a comparative advantage.
Whilst the G8 debt relief initiative which is currently on the table should go some way to promoting growth on the continent, it is not a substitute for the pressing challenge of expanding trade opportunities.
African countries require a combination of trade, aid and debt relief alongside the reforms underpinning a growth path consistent with achieving the MDGs.
Our countries, represented in the G20, are typically major players in our particular regions. It is therefore important to consider our growth and trade strategies in a regional context - to look at issues like tax and customs harmonisation, for example. If the G20 is to play a role in fostering a more equitable global economic order, it is imperative that our domestic growth policies explicitly endeavour to stimulate growth in smaller and less developed economies. In South Africa, fostering economic prosperity in our neighbouring countries is a key objective, since our fortunes are inextricably linked through flows of people, capital and goods.
The international financial system has proved to be a major source of instability for developing countries, particularly emerging markets. We have made important strides - particularly in the G20 - in developing and implementing standards and codes for the financial sector. But we have not yet come close to addressing the external causes of financial crises, nor have we developed an international mechanism that adequately deals with adverse effects of financial contagion - the way in which markets transfer shocks in one place into damage in other places. An important question for further exploration, therefore, concerns the problem of international cooperation: how can we improve the effectiveness of joint international initiatives, to manage the risks of the international economy and assist both developed and developing countries to grow?
Let me turn to a different but related question: How appropriate for developing countries are the lessons of growth from developed countries?
In considering a growth strategy for South Africa, we are keenly aware of the major constraints that we face, which are often the result of our apartheid history, which denied economic and educational opportunities to the majority of our people. We have recognised since 1994 that two main pillars of a growth and empowerment strategy are the need to create an enabling environment for productive investment by enterprises, and the need to invest in skills and human capabilities.
In addition, we have identified several critical reform challenges for the next few years. These include macroeconomic and exchange rate stability, accelerating public investment in infrastructure, improving the quality of our housing and community environments, improving productivity and lowering the costs of job creation, improving the effectiveness of industrial policy, and strengthening public administration.
These are unavoidably complex areas of policy, combining macroeconomic and microeconomic considerations, and also institutional and social dynamics. We need to learn from international experience, and perhaps some of our experience will be of interest in other countries.
Clearly there are a number of basic pro-conditions for growth, like political and macroeconomic stability, including low and stable inflation and a sustainable fiscal position. We have achieved macroeconomic stability in South Africa, and though it has taken us longer than we hoped, we are today enjoying the fruits of the macroeconomic policy we adopted soon after 1994. But we have also recognised that we need to do even more that we have in order to put South Africa on a growth path higher than the 3-4 per cent range, and the questions that we are asking relate to how we can do so.
How do we ensure that we have a more stable, competitive exchange rate level You may be aware if you go through the back page of The Economist, that in 2004 the SA rand was amongst the currencies that experienced the highest appreciation against the US dollar. A few years ago we experienced a steep depreciation of the currency, feeding through to rising inflation and financial uncertainty. These kinds of volatility adds to the risks businesses face and hold back investment. To some extent, market movements in prices are a fact of life. But there may be ways in which a country like South Africa with a flexible exchange rate can improve the operation of the exchange markets and contribute to a more stable rand, and hence a more favourable climate for investment and trade?
One of the key constraints for growth in many countries is the deficit in the current account. While this may be less of a barrier to growth in a world in which capital is highly mobile, the determinants of trade finance requirements are not automatically linked to the dynamics driving capital flows. These are general policy challenges - there are also the specific uncertainties of the world today. Within a developing country context, we have to ask ourselves what the impact of an abrupt correction of the US twin deficit would be on the international financial environment and on individual countries.
Why is the current account deficit less of a problem for the US economy than the South African economy Are the models of a developed country in the Northern Hemisphere relevant to us here in South Africa?
What should be the role of government in the growth process It is generally agreed that the public sector should strive to create an enabling environment for the private sector to flourish. However, the extent to which government can influence the nature of the growth process, and who benefits from growth, is still open for debate?
The state clearly has an important role to play in establishing and maintaining stable governance and institutional arrangements that ensure that investors - both domestic and foreign - face as certain and predictable a climate as possible. We have in South Africa a democratic constitution, which provides for the rights of citizens and property owners, and also clearly establishes three tiers of government and the powers and functions of each. We have an independent central bank whose primary responsibility is to "protect the value of the currency in the interest of balanced and sustainable growth" in South Africa. Our Constitution has strong provisions outlining the way government handles public funds, including measures to deal with corruption and inefficiency. We have an independent Auditor-General to audit and report on the financial statements and management of all organs of state. We have active political representatives in Parliament, provincial legislatures and municipal councils to oversee the performance of the executive, and ensure they are accountable.
I have no doubt that these institutions have made a big difference in improving our growth prospects during the last ten years, compared to the ten years before 1994. However, I am also aware that country circumstances differ widely, and economic growth can be achieved under many difference political and institutional frameworks. This is a particularly interesting and important area of inquiry - how do the institutions of governance contribute to economic performance, both in respect of growth and the broader challenge of deepening participation and improving the distribution of income and opportunities?
Another important factor to consider is the extent to which government has the capacity to implement its policies. This includes the power to implement its budget; to spend its funds as budgeted, particularly on capital projects. This power to implement has to be at all levels of government, not just national government. Another example is to ensure that our criminal justice system works effectively - we have good legislation in place to deal with crime, fraud, corruption, money laundering etc - the tougher challenge is to deal with those guilty of transgressing the law, and more important, to build a society that respects the law.
I am assuming that the focus of this conference is on growth that is employment generating, and poverty alleviating. We cannot simply assume a trickle-down approach to growth, and it goes without saying that what we want is growth with redistribution.
We in South Africa recognise that we have a society characterised by a very skewed income distribution, that we have two economies living side by side - one part a modern first world economy living side by side with a povertystricken and informal economy. Thus, in addition to the need to create an enterprise economy, we have to also recognise that South Africa is a developmental state where government has to take active steps to close the gap between the two economies.
In wanting to create an enterprise economy, we have taken the right steps to lower the tax burden on all South Africans. We have kept our national tax to GDP ratio at around 25 per cent, in an effort to increase the incentive for entrepreneurs and investors, as well as to boost the spending power of consumers. What more do we have to do to improve or decrease overall taxation, or particular types of taxes, to improve the climate for investors?
What is the impact of spending such a budget on our growth prospects In our first ten years of democracy, we have substantially grown recurrent expenditure on programmes, social grants and increased remuneration of teachers and health workers in order to provide basic services and alleviate poverty. How do we ensure an optimal balance between social and capital expenditure, which fosters strong economic growth while also reducing poverty and promote a more equitable society Recent studies have also shown that relatively unequal societies on average grow at a slower rate than societies where income is more equally distributed. The higher the level of inequality, the higher the level of growth needed to challenge the problem of poverty?
Given the need to achieving macroeconomic stability, we were initially constrained from playing a more significant role in promoting growth. Public investment, for example, has lagged private investment for many years. We need to review the optimal size of the public sector, as the Washington consensus does not take account of market failures or weaknesses, which need to be addressed in meeting our developmental challenges.
But we also recognise that making money available on the budget does not mean that such funds are going to be spent as intended, or spent effectively. In spite of our budget reforms like three-year budgeting, greater transparency and an increasing focus on performance, we have seen that many government departments and public entities fail to spend their entire capital budgets each year, and hence undermine our growth prospects as a result. These budget reforms have assisted in modernising the way government works, but are not enough by themselves to ensure that there is effective spending. We need to improve our accountability and incentive systems within the public sector to ensure that government spends its budget more effectively. Developing our policy, planning and project management capacity is critical for a higher growth path, particularly in the area of transport and logistics. To what extent can we or should we co-ordinate the capital programmes of all organs of state including our public entities in order to promote faster growth How can we strengthen our public administration to ensure a capable state sector able to delivery on its promises?
We also need guidance on the right balance between urban and rural development, in order to promote higher growth with a better distribution of income. Bridging the two-economy divide in our country is a major challenge for us, and, I believe, for many other middle-income countries in the G20. I hope this seminar will provide an opportunity for us to learn from the experiences of others in this area.
I have left you with many more questions than answers this morning - these are difficult matters requiring careful analysis and intelligent consideration of policy choices. We won't find all the answers, but I look forward to learning from the proceedings of this conference - learning about our own choices, and about the issues we face collectively as part of the international community.
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I am sure that you share with me, and with the staff of the Bank, a sense of pride as we look back on the achievements of the past year, and confidence that the year ahead will again see a broadening and deepening of the financial contribution of the Development Bank of Southern Africa to meeting the growth, empowerment and development challenges of the sub-continent.
The Bank also contributes to the quality and rigour of our knowledge about the challenges ahead. It provides a valued database on development trends and experience. It participates with other organizations in understanding the dynamics of growth and social change and exploring policy options. It increasingly offers a voice - or a series of voices - articulating an analytical and sometimes critical perspective on the implementation of social and economic programmes. I don't always agree with every interpretation or item of advice, but I greatly welcome the debate and the engagement with the very real, complex, practical and institutional challenges we face.
Development finance cannot just be about the money.
And so the DBSA's articulation of its "triple role" is entirely correct. Development finance is about investment. It is also about advice. And it is about partnering.
Allow me to share a few thoughts on each of these.
It is not just about the money.
In the context of thinking about how we can step up our economic growth and development trend, how we can get from 3½ or 4 per cent growth to 5 or 6 per cent a year, within a responsible fiscal and macroeconomic framework, we have identified investment as a critical target. Fast growing economies have to invest more than 15 or 16 per cent of GDP, and so we want to see both public and private sector investment accelerate strongly over the decade ahead. There has been some progress over the last few years - since 2002 gross fixed capital formation has increased by about 8 per cent a year in real terms, contributing both to infrastructure renewal and improved productivity in several sectors of industry. Continued investment growth is a critical pre-condition for broader and deeper economic and employment growth.
But it is not just about the numbers. Investment needs to be well-targeted, which means it must rest on intelligent and well-considered infrastructure plans and business proposals. And so when we talk about improved investment performance, we are also talking about improvements in the quality of planning - better freight management, better traffic modeling, forward-looking energy and water resource planning, improved understanding of the pace and direction of technology change in communications, materials processing, biotechnology, micro-electronics, business information systems. It is particularly important, in an economy in which savings are low and industry is predominantly capitalintensive, that we should base our investment decisions on sound plans and good analysis. The Development Bank has a special role to play in this regard. Its location within the public sector makes it peculiarly well-suited, amongst lending and investing institutions, to respond to long-term public interest investment considerations. But as an independent entity, with a broad regional mandate and no special relationship with a particular province or municipality or industry, it is also well-placed to promote dispassionate, disinterested, analysis of options and assessment of risks and opportunities.
A particular challenge, for the decade ahead, is to find ways of contributing to the financing requirements of municipalities and governments whose balance sheets are weak and who cannot access finance on commercial terms. This is about designing and arranging the mix of grants and concessional lending that may be appropriate for smaller municipalities or non-commercial development projects, and it is about managing and sharing risk in appropriate ways. The DBSA is well-placed to take a leading role in this area of financial reform.
That is certainly not just about the money.
Much of the Development Bank's advice, at present, is bound up with projects and internal research and knowledge management. It is not free, it is paid for less directly perhaps, but it is not charged at commercial consulting rates. And so, once again, it has some advantages over the competition - either commercial, or of the bureaucratic variety. The DBSA's advisory role rests essentially on its own reputation, unencumbered by commercial or political considerations.
Yes of course, that's a little naïve. Advisors all have reputations to think about, and the DBSA is not inspired by divine insights behind a veil of ignorance of its own institutional interests.
But its not entirely naïve. This is one of our truly cross-cutting centers of intellectual expertise, and the DBSA is able to draw together expertise, and learn from its own experience, in ways that are not available to university-based research teams or departmental policy advisors. The DBSA's work in municipalities and the different circumstances of our nine provinces, in addition to the radically divergent contexts of thirteen SADC countries, is an extraordinarily rich minefield of experience, knowledge, expertise and sometimes painfully learnt lessons. We all stand to gain from the effective and well-considered mobilization of this resource, and I believe this is an area of the DBSA's role that will continue to grow from strength to strength in the years to come.
A special challenge, again, relates to the planning and project management capacity of both provincial departments and municipalities that currently lack sufficient professional expertise. Successful project lending is in part about appropriate support for project management and associated capacity building at the local level. The DBSA already plays a significant role in providing such support, and is well-placed to become a leading centre of project management and infrastructure planning expertise.
Yes, it's partly about the money.
Far too many partnerships are strong on rhetoric and rather weak on the actual commitments and responsibilities. This becomes apparent given the overlapping and sometimes competing activities of the development finance institutions (DFIs). As a result, nifty private sector players are able to play one DFI off against another, possibly undermining the development goals and profiting from the distortions between these DFIs.
That is precisely why it is so important that the DBSA should put partnerships up at the front of its goals and objectives. With a balance sheet of R25 billion, there is not a pressing liquidity problem - this is not about finding the cash. Yes, the DBSA could draw the design and throw the foundations and build the walls and put up the rafters itself. But the building is so much stronger when there is a meeting of minds and a sharing of expertise and resources before the project design is completed. And so it is right that one of our strategic priorities should be to increase the share of project funding that is matched by investments, cofinancing and partnership arrangements with others. The DBSA's development partners include its clients - municipalities or government agencies, for example, who share in the funding responsibilities where this is appropriate. But partnerships also include co-financing with the private sector and with international organizations. These are arrangements that take time to negotiate, and can involve complex risk-sharing and difficult decisions about alignment of responsibilities and mobilization of complementary resources or expertise. Wellstructured partnerships are not straightforward - what works in one structure may need considerable modification in another.
One of the enormous challenges of our time is to strengthen and deepen the partnership agreements through which infrastructure investment and service delivery can be accelerated over the decade ahead.
The Financial Sector Charter provides a framework of numbers - very substantial financial commitments - but the hard work is putting the deals together that will make it possible to mobilize these resources effectively.
There are immense investments required to make an integrated urban landscape a reality, for example. There are public infrastructure requirements, but there is also a large opportunity for private investment in housing improvements, commercial and office space, industrial and recreational facilities. This is what the Financial Sector Charter refers to as "transformational infrastructure" - investment that changes the quality of ordinary people's lives. For municipalities, the regulatory environment has to be reformed in important respects, and there are still planning gaps. You can't expect private investors to make transformational investments if they don't yet know where the high street is. But the reconstruction of our cities is a joint responsibility, and the role of private finance is recognized in our new Municipal Finance Management Act. In South Africa - and elsewhere in Africa - it is imperative that the structure of both public and private investment in the infrastructure of our cities should deepen considerably over the years ahead.
We also have to consider the rural landscape. It is a mistake to think that development policies are either focused on promoting urban growth or on agriculture and the rural poor. Productivity of the rural landscape is in fact closely bound up with the efficiency and the economic needs - food, resources, recreation - of the city. The challenge of redressing a distorted and fragmented landscape is even more stark in the rural heartland.
There are also huge challenges in transport, energy and communications infrastructure. Having spent about R38 billion on freight rail infrastructure, rolling stock and ports over the past decade, Transnet expects to invest more than R40 billion over the next five years. Eskom has begun its recommissioning of mothballed coal-fired power plants, and will continue its expansion and strengthening of transmission networks. Drawing in part on experience gained in financing and managing the international partnership through which the Lesotho Highlands Water Project was completed, several important investments in water resource infrastructure over the next few years will be undertaken as ring-fenced self-financing projects. The first of these, involving a new dam on the Berg River, will bring a much-needed supplement to the Western Cape water supply system. Design work is near completion for major water projects in the Mpumalanga and Limpopo provinces.
For the next three years, we anticipate a widening of public sector borrowing from under 1 per cent of GDP in 2002 to about 4 per cent, as a result of acceleration of infrastructure rollout by the SOEs.
We need to achieve at least this expansion in public-private partnerships, together with steady growth in more conventional project financing, if we achieve the expansion in capital formation required for more rapid growth and development over the decade ahead. Through its contribution to investment finance, to analysis and advice, and to the structuring of investment partnerships, the DBSA is at the centre of our strategy for meeting this development challenge. The "D" in DBSA stands for development and as the shareholder we expect nothing less than a robust commitment to development.
So we owe a special word of thanks to the Board of the Development Bank of Southern Africa, to its chair Mr Jay Naidoo, to the Chief Executive Mr Mandla Gantsho, and to all the staff of the Bank, for the extraordinary work that goes into the Bank's investment projects, into research and knowledge management and into the joint initiatives through which private finance and international cooperation are successfully brought into public infrastructure investment and service delivery.
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The Ministry of Finance has noted with surprise recent media reports and statements by the Democratic Alliance that travel, accommodation and entertainment expenses of government officials have increased by 50% and more. A cursory look at government financial statements will reveal that this is not the case. There has been a real decline in travel and accommodation spending in some of the departments mentioned and a marginal increase in others.
It is regrettable that shoddy research and a desperation to score cheap political points would drive the DA to deliberately distort the fact surrounding government accounting.
The National Treasury introduced a new Budget Format and Standard Chart of Accounts at the beginning of the 2004/05 financial year. This implied that the expenditure items used by departments were reviewed in order to ensure consistency across government. This process meant that once duplicate items were identified they were either removed or combined ensuring standardization of expenditure items.
These new reporting formats represent a new perspective of financial data collation and were designed to facilitate greater transparency and enhanced financial management.
Emanating from this reclassification is the consolidation of costs such as catering for all meetings, functions, travel and accommodation into one spending item.
The reclassified data for Travel and Subsistence is presented below and compared to the data that was provided in the media statement.
The adjusted budget for 2004/05 amounted to R343,4 million, compared to the preliminary actual expenditure of R322,5 million in 2003/04, based on the reclassified data for 2003/04. If the actual outcome of R259 million reported in the media is compared to this data, it implies a decline of 19,7% from the previous financial year.
The adjusted budget for 2004/05 amounted to R56,8 million, compared to the preliminary actual expenditure of R46,5 million in 2003/04, based on the reclassified data for 2003/04. If the actual outcome of R63 million reported in the media is compared to this data, it implies an increase of 35,5% if compared to the previous financial year.
The adjusted budget for 2004/05 amounted to R76,8 million, compared to the preliminary actual expenditure of R68,5 million in 2003/04, based on the reclassified data for 2003/04. If the actual outcome of R43 million reported in the media is compared to this data it implies a decline of 37,2% from the previous financial year.
The adjusted budget for 2004/05 amounted to R40,8 million, compared to the preliminary actual expenditure of R43,2 million in 2003/04, based on the reclassified data for 2003/04. If the actual outcome of R38 million reported in the media is compared to this data it implies a decline of 12% from the previous financial year.
It is clear from this data that extreme care must be taken when data after April 2004 is compared with the history data, as classifications are not strictly comparable. A very cursory investigation revealed that in most cases items included under the new definition of Travel and Subsistence were not included in the departmental history data. A detailed analysis would have to be conducted in order to comment on the variances between the data published in the 2005 ENE and that provided by departments for 2003/04.
The National Treasury through the Office of the Accountant- general and Budget Office is satisfied that spending on travel, accommodation and subsistence is within budget and is not excessive. This is especially significant as the financial year referred to in the media reports was also a period of national elections, which results in extensive travel expenses from the Departments of Home Affairs and the SAPS.
For more information contact Logan Wort on 083 443 7734.
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The Prevailing Interest Rates are applicable from the first day of the month (1st September 2005) until the last day of the month (30th September 2005).
<fn>GOV-ZA.2005090901En.2012-02-10.en.txt</fn>
I am delighted to have the privilege of joining you tonight, and to have the opportunity to congratulate the Economic Society of South Africa on this 80th anniversary.
I understand that the Economic Society was not only formed in 1925, but that was also the year of its first conference. The Society had its origins in a more modest earlier proposal by Dr JE Holloway to WH Clegg, the first Governor of the Reserve Bank. Holloway had written, in words that might have come from my mailbox last week: "It is a peculiarity, not only of world problems of the present day, involved as they are by a multiplicity of conflicting interests, but also of local South African problems, that the economic aspect is becoming increasingly important. Society wants guidance, now more than ever before, in its economic problems" Holloway suggested a gathering of a "small circle of men who, by virtue of their knowledge of the theory or practice of the body-economic, could provide one another with the essential atmosphere of stimulation and constructive criticism..." I am pleased to see that membership has not remained restricted to a small body of men, and I am sure that the atmosphere of stimulation and constructive criticism benefits from greater diversity these days - although perhaps not quite as much diversity yet as we would like.
The influence of this intellectual stimulation and criticism on South Africa's fiscal and financial affairs over the past eighty years has undoubtedly been immense, not least in that senior treasury officials and even a few of my predecessors owed at least part of their education to their membership of the Economic Society. An accounting as to whether the credits outweighed the debits in these various internships has not yet been published, but I am happy to accept that in this, as in many matters economic, the lines of causality and influence probably ran both ways.
My topic this evening is growth and development. I am confident this is a topic that will create "an atmosphere of stimulation and constructive criticism", indeed it is safe to assume that there are as many views on economic growth and development in this room as the number of economists here. Or perhaps twice that number, for as we have known since Mr Keynes served as advisor to the Chancellor of the Exchequer, an economist worthy of the name offers at least two views on every subject.
Well, I am not constrained by the discipline of an economic training and I don't need to be restricted to just the economist's one hand and the other, and so I'd like to share with you five perspectives on the growth and development challenges facing us in South Africa.
How we accelerate growth, how we improve our economic performance, is one of the central questions we face as a nation and polity. I greatly welcome the foresight of your conference organisers in putting these issues on the agenda, and I look forward to learning from the research papers that the conference programme contains, and subsequent analysis and debate that will no doubt be provoked.
Economic growth is not just a matter of theory and empirical facts, but about unique policy challenges, values and competing priorities. There is no universal recipe to be applied to all countries, or that is relevant for all time. Just as each country and region has its own circumstances and customs and cuisine, so also we need to look closely at the particular economic and development challenges and choices we face. We, in South Africa, have to write our own unique recipe for growth, taking into account our history, our geography, our neighbours, the international economy and, most critically, our own vision and values.
The first perspective on our development challenge, I would suggest, is the divided nature of our economy. President Mbeki has spoken about the first and second economies - one that most of us here are familiar with, that operates on established principles of law, property, contract, and reciprocity, and the other on the interstices of regulated commerce: unincorporated, insecure, unprotected, unbankable, overtraded. This second economy is characterised by high levels of unemployment, poverty, limited access to essential services and limited opportunities for economic participation.
Within the mainstream economy, there are several challenges for growth, competitiveness and development - there is the rapid pace of technological change, the complexity and unpredictability of global markets, there are regulatory and market failures or institutional weaknesses. The high costs of doing business prevent small businesses from surpassing current growth levels and prevent more established business from expanding to other markets. This is coupled with inadequate economic infrastructure. There is inadequate competition within some industries, evidenced by high mark-up pricing, and slow dispersion of technical change and business opportunities.
We face infrastructure investment challenges and we need to improve urban and spatial development planning, and deal with inefficiencies in our freight transport systems and congestion on roads and commuter rail services. These are development issues for both the modern and the marginalized parts of the economy - they are partly about redressing the fragmentation and imbalances we inherit from the past and they are about building bridges between formal and informal networks of economic activity.
The growth and developmental challenges facing South Africa are partly about eliminating the duality in the economy and creating seamless markets and an integrated physical landscape.
More rapid growth is a critical pre-condition for broadening participation in the economy. Our growth performance has increased the past decade, to about 4 per cent a year currently from below 1% in the decade before 1994, and the volatility of income and output trends has also fallen.
There has been a significant reduction in the level of government dissaving and a shift in budget allocations towards, education, health and welfare.
We are working within a stable, low inflation macro-economic environment to lower unemployment.
Inflation and interest rates are at historic lows.
Business and consumer confidence is booming.
And while unemployment remains a challenge, there are encouraging signs of a turnaround in job creation over the past four years.
But this is just the first phase in building a prosperous economy, broadening participation and reducing the wealth and income gaps that characterise the South African economy.
So let me suggest a second perspective on the growth challenge, one that focuses not on distributional issues, but on the investment environment. Improved economic performance is partly about building an environment within which investment decisions can be taken confidently, investors are rewarded for taking business risks and discovering new productive opportunities, and the regulatory context encourages business development.
This is about microeconomic and institutional arrangements, it is about the details of industrial and trade policies, it is about sound financial markets and effective corporate governance, it is about tariff-setting and competition policy, it is about the quality and effectiveness of public services. Macroeconomic and financial conditions are part of an enabling environment, but there is a great deal more that also needs careful economic appraisal and review.
One of the distinctive features of our investment environment is our commitment to seeking shared solutions to the challenge of broadening ownership and participation in the South African economy. We have put in place a broad statutory framework for black economic empowerment, that invites stakeholders to reach voluntary and cooperative agreements, to make forward-looking commitments and then jointly monitor progress against these targets. Many countries have adopted more interventionist approaches to redistribution, sometimes with decidedly damaging consequences.
The economics of this approach to improving the distribution of wealth and opportunities are not straightforward. There are benefits in a cooperative and negotiated framework, but there are risks associated with perceived regulatory uncertainty and the possible breakdown of financing arrangements or long-term partnerships. If cooperative agreements are not well-specified, then there may also be misunderstandings about expectations. Cooperation relies on trust, and trust rests on shared information and clear roles and responsibilities. There is a formidable research programme here, that can draw to some extent on international experience, but also needs to be firmly grounded in the particular challenges of empowerment in our own context.
A third perspective on growth and development focuses on the physical, rather than the institutional environment within which investment decisions are taken and economic activity takes root. We inherit a profoundly fragmented and distorted physical and spatial landscape, in which people live too far from where they work, low-income communities lack basic infrastructure and amenities and the social fabric of communities is weak, both in our walled gated suburbs and in vulnerable low-income neighbourhoods.
How do we ensure that we spend the money we budget for infrastructure in the right places, and spend it well How do we ensure that we have the engineers, architects and project managers to complete our major infrastructure projects on time, and that spatial development is well planned, transport systems become more efficient and communication networks contribute effectively to growth and development?
These are not just issues of technical capacity, but also of better governance and accountability, both in the public and the private sectors. Once again, there are difficult and important research questions to ask - and there is also the challenge of improving the links between economic analysis and urban or regional planning, of getting economists and engineers or planners to talk to each other and work together. Partnership and cooperation has to be fostered not just between institutions, but also between the complementary disciplines that shape growth and development planning and programmes.
(Perhaps I should confess that as an engineer in an earlier phase of my career I have had to adapt to the ambiguities of the language of economic advisors, and so I have a particular interest in bridging this communication gap. First lesson: when you talk about "foundations" or "fundamentals", it's important to explain to an engineer that the cement price does not come into the calculations. And when the project manager shows you his bill of quantities, my advice is check that VAT has been added, you don't need to work out whether the supply curve is convex.
Fourthly, we have to keep a clear focus on the human dimension of our growth and development.
Labour is abundant in South Africa, but we have not done well in mobilising the unemployed, nor in improving the pace of skills generation and their applicability to the particular needs associated with industrial and development opportunities. We need to understand far better the dynamics of South Africa's labour market, in particular industrial, occupational and regional settings.
General propositions about flexibility or productivity do not get us very far - we need dispassionate advice on specific trends and particular reform options. It is something of a puzzle that we record such high unemployment rates by international comparison, although work-seekers have an average of 9,5 years of schooling. Are the difficulties in the content and quality of schooling, in the management of entry-level employment at the workplace, or perhaps in the wider social support environment In the context of renewal and substantial investment in our further education colleges and curricula, these are hugely important issues and the voice of economists needs to be heard, alongside educationists, employers and representatives of labour?
Finally, there is the all-important perspective of the residual item in the growth equation.
Perhaps the polite way to talk about what we don't know, is to pay appropriate respect to the frontiers of economic science, by which I mean the continuous search for greater clarity about the sources of technical change, the determinants of productivity and the dynamics underlying market movements in prices and incomes. There is a huge gap between what we can model and what we can observe, and so economic advice is incomplete and frequently contested. The gap is particularly large when it comes to explaining sources of growth and predicting future trends. I don't think mention this as a reason for discouragement, but rather as a reminder of the importance of asking the right questions.
So, for example, in thinking about our growth prospects we have to take into account that we have a comparatively low rate of saving. It is that much more important that we should ensure that investment is well targeted, well planned, and efficiently executed.
We have well-established higher education and research institutions, but its capacity is not unlimited and new research programmes can be hugely expensive. We have a particular need for clear and intelligent advice on priorities for research and technology spending.
The South African economy has important trade, financial and institutional links with the rest of the southern African region and the African continent. Our wellbeing relies in part on successful economic development strategies in our neighbouring countries. We need to understand these links better, and find ways of mediating international economic relations through better institutional arrangements.
In short, South Africa's future depends in no small measure on the intellectual power, innovation and creativity of the community of economists. And I am fully conscious that there will be competing views, there will be noisy debates, we need a varied menu and there will be many different tastes and preferences to accommodate.
I am pleased to be able to share with you advance notice of a new research programme to be supported by the National Treasury, aimed at strengthening cooperation between economic researchers and building on the standards of excellence which have been a hallmark of the Economic Society of South Africa over the past eighty years. The project will be administered through the School of Economics at the University of Cape Town, but it will fund research on a competitive basis throughout the economic community. The Treasury will participate in the project steering committee, but projects will be subject to independent academic peer review. It is also our intention to expand this research project to also include leading economists and experts from elsewhere in Southern Africa and the wider research community, and to promote research capacity building and opportunities for young economists. This is a venture in keeping, I think, with the spirit in which the Economic Society was founded, and I hope that this conference will provide an opportunity for a preliminary gathering of thoughts on some of the pressing research questions that might benefit from more rigorous analysis as part of this new research initiative.
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Provincial Budget and Expenditure Review to Parliament on 15 September 2005.
The Ministry of Finance invites you to a workshop, which will be held on the same day. During the first session National Treasury officials engage with media around spending trends and performance of the following sectors education, housing, health, roads and transport, social development and agriculture.
During the second session Minister Manuel will summarise and also give a broad overview of the 2005 IGFR. Journalists will also be afforded an opportunity to raise questions of clarity with the Minister. The day's events will be followed by a finger lunch.
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The International Monetary Fund has released its 2005 Article IV Staff Report on South Africa.
The Report discusses macroeconomic policies, structural and social issues. In each of these areas South Africa is given positive assessments, including success in stabilising the economy through skilful macroeconomic management and considerable progress in structural reforms.
The Report notes the major policy challenges facing South Africa, which include achieving higher, sustained economic growth, a substantial reduction in unemployment, poverty and a continued fight against the prevalence of HIV/AIDS.
The Government's approach to dealing with these challenges through policies aimed at raising economic growth, combined with targeted initiatives to reduce unemployment and improve social conditions is supported by the IMF. The Report, however, suggests that this strategy could be bolstered by substantial labour market reforms, further trade liberalisation and a substantial improvement in the efficiency of state-owned enterprises.
A copy of the full report is available on the International Monetary Fund's website http://www.imf.org and on the National Treasury's website http://www.treasury.gov.
Should you require further information please contact Ismail Momoniat on (012) 315 5165.
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In celebrating the 60th anniversary of this organisation I would like to highlight the importance of standardisation to the economy as well as pay tribute to those who have contributed their time and expertise to standardisation activities in South Africa.
We live in a world profoundly reliant on product standards. Computers have various standardised protocols to be able to share files and use different hardware and software; faxes can be sent because of common protocol, communication networks share common protocols and all of these have contributed to the world becoming known as a global village. But the need for standards are not new; in 1904, firefighters from neighbouring towns were unable to help fight a fire in Baltimore as their hoses did not fit the hydrants in Baltimore.
In the early years, standardisation was a means to ensure product quality and ensure public safety. It has now become a competitive tool for our industries and businesses, enhancing productivity.
Through standardisation, South Africa can - and indeed has - strengthened the confidence of our trading partners, markets and consumers in our products and services. Technical barriers to trade have been reduced as we have aligned our standards with international standards and we have enjoyed better access to overseas markets for our products and services. Standardisation has enabled our manufacturers and traders to conduct their trade in goods and services with greater confidence. Exports have increased on average 4 percent per year since 1994, which is faster than GDP growth.
When standardisation improves connectivity or the inter-operability of systems, cost savings for an industry is immense. The higher productivity achieved by standardisation of systems, processes and equipment will result in higher returns for all parties concerned. Standards development and compliance are dynamic in nature on the national level and even more so on the international level. Many businesses are aware of the positive trade-off between standards compliance and the competitive benefits to be derived there from. The future export performance, as an important determinant for growth, requires this awareness to become increasingly pervasive among producers.
Initiatives on standardisation have ensured greater competitiveness for South African enterprises and industries making international trade more accessible. Product standards enable competition to focus on efficiency in providing standardised aspects, as well as other additional features of products. This promotes a rise in the general level of product quality, performance and safety. Similarly, management and systems standards help to spread best practise and to raise the general level of performance. South African economic growth will be enhanced by these efforts. As such I must commend the SABS on the e-mark quality control scheme that was developed in line with European directives to facilitate the easy access of pre-packed South African goods to the European Union.
Standards can help to propagate innovations, and hence enable economic benefit to be derived from them by the innovator as well as the consumer. This is done by spreading acceptability of innovation in the market, and by enabling other suppliers to incorporate the innovation into their own products.
The SABS has an enviable international reputation in a number of international standards setting environments. One area where the SABS excels is in phytosanitary regulation and the surveillance of fishery products - the level of industry interaction this requires is to be applauded and should be emulated on all spheres of standards setting for the country.
Other areas where the SABS has a significant international presence are in the electrotechnical industries and its work in the setting of international standards for structural timber - ensuring a labourintensive industry access to international markets. International standards setting in the textiles industry have also been influenced by SABS developments in standards setting, in some cases the SABS standard has been set as the international standard.
The theme for the World Standards day 2005, 'Standards for a safer World' embody much of what is important to us as government. Because it is not only the need for standards to facilitate trade but also the role that standards play in the mitigation of human suffering and material loss that is recognised by government.
Standardisation is a key factor to support government's policies for economic growth, including competitiveness, innovation, reduction of trade barriers, fair trading and protection of consumer interests, environmental protection and public procurement. Used in conjunction with health and safety; and environmental legislation, standardisation can also help government promote better regulation.
The SABS has added value to all sectors of the new democratic society in South Africa. Uniquely South African, I was bemused to hear about the first known standard for donkey carts that was prepared for the Department of Transport of the North West province to support its efforts to ensure safe and affordable transport in rural areas.
Increased participation by industry has created the opportunity for the SABS to provide tailor made training to SMME's to impart knowledge, skills and the capabilities needed to be able to manufacture high quality products and services that conform with national and international standards. Thus, SABS has not only played a role in standards setting and monitoring but is also active in the areas of benchmarking and enhancing firms' capabilities to meet standards. This is exactly the type of intervention needed in our economy to grow the productive base and ensure increased employment and reduce poverty.
In answering questions on coal reserves and our capacity to generate cheap power, ability to covert coal to fuels and earn foreign currency from coal exports, the SABS has been most helpful in setting a standard framework for the reporting of coal resources and coal reserves. Coal reserves and how they are calculated is important for everyone in the coal supply chain.
When the CSIR developed the SuperTagtm technologies in the early 1990's, radio frequency identification was placed on the world agenda. Automation, accuracy and cost-savings are driving businesses overseas to adopt RFID in their supply chain management operations. This technology reduces labour costs, improves efficiency and reduces shrinkages creating huge competitive advantages for companies. The evolution to greater efficiency will involve the creation of international standards for interoperability. It is important for local stakeholders to support the SABS in the international committee so that South Africa not be relegated to a follower.
Government also recognises the role played by standards in reducing human suffering. Standards published for the paraffin wick stove is recognised here. In specifying minimum safety requirements, it is hoped that the 45 000 paraffin related fires (killing between 2 500 and 3 000 people annually and causing extensive property damage) can be reduced.
As the pace of technological improvements advance, product life cycles will get shorter and will put greater pressure on the SABS and its subsidiaries to develop new and up to date standards at a faster rate to meet industry requirements. I am sure that you will be up for the challenge.
"Bureaucrats beware" says a recent press release, " their cherished red tape could soon be a thing of the past, as the standard for it, office tape, has been withdrawn by the SABS." Margaret McCleary of the SABS was quoted as saying ' Nobody appears to want red tape, green tape or any kind of office tape anymore.' I must concur with Ms McCleary, in Government we are also trying to reduce red tape to increase South Africa's economic growth.
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Sales of the RSA Government Retail Bond have reached R 1,572 billion since it's launch in May 2004. 17 782 people have invested with a total of 28 876 investments.
The above interest rates are applicable from 1 October 2005 until 31 October 2005.
The retail bond has attracted new as well as the smaller investors. About 54.5% of the total investors, invested R20 000,00 and less. It is important to note that South Africans from all walks of life have invested in the retail bond.
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Inflation linked bonds (ILBs) were initially introduced in the 1999/2000 financial year as part of the active debt management strategy undertaken by the National Treasury. The ILB portfolio comprises four maturities namely the R198 (3.80%: 2008); R189 (6.25%: 2013); R197 (5.50%: 2023) and the R202 (3.45%, 2033). To date, the ILB real yield curve is fully developed and South Africa is one of the few countries with the maturity extending to the year 2033.
ILB auctions are open to all market participants and have been conducted on a multiple price auction system since their inception.
After consulting the relevant stakeholders, the National Treasury decided to review the multiple price auction system to a single price auction system. This is intended to minimise the winner's curse risk associated with a multiple price auction system.
Accordingly, the National Treasury announces that with effect from 01 October 2005, the ILB auctions will be conducted on a single price (Dutch) auction system through the South African Reserve Bank (SARB).
In a single price auction, all successful competitive bidders are awarded bonds at the price equivalent to the highest yield of accepted competitive bids limited to the auctioned amount.
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My sincere thanks for inviting me to be part of this celebration of Auto & General's 20 years in business.
It is indeed a milestone to celebrate. Few would contest that, over the past twenty years, Auto & General has built a reputation as one of the leaders in the short-term insurance industry, on the back of a history of innovation.
In many ways, Auto & General is a testament to how financial services companies should go about building a sustainable business model in the new South Africa.
exclusion. This translated into a skewed business focus - one that more often than not ignored the needs of the majority of consumers. Isolation also meant outmoded business practices and technologies. Ownership and control of companies was in the hands of a select few, and investment in the development of black staff was virtually unheard of. The result was gross inefficiencies; both in the manner in which our national savings were utilised and in the way in which they were distributed. Such a situation simply could not provide a proper foundation for future sustainability and prosperity.
To my mind, building a solid foundation for the future rests on following a business model that puts the needs of the consumer at the heart of what a financial services company does. The experience of Auto & General is testimony to the fact that research and innovation around better serving the needs of consumers is a recipe for long-term success and sustainable growth. Sadly, this is not a lesson heeded equally across all quarters of the financial sector.
While these concepts have firmly taken root, there is still much to be achieved - and tested.
As recent experiences across the Atlantic Ocean from us have illustrated, it is often only in the wake of disaster that consumers realise their true insurance needs. Thousands of American homeowners affected by Hurricane Katrina are them against natural disasters may in fact be virtually worthless.
The process of adjudicating several millions of insurance claims has barely begun, but already Hurricane Katrina is posing a vexing set of insurance problems. Much of the damage along the Gulf Coast was caused by a surge of water that rose as high as 30 feet, the biggest storm surge ever recorded in North America. That surge was technically a flood, even though it was produced by a hurricane, and is not covered by standard U.S. homeowners' insurance. A second, figurative, storm is brewing over how much of the hurricane's damage should be attributed to flooding.
A more interesting question to me is the extent to which these individuals were aware of the fact that their homeowner policies excluded flood damage How many people now find themselves on the verge of destitution because of exemptions that were included in the fine print?
Herein lies the true test. If we are serious about raising standards of consumer service and protection, are we sure that enough is being done to make the policyholder aware of every eventuality?
Auto & General has certainly led the way in terms of plain-language policies and for this praise is due. However, it strikes me that the majority of consumers and what they can expect in the event of suffering damage to, or loss of, property. We cannot be satisfied until such time as policy exemptions are disclosed in the contractual equivalent of flashing red lights. Even then, health warnings are not enough. Consumer education remains critical and insurance companies must ensure that brokers and intermediaries play an active part in these efforts. Our policy thinkers and regulatory authorities will continue to engage on disclosure standards, to ensure that terms and conditions are standardised, clearly understandable and comparable across service providers. Where industry practices continue to expose consumers to abuse, we will not hesitate to legislate.
Going forward, a sustainable foundation for growth is not only going to be about developing products and services that are appropriate to consumer needs, but also about ensuring that access to insurance products is extended to markets which were previously marginalised or excluded.
Statistics from recent FinScope surveys indicate that penetration levels for shortterm insurance products amongst individuals in the LSM 1-5 income groups is a meagre 0.2%. While statistics will always be open to dispute, this is a stark reflection of the fact that existing short-term insurance products are neither appropriate nor affordable for the low-income segments of our society.
evident that the financial sector is failing in its potential to extend a helping hand in bridging the divide between the haves and the have-nots. An integral part of enabling people to emerge from structural poverty is access to appropriate and affordable products for transactional, savings and risk mitigation purposes.
There is both a moral and economic imperative on financial sector companies to transform their products and practices to serve this untapped market. Tackling this challenge requires innovation and courage, as well as a partnership amongst all stakeholders.
In this regard, a commitment such as the Financial Sector Charter would have been virtually unthinkable 10 years ago. The Charter has the potential to demonstrate the power of long-term partnership over pure individualism and myopia. By embracing transformation as the only way to ensure a sustainable and successful financial system, the Charter attempts to bridge the economic and social divide.
In practical terms, the power of shared Charter commitments is evident from successful initiatives such as the Mzansi bank account. Mzansi has removed the blinkers from the eyes of sceptics who believed that initiatives aimed at the lowincome sector were not worthwhile. I welcome the progress made in the shortterm insurance sector on a proposed Mzansi-style product aimed at addressing on dwellings and household contents against catastrophes such as fire and weather related perils, as well as theft. The National Treasury, in partnership with the other constituencies of the Financial Sector Charter, is in the process of evaluating these proposals in relation to generic access standards.
To be truly meaningful, empowerment has to be broad-based. This is why the Charter does not merely focus on ownership targets, but also extends its vision to wider aspects of empowerment, including the access to finance commitments I have just discussed, as well as human resource development, enterprise development and targeted investment.
To my knowledge, of the 54 short-term insurers who are members of the South African Insurance Association (SAIA), only two have black CEO's1. There are only 3 female CEO's, all of whom are white. The overwhelming majority of board members are also white males. The figures speak for themselves: there is an urgent need for insurance companies to transform their boards and management structures. But I have warned before about the perils of short-termism and headhunting. The industry must commit itself wholeheartedly to training and the development of black managers from within.
Secondly, in the area of procurement, the current panel system of approved suppliers to carry out repairs cannot be allowed to become an obstacle to empowerment and transformation. Targeted procurement is a strategy that has been set out in both the Financial Sector Charter and the Preferential Procurement Act in order to redress the inequalities of the past. While progress is being made in this regard, it has to be questioned whether this is happening fast enough to contribute to the development of the black SME sector in this country. While there is clearly a need for a system that controls quality and guards against fraudulent practices, the criteria for selection should be reviewed so that insurance companies provide assistance where necessary for black SME suppliers to upgrade their capacity. This in turn will represent a commitment to Enterprise Development as outlined in the Charter.
In conclusion, I hope I have shed some light on a number of areas where we have a shared task of laying a new foundation. This may sound daunting at a time when we are gathered to celebrate how much has already been achieved by Auto & General. But I'm sure that, at 20 years young, you all have more than enough energy for the task ahead.
Congratulations and thank you.
<fn>GOV-ZA.2005100601En.2012-02-10.en.txt</fn>
The event will be followed by a short media briefing and photo opportunity.
<fn>GOV-ZA.2005101001En.2012-02-10.en.txt</fn>
The Minister of Finance expresses his concern about the ongoing attack on the Pension Fund Adjudicator (PFA) by the Life Officers' Association (LOA) in reaction to recent PFA rulings.
The Ministry strongly condemns the manner in which the LOA has chosen to undermine the integrity of the PFA through its confrontational public statements. The Office of the Pension Fund Adjudicator is an important public entity established by statute, specifically mandated with the protection of rights of the thousands of retirement fund members. The Ministry has full confidence in the integrity and the abilities of Mr. Vuyani Ngalwana, the Pension Fund Adjudicator. It is imperative that all stakeholders in the financial sector respect the integrity of the institution, and make use of the institutional processes available to them when seeking to challenge PFA rulings.
The comments attributed to the Financial Services Board (FSB) by the LOA are also mischievous, as pointed out separately by the FSB in a statement in which it reaffirms its support for the independent role and processes of the PFA.
The Ministry shares the concern raised by the PFA regarding weaknesses in the system of consumer protection in those sectors of the long term insurance industry that are outside the jurisdiction of the PFA. It is important that similar standards of regulation and supervision are applied consistently across all segments of the financial sector. This area is currently under review by the National Treasury and the FSB, to ensure that our policy is designed to protect consumers through enhanced market conduct regulation and continued financial stability.
Certain aspects of the PFA's determinations are currently the subject of judicial review by the High Court. Irrespective of the outcome of this judicial process, it is clear from the determinations of the PFA that there are a number of problems in the long term insurance sector that require an adequate response from the industry. The National Treasury and the FSB are currently examining reform proposals relating to cost structures and penalty charges in the retirement fund industry.
The statements by the LOA are doubly damaging in that they not only question the integrity of a public institution tasked with the protection of consumers, but by doing so also create the impression that the long term insurance industry does not concern itself with issues of equity and fairness. Not only does the Ministry call upon individual members of the insurance sector to distance themselves from the LOA comments, but also calls upon the industry to come forward with clear proposals on reforms that address both existing insurance policies and those issued in the future.
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of the Promotion of Access to Information Act, 2000Act No.
per annum; and..
of the Act do not apply to a record requested by a maintenance officer or maintenance investigator for purposes of a maintenance investigation or inquiry in terms of the provisions of the Maintenance Act, 1998 (Act No. 99 of 1998)or the regulations made under section 44 of that Act.
of the Fourth Schedule of the Income Tax Act, 1962 (Act No.
contributions in terms of section 5 of the Unemployment Insurance Contributions Act, 2002 (Act No.
contributions to any medical scheme registered under the provisions of the Medical Schemes Act, 1998(Act No.
of the Income Tax Act, 1962 (Act No.
contributions to pension funds in terms of section 13A of the Pension Funds Act, 1956 (Act No.
maintenance paid in terms of a court order; and school fees, except school fees paid to a private school.
<fn>GOV-ZA.2005102101En.2012-02-10.en.txt</fn>
Master of Ceremonies Distinguished Board Members and Executives Dear Friends Thank you for the opportunity to share this evening of great celebration with you. The right to celebrate has been well earned. We are celebrating the fact that through the ABSA transaction, Barclays has become the largest bank on the African continent. Moreover, we are celebrating the fact that this new and enlarged Barclays bank and this new and invigorated ABSA have greatly enhanced their own opportunities for growth and development.
There can be few economic opportunities as exciting as Africa anywhere in the world. Sure, the base is low and quite a few bureaucratic hiccups remain - but these only render the challenge, and therefore the rewards, much greater. Increasingly, we must see Africa as a single continent, a single market comprising some 800 million people. Fifteen years ago, too many analysts considered China a rural, underdeveloped backwater and a decade ago, the views on India were not dissimilar. Today, you couldn't find any person who would admit to having held such heretic views then - it's as with apartheid in South Africa - today the vision is, in fact, one Chindia: a continent with one third of the world's population, and eighty percent of the world's opportunities. Our challenge is to think similarly about Africa - one continent, one market and one huge set of opportunities.
On the occasion of the formation of the African Union in July 2002, President Mbeki said, By forming the Union, the peoples of our continent have made the unequivocal statement that Africa must unite! We as Africans have a common and a shared destiny!
Together, we must redefine this destiny for a better life for all the people of this continent! He proceeded to explain how we must build all manner of institutions, including the private sector, to maximize the impact and change our continent for the better.
This is also the raison d'tre of NEPAD, this was the fuel for Commission for Africa report, this vision formed the Africa Action Plan confirmed by Heads of State at their July meeting in Gleneagles. This idea continues to energise so many of us?
Yet, I want to take a heretic view - of course the institutions we establish as governments are exceedingly important, and when we meet in Pan-African institutions, as Finance Ministers or whatever, we have very important discussions. However, I am humble enough to know that many of the changes we desire, come from outside of ourselves. The African experience on telephony is exceedingly humbling for those in governments - the link, the connectivity the change, was driven by cellular telephony that actually had little to do with governments. Similarly, I believe that economic integration will be led by financial integration -which requires strong, capable and well-regulated banks.
We, as South Africans, have explored the idea of using our own strengths in order to develop the Financial Centre for Africa. Not as an imposition, but more as an organic development of the strength that we enjoy across the financial services industry. We appreciate that there are two ways to grow the sector - firstly by enlarging the geographic spread, and secondly by deepening the number of participants through access to services. In respect of the latter, we have the wonderful experience of having grown the banking sector by the addition of 1.75 million Mzansi account-holders who twelve months ago did not feature as a priority for the banks who now relish their clientele. In respect of geographic spread, we need to enlist partners who have the footprint, the vision and the determination to rise to the African challenge.
Indeed, the experience from all over the world of the vital role that financial services play in unleashing development potential is likely to hold true in Africa also. Financial services shouldn't wait until all of the building blocks of economic integration are in place, in many respects, it will be a lead sector. So, please, I enlist the energies of Barclays PLC and all its constituent parts on the African continent as allies in the cause of integration!
Yes, there will be glitches and bureaucratic difficulties that we in governments create - but if we are in partnership with the private sector and if we are in regular communication, then we will overcome those. All of Africa beckons! I am convinced that this new venture infuses technology, as the cultural shifts take root within the institution and as the rate of learning accelerates, Africa will be much the richer for it. Similarly, I know that this venture will see the growth of banking automation, the diffusion of payments and clearing systems and also rapidly improved supervision. We'll achieve all of these goals in shortest possible time only if we commit to the partnership between banks and governments.
The African vision is exceedingly important. It will hold us together on course. But, I do not want to appear blasé about the value of your decision to invest in South Africa. You know that this is the largest single foreign direct investment to have been made into South Africa to date. I am sure that the decision was weighed against other prospects, and as a country we are thankful that you chose to invest here. We are humbled by the fact that your decision is a huge vote of confidence in our macro-economic management. I want to give you the assurance that your timing was superb - as you are settling in, we are working through the detail of the next phase of accelerated and shared growth and we want you to be a part of that new venture.
Well, now that we have you, let's tackle Project Africa together. But first, let's celebrate this evening.
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The National Treasury has previously indicated its intention to split all the three-legged RSA Government Bonds (R150, R153, R194, R157 and R186) and issue only bullet bonds. In general the market participants agreed to the need to split these bonds, but some participants were concerned about the impact on the liquidity in these bonds. The National Treasury decided to offer the split facility to the market on the R150 bond when the first leg was close to its maturity date. A similar split facility is now envisaged for the R194 RSA Government Bond.
The Asset and Liability Management division of the National Treasury will embark on a split programme for the R194 bond as of 1 November 2005.
The R194 bond has three redemption dates, 28 February 2007, 28 February 2008 and 28 February 2009. According to the terms and conditions of the R194 bond, a holder who has invested, e.g. R3 million (nominal) in the R194 bond, will be repaid R1 million on each of the above mentioned redemption dates.
Holders may surrender their holdings (registered in Central Depository) or certificates (registered in own name) for replacement as of 01 November 2005.
If a holding in the R194 bond is not fully devisable by one third, the R007 and R196 legs will be rounded to the nearest one rand and the remaining portion will be added or subtracted from the middle tranche R195.
Holders with electronic holdings at the Central Depository are requested to contact their settlement agents to effect the split on their behalf.
The Asset and Liability Management division would like to stress that the split of the R194 is totally optional. The option to split will be available until the first maturity date (28 February 2007) as per terms and conditions of the R194.
One third of the nominal amount, rounded off to the nearest R1,00 will be redeemed on 28 February 2007, after which the remaining two-thirds balance will be split amongst the R195 and R196.
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The second quarter provincial budget report covers spending for the first six months of the 2005/06 financial year, which ended 30 September 2005.
Provinces have spent 46,8 per cent of their main budget, or R100,1 billion of R213,7 billion.
Provinces spent 40,4 per cent or over R4,8 billion of their R11,9 billion combined capital budgets.
Personnel expenditure by provinces is at 48,7 per cent or R47,1 billion of the R96,7 billion budget including the recent public service increases.
The greatest potential spending pressure is in education departments, where provinces have spent 49 per cent or R34,4 billion of their R70,2 billion budget, an increase of R4,3 billion or 14,2 per cent over the same period last year. However, capital expenditure in education is relatively low at 34,1 per cent or R978,8 million for the first six months.
Health expenditure is at 47,2 per cent or totalled R21,7 billion, which is R3,4 billion higher compared with the same period last year. Capital expenditure in health is lower at 35,2 per cent or R1,2 billion, however, it is substantially higher compared to the same period last year.
The highest share of provincial capital budgets is for public works, roads and transport departments at 36 per cent. The sector spent 50,7 per cent or R2,2 billion against its total capital budget of R4,3 billion after the 2nd quarter of the financial year.
Provincial own revenue collected thus far is at 55,9 per cent or R3,3 billion of the total own revenue budget of R5,9 billion. National government has transferred R70 billion of the equitable share, and R38,7 billion in conditional grants to provinces, during the first six months of 2005/06.
The budgeted figures for provinces are based on the 2005/06 provincial budgets (main budgets) tabled in March 2005.
This analysis is based on the statement of receipts and payments, published by the National Treasury on 28 October 2005 and is available on the treasury website www.treasury.gov.za. The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury by 15 October 2005, and submitted to the National Treasury by 22 October 2005. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
The information presented here is restricted to financial information only, but provincial departments should be in a position to provide complementary non-financial performance information at least up to the first quarter (as such information comes with a longer lag of 2 to 4 months) relative to the targets set in their Strategic and Performance Plans tabled in provincial legislatures. Such information is necessary to measure outputs and performance and to assess value for money. This second quarter information will provide a valuable basis for determining potential overspending pressures which provinces must take into account when preparing their adjustment budgets.
Table 1 indicates that provinces have spent 46,8 per cent or R100,1 billion of budgeted expenditure after six months into the current financial year. Spending to date is at the same level in percentage terms against spending over the same six month period in the 2004/05 financial year. However, in nominal terms, spending is 14,6 per cent or R12,8 billion higher than for the same period last year when provinces had spent R87,3 billion. Between provinces, spending ranges from the lowest share of 45,4 per cent in Limpopo and 45,8 per cent in North West to the highest at 49,8 per cent in Mpumalanga and 49,3 per cent in Northern Cape.
Social services budgets total R175,8 billion, and comprise 82,3 per cent of the total R213,7 billion provincial budget in 2005/06. Table 2 indicates that provinces spent 47,7 per cent or R83,9 billion of the budgeted R175,8 billion for the three social services (education, health and social development). This is 15 per cent or R10,9 billion more than spending over the same period in 2004/05.
Social development budgets at R59,7 billion comprise 27,9 per cent of total provincial budgets.
The second quarter spending figures indicate that provincial social development budgets have stabilised. Provinces registered spending of 46,5 per cent or R27,8 billion of their R59,7 billion budget (Table 3). This represents an increase of 13,2 per cent or R3,2 billion above the R24,5 billion spent over the same period last year.
Between provinces, there are varying degrees of year-on-year growth in spending with Mpumalanga spending 28,8 per cent and Gauteng spending 27,8 per cent more while North West reflects a decline of 1,7 per cent and Eastern Cape increasing only 6,1 per cent.
Table 4 reflects social grants beneficiary numbers by type of grant and by province over the six month period ending September 2005. There is a steady average monthly growth in beneficiary numbers of 2,4 per cent over the six month period rising from 8,8 million in April to 9,9 million in September 2005. The bulk of beneficiaries are for the take-up of Child Support grants (6,2 million beneficiaries) and Old Age (2,1 million beneficiaries) which includes Grant-In-Aid take-up for the month of September. Child Support Grant beneficiaries reflect the highest monthly average growth of 3,8 per cent. Between provinces, KwaZulu-Natal and Eastern Cape have the highest number of recorded beneficiaries at 2,2 million and 1,9 million beneficiaries followed by Limpopo at 1,5 million. Mpumalanga has the most volatile fluctuation in beneficiary numbers rising sharply in May and then steadying over June through September. But Mpumalanga still reflects the highest average monthly growth of 23,8 per cent over the six month period.
Excludes "Social Relief of Distress" which is included in the overall Social Assistance Transfers Grant.
The Old Age Grant includes "Grant-in-aid".
Table 5 reflects social grant payments by type of grant and by province over the six month period ending September 2005. As with beneficiary numbers, there has been a steady average monthly growth in grant payments of 2,4 per cent over the six month period rising from under R4,0 billion in April to almost 4,5 billion in September 2005. The majority of payments are for Old Age (R1,8 billion) which include Grant-In-Aid payments, Child Support grant payments (R1,3 billion) and Disability grant payments (R1,1 billion) in September 2005. Care Dependency (3,4 per cent), Child Support (3 per cent) and Old Age (2,8 per cent) grant payments have the highest average monthly growth over the six month period. Between provinces, KwaZulu-Natal and Eastern Cape records the highest payments of social grants of R981,3 million and R798,6 million followed by Gauteng at R677 million. Gauteng and Mpumalanga have the highest average monthly growth in social grant payments of 10,6 per cent and 5,9 per cent respectively.
Education budgets of R70,2 billion comprise 32,9 per cent of total provincial budgets. Table 6 indicates that education expenditure is at 49 per cent or R34,4 billion of the total education budget, an increase of 14,2 per cent or R4,3 billion compared to the R30,1 billion spent over the same period in 2004/05. Spending between provinces for education ranges from the lowest rate in North West at 48,1 per cent and Mpumalanga at 48,7 per cent to the highest in Northern Cape at 51,9 per cent and Gauteng at 49,7 per cent.
The bulk of education expenditure is on personnel, amounting to 50,3 per cent or R28,9 billion of the education personnel budget of R57,5 billion. Spending on goods and services (mostly learner support material) in education is recorded at 36,3 per cent or R2,3 billion of its R6,3 billion budget.
Education capital expenditure is somewhat low at 34,1 per cent or R978,8 million of the R2,9 billion budget. However, this is marginally higher than the R942,4 million spent on capital over the same period last year. Spending between provinces ranges from the lowest in KwaZulu-Natal at 14,8 per cent and Northern Cape at 28,5 per cent to the highest in North West at 60,5 per cent and Western Cape at 58,4 per cent.
Health budgets totalling R45,9 billion comprise 21,5 per cent of the total provincial budget. Table 8 indicates that health expenditure is at 47,2 per cent or R21,7 billion of the total health budget, representing an increase of 18,5 per cent or R3,4 billion compared to spending after the second quarter of the 2004/05 financial year.
Limpopo health has spent the lowest share of its budget after the first six months at 40,7 per cent with Western Cape spending 45,5 per cent. The highest shares are recorded in Eastern Cape and Northern Cape both at 51,2 per cent.
Capital expenditure in the health sector is relatively low at 35,2 per cent or R1,2 billion. However, this is significantly higher at 61,3 per cent or R467,9 million more than the R763,7 million spent for the same period last year (Table 9). Between provinces, the lowest rate of spending is in Limpopo at 18,6 per cent and North West at 23,4 per cent with Gauteng and KwaZulu-Natal recording the highest rate of spending at 57,7 per cent and 44,2 per cent respectively.
Provinces have spent 40,4 per cent or over R4,8 billion of their R11,9 billion capital budgets ("payment for capital assets"). This is significantly higher (31 per cent or R1,1 billion) than the R3,7 billion spent over the same period last year.
Table 10 also provides capital spending information by province, which indicates significantly low rates of spending in Limpopo at 28,8 per cent and North West at 35,8 per cent to the highest in Mpumalanga at 52,4 per cent and Gauteng at 48,9 per cent. In absolute terms, KwaZulu-Natal has spent the most at R1,2 billion followed by Eastern Cape at R717 million and Gauteng at R712 million.
It should be noted that the Integrated Housing and Human Settlement Development grant (formally the housing subsidy grant) is now classified under transfers and subsidies, and not capital.
The biggest capital budgets in provinces are in public works, roads and transport departments at 36 per cent or R4,3 billion of the total provincial capital budget of R11,9 billion. Spending for these departments is relatively higher than in other sectors at 50,7 per cent or R2,2 billion which is appreciably higher at 31,6 per cent or R521,4 million more than the R1,6 billion spent last year over the same period. Between provinces, the lowest rate of spending is recorded in Limpopo at 36,9 per cent and Northern Cape at 37,9 per cent, whilst Mpumalanga and Free State recorded the highest rates of spending at 70,6 per cent and 63,5 per cent respectively.
As noted above, the Integrated Housing and Human Settlement Development grant (formally the housing subsidy grant) expenditure is no longer treated as capital. Table 12 indicates that provinces spent 44,3 per cent or R2,1 billion of their R4,8 billion housing conditional grant. These spending figures are a significant improvement compared to last year with spending increasing by 25,7 per cent or R439 million from R1,7 billion over the same period last year.
Table 13 (overleaf) reflects spending on all 2005/06 conditional grant allocations as at 30 September 2005 for all provinces. It excludes conditional grants rollovers from the 2004/05 financial year and spending on general conditional grants (schedule 4) like National Tertiary Services, Hospital Professions Training and Development, and the Provincial Infrastructure grants, as reporting against these grants cannot be separated from the province's health and capital budgets. Spending on the Comprehensive Agricultural Support Programme and Integrated Housing and Human Settlement Development grant (also schedule 4) is subsumed in a range of programmes across provincial departments and therefore no separate reporting is required.
The total conditional grant allocation for all grants is at R74,6 billion (excluding rollovers) with social development making up the bulk with R55,9 billion. Against the total allocation, the rate of conditional grants spending (excluding schedule 4 grants) amounts to 40,3 per cent.
Specific grants that show low spending include Hospital Revitalisation (29 per cent), Hospital Management and Quality Improvement (29,4 per cent), Mass Sport and Recreation Participation Programme (32,1 per cent), Social Assistance Administration grant (36,8 per cent), HIV and Aids (Education - Life Skills) (36,9 per cent) and Integrated Nutrition Programme (Health) (37 per cent). Overall only two grants, namely Human Settlement and Redevelopment and Land Care Programme have recorded spending of over 50 per cent against total available funds excluding rollovers.
Provincial roll-overs, as submitted by provinces in their In-Year Management, Monitoring and Reporting model, amount to R785,6 million which includes rollovers for Integrated Housing and Human Settlement Development of R308,5 million, Provincial Infrastructure of R93,1 million, Hospital Revitalization of R89,1 million and Social Assistance Transfers grant of R60,3 million amongst others which are excluded from the table, but are available for spending during the 2005/06 financial year.
National departments administering the above conditional grants, monitor transfers, spending and outputs on the conditional grants they administer.
Table 14 below indicates that provinces are spending slowly on conditional grants excluding the schedule 4 conditional grants. It indicates that five or more provinces have spent less than 35 per cent of their grant budget after six months for the following grants: Land Care Programme, Hospital Revitalisation, Hospital Management and Quality Improvement and Mass Sport and Recreation Participation Programme.
The table also indicates the number of provinces spending at slightly higher levels between 35 and 45 per cent (inclusive) and greater than 45 per cent of their conditional grant budgets. Although the rate of spending is encouraging and improved over previous financial years, overall spending still lies below average.
Percentages represent actual expenditure of main budget as published in the Division or Revenue Act, 2005 (Act No.1 of 2005).
Personnel expenditure ("compensation of employees") is at 48,7 per cent or R47,1 billion of the R96,7 billion budget. Spending to date is 12,2 per cent or R5,1 billion higher than the R42 billion spent last year. Free State and Western Cape recorded the lowest rates of personnel spending at 47,2 per cent and 47,3 per cent respectively while Eastern Cape and Limpopo recorded the highest rates at 50,2 per cent and 49,9 per cent respectively.
Provincial Revenue includes budgeted equitable share allocations of R134,7 billion, conditional grants of R74,6 billion and own revenue of R5,9 billion.
National government transferred 52 per cent or R70 billion of the equitable share, and 51,9 per cent or R38,7 billion in conditional grants, to provinces after six months of the current financial year.
After six months, provinces have collected 55,9 per cent or R3,3 billion of budgeted own revenue of R5,9 billion.
The total provincial revenue received and collected to date is recorded at 52,1 per cent or R112 billion of total budgeted total revenue of R215,2 billion.
The R5,9 billion budgeted amount is slightly less than the R6,2 billion collected in the previous year (2004/05). The R3,3 billion collected thus far is 23,6 per cent or R630,6 million more than what was collected by the end of September for the previous financial year. The collection rate varies from 42,7 per cent in North West and 48,2 per cent in Limpopo, to a high of 77,2 per cent in Eastern Cape and 74,6 per cent in Mpumalanga. It appears at this stage that most provinces will exceed their collection of budgeted own revenue projecting to over collect by 7,4 per cent or R435,1 million.
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To attain growth levels of 6 percent and above it becomes critical for South Africa to ensure macroeconomic stability underpinned by an ethical business environment. This stable, transparent business environment plays an important part in generating investor and consumer confidence.
Hence measures to limit business failures and unethical behaviour are necessary ingredients to sustainable growth both for developing and developed countries. The failure or collapse of a business can have catastrophic affects as recently experienced in South Africa, the United States, Europe and other parts of the world. This impacts on the economy in general and specifically on workers or investors that have worked or invested in a business; it would be prudent to minimise or to eliminate such losses. This, Madam Speaker, underlines the important role that auditors play in assuring the investors, whose savings are risked in these businesses, that their savings are well looked after.
The world has recently seen corporate failures of such devastating proportions that the question of protecting the public interest features prominently in most governments' regulatory reforms. Part of the reason why these corporate failures materialise relates to what Joseph Stiglitz terms the natural asymmetries of information - some people have information that others don't. Professions like the auditing profession emerged to close this gap.
The list of the best selling books, during the past eighteen months, is littered with tales of how the greedy actions of a few have had grave consequences for the world economy. The effect of these actions has been the collapse of pension funds, job losses, financial market disruptions, government bail-outs, etc. These events serve to underscore the importance of the role auditors' play in protecting the public interest.
Since the amendment of the Public Accountants and Auditors Act in 1991, the challenge has been how the auditing profession reforms itself in order to ensure its relevance in the future. However, the process has been slow. Corporate failures such as that of Enron, Parmalat, Masterbond, Regal, Saambou gave renewed urgency to the conclusion of these reforms, particularly those relating to the governance of the profession.
One of the lessons learnt from these failures is that corporate governance dispensations applied were either irrelevant or inadequate. A need for an effective regulation is apparent. Joseph Stiglitz accepts that accuracy of information could not always be assured but at least the incentives could be aligned. Equity options distort managerial incentives while consulting distorts auditors' incentives. Ineffective liability provisions in the legislation do not help.
One of the important elements that underpin good corporate governance is the independence and accountability of auditors. An impression is often created that the auditor's accountability is primarily to the directors of the audit clients. Nothing could be further from the truth. Shareholders appoint auditors. The financial statements, on which the auditors express an opinion, are used by a variety of stakeholders whose interest in these statements is direct and unambiguous.
Government interested in receiving fair taxes, creating jobs, ensuring equity, economic growth, attracting investments, etc.
The aftermath of the corporate failures referred to earlier reflect the magnitude of the responsibilities the auditors have to a wide group of stakeholders.
65% of auditors' thought the quest for lucrative consultancy work had made audit a loss leader.
62% of auditors believed their independence had been impaired as a result at least to some degree by the desire to gain lucrative non-audit work.
83% of companies thought auditors' independence had been impaired by the quest for lucrative non-audit work. These developments compromised the effectiveness of self-regulation, a cause for concern for regulators.
While the object of the current legislation is to protect the public interest, it still lacks effectiveness to ensure the independence of the regulatory institution and the accountability of the auditors. The Bill currently before Parliament focuses on creating the framework for the regulation of registered auditors as opposed to imposing a set of rules. It also seeks to enhance the independence of the regulatory board, enhance its effectiveness and provide the regulatory board with sufficient powers to carry out its duties. It seeks to ensure that auditors recognise their primary role of protecting the public interest.
The Government of South Africa, represented by the National Treasury, should perform an oversight function with regard to the operations, decisions, and objectives of the IRBA.
It thus the intention of the Bill before us today, Madam Speaker, to ensure that the auditors conduct themselves in a manner fitting the enormity of their responsibilities. It seeks to ensure that they exercise their duties with independence and are also accountable for their actions. It provides a modern framework of regulation that gives credence to the object of protecting the public interest.
I present the Auditing Professions Bill for your consideration.
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The Prevailing Interest Rates are applicable from the first day of the month (1st December 2005) until the last day of the month (31st December 2005).
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The Public Service Commission, as you are aware, is mandated by the Constitution to promote professional ethics in the public service. In pursuance of this mandate, the Commission has engaged itself on own accord and/or on request from Cabinet, in a number of initiatives in the promotion of professional ethics and the fight against corruption. In doing so the Commission has formed part of strategic partnerships that involve all sectors of our society. Indeed some of the initiatives have come from the strategic partnerships, like the National Anti-Corruption Forum which is fast becoming a key role player in the combat and prevention of corruption. It is of utmost importance that there is visible commitment to engage with corruption in the public service and promote a professional ethos.
We are therefore grateful that Directors-General of all government departments deemed it fit to sign the Public Service Pledge at a meeting of FOSAD as a mark of commitment to leadership in leading the campaign for integrity in the public service and service delivery to all our peoples.
The Public Service Pledge itself emanated from the implementation of the Public Sector Anti-Corruption Programme by the Anti-Corruption Co-ordinating Committee (ACCC). The motivation is to galvanize public servants across the country to pledge themselves to perform their tasks in the public interest and to do this with integrity, creativity and innovation.
It is perhaps appropriate to recall here one of the resolutions adopted at the Second National Anti-Corruption Summit held in March 2005 in Pretoria.
"To promote leadership in all sectors of society that is committed to the creation of a culture of integrity and to restore confidence in the fight against corruption."
I would like to believe that the signing of the Pledge this morning is indeed more than a symbolic creation of a culture of integrity in our civil service community.
After the signing of the Pledge by the Directors-General here today, it is of utmost importance that this commitment be cascaded downwards to all officials. You are committing yourselves to that task this morning.
It may be fortuitous that the "International Anti-Corruption Day" will be celebrated on the 9th December 2005. It will be appropriate for departments to use this annual event to obtain the commitment of all staff members in line with the Pledge. You can plan a launching event on that occasion for the Department or the Province, where Heads of Department can sign the pledge also.
Thank you once again to FOSAD for the opportunity afforded us today for this signing ceremony. May the commitment of today become a burning flame not only for the Director's-General gathered here today, but for all the staff in the respective departments. Only then will we begin to realize the principle of Batho Pele - putting the public interest first!
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The Minister of Finance, Trevor Manuel, MP, met today with the CEOs of the major life offices and their representative body, the Life Offices' Association of South Africa ("LOA"), in an endeavor to find an effective solution to complaints raised by individuals to the Pension Funds Adjudicator relating to charge structures and membership entitlements from savings products, in particular the costs of early termination. The Adjudicator has made determinations on a number of these issues, especially with respect to retirement annuities. Some of these determinations have already been tested in court.
We operate from the premise that the retirement fund industry is regulated, supervised and licensed. The Act of licensing a fund or insurer is a permit to render a service in the letter and spirit of the relevant legislation, in exchange for which fees can be earned.
We are mindful of the fact that it is the responsibility of government, the private sector and all of civil society to raise the culture of savings and that in the tradition of South Africa, contractual savings for retirement funds make up the largest part of the savings pool available for investment.
It is clear that since the introduction of savings products like retirement annuities in the 1960s, circumstances have shifted; it is appropriate that we evaluate whether business models have changed to keep pace. Of particular concern is that risks have shifted increasingly towards the individual, particularly in respect of defined contribution retirement funds and market-linked instruments. This has been the context of the Adjudicator's determinations.
We have had to evaluate whether the legislative support for the protection of savings and the quality of supervision are adequate.
Against this backdrop then, we have been able to reach agreement on a Statement of Intent with the major companies in the insurance industry and their representative body. The terms of the Statement of Intent broadly cover an understanding that the expectations of consumers in respect of the net returns from retirement annuity fund member policies and other savings policies have not been met, particularly in the context of early premium cessations. Further, the conditions of macroeconomic stability that now obtain, including a lower inflation rate, has brought the issue of charges into sharp relief as a proportion of policy holders returns. Further we would like to draw on the experiences that has arisen from individual complaints and move to a general climate of certainty that is more durable in nature. This certainty must provide for the policyholders, long-term insurers and regulators alike.
The key elements include an agreement to meet minimum fund values of 65% going back to 01 January 2001 for cases of early premium termination and premium reductions with respect to retirement annuity fund member policies and other savings products, such as endowment policies, that remain on the books of the insurers. Following further consultation on, and finalization of revised commission regulations, these minimum standards will be increased to at least 70% of fund value.
Arriving at the decision of both retrospective timelines and percentages has been exceedingly difficult.
We consider this agreement to be a great step forward. We are of the view that it provides a measure of restorative justice, a bulwark against systemic risk, sufficient incentive to ensure people remain policyholders, and simultaneously will encourage savings in the future. We will need to take this matter forward to ensure higher levels of certainty. To this end, we will ask the representatives of the life offices to mobilise the support of their boards of directors. We will ask the Financial Services Board (FSB) to ensure higher standards of supervision and we will prepare for the legislative changes to provide the certainty. The benefits of this will accrue only if there is the widest possible communication which ensures that the long term insurers will meet their obligations and that policyholders are more vigilant than they have been in the past.
The Minister of Finance would like to express a special word of appreciation to the many individuals and agencies that have brought us to this point, including the initial work done by the actuary Mr Rob Rusconi, the tireless efforts of particular journalists, the boldness of the Pensions Fund Adjudicator, and the involvement of the agencies of the FSB.
The Minister would also like to express his appreciation to the staff of the National Treasury and LOA.
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Madam Chancellor, Rector and Vice-Chancellor Professor Brink, Members of Faculty, Parents, Friends, Graduating Students...
In 1925, a young graduate of the University of Stellenbosch published an extraordinary work of scholarship and social analysis, entitled A Critical Survey of the Development of Education Administration in the Cape, Natal, Transvaal and the Orange Free State: 1652-1922. It remains today a most informative and insightful study of the early origins of South Africa's education system. On the strength of this detailed review of the four provincial systems that had evolved over the previous 270 years, Ernst Malherbe called for their unification into one national system of education.
"If we are going to build up a united South African nation, the sooner we start the better. If children are housed in the same building, though they are in separate classes, they meet each other on the play ground, play in the same foot-ball, basket-ball, and cricket teams, and are bound to understand each other better," he wrote.
Dr Malherbe's vision of a united nation was largely focused on the divisions within white South Africa. But his proposal in 1925 for a national system of education, organised in seven regions, also allowed for an Assistant Superintendent to oversee a division of what was then called "native education" within the unified national Department of Education. He pointed out that in 1920 the Cape Province was contributing £1.3 per pupil in grantsin-aid for black education, while the Orange Free State was spending £0.2 per pupil. "These disabilities," he wrote, "are causing a good deal of discontent among Natives." A Union system of control of education was needed, in order to secure fairness and advancement of black education, in the interests of the country as a whole.
Malherbe went on to found the National Bureau of Educational Research, which subsequently became the Human Sciences Research Council. He served as the Director of Census and Statistics in 1939 and 1940 and as Director of Military Intelligence and the Army Education Services during the Second World War. He is remembered within the higher education community as the Principal and Vice-Chancellor of the University of Natal from 1946 to 1965 and the author of a vigorous defence of academic independence published under the title Die Outonomie van ons Universiteite en Apartheid.
But his vision of a united education system remained unfulfilled, and Malherbe became increasingly disillusioned with the concept of nationhood that came to dominate South Africa's political life and education system. In 1977, fifty-two years after publishing his early doctoral treatise, Malherbe published Volume 2, this time both a detailed academic investigation of educational development over the intervening fifty-two years and a reflection on much of his own life's work. He returned to the question of language, pointing out that the Government's insistence on single-medium schools had led, over time, to a decline in effective bilingualism. He noted that the association of language with political power reinforced social discontent. He pointed out that although a National Education Policy Act had been passed by Parliament in 1967, it had excluded four-fifths of the citizens of the Republic from its purview. "It would seem," he wrote, "that the Act would have been far more accurately named, had it been called simply The White Person's Education Act." Malherbe's 1977 volume also dealt in considerable detail with the evolution of vocational and technical education, questions of assessment and evaluation, variability of standards, financing issues and the contribution of education to economic growth and development.
Now, another thirty years has passed, and we have an education system that is governed by national legislation and policy, while retaining provincial administrative responsibility. Equitable norms and standards for financing are in place, although there is still considerable unevenness in quality and opportunity. We have made progress in broadening access to higher education and vocational training, but the skills needs associated with rapid economic growth and technological progress are not yet fully met. Language remains a challenging and sometimes controversial aspect of social and educational policy, but it is no longer at the sharp edge of political power and influence.
Education is at the centre of national and cultural life, and it is the mainspring of social and economic development over the long term. It deserves careful and rigorous academic attention. There is much in Malherbe's work that would today be regarded as methodologically flimsy, ideologically unsound or linguistically inappropriate. Thankfully, there are writers and researchers today, including several graduates and faculty of this University, who are contributing to deepening and refining our understanding of the education challenges and the social development policy dilemmas before us. The Human Sciences Research Council continues to grow in strength as a source of analysis, policy advice and criticism. There would be some surprises and some points of disagreement, but I believe that Ernst Malherbe, were he with us in 2005, would look back on his early scholarship and his life's work with a profound sense of accomplishment, that at last - in South Africa under a rather different political dispensation - the national education system rests on sound policy foundations, and several institutions that he played a part in building and progressively contributing to the good of all South Africans in inclusive and socially constructive ways.
But we are not here to pay respects to a Stellenbosch graduate of eighty years ago, remarkable man that he was, and although there may indeed be lessons in his work for us today. We are here to celebrate the achievements of this year's graduates, to give thanks for successful completion of this phase of life's journey and to reflect on the path ahead. I have told this story not to encourage another 500-page treatise on education history, but because it is an invitation to think about where you are now, and where you would like to be in ten, or twenty, or thirty years time.
You can't know where your career will take you, what changes in the economic or social environment might influence your opportunities and choices. I certainly didn't anticipate in 1980 what my job description would be in 2005, nor did I try to set out an analysis of the liberation challenge in a scholarly treatise.
But as a young man I knew, and many young people of my generation had the privilege of knowing very clearly, that we wanted a future that would be different, that we wanted our children to grow up in a different kind of society from that of our parents. And we set out, in many different ways, to build a different South Africa.
It is a project that is far from complete, and the imperative of political liberation has of course now led to the rather more sobering challenges of governance, public administration, social development and economic growth. Within these, there are a multitude of distinct kinds of engagement with the projects and programmes of reconstruction, business development, organisational change, community mobilisation, conflict resolution, social and economic transformation.
We had the privilege, thirty years ago, of knowing that we wanted change, and a broadly shared vision of what that change might involve.
But there are many life-stories, and there are many possible visions, careers, goals and opportunities. You have the privilege of language and words - you might want to write down what you see as the challenges around you, and the goals you want to achieve over the decades ahead. You have the privilege of discourse and fellowship - you might want to take the debate about future possibilities further, in the public media or in academic enquiry. You have the privilege of design and engineering - you might see opportunities for invention and product development, new ways of making and doing things. You have the privilege of algebra and calculating machines - you might immerse yourself in business processing, econometric forecasting or management information systems. You have the privilege of strength and vigour - you might seek to climb mountains or restore dignity to one of our national sporting codes.
You might set yourself a goal now, and spend the rest of your days pursuing that single purpose. You might throw your plans overboard and change course a dozen times.
Whatever your choices, think ahead. Think about what the world might look like in a decade's time, think about the opportunities and challenges we face in the country we love, think about family and friends, think about what you want to do, what values you want to share with your colleagues, what kind of home you want to build for your children.
And think about the possibility that in fifty years time you might have the privilege of looking back on how the world has changed, how you have adapted to that change, how you have contributed to making the world a different place, what choices you've made, what opportunities you've missed, what you've built, what you've shared, what you've taken, what you've given.
I can't presume to shape or influence that vision for you, it has to be an intensely personal matter.
But I can share with you a few elements of the longer term vision for South Africa's economic development that are currently under intense scrutiny.
There might be aspects of this vision with which you can identify, that might form part of your own perspective on the challenges ahead.
On the strength of a consolidation and stabilisation of the public finances during the second half of the 1990s, we are steadily making progress in improving the growth performance of the South African economy. This is not a matter of implementing a convenient check-list of standard reforms, doing what they did in Taiwan or Korea, or following the prescripts of the World Bank and IMF. It is about building government institutions and municipalities that work effectively, creating an environment in which the impetus of business investment is accelerated and improving the alignment of public policies with our social and economic circumstances across several sectors and development arenas.
Professor Nicholas Stern and his co-authors in their recent "strategy for development", entitled Growth and Empowerment: making development happen, puts the focus on two mutually supporting sets of ideas: "building an investment climate that fosters entrepreneurship, innovation, productivity, and jobs, and investing in people, particularly poor people, so that they can participate in the economy and society." The strategy requires robust economic growth, and an environment in which poor people can take charge of their own lives - an aspect of development that has been most deeply explored by Amartya Sen over a lifetime of work trespassing across the boundaries of economics, mathematics, politics and philosophy.
In both of these projects, it is possible to make dramatic short-term advances, in self-defeating ways. Countries that abandon orderly public finances can accelerate economic activity for a while, but inflation and financial turbulence are likely to follow. Populist leaders who let the rule of law fall by the wayside can create an intoxicating sense of entitlement amongst their followers for a while, but the reality of increased vulnerability soon looms large. Growth and empowerment are not about short-term gains, but require long-term structural and institutional reforms.
In both of these projects, we have made moderate progress in South Africa, and there is more to be done.
Economic growth was 4½ per cent last year and will be about 5 per cent in 2005, representing per capita income growth of well over 3 per cent a year now. Extended economic growth requires greater investment in our infrastructure; improved engineering and systems design in our transport, water and communications networks; better marketing in the rest of the world of our products, our tourism potential and our investment opportunities; greater innovation, technical progress and managerial efficiency in our business sector and development programmes.
In all of these areas, there are exciting, challenging opportunities for young graduates, in large firms, but also in self-employment, in the business sector and also in government. Progress means hard work, it might also mean a few hard knocks along the way - not every business venture succeeds, not every job interview ends up in an offer. But an expanding economy brings expanding opportunities, in addition to which you now have the decided advantage of a Stellenbosch degree or diploma to add to your resumé.
The empowerment project, in Stern's terminology, is not about corporate share transactions and directorships, but about opening doors of opportunity for ordinary people. It is about the quality of schools and clinics in low-income neighbourhoods, the safety and reliability of public transport, land reform and agricultural support for emerging farmers, building houses and getting township property markets working, bringing water, electricity and sanitation to rural villages and investing in the skills, infrastructure and market opportunities that contribute to a vibrant small enterprise environment.
Much of this falls under municipal responsibility, or relies on municipal planning and coordination. So strengthening the capacity of our municipalities is at the top of our development priority agenda. There are also aspects of this agenda that involve the private sector and non-governmental organisations in various ways - there are opportunities for community partnerships that contribute to broadening opportunities and addressing some of the social development challenges we face.
But most of all, the empowerment project calls on all of us to embrace a concept of nationhood that is inclusive, a willingness to work together, to hold prejudice and impatience in abeyance, to celebrate our shared destiny, and to acknowledge that education can indeed, in Ernst Malherbe's words, be "the instrument by which a country transforms itself from what it is into what it hopes to be." And for you, graduates of the Faculty of Arts in 2005, I hope that the achievements celebrated today will indeed prove to be your own instruments of transformation into what you hope and aspire to be.
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This very special square will be the place where all of South Africa's recipients of Nobel Prizes will be remembered.
South Africans who have been so recognized.
Occasionally, nations should pause to consider what defines them. In some instances, it might be the singleness of language and culture, in yet other instances, the definition may be as basic as a shared geographic space. We, as South Africans, are distinguished by the privilege of a struggle for definition, which struggle has allowed us to take some far-reaching decisions. Today, 16th December is our Day of Reconciliation. In a previous era, the relationship of a person to the nation was defined by how they celebrated 16th December - for some it was the "Day of the Covenant", a commemoration which sent strong messages about division and battle; for others, it marked the Umkhonto we Sizwe Day, the day on which the armed struggle was launched.
We, in that struggle for definition of our South Africaness, opted for Reconciliation as a statement of who we are, a statement so powerful that we must celebrate it with a public holiday. Of course, in so doing, we also afford ourselves an opportunity each year to reflect on the UN Declaration of Human Rights, which was adopted by the UN General Assembly on 10 December 1948. So each year, as we consider the matters of reconciliation in South Africa, we can measure progress against a world standard.
But who we are and what we are, doesn't happen automatically, as some miracle might. Who we are and what we are is a product of the quality of leadership we as South Africans are privileged to have. The fact that we have four recipients of the Nobel Peace Prize is a recognition of that fact.
In his Acceptance Speech on receiving the Nobel Peace Prize on 10 December 1961, Nkosi Albert Luthuli explained the nature of the responsibility of leadership. He said, " in my country, South Africa, the spirit of peace is subject to some of the severest tensions known to man." And, over the next forty years, those tensions were stressed to the very limits. In has Acceptance Speech on 10 December 1993, then State President F W de Klerk, reminded us of the measure of those tensions, "more than 3 000 people have died in political violence since the beginning of this year".
Today, we celebrate the spirit of Reconciliation, we celebrate this South African nation, and we give thanks for the quality of leadership that rescued from the depths of separation.
But today, we also want to pay that very special tribute to those of our leaders whose efforts were recognized by the award of the Nobel Peace Prize. We need to remind ourselves that the Prize is not a competition, or a championship. Over the past 105 years since its inception, the prize was awarded only 86 times. There were many years when either because of war, or the absence of obvious recipients, the prize was not awarded. Of the 86 awards, the prize was shared 24 times, and awarded to agencies of the United Nations a further 6 times. So the recognition is indeed a rare feat. Further, in almost every instance, the Peace Prize was awarded for different actions in different situations, requiring different effort, but each time the award recognized the super-human effort made. The fact that there is no other instance in the history of the prize where on three different occasions it was awarded for the same endeavour makes our achievement so truly remarkable.
This year's recipient, is another African, Mohamed El Baradei who was recognized for his principled stand in the International Atomic Energy Agency. In his acceptance speech he spoke of the struggle for peace needing to shift to incorporate the 'threats without borders'. He referred to the fact that the world spent $ I Trillion on armaments, yet a mere 1 % of that amount would ensure that no person in the world went to bed hungry - but that 1% was not available.
When one reads the acceptance speeches of our own Nobel Peace Laureates, one is struck by the strength and uniformity of the message.
So, Nkosi Albert Luthuli said, " As our contribution to peace, we are resolved to end such evils as oppression, white supremacy and racial discrimination, all of which are incompatible with world peace and security."
Archbishop Tutu said, " There is no peace in southern Africa. There is no peace because there is no justice. There can be no peace and security until there be first justice enjoyed by all the inhabitants of that beautiful land." And "where there is injustice, invariably peace becomes a casualty."
Former State President F W de Klerk said, " Peace does not fare well where poverty and deprivation reign. It does not flourish where there is ignorance and a lack of education and information. Repression, injustice and exploitation are inimical with peace."
Mandela said in Oslo on 10 December 1993, " The value of our shared reward will and must be measured by the joyful peace which will triumph, because the common humanity that bonds both black and white into a human race will have said to each one of us that we shall all live like children in paradise. Thus shall we live, because we will have created a society which recognizes that all people are born equal, with each entitled in equal measure to life, liberty, prosperity, human rights and good governance."
That is what we celebrate today. The strength of the message remains the joy of reconciliation.
Of course, we must also here remember the other South Africans who have been recognized by the Nobel committees over the years. Nadine Gordimer and J M Coetzee were recognized for their excellence in literature. And Max Theiler, All McCormack, Aaron Klug and Sydney Brenner were recognized for their efforts in the struggle against ignorance and disease.
This square must acclaim all of them.
We want this Nobel Square to be that place where we will bring our children to encourage them in the endeavour for the betterment of all humankind. This square should not be a garden of remembrance but a spur to action, for as Mohamed El Baradei reminded the world last week, there are many struggles which demand our attention, and cry out for leadership. Our colleagues gathered at the Ministerial meeting of the World Trade Organisation, even as we speak here, are engaged in one such site of struggle - the battle between the world's rich and poor nations. There remains so much to be done on the African continent in the struggle to secure peace. And right here in south Africa, the twin struggles against greed and want must continue to ensure that we are fitting followers of the that great leadership which has been so amply demonstrated by our four great Nobel Peace Laureates.
From time to time we shall have to replenish our energies. This square must be the place to which we come for a dose of strength, resilience and tenacity. A gentle reminder of what is possible.
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The Prevailing Interest Rates are applicable from the first day of the month (1st January 2006) until the last day of the month (31st January 2006).
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Mr Teboho Sikisi, representative of the Head of Communication in the Free State. Provinces are represented on the panel on a two-year rotational basis.
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The Department of Justice and Constitutional Development aims to uphold and protect the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), and the rule of law. It also aims to render accessible, fair, speedy and cost-effective administration of justice in the interest of a safer and more secure South Africa. The department has four core branches at national level, namely Court Services, Master of the High Court, Legal Advisory Services and Legislation and Constitutional Development.
Management and Financial Management. The National Prosecuting Authority (NPA) forms a separate programme on the department's vote.
To ensure the efficiency of its service and enhance accessibility, the NPA, Court Services and the Master of the High Court have established provincial and local structures linked to courts to co-ordinate the implementation of national policy. Legal Advisory Services has also established state attorney offices in Pretoria, Johannesburg, Cape Town, Bloemfontein and Durban to provide services at a decentralised level.
the Public Protector investigates any conduct in state affairs, or in public administration in any sphere of government, that is alleged to be improper, or which results in any impropriety or prejudice.
the Legal Aid Board provides legal aid and representation to as many indigent people as possible at the State's expense.
R5,072 billion in 2005/06, to R5,598 billion in 2006/07 and to R6,046 billion in 2007/08. This equates to an average increase of 9,2% over the MTEF period.
The Constitution is the supreme law of the country and binds all legislative, executive and judicial organs of the State at all levels of government.
No person or organ of state may interfere with the functioning of the courts, and an order or decision of a court binds all organs of state and persons to whom it applies.
Supreme Court of Appeal high courts, including any high court of appeal that may be established by an Act of Parliament to hear appeals from high courts magistrate's courts any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either high courts or magistrate's courts.
In line with this, Parliament also established special income tax courts, the Labour Court and the Labour Appeal Court, the Land Claims Court, the Competition Appeal Court, the Electoral Court, divorce courts, consumer courts, 'military courts' and equality courts.
By June 2005, the Minister of Justice and Constitutional Development, Ms Brigitte Mabandla, was leading a process to rationalise high courts. The Superior Courts Bill, which was introduced in Parliament in 2005, will abolish the last remnants of the homeland-based supreme courts and usher in new provincial divisions of the High Court in each province. Their jurisdiction and capacity will be determined in accordance with people's needs. This will result in the opening of high courts in Mpumalanga and Limpopo, which are currently serviced by the Pretoria High Court.
The Constitutional Court, situated in Johannesburg, is the highest court in all constitutional matters. It is the only court that may adjudicate disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state or decide on the constitutionality of any amendment to the Constitution or any parliamentary or provincial Bill. The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional. It consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine Constitutional Court judges.
Justice Pius Langa was appointed the Chief Justice of South Africa with effect from 1 June 2005, following the retirement of Chief Justice Arthur Chaskalson. Justice Dikgang Moseneke became Deputy Chief Justice.
The Supreme Court of Appeal, situated in Bloemfontein, in the Free State, is the highest court in respect of all other matters. It consists of the President and Deputy President of the Supreme Court of Appeal and a number of judges of appeal determined by an Act of Parliament. The Supreme Court of Appeal has jurisdiction to hear and determine an appeal against any decision of a high court.
Decisions of the Supreme Court of Appeal are binding on all courts of a lower order, and the decisions of high courts are binding on magistrate's courts within the respective areas of jurisdiction of the divisions.
There are 10 high court divisions: Cape of Good Hope (with its seat in Cape Town), Eastern Cape (Grahamstown), Northern Cape (Kimberley), Orange Free State (Bloemfontein), Natal (Pietermaritzburg), Transvaal (Pretoria), Transkei (Umtata), Ciskei (Bisho), Venda (Sibasa), and Bophuthatswana (Mmabatho). Each of these divisions, with the exception of Venda, is composed of a judge president and, if the President so determines, one or more deputy judges president, and as many judges as the President may determine from time to time.
Decisions of the Constitutional Court, the Supreme Court of Appeal and the high courts are an important source of law. These courts are required to uphold and enforce the Constitution, which has an extensive Bill of Rights binding all state organs and all persons. The courts are also required to declare any law or conduct that is inconsistent with the Constitution to be invalid to the extent of that inconsistency, and to develop the common law in a manner consistent with the values of the Constitution and the spirit and purpose of the Bill of Rights.
The Minister of Justice and Constitutional Development may divide the country into magisterial districts and create regional divisions consisting of districts. Regional courts are then established per province at one or more places in each regional division to hear matters within their jurisdiction. Unlike the High Court, the penal jurisdiction of regional courts is limited by legislation.
Magisterial districts have been grouped into 13 clusters headed by chief magistrates. This system has streamlined, simplified and provided uniform court-management systems applicable throughout South Africa, in terms of judicial provincial boundaries.
It facilitated the separation of functions pertaining to the judiciary, prosecution and administration; enhanced and developed the skills and training of judicial officers; optimised the use of the limited available resources in an equitable manner; and addressed the imbalances in the former homeland regions. The department communicates through cluster heads.
In terms of the Magistrates Act, 1993 (Act 90 of 1993), all magistrates in South Africa fall outside the ambit of the Public Service. The aim is to strengthen the independence of the judiciary. Although regional courts have a higher penal jurisdiction than magistrate's courts (district courts), an accused person cannot appeal to the Regional Court against the decision of a district court, only to the High Court.
By March 2005, there were 366 magistrate's offices, 50 detached offices, 103 branch courts and 227 periodical courts in South Africa, with 1 767 magistrates.
The department expected to appoint 40 new magistrates in 2005/06 and fill 1 000 vacancies at courts in support of the judiciary and the prosecution.
Apart from specific provisions of the Magistrate's Courts Act, 1944 (Act 32 of 1944), or any other Act, jurisdiction regarding sentences imposed by district courts is limited to a period of not more than three years' imprisonment or a fine not exceeding R60 000. A regional court can impose a sentence of not more than 15 years' imprisonment or a fine not exceeding R300 000.
Any person charged with any offence committed within any district or regional division may be tried either by the court of that district or the court of that regional division. Where it is uncertain in which of several jurisdictions an offence has been committed, it may be tried in any of such jurisdictions. Where, by any special provision of law, a magistrate's court has jurisdiction over an offence committed beyond the limits of the district or regional division, the court will not be deprived of such jurisdiction.
A magistrate's court has jurisdiction over all offences except treason, murder and rape. A regional court has jurisdiction over all offences except treason. However, the High Court may try all offences. Depending on the gravity of the offence and circumstances pertaining to the offender, the Director of Public Prosecutions (DPP) decides in which court a matter will be heard and may even decide on a summary trial in the High Court.
Prosecutions are usually summarily disposed of in magistrate's courts, and judgment and sentence passed.
a warning or caution discharge. The sentencing of 'petty' offenders to do community service as a condition of suspension, correctional supervision or postponement in appropriate circumstances, has become part of an alternative sentence to imprisonment. Where a court convicts a person of any offence other than one for which any law prescribes a minimum punishment, the court may, at its discretion, postpone the passing of sentence for a period not exceeding five years and release the person convicted on one or more conditions, or pass sentence, but suspend it on certain conditions.
If the conditions of suspension or postponement are not fulfilled, the offender may be arrested and made to serve the sentence. This is done provided that the court may grant an order further suspending the operation of the sentence if offenders prove that circumstances beyond their control, or any other good and sufficient reason, prevented them from complying with the conditions of suspension.
In line with President Thabo Mbeki's directive during the State of the Nation Address in February 2005, the establishment of community courts will be accelerated beyond the pilot projects. Unlike normal courts, these operate with flexible hours, like the Hatfield Community Court in Pretoria.
The business community and other formations of civil society continue to contribute significantly to the establishment and sustainability of these courts.
By May 2005, 13 community courts had been established. Four were fully operational and had been formally launched. They were Hatfield, Fezeka (Gugulethu), Mitchell's Plain and Cape Town. Another nine pilot sites commenced in Durban (Point), KwaMashu, Umtata, Bloemfontein, Thohoyandou, Kimberley, Phutaditjaba, Hillbrow and Protea (Lenasia).
By June 2005, 9 685 cases had been finalised since the start of the first Community Court in April 2004, with a 96% conviction rate.
Another SARS court is operating twice a week at the Magistrate's Office in Roodepoort. Discussions to decentralise and expand such courts to the bigger centres in the country have taken place between SARS and the Department of Justice and Constitutional Development. These courts will be established on request of SARS.
A specialised family court structure and extended family advocate services are priority areas for the department.
provide wide and specialised protection and assistance to the family as the fundamental unit in society facilitate access to justice for all in family disputes improve the quality and effectiveness of service delivery to citizens who have family law disputes. The Family Court Blueprint recommended that 17 interim projects be established to strengthen existing pilot projects. The department is implementing these recommendations as part of the overall restructuring of courts.
Municipal courts are being set up in the larger centres of South Africa in conjunction with municipalities. They are magistrate's courts, but deal only with traffic offences and contraventions of municipal bylaws. They are set up in a partnership agreement in that administrative and infrastructural support is supplied by the municipality, while magistrates are provided by the Magistrate's Commission, with the support of the department.
One court is envisaged per major centre per province.
The role of equality courts, which are to be rolled out countrywide, is to enforce the provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000). The Act outlaws unfair discrimination and allows for the creation of equality courts within magistrate's and high courts, each to be presided over by an equality court presiding officer. The Act further authorises the Minister of Justice and Constitutional Development to appoint the Equality Review Committee to monitor the implementation of the Act's provisions.
By May 2005, 220 equality courts were in operation.
More than 800 magistrates have been trained in equality matters. The training will be extended to include more magistrates to ensure that all equality courts have a sufficient number of trained presiding officers.
Except when otherwise provided by law, the area of civil jurisdiction of a magistrate's court is the district, subdistrict or area for which the court has been established. South African law, as applied in the Western Cape, is in force on Prince Edward and Marion islands which, for the purpose of the administration of justice, are deemed to be part of the Cape Town magisterial district.
On 1 May 1995, the civil jurisdictional limits of magistrate's courts were increased for both liquid and illiquid claims, from R50 000 and R20 000 respectively, to R100 000.
In 2004/05, district courts managed a conviction rate of 87%.
Regional courts attained their conviction rate target of 70% for the first time since 2000, while the high courts also attained their conviction rate target of 85% for the first time.
jurisdictional limits regarding the different causes of action was abolished. Unless all the parties in a case consent to higher jurisdiction, the jurisdiction of a magistrate's court is limited to cases in which the claim value does not exceed R100 000 where the action arises out of a liquid document or credit agreement, or R50 000 in all other cases.
The limit of cases involving civil claims is R7 000. By June 2004, there were 152 small claims courts throughout the country. The Commissioner of Small Claims is usually a practising advocate or attorney, a legal academic or other competent person, who offers his/her services free of charge.
By May 2005, a national plan of action to transform and re-engineer small claims courts throughout South Africa had been established to ensure greater access to civil justice. A dynamic partnership with the Swiss Agency for Development and Cooperation, the South African Law Society and tertiary institutions had also been formed to pursue the blueprint for small claims courts.
An authorised African headman or his deputy may hear and determine civil claims arising from indigenous law and custom, brought before him by an African against another African within his area of jurisdiction.
Courts constituted in this way are commonly known as chief's courts. Litigants have the right to choose whether to institute an action in the chief's court or in a magistrate's court. Proceedings in a chief's court are informal. An appeal against a judgment of a chief's court is heard in a magistrate's court.
A key aspect of the transformation of the justice system concerns the department's key strategic partners and stakeholders. The considerable effort put behind transforming prosecution and allied services into a prestigious professional force, in accordance with the Constitution, is paying off.
were coloured and 9% (18) were Indian. Overall, 14% were female and 86% male. In terms of the lower court judiciary, as at the end of February 2005, of the 1 767 magistrates, 49% (861) were white, 38% (672) were African, 6% (103) were coloured and 7% (131) were Indian. Overall, 30% were female and 70% male.
A comprehensive human resource development strategy to widen the pool of women and black legal practitioners is expected to be finalised during 2006/07.
The transformation of the judiciary is intimately linked with the transformation of the legal profession and of legal scholarship. The department has already worked in partnership with law schools in transforming the curriculum of the basic law degree to bring it in line with modern best practices. In addition to encouraging law schools to widen access to students from previously disadvantaged communities, these institutions will further be encouraged to forge linkages with leading law firms, with prominent practitioners and with relevant international organisations.
ensure the relevance of the training they offer to the practical demands of the cutting edge of the profession expose students, especially those from previously disadvantaged communities, to the profession and vice versa to facilitate professional training prospects engage the legal profession in the evolution of a new legal system that fully expresses the constitutional and cultural aspirations of the new dispensation.
The department will play its part in assisting law graduates through its internship programme. The internship programme will also provide research training to give much-needed assistance to state legal officers, prosecutors, public defenders, the judiciary and the magistracy.
Transformation of the legal profession includes ensuring that judicial services are accessible to the poor, the uneducated and the vulnerable. This entails physical presence in rural areas and in townships, as well as affordable fees and speedy and empathetic services. It also entails active assistance in opening up accessibility of all aspects and levels of the profession to aspirant lawyers, especially to those from previously marginalised backgrounds.
The provision of alternative dispute-resolution mechanisms is another key aspect of transforming justice services. This helps make justice more accessible and more affordable.
The department gives prominence to integrating and modernising justice services through technology. It seeks to evolve simplified, cheaper and faster processes geared for the poor and vulnerable in townships and rural areas. It wants to achieve this in partnership with its customers, with other government departments and with stakeholders.
The department is implementing its five-year courts turnaround strategy, through the Re Aga Boswa ('We are rebuilding') Project to enhance court efficiency. It will complete the restructuring programme for courts. The project also institutionalises a new customer-focused court-management model that ensures that court managers are entrusted with managing courts and that judges and magistrates invest more time in their judicial work. This will result in increased court hours and better-quality judgments.
The rationalisation of high courts and the redemarcation of magisterial districts are also part of the restructuring programme. This entails the rationalisation of service areas of the supreme courts in the former homelands and self-governing states to bring them in line with the new constitutional order. In 2004, the Minister of Justice and Constitutional Development proclaimed new magisterial districts aligned to the new municipal boundaries.
Saturday courts and other additional courts were established to assist with decreasing the backlog of cases. This came to an end in September 2004.
Between 2001 and 2004, Saturday courts finalised 76 836 cases. Twenty additional courts that dealt mainly with sexual offences continued until the end of 2004/05. At least 47 new regional court posts were created and filled, impacting positively on decreasing case backlogs.
The department operates 46 integrated justice court centres throughout the country to improve cooperation between criminal justice role-players in case management. This initiative led to a reduction in the case cycle from 105 to 78 days between 2001 and 2003.
Section 179(1) of the Constitution established a single NPA, which consists of the National Director of Public Prosecutions (NDPP), who is the head of the NPA, DPPs and prosecutors as determined by an Act of Parliament.
The NPA structure includes the National Prosecuting Services (NPS), the Directorate: Special Operations (DSO), the Witness-Protection Programme, the Asset Forfeiture Unit (AFU) and specialised units such as the Sexual Offences and Community Affairs (SOCA) Unit, the Specialised Commercial Crime Unit, the Priority Crimes Litigation Unit and the Integrity Management Unit.
In terms of the NPA Act, 1998 (Act 32 of 1998), the DSO is a distinct and autonomous directorate.
In May 2005, President Mbeki appointed the Commission of Inquiry into the Mandate and Location of the DSO.
The Office of the NDPP is the head office of the NPA. The prosecuting authority vests in the NDPP and the DPP. This authority has been delegated to other members of the NPA.
The DSO pursues its objectives and complies with its legislative mandate through the application of numerous legislative tools. In addition to the NPA Act, 1998, other statutes include the Prevention of Organised Crime Act, 1998 (Act 121 of 1998), International Co-operation in Criminal Matters Amendment Act, 1996 (Act 75 of 1996), and the Extradition Amendment Act, 1996 (Act 77 of 1996).
The objective of the DSO is to prioritise, investigate and prosecute particular manifestations of serious and organised crime that threatens the South African democracy and economy.
Consequently, focus areas have been defined to include complex financial crime, syndicated organised crime and high-level corruption affecting business integrity and state administration. The core business of the DSO has been layered by a selection of investigations, where racketeering, money laundering and the forfeiture of the proceeds of crime form the main activities.
The primary client of the DSO is government, which has a fundamental interest in combating and suppressing insidious (and apparently victimless) organised crime. Equally, complainants from the private sector and regulatory bodies (for example the SARS, the Financial Services Board and the South African Reserve Bank) base their expectations on how the DSO deals with financial crimes.
Individual complainants, who are rare, form part of the DSO's client and customer base, when they are affected by large-scale money rackets or organised violence.
The DSO renders services that include the determination, investigation and prosecution of crime to restore justice, enhance public confidence in governance and reduce crime through deterrence.
Products are realised through accurate assessments of crime threats, impact-driven and opportune investigations, successful prosecutions, confiscation of contraband, forfeiture of ill-gotten gains and compensations, where warranted.
In 2004/05, the DSO achieved a conviction rate of 93%, well over the 80% target for the year. Proceeds of crime value for the year ending February 2005 was R255,7 million.
The AFU was created in 1999 in terms of the Prevention of Organised Crime Act, 1998. The AFU can seize and forfeit property that was bought from the proceeds of crime, or property that has been used to commit a crime.
Between January and August 2005, the AFU completed more than 132 cases and seized assets worth R184 million. The money is held in a special 'criminal assets recovery account', established under the Prevention of Organised Crime Act, 1998, which empowers the Cabinet to make special disbursements only for law enforcement or victim empowerment.
More than R66 million was paid to victims of financial crime in 2005 - most of it in the form of compensation to 35 defrauded workers.
The broad legislative mandate of the DSO has been reduced to four crime focus areas to enable the DSO to carry out its mandate successfully: organised crime organised corruption serious and complex financial crime racketeering and money laundering.
formulating policy regarding capacity-building, sensitising and scientific functional training in respect of the prosecution of sexual offences and gender-based violence co-ordinating the establishment of special courts for the adjudication of sexual offences and gender-based violence facilitating and/or formulating research techniques for the prosecution of sexual offences, genderbased violence, maintenance and child justice developing and implementing community awareness programmes and plans for the participation of non-governmental organisations (NGOs) in the processes and procedures aimed at the prevention or containment of sexual offences developing training, plans and mechanisms regarding the prosecution of sexual offences, gender-based violence, maintenance and child justice from the President, the Minister of Justice and Constitutional Development and the NDPP.
The unit received two prestigious achievement awards in acknowledgement of the interventions regarding sexual offences management, namely the Impumelelo Innovations Trust Award and the Standard Bank Innovations Award. It was also nominated for a United Nations (UN) award and the head of the unit was appointed as an innovations ambassador.
The Department of Justice and Constitutional Development, in conjunction with the South African Police Service (SAPS) and the departments of social development and of health, have established several Thuthuzela care centres for victims of sexual offences.
The Thuthuzela care centres are 24-hour onestop service centres where victims have access to all services that include police, counselling, doctors, court preparation and prosecutors. The main objectives of these centres are to eliminate secondary victimisation, reduce case cycle time and increase convictions.
Specially trained police investigators, medical personnel, community volunteers, social workers and prosecutors work together. They ensure that the victim is not further traumatised in the process of reporting the incident, and that the information needed to secure a prosecution and conviction is passed seamlessly from one person to another.
These multi-purpose centres render the services of these departments to communities where these services either do not exist, or do exist but are not easily accessible (especially in rural areas).
The centres are situated at Thembalethu (George, Western Cape), Nsimbi (Umbumbulu, KwaZulu-Natal), Leboeng (Praktiseer, Limpopo), Khutsong (Oberholzer/Carletonville, Gauteng), Tshidilamolomo (Molopo, North West) and Centane (Eastern Cape).
The fight against sexual offences is a national priority. The department is providing facilities at courts where child witnesses, especially in child-abuse cases, can testify in a friendly and secure environment without the risk of being intimidated.
New child-witness rooms are fitted with one-way glass partitions adjacent to the courtrooms. Where it is impossible to provide such rooms in existing buildings, other rooms away from the courts are utilised by providing a closed-circuit television link.
Intermediaries act as buffers against hostile and potentially protracted cross-examinations of child witnesses in an open court, particularly necessary in cases of sexual victimisation. Most intermediaries are social workers by profession, and fulfil their intermediary functions on a part-time basis or as volunteers. Given the specialised nature of the work and the scarcity of the resource, the department has decided to appoint about 53 full-time intermediaries. The Draft Criminal Law (Sexual Offences) Amendment Bill, 2003, aims to provide intermediaries to all vulnerable witnesses in sexual-offence cases, where appropriate. While awaiting the finalisation of the legislation and the workstudyinvestigation into the post-class of 'intermediary', the department appointed 53 intermediaries on contract in especially dedicated and additional sexual offences courts.
By May 2005, 54 sexual offences courts, with a conviction rate of 62%, had been established. Twenty-six of the 54 courts are blueprint-compliant and attention is given to provide the infrastructure to make the remainder blueprint-compliant. Permanent positions will be created in conjunction with the Magistrate's Commission to capacitate the approved sexual offences courts.
It has to ensure proper planning of court rolls, prioritisation, proper preparation and arrangement for all cases to be heard, as well as the avoidance of unreasonable delays.
The Pretoria-based Specialised Commercial Crime Unit was established in 1999 as a pilot project to bring specialisation to the investigation and prosecution of commercial crimes emanating from the commercial branches of the SAPS in Pretoria and Johannesburg, respectively.
Three new courts and offices were established in the Johannesburg and Pretoria central business districts for specialised commercial crime cases. Similar courts were created during 2004 in Durban and Cape Town.
The Specialised Commercial Crimes Unit continues to achieve an above-average conviction rate.
The Office for Witness Protection falls under the auspices of the NPA. The office is responsible for the protection of witnesses in terms of the Witness Protection Act, 1998 (Act 112 of 1998), and its regulations.
enhance prosecutions through the evidence of vulnerable and intimidated witnesses. It also provides for placing a person related to the witness under protection at the request of the witness, prospective witness or a person who has given evidence or is required to give evidence in criminal proceedings or before a commission of inquiry.
The programme does not offer incentives such as those offered by the SAPS to witnesses of serious crimes.
Instead, the programme offers sustenance in the form of a food allowance; replacement of salary if employment has been lost; free accommodation, including all municipal services; a clothing allowance; transport; a housing allowance for schoolgoing children; medical expenses, etc.
The legal profession is divided into two branches - advocates and attorneys - who are subject to strict ethical codes.
In terms of the Right of Appearance in Courts Act, 1995 (Act 62 of 1995), advocates can appear in any court, while attorneys may be heard in all of the country's lower courts and can also acquire the right of appearance in the superior courts. Attorneys who wish to represent their clients in the High Court are required to apply to the registrar of a provincial division of the High Court. Such an attorney may also appear in the Constitutional Court. All attorneys who hold an LLB or equivalent degree, or who have at least three years' experience, may acquire the right of audience in the High Court.
The Attorneys Amendment Act, 1993 (Act 115 of 1993), provides for alternative routes for admission as an attorney. One of these routes is that persons who intend to be admitted as attorneys and who have satisfied certain degree requirements prescribed in the Act are exempted from service under articles or clerkship. However, such persons must satisfy the society concerned that they have at least five years' appropriate legal experience.
State law advisers give legal advice to ministers, government departments and provincial administrations, as well as to a number of statutory bodies. In addition, they draft Bills and assist the minister concerned with the passage of Bills through Parliament. They also assist in criminal and constitutional matters.
In terms of the NPA Act, 1998, state advocates and prosecutors are separated from the Public Service in certain respects, notably the determination of salaries.
State attorneys derive their power from the State Attorney Act, 1957 (Act 56 of 1957), and protect the interests of the State in the most cost-effective manner possible. They do this by acting on behalf of the State in legal matters covering a wide spectrum of the law.
State attorneys are involved in the drafting of contracts where the State is a party, and also act on behalf of elected and appointed officials acting in the performance of their duties, e.g. civil and criminal actions instituted against ministers and government officials in their official capacities.
Human rights, in terms of Chapter Two (Bill of Rights) of the Constitution, bind all legislative and executive bodies of state at all levels of government.
freedom from unfair discrimination a right to life. Since 1994 and in keeping with the cultivation of a human-rights culture, the focus is gradually shifting from an adversarial and retributive CJS to that of a restorative justice system. The Service Charter for Victims of Crime seeks to consolidate the present legal framework in South Africa relating to the rights of and services provided to victims of crime, and to eliminate secondary victimisation in the criminal justice process.
The ultimate goal is victim empowerment through meeting victims' needs, whether material or emotional.
The Department of Justice and Constitutional Development is one of the five core departments in the Justice, Crime Prevention and Security (JCPS) Cluster that has been tasked with the implementation of the National Crime Prevention Strategy (NCPS). This is government's official strategy to combat, control and prevent crime. (See chapter 17: Safety, security and defence.
create an effective prosecution system create an effective court system for the adjudication of cases co-ordinate and integrate the departmental activities of all role-players involved in crime prevention.
In recent years, departments within the JCPS Cluster have taken significant steps towards modernising and integrating the CJS. Following government's approval of the NCPS in 1996, the IJS Board was formed in 1997 to integrate the activities of departments in the cluster in a co-ordinated manner.
The IJS, approved in 2002, aims to increase the efficiency and effectiveness of the entire criminal justice process by increasing the probability of successful investigation, prosecution, punishment for priority crimes and ultimately rehabilitation of offenders.
A second version of the IJS was published in May 2003.
Government at all levels wants to eliminate duplication of services and programmes. The need for strategic alignment of cluster activities was also raised at a series of other governmental meetings and fora.
less duplication of services effective use of scarce and limited resources and skills joint strategic planning and programmatic approach instead of reacting to problems. During the latter half of 2002, the IJS Board responded to the challenge and initiated a process to co-ordinate and align activities beyond the IJS. In response to this, a development committee was established in 2003 and mandated to align the shared objectives of cluster departments.
The 2004 Cabinet Lekgotla identified, as one of government's priorities, the need for a comprehensive audit and review of the CJS. The review is intended to look at how the CJS works and to establish whether processes underway and steps undertaken are feasible and in line with international best practice. By September 2005, the Cabinet had endorsed proposals by the JCPS Cluster to review the CJS.
The review of the CJS will also design a programme for the empowerment of the NPA as a key pillar with respect to the dispensation of social justice in South Africa. A development committee was formed to facilitate cluster co-operation and co-ordination with respect to the IJS.
While each department within the JCPS Cluster must have its own Information Technology (IT) Plan to achieve the vision, mission and departmental specific objectives, the IJS Board co-ordinates the broader and shared duty to integrate the information flow throughout the CJS.
Implementing the Child Justice Bill, once enacted.
improving the situation of children awaiting trial in practice by monitoring their numbers monthly, which has resulted in about 2 500 children monthly awaiting trial in jail in 1998, being reduced to 1 381 in May 2005.
A plan of action to fast-track the processing of children in the justice system.
Standardising diversion programmes for children.
Reviewing 60 places of safety and secure-care facilities.
Establishing one-stop child justice centres - at least one in each province by 2009. A draft policy has been finalised and draft guidelines are receiving urgent attention.
Training in restorative justice and family-group conferencing.
This programme aims to improve services rendered to victims of crime.
The NPA has 66 court-preparation officials on contract who provide support to crime victims, especially abused children, in preparing them for court proceedings. By June 2005, 41 077 victims had been prepared for court by the court-preparation officials.
Immediate priorities are the establishment of special commercial crimes courts and sexual offences courts. Environmental courts also received attention with two being established at Hermanus and Port Elizabeth respectively to deal with syndicated crimes pertaining to the environment in particular.
On 29 November 2004, the Minister of Justice and Constitutional Development launched the Specialised Commercial Crimes Court in Durban.
Case-flow management centres provide an integrated solution to managing cases through the court system, facilitated by IT that allows the monitoring of aspects such as case cycle time and court rolls. The aim is to facilitate co-ordination between the IJS partners around case-flow management, and ensure the development of case-management capacity at court level.
Some 46 case-flow management centres have been established, which led to reductions in case cycle times, increased court hours, increased number of cases finalised, reductions in awaiting-trial prisoners and reductions in outstanding court rolls.
The Development Committee is mandated to align and co-ordinate cluster activities across the various departments, with the ultimate aim of improving service delivery, policy co-ordination and planning.
It consists of senior representatives from each of the partner departments participating in the IJS and is chaired by the Department of Justice and Constitutional Development. National Treasury, the judiciary and the Department of Home Affairs are also represented on the Development Committee.
National and provincial action plans to fast-track all children awaiting trial in prisons and police cells, have led to a reduction in children awaiting trial from 2 200 a month, to 1 500 a month since October 2004.
Specific interventions to address the backlog of cases pending trial, include the shifting away from placing children who are in trouble with the law in correctional detention centres. Children awaiting trial will be placed under home-based supervision, in places of safety or in the care of parents or caregivers. Three child justice centres have been established in Port Elizabeth, Bloemfontein and Port Nolloth respectively.
The purpose of this programme is to reform and modernise the administration and delivery of justice through re-engineering work processes by using technologies, strengthening strategic planning and management capacity, organisational development and human resource interventions.
The e-Justice Programme has evolved into the Information and Systems Management Programme which has 25 projects in addition to the three main projects, i.e. Court Process Project (CPP), Digital Nervous System (DNS) Project and Financial Administration System (FAS) Project. The e-Justice Programme is funded mainly by the Justice Vote Account, but is supplemented with donor funding from the European Union Commission, the Royal Netherlands Embassy and the Irish Embassy.
successful completion of the DNS I project which provided Information and Communications Technology (ICT) infrastructure, connectivity, ICT equipment (desktops, printers, etc.), e-mail and training to 221 sites computer literacy training to an estimated 10 000 users the department's Intranet successful roll-out of the Guardian's Fund system to all master's offices development and implementation of the State Attorneys System.
development of a monitoring and evaluation framework for the department.
The CPP, which was initiated in 2000, seeks to reengineer the way in which court services are delivered. It is aimed at providing courts with the necessary tools to deal with caseloads and general management in a more effective manner. This project also links, for the first time, the police, prosecutors, courts, prisons and social-welfare facilities at selected pilot sites. It incorporates the flow of processes that affect departments in the IJS, namely the departments of safety and security, of correctional services, of social development and of justice and constitutional development and the NPA.
improved administration and tracking of dockets and case files reduced delays leading up to trials reduced duplication of data entry improved access to information timeous notification of events verification of identities reduced number of lost case dockets reduced postponement of cases due to misplaced files/exhibits improved administration of prisoner admissions and releases improved docket/exhibit administration.
The FAS is tasked with automating and administering trust accounts in the magistrate's courts, the State Attorneys' offices and the Guardian's Fund in the master's offices.
The Guardian's Fund administers monies kept in trust for persons including minors, state patients, unborn heirs, and persons having usufructuary, fiduciary or fideicommissary interests.
The State Attorneys' System assists state attorneys with registering and administering case files, collecting money and administering payments to applicable parties, and the handling of litigation processes.
The Legislative and Constitutional Development Branch of the Department of Justice and Constitutional Development is responsible for promoting, maintaining and developing the Constitution and its values by researching, developing and advancing appropriate legislation.
It includes research activities of the South African Law Reform Commission (SALRC), which involve extensive reviews of wide areas of law and legal practice.
The legislative development component of the branch is, among other things, responsible for researching, developing and promoting appropriate legislation that has a bearing on the line functions of the department.
The constitutional development component of the unit is also responsible for promoting the independence and effectiveness of chapter 9 institutions and administering the Constitution, which includes monitoring the implementation of the Constitution and the Bill of Rights.
Between 1994 and 2004, the department promoted more than 108 Bills. The department's legislative programme was dominated by three main themes, namely, legislation to give effect to the spirit of the constitutional dispensation, legislation to address the crime problem prevailing in South Africa, and legal reform.
By May 2005, legislation to repeal the Black Administration Act, 1927 (Act 8 of 1927), and to bring the Customary Law of Succession in line with the Constitution was being finalised.
During 2005, a draft Bill intended to address the concerns raised by the Constitutional Court in the case involving the attachment of low-cost housing, was also being finalised.
The proposed Child Justice Bill will create a new system for dealing with children in trouble with the law.
By May 2005, the Bill had been redrafted and submitted to Parliament.
The Bill is intended to rationalise the structure and functioning of South Africa's superior courts.
The Criminal Law (Sexual Offences) Bill emanates from an investigation by the SALRC and proposes a comprehensive review of existing legislation dealing with sexual offences. It aims to bring this area of law into line with the new constitutional dispensation and to provide greater protection to victims of sexual offences.
The department implemented the Maintenance Act, 1998 (Act 99 of 1998), and the Domestic Violence Act, 1998 (Act 116 of 1998), in November 1999 to improve the lives of vulnerable women and children.
By mid-2005, maintenance investigators had been appointed to 140 maintenance courts. Maintenance clerks were also appointed in hot-spot courts. Constant monitoring of the situation on ground level ensures that service delivery and access to justice improves for all vulnerable groups, especially children, women, people with disabilities, the elderly and victims of crime.
The objectives of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 include prevention, prohibition and progressive eradication of unfair discrimination as well as redress for unfair discrimination and the promotion of equality.
The Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004), provides for the strengthening of measures to prevent and combat corruption and corrupt activites.
State Legal Services provides for the work of the State Attorney and state law advisers. The former acts as attorney, notary and conveyancer for government.
State law advisers provide legal opinions, scrutinise and amend international agreements, draft legislation and attend relevant parliamentary portfolio committees as legal advisers for all national departments. The component hosts the National Forum Against Racism and facilitates South Africa's participation in the International Court for Criminal Justice.
Plans to establish a constitutional litigation unit in the department are at an advanced stage.
The functions of the Directorate: International Affairs in the Department of Justice and Constitutional Development are mainly to identify and research legal questions that relate to matters pertaining to the administration of justice between South Africa and other states.
The directorate is involved in direct liaison and negotiations at administrative and technical levels with foreign states to promote international legal cooperation, and for the possible conclusion of extradition and mutual legal-assistance agreements.
The directorate also aims to establish greater uniformity between the legal systems of southern African states, especially the Southern African Development Community (SADC). It thus promotes and establishes an efficient administration of justice in the southern African region.
The directorate co-ordinates human-rights issues at international level under the auspices of the UN and the African Union (AU).
regular liaison with SADC states co-ordinating all Commonwealth matters pertaining to the administration of justice interacting with other international bodies, such as the UN, the Hague Conference and the International Institute for the Unification of Private Law interacting with foreign states outside the SADC region negotiating extradition and mutual legalassistance agreements with other countries preparing Cabinet and Parliament documentation for the ratification of human-rights treaties, including report-writing.
ensure the effective implementation of the Rome Statute of the ICC in South Africa ensure that South Africa conforms with the obligations set out in the statute address the crime of genocide, crimes against humanity, and war crimes address the prosecution in South African courts of persons accused of having committed the said crimes in South Africa and beyond the borders of the country in certain circumstances deal with the arrest of certain persons accused of having committed the said crimes and their surrender to the ICC in certain circumstances enhance co-operation by South Africa with the ICC.
Each year, the value of estates under the supervision of the masters' offices amounts to about R18 billion. This includes about R2,5 billion in the Guardians' Fund.
control the administration of deceased and curatorship estates control the administration of insolvent estates and the liquidation of companies and close corporations control the registration and administration of both testamentary and inter vivos trusts manage the Guardian's Fund, which is entrusted with the funds of minors, mentally challenged persons, unknown and/or absent heirs, and creditors for administration on their behalf assess estate duty and certain functions with regard thereto accept and take custodianship of wills in deceased estates act as an office of record.
On 15 October 2004, the Constitutional Court declared Section 23 and regulations of the Black Administration Act, 1927 unconstitutional.
By mid-2005, legislation to repeal the Black Administration Act, 1927 was being finalised.
This decision implied that the Master of the High Court takes over the powers of supervision in all deceased estates, and that all estates have to be administered in terms of the Administration of Estates Act, 1965 (Act 66 of 1965), as amended. All intestate estates must be administered in terms of the Intestate Succession Act, 1987 (Act 81 of 1987), as amended.
This will ensure that all South Africans are treated equally, and that the dignity of each person is respected.
The Chief Master heads the national office and is responsible for co-ordinating all the activities of the masters' offices.
There are 14 masters' offices: Bisho, Bloemfontein, Cape Town, Durban, Grahamstown, Johannesburg, Kimberley, Mafikeng, Polokwane, Port Elizabeth, Pietermaritzburg, Pretoria, Thohoyandou and Umtata.
Suboffices are located in places where the High Court does not have a seat, but workloads require the presence of at least one assistant master.
At service points, officials attached to the Branch: Court Services deliver services on behalf of, and under the direction of, the master. Each magistrate's court is a service point. Each ser vice point has at least one designated official, who is the office manager or a person of equal rank. They only appoint masters' representatives in intestate estates of R50 000 or less, in terms of Section 18(3) of the Administration of Estates Amended Act, 2002 (Act 49 of 2002).
On 26 December 2004, the Mental Healthcare Act, 2002 (Act 17 of 2002), came into operation recalling the Mental Health Act, 1973 (Act 18 of 1973).
The new Act provides that where a person falls within the ambit of this Act, the master can appoint an administrator to handle the affairs of the person. The administrator, in this instance, replaces the appointment of a curator, as done in the past.
In terms of the Prevention of Organised Crime Act, 1998, the master also appoints curators in these estates to administer the assets of persons and legal entities attached by the AFU, in terms of a court order.
The fund holds and administers funds which are paid to the master on behalf of various persons known or unknown. These include minors, persons incapable of managing their own affairs, unborn heirs and missing or absent persons or persons having an interest in the money of an usufructuary, fiduciary or fideicommissary nature.
The money in the Guardian's Fund is invested with the Public Investment Commission and audited annually. Interest is calculated on a monthly basis at a rate per year determined from time to time by the Minister of Finance. The interest is compounded annually at 31 March. Interest is paid for a period from a month after receipt up to five years after it has become claimable, unless it is legally claimed before such expiration.
After a lapse of five years after the money has become claimable, the master pays the unclaimed money to the Receiver of Revenue Payment Register. This does not mean that the owner of the money cannot claim the money from the Guardian's Fund. However, after a lapse of 30 years after the money has become claimable, the money is forfeit ed to the State. Every year in September, the master advertises unclaimed amounts in the Government Gazette.
The rules board is a statutory body empowered to make or amend rules for high courts, the Supreme Court of Appeal and the lower courts.
It also develops rules and court procedures to ensure a speedy, inexpensive civil justice system, which is in harmony with the Constitution and technological developments, and accessible to all South Africans.
The Justice College provides vocational training to all officials of the Department of Justice and Constitutional Development. It also presents training to autonomous professions such as magistrates and prosecutors.
The family advocate, assisted by family counsellors, reports to the court and makes recommendations. These serve the best interest of children in cases where there is litigation relating to children in divorce actions or applications for the variation of existing divorce orders.
Inquiries take place at the request of the court, one or both parties to the litigation, or on the initiative of the family advocate, in which case authorisation of the court must be obtained.
The Office of the Family Advocate provides support services for the family court pilot project. Most offices are involved in mediation training for a large contingent of social workers and other mentalhealth professionals.
The Children's Bill provides for the extension of the role of the family advocate to areas such as mediation and the facilitation of family-group conferences.
The Legal Aid Board has completed the roll-out of a national infrastructure of four regional offices, 57 justice centres and 35 satellite offices. They employ more than 1 500 staff of whom more than 1 000 are legal professionals.
The board continues to provide legal assistance to the indigent, in accordance with the Constitution and other legislative requirements. This is carried out through a system of in-house outsourcing to private lawyers (a system of judicare) and co-operation partners.
With its national infrastructure in place, the board focuses on improving access to clients and communities, and on improving the quality of delivery of legal services.
No person or organ of state may interfere with the functioning of the Public Protector.
The Public Protector has the power to report a matter to Parliament, who will debate on it and ensure that the Public Protector's recommendations are followed.
The Magistrate's Commission ensures that the appointment, promotion, transfer or discharge of, or disciplinary steps against, judicial officers in the lower courts take place without favour or prejudice, and that the applicable laws and administrative directions in connection with such actions are applied uniformly and correctly.
The commission also attends to grievances, complaints and misconduct investigations against magistrates. It advises the minister on matters such as the appointment of magistrates, promotions, salaries and legislation.
The commission has established committees to deal with appointments and promotions; misconduct, disciplinary inquiries and incapacity; grievances; salary and service conditions; and the training of magistrates.
The SALRC is an independent statutory body, established by the SALRC Act, 1973 (Act 19 of 1973).
advising ministers and state departments on proposed legislation and recommendations of the SALRC.
In the case of the Chief Justice and the Deputy Chief Justice, the leaders of parties represented in the National Assembly are also consulted.
When appointments have to be made, the commission gives public notice of the vacancies that exist and calls for nominations.
Suitable candidates are short-listed by the JSC and invited for interviews. Professional bodies and members of the public are afforded the opportunity to comment before the interviews or make representations concerning the candidates to the commission.
promote respect for human rights and a culture of human rights promote the protection, development and attainment of human rights monitor and assess the observance of human rights in South Africa.
Provincial Offices. Strategic Management and Support Services ensures that the operations of the commission comply with constitutional and legislative imperatives, guides the functioning of the commission to align with its strategic objectives and national priorities, and positions the commission favourably within the human-rights field regionally, nationally and internationally.
Commissioners raise the profile of the SAHRC, make strategic interventions, provide leadership in relation to human-rights issues and contribute to the development of human-rights-related and organisational policy.
The commission plays a special role in the development of human rights in Africa through work with the relevant organs of the SADC, AU and the African Commission on Human and People's Rights. It is a member of the International Co-ordinating Committee of African National Human Rights Institutions, hosts the Secretariat of the committee and has been instrumental in setting up other national human-rights institutions in Africa.
Legal Services investigates individual and systemic human-rights violations and provides appropriate redress. Some 12 124 individual complaints of human-rights violations were received in 2004/05. Mediations, decisions, findings and opinions of the commission and litigation are used to secure redress for individuals and communities.
An important mechanism through which the commission addresses systemic violations of human rights is through the convening of public inquiries and hearings.
Research and Documentation monitors and assesses the observance of human rights, in particular economic and social rights, the right to equality and the right of access to information. In addition, the programme monitors and intervenes in the legislative process and liaises with Parliament. It maintains a leading human-rights library and documentation centre.
The commission is mandated by the South African Constitution to request annual reports from government on progress made in the realisation of economic and social rights. This function is carried out by the Economic and Social Rights Unit.
The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 gives the commission specific responsibilities in addition to its overall mandate to secure the right to equality. The Equality Unit functions as the focal point for the commission's activities in this area. The unit monitors equality courts and contributes to legislative developments and reform. Once the promotional aspect of the Act comes into place, the programme will receive and analyse equality plans, request regular reports relating to the number of cases adjudicated by the equality courts, and submit an annual report to Parliament.
The Promotion of Access to Information Act, 2000 places specific obligations on the commission. It co-ordinates implementation in this arena, including monitoring and research, making recommendations for the improvement and development of the Act, and providing an annual report to Parliament.
Education and Training conducts educational interventions on human rights and the commission's focus areas, conducts community outreach and awareness programmes, develops human-rights education and training material, and ensures the institutionalisation of human-rights education.
Public outreach activities within the commission focus on poverty-stricken communities in rural and peri-urban areas. The commission has developed the Omnibus Outreach Programme. The omnibus is a multifaceted tool for engaging with communities, encompassing a large range of educational interventions ranging from workshops, seminars, presentations, site visits and walkabouts to widespread campaigns, events and advocacy initiatives.
SAHRA's head office is based in Gauteng. It also has provincial offices in all provinces except North West, which is served by the adjacent offices.
Provincial offices implement the programmes of the commission at provincial and local level.
The NACHRET was established in April 2000. The centre provides a platform for debate on humanrights issues aimed at enhancing an understanding of these issues and practices. The centre also provides training and builds capacity both in South Africa and on the African continent regarding human-rights themes, challenges and issues.
gathering information and conducting education on gender equality and the human rights of women monitoring and evaluating the policies and practices of state organs, statutory and public bodies, as well as the private sector, to promote gender equality evaluating Acts in force, or Acts proposed by Parliament, affecting or likely to affect genderrelated rights and women's human rights investigating any gender-related complaints received or on its own initiative liaising with institutions, bodies or authorities with similar objectives conducting research to further the objectives of the CGE. The CGE works in partnership with various civilsociety structures and other organisations with similar objectives.
Most complaints are handled telephonically or are referred. Others are conveyed personally for face-to-face intervention and are later referred to relevant institutions. By the end of March 2005, the CGE had handled 429 cases. Of these, 189 were maintenance cases; 121 gender-based violence; 25 labour; eight culture, tradition and religion; 16 social security; 15 inheritance; 26 court processes; and 29 sexual harassment.
It also monitors most Bills that are introduced in Parliament to ensure that gender sensitivity is considered and that the rights of women are integrated.
The TRC was established in terms of the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995), to help deal with human-rights abuses that were perpetrated under South Africa's apartheid government.
Some 22 000 individuals or their surviving family members appeared before the commission. Of these, 19 000 required urgent reparations, and virtually all of them, where the necessary information was available, were attended to as proposed by the TRC with regard to interim reparations.
In 2003, government announced the creation of the President's Fund, from which victims of apartheid, as declared by the TRC, would be granted a onceoff R30 000 as part of the reparations.
The Department of Correctional Services contributes towards maintaining and protecting a just, peaceful and safe society by enforcing courtimposed sentences and detaining inmates in safe custody while maintaining their human dignity.
It is also responsible for facilitating the correction of offending behaviour and the general development of all offenders as part of their rehabilitation, including those subject to community corrections.
In pursuing these objectives, the department has developed the White Paper on Corrections that embodies its long-term strategic policy and operational framework. These recognise corrections as a societal responsibility and puts rehabilitation at the centre of all the department's activities.
The White Paper on Corrections, which was approved by Cabinet in February 2005, is the culmination of a protracted process that included extensive consultations, both within the organisation and in the external environment.
The department has identified 36 correctional centres countrywide for inclusion in a White Paper implementation project. These centres will be known as centres of excellence. The project aims to develop best practice in the implementation of the White Paper under ideal, well-managed, and wellresourced circumstances and roll it out to other correctional centres. The intervention programmes which are designed to address the offending behaviour of individual inmates will also be rolled out at the centres of excellence.
The White Paper roll-out is a deliberate effort aimed to promote partnership, ownership and participation from correctional staff, NGOs, government departments, individuals and collectives.
The key to the realisation of the objectives of the White Paper is the department's ability to ensure a secure, safe and enabling environment within correctional centres and the transformation of its staff members from prison warders to correctional officials.
To this end, the department has initiated intensive training of junior and middle managers to empower them to successfully carry out their responsibilities.
The White Paper on Corrections recognises the role of the family and community institutions in correcting offending behaviour among its own members before it turns into criminal activities that lead to imprisonment.
The ultimate solution to crime and to the severe overcrowding of correctional centres lies in the prevention of criminal activity. The responsibility for this lies primarily within the family unit and community institutions.
R2,707 billion on administration. By 31 January 2005, the department had a staff complement of 33 076, with 187 446 offenders incarcerated in 238 correctional centres countrywide. By 31 October 2004, there were 50 220 parolees and 26 918 probationers within the system of community corrections.
Strategies have been adopted to balance the need for security with the need for conditions that are conducive to rehabilitation. The Gearing Department of Correctional Services for Rehabilitation Project was introduced in 2002/03. It involved a substantial review of rehabilitation, and identified key service-delivery areas: corrections, development, security, care, facilities and after-care.
This comprehensive approach entails all aspects of the department's core business. It requires developing new policy regarding the types of correction programmes offered and the recruitment and training of prison personnel.
In line with the Vienna Declaration on Crime and Justice, the department has embraced the restorative-justice approach aimed at reducing crime and promoting healing between offenders, victims and the community.
The process to conduct public education campaigns has begun to raise awareness of the implementation of restorative-justice programmes and policies. This project aims to facilitate the mediation process between crime victims and offenders in an attempt to bring about restitution and reparation. This will be achieved through restorative-justice and victim-empowerment programmes.
The department has implemented a seven-dayweek regime to save money for the recruitment of more correctional officials. Weekend work was previously regarded as overtime, costing the department R916 million in 2004/05 alone.
The department plans to recruit 8 311 officials over a three-year period. About R270 million was set aside for the recruitment of 3 000 new members in 2005/06.
The department strives to provide adequate prison accommodation that complies with accepted standards.
(closed down for renovations). In prisons where male, female and juvenile offenders are accommodated, female and juvenile offenders are housed in separate designated sections.
The problem of prison overcrowding remains the most important influence on the department's budget and performance, especially in relation to rehabilitation.
By 31 January 2005, South Africa's correctional centres collectively housed 187 446 inmates, while accommodation was available for only 113 825. This means that the general overcrowding was in the region of 164%. Of the total population, 52 326 inmates were unsentenced.
The daily average prisoner population is projected to increase to 195 300 in 2005/06 and 202 400 in 2006/07.
The building and staffing of new correctional centres, designed cost-effectively.
The department is also promoting awareness in the IJS of alternative sentencing options and diversion programmes.
The JCPS Cluster Task Team on Overcrowding, established at the end of 2002, monitors the CJS to identify and eliminate blockages that result in increased prisoner numbers.
Since 1994, 10 new prisons have been constructed and two rebuilt to address the problem of overcrowding. Two of the 10 prisons are public-private partnership prisons. They have a combined capacity of 5 952.
Four new-generation prisons in Kimberley, Klerksdorp, Leeuwkop and Nigel are expected to be completed by April 2007. Similar facilities are expected to be built in the Eastern Cape, Western Cape, KwaZulu-Natal and Limpopo. All eight prisons will have 3 000 beds each.
Over the next three years, accommodation capacity in correctional services is expected to increase by 12 000 beds.
One of the core objectives of the department is to ensure that every correctional centre has a secure environment with a correcting influence. This does not only refer to the prevention of escapes from custody but also to the creation and maintenance of an environment in which there is a significantly low prevalence or absence of inmate abuse, violence, corruption and negligence.
The department has put in place various measures aimed at combating escapes.
A permanent exhibition in the women's jail and the new head offices of the Commission on Gender Equality at Constitution Hill was launched on 2 August 2005.
The exhibition in the women's jail, once a place of incarceration and oppression of women, consists of permanent and temporary displays informed by generations of women who fought for their basic human and gender rights.
offenders who report or warn of planned escapes, and the installation of electronic fences and X-ray scanners in high-risk prisons.
Through the implementation of national and regional escape prevention strategies, the department succeeded in reducing the number of escapes from 195 in 2003/04 to 171 in 2004/05.
To protect society by preventing escapes and supervising offenders, expenditure increased to R2,7 billion in 2004/05, and is expected to reach R4,2 billion by 2007/08.
The bulk of the increase is linked to the initial increase in operating costs associated with appointing additional personnel to implement the sevenday working week.
The department is upgrading and intensifying the use of equipment to increase the level of security in prisons. This will ensure the protection of offenders, officials and the public. The department has created a culture of security awareness among its staff. All managers are involved in monitoring and ensuring adherence to security policies and procedures, through strict supervision, control mechanisms and disciplinary action against negligent officials.
From 2005/06, special emphasis will be placed on measures to prevent dangerous weapons and firearms from entering correctional facilities.
To achieve this, R80 million was expected to be spent in 2005 on the installation of advanced technological equipment at the 36 centres of excellence and 30 other identified high-risk centres.
Equipment to be installed includes items such as closed-circuit television cameras, biometric readers and scanning devices. In addition, the National Security Plan and minimum security standards for correctional centres were expected to be implemented during 2005.
In November 2004, the Minister of Correctional Services, Mr Ngconde Balfour, launched South Africa's inmate tracking system at the Durban Westville Correctional Centre.
The pilot project has since been extended to the Johannesburg Medium A Correctional Centre. The main functions of the project are to accurately identify awaiting-trial detainees (ATDs), to decrease the time spent in processing ATDs for court appearances and visits, and to monitor the movements of ATDs through a personal tracking device.
The system has the added advantage of being able to pinpoint the whereabouts of inmates at the time of a transgression being committed inside the monitored area, which should ease investigative work.
The pilot project has assisted in identifying weaknesses in the system, especially regarding the tracking device that is attached to the wrists of ATDs. However, the tracking system has greatly benefited identifying ATDs on a daily basis through the use of the biometric fingerprint reader and the electronic facial photograph facility. The pilot project at Johannesburg has yielded positive results, but consideration will only be given to extending its use after the completion of an intensive evaluation of the current pilot projects.
Offenders are classified into minimum, medium or maximum custodial categories. Variables taken into account include the type of crime committed, the length of the sentence and previous convictions. The safe-custody classification of all offenders is reviewed regularly, and if their behaviour, or any other aspect affecting their security risk, justifies it, reclassification takes place.
sentenced children/juveniles and youths between the ages of 14 and 25.
In terms of the Constitution, a child is a person under the age of 18 years. The Department of Correctional Services regards a person between the ages of 14 and 25 years as a youth. The department is responsible for the detention, treatment and development of sentenced juveniles.
Section 7(2)(c) of the Correctional Services Act, 1998 (Act 111 of 1998), stipulates that children must be kept separate from adult offenders and in accommodation appropriate to their age, as young offenders are predisposed to negative influence.
The aim of this separation is the provision of distinctive custodial, development and treatment programmes, as well as spiritual care, in an environment conducive to the care, development and motivation of youths to participate and to develop their potential.
The nature of serious offences committed or allegedly committed by children under the age of 18 who were awaiting trial or sentenced is alarming. A breakdown of the nature of the crimes of those in custody on 31 January 2005 revealed that there were 604 economic-related offences, 804 aggressive offences and 230 sexual offences. A further 93 were detained for drug-related and other offences.
Of the crimes committed by 57 760 sentenced youths between the ages of 18 and 25, 29 103 were aggressive, 17 239 economical, 7 466 sexual, and 3 952 drug-related and other types of offences.
young offenders are motivated to actively participate in their own development and the realisation of their potential a culture and atmosphere of development prevails sound discipline and co-operation between personnel and offenders, and among offenders, are fostered and maintained.
Mother-and-child units have been established in eight female correctional centres nationally. By 31 March 2005, there were 173 infants under the age of five in correctional centres with their mothers. Policy on such infants clearly stipulates that mothers and children are kept in a separate unit within the correctional centre, where the surroundings and facilities are complementary to the sound physical, social and mental care and development of children.
Secondary privileges are aimed at leisure-time activities such as participation in sport and watching television. No sentenced offenders are allowed to receive food from outside prison or to use private electrical appliances.
The healthcare of offenders is regarded as an important responsibility of the department. It includes nutrition, personal care, environmental hygiene and pharmaceutical services. The department endorses the fundamental rights and privileges of all offenders.
In accordance with the Correctional Services Act, 1998, an independent judicial inspectorate regularly inspects all prisons and reports on their conditions and the treatment of offenders.
The policy and administrative framework for the maintenance of an adequate, affordable and comprehensive healthcare service is based on the principles of primary healthcare (PHC). The service includes mental, dental and reproductive health, supplementary healthcare, health-promotion management of communicable diseases (including HIV, AIDS and sexually transmitted infections [STIs]) and referrals where necessary, through the acknowledgement of national and international norms and standards, within the limited available resources.
the strict pursuance of ethical codes by health professionals regular health-quality inspections strict compliance with rules of confidentiality and privacy regarding the medical records of patients the continuous evaluation and upgrading of medical emergency services.
way as other patients in the State sector through PHC principles.
Offenders in need of further healthcare are, as far as possible, treated in state hospitals. The use of private hospitals for offenders is permitted in cases where public hospitals are unable to provide access to healthcare and only after approval by the Provincial Commissioner of Correctional Services.
toilet and bathing amenities with warm water suitable clothing and comfortable shoes adequate bedding a clean and healthy environment safe water-supply the promotion of a smoke-free prison environ ment. The Minister of Correctional Services approved the department's HIV and AIDS Policy in October 2002. The department will be involved in the roll-out of government's antiretroviral implementation plan to HIV-positive prisoners during the medium term.
The Department of Correctional Services provides a Expenditure under the Healthcare Programme was system in which offenders are treated in the same expected to increase from R777 million in 2004/05 to R1,2 billion in 2007/08. This will fund the department's commitment to managing HIV-and AIDS-related diseases and making available health services previously provided as free by provincial health departments. The department plans to improve these services by upgrading healthcare facilities in correctional centres and appointing medical practitioners, pharmacists and nursing personnel.
The department is committed to maintaining the health and strength of those entrusted to its care by satisfying their nutritional needs according to the Recommended Daily Allowance for food intake.
The objective is to provide all offenders with three nutritious meals per day and to provide for therapeutic and special diets when prescribed by a medical doctor. The system also allows for religious and cultural diets.
In its efforts to ensure compliance in this regard, a contract was negotiated with an external serviceprovider to render catering services to the offenders and to train staff and offenders who work in the kitchens.
Because of budgetary constraints, the department decided on phased implementation. The first phase has seen implementation at seven large management areas, which benefit about one third of the inmate population. An added advantage is that trained offenders will on release be able to participate effectively in the catering arena.
Rehabilitation aims to provide treatment and development programmes to offenders in partnership with the community. This will enhance personal and social functioning, and prepare them for reintegration into the community as productive, well-adapted and lawabiding citizens.
positively combat illiteracy within the prison environment actively engage the community to assist with development programmes for the people entrusted to the department's care develop and implement a needs-based development programme establish training centres at large prisons as well as capacity-building in small prisons market rehabilitation programmes to offenders and the community promote and implement restorative justice principles to ensure the involvement of offenders, victims and the community in the rehabilitation process.
The further establishment of training centres in the various provinces is aimed at equipping offenders with basic technical skills in a variety of fields such as brick-making, brick-laying, woodwork, welding, garment-making, etc. Training is also provided in business skills to equip individuals to operate their own small businesses following their release.
The department is in the process of researching, designing and developing needs-based correctional programmes to target and address the offending behaviour of individual offenders.
In March 2005, the Department of Correctional Services, in conjunction with the Department of Arts and Culture, launched the Arts Against Crime Project. The project involves artists visiting correctional centres and engaging with offenders to impart their love of the various art forms. It also aims to assist offenders in discovering and honing their own artistic skills. The Department of Correctional Services believes that exposure to, and participation in, the various art forms by offenders is of therapeutic value to them.
Institutional committees at each prison are responsible for ensuring a professional and co-ordi-nated approach towards the incarceration, treatment, training and development of all offenders.
This is implemented by means of a multidisciplinary approach in which all role-players are involved, i.e. those concerned with custodial, training, educational, psychological, religious-care and social-work functions, recreational sport and library projects, as well as self-sufficiency and life skills programmes.
Institutional committees have statutory decisionmaking competency regarding the safe custody of offenders, individual participation, subgroup and group programmes, as well as the prompt rewarding of positive behaviour.
All offenders have a right to basic education and training. The aim is to enhance the education level and improve the skills of offenders to facilitate their reintegration into the community.
Services are provided to sentenced and unsentenced offenders in collaboration with external partners (government institutions, training boards, NGOs, etc.) and are in line with the provisions of the South African Qualifications Authority and the National Qualifications Framework.
business and engineering correspondence studies technical studies vocational training occupational skills training instruction in recreation and sport arts and culture programmes life-skills training and development entrepreneurial skills training computer-based training. The main emphasis is on the provision of literacy and numeracy programmes, which include training in occupational, life and entrepreneurial skills. This should enhance the chances of the successful reintegration of the offender into the community and labour market.
Inmates are encouraged to take part in sport, recreation, and arts and culture activities as far as possible.
During 2004/05, 8 876 offenders benefited from the ABET Programme, while 5 205 and 5 723 respectively participated in Further Education and Training (FET) studies (grades 10 - 12 and N 1 - 3 business and engineering) and 1 710 in the Higher Education and Training field (certificate, diploma and degree studies).
Offenders who are of school-going age are provided with formal school education opportunities to complete their General Education and Training Certificate (Grade 9) to further their studies within the FET band.
Partnership agreements and formal working relationships were established with external serviceproviders of voluntary services in relation to formal education and skills development.
Within the Department of Correctional Services, the READY (Reintegration and Diversion for Youth) Programme is presented to young offenders by correctional officials. During 2004/05, 1 797 young offenders between the ages of 18 and 25 years competed in at least one of the three programme levels, i.e. bronze, silver and gold. From these, 97 young offenders were awarded gold certificates, representing the Western Cape, Free State, Northern Cape and Gauteng regions.
Some 300 offenders were trained during the 2004 academic year by 238 Readucate instructors, in a project facilitated by the Readucate Trust. The core of the Readucate approach is to teach literate prisoners how to become Readucate instructors, who in turn will teach functionally and/or totally illiterate prisoners how to read. This programme contributes towards the literacy tuition programme and serves as a conduit to the ABET programmes of the Department of Correctional Services.
Inmates are trained in 14 of the department's training centres throughout the country in various fields such as IT, brick-laying, woodwork, welding, etc. In 2004, about 11 government departments purchased a range of items produced in the department's workshops, generating revenue of about R3 million.
These training facilities are also available to members of the neighbouring communities to empower themselves. The Vukukhanye Youth Development Project in the Western Cape is a prime example where trainees from Paarl and Franschoek graduated with technical skills in garment-making, cabinet-making, upholstery and other fields in early 2005.
By May 2005, there were 25 permanent psychologists within the department. The department has registered with the Department of Health as an institution for psychologists who have to do one year of compulsory community service. Thirty-three psychologists completing a compulsory one-year community service joined the department in 2005. This positively impacted on the rendering of services in 2005. This venture is also supporting the Department of Correctional Services' rehabilitation drive and serves as a solution for continual recruitment.
offenders can see a private psychologist at their own expense final-year students who are completing their MA degrees in Clinical or Counselling Psychology provide services without remuneration under the supervision of their respective universities.
Social Work Services aims to provide professional services to help offenders cope more effectively with problems relating to social functioning, and to prepare them for reintegration into the community.
Social Work Services provides structured treatment programmes on issues such as life skills, family care and marriage, alcohol and drug abuse, orientation, sexual offences, trauma, pre-release, and HIV and AIDS.
On 30 April 2005, the department employed 462 social workers. The increasing number of people living with HIV and AIDS is a major challenge, as not all social workers are trained HIV and AIDS counsellors.
Research on the rehabilitation of offenders shows that rehabilitation interventions should be systematic and needs-based. A framework/model of intervention to assist in the consistent and intensive assessment and evaluation of offenders' needs and rehabilitation programmes, was subsequently developed.
All social workers in the department received training on the intervention model to assist in the consistent assessment of offenders and the provision of needs-based rehabilitation programmes.
Spiritual-care services are rendered through needsbased programmes within a multidisciplinary context to persons who are in the care of the department. This is done in partnership with churches or faith-based organisations (FBOs) and other roleplayers to rehabilitate offenders and reintegrate them into the community.
The department employs full-time chaplains and part-time spiritual workers from various religious backgrounds.
The extent of religious/spiritual counselling is reflected by the 43 437 spiritual services, 71 595 group sessions and 71 841 individual sessions held for offenders in 2004/05.
The department is a member of the International Prison Chaplaincy Association (IPCA). A working relationship also exists with FBOs like Prison Fellowship International, Alpha, New Life Behaviour Ministries and Kairos.
The Correctional Services Act, 1998 provides for the creation of independent regional correctional supervision and parole boards throughout the country, with greater powers to consider and approve which offenders, serving sentences exceeding 12 months, should be granted parole. In the interest of protecting the community, the department has abolished the concept of remission of sentence.
The Minister of Correctional Services inaugurated the correctional supervision and parole boards (CSPBs) in July 2005.
The new boards mark a historic departure from the past as key decision-making powers will be vested with community representatives appointed to chair the boards. All applications from offenders for parole will be considered and approved by CSPBs, with the exception of decisions on some categories of crimes committed by offenders as outlined in the Criminal Procedure Act, 1977 (Act 51 of 1977).
By July 2005, 42 chairpersons of the CSPBs had assumed duties. Fifty-two CSPBs will be established countrywide.
The victim of a criminal act may now also participate or be represented at the parole hearing. This allows, for the first time, the direct participation of victims in the justice system instead of them being called upon only as prosecution witnesses.
Courts are empowered to build a non-parole period into the sentence of any convicted criminal. This period may be as much as two-thirds of the total sentence. A person declared a habitual criminal may not be considered for parole before having served at least seven years in prison. Offenders serving a life sentence may not be considered for parole until they have served at least 25 years of their sentence.
The department aims to equip offenders with the skills required for effective reintegration into society after release. Offenders sentenced to longer than six months' imprisonment undergo a basic pre-release programme before release. Aspects receiving attention include how to secure employment, personal finance management and street law.
Plans are being implemented to make community correction offices more accessible to the majority of offenders and the community, especially in rural areas. The final location and decentralisation of the offices is envisaged by the end of 2006/07. On 31 March 2005, there were 172 fully functional offices and 21 suboffices.
By mid-2005, a revised classification system for offenders subject to community corrections was being developed. The intention is to align offenders' classification with the principles of rehabilitation, requiring more interaction between offenders and their supervision officials.
To achieve these goals, parolees are allocated to a supervision official of the department, who ensures that they are regularly monitored. Contravention of parole conditions leads to stricter conditions and increased supervision or reimprisonment for a part of or the entire remainder of the parole period.
Volunteers from the community are encouraged to assist the department in the monitoring of parolees.
Based on their risk profile, parolees are placed in minimum, medium or maximum supervision categories. The conditions for parole may include periods of house-arrest, restriction to a specific magisterial district, compulsory attendance of treatment programmes and the rendering of compulsory community service.
Persons awaiting trial may also be placed under correctional supervision. Because little is known about their criminal record prior to conviction, they are classified under the maximum supervision category.
Monitoring includes visits to the parolee's home and workplace, telephonic liaison and reports to the Community Corrections Office.
The department aims to increase the number of personnel responsible for managing and controlling persons sentenced to community corrections.
Correctional supervision, an alternative sentencing option available to law courts, entails that upon conviction, offenders are sentenced to a period of correctional supervision. Correctional supervision provides the opportunity to deal with some offenders outside the walls of correctional centres. Offenders who pose a real threat to the community and who have chosen crime as a career, however, do not qualify for correctional supervision.
house arrest community service, rendered free of charge victim's compensation restriction to a magisterial district prohibition on alcohol usage or abuse participation in certain correctional programmes. If the set conditions are violated, probationers can be referred to the court of first hearing for consideration of an alternative sentence or, in certain cases, be admitted directly to correctional centres to serve the remainder of their sentences.
According to Section 117(e) of the Correctional Services Act, 1998, it is an offence for a probationer or parolee to abscond from the system of community corrections. If found guilty, they may receive an additional sentence of up to 10 years' imprisonment.
On 31 October 2004, the community corrections population, comprising parolees and probationers, totalled 77 138 compared with the 184 871 sentenced offenders who were serving their sentences inside correctional centres at the same time.
Offenders whose parole has already been approved may under certain circumstances be allowed to spend weekends at home for the consolidation of family ties, preparation for release, or for reasons that involve the reintegration of the offender into society. Offenders may also be granted compassionate leave under certain circumstances, such as attending burials of close family members.
The Administration Programme funds the overall management of the department. It includes policy formulation by the minister, the national commissioner, and other members of senior management, and facilitates prison inspections by the inspecting judge.
The programme accounted for about 28% of the budget of the department in 2005/06, and increases by about 5% each year.
Employees of the Department of Correctional Services subscribe to the Labour Relations Act, 1995 (Act 66 of 1995). Two labour unions are active in the department, namely the Police and Prisons' Civil Rights Union and the Public Servants' Association.
Because the department renders an essential service, its members are not allowed to embark on strike action. Participation in illegal strikes led to the dismissal of 462 staff members during 2004/05.
The department actively participates in the initiative of the NCPS to establish community safety centres. These centres aim to provide integrated services in South Africa's disadvantaged communities. The departments of correctional services, health, social development, justice and constitutional development and the SAPS provide these integrated services to the community under one roof.
The department has embarked on a povertyalleviation programme that entails the deployment of offender-generated goods and services for poverty alleviation, disaster relief and rural development. The majority of prisons had engaged in projects by May 2005. In 17 areas they have managed to realise surplus produce in agriculture, which is donated to needy entities in the community, such as old-age homes, children's homes and orphanages.
A three-pronged anti-corruption strategy was approved by Cabinet in 2002.
corruption prevention investigation of corruption, fraud and serious maladministration disciplinary sanction of members found to be involved in corruption, fraud or serious mismanagement.
In implementing the strategy, it was necessary to forge a partnership with the Special Investigating Unit (SIU) that was called into being earlier by President Mbeki. The aim was to bolster the department's own investigative capacity and to deploy an independent specialist investigating agency.
While serious gains have been made in cleansing the department of corruption over the past three years, it requires a sustainable and prioritised anticorruption programme to seriously impact on corruption. In the process, the mandate of the SIU was extended to allow it to investigate all incidents up to and including November 2004.
The department in the interim established its own Departmental Investigation Unit (DIU). It is a fully fledged agency with three main divisions whose scope of work follows the three-pronged anticorruption strategy, namely prevention, investigation and sanctioning.
During 2004, 161 cases were investigated. Of these, 96 were for corruption, 28 for theft and 37 for fraud. Ninety-nine were finalised with 62 still under investigation. Sanctioning resulted in 30 dismissals and six final written warnings, while two staff members resigned prior to the conclusion of disciplinary proceedings.
an understanding of the most common manifestations of corruption within the department an internal capacity to effectively deal with corruption a whistle-blowing policy training of managers on anti-corruption awareness training aimed at ensuring consistent application of the department's Disciplinary Code and Procedure a database of corruption and maladministrationrelated information.
The department of Correctional Services has established relations with organisations such as the American Correctional Association, the IPCA and the International Corrections and Prisons Association (ICPA).
The department endorsed the Charter of Fundamental Rights for Prisoners at the 11th UN Congress on Crime Prevention and Criminal Justice in April 2005. It will continue to participate in multilateral fora such as the ICPA, the Conference of Commissioners for East and Southern Africa and the UN.
In conjunction with other African states, the department is developing a programme that will result in full compliance with the UN minimum standards on the treatment of offenders. Participation in binational commissions and joint commissions of co-operation has resulted in the department hosting several delegations from various countries, as well as the Commission on Human and Peoples' Rights under the AU.
Ministers responsible for prison management and correctional services in SADC countries are continuing efforts to implement the July 2003 Johannesburg Declaration on Corrections. The declaration seeks to include the field of corrections in the work of regional and continental multilateral structures.
The department is considering the development of policy guidelines to enable government to enter into prisoner transfer agreements with other countries. This policy advocates for the return of prisoners sentenced in foreign countries to enable them to complete their sentences closer to their families and the communities they will be released into. This affects South Africans in foreign prisons, as well as foreigners in South African prisons.
The policy has yet to go through government processes for final approval by Cabinet.
Beeld BuaNews Commission on Gender Equality Department of Correctional Services Department of Justice and Constitutional Development Estimates of National Expenditure 2005, published by National Treasury South African Law Reform Commission www.financialmail.co.za www.gov.za www.southafrica.
Abel, R.L. Politics by Other Means: Law in the Struggle Against Apartheid, 1980 - 1994. London: Routledge, 1995.
Asmal, K., Asmal, L. and Roberts, R.S. Reconciliation Through Truth: A Reckoning of Apartheid's Criminal Governance. 2nd ed. Cape Town: David Philip, 1997.
Asmal, K., Chidester, D. and Lubisi C. eds. Legacy of Freedom: The ANC's Human Rights Tradition: Africans' Claims in South Africa, the Freedom Charter, the Women's Charter and Other Human Rights Landmarks of the African National Congress. Johannesburg: Jonathan Ball, 2005.
Bennett, T.W. Customary Law in South Africa. Cape Town: Juta, 2004.
Bezuidenhout, C., and Joubert, S. eds. Child and Youth Misbehaviour in South Africa: A Holistic View. Pretoria: Van Schaik, 2003.
Burchell, J., and Erasmus., A. Criminal Justice in a New Society: Essays in Honour of Solly Leeman. Cape Town: Juta, 2004.
Coleman, M. ed. Crime Against Humanity: Analysing the Repression of the Apartheid State. Johannesburg: South African Human Rights Commission; Cape Town: David Philip, 1998.
Cries Without Tears: An Anthology of Writings from Rehabilitating Offenders. Johannesburg: Corrective Action Holdings and Sandton: Sizwe, 1999.
Doxater, E. and C. Villa-Vicenco, C. eds. Repairing the Unforgivable: Reparations, Restoration and Renewal. Cape Town: David Philip, 2003.
Doxater, E. and Villa-Vicenco, C. eds. Provocation of Amnesty: Memory, Justice and Impunity. Cape Town: David Philip, 2003.
Gibson, J.L. Overcoming Apartheid: Can Truth Reconcile a Divided Nation. Cape Town: Human Sciences Research Council (HSRC) Press, 2004.
Glauber, I. The Death Penalty as a Deterrent. Johannesburg: The Author, 2004.
James, W.G. and Van de Vijver, L. eds. After the TRC: Reflections on Truth and Reconciliation. Cape Town: David Philip, 2000.
Jeffrey, A. The Truth About the Truth Commission. Johannesburg: South African Institute of Race Relations, 1999.
McQuoid-Mason, D. ed. Street Law South Africa: Practical Law for South Africans. Cape Town: Juta, 2004.
Ndima, D. The Law of Commoners and Kings: Narratives of a Rural Transkei Magistrate. Pretoria: UNISA Press, 2004.
Richter, L., et al. eds. Sexual Abuse of Young Children in Southern Africa. Pretoria: HSRC, 2004.
Sibanyoni, C, comp. Directory of Human Rights Organisations. Pretoria: HSRC, 1999.
Truth and Reconciliation Commission of South Africa Report, vols 6 and 7. Cape Town: Juta, 2003. 2 vols.
Turrell, R. White Mercy: A Study of the Death Penalty in South Africa. Westport. Cape Town: Praeger, 2004.
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Although a role for traditional leaders and customary law is not excluded, a unitary system for the administration of all estates must be applied following the decision of the Constitutional Court in the Bhe matter. Comment is invited on a proposal that all estates should be administered subject to the supervision of the Master of the High Court. It is proposed that special protective measures should apply in small estates, but that in other estates beneficiaries should protect their own interests and the Master should not be obliged to examine all accounts or call for requirements after a liquidation and distribution account has been advertised for inspection free of objections. Regulations which prohibit classes of persons from being appointed as executor or assisting with the administration of estates should be replaced by a requirement that security must be lodged in all cases where the executor is not a duly qualified person or the executor is not assisted by a duly qualified person. Comment is invited on a long list of practical and technical proposals, for instance, should the Master decide factual questions, should there be an Ombud for the administration of estates and should electronic payments be recognised by legislation.
The main thrust of the review of administration of estates is to consider a unitary system for all South Africans. Measures to improve the administration process and reduce the work of the supervising authority and executors, as far as can be justified, are also considered.
It is proposed that all estates should be administered subject to the supervision of the Master and that beneficiaries should have a choice to report an estate to the Master or a service point with jurisdiction. Estates of all persons who die leaving a will or property must be reported. Comment is invited on the question whether a role should be retained for traditional leaders or authorities and customary law.
Comments are invited on the Master's Policy and Procedural Manual: Administration of Intestate Deceased Estates at Service Points, in particular on designation of service points, the need for centralised records, the reporting of testate estates and the payment of funeral expenses before the appointment of an estate representative.
The Master should not be obliged to examine accounts or tax executor's remuneration if no estate duty is payable, beneficiaries have no objections or complaints, there are no disputes about the administration, and there are no absentee, unborn, or minor beneficiaries, or other beneficiaries with limited capacity.
Different types of appointment, namely appointments for small estates in terms of section 18(3) and for foreign estates in terms of sections 21 and 25 should be done away with. Special rules should be enacted for executors in small estates which dispense with all requirements once an appointment has been made. Before the appointment of the executor in a small estate, the beneficiaries must sign a statement of assets and liabilities, which shows the intended distribution of the balance and the appointment must set out the assets to be dealt with by the executor.
In estates which comply with specified conditions an executor should be exempted form complying with almost all the requirements of the Administration of Estates Act once the executor has advertised for creditors and advertised a final account for inspection free from objections.
Regulation 910 should be repealed. Security should be called for in all estates except if the executor is or will be assisted in the administration of the estate by an attorney, accountant, board of executors or trust company, bank, or any other category of person exempted by the Minister from furnishing security in the light of the capabilities of the category of persons and measures to ensure professional conduct by the category of persons. If an executor or agent fails to comply with requirements the Master may refuse further appointments unless security is lodged.
The allocation of funds to the Master should reflect the reality that the Masters' offices play an important role in the lives of people and that the ability of the Masters' offices to render an efficient and effective service must be enhanced.
Comments are invited on the question whether the Master should decide questions of fact and whether the Master should have wide powers to gather information, and appoint a joint executor The Chief Master or one of the Chief Master's staff designated by the Chief Master as Ombud should have authority to investigate the actions of a Master or designated official, consider the merits of a matter, take evidence, review a decision of the Master or designated official and give directions which the Ombud deems fit to a Master or designated official?
Newspaper notices in terms of sections 29 and 35 should be done away with. Notice in the Government Gazette should be done away with if a website with public access has been established where notices can be placed.
The forms for death notices and inventories should be reviewed, death certificates should be lodged in all estates and it should be a criminal offence to wilfully furnish false information to the Master.
No changes to the calculation of executors' remuneration are recommended, but a fee charged by an agent should be noted with the executors' remuneration in the account if it differs from the remuneration.
Authority signed by an heir or creditor to effect payment by transfer of funds to a banking account identified in the authority and proof of transfer of funds to that account should be accepted as a receipt in terms of section 35(12) of the Administration of Estates Act. In cases where section 28 will apply the executor should be allowed to open any account with a bank or the Postbank and should not be obliged to open a cheque account.
Copies of the Discussion Paper on Administration of Estates are available free of charge from the office of the Law Reform Commission.
The closing date for comment on this Discussion Paper is 18 November 2005.
THE CONTACT PERSON FOR ENQUIRIES IN RESPECT OF MEDIA STATEMENT IS MR TIENIE CRONJE TEL (012) 392 9553 (OFFICE) mcronje@justice.gov.
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The South African Law Reform Commission is at present conducting an investigation entitled "Privacy and Data Protection" (Project 124). The investigation was included in the programme of the Commission at the request of the Minister for Justice and Constitutional Development.
The Minister has appointed a Project Committee for this investigation to assist the Commission in its task. The Chairperson of the Committee is Mr Justice Craig Howie. Prof Johann Neethling has been appointed as project leader and the other members are Prof Iain Currie, Ms Caroline da Silva, Ms Christiane Duval, Prof Brenda Grant, Ms Adri Grobler, Mr Mark Heyink, Ms Saras Jagwanth and Ms Allison Tilley.
The Commission hereby releases a Discussion Paper and a draft Bill for information and comment. The return date for comments is 28 February 2006.
Privacy is a valuable aspect of personality. Data or information protection forms an element of safeguarding a person=s right to privacy. The essence of information protection is to provide a person with (a degree of) control over his or her personal information in instances where his or her personal information is being collected, stored, used or communicated by another person or institution.
The recognition and protection of the right to privacy as a fundamental human right in the Constitution provides an indication of its importance. It is, however, not an absolute right and in protecting a person=s personal information, consideration should also be given to competing interests such as the administering of national social programmes, maintaining law and order, and protecting the rights, freedoms and interests of others, including the commercial interests of industry sectors such as banking, insurance, direct marketing, health care, pharmaceuticals and travel services. The task of balancing these opposing interests is a delicate one.
Concern about information protection has increased worldwide since the 1960's as a result of the expansion in the use of computer and telecommunications technologies. Worldwide, the surveillance potential of powerful computer systems has prompted demands for specific rules governing the collection and handling of personal information. In addition, the use of and reliance on electronic information for aiding in all kinds of decision-making processes have reached critical levels in all walks of life. For example, the increasingly wide-spread use of on-line shopping, telebanking and electronic funds transfer services has given rise to new sources of personal information concerning a person=s spending habits and lifestyles. Extensive medical records are now kept on computers by both hospital authorities and private insurers alike. Thanks to computer networking, this plethora of personal information can be accessed from many different locations and transferred amongst them easily and quickly. In addition, different information sources may be easily mixed and matched in any desirable way so as to create highly sensitive and private personal Aelectronic profiles@ which, apart from being used by the primary owners of the information, may be made available to anyone who is willing to pay. In reality decisions having major impacts on individuals (such as whether a loan is granted, a sensitive job is offered, or a life insurance proposal is accepted) are all too often made on the basis of these Aelectronic profiles@ without necessarily having confirmed their accuracy or perhaps without the knowledge of the individuals concerned.
There are now well over thirty countries that have enacted information protection statutes at national or federal level and the number of such countries is steadily growing. Examples are the United Kingdom (Data Protection Act 1998); Canada (Privacy Act 1983 and Personal Information Protection and Electronic Documents Act, 2000), Australia (Privacy Act, 1988 and The Privacy Amendment (Private Sector) Act 2000), New Zealand (Privacy Act 1993) and most European countries. The investigation into the development of information privacy legislation for South Africa is therefore in line with international trends.
Early on it was, furthermore, recognised that information privacy could not simply be regarded as a domestic policy problem. The increasing ease with which personal information could be transmitted outside the borders of the country of origin produced a history of international harmonisation efforts, and a concomitant effort to regulate transborder information flows.
In 1995, the European Union enacted the Data Protection Directive which states that countries lacking adequate information protection law will be denied general access to personal information from these states possessing it. Privacy is therefore an important trade issue, as information privacy concerns can create a barrier to international trade. South Africa cannot afford to be denied general access to personal information from its major trading partner countries, most of which have already implemented proper information protection legislation.
Î§ The protection of personal information in the public and the private sector should be regulated in an act of general application, called the Protection of Personal Information Act, supplemented by codes of conduct for specific sectors. Both automatic and manual processing of information will be covered and identifiable natural and juristic persons will be protected.
Î§ The proposed Bill gives effect to eight core information protection principles which, inter alia, prescribes the following duties and obligations for responsible parties and provides for the following rights for data subjects (i.e.
data subjects are allowed a right of access to their personal information and a right to demand correction if such information should turn out to be inaccurate.
Î§ Exceptions to the information protection principles are provided for and exemptions are furthermore possible for specific sectors in applicable circumstances. Special provision has furthermore been made for the protection of special (sensitive) personal information such as those revealing racial or ethnic origin, political opinions, religious beliefs, philosophical or ethical persuasions, trade union membership, health and sexual life.
Î§ Provision has been made for an independent Information Protection Commission with a full-time Information Commissioner to direct the work of the Commission. The Commission will be responsible for the implementation of both the new, envisaged Protection of Personal Information Act and the current Promotion of Access to Information Act 2 of 2000. Data subjects will be under an obligation to notify the Commission of any processing of personal information before they undertake such processing. Provision has also been made for investigations to be conducted by the Commission prior to commencement of the processing to establish whether it complies with the law in instances where the nature of the information being collected warrants a stricter regime.
Î§ Enforcement of the Bill will be through the Commission using as a first step a system of notices where conciliation or mediation has not been successful. Failure to comply with the notices will be a criminal offence. The Commission may furthermore assist a data subject in claiming compensation from a responsible party for any damage suffered. Obstruction of the Commission=s work is regarded in a very serious light and constitutes a criminal offence.
Î§ A flexible approach will be followed in which industries will develop their own codes of conduct (in accordance with the principles set out in the legislation) which will be overseen by the regulatory agency. Codes of conduct for individual sectors may be drawn up for specific sectors on the initiative of the specific sector or of the Commission itself. This will include the possibility of making provision for an adjudicator to be responsible for the supervision of information protection activities in the sector. The Commission will, however, retain oversight authority. Although the codes will accurately reflect the information protection principles as set out in the Act, it should furthermore assist in the practical application of the rules in a specific sector.
Î§ It is the Law Commission=s objective to ensure that the legislation provides an adequate level of information protection in terms of the EU Directive. In this regard a provision has been included that prohibits the transfer of personal information, except under special circumstances, to countries that do not, themselves, ensure an adequate level of information protection.
It should be noted that the promulgation of information protection legislation in South Africa will necessarily result in amendments to other South African legislation, most notably the Promotion of Access to Information Act 2 of 2000, the Electronic Communications and Transactions Act 25 of 2002 and the, still to be enacted, National Credit Bill [B18-2005]. All these Acts contain interim provisions regarding information protection in South Africa.
The issues raised need to be debated thoroughly. The Commission is seeking feedback regarding all its proposals as set out in the proposed draft Bill. Respondents are requested to respond as comprehensively as possible. The Commission will also be organising regional workshops at which members of the Project Committee will be present to explain and discuss proposed solutions set out in the Bill and to note comments.
The manner in which the investigation will further progress will primarily depend on the response received from interested parties. Parties who would like to become involved in the investigation, be included in the Commission=s mailing list or attend the forthcoming workshops are invited to submit their particulars to the Law Commission.
THE CONTACT PERSON FOR ENQUIRIES IN RESPECT OF MEDIA STATEMENT IS MS ANANDA LOUW TEL (012) 392 9566 (OFFICE) analouw@justice.gov.
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Leeuwfontein Coll.
RPM Union Section / Decline 4B # RPM Union Section / South Decline 4 # Samancor Hotazel Sigma Colliery Syferfontein Colliery Target Mine Tselentis Coll. Tshepong Mine Twickenham Platinum Mine Twistdraai Coll.
The MSA (Mk2) units deployed that have not been refurbished during the last two years have deteriorated to an extent where the majority of these units have reached or are approaching the rejection levels, i.e. a functional duration of less then 15 minutes. . This is mainly as a result of moisture penetration into the chemical. This problem is magnified by the fact that in many instances the original pair of the lid and bottom part of the protective casings of the units has been mixed up during repairs/refurbishments or are dented to such a degree that the casing seal can no longer compensate for such deformations.
16.2(2)If at any mine other than a coal mine the risk assessment in terms of section 11 shows that there is a significant risk that employee's may be exposed to irrespirable atmospheres at any area at the mine, the employer must ensure that no person goes into such area without a body worn self contained self rescuer, with complies with the South African Bureau of Standards specification SANS 1737.
16.4(1) The employer must annually have a representative sample of selfcontained selfrescuers at the mine tested by an organization accredited to do so in terms of the South African National Accreditation system for assessment of the structural integrity and functional performance.
<fn>GOV-ZA.2005derpoa20052015En.2012-02-10.en.txt</fn>
Published by the Commonwealth Secretariat Marlborough House, Pall Mall, London SW1Y 5HX, United Kingdom Tel: +44 (0)20 7747 6461 Fax +44 (0)20 7930 1647 Email: gad@commonwealth.int Website address: http://www.thecommonwealth.
Commonwealth Ministers Responsible for Women's/Gender Affairs took the lead in developing the Plan of Action, negotiated and agreed the final PoA at their 7th Meeting (7WAMM) held in Fiji Islands on 30 May - 2 June 2004.
Heads of National Women's Machineries brainstormed the PoA and discussed a first draft at their annual meetings held in New York in 2003 and 2004 in the wings of the 47th and 48th Sessions of the Commission on the Status of Women. The meeting of Senior Officials on the eve of 7WAMM was critical to negotiating the second draft PoA, resulting in the tabling of the PoA for discussion and agreement by Ministers at 7WAMM.
Members of the Commonwealth Gender Reference Group contributed their ideas, knowledge and experience to the webbased group discussions of the PoA.
The Commonwealth Foundation was instrumental in co-ordinating civil society participation in the process of developing the PoA. They convened the Partners' Forum at 7WAMM which included civil society organisations (CSOs); parliamentarians; magistrates, judges and lawyers; women entrepreneurs; and donor agencies. They also facilitated CSO contributions to the brainstorming and discussion of the first draft of the PoA in New York, and the final negotiations at 7WAMM. Particular thanks are due to Rudo Chitiga, Sharon Robinson, Katie Tiller and Helen Dalton.
A number of Commonwealth associations contributed to developing the PoA. Thanks are due to Denis Marshall, Niall Johnston and Meenakshi Dhar of the Commonwealth Parliamentary Association (CPA), Karen Brewer of the Commonwealth Magistrates and Judges Association (CMJA), Claire Siobhan Martin of the Commonwealth Lawyers Association, Sudha Singh of the Commonwealth Business Women's Network (CBWN), and Hazel Brown of the Commonwealth Women's NGO Network.
Special thanks are owed to the over 200 civil society organisations, including a large contingent from the Pacific, who dedicated time and effort to the PoA process by working with their governments at country level and during the 7WAMM, by participating in the Commonwealth Gender Reference Group and in the Partners' Forum at 7WAMM.
Thanks also for assistance from a number of other regional bodies and multilateral organisations, including the Asian Development Bank, British Council, CARICOM Secretariat, CIDA, IDRC, Pacific Islands Forum Secretariat, OSAGI, Secretariat of the Pacific Community (SPC), UNDAW, UNECA, UNECLAC, UNESCAP and UNIFEM.
The Commonwealth Secretariat assisted with the development of the PoA through two Secretariat-wide consultations of staff representatives and gender focal points of Divisions. These meetings included, importantly, representatives of the Commonwealth inter-governmental organisations and associations. The Secretariat also serviced the annual meetings of NWMs in New York and 7WAMM.
The Secretariat would like to thank Mandy Macdonald, Judith May-Parker and Christina Johnson for their contribution to the process of preparing and editing the various drafts of the Plan of Action.
VI.
VII.
Gender equality is one of the fundamental principles of the Commonwealth. The new Commonwealth Plan of Action for Gender Equality 2005-2015 (PoA) provides the framework within which the Commonwealth will contribute to advancing gender equality in the decade ahead. The PoA builds on past achievements, seeks to close persistent gaps, reflects the Commonwealth's response to global changes as they impact differently on women and men, and engages with new and emerging challenges. The PoA forms part of the Commonwealth's contribution to the United Nations Beijing+10 Global Review in 2005.
II. Gender, human rights and law III.
The PoA recognises that socio-economic development, democracy and peace are inextricably linked to gender equality. Thus, gender equality is viewed not only as a goal in its own right but also as a key factor in enhancing democracy and peace, eradicating poverty and violence against women, ensuring education for all, improving maternal health, reducing child mortality and combating HIV/AIDS. Advancing gender equality across the Commonwealth will contribute to development, democracy and peace.
The PoA reinforces the Commonwealth's commitment to the Millennium Development Goals (MDGs) and the promotion of a rights-based approach to gender equality.
The PoA advocates that the achievement of gender equality should be undertaken in partnership with men and boys. The new PoA will also promote the involvement of young persons, since over half of Commonwealth citizens are under 30 years of age.
Partnerships have been recognised as being one of the most effective ways of working towards gender equality in the context of the Commonwealth's areas of comparative advantage and the principle of common values in diversity. The Commonwealth will strengthen existing partnerships and forge new ones, especially with organisations that have expertise in the four critical areas.
This Commonwealth Plan of Action for Gender Equality 20052015 provides a template for action for the next decade. It will contribute to building a solid foundation for the achievement of gender equality in this century. And it reflects our commitment to ensure that, throughout the Commonwealth, women are recognised as equal partners with men in shaping our common future.
This document consists of four sections. Section 1 introduces the Commonwealth Plan of Action for Gender Equality 2005-2015 (PoA), its background and its place in the Commonwealth's overall framework and agenda for development, democracy and human rights. Section 2 outlines the achievements of the 1995 Plan of Action on Gender and Development and its 2000 Update1, identifies lessons learned and challenges to be addressed in the next decade, and highlights the Commonwealth's areas of comparative advantage which underpin its work programme. Section 3 analyses the four critical areas for Commonwealth action covered by the PoA, and makes recommendations for strategic actions by member governments and the Secretariat in relation to these areas. Section 4 outlines how governments and the Secretariat will implement the recommendations in collaboration with partners and how accountability will be ensured through monitoring, evaluation and reporting.
The PoA reflects the Commonwealth's principles and values and incorporates its responses to the differential impacts of global changes and challenges on women and men, girls and boys. It supports and works towards the attainment of the Millennium Development Goals (MDGs) and the objectives of gender equality expressed in the 1995 Beijing Declaration and Platform for Action (BPfA) and 2000 Beijing+5 Political Declaration and Outcome Document.
The Commonwealth recognises poverty eradication, the protection and promotion of human rights, the strengthening of democracy and gender equality as intrinsically inter-related. In fact, the MDGs cannot be fully attained while women and girls, and men and boys do not enjoy equal rights, treatment and access to resources in a climate of freedom from discrimination. The PoA thus takes a rights-based approach to all the critical areas it addresses, and is grounded in the framework of international and regional human rights conventions and other instruments.
Within these critical areas the Commonwealth aims to build on and deepen the gender mainstreaming approach introduced in the 1995 PoA and its 2000 Update, particularly when addressing persistent challenges such as gender-based violence and the achievement of women's full participation in leadership and decision-making.
Democracy is a fundamental value of the Commonwealth. Women's full participation in democracy and in peace processes, is crucial for the achievement of sustainable development. A target of no less than 30 per cent of women in decision-making in the political, public and private sectors by 2005 was recommended by the Fifth Meeting of Commonwealth Ministers Responsible for Women's Affairs (5WAMM) in 1996 and endorsed by the Commonwealth Heads of Government Meeting (CHOGM) in Edinburgh in 1997. In 2000, the Sixth Meeting of Ministers Responsible for Women's Affairs (6WAMM) recommended that the Commonwealth take action, in collaboration with other international organisations and civil society, to include women at all levels of peace-building, peacekeeping, conflict prevention, mediation and resolution, and post-conflict reconciliation and reconstruction activities.
While there have been some achievements, the challenge remains to: demonstrate the impact of women's contribution to democracy, peace and conflict in member countries; mainstream gender equality at all stages of the peace process; encourage political parties to adopt the 30 per cent target for women candidates; promote accountability for international legal instruments that governments have ratified; and harmonise national legislation with international standards as tools for promoting de facto equality.
Commonwealth Plan of Action for Gender Equality 2005-2015 development and the promotion of a culture of peace, geared particularly towards young people.
International human rights instruments impose a duty on states parties to guarantee equality of rights between women and men. However, women's and girls' human rights continue to be widely violated, and they face different forms of discrimination and disadvantage at different stages in the life cycle. Because customary laws, practices and traditions can affect people more than statutory laws on a day-to-day basis, it is critical to promote active dialogue and engagement among members of the justice system, religious, cultural, traditional and civil institutions and communities, particularly to address harmful practices. Full consideration should be given to the human rights of women and girls, and men and boys and where violations occur, effective recourse and consequences need to be established. Access to lifelong learning, as well as women's rights regarding access to and ownership of land and property must also be promoted and protected.
Gender-based violence remains widespread and has clear links with many other factors, such as poverty, HIV/AIDS, land and property rights, race/ethnicity, age and sexual orientation. An integrated response is essential to address it. The rapid growth of trafficking in persons is causing increasing global concern. Antitrafficking legislation must embrace a human rights approach and protect the rights of those most vulnerable to abuse.
Women are by no means a homogeneous group: they feel the effects of gender inequalities in different ways. There are many groups of women with particular needs, for example women with disabilities, rural and urban women, and younger and older women, migrant, refugee and indigenous women, women of different races, ethnic groups, cultures and classes. When referring to 'women', this recognition of diversity is vital.
Special attention needs to be paid to the promotion and protection of the human rights of indigenous peoples, particularly women, who continue to be marginalised and disadvantaged in comparison to other groups in society.
Poverty is not only based on low or no income, but is also linked to limited or unequal access to opportunities such as political, economic, natural, social and cultural resources. Gender inequality causes and exacerbates the impact of poverty on women. In order to achieve poverty eradication, enhancing women's capabilities is of critical importance. Gender equality needs to be mainstreamed into programmes and processes related to poverty eradication such as the MDGs, PRSPs and SWAps. Women's health, including women's and girls' sexual and reproductive rights, nutrition and maternal mortality, are also priority issues, and impact on the ability of women to develop sustainable livelihoods.
While globalisation and trade liberalisation offer new opportunities for economic growth and poverty eradication, they also pose critical challenges related to loss of livelihoods and employment, particularly for women. Multilateral trade processes need to be engendered, with women participating fully in the negotiations towards fair and just trading agreements and systems.
In order to effectively address the feminisation of both labour and poverty, the Commonwealth will broaden its approach to gender and economic empowerment. This includes facilitating the creation of an enabling environment for women by establishing, in collaboration with the ILO, appropriate legal and regulatory standards to ensure women workers' rights, social protection, the identification and development of appropriate skills and promoting women's organisations and networking. Improved access to productive resources, markets, skills and extension services is also needed for women, especially in agriculture, forestry and fisheries.
The next phase of developing work on gender-responsive budgets will focus on the revenue side of budgets, and on processes to mainstream and monitor gender budget analysis to ensure that these efforts are institutionalised.
Poverty and gender inequalities are driving factors in the spread and impact of HIV/AIDS.
Commonwealth Plan of Action for Gender Equality 2005-2015 because power imbalances can make it difficult for them to negotiate safe sex or refuse unwanted sex. Their unequal political and legal status perpetuates poverty, discrimination and limits opportunities in economic, social and cultural spheres of activity. Women's empowerment is a strategy for reducing their vulnerability to HIV/AIDS, and alleviating the impact of the disease.
HIV/AIDS should be considered within the framework of sexual and reproductive health rights. This should be an integrated approach that recognises broader issues and goes beyond health interventions to reduce gender inequality.
The specific needs of HIV/AIDS' infected and affected women, including care-givers and those at risk of infection through gender-based violence and poverty, need to be addressed. Gender equality should be mainstreamed into multisectoral, national, regional and international policies and programmes on HIV/AIDS. The Commonwealth Youth Ambassadors for Positive Living Initiative and adolescent reproductive health programmes should also be supported and promoted as a means of preventing the spread of the disease among young people, particularly girls and young women.
Lack of availability of and access to female-controlled prevention methods are a critical factor in the increasing infection rate among women and girls. Greater attention needs to be paid to research and investment in microbicides, improving the female condom and exploring other forms of female-controlled HIV prevention.
The PoA recognises that men and boys are essential partners in achieving gender equality. There are emerging gaps affecting men and it is critical that the Commonwealth engage actively with institutions and partners that work with men on gender equality issues. The PoA also promotes the involvement of young persons in various programmes designed to achieve gender equality.
The Secretariat will provide increased support to governments in the implementation of the PoA, provide policy advice and technical assistance on the application of gender mainstreaming, especially gender analysis and planning, and related issues identified by governments. For each critical area the PoA identifies strategies and mechanisms by which Commonwealth governments and the Secretariat will advance gender equality.
As well as strengthening the capacity of national women's machineries (NWMs) to mainstream gender equality, the Secretariat and other Commonwealth associations will work with other key constituencies including ministries, parliaments, local governments, justice systems, universities, public service training institutions and civil society organisations (CSOs), acting as advocate, broker and catalyst in the promotion of gender equality and mainstreaming.
The PoA is firmly grounded in partnership as the most effective way of working towards gender equality in the context of the Commonwealth's areas of comparative advantage and the principle of common values in diversity. The Commonwealth will strengthen existing partnerships and forge new ones, especially with organisations that have expertise in the four critical areas.
The Commonwealth recognises the four critical areas as interrelated and aims to integrate its implementation through various strategies such as generating and sharing knowledge and information, capacity building and monitoring, evaluation and reporting.
Monitoring, evaluation and reporting will be carried out in a variety of ways, including the Secretary-General's biennial report on the implementation of the PoA to CHOGM, and periodic meetings of Ministers Responsible for Women's/Gender Affairs. The Secretariat will integrate monitoring of the PoA into its 4year strategic planning and 2-year operational planning cycles, and gender audits of the Secretariat's work will be undertaken to assess its impact in promoting equality between women and men in the Commonwealth.
Advancing the Commonwealth Agenda into the New Millennium (2000-2005): An Update to the 1995 Commonwealth Plan of Action on Gender and Development. London: Commonwealth Secretariat, 2000.
Commonwealth Plan of Action for Gender Equality 2005-2015 1.
1.1 This new Commonwealth Plan of Action for Gender Equality 2005-2015 (PoA) provides the framework within which the Commonwealth will advance its commitment to gender equality and equity.2 The PoA incorporates the Commonwealth's response to the differential impacts of global changes on women and men, builds on achievements to date, seeks to close persistent gaps and engages with new and emerging challenges. The PoA will guide Commonwealth action for the 2005-2015 decade with a mid-term review in 2010 and updates as necessary. It will form part of the Commonwealth's contribution to the Beijing+10 Global Review in 2005.
1.2 Gender equality is one of the fundamental principles of the Commonwealth Heads of Government (CHOGM) Harare Declaration of 1991. The framework on gender equality has been provided by Commonwealth PoAs on Women and Development (1987) and Gender and Development (1995). The 1995 PoA, which formed part of the Commonwealth's contribution to the Beijing Conference and Platform for Action (BPfA), made the paradigm shift from a focus on women to a gender mainstreaming3 approach. It was updated in 2000 to reflect emerging gender equality issues in the new millennium.
Macroeconomics and social development.
We work as a trusted partner for all Commonwealth people as a force for peace, democracy, equality and good governance; a catalyst for global consensus-building; and a source of assistance for sustainable development and poverty eradication.
The PoA reflects the Commonwealth's fundamental values: democracy and good governance; respect for human rights and the rule of law; equality between women and men, girls and boys; and sustainable development and the eradication of poverty. The PoA will build on the Commonwealth's areas of comparative advantage (see 2.10).
1.4 It is guided by the priorities set out in the CHOGM 2002 Coolum Declaration, and takes account of the CHOGM 2003 Aso Rock Declaration's vision of a Commonwealth committed to development and democracy as mutually reinforcing goals (see 3.6). It seeks to advance gender equality through Commonwealth governments and the network of Commonwealth institutions (see Appendix V). Gender equality is being mainstreamed in the Secretariat's new governance structure and its 2004-2008 Strategic Plan4. The PoA responds to the provisions on gender balance and equity in the Commonwealth principles on accountability and the relationship between the three branches of government (2003).
1.5 The PoA reinforces the Commonwealth's commitment to the Millennium Development Goals (MDGs), acknowledging that all these goals can influence the eradication of poverty, empowerment of women and improvement of women's and girls' access to health and education as well as to the principles enshrined in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the BPFA (1995) and the Beijing+5 Political Declaration and Outcome Document (2000).
1.6 The PoA is committed to the promotion of a rights-based approach to gender equality by implementing the provisions of international, regional and national human rights instruments and mechanisms.
1.7 Issues of socio-economic development, democracy and peace are inextricably linked to gender equality. Thus, the PoA views gender equality not only as a goal in its own right but also as a key factor in enhancing democracy and peace, eradicating poverty, hunger and violence against women, ensuring education for all, improving maternal health, reducing child mortality and combating HIV/AIDS.
Commonwealth Plan of Action for Gender Equality 2005-2015 across the Commonwealth will contribute to development, democracy and peace.
1.8 The PoA advocates that the achievement of gender equality should be undertaken in partnership with men and boys. However, in identifying a role for men and boys in the achievement of equality for women, a principle that must be observed is the recognition of men's existing role in perpetuating inequalities and the need for men and boys to reshape their behaviour and transform their roles. Recognising that over half of Commonwealth citizens are young persons under 30 years of age and that by 2015 the proportion is likely to increase to 60-70 per cent in many member countries, it promotes the involvement of young persons in various programmes designed to achieve gender equality.
1.9 The Secretariat's strategy is based on working closely with national women's machineries (NWMs) and other relevant ministries and agencies in their efforts to promote gender equality. The PoA seeks to strengthen the financial and human resource capacity of NWMs to act as catalysts for gender mainstreaming in member countries. This building of capacity of NWMs and CSOs, should be accompanied wherever possible by practical measures to achieve this goal.
1.10 The PoA seeks to promote strong and dynamic partnerships in order to accelerate the achievement of gender equality through advocacy, brokering, consensus-building and sharing of knowledge, information and best practice. The partnership amongst stakeholders will be based on the principles of mutual respect, mutual benefit, participatory decision-making and collective responsibility, shared resources, accountability and transparency. Partners include Commonwealth member governments, the network of Commonwealth institutions, the United Nations and its agencies, international financial institutions, multilateral and bilateral agencies, regional bodies (see Appendix VI), regional initiatives such as the New Partnership for Africa's Development (NEPAD), civil society organisations (CSOs) and the private sector.
Gender equality refers to the equal rights, responsibilities and opportunities of women and men, and girls and boys. Equality does not mean that women and men will become the same but that individuals' rights, responsibilities and opportunities will not depend on whether they are born male or female. Gender equality implies that the interests, needs and priorities of both men and women are taken into consideration, recognising the diversity of different groups of women and men. Equality between women and men is seen both as a human rights issue and as a precondition for, and indicator of, sustainable people-centred development. Gender equity goes further than equality of opportunity to look at outcomes. Treating women and men, or girls and boys, equally does not automatically ensure that they obtain equal outcomes and benefits, since there are many structural factors that may militate against this. Work towards gender equity therefore looks at structural power relations in society as well as material resources, and may include taking positive or affirmative action to ensure that policies and programmes benefit women/girls and men/boys equally.
Gender mainstreaming is defined in the UN ECOSOC Agreed Conclusions 1997/2 as "the process of assessing the implications for women and men of any planned action, including legislation, policies or programmes, in all areas and at all levels. It is a strategy for making women's as well as men's concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and societal spheres so that women and men benefit equally and inequality is not perpetuated. The ultimate goal is to achieve gender equality."
The Commonwealth Secretariat's Strategic Plan 2004/5-2007/8: Programme 14 on Gender Equality and Equity will pursue the objective of 'strengthening the capacity of governments and civil society to achieve gender equality and equity in political, legal, social and economic policy, planning and programme implementation.'
Commonwealth Plan of Action for Gender Equality 2005-2015 2.
2.1 Commonwealth governments have adopted gender mainstreaming as the most effective strategy for achieving gender equality. A review of achievements in promoting gender equality since 1995 indicates significant advances in areas related both to the development and use of mechanisms for mainstreaming gender equality by governments and the Secretariat, and to actions on policy priorities identified in the 1995 PoA and its 2000 Update.
2.2 The following are some examples of the progress made by member countries:5 i. In response to the target set by the Fifth Meeting of Commonwealth Ministers Responsible for Women's Affairs (5WAMM), requiring that by 2005 at least 30 per cent of those in political and decision-making positions should be women, 12 Commonwealth countries had achieved women's representation in parliament of between 20 and 30 per cent by October 2003, with three (Mozambique, New Zealand and South Africa) consistently attaining the 30 per cent target. Since 1999, 24 countries have recorded an increase in female parliamentary representation, and there has been an appreciable rise in the number of female Ministers and Deputy Ministers.
ii. The Secretariat has done pioneering work on Gender-Responsive Budgets (GRBs), piloting its use in some countries, and developing tools and good practice. GRBs are being implemented in 50 countries internationally, 23 of which are Commonwealth countries. The GRB programme, spearheaded by the Secretariat in collaboration with other global partners, has promoted the use of the national budget as an instrument for ensuring that all sector programmes benefit women and girls, and men and boys equally.
iii. The Secretariat has developed the Gender Management System (GMS) as the Commonwealth's sector-wide approach to gender mainstreaming in support of member countries. The GMS promotes gender equality as a guiding principle in mainstream policy-making, planning, programme implementation, monitoring, evaluation and reporting. The GMS series of manuals provides a practical framework for applying gender analysis tools to priority sectors such as finance, education, trade and industry, and cross-cutting development issues such as poverty and the MDGs, HIV/AIDS, gender-based violence, and post-conflict reconstruction (see Appendix VII).
Several governments have made efforts to integrate a gender perspective into various aspects of conflict prevention and resolution, peace agreements, peace-building, peacekeeping and post-conflict reconstruction. The Secretariat has supported this by organising regional symposia in Africa, Asia, the Caribbean and the Pacific.
A number of Commonwealth countries have made legislative and procedural provisions to combat domestic and other forms of gender-based violence. Some 11 Caribbean countries have put in place laws on gender-based violence drawing on the Secretariat's model legislation, and 12 SADC and East African countries have developed national action plans. The Secretariat has supported these initiatives through regional judicial colloquia on the promotion of the human rights of women and the girl child, and workshops in Africa, Asia and the Pacific on the Secretariat's integrated approach to gender-based violence.
vi. At CHOGM 2003 Commonwealth governments reaffirmed their commitment to combating the spread and mitigating the impact of HIV/AIDS. Ongoing activities include mainstreaming gender equality in the multisectoral response to HIV/AIDS, strengthening the youth perspective of national AIDS policies, and advocacy aimed at involving men in HIV/AIDS prevention. Work on gender and HIV/AIDS has been undertaken with several African governments (e.g., Botswana, Ghana, Kenya and Namibia), and regional initiatives have been carried out through SADC and ECOWAS.
2.3 Despite these achievements, there is now a clear need to accelerate implementation by member countries of both key international conventions and treaties and national gender equality policies, plans and programmes, to extend the range of partnerships, to pursue measurable results-oriented activities, and to develop more stringent monitoring of such implementation based on agreed targets and appropriate gender indicators.
2.4 This PoA is guided by reflection on both the achievements and gaps of the 1995 PoA and its 2000 Update. There is a need to deepen the work already begun, and continue to work on areas of persistent concern with renewed focus. The current global context throws up new issues related to gender, democracy, peace, conflict and human security, the opportunities and challenges of globalisation, and the HIV/AIDS pandemic. Attention to gender and economic empowerment needs to be broadened beyond macroeconomic policy to address the mesoand micro-levels that affect women's livelihoods in the formal and informal economy.
2.5 In 1995 the Secretariat's primary constituency on gender issues was NWMs, but increased awareness of the importance of gender equality underscores the need not only to strengthen NWMs but also to mainstream gender equality in ministries such as finance, planning, health and education. Strategic partnerships with other Commonwealth associations representing key constituencies such as parliamentarians, the judiciary, the private sector,6 the media and CSOs have also proven to be effective in advancing the achievement of gender equality.
2.6 Focused implementation needs to be underpinned by sexdisaggregated data, and in many Commonwealth countries this is lacking or uneven. Governments need to enhance disaggregated data collection (by sex, age, ethnicity and other relevant factors) in order to improve their information and analysis for planning and programme delivery.
2.7 Major social, economic and political changes, particularly in relation to conflict, globalisation, poverty and HIV/AIDS, have vital implications for gender equality. For example, conflicts in Commonwealth countries are increasing in number and are steadily worsening in their impact on the lives of civilians, with clear and disturbing gender aspects (e.g., rape with impunity used as a weapon of war, abduction of girls, child soldiers, and refugees and internally displaced persons). One-third of the estimated 1.2 billion people in the world living on less than US$1 a day are Commonwealth citizens,7 as are 64 per cent of the 2.8 billion people who live on under US$2 a day. Over two-thirds of these are women. Of the 40 million people living with HIV/AIDS,8 60 per cent are Commonwealth citizens, and nine of the most affected countries are Commonwealth member states. The World Health Organization (WHO) estimates that women account for more than half of all newly infected adults and, worldwide, 15.7 million women are living with HIV.9 2.8 This PoA sharpens the focus on working towards gender equality in partnership with men and boys, and also recognises emerging male gender gaps and issues. These include boys' underachievement in education, the issues of child soldiers and men in armed conflicts, and the pivotal role of men in sexual and reproductive health, and HIV/AIDS and its prevention. In addition to being perpetrators of gender-based violence, men and boys also experience various forms of violence, including gender-based violence in armed and other forms of conflict. As traditionally male-dominated industries collapse or are reorganised in the global economy, men frequently face unemployment. The PoA recognises that there is a diversity of regional and national experience in this respect, which countries will need to address appropriately.
2.9 The PoA recognises that poverty eradication and socio-economic development cannot be achieved unless women have equal access to social and economic resources. Further, women's livelihoods are critical to their ability to be free from genderbased violence, to negotiate safe sex and to exercise political influence.
2.10 The Commonwealth's areas of comparative advantage respond to its principles and values: democracy and good governance, respect for human rights and the rule of law, gender equality, sustainable development and poverty eradication. They also include issues related to least developed countries (LDCs), small states and the HIV/AIDS pandemic. Common values and similarities among member countries in political, administrative, legal, educational and other systems also represent a strength, facilitating consensus-building and the sharing of experiences, expertise and resources.
2.11 The Commonwealth recognises that gender differences do not exist in a vacuum but intersect with a number of other factors of diversity, such as class/caste, race/ethnicity, age, religion, disability and sexual orientation. Diversity is intrinsic to the Commonwealth, which derives strength from its member countries' mix of peoples, geographical environments and levels of economic development, and uses the principle of common values in diversity to seize opportunities to share experiences and resources and develop consultative and collaborative processes.
2.12 The establishment by the Secretariat of a new Division, the Social Transformation Programmes Division (STPD), through merging the Gender, Education and Health sections, provides an excellent opportunity for mainstreaming gender equality into two of the most critical sectors of development, education and health, and thus for meeting several of the MDGs.
For detailed accounts, please see the Secretary-General's biennial Reports to CHOGM on the Implementation of the 1995 Commonwealth Plan of Action on Gender and Development and its 2000 Update. London: Commonwealth Secretariat, 1997, 1999, 2001 and 2003.
These Commonwealth associations include the Commonwealth Parliamentary Association (CPA), Commonwealth Magistrates and Judges Association (CMJA), and the Commonwealth Business Women's Network (CBWN) (see Appendix V).
Commonwealth Secretariat, Making Democracy Work for Pro-Poor Development, Report by Commonwealth Group of Experts. London: Commonwealth Secretariat, 2003. 8. UNAIDS data, 2003; see www.unaids.org 9. WHO, HIV-Infected Women and their Families: Psychosocial Support and Related Issues. A Literature Review. Geneva: WHO, 2003. 3.1 The Commonwealth focuses on four critical areas in this PoA: I. Gender, democracy, peace and conflict II. Gender, human rights and law III. Gender, poverty eradication and economic empowerment IV. Gender and HIV/AIDS I Gender, democracy, peace and conflict 3.2 As a Commonwealth fundamental value, democracy is well articulated in various documents, notably in the 1991 Harare Declaration. The Commonwealth promotes and supports democracy, characterised by representative government, equal participation, transparency, accountability and responsiveness to all its citizens, women, and men, young and old persons. The importance of transparency should be emphasised because of the negative impact of corruption on women. 3.3 The 5WAMM in Trinidad and Tobago (1996) recommended that 'member countries should be encouraged to achieve a target of no less than 30 per cent of women in decision-making in the political, public and private sectors by 2005'. This target was subsequently endorsed by CHOGM in Edinburgh in 1997. Countries with proportional representation systems (e.g., New Zealand and South Africa) have recorded a marked increase in women's representation in parliament, and have encouraged women to pursue and advance political careers. Similarly, decentralisation, with its devolution of power and resources, appears to be creating better access and opportunities for women's effective participation and representation in government. Currently the 30% target will not be achieved by the 2005 deadline. The Commonwealth acknowledges the need to work harder to achieve the minimum target of 30% representation by 2015. 3.4 Many Commonwealth countries have continued to strengthen 3.
24 Commonwealth Plan of Action for Gender Equality 2005-2015 Commonwealth Plan of Action for Gender Equality 2005-2015 25 democratic systems of government, introduced accountability measures, and increased women's representation through adoption and implementation of quotas and affirmative action measures. For example, Uganda introduced a constitutional reform to provide for one woman Member of Parliament per district and one third of local council positions for women. Similarly, India's 73rd and 74th constitutional amendments reserved one-third of all local government seats for women, which has resulted in over 500,000 women being elected to the Panchayat Raj throughout the country. Following the first postconflict national elections in Sierra Leone in 2002, the percentage of women in parliament increased from 8 to 15 per cent.
3.5 However, many governments remain fragile and need stronger institutional infrastructure to sustain democracy, such as Ombudspersons, electoral commissions, parliamentary oversight bodies, an impartial judiciary to uphold the rule of law and human rights, and adequately trained civil servants, including women. Even where democratic institutions are firmly established, citizens, particularly women, continue to be marginalised and have little access or capacity to influence national policies, plans and programmes. This institutional infrastructure must be supported by explicit and practical capacity building to ensure that NWMs and CSOs can function effectively.
3.6 Women's participation and representation in the frontline of democracy and peace processes is crucial. For women to be able to influence decisions that affect their lives and those of their families, their political, social and economic empowerment must form part of the democratic ideal that contributes to sustainable development. In fact, since women constitute more than half the population, sustainable development cannot be achieved without them. Democracy and development thus need to be seen as mutually reinforcing goals essential to the achievement of gender equality.
Commonwealth Plan of Action for Gender Equality 2005-2015 in member countries and make appropriate recommendations. The Secretary-General's Good Offices, reaffirmed most recently by CHOGM in Abuja in 2003, supports capacity-building initiatives to prevent and resolve conflicts, and to ensure increased women's participation and representation in peace processes.
3.8 In the Commonwealth and globally, armed conflicts within and between states, sharpened by growing threats to human security and assisted by the proliferation of small arms and light weapons, are on the increase. Unequal power relations, lack of access to resources, intolerance and lack of respect for individual rights and freedoms fuel armed and other forms of conflict. Statistics show that civilian populations are increasingly the targets of a myriad of human rights violations such as trafficking in persons, rape with impunity used as a weapon of war, abduction of girls, recruitment of child soldiers and other crimes against humanity. These actions and crimes, committed by both state and non-state actors, violate conventions and treaties such as the Universal Declaration of Human Rights, the four Geneva Conventions, the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), CEDAW and the Convention on the Rights of the Child (CRC), with their various Optional Protocols. The differential impacts of conflicts on women, men and children, and the challenges they create, have profound democratic and developmental implications for all humanity. Women and girls with disabilities in conflict situations are particularly vulnerable and specifically targeted for support.
3.9 The 1995 BPfA identified the effects of conflict on women as one of its 12 critical areas of concern. It affirmed the need to increase women's participation in conflict resolution and peace-building at decision-making levels. It also recommended strategic actions to be taken by governments, the international community, the private sector and CSOs, urging adequate protection of women and children during times of conflict. These recommendations arose principally from a view of women as 'victims' of armed conflict. However, women's active and positive contributions towards peace and conflict resolution processes have more recently also been recognised and documented by the international community. Consequently, the UN Security Council in its resolution 1325 in 2000 made an urgent call for the 'equal participation and full involvement of women in all efforts for the maintenance and promotion of peace and security', and emphasised 'the need to increase their role in decision-making with regard to conflict prevention and resolution'.
3.10 Against this background, the 6WAMM in Delhi (2000) recommended that 'the Commonwealth take action in collaboration with other international organisations and civil society to include women at the highest levels of peace-building, peacekeeping, conflict mediation, resolution, and post-conflict reconciliation and reconstruction activities'. They encouraged a 30 per cent target of women's participation in peace initiatives by the year 2005. As part of its assistance to countries experiencing conflict, the Secretariat held a Sierra Leone national consultation on 'Women and Men in Partnership for Post-Conflict Reconstruction' in May 2001, following a decade of armed conflict that led to the virtual collapse of the country's social, economic, legal and political fabric. The consultation provided a platform for Sierra Leoneans to share their experiences and views, and define their own solutions so that women, men, boys and girls could work together to create a more democratic, equitable and prosperous future.
3.11 The challenge now is to push beyond numbers and demonstrate the impact of women's contribution to democracy and peace in member countries; promote implementation and accountability for international legal instruments that governments have ratified; harmonise national legislation with international standards as tools for promoting de facto equality; encourage political parties to adopt the minimum 30 per cent target for women candidates; and ensure women's participation and representation in conflict prevention and resolution, peacebuilding and post-conflict reconstruction processes. In line with the Commonwealth's comparative advantage, there is need to develop a human rights-based approach to citizenship and peace education at all levels of society including curriculum development and the promotion of a culture of peace, geared particularly towards young people, to ensure sustainability.
Commonwealth Plan of Action for Gender Equality 2005-2015 3.
i. Supporting the adoption, accession, ratification, implementation and monitoring of legal instruments and frameworks related to democracy, peace and conflict.
ii. Strengthening democratic and political systems through achievement of the Commonwealth target of at least 30 per cent of women in decision-making in the political, public and private sectors. This will require a strengthening of institutional capacity. Countries which have already reached 30 per cent should continue to strive for a higher target.
iii. Supporting the development and mainstreaming of gender equality into early warning mechanisms, conflict prevention and resolution, peace agreements, peace-building, reconciliation, post-conflict reconstruction, and disarmament, demobilisation and reintegration processes.
Promoting capacity building and strengthening partnerships between governments, NWMs, civil society, media, schools, institutions of higher education, religious organisations and other social institutions, regional and international bodies in the promotion of gender equality and tolerance of diversity.
Ensuring the collection and dissemination of sexdisaggregated data and integrating gender analysis into policy-making, planning and programme implementation in conflict and post-conflict situations.
vi. Documenting and disseminating best practice in gender equality initiatives in the area of democracy, peace and conflict.
vii. Promoting the funding of programmes that will facilitate the gender-sensitive leadership of young people.
viii. Promoting attention to democracy, good governance, peace, security and the importance of gender issues in the school curriculum.
i. Increase women's representation to a minimum of 30 per cent in decision-making in parliament and local government by creating an enabling environment for women (including young women) to seek and advance political careers and by other measures such as encouraging political parties to adopt a 30 per cent target for women candidates as part of their xii. Promote assistance in mine clearance, and support efforts to manifestos and to provide leadership training for women.
Governments who have already achieved 30 per cent should de-mining without unnecessary discrimination.11 strive for much higher aspirations. xiii. Develop peace and citizenship education programmes ii. Review the criteria and processes for appointment to (including in conflict situations) that promote respect for decision-making bodies in the public and private sectors to individual rights and freedoms, gender equality, diversity encourage increased women's participation and including religious and cultural diversity, and pluralism.
representation. This will require explicit investment into xiv. Collect, monitor and disseminate with urgency sex institutional capacity. disaggregated data to inform early warning mechanisms and iii. Promote standards in the media whereby discriminatory conflict intervention programmes.
and/or derogatory images and remarks about women are xv. Promote the implementation and monitoring of Security eliminated. Council Resolution 1325.
Reduce and eventually eliminate the proliferation of small arms and light weapons. 3.
v. Promote women's full, equal and effective participation at all levels and stages of peace-building processes including i. Assist governments, NWMs, political parties, civil society and formal and informal negotiations and agreements. other partners to achieve the target of 30 per cent of vi. Ratify legal instruments, and ensure that national legal women's representation in the political, public and private frameworks promote and protect women's human rights, sectors.
and provide redress for survivors of armed conflict, ii. Support legislative reviews, policies and programmes particularly women and girls. including women-specific measures that guarantee equal vii. Mainstream gender equality, human rights, HIV/AIDS into the opportunities and treatment to women and men in all training of peacekeepers, disciplined forces, and law sectors and at all levels.
enforcement personnel and their partners to ensure iii. Support leadership and other capacity-building programmes appropriate codes of conduct. to enable women (including young women) to seek political viii. Promote and support the work of the Special Tribunals,10 office and advance political careers.
and ensure that where crimes are committed in situations of iv. Provide policy advice and technical assistance to countries in armed conflict, all perpetrators are prosecuted, both state mainstreaming gender equality at all stages of the peace and non-state actors. process, including conflict prevention and resolution, peace ix. Address the specific needs of women, men and young agreements, peace-building, peacekeeping, reconciliation, persons in conflict situations, especially those of child post-conflict reconstruction, and disarmament, soldiers, refugees, internally displaced persons (IDPs) and demobilisation and reintegration processes. This will require people with disabilities. the extension of work in partnerships for post-conflict x. Provide adequate medical, financial and psycho-social reconstruction.
assistance and care for women and men, including culturally v. Support member countries' ratification and implementation sensitive counselling to survivors of rape, sexual assault and of legal instruments that promote and protect human rights, other violations. including women's rights, and redress violations in conflict xi. Implement effective disarmament, demobilisation, and post-conflict situations.
rehabilitation and reintegration programmes for ex vi. Support the development of peace and citizenship education combatants that address the specific needs and experiences (including in conflict situations) as part of school curricula, to of women and girls in post-conflict situations. promote and foster a culture of peace.
vii. Collaborate with governments, NWMs and other partners to based data collection. It is in this context that violations of document and disseminate best practice in the area of human rights of women and girls including elderly women and gender, democracy, peace and conflict. women with disabilities, occur and actions to redress these issues viii. Collaborate with governments, NWMs and other partners to such as human rights education, remain urgent priorities.
undertake gender-focused research and analysis on women and girls in situations of armed conflict. 3.17 Women and girls experience different forms of discrimination and disadvantage at different stages in the life cycle.
II Gender, human rights and law selection may be used to reduce the proportion of girls being born; as children, they may be denied the right to an education.
3.15 The Commonwealth asserts its commitment to promoting a As girls mature, their sexuality and sexual identity may conflict rights-based approach in all areas of its work. In issues related to with their society's legal, social or religious views about sex, gender equality and human rights, national constitutions, marriage and childbearing.
Declaration of Human Rights and CEDAW are the primary men's; women and girls are more vulnerable to exploitation; and instruments by which states parties have a duty to guarantee women experience particular discrimination as they age. In order equality of rights between women and men. This framework is to ensure that progress and gains made at one stage in the life reinforced by provisions in national statutes, as well as regional cycle are not negated by adverse experiences and discrimination treaties and instruments. In addition, other critical international later, adequate support needs to be given to enable transitions or regional human rights instruments and monitoring bodies, throughout the life cycle.
which embed and extend these rights,12 must also be recognised as key instruments for moving forward the gender-based rights 3.18 Customary and religious laws, practices and traditions often have agenda and integrating it into policies and programmes at all greater significance and value for people in their daily lives than levels. the established statutory and constitutional laws in a country.
15 have ratified its Optional Protocol, there are still significant behaviour are formed and regulated at household and gaps in implementation. Many countries have ratified with community level, often being shaped by elders, traditional reservations. Commonwealth countries should be encouraged to leaders or religious institutions.
ratify CEDAW and other instruments such as the Convention on the Rights of the Child. The lack of a gender perspective in the 3.19 It is therefore critical to promote active dialogue and administration of the law has stymied gains made in engagement among members of the justice system, religious, international and regional treaties and conventions. Even where cultural, traditional and civil institutions and communities to sound legislation exists, application and interpretation of these address women's human rights in all cultures. It is critical that laws are inadequate for many reasons: lack of political will, harmful practices which violate the rights of women and girls jurisdictional issues, lack of awareness in the public service and such as female genital mutilation (FGM), early marriage, widow justice systems at all levels, lack of enforcement capacity, inheritance13 are eliminated as a matter of urgency. Where traditional or customary systems of law that discriminate against multiple legal systems and practices exist - including women, women's inadequate awareness or legal illiteracy constitutional, religious and customary - full consideration concerning their rights and recourse to justice, limited human should be given to the human rights of women and men, and and financial resources for monitoring and enforcement at girls and boys and where violations occur, effective recourse and national, local and community levels, and inadequate evidence consequences need to be established.
3.20 Gender-based violence remains one of the most intransigent forms of human rights violation because of its complex and varied forms and contributing factors. The right to freedom from gender-based violence will only be effectively realised in the context of increased social, political and economic freedoms and rights for women. There are clear links between gender-based violence and many other factors, such as poverty, HIV/AIDS, land and property rights, race/ethnicity, age and sexual orientation, and effective strategies to address gender-based violence need to recognise the full range of discrimination and prejudice in which it is perpetrated. Approaches to gender-based violence have often failed to recognise the special predicament of widows and older women who may be especially vulnerable due to their economic and social circumstances. There is evidence that widows of all ages are abused through traditional practices which include discrimination in inheritance and property ownership. This situation is immeasurably compounded by conflict which has not only increased the number of widows worldwide, but renders them and their children more vulnerable to violations of their rights. Integrated approaches undertaken by all relevant agencies are required, underpinned by comprehensive laws and policies, monitoring and enforcement systems, and mechanisms to ensure accountability for implementation.
3.21 The rapid growth of trafficking in persons is causing increasing global concern. Many of those most exploited and subjected to slavery-like situations are women and girls. It is widely acknowledged that the root causes of trafficking include the feminisation of poverty, displacement as a result of natural and human-made catastrophes, gendered cultural practices, gender discrimination and gender-based violence in families and communities. However, it is important to recognise clearly the distinctions between trafficking, smuggling and regular and irregular migration, and to ensure that solutions and strategies appropriate to each context are found. Anti-trafficking legislation must embrace a human rights approach and protect the rights of those most vulnerable to abuse.
Commonwealth Plan of Action for Gender Equality 2005-2015 to other groups in society, and face significantly greater poverty, social exclusion and discrimination, there has been a lack of recognition of their rights, despite acknowledgement of the marginalisation of indigenous peoples in the CHOGM Lusaka Declaration of 1979.
3.23 Respect for land and property rights is fundamental to the realisation of human rights and gender equality. Despite constitutional and legal guarantees in many Commonwealth countries prohibiting discrimination against women with regard to ownership of, access to, or inheritance of land and property, de facto discrimination persists.
i. Legislative and constitutional reform, judicial capacity building and strengthening of mechanisms for implementation, monitoring and accountability of gender equality commitments.
ii. Culture, violence against women, the law and human rights, including rights regarding access to and ownership of land and property.
iii. Gender-based violence, integrated with work on trafficking in persons (especially women and girls), conflict resolution, peace-building and post-conflict reconstruction.
Indigenous peoples' rights, with a focus on indigenous women and girls.
Gender and human rights throughout the life cycle, addressing discrimination and opportunities at all stages of life and ensuring the maintenance of rights from one stage to another, linked with the achievement of the MDGs and poverty eradication strategies.
i. Recognise, ratify and implement international and regional human rights instruments that promote gender equality.
ii. Promote legal and, where appropriate, constitutional reform in accordance with the universal standards of human rights including CEDAW in support of gender equality and strengthen the knowledge and capacity of the justice system, parliament and local authorities on gender equality and rights issues through appropriate and ongoing gender training.
iii. Promote active dialogue and engagement between members of the justice system and religious, cultural, traditional and civil institutions and communities, to address women's human rights at all levels.
Adopt an integrated, zero-tolerance approach to genderbased violence, including strengthening of the law, appropriate public education, adequate institutional and financial support to address the needs of victims and witnesses, and rehabilitation of perpetrators.
Promote the implementation and enforcement of appropriate laws and policies against trafficking and the commercial sexual exploitation of women and children, including the UN Protocol to Prevent, Suppress and Punish Trafficking in Women and Children, and develop plans and strategies to give effect to this protocol at the national level.
vi. Foster and develop national, local and regional programmes of action with indigenous peoples, particularly women, in accordance with international human rights standards and Commonwealth values on development, democracy and good governance, where required.
vii. Promote the maintenance of gender-related rights throughout the life cycle, through the fulfilment of commitments made in the Convention on the Rights of the Child and CEDAW, as well as other agreements such as the Madrid International Plan of Action on Ageing and related regional plans of action and implementation strategies.
viii. Ensure that women's rights to land, housing, property and inheritance are promoted and protected, having recourse to relevant international and national instruments on human rights and poverty eradication.
ix. Codify positive customary laws that protect women as a process of reviewing the existing laws to ensure that all laws are in conformity with both international and domestic human rights obligations.
Commonwealth Plan of Action for Gender Equality 2005-2015 develop appropriate laws and policies for the promotion and protection of women's human rights.
ii. Documenting and disseminating case studies of good practice that address customary laws and practices that promote the rights of women and girls; examples of dialogue and synergy between customary systems and constitutional and statutory institutions; and good practices in land reform processes that take into account gender equality.
iii. Providing training on the elimination of gender-based violence, using integrated approaches, and promoting the sharing of good practice at all levels.
Supporting governments in the development of national plans and strategies to implement the UN Protocol to Prevent, Suppress and Punish Trafficking in Women and Children.
Promoting the rights of indigenous peoples, especially women, in political, social, economic and cultural spheres.
3.27 As has been noted earlier (see 2.7), the Commonwealth contains a sizeable proportion of those living in poverty. It is now universally accepted that poverty is not only based on low or no income but is also intrinsically linked to lack of access to political, economic, social, natural and cultural resources. This results in the lack of entitlements and opportunities, and social exclusion that can be based on gender, class, caste or other forms of marginalisation. Gender inequality causes and exacerbates the impact of poverty on women, who globally account for about 70 per cent of those living in poverty. The BPfA and the Beijing+5 Outcome Document identified women's persistent and increasing burdens of poverty and unequal access to resources as critical areas of concern. It is clear that in order to achieve the MDGs, the policies addressing poverty that are adopted must necessarily promote gender equality. While no specific gender target has been attached to the first goal, indicators with economic implications relate to the expansion of women's waged employment in the non-agricultural sector (goal 2) and security of land tenure (goal 7).
Commonwealth Plan of Action for Gender Equality 2005-2015 3.28 While globalisation and trade liberalisation offer new opportunities for economic growth and poverty eradication, they also pose critical challenges related to loss of livelihoods and employment for both women and men, and increasing labour mobility that can have serious implications for families, with women generally being more severely affected. Economic restructuring and high levels of debt, conflict, HIV/AIDS and environmental degradation also constrain the ability of many countries to meet the challenges of poverty eradication. The maintenance of culturally appropriate social safety nets is important in the context of globalisation. Macroeconomic policies do not take into account the unpaid work that women contribute to the economy as part of the unequal recognition and valuation of the contribution of women and men to production and social reproduction. They also focus predominantly on the formal economy, whereas in most countries women constitute the majority of workers in the informal economy, estimated to represent 45-80 per cent of all non-agricultural employment worldwide. Legal and regulatory frameworks have insufficiently taken into account women's rights. Unequal access to power and decision-making, education and training, and economic resources, especially land and credit/financing, and the absence of social protection increase women's vulnerability. The impact of privatisation on women's access to services should be monitored.
3.29 In order to achieve poverty eradication, enhancing women's capabilities is of critical importance. Four out of five countries with the largest number of children not in school are Commonwealth countries, and there are at least eight countries where less than 40 per cent of girls are enrolled in schools. When girls are enrolled, their levels of retention, completion and achievement are often much lower than boys. In other contexts, girls demonstrate high achievement but it is not necessarily reflected by commensurate gains in the labour force. Gender disparities are also evident in increasing levels of underachievement and other difficulties among boys in many Commonwealth countries. Women's health, including women's and girl's sexual and reproductive rights and maternal mortality, are also priority issues and impact on the ability of women to develop sustainable livelihoods.
Commonwealth Plan of Action for Gender Equality 2005-2015 to the maintenance of good health services and, in some Commonwealth countries, to reducing the migration of critical health personnel, including nurses, doctors and teachers.
3.30 Many Commonwealth developing countries cannot achieve economic growth because of their debt burden. The Heavily Indebted Poor Countries (HIPC) Initiative seeks to provide debt relief and offers opportunities for some reallocation of scarce resources for priority social expenditures, particularly in health and education. The Secretariat is in the process of mainstreaming gender equality through the debt management advisory services that it provides to governments and through its Debt Recording and Management System (DRMS), which it has successfully introduced to over 50 countries.
3.31 The prevalent market-access focus of trade policies and liberalisation, and assumptions regarding the 'gender neutral' character of the processes of globalisation and trade liberalisation agreements, have often obscured their impacts on gender relations, poverty eradication and human development. Since women shoulder the primary responsibility for household and community management through their paid and unpaid work, their overall time burden and even their health are directly affected by trade policies. Policies regarding export and import affect women as producers and consumers in different ways than men. Further, trade often has different impacts on women and men due to the existence of occupational segregation. In addition, women in many countries are unaware of how to use intellectual property rights to protect their livelihoods, especially those working in cultural knowledge and handicraft industries. Increased cutbacks by governments, or the withdrawal of government provision of services or subsidies in certain sectors lead to reduced investment and expenditures in the social sectors, resulting in reduced access to basic services and social protection as well as food insecurity.
3.32 It is therefore important not only to enhance the negotiating capacity of Commonwealth countries, particularly developing countries so that they can play a key role in setting the agenda and can benefit from trade negotiations, but also to ensure that gender analysis becomes part of the process of developing trade policies and negotiations. In view of gender-differentiated access manifested in food security, sustainable livelihoods, social to resources and the gendered division of labour, the differential protection and more and better employment opportunities.
impacts on women and men of measures undertaken must be taken into account. In this context, it is important not only that 3.
but also that representatives of women's interests participate in rights and the adoption of appropriate social protection the negotiations towards fair and just trading agreements and measures to mitigate the risks and vulnerability faced by women systems. workers.
3.33 Gender-responsive budget (GRB) analysis is increasingly and micro-enterprises especially for the benefit of economically becoming a tool for managing critical governance issues and for and socially disadvantaged women whose livelihoods depend on assessing the impact of economic policies on women. The GRB agriculture, forestry or fisheries and who need to be equipped initiative, developed by the Secretariat in collaboration with with appropriate technical skills and backward and forward partners including IDRC, UNIFEM, UNDP and OECD, has been an linkages. Other key factors to enable women to respond to the invaluable instrument in encouraging governments to apply world economy as workers and entrepreneurs include increased gender analysis to the expenditure side of their national budgetary process. Twenty-three Commonwealth countries14 access to social, economic and natural productive resources, including land and capital; appropriate skills development; and have put in place some form of gender budget analysis, and access to markets and to knowledge and information, including initiatives are emerging in many others. In addition to giving ICTs. Facilitating the organisation and networking of women can much greater attention to the revenue side of budgets, the next play a key role in their ability to make their voices heard at local, phase of GRB work will focus on processes to mainstream and national, regional and international levels. Statistical and data monitor gender budget analysis in specific Commonwealth collection systems need to enhance the visibility and valuation of countries to ensure that these efforts are institutionalised. women's paid and unpaid work and will require data to be sex disaggregated.
3.34 In order to effectively address the processes of the feminisation of both labour and poverty, the Commonwealth will broaden its 3.
approach to gender and economic empowerment to encompass the macro-, meso- and micro-levels as a continuum. At the i.
perspectives across critical areas related to the formulation of conditions and rights; and influencing sectoral policies in fiscal and trade policies, and policies related to enterprise and areas that would enhance women's livelihoods, such as agricultural development.
Commonwealth activity will relate to the creation of an enabling access to productive resources, markets, skills and extension environment for women workers, both self-employed and wage services.
employed, in the agricultural and non-agricultural areas, and ii. Facilitating the creation of an enabling environment for all influencing poverty eradication strategies and programmes. At women by establishing, in collaboration with the ILO, the micro-level there needs to be focused attention on increasing appropriate legal and regulatory standards to ensure women access to resources of all kinds for women: natural, material, workers' rights, social protection, the identification and financial and technological. These would result in enhanced development of appropriate skills, and promoting women's well-being and economic empowerment and would be organisations and networking.
iii. Mainstreaming gender equality into programmes and processes related to poverty eradication, the MDGs, PRSPs, SWAps, etc., and working to enhance women's access to and control over productive and natural resources.
i. Ensure that fiscal, trade and general macroeconomic policies are designed to promote women's economic empowerment and do not cause adverse gender impacts, ensuring that there is a stronger, but culturally appropriate social safety net for women and families.
ii. Promote the application and extension of GRB processes, and integration of gender analysis in trade policy and negotiation of trade agreements to ensure and protect social development, including the provision of essential public and social services, to undertake gender and social impact analyses and assessments of trade agreements.
iii. Develop and enforce policies and standards that recognise the contribution of women in the informal economy, and also ensure that their needs and interests are met in the policies of all relevant ministries.
Promote policies and strategies to ensure the enrolment, retention and successful achievement of girls in education systems particularly at the primary and secondary levels, to review the school curricula to ensure that it does not promote gender stereotypes, and to improve the quality of education to meet or exceed the relevant MDGs and indicators.
Develop, amend and implement laws to ensure equal rights to productive resources (e.g. land, property and credit) for women and men, and enhance women's access to and control over natural resources (e.g. water and forests) in order to create sustainable livelihoods and food security.
vi. Develop equitable social protection systems to deal with risk and vulnerability caused by poverty, sickness, maternity, loss of employment or access to other income, disasters, etc.
vii.
Commonwealth Plan of Action for Gender Equality 2005-2015 strategies; and ensure 30 per cent representation of women in business, banking and financial boards. Set up consultative teams that include women and pro-poor CSOs to monitor the gender equality provisions these contain.
viii. Provide gender-sensitive agricultural (e.g., dairy, forestry and fisheries) services and credit, including micro-credit/finance to women farmers and entrepreneurs.
Develop programmes to meet women's need for appropriate skills, including non-traditional skills and technology, and facilitate credit/financing and marketing linkages, particularly for marginalised and vulnerable categories of women, including rural women.
Support women's entrepreneurship, provide an enabling environment for business development, promote userfriendly training in trade negotiations at all levels, and secure new markets for agricultural and other products.
xi. Facilitate the organisation and networking of women's groups.
xii. Improve statistical systems to make the paid and unpaid work of women visible and valued, and to ensure that data is disaggregated by sex to understand and monitor the eradication of poverty among women.
xiii. Provide awareness and consultations on the gender impact of economic reform policies and WTO membership.
xiv. Promote the special role that developed countries of the Commonwealth have in fostering the development of the less developed countries, and support that role in fulfilling their commitment to provide 0.7 per cent of GDP to overseas development assistance.
i. Undertaking capacity-building for NWMs, trade, finance, other ministries and government agencies, and CSOs, in order to mainstream gender analysis in the macroeconomic framework.
ii. Developing the methodology and tools for extending gender analysis of budgets to the revenue side, and working in specific countries to institutionalise GRB processes.
iii. Continuing its advocacy for gender analysis in international, regional and national trade negotiations, and providing practical assistance to governments in negotiating international trading agreements that support gender equality.
Developing guidelines and handbooks for issues related to social protection and workers' rights, and providing technical assistance to specific countries.
Fostering links between entrepreneurs at all levels, including grassroots women producers and organisations, e.g., through the Commonwealth Business Women's Network (CBWN).
vi. Providing advice to and enhancing the capacity of governments to increase the enrolment, retention and the achievement of girls in the educational system and improve the quality of education.
vii. Promoting best practice on infant and maternal mortality through the development and dissemination of case studies.
viii. Supporting member countries in adhering to the model Commonwealth Code of Conduct for regulating the migration of skilled health personnel.
Promoting South-South and North-South dialogue for capacity development, information and knowledge sharing, and disseminating best practice on specific issues (e.g., migration, retention of girls in school).
Working, in the context of specific countries, to introduce strategies for agriculture and export competitiveness that support gender equality.
xi. Carrying out a gender impact assessment of the HIPC initiative and the Debt Recording and Management Systems covering the design, implementation, monitoring and evaluation phases so that lessons learned and best practices can be shared throughout the Commonwealth.
3.39 HIV/AIDS should be considered within the framework of sexual and reproductive health. This should be an integrated approach that recognises broader issues and goes beyond health interventions to reduce gender inequality. It should recognise the impact of broader social and economic policy on HIV/AIDS and the impact of HIV/AIDS on national productivity.
Commonwealth Plan of Action for Gender Equality 2005-2015 lies at the heart of vulnerability to and impact of HIV/AIDS. International, regional and national responses to HIV/AIDS increasingly acknowledge that women and girls are hardest hit by the pandemic. The impact and role of men and boys on gender equality and healthy sexuality is acknowledged.
3.40 HIV/AIDS has reached crisis proportions in Sub-Saharan Africa, is increasing dramatically in the Caribbean, Asia and the Pacific, with enormous implications for small states. At their Abuja meeting in 2003, Commonwealth Heads of Government highlighted its devastating impact. They recognised the fundamental importance of confronting the pandemic if their countries are to meet the MDGs. The World Council of Churches (WCC) and its member churches have made efforts to overcome barriers to addressing sexuality, especially the 'culture of silence' and religion. Two-thirds of the five million people who became infected with HIV in 2003 were Commonwealth citizens. HIV/AIDS greatly affects people of working age, and in the most severely affected countries it is decimating the human resources necessary to sustain social and economic growth.
3.41 Poverty and gender inequalities are driving factors in the spread and impact of HIV/AIDS. Women's unequal political and legal status perpetuates poverty, discrimination and lack of opportunity in social, economic and cultural spheres of activity, including access to and ownership of land and property, inheritance rights and decent work opportunities. In this context, women and girls, faced with the need to support their families, often feel they have little choice but to engage in sex work or in transactional sex (sex for food, rent, clothing, bus fare), which makes them even more vulnerable to HIV infection. Migrant workers and refugees constitute another particularly vulnerable group. It is also noted that the connection between sex and tourism cannot be ignored.
3.42 Women also bear the brunt of the social and economic impact of HIV/AIDS. Women of all ages, especially older women, very young women, young married women and adolescent girls, bear unsustainable burdens of care for the sick and dying in their homes, face additional health-care costs for HIV-affected family members, and in many cases cope with extra dependants such as orphans. Research has shown that up to 90 per cent of HIV care is provided in the home. In some cases, over 43 per cent of total household labour is lost to AIDS-affected households because of care responsibilities.
3.43 In a number of countries, there are growing numbers of child/orphan-headed households containing children with few prospects for education, socialisation or economic opportunities as they grow up. At the end of 2001, 11 million children in Sub-Saharan Africa under the age of 15 had lost one or both parents to HIV/AIDS. It is expected that by 2010, there will be 20 million AIDS orphans in this age group.
3.44 Women and girls are more susceptible to contracting HIV not only for biological reasons but because power imbalances can make it difficult for them to negotiate safe sex or refuse unwanted sex. Gender-based violence, particularly rape, is both a cause and consequence of HIV transmission. The high incidence of violence and forced sex experienced by women, as well as their abandonment or eviction from their homes and communities when they are HIV positive, create enormous difficulties for women who lack economic means or alternatives. Illiteracy, lack of information or educational opportunities and inappropriate prevention messages further exacerbate the vulnerability of women and girls to infection. It is critical to increase opportunities and create an enabling environment for women and girls to be empowered to make choices and informed decisions over their lives and relationships in the home, workplace and community.
3.45 Further, in over-crowded urban as well as rural areas, basic health and social services are grossly inadequate, especially in terms of treatment of opportunistic infections, voluntary testing and counselling facilities, anti-retroviral treatment and social and family service support. The challenges faced by most developing countries are the lack of access to affordable drugs and to treatment monitoring facilities and lack of formal care arrangements. Even where support exists, many women and men are not aware of the services available to them at local and community levels.
Commonwealth Plan of Action for Gender Equality 2005-2015 3.46 Lack of availability and access to female-controlled prevention methods are a critical factor in the increasing infection rate among women and girls. Women are twice as likely as men to contract HIV from a single act of unprotected sex, but they remain dependent on male co-operation to protect themselves from infection. Greater attention needs to be paid to research and investment in microbicides, improving and effectively marketing the female condom, and exploring other forms of female-controlled prevention. Microbicides are a promising solution to a social problem as they would enable women to protect themselves from increased risk of sexually transmitted infections and HIV through a prevention method that does not require the consent or knowledge of a partner. It would be important to ensure not only the safety and effectiveness of microbicides, but also that the products are available and accessible to women. Support for the development of microbicides should be part of a wider strategy of building capacity and infrastructure in primary health care systems, as well as the social and economic empowerment of women.
3.47 While many policies and commitments made by governments and international organisations make the connection between gender and HIV/AIDS explicit, these commitments are not always implemented. Some examples of best practice are emerging, but there is often a big gap between policy and practice because of insufficient resources, training and capacity, especially where public sectors and basic service provision have been cut back. There is a need for greater attention to be paid to the implementation of policies and commitments, and for increased monitoring of and accountability for service delivery on the part of multilateral institutions, governments and CSOs. Clear indicators also need to be developed to assist Commonwealth member countries to effectively monitor the impacts of HIV/AIDS programmes that are being implemented by national governments, NGOs, and regional and international agencies.
3.48 The PoA supports and strengthens implementation of the Declaration of Commitment on HIV/AIDS agreed at the UN General Assembly Special Session in 2001. These commitments, targets and strategies include the empowerment of women as a strategy for reducing their vulnerability to HIV/AIDS, and alleviating the social and economic impact of the disease on women and girls. The PoA also carries forward the emphasis on women-controlled methods of prevention highlighted in the Communiqué from Commonwealth Health Ministers to CHOGM in Abuja (2003).
i. Mainstreaming gender equality into multisectoral, national, regional and international programmes on HIV/AIDS, including the World Health Organization '3 by 5' Initiative that aims to have 3 million people in developing countries on treatment by 2005.
ii. Promoting reproductive and sexual health and rights as agreed in the Programme of Action of the International Conference on Population and Development and the Platform for Action of the Fourth World Conference on Women and their Five-Year Reviews, as a means to achieving the MDGs.
iii. Promoting partnerships between women and men, and girls and boys to reduce the prevalence and impact of HIV/AIDS.
Strengthening institutional partnerships to support the implementation of effective strategies to halt the spread of HIV/AIDS and address the social and economic impact of the pandemic, in particular on women and girls.
Increasing the emphasis on provision of women-friendly health services for the prevention of HIV/AIDS, and for the treatment, care and support of People Living with HIV/AIDS (PLHAs), in partnership with their families.
vi. Preventing new HIV infections among young people, particularly girls and young women, through support and promotion of the adolescent reproductive health programme and the Commonwealth Youth Ambassadors for Positive Living Initiative, and through Commonwealth sport and development programmes that promote healthy living.
Highlighting the role of men and boys in promoting gender equality and healthy sexuality.
viii Promoting recognition of the role that HIV positive women have to play both in society and in fighting HIV/AIDS, and protecting the property rights of HIV positive women.
i. Strengthen gender mainstreaming in multisectoral HIV/AIDS policies and programmes.
ii. Promote the increased availability of more affordable and easily accessible female-controlled methods of preventing HIV and other sexually transmitted infections as one component of comprehensive sexual and reproductive health strategy and an HIV/AIDS prevention strategy that address gender equality and women's empowerment.
iii. Intensify and expand awareness programmes on the gender dimensions of HIV/AIDS, including in school curricula, as well as through strategies at all levels of society to empower women and girls, particularly those who are marginalised, to negotiate sexual encounters and/or refuse unsafe or unwanted sex.
Promote the involvement of men and boys in HIV/AIDS programmes and strategies at all levels of society including education in eliminating gender stereotypes, access to reproductive and sexual health services, and encouraging safe and responsible sexual and reproductive behaviour.
Ensure equal access and effective and efficient provision of treatment, care and support for women and men of all ages, including women with disabilities.
vi. Develop measures to address the specific needs of HIV/AIDS infected and affected women, including care-givers and those at risk of infection through gender-based violence and poverty.
vii. Introduce community programmes that promote dialogue and partnership between women and men on the prevention of HIV/AIDS.
viii. Mitigate the impact of HIV/AIDS on human resources and strengthen capacity building in this area.
Protect the rights of PLHAs and take urgent measures to address stigma and discrimination.
Take legal, social and economic measures to reduce the vulnerability of women and girls to HIV/AIDS.
xi. Promote the full involvement and participation of PLHAs and those most vulnerable, including women and girls, in the design, planning, implementation and evaluation of HIV/AIDS programmes.
xii. Address the links between HIV/AIDS and sexual and reproductive health, and promote the full integration of HIV/AIDS and sexual and reproductive health programming and services.
xiii. Conduct research on factors contributing to sexual behaviours that lead to the spread of HIV/AIDS and other sexually transmitted infections to support the development of appropriate interventions.
xiv. Articulate the impact of HIV/AIDS on the economy.
xv. Allocate adequate budget for HIV/AIDS prevention, care and support at all levels of government to ensure sustainability beyond donor support.
i. Providing advice and technical assistance in the development and implementation of gender-sensitive, multisectoral HIV/AIDS policies and programmes.
ii. Developing training and resource materials on gender equality for use in public awareness programmes, focusing on young people in particular.
iii. Facilitating the sharing of gender-sensitive strategies and best practice for reducing the incidence of HIV/AIDS.
Promoting, strengthening and expanding the Commonwealth Youth Ambassadors for Positive Living Initiative across the Commonwealth.
Ensuring that the Commonwealth participates actively in international, regional and national bodies and networks, and strengthens its strategic partnerships to enhance effective implementation of gender-sensitive responses to HIV/AIDS that take into account the specific needs of women and men.
vi. Promoting the development of sports programmes for youth and women that build self-esteem and promote healthy living.
vii. Facilitating the exchange of regional experiences and lessons learned between Commonwealth countries, for example, the sharing of African experiences with other regions of the Commonwealth.
The Special Tribunals referred to are the International Criminal Tribunal of the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone.
Beijing Platform for Action, paragraph 143 (e) (iii-iv). New York: United Nations Division for the Advancement of Women, 1995.
For example, the International Covenant on Economic, Social and Cultural Rights (ICESCR); the Additional Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa; the Convention on the Rights of the Child (CRC); and the four key genderrelated ILO Conventions (C100 on equal remuneration, C111 on freedom from discrimination at work, C156 on workers with family responsibilities and C183 on maternity protection).
Widow inheritance refers to the passing of a widow from one male relative to another in some societies.
Australia, Bangladesh, Barbados, Belize, Botswana, Canada, Fiji Islands, India, Kenya, Malawi, Malaysia, Mauritius, Mozambique, Namibia, Nigeria, St Kitts and Nevis, South Africa, Sri Lanka, Swaziland, Tanzania, Uganda, United Kingdom and Zambia. See Building on Achievements: Report of the Secretary-General on the Implementation of the 1995 Commonwealth Plan of Action on Gender and Development and its Update (2000-2005). London: Commonwealth Secretariat, 2003.
Adopted at the UN General Assembly Special Session on HIV/AIDS in 2001.
4.1 This section focuses on how Commonwealth governments and the Secretariat will seek to implement the gender mainstreaming approach outlined in the four critical areas above.
4.2 A key feature of the Secretariat is its status as a trusted partner of member countries, enabling it to establish dynamic and sustainable partnerships between governments and other stakeholders.
i. Collaboration with governments and other partners minimises overlaps and duplication of effort, fosters greater coherence of approaches and programmes, facilitates monitoring based on agreed targets and appropriate gender indicators, and ensures cost-effectiveness.
ii. Governments can benefit from the capacity and experience of CSOs in addressing political, legal, economic, social and cultural gender equality issues taking into account the need to facilitate CSO participation, through allocation of appropriate resources.
iii. Groups such as CSOs, the media and the private sector are able to provide alternative approaches to government policies, lobby governments to take action on special issues, monitor government action on critical matters and provide additional resources and expertise in specialist fields.
The media and cultural and religious organisations are powerful agencies in raising public awareness and promoting changes in attitude on gender issues. They can provide positive images of women, promote gender-sensitive reporting and highlight the critical role of both women and men as change agents.
Partnerships with international, regional and other agencies provide an important mechanism for the wider dissemination of knowledge, information, experience and good practice.
Commonwealth Plan of Action for Gender Equality 2005-2015 4.3 The Secretariat will strengthen existing partnerships and create new ones, particularly with stakeholders who have expertise and experience in the four critical areas of the PoA.
iii. Commonwealth associations, e.g.
vi.
vii. the media; and viii.international organisations including the UN and its agencies, other multilateral agencies including the major financial and trade institutions, regional bodies (see Appendix VI), and bilateral agencies.
4.4 Men, boys and young people are essential partners in mainstreaming gender equality, and it is critical that the Commonwealth engage actively with organisations that work with men, boys and young people on gender equality issues in collaboration with women's organisations and CSOs committed to gender equality.
4.5 The Secretariat will promote a Commonwealth voice on gender equality and mainstreaming, through strengthening its advocacy, brokering and catalytic role with member governments and other partners at the national, regional and international levels.
4.6 Generating new knowledge and information sharing are two of the Commonwealth's strengths. The Secretariat will continue to contribute to the global body of information, documenting and disseminating best practice on gender equality and mainstreaming to inform the development of gender-aware policies, plans and programmes. The Secretariat will explore enhanced ways of delivering learner-centred and training-oriented materials, including via information and communications technologies (ICTs) and distance-education, as a strategy for reaching a wider audience.
4.7 Through its gender website, the Secretariat's Knowledge-Based Network (KBN) will continue to provide current information and resource materials for policy-makers, parliamentarians, local councillors, women's organisations, activists and others. This will be complemented by the STPD newsletter, Link-In to Education, Gender and Health. Gender policy briefs for Commonwealth ministerial meetings and selected global conferences will also keep Commonwealth women and men in touch with key issues, and provide relevant information for lobbying for the inclusion of gender issues at such meetings.
4.8 NWMs will continue to receive information and policy advice on gender issues through the Secretariat's dedicated electronic Help-Desk. This also responds to requests for information to support capacity-building needs at national, regional and international levels. Governments are encouraged to provide NWMs and other gender change agents with leadership and negotiating skills to enhance their gender mainstreaming role and enable them to better influence national policy-making.
4.9 The Secretariat, in collaboration with its partners, will provide capacity-building programmes in the four critical areas of the PoA for NWMs and other key partners, including ministries of finance, health, education, planning and trade, parliamentarians, the judiciary, universities, public service training institutions, the private sector and CSOs. It will also organise national, regional, pan-Commonwealth and international consultations and workshops for sharing experiences and best practice, building capacity, and developing new tools and methodologies.
4.10 Gender training programmes are essential in universities, public service training institutions and other tertiary institutions, and a gender perspective needs to be integrated into all training and capacity-building programmes for the public service, particularly at senior managerial, professional and administrative levels.
Universities (ACU), the Commonwealth Association for Public Administration and Management (CAPAM), and other partners to support governments' efforts to institutionalise gender training programmes.
4.11 At the request of member governments, the Secretariat will undertake policy advisory missions on the application of Commonwealth tools and methodologies to national situations, e.g., GMS, GRBs and the integrated approach to gender-based violence, and field short- and long-term gender experts.
4.12 Governments are encouraged to improve the collection, analysis and dissemination of sex-disaggregated data for policy, planning and implementation processes.
4.13 In many Commonwealth countries, optimal use of ICTs for poverty eradication through advocacy and capacity building has not been possible. Women in general, and particularly those in rural communities, tend to have less access to ICTs and skills training than men and young people. Bridging the 'gender digital divide' for women and girls through more effective use of mobile telephones, the Internet, e-mails, websites, CD-ROMs and other e-materials, should be encouraged.
4.14 Adequate financial, human and technological resources are essential for effective implementation of the PoA. Promoting equality between women and men is not the sole responsibility of Women's/Gender Affairs Ministries, but of all institutions in society including the state system, private sector and civil society. Governments should ensure that their budgets allocate resources to appropriately and effectively provide equal opportunities and benefits for women and men, and girls and boys while also ensuring that programmes for men do not take away from the resources dedicated to women.
4.15 Increased donor support is necessary for member countries to invest more in health, education, capacity building, agriculture, water and sanitation, and other key components of infrastructure that are critical for poverty eradication and enhancing growth. Gender equality remains central in all these areas.
4.16 Governments need to take a multisectoral approach to key development issues facing member countries such as poverty, HIV/AIDS, gender-based violence, and post-conflict reconstruction.
4.17 The Commonwealth Secretariat is encouraged to strengthen and continue its engagement with governments, donor partners, international financial institutions, CSOs and Commonwealth associations to ensure that where possible priority is given to allocating budgetary support to the implementation of the PoA at national levels and within the Commonwealth Secretariat.
4.18 Governments should establish mechanisms for monitoring and evaluating the implementation of national and sectoral budget allocation and expenditure. The gender impacts of PRSPs; gender-aware, pro-poor rural development initiatives; public sector reforms; and other national and sector programmes should also be closely monitored and evaluated.
4.19 The Secretariat's reporting on the implementation of the PoA will be harmonised with CEDAW and BPfA processes as far as possible, in order to reduce the burden of reporting on NWMs and to avoid duplication.
4.20 The Secretary-General will continue to report on the implementation of the PoA to Heads of Government at their biennial summits and to senior officials' meetings. Reports will be based on information provided by governments and the Secretariat.16 In keeping with the partnership approach to the implementation of the PoA, governments are encouraged to compile their reports in consultation with CSOs, and the Secretariat will report on its co-operation with partners.
4.21 The Secretariat will integrate monitoring of the PoA into its 4year strategic planning and 2-year operational planning cycles.
Commonwealth Plan of Action for Gender Equality 2005-2015 theme in the 2004-2008 Strategic Plan is expected to increase the gender impacts of the Secretariat's programmes on development and democracy in all member countries and regions. Gender audits of the Secretariat's work will be undertaken to assess its impact in promoting equality between women and men in the Commonwealth.
4.22 Commonwealth Women's Affairs Ministers will meet periodically to review the progress made and constraints encountered by governments and the Secretariat in implementing the PoA, share experiences, discuss lessons learned and consider new and emerging gender issues. Ministers will make recommendations to Heads of Government for more effective implementation of the PoA. Recognising the need for cost-effectiveness, Ministers will make increasing use of opportunities for consultation offered by ICTs, and the possibility of meeting in the wings of other regional and global meetings. In this context, Heads of NWMs will be encouraged to meet during annual meetings of the UN Commission on the Status of Women. A Commonwealth Gender Reference Group, consisting of a rotating core of NWMs and representatives of CSOs from all the regions, will be established to assist with monitoring, evaluating and reviewing the PoA.
4.23 This PoA provides the framework for Commonwealth action on gender equality in the decade ahead. It forms part of the Commonwealth's contribution to the Beijing+10 Global Review in 2005 and complements the global Millennium Development Compact that has been launched with specific, time-bound and quantifiable goals and targets. The Commonwealth family of developed and developing countries, reflecting both diversity and common values, must build on its strengths and resources to contribute to an equal world for women, men and young people.
16 Questionnaires to be completed by governments for the report will be harmonised with UN reporting processes, and will be supplemented by reports prepared for other purposes such as CEDAW. The information supplied will also be used to produce publications and training materials.
At the UN General Assembly in 2000, Heads of State and Government took stock of the gross inequalities in human development worldwide and recognised "their collective responsibility to uphold the principles of human dignity [and] equality at the global level".
In addition to declaring their support for freedom, democracy and human rights, they set eight goals for development and poverty eradication, to be achieved by 2015, with targets and indicators to assess progress in implementation.
The Equal Remuneration Convention No.
The Discrimination (Employment and Occupation) Convention, No.
a catalyst for global consensus-building; and a source of assistance for sustainable development and poverty eradication.
Goal 1: To support member countries to prevent or resolve conflicts, strengthen democracy and the rule of law and achieve greater respect for human rights.
Goal 2: To support pro-poor policies for economic growth and sustainable development in member countries.
Guidelines for Police Training on Violence Against Women and Child Sexual Abuse, 2nd ed.
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Public Service Commission: Chair: Prof.
Social (I): Rural Development and Urban Renewal: Chair: Minister of Provincial & Local Govt.
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The Ministry of Finance invites all South Africans to send their suggestions (tips) to the annual Tips for Trevor campaign on what they would like to see included in the country's Budget. Minister Trevor A Manuel, MP will deliver his tenth budget speech in Parliament on 15 February 2006.
The Tips for Trevor campaign was launched seven years ago and is an opportunity for the public to engage with the Minister on issues they regard as important for the national budget.
More than 11 000 tips have been received since the launch of the campaign. Minister Manuel goes through all the tips sent in by the public. The tips received assist the Minister in understanding public sentiment on government's budget policies.
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The Minister of Finance, Mr Trevor A Manuel, MP will present the 2006 Budget to Parliament (his tenth) on 15 February 2006. The National Treasury will once again be arranging workshops for journalists to guide and assist them on how to work with the various documents.
The workshop will include presentations by senior National Treasury and SARS officials about some of the key areas of the Budget that journalists may need some guidance on. The same officials will be available to assist during the lock-ups. We welcome your ideas and suggestions on topics you would like us to cover and request that you bring along copies of the 2005 Budget documents, as these will be used throughout the workshop. Copies are available on the website, www.treasury.gov.za.
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Let me welcome you to both South Africa and to Cape Town, this city of such remarkable contradictions. I trust that your stay here will be memorable, if only for the quality of agreements that you will strike on the 2010 Round of Population and Housing Censuses.
They acknowledged that progress should be based on sustainable economic growth, which must focus on the poor, with human rights at its core. The Millennium Declaration is remembered most for its articulation of the measurable objectives as the Millennium Development Goals.
The adoption of that Declaration, with its strong emphasis on human and economic development across Africa, represents an enormous victory in the struggle to overturn the ravages and the excesses of centuries of colonialism on the African continent.
To help track progress, the United Nations Secretariat and the specialized agencies of the UN system, as well as representatives of IMF, the World Bank and OECD defined a set of time-bound and measurable goals and targets for combating poverty, hunger, disease, illiteracy, environmental degradation and discrimination against women.
International experts also selected relevant indicators to be used to assess progress over the period from 1990 to 2015, the targets date for meeting these expectations.
In September 2005, the Secretary General of the United Nations, Mr. Kofi Annan, presented the findings of the first review of progress being made towards achieving the time-bound Millennium Development Goals.
The findings for Africa were appalling! Not only did the data paint the picture of the extent of underdevelopment, it also recorded the fact that even if all of the MDG's were attained by 2015, African development would still lag way behind Two immediate challenges present themselves. Firstly, how can we continue to lobby for the centrality of African development initiatives if the data we present has little credibility Secondly, how can we ask governments and donors to direct resources towards areas of need if we cannot empirically establish where the needs exist?
I am reminded also of another victory secured in the Bretton Woods Institutions in the struggle against the "once-size-fits-all" structural adjustment programmes. This victory is represented by the shift to the methodology of Poverty Reduction Strategy Papers which are adopted by governments in developing countries after participatory processes in their countries. Whilst these PRSP's describe the macroeconomic, structural and social policies and programmes that the country will pursue, the undergirding of the PRSP's is entirely statistical. Undoubtedly, if the undergirding is unsound, the programmes built on such foundations will be severely compromised.
There is common cause that national statistical systems in Africa still present profound weaknesses, including poor political support; inadequate legal and institutional framework for statistical activities; a lack of coordination and weak management. One of the real difficulties that confront statistical agencies is their relationship with political principals. In politics, we don't always wish to hear unpleasant truths. It is far easier to convince ourselves, our donors and the entire world that the situation is a vast improvement on reality. However good that may make us feel, the paradox is that it might generate a disinclination on the part of There is an obvious need to reverse the decline of African statistics. The concern is based on the fact that for instance, 19 out of 56 countries and areas in Africa have not conducted a population census in the last 10 years, nearly twice as many in the previous decade. Consequently, factual country-level data in a majority of the cases replaced by estimates produced by international organizations often on the basis of inferring information from other countries or from surveys that are completely out of date.
As a result, for many African countries, national trends to inform and monitor the implementation of development policies cannot be produced.
The history of census taking in Africa has been characterised by irregularity, incompleteness, inaccuracies and subsequently a gross under-utilization of census data. Consequently, census results have not adequately informed policy formulation and programme implementation, and socio-economic development in general, more so because government policy makers and planners were illequipped to utilize the results.
Yet the centrality of population and housing censuses in knowledge management in Africa, in the pursuit of evidence-based decision-making, and in monitoring progress made towards achieving national development goals cannot be overstated.
A number of experts have begun to focus attention on the serious quality deficiencies in the data on which the conclusions of the United Nations MDG In addition, the process of the preparation of the 2010 World Programme on Population and Housing Censuses, all regions, with exception of Africa, have organized working groups, tasks forces and other meetings, with the collaboration of their member states, to assess their census experiences for the 2000 round as well as to have a regional position on the proposed recommendations with respect to the United Nations Principles and Recommendations for Population and Housing Censuses.
During the 22-26 August meeting in New York, the Expert Group Meeting on the 2010 World Programme on Population and Housing Censuses was concerned by the lack of progress and preparation at the African region level and resolved that a meeting for census experts being organized in time for preparing the report in time for submission to the UN Statistics Commission in March 2006.
The main aim of this symposium is thus to facilitate the strengthening of the role of African countries in the world programme on 2010 population and housing censuses, to strengthen collaboration on census related activities, to develop strategies for African countries to fill the glaring data gaps that limit Africa's ability to monitor progress made towards achieving the Millennium Development Goals.
How do we achieve these objectives?
Improving reporting mechanisms between National Statistical Agencies and International Agencies.
I am exceedingly grateful that all of you have responded so promptly and at short notice to attend this symposium in order to give impetus to the 2010 initiative. I am particularly appreciative of the attendance and enthusiasm of the Executive Secretary and his team at the Economic Commission for Africa.
The 2010 Round of Population and Housing Censuses needs a Pan African Champion and I can think of no institution or initiative better placed than the ECA to lead and inspire.
He said, "By forming the Union, the peoples of our continent have made the unequivocal statement that Africa must unite! We as Africans have a common and a shared destiny! Together, we must redefine this destiny for a better life for all the people of this continentdeveloping new forms of partnerships at all levels and segments of our societies, between segments of our societies and our governments and between our governments."
And this is the challenge for the statisticians, because if we can't measure it, we cannot manage it.
Thank you very much.
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The third quarter provincial budget report covers spending for the first nine months of the 2005/06 financial year, which ended 31 December 2005.
Provinces have spent 70,7 per cent of their adjusted budget, or R154,9 billion of R219,2 billion.
Provinces spent 55 per cent or R7,7 billion of their R13,9 billion combined adjusted capital budgets.
Personnel expenditure by provinces is at 74 per cent or R71,6 billion of the R96,7 billion adjusted personnel budget.
The greatest potential spending pressure is in provincial education departments, where provinces have spent 73,4 per cent or R53 billion of their R72,2 billion adjusted budget, an increase of R5,2 billion or 10,9 per cent over the same period last year. However, capital expenditure in education is relatively low at 45,1 per cent or R1,5 billion after nine months of the 2005/06 financial year.
Health expenditure is at 71 per cent or R33,5 billion, which is R4,8 billion higher compared with the same period last year. Capital expenditure in health is lower at 51,3 per cent or R2,1 billion, however, it is substantially higher compared to the same period last year.
The highest share of provincial adjusted capital budgets is for public works, roads and transport departments at 34 per cent. The sector spent 71,6 per cent or R3,4 billion against its combined capital adjusted budget of R4,7 billion after the third quarter of the financial year.
Provincial own revenue collected thus far is at 82 per cent or almost R5 billion of the total adjusted own revenue budget of R6 billion. National government has transferred R102,4 billion of the equitable share, and R58 billion in conditional grants to provinces after nine months of 2005/06.
The budgeted figures for provinces are based the adjusted estimates of provinces, which were presented to their provincial legislatures during November 2005.
This analysis is based on the statement of receipts and payments, published by the National Treasury on 30 January 2006 and is available on the treasury website www.treasury.gov.za. The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury by the 15th January 2006, and submitted to the National Treasury on the 20th January 2006. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
The information presented here is restricted to financial information only, but provincial departments should be in a position to provide complementary non-financial performance information at least up to the second quarter (as such information comes with a longer lag of 2 to 4 months) relative to the targets set in their Strategic and Performance Plans tabled in provincial legislatures. Such information is necessary to measure outputs and performance and to assess value for money. This third quarter assessment will provide a valuable basis for determining any possible overspending pressures after provinces have tabled their adjustment budgets.
Table 1 indicates that provinces have spent 70,7 per cent or R154,9 billion of adjusted budget after nine months of the current financial year. Spending to date is at a similar level in percentage terms against spending over the same nine month period in the 2004/05 financial year. However, in nominal terms, spending is 13,4 per cent or R18,3 billion higher than for the same period last year when provinces had spent R136,7 billion. Among provinces, spending ranges from the lowest share of 68,3 per cent in Free State and 68,4 per cent in North West to the highest at 72,2 per cent in Eastern Cape and 71,8 per cent in Mpumalanga and Northern Cape.
Social services adjusted budgets total R178,9 billion, and comprise 81,6 per cent of the total R219,2 billion combined provincial adjusted budget in 2005/06. Table 2 indicates that provinces spent 71,9 per cent or R128,7 billion of the adjusted R178,9 billion budget for the three social services (education, health and social development). This is 13,3 per cent or R15,1 billion more than spending over the same period in 2004/05.
Social development adjusted budgets of R59,5 billion comprise 27,2 per cent of total provincial adjusted budgets.
The third quarter spending figures indicate that provincial social development departments recorded spending of 70,9 per cent or R42,2 billion of their R59,5 billion adjusted budget (Table 3). This represents an increase of 13,6 per cent or R5 billion above the R37,2 billion spent over the same period last year.
Among provinces, there are varying degrees of year-on-year growth in spending with Eastern Cape spending 19,6 per cent and Limpopo spending 19,1 per cent more while North West and Free State reflecting only modest increases of 3,7 per cent and 9,1 per cent respectively.
Table 4 reflects social grants beneficiary numbers by type of grant and by province over the nine month period ending December 2005. There is a steady average monthly growth in beneficiary numbers of 2,2 per cent over the nine month period rising from 8,8 million in April to 10,5 million in December 2005. The bulk of beneficiaries are for the take-up of Child Support grants (6,7 million beneficiaries) and Old Age (2,1 million beneficiaries which includes Grant-In-Aid take-up) for the month of December.
Support Grant beneficiaries reflect the highest monthly average growth of 3,4 per cent.
Limpopo at 1,5 million. Mpumalanga has the most volatile fluctuation in beneficiary numbers rising sharply in May and then steadying over June through to December. As a result, Mpumalanga reflects the highest average monthly growth of 15 per cent over the nine month period, however it is hugely influenced by the large increase in May.
1 Excludes "Social Relief of Distress" which is included in the overall Social Assistance Transfers Grant.
2 The Old Age Grant includes "Grant-in-aid".
Table 5 reflects social grant payments by type of grant and by province over the nine month period ending December 2005. Like the beneficiary numbers, there has been a low but steady average monthly growth in grant payments of 1,9 per cent over the nine month period rising from under R4 billion in April to R4,6 billion in December 2005. The majority of payments are for Old Age (R1,8 billion) which include Grant-In-Aid payments, Child Support grant payments (R1,4 billion) and Disability grant payments (R1,2 billion). Foster Care (4,9 per cent), Child Support (3 per cent) and Disability (1,6 per cent) grant payments have the highest average monthly growth over the nine month period. Among provinces, KwaZulu-Natal and Eastern Cape records the highest payments of social grants of R1,2 billion and R823,4 million followed by Gauteng at R634,8 million. Gauteng and KwaZulu-Natal have the highest average monthly growth in social grant payments of 5,6 per cent and 3,1 per cent respectively.
Education adjusted budgets of R72,2 billion comprise 33 per cent of total provincial adjusted budgets. Table 6 indicates that education expenditure is at 73,4 per cent or R53 billion of the total adjusted education budget, an increase of 10,9 per cent or R5,2 billion compared to the R47,8 billion spent over the same period in 2004/05. Spending between provinces for education ranges from the lowest rate in Free State at 71,3 per cent and Gauteng at 71,9 per cent to the highest in Northern Cape at 75,9 per cent and Limpopo at 75,1 per cent.
The bulk of education expenditure is on personnel (82,7 per cent), amounting to 75,2 per cent or R43,8 billion of the adjusted education personnel budget of R58,2 billion. Spending on goods and services (mostly learner support material) in education is recorded at 63,7 per cent or R4,6 billion of its R7,2 billion adjusted budget.
Education capital expenditure is low at 45,1 per cent or R1,5 billion of the R3,4 billion adjusted budget. However, this is marginally higher (1,9 per cent or R27,7 million) than what was spent on capital over the same period last year. Capital spending for education between provinces ranges from the lowest in KwaZulu-Natal at 21,7 per cent and Mpumalanga at 33,8 per cent to the highest in Western Cape at 70,8 per cent and North West at 68,5 per cent.
Health adjusted budgets totalling R47,1 billion comprise 21,5 per cent of the total provincial adjusted budget. Table 8 indicates that health expenditure is at 71 per cent or R33,5 billion of the total health adjusted budget, representing an increase of 16,7 per cent or R4,8 billion compared to spending after the third quarter of the 2004/05 financial year.
Limpopo and Gauteng have spent the lowest share of their adjusted health budgets after nine months at 63,4 per cent and 70,1 per cent respectively. The highest shares are recorded in Northern Cape and Mpumalanga at 75,9 per cent and 75,4 per cent respectively.
Capital expenditure in the health sector is somewhat low at 51,3 per cent or R2,1 billion. However, this is significantly higher at 62 per cent or R806 million more than the R1,3 billion spent for the same period last year (Table 9). Between provinces, the lowest rate of spending is in Limpopo at 35 per cent and Free State at 44,1 per cent with Mpumalanga and KwaZulu-Natal recording the highest rate of spending at 69,4 per cent and 57,8 per cent respectively.
Provinces have spent 55 per cent or R7,7 billion of their R13,9 billion adjusted capital budgets ("payment for capital assets"). This is significantly higher (28,7 per cent or R1,7 billion) than the R6 billion spent over the same period last year. However provinces will most likely underspend by the same proportion as in the previous financial year.
Table 10 also provides capital spending information by province, which indicates significantly low rates of spending in Limpopo at 42,7 per cent and Free State at 45,9 per cent to the highest in Eastern Cape at 65,6 per cent and Mpumalanga at 63,7 per cent. In absolute terms, KwaZulu-Natal has spent the most at R2,0 billion followed by Eastern Cape and Gauteng at R1,1 billion.
The biggest adjusted capital budgets in provinces are in public works, roads and transport departments at 34 per cent or R4,7 billion of the total provincial capital adjusted budget of R13,9 billion. Spending for these departments is relatively higher than in other sectors at 71,6 per cent or R3,4 billion which is appreciably higher by 25,1 per cent or R682,1 million more than the R2,7 billion spent last year over the same period. Between provinces, the lowest rate of spending is recorded in Limpopo at 50,1 per cent and North West at 51,2 per cent, whilst Eastern Cape and Mpumalanga recorded the highest rates of spending at 86,9 per cent and 86,5 per cent respectively.
Table 12 indicates that provinces spent 75,9 per cent or R3,7 billion of their R4,8 billion housing conditional grant. These spending figures are a significant improvement compared to last year with spending increasing by 11,5 per cent or R378 million from R3,3 billion spent over the same period last year.
Table 13 (overleaf) reflects spending on all 2005/06 conditional grant allocations as at 31 December 2005 for all provinces. It excludes conditional grants rollovers from the 2004/05 financial year and spending on general purpose conditional grants (Schedule 4 grants) like National Tertiary Services, Hospital Professions Training and Development, and the Provincial Infrastructure grants, as reporting against these grants cannot be separated from the province's health and capital budgets. Spending on the Comprehensive Agricultural Support Programme, Integrated Social Development Services and Land Distribution (Alexandra Urban Renewal Project) (also schedule 4) is subsumed in a range of programmes across provincial departments and therefore no separate reporting is required in terms of the Division of Revenue Act, 2005 (Act No. 1 of 2005).
The total conditional grant allocation for all grants (including additional allocations published in the Government Gazette of 7 December 2005) is at R75,1 billion (excluding provincial rollovers) with social development making up the bulk with R55,9 billion. Against the total allocation (excluding provincial rollovers), the rate of conditional grants spending (excluding schedule 4 grants) amounts to 71,7 per cent or R46,3 billion.
Specific grants that show low spending trends include Disaster Relief (zero per cent), Forensic Pathology Services (2,3 per cent) and Agricultural Disaster Management (29,5 per cent).
Provincial roll-overs, as submitted by provinces in their In-Year Management, Monitoring and Reporting model, amount to R1,3 billion which includes rollovers for Integrated Housing and Human Settlement Development of R384,1 million, Provincial Infrastructure of R188 million, Hospital Revitalisation of R126,9 million, Integrated Social Development Services of R78,8 million and National School Nutrition Programme of R75,9 million amongst others which are excluded from the table, but are available for spending during the 2005/06 financial year.
R thousand Division of Revenue Act, 2005 (Act No.
National Treasury 3 730 773 - 3 730 773 2 132 176 1.
Table 14 below indicates that some provinces are spending slowly on conditional grants excluding the schedule 4 conditional grants. It indicates that five or more provinces have spent less than 50 per cent of their grant budget after nine months for Hospital Management and Quality Improvement with many grants falling within the 50% to 70% spending range. However these spending trends exhibit a marked improvement in conditional grant spending as compared to previous financial years.
Table 14: Selected Conditional Grants Spending Rate as at December 2005 1) Percentages represent actual expenditure of main budget as published in the Division or Revenue Act, 2005 (Act No.
Personnel expenditure ("compensation of employees") is at 74 per cent or R71,6 billion of the R96,7 billion adjusted budget. Spending to date is 8,9 per cent or R5,8 billion higher than the R65,7 billion spent last year. Gauteng and Western Cape recorded the lowest rates of personnel spending at 71,8 per cent and 71,9 per cent respectively while Limpopo and North West recorded the highest rates at 77,5 per cent and 74,6 per cent respectively.
Provincial Revenue includes budgeted equitable share allocations of R134,7 billion, conditional grants of R75,1 billion and own revenue of R6 billion (post adjustments).
National government transferred 76 per cent or R102,4 billion of the equitable share, and 77,3 per cent or R58 billion in conditional grants, to provinces after nine months of the current financial year.
After nine months, provinces have collected 82 per cent or almost R5 billion of their adjusted own revenue budget of R6 billion.
The total provincial revenue received and collected to date is recorded at 76,6 per cent or R165,4 billion of total adjusted revenue budget of R215,9 billion.
The R6 billion adjusted budget amount is almost identical to the own revenue collection for the entire 2004/05 financial year. The R5 billion collected thus far is however 17,2 per cent or R725,4 million more than what was collected by the end of December for the previous financial year. The collection rate varies from 66,9 per cent in North West and 74,6 per cent in Northern Cape, to a high of 96,9 per cent in Mpumalanga and 92,5 per cent in Gauteng.
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36 Short title and commencement.
'this Act' includes any regulation.
pursue opportunities for the full development of his or her potential; and benefit from family and community care and protection in accordance with society's system of cultural values.
No person may provide community-based care and support services unless the service is registered in terms of section 13.
A person who renders a community-based care and support service that has not been registered in terms of section 13 is guilty of an offence.
The Minister must prescribe conditions for the registration of community-based care and support services, including application for registration, approval of registration, temporary registration, withdrawal and termination of registration, and any matter contemplated in subsection (4).
Registration granted in terms of this section is not transferable to another person.
All social workers and health care providers providing care to older persons contemplated in subsection (1) must be registered with the appropriate statutory council responsible for the relevant profession.
Section 22 applies with the necessary changes in respect of the monitoring and evaluation of community-based care and support services.
facility or with persons who, in the opinion of a social worker, are fit and proper persons for accommodating the older person or older persons.
Any person who contravenes or fails to comply with a provision of this section, or of a condition imposed thereunder, is guilty of an offence.
The operator of a registered residential facility must, at all reasonable times, report to the Minister any circumstances which may result in his or her inability to comply fully with any condition contemplated in section 18 (3).
hand over to the Department all assets bought with Government funds.
Any person who fails to comply with subsection (3) is guilty of an offence.
paragraph (a) or subparagraph (i), the required consent may be given by the Minister.
The operator of a residential facility must take all reasonable steps to obtain the older person's consent.
Any person who is involved with an older person in a professional capacity and who on personal observation concludes that the older person is in need of care and protection must report such conclusion to the Director-General.
Any person other than a person in subsection (1) who is of the opinion that an older person is in need of care and protection may report such opinion to a social worker.
The Director-General or the social worker to whom a report has been made must investigate the matter.
Subsection (4) (a) applies with the necessary changes if the Director-General receives information contemplated in subsection (4) (b).
contravenes or fails to comply with an order of the magistrates' court issued in terms of subsection 6 or with any condition contained in such order.
any person within the area of jurisdiction of the magistrates' court to which that public prosecutor is attached abuses an older person, that public prosecutor may, subject to subsection (2), request the clerk of that court to issue a summons informing such firstmentioned person of the allegations against him or her and calling upon him or her to appear, at a time and place specified therein, before a magistrate within that area.
A magistrate may in a warrant issued by him or her in terms of subsection (3) authorise the social worker or health care provider to take a police official with him or her for the purposes of an investigation referred to in the said subsection.
prohibit that person from accommodating or caring for any older person for such period, but not exceeding 10 years, as may be determined by the magistrate.
Any conduct or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress or is likely to cause harm or distress to an older person constitutes abuse of an older person.
authorise any such officer to perform any duty which that Member is authorised to perform under subsection (2).
generally, any other ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation of this Act.
The regulations may provide that any person who contravenes or fails to comply with a regulation is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding one year or to both a fine and such imprisonment.
Any regulation made in terms of subsection (1) which affects the South African Police Service must be made after consultation with the Minister for Safety and Security.
Any regulation made in terms of subsection (1) which deals with the size or value of services and subsidies and with the criteria for eligibility of services must be made with the concurrence of the Minister of Finance.
Before the Minister makes any regulation under this section, he or she must publish a draft of the proposed regulation in the Gazette together with a notice calling on interested persons to comment, in writing, within a period stated in the notice of not less than 30 days from the date of publication of the notice.
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Sales of the RSA Government Retail Bond have reached R 1,660 billion since it's launch in May 2004. 18 674 people have invested with a total of 31 563 investments. December sales increased from R17 million to R35 million.
The National Treasury determines the prevailing interest rates for the 2-year, 3-year and 5-year RSA Government Retail Bonds at the end of each month.
2-year Retail Bond: 7.
3-year Retail Bond: 7.
5-year Retail Bond: 8.
The above interest rates are applicable from 1 February 2006 until 28 February 2006.
The retail bond has attracted new as well as the smaller investors. About 53% of the total investments, invested R20 000,00 and less. It is important to note the South Africans from all walks of life have invested in the retail bond.
Telephone applications are now available for investors.
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Thank you for inviting me to share with you at this very important retreat on Collaboration in the Field. I want to express my sincere appreciation to both Kemal Dervis and Gobind Nankani for the initiative - Africa needs the strongest collaboration between the UNDP and the World Bank, in the field, and the strongest possible cooperation with governments and other development partners, in pursuit of common objectives.
Just twelve months ago, policy-makers across the continent were exceedingly optimistic - 2005 was to be the watershed year in respect of Development in Africa and the mobilisation of financial resources in support thereof. Three major international events would assure us of the centre-stage - the G8 Summit at Gleneagles, The Millennium Plus 5 Summit in New York, and the grand finale in the Doha Round was to be sealed at the WTO Hong Kong Ministerial meeting.
So confident were we, that in drafting the Commission for Africa Report, we started with the words, "This year is of great significance for Africa. In 2005 the world will review progress on a remarkable commitment it made in 2000."
We described both the moment and its challenges very forcefully.
Growth and globalisation have brought higher living standards to billions of men and women. Yet it is not a wealth, which everyone enjoys. In Africa millions of people live each day in abject poverty and squalor. Children are hungry, their bodies stunted and deformed by malnutrition. They cannot read or write. They are needlessly ill. They have to drink dirty water. Those living in Africa's mushrooming shantytowns live by stinking rubbish tips and breathe polluted air.
The eyes of the world may be averted from their routine suffering, but the eyes of history are upon us. In years to come, future generations will look back, and wonder how could our world have known and failed to act?
As we gather, we should confirm that 2005 failed to live up to our expectations of it - indeed the world knew, and the world failed to act. So, one of the key tasks of this retreat will be the reinvigoration of the global conscience - which means asking whether we really do share common objectives, and a clear understanding of how these should be met. Allied to that task, is a second important task - the practical and humbling project of climbing down from the comfort of our analytical chairs to forge real, tough, engaged partnerships to get things done.
Whilst recognising the centrality of the MDG's as a global metric for development, we should pause to consider the adequacy thereof.
The MDG's are not ambitious enough. The MDG's address the symptoms of development failure whereas the real challenge is to tackle the underlying root causes. The real challenge is not only to achieve the MDG's up to 2015, but to go beyond them to the issues of transformation in the productive structure.
First, development efforts should be rooted in a long-term, holistic vision of a country's needs, not just macroeconomic but also social and structural. Second, it should focus on results rather than inputs. Third, it should be based on country-owned strategies. And fourth, development actors should foster partnerships to support the country-owned strategy.
But what is the content of such "country-owned strategies" The short answer is that they are articulated in PRSP's. We should all acknowledge that in terms of design, the PRSP's lay a strong basis for both participation of a cross-section of a country, as well as policy choice that can be exercised through the process. Well, do they There are several problems?
Last week we conferred with African statistical agencies in Cape Town. There we confirmed that statistics on the continent are seriously deficient. Nineteen of the fifty-three African states were unable to conduct even a population census in the last ten years, nearly twice as many as in the previous decade. We then agreed that factual country-level data in a number of cases has been replaced by estimates produced by international organisations on the basis of inferred information. Since the PRSP's are designed to rest on a strong statistical base, their status is weakened by such shifting foundations.
As an aside, the Human Development Index is dependent on much the same data sources. If the statistics are not available, how would the HDI be computed, since it is premised on life expectancy, an educational index, and a GDP index, adapted to PPP. My submission is that in the absence of reliable data, the veracity of the HDI must surely be at least as precarious as that which informs the PRSP's. The critical point is that this undermines country-owned policymaking, and perpetuates mistrust and divergent perceptions about both goals and achievements.
So, the capability of the state to collate statistics, and exercise policy choice is vital, in each instance, for the production of country-owned strategies. Failing which, we remain dependent on the behest of the multilateral organisations to determine the content of our policies, and these policies are unlikely to enjoy the support that they need. This contradiction is worthy of the attention of this retreat.
Alongside the statistical problem, there is a strategic dilemma. To place a country on a sustainable development path requires of its government to frequently address itself to two divergent sets of "partners" - the managers of ODA, on the one hand; and foreign investors on the other. Of course, these should be complementary sources of development, but life is not so simple. In a recently published paper, Ernest Aryeetey, describes these as the Soft and Hard Options respectively.
The literature on aid to Africa suggests that there have been two main constraints to an expansion in aid to the region. These are (a) doubts about the effectiveness of aid to a number of countries, and (b) related to that, "aid fatigue" which is reflected by the perception in donor countries that Africa may have a bottomless pit for drawing aid.
So, convincing donors of the competence of the state and the veracity of policies selected is clearly much more difficult than at first glance. Moreover, we are reminded that the notion of untied aid is profoundly naïve.
The US has always used foreign aid strategically. The Marshall Plan, the first major US foreign aid program, was motivated largely by concerns over national security and the desire to prevent Soviet expansion in Europe. During the Cold War, aid was allocated to anti-communist allies with South Korea, South Vietnam and Zaire among the largest recipients. Aid has also been used to promote regional security agendas, such as for Egypt and Israel in support of the Camp David Accords. But, in recent years, aid may have taken a broader strategic significance, as US policymakers drew links between security, global poverty and weak states.
Their research shows that there has been little increase to Africa over the period. Interestingly, the DRC receives $0.82 per capita, Ethiopia receives $2.11 per capita, Egypt $ 7.26 per capita, and after significant cuts, Israel receives $ 71.88 per capita.
So is Africa insufficiently poor, and not enough of a security threat Perish the thought - are we so naïve as to believe that policymakers will be moved by the sense that "the eyes of history are upon us" Could we be so wrong in expressing the hope that, at least the MDG's will be funded, or that the partnership expressed in the Monterrey Consensus has a hope, or that, at least NEPAD should be supported Is the quality of verbiage in the summit declarations the only recall that future generations will have What needs to be done before we will see properly structured, long-term, efficient and coordinated budget support replacing the chaotic bureaucratic clutter that we call ODA today?
But let's return for a moment to what Aryeetey described as the "Hard Option".
While quite a lot has been written about how to attract foreign private capital, with emphasis on country risk minimisation, the development of infrastructure, appropriate macroeconomic policies with particular reference to stable exchange rates etc. there are also opportunities for African states to do a bit more beyond the standard recommendations.
This is much easier said than done. One of the greatest weaknesses facing too many countries on the continent is the very capacity of the state to design and deliver on policies. There have to be huge changes in creating an investment climate, in rolling out infrastructure, in developing sound policies for human resource development, and the nurturing of an indigenous private sector.
As hard as it is to achieve, the world urgently needs a combination of substantial foreign aid in the form of grants, perhaps at least twice the amount that is currently available, with a mechanism to ensure that these resources are actually put to good use. There is really nothing that automatically leads to the inclusion in the world economy of countries that have been marginalized by history, geography, civil war, governance failures, and/or foreign power struggles on their soil. Globalization does not "work" for these countries.
The linkages that exist between them and growing parts of the world are insufficient. Some optimists seem to think that global growth will eventually "reach" these countries as it will reach the poorest parts of India and China. Unfortunately there is nothing inevitable about this. To make an extreme comparison: there is no reason for the growth of the world economy to benefit the moon! China and India can use the apparatus of the nation-state to "create" linkages between their own prosperous regions and their poor regions. Somalia and Sierra Leone can do very little on their own to create equivalent linkages between themselves and the dynamic parts of the world economy.
Hard hitting truths. "There is really nothing that automatically leads to the inclusion in the world economy of countries marginalized by history, geography, civil war, governance failures and/or foreign power struggles on their soil."
Your mandate, as employees of the two multilateral bodies represented here is to make the linkages. You can do so, if you collaborate in the field, and if you understand better the nature of the challenges of building capable states and facilitating the appropriate policy choices, and if you build strong, lasting partnerships with the countries and organisations who are your partners.
In many respects the paper is a gift to a retreat such as this.
Life used to be relatively simple for the peddlers of policy advice in the tropics. Observing the endless list of policy follies to which poor nations had succumbed, any well-trained and well-intentioned economist could feel justified in uttering the obvious truths of the profession: get your macro-balances in order, take the state out of business, give markets free rein. "Stabilize, privatize and liberalize" became the mantra of a generation of technocrats who cut their teeth in the developing world and of the political leaders they counseled.
He proceeds to evaluate the World Bank's "Economic Growth in the 1990's: Learning from a Decade of Reform".
There are no confident assertions here of what works and what doesn't - and no blueprints for policy makers to adopt. The emphasis is on the need for humility, for policy diversity, for selective and modest reforms, and for experimentation. "The central message of this volume, Gobind Nankani, the World Bank vice-president who oversaw the effort writes in the preface of the book, "is that there is no unique universal set of rules [W]e need to get away from the formulae and the search for the elusive 'best practices'.
Telling poor countries in Africa or Latin America that they have to set their sights on the best-practice institutions of the US or Sweden is like telling them the only way to develop is to become developed - hardly useful policy advice!
Your work during this retreat and beyond has just become so much more challenging, and so much more interesting. I have no doubt that the two giants who are leading this venture - Kemal and Gobind - are in the vanguard of thinking deeply about these changes. You will have to partner with them, experiment with new approaches and constantly remind yourselves that your task is to empower policy-makers with the information that allows them to take the decisions. It is the least that you should offer in recognition that the policy-makers take the risk of governance, they remain accountable to their electorate.
But first, you shall have to answer what it is that we Africans should ask of governments of the North and from the Bretton Woods Institutions, and then what you, in the multilateral agencies should ask of us.
3 "Helping the Poor" The IMF and Low Income Countries, Fondad, p232?
4 Development and Poverty Reduction, Looking Back, Looking Ahead, World Bank p10/11.
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South Africa welcomes the opportunity afforded by the G8 Finance Ministers to attend their meeting in Moscow on 11 February 2006, together with Brazil, India and China.
Deputy Minister of Finance, Mr Jabu Moleketi, noted that such meetings enable Developing Countries to share their views with the G8 on global economic and trade matters.
The Meeting focused on the need to make more progress on the Doha Trade Round, with a special emphasis on the Doha Development Agenda. These matters include agricultural reforms, expanding market access and the elimination of trade-distorting subsidies. A special emphasis was placed on the increase of Aid-for-Trade to address supply side constraints in developing countries like transport infrastructure to enhance the capacity of Developing countries, to enable them to take advantage of trade opportunities. The Meeting also noted the importance of opening up markets for non-agricultural commodities and services.
The Meeting noted the need to sustain the commitments to the Africa Development Agenda to complete "the unfinished business of 2005" (as expressed by Chancellor Gordon Brown), and agreed that they would approach Heads of State and Government to increase their involvement to accelerate the process to complete the trade round.
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Freedom is a word that remains central to the body politic in South Africa. The very word defined our struggle for democracy, now it continues to give content to the responsibilities of governance.
In the campaign for the Freedom Charter in 1955, the call was clear. The pamphlet inviting participation read, "We call the people of South Africa Black and White - Let us speak together of Freedom". The adoption of the Freedom Charter in June 1955 provided a distinct rallying call to and an impetus for the struggle that intensified thereafter.
Our Constitution, adopted a decade ago, is a celebration of that very word Freedom. Its Preamble sets the backdrop.
Respect those who have worked to build and develop our country; and Believe that South Africa belongs to all who live in it, united in our diversity.
Exciting as these words were at the time of the adoption of the Constitution, the more important question is the value of these commitments as the pages of the Constitution yellow with age.
An important measure is the State of the Nation Address delivered by the President each year. What distinguishes our State of the Nation addresses is that they are a report of progress against the benchmark of commitments made in the Preamble to our Constitution. Further, the Bill of Rights also commits to a progressive realisation of second-generation rights - and in a democracy, the people are entitled to know.
In the compilation of the Budget, we are confronted with exactly the same set of questions. How do we value our freedom Can we provide for further steps in the progressive realisation of rights Are we in a position to generate resources on a sustainable basis What steps are we taking to safeguard our freedom?
Since the challenge to us relates to the value we attach to our rights and freedoms, the discourse on the Budget has to be about the constitutional imperatives, as much as it is about the numbers and the allocations.
This process tends to take the Finance Minister beyond the pigeon-hole which he/she is meant to occupy with a raft of accountants, economists and statisticians.
Events that occur elsewhere have meaning, since they assist us in evaluating the content of our democracy and the value of our freedom.
As we were finalising our budget over the past few weeks there were two sets of elections that we could use as reference points.
The first of these was held in Palestine on 25 January, with Hamas winning 74 of the 132 seats in the Legislative Council. Undoubtedly, the result came as a surprise to many for whom Fatah and the PLO had come to represent the face of the Palestinian struggle. There were outside observers of those elections - former US President Jimmy Carter said the elections were "completely honest, completely fair, completely safe and without violence." I think that we should therefore accept then that the Palestinian people have spoken. Yet some are unhappy with the result. The Secretary General of the Arab League, Amr Moussa, said, "We cannot promote democracy, then lament the result of democracy or object to the result." But this overwhelmingly plain and rational argument fails to persuade some of the powers that be. The US Secretary of State, Condoleezza Rice, this week told a senate committee that the US government will not give aid to a Palestinian government led by Hamas. The house backed the Secretary of State with a resolution thereafter.
So, what is the value of democracy in Palestine?
An election was also held in Haiti earlier this week. In the process of counting, a series of curious events arose. By Monday evening we learnt that Rene Preval was just short of the 50% mark, and his nearest rival was at 11.2%, with all the votes cast. That was until a huge pile of smouldering ballots was found at a rubbish dump in Port-au-Prince. A "deal" was subsequently done to declare Rene Preval the winner with 51% of the vote. Of course, that was after the poor had vented their anger, to the extent that Archbishop Tutu had to be airlifted out of Port-au-Prince. But there were many other monitors, certainly including a large contingent from the USA. I have yet to hear their expression of outrage at the theft and destruction of ballot papers cast, but not counted. In fact, the "deal" to declare Mr Preval as President-Elect was brokered by the US Charg' d'Affairs and is premised on the fact that there will be no charges against others for vote fraud. But, what do the silences mean for the prospects of financial aid to the Western Hemisphere's poorest country Has the legitimacy of the elected government been compromised by the "deal", or does that matter at all What value can Haitians attach to their freedom What prospects exist for the progressive realisation of rights and freedoms?
These kind of observations are central to the choices we exercise in the Budget. I raise them more to explain their import on the democratic decisions in South Africa, than as a commentary on the duplicity of large powers elsewhere. For us as a country, the progressive realisation of rights is inextricably bound to what we can afford.
Of course, we are exceedingly mindful of the both the achievements of the past twelve years and what remains to be done. The numbers of houses built, connected to the electricity grid, linked in to water reticulation speak volumes. Similarly, the percentage of young people in the education system is exceedingly impressive, we can count the number of visits to clinics and hospitals and feel good about it. We must celebrate the provision of free basic services as a major innovation that measurably improves the quality of life of South Africa's poorest. But, we remain humbled by what remains to be done both in respect people who have yet to benefit from these services, and the very necessary improvements in quality which, from our perspective, are not happening fast enough.
As South Africans, we must talk about these matters because they answer the imperative of the progressive realisation of rights and freedoms. We must do so because we understand that by improving on the quality of life, we will free the potential of all our people. It is this that consciously informs the choices we make. More importantly, it is this that safeguards our democracy.
The values in our Constitution also provided the framework against which we could develop a national response to this terrible debacle surrounding the publication of the cartoons purporting to be of the Prophet Mohammed. In his response to the debate on the State of the Nation Address, President Mbeki spoke at length on this matter.
Our Constitution entrenches the right to freedom of speech. I am certain that all of us in this House, and our people as a whole, respect this right and would do everything possible to protect and defend it.
At the same time, our Constitution also entrenches the freedom of religion, belief and opinion, which I am equally certain all of us in this House, and our people as a whole, respect this right and would do everything possible to protect and defend it. With regard to freedom of expression in this context, it says that the right to freedom of expression "does not extend to Advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm."
While we defend Jyllands-Posten's right to publish, we also question its editorial judgement. It is not a decision we intend to emulate.
There is no merit in causing gratuitous offence, as these cartoons undoubtedly do. We believe it is possible to demonstrate our commitment to the principle of free speech in more sensible ways.
This city saw one of the largest marches since the dawn of democracy. This march of well over 30 000 people, protesting the publication of the cartoons was also incredibly peaceful. The main reason for this is that the marchers themselves found refuge in the Constitution and knew that it unequivocally protects their rights to believe with out intrusion.
We should never take these Constitutional values and rights for granted. They define the content of our freedom. They may be tested from time to time, but I have no doubt that they will repeatedly prove their value.
In a world where freedom and democracy can be as easily diminished, as demonstrated by the examples of Palestine and Haiti, nations need an anchor - ours is the Constitution. And, in a world where decision-makers, be they in the newsroom, the Boardroom or the Cabinet room, are faced with apparent contradictions of freedoms or choices, a touchstone is needed. Ours is the Constitution. And when, the poor of this country ask, "What about us", again we look to the Constitution to explain both the obligations we have and why their living standards are not improving as quickly as they hope for.
This is the value of our freedom. Let us celebrate it together. Let us share its joys with others.
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The Prevailing Interest Rates are applicable from the first day of the month (1st March 2006) until the last day of the month (31st March 2006).
2-year Retail Bond: 7.25% 3-year Retail Bond: 7.50% 5-year Retail Bond: 7.
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There is this haunting refrain from a once-popular song: "Every generation, blames the one before". As we South Africans proceed through life, with our senses alert, we see, feel, smell and touch so much of the residue of apartheid. Yet, we cannot, as a generation of democrats, blame the one before. We are the first generation of democrats. We are called upon to use our observations about the present to construct a better, more inclusive future for all South Africans. We need to be guided by a value system associated with basic humanness - values such as community, as plough-back, as ubuntu, and as vuk'zenzele. Collectively, as a generation, we are the agents of change. Together, we have to be our own conscience about opportunities, both presented and missed. Together we must agree on how we will measure our collective success.
And, our values must outlive fashion. Philanthropy is exceedingly fashionable right now, as is the amount of money that individuals and corporations give. Philanthropy is fashionable because the number of wealthy individuals is growing in leaps and bounds - it therefore comes as no surprise to learn that the Forbes List now records some 691 billionaires worldwide.
Sunday paper reported yesterday, that amount of giving is put in perspective by the $ 36 Billion spent on pets in the USA in 2004. Furthermore, there is this intense competition between moguls and their corporations about who can be seen to give the most, and to the most prominent charities.
Thankfully, the book we launch here, FACE UP, is not in that brag league. There is no reference anywhere in the publication to the amount of money - yet it is clear that there is a very substantial programme of support here. This is no accident - for "Face Up" is a pictorial record of people and partnerships. The spirit of the publication requires that we focus on the outcomes of the effort, whose measure goes way beyond the amount of financial resource available.
Winston Churchill is credited with having said, "We make a living by what we get, but we make a life by what we give." What we give, in the context, is even more important than how much we give. "Face up" is about what is given - and what is given is the enablement of a sense of community, dignity and esteem. This is also, very largely, the story of how a democracy is built and deepened. Its starting point is that there remain huge deficiencies in attaining our broad collective vision of a caring democracy.
We are endowed with a remarkable Constitution that creates an obligation on government to meet the aspirations of all South Africans by the progressive realisation of a series of rights. The Constitution also creates a custodianship of these values in the Constitutional Court which has evaluated performance and made important findings in a number of cases including Subramony and the right to expensive medical treatment; Grootboom and the right, of especially children, to be decently housed; and there has even been a judgement on the right of access to Nevirapine. Outside of these judgments, and perhaps even in conclusion of the approach arrived at by the court in each case, government is able to demonstrate an impressive metric of services delivered since the arrival of democracy. So, we are able to point to the relevant statistics: the number of houses, schools and clinics constructed, the enrolment numbers at schools, the number of hospital visits per family, numbers of social grant beneficiaries, and so much more. As we improve our economic performance, so we are able to strengthen and extend programmes of public service delivery and social development. But the billions that are spent through government departments cannot ever be enough. The key challenge in arriving at an environment which qualifies as a caring democracy is what lies beyond the infrastructure provided and the public services accounted for. It lies in the accompanying software, the quality of social solidarity, the active emergence of a spirit of community and enterprise in the neighbourhoods where people reside.
It is in this regard that the stories told through the wonderful photographs in "Face Up" find resonance. They sometimes suggest areas of government work that has failed, they sometimes point to areas of progress and success, but the underlying message, the living proof in people's lives, is that what government does can be extended by the building of partnerships, that the quality of impact of the billions that we spend on public services relies on people working and sharing and caring together. In its 132 pages, "Face Up" explains at least three inter-related partnerships. First, there is the partnership between Discovery and the providers of community-based services, many of which are rooted and organically developed in the communities served. Second, there are the partnerships between the service providers and the constituencies served by them - all of them are so different both in form and in substance. Third, there is the indirect partnership through Discovery and the 63 communities served by the supported projects. What is interesting about this selection is that they are all within the defined focus areas of development, many create the opportunities for shared learning, and a vast number have the potential to grow out into similar areas, provided that the energisers are in place. These three sets of partnerships tell a wonderful story of Corporate Social Investment at its very best.
The launch of this wonderful book affords us an opportunity to express our appreciation to all concerned - the innovators who live out their dreams and whose dedication and energy is as boundless, the communities who determine the success of the projects, to Adrian, Ruth and the team at Discovery, and to Alexandra and Terry for the manner in which their presentation allows us to be touched by the lives of those concerned.
I hope that this publication will inspire all concerned to persevere, and to open new frontiers in the deepening of democracy. I also want to express the hope that the publication will spur others to action.
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Minister Manuel supports Mr Gantsho's appointment as Vice President for Northern, Eastern and Southern African Operations of the AfDB. The South African Government, as a shareholder, is confident that Mr Gantsho's knowledge, experience and commitment to development will make a tangible contribution towards accelerated socio-economic development of the continent and realising the NEPAD vision of a vibrant and prosperous Africa. In his current leadership role, Mr Gantsho has played a pivotal role in transforming the DBSA into a leading and widely-respected regional development bank.
Mr Gantsho, a chartered accountant, was the DBSA's Chief Financial Officer from 1995 to 2000. After a fifteen-month secondment to the World Bank's Washington-based private sector lending arm, the IFC, he was recalled by Minister Manuel to be Chief Executive and Managing Director of the DBSA in July 2001. During his five-year term as CEO and MD, Mr Gantsho is widely acknowledged as having placed the DBSA on an unprecedented growth trajectory, with disbursements growing by more than 60% to over R3 billion per annum, and total assets increasing by 50% to over R24 billion in 2006. At the DBSA, he has adeptly maintained the delicate balance between development impact and financial sustainability, a feat that has eluded many development banks. His term has been accompanied by increased emphasis on the Bank's developmental role, and in making its finance and support more accessible and affordable to less-capacitated local government clients. A further significant contribution has been the revitalisation of the DBSA's capacity building and knowledge management role, with the establishment of a dedicated Development Fund, an in-house training academy, and the strengthening of its development policy and information capacity.
Should you have any media related enquires please contact Thoraya Pandy on 082 416 8416.
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The National Treasury has decided to embark on its foreign funding for 2006/07. In 2005/06, Requests for Proposals (RFPs) were sent out, to which 19 banks responded. These proposals were evaluated and a shortlist compiled. The short-listed banks were then requested to present their proposals to a panel from National Treasury, and the successful banks were selected.
The National Treasury shelved its foreign funding programme for the 2005/06 fiscal year. Consequently, it was decided not to re-send RFPs and appoint the lead managers on the basis of the 2005/06 submissions and process.
The National Treasury has awarded Standard Bank and Deutsche Bank the mandate as joint Lead Managers for the 2006/07 foreign funding in Euros. Syndication will be finalised closer to the road show.
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The Deputy Minister of Finance, Mr Jabu Moleketi today expressed serious concern about the threat by participation-bond scheme, Fedbond, to sue the FSB unless the regulator abandons its Supreme Court of Appeal application to place Fedbond under curatorship.
Such a threat goes against the basic principles of financial regulation. All financial service providers, including a collective investment scheme such as Fedbond, operate under a licence that is conditional on the provider meeting certain requirements as set out in legislation. This is critical to ensuring that investors can place their ongoing trust in the integrity of the South African financial sector.
Any financial service provider that is deemed not to have met these standards of trustworthiness cannot be allowed to manage the public's money. If in the regulator's view the prescribed norms have not been adhered to, then it is the regulator's statutory responsibility to protect the interests of investors. Any notion that a financial services provider can sue the regulator under these circumstances is fundamentally flawed.
The Deputy Minister has no reason to believe that the FSB has not acted at all times solely in the interests of investors in this matter and regards the threat by Fedbond as irresponsible and undermining of the regulatory function of the FSB.
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The National Treasury today released a discussion paper outlining far-reaching proposals designed to improve the cost and fairness of contractual savings products offered by the South African life insurance industry, such as retirement annuity funds and endowment policies.
Although there is currently a broader process of retirement reform underway, certain issues that are particular to the retirement savings products offered by the insurance sector require urgent attention.
The discussion paper follows the signing of a Statement of Intent between the Minister of Finance and the long-term insurance industry in December 2005 and is the outcome of extensive consultation with representatives from the insurance and intermediary industries. Though the Statement of Intent primarily addresses issues of poor benefits in the event of early termination of contributions, the agreement also included a commitment to examine other issues impacting on costs, including commission structures, disclosure standards and consumer education.
reducing barriers to effective competition, to be informed by a joint National Treasury, Financial Services Board and Competition Commission investigation of the insurance sector and other service providers in the long term contractual savings market; and improving disclosure requirements, consumer education and product standards.
issuing a Code of Governance for Trustees to clarify the fiduciary duties of the trustees of retirement annuity funds; and issuing regulations and model rules on matters that must be included and addressed in all retirement annuity fund rules.
requiring that intermediaries must declare themselves to prospective policyholders as either an insurer agent or an independent financial advisor - the distinction being that insurer agents must be remunerated by the insurer only and independent financial advisors must be remunerated by the customer only; and requiring that only independent financial advisors may describe themselves as "advisors" or "providing advice"; and improving the quality of investment advice through higher standards of intermediary education and implementing a system of accreditation.
making allowance for transitional financing arrangements for small and emerging intermediaries so as to continue to support access to savings products by low-income investors; and applying the principles of commission regulations in a consistent manner to both risk products and savings products and determining a consistent approach for single premium products.
regulations to give effect to the agreement contained in the Statement of Intent on minimum early termination values applicable to existing policies and policies terminated after 1 January 2001; and regulations covering enhanced minimum early termination values, to be applied to new policies from a date of implementation to be specified in such regulations, that provide for a graduated set of minimum values and an appropriate sharing of the risk of early termination between the policyholder, insurer, and intermediary, aligning as far as possible the interests of all parties.
It is anticipated that these measures will result in a significant improvement in cons umer perceptions of the value offered by the savings products of the longterm insurance industry, particularly with respect to the burden of cost in the event of early termination.
The discussion paper contains recommendations on principles of reform and high-level proposals, with a view to eliciting comments that will assist in crafting detailed proposals and revised regulations. The process going forward will entail further consultation with all stakeholders.
The discussion paper is available on the National Treasury website: www.treasury.gov.
The closing date for comment is 15 May 2006.
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The Prevailing Interest Rates are applicable from the first day of the month (1stApril2006) until the last day of the month (30th April2006).
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Finance Minister, Trevor A Manuel MP, has been appointed to serve on the World Bank's Commission on Growth and Development. This Commission will highlight fundamental aspects of economic growth for the attainment of development objectives and identify forward-looking growth policies. It will be chaired by 2001 Nobel laureate Mike Spence and includes Minister Manuel, policymakers, academics and business. The Commission will release a report at the 2006 World Bank-IMF annual meetings in Singapore. The report is expected to influence thinking on growth strategies and national development policies for the World Bank and will be finalised in 2007.
Minister Manuel will be accepting an Honorary Doctor of Law degree from Rhodes University on Friday, 7 April 2006. The degree will be conferred at the graduation ceremony in Grahamstown at 14h30 and the Minister will make an address to graduates from the Faculty of Commerce.
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Professor Gerwel, Dr Woods, Deans and Members of Faculty of Rhodes University, Parents, Friends, Graduating Students...
Many of the deepest and most profound challenges in the life of a Finance Minister arise from the intertanglement of law and economics. Fundamentally, the annual budget is the Executive's statement of how it plans to give practical meaning - social and economic content -to the duties and obligations imposed on it by Parliament, and embodied in law.
I imagine that in the lives and careers of today's graduates, the interface between commerce and the law will also figure prominently at times, although I hope not too often. If you go into business, it is the law that provides a framework for the institutional form of your enterprise, provides security of ownership of your property and certainty to the contracts and transactions that make up your business activities. If you go into public service, the law will provide the intrinsic motive, organisational structure and practical means through which you will act, as a teacher, an administrator, an advisor, even as a politician.
If you marry, then that happy circumstance will be governed by legal and economic necessities that you had best study carefully in advance. And if you have the good fortune to find yourself in receipt of an income, regular or irregular, you will find there is an inconvenient interference of the law in your financial affairs that the South African Revenue Service administers with everincreasing competence and professionalism.
Both the law, and the economics of everyday life, are extraordinarily complex, sometimes surprising, sometimes frustrating, always exacting. I know that the very best efforts of your teachers and the diligence with which you have applied yourselves, body, mind and spirit, to the acquisition of knowledge during your time at University, are just the beginning of the great learning adventure in these subjects that accompanies life and living.
Some of you, or your long-suffering parents, may already have experienced misadventure of a legal or economic kind. I hope it is possible to take from the experience what is useful and helpful, with the humility to adopt a more moderate approach to celebrating life, going forward.
This is not, incidentally a problem only of the modern age. In 1954 a Senate Committee enquired into "the orientation of first year students". It was reported that "There is great indifference to academic work amongst the rank and file of students If you study regularly you are thought rather odd." And so we can celebrate today the outstanding achievements of those who perhaps chose to be a little odd, while we also congratulate those who have succeeded in the academic race despite the alternative distractions of student life. More important perhaps, are the larger lessons of social and intellectual curiosity, comradeship and community, that are the hallmark of this wonderful University and the City of Grahamstown.
I would like to leave a few thoughts with you today on the choices we all face, in so many different ways in private and public life, that depend not so much on the law or economic calculus as on our values and moral beliefs. It is surely true to say that for all the certainty and refinement of options that the law provides, and for all the analytical rigour about costs and benefits that economic rationality offers, it is the way we think about what is right and what is good that is far the most important determinant of the actual choices and decisions and judgements that we make.
I have in mind, for example, the challenge of progressive realisation of social and economic rights - a concept which occupies a special place in the South African Constitution and underpins large parts of our public finances. The law provides that the state contributes to housing for the poor, basic residential and municipal services, access to clinics and schools. But how we allocate resources between these and other priorities, how we manage projects, how we monitor service delivery, how we actually go about the daily tasks of public administration, is intrinsically about values.
I have in mind also the intricate interplay between statutory protection of individual and group rights and the negotiated or competitive evolution of social and economic institutions. We have recently heard the courts rule on the obligation of the city of Johannesburg to provide alternative accommodation to people evicted from illegally occupied or hazardous buildings. We have also recently seen the tragic consequences of a failure to maintain basic fire protection standards in crowded residential structures. How do we make sense of the court's judgement, in the context of very real risks associated with dangerous living conditions One possibility is that officials, faced with the judge's rejection of the city's efforts and the impossibility of fully providing alternative accommodation when the waiting lists are already unmanageably long, will retreat further from the inner-city housing problem and divert resources to other purposes. Or perhaps a way will be found to match the building renewal programme with workable residential relief services. The important point I want to make is that it is not the court judgement that solves the problem. Whether a solution is found or not, depends on the imagination, resources, shared expertise and - above al?
the vision and values of the officials and others involved in the housing process. The courts can contribute very little to this, and it is not difficult to describe circumstances or find historical examples of progressive court rulings that have been counterproductive, in practice, because the institutional capacity required to give effect to the law has been absent. And the institutional capacity that is most critical, is rather abstract, rooted in shared moral values, and can't be hired from a labour broker.
These are weighty themes, proper subjects of dense scholarship and lengthy discourses. Although the underlying philosophy may be rather complex, the world throws up puzzles of this kind all the time, and we have to be prepared.
Headed by our Constitution, but set out also in an extraordinary range of legislative and policy reforms over the past decade or so, and embedded in new institutions with specific mandates to address social and human rights, protection and empowerment of particular groups or identified economic needs and social development challenges - we have constructed an impressive array of progressive state programmes backed by the law, fiscal resources and carefully designed organisational arrangements. Yet, I think we all share an unease, a sense that what we have achieved is not enough, an impatience that poverty and unemployment persist, a desire to move ahead more rapidly.
What holds us back?
There are many ways of answering this - and of course an important part of the answer is to understand that we can aspire to greater social progress, but we can't be entirely confident about how.
Isn't that one of the glorious paradoxes of being human There is no limit to what we can achieve, but there is a bit of mystery in everything we undertake. We can make 438 runs in 50 overs, but how we get there is way beyond anybody's understanding?
There is something else about the sports-field analogy that is helpful to understand. The fitness training, the team exercises, the skills programmes, may well pay dividends, may yield calculable benefits, but there are no guarantees about the outcome of the next match or whether we will win or lose.
We do know that a team with a common purpose, shared values, a collective will to work together, is more likely to succeed than a divided house, a broken partnership.
Economic development, building a business, developing a career, raising a family - these are human endeavours of infinite complexity about which our knowledge is incomplete. Success may be quick, it may be slow. What we do now, may deliver rapid returns, or may emerge much later. Education is a social investment that pays not just interest, not just compound interest, but a cumulative compound return over many generations. But in the national accounts it is a collective consumption item. The hours you have spent at your books may bring rapid business opportunities, may mature gradually over your career, may even yield their richest reward in the way you spend retirement years with your grandchildren.
We find ourselves somewhere between the certainty and relentlessness of the law, and the risk-reward trade-off of the business entrepreneur. Social progress is not governed by immutable laws, but nor is it a lottery. The real lesson here is about learning - learning from our own past, learning from other people's experience, learning from the evidence around us. Perhaps the astonishing thing is that it can take so long for the evidence to be exposed and to be understood.
Ideology, familiar practice, unexamined beliefs all play a part in holding back progress. We have known for a long time that far too many policies in our contractual savings industry are surrendered, at excessive cost to financially vulnerable consumers. We have known for a long time that the administration and transaction costs in our unusually well-developed financial service industry are comparatively high. But somehow the disease has been left unattended, a kind of social complacency has persisted for decades. But what is familiar, and legal, and commercially successful, may nonetheless be a social and economic outrage.
We have to be willing to examine the evidence, and turn it around and dig in dark corners, and overturn long-established reputations if necessary. The simple lesson from this sorry saga is that what is familiar, and well-established, and respectable, may nonetheless be unfair. Be alert, and have the courage to question what may be familiar, but is nonetheless unsound.
There is of course nothing new in the discovery that many tens of thousands of otherwise fine people have been lulled into complacency because unseemly practices have become familiar and established. Unfair commercial practices in part reflect inadequate regulatory arrangements. We can proceed to put in place remedies, but we should be cautious about how we apportion blame and there are distinct limits to the scope for extending corrective measures back in time.
Modern-day business consultants are much taken with the language of risk management, and in the usual toolbox nomenclature there is an unedifying category called "regulatory risk". Frantic actuarial minds have perhaps been exercised by alarming regulatory risk matrix calculations in some parts of our financial services sector over the last year or so, but there is clearly a need for a level of discourse beyond this clutter of opportunistic classifying and computing. Where the pursuit of commercial gain is elaborated in business practices that heighten the "risk" of regulatory intervention to protect the ordinary interests of customers and consumers, then something fundamental is at fault. One view might be that short-term gains have crowded out more prudent long-term perspectives. Another is that there is a failure of moral leadership in our business sector.
The character of business leadership and its articulation in codified standards of corporate governance is of course an issue of global concern these days. We have seen several free-wheeling governance failures of major proportions, both internationally and in our own country, descending into theft and fraud of mind-numbing dimensions. The scale of this kind of plunder may be unquantified, but its character is unambiguous.
Much more insidious is the kind of corporate fraud that works within, or nearly within - sometimes carefully exploiting - formal rules and procedures of governance. There may be failures of oversight and fiduciary negligence on the part of directors that create opportunities for unscrupulous managers; in complex financial structures and overloaded board agendas there is seldom enough time to cover every possible loophole adequately. But the complexity and the information overload is frequently part of the problem. There is a very simple lesson from many of the fraud and business failure cases we have seen over the past decade or two, which is that over-elaborate information systems - frequently designed to manage all manner of risks and contingencies - have the unintended effect of weakening the integrity of corporate decision-making. Keep things simple, make sure you understand. We would have far less fraud and far better governance systems if that basic idea were more often applied.
Most instances of corporate fraud, unsound or unfair business practices, or corrupt acquisition of wealth, can be simplified to fairly straightforward moral issues. Elaborate business structures, even forms of compliance with modern risk management and corporate governance principles, can have the effect of masking or distorting the underlying moral judgements. All too easily, intelligent and well-intentioned people, allow themselves to slip into unacceptable behaviour because it is dressed up in a respectable cover. So my cautionary concluding word to today's graduates is: take responsibility, moral responsibility, not just for what you do, but most importantly for how you respond to the opportunities that come your way. Don't be misled by appearances, be clear that the substance of your conduct is above reproach.
Let me return, Chancellor, Vice-Chancellor, staff and students, parents and friends, to the Constitution that is the well-spring of our law and the values underpinning our public life.
Part of the burden of these obligations, part of the joy of the freedoms we have won, is the responsibility of moral judgement, the duties of fairness and honesty, in public and private affairs.
<fn>GOV-ZA.2006041101En.2012-02-10.en.txt</fn>
As announced in the Medium Term Budget Policy Statement (MTBPS) on 25 October 2005 and thereafter in the 2006 Budget Review, the Minister of Finance Mr Trevor A Manuel, MP, hereby appoints a task team to advise on possible reforms to the fiscal regime applicable to windfall profits in South Africa's liquid fuel energy sector, with particular reference to the synthetic fuel industry.
The synthetic fuel industry accounts for between 35 and 40 per cent of domestic liquid petroleum sales in South Africa. Local fuel producers sell into an administered price market at prices determined by the international price of crude oil without reference to domestic production costs. Concerns exist that this dispensation benefits synthetic fuel producers and their shareholders disproportionately, at the expense of the consumer and the taxpayer. Internationally, oil and gas companies are often subject to fiscal regimes that effectively taxes the windfall profits associated with high crude oil prices relative to resource extraction costs. Careful consideration needs to be given to the long-term development of the domestic fuel industry, the design of appropriate fiscal measures and the evolution of the relevant environmental and industrial regulatory arrangements. Mindful of international practice and the complex balance of economic aspects to take into account, the Minister of Finance has requested that the fiscal regime applicable to South Africa's liquid fuel producers be reassessed.
The task team is expected to make an objective assessment of the options for securing the optimal contribution of the synthetic fuel industry to long-term development in South Africa, against the background of, inter alia, its significance for the economy and the balance of payments, its historic dependence on the state for capital funding and price support, the impact of movements in the oil price and exchange rates on synthetic fuel producers' profitability and the potential for further expansion of domestic synthetic fuel production.
The Task Team is an advisory technical team, and will be chaired by Dr Zavareh Rustomjee, an independent consultant with extensive experience in the industry, and former Director-General of the Department of Trade and Industry.
The South African Revenue Service.
Dr Rustomjee is an ex Director General of the Department of Trade and Industry. He is currently an independent consultant and a director of a number of companies, including the Central Energy Fund (Pty) Ltd. He is a qualified chemical engineer and holds a PhD in economics.
Dr Steyn is an independent consultant with expertise in the areas of regulation, technology and innovation.
Dr Melomakulu is responsible for the Resource based Industries Unit at the Department of Science and Technology. She worked in the synthetic fuels industry from 1997 to August 2003.
Dr. Crompton is currently with the National Energy Regulator. He was previously the Deputy Director-General for Hydrocarbons and Energy Planning with the Department of Minerals and Energy and the Managing Director of the Minerals and Energy Policy Centre.
Ms Maule is an independent businesswoman with extensive experience in the petroleum industry. She served as CEO of Engen from 1999 to March 2002.
The National Treasury will provide secretariat assistance through Mr Cecil Morden, the Chief Director; Economic Tax Analysis in the National Treasury. The task team is expected to have its first meeting on or before the first week of May, and will convene hearings of key stakeholders in the liquid fuels industry at an appropriate stage. Organisations or individuals wishing to provide written inputs for the attention of the task team, may request further information from, or submit any comments to, Cecil Morden at cecil.morden@treasury.gov.
Should you have media related queries please contact Thoraya Pandy on 082 416 8416.
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The National Treasury will be hosting Sir Nick Stern, head of the UK Government Economic Service on Tuesday, who will present a lecture about the Economics of Climate Change and its impact on the UK and the world.
Sir Nick Stern has been Chief Economist and Senior Vice President at the World Bank from 2000 to 2003 and has also headed the Commission for Africa, which dealt with the developmental challenges facing Africa.
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The Ministry of Finance is pleased to announce that South Africa will contribute US$1 million over 20 years to the International Finance Facility for Immunisation (IFFIm). South Africa joins seven other countries that already contribute to this facility in order to prevent child deaths. These seven countries are Brazil, France, Italy, Norway, Spain, Sweden and the United Kingdom.
In 2003, an estimated 10.5 million children died before reaching the age of five, many from diseases that are already vaccine preventable. Over 27 million did not receive immunisation in their first year of life, making them vulnerable to infectious diseases in childhood and during the productive years of adulthood.
The IFFIm's efforts will therefore contribute substantially in curbing child deaths through child immunisation programs. It has been estimated that US$4 billion spent over 15 years, without frontloading, would save about 2.5 million lives before 2015. By frontloading US$4 billion over 10 years through the IFFIm mechanism, an estimated 5 million lives could be saved by 2015, and a further 5 million adult lives 20 years later. It is anticipated that of the total lives to be saved a significant number will be in Africa and Asia. In total 41 African countries are likely to benefit, of which nine are in the SADC region.
This commitment by South Africa and Brazil to support the IFFIm demonstrates the political will by emerging economies in addressing the problems of global poverty.
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Enquiries: Lungisa Fuzile Tel: 012 315 5158 Cell: 082 497 6397 E-mail: Lungisa. Fuzile@treasury.gov.
The fourth quarter provincial budget statement of receipts and payments published by the National Treasury on 28 April 2006 is the first estimate of spending outcomes for the 2005/06 financial year, which commenced on 1 April 2005 and ended on 31 March 2006. These figures may be revised as national and provincial departments finalise (and reconcile) their financial statements by 31 May 2006 for submission to the Auditor-General.
The figures in this fourth quarter report include the additional funds totalling R547,3 million allocated to provinces for conditional grants in the 2005 Adjusted Estimates of National Expenditure. Provinces have also contributed additional funding of almost R5,0 billion to their initial budget figures, which includes roll-overs from the previous financial year. This report also includes a comparative spending analysis over the 2004/05 financial year. Data for the 2004/05 financial year are extracted from the provincial audited annual financial statements.
In aggregate, provinces have spent 98,0 per cent or R214,8 billion of their adjusted budgets of R219,2 billion in 2005/06. This represents a significant spending increase year-on-year of 13,5 per cent or R25,5 billion over the audited R189,2 billion spent in 2004/05. Spending varies between the lowest share of 94,4 per cent in Free State and 95,8 per cent in North West to the highest at 99,8 per cent in KwaZulu-Natal and 98,6 per cent in Western Cape.
The year-end under expenditure of R4,4 billion or 2,0 per cent of adjusted provincial budgets in aggregate by provinces for the 2005/06 financial year is largely due to under expenditure in capital and conditional grants, in particular the social assistance transfers conditional grant.
Education expenditure totalled R72,0 billion or 99,6 per cent of the R72,3 billion total adjusted budget for education, and remains the largest item on provincial budgets.
The spending pattern reflects a R7,5 billion or 11,7 per cent increase compared with the audited spending in 2004/05.
Health expenditure totalled R46,9 billion or 99,5 per cent of the R47,2 billion total adjusted budget for health, and is the third largest item (after education and social development) on provincial budgets. The spending pattern reflects a 16,6 per cent or R6,7 billion increase compared with the audited spending in 2004/05.
The preliminary outcome for provincial social development departments indicates that provinces have underspent by almost R2,0 billion on their adjusted budgets, which appears to be the result of key initiatives introduced to address weaknesses in the grant administration system, with a specific focus on the disability grant, to stabilise the social development budgets.
In aggregate, provinces spent 94,0 per cent or R13,1 billion of their almost R14,0 billion adjusted capital budget between the various sectors. This is an improvement of 26,8 per cent over the previous financial year, exceeding the audited R10,4 billion spent in 2004/05 by R2,8 billion.
Due to the anticipated underspending on capital, R91,0 million of the Health Revitalisation conditional grant was re-allocated between provinces during the 2005 Adjusted Estimates process. Further, R746,7 million of the provincial infrastructure conditional grant has been withheld with Free State (R51,4 million), Gauteng (R277,3 million), Limpopo (R318,9 million), Mpumalanga (R57,1 million) and Northern Cape (R42,0 million) being the affected provinces.
Education provincial departments spent relatively low on capital at 83,0 per cent or R2,8 billion of their R3,4 billion adjusted budgets, which is 18,5 per cent or R436,7 million more than spending over the previous financial year.
Health provincial departments, year-on-year, significantly improved on spending on capital with a preliminary outcome of 92,4 per cent or R3,8 billion against their R4,1 billion adjusted health capital budgets, which is 53,0 per cent or R1,3 billion more than the previous financial year.
The highest share of provincial adjusted capital budgets is for public works, roads and transport departments at 34,3 per cent. The sector spent 106,4 per cent or R5,1 billion against its combined capital adjusted budgets of R4,8 billion for the 2005/06 financial year.
Total personnel expenditure in aggregate is 99,0 per cent or R95,7 billion of the R96,7 billion adjusted personnel budget. Both provincial education and health departments, in aggregate, underspent on their personnel budgets in 2005/06, with the exception of Limpopo which overspent by R532,5 million in education personnel.
Provincial own revenue collected is 19,7 per cent more than the adjusted forecast of R6,1 billion at R7,2 billion. National government transferred R134,7 billion in the form of the equitable share grant and R73,4 billion in conditional grants for the 2005/06 financial year.
The budgeted figures are based on the adjusted estimates of provinces, which were tabled in their provincial legislatures during November 2005 and also cater for amendments made to the adjusted estimates in the case of Eastern Cape and KwaZulu-Natal (approved by their legislatures on 20th February and 29th March 2006, respectively).
This analysis is based on the statement of receipts and payments, published by the National Treasury on 28 April 2006 and is available on the treasury website www.treasury.gov.za. The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury by the 13th April 2006, and submitted to the National Treasury on the 21st April 2006. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
The analysis presented here is restricted to financial information only, but provincial departments should be in a position to provide complementary non-financial performance information, in some cases, to at least up to the third quarter (as such information comes with a longer lag of 2 to 4 months) relative to the targets set in their Strategic and Performance Plans tabled in provincial legislatures. Such information is necessary to measure outputs and performance and to assess value for money. This preliminary assessment will provide a valuable basis for determining any possible overspending pressures or underspending risks after provinces have tabled their adjusted estimates.
Except for social development, where figures on beneficiaries are published, no other sector is publishing non-financial data at this stage. However, work is under way to extend reporting on service delivery in other departments.
The preliminary outcomes indicate that provinces have spent 98,0 per cent or R214,8 billion of their adjusted budgets of R219,2 billion for the 2005/06 financial year. Spending is at a similar level in percentage terms against spending over the 2004/05 financial year, however, in nominal terms, spending is 13,5 per cent or R25,5 billion higher than last year when provinces recorded audited spending of R189,2 billion.
Among provinces, spending ranges from the lowest share of 94,4 per cent in Free State and 95,8 per cent in North West to the highest at 99,8 per cent in KwaZulu-Natal and 98,6 per cent in Western Cape.
Social services adjusted budgets total R179,4 billion, and comprise 81,9 per cent of the total R219,2 billion combined provincial adjusted budgets in 2005/06. Table 2 indicates that provinces have spent 98,6 per cent or R176,9 billion of the adjusted R179,4 billion budget for the three social services (education, health and social development). This is 13,7 per cent or R21,3 billion more than the audited spending over the same period in 2004/05.
Education adjusted budgets of R72,3 billion comprise 33,0 per cent of total provincial adjusted budgets. Table 3 indicates that education expenditure is at 99,6 per cent or R72,0 billion of the total adjusted education budgets, an increase of 11,7 per cent or R7,5 billion compared to the audited R64,4 billion spent in 2004/05.
Spending between provinces for education ranges from the lowest rate in Gauteng at 96,3 per cent and Mpumalanga at 97,0 per cent to the highest in Limpopo and KwaZulu-Natal at 102,9 per cent and 101,5 per cent, respectively.
Spending on goods and services (mostly learner support material) in education is recorded at 98,8 per cent of the R7 248 million adjusted budget which comprises approximately 10,0 per cent of total provincial education budget. It is a national priority to increase both the level and share of this item.
The bulk of education expenditure is on personnel (80,8 per cent), amounting to 99,9 per cent or almost R58,2 billion of the adjusted education personnel budgets of R58,3 billion. It appears that adequate provision was made for pay progression and incentives targeted at school-based educators in provincial education budgets. Spending between provinces ranges from the lowest in Gauteng and Free State at 96,2 per cent and 97,1 per cent to the highest in Limpopo and North West at 106,5 per cent and 100,5 per cent respectively.
Education capital expenditure is lower at 83,0 per cent or R2,8 billion of the R3,4 billion adjusted budget. However, this is significantly higher by 18,5 per cent or R436,7 million than the audited spending on capital over the same period last year. Capital spending for education between provinces ranges from the lowest in Mpumalanga at 52,3 per cent and Free State at 74,7 per cent to the highest in Northern Cape at 103,3 per cent and North West at 97,0 per cent.
Health adjusted budgets totalling R47,2 billion comprise 21,5 per cent of the total provincial adjusted budget. Table 6 indicates that health expenditure is at 99,5 per cent or R46,9 billion of the total health adjusted budget, representing an increase of 16,6 per cent or R6,7 billion compared to the audited spending of the previous financial year.
Limpopo and Eastern Cape have spent the lowest share of their adjusted health budgets at 94,0 per cent and 98,3 per cent respectively. The highest shares are recorded in Northern Cape at 105,8 per cent and Gauteng at 101,3 per cent respectively.
Table 7 indicates that health personnel expenditure is R25,4 billion or 99,4 per cent of the adjusted health personnel budget, an increase of R2,0 billion or 8,5 per cent compared to the audited R23,4 billion spent in 2004/05. Four provinces (Eastern Cape, Free State, Mpumalanga and North West) recorded overspending in health personnel budgets while the remaining five provinces recorded a total saving of R343,3 million with Gauteng and Western Cape the largest at R177,3 million and R136,4 million respectively.
Spending on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure is recorded at 101,3 per cent or R17,7 billion of the R17,5 billion adjusted budget, an increase of 23,6 per cent or R3,4 billion compared to the audited R14,4 billion spent in 2004/05. Like education, the level and share of this allocation is regarded as critical for better health outcomes.
Capital expenditure in the health sector is slightly lower at 92,4 per cent or R3,8 billion. However, this is significantly higher by 53,0 per cent or R1,3 billion more than the R2,5 billion spent for the same period last year (table 8). Between provinces, the lowest rate of spending is in Northern Cape at 75,5 per cent and Limpopo at 77,5 per cent with Gauteng and Western Cape recording the highest rate of spending at 114,4 per cent and 97,3 per cent respectively.
Social development adjusted budgets of R60,0 billion comprise 27,4 per cent of total provincial adjusted budgets.
Provincial social development expenditure for the 2005/06 financial year is recorded at 96,7 per cent or R58,0 billion of the R60,0 billion adjusted budgets. This represents an increase of 13,8 per cent or R7,0 billion above the audited R51,0 billion spent last year.
Table 9 further indicates that, in aggregate, provincial social development departments underspent on their 2005/06 adjusted budgets by approximately R2,0 billion. All provinces recorded an underspending with Free State and Gauteng reflecting the largest at R464,2 million and R424,1 million respectively.
Among provinces, there are varying degrees of year-on-year growth in spending with Mpumalanga spending 19,5 per cent and Limpopo spending 16,0 per cent more while Free State and Eastern Cape reflect the lowest increases of 11,4 per cent and 11,6 per cent respectively.
Table 10 indicates that provinces spent 97,1 per cent or R53,8 billion of the R55,4 billion adjusted budget on Programme 2: Social Assistance. This has resulted in an underspending of R1,6 billion with none of the nine provinces reporting an overspending. The largest underspending is recorded in Free State and Gauteng at R417,7 million and R381,2 million respectively. The spending trend is very similar to that of provincial social development spending as programme 2 accounts for 92,7 per cent of total social development expenditure and 25,0 per cent of total provincial expenditure.
Table 11 reflects social grants beneficiary numbers by type of grant and by province over the twelve month period ending March 2006. There is a steady average monthly growth in beneficiary numbers of 1,9 per cent over the twelve month period rising from 8,8 million in April 2005 to 10,9 million in March 2006.
The bulk of beneficiaries as at end of March 2006 are for the Child Support Grant (7,0 million) and Old Age Grant (2,1 million) which includes Grant-in-aid. Beneficiaries of the Child Support Grant have the highest monthly average growth of 2,9 per cent.
Between provinces, KwaZulu-Natal and Eastern Cape have the highest number of recorded beneficiaries at approximately 2,5 million and 2,1 million beneficiaries respectively followed by Limpopo at 1,6 million.
June 2005 through March 2006. As a result, Mpumalanga reflects the highest average monthly growth of 11,0 per cent over the twelve month period, however, it is hugely influenced by the large increase in May 2005.
Table 12 reflects social grant payments by type of grant and by province over the twelve month period ending March 2006.
March 2006. This declining trend in social grant payments is the result of a decline of social grant payments from December 2005 to March 2006.
Provinces have spent 94,0 per cent or R13,1 billion of their almost R14,0 billion adjusted capital budgets ("payment for capital assets"). This is significantly higher by 26,8 per cent or R2,8 billion more than the audited R10,4 billion spent over the same period last year. However, provinces in aggregate underspent by R844,1 million with only Gauteng overspending by R337,2 million by the end of the 2005/06 financial year.
Table 13 provides total capital spending information by province, which indicates significantly low rates of spending in North West at 82,3 per cent and Mpumalanga at 82,6 per cent to the highest in Gauteng at 116,2 per cent and Western Cape at 95,9 per cent. In absolute terms, KwaZulu-Natal has spent the most at R3,4 billion followed by Gauteng and Eastern Cape at R2,4 billion and R1,5 billion respectively. It should be noted that the Integrated Housing and Human Settlement Development grant (formally the housing subsidy grant) is now classified under transfers and subsidies, and not capital.
The biggest adjusted capital budgets in provinces are in public works, roads and transport departments at 34,3 per cent or R4,8 billion of the total provincial capital adjusted budget of R14,0 billion. Spending for these departments is relatively higher than in other sectors at 106,4 per cent or R5,1 billion which is higher by 12,3 per cent or R560,1 million more than the audited R4,5 billion spent last year over the same period.
Between provinces, the lowest rate of spending is recorded in Free State at 77,0 per cent and Limpopo at 88,8 per cent, whilst Gauteng and KwaZulu-Natal recorded the highest rates of spending at 185,7 per cent and 105,4 per cent, respectively. The high spending rate against adjusted budget in Gauteng may be due to public works capital expenditure including some health and education capital spending or due to economic misclassification.
Table 15 indicates that provinces spent 102,9 per cent or almost R5,0 billion of their R4,8 billion housing conditional grant. These spending figures are a significant improvement compared to last year with audited spending increasing by 14,9 per cent or R646,0 million from R4,3 billion spent over the same period last year.
2005 Act No.
Table 16 reflects spending on 2005/06 conditional grant allocations as at 31 March 2006 for all provinces. It excludes conditional grants roll-overs from the 2004/05 financial year and spending on general purpose conditional grants (Schedule 4 grants) like National Tertiary Services, Hospital Professions Training and Development, and the Provincial Infrastructure grants, as reporting against these grants cannot be separated from the province's health and capital budgets.
Spending on the Comprehensive Agricultural Support Programme and Integrated Social Development Services Grant (also Schedule 4) is subsumed in a range of programmes across provincial departments and therefore no separate reporting is required in terms of the Division of Revenue Act, 2005 (Act No. 1 of 2005).
The total conditional grant allocation for all grants (including additional allocations published in the Government Gazette of 7 December 2005) is R75,1 billion (excluding provincial roll-overs) with social development making up the bulk with R55,9 billion.
Against the total allocation of R63,5 billion, which excludes provincial roll-overs and Schedule 4 grants, the rate of conditional grants spending amounts to 98,0 per cent or R63,2 billion.
Specific grants that show low rates of spending include Forensic Pathology Services (14,9 per cent), Disaster Relief (83,8 per cent) and Hospital Revitalisation (84,2 per cent). This is to be expected due to the late introduction of some of these grants during the 2005 Adjusted Estimates.
Land Affairs 8 000 - 8 000 8 000 1.
National Treasury 3 730 773 - 3 730 773 2 984 113 1.
Provincial roll-overs, as submitted by provinces in their In-Year Management, Monitoring and Reporting Model, amount to R1,4 billion which includes roll-overs for Integrated Housing and Human Settlement Development of R393,7 million, Provincial Infrastructure of R199,0 million, Social Assistance Transfers grant of R138,0 million, Hospital Revitalisation of R126,9 million and National School Nutrition Programme of R113,2 million amongst others, which are excluded from the table, but were available for spending during the 2005/06 financial year. If the provincial roll-overs, which are at the disposal of provinces, are taken into consideration, the rate at which conditional grants are being spent changes from 98,0 per cent to 94,4 per cent which also includes spending, in aggregate, on Schedule 4 grants.
Table 17 indicates that provinces have significantly improved their rates of conditional grant spending, excluding the Schedule 4 conditional grants, with only one grant i.e. Hospital Revitalisation grant having five or more provinces spending less than 90,0 per cent of their grant budget. The majority of grants fall over the 95,0 per cent spending range with the only a few between the 90,0 per cent and 95,0 per cent spending range. On the face of it, these spending trends exhibit a marked improvement in conditional grant spending as compared to previous financial years.
Percentages represent actual expenditure of main budget as published in the Division or Revenue Act, 2005 (Act No.1 of 2005) and the Adjusted Estimates Gazette dated 07 December 2005 but excludes provincial roll-overs.
Personnel expenditure ("compensation of employees") is at 99,0 per cent or R95,7 billion of the R96,7 billion adjusted personnel budgets (table 18). Spending to date is 8,9 per cent or R7,8 billion higher than the audited R87,9 billion spent last year. Gauteng and Western Cape recorded the lowest rates of personnel spending at 96,1 per cent and 96,3 per cent respectively while Limpopo, North West and Mpumalanga recorded the highest rates at 103,4 per cent, 99,9 per cent and 99,6 per cent respectively.
Provincial Revenue includes budgeted equitable share allocations of R134,7 billion, conditional grants of R75,1 billion and own revenue of R6,1 billion (post adjustments).
National government transferred all of the R134,7 billion of the equitable share, and 97,7 per cent or R73,4 billion in conditional grants, to provinces by the end of March 2006.
Preliminary outcomes suggest that provinces have collected 119,7 per cent or R7,2 billion of their adjusted own revenue budget of R6,1 billion.
The total provincial revenue received and collected to date is recorded at 99,7 per cent or R215,3 billion of total adjusted revenue budget of R215,9 billion.
Table 19 indicates that the R6,1 billion adjusted budget amount is almost identical to the audited R6,2 billion own revenue collection for the entire 2004/05 financial year. The R7,2 billion collected to date is 16,1 per cent or R1,0 billion more than own revenue collected for the previous financial year. The collection rate varies from 98,4 per cent in Northern Cape and 107,3 per cent in KwaZulu-Natal, to a high of 148,7 per cent in Eastern Cape and 128,7 per cent in Mpumalanga. This is not necessarily as a result of efficiencies in the own revenue collection process but rather a result of lower revenue forecasts.
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Dear Friends Thank you for joining us here in this special centenary celebration of Satyagraha and the commemoration of that great individual, Mahatma Gandhi, whose life and contribution was shaped by his own experiences in this part of the world. Moreover, we need to remind ourselves that we are celebrating his life and contribution over this very special weekend which affords a time for celebration and reflection about ourselves. Lest we forget, this extended weekend started with the celebration of our nationhood and it will end on Mayday, in recognition of the contribution of workers to what we are.
The concept of nationhood, is as important now as it was in the life and struggles of Mahatma Gandhi. He said, "nations are born out of travail and suffering." Against this criterion, we as South Africans, have certainly earned our right to nationhood. Our nationhood and our freedom was not handed on a plate, nor did it occur only in recognition of the fact that we live together in one geographic space. Our nationhood was born of struggle and suffering. Our nationhood was earned. Our nationhood must therefore be cherished and handed down with full appreciation from generation to generation.
Nationhood is not an event. Its form and shape cannot be predetermined. Nationhood is an active building process.
Nkosi Sikele' iAfrika. Morena boloka setjhaba sa heso.
The "we" who desire all of these good things can surely not be merely government as the elected representatives of the people.
includes all of us. We must all then commit to working for that quality of nationhood that the Constitution speaks of. We have to act for what is right and we have to act against what is wrong.
So, when we observe crime around us, and we fail to act, we are not contributing to the building of a nation. So, when we observe wrongs in the community, like those who wage chemical warfare against our youth - we must act, because that is what we committed to do when we adopted the Constitution. When we observe the abuse of the rights of any of us, we must act, because that is what we committed to do when we adopted our Constitution. When we see activities that deny the potential of any of us, we must act. When we observe blatant criminality exercised against the vulnerable, we must act. If we wish to live out the spirit of the Constitution, which is the same as the spirit of Gandhijee, then we will soon find out that it is better to prevent bad acts, by building strong communities.
If we want to build, then we need to strengthen our own integrity.
Politics without principle.
These "Seven Social Sins" are the words engraved on the tomb of Mahatma Gandhi, just outside of Delhi. These are the words that we should remember him by. These words must live on in each of us, as these words will define the quality of service we are each prepared to render.
The building of a caring democracy depends on the contribution of each one of us. Let us work to make a difference.
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The Prevailing Interest Rates are applicable from the first day of the month (1st May 2006) until the last day of the month (31st May 2006).
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The National Treasury wishes to announce the launch of the Special Pensions awareness campaign. The aim of the campaign is to inform potential beneficiaries of amendments to the Special pensions Act and to reach people who have not yet applied.
The fight for a democratic South Africa led to many people sacrificing their lives, livelihoods and families. The Special Pensions Act was enacted in 1996 in order to address the plight of those who had made these sacrifices, and in the process lost an opportunity to provide for their livelihood while in the pursuit of freedom and a just society.
On 27 April the country commemorated 12 years of freedom, and will on Monday, 8 May celebrate ten years of the constitution of the Republic. In the same celebratory and commemoratory spirit the National Treasury's Special Pensions office therefore wishes to invite potential beneficiaries who have not yet applied for a special pension to do so.
Following amendments made by Parliament to the Special Pensions Act the National Treasury will embark on a comprehensive awareness campaign in order to communicate the amendments and the closing date for applications, which is 31 December 2006.
The amendments make provision for surviving spouses or orphans of pensioners to receive a monthly pension in addition to the lump sum payment previously received. The amended Act further provides for a funeral benefit to be paid to the families of deceased pensioners, or the deceased spouses and children of pensioners who benefit from the Special Pensions Act.
The awareness campaign will give further details around the application process, the qualification criteria for people who are eligible for a special pension and will also encourage potential beneficiaries to apply before the closing date. Individuals whose applications had been rejected in the past by both the Special Pensions Board and Review Board may apply for a reconsideration provided that they are able to present material facts that were not considered by the Boards and that may have resulted in a different decision.
For more information potential beneficiaries are encouraged to contact the client services number toll free on 080 7723 646.
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The Minister of Finance, Mr Trevor A Manuel, MP, together with the Free State Provincial Treasury MEC Mr Pule H I Makgoe will be addressing high school learners from various schools in Free State province in an interactive session about the 2006 National and Provincial budgets. The forum will highlight how policy options are exercised and funded. This will also assist the learners to understand how the budget process works and might also encourage them to study in the various economic disciplines. Learners will be afforded an opportunity to put questions to the Minister and the MEC.
For more details please contact Lindani Mbunyuza on 083 327 9987 or Sello Malibeli on 082 453 1906.
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Mr Trevor A.
Our deliberations here are about the responsibilities we have as decision makers. This is the most fundamental reason that brings us together. If we look at previous decisions about issues like the MDGs, it is essential that we review what we have done to improve the quality of life of our people and identify the challenges that remain.
Last year's discussion was about Africa's resource needs including what we could do together to write off debts to create fiscal space. Now it is time to get down to the business of addressing how we use the fiscal space in order to stimulate growth and development on our continent. We not only need to make more resources available for social expenditure, but also for economic infrastructure to ensure that we stimulate growth and development in all our countries.
In our endeavours to attain the MDGs, we must ensure that space is created for the productive sector. We need to correct the balance between the social and productive sectors, so that we also build for the future by investing for a higher growth path. Together with our development partners, we have tended to tilt only towards the social side of the responsibility. The result is that our infrastructure investment levels are far too low to support the magnitude and character of growth and development that our continent needs. In correcting these imbalances by scaling up investment in infrastructure, we must take responsibility for driving our own development trajectories and ensuring that our development partners reciprocate by aligning their support to our development imperatives.
We also know, friends, that investment in infrastructure is pro-poor and improves Africa's prospects for long-term growth and development. Infrastructure is an area of regional collective regional interest - indeed, getting to Ouagadougou presented a challenge to those of us who had to travel between two African cities. Many of us had to fly via Europe to get here from our home city. Clearly, if we are to build an economically and socially integrated continent, we need to spend much more on economic infrastructure to link different parts of our continent.
Where do we begin The first step is to ensure that we effectively use the fiscal space we have created to correct the balance between social and productive expenditure in our budgetary allocations. We also need to monitor the impact of changed expenditure patterns from an ex-ante policy perspective, to ensure that we are making the optimal allocations between social and economic infrastructure. In addition to ensuring the adequacy of budgets, there is also a need to win political consensus for budgets and to be very sure that the money has been spent as we intended and has achieved the outcomes we desired when planning the budget?
We can facilitate such planning and accountability for both our people and donors, by embarking on simple budget reforms like better planning, more transparency, opportunities for greater participation, multi-year budgets, better governance and effective accountability for spending. Part of our pleading is to ask donors to trust the quality of governance to ensure that they support the gap in budgets, rather than a myriad of projects dreamed up by officials in the capitals of the donor countries.
Some of these reforms are relatively easy, and we have succeeded in the past few years through Monterrey, Paris, Gleneagles and a series of G7 meetings, to raise the profile of our continent and achieve the fiscal space required. We have also progressively strengthened support for our economic and social imperatives from our development partners. Now we must grasp the opportunities created by these favourable developments to squarely address the challenges associated with lifting the continent onto a higher growth and development path.
We need to move forward by building on the significantly improved political and economic circumstances we find ourselves in. As the latest statistics illustrate, the higher growth of 5 per cent in 2005 and projections of 5,8 per cent this year, masks the fact that growth in non-oil exporting African countries is significantly lower.
It is essential that we develop clear growth and development strategy country by country on our continent, and focus on the binding constraints that prevent us from growing faster. The dependency of many of our countries on primary commodity exports, frequently marked by single commodity exports in an environment of huge oscillations in commodity prices severely constrains our growth prospects. Measures to drive the diversification of our economies must be the centrepiece of our national growth policies. The two key constraints to diversifying our economies are inadequate economic infrastructure and the slow pace of regional integration.
It is common cause that the enormous backlog of investment in infrastructure is a primary constraint to service delivery, to attaining the MDGs, and to increasing investment in Africa.
Almost every Investment Climate Assessment conducted in Africa by the World Bank, by UNCTAD, by the World Economic Forum and other research institutions over the last 5 years identifies poor infrastructure as the primary constraint on expansion and the key variable informing negative investor perceptions. This is the issue that President Kaberuka referred to earlier in relation to the investment climate. This is why colonial trade patterns have persisted in many of our countries for many decades after liberation. They typical investment pattern has been finding a mineral, digging a hole, getting it out of the ground and exporting it to the North. The top item on our list, must therefore be the decolonisation of Africa, the current patterns of trade and investment holds back development.
Africa's share of world FDI inflows is relatively small at 3 per cent, and is restricted to minerals including oil, gold, diamonds, platinum and copper. We should therefore embrace the initiatives of the Investment Climate Facility as a measure to support our domestic endeavours to improve investment flows to our continent. Our agenda for participation in world trade will flounder unless we focus on first things first: increasing trade amongst ourselves is the imperative. Intra-African trade will be boosted by regional integration and the implementation of infrastructure to link our countries.
We all recognise inadequate infrastructure is a core constraint. We have recognised the imperative of increasing investment in infrastructure by placing it right at the centre of our NEPAD strategy. Indeed, we will be reflecting on progress made with implementation of the NEPAD Short Term Action Plan by our own institution, the ADB, in our review of progress later this week.
There is substantial agreement - and distinguished Prime Minister of Burkina Faso raised this again this morning - that regional infrastructure in the form of power pools, road corridors and communications networks are critical to the support of growth and competitiveness, in achieving economies of scale and in reducing costs.
Improved Infrastructure not only improves the living conditions of the poor, but also reduces the costs of business, and further encourages business to invest in productive assets. It enlarges markets. It is not surprising that the poor of Africa perceive the isolation associated with the lack of infrastructure to be the cause of their poverty and marginalisation. Too far from markets, too far from arable land, too far from hospitals and clinics.
The responsibility for ensuring the rapid expansion of infrastructure lies squarely with the state: the government budget will continue to be the main driver of infrastructure development. The domestic public sector remains the dominant source of finance for infrastructure all over the developing world. It accounts for 70 percent of current spending on infrastructure, with the private sector accounting for somewhere between 20 and 25 percent1, and ODA for 5 to10 percent. But that's a global statistic; in Africa private investment in infrastructure is a fraction of this developing country average.
The critical question that remains is: how much do we need to spend?
The World Bank has estimated infrastructure investment needs in Africa to be approximately 5 percent of GDP per year, plus a further 4 percent for operation and maintenance, totalling 9 percent.
2.5 percent with private investment only 0.3 percent. That's a huge gap and that gap is widening as technology moves ahead across the world in leaps and bounds.
This afternoon we are going to tackle these issues in detail assessing how to get the policy framework right, and meeting the investment needs.
Investment in Infrastructure poses particular challenges. Projects tend to be large and expensive. They also require maintenance to ensure continued effectiveness.
Given the small size of our domestic markets, our development prospects are greatly enhanced if we facilitate trade across national boundaries, create integrated energy markets, support regional water resources management and develop the private sector so that they can also then invest in regional infrastructure.
But lest we forget, it is the nurturing of human capability that we must focus on: teams of engineers, project managers, technicians and artisans, together with effective governments are the real drivers of infrastructure development.
The poor and often non-existent linkages between African countries poses a constraint to growth. Apart from the difficulty of travelling between African countries, why is it that we find it easier to trade with Europe, Asia or America rather than to trade with our own brothers and sisters on the continent While we can point to reasons like poor regional infrastructure, or slow progress on the DOHA round, we need to also look at the self-imposed barriers that prevent trade and other economic linkages. Many of these barriers are regulatory constraints that we have the power to remove?
The key constraints that require urgent redress are some of those mentioned by President Kaberuka earlier and include: restrictions on travel, including visa requirements; bureaucratic controls that inhibit participation by non-citizens; and the lack of harmonisation in frameworks for investment, taxation and tariff regimes, particularly as they affect foreign investors.
The key point is that we can and must seek agreement on these issues, and develop and implement policies that will integrate our economies in a way that enhances our growth and development prospects.
In conclusion, we need to commit ourselves to budget more resources for economic infrastructure. We need to do this through a more transparent and accountable budgeting framework, where we make the tough choices for a more optimal balance between social and economic expenditure. The battle is to persuade our development partners that investment in infrastructure is investment in change and in the human condition.
We also need to make more progress in developing regional policies that promote trade and co-operation, starting with lower tariffs and removing constraints to inter-regional investment.
More importantly, we have to develop plans to implement these policies. It is easy to devote resources to infrastructure, but much more difficult to plan and spend such funds effectively so that we achieve the desired outcomes.
Firstly, how do we mobilise Development Finance Institutions like ADB and WB to address the capacity constraints associated with the implementation of infrastructure projects in order to eliminate the lag between approvals and disbursements?
Secondly, how can we assist our development partners to improve coordination and reduce the administrative burden associated with project implementation In this regard we look forward to hearing more about how the Africa Infrastructure Consortium at the ADB will improve donor harmonization and co-financing for infrastructure programs?
Thirdly, how do we enable investors and financiers to have more confidence in our ability to provide a stable long term investment environment?
And then you might ask what the limits to change might be I saw a recent television programme on Dubai, which showed how this city in desert has highest water usage in world. The government has built capacity for the desalination of water and has built infrastructure that will be sustained long after the country's oil resources are depleted. They have shifted the limits. What are the limits to change for our continent?
If we as policy makers are serious about uplifting the poor and sustaining our ability to do so, there is no time to waste in identifying what we must do to get the policy framework right and ensure effective implementation. There are no limits.
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The key challenge facing us in Africa is to take bold steps to ensure that we get back on track to meet the Millennium Development goals and alleviate poverty. It is critical that we ensure that the current growth path of more than 5 per cent is sustained over the next few years, and that this growth also be attained by non oil exporting countries. The key question that confronts us is: what new policy and implementation measures do we need to achieve this objective?
Three specific measures are essential. Firstly, effective use of the fiscal space created by the MDRI, through better budgeting, planning and execution of our budgets. Secondly, to increase our infrastructure spending, particularly on economic infrastructure. Thirdly, to facilitate greater regional economic integration, starting with the removal of high tariffs and other barriers to trade and investment between African countries.
We have managed to create a real momentum over the last two years with the recommendations of the Commission for Africa Report, the Paris Declaration on Aid Effectiveness, the announcement of the Multilateral Debt Relief Initiative and the G8's pledge to double aid to Africa by 2010. The challenge now confronting us is to ensure that such initiatives are fully implemented.
The Bank has begun to do so, and we applaud its efforts in seeking to finalise the MDRI. By mid-April 2006, indicative pledges on financing commitments received from donors have exceeded their required levels.
Actual delivery of debt relief to the beneficiaries will begin as soon as the effectiveness triggers are met through the deposit of Instruments of Commitment by donors to match their indicative commitments.
South Africa is disappointed to note IDA's decision to roll back the cut off date for MDRI debt relief from December 2004 to December 2003, diminishing the impact of the MDRI. We are grateful for the firm leadership shown by the President Kaberuka who stood his ground on this matter. As a result, the cut of date for ADF remains December 2004, and we look forward to the Bank's report on the implementation modalities of the MDRI during these meetings. We encourage all donors to stick to their commitments, and to ensure that all ODA is truly additional, predictable and sustainable.
To demonstrate our own commitment, South Africa has responded to the ADB and World Bank's appeal for binding commitments to the financing of the MDRI. On the 30th of March 2006 South Africa made a single upfront payment to ADF of its donor share to the MDRI for the full 40 year period, and is similarly finalising its full upfront payment to IDA.
As Finance Ministers on the continent that is the furthest away from meeting the MDGs, we must maintain our vigilance in ensuring that our global partners discharge their commitments to us. We must also demonstrate the boldness of our vision and the quality of our planning and our resolute determination to see the effective use of these resources.
The second requirement for the continent to shift to a higher and more labour-absorbing growth path is increased expenditure on infrastructure. We explored this issue in some detail yesterday and I believe that we have grappled with the key implementation issues. We must now proceed with implementation and monitor the impact of higher expenditure on infrastructure. I know that the ADB stands ready to deliver.
Another essential requirement to achieve a higher continental growth path is that we make progress with regional integration. The poor and often non-existent linkages between African countries poses a constraint to the continent's growth. It is worth repeating that the starting point to easing this constraint is the removal of self-imposed barriers that prevent trade and other economic linkages, which we have the power to remove.
We are not alone. We stand together here every year and benefit from sharing our experiences. We take this home with us and try harder, inspired and invigorated by our engagement.
The realisation of our shared vision of a continent that is developing rapidly, sustainably and equitably is supported by the reforms currently being implemented by the ADB's new leadership. The commitment of the Bank's new President, Donald Kaberuka, to substantially enhance its operational efficiency, will greatly enhance our ability to accelerate the continent's growth. If President Kaberuka is to effectively enhance the ADB's ability to support our developmental aspirations, he requires the support of all its Governors. I want to assure him of South Africa's continued and sustained support for the hard work that lies ahead.
Colleagues, the developmental challenges confronting us as Finance Ministers are formidable.
These challenge must be seen against the positive conditions that have been created - both on our continent and in the global economy - to enhance growth and alleviate poverty.
The conditions for lifting our development trajectory to a substantially higher level have never been better.
I remain optimistic that we are equal to this challenge.
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Madam Speaker, the last few weeks have seen heightened volatility in international financial markets and renewed concern about the size and sustainability of global growth and trade imbalances. And in hosting the World Economic Forum here last week, we have been reminded of shared international interests and mutual concerns: the global environmental challenges, management of trade and financial stability, the economics of debt and aid, the gap between rich and poor, the management of conflict and the politics of multilateral cooperation. Particularly welcome, I believe, is the opportunity to work with other governments and global business leaders in addressing barriers to accelerated investment and creating a climate for improved growth, employment creation and poverty reduction across the African continent.
In South Africa, we are similarly challenged by the complexity of bringing together our first and second economies, formal and informal activities, urban and rural neighbourhoods, inner city, suburb and township, wealthy and poor. Different aspects of these challenges are the responsibilities of the various organisations under the oversight of the Ministry of Finance. This is partly about building stronger institutions, it is about the social and economic linkages between increasingly integrated and inter-dependent communities, it is about measuring performance and progress against agreed objectives and targets.
These are the challenges we face together, whether the task is bringing small businesses and taxi operators into the revenue system, or measuring changes in income and living standards of households, or planning social and development spending programmes, or reviewing the structure and evolution of our financial institutions.
The South African economy is experiencing its longest economic expansion to date. The economy has now been growing for over six years. Years of concerted macroeconomic reform are yielding the desired benefits. A combination of high business and consumer confidence, low inflation and historically low nominal interest rates, has underpinned the current growth. Our growth, however, has been unbalanced. Expenditure has grown faster than domestic production thus leading to a current account deficit; the demand for skills has not been matched by supply; disadvantaged communities have remained marginalised from the mainstream of economic activity.
As I pointed at the time of the Budget in February, the global environment remains uncertain.
The 2006/07 fiscal year has begun inauspiciously, with sharp fluctuations in capital flows and consequential volatility in emerging market and developing country currencies, including a significant sell-off in rand-denominated assets. The rand has fallen to a lower level - around R6.50 to the dollar. However, sharper declines were experienced by Indonesia, Hungary, New Zealand, Iceland, and many other countries.
These fluctuations underscore the point that the world we live in holds few assurances. The interplay of markets, national regulations and international conventions help to shape the forces of globalisation. In the short term, national economies rely on their own safeguards - policy credibility, reserves, fiscal and monetary positions, the depth of their markets, and recourse to multilateral institutions (the IMF and World Bank) - to weather international financial contagion.
Over the medium-term, we can influence the international conventions and market regulations and the multilateral institutions in ways that benefit South Africa. We can help to build the regional and farther-flung economic ties and relationships that create deeper and wider markets that are more resilient to contagion. Most importantly, we can develop appropriate policies, regulatory structures and institutions, and help to build human capital for our domestic economy. Getting our policies right means that more rapid growth in investment, productivity and employment creation can lead to higher income and greater resources to withstand economic shocks.
Our policy challenge is partly about adapting to global imbalances that seem likely to persist for a considerable length of time.
It is apparent that by virtue of its relative size and role in the international financial system the US economy is able to maintain a large gap between its investment and saving, financed by capital inflows from the rest of the world.
A range of factors lie behind this structural feature of the world economy. One is that for many economies, including much of Europe and Asia, growth is fuelled by exports to the US, which results in current account surpluses and flows of capital back into dollars, in turn financing consumption in the US.
A gradual adjustment path out of this situation would require an increase in demand in the rest of the world and a decrease in US demand, associated with a significant depreciation of the dollar and a long-term correction of the large negative US debt position and its current account deficit.
The alternative to gradual, policy-induced adjustment is the build-up of the present unsustainable imbalances which carries the risk of an eventual "sudden stop" correction and slower growth across all economies.
The flow of capital into the US economy over the years has also contributed to low interest rates throughout the global financial system. Risk premia on emerging market assets and interest rates in emerging capital markets are low by historical standards. This means that there is little room for easing monetary policy in the event of a crisis, and that the build-up of credit to relatively unprofitable activities and to finance consumption may prove unsustainable.
But thus far, global growth has remained strong, and the pattern of growth - particularly the continued buoyancy of commodity prices - has been broadly favourable for the South African economy.
We need to be concerned, however, about two aspects of the current trajectory of South African growth. One is the exceptionally fast pace of credit expansion in the economy - including both household credit to finance consumption and rising debt levels of nonfinancial businesses. The second is that despite higher export prices, our overall mining production has been sluggish, and investment in new output capacity remains disappointing.
Madam Speaker, let me draw attention briefly to several international aspects of our work in the Ministry of Finance, before turning to the policy implications of the current global environment.
The challenges of growth and development continue to be a central focus of our participation in multilateral initiatives. Forums in which we play an active part include the Southern African Development Community, NEPAD and the Growth Commission initiated by the World Bank. Strengthening Africa's representation in the International Monetary Fund, reinforcing the capacity of the African Development Bank and further work on debt reduction and improving the coordination of aid and development finance internationally are key priorities.
Statistician-General Pali Lehohla and Statistics South Africa are working with other countries through the Economic Commission for Africa to improve the calibration and measurement of social and economic trends across the continent.
Commissioner Gordhan leads the World Customs Forum, and our Revenue Service increasingly is involved in initiatives to strengthen tax collection capacity in other countries and to improve coordination between revenue authorities worldwide.
Through the Collaborative African Budget Reform Initiative, amongst other forums, we play a supportive role in improving budget systems and public finance management in our continent.
The South African presidency of the Financial Action Task Force (the international standards-setting body for anti-money laundering and terrorist financing) comes to an end this month, a task assigned by Cabinet to Prof Asmal. Under his exacting stewardship, a process has been initiated to raise the profile of a perspective from the "South" - issues related to illicit financial flows that matter to poor and developing countries.
Next year, South Africa will host the annual conference of the International Corporate Governance Network.
We will also host the G20 Finance Ministers and Central Bank Governors in 2007, providing a special opportunity to address pressing issues of mutual interest to developed and developing nations.
Madam Speaker, the potential for a sharp unwinding of the global imbalances and decline in commodity prices reminds us that in all financial crises the poor suffer most because there are few economic insurance mechanisms in place to help them with the income losses they experience.
With this in mind, our policies are partly aimed at reducing vulnerability to the more uncertain global environment and addressing the domestic imbalances created by the commodity price cycle.
An important element in this policy stance has been the Reserve Bank's programme of foreign exchange accumulation, bringing the gross reserve position to over US$23 billion. This precautionary strengthening of the nation's reserves reduces our vulnerability to financial uncertainty, taking into account the instability and unpredictability of portfolio capital flows and currency movements.
The fiscal policy response to high commodity prices and associated revenue flows is also important to consider. Commodity producing countries are obliged to use windfall gains from high prices to build budget surpluses, which can then be wound down over time to finance social and economic infrastructure and provide fiscal space for countercyclical demand management when prices fall.
The current fiscal environment in South Africa is one of exceptional buoyancy. Real growth in government expenditure after debt costs has averaged some 9 per cent a year over the past three years, and will rise by a further 8 per cent in 2006/07, averaging over 6 per cent over the MTEF period. However, we have seen a rise in underspending in some areas of public service delivery and infrastructure investment, signalling the need to address capacity constraints alongside continued budget increases.
A greater focus on ensuring that expenditure takes place according to plan is part of our current response to favourable fiscal circumstances, and reprioritisation must continue to direct resources to their most effective uses. The Treasury's fiscal policy and budget planning work is aimed at sustaining and enhancing long-term growth and development, and broadening participation in social and economic opportunities.
But this work, Madam Speaker, relies critically on better measurement and better information.
This is the central mandate and responsibility of Statistics South Africa.
To build human capacity.
Statistics South Africa has set itself several strategic targets for the MTEF period ahead.
A primary focus area - recognising that statistics are neither perfect nor complete - is to maintain and restore trust in official statistics through improving the measurement of key indicators of economic performance, trends in prices, employment and job creation, life circumstances and service delivery and demographic and population dynamics.
Secondly, efforts will continue to be focused on building and strengthening our statistical infrastructure which forms the architecture on which all surveys are designed and conducted. Key initiatives include the development of an integrated business register, and compilation of a physical dwelling frame or address register.
Thirdly, it is important to create a professional organisation capable of meeting the increasingly complex challenges of statistics collection and analysis. Over the period ahead, we will see the establishment of an internship programme, initiation of a statistical training institute and embedding the international learning programme throughout the organisation.
We have also agreed on three key projects to be delivered during 2006/07.
The first is a major Community Survey, to be conducted in place of the population census that was scheduled to take place in 2006. It will provide information at lower geographical levels than existing household based surveys, and will also contribute to building capacity ahead of the planned 2011 full population census.
The Community Survey will be conducted in February 2007 and will collect information from approximately 280 000 households over a period of six weeks. The results will be presented in November 2007. Approximately 20 000 fieldworkers will be employed, and the survey will provide information across several key social and demographic indicators aimed at measuring our progress towards the achievement of the Millennium Development Goals.
The data processing phase for piloting this survey is complete and the data quality assurance (QA) and editing work was completed at the end of May. Internal tabulation and analysis is underway and the two processes are planned to be completed by the end of June. A complete system debriefing will then be undertaken in August to inform the main survey in 2007.
The Community Survey will cost R 370 million in 2006/07 and R 102 million in the 2007/08 financial year.
The second major project this year is re-engineering the labour force survey.
This will provide more robust measurement of the dynamics of South Africa's labour market, the survey will be conducted quarterly instead of every four months, with results released after four weeks, and the content will be focused on critical labour market trends, in line with international practice. Research, design and development work will proceed over the year ahead, and the new quarterly survey will be launched in January 2008.
Thirdly, Stats SA is conducting an Income and Expenditure Survey (IES), with a particular focus on the spending patterns of South African households. Officially launched in September 2005, the IES is a 12 month survey of 24 000 randomly selected households from 3000 Primary Sampling Units across the country. Its main purpose is to update the basket of goods and services for the Consumer Price Index, and it will also provide important information on living conditions and poverty. Data collection of the IES will be finalised by September 2006 and processing by February 2007, and the survey will in future be conducted every three years.
Better statistics, Madam Speaker, are a critical resource for government planning and management of service delivery, are a key service to the wider public and community users, and most importantly are central to Parliament's understanding and oversight of our economic and social progress as a nation.
Let me turn to key initiatives of the South African Revenue Service for the period ahead.
Since the announcement of the small business amnesty in the Budget Speech in February 2006, we have concentrated on getting the enabling legal framework in place and, most importantly, engaging with and listening to small business, including the taxi industry, and consulting them on the envisaged legislation.
The consultative process is wide ranging. Over the past few weeks there have been meetings with representatives and leaders of national, provincial and local organisations of small business and the taxi industry. Very constructive meetings have taken place with the SA National Taxi Association and further meetings will take place with the National Taxi Association.
I am pleased with the valuable guidance and feedback we have received. These will be taken into account when we finalise the Bill which the parliament committee is considering at present.
The Revenue Service will ensure that the great need for education, information and assistance that is being requested by small business will be addressed. Much work has already been done in this regard; and will in due course lead to the establishment of localised structures and processes to ensure sustainability and permanence as we move towards real partnerships with small business.
Equally important, Madam Speaker, is the role and influence on our tax system of tax and customs practitioners. The integrity, professionalism and quality of the intermediaries are essential to our drive to create a sustainable culture of compliance in South Africa.
The public seeks their help for tax advice and preparation of returns and many take their guidance from the tax and customs practitioners on what is legally acceptable or not. These tax and customs professionals have a direct impact on taxpayer and trader compliance.
We view them as vital partners in strengthening South Africa's fiscal citizenship. We also believe that we can assist by continuously improving the service we offer and by making every effort to reduce red tape and compliance costs.
I am, therefore, pleased to announce that SARS will be launching a program to provide better accessibility and responsiveness to tax and customs practitioners. In the next few months SARS will engage with representative organisations to better understand their needs and tailor our service to best respond to these needs.
Among the initiatives being considered are: determining the preferred channels; the creation of dedicated access facilities; significantly increasing the number of filings and payments done electronically; and finding collaborative ways of reducing compliance costs.
We invite the representative organisations to join us in raising the integrity and standards of professionals in South Africa.
Throughout this year, we have been engaged in an extraordinary dialogue with taxpayers and practitioners regarding the need for a new, stronger and more effective General Anti-Avoidance Rule. The protection of the tax base is a matter of fundamental fairness. It is also essential element in achieving fiscal independence. The debate has been extensive, vigorous, professional and constructive. There have been important points of agreement on the one hand, and points of disagreement and concern on the other - especially in connection with the unintended impact the new legislation might have upon legitimate or innovative business transactions. We will be releasing revised proposals in the near future for additional comment. The final draft will then be included in the Revenue Laws Amendment Bill that will be introduced in Revenue Laws Amendment Bill that will be introduced in Parliament later this year.
Last year I alluded to the fact that the time was ripe for an overhaul of customs policy to ensure custom's alignment with Government's developmental aims and important international developments. Developments in the World Customs Organisation, the World Trade Organisation and SA's bilateral trade negotiations require a review of Customs policy and capacity. In addition, there are also new dangers facing SA in the form of illegal trafficking of prohibited goods, international crime, smuggling of cigarettes, drugs, counterfeit goods and other commodities, and money laundering.
South Africa's Customs capability must be both modernised and significantly increased if we are to both optimally facilitate trade to exploit trade opportunities unleashed by globalization and ensure better security of the trade supply chain and protection of our economy.
Today I have pleasure in announcing that we will shortly release a Green Paper on Customs Modernisation intended to initiate an inclusive and robust nationwide debate on the future role of customs and a collective commitment to the successful implementation of customs modernization. I also see this as an historic opportunity to forge a strong and sustainable partnership between all stakeholders and Government.
The challenge ahead of us is to ask the question: How best can Customs serve our country's importers and exporters and thereby contribute to economic growth Our new customs policy has to help SA's exporters and importers engage in international trade and help grow our economy with both greater ease and better security?
Madam Speaker, I spoke last year at this time of the challenge we face in strengthening the quality and effectiveness of public service management and delivery, and the importance of Parliament's oversight role in this regard. The Treasury's work on budget reform, monitoring and evaluation and improving financial management is focused on this challenge.
There is still much to be done, but over the past year we have seen considerable progress. Consolidated expenditure reports show that capital spending and infrastructure maintenance have improved markedly, and we are now seeing the fruits of better information flows, both on financial trends and non-financial data on service delivery. Quarterly financial reports and service delivery information published by the Treasury has contributed, for example, to the quality and relevance of public hearings on education, health, social development and other critical provincial functions. The National Council of Provinces should be commended for this initiative, and I am confident that this enhancement of public accountability will play a significant role in encouraging improvements in service delivery in the years ahead.
The Public Service Commission, in its recently published 2006 State of the Public Service Report, correctly notes that we have in place "sound legislation, regulations, systems and procedures," but "what needs to be done now is to undergird the Public Service with the appropriate capacity that is critical to ensuring the alignment of its service delivery and sharpening its effectiveness." This is a theme that challenges all of us - in Parliament, in the executive and in every part of the national, provincial and local tapestry of government agencies and programmes. I would like to highlight just a few of the specific initiatives of the National Treasury focused on this objective over the period ahead.
The Treasury vote includes R15 billion over the next three years in support of provincial infrastructure investment. The House may recall that at the time this grant was introduced, provincial capital expenditure had fallen to just 3 per cent of total provincial expenditure. It has increased to about 10 per cent of provincial budgets now, steadily contributing to better maintenance of schools, clinics, hospitals and provincial roads, in addition to continued investment in housing and municipal infrastructure.
The Treasury plays an active role in capacity building through the Infrastructure Delivery Improvement Programme, which is a targeted technical support initiative focused on critical engineering and contract management skills and systems. In cooperation with the Construction Industry Development Board, a standard toolkit has been developed to assist in project management, diagnostic support is provided to identify bottlenecks and system failures and infrastructure planning and monitoring systems are implemented. Over the past year support has been provided to the nine provincial education departments, contributing to an 18,5 per cent increase in capital spending in 2005/06. The programme is currently being extended to public works and health departments.
Other aspects of infrastructure development will also enjoy sharpened attention over the year ahead. The Public-Private Partnership Unit has stepped up its training programme, with particular attention to developing parallel capacity in provincial treasuries. Systems and procedures for evaluation and appraisal of large infrastructure projects are the focus of a new working committee, also including provincial treasury representatives. This initiative focuses on the quality of information required for major infrastructure project planning and decision-making, within the context of our accelerated economic growth objectives, the need to prepare for hosting the 2010 World Cup and the importance of improving the design and maintenance of transport, communications, energy and water supply networks.
Now that the Municipal Finance Management Act is in place, local government financial reforms and capacity building are under the spotlight. As with the implementation of the Public Finance Management Act in national and provincial departments, the emphasis in the initial years is on building appropriate institutions and capacity, training, guidance and technical support.
The Treasury has published over 20 circulars which give guidance to municipalities on budgeting, accounting systems, procurement and other aspects of financial management - so that municipal councils have suitable instruments at their disposal to hold their executive and management teams to account for the resources and services for which they are responsible.
In relation to capacity and training, work is in progress on a framework of formal qualifications for municipal financial management from entry-level to post-graduate standards. Currently, over 500 graduates are working in over 120 municipalities under the internship programme funded by the Financial Management Grant on the Treasury vote. Allocations of these grants will go to all 283 municipalities over the MTEF period ahead, contributing to meeting specific capacity building needs in each local authority while also supporting a coherent national programme of financial systems development, implementation, training, monitoring and evaluation.
Support for large municipalities through the Restructuring Grant continues over the next three years, and will be concluded in 2008. These allocations will be merged into the local government equitable share in the outer years of the MTEF.
Madam Speaker, I indicated in February that a new allocation in support of local publicprivate partnerships would be phased in this year, financed in part through the proceeds of the exchange control amnesty levy collected over the past three years. An initial call for proposals for the Neighbourhood Development Programme Grant resulted in 162 applications from 41 municipalities, and the first allocations will be made during the course of the next six weeks. The aim of this programme is to bring private sector investment in commercial, recreational and community services into historically underserved township residential areas - creating business and employment opportunities alongside improved services to local residents.
I need to emphasise that this is not an alternative source of funding for the bulk infrastructure and basic service delivery responsibilities of municipalities - these are already supported through the local government equitable share and the municipal infrastructure grant. The Neighbourhood Development Programme is for interventions that will be innovative and qualitatively different. It is about developing precincts that combine administrative and social service delivery with retail and commercial services; it will include support for several new multi-purpose community centres; it will include cofinancing arrangements for infrastructure investment and improvements that contribute to local economic development and job creation.
We have received new ideas and detailed plans for such diverse communities as Tembisa, KwaThema and Kwatsaduza in Ekurhuleni, the Swalala and Kanyamazana precincts in Mbombela Munipality in Nelspruit, Mthonjaneni in KwaZulu-Natal - even a proposal for a "tri-district alliance" between the Northern and Eastern Cape and Free State provinces for a Gariep Tunnel Festival. Some of these proposals will need further refinement, but the prompt response of so many municipalities is a clear sign that the time has come for a major programme of shared public and private sector investment in improving the quality of life in low-income neighbourhoods.
Alongside these direct initiatives, Madam Speaker, there is also the indirect contribution to local and regional development associated with sound trusteeship of public funds.
The Public Investment Corporation continues to be a formidable force in the South African investment landscape with close to R600 billion worth of assets under management.
Its portfolio include bonds, equities, properties and the Isibaya Fund which is a private equity fund focused on black economic empowerment. Two new initiatives deserve special comment.
We have to recognize that Africa's growth and development requires a renewed focus on development of the continent's infrastructure. The Pan African Infrastructure Development Fund will focus on attracting pension funds from the African continent, to invest in a 25-year infrastructure equity fund.
The infrastructure backlog on the continent is huge and it is clearly right that Africans should engage the challenge. Targeting the top 10 African pension funds suggests that the fund should be able to achieve a first closure of the fund with at least $1 billion of commitments by the end of the fiscal year.
An office has been established and a team put together to raise these commitments of $1 billion. International pension funds will be targeted for a second closure of the Fund which should bring total committed funds to about $3 billion.
The initial focus of the Fund will be transport infrastructure, energy, water and sanitation and telecommunication infrastructure investments. It will focus on projects that can contribute to regional integration of the continent and that will have regional impact.
Secondly, the PIC has created "Project Rural". This is the largest direct property investment fund focusing on township and rural shopping centres in South Africa. It has been achieved through the merging of the Community Property Fund, a well-established property fund, whose investors are union and parastatal pension and provident funds, and the retail properties owned by the Government Employees Pension Fund.
The fund has a combined asset value of R1 billion and is at the forefront of township and rural developments, with projects in the pipeline which will double the size of the fund over the next three years. This initiative clearly complements and support Government's broader urban renewal and rural development programmes.
I should also update the House on progress of the Financial Intelligence Centre.
Law enforcement shows steady improvement in financial investigations and an increase in money laundering prosecutions.
During the past financial year the FIC received a total of 19 793 Suspicious Transaction Reports (STRs), bringing the total to date to 44 021. This is an indication that the reporting systems are working, largely due to the seriousness with which the banks and other financial institutions have taken on their responsibilities.
However, there are several sectors which need to demonstrate further compliance. For example, the FIC will be closely scrutinising the casino and gambling sector and estate agents in the coming period.
The FIC will also be building even closer working relations with the supervisory bodies (such as the Banking Supervision Department of the SARB, the Financial Services Board, the National Gambling Board, et al) to ensure that an even and coordinated approach is taken to monitoring compliance. Consideration is also being given to ways in which less costly and more efficient ways to implementing "Know Your Customer" processes can be implemented.
The legal framework to strengthen oversight mechanisms must be examined and improvements made where necessary to facilitate measured responses aimed at remedying instances of non-compliance. Matters to be investigated include adequacy of the scope of supervisors' functions and objectives to include compliance with money laundering/ terrorist financing controls, expanding mechanisms to monitor compliance levels, expanding range of sanctions available to address compliance failures in order to improve flexibility and ability to select the most appropriate response for a particular situation, establishing the administrative structures to enable the functioning of these mechanisms.
Madam Speaker, the activities of the Finance Ministry and the departments and agencies under our oversight are wide-ranging and challenging. Deputy Minister Moleketi will elaborate on several important financial sector reforms, and the finalisation of the work of the Amnesty Unit.
Institution-building is at the centre of our activities. This is not just about the organisations that report to the Ministry of Finance and their development, but is also about the larger challenge of institution-building, sound financial management and governance, right across the public sector and the economy more widely.
The social and economic imperative that is the driving-force behind our activities is the construction of an integrated, equitable, shared economy, broadening participation, and opening up opportunities for all. This shapes what we measure, how we engage with taxpayers, what we plan to spend, how we aim to reform and transform the financial sector and its role in economic development.
The quality and integrity of our work, the professional standards to which we aspire, remain paramount.
Our activities are organised around clear objectives, and disciplined by targets and deadlines. The budget date, agreed with this House, is itself a most powerful discipline over all of us.
Our work is increasingly broad in its scope - national and regional concerns, and international engagements shape our ideas and duties - but our progress towards accelerated growth, reconstruction, development and eliminating poverty is the foundation on which our activities rest.
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Mr. Jabu Moleketi (MP), Deputy Minister of Finance
Stronger economic growth and investment, and the efficient allocation of investment funds, rest on the quality and depth of our financial markets. Over the past year we have seen an extraordinary performance in our capital markets, partly driven by robust global growth but also indicative of rising confidence in South Africa's growth outlook. For business in general, and certainly for the financial sector, conditions have never been so good.
But the sustainability of growth depends also on the quality and equity of economic performance, and this is perhaps especially true of the financial sector. At the heart of our broader economic development strategy are the key concepts of good governance, sustainability and equity. We have strived to do what is transparent; what will result in long-term success; and what is fair and right.
For business, this has resulted in a far more favourable environment than many envisaged. Whilst many in industry may originally have been sceptical about issues of empowerment, transformation and redistribution, increasingly we are seeing the wisdom of such policies in that, not only were they the right things to do, but they have also contributed to stronger, shared and sustainable economic performance.
It is perhaps no surprise then, that questions of fairness have dominated the financial sector reform agenda during this past year of extraordinary growth and improved performance. The spotlight has fallen increasingly sharply on standards of good governance and equity, and the character of enlightened trusteeship at the helm of our financial ship.
Shortly after taking office in 1996, Minister Manuel stated that Government needed to have a greater say in the structure and the regulation of the financial services industry - that the industry could not "place itself above the law by defining its own regulation".
Ten years later we can see that those words were indeed prophetic. The situation inherited in 1996 was one of a financial sector that had developed within the context of an inward-looking policy environment, skewed investment opportunities and ownership by the few. Years of political and economic isolation meant that our regulatory structure had become progressively out of line with international standards. A highly concentrated financial sector meant that there was limited competition to bring down the costs to consumers or to spur innovation. A political dispensation that did not care for the majority of its people found its reflection in a financial sector that paid scant regard to the interests of ordinary consumers.
Over the past ten years, the pace of transformation in the financial sector has been remarkable. Legislation in most segments of the financial sector has been overhauled. Where traditionally regulation was focused on issues of prudential risk management, we have seen a range of new laws aimed at balancing this with improved consumer protection.
But legislation can only go so far. Bringing about true change is also about the enforcement of such legislation and the spirit and integrity with which financial sector participants take the message of this legislation to heart.
I am happy to say that though many challenges still exist in this regard, the last year has witnessed some heartening progress in giving effect to the principles of good governance, transparency, fairness and consumer protection.
In December 2005, the Minister of Finance and representatives of the life industry signed a Statement of Intent in which the industry committed itself to finding an effective solution to concerns highlighted by the Pension Funds Adjudicator relating to the lack of transparency in the fee structures of contractual savings products, in particular the costs of early termination.
While there was extensive debate about the obligations of insurers in terms of the relevant legislation and regulations, the life industry recognised that the reasonable expectations of consumers with respect to the net returns from retirement annuity fund member policies and other savings policies had not been met, particularly in the context of early premium cancellation.
As a result, the life industry agreed to a restitution package of close to R3 billion to reimburse effected policyholders.
The spirit that informed this agreement was that while certain practices may not have been formally illegal, they were plainly unfair and indefensible. In committing to doing the right thing, the industry has accepted that standards of transparency, sustainability and equity go beyond adherence to minimum legislative requirements.
The task of putting flesh on the bones of this agreement is currently underway, guided by a discussion paper on contractual savings in the life industry released by the National Treasury at the end of March 2006.
The premise of the proposed reforms is that a new business model which places the interests of the consumer at the heart of the way in which insurance companies operate will ultimately lead to a stronger and more sustainable industry for all.
This includes proposals on regulatory changes to provide more adequate consumer protection; measures to lower costs through improved transparency and competition; measures to better align the incentive structures of intermediaries with the interests of the client, including reforms to the structure of commissions; and lastly financial safety nets to provide a more equitable sharing of risks between the client, intermediary and the insurance company.
It is anticipated that these reforms will result in a significant improvement in consumer confidence in the value offered by the savings products of the insurance industry and provide a strong foundation for improving the culture of saving going forward.
A second example of the financial sector being held to the highest standards of transparency and accountability relates to the recent investigations into the practice of "bulking" by retirement fund administrators.
It has emerged that administrators were making undisclosed profits from bulking the funds under their administration and then negotiating a higher rate of interest to be paid on the funds, but taking some of this benefit for themselves without approval from the pension funds under administration. This is tantamount to taking away benefits from pension fund members without their knowledge or approval.
An agreement has been reached between the Financial Services Board and Alexander Forbes whereby Alexander Forbes will repay to retirement funds the total benefit received from bulking, as well as making a contribution of R12 million to the Financial Services Consumer Education Foundation, which amount will be used for the training of retirement fund trustees.
This sends a clear message to all retirement fund administrators, and other financial service providers acting as agents of retirement funds, that we will tolerate no less than the highest standards of accountability. Financial sector service providers are placed in a position of trust towards retirement funds and as such are under a legal duty to act in the best interest of their clients at all times. Receiving secret profits or undisclosed compensation from other parties is not acceptable practice.
Retirement fund administrators operate in terms of a license from the Registrar of Pension Funds, and as such must observe all the conditions and obligations that come with such a right to operate. It is imperative that all other administrators provide a full and frank disclosure of all practices that amount to undisclosed profits, as required by the Registrar of Pension Funds, and that similar steps be put in place to fully compensate retirement fund members and pensioners.
I'd like the trustees of pension funds to take this message to heart as well.
In terms of the Pension Funds Second Amendment Act, 2001, all pension funds were required to submit pension fund surplus apportionment schemes to the FSB within two and a half years of their surplus apportionment date, but by 7 June 2006 at the very latest.
It is estimated that about 2000 pension funds will have surplus to apportion, but to date only about 10 per cent of this number - i.e. only 200 funds - have actually submitted surplus apportionment schemes.
In plain language, this means that there are hundreds of thousands of individuals who are not receiving their due surplus benefits. If this situation persists, we will see increasing numbers of people - especially pensioners - lose out on these benefits because they will not survive long enough for the process to be completed. This is entirely unsatisfactory.
The Chief Actuary of the FSB has been in ongoing communication with the largest pension funs administrators in an attempt to stress the imperative of adhering with these requirements.
Retirement fund members have a right to demand that the trustees of their funds take urgent action in the case of non-compliance. Ultimately, it is the retirement fund members and pensioners who are penalised by this inactivity. If no action is forthcoming, the trustees will have been derelict in their fiduciary duties and the fund will be required to appoint a tribunal to take over the duties of trustees in respect of complying with the surplus legislation. But ultimately this is an expensive and complex step that we do not want to take unless necessary - rather, we call upon all trustees and administrators to deal with this issue with the seriousness that it deserves and to submit surplus schemes in terms of an agreed timetable with the Chief Actuary of the FSB, but by no later than 31 December 2006.
I need to emphasise that the depth and soundness of our financial sector and the strength of the contractual savings industry are economic and social assets, but there are particular deficiencies that have to be addressed. The general message should be clear. Increasingly, the financial regulatory authorities are demonstrating that they do indeed have teeth, that the financial sector is under scrutiny, and financial institutions are expected to exhibit the highest standards of fiduciary integrity and trusteeship.
It is not our intention that change in the financial sector should begin and end with what is prescribed in legislation.
The experience of the Financial Sector Charter is instructive in this regard.
Firstly, it is a model of constructive industry co-operation on a national scale - not in the form of collusion, but rather in the sense of the sharing of intellectual capital to find solutions to present day challenges.
Secondly, it breaks new ground in terms of an industry coming forward voluntarily to commit itself to doing things that go above and beyond what is required in terms of legislation. Certainly, legislation and regulations are important cornerstones in setting the framework within which firms must operate - and within which we must protect overall financial stability. However, the Charter has demonstrated the power of a shared vision - one that commits to transformation not only for moral reasons, but also because it will build the foundation on which we will all benefit in the future.
In a tangible sign of how sound partnerships can contribute towards transformation, the Mzansi bank account initiative continues to grow from strength to strength. Last year I was able to report that Mzansi had led to the creation of 1 million new bank account-holders within its first seven months. This figure has now grown to over 3,3 million new accounts. Mzansi will continue to evolve as new product features are added, but already it has taken significant strides in the challenge of improving access to banking services for all.
We are also seeing the development of similar initiatives in the insurance and collective investments industries.
Transformation and access to finance are also objectives of the proposed tiered-banking legislation, in the form of the Dedicated Banks and Cooperative Banks Bills.
The first draft of the Co-operative Banks Bill has now been revised to reflect the numerous comments received, and will be tabled in NEDLAC within the next few days for further consultation prior to submitting to Cabinet later this year.
A revised draft of the Dedicated Banks Bill, integrating public comments that were received, will be submitted to Cabinet by August 2006 for consideration by Parliament before the end of the year.
It is my view that the promulgation of these two Bills will introduce significant opportunities for new entrants into the banking system, with the aim of increasing competition and access to finance.
Turning to other organisations reporting to the Ministry of Finance, I am pleased to announce that the Amnesty Unit housed at the National Treasury, tasked with adjudicating the applications by South Africans wishing to voluntarily declare their foreign assets and to regularise their tax affairs, has completed its core work.
After undertaking a final audit of the files received, I can report that the Amnesty Unit has adjudicated all of the 42 679 applications it received since the announcement of the amnesty nearly three years ago. Of this number, 42 178 applications were approved. 937 applications of the total received applications (43 135 including duplicates) were withdrawn, deleted or voided, with 20 applications declined. The amnesty process has raised R2.9 billion in levies, and will soon transfer this amount to the National Revenue Fund.
It is worth noting that when the amnesty process was announced in 2003, it had four objectives: (i) to broaden the tax base and increase future revenue collection through disclosure of assets (both legal and illegal); (ii) to enable South Africans to regularise their affairs without being prosecuted; (iii) to provide the South African Revenue Service (SARS) and the Reserve Bank with details of foreign assets; (iv) and to facilitate repatriation of foreign assets to South Africa, without fear of recrimination.
I am pleased to announce that the amnesty process has successfully achieved all these objectives. A total of R68.6 billion worth of foreign assets have been disclosed. Approximately 70% of these disclosed assets were illegal, while about 30% were legal or legalised through the Reserve Bank. It is estimated that the income tax base has been increased by an estimated R1.4 billion, which is likely to increase the collection of personal income taxes by an estimated R400 million per annum. SARS and the Reserve Bank will also be able to fully update their records on the basis of the information disclosed.
The R2.9 billion of revenue raised through the levies is a further indication of the success of the amnesty process, and will be used for social development and community infrastructure.
The sanitisation of more than 41 000 applications, as required by law, was completed by May 2006. The Unit is on track to complete the remaining administrative functions by the end of July 2006. The applicant files will be stored with highly restricted access at central locations within the Reserve Bank and SARS. These procedures will ensure that the objective of having enabled South Africans to regularise their affairs without fear of prosecution or recrimination is fully safeguarded.
I would like to take this opportunity to thank the Amnesty Unit for their sterling work. When the unit was initially announced, we did not anticipate the huge task that they would be faced with, both in the number of applications received and the associated logistics. It is through the exceptional efforts and meticulous approach of our Unit that other countries now seek to use our amnesty as an international benchmark. I wish to specifically thank the chairperson, Advocate Mbuyiseli Madlanga, who has led the Amnesty Unit impeccably and with great enthusiasm. I would also like to thank the Reserve Bank and SARS for their assistance in finalising the amnesty process.
Finally, my appreciation goes to Parliament and the public for the confidence they have show in this amnesty, which as stated above, has been a remarkable success.
The Minister has made reference to the progress that has taken place with the implementation of the Financial Intelligence Centre (FIC) Act and the fruits that have already been borne of this. It is clear that many of the business institutions affected have been actively supportive. I wish to express on behalf of Government my appreciation of this and for the effort they have made in doing so.
However, the Minister has also indicated there are areas of compliance needing further enhancement. I have a comment to make on this - because I have personal experience of being FICA'd. I don't think it was ever the intention of the legislature, when it passed the FIC Act, to allow a situation to develop where the customer of a financial institution, for example a bank, would have to be FICA'd, would have to identify themselves, more than once.
However, what we have at the moment is a situation where every time a person who is already a client and who has already been FICA'd, wants a new product, lets say take out another home loan, or motor vehicle financing, she has to go through the motions of being FICA'd again and again. This is time-consuming, it is expensive. I believe it is the responsibility of a bank, or any other similar institution, to ensure that their internal systems enable them to have a single view of their customers. If they only have separate view, with each view only linking a particular client to a particular product, then how can they honestly state they have good customer relationship processes in place How can they honestly say they have developed good risk management processes Moreover it then becomes the excuse to pass the cost of complying on to the client?
Our banks and other financial institutions have world-leading IT systems. It seems to me that here is something that shouldn't be difficult to achieve. It also seems to me that in doing so they would not need to pass the costs to their clients, because the institution will soon recoup the costs through the better relationships they develop with their clients and with the many future others who will choose to come and bank with them.
In conclusion honourable Chairperson I would like to take this opportunity to thank the Minister of Finance for his leadership, and the management of Treasury and all the entities that are residing within its area of responsibility, and for maintaining the high standard of efficiency and competency. I must say today that I am proud to be part of this team. Thank you very much.
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The Prevailing Interest Rates are applicable from the first day of the month (1st June 2006) until the last day of the month (30th June 2006).
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The National Treasury is hosting the 2006 International Retail Debt Management Conference (IRDMC) from 7 to 9 June 2006 at Sun City.
The Socio-Political Impact of Retail Debt within Debt Management Policies.
What constitutes a Cost-Effective Retail Debt Program and what Measurements can be developed to Monitor Performance and Cost Effectiveness.
Selling of Wholesale National Debt Products in the Retail Debt Market.
This is the first time that South Africa is hosting the conference, previous hosts of the IRDMC include Canada, Ireland, USA, UK, Sweden and Italy.
For interview requests and to confirm attendance please call Zain Khan on 083 310 5797.
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Ben Okri, in writing these words, could be describing the life of our Comrade Eric. Eric Molobi gave of himself fully - to serve, guide, protect and lead without asking for anything in return.
When he was arrested, detained, tortured and imprisoned in 1974 it was for that vision which Okri describes as "that the lowest level of living conditions be at least one that is adequate". But by his activism happening as early, when the risks were so much greater, was about the "love that drives the seed into becoming the future tree", and this month we will celebrate the thirtieth anniversary of a great tree planted in Soweto - and we will know that the ground was prepared by Eric.
Eric's love and engagement was never distant and aloof in relation to anybody. In the first chat we had in the eighties, and in every discussion since, to the last one a few months ago, he addressed me simply as "Broer". He used the term not as a fashion statement, but as a form of address so wonderfully warm, so full of respect and with so much dignity. Eric used the term "Broer" to extend his dreams, to help those dreams grow, through the agency of those whom he trusted and cared for - and there are so many of us, Eric's 'broers' in whom he identified an extension of himself.
That forging of links was the story of Eric's life. I have not observed his business contacts at close quarters - but I can imagine that those business persons whom he engaged with closely - people who came from different backgrounds - Ernst Kahle, Bill Lynch, Johan Rupert, Peter Doyle and so many others would also have been touched by his greatness, warmth and clarity - no need for secrets or duplicity. Eric's intentions were clear, "love for mankind's better future, desire that we may all be better." This was articulated in strong contradistinction to those who would say - "what's in it for me."
Notwithstanding the harshness of the torture that he'd been through, (this was not the stuff you spoke about), he was prepared to take responsibility again after his release. History would not wait, the seed was also growing into a tree and young trees need to be nurtured, that was Eric's calling and that was his continuous act of love. So when the idea of the UDF had come, it required ideas, experience and passion, Eric was there and ready. When the struggle shifted intensively to education, and the NECC cried out for leadership, Eric was there and ready - regardless of the depth of risk. Many of us will recall the NECC meeting at Easter of 1986 in Durban, where we watched Eric's car set alight from the windows of the Moon Hotel, where we were staying, when we watched the armed attack on us, when decisions were taken that the conference had to proceed and that the delegates had to be protected. When we were literally under fire, we saw and felt the quality of Eric's leadership.
The establishment of the partnership between Kagiso Trust and the European Union was probably not designed by either party to have such detail or longevity. The fact that Eric had the trust of the initiators like Oom Bey and the counterparties in Brussels, because not trusting Eric was an exceptionally difficult thing; this trust allowed for the partnership and the rise of KTI to ensure the sustainability of plough-back into communities. This transition was one that required, beyond the necessary trust, an enormous amount of vision, and Eric possessed this in such vast quantities.
Despite the environment that he worked in, and the people that he rubbed shoulders with, Eric's remarkable strength was his internalisation of the values that had guided every action through his adult life. The "love that makes the writer weep when a bloodtide announces itself just over the horizon" was in evidence when he recently explained some of his concerns about what is going wrong with Black Economic Empowerment. He related an incident to me about a particular individual - he explained that when he visited this entrepreneur, he was taken to the garage before being taken into the house - for in the garage was the pride and joy of the owner - "Just over three million Rand's worth of motor cars"; Eric's horror continued when he saw this same person in Soweto on two occasions on the same day driving different luxury cars. Eric's concern was about what we demonstrate to the youth, on the one hand, and, on the other hand, if all we struggled for was for such conspicuous consumption. With the keen mind of the accountant he added that this guy could not be very smart to invest so much in an asset that depreciated so rapidly. To boot, he said, the person, whom he described very colourfully, never even lifted a finger in the struggle, but was now appropriating all its fruits.
Values, principles and service - the three attributes that made Eric the great friend and comrade were attributes that he had in great abundance.
But there's the other private side of his life - his deep love and partnership with Martha, Lele and Tiisetso - this was the area of no compromise, and this was the foundation of Eric's remarkable strength. Thank you. In his passing, we have lost the best of what defines us - go well, broer, you have been a great teacher, leader and friend. You have served life and the movement so well because you loved us all so deeply.
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The Minister of Finance Trevor A Manuel, MP will address the media about the small business tax amnesty tomorrow 13 June. In the 2006 Budget speech, Minister Manuel announced plans by government to introduce a tax amnesty for small business. The aims of the tax amnesty are to broaden the tax base; facilitate the normalisation of the tax affairs of small business; and, to improve the tax compliance culture. Stakeholders and the public were invited to comment on the draft legislation by 31 May 2006.
We invite all media to attend the briefing on Tuesday, 13 June (tomorrow) at the Imbizo Media Centre in Cape Town.
Minister Manuel will introduce the Small Business Tax Amnesty and Taxation Laws Amendment Bill in parliament later in the day. The Second Reading Debate of the Appropriation Bill is also scheduled for tomorrow afternoon.
<fn>GOV-ZA.2006061301En.2012-02-10.en.txt</fn>
Madame Speaker, it gives me great pleasure to introduce the "Small Business Tax Amnesty and Amendment of Taxation Laws Bill, 2006." The purpose of this Bill is to begin fulfilling the tax promises televised to the public in my annual February 2006 Budget Address to the nation (with the remainder to follow later in the year).
To simplify municipal tax administration.
The most notable aspect of the Bill involves the small business tax amnesty but before turning to the amnesty in detail, it bears repeating that 2005 economic growth and enhanced SARS administration have once again exceeded expectations. The net result is additional revenue, allowing for continued across-the-board tax cuts, infrastructure development, and social upliftment programmes.
Upward adjustment of the six personal income tax brackets for the benefit of individuals at every level. For instance, the bottom 18% bracket now ends at R100 000 (from the previous R80 000), and the top 40% now begins at R400 000 (from the previous R300 000).
Upward adjustment of the primary and secondary rebates. Individuals under 65 can now generate up to R40 000 tax-free (as opposed to the previous R35 000), and individuals 65 and older can generate up to R65 000 tax-free (as opposed to the previous R60 000).
In terms of savings, taxpayers strongly benefited. The Tax on Retirement Funds is reduced from 18% to 9%. The individual exemption for investment interest increases to R16 500 for those under 65 (and to R24 500 for those 65 and older). The annual Capital Gains Tax exclusion increases from R10 000 to R12 500 for the sale of passive investments, such as JSE listed shares.
Home ownership - another form of middle-class savings - also enjoys substantial relief. The Bill drastically increases the Transfer Duty brackets. For instance, individuals can now purchase a home with a value of up to R500 000 wholly free from Transfer Duty (as opposed to the previous R190 000 tax-free threshold). Meanwhile, the Capital Gains Tax exclusion for the sale of a primary residence also increases from R1 million to R1.5 million.
While the proposed Small Business Tax Amnesty contains many of the basic features outlined in the February Budget Review, we significantly expanded the scope of the amnesty after public consultation. This aspect of the Bill strongly benefited from the informal hearing process undertaken by the Portfolio Committee on Finance. It provides yet another example of how the Executive Branch and Parliament can best work together. The public consultation also gained from visits to small businesses, izimbizo with small business owners, and other interactions with small business associations organized by SARS.
The net result is an amnesty that is fully expected to enhance the small business tax register and to provide piece of mind for both unregistered and registered small business owners living in fear of past non-compliance.
Facilitate participation in the taxi recapitalisation.
It should be noted that the initial amnesty was designed as a two-phase process - an initial pilot phase concentrating solely on the taxi industry (to facilitate the taxi recapitalisation), followed by a general small business amnesty. This two-phase system was ultimately dropped after it was determined that the two-phase process actually complicated (rather than simplified) applications process and their administration.
Before turning to the details, it would do well to remember that amnesty was provided for wealthy owners of foreign assets in 2003. It is only fitting that comparable relief is afforded to those of lesser means, especially given their critical role in generating further economic growth.
The amnesty covers the full spectrum of small businesses, including sole proprietors, partnerships, unlisted companies and trusts. The key limit is size. A business will be viewed as small only if gross business income does not exceed R10 million. The only other restriction pertains to unlisted companies and trusts - where ownership or interests must be limited wholly to individuals. This requirement is designed to exclude complex entity structures (such as consolidated financial groups), all of which typically involve sophisticated businesses falling outside the typical small business sector.
Applicants must act quickly to enjoy this once-off opportunity. Specifically, applicants must submit their applications to SARS from 1 August to 31 May 2007.
A 2006 Statement of Assets and Liabilities.
In other words, applicants are eligible for amnesty simply by coming forward with an honest declaration of their business tax affairs for a single year. They need not recreate books and records for prior years, all of which Government recognises are beyond the capacity of typical small businesses. Moreover, even if the records for the 2006 tax year are deficient, "reasonable" estimates will suffice. This reliance on "reasonable" estimates will be critical for informal businesses, many of whom lack proper books and records.
The amnesty comes at minimal cost. The amnesty levy is tiered based on taxable business income, with the levy never exceeding 5%.
Applicants pay the top 5% on their income exceeding R500 0000.
Successful applicants obtain relief for all violations relating to the full range of direct national taxes falling on business as well as the Value-added Tax.
Withholding Tax on Royalties for payments to non-residents before 1 March 2006.
The amnesty not only covers successful applicants, but also their authorised representatives (e.g. public officers). This amnesty further includes relief from all interest, penalties, and additional taxes as well as freedom from criminal prosecution in terms of tax offences.
However, it should be noted that the amnesty cannot be used to undermine the tax system. Hence, taxpayers cannot utilise the amnesty as a means for obtaining refunds nor can they claim assessed losses arising from amnesty years as an offset against future income.
The approval process for the Small Business Amnesty will operate in comparable fashion to the previous amnesty for foreign assets. As with the previous amnesty, SARS will review applications with a view toward assisting applicants - not as a means of "victimisation."
The amnesty process will again be fully transparent. SARS will deliver notice of approval or denial. Any denial will include the reasons therefore, and all denials will be subject to the full range of objection and appeal procedures.
That said, the amnesty process is not a blank cheque. Applicants must apply in good faith. Applicants will accordingly lose the benefit of the amnesty for core violations - failure to pay the levy, failure to make full disclosure or the provision of materially incorrect estimates.
The amnesty contains measures to ensure no relief is afforded for organised crime. Whilst regulations will be issued to ensure that the Financial Intelligence Centre Act does not bar advisors from offering amnesty tax advice despite the possible criminal nature of these violations, this prohibition does not extend to knowledge of other criminal offences. Hence, tax advisors cannot freely offer advice to parties engaged in drug dealing, smuggling and other aspects of organised crime.
The amnesty also does not apply to fictitious schemes that deliberately use the VAT refund system as a method of stealing cash from the fiscus. The amnesty accordingly does not apply to schemes involving the submission of wholly fictitious invoices for artificial VAT refund claims nor does the amnesty apply to schemes involving fictitious claims of zero-rated exports for items that actually involve fictitious exports or standard-rated local sales.
One difficult issue is the treatment of parties who have already come forward to disclose their non-compliance before the amnesty or are already liable for tax as a result of SARS audit, investigation or other enforcement. This group of taxpayers typically falls outside the amnesty process because the amnesty acts as a "quid-pro-quo" for coming forward. In other words, parties are rewarded for disclosing their tax non-compliance during the amnesty window period before being detected by SARS - i.e. they have come forward before being found out.
That said, those parties with outstanding debts following their voluntary disclosure of their non-compliance or SARS enforcement action undoubtedly feel unfairly treated given the complete amnesty of others engaged in similar violations. Given these concerns, the amnesty will be extended by regulation to cover this set of taxpayers. Although they will not receive full amnesty, the regulations will allow for relief from interest, penalties and other additional charges while maintaining SARS claims against underlying capital. This aspect of the amnesty is being set aside for regulations due to the unique issues involved (but will be tabled for Parliamentary review).
The final significant aspect of the Bill concerns municipalities. Firstly, the Bill sets in motion the removal of the Regional Services Council Levy with effect from 1 July 2006. This removal will provide significant relief for businesses in terms of tax and administration. This removal is especially helpful for small businesses (who disproportionately bore the compliance burden). As was announced in February, all revenues lost by the municipalities will be replaced (mostly via national transfer payments).
Secondly, the VAT treatment of property rates will be shifted from "out of scope" to a zero-rating. This shift will mean that all VAT bearing municipal costs relating to these rates will now be fully claimable by municipalities as creditable VAT inputs. This new level of claimable VAT input credits will indirectly shift substantial revenues to the municipalities as a further means of compensation for the loss of the Regional Services Council Levy.
The final set of changes again relates to VAT. Due to the historical treatment of property rates and municipal supplies, much of the municipal VAT calculation has turned out to be far more complicated than necessary. Many of these issues relate to whether municipal charges fall within or outside of the VAT net. The Bill accordingly brings the charges into the VAT system. This clarifies much of the confusion, simplifies compliance, and generates further VAT input credits for municipalities.
Again, I would like to thank the Chairman Nhlanhla Nene for his leadership, and the members of the Portfolio Committee for their constructive role in the process. I can proudly say that the end product will take South Africa onestep forward in terms of further growth. Madame Speaker, I hereby table the "Small Business Tax Amnesty and the Amendment of Taxation Laws Bill, 2006" as well as its companion, the "Second Small Business Tax Amnesty and Amendment of Taxation Laws Bill, 2006."
<fn>GOV-ZA.2006061401En.2012-02-10.en.txt</fn>
On 28 March this year, the NCOP adopted the 2006 Division of Revenue Bill in Kuruman during its initiative of "taking Parliament to the People". We refer to that occasion because the Division of Revenue Bill is not only a concrete expression of cooperative relations between our three spheres of government but it also establishes an important link between the national Appropriation Bill we are debating today and the provincial budgets.
The House will recall that schedule 1 of the Division of Revenue Act sets out the share of each sphere of nationally raised revenue. It is not a mistake that the schedule shows conditional grants to provinces as part of the national share. Strictly speaking, conditional grants are national money. The same conditional grants get appropriated on national and provincial votes of the relevant departments.
In the 2006 MTEF R85, 0 billion is allocated to provinces in the form of conditional grants.
R1, 3 billion is for agricultural programmes such as farmer support for emerging farmers under the umbrella of the Comprehensive Agricultural Support Programme (CASP).
The programmes that we are funding through earmarked national allocations (conditional grants) are undoubtedly some of the priority programmes in our government's Programmes of Action. These are programmes that are at the heart of the progressive realisation of a better life for all. That is why we elected to fund them the way we do. That is why we have chosen to have joint responsibility for their oversight. This House, working closely with provinces, has a duty to ensure that the outputs and outcomes of these programmes are realised. Failure in this regard is not an option.
Honourable Members, it is important that when we challenge each other to do better, we never lose sight of commending ourselves when we do well. The hearings of the Select Committee on Finance on the section 32 quarterly reports are commendable. They are a good example of what Parliament can do within the legal framework and the information generated within our system of governance to exercise its legitimate oversight role. The Honourable Ralane would agree that this process has come a long way to become what it is today. In the initial stages we used to debate about the accuracy or otherwise of the data contained in the reports. Some departments would even attempt to use the forum to ask for more money or " to plead poverty" to quote Honourable Ralane. But in recent times all participants have come to accept that the hearings are about accounting for the use of resources and performance. Honourable Ralane and other Members of the Select Committee keep up the good work.
Honourable Members I have taken time to explain why it is important for the appropriation Bill to be debated in this House because I think it is important for us in the executives of national and provincial governments to accept that we must be held accountable for the resources that Parliament allocates in the DoR Act and further appropriates in this Bill.
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Let me welcome the Book Fair to Cape Town as an additional stimulus to discussion and debate, but more importantly to the extension of literacy in our country.
If it were true that a nation becomes what it reads, then a scan of the list of bestsellers has me rather worried. The top sellers in South Africa are the Platters Wine Guide; the Brett Kebble story; Branson's "Screw It, Let's Do It" and the ubiquitous "Da Vinci Code".
at face value, perhaps, a nation in need of debauchery and ready to unravel the time-tested mysteries of the church Some of these titles feature uniformly across the English speaking capitals, with the Da Vinci Code a particular favourite. Further, the New York Times fiction list is headed by a novel entitled, "The Husband". But we should leave those musings on titles to future historians?
Indeed we can, because books provide such an incredibly strong link between nations and across generations. Books also guide what we understand of the past. So we believe that amongst the great contributors to global civilisation were the Romans - there are books and an entire Latin language to prove that.
It is often said that the Romans were civilised but their most famous general was responsible for the greatest acts of vandalism during antiquity. Julius Caesar was attacking Alexandria in pursuit of his archrival Pompey when he found himself about to be cut off by the Egyptian fleet. Realising that this would leave him in a desperate predicament, he took decisive action and sent fire ships into the harbour. His plan was a success and the enemy fleet was quickly aflame. But the fire did not stop there and jumped onto the dockside which was laden with flammable materials ready for export. Next it spread inland and before anyone could stop it, the Great Library itself was blazing brightly as 400 000 priceless scrolls were reduced to ashes. As for Caesar himself, he did not think it important enough to mention in his memoirs.
There is no link between this account and the fact that the New York Times best Sellers advice section is headed by a book entitled "Cesar's Way". What we recall of antiquity is what books allow us to recall. Differing with the established views on these matters raises the temperature, as President Mbeki recently discovered after his "Inaugural Lecture of the Parliamentary Millennium Project".
What past and present information is available on Africa Who gathers and disseminates such information Who interprets events and processes in Africa From what point of view are these interpretations made Whose views dominate the daily discourse in our country and the rest of the continent In other words, what is the world outlook of those who present news to us, those who analyse events and those who interpret processes taking place on the continent Whose ideas drive our societies?
In the discourse that followed that lecture it was clear that there were some who, in a different era, would have been ready to burn Thabo Mbeki at the stake. How could he be so impertinent Now, perhaps there would have been less debate if Caesar had himself recorded the razing of the Royal Alexandria Library - Africans do not know these things, or if they do its impertinent for Africans to raise such sensitive issues?
In his lecture President Mbeki highlights the fact that Africa is home to some of the world's greatest civilisations - Egyptian, Nubia, Aksum, Mapungubwe, Ghana, Mali, and Great Zimbabwe.
The Malian Civilisation reached its pinnacle when Timbuktu became the intellectual and trading hub between the 14th and 16th centuries.
Timbuktu was a confluence of ideas, languages and cultures. We are proud that today we are in a partnership with the government of Malito preserve and restore the thousands of manuscripts of Timbuktu which tell a story of a great civilisation and a centre of learning.
However, this period was also particularly a time of great expansion for Islamic empire which by the eight century included much of North Africa, parts of West Africa, the Iberian Peninsula, India and Indonesia. With Baghdad as its intellectual capital, this empire regarded information so highly that it offered traders a book's weight in gold for every book put on sale.'
Books, those threads that bind past, present and future are so exceedingly important. It is no accident that we open this Book fair on the thirtieth anniversary of the Soweto uprising. We celebrate the day now as Youth Day in honour of the phenomenal sacrifices of young people. The spark for the uprising was in education - ostensibly about the compulsory teaching in Afrikaans. More importantly, it was a battle about the book. In the 1973/4 fiscal year, the apartheid government spent R 483 on the education of every white child as against R 28 on the education of every black child. The R 28 bought no book! More importantly, the Bantu education system was premised on denial.
There is no place for (the Bantu) in the European community above the level of certain forms of labour.. For what reason it is of no avail for him to receive a training which has as its aim the absorption in the European community. What is the use of teaching a Bantu child mathematics when it cannot use it in practice?
The cruelty of apartheid, as evidenced both by Verwoerd's statement and the mowing down of young learners thirty years ago today, is that the thread that binds past, present and future was severed. We are learning about just how difficult it is to reconnect - how, when education had wiped out successive generations of mathematics learners and teachers do you suddenly reconnect How do we re-establish the great intellectual traditions obtained here in South Africa We have set ourselves the monumental task of developing our eleven official languages - this task will not succeed without many writers, publishers and readers. Achieving this within the context of nation state also demands that we can cross reference and cross-pollinate to prevent the skewed development of eleven different tribes. So, we need books - and we need readers?
Education remains the single largest category of spending on our Budget. In the 2006/07 fiscal year we have budgeted to spend R92,1 billion rising to R 110,3 billion in 2008/09. Over the three year period we have added some R 565 million in the form of a conditional grant to provincial governments for the further funding of community libraries.
Sadly, none of this is adequate unless together we can generate the appetite for reading. The forces arraigned against such endeavour are many. We might need to change our definitions. Apparently many students are engaged in the battle to define what a book is - "the book is also both meaning and the vehicle by which it is conveyed" writes one, while another argues that "the book is a practice - a collection of social, economic and artistic activities - not an object" We can deal with that discourse - we need to adapt as our forebears adapted from papyrus scrolls to paper, and through various evolutions of lithography.
Our collective responsibility is to increase the love of reading. I trust that this Book fair will make a huge contribution to that responsibility we all share.
<fn>GOV-ZA.2006062001En.2012-02-10.en.txt</fn>
The Government benchmark bond, the R207 (7.25%, 2020) has reached R10 billion. Consequently, Primary Dealers are obliged to make a market in the R207 Government bond as required by the Rules in Respect of the Primary Dealers.
The R207 may be quoted at nominal minimum amounts of R10 million between Primary Dealers as well as other market participants, at the maximum bid-offer spread of 10 basis points, as from 20 June 2006.
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The National Treasury announces the General Terms and Conditions of the Reverse Repurchase Agreement Transactions Facility (Repo facility) in Inflation Linked Bonds (ILBs).
The ILB Reverse Repo facility will be conducted by the South African Reserve Bank (SARB) on behalf of the National Treasury on an auction basis. All market participants are given until the 28 June 2006 to engage the National Treasury and the SARB to clarify any issues of uncertainty regarding the repo facility. The effective date of the repo facility will be announced in due course.
The total nominal amount under this facility will not exceed R1 billion.
All existing maturities will be on offer i.e. R198 (3.8%:2008), R189 (6.25%:2013), R197 (5.5%:2023) and R202 (3.45%:2033).
The auctions will be conducted on a weekly basis.
The term/tenure of the repos will be disclosed in the invitation.
The announcement will be made at 08h30 on the morning of the auction on the SARB's wire services pages.
The auction will, unless specified otherwise, be conducted on Thursdays.
The auction will close at 10:00 and the results will be released at 11h00 on the SARB's wire services pages.
Bids cannot be changed after the auction has closed.
The cash amounts which the participants want to invest in the ILB reverse repo auction.
The reverse repo rate which the participant wants to earn on the cash amount tendered (expressed to the nearest 0, 01%).
Participants are required to submit bids in minimum cash amounts of R5 million, and thereafter, in multiples of R1 million.
Bids will be allocated in an ascending order based on the individual reverse repo rates tendered.
The amounts allocated for each of the bonds on offer will be at the discretion of the National Treasury who may decide to allocate all or nothing of the bonds on offer.
Settlement will take place on a T+3 basis.
Cash settlements will take place via SAMOS.
In terms of the established convention with respect to reverse repos conducted by the SARB, the coupon interest on the bond will be payable to the supplier of the stock.
Bids must be submitted to the SARB via the Money Market Internet System (MMIS).
In case the MMIS is not functional, participants should call the SARB's dealing desk (012-313 4952/7) with the details of their bids, before the auction closes. Telephonic bids should be confirmed with a confirmation fax to the dealing room (012-313 4278).
The Reference CPI rates, as well as, the index ratios needed for the calculation of the nominal amounts of ILBs to be allotted to successful bidders will be released with the auction invitation.
The prevailing real yields on the respective ILBs will be provided by the SARB at the closure of the auction on its wire services pages.
On maturity of the reverse repurchase transaction, the ILBs will be repurchased from participants at the agreed price. Upon receiving payment (via SAMOS), participants must deliver the equivalent securities purchased in the first leg of the transaction.
Participants will be called for margin in order to mitigate against market and credit risk.
ILBs held by the counterparty are marked-to-market daily using BESA closing rates. The SARB will call for margin if the market value of the ILBs exceeds the cash plus total interest for the period of the transaction (repurchase price) by an amount equal to or greater than R1 million.
If the repurchase price exceeds the total market value of the ILBs purchased by participants by R1 million, the SARB will at the request of the counterparty transfer the excess margin.
Interest on cash margins will be calculated at the SAONIA rate on a daily basis and paid to the counterparty at maturity of the reverse repurchase transaction. The same principle will apply when the SARB is called for margin.
Participants should have signed both the SARB'S Master Repurchase Agreement (MRA) and the addendum to the MRA in order to participate in the ILB reverse repo auctions.
<fn>GOV-ZA.20060621RamsuranEn.2012-02-10.en.txt</fn>
How are teachers' understandings and practices positioned in discourses of assessment?
Recent curriculum developments in a number of countries have led to the inclusion in formal assessment regimes (leading to 'high stakes' consequences for students and teachers) of a wider variety of methods of assessment, including 'performance' and 'authentic' assessment (e.g. Romberg 1995, DOE 2002, 2005, Broadfoot 1996). There has been a move away from traditional tests and examinations towards tasks that allow more varied, complex responses. This move has simultaneously increased the complexity of the task of assessing student responses-a task generally undertaken by teachers, who must interpret the texts (written, spoken or behavioural) produced by their students in order to evaluate them. This paper reports on a research in progress undertaken with a cohort of B. Ed Hons students (52 students) enrolled at the University of KwaZulu-Natal for a module titled: Assessment in Education. The module is highly theoretical and includes an analysis of assessment policy documents. An initial phase of the study (April 2006) examines teachers' understandings of key discourses in the policy documents through a questionnaire. The second phase of the study (June 2006) examines a selection of teachers' (8 teachers) assessment practices through an analysis of assessment tasks, assessment of student responses and interviews.
What is the dominant assessment discourses (for example a standards-based discourse) in South African policy documents?
How are teachers' understandings and practices positioned in these discourses of assessment?
What kinds of new discourses do teachers' engage with in the module: Assessment in Education?
Do teachers' practices and positioning shift after engagement with the module/ policies?
For the purpose of this presentation this paper will respond to the first two questions as the data in the second phase of the study has not yet been analysed. In this paper I want to argue that progressivism has left teachers with a disabling legacy when it comes to assessment. Teachers' need access to an assessment meta-language which is sensitive to variations in learning contexts and individual differences. Unless teachers' understand and internalize the language and discourses of assessment, the progressive ideals of the new assessment reform will not achieve its intended goals.
Recent curriculum developments in a number of countries have led to the inclusion in formal assessment regimes (leading to 'high stakes' consequences for students and teachers) of a wider variety of methods of assessment, including 'performance' and 'authentic' assessment (e.g. Romberg 1995, DOE 1995, Broadfoot 1996). There has been a move away from traditional tests and examinations towards tasks that allow more varied, complex responses. This move has simultaneously increased the complexity of the task of assessing student responses-a task generally undertaken by teachers, who must interpret the texts (written, spoken or behavioural) produced by their students in order to evaluate them. South Africa has gone through two periods of major curriculum reform producing curriculum documents called: Curriculum 2005 (C2005) in 1997 and The National Curriculum Statements (NCS) in 2002 for the GET phase and in 2003 for the FET phase.
According to Muller (2004), "assessment during the apartheid era was norm-referenced, summative and aggregative" and was characterised by paper-and pencil tests that emphasised academic exercises and the recall of textbook knowledge (Vandeyar and Killen 2003). In Bernsteinian terms assessment was characterised by a strong collection code, which is exemplified by strong boundaries among subjects and between teacher and learner. Assessment of subjects was done independently of each other. Assessment was generally separated from instruction and largely took the form of assessing isolated or fragmented knowledge and skills.
Progressivist pedagogies underpinning C2005 have sought to operate with a 'contentless curriculum'-celebrating individual differences whilst excluding most students from the powerful discourses necessary for success in the wider socio-cultural environment. In Curriculum 2005, the progressive classroom is conceived as operating with a weak classification of subject disciplines through its integrated, 'child centred' curriculum, and an apparently weak classification of the boundaries between teacher (or transmitter of knowledge) and pupil (as acquirer of knowledge)(Bourne 2003: 498).
The NCS released in May 2002 introduced several important changes to proposed assessment practices in schools. For each grade of schooling, there is a set of assessment standards that define the levels of knowledge, skills and attitudes that learners will be required to demonstrate as evidence that they have achieved each phase outcome to an appropriate depth and breadth (conceptual coherence). This means that in each Phase the outcomes remain the same from grade to grade while assessment standards change from grade to grade. The NCS-a streamlined and strengthened version of C2005 has retained its progressive ideals for example a shift from assessing product to process; norm to criterion referenced; summative to diagnostic assessment.
How have teachers responded to the assessment reform In an international comparative perspective on outcomes-based assessment, Combrink (2003) qualitatively assessed the realities and problems related to outcomes-based assessment from an international perspective by interviewing a sample of officials in Australia, New Zealand and America and his findings indicate that a major problem in all three countries was a lack of in-service training or inadequate training which made teachers feel incompetent. Teachers have been reported to lack guidance and /or skills -real or perceived-to implement classroom assessment (Pennycuick 1990, Brown 1991, Bazzini 1993, Emery 1997 as cited in Lubisi, 2000). Another theme that has emerged from literature is that the new assessment increases the workload of teacher (Combrink 2003, Jansen 1999) and that teachers practices may be influenced by time -real or perceived- it takes to design, grade and /or record results of classroom assessment (Pennycuick 1990, Broadfoot et al 1991, Emery 1 997 as cited in Lubisi 2000). According to Torrance (1995), considerable resentment was expressed by teachers in the UK at the extra workload involved in assessment. This study intends to understand how teachers position themselves in the discourses of assessment and argue that teachers need access to the language and discourses in assessment for the progressive ideals of the new curriculum to be realized?
The analysis of data is framed by a post-structural notion of discourse. Discourse is defined as a 'relatively bounded area (sic) of social knowledge' that both constrains and enables how we think about a particular social object or practice (McHoul and Grace, 1993:31). Thus, discourses allow individuals to interpret particular social situations, or phenomena (Pacini-Ketchabaw and Schecter, 2002). Discourses are about what can be said, and thought, but also about who can speak, when, where and with what authority (Ball, 1990). Discourses embody the meaning and use of propositions and words. Thus certain possibilities for thought are constructed. Words are ordered and combined in particular ways and other combinations are displaced or excluded. Discourses get things done, accomplish real tasks, gather authority' (Said 1986:152). Discourse may have the effect of re-distributing 'voice', so that it does not matter what people say or think, only certain voices can be heard as meaningful or authoritative (Ball, 1994:23). Applications of discourse theory allow valuable fine-grained analyses of documents and texts to be undertaken within a broader structural analysis. This approach is also useful in highlighting values and teasing out competing discourses.
Discourse is the key concept of the relationship between power and knowledge (Foucault, 1977). Discourses are, therefore, about what can be said and thought, but also about who can speak, when, where and with what authority. The effects of power narrow the possibilities of discourse and/or obscure its boundaries. Any particular discourse will generate resistance as it encounters competing discourses. Dominant discursive constructions should be given due weight for the ways in which they circulate and the power that they enjoy (Parker, 1997). They exist within what Foucault referred to as regimes of truth, which make any challenges to the 'realities' to which they refer very difficult indeed (Foucault, 1972). A discourse may gain a dominant position over others in the way in which it is strengthened and launched by individuals and institutions. Teachers in the educational process are in a powerful position to do just this. Schools are sites where discourses are reinforced and challenged (Corson, 1998). This paper reports on how teachers' understandings and practices of assessment are positioned in the official policy discourses and what new discourses are created in teachers' understandings and assessment practices.
This paper reports on a research in progress undertaken with a cohort of B. Ed Hons students (52 students) enrolled at the University of KwaZulu Natal for a module titled: Assessment in Education. The module is highly theoretical and includes an analysis of assessment policy documents. An initial phase of the study (April 2006) examines teachers' understandings of key discourses in the policy documents through a questionnaire. The second phase of the study (June 2006) examines a selection of teachers' (8 teachers) assessment practices through an analysis of assessment tasks, assessment of student responses and interviews. This study reports mainly on two data collection techniques: policy document analysis and questionnaire data. The policy documents for the NCS (GET and FET phases) were analysed for dominant discourses and the questionnaires were analysed for teachers' understandings are positioned in these discourses. 49 out of the 52 questionnaires distributed were returned showing a response rate of 94%. The teachers are from five learning sites in KwaZulu Natal (Empangeni -6 Durban-8; Kokstad-4; Pietermaritzburg-23; and Dundee-8). 33 teachers are Level 1; 8 level 2; 2 deputy principals and 6 principals. 16 of the participants were male and 33 female. Most of the participants had under 15 years of experience of teaching. The majority of teachers teach in the foundation or intermediate phase. 28 out of the 49 teachers have indicated that their school has an assessment policy that has been adapted from the National Policy guidelines. In the main teachers were minimally or not involved at all in developing the school assessment policy.
Among teachers, there is a growing recognition that the lack of explicitness in curriculum policy documents is causing problems in producing satisfactory assessment procedures. The problem is exacerbated by the one week workshops held by the Department of Education to orientate teachers to the new NCS. 16 of the 49 teachers attended these workshops. Teachers' comments on the positive outcomes of the workshop centred around technical aspects of developing learning programmes and lesson plans, recording, emphasis on changing numerical scores by replacing it with rubrics and checklists, methods of assessment, rating learners achievements.
too much in a short pace of time; needed more time and follow up workshops; facilitators not well prepared; some people left the workshop more confused; facilitators not clear about some aspects hence they work-shopped for one week only took 3 days- questions were left unanswered; workshop was too fast paced and superficial, no practical opportunity, increased teacher apathy, does not take context into account; assessment tools and rubrics were not clarified etc. The comments help explain why teachers' understanding of the discourses in assessment are positioned in particular ways. Teachers cannot expect to apply assessment principles they do not understand (Vandeyar and Killan, 2003).
The NCS introduced several important changes to the proposed assessment practices in schools. The most significant change was a shift from the criterion-referenced assessment that was recommended in C2005 to a form of standards-referenced assessment. In each Learning Area in each Phase of schooling there is a set of outcomes that define what learners are expected to achieve for each grade of schooling, there is a set of assessment standards that define the levels of knowledge, skills and attitudes that learners will be required to demonstrate as evidence that they have achieved each phase outcome to an appropriate depth and breadth. This means that in each Phase the outcomes remain the same from grade to grade while assessment standards change from grade to grade. Because these standards are grade specific, they describe how conceptual understanding is meant to progress in each Learning Area (Vandeyar and Killan, 2003).
For the first time in South Africa, teachers are being encouraged to think of outcome attainment as a continuum of possibilities, rather than as a dichotomy. They are no longer being asked to put learners into categories of achieved/not achieved for each outcome. Instead they have to think about how well each learner has achieved each outcome (Vandeyar and Killan, 2003). This is the approach to assessment that had been advocated by Killen (20 00). The National Codes for reporting learner achievement introduced in the NCS for the GET phase still require learners' performance of each outcome for each Grade to be recorded on a four-point scale (exceeded, satisfied, partially satisfied or not satisfied).
This reluctance to move to a fully standards-referenced approach to assessment is also reflected in the requirement that reporting should also be normative and " contain comments on the learners' performance in relation to peers" (Department of Education, 2000, 100). In addition, the tension between progressivism and accountability has negatively facilitated the imposition of external standardized tests for e.g. the grade 9 CTA's which are incompatible both with the classroom experiences of the vast majority of teachers and their learners and the goals of the curriculum. From the questionnaire data, 17 of the 49 teachers did not respond to the question on what they understood by standards based assessment, 3 of these were principals of schools. Multiple understandings, some of which were flawed, emerged from the questionnaire data for example, to assess a learner that can be equal to other learners level at which assessment should be practised process of identifying, gathering and interpreting info about the learners achievements based on certain judgement like when a learner is able to do something setting an assessment according to level of learners- from their own background or an assessment based on what they are familiar with assessment designed by the dept of ed for more than one school e.g.
assess learners on what you intended to assess on supervised and controlled tests task is assessed according to certain pre-determined criteria.
Embedded in teachers' understandings of standards are fairness, context validity; and maintaining standards and accountability of the system through common tests and standardised testing. In all the definition above, none of the teachers alluded to assessment standards that define the levels of knowledge, skills and attitudes that learners will be required to demonstrate as evidence that they have achieved each phase outcome to an appropriate depth and breadth.
clearly indicates that some teachers are positioned in a criterion referenced discourse and have not internalised the policy shift made from criterion referenced to standard referenced assessment.
assessment based on standards assessment that is standardised to achieve outcomes that are set, i.e.
assessment that has standards that move from easy to difficult.
When teachers' understandings are positioned differently from policy then it is unlikely that teachers will be able to apply these assessment principles embedded in the standards based discourse to their practices. Another stark disparity is that at the level of policy documents subject assessment guidelines (DOE, 2005 for example in the Life Sciences) do not mention the word 'assessment standards' throughout the document but is implicit in the description of competence and skills. The official policy discourse of assessment standards are not reinforced in guidelines that develop from the curriculum statements.
C2005 and the RNCS showed a shift from the performance model of education (outgoing curriculum under apartheid) to a competence based model. According to Bernstein (1996) performance model serves primarily economic goals and are considered instrumental. Assessment in this model aims to identify what learners have not acquired, i.e., 'what is missing in the product' (p60) and teacher professionalism is grounded in grading procedures. By contrast, in competence models time is not explicitly punctuated (sequencing and pacing is more flexible), assessment emphasizes what is present in the acquirer's products.
Competence modes moves away from the concept of deficit (assessment in terms of what is absent rather than what is present). It emphasizes empowerment, for example in the RNCS statements there exist a dominant discourse of liberal/progressive empowerment in advocating learner-centredness; cultural empowerment through redress and political empowerment through the development of a democratic citizenry . In the assessment section of the RNCS policy there exist explicit competence descriptions that embed the notion of empowerment, for example, 'develop justifiable and responsible positions on the influences of different beliefs, attitudes and values in various communities' (DOE, 2005- Life Sciences subject statements, p51).
Data from the questionnaire reveals that teachers' understandings of competence are embedded in the performance model- with a strong norm-referenced discourse emerging, for example, to describe some-one comparing with others to see whether learners meet the required standard in order to progress to the next grade when a teacher is able to describe learners competence against each other in a class e.g., when answering questions asked by the teacher levels of performance compared to other people e.g.
What are the theoretical tensions that exist in locating assessment in the RNCS within the competence model Where do predetermined outcomes fit within a competence model of education The NCS explicitly state?
Since the outcomes based approach involves setting benchmarks, it inevitably incorporates the concept of deficit, which is contradictory to competence models (Harley and Parker, 1999). With the specification of explicit assessment standards and competence levels, the benchmark has been set and learners are assessed on what they are able to acquire - a deficit notion.
The process whereby the information obtained through assessment is interpreted to make judgements about a learner's level of competence. It includes a consideration of learner's attitudes and values. (Assessment Policy Act, 1998).
The official policy discourse of evaluation includes collection of adequate evidence, interpretation, judgement compared a benchmark: assessment standards and competence description and a summative assessment of a learner's worth. It considers assessment of attitudes and behaviors, not only cognitive dimensions of learning. What does this discourse do It suggests to teachers (or attempts to impose on them) practices and criteria of assessment to be measured against competence descriptions and assessment standards, and provides them with arguments to make sense, justify and explain their practices to pupils, parents, official moderators, and interested others. Following Bernstein (1999), we can say that this discourse attempts to regulate teachers' practices of assessment?
The discourse of evaluation is not unitary but consists of an official discourse and other unofficial discourses (Lerman, 2001). What are other discourses that teachers' draw on in their understanding of evaluation A strong regulatory discourse linked to monitoring and accountability is evident?
In this position, the teachers speak with the voice of an unofficial discourse, adopting the values of a traditional pedagogic discourse (performance model).
The data reveals that the standards based discourse, competency based discourse and the discourse of evaluation as progressive ideals carry inherent tensions in the way it is articulated in policy and teachers' understandings and practices thereof. Contradictory demands and alternate deficit discourses emerge when the teacher for example, uses the resources of a competence model within assessment structures that impose strategies that are more consistent with a performance model. Unless teachers engage with the official policy discourse, have access to such a discourse (through workshops and in-service training) and develop a meta-language around the discourses embedded in the assessment policy documents the progressive ideals of the curriculum will not be realized in practice. It require teachers to engage with analysis of the construction of the discourse; attempting to explain what interests such a discourse serves (or what changes in society give rise to such a discourse) and how such a discourse resonates with their present practice. Questions that need to be grounded in such an engagement are: what social factors promote dominant deficient discourses, what class assumptions underpin these discourses, how can these discourses be de-constructed to see whether it serves to empower or disempower teachers and pupils.
Ball, S.J. (Ed) (1990) Foucault and Education. Disciplines and knowledge. London: Routledge. -Ball, S.J. (1990) Politics and Policy Making in Education: Explorations in Policy Sociology. London: Routledge.
Bernstein, B. (1996) Pedagogy, Symbolic Control and Identity. London: Taylor and Francis.
Broadfoot, P.M. (1996) Education, Assessment and Society. A Sociological Analysis. Buckingham: Open University Press.
Bourne, J. (2003) "Vertical Discourse: the role of the teacher in the transmission and acquisition of decontextualised language." In European Educational Research Journal, Volume 2, Number 4, 2003.
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Implications for South Africa. In Perspectives in Education, Volume 21(1), March 2003.
Corson, D. (1998) Changing Education for Diversity. Philadelphia: Open University Press.
Department of Education. (2000) Report of the Review Committee - Executive summary, 31 May. Pretoria: Department of Education.
Department of Education. (2002) Revised National Curriculum Statement R-9 (Schools). Pretoria: Department of Education.
Department of Education. (2005) National Curriculum Statement FET (Schools).
Foucault, M. (1972) The archaeology of knowledge (A.M. Sheridan Smith, Trans.).
Foucault, M. (1977) Discipline and Punish: the birth of the prison. New York: Vintage Books.
Harley, K. & Parker, B. (1999) "Integrating Differences: Implications of an Outcomes-based National Qualifications Framework for Roles and Competencies of Teachers." In Jansen, J and Christie P, (Eds), Changing Curriculum: Studies on Outcomes-based Education in South Africa. Kenwyn: Juta & Co Ltd.
Killen, R. (2000) 'Standards-referenced assessment: Linking outcomes, assessment and reporting'. Keynote address at the Annual Conference of the Association for the Study of Evaluation in Education in Southern Africa, Port Elizabeth, South Africa, 26-29 September.
Lerman, S. (2001) A review of research perspectives on mathematics teacher education. In: F-L Lin & T. Cooney (Eds) Making Sense of Mathematics Teacher Education. Dordrecht, Kluwer.
Lubisi, R.C. (2000) "An Investigation Into Mathematics Teachers' Perceptions and Practices of Classroom Assessment in South African Lower Secondary Schools." PhD Thesis, School of Education: University of Nottingham.
McHoul, A. & Grace, W. (1993) A Foucault Primer: discourse, power and the subject. London: UCL Press.
Muller, J. (2004) "Assessment, qualifications and the National Qualifications Framework in South African Schooling." In Chisholm, L (Ed) Changing Class, Education and Social Change in Post - Apartheid South Africa. Cape Town: HSRC Press.
Pacini-Ketchabaw, V. & Schecter, S. (2002) 'Engaging the discourse of diversity: Educator's frameworks for working with linguistic and cultural difference'. In Contemporary Issues in Early Childhood, 3(3), 400-414.
Parker, I. (Ed.) (1997). Social constructionism, discourse and realism. Sage: London.
Republic of South Africa: Assessment Policy Act (1998). Assessment Policy in the general education and training band, GRADES R TO 9 AND ABET Government Gazette Vol. 402, No.
Romberg, T. A. (Ed). (1995) Reform in School Mathematics and Authentic Assessment (New York, SUNY Press).
Said, E. (1986). Foucault and the imagination of power. In D. Hoy, (ed), Foucault: A Critical Reader. Oxford: Blackwell.
Vandeyar, S. and Killen, R. (2003) "Has curriculum reform in South Africa really changed assessment practices, and what promise does the revised National Curriculum Statement hold" In Perspectives in Education, Volume 21(1), March 2003?
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A call for women professionals and experienced women to participate in a placement and exchange programme between South Africa and the United Arab Emirates (UAE) is currently being made through advertisements in print and broadcast media. Participating institutions and companies include the Development Bank of Southern Africa (DBSA), the IDT, Women in Construction, SA Women in Dialogue (SAWID), Eskom, PetroSA and Johannesburg Metro.
URL: http://www.info.gov.za/speeches/2006/06022215451002.
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Minister Didiza marked the celebration of Freedom Day yesterday through celebrating the first harvest of the Goxe Cut Flower Project at Puffaderrhoek Farm, near Kokstad. It was therefore important, the Minister emphasised, that the success of the Goxe Cut Flower Project which is aimed at improving the quality of life for the people of Goxe district be celebrated.
URL: http://www.info.gov.za/speeches/2006/06050209151003.
This endeavour seeks to establish entrepreneurs and support household subsistence agriculture in the form of the Siyazondla Programme. For the developing countries agriculture is the driving force for prosperity and food security. The advent of AgriTourism puts into perspective the development challenges that are eroding the prospects for improved rural livelihoods and the drive towards the attainment of Millennium Development Goals (MDGs).
URL: http://www.info.gov.za/speeches/2006/06011709451006.
URL: http://www.info.gov.za/speeches/2005/05120714451008.
The Department of Land Affairs cordially invites you to a meeting between the Minister of Land Affairs, Ms Thoko Didiza, and the Members of the House of Traditional Leaders in the Mpumalanga Provincial Government on 10 December 2005, at Mpumalanga Legislature Chamber in Nelspruit.
URL: http://www.info.gov.za/speeches/2005/05120913151003.
The Minister for Agriculture and Land Affairs, Ms Thoko Didiza, together with Mr Madala Masuku, the MEC for Agriculture and Land Affairs in Mpumalanga, is leading a delegation to the Food and Agriculture Organisation (FAO) Regional Agricultural Ministerial Conference for Africa and First Ministers of Agriculture meeting in Bamako, Mali.
URL: http://www.info.gov.za/speeches/2005/05120611151004.
T Didiza: Limpopo Womens Dayduring Womens Mont?
If women were to write about their involvement in nation-building, community development, moral regeneration and education, the world's perception of women would change. However, we dare suggest that history about women not written by women is unlikely to be understanding and appreciative of women's struggle and other emotions as they toil side by side with their men folk to build a future for the nation.
URL: http://www.info.gov.za/speeches/2006/06081116151001.
The appointment of new members of the Council for the Built Environment marks a milestone in the history of the council. * promote and protect the interests of the public in the built environment * promote and maintain a sustainable built environment and natural environment * promote ongoing human resource development in the built environment * ensure the uniform application of norms and guidelines set by the councils for the professions throughout the built environment.
URL: http://www.info.gov.za/speeches/2006/06092014451002.
Minister Thoko Didiza addressed various role players, captains of the industry, scholars, politicians who among others took part in a total of 100 events that were held nationwide thanks to the concerted efforts of government, private sector and public entities including the Construction Industry Development Board (CIDB), the Independent Development Trust (IDT), and the Council for the Built Environment (CBE).
URL: http://www.info.gov.za/speeches/2006/06082110451005.
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Time: 13h30 0.
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This paper focuses on one of the South African national options for the Progress in International Reading Literacy Study (PIRLS), namely the assessment of adult literacy in private and public training centres in South Africa. As a developing country, South Africa has limited access to skilled workers and the tendency is for the majority of learners to drop out of formal education for various reasons. In order to alleviate poverty and to improve the social and economic development of the country, it is essential for policy makers to determine that learning acquired through formal schooling and adult basic education is comparable. In terms of achieving education for all in South Africa (a concept introduced at the Jomtien World Conference on Education for All in 1990), frameworks such as the NQF provide a sound basis for ensuring that learning outcomes are achieved through both sectors of education.
The ABET study would aim to determine the performance of ABET learners on reading literacy as well as establishing the extent to which performance in reading literacy among ABET learners are equivalent to that of Grade 4 learners. This paper presents an overview of the study's main design issues as well as some preliminary findings from the pre-pilot study.
The aim of this paper is to analyze the extent to which assessment instruments designed and implemented at the grade 4 level in primary schools may be implemented for adult learners at the equivalent ABET level (Level 2) in order to monitor and evaluate adults reading literacy.
The importance of literacy has become evident in the 50 years since the United Nations declared it to be a basic human right along with the right to adequate food, health care, and housing. Literacy education has indeed become a tool to help address what might be perceived to be more pressing needs for food, health care and housing.
The United Nations Literacy Decade was declared for 2003 to 2012. According to UNESCO statistics, about 861 million people (or about 20% of the world's adults) cannot read or write or participate fully or optimally in the organization and activities of their societies. Of these illiterate adults, 70% live in Sub-Saharan Africa, Southern and Western Asia, Arab countries and North Africa, while two thirds are estimated to be women.
For both industrialized and developing countries literacy education is near the top of the policy agenda. UNESCO estimated that by the year 2000 approximately 1 billion illiterates remain worldwide, while the prospects of a radical improvement within the foreseeable future seems to be unlikely. The concern is that as certain parts of the world have very high illiteracy rates, these are often the same countries neither without the means to implement wide-scale and effective literacy programmes nor to evaluate such programmes. However as literacy is of central importance to development , it is these countries for whom it is critical that solutions to the problem of illiteracy be found as increasingly, it is correlated with higher levels of income and job productivity.
Why assess adult learner progress?
In his foreword for the Education For All (EFA) Global Monitoring Report 2005, the Director General of UNESCO, Koichiro Matsuura mentioned that "the quest to achieve Education For All (EFA) is fundamentally about assuring that children, youth and adults gain the knowledge and skills they need to better their lives and to play a role in building more peaceful and equitable societies" (Matsuura, 2004: Foreword).
Following the Jomtien World Conference on Education For All in 1990, member states resolved to provide Education For All their citizens irrespective of age. Six goals and targets were set with intentions for them to be met by the year 2000. For adult basic education the first goal was to reduce the adult illiteracy rate (the appropriate age group to be determined in each country) by one-half its 1990 level by the year 2000, with sufficient emphasis on female literacy to significantly reduce the current disparity between male and female illiteracy rates. The second goal on adult basic education was to expand provision of basic education and training in other essential skills required by youth and adults, with programme effectiveness assessed in terms of behavioral change and impact on health, employment and productivity (Global Synthesis, Education For All 2000 Assessment, Unesco, p.13). Although these targets were set to be achieved by the year 2000, when the time came in 2000 at the Dakar conference they were reset with a deadline for 2015. The Dakar targets for adult basic education were to ensure that learning needs of all young people and adults are met through equitable access to appropriate learning and life skills programmes; and achieving 50% improvement in levels of adult literacy by 2015, especially for women and equitable access to basic and continuing education for all adults (EFA Global Monitoring Report, 2002: 13).
In South Africa, assessment projects such as the Third International Mathematics and Science Study (now Trends in International Mathematics and Science Study) TIMSS, Progress in International Reading Literacy Study (PIRLS) and Southern African Consortium for Monitoring Educational Quality (SACMEQ) have been implemented to evaluate the quality of education provision as well as progress made in attaining specific educational goals. On the one hand they serve to benchmark the standard of education in this country with international standards. On the other hand they assist to develop education indicators in order to measure the extent to which policy goals are being met in practice to ensure accountability.
According to Crouch (a.n) education indicators are a recent phenomenon in South Africa. He argues that previously, education indicators were not used for the following reasons: firstly South Africa did not have a public vocation to accountability; secondly education was previously seen as a service rendered based on trust rather than as a co-investment to be comonitored and co-managed via partnerships; thirdly the purposes of education were too implicit, opaque, differentiated, and contested to warrant a unitary system of monitoring and evaluation; fourthly the focus of the previous education system indicators was not on delivering value-for-money; and finally there was a lack of ability to produce raw data to elaborate on the indicators of the previous education system (a.n:2 -3).
In a democratic South Africa the need for education indicators has been emphasized. According to Crouch this is because there is an idea that in a democracy there must be control mechanisms in order to self-regulate and adapt; there is also a need for political accountability and there is a need to include bureaucratic control mechanisms in a democracy. Therefore the education indicators serve as part of a feedback loop that leads to correction. They aid in detection; they also assist in establishing a social control system that is based on a measure of accountability (Crouch a.n.: 4).
While Crouch goes on to indicate the types of education indicators that have been used in education policy documents and legislation, his focus remains largely on domestic aspects that drive or represent the need for education indicators such as matric results. The reality is that even a country like South Africa has exposed itself to further control mechanisms that emanate from outside as a move to 'benchmark' itself internationally and to attract foreign aid and investment. Globalization has enabled policy borrowing between the South African government and other countries. According to Knight and de Wit (1997 in Woodhouse 2001:1) globalization refers to the increasing flow of technology, finance, trade, knowledge, people, values and ideas across borders. In education this is evident in the adoption of transnational policies such as the EFA.
The purpose of extending the PIRLS 2006 study to incorporate adult learners as well would be to determine the level of reading literacy amongst those adults attending Adult Basic Education and Training in public adult centers.
Through the National Qualifications Framework (the NQF), South Africa has an education framework that intends to compare and equate learning that was acquired through formal and non-formal schooling. As a developing country, South Africa has limited access to skilled workers and the tendency is for the majority of learners to drop out of formal education for various reasons. In order to alleviate poverty and to improve the social and economic development of the country, it is essential for policy makers to determine that learning acquired through formal schooling and adult basic education is comparable. In terms of achieving education for all (a concept introduced at the Jomtien World Conference on Education for All in 1990) in South Africa, frameworks such as the NQF provide a sound basis for ensuring that learning outcomes are achieved through both sectors of education - this implies the same quality of education, thereby maximizing access to education for all.
learners involving more than 40 countries.
Association for the Evaluation of Educational Achievement (the IEA). As an organization, the IEA undertakes international studies that benchmark performance of school-going children in mathematics, science, civic education, information, communication, technology and reading to name a few.
The reading achievement of Grade 4 learners.
Learners' competencies in relation to goals and standards for reading education.
The impact of the home environment and how parents foster reading literacy.
The organization, time and reading materials for learning to read in schools.
Curriculum and classroom approaches to reading instruction.
Currently, 46 countries are involved in this collaborative analysis of children's reading literacy and the factors that influence reading acquisition.
Africa are involved.
Processes of comprehension.
Purposes for reading.
Reading behaviours and attitudes.
Processes of comprehension refer to ways in which readers construct meaning from text. According to the PIRLS Assessment Framework and specifications for the 2006 study, readers construct meaning in different ways when faced with the task of reading. They focus on and retrieve specific ideas, they make inferences, interpret and integrate information and ideas as well as evaluate and examine text features.
Four types of comprehension processes are used in the PIRLS assessment to develop the comprehension questions derived from reading passages that are presented to learners. A range of questions, each dealing with a particular process, enables learners to demonstrate their abilities and skills in constructing meaning from written text.
Focusing on and retrieving explicitly stated information, where retrieving appropriate text from a reading passage not only means that the learners needs to understand what is stated explicitly in the text, but to also ascertain how that information is related to the information sought.
Making straightforward inference, where the construction of meaning from text requires of readers to make inferences about ideas or information not stated explicitly in the text.
Interpreting ideas and information, an interpretive process, where learners attempt to construct a more specific or complete understanding of the text by integrating personal knowledge and experience with meaning found in the text.
Examining and evaluating content, language and textual elements, which allows for reflecting on textual elements, such as structure and language, in order for the learner to examine how meaning is presented.
These two purposes for reading account for most of the reading done by young learners in and out of school. In literary reading, the reader engages with the text to become involved in imagined events, settings, actions, consequences, characters, atmosphere, feelings and ideas. The main form of literary texts when reading for literary experience in PIRLS assessments is narrative fiction. When reading to acquire and use information, the learner does not engage in imagined worlds, but with aspects of the real world by means of informational texts. By means of informational texts, the learner can understand how the world is and has been and why things work the way they do. These passages are not only aimed at the acquisition of knowledge and information, but also to assess the learner's ability to use reasoning.
Although the PIRLS assessment distinguishes between these two purposes for reading, the underlying processes and strategies readers use for both are very similar. Each of these purposes for reading is often associated with certain types of texts. For example, reading for literary experience is often associated with fictional material, while reading to acquire and use information is more likely to be associated with informa tive articles and instructional texts.
Although the PIRLS assessment takes the form of fictional passages when reading for the purposes of literary experience and articles for the purposes of reading to acquire and use information, the purposes for reading do not align strictly with these types of texts. Because tastes and preferences vary so widely, almost any text could meet either purpose.
Reading behaviours and attitudes refer to those behaviours and attitudes that would promote lifelong reading habits. The PIRLS assessment makes use of contextual questionnaires that are given to learners, Grade 4 teachers, principals and parents to gauge these attitudes and behaviours.
Following the field test that was done in March 2005, data collection for the main study took place during October and November 2005 when data was collected using a representative sample at approximately 400 schools throughout South Africa. Data was collected not only in terms of assessing learner performance on a number of reading literacy passages, but also collecting data by means of contextual questionnaires that were given to learners, teachers, school principals and parents.
The IEA encourages countries to expand their national study with so-called national options in which countries may administer a number of instruments or expand the international instruments with a number of questions addressing a number of issues or research questions that are important for the country.
In South Africa several additional components have been included in the South African PIRLS project to enhance the relevance of the project and address a number of aspects that are unique to our educational environment. These do not form part of the international part of the study.
Assessing learners for English Second Language proficiency.
Learners in South Africa begin their schooling through the medium of their mother tongue (one of the official 11 languages) and the medium only changes to either English or Afrikaans at the beginning of grade 4. The transition in the language of learning is seen as the root cause for many learners struggling to access information within the classroom. For the majority of learners (more than 70%), this additional language (usually English) is experienced as a foreign language as they seldom speak or hear the language outside the classroom. This is especially true in rural areas.
Therefore, learners were not only tested in their home language, but were also tested by means of an English Second Language test. This instrument was developed in collaboration with Grade 4 teachers and aims to assess learners' proficiency in reading English as an additional language.
Including Grade 5 learners for assessment.
The rationale for including grade 5 learners is to study the progression in reading ability from grade 4 to grade 5, given the transition of learners in the languages of learning in grade 4. The South African team tested grade 4 and 5 learners in all 11 official languages.
Assessing ABET learners using the PIRLS instruments.
The purpose of extending the PIRLS 2006 study to incorporate adult learners would be to determine the level of reading literacy amongst those adults attending Adult Basic Education and Training in public learning adult centers. The remainder of this paper will focus on an overview of the study's intended use of the PIRLS instruments to assess adult learners as well as some preliminary findings from the pre-pilot study.
The first phase of the ABET project aimed to evaluate the extent to which the assessment instruments administered to Grade 4 learners could be used to evaluate the performance of adult learners at the equivalent level. This research used selected reading passages, as used in the PIRLS 2006 study on Grade 4 learners to assess ABET learners' performance in reading literacy.
What is the performance of ABET learners on reading literacy?
What is the role of the educator in facilitating the acquisition of reading literacy in ABET learners?
To what extent is ABET learner performance on reading literacy attributable to ecosystemic factors?
To what extent is performance in reading literacy among ABET learners equivalent to that of Grade 4 learners?
With regard to the fourth question, in South Africa it has been assumed that the general education and ABET programmes are comparable and that a qualification obtained under ABET is equivalent to the general education band. Empirical research has not verified this. While the PIRLS 2006 project is mainly focused on comparing our Grade 4 reading literacy to those of Grade 4 learners in other countries, it has not yet been determined that the curriculum and learning outcomes for Grade 4 are purported to be equivalent to those of ABET Level 2 and are in fact comparable.
The objectives for the study can be outlined as follows: -To conduct a baseline survey, assessing adult learners in order to determine levels of reading literacy. Apart from ascertaining levels of reading performance, contextual data will also be collected in the form of administering questionnaires to learners, lecturers and heads of ABET centers. -To analyze collected data, aimed at, amongst others, making comparisons between adult learner performance and Grade 4 learner performance. -To write a comprehensive report outlining the findings and identifying possibilities for further research.
As stated in earlier sections, reading for literary experience involves the use of fictional passages, each with a number of questions. For the purposes of the ABET assessment, two passages aimed at reading for literary experience were deemed to be more appropriate for use with adult learners. Both passages tell fictional stories, but with a moral underpinning and the content of the stories is such that it would appeal to a more mature audience, not only to children. Following each passage, a number of multiple-choice and constructed response questions are asked. Questions each deal with a particular comprehension process as described and explained in section 3.
Section 3 also describes how, by means of the informational passages, the learner does not engage in imagined worlds, but with aspects of the real world through informational texts. By means of informational texts, the learner can understand aspects of the world by means of factual texts. These passages are not only aimed at the acquisition of knowledge and information, but also at assessing the learner's ability to use reasoning. Two appropriate informational passages were selected for the purposes of assessing adult learners.
Experts in the field of adult education evaluated the selected passages in order to assure the appropriateness of their use on adult learners. Amongst others, the passages were evaluated as follows: In terms of the length of the passages, they were found to be more than double in the length of the reading passages that are in some Level 2 English Modules and twice as long as most of the reading passages in the IEB English Level 2 examinations.
The proposed passages were evaluated favourably and could be used for ABET learners. Although they are not directly related to their lives, the situations discussed in the informational passages might not be totally outside the experience of South African ABET learners. Learners should be able to use their existing knowledge to make sense of the passages-many South African adults will know something about sharks and shark attacks on swimmers. Likewise, the hiking passage could be of interest to some ABET learners, many of whom would be able to relate to the discussion on physical fitness.
The literary reading passages were evaluated as texts that could be understood as stories, but that also act as an allegory for human behaviour and a means of teaching children social and moral skills. The first selected passage was appropriately evaluated as an African folk tale that could appeal to adults, while the second passage could be problematic, since it is a children's story told from the perspective of the animals that can talk. The reference to wolves in the story might also not be a familiar animal to which learners in South Africa would be able to relate.
While simple sentences are used in all the passages, there are also many complex and fairly lengthy sentences occurring in the passages. For adult Level 2 readers, long complex sentences that contain too many ideas should be avoided.
Evaluators identified many words and phrases that would be unfamiliar to ABET Level 2 learners e.g. pandemonium, perplexed. ABET learners would not use them in their daily lives nor would they be likely to come across them when reading, listening to the radio or watching television. It was suggested (similar examples are found in IEB exams papers) that a glossary of unusual or difficult words and phrases is provided as this helps ABET learners to make sense of the text. Without such a learning aid, ABET learners often waste valuable time unsuccessfully trying to make sense of a particular word or phrase and thus may become very frustrated and demotivated. Level 2 learners and above do not always read through the whole passage and try to infer the meaning of unknown words and phrases from the rest of the text.
Based on the evaluation of these passages, an outline and detailed description of the types of comprehension processes referred to in the PIRLS assessment. This was used as a basis for devising a breakdown of ABET Unit Standards, Specific Outcomes, Assessment Criteria and specific levels at which these occur for each of the items in each of these passages. The assessment framework therefore not only makes reference to the PIRLS framework, but also links each item to the ABET Unit Standards and Assessment Criteria for the purposes of this study.
In light of predictions from various experts in the field and the above mentioned criticism on the appropriateness of the use of PIRLS instruments in the assessment of ABET learners, a pre pilot study was conducted early in March 2006. The rationale behind the pre pilot was not to gather data from a scientifically selected, representative sample, nor was it to use the results from gathered data to make generalizations. Instead, the pre pilot was merely conducted to gauge how a small sample of adult learners would react to and perform on the PIRLS instruments. This would provide preliminary 'evidence' that would either support or refute the predictions made by experts in the field.
The following section will aim to describe the procedures followed during the pre pilot, as well as some preliminary results.
Early in March, 2006 a sample of 30 ABET learners from a public Adult Education Centre situated in Katlehong on the East Rand of Gauteng were assessed in English using the selected PIRLS passages described previously. The centre serves a wide area of learners, both school going and from the ABET sector. The principal of the centre agreed to allow the assessment of the learners therefore the selection of this centre is based purely on convenience and not on scientific selection.
The adults participating in the assessment ranged in ages from as young as 14 to as old as 60 years of age. In total, 30 learners were assessed, 11 of who were male with the remaining 16 being female. Of these 30 learners, 12 are in the process of completing ABET Level 3 education-the other 18 learners are all on ABET Level 4. This sample of learners does not match the intention of assessing adult learners at ABET Level 2. Due to unforeseen circumstances, Level 2 learners were not available for testing on the evening of the visit to the adult learning centre. When Level 4 learners availed themselves for testing, a decision was made to test these learners instead of returning from the field empty handed. All these learners have employment as blue collar workers and their motivation behind attending ABET classes ranged from purely self-improvement reasons to being better able to procure more suitable employment.
The same procedures as prescribed by the IEA for data collection during the PIRLS assessment of Grade 4 learners were followed during the assessment of the adult learners.
Each learner was given a test booklet, containing two reading passages with questions to complete. It was ensured that learners sitting next to each other received different test booklets-in this way, any possibility of learners copying from one another are eliminated.
Directions (as provided of the first page of each test booklet) were explained to learners orally. Particular attention was paid to example questions to ensure that learners understood the type of questions they would be expected to answer during the assessment. Strict timekeeping procedures followed the moment learners were ready to begin the assessment. In order to complete the first passage, 40 minutes was allowed. Learners were not allowed to continue with the second passage should they complete the questions to the first passage within the allocated time. After the first 40 minutes elapsed, learners were allowed a 10minute break-although learners were allowed this break, nobody made use of the opportunity and testing continued for the second passage. Again, 40 minutes was allowed for the completion of the second reading passage. After the elapse of this second session, the assessment was concluded.
For the duration of the assessment, learners were allowed to ask questions should anything be unclear. Very little assistance however was allowed, especially where learners requested assistance with their answers. In most cases, learners could only be told to write down what they think would be right or appropriate.
The title of this paper may lead the reader to believe that this paper will provide a comprehensive account of adult learner performance. Rather, the emphasis is on the quality and appropriateness of the intended use of PIRLS instruments on adult learners and not adult performance as yet.
In light of the small sample size, results of adult performance on the selected reading passages will be restricted to a discussion of item difficulties. These difficulties should provide an indication of the proportion of adult learners who were able to provide correct answers to the questions they were asked on each of the passages.
Of the 30 learners who were assessed, not many were able to complete the questions given the allocated time in which to do so, therefore booklets were returned with a very high nonresponse rate. For the purposes of this pre-pilot it was decided to keep to the prescribed times as set by the PIRLS assessment (40 minutes for each passage). In addition, time was constrained since learners were only available from 18:00 to 20:00 in the evening.
Non-responses imply that learners simply ran out of time and couldn't respond to the questions, or learners simply did not make any attempt to answer the questions, even if they had enough time to do so. For this reason, difficulty values will be reported on in two ways-firstly, those values derived from all learners (responses and non-responses) and secondly those difficulty values as derived from only those learners who attempted to provide answers (non-responses therefore excluded from the calculation). Items with a significant improvement in difficulty value (for example in cases where the item changes from a difficult to an easy item) when calculated in these two ways are highlighted in the tables below.
A total of 15 learners answered questions contained in booklet 1. These learners ranged in age from 18 to 53 and included 5 males and 7 females. The first reading passage consisted of 7 multiple-choice items and 5 constructed response items. The second passage also consisted of 7 multiple-choice items, but 6 constructed response items.
Ideally, item difficulty values should include items from a range of easy, medium to difficult items. Easy items would typically be those that more than 70% of learners are able to answer, while medium items would include those items where between 40 and 60% of learners are able to provide correct answers. Difficult items fall in the category of 30% and lower and would therefore include those items that only a few learners are able to answer correctly.
Tables 1 and 2 indicate difficulty values that would suggest ve ry high difficulty values for each of the items found in the two reading passages contained in booklet 1. This means that a very low proportion of learners were able to answer any of the given items correctly. Values range from 0 (where none of the learners were able to provide the correct answer to a specific item) to only as high as 0.40 (implying that only 40% of learners were able to answer an item correctly). A slight improvement in difficulty values occurs when those learners who failed to respond are taken out of the equation. An increase in difficulty value in these cases, however, should be interpreted with caution. Learners who actually responded to items were very few. When calculating difficulty values when only making use of those learners who responded, a difficulty value is derived from literally only 3 or 4 responses. Therefore, the marked increase in performance on some items should not be interpreted in isolation from this fact.
As was the case with booklet 1, a total of 15 adult learners were assessed using booklet 2, which contained two informational passages. Learners' ages ranged from 14 to 60 years of age, 6 of who were male and 9 of whom were female.
Similar to the passages in booklet 1, the performance on items in passages in booklet 2 was very poor. With the exception of item 4 of informational passage 1 (where 60% of learners provided the right answer), item difficulties again are well below 40% in most cases, meaning that very few learners were able to provide correct answers to any of the given items. With the removal of non-responses, item difficulties seem to improve, thereby implying that learners who provided responses to the questions were able to either answer the multiple choice questions correctly, or were able to obtain full or partial credit for the constructed response items. As mentioned earlier, this improvement should be interpreted with caution given the low number of responses the difficulty value is derived from.
The aim of this paper was to analyze the extent to which assessment instruments designed and implemented at the grade 4 level in primary schools may be implemented for adult learners at the equivalent ABET level (Level 2) in order to monitor and evaluate adults reading literacy.
As mentioned in earlier sections, this pre pilot study was merely conducted to gauge how a small sample of adult learners would react to and perform on the PIRLS instruments. Given the small sample of adult learners that were tested, the above mentioned results of their performance on the selected reading passages were restricted to a discussion of item difficulties. Although basic in nature, these item difficulties provide a preliminary indication of how adults might perform on the PIRLS instruments.
When looking at the information provided in table 1 to 4, it becomes clear that the adults in this small sample found the items to the passages very difficult. Very few learners were able to provide correct answers on any of the given items, regardless of whether items were multiple choice type questions or constructed response items. A high non-response rate also applies to this sample, where many booklets returned without the learners having even attempted to answer the questions. In fact, of the 30 learners, only 2 learners managed to complete the questions to both reading passages.
Some observations were made during and after the assessment that deserve mention here. Firstly, adult learners seemed to ask the same type of questions than those asked by the grade 4 learners. For example, during data collection for the main study, grade 4 learners often put up their hands and asked assistance in answering the multiple choice questions. So too did they often inquire as to whether they were supposed to answer the questions after reading the passage. Another frequent occurrence was found where learners wrote 'answers' in the spaces provided in the example questions - even when emphasizing that those only served as examples, some learners still completed these questions. These are but few examples of what frequently occurred among the grade 4 learners. These types of questions however also occurred in exactly the same fashion among the adult learners in this sample. Of note was also the fact that adult learners (to a greater extent than the grade 4 learners) didn't seem to understand that the questions asked after each passage pertained to that reading passage. Purely based on observations made during the assessment it became clear that the adult learners did not seem to be familiar with comprehension tests, despite assurance given by their teacher that these learners have in fact been exposed to it. It also seemed that adult learners were less comfortable to work on their own and less familiar with completing a task independently of others.
Upon completion of the assessment, learners were asked about their experiences of the test. Interestingly, the majority of learners indicated that they found the test rather easy and enjoyable and most of them expected to do well. There seems to be somewhat of a gap in terms of how learners perceive their own performance to what it actually is. Learners were also asked whether they would have preferred the test to be in their mother tongue (in this case some Zulu and Tsonga learners were present). Unanimously, learners indicated their preference for English, saying that it is the language of business, which they should get to know.
In light of the results that seem to indicate that adult learners find the PIRLS passages very difficult to complete, the way forward for this project lies in designing an assessment instrument where aspects of basic and functional literacy are included as well. In assessing basic and functional aspects of literacy, one might be able to gain more insights in terms of gauging where adult learners are and how well they can read. The results of such an instrument might prove to be more meaningful instead of exposing adult learners only to the PIRLS passages, which they do not seem able to do.
For the remainder of the year, a pilot project using a larger sample of adult learners is planned, using an instrument that would incorporate both items to measure functional and basic literacy as well as selected PIRLS passages. A pilot study would allow for the refinement of the instrument, upon which a full scale, main study could be conducted within 2007.
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It is indeed a privilege for me to address this gathering this morning. As we all know the month of July is national savings month. Although this may not signify a specific event in our past, savings are most certainly crucial to our future.
The importance of savings for growth has often been mentioned in academic literature. As with most things academic, there are arguments and counterarguments. Some may argue that the empirical evidence is ambiguous as to whether savings leads to growth or vice versa.
Arguments about causality aside however, what cannot be disputed is that savings are an integral part of promoting growth and development, and that without savings, wealth and capital investment are likely to be compromised.
It is with these considerations in mind, that we must view South Africa's declining gross savings ratio with some concern. Though Government has done well to reduce its dissaving, and corporate savings remain reasonable, household saving has shown significant decline over the past two decades.
In aggregate terms, South Africa's savings ratio peaked at 26,7% of GDP in the early 1980s. The latest estimates of gross savings put the figure at 13% of GDP; which lags other emerging markets such as China where the savings rate is in excess of 40% of GDP. Of particular concern is the low household saving rate which is at a record low of approximately 0,2% of disposable income.
Of course, complexities underlie these simple statistics, but they do cast a powerful picture. The level of household debt as a percentage of household disposable income now stands at 68%. The access and usage of credit continues to grow, despite warnings by the Reserve Bank Governor that households should use the opportunity of a low interest rate environment to pay off debt.
It may be a natural consequence that household saving in South Africa would fall since democracy, given that a large proportion of the population was previously excluded in terms of access to credit, housing finance, job opportunities have increasingly gained access to these. However, this is not the entire picture, as the vast majority of the South African population still struggles against absolute poverty.
ability to save are low.
Yet even amongst low income households, mashonisas and micro-lenders thrive.
Surely, if one has the ability to repay a micro-loan, then one also has the ability to save when not paying such a loan.
It is also encouraging to see that some banks have launched savings schemes and products that take on board the collective savings of burial societies and stokvels. The uptake in Mzansi accounts, which now stands at approximately 3,3 million, indicates that even though peoples' incomes may be low, they are still willing to save. Of course, the increase in Mzansi usage also shows that consumer confidence in the banking sector is increasing, especially for those previously unbanked.
Commission to look into the costs structure of banks will lead to some relief to consumers. Initiatives to introduce further competition into the domestic banking sector will, I am sure, inevitably lead to a reduction in bank fees.
It is this willingness to save that should be nurtured, and where a culture of savings does not exist, it needs to be fostered.
and to finance unexpected losses of income.
Unfortunately, often the importance of saving for some or all of these motives only arises when the actual need arises. Adequate and prudent savings however takes dedication and should be viewed as a medium or long term activity.
From the point of view of Government, policy should assist in the achievement of these objectives, given the broader social and economic advantages to increasing savings. Initiatives such as the RSA retail bond are a positive step by Government to increase access to a cost efficient savings vehicle which provides a decent return for the capital invested. At the moment, the total investment in retail bonds is approximately R1,8billion.
Initiatives such as these and recent developments in the retirement annuity industry have begun to address some of the inefficiencies and opaque business practices built up in the financial sector over decades of apartheid and economic isolation.
The introduction by Government of the retail bond saw interest rates on medium and long term bank deposits increase almost immediately, as banks realised they had to be more competitive in order to attract savers. With regards to retirement annuities, poor disclosure and the high cost of products has focused attention on the need to revamp the industry in order to restore confidence to the long term contractual savings market.
The debate surrounding the reform of our retirement funding system also places the issue of long term savings firmly in the spot-light. The need to adequately provide for retirement is fundamental to the individual and from a macroeconomic point of view, to the economy. In a move to spur retirement savings, Government announced in February's budget a reduction in retirement fund tax from 18% to 9%.
But it is not merely Government and the financial sector industry which need to recognise the importance of increasing domestic saving. Individuals themselves need to take responsibility for planning their own future. This means empowering oneself with financial knowledge and demanding explanations from service and product providers where one is unsure or does not fully understand.
Financial education and financial literacy at a basic level needs to begin in schools. We have to start building and changing mindsets now, because making consumer education truly effective will not occur overnight and is in fact a multigenerational project. It is in this space that South African Savings Institute makes an important contribution to promoting a culture and an awareness of the need to save. The month of July should not merely be the month of savings, but the start of a habit of savings for those who are not currently doing so. It should begin with ourselves, our family and our friends. Let savings be the diamonds on the soles of our shoes. One way to lose our savings blues and certainly we have nothing to lose.
<fn>GOV-ZA.2006063001En.2012-02-10.en.txt</fn>
The Interest Rates are priced off the government yield curve, and will be changed if the yields of the RSA Government bonds move (negatively or positively) by more than 50 basis points.
The Prevailing Interest Rates are applicable from the first day of the month (1st July 2006) until the last day of the month (31st July 2006).
2-year Retail Bond: 8.00% 3-year Retail Bond: 8.25% 5-year Retail Bond: 8.
<fn>GOV-ZA.2006070701En.2012-02-10.en.txt</fn>
The Honourable Trevor A.
Thank you for inviting me to address you today.
This year marks the tenth anniversary of my tenure as minister of finance of the Republic of South Africa - a ten year period that has been marked by international financial crises, preceded ominously two years earlier by the 1994 crisis in Mexico, continuing through the Asian crisis in 1997, and the Russian crisis in 1998, and flaring up again in 2001. Large shifts in investment portfolios have sparked contagion again this year, prompted by inflation concerns and interest rate hikes in the world's largest economy - and supported by unprecedented current account deficits and surpluses across the major world economies.
1 The US current account deficit in 2005 was 6.4 percent of GDP or US$804 billion. The budget deficit, although not unprecedented, was 4.3 percent of GDP, or US$564 billion.
special challenges for the developing world.2 I want to speak to you today about some of those challenges.
In doing so, I want to venture into difficult terrain for governments - to provide some perspective on the case for an organic and national policy response to the international environment, and to globalisation in particular, that takes advantage of the vast gains to be had from economic integration. And I want to make a case that is cognisant of and sensitive to the responsibilities of national governments and the power of the state in the face of globalisation's risks. Above all, this perspective must strive for a positive contribution from markets and states to the fulfilment of human economic, cultural and social development.
This latter goal merits further consideration, not least because it in some senses captures the essence of what elected governments ought to be about. Economics and finance are of course critical areas of public policy, and human welfare has increased as a result of the application of economics to social organisation as well as relations and a wide variety of other public issues. Nonetheless, we need to remain conscious of the temptation to too fully apply the logic of the market to all human endeavours.
We live in a time in which the virtues of 'economic man' are lauded above most other facets of humankind - often to the detriment of our fully comprehending and ensuring the role of community and state in public policy. This has implications for how state and market are organised at the domestic level and the institutions that give life to both, for regional initiatives to create cross-border economic activity, and for what we do as an international community to address poverty through aid and the international financial system.
In the 1940s Karl Polanyi wrote about another period in our history where we allowed economics to over-determine social relations - he described how radical liberalism of the 19th Century denied the "reality of society" and enabled an unprecedented creation of wealth in the hands of elites.3 In his view, the unemployment and destitution that was an integral part of that wealth creation (and the shift from agricultural to industrial societies) resulted eventually in the misery of fascism in Europe. History's lesson was of the need to prevent the aggregation of social and economic power in the hands of too few, by regulating economic power in a way that maximises the freedoms of those without power.
2 The global imbalances are caused by positive shifts in saving (higher foreign reserves and lower budget deficits) and negative shifts in investment in countries outside the US, negative shifts in saving (a larger budget deficit and household debt) and positive (though mild) shifts in investment within the US, and portfolio shifts toward US assets (which help to perpetuate the imbalances). By themselves, budget deficits should lead to higher interest rates or a weaker dollar. However, portfolio flows to the US are keeping interest rates artificially low. See Olivier Blanchard, "Notes on global imbalances," IMF Conference on Global Imbalances, April 2006.
3 Karl Polanyi, The Great Transformation: the political and economic origins of our time, (1944).
sustainable way between the rights of the individual and those of community and society.
From a practical point of view, such balances that Polanyi emphasises are difficult to achieve. In a range of European countries in recent decades, the challenges presented by inflation, unemployment and globalisation have made many people question the basic social balances achieved in the post-war era. Offshoots of that questioning include the difficulties experienced in the banlieues of Paris and the insecurities expressed around immigration and migration across the north.
For most developing countries, the articulation and implementation of a balanced public policy is an ongoing and relatively recent endeavour. For many African countries, policy is addressed in an environment of extreme deprivation, skills shortages and weak public institutions. Overcoming those constraints requires broad-based economic growth alongside the imposition of short-term costs that can be alleviated by policy. These 'core and periphery' challenges remain profound for countries that have no public systems for providing the sort of financial or in-kind transfers required to address the needs of those people too old, young, or poor to adapt well to change.
Microeconomic policies to facilitate the shifting of people from old and noncompetitive industries to new industries and new forms of economic activity are clearly important.5 Such policies entail assertive re-skilling, high quality education, and access to social and other forms of capital to help and enable individuals to take advantage of new economic opportunities.
But such policies also entail the movement of people out of established and older communities and livelihoods and into new ones - repeating the conditions of social dislocation and misery described by Polanyi, which involved enclosure and the movement of people from rural to urban settings. And if there is one thing we know about societies it is that few of them embrace change as a way of life. Economic and social dislocation is experienced in the present, while the rewards of growth only in the future.
The distress of African economies and societies means, moreover, that the universal political calculus of assessing who reaps the rewards and suffers the costs of policy change is insufficient. A further delicate calculus is required to assess just how much instability an already fragile economic and social fabric can withstand. Will the political reaction to a reform confound the reform process in its entirety?
4 Issues around conditionality also impact on the interest of developing country governments to address these issues.
#22, January 2003.
5 Dani Rodrik, "Development strategies for the next century" Harvard University, February 2000.
The good news is that economic reform need not follow the standard Washington Consensus approach, even though most of the policies entailed in it are good for growth in themselves. The point is simply that since the 1980s, research on growth has generated lots of heat but also interesting perspectives. As Rodrik has highlighted, institutional development in an economy need not follow one model and is more likely to be successful if it respects and adapts to local characteristics. And many of the instances where countries successfully and sustainably increased the rate of economic growth, they frequently did it by targeting particular constraints to growth through quite limited reforms.
Clearly, the state has an active role to play in most aspects of economic development, particularly in the ongoing effort to ensure that markets are efficient. But to be able to fulfil that regulatory role, Africa's states need to radically increase their capacity to define appropriate policies and to implement them. Institutional development is a prerequisite for policy definition and even more so for implementation. Regulatory systems and public institutions require the consistent application of skills and intellectual capital to create them and to sustain them. These are resources that are in short supply in developing countries, and in Africa in particular - suggesting the importance of the sustained provision of financial assistance and other means of freeing up resources for development.
As hard as it is to achieve, the world urgently needs a combination of substantial foreign aid in the form of grants, perhaps at least twice the amount that is currently available, with a mechanism to ensure that these resources are actually put to good use. There is really nothing that automatically leads to the inclusion in the world economy of countries that have been marginalised by history, geography, civil war, governance failures, and/or foreign power struggles on their soil. Globalisation does not "work" for these countries China and India can use the apparatus of the nation-state to "create" linkages between their own prosperous regions and their poor regions. Somalia and Sierra Leone can do very little on their own to create equivalent linkages between themselves and the dynamic parts of the world economy.
Developing appropriate and effective state institutions will help developing countries to better address their international challenges. Yet many deplore the risks associated with globalisation - with economic integration and international finance - despite the potentially dramatic and positive implications for economic development.
6 Dani Rodrik, "Getting institutions right," Harvard University, April 2004.
7 Kermal Dervis with Ceren Ozer, A Better Globalisation, Center for Global Development, 2005.
economy, just as they need to maintain macroeconomic policies that limit fiscal deficits and the build-up of debt.
I have suggested that the development of domestic markets is needed in African economies. But it is also true that African economies are small - the South African economy with a GDP of about US$235 billion constitutes three-quarters of the GDP of Sub-Saharan Africa.9 For that reason, regional and continental integration of markets is critical to market development, growth in nascent industries, and for diversification. Without serious advances in trade integration, Africa's economies will remain at the mercy of destabilising terms of trade shocks and other asymmetric shocks that can set development back by decades.
Yet to address those shocks and enable more appropriate trade regimes in Africa, related public institutions and systems again require extensive development. Most African economies retain fairly high trade barriers because of weaknesses in revenue collection from other forms of taxation. Reducing trade barriers, therefore, needs to be achieved alongside the development of effective revenue administration. Financial shocks emanating from the cessation or sudden resumption of foreign aid are also often destabilising, especially for African economies, because even small imbalances can disrupt thin markets, and because the adjustment process is often impeded, rather than facilitated, by the policy response.
In particular, adjustment processes usually place the burden of adjustment on politically under-represented social groups, leading to an increase and perpetuation of poverty. Some marginalised groups become permanently locked out of economic opportunity, distorting the distribution of income, reducing the potential growth of the economy, and giving rise to political instability.
Many of these sorts of political economy challenges would be made more tractable if the global trading environment supported production and exports from developing economies. Subsidies and protection perpetuates the dependence of African economies on colonial-era trading relationships and undermines the independence that most countries need to sustain development.
One means of addressing the dependence problem would be for Africa to coalesce national economic demands into politically sound regional economic institutions. This would provide Africa greater institutional leverage to address the need for a fairer global trade regime, some capacity to address the impact of capital flows, and reform of global economic governance.
I want to also suggest, and running contrary to much of the public discourse on the topic, that national sovereignty may be enhanced through integration, despite the piecemeal loss of sovereignty in some areas.
8 Dani Rodrik, "Rethinking economic growth in developing countries," Harvard University, October 2004. 9 Compared for interest with the annual revenue of Citigroup in 2005 of US$83.6 billion.
of globalisation, this thesis seems to me to hold even more strongly - globalisation can be addressed in regional and global institutions in such a way as to increase the power of states and better reflect the social and economic preferences of their citizens.
This idea seems especially pertinent and potentially rewarding in a regional context. Limited infrastructure, non-existent regulation or limited enforcement capacity, thin and undiversified markets for finance, goods and services all limit the extent to which African economies develop. Deeper regional cooperation could occur by basing regional economic communities in Africa on free trade agreements and customs unions of regional neighbours, and then progressively linking them to each other through phased reduction of tariffs and non-tariff barriers.
The practice of trade policy and its outcomes across the continent is of course diverse. While some regions remain in low-level equilibria, others have made great strides in bedding-down policy, creating better regulation and achieving macroeconomic stability, and are reaping the rewards in terms of higher investment and more rapid growth.
To get some sense of the macroeconomic improvement, the average inflation rate for Sub-Saharan Africa from 1995 to 2005 was 18 percent.10 By 2005 this had fallen to 11 percent, and is expected to be about 8 percent in 2007. The average budget balance in the region is expected to be a surplus of 2.1 percent in 2006. And average GDP growth for 2005 was 5.5 percent and is expected to be 5.8 in 2006. Greatly improved macroeconomic performance will translate into rising employment and income over time, but remains insufficient to address the enormity of the poverty problems affecting the region. Roughly half the population continues to survive on less than $1 a day.
While the developing world has largely embraced the need to shift to open economies, greater competition, and the risks associated with getting policy right or wrong, the developed world continues to flirt with the opposite. Non-tariff barriers - such as phytosanitary criteria - stifle production in developing countries. The lack of progress on the current Doha round of trade talks reflects a disturbing level of insecurity about the economic future in developed economies.
Multilateral trade relationships also require a change in focus. Africa's approach to the WTO needs to emphasise long-term gains from progressive liberalisation, supported by the specific effort to remove trade-distorting subsidies in developed economies.
10 Average inflation for the SSA region peaked at 61 percent in 1994. IMF, WEO 2006. 11 According to a recent study, reduction of merchandise tariffs by developed countries and middle income countries, along with the decoupling of agricultural support and an end to agricultural export subsidies, would produce additional income for developing countries of nearly $350 billion, and would reduce the number of people living below the extreme poverty line of $1 per day by 61 million by 2015.
momentum to efforts to rationalise Africa's regional trade blocs and lower tariffs remaining between the blocs.
The role of government in the economy therefore remains central to the task of making markets work for local communities and those without capital. Markets need to work with less rent-seeking and more efficiency as a policy rule to maximise investment, employment and growth in income. More generally, geographic and man-made constraints to growth should be priority targets for most African governments.
And in terms of the continent as a whole, public infrastructure development should be more aggressively aligned with the evolution of population centres, rather than remain relics of antiquated and obsolete colonial economic relationships.
In some regions of Africa, farmers lose as much as half of what they produce for lack of adequate post-harvest storage. Across the region, women and girls currently walk an average of six kilometres to collect water. The life of those living in urban slums is made still worse by the lack of infrastructure - only seven percent have access to sewerage services for example, leading to economic costs in terms of health and lost work hours.
Infrastructure needs have become more pressing as China, the US and other major world economies focus their attention ever more on Africa as a provider of raw materials. African countries need market development, efficient and fair public institutions and leadership, and major communications and transport infrastructure that reflects African economies, not just the needs of the world's greatest commodity importers.
and in part on how African states align policy for economic development beyond the production of commodities. In addition to institutions and markets, another key area of work is addressing the challenge of international finance, to which I now turn.
Some of the basic concerns raised by Polanyi about the role of public policy in national economies have regained their former importance because of the expansion of financial and capital markets.
12 Commission for Africa Report, page 233.
Not unlike the 19th Century, free flows of capital today play a major role in determining what happens in national and regional economies. And although most of the developed world has moved to floating exchange rates to create room for manoeuvre relative to the international financial and capital markets, interaction with those markets remains largely mediated by fixed exchange rate policies in most of the developing world.13 We should refresh our understanding of the burden of fixed exchange rates on policy orientation and the internal functioning of developing economies.
Currency had become the pivot of national politics. Under a modern money economy nobody could fail to experience daily the shrinking or expanding of the financial yardstick; populations became currencyconscious.
The international market forces that national governments contend with today are dynamic and dwarf public resources - daily turnover in global foreign exchange markets increased by nearly 40 percent in real terms between 2001 and 2004 to close to US$2 trillion. The South African rand share of total foreign exchange turnover doubled from 2001 to 2004 to nearly 1 percent.
One of the key realisations in the aftermath of the Asian crisis (and reinforced by Argentina) was that different approaches to exchange rates and domestic regulatory institutions and governance matter, not just for prevention of crises but also for their resolution and the recovery of the stricken economies. To get a handle on domestic weaknesses that make economies prone to crisis, a range of emerging market economies were invited to the discussions on prevention and resolution and helped in the formulation of new codes and standards.
At the same time, the international monetary and financial architecture that we have had since the creation of the Bretton Woods system has not kept pace with developments in these vast international markets. Regulation and systems for addressing market turbulence and failure are not adequate to the task they are confronted with.
13 Inflows and outflows of capital (like shifts in stocks of gold under the 19th century gold standard) force domestic economic adjustment in countries with fixed exchange rates by directly decreasing or increasing the money supply and interest rates.14 Before dropping somewhat in 2005. See the Bank of International Settlements (BIS) Triennial Central Bank Survey (released in March 2005).
do occur, or even to materially help national governments to minimise the damage caused to economies by them.
The logical extension of the new role of emerging market economies and other developing countries would have been to reform the governance of multilateral institutions to enable them to take part in the decision making of those bodies. Not only would this strengthen reform efforts, and reduce the contingent costs of future crises, but would also strengthen the legitimacy of those institutions in other parts of the developing world - thereby helping to start developing countries on the right institutional and policy footing as they develop into emerging market economies.
The issue of the legitimacy of the international financial institutions (IFIs) becomes ever more salient when the costs and benefits of appropriately overcoming the problems of core and periphery are considered. How do the IFIs 'sell' the sort of radical policies that may be needed to help the rural Sahel dweller cope with economic change when their very legitimacy is so easily put into question How effective is policy advice on the choice to privatise, corporatise, or to nationalise when too often it appears to be driven more by the prevailing political diet rather than a pragmatic assessment of the issues and a clear sense of the long-run public interest?
The impact of certain 'ideas' on advice can run far beyond what is necessitated by the logic of the original insight. To give an example, the IMF continued to advocate the adoption of fixed exchange rates for smaller economies long after there was evidence that international financial markets could distinguish between good and bad performing small economies - and hence small economies could attract more capital inflows by running more sound macroeconomic policies, in contrast to the prevailing wisdom of needing to "import credibility." The 'impossible trinity' wasn't broken in the process, but increasingly sophisticated and liquid financial markets in practice meant that the monetary choice for smaller open economies was no longer so biased towards giving up monetary sovereignty.15 Smart policies could lower risk premiums and the interest rate spread paid over US treasury bills.
While the rapid development of international financial and capital markets makes life more risky in the sense that more is at stake, they also enable policy choices to be made that in the past were not possible.
15 And in some sympathy with Stanley Fischer's "corners hypothesis" it also seems true that countries trying to manage somewhere between fully fixed and fully floating exchange rate regimes were at larger risk of international financial contagion, in part because investors' assessment of policies and decision making can be subject to significant error.
[] The point is that you can't have it all: A country must pick two out of three.
or Canada); or it can choose to leave capital free and stabilize the currency, but only by abandoning any ability to adjust interest rates to fight inflation or recession (like Argentina today, or for that matter most of Europe).
than ever before to exercise their responsibilities to pursue economic development in the public interest.
The IMF and the World Bank should, at the very least, be at the forefront of efforts to help emerging market economies and developing countries to overcome the constraints they face in accessing international capital or in responding to large and rapid inflows and outflows of capital. Few developing countries can borrow in their own currencies.16 Borrowing costs can fluctuate greatly, especially for those countries borrowing in dollars. In the event of a currency crisis, interest payments in foreign currency rise, causing deeper recessions. Estimates by Hausmann and Rigobon show that after shocks debt to GDP ratios in a large sample of developing countries have risen 10-20 percent higher than would have been the case with debt denominated in local currency.
One way of dealing with this was the Argentine approach of using a currency board, but this meant, as with any fixed exchange rate regime, that Argentina was adopting US monetary policy. In the 1990s, US dollar appreciation from massive and sustained capital inflows enabled the US to keep interest rates low, but reduced exports. High productivity growth in the US kept the economy growing, but the same could not be said for countries with dollar-debt. Slower growth in exports and lower productivity meant that those countries' service costs rose, and when growth slowed their debt and macroeconomic policies became less sustainable or unsustainable.
At the same time, foreign debt makes it difficult to improve export growth through real depreciation of the exchange rate because the depreciation increases the debt burden and the cost of servicing it.
The upshot is that high foreign currency debt severely constrains policy - both fixing the exchange rate and deliberate depreciation can lead to crisis. All of this is exacerbated by the premiums developing countries are required to pay in order to borrow at all, which for stable emerging market borrowers over the past two years have fluctuated between 200 and 500 basis points above the yield on US Treasuries.
Now, consider the problem of African countries that depend on commodity exports, or any small number of exports that constitute the bulk of export earnings. With commodity prices declining over the past several decades, many developing countries don't even need to incur more foreign currency debt to become unsustainable - the trend decline in commodity prices does it for them at any given level of debt.
16 Barry Eichengreen and Ricardo Hausmann have termed this "original sin."
"Original Sin: The Road to Redemption," October 2003.
17 Ricardo Hausmann and Roberto Rigobon, "IDA in UF: On the benefits of changing the currency denomination of concessional lending to low-income countries," draft paper.
18 So long as it is not offset by lower inflation, lower productivity growth in one country in a fixed exchange rate regime results in a real appreciation of that country's exchange rate, reduced competitiveness and lower profitability.
In recent years, increases in debt predicated on a greater ability to finance repayments as a result of much higher commodity prices merely makes the problem even more pertinent - what will happen in the next few years if and when commodity prices fall19 From historical perspective, the lessons are evident. Oxfam's assessment of the effects of declining coffee prices on the Ugandan and Burundi economies is worth reviewing.20 Burundi depends on coffee for about 80 percent of their total export revenue, so that a cut in prices of 50 percent results in a drop in total export revenue of 40 percent. Over the past year, the price for copper has increased by about 93 percent and by 52 percent since December 2005, vastly increasing the terms of trade of countries like Chile and Zambia and the contribution of copper to national income - but also creating the risk that inappropriate use of the increase in national wealth will end in economic disaster?
The dependence created by the inability of developing countries to raise foreign debt in their own currency could be broken in various ways. Some analysts have suggested that the International Development Association (IDA) lend to developing countries using an inflation-indexed domestic currency unit of account.21 This could be created from a basket of developing country currencies in order to spread risk, and would require only a very marginal increase in yields to compensate for the additional risk. In times of economic stress, debt burdens would not rise, GDP would be less volatile, and overall welfare significantly improved.
The African continent in particular is highly vulnerable to shocks, be they a sudden drop in the price of an important export commodity, a drought, or exchange rate devaluation. The frequency and severity of shocks has been growing. For example, a Commission for Africa background paper pointed out that 44 African countries have suffered natural disasters in the last 10 years. 22 In addition, 28 African countries are judged to be potentially vulnerable to aid shocks, due to their high aid dependency ratios, and 24 countries are very vulnerable to export shocks, because they depend on only one product for more than 50 percent of their export revenues. And at least 13 African countries have suffered foreign private capital crises over the past 10 years.
Mechanisms for addressing volatile prices for goods on which many countries' economic fortunes are largely or wholly dependent would seem to be a useful thing for the IFIs to focus on, even if not especially novel. At the same time, forms of financial assistance to address balance of payments crises of a broader nature - such as those initiated by financial contagion - should be an important aspect of any serious effort to revamp the tools of the IMF.
19 This need not be a short-term nominal decline, it can also be a more drawn-out real price fall.
20 Oxfam, Mugged: Poverty in your coffee cup, or "Europe and the coffee crisis: a plan for action," OXFAM Briefing Paper 36.
21 Ricardo Hausmann and Roberto Rigobon, "IDA in UF: On the benefits of changing the currency denomination of concessional lending to low-income countries," draft paper.
22 Martin and Bargawi (2004). Protecting Africa against "Shocks", Africa Commission Background Paper.
The importance of addressing the international environment has been deepened by globalisation, forcing states to adapt to fulfil their old functions. For African states to balance the distribution of economic burdens and opportunities requires creativity and active, capable state institutions - governance reforms and technical capacity building should go hand-in-hand. They need to be inventive and devise new policies and new ways of resolving the problems caused by globalisation - achieving the balances highlighted by Polanyi of providing economic security and income stability at the same time as they encourage economic activity.
Chalmers Johnson's 'developmental state' - implying conscious proactive policy articulation and implementation - is a useful model for most developing countries, in part because of the need to prevent domination of underdeveloped and under-regulated markets by local and international firms and elites with excessive market power.
enabling people to engage in economic activity and protecting them from those who would abuse the predisposition of democracies towards freedom. In large part, the means of achieving those aims is by providing certain types of freedoms to all members of the community. As Amartya Sen has put it: "Development can be seen as a process of expanding the real freedoms that people enjoy," and by "the removal of major sources of unfreedom: poverty as well as tyranny, poor economic opportunities as well as social deprivation, neglect of public facilities as well as intolerance or over-activity of repressive states."
State capacity and institutional development also matters for how societies respond to the international environment. Weak states tend to view international economic integration as a threat, but integration, like other policy choices, should be subject to economic cost-benefit assessment. National sovereignty may be enhanced through integration, as economic development creates the resources for better defined and implemented policies and public services in areas that matter more - such as education and health. Globalisation too can be addressed in such a way as to increase the power of states and better reflect the social and economic preferences of their citizens. But getting there requires us to see institutional design and the skills to make institutions effective as a clear and critical need for most African countries.
Within the international system, we need to ensure that our multilateral institutions help African and other developing countries to address these issues. Tying us together as an international community, the Monterrey Consensus forged a partnership to address the economic aspects of our problems. Developing countries were meant to undertake policy and institutional reforms.
23 Chalmers Johnson, The Developmental State, 1999. 24 Amartya Sen, Development as Freedom, 1999.
Developed countries agreed to assist in those efforts and to create an enabling international economic environment.
Tragically, we have made little progress on much of the Consensus. Far too many of the policies and practices of developed countries weigh against it - cultural exclusion, economic protection, political manipulation and favouritism have not disappeared with the dismantling of the Berlin Wall. The underlying disorders are generated, mostly unconsciously and indirectly, from the interaction of insecurity and the need for change that come together in national political systems. That they influence the neutral-sounding processes like donor aid, trade negotiations, and international financial architecture that developing countries depend on for their own development remains intensely problematic.
The drive at the international level - from Monterrey through Gleneagles - has been to win agreement that large chunks of new financial assistance are required up front to lay the basis for countries to develop beyond reliance on foreign financial aid. The means for ensuring that funds are used in a transparent and accountable way - one of the primary complaints of donors - are there. Great strides have been made to set out principles by which the present bureaucratic clutter that passes for aid systems can be cleaned up and made transparent. Direct budget support and other channels for aid can be easily monitored to increase accountability. Stronger government systems - for finance, policy development and implementation - will provide the returns to the upfront assistance by directly reducing the dependence of poor countries on assistance in the first place.
At the Gleneagles Summit - which occurred precisely a year ago - the G8 committed to increasing their aid to Africa by US$25 billion per annum by 2010. Preliminary data shows ODA to developing countries from G8 members increased by US$21 billion in 2005. However, US$17 billion of this went towards writing off debts in Nigeria and Iraq. In its analysis, the DATA report25 argues that in order to make progress towards the 2010 goal, G8 donors will have to increase their development assistance to Africa by US$ 4 billion each year for the next 5 years.
Insufficient and badly directed development finance, poor advice on policy, difficult questions of trade protection, and inadequate international financial systems all point to the inadequacy of the current decision-making structures for international economic affairs. Reform is necessary, and in my view, if developing countries had a greater say in the running of these institutions, there would be a greater sense of ownership and legitimacy.
25 A pressure group founded by Bono and members of the Jubilee Drop the Debt campaign, who have released their summary analysis of the G8's promised to Africa to date on 29 June 2006 (www.data.
World Bank need to recognise the prudential character of reform as the financial costs associated with crisis grow ever higher.
even as the social and economic implications of our deeper interdependence raise the risks associated with economic integration.
Where poverty is so pervasive, we need to make certain that the touch of globalisation on our most marginalised populations lifts and nurtures rather than condemns. That is the central task confronting us as leaders in the developing world and as members of the international community if we want to support economic integration and realise human development.
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His paper titled 'balancing society and market: public policy and growth for Africa' pays particular focus on the current architecture of the state and market in Africa, international finance and the international financial system.
The conference will be attended by ambassadors and high commissioners, current and former UK Ministers, members of Houses of Parliament, academics and business.
The Ditchley Foundation hosts conferences designed to address international policy issues and brings together experts from different professions to engage on challenges that need urgent solutions.
Should you have any queries please contact Lindani Mbunyuza on 083 327 9987.
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The Task Team set up by the Minister of Finance Trevor A Manuel, MP in May this year to prepare a discussion document about possible reforms to the fiscal regime applicable to windfall profits in South Africa's liquid fuel energy sector will be hosting a background briefing in Pretoria on Thursday, 20 July 2006.
Journalists will be given the opportunity to peruse the discussion document an hour before the media conference under embargo, and will have the opportunity to pose questions to the Task Team at a media briefing at 13:00.
(Please RSVP to arrange parking).
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In line with government's mandate to make information accessible to all and bring government closer to the people, GCIS has published the fourth edition of the Pocket Guide to South Africa.
Similar to the objectives of the SA Yearbook, the Pocket Guide is also aimed at providing a useful reference tool to inform South Africans and the world of efforts of government and the people of South Africa to create a better life for all.
To obtain a copy of the SA Yearbook 2006/07 or Pocket Guide to South Africa 2006/07, please e-mail your request to delien@gcis.gov.za, stating your postal address, physical address and telephone numbers.
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The first quarter provincial budget statement of receipts and payments published by the National Treasury on 28 July 2006 covers spending for the first three months of the 2006/07 financial year, which ended 30 June 2006.
This report also includes a comparative spending analysis for the same period over the 2005/06 financial year. It should be noted that the 2005/06 financial year figures have been adjusted to exclude Programme 2: Social assistance grants of provincial social development departments, which was transferred to national government with effect from 01 April 2006. This makes the 2006/07 figures and the 2005/06 figures comparable.
In aggregate, provinces have spent 21,0 per cent or R38,4 billion of their budgets of R183,0 billion for the first quarter ended 30 June 2006. This represents a spending increase year-on-year of 8,6 per cent or R3,0 billion higher than for the same period last year when provinces had spent R35,3 billion.
Education expenditure totalled R17,5 billion or 22,1 per cent of the R79,1 billion total budget for education, and remains the largest item on provincial budgets (43,2 per cent). The spending pattern reflects a R374,0 million or marginal 2,2 per cent increase over the same period last year.
Health expenditure totalled R11,8 billion or 22,9 per cent of the R51,7 billion total budget for health and with the shifting of social security it becomes the second largest item after education on provincial budgets (28,2 per cent). The spending pattern reflects a 15,8 per cent or R1,6 billion increase compared with the same period in 2005/06.
Provincial social welfare services departments have spent 17,7 per cent or R934,4 million of their budgets of R5,3 billion for the first quarter ended 30 June 2006.
Total personnel expenditure in aggregate is at 23,3 per cent or R24,5 billion of the R104,9 billion personnel budget which excludes the recent announced public service increases, which were only effected from 01 July 2006.
In aggregate, provinces spent 16,7 per cent or over R2,4 billion of their R14,7 billion combined capital budgets between the various sectors. This is a significant improvement of 28,9 per cent or R548,8 million more than the R1,9 billion spent over the same period last year.
Education provincial departments spent relatively low on capital at 13,4 per cent or R479,9 million for the first three months of their R3,6 billion education capital budgets. However, this is significantly higher at 25,4 per cent or R97,2 million more than spending over the same period of the previous financial year.
Health provincial departments, year-on-year, significantly improved on spending on capital by spending 19,9 per cent or R858,3 million against their R4,3 billion health capital budgets, which is 64,3 per cent or R335,9 million more than the same period for 2005/06.
The highest share of provincial capital budgets is for public works, roads and transport departments at 35,0 per cent. The sector spent 16,7 per cent or R860,8 million against its combined capital budgets of R5,1 billion.
Provincial own revenue collected thus far is at 25,5 per cent or R1,7 billion of the total own revenue budget of R6,6 billion. National government has transferred R42,2 billion of the equitable share, and R5,1 billion in conditional grants to provinces, during the first three months of 2006/07.
The budgeted figures for provinces are based on the 2006/07 provincial budgets (main budgets) tabled in the various provincial legislatures during February 2006.
This analysis is based on the statement of receipts and payments, published by the National Treasury on 28 July 2006 and is available on the treasury website www.treasury.gov.za. The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury by 15 July 2006, and submitted to the National Treasury by 22 July 2006. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
The information presented here is mostly restricted to financial information only. Nonfinancial performance information is becoming increasingly necessary to measure outputs and performance and to assess value for money.
Except for housing delivery statistics, where figures are published, no other sector is publishing non-financial data at this stage. However, work is under way to extend reporting on service delivery in other departments. As a result of the shift of social security grants to national government with effect from 01 April 2006, information on social grant beneficiaries is no longer part of this publication.
This first quarter information will provide a valuable basis for determining potential overspending pressures which provinces must take into account when preparing their adjustments budgets. The trends indicated as part of this publication, should be treated with caution given the fact that it is relatively early in the financial year.
Table 1 indicates that provinces have spent 21,0 per cent or R38,4 billion of budgeted expenditure after three months into the current financial year. Spending to date is at the same level in percentage terms against spending over the same period in the 2005/06 financial year. However, in nominal terms, spending is 8,6 per cent or R3,0 billion higher than for the same period last year when provinces had spent R35,3 billion. Between provinces, spending ranges from the lowest share of 18,8 per cent in Gauteng and 20,8 per cent in Limpopo and KwaZulu-Natal, to the highest at 23,5 per cent in Northern Cape and 22,7 per cent in Free State.
Eastern Cape 21 110 682 3 688 074 2 028 368 26 827 124 4 715 416 669 174 404 469 5 789 059 21.
Free State 9 681 558 1 362 986 581 638 11 626 182 2 127 789 412 112 97 510 2 637 411 22.
Gauteng 22 348 850 9 562 626 2 548 263 34 459 739 4 955 421 1 099 396 414 214 6 469 031 18.
Kw aZulu-Natal 29 593 311 4 065 809 3 532 490 37 191 610 6 542 383 688 026 501 012 7 731 421 20.
Limpopo 18 584 714 2 577 236 1 736 839 22 898 789 4 087 916 398 611 272 126 4 758 653 20.
Mpumalanga 10 488 185 1 213 193 1 103 602 12 804 980 2 370 871 253 957 201 417 2 826 245 22.
Northern Cape 3 429 415 497 526 468 395 4 395 336 801 294 147 905 83 196 1 032 394 23.
North West 11 539 731 1 780 647 1 079 675 14 400 053 2 520 099 343 229 220 683 3 084 011 21.
Western Cape 14 341 223 2 417 596 1 616 771 18 375 590 3 150 853 652 275 253 458 4 056 585 22.
Total 141 117 669 27 165 693 14 696 041 182 979 403 31 272 041 4 664 685 2 448 084 38 384 811 21.
The 2005/06 financial year excludes Programme 2: Social assistance grants of provincial social development departments which was transferred to the SA Social Security Agency (SASSA) with effect from 01 April 2006.
Social services budgets total R136,0 billion and comprise 74,3 per cent of the total R183,0 billion provincial budgets in 2006/07.
It should be noted that the 2005/06 financial year figures have been adjusted to exclude Programme 2: Social assistance grants of provincial social development departments, which was transferred to national government with effect from 01 April 2006. This makes the 2006/07 figures and the 2005/06 figures comparable.
The function shift further results in a decrease of the social services share to total provincial budgets from 81,8 per cent in 2005/06 to 74,3 per cent in 2006/07.
Table 2 indicates that provinces spent 22,2 per cent or R30,3 billion of the budgeted R136,0 billion for the three social services (education, health and social welfare services). This is 7,3 per cent or R2,1 billion more than spending over the same period in 2005/06.
Education budgets of R79,1 billion comprise 43,2 per cent of total provincial budgets. Table 3 indicates that education expenditure is at 22,1 per cent or R17,5 billion of the total education budget, an increase of 2,2 per cent or R374,0 million compared to the R17,1 billion spent over the same period in 2005/06.
Spending between provinces for education ranges from the lowest rate in Gauteng at 20,5 per cent and Limpopo at 21,7 per cent to the highest in Northern Cape at 25,6 per cent and Free State at 24,3 per cent.
Spending on goods and services (mostly learner support material) in education is recorded at 11,4 per cent or R1,0 billion of its R8,7 billion budget. It comprises approximately 11,0 per cent of total provincial education budgets, which is 1,0 per cent more than the share in 2005/06.
The bulk of education expenditure is on personnel (84,2 per cent), amounting to 23,6 per cent or R14,7 billion of the education personnel budgets of R62,2 billion.
Spending between provinces ranges from the lowest in Gauteng at 22,1 per cent to the highest in Limpopo and North West at 24,9 per cent and 24,6 per cent respectively.
Education capital expenditure is somewhat low at 13,4 per cent or R479,9 million of the R3,6 billion budget. However, this is significantly higher than the R382,7 million spent on capital over the same period last year.
Spending between provinces ranges from the lowest in KwaZulu-Natal at 1,0 per cent and Gauteng at 7,6 per cent to the highest in Northern Cape at 43,9 per cent and North West at 33,3 per cent.
Education capital expenditure reflects wide fluctuations compared to last year. Some provinces show very significant improvements while others are moving slowly to implement projects.
Health budgets totalling R51,7 billion comprise 28,2 per cent of total provincial budgets. Table 6 indicates that health expenditure is at 22,9 per cent or R11,8 billion of the total health budget, representing an increase of 15,8 per cent or R1,6 billion compared to spending after the first quarter of the 2005/06 financial year.
Limpopo and North West health have spent the lowest share of their budgets after the first three months at 20,8 per cent and 20,9 per cent respectively The highest shares are recorded in Eastern Cape and Mpumalanga both at 24,8 per cent.
Table 7 indicates that health personnel expenditure is R6,7 billion or 23,5 per cent of the health personnel budget, an increase of R748,7 million or 12,5 per cent compared to the first quarter R6,0 billion spent in 2005/06.
Spending on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure is recorded at 22,7 per cent or R4,3 billion of the R18,7 billion budget, an increase of 14,3 per cent or R531,4 million compared to the first quarter R3,7 billion spent in 2005/06. This appears to be an area of spending pressure on health budgets in a number of provinces.
Capital expenditure in the health sector is at 19,9 per cent or R858,3 million. This is significantly higher at 64,3 per cent or R335,9 million more than the R522,3 million spent for the same period last year (Table 8).
Between provinces, with a varying degree of spending, the lowest rate of spending is in North West at 13,0 per cent and Northern Cape at 13,3 per cent with Gauteng and Eastern Cape recording the highest rate of spending at 26,5 per cent and 25,8 per cent respectively.
Social welfare services budgets at R5,2 billion comprise 2,9 per cent of total provincial budgets.
With the shifting of the social security function to national government, provinces are only left with social welfare services.
The function shift further results in a decrease of the social welfare services share to total provincial budgets from 27,4 per cent in 2005/06 to only 2,9 per cent in 2006/07.
Provinces registered spending of 17,7 per cent or R934,4 million of their R5,3 billion budget (Table 9). This represents an increase of 8,7 per cent or R74,8 million above the R859,5 million spent over the same period last year (excluding social assistance grants).
Between provinces, there are varying degrees of spending with the lowest being in Mpumalanga at only 9,9 per cent and North West at 15,7 per cent while the highest being Eastern Cape and Western Cape at 21,6 per cent and 19,9 per cent respectively.
Housing and local government budgets at R9,3 billion comprise 5,1 per cent of total provincial budgets.
Housing and local government spending at the end of the first quarter is at 17,0 per cent or R1,6 billion of the R9,3 billion budget (Table 10). This represents an increase of 1,8 per cent or R28,3 million of the R1,6 million spent over the same period last year.
Spending varies between provinces with the lowest being in Eastern Cape at 11,3 per cent and KwaZulu-Natal at 12,2 per cent while the highest being Western Cape at 27,9 per cent and North West at 24,4 per cent.
Most of the housing and local government expenditure is on the Integrated Housing and Human Settlement Development conditional grant (formally the housing subsidy grant). Table 11 indicates that provinces spent 16,6 per cent or just over R1,0 billion of their R6,3 billion housing conditional grant. These spending figures are marginally lower compared to last year with spending decreasing by 0,5 per cent or R5,5 million over the same period last year.
Division of Revenue Act, 2006 (Act No.
For the first time in the 2006/07 financial year this report includes data on housing delivery (non-financial data).
Table 12 indicates for the first quarter that there were 43 approved projects, 33 219 approved subsidies (planned units) as well as 40 904 beneficiaries approved. The number of sites and units completed as at 30 June 2006 are 34 986 and 28 978 respectively.
Personnel expenditure ("compensation of employees") is at 23,3 per cent or R24,5 billion of the R104,9 billion budget. Spending to date is 4,9 per cent or R1,1 billion higher than the R23,3 billion spent last year.
Western Cape and KwaZulu-Natal recorded the lowest rates of personnel spending at 22,6 per cent and 22,9 per cent respectively while Limpopo and Mpumalanga recorded the highest rates at 24,2 per cent and 24,1 per cent respectively.
Provinces have spent 16,7 per cent or over R2,4 billion of their R14,7 billion capital budgets ("payment for capital assets"). This is significantly higher (28,9 per cent or R548,8 million) than the R1,9 billion spent over the same period last year.
Table 14 also provides capital spending information by province, which indicates low rates of spending in KwaZulu-Natal at 14,2 per cent and Limpopo at 15,7 per cent to the highest in North West at 20,4 per cent and Eastern Cape at 19,9 per cent. However, in absolute terms, KwaZulu-Natal has spent the most at R501,0 million followed by Gauteng at R414,2 million and Eastern Cape at R404,5 million.
The biggest capital budgets in provinces are in public works, roads and transport departments at 35,0 per cent or R5,1 billion of the total provincial capital budget of R14,7 billion. Spending for these departments is at 16,7 per cent or R860,8 million which is 7,7 per cent or R61,5 million more than the R799,3 million spent last year over the same period.
Between provinces, the lowest rate of spending is recorded in Limpopo at 12,2 per cent and Gauteng at 13,9 per cent, whilst North West and KwaZulu-Natal recorded the highest rates of spending at 21,5 per cent and 19,3 per cent respectively.
Table 16 (overleaf) reflects spending on 2006/07 conditional grant allocations as at 30 June 2006 for all provinces. It excludes expected conditional grants roll-overs from the 2005/06 financial year and spending on general purpose conditional grants (Schedule 4 grants) like National Tertiary Services, Hospital Professions Training and Development, and the Provincial Infrastructure grants, as reporting against these grants cannot be separated from the province's health and capital budgets.
Spending on the Comprehensive Agricultural Support Programme Grant (also Schedule 4) is subsumed in a range of programmes across provincial departments and therefore no separate reporting is required in terms of the Division of Revenue Act, 2006 (Act No. 2 of 2006).
The total conditional grant allocation for all grants is R25,9 billion with health making up the bulk with R10,0 billion.
Against the total allocation of R15,0 billion, which excludes Schedule 4 grants, the rate of conditional grants spending amounts to 13,9 per cent or R2,1 billion.
Specific grants that show low rates of spending include Forensic Pathology Services (3,9 per cent) and Mass Sport and Recreation Participation Programme (7,4 per cent).
Revenue Act, 2006 (Act No.
National Treasury 4 118 119 658 180 1.
Table 17 indicates that provinces are spending slowly on conditional grants (Table 17 excludes schedule 4 conditional grants). The figures indicate that five or more provinces have spent less than 10 per cent of their grant budget after three months for the following grants: Land Care Programme, Forensic Pathology Services and Mass Sport and Recreation Participation Programme.
The table also indicates the number of provinces spending at slightly higher levels between 10 and 20 per cent and greater than 20 per cent of their conditional grant budgets. Although the rate of spending is encouraging and reflects an improvement over previous financial years, overall spending still lies below average.
Percentages represent actual expenditure of main budget as published in the Division or Revenue Act, 2006 (Act No.2 of 2006).
Provincial revenue includes budgeted equitable share allocations of R150,8 billion, conditional grants of R25,9 billion and own revenue of R6,6 billion. The total provincial revenue received and collected to date is recorded at 26,8 per cent or R49,0 billion of total budgeted total revenue of R183,2 billion.
National government transferred 28,0 per cent or R42,2 billion of the equitable share, and 19,8 per cent or R5,1 billion in conditional grants, to provinces after the first three months of the current financial year.
After three months, provinces have collected 25,5 per cent or R1,7 billion of the budgeted own revenue of R6,6 billion which is 11,2 per cent or R168,7 million more than what was collected by the end of June for the previous financial year.
The collection rate varies from 15,7 per cent in Limpopo and 19,0 per cent in Northern Cape, to a high of 35,5 per cent in Eastern Cape and 26,9 per cent in Mpumalanga. It appears at this stage that most provinces will exceed their collection of budgeted own revenue. Often, the over collection reflects understatement of targets rather than improved fiscal effort.
<fn>GOV-ZA.200607En.2012-02-10.en.txt</fn>
This publication is the official authoritative reference work on the Republic of South Africa and is updated annually.
<fn>GOV-ZA.200607arEn.2012-02-10.en.txt</fn>
I have the honour to submit to you, in terms of section 7(2) of the South African Law Reform Commission Act 19 of 1973, the Commission's report on all its activities from 1 April 2006 to 31 March 2007.
"Law must be stable, and yet it cannot stand still."
Indeed, the law is a dynamic concept - not only does it change along with society, but it often directs society on its path of change.
Across the world, law reform agencies are tasked with investigating the reform of laws in a way that adequately meets the demands and challenges posed by changing societies. This task is complicated by the conflict of values between, among others, different sectors of society, religious and cultural beliefs and the inclusive goal of justice for all.
This is true for any country in the world, but even more so for post-Apartheid South Africa, where many of the laws on the statute book are incompatible with the democratic, non-discriminatory and equality-based values espoused by the Constitution.
However, neither these values nor the fundamental human rights enshrined in the Bill of Rights can stand in isolation. The rights of citizens and the obligations flowing from these rights inevitably require the creation of new laws or the reform of existing ones, all of which must ultimately pass constitutional scrutiny.
During the period under review the South African Law Reform Commission (the Commission) continued its efforts to facilitate law reform that contributes to the realisation of a society based on democratic values, social justice and fundamental rights for all.
31 December 2006 marked the end of the term of the Commission which was appointed for a period of five years with effect from 1 January 2002.
The transformation of our legal system presented the Commission with great challenges in the area of law reform, having regard to the relationship between reform and the wider social and political context in which it takes place, and focusing on various rights in the Bill of Rights in the absence of a fully developed constitutional jurisprudence. The research programme of the Commission during its tenure demonstrated that a very wide ambit of topics received the attention of the Commission.
Criminal justice reform was driven largely by progressive critiques of criminal justice practices and the rise of victim concerns. In this regard projects related to simplification of criminal procedure; the use of electronic equipment in court proceedings; a compensation fund for victims of crime; sexual offences; terrorism; stalking; and trafficking in persons.
A number of projects related to what could be termed "social law reform", indicated by criteria such as that the problem is described in social terms rather than by reference to an area of legal doctrine; the project requires moral or social value judgments to be made on politically controversial issues; the project explicitly addresses social justice issues; or the project proposes an entirely new approach to a social problem, rather than simply proposing minor changes to legal rules. Social law reform projects investigated by the Commission related to adult prostitution; protected disclosures; privacy and data protection; review of the Child Care Act, 1983; Islamic marriages; customary law; domestic partnerships; assisted decision-making: adults with impaired decision-making capacity; and publication of divorce proceedings.
As part of the Commission's extensive statutory law revision project, the Interpretation Act 33 of 1957 was reviewed.
The publications (excluding annual reports) which were completed by the Commission during its tenure of five years are reflected in Annexure A.
The new Commissioners are welcomed heartily and assured of the support of the Secretariat to face the challenges of law reform in South Africa.
This annual report covers the period from 1 April 2006 to 31 March 2007.
Issue papers published by the Commission are listed in Annexure B.
Discussion papers published by the Commission are listed in Annexure C.
A progress report on investigations not yet completed appears in Chapter 3.
The recommendations contained in the reports on surrogate motherhood (Project 65) and access to minor children by interested persons (Project 100) are incorporated in Chapter 20 and section 23 respectively of the Children's Act 38 of 2005 (Project 110: Review of the Child Care Act, 1983).
The recommendations contained in the report on compulsory HIV testing of persons arrested in sexual offence cases (Project 85) were initially reflected in the Compulsory HIV Testing of Alleged Sexual Offenders Bill. The Commission's recommendations regarding victims' need for information of their alleged offenders' HIV status have eventually been included in Chapter 5 of the Criminal Law (Sexual Offences) Amendment Bill.
In the Commission's report on the need for a statutory offence aimed at harmful HIV-related behaviour (Project 85) the Commission concluded that a statutory offence was not necessary or desirable and that the current legal position should be maintained. During the course of the Portfolio Committee deliberations on the Criminal Law (Sexual Offences) Amendment Bill, 2003 and prior to the 2004 elections, the Committee suggested including in the Bill the criminalisation of the intentional non-disclosure of a person's HIV-positive status when engaging in intimate contact with another person. When the Bill was submitted to the newly constituted Cabinet for approval after the 2004 elections, Cabinet however expressed reservations about the inclusion of the suggested offence, and the final version of the Bill which was approved by the Portfolio Committee on 10 November 2006 did not include such an offence. The Committee however requested the Department of Justice and Constitutional Development to do further research in this regard, including comparative research, with a view to addressing Cabinet's reservations.
The South African Law Reform Commission was established by the South African Law Reform Commission Act 19 of 1973 (the Act).
Not more than eight persons who appear to the President to be fit for appointment on account of the tenure of a judicial office or on account of experience as an advocate or as an attorney or as a professor of law at any university, or on account of any other qualification relating to the objects of the Commission.
As indicated in Chapter 1, the President appointed a new Commission for a period of five years with effect from 1 January 2007.
Annexure D contains a list of members of the Commission and the periods for which they served or for which they were appointed.
Although the Act does not specifically refer to the appointment of project leaders, it is the Commission's practice to appoint a project leader for an investigation on its research programme. A project leader could be a Commissioner, a member of a project committee appointed by the Minister (section 7A(1)(b)(ii)), or any other person who is not a Commissioner and who is not a member of a project committee (section 8(2)).
The main task of a project leader is to guide the designated researcher's research by evaluating the research and giving advice to the researcher.
Committees of the Commission perform the activities assigned to them by the Commission and are subject to the Commission's directives. Activities performed by committees are deemed to be performed by the Commission and for the purposes of remuneration, members of committees are deemed to be members of the Commission.
Under the first category of committees, the Commission has established a working committee which consists of members of the Commission co-opted for meetings according to their availability (section 7A(1)(a) of the Act).
Project committees fall under the second category of committees. The Commission follows the practice of instituting project committees consisting of experts to assist with investigations and to advise the Commission if a specific investigation in the Commission's programme so requires (Section 7A(1)(b) of the Act).
The names of the members of the project committees appear in Annexure E. The Commission would like to express its appreciation to individuals and organisations for their willingness to serve on project committees of the Commission.
The Commission is assisted in its task by a full-time Secretariat consisting of officials on the establishment of the Department of Justice and Constitutional Development. The Secretariat consists of an administrative component and a professional component. The Deputy Chief State Law Adviser (Chief Director) serves as the Secretary of the Commission. This post has been vacant since 1 April 2006.
The research component of the Secretariat consists of 19 State Law Advisers from diverse backgrounds. Their task is to conduct the necessary research under the guidance of project leaders (who are appointed by the Commission), to consult with interested parties, to compile issue papers, discussion papers and draft reports and to carry out other assignments of the Commission.
Law reform cannot be delivered without high quality research. The in-house researchers at the Commission are professionally qualified lawyers, the majority of whom have vast experience in the law reform environment. The result has been the development of scholarly research publications and the involvement of the researchers in various activities as highlighted in Chapter 5.
Three posts of Senior State Law Adviser are vacant.
The Act provides that the Commission must, from time to time, draw up programmes listing in order of preference the matters which in its opinion require consideration. The Commission's programme is subject to the Minister's approval.
The Commission's present programme appears in Annexure F. Annexure G contains a list of all the investigations included in the Commission's programme since its inception and indicates the final result or current state of investigations.
Research is done to determine authoritatively the existing legal position and to identify shortcomings or deficiencies that need to be rectified. Consultation takes place between the researcher, project leader, project committee (where one exists), the general public, stakeholders and persons with particular knowledge concerning the matter under investigation. Comparative studies are carried out in order to enable the Commission to benefit from experiences elsewhere in the world. The consultation process is facilitated by the Commission's policy (since 1996) of compiling issue papers as a first step. Issue papers outline the problems encountered with particular areas of the law and invite submissions on possible solutions. They are distributed as widely as possible for general information and comment and are in appropriate cases also supplemented by workshops. Responses to an issue paper and further intensive research form the basis for the preparation of a discussion paper.
Discussion papers contain essential information on the investigation and the Commission's tentative proposals for reform. In particular, a discussion paper will include a statement of the existing legal position and its deficiencies, a comparative survey, and a range of possible solutions. In most cases the discussion paper will also include a draft Bill. Members of the public are informed of the availability of discussion papers by press releases and press conferences. In addition, copies are distributed to organisations and, sometimes, individuals whose views on the subject under discussion the Commission particularly wishes to canvass. The responses to the provisional proposals are carefully studied before final decisions are made. The Commission also hears oral evidence in appropriate cases. Its recommendations are embodied in comprehensive reports, which are submitted to the Minister for Justice and Constitutional Development.
In making its recommendations, the Commission bears in mind that there is a need to provide access to justice for all, to protect the rights of all parties - especially those of women, children and the poor - to make legal processes affordable, to make the law less complicated, and to give effect to the values and principles underlying the Constitution.
Judging from comments received, the Commission's discussion papers and reports are of a high standard. The faculties of law of various universities often prescribe the Commission's research publications as literature for their students at undergraduate as well as postgraduate level.
The many valuable comments and proposals received on the Commission's recommendations as contained in its documents, confirm that its working methods are successful. These methods ensure that the Commission's final recommendations are well substantiated and are the product of thorough debate. They also facilitate the enactment of the Commission's proposed legislation, which embodies the recommendations.
In order to involve the community actively at an earlier stage, the Commission publishes issue papers for appropriate investigations as the first step in the consultation process. The purpose of an issue paper is to announce an investigation, to clarify the aim and extent of the investigation, and to suggest the options available for solving existing problems.
Issue papers published since the introduction of the document series are listed in Annexure B.
Discussion papers published since the introduction of the document series are listed in Annexure C.
The Act requires the Commission to prepare a full report on any matter investigated by it and to submit such reports together with draft legislation, if any, to the Minister for consideration. All reports of the Commission are official, but not all are published. Annexure G lists the investigations reported on by the Commission since its establishment.
This series has been used mainly for publications intended to make the common law more readily available and contains translated common law sources and noters-up. Papers published in this way are listed in Annexure H.
Issue papers and discussion papers are supplied free of charge to interested institutions and persons who wish to comment on a particular matter. These papers are widely distributed and are also obtainable from the Commission's offices. The annual report, papers in the research series and reports on investigations that are published can be purchased from the Government Printer in Pretoria.
The Commission met on 9 September 2006 and 24 March 2007. There were no working committee or project committee meetings during the year under review.
It is axiomatic that the extent to which the South African Law Reform Commission can add value will be heavily influenced by the nature of the work it undertakes and its particular experience and suitability to do so. In selecting topics for law reform there is a need for independence from, but good liaison with, government. It is therefore important for the Commission to understand how its work will contribute to the government's overall strategic outcomes and priorities. There should also be explicit recognition by government of the particular contribution the Commission can make to the overall law reform environment.
A number of the above-mentioned projects are in line with the government's priorities as identified in the Government's Programme of Action, 2007. The priorities and programmes arise from the January 2007 Cabinet Lekgotla and the President's State of the Nation Address on 9 February 2007.
Crime prevention and public safety is identified as a main action by the Justice, Crime Prevention and Security Cluster. A sub-action is the implantation of initiatives directed at preventing crimes against women and children. The Commission's investigations into sexual offences: adult prostitution (project 107); stalking (project 130); and trafficking in persons (project 131) are aimed at crime prevention and the protection of vulnerable groups. Another sub-action is the implementation of restorative justice and alternative dispute resolution, which relates to the Commission's project on community dispute resolution structures (project 94).
The Commission's statutory law revision project (project 25) is aimed at revising the complete statute book with a view to removing or adapting legislative provisions considered to be unconstitutional, redundant or obsolete. The investigation is endorsed by Cabinet - in 2001 Cabinet requested the identification of all discriminatory and unconstitutional legislation enacted prior to 1994, as well as the review of provisions in the legislative framework that would result in unfair discrimination as defined in section 9 of the Constitution. In terms of a Cabinet decision the Commission is required to submit bi-annual reports on progress with the investigation to Cabinet.
Two of the strategic goals of the Department of Justice and Constitutional Development are "access to justice for all" and "transforming justice, state and society".
It is further significant to note that law reform agencies in the world often review similar areas of law. The research programme of the South African Law Reform Commission is no exception and this fact could be seen as an indicator to gauge the relevancy of projects undertaken by the South African Law Reform Commission.
In 2004, the Commission embarked upon a major investigation aimed at revising the complete statute book with a view to removing or adapting legislative provisions considered to be unconstitutional, redundant or obsolete. An audit of all national legislation (excluding provincial and secondary legislation) by the Commission revealed that there are close to 3 000 statutes on our statute book, comprising Principal Acts, Amendment Acts, Supplementary or Additional Acts and Private Acts. Many of these Acts are not being applied anymore while others contain provisions that are in conflict with the Constitution. Redundant and obsolete provisions on the statute book are being identified and government departments are being consulted in order to verify these provisions. Numerous meetings were held to develop a methodology for conducting the investigation into the constitutionality and redundancy of existing legislation. The Commission also envisages an instrumental role in assisting Provinces with the alignment of provincial legislation vis-à-vis the Constitution by rendering such support as may be required.
In March 2007 a progress report on the investigation was forwarded to the Department of Justice and Constitutional Development for submission to the Minister with a view to informing Cabinet about the progress made in the investigation.
Professor Cathi Albertyn developed a document for the Commission setting out guidelines for the identification of legislative provisions that are obviously in conflict with section 9 of the Constitution. The guidelines are based on an analysis of Constitutional Court judgements. The tables of Constitutional cases as per Professor Albertyn's report have been updated and made available to the researchers involved with project 25. Future judgements of the Constitutional Court relating to the "equality" clause in the Constitution will be added as and when they become available.
The 112 statutes administered by the Department of Agriculture are being analysed to determine which are redundant, obsolete or unconstitutional. Once this has been done, a consultation paper with repeal and amendment proposals will be submitted to the Department for further discussion.
The 218 statutes administered by the Department of Transport were scrutinised and a draft repeal Bill and consultation paper were drafted. Discussions were held with the legal adviser of the Department of Transport in November 2006 to consult on the statutes which have been identified for repeal or amendment. The Department indicated that it agreed with the proposals made by the Commission. The consultation paper and draft repeal Bill will be reworked and converted into a discussion paper that will be published for public consultation.
The 624 statutes administered by National Treasury are being analysed to determine which are redundant, obsolete or unconstitutional. Once this has been done, a consultation paper containing repeal and amendment proposals will be submitted to the Department for further discussion.
The 67 statutes administered by the Department of Public Works have been analysed to determine which are redundant, obsolete or unconstitutional. A draft repeal Bill and draft consultation paper have been prepared. Once this has been reviewed the consultation paper containing repeal and amendment proposals will be submitted to the Department for further discussion.
The approximately 220 statutes administered by the Department of Trade and Industry are being analysed with a view to determining which are redundant, obsolete or unconstitutional. Once this has been done, a consultation paper containing repeal and amendment proposals will be submitted to the Department for further discussion.
The 385 statutes administered by the Department of Justice and Constitutional Development will be analysed to determine which are redundant, obsolete or unconstitutional. Once this has been done, a consultation paper containing repeal and amendment proposals will be submitted to the Department for further discussion.
The application of the Bill of Rights to the criminal law, the law of criminal procedure and sentencing.
Repeal of the Transkei Penal Code and the Dangerous Weapons Act, No.
A consultation paper on the repeal of the Transkei Penal Code and the Dangerous Weapons Act 71 of 1968, as far as it is still in force in the territory of the former Transkei, is being drafted following a request from the Judge President of the Transkei High Court.
On 9 September 2006 the Commission approved the inclusion of an investigation into the recognition of Hindu Marriages into the programme. This investigation is conducted as part of project 25. Preliminary research with a view to developing an issue paper has commenced. The researcher is also studying the January 2007 judgement of the High Court in the Durban and Coast Local Division in Suchitra Singh v Jailall Ramparsad and Others.
The Commission approved the publication of a discussion paper on the review of the Interpretation Act 33 of 1957 on 9 September 2006. A media statement announcing the availability of discussion paper 112 was released on 6 October 2006. The closing date for comment on discussion paper 112 was initially 31 December 2006. In January 2007 the closing date was extended to 28 February 2007 to afford respondents more time to comment. In February 2007 the closing date was further extended to 30 March 2007 in view of the limited responses received.
The Interpretation Act was drafted during an era of parliamentary sovereignty. It is not in line with the current constitutional dispensation or with the principles and practices of drafting and interpretation adopted by the legislature and the courts since 1994.
&#7; The meaning of the word legislation [original and assigned legislation; primary legislation (parliamentary and provincial legislation and municipal by-laws) and legislation issued by the executive (subordinate or secondary legislation); new legislation and old order legislation].
&#7; The definitions to be included in the definition clause in the proposed Interpretation of Legislation Bill.
The purpose of the Interpretation of Legislation Bill.
The application of the Bill.
Some principles of interpretation including the supremacy of the Constitution.
Legislation to be interpreted in the light of changing circumstances.
Inconsistencies between provisions in the same legislation.
Elements of legislation to be considered during interpretation (intrinsic information) such as preambles, long titles, marginal notes, headings to chapters or sections, paragraphing and punctuation, footnotes, endnotes, diagrams and examples, and schedules.
Extrinsic information as aids to interpretation such as preceding discussions and speeches in Parliament and explanatory material.
Commencement of legislation.
Exercise of powers before commencement of legislation.
Publication of legislation.
Parliamentary scrutiny of subordinate legislation.
The expiration or demise of legislation including express repeal of legislation; effect of repeal; and implied repeal.
Proposals for the implementation of measures for sun-setting of subordinate legislation whereby all subordinate legislation will have a limited life, for example five years or ten years, after which the legislation has to be scrutinised and re-enacted otherwise it ceases to be of force.
The extent to which legislation binds the State.
The application of the functus officio doctrine and revocation of administrative decisions generally and proposals for reform of section 10(1) of the Interpretation Act.
Notification in the Gazette of official acts performed in terms of legislation.
Directory and peremptory words in legislation.
Amendment and repeal of subordinate legislation.
The exercise of powers and performance of duties.
The power to appoint persons.
The power to differentiate when issuing subordinate legislation.
Delegation of power.
Transfer of legislation, powers and functions.
A list of general definitions for words and expressions often used in legislation.
Definitions in old order legislation.
Derivatives and other grammatical forms of defined words and expressions.
Reckoning of time and measurement of distance.
Standard provisions in legislation such as prescribed forms; methods of serving, delivering, sending or submitting documents; consultation procedures; and decisions of bodies consisting of members, quorums of bodies and distant participants.
The finalisation of an amended draft report on community dispute resolution structures is receiving attention. Although a project committee meeting to discuss the draft Bill and re-assess the membership of the project committee is still pending as most of the active members are not available, the researcher, the project leader, Professor Schärf and Professor Cartwright have considered the draft Bill and a draft report is being finalised. In their consideration of the draft Bill, Professors Schärf and Cartwright had encountered a few problems which they brought to the attention of the project leader and the researcher. These are being attended to.
Although the project committee decided that a discussion paper on family mediation would be completed subject to the finalisation of the investigation into community dispute resolution structures, preliminary research is being carried out whenever time allows as the researcher has been appointed to serve on the task team on Judicial Functions of Traditional Leaders: Policy Formulation.
The finalisation of a draft discussion paper on adult prostitution has been receiving attention subject to the finalisation of the investigations into protected disclosures (project 123), stalking (project 130) and trafficking in persons (project 131). A draft discussion paper will be finalised during the second quarter of 2007.
The project will receive further attention after the completion of Project 126: Review of the law of evidence and is also subject to the researcher's involvement in the implementation of the Service Charter for Victim's of Crime and the review of the criminal justice system.
The present investigation means a revival of its previous investigation, but on a wider basis. Additional measures to protect the interests of those whose legal capacity has for some reason been diminished, are researched.
An issue paper on incapable adults was published in December 2001. A discussion paper was published for general information and comment in January 2004 and is discussed in the 03/04 annual report. The project leader approved final amendments to a proposed draft Bill containing about 150 clauses in July 2006. The draft Bill was submitted to the project committee in September 2006. A draft report will be submitted to the project leader during the third quarter of 2007.
An issue paper dealing with the need for the extension of the ambit of the PDA was published in the form of a questionnaire in January 2003. A discussion paper was published for general information and comment in June 2004 and is discussed in the 04/05 annual report. A draft report was submitted to the Department of Justice and Constitutional Development in October 2005. The completion of the report is subject to departmental discussions. The draft report has been submitted to the project leader.
Privacy is a valuable aspect of personality. While potential invasions of privacy can come from many sources, a chief concern in recent years has been information privacy. Information privacy has been defined as the claim of individuals, groups or institutions to determine for themselves how, when and to what extent information about them is collected, stored or communicated to others. Information about people and their activities can range from medical records, purchasing habits and property ownership to borrowing habits at the video store, cell phone conversations and surfing practices on the Internet - all mostly recorded in digital form. It is clear that personal information has acquired a market value.
An issue paper was published for general information and comment in August 2003 and is discussed in the 03/04 annual report. A discussion paper was published for general information and comment in October 2005 which is discussed in the 05/06 annual report.
A series of workshops hosted by the Commission were held in February and March 2006. The closing date for comments on the discussion paper was extended to 31 May 2006. The researcher presented the draft Bill at a series of workshops hosted countrywide during July 2006 by the E-law Committee of the Law Society of South Africa. Written submissions received on the discussion paper have been collated. The draft Bill has been amended in accordance with the comments received and submitted to the project committee for comment in March 2007. A draft report is being finalised.
No comprehensive review of all the provisions providing for different prescription periods - whether of a contractual or delictual nature - has been undertaken. When reporting on the Bill which subsequently became the Legal Proceedings Against Certain Organs of State Act 40 of 2002, the Portfolio Committee on Justice and Constitutional Development recommended that the Minister for Justice and Constitutional Development be approached to request the Commission to include in its programme an investigation into the harmonisation of the provisions of existing laws providing for different prescription periods. An investigation into the review of prescription periods was subsequently included in the Commission's programme. An issue paper was published for general information and comment in August 2003 and is discussed in the 03/04 annual report. The researcher involved in the preparation of a draft discussion paper was transferred to another department. The project is not currently receiving attention and it will be assigned to a new researcher when the three vacant posts of Senior State Law Adviser are filled.
Professor Schwikkard was requested to prepare a draft discussion paper on the principle of relevance and the hearsay rule. The project committee considered a revised discussion paper on 10 August 2004, after which the committee requested Professor Schwikkard to do further research with the assistance of Justice Nugent. Justice Harms (project leader) and Justice Nugent (project committee member) resigned during February 2005.
The Commission directed on 9 September 2006 that the project should proceed and that new project committee members should be appointed to replace Justice Harms and Nugent. The appointment of new project committee members was pursued, but abandoned because of limited response and in view of the allocation of the researcher to Project 25: Statutory law revision, the Commission's highest priority at present.
The previous Minister requested the Commission to investigate administration orders and to follow an incremental approach to distinguish between reforms that could be effected in the short and medium term and reforms that could be effected in the medium to long terms.
The Commission decided on 30 September 2005 that a proposal should be made to the Department of Trade and Industry that the National Credit Bill, 2005 should provide for certain amendments which would pave the way for the abolishment of administration orders in terms of section 74 of the Magistrates' Courts Act 32 of 1944. However, the Bill was passed by Parliament without any of the envisaged provisions. The Department of Justice and Constitutional Development has indicated that it will consider the repeal of section 74 amendments along the lines suggested. The Commission will be requested to approve the removal of this investigation from the Commission's programme.
The researcher's involvement in the Children's Bill process has contributed to the delay in finalising a draft discussion paper. A newly appointed researcher has also been allocated to the project. Questionnaires received from members of the public on problems experienced with access to children after divorce and divorce procedures are being collated. Questionnaires for the family advocates and for legal practitioners and social workers dealing with divorce are being developed. Preliminary research with a view to developing a draft discussion paper has commenced.
Preliminary research with a view to developing an issue paper is conducted when time allows while the researcher is still involved in Project 122.
An issue paper was published for general information and comment in January 2004 and is discussed in the 03/04 annual report.
The Commission approved a discussion paper on trafficking in persons for publication in March 2006. The discussion paper is expounded in the 05/06 annual report. The closing date for comments on the discussion paper had been 30 June 2006, but was extended to 31 July 2006. As part of the consultative process, meetings were held to provide interested parties with an opportunity to discuss the Commission's preliminary recommendations as set out in the discussion paper and draft Bill. Consultative meetings were held in Pretoria on 6 June 2006, in Nelspruit on 13 June 2006, in Cape Town on 20 June 2006, in the Eastern Cape on 22 June 2006, in Durban on 27 June 2006, and in Bloemfontein on 29 June 2006.
Comments on the discussion paper have been collated. Comment by the Department of Justice and Constitutional Development is awaited.
"that the South African Law Reform Commission be requested to investigate the possibility of a specific civil action in respect of consequential damages arising from hoaxes (including the possibility of punitive damages) separate from the expenses incurred by the security services, to deal with such hoaxes. The civil action is intended to be separate from the reimbursement order, which may be made by a Court after a conviction in respect of the offence relating to hoaxes (Clause 18(2) of the Protection of Constitutional Democracy Against Terrorist and Related Activities Bill). A provision to this effect in our law is, for example, in respect of riot damage, which occurs as a result of gatherings and demonstrations (see section 11 of the Regulation of Gatherings Act, 1993 (Act No. 205 of 1993))."
The project was assigned to the researcher in June 2005. A draft discussion paper is being finalised.
A discussion paper dealing with measures to improve the administration process and reduce the work of the supervising authority and executors was approved for publication by the Commission in September 2005 and is discussed in the 05/06 annual report. Comments are being evaluated. The researcher is exploring interim solutions in consultation with the Office of the Chief Master of the High Court.
A report on domestic partnerships was approved in the 2005/2006 reporting year. In the 2005/2006 annual report it was mentioned that the report had still been under Ministerial consideration. Subsequently the report was published on 28 September 2006 and the Civil Union Act 17 of 2006 commenced on 30 November 2006.
The term "domestic partnership" is used in the report to describe all established permanent life partnerships, whether between people of the same or the opposite sex, which currently exist outside the ambit of the institution of marriage.
The report deals with the lack of legal recognition and regulation of permanent life partnerships against the background of section 9 of the Constitution which, amongst others, prohibits discrimination on the grounds of sexual orientation and marital status. It seeks to establish a new family law framework that will provide for marriage (irrespective of the system under which it is celebrated) as well as various other permanent life partnerships.
In the recent past, the courts have carried much of the responsibility for drafting family law and policy with regard to permanent life partnerships by creatively applying non-family laws, including the law of unjust enrichment, estoppel and contract. The Constitutional Court has furthermore, on more than one occasion, upheld constitutional challenges under the equality clause on the ground of sexual orientation. Furthermore, with the ad hoc extension of statutorily defined benefits (sometimes including same-sex and opposite-sex partners into the definition of "spouse" for various purposes) there has been an increasing recognition of these relationships outside marriage. These developments have, however, led to a patchwork of laws that do not express a coherent set of family law rules.
In its comparative study the Commission has furthermore researched various models for recognition of permanent life partnerships in other jurisdictions. Owing to the diverse nature and the wide variety of relationships under discussion, it has not been possible to select only a single model to regulate all partnerships. Also, none of the researched models emanated from a constitutional dispensation with an equality clause exactly like section 9(3) of the Constitution. These facts meant that a uniquely South African solution had to be found.
The aim was to combine different models in such a way as to afford the desired protection to the parties in established permanent life partnerships as well as third parties with an interest in the regulation of these relationships, without imposing on individuals' autonomy or over-regulating the position. The constitutionality of the recommended models was the determinative factor.
Two judgments of the Constitutional Court, namely Volks v Robinson and Minister of Home Affairs v Fourie in particular served as a guide to the Commission in making its final recommendations. In both the Volks and Fourie cases the majority judgments left it to the legislature to correct the defects currently existing in the law.
In Minister of Home Affairs v Fourie the question of the exclusion of same-sex couples from the institution of marriage was raised. The State and amici in their appeal to the Constitutional Court acknowledged that partners to same-sex relationships suffer discrimination and that this violation of their rights had to be corrected. However, they objected against any remedial measures being assimilated into the traditional institution of marriage or permitting unions of same-sex couples to be referred to as marriages. The answer, they said, was to provide appropriate alternative forms of recognition to same-sex family relationships.
The Constitutional Court stated that the need to accord an appropriate degree of respect to the traditional concept of marriage did not as a matter of law constitute a bar to vindicating the constitutional rights of same-sex couples to take part in the institution of marriage. The Court furthermore considered and rejected the possibility that there might be a justification, in terms of section 36 of the Constitution, for the violation of the equality and dignity of same-sex couples wanting to get married. It found that the failure of the common law definition of marriage and section 30(1) of the Marriage Act of 1961 (the marriage formula) to provide for same-sex couples to celebrate their unions in the same way that it enable opposite-sex couples, is discriminative.
However, since this matter touches deep public and private sensibilities and has great public significance, the Court thought it best to leave it to Parliament to correct the defect in the law. Parliament was provided with one year to effect this change, failing which the marriage formula in the Marriage Act of 1961 would forthwith be read to refer to "husband", "wife" and "spouse". The effect of such an amendment would be to include same-sex couples in the institution of marriage.
The Court acknowledged that there are different ways in which the legislature could correct the defects and pointed to certain principles of special constitutional relevance to guide Parliament. It stated clearly that any option would have to be considered within the framework of the judgment. The Court furthermore warned against a remedy that would, on the face of it, provide equal protection but, in effect, produce new forms of marginalisation. The Court further said that the chosen remedy had to be as generous and accepting towards same-sex couples as towards opposite-sex couples.
The Court's views set out above, served to confirm the Commission's decision to abandon two of the options previously canvassed in the Discussion Paper as possible solutions to the problem, namely that of civil unions and secondly, the separation of the civil and religious aspects of marriage.
The Commission recommends, as its first choice for legal reform, the amendment of the Marriage Act of 1961. A definition of marriage should be inserted in the Marriage Act of 1961 that makes the Act applicable to all couples wanting to get married, irrespective of their religion, race, culture or sexual orientation. The Commission is of the opinion that this amendment will give effect to the equality provision set out in section 9 of the Constitution and complies with the Constitutional Court's decision in Minister of Home Affairs v Fourie.
The Commission supports the view of the Canadian government in this regard where it stated that a government cannot pick and choose whose rights they want to defend and whose rights they will ignore. If the fundamental rights of one minority can be denied, so potentially can those of others.
However, from a policy viewpoint, the Commission considers it advisable not to disregard the strong objections that were raised against the recognition of same-sex marriages by many respondents to the Commission's Discussion paper. Concern for these objections is an important consideration in the strive to accommodate religious sentiments to the extent that it is constitutionally possible.
As stated above, it is not possible to attain this goal through a separate institution such as a civil union as has been done in some countries. In terms of the Constitution, the State has to accord equal protection to all people. However, the Constitution does allow for specific protection of religious practices under section 15 (3).
The Commission therefore recommends, as its second choice, the enactment of an Orthodox Marriage Act in addition to the recommended amendment of the Marriage Act of 1961. In this context "orthodox" refers to the "confirmation of closely followed traditional beliefs and practices of a religion". This Orthodox Marriage Act will be applicable to opposite-sex couples only. In terms of this proposal, the amended Marriage Act will be referred to as the Reformed Marriage Act.
A separate Act, the Orthodox Marriage Act, will therefore provide State sanction for the solemnisation of a marriage according to the specific dogma of a religious group in its own sphere of operation. The Commission does not believe that such a sanction will impact on the dignity of same-sex couples who do not subscribe to such a church's dogma.
If Parliament accepts these recommendations, religious marriage officers will have the choice to decide in terms of which Act they wish to be designated as marriage officers. This will be a matter best left for individual faiths to decide. The State will designate its civil marriage officers in terms of the Reformed Marriage Act.
The Constitutional Court referred to this combination of the two pieces of legislation as a firm proposal. It stated that one of the features of this option would be to provide for equal status for all marriages, irrespective of the system under which they are celebrated. It is foreseen that the Orthodox Marriage Act will ultimately resort with the Islamic Marriage Act, the Recognition of Customary Act and perhaps a Hindu Marriage Act in a religious or cultural marriages category of legislation. The Reformed Marriage Act will be the generic Act which will be open to everybody and any religions that choose not to make use of their own unique Acts.
The Commission also considered the lack of legal protection for same- and opposite-sex couples who do not wish to or are unable to get married. It was noted that not every family today is founded on a marriage recognised as such in law.
In the Constitutional Court case of Volks v Robinson the court dealt with the question of maintenance of a surviving opposite-sex partner after the death of her life-partner. The Court found that in the context of the provision for maintenance of the survivor of a marriage by the estate of the deceased, it is appropriate not to impose an obligation posthumously that did not exist before death. Nevertheless, the Court expressed concern for the plight of vulnerable parties (mostly women and children) in cohabitation relationships where the structural dependence of women in marriage results in real suffering and misery. It stated that the plight of these women is the result of the absence of any law that places rights and obligations on people who are partners within relationships during their lifetimes. The Court indicated that the answer lies in the legal regulation of partnerships through legislation in order to ensure that vulnerable partners in such relationships are not taken advantage of.
The Commission therefore recommends the enactment of a Domestic Partnerships Act to provide for the legal recognition and regulation of registered and unregistered partnerships.
The Commission recommends that partners who do not wish to get married, but nevertheless want to commit themselves formally to support and assist each other, can do so by complying with a simple prescribed registration procedure before a registration officer who will be a public servant appointed by the Minister of Home Affairs for that purpose. A registered partnership is ended when one or both partners die or can be terminated through a simple procedure before a registration officer. However, in order to protect the interests of children, registered partners who have minor children from the registered partnership have to apply to the court for a termination order. The court will then ensure that the best interests of the child are attended to.
The Commission recommends that partners who want to register their relationship comply with requirements that are comparable to that of marriage, such as affinity. The Commission further recommends that there be no automatic community of property between registered partners. It would, however, be open to the parties who register their partnership to conclude a written agreement which regulates the consequences of their relationship, including the division of property when the relationship ends. In the event of a dispute regarding the division of property that both have contributed to, the court will have the final say about a fair and equitable division.
A significant recommendation is that registered partners be obliged to support each other. This obligation forms the legal basis for claims by registered partners that are usually only available to married couples, such as pension and medical aid fund benefits. Ad hoc legislative provision is currently already made for some of these benefits.
As is the case between married partners, where a child is born into a registered partnership between persons of the opposite sex, the male partner in the registered partnership is deemed to be the biological father of that child. This presumption is refutable.
Finally, the Commission considered the legal position of same- and opposite-sex couples who are not married and who have not registered their relationship for whatever reason. Many women are economically dependent on men and are left destitute and suffer hardship on the termination of the relationship. In the case of the very poor and illiterate the effects of vulnerability are more pronounced. It would be a fallacy to proclaim that these women have a real choice as to whether they want to get married or have their relationships registered, or not.
The Commission therefore recommends that the Domestic Partnerships Act provides for the regulation of the consequences of terminated unregistered partnerships.
Where partners have not registered their relationship, one or both partners can approach a court for assistance after the relationship has been terminated by separation of the partners or due to the death of one of the partners. This would be the case where there is a dispute regarding the financial consequences of the former relationship. In terms of this recommendation, the court then has the discretion to make a maintenance order in favour of a former partner and an intestate succession order where there is no valid will. The court may also make an order for the division of property to which both partners have contributed. No arbitrary definition is given for unregistered partnerships and a court deciding such an application must have regard to all the circumstances of the relationship with the view to reaching an equitable outcome. Contributions by women to a joint household through labour and emotional support have to be acknowledged.
The Commission further recommends that some legal consequences of the termination of certain multiple (polygamous-like) unregistered partnerships also be regulated. These consequences are maintenance after separation, maintenance of a surviving partner, intestate succession and property division. For these purposes, a court has a discretion to consider the circumstances of both relationships to ensure an equitable outcome when making an order.
The report was submitted to the Minister for Justice and Constitutional Development in January 2007 and it is still under Ministerial consideration.
The report was submitted to the Minister for Justice and Constitutional Development in November 2006 and it is still under Ministerial consideration.
The Commission depends for the efficient performance of its functions on the co-operation of institutions and persons who have an interest in its investigations. In order to ensure the best possible involvement of interested parties, therefore, it is the Commission's policy to inform the public as far as possible of new investigations undertaken and of issue papers and discussion papers published for general information and comment. Issue papers and discussion papers of the Commission are released by way of press statements so as to ensure good coverage. However, the Commission also submits issue papers and discussion papers of its own accord to institutions that have an interest in the investigations concerned. The reaction to these documents is an indispensable link in the process of law reform and it plays an important role in the eventual recommendations made by the Commission in its reports.
The good relations maintained by the Commission with law reform bodies and institutions in other countries make the exchange of consultation papers, reports and other information possible. In this way, valuable information is exchanged that facilitates and expedites comparative law research. It is significant how various legal systems are often faced with similar problems. The exchange of documents and information enables the Commission to evaluate thinking elsewhere in the world.
In the year under review the Commission was privileged to host the following visits and work attachments.
In line with the Commission's policy to broaden its consultation base, extensive workshops and briefings in respect of relevant investigations are held. An effort is made to host the workshops and present briefings in as many different locations (urban and rural) as possible and the target audiences are, among others, the legal fraternity, relevant NGOs, state departments, Portfolio Committees, relevant experts, and the community in general.
During the period under review a substantial number of persons and institutions responded to specific or general invitations by the Commission to comment on particular issues or to assist it with its activities in some respect. It is impossible, within the scope of this report, to mention all contributors. However, the Commission expresses its sincere thanks to all concerned - without their goodwill and assistance the Commission would not be able to perform its duty satisfactorily.
The Commission has received technical and financial support from the German Technical Cooperation (GTZ) in respect of Project 25: Statutory law revision: Review of the Interpretation Act 33 of 1957. The Commission wishes to record its sincere appreciation to the GTZ.
The Department of Justice and Constitutional Development as a whole is thanked for its co-operation and goodwill.
The Secretariat of the Commission wishes to thank the Commission members for their guidance, dedicated service and commitment to law reform.
The administrative staff members are thanked for their invaluable contribution which is indispensable for the success of the law reform process.
(Present members are marked with an asterisk.
Under consideration by the Department of Justice and Constitutional Development.
Under consideration by the Department of Justice and Constitutional Development. Submitted to the Minister in December 2000.
Act 38 of 2005 passed.
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On behalf of the Department, we like to salute men and women of steel, people who have spent virtually their lifetime in the service of the public, strengthening the machinery of government and sharpening the instincts of responsive governance. The Department of Public Works is part of government and as such has an obligation to improve public service and its deliverables. In November 2005, the Department launched the Service Delivery Improvement Programme popularly known as SDIP.
URL: http://www.info.gov.za/speeches/2006/06012511451001.
URL: http://www.info.gov.za/speeches/2005/05112212451004.
As part of its core functions, the Department of Public Works provides physical accommodation as well as maintenance and other facilities management services to the national legislature and the executive branches of our government including The Presidency. The appointment of the Facilities Management Company in that office provided a major impetus to service delivery and improved client satisfaction.
URL: http://www.info.gov.za/speeches/2006/06033012151001.
The National Construction Week is the brainchild of the Department of Public Works (DPW) and was conceived on behalf of government in recognition of the value the industry was adding to the social and economic life of the country.
Chief among those are the Umsobomvu Youth Fund, the Expanded Public Works Programme and the National Youth Commission. Both the Umsobomvu Youth Fund and the Department of Health are funding this programme which forms part of the National Youth Service piloted in conjunction with the National Youth Commission. The convention, we are told, will also propose the merger of the functions of the National Youth Commission and Umsobomvu Youth Fund to form a Youth Development Agency.
Government has realised the need to harness the strategic advantage of the built environment, including the construction industry, given the industry's pivotal role in providing infrastructure, promoting social cohesion and driving economic growth. In recognition of the value of this sector, the Department of Public Works in 1999 published a White Paper on the 'Creation of an enabling environment for the reconstruction, growth and Development in the Construction Industry'.
We have come together to hand over the completed construction work carried out on behalf of Government Communication by the National Department of Public Works. In this regard the National Department of Public Works has constructed nearly 20 Multi-Purpose Community Centres (MPCC) on behalf of Government Communications. One of the core functions of the National Department of Public Works is the provision of accommodation to government and its departments, including GCIS.
URL: http://www.info.gov.za/speeches/2004/04111009151001.
The Minister of Trade and Industry Dr Rob Davies and Deputy Minister Thandi Tobias-Pokolo will address residents of Soweto during the Gauteng leg of the national Anti-Piracy campaign that will be held at the Walter Sisulu Square, in Kliptown on Friday, 17 June 2011 from 10h00.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=19208&tid=35354 Size: 2KB Collection: speeches_cm?
>Date: Thursday, 18 November 2010 class="MsoNormal">The Deputy Minister of Trade and Industry Ms Thandi Tobias-Pokolo will address the 2010 Africa Investor Investment Climate Summit that will take place at The Ritz-Carlton Hotel in Washington DC, in the United States of America, on Friday, 8 October 2010.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=9729&tid=9746 Size: 459 bytes Collection: speeches_cm?
>The Deputy Minister of Trade and Industry Thandi Tobias-Pokolo has made an undertaking to assist music artists resolve problems that have been dogging the industry for a long time. Deputy Minister Tobias-Pokolo spoke at a three hour long meeting she had with more than 50 artists, music promoters and producers at a stakeholder briefing on intellectual property issues at the Department of Trade and Industry (dti) Campus in Sunnyside, Pretoria today.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=9646&tid=9663 Size: 4KB Collection: speeches_cm?
Since the democratic breakthrough, South Africa has established a relationship with Brazil based on common denominators, both economic and political. Brazil is also a major exporter to South Africa and as we want to see continuous investment in South Africa, we also want to see South African products entering the Brazilian markets.
>The Deputy Minister of Trade and Industry, Thandi Tobias-Pokolo has called on South Africa and Cuba to speed up the signing of the agreement on the promotion and reciprocal protection of investment to encourage investment links between the two countries.>Tobias-Pokolo was speaking at the South Africa to Cuba Business seminar which was held at the Salon de la Solidaridad at the Hotel Habana Libre, Havana, Cuba, yesterday.
>The Deputy Minster of Trade and Industry (the dti), Thandi Tobias-Pokolo, says the South African government has never been more committed than it is today, to providing support to the automotive industry.>Tobias-Pokolo was delivering a keynote address at the Automotive Industry Conference 2009, hosted by the Automotive Industry Development Centre (AIDC).
Results: 1 to 20 of 62 (104467 searched in 0.301.
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The Prevailing Interest Rates are applicable from the first day of the month (1st August 2006) until the last day of the month (31st August 2006).
2-year Retail Bond: 8.50% 3-year Retail Bond: 8.75% 5-year Retail Bond: 9.
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The Task Team appointed to look into Possible Reforms to the Fiscal Regime Applicable to Windfall profits in South Africa's Liquid Fuel Energy Sector, with particular reference to the Synthetic Fuel Industry will be holding public hearings.
The hearings will be held on 15 and 16 August 2006 in Johannesburg in an effort to receive inputs on the discussion document which is available at www.treasury.gov.za.
Any interested parties who wish to present oral evidence at the public hearings to issues raised in the discussion document should communicate their interest by 8 August 2006 to Kiyasha Thambi at 012 315 5236, or email Kiyasha. Thambi@treasury.gov.za. A time slot will be allocated to those wishing to do so.
Media queries can be directed to Thoraya Pandy on 082 416 8416.
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And in other news...
On August 9 1956, a crowd of about 20 000 South African women of all races flocked to Pretoriaâ€âs Union Buildings and their leaders delivered petitions to the government. This year, 50 years on, South Africans celebrate the massive womenâ€âs march.
"The situation on the day was very electrifying as everybody was looking forward to a serious confrontation," Amina Cachalia recalls. "As a young person at the time, the march was a learning curve for a journey that finally came to the election of the new democratic government."
Without exception, those who participated in the event described it as a moving and emotional experience. Women throughout the country put their names to the anti-pass petitions. They risked official reprisals, including arrest, detention and even banning, to make their voice heard. Many of them were tired of staying at home, powerless to make significant changes to a way of life that discriminated against them primarily because of their race, but also because of their class and their gender.
In the 1950s the governmentâ€âs increasingly repressive policies began to pose a direct threat to all people of colour, and there was a surge of mass political action by blacks in defiant response. The 1950s proved to be a turbulent decade. Women were prominent in virtually all these avenues of protest, but to none were they more committed than the anti-pass campaign.
Anti-pass campaign protests started as early as 1950 when rumours of the new "pass" legislation were leaked in the press. Meetings and demonstrations were held in a number of centres including Langa in Cape Town, Uitenhage, East London and Pietermaritzburg.
In the Durban protests in March 1950, Bertha Mkize of the African National Congress Womenâ€âs League was a leading figure, while in Port Elizabeth Florence Matomela, the provincial president of the womenâ€âs league, led a demonstration in which passes were burnt.
On January 4 1953, hundreds of African men and women assembled in the Langa township outside Cape Town to protest against the new laws.
Delivering a fiery speech to the crowd, Dora Tamana, a member of the ANC Womenâ€âs League and later a founding member of the Federation of South African Women (Fedsaw), declared: "We women will never carry these passes. These passes make the road even narrower for us. Who will look after our children when we go to jail for a small technical offence â€" not having a pass?
In September 1955, the issue of passes burst into the public eye again when the government announced that it would start issuing reference books to black women from January 1956. But the resistance that had been building in the past year ensured that passes for women would not go unchallenged.
Fedsaw, which had been formed in 1954, organised a demonstration against passbooks at the Union Buildings in Pretoria on October 27 1955. But it was the second demonstration, which took place in 1956, that had the biggest impact.
By mid-1956, plans had been laid for the Pretoria march and Fedsaw had requested a meeting with then prime minister JG Strijdom. It was refused.
The ANC sent Helen Joseph and Bertha Mashaba on a tour of the main urban areas, accompanied by Robert Resha of the ANC and Norman Levy of the Congress of Democrats. The plan was to consult local leaders who would then make arrangements to send delegates to the mass gathering in August.
"Many people organised at their own branches," remembers march veteran Caroline Motsoaledi. "We were using trains for transport to Pretoria."
The Womenâ€âs March was a spectacular success. Fedsaw claimed it was the biggest demonstration yet held. Women from all parts of the country arrived in Pretoria in traditional dress, in green black and gold and in saris. The march was led by activists Joseph, Rahima Moosa, Sophia Williams and Lillian Ngoyi.
"We were all enthusiastic to get there and see this Boer baas and tell him that we are not going to carry those things," another marcher, Dorothy Masenya, calls to mind. "So there were the ladies: Mrs Moodley, Helen, Lillian Ngoyi â€" oh, they were very many, I remember."
She said the women were apprehensive about whether anyone was going to be arrested.
"Where would they find a prison to fill up this entire mob," she laughs. "Nobody was arrested on that day."
Some women had babies on their backs. Veteran marcher Rahaba Moeketsi recalls, "Some were carrying the white children with them, those who were working for whites."
The women easily filled the Union Buildingsâ€â entire amphitheatre.
"We walked to the Union Building, we sat in the garden," said Motsoaledi. "Our leaders went inside the building to submit a memorandum to Strijdom, but they did not find him."
Neither the prime minister nor any of his senior staff were there to see the women, as had happened the previous years.
Then, at Ngoyiâ€âs suggestion, a masterful tactic, the huge crowd stood in absolute silence for a full half hour, their hands raised in the Congress salute. The women concluded their demonstration by singing freedom songs like Nkosi Sikelelâ€â iAfrika and a new song that became not only the anthem of the march, but also the credo of South African women.
"We were singing the song, which says, â€ËVerwoerd, the black people will kill you and we do not want Bantu Education,â€â" Magdalene Tsoane reminisces. "The song was saying: â€ËIf you strike a woman, you strike a rock.
Since the march, the phrase "Strike a woman, strike a rock" has come to represent womenâ€âs courage and strength. The march had finally shown that the stereotype of women as politically inept and immature, tied to the home, was outdated and inaccurate.
The Afrikaans press tried to give the impression that it was whites who had "run the show", but ultimately Fedsaw and the ANC and its partners had gained great prestige from the obvious success of the venture. Fedsaw had come of age politically and could no longer be underestimated.
Today, 50 years later, the South Africa that the women of the 1956 march fought for has begun to be realised. Currently women make up 33% of the Cabinet â€ a far cry from when Helen Suzman stood alone as a woman MP in 1953. She made her presence felt by openly opposing the policies of the National Party and urging the government to open discussion with the liberation movements. Today, the contribution that women made in our history is not only visible in our society, but in the steps of the Union Buildings.
Fifty years ago women from all over the country marched to the Union Buildings in Pretoria to burn their passes in protest against government regulations that forced African and coloured women to carry them.
Now, every year on National Womenâ€âs Day, South African women celebrate their struggle for empowerment, right to equality and the role they played in the transformation of South Africa. The motion, which was handed in by former African National Congress president Oliver Tamboâ€âs wife, Adelaide, which proposed that August 9 will be celebrated as National Womenâ€âs Day, was accepted in August 1994.
But it was only in 1955 that the minister of native affairs announced that all African women would be issued with passes starting in January 1956. Until then, mostly men had to carry passes when travelling. This announcement led to the first big anti-pass campaign for women in October 1955 with 2 000 women converging in Pretoria.
But although August 9 1956 will forever be remembered as the famous Womenâ€âs Day march, womenâ€âs struggles against passes had already started nearly half a century ago. African and coloured women already protested in 1913 after a petition with 5 000 signatures addressed to prime minister Louis Botha and later Henry Burton, the then Minister of Native Affairs, to protest against pass laws in the Orange Free State, was ignored.
The Orange Free State was the only province at that stage where women were forced to carry passes. In protest, 600 women invaded the centre of Bloemfontein, demanding to see the mayor. When they were asked to leave, they gave the deputy mayor a bag full of their passes.
The Bloemfontein marches were part of a campaign that lasted until early 1914. Women organised petitions, tore up their residential permits and met with ministers. Hundreds of women were arrested and spent time in prison. As punishment some women were beaten with sjamboks and molested and assaulted by policemen for not carrying their passes.
During the 1930s women had another setback when the Urban Areas Act was modified so that municipalities could prevent African or coloured women from entering towns.
The 1956 march was also followed by protests in the Zeerust area of the then Transvaal in 1957. Only 76 of the 4 000 women in the village accepted passes â€" the others were severely "punished": assaulted, shot and their houses burnt to the ground. Gopane Village in the Baphutse Reserve, near the then Pietersburg, and the Johannesburg City Hall also became hotbeds in the womenâ€âs marches campaign.
Women remained involved in the major anti-pass protests until it all ended with the Sharpeville massacre in March 1960.
When the Constitution of the Union of South Africa was drafted in 1909, white men were immediately granted the right to vote. White women, like many of their counterparts in other countries, had to wait until 1930 for suffrage.
In South Africa the suffragette movement was headed by the 4 000 strong Womenâ€âs Enfranchisement Association of the Union (WEAU). But black women had to wait 66 years more for their right, with the 1994 election.
But it was not only in drawing a cross on ballot paper that black and white women had different rights, but in the workplace as well. White women were the first to start working in South Africaâ€âs factories at the turn of the century, only followed by black women in the 1930s and 1940s. By then, white women had already started getting better-paid positions as clerks, secretaries, teachers and nurses.
Women were finally allowed to study for degrees in science, law and medicine in 1923 after a campaign was launched by the WEAU.
Helen Suzman entered politics in 1953. She contributed a great deal to womenâ€âs rights in South Africa by fighting apartheid in Parliament. In 1975 she tackled gender discrimination, especially discrimination against black women.
But black women leaders such as Albertina Sisulu, Winnie Mandela and the many other women who spent their time at institutions such as the Womenâ€âs Prison, opposed the government outside the formal structures that Suzman could use.
For the majority of women in South Africa, true political freedom and equality only happened in 1994 after the election, when the new government introduced the Bill of Rights that gave them the freedom they had desired for so long.
The big celebration on Womenâ€âs Day, August 9, will be a public re-enactment commemorating the 1956 Womenâ€âs Anti-Pass March in Pretoria. The Department of Arts and Culture says it expects that thousands of people will converge at the Strijdom Square in the Pretoria central business district and then march to the Union Buildings.
At the Union Buildings Deputy President Phumzile Mlambo-Ngcuka and march veterans of 1956 will receive the marchers. In the spirit of 1956, marchers will again deliver a petition to Mlambo-Ngcuka. The government also hopes that President Thabo Mbeki will address the crowds later on in the day.
Most provinces have recognised that this is the main event and have arranged transport for women to attend the march. Some provinces have also organised smaller celebrations for women who will not be able to make the journey. KwaZulu-Natal celebrations take place at the Ulundi regional stadium, while the Northern Capeâ€âs activities will be held at the Kimberley legislature.
The government is also collaborating with tertiary institutions to host a series of lectures on the 1956 march, which will end in March next year. The lectures will focus on the lives and work of some of the veterans of the 1956 march such as Lillian Ngoyi, Helen Joseph, Rahima Moosa, Ruth First, Charlotte Maxeke, Winifred Kgoare and Ellen Khuzwayo, among others.
As part of the commemorations, the South African Post Office will issue a miniature sheet, a commemorative envelope and a special canceller on National Womenâ€âs Day this year.
The photograph used on the miniature sheet was taken by the prominent South African photographer, Peter Magubane, during the march and features some of the women who led the 1956 march.
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Thank you for the opportunity to share this auspicious occasion with you. For indeed we are celebrating a ground breaking partnership on many levels. We have been called to witness a marriage of diversity - a blend of the long established skills and global expertise of Macquarie, combined with the knowledge, insight and energy of Macquarie's local, somewhat-younger bride.
Together I am sure they are likely to be a potent combination, ready to breathe fresh vigour into the local financial markets.
The combination of First South's talented stockbroking and research business with Macquarie's corporate and infrastructure advisory and debt markets business will I'm sure create a powerful South African investment bank.
Macquarie has built for itself a fierce, global reputation for entrepreneurship and seizing opportunities. This is a trait which, I am sure, must have a fair amount to do with Macquarie's Australian origins. Whilst a southern hemisphere trait not always appreciated by South African's on the sports field, I'm sure that it bodes well for Macquarie First South's endeavours in the financial markets.
It is not only our resource-based economies and southern hemisphere ties that bind us. For I am sure that Macquarie's reputation for tenacity, innovation, and hunger to bring about change is a characteristic that you will already have found echoed in the South African culture. As a global player; the number one broker in Australia by market share; and a growing force in Asia; it would seem logical that South Africa will offer great potential for expansion.
There can be few economic opportunities as exciting as South Africa. South Africa has achieved many things in its dozen years of democracy, but one of the most remarkable has been the way we have embraced a shared future, the way we have had to reverse a history of division, and the way that we are conscious of the fact that we are all, collectively, the joint custodians of our nation's future well-being. We have learnt to encourage marriages and partnerships across all sorts of former-boundaries. We have embraced the integration of South African business across international borders; we have learnt the value of public-private partnership in achieving our shared objectives; and we have been galvanized to extract the full wealth of the skills, innovation and energy of all of South Africa's people.
Much of this is encoded in the Financial Sector Charter. The Charter is indeed a remarkable achievement. It goes to the core of how the financial sector will address the urgent need to make business sense of a more sustainable, inclusive and equitable future.
The Charter represents a powerful model of collective partnership - it demonstrates how co-operation and collective effort can overcome the barriers of information asymmetry and economies of scale that are so often the major causes of market failure in the provision of targeted, developmental investment.
Secondly, it demonstrates how industry participants can, with the right vision and leadership, take control of their own destinies by realising that, ultimately, those destinies are inseparable from the long-term prosperity and development of all of our people.
South Africa has achieved the political freedom which many commentators saw as being beyond our reach, but which other country on the planet shares quite the same economic and social challenges that we do Fortunately, we are a country that is blessed with many riches - not only of the mineral kind, but also, more importantly, a wealth of vision and leadership. The world has marveled at the examples we have set of political leadership. But the same can be said of the leadership that has been demonstrated in finding homegrown solutions to our socioeconomic challenges?
Some invaluable lessons have been gathered from the Financial Sector Charter process. Firstly, through being a voluntary initiative, in many ways driven by the private sector, the Financial Sector Charter has created an incredible sense of ownership and accountability. Secondly, the architects of the Financial Sector Charter have been vigilant in terms of crafting a framework that is as broad based as possible. The Financial Sector Charter has also been unlike any other Charter in that it carves out an explicit development role in the economy for the financial sector. Not only does it commit tens of billions of Rands to targeted investment in support of SMEs, low-income housing, resource-poor farmers and developmental infrastructure, but it also sets out explicit targets for ensuring that the financial sector broadens its reach in terms of providing affordable and appropriate access to banking, insurance and savings products.
The Mzansi bank account has been a front-runner in this regard. With over 3,3 million accounts opened since its inception in October 2004, the Mzansi account has silenced the skeptics who thought it not possible to sustainably service the low-income sector of the population. The Charter constituencies are busy putting the finishing touches to an agreement on Generic Access Standards, which will see the introduction of the likes of low cost household insurance and funeral and life insurance products.
Distinguished guests here tonight will also doubtlessly be aware of the commitments made in the Financial Sector Charter to the financing of Transformational Infrastructure. Financial institutions have collectively committed themselves to provide R25 billion worth of funding for transformational infrastructure by the end of 2008.
The Financial Sector Charter recognises the need for the financial sector to dedicate funding to infrastructure projects in underdeveloped areas where communities have historically been denied equitable access to economic resources. The definition of Transformational Infrastructure is intended to focus financing efforts on entities that provide infrastructure that will contribute towards reducing infrastructure backlogs and increase the potential for economic growth and development in South Africa. Such infrastructure projects include safe water and sanitation; road, rail, port and communications infrastructure that will stimulate growth; community facilities that build pride; and social infrastructure, such as quality health care and education facilities for all.
Historically, the participation of private sector financial institutions in funding infrastructure has been limited -some of it to do with legal restrictions, but mostly due to skepticism about commercial viability. The Charter has brought about a recognition of the need for innovative thinking and collaboration between the affected financial institutions, Government and other stakeholders to address some of these real or perceived constraints.
Fortunately, I am sure that infrastructure finance will be just as high on Macquarie First South's list of priorities as it is on South Africa's. We know that Macquarie cut its teeth in Australia on private sector involvement in developing and running infrastructure - tools which it has become well known for around the world and which we look forward to you applying in South Africa.
South Africa has committed very significant budgets to infrastructure spending over the medium term. Estimates for infrastructure spending over the next three years exceed R370 billion. The funding of this infrastructure spend will be from a variety of sources. State Owned Enterprises (SOEs) have their own balance sheets and will raise capital through both the capital and debt markets. National and Provincial departments have budgets that show steadily increasing allocations for infrastructure. At the same time, we are very mindful of the need to ensure the quality of infrastructure investment. We are thus perhaps more insistent than other developing countries in requiring that investment decisions be backed by sound feasibility studies so that we can make rational investment decisions. You may find this frustrating at times, but you should understand the importance of getting the investment in infrastructure right.
When we are confronted with the practical matters of "how to" deliver on Government's transformational agenda, we must look, increasingly, to such collective partnerships. Through Public Private Partnerships (PPPs) we strive for better, more cost-effective services for all South Africans, and new business opportunities for the private sector. Both are in the interests of the nation. Doubtless, it is a fine balance to strike in each deal. Doubtless, this is why PPPs are tricky and require high levels of expertise. But it is also why we have worked so hard to get them right.
Our policy is to use diverse sources of funding for meeting our identified infrastructure and service delivery needs, and in a manner that is costeffective and appropriately adapted to the circumstances of each particular project. To make the appropriate choice in each case requires careful assessment of options and computation of costs and benefits. But we have the benefit of established, standardised systems for these assessments. Our PPP Manual is world class, providing step-by-step details of the PPP project cycle, and Standardised PPP Provisions create certainty about the terms under which our deals will roll.
Every project takes us several steps further in finding competitive solutions, in fine-tuning margins, in building trust and certainty around contractual precommitment. Thirteen PPPs have been implemented to date under the auspices of the National Treasury's PPP Unit. There are currently a further forty-eight PPP projects registered with the PPP Unit as being in either feasibility study or procurement stage. The projected private investment in PPP projects over the next three years is R13,8 billion.
We will continue to drive empowerment in every facet of PPPs because we know that these projects hold huge potential to grow new black businesses - both big and small - and to develop black management and skills.
These are the exciting opportunities that await Macquarie First South as you embark on this new journey. Making the most of the opportunities will require a diversity of skills and talents - but I feel sure that your collective experience of building a shared vision and true partnerships will fare you well for the challenges ahead.
<fn>GOV-ZA.2006081402En.2012-02-10.en.txt</fn>
The Task Team appointed to look into possible reforms to the fiscal regime applicable to windfall profits in South Africa's liquid fuel energy sector, with particular reference to the synthetic fuel industry will be holding public hearings.
The hearings will be held tomorrow in Pretoria at the Holiday Inn Arcadia (not Johannesburg as initially indicated) to receive oral inputs on the issues highlighted in the discussion document that was released on 20 July 2006, which is available at www.treasury.gov.za.
Please note that the public hearings will take place on ONE DAY only.
<fn>GOV-ZA.2006081601En.2012-02-10.en.txt</fn>
The National Treasury hereby announces the General Terms and Conditions of the Reverse Repurchase Agreement Transactions Facility (Repo facility) in Inflation Linked Bonds (ILBs).
The ILB Reverse Repo facility will be conducted by the South African Reserve Bank (SARB) on behalf of the National Treasury on an auction basis.
The first ILB Reserve Repo auction will be conducted on 31 August 2006.
The total nominal outstanding amount under this facility will not exceed R1 billion.
The term/tenure of the repo's will be disclosed in the invitation.
The announcement will be made at 8h30 on the morning of the auction on the SARB's wire services pages.
The auction will close at 10h00 and the results will be released at 11h00 on the SARB's wire services pages.
The nominal amounts which the participants want to invest in the ILB reverse repo auction.
The reverse repo rate indicating the interest that participants expect to earn on the cash amount provided to the SARB (expressed to the nearest 0, 01%).
The amounts allocated for each of the bonds on offer will be at the discretion of the National Treasury, who may decide to allocate all or nothing of the bonds on offer.
Settlement on a T+3 basis.
Cash settlements via SAMOS.
In terms of the established convention with respect to reverse repos conducted by the SARB, the coupon interest received on the bond will be payable to the supplier of the stock.
In the event of the MMIS is not being functional, participants should call the SARB's dealing desk at 012 313 4952/7, with the details of their bids, before the auction closes. Confirmation of the telephonic bids should faxed to the SARB dealing room (Fax: 012 313 4278).
Participants will be called for margin in order to mitigate against market and credit risks.
ILBs held by the counterparty are marked-to-market daily using Bond Exchange of South Africa (BESA) closing rates. The SARB will call for margin if the market value of the ILBs exceeds the cash plus total interest for the period of the transaction (repurchase price) by an amount equal to or greater than R5 million.
If the repurchase price exceeds the total market value of the ILBs purchased by participants by R5 million, the SARB will at the request of the counterparty transfer the excess margin.
Interest on cash margins will be calculated at the SAONIA rate and paid to the counterparty at the end of the month. The same principle will apply when the SARB is called for margin.
Only cash will be accepted for margin maintenance.
Participants should have signed the SARB'S Master Repurchase Agreement (MRA) and the addenda to the MRA in order to participate in the ILB reverse repo auctions.
Two signed copies should be sent to the SARB's Financial Markets Department.
Documentation in this regard is available on the SARB's website: www.resbank.co.
<fn>GOV-ZA.2006082101En.2012-02-10.en.txt</fn>
I knowthat none darechallengemewhenI say -Iam an African. I owe my being to the Khoi and the San whose desolate souls haunt the great expanses of the beautiful Cape - they who fell victim to the most merciless genocide our native land has ever seen, they who were the first to lose their lives in the struggle to defend our freedom and dependence and they who, as a people, perished in the result.
I am formed of the migrants who left Europe to find a new home on our native land. Whatever their own actions, they remain still, part of me.
In my veins courses the blood of the Malay slaves who came from the East. Their proud dignity informs my bearing, their culture a part of my essence. The stripes they bore on their bodies from the lash of the slave master are a reminder embossed on my consciousness of what should not be done.
I am the grandchild of the warrior men and women that Hintsa and Sekhukhune led, the patriots that Cetshwayo and Mphephu too to battle, the soldiers Moshoeshoe and Ngungunyane taught never to dishonour the cause of freedom.
I am the grandchild who lays fresh flowers on the Boer graves at St Helena and the Bahamas, who sees in the mind's eye and suffers the suffering of a simple peasant folk, death, concentration camps, destroyed homesteads, a dream in ruins.
Being part of all of these people, and in the knowledge that none dare contest that assertion, I shall claim that - I am an African.
In many respects this powerful statement clarified the fact that we, as South Africans, are a nation forged by people from all over the world - but we are, and must claim ourselves as Africans. So, each one of should declare _ I am an African.
1 DeputyPresident Thabo Mbeki in Parliament on the Occasionofthe Adoptionofthe "Republicof South AfricaConstitutionBill, 1996", Delivered on 08 May 1996.
This historical fact is defining for us. Our South African-ness is something we must claim and an identity that we must respect. It is a respect that we must all demonstrate by the active claiming of that distinct identity and by participating in the shaping of this nation.
Many countries have an oath of allegiance. The United States of America, for example, requires its citizens to recite, "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands: one Nation under God, indivisible, with Liberty and Justice for all." In fact there is a further pledge in the USA that requires a promise to bear arms on behalf of the United States, to perform non-combatant service in the armed forces, and a series of similar commitments. The shorter version is recited in schools across the country very frequently.
In Australia, there is a Pledge of Commitment that requires its citizens to recite, "From this time forward, under God, I pledge my loyalty to Australia and its people, whose democratic beliefs I share, whose rights and liberties I respect, and whose laws I will uphold and obey."
As South Africans, our pledge is to our Constitution, its values and its principles. It is used when people acquire South African citizenship and it reads, " I,, do hereby solemnly declare that I will be loyal to the Republic of South Africa, promote all that will advance it and oppose all that may harm it, uphold and respect its Constitution and commit myself to furtherance of the ideals and principles contained therein."
It is onlyrecitedby new citizens. The rest of us are meanttobegood citizens, well aware of our responsibilities. As President John F Kennedy once said, "Ask not what your country can do for you, but what you can do for your country." We have to ask, what can I do to make this country truly great.
The commitments we make are much softer than that of many other countries, but we should not ignore the value of this softer approach. It is a conscious effort to ensure that we all take ownership together to create this sense of space, place and respect.
You will all be aware that the motto on our Coat of Arms reads, "!Ke E:/Xarra //Ke". These words, drawn from one of the ancient Khoi-San languages, called /Xam says ,"Diverse people unite".
Our task, as young South Africans is to give form and substance those very important messages and symbols. In doing so, there are some aspects that appear confusing. On the one hand, the Constitution accords political rights - to form parties, to contest elections and to vote, to all its citizens, over the age of eighteen. So, in the political sense, we all have total equality.
The big challenge arises when we try and implement measures to give effect to those words from our Constitution that read, "We recognise the injustices of the past." The difficulty is that under apartheid, the rights to ownership and control of every aspect of the economy vested almost exclusively in the hands of white men. We must therefore work to ensure that we can, as part of building this democracy, deracialise the ownership of the economy.
Twelve years after the establishment of democracy, the picture is still not very pretty. If we look at the statistics for Directors of the Top 100 Companies in South Africa - there are 2 489 Directors, of whom 202 are women (105 White Women and 97 Black women) and of remaining 2 287 Directors, 351 are Black men. In other words, 1 936 of the 2 489 Directors are White men. And, of all the 384 companies listed on the Johannesburg Stock Exchange, only 1% have women as Chief Executive Officers. The same holds true for certain professions, such as Chartered Accountants, of whom there were 25 346, at last count. Of the total, only 5 827 (23 %) are women, and of this number, 4826, or 83% are White Women. Of the 19 519 male Chartered Accountants, 17 600 , or 90% are White men.
I am sure that you will all share with me in recognising that from your own experiences in class, it would be quite incorrect to infer that either Blacks or women are less capable of excelling at particular subjects. I would even guess that in most instances the top students in Mathematics or Science are girls. If this is correct, then the poor representation of Blacks and Women in key positions in the economy can surely not be as a result of nature, it would then have to be a consequence of what our Constitution refers to as "the injustices of the past".
If we recognise this fact, as the Constitution requires that we do, we have to act to correct it. This presents us with a difficult but necessary task. As a government, we have debated this issue at great length and concluded that, since it will not self-correct, the process must be assisted. This process is called "Employment Equity".
There is an Act of Parliament called the Employment Equity Act that sets as its purpose "To achieve equity in the workplace by a promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and b implementing affirmative action measures to redress the disadvantages in employment experience by designated groups, in order to ensure their equitable representation in all occupational categories and levels in the workforce." The Employment Equity Act says that : "designated groups means black people, women and people with disabilities" and also says that "black people is a generic term which means Africans, Coloureds and Indians". So, it is clear that this Act is a measure to deal with the injustices of our past, by focusing on better opportunities.
These are very difficult issues, yet they are necessary to ensure that we can build a South Africa whose fortunes and future we all share, regardless of our own personal history of advantage or disadvantage.
Similar issues arise in the context of sport, where we really must work to ensure that we have greater respresentativity of race in our national teams to ensure that we can all support the teams, raise our flags in respect of the teams and together share in the glory of victory or the pain of defeat. Again, this is a very difficult task - there may be players who consider themselves good enough to make the team, but feel overlooked in the interests of representativity. This is exceedingly difficult - but it will get much better as we ensure an equalisation of opportunities from early in the lives and development of the talents and skills of all of our people.
I want to assure all of you that contrary to what you may hear occasionally - this is not apartheid in reverse. It is a painful but necessary set of actions that we must live through to ensure that we build a durable democracy in South Africa where our nationhood will be shared by our children and grandchildren. It is perhaps best described in Afrikaans where the words for what we seek to achieve are Regstellende Aksie, literally translated as "corrective action".
I raise these matters with yourselves - you are a generation of teenagers, most of you are from distinctly privileged backgrounds and none of you would have been responsible for, or even grown up with formal apartheid. Many of you will feel hard done by - some of you may even be of the view that you are being overlooked. But I raise these matters with you, difficult as they are, because I fervently believe that if you understand the challenges before us, if you accept yourselves as South Africans, if you commit to a better future for all citizens of our country, you will assist us in addressing these very difficult matters. We have no room for failure. Former President Nelson Mandela said at his Inauguration as President on 10 May 1994 - remember that he was the first President of a democratic South Africa- Out of the experience of an extraordinary human disaster that lasted too long, must be born a society of which all humanity will be proud. Our daily deeds as ordinary South Africans must produce an actual South African reality that will reinforce humanity's belief in justice, strengthen its confidence in the nobility of the human soul and sustain all our hopes for a glorious life for all.
Let us build such a reality, together as proud South Africans, and as Africans all.
<fn>GOV-ZA.2006082801En.2012-02-10.en.txt</fn>
The results of the DBSA once again tells the story of an exceedingly well managed institution capable of exceeding the targets it has set for itself both in respect of financial performance and in respect of a number of development indicators. For this both the Board and the Management are to be congratulated.
Mr Paul Baloyi is now the CEO of the DBSA. I know that he has used the time since his appointment to good effect, and that he is determined to reposition the DBSA to be better able to meet its historic responsibilities. He, and the entire management must know that government will fully support the cultural and strategic shifts that he is seeking to drive.
The DBSA occupies a difficult space. We need to remind ourselves that it is one of our premier development finance institutions - it is not merely a bank, it has to operate in those areas where the market fails. The client base of the DBSA is primarily local government, and financing its infrastructure, in particular.
The year under review has been insecure for local government - the fact of the Local Government Elections, held on 01 March, induces that measure of uncertainty where councils were uncertain of their ability to either undertake new infrastructure development or to take on new debt. This will be a cyclical feature for the DBSA, which thankfully is now behind us for the next five years.
The changes that the DBSA will have to effect include its ability to deepen relations with its client base and to attempt to even out the cyclical nature of its lending. In this regard, I have no doubt that the important initiatives taken will bear fruit - on the one hand, there is the Development Fund which has received transfers of R 479 Million since 2002, and in the year to 31 March increased its disbursements of Capacity Building Grants to R120 Million (up from R 74 million and R 41 Million in the two preceding years). On the other hand, there is the brand new initiative called Siyenza Manje, which provides hands-on technical expertise to municipalities in a range of disciplines. Both of these are very significant investments designed to overturn the reality of reduced capacity amongst municipalities. The measure of their success will not only be in stronger municipalities, but also in a strengthened partnership between these and the DBSA. It is an investment that must bear fruit.
There is a broader context within which all of this takes place - we have a responsibility, both as government and through our development finance institutions, to ensure that democracy tangibly improves the quality of life of the poorest South Africans. We have the Millennium Development Goals as a very direct measure of our commitment and endeavours. Whilst important parts of the MDG's deal directly with the immediate mandate of the DBSA - in respect of issues such as access to water, sanitation, clinics, schools and roads, we must accept that the mandate of the DBSA is broad enough to include the development of social and human capital. It is in addressing these issues that an institution such as the DBSA encounters the greatest difficulties - our Constitution vests responsibility in elected governments in three spheres - the DBSA is not an elected government, so its enthusiasm is curtailed until there is a call for its services, especially in the non-infrastructure and non-business areas. Yet, we cannot pretend that we will either deliver improved local government services or infrastructure without the necessary development of human capital. So, whilst we recognise the fine line separating responsibilities, we must continue to encourage the DBSA to think through the entirety of its mandate.
A second contextual matter that we need to lean on the DBSA in respect of, is to be the conscience of government to ensure an improvement on the built environment. The DBSA has responded and there is already a pilot project underway to create communal space in housing areas recently constructed. I am mindful of just how difficult it is to return a few years after housing has been handed over, to create space that should have been provided initially - but if this were just banking we would not have attracted the staff we employ at the DBSA. The-still-to-be-named communal space initiative will be defining of the DBSA's role in new communities. Similarly, the initiatives now being tested with the private sector in the delivery of tourist infrastructure in Port St Johns is the type of project that must provide for the DBSA an active learning process because it is so rich with opportunities for empowerment and transformation. It will have to be expanded, replete with the applied knowledge and additional private sector partners will have to be encouraged to join with the DBSA.
A third matter, that I raise repeatedly, is the need for counter-intuitive thinking about the lending book to ensure that the traditional appraisals of risk are inverted to ensure that we can channel resources to areas of greatest need. This matter has become decidedly less difficult - just a few years ago, commercial banks saw the poor as a hassle not worth providing banking services for - now we have seen that in a mere 18 months there are over 3.3 million Mzansi account-holders. Suddenly, the pyramid has been inverted and there are so many new possibilities. The DBSA will have to tackle this matter in relation to municipalities and must realise the potential of its so-called 'Market 3.'
A fourth contextual issue is the transformation of SADC. The SADC Heads of State, meeting in Summit in Maseru, just 10 days ago, strengthened their collective resolve to regional integration. The Summit emphasised the need to scale up the implementation of the integration agenda and reiterated the centrality of the Regional Indicative Strategic Development Programme (the RISDP). A special Ministerial Committee was established to work with the Secretariat to define a road map for eradicating poverty and fast-track implementation - and to report to an Extraordinary Summit in October 2006. Quite obviously, we must recognise that economic integration will not arrive either because of our commitment thereto, or simply because we know that it is the most desired step; it will have to be painstakingly and organically delivered. There are few institutions as capable and well positioned as the DBSA to partner with the SADC Secretariat in order to deliver a viable economic region. This does mean that the focus of the DBSA will shift from its primary emphasis in SADC on Private Sector Development to all of the elements of integration.
The period ahead under the new leadership of Mr Paul Baloyi, supported by the new head Strategic Initiatives, Mr Gwede Mantashe, is going to be exceedingly exciting. Their innovations need a strong, well managed institution - that is indeed what the Annual report confirms that they have. For this, we must express our heartfelt appreciation to Mr Mandla Gantsho, for his role in providing this foundation. He, of course, continues to serve us, albeit now at the African Development Bank.
It is appropriate too that we express our sincere appreciation to the Board of the DBSA who have become a model of corporate governance. I want to express a special word of thanks to Mr Jay Naidoo, in his capacity as Chair of the Board, and also to Professor Brian Figaji, in his capacity as Chair of the DBSA Development Fund.
<fn>GOV-ZA.2006083101En.2012-02-10.en.txt</fn>
Recognize the injustices of our past: Space and its use, was the cornerstone of apartheid. So, the democratisation of space is an enormously important part of improving the quality of life of all citizens, as we are required to do by the Constitution.
The economic history of South Africa was shaped by the demands of the mines - for land and for the creation of a proletariat. The 1913 Lands Act, accompanied by the introduction of migrant labour soon after the discovery of gold and diamonds shaped residential patterns in South Africa. Much of the struggle against apartheid was shaped by struggles against the Group Areas Act and forced removals. Space was central to the undemocratic practices of apartheid. So, how do you correct the use of space in the interests of democracy?
The City of Tshwane covers a huge geographic space. It still contains all of the elements of apartheid design - so, in one direction there are the townships of Mabopane and Soshanguve side-by-side. Mabopane is a proper place name, the township of Mabopane was incorporated into Bophutatswana, as a township for seTswana speakers, whilst the old area of Mabopane East was set aside for the Sotho, Shangaan, Nguni and Venda speaking people and called Soshanguve. None of the Pretoria townships - Mamelodi and Atteridgeville for Africans, Eersterus for Coloureds and Laudium for Indians, were within twenty kilometres of the city centre, and each one of them kept distinctly separate. Towards the east, Ndebele speaking people were herded to areas such as KwaMhlanga, Quaggafontein and Vlaklaagte , where people still live, whilst they work in Pretoria - people travel distances in excess of 100 km each way per day, and it is not unheard of for people to spend in excess of 5 hours a day in buses to and from work. Government subsidises these bus trips at the rate of almost R 400 per passenger per month - some of the commuters are contract cleaners, currently on strike because they earn wages as low as R 600 per month. At face value, these subsidies do not appear very rational.
So, how do you democratize the space in and around Pretoria, within and beyond the boundaries of the Tshwane Metro area?
Or, let us turn to Cape Town. An imaginary line was constructed at Beaufort West, called the "Eiselen-De Vos-Malan Line'. This marked the eastern boundary of the Coloured labour preference area. Africans were preferred in as migrant workers - with families required to stay beyond "the line". African people needed to secure Section 10.1.a rights to live West of "the line" with their families. Of course, the dompas carried all of the details of where the bearer was from, where he/she worked, what rights accrued to them and whether they had paid their "hut and poll taxes".
All of the geography of apartheid is still present in the Western Cape and in the City of Cape Town in particular. In terms of the geographic design, the wealthy, obviously whites, would live on the Atlantic Seaboard, and in the leafy suburbs at the foot of Table Mountain and Devils Peak, and Black people collectively, confined to the Cape Flats. Twelve years into democracy, the patterns are still very much the same - some blacks, as a consequence of social mobility now live in the former white areas, but the patterns of the Group Areas remain, long after its repeal.
Under apartheid the system was maintained through vicious repression, including the extensive use of Influx Control legislation.
So, how should we democratize space to destroy the patterns of race, language and class Naturally, when influx control was repealed and people were free to move, many people left the poverty of the rural areas, flocking to the cities in the hope of finding employment . The City of Cape Town saw an in-migration of 129 400 people between 2001 and 2006 - amongst this number are the poorest inhabitants of this City. When people leave their rural homes for a chance in the cities, they are frequently desperate, and therefore do not hang around until accommodation, employment and schooling are in place. People move and try and make do - so nationally despite our best efforts, the number of informal settlements has increased since the dawn of democracy. We buil?
2.3 million houses since 1994, but during the same period, the number of informal dwellings grew by about 450 000.
How should we democratize space and the built environment in particular?
Rent and prices shall be lowered, food plentiful and no-one shall go hungry;.
So, how do we perform against our own value system and aspirations?
Part of what we have to unpack is that the very Constitution I referred to earlier has given us a complex three-tiered system of government, with the powers of functions of national, provincial and local government defined and protected. Part of the difficulty is the speed with which urbanisation takes place - nobody waits for the most appropriate time. Part of the difficulty is that the backlogs inherited were phenomenally huge. Part of the complexity is that our economy is not creating sufficient employment for unskilled or low-skilled workers. So, unraveling this issue is exceedingly an important part of the measure of the quality of democracy. Yet, there is no reason for despondency - take a metric of services delivered - 2.3 Million houses built; over 700 clinics built and 215 mobile clinics established; thousands of classrooms constructed, almost 100% enrolment of learners between the ages of 7 and 16, with literacy rates of 15-24 year olds now at 96%; there are more than 10 million beneficiaries of the social grants system, of whom 7 million are recipients of Child Support Grants; water has been supplied to 10 million people, sanitation facilities to over 6 million people and electricity to about 16 million people, all financed by government; over 3 million hectares of land has been redistributed benefiting some 700 000 households.
Slums shall be demolished, and new suburbs built where all have transport, roads, lighting, playing fields, crèches and social centres.
This is not a uniquely South African problem, many developing countries experience similar challenges in varying degrees. There is this wonderful Brazilian movie called City of God. I say a 'wonderful movie' because its texture is so rich, and it offers a prism through which we can see our own situation refracted. The City of God - is a slum in Rio de Janeiro - it is a story of juvenile gangs, heavy drug and arms trafficking and alarming levels of violence. Why is Brazil still battling to democratize its built environment - their history is somewhat different from ours - or is it really?
In fact the similarities between the movies City of God (Cidade de Deus) and our own Oscar-winning Tsotsi are truly incredible, though it shouldn't be since life in the favelas in Rio and the townships in Johannesburg are indeed so similar. In fact, the city of God could be Manenberg, Vosloorus, or even parts of Chatsworth. Paolo Lins, the author of the book, Cidade de Deus, who himself is a native of that City of God, talks of three social layers that obtain there - on top are people who continue to keep families together, and find jobs outside the slum; in the middle, one finds people who can still organize their lives, but do so on much lower, and frequently less-formal pay, and at the bottom are the unemployed, alcoholic and drug-addicted people, striving to survive their social exclusion. He goes on to ask, If it was not possible to sell drugs, what would drug dealers do?
I repeat that the City of God offers a useful prism through which we should see the lives of many of our people refracted. The challenge before us is how to democratize the built environment and who will be the heroes and heroines who will drive these changes?
Thorstein Veblen was one of the few great economists of the 19th Century who understood that the world was a rough, nasty place, in which businessmen left to their own devices were savage and unprincipled, and markets are governed more by greed and power than by prices or competition. He was an untidy, unkempt neurotic social critic of Norwegian farming stock, who refused to have a telephone and gave all his students the same grade irrespective of the quality of their work, except that if someone needed an A instead of a C in order to get a scholarship he would happily oblige. He wrote The Theory of the Leisure Class and gave us the concept "conspicuous consumption" and explained that modern business practices were elaborate constructs for the seizure of booty through the minimum of physical exertion.
The hero of Veblen's world was not the hard-headed capitalist, nor the enterprising trader of the "classical" economists, but the engineer. Businessmen, in his view, were most successful when they deceived the public and abused the power and opportunities at their disposal: it was the engineer, the physical planner, the designer, the industrial craftsmen, who was the real creator of prosperity and modernisation.
The exploitation of a business opportunity requires a single-minded, blinkered, brook-noopposition ruthlessness. The organisation of an industrial operation, or the planning of a city, or the integration of a transport system - the things that are the business of engineering and operational design and built infrastructure - these things require intelligent systems integration and coordination and honest transparency.
Veblen was describing the late American 19th century age of rampant capital accumulation and rapid industrial expansion, and it is an extraordinary feature of this age that we know more about its great business tycoons, the Rockefellers and van der Bilts and Carnegies, than about the great engineers and designers. But think about the extraordinary genius and far-sightedness of the designers of the great American cities, their transport and sanitation systems, the construction of electricity and water supply networks, the calculus and conviction that made high-rise buildings possible.
Nowadays, the headlines are dominated by business dealmaking and career prospects in high finance are disproportionately tempting. But in fact, as Veblen rightly understood, it is engineering design and network planning and organisational interconnectedness that are the real intellectual challenges of South Africa's economic reconstruction.
The complexities are not just structural.
Think about the difficulties of designing, financing and managing regional water systems, that serve several villages and communities, some rich, some poor, in several municipalities, with several sets of municipal councillors and community groups to consider, a few farmers and a prospective platinum mine all wanting to secure water rights at the lowest possible cost, the provincial environmental regulatory office and a clutter of inquisitive ecology-sensitive NGOs and lobby groups to complicate matters, all the uncertainties associated with weather predictions and climate change to consider, and a rapidly rising cement price to take into account.
That's just the first clutch of complications. It turns out that the project is partially funded from the national budget, the province has a regulatory and planning responsibility and three municipalities all have overlapping interests in purchasing water for local use. The Public Finance Management Act comes into play because of the national funding, but so do the MFMA and the Municipal Systems Act, and their requirements are in several respects incomprehensible or contradictory.
Or think about modern communications infrastructure planning: do we really know whether it makes sense to invest in inter-city fibre-optic cable networks, or rely on wireless satellite-based transmission; do we shift to digital broadcasting transmission, or do we wait for the next cost-reducing technical step-change?
In the early 1890s, the then town council of the leading frontier town of Grahamstown had to decide how to go about improving the state of lighting in the main high street and thoroughfares, then served by a solitary paraffin light. Careful consideration was given to the new-fangled "electricity" option, but the city fathers decided unanimously that they would invest rather in piped coal gas as the more reliable and familiar source of lumination energy. Did they really have the best available advice Who gets the blame if costly mistakes are made when network investment decisions are taken?
We never have perfect information at our disposal when these decisions are taken; technological change is too rapid for that. But this simply makes it that much more important that good quality analysis is available- to sort out different categories of uncertainty, to select and plan on the basis of informed judgment and a healthy sense of the relevant probabilities and possibilities.
Think now about how the world changes when we move from sluggish economic growth, even slow decline, behind barriers of self-reliance and sanctions, to modernisation, accelerated trade and integration into the global industrial and technological environment. Economic growth even at comparatively modest rates of 5 or 6 per cent a year means something like a doubling of the investment in new plant and equipment, adaptation of new technologies, learning of new skills and construction of modern infrastructure, by comparison with the slow-growth era. It is an enormously more challenging and interesting world, and especially for the engineering and design of network industries.
This isn't only a technological challenge. In reality, almost any engineering project brings with it social, environmental, economic and financial dimensions that involve difficult judgments and value considerations. Relative interests of rich and poor, farmer and industrialist, households and businesses, short-term gain against long term sustainability - these trade-offs and judgments come into play in all kinds of ways, in the siting of the waste disposal plant to the pricing of the water services to the choice of electricity generation technique.
And urban planning, for all its analytical principles and environmental norms and standards, is very much about how society brings different groups of people together and how we integrate, or separate, lives and livelihoods. The old apartheid city planners built just two entrances to every township so that a Casspir could be parked at each junction to check what was going on. (Do today's students know what a casspir is) Today we have to drive new highways through those control-points, and build market spaces and trajectories across town and township that contribute to social consolidation. This is about thinking laterally, imaginatively and with a long term vision. And it's surely a whole lot more fun than merchant banking?
The challenge remains - how do we democratize space And, how do we right the injustices of our apartheid past Are we worthy of our Constitution, or the vision of the Freedom Charter that shaped the Constitution Who will be the heroes and heroines of this new struggle?
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I am honoured to be present at this launch, as it signifies an important paradigm shift in respect of the role this Institute will in future fulfil within the accountancy profession. SAIPA is being launched at a time when the accounting profession is experiencing credibility problems. The launch is also a culmination of serious introspection done by the members of the institute to define the role the institute ought to play within the confines of existing legislation. I congratulate the board and the members of the institute for maturity displayed in addressing the challenges the changes SAIPA sought to introduce in the past two years. The resolution and this launch lays a foundation for all stakeholders in the accounting profession to work together to ensure the country produces the financial management skills that are needed to attain the desired levels of economic growth.
The amendments to your constitution that allow for broad participation in the affairs of this board creates an environment in which more innovative and cooperative strategies can be developed to address the shortage of accountants in the South African economy. As I will indicate later it should be possible for members of this institute to become registered auditors if they so wish and meet the requirements the regulatory board may prescribe.
Programme director; allow me to talk briefly about the importance of the accounting profession in the South African as well as the world economy. The observations made by the Nobel Prize-winning economist, Joseph Stiglitz are relevant in this regard.
Corporate financial reports are tremendously complicated. That's why accountants get hired. They are supposed to present profits and losses, and net worth and so on, in standardised ways that can be widely understood. Some argue that capitalism and the modern corporation - could not have arisen without a reliable accounting industry able to provide a reasonably accurate picture of a firm's net worth and profits.
Without that information, how can anyone assess the value of a firm Equities are supposed to give the stockholder a share of a firm's profits; but if the firm could simply make up any old number, who would buy a share?
This observation alludes to the importance of the accounting profession as well as accountants who are professional, observe the highest standards of ethical conduct and deliver a service of the highest quality to the organisation they belong. This expectation is consistent with the role that the profession has played throughout its history. The survival of businesses during the industrial revolution in Europe depended largely on accountants to help corporations understand the health of their businesses. It is the accountants that brought innovation to trade that allow price discrimination based on the intrinsic value of the product and the status of the buyer as was the case before 1770. Accountants provided valuable information to the shareholders during the times of depression that allowed the captains of the industry to steer their ships to safety. There are numerous positive examples of the contribution accountants made in the economy, but as we all know there have been regrettable instances of malfeasance and corruption committed by corporations with assistance of accountants. The impact of these practices has caused untold hardships to ordinary citizens whose lifetime savings were lost as a result.
It is this fact, that leads me to challenge SAIPA on its launch to ensure that it develops an institute that will distinguish itself by hosting a group of accountants who are professional, observe the highest ethical standards and provide quality services. It is critical that SAIPA establishes mechanisms both to provide an environment of life-long learning and skills upgrades and ensures that those of its members who bring the accounting profession and the institute into disrepute are appropriately sanctioned.
I am mindful that many of the members of SAIPA offer an invaluable service to many small and medium businesses. The overwhelming majority of these businesses are unlisted and too small to hire a battery of skills in-house. Consequently, many SAIPA members are, in effect, the CFO's and investment advisers to these businesses. Too many small and medium businesses in South Africa face untold growth constraints.
Limited knowledge of where to raise funds.
I am not suggesting that members of SAIPA should be limited to servicing only small and medium businesses, but I am simply affirming that the diverse membership of SAIPA as opposed to other professional bodies places it in a unique position to respond to these challenges. Understanding this role is the key to understanding how we must dynamise the South African economy and, very importantly, create the much-needed employment opportunities. To achieve these objectives, your client base is likely to remain more important than the large corporations.
It is also worth thinking laterally about some of the unique attributes of SAIPA members. Accountants in India, much like the members of SAIPA do an incredible amount of outsourcing work for firms in the USA - a recent article tells of how increasing numbers of tax returns in the USA are completed by accountants who live and work in India -the article advises, "American firms scan an individuals tax documents into a computer. An Indian accountant logs on, fills out the return on his computer, and then it's printed out in the US, checked, signed and sent to the IRS." The future of SAIPA, and its ability to attract an ever-increasing number of members will be determined by the institute's ability to innovate, to assist its members to operate at the cutting-edge of technology and to utilise the competitive edge that small partnerships have in an increasingly interconnected world.
"The 19th Century saw the foundations laid for modern corporations; this was the century of the entrepreneur. The 20th century became the century of management The 21st century promises to be the century of governance, as the focus swings to the legitimacy and the efficiency of the wielding of power over corporate entities worldwide."
This profound characterisation was written at a time when the corporate world was badly tainted by a series of major corporate collapses and corporate fraud on a scale previously never experienced. Global confidence in corporates and the accountancy profession dropped to an unprecedented low, necessitating a radical review of legislation and regulatory systems. Sadly, we in South Africa also experienced similar collapses and fraudulent behaviour, with many examples that we can refer to.
The recently promulgated Audit Professions Act is an example of our ongoing efforts to ensure better mechanisms to strengthen our corporate governance, responsibility and accountability. Not only does this Act protect and define the role and functions of registered auditors, but it also seeks to ensure the integrity, reliability and validity of the attest function they perform.
"It serves us well to remember that no market has a divine right to investors' capital If a company does not have a reputation for strong corporate governance practices, capital will flow elsewhere. If investors are not confident with the level of disclosure, capital will flow elsewhere. If a country opts for lax accounting and reporting standards, capital will flow elsewhere. All enterprises in that country - regardless of how steadfast a particular company's practice may be - suffer the consequences."
As a developing economy we face greater scrutiny in our efforts to attract foreign direct investment. In a study conducted at the Stanford Law School to examine the relationship between a company's corporate governance behaviour and its market value, it was found that institutions looking to invest in emerging economies were much more likely to invest money in companies that had sound corporate governance practices.
Ladies and Gentlemen, by legislatively defining the space for auditors and accountants, we are intent on removing confusion in respect of these disciplines in the minds of the public. Never was it our intention to stifle the very important role accountants play within our economy. On the contrary, we believe that their role, especially within the small and emerging business sector, has in fact been enhanced. Their role in assisting businesses and individuals conduct their financial affairs in the most responsible and productive manner is strongly recognised and appreciated. Those who portray their role and functions as inferior to the attest function performed by auditors, are deliberately malicious. Without their services and skills, our economy would be unable to function.
I also need to emphasis that the Auditing Profession Act does not preclude any one from conducting an audit. It simply specifies that in order for audit services to be provided by any firm or individual, such firm or individual ought to be registered with the Independent Regulatory Board for Auditors. The legislation seeks to level the playing field in this regard, but we are mindful of the needs for the highest professional standards that need to be maintained. I have also requested a comprehensive review of the entrance requirements in an endeavour to facilitate entry for persons who may have undertaken a route of study other than an accounting degree. I therefore would urge SAIPA to ensure that it influences the processes with the Regulatory Board that are intended to allow for more professional bodies to be recognised.
You now need to tirelessly work towards implementing your comprehensive transformation policy by eradicating all vestiges of racism and sexism from your Institute, and by ensuring that an ever-increasing stream of black learners enter the accountancy profession and are afforded a worthy professional home.
I look forward to in future working with this Institute in the service of all our people, as we steadfastly to the values enshrined in our Constitution. Your new name and identity now requires every member of this Institute to give substance and meaning to it. Build this Institute with pride. Grow its membership as part of the deepening of our skills base. Link arms with other institutes in the profession. Let us build a better future, together.
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The Prevailing Interest Rates are priced off the government yield curve, and will be changed if the yields of the RSA Government bonds move (negatively or positively) by more than 50 basis points. Interest Rates are applicable from the first day of the month (1st September 2006) until the last day of the month (30th September 2006).
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The Minister of Finance Trevor A Manuel, MP will address the media about the upcoming IMF/World Bank Annual Meetings to be held in Singapore later this month. The Boards of Governors of both the IMF and World Bank meet annually to discuss the work of their respective institutions and decisions are made on how current international monetary issues should be addressed.
Minister Manuel will outline some of the key issues that the South African government will be taking to the Annual Meetings.
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As many of you know, we have recently had the privilege of discussing the development of the South African economy, and prospects for improving its growth performance, with an eminent group of international economists.
These discussions have been frank and wide-ranging - we have explored the numbers, and various possible interpretations of the numbers, and various explanations of the interpretations, and then possible alternatives to the numbers, because the explanations throw up some puzzles about the numbers which may turn out to be wrong or to be measuring the wrong things.
And so it is with some trepidation that I agreed to join you this evening, for it is not at all clear just what it is that we are celebrating this evening.
This confusing and incoherent clutter of numbers and trend-lines and interpretations and algebra and explanations and interconnections that we call the economy, that once was more simply called Political Arithmetic, this babble of ideas and statistics and completing perspectives, turns out to be the Newsmaker of 2005.
It is not just that our international guests, with whom we have been in discussion on these things, have raised some anxieties in my mind about what we are measuring and where we are headed. It is not just that the Economy is a rather abstract category of news, or that it is a little hard to believe that the news-reading public, or even the newswriting public, really experienced the economy as the most startling event of last year. These are puzzles enough. But there is more. Our international guests have been frank, analytical, engaging, and sometimes a little rude.
So your economic growth increased to 5 per cent last year.
Very good. So the world economy is doing very nicely, so the gold price is up and the platinum price is up, and you have a lot of capital inflows, and people are buying a lot of cars, but what have you done to make all this happen So your economy is growing very well, but what makes you think you can take the credit What have you done to make these things happen?
Which is a good point. If the economy was the newsmaker last year, that is not just about the role of fiscal or monetary policy, or the Budget, or even about domestic policy and economic management, as distinct from global developments and events that may be way beyond our control.
And it happens that last year's numbers contained several pleasant surprises, but of course economic news often isn't pleasant, and if I suggest this evening that the Ministry of Finance contributed to delivering last year's good news I might regret the implications when things move in the wrong direction next year or the year after.
So let me start off by saying Thank You, It is special and wonderful to be here, but this newsmaker thing: it wasn't me...
One year of good economic growth is all very well, but the news that really counts has to be measured over a longer time span. The numbers aren't in yet, and won't be for a long time to come. It is not one year's growth performance that counts, but sustained growth and development over a long time period, over several decades, that has the potential to make real and persistent differences to the quality of life of ordinary people, of ordinary South Africans, of the Southern African region, and of Africa more widely. So let me say a few things this evening, not about last year, or this year, but about the long run dynamics of social and economic development. I would like to explore with you just one simple idea, an organising principle of public policy if you like: that what we are able to enjoy today, what we see in the current statistics and trends, is a consequence of the choices we made a decade ago; and the things we do today, the things that really count, will make a difference to the lives of our children and our children's children.
And let me be bold enough to suggest that the reason we are here tonight, the real reason the performance of the economy last year won the jackpot in the newsmaker stakes, the reason the economy edged out Britney Spears and the Presidential Succession and Brett Kebble and National Despair over the Performance of the Football/Rugby/Cricket teams, is that we have only now, in the last year or so, realised as a nation, that we can overcome the terrible legacy of our history, that we can overcome that economic disability, that we can build an economy that works, a society that we can be proud of, that we can leave our children a legacy of rising prosperity, that if we make the right choices we can succeed in constructing a dynamic economy and leading the region and Africa more widely out of the morass of despair. Poverty is not yet history, but we can, and we will, progressively put deprivation behind us.
Not overnight, not in one year or in five, or even in a decade. But we can do what is necessary to set our trajectory unambiguously on an upward path.
Let me begin with the decade that is past.
We tabled a macroeconomic strategy in Parliament in June 1996. It was not a populist document: it set out some blunt messages. It said we would lower the budget deficit, and we did. It said we would liberalise exchange controls and reduce trade barriers, and we did. It said we would target monetary policy on reducing inflation, and we did. It said we would step up public infrastructure investment, and, well, that project is still under way. It said we would invest in training and skills development, and we did, although in truth the effectiveness of the new sector education and training authorities has yet to be proven. It said we would establish a structured flexibility in the labour market, which we did: with perhaps a little more emphasis on the structure than the flexibility.
GEAR was tabled under circumstances of stuttering economic confidence and real prospects of financial capital flight. Economic reconstruction and the achievement of more solid growth and employment were held back by the emerging market crisis of 1998 and 1999. This was a period of huge public policy transformation - education curriculum change, primary health care reprioritisation, land restitution, expansion of the housing subsidy programme, municipal infrastructure financing and free basic services, a new labour relations and dispute settlement environment, phasing out of the general export incentive scheme, restructuring of state assets. These specific policy reforms were more or less satisfactorily implemented, and in several areas the reform project is still incomplete, or there are important shifts of direction for the decade ahead. But the important point is that the economic and social policy shift was not just about macroeconomic management, it was also a comprehensive review and reorientation of microeconomic, sectoral and regulatory policies and practices.
So perhaps it is not a surprise that the economic projections of the GEAR framework were naive, and as things turned out the intended boost to growth and employment creation over the period 1996 to 2001 was compromised by global financial market turbulence in 1998 and the need to take corrective fiscal and monetary measures. But the real success of the 1996 strategy was the momentum given to growth and development in the post2001 period. Stronger private sector investment and employment creation, the expansionary orientation of fiscal policy, broadening of the social security net, stabilisation of inflation within the 3 to 6 per cent target band, lower real interest rates and broad-based improvements in business and consumer confidence all have their roots in the macroeconomic and fiscal consolidation that was crystallised in the 1996 strategy document.
It is of course not possible to reconstruct what might have happened in the absence of the 1996 macroeconomic policy framework. Critics have contended that the moderation of public expenditure in the late 1990s held back social progress, and I think many of us who believe in social consensus as the basis for political action would have wanted to see greater commitment to the GEAR proposals around a social compact and collective engagement with the economic challenges of transformation.
But economic growth as a policy objective, and creating the conditions that make more rapid growth possible, were always going to be somewhat contested political terrain. This is as it should be, and the economic debate has been appropriately robust, even if not always quite as well-informed or articulate as we might have liked.
What was achieved during the GEAR reform period?
Conditions for trade and improved international financial mobility were addressed. South African companies understand the international environment in ways that they did not a decade ago, the pace of industrial reorganisation quickened, we are learning to take advantage of global market opportunities, and global companies have become more interested in South Africa as an investment destination and as a base for broader participation in Africa's economic revival. There are winners and losers in these engagements, and some of the exuberance of the last decade was accompanied by careless financial management. We now know that the microeconomic and regulatory aspects of industrial and sectoral development need more attention, but the South African corporate landscape is in general far healthier and better able to compete in the global environment than it was a decade ago.
The pace of investment has accelerated. This has taken some time - but both in the public and the private sectors, we are now seeing strong growth in infrastructure investment, acquisition and replenishment of machinery and equipment, and greater attention to industrial research and technology change.
In the fiscal environment, deficit reduction, improved revenue management, broadening of the tax base and a range of expenditure reforms have made it possible to move from reprioritisation within a broadly stable real spending envelope to steady expansion of key programmes and policy priorities. Public expenditure on services is now about 50 per cent higher in real terms than six years ago, but this is entirely financed by revenue growth and the declining relative burden of interest on state debt. And the revenue base-broadening measures have meant that rates of income tax for both individuals and companies have come down, together with removal or reduction of the burden on transfer duties, ad valorem duties and other transaction taxes. For those who are not fully familiar with our progress in improving the health of the public finances - let me simply recommend the treasury website, where the details are set out in a great deal of detail.
Economic growth and investment have brought faster creation of jobs in the last three years, and it is now clear that the rate of unemployment is falling and opportunities for young workseekers are improving. The gap between formal labour demand and supply is still much too large, and the quality and structure of skills development and further education leave much to be desired. But the key institutional reforms have been made, creating conditions for accelerated development in the decade ahead.
That is the essence of the long-run growth and development challenge. Greater prosperity, rapid poverty reduction - are not achieved in five-year or even ten-year bursts of enterprise. What happens in one decade, lays the foundation for what will be possible in decades to come. Sometimes these are very long trajectories - primary school education improvements make their way into improved economic performance not just in one generation but over several: the data show that educational attainment of mothers is one of the significant determinants of educational performance and labour market participation of their children.
The policy challenges of the decade ahead are in some respects a continuation of the reconstruction and development programme of the period since 1994, and the broad macroeconomic objectives of 1996 remain valid. But the specifics change, the global environment, with its risks and opportunities, has shifted, and the policy issues of today require new perspectives and fresh analytical tools.
Let me suggest a few concerns that will exercise us over the period ahead.
The trade data suggest that we are now running a balance of payment current account that is significantly different from zero, statistically speaking, and the number has a negative sign. This is not a bad thing in itself - we need to grow, and in order to grow we need to invest and modernise, and to some extent we can draw on international finance to bridge the gap between domestic savings and investment. But we live in a strange new world, in which rich countries do the borrowing and poor countries run surpluses, and nobody knows quite how the enormous build-up of global financial imbalances will work itself out over the years ahead. Because our foreign reserve position is considerably improved by comparison with a decade ago, we may be better able to manage global financial volatility now. But far more important is the strength and resilience of the investment outlook - reserves are no substitute for poor trading expectations.
So we have to focus clearly and consciously on real investment opportunities.
What does this mean in practice Perhaps we should focus a bit less on policy and more on plans and projects. Certainly it means more engagement between government and the private sector on what might be holding back investment or development, or what might be done to remove barriers to trade, or what might assist in accelerating project implementation?
It means focusing on what is happening in individual sectors and sub-sectors, and what is happening in specific towns and cities, specific agro-processing areas and industrial zones.
This kind of "getting down to business", at the level of individual projects and business plans, brings its own risks and difficulties. Consultations between businessmen and officials conducted behind closed doors can begin with the public interest and coordination problems, and end with decidedly private interests and unseemly transaction problems. Technical regulatory and planning issues seldom have neutral implications for the business environment, and cronyism is often built on the bureaucratic formalities that surround statutory approvals and processes.
This is partly why it is so important that sectoral charter consultations should be conducted openly and should be reinforced by serious, representative, oversight and monitoring arrangements. It is also why tougher ethical standards are so critical, backed by reporting, audit and compliance systems, both in government and in the business sector. As you know, we have put considerable work into this in the financial sector over the past few years, and I believe good progress has been made - in no small measure because of the persistence and attention to detail of many members of the press and the wider media community.
We have seen several legislative reforms since 1994: changes to the Pension Funds Act to ensure minimum benefits and the apportionment of pension surpluses; improved disclosure requirements, the creation of the FAIS Ombud through the Financial Advisory and Intermediary Services Act and the establishment of the Pension Fund Adjudicator (PFA).
Some issues still require further work, including the market conduct of banks (the subject of a process of policy review with the Competition Commission) and reforms in the contractual savings environment.
These reforms have highlighted the lack of transparency of retirement annuities, inadequate governance by retirement fund trustees, and widespread conflicts of interest (such as mis-selling by financial intermediaries and "bulking" and other undisclosed profits by pension fund administrators).
Perhaps we are dealing here with outdated business models - constructed in different times, under different conditions. We are focused on broader regulatory issues now - not solely issues of prudential oversight but also concerns about protection of customers' interests and ensuring that the financial sector meets the needs of the poor and of working people. The message is quite clear - no longer can financial sector companies hide costs; bombard clients with complexity; or expose themselves to conflicts of interest through rebates and kickbacks and expect to get away with it. Different and dynamic business models, improved disclosure, simpler and more suitable products, and better advice all have at their heart the equitable treatment of the financial services consumer.
So it is pleasing to record the progress of various Financial Sector Charter initiatives. I am advised that the latest total number of Mzansi accounts stands at 3,3 million. I remember addressing a breakfast gathering less than a year ago where I informed the audience that Mzansi account numbers stood at 1,75 million. We need to do more to understand the dynamics of this growth - who holds these accounts, what contribution does access to financial services make to household security, what are the next priorities for reform. But this does not diminish the sense that the initiative is and continues to be a remarkable success.
On financial literacy and consumer education, the Charter commits companies to dedicate 0.2% of post-tax profits to consumer education initiatives. Though seemingly a small percentage, the amounts over time run into millions of rands. Initiatives in this regard should be focussed on truly empowering consumers and potential consumers with knowledge, rather than bombarding them with marketing material.
Perhaps what is most important is that we all confirm the sense that economic change is a process that always spans a number of years, and that we do ourselves a disservice by being absorbed in short-termism. History has been kind to us, allowing this government a third term to deliver measurable change - and it is there! We must raise the bar for what we want to achieve, the commitments in constitution to recognising the injustices of the past, in order to reverse them, is an enormous responsibility of history. But we must be prepared to measure both the positive changes and the route we have yet to traverse to deliver a society that complies with our own measure, expressed in those 5 words, "A better life for all."
We have a tendency to knock our own performance, to be captive to uninformed voices. A recent study, that compares fiscal performance in South Africa with those in Brazil and Venezuela is interesting - we spend more of our GDP on public services than either; we spend more than double of our budget on the poorest 40% than either; we spend a larger percentage of our budget on health and education than either; whilst Brazil's "Zero Hunger" income support payments reaches 5% of the population (the spend is 1.3% of GDP) our social grants reach 24% of the population (we spend 3.4% of GDP); our collective bargaining system covers 45% of the workforce (as opposed to 10% in Venezuela and 15% in Brazil); yet we have, over the past five years run a lower fiscal deficit than either Brazil or Venezuela. Yet, they are the darlings of the local left, and we are knocked!
Well, pause and consider all of these mysteries of 'political arithmetic', then do your own. You will, undoubtedly, share our enthusiasm for what we have, together, as a young nation attained to give effect to our democracy.
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The International Monetary Fund (IMF) has given the South African economy the thumbs up in its 2006 Article IV Staff report, inspite of global volatility. The report, released today, is conducted annually for each of the Fund's member countries. South Africa was assessed on its macroeconomic situation, including developments in the monetary, fiscal and financial sectors of the economy. Article IV consultations are conducted annually for each of the Fund's member countries.
Growth is projected at 4.2 percent for 2006 and 4 percent for 2007. The major risks to the forecast are external - a disorderly adjustment of global imbalances, price of oil, falling commodity prices, and a continuation of a slowdown in capital flows to emerging markets. On the domestic front, the widening current account deficit is raised as a concern by the Report. The Report does mention, however, that SA's good fundamentals would mitigate the impact of any adverse external shocks on the economy.
The Report contains some analysis of the sharp depreciation of the rand experienced in May/June this year. Four factors are mentioned as contributing to the depreciation, namely, the current account deficit, the drop in price of some of SA's key export commodities, a slowing down of portfolio flows to emerging markets, and the liquidity of the rand. With regard to this last factor, it is mentioned that when there is capital flight away from emerging markets, investors tend to sell the rand short to cover their exposure to other less liquid, emerging market currencies.
The IMF is broadly supportive of the financial policies of the South African Government.
Targeting the mid-point of the inflation band: The IMF praises SA's inflation targeting framework, but suggests that the mid-point of the band should be explicitly targeted, in order to further anchor inflation expectations.
Relaxing labour market legislation: The IMF reiterates its long-held view that South Africa's labour regulations are too restrictive and discourage job creation. The Fund singles out centralised collective bargaining and dismissal procedures for criticism, and also notes that there should be more consideration for the impact of labour regulations on small and medium enterprises (SMEs).
The IMF is supportive of ASGISA. However, the IMF staff do not agree that the level and volatility of the exchange rate is a constraint on South Africa's growth, stating that there is "no compelling evidence" to this effect.
The IMF regards South Africa's financial sector as sound and well-capitalised. The Report does not view current levels of household indebtedness as posing a threat to financial stability, but points out that they could have wider macroeconomic implications, especially in the current environment of rising interest rates.
The Report contains some discussion of regional spillovers - areas where South Africa's policies might impact on our neighbours. Two areas in particular were highlighted - the effect of further trade liberalisation (which the IMF supports) on SACU revenue and the stability and regulatory implications of the presence of South Africa's financial conglomerates in the region.
The South African Government welcomes the report.
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The Annual Meetings of the International Monetary Fund (IMF) and World Bank will take place in Singapore on 19 and 20 September 2006. The meetings are preceded by a range of preparatory meetings of the International Monetary and Financial Committee (IMFC) and Development Committee (DC) on 17 and 18 September. Further, meetings of the Commonwealth Financial Ministers take place on 12-14 September in Colombo, Sri Lanka. There are also a series of side events such as the World Economic Outlook press conference on 14 September, the launch of the Raffles Forum on Good Governance and the Growth Commission on 16 September.
The South African delegation will be led by the Minister of Finance, Trevor Manuel and includes the Deputy Minister of Finance, Jabu Moleketi, Director-General of the National Treasury Lesetja Kganyago and other officials. Two MECs of Finance, MEC Pule Makgoe of the Free State Province and MEC Mmathulare Coleman of Mpumalanga Province have also been invited to form part of the delegation. A number of CEOs from key parastatals, the private sector and South African banks will also be attending many of the side meetings taking place.
Key issues for discussion are proposals to improve the international financial architecture, better and more rigorous surveillance of developed economies, improvements to financial instruments for low-income countries and emerging markets and the monitoring of the debt sustainability framework. For developing economies, governance reform, additionality of resources, aid for trade and policy conditionalities remain critically important. All of these issues will come to a head in the key discussion of increased quota and voice reform for developing countries.
The primary policy objectives of the IMFC meeting on 17 September include an assessment of the key risks to the global economy, and the IMF's medium-term strategy.
The discussion is likely to focus on some of the major downside risks to the global economic outlook, which have intensified over the past few months.
Slower growth in advanced economies, particularly the US and Japan.
The avian flu pandemic.
The IMF has been under increasing pressure to reform and to make itself more relevant for the current global economy. As a response, a new "medium-term strategy" was presented at the 2005 Annual Meetings; this has been followed by various papers presenting ideas on implementation.
Managing an effective institution.
On surveillance, the idea is for the Fund to focus more on multilateral surveillance (given the current context of a rapidly globalising world) and to streamline its bilateral surveillance of countries to focus on its areas of core competence -monetary policy, fiscal policy, the financial sector and exchange rate policy. On multilateral surveillance, the Fund has already initiated a policy dialogue between China, the Euro area, Japan, Saudi Arabia and the US on the issue of global imbalances, and it intends to convene more such dialogue as new issues arise.
The IMF is working towards a discussion of a review of a 1977 decision which currently defines the remit for IMF surveillance. This review is unlikely to result in a fundamental shift in the Fund's mandate to ensure the stability of the international financial stability, but is rather a refining of the decision to deal with current concerns around the ineffectiveness of IMF surveillance, particularly in the larger developed economies.
SA has supported the idea of enhancing the effectiveness of IMF surveillance and promoting policy co-ordination at the global level to ensure the stability of the international financial system.
The current proposal on quotas, voice and participation to be voted on is a two phase process, with the first phase to increase the quota of four countries (Mexico, Turkey, Korea and China) by a total of 1,8 per cent, and the second phase to increase the basic vote to preserve the share of African countries. This proposal tries to deal with the problem experienced with previous proposals that increasing the share of growing emergent countries will result in a decline in the share of African countries.
The objective of the reform is (1) to ensure that the quota shares of members are better aligned with their relative economic weight in the world economy and to make quota and voting shares more responsive to future changes in these relative weights; and (2) to enhance the participation and voice of low income countries where the Fund continues to play an important advisory and financing role.
The two year programme of reforms will include: (a) phase one of ad hoc quota increases limited to China, Korea, Mexico and Turkey. These countries are most underrepresented on the basis of the existing quota formula and are also underrepresented on the basis of all four variables of the formula; (b) phase two with another round of ad hoc increases implemented after an agreement on a new quota formula; (c) the second stage would also include a doubling of basic votes as well as a process to ensure that the ratio of basic votes to total voting power remains constant so as to safeguard the voting share of low-income countries.
It should be noted that measures are envisaged to increase resources for the offices of the African Executive Directors (EDs), including more senior advisors and a second Alternate Executive Director.
African Ministers of Finance have had a number of meetings to discuss this proposal, including meetings convened by Minister of Finance of Mozambique Manuel Chang in Mozambique and a meeting with the Managing Director of the IMF in Spain. African countries have argued for mechanisms to protect the share of African countries.
and one background paper on the Heavily Indebted Poor Countries (HIPC) Initiative and the Multilateral Debt Relief Initiative (MDRI): Status of Implementation Report.
The President of the Bank, Paul Wolfowitz made a major speech in Jakarta, on 11 April 2006, stressing that promoting good governance and fighting corruption is critical to helping countries achieve economic progress, promote sustainable development, and ensure that governments are accountable to their citizens. The speech outlined his plan to enhance the Bank's work on governance and anticorruption, and a number of actions have since been taken.
The Bank proposes to scale up its work in three areas: within Countries, within the Bank, and in cooperation with other institutions. The detail of what it proposes will be scrutinised by the DC.
The Bank is trying to identify why its lending to Middle Income Countries (MICs) is not at the levels they would like. Bank staff argue that they have comparative advantage helping governments to provide public goods essential to accelerated growth and poverty reduction, and they believe that there is significant value-added in its packaging together financial and analytic support.
Nearly 2/3 of the world's poor (less than US$ 2 a day) live in MICs (26 percent in IBRDonly countries and 39 percent in IBRD/IDA blend countries); more than half of MICs have little or no market access to private capital markets; and about 20 countries have volatile market access that is expensive and where the Bank still has a critical role to play with respect to its development and poverty reduction mandate to finance those projects with the potential to crowd in public finance, FDI and other forms of private finance.
In its efforts to address low levels of lending, the Bank has defined an Action Plan but it is too early to predict whether the measures to be adopted by the Bank will result in an increased level of lending to MICs.
The Progress Report on an Investment Framework for Clean Energy and Development reviews existing financial instruments, in an effort to identify ways of closing the financing gap for energy for development and energy access.
The central issue with respect to the Progress Report on Education Fast Track Initiative is adequate and predictable funding. Though the impact of the suspension of the DOHA negotiations are not clear, the Progress Report on Doha Development Agenda and Aid for Trade suggests that there is a general consensus that aid for trade is an initiative which can proceed regardless of whether the multilateral trade negotiations are concluded or not. The Aid for Trade Task Force Recommendations included supporting a significant strengthening of capacity in each LDC recipient country to manage the IF process, a funding target of US$400 million over an initial 5-year period and a monitoring and evaluation framework. There is a risk that the resources will not be additional in the sense that it will form part of the scaling up of aid which has already been promised. There is already a reshuffling of existing resources towards aid which can be considered "trade-related". It is of concern that support for Aid for Trade is presumed to support the attainment of the MDGs, and resources for social development may be cut.
South Africa could play a key role in monitoring the successful implementation of the MDRI, and ensure this issue does not fall off the agenda, as the issue of additionality of resources beyond 2006 is important for the success of this initiative.
Commonwealth Finance Ministers are meeting on 12-14 September in Colombo, Sri Lanka, to consider a number of issues in advance of the Annual Meetings. Commonwealth Finance Ministers will review existing approaches to Small States Issues, and will be giving specific consideration to HIPC Debt Relief and the MDRI. The special theme this year is an Agenda for Growth and Livelihoods, and the challenges of ensuring sustained and equitable growth will be considered.
South Africa's recent consideration of policy in this regard (ASGI-SA) is likely to be of interest to participants. The Technical Theme is Reform of the International Aid Architecture, and participants will debate a number of options with respect to accelerating the implementation of the Paris Declaration for Aid Effectiveness.
The Raffles Forum on Good Governance is taking place from the 14-15 September during the IMF/WB Annual Meetings. The event is hosted by the Lee Kuan Yew School of Public Policy and the National University of Singapore. Participants include Minister Manuel, Amartya Sen of the University of Cambridge and Lawrence Summers, Professor at Harvard University.
The Forum will discuss issues including: Good governance in the 21st Century; The Role of the State in Global Financial Markets; Translating Good Governance into Wealth Creation through Privatisation; Investing a nation's wealth; Managing a Nation's Natural Resources; Balancing risk and regulation and Pension reform.
The World Bank released a paper on Fiscal Policy for Growth, and announced the creation of an independent commission on growth at the spring meetings in April this year. The intention of the commission is to deepen the understanding of economic growth for development and poverty reduction.
Minister Trevor Manuel is a member of the Commission and will attend its next meeting scheduled to be held in Singapore on the fringes of the main IMFC and DC meetings. The independent Commission is chaired by Nobel laureate Michael Spence, former Dean of Stanford Business School and is a joint Bank-Fund initiative. A new analytical framework has been proposed to look at how governments may create fiscal space for growth. A full report is to be completed by early 2007.
The International Task Force on Global Public Goods is an independent, consultative body that was created through an agreement between France and Sweden in 2003. The Task Force's mandate is to assess and prioritize global and regional international public goods and make recommendations to policy makers and other stakeholders on how to improve and expand their provision.
Minister Manuel has accepted an invitation to serve as a Trustee for the Principles for Emerging Markets of the IIF. The IIF is the world's only global association of financial institutions and was created in 1983 in response to the international debt crisis. Members include most of the world's largest commercial banks and investment banks, as well as a growing number of insurance companies and investment management firms. The Institute has more than 320 members headquartered in more than 60 countries.
The IIF aims to support the financial industry in prudently managing risks, including sovereign risk; in developing best practices and standards; and in advocating regulatory, financial, and economic policies that are in the broad interest of our members and foster global financial stability.
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The Minister of Finance, Trevor A Manuel, MP together with the Australian Treasurer Peter Costello will host a media briefing on Monday, 11 September 2006 in Cape Town. Australia is the current Chair of the G-20 while South Africa will take over the reins in 2007.
The G-20 is a forum which promotes open and constructive discourse between finance ministers and central bank governors from industrialised and emerging market economies; South Africa is the only African country in the forum. It is expected that Mr Manuel and Mr Costello will mostly engage in strategic issues concerning the work of G-20 and matters that need urgent attention.
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The Minister of Finance has released the draft Banks Amendment Bill for public comment.
The aim of the draft Bill is to give effect to the amended capital framework for banks entitled "International Convergence of Capital Measurement and Capital Standards: A Revised Framework", generally referred to and known as "Basel II" published by the Basel Committee on Banking Supervision on 26 June 2004. The draft Bill envisages a commencement date of 1 January 2008.
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The Minister of Finance Mr Trevor A Manuel, MP will present the Medium Term Budget Policy Statement (MTBPS) to Parliament on Wednesday, 25 October 2006. Journalists will be given early access to the documents in a media lock-up under police surveillance in order to allow for a careful study and to assist with timely and thorough coverage.
Lock-ups have been arranged both in Cape Town and Pretoria. To ensure and maintain the integrity of the lock-up arrangements, it is of utmost importance that no information contained in any of the documents prior to the lifting of the embargo on 25 October 2006 is leaked, as this would seriously jeopardise future arrangements for all concerned.
While the National Treasury has a list of journalists who normally attend lock-ups and media briefings journalists are still required to confirm their details with Lindani Mbunyuza on (012) 315 5645 or lindani.mbunyuza@treasury.gov.za by no later than 14 October 2006.
As no communication of any nature either by telephone, e-mail or any other means is allowed during the lock-up, we recommend that journalists who will not be working on the budget story, work from elsewhere.
All office doors are to remain open at all times.
Stories can be transmitted to Editors ONLY from 13h00 (with full observation of the embargo).
No electronic mail can be sent for the duration of the lock-up.
Nobody will be allowed to leave the lock-up before 14h00.
National Treasury officials will be available incase of any emergencies. Refreshments will be served at 09:30 and 12:30. The lock-up will end at 14:00.
We expect the proceedings in the National Assembly to commence at 14:00. Although every effort will be made to ensure that the Minister delivers his speech at 14:00, the embargo ends when the Minister starts speaking.
All documentation will be available on our website www. treasury.gov.za. from 14h00.
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The Prevailing Interest Rates are applicable from the first day of the month (1st October 2006) until the last day of the month (31st October 2006).
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Thank you ladies and gentlemen.
Thank you for this award that you have presented to me today. I am humbled by your support and vote of confidence which is not just for Trevor Manuel or for the Minister of Finance, but is for the work that has been done by this government in putting the economy on a sound footing and creating an environment where we, as a nation, can look to the future with such optimism and aspiration.
In one of the first budget speeches that I made, after becoming the Minister of Finance, I made the remark that the budget is about people, not numbers, not lines in a telephone directory, not lists of items to be purchased, but about people. That belief remains the single most important pillar of the management of public finances of South Africa. Anyone who does a phrase count on budget speeches and major speeches by our former and present Presidents will see that the phrase 'peoplecentered society' probably comes up more often than any other phrase. We do this not to appeal to populism but because the principles that our democracy is based on puts people at the centre of our belief system.
Everything we do, from tough economic policy decisions to the redesign of our social security system, from education policy to crime prevention strategies must benefit the majority of our people; it must reflect that we are a caring society; it must mirror the aspirations of our entire population.
Your profession, personnel management, is one that unambiguously puts people at the centre of our universe. In that spirit, I come to you today with more questions than answers. I seek to learn from you, to take away from your perspectives at the coal face of developing people.
Economists have spent much of the last few centuries trying to figure out what the recipe for higher economic growth and human development is. While physical infrastructure plays an important role in driving forward social and economic progress, there is almost total, universal acceptance that the quality of our people, the standard of education and training, the human capital stock of a country, the set of institutions and social constructs that we form to interact with each other drive social and economic development.
Let me focus on two areas today: the strength of institutions and the quality of education and training. Institutional economics is a relatively new branch of economics. This school of thought argues that a key determinant of the welfare of a country is the quality of its institutions, the strength of its organisations, social formations and communities.
The institutions that economists talk about range from the trust that people have in the judiciary, in the central bank, in the stature of universities, the quality of public services, the integrity of the auditing profession, the strength of corporate governance, faith in the banking system, the quality of the media, trust in the information put out in the financial markets and so on. All of these institutional factors that are said to drive growth can be narrowed down into trust and how people are organised. In both regards, we have much to learn from the field of personnel management.
Let me illustrate this point using just one example. The integrity of a tax system, the trust and faith that citizens have in the revenue authorities and the competence of the people in the revenue service is a key factor in influencing whether people comply with the tax system. If people have faith in the systems and people in the revenue authority, there is less a need for draconian and distortionary tax measures. The restructuring of our revenue service since the dawn of democracy has been a success in institutional change and in managing the interaction between laws, systems and people.
Ms. Shirley Zinn, the IPM president, would be more familiar with the details of this institutional success story than I am. In fact, each one of you would probably be able to lecture me on the fact that at the centre of every institutional change is the 'people' issue.
The last 12 to 15 years have been turbulent times for us all, but especially for the personnel management environment. Human resource practitioners have had to cope with dramatic changes in the legal framework, a much more dynamic and fast changing economy, new technologies, international competition for scare skills, employment equity, an inconsistent performance by the education system, a new skills development framework and new forms of production and supply chain technology.
In general, the HR practitioners have managed this complex minefield with enthusiasm and creativity. As an industry, there are many successes that you can be proud of. The fact that the economy is growing so much faster today is partly due to your success. The increase in the diversity of our workforce has had positive social and economic repercussions that benefit all South Africans. On these fronts, a huge 'well done' is in order.
I've been told that Trevor Manuel has a bad habit. One of the risks of inviting Trevor Manuel to address your conference is that he often asks the difficult questions, he seems to like to see people squirm in their seats, no matter who the audience is. And yes I do have a couple of questions for you.
Leaving institutional economics for the moment, the area of what economists call human capital formation is a key factor in explaining development and underdevelopment in the world today. The knowledge base of the population, the technology that workers are able to use, the systems around which production is organised, the innovation potential of a workforce and the means of communication between agents in the economy are all key factors that drive long run economic growth. Looking carefully at these items, are they not the issues you grapple with on a day to day basis?
South Africa faces an unprecedented shortage of skills. While we have about four million unemployed people, we have about a million vacancies. The reasons for this shortage include the fact that the economy is growing much faster than at any point in the past two decades. The world economy is far more skills intensive today. At the same time, the collapse of the Apartheid education system in the late 1970s and probably more importantly, the poor state of schooling for all South African children from the 1960s onwards have had profound consequences on our economy and on our ability to improve living standards today. Investment in human capital takes decades to pay dividends.
To give you a sense of the skills shortages from the perspectives of employers, allow me to quote from a few news reports in recent months.
According to Cisco systems in South Africa, by 2009 South Africa would be unable to fill 113 900 jobs in the IT networking field alone. If we take advanced networking technology (internet protocol telephony, security and wireless), about 30% of posts or 69 700 positions would be unfilled. Alfie Hamid, the area academic manager at Cisco systems said that South Africa had 32 ICT academies producing only 3 133 technicians a year, far short of what is required.
Con Fauconnier, chief executive of diversified miner Kumba Resources, said that his company was already experiencing a lack of artisanal skills because of South Africa's growing economy. Fauconnier went on to say that the average age of artisans in South Africa is 54.
Martin Westcott from PE corporate services, a firm well known to most of you, reported on a survey conducted in the IT industry that in an 860 firm sample, the number of firms reporting staff shortages averaged about 30% for the past few years. This year, this number has shot up to 48%. He also says that the number of companies who claim to pay a premium for particular skills has risen to 56% in 2005, from 26% in 1995.
The world's fourth largest gold producer, Gold Fields, has warned that the sector is in critical need of training as skilled workers are being poached by new mines amid a commodity boom.
Ricky Douwes, MD of Ability Solutions, says that Southern Africa is poised for a mini-industrial boom. He says, 'we believe that in mining, power generation and petrochemicals alone, there could be a labour shortage in the region of 15 000 people.'
A recent study by JCP International revealed that 88% of participating companies indicated that they face a shortage of technicians.
At a municipal level, the problem is even worse. Of the 283 municipalities, 83 have no civil engineers, technologists or technicians, 46 have only one civil engineering professional and only 44 employ a civil engineering professional below the age of 35.
I could go on all day with similar reports. South Africa is experiencing its longest sustained boom in over 40 years. Our ability to broaden the scope of beneficiaries of this boom is limited by our poor human resource capacity. Many of our companies cannot take advantage of the present economic environment because they haven't planned properly. You - this organisation, represents a large spectrum of our HR managers. While there are many factors that explain our skills shortage, you must take some of the blame. Companies, and the HR industry in particular has not been proactive enough to develop the human capacity that companies need in order to increase capacity and profitability. We are experiencing this skills crisison your watch.
There are companies, under difficult circumstances, who have continued to renew their human capacity by training, up-skilling and reorganizing their production systems to take advantage of the new environment. However, too many companies sought short terms solutions. Pay more, train less has been the mantra in many sectors of the economy. This is a shortsighted approach that is now coming back to bite. Investing in people in an organisation is hard work. It requires patience, creativity and effort. And it is not cheap either. But surely, the benefits outweigh the costs. Surely this is a better approach than paying a fortune for the new kid on the block only to see them leave 18 months later for even more money somewhere else.
HR managers lament the changing nature of work. They complain about the new culture where loyalty counts for nothing and where hired guns are the order of the day. We must ask ourselves, have we not contributed to this culture ourselves What is it that we have done to contribute to this culture of short-termism evident in so many companies?
The World Economic Forum recently released the World Competitiveness Report for 2006. This report makes for interesting reading. Out of 125 countries, we ranked 45, down from 40th in the last report. When it comes to South Africa, the report literally reads like a tale of two different countries. On certain issues, we rank in the top 30, way ahead of many advanced countries. The report praises our corporate governance, accounting standards, judiciary, system of property rights, air transport infrastructure, macroeconomic performance, local equity market access and university/industry research collaboration.
However, in other categories, we lag behind many of our competitors. In one or two areas, we are as low as 121st out of 125 countries. The areas we score poorly on include the costs of crime to business, businesses' response to HIV and Aids, the quality of maths and science education, hiring and firing practices, pay and productivity and the availability of scientists and engineers. The report concludes that while some sectors of our economy are efficiency driven, very few sectors are innovation driven.
Again, I turn to our HR industry and ask the question: 'What do we have to do differently to turn things around' How do we better position our companies to take advantage of this economic performance At the heart of the solution must be to invest more in staff, through training, mentorship, rotation and greater exposure to diverse sectors of the business. HR managers are at the heart of the challenges we face, both as individual companies and as a country. We need our companies to produce the type of people that would drive innovation, productivity and profitability. Our country needs productive, innovative and successful companies?
I know that many of you would say that you do have learnership programmes, that you do offer bursaries, and that you do train your staff. I'm sure that many of you would argue that it is because 'other' companies do not train, that forces the market to think short term. This may all be true. Some of you may also argue that it is a minority of companies that bid up costs of skilled labour and that they are forced to respond appropriately. However, as an industry, we must all recognize that there is more that we can do. There are innovations in the field of personnel management that we can adopt. We must do more training and development to support the business plans of our companies.
For the first time in a generation, the economic prospects look exceedingly positive. In addition, for the first time in a decade, almost every analyst is convinced that we can sustain this economic acceleration, not just for a few years but for the next two decades. The kind of structural change that we are seeing today in the economy is characterized by the fact that the economy is sound, risks, though there, are being mitigated, the public finances are sound, the regulatory regime is slowly maturing and the resilience of our economic institutions is now a striking feature of the environment. We have created the Constitutional and political platform for a stable society. Upon that, we've built an economic structure that is dynamic yet robust. This present economic boom is sustainable. Are our companies going to take as much advantage as they should Are we going to broaden the scope of beneficiaries of the boom, to ensure its sustainability?
As HR managers, your responses are key to answering these questions.
Thank you ladies and gentlemen. And again, thank you for the award that you've bestowed upon me.
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Thank you for this award. I am still not too sure what I have done to deserve an award for management excellence. I manage just a few people in an office space not much bigger than this room. I am pretty sure that you have not spoken to any of the people who occupy that office space because if you did, I'm sure that I would not be the recipient of such an award.
But thanks anyway.
We all find ourselves muttering from time to time that "if you want to get the job done properly, you have to do it yourself." This is the problem of agency. There isn't time to do all the budget spreadsheets yourself, fix the leaking tap, restructure the aging politician's retirement plan, help the kids understand trigonometry, do your tax return, water the plants and work on global peace and prosperity all at once.
So for at least some of these projects, or part of each of them, we rely on other people.
But here is the problem. We rely on other people, but they are seldom perfectly or completely reliable. The great disillusioning factor which we have to come to terms with is that we can't do it all ourselves, and the power of delegation always carries the risk of disappointment.
Armed with the apparatus of Microeconomics I and a cursory reading of Adam Smith, of course, you might say Specialise!! The Market will provide!! Produce the commodity in which you have a comparative advantage, purchase everything else!!
An obscure economist named Ronald Coase explained nearly seventy years ago why we don't, in fact, rely on the price mechanism alone to address all the limitations of our individual competences. There are transaction costs, and they help explain why some things are organised across markets and other things are internally arranged. Within the family, there are conventional, or sometimes negotiated, divisions of responsibility. Within the firm, there is a hierarchy of duties and a structure of rules, sanctions and rewards. And in the National Treasury, the Minister says what has to be done.
Or rather that is how Ministers' of Finance fantasise about things.
The idea of transaction costs is an interesting and useful one. It is partly about incomplete information, and over the past thirty years, an extensive literature has evolved that attempts to explore how we deal with information shortfalls, how managers enjoy particular kinds of discretion as a result of imperfect information, for example, and how improved information standards - better accounting rules perhaps - can assist in addressing problems of agency.
I was having a discussion with Tom Boardman the other day. He said that, earlier that day, he'd met with all 450 of his branch managers. There were people from across the country, a diverse bunch of people with different capabilities, competencies and approaches. But he could fit all these people into one hall and have a discussion on their concerns. He told me this story as he empathised with the Minister of Education who has 27 000 branch managers. We have 27 000 school principals in our country. We simply cannot get them all into a single hall or venue and structure a discussion in a sensible fashion. The transaction costs of engineering such a discussion would be enormous, even with modern IT and communications systems. And so we organise our schools into districts, regions, and provinces. Information and perspectives are lost along the chain.
Agency, incomplete information and the economics of organisations and how they are governed, are areas of economic inquiry that have enjoyed something of a resurgence in recent years.
We have not made enough progress yet in applying these ideas to the public sector. And yet problems of agency, incomplete information and misaligned incentives are surely at the centre of the concept of government failure, or bureaucratic failure, so it is something of a puzzle that public sector economics has not mobilised these analytical tools more effectively.
It is not that we don't have good illustrative case material.
Consider, for example, an invention that dates back at least a hundred years and arguably is the single most significant source of power of the state, other than brute military force. I am referring to what is politely known as "withholding:" an arrangement built into the tax code which hugely reduces the administration and compliance costs of collecting personal income tax from employees, essentially by introducing an "agent" in the form of the employer as a disinterested intermediary between the receiver and the taxpayer.
Two further inventions also greatly strengthened the hand of revenue during the twentieth century - the idea of social security, which combines a withholding tax and a promise of future benefit entitlements, and the self-enforcing invoice-based value added tax, which operates through the opposing interests of buyers and sellers of intermediate products.
These are important features of the public finances of the modern state, but their underlying logic is not part of the standard toolkit. Yet this underlying logic is essentially economic in nature: it is about the structure of incentives between principal and agent, and how transaction costs can be reduced when these are well-ordered.
Which is an elaborate way of talking about some pretty simple, and hugely important, aspects of good management?
Whereas central bankers rely on a vast array of data to inform their decisions on just one variable in pursuit of a single target, the fiscus carries the entire matrix of social, developmental, economic and political aspirations of the nation. It is no surprise that the budget process is characterised by an information overload and frequently by a woefully inadequate quality of data and analysis.
We are getting better at this, but there is still more work to be done. Good management is very largely about good information, and organising that information in accessible, digestible ways.
To return to Ronald Coase. Let's assume that we have a small river, a woman upstream who makes leather and a man downstream who catches fish in the river. In making the leather, the woman introduces a small amount of pollution into the river. The level of pollution affects how much fish the man can catch. Let's assume that they both have equal bargaining power and there are no transaction costs. Coase theorem argues that property rights over the river could be ascribed to either party, to achieve the same social outcome. This is counter-intuitive.
Coase argues that if we ascribe rights over the river to the man, he would charge a fee to the women to use the river. For every rand he lost in fish, he could increase the fee to the woman, therefore taxing the pollution. Conversely, if we ascribed property rights to the woman, she could charge a fee to the fisherman. If she pollutes the river, her income would drop.
Even in this very simple example, we can list all the things we need to make this scheme work. First, we need someone to be able to monitor the amount of fish caught or leather produced and pollution introduced into the river. We need a legal process to draw up a contract which regulates this transaction. We need an arbiter to decide on matters when a dispute arises. We need the rule of law to enforce contracts, even between private citizens.
If we take modern, complex societies, globalising economies, diverse communities, wildly differing bargaining strengths and imperfect markets, the role of government becomes incredibly complex and difficult. In taking decisions on even simple matters, the stakeholders, interests and factors that have to be taken into account requires the Wisdom of Solomon. And I will be the first to admit that we do not always get this right.
The prospects for successful management can be enhanced by improving the alignment between the accountability chain, institutional governance, managerial incentives and public policy objectives. Alongside these aspects of the internal organisation of public services, there are also challenges in the interaction of public and private sector arrangements, and in the interplay between national and international trends.
These dimensions of public policy add even more complexity to the discipline of public finance and to the practice of public policy making and implementation. The tidy division of the world into public and private sectors, and domestic and foreign affairs, has given way to much more complex institutional arrangements and hence a more elaborate intellectual apparatus.
To demonstrate just one of these complexities, let me give you an example from a public / private partnership we have - to equip and maintain the Nkosi Albert Luthuli Hospital in Durban. Here, the private sector installs the equipment in the hospital, maintains the equipment and replaces items when they break or malfunction. Let's assume a light bulb breaks. The hospital has to inform the company that a light bulb has broken; the company sends someone to do a damage assessment and then sends someone else to fix it. If the bulb is out of order for an extended period, the hospital can impose a penalty on the private contractor. This particular PPP has won international awards.
However, for the deal to work, it requires a contract with detailed specification on what equipment is needed and what service standards are required. The contract must have penalties for transgressions of the agreement. It then assumes that the hospital has a system to track what breaks down when, and when it was reported to the private company. It then needs to track when the problem was fixed. If there was a delay, the legal department needs to be contacted to impose a penalty on the company. If the company disputes this, it goes to court. The court has to decide on costs based on the integrity of these systems of tracking information. All of this entails huge transaction costs and a level of sophistication that often does not exist in a public hospital.
In theory, this PPP, and public private partnerships in general, have the potential to improve the standard of service in the public sector. Managing complex transactions is not easy and fraught with difficulty. It often takes decades for the institutional environment to drive down such costs, to make them routine and only then are we likely to see greater use of such partnerships.
The great advantage of traditional government arrangements or procedures is that they are simple, lines of authority are clear, rules and procedures are documented and familiar and the annual budget process provides a transparent and unambiguous assignment of resources to public purposes. Resources are raised through taxes, which have the great advantage to the fiscus that they are mandatory. But cooperative or contractual arrangements with the private sector, and international collaboration in pursuit of common purposes, are fraught with negotiation difficulties, problems of trust, possible conflicts of interest, risk, uncertainty, asymmetric power and interminable frustration.
Complexity is with us, and so we have to find a way through the barriers of misunderstanding.
Unless work is done on the terms and conditions of agreements, and the appropriate financing or pricing arrangements, cooperation will not happen.
Consider, for example, the challenge of mobilising private finance in support of public investment goals - small enterprise development, lowincome housing, economic infrastructure, social and community investment, student loans, small farmer support programmes.
The Financial Sector Charter sets aside large amounts of money for these purposes, but the institutional arrangements are taking considerable time to be developed. The delays are partly about complexity, partly about trust, partly about misunderstandings. Wellstructured public-private partnerships do take some time to design and negotiate. It would help if there were greater understanding of the basic agency and incentive problems. One simple idea that perhaps deserves greater currency is the idea of competition between service providers for a share of an agreed public resource envelope, based on defined measures of performance. A loan guarantee fund, or co-financing arrangement, for example, can be rationed between participating banks on the basis of agreed performance criteria - thus avoiding the overwhelming transfer of risk of failed schemes to the fiscus that characterises so many policy lending initiatives that have a redistributive or poverty-focused objective.
In managing these and other kinds of partnerships, and more generally in modernising the public service delivery, it is necessary to guard against unnecessary complexity.
The modern world offers many opportunities for public finance innovation, and for new kinds of partnership with the private sector and across national boundaries. There are enormous benefits from getting these reforms right. But getting them right, means keeping them simple, so that as reforms proceed we have more control, know more about what is going on, have a better understanding of how information is used and contributes to growth of the market economy.
Again, thank you for this award. I'm still no clearer on whether I deserve it.
<fn>GOV-ZA.2006100901En.2012-02-10.en.txt</fn>
We find ourselves at a particular juncture of longer-term economic trends specific to the South African economy and some shorter and longer-term dynamics arising from the global economic environment. I want to speak today about some of those trends and how they interact with the South African economy. I also want to explore how the further development of Sub-Saharan Africa as an economic region helps the South African economy to weather the storms of the global environment and expand our markets.
Prudent fiscal and monetary policies have contributed to a vastly improved economic climate, while government's expenditure programmes have lowered the costs of economic activity and broadened access to the economy for the disadvantaged. Over the past two years, stronger growth in the world economy and rapidly rising commodity prices have contributed to South Africa's improved growth performance. Low yields on developed country assets have further strengthened capital inflows to South Africa and the developing world more broadly, and enabled us to borrow from the rest of the world to finance consumption and investment.
Over the very long-term, the growth rate of the economy slowed from about 1975 through to 1993, and has accelerated since. From 1994 to 2000, growth averaged 2,9 per cent per year, and has accelerated to 3,8 per cent from 2001 to 2006.
The MTBPS forecast, which will be published on 25 October, will take into account short-term effects on the economy, such as interest rate changes (repo now at 8%) and money supply growth (+24% in August), and longer-term effects, such as the impact of real depreciation on net exports.
Looking at growth by sector, the most rapid advances have been in construction, wholesale and retail trade, and financial services. Manufacturing growth has been more variable, with recent good rates (4,1 per cent for 2005 and 4,5 per cent for the first half of 2006).
The economy's robust growth has been propelled by private and public investment, which grew by 9,2 per cent in 2005 and by 10,3 per cent in the first half of 2006. Investment has averaged growth of nearly 10% from 2003.
1 Real depreciation (nominal adjusted for inflation) has a negative effect on consumption in the short-term as it represents a real loss of income in ppp terms and increases the cost of imported goods. Over time, imports fall (or grow more slowly) because the cost has risen and exports rise because they are more competitive. This is reflected in the 'j-curve' effect, which shows a worsening the trade and current account deficit before it begins to improve. The depreciation has to be real for it to have real economic effects so if inflation rises in the wake of the depreciation, then it is only a nominal depreciation. There are no long-term economic effects of this except higher inflation and a raised price level. 2 Growth in manufacturing in 2003 and 2004 was -1,4 and 4,6 per cent.
As a percentage of GDP, gross fixed capital formation rose from 17.3 to near 18 % over the same period.
Robust growth in investment has been matched by household spending that has been propelled by historically low inflation and interest rates and greater access to finance. Household consumption spending averaged 3,5 per cent from 1995 to 2000 to 4,7 per cent from 2001 and reaching 7,3 per cent in the first half of 2006. Some commentators have pointed to a rise in a new black middle class to explain part of this rise. Our official employment statistics, which we all recognize need work, seem to bear out an increase in employment in the economy. Real wage growth, averaging 1,0 per cent a year since 2001, is also supportive.
We need to remain mindful of the limits of our labour market statistics, however, in part by noting that the ratio of household debt to personal disposable income has climbed sharply in the last two years - from 52,8 per cent in March 2001 to about 70 per cent today.
Climbing household debt reflects a broader trend of persistently weak saving across the economy. Household saving as per cent of GDP has fallen to 1,5 per cent this year.
Our overall saving and investment performance is reflected in the current account deficit, which averaged 6.1% of GDP in the first half of 2006. In itself the deficit does not present financing difficulties. Our foreign exchange reserves have increased to over US$24 billion and our fiscal deficit is low.
3 Investment grew most rapidly in sectors needing to upgrade building stock, with the bulk of investment in machinery coming through the manufacturing sector. Growth in residential buildings has been exceedingly strong in 2006 at 21,8% per cent followed by non-residential building and construction at 10,8 and 6,6 per cent, respectively. In 2005, investment expenditure in residential buildings was 16,6%. Investment in transport equipment has also been robust - at 19 per cent in 2005. And while growth in machinery was quite moderate (at about 5.5% in the first half of 2006), it constitutes a large percentage of overall GFCF (about 45%).
4 Despite considerable improvement in growth, recent improvements in employment, have been limited to non-traded goods, services sectors (like construction), and the informal sector. Employment in export sectors and import-competing sectors remains a challenge, as reflected in relatively low increase in formal sector employment.
capital have remained strong, with about R54 billion into equities and R19 billion into bonds in the year to date.
Unfortunately, the current account deficit also reflects a weaker trade balance, with imports of consumer goods, petroleum, motor vehicles and some capital goods especially high.
Much of this import content contributes to improvements to productivity over the long-run, and reflects stronger growth in investment by public and private corporations - but there is a clear need to consider how to boost South Africa's export performance and develop stronger and more permanent exporting relationships.
The import content of investment is also high, with a minimum of about 40%. The Gautrain and World Cup infrastructure projects, plus the many other capital spending programmes underway throughout national, provincial and local spheres of government, will put pressure on imports and also contribute to economic growth.
Stronger investment will result in future improvements in saving, better growth rates, and will strengthen capital inflows and dampen movements in the exchange rate. Nonetheless, overshooting of the exchange rate by financial markets will continue to be a common feature of commodity exporting countries.
Uncertainty about the trajectories of major world economies will continue to add volatility to the international environment and flows of capital between developed and developing countries. At root is a pattern of large current account deficits and surpluses in major economies, caused by...
negative shifts in saving, positive but mild shifts in investment, in the United States.
positive shifts in saving, and negative shifts in investment, in the rest of the world.
portfolio shifts towards US assets, by both private and public (accumulation of dollar reserves by central banks) investors.
The path of adjustment needs to be a gradual depreciation of the US dollar to avoid international financial contagion.
The South African economy can support a larger current account deficit, in part because of its improved growth performance itself and in part because of the policy underpinnings we have put in place over the last ten years.
Fiscal policy is supported by a transparent and robust budget process. Increased expenditure is further helping to sustain economic growth by broadening its base and drawing people into the formal economy.
Nonetheless, more work needs to be done to improve expenditure performance. As real budgeted allocations have increased strongly since 2001, limits to ability of departments, provinces and municipalities to spend have become apparent.
Shift in deficit targets in 2006 MTEF from around 3% to below 1.5% signals policy stance towards reducing government dissaving, decreasing pressure on the real exchange rate, and lowering the current account deficit.
5 FY 2005/06 under spending of R5.6 billion of available funds (2.4 percent).
Monetary policy anchored by inflation targeting framework, which allows an exchange rate cushion for the economy, enables increasing reserves, and has contributed to historically low interest rates.
The recent upturn in inflation primarily reflects a state of nature South Africa is a small open economy, meaning that those producer prices affected by external price developments and from changes in the exchange rate will tend to be more volatile than others.
An indication of the strength of the inflation targeting framework in anchoring medium and long-run expectations, changes to inflation expectations have remained muted - despite the fairly sharp increases in the prices of imported fresh meat and grains, and of petroleum products in recent months. Price volatility in commodities generally and non-ferrous basic metals and wire and cable in particular, have driven up the domestic component of PPI.
Similar factors, particularly food and transport prices, have pushed up consumer prices.
A number of factors suggest that the present deficit on the current account will fall of its own accord, including the rise in interest rates which will slow consumer spending and construction somewhat and a drop in the value of oil imports. The weaker rand will further feed through into stronger exports in due course.
The central question facing government is how it can contribute to growth by boosting investment, saving, productivity and employment - or what is the effect of government policies, broadly defined, on the potential growth rate of the economy?
A range of economic opportunities are available to us over the next few years, including the development of major transport infrastructure and efficiency improvements, the upgrading of our energy production industries, and major infrastructure and tourism growth related to the World Cup in 2010.
There are also some areas where government needs to improve the regulatory framework and needs to think more clearly about how to develop the country to be a major exporter. Trade reform and industrial policy needs work - as do our systems for assisting firms and workers to adjust to economic change. As government, it is critical to keep our short and medium run policy adjustments focused on the longer term gains to economic growth and employment. Coordination within government is facilitated by the ASGISA project.
It also seems important in a more unstable international environment to strengthen regional economic development to help realize the ambition of rapidly growing Sub-Saharan economies. Our region is a vitally important aspect of our growth path. We need economically vibrant neighbours that enable all of us to diversify our economies and create far greater gains from regional trade than we have experienced so far. Africa's population presents, next to China and India, one of the largest potential commercial markets in the world.
While poor, Africa's population presents, next to China and India, one of the largest potential commercial markets in the world. Because of the catch-up needed to meet best practice in economic governance and the current low density of infrastructure, Africa's growth rates have the potential to rise rapidly for many years. Of course, as African governments we need to ensure that the economic gains to be made from policy reform, better governance, expanded infrastructure, and rising incomes of our populations are realised. Historically, that has not been a simple matter, either in Africa in the last few decades, or in other parts of the world over a longer time frame. Timeframes and history are critical elements of vision and leadership.
We speak about 40 years of African history and slow economic growth. We should occasionally remind ourselves of the extreme poverty that existed in most European countries only 100 years ago.
Just as Europe and Asia discovered over time the complex set of political institutions, social balances, and economic policies that enabled rapid economic growth and rising incomes, so too will Africa. And, indeed, I believe we have made great strides in the last 10 years in that direction.
We have a far better understanding today of the economic and social constraints facing us and how to address them. We understand far better also the international trade and financial environment within which Africa must grow and interact with other economies and regions. We also understand how natural impediments to our growth, from disease to geography, constrain us.
To get some sense of the macroeconomic improvement, the average inflation rate for Sub-Saharan Africa from 1995 to 2005 was 18 percent.6 By 2005 this had fallen to 11 percent, and is expected to be about 8 percent in 2007. The average budget balance in the region is expected to be a surplus of 2.1 percent in 2006. And average GDP growth for 2005 was 5.5 percent and is expected to be 5.8 in 2006. Sub-Saharan Africa is expected to grow faster in the next year or two than it has in decades.
Trade policy development in the Regional Economic Communities, such as COMESA and SADC, seeks to lower tariff and non-tariff barriers to intra-African trade and spur trade and cross-border investment. South Africa invests about 1 percent of GDP annually in foreign direct investments in the rest of Africa, most of which supports increased trade in goods and services.
Yet Africa needs to sustain progress and avoid costly policy reversals. Given the small sizes of our economies, we need to become more serious about integrating our economies and sorting out the overlapping memberships of regional integration arrangements.
Infrastructure development and deeper trade links between coastal and interior economies are supplemented with the growing size of the African oil industry. Between 2002 and 2008, Africa's oil production is expected to treble.
6 Average inflation for the SSA region peaked at 61 percent in 1994. IMF, WEO 2006.
All of these dynamics feed into a larger one, which is the potential for Africa as a continental commercial market. While geography will remain a stumbling block, the incentives for developing the infrastructure to make a single market a reality are growing - particularly for some of our landlocked economies that are growing more rapidly. For them, the incentives to develop infrastructure appropriate to an African market will continue to strengthen.
In sum, Africa's economies are clearly moving in the direction of sustained growth and development. Macroeconomic stability has taken root in almost all countries in the region. Renewed investment by regional governments in appropriate governance structure, initiatives to develop cross-border and local infrastructure, and rising spending on human capital - in part assisted by debt relief -helps to develop the local skills base and create the environment to attract FDI and take advantage of trade opportunities.
Human capital creation, better public services create domestic economic activity, reducing poverty and making more attractive markets for domestic and international investors. Africa has a bright economic future. And it will take time to reach our goals. But the fundamental political will is evident and the resolve of governments and our international development partners to succeed has strengthened greatly in recent years.
For South Africa, our economy's development is inextricably tied to the broader world - our capital flows depend in part on events and policies in major world economies just as they do on the policy decisions made here. We have created policy frameworks to help us navigate an inherently turbulent international environment and maintain a sustainable growth path. Further attention on the region and realizing a vision of a thriving Southern African market is integral to that path.
<fn>GOV-ZA.2006100902En.2012-02-10.en.txt</fn>
I was so completely overwhelmed by Comrade Kathy's call last week that I did not pause to consider what the assigned task was. How do you make a speech about a book, when you are not its author, critic, salesman, or possess some profound academic knowledge about the subject Well, unfortunately, here I am - only because I was too shocked to ask Comrade Kathy the questions last week?
I am sure that the biggest challenge to the Mandela family, to the publishers and the authors was to ward off the inevitable feeling, "Not another biography". This is the difficult paradigm within which, I am sure, they had to set about their tasks.
So, they took the exciting past 88 years of South Africa's history, and into this history they wove the footprints of Madiba - a traverse from Mveso, to Qunu, to Johannesburg, 12 African States - including an important stint in Ethiopia, back, Durban, Pretoria, Robben Island, Victor Verster, Johannesburg, Pretoria, Cape Town - succeeding in this journey to provide a remarkable account of this country, and continent, and of the special love of the subject for all of it. Of course, more importantly, there is the manner in which Madiba was shaped by his circumstances and how he, in return, contributed to shaping history. But, if this was all they accomplished, we would have had just another dense authorised biography.
and have captured the mosaic of his life.
There is this early account by Pallo Jordan of one whom describes as "always sets a great store by what he had learned and absorbed in the rural setting," through to Billy Nair's description of Madiba being both a democrat and a gentleman of the first order.
There are several accounts of Madiba, the "respectful militant" - apparent from his communications with his captors to the messages conveyed to a range of people from commoners to heads of government, whose policies he obviously disagreed with.
The most amazing story of friendship is perhaps told by President Clinton who writes, "Mandela will never know how much he helped me get through that period."
The book is replete with examples of the moral leadership demonstrated by Madiba, a leadership by example. President Mbeki writes, "I hope that people like Madiba and others of that senior leadership see in the younger people like us that they have succeeded in a way in replicating themselves."
But, before you arrive at the conclusion that the book is the beatification of Nelson Mandela in print, let me advise that there are both counter accounts of these glowing accounts and curious idiosyncracies - I encountered the word "Anglophile" more times in this book than in almost any other.
Do the editors and publishers succeed I want the reader to be the judge of that. Though this portrait left me wondering about the bits not yet recorded. What would Moses Kotane's recall be of the differences on the formation of uMkhonto we Sizwe What would former President F W De Klerk's recollection be of that wonderful trio of photographs on page 253 How would Nkosi Mangosotho Buthelezi want the entry of the IFP into the negotiations to be recorded in history Or, what may have happened in our history if Madiba and Cecil Williams had followed the correct security procedures on that fateful trip to Durban We can but wonder about these and many other stories told and untold in this wonderful compilation. The authors have woven this strong thread of soft power throughout the book - Madiba's style is that of persuasion and example - consistently applied to a variety of circumstances. The power is not soft because of the absence of any other means - Madiba obviously learnt from his many lunches at Kapitan's that the soft power works only if people on the other side understand that you can use the masala if the need arises?
we are because they are - and that the values of Ubuntu and the commitments to service are as noble now as they were in Qunu in 1920's, only perhaps more needed now to define us as Africans who care in a caring democracy.
I want to express my sincerest appreciation to all who were involved in this production and with it the hope that the messages will be understood, and the life of Madiba, so graphically accounted, emulated.
<fn>GOV-ZA.2006101101En.2012-02-10.en.txt</fn>
The Minister of Finance, Mr. Trevor A Manuel, MP is scheduled to table the 2006 Provincial Budgets and Expenditure Review and the 2006 Local Government Budgets and Expenditure Review in Parliament on 17 October 2006. Both publications provide a useful analysis of spending trends at provincial and local government level.
The National Treasury invites you to a workshop to be held on 17 October 2006. During this workshop senior Treasury officials will be available to answer any questions arising from the documents. Topical issues from a provincial perspective include past spending trends and service delivery in agriculture, education, health, housing, roads and transport, social development, and from a local government perspective the management of municipal finances, particularly water and sanitation, personnel expenditure and electricity. Progress on the implementation of the Municipal Finance Management Act (MFMA) will also be covered.
Minister Manuel will address the media at the conclusion of the workshop.
<fn>GOV-ZA.2006101102En.2012-02-10.en.txt</fn>
The Diamond Export Levy Bill is required to give effect to certain provisions of the Diamonds Act, 1986, as amended. Section 73(2) of the Constitution requires that only the Minister of Finance may introduce money bills in Parliament, and it also has to be a separate bill from the primary legislation (ie Diamond Act).
The Diamond Export Levy Bill's main objective is to support the local beneficiation of rough diamonds. The beneficiation of rough diamonds is seen as important to encourage the development of the local economy, skills and employment creation. The Bill proposes a 5 per cent export levy on rough diamonds that should contribute towards local beneficiation, but is low enough so as not to unduly encourage smuggling.
The export levy of 5 per cent replaces the current 15 per cent export levy as provided for in the Diamonds Act, 1986. The 5 per cent levy applies to all rough (natural unpolished) diamonds that are exported. Synthetic - human made - diamonds are exempted from this tax. The levy amount will be equal to 5 per cent of the value of a rough diamond exported, as specified on a return described in Section 61 of the Diamonds Act, 1986 or of the value as assessed by the Diamond and Precious Metals Regulator described in section 65 of the Diamonds Act, 1986.
The Bill contains relief measures that may offset the 5 per cent levy in full or in part. These relief measures are designed to deal with weaknesses previously arising from similar relief measures in the Diamonds Act and at the same time minimize eliminate any potential distortions and / or unintended negative consequences of the export levy.
Only producers (or dealers who form part of the holding company of a producer) may take advantage of the relief measures. Independent dealers, cutters, and polishers will not be able to access the relief measures.
A producer is entitled to receive a credit for imported rough diamonds. The credit will offset (in full or in part) a producer's export duty liabilities. The credit is calculated on the same basis as the export duty; 5 per cent of the value of rough diamonds imported. The Commissioner of SARS may, in determining the value of any imported rough diamond, adjust the value to reflect an arm's length price with respect to that diamond, after consultation with the Diamond and Precious Metals Regulator.
The Minister of Minerals and Energy has the power to exempt a producer from the requirement to offer its rough diamonds intended for export, for sale at the Diamond Exchange and Export Centre. The granting of such an exemption by the Minister of Minerals and Energy will be accompanied by an automatic exemption from the 5 per cent export levy. An objective set of criteria for granting an exemption to offer rough diamonds intended for export at the Diamond Exchange and Export Centre by the Minister of Minerals and Energy will be spelled out in regulations issued in terms of the Diamonds Act.
the producer has a annual turnover of less than R10 million, a small miner, and such a producer has offered his or her rough diamonds for sale at the Diamond Exchange and Export Centre but there were no local buyers. However, the diamonds must subsequently be sold for an amount at least equal to the reserve price at which such diamonds were offered at the centre. These conditions preserve South African's "right of first refusal" with respect to bidding on any rough diamond intended for export.
The Bill provides for two sets of levy payers - producers (diamond miners, including a dealer that forms part of the same group) and non-producers (dealers, cutters and polishers). Producers must register with the South African Revenue Service and pay their export levies twice per year (every 6 months) and non-producers must pay the full levy when exporting rough diamonds. Producer-level registration is critical because most diamond smuggling stems from record defects at the local producer-level.
The definition of producer (contained in section 1 of the Bill) extends beyond holders of mining rights to reflect the economic reality of group operations, which often separate mining from sales.
The comment period for the Bill closes on 31 October 2006. The Bill will be submitted to Parliament for tabling by 2 November 2006.
The bill is available for public comment on www.treasury.gov.za and comments should be sent to will.bautista@treasury.gov.
For more information contact Thoraya Pandy on 012 315 5944.
<fn>GOV-ZA.2006101103En.2012-02-10.en.txt</fn>
The Mineral and Petroleum Resources Royalty Bill is required to give effect to the objectives of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA). Being a money bill, section 73(2) of the Constitution requires that only the Minister of Finance can introduce it to Parliament, and that such a bill also has to be separate from the principle Act (MPRDA).
The National Treasury first released a draft of the Mineral and Petroleum Resource Royalty Bill in March 2003 for public comment. After extensive consultations, revisions were made to the Bill. The revised draft Bill contains important amendments that address most of the concerns raised during the first round of consultations.
The Royalty Bill attempts to reconcile the objectives of the MPRDA with the broader economic objectives of the mining sector, including the need to stimulate investment in this sector and the need for certainty for potential investors.
The publication of the revised Royalty Bill is meant to facilitate such certainty. Given the tax implications and economic impact of the Bill, Government is providing a further opportunity for consultation with key stakeholders by allowing them the opportunity to provide comments on this revised version of the Bill. Government will table the Bill in Parliament early next year, after taking into account such comments and consultations.
One of the key revisions made to this revised Bill is the significant reduction of royalty rates compared to the proposals in the first draft.
Schedule 1 of the Royalty Bill (which classifies minerals subject to the State royalty) provides a summary of the new (reduced) rates. For instance, the royalty rate for diamonds has been reduced from 8.0 to 5.0 per cent and the royalty rate for refined platinum and refined gold are reduced to 3.0 and 1.5 per cent respectively. The reduction of such rates better takes into account the lifecycle of many of the mining operations in South Africa.
The local beneficiation of mineral resources is also viewed as an important policy objective. Therefore, in an attempt to further encourage the beneficiation of South Africa's minerals, further reductions in royalty rates apply to beneficiated / refined minerals.
The significantly lower rates mitigate the impact of a tax base based on gross sales rather than profit. This approach is an internationally accepted one. The royalty is also tax deductible.
A special relief system has been created for marginal mines to prevent their premature closure. If a mine proves to be marginal as envisaged by the Bill, that mine will be entitled to receive up to a 75% reduction in the royalty rates otherwise applicable. A marginal mine is defined in terms of operating costs exceeding operating income.
As part of Government's broader initiative to encourage and support small business development, a special relief system has been created for small miners. Small miners, with a maximum turnover of R10 million per year, will be entitled to receive a credit of up to R100 000 per year (i.e. R50 000 per assessment period of six months) as an offset against State royalties payable.
This regime allows companies to transfer the royalty liability amongst each other. In the instance of a consolidated group or a relationship between a miner and a refiner, a mining company may shift the royalty liability to the refiner. These provisions will therefore allow a refiner that incurs the royalty liability to take advantage of lower royalty refined rates.
A number of traditional communities currently receive royalty payments from mining operators who mine on their land. Item 11 of Schedule II of the Mineral Resources Development Act (Act No. 28 of 2002) (the "MPRDA") provides that communities will continue to receive such royalties regardless of whether these royalties are paid with respect to "old order" or "new order" mining rights. A concern raised by some mining companies is the implication of a potential double royalty.
In light of the above concerns Government will encourage communities and mining companies to enter into negotiations to, where appropriate, convert the financial interest of communities into equity stakes in the operating companies. These negotiations will require that role-players make some concessions in order to ensure lasting and sustainable arrangements.
The period for comment on the revised Royalty Bill will close on 31 January 2007. A final version of the Bill will then be submitted to Parliament for its consideration in 2007.
The Bill is available for comment on www.treasury.gov.za and comments can be sent to will.bautista@treasury.gov.
1 Unpolished natural diamond (gem and industrial), crystalline quartz (smokey quartz, citrine, rose quartz, amethyst, rock crystal), cryptocrystalline quartz (jasper, opal), chalcedony (blue lace agate, moss agate, onyx, rainbow chalcedony), chalcedonic replacements (silicified wood, tigers-eye), blue asbestos (crocodolite), beryl (emeralds, aquamarine, morganite, heliodor, goshenite, bixbite),chrysoberyl (cat's eye, alexandrite), corundum (rubies, sapphires), garnet (almandine, pyrope, almandine-pyrope, grossular, spessartine, uvarovite), lolite, kyanite, sodalite, sugilite (royal lavulite, royal azel), tourmaline, verdite (serpentine), topaz, copper minerals (azurite, malachite, chrysocolla), enstatite, epidote, feldspar group (moonstone, amazonite) and spinel. 5 2 Andulasite, asbestos, vermiculite, silliminite, kieselguhr, calcite, granite, marble and siltstone. 1 3 Feldspar, fluorspar, barytes, gypsum, magnesite, mineral pigment, sulphur, silica, talc, slate, shale, attapulgite, bentonite, flint clays, kaolin and fire clay. 0.5 4 Limestone, lime and dolomite, phosphate rock, salt, quartzite, schist, plastic clays, fire clay (construction grades), kaolin (construction grades) aggregate and sand.
B. Minerals with two rates - unrefined and refined rates C.
5 Platinum Group Metals (platinum, palladium, rhodium, iridium, ruthenium and osmium). 6 3 6 Chrome, manganese, silicon, vanadium, iron, cobalt, copper, nickel, lead, zinc, antimony and tin. 4 2 7 Illmenite, rutile and zircon.
9 Coal. Above 15% Ash Content.
Below 15% Ash Content. 3 10 Hydrocarbon fuel (oil and gas). Mining in water deeper than 500 m. 1.
Mining in water shallower than 500 m. 3 11 Uranium. Oxide (yellow cake) and Uranium Hexafluoride. 1.
Uranium concentrate.
Group per cent purity.
Chrome: Chrome is refined once processed to ferrochrome or for use in the foundry, refractory or chemical industries.
Manganese: Manganese is refined once processed into an alloy, ferro alloy product or manganese dioxide.
Silicon: Silicon is refined once processed into silicon or ferrosilicon.
Vanadium: Vanadium is refined once processed into ferrovanadium.
Iron: Iron is refined once processed into Pig iron, DRI iron, HBI iron or steel.
Cobalt: Cobalt is refined once processed into cobalt metal or cobalt sulphur.
Copper: Copper is refined once processed into copper metal slabs, blister copper or cathode copper of at least 99 per cent purity.
Nickel: Nickel is refined once processed into a metal, or other form e.g.
ferro nickel, nickel metal or nickel sulphate.
Lead: Lead is refined once processed into bars and billets containing at least 99 per cent pure lead.
Zinc: Zinc is refined once processed into zinc metal, plates or slabs containing at least 98,5 per cent pure zinc.
Antimony: Antimony is refined once processed into antimony oxide, metal or any other product that has been through a process of refining.
Tin: Tin is refined once processed into tin ingots or other related products.
Illmenite and Illmenite and rutile are refined once processed into titanium slag and Rutile: sponge, ferrotitanium or pig iron.
Zircon: Zircon is refined once processed into Zirconia or Zirconium products.
Gold: Gold is refined once processed to at least 99,5 per cent purity. Silver: Silver is refined once processed to silver metal or silver nitrate.
<fn>GOV-ZA.2006101301En.2012-02-10.en.txt</fn>
The central challenge facing SADC at this juncture is to strengthen the political and technical mechanisms to drive the region's economic development and integration agenda. This requires visionary leadership, political commitment and a well capacitated and focused secretariat.
Mobilisation of regional and international private and public resources for the development of the region.
While the political agenda has advanced, progress on the economic front has been limited. This is evidenced by the fact that intra-regional trade within SADC (as well as Africa's other regional economic communities), remains low compared with non-Africa RECs (EU, ASEAN, etc).
Obstacles to poor inter-regional trade within SADC (and other African RECs) remain non-complementarity of domestic production, poor infrastructure linkages, lack of enforcement of regional protocols, sovereignty, prohibitive customs and border controls, and lack of international trade financing. The status quo is therefore disintegrated markets and industries, where individual SADC countries are constrained by the small size of their economies.
A further illustration of the paralysis of the economic integration agenda is that the Finance and Investment Protocol - which is central to resource mobilisation, capital market deepening and macroeconomic convergence - has not yet been implemented. Indeed, a meeting of Finance Ministers to approve the most recent version of the Protocol was abruptly cancelled in early June.
The key reason that the economic integration agenda has stalled, is that most Member States do not see any concrete benefits from economic integration, against the substantial cost of surrendering sovereignty. This is not unique to SADC: the unwillingness of individual Member States to give up sovereignty for a future of common good has been the central challenge to regional integration agreements the world over.
This is exacerbated by the absence of appropriate decision-making structures to drive economic integration, alongside inadequate technical capacity. This has arisen because the decision taken by the SADC Summit in March 2001 to restructure SADC's institutional framework has resulted in the dismantling of sector coordinating units in Member States, without replacing this capacity in the centralised technical structure located in the Secretariat . Moreover, the decision to streamline SADC's decision-making structures by creating an Integrated Committee of Ministers (ICM) resulted in the exclusion of a number of Ministers that are key to driving the economic agenda, including Finance Ministers.
A further factor constraining the advancement of economic integration is the fact that many Member States are members of other regional groupings. Indeed, the rationalisation of RECs has been a central preoccupation of the AU. The issue of how to rationalise membership across SADC, COMESA, SACU and the EAC is critical to securing political commitment to the integration agenda.
A stark illustration of the challenges confronting SADC is that of the 27 protocols that have been crafted, only two (the Protocol on Trade and the Amended Protocol on Trade) have been implemented, 18 have entered into force but not been implemented and 7 have not yet entered into force. This highlights both the lack of political commitment to the economic integration process and the lack of adequate technical capacity to implement it.
SADC's economic integration and development agenda, which is articulated in the RISDP, has the potential to substantially enhance the growth and development prospects of all the Member States. The region has a total population of 210 million and a combined gross domestic product (GDP) of about US$170 billion, making it the largest market in Sub-Saharan Africa. Regional integration enhances the prospects for accelerating the region's growth because it redresses the constraints created by small and fragmented markets. Critically, despite the malaise in implementing the economic integration agenda spelled out in the Regional Indicative Strategic Development Programme (RISDP), trade and capital flows have been increasing over the past decade.
Intra-regional trade was estimated at about 20 percent of total trade in1997. The overall figure for intra-regional trade stood at roughly 25 percent by 2003 and is expected to increase further by the time the FTA is fully implemented.
2.1 percent of overall trade for Mauritius to up to some 80 percent for Swaziland. Malawi, Zambia and Zimbabwe trade 40 and 50 percent of their overall trade (imports and exports) with SADC partners. Notably, intra-regional trade is diversifying slowly but gradually, and more manufactured goods are now making up a larger share of overall trade in the region.
RSA's total trade with SADC in absolute terms is estimated at R38bn having increased over the last five years by 36 percent. The country's trade balance by 2005 stands at R21.4bn. South Africa's imports from SADC have grown much faster at an annual average growth rate of 19 percent over the past five years, while exports grew sluggishly by 3 percent.
its diversity - FDI has not been confined to natural resource extraction but also the industrial and services sectors.
South African SOEs - in particular Spoornet and Eskom - are playing a major role in infrastructure investment in the region. Both Spoornet and Eskom have a presence in 8 SADC countries. Eskom is furthermore involved in electricity supply to the region through its participation in the Southern African Power Pool. South African Airways has codeshare agreements with various SADC airlines and is looking to increase its African business. The Department of Public Enterprises is currently developing a strategic framework for these investments, to ensure that their developmental impact is enhanced.
These private sector led elements of the integration process highlight the fact that there is immense potential to drive the region's economic development through the implementation of the RISDP. It will serve to enhance the developmental impact of these flows of goods and capital, as well as mobilising additional resources for development and removing the constraints to growth in the region.
The establishment of a Common Market.
The first two goals are regarded as pre-requisites, and are mainly dealt with in the Strategic Indicative Programme for the Organ (SIPO).
Delivery of regional public goods.
This contains elements of both shallow integration (i.e. removing barriers to the movement of goods, capital and people) and deep integration (i.e. harmonisation and alignment of policies). Both need to be pursued in tandem in a manner that yields benefits to Member States.
It must be acknowledged that in many cases, the RISDP has unrealistic targets. The specific target of a SADC Customs Union by 2010 needs to be reviewed at the highest level and must be informed by the progress of establishing the full FTA. Moreover, although SADC accepts the principle of variable geometry, the pace of regional integration is determined by Member States with the slowest pace of (non) implementation. This negatively affects the sequencing of RISDP timeframes, which reflects the expectation that all member states would simultaneously attain the objectives of each stage, and preferably as rapidly as possible within the timeframe accorded.
The key to developing the region is stronger and sustained economic growth. This will create a positive environment in which other SADC reforms and sector programmes would be politically more viable because of increasing public revenue to invest in new sectors and projects. While some SADC countries have experienced periods of accelerated economic growth, these have often not been sustained and have had little positive spill-over effects on neighbouring economies in the Southern African region.
Developing the capacities of SADC countries to trade is a critical driver of growth. This requires more than just reducing tariff barriers. Better coordination and cooperation will be needed to address supply-side constraints and to identify new growth and integration opportunities in the region. Greater economies of scale could be achieved by investing in institutional capacities in areas such as customs and revenue capacities and compliance with product standards in regional and global markets.
Investment in infrastructure is a priority for the region, because it is an area of collective regional interest. Clearly, if an economically and socially integrated region is to be built more resources need to be allocated to economic infrastructure to link the countries of the region so that their economies can become integrated.
During the ADB annual meetings in June this year, SA argued that Africa' infrastructure investment levels are far too low to support the magnitude and character of growth and development that the continent needs. In correcting these imbalances by scaling up investment in infrastructure, governments must take responsibility for driving their own development trajectories.
There is substantial agreement that regional infrastructure in the form of power pools, road corridors and communications networks are critical to the support of growth and competitiveness, in achieving economies of scale and in reducing costs.
The responsibility for ensuring the rapid expansion of infrastructure lies squarely with the state: the government budget will continue to be the main driver of infrastructure development. The domestic public sector remains the dominant source of finance for infrastructure all over the developing world. It accounts for 70 percent of current spending on infrastructure, with the private sector accounting for somewhere between 20 and 25 percent, and ODA for 5 to10 percent. But that's a global statistic; in Africa private investment in infrastructure is a fraction of this developing country average.
At this juncture in the region's political and economic development, the imperative is to revitalise SADC's economic integration and development agenda.
Adequate technical capacity to implement the economic integration agenda.
Effective mechanisms for decision-making and driving implementation. This requires Ministers responsible for economic issues, including Finance Ministers, to play a more prominent role in decision-making.
A comprehensive understanding of the costs and benefits associated with the various elements of the economic integration process.
South Africa is committed to ensuring that these measures are implemented, as the development of the SADC region remains the centrepiece of our foreign policy and our own economic development priorities.
<fn>GOV-ZA.2006101701En.2012-02-10.en.txt</fn>
Our sincere thanks are due to the Chairperson, Honourable MJ Mahlangu and the NCOP for the enthusiasm with which they always receive us when we come to share with this House the work we do at the National Treasury as part of our contribution to strengthening your oversight role. We do this not because the law requires us to do it, but because we feel that it gives meaning to our democracy.
Chairperson and Honourable Members, last year we published a Review which did not include information on local government. At the time we promised to publish a separate document on local government this year. Today we are delivering on that promise. While the separation is artificial in some ways, there are some good reasons behind it.
Firstly, the provincial and national government financial year starts on 1 April and ends on 31 March, while the financial year of local government starts on 1 July and ends on 30 June. This makes for "untidy" reporting when financial information for all three spheres is combined in one publication.
Secondly, with consolidated budgets well in excess of R100 billion the local government sphere has now reached a stage where it warrants a dedicated publication.
Chairperson and Honourable Members, for us the two Reviews we table before this House today represent an important link in the accountability cycle. Every year this House processes a Division of Revenue Bill which appropriates just under 60% of nationally raised revenues to provinces and municipalities. The bulk of the money is intended for pro-poor public services such as public school education, primary health care, welfare services, water and sanitation.
Once the financial year has ended, the NCOP has a right to know what has happened to the money. It has a right to now what the money has bought. And it has a right to know whether what the money bought has contributed towards improving the lives of our people.
Honourable Members, I must hasten to say that the two Reviews, while comprehensive, they cannot and are not intended to provide all the answers to all our questions about performance. However, they serve as a very valuable starting point. To get a complete picture Members need to complement them with other documents and publications that our system of reporting and monitoring has institutionalized over the years such as the Estimates of National Expenditure, the Division of Revenue Act, Strategic and Performance Plans of Departments, in-year Monitoring Reports, Annual Financial Statements, Integrated Development Plans, Service Delivery and Budget Implementation Plans and Annual Reports, to name a few.
Chairperson, when we were given an opportunity to make opening remarks at the workshop yesterday not only did we highlight some of the trends in the Reviews we table before this House today, but we also indicated how the two documents could be utilized to begin what we referred to as a "political audit". Rather than repeating what we said yesterday, allow me to reflect on what emerged from the deliberations of the workshop.
The workshop confirmed yet again that the NCOP is ready, eager and capable of exercising its oversight role. The questions it asks are increasingly becoming sharper and tougher. Yes, as always it can always do better and should aspire to do even better.
Chairperson, in the interest of ensuring that what we produce serves this House, in the past we have invited the NCOP to guide us by indicating whether the information we provide in these Reviews and other budget documents is adequate and how it could best be tailored to suite your needs. I am happy to indicate that the sense we got this time is that there is need for more information and deeper analysis.
In this regard, the National Treasury will seriously consider undertaking deeper and more extensive expenditure reviews. However, time and resources might not allow us to undertake indepth reviews for all sectors in any given year. We shall have to prioritise sectors on the basis of some criteria, but we welcome the challenge and hope to rise to it.
Honourable Members, yesterday a consensus also emerged that as a country we face a unique challenge. On the back of a robustly growing economy and efficient South African Revenue Service (SARS) we often find ourselves having more money than we are able to use. I say this with the full knowledge that there may be many people who will find it hard to believe. However, Honourable Members if one examines the spending patterns for the first quarter of this year as contained in the section 32 report published in July it is not very hard to come to this conclusion. The report, which has been discussed extensively by the Select Committee on Finance showed that after three months or 25% of the financial year, spending on some of these grants was around 14%. Given past trends it is not hard to predict that if nothing changes during the course of the year we might witness some underspending on some of these grants, yet again.
The Reviews we table before this house today confirm that over the seven years covered in the analysis spending grows very strongly. They also show that there are more South Africans who have access to public services delivered by both provinces and municipalities, but I would submit to this House that we do not know enough about the quality and sustainability of these services.
Chairperson, the Reviews we table before this House today show that provinces and municipalities accounted for R161 billion and R119 billion of public expenditure in 2005/06. The question we should be asking ourselves is whether we know enough about the change that amount of spending had on the lives of South African. We should ask this question not because we want to cause trouble for anyone or ourselves, we ask it because this is our responsibility as elected representatives. If we fail to ask it we shall have failed those who elected us. This is what the "political audit" I referred to yesterday is about.
When Honourable Tutu Ralane and the Select Committee on Finance he chairs invite national and provincial departments to come and explain the progress they are making with implementing the rage of programmes funded through conditional grants they are doing their job. This House and Parliament must support them.
Yes, when they ask difficult questions they may come across some resistance, but this is what the work of this House is about. You need no permission from anyone to do it. The Constitution assigns you that job.
Chairperson, I want to take this opportunity to encourage this House to make more use of the section 32 reports and the Division of Revenue Act in exercising its oversight. The reports indicate how much money national departments have transferred to municipalities and how much of it has been spent at the end of each quarter. This is very useful information. From it Members can tell which programmes are not spending the funds they appropriated to them. From the reports it is also possible to detect when national departments continue to transfer funds to provinces and municipalities regardless of whether spending takes place. This allows this House to intervene and call for remedial action long before the end of the financial year.
Chairperson and Honorable Members, I now formally table the Provincial and Local Government Expenditure Review and the Local Government and Expenditure Review.
<fn>GOV-ZA.2006110201En.2012-02-10.en.txt</fn>
The second quarter provincial budget statement of receipts and payments, published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 30 October 2006, covers spending for the first six months of the 2006/07 financial year, which ended 30 September 2006 and is available on the treasury website www.treasury.gov.za.
The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury by 20 October 2006. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
This report also includes a comparative spending analysis for the same period over the 2005/06 financial year. It should be noted that the 2005/06 financial year figures have been adjusted to exclude Programme 2: Social assistance grants of provincial social development departments, which were transferred to national government with effect from 01 April 2006. This makes the 2006/07 figures and the 2005/06 figures comparable.
4.1 In aggregate, provinces have spent 45,2 per cent or R82,7 billion of their combined budgets of R183,0 billion for the six months period ended 30 September 2006. This represents a spending increase year-on-year of 11,4 per cent or R8,4 billion higher than for the same period last year when provinces had spent R74,3 billion.
4.2 Education expenditure totalled R36,8 billion or 46,6 per cent of the R79,1 billion total budget for education, and remains the largest item on provincial budgets (43,2 per cent). The spending pattern reflects a R2,3 billion or 6,8 per cent increase over the same period last year.
4.3 Health expenditure totalled R25,0 billion or 48,3 per cent of the R51,7 billion total budget for health and with the shifting of social security it becomes the second largest item after education on provincial budgets (28,2 per cent). The spending pattern reflects a 15,4 per cent or R3,3 billion increase compared with the same period in 2005/06.
4.4 Provincial social welfare services departments have spent 41,2 per cent or R2,2 billion of their budgets of R5,3 billion for the six months ended 30 September 2006.
4.5 Total personnel expenditure in aggregate is at 48,3 per cent or R50,6 billion of the R104,9 billion personnel budget which includes the salary increases effected from 01 July 2006.
4.6 In aggregate, provinces spent 38,2 per cent or R5,6 billion of their R14,7 billion combined capital budgets between the various sectors. This is a significant improvement of 21,8 per cent or R1,0 billion more than the R4,6 billion spent over the same period last year.
4.7 At R1,1 billion (of the R3,6 billion budget) or 31,7 per cent after 6 months of the financial year, provincial education departments' spending on capital is relatively low.
4.8 Health provincial departments, year-on-year, significantly improved on spending on capital by spending 44,3 per cent or R1,9 billion against their R4,3 billion health capital budgets, which is 55,3 per cent or R681,5 million more than the same period for 2005/06.
4.9 The highest share of provincial capital budgets is for public works, roads and transport departments at 35 per cent. The sector spent 38,6 per cent or R2,0 billion against its combined capital budgets of R5,1 billion.
4.10 Provincial own revenue collected thus far is at 55,4 per cent or R3,6 billion of the total own revenue budget of R6,6 billion. National government has transferred R78,4 billion of the equitable share, and R10,8 billion in conditional grants to provinces, during the six months of the 2006/07 financial year.
To complement the press release, tables on provincial spending for selective sectors are contained in Annexure A.
The 2005/06 financial year excludes Programme 2: Social assistance grants of provincial social development departments, which were transferred to the SA Social Security Agency (SASSA) with effect from 01 April 2006.
Education 79 050 799 36 840 346 46.6% 44.5% 34 505 038 6.
Health 51 685 947 24 989 328 48.3% 30.2% 21 658 990 15.
Social Development 5 288 973 2 178 745 41.2% 2.6% 1 854 843 17.
Total 136 025 719 64 008 419 47.1% 77.4% 58 018 871 10.
Eastern Cape 13 065 022 6 026 646 46.1% 49.4% 5 527 108 9.
Free State 5 272 241 2 544 309 48.3% 46.4% 2 390 268 6.
Northern Cape 1 644 424 828 582 50.4% 38.7% 795 703 4.
North West 6 305 386 3 046 477 48.3% 46.3% 2 807 632 8.
Western Cape 6 988 131 3 215 017 46.0% 37.6% 3 063 699 4.
Total 79 050 799 36 840 346 46.6% 44.5% 34 505 038 6.
Eastern Cape 733 690 246 797 33.6% 34.1% 139 553 76.
Free State 54 430 13 506 24.8% 5.2% 19 024 -29.
Northern Cape 25 273 11 246 44.5% 5.7% 8 856 27.
North West 205 025 155 832 76.0% 29.1% 116 429 33.
Western Cape 218 945 69 567 31.8% 12.3% 136 666 -49.
Total 3 578 165 1 134 634 31.7% 20.2% 978 790 15.
Eastern Cape 6 892 701 3 354 708 48.7% 27.5% 3 119 631 7.
Free State 3 249 613 1 628 405 50.1% 29.7% 1 490 559 9.
Northern Cape 1 291 249 652 294 50.5% 30.5% 481 938 35.
North West 3 427 604 1 538 559 44.9% 23.4% 1 365 735 12.
Western Cape 6 323 493 3 050 570 48.2% 35.7% 2 613 564 16.
Total 51 685 947 24 989 328 48.3% 30.2% 21 658 990 15.
Eastern Cape 463 791 211 022 45.5% 29.2% 167 457 26.
Free State 162 950 88 304 54.2% 34.0% 61 886 42.
Northern Cape 269 212 114 024 42.4% 57.4% 37 609 203.
North West 266 389 87 130 32.7% 16.3% 52 123 67.
Western Cape 379 680 155 263 40.9% 27.5% 87 083 78.
Total 4 315 221 1 913 205 44.3% 34.1% 1 231 661 55.
Eastern Cape 1 250 606 399 145 31.9% 3.3% 414 473 -3.
Free State 718 062 274 211 38.2% 5.0% 249 312 10.
Northern Cape 260 680 113 546 43.6% 5.3% 142 648 -20.
North West 774 314 358 760 46.3% 5.5% 344 371 4.
Western Cape 776 962 473 767 61.0% 5.5% 262 818 80.
Total 9 330 082 3 832 716 41.1% 4.6% 3 291 940 16.
Eastern Cape 761 994 163 989 21.5% 1.3% 227 713 -28.
Free State 522 601 216 780 41.5% 4.0% 177 744 22.
Northern Cape 104 774 41 585 39.7% 1.9% 63 513 -34.
North West 613 405 311 046 50.7% 4.7% 255 547 21.
Western Cape 598 800 362 225 60.5% 4.2% 180 482 100.
Total 6 349 949 2 573 891 40.5% 3.1% 2 146 640 19.
Eastern Cape 2 028 368 723 257 35.7% 5.9% 717 043 0.
Free State 581 638 259 768 44.7% 4.7% 195 630 32.
Northern Cape 468 395 198 553 42.4% 9.3% 105 110 88.
North West 1 079 675 536 053 49.6% 8.2% 346 251 54.
Western Cape 1 616 771 564 912 34.9% 6.6% 551 507 2.
Total 14 696 041 5 614 699 38.2% 6.8% 4 609 959 21.
Eastern Cape 733 176 243 049 33.2% 33.6% 383 856 -36.
Free State 272 988 123 157 45.1% 47.4% 85 134 44.
Northern Cape 137 916 40 543 29.4% 20.4% 39 190 3.
North West 417 599 224 784 53.8% 41.9% 163 093 37.
Western Cape 954 739 320 031 33.5% 56.7% 309 575 3.
Total 5 145 484 1 988 523 38.6% 35.4% 1 973 921 0.
Agriculture 344 500 134 871 15 371 34.
Education 1 712 507 856 262 823 238 48.
Housing 6 349 949 3 362 381 2 573 891 40.
Integrated Housing and Human Settlement Developme 6 349 949 3 362 381 2 573 891 40.
Sport and Recreation South Africa 119 000 73 936 28 780 24.
Transport 3 241 000 - - 0.
Total 25 926 441 10 847 782 4 897 815 32.
Eastern Cape 472 484 359 040 76.0% 2.5% 251 495 42.
Free State 395 000 216 309 54.8% 3.6% 202 327 6.
Northern Cape 131 551 57 566 43.8% 2.5% 169 752 -66.
North West 466 071 231 303 49.6% 3.1% 181 841 27.
Western Cape 1 435 680 732 796 51.0% 7.9% 727 296 0.
Total 6 551 818 3 631 569 55.4% 3.9% 3 453 379 5.
<fn>GOV-ZA.2006110202En.2012-02-10.en.txt</fn>
Madame Speaker, it gives me great pleasure to introduce the "Revenue Laws Amendment Laws Bill, 2006." This Bill completes the tax amendment process initiated after my annual February 2006 Budget Address to the nation. The Bill mainly contains fiscal stimulus measures designed to accelerate economic growth as well as ongoing measures to broaden the tax base so that all our citizens pay their fair share. I will also close by covering other significant matters involving retirement savings, public benefit organisations and clubs.
As you are well aware, Government has recently earmarked R7,8 billion for the construction and upgrade of ten stadiums for the World Cup as well as a further R6,7 billion to upgrade the surrounding infrastructure, public transport and systems improvement. The Bill before you further adds to preparations for the FIFA 2010 World Cup. In particular, the Bill includes tax amendments that cover South Africa's commitments to FIFA.
These fiscal provisions cover Customs and other taxes (such as Income Tax and VAT).
In terms of taxes on imports, FIFA-related organisations will receive complete relief. These organisations can import inventory for sale at designated sites (e.g. stadiums), capital goods, consumables and promotional materials directly related to the World Cup, all of which will be free from import taxes. These temporary amendments to tax legislation should assist FIFA and their partners to host a successful Soccer World Cup.
FIFA, FIFA subsidiaries, and Participating National Associations (other than SAFA) will receive exemption from Income Tax. These entities will also generally be entitled to VAT refund credits.
Various FIFA sponsors will receive partial exemption. These sponsors will receive the same tax benefits as the first group, but only to the extent these sponsors operate within what is known as a "tax-free bubble" (perhaps used as a tax professional's sad attempt to be humorous). This tax-free bubble essentially covers areas, such as the Stadiums and other key locations for hosting the World Cup.
FIFA-related foreign individuals will also receive partial exemption. This partial exemption will eliminate South African Income Tax associated with the event. This partial exemption will cover a host of foreign individuals associated with the event, such as the FIFA delegation as well as commercial and merchandising staff.
One item worthy of separate discussion is the VAT on ticket sales. Tickets and hospitality services (including hotel accommodations) will remain subject to VAT at the standard rate (14%).
The Bill seeks to unlock ongoing tax hurdles for small business. One hurdle involves the anti-avoidance regime triggering "deemed employee" treatment, including monthly withholding at 34 per cent. While the initial legislation was necessary to stop ordinary employees from avoiding monthly PAYE withholding merely by incorporating themselves, the initial regime needs to be relaxed. A number of small companies have found themselves inadvertently subject to this regime, thereby disrupting their cashflow. For instance, the mere receipt of "regular payments" could jeopardise the tax status of small business entities, even though many small businesses strive to obtain regular cash-flows for longterm sustainability. This and a few other less important antiavoidance measures have accordingly been dropped.
Economic literature has placed a growing emphasis on knowledge economies and how R&D contributes to macro-economic growth. The Bill accordingly promotes R&D of a scientific and technical nature. Such current R&D expenditure will now be deductible at 150 per cent of actual expenses incurred, and R&D related capital investments can now be written off over three years at a 50:30:20 per cent rate.
Recent global events have again highlighted the importance of energy resources. South Africa has a long history of tax incentives to attract oil and gas exploration/extraction via private leasing agreements. These incentives (known as OP 26 agreements) have assisted in attracting oil and gas investment to the South African west and southern coast lines. However, the pending expiry of these agreements has deterred investments as of late. The Bill accordingly renews and modernises key features of the OP 26 regime in more transparent and user-friendly form. The new regime also guarantees that these incentives will remain in place over the life of these investments, thereby ensuring fiscal stability.
Government's ability to provide tax relief is only possible because of our previous base broadening efforts through sound tax administration and modernised tax legislation, such as the Capital Gains Tax.
This year's amendments contain some key changes with regard to compliance measures related to large corporate taxpayers. The Commissioner has spoken many times about the need for corporate accountability, not only to shareholders but the nation at large. While most corporations have taken heed of this corporate responsibility (especially in the post-Enron era), some overly aggressive taxpayers and their facilitators remain. Transactions of this nature frequently turn simple finance schemes into complex mountains or paper, filled with excessive legality, all for the purpose of reducing tax liabilities. At the end of the day, these schemes cost the fiscus billions in tax revenue - money which can be much better spent for society's benefit elsewhere.
In light of the above, Government announced its intent to close these schemes through what is known as a revised "General Anti-Avoidance Rule." Development of this legislation is nearly two years in the making after several rounds of consultations. The new legislation seeks to target the most serious elements of all these schemes. This legislation is to be backed up by an enhanced system of required reporting (known as "reportable arrangements") so Government has an early detection system. The goal is to reach a state where these schemes can become "dead on arrival" when presented to any responsible board of directors.
The GAAR and reportable arrangements legislation is admittedly contentious (as was the Capital Gains Tax) in part because of its complexity. Unfortunately, complex tax avoidance schemes require complex responses. At the end of the day, Government has a choice it can sit back in the name of "legal tradition" and let some unscrupulous individuals deprive the fiscus of vast sums of tax revenue, or take action so that the tax burden is shared equitably and tax revenues are generated to cater for the needs of society at large. In this case, Government clearly must choose the latter.
National Treasury has taken a twin approach towards promoting retirement savings. One the one hand, taxation of retirement savings is being gradually reduced with the current rate now sitting at 9 per cent (as opposed to the previous 25 per cent rate several years ago). On the other hand, National Treasury has sought to apply regulatory pressure in order to ensure that retirement savings will not be unduly consumed by industry fees. As part of this effort, I entered into a Statement of Intent with the long-term insurance industry in December 2005 to recover retirement savings lost in fees on both a retroactive and prospective basis.
As you may well be aware, individuals risk losing all moneys previously contributed to retirement funds under various penalty clauses if they stop making ongoing contributions. The Statement of Intent seeks to curb this unhealthy practice. The Bill before you seeks to ensure that recovery of these penalties is not unduly delayed by virtue of withholding taxes (though such payouts remain subject to tax and must be included in individual tax returns).
Government has been engaged in a long-term effort to establish the appropriate tax regime for PBOs. PBOs should generally be free from income tax, except to the extent they engage in commercial businesses that compete with the private sector.
The Bill before you is designed to further assist PBOs. The Bill eliminates many ongoing restrictions on their investments. PBOs can now freely invest their funds as desired as long as these funds do not represent a disguised distribution of profits. Other changes eliminate hurdles facing foreign PBOs seeking to provide assistance to our communities and those within the Southern African region. Also addressed in this Bill are problems associated with the current dual registration process. Under present law, PBOs must register with the Non-Profit Organisation within the Department of Social Welfare as well as SARS as a precondition for tax-exemption. The Bill eliminates the Non-Profit Organisation registration requirement; except that the Non-Profit Organisation can request tax exemption to be overturned if a PBO is convicted of an offence in terms of the Non-Profit Organisation Act. Lastly, the higher tax rate of 40 per cent for PBOs registered as trusts has been remedied. Trading activities of PBOs will now be subject to the company tax rate, 29 per cent.
As I close on this subject, I would ask this Parliamentary body to be mindful of the valuable contributions of the late Eugene Saldana in this regard. We hope that our efforts in this area can be a lasting tribute to his hard work.
Clubs were subject to partial taxation many years ago but the taxation of clubs was "temporarily" eliminated as Government transitioned its way towards the present system tax regime for PBOs. The current regime provides an unfair benefit for clubs, all of which are completely tax-free without any regulatory restriction. The Bill accordingly seeks to restore the appropriate parity.
Internationally, clubs are entitled to some level of tax exemption because members are merely sharing recreational expenses within a single fund. This sharing should not attract taxation. However, investment income is another matter; individuals are not entitled to tax-free investment income merely because that income is consumed for recreational activities - the same should hold true for clubs. Other areas of concern are club activities that compete with the private sector and are wholly unrelated to the club's objects (such as fees from the rental of facilities for wedding parties for non-club members).
The Bill accordingly seeks to achieve this balance. Membership fees and other club member payments will generally remain free from income tax. Investment and unrelated business income will be taxable. However, investment and unrelated business income will be given some measure of tax relief in order to assist many smaller clubs linked to grass-root communities as well as to reduce unnecessary disputes over trivial amounts. The Bill exempts the trading and investment income of a club up to the greater of 5 per cent of its membership fees or R50 000. This exemption is similar to the current exemption for PBOs.
I would like to thank the Chairman Nhlanhla Nene for his leadership, and the members of the Portfolio Committee for their constructive role in the process. Our goal - as always - is economic growth that benefits all South Africans. That said, Madame Speaker, I hereby table the "Revenue Laws Amendment Bill, 2006."
<fn>GOV-ZA.2006110203En.2012-02-10.en.txt</fn>
The Prevailing Interest Rates are applicable from the first day of the month (1st November 2006) until the last day of the month (30th November 2006).
<fn>GOV-ZA.2006112101En.2012-02-10.en.txt</fn>
Minister Manuel will host a press conference tomorrow to outline key issues that South Africa will promote as the next chair of the G-20.
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The South African government yesterday, November 23 signed a General Agreement on Development Cooperation with its Canadian counterpart. The Agreement provides a legal framework for development cooperation and the implementation of the Country Development Programming Framework (CDPF).
South Africa has demonstrated a strong institutional and political resolve in tackling critical issues such as inequality and continues to make great strides in improving access to social services for the poor and vulnerable despite some challenges.
The agreement outlines the bilateral programme between South Africa and the Canadian International Development Agency (CIDA) which will focus on strengthening service delivery with regard to issues around HIV and AIDS, governance and rural development, as well as leveraging South Africa's knowledge to promote regional cooperation.
Amongst others the bilateral program seeks to contribute to the stabilisation and reduction of the incidence and prevalence of HIV and AIDS, improving access to social and economic services through governance initiatives and assisting small-scale farmers with technical and organisational services. CIDA will continue to support South African initiatives that contribute to regional stability and cooperation.
For more information about the agreement and projects related to the CDPF contact Paula van Dyk on 012 315 5924.
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What is happening in our economy?
Good afternoon ladies and gentlemen. Thank you for inviting me to address your gathering today. I have not prepared a detailed speech. Instead, I wish to have a discussion on what is happening in our economy at the moment, to share some perspectives on some of the current economic trends but also to hear from you what your analysis is on the state of the economy.
In the decade 1983 to 1993, the economy grew by an average of 1.1 per cent a year, far below the rate of population growth.
2.9 per cent a year. Since 2001, the economy has grown by an average of 3.8 per cent a year. If I take just the past 4 years, then the average is above 4 per cent. It is clear that since, 2001, we've seen a step change in the pace of economic growth. Economists are revising upwards their view on potential GDP growth up almost every quarter.
In our opinion, there are two main reasons for this faster growth. The first is, we believe, the management of the economy since 1994. The economy has experience structural change on a massive scale and we are now seeing the benefits of those reforms. Secondly, the international economic environment has been supportive of growth through high commodity prices and substantial inflows of foreign capital.
The second feature of the present economic environment is that the pace of job creation has accelerated to the point where we are creating jobs faster than new entrants are joining the labour market. Our unemployment rate is still far too high for us to be satisfied, but the present pace of job creation is making inroads into the unemployed. This is positive, but much more work is still needed to sustain this.
The jobs that are being created are across the spectrum, not just the higher ends of the market. In terms of a table published in the People's Budget 2006-2007, the number of people employed increased in 2005, and the proportion of people earning below R1000 a month (after adjusting for inflation) decreased, suggesting that many of these jobs are of a decent quality. According to a study published last week by the DTI, the number of small businesses in existence since 1995 has grown by 150 per cent. These figures suggest a fair amount of dynamism in the economy.
Tax revenue has grown by almost 15 per cent a year in nominal terms for four years even though the economy has only grown by about 10 per cent a year (in nominal terms). There are three reasons for this. The first is that tax reforms that we put in place have closed loopholes, broadened the tax base and made compliance easier. The second reason is improved efficiency by SARS. The third reason is faster economic growth and employment creation. But even when we analyze the data in detail, tax revenue is growing faster than we can account from all of these factors. One possible explanation is that economy is growing much faster than we are presently measuring. I'll return to this later.
On the back of historically low interest rates (at least until this year), significant tax relief and accelerating employment growth, consumption has been extremely, strong growing at 7 per cent a year for the past six quarters. In fact consumption of durable and semidurable goods has been growing at 16.4 per cent a year for the past two years.
The number of cars purchased now stands at 43 000 a month, even though the population is growing at about 41 000 a month, and the number of adults is only increasing by about 27 000 a month. According the Mike Schussler, 78 per cent of all formal sector workers now own a vehicle, yet we see no sign of a slowdown in vehicle sales.
Investment as a share of GDP peaked at about 25 per cent in the early 1980s as the state invested in both housing and infrastructure and in state enterprises such as Sasol, Mossgas etc. This level then dropped to as low as 14 per cent a few years ago. Since 2003, investment too has been accelerating. Both private investment in housing and corporate investment in equipment and machinery shows very strong growth. In the first half of this year, gross fixed capital formation reached 17.4 per cent of GDP. Over the next three years, the public sector is budgeting to spend R409 billion on infrastructure, providing further impetus on the investment side.
The story of South Africa's property boom over the past five years is a familiar one. Property prices of medium sized houses1 have doubled since 2001. However, in the past two years, we have seen a boom in an area most housing analysts didn't know existed. The residential property market in the country's townships continues to show a higher level of activity than the traditional metropolitan areas, according to the latest First National Bank Residential Property Barometer. This barometer measures activity in the housing market, with one to three being very poor and ten being very active. The index is presently at 7.5 suggesting somewhat surprising buoyancy in the township housing market. Investment in new township housing development is also robust.
There are two areas that give rise to concern. The first is that despite rising earnings, household savings continues to lag. National savings has fallen to as low as 13 per cent of GDP. This has two effects. The first is that we have to finance some of our investments through foreign capital inflows. So far, capital has flown in at a rapid pace, allowing us to finance our current account deficit and build up reserves. Will the international environment be as supportive forever?
The second blotch on the horizon is that a significant portion of our imports comprise of consumer goods. Going forward, we must improve the quality of this current account deficit towards investment goods. Higher interest rates, faster public sector infrastructure spending, the moderately weaker currency and improved performance of our exporters should allow for a slight easing of the current account deficit. However, if we do not improve our export performance, our economic performance would not be sustainable, requiring a forced slowdown in growth to rebalance the economy. No one wants this.
The international picture is, as pointed out earlier, supportive of faster growth in South Africa. However, there are a few more flashing amber lights than a year ago. Global financial imbalances in the form of high current account deficits in the US, large trade surpluses in China and in oil exporting countries and rising inflation globally all pose a threat to the present pace of global growth.
In 2005, the US current account deficit, the difference between its imports and exports of goods and services was a staggering US$791.5 billion or 6.4 per cent of GDP.
6.6 per cent of GDP. This represents a country living beyond its means at a rate never witnessed before in economic history. At the same time, many developing countries are running massive current account surpluses. China's current account surplus in 2005 was US$161 billion and US$91 billion in the first half of 2006.
Oil exporting countries are also running huge current account surpluses, with much of this money flowing into the US and Europe. In 2005, Saudi Arabia ran a current account surplus of 28 per cent of GDP and Norway ran a surplus of 17 per cent of GDP. This year, the IMF estimates that from the US$700 billion that oil producers would receive, about US$400 billion will be 'parked' offshore, further exacerbating these financial imbalances.
Economic theory suggests that capital should flow from developed countries, traditionally offering lower returns, to developing countries offering higher returns due to more rapid growth. In the past eight years, water has flowed uphill. Capital has flowed in massive quantities from developing countries to developed countries. China now has over one trillion dollars of foreign exchange reserves. China has overtaken Japan and is now the single biggest purchaser of US Treasury bonds. India too has accumulated foreign exchange reserves at a phenomenal pace.
What does all of this mean To put it crudely, China buys US dollars to keep its currency weak. US citizens take this money and buy iPods made in China, creating jobs in China. As the level of US debt rises, the global economy becomes ever more unstable, increasing the chances of a crash?
There is no apparent solution to this set of problems. From the US perspective, they cannot afford to suddenly stop borrowing. Their budget deficit is now below 4 percent of GDP, but is still about US$400 billion. If the US raises interest rates to slow the economy down, it could attract even more capital further strengthening the currency. If they lower rates to weaken the dollar to make imports more expensive, inflation could rise offsetting any real depreciation. From a Chinese perspective, they need to stimulate domestic consumption, but this may lead to lower savings and higher interest rates. Higher rates or buying fewer dollars could lead to an appreciation of their currency, reducing their competitiveness. It is a complex web of risks that need to be managed jointly, through global action, preferable managed through multilateral institutions.
As India and China industrialises, their hunger for resources and oil in particular increases. In the US, there is a reluctance to reduce the energy intensity of their economy and their dependence on fossil fuels. Rising demand for a diminishing resource is likely to further raise geopolitical tension in the next two decades, putting the lives of many more at risk.
Let me turn to growth on the African continent. Africa today is experiencing a sustained period of rapid economic growth. In the last twenty years of the previous century, GDP per capita on the African continent remained remarkably flat while most other emerging regions enjoyed substantial increases in prosperity and welfare. For the past four years, economic growth on the African continent has averaged 4.5 per cent, with growth reaching 5.1 per cent in 2005. Some of this is driven by historically high commodity prices and in particular oil. However, even net oil importers grew by 4,5 per cent last year. Rising commodity prices combined with sound macroeconomic performance has provided a framework for strong growth in most African countries.
Macroeconomic stability is a feature of the economic environment in most African countries today. Low inflation, manageable debt levels, partly as a consequence of debt reduction, sound fiscal policies and improved public financial management all provide a firm foundation for rising economic growth. In 2005, oil exporting countries ran a budget surplus of 7.
1.6 per cent.
One sparrow does not a summer make. Four yours of economic growth, while encouraging, does not yet provide a sustainable platform for the reduction of poverty and inequality. Africa needs two to three decades of rapid growth to make a substantial dent on the level of poverty. Half of Africa is today regarded as poor, while in regions such as Asia, the number of people living in poverty has halved in the past three decades. Just as in South Africa, the challenge on the continent is to sustain this rapid economic growth through further acceleration of investment in physical and human capital.
In addition, the state must be able to extract a fair share of the rising profits from the resources sectors. The ability of governments to use these resources wisely will determine how sustainable this economic boom is and how widespread the benefits are shared.
In conclusion, the present economic environment is extremely buoyant. What started off as a consumer boom has been translated into rising investment. Rising investment has led to employment growth, further contributing to rising consumption. We are capable of accelerating growth even further. Our key economic policy objective is to sustain the present pace of growth but also to broaden the scope of beneficiaries. However, even as we grow, new challenges emerge. We must do more to understand these challenges and work together to address them.
Last but not least, a few hours ago, Statistics South Africa revised upwards their estimate of GDP growth, going back ten quarters. Growth in 2005 has been revised upwards from 4.9 per cent to 5.1 per cent, making last year the fastest growing year in about 25 years. The growth rate for 2004 was also revised up to 4.
4.5 per cent. The data also suggests that despite a moderate slowdown this year, the economy is still extremely strong.
4.4 per cent, set out in the Medium Term Budget Policy Statement a few weeks ago.
On that good news, let me step back and hear from you, what your thoughts on the economy are.
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Let's start off by playing a little game. Whose favourite movie is 'So I married an axe murderer' Any takers Let me give you another clue. Whose nick name is Barney Getting warmer Okay here's a give away clue. Who made their debut as the Basil Kenyon Stadium against that great rugby power, Canada?
Hi John. How are you Congratulations on beating England on Saturday?
There are two jobs in South Africa that every person in the country thinks that they should have. The one is the springbok rugby coach and the other is the Minister of Finance. I'm no exception. I'd love to be the springbok rugby coach. So John, let me give you few tips on how to win a match. That rush defence thing, it's like raising interest rates too fast. It just doesn't work. When someone kicks an up and under, it will be great if the other guys give chase too, and don't just stand and watch the ball.
I could go on, but then John could probably give me a few tips on how to run the economy too.
A coach of a rugby team, well most coaches or managers find themselves muttering from time to time that "if you want to get the job done properly, you have to do it yourself." This is the problem of agency. One person cannot play prop, hooker, blind side flanker and when they get home, water the plants and work on global peace and prosperity all at once.
But here is the problem. We rely on other people, but they are seldom perfectly or completely reliable. The great disillusioning with which we have to come to terms is that we can't do it all ourselves, and the power of delegation always carries the risk of disappointment. Just ask Jake.
The factors that influence the performance of the economy are immensely complex and often difficult to measure properly. At a macro level, we have a series of both global and domestic factors that affect our economy. However, at a micro level, the behaviour of individuals both as individuals but also as a team is what makes a difference. Not too different from a rugby team.
Let me give you two examples. South Africa's savings rate has been low both by international standards and relative to our own economic history. One of the reasons sighted for the low savings rate is the rising tax burden on the economy for the past twenty years. And so we decided to significantly reduce tax rates over the past decade. For individuals, disposable income has risen faster than earnings. We had hoped that this would have contributed, at least in part, to rising household savings. Individuals, each person acting on their own, have not only spent the tax cuts, but they've even spent the next tax cut too.
This reduction in savings comes at a time of accelerating investment in the economy. The net effect of the two is that we become reliant on foreign savings to fund our investments, increasing the risk for all in the economy.
Both John and Jake know all too well what happens when people don't stick to a game plan.
A second example of how individuals, each acting on their own, can have large consequences for society as a whole: many individuals feel that if they just dodge a little on the tax side, they'll be better off. Some tax payers, especially a few high income earners, look for every opportunity to skimp a little here, and a little there. They're probably thinking, 'Ah! Government has so much money, my little bit won't matter.' When this happens on a large scale, then the state cannot collect the resources to deliver proper services, provide sufficient vehicles for the police to patrol the streets, supply enough textbooks to schools and so on. And so we complain about crime, which we are all legitimately entitled to do, but we continue to skimp just a little each year.
Individual actions, seemingly rational actions, can have hugely damaging consequences for a country.
Economic theory suggests that if individuals and firms act in their own self-interest, the welfare of society is advanced. There are certainly cases where this is true. But surely, it cannot be an absolute rule. The behaviour of both firms and individuals often has negative consequences for other people. The economic term for this is 'externalities'.
The most obvious example of an externality is when someone pollutes the air through their driving. Their action causes harm to other people. The cost of driving, or the cost of the fuel, does not capture the full economic cost of the damage done to the environment.
Externalities can be positive too. If someone beautifies their garden, it provides an appealing environment for their neighbours too. Research and innovation often has a positive externality of society where the benefits are larger than can be captured by the individual who makes the invention. A large portion of public economics is dedicated to dealing with externalities. We tax or regulate actions that have a negative externality and we attempt to incentivise positive externalities through subsidies or tax breaks.
The economics of externalities and of individual action goes to the heart of the fact that we are not islands. The actions and behaviour of individuals affect societies, how we develop and how our culture is shaped. You often don't hear finance ministers or economists using the term human solidarity, but much of economic management is about an understanding of human solidarity, an understanding or belief that we share a common planet, a country, and common destiny.
Good corporate governance seems a real pain, when you're sitting in a board meeting trying to make the books look good. However, countries or cultures where corporate governance is weak receive less investment, innovate less and grow at a slower pace. Individual action makes a huge difference to the prosperity of both their society and ultimately of themselves.
We have seen a number of cases in South Africa where board members have simply washed their hands of their fiduciary responsibility, and have sought short-term gain. I'm sure, in many cases, they did achieve some short term gain. But, we as a country pay the price.
The entire system of corporate governance is based on two assumptions: that by having external interested parties represented on boards, the rights of all shareholders can be protected. Second, that by aligning the interests of senior managers with those of shareholders, the interest of shareholders is advanced.
These assumptions don't always hold. Perhaps the temptation to make the books look good in the short term is just too strong. Perhaps we need a rethink on how we can realign the interests of managers, board members and shareholders. In South Africa, we have made progress in enhancing corporate governance through changes to company law, the auditing industry, accounting standards and better financial sector regulation.
As members of boards, you don't only have a responsibility to shareholders today. You also have a responsibility to shareholders tomorrow. You also have a responsibility to ensure that the environment within which your business operates is conducive to growth. Only by taking a broader perspective of the term 'fiduciary responsibility' can society as a whole prosper.
There is increasing recognition that externalities don't only operate on a national level, but on an international level as well. The actions of countries often have negative consequences for the rest of the world. The fact that a single country, with 5 per cent of the world's population consumes 25 per cent of the world's natural resources has severe consequences for global peace and stability.
In South Africa, we are planning to build a dam on the Olifants River in the north east of the country. We need this dam to serve local communities who presently do not have access to clean water, to support mining in the area and to increase electricity generation. However, this river flows into another river that runs through Mozambique. Their needs must be considered too. What we do, how we behave has consequences for those around us.
In the past decade, we have seen the development of a literature around global public goods. Clean air, water, thriving oceans, pristine environments like the Antarctic are all assets that belong to us all, and to future generations. If we plunder these resources today, then there will be nothing for our children tomorrow.
At a national level, societies thrive and prosper because individuals accept that they are part of a collective, they benefit from social institutions and they have a responsibility to contribute towards these institutions. Similarly, good corporate citizens are beneficiaries from open, growing markets.
At an international level too, we have rights and we have responsibilities. Progress, sustainable growth and development depend on how we act as global citizens.
Ladies and gentlemen, enjoy your dinner. In essence, I've been talking about team work, as appropriate to the rugby team as to managing the economy. A successful team requires individuals to act both in their own interests and in the interests of the team. Our team is our country and the world. After dinner, I look forward to getting a few tips from John on how to run the economy.
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The Prevailing Interest Rates are applicable from the first day of the month (1st December 2006) until the last day of the month (31st December 2006).
<fn>GOV-ZA.2006121201En.2012-02-10.en.txt</fn>
Education is a substantial industry in its own right - the largest category of public expenditure in most Commonwealth countries, and up to 10 per cent of national output and income in many economies, including both public and private sector activities and institutions.
Yet the links between education and the rest of the economy are seldom explicitly addressed in education planning and finance.
We broadly understand that economic development relies on skills, knowledge and expertise, and education contributes to generating these. But we don't have much confidence in formal skills development plans any more - what used to be called "manpower requirements planning" has largely been discredited as an approach to social and economic development.
We also understand that education has collective "public good" characteristics, and so it is largely financed and organised by governments rather than the business sector. But there are also important contributions of non-governmental organisations and enterprises to the education and training industry, and the interaction between government and private sector activities and responsibilities are complex and vary from one country to another.
Parts of this conference programme deal with these and related issues - how we can make more rapid progress towards meeting the millennium development goals for education enrolment and opportunity, how we can learn from each other's experience in improving the quality and effectiveness of schooling, the role of higher education in development, partnerships across international borders and engagement between education institutions and local community initiatives. Behind these practical and institutional challenges are several deep and analytically difficult aspects of the interaction between education and the economy.
You have a special and exciting opportunity here to reflect on these issues, jointly and in the separate forums of Ministers and officials, stakeholders, teachers and youth participants. Of course you will do so as committed participants in the global project of education development, but perhaps you will allow me to share with you a few ideas that come from outside the education discourse, yet may have some relevance to your conference deliberations.
The first is a concept associated with economic theorist Kenneth Arrow, who wrote a paper called "learning by doing" in the early 1960s that greatly influenced subsequent thinking about growth, productivity and investment. It's an idea that has some bearing on the economic revival South Africa is currently experiencing, and probably also helps explain why those old "personpower planning" models, even when more acceptably named, don't help very much.
There is nothing new, of course, about the idea of learning by doing - practical experience in the classroom has always been part of well-structured teacher education programmes; engineers, lawyers and accountants all know that until they have actually experienced the difference between concrete slurry and backyard sludge or between an audit statement and the first trial balance spreadsheet, they don't have any claim to professional status. And the difference between two years on the job and ten years of professional practice is not just a few thousand dollars a month; it is also a good deal of real knowledge and valuable capability.
But the implications of learning by doing for how we think about productivity and growth largely went unrecognised in economic theory until the 1960s, and there is still a lot of unreconstructed policy advice around. Kenneth Arrow's insights helped explain a puzzle in growth economics - that measured productivity improvements typically follow rather than lead growth spurts, although the standard theory treats productivity as a determinant of output. It's an idea that also helps explain the dynamics of enduring growth accelerations, increases in investment, productivity, output and employment that become self-reinforcing virtuous cycles of economic advancement. Welldirected investment in infrastructure and technology generates the learning, organisational change and skills acquisition that emerge in the national accounts statistics as rising productivity.
Faster economic growth in South Africa over the last five years has highlighted our own skills shortages and the need to recruit and train larger numbers of engineers and city planners and accountants. But faster economic growth also generates a whole lot more activity, industrial capacity building, technology replacement and organisational renewal that in turn stimulate learning opportunities and increase the reward to skills acquisition.
This has become more evident in South Africa in the last five years, but it is also a powerful global dynamic at present - in some respects not entirely welcome, because rapid demand for skills has contributed to rapidly rising remuneration in skilled and professional occupations, associated with widening earnings inequality in many countries. This "high-skill" learning by doing in the last thirty years has largely been concentrated in the financial services and IT industries, associated with investment in electronic software rather than infrastructure or equipment.
What are the implications for education One is that the quality of basic language and mathematics schooling is critical, because this is the foundation on which lifelong learning rests. Another is that colleges and higher education institutions need to be ready to adapt and capable of responding to changing economic and labour market trends. Growth and investment create powerful feedback effects on the demand for learning opportunities and the returns to human capital - indeed in South Africa, as in other countries that have experienced an acceleration of growth after a long period of economic stagnation, this feedback effect is like a seismic shock to the education and training system, because it brings such rapid growth in demand for some kinds of skills and qualifications?
This brings me to a second concept that has some bearing on how economists think about education, and in particular on the role of formal qualifications and standards. There is a body of theory about how markets work that focuses on missing or imperfect information, and the transaction costs associated with decision-making with incomplete information. Michael Spence introduced the idea of "signalling" into this literature thirty years ago, and for the first time economists were able to offer a coherent explanation of why we have persisted in our modern education systems with those arcane medieval rites of passage and colourful ceremonies and symbols and formal titles associated with degrees and diplomas and professional qualifications. These are signals, simple indicators that carry information that would otherwise not be evident in the ordinary course of trade and commerce. And so we rely on the advice of a medical doctor or the engineer's calculations not because we have conducted an exhaustive due diligence assessment of his or her capabilities, but because a reputable academy of learning has done so.
In this way, formal qualifications play an important role in lowering the costs of specialised transactions and directing consumers or businesses to competent service providers. The system is best developed in the medical field, where there is a whole hierarchy of certified specialisations, each occupying a welldelineated set of conditions and associated therapies. I can tell you that the field of economic and fiscal advice is characterised by no such intelligible order yet: my staff happily offer opinions that are entirely undisciplined in their range and diversity, they trespass merrily on everybody else's area of expertise and they see no embarrassment in contradicting each other and changing their minds. So I have to conclude that economics remains a rather primitive intellectual discipline, and I hope, Ministers, that you enjoy the benefits of better structured ideas and advice in the field of education.
Nonetheless, the idea of signalling is helpful in thinking about the interaction between education and the wider economy and the labour market. If qualifications are to do the job of signalling properly, they need to be reliable and so standard-setting and accreditation of institutions are important. There are interesting implications for institutional autonomy and indeed for international cooperation and alignment of standards. And these are not just questions relevant to high-level professional competences - the entire structure of the education curriculum, from early childhood learning through schooling and further education, how performance is measured and how achievements are communicated, yields a series of signals to parents, teachers and students that influence education choices and occupational aspirations in hugely important ways. It is no exaggeration to say that every aspect of social, cultural and economic development, the life path of every learner, is influenced by the integrity and coherence of this matrix through which educational attainment is measured and signalled.
This surely serves as a reminder of a perspective on education articulated so powerfully by a third Nobel prize-winning economist, Amartya Sen, one of the keynote speakers at this conference in Edinburgh three years ago. In Development as Freedom and elsewhere, Sen explains why basic education as a right, an entitlement, as recognised in the millennium development goals and in the main theme of this Commonwealth conference, is both a moral imperative and a practical foundation of social and economic progress.
Taking education as an entitlement seriously means that we have to deal forthrightly and honestly with the challenge of improving the quality of schooling. This means we must get to grips with outcomes, measures of performance, quantitative indicators and searching assessments of the learning process. It means dealing with management problems, proper budgeting and financial administration, more effective long-term funding partnerships between donors and poor countries, maintaining classroom buildings and providing books and equipment, it means investing in technology improvements, it means raising standards of teacher training and monitoring what actually goes on in classrooms.
Education as a basic entitlement means that we need have no reservations about asserting the responsibility of governments for education systems and delivery. But we should also not let ideological presumptions get in the way of supporting initiatives and new ways of doing things that might contribute to more rapid progress in narrowing the education gap. Faith-based organisations make important contributions to schooling in many of our countries, there are effective non-governmental agencies operating in thousands of local communities, regionally or nationally and across national boundaries. Education depends on book suppliers, technology, management support and other kinds of partnership with the private sector - there are no doubt ways in which these arrangements could be strengthened.
In welcoming delegates to this conference from other Commonwealth countries to Cape Town and South Africa, Minister Pandor and I know that we have a great deal to learn from your experiences in addressing these challenges. Although progress has been made over the past decade, we are still far from realising the quality and availability of education required to ensure equitable access to opportunities and a common South African nationhood. We are here to listen, and to share with you something of what we have learnt by doing, to understand better the signals and indicators that tell us what I happening at the interface between education, the economy and the labour market, and to re-commit ourselves to education as an entitlement and a progressive right that underpins social and economic progress and the shared values on which the Commonwealth is built.
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The Rating and Investment Information (R&I) Rating Agency from Japan has upgraded the Republic of South Africa's foreign currency long-term rating to A- (A minus) with a stable outlook (upgraded from stable BBB+). The foreign currency short-term rating has also been upgraded from a-2 to a-1.
The upgrade is supported by the following factors: Economic growth of about 4 to 5 percent is expected to continue over the MTEF. Tax revenue is increasing given a well established tax collection system and the fiscal deficit as a percentage of gross domestic product (GDP) has declined to less than 1 percent. Public debt is on a declining trend and is expected to fall to 34 percent of GDP in 2007. The import of capital goods accompanying domestic investment in infrastructure development is increasing and capital inflow is sound and no immediate concerns exist regarding foreign currency financing. The R&I Rating Agency has also newly assigned the Domestic Currency Issuer Rating at A.
The upgrade given by R&I rating agency is a reflection of government's programme to continually prioritise the needs of the poor made possible by the improved economic growth on the strength of sound macroeconomic, fiscal and monetary policies, sound debt management and the continued expansion in public expenditure. South Africa is now reaping the benefits of economic restructuring and policy reforms over the past decade and is now one of a few emerging economies to have reached an "A" international credit rating. This improved rating will further reduce South Africa's external vulnerability as well as its sovereign risk premium and thereby reduce the cost of doing business.
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URL: http://www.info.gov.za/speeches/2006/06060713151002.
URL: http://www.info.gov.za/speeches/2006/06060616451002.
<fn>GOV-ZA.20062011En.2012-02-10.en.txt</fn>
The search is on for Mpumalanga's best Driver who is expected to compete with other drivers nationally. In the past two weeks, the Mpumalanga Department of Safety, Security and Liaison commenced with the search in Gert Sibande and Ehlanzeni Regions respectively for male and female drivers of heavy vehicles.
The Driver of the Year Competition (DOTY) is intended to enhance safe driving by road users, in particular heavy vehicle drivers. It is an annual contest run in various districts of the province and the winners from the districts compete provincially and end up competing for the best driver award nationally.
In the Articulated and 3.5 Ton delivery vehicle categories, Mr Patrick Mabuza from Coca Cola and Mr S Hlatshwayo from Public Works, Roads and Transport won respectively.
Speaking during the competition, the Department's Road Safety Education Senior Manager, Ms Busi Nkuna said that in most of the accidents that happen in the province, heavy motor vehicles are involved.
She said that the competition was meant for encouraging heavy motor vehicle drivers to remember the road rules and to be informed about the changes of other road signs.
Nkuna added that the competition also trains drivers to be in control of their vehicles especially in hectic traffic situations and to know when to overtake as well as the distances to be maintained when following other vehicles.
Mr MP Dubazane from Public Works, Roads and Transport outclassed the rest in the Rigid category, while Mr JT Nkosi from KIE Labour came trumps on the Rigid with four wheels category.
The competition will soon be conducted in Nkangala and Bohlabela Regions.
<fn>GOV-ZA.2006AdminjusticeEn.2012-02-10.en.txt</fn>
The Department of Justice and Constitutional Development aims to uphold and protect the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), and the rule of law. It also aims to render accessible, fair, speedy and cost-effective administration of justice in the interest of a safer and more secure South Africa.
The department's four national core branches are Court Services, Master of the High Court, Legal Advisory Services, and Legislation and Constitutional Development. Corporate Services provides support. The National Prosecuting Authority (NPA) forms a separate programme on the department's Vote.
To ensure the efficiency of its services and to enhance accessibility, the NPA, Court Services and the Master of the High Court have established provincial and local structures linked to courts to co-ordinate the implementation of national policy. Legal Advisory Services has also established state attorney offices in Pretoria, Johannesburg, Cape Town, Bloemfontein, Kimberley, Port Elizabeth, East London, Thohoyandou and Durban to provide services at a decentralised level.
the South African Human Rights Commission (SAHRC), which promotes and monitors the observance of human rights in South Africa the Commission on Gender Equality (CGE), which aims to create a society free from gender discrimination and any other forms of oppression the Public Protector, which investigates any conduct in state affairs, or in public administration in any sphere of government, that is alleged to be improper, or which results in any impropriety or prejudice.
the Special Investigating Unit (SIU), which provides professional forensic investigating and litigation services to all state institutions at national, provincial and local level to combat maladministration, corruption and fraud, and to protect state assets and public money the Legal Aid Board, which provides legal aid and representation to as many indigent people as possible at the State's expense.
The department's budget for 2006/07 was R7,3 billion, of which R1,5 billion was for the NPA, R2,4 billion for the Court Services Programme, and R986 million for chapter nine institutions.
In terms of section 165 of the Constitution, the judicial authority in South Africa is vested in the courts, which are independent and subject only to the Constitution and the law.
Supreme Court of Appeal high courts, including any high court of appeal that may be established by an Act of Parliament to hear appeals from high courts magistrates' courts any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either high courts or magistrates' courts.
In line with this, Parliament has also established special income tax courts, the Labour Court and the Labour Appeal Court, the Land Claims Court, the Competition Appeal Court, the Electoral Court, divorce courts, 'military courts' and equality courts.
The Minister of Justice and Constitutional Development, Ms Brigitte Mabandla, is leading a process to rationalise high courts. The Superior Courts Bill, which was introduced in Parliament in 2005, will abolish the last remnants of the homelandbased supreme courts, and will usher in new provincial divisions of the High Court in each province. Their jurisdiction and capacity will be determined in accordance with people's needs. This will result in the opening of high courts in Mpumalanga and Limpopo, which the Pretoria High Court currently services.
The Constitutional Court, situated in Johannesburg, is the highest court in all constitutional matters. It is the only court that may adjudicate disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state, or that may decide on the constitutionality of any amendment to the Constitution or any parliamentary or provincial Bill. The Constitutional Court makes the final decision on whether an Act of Parliament, a provincial Act or the conduct of the President is constitutional. It consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine Constitutional Court judges.
Justice Pius Langa is Chief Justice of South Africa and Justice Dikgang Moseneke is Deputy Chief Justice.
The Supreme Court of Appeal, situated in Bloemfontein, in the Free State, is the highest court in respect of all other matters. It consists of the President and Deputy President of the Supreme Court of Appeal, and a number of judges of appeal determined by an Act of Parliament. The Supreme Court of Appeal has jurisdiction to hear and determine an appeal against any decision of a high court.
Decisions of the Supreme Court of Appeal are binding on all courts of a lower order, and the decisions of high courts are binding on magistrates' courts within the respective areas of jurisdiction of the divisions.
There are 10 high court divisions: Cape of Good Hope (with its seat in Cape Town), Eastern Cape (Grahamstown), Northern Cape (Kimberley), Orange Free State (Bloemfontein), Natal (Pietermaritzburg), Transvaal (Pretoria), Transkei (Mthatha), Ciskei (Bhisho), Venda (Sibasa), and Bophuthatswana (Mmabatho). Each of these divisions, with the exception of Venda, is composed of a judge president and, if the President so determines, one or more deputy judges president, and as many judges as the President may determine from time to time.
A provincial or local division has jurisdiction in its own area over all persons residing or present in that area. These divisions hear matters that are of such a serious nature that the lower courts would not be competent to make an appropriate judgment or to impose a penalty. Except where minimum or maximum sentences are prescribed by law, their penal jurisdiction is unlimited and includes handing down a sentence of life imprisonment in certain specified cases.
Decisions of the Constitutional Court, the Supreme Court of Appeal and the high courts are an important source of law. These courts are required to uphold and to enforce the Constitution, which has an extensive Bill of Rights binding all state organs and all persons. The courts are also required to declare any law or conduct that is inconsistent with the Constitution to be invalid, and to develop common law that is consistent with the values of the Constitution and the spirit and purpose of the Bill of Rights.
It facilitated the separation of functions pertaining to the judiciary, prosecution and administration; enhanced and developed the skills and training of judicial officers; optimised the use of the limited resources in an equitable manner; and addressed the imbalances in the former homeland regions.
In terms of the Magistrates' Act, 1993 (Act 90 of 1993), all magistrates in South Africa fall outside the ambit of the Public Service. The aim is to strengthen the independence of the judiciary. Although regional courts have a higher penal jurisdiction than magistrates' courts (district courts), an accused cannot appeal to the Regional Court against the decision of a district court, only to the High Court.
By March 2005, there were 366 magistrates' offices, 50 detached offices, 98 branch courts and 228 periodical courts in South Africa, with 1 833 magistrates.
The department created 40 new magistrates' posts in 2005/06 and filled 1 000 vacancies at courts in support of the judiciary and the prosecution.
Apart from specific provisions of the Magistrates' Courts Act, 1944 (Act 32 of 1944), or any other Act, jurisdiction regarding sentences imposed by district courts is limited to a period of not more than three years' imprisonment, or a fine not exceeding R60 000. A regional court can impose a sentence of not more than 15 years' imprisonment or a fine not exceeding R300 000.
Any person charged with any offence committed within any district or regional division may be tried either by the court of that district or by the court of that regional division. Where it is uncertain in which of several jurisdictions an offence has been committed, it may be tried in any of such jurisdictions. Where, by any special provision of law, a magistrate's court has jurisdiction over an offence committed beyond the limits of the district or regional division, the court will not be deprived of such jurisdiction.
A magistrate's court has jurisdiction over all offences except treason, murder and rape. A regional court has jurisdiction over all offences except treason. However, the High Court may try all offences. Depending on the gravity of the offence and the circumstances pertaining to the offender, the Directorate of Public Prosecutions (DPP) decides in which court a matter will be heard and may even decide on a summary trial in the High Court.
Prosecutions are usually summarily disposed of in magistrates' courts, and judgment and sentence passed.
a warning or caution discharge. The sentencing of 'petty' offenders to do community service as a condition of suspension, correctional supervision or postponement in appropriate circumstances, has become part of an alternative sentence to imprisonment. Where a court convicts a person of any offence other than one for which any law prescribes a minimum punishment, the court may, at its discretion, postpone the passing of sentence for a period not exceeding five years, and release the person convicted on one or more conditions; or pass sentence, but suspend it on certain conditions.
If the conditions of suspension or postponement are violated, the offender may be arrested and made to serve the sentence. This is done provided that the court may grant an order further suspending the operation of the sentence if offenders prove that circumstances beyond their control, or that any other good and sufficient reason, prevented them from complying with the conditions of suspension.
Unlike normal courts, community courts, like the Hatfield Community Court in Pretoria, have flexible hours.
The business community and other formations of civil society contribute significantly to the establishment and sustainability of these courts.
By September 2005, 13 community courts had been established. Four were fully operational and had been formally launched. These are Hatfield, Fezeka (Gugulethu), Mitchell's Plain and Cape Town. Another nine pilot sites commenced in Durban (Point), KwaMashu, Mthatha, Bloemfontein, Thohoyandou, Kimberley, Phuthaditjaba, Hillbrow and Protea (Lenasia).
By September 2005, 9 685 cases had been finalised since the start of the first Community Court in April 2004, with a 96% conviction rate.
In October 1999, the South African Revenue Service (Sars) opened a criminal courtroom at the Johannesburg Magistrate's Office, dedicated to the prosecution of tax offenders. The court deals only with cases concerning failure to submit tax returns or to provide information requested by Sars officials. It does not deal with bigger cases such as tax fraud.
Another Sars court operates twice a week at the Magistrates' Office in Roodepoort. In 2005, a new tax court facility was opened in Megawatt Park, Sunninghill, Gauteng.
A family court structure and extended family advocate services are priority areas for the department.
improve the quality and effectiveness of service delivery to citizens who have family law disputes. To ensure the proper and efficient functioning of maintenance courts, government has introduced initiatives that include appointing and training 140 maintenance investigators and providing them with training, creating 427 maintenance clerk and 86 maintenance investigator clerk positions to improve service delivery, and facilitating the development of Magistrates' Guidelines for the Implementation of Maintenance and Operation Isondlo.
By September 2006, Operation Isondlo, which was launched in Limpopo in December 2005, had brought relief to thousands of women struggling to recoup outstanding maintenance payments. This initiative aims to guard against the risk of the family unit degenerating and children being driven to a life of crime, by encouraging more mediation and the involvement of all stakeholders in maintenance matters, and by inculcating a culture of respect for the law and its attendant processes.
The role of equality courts is to enforce the provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000). The Act outlaws unfair discrimination and allows for the creation of equality courts within magistrates' and high courts, each to be presided over by trained magistrates or judges appointed as presiding officers. The Act further authorises the Minister of Justice and Constitutional Development to appoint the Equality Review Committee to monitor the implementation of the Act's provisions.
By the end of August 2005, 70 sexual offences courts were in session and 30 more were expected to be operational by March 2006. These specialised courts allow sexual offences cases to be handled with sensitivity to avoid secondary victimisation of traumatised victims.
By the end of 2005/06, 260 designated equality courts were expected to be functioning and dealing with matters of discrimination. Section 16(1)(a) of the Promotion of Equality and Prevention of Discrimination Act, 2000 provides that every high court is an equality court for its area of jurisdiction. Infrastructure is provided for this purpose as new courts are set up. Over 1 290 magistrates and 300 clerks of court have been trained in equality matters. The equality court services were expected to be extended to another 100 courts in 2006/07.
On 1 May 1995, the civil jurisdictional limits of magistrates' courts were increased for both liquid and illiquid claims, from R50 000 and R20 000 respectively, to R100 000. In addition to the considerable increase, the previous distinction between jurisdictional limits regarding the different causes of action was abolished. Unless all the parties in a case consent to higher jurisdiction, the jurisdiction of a magistrate's court is limited to cases in which the claim value does not exceed R100 000 where the action arises out of a liquid document or credit agreement, or R50 000 in all other cases.
The limit of cases involving civil claims is R7 000. By June 2006, there were 154 small claims courts throughout the country. The Commissioner of Small Claims is usually a practising advocate or attorney, a legal academic or other competent person, who offers his/her services free of charge.
An average of 120 commissioners are appointed for small claims courts annually.
providing access for all, especially the poor and the vulnerable establishing systems and rules of court that are accessible and easy to understand providing trained administrative support staff attracting and retaining commissioners.
Courts constituted in this way are commonly known as chiefs' courts. Litigants have the right to choose whether to institute an action in the chief's court or in a magistrate's court. Proceedings in a chief's court are informal. An appeal against a judgment of a chief's court is heard in a magistrate's court.
By February 2006, of the 218 judges, 53% (115) were white, 31% (68) were African, 3% (16) were coloured and 9% (19) were Indian. Overall, 16% were female and 84% male. In terms of the lower court judiciary, at the end of February 2006, of the 1 833 magistrates, 48% (893) were white, 37% (683) were African, 8% (121) were coloured and 7% (131) were Indian. Overall, 30% were female and 70% male.
A comprehensive human resource development (HRD) strategy to widen the pool of women and black legal practitioners was expected to be finalised during 2006/07.
The transformation of the judiciary is intimately linked with the transformation of the legal profession and of legal scholarship. The department has worked in partnership with law schools in transforming the curriculum of the basic law degree to bring it in line with modern best practices. In addition to encouraging law schools to widen access to students from previously disadvantaged communities, these institutions will further be encouraged to forge linkages with leading law firms, with prominent practitioners and with relevant international organisations.
Transformation of the legal profession includes ensuring that judicial services are accessible to the poor, the uneducated and the vulnerable. This entails establishing a physical presence in rural areas and in townships, as well as offering affordable fees and providing speedy and empathetic services. It also entails facilitating access of all aspects and levels of the profession to aspirant lawyers, especially to those from previously marginalised backgrounds.
The provision of alternative dispute-resolution mechanisms is another key aspect of transforming justice services, thus making justice more accessible and more affordable.
The department gives prominence to integrating and modernising justice services through technology. It seeks to evolve simplified, cheaper and faster processes geared for the poor and vulnerable in townships and rural areas. It seeks to achieve this in partnership with its customers, with other government departments and with stakeholders.
In 2006, the department was in the third year of its five-year courts turnaround strategy, through the Re Aga Boswa We Are Rebuilding Project, which seeks to enhance court efficiency. It will complete the restructuring programme for courts. The project also institutionalises a new customer-focused court-management model that ensures that court managers are entrusted with managing courts, and that judges and magistrates invest more time in their judicial work. This will result in increased court hours and better-quality judgments.
The rationalisation of high courts and the redemarcation of magisterial districts is also part of the restructuring programme. This entails the rationalisation of service areas of the supreme courts in the former homelands and self-governing states to align them with the new constitutional order. In 2004, the Minister of Justice and Constitutional Development proclaimed new magisterial districts aligned to the new municipal boundaries.
Saturday courts and other additional courts were established to assist in decreasing the backlog of cases. Various new regional-court posts were created and filled, impacting positively on decreasing case backlogs.
Some 25 district courts were expected to be opened, and 15 regional court magistrates were appointed in 2006.
The department operates 46 integrated justice court centres throughout the country to improve co-operation between criminal justice role-players in case management. After leading to a reduced case cycle, this initiative was expected to be rolled out to another 40 courts in 2006/07.
Re Aga Boswa seeks to affirm the principle of separation of powers as enshrined in the Constitution to ensure that magistrates and judges who are also heads of courts are further relieved of administrative functions to concentrate on their judicial work, as this is expected to lead to increased court productivity and to improved quality of judgments.
By June 2006, through Re Aga Boswa, 58 areacourt manager and 217 court-manager positions had been created countrywide and were being filled.
The roll-out of Re Aga Boswa integrated the implementation plan of the justice, crime prevention and security service charter for victims of crime to ensure that there was sufficient capacity to implement the charter. A dedicated telephone line was launched in 2005/06 to provide victims of crime direct access to the courts.
The court process pilot project was initiated in 2000 to pilot business process re-engineering and electronic filing of documents and dockets. Lessons learned through the project about court scheduling, case management and general court administration processes were incorporated into the Re Aga Boswa Project.
The NPA structure includes the National Prosecuting Services (NPS), the Directorate: Special Operations (DSO), the Witness-Protection Programme (WPP), the Asset Forfeiture Unit (AFU) and specialised units such as the Sexual Offences and Community Affairs (Soca) Unit, the Specialised Commercial Crime Unit, the Priority Crimes Litigation Unit and the Integrity Management Unit.
In May 2005, President Thabo Mbeki appointed the Khampepe Commission of Inquiry into the Mandate and Location of the DSO.
By September 2006, the commission had completed its report after receiving written and oral submissions from various parties. Most of its hearings were held in public.
The commission recommended that the DSO be retained within the NPA, but that political oversight and responsibility for the law-enforcement component of the DSO be conferred on the Minister of Safety and Security. Prosecutors working for the DSO would continue to receive instructions from the NDPP, which would remain accountable to the Minister of Justice and Constitutional Development.
Over the next three years, some 890 additional prosecutors' posts are expected to be created, which will allow for the deployment of at least two prosecutors per court.
In 2006/07, the NPA was expected to employ more personnel in addition to the 2 187 prosecutors and 196 senior public prosecutors who deal with criminal cases in the lower courts.
The objective of the DSO is to prioritise, investigate and prosecute particular manifestations of serious and organised crime that threaten the South African democracy and economy.
The primary client of the DSO is government, which has a fundamental interest in combating and suppressing insidious (and apparently victimless) organised crime. Equally, complainants from the private sector and regulatory bodies (for example Sars, the Financial Services Board and the South African Reserve Bank) base their expectations on how the DSO deals with financial crimes.
Rare individual complainants form part of the DSO's client base, when they are affected by largescale money rackets or organised violence.
The DSO renders services that include the determination, investigation and prosecution of crime to restore justice, to enhance public confidence in governance and to reduce crime through deterrence.
Products are realised through accurate assessments of crime threats, impact-driven and opportune investigations, successful prosecutions, confiscation of contraband, and forfeiture of illgotten gains and compensations, where warranted.
Between 2000 and 2006, more than R1 billion in proceeds from crime was frozen and nearly R100 million was paid into the Criminal Assets Recovery Account.
The broad legislative mandate of the DSO has been reduced to four crime focus areas to enable the DSO to carry out its mandate successfully. These are: organised crime organised corruption serious and complex financial crime racketeering and money laundering. By July 2006, the investigation of the SIU into irregular social grant payments in the Department of Social Development, at the request of the Minister of Social Development, Dr Zola Skweyiya, and paid for by that department, had removed some R1,5 billion in irregular grants from the system.
The joint efforts of the department and the SIU resulted in 110 000 grants being cancelled, saving taxpayers over R400 million a year.
The investigation focused on civil servants registered on the Social Pension System who received social grants.
Between July 2005 and July 2006, some 44 000 government employees receiving grants were investigated. The 21 588 found to be on the system irregularly were to face disciplinary action.
The SIU aimed to cancel another 125 000 grants worth R500 million in 2006.
The SIU investigation also tried to recover money from those able to repay the irregular grants they had received, whether being government employees or not.
The next phase of the investigation would focus on private individuals receiving social grants irregularly.
With almost a quarter of South Africa's population of over 40 million people receiving social assistance grants, the SIU expects to investigate up to five million cases over the next few years to clean up the system.
The corruption probe at the Department of Correctional Services' facilities led to a saving of R3,4 billion for the medical aid scheme of the department, and to 90 officials being criminally prosecuted and charged internally.
Other important fraud cases being tackled aggressively by the SIU are at driver's licenceissuing centres. By March 2006, more than 1 000 licence centres had been found to be noncompliant, with 1 294 criminal investigations pending, and 359 private individuals and 31 civil servants arrested, mostly on charges of selling fraudulent driver's licences.
Among other key corruption cases probed by the SIU were fraud cases in the WPP in KwaZulu-Natal.
The SIU also targeted local government, with 24 municipalities in five provinces being investigated.
formulating policy regarding capacity-building, sensitising and scientific functional training in respect of the prosecution of sexual offences and gender-based violence co-ordinating the establishment of special courts for the adjudication of sexual offences and gender-based violence facilitating and/or formulating research techniques for the prosecution of sexual offences, genderbased violence, maintenance and child justice developing and implementing communityawareness programmes and plans for the participation of non-governmental organisations (NGOs) in the processes and procedures aimed at preventing or containing sexual offences developing training, plans and mechanisms regarding the prosecution of sexual offences, gender-based violence, maintenance and child justice.
The Thuthuzela care centres are 24-hour onestop service centres where victims have access to all services that include police, counselling, doctors, court preparation and prosecutors. The main objectives of these centres are to eliminate secondary victimisation, to reduce case-cycle time and to increase convictions.
These multipurpose centres render the services of these departments to communities where these services either do not exist, or do exist but are not easily accessible (especially in rural areas).
The fight against sexual offences is a national priority. The department is providing facilities at courts where child witnesses, especially in childabuse cases, can testify in a friendly and secure environment without the risk of being intimidated.
New child-witness rooms are fitted with oneway glass partitions adjacent to the courtrooms. Where it is impossible to provide such rooms in existing buildings, other rooms away from the courts are used by providing a closed-circuit television (CCTV) link.
Intermediaries act as buffers against hostile and potentially protracted cross-examinations of child witnesses in an open court, particularly necessary in cases of sexual victimisation. Most intermediaries are social workers by profession, and fulfil their intermediary functions part-time or as volunteers. Given the specialised nature of the work and the scarcity of this resource, the department has decided to appoint about 34 intermediaries on contract.
The Draft Criminal Law (Sexual Offences) Amendment Bill, 2003 aims to provide intermediaries to all vulnerable witnesses in sexual-offence cases, where appropriate.
By 2005, 54 sexual offences courts, with an average conviction rate of 62%, had been established. Many of those cases dealt with protecting the rights of children. Of the 54 courts, 26 were blue-print compliant. Infrastructure is to be provided to make the remainder compliant. Permanent positions will also be created with the Magistrates' Commission to capacitate sexual offences courts.
By May 2006, more than 50 000 victims had been prepared for court by 66 court-preparation officials employed by the NPA.
The mission of the NPS is to raise the levels of productivity in the NPA and to make it efficient and credible.
It has to ensure proper planning of court rolls, prioritisation, and proper preparation and arrangement for all cases to be heard, as well as the avoidance of unreasonable delays.
The Pretoria-based Specialised Commercial Crime Unit was established in 1999 as a pilot project to bring specialisation to the investigation and prosecution of commercial crimes emanating from the commercial branches of the SAPS in Pretoria and Johannesburg.
Three new courts and offices were established in the Johannesburg and Pretoria central business districts for specialised commercial-crime cases. Similar courts were established during 2004/05 in Durban and Port Elizabeth.
In 2005/06, 935 commercial-crime trials were finalised with a conviction rate of 94,22%, with some courts operating for an average of over six hours a day.
Instead, the programme offers sustenance in the form of a food allowance; replacement of salary if employment has been lost; free accommodation, including all municipal services; a clothing allowance; transport; a housing allowance for schoolgoing children; medical expenses; etc.
The Attorneys Amendment Act, 1993 (Act 115 of 1993), provides for alternative routes for admission as an attorney. One of these routes is that persons who intend to be admitted as attorneys and who have satisfied certain degree requirements prescribed in the Act, are exempted from service under articles or clerkship. However, such persons must satisfy the society concerned that they have at least five years' appropriate legal experience.
In terms of the NPA Act, 1998, state advocates and prosecutors are separated from the Public Service in certain respects, notably by the determination of salaries.
State attorneys are involved in the drafting of contracts where the State is a party, and also act on behalf of elected and appointed officials in the performance of their duties, e.g. civil and criminal actions instituted against ministers and government officials in their official capacities.
freedom from unfair discrimination the right to life. Since 1994, and in keeping with the cultivation of a human-rights culture, the focus is gradually shifting from an adversarial and retributive CJS to that of a restorative justice system. The Service Charter for Victims of Crime seeks to consolidate the present legal framework in South Africa relating to the rights of and services provided to victims of crime, and to eliminate secondary victimisation in the criminal justice process.
The ultimate goal is victim empowerment by meeting victims' needs, whether material or emotional.
The Department of Justice and Constitutional Development is one of the five core departments in the Justice, Crime Prevention and Security (JCPS) Cluster that has been tasked with the implementation of the National Crime Prevention Strategy (NCPS). This is government's official strategy to combat, control and prevent crime. (See Chapter 17: Safety, security and defence.
Following government's approval of the NCPS in 1996, the IJS Board was formed in 1997 to integrate the activities of departments in the cluster in a co-ordinated manner.
Issues that are receiving specific attention include the overcrowding in prisons and awaitingtrial prisoner problems (currently being dealt with by the Department of Correctional Services), as well as bail, sentencing and plea-bargaining (currently being dealt with by the Department of Justice and Constitutional Development).
Government at all levels wants to eliminate duplication of services and programmes. The need for strategic alignment of cluster activities has also been raised at a series of other governmental meetings and fora.
less duplication of services effective use of scarce and limited resources and skills joint strategic planning and a planned approach instead of reacting to problems. During the latter half of 2002, the IJS Board responded to the challenge and initiated a process to co-ordinate and align activities beyond the IJS. In response to this, a development committee was established in 2003 and mandated to align the shared objectives of cluster departments.
The JCPS has structured itself to focus on two main areas of responsibility, namely operational and developmental issues relating to the justice system, and the improved safety and security of citizens.
By September 2005, the Cabinet had endorsed proposals by the JCPS Cluster to review the CJS.
While each department within the JCPS Cluster must have its own information technology (IT) plan to achieve the vision, mission and department's specific objectives, the IJS Board co-ordinates the broader and shared duty to integrate the information flow throughout the CJS.
This goal focuses specifically on women, children and vulnerable groups, as well as on improved court and case administration.
Implementing relevant legislation and enabling policy, for example, accelerating the finalisation of the Child Justice Bill. By mid-2006, Cabinet had approved the Sexual Offences Bill.
Ensuring assistance from prosecutors and public defenders for child maintenance.
Enforcing the right of children to receive support from earning parents.
Prioritising child justice and all cases involving children, especially those in prison awaiting trial.
The VEP aims to improve services rendered to crime victims.
The NPA has court-preparation officials on contract who provide support to crime victims, especially abused children, in preparing them for court proceedings.
The Service Charter for Victims of Crime, approved by Cabinet, is expected to go a long way towards assisting crime victims.
toll-free lines in all provinces training of victim assistance staff who will assume duty at service-delivery points by 2007/08 a set of complaints mechanisms.
Case-flow management centres provide an integrated solution to managing cases through the court system, facilitated by IT that allows the monitoring of aspects such as case-cycle time and court rolls.
It consists of senior representatives from each of the partner departments participating in the IJS, and is chaired by the Department of Justice and Constitutional Development. National Treasury, the judiciary and the Department of Home Affairs are also represented on the committee.
National and provincial action plans to fast-track all children awaiting trial in prisons and police cells, have led to a reduction in children awaiting trial from over 1 775 in January 2005 to 1 243 in January 2006.
Specific interventions to address the backlog of cases pending trial include moving away from placing children who are in trouble with the law in correctional detention centres. Children awaiting trial will be placed under home-based supervision, in places of safety or in the care of parents or caregivers. Three child-justice centres have been established in Port Elizabeth, Bloemfontein and Port Nolloth.
The National Inter-Sectoral Committee on Child Justice monitors and evaluates all child-justice issues and reports to the JCPS Cluster. This forum has also been established at regional level.
The purpose of this programme is to reform and modernise the administration and delivery of justice through re-engineering work processes by using technologies, strengthening strategic planning and management capacity, organisational development and human resource (HR) interventions.
The e-Justice Programme has evolved into the Information and Systems Management Programme, which has 25 projects in addition to the three main ones, i.e. Court Process Project (CPP), Digital Nervous System (DNS) Project and Financial Administration System (FAS) Project. The e-Justice Programme is funded mainly by the Justice Vote, but is supplemented with donor funding from the European Union Commission, the Royal Netherlands Embassy and the Irish Embassy.
With the completion of the DNS I project in March 2005, the department embarked on DNS II to establish a virtual private network, the first time in government, for the department to improve response times and the transfer of e-mail traffic over the network, and to enhance service delivery.
52 users were trained. By May 2006, the Department of Justice and Constitutional Development was rolling out information and communications technology to all departmental sites with 15 users and less, thus connecting the smaller, mostly rural sites to the department's infrastructure and networks.
The CPP, which was initiated in 2000, seeks to reengineer the way in which court services are delivered. It is aimed at providing courts with the necessary tools to deal with caseloads and general management more effectively.
This project also links, for the first time, the police, prosecutors, courts, prisons and social-welfare facilities at selected pilot sites. It incorporates the flow of processes that affect departments in the IJS, namely the departments of safety and security, of correctional services, of social development, of justice and constitutional development and the NPA.
The system is live at the Durban Centre of Excellence (CoE).
The FAS is tasked with automating and administering trust accounts in the magistrates' courts, the State Attorneys' offices and the Guardian's Fund in the master's offices.
The Justice Deposit Account System was enhanced and rewritten to accommodate functionality, allowing the system to seamlessly interface with private banking institutions. The enhanced system was successfully piloted at Bafokeng Magistrate's Court in North West.
The legislative development component of the branch is responsible for researching, developing and promoting appropriate legislation affecting the department's line functions.
The constitutional development component of the branch is also responsible for promoting the independence and effectiveness of Chapter Nine institutions, and for administering the Constitution, which includes monitoring the implementation of the Constitution and the Bill of Rights.
Between 1994 and 2005, the department promoted more than 113 Bills.
legislation to give effect to the spirit of the constitutional dispensation legislation to address crime issues in South Africa legal reform.
This Act aims to regulate the interception and monitoring of certain communications and prohibits such interception and monitoring, except in cases where such interception or monitoring has been authorised by a judge of the High Court in the case of suspected serious offences. This Act, while protecting the rights of law-abiding individuals, is expected to contribute to the fight against serious organised crime.
Since the Constitution of the Republic of South Africa is the supreme law of the country, it should be treated differently from other Acts of Parliament. This Act is intended to change the reference to the Constitution by providing that no Act number will be allocated to it in future.
It is also intended to substitute the short titles of all Constitution Amendment Acts that have been enacted since the commencement of the Constitution, so as to provide for the consecutive numbering of those Acts.
This Act amended the Public Funding of Represented Political Parties Act, 1997 (Act 103 of 1997), to further regulate the allocation of monies from the Represented Political Parties Fund to political parties participating in the national and provincial legislatures, where a member of a legislature becomes a member of another party while retaining membership of that legislature, or where an existing party merges with another party, or subdivides into more than one party, or subdivides and any one subdivision merges with another party.
The Act also amended the Determination of Delegates (National Council of Provinces) Act, 1998 (Act 69 of 1998), to provide for the determination of certain delegates of a provincial legislature, which has been reconstituted on account of changes of party membership and mergers or subdivisions.
This Act amended a number of different Acts of Parliament, which are administered by the Department of Justice and Constitutional Development. The amendments are technical in nature and address identified practical problems.
This Act repeals the Black Administration Act, 1927, which contains many provisions regulating the lives of black persons in a manner in conflict with the Constitution.
Some important legislation that is being promoted by the department includes the Judicial Service Commission (JSC) Amendment Bill and the Child Justice Bill. The proposed Child Justice Bill will create a new system for dealing with children in trouble with the law.
The Criminal Law (Sexual Offences) Bill emanates from an investigation by the SALRC and proposes a comprehensive review of existing legislation dealing with sexual offences. It aims to bring this area of law into line with the new constitutional dispensation and to provide greater protection against the sexual abuse of women and children, especially girls.
State law advisers provide legal opinions for all organs of state, scrutinise and amend international agreements, draft legislation and subordinate legislation and attend relevant parliamentary portfolio committees as legal advisers for all national departments. The component hosts the National Forum Against Racism and facilitates South Africa's participation in the International Court for Criminal Justice.
The main functions of the Directorate: International Affairs in the Department of Justice and Constitutional Development are to identify and research legal questions that relate to matters pertaining to the administration of justice between South Africa and other states.
The directorate is involved in direct liaison and negotiations at administrative and technical level with foreign states to promote international legal cooperation, and for the possible conclusion of extradition and mutual legal-assistance agreements.
The directorate also aims to establish greater uniformity between the legal systems of southern African states, especially the Southern African Development Community (SADC).
The directorate co-ordinates human-rights issues at international level under the auspices of the United Nations (UN) and the African Union (AU).
regular liaison with SADC states co-ordinating all Commonwealth matters pertaining to the administration of justice interacting with other international bodies, such as the United Nations (UN), the Hague Conference and the International Institute for the Unification of Private Law interacting with foreign states outside the SADC region negotiating extradition and mutual legalassistance agreements with other countries preparing Cabinet and Parliament documentation for the ratification of human-rights treaties, including report writing.
ensure the effective implementation of the Rome Statute of the ICC in South Africa ensure that South Africa conforms with the obligations set out in the statute address the crime of genocide, crimes against humanity, and war crimes address the prosecution in South African courts of persons accused of having committed said crimes in South Africa and beyond the borders of the country in certain circumstances deal with the arrest of certain persons accused of having committed said crimes and their surrender to the ICC in certain circumstances enhance co-operation by South Africa with the ICC.
On 15 October 2004, the Constitutional Court declared section 23 and regulations of the Black Administration Act, 1927 unconstitutional. In 2005, legislation to repeal the Black Administration Act, 1927 was finalised.
Johannesburg, Kimberley, Mafikeng, Polokwane, Port Elizabeth, Pietermaritzburg, Pretoria, Thohoyandou and Mthatha.
Suboffices are located in places where the High Court does not have a seat, but where workloads require the presence of at least one assistant master.
At service points, officials attached to the Branch: Court Services deliver services on behalf of, and under the direction of, the master. Each magistrate's court is a service point. Each service point has at least one designated official who is the office manager or a person of equal rank. They only appoint masters' representatives in intestate estates of R50 000 or less, in terms of section 18(3) of the Administration of Estates Amendment Act, 2002 (Act 47 of 2002).
On 26 December 2004, the Mental Healthcare Act, 2002 (Act 17 of 2002), came into operation, recalling the Mental Health Act, 1973 (Act 18 of 1973).
The fund holds and administers funds, which are paid to the master on behalf of various persons known or unknown. These include minors, persons incapable of managing their own affairs, unborn heirs, missing or absent persons, or persons having an interest in the money of an usufructuary, fiduciary or fideicommissary nature.
The money in the Guardian's Fund is invested with the Public Investment Commission and is audited annually. Interest is calculated monthly at a rate per year determined from time to time by the Minister of Finance. The interest is compounded annually at 31 March. Interest is paid for a period from a month after receipt up to five years after it has become claimable, unless it is legally claimed before such expiration.
Five years after the money has become claimable, the master pays the unclaimed money to the Receiver of Revenue Payment Register. This does not mean that the owner of the money cannot claim the money from the Guardian's Fund. However, 30 years after the money has become claimable, the money is forfeited to the State. Every September, the master advertises unclaimed amounts in the Government Gazette.
It also develops rules and court procedures to ensure a speedy, inexpensive civil justice system that is in harmony with the Constitution and technological developments, and is accessible to all South Africans.
Training is integral to the department's efforts to widen and improve citizens' access to justice. The Justice College is being transformed by reviewing governance structures, processes and systems, and revamping the curriculum to ensure that the college serves the training and development needs of all its stakeholders.
The transformed college will extend training to all professionals and officials of the department, including state attorneys, masters, family advocates, registrars, court managers and interpreters.
Training interpreters is also a departmental priority. The college continues presenting courses that focus on complex concepts and has launched management-training courses for senior interpreters to facilitate and develop their leadership skills.
The Family Advocate, assisted by family counsellors, reports to the court and makes recommendations. These serve the best interest of children in cases where there is litigation relating to children in divorce actions, or applications for the variation of existing divorce orders. The functions of the Family Advocate have been extended to include maintenance and domestic-violence matters.
Inquiries take place at the request of the court, one or both parties to the litigation, or at the initiative of the Family Advocate, in which case authorisation of the court must be obtained.
Family advocates operate in the provincial and local divisions of the High Court as well as in lower courts.
The Office of the Family Advocate provides support services for the family court pilot project. Most offices are involved in mediation training for a large contingent of social workers and other mental-health professionals.
The Children's Act, 2005 (Act 38 of 2005), provides for the extension of the role of the Family Advocate to areas such as mediation and the facilitation of family-group conferences.
The Legal Aid Board has completed the roll-out of a national infrastructure of four regional offices, 57 justice centres and 35 satellite offices. It employs more than 1 500 staff of whom more than 1 000 are legal professionals.
The board continues to provide legal assistance to the indigent, in accordance with the Constitution and other legislative requirements. This is carried out through a system of in-house outsourcing to private lawyers (a system of judicare) and cooperation partners.
The Legal Aid Board has increased the number of state-funded criminal and civil cases from 115 000 in 2001 to 340 244 in 2005.
In 2005, the board spent about R100 million of its R561-million budget on 42 000 cases that were referred to private legal practitioners.
The Public Protector investigates complaints from the public or on own its initiative against government at any level, its officials, persons performing public functions, corporations or companies where the State is involved, and statutory councils.
The Magistrates' Commission ensures that the appointment, promotion, transfer or discharge of, or disciplinary steps against judicial officers in the lower courts take place without favour or prejudice, and that the applicable laws and administrative directions in connection with such actions are applied uniformly and correctly.
The commission also attends to grievances, complaints and misconduct investigations against magistrates. It advises the Minister of Justice and Constitutional Development on matters such as the appointment of magistrates, promotions, salaries and legislation.
In terms of the Constitution, the President, in consultation with the JSC, appoints the Chief Justice and the Deputy Chief Justice, and the President and Deputy President of the Supreme Court of Appeal. Other judges are appointed by the President on the advice of the JSC.
The JSC was established in terms of section 178 of the Constitution to perform this function.
It also advises government on any matters relating to the judiciary or to the administration of justice.
The JSC shortlists suitable candidates and invites them for interviews. Professional bodies and members of the public are afforded the opportunity to comment before the interviews or to make representations concerning the candidates to the commission.
Education and Training Strategic Management and Support Services ensures that the operations of the commission comply with constitutional and legislative imperatives, guides the functioning of the commission to align with its strategic objectives and national priorities, and positions the commission favourably within the human-rights field regionally, nationally and internationally.
The commission plays a special role in the development of human rights in Africa through work with the relevant organs of the SADC, AU and the African Commission on Human and People's Rights. It is a member of the International Coordinating Committee of African National Human Rights Institutions and has been instrumental in setting up other national human-rights institutions in Africa.
Legal Services investigates individual and systemic human-rights violations and provides appropriate redress. Mediations, decisions, findings and opinions of the commission and litigation are used to secure redress for individuals and communities.
Public outreach activities within the commission focus on poverty-stricken communities in rural and peri-urban areas. The commission has developed the Omnibus Outreach Programme. This is a multifaceted tool for engaging with communities, encompassing a large range of educational interventions ranging from workshops, seminars, presentations, site visits and walkabouts to widespread campaigns, events and advocacy initiatives.
The NACHRET was established in April 2000. The centre provides a platform for debate on humanrights issues aimed at enhancing an understanding of these issues and practices. It also provides training and builds capacity both in South Africa and on the African continent regarding humanrights themes, challenges and issues.
Chapter Nine of the Constitution provides for the establishment of the CGE. Section 187 of the Constitution specifically grants the CGE powers to promote respect for, and to protect, develop and attain gender equality. The composition, functions and objectives of the CGE are outlined in the CGE Act, 1996 (Act 39 of 1996).
developing, conducting or managing information and education programmes to foster public understanding of matters pertaining to the promotion of gender equality and the role and activities of the commission monitoring and evaluating the policies and practices of state organs, statutory and public bodies, as well as the private sector, to promote gender equality investigating any gender-related complaints received or on its own initiative liaising with institutions, bodies or authorities with similar objectives conducting research to further the objectives of the CGE. Complaints are received from the public at large and dealt with either through personal consultations, telephonically or in writing, including electronically.
In cases where the complaint does not fall within the CGE's mandate, it may be referred to a relevant institution or forum.
During 2004/05, the CGE attended to 1 132 complaints.
By July 2006, work was continuing to preserve the TRC's material and research. An allocation of R5 million for victims who testified before the TRC and who requested educational support was transferred to the National Student Financial Aid Scheme.
In pursuing these objectives, the department has developed the White Paper on Corrections that embodies its long-term strategic policy and operational framework. These recognise corrections as a societal responsibility and put rehabilitation at the centre of all the department's activities.
Thirty-six CoEs were launched in all six correctional services regions. Where possible, such centres will be launched at all 241 correctional centres. The centres were prioritised for other interventions, including training in the new rehabilitation model Offender Rehabilitation Path. The CoEs, in which practical rehabilitation programmes have begun to yield fruitful results, are producing rehabilitated graduates and professionals in plumbing, carpentry, electrical engineering and teaching.
The national curriculum programme was expected to see the department implementing the National Curriculum Statement for Grade 10 in its CoEs in 2006/07, as part of its commitment to ensuring that education is a key tenet of rehabilitation. The Durban Westville correctional centre achieved a 100% matriculation pass rate in 2004 and 2005, producing inmates who are prospective teachers, communication specialists, public relations officers and artists.
By mid-2006, the department was registering all its youth centres as full-time schools to ensure the transformation of CoEs into rehabilitation centres of education, knowledge and information.
By mid-2006, the department was developing a new policy framework and restructuring the system to centralise the principled participation of various role-players, including family, communities, NGOs, faith-based organisations (FBOs), community-based organisations (CBOs) and the CJS.
This programme seeks to improve confidence in the system, to optimise stakeholder participation and to strengthen family relations, while improving the management of rehabilitation programmes outside correctional centres.
The new programme was expected to improve the implementation of diversion programmes, noncustodial sanctions for offenders who pose limited danger to society, and the role of society in preventing crime and in correcting offending behaviour.
The budget allocation for social reintegration increased by 9,15% (from R313,3 million in 2005) to R342 million in 2006.
87 correctional centres for both male and female offenders. Three correctional centres were closed down for renovations.
In centres where male, female and juvenile offenders are accommodated, female and juvenile offenders are housed in separate designated sections.
By 31 December 2005, South Africa's correctional centres collectively housed 160 213 inmates, while accommodation was available for only 114 354. This means that general overcrowding was in the region of 137,64%. Of the total population, 113 820 inmates were unsentenced.
The average cost of incarceration was estimated at R123,37 a day.
By June 2006, South African correctional centres accommodated an offender population of 158 032 people and were overpopulated by more than 50 000 people.
Government assigned the Department of Correctional Services to lead an intercluster task team to develop a comprehensive strategy for reducing overcrowding, for consideration by Cabinet during 2006/07. The strategy is expected to raise proposals regarding the location of the function, dedication of appropriate resources and programmes for effective management of inmates who, in terms of the Constitution, are considered innocent until proven guilty.
Regional and area commissioners countrywide were expected to identify alternative facilities for incarcerating awaiting-trial detainees (ATDs) in correctional centres in the interim to reduce overcrowding in police holding cells. The ATD population decreased from 52 313 in January 2005 to 46 393 in March 2006.
Managing the special remission of sentences reduced overcrowding in correctional centres between June and August 2005 by over 31 000 sentenced offenders, from 187 000 to just over 156 000, thus saving over R70 million in running costs.
Four new-generation prisons in Kimberley, Klerksdorp, Leeuwkop and Nigel are expected to be completed in 2007. Similar facilities are expected to be built in the Eastern Cape, Western Cape, KwaZulu-Natal and Limpopo. All eight prisons will have 3 000 beds each.
Construction of another four new-generation correctional centres in Paarl, East London, Port Shepstone and Polokwane, announced in 2006, was expected to start in 2008. By June 2006, the environmental-impact assessment, the feasibility study and the identification of public land for the Limpopo centre were under way.
One of the core objectives of the department is to ensure that every correctional centre has a secure environment with a correcting influence. This refers not only to the prevention of escapes from custody, but also to the creation and maintenance of an environment in which there is a significantly low prevalence or absence of inmate abuse, violence, corruption and negligence.
The department has put in place various measures aimed at combating escapes. These include the optimal utilisation of existing security aids and equipment, continued evaluation of security directives, upgrading personnel training, disciplinary action against negligent personnel, rewarding offenders who report or warn of planned escapes, and the installation of electronic fences and X-ray scanners in high-risk prisons.
Through the implementation of national and regional escape-prevention strategies, the department succeeded in reducing the number of escapes from 171 in 2004/05 to 120 in 2005.
The number of escapes decreased by 90,3% between 1996 and 2005.
The department is rolling out a biometric security system and state-of-the-art fencing with CCTV. By August 2006, the system had been launched in 62 of the targeted 66 correctional-service sites. The system includes a biometric fingerprinting system to manage inmate visitations.
Offenders are classified into minimum, medium or maximum custodial categories. Variables taken into account include the type of crime committed, the length of the sentence, and previous convictions. The safe-custody classification of all offenders is reviewed regularly, and if their behaviour, or any other aspect affecting their security risk, justifies it, reclassification takes place.
The nature of serious offences committed or allegedly committed by children under the age of 18 who were awaiting trial or sentenced is alarming. A breakdown of the nature of the crimes of those in custody on 31 March 2006 revealed that there were 745 economic-related offences, 1 184 aggressive offences and 308 sexual offences. A further 107 juveniles were detained for drugrelated and other offences.
Of the crimes committed by 36 929 sentenced youths between the ages of 18 and 25, 20 492 were aggressive, 9 434 economical, 8 606 sexual, and 3 245 drug-related and other types of offences.
The development and support of youth offenders form an essential part of their incarceration. The aim of rendering professional services (education, reskilling, learning a trade, moral and spiritual enlightenment, and personal development) is to rehabilitate youth offenders, contribute towards their behavioural change, and prepare them for reintegration into the community.
Mother-and-child units have been established in eight female correctional centres countrywide. By 31 March 2005, there were 173 infants under the age of five in correctional centres with their mothers. Policy on such infants clearly stipulates that mothers and children are kept in a separate unit within the correctional centre, where the surroundings and facilities are complementary to the sound physical, social and mental care, and development of children.
The right of the mother to have her child with her during admission promotes a positive relationship between mother and child. The policy emphasises that the mother should be taught good childcare practices to build her own self-esteem and selfconfidence, and for the benefit of the child.
The main objectives of the privilege system are to encourage offenders to display good behaviour, to engender a sense of responsibility in them, and to ensure their interest and co-operation in treatment programmes.
The policy and administrative framework for the maintenance of an adequate, affordable and comprehensive healthcare service is based on the principles of primary healthcare (PHC).
Source: Department of Correctional Services management of communicable diseases (including HIV, AIDS and sexually transmitted infections [STIs]) and referrals where necessary, through the acknowledgement of national and international norms and standards, within the limited available resources.
strict pursuance of ethical codes by health professionals regular health-quality inspections strict compliance with rules of confidentiality and privacy regarding the medical records of patients the continuous evaluation and upgrading of medical emergency services. The Department of Correctional Services provides a system in which offenders are treated in the same way as other patients in the State sector through PHC principles.
toilet and bathing amenities with warm water suitable clothing and comfortable shoes adequate bedding a clean and healthy environment safe water-supply the promotion of a smoke-free prison environment. The Minister of Correctional Services approved the department's HIV and AIDS Policy in October 2002. In 2006, the department conducted a health-needs assessment based on government priority areas, as well as a survey of HIV and AIDS prevalence among inmates and staff.
The department is implementing the Comprehensive Plan on Prevention and Care of HIV and AIDS of the Department of Health, which includes providing antiretroviral (ARV) therapy to offenders who qualify for this treatment by referring them to the nearest accredited public healthcare facility to start treatment.
The department is also collaborating with the Department of Health to assess identified correctional centres for accreditation as ARVtherapy providers.
The first correctional centre to be accredited by the Department of Health for providing ARV therapy was Grootvlei in the Free State. The Qalakabusha, Pietermaritzburg and Durban Westville centres were expected to be accredited next.
In 2005/06, the department facilitated 35 400 awareness sessions on HIV and AIDS and other health-related aspects.
Because of budgetary constraints, the department decided on phased implementation. The first phase has seen implementation at seven large management areas, which benefit about onethird of the inmate population. An added advantage is that on their release, trained offenders will be able to participate effectively in the catering arena.
Rehabilitation aims to provide treatment and development programmes to offenders in partnership with the community. This will enhance personal and social functioning, and will prepare them for reintegration into the community as productive, well-adapted and law-abiding citizens.
In 2006/07, Samuel Beckett's play Waiting for Godot was staged at Pollsmoor by a cast drawn from inmates, as part of the Arts in Prison Project run by the department in collaboration with the Department of Arts and Culture.
Institutional committees at each prison are responsible for ensuring a professional and coordinated approach towards the incarceration, treatment, training and development of all offenders.
Institutional committees have statutory decisionmaking competency regarding the safe custody of offenders, individual participation, subgroup and group programmes, as well as prompt rewarding of positive behaviour.
All offenders have a right to basic education and training. The aim is to enhance the education level and to improve the skills of offenders to facilitate their reintegration into society.
These training facilities are also available to members of the neighbouring communities to empower themselves. The Vukukhanye Youth Development Project in the Western Cape is a prime example where trainees from Paarl and Franschhoek graduated with technical skills in garment-making, cabinet-making, upholstery and other fields early in 2005.
By July 2006, there were 55 psychologists available in the department, which is the highest number ever. This gave 73,14% more people (up from 10 292 to 17 820) access to their services between 2004/05 and 2005/06.
Social Work Services aims to provide professional services to help offenders cope more effectively with problems relating to social functioning, and to prepare them for reintegration into the society.
Spiritual-care services are rendered through needsbased programmes within a multi-disciplinary context to persons who are in the care of the department. This is done in partnership with churches or FBOs and other role-players to rehabilitate offenders and reintegrate them into the community.
The Correctional Services Act, 1998 provides for the creation of independent regional correctional supervision and parole boards throughout the country, with greater powers to consider and approve which offenders, serving sentences exceeding 12 months, should be granted parole.
The Parole Review Board (PRB) was launched on 4 May 2006 to review decisions regarding the parole of sentenced inmates, signalling the department's intent to consider or review parole more holistically, by taking into account issues of fairness and objectivity as expected by citizens, and to ensure that there is recourse and alternative structure of appeal where rehabilitated offenders or members of the public representing offender interests can make representation on their parole.
The PRB does not replace correctional supervision and parole boards.
The PRB has to ensure that it can oversee the many parole matters that the 52 parole boards deal with, and handles parole applications from 240 correctional centres.
The PRB's work would be in vain if offender profiling and interventions regarding assessment and comprehensive rehabilitation programmes for offenders did not create conditions conducive to their rehabilitation, parole and social integration. Involving communities in this regard, as outlined in the White Paper on Corrections, is important in helping to break the cycle of crime.
The PRB will have to consider various issues in reviewing parole decisions, including existing programmes for offender rehabilitation based on risk-profile management output, sentence planning and needs-based interventions and professional treatment, where necessary.
As at 31 March 2006, there were 22 695 parolees.
The implementation of the Correctional Services Act, 1998 changed the department's policy concerning releasing offenders. The most significant changes included increasing the role of the community in decision-making and opportunities granted to victims of crime to express their views for consideration before a decision was made.
There are 52 correctional supervision boards countrywide tasked with deciding on the placement of offenders before the expiration of their sentences on either correctional supervision or parole. They are chaired by people appointed from the community where the board sits. Representatives from the Department of Justice and Constitutional Development, the SAPS and two additional community members serve on each board.
The PRB comprises members of the National Council on Correctional Services and is chaired by a Judge of the Supreme Court. Other members that serve on the board are a member of the NPA, two community members and a representative from the Department of Correctional Services.
Also significant to the new concept of parole placement is that the victim now has a say in the placement of the offender. A victim may ask to be present during the hearing or to make a presentation at the time when the offender is considered for parole.
The department aims to equip offenders with the skills required for effective reintegration into society after release. Offenders sentenced to longer than six months' imprisonment undergo a basic pre-release programme before release. Aspects receiving attention include how to secure employment, personal-finance management and street law.
Four corrections programmes have been developed and accredited, marking a real focus on root causes of crime in society, namely anger management, a sexual offenders programme, HIV and AIDS awareness and pre-release programmes. Participation in rehabilitation programmes will soon be compulsory.
The White Paper on Corrections is founded on the belief that the Department of Correctional Services should be an institution for rehabilitation, and that rehabilitation and social integration of offenders should be a responsibility of society. The department has entered into partnerships with NGOs, FBOs and CBOs in rendering reconciliation and moral renewal programmes for offenders and communities, so that rehabilitated offenders may be released into a receptive environment, thus ensuring that both offenders and their victims, or affected families and communities, achieve closure.
Engaging with the faith community aims to encourage them to play an important role in reintegrating offenders in society, by assisting with job creation, for example.
The department intends including the accreditation of skills-development institutions or facilities in line with the call for offenders to enjoy appropriate and effective training during their rehabilitation. The department intends launching intensive community-outreach programmes such as Operation Masibambisane, to create platforms and avenues of interaction with provincial government structures, local government councils, as well as civic and traditional structures to enhance community involvement in the rehabilitation and social integration of offenders.
Plans are being implemented to make community correction offices more accessible to the majority of offenders and the community, especially in rural areas. The final location and decentralisation of the offices was envisaged by the end of 2006/07. On 31 March 2005, there were 172 fully functional offices and 21 suboffices.
Volunteers from the community are encouraged to assist the department in monitoring parolees.
Based on their risk profile, parolees are placed in minimum, medium or maximum supervision categories. The conditions for parole may include periods of house-arrest, restriction to a specific magisterial district, compulsory attendance of treatment programmes and rendering compulsory community service.
According to section 117(e) of the Correctional Services Act, 1998, it is an offence for a probationer or parolee to abscond from the system of community corrections. If found guilty, they may receive an additional sentence of up to 10 years' imprisonment.
As at 31 March 2006, there were 14 184 probationers.
Because the department renders an essential service, its members are not allowed to embark on strike action.
The department's efforts at building an ethical and secure correctional system are ongoing. It launched a special three-month training programme in July 2006 for over 880 managers to equip them with the required skills to improve ethical behaviour and to fight corruption.
ethos in correctional services evolution of corruption and factors contributing to corruption understanding corruption and factors contributing to it understanding anti-corruption strategies risk management conflict, diversity and change management ethical reasoning and decision-making professional ethics for the Public Service. To combat fraud and corruption in correctional services, the department is collaborating with the SIU. The results of this partnership include: over 27 medical practitioners being investigated and 16 appearing in court, resulting in one conviction, a suicide case and over R300 million in recoveries and savings in medical aid claims of more than half a billion rand the approval of a new code of conduct that closed gaps in the disciplinary system that led to losses worth millions due to, among other things, the completion of cases being delayed and suspensions being prolonged the signing of an MoU with the South African Management Development Institute and the Tshwane University of Technology to close gaps in the department's integrated anti-corruption strategy analysing the final report of the Jali Commission to ensure that the entire report is handled without duplication of actions or omitting cases establishing a departmental task team to develop a plan of action in response to the recommendations of the Jali Commission the department's in-house anti-corruption campaign to create a secure and ethical correctional system.
The Department of Correctional Services has established relations with organisations such as the American Correctional Association, the IPCA and the International Corrections and Prisons Association (ICPA).
The department endorsed the Charter of Fundamental Rights for Prisoners at the 11th UN Congress on Crime Prevention and Criminal Justice in April 2005. It will continue to participate in multilateral fora such as the ICPA, the Conference of Commissioners for East and Southern Africa, and the UN.
In August 2006, the inaugural SADC Games of Prisons and Correctional Services Officials were held in Durban, KwaZulu-Natal.
Over 600 correctional officials from six SADC countries competed in soccer, netball, athletics and volleyball.
The games coincided with an extraordinary three-day Conference on Eastern, Southern and Central African Heads of Correctional Services (Cesca) and a one-day workshop of Cesca member states where an integrated strategy for HRD on corrections in Africa was discussed. The conference aimed to strengthen correctional services on the continent and to pave the way for the creation of an all-African correctional services body that will play a more critical role in postconflict reconstruction and development, in countries such as Somalia, Rwanda and the Democratic Republic of Congo.
About 100 commissioners and senior officials of correctional and prisons services from 13 countries, attended.
Commission on Gender Equality Department of Correctional Services Department of Justice and Constitutional Development Estimates of National Expenditure 2006, published by National Treasury South African Law Reform Commission www.dcs.gov.za www.financialmail.co.za www.gov.za www.idasa.org.za www.southafrica.
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Altbeker, A. The Dirty Work of Democracy: A Year on the Streets with the SAPS. Johannesburg: Jonathan Ball, 2005.
Andrews, P and Ellman, S. eds. The Post-Apartheid Constitution: Perspectives on South Africa's Basic Law. Johannesburg: Witwatersrand University Press, 2001.
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Bezuidenhout, C, and Joubert, S. eds. Child and Youth Misbehaviour in South Africa: A Holistic View. Pretoria: Van Schaik, 2003.
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<fn>GOV-ZA.2006En.2012-02-10.en.txt</fn>
The SA Chapter of the SADC Media awards has launched the 2006 Media Awards Competition which is open to all journalists who are South African nationals. The Award is in the fields of Print Journalism, Radio Journalism, Television Journalism and Photojournalism.
All works entering the competition should be in one of the SADC working languages, i.e.
Photojournalism : comprising published still and motion pictures with a caption or text; Print Journalism submissions should have a minimum of 1000 (one thousand) words and a maximum of 2000 (two thousand) words. Broadcast or televised materials should have a maximum duration of twenty minutes.
The Awards will include Print, Radio, Television and Photo journalism and each category carries a prize of US$2000.
The prizes will be paid directly to the winner.
Click here [PDF] 101 kb for entry forms.
The NAC shall not be responsible for any loss or damage to the work or material submitted.
<fn>GOV-ZA.2006No990adt20061013En.2012-02-10.en.txt</fn>
I, Brigette Sylvia Mabandla, MP, Minister for Justice and Constitutional Development, under section 92 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), hereby make the regulations in the Schedule.
In these regulations 'the Regulations means the Regulations published by Government Notice No. R. 187 of 15 February 2002, as amended by Government Notice No. R. 1244 of 22 September 2003.
charges any fee other than the fee prescribed in terms of these regulations, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.
Regulation 5 of the Regulations is hereby amended by the substitution for the expression "5.
"5. The Human Rights Commission and the head of an office referred to in regulation 4(1)(a)(i)(bb) -".
within six months after every date on which there is a substantial change in either the content or the implementation of the training courses or both.
<fn>GOV-ZA.2006Prj131MediaEn.2012-02-10.en.txt</fn>
The South African Law Reform Commission hereby releases its discussion paper 111 on trafficking in persons for general information and comment. The discussion paper sets out the Commission's preliminary recommendations for law reform regarding trafficking in persons.
The proposed Bill criminalises the act of trafficking in persons. In addition to this, the proposed Bill criminalises the following acts: debt bondage; the destruction, confiscation, possession and concealment of documents; using the services of victims of trafficking; and conduct facilitating trafficking in persons.
The proposed Bill lists several guiding principles which must be considered when deciding the question as to whether a person is a victim of trafficking. This will facilitate the identification of victims of trafficking. Apart from dealing with the trauma of being trafficked, victims of trafficking are faced with arrest and prosecution for offences committed as a direct result of their situation as victims of trafficking. In South Africa, victims of trafficking may be prosecuted for prostitution, even though they were forced into prostitution by their traffickers. Victims of trafficking may also be prosecuted for illegal entry in terms of the Immigration Act 13 of 2002. The proposed Bill therefore provides that the decision as to whether criminal proceedings should be instituted against a victim of trafficking for an offence committed as a direct result of his or her situation as a victim of trafficking should rest with the National Director of Public Prosecutions. Foreign victims of trafficking are provided with a non-renewable suspension of their deportation period. This will allow such victims to come to terms with what has happened to them and to make informed decisions as to whether they want to assist in the investigation of and the prosecution of their traffickers. The decision whether to grant such a period should rest with the Director-General of the Department of Home Affairs. If victims of trafficking decide to assist with the investigation of and prosecution of traffickers, they should be provided with a temporary residence permit. The Commission has taken cognisance of the fact that some victims of trafficking may never be able to return to their countries of origin or the countries from where they have been trafficked because they may be harmed, killed or trafficked again by their traffickers or the associates of their traffickers.
In terms of this option section 3 of the Refugees Act should be amended to provide that a person qualifies for refugee status if that person is a victim of trafficking and proves to the satisfaction of the Director-General of the Department of Home Affairs that he or she may be harmed, killed or trafficked again if returned to his or her country of origin or the country from where he or she has been trafficked. Such victims would be able to apply for a permanent residence permit in terms of section 27(d) of the Immigration Act which states that the Director-General of the Department of Home Affairs may issue a permanent residence permit to a foreigner of good and sound character who is a refugee referred to in section 27(c) of the Refugees Act. Section 27 (c) of the Refugees Act provides that a refugee is entitled to apply for an immigration permit after five years continuous residence in the country from the date on which he or she was granted asylum, if the Standing Committee certifies that he or she will remain a refugee indefinitely.
In terms of this option a victim of trafficking should be entitled to apply for a permanent residence permit in terms of the Immigration Act 13 of 2002, after five years continuous residence in the country from the date on which he or she was granted a temporary residence permit. This should, however, be on the condition that the victim of trafficking proves to the satisfaction of the Director-General of the Department of Home Affairs that he or she may be harmed, killed or trafficked again if returned to his or her country of origin or the country from where he or she has been trafficked.
Instead of providing victims of trafficking with some kind of permanent residency status, this option proposes that the Director-General of the Department of Home Affairs may, on humanitarian grounds, extend a temporary residence permit granted to a victim of trafficking. The Director-General's decision should further be guided by the likelihood that the person may be harmed, killed or trafficked again.
The Department of Social Development should have the responsibility to establish centres for adult victims of trafficking.
The Director-General of the Department of Social Development should accredit organisations to provide accommodation to adult victims of trafficking.
A centre for adult victims of trafficking or an accredited organisation as proposed above must offer a programme suited for the needs of victims of trafficking. Such a programme should be aimed at the provision of counselling and rehabilitation services to victims as well as the reintegration of victims into their families and communities. It is further important that the safety of adult victims of trafficking should be ensured if they are at risk of retaliation by their traffickers.
In respect of the provision of compensation to victims of trafficking, the proposed Bill provides that a court may, in addition to any punishment which it may impose in respect of any offence provided for in the Bill, order a person convicted of such offence to pay appropriate compensation to any victim of the offence.
Foreign victims of trafficking are often deported. This is because they are not identified as victims, but labelled as illegal immigrants. Furthermore, victims of trafficking are being returned to their countries of origin without an investigation into their circumstances in order to establish whether protective systems are in place in their countries so as to ensure that they are not returned to the same circumstances that made them vulnerable to being trafficked in the first instance. It is therefore proposed that the summary deportation of victims of trafficking be prohibited prior to an investigation being done into their circumstances. Victims of trafficking should therefore be repatriated in terms of a process that takes cognisance of their safety not only during the repatriation process, but also in the countries to which they are to be returned as well as the possibility that they might be harmed, killed or trafficked again. With regard to child victims of trafficking, due consideration should be given to the availability and suitability of care arrangements in the countries to which they are to be returned.
discourage the demand that fosters the exploitation of victims of trafficking, especially women and children.
Furthermore, the proposed public awareness programmes or other measures must include appropriate measures aimed at reaching rural communities and should be reviewed biennially in order to determine their effectiveness.
In an effort to consult all interested parties, the Commission will host a series of workshops during June 2006. The workshops are scheduled to be held as follows: 6 June (Pretoria), 13 June (Nelspruit), 20 June (Cape Town), 22 June (Eastern Cape), 27 June (Durban), 29 June (Bloemfontein).
392 9567 (contact person Ms L Stuurman).
The discussion paper is obtainable free of charge from the Commission upon request. (Contact person Mr J Kabini at (012) 392 9580). The discussion paper has been published on the Commission's website at http//www.doj.gov.za/salrc/index.
The Commission invites comments and suggestions on the discussion paper.
The South African Law Reform Commission was established by the South African Law Reform Commission Act 19 of 1973. It is an advisory body whose aim is the renewal and improvement of the law of South Africa on a continuous basis.
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Epainette Mbeki, for her exceptional contribution to the economic upliftment of the underprivileged communities in the Eastern Cape and her commitment to the fight against apartheid.
Pixley Seme (posthumous), for exceptional contribution to the struggle for a non-racial, just and democratic South Africa.
King Moshoeshoe of Lesotho and King Sobhuza of Swaziland (both posthumous) for exceptional contributions to the struggle against apartheid through supporting the liberation movement in times of need.
George Ellis for his excellent contribution in the field of science and putting South Africa on the world stage.
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The International Relations, Peace and Security Cluster briefing is still to be confirmed.
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The Minister of Finance Mr Trevor A Manuel, MP invites you to a media briefing about the launch of the first ever South African Community Survey.
The Community Survey is a large scale household survey [about 280 000 households] conducted by Statistics South Africa in an attempt to bridge the data gap between censuses. The survey will focus on employment/unemployment levels, the extent of poor households, access to facilities and services as well as demographic and socio-economic data. This survey is especially critical for government in its drive to improve service delivery.
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In October 2006 the South African Law Reform Commission released its Discussion Paper 112 on Project 25: Review of the Interpretation Act 33 of 1957, for general information and comment. The Discussion Paper sets out the Commission's preliminary proposals for law reform regarding the Interpretation Act, 1957. The closing date for comment on these proposals was 31 December 2006. In order to afford respondents more time to consider the Commission's preliminary proposals and to submit comment on them, it was decided to extend the closing date for comment until 28 February 2007.
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The Ministry of Finance invites all South Africans to send their tips to the Tips for Trevor campaign about what they would like to see included in the country's Budget.
The campaign is run throughout the year and the tips received assist the Minister in understanding public sentiment on government's macro-economic policies.
Finance Minister Trevor A Manuel, MP has received tips covering a wide range of issues with some offering technical advice, while others seek to engage the Minister in innovative and creative suggestions. Some of the tips have been included in the annual budget speech which will be tabled in Parliament on 21 February at 14:00 this year.
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The third quarter provincial budget statement of receipts and payments, published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 30 January 2007, covers spending for the first nine months of the 2006/07 financial year, which ended 31 December 2006 and is available on the treasury website www.treasury.gov.za.
The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury by 22 January 2007. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
The budgeted expenditure figures take account of revisions effected in the provincial adjustment budgets, which include R1,6 billion allocated to provinces for conditional grants in the 2006 Adjusted Estimates of National Expenditure and additional funding by provinces of almost R3,8 billion, which includes roll-overs from the previous financial year.
In aggregate, provinces have spent 69,9 per cent or R131,7 billion of their combined adjusted budgets of R188,4 billion for the nine months period ended 31 December 2006. This represents a spending increase year-on-year of 13,9 per cent or R16,0 billion higher than for the same period last year when provinces had spent R115,6 billion.
Education expenditure totalled R58,0 billion or 72,3 per cent of the R80,2 billion adjusted budget for education, and remains the largest item on provincial budgets (42,6 per cent). The spending pattern reflects a R5,1 billion or 9,5 per cent increase over the same period last year.
Health expenditure totalled R38,7 billion or 72,7 per cent of the R53,2 billion total adjusted budget for health and with the shifting of social security it becomes the second largest item after education on provincial budgets (28,3 per cent). The spending pattern reflects a 15,5 per cent or R5,2 billion increase compared with the same period in 2005/06.
Provincial social welfare services departments have spent 66,5 per cent or R3,5 billion of their adjusted budgets of R5,3 billion for the nine months ended 31 December 2006.
Total personnel expenditure in aggregate is at 73,5 per cent or R77,4 billion of the R105,3 billion personnel adjusted budget which includes the salary increases effected from 01 July 2006.
In aggregate, provinces spent 61,4 per cent or nearly R10,0 billion of their R16,3 billion combined capital adjusted budgets between the various sectors. This is a significant improvement of 34,7 per cent or R2,6 billion more than the R7,4 billion spent over the same period last year.
At R2,4 billion (of the R3,8 billion adjusted budget) or 61,4 per cent after nine months of the financial year, provincial education departments' spending on capital is in line with the total provincial capital spending average of 61,4 per cent.
Health provincial departments, year-on-year, significantly improved on spending on capital by spending 63,2 per cent or R3,2 billion against their R5,1 billion health capital adjusted budgets, which is 52,2 per cent or R1,1 billion more than the same period for 2005/06.
The highest share of provincial capital budgets is for public works, roads and transport departments at 34,0 per cent. The sector spent 62,7 per cent or R3,5 billion against its combined capital adjusted budgets of R5,5 billion.
Provincial own revenue collected thus far is at 79,5 per cent or R5,6 billion of the total own revenue adjusted budget of R7,0 billion. National government has transferred R114,6 billion of the equitable share and R20,2 billion in conditional grants to provinces, during the nine months of the 2006/07 financial year.
The adjusted budgeted figures for provinces are based on the 2006 Adjusted Estimates of Provincial Expenditure tabled in the various provincial legislatures during November and early December 2006. The information presented here is mostly restricted to financial information only. Work is under way to improve the availability and quality of the data in service delivery sectors of departments for reporting purposes.
Table 1 indicates that provinces have spent 69,9 per cent or R131,7 billion of adjusted budgeted expenditure after nine months of the current financial year. Spending to date is at a marginally lower level in percentage terms against spending over the same period in the 2005/06 financial year (70,6 per cent). However, in nominal terms, spending is 13,9 per cent or R16,0 billion higher than for the same period last year when provinces had spent R115,6 billion.
Between provinces, spending ranges from the lowest share of 66,5 per cent in Gauteng and 68,7 per cent in North West, to the highest at 74,2 per cent in Northern Cape and 73,1 per cent in Free State.
Social services adjusted budgets total R138,8 billion and comprise 73,7 per cent of the total R188,4 billion provincial adjusted budgets in 2006/07. The function shift changes the composition of provincial expenditure with the social services share to total provincial budgets now becoming 73,7 per cent in 2006/07, while non-social services rise to 26,3 per cent. Significantly, the proportion that goes to capital is now 8,6 per cent.
Table 2 indicates that provinces spent 72,2 per cent or R100,2 billion of the adjusted budget of R138,8 billion for the three social services (education, health and social welfare services). This is 12,2 per cent or R10,9 billion more than spending over the same period in 2005/06.
Education adjusted budgets of R80,2 billion comprise 42,6 per cent of total provincial adjusted budgets. Table 3 indicates that education expenditure is at 72,3 per cent or R58,0 billion of the total education adjusted budget, an increase of 9,5 per cent or R5,1 billion compared to the R53,0 billion spent over the same period in 2005/06.
Spending between provinces for education ranges from the lowest rate in Gauteng at 68,8 per cent, Mpumalanga and North West both at 71,5 per cent to the highest in KwaZulu-Natal at 75,2 per cent and Northern Cape at 75,1 per cent.
The bulk of education expenditure is on personnel (80,4 per cent), amounting to 74,1 per cent or R46,6 billion of the education personnel adjusted budgets of R62,9 billion.
Spending on personnel between provinces ranges from the lowest in Gauteng at 69,1 per cent and Mpumalanga at 72,6 per cent, to the highest in Eastern Cape at 76,9 per cent and Limpopo at 76,2 per cent.
Spending on goods and services (mostly learner support material) in education is recorded at 56,0 per cent or R5,1 billion of the R9,0 billion adjusted budget. It comprises 11,3 per cent of total provincial education adjusted budgets, which is 1,3 per cent more than the share in 2005/06. Spending on learner support material (textbooks, etc.) is expected to increase rapidly during January 2007 due to the commencing of the new school year.
Education capital expenditure is at 61,4 per cent or R2,4 billion of the R3,8 billion adjusted budget. This is significantly higher at 54,9 per cent or R834,7 million more than the R1,5 billion spent for the same period last year.
Spending on capital between provinces ranges from the lowest in Western Cape at 49,5 per cent and KwaZulu-Natal at 50,8 per cent to the highest in Free State at 76,6 per cent and Northern Cape at 73,6 per cent.
Education capital expenditure reflects wide fluctuations compared to the same period last year. Some provinces show very significant improvements while others reflect slow progress.
Health adjusted budgets totalling R53,2 billion comprise 28,3 per cent of total provincial adjusted budgets. Table 6 indicates that health expenditure is at 72,7 per cent or R38,7 billion of the total health adjusted budget, representing an increase of 15,5 per cent or R5,2 billion compared to spending after the first nine months of the 2005/06 financial year.
North West and Eastern Cape health have spent the lowest share of their adjusted budgets at 68,1 per cent and 69,1 per cent respectively. The highest spending rate is recorded in Northern Cape at 77,6 per cent and Gauteng at 76,3 per cent.
Table 7 indicates that health personnel expenditure is R21,2 billion or 73,6 per cent of the health personnel adjusted budget, an increase of R2,4 billion or 12,5 per cent compared to the R18,9 billion spent over the same period in 2005/06.
Spending on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure is recorded at 73,8 per cent or R14,3 billion of the R19,3 billion adjusted budget, an increase of 13,9 per cent or R1,7 billion compared to the R12,5 billion spent over the same period in 2005/06.
Capital expenditure in the health sector is at 63,2 per cent or R3,2 billion. This is significantly higher at 52,2 per cent or R1,1 billion more than the R2,1 billion spent for the same period last year (Table 8).
Between provinces, with a varying degree of spending, the lowest rate of spending is in North West at 54,4 per cent and KwaZulu-Natal at 59,3 per cent with Gauteng and Mpumalanga recording the highest rate of spending at 70,9 per cent and 67,9 per cent respectively.
Social welfare services adjusted budgets at R5,3 billion, comprise 2,8 per cent of total provincial adjusted budgets.
Provinces registered spending of 66,5 per cent or R3,5 billion of their R5,3 billion adjusted budget (Table 9).
R610,3 million above the R2,9 billion spent over the same period last year (excluding social assistance grants).
Between provinces, there are varying degrees of spending with the lowest being in North West at 55,7 per cent and KwaZulu-Natal at 62,2 per cent, while the highest being Eastern Cape at 72,4 per cent and Gauteng at 71,4 per cent.
Housing and local government adjusted budgets at R10,4 billion comprise 5,5 per cent of total provincial adjusted budgets.
Housing and local government spending as at 31 December 2006 is at 59,5 per cent or R6,2 billion of the R10,4 billion adjusted budget (Table 10). This represents an increase of 12,7 per cent or R696,8 million on the R5,5 billion spent over the same period last year.
Spending varies between provinces with the lowest being in Eastern Cape at 49,3 per cent and Free State at 52,3 per cent while the highest being Northern Cape at 74,6 per cent and North West at 68,9 per cent.
Most of the housing and local government expenditure is on the Integrated Housing and Human Settlement Development conditional grant (formally the housing subsidy grant). Table 11 indicates that provinces spent 61,2 per cent or R4,2 billion of their R6,8 billion housing conditional grant. Spending on housing is higher by 13,4 per cent or R493,8 million over the same period last year.
Personnel expenditure ("compensation of employees") is at 73,5 per cent or R77,4 billion of the R105,3 billion adjusted budget. Spending to date is 8,1 per cent or R5,8 billion higher than the R71,6 billion spent last year.
Mpumalanga at 71,6 per cent and Gauteng at 71,7 per cent recorded the lowest rate of personnel spending while Limpopo and Eastern Cape recorded the highest rates at 75,3 per cent and 74,9 per cent respectively.
By 31 December 2006, provinces have spent 61,4 per cent or nearly R10,0 billion of their R16,3 billion capital adjusted budgets ("payments for capital assets"). This is significantly higher (34,7 per cent or R2,6 billion) than the R7,4 billion spent over the same period last year.
Table 13 also provides capital spending information by province, which indicates low rates of spending in Western Cape at 58,3 per cent and KwaZulu-Natal at 59,1 per cent to the highest in Free State at 80,9 per cent and Northern Cape at 69,8 per cent. However, in absolute terms, KwaZulu-Natal has spent the most at R2,1 billion followed by Gauteng at R1,6 billion and Eastern Cape at R1,2 billion.
The biggest capital budgets in provinces are in public works, roads and transport departments at 34,0 per cent or R5,5 billion of the total provincial capital adjusted budget of R16,3 billion. Spending for these departments is at 62,7 per cent or R3,5 billion which is 11,1 per cent or R345,7 million more than the R3,1 billion spent last year over the same period.
Between provinces, the lowest rate of spending is recorded in Limpopo at 38,2 per cent and Gauteng at 51,4 per cent, whilst Free State and North West recorded the highest rates of spending at 99,3 per cent and 72,9 per cent respectively.
The total adjusted conditional grant allocation for all grants is R28,3 billion (including Schedule 4 grants and provincial roll-overs) with health making up the bulk at R10,6 billion.
Table 15 reflects spending as at 31 December 2006 on conditional grant allocations for all provinces. It excludes spending on general purpose conditional grants (Schedule 4 grants) like National Tertiary Services, Health Professions Training and Development, and the Provincial Infrastructure grants, as reporting against these grants cannot be separated from the provinces' health and capital budgets.
Spending on the Comprehensive Agricultural Support Programme grant (also Schedule 4) is subsumed in a range of programmes and therefore no separate reporting is required in terms of the Division of Revenue Act, 2006 (Act No. 2 of 2006).
National Treasury 4 118 119 865 379 66 951 5 050 449 3 586 501 1.
Against the total adjusted allocation of R16,4 billion, which excludes Schedule 4 grants, the rate of conditional grants spending amounts to 50,5 per cent or R8,3 billion.
Specific grants that show low rates of spending include Agricultural Disaster Management (23,8 per cent), Forensic Pathology Services (27,0 per cent), Land Care Programme (47,5 per cent) and Mass Sport and Recreation Participation Programme (51,3 per cent).
Spending on the Further Education and Training College Sector Recapitalisation grant is at 97,0 per cent or R456,0 million and reflects actual transfers from the provincial education departments to the FET colleges (Table 15).
Table 17 overleaf indicates the actual amounts transferred by provincial education departments to colleges and amounts spent by colleges, as provided by the national Department of Education. FET colleges expenditure is at 41,1 per cent or R187,4 million of the R456,0 million transferred from the provincial education departments.
Table 16 indicates selected conditional grant spending rates as at 31 December 2006. It further indicates that five or more provinces have spent less than 60 per cent of their grant budget after nine months for the following grants: Land Care Programme, Forensic Pathology Services and Integrated Housing and Human Settlement grant.
The table also indicates the number of provinces spending at slightly higher levels between 60 and 70 per cent and greater than 70 per cent of their conditional grant budgets.
Although the rate of spending is encouraging and reflects an improvement over previous financial years, overall spending still lies below average with the risk of possible underspending.
Percentages represent actual expenditure of adjusted budget as published in the Division or Revenue Act, 2006 (Act No.2 of 2006) and subsequent gazettes.
R thousand Division of Revenue Act, No.
Provincial revenue includes budgeted equitable share allocations of R150,8 billion, adjusted conditional grant allocations of R27,6 billion and adjusted own revenue allocations of R7,0 billion. The total provincial revenue (equitable share, conditional grants and provincial own revenue) to date is recorded at 75,8 per cent or R140,4 billion of total adjusted budgeted total revenue of R185,3 billion.
National government transferred 76,0 per cent or R114,6 billion of the equitable share, and 73,5 per cent or R20,2 billion in conditional grants, to provinces as at 31 December 2006 of the current financial year.
After nine months, provinces have collected 79,5 per cent or nearly R5,6 billion of the adjusted budgeted own revenue of R7,0 billion which is 7,7 per cent or R399,8 million more than what was collected for the nine months of the previous financial year.
The collection rate varies from 64,8 per cent in Northern Cape and 66,1 per cent in Limpopo, to a high of 86,1 per cent in Gauteng and 85,1 per cent in Mpumalanga. It appears at this stage that most provinces will exceed their collection of budgeted own revenue.
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The Prevailing Interest Rates are applicable from the first day of the month (1st February 2007) until the last day of the month (28th February 2007).
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Finance Minister, Trevor A Manuel, MP will meet with the G7 Ministers of Finance and Central Bank Governors, in Essen, Germany on 9 February 2007 to discuss, amongst others, Bond Markets in Emerging Economies and Trade. Minister Manuel was invited by the G7, together with finance ministers from Brazil, India, Russia, China and Mexico.
The G7 Finance Ministers and Central Bank Governors comprising Germany (the current chair), Italy, France, the United Kingdom, the United States of America, Canada and Japan meet regularly to discuss global financial and economic markets. The meeting will also discuss: Improving the stability of the global financial markets; Fiscal policy to promote energy efficiency and renewable energy; Good governance with respect to fiscal policy in Africa and IMF reform.
The Finance Ministers of India, Brazil, South Africa and China (IBSA-China) will convene a working session ahead of the G7 forum to discuss and consolidate a common approach on a range of economic and financial matters.
The G7 meeting coincides with the Opening of Parliament and the State of the Nation Address by President Thabo Mbeki on Friday 9 February. Minister Manuel regrets not being able to attend this important day on the South African calendar.
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Please be advised that Finance Minister Trevor A Manuel, MP will not be attending the G7 Finance Ministers and Central Bank Governors meeting in Germany as earlier advised. The National Treasury Director-General Mr Lesetja Kganyago will attend the gathering on his behalf.
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The Minister of Finance Trevor A Manuel, MP will be addressing the media tomorrow about the Discussion Paper on Social Security and Retirement Fund Reform. This paper is a broad proposal and will be used as a base for engagement with stakeholders.
Please note that the press conference will be start at 08:00 sharp, please ensure that you are punctual.
<fn>GOV-ZA.2007022301En.2012-02-10.en.txt</fn>
The National Treasury publishes the report of the task team appointed by the Minister of Finance to investigate possible reforms to the fiscal regime applicable to windfall profits in the liquid fuels sector, with particular reference to synthetic fuels.
The report was submitted to the Minister of Finance on 9 February 2007, it represents the view of the Task Team.
The task team explored both the regulatory environment and fiscal issues pertaining to the liquid fuels industry. The Minister of Finance has referred the regulatory matters to the Minister of Minerals and Energy for her further consideration.
The Minister of Finance will only respond to the fiscal recommendations of the task team. In this respect, the task team proposed, firstly, an additional tax on existing synthetic fuels producer volumes at a level commensurate with a permanent structural increase in oil commodity prices, and triggered at an appropriate threshold/trigger price. Preliminary indications are that this threshold should be between US$45 and US$55 per barrel of crude oil.
To cater for the volatility of oil prices, the task team also recommends that, unlike the previous tariff protection/subsidy system that imposed a fixed percentage on additional revenues (i.e. 25 per cent), a progressive sliding rate of taxation apply, according to a formula linked to the oil price.
Secondly, the task team recommends a progressive incentive regime for investments in new synthetic fuel and biofuel plants.
Tax credits at low petroleum product prices, and a tax at high prices, thereby constituting a combined protection and windfall mechanism. Initial indications are that these thresholds should be US$40 and US$65 respectively.
Both bioethanol and biodiesel to qualify for the lower general fuel levy.
The investment regime to apply irrespective of the type of fuel produced and technology used, to encourage more efficient and lower-cost options.
The Minister of Finance announced in his Budget Speech on 21 February 2007 that though Government is of the view that there is merit in both proposals, he will only make a final decision after consulting with the industry and considering comments from all stakeholders. A final decision will be made thereafter, preferably by 31 July 2007, although the proposals are only expected to take effect from 1 January 2008.
All stakeholders and interested parties are hereby invited to forward written comments to the National Treasury by 31 March 2007.
The report by the task team is available on the website of the National Treasury, www.treasury.gov.za. The period for comment on the report by the Task Team will close on 31 March 2007. Comments should be sent to Lebogang Makoloi at lebogang.makoloi@treasury.gov.za.
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The National Treasury would like to clarify the confusion on the relationship between the Minerals and Petroleum Royalty Bill and the report by a Task Team on Windfalls in the Liquid Fuels Industry.
Both the Bill and the Task Team report have been released for further comment by the public and the industry. Government will only finalise its response after completing such a consultative process. The report of the Task Team does make some recommendations on the Minerals and Petroleum Royalty Bill, though it was not part of their terms of reference.
We have as yet not responded to any of the recommendations.
The South African Government has a recognised track record in financial management. We are not about to jettison this reputation, so carefully constructed, and replace it with capricious policy announcements.
The remit of the task team was focused on the synthetic fuels industry. On this matter we have been scrupulous in our dealings with the producers of synthetic fuels.
Our extractors and producers are entitled to at least similar treatment.
There are no announcements on the recommendations of the task team on the horizon.
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As part of the programme to rollout the cross boundary transfer of personnel and assets between the Limpopo and Mpumalanga provinces, the Mpumalanga province instructed PERSAL on 13 April 2006 to programmatically transfer 2541 educators to the Limpopo province with effect from 01 July 2006.
PERSAL should have obtained an instruction from the Mpumalanga province to also transfer the tax on bonus provision programmatically, which did not happen.
Consequently, PERSAL proceeded with the transfer but excluded the transfer of the IRP5 accumulations based on the instruction received from the Mpumalanga Province not to include the tax accumulations. This led to the unfortunate situation where educators who opted to pay tax bonus provision being over taxed during the tax recalculation on the February 2007 salaries.
We have established that the officials' tax was deducted by the Mpumalanga province and such information was not transferred to the Limpopo province.
I have instructed my officials to correct the over recovery of tax and ensure that the affected educators are reimbursed by Friday, 02 March 2007.
We would like to extend our sincerest apologies to those educators and their families for the inconvenience caused.
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This will be an interactive session about the 2007 National and Provincial budgets and will highlight how policy options are exercised and funded; and might motivate the learners to study in the various economic disciplines. The learners will also receive an explanation about the budget process.
Learners will be given an opportunity to quiz the Minister and MEC on the 2007 budget.
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The Prevailing Interest Rates are applicable from the first day of the month (1st March 2007) until the last day of the month (31sr March 2007).
2-year Retail Bond: 8.50% 3-year Retail Bond: 8.75% 5-year Retail Bond: 8.
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Africa, with a GDP of just over $2 trillion1 in 2006, is regarded as the poorest region in the world. On a per capita basis, Africa's GDP based on purchasingpower-parity ranges from a low of US$ 645 in Malawi to a high of US$ 17 426 in Equatorial Guinea.2 This view is quite different to that held of the continent at the beginning of the 19th century.
1 Gross domestic product based on purchasing-power-parity (PPP) valuation. This compared to the World GDP ($65 trillion), US ($13 trillion), China ($10 trillion) and India ($4 trillion). Source: IMF WEO and CIA Fact book. 2 Gross domestic product based on purchasing-power-parity (PPP) per capita GDP (Unit: Current international dollar Units).
amounted to roughly one-third of that of Europe and recorded growth that was more rapid than in Asia. However, in the twenty years of the last century, GDP per capita on the African continent remained remarkably flat while most other emerging regions enjoyed substantial increases in prosperity and welfare.
Africa is, however, catching up. Economic growth has been sustained and is more rapid than in decades.
4.8 per cent, reaching 5.2 per cent in 2006. Macroeconomic policy reforms and outcomes in terms of stability underlie the improving performance. Lower and more stable inflation, manageable debt levels, sound fiscal policies and improved public financial management providing a firm foundation for this accelerating economic growth.
Strong commodity prices, in particular oil, have also supported growth in recent years and this combined with sound macroeconomic performance has provided a framework for resilient growth in most African countries.
While this trend is encouraging, it does not yet provide a sustainable platform for the reduction of poverty and inequality. Africa needs two to three decades of rapid growth to make a substantial dent in the level of poverty. Half of Africa is today regarded as poor, while in regions such as Asia, the number of people living in poverty has halved in the past three decades. Thus, a challenge on the continent is to sustain this rapid economic growth through further acceleration of investment in physical and human capital.
And central to that effort are three important areas of work. First, African governments need to continue to increase fiscal space for development via a range of reforms, prudent fiscal decisions and the development of government institutions affecting revenue collection and administration and effective government expenditure.
Second, the continent's capacity to trade must be enhanced through a pragmatic approach to regional economic integration.
And third, the efforts of recent decades to improve governance needs to be strengthened, accelerated, and made irrevocable, in large part be ensuring that we make major strides forward to improve global governance. As economic integration proceeds and deepens and the issues associated with globalisation reach further into our social, political, and economic lives, we need a system of global governance that is representative and effective.
Fiscal space is the room that governments build, through sound fiscal decisions, to respond to economic and social needs. Reducing debt service costs through lower debt releases resources that can be spent on social services. Improving the efficiency of the revenue authority provides additional income to invest in government spending on human and physical capital. Managing and mitigating risks on the spending side provides governments with the policy room to be able to respond to increased demand for public services or to adverse shocks.
African governments have done well to create fiscal space in recent years. In 2006, despite rising public expenditure, many African countries recorded surpluses or moderate deficits, reflecting improved domestic revenue collection and significant current grants. Debt relief efforts are helping and progress is being made to reduce the burden of interest costs.
Increased aid is also providing additional resources. However, the volatility and unpredictability of aid flows presents a significant obstacle to proper budgeting and quality spending. For example, aid to Africa began rising after the early 1970s, growing steadily from 16 per cent of global aid in 1974 to 28 per cent in 1992. Thereafter, the continent experienced a sharp downturn lasting until 2000, followed by a recovery in 2002 which surpassed earlier peaks.
In recent years, aid levels have been affected by geopolitical issues, and in particular the demands placed on donors to help sustain and redevelop Iraq, Afghanistan, and other countries experiencing conflict. According to the OECD Development Assistance Committee (DAC), despite a significant increase in overall aid during 2005, the share going to sub-Saharan Africa has declined from 35 per cent in 2003 to 30 per cent in 2005.
As an international community, we have developed a common language and set of understandings and agreements on raising the level of aid and how it will be used. Reciprocal commitments have been made covering donor and recipient behaviour. Because those agreements are so important, the difficulty currently being experienced in ensuring a fully-funded IDA is especially disconcerting.
For those reasons, and others, reliance on aid flows is risky and governments need to design and implement the institutional and other reforms required to develop other forms of revenue. They also need to ensure that the fiscal space created is sustainable and that expenditure that follows from it provides a human or capital return to support more rapid economic growth and/or higher productivity. Our multilateral institutions have tended to dissuade us from focusing too much on fiscal space issues, but I think it is critical to moving African economies and governments from a condition of dependence to one of independence.
Some of the increased revenue accruing to African countries arises from high commodity prices, and there will be structural and cyclical elements to it. Sound fiscal management suggests that once-off revenue be spent on items that provide a sustainable boost to economic development and well being. This implies that a substantial portion of the increased revenue should be spent on infrastructure and capacity so that development can continue when commodity prices abate.
3 Real total aid flows increased from US$72.4 billion in 2002 to US$104.8 billion in 2005. Only nominal data available for Iraq and Afghanistan, for which flows increased from US$1.4 billion in 2002 to US$24.4 billion in 2005. Real flows to sub-Saharan Africa increased from US$23.6 billion in 2002 to US$31.4 billion in 2005. Source: DAC Development Co-operation Report 2006.
Later this year, African policy makers will have an opportunity to engage Finance Ministers' and Central Bank Governors' Group of Twenty (G-20) countries on the issues of fiscal space and integrate the lessons and best practice coming out of these discussions into their fiscal management processes. South Africa will be hosting the 9th annual meeting of the G-20 Finance Ministers' and Central Bank Governors' in November.
Turning to increasing trade with the rest of the world, it is quite evident that multilateral trade reform and regional integration holds the promise of economic growth for both developed and developing countries. A strong external sector would help integrate African countries into the global economy and ensure that it is not left behind as the global marketplace expands.
Increased trade is beneficial to Africa in that it supports poverty alleviation and is able to create new employment opportunities on the continent. It promotes regional integration and helps expand intra-regional trade, while infusing new capital and technology into the continent. Finally, by promoting strength, stability and prosperity, trade enhances Africa's ability to contend with the problems of crime, drug trafficking, terrorism, corruption, HIV/AIDS and other infectious diseases and environmental degradation.
It is precisely for these reasons that the collapse of the Doha round, originally termed a 'development round', is a serious indictment on the intention of developed countries to increase market access to the developing world. Agricultural subsidies, phytosanitary rules and other non-tariff barriers remain significant obstacles to increased trade between Africa and the developed world. They distort markets and impoverish millions, thereby reducing the incentives for African countries to invest in improving their supply-side infrastructure. This is especially true for least developed countries, and is exactly why trade and aid must go hand-in-hand for these countries. Aid for trade needs to be addressed as a critical step in the Doha round.
LDC's require more than just lower tariffs and improved market-entry conditions to benefit from the global economy. Enhanced supply-side capacities are of utmost importance in enabling developing countries to strengthen their export performance. Thus, these countries often need financial resources to remove supply-side constraints through investments in trade infrastructure, technology, production capacity, human resources and institutions. At the UN World Summit in September 2005, our leaders pledged their support to increase aid for building the productive and trade capacities of developing countries. It is important that Africa derives maximum benefit from this initiative and that it results in an increase in the level of both inter- and intra-regional trade.
In spite of this disadvantage, African countries are breaking into certain niche markets in the developing world, and are benefiting greatly from the commodity riches they can export. Nonetheless, African economies face a challenge of attempting to diversify their exports within an environment where access to markets is concentrated in a limited number of products.
Much of the African economic policy renaissance has been home-grown - African societies choosing policies and policy reforms to improve economic outcomes. And that important step of setting out alternatives and making choices is an outcome in some important senses of the paucity of effective global governance of our international economic system.
A much stronger approach to African and regional economic integration would also help to improve the balance of trade with the rest of the world by creating new economic links between national economies and deepening those that currently exist. Economic diversification remains critical to long-term economic development and growth. It is difficult to underestimate the importance of such efforts, even though the short-term benefits of some of the policies that need to be adjusted to get there are not always obvious.
But a new and robust approach linking African efforts to free fiscal space to the need for cross-border infrastructure could use greater coordination. And it is especially important that the Bank's work on infrastructure and its financing in Africa be given fresh impetus and urgency. For Africa, economic integration depends on infrastructure development in a way the continent has never before witnessed.
A key concept in the international development debate and policy discourse has been that of good governance. Former UN Secretary-General Kofi Annan encapsulates the importance of good governance when he says "good governance and sustainable development are indivisiblewithout good governance - without the rule of law, predictable administration, legitimate power and responsive regulation - no amount of funding, no amount of charity will set us on the path to prosperity."
Improving Africa's governance environment has been an essential element of the New Partnership for Africa's Development (NEPAD) - an initiative by African leaders to place the continent on a path of sustainable development encompassing good political, economic and corporate governance and prosperity.
But governance at national and regional levels is only one part of the economic trajectory that developing and poor countries need to follow.
the roles and accountability of our multilateral institutions - must play a key role in achieving the economic and social outcomes associated with sustained economic growth and good policies. The public good qualities of these institutions must play themselves out and provide key benefits in different ways and at different levels.
4Economic Commission for Africa. 2005.
Ever more integrated economies need a global governance structure to help resolve disputes, identify common interests and help countries achieve mutually beneficial solutions. They may in some cases even provide direct public goods, and one of the more important of these it seems to me is high quality and dispassionate macroeconomic and microeconomic advice. I mean dispassionate not in the sense of not caring about the outcomes, but in the sense of being alive to the interplay of national interests, ideas and influence that can bias advice away from the best interests of the country's receiving advice. The Bank and Fund have come far, but we need to be mindful of the risks involved with applying templates across economies that are idiosyncratic and diverse. The repercussions of the approach taken in the past to structural adjustment still bear scars on the political consciousness of many African societies, and undermine the voices of our multilateral institutions.
How do we address these sorts of problems Let me suggest a few ideas?
First of all, we need to ensure good policy advice calibrated appropriately to our economies, our economic challenges, and our social and political norms. This is less straightforward than it sounds and critically important to get right. It also entails ensuring that the broad ideas and approaches that sometimes inspire us in international forums are set off against solid core programmes of policy analysis and advice.
One example of this is the Millennium Development Goals, which tend to dominate our thinking about development in recent years. Laudable certainly, useful definitely, comprehensive Perhaps not. The MDGs have swung our thinking too far away from the productive sides of our economy - it is important to keep a sense of perspective. For most developing countries, achieving the MDGs is as much about more rapid economic growth as it is about shifting around government spending?
Unlocking constraints to economic growth has to remain a central role of developing country governments. And for most of them, the activity is neither clear cut nor simple. What to do with land, the use of natural resources like water, and how these link to thornier problems around property rights remain key to the question of sustainable economic growth. Despite what we sometimes hear, the oldest profession on earth may in fact be agricultural economics.
Trying to address local economic problems, whether they centre on land reform, irrigation or how to develop a sustainable revenue base, require capacity building, knowledge and global systems for making sure that knowledge is available and usable. As part of the global governance system, the Bank and Fund will not be able to create positives out of a quest to rid the world of negatives, important as it is in its own right to tackle corruption. Capacity building, institution building, knowledge building have to be the core of our development equation.
Our multilaterals also need to think more broadly about their role in the provision of other types of public goods, in particular environmental ones. In coming decades, global and regional environmental issues will need clear economic and policy thinking backed up by institutions and regulatory frameworks capable of handling the intersection of national governments and economies, cross-border environmental concerns and frameworks for addressing externalities that are today in their infancy.
The solid growth seen in Africa at this time is greatly encouraging, but will only be sustained if states develop the capacity to use additional resources for the benefit of all. Investment in infrastructure and building solid economic and social institutions will affect our ability to turn the current commodity cycle into a sustained improvement in living standards for the broadest possible range of people.
We continue to make progress in building our institutions, improving governance, supporting macroeconomic stability and investing in long term development. In large part, these efforts are independent of the current economic trajectory, but it is also true that difficult policy reforms can sometimes have a better chance of succeeding when economic times are good. African governments should use revenue gains and improved fiscal positions to make clear progress on policies that hold back economic growth, especially those with vested interests or which relate to regional economic integration, and to build institutions.
But they need to be able to do these things within a system of global governance that supports these efforts, truly and free of cynicism. Bank and Fund intentions, policies and systems must place economic development and the interest of African and other peoples at the centre of their approach.
The role of the parliamentary network is critical to resolving many of the issues that I raised today. Global governance can only be effective when it is owned by those countries willingly participating in the governance arrangement. As parliaments, founded as representative institutions, you need to probe and inquire, hold our multilaterals to an ever higher standard of accountability and effectiveness. It is only in this way that the societies that you represent as parliaments will benefit fully from multilateral institutions that truly work in harmony with you to achieve our common human goals.
I trust that your review of the role of the Bank and Fund in Africa helps to generate further steps on the road to prosperity for all.
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Contacts: GAVI Alliance (Health and Immunisation Programmes): Jean-Pierre Le Calvez, Tel. +41 22 909 6520 World Bank (Treasury Manager): Rachel Winter Jones, Tel. +33 1 40 69 30 52 National Treasury, Republic of South Africa: Thoraya.
London, March 16, 2007 - The Republic of South Africa today joined the International Finance Facility for Immunisation (IFFIm),1 becoming its seventh government donor, along with France, Italy, Norway, Spain, Sweden and the UK.
"We are pleased to provide USD 20 million to IFFIm for immunisation and health projects in developing countries. We're very proud to be the first emerging market country donor to contribute towards this initiative and indeed this is an extension of our efforts to support development in other countries," said Lesetja Kganyago, Director General, National Treasury, Republic of South Africa.
"We very much appreciate South Africa's leadership, as an emerging market country, in becoming a sovereign donor to IFFIm," said Alan Gillespie, Chairman of IFFIm's Board.
South Africa will contribute $20 million, paying $1 million annually to IFFIm over 20 years.
One of the great strengths of IFFIm's funding is that it is, by design, predictable over the long-term. Assured long-term funding helps partner countries to move forward with long-term planning, strengthening immunisation programmes and the supporting health system infrastructure.
"South Africa's sponsorship is a vote of confidence in IFFIm's ability to provide predictable financing for immunisation and to strengthen health systems in developing countries," said Susan McAdams, World Bank manager in charge of treasury management services to IFFIm.
Over the next ten years, IFFIm, rated AAA/Aaa/AAA, plans to raise funds in the capital markets to finance an estimated total amount of up to US$ 4 billion in disbursements for immunisation and health programmes in 70 developing countries through the GAVI Alliance. IFFIm funds go to the purchase and distribution of vaccines as well as to meet the needs that countries identify as "bottlenecks" to getting immunisation to children. It is anticipated that IFFIm will support the immunisation of 500 million people, preventing 5 million child deaths and more than 5 million future adult deaths. IFFIm makes grant disbursements from its operating funds through GAVI Alliance programmes.
The GAVI Alliance is a private-public partnership accelerating delivery of life-saving immunisation to the world's poorest children. By the end of 2006, it was estimated that 2.3 million additional premature deaths had been prevented. The innovative structure of GAVI was designed to provide predictable, long-term development financing for immunisation quickly and efficiently.
1 International Finance Facility for Immunisation Company, 2 Lambs Passage, London EC1Y 8BB. Registered in England and Wales as a company limited by guarantee with number 5857343 and as a charity with number 1115413.
Page 2 and technical agencies, NGOs, the Bill & Melinda Gates Foundation, and The GAVI Fund - the resource and financing arm of GAVI.
The World Bank is Treasury Manager for IFFIm. It manages IFFIm's finances, develops IFFIm's funding strategy and its implementation in the capital markets, and handles rating agency and investor outreach, hedging transactions and investment management. The World Bank also coordinates with IFFIm's donors, managing their pledges and payments as well as IFFIm's disbursements for immunisation programmes.
In November 2006, IFFIm priced its first ever capital markets financing, a USD 1 billion 5-year benchmark bond. The issue was a landmark in the history of multilateral development financings and in the capital markets. By the end of 2007, GAVI expects to have disbursed almost US$840 million of frontloaded IFFIm proceeds to purchase vaccines and strengthen health systems in IFFIm-eligible countries.
More information about IFFIm is available at: www.iff-immunisation.
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Good evening ladies and gentlemen. Thank you for inviting me to address you today to discuss 'new growth paths' in South Africa. Allow me to begin by making two points about 'new growth paths.' The first is simply that our new paths have to be organic shoots growing out of our past. We can never fully escape the myriad of economic events, decisions, and systems that inform our history - they in many cases determine the structure of the economy that we have addressed over the past 12 years and with which we grapple today.
And my second point is that we must use ideas generated here and abroad to develop new paths that reach organically from our past into a future that is determined and shaped by our new democracy. So while the new must come from the old, the direction they take into our common future can and must be consciously influenced by us. I would like to speak with you tonight about some of those paths, where they are going and what I hope they mean for our future.
South Africa's growth path will be the manifestation of a series of underlying dynamics, including a more productive and lower cost set of network inputs to final production, a sustained and rapidly growing array of exports from a more diversified and competitive manufacturing and services industries, and a more proactive, efficient and capable state. Greater levels of employment, both in the short and long term, of a productive workforce needs to be a further critical support to our growth strategy.
Over the medium and long-term, key public infrastructure investments and the renewal of telecommunication and transport networks, and energy production systems will raise investment growth rates, pulling in higher levels of private sector and foreign direct investment, and raising productivity. More rapid economic growth facilitates rising saving and investment as the cost of capital falls. And more rapid growth helps to incentivise firms to finance the skills acquisition and development that is central to sustained increases in labour productivity, rising real wages, and declining poverty.
Over the past century, the South African economy has been perhaps the epitome of a mineral-rich economy, exporting its commodities - gold, platinum, diamonds, and coal - to the rest of the world. Agriculture, a variety of manufacturing industries, services, an expansive wholesale and retail distribution networks, and other facets of a more full economic life developed around that basic exporting system.
Apartheid, of course, set strict and ultimately politically untenable limits to the ambit of formal and/or modern economic life. A growing population was excluded from economic life in any meaningful sense, and this was the genesis of many of our skills constraints and labour market problems of today.
These, in turn, represent some of the largest obstacles to a more rapidly growing economy today.
The limits imposed by Apartheid on the accessibility of people to economic activity also resulted in a severely handicapped public sector, incapable of addressing the needs of the majority of South Africans, imbued with a staid bureaucratic culture and outlook, and reliant on outdated tools for implementing public policy. The regulatory and legal structures and industries that give effect to much of our corpus of law were similarly debilitated and simply not ready for the era of democracy and freedom to live an economic life.
By the early 1990s, the attempts of successive apartheid era governments to grow the economy in the face of rising political discontent, an inflexible economy and regulatory system, and the handicaps of minimal foreign trade and capital, had resulted in an inflationary spiral and falling investment.
The key reforms of the first few years of the new government included a series of micro and macro adjustments. The articulation of the Reconstruction and Development Programme helped to set a guide for the compositional shifts in government expenditure that continue through to today to align spending to South Africa's poor majority, even though the spending targets of the RDP were set aside in the initial years. In order to resolve our fiscal and monetary problems of those years, that was the right decision. Along the way, Government's goals and means of achieving them have been sharpened.
From 1996 to 2000, fiscal policy contributed to economic growth by lowering the financial cost of the budget deficit. This is sometimes referred to as a "growth-oriented fiscal contraction," and it seems to me this is an appropriate term. By reducing the level and cost of our public debt, we increased the amount we had available to spend on social policies and permanently lowered the future cost of debt. Since 1998/99, debt service costs as a percentage of GDP declined from 5.6 percent to 3.2 percent in 2006/07, and are expected to decline further to 2.5 percent in 2009. This represents a cumulative saving of about R33 billion which has been available for more productive expenditure.
Alongside the set of fiscal and macroeconomic adjustments made in the early years, the opening up of trade policy played a critical role in providing impetus to investment and growth in productivity. The series of liberalisations of the exchange control environment, beginning with the elimination of the financial rand, have contributed to a robust two-way flow of capital into and out of the economy, demonstrated that South Africa was prepared for longer-term direct investment, and strengthened the flow of knowledge of all sorts into the economy.
A central factor in the strengthening performance of the economy has also been the structural decline in inflation since 1994 and the stabilisation of interest rates. Trade policy and fiscal policy were important underlying contributors to lower inflation over the years. Monetary policy and its conduct was also critical, although as the economy became more exposed to international financial volatility the need to put in place a more appropriate monetary framework also grew.
The inflation targeting framework developed between the National Treasury and the Reserve Bank in 1999 and announced in 2000, provided a more transparent policy with a clearer ordering of policy priorities and greater degrees of freedom to achieve them. A key element of the shift was that the exchange rate would be allowed to float - to adjust to external economic shocks and in doing so to create more stability for domestic interest rates and economic growth.
We live in an economy today that has undergone profound transformation. In real terms, the economy is about 40 per cent larger than it was in 1993. Growth averaged on annual basis 5 per cent during the past three years (2004-2006), up from 3 per cent in the preceding decade (1994-2003) and a mere 1 per cent in the decade 1984-93. The economy is expected to grow by 5,4 per cent by 2009 and average 5,1 per cent in the next three years (20072009).
Shortly after the publication of the 2007 Budget, the latest release from Statistics South Africa reported real GDP growth of 5 per cent in calendar year 2006. The final quarter of 2006 was also the 33rd consecutive quarter of growth - the longest economic expansion since 1945. The present economic expansion has its roots in both responsible macroeconomic and fiscal policies and favourable global conditions. Strong employment growth, rising real wages (underpinned by substantial increases in labour productivity) coupled with substantial tax relief and significant increases in social grants in recent years have further increased disposable household income and hence household consumption.
Our investment performance has been especially robust. Real gross fixed capital formation grew by an annual average of 9,4 per cent between 2003 and 2005, rising to about 12 per cent in 2006. Private investment (over 12% in 2006) has been responding to strong domestic demand, reflecting the positive outlook for economic growth and high business confidence.
Construction is currently the strongest-growing sector at an annual average rate of 12,1 per cent over the past three years (2004-2006), compared to only 2,8 per cent in the preceding decade (1994-2003).
The global economy has remained supportive of our growth performance, in response to exceptional growth in China and India, healthy growth in G7 countries and high commodity prices. The commodity price rally has entered its sixth year.
1 Investment in manufacturing grew by about 12 per cent between 2004 and the first nine months of 2006, reflecting high rates of capacity utilisation and the need to expand productive capacity.
and coal rose by more than 150 per cent. These price increases have helped to boost the value of South Africa's exports in recent years.
But a greater expansion in the volume and value of exports and export-related employment is needed to lift and sustain the economy's growth rate beyond 6 per cent a year. I will return to this point later.
Our current account deficit has risen to levels close to 6 per cent of GDP last year, and we expect the deficit to continue running at between five and six per cent over the medium term. This is a sign of robust economic growth and other economies are similarly taking advantage of strong exchange rates to increase imported capital goods for domestic investment and capacity expansion.
The 2006 and 2007 budgets - which transitioned from targeting 3% deficits to 1% to a balanced position - were predicated on our understanding of current macroeconomic dynamics and the need to be mindful of the global economy. So, while some observers have argued that our revenue overruns and low budget deficits have created much leeway for government to accelerate spending and slash taxes, we have tended to take a more prudent approach. The fiscal stance reflects the importance of raising government saving as our economy grows rapidly. This indirectly helps to moderate the current account deficit and keep the economy competitive overall.3 It also ensures that when commodity prices start to fall and the value of our exports weakens, we have the fiscal space available to offset a softer economy with fiscal spending.
The fiscal position also helps to lower interest costs and maintain the investment spending by the private sector and public corporations that is so critical to the long-term strengthening of our potential and realised economic growth rates.
2 In the first nine months of 2006, the volume of exports rose 2,2 per cent compared to the same period in 2005 and by an average of 3,9 per cent between 2000 and 2005.
3 South African FDI amounted to net outflows of 0,1 per cent of GDP during the period from 2004 to the first nine months of 2006 as South African companies raised their acquisition of foreign assets. On the other hand, net foreign portfolio (equity and bond) inflows stood at a healthy 4,1 per cent of GDP in the same period and more than tripled from 2005 to the first nine months of 2006.
self-reinforcing, as stronger growth rates from lower costs of capital in turn push up corporate earnings and government revenue.
Real growth in non-interest government expenditure averaged 9,2 per cent over the past three years. Government will reinforce the fiscal contribution to economic expansion and more balanced growth as real average growth in non-interest expenditure of 7,7 per cent a year is projected over the next three years and growth in capital expenditure increases relative to current expenditure.
Our efforts to stabilise the macroeconomic environment created a durable platform for the microeconomic reforms also required to further lift South Africa's economic growth rates. A central theme of the growth story is the reinvestment in our network industries to raise their productivity and lower their costs as inputs to final production. Key public infrastructure investments and the renewal of telecommunication and transport networks, and energy production systems will raise investment growth rates, pulling in higher levels of private sector and foreign direct investment, and raising productivity.
Another theme of the growth story is to foster rapid growth in a wide range of exports from a more diversified and competitive manufacturing and services industries. These economic aims need to be achieved by a more proactive, efficient and capable state that cooperates with the private sector to raise production and investment.
A critical input to the growth story must also be much higher levels of employment and a skilled and productive workforce.
4 For the fiscal year ending in March 2007, our revised estimate for revenue is R29 billion higher than the original budget. Company tax and Value Added Tax receipts have exceeded expectations due to higher profits and strong domestic consumption. The revenue estimate of R545 billion or 28 per cent of GDP. Revenue as a share of GDP is expected to decline to about 27 per cent of GDP by 2009/10.
growth and the need to break through the constraints of capacity will incentivise greater corporate interest in skills development, easing the financing of that process, and leading in the longer run to rising labour productivity, real wages and household living standards. The feedback of that link through to further human capital development is fundamental to our longrun economic future.
As our economic expansion picks up pace, rising income of firms, households and government helps to lower the cost of capital by increasing saving and investment.
South Africa's future growth path is being determined by the series of choices made about the allocation of government spending to create and improve the human and physical capital of the country. It is also being shaped by the ways in which the state regulates and sets the pattern of incentives facing the private sector to invest, produce, employ, and take risks. Both domestic and international policies matter greatly here, including for instance the regulatory structure of the telecommunications sector and its impact on pricing, or the extent to which trade and industrial policy induces firms to sustainably invest and export.
The improved policy frameworks and greater spending on health, education and other social services, alongside the ongoing renewal of economic infrastructure and step up in financing for research and development and higher education, will strengthen economic growth by lowering supply prices and supporting innovation across the economy. Government has placed a special emphasis on improving the regulation of network industries, such as telecommunications and transport, in order to make them efficient providers of key economic services. 5 5 The 2007 Budget allocates R95 million to the South African Research Network to look at establishing cost-effective broadband access to global research networks, thus stimulating innovation and the citing of ICT companies in South Africa. Special attention is given to biotechnology and space technologies.
The development of human capital is a central responsibility of the public sector, and a key ingredient to South Africa's current and future prosperity. South Africa spends about 5.6 per cent of its GDP on education overall, considerably higher than in most other middle income economies. Trying to alleviate skills shortages in education and other parts of the social sector has been an important area of focus that is further supported in the 2007 Budget by an allocation of R700 million for the Department of Education to implement a bursary scheme for prospective educators.
Longer-term research and development, knowledge creation and innovation will play an increasingly important role in growth. Considerably stepped up funding for higher education in the last two budgets has been achieved. The 2007 Budget allocates an additional R1,2 billion for an integrated approach to human resource development, knowledge generation, investment in infrastructure and improvements to the strategic management of the public science and technology system. More broadly, government continues to emphasize the importance of skills acquisition and development of the labour force to lower the supply cost of workers, improve productivity and increase employment prospects.
Over the medium-term, key public infrastructure investments and policy reforms will raise investment growth rates, pulling in higher levels of private sector and foreign direct investment, and raising productivity. The efficiency of the state at national, provincial and local levels plays an important role in strengthening those outcomes.
Government has concentrated in recent years on improving the capacity of government at all levels to develop, plan and finance, and roll out infrastructure spending. The partnership called the infrastructure delivery improvement programme (IDIP) was established to address underspending of provincial capital infrastructure budgets and target poor planning, lack of delivery, management systems and the general lack of skills. IDIP initially focused on the education sector, and will be expanded to provincial health, public works and transport departments.
The Siyenza Manje programme will use R600 million from the DBSA and R741,2 million allocated from government to develop skills in engineering, planning and financial management within municipalities.6 The new neighbourhood development partnership grant fund provides financial assistance to municipalities for partnership-based community and commercial infrastructure in townships and informal settlements.
These sorts of creative policy initiatives will help to improve the use of public resources in the development of public space and public infrastructure at the level of single communities as well as larger municipal and provincial projects.
The scale of government's public infrastructure spending is also an important aspect of the growth story. Because in addition to the many small and local projects being funded, there are also a set of quite large projects that will incentivise even greater investment spending by the private sector. Government plans to boost investment in infrastructure by R416 billion over the medium term, as projected in the latest Budget. This infrastructure programme is a fundamental part of the modernising impetus and will contribute to a steady increase in the gross fixed capital formation ratio.
The infrastructure programme include investment in electricity generation and electrification, roads, commuter rail, housing, bulk infrastructure, research and development, water and sanitation, hospitals and clinics, as well as stadium upgrading and construction and improving public transport networks in preparation for the 2010 FIFA World Cup.
The 2010 World Cup stadiums, for instance, will need extensive redevelopment of urban areas around the stadiums and new transport hubs to service them. The ripple effects of further investments by private sector agents will be felt throughout the relevant municipalities and their communities. The same is true for the development of the Gautrain in Gauteng and the King Shaka airport outside of Durban.
6 A total of 144 professionals and 30 interns will be deployed in municipalities as part of this initiative.
7 To date, technical assistance totalling R50 million has been allocated for redesigning and upgrading of existing and emerging township town centres and main streets.
Another area of extensive investment is the redevelopment and renewal of sectors covered by our public corporations. In the next ten years or so, roughly speaking, South Africa will in effect recreate its rail and road transport network, develop a new telecommunications backbone and link to the rest of the world, and build a new energy production and distribution system.
These developments will drive down the cost of providing the relevant inputs, increase productivity of users of those inputs, and directly strengthen South Africa's potential rate of economic growth. Investment by our public corporations, like our major government infrastructure projects, draws in private sector investment and innovation, and will strengthen overall investment in the economy. The strong private and public investment rates of recent years have begun to reflect those public-private interactions.
Cement, steel, electricity and fuel producers, in particular, are currently operating at or near full capacity. Significant capacity expansion is expected over the next three years in response to rapidly growing demand.
Economic growth over the medium and long-term will also increasingly reflect a better export performance on the back of more competitive manufacturing and services industries, a point made in the past year by government's international panel of economists and specialists.
South Africa initiated an ambitious set of tariff and trade policy reforms in the mid-1990s, including substantial multilateral liberalisation through the World Trade Organisation which moved tariff levels towards the international norm. The number of tariff lines has almost halved from 1990-2004, and about 80 per cent of all tariffs are now duty-free. Other trade policy reforms included the elimination of quotas and most import surcharges; the replacement of most tariffs with ad valorem duties; and new agreements with the EU and SADC.
8 The international panel is composed of individuals from Harvard University, the University of London, the Massachusetts Institute of Technology, the London School of Economics, and the University of Michigan.
At the same time, however, South Africa's export performance has been erratic over the past ten to fifteen years. Total merchandise exports have fallen from 0,7 to 0,5 per cent as a share of global exports between 1994 and 2004. Although total export volume growth increased to an annual average of 3,9 per cent between 1990 and 2005 from only 1,2 per cent growth in the preceding two decades, this growth was much lower than the average annual growth in world trade of about 6 per cent.
The major step toward a less protective trade regime had large immediate and longer-term benefits. Greater competition via higher levels of import penetration has spurred domestic investment, productivity and higher value added in a range of industries. Partly as a result, export orientation has also increased strongly.
Despite the improvement in manufacturing and services exports, trade policy should be set to enable a sustained improvement and expansion in South Africa's export performance. In particular, the work of the international panel indicates that exports, particularly of manufactured goods, are still constrained by high prices for intermediate inputs and capital goods.
The competitiveness of our exports will be improved in the long term through continued reforms to the regulatory structure of our economy and key policies like trade, improvements to infrastructure and networks, and sustained investment and productivity growth. These sorts of policy reforms are important to influencing private sector behaviour towards greater investment, innovation and employment. And in particular, towards promoting the sustained increases in labour productivity that are needed to allow consistently rising real wages, household incomes and living standards.
9 Manufacturing exports increased by an annual average 6,7 per cent between 1990 and 2005, up from 2,9 per cent in the preceding two decades. The export performance of services was even more impressive as export volume growth rose from only 0,4 per cent during 1970-90 to 7,8 per cent during 1990-2005.
including barriers to entry. Over the longer term, a well conceived and implemented industrial policy will stimulate stronger growth and job creation through encouraging businesses to use more labour, inducing continuous growth in productivity and ensuring that new ideas translate into new opportunities.
Industrial policy interventions should provide additional support for new activities and remove regulatory or infrastructure-related obstacles to existing activities. It should also target productivity-enhancing activities instead of individual firms or sectors, and maximise public accountability and transparency, which will help to ensure positive net economic benefits and provide clear mechanisms for discontinuing programmes that do not work.
Industrial policy will be most effective if it is being complemented by a broad range of other policies, including tax and fiscal policy, regulation and pricesetting for network industries, competition and trade policy. Government is working on filling in the details of a more proactive approach to industrial policy this year.
I have presented to you this evening with some of the features of our structural economic legacies. The macroeconomic and microeconomic responses to that legacy have been profound. We have created a more open and accessible economy at the same time as we have modernised our regulatory structures. In our common future lies an economy in which key reforms of the past 12 years reach their fruition and the key reforms of the present and future find traction and deliver a competitive, modern, diversified economy.
A number of the current and future reforms have already taken shape. We know that in our future lies a more comprehensive social security system that provides appropriate levels of income at retirement and short-term adjustment assistance to the economically vulnerable. This complements our approach to skills development, which emphasises the need to take advantage of economic opportunity and to broaden access to the economy.
We also know that our industries and our exports must be competitive and far more diversified. A range of policies, many of which are already underway such as infrastructure development and modernisation of our network industries, have benefited from a more precise articulation of reform and outcomes and will help to increase the potential growth rate of the economy.
The redevelopment of the energy, transport, road, and telecommunications systems will do the same, and also help to boost our investment rates closer to the 25 percent needed for a sustained economic growth rate considerably higher than at present. Trade and industrial policy are also important to our long-term growth prospects, because they help to build a confident, competitive set of industries that can compete on the world stage.
Getting the microeconomics of these policies right is fundamental to much more rapid growth in industrial investment and the resolution of a significant part of our employment problem. Our growth story has to include labour force participation rates much higher than at present, with steady growth in jobs to enable our youth to look forward to an 'economic life,' and with wage rates that reflect a modern and productive economy. A greater proportion of investment spending in the economy and stronger labour force participation will directly help to raise the current economic growth rate in coming years.
Allow me to conclude by noting that our growth story depends on the pragmatic and necessary marriage of a development-oriented and active use of state resources in the service of a long-term public good aligned to the enthusiasm, creativity and investment of our private sector. It is this publicprivate cooperation that we see reflected in our approach to policy design and reform, that lies behind our current robust economic growth, and which will support and sustain our growth story in coming years.
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I want to express my sincerest appreciation to both the Community Law Centre and the Omar family for honouring me with the privilege to present this lecture in memory of so great an individual.
Tomorrow we will celebrate Human Rights Day - the fact of this holiday is an enormous tribute to the life's work of Comrade Dullah, whose commitment to the cause of human rights truly set him apart. It is also worth reminding ourselves that just a fortnight ago Ghana celebrated the fiftieth anniversary of her freedom. This fact too was an important part of Comrade Dullah's being since he lived all of his adult life as a committed African and pan-Africanist.
Let me confess that the Community Law Centre and I have you here under false pretences - the topic I am expected to speak on is "Budgeting for Human Rights." I am aware, though, that all of you are familiar with the Budget - whether through the eyes of Human Rights activists, economists or just ordinary citizens whose lives are touched by the manner in which government exercises choices in respect of the Budget. You will also know that in the context of our Constitution and the Bill of Rights, the direction of the choices we make are in line with the 'rising floor' principle as set out in the Bill of Rights. And you will know that the Constitutional Court has on occasion been obliged to reflect on these matters and, with one exception, raised concerns but declared that the court is not the fiscal authority. So let me save the topic 'Budgeting for Human Rights' for some other time.
On the eve of this anniversary of Human Rights Day, I want to share with you a few observations on human rights in the context of "continuity and change". In particular, we must question whether the very notions of "continuity" and "change" do not exist in contradiction to each other. Before 1994, the definitions appeared to be rather simple - "they" were the oppressive regime and "we" the human rights activists- the battle was contested on every possible terrain, from the barricades, to the pulpits, the courts, the factory floor, the sports field, through the armed struggle and on every available international platform, and we won. "We" were distinguished by the fact that we held the moral high ground and "they" were just simply bad. Definitions were easy and the entire world quite uncomplicated.
Then we negotiated an advantageous outcome, crafted a wonderful Constitution, won an election and became the government. Definitions, roles and tasks have been exceedingly complex since. So, how do we manage continuity and change together What part of what we are and do is alterable, as against those elements that must remain constant?
Similar questions have arisen in the context of the African National Congress. In preparation for the National General Council held in Port Elizabeth in July 2000, We were challenged in a paper entitled "ANC - People's Movement and Agent for Change" to consider the issues of modernising , an organisation then in its eighty-eighth year.
Examine the challenge of modernisation of the ANC both as a concept and in its practical application, in a manner that sustains and deepens the revolutionary character of the movement.
The questions thrown up by our presence in government should also feature in this: mastery of work in legislatures as part of instruments of transformation, oversight of government implementation of policies, mass mobilization and accountability. In this context the issue of the ANC's role in "delivery" also arises.
On the part of progressive mass formations and the motive forces of the National Democratic Revolution, challenges that need to be addressed include: how to use the state creatively to pursue sectoral and general interests; networking among revolutionaries at all levels; lobbying; relations with progressive business people and the attendant problem of corruption that may arise.
Perhaps the most fascinating aspect of this abstract is that it could not have been contemplated in an earlier period, whether in the ANC of Pixley ka Seme; of the 1949 Programme of Action; of the Morogoro or Kabwe Conferences of 1969 and 1985 respectively, or perhaps even in the RDP document produced shortly ahead of the 1994 elections. The ANC, so strong in its own traditions that have developed over the past ninety five years has to pause to consider the issues of modernisation - the questions of oversight of itself and the risks that own activists are confronted with are part of that. If the ANC becomes dependent only on its traditions, it will die and turn into stone. It has to continuously ask its members tough questions.
If these are the challenges of the present to the movement, what then of the challenges of rights, and let me add, our obligations How do these fit in when there is no easy fallback to an "us" and "them" Should any part of the rights and obligations be altered or modernised?
There is an exceedingly important and humbling challenge that we have to respond to in recognising that very little of what we do is permanent. History will demonstrate that the economic growth and the concomitant opportunities it generates are unlikely to be a constant feature. Similarly, the electorate has been kind to the organisation that brought it freedom by re-electing us at each general election with a larger majority - whilst this fact may be unprecedented in world history, it is not a right to which we lay historical claim, but it has to be earned and re-earned. Well, what of the rights that we describe as realising on a rising floor - the expectation that the floor will rise continuously in all dimensions is unrealistic. So, which parts can we, in good conscience, modernise How do we manage continuity and change in the context of rights And, who determines this?
We are not discussing rights in the abstract, of course.
What do we say to the father of a young Annastacia Wiese murdered in her mother's house in Mitchells Plain - where the man charged with the crime, and the denial of the rights of the child, happens to be not the state, but rather a close friend of the family?
How do we respond to the residents of Happy Valley near Kuils River who demand housing but receive starter kits for informal dwellings from the municipality which explains that it cannot keep abreast of the demand for housing. Indeed, how do we respond in the context of the Grootboom judgment that dealt precisely with the issue of rights to emergency housing?
What exactly do we say to the widows and orphans whose right to dignity and a sustainable livelihood has been taken away from them by the rapacious greed at Fidentia Holdings that has seen their trust monies consumed?
Or how do we respond to young people who demand the dignity that accompanies the right to work, when the economy may not generate sufficient jobs for the particular skills which they may have, or not have - as the case may be?
And, how do we deal with the rights of the millions of refugees who arrive in South Africa from all over the world, to share in the gains of democracy And how do we evaluate these rights against those of South Africans who do not yet enjoy these rights in equal measure?
What parts of our rights are adaptable What parts are enforceable Is there a way of reinstating those rights taken by individuals, especially those who enjoyed the trust of victims To what extent should we rely only on the courts What values afford us a compass by which to steer?
The issue of human rights is an essential part of defining the foundation on which this constitutional state is based. Our Constitution, and especially our Bill of Rights, have become the subject of detailed research and represent a model used by human rights activists around the world. We have so much to be proud of. We have many judges who are the product of that same struggle for human rights and whose judgments are a manifestation of this fact. We should never take any part of the formality of our rights for granted.
But, against the backdrop of this impressive architecture for human rights, we should pause to consider what remains undone, and, more importantly, how we can bring life and strength to this unique feature of our democracy.
The ANC remains committed to its legacy, a lasting legacy to be celebrated, but also an enduring trust to be honoured in the present. By definition, a tradition is handed down from the past. But a tradition, if it is a living tradition, is not only handed down from the past but also taken up in the present.
This is a response to the challenge of continuity and change.
As I said earlier, before 1994 the definitions were relatively easy and the task at hand not as complex as the present responsibilities. Now, we have to build a single, caring nation, one in which the values that drove us so fervently over many decades are required to be measurable in evidence. As Kader Asmal said, "a living tradition is not only handed down from the past but also taken up in the present."
The challenge is therefore to build a human rights culture, to give life to the formal structures. Culture is complex - it is the cumulative deposit of knowledge, experience, beliefs, values, attitudes, meanings, hierarchies, religion, and material objects acquired by people in the course of generations through striving. By definition, culture cannot be static. Culture is dependent on values, values that sometimes are even unconscious to those who hold them.
But, culture cannot be merely of the state. Sure, it helps if the state leans in the same direction, then the development of norms and mores does not have to an antagonistic contest between the state and the people. But we need to remind ourselves that the responsibility to govern merely creates a range of possibilities to intercede in support of a system of values - those contained in our Constitution and Bill of Rights and committed to the electorate through election manifestos. There is nothing pre-ordained about the outcomes of a period in government. I am a Member of Parliament - so making laws is an integral part of what I do but I want to share an observation, that you cannot legislate values, just as you cannot legislate culture.
The culture of human rights goes far beyond the ability to recite the Bill of Rights, memorise the UN Charter or be conversant with human rights case law. It is about communicating the values that underpin the culture, bringing out some of the tenets that may even be unconscious to those who hold them. It is also about working with others to develop and hone the shared objectives from shared values. None of this can be done without drawing attention to that which deviates from the underpinning values.
President Mbeki did this forcefully in the Fourth Annual Nelson Mandela Lecture in July last year.
Thus everyday and during every waking hour of our time beyond sleep, the demons embedded in our society, that stalk us at every minute, seem always to beckon each one of us towards a realisable dream and nightmare. With every passing second, they advise, with rhythmic and hypnotic regularity - get rich! get rich! get rich! And thus has it come about that many of us accept that our common natural instinct to escape from poverty is but the other side of the same coin on whose reverse side are written the words at all costs get rich! In these circumstances personal wealth and the public communication of the message that we are people of wealth, becomes at the same time the means by which we communicate the message that we are worthy citizens of our community, the very exemplars of what defines the product of a liberated South Africa.
This is a hard-hitting description of a tendency in which personal aspirations atomise into an anti-social individualism, with a focus on wealth accumulation and conspicuous consumption. Needless to say, the "attendant problems of corruption" referred to earlier, will be a force to contend with. When this happens, it erodes the culture, and in our context it is the evolving culture of human rights that is perhaps most at risk. We need to consistently remind ourselves that nothing but bricks and mortar is likely to be permanent. But life is about far more than bricks and mortar. And the success of this early period of democracy will be measured by the durability of the system of values we are able to inculcate.
So, it is to values we must look to rebuild the culture of human rights. There are few sources that address these as poignantly as the writings of that great African intellectual Amilcar Cabral. It is fitting that we remind ourselves this evening that Comrade Dullah so frequently drew on Cabral for inspiration and explanation. In his collection entitled Unity and Struggle he articulates his views so clearly. Let me share four of these with you - reality and realism; truth; criticism and conflicts.
On the subject of reality and realism he writes, "Do not confuse the reality you live in with the ideas in your head." Essentially he argues that for a struggle to be prosecuted successfully, the leadership must appreciate the everyday existence of the people, and start from this point to advance the struggle with the people, drawing from the reality of their lives. He does not argue that activists be held back, but rather that activists must have "both feet planted firmly on the ground." These words speak so directly to the challenge of building a rights culture - all across our country, but especially here in the Western Cape. Human rights are not acquired in the abstract, they are built on the capacity to transform the lived reality.
On the subject of truth, Cabral has been paraphrased into a slogan which I am sure that we can all repeat. Claim no easy victories, tell no lies. In the full text he writes, "We must put an end to lying, we must not be able to deceive anyone about the difficulties of struggle, about the mistakes we make, the defeats we may suffer, and we cannot believe that victory is easy. Nor can we believe evasions like, "it seems that" or "I thought that". This is one of the great defects of some comrades." Ours is a struggle against forgetting and for a culture of human rights. It is in this context that his words are so incredibly resonant.
In respect of criticism, Cabral advances the watchword, "Develop the spirit of criticism between militants and responsible workers. Give everyone at every level the opportunity to criticise, to give his opinion about the work and the behaviour or the action of others. Accept criticism, wherever it comes from. Always remember that criticism is not to speak ill, nor to engage in intrigues. Criticism is and should be the act of expressing an open candid opinion in front of those concerned." Who should lead, who should measure the honesty and who is sufficiently confident to blast the intrigues masquerading as criticism?
And on unity, he forthrightly says, "there are no real conflicts between the peoples of Africa. There are only conflicts between their elites." Just pause and consider these words.
These messages are not new. They speak directly to leaders and activists and to their relationships - with each other, within the organisation, with the people, and perhaps most importantly with their values.
These words speak to the contradiction between continuity and change. And they strongly address the humility required to rekindle the culture of human rights.
As long ago as 2000, these issues were raised in that important document entitled, "ANC - People's Movement and an Agent for Change."
Our programme is not only about the transformation of material conditions, but also about engendering new social values. Failure to build a New Person, among revolutionaries themselves, and in a more diffuse manner, in broader society, will result in a critical mass of the vanguard movement being swallowed up in the vortex of the arrogance of power and the attendant social distance and corruption, and ultimately, themselves being transformed by the very system they seek to change.
Between that point and the present, much water has flowed under the bridge. These words, are not being heard often enough, or have too often been swept aside The struggle for a culture of human rights - which is a struggle that looks beyond the material conditions to what, in fact, should define our sense of nationhood - is non negotiable. But, by way of self-criticism, we should concede that it appears not to be sufficiently "taken up in the present." The struggle for human rights must be prosecuted with as much re vigour and determination as the struggle to overthrow the apartheid regime. The success of this venture depends on building the New Person. It is a struggle about values. It is a struggle against forgetting where we come from. It is a struggle that can best be advanced through unity. And, it is continuous?
Before I step off the podium, I have a confession to make. I am clearly inspired by Amilcar Cabral - when I used the copy of the book, I became aware of a terrible wrong I have committed. For on the first page is an inscription that reads: "To Dullah, from Ramesh, May 1980." Farida, I apologise for having kept this book for so long - let me return it to you. Hopefully others will also draw inspiration from it.
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Minister Trevor A.
Thank you for granting me the opportunity to address you today, to cover something which I believe is of critical importance to our country. I believe the matter of the relationship between the economy and crime will become evermore important as we chart the future of our democracy.
Let me begin by saying that government is committed to bringing crime rates down.
This is something that should be obvious to everyone, but for reasons I cannot begin to fathom, some people doubt this . So let me reiterate what every official from the President down has said on innumerable occasions: Government knows that crime rates in South Africa are unacceptably high.
We know that far too many ordinary people across South Africa suffer at the hands of murderers and rapists, robbers and child abusers. We understand the implications that crime has for their quality of life. We understand the implications it has for the social fabric and for the health of our communities.
Our commitment to this fight is borne out both by the strategic choices we have made in restructuring our criminal justice system and by the massive resources we devote to the criminal justice system every year.
This year we will spend well over R55 billion. This is three times more than what we spent just 10 years ago and, according to the Institute for Security Studies, as a proportion of GDP, it is three times the global norm.
The R55 billion pays the salaries of our police officers, the numbers of which will grow to over 190,000 by 2010. That is up from less than 120,000 just six years ago. This R55 billion pays the salaries of prosecutors and magistrates, judges and prison warders. It also pays for the construction and maintenance of facilities: police stations, courts and prisons.
Government has invested heavily in the criminal justice system and will continue to do so. That is only one measure of our commitment to fighting crime. The other measure of our commitment to fighting crime lies in the efforts that the criminal justice departments have made to transform themselves.
In 1994, we inherited a police service shaped by its dedication to upholding apartheid; a police service whose idea of crime prevention was to pluck the indigent from suburban streets into vans, and then dump them in the townships. We inherited a legal system in which convictions followed confessions, and, as a consequence, 'evidence gathering' often meant little more than locking a man in a room with some heavies for a few hours.
Government has sought to address these matters and we have made a huge progress on many fronts. But both the resourcing and reform of the criminal justice system have not been the only pillars on which we have sought to deal with criminality. Recognising that crime is a symptom of the iniquities and inequalities that are reflected in our socio-economic statistics, we have invested heavily in poverty alleviation and education, in municipal infrastructure and the building of homes.
We have not neglected the root causes of crime. In fact we have tackled them head on.
The effect of all of these efforts is that most forms of criminality have shown a steady decline over the past six or seven years. That we would prefer the improvement to be more rapid goes without saying. I repeat: ours is a government that is committed to the fight against crime. Our policies show this. And so does our record.
Having said this, I want to say also that there is much we must still achieve.
We know from survey evidence that far too many South Africans are afraid of crime whether they are at home or in the street, whether at night or during the day. Their fears and assessment of the risks they face, are not always grounded in reality. Nevertheless, those fears are real and we must deal with them: we must bring crime down further and faster.
As the President said in his State of the Nation address at the opening of Parliament, 'We cannot claim the happiness that comes with freedom if communities live in fear, closeted behind walls and barbed wire, ever anxious in their houses, on the streets and on our roads, unable freely to enjoy our public spaces.'
This must change.
It must change for many reasons. The most important of these, as the President has suggested, is that the fear of crime, and the experience of victimisation, devalues the freedom many of us fought for.
Another reason we must redouble our efforts to bring down crime is almost as important as the need to give people the security that they deserve. This is that crime is affecting our economy.
No-one can say precisely how great a drag on economic growth our present levels of crime are. It is not unreasonable, however, to think that the effects are big enough for the Minister of Finance to worry about and to take seriously.
We know, for instance, that crime imposes costs on business. Insurance premia, security costs and losses to thefts and robberies, to say nothing of the reduction to productivity that follows whenever an employee is victimised these are all costs that businesses incur. Each of them makes our businesses less competitive in the global market place.
Crime also imposes costs on households who spend more on security than they should have to. I for one would far rather see households saving the money they are currently spending on security systems and high walls.
And, despite their dominance of the public airwaves, it is not just the middle classes who bear these costs. In fact, it is common cause that it's the poor, who have little enough already, and who cannot afford either insurance or security systems, who suffer disproportionately from crime. To the extent that their lives and livelihoods are scarred by criminality, government's efforts at uplifting the poor are undermined.
We often mention crime as a factor that constrains economic growth and the potential of entrepreneurs, yet we know little about how much crime constrains growth and by what mechanisms it limits growth and development. Christopher Stone, an academic at the Kennedy School of Government at Harvard University has published a paper on Crime, Justice and Growth in South Africa as part of a growth diagnostics for South Africa (this paper can be found via the Treasury website). He lists seven mechanisms by which crime affects economic growth. Without listing these, I urge you to look up this paper if you're interested.
The World Bank's Investment Climate Survey found that crime costs businesses about 1.1 per cent of sales and 3 per cent of net value added in South Africa. This was in line with countries such as Brazil, Philippines, Russia and Peru. On the positive side, relatively few companies reported that they were forced to pay 'protection fees' to external parties. However, the cost of providing security to companies has increased considerably since 1997. The burden of crime is also felt in the second economy. In Mamelodi, almost 40 per cent of households run some type of business operation, with 73 per cent of these businesses operated by women. Crime was amongst the highest factors reported when looking at profit margins since businesses had to close early, operate behind shields and provide secure storage facilities for goods.
The crimes that people fear the most are usually crimes of violence and it is, therefore, appropriate that the police and the rest of the criminal justice system is prioritising the prevention of contact crimes. But these are not the only crimes that affect the welfare of South Africa's people or the economy.
In focusing on these 'crimes of the street' we should not forget the crimes committed by those in their corporate suites. Corporate and economic crime often goes unmentioned by some of the most outspoken critics of government's performance in relation to crime. Economic crime is sometimes treated as the ugly step-child of the criminal justice system.
Corporate crime or so called 'white-collar crime' in the private sector and in our financial services industry in particular is also a major source of concern because the victims of these crimes are not just the financial services companies themselves, but often poor people who have saved in these institutions.
As Minister of Finance, I place a high premium on the integrity, efficiency and ultimate credibility of our financial system as a vehicle to deliver the services upon which a modern thriving economy is based. I am deeply troubled when those in charge of the institutions of the financial system flout the trust placed in them by using the financial system for their own enrichment at the cost of their investors. These actions cause inefficiencies in the system, which drive up the costs and reduce the profits, and hence our savings. I especially worry when those who are trusted to invest the savings and pensions of hardworking people, people who only want to provide a better life for their dependants or for their old age, loot these savings for their own greedy purposes. When this kind of abuse happens, who can blame people if they lose their faith in the financial system and it reduces their eagerness to save.
But we must look at ourselves and ask why it is that only when we see the impact of the looting of savings on the lives of pensioners that we remember that this kind of criminal behaviour, too, is a scourge that must be rooted out?
Over the past 10 years we've sought to improve corporate governance through legal reform and by building institutions like the Financial Services Board. We have also sought to ensure that our banks become more vigilant for signs of money laundering. Our Revenue Service has begun to pursue aggressively those who mock the law by creating ever-more elaborate corporate and financial structures whose sole purpose is to reduce their tax bill.
The extent of compliance with all these requirements remains unsatisfactory, however. As a result, it has become obvious that we need to increase our capacity to enforce the law substantially, something for which our latest budgets have begun to make provision.
The fact of the matter, though, is that the culture of compliance with both the law and the principles of sound corporate governance is not embedded deeply enough across our corporate world.
There are too many companies whose tax affairs are not in order; too many whose employees' conditions of service are not up to legal norms; too many whose directors think little of fleecing clients, suppliers or their staff pension funds. Too many businesses and banks lend recklessly. Too many buildings fail to meet legal health and safety standards. Too many buses and taxis are not roadworthy; too many truck drivers are forced to drive 18-hour days.
The list is endless, and each entry on it reinforces my sense that the culture of business in South Africa is not a culture of compliance. That explains, I think, why a recent survey conducted by Transparency International found that South African companies are perceived to be among the most egregious offenders in the world when it comes to paying bribes.
Let me say here that the era of cajoling business to get its house in order is rapidly coming to an end. It will be replaced with more active and activist law enforcement. The fear of getting caught and the probability of being convicted must rise to reinforce any cultural changes that we seek to bring about. In this respect, I want to point to the rapid growth of the budget of the Specialised Commercial Crimes Court, which has doubled in the past 3 years. This court is, I believe, the kind of sophisticated response to a multi-faceted challenge from which other agencies can and should learn.
It is not just corporate South Africa and the business community more broadly about whose compliance culture I am concerned. In government, too, we have too many officials whose decision-making is skewed by their pursuit of personal gain.
In a 2005 survey by PricewaterhouseCoopers of 100 firms (69 of which were listed companies), 36 per cent reported corruption or bribery offences, in contrast to 24 per cent globally, and 21 per cent in South Africa two years earlier. The survey found that 5.6 per cent of South Africans had been asked for a bribe, favour, or gift from a public official in exchange for a legally required service over a one-year period. A total of 4.6 per cent had been asked specifically for cash, up from 2 per cent in 1998.
Whether it is the logistics head who receives kick-backs from building contractors or the official who sells an ID book, whether it is a police officer who shakes down immigrants or the local councillor who makes sure contracts go to his or her relatives, there are too many officials whose ethic of service is unacceptably frayed.
Fixing this requires that public service managers take more responsibility for the stewardship of public funds. We have created a regulatory framework under the Public Finance Management Act (and its municipal counterpart) that makes this possible. It also requires that political parties who deploy their members to government, must monitor the performance and ethics of those officials. What it requires most of all, however, is that we use with everincreasing vigour the tools contained in our law to identify and prosecute those who loot public funds.
The resources we have devoted to this task have grown exponentially in the past few years. The Special Investigating Unit, for instance, will see its budget double in the next two years. Those funds will be used to scale up their activities. By prosecuting more officials, I expect their efforts will encourage other officials to show more respect for their legal and moral duties.
I want to conclude by making a few observations about where I think some of our efforts must be directed.
We need to ensure that our criminal justice system truly becomes an effective tool in the deterrence and prevention of crime. For this to be achieved to the fullest extent possible, the efficiency of the criminal justice system must be such that it can provide the assurance that wrong-doers will be identified, found, prosecuted and punished. Whether these are muggers and murderers, corrupt officials in the public service, or businesspeople with hands in the till, we need to ensure that our systems can raise the risk of criminal behaviour. Neither the NPA, nor the courts, nor any of the investigative agencies in the state, should rest on their laurels.
Too many people get away with their crimes and benefit handsomely from their criminal lifestyles. More needs to be done to address this. Apart from the demands of justice, pursuing criminals more effectively will deter others from following their tracks.
In this regard, I want to say that we also need to develop our capacity to work together. We also recognise that fighting crime requires both a more coordinated response by government involving numerous agencies, but also social workers, our schools and local councillors. Furthermore, there is a clear and direct role for communities through community policing forums and through greater involvement by community organisations such as churches, youth organisations and the business community. Only through partnerships can we hold our law enforcement agencies accountable and direct their efforts in a firm and innovative way, taking into account the conditions at a local level.
I have already directed the agencies which report to me - the Financial Services Board, the Financial Intelligence Centre and the SA Revenue Service - to work more closely with the police and prosecution service. This partnership directs its skills and resources at identifying people who commit financial crimes. But it must do more than this too. It must also seek to recover the proceeds of crime accumulated by criminals of any and every stripe. We have already put in place the architecture needed to 'follow the money'. We must now redouble our efforts to seize these assets.
In addition to raising investigative and prosecutorial success rates, there are other areas where we need to sharpen our focus.
South Africa is, as I have said, a part of the world economy. There are great benefits that flow from this. But there are also risks. One of these is that our public and private institutions attract more criminal attention than they once did. Many of these institutions, I believe, are vulnerable to the ever-more sophisticated attacks that some of these criminal forces would seek to launch. We need to ensure both that our defences are strong and that our capacity to respond to these incidents is nimble. While building our capacity to respond to violent crime, we cannot ignore the fact that syndicates across the planet take greedy advantage of any opportunities for quick profits.
By way of conclusion, I want to congratulate the NPA on the launch of your 'Strategy 2020'. I must say it is sometimes a relief to find an organisation that is planning for a future beyond 2010.
That future, I am sure, is bright. Your vision looks good. Your leaders are first class. Your budgets are growing. There is no reason why government should not be able to expect the effects of your efforts to be felt more and more strongly.
I thank you for your time and patience.
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Thank you very much Chairperson, Deputy Chairperson, Honourable Members. Firstly, I want to express my very sincere appreciation for the co-operation that we received, especially from the Select Committee, led by the Honorable Ralane. The hearings on the Division of Revenue Bill have been exceedingly thorough and I want to convey our gratitude for the manner in which the process was run and the advice we have received from it.
Now, we have indicated over the period that as we are able to generate high levels of income we would use it in a way that responds more to the policy direction that government has taken and important amongst the choices that we exercised are those which advanced economic growth and job creation, in particular. So, in general terms, the support for the spending like infrastructure on the one hand, but also very evident in the Budget this year and over the Medium Term increase spending in Education; school education, further education and training but also in the way in which we are asking the education system to be able to track new people and regenerate the skills based through bursary programmes and the like.
The Division of Revue Bill is of course that very vital link between the ideals we have set for ourselves in the country, the various organs of state and their translation into tangible goods and services that impact very directly on the quality of life of all of our people. It is exceedingly important that in dealing with this Bill and discussions today Chairperson, the House recognizes its responsibility beyond today and the responsibility of the House beyond today clearly involves the oversight function in respect of the utilisation of these resources split into, at the provincial level certainly and the equitable conditional grant shares, and I know that constitutionally sometimes we stick our feet into boiling water but I think it is very important that in the oversight function the House recognises that it's responsibility did not end when the bill was debated on a day like today.
The other part of this, and I want to express appreciation, to you Chair, for the way in which National Council is taking up this matter, is to remain seized with the outcomes of what the money bought and so the attention to detail of the Intergovernmental fiscal review is a very important part of the oversight function. We have said that the shift in Medium Term Expenditure Budget is not to focus much on what the Department gets, if you take it further look at what it will spend on - the contracts of our people. You've got to be able to measure the change that the money bought. Now I know the House has done this, will continue to do this but my job Chairperson, the former Government put me away, the only reason they said why they said I couldn't be in society was that I was an agitator. The news to those who took those decisions is that I am an agitator and I am agitating this House now to be more vigorous in the exercise of it.
We have published the Budget for this year and so the appropriations are for this year, but very importantly the allocations for the two outer years are as important. We have not really been able to get in the minds of officials that they must treat that money as on budget. We don't want to see spending rise in February and March because we didn't spend through the year. The certainty about the budgets for the period 31 March 2010 are there and, so in our communication as members return to their provinces and deal with their constituencies, it is very important that we are able to communicate that as a single message from the Division of Revenue Bill.
The publication of information is exceedingly important for forward planning and to ensure certainty and predictability in funding flows. The question, I think, we have to ask in the oversight function is whether people understand this and whether they are ready to receive this kind of money. I have spent some time visiting three of the provinces in the last few weeks Chairperson; Northern Cape earlier this week, Mpumalanga just a few weeks ago and the Eastern Cape before that. I want to draw courage from the kinds of interactions I had both with provincial exco's but also with young learners in each and every province - very exciting stuff! We have the responsibility to provide the certainty so that people can plan and know that the changes will come. If we look at some of the details in the Budget and I will touch on this in a moment. If somebody has been waiting for a house they become desperate. If they see that houses are coming to their neighbourhoods, they feel better; they know that their chance will come tomorrow. The MTEF allows us to communicate like that and we must ensure that every sphere of government responds in this way to the challenge.
Let me turn to some of the deliberations that arose in the course of the interactions with the Select Committee and I want to state the obvious that I was not present in the briefings. From what I heard through our various officials it was a thorough process. Firstly and foremostly, I want to emphasize a full agreement about the oversight function of the NCOP. We must recognise it; it has been raised repeatedly in the course of the hearings. Secondly, the deliberations focused on the concept of value for money or the concept of spending and here too we need to reinforce that kind of interrogation of the presentations. Clearly there were very interesting discussions about Health infrastructure where things have not always gone according to plan. There was a report carried on the BBC not so long ago about the fact that money for the DR Hospital were taken away to build stadiums for 2010.
Now nothing can be more further from the truth but these kinds of rumors arise in circumstances where people are not thorough in examining the detail, examining the sources of money, examining the allocations or examining the interconnection between one year and the next. So part of the discussions that we must make sure of in the Select Committee is the understanding certainly by MEC's and senior officials in Health departments that there is not going to be some national department that parachutes money in from time to time. I think that the issue of infrastructure in Health is also challenging us in a direct way. We have this conditional grant called the Revitalisation Grant. Now the Revitalisation Grant was designed to upgrade hospitals that we found are in a very poor state of repair but it was never designed to relieve provinces of the provision of health care. The provision of health care is impossible without the physical infrastructure but one gets a sense that provinces now believe it is not their responsibility to provide, especially the secondary or district hospitals as this must wait for Revitalisation. We are going to have detailed interaction about this.
The third issue which I am told the Select Committee gave a lot of attention to was the compositions of municipal budgets especially the growing personnel component. Now I want to express appreciation for the manner in which this matter was debated because, indeed, we are very seriously challenged because municipalities are responsible, they have been given a mandate by the Constitution to provide good quality service and to provide a developmental role and if they consume to much a large share of the budget for personnel, they fail fundamentally in their most elementary Constitutional mandate! Now us raising it is one thing but when the Select Committee raises it as their oversight I think it raises the tempo of the debate quite a few notches and I want to express appreciation for that.
The Division of Revenue Bill would clearly find resonance completely in the Presidents' State of the Nation Address of 9 March and the issues would then be taken up by the nine Premiers, in what they call, I'm not sure why, the State of the Provinces Addresses. In line with the President's vision, the 2007 Division of Revenue allocated a further R89.5 billion over baseline on the key priority programmes and again I want to emphasized the baseline was there, the baseline was in last year's Division of Revenue Bill, we have added 89.5 billion to that and of this R32.3 billion is allocated to national departments and R39.2 billion to provinces and R18.1 billion to municipalities. Schedule 1 of the Bill provides a summary of the allocation of funds across the three spheres and national governments share includes debt service costs of R52.2 billion, a contingency of over R3 billion and conditional grants to provinces of over R31.5 billion and to local government R13.6 billion. The provincial equitable shares allocated R171.3 billion while local government is allocated R20.7 billion. The increased allocations provide for the strengthening of a series of pro-poor services especially at provincial level. A substantial share of the additional resources is expected to go to Education to train and hire additional teachers, teaching systems and support staff in schools and districts and to improve the remuneration levels of teachers. Together with resources set aside in the Provincial Equitable Share for the implementation of no-fees schools and a substantial increase and resources in classroom building and to provide water and electricity and sanitation in schools. The investments announced in this year's Budget constitute a consertive effort towards improving the quality of the public schooling system. I want to emphasize as I have done before that money is only part of the issue. Without good quality educators, we will fail the learners, we will fail the education system and we will fail Democracy. Chairperson, you know I visited some of the poorest places in the last few weeks but in one of the provinces I drilled through the under-spending of the current fiscal year. When you look at under-spending in Education, you pause and you take out a very sharp drill like a dentist would have and you drill down as deeply as you can go and when I struck a point where the province says the under-spending is on learner support materials, I pause because it cannot be that in an environment where parents are incapable of affording elementary things, in an environment where many of the schools affected are in fact no-fees schools, where it is not schools are not in leafy suburbs. You sit with money unspent on learner support materials - it means that somebody is not doing their job! I am using this to emphasize a point I raised, I think that when this Bill is passed by this House, Chairperson, we can have a measure of comfort of the quantum of the resources allocated for the task, but that is all that we can have comfort about. The oversight function needs to be enhanced to ensure that we focus on the quality of the outcomes.
Last year, in respect of Health, also very significant increases with the special focus on the increase of the number of health workers and the debate on the Intergovernmental fiscal review, we would have dealt with that issue already, but over the next five years we must train and employ a further 30 000 people in the public health system. Last year's Budget framework made provision for the treatment and care of about 250 000 people who are ill with Aids. We are likely to reach that figure quite soon and the HIV and Aids programme presently being delivered through 272 sites is stepped up to double the uptake over the next three years. The money is there, we have to ensure that it is properly allocated.
One of the big changes in this year's Budget is of course the Community Library Services Grant, I know the Honorable Robertson says that it was all her work; we can all claim responsibility in that way. There is R1 billion and my observations from interactions is in fact that we must try and speed up the process. I am not sure if it is the issue of the physical space to store the books and that there are many unemployed librarians at the moment. I think that we have to look at all of the issues together including other services like internet facilities in the libraries to advance the struggle.
In respect of Local Government, over the next three years, municipalities will receive R129.2 billion including in- kind donations of R7.4 billion.
2 billion to compensate municipalities for the ongoing loss of RSC levies. As a result, the local government share of nationally raised revenue increase from 6,5 per cent in the current financial year to 7,2 per cent in 2007/08 to 7,8 per cent in the outer year that ends on 31 March 2010.
Regional bulk water and sanitation infrastructure is prioritised to sustain the delivery of free basic services and to deliver water and electricity to schools and clinics. Total infrastructure transfers to municipalities now total R52 billion over the next three years. That is real money in any currency. These allocations aim to support local programmes that will provide for sustainable neighbourhoods, while at the same time attracting private sector investment in under-serviced communities. Together with increases in housing allocations, this should provide a major boost to local development.
Chairperson, provinces and municipalities have a key role to play in Government's Programme of Action which among other things seeks to deliver more and better services to our people.
They also have a major role to play in facilitating the attainment of our growth targets. The public resources allocated in the Division of Revenue Bill will certainly help us to achieve our targets. But, it will only help, it can't do everything. As elected representatives we have a collective responsibility in ensuring that the resources we spend are effectively and efficiently used and that we can measure the improvements of the quality of life of the poorest of our people and off all South African's as a result of wise decisions taken in this House.
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making interim provision relating to the trafficking in persons for sexual purposes; and to provide for matters connected therewith.
'this Act' includes any regulations made under this Act, including the regulations made under sections 39, 53 and 67.
For the purposes of sections 3, 4, 5 (1), 6, 7, 8 (1), 8 (2), 8 (3), 9, 10, 12, 17 (1), 17 (2), 17 (3) (a) , 19, 20 (1), 21 (1), 21 (2), 21 (3) and 22, 'consent' means voluntary or uncoerced agreement.
a person who is mentally disabled.
establishing a National Register for Sex Offenders in order to establish a record of persons who are or have been convicted of sexual offences against children and persons who are mentally disabled so as to prohibit such persons from being employed in a manner that places them in a position to work with or have access to or authority or supervision over or care of children or persons who are mentally disabled.
Any person ('A') who unlawfully and intentionally commits an act of sexual penetration with a complainant ('B'), without the consent of B, is guilty of the offence of rape.
Any person ('A') who unlawfully and intentionally compels a third person ('C'), without the consent of C, to commit an act of sexual penetration with a complainant ('B'), without the consent of B, is guilty of the offence of compelled rape.
A person ('A') who unlawfully and intentionally sexually violates a complainant ('B'), without the consent of B, is guilty of the offence of sexual assault.
A person ('A') who unlawfully and intentionally inspires the belief in a complainant ('B') that B will be sexually violated, is guilty of the offence of sexual assault.
A person ('A') who unlawfully and intentionally compels a third person ('C'), without the consent of C, to commit an act of sexual violation with a complainant ('B'), without the consent of B, is guilty of the offence of compelled sexual assault.
engage in any act which has or may have the effect of sexually arousing or sexually degrading B; or cause B to penetrate in any manner whatsoever his or her own genital organs or anus, is guilty of the offence of compelled self-sexual assault.
A person ('A') who unlawfully and intentionally, whether for the sexual gratification of A or of a third person ('C') or not, compels or causes a complainant 18 years or older ('B'), without the consent of B, to be in the presence of or watch A or C while he, she or they commit a sexual offence, is guilty of the offence of compelling or causing a person 18 years or older to witness a sexual offence.
C while he or she engages in a sexual act with D, is guilty of the offence of compelling or causing a person 18 years or older to witness a sexual act.
A person ('A') who unlawfully and intentionally, whether for the sexual gratification of A or of a third person ('C') or not, compels or causes a complainant 18 years or older ('B'), without the consent of B, to be in the presence of or watch A or C while he or she engages in an act of self-masturbation, is guilty of the offence of compelling or causing a person 18 years or older to witness self-masturbation.
A person ('A') who unlawfully and intentionally, whether for the sexual gratification of A or of a third person ('C') or not, exposes or displays or causes the exposure or display of the genital organs, anus or female breasts of A or C to a complainant 18 years or older ('B'), without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of genital organs, anus or female breasts to a person 18 years or older.
A person ('A') who unlawfully and intentionally, whether for the sexual gratification of A or of a third person ('C') or not, exposes or displays or causes the exposure or display of child pornography to a complainant 18 years or older ('B'), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography to a person 18 years or older.
by committing a sexual act with B, is guilty of engaging the sexual services of a person 18 years or older.
Persons who may not lawfully marry each other on account of consanguinity, affinity or an adoptive relationship and who unlawfully and intentionally engage in an act of sexual penetration with each other, are, despite their mutual consent to engage in such act, guilty of the offence of incest.
the prohibited degrees of affinity are relations by marriage in the ascending and descending line; and an adoptive relationship is the relationship of adoption as provided for in any other law.
The institution of a prosecution of a person who is a child at the time of the alleged commission of the offence referred to in subsection (1) must be authorised in writing by the National Director of Public Prosecutions.
The National Director of Public Prosecutions may not delegate his or her power to decide whether a prosecution in terms of this section should be instituted or not.
of masturbation of an animal, unless such act is committed for scientific reasons or breeding purposes, or of masturbation with an animal, is guilty of the offence of bestiality.
A person who unlawfully and intentionally commits a sexual act with a human corpse, is guilty of the offence of committing a sexual act with a corpse.
A person ('A') who commits an act of sexual penetration with a child ('B') is, despite the consent of B to the commission of such an act, guilty of the offence of having committed an act of consensual sexual penetration with a child.
The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the National Director of Public Prosecutions if both A and B were children at the time of the alleged commission of the offence: Provided that, in the event that the National Director of Public Prosecutions authorises the institution of a prosecution, both A and B must be charged with contravening subsection (1).
A person ('A') who commits an act of sexual violation with a child ('B') is, despite the consent of B to the commission of such an act, guilty of the offence of having committed an act of consensual sexual violation with a child.
The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the relevant Director of Public Prosecutions if both A and B were children at the time of the alleged commission of the offence: Provided that, in the event that the Director of Public Prosecutions concerned authorises the institution of a prosecution, both A and B must be charged with contravening subsection (1).
The Director of Public Prosecutions concerned may not delegate his or her power to decide whether a prosecution in terms of this section should be instituted or not.
by committing a sexual act with B, is, in addition to any other offence which he or she may be convicted of, guilty of the sexual exploitation of a child.
by making available, offering or engaging B for purposes of the commission of a sexual act with B by C; or by detaining B, whether under threat, force, coercion, deception, abuse of power or authority, for purposes of the commission of a sexual act with B by C, is guilty of an offence of being involved in the sexual exploitation of a child.
intentionally allows or knowingly permits the commission of a sexual act by a third person ('C') with a child complainant ('B'), with or without the consent of B, while being a primary care-giver defined in section 1 of the Social Assistance Act, 2004 (Act 13 of 2004), parent or guardian of B; or owns, leases, rents, manages, occupies or has control of any movable or immovable property and intentionally allows or knowingly permits such movable or immovable property to be used for purposes of the commission of a sexual act with B by C, with or without the consent of B, is guilty of the offence of furthering the sexual exploitation of a child.
A person ('A') who intentionally receives financial or other reward, favour or compensation from the commission of a sexual act with a child complainant ('B'), with of without the consent of B, by a third person ('C'), is guilty of an offence of benefiting from the sexual exploitation of a child.
A person ('A') who intentionally lives wholly or in part on rewards, favours or compensation for the commission of a sexual act with a child complainant ('B'), with or without the consent of B, by a third person ('C'), is guilty of an offence of living from the earnings of the sexual exploitation of a child.
prints or publishes, in any manner, any information that is intended to promote or facilitate conduct that would constitute a sexual act with is guilty of an offence of promoting child sex tours.
arranges or facilitates a meeting or communication between C and B by any means from, to or in any part of the world, with the intention that C will perform a sexual act with B, is guilty of the offence of promoting the sexual grooming of a child.
having met or communicated with B by any means from, to or in any part of the world, intentionally travels to meet or meets B with the intention of committing a sexual act with B, is guilty of the offence of sexual grooming of a child.
any image, publication, depiction, description or sequence containing a visual presentation, description or representation of pornography or an act of an explicit sexual nature of a person 18 years or older, which may be disturbing or harmful to, or age-inappropriate, for children, as contemplated in the Films and Publications Act, 1996, or in terms of any other law, to a child ('B'), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography or pornography to a child.
by creating, making or producing; or in any manner assisting to create, make or produce, any image, publication, depiction, description or sequence in any manner whatsoever of child pornography, is guilty of the offence of using a child for child pornography.
Any person who knowingly and intentionally in any manner whatsoever gains financially from, or receives any favour, benefit, reward, compensation or any other advantage, as the result of the commission of any act contemplated in subsection (1), is guilty of the offence of benefiting from child pornography.
A person ('A') who unlawfully and intentionally, whether for the sexual gratification of A or of a third person ('C') or not, compels or causes a child complainant ('B'), without the consent of B, to be in the presence of or watch A or C while he, she or they commit a sexual offence, is guilty of the offence of compelling or causing a child to witness a sexual offence.
C while he or she engages in a sexual act with D, is guilty of the offence of compelling or causing a child to witness a sexual act.
A person ('A') who unlawfully and intentionally, whether for the sexual gratification of A or of a third person ('C') or not, compels or causes a child complainant ('B'), without the consent of B, to be in the presence of or watch A or C while he or she engages in an act of self-masturbation, is guilty of the offence of compelling or causing a child to witness self-masturbation.
A person ('A') who unlawfully and intentionally, whether for the sexual gratification of A or of a third person ('C') or not, exposes or displays or causes the exposure or display of the genital organs, anus or female breasts of A or C to a child complainant ('B'), with or without the consent of B, is guilty of the offence of exposing or displaying or causing the exposure or display of genital organs, anus or female breasts to a child.
by committing a sexual act with B, is, in addition to any other offence which he or she may be convicted of, guilty of the sexual exploitation of a person who is mentally disabled.
by making available, offering or engaging B for purposes of the commission of a sexual act with B by C; or by detaining B, whether under threat, force, coercion, deception, abuse of power or authority, for purposes of the commission of a sexual act with B by C, is guilty of an offence of being involved in the sexual exploitation of a person who is mentally disabled.
intentionally allows or knowingly permits the commission of a sexual act by a third person ('C') with a person who is mentally disabled ('B') while being a care-giver, parent, guardian, curator or teacher of B; or owns, leases, rents, manages, occupies or has control of any movable or immovable property and intentionally allows or knowingly permits such movable or immovable property to be used for purposes of the commission of a sexual act with B by C, is guilty of the offence of furthering the sexual exploitation of a person who is mentally disabled.
A person ('A') who intentionally receives financial or other reward, favour or compensation from the commission of a sexual act with a person who is mentally disabled ('B') by a third person ('C'), is guilty of an offence of benefiting from the sexual exploitation of a person who is mentally disabled.
A person ('A') who intentionally lives wholly or in part on rewards, favours or compensation for the commission of a sexual act with a person who is mentally disabled ('B') by a third person ('C'), is guilty of an offence of living from the earnings of the sexual exploitation of a person who is mentally disabled.
prints or publishes, in any manner, any information that is intended to promote or facilitate conduct that would constitute a sexual act with B, is guilty of an offence of promoting sex tours with persons who are mentally disabled.
arranges or facilitates a meeting or communication between C and B by any means from, to or in any part of the world, with the intention that C will perform a sexual act with B, is guilty of the offence of promoting the sexual grooming of a person who is mentally disabled.
having met or communicated with B by any means from, to or in any part of the world, intentionally travels to meet or meets B with the intention of committing a sexual act with B, is guilty of the offence of sexual grooming of a person who is mentally disabled.
A person ('A') who unlawfully and intentionally exposes or displays or causes the exposure or display of any image, publication, depiction, description or sequence of child pornography or pornography to a complainant who is mentally disabled ('B'), is guilty of the offence of exposing or displaying or causing the exposure or display of child pornography or pornography to a person who is mentally disabled.
in any manner assisting to create, make or produce, any image, publication, depiction, description or sequence in any manner whatsoever, of pornography or child pornography, is guilty of the offence of using a person who is mentally disabled for pornographic purposes.
Any person who knowingly and intentionally in any manner whatsoever gains financially from, or receives any favour, benefit, reward, compensation or any other advantage, as the result of the commission of any act contemplated in subsection (1), is guilty of the offence of benefiting from using a person who is mentally disabled for pornographic purposes.
'victim' means any person alleging that a sexual offence has been perpetrated against him or her.
be supplied with a prescribed list, containing the names, addresses and contact particulars of accessible public health establishments contemplated in section 29 (1) (a) ; and subject to section 30, apply to a magistrate for an order that the alleged offender be tested for HIV, at State expense.
lays a charge with the South African Police Service in respect of an alleged sexual offence; or reports an incident in respect of an alleged sexual offence in the prescribed manner at a designated health establishment contemplated in subsection (1) (a) (i), within 72 hours after the alleged sexual offence took place, may receive the services contemplated in subsection (1) (a).
services referred to in subsection (1); and in the case of an application contemplated in section 30, be handed a notice containing the prescribed information regarding the compulsory HIV testing of the alleged offender and have the contents thereof explained to him or her.
providing PEP to victims; and carrying out compulsory HIV testing, and may, by notice in the Gazette , withdraw any designation under this section, after giving 14 days' prior notice of such withdrawal in the Gazette.
The first notice in terms of subsection (1) must be published within two months of the implementation of this section, and at least at intervals of six months thereafter.
the relevant role-players falling under his or her jurisdiction; and the National Commissioner of the South African Police Service, the National Commissioner of Correctional Services and the Director-General of Health.
The National Commissioner of the South African Police Service, National Commissioner of Correctional Services and Director-General of Health must distribute the notice referred to in subsection (1) to all relevant role-players falling under his or her jurisdiction.
the alleged offender be tested for HIV and that the results thereof be disclosed to the victim or interested person, as the case may be, and to the alleged offender; or the HIV test results in respect of the alleged offender, obtained on application by a police official as contemplated in section 32, be disclosed to the victim or interested person, as the case may be.
if it is brought by an interested person, state the nature of the relationship between the interested person and the victim, and if the interested person is not the spouse, same sex or heterosexual permanent life partner or a parent of the victim, the reason why the application is being made by such interested person; and state that less than 90 days have elapsed from the date on which it is alleged that the offence in question took place.
The matters referred to in paragraph (a) must be verified by the victim or the interested person, as the case may be, by affidavit or solemn declaration.
The application must be made as soon as possible after a charge has been laid, and may be made before or after an arrest has been effected.
The application must be handed to the investigating officer, who must, as soon as is reasonably practicable, submit the application to a magistrate of the magisterial district in which the sexual offence is alleged to have occurred.
a person whom the magistrate is satisfied is unable to provide the required consent.
The magistrate must, as soon as is reasonably practicable, consider the application contemplated in section 30, in chambers and may call for such additional evidence as he or she deems fit, including oral evidence or evidence by affidavit, which must form part of the record of the proceedings.
For the purpose of the proceedings contemplated in subsection (1), the magistrate may consider evidence by or on behalf of the alleged offender if, to do so, will not give rise to any substantial delay.
Evidence contemplated in paragraph (a) may be adduced in the absence of the victim, if the magistrate is of the opinion that it is in the best interests of the victim to do so.
in the case where the alleged offender has already been tested for HIV on application by a police official as contemplated in section 32, order that the HIV test results be disclosed in the prescribed manner to the victim or interested person, as the case may be.
An order referred to in subsection (3) must be made in the prescribed manner and handed to the investigating officer.
inform the victim or interested person, as the case may be, of the outcome of the application; and if an order has been granted in terms of subsection (3), inform the alleged offender thereof by handing to him or her a notice containing the information as prescribed and, if necessary, by explaining the contents of the notice.
the alleged offender be tested for HIV; or the HIV test results in respect of the alleged offender, already obtained on application by a victim or any interested person on behalf of a victim as contemplated in section 30 (1) (a) (i), be made available to the investigating officer or, where applicable, to a prosecutor who needs to know the results for purposes of the prosecution of the matter in question or any other court proceedings.
set out the grounds, on the strength of information taken on oath or by way of solemn declaration, in which it is alleged that a sexual offence or offence was committed by the alleged offender; and be made after a charge has been laid, and may be made before or after an arrest has been effected, or after conviction.
the collection from the alleged offender of two prescribed body specimens; and the performance on the body specimens of one or more HIV tests as are reasonably necessary to determine the presence or absence of HIV infection in the alleged offender, and that the HIV test results be disclosed in the prescribed manner to the investigating officer or, where applicable, to a prosecutor who needs to know the results for purposes of the prosecution of the matter in question or any other court proceedings and to the alleged offender, if the results have not already been made available to such offender as contemplated in section 30 (1) (a) (i).
An order contemplated in subsection (3) must be made in the prescribed manner and handed to the investigating officer.
The investigating officer must, as soon as is reasonably practicable, after an application has been granted in terms of subsection (3), inform the alleged offender by handing to him or her a notice containing the information as prescribed and, if necessary, by explaining the contents of the notice.
in the case of an order contemplated in section 31 (3), hand over to the victim or to the interested person, as the case may be, and to the alleged offender the sealed record of the test results and a notice containing prescribed information on the confidentiality of and how to deal with the HIV test results, and if necessary explain the contents of the notice; or in the case of an order contemplated in section 32 (3), hand over to the alleged offender a sealed record of the test results and a notice containing prescribed information on how to deal with the test results, and if necessary explain the contents of the notice, and retain the other record of the test results as prescribed or, where applicable, make the record of the test results available to a prosecutor who needs to know the results for purposes of the prosecution of the matter in question or any other court proceedings.
An order made in terms of section 31 (3) lapses if the charge is withdrawn by the prosecution at the request of the victim.
Any specimens taken or results obtained prior to the lapsing of the order, if any, as contemplated in paragraph (a) , must be destroyed in accordance with the Department of Health's prevailing norms and protocols or where relevant, in accordance with any national instructions issued by the National Commissioner of the South African Police Service in terms of section 66 (1) (c).
The magistrate may, when or after issuing an order contemplated in section 31 (3) or 32 (3), issue a warrant for the arrest of the alleged offender if there is reason to believe that such offender may avoid compliance with such order or such offender has avoided compliance with such order.
reducing secondary trauma and empowering the victim to make informed medical, lifestyle and other personal decisions; or using the test results as evidence in any ensuing civil proceedings as a result of the sexual offence in question; or to enable an investigating officer to gather information with the view to using it as evidence in criminal proceedings.
The National Commissioner of the South African Police Service must cause all applications made, and all orders granted, in terms of this Chapter, to be recorded in a register and kept in the manner determined by the National Commissioner as prescribed.
Access to the register must be limited as prescribed.
a prosecutor; or subject to section 35 (2), any other person who needs to know the test results for purposes of any criminal investigations or proceedings or any civil proceedings; and the persons who are required to execute the order as contemplated in section 33.
a prosecutor if the alleged offender is tested as contemplated in section 32; or any other person who needs to know the test results for purposes of any civil proceedings or an order of a court.
A presiding officer, in any proceedings contemplated in this Chapter or in any ensuing criminal or civil proceedings, may make any order he or she deems appropriate in order to give effect to this section, including the manner in which such results are to be kept confidential and the manner in which the court record in question is to be dealt with.
Any person who, with malicious intent lays a charge with the South African Police Service in respect of an alleged sexual offence and makes an application in terms of section 30 (1), with the intention of ascertaining the HIV status of any person, is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding three years.
Any person who with malicious intent or who in a grossly negligent manner discloses the results of any HIV tests in contravention of section 37, is guilty of an offence and is liable to a fine or to imprisonment for a period not exceeding three years.
The institution of a prosecution for an offence referred to in paragraph (a) or (b) must be authorised in writing by the relevant Director of Public Prosecutions.
An alleged offender who, in any manner whatsoever, fails or refuses to comply with or avoids compliance with, or deliberately frustrates any attempt to serve on himself or herself, an order of court that he or she be tested for HIV, is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding three years.
any other matter the Minister deems to be necessary or expedient to achieve the objects of this Chapter.
submitted to Parliament at least 30 days before publication in the Gazette ; and made after consultation with the cabinet members responsible for safety and security and health, except for the matter prescribed in section 35, which must be made in consultation with the cabinet member responsible for safety and security.
'relevant authority' means any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or other functionary or institution when exercising a power or performing a duty in terms of the Constitution of the Republic of South Africa, 1996, or a provincial constitution or exercising a public power or performing a public function in terms of any legislation, which is tasked with considering applications from prospective foster parents, kinship care-givers, temporary safe care-givers, adoptive parents or curators.
be granted a licence or be given approval to manage or operate any entity, business concern or trade in relation to the supervision over or care of a person who is mentally disabled or where persons who are mentally disabled are present or congregate; or become the curator of a person who is mentally disabled.
become the foster parent, kinship care-giver, temporary safe caregiver or adoptive parent of a child.
A National Register for Sex Offenders containing particulars of persons convicted of any sexual offence against a child or a person who is mentally disabled or are alleged to have committed a sexual offence against a child or a person who is mentally disabled and who have been dealt with in terms of section 77 (6) of 78 (6) of the Criminal Procedure Act, 1977, whether committed before or after the commencement of this Chapter and whether committed in or outside the Republic, must, before 30 June 2009, and, in accordance with the provisions of this Chapter and the regulations made thereunder, be established and maintained by the Minister.
[Sub-s. (1) substituted by s. 36 of Act 66 of 2008.
The Minister must designate a fit and proper person, with due regard to his or her experience, conscientiousness and integrity, as the Registrar of the National Register for Sex Offenders.
The Registrar must exercise and perform his or her powers, duties and functions subject to the provisions of this Chapter and the regulations made thereunder.
informing a licensing authority applying for a certificate as contemplated in this Chapter whether or not the particulars of an applicant contemplated in section 47 are contained in the Register; and informing the relevant authorities dealing with fostering, kinship caregiving, temporary safe care-giving, adoption or curatorship applying for a certificate as contemplated in this Chapter whether or not the particulars of an applicant, as contemplated in section 48, have been included in the Register.
a person contemplated in section 48 (2) applying to become a foster parent, kinship care-giver, temporary safe care-giver or adoptive parent in respect of his or her own particulars; or any person whose particulars appear on the Register in respect of his or her own particulars.
at the date of commencement of this Chapter, has in his or her employment any employee, may from the date of establishment of the Register, in the prescribed manner, apply to the Registrar for a prescribed certificate, stating whether or not the particulars of the employee are recorded in the Register; or from the date of establishment of the Register, intends employing an employee, must, in the prescribed manner, apply to the Registrar for a prescribed certificate, stating whether or not the particulars of the potential employee are recorded in the Register.
An employer shall subject to paragraph (d) not continue to employ an employee contemplated in subsection (1) (a) ; or not employ an employee contemplated in subsection (1) (b) , whose particulars are recorded in the Register.
An employer who, during the course of an employment relationship, ascertains that the particulars of an employee contemplated in subsection (1) (a) has been recorded in the Register, irrespective of whether such offence was committed during the course of his or her employment, must, subject to paragraph (d) immediately terminate the employment of such employee.
Notwithstanding paragraph (d) an employer must immediately terminate the employment of an employee who fails to disclose a conviction of a sexual offence against a child or a person who is mentally disabled or that he or she is alleged to have committed a sexual offence against a child or a person who is mentally disabled and who has been dealt with in terms of section 77 (6) or 78 (6) of the Criminal Procedure Act, 1977, as contemplated in section 41.
An employer must take reasonable steps to prevent an employee whose particulars are recorded in the Register from continuing to gain access to a child or a person who is mentally disabled, in the course of his or her employment, including, if reasonably possible or practicable to transfer such person from the post or position occupied by him or her to another post or position: Provided that if any such steps to be taken will not ensure the safety of a child or a person who is mentally disabled, the employment relationship, the use of services or access, as the case may be, must be terminated immediately.
An employer who fails to comply with any provision of this section, is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding seven years or to both a fine and such imprisonment.
An employee in the employ of an employer at the commencement of this Chapter, who is or was convicted of a sexual offence against a child or a person who is mentally disabled, or is alleged to have committed a sexual offence against a child or a person who is mentally disabled and who has been dealt with in terms of section 77 (6) or 78 (6) of the Criminal Procedure Act, 1977, irrespective of whether or not such offence was committed or allegedly committed during the course of his or her employment, must without delay disclose such conviction or finding to his or her employer.
An employee who, after the commencement of this Chapter, applies for employment, must, if he or she has been convicted of a sexual offence against a child or a person who is mentally disabled or is alleged to have committed a sexual offence against a child or a person who is mentally disabled and who has been dealt with in terms of section 77 (6) or 78 (6) of the Criminal Procedure Act, 1977, disclose such conviction or finding when applying for employment.
An employee who fails to comply with subsection (1) or (2), is guilty of an offence and is liable on conviction to a fine or to imprisonment not exceeding seven years or to both a fine and such imprisonment.
A licensing authority may not grant a licence to or approve the management or operation of any entity, business concern or trade in relation to the supervision over or care of a child or a person who is mentally disabled without having determined, by way of an application to the Registrar for a prescribed certificate, whether or not the particulars of such person have been recorded in the Register.
A person who, after the commencement of this Chapter, applies for a licence contemplated in subsection (1) to a licensing authority must disclose that he or she has been convicted of a sexual offence against a child or a person who is mentally disabled or that he or she is alleged to have committed a sexual offence against a child or a person who is mentally disabled and has been dealt with in terms of section 77 (6) or 78 (6) of the Criminal Procedure Act, 1977.
Any licensing authority or person who intentionally contravenes any provision of this section, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding seven years or to both a fine and such imprisonment.
A relevant authority may not consider an application or approve the appointment of a person as a foster parent, kinship care-giver, temporary safe care-giver, an adoptive parent or curator without having determined, by way of an application to the Registrar for a prescribed certificate, whether or not the particulars of such person have been recorded in the Register.
A person who, after the commencement of this Chapter, applies to become a foster parent, kinship care-giver, temporary safe care-giver, an adoptive parent or a curator must disclose that he or she has been convicted of a sexual offence against a child or a person who is mentally disabled or that he or she is alleged to have committed a sexual offence against a child or a person who is mentally disabled and has been dealt with in terms of section 77 (6) or 78 (6) of the Criminal Procedure Act, 1977.
Any relevant authority or person who intentionally contravenes any provision of this section, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding seven years or to both a fine and such imprisonment.
any other particulars as may be prescribed by regulation; and if the conviction and sentence took place in a foreign jurisdiction, contain as far as possible the equivalent information as is contemplated in paragraph (b) , as obtained from the relevant country or any other legal source.
whose particulars appear on an official register in any foreign jurisdiction, pursuant to a conviction of a sexual offence against a child or a person who is mentally disabled or as a result of an order equivalent to that contemplated in paragraph (a) (ii), whether committed before or after the commencement of this Chapter.
of the Criminal Procedure Act, 1977, that the person is by reason of mental illness or mental defect not capable of understanding the proceedings so as to make a proper defence or was, by reason of mental illness or mental defect, not criminally responsible for the act which constituted a sexual offence against a child or a person who is mentally disabled, in the presence of that person, must make an order that the particulars of the person be included in the Register.
When making an order contemplated in paragraph (a) , the court must explain the contents and implications of such an order, including section 45, to the person in question.
the period for noting an appeal or taking the matter on review has expired; or the appeal or review proceedings have been concluded in the case of an appeal or review, either enter or remove such particulars from the Register, depending on the outcome of the appeal or review, if any.
the prosecuting authority or any person must immediately or at any other time bring this omission to the attention of the court and the court must make such order.
The National Commissioner of Correctional Services must, in the prescribed manner and at least three months before the establishment of the Register referred to in section 42, forward to the Registrar the particulars referred to in section 49 of every prisoner or former prisoner which he or she has on record, who, at the commencement of this Chapter, is serving a sentence of imprisonment or who has served a sentence of imprisonment as the result of a conviction for a sexual offence against a child, including an offence referred to in section 14 of the Sexual Offences Act, 1957 (Act 23 of 1957), and must, where possible, forward the available particulars of every prisoner or former prisoner which he or she has on record, who at the commencement of this Chapter, is serving a sentence of imprisonment or has served a sentence of imprisonment as a result of a conviction for a sexual offence against a person who is mentally disabled, including an offence referred to in section 15 of the Sexual Offences Act, 1957, and the Registrar must forthwith enter those particulars in the Register.
[Sub-s. (5) substituted by s. 37 of Act 66 of 2008.
The National Commissioner of the South African Police Service must, in the prescribed manner and at least three months before the establishment of the Register referred to in section 42, forward to the Registrar all the available particulars in his or her possession referred to in section 49 of every person, who, at the commencement of this Chapter, has a previous conviction for a sexual offence against a child, including, as far as is possible, an offence referred to in section 14 of the Sexual Offences Act, 1957, and who has a previous conviction for a sexual offence against a person who is mentally disabled, including, as far as is possible, an offence referred to in section 15 of the Sexual Offences Act, 1957, and the Registrar must forthwith enter those particulars in the Register.
[Sub-s. (6) substituted by s. 37 of Act 66 of 2008.
The Director-General: Health must, in the prescribed manner and at least three months before the establishment of the Register referred to in section 42, forward to the Registrar the particulars referred to in section 49 of every person, who, at the commencement of this Chapter, is subject to a direction in terms of section 77 (6) or 78 of the Criminal Procedure Act, 1977, as the result of an act which constituted a sexual offence against a child or a person who is mentally disabled and the Registrar must forthwith enter those particulars in the Register.
The Director-General: Health must, in the prescribed manner and period, inform each person referred to in paragraph (a) whose particulars have been forwarded to the Registrar of the implications thereof.
[Sub-s. (7) substituted by s. 37 of Act 66 of 2008.
A person whose particulars have been submitted to the Registrar in terms of this section and whose name or names, sex, identity number, physical or postal address or other details as contemplated in section 49 have changed, must notify the Registrar of any such change within 14 days after such change.
Any person referred to in paragraph (a) who intentionally fails to notify the Registrar of any change contemplated in that paragraph, is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding seven years.
who has been sentenced for a conviction of a sexual offence against a child or a person who is mentally disabled to any other form of lesser punishment or court order may, on application as contemplated in subsection (3), be removed from the Register after a period of five years has lapsed since the particulars of that person were included in the Register.
been sentenced for a conviction of a sexual offence against a child or a person who is mentally disabled to a term of imprisonment, periodical imprisonment, correctional supervision or to imprisonment as contemplated in section 276 (1) (i) of the Criminal Procedure Act, 1977, without the option of a fine for a period exceeding eighteen months, whether the sentence was suspended or not; or two or more convictions of a sexual offence against a child or a person who is mentally disabled, may not be removed from the Register.
A person falling into the categories contemplated in subsection (1) may apply, in the prescribed manner, to the Registrar to have his or her particulars removed from the Register.
The Registrar must, after considering the application, remove the particulars of the person contemplated in paragraph (a) from the Register, unless the person concerned has an investigation or a charge relating to a sexual offence against a child or a person who is mentally disabled pending against him or her and the relevant investigation or case has not yet been finalised, in which event the finalisation of the application must be postponed until the Registrar has, in the prescribed manner, received information on the outcome of the investigation or case.
The Registrar may, at the request of a person whose particulars are included in the Register, remove those particulars from the Register if the Registrar is satisfied that the entry of those particulars in the Register was clearly in error.
for the purpose of giving effect to the provisions of this Chapter; or when required to do so by any competent court.
Except in so far as it may be necessary for the purposes of this Chapter, the Registrar and any other person who assists the Registrar in the exercise and performance of his or her powers, duties and functions, who willfully discloses any information to any other person, is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding three years or to both a fine and such imprisonment.
for the purpose of giving effect to the provisions of this Chapter; or when required to do so by any competent court, is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding three years or to both a fine and such imprisonment.
Except in so far as it may be necessary for the purposes of this Chapter, any person who willfully discloses or publishes any information to any other person which he or she has acquired as a result of an application contemplated in section 44 or in any other manner, is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding three years or to both a fine and such imprisonment.
The provisions of this Chapter shall apply with the necessary changes to the category of employers and employees in their employment from the date of publication of the regulations contemplated in subsection (1) (k).
Any regulation made in terms of this section must be submitted to Parliament at least 30 days before publication thereof in the Gazette.
any aspect in this Chapter in respect of which regulations may be required or are necessary.
A person who has knowledge that a sexual offence has been committed against a child must report such knowledge immediately to a police official.
A person who fails to report such knowledge as contemplated in paragraph (a) , is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.
(a) A person who has knowledge, reasonable belief or suspicion that a sexual offence has been committed against a person who is mentally disabled must report such knowledge, reasonable belief or suspicion immediately to a police official.
A person who fails to report such knowledge, reasonable belief or suspicion as contemplated in paragraph (a) , is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.
A person who in good faith reports such reasonable belief or suspicion shall not be liable to any civil or criminal proceedings by reason of making such report.
aids, abets, induces, incites, instigates, instructs, commands, counsels or procures another person, to commit a sexual offence in terms of this Act, is guilty of an offence and may be liable on conviction to the punishment to which a person convicted of actually committing that offence would be liable.
Whenever an accused person is charged with an offence under section 3, 4, 5, 6 or 7 it is not a valid defence for that accused person to contend that a marital or other relationship exists or existed between him or her and the complainant.
section 15 or 16, it is, subject to subsection (3), a valid defence to such a charge to contend that the child deceived the accused person into believing that he or she was 16 years or older at the time of the alleged commission of the offence and the accused person reasonably believed that the child was 16 years or older; or section 16, it is a valid defence to such a charge to contend that both the accused persons were children and the age difference between them was not more than two years at the time of the alleged commission of the offence.
The provisions of subsection (2) (a) do not apply if the accused person is related to the child within the prohibited incest degrees of blood, affinity or an adoptive relationship.
A was below the age of 18 years; and the other person ('B') exercised power or authority over A or a relationship of trust existed between A and B.
the accused person believed that a person shown in the representation that is alleged to constitute child pornography, was or was depicted as being 18 years or older unless the accused took all reasonable steps to ascertain the age of that person; and took all reasonable steps to ensure that, where the person was 18 years or older, the representation did not depict that person as being under the age of 18 years.
not a person contemplated in section 17 (1) and (2) or 23 (1) and (2), as the case may be.
from the commission of such offence.
A person may not be convicted of an offence in terms of section 9 or 22 if that person commits such act in compliance with and in the interest of a legitimate cultural practice.
Notwithstanding anything to the contrary in any law contained, a male or female person under the age of 12 years is incapable of consenting to a sexual act.
Notwithstanding anything to the contrary in any law contained, a person who is mentally disabled is incapable of consenting to a sexual act.
Evidence relating to previous consistent statements by a complainant shall be admissible in criminal proceedings involving the alleged commission of a sexual offence: Provided that the court may not draw any inference only from the absence of such previous consistent statements.
In criminal proceedings involving the alleged commission of a sexual offence, the court may not draw any inference only from the length of any delay between the alleged commission of such offence and the reporting thereof.
Notwithstanding any other law, a court may not treat the evidence of a complainant in criminal proceedings involving the alleged commission of a sexual offence pending before that court, with caution, on account of the nature of the offence.
person is found in the Republic; and person is, for any reason, not extradited by the Republic or if there is no application to extradite that person.
Any offence committed in a country outside the Republic as contemplated in subsection (1) or (2), is, for purposes of determining the jurisdiction of a court to try the offence, deemed to have been committed at the place where the complainant is ordinarily resident; or at the accused person's principal place of business.
No prosecution may be instituted against a person in terms of this section with respect to conduct which formed the basis of an offence under this Act in respect of which such person has already been convicted or acquitted by a court of another jurisdiction.
The institution of a prosecution in terms of this section must be authorised in writing by the National Director of Public Prosecutions.
any body of persons, corporate or unincorporated, in the Republic.
guide the implementation, enforcement and administration of this Act; and enhance the delivery of service as envisaged in this Act by the development of a plan for the progressive realisation of services for victims of sexual offences within available resources.
review the policy framework within five years after its publication in the Gazette and at least once every five years thereafter; and amend the policy framework when required, in which case the amendments must be tabled in Parliament and published in the Gazette , as provided for in paragraph (b).
[Sub-s. (2) substituted by s. 38 of Act 66 of 2008.
There is hereby established a Committee to be known as the Inter-sectoral Committee for the Management of Sexual Offence Matters.
the Director-General: Health; and the National Director of Public Prosecutions.
The members of the Committee shall designate one of its members as deputy chairperson of the Committee, and when the chairperson is not available, the deputy chairperson shall act as chairperson.
If neither the chairperson nor deputy chairperson is available, the members present at a meeting shall elect a person from their own ranks to preside at that meeting.
The Committee shall meet at least twice every year and meetings shall be held at a time and place determined by the chairperson.
The procedure, including the manner in which decisions shall be taken, to be followed at meetings of the Committee and the manner in which the Committee shall conduct its affairs shall be determined by the Committee.
The Committee shall report in writing on every meeting to the Minister within one month of such meeting.
The Committee may make recommendations to the Minister with regard to the amendment of the national policy framework.
within one year after the implementation of this Act, submit reports to Parliament, by each Department or institution contemplated in section 63 (2), on the implementation of this Act; and every year thereafter submit such reports to Parliament.
monitoring the implementation of the national policy framework and of this Act.
the manner in which police officials must deal with the outcome of applications made and granted in terms of section 31 or 32 in order to ensure confidentiality; and the manner in which police officials must hand over to the victim or to the interested person, as the case may be, and to the alleged offender the test results.
provide for and promote the use of uniform norms, standards and procedures, with a view to ensuring that as many police officials as possible are able to deal with sexual offence cases in an appropriate, efficient and sensitive manner.
destroy the test results as contemplated in section 33 (2) (b) , as contemplated in section 33 (1) (e) , in order to ensure the confidentiality of such test results.
the manner in which prosecutors must ensure that an order contemplated in section 50 (2) (a) (dealing with an order of a court to include the accused's name in the Register) is forwarded to and received by the Registrar of the National Register for Sex Offenders.
provide for and promote the use of uniform norms, standards and procedures, with a view to ensuring that as many prosecutors as possible are able to deal with sexual offence cases in an appropriate, efficient and sensitive manner.
The National Director of Public Prosecutions must, in consultation with the National Commissioner of the South African Police Service, issue and publish in the Gazette directives regarding the manner in which prosecutors and other officials in the national prosecuting authority must deal with the HIV test results that were disclosed by police officials, as contemplated in section 33 (1) (e) (ii), in order to ensure the confidentiality of such test results.
the manner in which the reporting of an alleged sexual offence is to be dealt with if the offence is reported to a designated public health establishment; and the manner in which assistance in the investigation and prosecution of sexual offences, generally, must be provided.
provide for and promote the use of uniform norms, standards and procedures, with a view to ensuring that as many medical practitioners and any other relevant persons as possible are able to deal with sexual offence cases in an appropriate, efficient and sensitive manner.
Submitted to Parliament within six months after the commencement of this section, before publication in the Gazette ; and published in the Gazette.
Paragraph (a) applies to any new or amended national instructions or directives issued under this section with the changes required by the context.
The training courses contemplated in this section must be tabled in Parliament within six months after the commencement of this Act.
The cabinet members responsible for safety and security, the administration of justice and health must, within a year after the commencement of this Act and every 12 months thereafter, table a report in Parliament relating to the implementation of the training courses.
Any new or amended training courses developed under this section must be tabled in Parliament within 14 days of the finalisation thereof.
the inter-sectoral implementation of this Act; and any other matter which is necessary or expedient to be prescribed in order to achieve or promote the objects of this Act.
irrebuttable presumption that a female person under the age of 12 years is incapable of consenting to sexual intercourse; and crimes of rape, indecent assault, incest, bestiality and violation of a corpse, insofar as it relates to the commission of a sexual act with a corpse, is hereby repealed.
The laws specified in the Schedule are repealed or amended to the extent indicated in the third column of that Schedule.
All criminal proceedings relating to the common law crimes referred to in section 68 (1) (b) which were instituted prior to the commencement of this Act and which are not concluded before the commencement of this Act must be continued and concluded in all respects as if this Act had not been passed.
which was initiated before the commencement of this Act may be concluded, instituted and continued as if this Act had not been passed.
Despite the repeal or amendment of any provision of any law by this Act, such provision, for purposes of the disposal of any investigation, prosecution or any criminal or legal proceedings contemplated in subsection (1) or (2), remains in force as if such provision had not been repealed or amended.
Pending the adoption of legislation in compliance with the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Trans-National Organized Crime (signed on 14 December 2000) and the repeal of this Part, the transitional provisions in this Part relating to the trafficking in persons for sexual purposes are provisionally provided for in partial compliance of our international obligations and to deal with this rapidly growing phenomena globally.
the giving or receiving of payments, compensation, rewards, benefits or any other advantage, for the purpose of any form or manner of exploitation, grooming or abuse of a sexual nature of such person, including the commission of any sexual offence or any offence of a sexual nature in any other law against such person or performing any sexual act with such person, whether committed in or outside the borders of the Republic, and 'trafficks' and 'trafficked' have a corresponding meaning.
A person ('A') who trafficks any person ('B'), without the consent of B, is guilty of the offence of trafficking in persons for sexual purposes.
performs any act which is aimed at committing, causing, bringing about, encouraging, promoting, contributing towards or participating in trafficking; or incites, instigates, commands, aids, advises, recruits, encourages or procures any other person to commit, cause, bring about, promote, perform, contribute towards or participate in trafficking, is guilty of an offence of involvement in trafficking in persons for sexual purposes.
For the purpose of subsection (1), 'consent' means voluntary or uncoerced agreement.
a child below the age of 12 years; or a person who is mentally disabled.
A person who has been trafficked is not liable to stand trial for any criminal offence, including any migration-related offence, which was committed as a direct result of being trafficked.
A commercial carrier commits an offence if the carrier brings a person into or removes a person from the Republic and, upon entry into or departure from the Republic, the person does not have the travel documents required for lawful entry into or departure from the Republic.
entry into the Republic occurred only because of illness of or injury to a child or adult on board, stress of weather or other circumstances beyond the control of the commercial carrier.
A commercial carrier is, in addition to any offence under this section, liable to pay the costs of the trafficked person's care and safekeeping and return from, the Republic.
A court must, when convicting a commercial carrier of an offence under this section, in addition order the commercial carrier concerned to pay the costs contemplated in paragraph (c).
This Act is called the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, and, subject to subsection (2), takes effect on 16 December 2007, or an earlier date fixed by the President by proclamation in the Gazette.
Chapter 5 of the Act takes effect on 21 March 2008, or an earlier date fixed by the President by proclamation in the Gazette.
Chapter 6 of the Act takes effect on 16 June 2008, or an earlier date fixed by the President by proclamation in the Gazette.
'(1) The court, other than the court of a regional division, shall have jurisdiction over all offences , except treason, murder, rape and compelled rape as contemplated in sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.'.
2 Rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
3 Robbery, where serious bodily harm has been inflicted on the victim.
4 Assault, where serious bodily harm has been inflicted on the victim.
' "female" means a female person 18 years or older;'.
'(1) Any person who, with intent or while he reasonably ought to have foreseen the possibility that any person, who is 18 years or older, may have unlawful carnal intercourse, or commit an act of indecency, with any other person for reward, performs for reward any act which is calculated to enable such other person to communicate with any such person, who is 18 years or older, shall be guilty of an offence.'.
entices, solicits, or importunes in any public place for immoral purposes, shall be guilty of an offence.
Any person 18 years or older who wilfully and openly exhibits himself or herself in an indecent dress or manner at any door or window or within view of any public street or place or in any place to which the public have access, shall be guilty of an offence.'.
(a A) and (b).
in public or in private in any way assists in bringing about, or receives any consideration for, the commission by any person of any act of indecency with another person, shall be guilty of an offence.'
in public commits any act of indecency with another person, shall be guilty of an offence.'.
in the case of an offence referred to in section 19 or 20 (1) (c) or (1A) (b) to a fine not exceeding R4 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.'.
7 The repeal of sections 9, 11, 12 (2) 13, 14, 15, 18, 18A and 20A.
Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.'.
(1) Subject to the provisions of subsections (2), (3), and (4), prescription shall commence to run as soon as the debt is due.'
and 71 (1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, during the time in which the creditor is unable to institute proceedings because of his or her mental or psychological condition.'.
of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, shall, unless some other period is expressly provided for by law, lapse after the expiration of a period of 20 years from the time when the offence was committed.'.
be admitted to and detained in an institution stated in the order as if he or she were an involuntary mental health care user contemplated in section 37 of the Mental Health Care Act, 2002, and if the court so directs after the accused has pleaded to the charge, the accused shall not be entitled under section 106 (4) to be acquitted or to be convicted in respect of the charge in question.
If the court makes a finding in terms of paragraph (a) after the accused has been convicted of the offence charged but before sentence is passed, the court shall set the conviction aside, and if the accused has pleaded guilty it shall be deemed that he has pleaded not guilty.'.
by a clinical psychologist where the court so directs.'.
any act for the purpose of furthering the commission of a sexual offence as contemplated in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, towards or in connection with any other person; or extortion or any statutory offence of demanding from any other person some advantage which was not due and, by inspiring fear in the mind of such other person, compelling him to render such advantage, the court before which such proceedings are pending may, at the request of such other person or, if he is a minor, at the request of his parent or guardian, direct that any person whose presence is not necessary at the proceedings or any person or class of persons mentioned in the request, shall not be present at the proceedings: Provided that judgment shall be delivered and sentence shall be passed in open court if the court is of the opinion that the identity of the other person concerned would not be revealed thereby.'.
'(5) Any person who publishes any information in contravention of this section or contrary to any direction or authority under this section or who in any manner whatever reveals the identity of a witness in contravention of a direction under section 153 (2), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment if the person in respect of whom the publication or revelation of identity was done, is over the age of 18 years, and if such person is under the age of 18 years, to a fine or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.'
the criminal proceedings that gave rise to the publication of information or the revelation of identity as contemplated in that subsection related to a charge that an accused person committed or attempted to commit any sexual act as contemplated in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, towards or in connection with any other person or any act for the purpose of procuring or furthering the commission of a sexual act, as contemplated in that Act, towards or in connection with any other person; and the other person referred to in paragraph (a) suffered any physical, psychological or other injury or loss of income or support.'.
'(5) The court shall provide reasons for refusing any application by the public prosecutor for the giving of evidence by a child complainant below the age of 14 years by means of closed circuit television or similar electronic media, immediately upon refusal and such reasons shall be entered into the record of the proceedings.'.
'(1) Any person, who is found not to understand the nature and import of the oath or the affirmation, may be admitted to give evidence in criminal proceedings without taking the oath or making the affirmation: Provided that such person shall, in lieu of the oath or affirmation, be admonished by the presiding judge or judicial officer to speak the truth.'.
'(1) Whenever criminal proceedings are pending before any court and it appears to such court that it would expose any witness under the biological or mental age of eighteen years to undue mental stress or suffering if he or she testifies at such proceedings, the court may, subject to subsection (4), appoint a competent person as an intermediary in order to enable such witness to give his or her evidence through that intermediary.'
(7) The court shall provide reasons for refusing any application or request by the public prosecutor for the appointment of an intermediary in respect of child complainants below the age of 14 years, immediately upon refusal and such reasons shall be entered into the record of the proceedings.
The court shall immediately give reasons for any direction or order referred to in subsection (9)(iv), which reasons shall be entered into the record of the proceedings.'.
the statutory offence of making a false statement in any affidavit or any affirmed, solemn or attested declaration if it is made in connection with or for the purpose of any such proceedings as are mentioned in paragraph (h) .'.
CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMEND Page 62 of 82 the prosecution.
The court shall not grant an application referred to in subsection (2) (a) if, in its opinion, such evidence or questioning is sought to be adduced to support an inference that by reason of the sexual nature of the complainant's experience or conduct, the complainant is more likely to have consented to the offence being tried; or is less worthy of belief.
The court shall provide reasons for granting or refusing an application in terms of subsection (2) (a) , which reasons shall be entered in the record of the proceedings.'.
the accused shall be presumed, unless the contrary is proved, to have had knowledge, at the time of the alleged offence, of the relationship existing between him or her and the other party to the incest.'
'(2) Whenever the fact that any lawful and binding marriage was contracted is relevant to the issue at criminal proceedings at which an accused is charged with incest as contemplated in section 12 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, such fact may be proved prima facie in the manner provided in section 237 for the proof of the existence of a lawful and binding marriage of a person charged with bigamy.'.
If the evidence on a charge of sexual assault, the accused may be found guilty of the offence so proved.
having committed an act of consensual sexual violation with a child as contemplated in section 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, the accused may be found guilty of the offence so proved.'.
' (b) sexual assault, compelled sexual assault or compelled selfsexual assault as contemplated in sections 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or'.
If the evidence on a charge of common assault proves the offence of sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in sections 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, the accused may be found guilty of any such offence, or, if the evidence on such a charge does not prove the offence of common assault but the offence of pointing a fire-arm, air-gun or air-pistol in contravention of any law, the accused may be found guilty of that offence.'.
conspiring with such other person to have unlawful carnal intercourse, the accused may be found guilty of the offence so proved.'.
17 The repeal of section 269.
' (b) for a fixed period not exceeding three years , or in the case of a conviction for any offence referred to in the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, for a fixed period not exceeding five years.'
of section 276 (1) on a person convicted of any sexual offence shall, if practicable and if the convicted person demonstrates the potential to benefit from treatment, include the attendance of and participation in a sex offence specific treatment programme as prescribed in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, the cost of which shall be borne by the convicted person himself or herself.'.
CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMEND Page 66 of 82 if he or she is present that he or she has a right, subject to the directives issued by the Commissioner of Correctional Services under subsection (4), to make representations when placement of the prisoner on parole, on day parole or under correctional supervision is considered or to attend any relevant meeting of the parole board.'.
'(2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment if the person whose identity has been revealed is over the age of 18 years, and if such person is under the age of 18 years, to a fine or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.'
and if the person whose identity has been revealed suffered any physical, psychological or other injury or loss of income or support.'.
is incompetent on account of mental disorder to consent that the examination be conducted; or is deceased, a magistrate may, on the written application of that police official and if he is satisfied that the medical examination is necessary, grant the necessary consent that such examination be conducted.'.
(Sections 40 and 42) Treason. Sedition. Public violence. Murder. Culpable homicide.
Matters) Amendment Act, 2007, respectively. Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
Trafficking in persons for sexual purposes by a person contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Bestiality as contemplated in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMEND Page 68 of 82 concerned is in such custody in respect of any offence referred to in this Schedule or is in such custody in respect of the offence of escaping from lawful custody.
Rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
conveyance or supply of dependenceproducing drugs.
Any conspiracy, incitement or attempt to commit any offence referred to in this Part.'.
Any trafficking related offence by a commercial carrier as contemplated in section 71(6) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Any offence relating to the dealing in or smuggling of ammunition, firearms, explosives or armament, or the possession of an automatic or semi-automatic firearm, explosives or armament.
Any offence in contravention of section 36 of the Arms and Ammunition Act, 1969 (Act 75 of 1969), on account of being in possession of more than 1 000 rounds of ammunition intended for firing in an arm contemplated in section 39 (2) (a) (i) of that Act.
CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMEND Page 70 of 82 execution or furtherance of a common purpose or conspiracy.
which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 1.
The offences referred to in section 4 (2) or (3), 13 or 14 (in so far as it relates to the aforementioned sections) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004.'.
Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or robbery with aggravating circumstances; or the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy.
Trafficking in persons for sexual purposes by a person as contemplated in section 71 (1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
(h) of the Nuclear Energy Act, 1999 (Act 46 of 1999).'.
Assault, involving the infliction of grievous bodily harm.
Robbery, other than a robbery with aggravating circumstances, if the amount involved in the offence does not exceed R20 000,00.
and (c) , if the amount involved in the offence does not exceed R20 000,00.
Any offence in terms of any law relating to the illicit possession of dependence-producing drugs.
Any offence relating to extortion, fraud, forgery or uttering if the amount of value involved in the offence does not exceed R20 000,00.
' "commercial sexual exploitation" means engaging the services of a child to perform a sexual act or to produce child pornography as contemplated in section 17 or 19 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, for a financial or other reward payable to the child, the parents or guardian of the child or any other person;'.
1 The repeal of section 5.
Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or robbery with aggravating circumstances as defined in section 1 of the Criminal Procedure Act, 1977 (Act 51 of 1977); or the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy.
Trafficking in persons for sexual purposes by a person contemplated in section 71(1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.'
Any trafficking related offence by a commercial carrier as contemplated in section 71 (6) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.'.
4 Rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
5 Public violence.
6 Robbery when there are aggravating circumstances; or involving the taking of a motor vehicle.
8 Defeating the ends of justice.
CRIMINAL LAW (SEXUAL OFFENCES AND RELATED MATTERS) AMEND Page 76 of 82 9 Perjury.
Matters Amendment Act, 2007, respectively.
10A. Trafficking in persons for sexual purposes by a person or commercial carrier as contemplated in section 71 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
12 Any offence referred to in section 1 or 1A of the Intimidation Act, 1982 (Act 72 of 1982).
the dealing in or smuggling of ammunition, firearms, explosives or armament; or the possession of an automatic or semiautomatic firearm, explosives or armament.
14 Any offence relating to exchange control, extortion, fraud, forgery, uttering, theft, or an offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004.
15 Any offence referred to in the Prevention of Organised Crime Act, 1998.
Act 121 of 1998 Prevention of Organised Crime Act any offence referred to in this Schedule.
17 Any other offence which the Minister has determined by regulation.
a law enforcement officer, and in respect of which the Director is of the opinion that the safety of a witness who is or may be required to give evidence, or who has given evidence in respect of such an offence in any proceedings or any related person, warrants protection.
19 Any other offence in respect of which the Director, after having considered the factors mentioned in section 10(1) and any information gained in terms of section 10(2), is of the opinion that the safety of a witness who is or may be required to give evidence, or who has given evidence in respect of such an offence in any proceedings or any related person, warrants protection.'.
34 any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.'.
'(3) When a person who is subject to the Code is suspected of having committed murder, treason, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively , or culpable homicide in the Republic, the matter will be dealt with in accordance with section 27 of the National Prosecuting Authority Act, 1998 (Act 32 of 1998), and any ensuing trial shall take place in a civilian court.'.
' (a) in matters where treason, murder, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide committed outside the Republic, or where contraventions of section 4 or 5 of the Code are involved, composed of five members, being-'.
(2) A Court of a Senior Military Judge may, subject to subsection (3), try any person subject to the Code for any offence, other than murder, treason, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide committed within the Republic, and may on conviction sentence the offender to any punishment referred to in section 12.
In any case where the charge or one of the charges brought or to be brought against an accused is murder, treason, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide committed beyond the borders of the Republic, or is a contravention of section 4 or 5 of the Code, the powers conferred by this section shall be exercised by three senior military judges sitting together under the presidency of the senior of those judges.'.
'(8) When a preliminary investigation is held in respect of treason, murder, rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, or culpable homicide, committed outside the Republic, or a contravention of section 4 or 5 of the Code or any offence punishable by imprisonment exceeding a period of 10 years, the prosecution counsel shall, subject to subsection (10), lead the evidence of every witness called by him or her and any witness may be crossexamined by the accused and may thereafter be re-examined by the prosecution counsel in relation to any evidence given by that witness under cross-examination and may at any stage of the proceedings be recalled by the presiding judge, commanding officer or recording officer for the purpose of being further examined or crossexamined, as the case may be.'.
TABLE OF OFFENCES High treason. Sedition. Sabotage.
Malicious damage to property.
Culpable homicide involving the use of a firearm or any form of intentional violence.
Assault with the intention to cause serious bodily harm.
Forgery or uttering of a forged document knowing it to have been forged.
Breaking or entering any premises, whether in terms of common or statutory law, with the intention to commit an offence.
Theft, whether in terms of common law or statutory law.
Perjury, whether in terms of common law or statutory law. An offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004. An offence involving the illicit dealing in dependence producing substances.
Any offence in terms of statutory law involving an element of dishonesty.
(Act 116 of 1998).
<fn>GOV-ZA.2007032afrEn.2012-02-10.en.txt</fn>
met 'n kind.
Wet 13 van 2002 "Immigration Act" 1. Bylae 1 word deur die volgende Bylae vervang: "Schedule 1 OFFENCES REFERRED TO IN SECTION 28 (a) AND (b) OF THIS ACT Treason against the Republic Murder Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively [other than statutory rape] [Indecent assault] Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively Trafficking in persons for sexual purposes by a person contemplated in section 71(1), (2) or (6) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 Robbery Kidnapping Assault when a dangerous wound is inflicted Arson Any conspiracy, incitement or attempt to commit an offence referred to in this Schedule".".
<fn>GOV-ZA.2007040301En.2012-02-10.en.txt</fn>
The Prevailing Interest Rates are applicable from the first day of the month (1st April 2007) until the last day of the month (30th April 2007).
<fn>GOV-ZA.2007041301En.2012-02-10.en.txt</fn>
The Government benchmark bond, the R206 (8.00%: 2014) has reached the minimum nominal outstanding requirement of R10 billion. Consequently, Primary Dealers are obliged to make a market in the R206 Government bond as required by the Rules in Respect of the Primary Dealers.
The Primary Dealers in Government bonds of the Republic of South Africa are required to provide constant liquidity in the secondary market by quoting, on demand, continuous and effective two-way prices at which they stand committed to deal, in 10 million lots of the Government benchmark bonds with a minimum total nominal outstanding amount of R10 billion.
The R206 may be quoted at nominal minimum amounts of R10 million between Primary Dealers as well as other market participants, at the maximum bid-offer spread of 10 basis points.
<fn>GOV-ZA.2007041801En.2012-02-10.en.txt</fn>
Let me join you in celebrating the wonderful occasion of the launch of BIGEN Africa today. The synergies that are created from the merging parties BIGEN Africa Consulting Engineers and Pan African Capital Holdings will produce a strong and strongly empowered partnership to share knowledge, skill, expertise and innovate.
I have just read an exceedingly tragic account of the war in Darfur - I am sure that we have all read horrific accounts of the deeds of the Janjaweed and seen footage of the millions of terribly poor people displaced by that war. In the account I read, people talk of the changes to their land and lifestyle, aspects that we may not easily have considered. Some things have changed, explained a local Arab sheikh, "Sand blew into fertile land, and the rain washed away the alluvial soil. Farmers who once hosted his tribe and his camels were now blocking their migration; the land could no longer support both herder and farmer. Many farmers lost their livestock and scratched at millet farming on marginal plots." The God-given order was broken, the sheikh said, and he feared the future.
This is one part of the enormous challenge that confronts all of us in the management of depleting scarce resources like water. If we do not manage use and demand, large parts of the world could be trapped in the kind of internecine conflict that we now witness in Darfur.
Last year, the United Nations Development Programme (UNDP) devoted their annual Human Development Report to the issue of water. They opted to launch the global report in South Africa, for, as the report recognises, South Africa is one of the few countries that spends more on water provision than on its defence force. The report details each of the 8 Millennium Development Goals, and comments on the importance of access to clean water in relation to the delivery of each of them. The report says, "The word crisis is sometimes overused in development. But when it comes to water, there is a growing recognition that the world faces a crisis, that if left unchecked, will derail progress towards the Millennium Development Goals and hold back human development." It argues, "the roots of the crisis in water can be traced to poverty, inequality and unequal power relationships, as well as flawed water management policies that exacerbate scarcity."
The 2006 Human Development Report speaks to the situation in Darfur. But it also holds itself out as a challenge and opportunity to BIGEN with its experience in projects such as the Moretele Water Scheme, the Temba Roodeplaat Water Supply Scheme and years of experience with municipalities in the management of that scarce resource, water.
But development is about more than just water provision. There are also a range of other examples where the unlocking of infrastructure is essential to the release of new economic energy. A few years ago, I was privileged to serve on the Commission for Africa.
Poor infrastructure is a critical barrier to accelerating growth and poverty reduction. In Uganda, transport costs add the equivalent of an 80 percent tax on clothing exports. In some regions of Africa, farmers lose as much as half of what they produce for lack of adequate post-harvest storage. Across the region, women and girls currently walk an average of six kilometres to collect water. The life of those living in urban slums is made still worse by the lack of infrastructure - only seven percent have access to sewage facilities, for example, leading to economic costs in terms of health and lost work hours.
I raise these examples because too frequently we believe that the development challenge is one that requires copious resolutions of intergovernmental forums, when what we actually need is innovative design, construction and project management. In other words, we are talking of smart civil engineering.
As the story of Darfur affirms - we will have to call the peacekeeping troops later, if we fail to recognise the problem; identify the solution - which may be an engineering solution to a hydrology problem; and fix it.
With the pressures of additional calls on our scarce resources - be it through population growth, wasteful usage, or the cumulative neglect now evidenced in climate change, the world needs new innovation.
Similarly, the world is becoming increasingly interconnected and needs to manage economic relations between larger markets - already analysts have combined almost 40% of the world's population into a futuristic single market, called "CHINDIA". We cannot be left behind as this happens. As Africans, we must think as Africans, with a vision that extends way beyond sovereign borders and construct a larger market - this also demands innovation. It requires of us to think of new infrastructure, new ways of constructing it, new methods to finance it and new rules for maintaining it.
But, if we want all this, then we need new agencies. Those who will be better and those who are capable of leveraging their experience, of utilising their new synergies, and those who understand development as a catalyst for durable peace.
This is the reason I join with you today in celebrating the establishment of exactly such an agency, BIGEN. And in case BIGEN thought about yesterday's approaches to problem-solving, we should remind them that here in the Innovation Hub, yesterday's solutions are the exception that will need to be justified - this is a home of forwardlooking companies. There is simply no escape - demonstrate what difference your partnership, continental experience, Pan-African vision and co-operative approaches to problem solving can make to genuine empowerment. With what you already have - I challenge you to prove me wrong.
<fn>GOV-ZA.2007042501En.2012-02-10.en.txt</fn>
Good evening ladies and gentlemen. Thank you for inviting me to address this august conference representing a constituency of people who are often amongst the poorest, most marginalised members of our global village. Rural women are often the poorest strata in society, they suffer from a range of both formal and informal barriers to develop themselves and are often prevented from organising themselves. This gathering and the wide representation present here today is a victory in itself. I commend you on your ability to organise, to meet, to talk and make your voices heard. A democracy where the most marginalised sectors are organised in a healthy, thriving democracy.
At the risk of repeating figures that may not be new to you, allow me to paint a picture of the conditions that rural women in South Africa face. You've probably heard of the term triple oppression. Black women and rural women in particular, were discriminated against because of the colour of their skin, because of their gender and because they were workers. As a result of centuries of these types of discrimination, black women in rural areas are often the poorest. In our country, they also had to endure the hardships of a land tenure system that discriminated against them, a migrant labour system that favoured men and a system of forced removals to homelands that were neither economically viable nor places suitable for subsistence agriculture.
According to a survey by Markinor (a local survey company) released last week, only 15 per cent of rural women have a matric (or have completed secondary schooling) compared to 50 per cent for urban women. About 16 per cent of rural women have no schooling relative to just 3 per cent for urban women.
Educational qualifications are a good predictor of earning potential. While about 50 per cent of urban women live in households earning more than R2 500 a month, only 30 per cent of rural women live in such households. About 36 per cent of urban women are employed compared to only 20 per cent in rural areas. Over 40 per cent of rural women are unemployed. According to Martin Wittenberg, a University of Cape Town academic, at peak employment age of 40, just 30 per cent of rural women are employed. For rural men, this figure is 60 per cent. A survey by Finmark Trust also pointed out that female unemployment is much higher on tribal lands.
Poverty amongst rural women also has an effect on children since many rural women are lone mothers. Let me give you a statistic that surprised me. Let's see if you can guess which country this is from. In 1997, 56 per cent of lone parent families headed by women were living below the poverty line, compared to 24 per cent of lone parent families headed by men. That statistic is from Canada, one of the richest countries in the world. Even in developed countries, rural women and single mothers suffer much higher rates of poverty and social exclusion than the rest of the population. Poor, single female headed households are the least likely to break out of poverty.
Rural women produce about 80 per cent of the food grown in Africa, 60 per cent in Asia and between 30 and 40 per cent in Latin America. Rural women own just 2 per cent of all agricultural land and receive only 1 per cent of agricultural credit. Two thirds of all the illiterate adults in the world are rural women. These statistics confirm what you know already - that rural women are critically important to our society yet they are often the most marginalized sector of society.
Today I want to talk about economic growth, the effects of economic growth on a population and the types of things that government's can do to ensure that growth is shared more evenly amongst all citizens.
The world has experienced rapid economic growth for much of the past 15 years. Despite a slowdown in the late 1990s in Asia and in developed countries in the early part of this century, global GDP growth has accelerated, and has averaged over 5 per cent over the past few years. Faster growth is mainly driven by technological change, rising world trade, the entrance of new labour forces and consumers into the global market, rising wealth and consumption in developed countries and industrialisation in China and India. Commodity prices are higher than at any other period in the past twenty five years.
While most countries in Africa experienced declining prices for their exports in the period 1980 to 2000, today the picture has reversed. Africa itself is experiencing a prolonged period of economic expansion, driven mainly by commodity prices but also buoyed by better government, greater access to global markets and fewer conflicts. Despite the attention on Sudan, Somalia or Zimbabwe, there are fewer conflicts in Africa today than twenty years ago. In some cases, faster growth has been accompanied by increased donor assistance and debt relief. While oil exporting countries are doing particularly well, almost all African countries are seeing the fruits of sound economic management and their noble efforts at building stable institutions.
Rapidly growing economies such as India and China are drawing tens of millions of people out of poverty through faster growth and industrialization. In South Africa, after years of moderate growth, our economy is growing much faster and is now creating jobs at a pace sufficient to begin tackling our huge unemployment rate.
Closer observation of these trends over the past decade show some interesting features. In some countries that are growing rapidly, the number of people living in poverty is declining. However, in other countries, despite high growth, there is little impact on poverty. In countries such as Zimbabwe where the economy is shrinking, the number of people living in poverty is rising. Rapid economic growth is a necessity for lifting people out of poverty. However, on its own, economic growth will not make the impact we desire unless governments act in the interests of the poor to ensure that growth is shared.
A clear feature of the present growth path globally is that the returns to education are rising and skilled labour has been able to capture a disproportionately large share of the growth. People who have been denied access to education or who have a set of skills that is not commensurate with today's economic structure have not seen their incomes rise, and in some cases, have seen falling real incomes. This observation is particularly pertinent when, in South Africa's case, 85 per cent of rural women have not completed their schooling.
A related feature of growth in the world today is that as incomes have risen, the level of inequality has also risen. This trend is observable in countries ranging from the USA to China, India to Russia, Brazil to South Africa. As India has grown, its middle class has burgeoned. A similar trend is visible in China. Middle class families are often urban, educated, have stable incomes, spend on consumer goods, can afford to travel and are highly mobile in terms of where they can work. However, poor communities where education levels are low, where access to markets are distorted and transport linkages weak are trapped in poverty.
Without rapid growth, we do not have the ability to lift people out of poverty. But more importantly, even with rapid growth, government must play a countervailing influence on the side of the poor to ensure that wealth is redistributed and opportunities are shared equally. Only an active state can provide services such as education, health care, public transport and clean water - these services open up opportunities for growth and development.
The hallmark of a successful democratic state is its ability to use the resources that rapid growth presents to reduce poverty and improve the quality of life for those who are marginalised. Markets on their own cannot do this. Many developing countries, including on the African continent, are witnessing a boom as a result of high oil prices. The fiscal position of most African countries, including oil importing ones, is healthy. The test is to use these additional resources wisely, to invest in education, in infrastructure; in things that will generate a return well into the future, for when the oil runs out or the price of ground nuts collapses, as it most surely will. Government's spending patterns must be pro-poor.
Markets, or the private sector, can generate wealth, spur innovation and improve the welfare of communities. However, markets fail too. Sir Nick Stern, advisor to the British government on the economics of global climate change, refers to our pollution of the air as the most spectacular market failure in human history. It is in no single person's interest to reduce pollution. However, it is in our collective interest to reduce pollution because global warming threatens all our livelihoods.
The impact of global climate change will be felt particularly by rural women. As rainfall becomes more erratic and temperatures rise, it will become much more difficult to produce food. Africa already experiences long periods of below average rainfall. We may well see increasing volatility in rainfall patterns. Rural women know better than any of us that water is life. Without water their living standards will plummet.
According to the UNDP, we presently have a situation where one in three citizens of the world does not have access to clean water. At present, waterborne diseases kill more children in Africa than HIV/Aids, Malaria, war and accidents combined. Only acute respiratory infections (which stems from airborne pollution) kill more children. Global warming WILL make water even more scarce. Furthermore, one of the consequences of rapid economic growth without a strong state is that the private sector can get away with polluting water sources on an unimaginable scale.
Efforts to privatise water markets have, in most cases, left the problem of access to water for the poor unresolved. Private companies do invest resources, but then attempt to charge a fee for the water that prices out the poor. In Jamaica, Argentina and El Salvador, the poorest 20 per cent of the population spend 11 per cent of their incomes on water. Water is a common resource and a merit good, in economic terms. At the full economic cost of water, the poor will not be able to consume even the limited amount needed for sustenance. Governments have an obligation to ensure that the poor have access to at least a basic amount of clean water to consume, cook and for personal hygiene.
The most recent edition of Vanity Fair contains an article entitled "The rise of Big Water". This article tells the story of Long Cun, a village in rural China far off the beaten track. It lies just down the river from a town called Liuzhou, population 1.3 million. Like most Chinese cities these days, Liuzhou is ringed by walled-off industrial zones jammed with more than 1 000 factories making cars, engines, LCD screens, processed foods, steel, paper, plasticgoods that fill our living rooms. The local paper mill dumps its waste into a tributary of the river. The locals observe that the river is 'black as soy sauce'.
Long Cun drew its water from this river. Villagers had to boil the water, which kills the bacteria but not the heavy chemical pollutants. Then a new hydroelectric dam was built down river, which slowed the flow of the river, concentrating the toxins. Villagers sued the factory but got nowhere. Authorities came and looked at the mess, but didn't fix it. Last year, the city of Liuzhou decided that instead of forcing the mill to clean up its act, it forced the town of Long Cun to connect to a water system run by a private French water company. The amount spent on water by the villagers has gone up from about 25 US cents to four dollars a month. A typical village household in this region earns about US$20 to 30 a month.
This story tells a typical win - win - lose outcome. The owners of the paper mill win, the foreign private water company wins and the villagers lose.
Economic growth and globalization has many features that are positive. They provide us with the resources to invest in people, to make the lives of the poor less burdensome. However, without a strong countervailing force on the side of the poor, poor communities, of which rural women are a major component, will not get to share in the wealth that is being generated.
There are a handful of issues that are reputed to play a role in breaking the poverty cycle. First on the list would be education. Education of a suitable quality and that is appropriate expands the range of opportunities open to people to raise productivity levels and to increase their incomes. Even if rural women have not been through a system of formal education, basic literacy and numeracy would aid women to access services and take control of their lives. Good ante-natal services including ante-natal education is critical to reduce infant mortality. These services fall within the clear ambit of what governments must do, in order to intervene on behalf of the poor.
I've mentioned the role of water in the lives of rural women. Government has a clear obligation to progressively expand the infrastructure required to provide clean running water and sanitation to all its citizens. While it is entirely appropriate to charge people for using water, since it is a scarce commodity, some basic provision must be provided to all citizens, irrespective of their ability to pay. It is not good enough to provide free waterand only 60 per cent of the population has access to water. While expanding sanitation services is more difficult, the inability to do so results in pollution of the water supply and the spread of waterborne diseases. South Africa is proud of the fact that the recent UNDP Human Development Report mentions our country as one of the few in the world that spends more on water than on defence. However, even in our own country, we still have a small proportion of our people who still do not have access to clean water. We are committed to ensuring that all people have access to clean water by 2008.
Only governments, sometimes through partnerships with communities and the private sector, can provide access for rural people to places where economic and administrative services are provided. Such access is delivered through roads, public transport linkages, but increasingly through postal services, telecommunications infrastructure and broadband. Electricity is also a key service that opens up a range of possibilities and opportunities for accessing services and economic opportunities.
A developmental state is one that allows markets to work and intervenes on the side of the poor when markets fail. The provision of basic education, water, access roads, electricity and health services are services which government has an obligation to progressively expand so that the poorest sections of our community can break out of the cycle of poverty.
However, while governments have a clear role to intervene on behalf of your constituency, it is important for rural women not to become passive recipients of whatever is thrown at them. Organise yourselves, shout from the rooftops when your rights are being trampled and pressure your governments to act on your behalf, not for self interest, but to make the lives of rural women less burdensome.
I wish you well during your deliberations and I look forward to reading the resolutions that stem from this conference.
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Let me thank the leadership of Salga and the organisers of this event for inviting me to speak at this gala event tonight.
The foundation of human association is the idea that human life has equal worth and human beings are equally entitled to political, economic and social rights which allow them to choose a life they have reason to live.
We explained that, "The 2007 Budget strives to accelerate economic growth and work opportunities, modernize our public services and infrastructure and fight poverty and inequality, because we have a shared pledge to work together in action. We do this, consciously, as a choice of this government because without a powerful countervailing force, the shadow of history will dictate opportunities, entitlements and outcomes."
We did this to ensure that the foundations of choice for government are routed in a set of values that are borne of our Constitution.
Gathered here tonight are men and women whose actions (or inaction) touch the lives all South Africans. You do this through the policies you make. You touch people's lives through the decisions you take on how to spend the R128 billion budgets you pass every year. You affect lives through the by-laws and regulations that you pass from time to time. So, you have power. Your actions can change things for better or for worse. Through your actions you can protect the poor, and by failing to act you can cause irreparable harm to the most vulnerable.
As a society, our Constitution provides a very good basis for us to respond to the challenge, which from JFK's comment we can now tell faces every nation. The Constitution commits government to facilitating the progressive realisation of a range of basic rights. It obligates government to provide access to adequate housing , sufficient food, water and social security, and basic education among others.
In the Local Government White Paper of 1998, we committed ourselves to "Developmental Local Government". Almost ten years on, as we prepare to celebrate a decade of Salga's existence, we should evaluate the progress we are making (or failing to make) towards creating developmental local government. Importantly, we should ourselves whether we are succeeding in creating local governments capable of intervening in favour of the poor and vulnerable?
Of course, the Constitution recognizes that the realization of basic rights has to be within the limits of available resources. This is a perspective that has been repeatedly confirmed by the Constitutional Court. But, I am sure that we all share the view that through smart interventions that promote economic growth and jobs we can also expand the capacity of the state to deliver services faster. We can also enhance the capacity to deliver more and better services if we improve your collection of revenues. In fact, this is the true story of the remarkable fiscal turnaround in South Africa since the dawn of democracy - a competent Revenue Service has allowed us to exceed the requirements of the Constitution in respect of the resources we allocate for the delivery of public services. Moreover, we could budget for a surplus this year in good conscience, knowing that well motivated plans for services are fully funded. We should also, in this context appreciate the fact that the quality of our democracy is thereby deepened because it strengthens our sovereign responsibility for decision-making.
There is little reason why the approach of local government in respect of its commitment to be that countervailing force in the interests of the poor, cannot be enhanced by significant improvements in revenue collection. Furthermore, by thus strengthening the balance sheet with stronger revenue flows, municipalities are able to borrow at rates far more favourable, thus strengthening the capacity to be truly developmental.
The other side of the equation is spending, and that always raises the question of resource adequacy. Whilst everybody, in government everywhere, would probably take the view that their particular line function has inadequate resources - of course, there are many who see the budgeting process as nothing but an impediment to the grand plans - we need a different assessment of resource adequacy. The sphere of local government has an available resource of R 128 Billion - granted that this is unevenly distributed across the 283 instances of local government. Of this amount, R36.2 Billion or 28% now comprises transfers from nationally raised revenues. Transfers to local government will grow at 19% per annum, a rate which is substantially faster than the growth of the total budget. Again, we return to the question - is this amount adequate to deliver on the constitutional imperative of development Or, more particularly, how would we want the adequacy to be measured?
An issue you might consider this evening, as you wind up the conference, is whether as elected local political leaders you have used the mandate you received from the electorate and the resources at your disposal to intervene sufficiently in ways that improve the quality of life of the poor.
Many of us gathered here tonight, in our daily lives, we prepare plans; we make policy decision and we allocate public resources. As we go about these critical tasks what is our guiding mantra. Is it the number of millionaires we create or the opportunities we create for the poor we lift out of poverty?
Let us remind ourselves of the commitments we made when we came into Government in 1994. We adopted the Reconstruction and Development Programme.
Statistics contained in the RDP document show that we inherited a country fraught with many inequities.
About 17 million people lived below the poverty line.
In 1990 there was a shortage of about 1.
Only 36 per cent of households were electrified. About 3 million homes did not have electricity.
Millions of people did not have access to adequate healthcare.
Government intervened because we made a conscious choice to do so. We adopted a range of pro-poor policies and programmes. Through these we have been able to reach out to millions of fellow South Africans.
This evening we can and should all look back and count many successes. We have delivered over 2 million houses; we expanded the social security net to over 12 million beneficiaries to date. We now provide meals to over 6 million school children. We have connected millions of houses to telephone lines, electricity, water and sanitation. This laid the basis for launching the Free Basic Services programme in 2000. Now, approximately 70 per cent of poor households receive free basic services.
These are tangible interventions which make a big difference in the lives of our people. We have reason to celebrate these victories. But we must remain as restless now about performance as we have ever been. And we must repeatedly remind ourselves that there is absolutely no room for complacence.
Let me suggest a few approaches that could be strengthened in the local government sphere.
Firstly, I want to plead for different approaches to planning. Our IDP's are not generating the outcomes that deal with the apartheid spatial settlement patterns. Many of our people still live in places that are too far from their places of work. Few of our IDP's are sufficiently integrated. They are not creating sufficiently inclusive communities. The people gathered here tonight have the power to alter that. Every settlement has to be approved by a council. Surely councils should refuse plans from developers that do not seek to create sustainable and integrated communities. Surely you can say no to contractors who want to maximize profits by buying land in far flung areas so that they can save on the cost of land.
Secondly it is also within both your capacity and mandate to protect the poor from unscrupulous contractors who deliver poor quality houses and services to the people. To do this we need strong local government institutions. Build these, and ensure that the driving force for local government remains the measure which intervenes on the side of the poor and to provide the best available services.
Thirdly, local government should intervene by developing good local economic development plans that create economic opportunities. This has several benefits. It will present people with opportunities to engage in economic activities, thus enabling people to pay for services. It will expand the revenue base of the municipality, thus generating revenue and creating more space for local redistribution through the provision of municipal services. Many economic opportunities remain untapped in this country. Comparative advantages of various localities are not fully exploited. Unless municipalities take the lead in signaling your vision for your areas it will take us longer to achieve our goals of a better life for all. Developmental local government is also about municipalities striving to be self-sufficient. You must work hard to create vibrant local economies. Not everyone can find a job in the big cities. So, you must intervene in ways that crowd in private sector investment in your areas so that job opportunities can be created.
Those of us who are elected political office-bearers need to remind ourselves that by the nature of our constitution, and the political organisations we serve, we are itinerant. We may be dispatched to a particular work area in a particular sphere of government, but none of that is permanent. Moreover, we have no right of entitlement to the position we occupy at any given time. Our political organisations could require at any time that our skills could be needed elsewhere. This is indeed a humbling thought - some of us have occupied the same position for many years, but we must remain aware of the reality of governance in an environment dominated by proportional representation.
I raise this because it needs to inform the way we build institutions. Whilst political office-bearers are itinerant, the officials who serve us are not. We must therefore ensure that we will appoint competent and committed administrators. With vacancy rates of between 30 and 70 per cent in senior management (section 57 employees) - including CFOs and municipal managers - many municipalities will find it exceedingly hard to meet the standards of financial management prescribed by the Municipal Finance Management Act.
Add to that the fact that a sizeable number of CFOs do not have appropriate qualifications in the field of finance. For instance, we are aware of instances where people get rotated from other areas of management e.g. traffic control or human resource management into finance to become CFOs. In such instances, the financial management and accountability becomes an obvious casualty and, to all intents and purposes, municipalities fail. So if people are appointed for any other reason other than their ability to perform the job at hand the employer undermines the constitutional mandate as set out in Section 152. Furthermore, we probably need to acknowledge that the argument that we face such profound capacity constraints holds substantially less water 13 years into democracy.
This year marks the third year since the MFMA was promulgated. The record with regard to financial management is mixed. While compliance has improved insofar as meeting deadlines for submitting financial statements in time is concerned, the quality of audit outcomes is still cause for concern. Between 2003/04 and 2005/06 qualified audits for municipalities doubled.
Because people are finding it hard to meet the standards set by the MFMA, some are now calling for the bar to be lowered. We must not do that. We must use the opportunity presented by the recently gazetted "Competency Framework" and training initiatives available to build the capacity needed to comply with the standards set by the MFMA. As government we must lead by example. The fact that some among us get very defensive when we receive adverse audits sends a wrong message to those who elected us into office. It says we do not want to be held accountable. Account, we must. We must also stop the habit of not paying the Auditor General's audit fees. This is bad practice.
We have accepted, of our own free choice, to serve our people through elected institutions of government. This task will always be difficult in a developing country, especially one where the needs are as great as those that obtain here, and where the commitment of government to build a developmental state is as strong as ours. Moreover, our Constitution as strong and modern as it is, allocates powers and functions without the necessary test of capability. This is our joint responsibility - in fact, the extent to which our responsibilities are collective is in fact set out in Chapter 3 of the Constitution which details co-operative governance.
I repeat: we take this responsibility because we believe ourselves to be more than equal to the task. I said earlier, that 13 years into the life of democracy we should stop hiding behind the big shield of capacity constraints - but this does not mean that we have all the answers. Our learning must be as intense now as it was before the arrival of democracy and since then. Our restlessness to improve on our own performance must match that. We have no margin for error. Democracy will succeed, and we must dedicate to the continuous deepening of its quality.
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I want to express my sincerest appreciation to the leadership collective of FEDUSA and NACTU for the invitation to join with you in this great occasion today.
Mayday, that annual opportunity to celebrate the many victories secured by workers and that opportunity to confirm what parts of the workers struggle remain, is so important a part of us. The fact that we now can celebrate this on a public holiday is entirely by the way - Mayday, and the concerns of working people was in many respects one of the main motivators for the struggle for democracy. For this reason, we forced its celebration as a statement of beliefs, long before the arrival of democracy.
So let us confirm that we are in this together, on the same side - there is no conflict between this government and workers - we are one, we are of the same stock, and we must learn to push together and not pretend that we are adversaries.
To open the doors of culture and learning both to workers and their children. Now I suppose that we can all take out our clipboards and tick off the achievements against these commitments and then say Hallelujah! But, that would be so wrong, because it would be tantamount to declaring that the struggle is won and over. Yet, that is an inherent risk of the present favourable relationship between government and the trade union movement.
But, in case you have forgotten - long before Mayday was Workers' Day, it was a pagan festival called Beltane, the Festival of Fire! (Today, in the context of worker's rights, we can't even use that word!!). But in the interests of the festival of fire, let me put some fire in your bellies by sharing three areas of work in need of desperate action.
First, there is the area of skills. As part of ASGISA, we have launched the Joint Initiative for Priority Skills Acquisition (JIPSA) in order to boost the effort to ensure that the economy can access the necessary skills in order to accelerate the rate of economic growth. Of course, we should celebrate the fact that JIPSA is a joint response from organised labour, business and government - but that is only part of the story. The National Skills Act has vested the responsibility more squarely with organised labour and business, and we have to take stock of the performance of our SETA's. In the last three years, the SETA's spent just over R 12 billion, and this year the National Skills Fund will have R 6.5 billion of which 80% will be managed by the SETA's. Looking back over the last 3 years, we are compelled to ask how much training, and of what quality the SETA's delivered for R 12 billion. Now pause, to consider the fact that 50% of Board Members on SETA's are drawn directly from organised labour and then ask whether we are witnessing the necessary diligence in oversight from those invested with the power. In fact, I was recently quite badly affected when I learnt that some Human Resource Managers send blank pages to SETA's in lieu of Training Plans and then have the SETA staff sign off on payments. I was affected because I am of the view that the more we raise the skills of workers in this country, the easier it will be to both secure employment and generate additional jobs. Those who claim for training that has not taken place and those who sign off on blank training plans, are stealing job security from our workers. We must end these practices. So we must call on those who are deployed to represent the interests of workers on the SETA's to exercise diligence and oversight.
The second matter I want to ask for renewed energy is in respect of pension fund trusteeship. Every cent in a pension fund has already been earned by workers but retained for retirement. Yet, we continue to learn of pension funds being bankrupted, frequently by the greed of fund managers - how does this happen in an environment where, as a victory of workers' struggles, 50% of Trustees must be representatives of the workers themselves Or, we observe that half of workers who contribute to retirement funds reach retirement on a pension that is less than 28% of their final wage. We have announced huge reforms to retirement funds, including the introduction of a wage subsidy to ensure that lower paid workers have an incentive to provide for their retirement. I am pleased to announce that the discussions with the two federations participating in this meeting, is proceeding apace. I am confident that we will have the legislation in place by early 2009. But the risky period is in the present, when we have to fight complacence or a sense that legislation will prevent workers from finding themselves in a poverty trap. The time for action is now - so I want to once again plead with unions to ensure that the returns on that which workers have already invested is maximised?
The third challenge before us is to ensure that we have a highly motivated, competent and accountable public sector. This is an essential part of a developmental state since it is the guarantee of improvements in the lives of those who are most dependent on the state for resources. Here, I want to make a special appeal to the public sector unions. I accept that the relationship between government, as employer, and the unions, as representatives of public sector workers will be shaped from time-to-time by the reality of industrial relations and wage bargaining. But, if that is sum total of our relations, then we fail democracy. Public sector workers are amongst the elite of South Africa's workers - it is to our distinguished officials that we look for advice, and when decisions have been taken, it is to the same officials that we look for implementation. Because of the nature of our developmental challenge, we must ask public sector workers for additional effort. It is simply not good enough to hide behind all manner of excuses for laxity in the delivery of public services, or to justify the laziness which denies the poor, or to defend workers whose corrupt actions have stolen services from those most in need. In the interests of reconstruction and development this has to change. I am not sure why this has happened - we should look to many experiences from around the world - South Korea provides us with the most striking example. Today, it is one of the world's most technologically advanced countries - but it wasn't always that way. South Korean teachers, especially maths and science teachers put in an almost super-human effort to increase the maths and science endowment of the nation. For years, understanding that their skills were in short supply, they volunteered to teach double shifts in the interests of the nation. The rapid advance in technology is a living tribute to their efforts. Yet, South Korean workers remain highly organised and militant. So, the example of reconstruction as an expression of militancy and as an investment in the nation is there for all to see. Why should we not ask for at least the same intensity of effort And should the public sector unions themselves not be leading the reinvigoration?
So let us celebrate this Mayday, indeed we have much cause for celebration. But, let us simultaneously recommit to full partnership. Let us ensure that every worker knows that a well-functioning democracy will greatly enrich their lives; but that this democracy is not an entitlement, it has to be worked for and it has to be the product of deep and enduring partnerships. A luta! Continua!
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The Prevailing Interest Rates are applicable from the first day of the month (1st May 2007) until the last day of the month (31stMay 2007).
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Historians will have to reflect on the amazing foresight that was demonstrated in drafting our Constitution. Wewere able to drawfrom the best experiences from all over the world, but importantly, we had to take account of our own unique circumstances. Thus, in constructing a framework for our second House of Parliament, we could have opted for a Senate, a House of Traditional Leaders or even just an Upper House - we opted instead for the creation of a National Council of Provinces. We imbued the NCOP with a custodial role over our Provinces which were young, vulnerable and untested. The Constitution gives the NCOP a representative role "to ensure that provincial interests are taken into account in the national sphere of government." This responsibility is quite unprecedented in constitution-making.
The Constitution also provides a framework for Co-operative Government, a task to which it devotes an entire chapter.
adhering to agreed procedures; and vi avoiding legal proceedings against one another.
This is indeed a tall order - and the arena for the advancement of co-operative governance vests in the NCOP. All of these tasks are without precedent, the fact that we are here celebrating the tenth anniversary of the NCOP attests to that. Some of these tasks are being developed in practice, and we are developing convention to facilitate the learning. Other tasks have yet to be tested - and we can be sure that some of the testing and some of the interpretation will demand the greatest resilience and powers of persuasion. This is the environment that will always define relations between strongwilled collectives who are invested with powers and functions and who are under pressure to perform.
The key challenge in the context of co-operative governance lies in the ability to truly advance provincial interests in an environment where, of necessity, the NCOP straddles the three spheres of government - "distinctive, interdependent and interrelated" as they are; yet at the same time must mediate horizontally within the provincial sphere. Chairperson in the spirit of co-operative governance I would like to challenge the NCOP, to undertake an investigation into the affairs in Khutsong. Surely, the NCOP must be able to advise how, in the minds of some residents, one province is so far superior to the other that they wouldbe prepared to sacrifice life and limb to be in the preferred province. The situation must be mediated and I can think of no better institution than the NCOP to do it.
The Taxation Powers of Provincial Governments Act.
These pieces of legislation all assist in creating a manageable and predictable set of relations. We need to remind ourselves that whilst each sphere of government has discrete responsibilities, the provinces are at the forefront of the delivery of services that seek to reduce vulnerability, poverty and inequality. In the context of our commitment to an activist and developmental role for the state, this set of responsibilities defines the bedrock of our commitment to our Bill of Rights.
We must recognise, that unlike most jurisdictions in the world, our provinces raise only about 3.5% of their own revenues. The ratio of 96.5% of fiscal transfers is completely unprecedented. Constructing a workable arrangement for this is the real test of the efficacy of our intergovernmental fiscal relations system. In contrast, local government raises about 85% of its own revenues through local taxes and user charges. During the current fiscal year, the split between the three spheres of government of nationally raised revenues is National 50.4%; Provinces 42.4% and Local Government secures 7.2%.
Accountability and Autonomy - each sphere has specific constitutionally defined responsibilities, is accountable to its own legislature or council and is empowered to set its own responsibilities.
Good Governance - accountability of political representatives to its electorate and transparent reporting arrangements within and between spheres is at the heart of our intergovernmental system.
Redistribution - the three spheres all have important roles to play in redistribution, but because inequalities exist across the country, the redistribution of resources is primarily a national function.
Vertical Division - determining allocations to each sphere inevitably involves trade-offs through a comprehensive budget process, driven by political priorities, and which covers all aspects of governance and service delivery.
Revenue Sharing - the fiscal system takes into account the fiscal capacity and functions assigned to each sphere.
Broadened access to services - the Constitution and current government policy prioritises service delivery to all South Africans.
Responsibility over Budgets - each sphere of governments has the right to determine its own budget, and the responsibility to comply with it.
Chairperson, I would like to invite this Summit to evaluate the working of our Intergovernmental Fiscal Relationsagainst the frameworkof the combination ofour Constitution, the legislation I referred to earlier and the Principles enunciated. I am very sure that you willagree that the systemworks remarkably well underthe circumstances.
But all of that refers to the easy parts. Let me draw attention to three of the matters that continue to test the arrangements for co-operative governance.
Policy making and budgeting for concurrent functions In any system of cooperative governance there are inter-linkages between policy making and resource allocation where cooperation gets tested to its limits. Our constitution makes certain functions concurrent - education, health, welfare, housing etc - to name a few. My colleagues in these national departments are primarily responsible for policy formulation while provinces are supposed to allocate budgets and effect implementation.
It is public knowledge that concurrence is one area where the system has encountered some challenges. Accusations of unfunded mandates or misalignment between policy and budgets abound. The design of our system has an inherent tendency to lead to this tension. Typically, a minister responsible for a concurrent function would ask for resources for a policy priority, for example "no fee schools". If such resources are granted through the division of revenue process that does not guarantee that such a policy would be funded to the extent she/he would prefer it to be. Subsequent (and indeed legitimate) decision making processes might see less or no resources allocated to that priority. To all intents and purposes a provincial executive can request its legislature to appropriate its share of the equitable share differently. Hence many national departments prefer earmarked allocations for their priority policy programmes. This, in effect, takes away "autonomy" and discretion from the province and thus reduces their sense of ownership of the programme and accountability.
This is one area that we need to think about in the future. The system does need some innovation if are to circumvent both a set of failed policy initiatives, or a Division of Revenue Act that will each year be dominated by a myriad of conditional grants.
The assignment of powers and functions Secondly, and not unrelated to the first point, is the issue of the assignment of powers and functions between spheres. Again, my appeal is that we draw on the experience of the last decade to determine whether the current configuration of powers and functions naturally lends itself to more efficient and effective delivery of services to our people.
The appeal is for an objective look at the reality that some of the functions may not be assigned to the spheres that are best suited to perform them (housing is one good example). It should be within the capacity and mandate of the NCOP to raise matters and then debate them. If the final outcome of such debates requires amendments to the schedules of our constitution, then we have to respond to such challenges maturely.
And, whilst on the subject of debate, I cannot think of any reason why I should not echo the views of my colleagues Ministers Lekota and Mufamadi about the number of provinces. I believe that the country does not have an adequate skills endowment to staff the multitude of institutions we have created. It is in this context that we must look at the number of provinces as well as the assignment of powers and functions.
Oversight and accountability The third area where our system needs review is in relation to oversight and accountability.
Firstly, we have to explore how to enforce accountability for performance more vigorously in the context of our intergovernmental system. Again, this becomes more difficult in relation to concurrent functions. For instance would it be entirely unreasonable for an MEC to argue that his/her department failed to implement a particular policy because the policy was bad in the first place And what is our collective responsibility in such a situation?
Secondly, as evidenced in the work of the Select Committee on Finance, the question of which institution is most appropriate for certain organs of the state to account to.
NCOP to account for their spending and performance. We cannot ignore such developments since they are likely to reoccur and create frustrations both in the NCOP and in the affected provinces. Again, I want to invite this Summit to take a long view on the risk of contradictions that may arise.
Chairperson, we have learnt many valuable lessons in the first ten years of the existence of the NCOP. And the story of the practice of co-operative governance must be told. Yet, we have to remain humble about the unfinished business. As I indicated earlier, some aspects of our commitment to co-operative governance will be tested in a crucible that will be far less congenial than the relations we enjoy now. In raising the three challenges that test our resolve, I express the hope that we can circumvent difficulties by our ability to anticipate and remedy them long before they present as crises.
I wish you well in these glorious celebrations.
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There have been enormous changes in the wine industry over the past decade - influenced in no small measure by agricultural marketing reforms, opening up of export opportunities and restructuring of the role of the KWV from about 1997 onwards. Red wines have increased from 15 to 40 per cent of the total - signaling the steady march forward of civilization; exports have climbed from 12 per cent of production in 1994 to 45 per cent - the relentless trajectory of globalisation; production costs have increased from something like R6500 a hectare to over R20 000; production revenue has increased to something like R3 billion a year and I understand that profitability remains a fondly-imagined distant possibility.
But I think we all know that the transformation we have seen over the past ten years has been just the preparatory phase for the challenges and opportunities of the decade ahead. So you will surely agree with me that the establishment of the South African Wine Council last year, the formation of the Industry Trust and associated initiatives in marketing, research and industry development represent most welcome and timely interventions. I am honoured to have been invited to join you at this inaugural Freedom Day lecture. Let me begin by expressing appreciation for the wisdom and foresight of those who did the groundwork in bringing the industry together in these new institutions. Professor Asmal has shared with me his address at the Vinpro Information Meeting in January this year, and instructive papers by several participants. Clearly your debate on challenges and opportunities is already well under way, and before long you will all, together with old Father William, be standing on your heads.
This is all for the good, because it helps to look at things upside down from time to time. Of course I can't do your strategic planning for you, but perhaps I can propose a few wrong-sides up perspectives.
The January meeting correctly indicated the two great challenges before us: market development and broad-based empowerment.
Let's start with growing the market. I understand that you have identified the United States as a key target market for the period ahead, and quite rightly, because US sales are hardly above 3 per cent of South African wine exports at present.
But the great project of reconstructing American consumption habits should not be under-estimated. When a nation has developed a long historical preference for fast-moving industrial beverages, it is hard to advance the cause of the noble contemplative arts.
I can probably only tell you what you know already about the export marketing challenge that lies ahead: there is over-production of wine worldwide, China is planting 100 000 hectares of vine a year, our industry is fragmented and production quality cannot entirely be managed or predicted, with some 600 or so estates and labels it is hard to coordinate and consolidate South Africa's marketing efforts internationally.
But in marketing especially, the upside-down view is the right perspective on the problem. From the global consumers' perspective, South African wines are just beginning to come into view. If we can succeed in expanding that view, then the global wine lake recedes into insignificance. And so we need to ask what it is that keeps our wines in view, in mind, on menus, on order lists, on investment portfolios.
Wines of South Africa has got off to a great start as a collective marketing initiative, and its work in packaging and positioning our brands internationally is clearly central to the market development challenge. This is not just an advertising account, it is the much more difficult and organizationally demanding project of constructing a partnership across some 60 cooperatives and 500 private cellars, and of collectively branding up to 4 500 distinct products.
Expanding the visibility of South African wines in the view of the consumer is about penetrating the fog of confusion that accompanies information overload in the global product market. Selling South African wines requires a clear and consistent message, and clarity of message requires an industry that works together and combines its resources effectively.
What should be the content and strategic focus of our marketing efforts Those are questions I can't answer, and they need detailed and careful review. I can't even help very much on how you should consolidate financial resources for an expanded marketing strategy, except to say that it can be done and it is a lot better that it should be done by the industry acting collectively than by government department acting on your behalf?
But I can say this, because the broad principles of growing an industry are not dissimilar to the challenges we face in growing the wider South African economy. You have to take a long term view, you have to think ten, twenty, thirty years ahead; you have to let the numbers and the analysis speak and be wary of pat answers and sweeping judgments; you have to listen to the experts and let the debate unfold even if it leads in uncomfortable directions; you have to confront barriers and difficulties boldly and forthrightly.
There are also several pressing challenges, globally and domestically, that your industry unavoidably shares with other sectors and indeed with wider humanity.
Environmental considerations are already recognised in your Council's agenda and have come to the fore in various projects, on individual estates or jointly. Effective and responsible management of water is an issue that I know Professor Asmal will keep under close scrutiny. Habitat conservation, and the appropriate balance between adaptation and preservation of the landscape that is under your trusteeship, may appear in the short-term to be complicating and cost-raising factors. But these are also central aspects of long-term sustainability and they bring at least some opportunities for diversification that holds commercial potential.
Research and technology improvements are important elements in long-run industry development, and in this respect as in the environmental arena, I am mindful that there is scope for better cooperation between industry and government. We have considerable strengths on which to build - good research facilities and excellent university resources, sound environmental legislation, for example. I am advised that in the SA Wine and Brandy Company's 2006 submission to the Ministerial Review Committee on Agricultural Marketing, several recommendations were made for improvements in research cooperation, in combating crime and fraudulent activities, addressing congestion or delays in the ports and speeding up international negotiations that affect market development, amongst other matters. Ongoing and better focused dialogue between industry and government is the key to making progress in these areas.
I understand that the industry submission also proposes that the excise duties on wine are excessive. This is a view that enjoys my sympathy, and I will pass on the concern to my officials. But I need to caution that on these matters industry objections and Ministerial sympathy are not always sufficient to counter the weighty advice that the Treasury musters each year when it comes to constructing the annual budget.
Tax is just part of the larger framework of control over the use of alcoholic beverages, but it is a reminder that we still have some way to go in addressing issues of social responsibility in this industry. We should think of this as part of both the empowerment and social transformation agenda and of market development in its more inclusive long-term sense. I have in mind both the general contribution of the wine industry to promoting responsible drinking and to the more specific challenge of addressing alcohol abuse on farms and its various effects, which include the continued high incidence in the Western Cape of foetal alcohol syndrome. I believe the industry needs to act more decisively in this area and should not shrink from doing so publicly, in partnership with other roleplayers.
But the positive sides of empowerment and social investment also need more visible expression and public discussion. Housing, access to education and health care, deliberate interventions focused on the quality of schooling, training and business partnerships, co-ownership and joint ventures with new entrants to the wine industry - are all contributing to building a South African future in which growth and opportunities are shared. Progress in these activities needs to be accelerated.
Although individual efforts on farms and in factories and local communities will always play a prominent role in the progress of working conditions and social advancement, collective undertakings also have their place. I am mindful that government, for its part, has concentrated efforts over the past decade on policy and programmes of general application. Indeed in several respects we were Constitutionally bound to take this route.
But in the decade ahead, we need to recognise also that social progress will depend increasingly on adapting development programmes to the particular circumstances of different industries and communities and groups.
In the challenge of building a broad-based social security system that contributes to improved unemployment insurance, survivor benefits and retirement savings for working people, for example, we are going to have to confront the particular difficulties of accommodating seasonal and irregularly employed farm workers.
In the challenge of creating job opportunities for rising numbers of young work seekers we clearly have to do much better at adapting training and further education programmes to both the sectoral and industrial skills shortages that are emerging and the shortcomings of the school system at present.
In the challenge of building welfare services that meet people's practical social needs we have to adapt to the impact of HIV and Aids on families and communities, but also to the particular kinds of social fragmentation or dysfunctionality that characterise Western Cape farms or townships.
In the challenge of building industries that can grow and compete successfully on the global market, we have to locate the particular technological shortcomings that may be holding back progress or the logistical bottlenecks that interfere with more streamlined market access or the special skills requirements that need to be met through a new training or education programme.
In the challenge of constructing a public administration that adapts to modern requirements we have to invest in IT systems that actually work and municipal planning processes that keep pace with residential and commercial and industrial development opportunities.
And in the challenge of managing a faster growing economy, we have to find the right ways of ensuring that marginalised people are not left further behind, and that the benefits of growth reach those without skills or education, reach rural villages and congested townships; that constructing universal access to the internet does not come at the expense of universal access to sanitation.
The challenge before us is no less than this: to give considered, intelligent, practical effect to both market development and empowerment across an increasingly broad array of social and economic opportunities. That is what growth brings: more opportunities; greater challenges. Building a future in which freedom is fully enjoyed by all remains a formidable challenge for us all. But with the right institutions in place, and with the kind of leadership that can bring together those who need to work together, I know that the wine industry can play its part, and more.
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A double taxation agreement seeks to facilitate investment flows between countries by providing certainty with regard to the tax treatment of income generated by such investments. Double taxation agreements therefore aim to eliminate the double taxation of income or prevent the non-taxation of income arising in one State that accrues to residents of another State.
This South Africa - Switzerland double taxation agreement is an update of a previous agreement, signed in 1968, to take account of changes in the tax codes of both countries.
<fn>GOV-ZA.2007050802En.2012-02-10.en.txt</fn>
The Republic of South Africa (the "Republic") announced today a transaction designed to enhance the profile of its international debt. Holders of the Republic's four U.S. dollar-denominated bonds due 2009, 2012, 2014 and 2017 are invited to exchange these bonds for a new U.S. dollardenominated bond or tender for cash, while holders of the Republic's Euro-denominated bonds due 2008 and 2013 are invited to tender these bonds for cash. The new U.S. dollar-denominated bond will be open to cash purchasers and will serve to extend the Republic's maturity profile in the international bond markets. As a whole, the transaction will have no impact on the amount of the Republic's debt in the international markets.
enhance the maturity profile of the Republic's international bonds, via a debt-neutral transaction set a new U.S.
The Republic has appointed Barclays Capital (in association with Absa Capital) and Citigroup as Joint Dealer Managers for this transaction, following a selection process among the Primary Dealers in the South African domestic government bond market. Absa Capital and aloeCap are working with Barclays Capital and Citigroup on the transaction.
For further information, please refer to the contacts overleaf, or contact Thoraya Pandy from the National Treasury of the Republic, on +27 12 315 5944.
Holders of the Republic's U.S. dollar-denominated and Euro-denominated bonds should carefully review the Prospectus Supplement dated 8 May 2007 to the Prospectus dated August 20, 2003 and consider the risk factors discussed in the Prospectus Supplement, before deciding on what action to take. The transaction is subject to various conditions, as set out in the Prospectus Supplement, including a prioritisation mechanism for the existing bonds.
This communication shall not constitute an offer to sell or the solicitation of an offer to buy nor shall there be a sale of the securities referenced in this communication in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction.
This communication is not an offer of securities for sale in the United States. Securities may not be offered or sold in the United States absent registration or an exemption from registration. Any public offering of securities to be made in the United States will be made by means of a prospectus that may be obtained from the issuer or selling security holder and that will contain detailed information about the company and management, as well as financial statements.
The Republic intends to register the New Notes in the United States.
The transactions, including distribution of materials relating to the transactions, are restricted by law in certain jurisdictions. If materials relating to the transactions come into your possession, you are required by the Republic to inform yourself of and to observe all of these restrictions. The materials relating to the transaction do not constitute, and may not be used in connection with, an offer or solicitation in any place where offers or solicitations are not permitted by law.
Copies of the Prospectus Supplement may be obtained from the Information and Exchange Agent. If you are in Luxembourg, copies of the Prospectus Supplement may be obtained from the Luxembourg Exchange Agent.
Telephone: (00352) 421.22.
Facsimile: (00352) 47.31.
<fn>GOV-ZA.2007050901En.2012-02-10.en.txt</fn>
Allow me to thank you for inviting me to address you today.
We celebrate today the accurate forecasting of certain data, and this is an important exercise. Fiscal policies, decisions about interest rates, the values of foreign currencies, and countless other observable and unobservable variables affect the future values of key data. Forecasting any of these is no mean task. I want to take this opportunity to push the boundaries of what we normally think of as the job of economists. We need to recognise the importance of pushing our limits, of identifying and testing new relationships, of finding causal linkages between economic outcomes and inputs of lessclear, social and political origin. In particular, given our regional and domestic economic context we need to work harder on drawing out the links between institutions, their effectiveness, what goes into creating them, and the ways in which they affect long-term economic outcomes.
Because institutions and their governance have a temporal dimension covering many decades, they provide a critical tie between how we think about South Africa's present economic conditions and South Africa in the long-term. Institutions are also critical to how we manage integration with the world economy, and in particular how we as South Africans think about building the foundations for more rapid economic growth in the Southern Africa region in the context of globalisation. It is in this area - the challenge of growth for Africa - that I want us to stretch our thinking.
Globalisation presents a critical challenge to sound institutional development and economic governance in all states, and in particular African states. The heightened sense of challenge one gets in Africa arises from two systemic fragilities - the role of the state in growth and the weaknesses of regional African institutions.
In the context of inconsistent growth and widespread poverty, the globalisation challenge can tip states in the wrong direction - away from good governance, effective regulation, and pro-growth policies and toward rentseeking, the stifling of the private sector, and the further weakening of already inadequate social policies and institutions.
At the same time, Africa has been slow to develop the sort of international institutions capable of assisting in the policy and sectoral adjustments needed to benefit from globalisation. Regional institutions and arrangements have also lacked the institutional capacity to offer external support to adjustment or to create the large-scale infrastructure projects to support market creation. And that weakness is often mirrored by the cautious approach of many African states to perceived losses of sovereignty incurred by regional integration.
In both of these areas, however, Africa is making great strides. The open question, and one which will influence global economic issues for decades to come, is whether further progress will be made on the creation of an international environment that is capable of supporting our efforts.
One of the larger challenges posed by globalisation is the extent to which governments need to adjust macroeconomic and/or microeconomic policies to achieve more rapid economic growth in an environment of open markets.
For African countries, that challenge assumes giant proportions. Most African economies retain fairly high trade barriers, largely due to weaknesses in revenue collection from other forms of taxation, whose reduction would require significant economic adjustment in the domestic economy. Added to the adjustment consequences of liberalising trade policy are the effects of even small financial imbalances. Public and private regulatory institutions and market structures are often not sufficiently developed and deep to weather the effects of poor policies and exogenous shocks.
These brief considerations give rise to a few tentative ideas. First, African economies will remain highly sensitive to the role of multilateral institutions and donors - financial flows need to be handled delicately to avoid severe economic repercussions.
And, second, that multilateral adjustment programmes need to be more holistically conceived than they are at present. Dani Rodrik has pointed out the importance for growth of microeconomic policies that facilitate the shifting of people from old and non-competitive industries to new industries and new forms of economic activity.1 Such policies entail assertive re-skilling, high quality education, and access to social and other forms of capital in open environments in which individuals can take advantage of new economic opportunities.
In other words, economic growth is a function of both prudent macroeconomic policies (low deficits and inflation and manageable debt levels) and microeconomic policies that facilitate adjustment through the provision of social capital and opening up of economic opportunity - especially to the poor.
For African states to balance the distribution of economic burdens and opportunities requires creativity and active, capable state institutions - governance reforms and technical capacity building should go hand-in-hand. The challenge posed by globalisation is that as policy makers we must constantly grapple with the new pressures and changes of our environment - new areas of policy, new regulations and institutions all confront us every day. And some times, of course, the pressures become very great and we do nothing, taking refuge in the idea that we are sovereign and using the threat of its loss as a means of defending our inaction.
To overcome our aversion to regional and global institutions, it seems critical that we recognise that collective state action need not reduce sovereignty. Indeed, it seems to me that the European experience of integration suggests that national sovereignty may be enhanced through integration, despite the piecemeal loss of sovereignty in some areas. When applied to the pressures of globalisation, this thesis seems to me to hold even more strongly -globalisation can be addressed in regional and global institutions in such a way as to increase the power of states and better reflect the social and economic preferences of their citizens.
Despite international economic turmoil, economic growth in Africa is expected to average over 5% this year and between 6 and 7% next year.2 This is more than twice the average growth we achieved from 1984 to 1993.
1 Dani Rodrik, "Development strategies for the next century" February 2000.
2 See Regional Economic Outlook for Sub-Saharan Africa, April 2007, IMF.
Macroeconomic stability is being consolidated, with average consumer price inflation rising by about 7.2% in 2006 down from 9.7% in 2003 and 13.2% in 2001. Underpinning these improving inflation figures are our fiscal balances, which have declined from -5.2% of GDP in 1994 on average to a surplus of 1.5% in 2005 and 4.1% in 2006.
But we are unlikely to reap the rewards of more rapid economic growth with only macroeconomic stability. Growing our economies requires us to create and support effective regional institutions that are credible interlocutors for national governments. This means that they are backed by appropriate economic and political governance mechanisms, both internal to the regional institution and at the national level.
Our model is one of an active, accountable state, dependent on appropriate and non-distortionary revenue generation to provide the means for individuals to engage in economic activity in markets - and where people are unable or incapable of doing so, to provide a standard of living. As I said in this year's budget speech, we do this, consciously, as a choice of this government because without a powerful countervailing force, the shadow of history will dictate opportunities, entitlements and outcomes. That model depends in turn on well-regulated markets in which the private sector invests, produces, employs, and competes. To my mind, that is a very special partnership, and one which informs NEPAD, and in particular the move toward peer review and use of standards and codes in Africa. Such a state can work in partnership with the private sector to unlock rents, expand economic activity and reduce poverty.
I want to conclude my talk with some comments on what increasingly seems to me to be a prerequisite for a supportive international economic environment. That is, to complete the reform of the international financial architecture that was given so much energy by the Asian crisis.
The logical extension of the new role of emerging market economies and other developing countries would have been to reform the governance of multilateral institutions to enable them to take part in the decision making of those bodies. Not only would this strengthen reform efforts, and thereby reduce the contingent costs of future crises, but would also strengthen the legitimacy of those institutions in other parts of the developing world.
In a world of volatile capital flows, powerful financial markets, and destabilizing macroeconomic policy decisions, it seems only a matter of time before the major financial contributors to the IMF and World Bank recognise the prudential character of reform as financial costs grow ever higher.
We should keep in mind that there are many more actors on the international financial and economic stage today and there will be even more tomorrow - common interests might be more difficult to define in our developing plurality but they are no less critical to our common future.
<fn>GOV-ZA.2007051601En.2012-02-10.en.txt</fn>
The performance of the South African economy has created a solid investor base in South African Government bonds. Early this year the pursuit of active foreign debt management resulted in the buy back of USD263 million of the 2017 USD500 million bond.
Today we are announcing an additional buy-back of USD1.217 billion equivalent of foreign debt. Of this amount, one billion dollars of the foreign debt will be financed with the proceeds of a new USD1 billion bond maturing on 30 May 2022. The remaining balance of USD217 million equivalent will be financed from Government's own internal resources. There was an overwhelming demand for the new debt issue which signifies South Africa's solid investor following.
The net effect of this transaction would be a reduction of foreign debt as a proportion of our total debt portfolio. In addition, short-term foreign debt would be reduced by an amount of USD 1.121 billion, which reduces the country's external vulnerability. This will also result in the reduction of the state debt cost that releases resources for Government's key priorities.
72 bps over the UST due 2017.
The new issue was priced at 120 bps over the 10 year US Treasuries. The issue yield is 5.912%, the coupon is 5.875%, and settlement is on 30 May, 2022.
This will be the lowest rate that the country has ever achieved in the Dollar market and highlights the demand for the South African credit. South Africa continues to enjoy the benefits of prudent macro economic policies.
For media related queries please contact Thoraya Pandy on 0824168416.
<fn>GOV-ZA.2007051702En.2012-02-10.en.txt</fn>
Honourable Trevor A.
As we chart the way along our developmental path we are mindful of the virtue and curse that comes with living during interesting times.
African economies continue to sustain the growth trajectory of previous years - recording an overall real GDP growth rate of 5.7 percent in 2006 compared to 5.3 percent in 2005 and 5.2 percent in 2004. Twenty-eight more African countries recorded improvements in growth in 2006, relative to 2005. Three years of robust growth in Africa are underpinned by improvements in macroeconomic management in many countries, and strong global demand for key African export commodities - crude oil, metals and minerals. In 2005, oil-exporting countries ran average budget surpluses of 7.
1.6 per cent.1The macroeconomic performance across the continent has never looked better.
These interesting times present us with exciting and complex challenges. Many of us have made remarkable progress in translating our political, social and economic blessings into gains that are used for the good of our people. But there are still isolated cases where the interesting times are turned into a curse. One of these curses is the fact that commitments to ODA by our Northern partners, to double ODA to Africa by 2010 have not been met - rather, ODA flows in 2006 show a marked decline on the previous year.
1 Economic Report on Africa 2007 the benefits are shared. While improved management of public finances and budgeting provide us with the framework to use additional resources for the good of our people, these exciting times also pose an additional impetus for skills enhancement and the translation of the macroeconomic good into innovative microeconomic reforms. This demands a better understanding of both our capabilities and of the market, and an unwavering discipline in contracting, especially with larger partners.
This is a two way process that places a responsibility on our partners as well, but will be influenced by our own approaches to facets such as integration and opportunities.
Under the stewardship of Dr Kaberuka and the advice of former President Joachim Chissano and former Prime Minister Paul Martin, our Bank has launched an ambitious process to consult shareholders and clients on institutional and strategic policy reforms. I have confidence that this process will assist in placing the Bank in its rightful place, at the helm of the developmental agenda of our continent.
As a shareholder, South Africa will continue to ensure that the transformation of the Bank is not only about the way that accounting records are kept, but also about its vision, its priorities and choices, its ability to attract resources, and modalities that are capable of supporting projects that range from the €6.4 million lent to Fabulous Flowers in Swaziland, to the US$500 million to support financial sector reform in Egypt, to the multibillion dollar energy projects awaiting finalisation.
But the transformation of the African Development Bank is also about ownership and representation. Transformation of our bank must include the resonance of the African voice, its geographic representation and shareholder oversight. We must afford ourselves an opportunity both to overcome the colonial legacy that continues to divide us, and to demonstrate that what we desire is to construct a model of representativity and voice to hold up to other multilateral institutions. As part of the efforts towards the modernization of our bank, I want to ask that time and energy is committed to this task and that we return with clear proposals by the time of our next Annual Meeting in Maputo next year.
The development we seek and attain across our continent will be a function of the quality of our organization. The way the Bank responds to the developmental challenges of Africa must be informed by the changing way in which the world now interacts. A world where the barriers of plunder, war and political intrigue are slowly giving way to partnerships, opportunities for economic stability, growth and the continued prosperity of citizens. Our hosts have shown that it is possible, through a re-engagement with the world under a new set of rules, that their economy is able to emerge at a phenomenal growth rate.
And unlike what many in the world may believe, China's engagement with Africa pre-dates the advent of colonialism. The sea voyage of Admiral Chang Ho in 1402 expanded on the trade, diplomacy and cultural exchanges begun between Africa and Asia from about the 9th century. If there were any doubts, the Chinese fleet that mapped Africa's coastline on both the Indian and Atlantic Oceans in 1421 left markers from Mogadishu in modern day Somalia to Jamela in Cabo Verde. The trades on these voyages were mutually beneficial, premised on the 'tribute' system that has been integrated into Chinese economic partnerships for over 600 years.
In contrast, from the 17th century onwards, Western expeditions to Africa left the scars of plunder, slavery, wars of domination and colonial rule. We should not let the experience of our colonial past erode from our continent's memory a time when we exchanged wares for goods that were desired, and we were not forced to be the mere producers of raw material for the exclusive benefit of others.
Governors, just over a year ago in Ouagadougou I stated that the developmental challenges facing Finance Minister were formidable. The good news is that the challenge remains - only it has become far more complex. The difference between then and now is that we now have the fiscal space to win decisive battles against poverty, without having to go to war.
<fn>GOV-ZA.2007052401En.2012-02-10.en.txt</fn>
In our consideration of the budget votes of the Finance Ministry, in both the Portfolio Committee on Finance and the National Assembly, we are unavoidably called upon to reflect on a wide array of subjects and perspectives. What sense are we to make of the complex interplay between more rapid economic growth and the challenges of poverty reduction and addressing what appears to be a global trend towards widening income inequality and wealth Are we adequately engaging with the dramatic shifts in power and economic influence associated with the rising strength of China and the new momentum of international capital flows, and in particular their influence on Africa and Southern Africa Have we found the right balance in our own financial and economic development path between the forces of enterprise, trade and private initiative, and the regulatory constraint of the law, protection of consumers' rights, assurance of institutional integrity and investment in public infrastructure and services In so far as our policies and programmes rely on evidence and statistics and analysis, do we have sufficiently robust and regular data collection systems, are our definitions of income and poverty and employment appropriate for our circumstances, and are we asking the right questions and using the right methodological tools Do we know what contribution our spending programmes are making to meeting the needs of children or pensioners in the villages of Uthungulu or the Bophirima district of North West; do we understand the impact of our micro-finance support programmes, can we quantify the contribution of catchment management agencies to ensuring sustainable water services; have we examined the long-term impact of climate change on our agricultural prospects or energy sector plans?
These are not questions to be answered in today's debate, nor are they issues that will be resolved through the work of the Ministry of Finance or Government this year or next, these are not projects or case studies that we can expect to complete, close and file away. But we have to keep asking questions of this kind because we need to continuously make progress in understanding and engaging with our long-term development challenges. In asking this House to approve budget allocations for the National Treasury and Statistics South Africa, I am mindful that the work of the Ministry of Finance is in part about empowering Parliament and the people of South Africa to engage more fully and actively in debate on our policies and programmes and to exercise effectively the oversight role that democracy and progressive governance requires.
I know that members of this House fully appreciate that these spending commitments involve substantial practical and administrative responsibilities and also profound and sometimes controversial questions of policy, strategic intent, institutional design and management of change and complexity. These departments and the Revenue Service and other agencies overseen by the Ministry of Finance do many things, and in presenting their plans for the year ahead these activities are broken down into various discrete clusters, programmes and sub-programmes. But it is in the inter-connectedness of these activities that the challenges are to be found. By way of example, let me say a few things about an important transaction that the Treasury debt management team completed last week, seemingly a straightforward exercise in liability management, but one that illustrates a range of overlapping responsibilities and consequences.
We indicated in the Budget Review in February this year that we would not need to raise additional finance in the international capital markets over the next two years. However, active foreign debt management remains an integral part of our financing strategy. On the 16th of May we announced a buy-back of foreign debt amounting in total to US$ 1.217 billion, of which US$217 million was financed from internal resources and US$1 billion has been financed with the proceeds of a new bond maturing on 30 May 2022. Our aggregate foreign debt has therefore been reduced, and its maturity considerably extended, on terms that represent the lowest cost of capital that South Africa has yet achieved in the dollar market.
As an exercise in active debt management, this brings about a further lowering in the costs of our debt, and contributes to releasing resources for spending on social and economic development. As a broader financial and foreign exchange transaction, it provides a long-dated benchmark for the wider capital market and contributes to reducing the economy's external vulnerability. But we need to understand that there is much more to this than just a liability restructuring in mid-2007. That we were able to conclude this deal is in part a result of the macroeconomic and fiscal framework that has been in place since 1996. It is in part a consequence of the fact that we are now running a budget surplus. It relies on the progress we have made in consolidating a solid investor base in South African bonds and it reflects the confidence foreign and domestic investors have in our consistent, forward-looking approach to promoting economic growth and social development within a responsible and sustainable fiscal envelope.
In a very practical and measurable way, the issue yield of 5.912 per cent achieving in pricing this new foreign bond is a simple indicator, a temperature gauge, in our much more complex and multi-faceted partnership with the global community and the investment markets. A sovereign bond is in one sense a very definite and contractually precise public-private agreement, but there is another sense in which its terms are not limited to its legal and financial fine print but also connect with the wider growth and development project, the entire transformation charter that describes our economic and social objectives and programmes.
Members of the House will understand that there are both explicit and implicit dimensions to these linkages, that our social contract is partly about practical things that we do and partly about shared values and beliefs, partly about things that we agree on and partly about a diversity that we acknowledge and respect. Members of the House will appreciate also that our social trajectory is not a simple linear progression: economic growth has its costs, its congested roads and its complications; some businesses prosper, others decline; new systems sometimes fail; there are setbacks in the fight against crime; there are failures of governance and inadequacies in our regulatory vigilance. There is much to be done to strengthen our social and economic development path, and there is much to be done to improve the terms and conditions, the countervailing management of risks and responsibilities, of our partnerships with industry and the international community.
Some of these issues will come under special review under the theme 'Sharing: Influence, Responsibility, Knowledge' which has been adopted for the meetings of the G20 finance ministers and heads of central banks to take place in South Africa in November this year. I know that Members of Parliament and of the Portfolio Committee on Finance in particular share a keen interest in issues that will be on the agenda of the G20 consultations, and indeed our preparation for hosting the meetings has already benefited from the views and concerns on international cooperation and development that have been ably articulated in the House in recent times. Let me share with you a few thoughts on the challenges that the international financial community currently faces.
The G20 is a body that promotes open and constructive discussion between industrial and emerging-market countries on key issues related to global economic stability. By contributing to the strengthening of the international financial architecture and providing opportunities for dialogue on national policies, international co-operation, and international economic and financial institutions, the G20 consultations help to support growth and development across the globe.
South Africa has already launched a vigorous and detailed work programme for our year as chair. It focuses on three major policy objectives: firstly, to make progress in reforming the IMF and World Bank, so that we are able to enhance the representation and voice of emerging markets and developing countries in these institutions; secondly, to develop a framework for analysing the impact of global commodity price booms on financial stability; and thirdly, to develop a better understanding of how advanced and emerging market economies in the G20 can create the fiscal space needed for greater social and economic investment, cooperation in addressing global public goods and more effective public service delivery.
South Africa is the only African member in the G20 and in line with our commitment to the development of our continent, we added to the work programme two workshop themes of significance to the continent. This is to ensure that the chairing of this prestigious forum by an African country brings lasting benefits, by bringing together African policy-makers and G20 officials.
Thus far, excellent progress has been made with the G20 work programme for 2007. In early-March, South Africa and Brazil co-hosted a G20 workshop on Bretton Woods Reform in Rio de Janeiro. Participants included officials from G20 countries, representatives from the IMF and World Bank and several academic specialists. The objective of the workshop was to discuss the ongoing process of reform at the Bretton Woods Institutions, and to build consensus towards the completion of the second phase of reform at the IMF by the Annual Meetings of the IMF and World Bank in 2007.
On 23 March, we hosted a seminar in Pretoria to offer a fresh look by African and G20 policy makers at ways of improving the effectiveness of aid in the context of the current broader global dialogue and the existing global commitments such as the Paris Declaration of 2005. The discussion highlighted the challenges, gaps and innovative approaches needed to take the aid effectiveness debate forward.
Also in March, the South African Reserve Bank hosted the Meeting of G20 Deputies. The Deputies met to discuss a range of policy issues of ongoing interest to the G20, including the reform of Bretton Woods Institutions.
More recently, as part of our 2007 work programme, South Africa contributed to a workshop held in Washington DC on commodity cycles and financial stability. Looking to the future, we are working with the government of Turkey to bring together some of the world's leading policy makers and practitioners on the subject of fiscal elements of growth and development, for a workshop to be held in early July. Preparations for the second G20 Deputies' Meeting, as well as a second high-level African policy seminar, both scheduled for early-September in Durban are ongoing. The African policy seminar will focus on fiscal elements of growth and development. We are also working with the World Economic Forum and the Reinventing Bretton Woods Committee, to include a special workshop to coincide with the September meetings of the G20.
We are engaging extensively with the advanced countries and emerging market economies in the forum to ensure that a fairer and more balanced set of representation arrangements can be achieved by the time of the 2007 Annual Meetings. These include a new quota formula, an increase in basic votes for the poorest economies and a second ad hoc quota increase for the dynamic emerging markets.
More broadly, there is work in progress on the challenges of regional integration in the Southern African Development Community (SADC), and the related need to review the South African Customs Union (SACU) revenue-sharing formula. We have recognised the need to develop a better understanding of the economic links between African countries and to give greater impetus to shared efforts to achieve the Millennium Development Goals.
Let me turn to the particular roles and responsibilities of the National Treasury. Members of Parliament need no reminding of the role of sound financial management, the role of oversight and accountability, as a foundation of public service delivery and in providing checks and balances against abuse of public resources. Improved public financial management has a central part to play in our commitment to fighting poverty and vulnerability, in accelerating investment and economic growth, in creating functional courts and effective protection services.
The activities and financial responsibilities of the National Treasury are organized into nine programmes for the 2007/08 year, as set out in the Estimates of National Expenditure. Alongside a core administrative programme, there are five programmes dedicated to operational and policy responsibilities and three that provide for transfers to provinces and municipalities, specific grants, pensions and post-retirement benefits, international obligations and funding for various agencies and institutions.
The Treasury's Economic Planning and Budget Management programme brings together policy-related work, planning, expenditure monitoring, financial management support and intergovernmental fiscal responsibilities broadly related to the preparation and implementation of the annual budget.
There are several key focus areas for the period ahead. Projects such as the infrastructure delivery improvement programme (IDIP), the Siyenza Manje initiative and the mobilisation of both public and private investment in areas such as housing, hospital revitalisation and the development of residential neighbourhoods will contribute to the acceleration of infrastructure delivery. Other priorities include monitoring the various projects involved in preparing to host the 2010 FIFA World Cup, contributing to transport planning and the development of bus rapid transit projects in major cities, accelerated investment in road and rail infrastructure, improving our understanding of the long-term development of the energy, transport and communications industries, better public sector infrastructure and buildings management and assessment of various sectoral and industrial development strategies.
The Asset and Liability Management programme involves government's cash management framework, domestic and foreign debt management, governance and oversight of public entities and their financial obligations and management of guarantees and other contingent liabilities. As members will be aware, our costs of borrowing have been significantly reduced through sound fiscal management and a forward-looking borrowing strategy, contributing to steady improvements in South Africa's financial standing and associated benefits to both public and private sector borrowers. In the coming year, further reductions in short-term debt will be sought, as part of a broader strategy aimed at lowering annual debt costs and providing appropriate protection against possible financial shocks.
A review of the treasury operations of several public entities has been conducted, and a review of South Africa's development finance institutions is under way in cooperation with other departments. Our aim is to clarify the appropriate role of government lending agencies as part of the institutional architecture of a developmental state, and in the context of the shared responsibilities for broadening access to finance and deepening social infrastructure investment envisaged in the Financial Sector Charter.
The Financial Management and Systems programme includes important responsibilities related to public sector supply-chain management, coordination of government procurement arrangements with the requirements of the broad-based black economic empowerment policy framework, development of improved financial systems for national and provincial government and coordination of the implementation of the Public Finance Management Act of 1999. Development work on the new integrated financial management system is reflected in marked increases in spending on this programme over the MTEF cycle.
Last year we announced that work was in progress on a framework of formal qualifications for municipal financial management from entry-level to post-graduate standards. I am pleased to report that draft regulations were published in February this year and introduced to municipalities through a programme of workshops throughout the country over a two month period. These regulations were published with detailed accompanying guidelines for each category of financial manager. We must also at this point thank the Portfolio Committees on Finance and Provincial and Local Government for their contributions to the draft regulations and this important capacity building process.
The core function of the Financial Accounting and Reporting programme is to assist Parliament in exercising its oversight over public financial management in the broader public service. The quality and coverage of the consolidated public sector accounts has again been extended and improved this year. A further reform over the period ahead is the development of a framework for performance information to provide clear definitions and techniques for departments to identify more accurate performance measures, and to report in relation to these measures in a timely and consistent way.
The Economic Policy and International Financial Relations programme focuses on economic policy analysis and advisory services in the areas of macroeconomics, regulatory reform and microeconomic analysis, tax policy, financial and banking sector policy, and regional integration and international financial relations.
Over the period ahead, the design and sequencing of reform initiatives in the system of retirement funding and social security arrangements will enjoy special priority. This is an area of considerable complexity and I am pleased to be able to report that good progress has been made in reviewing international experience and developing more detailed plans based on the broad principles indicated by President Mbeki in the State of the Nation Address earlier this year. The National Treasury published a second discussion paper on social security and retirement reform shortly after the February Budget and an interdepartmental task team has been established to prepare detailed proposals and an implementation plan for the intended contributory earnings-related social security system.
Accelerated and shared economic growth is the central focus of our macroeconomic work. This has several aspects - effective coordination between fiscal and monetary policy, for example, infrastructure investment targeted at the logistical and technological requirements of more rapid trade and industrial development, better spatial planning, housing and investment in marginalised communities, small business development and easier access to finance by small enterprises and poor households. Drawing in part on international experience, we are exploring options for strengthening export-oriented industrial policies and improving the targeting of skills investment and infrastructure investment. Economic growth is a shared outcome of private sector investment and skills development and direct government initiatives, but we need to understand also the role of public policies and sectoral regulation in shaping an environment that supports business investment - and, most critically in our context, encourages job creation.
The Treasury vote also includes, as in the past, substantial transfers to provinces and municipalities, in support of both infrastructure investment and institutional capacity-building.
These conditional grant programmes are steadily contributing to improved programme design and contract management, supported by both the Infrastructure Development Improvement Programme and Siyenza Manje. Particularly pleasing over the past year has been the response of municipalities to the new neighbourhood development partnership grant. The second round of grants for project design and development will be concluded shortly, and from next year we will see joint public and private sector investment projects getting under way.
We have put considerable work into regular reporting and monitoring of the various provincial and municipal grant programmes. The National Council of Provinces and in particular the Select Committee on Finance are making excellent use of this information, and there are lessons for all of us in the way in which accountability and transparency have been enhanced by the oversight role that Parliament is increasingly playing over these grants and the associated services and investment programmes.
The Treasury has responsibility for several specific civil and military pension obligations, contributions to medical schemes on behalf of retired civil servants and other pension and benefit arrangements. Provision has been made in these budget estimates to expand benefits to widows and orphans in terms of the Special Pensions dispensation.
The final programme on the Treasury vote provides for various fiscal transfers. These agencies or organisations, including the various secret service agencies, the Development Bank of Southern Africa (for the Siyenza Manje project), the South African Revenue Service, the Financial Intelligence Centre and the Financial and Fiscal Commission, are accountable directly to Parliament.
Turning now to the work of Statistics South Africa, I am pleased to note that good progress has been made in processing the results of the Community Survey conducted in February this year, which involved some 284 000 households in a carefully constructed census replacement survey. The results of the Community Survey will be released in November 2007.
Building on the results of this survey, Stats SA is planning a more focused collection of statistical information on poverty over the medium term. A pilot poverty survey will be conducted during 2007/08. Discussions on proposed approaches to poverty measurement will be conducted later this year.
Data collection for the most recent Income and Expenditure Survey began in September 2005 and was finalised in September 2006. The data processing and editing was finalised in December 2006 and the analysis of the datasets is currently in progress. We are expecting statistical information on the spending patterns of South Africa households to be published by November 2007.
Reform of the producer price index is under consideration for the period ahead, in recognition of the importance of the PPI as an index of the underlying cost trends in the South African economy and as a deflator in the national accounts. Extensive consultations were conducted with key stakeholders as part of the review of the current PPI basket. A new PPI basket is being developed and the re-weighted index will be published from February 2008.
It should also be noted that Stats SA has embarked on a process to reengineer the Labour Force Survey. The questionnaire design is now finalised and fieldwork procedures have been tested. The new quarterly LFS will be launched in January 2008 and the first published data will be available in August 2008.
Stats SA will continue to play an active role in the harmonization of statistical indicators on the African continent, especially ensuring that the three Pan African institutions, the Economic Commission for Africa, the African Development Bank and the African Union Commission, work on an agreed work programme on statistical development. Stats SA is advocating that the African Union Commission should play an advocacy role at the highest political level, while the Economic Commission for Africa deals with the technical issues related to statistical development and the African Development Bank provides the necessary financial resources.
Stats SA will continue to support the initiatives of the Africa Symposia on Statistical Development. High on the agenda is statistical capacity building in countries that are emerging out of conflict or still experiencing conflict, countries such as Angola, DRC, Somalia, Guinea Bissau, etc.
Members of the House will also share with me in congratulating the Statistician-General on his appointment to chair the UN Statistics Commission next year, a responsibility that will include, among other things, the 2010 Round of Population and Housing Censuses, statistical capacity building and measuring the knowledge economy.
Stats SA is also preparing to host the International Statistical Institute (ISI) in 2009 and will be heavily engaged with the international community to make the ISI an African success. This organisation seeks to develop and improve statistical methods and their application through the promotion of international activity and co-operation.
This year SARS celebrates ten years as an integrated, administratively autonomous Customs and Revenue Administration. Commissioner Gordhan, in recognizing the role of the people that account for the success of our extraordinary revenue service, has declared this the 'year of the people'.
The deadline for the Small Business Tax Amnesty expires exactly one week from today. SARS officials have been hard at work to assist small businesses and taxi operators to encourage them to apply for amnesty.
However, it is time that organisations who represent small business constituencies demonstrate leadership and persuade their members to make use of this unique opportunity to regularise their tax affairs. The risk non-compliant small business owners face after 31 May 2007 is prosecution.
SARS is currently processing 60 000 applications (of which 6862 are taxi operators) and expects to receive a lot more over this final week.
Those businesses including the thousands of Taxi Operators who have applied will experience the benefits of operating in an environment where they are tax compliant and qualify to do business freely, on the right side of the law. Those who choose not to make use of this unique window period will have to face the consequences of losing their businesses and face up to five years in jail.
Public Benefits Organisations such as schools, welfare and religious organisations should also make sure that their applications are in.
A total value of R36.6 million worth of assets was attached during this period from tax defaulters who demonstrated no willingness to settle their affairs or engage SARS.
SARS has outlined its plan for a three-phase modernization agenda beginning with a two-year phase beginning in 2007. This stage includes capacity-building, design and preparation for modernization. The main focus is to align the organization for its main strategic choices and direction.
Improve Customer Service, Outreach and Education: SARS seeks to acknowledge and boost the strategic role of practitioners, intermediaries, professionals and agents in the broader tax system, enhance the functioning of the Large Business Centre and improve our taxpayer outreach model.
Design National Social Security Tax and Wage Subsidy: While still in the policy formulation stage both of these reforms will require significant effort to ensure alignment across stakeholders as well as allocation of resources for implementation. Where possible, existing infrastructure, resources and capabilities will be leveraged.
Create a Differentiated Operating Model: The current operating model does not sufficiently cater for the existing taxpayer and trader base. The new model will take into account three primary taxpayer/trader clusters: Small numbers of large corporate and individuals with high average tax revenues; a growing number of SMMEs and middle class and a large micro/informal business base with low average tax avenues. The new model will enable SARS to better target its education, service and enforcement initiatives at these segments.
Improved border control and streamlined flow of people and goods through border posts have been identified as core government objectives. SARS has been made the lead agency for this responsibility and chairs the interdepartmental control committee. SARS has established the Customs Border Control Unit which is tasked with ensuring the free flow of people and goods at the borders while through enhanced anti-risk measures protecting the country and economy from dangerous and illicit goods.
SARS last week announced the outcome of the revised tender processes for the provision of scanners and related services to ensure security of trade with South and Southern Africa and to improve customs control capacity. A shortlist of preferred bidders has been issued for each of the seven types of scanners. SARS will now determine the precise timing and quantities of the scanners to be acquired over time.
SARS has unveiled the new tax assessment process which has entailed automating significant steps in the process through the use of technology such as scanners and "intelligent" bar codes. This will allow processing of large volumes of low risk assessments quickly and more efficiently while specialised efforts can be concentrated on the more high- risk areas..
Members of the House will by now have been exposed to the extensive marketing and education campaign that has been launched to inform taxpayers and stakeholders of the new returns process and what is expected of taxpayers and the new deadlines. eFiling will be promoted more aggressively to ensure an uptake in registration this year in a further drive towards a future paperless environment.
Allow me to add a few remarks on the Financial Intelligence Centre.
The Centre has made significant progress since its establishment in 2003. We can see the increased levels of interaction between accountable institutions, supervisory bodies and the FIC and the positive effects of this. Reporting to the Centre has improved consistently, while the Centre itself has continuously enhanced the quality of its referrals to the competent authorities for investigation.
However, when we in Parliament passed the FIC Act in November 2001 we did not fully appreciate the future roles and responsibilities of the various supervisory bodies, as scheduled in the Act or the Centre. My intention is to introduce into Parliament this year a first round of amendments to the FIC Act to remedy this situation.
The amendments will seek to make explicit the roles and responsibilities of the various supervisory bodies, as well as give the Centre responsibilities where there is no supervision.
The way in which the Act is presently formulated does not provide either the designated supervisory bodies or the Centre express provisions to enable administrative enforcement of the Act. This has undermined efforts to properly administer the Act and the effectiveness of the anti-money laundering and financing of terrorism regime, especially in the areas of compliance and enforcement.
The draft Amendment Bill will further entrench the responsibility of supervisory bodies to supervise compliance with the FIC Act by expressly adding this to their functions. This will remove any uncertainty that presently exists. It will oblige supervisory bodies to include supervision of compliance with the Act in their objectives and in the structuring of their functions. It will also empower them with particular powers in order to assist them in the carrying out their supervisory functions - for example, to inspect the affairs of accountable institutions.
The amendments will also enhance the Centre's own monitoring powers, enabling it to conduct inspections, especially in those instances where there is no supervisory body - and here the motor-car retail industry or the legal fraternity springs to mind.
In the present situation, if accountable institutions make small transgressions of the FIC Act, they need to be criminally charged. This is particularly onerous and impractical and does not foster the spirit of cooperation intrinsic to the Act. So the amendments will also introduce an administrative enforcement framework within which administrative penalties and remedial action under the Act can be applied in deserving matters. The key feature of the proposed enforcement model is a set of administrative penalties which may be imposed by supervisory bodies or the Centre. An appeal procedure is also envisaged.
In this regard, I have in mind the appointment of an experienced person to act as the chair of an Appeal Board who will adjudicate on the fairness of administrative penalties.
These issues take me to another area which continues to concern me greatly and this is the matter of compliance - not only in terms of the FIC Act, more generally as well. I believe that compliance should be understood in its totality. I believe that all of us, in government and in business, wish to comply with the norms of good governance, fairness and honesty which underpin the values of our democratic society and express our human dignity. This approach should lay the foundation for industry leaders to play a leadership role, in which they voluntarily adopt an attitude in which they seek to regulate themselves and their sector, but penalise those of their colleagues who operate outside established and agreed forms of conduct. Failing this, the state has to adopt a more aggressive stance.
We are all aware of the situation in which individuals, abusing financial services and institutions, have undermined the established framework and the law. They have deliberately and criminally decided to take a path of non-compliance and have tested our resolve to come after them.
I therefore see urgency in the need for coordinated, cooperative and partnership efforts by the relevant Supervisory bodies, such as the Banking Supervisor and the Financial Services Board, working jointly with the FIC and the SARS. I expect to see them coordinating their efforts with each other, actively sharing information with the FIC and SARS, and adopting an aggressive attitude to all those who operate outside of the spirit and letter of the law.
We need this type of collaborative effort to ensure that organised crime syndicates do not find in South Africa a safe haven to hide ill-gotten wealth. We need to take joint action in situations when we come across fraudulent schemes, such as the recent case of Moneyskills, in which illegal proceeds are alleged to have been generated and laundered. We need to ensure such schemes are identified and nipped in the bud before they do the damage we have seen recently.
I have also asked the FIC to consider how to enhance the capacity for financial investigation and resulting in more successful prosecutions. We need to send out a powerful message to all of those who wish to abuse our financial sector that this will only be possible if they are prepared to pay the consequences.
Let me return, in conclusion, to the theme we have adopted for this year's G20 consultations - 'Sharing: Influence, Responsibility, Knowledge'. These are challenges, indeed, on a global canvas, but in our engagement with international partners, both the powerful and the vulnerable, we surely need to proceed from a common understanding of our own approach to shared growth and cooperative development. This understanding rests on principles set out in our Constitution: recognition of the respective roles and influence of Parliament, the executive and the judiciary, overlapping responsibilities of national, provincial and local government; acknowledgement of the rights of all South Africans to education and learning. The National Treasury, the Revenue Service, Statistics South Africa, the Financial Intelligence Centre, the Development Bank of South Africa, the Financial Services Board, the Public Investment Corporation and other institutions and agencies associated with the Finance Ministry all have their spheres of influence, all exercise responsibilities of distinct kinds, all contribute to shared knowledge and understanding. But these clusters of influence, responsibility and knowledge are neither absolute nor complete, and we both welcome and value the oversight role of Parliament and the accountability to the wider public that this entails as part of a democratically shared trusteeship over the public finances, nationally collected revenue, our financial institutions and the official records of statistics. Allow me to express particular thanks, in this regard, to the chair of the Portfolio Committee of Finance, Mr Nhlanhla Nene, the chair of the Select Committee of Finance, Mr Tutu Ralane, and the co-chairs of the Joint Budget Committee, Ms Louisa Mabe and Mr Buti Mkalipi, who have provided exemplary leadership in these challenging positions.
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Minister Manuel today re-iterated South Africa's strong support for the G-20 position that the heads of the international financial institutions, including the World Bank, should be appointed using an open, transparent selection process with candidates not restricted by nationality.
Since the IMF and World Bank were established 60 years ago, the convention has been that a United States citizen, nominated by the President of the United States, be appointed as World Bank President and that the IMF Managing Director be a European nominated by the major countries of Western Europe.
At a time when the effectiveness and legitimacy of the Bank need to be restored, it would be unfortunate if a truly merit-based process, allowing the consideration of candidates from any World Bank member country, were not followed on this occasion and into the future.
As a member of the Management Troika in 2006 of the G-20 (the Group of Twenty emerging and advanced economies), South Africa strongly supported a reference in the October 2006 G-20 Communiqué which reiterated the position expressed in the October 2005 G-20 Statement on Reforming the Bretton Woods Institutions that the selection of senior management of the IMF and World Bank should be based on merit and ensure broad representation of all member countries. South Africa continues to hold this view.
The G-20 welcomed consideration of any steps to ensure a fully transparent process for the selection of the IMF Managing Director and the World Bank President.
South Africa looks forward to the IMF and World Bank continuing their modernisation processes by opening up their appointment processes in response to the concerns of many of their members.
South Africa shares this view with Peter Costello, the Australian Treasurer, and Guido Mantega, the Brazilian Minister of Finance and 2008 Chairman of the G-20.
For media queries please contact Thoraya Pandy on 082 416 8415.
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The past year has been very eventful in terms of developments in the financial sector. Many successes have been registered, while we have also been confronted with certain challenges which again highlight the need for vigilance.
My input today will cover financial sector regulatory imperatives, reform of the retirement fund industry, bulking and secret profits, surplus fund apportionment, banks amendment bill, co-operative banks bill, financial sector charter, special pensions and the 2010 FIFA World Cup.
One of our most important national assets is our strong, sophisticated and sound financial sector. The developmental benefits of a strong financial sector are considerable. A sophisticated financial system allows for an efficient allocation of economic capital, it provides an absorber against economic shocks and, if properly aligned and channeled, can make a significant contribution to breaking the cycle of poverty by facilitating access to affordable and appropriate banking, insurance, savings and credit facilities. South Africa has benefited from a financial sector characterized by efficiency, innovation and strong growth. Increasingly, as witnessed by the Financial Sector Charter, we are also seeing a financial sector that is embracing transformation and reforming business models to extend services to low-income communities and finance broad-based economic development. This, in turn, has contributed to stronger, shared and sustainable economic performance.
We have seen a shift in regulatory practice from a traditional focus on prudential standards to one that balances and complements this approach through improved consumer protection measures, such as specific market conduct regulation and increased vigilance relating to matters affecting overall financial stability.
But ultimately, confidence in the South African financial sector is built on a foundation of trust. The vast majority of financial service providers cherish and respect the licence that is granted to them, which places them in a position of trust to manage the monies of others.
However, Chairperson, recently we have witnessed various instances where financial service providers have flouted the trust placed in them. The allegations leveled in respect of Fidentia are extremely worrisome and exceptions of this nature must not be allowed to undermine public and investor confidence in the South African financial services system.
In the wake of this transgression, we are obligated to ask how these events could have been avoided and what can be done to arrest this transgression. At the outset Chairperson I would like to state that we must recognise that this was in part a failure of collective responsibility.
The financial sector as a whole is placed in a position of trust and must be held to the highest levels of accountability. It is in the interests of the financial sector as a whole that confidence in the sector is maintained. This, in turn, implies a collective commitment and responsibility for ensuring that we maintain our prescribed standards of transparency, accountability and equity. In practical terms, this means that a number of financial services providers should be asking themselves hard questions about whether they had done enough to avert the Fidentia episode from occurring.
There was also a clear failure of proper governance on the part of trustees in exercising their fiduciary duties, especially when considering the allocation and method of payment of death benefits to beneficiaries. Collective action must also be considered to provide income support to those widows and orphans who may be left destitute by the actions of a handful of unscrupulous individuals. We therefore remain a strong advocate for educating trustees to execute their fiduciary duties in a responsible manner.
Closing the regulatory gaps that allow unscrupulous providers to operate will require a co-ordinated response across regulators, together with increased capacity to enforce the law substantially. The licensing process introduced by the Financial Advisory and Intermediary Services (FIAS) Act and steps to increase the enforcement powers of the Financial Services Board (FSB) are first steps in this regard.
All regulators and agencies involved in the financial sector, including the FSB, FAIS Ombud, the Financial Intelligence Centre and the South African Revenue Service (SARS), have a collective responsibility to ratchet-up their enforcement efforts.
With this in mind, the Ministry of Finance will be convening a process with all financial regulators to jointly identify potential financial regulatory gaps and to improve the effectiveness of licensing, monitoring and enforcement.
Furthermore, the Financial Institutions Amendment Bill to be tabled in Parliament later this year will seek to strengthen the FSB through the formation of an Enforcement Committee with the powers to apply administrative penalties.
The retirement fund industry more broadly has come under the spotlight in recent years in terms of various concerns relating to unfair practices, poor governance and high costs. This is largely a legacy of non-disclosure, opaque products, inappropriate sales techniques and a lack of effective competition - all exacerbated by poor financial literacy.
To address some of the most pressing inequities and inadequacies in the current system, various legislative and regulatory measures have been put in place to advance Government's social security and retirement reform.
the March 2006 Discussion paper on contractual savings in the life industry; and the Pension Funds Amendment Bill currently before Parliament.
Furthermore, the FSB has also released a draft Code of Conduct for pension fund trustees.
In the longer-term, however, improving the quality of private pension fund provision in South Africa, in terms of lowering costs and improving equity, will require more far-reaching reforms. These include facilitating effective competition, achieving economies of scale, protecting the value of retirement benefits, especially for the member's dependants after the member's death.
These areas of retirement fund industry reform are covered in the National Treasury's Social Security and Retirement Reform: Second Discussion Paper, published in February 2007. More detailed proposals in a number of these areas are currently being finalised as part of the work of the Inter-Departmental Committee on Social Security and Retirement Reform.
The Registrar of Pensions is investigating the extent of bulking and secret profits in the industry. In a survey in March 2006 eleven administrators reported that they bulk their clients' funds, but that the enhanced interest rate is passed on to their clients and/or that the prior approval of trustees were obtained for any benefit accruing to the administrator from this practice.
A handful of administrators declared that they had derived some benefit by way of practices such as undisclosed scrip lending fees and commission sharing arrangements with brokers. These administrators submitted proposals on how to deal with the benefits that they derived from these practices. The Registrar is monitoring the position with regard to these administrators. It is the Registrar's intention to refer all the responses received from administrators who admitted to making a secret profit to the National Director of Public Prosecutions for further investigation. Administrative action such as the withdrawal or suspension of licences will be considered by the Registrar once the full investigation and monitoring process in respect of the administrators have been completed.
As at 22 May 2007, 661 schemes for surplus apportionment have been received by the Registrar. Of these, 312 have been approved, while 347 are pending or not yet completed. As at the same date, 15 214 "nil" returns have been submitted to the Registrar. Of these 13 965 (92%) have been approved, 22 rejected and 1 227 are pending or not yet completed. The relatively large number of pending schemes is due to the fact that many funds submitted close to 31 December 2006, which was a crucial cut-off date for the submission of a scheme.
A further piece of financial sector legislation currently before Parliament is the Banks Amendment Bill, which largely aims to bring the South African banking sector in line with international risk management and capital standards published by the International Basel Committee - known as Basel II standards.
In summary, the Basel II amendments aim to create a sufficiently robust regulatory environment that will enable the Registrar to properly discharge supervisory responsibilities in respect of banks, controlling companies and banking groups on a solo, cross-border or consolidated basis.
The implementation of Basel II capital adequacy standards is scheduled for implementation on 1 January 2008 and is expected to further strengthen the soundness of the South African banking sector and its international competitiveness.
The purpose of the Co-operative Banks Bill is to create a development strategy and a regulatory environment for deposit-taking financial services co-operatives such as village banks and savings and credit co-operatives. Co-operative banks are member-based, deposit-taking financial services co-operatives which offer basic banking services such as deposit-taking, savings and issuing of loans to their members.
The draft Co-operative Banks Bill came about as a result of extensive consultations with relevant sector stakeholders with the intention to promote access to basic affordable financial services to all South Africans particularly those excluded by formal financial institutions. The Bill will ensure the sound and safe management of depositor money by financial services co-operatives and promote the development and growth of such co-operatives. The draft Co-operative Banks Bill has been approved by Cabinet and it is expected to be tabled in Parliament in June 2007.
The first reporting cycle of the Financial Sector Charter took place in 2005, which reviewed performance of the institutions towards reaching the Charter targets. The purpose of this initial review was to establish the transformation status of the industry and to assess progress in implementing the Charter. Performance is assessed in terms of comprehensive reports submitted by each participating financial institution and is recorded on a scorecard.
The second Financial Sector Charter report will be released in July 2007. Chairperson I am glad to report that the financial sector is making good progress with regard to reaching the 2008 targets although there are some challenges.
In 2005 the financial sector had virtually achieved its R50 billion target for funding major BEE transactions, set to be achieved only in 2008, and surpassed its R5 billion 2008 target for financing black small and medium enterprises (SME's).
Financial institutions have provided over R100 billion to targeted investments in support of SME's, low-income housing, resourcepoor farmers and developmental infrastructure.
The number of Mzansi bank accounts for the period up to November 2006 is estimated to be in excess of 3 million.
Over 73% of the approximately R16 billion of the sectors procurement was from BEE accredited suppliers.
The Special Pensions Act of 1996 made provision for those persons who served the liberation struggle on a full-time basis for a period of 5 years and were therefore unable to provide for a pension. After ten years, 31 December 2006 marked the closing date for new applications under this Act. In terms of the Act, the Board and Review Board will be dissolved and any further adjudication and administration of benefits will become the direct responsibility of the National Treasury. We will ensure that adequate capacity is put in place to enable the speedy processing of the remaining applications.
During the last ten years we have paid R2.1 billion in benefits to approximately 16 500 beneficiaries. On a monthly basis the State pays an average of R23 million in pensions.
There are admittedly those who have served in the struggle who have not met all the criteria prescribed in the Act. We have received numerous submissions from affected parties which are currently under consideration. Resolutions have been passed in the National Assembly and we need to ensure that they are acted upon. Most pressing, in this regard, is the need to step up our commitment in training and skills development initiatives to assist younger men and women to take adequate advantage of opportunities associated with broad-based economic growth.
Chairperson it is unfortunate that fraudulent claims have been submitted to the Special Pensions Board in some instances. We will not allow the memories of our fallen heroes and heroines to be tarnished by such individuals. To this end we have requested the Special Investigating Unit to verify all applications. This is not a witch hunt. Those who truly served have nothing to fear. Instead it should be viewed as an integral part of Government's overall commitment to root out fraud and corruption.
Chairperson the awarding of the right to host the 2010 FIFA World Cup to South Africa was a great achievement in itself and the recently concluded 2006 FIFA World Cup held in Germany has proven that a well packaged and managed event can ensure immeasurable development in South Africa.
The hosting of the 2010 FIFA World Cup provides enormous opportunities to upgrade our sporting facilities and infrastructure and also to market the country to the rest of the world as a destination for investment, sport and leisure.
Government has set aside R17.4 billion direct investment in the 2010 FIFA World Cup which is integrated into a much larger spending programme between 2006 and 2010. During this period, the Government will be investing more than R415 billion in infrastructure. The 2010 FIFA World Cup investment is approximately 5 per cent of the R415 billion programme, although its significance as a catalyst for improved planning and infrastructure development extends well beyond these numbers. The resources allocated to 2010 FIFA World Cup projects are significant and escalation of costs is an issue that must be addressed. A unit within the National Treasury has implemented checks and cost controls to track the escalation in costs of stadia and other infrastructure projects.
We are confident that construction of all stadia will be completed within the specified timelines. In some cases we are ahead of schedule and anticipate that R1.9 billion will have to be brought forward in the Adjustments Estimates Budget in October 2007, raising the expenditure in 2007/08 from R2.7 billion specified in February 2007 to an estimated R4.6 billion. All stadium facilitates will be ready by October 2009 to allow for the identification and allocation of seats and issuing of tickets.
In conclusion honourable Chairperson we need to be mindful of the wide-ranging reforms of our financial sector and social security arrangements that are currently underway. We have achieved farreaching reforms to date, but it is clear that there is still room for improvement in tightening the monitoring and compliance framework, so as to protect the hard-won confidence in our financial system.
We will push ahead to process and finalise the new applications for Special Pensions in a timely manner to ensure that those who meet the criteria, or their dependents, receive the benefits due to them in this regard.
South Africa will take full advantage of the 2010 FIFA World Cup opportunity to attract inward investment and, new investment in stadia, transport, airports, communications, accommodation, broadcast & information technology and financial services. The 2010 FIFA World Cup projects will stimulate skills development and create the much needed jobs, develop football and its commercial base, and upgrade facilities to ensure South Africa is a competitive destination for major events.
In concluding, I would also like to thank the Minister of Finance for his stewardship in managing the Treasury, SARS and Stats SA, and to the management teams for maintaining the high standards of efficiency and competency.
I am proud to be part of this team.
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The Prevailing Interest Rates are applicable from the first day of the month (1st June 2007) until the last day of the month (30thJune 2007).
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I stand here, on behalf the South African Government to extend our sincerest condolences to the family and to pay tribute to a life so rich, which was taken from us so soon.
Percy was a pioneer. Throughout his adult life, he demonstrated the courage and fortitude to go where none had been before. It was his willpower and frequently his singleness of purpose that separated Percy from the rest of us. He never left any doubts about what he sought to achieve, and no part of his agenda was ever hidden from view. He never minced his words - unflinchingly telling you what was on his mind.
Percy lived every part of his life in the quest for justice - wherever he found himself - as a lawyer, a jurist, an investigator, a sports administrator or a friend, this quest was tireless. And in that quest, he understood, better than most that it would not be attained by merely masquerading as Mister Nice Guy.
Before we can create a new world we must first unearth and destroy the myths and realities, the lies and propaganda which have been used to oppress, enslave, incarcerate, gas, torture and starve human beings of this planet.
Facing the lies of history is a basic human responsibility. It is unpleasant to do, but liberating to accomplish. It liberates all of us.
So, let us today, celebrate our liberation. But, in that celebration, let us reflect on the life of Percy - one of those rare people who understood history and understood his own responsibility as an unearther and destroyer of the myths and realities, and the lies and propaganda - and he recognised more than any that it was simultaneously an unpleasant but liberating task. Such have been the contradictions of Percy's entire adult life.
The world around Percy was divided into two groups - a small minority whose comfort zone, frequently built on falsehood and denial who couldn't deal with his blunt exposures of their superficiality. And, on the other hand, a large majority like those of us gathered here who loved and respected Percy for his courage, commitment and refreshing honesty.
One can examine the different parts of his life - as I can over the thirty-odd years that I have known him - and you cannot but be struck by the consistency of the Percy you loved. What you saw, was what you got.
My first encounters with Percy, was after I had heard many stories of Percy the legend. It was in the mid-seventies when I observed him operating as an attorney in the Woodstock practice. My observations were from the vantage point of a friend, rather than as a client. His clients were able to benefit from his fierce loyalty to each one of them, from his commitment to their cause and from Percy's palpable desire for justice. Having had the privilege of watching him in different guises over the years, and reading of the tribute paid to Percy this week by Inzamam ul Haq, which focused largely on his approach to the recent debacle at Lords, I was convinced that Inzy and I knew the same Percy and appreciated his quest for justice.
Regardless of his rigours of his day job, there were two big passions to which he would retreat - the one was Sandra and the children. and the other was cricket. There are many others present, far more competent than I to speak about either of these.
Permit me, though, a few brief comments.
Sandra and the children were Percy's first and deep love and his refuge - sometimes from the storms out there and always for the replenishment of energy. " Bok en die laaities" were the foundation on which Percy built and they were a source of immense pride to him, and everybody who met him knew this. In paying respects and celebrating Percy's remarkable life here, I want to express our sincerest appreciation to Sandra, Leigh, Hugh Ben and Freddi. Because of your sharing and sacrifice, we can celebrate this liberation together.
On cricket, that remarkable writer L R James, teases an enquiry with the question, "What do they know of cricket who only cricket know" And Percy's answer to that question was provided in the depth of his commitment to the players, their well-being, to the communities that spawned them, to their dreams and prospects, and to the soundest administration of the game. In this country, it was the work of transformation, "far beyond a boundary". It is an area that those who opposed transformation, or who proffered schemes for window-dressing, will be able to write volumes about - they would have encountered the wrath of Advocate Sonn. And in the wider world of cricket, it was the bridge between different parts of the cricketing nations - for justice and in the interest of the game?
The hostile stones, hewn by his hands, took shape and form and one by one took on the sharp clarity of buildings, he made bread with his hands, set the trains running, the distances bred townships, other men grew up, the bees arrives, and through man's creating and multiplying, spring wandered into the marketplace between the doves and the bakeries.
Go well dear comrade, may your dear soul rest in peace.
Thank you very much for the life we will always remember.
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Thank you for inviting me to address the International Monetary Conference. This is an intimidating forum with so many bankers, the custodians of so much of the world's savings, the providers of such a large range of financial services to clients ranging from governments to multilateral institutions, multinational corporations to the corner café, investment banks to the guy selling newspapers on the street corner. The process of evolution away from simple barter economies to cash, from hoarding monetary value under mattresses to putting money into a bank, from signing a cheque to entering a pin code is still very much work in progress. The process of financial deepening, with increasingly sophisticated products offered through increasingly diverse mediums is happening apace. For this reason, the banking system and banks in general have become an integral part of the genetic architecture of our economies and our societies.
It is a privilege to be able to talk to you today. You were addressed by President Mbeki on Sunday and he dealt with the complex processes of growth, development, and globalisation in the context of our shared humanity and an increasing interconnectedness. He also made mention of the contradiction between what are clear successes in growth and development alongside rising inequality, both in terms of income and wealth and in terms of opportunity.
I would like to talk you through a bit of our recent history with respect to economic policy. Today, South Africa is growing at about 5 per cent a year, a rate we've been able to sustain for over three years now. We now have rising employment, increasing living standards, sound fiscal management, a strong financial sector, robust and respected monetary authorities and strong institutions of oversight, regulation and law. How did we get here, what was the path that brought us to this point, and what are the prospects for growth and development going forward?
In answering these questions, my intention is certainly not to give you the impression that everything is fine in our economy or that we have reached the promised land. We still have huge economic and social challenges ranging from high levels of unemployment and inequality, we are still not creating jobs at a satisfactory pace and we still have institutional weaknesses in our ability to repair the myriad of microeconomic weaknesses that still hobble our economy. Nevertheless, it is important for the international financial community to understand these challenges and to understand the success factors.
Last year, the South African economy grew by 5 per cent, the highest rate of economic growth in 25 years. After years of rising unemployment, the unemployment rate has declined for three years in a row, with over a million jobs created in this period. All the major indicators of economic growth are showing that the present economic boom represents one of the longest sustained increases in income in about 40 years. What started off as a consumption boom has quickly translated into an investment boom, with private sector gross fixed capital formation now standing at its highest level since our records began, probably sometime in the 1950s.
This growth has been relatively broad-based with the share of income going to Africans rising to above 50 percent in 2005, from about 40 per cent in 1996. The number of black people entering what is called 'the middle class' increased by 30 per cent in a single year to 2.6 million last year. This represents a substantial shift in the purchasing power in South Africa towards the historically disadvantaged. According to a study by the Department of Trade and Industry, the number of small businesses has grown by 150 per cent since 1995 and 87 percent of these businesses are black-owned. The list of economic performance and confidence indicators runs a long way.
Our present economic performance is due to two main factors. Firstly, over the past decade, we have pursued policies that have put the economy on a sound footing, where it is able to grow faster, sustainably. Secondly, high commodity and a favourable international economic environment have benefited the South African economy, at a time when we have opened up our economy.
In the present mood of optimism in the economy, it is difficult to imagine a time when the economy was much weaker, literally on its knees, I would argue. In 1994, we inherited an economy from the apartheid government emerging from a deep recession. In the decade prior to 1994, the economy grew by just 1 per cent a year. Investment levels had fallen, money was leaving the country at a phenomenal rate and the agricultural sector was recovering from one the worst droughts in decades. The country's public finances were in a shambles, government was running a deficit of over 7 per cent of GDP and interest costs were approaching 20 per cent of the budget. Inflation was in the high teens and we had almost zero foreign exchange reserves.
The banking system was strong, but relatively small and isolated from the rest of the world. It served a small elite and it did this remarkably well. Millions of people, working people, did not have access to banking and financial services. Worse than all of these factors, we had a business community that was convinced that the new government would run the economy into the ground. This concern was so strong that President Mandela took the step of appointing as Finance Minister the same person who served immediately prior to our first democratic elections. When he resigned shortly thereafter, a person from the banking sector, well known to business, was appointed as Minister of Finance. In today's context, this seems an unusual step, but it reflected how seriously government took the negative perceptions about its ability to manage the economy.
When many of us were negotiating with the previous government prior to the 1994 elections, we were led to believe that the civil service was an organised, sophisticated machine able to implement the programmes of government. By 1996, this myth was shattered. We found a civil service that was inept, and lacked the capacity to deliver government's reconstruction and development programme.
An analysis of the economy showed that the problems were not just cyclical. The economy was in a deep structural decline and that this decline began in the late 1970s. Formal sector employment was stagnant from the mid-1980s. Early signs of trouble appeared in 1996 when a series of rumours around President Mandela's health led to a fall in the currency. After a few months, the currency fell at the drop of a hat. Continuous capital flight meant that South Africa faced a severe balance of payment constraint. Ironically, today, even with a current account deficit at 6 per cent of GDP, capital markets are still willing to invest in our country.
South Africa was trapped in a boom-bust cycle. Any increase in economic growth or in investment led to a rise in imports. A lack of confidence in capital markets led to a fall in the currency. Partly to stem capital flight and partly to reduce inflation, interest rates had to be set at very high levels, further constraining economic growth. South Africa's savings rate fell below 15 per cent of GDP partly as a result of a rising tax burden and a large government deficit. In 1996, government was borrowing almost R1 billion a week.
On entering government, we soon realised that small adjustments were not going to be sufficient to right the ship. Fundamental changes were needed to ensure that we generated the resources to implement government's social and developmental programmes over a long and sustained period. In 1996, we launched GEAR - the Growth, Employment and Redistribution strategy. GEAR set out a range of policies covering fiscal policy, the labour market, education, skills development and trade. There is little disagreement that GEAR presented a difficult set of reforms for the economy. In essence, GEAR was aimed at putting the public finances on a more stable footing, reducing the costs to business, reducing interest rates through lower inflation, increasing investment in education and in infrastructure.
In a short space of time, we stabilised the public finances. We introduced inflation targeting, providing a clear anchor for monetary policy. A smaller deficit and lower inflation expectations played a key role in reducing interest rates, and lower interest rates have been essential to the present boom we are experiencing.
Through better revenue collection, government was able to reduce tax rates on both individuals and companies. It is worth reminding people that in 1994, the company tax rate in South Africa was 40 per cent, the secondary tax on companies rate was 15 per cent and the top marginal tax rate for individuals was 43 per cent. In 1995, the secondary tax on companies rate was raised to 25 per cent. By 2005, all of these rates were substantially lower. Lower tax rates, especially for individuals, are one of the reasons for higher consumption and investment spending that we are seeing today.
Improved revenue collection and better control over spending led to a fall in interest payments. However, this only started to happen about five years after we began cutting the deficit. Falling interest costs has allowed government to increase spending rapidly without raising taxes or borrowing more. Since 2000, public spending has risen by over 70 per cent in real terms. In a short space of time, we have increased the number of social grant beneficiaries from about 3 million to almost 11 million. We are now able to spend billions more on infrastructure, and have in many cases surpassed the targets we set for ourselves in 1994. Another factor contributing to the present rate of economic growth is the rising infrastructure spend of government, totaling R415 billion over the next three years.
Increased confidence in our economy means that we do not face a binding constraint on the balance of payments. We are now comfortably able to finance a much higher level of investment, providing the space for future growth. South Africa received R144 billion in capital inflows last year.
Presently, the surge of growth in the economy is leading to some supply constraints. This in itself can be a positive thing. It provides investors with clear signals of where investment opportunities are to be found. The public sector has a role to play in alleviating capacity constraints.
Areas where government is now focusing on include skills development and investments in the built environment covering amongst other sectors housing, public transport and water. For South Africa to sustainably grow faster, we must improve our export performance, especially in noncommodity sectors.
The financial sector was one of the first sectors to adopt a collaborative process to deal with the issue of our historically skewed ownership structure. An innovation in South Africa at the time, the financial sector came together with all major stakeholders and agreed to tackle empowerment issues in a multidimensional approach. The Financial Sector Charter was signed committing all participants to increase access to financial services, especially to the poor, to broaden ownership to include historically disadvantaged individuals, to invest in staff development, especially for black women and to invest in transformational public projects in townships such as transport, housing and retail developments. This charter is an example of how empowerment can be interpreted in a way in which all parties win.
The banks came together to introduce what we call the Mzansi account, targeted at low income people and providing certain basic services at low cost. To date we have over 3 million Mzansi account holders, notching up a major success in broadening access to financial services to low income people. Despite these successes, high banking charges are still an obstacle to even faster growth in the retail banking sector.
Economic policy has changed and evolved continuously since 1994, but the key objective of reducing poverty and raising the living standards of the poor has been a consistent one. Economic policy is about careful analysis to identify problems and develop targeted responses to fix them. As a country, we have shown that through partnerships, we can solve our problems. The financial sector has been a solid partner in many of our endeavours.
The economy is performing well, but we still have millions living in poverty and many more unable to get jobs. We cannot be satisfied with our performance until we have made a bigger dent in unemployment and poverty. We are not yet therebut we still have much to be proud of what we have achieved in such a short space of time.
I hope you enjoy the rest of the conference and get a chance to sample the warmth and hospitality that this city has to offer.
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ADDRESS TO THE 60TH WORLD ASSOCIATION OF NEWSPAPER CONFERENCE AND THE 14TH WORLD EDITORS FORUM CAPE TOWN, 6TH JUNE 2007 TREVOR MANUEL, MP, MINISTER OF FINANCE President of the World Association of Newspapers, Mr Gavin O'Reilly, President of the Newspaper Association of South Africa, Mr Trevor Ncube, Chief Executive of the World Association of Newspapers, Mr Timothy Balding, President of the World Editors Forum, Mr George Brock, Distinguished Delegates, Ladies and Gentlemen.
Thank you for the invitation to address this distinguished forum. I should not hide the fact that the task is indeed daunting - given both the audience and the fact that I have missed so much of what has preceded this lunch.
Despite our presence here in Cape Town, the focus of media attention this week has shifted to the G8 Summit in Heilligendamm, on the German Baltic Coast. For the past few weeks, the preparations for this Summit has seen the bulk of copy from Germany focusing on the demonstrations, both peaceful and violent - at times threatening to overshadow the purpose of the Summit itself. As though on cue, temperatures have been raised by early initiatives and disagreements on Climate Change, and the tasks at hand compounded further by announcements on missiles and where they should be pointing. All of this overshadows a few key initiatives taken by the German government - to enlarge the discussions on key developments by the inclusion of the "G5" - Brazil, China, India, Mexico and South Africa; as well as a different set of discussions with important African countries on development on our continent.
Added together, these matters must raise fundamental questions about globalisation - present and future, and perhaps tangentially whether the G8 can claim to be the only voice on global economic developments at a time when the shifts of development and output change the global balance of power. At hand is the contradiction of development - sustained high rates of growth has seen the inclusion of hundreds of millions of people into the world's market economy, and of a decline in global poverty due to growth in the emerging economies; yet there are growing disparities in wealth and incomes both within and between countries.
Against this backdrop, there are important questions about who wins, who loses and who cares.
"So what about global inequality and poverty The distributional questions that figure - in explicit or implicit form - in the rhetoric of both of the socalled antiglobalisation protestors and of the no-nonsense 'proglobalisation" defenders need some critical scrutiny. Indeed this issue has suffered, I would argue, from the popularity of some oddly unfocussed questions.?
He further argues that the inequalities of globalisation are closely tied to a number of institutional failures that have to be overcome.
I am sure that we have all heard these arguments sufficiently often for them to sound almost trite. But what perspective do we take on this and with what consistency do we allow these ideas to be articulated Or does this matter at all Is solving this problem any less interesting than reporting merely on the protests or the defence?
The issue is clearly about the policy choices that a country or group of countries makes, about the room they have to exercise those choices and about the fundamental precepts that inform their choices.
"While policies based not on ideology but on a balanced perspective of the role of the markets and the government are more likely to promote growth and efficiency, there is a broader vision which I would like to try to articulate. It is based not just on an understanding of our economy but of our society and it goes beyond the materialistic values that are paramount in the growth and efficiency agenda. There are three cornerstones: social justice - views about equality and poverty; political values, particularly democracy and freedom; and views about the relationship between individuals and the communities in which they live."
We must accept that these processes determine who wins, who loses and by the margin of each.
But, there are other faculties that come into play that relate to the capabilities of the nation state.
There is really nothing that automatically leads to the inclusion in the world economy of countries that have been marginalized by history, geography, civil war, governance failures, and/or foreign power struggles on their soil. Globalization does not "work" for these countries. The linkages that exist between them and growing parts of the world are insufficient. Some optimists think that global growth will eventually 'reach" these countries as it will the poorest parts of India and China. Unfortunately, there is nothing inevitable about this. To make an extreme comparison: there is no reason for the growth of the world economy to benefit the moon! China and India can use the apparatus of the nation-state to "create" linkages between their own prosperous regions and their poor regions.
Leone can do very little on their own to create equivalent linkages between themselves and the dynamic parts of the world economy.
Clearly, without a more balanced report on both the winners and the losers, especially those trapped by history, we will not have a basis to improve on the way in which the world functions, the manner in which institutions function and the way in which globalisation plays itself out across the globe. And, if we cannot fix what is so obviously imperfect, then the losers from globalisation will either shout more loudly, or they will disengage from the process - either way the struggle for a more equitable and fairer world will be vanquished. And that is not an outcome from globalisation that most of us will be able to live with.
As beneficiaries of globalisation, the media must acknowledge that there are losers. As nation-states, we cannot abrogate our responsibility to those who lose out in the global shift of resources, goods and services. To make our world a better place, we must have the honesty to admit that the losers in the globalisation game are almost always those who are poor to start off with, those living in fragile states, those who have not received a decent education. In our increasingly interconnected world, it is becoming increasing costly not to care.
Towards the end of the second world war, when the world was facing a set a daunting challenges, challenges principally of reconstruction but also to provide an enduring security, global leaders decided to form three institutions - the International Bank for Reconstruction and Development; the International Monetary Fund and the body deferred for 55 years, the International Trade Organisation. The two that were established were born of compromise - some of which still bedevil these bodies, but they initiated their work. A year later, in a major rethink, the League of Nations was replaced by a significantly revamped successor, the United Nations Organisation.
What is significant about this period was that the leaders of key world states recognised the crisis and responded with institutions. While the context is very different today, it is instructive that world leaders were of the view that the major global challenges facing us then could be tackled better through joint, collective effort. Does this view have traction today?
A few decades ago the world's economy was dominated by the US, Europe and Japan, constituting roughly 75% of global GDP. Today, the world is a very different place. Global GDP is about US$50 trillion. Of that amount, in current US dollar prices, the G7 makes up about 57% and the rest of the world 43%.4 In current PPP prices, the rest of the world accounts for more than 55% of world GDP and the G7 45%.
Rapid growth in population and inclusion into economic activity has made possible a dramatic rise in GDP in many developing economies. In economic terms, India, China and a number of emerging markets are now major players in the world economy, and given projections of growth will overtake many of today's largest economies in 20 or so years.
The pattern of global governance has to change to respond to these changes. If our institutions are to be strong, representative and robust enough to tackle the major problems of the world, then the status quo must be challenged.
If we accept the reality that the integration of the world's economy has outpaced its institutions by far, then we must also accept that equilibrium will not be possible without institutions capable of constructing the policy consensus. And, in order to do this, the legitimacy of the multilateral institutions is paramount.
Yet, there is very little disagreement on the fact that the IMF and World Bank are constrained by a huge deficit of democracy. The G20, at its Ministerial Meeting held in Melbourne in November 2006, agreed on the need to reform them.
4 Africa accounts for 1.9% of world GDP in 2006, and Sub-Saharan Africa 1.5% in US dollar prices. In PPP terms Africa accounts for 3.3% and Sub-Saharan Africa 2.6%. Source: World Economic Outlook.
meeting was attended by, amongst others, both Mr Paul Wolfowitz, in his capacity as World Bank President, and Mr Rodrigo de Rato, IMF Managing Director.
We reiterated the position expressed in our October 2005 Statement that the selection of senior management of the IMF and the World Bank should be based on merit to ensure broad representation of all member countries.
I need not remind anybody present here that the World Bank is just in the process of appointing a President. The commitments made by all G20 Member states, including both the US Treasury and the Federal Reserve Bank have been completely ignored. The (sole) candidate, Mr Bob Zoellick, is competent and has a credible track record both as a manager and a conciliator. I have no doubt that in a fair contest, with a properly constructed panel, Bob Zoellick would probably emerge as one of the strongest candidates. The problem is that the US administration lacked the courage that its candidate needed by way of support. It relied on what Joe Stiglitz recently described as, "the appointment of the President of the World Bank is perceived as a birthright of the USA." And so, the legitimacy of both the institution and the candidate are compromised.
On the voting structure of these organisation too, we must pose serious questions. The organisation's structure is based on a shareholding formulated in 1944 during World War Two. The United States holds 18 per cent of the shareholding, and while there has been some variation to the shareholding structure, the USA as the biggest shareholder still has veto power. The presidency of the World Bank should not be determined merely by its citizenry.
As some of the world's leaders gather in Heilligendamm to tackle issues ranging from global climate change to development in Africa, from world trade to security; we must constantly raise the voices of the people not there, not represented at that table. The major problems of the world affect all its citizens and we can only begin to develop solutions to these problems when we change towards a more inclusive system of global governance. There is a need to revive the discourse on global public goods, to recapture the global commonsto recognise the interdependence and interconnectedness of our changing world, more importantly, to design a set of institutions and governance arrangements to meet the needs of everyone.
And newspapers must continue to ask difficult question, 'who wins, who loses, who cares' Or perhaps it simply does not matter - the issues are not sufficiently racy, there are no dramatic pictures, and healing sells fewer newspapers than gore?
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The Constitution assigns the responsibility for macroeconomic policy, an integral part of which is fiscal policy, to the national sphere of government. The national executive is therefore charged with the responsibility of ensuring coherence of the tax system across all three spheres of government. To this end, government has embarked on a significant tax reform strategy, the goals of which are to develop a system that is efficient, equitable, internationally competitive and simple to administer. In 2003 this House passed the Provincial Tax Regulation Process Act which sets out the framework for regulating provincial taxes. The Bill we are debating here today sets out a similar framework with respect to local government.
It is with this constitutional framework as the basis, that we ask the House to pass the Municipal Fiscal Powers and Functions Bill today. This legislation will regulate the imposition of surcharges on fees for services by municipalities, as provided by section 229 (1) (b) of the Constitution. A municipality may impose other taxes, levies and duties appropriate to local government or to the category of local government into which that municipality falls if authorized by national legislation. Viewed in this context; this Bill is an enabling legislation. Without it municipalities cannot legally impose any new taxes. This Bill presents our municipalities with the opportunity to introduce new taxes, but within a carefully managed national macroeconomic policy framework.
The Bill gives the Minister of Finance the authority, to evaluate requests for the introduction of new municipal taxes by a municipality, group of municipalities or organised local government to ensure consistency with national economic policy and other constitutional requirements. If an application is approved, then the Minister of Finance will issue regulations that will prescribe the date from which and the framework in terms of which the municipal tax may be imposed. This legislation will therefore put in place a pro-active framework for the exercise of local fiscal powers and functions by ensuring that there is appropriate interaction between spheres of government prior to the introduction of any new municipal taxes.
The Bill is intended to strike an appropriate balance between the right of municipalities to impose taxes, levies, duties and surcharges that will enable them to play a more meaningful and effective role in the development of their communities by delivering additional and better services to them, on the one hand, and with the constitutional responsibility of national government to oversee sound macro-economic policy of the country, on the other.
The intention is to ensure that our municipalities are financially viable in order to guarantee that the communities they serve benefit especially with regard to basic services. We do not want to allow a situation where taxes are imposed without appropriate control mechanisms that ensure that these same communities suffer directly either by having to pay more in taxes than they are able to afford.
The Municipal Fiscal Powers and Functions Bill also deals with municipal surcharges and municipal taxes referred to in Section 229 of the Constitution. A surcharge on a municipal service is an additional charge levied by a municipality in addition to the fee or tariff charged for the provision of a municipal service. A surcharge can therefore be viewed as an indirect tax, as it is a payment in addition to the normal charge. Surpluses generated from trading services, such as electricity and water, are used by municipalities for the funding or subsidising of other essential municipal activities where limited or no charges are levied.
The legislation will prescribe, through regulations, compulsory national norms and standards for imposing surcharges, including maximum surcharges that may be imposed by municipalities on fees for services provided by them or on their behalf. The norms and standards for surcharges on specific municipal services will be developed in consultation with relevant industry stakeholders. As pointed out, we want to ensure that the taxes and surcharges imposed do not impede the development of the local economy. This function of regulating this authority is best placed centrally with national government.
As national government, the interests of the members of our communities have always been given priority and this proposed legislation seeks to continue to protect them through the regulation of taxes and surcharges at the level where it affects their daily access to basic services.
Although proposals have been made that an independent regulator be appointed to undertake these functions, as I previously indicated to this house during our deliberations on the Division of Revenue Bill, as elected representatives we have a collective responsibility in ensuring proper coordination of macroeconomic policy objectives across the three spheres of government.
The legislation will not set specific taxes which municipalities may impose, but provides that the Minister of Finance, or a municipality, group of municipalities or organized local government may initiate a municipal tax and, if approved, how these taxes are imposed by municipalities.
Lastly, I want to thank the Portfolio Committee on Finance, ably presided over by the honourable Nhlanhla Nene for the hard work that they put in to finalise the proposed legislation. We recognise the importance of the processes of consultation undertaken and we thank you for the frank and in-depth discussions with regard to the provisions and implications of the bill.
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It gives me great pleasure to introduce the "Taxation Laws Amendment Bill, 2007." This Bill enacts some of the main tax policy changes announced in my February 2007 Budget Speech. The Bill contains measures to assist individuals, with a special emphasis on savings. The Bill also seeks to assist small business by extending the small business tax amnesty by another month.
Given the continually growing economy and administrative efficiencies of the South African Revenue Service, Government is once again able to provide individuals with across-the-board personal income tax relief. At the low end, income up to R43 000 will now be tax-free instead of the former threshold of R40 000. The 18% bracket now ends at R112 500 instead of the previous R100 000. At the top end, the 40% rate now kicks in for taxable incomes above R450 000 instead of R400 000. The net result is over R8,8 billion worth of personal income tax relief.
However, some of the most notable changes have come in the area of savings. First and foremost, the Tax on Retirement Funds has been repealed. Long-term savings for pension, provident funds and individual retirement annuities can now grow tax-free so as to maximise the savings "nest egg" of future retirees.
Outside this process, it should also be noted that National Treasury is simultaneously undertaking regulatory reform so that this savings "nest egg" ultimately works for the benefit of hard working individuals, not for the benefit of intermediaries and financial institutions. These initiatives have included our interventions with regard to surplus apportionment, a statement of Intent with the insurance industry so minimum values will be preserved for those wrongfully deprived of their retirement savings and compensation for the bulking of pension interest.
Another related amendment that will be of great interest to future retirees is the new tax regime for lump sum payouts on retirement or death.
All amounts above R900 000 will be subject to 36 per cent.
Retirees will also not be taxed to the extent they recover non-deductible contributions. The regime will apply equally to pension, provident and retirement annuity funds.
A final set of savings relief measures are also of note. The interest and dividend exemption for individuals of age below 65 will increase from R16 500 to R18 000 and the exemption for older individuals will increase from R24 500 to R26 000. The exemption for capital gains and losses will increase from R12 500 to R15 000. Lastly, the estate duty exemption increases from R2,5 million to R3,5 million, and the donations tax exemption increases from R50 000 to R100 000. Most of these changes should stimulate savings so that individuals have sufficient funds upon retirement or to pass onto future generations.
In the budget speech of 2006 I announced an amnesty for small businesses, including taxi operators, which this house approved. The amnesty application period ran from 1 August 2006 to 31 May 2007.
I am pleased that announce that SARS has received two hundred and seventy five thousand three hundred and ninety eight (275 398) applications for this amnesty. After an initial slow take up, the last two weeks saw thousands of applications flooding into SARS offices. With the kind "permission" of the Chair of the Portfolio Committee on Finance we allowed two extra days for applications as the queues at SARS offices were very long despite offices being open for longer hours.
Earlier this week I met with some organisations who wrote to me requesting an extension to the deadline of the small business tax amnesty. Arising from that meeting and considering the overwhelming response by small businesses who applied for amnesty, I decided to request Parliament to approve an extension to the deadline.
The Bill therefore makes provision for a one month extension to the small business tax amnesty deadline until 30 June 2007. In addition SARS will allow applicants until 31 August 2007 to submit all documents supporting their amnesty application.
I have to point out that we grant this extension from a position of strength. The response was overwhelming and the staff at SARS have done a great job with this campaign and I want to express my appreciation to them. This campaign took SARS to remote parts of the country not visited before where they spoke to may small business owners working the economy.
It is important that those organisations that approached me for an extension should now show what they can deliver with such an extension.
Two other matters are worthy of an ending note. The Bill once again assists public benefit organisations (or "PBOs") for the betterment of society. The tax deductible ceiling for donations to qualifying PBOs will be increased from 5% of taxable income to 10% to promote charitable giving. PBOs are currently exempted from tax on gross trading income of at least R50 000. This amount is increased to R100 000 so that additional funds are available, especially to small PBOs, for public benefit activities.
Finally, the Bill targets corporate amalgamations that undermine the tax base. Under current law, taxpayers have attempted to use amalgamations to strip out profits free of the Secondary Tax on Companies. This potential loophole has been closed. However, legitimate transactions should not be unduly affected.
Once again, I would like to thank the Chairman, the Hon. Nhlanhla Nene for his leadership, and the members of the Portfolio Committee for their constructive role in the process. Madam Speaker, I hereby table the "Taxation Laws Amendment Bill, 2007", as well as its companion, the "Taxation Laws Second Amendment Bill, 2007."
<fn>GOV-ZA.2007061301En.2012-02-10.en.txt</fn>
The Minister of Finance, Trevor A Manuel, MP today announced the re-appointment of Mr Rob Barrow as the Executive Officer of the Financial Services Board (FSB) for a further period of twelve months, until 30 June 2008.
This will enable Mr Barrow to conclude a number of significant regulatory investigations and initiatives, while affording sufficient time to handover responsibilities to a successor. The process of identifying a successor will commence immediately, with the position to be advertised shortly.
<fn>GOV-ZA.2007061801En.2012-02-10.en.txt</fn>
Madame Speaker, the Pensions Funds Amendment Bill, 2007, being debated in this House today addresses urgent technical and regulatory issues in the Pension Funds Act, 1956.
The House will remember that in 2001, the Pension Funds Second Amendment Act was passed. That Act primarily dealt with two important issues, that of the apportionment of surplus in a pension fund and minimum benefits for pensioners and members on withdrawal. The Second Amendment Act took a number of years to finalise given the emotive issues concerning the use of pension fund surpluses over the past few decades.
This House will also remember that the Act was vigorously debated at NEDLAC, and it was recognised that in many instances the former members of pension funds were important contributors to the build up of pension fund surpluses over time. As a matter of equity, in any distribution of surplus, the former members would have to be considered. An equitable apportionment of surplus therefore involves all the stakeholders in a fund: former members, current members, pensioners, and employers.
This process naturally involves large sums of money, which in some cases could require an employer to repay surplus utilised improperly by the fund. The vast majority of pension funds have complied with the spirit and intention of the 2001 Act in apportioning the fund surplus. But not unexpectedly, given the sums involved, some legal challenges have been brought forth since 2001, as quick legal minds, and those seeking to avoid liability, scoured the Act for legal loopholes.
Madame Speaker, in many ways these challenges seek to subvert the spirit of the original legislation passed by this House, by interpreting the law in the narrowest sense possible. We would not do this House justice if we did not seek to reinforce and entrench the provisions and spirit of the 2001 legislation with regards to surplus apportionment, thereby protecting the most disenfranchised in our society.
The Bill before this House therefore attempts to close the legal loopholes by clarifying certain provisions related to surplus utlised improperly in the past by employers and other provisions relating to surplus generally. The proposed changes contained in the Bill follow the same principle ratified by this House in 2001, namely that surplus apportionment is not a so-called "witch-hunt" against employers but rather a process of correcting for abuse and applying fairness in the surplus apportionment process. It is about ensuring that a proper balance of interest is struck between stakeholders.
a more equitable treatment of a non member spouse in the case of divorce. This will see an end to the inequitable treatment of divorcees whereby little or no growth is attached to the portion of the pension monies allocated to them by an order of court. The Bill also incorporates relationships recognised under the recently promulgated Civil Unions Act, and makes allowances for other orders of court, such as maintenance orders.
Importantly, Madame Speaker, the Bill significantly increases the powers of the Registrar of Pension Funds, including the power to impose administrative penalties. This House is well aware of the several instances of abuse in the pensions and insurance sectors which have been exposed in the past few years. Such abuse is often due to lax governance, inadequate disclosure, conflicts of interest, and poor trusteeship. In the face of such difficulties, not only do these problems need to be addressed, but the regulator requires sufficient powers to intervene where necessary to protect the interests of members. The provisions of this Bill will bring the supervisory powers of the Registrar in line with international standards and best practice.
In conclusion, this Bill is an important step forward in the continuing effort to protect the monies members faithfully contribute towards their retirement over their working lives. It will ensure that the original intention of this House in 2001 is adhered to and that all stakeholders, including former members, will be treated fairly in the apportionment of pension fund surplus. We also owe it to members to build not only a sound governance and legal framework, but also to provide those who police participants in the industry, in this case the Registrar of Pension Funds, sufficient powers whereby they can efficiently execute their duties.
These are urgent improvements to the regulatory architecture that can be instituted now for the benefit of all while we simultaneously set about the broader social security and retirement fund reform process.
Before closing, may I convey my thanks once again to Minister Trevor Manuel, the Director General of National Treasury, Lesetja Kganyago and his team, and the Portfolio Committee on Finance, under the chairmanship and steady hand of Mr Nlanhla Nene.
Madame Speaker, I hereby request that the House pass the Pension Funds Amendment Bill, 2007.
<fn>GOV-ZA.2007061901En.2012-02-10.en.txt</fn>
Madame Speaker, the Diamond Export levy Bills, 2007, provide for a levy on the exports of rough diamonds from South Africa. It should be noted that the imposition of an export tax is already contained in the Diamonds Act of 1986. One of the many positive aspects of our Constitution is the requirement that all taxes must be imposed by way of a Money Bill, thereby providing for greater transparency and oversight. Amendments to the Diamonds Act during 2005 have resulted in the need for amendments relating to the export levy on rough diamonds, thereby requiring a separate Money Bill. Both sets of changes represent an inter-departmental effort with the Department of Minerals and Energy working toward regulatory reform, while the National Treasury assists with supporting fiscal measures.
The original intent of the export levy on rough diamonds was to facilitate adequate and regular supplies of rough diamonds to local cutters and polishers (diamond beneficiators). The Diamonds Act of 1986 was only partially successful in this regard. The Department of Minerals and Energy accordingly amended the Diamonds Act in 2005 to improve regulatory oversight. The revised export levy on rough diamonds is intended to compliment these regulatory provisions.
The export levy on rough diamonds in the Diamonds Act of 1986 is currently set at 15 per cent. However, this Act provided for relatively generous exemptions. The proposed Diamond Levy Bills, 2007 reduce the export levy on rough diamonds to 5% but tighten the relief provisions, thereby laying a foundation for increased effectiveness. It should also be noted that the reduced 5% rate was not intended to undermine the power of the levy as a deterrent. According to informal police estimates, diamond smuggling costs are between 2.5% and 5% of gross diamond values. Therefore, the current 15% rate merely enhances smuggling; whereas, the proposed 5% rate is high enough to deter unpolished exports without hidden benefits for smuggling.
The proposed relief measures ensure that the local supply of rough diamonds is commensurate with local demand. No reason exists to force diamonds onto the local market beyond local capacity. The core element of these incentives is to encourage producers to supply the local market with rough diamonds so that they can export the remainder free from the levy.
Relief for large producers As a general rule, the Diamonds Act, as amended in 2005, requires that all rough diamonds intended for export must be offered via a tender process at a Diamond Export and Exchange Centre (DEEC) for sale. However, in the case of large producers, the Minister of Minerals and Energy may waive the requirement to offer all rough diamonds on the DEEC. This waiver is, for practical reasons, to ensure that the DEEC tendering process is not overwhelmed by large volumes of very small rough diamonds.
that producer's total gross sales in the same period exceeds R3 billion.
The Diamond Export Levy Bill provides a large producer with a levy exemption for an assessment period under similar conditions.
Relief for medium producers Medium size producers will not receive a compulsory waiver from the DEEC tendering process.
that producer's total gross sales within the same period do not exceed R3 billion per annum.
Exemption for small producers Like medium producers, small producers will not receive a compulsory waiver from the DEEC tendering process. However, small producers receive relief from the export levy without any prerequisite of sales to local diamond beneficiators. In order for this exemption to apply, the producer must satisfy two basic sets of requirements. Firstly, the producers total sales cannot exceed R20 million per annum. Secondly, anti-avoidance measures exist to prevent small producers from splitting sales across several controlled companies for purposes of avoiding the levy.
Relief for diamond beneficiators It is not always possible for a diamond beneficiator to cut and polish 100 per cent of the diamonds purchased. The Regulator may accordingly grant a beneficiator permission to export rough diamonds if the local beneficiator will cut and polish 80% of the diamonds purchased. Once this permit is issued, the diamond beneficiator is exempt from the levy in respect of the 20 per cent remainder for export provided that the diamonds are first subject to the tendering process of the DEEC.
While the levy is regulatory in nature (i.e., not primarily intended to raise revenue), the import credit and the exemptions may be limited in order to raise revenue if deemed necessary (e.g. to fund the activities of the Regulator). Currently, we see no need for this limitation because all related administration is being fully funded on budget.
Before closing, I am compelled to correct recent news stories two daily newspapers that erroneously indicated Government's intent to make concessions on behalf of large producers. When revising the diamond export levy, the National Treasury was well aware of the fact that certain key stakeholders control more than 95% of local production. Ill-considered regulation could create undue pressures on smaller players. The loss of smaller players would clearly undermine competition, thereby undermining free market forces. In view of these concerns, a one-size-fits-all approach was rejected because such an approach would unduly impact smaller players.
Instead, National Treasury sought to impose the higher local benficiation requirements on large producers. Only large producers have a 40% local diamond beneficiator sales requirement; whereas, medium producers face a 15% requirement and small producers must merely tender their diamonds at the DEEC. The threshold for a large producer was shifted from R5 billion gross sales per annum down to R3 billion to ensure that larger stakeholders retained the 40% requirement despite anticipated sales of certain diamond mines. Therefore, the R5 to R3 billion threshold change was not a concession for large producers as erroneously reported but a tightening of beneficiation requirements.
Secondly, the news also erroneously reported that National Treasury planned to make the diamond export levy deductible from Income Tax. What was said during the parliamentary hearing process was that such a deduction would be considered. I have since considered the request but have decided against this concession. It is clear that the levy can by avoided in full if producers meet the requirements to supply local beneficiators. Hence, the levy effectively acts as a penalty where a producer fails in these local supply requirements. It is therefore reasonable to argue that the penalty nature of this levy prevents the levy from being deductible against Income Tax.
In closing, I would like to thank the Chairman Nhlanhla Nene of the PCOF for his leadership, and the members of the Portfolio Committees on Finance and on Minerals and Energy for their constructive role in the process. Madame Speaker, I hereby table the "Diamond Export Levy Bill, 2007", as well as its companion, the "Diamond Export Levy Administration Bill, 2007."
<fn>GOV-ZA.2007070105En.2012-02-10.en.txt</fn>
The Prevailing Interest Rates are applicable from the first day of the month (1st July 2007) until the last day of the month (31st July 2007).
2-year Retail Bond: 9.00% 3-year Retail Bond: 8.75% 5-year Retail Bond: 8.
<fn>GOV-ZA.2007070401En.2012-02-10.en.txt</fn>
There was a time, long before it was thought useful or responsible to connect the words "corporate" and "governance", when it was understood that the privilege of corporate identity has its roots in an act of government charter: that it is the law that makes possible the separation of a corporation from its shareholders or owners, and it is the law that defines the special privileges and obligations of directors in their agency role between stockholders and managers.
These special arrangements have provided a powerful engine of economic and technological progress: simple proprietorships or partnerships could not have mobilised the capital, or taken the industrial risks or combined resources on the scale that has been possible in the modern corporation. But there have always been risks of abuse or exploitation of these privileges, and so there has always been a struggle against the veil of secrecy that protects corporate decision-making. Indeed, modern company law and labour legislation are at least in part about lifting this veil and imposing civilizing standards in the boardroom and the corporate workplace, precisely because the power of an undisciplined charter is so great, and its obligations so easily corrupted.
Adam Hochschild's book King Leopold's Ghost provides an eloquent reminder of just how extreme the human horrors were that accompanied exploitation of central Africa's ivory, rubber and mineral resources behind the veil of an unconstrained corporate charter. He also reminds us of the courage and persistent application of those who uncovered and opposed the pillaging and rape of Africa's heritage and people, in newsletters that were distributed through charitable organisations and in public petitions, Sunday sermons and occasionally successful law-suits, and through popular resistance and acts of sabotage. The corporate extravagances that have captured headlines in more recent times have perhaps more often involved financial treachery than human brutality. But it is still the case, in the 21st century, that respected corporations take advantage of exploitative labour conditions or weak environmental standards in developing countries. And it is still the case, in the 21st century, that human rights organisations, investigative journalists and local anger play at least as prominent a role in exposing the abuse of corporate power as do official multilateral agencies and national regulatory bodies.
And so it is still the case, even with the great expansion of corporate statutes and the codification internationally of rights and responsibilities and obligations in more detail than any of us have patience for, that the law is not enough.
The law is not enough, and we surely would not want to live in a world in which we relied only on the law for the protection of human worth and the integrity of social partnerships.
If the law is not enough, then compliance with the law is not enough, and we have to put the spotlight also on what we understand by fiduciary responsibility and corporate identity.
Indeed, it is possible that the law and its compound multipliers in the form of regulatory agencies and their minutiae of instrumentalities try to do too much, and so the resulting culture of technical compliance, often delegated to secretarial officers, is counterproductive. It is not so much that the law is inadequate, which it is, or even that every codification leads to a plethora of innovative reactions which themselves require regulatory response - it is not so much this ever-widening scope of the formal constraints, but it is the complementary relaxation of discretionary judgment in the boardroom that is of concern.
The problem of an undue burden of formal compliance is rightly on your conference agenda, and your programme convenors have been so bold as to question whether regulators are a help or a hindrance. There will be lively discussion of this, I am sure: let me simply suggest that the answer depends at least in part on how directors and managers respond to regulatory interventions. If there is a tendency to react formalistically and dispense with intelligent judgment in the face of regulatory challenges, instead of an interactive engagement with the underlying issues, then there is every risk of a descent into a bureaucratic gridlock.
Of parallel concern is the tendency to codify and quantify risks in analytically demanding ways. Technical analysis of risks is a non-trivial undertaking and may yield important insights. But all too often it leads to elaborate and impenetrable reporting formats, excessive board paperwork and an uncomfortable presumption that whoever compiles the reports must know what's going on and is dealing with whatever it is that the graphs and numbers and algebra are signaling.
Rigorous analysis has an important place in the corporate oversight chain, but it should not be allowed to throw a blanket of obfuscation over the ordinary monitoring and reporting functions. More information may bring additional insights, but there are also risks associated with information overload and unwarranted complexity. Simple, accessible styles of communication are a pre-requisite for effective corporation governance, and not just in small enterprises but most especially in large many-layered multi-objective organisations.
The important point is that by keeping issues or options clear and communicating effectively, there is a better prospect of an intelligent discourse and real engagement with responsibilities and alternatives. On the subject of information and how it is organised, generalisations are unhelpful: every company, every project, every problem needs the light of a particular window, its own illuminating lens. But we should also understand that as accounting and analytical systems evolve further in complexity and detail, so the burden of keeping pace or of catching up becomes that much more onerous for small firms or for developing countries. Where straightforward systems can do the job, they should be retained; the additional cost of complexity needs to be carefully weighed against its benefits.
Complexity should not be confused with formalisation.
Allen Schick is an economist whose insights into budget systems and public sector financial management have assisted so many countries through these reforms over several decades. In a recent paper he presents a compelling account of how formalisation of decision-making, over time, contributes to steady improvements in the quality of public resource allocation. Formalisation means the replacement of arbitrariness and accidental privilege with systematic processes and laws of general application. But Schick is also alive to the risk of developing countries trying to leapfrog over these institutional developments by adopting modern infrastructure and systems all at once. He warns, for example, against trying to implement full-blown accrual accounting systems when the professional capacity needed is not in place. The consequence of premature formalisation of complex requirements is that the modern parts of these countries prosper while lagging communities or sectors are left further behind.
If the templates put forward as formal models are unduly complex, then they are unlikely to be effectively implemented and the results will be unpredictable and arbitrary. Indeed, the institutional origins of fraud and corruption are frequently to be found in failed attempts to implement inappropriately complex management and control systems.
So when you give consideration, as you will, to the question: do investors have a role in corruption - I would suggest that you also ask whether inappropriate management information and governance systems also play some role in this dynamic?
Let me return, by way of conclusion, where I began, which is the symbiotic relationship between the law and the corporation. There is an obvious point to make, which is that effective and healthy corporate governance arrangements are needed as much in the public sector as they are in private business enterprises. This is true and it bears emphasis, because questions of how to measure and reward performance, how to manage conflicts of interest, how to structure information for executive decision-making efficiently, how to articulate and manage competing objectives and priorities, how to identify and manage risks - these are problems of agency and accountability whether the corporate proprietor is an array of private stockholders or a government acting on behalf of its citizens.
But it is not the commonality but the different roles and responsibilities that I want to leave with you. The idea of fiduciary responsibility of the directors of a corporation - the idea that it is right and proper to act in the particular interests of the corporate entity, without special regard to other interests - is given intellectual force by the idea of competition, that the market process sets limits to the abuse of power, subject to the common constraints of the law. Corporations act in the interests of their shareholders, while it is the responsibility of government to look after the wider public interest, to provide an appropriate legal framework, to protect the weak and the vulnerable, to attend to externalities and market failures - to address, in other words, the "other interests" that might otherwise trouble the consciences of responsible directors.
This is a tidy bit of neoclassical theory, but on reflection it raises troubling concerns. These days we know - think of climate change or avian flu - that externalities cannot adequately be dealt with by individual countries' sovereign laws. These days we know - think of tax laws and labour standards - that investment decisions and global production can be driven by factors that are very remote from the optimal resource allocation criteria of the microeconomics textbook. These days we know - think of accounting practice - that access to information is highly asymmetric and imperfectly regulated.
And so we need to understand that sound corporate governance is not enough. We have shared interests - as citizens, as responsible inhabitants of an abused planet earth, as partners in the challenge of creating a fairer world in which opportunity and assets are more broadly held. These shared interests will not be addressed by corporations acting in keeping with their narrow self-interest, nor can they be addressed by governments acting alone, or even by governments and public interest organisations acting in concern internationally. They also require a broader concept of corporate responsibility than the idea of governance that presently enjoys popular currency. And so this conference provides an opportunity to reflect on the challenges and opportunities for deepening governance and accountability, but also perhaps to explore beyond the frontiers of corporate identity, because just as we exist, as human beings, through others, so also the responsible corporation has its identity in part through the values and commitments it shares with others.
<fn>GOV-ZA.2007071005En.2012-02-10.en.txt</fn>
The National Treasury, through the Asset and Liability Management Division determines the Prevailing Floating Real Interest Rates for the 3-year, 5-year and 10-year RSA Inflation Linked Retail Savings Bonds for the period 10 July 2007 until 30 November 2007.
The Prevailing Floating Real Interest Rates are priced off the Government Inflation Linked Bond's yield curve on the interest payment dates, which are 30 November and 31 May per annum, and will apply over the interest payment period.
The semi - annually interest payable will be calculated on the inflation adjusted capital over the term of the investment. The capital invested will be adjusted according to the official Consumer Price Index (CPI).
3-year Retail Bond: 2.75% on inflation adjusted capital 5-year Retail Bond: 2.75% on inflation adjusted capital 10-year Retail Bond: 2.
<fn>GOV-ZA.2007071301En.2012-02-10.en.txt</fn>
Finance Minister Trevor Manuel, MP once again re-iterates South Africa's strong support for the G-20 position that the heads of the international financial institutions, including the International Monetary Fund (IMF), should be appointed using an open and transparent selection process with candidates not restricted by nationality.
The Managing Director of the IMF, Mr Rodrigo de Rato, announced recently that he intends to step down from his position in October 2007. It would therefore be unfortunate if a truly merit-based process, allowing the consideration of candidates from all member countries whether advanced or developing were not followed.
South Africa however, welcomes the IMF Executive Board's announcements on 9 and 12 July that there will be an open, transparent process for selecting Mr de Rato's successor, with candidates being considered regardless of nationality and hopes that the IMF truly considers the concerns of many of its member countries.
<fn>GOV-ZA.2007072001En.2012-02-10.en.txt</fn>
I would like to thank the Institute for Justice and Reconciliation for the honour of presenting this lecture. It is an honour accentuated by the commemoration of the 20th anniversary of Ashley's murder.
Yet, at the risk of appearing insensitive to so great a tragedy, I do not wish to focus on Ashley himself. All of us know of the remarkable achievements of his short twenty years. More importantly, it is necessary to both avoid the cult of the personality and to make assumptions of what Ashley may have lived to be. We have to focus and beyond have all ended in a variety of different places - some of us are public representatives, some are public servants, others entrepreneurs, some still remain full-time organisers, and yet others have had difficulty in adjusting to the scale of changes. Few of us have had a choice about what exactly we would do after that phase of struggle that so defined our being. None of us committed to the struggle with any ulterior motive or the vaguest notion of what we would be tasked with later - the only order was, and still is, service to our people.
We should also remember that yet others of our generation have passed on - whether due to natural or unnatural causes. I want to pay a special tribute to the immense contribution of Comrade Verlin Swarts who was recently laid to rest.
So, it is necessary that we draw attention to the cause for which Ashley laid down his life.
Come tell me these dreams become war, the birth of heroes, land reconquered, mothers who, fearless, send their sons to fight.
Come, tell me all this, my brother.
And later I will forge simple words which even the children can understand words which will enter every house like the wind and fall like red hot embers on our people's souls.
Bullets are beginning to flower.
Let us just listen to that strong last verse again.
And later I will forge simple words which even children can understand words that will enter every house like the wind and fall like red hot embers on our people's souls.
So, the challenge which arose from Ashley's murder is a challenge to those who remained. It has, for the past twenty years, been a challenge to ensure that the bullets that tore into his body in Albermarle Street in Hazendal on 09 July 1987, have flowered. It is a challenge that is continuous and presents itself to the generation of the 1980's who live on and struggle on.
questions about whether the "simple words" were forged, whether these words entered every house and whether they have burnt into our people's souls like "red hot embers".
Looking back over these twenty years, we will acknowledge that in the immediate aftermath of his death, all of the messages were understood and, indeed, multiplied. The repetitive states of emergency failed, mobilisation increased and the apartheid regime crumbled. But, we will also all agree that there has been a break in the necessary continuity, and I think that we know that the gains of no revolution have been permanent.
All of us who spent any amount of time with the young Ashley would know of the extent to which he was inspired by other revolutions of the time - obviously the great romance of the Cuban revolution was an immense inspiration, but so too was the Nicaraguan revolution in the 1980's, and as Africans the three great revolutions in the former Portuguese colonies were the greatest motivation. Even today, it is good to quote from Jorge Rebelo, one of our great inspirations from Amilcar Cabral who led the PAIGC in Guinea-Bissau and the poet and first President of a liberated Angola, Augustino Neto of the MPLA.
Beyond the words, we need the analysis of each of these countries - to hold them up as a mirror to our own efforts and to understand the unfolding of history. Much has changed in these past twenty years - the Berlin Wall fell two years after Ashley, seven years after his passing we marked the arrival of democracy in our own country, and over all of this period the world has steadily and continually integrated.
Nicaragua was over-run by the US-backed Contras, the people were impoverished even more than they were under the Somoza -regime and just last year, Daniel Ortega was reelected as President in what has now become one of the resource constraints he now faces are much, much more difficult than in the heady days after the 19 July 1979 Sandinista revolution. It remains to be seen whether the government he leads will be able to improve on the material conditions of its citizens.
Angola, where Ashley trained, resolved its battles with the counter-revolutionary UNITA some time ago. It remains one of Africa's countries best endowed with natural resources, yet its citizens live in abject poverty and are denied access to the most basic of public services. I recently read an article that described President Josè Eduardo dos Santos as "one of the world's most crooked and predatory presidents in the world"1. This is indeed a profound tragedy.
1 "Their men in Washington", Harper's Magazine, July 2007, P61 so the extent and quality of public services improves concomitantly.
Guinea Bissau is increasingly and despairingly being described as a "Narco State". I read a heart-breaking article recently that described that country, for which Amilcar Cabral lived and died in the following terms, "there are few phone lines and almost no electricity. Even the president's office building has a generator roaring outside. The judicial police headquarters has no working communications radio, computer or phone. Its four police cars all need repair, and there is no money for fuel. In theory police officers earn about $100 per month. But like the nation's judges, bureaucrats and Cabinet Ministers - they have not been paid since January. Civil servants received only three months pay last year."
2 "Cocaine Country" by Vivienne Walt, Time magazine 09 July 2007.
Jorge Rebelo and ask about the words falling 'like red hot embers' on the souls of the citizens of those countries and ask the tough question, did the bullets begin to flower?
We have to learn from the world because we tend to be extremely hard on ourselves. If we asked the same questions about South Africa, there is so much we can learn. Pause and consider the measurables - the number of houses constructed and handed over, the number of homes connected to electricity and water, the provision of free basic services, the number of clinics and hospitals built, the number of learners registered in the schooling system, the number of police personnel we employ, or the number of vehicles at their disposal - on all of these counts we score exceedingly well. Or we can take a high level view of the amount we spend on public services, as against what we spend on functions like defence - we are one of the very few countries in the world that spends more on water provision than we do on defence - and we can feel proud as South Africans. Yet, in each of these areas, the quality of the services leaves so much to be desired, and in the consequence the majority of the joys of the flowers that ought to grow from where the bullets fell.
So we must pause to consider this deficiency.
The Freedom Charter contains the fundamental perspective of the vast majority of the people of South Africa of the kind of liberation that all of us are fighting for. Hence it is not merely the Freedom Charter of the African National Congress and its allies. Rather it is the Charter of the people of South Africa for liberation Because it came from the people, it remains still a people's Charter, the one basic political statement of our goals to which all genuinely democratic and patriotic forces of South Africa adhere.
This is not rocket science - the bulk of the Freedom Charter is an expression of ordinary people about their desire for improvements in the quality of their lives, it is a coherent statement that binds us to improve on the quantity and quality of public services. Our Constitution preserves these fruits of struggle by entrenching access to these services in the Bill of Rights.
Now, in order to deliver these services we need a few basic ingredients - firstly, we need policies and we have these in abundance and all of these policies can be tested against those described in the Freedom Charter. Secondly, we need financial resources - as the figures attest, and in a situation where we currently run a budget surplus, the financial resources are clearly not a constraint. Thirdly, we need people, as in public servants - in national and provincial governments we employ 1.3 million public servants and the municipalities together employ roughly 250 000 workers. That gives us a total of roughly 1.6 million workers employed in the provision of public services - in fact, this amounts to not getting a return on investment from this.
One of the key challenges confronting South Africa is human resource development. It has been a central impetus for struggle across all political persuasions since the introduction of Bantu Education in 1954. The Freedom Charter gave full expression through the clause, "The Doors of learning and Culture shall be Opened." We all understand that the only way to reverse the scourge of unemployment, under-employment and under-development is through education.
This fact is confirmed by the Transformation Audit of our hosts, The Institute for Justice and Reconciliation. The 2006 Audit advises, "By 2008/9 South Africa will be spending R 112 billion per year on public provision of education. This amounts to nearly 20 per cent of noninterest expenditure, the largest spending on a single sector, and is over R 26 billion more than the current fiscal year's allocation."
4 Transformation Audit 2006, Institute for Justice and Reconciliation.
obstacle to social and economic development.
The report details this fact in numbers by sharing that the matric pass rate last year, as a percentage of the cohort was 35.9% and the Maths Higher Grade pass rate was 2.7%. I submit to you that this is a deep tragedy, compounded by the fact that school education has been constructed in a model that provides for the tightest community control through the establishment of School Governing Bodies.
There are sound developmental reasons why the struggle for education is so important - the core responsibility of education in a democracy is to equip an individual to act and think in the existing situation, while providing him or her with the means to go beyond that situation.
So, let us return to the basic precepts - the delivery of public services is dependent on three ingredients - policy, financial resources and people. We have established that the first two are in place, what exactly is wrong with the third Might it be that all of our articulation, wrong Might it be that the expressions that we learnt from the Freedom Charter, that "The Doors of Learning and Culture would be Opened" were so misunderstood Could it be that we had so convinced our people that Freedom was to be attained in a single day, beyond which there would be magic - and that that day was 27 April 1994, beyond which no further action would be required of us Or might it be that our words failed to "fall like red hot embers on our people's souls" and that the people most impervious to the heat of such embers are our educators?
Should we not pause to ask what these abysmal outcomes are about I have used the example of education, but I could as easily have referred to the provision of healthcare or policing or the construction of communities where once townships existed. But I have used education consciously because it provides such a tangible link between our collective past and future, where our present actions will determine the outcomes. I have used education deliberately, too, because it was so important a site of struggle for the youth in places like Bonteheuwel where the leadership was provided by the young because we should all understand that if we fail in this area, we will fail this generation of young people, who will be unable to find employment. And believe me, with a 2,7% pass rate in maths on the higher grade, the 97.3% who did not pass maths on the higher grade will definitely not find either employment or enrolment in tertiary education, and unemployed young people are a risk to all of the gains of our revolution - they find the money and power of gangsterism and drugs too attractive, and thus carry the seeds of counter-revolution?
This example also speaks directly to whether the bullets that slayed Ashley and Anton Fransch, or Christopher Truter, or the victims of the Trojan Horse Massacre, or the Gugulethu Seven or even Robbie Waterwich and Coline Williams were bits of propelled lead that took lives - or whether, as in the words of the poem, they will flower to produce a different future.
In raising this as sharply as I do, I am not trying to absolve the state. Rather, I am asking questions about whether we have the quality of partnership to deliver the developmental outcomes for which so many developmental state, but it needs strong partnerships with organised communities. Organised communities must ask of our people to remain as engaged as we have always been - we demonstrated our power when we had the state as the enemy; but it also needs a developmental orientation amongst those of our people employed to provide the public services to make a difference. In short, the relationship between the state as employer and those in its employ can never merely be defined by the norms of industrial relations - it has to be focused on the objectives and the outcomes. And we all know what we strive for.
This discussion is about the challenge of continuity in leadership and struggle. Any such discussion would be incomplete without a reference to the struggle for non-racialism.
we knew and understood that victory would be seized time and again by literally 'crossing the railway line'. In this province, it appears that the struggle for non-racialism, with a focus on working class solidarity, was best advanced in conditions where the African has been significant slippage and, in general terms, even in 'personto-person' context, the struggle seems to have been abandoned. The impact of this deficiency on the conscious development of a nonracial, non-sexist democracy is worrisome. Its tardiness speaks to a discontinuity which might be a measure of a consciousness which has either never existed, or has existed in the subconscious only.
Perhaps we need to alter our perspective on what the state should and should not drive - perhaps we, in government, ourselves may have been naïve in believing that the partnership would be automatic. Perhaps we assumed that it would be understood by all as a necessary continuum to lock in the gains of our revolution, and we have been let down. Perhaps we ourselves must focus more strongly on the outcomes we seek and explain continuously that a developmental state must lead more strongly. Perhaps we should drive a consensus about the fact that the developmental state is the very antithesis of a namby-pamby entity with policies and vision but lacking the muscle to drive the changes. Perhaps government must be more prepared to act against its own when people do wrongs, yes, perhaps we are at fault for not being sufficiently determined. But if we are at fault, then do not complain when we drive a harder bargain.
Much of what I have said thus far focuses on what we can measure. We should surely also give much more attention to developing a system of values to ensure that "the bullets begin to flower". We have to do battle with the notion that as a consequence of democracy this country has been atomized into 50 million entities who each must see for themselves. We must guard against the cult of the personality and this terrible drive to get rich by any means necessary.
Thus everyday and during every waking hour of our time beyond sleep, the demons embedded in our society, that stalk us at every minute, seem always to beckon each one of us towards a realisable dream and nightmare.
If we succumb to those demons, or if we allow any part of our communities to succumb, we will never be able to provide a growing and shared prosperity for all.
So rather than merely focusing on what is wrong, we must recommit to what we can and must do that is correct.
People should be equipped and empowered in such a way that the manner in which they receive their educational and economic equipment leave the greatest range of social and economic life open to experimental reshaping. The practical means of basic human rights rests on an apparent paradox. We make people's basic rights and capabilities secure against the swings of the market and the reversals of politics.
5 Thabo Mbeki, Nelson Mandela Lecture, Wits University, 20th July 2006 all the more in the midst of innovation and change. We do so, however, in the hope of making the scope for valuable change broader.
So our responsibility is to give form and life to the relationship between the state and society, to lock in the gains of our struggle and to correct the deficiencies that we have inadequately addressed in the past thirteen years. But, we do so mindful of the fact that our people are disempowered, and without due care the mere existence of a 'friendly state' could potentially further disempower them.
The empowerment of our people can only come through detailed engagement and the principled commitment to plough back into the communities that spawned us. This is no small task - it is the act of bringing the bullets into flower. It calls for a dedication and commitment no less than that which we demonstrated during the events that cost Ashley and so many other young people their lives.
6 "What Should the Left propose" Roberto Mangabeira Unger, Verso 200?
I have an enduring memory of the funeral of Ashley (an event I missed because I was in prison); it is of the battle between our comrades there, many of whom are here with us this evening, and the police, as represented by Dolf Odendaal, for control of the ANC flag that draped the coffin. The comrades secured the flag on that day - and we must commit to securing the flag from this day forward. Our flag is not three bits of cloth sewn together - it is the very embodiment of what drove our action, it is the source of our courage, it is the history of ninety-five years of struggle, moreover it is the repository of the values for which so many laid down their lives. Take it, hoist it, salute it and cherish it - that was the spur to Ashley's action twenty years ago and it must remain the spur to our actions still. We must in good conscience and in unison declare "in our land, bullets are beginning to flower".
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The Prevailing Interest Rates are applicable from the first day of the month (1st August 2007) until the last day of the month (31st August 2007).
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The Minister of Finance comments on the release of the 2007 International Money Fund (IMF) Article IV Staff Report on South Africa; and responds to fiscal recommendations of the Task Team on Synthetic Fuels.
The Minister of Finance Mr. Trevor A Manuel, MP invites you to a media briefing about the release of the IMF Article IV Staff Report on South Africa; and his reponse to the fiscal recommendations of the task team on synthetic fuels.
The 2007 IMF country report discusses macroeconomic policies, structural and social issues and in each of these areas South Africa is given positive assessments, including success in stabilising the economy through skillful macroeconomic management and considerable progress in structural reforms.
The Report also notes the major policy challenges facing South Africa, which include achieving higher, sustained economic growth, a substantial reduction in unemployment, poverty and a continued fight against the prevalence of HIV/AIDS.
The findings of this report reflect Government's continued commitment to sound fiscal and monetary policy and commitment to greater transparency. A copy of the full report will be available on the International Monetary Fund website http://www.imf.org and on the National Treasury's website http://www.treasury.gov.za on Monday 6 August 2007.
Minister Manuel will also respond to the fiscal recommendations of the task team that he appointed to investigate possible reforms to the fiscal regime applicable to windfall profits in the liquid fuels sector, with particular reference to synthetic fuels. The task team, headed by Dr Zavareh Rustomjee, was appointed in May 2006 and submitted their recommendations to Minister Manuel on 9 February 2007. The Minister is now in a position to respond to the recommendations.
To confirm attendance please contact Sinombulelo Mlisa 012 315 5170 or 083 651 0238 before 14:00 on 03 August 2007 as parking arrangements will have to be made.
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Article IV reports are a result of bilateral discussions between the IMF and its member countries about economic and financial information as well as the country's economic development policies. The IMF currently has 185 member countries. The report provides crucial information such as the country's macro-economic situation, including developments in the monetary, fiscal and financial sectors of the economy. Of critical importance to the discussions are six key elements namely; GDP growth, fiscal position, balance of payments, exchange rate, labour market issues and monetary policy.
The overall assessment of the Report is optimistic about robust growth, rising employment and further improvement of the fiscal position and foreign reserves. There is agreement between South African authorities and the IMF about these economic prospects.
Real GDP growth is projected by the IMF at 4.8 percent for 2007 and 4.5 percent for 2008, from 5.0 per cent in 2006. The National Treasury has a more optimistic growth projection of about 5 per cent based on stronger capital formation and employment growth as well as continued strong total factor productivity (TFP) growth.
According to the Fund, the rapid growth in capital accumulation envisaged in ASGISA could relieve the most pressing capacity constraints (particularly in electricity and transport networks), whereas productivity-enhancing structural reforms could further raise the potential growth rate of the economy. The National Treasury projects GDP growth of around 5 per cent over the short to medium term. Over the longer-term, we also expect the potential growth rate of the economy to rise.
The Report notes that the continuation of considerably more rapid growth in domestic demand relative to domestic supply undermines the sustainability of the current growth path. The mismatch between demand and supply is reflected in South Africa's significant current account deficit and rising inflation. While we generally agree with that view, inflationary pressures are also being driven by adverse food and energy price developments. These should start to abate over the next year, lowering the contribution of food and energy price inflation to overall inflation. Government will also continue to raise its investment in infrastructure, thereby helping to alleviate capacity constraints and product price inflation. Furthermore, the SARB has frequently made public its approach to second round price pressures.
The Report noted that the current account deficit reflects a private sector savings-investment imbalance and that rising investment (leading to capacity constraints and rising imports of basic inputs such as cement and steel) becomes an increasingly important driver of the deficit. Over the longer term the increased capacity should reduce the demand for import goods, whilst raising export competitiveness.
Government is confident that the higher current account deficit is a short to medium term phenomenon caused primarily by rising domestic investment and secondarily by healthy household consumption driven by rising real incomes. It is expected that capital inflows will remain high in the medium term, as the South African economy continues to grow rapidly.
The widening of the current account deficit and high reliance on portfolio equity inflows relative to other emerging market economies have raised vulnerability to external shocks (e.g. a weaker appetite for emerging market assets, a substantial rise in global interest rates or a sharp decline in commodity prices) and to a "sudden stop" in capital flows. A deteriorating international environment combined with South Africa's significant current account deficit has led government to increase domestic savings through a stronger fiscal position.
The Report notes that SA's strong fundamentals (including a flexible exchange rate regime and low external debt compared to other emerging market economies) should mitigate the impact of adverse external shocks on the economy. According to the IMF, external debt would remain below 30 percent of GDP even if the current account deficit increased by 1 percent of GDP over the next five years. South Africa and the IMF agree on the need to continue prudent fiscal and monetary policies in order to improve external vulnerability.
o Long distances between places of residence and places of work, which raise the cost of job search and (in combination with the system of social grants) raise reservation wages; and o Labour market regulations and practices that discourage job creation.
The IMF is supportive of the economic policies of the South African government.
The Report supports the Government's efforts to address the challenges of high unemployment and poverty while aiming to preserve macroeconomic stability. The IMF supports targeted initiatives to reduce unemployment but suggests that these initiatives should be evaluated to ensure the efficient allocation of resources.
The Report favours the identification and revision of labour market regulations and practices that limit job creation and recommended further initiatives to liberalise and simplify the trade regime. Efforts to improve productivity, raise employment levels, and improve real earnings levels are important goals of policy. Trade and labour market policy initiatives, such as tariff simplification or efforts to raise productivity should be identified by government.
The IMF cautioned against the possible economic distortions that could arise from the new industrial policy framework. The Fund noted that the framework was too broad, with the potential of having unintended conflicting objectives and too many interventions. The National Treasury recognises that interventions should be directed at changing market incentives faced by private and public firms, based on identified market failures or regulatory needs, subject to independent evaluations, and limited in duration.
The government's continued sound fiscal policies and improved public finances were commended by the IMF as a means of raising the level of government savings in order to mitigate the risks associated with the widening current account deficit. The Report is also positive about the focus of government expenditure - the upgrading of infrastructure and relieving pressing social needs.
Continued revenue buoyancy, as the Fund indicates, should be treated cautiously in future fiscal decisions, implying further increases in public sector saving and a somewhat slower growth in real government expenditure. The balance of allocations will continue to reflect the importance of public infrastructure development to the economy over the long term.
The Fund continues to support South Africa's approach to reserve accumulation and the desirability of further accumulation.
The Fund further supports reforms aimed at strengthening old-age income security and initiatives that reduce social and wealth disparities. These are important to improving the potential for people to engage in economic activity and enter the labour market.
The IMF notes that South Africa's financial sector is strong, resilient, sound and well regulated. The Report regards the continued enhancement of regulation and oversight in the financial sector as a useful means of maintaining stability in the context of the risks arising from rapid credit growth and the recent increase in household indebtedness. The IMF commended government's attempts to improve access to basic financial services by the poor, especially in non-urban areas.
The Fund continues to support the use of the inflation targeting framework as a means of anchoring inflation expectations in the economy.
Whereas ASGISA identified the volatility of the rand as a potential constraint on growth in exports, the IMF supports Government's approach of allowing the exchange rate to absorb negative economic shocks alongside a gradual and steady increase in foreign exchange reserve accumulation. Government believes that this is an important part of ensuring the stability and sustainability of growth in the domestic economy. The IMF found little evidence of significant exchange rate misalignment. Improving the competitiveness of the South African economy can only be permanently achieved through efforts to raise productivity and reduce costs of domestic factors of production.
The Report also supports the continued gradual relaxation of exchange controls which could improve the allocation of resources and help to reduce exchange rate volatility through deeper foreign exchange markets.
A copy of the full report is available on the National Treasury website at http://www.treasury.gov.za and the International Monetary Fund's website at http://www.imf.
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In the February 2006 Budget the Minister of Finance Trevor A Manuel, MP announced the appointment of a task team to investigate whether windfall profits were being generated by the liquid fuels industry, in particular the synthetic fuels industry, and whether a windfall tax should be imposed if such profits existed.
The task team, headed by Dr Zavareh Rustomjee, also included Ms Almorie Maule, Dr Grové Steyn, Dr Boni Mehlomakulu and Dr Rod Crompton. The task team worked energetically to submit its final report to the Minister of Finance on 9 February 2007. The report was published on 23 February 2007 for further public comment by 31 March 2007. After receiving comment from key stakeholders, Minister Manuel asked the National Treasury to submit a formal response to the fiscal recommendations of the task team.
The investigation into windfall profits in the liquid fuels industry was initially raised in the October 2005 Medium Term Budget Policy Statement (MTBPS) in the context of a possible structural increase in the price of crude oil, which had increased from an average of US$29/barrel1 in 2003 to a high of US$60/barrel in the third quarter of 2005.
The task team's report documents in great detail the development of South Africa's liquid fuel industry. In this respect the report will be of great use to all those who wish to obtain a better understanding of the dynamics and complexity of this industry.
The task team makes a number of fiscal and regulatory recommendations. This response deals only with the task team's fiscal proposals, as the regulatory recommendations have been referred to the Ministry of Minerals and Energy for consideration.
The National Treasury considered the definition of windfall profits as used in the task team report.
1 Brent crude and "economic rent". The report defines windfall profits as excess profits, of which conceptually there are two possible types: those of a temporary or cyclical nature (called "quasi rent" or "economic profits"), or more structural or permanent (called "economic rent").
Using this definition, the task team concluded that there is evidence that the synthetic fuel industry generates windfall profits of a cyclical nature (economic profits or quasirents), but did not conclude it was of a structural or permanent nature (economic rents).
Generally, the inquiry raises the broader question whether additional profit taxes are needed from an economic perspective. National government raised more than 80 per cent of its total tax revenue from four tax instruments (Personal Income Tax, Corporate Income Tax, VAT, Fuel Levy) in 2006/07, which suggests that South Africa has a well-functioning tax system. Government wishes to reinforce this track record, especially since corporate tax collections remain strong.
Avoiding intervention in particular sectors, unless it is explicitly part of approved industrial or economic (e.g.
Aiming for time consistency in tax policy (avoiding perceptions of ex-post taxation).
The report cites a number of international examples where taxes on windfall profits were applied. In some cases these were once-off events, due to regulatory failures and/or flawed privatisation procedures. In others, the intent was to tax economic rent, especially in the crude oil extraction sector.
Having established that there are instances where windfall profits are generated, the question to consider is whether such profits are cyclical or structural in nature. This is because although the taxation of pure economic rent of a structural nature does not affect companies' behaviour, the taxation of rents of a short or cyclical nature will affect companies' behaviour and have an impact on resource allocation, resulting in distortions. In such instances, windfall taxation is normally avoided. It is therefore essential to distinguish between permanent and temporary rents.
From its analysis of the report of the task team, government believes that the key question to be considered is: Does the current price of crude oil now reflect a structural or permanent change that would justify a new fiscal intervention It is not possible to come to a definite conclusion at this stage, which is an argument for not proceeding with a windfall tax on existing synthetic fuel producers. We note that most oil-rich countries share in the gains of their mineral wealth by way of royalties, production-sharing agreements and/or state equity stakes or normal corporate income tax, rather than through imposition of windfall taxes?
Adherence to higher environmental standards.
A key policy priority is to reduce South Africa's dependence on imported fuel. This will support the initiatives associated with the accelerated and shared growth initiative (ASGISA) and shore up fuel security at a time of uncertainty in world oil markets.
It is important that energy companies operate in an environment of fiscal and regulatory certainty. Such certainty in a competitive environment supports increased investment in production and exploration, which in turn supports continued economic growth and stability.
We accept that in the current scenario considerations should be given to partnering with the private sector to kick-start investments in new oil refining and / or synthetic fuel production capacity.
It is a matter of national interest that Sasol's valuable intellectual capital, co-financed by Government over the years and acquired through intensive domestic research, is further developed to keep South Africa on the cutting edge of synthetic fuel technology. We have weighed this strategic consideration against the possible benefits of a windfall tax.
The task team points out that during the so-called Pim Goldby protection era, Sasol received R3.
This recommendation of the task team, however, falls away, as we can confirm that Cabinet effectively released Sasol from the obligation to repay any outstanding subsidies received during the Pim Goldby era in 1998, provided it continued to develop the petrochemicals sector.
Government is keen to signal a shift from a backward-looking approach to a forwardlooking one, where the focus is on new investments in the liquid fuel sector by Sasol and all other players in this industry. In this respect, Government welcomes the commitment made by Sasol to the feasibility of investing in Project Mafutha, for a new coal to liquid (CTL) plant. The possibility of a gas to liquid (GTL) plant is also under consideration.
The task team also suggested amendments to the fiscal system pertaining to offshore oil and gas exploration and extraction.
"the tax authorities should either introduce a linkage between royalty levels and the respective commodity price curve in the Royalty Bill, or incorporate a progressive tax mechanism into the schedule of the Income Tax Act that ultimately replaces the OP26 mining lease currently in operation (p.13)".
The task team correctly notes that in the event of major oil or gas fields being found in South Africa's jurisdiction, it could trigger calls for windfall profit taxes during times of high commodity prices. However, as Government we wish to point out that the OP26 lease was replaced in October 2006 by the Tenth Schedule to the Income Tax Act, in line with changes in the mining and exploration rights regime. The new legislation captures most of the fiscal provisions in the previous OP26 lease agreements, but does so in a much more transparent manner. We therefore do not see the need to change this approach, given the need for policy certainty in order to encourage companies to continue exploration, which is generally a high-risk investment.
An incentive regime for investments in the production of liquid fuel from indigenous raw material (i.e.
Investigating whether Sasol is still obliged to repay subsidies it received between 1989 and 1995 under the so-called Pim Goldby subsidy regime.
All these fiscal recommendations are well-reasoned and deserved careful consideration by Government.
In summary, we note the complex nature of the delineation between cyclical and structural windfall profits in the synthetic liquid fuels industry. Secondly, we hold Sasol to its commitment to significantly expand its synthetic fuel production capacity in support of the national interest in terms of fuel security and macroeconomic stability. And lastly, given the broader tax policy objectives, we recognise the need for fiscal certainty for the liquid fuels industry.
It is therefore Government's view, on the basis of evidence presented, that although it agrees with the task team that a potential exists for the generation of quasi-rents, the imposition of a windfall tax on existing synthetic fuel producers is not appropriate. We accept that at this stage that public interventions must focus on facilitating the expansion of liquid fuel supply capacity in the interest of domestic energy security and macroeconomic stability.
Government has initiated an inter-governmental process to promote the long-term development of the domestic liquid fuel industry. We expect that the industry as a whole (including Sasol, PetroSA and all the oil majors) will respond positively within an agreed timeframe to invest a significant share of its profits in expanding capacity in South Africa and the region.
Agrees to consider the task team's recommendation on royalties through the process to finalise the Mineral and Petroleum Royalty Bill. Like all other inputs into this process, Government will consider such proposals within its policy framework based on gross sales as the tax base, whilst providing appropriate relief for marginal mines.
Not to consider a tax on the "must have volumes" supplied by Sasol to the inland market, but to explore a levy on refined products to contribute to the construction of excess capacity in relation to the proposed New Multi-Product Pipeline.
On behalf of Government, I would also like to thank the Task Team for its sterling work, and want to point out that its report will be seen as the catalyst that helped Government to finalise measures to create a climate of certainty for the liquid fuel industry. It also lays the basis for Government to take appropriate measures to ensure the success of initiatives like Project Mafutha and other projects, and the role of the private and public sectors in such projects.
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Madam Speaker, the Banks Amendment Bill, 2007, being debated in this House today seeks to substantially enhance the regulatory framework for banks in South Africa. This Bill seeks to effect the latest international standards published as the Revised Framework on International Convergence of Capital Measurement and Capital Standards, better known as Basel II or the New Capital Accord.
The primary aim of Basel II is to enhance financial stability in the banking system by ensuring that banks keep sufficient capital to cover various risks associated with their business. Basel II does this by requiring banks to risk weight all their assets and to hold minimum capital to back any loss associated with those assets. This is important, Madam Speaker, since these assets, which are dominated by loans and advances, are predominantly funded by the public's deposits.
The global financial volatility witnessed in recent weeks underscores the paramount importance of ensuring the financial soundness of the banking sector. Banks form the core of our sophisticated financial markets and, therefore, continuously evolving regulation is important to ensure their continued soundness. Further, in today's globally integrated world, harmonisation of regulatory standards becomes crucial to ensuring fair international competition and the avoidance of regulatory arbitrage.
Pillar 1, which deals with capital requirements. Under this pillar, we will see the introduction of a capital charge for operational risk for the first time. This is important to ensure that all the various risks of a bank are properly covered.
Pillar 1 will also enable South African banks to adopt more risk-sensitive approaches to determining the regulatory capital they are required to hold.
Pillar 2 deals with the supervisory review process. Supervisors will be tasked with determining the soundness of internal processes used to assess banking risk and capital adequacy. This supervisory approach, while quite demanding in terms of supervisory capacity and expertise, should allow for the earlier identification and interception of risks as they emerge.
Pillar 3, which deals with market discipline. To give effect to market discipline, Madam Speaker, enhanced disclosure by banks is necessary since it enables market participants to assess the risk profile and capital adequacy of banks. This allows market intervention to complement supervisory intervention, and thereby strengthening the monitoring and oversight framework under which our banks will operate.
An enhanced supervisory review process in order to, amongst other things, assess the capital adequacy and control environment of banks and banking groups.
Madam Speaker, the National Treasury also undertook an extensive economic impact study of the implementation of Basel II in South Africa. According to this study, while the potential direct impact on bank capital requirements, bank pricing and the macro economy is expected to be negligible, the potential longer term economic impact is considered to be significantly positive, given that Basel II is expected to lead to improved international competitiveness, enhanced financial stability and more efficient allocation of economic capital.
The study also revealed that the implementation of Basel II is unlikely to negatively affect Government's other objectives of enabling access to finance, and realising the broader goals of the Financial Sector Charter and Broad-Based Black Economic Empowerment. What is evident from the analysis and qualitative surveys is that the South African banks entered into their Financial Sector Charter commitments with full knowledge of the imminent introduction of Basel II, and that the spirit of transformation embodied in the Charter remains paramount and forms a benchmark against which they will continue to be measured.
Madam Speaker, the Banks Amendment Bill, 2007, has gone through extensive consultation. The passing of this Bill into an Act this year will ensure that South Africa fulfils its commitment to implement Basel II on 1 January 2008, which will put South Africa in the leading group of countries to have introduced this measure of international best practices. The passing of the Bill will also send a clear message that the confidence that international and local investors have in entrusting their monies with our banks is well placed.
I would like to take this opportunity, Madam Speaker, to thank the Registrar of Banks for all the efforts in assisting with the Bill. Lastly, I would like to thank the Deputy Minister Jabu Moleketi, the Director-General of National Treasury, Lesetja Kganyago, and his team, and the Portfolio Committee on Finance, under the chairpersonship of Mr Nhlanhla Nene.
Madam Speaker, I hereby request that the House pass the Banks Amendment Bill, 2007.
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Madam Speaker, the imposition of an export levy on rough diamonds is currently contained in the Diamonds Act of 1986. However, given our new Constitutional dispensation, amendments to the Diamonds Act of 1986 during 2005 have resulted in the need for amendments to provisions relating to the export levy on rough diamonds, hence the need for a separate Money Bill.
The intent of the export levy on rough diamonds is to facilitate adequate and regular supplies of rough diamonds to local cutters and polishers (diamond beneficiators). The Diamonds Act of 1986 was only partially successful in this regard. The Department of Minerals and Energy accordingly amended the Diamonds Act in 2005 to improve the regulatory provisions. The revised export levy on rough diamonds is intended to complement these regulatory provisions.
The export levy on rough diamonds in the Diamonds Act of 1986 is currently set at 15 per cent. However, this Act provided for relatively generous and openended exemptions. The proposed Diamond Levy Bill, 2007 reduce the export levy on rough diamonds to 5% but tighten the relief provisions, thereby laying a foundation for increased effectiveness.
The proposed relief measures ensure that the local supply of rough diamonds is commensurate with local demand. No reason exists to force diamonds onto the local market beyond local capacity. The core element of these incentives is to encourage producers to supply the local market with rough diamonds; the remainder can be exported tax free.
As a general rule, the Diamonds Act of 1986, as amended in 2005, requires that all rough diamonds intended for export must be offered via a tender process at a Diamond Export and Exchange Centre (DEEC) for sale. However, in the case of large producers (annual sales in excess of R3 billion), the Minister of Minerals and Energy may waive the requirement to offer all rough diamonds on the DEEC. In addition, the Diamond Export Levy Bill provides a large producer with an exemption from the diamond export levy provided it has met certain conditions, which are essentially similar to those required by the Minister of Minerals and Energy.
A medium size producer (annual sales between R20 million and R3 billion) can obtain relief from the diamond export levy if 15% of that producer's total annual gross sales is to local diamond beneficiators.
In order for this exemption to apply, a producer's total annual sales must not exceed R20 million. Anti-avoidance measures exist to prevent producers from splitting sales across several controlled companies for purposes of qualifying as small producers, and thereby avoiding the levy.
It is not always possible for a diamond beneficiator to cut and polish 100 per cent of the diamonds purchased. The Regulator may accordingly grant a beneficiator permission to export rough diamonds if the local beneficiator will cut and polish at least 80% of the diamonds purchased. Once this permit is issued, the diamond beneficiator is exempt from the export levy in respect of the 20 per cent remainder (off-cuts) that might be exported.
Whilst the purpose of the export levy is primarily regulatory in nature (i.e., not primarily intended to raise revenue), the import credit and exemptions may be limited in order to raise revenue if deemed necessary (e.g. to fund the activities of the Regulator). However, at this time we see no need for this limitation because the new Regulator and all related administrative expenses are being fully funded on budget.
Secondly, given the historical context of the local diamond industry and the nature of how the local diamond market players operate there is a higher local benficiation requirements on large producers. In addition to the requirement to sell a certain percentage of their output to the State Diamond Trader (about 10%), large producers have a 40% local sales requirement; whereas, medium producers face a 15% requirement and small producers must merely offer their diamonds on the DEEC before it is exported.
Lastly, the diamond export levy will not be deductible for Income Tax purposes. It is clear that the export levy can by avoided in full if producers meet the necessary requirements to supply local beneficiators. Hence, the levy effectively acts as a penalty where a producer fails to meet these local supply requirements. It is therefore reasonable to argue that, given its penalty nature, this levy should not be considered as being deductible expenses for Income Tax purposes.
I would like to take this opportunity, Madam Speaker, to thank the Deputy Minister Jabu Moleketi, the Director-General of National Treasury, Lesetja Kganyago, and his team. Lastly I would like to thank the Portfolio Committee on Finance, under the chairpersonship of Mr Nhlanhla Nene and the Portfolio Committee on Minerals and Energy under the chairpersonship of Mr Nkosinathi Mthethwa for their input in finalising this bill.
Madam Speaker, I hereby request that the House pass the Diamond Export Levy Bill, 2007.
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Provincial Budgets and Expenditure Review in Parliament on 05 September 2007.
This publication provides in depth analysis of spending trends in the provinces over five years.
The National Treasury invites the media to a workshop, which will be held on the same day.
education, housing, health, roads and transport, social development and agriculture on the provincial front.
The second session will take the form of a briefing which will be addressed by Minister Manuel, Deputy Minister Jabu Moleketi and the National Treasury Director General Lesetja Kganyago.
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It is fitting that we announce the sound results and overall good performance attained by the Development Bank of Southern Africa in delivering on its mandate at a place where that mandate is being realised. Refilwe Township, and the two projects initiated by the DBSA bears testimony to a broad consensus that the success of development finance can be achieved through joint ownership, partnership and community involvement.
The DBSA is not a typical bank that takes deposits from individuals and lends to people requiring capital. Instead, it is a key development finance institution that has a crucial role to play in building capacity to undertake and finance infrastructure, and contribute to the region's achievement of the Millennium Development Goals and its integration agenda.
Over the past decade DBSA has done much to align itself with the priorities of our Government. These include supporting the delivery of infrastructure that broadens access to services, promotes regional economic integration and ensures sustainable economic development.
Our government has made many statements and speeches about how to accelerate economic growth. Our underlying policy thrust clearly shows that we do not pursue economic growth for the sake of economic growth. We pursue faster economic growth because it provides people with work opportunities, it provides people with higher incomes to buy or build homes, acquire furniture, contribute towards their children's education, consume water and electricity and generally improve their quality of life.
Today, I wish to turn this question around by asking, 'what is the role of government (and its agencies) during times of rapid economic growth?
There are, in my view, three main functions or roles of government during times of rapid growth. The first, most obvious one is to sustain high rates of economic growth and to create the conditions for even faster growth. We do this through the pursuit of sound macroeconomic policies, a sensible fiscal stance, appropriate monetary policies and building high quality institutions, such as the DBSA. Faster economic growth also provides government with additional financial resources to spend on its priorities and delivering services to the poor. Economic growth and sound macroeconomic policies are critical to poverty reduction and the delivery of services to the poor, but growth alone is not enough.
The second role and probably the most important is the mandate of this government to ensure that many more people benefit from the fruits of faster growth. This means using the additional resources to build schools and clinics, electrify communities, provide clean water and adequate sanitation to people, build roads and public transport systems and invest in the capacity to make communities safer. I'll return to this role in the few minutes.
The third role of government is to identify and unblock obstacles or constraints that are likely to impede economic and social development in the future. This role often implies making long term forecasts and doing long term planning. Our electricity shortages, congested roads, limited ports capacity, overcrowded prisons are all symptoms of successive governments not making adequate provision for long term growth.
The DBSA plays an important role in both the second and third roles that I have outlined.
Our policy stance has also been underpinned by the belief that the benefits of economic growth will only be realised if it there is a shared partnership and commitment between communities and government. Citizens are not passive recipients of a top-down delivery of services. Such a developmental model is never sustainable nor sensible. Our developmental model requires of us to involve local communities in the decisions that affect their lives, especially in the priorities that local councils set. What is required are innovative models of involving local communities through democratic institutions linked with development partners such as the DBSA.
In South Africa, we are faced with the challenge of having to translate the outcomes of 5% economic growth so that everyone, especially the poorest and most vulnerable benefit. All indicators point to a continuation of the expansion of our economy as spending on infrastructure gains momentum and other measures address constraints on growth. These are indeed exciting, yet challenging times. We are the first generation with the knowledge, awareness and resources to eradicate poverty. Yet, every day we learn that achieving this is far more complex than merely possessing the political will and resources to do so.
Broad improvements in human welfare will not occur unless poor people receive wider access to affordable, better quality services in health, education, water, sanitation, and electricity. Without such improvements in services, freedom from illness and freedom from illiteracy - two of the most important ways poor people can escape poverty - will remain elusive to many. Too often, the delivery of services falls far short of what could be achieved, especially for the poor.
The location of today's launch, Refilwe in the Metsweding district, is associated with two projects, partly financed by the DBSA. The first deals with electrification and prepaid meters and the second deals with sewerage capacity and water reticulation. These projects bring tangible benefits to the poorest sections of our community, benefits that allow children to study late into the evening, benefits that reduce disease levels, benefits that free up the time of children collecting firewood. These projects are also evidence that through partnerships with local communities, we can increase access to services even in areas beyond our large urban metro poles.
In the past thirteen years, our government has done well to increase access to basic services, especially in the areas of schooling, health care, water and electricity. We need to do more in a number of areas such as housing, sanitation and public transport. We also see that some parts of our country are not making as much progress as other parts. Access to basic infrastructure is highly inequitable with the highest backlogs being in sanitation.
According to the DBSA's infrastructure barometer, the Eastern Cape has 36.2% of its population with no access to basic sanitation, compared to Gauteng with 5.8%. These figures do not show much improvement from 1996. This remains a major challenge for all development role players.
We also know that 3 152 schools in our country do not have a water source on or near the school, 8 470 schools have just pit latrines and 1 532 schools have absolutely no sanitation facilities. We can list similar examples from almost every aspect of service delivery. This is something we should not hide from, it is something that requires action. This is the hones face of development.
We must also be mindful that access to services does not only depend on physical infrastructure. It also depends on human interactions. An extract from the 2004 World Development Report shows just how important these human interactions are: In random visits to 200 primary schools in India, investigators found no teaching activity in half of them at the time of visit. Up to 45 percent of teachers in Ethiopia were absent at least one day in the week before a visit - 10 percent of them for three days or more. A survey of primary health care facilities in Bangladesh found the absenteeism rate among doctors to be 74 percent. We do not have comparable figures for our own country, but I'm sure all of you know that picture exist in many areas.
There are also many local and international examples of successful improvements in service delivery. Community-managed schools in El Salvador, where parents visited schools regularly, lowered teacher absenteeism and raised student test scores. In Uganda, a story published by a local newspaper that only 13 percent of the money due to primary schools was actually reaching the schools, galvanized the populace. The share now is 80 percent and the entire budget of the school is posted on the schoolroom door. Water projects in India and Bangladesh experienced a higher rate of success when local communities became involved in the schemes specifications, contributing to decisions about cost sharing, maintenance and replacement of equipment.
The lesson from many of these successes is that the people affected by the change are involved in the decision-making process. Our legal framework makes provision for community involvement in schooling through school governing boards, policing through community police forums and local development plans through IDPs.
In three years we will host the 2010 Soccer World Cup, the most prestigious gathering of this universal sport.
Preparations for this as well as other infrastructure projects will provide unprecedented spend on infrastructure. We must ensure that such a rare opportunity like hosting the World Cup results in a real legacy. The DBSA is involved in various projects ranging from stadium upgrades to inner-city development with a view to contributing to this legacy.
Our massive infrastructure spend has also brought into sharp focus the severe skills shortage found at all levels of our society, whether it is project managers at a municipality or engineers needed to build a stadium. Again, we need to be more creative in finding solutions. Through Government's ASGISA and JIPSA programmes, plans are in place to address these issues, but we cannot do it alone.
Government requires committed and innovative partners who are willing to work closely with it to address these issues urgently. The progress made through our Siyenza Manje partnership must be lauded. We must be encouraged by this to be more innovative.
I understand that some of the Siyenza Manje deployees are helping poorly-resourced municipalities to put in place working financial management systems; processes and structures that are achieving positive results. Some of these engineers are doing a lot more than engineering because of capacity and skills shortages in the underresourced municipalities. I would like to challenge the DBSA to accelerate this initiative and profile the good work that this initiative is doing in order to share the lessons.
As the DBSA has positioned itself as a knowledge bank - I want to challenge it in this regard. I would like you to share the lessons that are emerging from the work of these Siyenza Manje deployees. The experience of these engineers, financial managers and project managers in remote rural municipalities must be used to promote best practice in other parts of the country.
Councilors, Mayors and other local politicians play important roles in guiding their municipalities and communities to achieve their development targets as stated in their IDPs. Political office bearers not only play an important oversight role of municipalities, they also provide overall strategic direction. This happens principally through the budget process and the development of IDPs. We have also seen a disturbing trend of a blurring line between what local councilors do and what officials do. Clear demarcation of responsibilities and recognition of the need for good technical competence is a prerequisite for improved service delivery. The Municipal Finance Management Act and other complementary legislation set out these roles and responsibilities clearly.
In conclusion, I would like to congratulate the management and staff of the Development Bank for the sterling work that has gone into achieving their milestones in the past year. I call on them to continue to put their shoulder to the wheel to support the reconstruction of our country and our region. Through innovation, you continue to teach others, through setting high standards, you continue to define best practice.
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I have the honour to submit to you, in terms of section 7(2) of the South African Law Reform Commission Act 19 of 1973, the Commission's report on all its activities from 1 April 2007 to 31 March 2008.
There comes a time during the existence of any organisation when it becomes necessary to take a step back and critically evaluate what it has been doing and how it has been going about it. The South African Law Reform Commission (SALRC) has reached that stage in its existence during the year under review.
The SALRC over the past few years has been looking outwards: considering requests submitted to it by external sources, doing investigations into the affairs of others, evaluating and assessing the operations of outside institutions. This year, after many years, the SALRC has turned its critical eye inward to examine its own operations and processes, and to review its own goals and expectations. In the words of the logo of the SALRC, it is time for the SALRC to "Review the past, reform the present, and anticipate the future" in relation to its own processes.
The result of this inward focus has been the dawning of a period of review, reassessment and re-evaluation. Practices long forgotten or fallen into disuse have been taken from the shelf, dusted and put into use again. The overly familiar and well-trodden path has been reconsidered to judge whether it is still the best and most effective route to follow, and new directions have been forged.
This process of critical review has started in all earnest, but has not been completed yet. It has commenced with a review of the SALRC's processes following a two-pronged approach: an investigation into the development of the SALRC's research programme, and looking into the streamlining of the SALRC's processes and the release of its reports. In the course of reviewing the processes, the SALRC has also compared itself to other law reform agencies and made contact with several of them with a view to establishing best practices in law reform.
The review process culminated in the compilation of a draft implementation plan which was tabled at a meeting of the Commission on 1 December 2007. The implementation plan has been finalised and action has already been taken on a number of issues highlighted in the implementation plan, such as the revival of the SALRC Newsletter, relaunching the Ismail Mahomed competition for the best law reform essay by a law student, drafting a vision and mission statement for the Commission and the development of formal selection criteria for including investigations into the Commission's programme.
The process of evaluation and assessment is not completed, but everyone involved with the Commission is looking forward to the conclusion of this effort with great anticipation. The final outcome will not only serve to improve the Commission's work processes and procedures, but will ultimately serve the people of South Africa through improved service delivery on law reform that contributes to the realisation of a society based on democratic values, social justice and fundamental rights for all.
The Commission appointed under section 3 of the South African Law Reform Commission Act 19 of 1973, with effect from 1 January 2007, continued its excellent work.
Professor Cathi Albertyn.
(submitted to DOJCD in August 2002).
Project 109: Review of the Marriage Act 25 of 1961 (submitted to the Department of Home Affairs in May 2001).
Project 130: Stalking (submitted to Minister in November 2006).
This annual report covers the period from 1 April 2007 to 31 March 2008.
The Commission published a questionnaire as part of the investigation into Project 127: Review of administration orders.
Issue papers published by the Commission are listed in Annexure A.
Discussion papers published by the Commission are listed in Annexure B.
All investigations completed or being undertaken by the Commission are listed in Annexure C.
Project 107: Juvenile Justice: Child Justice Bill.
the consolidation or codification of any branch of the law; and steps aimed at making the common law more readily available.
The powers and duties of the Commission are set out in section 5 of the Act. Section 5 directs the Commission to draw up programmes that include, in order of preference, the various matters which in the Commission's opinion require consideration. The programmes must be submitted to the Minister for Justice and Constitutional Development (the Minister) for approval. The Commission may include any suggestion for investigation relating to the Commission's objects received from any person or body.
The Commission has to investigate the matters appearing on the programme as approved by the Minister and may consult any person or body for the purpose of the investigation. The Commission prepares draft legislation if it is of the opinion that legislation ought to be enacted with regard to the matter investigated.
Committees of the Commission perform the functions assigned to them by the Commission and are subject to the Commission's directives. Activities performed by committees are deemed to be performed by the Commission and for the purposes of remuneration, members of committees are deemed to be members of the Commission.
Advisory committees fall under the second category of committees.
The names of the members of the advisory committees appear in Annexure E.
Although the Act does not specifically refer to the appointment of project leaders, it is the Commission's practice to appoint a project leader for an investigation on its research programme. A project leader could be a Commissioner, a member of an advisory committee appointed by the Minister (section 7A(1)(b)(ii)), or any other person who is not a Commissioner and who is not a member of an advisory committee (section 8(2)).
The main task of a project leader is to guide the designated researcher by providing advice and direction and evaluating the research. If the project leader is the designated chairperson of a committee as envisaged in section 7A(3) of the Act, he or she will also guide the proceedings of the advisory committee.
The Commission is assisted in its task by a fulltime Secretariat consisting of officials on the establishment of the Department of Justice and Constitutional Development. The Secretariat consists of an administrative component and a professional component. The Deputy Chief State Law Adviser (Chief Director) serves as the Secretary of the Commission. This post has been vacant since 1 April 2006.
Mr M F Palumbo (1 August 2007 to 31 March 2008).
Law reform cannot be delivered without high quality research. The in-house researchers at the South African Law Reform Commission (SALRC) are professionally qualified lawyers, the majority of whom have vast experience in the law reform environment.
The result has been the development of scholarly research publications and the involvement of the researchers in various activities as highlighted in Chapter 5.
Ms R van Zyl (Senior State Law Adviser).
Mr M F Palumbo serves as Assistant Secretary to the Commission.
Two posts of Senior State Law Adviser are vacant.
Messenger: Mr G Maseko.
Various internal committees have been established to assist the SALRC with the execution of its functions.
Ms T Madonsela (chairperson) Mr MF Palumbo Mr MB Cronjé Ms A-M Havenga Ms R van Zyl Mr MF Mdumbe Ms R Bronkhorst Ms CJ Pienaar (for purposes of the Justice Today Newsletter) The Communication Committee was established in December 2007 to address the communication needs of the SALRC. Specific areas of responsibility of this committee include: The compilation and distribution of the SALRC Newsletter The arrangement of media conferences Marketing of the Commission The Ismail Mahomed law reform essay competition Liaison with DOJCD on the Justice Today Newsletter The Committee arranged a media conference on 7 March 2008, which was also attended by the Minister for Justice and Constitutional Development. The first issue of the SALRC's revived Newsletter was distributed on 17 March 2008. The Committee also revived the Ismail Mahomed competition for the best law reform essay by a law student in conjunction with Juta.
Ms M van den Bergh Induction of researcher who commenced service on 1 February 2008.
Ms N Singh (to assist with Director-General of DOJCD on 11 March the induction of interns) 2008 for the possible recruitment and appointment of interns at the Commission.
Mr MF Palumbo (chairperson) Mr MB Cronjé Mr PA van Wyk Ms GMB Moloi Ms JMH Oosthuizen Ms S Gule. The Library Committee is responsible for considering the acquisition of publications to ensure the relevance of the holdings of its library. The Committee also reflects annually on the SALRC's standing orders for publications and subscriptions to electronic data bases. The Committee liaises from time to time with the principal librarian at the DOJCD who, during the period under review, took the responsibility of acting as the supervisor of the librarian at the SALRC. During the year under review the Committee considered and approved the acquisition of several new publications which were received during March 2008. During January 2008 the Library Committee finalised an advertisement for publication to fill the vacant post of librarian at the SALRC.
Ms U Behrtel (previous chairperson) Mr L Mngoma (chairperson) Mr MF Mdumbe Ms R Bronkhorst Ms E Louw Mr R Swart Mr G Maseko. The Occupational Health and Safety (OHS) Committee was established on 11 April 2007 in terms of section 19(1) of the Occupational Health and Safety Act 85 of 1993. The Committee also liaises with the landlord of the building on OHS issues, evacuation plans, power outages, etc. The Committee meets at least once per quarter. During the tenure of the Committee, emergency signs were installed, emergency equipment was procured and staff members were nominated to attend training. Regular consultation takes place between the Chairperson and the Operational Manager on general matters pertaining to the building.
Ms AM Louw (chairperson) Mr AWF van Vuuren Ms GMB Moloi Ms R van Zyl Mr T Monare Mr J Kabini Ms AM Havenga Mr MF Mdumbe (for purposes of the Commission's implementation plan). The Process and Procedure Committee was established in February 2005. This Committee is responsible for the review of existing procedures and the establishment of new procedures on working methods and operational systems for the Commission. The Committee is also responsible for corporate identity matters such as business cards and the appearance of Commission publications. During the year under review the Committee undertook the following activities: Developing a vision and mission statement for the Commission Developing new guidelines for Commission publications Developing selection criteria for new investigations Developing an implementation plan for the Commission Reviewing the Commission's style manual.
Ms D Clark (chairperson) Ms A-M Havenga Ms C Pienaar Mr L Mngoma Ms N Singh Ms M Oosthuizen Mr A Singh Ms N Pillay The Training Committee was established in February 2005 to identify training needs and source and co-ordinate training for the SALRC's personnel. The tasks of the Committee include the following: Identify training needs of staff Source service providers Liaise with service providers on training needs Format training courses Arrange training courses Obtain approval for training expenditure in accordance with the relevant financial prescripts Liaise with DOJCD Human Resources on training matters Represent the Branch: Legislative Development at the National Skills Development Forum. The Committee obtained approval to arrange group training for the entire SALRC staff component. Group training, particularly in-house group training, is a more cost effective way of utilising available funds. The Committee has to arrange training within the allocated budget, which requires balancing training needs with available funds and departmental and SALRC priorities. The following courses attended by staff members of the SALRC were arranged and facilitated by the Training Committee: African Languages Cultural Diversity MS Word Advanced Law Teachers' Conference presented by the University of Pretoria Presentation Skills Managing your Personal Finances Social Economic Rights. Researchers on the level of Principal State Law Adviser attended training as part of Project Khaedu, an initiative of the Department of Public Service and Administration to strengthen the management capabilities of senior managers in the public service with the ultimate goal of improving service delivery. The Training Committee liaised with Human Resources at DOJCD and other relevant role-players to facilitate the attendance and participation of SALRC staff.
The annual report of the Department of Justice and Constitutional Development contains information on the SALRC's programme performance and financial statements.
The Commission's present programme appears in Annexure F. As indicated, Annexure C contains a list of all the investigations included in the Commission's programme since its inception and indicates the final result or current state of investigations.
Any person or body is free to submit proposals for law reform to the Commission. In each case the Commission considers the merits of a proposal. In some instances a preliminary inquiry is instituted to determine whether the inclusion of a matter in the Commission's programme is justified. The Commission may also include matters in the programme of its own accord.
Research is done to determine authoritatively the existing legal position and to identify shortcomings or deficiencies that need to be rectified. Consultation takes place between the researcher, project leader, advisory committee (where one exists), the general public, stakeholders and persons with particular knowledge concerning the matter under investigation. Comparative studies are carried out in order to enable the Commission to benefit from experiences elsewhere in the world. The consultation process is facilitated by the Commission's policy (since 1996) of compiling issue papers as a first step. Issue papers outline the problems encountered with particular areas of the law and invite submissions on possible solutions. They are distributed as widely as possible for general information and comment and are in appropriate cases also supplemented by workshops. Responses to an issue paper and further intensive research form the basis for the preparation of a discussion paper.
Discussion papers contain essential information on the investigation and the Commission's tentative proposals for reform. In particular, a discussion paper will include a statement of the existing legal position and its deficiencies, a comparative survey and a range of possible solutions. In most cases the discussion paper will also include a draft Bill. Members of the public are informed of the availability of discussion papers by means of press releases and press conferences. In addition, copies are distributed to organisations and, sometimes, to individuals whose views on the subject under discussion the Commission particularly wishes to canvass. The responses to the provisional proposals are carefully studied before final decisions are made. The Commission also hears oral evidence in appropriate cases. Its recommendations are embodied in comprehensive reports, which are submitted to the Minister.
less complicated; and to give effect to the values and principles underlying the Constitution.
The many valuable comments and proposals received on the Commission's recommendations as contained in its documents, confirm that its working methods are successful. These methods ensure that the Commission's final recommendations are wellsubstantiated and are the product of thorough debate. The working methods also facilitate the enactment of the Commission's proposed legislation, which embodies the recommendations.
Commission papers and committee papers are internal documents that are normally not available outside the ranks of the Commission. In these papers proposals for the inclusion of matters in the Commission's programme, research results for the information of or consideration by the Commission, draft issue papers, discussion papers and reports as well as a variety of other matters in respect of the functioning of the Commission are dealt with. The papers are numbered in sequence as they serve before the Commission.
Issue papers published since the introduction of the document series are listed in Annexure A.
Discussion papers published since the introduction of the document series are listed in Annexure B.
The Act requires the Commission to prepare a full report on any matter investigated by it and to submit such reports together with draft legislation, if any, to the Minister for consideration. All reports of the Commission are official, but not all are published. Annexure C lists the investigations reported on by the Commission since its establishment.
This series has been used mainly for publications intended to make the common law more readily available and contains translated common law sources and noters-up. Research papers published are listed in Annexure G.
Issue papers and discussion papers are supplied free of charge to interested institutions and persons who wish to comment on a particular matter. These papers are widely distributed and are also obtainable from the Commission's offices. The annual report, papers in the research series and reports on investigations that are published, may be purchased from the Government Printer in Pretoria.
The Commission met on 30 July and 1 December 2007. The working committee met on 23 June 2007. The advisory committee for Statutory Law Revision (Project 25) met on 15 May 2007 and the advisory committee for Privacy and data protection (Project 124) met on 28 June 2007.
It is axiomatic that the extent to which the South African Law Reform Commission can add value, will be heavily influenced by the nature of the work it undertakes and its particular experience and suitability to do so. In selecting topics for law reform there is a need for independence from, but good liaison with, government. It is therefore important for the Commission to understand how its work will contribute to the government's overall strategic outcomes and priorities. There should also be explicit recognition by government of the particular contribution the Commission can make to the overall law reform environment.
134 Administration of estates.
A number of the above-mentioned projects are in line with the government's priorities as identified in the State of the Nation Address delivered by the President on 8 February 2008, the address by the Minister for Justice and Constitutional Development during the debate on the President's State of the Nation Address and the Government's Programme of Action for 2008.
The President highlighted the revamping of the criminal justice system and the need for the establishment of a new, modernised, efficient and transformed criminal justice system. He also identified the fight against organised crime as a matter of particular concern. In harmony with this, the Minister identified the fight against crime and the creation of a safe environment for all South Africans and the enhancement of our capacity to fight crime, in particular organised crime and corruption, as some of the main focus areas of the Department of Justice and Constitutional Development.
The Commission's investigations into the use of electronic equipment in court proceedings (Project 113), protected disclosures (Project 123) and the review of the law of evidence (Project 126) support the aim of establishing a new, modernised, efficient and transformed criminal justice system. The worldwide phenomenon of trafficking in persons is usually perpetrated by crime syndicates, one of the reasons why particular trafficking offences have to be created by statute. Trafficking legislation is also aimed at the protection of especially women and children, which is in line with another important governmental objective. The Commission's investigations into sexual offences: adult prostitution (Project 107) and stalking (Project 130) are also aimed at crime prevention and the protection of vulnerable groups such as women and children.
Another government and justice priority is the accessibility of justice for all. The creation of community courts, municipal courts and small claims courts supports this objective and the Commission's project on community dispute resolution structures (Project 94) is therefore highly relevant.
indirectly linked to the acceleration of economic growth and development and the all-important goal of a better life for all the people of South Africa as highlighted by the President. Projects such as the investigations into assisted decision-making: adults with impaired decision-making capacity (Project 122), privacy and data protection (Project 124), prescription periods (Project 125), review of administration orders (Project 127), review of aspects of the law of divorce (Project 128), review of aspects of matrimonial property law (Project 129) and administration of estates (Project 134) relate to consumer protection and family law, aimed at a better life for all.
The Commission's statutory law revision project (Project 25) is aimed at reviewing the complete statute book in order to remove or adapt legislation considered to be unconstitutional, redundant or obsolete. Cabinet requested in 2001 the identification of all discriminatory and unconstitutional legislation enacted prior to 1994, as well as the review of provisions in the legislative framework that would result in unfair discrimination as defined in section 9 of the Constitution. In terms of a Cabinet decision the Commission is required to submit bi-annual reports on progress with the investigation to Cabinet.
In 2004, the Commission embarked upon a major investigation aimed at revising the complete statute book with a view to removing or adapting legislative provisions considered to be unconstitutional, redundant or obsolete.
Acts, Amendment Acts, Supplementary or Additional Acts and Private Acts. Many of these Acts are not being applied anymore while others contain provisions that are in conflict with the Constitution. Redundant and obsolete provisions on the statute book are being identified and government departments are being consulted in order to verify these provisions. Numerous meetings were held to develop a methodology for conducting the investigation into the constitutionality and redundancy of existing legislation. The Commission also envisages an instrumental role in assisting provinces with the alignment of provincial legislation vis-à-vis the Constitution by rendering such support as may be required.
In March 2007 a progress report on the investigation was forwarded to the Department of Justice and Constitutional Development for submission to the Minister with a view to informing Cabinet about the progress made in the investigation. The progress report was considered by Cabinet in September 2007.
Prof. Cathi Albertyn developed a document for the Commission setting out guidelines for the identification of legislative provisions that are obviously in conflict with section 9 of the Constitution. The guidelines are based on an analysis of Constitutional Court judgements. The tables of Constitutional cases as per Prof. Albertyn's report have been updated and made available to the researchers involved with project 25. Future judgements of the Constitutional Court relating to the "equality" clause in the Constitution will be added as and when they become available.
Legislation administered by the Department of Arts and Culture The drafting of a consultation paper analysing the 32 statutes administered by the Department of Arts and Culture to determine which provisions are redundant, obsolete or unconstitutional commenced in July 2007. A consultation paper was forwarded to the Department of Arts and Culture during November 2007 for their consideration and comment. A response from the Department had still been awaited at the end of the period under review.
Legislation administered by the Department of Foreign Affairs The drafting of a consultation paper analysing the 13 statutes administered by the Department of Foreign Affairs to determine which provisions are redundant, obsolete or unconstitutional has commenced during the period under review.
Legislation administered by the Department of Housing The drafting of a consultation paper analysing the 14 statutes administered by the Department of Housing to determine which provisions are redundant, obsolete or unconstitutional commenced in January 2008.
Legislation The drafting of a consultation paper analysing the 67 statutes administered by the administered by Department of Public Works to determine which provisions are redundant, obsolete or the Department of unconstitutional commenced in April 2007.
Public Works forwarded to the Department of Public Works for consideration and comment. On 31 October 2007 the Department indicated that some of the laws that are the possible subject of either repeal or amendment are property related laws, which fall under the administration of the Property Owner Activities unit in that Department. The consultation paper was forwarded to that unit for perusal. In November 2007 the Department of Public Works published a discussion paper on the revision of the Expropriation Act for public information and comment. That revision aims to introduce consistency and uniformity in the manner that all organs of state undertake expropriations. A response from the Department of Public Works on the Commission's consultation paper and the impact of their proposed revision on the Commission's consultation paper had still been awaited at the end of the period under review.
Legislation administered by the Department of Transport The drafting of a consultation paper analysing the 218 statutes administered by the Department of Transport commenced in November 2006. The statutes that have been provisionally identified for repeal or amendment were discussed with the legal adviser of the Department of Transport in November 2006. The Department indicated that it agreed with the proposals made by the SALRC. The drafting of a discussion paper commenced in 2007. The finalisation of the discussion paper for submission to the Commission was imminent at the end the period under review.
National Treasury. Quitrents Act and the Savings Bank Borrowing Powers Act to determine which are redundant, obsolete or unconstitutional commenced in January 2007. A consultation paper containing repeal and amendment proposals was submitted to the project leader for his consideration in December 2007 and in March 2008.
The Commission considered the status of project 25 on 23 June 2007. The Commission noted that internal research capacity to conduct statutory law review was limited due to the fact that the majority of researchers are attending to other projects on the Commission's programme.
Labour, Land Affairs, Minerals and Energy, National Treasury, Provincial and Local Government and Trade and Industry. The statutes of the remaining twelve Departments which administer a smaller number of statutes will be reviewed by SALRC researchers, namely Arts and Culture, Correctional Services, Foreign Affairs, Housing, National Intelligence, Public Enterprises, Public Service and Administration, Science and Technology, Social Development, Safety and Security, Sport and Recreation and Water Affairs and Forestry. A memorandum proposing the appointment of experts by the Minister was submitted to the Department of Justice and Constitutional Development (DOJCD) in September 2007 and has been under consideration by the Ministry since February 2008.
The ad hoc Joint Committee on the Open Democracy Bill, 1998 (which resulted in the Promotion of Access to Information Act, 1998) in its resolutions on the Bill adopted on 24 January 2000 inter alia requested the Minister for Justice and Constitutional Development to consider the amendment of the Interpretation Act 33 of 1957, to bring it in line with the principles of constitutional democracy and practices of interpretation used by Parliament and the courts since 1994. The Commission decided on 17 November 2000 that the review of the Interpretation Act should form part of its existing project on statutory law revision. This was subsequently approved by the Minister. The Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) agreed to provide funding for the remuneration of an expert legal drafter to assist with the investigation. An agreement between the consultant and the GTZ was concluded in November 2002. The Commission approved the publication of a discussion paper on the review of the Interpretation Act 33 of 1957 on 9 September 2006. A media statement announcing the availability of Discussion paper 112 was released on 6 October 2006. The discussion paper is discussed in the 2006/2007 annual report. After several extensions to afford respondents more time to comment, the final closing date for comments on Discussion paper 112 was determined as 30 April 2007. Comment on the discussion paper was received as late as September 2007. Evaluation of the comments and the development of a draft report commenced during 2007.
On 9 September 2006 the Commission approved the inclusion of an investigation into the recognition of Hindu Marriages into the programme. This investigation is conducted as part of Project 25. Preliminary research with a view to developing an issue paper has commenced. The researcher is also studying the January 2007 judgement of the High Court in the Durban and Coast Local Division in Singh v Ramparsad and Others 2007(3) SA 445 (D).
The finalisation of an amended draft report on community dispute resolution structures is receiving attention. Although an advisory committee meeting to discuss the draft Bill and re-assess the membership of the committee is still pending as most of the active members are not available, the researcher, the project leader, and two advisory committee members, Professor Schärf and Professor Cartwright, have considered the draft Bill and a draft report is being finalised. In their consideration of the draft Bill, Professors Schärf and Cartwright had encountered a few problems which they brought to the attention of the project leader and the researcher. These are being attended to.
Although the advisory committee decided that a discussion paper on family mediation would be completed subject to the finalisation of the investigation into community dispute resolution structures, preliminary research is being carried out whenever time allows as the researcher has been appointed to serve on the task team on Judicial Functions of Traditional Leaders: Policy Formulation.
This investigation forms part of the larger project on Sexual Offences. An issue paper on adult prostitution was published for general information and comment in August 2002.
The finalisation of a draft discussion paper on adult prostitution has been receiving attention subject to the finalisation of the investigations into protected disclosures (Project 123), stalking (Project 130) and trafficking in persons (Project 131). A draft discussion paper will be finalised during the second quarter of 2008.
The project is not currently receiving attention and will be assigned to a new researcher once the vacant posts of Senior State Law Adviser are filled.
The Commission, as far back as 1988, undertook an investigation with a view to improving the plight of mentally incapacitated persons who cannot afford the costs involved in securing a High Court appointed curator. The Commission's recommendations led to the adoption of the Mentally Ill Persons' Legal Interests Amendment Act 109 of 1990, which amended the Mental Health Act 18 of 1973. This amendment enabled an interested person to apply to the Master of the High Court (which entails insignificant costs) for the appointment of a curator to a person who is not declared to be mentally ill, but whom the applicant believes to be suffering from mental illness to such an extent that the person is incapable of managing his or her own affairs.
Although the present investigation revives the Commission's previous investigation, it covers a broader spectrum.
interests of persons whose legal capacity has for some reason been diminished have been researched.
An issue paper on this project was published at the end of 2001. A discussion paper was published for general information and comment in January 2004 and is discussed in the 2003/2004 annual report. Wide consultation preceded the development of an extensive draft Bill comprising about 150 clauses which has been finalised during the year under review. Consultation with a representative of the Departmental Policy Unit and with the Chief Master of the High Court to address policy issues took place during July and August 2007. Compilation of a draft report for submission to the Commission was partly suspended between June and December 2007 due to the researcher's involvement in work pertaining to research and improvement of the SALRC's processes (see chapter 1).
The draft report is receiving attention for consideration by the Commission by the end of 2008. Policy input from the DOJCD on the proposed draft Bill is awaited.
An issue paper dealing with the need for the extension of the ambit of the PDA was published in the form of a questionnaire in January 2003. A discussion paper was published for general information and comment in June 2004 and is discussed in the 2004/2005 annual report. A draft report was submitted to DOJCD in October 2005. Comments received from DOJCD in the course of 2006 and 2007 have been incorporated into the draft report and proposed legislative amendments. The draft report was submitted to Commissioners and DOJCD on 21 November 2007 for comment. The draft report served before the Commission on 1 December 2007. The draft report has been amended to reflect the comments received to date. Policy input from the DOJCD on the draft report is awaited.
Privacy is a valuable aspect of personality. While potential invasions of privacy can come from many sources, a chief concern in recent years has been information privacy. Information privacy has been defined as the claim of individuals, groups or institutions to determine for themselves how, when and to what extent information about them is collected, stored or communicated to others. Information about people and their activities can range from medical and financial records, purchasing habits and property ownership to borrowing habits at the video store, conversations via cellular telephone and surfing practices on the Internet - all mostly recorded in digital form. It is clear that personal information has acquired a market value. Ensuring the security of information has furthermore become very important since instances of identity theft and fraud have increased dramatically.
An issue paper was published for general information and comment in August 2003 and is discussed in the 2003/2004 annual report. A discussion paper was published for general information and comment in October 2005, which is discussed in the 2005/2006 annual report.
A series of workshops hosted by the SALRC were held in February and March 2006. The closing date for comments on the discussion paper was extended to 31 August 2006. Written submissions received on the discussion paper have been collated. A comprehensive draft Bill has been approved, in principle, by the advisory committee at its meeting on 28 June 2007. A draft report is being finalised. Policy input from the DOJCD on the draft report is awaited.
No comprehensive review of the provisions providing for different prescription periods - whether of a contractual or delictual nature - has ever been undertaken by the Commission. When reporting on the Bill which subsequently became the Legal Proceedings Against Certain Organs of State Act 40 of 2002, the Portfolio Committee for Justice and Constitutional Development recommended that the Minister for Justice and Constitutional Development be approached to request the Commission to include in its programme an investigation into the harmonisation of the provisions of existing laws providing for different prescription periods. An investigation into the review of prescription periods was subsequently included in the Commission's programme.
An issue paper was published for general information and comment in August 2003 and is discussed in the 2003/2004 annual report. The researcher involved in the preparation of a draft discussion paper was transferred to another department. The project is not currently receiving attention and it will be assigned to a new researcher once the vacant posts of Senior State Law Adviser are filled.
The Commission approved the inclusion of an investigation into the law of evidence in the Commission's programme on 17 September 2001. An advisory committee for the investigation was approved on 26 November 2002 and appointed in January 2003. The advisory committee's first meeting took place on 13 March 2003.
Professor PJ Schwikkard, one of the advisory committee members at the time, was requested to prepare a draft discussion paper on the principle of relevance and the hearsay rule. The advisory committee considered a revised discussion paper on 10 August 2004, after which the committee requested Professor Schwikkard to do further research with the assistance of Judge Nugent. Judge Harms (project leader) and Judge Nugent (advisory committee member), however, resigned during February 2005. The Commission appointed Professor Schwikkard as the new project leader on 2 March 2007.
The Minister appointed two new advisory committee members in August 2007 and the first meeting of the new committee was held on 26 October 2007. The advisory committee resolved to publish an issue paper in the format of a questionnaire to invite input from all relevant role players. The Committee was of the opinion that this was essential to determine the scope of the investigation. The Committee also approved the publication of a discussion paper on hearsay evidence and relevancy. The Committee recommended that a period of three months be allowed for comments on the documents.
The publication of an issue paper and a discussion paper on hearsay evidence and relevancy was announced at a media conference on 7 March 2008. The closing date for comments in respect of both publications is 30 June 2008.
The previous Minister for Justice and Constitutional Development requested the Commission to investigate administration orders by following an incremental approach to distinguish between reforms that could be effected in the short and medium term and reforms that could be effected in the medium to long term.
The Commission decided on 30 September 2005 that a proposal should be made to the Department of Trade and Industry that the National Credit Bill, 2005, should provide for certain amendments which would pave the way for the abolishment of administration orders in terms of section 74 of the Magistrates' Courts Act 32 of 1944. However, the Bill was passed by Parliament without any of the envisaged provisions. DOJCD then indicated that it would consider the repeal of section 74 amendments along the lines suggested.
When the Department of Trade and Industry submitted a proposal for urgent amendments to the National Credit Act and the Magistrates' Courts Act, the Commission reconsidered the matter. The Commission decided on 23 June 2007 that it would continue with the investigation. During March 2008 the Commission published a questionnaire on the future of administration orders in view of the provisions of the National Credit Act 34 of 2005. A decision will be made on the way forward once the responses to the questionnaire have been considered.
A family counsellor from the Family Advocate's Office in Bloemfontein requested the Commission to conduct an investigation into access of fathers to children after divorce where the children were placed in the mother's custody. The project was initially approved as Project 128 - Review of aspects of the law of divorce.
The Commission approved on 23 June 2007 that the name of Project 128 be changed to "Custody of and access to minor children" in accordance with its focus and that, because of possible mutual elements in Project 128 and Project 129: Review of matrimonial property law, both investigations should be dealt with as sub-projects under the Commission's existing broad investigation into Family law and the law of persons (Project 100). The Commission also approved that the Minister be approached to appoint a joint advisory committee for the two sub-projects. Ministerial approval for inclusion of this project as a sub-project under Project 100 and for the appointment of an advisory committee is awaited.
The researcher concluded a pilot study in the Kwa-Zulu Natal province by means of questionnaires completed by family advocates, social workers, psychologists and legal practitioners. Subsequent to the pilot study, five questionnaires were developed and distributed nationally to family advocates, social workers, psychologists, legal practitioners and parents. A total of 163 responses were received. The researcher held separate focus group forums with family advocate offices in nine provinces. One national focus group forum with principal and senior family advocates and family counsellors was held in February 2008 to reach consensus on controversial issues.
The researcher also consulted representatives from key organisations including DOJCD, the South African Association of Mediators and the Family Association of Mediators of the Cape and tertiary institutions. Their responses have been transcribed and will also be used to inform a discussion paper.
consultations will be analysed and collated and will be used to develop a discussion paper.
The Matrimonial Property Act was passed in 1984 in order to deal with shortcomings in the matrimonial property law at the time. The Act has been in place for nearly 25 years. Apart from the problems which have in particular been brought to the Commission's attention, a number of social and legal changes since 1984 (including the adoption of the 1996 Constitution and the recognition of customary marriages and of civil unions) suggest that a review of the law is necessary to ensure that it meets current needs. The purpose of the investigation is to review the current law for greater legislative fairness and justice in governing interpersonal relationships between spouses.
In view of possible mutual elements (such as a need to reform current divorce procedures) between Project 129 and Project 128 (Review of aspects of the law of divorce) the Commission on 23 June 2007 decided to include these two investigations as sub-projects under its existing broad investigation into Family law and the law of persons (Project 100). The Commission also decided to appoint a single advisory committee to assist the Commission with these two investigations. The Minister's approval of these decisions is awaited.
An issue paper was published for general information and comment in January 2004 and is discussed in the 2003/2004 annual report.
The Commission approved a discussion paper on trafficking in persons for publication in March 2006. The discussion paper is expounded in the 2005/2006 annual report. The closing date for comments on the discussion paper had been 30 June 2006, but was extended to 31 July 2006. As part of the consultative process, meetings were held to provide interested parties with an opportunity to discuss the Commission's preliminary recommendations as set out in the discussion paper and draft Bill. Consultative meetings were held in Pretoria on 6 June 2006, in Nelspruit on 13 June 2006, in Cape Town on 20 June 2006, in the Eastern Cape on 22 June 2006, in Durban on 27 June 2006, and in Bloemfontein on 29 June 2006.
A draft report on trafficking in persons has been finalised, but is subject to pending policy input from DOJCD.
that the South African Law Reform Commission be requested to investigate the possibility of a specific civil action in respect of consequential damages arising from hoaxes (including the possibility of punitive damages) separate from the expenses incurred by the security services, to deal with such hoaxes. The civil action is intended to be separate from the reimbursement order, which may be made by a Court after a conviction in respect of the offence relating to hoaxes (Clause 18(2) of the Protection of Constitutional Democracy against Terrorist and Related Activities Bill). A provision to this effect in our law is, for example, in respect of riot damage, which occurs as a result of gatherings and demonstrations (see section 11 of the Regulation of Gatherings Act 205 of 1993).
The project was assigned to the researcher in June 2005. A draft discussion paper has been submitted to the project leader for his consideration and comments.
A discussion paper dealing with measures to improve the administration process and to reduce the work of the supervising authority and executors was approved for publication by the Commission in September 2005 and is discussed in the 2005/2006 annual report.
It would take a considerable time for the Commission to approve a report on the comprehensive review of administration of estates and for the enactment of proposed legislation. Two matters however require urgent resolution, namely administration of "small" estates and streamlined procedures for other estates. An interim report dealing with these issues will be considered by the Commission at its next meeting.
A preliminary investigation into medical negligence and related aspects as a potential project for inclusion in the Commission's programme was conducted during the year under review.
Preparing a proposal paper for consideration by the Commission.
Several meetings were held with officials from the South African Medical Association (SAMA) and other role players. In spite of several requests for the information and meetings to discuss the information required, no information could unfortunately be obtained from the South African Medical Association and other relevant role players. In view of the fact that the matter therefore could not be taken forward, the Commission resolved on 1 December 2007 not to include this investigation in its programme.
In South African law, the common law offence of murder consists in the intentional and unlawful killing of another person. The culpable and unlawful killing of an unborn baby by a third party does not constitute a crime since a foetus is not considered to be a person. The current position in South African law is that a person only attains legal subjectivity at birth.
The Commission received a request from the Deputy Director of Public Prosecutions: Eastern Cape to investigate this legal position. The purpose of the preliminary investigation is to determine the necessity and propriety of creating a separate offence of the culpable and unlawful killing of a foetus by a third party. Depending on the outcome of this determination, the Commission will be formally requested to include an investigation into this matter in its programme in order to develop a definition and the elements of such an offence for purposes of proposing legislation.
The Ombudsman for Long-term Insurance requested the Commission to consider an investigation into mis- and non-disclosure in insurance law. The preliminary investigation was assigned to a researcher in February 2008, who has commenced with preliminary research.
The report on Project 90: Customary law of succession was submitted to the Minister for Justice and Constitutional Development in August 2004. The Minister approved the report for publication on 7 March 2008.
The South African Law Reform Commission has been involved in an investigation into the customary law of succession since 1998. The customary law of succession is based on the principle of male primogeniture, which has been a bone of contention since the promulgation of the 1993 and 1996 Constitutions. This principle entails that the eldest male descendant of the deceased inherits the estate. The application of this rule means that women and children who are not the eldest, cannot inherit. This principle prevents women, daughters and other male children from inheriting in the event of the deceased dying intestate. The principle of male primogeniture also enjoys legislative recognition. Section 23 of the Black Administration Act 38 of 1927 provides that all intestate estates of deceased Blacks must devolve according to customary law. This means that only males are allowed to succeed to status and property in the family.
The Commission published an issue paper in 1998 which generated immediate public interest and elicited continuing oral and written responses. In May 1998, as the responses were being received by the Commission, the Department of Justice and Constitutional Development developed a draft Bill. This Bill was submitted to Cabinet in June 1998 and introduced in Parliament as the Customary Law of Succession Amendment Bill, 1998. The Bill extended the general law of succession as embodied in the Wills Act 7 of 1953 and the Intestate Succession Act 81 of 1987 to all persons by the simple expedient of including within the terms of the latter Act all persons previously covered by section 23 of the Black Administration Act 38 of 1927. A discussion paper was published in 2000 after eliciting comments from various interested parties, including prominent nongovernmental and community-based organisations concerned with women's issues and customary law. A series of workshops were held which were attended, among others, by traditional leaders in all the provinces. A follow-up consultative meeting of expert role-players was also held.
The Commission had the benefit of considering numerous precedents set by other African countries. This report gives an overview of the discussions and debates that took place in the different fora during this process. It explains the dilemma faced by the Commission in choosing the options eventually adopted in the report and draft Bill.
The Commission finalised and submitted the report to the Minister in April 2004. The purpose of the investigation was to reform the customary law of succession in order to bring it in line with the Constitution. The reform is necessary as the application of the customary law of succession is discriminatory on the basis of gender and age. The report contains draft legislation which is intended to modify the customary law of succession so as to provide for the devolution of certain property in terms of the law of intestate succession; to clarify certain matters relating to the law of succession in relation to persons subject to customary law; and to amend certain laws in this regard.
SA 580 (CC), ruled that the customary rule of male primogeniture was unconstitutional.
In its report the Commission recommends the repeal of section 23 of the Black Administration Act 38 of 1927. The Commission also considered statutes that govern the application of the customary law of succession, namely the KwaZulu Act on the Code of Zulu Law 16 of 1985 and the Natal Code of Zulu Law, Proclamation R151 of 1987. Sections 79 to 82 make provision for testate and intestate inheritance of property and stipulate that succession and inheritance have to be in accordance with the rule of male primogeniture if the deceased family head had contracted a customary marriage.
One of the most important recommendations of the Commission, with regard to the reform of the customary law of succession, is the amendment of the Intestate Succession Act 81 of 1987. The proposed Bill provides that upon a person's death, the estate has to devolve in accordance with that person's will or, where there is no will, according to the law of intestate succession prescribed by the Intestate Succession Act 81 of 1987. This would apply to all estates, including estates of persons who had contracted a customary marriage that existed at the time of death. It is also recommended that the definition of a spouse be extended to include a spouse or spouses of customary marriages. All children born as a result of a customary marriage are, irrespective of age and gender, regarded as heirs ab intestato.
Another important recommendation relates to the recognition of supporting marital relationships for the purposes of intestate succession. Children of these relationships are to be regarded as heirs of a deceased person, on whose behalf such relationships were contracted. The relationships concerned are the ukungena, ukuvusa, ukuzalela and similar relationships. It is further recommended that children adopted according to customary law be regarded as children of their adoptive parents for purposes of intestate succession.
Generally, Africans do not adopt children in accordance with the prescripts of the Child Care Act 74 of 1983. The Intestate Succession Act 81 of 1987 places adopted children of a deceased in the same position as other children for purposes of intestate succession. The Commission recommends that children adopted in terms of customary law should also inherit from their adoptive parents.
In Western societies the law emphasises the interests, rights and liberties of individuals. African customary law, on the other hand, is general, traditional and aimed at preserving group interests. In the circumstances it is foreseen that the rigid application of the rules of succession will not always meet the needs of the persons concerned. The Commission therefore also recommends a procedure for resolving disputes and uncertainties pertaining to the devolution of family property. Disputes or uncertainties in connection with the devolution of family property will be determined by the Master of the High Court who has jurisdiction.
When a dispute arises in connection with the status of, or any claim by, any person in relation to a person whose estate or part thereof devolves in accordance with the Intestate Succession Act 81 of 1987, or the nature or content of any asset in such estate or the devolution of family property, the Master of the High Court is authorised to make a determination as seems to be just and equitable in order to resolve the dispute or remove the uncertainty.
speedily and without resorting to court action, disputes that may arise in the determination of these issues.
Before the passing of the Marriage and Matrimonial Property Law Amendment Act 3 of 1988, the effect of a civil marriage on an existing customary marriage was that the latter marriage was dissolved. The material rights of the spouses and children of the dissolved customary marriage were, however, protected in terms of the repealed section 22(7) of the Black Administration Act 38 of 1927. Realising that there might still be customary marriages that had been dissolved by civil marriages, the Commission made recommendations regarding the protection of the material rights of such wives and children in its draft Bill.
It is possible in customary law to allot property to a wife in a customary marriage. Moreover, certain kinds of property are, in terms of customary law, regarded as accruing to the wife or house created by a customary marriage. Although such property is under the control of the husband, it is regarded as belonging to the house created by the customary marriage and as such, to the wife. The property has to be used exclusively for the benefit of the wife and her children. The draft Bill recommends that this property has to be divisible by means of the will of the wife and if she dies intestate, it has to devolve in terms of the Intestate Succession Act 81 of 1987.
Finally, it is recommended that the Maintenance of Surviving Spouses Act 27 of 1990 be amended to include within the definition of "survivor" a spouse in a customary marriage.
The Commission depends for the efficient performance of its functions on the co-operation of institutions and persons who have an interest in its investigations. In order to ensure the best possible involvement of interested parties, it is the Commission's policy to inform the public as far as possible of new investigations undertaken and of issue papers and discussion papers published for general information and comment. Issue papers and discussion papers of the Commission are released by way of media statements so as to ensure good coverage. However, the Commission also submits issue papers and discussion papers of its own accord to institutions that have an interest in the investigations concerned. The reaction to these documents is an indispensable link in the process of law reform and it plays an important role in the eventual recommendations made by the Commission in its reports.
The good relations maintained by the South African Law Reform Commission (SALRC) with law reform bodies and institutions in other countries make the exchange of consultation papers, reports and other information possible. In this way, valuable information is exchanged that facilitates and expedites comparative research. It is significant how various legal systems are often faced with similar problems. The exchange of documents and information enables the Commission to evaluate thinking elsewhere in the world.
Study visit by three researchers from the Lesotho Law Reform Commission: 25 January 2008.
Ms T Madonsela, the full-time Commissioner, attended the 46th session of the Asian-African Legal Consultancy Organization in Cape Town from 2 to 6 July 2007.
New South Wales Law Reform Commission.
The Commission maintains good relations with the electronic and the printed media. Information that, in the Commission's opinion, is newsworthy is supplied to the media and enquiries are replied to fully and promptly. The Commission wishes to express its gratitude for the interest displayed by the media in investigations conducted by the Commission. This was especially apparent at the highly successful media conference held by the Commission on 7 March 2008.
The Secretary and Assistant Secretary deal with enquiries on the work of the Commission virtually on a daily basis. These include enquiries from the media, other state departments, the professions, universities, NGOs and members of the public.
Apart from dealing with routine enquiries on a regular basis, researchers and advisory committee members also participate in various programmes and discussions relating to their research projects. These take the form of, among others, interviews with radio stations, television appearances, articles in law journals and liaison with individuals and institutions.
In line with the Commission's policy to broaden its consultation base, extensive workshops and briefings in respect of relevant investigations are held. An effort is made to host the workshops and present briefings in as many different locations (urban and rural) as possible and the target audiences are, among others, the legal fraternity, relevant NGOs, state departments, parliamentary committees, relevant experts and the community in general.
Researchers and advisory committee members often participate in activities not initiated by the South African Law Reform Commission nationally and abroad. They are invited by government departments, non-governmental organisations and other institutions to attend seminars or conferences and to participate in workshops relating to investigations on the Commission's programme. In addition, they are frequently requested to present papers or lectures on the research projects that they are involved in or have been involved in.
operation between the Commission and other role players, serves to publicise the Commission's activities and ensures that duplication of initiatives is avoided.
Simplification the South African Criminal Justice System (CJS). Mr AWF van Vuuren period Mr Van Vuuren of criminal was nominated by the Chairperson of the Commission to participate in attended meetings of procedure the Departmental Review of the criminal justice system.
Briefing of the National Assembly Portfolio Committee on Justice and Constitutional Development and the National Council of Provinces Select Committee on Security and Constitutional Affairs re Criminal Law (Sexual Offences and Related Matters) Amendment Bill Assist the Department of Justice and Constitutional Development in the matter of Phaswane with regards to several constitutional issues relating to the position of children in criminal trials Meeting with a sexual health educator with regard to updating the curriculum in line with legislative developments Briefing of Namibian Law Reform Commission regarding the Sexual Offences Bill Participate in meetings of the Inter-sectoral Committee on the implementation of the Sexual Offences Act Interview on Radio 702 with Keenu Cummies on statutory sexual assault and statutory rape and the "Kissing Law" Interview on 104.
Attend and participate in workshop on the Children's Act and the Children's Amendment Bill with DSD, the Department of Local and Provincial Government and local authorities.
Meeting with Prof.
Brief a delegation from the USA State Department on investigation into trafficking in persons and other legislative processes relating to trafficking in persons.
The South African Law Reform Commission's comprehensive website can be accessed at http://salawreform.justice.gov.
During the period under review a substantial number of persons and institutions responded to specific or general invitations by the Commission to comment on particular issues or to assist it with its activities in some respect. It is impossible, within the scope of this report, to mention all contributors. However, the Commission expresses its sincere gratitude to all concerned - without their goodwill and assistance the Commission would not be able to perform its duty satisfactorily.
The Commission also wishes to express its appreciation to the various project leaders (from within and outside the Commission) for providing advice and direction to researchers, evaluating the research and for the documents and reports compiled under their guidance. The Commission would also like to express its appreciation to individuals and organisations for their willingness to serve on advisory committees of the Commission.
The Commission would also like to thank the researchers of the Secretariat for their dedication and the consistently high levels of excellence and professionalism maintained by them. A special word of gratitude is reserved for the persons who acted as Secretary during the period when the post of Secretary to the Commission was vacant.
Since March 1983 a serial number has been assigned to all discussion papers - previously referred to as working papers - and only these are listed below. Discussion papers are numbered consecutively.
4 Investigation into the element of fault in injuria 1978 Not published No legislation recommended.
8 Steps aimed at making the common law more readily available - - Several works published.
11 Investigation into the common law rule that interest may not accrue beyond the principal debt 1974 RP 18/1975 Recommendations not implemented, but see section 68A of the Insurance Act 27 of 1943 in respect of policy loans.
Report 1977 RP 57/1978 Divorce Act 70 of 1979 passed.
Section 7(3) of Act 70 of 1979 1991 ISBN 0 621 14140 2 Divorce Amendment Act 44 of 1992 passed. See also Projects 100 and 114 13 Investigation into the right of recourse of spouses in respect of contributions towards necessaries for the joint household 1974 RP 79/1975 Matrimonial Affairs Amendment Act 13 of 1976 passed.
15 The matrimonial property law with special reference to the Matrimonial Affairs Act, 1953, the status of the married woman, and the law of succession in so far as it affects the spouses 1982 RP 26/1982 Matrimonial Property Act 88 of 1984 passed. See also Projects 41 and 51.
16 Investigation into the application of setoff in insolvency 1975 Not published No legislation recommended. See Project 63 17 Examination of the convention on the form of an international will 1975 Not published No legislation recommended.
19 Investigation into the shifting of the onus of proof in bribery charges 1975 Not published No legislation recommended.
21 Limitation of the institution of legal actions against the State 1977 Not published No legislation recommended.
27 Abolition of civil imprisonment 1976 Not published Abolition of Civil Imprisonment Act 2 of 1977 passed. See also Project 54.
34 Examination of the legal consequences of artificial insemination and the duty of support in respect of certain adulterine children 1978 Not published No legislation recommended. See also Project 38.
37 Review of preferent claims in insolvency 1984 ISBN 0 621 090840 X Recommendations not implemented. See Project 63.
Supplementary report 1994 RP 158/1995 ISBN 0 621 16869 6 Referred back to the Commission. See Project 112.
47 Unreasonable stipulations in contracts and the rectification of contracts 1998 RP 133/1998 ISBN 0 621 28678 8 Under consideration by the Department of Justice and Constitutional Development. Submitted to the Department in May 1998.
53 Investigation into the amendment of section 26 of the Insolvency Act 24 of 1936 1983 Not published Insolvency Amendment Act 84 of 1984 passed. See also Project 63.
59 Islamic marriages and related matters 2003 RP 210/2003 ISBN 0 621 34989 5 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in July 2003.
Third interim report: The right of the Director of Public Prosecutions to appeal on questions of fact 2000 RP 58/2001 ISBN 0 621 30678 9 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in December 2000.
Fifth interim report: A more inquisitorial approach to criminal procedure 2002 RP 219/2002 ISBN 0 621 33510 X Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in August 2002.
Final report: Out-of-court settlements in criminal cases 2002 RP 218/2002 ISBN 0 621 33511 8 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in August 2002.
82 A new sentencing framework 2000 RP 57/2001 ISBN 0 621 30679 7 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in December 2000.
A compensation scheme for victims of crime in South Africa 2004 Ministerial approval of publication of report is awaited Report was submitted to the Minister for Justice and Constitutional Development for approval of publication in May 2004 and again in August 2006.
Fourth interim report: Compulsory HIV testing of persons arrested in sexual offence cases 2000 RP 40/2001 ISBN 0 621 30618 5 Recommendations regarding victims' need for information on their alleged offenders' HIV status have been included in Chapter 5 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
86 Euthanasia and the artificial preservation of life 1998 RP 186/1999 ISBN 0 621 29831 X Report under consideration by the Department of Health. Report submitted to the Department in 1999.
88 The recognition of a class action in South African law 1998 RP 181/1999 ISBN 0 621 29818 2 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in September 1998.
Conflicts of law 1999 RP 81/2000 ISBN 0 621 30061 6 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in September 1999.
90 Traditional courts and the judicial function of traditional leaders 2003 RP 209/2003 ISBN 0 621 34988 7 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in January 2003.
Customary law of succession 2004 Report being printed Publication of report approved by Minister for Justice and Constitutional Development on 7 March 2008. Report was submitted to the Minister in August 2004.
94 International arbitration 1998 RP 30/1999 ISBN 0 621 28861 6 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in July 1998.
Domestic arbitration 2001 ISBN 0 621 31453 6 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in June 2001.
96 Apportionment of Damages Act, 1956 2003 RP 208/2003 ISBN 0 621 34987 9 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in July 2003.
101 The application of the Bill of Rights to the criminal law, the law of criminal procedure and sentencing 2001 RP 118/2001 ISBN 0 621 31451 X Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in June 2001.
109 Review of the Marriage Act 2001 RP 117/2001 ISBN 0 621 31454 4 Report under consideration by the Department of Home Affairs. Report submitted to the Department in 2001.
112 Sharing of pension benefits 2000 RP 82/2000 ISBN 0 621 30060 8 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in June 1999.
Postponement of criminal cases via audiovisual link 2003 RP 211/2003 ISBN 0 621 34990 9 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in July 2003.
114 Publication of divorce proceedings 2002 RP 217/2002 ISBN 0 621 33572 6 Report under consideration by the Department of Justice and Constitutional Development. Report submitted to the Department in August 2002.
133 A specific civil action in respect of consequential damages arising from hoaxes - - See Chapter 3 134 Administration of estates.
Project 94: Arbitration: Community dispute resolution structures Prof.
Project 126: Review of the law of evidence Prof.
1 Mr J P J Coetzer SC A critical legal comparative study of law reform in South Africa (translation) ISBN 0 621 09442 0 2 Prof. Ellison Kahn The life and works of Hugo Grotius (1583-1645) GP-S 3 00344 3 Mrs M A Olwage (ed) Women and sexual offences in South Africa: Proceedings of a seminar held by the Institute for Criminology at the University of South Africa in conjunction with the South African Law Commission, Pretoria, 18 October 1984 (translation) ISBN 0 621 09779 9 4 Mr S I E van Tonder SC (ed) Index to the Opinions of the Roman-Dutch Lawyers and the Decisions of the Courts of the Netherlands which have been digested in the Algemeen Beredeneerd Register of Nassau La Leck (1741-1795), by Dr A A Roberts, Vols 1(A-B), 2(C-D), 3(E-H), 4(I-L), 5(M), 6(N-R), 7(S-T) and 8(U-W) Vol 1: ISBN 0 621 09382 3 Vol 2: ISBN 0 621 09646 6 Vol 3: ISBN 0 621 09778 0 Vol 4: ISBN 0 621 10254 7 Vol 5: ISBN 0 621 10295 4 Vol 6: ISBN 0 621 10686 0 Vol 7: ISBN 0 621 10710 7 Vol 8: ISBN 0 621 10709 3 5 Profs. F J Bosman, J De Smidt, H W van Soest & P van Warmelo Observations on decided cases concerning antenuptial contracts written by Cornelius Neostadius ISBN 0 621 09855 8 6 Profs.
8 Prof. P van Warmelo and Adv C J Visser Aantekeninge van Johannes Voet oor die Inleidinge van Hugo de Groot (text and translation) Vol 1: ISBN 0 621 10641 0 Vol 2: ISBN 0 621 10642 9 9 Prof. L J du Plessis Translation of Vinnius' Tractatus de Pactis ISBN 0 621 10277 6 10 Prof. W J Hosten (ed and transl), Mrs C van Soelen and Mr P Ellis Treatise on the quasicontract called promutuum and on the condictio indebiti by Robert-Joseph Pothier ISBN 0 621 10722 0 11 Prof. R Whitaker Quaestiones juris privati by Cornelius van Bijnkershoek Vol 1: ISBN 0 621 10657 7 Vol 2: ISBN 0 621 10675 5 12 Profs.
South African Law Reform Commission E-mail: reform@justice.gov.
Private Bag X668 Internet: http://salawreform.justice.gov.
<fn>GOV-ZA.200708En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2007090105En.2012-02-10.en.txt</fn>
The National Treasury, through the Asset and Liability Management Division determines the Prevailing Interest Rates for the 2-year, 3-year and 5-year RSA Retail Savings Bonds at the end of each month.
The Prevailing Interest Rates of the RSA Retail Savings Bonds are determined by interpolating the equivalent yields of the 2-year, 3-year and 5-year Government Bonds.
The Prevailing Interest Rates are applicable from the first day of the month (1st September 2007) until the last day of the month (30thSeptember 2007).
2-year Retail Bond: 9.25% 3-year Retail Bond: 9.25% 5-year Retail Bond: 8.
<fn>GOV-ZA.2007090301En.2012-02-10.en.txt</fn>
The National Treasury through the Asset and Liability Management Division wants to notify Bond holders that they are able to split their R153- 13.0% 2009/10/11 Government Bond holdings into three new series of bonds from 1 September 2007.
The split option is in line with decisions previously made by the National Treasury with regard to the R144, R147, R150 and R194 three legged government bonds.
The National Treasury would like to stress that the R153 bond split is totally optional. This will be available until the books closed date, which is 10 days prior to the first leg's maturity date of 31 August 2009. Thereafter all outstanding R153 bonds will automatically split, as per terms and condition.
If holders opted to split their holdings in the R153 bond, they may surrender their holdings as from 1 September 2007 for replacement.
If a holding in the R153 bond is not fully devisable by one third, the R008 and R155 bonds will be rounded to the nearest one rand, with the balance being added to the middle tranch, R154 bond.
One third of the nominal amount, rounded off to the nearest R1.00 will be redeemed on 31 August 2009, after which the remaining two-thirds will be split amongst the R154 and R155 bonds as explained above.
Holders with electronic holdings at STRATE are requested to contact their settlement agents to affect the split on their behalf.
A separate letter, to holders of the R153 bond who opted not to split, will be sent three months prior to the first redemption date of the R153 bond, 31 August 2009, to explain the redemption procedures for their bonds holdings.
<fn>GOV-ZA.2007090501En.2012-02-10.en.txt</fn>
Accountability is what sets apart successful democracies from failed ones. Democracies the world over are as good as the institutions that make them up. Yes, democracies succeed or fail because the institutions that constitute their life blood work or fail to work. While the regular holding of elections is an essential ingredient for democracy, it is by no means sufficient to ensure that democracy is deepened and its benefits are enjoyed by all citizens.
As South Africans, our endeavour to deepen democracy must entail deliberate and concerted efforts to strengthen our institutions of democracy. And we must start here. We must start by strengthening the oversight capacity of Parliament by enabling it to hold all life for all to account.
Timely availability of reliable information on the delivery of public services is an essential tool for exercising oversight. Today we table before the NCOP the Provincial Budgets and Expenditure Review (formerly called the Intergovernmental Fiscal Review) which sets out trends in provincial spending and budgets for a seven-year period: 2003/04 to 2009/10. Let me remind this house, we do this because we appreciate its contribution in empowering you, the elected representative to hold us, the executive, to account for the resources you have allocated to our respective departments to use for the betterment of the lives of our people, and not because there is any legal obligation on us to publish this document.
During budget debates Ministers and MECs make promises. They enter into "contracts" with Parliament and legislatures to deliver services to the citizens. Surely, as the house that allocates resources to the three spheres of government through the Division of Revenue Act you deserve to know what the money buys. This Review places Honourable Members in a position to assess more effectively the progress we are making towards progressively realising the social and economic rights enshrined in the Bill of Rights. It enables you to determine whether we are making good progress towards effecting equity and equality in the delivery of services to our people. Do feel free to ask tough questions where you detect failure from whoever is charged with the responsibility to execute their public mandate. We should not mask the fact that achieving our developmental agenda is not an easy task. Our people deserve honesty.
(services mainly delivered by provinces).
Under a carefully managed expansionary fiscal stance, public spending has been growing at about 8,4 per cent a year in real terms since 2003/04, faster than growth and population size. While we should feel good that we now have more resources at our disposal, the real test is in our ability to take advantage of the expanded fiscal envelope to accelerate the process of measuring improvement on the quality of life of our people. Parliament must keep the executive focused on the attainment of the commitments we made in the People's Contract. This is what the people who elected us expect, and this is what we must deliver.
The Review we are tabling before you today is important because it is a measure of whether the policy objectives we set three years ago have been achieved. It lays the basis for agreement on areas that might require review and refocusing. It provides Parliament with the information it needs to engage the executive on the effectiveness of our policies. Where we detect inadequacies we must be bold enough to change direction.
When members examine the trends in this Review they will notice that spending has been increasing across all sectors. The social services programmes which include education, health and social welfare services have been growing quite strongly.
Education expenditure grew at 5,3 per cent above inflation between 2003/04 and 2009/10. It is not an accident that, today; education spending is the largest item on the budget.
Between 2003/04 and 2006/07 government has built 407 new schools and over 18 000 classrooms. The numbers of learners enrolling for matriculation have risen, and so have the numbers that pass the matric exam. Provincial reports also indicate the increased participation rate among female children that stood at 98 per cent in 2006, up from 93 per cent in 2003. This lays a solid basis for empowering our women leaders of tomorrow.
The no-fee schools policy introduced last year covers 13 912 schools benefiting about 5 million learners. This goes a long way towards further improving access to education and thus realising the constitutional right of access to a basic education. In the current financial year R3 billion is budgeted for the implementation of no-fee schools.
We have also invested R520 million in the re-equipping and refurbishment of the further education and training in the past two years. The investment is promising good returns. Enrolments in the fields of engineering and science are rising. This will make a dent on the skills shortage in these areas.
We should derive some encouragement from the positive trends that are emerging from interventions such as the Dinaledi Schools initiative which promotes mathematics and science education. Pass rates in these schools are higher. So we should look at expanding this kind of initiative.
In spite of all these notable accomplishments, we all should not hide from the tough challenges that we still face. If we compare South Africa with countries like India, Turkey obtained in these other countries. Further, the senior certificate pass rate has declined from 70,7 per cent in 2004 to 66,6 per cent in 2006. We should also note that an even harder challenge is whether those passing matric are also equipped to find jobs or further their education. As a country we should take collective responsibility to support the education sector in its endeavour to address the curriculum content and quality challenges we face, and improve links with out-of-school training.
Health expenditure has been growing by about R3 billion a year above inflation since 2003/04. With strong growth sustained over the MTEF, per capita spending per uninsured person is projected to reach R500 per uninsured family per month by 2009/10.
We have also stepped up investment in health infrastructure. This has facilitated refurbishment and rehabilitation of 40 hospitals across the nine provinces. The health sector also has good examples of how government can join hands with the private sector to accelerate delivery. The world class Inkosi Albert Luthuli Hospital in KwaZulu-Natal is an example of a good PPP.
Primary health care has been considerably strengthened in line with the policy objectives of government especially those of bringing services to where people live. Accordingly, primary health care recorded 20 million more patient visits a year than eight years ago.
results. Since 2004 the health sector has been able to employ 31 710 additional health care workers, 7 000 of these are professionals.
Provincial reports also confirm that the health sector is implementing a systematic and comprehensive response to HIV and Aids. Under the auspices of the national strategic plan approximately 264 000 persons were on treatment at the start of the current financial year, up from about 143 000 a year ago. It is anticipated that the number of people on treatment will exceed 300 000 by 31 March 2008. The sector is budgeting to have over 600 000 persons on treatment by 2010.
So, the policy commitments we have made with respect to health are funded. I say this not to suggest that our health system does not face challenges. The emergence of multi-drug resistant and extreme-drug resistant strains of TB is a challenge. But this is not unique to South Africa. It is world wide a challenge. These strains of TB kill about 1,7 million people across the world each year. Notwithstanding these challenges, our health system is on a sound footing. We need to stay the course with the interventions.
Following the shift of social security grants administration from the provinces to the South African Social Security Agency, provincial social development departments have been able to focus on the remaining social welfare and development services. Combined social welfare services budgets more than doubled over the seven years covered in this Review. They grow from R2,0 billion to R5,6 billion. Although as a share of total provincial budgets this function remains modest and its importance for the well-being of the aged, vulnerable growth in the combined provincial budgets for this sector is welcome.
Over the period covered by this Review provinces are increasing their budgets for "other" provincial functions, from R31,4 billion in 2003/04 to R69,8 billion in 2009/10. This includes substantial investment in roads and public buildings. This is investment in the productive capacity of the facilities through which public services are delivered.
Housing remains a critical component of provincial non-social services expenditure. To date government has spent a cumulative amount of R40 billion on the housing programme. Over 3 million subsidies have been approved over the same period. In the period ahead, we need to narrow the gap between subsidies issued and actual houses constructed, for only when subsidies are converted to homes shall we succeed in making a dent on the housing backlog. Parliament and provincial legislatures must play a vigorous role to ensure that such houses actually get built, and get built quickly. Municipal councillors surely also should play a greater role in ensuring the quality of houses being built.
One of the major successes of our democracy has been the creation of a system of intergovernmental relations founded on the principle of cooperative governance. This system has matured over the years and has served us very well. But it would be remiss of me to pretend that the system is perfect. In this regard I want to touch on areas in which our cooperative governance arrangements could be improved.
linkages between policy making and resource allocation. Our intergovernmental system is predicated on the view that Cabinet decides the vertical spilt of nationally raised revenue between the three spheres. We arrive at the vertical division of revenue after a thoroughgoing consultative process, which takes into account future priorities and the capacity of each sphere to raise its own revenue. We then apply a revenue-sharing formula which seeks to redistribute the share allocated to the provincial sphere to enable provinces that inherited areas that were previously neglected to "equalise" their spending.
Would it be unreasonable to ask this house, as the institution charged with looking after the interest of provinces to monitor whether we are succeeding in achieving inter- and intraprovincial equity in the delivery services. For our part as the National Treasury we undertake a very thorough benchmarking of each province's budget against the national priorities and funding norms where these exist. But the main responsibility for provincial resource allocation remains with the Provincial Executive Councils. The area of alignment between national policies and provincial budgets is but one of the areas that we need to examine as we move forward. And I hold the view that this house has a central role to play in this regard.
I am appealing to this house to find a way of staying engaged with the budget process beyond the passing of the Division of Revenue Bill.
I want to end by reminding members of three issues that I have previously raised. The first of these is the need to examine how we redesign our intergovernmental system such that the link between policy making, on the one hand, and the budgeting The second area relates to the assignment of powers and functions across spheres. Our constitution states that a function must be assigned to the sphere that can deliver it more effectively. The review of the intergovernmental system presents a unique opportunity to move functions around to meet this criterion.
Finally, I raised the issue of accountability and oversight, again in respect of concurrent functions. The "policy process on the system of provincial and local government" that has been instituted by my colleague Minister Mufamadi is a step in the right direction and I want to urge members to participate fully in the process as it is central to the work of this house and the functioning of our democracy. As I said in the beginning, without accountability there can be no democracy.
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The Minister of Finance is releasing the draft 2007 Revenue Laws Amendments today at 17:00, for public comment. This legislation, together with the Taxation Laws Amendment Act, 2007 (already promulgated on 8 August 2007) give effect to the tax proposals presented by the Minister of Finance in the 2007 National Budget as tabled in Parliament on 21 February 2007 (and outlined in detail in chapter 4 and Annexure C of the 2007 Budget Review).
Base broadening for the Secondary Tax on Companies ("STC"): The STC rate on dividends will be dropped from 12,5 per cent down to 10 per cent as of 1 October 2007. The proposed amendments will also deal with a number of schemes designed to avoid the STC through artificial distributions of share capital and share premium.
Capital versus ordinary treatment of shares: Capital gains face a much lower rate of tax than ordinary revenue (e.g. in the case of individuals, the top capital gains rate is 10 per cent; whereas, the top ordinary rate is 40 per cent). Subject to antiavoidance rules of limited application, the proposed legislation clarifies that the disposal of all shares will be treated as having a capital nature as long as those shares are held for at least three years.
Depreciation incentives: The proposed amendments provide depreciation incentives for various assets that are currently ineligible. Depreciation incentives will be added to rolling stock, railway lines, port infrastructure assets, commercial buildings and environmental manufacturing assets.
Work death benefits: Employees are entitled to tax exemption when receiving death or disability benefits in terms of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993). The proposed amendments allow an additional R300 000 exemption when employers pay an additional amount to the families of former employees who die from a work related injury.
Professional sports funding and amateur sports: The Revenue Laws Amendments facilitate the funding of amateur sports activities by professional sports. This form of funding will be deductible to the extent that both the professional and amateur sports arms fall within the same taxable entity. This proposal should assist in the effort to have amateur sports operating as a feeder to professional sports.
Cooperative Banks: National Treasury recently introduced the Cooperative Banks Bill to facilitate banking access to rural communities and individuals. The proposed amendments support these efforts by ensuring that cooperative banks will be potentially eligible for small business tax relief (e.g. which has a current R43 000 taxable income exemption and a 10 per cent rate up to R300 000 with a 29 per cent rate above R300 000).
Merger of Stamp Duty and the Uncertificated Securities Tax: Two sets of tax regimes currently apply to transaction taxes falling on the transfer of shares. The Stamp Duties Act (Act No. 77 of 1968) applies to unlisted shares and the Uncertificated Securities Tax, 1998 (Act No. 31 of 1998) applies to listed shares. In order to simplify compliance and administration, both taxes will be merged into a new transactional tax. The new regime also modernises various sets of relief measures relevant to this form of taxation.
The National Treasury is scheduled to brief Parliament's Portfolio Committee on Finance on the draft legislation on 18 September, 2007. Parliament will through its own processes request public comments on the Amendments, and thereafter hold public hearings in October 2007. Whilst all comments should be submitted to the Parliament's Portfolio Committee of Finance, members of the public are also invited to send the same comments to the National Treasury and South African Revenue Service directly, before 8 October 2007 (and hence before the hearings).
National Treasury will consider all such comments submitted to it, SARS and to the Portfolio Committee of Finance, as well as any recommendations arising from the Parliamentary hearings, when finalising the legislation for tabling in Parliament in midOctober 2007.
For the sake of convenience, the Revenue Laws Amendment Bill is consolidated at this stage, but will be further split into a section 77 money bill and a section 75 bill when it is formally tabled in Parliament (hence a total of four bills will be tabled in October).
Note that in addition to the Bills, two Explanatory Memoranda are also published to assist in interpreting and understanding the above bills. Copies of the Bills and the two Explanatory Memoranda will be available from 17:00 today at the National Treasury (www.treasury.gov.za) or SARS (www.sars.gov.za) web sites.
For further information contact Thoraya Pandy on 012 315 5944.
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Madam Speaker, the Co-operative Banks Bill, 2007 seeks to create an appropriate regulatory framework for member-based deposit-taking, financial services co-operatives. By creating a sector-specific regulatory framework, the Co-operative Banks Bill also seeks to promote and advance the social and economic welfare of South Africans by enhancing access to banking services under sound and sustainable co-operative banks.
Co-operative banks will be divided into 3 tiers, namely: (a) Primary co-operative banks; which will comprise of the savings as well as savings and loans cotwo or more primary co-operative banks. and (c) Tertiary co-operative banks which can be established by two or more secondary co-operative banks.
The Co-operative Banks Bill is one of Government's initiatives to promote access to financial services, particularly to the most vulnerable people characterised by low incomes and lack of access to mainstream financial products. It is part of a broader strategy for promoting access to financial services in addition to the financial sector charter and the Mzansi initiative.
In 2004, the financial sector launched the financial sector charter which culminated in some innovative initiatives that promote access to financial services. The most prominent of these initiatives is a "no-frills" basic bank account popularly known as the Mzansi bank account. According to the Banking Association of South Africa over 3 million Mzansi accounts have been opened in the three years following the launch of the financial sector charter.
According to the Finscope (2006) survey at least 49 percent of the total adult population in South Africa does not have access to banking services. This implies that in 2006, 15.27 million of the adult population was unbanked.
While noting the major achievements made by the commercial banks in providing banking services to the previously excluded sections of our community, it must tackled by commercial banks alone. Community participation and some government intervention is required if we are to see success.
Madam Speaker, it is important to note that the Co-operative Banks Bill is not proposing a new concept, but seeks to formalise an old international tradition of institutionalised self-help practices. Co-operative banks have been in existence for centuries and are very successful in countries like Germany, Australia, United Kingdom, United States, India, Brazil, Tanzania, Uganda and in many others. In many of these countries, these co-operative banks have been successful because of deliberate government policies that support and advance their cause but also because of an existing dedicated regulatory framework.
Since 1998, financial services co-operatives, credit unions, and village banks have been operating under an Exemption from the mainstream Banks Act. The implications of the exemption notice and an absence of a sector-specific legislation for these community-owned banking institutions are firstly a lack of protection for the deposits invested in such institutions and secondly an exclusion from the lender of last resort facilities. Under an "Exemption Regime", and in the absence of formal regulation and protection afforded in the lender of last resort facilities, the public confidence in these institutions is hugely compromised.
regulatory arrangement by providing for formal regulation and supervision of cooperative banks, creating a development framework to be implemented through a Development Agency for Co-operative Banks, and for an establishment of a deposit insurance fund aimed specifically at protecting the registered cooperative banks.
The Co-operative Banks Bill was intensely debated in NEDLAC and extensive consultations with other relevant stakeholders were carried out. Comments were received from a wide array of groups and associations including COSATU, the Banking Association of South Africa, Savings and Credit Co-operative League of South Africa (SACCOL), the Business Parliamentary Office (representing BUSA and Chamsa), the University of Pretoria, the Competition Commission, and the South African Reserve Bank. Judging from the substance of the comments received, the Bill was generally well received.
Madam Speaker, I would like to thank all the members of the community who took time to engage with the National Treasury during the consultation periods and for all those who sent through their useful written comments. I would also like to thank the Portfolio Committee on Finance under the guidance of the Honorable Chair Mr. Nene for interrogating the Bill and helping to sharpen it as an instrument that seeks to promote access to financial services.
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In terms of section 213 of the Constitution of the Republic of South Africa, 1996, the withdrawal of money from the National Revenue Fund as a direct charge, must be provided for in an Act of Parliament. In terms of section 77 read with section 73 of the Constitution, a Bill that authorises a direct charge is a money Bill that must be introduced by the Minister of Finance.
The Special Adjustments Appropriation Bill appropriates additional amounts of money for the requirements of the Departments of Public Enterprises, Communications, Agriculture, and Sport and Recreation South Africa in respect of the 2007/08 financial year.
The additional appropriation to Public Enterprises will enable the department to make transfers to certain State Owned Enterprises to address urgent cash requirements. The proposed adjustment of R2 090 million to the budget of the Department of Public Enterprises will be recorded as transfers to Alexkor (R44,7 million), Denel (R222,0 million), and PBMR (R1 823,6 million).
The additional appropriation of R500 million will be transferred from the Department to Sentech. The funding will contribute to the capital requirements associated with establishing a broadband wireless telecommunications network.
The additional appropriation of R700 million will be transferred from the Department to the Land Bank. The proposed adjustment is necessary to address the liquidity shortages and cash adequacy ratio of the bank.
The additional appropriation of R1 905 million will be allocated to the Department of Sport and Recreation South Africa and recorded as 2010 FIFA World Cup Stadiums Development Conditional Grants. The proposed adjustment is necessary to ensure that stadium construction programmes are not constrained by cash flow shortages.
I hereby table the Special Adjustments Appropriation Bill [B - 2007].
<fn>GOV-ZA.2007091201En.2012-02-10.en.txt</fn>
Madam Speaker, Ministers and Deputy Ministers, honourable members of the National Assembly, today we take the unusual step of tabling a special Adjustments Appropriation Bill. Though we have occasionally had to table second adjustments budgets in previous years, this is the first time an appropriation has been required before the usual adjustments budget. We table this special appropriation bill due to the fact that in each case, we unfortunately do not have the option of waiting for the normal adjustments budget at the end of October.
Both the Government in general and I as Minister of Finance have been hesitant to introduce more than one adjustments budget a year. Where we have done this, it was either due to an emergency or a clear unavoidable situation. While the items that we request additional resources for today cannot be considered a natural or economic emergency, we table this special appropriation bill after exploring all options to meet the urgent cash-flow requirements. Not providing this financial support may, in some cases, cost government more than the amounts requested.
The first set of additional allocations is requested to ensure speedy completion of our 2010 FIFA World Cup stadium projects. In the Budget in February this year, we announced an amount of R8,4 billion over four years for the ten stadium upgrade or construction projects. Today, we are pleased to announce that in certain cases, construction is proceeding faster than anticipated. For this reason, we are requesting that R1,9 billion be brought forward from next year's allocation to the present year. In addition to faster progress on the projects, the additional funds will be used to pre-fund the procurement of roofing structures which, in some cases, involve importing expensive fabricated steel products. Early payment reduces risks of cost escalation and currency risk. In particular, the Soccer city stadium project in Johannesburg and the Moses Mabhida Stadium project in eThekwini contain complex roofing structures.
Since we announced the R8,4 billion ceiling on the stadium projects, we have had a number of requests for additional resources. We have been firm in our resolve not to provide any additional resources for these projects and we commend host city municipalities for ensuring that we do not exceed the financial limits on all of the projects.
A review of all ten stadium projects shows that we are on track to meet the deadlines set by FIFA. This is again testimony to South Africa's ability to organise and manage large international projects to the highest standards. We wish each of the host cities and the local organising committee well in their endeavours to host a memorable tournament.
Honourable members, in 2004 Government signalled a strategic shift in its approach towards state owned enterprises and our development finance institutions. We signalled a stronger role for these enterprises and institutions in driving our developmental agenda. When we took this decision, we were mindful of the fact that, in some cases, our enterprises were not well managed in the past, not well capitalised and governance and oversight was sometimes lacking.
In implementing this strategy, we have had to work tirelessly in increasing their strategic focus and in improving management. Our approach attempted to steer away from sterile ideological debates about whether the public sector or the private sector was better able to deliver services to business and households. Instead, we have adopted a pragmatic approach that recognised that there were areas where government had to exit from providing the service, but there are also areas where we feel that the public sector can play a positive role in driving investment, lowering the cost of business and crowding in private sector investment.
Our strategy has entailed taking a tough stance to root out poor management, focusing these enterprises on their mandated core functions and responsibilities. We must ensure that we build financially viable enterprises that can contribute towards development without ongoing access to fiscal resources. We also knew that, in some cases, as the sole or principal shareholder, we would have to provide additional resources to finance higher levels of investment. So far, our strategy has been effective. We have seen gross fixed capital formation rise, partly driven by higher investment by the public sector.
In the Budget in February this year, we announced a number of developments in state owned enterprises and development finance institutions where we were working to assess business plans, improve management competence and increase strategic focus. In particular, we informed Parliament that we were reviewing the business plans and activities of the Pebble Bed Modular Reactor Project, Sentech, the Land Bank and Broadband InfraCo.
We also announced that funds would be provided to some of these entities once business plans had been approved, and a larger than normal contingency reserve was set aside for this purpose. In terms of Section 30(2)(d) of the Public Finance Management Act, 1 of 1999, such allocations may be provided for in an adjustments appropriation bill.
Today, we are pleased to announce that an agreement has been reached on the business plan of Sentech. Government has approved Sentech's role in developing a national wireless network that can be used by a number of enterprises including private companies to enhance wireless internet connectivity to both businesses and households. Sentech will become a wholesale wireless network provider, investing in signaling and transmission technology to bring down the costs of wireless internet services to all users. For this purpose, Government is providing R500 million as an initial capital investment in this infrastructure.
The Land Bank is a key development finance institution providing access to credit in the agricultural sector. It has played a pivotal role for almost a century in the development of commercial agriculture in South Africa. If in South Africa we are going to expand our agricultural industry and in particular, if we are going to succeed in bringing black farmers into the agricultural supply chain, the Land Bank is going to continue to be a key player in this sector.
However, we are also mindful that the operations and governance of the Land Bank have not been optimal. The capital adequacy ratio of the Bank has fallen considerably, mainly due to the writing off of some large non-performing loans. Led by the Minister of Agriculture, Government has actively engaged with the Board and the management team to improve the functioning of the institution. We have made progress in a number of areas that are of concern to government. However, the task of turning the Land Bank around is still very much work in progress, and the Treasury will continue to monitor financial aspects of this project.
Given the progress that we have made and noting the low level of capital on the balance sheet, it is prudent for government to recommend an injection of R700 million in cash and the provision of a R1,5 billion government guarantee in order to ensure the sustainable operations of the Bank. I will continue to work with the Board of the Bank and the Minister of Land Affairs and Agriculture to put this institution on a sound footing.
Members of this house will be aware that considerable progress has been made in recent years in the design of a new generation nuclear power plant, known as the Pebble Bed Modular Reactor. The construction of a demonstration plant has now begun, for which government has made a financial commitment of R6 billion over three years. This commitment was also announced in the 2007 Budget speech. At the time of the budget, the amount required this year and details of the business plan were not finalised.
At this stage, external funding for the project is not available and an amount of R1,8 billion is therefore required for the period April to December this year. This amount will allow the project to fund ongoing recurrent expenses as well as provide for contractual obligations related to the design components of the demonstration plant.
It is known to many of you that government's efforts to exit from diamond mining through state owned mining company Alexcor have been impacted upon by a protracted land claim made by the Richtersveld community. A Deed of Settlement in the land claim was signed on 22 April 2007. The settlement constitutes the conclusion of a lengthy court case in which billions of Rands were claimed from the Government of South Africa. The settlement was subsequently approved by Cabinet. One of the conditions of the settlement is that Alexkor Limited should continue to operate as a going concern, and that it will enter into a Pooling and Sharing Joint Venture with a Richtersveld Mining Company which will become the owner of the converted land mining rights that presently belong to Alexkor. Funding of R44,7 million is required for the operational costs and working capital of the Alexkor Mine for the current financial year, in addition to the restitution amounts provided on the Land Affairs vote.
This settlement is aimed at providing the community of the Richtersveld with a legal and corporate structure to benefit from the mining operations while government takes on some of the liability to rehabilitate the land once the mining operations are wound down.
The final item in this special appropriation bill relates to an indemnity claim in favour of Denel's aero-structures subsidiary. The claim is presently being verified by auditors appointed by the Department of Public Enterprises, and an amount of R222 million is required as provision against this contingent liability.
Madam Speaker, in each of these cases, it is not possible to wait until the normal adjustments appropriation bill, to be tabled on 30 October 2007 in this house. It is not the intention of government to request approval for the appropriation of resources more often than is absolutely necessary. If we could have avoided the need for a special adjustments budget, we would have done so.
Turning our state enterprises and development finance institutions around so that they can become effective tools in the hands of a developmental state requires huge effort on all fronts. I confess that in some cases, we have been disappointed with our efforts to focus their activities in a manner that ensures financial sustainability. We have much more work to do to improve the quality of management and the strategic direction of these enterprises. However, as shareholder, it is also our obligation to ensure that these entities do not engage in risky financing arrangements that would inevitable cost consumers more in the long term. It is our obligation to provide funding, after due diligence has been completed, where these funds are required to increase investment or to lower the costs of doing business in South Africa.
In total, an additional appropriation of R5,195 billion is required for the Departments of Agriculture, Communication, Sport and Recreation and Public Enterprises. The anticipated revised total expenditure level, and how it is to be financed, will be dealt with as usual in the Medium Term Budget Policy Statement at the end of October.
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12 September 2007 Introduction Thank you for the opportunity to address you this evening. I address you today on an historic day for our country. It was thirty years ago today that Steven Bantu Biko was killed by the South African police. He was just 30 years old, at the prime of his life; passionate about literature, academia, identity, equality and human rights. If Biko were alive today, I am pretty sure that he would either be a member of the government or a prominent theoretician on the dynamics of our society. Yet, history is curious way of testing who we are - the chances are that more people in this audience recall the events in New York of 11 September 2001, than the profound tragedy of the death of Steve Biko. That is an important discussion we should preserve for another day.
Members of a university community are in the fortuitous position where they can develop and engage with the theories of society and at the same time reflect on their experiences from their own backgrounds. Biko was able to combine passion for the rights of people with an ability to understand society that belied his tender age.
Over the past month, global financial markets have experienced heightened turbulence driven by a tightening of credit conditions and an increase in the price of riskier assets in global credit markets. The wave of turbulence was triggered by rising defaults in the US sub-prime mortgage market, and has directly affected hedge funds, investment funds and the commercial paper market, and had knock-on effects on equity and currency markets around the world.
This volatility should be seen in the context of the slow unwinding of global imbalances - the pattern of large current account deficits in some countries such as the US and surpluses in China, oil exporting countries of the Middle East and elsewhere. Open to the back page of The Economist magazine in any given week, and marvel - look at current account balances - USA has a deficit of 5.8% of GDP at a staggering $ 804 Billion; China has a surplus of 10.7% of GDP valued at $250 Billion; or Saudi Arabia's surplus is 25.8% of GDP valued at $ 99 Billion, or our own, a deficit of 6.
16.6 Billion dollars. There are these huge imbalances with no international agency to deal with or regulate them. Truly, this is globalisation without global institutions of governance.
Rising interest rates in the US, which are needed to increase saving there, have revealed the inability of many households to continue to finance large mortgages.
Sub-prime debt has been packaged and sold to foreign investors, creating the link for international financial contagion from the US economy to the rest of the world.
These contagion effects indicate how advanced the process of financial globalisation has become. In the 1980s, problems in the US housing market might have resulted in a run on one or two large US banks. Instead, the current US sub-prime mortgage crisis is having an impact on financial markets across the world, including South Africa.
Current market developments unfold against the backdrop of a spectacular build-up of global liquidity in recent years - referred to by Chairman Ben Bernanke of the US Federal Reserve as the global savings glut,1.
According to Bernanke, the glut in global savings helped to explain a number of related developments in the global economy, including the substantial rise of the US current account deficit, the huge expansion in current account surpluses in emerging market economies, and the world wide decline in long-term interest rates. We might further add the role played by the US monetary system as lender of last resort in the successive financial crises of the 1990s and 2001 as contributing to globally low interest rates. Asset price inflation in major world economies, especially the US housing market, further elicited credit expansion as household debt to asset ratios fell over time.
This increased liquidity and the savings glut introduced a degree of comfort and, in some cases, complacency in financial markets not seen in decades. This complacency in turn led to more complex and riskier financial instruments, at times out of touch with reality. Financial analyst appeared to be driven by their computer-based models rather than real economic variables.
The current market correction may be part of a process of reducing the scale of global imbalances, which would require a combination of slower US consumption growth, a weaker dollar, a slower build-up of savings in emerging markets and a repricing of Asian exchange rates. As this process unfolds, various markets will experience volatility, especially those that have exhibited asset price inflation in recent years.
We need to recognise that while the process of rebalancing will lead to temporary changes in global growth, an orderly unwinding of imbalances is necessary in order to maintain the unprecedented strong global growth path over the longer term.
1 Bernanke, B. 2007. "Global Imbalances: Recent Developments and Prospects". Speech delivered at the Bundesbank Lecture, Berlin, Germany.
A prolonged period of low interest rates around the world has led to a surge in global portfolio flows and encouraged increased risk taking and borrowing by investors. Assets under management of institutional investors more than doubled in the decade between 1995 and 2005 from US$21 trillion to US$53 trillion.
Investment in alternative vehicles such as hedge funds has also increased sharply, with assets under management by hedge funds reaching US$1.4 trillion at the end of 2006 from US$30bn in 1990. It is estimated that roughly 50 per cent of oil revenues in the current commodity cycle are saved and reinvested into the global financial system, which has led to a quadrupling of reinvested oil revenues from US$90 billion in 2002 to over US$400 billion last year. Reserves accumulation by emerging markets, in particular Asian countries, has also contributed significantly to global capital flows.
And, as these huge positions built up, few considered the risk of fall out and Alan Greenspan's counsel against "irrational exuberance" appears to be advice to an earlier generation.
Turning to the specific events playing out in the US the anatomy of the credit crunch can be explained in the following way.
Between 2001 and 2006, the US housing boom encouraged excessive risk-taking by lenders, who sharply expanded loans to marginal borrowers. Financial innovations such as automated underwriting2 and securitisation were key components in lowering the costs of sub-prime lending. These financial innovations combined with historically low interest rates fuelled US house purchases, reaching even those who previously could not afford property. During the peak of the market six months ago, sub-prime loans accounted for more than 13 per cent of the total US mortgage stock.
The rapid rise in mortgage defaults initially affected specialist mortgage lenders in the US.
2 Automated underwriting (using computer models rather than loan officer judgment) has made loan origination more cost efficient, while advances in statistical credit scoring have led to more accurate and consistent assessments of borrower credit risk.
3 V. Luvhengo and G. Marincowitz Global Financial Market Crisis, National Treasury, August 2007.
declared losses from holding sub-prime mortgages outright or interest in securitization transactions they arranged.
Further liabilities held by a range of pension and hedge funds and foreign banks also went into default, spreading the losses to foreign markets. Indeed, the current crisis was sparked by the need for liquidity by a French bank.
The financial innovations that fuelled the sub-prime mortgage market in the first place, also contributed to the swift transfer of the costs associated with default to investor institutions around the world.
As broad portions of the credit market became subject to extreme risk aversion and low levels of liquidity, it became necessary for central banks in the US, Europe and other developed markets to inject liquidity into the overnight money markets. During three high-pressure weeks in August, over US$400 billion was provided to the markets by central banks in the USA, Europe, Japan and Australia.
These actions by central banks have been crucial to maintain confidence in the banking system and to reduce the potential impact on the real economy. Apart from providing additional liquidity to money markets, central banks in Europe and Japan have also held off on monetary tightening despite earlier intentions to hike interest rates.
However, the response of central banks to the current market crisis has raised the issue of moral hazard in financial markets. While there appears to have been a mispricing of risk in credit markets for some time prior to the current troubles, there is an expectation that central banks will step in to ease potential losses on bad investments. Has the response of monetary authorities papered over the cracks in the financial sector Chairman Bernanke has emphasised that it is not the responsibility of the Federal Reserve to protect lenders and investors from the consequences of their financial decisions, but central banks also have a responsibility to respond to potential spillover effects of financial market troubles to the broader economy. A huge debate has been unleashed amongst economists - some, such as Martin Wolf, the respected Financial Times columnist argued strongly that "Central Banks should not rescue fools" - the fools being those financial institutions who engaged in dodgy practices; others like Nouriel Roubini argue that we should work past the institutions and bail out the individual homeowners. I would hazard that the debate on moral hazard will rage for some time yet?
Investors have also lost confidence in traditional methods of assessing risk and the lack of accurate information. Ratings agencies in particular have come under fire for inadequate disclosure of information and understating the riskiness of subprime mortgage paper and collateralised debt obligations (CDOs), making potential buyers suspicious of structured products. The distrust of credit ratings today has parallels with the situation at the time of the corporate accounting scandals in 2002, when investors felt that they could not trust corporate financial reports. As we know, that crisis eventually led to a comprehensive overhaul of corporate governance rules and accounting standards.
This has raised questions about the quality of oversight and regulation in the US banking system and hedge fund industry. It is clear that many investors had insufficient information to understand the underlying risks associated with complex structured products being sold by banks and this ultimately contributed to a mispricing of risk in credit markets.
Warren Buffet, when talking about similarly complex financial instruments said the following, "Derivatives are financial weapons of mass destruction, carrying dangers that, while now latent, are potentially lethal, posing risks for the entire economic system." 4 We live in a world where we've been led to believe that markets are always right, that financial analysts know better and that risk is transferred to those who can manage it best. The truth is often far from this.
What is the implication of all of this for the world economy and South Africa The past four years has seen a period of unprecedented growth in the global economy supported by low real interest rates and optimism in financial markets. Between 2003 and 2006 world GDP growth expanded at an average pace of 5,0 per cent after only 3,5 per cent in the previous four years. The outstanding feature of this performance is that growth has been broad based across developed and emerging economies?
4 An excerpt from the Berkshire Hathaway annual report 2002.
economies. Although global imbalances have persisted, the current dislocation in financial markets could hold the key to future rebalancing via slower growth in US consumption, a weaker dollar and reduced capital flows to emerging markets.
The global economy has displayed increased flexibility to shocks of the size witnessed in recent weeks. Improved macroeconomic policies in a broad spectrum of emerging market economies have played a key role in minimizing damage so far. Although the spillover effects to the global economy from tightening financial conditions are still being assessed, countries with solid macroeconomic fundamentals are better placed to weather the market storm than others. In particularly, those with high foreign exchange reserves and current account surpluses, as well as those with flexible exchange rate regimes, inflation targeting and responsible fiscal management are likely to perform better.
South Africa has done well so far, and should continue to do so unless there is a significant slowdown in global growth that leads to a rapid fall in commodity prices. Such developments would be of concern given that we are currently running a current account deficit in the order of 6,2 per cent of GDP. However, the macro underpinnings of the South African economy remain sound with growth remaining broad-based and investment rising.
South Africa also has embedded in its immune system, lessons from previous crises, notably fallout from the 1998 Asian crisis and the collapse of the rand in 2001.
Local banks have also indicated that they have little or no exposure to the cause of the trouble - sub-prime lending or to hedge funds with sub-prime assets. Furthermore, the banking system is well regulated with constant supervision and adequately capitalised.
Fiscal and monetary policies are also flexible enough to address negative economic shocks should they occur. Prudent budgetary decisions have created fiscal space and resources for countering negative shocks. On the monetary side, the inflation targeting framework provides the scope for the Reserve Bank to assess the sources of inflationary pressures and the floating exchange rate creates a cushion for the real economy when rand assets are sold by non-residents. In addition, the accumulation of foreign exchange reserves significantly reduces our external vulnerability.
In conclusion, ladies and gentlemen, the correction in asset prices that we are seeing presents both threats and opportunities to investors around the globe and raises important questions for policy makers regarding the adequacy of oversight and regulation in the banking sector and global hedge fund industry.
The combination of financial innovation and excess global liquidity over the past few years has resulted in an ever more complex array of structured credit products being made available to consumers and investors, but there appears to have been inadequate disclosure by banks and ratings agencies regarding the underlying risk to these investments.
For South Africa, we remain confident that our monetary and fiscal frameworks provide sufficient and needed flexibility to maintain a healthy pace of economic growth despite the financial turmoil. Should world growth slow, South Africa will of course not be immune, but as global current account imbalances unwind, the sources of world growth will continue to slowly change.
Our policy approach continues to focus on building up our cushion both so that we can benefit from globalization and more importantly, so that we can protect our people and our markets from turmoil in the global financial markets. South Africa is well placed to weather this storm.
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Let me thank the Speaker, Honourable Mchunu, for the opportunity he has afforded me to address the formal sitting of this house on the Provincial Budgets and Expenditure Review. Our intergovernmental system calls for an interaction between the three spheres of government. This initiative by the government and legislature of the Province of Kwazulu-Natal is a pioneering step towards a much deeper level of co-operative governance. We welcome this and certainly we will learn from it.
In this year's Budget Speech in February we conveyed a strong message that said "human life has equal worth and human beings are equally entitled to political, economic and social rights which allow them to choose a life they have reason to live." This is an argument that is premised on the fact that it is obligatory for a developmental state to intervene to remove the long shadow that history casts over the lives and opportunities for the majority of our people.
Our Constitution provides a very good basis for us to respond to the challenge to achieve the social cohesion and human solidarity we aspire to. We should be mindful that we as a society do not live in the shadow of history that dominates over the opportunities of an open society. The past four years have seen acceleration in the progressive realisation of social and economic rights that are enshrined in the constitution. The best measure of whether we are a caring democracy is in Provincial spending. The Constitution gives provinces the responsibility to fund and deliver social services. The bulk of our explicit pro-poor policies are provincial competences.
Mister Speaker, Honourable Members, you will all be aware that KwaZulu-Natal is the most populous of our nine provinces. About 9,9 million South Africans, some 20,9 per cent of the country's population resides in this province. Accordingly, this province accounts for 20,7 per cent of combined total provincial expenditure.
The Review we are debating today provides Members of this legislature with a barometer on progress made and whether government is providing education, health services, access to adequate housing, social services in order to deliver a better life to its people. The Review allows Members and citizens to evaluate what gains have been made over the last four years. It allows Members to assess how the Executive has performed against the targets it set itself. For example Members can check whether departments have met the targets they set in their Annual Performance Plans for the last four years. It enables legislators to determine whether money has been spent on what it was appropriated for. It is in this house where the tough questions should be coming from when Members detect failure to deliver. We have to be accountable for the executive decisions we make and the implementation thereof.
This document enables a particular province to benchmark itself against the other eight provinces across a range of public services covered in the sector chapters. As a country we are also able to compare ourselves against countries at similar stages of development and income levels. The fact that South Africa spends a much larger proportion of its budget on education than many middle income countries such as India, Chile and Turkey is commendable and testimony to our commitment to deliver to the poor. The question we must pose is whether we are getting value for money. And while we spend more on education than most countries with similar sizes in GDP we get relatively lower outputs and outcomes than those other countries. It suggests that we might be able to improve outputs and outcomes by simply improving the efficiency and the effectiveness of our education system. The challenge to all of us, not just in the education sector is how to achieve the efficiency and qualitative improvements that are required.
This document represents a very unique link between the policies we adopted and the budgets allocated, on the one hand, and expenditure and outputs or the value for money, on the other. We can use this Review to evaluate whether our policies are delivering the intended outcomes. This is what will strengthen accountability and enhance democracy. We should, however, draw to the attention of this House that the Review reflects a wealth of financial information and unevenness in respect of non-financial information, both within and between different social services. We need to be able to answer all of the following questions about public finance - was the allocation of financial resources adequate Was it spent by the department as promised What did the money buy, beyond the concurrent expenditures on the salaries of public servants What is the measure of the consequent improvements in the lives of our people?
There have been positive changes in this province. KwaZulu-Natal has the largest education budget compared to all nine provinces. The Education spend in Kwazulu-Natal is R18, 6 billion, thereby outstripping the other eight provinces in rand value of education spend. This province spent over R56 billion on school education between 2003/04 and 2006/07. Over this period 4 055 classrooms were built, providing an environment that is conducive to effective learning and teaching. The number of learners at primary and secondary schools has increased by 64 226 as a result of re-demarcation.
KwaZulu-Natal is also making inroads in addressing the challenge of illiteracy and early childhood development. Expenditure on Adult Basic Education increased from R39,6 million in 2003/04 to R72,6 million in 2006/07, while expenditure on Early Childhood Development rose from R22,6 million to R97,7 million over the same period. These are investments in the county's most prized asset, its people.
This province has designated 3 341 schools as "no-fee" schools. These schools have enrolled almost 1.2 million learners in this year alone. The challenge we face with the "no-fee" schools is ensuring that the quality of education is as good as schools where fees are paid. We must ensure that the governance structures of the no-fee schools are in place and strong enough to hold teachers accountable and to ensure that our children receive the best education our system has to offer. We must make sure that those learners living in the poorest communities have at least an equal chance of making it through our education system. This can only be attained by improving on the quality of the oversight - this is distinctly not a task for the education department through its district offices alone, nor can it ever be a task for the education department and Members of the Select Committee alone - each one of us, deployed into communities through the system of constituency offices should be called upon to account for the quality of this public service. Oversight may appear cumbersome, but it is the only guarantee we have of removing the long shadow of disadvantage cast by history.
Let me turn to the second largest item of expenditure on the province's budget which is health. There have been a number of notable interventions at a national level with the aim of improving access to health services which have yielded positive results in all provinces. Spending on health remains strong and by 2009/10 government will spend R500 per uninsured family per month. Government's efforts to increase the number of professionals in the health sector are beginning to yield results in the province. Kwazulu-Natal has been able to take advantage of our intervention in respect of rural and scarce skills allowances.
The health budget of KwaZulu-Natal has been growing at an average annual rate of 8,4 per cent above inflation from 2003/04 to 2006/07. As this review shows, primary health care visits now average 2,2 utilisation per person per year. This is lower than the Western Cape's utilisation rate of 3,7.
Honourable members, this province has set the trend in terms of partnering with the private sector to delivery more and better quality services to the people, and at a faster pace. The Inkosi Albert Luthuli Hospital has been recognised as a good example of a PPP arrangement where the state and private sector work together to provide quality services our people deserve. There are policy processes underway to extend this example to other provinces.
While the Review shows that the burden of disease has risen for a variety of reasons, it also confirms that the health sector is better prepared to respond to these challenges. The uptake of the ARV treatment progamme nationally now has about 264 000 people on it, up from 143 000 a year ago. There are 28 per cent or 74 000 people who are currently on treatment in this province.
The Zibambele programme is a model EPWP-type programme and has been used as an example to other provinces. Of the R2 billion spent nationally on the programme in 2006, R707,8 million was spent in Kwazulu-Natal. This provided employment opportunities and income for 35 717 men and women, the highest by far compared to other provinces. The province needs to be commended for this sterling effort in targeting the unskilled and unemployed in providing work opportunities. The challenge is to continuously lift the quality of the outputs - achieving this has far less to do with the people who work in this programme, it will only be attained if the supply and measurement systems, which are functions of the quality of departmental organisation can be significantly improved. But, there is also the challenge of defining expanded public works beyond the norms of road maintenance - we have to remind ourselves that the origins of President Rooseveldt's New deal in the USA was a focus on large-scale infrastructure progammes and even here in South Africa, some of the large dams, such as the Hartbeestpoort Dam, just outside of Tshwane, were built by expanded public works. In the case of the latter, it was an attempt to provide income to poor whites after World War 2. Poverty remains a challenge to us, and the limits to transformation are only in our imagination.
I need not remind Honourable Members about the opportunities that the shifting of the social security grant administration presents this province. The Statistics South Africa data for 2005 indicate that the greatest number of children could be found in KwaZulu-Natal and totals over 3,8 million children or 21,2 per cent of total population. More than 1,7 million children aged between 0-13 receive Child Support Grants. Child-headed households continue to be a concern and have increased from 11 044 in 2004 to 15 152 in 2005.
During the 2005/06 financial year Government subsidised 51 children's homes in this province which are run by private welfare organisations. Of these homes, 13 are situated in rural areas and 38 in urban areas. Government also manages a children's home which accommodates about 85 children of all ages.
The primary aim of homes for children in especially difficult circumstances is to provide services to children who happen to end up in the streets and to promote their reintegration into the community. Some of these homes also provide a place of safety for children awaiting placement in alternative care.
The province is experiencing an increase in the number of children with substance abuse problems. A new treatment centre opened in Newcastle in January 2006 and is serving the surrounding areas. This is a four week residential programme for boys under 18. Expenditure for the subprogramme: Substance Abuse, Prevention and Rehabilitation increased from R13,8 million in 2003/04 to R17,3 million in 2006/07. This is a great initiative, but is so obviously inadequate to deal with the growing demand for treatment.
From the young to the old. Approximately 19 per cent of the elderly in the country reside in KwaZulu-Natal. Counselling services for the elderly totalled 30 985 or 42,3 per cent of the total clients counselled in the country in 2006. This by far outnumbers the rest of the provinces.
Expenditure on the care and services to older persons increased from R54,8 million in 2003/04 to R69,9 million in 2006/07. The budget for this programme is projected to grow by R8 million over the MTEF to R77,9 million in 2009/10. Yet, in relative terms, the number of facilities for care of the aged is miniscule when compared with Provinces like Gauteng and the Western Cape. The measure of the quality of our democracy is care, and we should not be found wanting in respect to the most vulnerable of our citizens. The provision of social development services needs a radical overhaul - not by way of copying the most expensive systems from the world's wealthiest countries, but rather by developing a distinctly African approach to caring that expresses unequivocally that "human life has equal worth".
Mister Speaker , and Honourable Members, as we reflect on the successes we have achieved over the last four years we should not be complacent. Those of us who are elected political office-bearers need to remind ourselves that we have made a commitment to serve the people of this country and our constitution. This task will always be difficult in a developing country, especially one where the needs are as great as in our country.
The efficacy of any democracy depends on the degree to which elected representatives are accountable to the electorate for the decisions they make. This must happen here, in this legislature and our Parliament. The central tenet of the omnibus of public sector reforms that we are implementing requires us to be accountable. It should not be taboo for a Legislator to challenge or question a member of the executive from his or her party for failing to deliver on the policies adopted and the promises made. It can only strengthen our democracy. It is only when we are able to engage in constructive and honest debate that we can rise to the collective responsibility that our people have entrusted us with: to deliver a better life for all. This is what democracy is about. This is what our people expect of us, and we cannot fail them.
In the same vein civil servants who fail to meet the commitments they make in their performance contracts, especially those who mismanage funds resulting in departments getting disclaimers year after year do not belong in our public service. We must commend the Executive in this province under the leadership of the Premier, Honourable Ndebele, for the decisive steps it has taken in dealing with transgressions of the PFMA by certain government officials. We applaud this.
In conclusion I invite members of this House to join hands and work with us in improving our reporting and in making use of the information we are making available in the budget documents and reports to ensure that together we can continually assess whether we are delivering on the promises we made to our people when they gave us the mandate to govern them for another five years. This Review is a step in that direction.
I wish to thank you all, Ngiyabonga kakhulu!
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The National Treasury hereby announces a new Inflation Linked Bond (ILB), the R210 maturing on 31 March 2028 to be auctioned on Friday, 21 September 2007. The auction will be conducted on a single price basis where the coupon of the R210 will be set based on the total bids received. Since the R210 is a long dated instrument, the coupon will be set at 25 basis points below the weighted average yield resulting from the bids received at the auction.
This is in line with the announcement in the 2007 Budget Review to maintain the real yield curve so as to enhance the diversity of maturities in the government's ILB portfolio as well as the Department's objective to develop a full ILB yield curve.
The National Treasury reserves the right to under-allot or not to allot at all during the auction. Terms and conditions of the R210 are available on www.treasury.gov.
For media enquiries please contact Thoraya Pandy on 0824168416.
<fn>GOV-ZA.2007091801En.2012-02-10.en.txt</fn>
I am grateful to the Speaker, Honourable Byneveldt, and the Rules Committee for the opportunity to address this house on the Provincial Budgets and Expenditure Review. The historic step of allowing a member of the Executive in another sphere of government to address you bodes exceedingly well for the spirit of co-operative governance. This is surely good for our democracy.
The Review we are debating today expresses in very simple terms the relationship between the policies that were pronounced in the last four years; the resources that were allocated to implement them; the expenditures thus incurred and the services that the money bought. It also reflects on the impact that the services have had on the quality of life of our people. The timing of this debate, Mr Speaker, could not be more propitious for, in the next fortnight, every department is required by the PFMA to table before this House its Annual Report for 2006/7. These annual reports add significantly more information about the outcomes against commitments made. The information will indicate whether we are fulfilling our contract with the people in providing public services of the highest quality to all citizens, with an unashamed bias towards the poorest amongst us.
It is the role of developmental states to unequivocally intervene on behalf of the poor and to amongst others, provide access to equal opportunities in all areas in society. The Review we place before you today is a barometer by which all of us should evaluate the progress we are making towards progressively realising the social and economic rights enshrined in the constitution.
the best source of information available is the amount of finance allocated to the provision of particular public services each year for a period of seven years. This allows the reader to measure the relationship between the broad stated policies of government and the allocations made towards the implementation thereof. It does not yet provide all the answers about what the impact of these allocations is on the broader endeavour to progressively improve on the quality of life of our people. The Review raises a series of questions that are fundamental to oversight including: 1 Are our budgets and policy priorities sufficiently aligned 2 Have departments been spending the money on what it was intended for 3 What impact has the expenditure had on the intended beneficiaries 4 Are we getting value for money or is our spending efficient 5 What kinds of interventions are needed to ensure that we can better our past performance?
These are some of the questions that this Review allows Members to debate more vigorously. We must ask these questions, for if we don't we shall be failing our democracy and our people.
When honourable members drill through the reams of data available in the Review they will see that Western Cape has made good progress in addressing the needs of our people who live in the province. There are many goods things to be proud of here across all sectors.
The province has the highest number of visits per person, at 3, 9 visits per person in 2005/06.
The TB cure rate is highest: equal to 69 per cent.
The province also has the highest ratio of doctors per 1000 uninsured persons (at 0,67 in 2005/06 compared to a national average of 0,32) This is a reflection of the wise choices that the successive governments have made over the years. Yet, we will all share the concern about the appropriate balance between the extension of primary health services and the ability to maintain high-end tertiary public health facilities. Governance is about choices and the objective of oversight is to honestly evaluate the choices made. The decisions we make today will impact on the lives of our people for years to come.
The Western Cape Province has been able to maintain good services amidst sizable inward migration from neighbouring provinces such as Eastern Cape. The net inward migration in population into this province in 2006 totaled 244 416 people with an additional 193 524 people projected to enter the province from 2006-2011. This places a greater burden on social services thus requiring approaches to funding that respond to this challenge.
The Review we are debating today enables Western Cape to benchmark itself against the other eight provinces across a range of public services covered in the sector chapters.
As a country we are also able to compare ourselves against countries at similar stages of development and income levels. The fact that South Africa spends a much larger proportion of its budget on education than many middle income countries such as India, Chile and Turkey is commendable and testimony to our commitment to deliver to the poor.
The question we have to pose is whether we are getting value for money. And while we spend more on education than most countries with similar sizes in GDP we attain lower outputs and outcomes than those other countries. It suggests that we might be able to improve outputs and outcomes by simply improving the efficiency and the effectiveness of our education system. The challenge to all of us, not just in the education sector though, is how to achieve the efficiency and qualitative improvements that are required.
As we indicated earlier, the most extensive information in this volume is of a financial nature, largely because the PFMA compels such reporting. We should, however, draw to the attention of this House that the Review is limited by the unevenness in respect of non-financial information, both within and between different social services. I offer to this august house the challenge of improving on the quality, quantity and timeliness of non-financial information. An examination for example, of the Health Chapter tell us much about the spending levels, the use of the health system quantitatively, the number of health professionals employed and the number of facilities available. It sadly does not tell us much about the disease profile, the content of the service provided or even the imputed cost of the visit. Part of the difficulty is that health workers who may be exceedingly overstretched tend to find the provision of such information bureaucratic and burdensome. In the consequence, we do not know sufficient about what the money buys. There is absolutely no reason why this province should not provide leadership on this issue - it would both improve on the quality of oversight and give us a better measure of the reach of democracy.
There have been positive changes in this province. The Western Cape has an education budget of R7,7 billion in 2007/08 and will grow to R9,3 billion in 2009/10. This province spent over R24,4 billion on school education between 2003/04 and 2006/07. Over this period 1 677 classrooms were built and 41 new schools completed, providing an environment that is conducive to effective learning and teaching. The number of learners at primary and secondary schools has increased by 62 442 since 2000.
Enrollment figures for 1999-2000 show that only 50 per cent of learners that enrolled in grade 1 reached Grade 12. This is indicative of a high school dropout rate. The province needs to try and understand the factors that underlie this pattern.
With a matric pass rate of 83,7 per cent last year, Western Cape continues to have the highest pass rate across all the nine provinces, but as a country we should all be worried that a proportion of learners who pass matric has been on a decline. In a study undertaken by Professor Charles Simkins the distribution of senior certificate mathematics demonstrates that the divisions of race and class in 2004 were as strong as those inherited in 1994. The study of more than 6 000 schools shows that 79 per cent of the country's high schools fall into the poorly performing category, producing only 15 per cent of all HG passes in mathematics. The overwhelming majority of children attending these schools are poor and African. We need to look beyond matric pass rates to get a sense of the quality of education. The results from the Trends in International Mathematics and Science Study (TIMSS) are exceedingly worrying because they seem to suggest that all of the history of disadvantage is being carried into the future. If education cannot break the inter-generational cycle of poverty and disadvantage, then nothing else will. The quality of outcomes at every level has to improve - yet, of the budget of R7.7 billion, R5,9 billion is committed to educators salaries. How do we drive change?
Relative to other provinces the Western Cape has the smallest number of schools that fall into the category of the poorest forty percent of learners (the so-called quintiles 1 and 2).
(i.e. quintile 3). A total of 407 schools have been declared as no-fee schools with a targeted allocation of R738 per leaner. The number of learners benefiting from the no-fee schools is 132 560 or 14 per cent of the learner population.
The challenge we face with the "no-fee" schools is ensuring that the quality of education is at least as good as schools where fees are paid. We must ensure that the governance structures of the no-fee schools are in place and strong enough to hold teachers accountable and to ensure that our children receive the best education our system has to offer. We must make sure that those learners living in the poorest communities have at least an equal chance of making it through our education system. This can only be attained by improving on the quality of the oversight - this is distinctly not a task for the education department through its district offices alone, nor can it ever be a task for the education department and Members of the Standing Committee alone - each one of us, deployed into communities through the system of constituency offices should be called upon to account for the quality of this public service. Oversight may appear cumbersome, but it is the only guarantee we have of removing the long shadow of disadvantage cast by history.
Yet, the affordability of education is just one of the number of challenges that confronts us in education in this province. Or, even more pertinently in this Province, a discussion on the outcomes of education will be quite incomplete in the absence of dealing with the need to create an adequate environment for learning and teaching in "high risk areas" where the prevalence of drugs and gangsterism in schools presents a huge impediment. This problem will not disappear of itself, it calls for commitment and effort from all legislators, parents and public servants working in close collaboration. The challenge of access to education, in the context of developing and maintaining a culture of learning and teaching, is something we must invite this legislature to debate.
Let me turn to the second largest item of expenditure on the province's budget which is health. There have been a number of notable interventions at a national level with the aim of improving access to health services which have yielded positive results in all provinces. Spending on health remains strong and by 2009/10 government will spend R500 per uninsured family per month. Government's efforts to increase the number of professionals in the health sector are beginning to yield results in the province. Western Cape has been able to take advantage of our intervention in respect of rural and scarce skills allowances.
The health budget of Western Cape has been growing at an average annual rate of 7,4 per cent above inflation from 2003/04 to 2006/07 which is from R4,5 billion to R6,4 billion. In the context of concerns about hospital budgets, it is worth noting that health spending per capita in the Western Cape is 30 per cent higher than the national average. As this review shows, primary health care visits now average 3, 7 utilisation per person per year. This is the highest utilisation rate in the country.
In 2002, tuberculosis was the leading cause of death in both South Africa and Western Cape. The second-highest cause of death in Western Cape was ischemic disease.
While the Review shows that the burden of disease has risen for a variety of reasons, it also confirms that the health sector is better prepared to respond to these challenges. The uptake of the ARV treatment programme nationally now has about 264 000 people on it, up from 143 000 a year ago. There are 26 097 people or 10 per cent of the total in the country who are currently on treatment in this province.
Yet, we should be conscious that even as we speak there is litigation underway on the very topic of the health budget. Whilst I am sure that this sensitive matter has been frequently debated in this chamber, I have nonetheless to ask that additional attention is paid to the communication of your decisions. I would also welcome debate on the longer term challenge of building, equipping, staffing and effectively organising our health services. The public commentary focuses to often on this year's allocations and short term adjustments that can only properly be understood as part of a longer term strategy. Modern, effective health services, accessible to all our people, require careful, considered plans and implementation of reforms progressively year by year.
We recognise that the Western Cape's academic hospitals are both regional health service assets and national centres of excellence. Indeed, you have trusteeship in this House for a network of health facilities that enjoys international renown not just for excellence in medical teaching and research, but also for innovative community health programmes addressed at difficult and sometimes desperate local conditions. The national budget includes substantial grants to support central hospitals and professional health training. The hospital revitalisation grant also grows strongly over the period ahead. We need to appreciate, however, that the public sector cannot carry the entire burden of meeting health service needs. Particularly in this province, which has a high proportion of insured patients, we need to find better ways of combining public and private sources of finance in the development and improvement of our major hospitals.
With the growth in substance abuse and gangsterism the social development sector in Western Cape faces unique challenges. This province currently spends about R1 billion a year on crime and safety functions (National, Provincial and Local government combined). Despite these significant resources and investment, criminality and violence remain a major challenge afflicting communities. We need to deal with this scourge and save our children.
The Western Cape Substance Abuse Provincial Forum was launched in February 2005. There was also a summit held on 10 - 11 March 2007 on the National Drug Master Plan across the three spheres of government. The Provincial Integrated Strategy on Substance Abuse will be finalised this month.
The Western Cape has 132 homes for the Aged all of which are managed by NPO's. The per capita distribution of these old age homes is 1 for every 2 514 of the aged. This is the most favourable per capita distribution in the country. Counselling services for the elderly totalled 6 950 or 9,5 per cent of the total clients counselled in the country in 2006.
Expenditure on the care and services to older persons decreased from R96,6 million in 2003/04 to R96 million in 2006/07. The budget for this programme is projected to grow significantly by R36 million over the MTEF to R132 million in 2009/10. The measure of the quality of our democracy is care, and we should not be found wanting in respect to the most vulnerable of our citizens. The provision of social development services needs a radical overhaul - not by way of copying the most expensive systems from the world's wealthiest countries, but rather by developing a distinctly African approach to caring that expresses unequivocally that "human life has equal worth".
Agriculture and Roads & Transport. Here the picture is more mixed and understandably, this situation obtains for a variety of different reasons. One aspect not covered by the Review but which merits additional attention is the inter-governmental delivery of particular services. We have experienced instances where there is a misalignment between policy and spending plans on concurrent functions. We have also witnessed cases where there have been delays as a result of decisions which are dependent on local government, for example, land release. It is for this reason that the Intergovernmental Relations Act, on the one hand, and the local government capacity building initiatives, on the other, are so vitally important to the success of provincial outcomes.
Mister Speaker, and Honourable Members, as we reflect on the successes we have achieved over the last four years we should not be complacent. Those of us who are elected political office-bearers need to remind ourselves that the contract we entered into is a commitment to serve the people of this country and our constitution. We have to organise the provision of public services to intercede in the interests of all citizens, with an unashamed bias towards the poorest amongst us. This task will always be difficult in a developing country, especially one where the needs are as great as in our country.
The efficacy of any democracy depends on the degree to which elected representatives are accountable to the electorate for the decisions they make. This must happen here, in this legislature and our Parliament. The central tenet of the omnibus of public sector reforms that we are implementing requires us to be accountable. It is only when we are able to engage in constructive and honest debate that we can rise to the collective responsibility that our people have entrusted us with: to deliver a better life for all. This is what our people expect of us, and we cannot fail them.
In conclusion I invite members of this House to join hands and work with us in improving our reporting and in making use of the information we are making available in the budget documents and reports to ensure that together we can continually assess whether we are delivering on the promises we made to our people when they gave us the mandate to govern them for another five years. This Review is a step in that direction. We shall not rest.
I wish to thank you all, Ndiyabulela!
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Vice Chancellor of the University of Namibia, Prof.
Economic integration - the idea that prosperity rests in part on institutions and markets that are shared across national borders - is far more than a technical economic construct. It is not just about the industrial and trade ties that bind us together. It goes to the heart of what it means to be human, what it means to confront loneliness and despair, what it means to build a future that is better than the past.
"The most authentic thing about us is our capacity to create, to overcome, to endure, to transform, to love and to be greater than our suffering."
We turn to our authentic capacity to create, to endure, to be greater than our suffering - we turn to our authenticity as a source of inspiration in overcoming our domestic and regional challenges, and the added complexities brought on by globalisation.
And if there's any doubt about the impact of global events on national and regional agendas, then we only need to refer to the numbers.
World trade in 2006 totalled US$12,7 trillion, of which Africa's portion was just over US$300 billion, or 2.3 percent. And although Namibia's trade with the world is somewhere around 0.02 percent of total global trade, the goods and services that this country exports represent about 54.5 percent of its Gross Domestic Product. But this phenomenon is not restricted to those activities that take the produce of two million Namibians to the markets of the world. Globalisation also permeates our domestic policies on environmental matters, land reform, human rights, energy, and finance. Many of the procedures that we now follow to open a bank account came about as a result of 9/11, an event that took place on the other side of the Atlantic Ocean.
As individual countries we need the world more than the world needs us. The realisation of this forces us into regional economic communities and agreements and all types of international arrangements. SACU, SADC and COMESA are the products of this realisation. So too is the World Trade Organisation and others.
Globalisation is a feature of life. The Former United Nations Secretary General, Mr Kofi Annan said,," Arguing against globalisation is like arguing against the laws of gravity." But, in recognising this, we should also be mindful of the fact that there is nothing self-evident about its outcomes which guarantees an improved quality of life for the people of the poorest countries and regions. Indeed, global links heighten the risks and vulnerability associated with poor policies or strategic mistakes. It is up to us to develop a response that addresses our needs and interests, as individual countries, as a region, and as Africans. We have to be able to connect the dots between our domestic agendas, the regional integration programme and events unfolding in China, Europe, the Americas and India. In the same way that we are required to forge the linkages between the upswing in commodity prices and our policy choices and the way we govern our countries. It is then that we start to recognise that a compelling opportunity exist - now - to turn the tide on poverty and all manner of human suffering.
How well we draw together our policy choices, the resources at our disposal, and the form of our neighbourliness, will draw heavily on our capacity to create, to transform, and to be greater than our suffering.
We have a real chance to make a difference - this is not only due to the upswing in commodity prices, or because of better policy choices and improved governance, or because we recognise that greater integration of our economies hold long-term benefit. Sustainable outcomes that lead to the future we desire is dependent on all of the above, and many more.
Let me share some thoughts on the upswing in commodity prices. Why Because primary commodities make up the largest part of the basket of African exports. So, how we respond during the boom phase does have a regional impact?
If we respect the truth, then we need to admit that commodity boom phases have not been managed well in the past, and we are at risk of making the same mistakes again. The suggestion that commodity price upswings might be a curse and not a blessing is an uncomfortable reminder of our responsibility, now, to act wisely and prudently in the interests of future growth and not just present consumption.
The current commodity super-cycle and boom phase has lasted for some seven years, and we cannot predict when the trend will be reversed. An understanding of the drivers behind the upswing - Chinese demand, platinum and the autocatalytic industry, the concordance between gold and oil, the bond between diamonds and vanity, and high emerging market demand - suggest that the good times are here to stay in the short-to-medium term. But, to assume that current prices and the current boom phase reflects a permanent shift, rather than a temporary opportunity, would be a naive and risky approach to adopt. And if our analysis is correct, then the slump will come and it will bring with it a significant decline in commodity prices. This could potentially spell disaster for many developing countries, if our choices ignore the authentic thing about us - (that is) our capacity to create, to transform and to be greater (than those that caused our suffering).
Africans have been confronted with choices and challenges before. Globalisation has been around for a very long time - Jim Wolfensohn, former President of The World Bank said, "Globalisation in the sense of the world becoming smaller has been going on, since Adam and Eve." And so, too, there is a long history of African responses to external opportunities.
It is now a matter of historical fact that between 1200 AD and 1300 AD, the region known as Mapungubwe, at the meeting of the Shasha and Limpopo Rivers and where the international borders of Botswana, Zimbabwe and South Africa meet, the ancestors of the Shona people of Zimbabwe were prosperous.
They created objects of iron, copper and gold for practical and decorative purpose for local use and trade with East Africa, Persia, Egypt, India and China.
Economic systems and trade which bring prosperity to Africa's people are not new or foreign concepts.
But prosperity does not follow automatically from opportunity. Policy choices and good governance matter. They matter because the political stability and economic wellbeing of Southern African states are tied together. They were bound together in pre-colonial times, and they will remain linked in diverse ways long after all of us here retire and are gone. But the institutions we construct today, and the investment choices we make, will outlive us; future generations will build on these foundations, they may have to correct our mistakes, they will no doubt create things beyond our present imagining, but we need to have the courage and the vision to break the barriers that hold back progress today.
Modern day Mapungubwes take the form of free-trade areas and customs unions. In the case of the latter, our two countries, along with Botswana, Lesotho and Swaziland, belong to one of the oldest customs union in the world. Of course the countries of SACU differ considerably and the linkages between them are complex. Herein is contained our regional challenge, but also an opportunity to use our capacity to create, to overcome.
Professor Paul Collier, director of the Centre for the Study of African Economies, offers a simple classification matrix that assists in thinking about how countries are economically linked with each other. He points out that transport and trade connections matter - landlocked countries have different opportunities from those that have sea-trade links with the rest of the world. Having mineral or other natural resources makes a difference. Governance and institutional arrangements are also important. He gives the example of Switzerland: "a landlocked resource-scarce country - has been able to develop because Germany, France and Italy are not in the way of Switzerland's market, they are Switzerland's market". He goes on to state that "globally, landlocked economies indeed structure their economies so as to make the most of their neighbours' growth. If neighbours grow at an extra one percentage point, the typical costal economy gains a 0.4 percent spill-over, whereas the typical landlocked economy gains a 0.7 percent spill-over".
Lesotho and Swaziland are landlocked and resource-poor, and their economic linkages with South Africa from Botswana's or Namibia's.
For the record - Namibia is coastal, has abundant resources and has a wellestablished democratic government. Blessings on all three fronts, but of course they are accompanied by their risks and complications. You also have resource rich neighbours to the north and east, more or less well-governed, and Botswana is landlocked and resource-rich. What does this mean It is simply the startingpoint for considering regional opportunities and economic linkages, in all their complexity and manifold permutations, the beginning of a discourse on what it might mean to build a better, shared, future. And beyond the discourse, there is hard work to do in negotiating agreements, building institutions, constructing infrastructure and supporting investment and trade?
When we negotiated the current SACU agreement, two issues featured prominently. The first was to bring about a more equitable distribution of customs revenue collected by the common revenue pool, and secondly, to design a redistributive and developmental component in the formula. And it was this developmental component that was intended to facilitate trade between our countries - to ensure that we build the roads and modernise the ports, put inplace one stop border posts, and develop common systems and procedures. Unfortunately, we have not made much progress in this regard, and the revenuesharing formula needs to be reviewed again.
But I am convinced that the finance and trade ministers of Botswana, Lesotho, Namibia, South Africa and Swaziland all agree that steps need to be taken to transform SACU and build on its successes as we transition to a broader integration agenda under the umbrella of SADC.
Let me conclude with a few remarks on the investment and policy challenges we face - the basic building blocks of a developmental regional economic strategy.
We can borrow ideas, of course, from other contexts. The approach that underpinned the success of the European Union was the adoption of common institutions for governance, democratic principles, macroeconomic stabilisation and convergence policies, and legally enforceable competition policies. This approach has enabled the EU to project cohesion, unity in purpose and influence in international affairs. The success of this approach is founded in the arrangement that no single country was a dominant power with imposition of its preferences. No, deals have to be forged and the process of reaching consensus was often far more important than the final policy resolution or decision. Those processes take a lot of time, a lot of paper, a lot of language, and the eventual consensus frequently relies on layers of qualification and tortuous translations that keep bureaucrats over-employed and leave the rest of us somewhat bewildered.
So yes, we can borrow ideas, but we must also create something better tuned to our needs and circumstances.
Although SADC's Regional Indicative Strategic Development Plan draws from the lessons of regional economic communities around the world, it also presents us with a unique set of challenges. As its ultimate goal, the plan aims to deepen the integration agenda of SADC with a view to accelerating poverty eradication and the attainment of other economic and non-economic development goals. It also sets out the enablers that underpin the success of regional integration and development. In line with article five of the SADC Treaty, the indicative strategic plan acknowledges that economic growth and development will not be realised in conditions of political intolerance, the absence of the rule of law, corruption, civil strife and war. The plan recognises that poverty is likely to deepen under such conditions - conditions that nurture further political instability and conflict, creating a destructive repetitive cycle, which perpetuates under-development and extreme deprivation.
Good economic and corporate governance is therefore recognised by the RISDP as essential for the realisation of deeper integration and poverty eradication in the SADC region.
There are other basic, developmental, building blocks.
transport links, telecommunications, energy and water resource networks.
We need rapid growth in a common pool of technically skilled people - engineers, accountants, managers, agriculturists, metallurgists - and we need better institutions for translating technology and research into industrial and commercial opportunities.
We need a concerted focus on those industries and activities that can create jobs for more people - on farms, in taking advantage of mineral resources, but also in building better communities and social services.
We need to raise our shared environmental concerns to a higher level of political engagement and joint action. There are many components of this challenge - a common approach to restoring depleted coastal and offshore fish stocks, how we respond to climate change, better approaches to dealing with food security, what kinds of power generation technologies we adopt, managing trans-frontier parks and their role in tourism and conserving our natural heritage, amongst others.
In taking forward these issues, we need better analysis and a deeper understanding of the dynamics of social and economic development. For those of us whose work is political or administrative, perhaps we need to listen a little more to our scientists and engage more carefully with the business sector and international partners - while recognising that we have trusteeship responsibilities that stand above narrow commercial or other special interests.
We share the enormous privilege of building better regional institutions in a context of comparatively favorable international opportunities. Whether these opportunities turn out to be a blessing or a curse depends on us: what priorities we set, how we work together, how we manage our budgets and spending programmes, how we encourage investment and job creation.
It took the EU fifty years to achieve what they currently have. This is a luxury we do not have.
And so it is right that Ben Okri should remind us of our capacity to create, to overcome, to endure, to transform. And if it helps sometimes to think in terms of a competition between nations, even as we search for better ways of working together, the recent passion displayed by the Namibian rugby team in a titanic battle with the Irish is surely a sign that astonishing things can come from the south.
We can be greater than our suffering.
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The National Treasury determines the prevailing Interest Rates for the 2-year, 3year and 5-year RSA Fixed Rate Retail Bonds at the end of each month.
The prevailing interest rates of the RSA Retail Bonds are determined by interpolating the equivalent yields of the 2-year, 3-year and 5-year government bonds.
2-year Retail Bond: 9.50% 3-year Retail Bond: 9.75% 5-year Retail Bond: 10.
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South Africa, the current chair of G-20 will host a two-day Ministerial and Governors meeting at the Western Cape Hotel and Spa in Kleinmond in the Western Cape Province from November 17 2007. The South African chairmanship is under the capable leadership of Finance Minister Mr Trevor A Manuel, MP and Reserve Bank Governor Mr Tito Mboweni.
The G-20 is an informal forum which promotes an open dialogue between Finance Ministers and Central Bank Governors from significant industrial and emerging market economies. The forum represents around two-thirds of the world's population and 90 per cent of world gross domestic product. The G-20 helps to support growth and development by strengthening the international financial architecture.
On-line registration is now open and will close on November 2 2007. Click on www.g20.org to register. Please note that you will not be able to gain access to the G-20 precinct if you have not registered.
A live accreditation centre will open from November 16 2007 at 08:30 until 16:30.
Media facilities will be available at the media centre from November 16 until November 18 2007.
Please remember to create your own user name and password in order to gain access to the registration page.
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In our pursuit to better understand and coordinate macroeconomic and financial management internationally - and your conference program which includes a formidable array of speakers on these issues - there is some risk, I think, of losing sight of the human purpose of our shared institutional arrangements. Human development - building human capabilities, constructing opportunities for people to lead better lives, sharing knowledge and building interconnected institutions - if we don't achieve these things then our financial intelligence and macroeconomic structures have little meaning.
So I hope you will allow me to deviate somewhat from the mainstream of Washington discourse. I'd like to raise some concerns about global coordination in the arena of skills, careers, human capital formation and how these issues impact on development prospects of poor countries.
Global inequality of wealth and opportunity is clearly bound up with global inequality of human capital - the distribution of knowledge, skills and institutional capacity. While knowledge is to some extent a shared public good and skills are comparatively mobile, there are clearly quite powerful dynamics that work to reinforce, perhaps even widen human capital inequalities, both within and between nations. Investment in people is a proportionately larger industry in developed countries - richer nations can invest more in their education and training systems and, of course higher income families can concentrate more resources on cultivating and branding their progeny. There is no doubt diminishing returns here, which is partly why it is a sensible public policy to aim for equal access to good quality schooling. But the equalising dynamics don't operate very rapidly and the human capital gap remains very wide and tends to persist across generations, even in societies with a long history of redistributive social policies.
The practical implications for developing countries can be deeply debilitating. National leaders look in despair at the outflow of their talented and educated people to opportunities in other countries - this is all too-easily a self-reinforcing deteriorating spiral: people leave because the outlook for their own countries looks unfavourable, and the outflow itself reduces the prospects for growth and development. The mobility of skilled people means that the widening earnings gap in the US and other developed countries over the past two decades has contributed to even more extreme remuneration gaps in developing countries. Some countries have tried to intervene in the movement of people, and of course international donor programs include substantial technical assistance and capacity building efforts, but these bring their own problems as well.
I don't need to belabour these points - we could all add our own illustrative experience and examples. And of course high and rapidly rising remuneration has been a particular feature of the banking and financial sector, and so one does have to ask whether the status of finance as a well-paid career is perhaps disproportionate by comparison with, say, engineering or teaching or health services. There are market incentives at work here, of course, but let's not forget that professional qualifications, training and accreditation systems and many categories of professional remuneration are regulated or administered in specific ways, with considerable variation between countries, so it is possible that incentives work, in practice, in perverse ways. Education and training are about long-term capabilities, and perhaps our problems are partly about both developed and developing countries under-investing in expensive categories of professional competence. There is the additional victim of short-term approaches to training that has been highlighted in so many failures - from banks to engineering - and that is the underinvestment in the values that should guide the choices of professionals.
Shortages of skills are in part the result of past spending and institutional decisions - such shortages can become binding constraints on growth, and lead to rising inequality in income. Such things can all too easily be blamed on globalisation and finance capital, where in fact there are deeper distortions or policy failures at work that may go back many decades.
Globalisation and growth have accentuated shortages of skills for engineers, doctors, nurses, plumbers and other artisans, in both the developed and developing worlds. But these shortages are not due to globalisation itself, but to past fiscal and market failures. From the perspective of the South it seems that developed Western countries, who in their quest to save and minimise costs and maximise returns, are producing too few engineers, doctors and nurses to even meet their own demands. And so the developed world plunders developing countries for the skills that they have failed to create, and makes it more difficult or impossible for developing countries to reduce poverty and attain their development goals.
According to the United Nations, about 90 percent of highly skilled migrants live in a member state of the OECD. Until the 1960s, Western Europe was the biggest supplier of qualified professionals to the United States. Now the developing countries have emerged in recent years as the biggest suppliers of qualified professionals to the advanced countries as a whole. During the mid-1990s, there were more than a million and a half skilled expatriates from the developing countries in Western Europe, the US, Japan and Canada. These migrant professionals, strongly needed in developing countries, contribute to larger disparities between rich and poor countries.
Africa, with its serious shortages of manpower, was the biggest loser, having lost 60,000 professionals (doctors, university lecturers, engineers, surveyors, etc) between 1985 and 1990 and an average of 20,000 annually until the mid-1990s. On average, 10.4 percent of skilled migration is from Africa.
Asia also experienced an increase in outflows of skilled professionals to the US, Canada, Australia and the UK during the 1990s, partly due to the strong demand in OECD countries for IT and other skills in science and technology, as well as selective immigration policies that favour skilled workers.
Migration from developing countries has enormous implications for them, as their growth potential and service delivery suffer enormously as a result, leading to more poverty and unemployment. Whilst there are many complex reasons for such migration, both of an economic and political nature, there can be little doubt that for many professions, it is the higher remuneration prospects (in a hard currency) that drives such migration of skilled professionals. And whilst there are benefits in terms of remittances which have increased significantly, and which does help to reduce poverty as a result, it does not however really improve the growth potential of such developing countries.
Let's take the health sector as an example.
The migration of African health-care workers to advanced economies has led to an estimated shortage of around 820,000 doctors, nurses and other health workers on the African continent. A shortage of doctors and nurses in Africa has been identified as one of the biggest obstacles to providing life-saving drugs to AIDS patients.
In South Africa we have 393 nurses and 74 doctors per 100,000 people, compared with the 901 nurses and 247 doctors per 100,000 people in the US. Moreover, a high percentage of South African nurses and doctors leave the public sector for the private sector, and shortages are especially acute in rural areas. Now whilst we can look at how to make conditions in our public health sector more attractive, to prevent the loss of health professionals to the more lucrative private sector, there is not much we can really do to stop them from leaving South Africa for jobs in developed countries like the UK, USA, Canada, Australia and New Zealand. So South Africa has become a training ground for developed countries, meeting all the costs of doing so with not a penny in contribution from developed countries.
The main problem here is that developed countries are not producing sufficient doctors and other health professionals for their own needs. In the UK, even though the NHS launched a plan to attract 2,000 new GPs by March 2004, there were not enough senior doctors or GPs coming through the ranks or staying in the profession, forcing it to recruit qualified professionals from overseas.
Even in the US, American Medical Association (AMA) has reversed its initial view and now projects a shortage of doctors as 79 million baby boomers reach retirement age, resulting in a greater demand for more medical care. The US needs to train an estimated 10 000 more doctors a year, in addition to the current 25,000 to meet these growing medical needs.
A similar story can be told about engineering and technical skills. It is estimated by the South African Institute of Civil Engineering that South Africa needs an additional 6,000 engineers to cover short-term needs, now that the momentum of economic growth has increased. In the UK, skills shortage in engineering has been identified as a business critical issue for various industries. It has also been noted that the supply shortages of engineers was being off-set in the short-term by workers coming in from Eastern Europe & South Africa, where recruits tend to be academically very strong and experienced. For the larger UK organisations, as business becomes increasingly international it also makes business sense to employ a more culturally diverse workforce with strong language skills.
Europe produces roughly three times as many engineering graduates as the US each year. Asia produces almost five times as many. Yet the same source indicates that five years after graduation, 80% of engineering graduates in the USA are working in nonengineering fields. There are fears in the US that it could lose its technological leadership position and competitiveness in the global economy due to shortages of engineering capacity in an increasingly high-tech dominated world.
Even India, which is well known worldwide for its software engineers, experiences shortages of these professionals. According to Nasscom, which represents India's software companies, there could be a shortfall of 500,000 IT professionals by 2010. These shortages have driven up the annual remuneration of even junior software engineers to US$45,000.
So there are challenges for national education and training systems, and it seems clear that better international coordination is needed in this arena. This is not just about planning and financing investment in skills, it is surely also about curricula and learning technologies and what goes on in the classroom. We know that in South Africa, for example, we are not making sufficient progress in maths and science in our schools, and we need to find ways of using technology and better teaching methods if we are going to meet this critical need effectively.
I would emphasise that globalisation has accelerated, but not created these difficulties. There can be little doubt that mismatches between the supply and demand for skills contributes to widening earnings differentials, but it is surely not enough to rely on this as the incentive and signaling mechanism that will correct these imbalances automatically.
Education and training are investments for the long term, and their returns are not easily measured or securitised; it is no surprise that the associated financing arrangements are comparatively primitive.
to put the financing of education and training on a better footing. This is partly about more resources, channeled in the right ways. It is also about recognising that we have a shared interest not just in the quantum of educational output but also in its distribution - we have a shared interest in ensuring that education and training opportunities become more equitably distributed across the world, and that the mobilisation of skilled capacity is more fairly distributed between nations. I am happy to accept that mobilising finance for education and training is also about financial innovation although I am of course wary of arrangements that might appear to bring greater resources to public service delivery but, in reality, pass on the costs to future generations or other parts of the fiscal envelope.
Education and training are kinds of investment that are also bound up not so much with the impersonal economic arithmetic of yields and dividends and hurdle return rates, but with the determination of earnings - and the unavoidably political character of the resulting distribution of wealth and privilege. Earnings differentials are signals that feed back into shaping learning decisions and skills acquisition - but earnings patterns are also outcomes of power relations, wealth and social values. We need a more careful and considered understanding of the connections between values and earnings, knowledge and power, education and privilege, training and access to opportunity. Professional skills are globally mobile, and there are obvious limitations on the scope for individual country attempts to control remuneration trends rigidly or interfere in the movement across borders of skilled people. But there are also limitations on the scope for addressing skills shortages by paying higher salaries or deliberate training interventions. These are issues that are talked about far too cautiously, and addressed through effective cross-border partnerships far too seldom. So let me invite your reflections on this interconnected human and financial challenge, not just as another issue on the global development agenda but as a core problem of shared values and our commitment to a shared future.
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The second quarter provincial budget statement of receipts and payments, published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 30 October 2007, covers spending for the first six months of the 2007/08 financial year, which ended 30 September 2007. It is available on the treasury website at www.treasury.gov.za.
The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury by 22 October 2007. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
In aggregate, provinces have spent 46.0 per cent or R96.9 billion of their budgets of R210.5 billion for the period ended 30 September 2007. This represents a spending increase year-on-year of 17.1 per cent or R14.2 billion higher than for the same period last year when provinces had spent R82.7 billion.
Education expenditure totalled R42.5 billion or 47.9 per cent of the R88.
(42.2 per cent). The spending pattern reflects a 15.4 per cent or R5.7 billion increase over the same period last year.
Health expenditure totalled R28.4 billion or 47.9 per cent of the R59.
(28.2 per cent). The spending pattern reflects a 13.7 per cent or R3.4 billion increase compared with the same period in 2006/07.
Social welfare services (social development) spending for the first six months of the 2007/08 financial year is recorded at 40.9 per cent or R2.7 billion of the R6.5 billion social welfare services budgets.
Total personnel expenditure, in aggregate, is at 48.2 per cent or R56.9 billion of the R118.1 billion personnel budgets. These figures include the announced improvements in conditions of service (ICS) effected from 01 July 2007.
In aggregate, provinces spent 39.8 per cent or R7.1 billion of their R17.9 billion combined capital budgets. This is a significant improvement of 26.8 per cent over the previous financial year, exceeding the R5.6 billion spent over the same period in 2006/07 by R1.5 billion. This reflects an ongoing improvement in capital spending capacity.
Provincial education departments spent 38.0 per cent or R1.5 billion of their R3.8 billion education capital budgets.
28.7 per cent or R326.1 million when compared to the same period of the previous financial year.
Health provincial departments also significantly improved on capital spending. They have spent 42.1 per cent or R2.3 billion against their R5.5 billion health capital budgets, which is 20.9 per cent or R400.5 million more than the same period for 2006/07.
The greatest share of provincial capital is on the budgets of public works, roads and transport departments at 38.7 per cent. The sector spent 42.5 per cent or R2.9 billion against its combined capital budget of R6.9 billion.
47.1 per cent or R944.4 million compared to the same period last year.
These suggest that the initiatives that have been put in place to enhance infrastructure delivery are paying off.
The government contribution for Gautrain totals R4.5 billion for the 2007/08 financial year. Of the R4.5 billion, R1.5 billion is funded through the provincial equitable share (Gauteng Provincial Government) and R3.0 billion in the form of a conditional grant (funded by National Government). Expenditure incurred for Gautrain recorded against the equitable share portion is at R368.2 million as at 30 September 2007 and R997.5 million against the Gautrain Rapid Rail Link conditional grant.
Provincial own revenue collected thus far is at 57.1 per cent or R4.4 billion of the total own revenue budget of R7.7 billion. National government has transferred R89.1 billion of the equitable share and R14.8 billion in conditional grants to provinces, during the first six months of 2007/08.
A more detail analysis of the expenditure outcome as at 30 September 2007 is set out in Annexure A.
The budgeted figures for provinces are based on the 2007/08 provincial budget statements (main budgets) tabled in the various provincial legislatures during February and March 2007.
Table 1 indicates that provinces have spent 46.0 per cent or R96.9 billion of budgeted expenditure for the first and second quarter into the current financial year. Spending to date is at a slightly higher level in percentage terms compared to spending against budgets over the same period in the 2006/07 financial year (45.2 per cent).
However, in nominal terms, spending is 17.1 per cent or R14.2 billion higher than for the same period last year when provinces had spent R82.7 billion. Between provinces, spending ranges from the lowest share of 43.8 per cent in Gauteng and 43.9 per cent in Eastern Cape, to the highest at 48.3 per cent in KwaZulu-Natal and 47.8 per cent in North West.
Eastern Cape 25 016 205 3 455 553 2 537 053 31 008 811 11 332 956 1 387 597 894 046 13 614 599 43.
Free State 10 478 703 1 498 116 1 332 253 13 309 072 5 044 406 592 450 604 612 6 241 468 46.
Northern Cape 4 442 163 653 982 567 148 5 663 293 2 161 753 290 522 215 402 2 667 677 47.
North West 10 981 576 2 185 609 1 245 173 14 412 358 5 388 929 1 031 777 472 349 6 893 055 47.
Western Cape 15 934 599 3 161 589 1 620 366 20 716 554 7 465 425 1 446 238 833 388 9 745 051 47.
Total 160 969 878 31 548 454 17 941 435 210 459 767 75 310 431 14 415 501 7 136 950 96 862 882 46.
Provinces have budgeted R154.5 billion for social services, which includes spending on education, health and social development. Spending on social services is recorded at R73.6 billion or 47.6 per cent of the total provincial social services budget. Social services budgets comprise 73.4 per cent of total provincial budgets in 2007/08.
Education 88 718 713 42 523 461 47.9% 43.
Health 59 251 594 28 401 457 47.9% 29.
Social Development 6 549 607 2 681 684 40.9% 2.
Total 154 519 914 73 606 602 47.6% 76.
Education budgets of R88.7 billion comprise 42.2 per cent of total provincial budgets. Table 3 indicates that education expenditure is at 47.9 per cent or R42.5 billion of the total education budget, an increase of 15.4 per cent or R5.7 billion compared to the R36.8 billion spent over the same period in 2006/07.
44.2 per cent and Western Cape at 46.
56.1 per cent and both KwaZulu-Natal and Limpopo at 49.7 per cent.
Eastern Cape 14 726 061 6 514 999 44.2% 47.
Free State 5 692 455 2 720 656 47.8% 43.
Northern Cape 2 266 871 1 114 009 49.1% 41.
North West 5 323 945 2 984 135 56.1% 43.
Western Cape 7 684 658 3 546 037 46.1% 36.
Total 88 718 713 42 523 461 47.9% 43.
Spending on goods and services (mostly learner support material) in education is recorded at 32.5 per cent or R3.2 billion of its R10.0 billion budget. It comprises approximately 11.
0.3 percentage points more than the share in 2006/07.
The bulk of education expenditure is on personnel (79.8 per cent). Current spending on education personnel amounts to 49.1 per cent or R33.9 billion of the education personnel budgets of R69.2 billion.
Spending by provinces ranges from the lowest in Gauteng at 46.4 per cent and Western Cape at 47.5 per cent, to the highest in North West at 59.7 per cent and Northern Cape at 50.4 per cent.
Eastern Cape 11 836 246 5 695 774 48.1% 64.
Free State 4 411 890 2 197 936 49.8% 56.
Northern Cape 1 688 607 851 686 50.4% 56.
North West 4 036 185 2 407 966 59.7% 59.
Western Cape 5 903 639 2 803 567 47.5% 53.
Total 69 182 823 33 935 540 49.1% 59.
Education capital expenditure is at 38.0 per cent or R1.5 billion of the R3.8 billion budget. This is 28.7 per cent or R326.1 million more than the R1.1 billion spent on capital over the same period last year.
Spending by provinces ranges from the lowest in Eastern Cape at only 18.2 per cent and North West at 22.4 per cent to the highest in Limpopo at 63.6 per cent and Western Cape at 51.9 per cent.
Eastern Cape 764 191 139 412 18.2% 15.
Free State 279 861 97 063 34.7% 16.
Northern Cape 32 246 12 721 39.4% 5.
North West 211 026 47 196 22.4% 10.
Western Cape 167 221 86 751 51.9% 10.
Total 3 845 383 1 460 708 38.0% 20.
Health budgets totalling R59.3 billion comprise 28.2 per cent of total provincial budgets. Table 6 indicates that health expenditure is at 47.9 per cent or R28.4 billion of the total health budget, representing an increase of 13.7 per cent or R3.4 billion compared to spending over the same period in 2006/07.
43.7 per cent and 44.0 per cent respectively The highest shares are recorded in KwaZulu-Natal at 51.4 per cent and Northern Cape at 51.0 per cent.
Eastern Cape 8 142 743 3 720 879 45.7% 27.
Free State 3 643 438 1 848 399 50.7% 29.
Northern Cape 1 459 941 744 541 51.0% 27.
North West 3 754 518 1 641 144 43.7% 23.
Western Cape 7 095 173 3 449 405 48.6% 35.
Total 59 251 594 28 401 457 47.9% 29.
Table 7 indicates that health personnel expenditure is R15.8 billion or 48.1 per cent of the health personnel budget, an increase of R1.8 billion or 13.2 per cent compared to the R14.0 billion spent over the same period in 2006/07.
Eastern Cape 4 404 596 2 096 497 47.6% 23.
Free State 2 239 485 1 114 133 49.7% 28.
Northern Cape 775 800 367 460 47.4% 24.
North West 2 061 230 903 369 43.8% 22.
Western Cape 3 989 531 1 876 736 47.0% 35.
Total 32 876 030 15 826 966 48.1% 27.
Spending on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure, is recorded at 49.1 per cent or R10.3 billion of the R20.9 billion budget. This is an increase of 12.8 per cent or R1.2 billion compared to the R9.1 billion spent over the same period in 2006/07.
Capital expenditure in the health sector is at 42.1 per cent or R2.3 billion. This is significantly higher at 20.9 per cent or R400.5 million more than the R1.9 billion spent over the same period last year.
Eastern Cape 906 864 362 481 40.0% 40.
Free State 204 938 141 356 69.0% 23.
Northern Cape 219 612 75 844 34.5% 35.
North West 376 646 153 563 40.8% 32.
Western Cape 453 748 213 338 47.0% 25.
Total 5 496 184 2 313 687 42.1% 32.
The lowest rate of health capital spending is in Mpumalanga at 29.5 per cent and Northern Cape at 34.5 per cent with Free State and KwaZulu-Natal recording the highest rate of spending at 69.0 per cent and 49.9 per cent respectively.
Social welfare services budgets, at R6.5 billion, comprise 3.1 per cent of total provincial budgets.
Eastern Cape 951 735 382 495 40.2% 2.
Free State 453 092 191 392 42.2% 3.
Northern Cape 304 319 131 666 43.3% 4.
North West 607 628 169 687 27.9% 2.
Western Cape 891 503 408 967 45.9% 4.
Total 6 549 607 2 681 684 40.9% 2.
Provinces registered spending of 40.9 per cent or R2.7 billion of their R6.5 billion budget (table 9). This represents an increase of 23.1 per cent or R502.9 million above the R2.2 billion spent over the same period last year.
Between provinces, there are varying degrees of spending with the lowest being in North West at only 27.9 per cent and Gauteng at 38.1 per cent while the highest are Western Cape and Limpopo at 45.9 per cent and 45.6 per cent respectively.
Housing and local government budgets at R12.0 billion comprise 5.7 per cent of total provincial budgets.
37.1 per cent or R4.4 billion of the R12.0 billion budget (table 10). This represents an increase of 16.3 per cent or R624.3 million more than the R3.8 billion spent over the same period last year.
Eastern Cape 1 574 138 384 708 24.4% 2.
Free State 878 028 267 392 30.5% 4.
Northern Cape 294 715 143 757 48.8% 5.
North West 999 302 467 452 46.8% 6.
Western Cape 1 198 094 529 085 44.2% 5.
Total 11 983 909 4 446 724 37.1% 4.
24.4 per cent and Limpopo at 27.
48.8 per cent and North West at 46.8 per cent.
Most of the housing and local government expenditure is on the Integrated Housing and Human Settlement Development conditional grant. Table 11 indicates that provinces spent 35.3 per cent or R2.9 billion of their R8.2 billion housing conditional grant. These spending figures are higher by 13.0 per cent or R333.7 million over the same period last year.
Eastern Cape 1 052 554 95 329 9.1% 0.
Free State 653 293 185 353 28.4% 3.
Northern Cape 130 976 76 387 58.3% 2.
North West 766 806 336 343 43.9% 4.
Western Cape 948 548 435 484 45.9% 4.
Total 8 237 946 2 908 198 35.3% 3.
Personnel expenditure ("compensation of employees") is at 48.2 per cent or R56.9 billion of the R118.1 billion budget. Spending to date is 12.4 per cent or R6.3 billion higher than the R50.6 billion spent over the same period last year.
46.8 per cent and 47.1 per cent respectively while North West and KwaZulu-Natal recorded the highest rates at 51.3 per cent and 48.9 per cent respectively.
Eastern Cape 18 639 841 8 869 157 47.6% 65.
Free State 7 992 772 3 895 034 48.7% 62.
Northern Cape 3 114 528 1 512 163 48.6% 56.
North West 7 845 267 4 028 215 51.3% 58.
Western Cape 11 284 560 5 277 856 46.8% 54.
Total 118 139 732 56 905 126 48.2% 58.
By the end of the second quarter, provinces had spent 39.8 per cent or R7.1 billion of their R17.9 billion capital budgets ("payments for capital assets"). This is significantly higher (26.8 per cent or R1.5 million) than the R5.6 billion spent over the same period last year.
Table 13 provides capital spending information by province, which indicates low rates of spending in Mpumalanga at 32.7 per cent and Eastern Cape at 35.2 per cent and high rates in Western Cape at 51.4 per cent and Free State at 45.4 per cent. However, in absolute terms. KwaZulu-Natal has spent the most at R1.9 billion followed by Gauteng at R1.1 billion and Eastern Cape at R894.0 million.
The biggest capital budgets in provinces are in public works, roads and transport departments at 38.7 per cent or R6.9 billion of the total provincial capital budget of R17.9 billion. Spending by these departments is at 42.5 per cent or R2.
Eastern Cape 2 537 053 894 046 35.2% 6.
Free State 1 332 253 604 612 45.4% 9.
Northern Cape 567 148 215 402 38.0% 8.
North West 1 245 173 472 349 37.9% 6.
Western Cape 1 620 366 833 388 51.4% 8.
Total 17 941 435 7 136 950 39.8% 7.
47.1 per cent or R944.4 million more than the R2.0 billion spent last year over the same period.
Eastern Cape 731 188 361 932 49.5% 40.
Free State 727 887 321 632 44.2% 53.
Northern Cape 269 131 90 446 33.6% 42.
North West 520 627 244 776 47.0% 51.
Western Cape 942 922 522 526 55.4% 62.
Total 6 941 735 2 948 978 42.5% 41.
Between provinces, the lowest rate of spending is recorded in Limpopo at 32.0 per cent and Northern Cape at 33.6 per cent, while Western Cape and Eastern Cape recorded the highest rates of spending at 55.4 per cent and 49.5 per cent respectively.
The total conditional grant allocation is R31.5 billion (including Schedule 4 grants) with health making up the bulk at R11.3 billion.
Sport and Recreation South Africa 194 000 122 321 71 192 36.
Mass sport and recreation participation programme gr 194 000 122 321 71 192 36.
Transport 3 029 411 1 002 608 997 469 32.
Gautrain rapid rail link grant 3 029 411 1 002 608 997 469 32.
Total excluding Schedule 4 grants expenditure 31 493 722 14 789 397 6 764 674 37.
Table 15 reflects spending on conditional grant allocations as at 30 September 2007 for all provinces.
National Tertiary Services, Hospital Professions Training and Development and the Infrastructure grant to provinces, as reporting against these grants cannot be separated from the provinces' health and capital budgets.
Spending on the Comprehensive Agricultural Support Programme grant (also Schedule 4) is subsumed in a range of programmes and therefore no separate reporting is required in terms of the Division of Revenue Act, 2007 (Act No. 1 of 2007).
Against the total allocation of R18.0 billion, this excludes Schedule 4 grants, the rate of conditional grants spending amounts to 37.6 per cent or R6.8 billion.
(11.8 per cent), HIV and Aids (Life Skills Education) (25.9 per cent) and Land Care Programme (34.8 per cent).
Percentages represent actual expenditure of main budget as published in the Division or Revenue Act, 2007 (Act No.1 of 2007) and subsequent gazettes.
Table 16 indicates selected conditional grant spending rates as at 30 September 2007. It further indicates that five or more provinces have spent less than 35 per cent of their grants budgets after the second quarter for the following grants: Land Care Programme, Community Library Services and HIV and Aids (Life Skills Education).
The table also indicates the number of provinces spending at slightly higher levels between 35 and 45 per cent and greater than 45 per cent of their conditional grant budgets.
Although the conditional grant rate of spending is encouraging and reflects an improvement over previous financial years, overall conditional grants spending still lies below the total provincial spending average of 46.0 per cent.
Spending on the Further Education and Training College Sector Recapitalisation grant is at 44.0 per cent or R262.1 million and reflects actual transfers from the provincial education departments to the FET colleges.
Provincial revenue includes budgeted equitable share allocations of R171.3 billion, conditional grants of R31.5 billion and own revenue of R7.7 billion. The total provincial revenue received and collected to date is recorded at 51.4 per cent or R108.2 billion of total budgeted total revenue of R210.4 billion.
National government transferred 52.0 per cent or R89.
47.0 per cent or R14.8 billion in conditional grants, to provinces after the second quarter of the current financial year.
After the second quarter, provinces have collected 57.1 per cent or R4.4 billion of the budgeted own revenue of R7.7 billion which is 19.2 per cent or R705.8 million more than what was collected by the end of September for the previous financial year.
Eastern Cape 614 440 433 998 70.6% 2.
Free State 465 447 265 547 57.1% 3.
Northern Cape 138 684 58 064 41.9% 1.
North West 438 869 352 606 80.3% 4.
Western Cape 1 614 365 885 898 54.9% 8.
Total 7 673 125 4 380 340 57.1% 4.
The collection rate varies from 41.9 per cent in Northern Cape and 48.7 per cent in Limpopo, to a high of 80.3 per cent in North West and 70.6 per cent in Eastern Cape. It appears at this stage that most provinces will exceed their collection of budgeted own revenue. Often, the over collection reflects understatement of targets rather than improved fiscal effort.
<fn>GOV-ZA.2007110701En.2012-02-10.en.txt</fn>
Minister Manuel and Governor Mboweni will address the media at 08:30 on Thursday, November 8 2007 ahead of the G20 meeting next week in the Western Cape. South Africa is the chair of the G20 which brings together finance ministers and central bank governors from the world's systemically important industrial and emerging market economies. The theme for South Africa's host year is 'Sharing - Influence, Responsibility, Knowledge' and the three work programme themes are commodities cycles and financial stability, fiscal elements of growth and development and reform of the Bretton Woods institutions.
This media briefing will deal with G20 related matters only.
<fn>GOV-ZA.2007112301En.2012-02-10.en.txt</fn>
Since its inaugural bond issuance in November 2006, the International Finance Facility for Immunisation (IFFIm) has made US$ 1 billion available for GAVI Alliance vaccines and health programmes in the poorest countries of the world.
GAVI and IFFIm partners, including GAVI Fund Chair Mrs. GraÃ§a Machel, will present a summary account of how and where IFFIm's predictable, long-term funding is saving lives. In just its first year, IFFIm has boosted countries' existing immunisation programmes, funded the demand and development of easier-to-administer combination vaccines and has been flexible in response to urgent immunisation needs like yellow fever, polio and measles.
B-roll: download at http://www.gavialliance.org/media_centre/videos/index.
Note to Editors: Spokespersons are available including key GAVI partners, donor representatives, and health workers in the field.
<fn>GOV-ZA.2007112901En.2012-02-10.en.txt</fn>
I want to thank Shelagh Gastrow for the invitation and her insistence that I join you all this evening. I am not quite sure why she picked on me - I certainly haven't made enough money to give away - so, if anything that fact should be a disqualification. And on giving, I flex the rules by getting parliament to pass laws to take money from those who have, my job requires that I then allocate this and later pretend that I am a 'giver of note'. Strange qualifications indeed, but again - thank you for the invitation.
This evening we celebrate outdoor exercise. There was some wit who pronounced that "Charity begins at home and generally dies from a lack of outdoor exercise". So, let us celebrate exercise.
But in this celebration, we should pause and consider both the acts of giving and receiving in the context of a society such as ours. What should we strive for and what do we benchmark these acts against?
Dr Anton Rupert was one of South Africa's foremost business leaders and a noted philanthropist. On the occasion of his death, Nelson Mandela said, " Anton Rupert was a social thinker who gave generously without being patronising." The power of these words sets a useful benchmark - a social thinker, he gave generously and he was not patronising. These are three very specific and exceedingly important challenges that confront philanthropists everywhere.
One of the biggest challenges confronting thinkers and policymakers everywhere is the fact that the world is becoming increasingly less equal. In South Africa we can measure this change - today, the top 1% of earners earn about 20% of national income. Policymakers then cannot merely accept this as a given and hope that we can persuade the wealthy to part with some of what they have. But for philanthropy to meet its own implicit objectives, it has to be free of inducement from the state. Some of the world's great thinkers have spoken directly to this issue - so, the author Albert Camus said, " Freedom is not constituted primarily of privileges, but of responsibilities." And Albert Einstein said, " It is every man's (and presumably, woman's) obligation to put back into the world at least the equivalent of what he (or she) takes out of it."
So, how in the context of philanthropy would we wish to measure either the depth of responsibility or the obligation of ploughback?
Last year, the entrepreneur Warren Buffett announced that he was giving away some $37 Billion to five charitable foundations. The largest recipient, receiving some $31 Billion is the Bill and Melinda Gates Foundation. I have no doubt that this large resource will be exceedingly well allocated. I am also very impressed by the fact that Mr Buffett has had the confidence to give it to others who have more knowledge and reach to distribute, without having to raise the Buffett name each time an award is made. Just recently, Warren Buffett announced a deep concern that he has - he pays too little tax to the government of the United States of America. In fact, he says that he pays a lower effective rate of tax than everyone in his office, including the secretaries. He further said that he does no tax planning, nor does he use a tax consultant. He recognised this situation as obscene and has asked to pay a higher rate of tax. The gentleman is every Finance Minister's dream - in fact, I intend over-riding the Ministry of Home Affairs by offering Mr Buffett South African citizenship.
Mr Buffett is not alone in this concern. Lee Iacocca, former CEO of both Chrysler and Ford , in a hard hitting piece on the politics of the USA said , "Thanks to our MBA President we've got the the largest deficit in history, social security is on life support, and we've run up a half-a-trillion price tag (so far) in Iraq." He goes on to say, "Congress responds to record deficits by passing a huge tax cut for the wealthy (thanks, but I don't need it!!)."
These are truly mind-blowing comments from two individuals who have both been immensely successful and yet recognise that the priorities of society are so terribly skewed. Their ability to give generously is, in part a consequence of a failing state.
So, we must celebrate the giving. We must recognise that the impulses of the givers are correct. Yet, we have work to do in the present environment to ensure that the circle of givers is significantly enlarged and that the bounds of their generosity is expanded. This means that organised non-government needs to raise the issues and hold up the benchmarks without appearing to lean too heavily, which some may argue replaces the voluntary nature of the giving with too much inducement. But, don't ever let up.
At the same time, we have to work together to persuade everybody that the freedom we have, as Camus said, "constituted of responsibilities rather than privileges." So we have to work for a society that sees the levels of inequality as a challenge to be overcome.
Martin Luther King Jr once said, " philanthropy is commendable, but it must not cause the philanthropist to overlook the economic injustice that makes the philanthropy necessary." I am spoken for.
Yet, we must recognise that all governments are limited in their capacity - the scale of the limitation varies. Well allocated philanthropy gets into those areas where frequently even the best intentions of governments cannot reach. The focus of such giving should be on the empowerment of communities - neither to let errant organs of state off the hook, nor to tie such communities into relations of dependence. Empowerment, correctly spelt and even better applied is the key to the difference.
We celebrate together here this evening because we all fervently believe that we can change the world; and that we must deal with the history of disadvantage through welltargeted and well-founded philanthropy. I refer, as Madiba said, to social thinkers, who give generously and never patronise. Oh, and of course, a larger circle of givers with even deeper pockets.
So let me congratulate all the winners - it is strange to pick a few when the object of giving is always that someone else wins. Let us celebrate outdoor exercise.
<fn>GOV-ZA.2007113001En.2012-02-10.en.txt</fn>
The Prevailing Interest Rates are applicable from the first day of the month (1December 2007) until the last day of the month (31 December 2007).
<fn>GOV-ZA.2007113002En.2012-02-10.en.txt</fn>
The National Treasury, through the Asset and Liability Management Division, determines the Prevailing Interest Rates for the 3-year, 5-year and 10-year RSA Inflation Linked Retail Bonds for a six month period.
The Prevailing Interest Rates of the RSA Inflation Linked Retail Savings Bonds are determined by interpolating the equivalent real yields of the 3-year, 5-year and 10-year Government Inflation Linked Bonds.
01 December 2007 and payable on the inflation adjusted capital invested on 31 May 2008.
3-year Retail Bond: 3.25% 5-year Retail Bond: 3.00% 10-year Retail Bond: 2.
<fn>GOV-ZA.2007120601En.2012-02-10.en.txt</fn>
The National Treasury today releases the third draft of the Mineral and Petroleum Resources Royalty Bill, for a final round of public comment and parliamentary review.. The Bill gives effect to the objectives of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA).
The National Treasury released the first draft Mineral and Petroleum Resource Royalty Bill in March 2003 for public comment. After extensive consultations, revisions were made to the Bill. A second revised draft Bill released on 11 October 2006 contained modifications that address most of the concerns raised during the first round of consultations. Following a second round of extensive consultations, this third (and final) draft Bill is now released for public comment and parliamentary review. This draft Bill includes further substantive changes to facilitate sustainability of the mining industry, whilst at the same time giving effect to the MPRDA.
One of the most important aspects of any tax system is to properly define and quantify the tax base. The tax base for the mineral and petroleum resources royalty regime as defined in both the first and second draft Bills was gross sales. This third draft of the Bill confirms gross sales as the tax base, but takes into account the process of beneficiation. Though the second draft Bill attempted to take account of beneficiation activities by way of a dual rates system (differential rates for refined and unrefined minerals), this Bill takes into account comments received from the industry and shifts away from a dual rate system towards an allowance for deductions of beneficiation related expenses.
The revised tax base will thus be equal to gross sales less allowable beneficiation related expenses and transport expenses between the seller and buyer of the final product.
Given that the beneficiation related activities might differ from mineral to mineral the Minister will by way of regulations, for the various minerals, identity what activities and related expenses will qualify as beneficiation. In general beneficiation expenses related to smelting, refining, processing and sorting (in the case of diamonds) will be deductible. Annexure 1 provides a brief summary of the relative importance of each of these components for the main mineral types.
It should be noted that the third draft of the Bill provides for all minerals including aggregates, sand and limestone to be subject to the mineral royalties. The specific royalty rate for this latter category of minerals was initially set at zero in the previous two draft Bills.
1 Gold 0.
2 Diamonds 7.
4 Manganese 19.
5 Mineral Sands 21.
6 Coal 21.
7 Chrome 23.
8 Iron Ore 27.
In addition to a revised tax base the royalty rates have also been reviewed. Both the previous draft Bills incorporated specific, but differential royalty rates for the various the minerals. In the second draft Bill the specific royalty rates were reduced and, in addition, dual royalty rates were introduced for certain minerals (with a lower rate for refined minerals).
The new royalty rate structure will be based on a formula that takes into account the profitability of company.
Y (%) = EBITDA X 100 (Gross Sales multiplied by 12.
For the purpose of calculating the royalty rates a negative EBITDA will be set equal to zero. Based on information received from the industry the average royalty rates for the nine main minerals, for the period 2002 to 2006, would have varied between 1.0 percent and 3.
Diamonds ManganeseIron ore Mineral Sands PGM Gold Coal Chrome Base Metals n/a 2 2 2 3 1.5 1 2 2 5 4 4 4 6 3 3 4 4 5 3 3 3 4.5 2.25 2 3 3 3.7 3.3 3.0 3.0 2.7 2.1 2.1 1.0 1.
Annexure 2 is a summary of EBITDA (earnings before interest, taxation, depreciation and amortization) expressed as a percentage of gross sales / revenues for the period 2002 to 2006.
The royalty rates derived in terms of the proposed formula are lower or similar to the royalty rates structure proposed in the 2nd Draft Bill. It should also be noted that the tax base in the final draft bill is narrower, given the allowable deductions.
On average the revised royalty regime is therefore more investor friendly, and should be easier to comply with and easier to administer, whilst it would also ensure that the fiscus receives its fair share of tax revenue.
A special relief mechanism that was included in the 2nd draft Bill to cater for marginal mines in order to prevent their premature closure is no longer required. The formula based royalty rate structure provides automatic relief for marginal mines; it also does so in a much more elegant and simpler manner. Government will share in the down side risk of mines but also share in the benefits resulting from high commodity prices.
A number of traditional communities currently receive royalty payments from mining operators that mine on their land. Item 11 of Schedule II of the Mineral Resources Development Act (Act No. 28 of 2002) (the "MPRDA") provides that communities will continue to receive such royalties regardless of whether these royalties are paid with respect to "old order" or "new order" mining rights.
Communities and mining companies are encouraged to enter into negotiations to, where appropriate, convert the financial interest of communities into equity stakes in the operating companies. These negotiations will of necessity require that the role-players will have to make some concessions in order to ensure lasting and sustainable arrangements.
The deadline for public comment is 29 February 2008. The Portfolio Committee on Finance will conduct hearings shortly thereafter before the Bill will be formally tabled in Parliament. The Bill is available for public comment on www.treasury.gov.za and comments can be sent to pearl.malumane@treasury.gov.za.
Annexure 1: Type and relative significance of deductible beneficiation related and transport expenses.
1 Smelting 50.2% 28.
2 Refining 46.6% 37.7% 42.
3 Transport 1.8% 38.9% 10.1% 28.6% 71.9% 82.8% 27.
4 Insurance 1.4% 23.8% 1.
5 Processing * 41.
6 Throughput ** 19.
7 Recovery 8.
8 Sorting 10.
9 Security 10.
10 Primary crusher & other 27.
11 Dense Medium Separator (DMS) plant, sintering 6.2% 40.
12 Port , shipping & insurance 11.0% 32.
Processing includes: screening, crushing and washing.
Manganese Iron Ore PGM Gold Coal Chrome 45.5 41.8 28.9 37.2 27.3 23.5 40.4 26.9 28.1 46.3 32.3 15.3 32.7 20.2 26.4 7.1 15.8 17.1 49.3 46.8 29.4 4.1 27.3 12.3 43.4 53.2 45.0 33.0 23.8 9.1 41.8 37.6 34.0 26.2 26.1 12.
Y (%) = (EBITDA divided by Gross Sales) X 100 divided by 12.5 For the purpose of calculating the royalty rates a negative EBITDA will be set equal to zero.
<fn>GOV-ZA.2007121101En.2012-02-10.en.txt</fn>
The National Treasury has today released for public comment a discussion paper on the reform of the regulatory environment for the listed property investment sector (including the introduction of Real Estate Investment Trust (REIT) as an investment vehicle), entitled "Reforming the Listed Property Investment Sector in South Africa". The deadline for comments is 31 January 2008.
Indirect investment in property can be achieved by investing in property investment vehicles. Different types of property investment vehicles exist but they all have similar objectives including: providing a simple, quick and safe way to invest in property, enhancing liquidity for the investor, providing a fairly predictable income stream to the investor with capital growth on his or her investment.
Internationally, a Real Estate Investment Trust (REIT) is the most well recognised listed property investment vehicle. The Ernst & Young, Global REIT Report 2006 estimates the rapidly growing market capitalisation of the global REIT industry at over US$608 billion with most of the capital located in the United States (US).
REITs are currently not specifically catered for in the South African regulatory and tax environment. The two most common types of REIT-like property vehicles currently in existence in South Africa are Property Loan Stock (PLS) companies and Collective Investment Schemes in Property (CISPs).
National Treasury is reviewing the REIT structure for application in South Africa on two grounds. Firstly, and of paramount importance, is the optimisation of the regulatory framework to cater for the current fragmented property investment landscape which is only partly regulated. Optimising the regulatory framework also entails relaxing or redesigning some of the regulatory requirements that are too restrictive and not internationally competitive. Secondly, there is an inconsistent tax treatment of the two different types of property vehicles, mainly due to the difference in their legal forms and governing regulatory legislation.
1 The US listed property market is worth in excess of US$300 billion. Other strong markets include Canada, Singapore, France, Australia and the Netherlands.
The purpose of this discussion document is to highlight National Treasury policy objectives and considerations, and to invite comments from stakeholders on these policy matters. The document also outlines some broad design features and comments on these are also invited. It should be noted that the proposed regulatory amendments will be accommodated within the Collective Investment Schemes Control Act (No. 45 of 2002)(CISCA). The proposed REIT structure will therefore effectively be accommodated in terms of CISCA and supplementary governing rules. Although not the main purpose of this discussion document, other concerns identified by stakeholders (and not addressed in this document) in accommodating REITs under CISCA may also be highlighted as part of the commentary process. A new tax dispensation for REITs is proposed with a separate schedule to the Income Tax Act dealing only with REITS.
Comments on the proposed new tax dispensation are also invited.
<fn>GOV-ZA.20072008En.2012-02-10.en.txt</fn>
WHY AN INFORMATION AND APPLICATIONS SERVICE FOR SA..4 4. ISSUES AND CONCERNS RAISED BY STAKEHOLDERS14 5. PROPOSED MODEL16 5.1 The NHEIAS Envisaged16 5.8 Summary of Recommendations24 6. GOVERNANCE25 8. THE INFORMATION AND COMMUNICATIONS PLATFORM31 9.2 Implementation Scenarios36 12.
In accordance with the provisions of the National Plan for Higher Education which was released in March 2001, the Minister of Education established a Working Group in October of the same year to advise him on the establishment of a National Higher Education Information and Applications Service.
The application form for entry into higher education institutions should be carefully designed to elicit essential information required by the central applications service and by the higher education institutions.
<fn>GOV-ZA.2007365actionplanEn.2012-02-10.en.txt</fn>
This plan is a follow up to the May 2006 365 Days of Action to End Gender Violence Conference that adopted the Kopanong Declaration (see Annex A) in which a broad cross section of South Africans committed to a joint campaign for eradicating this gross human rights violation. The Kopanong Declaration envisaged that each year the Sixteen Day campaign on gender violence would become a platform both to heighten awareness and take stock of gaps and achievements, to ensure sustained, measurable efforts to end gender violence.
Since the May conference, a task team comprising representatives of government and civil society (see Annex B) has met to elaborate on the first action plan to stretch the Sixteen Day campaign into a year long campaign addressing all aspects of gender violence: prevention, response and support.
The plan is being launched on 8 March, International Women's Day, 2007. It will be reviewed during the 2007 and all succeeding Sixteen Day campaigns, with plans for the forthcoming year presented every International Women's Day until such time as gender violence has ended.
Vision: A South Africa free from gender based violence where women, men, girls and boys can realise their full potential.
Mission: To devise a comprehensive and concerted plan for ending gender violence with measurable targets and indicators to which South Africans from all walks of life, in all spheres of government and at all levels of society can contribute.
To mount a sustained prevention and awareness campaign that extends the Sixteen Days of Activism into a year long campaign; involves women and men across the country; and has a measurable impact on attitudes and behaviour.
To ensure that all relevant legislation is passed, budgeted for, thoroughly canvassed and implemented.
To reduce cases of rape by seven to ten percent per annum in line with the SAPS target.
To ensure that South African Police Service (SAPS) crime statistics provide particulars on domestic violence and that there is significant reduction of domestic violence each year.
To increase conviction rates by 10 percent per annum, including through the roll out of more Sexual Offences Courts.
To ensure comprehensive treatment and care for all survivors of gender violence, including the provision of Post Exposure Prophylaxis (PEP) to reduce the chances of HIV infection; treatment for the possibility of STD's and pregnancy as well as counseling.
To provide support and empowerment for victims through places of safety, secondary housing and employment opportunities as well as rehabilitation of offenders.
To ensure coordination and communication among those involved in the implementation of the plan including through the establishment of appropriate institutional mechanisms.
To set targets and indicators that are regularly monitored, evaluated and reported on.
To ensure that the plan is widely canvassed and adapted for implementation at all levels: national, provincial and local.
Part One is the calendar of events identified by the National Convener for the 16 Days of Activism for No Violence against Women and Children Campaign, Deputy Minister for Provincial and Local Government, Nomatyala Hangana, between now and the end of the year to sustain the campaign throughout the year.
Part two is the priorities identified by the Interdepartmental Management Team (IDMT) in government, led by the Sexual Offences and Community Affairs (SOCA) unit of the National Prosecution Authority (NPA) and civil society partners for ending gender violence.
Part three is a comprehensive multi sector action plan that will be launched this year, but is a rolling three year plan against which targets will be set; progress measured; and plans refined each year.
Part four concerns the institutional mechanisms for the implementation of the plan.
This plan is a living document. It needs to be canvassed widely among different stakeholders, and be adapted by provinces, local government and all spheres of society for implementation at various levels. However, given the gravity of the situation, it is critical that a start be made.
In launching a National Action Plan to End Gender Violence, South Africa is one of the first countries to heed the call of the UN Secretary General last year for all countries to develop comprehensive, multi sector action plans for ending gender violence. The programme identified also complies with the Addendum to the SADC Declaration on Gender and Development for Eradicating Violence Against Women and Children as well as several other regional and international instruments.
Thirteen years since the advent of democracy and of a Constitution with among the strongest provisions on gender equality in the world, Gender Based Violence [GBV] continues to undermine the human rights of South Africans, especially women and children.
The most effective weapon to fight violence against women is a clear demonstration of political commitment, such as statements by high-level government officials, backed by action and the commitment of resources by the State.
States should take urgent and concrete measures to secure gender equality and protect women's human rights.
States must close the gaps between international standards and national laws, policies and practices.
States should build and sustain strong multisectoral strategies, coordinated nationally and locally. They should also build on the work done by nongovernmental organizations (NGOs), scale up and institutionalize it and share experiences with other countries.
Strong institutional mechanisms are required at national and international level to ensure action, coordination, monitoring and accountability.
Men have a role, especially in preventing violence, and this role needs to be further explored and strengthened.
States should allocate adequate resources and funding to programmes to address and redress violence against women.
This National Action Plan is a multi-sector framework and approach for ending gender violence over the period 2007 - 2009. The plan is in recognition that no single sector, government ministry, department or civil society organisation is by itself responsible or has the singular ability to address this challenge. It is envisaged that all the South African government departments and civil society organisations will as stakeholders use this National Action Plan as the basis to develop their own strategic and operational plans to ensure unity of purpose and cohesion of efforts to achieve maximum impact in the process of eradicating this scourge.
In 2004, government set a target of reducing contact crime such as murder and rape by 7-10 percent every year until 2009, with a major focus on social crime prevention, integrated law enforcement operations, and the reduction of repeat offending. According to the South African Police Services statistics released in September 2006, murder is down by 2%, that is, 18,793 to 18,545 and rape by a mere 0.3 %, which is a fractional decrease from 55 114 to 54 926.
17.4 percent in Kwa-Zulu Natal; 13.4 percent in the Eastern Cape and 12.4 percent in the Western Cape. The North West, with 2.8 percent of reported rape cases, was the lowest.
The South African Institute of Race Relations published an analysis of Provincial crime profiles over an eleven year period 1994/95 - 2005/06 in Fast Facts No 1 2007, January 2007. The study reinforces the above statistical scenario. In the 11-year period, Limpopo, the Eastern Cape, and Mpumalanga reflected the highest increases in cases of rape, with each of these provinces showing an increase of well over 50%. As in the categories of murder and attempted murder, Gauteng and Kwa- Zulu-Natal led as provinces in which the highest number of rape incidents were recorded in 2005/06, i.e. 11 562 cases. The highest increase in the rate of rape occurred in the Eastern Cape, with an increase of 34%. Limpopo had the lowest rape rate in 2005/06, while the Northern and Western Cape provinces proved to be the most perilous for women to reside in.
All provinces except Gauteng showed three-digit increases in the number of reported indecent assault cases, 2001 cases in 2005/6 compared to 1019 in 1994/5 over the eleven-year period. The Northern Cape reflected the highest increase with 99 in 1994/5 compared to 359 cases in 2005/6. In 2005/06, the highest number of incidents occurred in the Western Cape and the lowest in Limpopo. Between 1994 and 2006, the rates of indecent assault increased by three digit figures in all provinces save Limpopo. The highest increase in the rate of indecent assault occurred, once more, in the Northern Cape. The Western Cape and the Northern Cape shared the dubious honor of having the highest rates of indecent assault [including attempted rape and sexual assault that does not include rape] in 2005/06.
Further, the Medical Research Council (MRC) estimates that one in nine rape cases are not reported at all. This is corroborated by a more recent MRC study in which a staggering one fifth of the young men interviewed admitted to having raped a woman (with 54 926 reported cases of rape, clearly not all of the women affected are reporting their experience).
Whilst the statistics seem to say one thing, there is a need to examine what the numbers do not say. [Gender Links: Gender Justice Barometer 2005: An Audit of Commitments Made During the 2004 South African Cyber Dialogues].
SAPS does not have a separate crime category for domestic violence. Most of such cases are included under indecent assault. The statistics prompt many more questions, and too few answers. For example, of the 226 942 cases of "assault with the intent to inflict grievous bodily harm" in the period 2005/2006, how many of those were men who were abusing their partners in a domestic relationship Another revelation in the annual statistics is that the overwhelming majority of contact crimes are perpetrated by persons known to the victim. Yet, the courts, police and society at large still find it very difficult to understand how a woman can be raped by a person she knows?
What is the link between these statistics and those for the number of protection orders issued every year Does an increase in the number of protection orders issued imply a positive shift in that more women are aware of their rights; or a negative development in that there is more violence in domestic relationships Does the withdrawal of a criminal charge laid by a victim of domestic violence imply that the situation has been remedied by means not requiring the law as the violent partner has gone for counseling and recognizes their behavior as unacceptable, or that the economic dependency of the victim on the abuser is such that they feel they would rather endure the violence than be left destitute if their partner is found guilty and sent to prison?
These are some of the questions that remain unclear and yet need to be addressed urgently. For example and against the advice of the South African Law Reform Commission (SALRC) and several NGO submissions on the importance of comprehensive treatment and care for survivors of sexual assault, the Sexual Offences Bill provides for Post Exposure Prophylaxis (PEP) at "designated sites" but nothing else. Yet, as the SALRC pointed out, it should be part of a package that includes counseling, the possibility of sexual transmitted diseases and pregnancy. Despite vociferous outcries by practicing and activist professionals in the Child Advocacy Field, the Sexual Offences Bill which is currently in the Council of Provinces does not [as it is due to be considered for promulgation], amongst others recognise the need to afford children and vulnerable groups special protection during the processes of investigating and managing the crimes committed against them.
Gender violence is not abating: The South African Police Services Statistics released during September 2006 showed that while there has been a general decrease in contact crimes, murder was down by 2% and, rape by a mere 0.3 %.
Old attitudes are dying hard: Various studies and opinion surveys, including one conducted by the Commission on Gender Equality (CGE), showed that there are still disturbing attitudes towards gender violence in society. These include the notion that it is justified for men to beat women; that women may provoke such behavior because of their dress and their conduct; and that men are feeling oppressed by a recent push for women's rights.
The Sexual Offences Bill, on the cards since 1996, has effectively still not been passed: While it is understood that several progressive amendments have been made and the treatment clause reinstated, the latest Draft of the Bill has not been opened up for thorough scrutiny. For instance and as stated above, the latest Sexual Offences Draft Bill currently before the South African Council of Provinces does not amongst others, recognize the need to afford children and vulnerable groups special protection during the processes of investigating and managing the crimes committed against them.
Problems with implementation persist: Studies show that a high proportion of domestic violence cases get withdrawn; that women face unfriendly responses from the police and that, the overall conviction rates remain unacceptably low.
The relationship between gender violence and HIV and AIDS is not adequately understood or addressed: Despite pledges made last year to conduct an audit into the availability of Post Exposure Prophylaxis (PEP) at health care facilities and despite mounting a public awareness campaign on the intersection between gender violence and HIV and AIDS, neither is adequately understood. Most women remain unaware of the need to avail themselves for this treatment; do so too late or do not adhere to the full regimen of treatment for a variety of reasons including a poor service support system.
Places of safety struggle to stay open: The majority of shelters in South Africa are provided by civil society organizations. The government subsidy that they receive is often not sufficient to finance the effective running of the shelter. Compounding the situation, foreign funding which previously contributed substantially to the running and maintenance of the shelters is declining as donors and good hearted philanthropists rightfully believe that it is the responsibility of government to provide these services.
Provision of services is fragmented, unevenly distributed and probably not cost effective: In virtually every instance - be it at the sexual offences courts and or at the one stop service centers, the Victim Empowerment Programme, places of safety or legal aid centers - there does not appear to be an audit of needs against existing facilities and resources to determine targets, timeframes and indicators for ensuring that a fully comprehensive set of services is made available to survivors of gender violence. Available data suggests that one stop centers and special sexual offences courts service less than ten percent of the need and that these are unevenly distributed across the country. Such specialized facilities are unlikely to reach all parts of the country any time soon. Yet alternative strategies - like making existing facilities more responsive to the needs and of forging closer links between government and NGOs - do not appear to have been fully explored.
Information is not readily available: There is a lack of access to information by ordinary women let alone all vulnerable groups. Crucial links on websites, for example to the Department of Social Development's [DSD] Directory of Services for survivors of gender violence, often do not work. Very little information is available in simplified form, in predominant languages, and in formats easily accessible to the public.
Coordination, particularly between government and civil society efforts, remains a challenge: Despite good working relationships around the Sixteen Day Campaign, lack of overall consultation on the Sexual Offences Bill, the IDMT's Anti-Rape Clustered Pillar Approach and various other key government initiatives reflect weak co-ordination within the gender justice sector precisely at a time when the problem is mounting, resources are shrinking; and greater synergies need to be achieved.
While measuring gender violence continues to be a challenge, the ensuing excerpts [Cf.
Courts toughen up on gender violence: The courts have continued to send out strong messages that gender violence is not acceptable and that the state will be held accountable for upholding the rights of women. Landmark cases include Omar vs the State, which upheld the provision for protective orders in the Domestic Violence Act (DVA); van Eeden versus the Minister of Safety and Security which found the Minister responsible for damages in a rape case involving three off-duty police officers as well as Carmichele versus the Minister of Safety and Security and another, which found the Ministers liable in a case of rape involving a rapist, for negligence in that the state did not take measures to protect the victim, whereat the prosecutor failed to inform the presiding officer that the accused had previously physically assaulted the victim.
New legislation has been passed: The passing of the far reaching Children's Bill by the National Assembly and significant progress towards the development of legislation to combat Trafficking in Persons are important milestones.
Sensitisation of law enforcement agencies: In response to criticisms about the ineffective implementation of the DVA, the Integrated Domestic Violence Training Programme has been launched and a multi-sector Training Manual developed.
Integrated approaches towards addressing gender violence show promise: The Thuthuzela Care Centres that are directly linked to Sexual Offences Courts - such as the Sexual Offences Court in Wynberg and the Thuthuzela Centre at Jooste Hospital in Manenberg in the Western Cape - have been shown to yield a 95 percent conviction rate, compared to the seven percent in other courts. These one stop service facilities also significantly reduce secondary victimization and trauma whilst assisting women in accessing the comprehensive treatment and care necessary after a sexual assault.
Treatment and care receive greater attention: The Department of Health (DOH) has launched a National Sexual Assault Policy that aims to provide "a high quality, coordinated, and holistic sexual assault service, which meets the health needs of the rape survivor, the needs of the criminal justice system for wellpresented medico-legal evidence and the needs of the community in contributing to community protection and justice."
Although some media coverage of gender violence continues to be biased and insensitive suggesting, for example, that women are to blame because of their dress or conduct, various studies underscore a vast improvement in both the quantity and quality of media coverage.
"Real men" are finding their voice: There is a growing "men's movement" in support of gender justice and the NPA has also launched an innovative partnership with traditional authorities to fight gender violence. Men are working with the media to promote alternative images and role models of the "new man."
Public awareness campaigns keep gaining momentum: Despite criticisms that the Sixteen Days Campaign is running out of steam, the Campaign seems to continue to be gaining ground with the latest move to extend the 16 Days Campaign to 365 Days of Action to systematically end GBV and VAWC in South Africa.
There are efforts under way to achieve greater coordination of initiatives: The 365 Day initiative led by SOCA includes an Anti-Rape strategy and audit of existing multi-sector Services, roll-out of additional Sexual Offences Courts and the up-scaling and escalation plan of Thuthuzela Care Centres and efforts to help the government and civil society to create synergies and focus efforts on specific programmes throughout the year.
From 3-5 May 2006, approximately 260 delegates gathered at Kopanong in Gauteng to develop a Plan of Action to seriously address the high levels of violence against women and children in South Africa. What emerged from this watershed Conference was sufficient consensus on the need to deepen and strengthen South Africa's resolve and practical approach to end violence against women and children and indeed, to extend the 16 Days of Activism to 365 Days of Action. The Outcomes Documents, the Kopanong Declaration (Annex A) and a Draft National Action Plan to End Violence Against Women and Children provide the guiding framework within which to do this.
These far-reaching documents build on the rich partnerships already in existence within and between government and civil society. They propose specific programme interventions with sets of targets, indicators and timeframes through which to monitor impact.
Convened by the Sexual Offences and Community Affairs Unit [SOCA Unit] of the National Prosecuting Authority [NPA], UNICEF and Gender Links, the Conference aimed to adopt and implement a comprehensive, multi-sectoral approach and strategies for ending gender violence.
This approach was informed by evidence from across the world which suggests that efforts to reduce levels of gender violence are more likely to be successful if they are collaborative, inter-sectoral, and involve a range of stakeholders including government structures and civil society organizations. This is because gender violence is a societal problem and as such requires a wide-ranging societal response.
A Planning Task Team - consisting of representatives from government and civil society organisations - undertook to develop the 365 Days Programme and National Action Plans and to assist with the Programme and Plan's implementation. The Task Team also undertook to involve all strategic partners including the Government Communications Information Services [GCIS], Department of Provincial and Local Government, the national gender machinery, government departments, UN Agencies and various civil society organisations.
A Programme Management Unit [PMU] serves as the Secretariat and provides Technical Support to the IDMT and to all structures and processes related to the Task Team's work. Four members of the Programme Management Office [PMO] assumed duties on 28 August 2006. Multi-sector consultations led by the PMO and Coordination and Communications Committee of the National Action Plan Task Team continued leading to the finalisation of this Strategic National Action Plan to be launched on 8 March 2007.
The following is the calendar of events identified by the National Convener for the 16 Days of Activism for No Violence against Women and Children Campaign, Deputy Minister for Provincial and Local Government, Nomatyala Hangana, between now and the end of the year to sustain the campaign throughout the year.
Heritage Day The main target is the rural areas and traditional leaders, regarding cultural and heritage issues.
While there are a multitude of challenges, this section identifies some of the priority areas under the sub-headings prevention, response, support, children and vulnerable groups as well as coordination and communication.
Strengthen capacity of men and boys to reduce gender based violence in partnership with women and girls.
Strengthen partnership with traditional and religious leaders to instill positive norm and values on gender relations.
Enhance community capacity to condemn gender based violence.
Awareness creation and raising programmes.
To develop and implement a comprehensive Communication Strategy to combat GBV.
To develop indicators and tools and, to have baseline data for effective impact assessment.
To train men and boys on legislation, human rights, and communication skills/negotiation skills.
To consult and attain buy-in from religious and traditional authorities to promote positive values and gender equality.
Increase the levels and depth of media coverage on gender specific issues and gender violence as well as an increase in the number of stories that mainstream gender.
Ensure that information and reporting on gender violence is easily understand clear and educative.
Involve all the media and representative media bodies e.g.
Days Programme and National Action Plan process to ensure maximum impact and for media organisations to mainstream gender issues in their institutions.
Ongoing Monitoring and feedback.
Developing gender policies in media houses.
Developing a directory of sources on gender violence, HIV and AIDS and guidelines for covering gender based violence.
Develop, enact and implement a comprehensive legislative framework that gives effect to rights of women to be free from gender based violence by May 2008.
Cost laws in place and develop business plans.
Ensure that the Sexual Offences Bill is passed by the second quarter of 2007 - after public comments.
Resolve status of and finalize the development of the Roll-out Plan of specialized/dedicated Courts by November 2007.
Justice Ministry to fund meeting between Justice Ministers and think tank of civil society once every year.
Integrated Case Management operating on minimum standards with a view to increasing conviction rates of perpetrators of gender based violence.
Reduce Secondary Victimization by improving support services to survivors of gender based violence.
Alignment of targets and success indicators within the Criminal Justice System.
Minimize levels of Secondary Victimisation.
Standardize and coordinate services between stakeholders and strategic partners.
Audit of all specialised services, assess audit to influence best practice model and develop a best practice model.
Roll-out Plan and Strategy for Sexual Offences Courts, including establishing immediate link with existing civil society service providers.
Develop a Joint, Integrated Training Plan to deal with GBV and Child Abuse.
Set up a Reference Body to co-ordinate the above with Institutions of Higher Learning and to include VEP principles re GBV and Child Abuse (Global And International Priority).
To deliver on a Comprehensive Programme on treatment and care of survivors/victim of gender based violence.
Implement the National Policy on Sexual Assault Care Practice and the Management Guideline - an Oversight Committee must be established by the Gender Focal Point Directorate of the Dept of Health (this structure must include provincial representation, and civil society organizations) by 2007.
Provide information to all role players on the policy and guidelines.
Provide information to survivors/victims on the services and their rights educational materials for role players on the issues (with an emphasis in using materials already developed by NGOs and others).
Develop a comprehensive National Policy and Guidelines for the treatment and care of victims/survivors of domestic violence, using as a model the development of the Sexual Assault Policy and Guidelines by 2007.
Each Province to develop and implement a comprehensive plan to establish psychosocial and mental health care for victims/survivors of gender based violence starting by 2007.
Mobilize resources for shelters (e.g.
Formulate a Policy Framework on partnerships between governmental and civil society organizations.
Facilitate the economic empowerment of the community with an emphasis on vulnerable groups e.g. women, disabled people and youth taking cognisance of the intersection of race, class, location, disability and sexuality.
consolidate patriarchy and the oppression of women (e.g. religious, traditional, cultural, educational, media, business institutions, etc.) through an integrated approach to combat VAWC and to realize the inherent dignity of women and men, boys & girls.
To task CGE to coordinate with relevant stakeholders teacher unions, tertiary institutions, education policy groups etc to comprehensively monitor and critique the curriculum of educators and learners in order to assess whether the curricula enhances/promotes the culture of human dignity and gender equality.
NEDLAC, SANGOCO, Business SA, NALEDI, SEDA , SANE (SA New Economics), AIDC & the emerging social movements (sector enterprise development agencies) etc. to evaluate the effectiveness of the approach and the potential to positively impact on economic development of women (develop base-lines to see if real PPPs exist and then to monitor their impacts and thirdly their relation to women.
Coordinate consultative meetings with FBOs, cultural and traditional leaders, media and SANEF, educational authorities and the organized business sectors to assess their role in the 365 Days Programme and National Action Plan to end gender based violence and to ensure real economic empowerment of women.
To establish the economic link between ASGISA and existing Social Policies (with specific relevance to VAWC) and to establish whether ASGISA is a detached reality with too much emphasis on economics or a reality that is here to improve the quality of life of all including South African women.
Legislation and Policy (Response) -The timeous development, promulgation, resourcing and implementation of Legislation and Policy to effectively prevent and respond to the violence against women and children.
Such Legislation and Policy must be integrated, appropriate, complementary and harmonized with International Conventions on women and children.
Service Delivery (Care and Support) - The timeous implementation of services to respond to violence against women and children that are accessible, women and child-friendly, integrated, inter-sectoral and in line with International Conventions.
Prevention -To research causes of violence against women and children and to translate such findings into prevention strategies, programmes and mechanisms making women and child-protection everybody's responsibility.
Legislation and Policy (Response) - To fast-track promulgation and implementation of Policies and Legislation without compromising consultation and the provisions of such Policies and Legislation. On the Short-Term and ongoing, to ensure implementation is adequately resourced (material and human resources) and managed (Medium-Term and continuous).
Service Delivery (Care and Support) - To develop a common understanding of what constitutes child protection via the Child Protection Strategy process and Protocol development and implementation on all levels of service delivery (Short-Term). To conduct an Audit of existing multi-sectoral services and identify overlaps and gaps (Short-Term). To address such identified gaps and develop services in underresourced areas (Medium- Term and continuous). To develop Norms and Standards of service delivery with a view to developing and retaining skilled personnel across all sectors so that best practices can be implemented by all child protection practitioners (Short-Term).
Prevention - To create safe spaces for children in their own communities and environments by addressing infrastructure (roads, lights, signs) issues that make it safer for children to travel (Short and Long-Term). To develop support systems for families- such as child-care, recreational facilities, parenting training programmes and to also develop and build capacity within school-governing bodies (Short-Term and continuous).
(Short-Term and continuous). To monitor and research programmes to identify best practices by formal training (Short-Term and continuous).
Harness the capacity of all stakeholders; develop partnerships and synergies, assign each other roles and responsibilities around the shared goals of ending gender violence.
Enhance ownership and accountability and maximize impact through concerted action.
Ensure that the 365 Days Programme and National Action Plan is effectively led, managed, implemented, monitored and evaluated.
Establish, consolidate and implement the agreed coordinating structure and a Secretariat based either at the NPA's SOCA Unit or in the Office of the Deputy President and seek technical expertise through the United Nations for such a structure if necessary.
Finalise the Short-Term Annual Action Plan; receive any additional inputs for the Medium to Long Term Action Plan by the end of June 2007; consult widely with other stakeholders by 9 August 2007; (adopt the next 365 Days Programme and National Action Plan at the end of 2007 Sixteen Days Campaign); identify the overarching programme and planning priorities and their indicators and publicize such during the 16 Days Campaign.
Engage with SAPS regarding effective ways of obtaining specific statistics on domestic violence and ensuring that this aspect of gender based violence can be effectively reported, recorded and monitored.
There is need to formulate a set of key quantitative and qualitative indicators to measure, monitor and manage the integrated efforts and progress towards ending gender based violence across the thematic pillar clusters.
How the programme is implemented.
Audit of Multi-Sectoral Multi- IDMT, BP Models & Audit Report March 07 to R3.
Services Sectoral Service Providers National Lead NGO & prov.
Supporting Care Givers [including Training Trainers]&Support Services Providers Training Trainers, Care Givers & Support Services Providers The IDMT, Clustered Supports Task Team & Prof.
Marketing Communication Strategy of the 365 Days Programme and National Action Plan Government & Civil Society Organizations The IDMT & NAP Launch Task Team A seamless [from the 16 Days Campaign to the 365 Days Programme and NAP] Implementable Communications & Marketing Engagement Strategy January 07 to February 07 R1.
365 Days Programme and NAP Launch Government & Civil Society Organizations The IDMT's Coordination & Comms. Committee awa the 365 Days Programme and NAP Launch Preparations Task Team An Implementable 365 Days Programme & NAP Launch Strategy & Launch Event Programme A 365 Days Programme & NAP Launch Strategy & Launch Event Programme January 07 to March 07 R2.
Establishment of a Consultative Forum & Meetings outreach & Engagement Strategy for the 365 Days Strategic Partners & Critical Stakeholder Govt. Depts.
Programme & NAP for Buy-in by Structures not on Board Not on the IDMT & CSOs not on the 365 Days Programme & NAP Task Team NAP Coord. & Comms.
Assistance towards Planning, Self Organizing & a Coordinated Approach by NGO's NGO's The IDMT Support with planning & Self Delegated Mandates & Authorities Authorized representatives on the IDMT Structures April o7 to Sept.
The 365 Days Programme & NAP Annual Event Government & CSOs The IDMT, the Coord. & Comms Committee Review, Reflections & Evaluation of Progress on the 16 Days Campaign & the 365 Days Programme & NAP Processes Reflection Reports & Action Plans going forward May or November each year R800K R1M R1.
Rights-based Issues & Functional IDMT & the Workshops 3 National & 9 Quarterly R2.
The Budget figures are expressed as "estimates" as they have not been allocated in reality and, the Budget Columns are extended to 2009/10 to allow for possible special considerations by National Treasury as other funding options are being pursued.
Took liberties to add two otherwise critical issues for the Prevention Pillar as the Marketing and Communications Strategy is a Cross-Cutting Issue albeit shuttled by the Coordination and Communications Committee.
Set-up/Establishment Costs = R800K per TCC and R500K per Shelter.
Event/Conference and Launch, respectively and, taking into consideration that these are events of national significance [with approximately 1,500 delegate participants each].
Develop an integrated Government & IDMT's NAP Launch Launch Strategy, Jan.
and comprehensive Civil Society Launch Prep Concept Programme & Feb. 07.
NAP Cf.
Develop a Prevention Implementation Plan of the National Communication Strategy Cf. Coord & Coms Comt in the Media Houses, Men & Boys Orgs, Vulnerable Groups, Cultural, Edu. & Traditional Structures & Policy IDMT, GCIS & CSOs Preventative Educational Programmes, Advertisement s, Opinions & Awareness A Prevention Communication Plan, Curricula, Dialogues, Ads, Messages & Awareness By Feb 28, 2007 & others ongoing R1M R2M R2.
Strengthen the capacities of existing Prevention Programmes & focus on the development & implementation of additional synergistic Prevention Programmes, Intervention Efforts & Mechanisms against GBV and VAWC [Cf.
Mobilize & share IDMT & CSOs IDMT & the Capacity & 50% required Ongoing R20 000 financial and human GoSa's National PMO Resourcing Funding (HR for 4 resources to support Treasury & awa a Canvassed.
Support and Document Dialogue and Speak-out Programmes & Sessions. Share outcomes Government & CSO's Members Nationally, Provincially & Locally IDMT Members, GL, WomensNet, Women's Orgs, Western Cape Network, DAC, Engender Health A conducive climate & culture to Speak-out on Short Stories [90 stories told pa]; Video Clips, Books [3 pa], Documentaries [9 pa], CDs [9 pa].
Develop a Communication Strategy for combating GBV within Schools Learners, Educators, School Governing Bodies IDMT & DOE, Reduced incidences of GBV in schools National Schools Communication Strategy against GBV with clear Implementation and Monitoring Plans April 07 to June 07 & Launched during the Child Protection Week.
Organize & Hold Parents, IDMT & Organized Participants Organized R3.5M R3.5M R3.
Community Dialogues Learners & Womens' Community i.e.
Stakeholders on GBV & KZN, FS, EC & NC.
VAWC in Education.
Organize & Hold a School going Girls IDMT & DoE National & I National April 07 to R4.5M R4.5M R4.
Develop Functional Community Partnerships & Implement Capacity Building Programmes on GBV/VAWC for SAPS Officers & Cadets SAPS Investigative Officers & Trainee Cadets IDMT & SAPS & its Training Colleges Partnerships with FBOs, CBOs & Increased Sensitivity, Detection & Investigations of GBV/VAWC Cases Functional Partnerships with FBOs & CBOs awa Increase # of Trained and Deployed Police Officers patrolling Communities. April 07 to Sept 07 & Ongoing R1.2M R1.2M R1.
Promote & Accelerate the use of Environmental Crime Prevention Design in South African Cities, towns & Communities Expanded IDMT DPLG, SAPS, DoT, Dept Of Appropriate City & Regional Planning Flood Light Installations & Maintenance e.g.
Timeframes 2006/07 2007/08 2008/09 the Infra-Structural Developments of Public Spaces, Transport, Housing , and Public Halls, etc.
Develop, Encourage & Men, Women, IDMT, Heightened Clarion Call to Ongoing R 1.2M R 1.2M R 1.
Cf.
Gender Sensitivity, Training Trainers IDMT, the Training Modularized & Ongoing R8M R7M R4.
Workshops [Cf.
Develop, Support & Implement a Governance Calendar of Significant Women's Dates e.g.
Accelerate Visible Orchestrated Campaigns & Lobbying Efforts for the Promulgation of e.g.
Organize & Undertake The Orchestrated Take Back the Night Marches & Vigils during the 16 Days Campaign The Top Nine Communities with the Highest Reported Rape Cases per Province IDMT, SAPS, Gender Links, One in Nine & Other relevant CSOs National Campaign to Address & show the link between GBV/VAWC & HIV/AIDS Orchestrated Marches & Vigils Ongoing R1.5M R1.5M R1.
Orchestrated Public various & varied Clustrd. Coord.
Awareness Campaigns South Africans & Comms Heightened Awareness 1K Ongoing to Aid & Facilitate the within their Com.
DVA awa the Maintenance Act Right's Watch & relevant CSOs Allocation of Maintenance Investigators Allocated Maintenance Investigators & Ongoing R4.5M R4.5M R4.
Train Trainers, Maintenance Officers & Service Providers on Provisions of the DVA, the Maintenance Act & Reporting Mechanisms thereof Victim Empowerment Practitioners, SAPS, Court Officials, Prosecutors IDMT's SOCA UNIT & relevant Institutions Training the Trainer Programme & the VEP Workshops 30 Trainers [3 per Province] & 1 Multi-Sectoral Workshop X 25 VEP Practitioners per Province April 07 to March 08 & Ongoing R1.8M R1.8M R1.
Complaints relating to of GBV & Domestic Line Service & a Hot Line to March 08 the DVA, Protection Orders, etc Violence Providers 350 individuals R3.5M R3.5M R3.
Conduct Anti Rape Campaigns at all Levels & in all Spheres of the GoSA & the South African Society South African Urban & Rural Communities awa Men & Women's Orgs Expanded IDMT National, Provincial & Local Public & Community Awareness Workshops National [1 X 30], Provincial [9 X 300] & Local [156 X 50] Public & Community Awareness April 07 to March 08 & Ongoing R2.5M R2.5M R2.
Assess & Evaluate the The Criminal IDMT & Other Integrated Improved April 07 to R2.
National Victim Survivors of GBV & CSOs Framework Resources R4.
Translation into R3M R1.5M R1.
Perform a Provincial Needs Assessment & Conduct a Qualitative Psychosocial & Mental Psycho-social Services Providers, Victims & Survivors of IDMT [DoH, DSD & DoE] & relevant CSOs Standardized Study, Needs Assessment, Psycho-social Uniform Approach, Established Needs & Study April 07 to Sept 07 & Oct 07 to R4.
Health Needs Study of Victims & Survivors of Sexual Offences in South Africa Domestic Violence & Sexual Offences Study Findings & Recomedation s Lessons & Findings March 08 R2.
Conduct an Audit of Support Services & their Providers including the Programmes they offer to Victims, Perpetrators & Caregivers. To identify Gaps and Develop Plans to close such Social Service Providers IDMT & DSD GIS Baseline Data of Services available and gaps in services identified.
Assess Needs of Shelter Requirements, Targets and Indicators for Delivery.
Maintain Established Shelters' Staffing, Operational, Physical Structures, Financial Programmes, etc.
Establish Additional Shelters over & above the 86 in existence at the end of 2006 Shelters' Needs in Rural Areas of Mpumalanga and KZN; two Shelters IDMT & DSD Ensuring that Survivors have Access to more 2 more Shelters in each Province per year.
Timeframes 2006/07 2007/08 2008/09 annually in partnership with Provinces.
Spheres of Government of Govt Shelters as a Establishing available e.g. Local Government.
Negotiate & Link Shelters to Skills Development & Income Generating Efforts & Programmes Interventions for the Sustainability of Survivors DSD, Dept of Labor, SETAS, Dept of Housing, DPLG, DTI & ASGISA Expanded IDMT [DSD, IDMT, DTI, ASGISA & the Joint Initiative on the Acquisition of Priority Skills] & Other CSOs Victims Transformed & Developed into Survivors who become Self-Sufficient & Economically Independent. Acquired Life & Entrepreneurial Skills to Survive & Generate Income for Self-Sustainability April 07 to Sept 07 & Ongoing R1.5M R1.5M R1.
Develop a Concept Paper & Conduct Research on Access to Affordable Housing for Women Experiencing GBV after they have been in Shelters Survivors who wishes to leave their homes & places of safety IDMT, DSD, Women's Centre, NVAW, Shelters & Dept of Housing Concept Paper Understandin g the Rights & Options open to women who wish to leave their Concept Paper & Research Report.
homes and places of safety.
Timeframes 2006/07 2007/08 2008/09 relevant Facilities e.
Mobilize Resources, Integrate & Implement the IDMT's Budgeted Programmes for Addressing GBV into the Provincial & Local Government's Integrated Development Plans. Provincial & Local Govt IDP's IDMT, the Provincial & Local Govts awa Other relevant CSOs IDMT's PMO Operational Structure & Mobilized Resources to Effectively Address GBV Changed Legislative Framework & Sensitive By-Laws awa Transferred & Retained Skills & Effective IDPs to Address GBV April 07 to Sept 07 & Ongoing R1.5M R1.5M R1.
Ensure that DV is not a GoSA, CSOs & IDMT SAPS, Understandin Qualified April 07 to R4.5M R4.5M R4.
Timeframes 2006/07 2007/08 2008/09 services.
Ensure that the Residential Economic Empowerment Programmes create an appropriate enabling non-exclusionary environment for Victims & Survivors. Project Consolidate ASGISA, JIPSA IDP's, etc.
Advocate for, Train, Support & Ensure that Universal Access to Credit & Capital, Technology & Supports are an Equal Reality for Victims & Survivors Women in business, vendors (streets), stokvels, corporates, informal sector Expanded IDMT [DTI, DoL] Khula, Banking Institutions, NEF, UYF Presidential Revolving Loan Fund, Empowerment , All-round Growth [about their Basic Human Rights, Life & Survival Skills] & Development Informed Competent Economic Independent Citizens April 07 to March 08 & Ongoing R15.5M R15.5 R15.
Establish GBV Disaggregated Indicators & Headline Targets Census SA, SAPS Crime Stats, GDPs Expanded IDMT, Stats SA, HSRC, Universities, ISS & other relevant CSOs Disaggregated GBV Indicators & Headline Targets Relevant Indicators & Statistics April 07 to March 08 & Ongoing R1.5M R1.5M R1.
Develop & Implement a Comprehensive M&E System to Track the DPLG, DTI, DoL, SETAS, Employers, NEDLAC; Unions Expanded IDMT Effective Interventions & Supports, Effective Interventions & Supports, April 07 to March 08 & Ongoing R2M R2.5M R2.
Survivalist in the formal economy Cf.
Communications and Government & The IDMT & A seamless Communication January 07 R1.
Establishment of a Consultative Forum & Meetings Outreach & Engagement Strategy Strategic Partners & Critical Stakeholders Govt. Depts.
for the 365 Days Programme & NAP for Buy-in by Structures not on Board on the IDMT & CSO's not on the 365 Days Programme & NAP The IDMT & NAP Coord. & Comms.
Assistance towards Planning, Self Organizing & a Coordinated Approach by NGO's NGO's The IDMT Support with planning & Self Organizing by the NGO's themselves Delegated Mandates & Authorities Authorized representatives on the IDMT Structures April o7 to Sept.
The 365 Days Government & The IDMT, the Review, Reflection May or R800K R1M R1.
Programme & NAP CSOs Coord.
Rights-based Issues & Legislative Framework Awareness Creation & Raising, Appropriate Messages & Messaging Campaigns Functional Activists & Professionals dealing with Women & Children School-going IDMT & the Clustered Support Services Task Team Workshops Campaigns Adds National & 9 Workshops to 25 Participants each per province Quarterly R2.
Children & Community Members 4 Public Awareness Campaigns reaching out to 250 participants each per Quarterly R1M R2M R2.
Develop a Monitoring & Evaluation System & Automated Efforts The IDMT's 365 Days Programme & NAP IDMT & the NAP Coord. & Comms Committee M&E System, Site Visits, M&E System, Site Visits & Quarterly Monitoring R500K R1M R1.
Progress Monitoring Site Visits R1.5M R1.
Monitoring & Independent Evaluations Notes for the Record & Reports awa Evaluation Reports & Annual 3rd Party or Independe nt Evaluations R1.
To constitute and define the modus operandi of a strong multi-sector task team that will ensure implementation of, and mobilisation of resources for, a National Action Plan to End Gender violence drawing on all spheres of government and sectors of society, in all parts of the country.
Ensuring that structures are replicated from ward to district to provincial level.
Tolerance for and engagement with opposing view points.
Harnessing the energies of all sectors of society.
Promoting synergy; avoiding overlap.
Using the Sixteen Days to reflect on progress; set new targets and benchmarks each year.
Ongoing monitoring and evaluation to ensure that targets are met and corrective action taken as appropriate.
Government (National, Provincial, Local).
Legislatures (national, provincial).
365 DAY FORUM= Government (National, provincial, local); Civil Society (NGOs, CBOs, FBO, Unions; traditional authorities); Legislatures; Business.
The task team shall comprise representatives of the theme committees, provincial and local government.
Members of the theme committees nominated at the Kopanong conference, were added to at the first meeting of the Task Team on 8 June 2006.
In accordance with proposals made at the Kopanong conference, the theme groups have been clustered into: prevention, response, support, children and other vulnerable groups, coordination/monitoring and evaluation.
The composition of the Task Team may be reviewed from time to time to ensure broad-based participation.
The independence of all representatives is affirmed.
At the same time, the task Team is united by the common goal of ending gender violence through a concerted and collaborative campaign.
The Task Team shall seek, as far as possible, to develop synergies among its members towards this common objective.
To popularise the Kopanong Declaration and ensure that the draft National Action Plan is canvassed widely, among all sectors, in all spheres of government, and among all women and men in all parts of the country.
To ensure coordination among all stakeholders and in all spheres of government in the development and implementation of the National Action Plan to End Gender Violence.
To develop and publicise over-arching targets and indicators.
To issue progress and annual reports that track progress.
To identify gaps and areas for further action.
To identify, consolidate and prioritise action plans for stepping up and ensuring effective prevention campaigns.
To set targets and indicators for achieving this.
To monitor and evaluate implementation.
To identify, consolidate and prioritise action plans for stepping up and ensuring effective response mechanisms.
To identify, consolidate and prioritise action plans for stepping up and ensuring effective support for survivors of gender violence and rehabilitation of offenders.
To ensure that effective multi-stakeholder committees to end gender violence are replicated at provincial level (led by the NPA?
To set targets and indicators for ending gender violence at provincial level.
To ensure that effective multi-stakeholder committees to end gender violence are replicated at district and ward level (led by the NPA)?
Meetings every (one month to six weeks) of the committees?
Quarterly meeting of the Task Team.
Interim report for the Sixteen Days of Activism 2006.
Launching of the 2007/2008 Action Plan on 8 March, International Women's Day 2008.
Action plan each year on 8 March; interim assessment and action planning during the Sixteen Days for adoption the following year.
The equality clause which outlaws unfair discrimination on grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
The right to human dignity.
The clause on freedom and security of the person which states that everyone has the right to "bodily and psychological integrity". This includes the right to make decisions concerning reproduction; to security and control over one's body and to dignity.
Socio-economic rights such as right to adequate housing, health care services, food, water and social security.
The statement that in cases where customary law or any law conflicts with the Constitution, the Constitution takes precedence.
Strengthen and place far greater emphasis on prevention through forging effective partnerships with all stakeholders, including schools, parents associations, community based organizations, the media, local government, traditional and religious leaders and the private sector; as well as develop criteria for monitoring the effectiveness of such campaigns.
Ensure men work together with women in eliminating patriarchy.
Create a safe physical environment.
Promote a holistic, empowerment approach to eradicating violence against women and children that takes account of the intersection of race, class, location, disability and sexuality and of the role of poverty and economic inequality in fuelling this scourge.
Eradicate violence against women and children in a targeted and measured way over the coming decade, based on baseline data on sexual offenses, domestic violence, sexual harassment, hate crimes and identity based violence to be established as part of the action plan.
Develop, enact and implement a comprehensive legislative framework that gives effect to the rights of all citizens especially women and children to be free from gender based violence; cost the laws in place and develop business plans, for their implementation.
Ensure an integrated case management system operating on minimum standards with a view to reduce cycle times and increase conviction rates of perpetrators of gender violence.
Eliminate secondary victimisation by improving services to survivors of gender violence and ensure that every survivor has access to comprehensive treatment, victim friendly care that is standardised and coordinated between the various service providers.
Provide effective support and help to empower survivors of gender violence to reclaim their lives and dignity; as well as to rehabilitate perpetrators.
Put in place effective monitoring and evaluation mechanisms.
The Sexual Offences Bill is passed after a further round of public comment.
The Children's Bill is passed as part of the development, promulgation, resourcing and implementation of legislation and policy to effectively prevent and respond to violence against children harmonised with international conventions, standards and norms.
An audit of all specialised services (forensic clinic services, one- stop centres, Victim Empowerment Centres etc) is conducted to determine what exists and to develop a best practice model.
The drafting of a joint, integrated training plan on violence against women and children and a body to co-ordinate the above.
Development of implementation plans for all existing policies and procedures on gender violence including the National Policy on Sexual Assault Care Practice. This should include provincial and civil society representation and should have a strong public education and awareness component.
Formulate a policy framework on partnerships between government and nongovernmental organisations in the provision of shelters and places of safety to include all stakeholders, including local government.
Canvass the draft action plan extensively with all stakeholders, especially those not represented at this conference, and those that have the capacity to ensure that this plan is effected at community level, such as local government, schools and traditional authorities.
Put in place the coordinating structure for the National Action Plan including a multi-sector task team comprising representatives of all the working committees and a Council of Deputy Ministers chaired by the Deputy Minister of Local Government as the champion of the Sixteen Day campaign.
Put in place a secretariat with the necessary technical support to ensure effective capacity and implementation.
Finalise the short term action plan for the next six months by June and receive any additional inputs for the medium term action plan by the end of June with a view to adopting the 2007 Action Plan at the end of this year's Sixteen Day campaign on 10 December.
We commit to collective resource mobilisation to ensure that these actions are taken. We will hold each other mutually accountable for the actions we have pledged to ensure that every woman and child in our nation is able to enjoy the rights to which they are entitled by our Constitution.
Agreed this 5th day of May 2006.
Join the national plan!
Romi Fuller CSVR F 011 403 5650 072 359 3856 rfuller@csvr.org.
Lisa Vetten Tshwaranang F (011) 403 4267 082 822 6725 lisa@tlac.org.
Lulama Nongogo Dept of Justice F (012) 315 1830 lnongogo@justice.gov.za nomathebula@justice.gov.
Joyce Maluleke Dept of Justice F (012) 315 1671 jmaluleke@justice.gov.
Brownyn Pithey National Prosecuting Authority F (021) 487 7193 084 702 7305 bpithey@npa.gov.
Donna Smith FEW F (011) 339 1867 donna@few.org.
Christo Esterhyin SAPS 012 421 8471 012 421 8216 (fax) cpviolence@saps.org.
Mbali Mncadi SAPS F 012 421 8036 082 778 2873 012 421 8216 cpviolence@saps.org.
Gladys Mangwani SAPS F 012 421 8072 012 421 8216 (fax) cpviolence@saps.org.
Samantha Waterhouse RAPCAN F (021) 712 2330 084 522 9646 sam@rapcan.org.
Dr Zodidi Tshotsho Dept of Social Development F (012) 312 7883 082 416 8132 zodidit@socdev.gov.za lindiwe.huma@socdev.gov.
Fiona Nicholson Thohoyando Victim Empowerment F (015) 963 1222 fi.tvep@lantic.
Pierre Smith National Prosecuting Authority M 012 845 6136 084 688 5516 psmith@npa.gov.
Liesl Gerntholtz Tshwaranang F (011) 403 4267 083 600 3592 liesl@tlac.org.
Rachel Jewkes MRC SAGBV F (012) 339 8582 rjewkes@mrc.ac.
Ms Siyani Marima Dept of Health F (012) 312 0201 084 404 4448/082 334 4271 marims@health.gov.
Sally Jean Shackelton Women's Net F 011 429 0000 082 330 4113 sallys@womensnet.org.
Ester Maluleke Dept of Health F 082 490 9373 012 312 0527 malule@health.gov.
Shoki Tshabalala Dept of Community Safety F (011) 689 3653 shokit@gpg.gov.
Zubeda Dangor NISAA F (011) 854 5804 Zubeda@nisaa.org.
Rabbuh Raletsemo Engender Health Men as Partners Project M 011 833 0503 082 331 6311 rraletsemo@engenderhealth.
Phumeza Mafani National Prosecuting Authority F 012 845 6131 084 291 2782 pmafani@npa.gov.
Mokgethi Tshabalala Engender Health Men as Partners Project M (011) 833 0505 083 415 4470 mtshabalala@engenderhealth.
Mmabatho Ramagoshi National Dept of Education F (012) 312 5420/65 083 258 4242 Ramagoshi.m@doe.gov.
Kubi Rama GEMSA F (011) 622 2877 082 378 8239 ceo@gemsa.org.
Ilva Mackay GCIS F (012) 314 2402 082 552 1314 ilva@gcis.gov.
Vani Moodley Vuka Uzithathe F (031) 307 3842 vukainst@iafrica.
Renald Morris OSISA M (011) 403 3414 082 882 9775 renaldm@osisa.org.
Gertrude Fester Independent F (021) 557 5159 082 373 4419 gertrudef@absamail.co.
Joan Van Niekerk Childline (031) 563 5718 083 303 8322 joanvn@iafrica.
Luke Lamprecht Teddy Bear Clinic M (011) 481 5165 (011) 481 5144 lamprechtl@medicine.wits.ac.
Ms R Tladi Dept of Justice (Family Law & Child Justice F (012) 315 1998 (012) 315 1851 elfourie@justice.gov.
Kay Brown National Treasury F 012 315-5189 Kay. Brown@treasury.gov.
Colleen Lowe Morna Gender Links F 011 622 2877 082 651 6995 clmorna@mweb.co.
Fay Nagia-Luddy Gender Advocacy Program F (021) 465 0197 dv1@gender.org.
Thoko Majokweni National Prosecuting Authority F 012 845 6136 084 418 0577 tmajokweni@npa.gov.
Werner Krause National Treasury M 012 315 5211 012 323 6623 (fax) werner.krause@treasury.gov.
<fn>GOV-ZA.20074011En.2012-02-10.en.txt</fn>
"We are also concerned at the negative impact in the host countries, many of which have fragile socio-economic conditions. In this regard, the decision of the EXCOM Member States to discuss this matter at this session is timely and of critical importance. We believe that Member States will continue to work towards a solution so that we can adopt the conclusion" said Minister Dlamini Zuma.
"When such a large number of people are forced to live in camps and settlements with very limited rights and opportunities, it could expose them to security threats including possible recruitments into armed groups" continued Minister Dlamini Zuma.
"This has led to the African Union convening a special summit of Heads of State and Government in Kampala hosted by the government of Uganda in October 2009. We are looking forward to working with the UNHCR and other partners to develop sustainable solutions for addressing the challenge of forced displacement in Africa" concluded Minister Dlamini Zuma.
<fn>GOV-ZA.2007AdminjusticeEn.2012-02-10.en.txt</fn>
The department's four national core branches are Court Services, Master of the High Court, Legal Advisory Services, and Legislative and Constitutional Development.
The National Prosecuting Authority (NPA) forms a separate programme on the department's Budget Vote.
To ensure the efficiency of its services and to enhance accessibility, the NPA, Court Services and the Master of the High Court have established provincial and local structures linked to courts to co-ordinate the implementation of national policy. Legal Advisory Services has also established stateattorney offices in Pretoria, Johannesburg, Cape Town, Bloemfontein, Kimberley, Port Elizabeth, East London, Thohoyandou and Durban to provide decentralised services.
the South African Human Rights Commission (SAHRC) promotes and monitors the observance of human rights in South Africa the Commission on Gender Equality (CGE) aims to create a society free from gender discrimination and any other forms of oppression the Public Protector investigates any alleged improper, unlawful or prejudicial conduct in state affairs or in public administration in any sphere of government.
the Special Investigating Unit (SIU) provides professional forensic investigating and litigating services to all state institutions at national, provincial and local level to combat maladministration, corruption and fraud, and to protect state assets and public money the Legal Aid Board (LAB) provides legal aid and representation to indigent people at the State's expense.
The department has received a further R1,9 billion to, among other things, increase court capacity, reduce case backlogs, modernise the integrated justice sector, and increase the statutory provisions for judges and magistrates' salaries over the next three years.
Between 2003/04 and 2009/10, the department's budget is expected to increase at an average annual rate of 13,6%, from R5 billion to R10,6 billion.
The department's total budget for the 2007/08 financial year was R8,5 billion. Some R2,9 billion was allocated to the Court Services branch, including R467 million to improve infrastructure. Some R1,8 billion was allocated to the NPA and R925 million went to the institutions.
The Constitution of the Republic of South Africa, 1996, is the supreme law of the country and binds all legislative, executive and judicial organs of the State at all levels of government.
high courts, including any high court of appeal that may be established by an Act of Parliament to hear appeals from high courts magistrates' courts any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either high courts or magistrates' courts.
In line with this, Parliament has also established special income tax courts, the Labour Court and the Labour Appeal Court, the Land Claims Court, the Competition Appeal Court, the Electoral Court, divorce courts, "military courts" and equality courts.
The Minister of Justice and Constitutional Development, Ms Brigitte Mabandla, is leading a process to rationalise high courts. The Superior Courts Bill, which was introduced in Parliament in 2005, will abolish the last remnants of the homeland-based supreme courts, and will introduce new provincial divisions of the High Court in each province. Their jurisdiction and capacity will be determined in accordance with people's needs. This will result in the opening of high courts in Mpumalanga and Limpopo, which the Pretoria High Court currently services.
There are 218 permanent judges and at any given time and also a fluctuating number of acting judges.
The Constitutional Court, situated in Johannesburg, is the highest court in all constitutional matters. It is the only court that may adjudicate disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state, or that may decide on the constitutionality of any amendment to the Constitution or any parliamentary or provincial Bill. The Constitutional Court makes the final decision on whether an Act of Parliament, a provincial Act or the conduct of the President is constitutional. It consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine Constitutional Court judges. Justice Pius Langa is Chief Justice of South Africa and Justice Dikgang Moseneke is Deputy Chief Justice. There are 11 constitutional judges.
The SCA, situated in Bloemfontein in the Free State, is the highest court in respect of all other matters. It consists of the President and Deputy President of the SCA, and a number of judges of appeal determined by an Act of Parliament. The SCA has jurisdiction to hear and determine an appeal against any decision of a high court.
Decisions of the SCA are binding on all courts of a lower order, and the decisions of high courts are binding on magistrates' courts within the respective areas of jurisdiction of the divisions. The SCA comprises 23 judges, including its president.
There are 10 high court divisions: Cape of Good Hope (with its seat in Cape Town), Eastern Cape (Grahamstown), Northern Cape (Kimberley), Orange Free State (Bloemfontein), Natal (Pietermaritzburg), Transvaal (Pretoria), Transkei (Mthatha), Ciskei (Bhisho), Venda (Sibasa), and Bophuthatswana (Mmabatho). Each of these divisions, with the exception of Venda, has a judge president and, if the Judge President so determines, one or more deputy judge presidents, and as many judges as the Judge President may determine from time to time.
There are also three local divisions: the Witwatersrand Local Division (Johannesburg), Durban and Coast Local Division (Durban) and South-Eastern Cape Local Division (Port Elizabeth). Judges in these courts preside over these divisions.
These itinerant courts, each presided over by a judge of the provincial division, periodically visit areas designated by the Judge President of the provincial division concerned.
The Land Claims Court and the Labour Court have the same status as the High Court. The Land Claims Court hears matters on the restitution of land rights that people lost after 1913 as a result of racially discriminatory land laws. The Labour Court adjudicates matters relating to labour disputes. Appeals are made to the Labour Appeal Court.
Decisions of the Constitutional Court, the SCA and the high courts are an important source of law. These courts are required to uphold and to enforce the Constitution, which has an extensive Bill of Rights binding all state organs and all persons. The courts are also required to declare any law or conduct that is inconsistent with the Constitution to be invalid, and to develop common law that is consistent with the values of the Constitution, and the spirit and purpose of the Bill of Rights.
The Minister of Justice and Constitutional Development may divide the country into magisterial districts and create regional divisions consisting of districts. Regional courts are then established per province at one or more places in each regional division to hear matters within their jurisdiction. Unlike the High Court, at present, legislation limits the penal jurisdiction of the regional courts to serious criminal matters. By mid-2007, legislation was being considered to give regional courts civil jurisdiction as well. There are nine court presidents and 307 regional court magistrates.
It has also facilitated the separation of functions pertaining to the judiciary, prosecution and administration; enhanced and developed the skills and training of judicial officers; optimised the use of limited resources in an equitable manner; and addressed imbalances in the former homeland regions.
In terms of the Magistrates' Act, 1993 (Act 90 of 1993), all magistrates in South Africa fall outside the ambit of the Public Service. The aim is to strengthen the independence of the judiciary. Although regional courts have a higher penal jurisdiction than magistrates' courts (district courts), an accused cannot appeal to a regional court against the decision of a district court; only to the High Court.
By mid-2007, there were 366 magisterial districts and main magistrates' offices, 104 branch courts and 230 periodical courts in South Africa.
There were 1 912 magistrates in the country, including regional court magistrates.
In addition, full jurisdiction was conferred to courts in rural areas and former black townships that exercise limited jurisdiction and depend entirely on the main courts in urban areas to deliver essential justice services. Because this compels the poor to travel to main cities for judicial services, 24 of the 90 branch courts countrywide were to be converted during 2007/08 to hear, among other things, maintenance, domestic violence, deceased estates and children's court cases. An estimated seven million people will benefit from these courts.
Apart from specific provisions of the Magistrates' Courts Act, 1944 (Act 32 of 1944), or any other Act, jurisdiction regarding sentences imposed by district courts is limited to an imprisonment of not more than three years or a fine not exceeding R60 000. A regional court can impose a sentence of not more than 15 years' imprisonment or a fine not exceeding R300 000.
Any person charged with any offence committed within any district or regional division may be tried either by the court of that district or by the court of that regional division.
Where, by any special provision of law, a magistrate's court has jurisdiction over an offence committed beyond the limits of the district or regional division, the court will not be deprived of such jurisdiction.
a warning or caution discharge. The sentencing of "petty" offenders to do community service as a condition of suspension, correctional supervision or postponement in appropriate circumstances, has become part of an alternative sentence to imprisonment. Where a court convicts a person of any offence other than one for which any law prescribes a minimum punishment, the court may, at its discretion, postpone the passing of sentence for a period not exceeding five years, and release the convicted person on one or more conditions; or pass sentence, but suspend it on certain conditions.
Community courts, like the Hatfield Community Court in Pretoria, are normal district magistrates' courts that assist in dealing with matters in partnership with the local community and businesses. These courts focus on restorative justice processes, such as diverting young offenders into suitable programmes.
The business community and other civil-society formations contribute significantly to the establishment and sustainability of these courts.
Thirteen community courts have been established. By mid-2007, four were fully operational and had been formally launched in Hatfield, Fezeka (Gugulethu), Mitchell's Plain and Cape Town.
Another nine pilot sites commenced in Durban (Point), KwaMashu, Mthatha, Bloemfontein, Thohoyandou, Kimberley, Phuthaditjaba, Hillbrow and Protea (Lenasia).
In October 1999, the South African Revenue Service (Sars) opened a criminal courtroom at the Johannesburg Magistrate's Office, dedicated to the prosecution of tax offenders.
The court deals only with cases concerning failure to submit tax returns or to provide information requested by Sars officials. It does not deal with bigger cases such as tax fraud.
Another Sars court operates twice a week at the Roodepoort Magistrate's Office. In 2005, a new tax court facility was opened in Megawatt Park, Sunninghill, Gauteng.
A family-court structure and extended familyadvocate services are priority areas for the department.
provide integrated and specialised services to the family as the fundamental unit in society facilitate access to justice for all in family disputes improve the quality and effectiveness of service delivery to citizens who have family-law disputes. To ensure the proper and efficient functioning of maintenance courts, government has introduced initiatives that include appointing and training 171 maintenance investigators, creating 569 maintenance clerk and 83 legal intern positions, appointing 87 legally qualified maintenance officers to improve service delivery, and facilitating the development of Magistrates' Guidelines for the Implementation of Maintenance and Operation Isondlo.
Operation Isondlo, which the Department of Justice and Constitutional Development initiated in 2006/07, has led to many children's maintenance defaulters being traced, appearing in court and paying maintenance.
Many new applications have been received countrywide and the number of children receiving maintenance has increased.
Between January and February 2007 alone, 865 beneficiaries and defaulters were traced.
The role of equality courts is to enforce the provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000). The Act outlaws unfair discrimination and allows for the creation of equality courts within magistrates' and high courts, each to be presided over by trained magistrates or judges appointed as presiding officers.
The Act also authorises the Minister of Justice and Constitutional Development to appoint the Equality Review Committee to monitor the implementation of the Act's provisions.
By the end of 2006/07, 220 magisterial courts had designated equality courts and the remaining 146 magisterial districts were expected to be designated in the first quarter of 2007/08. Section 16(1)(a) of the Promotion of Equality and Prevention of Discrimination Act, 2000 provides that every high court acts as an equality court for its area of jurisdiction. To support the effective functioning of equality courts, 139 permanent equality clerk posts were created and over 1 290 magistrates and 300 clerks of court were trained in equality matters.
On 1 May 1995, the civil jurisdictional limits of magistrates' courts were increased for both liquid and illiquid claims, from R50 000 and R20 000 respectively, to R100 000.
In addition to the considerable increase, the previous distinction between jurisdictional limits regarding the different causes of action was abolished.
Unless all the parties in a case consent to higher jurisdiction, the jurisdiction of a magistrate's court is limited to cases in which the claim value does not exceed R100 000 where the action arises out of a liquid document or credit agreement, or R50 000 in all other cases.
The limit of cases involving civil claims is R7 000. By July 2006, there were 156 small claims courts throughout the country. The Commissioner of Small Claims is usually a practising advocate or attorney, a legal academic or other competent person, who offers his/her services free of charge.
providing access for all, especially the poor and the vulnerable establishing systems and rules of court that are accessible and easy to understand providing trained administrative support staff attracting and retaining commissioners. Funding from the Swiss Development Agency has enabled the Small Claims Court Project Office to be set up to manage the National Plan of Action aimed at re-engineering small claims courts and specifically addressing issues of training for commissioners and clerks.
A key aspect of the transformation of the justice system concerns the department's key strategic partners and stakeholders. The considerable effort put into transforming prosecution and allied services into a prestigious professional force, in accordance with the Constitution, is paying off.
By mid-2007, of the 218 judges, 53% (115) were white, 31% (68) were African, 3% (16) were coloured and 9% (19) were Indian. Overall, 16% were female and 84% male. In terms of the lowercourt judiciary, of the 1 912 magistrates, 47% were white, 38% African, 7% coloured and 8% Indian. Overall, 31% were female and 69% male.
The transformation of the judiciary is closely linked with the transformation of the legal profession and of legal scholarship. The Department of Justice and Constitutional Development has worked in partnership with law schools in transforming the curriculum of the basic law degree to bring it in line with modern best practices. In addition to encouraging law schools to widen access to students from previously disadvantaged communities, these institutions will further be encouraged to forge linkages with leading law firms, with prominent practitioners and with relevant international organisations.
ensure the relevance of the training they offer to the practical demands of the profession expose students, especially those from previously disadvantaged communities, to the profession and vice versa to facilitate professional training prospects engage the legal profession in the evolution of a new legal system that fully expresses the constitutional and cultural aspirations of the new dispensation.
The department assists law graduates through its internship programme, which also provides research training to give much-needed assistance to state legal officers, prosecutors, public defenders, the judiciary and the magistracy.
To boost youth development, by mid-2007 the department had employed 134 young interns and placed 69 of them in Court Services, 35 candidate attorneys with the State Attorney on two-year contracts, while 15 were employed as legal secretaries and two as state law advisers. The department planned to employ 100 law graduates at the law clinics of various universities in 2007/08, to grow the pool of potential recruits and offer them a chance to gain invaluable experience.
Transformation of the legal profession includes making judicial services accessible to the poor, the uneducated and the vulnerable. This entails establishing a physical presence in rural areas and in townships, as well as offering affordable fees and providing speedy and empathetic services. It also entails facilitating access of all aspects and levels of the profession to aspirant lawyers, especially to those from previously marginalised backgrounds.
By mid-2007, the Judicial Service Commission (JSC) Amendment Bill and the Judicial Education Institute Bill were served before Parliament.
The proposed South African Judicial Education Institute Bill will, for the first time in history, introduce a state-sponsored judicial education programme for judges. The proposed Judicial Education Institute will provide training for both judges and magistrates.
The JSC Amendment Bill will enhance the accountability of judicial officers.
Other bills identified for priority introduction in 2007/08 included the Child Justice Bill, 13th Constitutional Amendment Bill, the Reform of Customary Law of Succession Bill and the National Prosecution Amendment Bill.
The department was also finalising a consolidated policy framework document to address other outstanding aspects relating to the transformation of the judicial system. These include rationalising high courts, harmonising the appointment procedures for judges and magistrates, and addressing aspects relating to language usage in courts.
By mid-2007, the special project of selecting aspirant female judges had been completed. Twenty-three women were selected from the legal profession to undergo a specially designed judicial education programme, which commenced in June 2007.
Transforming the judicial system also includes transforming traditional courts. Traditional leaders are conferred criminal and civil jurisdiction to exercise judicial authority in respect of certain offences and claims. The conferment is by virtue of sections 10 and 20 of the Black Administration Act, 1927 (Act 38 of 1927).
Since the Act is not consistent with the current constitutional dispensation, it was repealed in November 2005.
Only sections 12 and 20, which deal with the establishment and functioning of traditional courts, were kept in operation until 30 September 2007. The extension allowed the department to formulate policy on the role of traditional leaders under a democratic dispensation, which would be followed by appropriate legislation to replace the repealed sections.
An interdepartmental task team, comprising officials of the departments of justice, of provincial and local government and of land affairs, was appointed to draft the required policy in conjunction with the national and provincial houses of traditional leadership.
The legislation was expected to be finalised in 2007/08.
Through its courts-turnaround strategy, such as the Re Aga Boswa (We Are Rebuilding) Project, the department seeks to enhance court efficiency. The project capacitates courts and institutionalises a new customer-focused court-management model ensuring that court managers are entrusted with managing courts, and that judges and magistrates invest more time in their judicial work. This will result in increased court hours and better-quality judgments.
Re Aga Boswa seeks to affirm the principle of the separation of powers as enshrined in the Constitution, to relieve magistrates and judges, who are also heads of courts, of administrative functions. This will enable them to concentrate on their judicial work, which is expected to lead to increased court productivity and improved quality of judgments.
By February 2007, 288 court managers had been appointed.
The roll-out of Re Aga Boswa integrated the implementation plan of the Justice, Crime Prevention and Security (JCPS) Service Charter for Victims of Crime, to ensure sufficient capacity to implement the charter. A dedicated telephone line was launched in 2005/06 to provide crime victims with direct access to the courts.
The Court Process Project (CPP) was initiated in 2000 to pilot business process re-engineering and electronic filing of documents and dockets. Lessons learned through the project about court scheduling, case management and general court-administration processes were incorporated into the Re Aga Boswa Project.
The National Anti-Rape Strategy was expected to be finalised in 2007 to deal with the management of gender-based violence.
The strategy will provide impetus to the work being done to reduce gender-based violence, improve reaction in cases of gender-based violence, and improve support for victims and witnesses in cases of gender-based violence.
Rationalising high courts and redemarcating magisterial districts form part of the restructuring programme.
By mid-2007, a process to redemarcate magisterial boundaries to align them with municipal boundaries was under way.
The department is responsible for developing and monitoring processes and systems, which include case-flow management (CFM) that facilitate efficient and effective court and case management.
It has developed and facilitated the implementation of a court-management policy framework and uniform performance standards to enhance institutional performance. It is also responsible for providing effective and responsive management and administrative support for the judicial decision-making process within the court environment.
As a service-delivery improvement programme, the CFM project seeks to introduce institutional arrangements for integrated CFM in the court system. Given the broad and large sector of the justice system, this will be done incrementally over several years.
Establishing judicial leadership through CFM. In this regard, integrated CFM guidelines were developed and implemented.
Re-engineering CFM support structures in the courts to respond adequately to the CFM system.
E-Scheduler By March 2007, E-Scheduler - a case-management system providing case-management information to enhance case planning and scheduling - had been implemented in more than 200 courts and was being rolled out to all district courts in the country. The target date for completion of the roll-out was July 2007.
The system seeks to modernise the court system through greater use of information technology (IT). It allows the user to generate information on the courts that indicates at which stage the case is, including the case number, first appearance, last postponement date and the number of days per case.
Through the system, the courts can now identify and address backlogs and blockages. The Justice Deposit Account System helps to improve the management of all cash payments into and from the courts. This includes managing maintenance and bail monies.
Video-remand system By mid-2007, the pilot was still in place in KwaZulu-Natal and over 15 months, 4 899 remands were concluded without the detainee leaving the correctional facility. The system adds tremendous value to the process of conducting remands and ensuring that cases using the system are turned around faster. The video-remand system will be implemented in the top 40 courts, and will be aligned to the 169 contact crime priority police stations and linked to the correctional centres housing the remand inmates.
Remand Detention Project This system is meant to reduce risks imposed by awaiting-trial detainees (ATDs) on public safety while improving compliance with constitutional imperatives in terms of access to basic services like education, health and other social services for those regarded as innocent until proven guilty.
Digital Court Recording System (DCRS) The DCRS replaced the analogue system in all 164 high-court rooms. By mid-2007, 1 058 machines had been installed.
Document Management System By mid-2007, the analysis of the process flow of documents to support an automated process of filing, archiving and retrieving files in the court environment had been finalised in five courts. The recommendations were expected to conclude the development of the system.
Scanning solution A scanning solution is linked to the E-scheduler system and provides for scanning all incoming cases, case dockets and charge sheets. Some 300 scanners have been procured and installed in various courts throughout all provinces.
Transcription services New transcription service-providers have been appointed per province to enhance transcription services.
Each province's regional office will facilitate actual implementation of these new systems. This will see cases being managed better and the clients of the court getting quicker results.
The National Backlog Project was implemented to reduce the high volume of backlog cases on court rolls, and to improve the efficient and effective functioning of the courts. Additional courts were established to assist in decreasing the backlog of cases. Various new regional-court posts were created and filled, which helped decrease case backlogs.
Section 179(1) of the Constitution established a single NPA, which consists of the National Director of Public Prosecutions (NDPP), who is the head of the NPA, the DPP and prosecutors as determined by an Act of Parliament.
The NPA structure includes the National Prosecutions Service (NPS), the Directorate: Special Operations (DSO), the Witness-Protection Programme, the Asset Forfeiture Unit (AFU) and specialised units such as the Sexual Offences and Community Affairs (Soca) Unit, the Specialised Commercial Crime Unit (SCCU), the Priority Crimes Litigation Unit (PCLU) and the Integrity Management Unit.
The objective of the DSO is to prioritise, investigate and prosecute serious and organised crime that threaten the South African democracy and economy.
This includes complex financial crime, syndicated organised crime and high-level corruption affecting business integrity and state administration. The core business of the DSO has been layered by a selection of investigations, where racketeering, money laundering and the forfeiture of the proceeds of crime form the main activities.
The primary client of the DSO is government, which has a fundamental interest in combating and suppressing insidious (and apparently victimless) organised crime.
Equally, complainants from the private sector and regulatory bodies for example Sars, the Financial Services Board and the South African Reserve Bank base their expectations on how the DSO deals with financial crimes.
The AFU was created in 1999 in terms of the Prevention of Organised Crime Act, 1998. The AFU can seize and forfeit property that was bought with the proceeds of crime, or property that has been used to commit a crime.
develop the law by taking test cases to court and creating the legal precedents necessary to allow for the effective use of the law build capacity to ensure that asset forfeiture is used as widely as possible to have a real effect in the fight against crime.
In 2007, the AFU deposited some R120 million in the special account for fighting crime, with R77 million paid out in 2006 towards centres for battered women and to boost the capacity of the South African Police Service (SAPS), the NPA and Sars to deal with crime.
The SIU is an independent statutory body that is accountable to Parliament and the President. It was established to conduct investigations at the President's request, and to report to him on the outcomes thereof. It receives its budget through the Department of Justice and Constitutional Development.
The SIU was created in terms of the SIU and Special Tribunals Act, 1996 (Act 74 of 1996). The SIU was initially headed by former Judge Willem Heath, who resigned in June 2001 after the Constitutional Court ruled that a judge could not head the SIU.
The SIU then formally ceased to exist. A new SIU was established in July 2001 through a presidential proclamation.
The SIU functions in a manner similar to a commission of inquiry, in that the President refers cases to it by way of a proclamation.
serious maladministration concerning the affairs of any state institution improper or unlawful conduct by employees of any state institution unlawful appropriation or expenditure of public money or property any unlawful, irregular or unapproved acquisitive act, transaction, measure or practice that has a bearing on state property intentional or negligent loss of public money or damage to public property corruption in connection with the affairs of any state institution unlawful or improper conduct by any person who has cause to or may cause, serious harm to the interest of the public or any category thereof.
The SIU can also take civil action to correct any wrongdoing it uncovers during an investigation.
stop transactions or other actions that were not properly authorised. The SIU conducts civil litigation through the Special Tribunal, a specialised court that deals specifically with its cases. This avoids some of the delays usually associated with civil litigation in the ordinary civil courts.
The focus of the SIU is the public sector, but it also deals with private-sector accomplices. It investigates private-sector matters that cause substantial harm to the interest of the public.
As the focus of the SIU is on civil litigation, it does not have the power to arrest or prosecute suspects. When it uncovers evidence of criminal activity, it hands a court-ready docket to the SAPS and/or the DSO (Scorpions).
The SIU also works closely with the NPS, the core prosecuting division of the NPA, and other attached divisions, such as the SCCU in the case of fraud and other related matters, and the AFU in cases where the powers of this unit are more suitable for recovering the proceeds of crime.
Generally, the SIU works closely with other relevant enforcement agencies, ensuring greater effectiveness in dealing with corruption cases.
sensitising and scientific functional training in respect of the prosecution of sexual offences and gender-based violence co-ordinating the establishment of special courts for the adjudication of sexual offences and gender-based violence facilitating and/or formulating research techniques for the prosecution of sexual offences, gender-based violence, maintenance and child justice developing and implementing communityawareness programmes and plans for the participation of non-governmental organisations (NGOs) in processes and procedures aimed at preventing or containing sexual offences developing training, plans and mechanisms regarding the prosecution of sexual offences, gender-based violence, maintenance and child justice.
The Department of Justice and Constitutional Development, together with the SAPS and the departments of social development and of health, has established several Thuthuzela care centres for victims of sexual offences.
The Thuthuzela care centres are 24-hour onestop service centres where victims have access to services that include police, counselling, doctors, court preparation and prosecutors.
The main objectives of these centres are to eliminate secondary victimisation, to reduce casecycle time and to increase convictions. Specially trained police investigators, medical personnel, community volunteers, social workers and prosecutors work together.
They ensure that the victim is not further traumatised in the process of reporting the incident, and that the information needed to secure a prosecution and conviction is passed seamlessly from one person to another.
These multipurpose centres render the services of these departments to communities where these services either do not exist, or do exist but are not easily accessible (especially in rural areas). By June 2007, there were 10 such centres.
Through Project Ndabezitha, Soca successfully trained 104 traditional leaders from five provinces on managing domestic violence in rural areas.
The PCLU manages and directs investigations and prosecutions of priority crimes, including contraventions of nuclear, chemical, biological and conventional-arms control legislation; and tracing missing persons arising from the Truth and Reconcilition Commission (TRC).
Regarding missing persons, by mid-2007, 36 exhumations and 20 reburials had been conducted.
The unit has also been engaged with various cases dealing with mercenary activities and nuclear proliferation.
Intermediaries act as buffers against hostile and potentially protracted cross-examinations of child witnesses in an open court, especially in cases of sexual victimisation. Most intermediaries are social workers by profession, and fulfil their intermediary functions part-time or as volunteers.
The Draft Criminal Law (Sexual Offences) Amendment Bill aims to provide intermediaries to all vulnerable witnesses in sexual-offence cases, where appropriate.
The Criminal Law (Sexual Offences and Related Matters) Amendment Bill reached an advanced stage of promotion in the parliamentary process during 2006. The Bill aims, among other things, to comprehensively and extensively review and amend all aspects of the law relating to sexual offences, and to deal with all legal aspects of or relating to sexual offences in a single statute. The provisions of the Compulsory HIV-Testing of Alleged Sexual Offenders Bill, 2003 were also incorporated into the Criminal Law (Sexual Offences and Related Matters) Amendment Bill. These provisions aim to provide a speedy and uncomplicated mechanism whereby a victim of a sexual offence can apply to have the alleged sex offender tested for HIV and have the test results disclosed to him or her.
The NPS performs the core function of the NPA, namely, instituting criminal proceedings on behalf of the State, and carrying out any necessary functions incidental to instituting and conducting criminal proceedings.
It has to ensure the proper planning of court rolls, prioritisation, and proper preparation and arrangement for all cases to be heard, as well as the avoidance of unreasonable delays.
The Pretoria-based SCCU was established in 1999 as a pilot project to bring specialisation to the investigation and prosecution of commercial crimes emanating from the commercial branches of the SAPS in Pretoria and Johannesburg.
Three new courts and offices were established in the Johannesburg and Pretoria central business districts for specialised commercial-crime cases. Similar courts were established during 2004/05 in Durban and Port Elizabeth. The SCCU continues to achieve an above-average conviction rate.
In 2006, the number of offenders sentenced for economic crimes reached the lowest number in six years, with a 34% decline to 21% of the total offender population.
Instead, it offers sustenance in the form of a food allowance; replacement of salary if employment has been lost; free accommodation, including all municipal services; a clothing allowance; transport; a housing allowance for school-going children; medical expenses; etc.
By mid-July 2007, the Witness Protection Unit (WPU) had completed the review of the draft United Nations (UN) guidelines on the matter of witness protection. Officials of the International Criminal Court (ICC) received training in witness-protection best practices. South Africa assisted Kenya in establishing a WPU structure following their introduction of witness-protection law. Cabinet is considering requests for similar assistance from other African countries.
The Attorneys Amendment Act, 1993 (Act 115 of 1993), provides for alternative routes for admission as an attorney.
the Act, are exempted from service under articles or clerkship. However, such persons must satisfy the society concerned that they have at least five years' appropriate legal experience.
State law advisers give legal advice to ministers, government departments, provincial administrations and a number of statutory bodies. In addition, they draft Bills and assist the minister concerned with the passage of Bills through Parliament. They also assist in criminal and constitutional matters.
State attorneys draft contracts for the State and also act on behalf of elected and appointed officials in the performance of their duties, e.g. civil and criminal actions instituted against ministers and government officials in their official capacities.
freedom from unfair discrimination the right to life. Since 1994, and in keeping with the cultivation of a human-rights culture, the focus is gradually shifting from an adversarial and retributive CJS to that of a restorative justice system.
The Service Charter for Victims of Crime, approved by Cabinet, seeks to consolidate the present legal framework in South Africa relating to the rights of and services provided to victims of crime, and to eliminate secondary victimisation in the criminal justice process.
The ultimate goal is victim empowerment by meeting victims' material or emotional needs.
The Department of Justice and Constitutional Development is one of the five core departments in the JCPS Cluster that has been tasked with implementing the National Crime Prevention Strategy (NCPS). This is government's official strategy to combat, control and prevent crime. (See Chapter 16: Safety, security and defence.
Following government's approval of the NCPS in 1996, the IJS Board was formed in 1997 to integrate the activities of departments in the JCPS Cluster in a co-ordinated manner.
The IJS, approved in 2002, aims to increase the efficiency and effectiveness of the entire criminal justice process by increasing the probability of successful investigation, prosecution, punishment for priority crimes and ultimately rehabilitation of offenders. A second version of the IJS was published in May 2003.
Issues receiving specific attention include overcrowding in prisons and awaiting-trial prisoner problems, as well as bail, sentencing and pleabargaining.
Government wants to eliminate duplication of services and programmes at all levels. The need for strategic alignment of cluster activities has also been raised at a series of other governmental meetings and forums.
joint strategic planning and a planned approach instead of simply reacting to problems. The JCPS has structured itself to focus on two main areas of responsibility, namely operational and developmental issues relating to the justice system, and improving the safety and security of citizens.
This includes establishing proper governance structures, effective monitoring mechanisms based on proper review findings, and the integration and automation of the justice system.
While each department within the JCPS Cluster must have its own IT plan to achieve its specific vision, mission and objectives, the IJS Board coordinates the broader and shared duty to integrate information flow throughout the CJS.
Implementing relevant legislation and enabling policy, for example, accelerating the finalisation of the Child Justice Bill. The Sexual Offences Bill, which among other things, broadens the definition of sexual assault, was passed by Parliament in May 2007.
Prioritising child justice and all cases involving children, especially those children in prison awaiting trial.
This programme aims to improve services rendered to crime victims.
The Service Charter for Victims of Crime is expected to go a long way towards assisting crime victims.
CFM centres provide an integrated solution to managing cases through the court system, facilitated by IT that allows the monitoring of aspects such as case-cycle time and court rolls.
National and provincial action plans to fast-track all children awaiting trial in prisons and police cells, have led to a reduction in children awaiting trial, from over 1 775 in January 2005 to 1 243 in January 2006 and 1 089 in January 2007.
The E-Justice Programme supports the fundamental reforms necessary to establish a more fair, accessible and efficient justice system in South Africa.
The programme aims to reform and modernise the administration and delivery of justice through re-engineering work processes by using technologies, strengthening strategic planning and management capacity, organisational development and human resource interventions.
The E-Justice Programme has evolved into the Information and Systems Management Programme, which has 25 projects in addition to the three main ones, i.e.
and Financial Administration System Project. The E-Justice Programme is funded mainly by the Justice Vote and supplemented with donor funding from the European Union Commission, the Royal Netherlands Embassy and the Irish Embassy.
With the completion of the DNS III Project in March 2007, 554 sites were deployed and 14 000 users trained. This is expected to substantially enhance service delivery at suboffice level.
The Legislative and Constitutional Development Branch of the department administers the Constitution and over 160 principal Acts. The branch is also responsible for researching, developing and promoting supporting legislation, reflecting the basic constitutional ideals which facilitate a justice system that is simple, fair, inexpensive and responsive to the needs of the diverse communities in South Africa.
The branch consists of four main components, namely, the research activities of the South African Law Reform Commission (SALRC), the Secretariat for the Rules Board for Courts of Law, a legislativedevelopment component and one for constitutional development.
The branch's Legislative-Development Component researches, develops and promotes appropriate legislation affecting the department's line functions.
It is also responsible for promoting, implementing, maintaining and developing the Constitution and its values.
The component is also responsible for assisting and protecting certain chapter nine institutions such as the Public Protector, the SAHRC and the CGE to ensure their independence, impartiality, dignity and effectiveness.
In 2006, the department, among other things, promoted the Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Act, 2006 (Act 8 of 2006), which extended the statutory deadline contained in the Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005 (Act 28 of 2005).
The Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005 brings about an incremental repeal of the Black Administration Act, 1927 and further amends the Administration of Estates Act, 1965 (Act 66 of 1965), so as to give the Masters of the High Court jurisdiction over the property of all minors, including those who are governed by the principles of customary law.
The Civil Unions Act, 2006 (Act 17 of 2006), which is transformative and promotes access to justice, was implemented in November 2006 and provides for same-sex marriages.
The Regulation of Interception of Communications and Provision of Communications-Related Information Amendment Bill, 2006 was introduced into Parliament during 2006.
The Bill aims to provide for the electronic capturing of the personal particulars of cellphone and SIM-card holders, replacing the current paperbased system. The Bill will contribute to the fight against crime and enhance organisational efficiency.
State law advisers provide legal opinions for all organs of state, scrutinise and amend international agreements, draft legislation and subordinate legislation and attend relevant parliamentary portfolio committees as legal advisers for all national departments.
In the past 10 years, state law advisers certified 610 Bills, passed by Parliament. These Bills have dealt with complex social, political and economic issues. During the same period, they provided the executive with 6 679 opinions, international agreements and subordinate legislation.
Research conducted in the Office of the Chief State Law Adviser suggests that the division saved the State about R92 million in private legal fees in 2006.
The component hosts the National Forum Against Racism and facilitates South Africa's participation in the International Court for Criminal Justice.
The main functions of the Chief Directorate: International Legal Relations in the Department of Justice and Constitutional Development are to identify and research legal questions that relate to matters pertaining to the administration of justice between South Africa and other states/bodies/ institutions.
The chief directorate is involved in direct liaison and negotiations at administrative and technical level with foreign states to promote international legal co-operation, and for the possible conclusion of extradition and mutual legal-assistance agreements.
The chief directorate also aims to establish greater uniformity between the legal systems of southern African states, especially the Southern African Development Community (SADC).
The chief directorate co-ordinates human-rights issues at international level under the auspices of the UN and the African Union (AU).
regular liaison with SADC states co-ordinating all Commonwealth matters pertaining to the administration of justice interacting with other international bodies, such as the UN, the Hague Conference and the International Institute for the Unification of Private Law interacting with foreign states outside the SADC region negotiating extradition and mutual legalassistance agreements with other countries/ international bodies preparing Cabinet and Parliament documentation for the ratification of humanrights treaties, including report writing processing requests for extradition, mutual legal assistance in criminal matters, interrogatory commissions and service of process processing requests for maintenance in terms of the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act 80 of 1963).
As required by the Rome Statute of the ICC, South Africa promulgated the Implementation of the Rome Statute of the ICC Act, 2002 (Act 27 of 2002).
The Master of the High Court is involved with the administration of justice in estates of deceased persons and those declared insolvent, the liquidation of companies and close corporations, and the registration of trusts.
Each year, the value of estates under the supervision of the masters' offices amounts to about R18 billion. This includes about R4 billion in the Guardians' Fund.
control the administration of deceased and curatorship estates control the administration of insolvent estates and the liquidation of companies and close corporations control the registration and administration of both testamentary and inter vivos trusts manage the Guardian's Fund assess estate duty and certain functions with regard thereto accept and take custodianship of wills in deceased estates act as an office of record.
In 2005, legislation to repeal the Black Administration Act, 1927 was finalised. This decision implied that the Master of the High Court takes over the powers of supervision in all deceased estates, and that all estates have to be administered in terms of the Administration of Estates Act, 1965, as amended.
All intestate estates must be administered in terms of the Intestate Succession Act, 1987 (Act 81 of 1987), as amended. This will ensure that all South Africans are treated equally, and that the dignity of each person is respected.
There are masters' offices in Bhisho, Bloemfontein, Cape Town, Durban, Grahamstown, Johannesburg, Kimberley, Mafikeng, Polokwane, Port Elizabeth, Pietermaritzburg, Pretoria, Thohoyandou and Mthatha.
At service points, officials attached to the Branch: Court Services deliver services on behalf of, and under the direction of, the Master. Each magistrate's court is a service point. Each service point has at least one designated official who is the office manager or a person of equal rank. They only appoint masters' representatives in intestate estates of R50 000 or less, in terms of Section 18(3) of the Administration of Estates Amendment Act, 2002 (Act 47 of 2002).
On 26 December 2004, the Mental Healthcare Act, 2002 (Act 17 of 2002), came into operation, repealing the Mental Health Act, 1973 (Act 18 of 1973).
The new Act provides that where a person falls within the ambit of this Act, the Master can appoint an administrator to handle the affairs of the person. The administrator, in this instance, replaces the appointment of a curator, as was done in the past.
In terms of the Prevention of Organised Crime Act, 1998, the Master also appoints curators in these estates to administer the assets of persons and legal entities attached by the AFU, in terms of a court order.
The fund holds and administers funds which are paid to the Master on behalf of various persons, known or unknown.
These include minors, persons incapable of managing their own affairs, unborn heirs, missing or absent persons, or persons having an interest in the money of an usufructuary, fiduciary or fideicommissary nature.
Five years after the money has become claimable, the Master pays the unclaimed money to the Receiver of Revenue Payment Register. This does not mean that the owner of the money cannot claim the money from the Guardian's Fund. However, 30 years after the money has become claimable, the money is forfeited to the State. Every September, the master advertises unclaimed amounts in the Government Gazette.
In the past 10 years, there has been a dramatic increase in the size of the fund, which grew by more than R2 billion over that period.
The Rules Board for Courts of Law was established by the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), to review the rules of court and to make, amend or repeal rules, subject to the approval of the Minister of Justice and Constitutional Development.
The Rules Board Secretariat provides secretarial and administrative support to the board. The secretariat also conducts research into the rules of court.
Training is integral to the department's efforts to widen and improve citizens' access to justice, enable the department to meet its strategic objectives and empower employees to heighten their performance. The Justice College is being transformed by reviewing governance structures, processes and systems, and revamping the curriculum to ensure that the college serves the training and development needs of all its stakeholders.
Training interpreters is a departmental priority. The college continues presenting courses that focus on complex concepts including, but not limited to, environmental crimes; cyber crimes; the National Credit Act, 2005 (Act 35 of 2005); and developing terminology in indigenous languages. The college is developing curricula on crosscutting, non-legal, but essential training programmes, such as management and leadership, project management, service excellence and general administrative training.
The role of the Family Advocate is to assist the courts in establishing the best interest of minor children in civil legal disputes involving such children.
The Family Advocate derives its duties and obligations from the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987), and other related legislation. In certain instances, the Family Advocate also assists the courts in matters involving domestic violence and maintenance.
The Office of the Chief Family Advocate is the designated central authority regarding the implementation of the Hague Convention on the Civil Aspects of International Child Abduction, to which South Africa became a signatory in 1996.
Under this Act, the Chief Family Advocate assists in securing the return of, or access to, children abducted or unlawfully retained by their parents or caregivers.
By mid-2007, the LAB had completed the roll-out of a national infrastructure of four regional offices, 58 justice centres, 35 satellite offices and 13 highcourt units. It employs more than 1 700 staff of whom more than 1 300 are legal professionals.
The LAB continues to provide legal assistance to the indigent, in accordance with the Constitution and other legislative requirements. This is done through a system of in-house outsourcing to private lawyers (a system of judicare) and co-operation partners.
With its national infrastructure in place, the LAB focuses on improving access to clients and communities, and on improving the quality of delivery of legal services.
The LAB and SAPS are working on systems that will allow legal-aid applications to be submitted electronically from police stations, to facilitate access to legal representation and ensure that arrested people have legal representation when they first appear in court. This is expected to reduce delays caused by accused people having to find attorneys.
As a public defender in criminal matters, the LAB is important in defending indigent accused people and protecting children's rights. In 2006/07, the LAB defended and protected the interests of indigent and vulnerable people in some 400 000 cases, which was 15% more than the case load handled in 2005/06.
In 2007/08, R574 million was granted to the LAB to continue providing public defender services in courts across South Africa. This represented an additional R20 million allocated to the LAB for 2007/08, which will enable improvements in service delivery and increases to the legal services' capacity for service delivery at LAB centres countrywide.
The Public Protector was established in terms of Chapter Nine of the Constitution to strengthen constitutional democracy. The Public Protector investigates any conduct in state affairs or public administration (including national, provincial and municipal administrations, or government entities such as Eskom and Transnet) that is suspected to be improper or that results in impropriety or prejudice. The Public Protector may not investigate court decisions.
Despite the high-profile cases involving politicians that have been investigated, most of the office's work involves complaints from people in townships, shack dwellers and those in rural areas who are struggling to access services to which they are entitled.
Some of the cases investigated include long delays in pension payouts from government and parastatals; the adverse impact of a decision or policy on individuals, institutions or groups; denial of access to information, and insufficient reasons provided for a decision taken.
With a staff complement of about 200, the Public Protector resolves about 17 000 cases per year. The bulk of the cases are resolved within three months.
The Public Protector's services are free and available to anyone who has a complaint. Complainants' names are kept confidential as far as possible.
The President appoints the Public Protector on recommendation of the National Assembly and in terms of the Constitution for a non-renewable period of seven years. The Public Protector is subject only to the Constitution and the law, and functions independently from government or any political party. No person or organ of state may interfere with the functions of the Public Protector.
The Public Protector has the power to report a matter to Parliament, which will debate it and ensure that the Public Protector's recommendations are followed.
The commission also attends to grievances, complaints and misconduct investigations against magistrates.
It advises the Minister of Justice and Constitutional Development on matters such as the appointment of magistrates, promotions, salaries and legislation.
advising ministers and state departments on proposed legislation and recommendations. The commission's investigation into statutory law revision is one of considerable magnitude that Cabinet has endorsed. It requires scrutiny of all post-1910 legislation for purposes of identifying unconstitutional, redundant and obsolete provisions.
As part of the investigation, the Discussion Paper on the Review of the Interpretation Act, 1957 (Act 33 of 1957) was published for general information and comment in October 2006.
An investigation into Hindu marriages from a constitutional viewpoint is also conducted as part of statutory law revision.
Another crucial issue that the commission is investigating is human trafficking. The commission's investigation aims to develop legislative measures to counter trafficking in persons.
In terms of the Constitution, the President, in consultation with the JSC, appoints the Chief Justice and the Deputy Chief Justice, and the President and Deputy President of the SCA. The President appoints other judges on the advice of the JSC.
The JSC was established in terms of Section 178 of the Constitution to perform this function. It also advises government on any matters relating to the judiciary or to the administration of justice.
The JSC shortlists suitable candidates and invites them for interviews. Professional bodies and members of the public have the opportunity to comment prior to the interviews or to make representations concerning the candidates to the commission.
Civil-Society Advocacy Project.
The SAHRC is made up of two sections: the commission, which sets out policy; and a secretariat, which implements policy. The Chairperson is overall head, and the Chief Executive Officer is head of the Secretariat, accountable for the finances of the SAHRC and responsible for the employment of staff.
As set out in Section Five of the Human Rights Commission Act, 1994 (Act 54 of 1994), the SAHRC has established standing committees to advise and assist it in its work. The SAHRC appoints the members of the standing committees, each of which is chaired by a commissioner.
The SAHRC has also established provincial offices to ensure its services are widely accesible.
The objectives of the Education and Training Subprogramme are to conduct training workshops, seminars, presentations, and capacity-building programmes on equality, economic and social rights, promotion of access to information and other focus areas of the SAHRC. The SAHRC continues its collaboration with the SADC region.
The SAHRC has developed the communityoutreach initiative, "Omnibus". The Omnibus encompasses a range of educational interventions ranging from workshops, seminars, presentations, site visits and walkabouts to widespread campaigns, events and advocacy initiatives. The annual Human Rights Week Campaign, built around Human Rights Day on 21 March, continues to be convened and organised under this subprogramme.
This subprogramme implements the commission's protection mandate and deals primarily with complaints of human-rights violations in pursuance of redress, monitoring the agencies of the justice system and submitting recommendations, and conducting hearings and public inquiries.
This subprogramme implements the commission's monitoring and assessment of the observance of the human-rights mandate. It has three components: the Equality Unit, the Economic and Social Rights Unit and the Library.
Chapter Nine of the Constitution provides for the establishment of the CGE. Section 187 of the Constitution specifically grants the CGE powers to promote respect for, and to protect, develop and attain gender equality.
monitoring and evaluating the policies and practices of state organs, statutory and public bodies, as well as the private sector, to promote gender equality investigating any gender-related complaints received or on its own initiative liaising with institutions, bodies or authorities with similar objectives conducting research to further the objectives of the CGE. Complaints are received from the public at large and dealt with either through personal consultations, telephonically or in writing, including electronically.
The TRC was dissolved in March 2002 by way of proclamation in the Government Gazette. The TRC handed its final report to the President in March 2003.
The TRC made recommendations to government in respect of reparations to victims and measures to prevent the future violation of human rights. In keeping with the presidential mandate given on 15 April 2003 in Parliament, the TRC Unit was established in the Department of Justice and Constitutional Development in September 2005, with a view to audit, monitor and co-ordinate the implementation of the TRC's recommendations and render victim-support services.
The TRC Unit works closely with the President's Fund, which is located in the Office of the Chief Financial Officer in the Department of Justice and Constitutional Development. The President's Fund has been giving effect to the payment of both urgent interim reparations and the once-off individual grants of R30 000 each to the 16 837 victims who applied for reparations and were approved by the TRC.
By March 2007, 15 610 beneficiaries had received reparations. Of the 1 227 still to be paid, 357 were deceased and 260 were in the process of being paid.
By March 2007, R50 million had been paid in respect of urgent interim reparations and R469 million in respect of once-off individual grants, amounting to a total of R519 million.
The TRC Unit's activities also include the engagement of TRC-identified victims and organisations representing victims, as well as the drafting of an exhumation policy in respect of missing-person cases reported to the TRC. In respect of the exhumation process, the TRC Unit has rendered assistance to affected families regarding applications for reparations and special pensions (where relevant) and obtaining death certificates. The Department of Justice and Constitutional Development has also made ex gratia payments of R15 000 each to contribute towards reburial costs.
Efforts in this regard have included awareness campaigns via the print and electronic media. The Government Communication and Information System is also conducting door-to-door campaigns via its regional structures.
The unit was facilitating the drafting of regulations to enable access to the monies in the President's Fund, in accordance with the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995). The remaining monies in the fund will be used to implement broader reparation programmes, including community rehabilitation.
The department facilitates the correcting of offending behaviour and is responsible for the general development of all offenders as part of their rehabilitation, including those subject to community corrections.
In pursuing these objectives, the department launched the White Paper on Corrections in 2005 that embodies its long-term strategic policy and operational framework.
The White Paper promotes corrections as a societal responsibility and it puts rehabilitation at the centre of all its activities.
The six service-delivery areas the department has identified in relation to offenders are security, facilities, correction, development, well-being and social reintegration.
The department received R10,74 billion in 2007/08 and increased its staff complement from 36 311 in 2005/06 to 41 406 in 2006/07, with a target of reaching 45 674 by the end of 2009/10. This represents a 25,79% increase and the provision of 9 363 more jobs within five years.
Surpassing its employment target of 8 311 additional employees as part of it implementing the seven-day working week scheduled to kick off in April 2008. In addition to the thousands of new recruits, 752 new positions were created as part of the ongoing alignment of the department's structures with the White Paper on Corrections.
A standardised framework for providing comprehensive care programmes in the department's 36 centres of excellence (CoEs) was implemented by training six master trainers, 27 chaplains, 100 spiritual-care workers and 40 external service-providers.
The department implemented the National Curriculum Statement for Grade 10 in its CoEs in 2006/07, as part of rehabilitation. By mid-2006, the department was registering all its youth centres as full-time schools to ensure the transformation of CoEs into rehabilitation centres providing education, knowledge and information.
The department's partnerships with the SIU and the DSO delivered good results in its fight against corruption and fraud. Twenty-seven medical practitioners were investigated and 16 appeared in court, resulting in one conviction and over R316 million recovered, together with savings in medical-aid claims of more than half a billion rand. The Code Enforcement Unit of the department concluded 60 hearings and registered a 92% conviction rate.
In 2006, the department developed the Compliance Improvement Plan aimed at enhancing compliance with internal controls, policies and procedures.
The department is accelerating access to antiretroviral (ARV) treatment by offenders. Eight correctional centres were accredited as ARV sites in 2006 and the ninth in early 2007.
The department is reducing the number of children in custody by transferring them to secure-care facilities and emphasising alternative sentencing options. At the end of 2006/07, there were 1 149 children in correctional centres. This number was reduced by 187 during 2007.
Altogether, 1 804 youth offenders in four regions are involved in the President's Awards Programme. The programme focuses on developing leadership skills, self-awareness, self-discipline, entrepreneurship and community service among young offenders, as part of the department's rehabilitation aims.
The department has aligned itself with the aims of the Accelerated and Shared Growth Initiative for South Africa's procurement programmes, thereby engaging more local small and mediumsized producers and suppliers.
The Electronic Management Information System for offender-skills development was developed and tested. The system was expected to be implemented in 2007/08.
In mid-2006, the department developed a social reintegration framework that seeks to optimise stakeholder participation and strengthen family relations, while improving the management of rehabilitation programmes outside correctional centres. The Social Reintegration Programme is expected to improve the implementation of diversion programmes, non-custodial sanctions for offenders who pose limited danger to society, and the role of society in preventing crime and in correcting offending behaviour. The budget for social reintegration increased by 9,15% (from R313,3 million in 2005) to R342 million in 2006.
The Offender Rehabilitation Path (ORP) is a ninephase programme that seeks to re-engineer the department's offender-management approach to become needs-based and informed by an offender's life cycle. Each stage demands different interventions by the department and other players in government and society.
focusing on the management of probationers, who are directly placed under community corrections by courts.
The Correctional Sentence Plan and its revision framework were finalised in 2006/07 in consultation with offenders to establish their needs. The sentence plan will include the implementation of six programmes aimed at addressing offencespecific crimes resulting from aggressive behaviour, sexual offences and substance abuse.
In addition, all offenders due for release will be progressively compelled to undergo the pre-release programme designed to prepare them for social reintegration.
For the roll-out of care programmes aimed at the personal well-being of offenders, inclusive of healthcare; social-work services; and spiritual, moral and psychological services; the department has been allocated an annualised increase of 8,7% over the Medium Term Expenditure Framework (MTEF), reaching R1,5 billion by 2009/10. Part of the increase is the additional allocation of R17 million aimed at improving health professionals' salaries following extensive discussions with the departments of public service and administration, and of health.
The allocation will be increased to R19 million and R47 million in 2008/09 and 2009/10 respectively.
86 correctional centres for both male and female offenders. In centres where men, women and juvenile offenders are accommodated, women and juvenile offenders are housed in separate designated sections.
Over the past six years, the department has reduced overcrowding by an average rate of 4,77% per year.
With mandatory sentences, the category of offenders serving 10 to 15 years increased by over 12% from 45% in 2000 to 57% of the total offender population in 2006.
By March 2007, South Africa's correctional centres, which collectively have an accommodation capacity of 115 327 inmates, housed 161 023 inmates.
Overcrowding was about 40% (45 696 people), meaning that the country's correctional centres were 140% full. Of the total offender population, 48 228 inmates were awaiting trial. The average cost of incarceration is estimated at R123,37 a day.
The department is implementing an eightpronged strategy to address overcrowding.
encouraging community involvement in the social reintegration of offenders back into their communities to assist in reducing levels of repeat offending.
These measures have started to pay off, resulting in overcrowding being reduced consistently by 4, 77% a year, reaching 15,72% and 10% reduction rates respectively in the past two years. The amount of bed space has increased through renovations, limited expansions and recommissioning, while ATDs have been reduced by 22% through the integration of the CJS as a whole.
The construction of one of three new-generation correctional centres in Kimberley is under way and due for completion in November 2008. By mid2007, construction at Klerksdorp and Nigel was due to start. Similar facilities are to be built in the Eastern Cape, Western Cape and KwaZulu-Natal. Construction of another three new-generation correctional centres in Paarl, East London and Port Shepstone respectively, announced in 2006, is expected to start in 2008. The five new-generation correctional centres will have 3 000 beds each.
In 2006, Cabinet mandated the department to lead a project of re-engineering the Management of Awaiting-Trial Detention (MATD) system in South Africa.
The scope goes beyond addressing the congestion of facilities and includes ensuring that all provisions of the Constitution, legislation and international protocols applicable to unsentenced inmates are applied.
The task team members are from the departments of justice and constitutional development, of home affairs, of social development and the SAPS.
As a result, the Department of Correctional Services has established a directorate to drive the development of appropriate policies and procedures, identification of correctional centres for use as pilot remand-detention facilities in each region, as well as the development and implementation of a synchronised cluster programme of action aimed at meeting short- to long-term strategic needs in managing ATDs.
Of the 158 859 inmates in June 2007, 44 507 were ATDs, which put significant strain on already congested facilities. Those who were awaiting trial represented almost 30% of the total offender population.
The MATD system aims to reduce risks imposed by ATDs on public safety while improving compliance with constitutional imperatives in terms of access to basic services such as education, health and other social services for those regarded as innocent until proven guilty.
optimising the use of technology, including the tracking and electronic monitoring of the accused so that, where appropriate, noncustodial options are also used to reduce overcrowding ensuring an integrated informationmanagement system across the CJS to assist with decision-making.
One of the core objectives of the department is to ensure that every correctional centre has a secure environment with a correcting influence. This refers not only to the prevention of escapes from custody, but also to creating and maintaining an environment characterised by a significantly low prevalence or absence of inmate abuse, violence, corruption and negligence.
The department has implemented various measures aimed at combating escapes.
the optimal use of existing security aids and equipment continued evaluation of security directives upgrading personnel training taking disciplinary action against negligent personnel rewarding offenders who report or warn of planned escapes installing electronic fences and X-ray scanners in high-risk prisons. By implementing national and regional escapeprevention strategies, the department succeeded in reducing the number of escapes from 113 in 2005/06 to 93 in 2006/07. The number of escapes decreased by 67% between 2002/03 (281 escapes) and 2006/07.
The department has created a culture of security awareness among its staff. All managers are involved in monitoring and ensuring adherence to security policies and procedures, through strict supervision, control mechanisms and disciplinary action against negligent officials.
The department is rolling out a biometric security system and state-of-the-art fencing with CCTV monitors.
Source: Department of Correctional Services fingerprinting system to manage inmate visitations. Some R300 million has been allocated over the MTEF.
personnel security and vetting security equipment security technology security information management operational security procedures.
The department assesses and profiles offenders to determine the risk they pose to the public, and to identify their rehabilitation and reintegration needs. Offenders are assessed upon admission to identify immediate risks and needs that require urgent intervention.
They are each subjected to a comprehensive assessment by a multidisciplinary team to work out a sentence plan. The information from the comprehensive assessment is then analysed to compile a profile of the offender.
These interventions aim to determine risks of reoffending and to prepare offenders for reintegration into society. The department also profiles the national offender population biannually to identify different types of offenders in its facilities for planning purposes and to identify trends.
Offenders undergo safe-custody classification upon admission to determine the level of security required to detain them. Offenders are classified according to high, medium and minimum security risk levels for placement in maximum-, medium- or minimum-security correctional centres or units.
Variables taken into account are the type of crime committed, the length of the sentence, previous convictions, current multiple offences (number), current multiple offences (categorisation), time lapse between current offence/s and previous convictions, history of violence (prior convictions) for violent offences within the last five years, escape history, age at admission on current sentence, motive/circumstances under which crime was committed, crime committed in gang-context/crime syndicate, and number of victims (human).
The safe-custody classification of all offenders is reviewed regularly, and if their behaviour or any other aspect affecting their security risk justifies it, reclassification takes place.
children/juvenile and youth ATDs between the ages of 14 and 25 sentenced children/juveniles and youths between the ages of 14 and 25 women, including women with children foreign nationals offenders with disabilities.
Section 7(2)(c) of the Correctional Services Act, 1998 (Act 111 of 1998), stipulates that children must be kept separate from adult offenders and in accommodation appropriate to their age, as young offenders are predisposed to negative influences.
The separation aims to provide distinctive custodial, development and treatment programmes, as well as spiritual care, in an environment conducive to the care, development and motivation of youths to participate and to develop their potential.
The nature of serious offences committed by ATDs and sentenced offenders under the age of 20 years is decreasing. A breakdown of the nature of the crimes of those in custody in March 2007 revealed that there were 4 042 offences of an economic nature, 6 160 aggression-related offences, 1 591 sexual offences, 154 drug-related offences and 445 for other crimes committed.
Of the crimes committed by 36 363 sentenced youths between the ages of 14 and 25, 19 848 were aggression-related, 9 858 of an economic nature, 4 704 sexual, 595 drug-related and 1 360 for other types of offences.
There are 13 youth correctional facilities in the country, namely Hawequa, Brandvlei, Drakenstein Medium B and Pollsmoor Medium A (Western Cape); Leeuwkop, Emthonjeni and Boksburg (Gauteng); Rustenburg (North West); Durban and Ekuseni (KwaZulu-Natal); Groenpunt and Kroonstad (Free State) and Barberton Prison (Mpumalanga).
The development and support of youth offenders form an essential part of their incarceration. The aim of rendering professional services (education, lifeskills, learning a trade, moral and spiritual enlightenment and personal development) is to rehabilitate youth offenders, contribute towards their behavioural change and prepare them for reintegration into society. The focus is on promoting and developing leadership qualities.
young offenders are motivated to actively participate in their own development and the realisation of their potential a culture and atmosphere where development prevails discipline and co-operation between officials and offenders, and among offenders, are fostered and maintained.
By May 2007, there were 1 149 children in correctional facilities, compared with 1 336 in 2006/07.
The department has aligned its Infants and Mothers Policy with the Children's Act, 2006 (Act 25 of 2006).
Mother-and-child units have been established in eight female correctional centres countrywide. By March 2007, there were 154 infants under the age of five in these units, which was less than the previous year's figure.
Policy stipulates that mothers and children be kept in separate units in the correctional centre, where the surroundings and facilities are complementary to the sound physical, social and mental care, and development of children. Those of crèche-going age attend crèche either in the centres where there are such facilities or at external facilities.
Infants are allowed to stay with their mothers only if no other suitable accommodation and care are available at that stage. It should also be regarded as a temporary measure. The policy recognises the right of the mother to have her infant with her during admission because it promotes a positive relationship between mother and child. The policy emphasises that the mother should be taught sound childcare practices to build her own self-esteem and self-confidence, and for the benefit of the child.
The main objectives of the privilege system are to encourage offenders to display good behaviour, to engender a sense of responsibility in them and to ensure their interest and co-operation in treatment programmes. The system consists of primary and secondary privileges. Primary privileges are aimed at retaining, maintaining or furthering family ties to, among other things, facilitate reintegration into society. These privileges are divided into A, B and C groups.
may be promoted or demoted to either the A or the C privilege group. Secondary privileges are aimed at leisure-time activities such as participation in sport and watching television. No sentenced offenders are allowed to receive food from outside prison or to use private electrical appliances.
The Department of Health views the healthcare of offenders as an important responsibility. It includes nutrition, personal care, environmental hygiene and pharmaceutical services.
The department endorses the fundamental rights and privileges of all offenders. In accordance with the Correctional Services Act, 1998, an independent judicial inspectorate regularly inspects all prisons and reports on their conditions and the treatment of offenders.
The service includes mental, dental and reproductive health, supplementary healthcare, health-promotion, and management of communicable diseases, including HIV, AIDS and sexually transmitted infections (STIs).
adherence to ethical codes by health professionals regular health inspections compliance with rules of confidentiality and privacy regarding the medical records of offenders continuous evaluation and upgrading of emergency medical services. The Department of Correctional Services provides a system in which offenders are treated in the same way as other patients in state facilities following PHC principles. Offenders in need of further healthcare are, as far as possible, treated in state hospitals.
The use of private hospitals for offenders is permitted in cases where public hospitals are unable to provide access to healthcare and only after approval by the Regional Commissioner of Correctional Services.
toilet and bathing amenities with hot water suitable clothing and comfortable shoes adequate bedding a clean and healthy environment safe drinking water a smoke-free prison environment. The Minister of Correctional Services approved the department's HIV and AIDS Policy in October 2002. In 2006, the department conducted a health-needs assessment based on government priority areas, as well as a survey on the prevalence of HIV and syphilis among inmates and staff. The results of the survey will inform the department's related programmes and policies.
The department is implementing the Comprehensive Plan on Prevention and Care of HIV and AIDS of the Department of Health, which includes providing ARV therapy to offenders who qualify for this treatment. Altogether, 47 438 HIV and AIDS awareness and health-education sessions were held with offenders in 2006/07.
The department is also collaborating with the Department of Health to assess identified correctional centres for accreditation as ARV therapy-providers. In March 2007, Kimberley Correctional Centre became the ninth accredited correctional location to roll out ARV treatment to offenders. The other eight ARV-accredited sites are Qalabusha, Durban-Westville, Pietermaritzburg, St Albans, Johannesburg, Grootvlei, Groenpunt and Kroonstad.
By the end of 2006, 2 323 offenders were receiving ARV therapy.
prevention, which involves the promotion of safe sexual practices, management and control of STIs, provision of condoms and access to voluntary counselling and testing treatment, care and support respect for human rights awareness campaigns and the commemoration of HIV and AIDS calendar events partnerships with other government departments, the private sector, NGOs and educational institutions peer-led education programmes to introduce behavioural changes among peers the appointment of employee-assistance practitioners to implement employee-wellness programmes.
Exceeding its target of 445 in 2006/07, the department trained 1 159 offenders and officials as peer educators to strengthen prevention initiatives.
The objective is to provide all offenders with three nutritious meals per day and to provide for therapeutic and special diets when they are prescribed by a medical doctor. The system also allows for religious and cultural diets.
To ensure compliance in this regard, a contract is negotiated with an external service-provider to provide balanced meals to offenders, and to train staff and offenders who work in the kitchens.
Rehabilitation aims to provide treatment and development programmes to offenders in partnership with the community. Participation in rehabilitation programmes enhances personal and social functioning, and prepares offenders for reintegration into society as productive, welladapted and law-abiding citizens.
Multidisciplinary teams, consisting of social workers, psychologists, chaplains, educators, correctional officers and others (the external community), address the basic needs of offenders with comprehensive assessments and various needs-based programmes.
raising the literacy rate within the prison environment engaging community organisations to assist with development programmes for offenders establishing training centres at large correctional centres, but also building capacity to deliver training programmes in smaller centres marketing rehabilitation programmes to offenders and the community promoting and implementing restorative justice principles to ensure the involvement of offenders, victims and the community in the rehabilitation process.
This is implemented by means of a multidisciplinary approach in which all role-players are involved, i.e. those concerned with custodial, training, educational, psychological, religious-care and social-work functions, recreational sport and library projects, as well as self-sufficiency and lifeskills programmes.
All offenders have the right to basic education. The aim is to enhance the education level of offenders so that their reintegration into society can be strengthened.
All formal education programmes are outcomesbased, needs-driven and meet the requirements of the National Qualification Framework. Offenders are given access to the General Education and Training, Further Education and Training (FET) and Higher Education and Training (HET) bands. Services are provided to sentenced offenders and ATDs, in collaboration with external partners such as government institutions, training institutions and NGOs.
computer-based training life-skills training and development entrepreneurial skills training. The main emphasis is on providing literacy and numeracy programmes, which include training in occupational, life and entrepreneurial skills. This should enhance the chances of the successful reintegration of the offender into society and labour market. During 2006/07, 102 000 offenders participated in sport, arts and culture programmes.
Participation in trade workshops and farming activities develops the employability of offenders and complements rehabilitation by providing offenders with skills.
The department uses the products and produce, sells to other departments (office furniture) and donates some to impoverished communities.
The department has 20 prison farms on about 40 000 hectares (ha) of which 6 386 ha are dry land, 2 040 ha are under irrigation, 20 885 ha are natural grazing and 9 937 ha are barren. In addition, the department has 116 vegetable gardens at smaller correctional centres.
The department produces a wide range of agricultural products that contribute to selfsufficiency. Milk, butter, broilers, eggs, beef, pork, venison, vegetables, fruit, maize-meal and fodder products (maize, silage, hay, etc.) for livestock are being produced.
Apart from the practical skills that an offender acquires while working on a farm, the department offers formal training with the assistance of instructors in the following courses, which are based on the syllabi of acknowledged external agricultural training centres: irrigation, vegetable cultivation, care for calves, operating milking machines, cattle care, operating tractors and maintaining fencing.
The department has 10 production workshops for wood and steel manufacturing. It also has 16 textile workshops for the manufacturing of clothing and bedding for offenders. Qualified production managers and technicians manage these workshops.
The workshops produce office furniture, benches, recreational equipment, student tables, broom handles, kitchen equipment, beds for offenders, cabinets, lockers, trailers, shirts, trousers and shoes.
Almost R3 million in revenue was generated in 2006 from selling products made in the workshops.
Qualified instructors give formal training and offenders receive accreditation from relevant training boards.
fitting and machining metal work cabinet-making wood machining garment manufacturing technical drawing machines materials. Every offender who completes the training is evaluated through an examination and is issued with a certificate, which is acknowledged by the labour market and the relevant sector education and training authority.
Psychological services are provided for sentenced offenders to improve their mental health and emotional well-being.
External registered psychologists can be contracted if a medical practitioner referred the offender for psychological treatment.
Offenders may see a private psychologist at their own expense.
Students who are studying towards their MA degrees in clinical or counselling psychology provide services without remuneration under the supervision of their respective universities. Following an agreement with the Department of Health, the department offers places for psychologists who need to complete their oneyear compulsory community service. This came into effect in January 2005 and has had a very positive effect on the psychological resources available in the department.
By May 2007, the department had 48 psychologists. It surpassed the 2006/07 targets of 15 500 by reaching 17 818 offenders.
Social-work services aim to provide professional services to help offenders cope more effectively with problems relating to their social functioning, and to prepare them for reintegration into society. Social workers employed by the department provide structured programmes on life skills, family care and marriage, alcohol and drug abuse, orientation, sexual offences, trauma, pre-release, and HIV and AIDS treatment.
In 2006/07, some 86 571 social-work sessions took place.
Spiritual-care services are rendered to offenders through needs-based programmes within a multidisciplinary context. This is done in partnership with churches or faith-based organisations (FBOs) to rehabilitate offenders and reintegrate them into society. It also aims to contribute to changing offenders' behaviour, based on a lifestyle which is in accordance with the acceptable values and norms of their faith.
Sentenced and unsentenced offenders, probationers, parolees and personnel (on an ad hoc basis) have access to spiritual-care services. The department employs full-time chaplains and parttime spiritual workers from various religious backgrounds.
The department is a member of the International Prison Chaplaincy Association. A working relationship also exists with FBOs like Prison Fellowship International, Alpha, New Life Behaviour Ministries and Kairos. Provision is made for offenders to observe the main religious festivals and holy days such as Ramadan, Passover, Good Friday and Christmas. Religious and spiritual literature, such as the Bible and the Qur'an, are supplied to offenders.
In 2006/07, 164 582 spiritual-care sessions took place against a target of 162 500.
CMCs at each correctional centre are responsible for ensuring a professional and co-ordinated approach towards the incarceration, treatment, training and development of all offenders.
This is implemented by means of a multidisciplinary approach in which all role-players are involved, i.e. those concerned with custodial, training, educational, psychological, spiritual-care and social-work functions; recreational, sport and library projects; as well as self-sufficiency and lifeskills programmes.
CMCs have statutory decision-making competencies regarding the safe custody of offenders, individual participation, subgroup and group programmes, as well as rewarding positive behaviour promptly.
In 2006/07, the department intensified the work of CMCs and the correctional supervision and parole boards (CSPBs) and reduced cases by 49,16% to 9 957.
The Department of Correctional Services, as part of the Criminal Justice Cluster, is entrusted with dealing responsibly with all offenders in its charge, for the duration of their sentence. Part of this responsibility is ensuring that offenders are returned to society in a responsible manner and at the most appropriate stage of their sentence or at the end thereof. This has to be done not only in the offender's own interest, but also in the interest of the State and society.
Although offenders have to serve their full sentences, the department realises that, in the interests of successfully reintegrating offenders, it is normally not appropriate for them to serve the full period of their sentences in a correctional centre.
In South Africa, parole is a form of conditional placement, which may be granted to offenders after they have served a certain period of the sentence imposed by a court. The remainder of the sentence is then served under supervision in the community, subject to specific conditions of the system of community corrections.
The majority of cases under consideration for parole are dealt with by the CSPBs, with some exceptions, e.g. those sentenced to less than 12 months, which the Head of the Correctional Centre deals with. Those sentenced to life imprisonment or who are declared dangerous criminals are considered by the Minister of Correctional Services and the courts.
The primary task of a parole board is to consider and approve/disapprove the placement of offenders under either correctional supervision, on day parole or parole on medical grounds. By mid-2007, there were 52 parole boards countrywide, which will be expanded during the next few years.
Crime victims can make representations to a parole board when the placement of an offender on parole or under correctional supervision is considered.
Although the Correctional Services Act, 1998 allows for a parole-board decision to be final, which means that members of the department cannot overrule the decision of a parole board, the legislator deemed it necessary to provide for a correctional supervision and parole review board empowered to review decisions of any parole board.
The Parole Review Board acts as the mechanism whereby the minister and the commissioner can ensure that parole boards do not abuse their powers.
Should reasons exist that a parole board might have failed in its decision, the minister or the commissioner may refer such a case to the Parole Review Board.
other parole boards to serve as future guidelines. The Parole Review Board, through the rule of law, gives guidance to other parole boards.
The board consists of members selected from the National Council on Correctional Services and is chaired by a judge of the SCA. Other members who serve on the board are a member of the NPA, two members of the community, a person with special knowledge of the correctional system and a member of the Department of Correctional Services.
At the end of the 2006, there were more than 60 000 parolees and probationers who were serving their sentences under community corrections.
The department aims to equip offenders with the skills needed for their effective reintegration into society after release. Offenders sentenced to longer than six months' imprisonment undergo a basic pre-release programme before release. Aspects receiving attention include how to secure employment and personal-finance management.
Specialists from the community are also involved in the reintegration process. Care and support for an offender are prerequisites for release. Before offenders are placed, they are assisted with obtaining employment and accommodation, or at least care and support. Community involvement in supporting offenders after release is encouraged. Offenders are provided with some financial and material assistance before they are released.
Four corrections programmes have been developed and endorsed, marking a real focus on root causes of crime in society, namely anger management, a sexual-offenders programme, substance abuse and a pre-release programme. Participation in rehabilitation programmes will soon be compulsory.
The White Paper on Corrections is based on the principle that the Department of Correctional Services should be an institution for rehabilitation, and that rehabilitation and social reintegration of offenders are the joint responsibility of society and the State.
The department has partnerships with NGOs, FBOs and community-based organisations in rendering reconciliation and moral renewal programmes for offenders and communities, so that rehabilitated offenders may be released into a receptive environment to ensure that both offenders and their victims, or affected families and communities, are reconciled.
A position paper on the social reintegration of offenders was developed in alignment with the White Paper on Corrections and with due cognisance of African and other international policy instruments.
The paper focuses on the need to increase the involvement of communities and the capacity to efficiently rehabilitate offenders subject to correctional and parole supervision and other noncustodial measures.
Policies and supporting procedures were subsequently developed and changes made to the organisational structure. The judiciary and stakeholders were briefed accordingly during roadshows to promote co-operation and the use of non-custodial measures such as community service.
During February 2007, 1 706 officials at 194 community corrections offices managed a daily average of 46 558 active offenders (29 218 parolees and 17 340 probationers) as well as the tracing of 24 145 absconders (18 403 parolees and 5 742 probationers).
It is an offence for probationers or parolees to abscond from the system of community corrections and, if found guilty, they may be sentenced for up to 10 years' incarceration. Absconding from community service has decreased since the end of the 1990s, and a framework was drafted to further reduce absconding and to trace absconders.
Parolees are subject to certain conditions and supervisory measures aimed at gradually reintegrating them into society.
To achieve these goals, parolees are allocated to a supervision official of the department, who ensures that they are monitored regularly and receive the necessary support and guidance to promote their reintegration.
Contravention of parole conditions leads to interventions such as correctional programmes, stricter conditions, increased supervision and revocation of parole. Based on their risk profile, there are five supervision phases for parolees. The conditions for parole usually include periods of house detention, restriction to a specific magisterial district, attendance of correctional programmes and performance of community service.
Monitoring includes visits to the parolee's home and workplace, telephonic liaison and consultations at the Community Corrections Office.
Correctional supervision refers to several alternative sentencing or placement options available to courts, and entails the sentencing or placement of offenders under correctional supervision for a certain period.
Some offenders may have to serve a short period of incarceration before their sentences can be converted to correctional supervision. Correctional supervision provides the opportunity to deal with some offenders outside the walls of correctional centres. Offenders who pose a real threat to the community and who have chosen crime as a career, however, do not qualify for correctional supervision.
house detention free community service victim's compensation restriction to a magisterial district prohibition of alcohol use or abuse participation in certain correctional programmes. If the conditions are violated, offenders can be referred to the court for consideration of an alternative sentence or, in certain cases, correctional supervision can be revoked in which case they have to serve the remainder of their sentences in correctional centres.
Persons awaiting trial may also be placed under correctional supervision. Because little is known about their criminal record prior to conviction, they are classified under the supervision category. Persons accused of a crime can also, instead of bail or in addition to bail, be placed under the department's supervision while awaiting trial or sentencing.
A small number of offenders are placed on day parole either because they are institutionalised or they have a doubtful prognosis and pose a high security risk to the community. These offenders are gradually resettled into society as a bridging measure, instead of being released upon termination of sentence. Day parolees have to comply with certain conditions.
Contravention leads to withdrawal of privileges, stricter conditions or suspension of day parole.
Under certain circumstances, offenders whose parole has already been approved may be allowed to spend weekends at home for the consolidation of family ties, preparation for release or for reasons that involve the reintegration of the offender into society.
Offenders may also be granted compassionate leave, for them to attend close family members' funerals.
Employees of the Department of Correctional Services subscribe to the Labour Relations Act, 1995 (Act 66 of 1995).
Two labour unions are active in the department, namely the Police and Prisons' Civil Rights Union and the Public Servants' Association.
Because the department renders an essential service, its members are not allowed to strike.
preventing and investigating corruption, fraud, theft and serious maladministration sanctioning officials found guilty of corruption, fraud, theft or serious maladministration. The department has complied fully with government's Minimum Anti-Corruption Capacity requirement, and of utmost importance is the agility displayed by units in the department tasked with combating and preventing fraud and corrupt activities within the department. Its policy frameworks include a fraud-prevention policy, a whistle-blowing policy and an anti-corruption policy. The department took a bold step in 2006 by naming and shaming those officials who were found guilty of fraud and corruption.
To strengthen its anti-corruption mechanisms and security in its facilities, the department plans to set up its own Vetting Fieldwork Unit together with the National Intelligence Agency.
The department's efforts at building an ethical and secure correctional system are ongoing, as evidenced by the launch of anti-corruption and ethics management training in 2006, which equipped 880 managers with the skills needed to improve work ethics and fight corruption.
ethos in correctional services evolution of corruption and factors contributing to corruption understanding corruption and factors contributing to it understanding anti-corruption strategies risk management conflict, diversity and change management ethical reasoning and decision-making professional ethics for the Public Service. This training was expected to be rolled out to lower levels during the 2007/08 financial year.
To combat fraud and corruption, the department has forged partnerships with external agencies such as the SIU, the DSO and SAPS.
A new code of conduct that closed gaps in the disciplinary system.
A task team with regional representatives being established to accelerate the implementation of the disciplinary recommendations of the Jali Commission that were tabled in 2006. As a result of the Jali Commission, the Departmental Investigation Unit investigated over 100 officials.
120 persons as part of investigations into medical-aid fraud amounting to R45 million. By mid-2007, the disciplinary hearings of 96 officials were in the final stages.
The department's internal anti-corruption campaign was expected to kick off in 2007 to strengthen the move to a more secure and ethical correctional system.
The Department of Correctional Services works closely with organisations such as the American Correctional Association and the International Corrections and Prisons Association (ICPA).
The department endorsed the Charter of Fundamental Rights for Prisoners at the 11th UN Congress on Crime Prevention and Criminal Justice in April 2005.
It will continue to participate in multilateral forums such as ICPA, the Conference of Commissioners for East and Southern Africa and the UN.
In conjunction with other African states, the department is developing a programme that will result in full compliance with the UN Minimum Standards on the Treatment of Offenders. Participation in bilateral commissions and joint commissions of co-operation has resulted in the department hosting several delegations from various countries, as well as the Commission on Human and Peoples' Rights under the AU.
Ministers responsible for prison management and correctional services in SADC countries are continuing efforts to implement the July 2003 Johannesburg Declaration on Corrections.
The declaration seeks to include the field of corrections in the work of regional and continental multilateral structures.
Beeld BuaNews Commission on Gender Equality Department of Correctional Services Department of Justice and Constitutional Development Estimates of National Expenditure 2007, published by National Treasury Public Protector South African Law Reform Commission www.dcs.gov.za www.financialmail.co.za www.gov.za www.idasa.org.za www.southafrica.
Bizos, G. Odyssey to Freedom. Johannesburg: Random House, 2007.
Burger, J. Strategic Perspectives on Crime and Policing in South Africa. Pretoria: Van Schaik, 2006.
Dawes, A. et al, eds. Monitoring Child Well-Being: A South Africa Rights-Based Approach. Cape Town: Human Sciences Research Council (HSRC) Press, 2007.
Foster, D, Haupt, P and de Beer, M. The Theatre of Violence: Narratives of Protagonists in the South African Conflict. Cape Town: Institute of Justice and Reconciliation, 2005.
Gibson, JL. Overcoming Apartheid: Can Truth Reconcile a Divided Nation Cape Town: HSRC Press, 2004?
Kaliski, S, ed. Psycholegal Assessment in South Africa. Cape Town: OUP SA, 2006.
Lewis, HP. God's Gangsters: The History, Language, Rituals, Secrets and Myths of South Africa's Prison Gangs. Cape Town: Ihilihili Press, 2006.
Maxwell, E and Mogwe, A. In the Shadow of the Noose. Gaborone: Ditshwanelo, 2006.
Oduyoye, M and Kanyoro, M. The Will to Arise: Women, Tradition and the Church in Africa. Pietermaritzburg: Cluster Publications, 2006.
Pickover, M. Animal Rights. Cape Town: Double Storey, 2006.
Richter, L. et al. eds. Sexual Abuse of Young Children in Southern Africa. Pretoria: HSRC, 2004.
Truth and Reconciliation Commission of South Africa Report, Cape Town: Juta, 2003.
<fn>GOV-ZA.2007En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2007SccPosterStepbystepguideA3En.2012-02-10.en.txt</fn>
them to satisfy your claim.
gross irregularity with regards to the proceedings.
&#3;&#3;&#3;&#3;7KH&#3;MXGJHPHQW&#3;RI&#3;WKH&#3;FRXUW&#3;LV&#3;¿&#3;QDO&#15;&#3;XQOHVV&#3;VRPH&#3;JURXQG&#3; The opposing party must immediately pay any or all the money owedSTEP 7 for review exists. to you according to the judgement if they have the money available.
Settle any order for costs that the court may make against Immediately issue a receipt for any money paid.
After you. The only possible costs can be those that the opposing In case the opposing party is unable to comply with the judgement judgement party may have had in respect of fees for the sheriff.
Abide by the decision of court. position and determine their ability to settle the judgement debt and any costs incurred and make an order for repayment.
If the judgment debtor fails to comply with the judgment or order of the court.
STEP 2 is transferred to the Magistrate's Court and the execution procedure, as prescribed by the Magistrate's Courts Act, 1944 (Act 32 of 1944), is followed. It is advisable to make use of legal representation with this procedure.
You must appear in court in person.
Ensure you have all the relevant documents on which your claim is based with you.
Ensure that all your witnesses are present.
Ensure that you have the written proof that the summons was served on the opposing party.
The court procedures are informal and simple.
No advocate or attorney may appear on your behalf.
is based and the amount you areseeking.
Delivery of the days from receipt of your letter to settleyour claim.
Deliver the written demand by hand orregistered post to the opposing party.
The commissioner of the court will request you to state your case. State the facts as concisely as possible.
Answer the questions of the commissioner and submit your exhibits.
No cross-examination between the parties is allowed. With the commissioner's permission you may, however, put a few questions to the opposing party.
STEP 3 have not been presented accurately.
Going to the clerk can pass judgement. The commissioner may also indicate that judgement will be passed in writing at a later summons stage.
Any contract, document or other proof upon which yourclaim is based or that has regard thereto.
The full name and address (home and business addresses, if available) and telephone number of the opposing party.
The clerk of the court will examine your documents and assist you in drawing up the summons.
The clerk of the court will issue the summons and hand it to you to handto the opposing party.
The clerk of the court will also inform you of the date and time of thehearing of the case.
Serve the summons on the opposing party in person and havethem sign for the document.
The plaintiff is required to make copies of the summons, letter of demand and return of service. The copies must be served on the opposing party (otherwise known as the respondent).
This poster merely informs you of the most important steps to be taken with regard to the institution of a case in the small claims court.
Institute your own claim!
<fn>GOV-ZA.2007aprEn.2012-02-10.en.txt</fn>
Richard Maponya (1926 -): For his excellent contribution to entrepreneurship despite oppressive apartheid conditions, and for serving as an inspiration to disadvantaged South Africans striving for business success.
Sally Motlana (1927 -): For her excellent contribution to women's emancipation and upliftment and her struggle for a non-racial, just and democratic South Africa.
Dale White (1934 -): For his excellent contribution and commitment to the objectives of the Wilgespruit Fellowship Centre to provide and create space for a multiracial, equitable and non-discriminatory interaction and philosophy in the face of the institutionalization of the apartheid ideology post the 1948 election.
Rica Hodgson (1920 -): For her excellent contribution to the struggle for a non-racist, non-sexist, just and democratic South Africa by carrying out onerous work for the liberation movement that included fund-raising, organising and producing underground political material while in South Africa and in exile.
Johnny Issel (1946 -): For his outstanding contribution in the workers', students' and grassroots struggles against apartheid and for the development of the vision and formation of the United Democratic Front.
Emma Thandi Mashinini (1929 -): For her outstanding contribution in building the trade union movement, her resilience under apartheid harassment and detention, in the cause for a non-sexist, non-racial, just and democratic South Africa.
Johnstone Mfanafuthi Makatini (1932 - 1988): For his excellent contribution to the cause of freedom, opting for exile to raise international awareness about the ravages of apartheid and mobilising support for international pressure on the apartheid State.
Florence Mophosho (1921 - 1985): For her excellent contribution to the anti-apartheid struggle, braving police harassment to mobilise society for a just and democratic South Africa, and striving for gender equality.
Gagathura Mohambry 'Monty' Naicker (1910 - 1978): For his excellent contribution to the struggle against apartheid, for contributing to the uniting of anti-apartheid forces and for putting his medical profession at the service of the poor and downtrodden.
Gert Shadrack Sibande (1901 - 1987): For his exceptional contribution to the struggle for the improvement of farm workers' working conditions and for a non-racial, just and democratic South Africa.
Salman El-Herfi (1944 -): For his outstanding contribution to the struggle against colonialism, supporting efforts aimed at post-colonial development on the African continent and helping consolidate relations between South Africa and the Palestinian leadership and people.
Mandlenkosi Aloysius Isaac Zwane (1932 - 1980): For his caring ministry to both South African and Mozambican refugees; his developmental strategies to pull communities out of poverty; his support for the struggle against apartheid; and the struggle to rid churches in Swaziland of their imperial trappings and colonial tendencies.
Harold George 'Harry Belafonte (1927-): For his excellent contribution to the dream of a better world for all, free of racism, poverty and exploitation; for his global contribution to humanitarianism and to music and cinematography.
Canon L John Collins (1905 - 1982): For his excellent contribution to the struggle against apartheid through the Defence and Aid Fund (DAF) and the Canon Collins Educational Trust for Southern Africa (CCETSA) and his contribution to the campaign for nuclear disarmament.
Michael Kitso Dingake (1928 -): For his excellent contribution to the struggle for liberation, democracy and human rights, and for waging a concerted struggle against racial oppression as an ANC activist and operative both in South Africa and from Botswana, including engagement in underground work.
Al' Ami'n Mazrui (1933-): For his intellectual contribution focusing on Africa, Islam and North-South relations, and for putting the African continent on the pedestal, unearthing and laying bare the grandeur of Africa.
Joseph Leabua Jonathan (1914- 1987): For his exceptional contribution to the struggle against apartheid through supporting the liberation movement and the people of South Africa in times of need.
Shridath 'Sonny' Surendranath Ramphal (1928 -): For his exceptional contribution to the struggle against racial oppression in South Africa, striving for better and fairer global economic order and championing the cause of human rights in the international arena.
Eric Eustace Williams (1911 - 1981): For his exceptional contribution to the struggle against colonialism and remarkable scholastic contribution to the understanding of colonialism and the slave economy.
Last modified: 06 December 2007 09:38:54.
<fn>GOV-ZA.2007assdsponsorshippackagesEn.2012-02-10.en.txt</fn>
Participating as a Platinum Sponsor at the 2007 ASSD in Kigali, Rwanda is an excellent opportunity for vendors to gain market exposure, gather knowledge, and network with key government officials and industry peers.
Participating as a Gold Sponsor at the 2007 ASSD in Kigali, Rwanda is an excellent opportunity for vendors to gain market exposure, gather knowledge, and network with key government officials and industry peers.
Participating as a Silver Sponsor at the 2007 ASSD in Kigali, Rwanda is an excellent opportunity for vendors to gain market exposure, gather knowledge, and network with key government officials and industry peers.
Participating as a Government Sponsor at the 2007 ASSD in Kigali, Rwanda is an excellent opportunity for vendors to gain market exposure, gather knowledge, and network with key government officials and industry peers.
Participating as an Exhibitor Sponsor at the 2007 ASSD in Kigali, Rwanda is an excellent opportunity for vendors to gain market exposure, gather knowledge, and network with key government officials and industry peers.
<fn>GOV-ZA.2007augEn.2012-02-10.en.txt</fn>
Venue: Imbizo Media Centre, 120 Plein Street, Cape Town.
Last modified: 31 August 2007 08:41:18.
<fn>GOV-ZA.2007febEn.2012-02-10.en.txt</fn>
Last modified: 14 February 2008 13:17:14.
<fn>GOV-ZA.2007fmapamphletaugv2En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2007julyEn.2012-02-10.en.txt</fn>
Venue: Room 153, Union Buildings, Pretoria. There will be a video link-up with the Imbizo Media Centre, 120 Plein Street, Cape Town.
The release of the Crime Statistics briefing will take place at Room 159, Union Buildings.
Last modified: 01 November 2007 13:44:16.
<fn>GOV-ZA.2007mayEn.2012-02-10.en.txt</fn>
The International Relations, Peace and Security Cluster briefing will not take place this cycle.
Last modified: 02 July 2007 15:26:08.
<fn>GOV-ZA.2007novEn.2012-02-10.en.txt</fn>
Venue: Imbizo Media Centre, 120 Plein Street, Cape Town and Room 153, Union Buildings, Pretoria. There will be a video link-up at Room 153, Union Buildings, Pretoria.
Last modified: 16 November 2007 07:52:35.
<fn>GOV-ZA.2007septEn.2012-02-10.en.txt</fn>
William Mfulwane (Posthumous): For sacrificing his life in an attempt to save the life of a boy drowning in a water-filled quarry.
Luthuli Detachment: For exceptional contribution to the freedom struggle in Southern Africa by embarking on the first-ever armed military operation against white rule in 20th century South Africa, thereby waging pitched battles against the then Rhodesian state, and by displaying immense bravery against tremendous military odds.
Gladys Thomas: For outstanding contribution to poetry and short stories through which she exposed the political injustices and human suffering of the apartheid regime and for raising international consciousness about the ravages of apartheid.
The Blue Notes: For excellent achievement in the genre of jazz music, contributing to the development of music in the South African townships and defying apartheid laws by forming a multiracial group.
George Moir Christie: For excellent contribution to the game of rugby through his remarkable coaching abilities, and coaching South Africa to Rugby World Cup victory in 1995.
MornÉ du Plessis: For excellent achievement in rugby, putting South Africa on the world stage through being inducted into the Rugby Hall of Fame and promoting the use of sport for social change throughout the world.
William Kentridge: For excellent contribution in the field of fine arts and non-racial theatre in South Africa.
Mandla Langa: For excellent contribution to the struggle against apartheid, achievements in the field of literature and journalism and contributing to post-apartheid South Africa through serving in different institutions.
The Manhattan Brothers: For revolutionising jazz music and contributing to cultural development in South Africa, restoring a sense of pride among the oppressed communities in the face of apartheid harassment and racial discrimination.
Nathaniel Ndazana Nakasa: For excellent contribution to journalism through which he challenged the system of apartheid and racial stereotypes striving for a non-racial, non-sexist and democratic South Africa.
Schalk Pienaar (Posthumous): For raising consciousness in the Afrikaner community, particularly among journalists, about the immorality of apartheid and making them open to change through his daring questioning of the status quo.
Henry Segome Ramaila: For excellent contribution to the development of indigenous languages as a prolific fiction writer of Sepedi literature.
Sam Ramsamy: For excellent contribution to the building of non-racial sport during apartheid and contributing to sporting development in a democratic South Africa.
Edward Roux (Posthumous): For excellent contribution to the struggle for a non-racial, non-sexist, just and democratic South Africa under trying apartheid conditions.
Roland Schoeman: For excellent achievement in the field of swimming.
Mongane Wally Serote: For excellent contribution to literature, with emphasis on poetry and for putting his artistic talents at the service of democracy in South Africa.
Elisabeth FranÃoise Eybers: For breaking through the gender barriers and exceptionally contributing to the literature genre of poetry, especially reflecting on gender issues, and raising awareness about the evils of the apartheid system.
Claire Penn: For excellent contribution to the field of speech and language pathology, especially in the area of linguistics, sign language, child language, aphasia and head injury and producing roundbreaking research in understanding the complexities of human communication.
Sibusiso Sibisi: For excellent contribution in the field of information technology in South Africa, contributing to the development of research and development (R&D) and providing business technology with analyses and strategies.
Valerie Mizrahi: For excellent contribution in the field of biochemistry and molecular biology and contributing to the developing of genetic tools for validating new drug targets and vaccine candidates for tuberculosis.
Last modified: 19 August 2008 15:10:26.
<fn>GOV-ZA.2008011001En.2012-02-10.en.txt</fn>
Administration. We are privileged to host the first forum of its kind in Africa. This is a unique opportunity to reflect on the past work of the forum, to evaluate the current challenges and to adopt appropriate strategies to assist governments and tax intermediaries navigate their respective responsibilities in a world that is increasingly more integrated and more complex.
Two months ago, we hosted the Annual meeting of the G20 Finance Ministers and Central Bank Governors just outside of this city. That meeting afforded us an opportunity to take stock of the challenges confronting policymakers across the world. We recognised then, as we should emphasise today, that sustaining growth and development and sharing prosperity is a collective responsibility.
We (also) agreed that the orderly unwinding of global imbalances, while sustaining global growth is a shared responsibility involving: steps to boost national saving in the United States, including continued fiscal consolidation; further progress on growth enhancing reforms in Europe; further structural reforms and fiscal consolidation in Japan; reforms to boost domestic demand in emerging Asia, together with exchange rate flexibility in a number of surplus countries; and increased spending consistent with absorptive capacity and macroeconomic stability in oil producing countries. The need to address rising pressures on health and social security spending and infrastructure was also stressed.
In essence, that paragraph reflects the fact that the world as we have known has changed immeasurably. Undoubtedly, this impacts on the immediate tasks of revenue administrations and tax policy everywhere.
There are a series of economic processes underway, including the expansion of international trade in goods and services, the freer exchange of technology, an expansion in foreign direct investment and the large-scale movement of finance and people. All of this was recognised in the declaration of your previous meeting in Seoul.
Stronger emerging market economies are now able to increasingly access the markets of industrialised countries while integrating into global supply chains, attract investment, managerial skills and technology. This prompted the economist Paul Collier to comment, "for the first time in history, developing countries have broken into global markets for goods and services other than just primary commodities", and adds " now, 80 per cent of developing countries' exports are manufactures or service exports."
Undoubtedly, the centres of economic growth have shifted increasingly towards the developing world.
Yet, the measure of growth between countries still reflects deep inequality. In 2005, the Commission for Africa report put it thus, " Growth and globalisation has brought higher living standards to billions of men and women. Yet, it is not a wealth that everyone enjoys. In Africa, millions of people live each day in poverty and squalor. Children are hungry, their bodies are stunted and deformed by malnutrition. They cannot read or write."
Let me repeat the consensual refrain that sustaining growth and development and sharing prosperity is a collective responsibility.
So what role is there for tax administration and tax policy More precisely, the sources of revenue are largely from direct sources such as the profits of corporations or the earnings of individuals, or from indirect sources such as imposts on sales, excises and in some instances from royalties or capital gains, whereas poorer countries still depend on customs duties for the bulk of their revenues. Our tax systems have essentially been designed for sovereign states. The choices available to countries are frequently an expression of their state of development?
To prevent leakage or unfair practices, we have concluded thousands of agreements to prevent double taxation - all in the interests of sustaining sovereign entities.
The conundrum is surely that the scale of integration bypasses these sovereign arrangements, without first requesting permission. Consequently, the tasks at hand, as reflected in the G20 statement are increasingly more difficult to implement - how does a country effect fiscal consolidation when your revenue sources might be volatile Or, how might an oil-producing country attain macroeconomic stability when few experts can ever accurately forecast the oil-price From what sources will countries finance healthcare and social security when their revenue sources are under immense pressure And, what about the poor countries who haven't yet had the advantage of refining their tax administrations?
This meeting needs to consider in earnest the role of best practice and the identification of those mechanisms that can be shared in order to assist and build stronger administrations. We have some experience in South Africa - we invested in improving our tax system and tax administration under exceedingly difficult circumstances. But we know that these investments have yielded significant returns, measurable in the improved quality of life of South Africans and in the significantly reduced deficit financing. I offer our experiences as learning points for an information exchange. Yet, I wonder whether our tax administration is sufficiently forward looking to take account of the pace and volumes of cross-border transactions.
In the past decade, our ability to trade, interact and relate to each other on an international level has become increasingly dependent on a set of rules and norms that we all need to be part of setting and that we all need to adhere to. Issues such as climate change have brought to the fore the need for global partnerships in tackling environmental degradation. Organised crime, the drug trade, human trafficking, money laundering, the financing of terrorism and child labour can be added to the set of global issues that require joint responses.
In our context here today, we know that globalisation and inadequacies in global institutions have increased the complexity of tax administration. Off-shore tax havens, transfer pricing, multiple income streams and complex supply chains make the lives of administrators ever more burdensome and complex. Tax and customs evasion have gained dimensions that require increased global co operation if they are to be addressed.
We also know that this is an area where the legitimate, rational behaviour of a single country can do considerable damage to the global economy or to specific countries. Lower interest rates and a higher budget deficit may have been a legitimate response in the US to the slowdown following the dotcom bubble. Similarly, the accumulation of dollar assets by Asian central banks is a legitimate strategy to grow their exports and cushion their economies against financial contagion. The combined effect of these actions places the global financial system in a much more precarious position.
Similarly, tax policies by a single country can have negative consequences for tax administration globally. I do know that you are dealing with the issue of tax havens. The steady downward adjustment in corporate tax rates reflects both competition between countries as well as a steady erosion of the tax bases of major countries, forcing the tax burden to be shifted to the less powerful but more vulnerable.
Warren Buffet, the sage of Omaha, recently showed that he paid a lower effective rate of tax than anyone in his office, including his secretary. He asked the US Congress to increase his tax rate. In the name of competitiveness, the tax burden on the top 1 per cent of earners has declined precipitously. In a world of rising inequality, this cannot be correct. Again, only joint action by partners in a global village can deal with such inequities. More generally, it must be of concern to policy makers and tax administrators that changes to tax policies have been a significant factor driving rising inequality in the world today.
Multinational enterprises are an essential element of our global economy. They transfer capital, technology, expertise and goods and services in an efficient manner. There is, however, another side to the growing reach of multinationals.
One of the by-products of globalisation is that there are now fewer brands with large global brands usurping smaller regional ones. From a tax perspective, some multinationals engage in behaviour that is aimed at one purpose - the minimisation of tax. Our world needs a set of rules that are simple, transparent and equitable to differentiate legitimate competition between countries from the steps and measures that make tax evasion or avoidance easier.
For the global trade system to work in the long term, everyone - including multinationals - must recognise that such short term behaviour is only likely to result in a backlash, a retreat to protectionism, and inevitably to a world that is poorer.
Smaller, poorer countries with tax administrations that are less sophisticated cannot be expected to develop the expertise required to unravel the complex structures that multinationals and other large companies put in place to minimise tax.
The OECD has led the way in fostering partnerships between nations in response to many of these global public goods issues. These partnerships must be applauded but they must be extended to poorer countries who are often the victims of organised efforts to undermine their tax bases. It is a contradiction to support increased development assistance, yet turn a blind eye to actions by multinationals and others that undermine the tax base of a developing country.
This meeting therefore provides a unique setting to discuss issues of global financial governance and development as it brings together a variety of countries at different levels of development. It is, therefore, essential that, as our discussions unfold, we introduce a sense of partnership into the solutions that we seek to find. Building partnerships is essential, and here I wish to acknowledge the work done by the OECD on cooperation with non-members and through its outreach programmes.
I am confident that your deliberations will enhance our mutual understanding of the challenges we face so that we may together find solutions to ensure greater global stability, equality and prosperity.
Having noted the importance of tax as a fiscal instrument, I agree with your focus on tax intermediaries - the accounting and legal professions, investments banks, and so on. The role and influence of tax intermediaries on the tax-paying public, including corporates is significant. Tax administrations need to demonstrate that they operate on the basis of fairness, that they are transparent, that the laws governing taxes are clear and that good governance is practiced. This goes along with making it easier to comply through innovative measures designed to make paying tax easier.
Intermediaries, however, influence these attempts to raise levels of compliance for good and for ill. On the one hand they may make the tax system more accessible to taxpayers. On the other they may market or facilitate aggressive tax strategies that undermine the policies of government and influence perceptions around what is fair and equitable.
In our environment, this is of particular concern as the role of the fiscus in development, redistribution and providing stability and predictability cannot be understated. It is, therefore, imperative that we build relations with the taxpayer on the basis of a different framework - a framework which is designed around providing a sense of social responsibility and civic duty - one where the community and society benefit.
I have no doubt that tax intermediaries provide an essential function in guiding tax payers on what their duties and responsibilities are within the legal parameters. In this sense it is essential that the parties work towards building relations that seek to maximise compliance levels - what is now termed the 'enhanced relationship'. But these 'enhanced relationships' should not allow us to deviate from the tasks at hand - to build a more prosperous and more equitable global economy. There is a grim reminder in Kevin Phillips book, 'Wealth and Democracy', in it he writes, 'Either democracy must be renewed with politics brought back to life, or wealth is likely to cement a new and less democratic regime - plutocracy by some other name.' The world does not have to be that extreme - this forum has convened because you, as tax administrators know that you have a responsibility to producing fairer outcomes.
Everywhere, you implement the tax policies decided elsewhere - your tasks cannot be that exclusive. As the Finance Ministers and Central Bank Governors of the G20 have spoken of a different world, your task is here to agree and then to influence your principals that a better world is both urgently necessary and within grasp.
<fn>GOV-ZA.2008011601En.2012-02-10.en.txt</fn>
Thank you for the opportunity to share with you in the shock and grief of the loss of Comrade YM. It is a privilege accorded me, in the same way as history accorded me the privilege of working with and learning from Yunus over a number of decades.
As we age, we appreciate beauty differently. Great works, such as finely woven rugs respond so wonderfully to the eye, and to touch. We could be forgiven for thinking that the beauty emanates from the bits of yarn tied together, when in fact we ought to appreciate that it is the weft and warp, the undercarriage of the rug if you wish, that gives it form, depth and shape. Revolutions are no different, all revolutions need the brightly-plumed, charismatic, rabble rousers - but if that were all, you would only have episodically roused rabble. Revolutions need the undercarriage of thinkers, planners and persuaders. It was to this grouping that YM so obviously belonged. My experience of him was of a persuader - not because he feared , on the contrary by the time we first met he had already tasted solitary confinement, but because he was so focused on success. Yunus was one of those who gave our struggle form, depth, shape and style!
We were a part of a collective of people who were young, inexperienced and fearless. There we were, a group of 30 year olds, with Yunus as our senior at the ripe old age of 33, launching the UDF. I really wouldn't trust the youth with so big a task, but our elders did. We had all of the experience of student organisations and the odd civic campaigns, and we were ready. In this context, the role of people like YM included holding some of our wildness in check, and maintaining the momentum on course. None of this could be attained without taking the most unimaginable, but calculated risks - a revolution without risk is no revolution, and mistakes were inevitable. No sooner had we launched this fantastic movement, that we almost blew it completely four months later on a crazy debate about "flexibility of tactics" - I told you that those were crazy times. The issue should be less about what almost split the UDF than on how we were able to unite in the face of such self-imposed adversity. The reason that we were able to pull through was that our lives depended on each other - we all faced enormous personal risks - banning, detention, torture, banishment and exile were the lighter side of those risks - so we needed each other, we needed trust and we understood the meaning of comradeship. That ability to put your entire life in the hands of another person with whom you shared a belief system, that environment that was devoid of personal glory, where patronage was absent, corruption punishable and squealing unthinkable - that was the furnace in which we were shaped. It was in that furnace that the calm rationality of Yunus won through, allowing us to win back ground and to advance towards our goal.
Yunus was one of a number of activists at the time that emphasised the value of grassroots organising. Honed in the civic movements, mainly in and around Durban and in Cape Town in the late 1970s and early 1980s, Yunus and many other activists mastered the art of door to door work; visiting the homes of people to present the views of the movement and building grassroots organisations. Yunus was a member of the ANC underground, yet spent much of his political life doing mass-based political work. It is this type of approach to struggle, to put people first; to take the masses along in our campaigns; to argue, persuade, cajole, convince the masses to become part of the struggle rather than passive bystandersthat YM will be remembered for. And he did this with the utmost humility.
So as we mourn the passing of so great a comrade and friend, we should pause and consider the source of his greatness. Yunus was driven by his beliefs in a world that should be different, where we can and must make that difference. Yunus would share the view that the struggle is not over and that we cannot conflate the struggle for a better life for all with our personal changed circumstances - fancy titles, big cars, more affluent suburbs and larger salaries - notwithstanding all of this, the struggle continues. The most fitting tribute we could pay to YM's life is to commit to recapturing the ground lost in the values that he has struggled for - respect and dignity for all, the highest ethical standards by the holders of office, non-racialism and non-sexism. Aluta continua!
<fn>GOV-ZA.2008012101En.2012-02-10.en.txt</fn>
The National Treasury will conduct an auction to buy-back the Inflation Linked Bond R198 (3.80%:2008) and offer the R210 (2.60%: 2028) and R202 (3.45%:2033) through the South African Reserve Bank (SARB).
Bond to be bought back : R198 (3.
The National Treasury reserves the right to buy-back or offer nothing or less than the announced amount if warranted by market conditions.
the auction closing times are kept different for the buy-back and offer auctions for systems operational purpose.
<fn>GOV-ZA.2008012102En.2012-02-10.en.txt</fn>
The National Treasury will buy-back the Inflation Linked Bond R198 (3.80%:2008) and offer the R210 (2.60%:2028) and R202 (3.45%:2033) through the South African Reserve Bank (SARB).
Methodology: An All-In-Pricing method will be applicable; however, bids will be submitted in terms of yield.
Participation: The buy-back/offer is on a voluntary basis and all BESA members are eligible to participate.
The auction will be conducted on a multiple yield basis, where successful bidders will be allotted at their respective bidding yields.
The auction will be on a cash neutral basis.
Participants are required to submit nominal amounts with a minimum of R10 million and multiples of R5 million there after.
Settlement will be on a T+3 basis.
Bond : R198 (3.
Bonds : R210 (2.60%: 2028) and 202 (3.
The auction closing times are kept different for the buy-back and offer auctions for systems operational purpose.
The SARB will publish the results of the auctions by 12h30.
The National Treasury reserves the right to buy-back or offer nothing or less than the announced amounts.
Odd-lot amounts: The National Treasury will round upwards any odd amounts to the nearest R1 000, 000. 00 (one million rand).
An option is available to participants to top-up any odd amounts up to the nearest R1 000, 000. 00 from National Treasury.
The topped up amount(s) will be sold to the successful bidders at the allotted yield of the auction.
This option will be available up to 12h00 the next business day following the auction.
<fn>GOV-ZA.2008012401En.2012-02-10.en.txt</fn>
Starting time : 11h00 2.4. Closing time : 11h30 2.5.
o R2,5 billion into R206 (7.50%:2014), o R2,5 billion into R207 (7.25%:2020) and o R2,0 billion into R209 (6.25%:2036).
The National Treasury reserves the right to switch nothing or less than the announced amounts.
<fn>GOV-ZA.2008012402En.2012-02-10.en.txt</fn>
The National Treasury will switch a minimum amount of R7, 0 billion from the R195 fixed interest bond with a coupon of 10, 00%, maturing on 28 February 2008.
Methodology: The switch auction will be on a cash neutral basis and an All-In-Pricing method is applicable; however, bids will be submitted in terms of yield.
Participation: The switch auction is on a voluntary basis. Only primary dealers are eligible to participate.
The National Treasury reserves the right to switch nothing or less than the announced amount.
The source bond for this auction is the R195 (10.
R2,5 billion into R206 (7.
R2,5 billion into R207 (7.
R2,0 billion into R209 (6.
Switch auction will be conducted on a multiple yield basis, where successful bidders will switch at their respective bidding yields.
Primary Dealers will submit their bid/offers of the destination/source bond at competitive yields.
Primary Dealers will be allowed to submit their bids and offers to switch a nominal quantity of the source bond into the destination bonds at a yield of the destination bonds.
Primary Dealers have to state the nominal amount of the source bond they want to switch, with minimum amounts of R10 million and multiples of R5 million.
Primary Dealers have the option to switch from the source bond into one or any of the mentioned destination bonds at competitive bids together with the yield for the destination bond.
Auction date : 28 January 2008 13.2. Settlement date : 31 January 2008 13.3. Auction start : 11h00 13.4. Auction close : 11h30 13.5. Results : 12h00 14. The National Treasury will publish an indicative yield for the source bond at 10h30.
Following the announcement of the indicative yield on auction day by the National Treasury on the source bond (at 10h30), Primary Dealers will submit their bid/offers of the destination/source bond at competitive yields.
The conversion of the source bond to the destination bond will usually have the implication of the nominal of the destination bond being an odd amount. The National Treasury is prepared to round upwards any odd amounts to the nearest R1 000, 000. 00 (one million rand).
An option is available to Primary Dealers to top-up any odd amounts up to the nearest R1 000, 000. 00 from National Treasury.
Odd-lots will settle on 31 January 2008.
<fn>GOV-ZA.2008014En.2012-02-10.en.txt</fn>
'this Act' includes any guidelines issued under section 16.
provide proper, appropriate and transformational judicial education and training, having due regard to both our inherited legacy and our new constitutional dispensation; and offer judicial education and training to aspiring and newly appointed judicial officers as well as continued training for experienced judicial officers.
is a juristic person; and is responsible for the judicial education and training of judicial officers and aspiring judicial officers.
The seat of the Institute is at a place to be determined by the Council with the concurrence of the Minister: Provided that the Institute may, with the approval of the Minister, also conduct its activities away from its seat.
to promote the independence, impartiality, dignity, accessibility and effectiveness of the courts; and to render such assistance to foreign judicial institutions and courts as may be agreed upon by the Council.
There is hereby established a Council responsible for the governance of the Institute.
by the Chief Justice after consultation with the persons required to be consulted in respect of the designation in question.
Any member referred to in subsection (2) whose term of office has expired, may be designated again.
one traditional leader designated by the National House of Traditional Leaders referred to in the Traditional Leadership and Governance Framework Act, 2003 (Act 41 of 2003).
A vacancy in the membership of the Council does not affect the validity of the proceedings or the decisions of the Council.
Due consideration must be given in the composition of the Council to demographic and gender representivity.
Meetings of the Council must be held at the times and places determined by the Chief Justice, but at least every six months.
A majority of the members of the Council constitutes a quorum.
If the Chief Justice is absent from a meeting, the Deputy Chief Justice must act as chairperson, and if both are absent, the members must elect one of their number to preside at that meeting.
The Council may regulate the proceedings at its meetings as it considers fit and must keep minutes of the proceedings.
(a) Every member of the Council has one vote.
In the event of an equality of votes the person presiding will have both a deliberative and a casting vote.
such further standing committee or other committee for a particular purpose as may become necessary.
The members of a standing or other committee may be members of the Council or may be co-opted for that purpose by the Council.
The majority of the members of any such committee must be members of the Council.
The Council is not divested of any function entrusted to any of its committees by virtue of subsection (1) or (2); and may set aside or vary any decision taken by such committee, subject to any rights that may have accrued to a person as a result of the decision.
The Council may do all that is necessary or expedient to achieve the objects of this Act.
establish and maintain contact with the Judicial Service Commission, the Magistrates Commission, Heads of Courts, the organised legal profession, academics and other individuals and entities with an interest in judicial education.
employ such administrative staff as may be necessary; and enter into contracts with service providers and accept liability for the expenses incurred as a result of such services being rendered.
The Council must appoint a Director for a determined term and on such conditions as the Council may determine.
The Council may re-appoint the Director at the end of the term.
appoint and supervise the administrative staff of the Institute; and provide quarterly management reports to the Director-General.
The Minister must, with the concurrence of the Council and after consultation with the Minister of Finance, determine the Director's remuneration, allowances, benefits and other terms and conditions of employment.
Expenditure in connection with the administration and functioning of the Institute must be defrayed from monies appropriated by Parliament for this purpose.
may not be used by the Department for any other purpose unless the Council has been consulted and the National Treasury approves such use.
The Institute may receive funds from donations, contributions or gifts and from other sources approved by the Council in accordance with National Treasury regulations.
is charged with the responsibility of accounting for monies received or paid out for or on account of the administration and functioning of the Institute and for donations, contributions or gifts in accordance with National Treasury regulations; and must cause the necessary accounting and other related records to be kept, which records must be audited by the Auditor-General.
The Institute must utilise the donations, contributions or gifts to advance the objects of the Institute as contained in this Act or any other law.
The financial year of the Institute is the period of 1 April in any year to 31 March in the following year, except that the first financial year of the Institute begins on the date on which this Act comes into operation, and ends on 31 March of the following year.
in a call account or short-term fixed deposit with any registered bank or financial institution in the Republic; or in an investment account with the Corporation for Public Deposits established by section 2 of the Corporation for Public Deposits Act, 1984 (Act 46 of 1984).
a statement, with suitable and sufficient particulars, reflecting the income and expenditure of the Institute during the preceding financial year; and a balance sheet showing the state of its assets, liabilities and financial position as at the end of that financial year.
The Auditor-General must audit the financial statements of the Institute each year.
The Council may, with the concurrence of the Minister who must consult with the Minister of Finance, determine the remuneration, allowances, benefits, and other terms and conditions of appointment of each member of staff.
The Council must prepare and submit to the Minister an annual report in the form prescribed by the Minister within six months after the end of the Institute's financial year.
The Minister must table in Parliament each annual report submitted in terms of this Act.
a statement of the progress made during the preceding year towards achieving the objects of this Act.
The Chief Justice may issue guidelines, with the concurrence of the Minister, in respect of any matter concerning the exercise of any power and the performance of any function of the Institute.
may be remunerated for her or his services on the Council.
Members may be reimbursed for their reasonable expenses incurred in the course of their service as members of the Council.
The seal of the Institute must be determined by the Council with the concurrence of the Minister.
The President must approve the seal of the Institute.
The seal of the Institute must be published in the Gazette on approval by the President.
The Institute must commence with its training functions as from a date fixed by the Minister by notice in the Gazette.
Before the date so fixed, the necessary arrangements must be made for the Institute to be accommodated, equipped and staffed in order to perform its functions properly.
This Act is called the South African Judicial Education Institute Act, 2008, and comes into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.2008020102En.2012-02-10.en.txt</fn>
The Minister of Finance Mr Trevor A. Manuel, MP will present the National Budget to Parliament on Wednesday 20 February 2008. Journalists will be given early access to the documents in a media lock-up under police surveillance in order to allow for a careful study and to assist with timely and thorough coverage of the Budget.
Lock-ups have been arranged both in Cape Town at Parliament and in Pretoria at the offices of the National Treasury. To ensure and maintain the integrity of the lock-up arrangements, it is of utmost importance that no information contained in any of the documents prior to the lifting of the embargo on 20 February 2008 is leaked, as this would seriously jeopardise future arrangements for all media.
Cape Town: 100 Plein Street Building for PGA journalists and the Imbizo Media Centre for non PGA members.
All journalists attending the lock-ups, which include a media briefing, are required to confirm their details by no later than 8 February 2008. Journalists are also expected to personally sign for the documents as proof that they accept and will comply with the conditions and lock-up rules.
As no communication of any nature either by telephone, e-mail or any other means is allowed during the lock-up, we recommend that journalists from the PGA who will not be working on the budget work from elsewhere, until 14h00 on the day.
Cellphones are to be switched off throughout the duration of the lock-up.
Nobody will be allowed to leave the lock-up before the Minister begins his speech at around 14h00.
National Treasury officials will be available in case of any emergencies, and journalists should request any assistance from them.
Refreshments will be served at 09h30 and 12h30. The lock-up will end at 14h00, or when the Minister begins to speak in Parliament.
We expect the proceedings in the National Assembly to commence at 14h00. Although every effort will be made to ensure that the Minister delivers his speech at 14h00, the embargo will end only once the Minister begins to speak in Parliament.
If you are attending the Cape Town lock-up, please confirm your details with Sinombulelo Mlisa on (012) 315 5170 or at Sinombulelo.mlisa@treasury.gov.za.
If you are attending the Pretoria lock-up, please confirm your details with either Boitumelo Kwele on (012) 315 5275 or at Boitumelo.kwele@treasury.gov.za.
315 5518 or at sinazo.kali@treasury.gov.za.
All documentation will be available on our website, www.treasury.gov.za from 14h00.
<fn>GOV-ZA.2008020103En.2012-02-10.en.txt</fn>
The Minister of Finance, Mr Trevor A Manuel, MP will present the 2008 Budget to Parliament on 20 February 2008. The National Treasury will once again be arranging a workshop for journalists to guide and assist them on how to work with the various documents.
The workshop will include presentations by senior National Treasury and SARS officials about some of the key areas of the Budget that journalists may need some guidance on. The same officials will be available to assist during the lock-ups. We welcome your ideas and suggestions on topics you would like us to cover and request that you bring along copies of the 2007 Budget documents, as these will be used throughout the workshop. Copies are available on the website, www.treasury.gov.za.
All journalists who would like to attend the workshop must please forward their details to Sinombulelo.mlisa@treasury.gov.za or call 012 315 5170 before Monday, 11 February 2008.
<fn>GOV-ZA.2008020104En.2012-02-10.en.txt</fn>
I stand before you as a representative of the National Executive Committee of the African National Congress, on behalf of the National Government and on my own behalf to extend our sincerest condolences to all of you. There is nothing in life that could prepare us for a tragedy of this magnitude - in fact there is little ever that equips us to deal with the loss of even a single loved one - a tragedy of this scale is beyond our imagination. But we are together, bound by this grief and we recognise that the passing of these fine people has touched so many of us.
In the loss of Don and Alfredo, the entire South African society, and especially those who continue to struggle every day to create a better life for all, has lost two committed and dedicated educators. It would appear that neither Don nor Alfredo chose to be teachers - the profession chose them, called them and bound them. They were born of teachers, raised to be teachers and lived to be educators - not as a job, or even as a passion, but truly as a life.
As educators, the roles of Alfredo and Don changed somewhat in the past decade. Alfredo remained the classic educator - who lived his life in the classroom before a chalkboard - living out his life and dreams in that environment. Don moved on to the organisation of his peers and was in the privileged position of having an older brother against whom he could measure the success of his efforts as an organiser, mobiliser and negotiator.
Their two roles, understood together are borne of the single belief that no educator can respond to their calling unless they operate in a climate that supports learning and teaching. Taken one step back, no effective learning ad teaching can take place in a society that is broken. So, almost the first task of an educator is to understand that transforming society is an integral part of the environment for teaching. This is why I am here as a representative of the ANC - a movement united in the belief that much more needs to be done to secure the fruits of struggle. That is the one side of the equation.
The other side is about the educator who in the classroom must be motivated, trained and supported - and, in order to attain that, there is the ongoing struggle for better remuneration for the educator corps.
Alfredo brought these two sides together completely.
Don because of his leadership position in SADTU and COSATU was, of course, more prominent; and it was with him that I engaged, and yes, even tussled, more frequently.
none of this 'is the cup half-full or half empty' stuff. Don wasn't stood up on ceremony.
Anybody who suggests that they could not work out what his position was could not be telling the truth. His strength was his refreshing honesty.
It was an honesty that I have had the privilege of observing - at first hand as a comrade, bound together by the same issues. But it was also a fierce honesty that I encountered indirectly, when I was with others - in particular Ministers Pandor and Fraser-Moleketi. We encountered the strength of Don's conviction when we were on opposite sides of industrial relations negotiations - he representing the educators he served so fully and we representing the employers. Then I understood that no matter how inflamed the passions, what bound us together was always much larger than what temporarily separated us. For what bound us together was a belief system which is permanent and what separated us were the issues for negotiation, which by their very nature, are temporary. I understood through Don the meaning of comradeship - he never lost respect and warmth, regardless of how tough the issues on the table. I understood through all of the tough times that Don was asking for himself no more than he was asking for his constituency.
I understood then how privileged SADTU was to have Don at the helm, in full service and sparing none of himself. The singleness of purpose and the honesty with which he carried himself is quite irreplaceable.
It is the extent of this loss that we must all pause to take account of. In so doing, we should all come to the same conclusion, namely, that we must all deepen our personal commitment to the struggle for stronger organisation and better education outcomes. So, in honour of Alfredo and Don, we are all called upon to advance the cause of education. We must ensure that our schools function everywhere - that educators are in class, motivated and teaching; that learners are in class, supported and learning and that our schools are well managed and well governed.
As we do this, we must start from the premise that this is not an idle promise to a fallen comrade, or some undefined wish for betterment. We must do this because we all share a debt to a life of unflinching service which was as focused as it has been unselfish.
May their dear souls rest in peace.
<fn>GOV-ZA.2008020601En.2012-02-10.en.txt</fn>
The third quarter year to date provincial budget statement of receipts and payments, published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 30 January 2008, covers spending for the first nine months of the 2007/08 financial year, which ended 31 December 2007. It is available on the treasury website at www.treasury.gov.za.
The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury on 22 January 2008. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
The budgeted expenditure figures take account of revisions effected in the provincial adjustment budgets, which include R2.8 billion allocated to provinces (R1.6 billion to the provincial equitable share and R1.2 billion to conditional grants) through the 2007 Adjusted Estimates of National Expenditure.
The approved adjustments to provinces were gazetted on 20 December 2007 and these additional transfers were reflected in the adjusted provincial budgets in terms of Section 31(2) of the PFMA and Section 22(2) of the Division of Revenue Act, 2007.
In addition to the national adjustments, provinces increased their main budgets by R1.6 billion. The provincial adjustments consist mainly of unspent conditional grants not surrendered to the National Revenue Fund and other funds surrendered to the Provincial Revenue Funds during 2006/07.
In light of the above, in aggregate, provinces increased their main budgets (expenditure side) by R4.4 billion with the bulk of the additional funds allocated to health (R1.6 billion) and education (R1.2 billion).
In aggregate, provinces have spent 71.6 per cent or R153.9 billion of their adjusted budgets of R214.8 billion for the period ended 31 December 2007. This represents an increase in spending of 16.9 per cent or R22.2 billion higher than for the same period last year when provinces had spent R131.7 billion.
Education expenditure totalled R66.3 billion or 73.7 per cent of the R89.9 billion combined adjusted education budgets and remains the largest item on adjusted provincial budgets (41.9 per cent). The spending pattern reflects a 14.3 per cent or R8.3 billion increase over the same period last year.
Health expenditure totalled R45.3 billion or 74.4 per cent of the R60.8 billion combined adjusted health budgets and is the second largest item (after education) on adjusted provincial budgets (28.3 per cent). The spending pattern reflects a 17.0 per cent or R6.6 billion increase compared with the same period in 2006/07.
Social welfare services (social development) spending for the first nine months of the 2007/08 financial year is recorded at 72.0 per cent or R4.6 billion of the R6.4 billion adjusted social welfare services budgets.
Total personnel expenditure, in aggregate, is at 74.7 per cent or R88.7 billion of the R118.8 billion adjusted personnel budgets. These figures include the announced improvements in conditions of service (ICS) effected from 01 July 2007.
In aggregate, provinces spent 61.4 per cent or R11.7 billion of their R19.1 billion combined adjusted capital budgets. This is an improvement of 17.7 per cent over the previous financial year, exceeding the R10.0 billion spent over the same period in 2006/07 by R1.8 billion. This reflects an ongoing improvement in capital spending capacity.
Provincial education departments spent 58.9 per cent or R2.3 billion of their R3.9 billion adjusted education capital budgets, which is marginally (2.3 per cent) lower than what was spent in the same period last year.
Health provincial departments show improvement on capital spending.
60.6 per cent or R3.7 billion against their R6.0 billion adjusted health capital budgets, which is 14.4 per cent or R460.8 million more than the same period for 2006/07.
The greatest share of provincial capital is on the budgets of public works, roads and transport departments at 37.9 per cent. The sector spent 69.4 per cent or R5.0 billion against its combined adjusted capital budget of R7.3 billion. This represents a massive increase of 45.2 per cent or R1.6 billion compared to the same period last year.
Spending on conditional grants is generally lower at 60.4 per cent against the adjusted conditional grants budget (including provincial roll-overs), excluding Schedule 4 grants, for the first nine months.
Provincial own revenue collected by the end of December 2007 was 81.0 per cent or R6.6 billion of the total adjusted own revenue budget of R8.2 billion. National government has transferred R130.6 billion of the equitable share and R23.8 billion in conditional grants to provinces, during the first nine months of 2007/08.
A more detail analysis of the expenditure outcome as at 31 December 2007 is set out in Annexure A.
The budgeted figures for provinces are based on the 2007/08 provincial adjusted estimates tabled in the various provincial legislatures during November 2007.
Table 1 indicates that provinces have spent 71.6 per cent or R153.9 billion of adjusted budgeted expenditure for the first nine months into the current financial year. Spending to date is at a slightly higher level in percentage terms compared to spending against adjusted budgets over the same period in the 2006/07 financial year (70.0 per cent).
However, in nominal terms, spending is 16.9 per cent or R22.2 billion higher than for the same period last year when provinces had spent R131.7 billion. Among provinces, spending ranges from the lowest share of 68.
69.1 per cent in Gauteng, to the highest at 74.
Eastern Cape 24 544 901 3 687 003 2 376 882 30 608 786 18 084 973 2 097 301 1 652 900 21 835 174 71.
Free State 10 536 699 1 590 598 1 400 212 13 527 509 7 789 218 1 008 861 1 020 780 9 818 859 72.
Northern Cape 4 504 575 643 270 750 855 5 898 700 3 380 282 471 759 401 386 4 253 427 72.
North West 11 770 458 2 402 657 1 385 337 15 558 452 8 498 747 1 651 926 886 223 11 036 896 70.
Western Cape 16 271 594 3 585 620 1 825 223 21 682 437 11 838 341 2 385 870 1 239 583 15 463 794 71.
Total 162 619 896 33 049 987 19 145 407 214 815 290 118 805 135 23 327 723 11 749 953 153 882 811 71.
Provinces' adjusted social services budgets are at R157.2 billion, which includes spending on education, health and social development. Spending on social services is recorded at R116.2 billion or 73.9 per cent of the total adjusted provincial social services budget. Adjusted social services budgets comprise 73.2 per cent of total adjusted provincial budgets in 2007/08.
Education 89 948 768 66 331 776 73.7% 43.
Health 60 812 323 45 269 643 74.4% 29.
Social Development 6 398 113 4 607 486 72.0% 3.
Total Social Services 157 159 204 116 208 905 73.9% 75.
The original education budget, in aggregate, has been increased by R1.2 billion during the provincial adjusted estimates process. Adjusted education budgets of R89.9 billion comprise 41.9 per cent of total adjusted provincial budgets.
Table 3 indicates that education expenditure is at 73.7 per cent or R66.3 billion of the total adjusted education budget, an increase of 14.3 per cent or R8.3 billion compared to the R58.0 billion spent over the same period in 2006/07.
Spending by provinces on education ranges from 70.
71.0 per cent in Mpumalanga to 78.3 per cent in North West and 75.7 per cent in Northern Cape.
Total 89 948 768 66 331 776 73.7% 43.
Spending on goods and services (mostly learner support material) in education is recorded at 60.8 per cent or R6.0 billion of its R9.8 billion adjusted budget. It comprises approximately 11 per cent of total adjusted provincial education budgets.
The bulk of education expenditure is on personnel (79.1 per cent). Current spending on education personnel amounts to 74.9 per cent or R52.5 billion of the adjusted education personnel budgets of R70.1 billion.
Eastern Cape 11 884 432 8 856 535 74.5% 64.
Free State 4 436 517 3 361 840 75.8% 56.
Northern Cape 1 705 503 1 342 250 78.7% 56.
North West 4 758 723 3 721 093 78.2% 59.
Western Cape 5 919 781 4 354 695 73.6% 52.
Total 70 103 986 52 479 085 74.9% 59.
Personnel spending by provinces ranges from the lowest in Gauteng at 72.9 per cent and Western Cape at 73.6 per cent, to the highest in Northern Cape at 78.7 per cent and North West at 78.2 per cent.
Education capital expenditure is at 58.9 per cent or R2.3 billion of the R3.9 billion adjusted capital budget. This is R55.0 million less than the R2.4 billion spent on capital over the same period last year.
38.9 per cent and Gauteng at 52.0 per cent to the highest in Limpopo at 82.5 per cent and Northern Cape at 72.6 per cent.
Eastern Cape 590 423 334 045 56.6% 20.
Free State 252 609 167 803 66.4% 16.
Northern Cape 44 638 32 388 72.6% 8.
North West 199 333 129 876 65.2% 14.
Western Cape 194 372 124 490 64.0% 10.
Total 3 906 435 2 300 548 58.9% 19.
The original health budget, in aggregate, has been increased by R1.6 billion during the provincial adjusted estimates process.
Adjusted health budgets totalling R60.8 billion, comprise 28.3 per cent of total adjusted provincial budgets. Table 6 indicates that health expenditure is at 74.4 per cent or R45.
17.0 per cent or R6.6 billion compared to spending over the same period in 2006/07.
Eastern Cape 8 068 697 5 914 378 73.3% 27.
Free State 3 744 400 2 818 720 75.3% 28.
Northern Cape 1 579 993 1 184 353 75.0% 27.
North West 3 916 628 2 616 450 66.8% 23.
Western Cape 7 427 305 5 433 293 73.2% 35.
Total 60 812 323 45 269 643 74.4% 29.
North West and Mpumalanga health have spent the lowest share of their adjusted budgets at 66.8 per cent and 68.0 per cent respectively. The highest shares are recorded in KwaZulu-Natal at 79.7 per cent and Limpopo at 78.2 per cent.
Table 7 indicates that health personnel expenditure is R25.2 billion or 76.1 per cent of the adjusted health personnel budget, an increase of R4.0 billion or 18.9 per cent compared to the R21.2 billion spent over the same period in 2006/07.
Eastern Cape R thousand 4 171 711 3 300 143 Adjusted budget payments as at 31 December 2007 79.1% payments as % of adjusted budget 23.
Free State 2 251 816 1 706 420 75.8% 28.
Northern Cape 794 513 583 211 73.4% 24.
North West 1 996 435 1 421 293 71.2% 22.
Western Cape 4 055 297 2 986 797 73.7% 36.
Total 33 137 313 25 219 438 76.1% 28.
Spending on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure, is recorded at 75.8 per cent or R16.4 billion of the R21.6 billion adjusted budget. This is an increase of 14.9 per cent or R2.1 billion compared to the R14.3 billion spent over the same period in 2006/07.
Capital expenditure in the health sector is at 60.6 per cent or R3.7 billion. This represents an increase of 14.4 per cent or R460.8 million more than the R3.2 billion spent over the same period last year.
Eastern Cape 838 528 629 049 75.0% 38.
Free State 292 470 203 700 69.6% 20.
Northern Cape 310 428 139 722 45.0% 34.
North West 511 953 271 045 52.9% 30.
Western Cape 512 843 317 240 61.9% 25.
Total 6 046 441 3 666 115 60.6% 31.
The lowest rate of health capital spending is in Mpumalanga at 37.1 per cent and Northern Cape at 45.0 per cent with Eastern Cape and Free State recording the highest rate of spending at 75.0 per cent and 69.6 per cent respectively.
Adjusted social welfare services budgets, at R6.4 billion, comprise 3.0 per cent of total adjusted provincial budgets.
Eastern Cape 882 794 645 425 73.1% 3.
Free State 453 092 303 372 67.0% 3.
Northern Cape 310 214 216 816 69.9% 5.
North West 490 675 274 676 56.0% 2.
Western Cape 901 564 657 912 73.0% 4.
Total 6 398 113 4 607 486 72.0% 3.
Provinces registered spending of 72.0 per cent or R4.6 billion of their R6.4 billion adjusted budget (table 9). This represents an increase of 30.1 per cent or R1.1 billion above the R3.5 billion spent over the same period last year.
Between provinces, there are varying degrees of spending with the lowest being in North West at only 56.0 per cent and Mpumalanga at 63.1 per cent while the highest are Gauteng and Eastern Cape at 83.4 per cent and 73.1 per cent respectively.
Adjusted housing and local government budgets at R12.3 billion comprise 5.7 per cent of total adjusted provincial budgets.
61.8 per cent or R7.6 billion of the R12.3 billion adjusted budget (table 10). This represents an increase of 22.2 per cent or R1.4 billion more than the R6.2 billion spent over the same period last year.
Eastern Cape R thousand 1 234 055 572 130 Adjusted budget payments as at 31 December 2007 46.4% payments as % of adjusted budget 2.
Free State 906 074 458 604 50.6% 4.
Northern Cape 297 500 241 756 81.3% 5.
North West 1 113 079 713 600 64.1% 6.
Western Cape 1 431 861 771 694 53.9% 5.
Total 12 256 183 7 579 077 61.8% 4.
46.4 per cent and Free State at 50.
81.3 per cent and Gauteng at 74.4 per cent.
Most of the housing and local government expenditure is on the Integrated Housing and Human Settlement Development conditional grant. Table 11 indicates that provinces spent 58.8 per cent or R5.1 billion of their R8.7 billion adjusted housing conditional grant budget. These spending figures are higher by 23.0 per cent or R961.1 million over the same period last year.
Eastern Cape 1 052 554 155 119 14.7% 0.
Free State 653 508 325 522 49.8% 3.
Northern Cape 131 036 125 454 95.7% 2.
North West 875 178 547 958 62.6% 5.
Western Cape 1 177 770 618 196 52.5% 4.
Total 8 725 815 5 133 228 58.8% 3.
Personnel expenditure ("compensation of employees") is at 74.7 per cent or R88.7 billion of the R118.8 billion adjusted personnel budget. Spending to date is 14.7 per cent or R11.3 billion higher than the R77.4 billion spent over the same period last year.
73.1 per cent and 73.2 per cent respectively while KwaZulu-Natal and Northern Cape recorded the highest rates at 76.1 per cent and 75.5 per cent respectively.
Eastern Cape 18 429 518 13 849 024 75.1% 63.
Free State 7 988 932 5 957 173 74.6% 60.
Northern Cape 3 148 861 2 377 462 75.5% 55.
North West 8 286 984 6 250 561 75.4% 56.
Western Cape 11 275 919 8 249 529 73.2% 53.
Total 118 781 409 88 733 350 74.7% 57.
By the end of the third quarter (year to date), provinces had spent 61.4 per cent or R11.8 billion of their R19.1 billion adjusted capital budgets ("payments for capital assets"). This represents an increase of 17.7 per cent or R1.8 billion than the R10.0 billion spent over the same period last year.
Table 13 provides capital spending information by province, which indicates low rates of spending in Mpumalanga at 48.1 per cent and Gauteng at 52.1 per cent and high rates in Free State at 72.9 per cent and Eastern Cape at 69.5 per cent. However, in absolute terms, KwaZulu-Natal has spent the most at R3.1 billion followed by Eastern Cape at R1.7 billion and Gauteng at R1.6 billion.
The biggest adjusted capital budgets in provinces are in public works, roads and transport departments at 37.9 per cent or R7.3 billion of the total adjusted provincial capital budget of R19.1 billion. Spending for these departments is at 69.4 per cent or R5.0 billion which is 45.2 per cent or R1.6 billion more than the R3.5 billion spent last year over the same period.
Eastern Cape 2 376 882 1 652 900 69.5% 7.
Free State 1 400 212 1 020 780 72.9% 10.
Northern Cape 750 855 401 386 53.5% 9.
North West 1 385 337 886 223 64.0% 8.
Western Cape 1 825 223 1 239 583 67.9% 8.
Total 19 145 407 11 749 953 61.4% 7.
Eastern Cape 824 376 629 395 76.3% 38.
Free State 735 658 564 257 76.7% 55.
Northern Cape 301 480 170 079 56.4% 42.
North West 533 351 426 582 80.0% 48.
Western Cape 1 072 302 780 886 72.8% 63.
Total 7 262 469 5 040 500 69.4% 42.
56.4 per cent and Gauteng at 58.0 per cent, while North West and Free State recorded the highest rates of spending at 80.0 per cent and 76.7 per cent respectively.
The total adjusted conditional grant allocation for all grants is R33.5 billion (including Schedule 4 grants and provincial roll-overs) with health making up the bulk at R11.9 billion.
Gautrain rapid rail link grant - 300 000 16 034 316 034 - 15 684 5.
Division of Revenue Act, 2007 (Act No.
Total excluding Schedule 4 grants expenditure 31 493 722 1 181 836 800 473 33 476 031 23 831 730 11 839 388 60.
Table 15 reflects spending on conditional grant allocations as at 31 December 2007 for all provinces. It excludes spending on general purpose conditional grants (Schedule 4 grants) like National Tertiary Services, Health Professions Training and Development and the Infrastructure grant to provinces, as reporting against these grants cannot be separated from the provinces' health and capital budgets.
Further Education and Training Colleges Division of Revenue Act, No.
Against the total adjusted allocation of R19.
60.4 per cent or R11.8 billion.
Specific grants that show low rates of spending include Agricultural Disaster Management (5.0 per cent), Community Library Services (38.3 per cent), Forensic Pathology Services (45.9 per cent) and Land Care Programme (46.3 per cent).
The government contribution for Gautrain totals R4.5 billion for the 2007/08 financial year. Of the R4.5 billion, R1.5 billion is funded through the provincial equitable share (Gauteng Provincial Government) and R3.0 billion in the form of a conditional grant (funded by National Government). Expenditure incurred against the conditional grant portion is recorded at R1.6 billion against the Gautrain Rapid Rail Link conditional grant allocation of R3.0 billion.
Spending on the Further Education and Training College Sector Recapitalisation grant is at 91.9 per cent or R587.5 million and reflects actual transfers from the provincial education departments to the FET colleges.
Table 16 (page 9) indicates the actual amounts transferred by provincial education departments to colleges and amounts spent by colleges, as provided by the national Department of Education. FET colleges' expenditure is at 61.7 per cent or R389.1 million of the R631.1 million transferred from the provincial education departments.
Table 17 (page 10) indicates selected conditional grant spending rates as at 31 December 2007. It further indicates that five or more provinces have spent less than 60 per cent of their adjusted grant budget after the first nine months for the following grants: Land Care Programme, Community Library Services, HIV and Aids (Life Skills Education), Forensic Pathology Services and Integrated Housing and Human Settlement Development.
The table also indicates the number of provinces spending at slightly higher levels between 60 and 70 per cent and greater than 70 per cent of their adjusted conditional grant budgets.
Although the conditional grant rate of spending is encouraging and reflects an improvement over previous financial years, overall conditional grants spending still lies below the total provincial spending average of 71.6 per cent.
Percentages represent actual expenditure of adjusted budget as published in the Division or Revenue Act, 2007 (Act No.1 of 2007) and subsequent gazettes.
Provincial revenue includes adjusted budgeted equitable share allocations of R172.9 billion, adjusted conditional grants of R32.7 billion and adjusted own revenue of R8.2 billion.
75.3 per cent or R161.0 billion of total adjusted budgeted total revenue of R213.7 billion.
National government transferred 75.5 per cent or R130.6 billion of the equitable share and 72.9 per cent or R23.8 billion in conditional grants, to provinces after the first nine months of the current financial year.
After the third quarter (year to date), provinces had collected 81.0 per cent or R6.6 billion of the adjusted budgeted own revenue of R8.2 billion which is 18.0 per cent or R1.0 billion more than what was collected by the end of December for the previous financial year.
Eastern Cape 829 825 696 084 83.9% 2.
Free State 503 555 391 543 77.8% 3.
Northern Cape 138 684 96 821 69.8% 2.
North West 438 869 470 141 107.1% 4.
Western Cape 1 707 335 1 399 865 82.0% 8.
Total 8 151 180 6 599 585 81.0% 4.
The collection rate varies from 67.3 per cent in Limpopo and 69.8 per cent in Northern Cape, to a high of 107.1 per cent in North West and 98.7 per cent in Mpumalanga. It appears at this stage that most provinces will exceed their collection of budgeted own revenue.
<fn>GOV-ZA.2008020En.2012-02-10.en.txt</fn>
To amend the Judicial Service Commission Act, 1994, so as to establish the Judicial Conduct Committee to receive and deal with complaints about judges; to provide for a Code of Judicial Conduct which serves as the prevailing standard of judicial conduct which judges must adhere to; to provide for the establishment and maintenance of a register of judges' registrable interests; to provide for procedures for dealing with complaints about judges; to provide for the establishment of Judicial Conduct Tribunals to inquire into and report on allegations of incapacity, gross incompetence or gross misconduct against judges; and to provide for matters connected therewith.
1 Inserts the Preamble in the Judicial Service Commission Act 9 of 1994.
2 Inserts the heading to Chapter 1 in the Judicial Service Commission Act 9 of 1994.
4 Substitutes section 2 of the Judicial Service Commission Act 9 of 1994.
5 Substitutes section 3 of the Judicial Service Commission Act 9 of 1994.
6 Repeals section 4 of the Judicial Service Commission Act 9 of 1994.
7 Substitutes section 5 of the Judicial Service Commission Act 9 of 1994.
9 Inserts Chapters 2, 3 and 4 (sections 7 to 38 inclusive), the existing section 7 becoming section 39, in the Judicial Service Commission Act 9 of 1994.
10 Substitutes the long title of the Judicial Service Commission Act 9 of 1994.
This Act is called the Judicial Service Commission Amendment Act, 2008, and comes into operation on a date fixed by the President by Proclamation in the Gazette.
<fn>GOV-ZA.2008021901En.2012-02-10.en.txt</fn>
Please be advised that the 2008 Budget Speech by the Minister of Finance, Mr. Trevor A. Manuel, MP, to a joint sitting of Parliament will be broadcast live via a webcast which will be available on the websites of the National Treasury and the South African Revenue Service (SARS).
The Minister is due to deliver the Budget Speech in the National Assembly chamber by about 2pm on Wednesday, 20 February 2008.
<fn>GOV-ZA.2008022001En.2012-02-10.en.txt</fn>
20 February 2008 1.
In South Africa, the taxation of distributed profits is achieved through the Secondary Tax on Companies ("STC"). The STC liability falls on the company distributing the profits. In most tax systems, tax is imposed on the shareholders receiving a dividend. Unfamiliarity with the STC's different mechanics seems to be a hurdle for foreign investors according to many commentators. At a more substantive level, the STC liability adversely impacts a South African company's accounting income statement because the company distributing the dividend must subtract this tax charge from its profits. Arguments have also been raised by the private sector that the STC raises the cost of equity financing.
In the 2007 Budget Review, Government proposed to phase-out the STC in favour of a final withholding tax falling on shareholders receiving dividends. This shift will occur in two phases.
In the first phase of reform, the rate of STC was reduced from 12.5 per cent to 10 per cent with effect from 1 October 2007. This reduction was coupled with a broadening of the tax base through the closing of commonly exploited loopholes. A further broadening of the base is planned for 2008 (see the discussion document on "the Secondary Tax on Companies: Revising the Base").
The second phase of reform entails the actual conversion of the STC into a dividend tax on shareholders. As stated in the 2007 Budget Review, the implementation of this second phase is contingent on the revision of international tax treaties that limit withholding tax on dividends to zero per cent.
The tax treaties at issue are Australia, Cyprus, Ireland, Kuwait, The Netherlands, Oman, Seychelles, Sweden and The United Kingdom. Most of these treaties have been renegotiated and are awaiting executive signatures and parliamentary ratification. It is anticipated that this phase will be completed by 2009.
The new regime will follow the classical system of taxing distributed profits. As a general matter, shareholders will be subject to the new tax. The rate of the new tax will be 10 per cent as is currently the case for STC. This dividend tax will be a separate final withholding tax and dividends will not form part of shareholder income (the latter of which is taxable at marginal rates). As with the STC, the new tax will apply to distributions during the life of the company as well as in liquidation.
Non-corporate and non-resident shareholders will generally be subject to tax at a 10 per cent rate on the full amount of dividends received. However, limited exemptions and deferrals from this withholding tax will be applied as described below. The net effect of these exemptions and deferrals will amount to an estimated loss to the fiscus of R6 billion in the first year.
Distributions to exempt entities - Company distributions to entities that are fully exempt from income tax will similarly be exempt from the new dividend tax. These entities notably include pension funds and Government. Entities that are partially subject to income tax will benefit from an exemption on dividends only if these entities are fully exempt in respect of investment (i.e. non-trading) income. Therefore, public benefit organisations will be exempt from dividend tax, but recreational clubs will be taxed on their dividends because clubs are only exempt from tax on investment income up to a monetary limit.
Treaty relief - The dividend tax rate for non-resident shareholders may be limited if a tax treaty exists between South Africa and the shareholder's country of residence. Depending on the proposed renegotiation of treaty rates, a 5 per cent limit may apply.
Intra-company dividends - As a general rule, underlying company profits should only be subject to one level of tax on distribution. This principle is critical when profits pass through two or more company levels. The STC system achieves this result in two ways. The first is by taxing the first company that declares the underlying profits as dividends while exempting subsequent dividends associated with these profits via the STC credit system. The second is by permitting an election that STC will not apply in the case of certain intra-group distributions. In a classical system, tax applies only on the last company level. The classical system achieves this result by exempting all inter-company dividends between resident companies (regardless of percentage shareholding) with the tax applying only at the level where dividends are declared to persons other than companies or to non-residents.
Facts. Company A distributes R100 of profits to Company B. Company B distributes those profits to Company C. Company C in turn distributes those profits to Individual.
STC result. Under the current paradigm, Company A is subject to the STC when distributing profits to Company B (assuming group relief does not apply). Subsequent distributions from Company B to Company C and from Company C to Individual are exempt via the STC credit system.
New dividend tax result. Under the proposed paradigm, no dividend tax applies when Company A declares dividends to Company B nor when Company B declares dividends to Company C (regardless of whether these companies form a group of companies). The dividend tax applies only when Company C declares a dividend to Individual (or to a nonresident).
As shown above, both sets of rules provide cascading relief but in a slightly different way. The new system has an administrative advantage in that it eliminates the tracking required for STC credits. Taxpayers benefit under the new system because the new system allows for substantial deferral. To ensure that this deferral is not excessive, an anti-avoidance measure will be applied for closely-held passive holding companies used to accumulate passive dividend income (e.g. as a means for delaying the receipt of dividends by individuals for long periods of time).
To the extent the new dividend tax applies, the company declaring the dividend will be required to withhold the tax upon declaration. This tax will be payable by the company to the South African Revenue Service ("SARS") on or before the end of the month following the month in which the dividend was declared. For example, if a company declares the dividend at any time during the month of February, the tax withheld will be payable to SARS on or before 31 March.
As discussed above, the STC system allowed for an accumulation of tax credits to avoid cascading. Under the new system, there is no need for credits as the new tax will apply only at the top company level. At issue is the continuing existence of STC credits.
While the new dividend tax system replaces the STC system, the systems are fundamentally different. In terms of the STC, the tax liability falls on the company; whereas the tax liability for the new dividend tax falls on the shareholder (even though the company retains a withholding responsibility). In terms of the base, the STC is calculated with reference to the amount of dividends declared while the new dividend tax will be calculated with reference to the amount of dividends receivable.
Retention of transitional STC credits will give rise to multiple administrative complications. One key advantage of the proposed classical system (and its attendant deferral) is to eliminate STC credit tracing. Taxpayers cannot expect to receive the best of both worlds - a classical system going forward in addition to STC type credit relief. The proposed regime should, therefore, either be a classical model going forward or a credit model should be retained (with the new tax being imposed in all cases when a dividend is first declared).
After careful consideration it has been decided that STC credits accumulated prior to the implementation of the new system will be forfeited. However, given the delayed timing of the change, taxpayers can still utilise STC credits in the interim.
The taxation of gold mining companies is based on two regimes. Under the basic regime, gold mining companies are subject to an income tax rate of up to 34 per cent on gold mining profits with the STC applying when dividends are declared. However, companies may elect to be exempted from STC but at the cost of a higher income tax rate on gold profits of up to 43 per cent.
The 43 per cent option for the mining companies will be discontinued with the enactment of the new system. This election was possible under the STC because the incidence of both the income tax and the STC was on the gold mining company. Under the new system, the tax switches to a shareholder level. Again, the question arises as to what happens to companies that were previously subject to the higher 43 per cent gold formula.
For reasons discussed above, it has been decided that STC credits will have no place going forward, even in the case of mining. It is noted that much of the perceived unfairness may be more theoretical than real. While many gold mining companies chose the 43 per cent formula, the formula had no practical impact for companies with taxable losses.
While the proposed withholding tax will generally be fairly simple for companies to administer (with the 10 per cent charge being based on the nature of the payee), tracing issues will arise if dividend payments are made to nominees and other parties acting on behalf of other investors. If a payment is made in this fashion, the question arises as to the status of the true economic owner. The distributing company will probably not know the identity nor the tax status of this party. This issue not only arises in the case of agents, brokers and trading intermediaries but also when payments are made to entities, such as collective investment schemes.
Option 1: All dividend payments that are made to persons who are not beneficial owners (e.g. to nominees) will be subject to 10 per cent withholding with an "escape hatch". Under the escape hatch, the company declaring the dividend to the nominee could reduce or eliminate the withholding if provided with sufficient proof that the economic owner has preferred status. However, any error would mean that liability rests with both the company and the beneficial owner.
Option 2: Under this option, the nominee could be granted the authority to withhold the tax because the nominee should know the identity of the economic owner. If empowered, the withholding liability would shift from the company payor to the nominee. The nominee would have to meet certain criteria in order for SARS to be satisfied that the nominee has sufficient substance to stand in for the company.
National Treasury and SARS invite public comment on the contents of this media release, particularly the preferred option for withholding tax where payment is made to a nominee. Comments in this regard should be sent to Thabo Legwaila by email at thabo.legwaila@treasury.co.za or by fax to 012 315 5516. Please ensure that the comments reach us by 31 March 2008.
<fn>GOV-ZA.2008022101En.2012-02-10.en.txt</fn>
The Minister of Finance is releasing the draft Taxation Laws Amendment Bills, 2008, today for public comment. The draft Bills may be obtained from the National Treasury (www.treasury.gov.za) or SARS (www.sars.gov.za) web sites. This legislation, together with the Revenue Laws Amendment Bills (due later in 2008), will give effect to the tax proposals presented by the Minister of Finance in the 2008 National Budget as tabled in Parliament on 20 February 2008. This set of Bills deals with the rates, thresholds, urgent policy and administrative matters as well as technical corrections. The more complex policy proposals announced will be addressed in the Revenue Laws Amendment Bills after further consultation.
Rates and thresholds: The main purpose of the Bills is to give effect to the rates and thresholds so these items can formally go into effect as soon as possible in accordance with the mandate provided in the 2008 Budget Review. The full list of rates and threshold changes involving the Income Tax and Value-Added Tax Acts are attached as an Annexure for easy reference.
Pensions: The proposed legislation clarifies pension tax administration by codifying and clarifying key pension practices and interpretations within the Income Tax Act. The legislation also paves the way for much of the regime to be shifted to the Pensions Act so that regulation is mainly handled by the Financial Services Board (rather than dual oversight by the Financial Services Board and the South African Revenue Service).
Skilled expatriates: Relief is granted to skilled expatriates working temporarily in South Africa. These expatriates can now receive employer-provided accommodation for a period of two years without being subject to fringe benefits tax. This exemption is subject to a ceiling equal to the lesser of 25 per cent of salary or R25 000 per month.
Anti-avoidance: The proposed legislation closes certain pressing domestic and cross-border restructuring schemes. This aspect of the legislation is addressed in another simultaneous media release called "Taxation Laws Amendment Bills, 2008: Company Restructuring Measures."
The current penalty system does not appropriately cater for less serious procedural and administrative non-compliance. The legislation will provide an enabling framework for a more objective penalty system to be introduced with certain criteria to be determined by regulation.
In line with international practice several amendments are proposed to underpin the simplification of individual income tax returns. These include the removal of legislative requirements for the attachment of supporting documentation to returns, greater flexibility with respect to employee tax returns and the introduction of a penalty for the failure to submit annual reconciliations of employees' tax.
Note: An Explanatory Memorandum is also published to assist in interpreting and understanding the above bills at a more detailed level.
The National Treasury is scheduled to brief the Parliament's Portfolio Committee on Finance on the draft legislation on 4 March 2008. Parliament will through its processes request public comments on the draft Bill, and thereafter hold public hearings on 5 March 2008. Whilst all comments should be submitted to the Parliamentary Portfolio Committee of Finance, members of the public are also invited to send the same comments to the National Treasury directly, before 5 March 2008 (and hence before the public hearings). Comments in this regard should be sent by email to jeanne.viljoen@treasury.gov.za or by fax to 012 315 5516. Please ensure that the comments reach us by 5 March 2008.
Secondary rebate Section 6(2)(b) R 4 680 R 5 040 2.
Car allowance: Individuals receive an annual vehicle allowance to defray business travel expenses.
Exempt scholarships and bursaries: Employers can provide exempt scholarships and bursaries to relatives of low-income employees, subject to annual monetary ceilings.
Medical scheme contributions: Medical scheme contributions are tax deductible if the individual pays (and tax-free if the employer pays) subject to monthly ceilings.
Public benefit organisations: PBOs providing housing are exempt if beneficiaries are part of households with a monthly income of the stated amount or less.
<fn>GOV-ZA.2008022102En.2012-02-10.en.txt</fn>
This media statement is being released along with the general media release that provides a brief overview of the Taxation Laws Amendment Bills, 2008. The purpose of this release is to highlight certain matters relating to company restructurings that require attention. The first portion of this media release describes the legislative remedy for certain uncertainties in respect of intra-group rollover relief arising from the Revenue Laws Amendment Act, 2007. These changes further close loopholes in respect of this relief. The second portion of this media release describes the closure of loopholes relating to cross-border exemptions.
In 2007, the section 41 definition of a group of companies qualifying for rollover relief (and group debt cancellation relief) was narrowed. All companies within a group not only had to be a single economic entity (akin to divisions of a single company), but these companies further had to operate under the same tax playing-field from both a policy and administrative tax perspective. As a consequence, only companies subject to comprehensive tax on worldwide income would remain within the group definition. The net effect of these changes, amongst others, was to remove all foreign incorporated companies from the section 41 group definition. This change was set to become effective as of 1 January 2009.
Foreign companies a.
Some commentators contended that no rationale existed for the exclusion of foreign incorporated companies as long as intra-group relief was limited to transfers between fully taxable companies. The exclusion was also said to improperly limit foreign investment to a single entry point. It was argued that South African brother-sister companies should remain part of the same group even though these companies were linked solely through a common foreign parent company.
Both underlying company assets and shareholdings must be completely within the South African tax net in order to protect the tax base. Evidence already exists that the previous failure to have group shareholdings fully within the tax net created tax avoidance opportunities. In one set of schemes, taxpayers used these foreign controlled brother-sister groups to convert fully taxable profits under the Secondary Tax on Companies into capital gains free from tax by virtue of the foreign shareholding. These dangers can best be illustrated through the following example. [In addition, underlying capital gains could also be wrongfully compromised.
Foreign Parent owns all the shares of Operating Subsidiary (a South African company) with a R800 000 base cost. Operating Subsidiary owns business assets with a value of R1 million and a base cost of R200 000, and Operating Subsidiary has R200 000 of share capital and R800 000 of profits. The group enters into the following transaction to shift all Operating Subsidiary assets under direct Foreign Parent control.
Step 1: Foreign Parent forms Newco Subsidiary (another South African company) with nominal consideration. Step 2: Operating Subsidiary transfers all of its assets to Newco Subsidiary in exchange for a Newco Subsidiary note of R1 million (guaranteed by Foreign Parent). Step 3: Newco Sub distributes all the recently received business assets to Foreign Parent.
Prior to the Revenue Laws Amendment Act, 2007, Foreign Parent, Operating Subsidiary and Newco Subsidiary were all part of the same group.
In Step 2: If an election was made, the transfer from Operating Subsidiary to Newco Subsidiary was a tax-free section 45 rollover with the R200 000 base cost of the business assets rolling over to Newco Subsidiary.
In Step 3: Because Newco Subsidiary has no profits, the subsequent distribution is viewed as a capital distribution (which is free from the Secondary tax on Companies). Moreover, because Foreign Parent is a non-resident, any capital gains resulting from the capital distribution in respect of the Newco Subsidiary shares similarly went untaxed. The only tax remaining was the underlying gain on the business assets.
The net effect, barring the application of the general anti-avoidance rule, is to eliminate one level of tax. With a little more planning, it may even be possible to transfer the Operating Subsidiary shares to Newco Subsidiary (i.e. assets with a high base cost and low market value) to trigger an artificial loss for Newco Subsidiary as a means to offset the gain on the business assets transferred. However, upon implementation of the change to the group definition, the benefits of this scheme are effectively terminated. Operating Subsidiary and Newco Subsidiary will no longer be part of the same group, thereby eliminating the tax-free rollovers used to initiate this transaction.
One related issue is the exclusion, from a group of companies, of foreign incorporated companies that are effectively managed within South Africa. While these companies were fully subject to the South African tax, concerns existed about administrative enforcement (and the ease with which these companies could re-shift their tax residence abroad).
After further consideration, this exclusion will be removed. These entities do not give rise to the tax avoidance difficulties as outlined above because they are fully within the tax net. Moreover, failure to include these entities may be problematic in terms of tax treaty anti-discrimination provisions, and these entities may even offer non-tax practical advantages when foreign investors seek to invest in South Africa. Foreign companies with South African tax residence are fully within enforcement reach as long as these companies have registered as external companies under the Companies Act (1973). Re-inclusion of these foreign companies will be effective when the new section 41 group definition goes into effect.
The main problem with the section 45 rollover regime is the asymmetry this section causes between the assets transferred and the consideration received in exchange. Group assets transferred retain a rollover tax cost, but consideration received in exchange obtains a market value tax cost. This asymmetry has been used by certain taxpayers to artificially cash-out subsidiary operations wholly free from tax. Section 45 rollover relief was never intended to apply in respect of this cashing-out; it was merely intended to allow for the deferral of gain/loss when assets are moved within a single group. This cashing-out can best be illustrated through the following example.
Parent owns all of Operating Sub. Operating Sub has assets with a value of R1 million and a base cost of R200 000. Parent plans to sell Operating Sub to Independent Purchaser.
Step 1: Parent forms Newco Sub for nominal consideration. Step 2: Operating Sub transfers all of its assets to Newco Sub in exchange for a R1 million note issued by Newco Sub (and guaranteed by Parent). Step 3: Operating Sub distributes the R1 million note to Parent as a dividend, leaving Operating Sub as an empty shell. Step 4: Parent transfers all the shares of Operating Sub to Newco Sub in exchange for the issue of additional Newco Sub shares. Step 5: Independent Purchaser pays R1 million for the note and nominal consideration for all the shares of Newco Sub (which in turn owns all of Operating Sub).
Parent, Operating Subsidiary and Newco Subsidiary are all part of the same group.
In Step 2: The transfer from Operating Subsidiary to Newco Subsidiary is currently a tax-free section 45 rollover with the R200 000 base cost of the business assets rolling over to Newco Subsidiary.
In Step 3: The dividend distribution by Operating Sub of the Note to Parent is free from the Secondary Tax on Companies under section 64B(5)(f) by virtue of the group relief election (no capital gains tax arises because the note has a base cost equal to its R1 million market value).
In Step 4: The transfer of the Operating Sub shares by Parent to Newco Sub will not generate any gain (and may even trigger a clogged loss) because Operating Sub is now an empty shell.
In Step 5: The sale of the R1 million note and the Newco Sub shares generates little or no tax. The R1 million note has a R1 million base cost, which is equal to the note's market value. Due to its indebtedness by virtue of the note, the Operating Sub shares have little or no net value that can be taxed.
Although the above transaction is susceptible to the general anti-avoidance rule, this transaction illustrates the unintended impact of the asymmetry. The market value tax cost of the intra-group note issued allows for an untaxed sale of a subsidiary to outside group members. In other transactions, the parent company borrows cash proceeds from the purchaser (or from an independent bank backed by an anticipated purchase), and this cash is run through the group tax-free via the intra-group relief provisions. The net effect is to bump-up the base cost of the operating subsidiary, thereby removing the gain from tax upon sale.
In order to eliminate this asymmetry, intra-group relief under section 45 will be modified. The tax cost of intra-group notes issued in a section 45 transaction will now be limited to the lesser of the tax cost of assets transferred or the market value of the note issued. This change will mean that the R1 million note issued in the example will be limited to R200 000 so the sale of the note will trigger an R800 000 gain. In order to eliminate similar forms of avoidance (i.e. the use of cashloan proceeds), intra-group relief will be limited to two forms of transfer - the transfer of intragroup assets in exchange for a note issued by the transferee (as discussed in the first example) or for no consideration, such as an intra-group distribution of assets from one group company to another.
These changes should eliminate the avoidance of concern without undermining the effectiveness of the relief for intra-group transactions. Most commercial intra-group transactions involve either the transfer of intra-group notes at cost or a straight distribution of assets from one company to another. In addition, taxpayers can continue to transfer assets in exchange for shares as an indirect method of intra-group transfer (via the "asset-for-share" rollover provisions). Due to changes made in 2007, this form of indirect intra-group transfer effectively means that the shares issued will have a tax cost limited to the lesser of the tax cost of the assets transferred in the case of transferred built-in gain assets or market value in the case of built-in loss assets (loosely resembling the proposal for intra-group notes).
One of the most discussed aspects relating to the 2007 intra-group legislative changes was the impact of changing the group definition in respect of current groups. As discussed at the beginning of this media statement, the company group definition fully excludes entities partially or fully outside the tax net. For instance, two South African companies owned by a single foreign parent company will no longer qualify as part of the same group due to the legislative change.
The practical impact of this change is to trigger a de-grouping charge for companies previously engaged in an intra-group transfer. The 2007 legislative change sought to mitigate the degrouping charge caused by this legislation by delaying the effective date of the change until 2009. This delay was enacted to provide taxpayers with an opportunity to re-group by restructuring their affairs. Commentators contended that this aspect of the proposal was unfair. First, taxpayers arguably should not be subject to the de-grouping charge merely because of a legislative change (as opposed to future taxpayer action). Second the proposed delay for restructuring is impractical because many legitimate transactions are subject to long-term contracts that prevent this form of restructuring.
In view of the above concerns, it is proposed that complete relief be given to all groups separated by the legislatively revised group definition. In other words, any tax caused by this form of degrouping will be disregarded. Relief is granted in these circumstances because the transactions outlined above illustrate how taxpayers have managed to cash-out without separating the buying and selling companies. Hence, a legislatively imposed de-grouping charge won't trigger a degrouping charge for the avoidance transactions of concern while impacting legitimate transactions trapped in restrictive contracts that prevent restructuring. Given this complete relief, it is proposed that the narrowed group definition become effective with effect from the date of this media release (as opposed to the delayed 1 January 2009 effective date).
In accordance with widespread international practice, foreign taxpayers are not subject to any capital gain charges when selling domestic shares. This practice is often enshrined by tax treaty. Of concern is the fact that foreign shareholders may use this exemption to bump-up the base cost of all shares at every level of a controlled group. This transaction can best be illustrated as outlined below.
Foreign Parent owns all the shares of a South African group of companies headed by Oldco Holding Company. Oldco Holding Company owns all the shares of five Operating Subsidiaries. The Holding Company has a market value of R10 million and a base cost of R1 million. In order to bump-up the base cost of all the subsidiaries to market value without tax, the overall structure is reorganised as described.
Step 1: Foreign Parent forms a Newco Holding by paying R10 million to Newco Holding in exchange for the newly created Newco Holding shares. Step 2: Newco Holding uses the R10 million to acquire Oldco Holding Company from Foreign Parent. Step 3: Oldco Holding Company unbundles all of the Operating Subsidiaries to Newco Holding.
The overall transaction allows for the base of all the Operating Subsidiaries to be bumped-up to market value without tax (thereby being capable of sale to outsiders without any remaining taxable gain).
In Step 1: The base cost of Newco Holding is irrelevant because Foreign Parent can sell these shares tax-free regardless of the gain involved due to the foreign ownership.
In Step 3: The new R10 million base cost is spread among the Operating Subsidiaries according to their market value by virtue of the tax-free unbundling provisions of section 46.
The problem illustrates how a single exemption available to a foreign parent company can be artificially shifted to all lower-tier domestic-level shareholdings. In order to remedy this unintended advantage over domestic groups, proposed legislation will be enacted to prevent this practice. Under this legislation, Newco Holding will have its base cost limited to the base cost previously held by Foreign Parent before the intervening sale. It is proposed that this amendment become effective with effect from the date of this media release.
The Income Tax Act contains special rules designed to facilitate the repatriation of foreign-derived proceeds back to South Africa. Section 10(1)(k)(ii)(dd) allows for the tax-free repatriation of dividends from foreign shares of at least 20-per cent owned foreign companies. Paragraph 64B of the Eighth Schedule contains a related exemption for the disposal of similarly owned foreign shares. Paragraph 64B has twin aims. Paragraph 64B eases the conversion of foreign subsidiary operations to cash for repatriation back to South Africa, and paragraph 64B eases the restructuring foreign subsidiaries remaining under South African control.
Despite the purposes outlined above, paragraph 64B has been subject to misuse. The very exemption designed to repatriate funds back to South Africa (or to restructure foreign subsidiaries while remaining under South African control) is being used to undermine the South African tax base. In transactions of this kind, paragraph 64B is used to shift South African owned foreign subsidiaries outside the South African tax stem, thereby limiting South Africa's global tax reach. This removal was never the intention; and while rules have been enacted to prevent this misuse via paragraph 64B(3), this misuse remains an ongoing concern. Given these concerns, a case could be made for the repeal of paragraph 64B in view of this misuse, especially in light of the easing of Exchange Control.
At this stage, time-constraints demand that immediate change in this area should be limited solely to remedying targeted concerns until space exists for a more comprehensive review. The Taxation Laws Amendment Bills, 2008 accordingly address some of these more pressing issues. Any legislative amendments are proposed to be effective from the date of this media release.
The National Treasury is scheduled to brief the Parliament's Portfolio Committee on Finance on the draft legislation on 4 March 2007. Parliament will request public comments on the draft Bill, and thereafter hold public hearings later in the month. Whilst all comments should be submitted to the Parliamentary Portfolio Committee of Finance, members of the public are also invited to send the same comments to the National Treasury and South African Revenue Service directly.
National Treasury and SARS will consider all comments submitted as well as any recommendations arising from the Parliamentary hearings, when finalising the proposed legislation for tabling in Parliament in late March 2007. Comments should be sent to National Treasury by email to jeanne.viljoen@treasury.gov.za or by fax to 012 315 5516. Please ensure that the comments reach us by 5 March 2008.
<fn>GOV-ZA.2008022601En.2012-02-10.en.txt</fn>
Madam Speaker, Honourable Members, I am deeply conscious of the need to assiduously avoid this sounding either like a CV or an obituary. There's too much kick in the old pony yet to even begin to contemplate any of those. This afternoon is about paying tribute to a colleague and comrade who, for the past 14 years has given meaning to the title, Member of Parliament. He has served this institution and the executive so exceedingly well during this period.
I have to declare that I have a triple view advantage - we served together on the ANC National Executive Committee for 16 years, in the Cabinet for 10 years and yes, whilst he would call it 'shared a house', I should, in the interest of correctness advise that I squatted in his house for 10 years. Definitions are immaterial - but since it remains unresolved, he'd say squatter would have ityotyombe in the garden, and I took over increasingly larger parts of his house where he didn't dare enter, after a while.
When I moved into the house, I had visions of order - rotations for cooking and dishwashing duty and the like. None of it ever took place - we lived primarily off Louise's organisational capabilities (malibongwe!) - each week she would pack food for the freezer which was carefully marked, and all Kader had to do was microwave the daily portion. This was a really difficult task for Comrade Kader, the microwave oven, if it still exists, probably bears sufficient dents and craters from the odd explosion that took place there. So, please scratch Kader's name off your list of celebrity chefs.
But work, the intellectual engagement - reading, writing or interpreting has always been the Honourable Asmal's deep and driving passion.
When he returned from exile in Dublin, he came to live in Cape Town. He arrived as one of the great legal minds of the ANC, with a fierce reputation. He was located at the UWC and from there participated fervently in the work of refining the ANC Constitutional Principles and became an integral part of the negotiating team. I am sure that there is so much richness and detail from this period, and Kader's place will be recorded as one of the lead roles.
It was with this reputation that Kader stood around with a number of us who had been invited by President Mandela to the Union Buildings on 11 May 1994 while a tense round of negotiations took place on the allocation of portfolios. Individually we were advised of our assignment. Now, I can kiss 'n tell, and say that I didn't think Kader was overjoyed when he was assigned Water Affairs and Forestry. He did not ever admit to it, but I had a sense that he was a bit disappointed that his legal skills were not called upon.
Madiba's faith in Comrade Kader was so completely unbridled. He knew that he could depend on Kader to take on a portfolio whose predecessor few remembered, even then!
Kader attacked the portfolio with gusto. Hauled out the RDP, calculated the number of miles of water piping and the number of taps that the country needed, and badgered Derek Keys and Chris Liebenberg as Finance Ministers and Jay Naidoo in the RDP office. Water had just become the sexiest portfolio! The portfolio now included aspects that previously could never have been considered, such as Working for Water, and a National Water Act (1998) whose transformational impact is part of his great legacy. He was appointed to head the World Commission on Dams by the World Bank, and he was awarded the prestigious Stockholm Water Prize. But perhaps his greatest accolade comes from the United Nations Development Programme who chose to launch their Human Development Report, that was themed on water in 2006, here in South Africa because, as the report states "South Africa is one of the very few countries that spend less on military budgets than on water and sanitation." Not bad for a lawyer, whose association with water until his appointment appeared to be confined to two frozen bits that he dropped into an amber fluid!
But with all of the challenges in the portfolio, including all of the learning he had to do about head and weirs and pumping systems and recycling and had time to take on other responsibilities in Cabinet - he was responsible for the establishment of the National Conventional Arms Control Committee , an idea that he led because he wanted to turn around the bad reputation that Armscor had acquired for itself and the state under apartheid.
Ethics Code has his DNA all over it. Again, we should be reminded that his sterling contributions to the functioning of democracy and the strengthening of parliamentary oversight sets this Parliament apart.
Kader was deployed to the Education Portfolio after the 1999 elections. I have not yet confirmed why he was so delirious - was it the joy of tackling education, after law, his great passion, or was it the sadness of separation from the Water and Forestry portfolio. Few things in life can prepare an individual for such a huge change. But, Kader was ready.
Even he would admit that he found the going a bit tougher. In Water Affairs, he could pretty much decide things; whereas in Education, the Constitution assigns the delivery of the most challenging part of education, schooling, to the Provinces. By the time he was assigned a measure of federalism had already taken root - the Act even established the Council of Education Ministers, rather than a MinMEC. So yes, he should own up that the going was tough.
But again he attacked the most glaring problems - the acquisition and distribution of learner support materials and the school- building programme with the same vigour, but perhaps with less success. Objectively it was just too hard. And often we would talk about these difficulties and his frustrations until 3 or 4 in the morning. The portfolio has been and still is, very difficult. Add to this the odd uprising or instance of maladministration at a tertiary institution and the work of the Education Minister is more than cut out.
This did nothing to dampen his enthusiasm - he drove the curriculum changes focused on Outcomes Based Education, in the face of some stiff opposition from traditionalists; he established an Advisory Committee on Tertiary institutions and took the hard route of amalgamating a number of them and significantly upgraded the Register of School Needs in order to allow for the monitoring of the state of school infrastructure.
But this job wasn't big enough for Kader either, so he was appointed by UNESCO to chair an International meeting of Experts to draft a Convention on Cultural Diversity. Again, he did this with aplomb. The world recognised his efforts and the French Republic admitted him to the Legion d'honneur.
Since 2004 he has served as a Member of Parliament, and not in the executive. At first he chaired the Joint Committee on Defence. I claim responsibility for his redeployment from there - South Africa was assigned the task of Chairing the Financial Action Task Force for 2006. The FATF is a complex multilateral body based in Paris, which deals with the prevention of money laundering and terrorist financing. We picked on the good Professor to head our chairing initiatives. I thought it would be a stretch - law, water, arms control, parliamentary ethics, education, defence - but no chance, Kader once again did South Africa proud.
He has been able to address himself to all the tasks assigned, with the energy he has, for two reasons - firstly, his values. When he was awarded the Legion d'honneur he said, I am a product of our struggle for freedom.
Constitution. That defines the Kader I know - in service of his movement. His values are so strong, they provide him with a solid platform to work from. The second reason that I am aware of is the deep yet critical support that he enjoys from Louise.
His life's work has placed Comrade Kader in the position where he can criticise and advise, and everybody knows that it emanates from one who loves his organisation and democracy very, very dearly.
One problem, aside from cooking is that he is a complete technophobe. He has only just learnt to dial on a cellphone. He still struggles with a Dictaphone and sending an sms or using a computer - these are all too futuristic.
But then, he's not young. Approaching 74 now, Kader's take on learning is completely exemplary. In all the years we lived together this was a task he never let up on - he reads every day. As a Minister, cabinet documents, letters, submissions, technical books, international reports, and many, many novels. This is a discipline we all should have, a shared commitment to life-long learning. Kader read every single day - regardless of other duties, including the many cocktails on the diplomatic circuit he attended - when others might have been 'tired and emotional' after these, Kader would return home to work. That is the distinguishing discipline!
When he concluded the UNESCO report, he relied on the words of the great poet Bertolt Brecht and said, o When the battle of the mountains is over o Then you will see o That the real battle of the plains will begin.
So Kader, the battle of the mountains here in Parliament is over for you, because you made the call. Now the real battle of the plains will begin for you.
I so hope, you did not have to time your retirement to coincide with Fidel. But there, the same old problem arises, Kader.
Go well into the labyrinth of academia, your presence will be sorely missed because you have taught infinitely about the meaning of what it takes to be a parliamentarian.
<fn>GOV-ZA.20080227polpardonsinsertEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2008022801En.2012-02-10.en.txt</fn>
The National Treasury today released for comment draft regulations in terms of the Long Term Insurance Act, 1998, dealing with revised commission structures and enhanced consumer protection for contractual savings products of the life insurance industry.
The regulations follow extensive consultation on the 2006 National Treasury discussion paper, Contractual Savings in the Life Insurance Industry, which outlined a range of proposals designed to give effect to the December 2005 Statement of Intent ("SOI") signed between the Minister of Finance and the life insurance industry, aimed at improving the value provided by contractual savings products, such as retirement annuities and endowment policies.
Regulations implemented on 1 December 2006 gave effect to the first phase of the SOI commitments, which encompassed retrospective measures to improve policyholder value for policies written in the past and existing policies.
The regulations released today form the next phase of the SOI, designed to further improve the cost effectiveness and consumer protection provided by contractual savings products written in the future. These reforms deal specifically with changes to the structure of commission payable on these products, as well as enhanced minimum early termination values.
Existing intermediary remuneration for contractual savings products is strongly biased in favour of up-front commission, with three-quarters payable in the first year of the policy term and the balance in the second. This reduces the incentive for intermediaries to provide ongoing service and advice to the client and puts at risk the value that policyholders receive, especially in the event of an early termination of the policy.
a provision that policyholders may redirect the payment of commission to another suitably accredited intermediary or insurer representative of their choice, should they be dissatisfied with the level of financial advice and administration they are receiving; and a prohibition on the payment of up-front commission if an existing contractual savings product is replaced by another such product, to protect against the risk of unnecessary, commission-driven replacement of policies.
Minimum early termination values are necessary to provide a safety-net against extremely poor policy values in the event of early termination.
At the time of the SOI, the National Treasury indicated that the introduction of revised commission regulations would support further enhancements to these minimum early termination values.
the maximum deductible charge on an early termination is reduced to 15% of the investment value (from the 30%-35% limit that applies to existing policies), reducing to 0% by half-way through the policy term; plus a capped administration charge to cover termination expenses; and early termination charges must be clearly disclosed to the prospective client when applying for an investment policy, as well as in the policyholder summary and in annual statements to policyholders or members.
The proposed regulations are the outcome of careful consideration and consultation, including technical analysis of the potential impact on insurers, intermediaries and policyholders. The regulations include special provisions to cater for the business sustainability of small and emerging intermediaries selling low-premium business.
It is anticipated that, in combination, these measures will contribute to a significant improvement in consumer perceptions of the value offered by the savings products of the life insurance industry, particularly with respect to the burden of cost in the event of early termination.
Taking due cognisance of possible changes to system requirements, an implementation date of 1 August 2008 is proposed.
The closing date for comment is 20 March 2008.
For more information contact Thoraya Pandy on 082 416 8416 or email thoraya.pandy@treasury.gov.
<fn>GOV-ZA.200802ChiefmasterdirectiveReqformEn.2012-02-10.en.txt</fn>
NB: No file is to be made available before this document has been completed. The Master, Deputy Master, Assistant Master or Office Manager must approve the request before the file is perused. A period of 48 hours is required to enable personnel to locate the file. It is advisable to ensure that the file is available beforehand.
<fn>GOV-ZA.2008030601En.2012-02-10.en.txt</fn>
The Minister of Finance, Mr. Trevor A Manuel, MP welcomes the judgment by Judge Andre le Grange in the Cape High Court in the matter between Minister Manuel and Terry Crawford-Browne. The judgment, handed down today, relates to the application by the Minister to prevent continuous and unfounded defamatory statements made against him by Crawford-Browne.
That the Respondent remove from his website all allegations wherein the Respondent has accused the Applicant or suggested the Applicant is guilty of the crime of corruption or other criminal conduct in connection with the arms deal, pending the action.
Whilst we recognise that it is unfortunate to have to bring such applications to protect us from abuse, we are nevertheless encouraged by the finding of the court. The Judge has weighed the issues and says in paragraph 16 of his judgment: "Freedom of expression is fundamental to our democracy, however, it is not a paramount value. It must be construed in the context of the other values enshrined in the Constitution, in particular the value of human dignity. Under our new constitutional order, the recognition and protection of human dignity is a foundational constitutional value."
The judge also states that Crawford-Browne does not provide a "shred of evidence" against Minister Manuel and in paragraph 29 says that the statements made by Crawford-Browne "are in my view defamatory and part of an ongoing campaign to deliberately undermine the Applicant [Manuel]. I am satisfied that a strong prima facie right to the Court's protection has been established." Judge Le Grange found that "the Applicant's [Manuel's] reasonable believe (sic) that the Respondent [Crawford-Browne] will continue to make the unlawful and defamatory remarks and may increase the intensity and frequency thereof unless he [Manuel] has the protection of the Court is not unfounded."
Essentially, the judge recognises that the hard won freedoms that we have attained need to be tempered by responsibility. The judge has evaluated the conduct of Crawford-Browne and concludes that the manner and methods he chooses to employ in participating in public debate is not concomitant with the responsibility that accompanies freedom of speech.
For further information, please contact Thoraya Pandy on 082 416 8416.
<fn>GOV-ZA.2008030702En.2012-02-10.en.txt</fn>
Daiwa Securities Group has announced an inaugural issuance of Vaccine Bonds under the International Finance Facility for Immunisation (IFFIm), the GAVI Alliance and the World Bank's Global Debt Issuance Programme. The IFFIm is a donor initiative created to accelerate the availability of predictable, long-term funds for health and immunisation programmes. The IFFIm's financial base consists of grant payments from donors on the basis of which the IFFIm issues AAA/Aaa/AAA-rated bonds in the international capital markets. It is an "innovative source of financing" arising from the need to identify better financial and technical cooperation to support the attainment of the Millennium Development Goals.
The terms of the Rand denominated bond were preset at a coupon of 9,9 percent. The bond is currently in the process of being marketed by retail branches of Daiwa Securities to Japanese retail investors exclusively. After assessing demand for the bond, the amount to be placed was capped at R1,7 billion. The bond will be settled on 18 March 2008, with a maturity date of 18 March 2010 and will be listed on the Luxembourg Stock Exchange.
The bond issue is the single largest Rand denominated issuance in the Uridashi market (Foreign Currency denominated bonds issued in the Japanese retail market) to date and highlights the demand that exists for Rand assets, despite the current levels of volatility experienced by capital markets.
South Africa is one of eight donors to the IFFIm and this support demonstrates the political will by emerging economies to address the problems of global poverty. Funds raised through the IFFIm's Vaccine Bonds will accelerate the availability of funds for health and immunisation programmes in 70 of the poorest countries around the world, many of which are in Africa.
<fn>GOV-ZA.2008030En.2012-02-10.en.txt</fn>
To make provision for the renaming of the High Courts of the Republic; and to provide for matters connected therewith.
This Act is called the Renaming of High Courts Act, 2008, and comes into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.20080313LusikisikisccoingEn.2012-02-10.en.txt</fn>
Legislation o The Constitution o Legislation, Bills, etc.
Contacts o General o Ministry o Related bodies, commissions, entities, etc.
In early March, community members braved the cold weather to attend the official opening of the Lusikisiki small claims court. Even with the melancholy weather the residents were in high spirits, welcoming a change in their lives which would bring court services closer to them. The opening of the court brought different people together from all walks of life. Some of those in attendance wore vibrant, traditional Xhosa clothing.
This historic occasion also brought vital services closer to people, as the nearest city to the rural Eastern Cape town of Lusisiki is Mthatha, which is two hours away through winding mountain roads. "It was great and I think it will make the community even greater," said Mrs Nandie Makanda, Manager at the Lusikisiki Magistrate Court. "The court opening will make people aware (of this court's existence) so that they can get more knowledge about the court."
This colourful event on March 13, at the teachers college in Lusikisiki, marked the official launch. However, the Lusikisiki small claims court had been functioning on an adhoc basis since 2007 . The opening was to increase an already existing awareness its services, which was done with great success.
Mr Malcolm Nhleko, a Senior Magistrate and Chairperson of the small claims court explained that the court will assist the civil court with and making justice more accessible to the people in the Transkei. "The small claims court makes justice accessible to the people as it is quick, free and you don't need a lawyer," said Mr Nhleko.
The day truly had flair with a multitude of cultural outfits and the entertainment being presented by young Xhosa children, who took to the stage. The overall decorations such as pictures, cloth and calabashes were a celebration of Xhosa culture. "I was impressed with organisation of the event as many stakeholders were there like the Legal Aid Board, members of the Judiciary, State Prosecutors and members of the public," said an excited Mr Vuyani Mguqulwa, Regional Head for the Department of Justice in the Eastern Cape.
"I was also impressed with the level of enthusiasm that the Chiefs of the area showed with attending the event. It shows that the Department's services are being delivered to the community and the community is appreciating it." He added, "We say that justice must be brought to the people."
Employees of the Department of Justice welcomed members of the community with information pamphlets and posters, which where greatly appreciated. With that much passion there is no wonder the day was such a great success!
<fn>GOV-ZA.2008031701En.2012-02-10.en.txt</fn>
Thank you all for having offered up your time to join us in this symposium. It is appropriate that a government should periodically pause to evaluate its policies, to be advised of changing global trends, to test its policies against its intended socio-economic policies and then to undertake the detailed work necessary to plot a new course ahead. This symposium addresses the first three of those objectives.
We are one country who can proudly proclaim that the changes to tax policy and administration have served us incredibly well over the last fourteen years. And, we have no intention of any let up on our success rate.
Reminding ourselves of the road traversed, however is not intended to signal a change, or to give tax dodgers any comfort. In fact, I hope that at the end of this symposium they should be filled with much more dread.
We have undertaken significant tax reforms since 1994, giving effect to many of the recommendations of the Katz Commission. The Commission was appointed soon after our transition to democracy, and set the task to review all of the tax laws at that time. The Katz Commission issued a series of reports on different topics, issuing its ninth and final report in March 1999.
Amongst the significant proposals was the replacement of the source-based system of taxation with a residence-based tax in 2001. The reports included proposals for the broadening of the tax base, reduction of tax rates, phasing out of certain taxes, and radically improving our administrative and collection capacity.
Corporate and individual rates were significantly reduced since 1994. The headline corporate income tax rate was decreased from 40 per cent to 29 per cent (and to 28 per cent in 2008/09) and the top marginal personal income tax rate from 45 per cent to 40 per cent. The income level at which this top marginal rate becomes effective increased from R120 000 in 1999/00 to R490 000 in 2008/09. At the bottom end the marginal personal income rate decreased from 19 per cent to 18 per cent. However, increases in this income tax bracket and of the primary and secondary rebates over the period 1999/00 to 2008/09 resulted in an increase in the income tax thresholds (level below which no personal income tax is payable) from R19 526 to R46 000 for individuals younger than 65 years and from R33 717 to R74 000 for individuals 65 years and older. The VAT rate has remained unchanged at 14 per cent.
These reforms have resulted in significant changes to the level and composition of tax revenue. Our tax-to-GDP ratio has risen from 22.
28.0 per cent in 2007/08, in spite of the significant reduction in tax rates. Over 80.0% of our revenue is now from three tax instruments, the personal income tax (PIT), value added tax (VAT) and corporate income tax (CIT). Whilst PIT is relatively stable, corporate income tax revenues as a percentage of GDP increased from a low of 2.6 per cent in 1993/94 to a high of 6.6 per cent in 2006/07, though it was very volatile as a share. VAT fluctuated around 5.9 per cent of GDP between 1994/95 and 2002/03 and increased to 7.4 per cent in 2006/07. Most years, SARS collects more revenue that originally budgeted, and in most years, this is very significant.
I suppose that for me, as an avowed social democrat, the scariest aspect of all of this is that we prove the correctness of the Laffer curve with each move.
We have clearly achieved much since 1994. However, we operate in a world of fierce contest between tax authorities and tax advisers. In this world of rapid change and innovation, we have seen aggressive tax structuring as firms with healthy balance sheets suddenly move into high gearing as a result of the intervention by new players such as private equity funds. We observe the speed of the devastation caused by financial turmoil, and we know that this could never be confined by sovereign borders. Across the world, countries seek to maximize their attractiveness to direct investment, sometime even in a headlong race to the bottom. All of these features are real, they are hard, and they are an integral part of this highly competitive globalised world. The worst any government can do is to be complacent. This symposium has been convened to allow us to take stock of past reforms, and review where we are today compared to other countries.
Part of my job is to remind South Africans all, and especially my colleagues in government of the downside risks. So, I have to repeatedly - yes, even early on a Monday morning - mention the deficit on the current account. That gap of just over 7 per cent between our investment rate of just over 21.
13.8 per cent savings rate is the major chink in our armour - somewhat accentuated by the current turmoil on global financial markets. We are dependent on foreign capital inflows to fund our rising current account deficit of 7.4 per cent in 2007.
It is also important to remind ourselves that South Africa is a poor country with an open economy. We have too many people still trapped in a grinding poverty. Our conscience compels us to extend social grants to just over 12 million - that is almost 1 in 4 South Africans. We are also deeply concerned about the low labour participation rates. Our statistical agency has just released the results of the 2005 Income and Expenditure Survey which confirms the extent of inequality. The top 10 per cent of households receive 51 per cent of total income and the bottom 40 per cent of households receives only 6.5 per cent of total income. President Mbeki has declared war on poverty, and focused government departments and their budgets towards attaining this objective.
Any review of our tax policy must be mindful of all these trends, both domestic and international.
The symposium also needs to review what new set of tax reforms we need to consider for the next 10 years if we want to accelerate our growth path to much higher levels than the current 5% growth per annum, and also significantly reduce unemployment. A symposium such as this will work, only if we spare ourselves no blushes - so feel free to ask some tough questions to assist us in assessing our tax system, and provide us with your own comments on how to align our tax system within an economic growth strategy that is based on higher levels of investment. But we also want the comparative advice in order that we benchmark ourselves against our peers.
Given our reliance on foreign capital flows to fund our current account deficit, we would be particularly interested in whether the SA tax system is friendly enough for such capital flows. In particular, is our treatment of foreign direct investment and multinationals in line with international practices.
How do you view our policy to phase out STC and replace it with a withholding dividends tax Are there lessons to be learnt in how we treat debt-financed and equity-financed initiatives - should we try and be neutral in this respect, and if so, how?
We have followed the spirit of the Katz Commission to the letter. We have thus continually lowered corporate rates across the board, in preference to a complex maze of exclusions and incentives. Our choice has been to limit administrative discretion - the dividends of this are self-evident from our higher tax yields. Now there is fresh pressure to reconsider this - and we do so from a much stronger position of significantly improved administrative ability. Again we ask, what is the comparative experience We ask this because we set as one of the key objectives of government the halving of unemployment rates over the next five years. Significant improvements in labour absorption are not optional extras for us - it has to be at the very epicentre of the choices we make?
In the 2008 Budget government has set aside R5.0 billion over three years to support its industrial strategy; in particular we have to deploy most of these resources via tax incentives in support economic growth and employment creation. We are well aware that there will be efforts towards rent seeking, efforts that should resisted. We must design a set of interventions that will address market failures; these interventions will have to be transparent and will take us on a higher and employment creating growth path.
I want to move from the economic to the administrative challenges. I do so from a fervent belief in the maxim, "Tax administration IS tax policy." In addition to the economic incidence of taxes it is also important to take into account the cost of collecting taxes - administrative costs on the side of the revenue authority and compliance costs on the side of individuals and especially businesses, given that a legal liability for many taxes rest with businesses, even if the economic tax incidence is on individuals.
The creation of SARS in 1997 and its outstanding success in collecting revenue and reducing the scope for evasion creates the very foundation of the South African state, allowing it to have the capacity and scope to provide basic services to all and to set this country on the path to progressively eliminate poverty.
In January this year the OECD Forum for Tax Administration convened in Cape Town and formulated and approved a framework to enhance the relationship between business and tax administration on the one hand, and between tax administration and intermediaries on the other. The prospect of an enhanced relationship which entails a level of trust, openness and a willingness to improve disclosure of information, is going to provide interesting challenges for South Africans. SARS has invited corporates, the tax intermediary industry and tax advisers to engage with it on this matter.
We are keenly aware that it is onerous to amend tax legislation so significantly each year, yet I do not know if it is possible not to do so when the tax structuring industry is so aggressive. The process for amending tax policy or legislation is always a contested process, and it is in most instances not possible to consult first before making announcements. Consulting is only feasible before the legislation is approved by Parliament.
There are a host of other challenges facing our tax system, including the appropriate type of tax decentralization. Contrary to conventional wisdom, the devolution of taxes in a developing country like South Africa carries great risk, and increases the scope for avoidance and evasion. South Africa has shown that its approach to revenue-sharing clearly has distinct advantages, and emphasizes the need to guard against fragmenting the tax system, which tends to undermine the objectives of simplicity and efficiency. We have struggled to find appropriate taxes for local government, beyond the property tax, after we phased out the Regional Services Council levy.
The area of environmental taxes also poses new challenges, as these taxes are not always motivated by the need to raise revenue, but by the objective of reducing consumption. A phasing in of environmental taxes will mean that we will be opting for many more small taxes, which might increase administrative and compliance costs. We have started on this road with the implementation of a plastic bag levy for which we are again slaughtered in the press today - the collections work like a charm, the spending, well that is an altogether different story. We have also just announced our intention to impose an electricity levy cleverly, with a clearly stated intention to reduce consumption. This is going to be a difficult road, and will require international co-ordination if those moving first to save our environment become less competitive than their rivals who care less about the environment.
Our tax system will be profoundly affected by the coming retirement reforms which will compel all employees to contribute towards retirement funds, and the possible introduction of a wage subsidy to encourage the creation of low-income jobs.
I want to end by once again thanking you for participating in this tax symposium, and inviting you to pose the tough questions to assist us in reviewing our tax system, and to provide an analytical framework for determining the next set of tax reforms for the next decade.
We are listening closely. We are learning feverishly. We do not want the world's second best tax system, that will fail our democracy.
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I want to express my sincerest appreciation to the law schools of the University of Cape Town and of New York University for having initiated this joint venture on Global Administrative Law. I recognise that GAL, as a branch of law, is still in its nascent stage. However, as would be self-evident to all here present, this area of work is in desperate need of development and recognition. I am distinctly privileged to join with you here. Though, I should warn in advance, that I can at best proffer a distinctly non-lawyer's perspective on the law.
We are obliged to accept that the development of globalisation is a given. As the author George Monitor reminds us, "Everything has been globalised except our consent Democracy alone has been confined to the nation state. It stands at our national border, suitcase in hand, without a passport."
Persuasive as Monbiot's imagery is, he tends towards a rather fatalistic view of the role of the nation state within a globalising world. Within the same broad theme, Roberto Mangabeira Unger argues rather differently. He suggests that we (as society or a nationstate) should refuse to accept the view that globalisation is there on a take-it-or-leave basis and that all we can do is have more or less of it on its own terms.
He proposes that we should work together with other powers sharing the same vision to reform global economic arrangements and to reshape world political realities.
Unger's arguments are far more agreeable. What we have to do though, is to revisit the basic precepts of governance itself. Much of the role of the modern state and its intergovernmental relations is the product of the ravages of the Second World War. On the one hand, there was the definition of the responsibility of the state to its citizens. William Beveridge in a 1942 report to the British Government on proposals to rebuild the country after the war, highlighted the "five giant evils of want, disease, ignorance, squalor and idleness" and thus laid the basis for the modern welfare state. Few could argue against the place of these challenges and the associated recognition of fundamental human values as central to the purpose and objectives of democratic governments.
Let me assume that most democratic governments accept, with some variation in form and articulation, the values espoused in our Constitution.
2 What Should the Left Propose, Verso, 2005 3 The Constitution of the Republic of South Africa, Act 108 of 1996 that our Constitution has been developed and will no doubt be further extended through a swathe of legislation, that the Executive is held accountable to a legislature and that legislation is subjected to review by a series of courts, with the Constitutional Court at its apex.
So, both the values and the checks and balances are tested for compliance. This is the heart of the functioning of our democracy.
The Constitution entreats us, however, to build this South Africa "able to take its rightful place as a sovereign state in the family of nations." This part of the mandate presents us with a series of challenges.
Thirdly, the decision-making rules in various parts of this family are so vastly different - in some of our shared institutions the principle of one-nation-one-vote is accepted; in others decision-making is on the basis of shareholding with the wealthy enjoying the lions share, in some account is taken of demographic are other weighting considerations and in yet others, we are excluded from all decision-making yet may be bound by or affected by their deliberations and outcomes.
As a practical injunction, therefore, the invitation from Unger "that (we) work together with other powers sharing the same vision to reform global economic arrangements and to reshape the world political realities" is exceedingly resonant.
So for example, we have participated actively in the International Task Force on Global Public Goods to secure an agreement on the key shared imperatives of our time.
Generating knowledge as the uniting values and as an agenda for implementation. By virtue of the global nature of these issues, we recognise that much of the work must be led by multilateral agencies.
But we also agreed that there must be a significant reform programme of the governance and accountability of these institutions.
At around the same time as Beveridge laid the basis for the modern welfare state, John Maynard Keynes was involved in Bretton Woods, New Hampshire, to lay the basis for a raft of global institutions to deliver a better world. Three pillars were agreed to - the first was the International Clearing Union , which would later become the International Monetary Fund. Keynes's proposals were far-reaching, they included a World Central Bank and a global currency to maintain full employment and provide liquidity. The second pillar later became the International Bank for Reconstruction and Development, commonly known as the World Bank. The third pillar was designed to stabilise primary commodity prices and address trade issues, and was called the International Trade Organisation. Whilst this pillar was agreed to at Bretton Woods, it met so much resistance on the floor of the US Senate, that it was abandoned before being put to the vote. The World Trade Organisation was eventually established in 1995. In respect of the IMF and the World Bank, there was reasonable agreement between Keynes and the US representative Harry Dexter White on structure and decision-making, but this was eventually overturned by the US Treasury which pushed for a voting structure based on a blend of voting power between the scale of members' contributions and the principle of the equality of states. These complexities live on.
Let me digress and share with you some illustrations of the complexity of decisionmaking in those multilateral bodies where Finance Ministers participate.
The arrangements in the IMF and the World Bank are characterised as follows in a recent paper for the Bretton Woods Project: " The 47 countries of Sub-Saharan Africa, despite counting for 25% of the Fund's membership, hold just 5.6% of the vote and two seats on the board. On the other hand the 27 members of the European Union hold 32.1% of the voting power and 7 seats on the board, not including Switzerland's chair and votes. The United States has maintained its grip on power at the institution, holding its own seat on the executive board and wielding 16.8% of the voting power. This makes the USA the only country that can singularly veto decisions on quota adjustment and changes to the Articles of Agreement."4 2.
In the United Nations, where we participate through the Economic and Social Commission and similar bodies, the norm is one-country-one-vote. The norms are similar in the General Assembly, whose powers are essentially persuasive. In contrast, the UN Security Council has 5 permanent members, four of whom must support a resolution for it to pass, and 10 non-permanent members who serve for a non-renewable two-year term. A provision exists for seven nonpermanent members to block a resolution, though it is worth recording that this has never happened.
The WTO has around 150 members, and most decisions require the consensus of all its members. Decision-making is unbelievably complex - two-thirds of member states must vote in support of the accession of a new state; but, in order to build a consensus the chairperson or the director general holds consultations with groups of around 30 countries, in a process now known as the 'green room'.
The Financial Action Task Force is the body charged with responsibility to oversee action to prevent money laundering and terrorist financing. It essentially is a club of 32 member states, which invites countries to join. It was established in 1989, and still operates without a Constitution. Yet there are resolutions of the UN Security Council which are mandatory on all states. Amongst the powers assumed by the FATF is the right to draw up a list of Non-cooperating Countries and Territories - until a recent change of modus, there were 21 countries placed on that list, placed there because they are deemed not to comply with the "40 plus 9 Recommendations" of the FATF.
4 Bridging the democratic deficit; Chowla, Oatham and Wren for the Bretton Woods Project, February 2007.
1373, which commits all member states to comply with the FATF recommendations.
The OECD, of which South Africa is an associate member, has an enormous intellectual resource. It conducts peer reviews of its members and uses its collective and comparative knowledge of fiscal systems and institutions to pursue particular reform agendas. The OECD has, for example, been actively campaigning against tax havens. Its reach extends way beyond its members.
The Financial Stability Forum was established in the wake of the Asian Financial Crisis and is made up exclusively of G7 countries. The participation of selected developing countries, such as South Africa, has on occasion been invited for work in task teams. We remain excluded from the inner sanctum, for no apparent reason.
The G20 comprises the G7 plus 12 countries, and the European Union. The meetings involve both the Finance Ministers and Central Bank Governors - that is challenge enough in one country, let alone 2x. The forum exists for an exchange of information, for mutual evaluation and for the development of new norms and standards. South Africa chaired the G20 last year and our agenda focused on widening "fiscal space" for collective priorities, both national and regional or global, issues relating to commodity price trends and the reform of the Bretton Woods Institutions.
My invitation to all of you is "Navigate that" !
Complex as these arrangements may appear, their coexistence and arrangements for decision-making go to the very heart of the defining Global Administrative Law. For purposes of discussion, let's agree on a flawed assumption, that all states accede to these institutions of their own volition, and thus ought to be bound by rules and agreements. The essence of the endeavour is to reform decision-making and effect a better alignment between domestic and global administrative law.
But law works because the principle of subjection is respected and implemented. I outlined earlier that in respect of the Bretton Woods Institutions, the USA has a veto right over key decisions. There are also various specific instances where the US has declined to sign up to norms applicable to other member states.
Criminal Court. The USA renounced its support.
The 1997 Treaty banning landmines was signed and ratified by 136 countries. The USA has still not signed it.
The USA has proposed reopening talks on the treaty banning torture.
Vice President Al Gore signed the Kyoto Protocol, but the Senate voted against it and President Clinton did not submit it to Congress. It was ruled out-of-bounds by the Bush Presidency since 2000.
This is but an abbreviated list that speaks to a strong tendency towards unilateralism. Yet, this unilateralism is also paradoxical given that at a time when the military power of the USA is unrivalled, its citizens are extraordinarily insecure. Perhaps the truth is that the US needs multilateralism even more than smaller, weak states do. However, it chooses to remain outside the door, declining to join the family.
The arena of multilateral decision-making is fraught with perhaps intractable legal challenges, including the inter-relationship between global agreements and law applicable in sovereign states, the limited sanctions available to the non-financial multilateral bodies and the tardiness of decision-making, where the protracted negotiations in the Doha Round of the WTO are just the most visible instance of a pervasive pattern.
Let us remind ourselves of the task at hand - we have to find solutions to poor decisionmaking structures and to find resonance for a body of applicable law. The present arrangement feels very Italian - Italy has had xyz (and it really is xyz, your guess is as good as mine) governments since World War 2, there are long periods when the Italians went about their daily lives without a government in place. In fact, the present is again such a time. The cynics would argue that Italy exists and functions to prove the theorem that governments are neither necessary nor helpful. We do not want to adopt the same posture in respect of the global community.
Dominique Strauss-Kahn is currently the Managing Director of the IMF. In an earlier life he described the same problem thus, To master globalisation, we have to answer three basic questions. What institutional architecture do we need for international governance?
How can we achieve legitimacy in decision-making How can we arbitrate between domains?
The political challenge is thus to build an appropriate architecture of institutions that are well positioned, rational, and well-governed. More importantly, we must give consideration to the alignment of these institutions in a manner that will both support clear decision-making and improve on the alignment between global agreements and domestic legislatures - together these comprise the sine qua non for improving on the legitimacy of these institutions. Moreover, we have to give consideration to bringing poor, underdeveloped countries in the same arena with large, wealthy and wellresourced states to give effect to decision-making that is both equitable and appropriate. This is a distinctly political task, one that is essentially about the reshaping of the arrangements of global decision-making. In the process, we must find ways of limiting the power and political space to opt out, either through non-participation in global initiatives or unilateral action.
We must remain mindful of the reality that for the bulk of the poor in many poor countries, and indeed for the poor in both developed and developing countries; there has been little or no improvement of the quality of livelihoods. We have seen a decade or more of unprecedented rapid economic growth globally. But inequality of incomes has increased and humanity remains deeply divided. So, while whole political systems can opt out, or attempt to opt out, large swathes of humanity are so disaffected by the sweeping changes of new and newly distributed wealth that their dreams are not of participation and progress but of revenge.
At a time when democracy has triumphed as the model for human political organisation, it is clear that legitimacy must be part of what defines the international system. Legitimacy in our time requires a certain degree of global democracy, but at the same time realistic global governance cannot ignore existing power in economic and military relationships.
5 Dominique Strauss-Kahn, La flame et la Cendre, 2002, p155 world will lead to nowhere.
The need to take into account the divergent economic and military capabilities of these nation states.
I would add a fourth to Dervis's list of divergent requirements, a legal system that is trusted and tested, that aligns the responsibilities at both a global and sovereign level, and a system capable of compelling the commitment of states in the interest of the global good. Such a legal system is, of course, this whole nascent and visionary branch of philosophy you have elected to call Global Administrative Law.
But, the application of the tenets of Global Administrative Law will remain checked by this complex maze of powerful multilateral bodies with their vastly divergent decisionmaking processes. So the reform agenda must be advanced, although it is a murky terrain of compromise and expediency.
A huge report on the reform of the United Nations commissioned by the former Secretary General, Koffi Anan, which was released in early 2005. The grounds are very strong - the title of the report is "A more secure world: our shared responsibility". The proposals relate to the revitalisation of the General Assembly and the Economic and Social Council (ECOSOC), it also proposes significant changes to the Security Council to improve on its composition to reflect current realities. This is the point where the support, especially of the distinguished group of the five permanent members disappears, their special status has to vanish; whilst on the other hand, the rivalry between prospective new members has retarded a valuable pressure point from the developing world.
Similarly, the discussion of the reform of the Bretton Woods Institutions has proceeded in fits and starts. The fundamental problem to date has been that those who wield the voting power have not, for some decades now, needed the services of these institutions. "The subject of global financial governance acquired great topicality in the wake of frequent, costly and widespread financial crises during the 1990's. It became clear that the very rapid and dynamic growth of global private financial markets - characterised by a number of major imperfections - had not been accompanied by sufficient development of global public institutions to provide an appropriate framework that would help ensure both global financial efficiency and stability."
Kemal Dervis has proposed far-reaching reforms. He explains, "A radical but desirable step would be to make the top governance of the Bretton Woods institutions and other global economic institutions part of the overall framework of a reformed and renewed United Nations. The system of constituencies and weighted voting has worked well for the Bretton Woods institutions, allowing them a considerable amount of adaptation and flexibility. Without destroying the positive features of the existing system that, on the whole, has served them well, it is desirable, however, to bring the Bretton Woods institutions under the broad, legitimising umbrella of the United Nations."8 He then proceeds to set out the details for a new United Nations Economic and Social Security Council, to operate alongside a radically reformed Security Council. Part of his proposal is that this new Council be charged with the responsibility of managing the appointment of the heads of the World Bank and the IMF so that appointment by mere birthright is relegated to history.
Now, I should share with you the fact that few commentators are neutral to this proposal. Those who hail from the world of foreign affairs frequently respond with a "hallelujah!", whilst those steeped in the traditions of the Bretton Woods world tend to ask, "What was he thinking" I am of the view that such active responses are good, they suggest that the proposals are being considered?
The overall difficulty is whether the appropriate people are listening and engaged and whether at least a partial modernisation of these 62-year-old institutions will be supported. The intractable problem is that any reform requires a realignment of powers and functions. Even when policymakers are persuaded by the necessity of reform, they tend to argue that such reform can only be supported if it leaves their power base, which may have had some underlying rational basis at the time of the inception of these institutions, entirely unscathed.
Perhaps the present financial crisis will compel a different behaviour. We continue to live in hope, whilst we align with others to argue for significant reform.
We do so in the firm belief that a better world is both desirable and attainable. Undoubtedly, such a better world needs a major institutional realignment, but it also needs a supporting legal framework. Both are imperative and should be developed simultaneously.
So Global Administrative Law is an idea whose time has come. It is an endeavour which merits the strongest political support. It is an aspiration with which the world's citizens will identify, in every dimension of their lives that reaches from one national border across another. It is a branch of law whose development will facilitate both the construction of the institutions and arrangements that are required for sufficient legitimacy of the systems of global cooperation, and the emergence of a practical sense of democratic participation, which is the minimum requirement for public consent to the unfolding globalisation.
There is much work to be done. I wish you well in your deliberations, both in this conference and beyond.
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Madame Speaker, before us today is the first installment of my annual tax package, formally known as the "Taxation Laws Amendment Bills, 2008.".
The 2008 Budget made a number of reductions in tax rates as well as changes in thresholds. The main objective of these Bill is to give effect to these new rates and thresholds. Though a second set of annual Bills will follow later in the year dealing with more complex issues, the Bills tabled today address pension issues, administrative measures to assist the coming filing season as well as the closing of certain loopholes.
The 2008 Budget proposed several adjustments to tax rates and thresholds, including the reduction of the corporate rate from 29% to 28%. This 1 per cent drop represents a long trend of gradual company rate reductions in line with global trends. It is hoped that this rate reduction will assist companies during these turbulent times so as promote employment rather as a means of excess profit-taking through executive bonuses.
These Bills also fulfill our ongoing commitment to protect individuals from the indirect tax effects of inflation by adjusting personal marginal brackets and thresholds for all income groups. For instance, at the low-end, income up to R46 000 will now be exempt instead of the previous R43 000. At the top end, the 40 per cent rate now comes into effect for taxable incomes above R490 000 instead of the previous R450 000.
With the rise of global inflationary pressures, this year's tax changes represent a gradual shift toward a supply-side approach. Personal savings continues to be a priority. The taxfree interest (and dividend) thresholds are increased as well as the tax-free capital gains threshold.
Before returning to the details of the Bills introduced today, it would do well to remember the positive changes that have occurred over the years in terms of overall taxes. Corporate and individual rates have been significantly reduced. The headline corporate income tax rate has decreased from a high 40 per cent to 28 per cent, and the top marginal personal income tax rate has dropped from 45 per cent to 40 per cent. The income level at which this top marginal rate becomes effective increased from R120 000 in 1999/00 to R490 000 in 2008/09. At the bottom end, the marginal personal income rate decreased from 19 per cent to 18 per cent. All of these changes have lessened the tax burden on salaried workers and business operations.
However, given our success in broadening the base, these rate reductions have been achieved without undermining the revenues. Our tax-to-GDP has risen from 22,8 per cent in 1994/95 to a projected 28 per cent in 2007/08. Over 80 per cent of our revenue comes from three tax instruments: personal income tax (PIT), corporate income tax (CIT) and Value-added Tax (VAT). What has changed over time is the proportion contributed by each of the three instruments with a shift away from individuals bearing most of the burden. SARS repeatedly collects more revenue than originally budgeted, thereby giving scope for further fiscal reforms.
The Bills contain further changes in the area of private pension reform in order to maintain our momentum in this vitally important area. Over the years, a number of administrative practices have emerged in order to accommodate the modernisation of pension savings.
The purpose of these Bills is to codify all of these administrative practices as a matter of transparency and to address these concerns. These changes (though technical) should facilitate the transfer of funds between various pension vehicles. All these technical changes are being undertaken in order to set the stage for further pension tax reforms later in the year, especially in terms of pre-retirement withdrawals and allowable deductible contributions.
In terms of administration, the Bills seek to build on the successful modernisation efforts achieved by SARS last year. The Bills eliminate burdensome administration that inhibit efiling, such as the requirement to attach paper versions of supporting documents. The Bills also seek to ensure the proper operation of the PAYE system so that employees can receive their assessments in a timely fashion with minimal complication.
Another important but related matter is the issue of administrative penalties. The Bills set the process in motion for a more transparent set of penalties that can be evenly applied to all taxpayers. Transparent penalty criteria will give taxpayers comfort that they can come forward if they err - all the while facing a certain, yet reasonable response.
Although the first set of annual tax bills is generally designed solely for rates, thresholds and other straight-forward matters, urgent closure of tax avoidance schemes remains an unfortunate but necessary priority. This closure is important if we are to maintain the necessary ingredient of a broad base to facilitate low rates.
The most notable target of concern was the misuse of the corporate intra-group rollover regime. Although this regime was intended solely as a mechanism for deferring taxable gains when a group of companies passes assets from one group member to another, certain manipulated schemes achieved a whole lot more. In these schemes, deferral became outright exemption, thereby allowing group companies to be sold to independent parties wholly free from tax. It is worth noting that some private equity stakeholders played a central (but by no means exclusive) role in this arena.
At the end of the day, our approach has been to be "tough but fair." After fully taking into account all comments received, we chose a course that fully closed the loopholes of concern without undermining legitimate commercial transactions.
One final note worth mentioning is another avoidance scheme uncovered during the informal hearings process. In these schemes, legitimate and important commercial transactions such as BEE are used to generate artificial deductions through excessive financing. Whilst we do not wish to hinder transactions necessary for our economy, we again cannot sit idle while legitimate transactions are used as a masquerade for tax avoidance. In order to remedy this newly uncovered concern, a media statement will shortly be released in this regard.
I would like to thank Chairman Nhlanhla Nene and the members of the Portfolio Committees for their valuable role in the process. The Committee's intervention helped bring some very important facts to light. On that note, Madame Speaker, I hereby table the "Taxation Laws Amendment Bills, 2008."
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19 March 2008 1.
I would like to thank this House for the spirit within which the discussions and debates on the Appropriation Bill have been conducted. In a country as divided as ours, and given the sometimes acrimonious debates in this house on various social, political and economic challenges, it is clear that there is a remarkable consensus on issues related to the budget. In particular, that our key public spending priorities are education, health, infrastructure, basic household services and fighting crime; there is almost complete agreement. We may disagree about the exact balance of spending, we may disagree about the state of the capacity to implement and we may differ on precisely how to deliver on various objectives. Nevertheless, the debates in this house show that we agree on much about our national budget.
The call by the President in his State of the Nation Address to deal with matters in a business 'unusual manner' has certainly taken hold. Our call - Si yim bumba - we are in this together has galvanised our country and the political parties in this house, to come together to face the challenging times ahead united as one country.
From listening to the debates and in reading the reports of the various committees that have deliberated on the Appropriation Bill, there are as many views on where budgets should be increased as there are on 'concerns about absorptive capacity - capacity to spend'. I welcome all these views and comments. They help enrich the debate and keep us on our toes. I also trust that many of these detailed issues on the quality of spending, capacity to spend or value for money will be taken up by the various portfolio and standing committees in deliberations on individual votes. I'll return to the issue of value for money later.
The process of putting the national budget together is a long, complex one. We take seriously the views expressed by members in debates in this house and in the various committees that debate the budget. Through the Ministers' Committee on the Budget, we assure South Africans that the budget is not a technical exercise but a deeply political one, with oversight provided by the executive and legislatures at various points. We also take into account the views of various social formations, including the Peoples' Budget Campaign and that of various political parties. We have to balance the needs of all South Africans in the interests of growth and development. The budget must also be set within both a political and economic context which recognises the gains that we have made since 1994 and the challenges that we continue to face in ensuring a better life for all.
In October, the weather forecast suggested a high likelihood of a global economic slowdown. In February, the advent of a global slowdown was upon our doorstep, though there were still questions about its severity and longevity. In just four weeks since the budget, the global economy is looking decidedly more battered and worn. The sale of Bear Sterns to JP Morgan Chase for about a tenth of its value just a week before is a clear sign that the global financial system is in deep trouble and that we have not yet seen the end of the fallout from the sub-prime mortgage crisis. The US has cut interest rates from 5 and a ¼% just a few months ago to 2 and a ¼% this week. The massive injection of liquidity into the US financial system and the steps taken by the US Fed (actually the New York Fed) and the US Treasury to arrange the sale of Bear Sterns is unprecedented.
From the beginning of this year, up to 12 March, our stock market has fallen by about 7.5% in dollar terms. During the same period, the Dow Jones Industrial Index has fallen 8.7%, Shanghai exchange in China has fallen 20.5%, the Mumbai stock exchange has fallen 22.3%, the London Footsy has fallen 9.2% and the French CAC 40 has fallen 11.3%. So yes, Madam Speaker, the world economy is taking strain but our shock absorbers are helping to cushion against the worst effects of this crisis. We have what it takes to ride out this storm. We will be affected, but the policies that we've put in place since 1994 will put us in good stead to avoid the worst effects of the present crisis.
Two factors that are making the present global economic crisis more severe for the worlds poor are food and oil prices. The global food price index produced by the Economist magazine is up 70% in the past year. The spot price of maize, the staple diet for many South Africans, has gone up by 30% in the past year. In the year January, food inflation in South Africa stood at 13.4%. Over the same period, the figure for China is 18.2%, for India it is 11.4%, in Russia it is 16.7%. The factors that are driving up food prices include rising demand for meat due to rising incomes in India and China, increased use of cereals and soyabeans for bio-fuels, rising input costs, variable rainfall in major producers such as Australia and the fall in the dollar. These are global phenomena which impact on the poorest of our people.
This morning, Governor Tito Mboweni reminded us of the steps we have taken to reduce our vulnerability to global shocks. We have over US$32 billion in foreign exchange reserves. We have reduced our debt, especially our foreign and short term debt. Our financial system is strong and well regulated. However, it is also worth reminding ourselves that our large current account deficit increases our vulnerability. We have a shortfall between our savings and our investment needs. To fill this gap, we need almost R4 billion a week or foreign savings. We do not want to slow down investment. We need even higher levels of investment to grow this economy, to reduce the scourge of unemployment, to bridge the divides between rich and poor. To do these things, we have to attract foreign investment, in even greater quantities than in the past. We call on all parties to support our endeavours to make this country an attractive destination for foreign investment. We seek a wider partnership with all players, business, labour and community organisations to attract the capital we need, because the alternative is lower growth and even fewer jobs.
Many commentators have suggested that our 4% growth forecast for this year is optimistic. I wish to point out two facts. Firstly, over the past seven years, our macroeconomic forecasts have been closer to the mark than any private sector forecast. Secondly, because we only get two bites at announcing our forecasts, we take great care and diligence in making them. We are confident that we will meet the 4% growth rate and that the economy will accelerate in the outer years of our medium term horizon.
In announcing the Accelerated and Shared Growth Initiative, we identified several binding constraints on faster growth. These include the need for more infrastructure spending, better outcomes on the skills front, higher levels of foreign exchange reserves, lower levels of crime and improved public sector performance. The budget that we've tabled speaks to each of these constraints, seeking to unblock the constraints on higher growth and more inclusive growth.
Our budget reinforces the view that the state is not a passive bystander in the development of this economy. The budget is an instrument of an activist state that seeks to intervene to support higher growth and more equitable growth. The public sector has an important role to play in investing in the infrastructure required to ensure faster economic growth and that will crowd in private sector investment. Our economy faces a series of constraints to higher growth ranging from skills shortages to electricity constraints. Only higher levels of investment in building both human and physical capital will allow us to break the constraints.
The better planting season in 2007 has meant that for many products, our prices have not increased by as much as the rest of the world. Nevertheless, a 30% increase in the price of maize and at 13.4% increase in the food component of our CPIX basket has meant severe hardships for many South Africans. In the budget, we took steps to increase the school nutrition programme by over 30% next year. Social grant increases take account of higher inflation with the state old age grant rising by 8.5% and the child support grant by 10%. We have also budgeted for a continual expansion of the social security system, extending the number of beneficiaries that receive grants beyond the 12.5 million at present. We continue to monitor the situation and will act in the interests of our people to attempt to protect them from these hardships. But we also know that what we do must be sustainable.
The Income and Expenditure Survey released two weeks ago show some interesting trends about income distribution in South Africa. Between 2000 and 2006, average income per person increased by 33% in real terms. The poorest 10% of households have seen increases of 79%, while the poorest 30% of the population have enjoyed real increases above the national average. It is also true that the richest 10% have seen strong growth in the income, by some 37% in real terms over the period. It is worth pointing out that all South Africans have seen real growth in their incomes. Our social security system has made a significant impact on poverty and on the lives of the poorest 30% of the population. Madam Speaker, given rising returns to skilled labour and the fact that we operate in a global market for these skills, reducing inequality remains a key challenge. It is also clear that we are making progress in fighting poverty and inequality.
The Income and Expenditure survey pointed out that the share of spending on food has fallen from about 25% in 2000 to below 20% in 2006. This is a positive development and is indicative of rising prosperity where the proportion of the household spending on other, more discretionary items is rising and spending on food as a share of spending is falling. Nevertheless, the poor still spend a considerable share of their income on food.
Our policy of gradually expanding our social grants system in complemented by efforts to expand the social wage and in creating more jobs. Poverty reduction depends on much more than just social grants. A focus exclusively on social grants is antithetical to our vision of a developmental state. We seek to achieve a balance between an expanding social security system and investment in the things that allow for people to break out of poverty themselves. Our Constitution implores us to go beyond seeing the poor as passive victims of poverty and recipients of state grants or services. Social grants are not an alternative to better schooling, investing in water, in land reform, in creating jobs.
Oil prices have increased by over 87% in the past year. South Africans were shocked this month when the petrol price increased by over 60 cents to R8.11 a litre. The Financial Times this week reported that all oil futures contracts entered into in the past few weeks for delivery between the present date and 2016 were struck at a price over US$100 a barrel. This suggests that while oil prices may fall, it is clear that we are in an environment where oil prices are likely to stay above US$100 a barrel for a considerable amount of time. This has implications for how we think about the future shape of our cities, our spatial geography, our public transport systems and its implications for moving people and goods in a more efficient manner.
Our adoption of inflation targeting in the late 1990s has enabled our economy to grow and to become more competitive. We recognise that interest rates are a blunt instrument to achieve the objective of lower inflation. However, it is also evident that even the non-food and oil components of inflation are increasing and so, during this time of heightened turbulence, it is important that we continue to use inflation targeting as our anchor upon which we steady our economy and invest for higher growth. We cannot, at the first signs of stress, abandon our anchor.
Several members have raised the appropriateness of increasing the general fuel levy and the Road Accident Fund levy at a time when fuel prices are rising. The general fuel levy is being increased by 6 cents a litre or 5%. This is below the projected rate of inflation. It is true that fuel taxes do impact on the poor and rising fuel costs impact negatively on disposable income. However, we must also accept that certain products create negative environmental externalities and it is appropriate that taxation be used to encourage conservation and more efficient use. Going forward, as we invest in public transport systems, we have to see the tax system as playing a role to encouraging greater use of public transport. The 5 cents a litre increase on the Road Accident Fund levy is above the present inflation rate, but it is below that overall rate of increase of petrol. On the Road Accident Fund, Honourable members, we do indeed have a problem, which several members have raised in this debate. Parliament has a role to play in helping resolve this problem both through its legislation and through oversight of the Road Accident Fund..
In the budget, we announced an allocation of R60 billion over five years to support Eskom's capital investments. These investments are critical to ensuring economic growth well into the future. We are working with Eskom to ensure that they have the resources to meet their investment needs. We have also been clear that cheap electricity, which has had benefits for the economy over the past 15 years, must give way to more appropriately priced energy so as to provide the resources to raise investment levels and to ensure that we use it more efficiently. We are firm in our view that the shift to a more energy efficient economy has long term benefits for our country and has the potential to enhance the labour absorption capacity of the economy. We recognise that there are shorter term adjustment costs that have to be met. Our policies must ensure that these costs are orderly and take account of the impact on employment.
There has been a vigorous debate in these chambers on the fiscal stance adopted by government. Such debate is welcomed as it ensures that more South Africans understand what it is we seek to achieve. Given the high current account deficit, rising inflation and the volatile international environment, the measures we have taken to raise national savings are correct and will provide a degree of protection in these troubled times. The economic reforms that have been put in place since 1996 seek not to pander to international capital or to the whims of any one interest group. They are firmly aimed at providing our economy with the resources and the protection required to grow and to grow more equitably. Furthermore, fiscal policy has provided the public sector with the resources to impact on the lives of the all South Africans. We might debate the magnitudes and levels of savings we seek to garner through our fiscal stance but we all recognise the fact that fiscal policy has created a stable platform upon which we can achieve our social, political and economic objectives.
There is also unanimity in this house that budget allocations in themselves do not change peoples' lives. It is the translation of financial resources to quality schooling, bricks and mortar, better roads and public transport networks, improved health care and more effective policing which our people seek. Judging from many of the remarks by members, we recognise a growing frustration with the pace of service delivery, notwithstanding the allocation of significant amounts of money. We accept that in many parts of the public service, we do not get good value for the billions we spend. This House has a critical role to play in raising the bar on the performance of the public sector and in this regard I welcome the steps taken by Parliament to hold the executive and departments and senior managers to account for the money that this House allocates to them. Over the past decade, we have steadily improved the amount and quality of information that we provide to the legislatures and the public on service delivery. It is your task to use that information to hold government to account. And where the information provided is of poor quality, make a noise, make a loud noise so that we can step up our game even further. I fully agree with the sentiments expressed yesterday by the Honourable Mashiane who implored this House to have a greater attention to detail.
This government will not allocate resources to poorly conceived plans. We will not pander to the wild ambitions of some departments who seek resources for what the Honourable Cronin referred to as 'vanity projects'. We seek your vigilance in ensuring that the hard-earned fiscal space that we've created is allocated towards and is used effectively on projects that will make the greatest impact on the lives of our people, not those that are driven by personal aggrandisement.
In criticising areas where the results achieved have not met our legitimate expectation, we must not lose sight of those areas where we are making steady progress. Both the Community Survey and the Income and Expenditure Survey point to improvements in the standard of living and in access to basic services. Some of the most significant gains have occurred in the area of built environment infrastructure with access to schooling, health care, water, sanitation and electricity rising rapidly over the past decade. We applaud these gains and commit that our shoulder is still pressed firmly to the wheel to ensure that those who still live in poor conditions benefit too.
Finally, I would like to thank both the Portfolio Committee on Finance and the Joint Budget Committee for its hard work and diligence in processing this bill, in taking on board the views of groups both inside and outside this house and in supporting our collective efforts to steer the budget towards the objectives we all hold so dearly. In particular, I wish to thank the the chair of the portfolio committee on finance, the Honourable Nhlanhla Nene and the joint chairs of the budget committee, Ms. Louisa Mabe and Mr. Buti Mkalipi.
In conclusion, Madam Speaker, I wish to repeat that we are all in this together. Si yim bumba. We face a difficult set of challenges in the period ahead. We are confident that our ship is strong, that we will weather the present storms that are raging worldwide. We have steadily built up our defences. Yes, we are going through a difficult period, but this economy has the resilience to continue growing and we are well placed to benefit from a global recovery in the near future. When one looks beyond this storm, one can see the tremendous potential of our economy. Similarly, when one looks at our public finances and at our public sector, we can see that the bigger picture shows steady progress in developing our capabilities and in improving the lives of the poor. We will ride out this storm. We will create a better life for all.
<fn>GOV-ZA.2008031En.2012-02-10.en.txt</fn>
To amend the Magistrates' Courts Act, 1944, so as to confer on courts for regional divisions jurisdiction in respect of certain civil disputes, including matters currently regulated by section 10 of the Administration Amendment Act, 1929; to repeal the Administration Amendment Act, 1929; to effect consequential amendments to certain other laws; and to provide for matters connected therewith.
1 Amends section 1 of the Magistrates' Courts Act 32 of 1944 by substituting the definition of 'court'.
2 Substitutes section 2 of the Magistrates' Courts Act 32 of 1944.
3 Amends section 9 (1) of the Magistrates' Courts Act 32 of 1944 by deleting paragraph (c).
substitutes subsection (1) (a) ; paragraph (a) substitutes subsection (2) (b) ; paragraph (c) repeals subsection (5); and paragraph (d) adds subsections (6), (7) and (8).
http://juta/nxt/print.aspNXTScript=nxt/. dll&NXTHost=juta&function=fullact 7/23/201?
JURISDICTION OF REGIONAL COURTS AMENDMENT ACT 31 OF 2008 Page 2 of 5 5 Inserts section 13A in the Magistrates' Courts Act 32 of 1944.
6 Substitutes section 28 of the Magistrates' Courts Act 32 of 1944.
7 Substitutes section 29 of the Magistrates' Courts Act 32 of 1944.
8 Amends section 46 of the Magistrates' Courts Act 32 of 1944 by repealing subsection (1).
Any proceedings instituted in a court established under section 10 of the Administration Amendment Act, 1929 (Act 9 of 1929), before the commencement of this section and which are not concluded before the commencement of this section must be continued and concluded in all respects as if this Act had not been passed.
any person who is an officer of a court referred to in paragraph (a) , continues to hold such office as an officer of the regional court in question.
the place or places of sitting of such court must be deemed to have been designated in terms of a notice contemplated in section 2 (1) (i A) (ii).
The rules in force on the date of the commencement of this Act in respect of the courts established under section 10 of the Administration Amendment Act, 1929 (Act 9 of 1929), remain in force until they are repealed or amended by a competent authority.
Any reference in any law to a Divorce Court established in terms of section 10 of the Administration Amendment Act, 1929 (Act 9 of 1929), is deemed to be a reference to a court of a regional division.
JURISDICTION OF REGIONAL COURTS AMENDMENT ACT 31 OF 2008 Page 3 of 5 courts and the rules referred to in subsection (4), in order to ensure that courts of regional divisions can exercise the jurisdiction conferred on them under the Magistrates' Courts Act, 1944, as amended by this Act, effectively and efficiently.
retaining or improving the measures introduced by the rules referred to in subsection (4) in order to facilitate and promote access to the courts referred to in subsection (1).
The rules referred to in paragraph (a) must be submitted to Parliament.
The Administration Amendment Act, 1929 (Act 9 of 1929), is hereby repealed.
The laws referred to in the first column of the Schedule are hereby amended to the extent mentioned in the third column thereof.
Nothing in this Act affects any of the powers exercised by the Minister in terms of section 2 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), before the commencement of this Act.
This Act is called the Jurisdiction of Regional Courts Amendment Act, 2008, and comes into operation on a date fixed by the President by proclamation in the Gazette.
Different dates may be so fixed in respect of different regional divisions for the purposes of section 2 (1) (g) (ii) of the Magistrates' Courts Act, 1944 (Act 32 of 1944), as inserted by section 2 of this Act.
(1) Any candidate attorney who has satisfied all the requirements for the degree referred to in paragraph (a) of section 2 (1), or for the degrees referred to in paragraph (a A) of that section, or for a degree or degrees referred to in paragraph (a B) of that section in respect of which a certification in accordance with that paragraph has been done, shall be entitled to appear in any court, other than any High Court, and before any board, tribunal or similar institution in or before which his or her principal is entitled to appear, instead of and on behalf of such principal, who shall be entitled to charge the fees for such appearance as if he or she himself or http://juta/nxt/print.aspNXTScript=nxt/. dll&NXTHost=juta&function=fullact 7/23/201?
has at least one year's experience as a state advocate, state prosecutor or magistrate.'.
' "court" means any High Court as contemplated in section 166 of the Constitution of the Republic of South Africa, 1996, or a court for a regional division contemplated in section 29 (1B) of the Magistrates' Courts Act, 1944 (Act 32 of 1944), which has jurisdiction with respect to a divorce action;'.
JURISDICTION OF REGIONAL COURTS AMENDMENT ACT 31 OF 2008 Page 5 of 5 regional division established under section 2 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), and before any board, tribunal or similar institution in which his or her principal is entitled to appear, instead of or on behalf of such principal, who shall be entitled to charge the fees for such appearance as if he or she himself or herself had appeared.'.
Every magistrate's court for a district, established in terms of section 2 (1) (e) of the Magistrates' Courts Act, 1944 (Act 32 of 1944), is within its area of jurisdiction a maintenance court for the purposes of this Act.'.
' court' means any magistrate's court for a district contemplated in the Magistrates' Courts Act, 1944 (Act 32 of 1944).'.
<fn>GOV-ZA.2008032001En.2012-02-10.en.txt</fn>
This media statement is the product of information uncovered during the consultation process associated with the recently introduced Taxation Laws Amendment Bills, 2008. One of the main issues addressed is the closure of avoidance involving section 45 rollover relief. More specifically, intra-group rollover relief had inadvertently become a means of obtaining tax-free sales to independent parties, and the Bills are designed to close this practice.
However, it soon became apparent that certain section 45 transactions were additionally acting as a masquerade for funnel financing schemes. Whilst these latter schemes are fewer in number, the tax sums involved are far greater (amounting to hundreds of millions over the financing cycle). The purpose of this media statement is to urgently address funnel financing schemes with probable tax legislation to follow during the second half of the year.
Funnel financing comes in a variety of forms. In the schemes thus far uncovered, certain common characteristics emerge. First and foremost, these schemes involve a circular flow of funds from a lending bank (or other financier) through a borrowing group of companies, followed by the re-routing of these funds back to the lender. This cycling of funds through the group is facilitated by a tax-deferred intra-group sale of an operating business via section 45. In terms of tax objectives, the circular flow of funds is designed to create tax deductions on the one end with a tax-exempt (or tax indifferent) party shielding income on the other.
In one set of schemes, the objective is to generate tax deductions for lenders without any corresponding economic outlay. This result is achieved by having the lender funnel funds through the borrower in the form of a loan with the borrower using the loan proceeds at the lender's behest. This use of loan proceeds essentially involves the return of the funds to the lender as a deposit, thereby generating deductible interest for the lender in respect of the deposit. The alleged loan is later unwound tax-free (or may even generate a further tax loss).
In a second set of schemes, funnel financing can alternatively be used to generate artificial deductions for the borrower (as opposed to the lender). This result is achieved by having the lender funnel funds through the borrower in the form of a loan with the borrower again using the loan proceeds at the lender's behest. At the end of the day, one part of the group receives annual tax-exempt income while the other part pays annual deductible interest. The lender enters into various schemes in order to avoid tax on the annual interest received.
Even the most aggressive tax planners seemingly recognise that these artifices cannot be legitimised under current law if created in isolation. However, a minority of tax planners take the position that these funnel financing schemes can be maintained if placed behind an otherwise commercial faÃ§ade. It is understood that broad-based economic empowerment has become the latest fashion in this faÃ§ade. However, it is understood that broad-based economic empowerment transactions are by no means alone in this regard nor are these transactions always used in this illegitimate way.
In the deals of concern, a pre-existing group creates a newly formed company with broad-based economic empowerment partners. The pre-existing group controls 70 per cent of the newly formed company with the broad-based empowerment partners owning the remaining 30 per cent. The pre-existing group then transfers all the assets of an operating business to the newly formed company in exchange for debt, leaving the newly formed company with little net value. The broad-based empowerment partners are economically left only with future appreciation rights. Little external funding is accordingly required, but large amounts of external funding is still used so that the lender has a pretext for the funnel masquerade outlined above.
The amount funnelled is often equal to the value of the total business assets transferred to the newly formed company. Section 45 plays a key role in allowing for a tax-free transfer. This tax-free transfer in value from one group company to another creates the pretext for the debt proceeds to be cycled through the borrowing group.
At the outside, the funnel financing masquerade is highly questionable under current law notwithstanding any practitioner opinions to the contrary. First and foremost, the funnel financing masquerade is a direct violation of the General Anti-Avoidance Rule on multiple levels (see Part IIA (i.e. sections 80A through 80L) of the Income Tax Act). In the very least, the transactions at issue fall squarely within the round-tripping paradigm. The fact that the funnel is attached to an otherwise commercial transaction fails to alter the overall analysis, even if that otherwise commercial transaction relates to broad-based empowerment. Offending steps or parts of a connected series of transactions cannot be saved merely because they are part of a legitimate whole (see section 80C(2) of the Income Tax Act). Arguments that the cycling of funds can somehow be formally separated in the analysis (via the section 45 transfer or otherwise) lack any bearing to reality. It should also be noted that judicial doctrines would suggest that funnel financing is likely to be disregarded as a simulation.
The questionable nature of the funnel financing masquerade additionally raises some troubling questions about the larger role of certain aggressive tax advisors in terms of a sustainable tax system. Technical arguments must bear some resemblance to underlying facts and must reflect some degree of rationality. Consideration must be given toward holding aggressive tax advisors to account when their opinions are based almost exclusively on wishful thinking in the pursuit of lucrative fees.
The superficial nature of the funnel financing structure has a border-line evasive element. Legal opinions in this context effectively provide an "air" of legitimacy to a series of artificial steps cloaked behind broad-based empowerment or other commercially legitimate transactions. This cloak is often protected by multiple layers, all of which are designed to complicate and disguise the audit trail. In effect, the parties are playing a game of audit lottery backed by a purchased legal opinion. The fact that the parties at issue are joined by other parties in the market-place undertaking the same scheme is simply a gambit to find safety in numbers.
In order to counter this factual cloak, consideration will be given toward invoking a higher level of reporting for transactions of this kind. One option would be to invoke the reportable arrangements regime (Part IIB (section 80M through 80T) of the Income Tax Act. Another option would be to rely on the Commissioner's newly created reporting powers under section 41 to root out artifices attendant with reorganisations. Further consideration may have to be given toward tightening the section 45 regime by requiring Commissioner pre-approval under specified circumstances so that taxpayers will bear the burden of revealing the full array of facts before obtaining the benefits of section 45 tax deferral.
Given the above, it can be questioned whether further legislation is necessary, but experience suggests that certain practices cannot easily be deterred in the market-place other than by targeted anti-avoidance rules. Aggressive taxpayers seemingly take pause only if faced with a direct objective prohibition. Therefore, legislation of this kind needs to be considered, especially given the variety of forms in which these funnel financing schemes arise.
Section 45 rollover relief could be denied if section 45 proceeds must be applied to a tax-free investment at an outside lender's behest.
All targeted anti-avoidance legislation will be effective as from the date of this media statement. Therefore, any denial of interest deductions would be effective from this date forward even if the underlying loans were initiated at a prior date. Little sympathy exists for a delayed effective date on these matters given the highly questionable nature of the funnel financing masquerade under current law.
In order to obtain prompt resolution of these matters in preparation of the upcoming Revenue Laws Amendment Bills, 2008, National Treasury and the South African Revenue Service invite public comment on how to address the funnel financing masquerade. The weight given to these comments will strongly depend on the detailed level of commercial facts concerning the transactions involved. Legal and economic arguments based on vague factual assertions will be given little weight. Comments should be sent to Jeanne Viljoen by email at jeanne.viljoen@treasury.gov.za or by fax to 012 315 5516. Please ensure that these comments are transmitted by 30 April 2008.
<fn>GOV-ZA.2008032801En.2012-02-10.en.txt</fn>
The government of the Republic of South Africa and the government of Australia will be signing a Protocol amending the Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion, with respect to taxes on income, on 31 March 2008.
The protocol will be signed between the South African Ministry of Finance and the Australian High Commission to South Africa in Pretoria.
To confirm your attendance, please contact Kershia Singh on (012) 315 5819, or e-mail kershia.singh@treasury.gov.za before 12.00pm on Monday, 31 March 2008.
<fn>GOV-ZA.2008040101En.2012-02-10.en.txt</fn>
The robustness of the South African economy and the efficacy of our fiscal institutions have once again been confirmed by the revenue collection efforts of the South African Revenue Service (SARS) in the fiscal year 2007/08 which ended at midnight last night.
In February 2008 I set a revised, increased revenue target of R571.06 billion notwithstanding the challenges of the global economic developments.
It gives me a great pleasure to announce that SARS collected preliminary R571.8 billion during the fiscal year 2007/8. This was the number recorded at 02h40 am this morning!
The preliminary result is R0.8 billion above the revised Feb 2008 Budget estimate and R15.2 billion above the Feb 2007 printed estimate of R556.6 billion. Taking into account additional departmental revenue of R1.4 billion and deducting transfers to our SACU partners, the preliminary main budget revenue estimate is R560.1 billion. Our preliminary estimate of national expenditure is R541.6 billion, bringing the main budget surplus to R18.5 billion or 0.9% of GDP which is 0.1% higher than the February 2008 estimate.
Once again, the resilience of the South African economy and the ability of SARS to mobilize efforts way beyond the call of duty have been demonstrated more than adequately. The results confirm the continuing expansion of our economy, and the growing strength of the partnership between SARS and taxpayers.
â Domestic GDP grew at 5.0%.
â Robust growth in fixed investment spending boosted import of capital goods.
â Employment continued to throughout 2007. Average wage settlements were 7.3% in 2007, compared to 6.5% in 2006. â Higher inflation and interest rates. â A slowdown in household consumption.
Given the economic circumstances in 2007 the target of R571.06 billion was a formidable one. It required that SARS staff had to develop and implement extraordinary measures to identify the monies rightfully owing to the fiscus and actually collect these amounts.
â During March 2008 about 300 000 telephone calls were made to taxpayers resulting in a commitment to pay an additional R5 billion in revenue. Most taxpayers appreciated the courtesy and reminder from SARS. A small minority continued to seek ways to avoid meeting their obligations.
â Debt recovery: An additional R4.36 billion was collected during March through special initiatives to recover long outstanding debt. â A system was introduced to avoid payment delays by prescreening defective (RD) cheques to ensure that these are banked in time. â A larger number of companies of all sizes were contacted to ensure that they pay their fair share of tax.
I am very appreciative of the tremendous cooperation by many businesses - larger corporations and smaller enterprises - and individuals. This bodes extremely well for the creation of the right kind of compliance culture for a young democracy like ours. This is indispensable to sustaining our successes and building our nation. We appreciate every taxpayer whose contribution to the fiscus is up to date!
The following are the key trends and drivers for the revenue outcome of R571.8 billon: â The growth in employee compensation from 10.6% in 2006 to 11.7% in 2007 and the increase in the number of jobs resulted in the strong growth of Personal Income Tax.
â The revised estimate of Value Added Tax was exceeded despite the slowdown in final household expenditure from 8.2% in 2006 to 7% in 2007 impacting negatively on domestic VAT. The overrun in VAT receipts results from the high growth in imports of 20.9% in 2007.
â Gross operating surplus grew from 15% in 2006 to 18.1% in 2007 resulting in sustained growth in Corporate Income Tax. The growth in corporate income is spread across all sectors.
The R169.1 billion in revenue for PIT exceeded the printed estimate of R156 billion by R13 billion and was marginally less than the revised target of R169.3 billion.
The growth in PIT was largely due to the growth in the tax register complemented by growth in remuneration by 11.7% and employment growth of 2.4% at end September 2007.
The Revised VAT Target of R147 billion was exceeded by R2.
Despite the moderation in the growth rate of final consumption expenditure, VAT has benefited from inflation in the short term. Our preliminary figures indicate that there has been a shift in the composition of the VAT receipts. In the year under review, import VAT, including tax on equipment and producer goods contributed R1.1bn more to total VAT collection whereas domestic VAT contributed R2.7bn less than estimated.
The revised corporate income tax target of R142.6 billion was exceeded by R448 million.
This target increased from the printed estimate of R139.1 billion to R142.6 billion in the 2008 budget. Trends in company income tax revenue over the past five years has been volatile and therefore present a particular challenge for revenue forecasting.
Higher CIT collections were primarily due to annual growth in total gross operating surplus of 18.1%. All sectors posted positive tax growth. Manufacturing contributed the most to the year-onyear growth of 20% in CIT followed by Mining, Financial Services, Insurance and Banks.
<fn>GOV-ZA.2008040201En.2012-02-10.en.txt</fn>
The Ministry of Finance is pleased to announce the appointment of Advocate Dube Tshidi as Executive Officer of the Financial Services Board (FSB). Advocate Tshidi, presently serving as Deputy Executive Officer: Investment Institutions at the FSB, will be succeeding the current Executive Officer, Mr Rob JG Barrow once his term expires on 30 June 2008.
Adv Tshidi holds a Higher Diploma in Labour Law, as well as B. Juris, LLB and LLM degrees. He joined the FSB in 1994 as a junior analyst in the Retirement Funds division and has extensive exposure in working across various areas within the organisation. He served as Deputy Executive Officer in charge of Pensions for three years prior to his current post as Deputy Executive Officer in Investment Institutions, responsible for the capital markets, collective investment schemes and market abuse areas.
Adv Tshidi brings with him a wide knowledge of the work of the FSB as well as a sound appreciation of the challenges of the organisation going forward. He is held in high regard among industry players and other stakeholders. The Ministry of Finance looks forward to the leadership and energy he is expected to bring to his new post at the FSB.
<fn>GOV-ZA.2008040701En.2012-02-10.en.txt</fn>
National Treasury is releasing for public comment a discussion paper that proposes a new regulatory environment for entities offering insurance products to low-income earners, entitled: "The Future of Micro-insurance Regulation in South Africa".
Micro-insurance as defined in the discussion paper is intended to catalyse the market provision of risk management tools for poor households. However, given the inherent complexity of insurance and the vulnerability of the target market, there are also risks of potential abuse and mis-selling. A balance therefore needs to be struck between market development and consumer protection.
Accordingly, the goal of the paper is to develop a coherent and clear regulatory framework that will encourage and facilitate the provision and distribution of good value, low-cost products that are appropriate to the needs of low-income consumers by a variety of market players, who must treat their policyholders fairly and manage the risks of providing insurance. This is in line with the government's objective to increase access to financial services for the poor and providing a supportive regulatory environment for the implementation of the Financial Sector Charter.
An underlying principle of the paper is that regulation should be tailored to underlying risk. Thus insurers that only offer micro-insurance products as defined will operate under a reduced regulatory environment. This is justified as the risks inherent in this business are limited by the product limitations.
The new micro-insurance framework should allow for broad participation in this market and the graduation of entities from small, underwritten entities to larger more sophisticated options.
A dedicated micro-insurance license.
Special prudential regime commensurate to the risks applicable to micro-insurance policies.
All micro-insurers will fall under the supervision of the Financial Services Board (FSB). In addition to insurers currently registered under the Long-term or Short-term Acts, Friendly societies and Co-operatives registered under their respective acts will be allowed to obtain a micro-insurance license if they comply with the requirements.
The micro-insurance license will not be the only channel for the provision of market-driven risk mitigation instruments for low income households. This paper also considers the other options that need to be included in an overall regulatory framework for micro-insurance, for example underwriting or the cell captive mechanism.
A consumer awareness strategy will complement the legislative and regulatory reform process.
The micro-insurance regime presented is aligned to the proposed social security reforms and National Treasury will continue to ensure that the two processes are consistent and harmonised.
The deadline for comments is 31 July 2008. Comments are to be submitted to Ms. Katherine Gibson by email: Katherine. Gibson@treasury.gov.za or fax: +27 (0)12 3155206.
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Thank you for the invitation to address this forum.
Africa, with a GDP of just over $2 trillion1 in 2006, is the poorest region in the world. This view is quite different to that held of the continent at the beginning of the 19th century. It was during this time that Africa's income amounted to roughly one-third of that of Europe and recorded growth that was more rapid than in Asia. However, in the last twenty years of the previous century, GDP per capita on the African continent remained remarkably flat while most other emerging regions enjoyed substantial increases in prosperity and welfare.
I want to give you a mixed message today. A major part of it is one of hope - looking at the economic data in recent years we can say that Africa is in the process of catching up to the rest of the world. Another major part of my message is one of concern - Africa remains vulnerable to economic, political, and environmental shocks like no other region of the world. And the final part of my message is of perspective - that addressing our vulnerabilities means that we must become constructive players in our long-term socio-economic trajectory.
Economic growth on the continent has been sustained and is more rapid than in decades. Since the turn of the century, growth has averaged 4.8 per cent, reaching 5.2 per cent in 2007, and is the only region in the world expected to grow more rapidly in 2008. Macroeconomic policy reforms and outcomes in terms of stability underlie the improving performance. Lower and more stable inflation, manageable debt levels, sound fiscal policies and improved public financial management provide a firm foundation for this accelerating economic growth.
The average inflation rate for Sub-Saharan Africa from 1995 to 2005 was 18 percent.2 By 2005 this had fallen to 11 percent and to 8 percent in 2007.
1 Gross domestic product based on purchasing-power-parity (PPP) valuation. This compared to the World GDP ($65 average budget balance in the region was in surplus in 2006 and was +1.
Strong commodity prices, in particular oil, have supported growth in recent years. Africa's exports are expected to reach close to US$400 billion this year, with imports at about US$290 billion. Looking at China's role in African trade, we find that trade between the two increased to about US$55 billion in 2006 from only about US$10 billion in 2000.
Alongside stronger capital inflows, Africa's overall balance of payments is improving and foreign exchange reserves rising, contributing to greater macroeconomic stability over time.
While this trend is encouraging, it does not yet provide a sustainable platform for the reduction of poverty and inequality. Africa needs two to three decades of rapid growth to make a substantial dent in the level of poverty.
Over the longer term, economic development will induce a much greater dispersion of investment into commodity and non-commodity producers alike, but to achieve that outcome we need to address the fundamental vulnerabilities of African states, their economies and communities.
Nancy Birdsall reminds us that in East Asia and the Pacific the proportion of the population living on or below $1 per day was 57% in 1981, falling to 9% by 2004. In Africa, that proportion has remained static - 42.4% in 1981 and 41% in 2004. South Asia fell from 49.6% to 31%. In 2004, 8.6% of the population in Latin America and the Caribbean subsisted on $1 a day. Half of the continent's population is today regarded as poor, while in regions such as Asia, the number of people living in poverty has halved in the past three decades.
If we look at the Millennium Development Goals, we find similarly alarming outcomes. On nearly any measure of human development, the outcomes are unsustainable. Vulnerability breeds conflict and severely handicaps economic growth. Vulnerability means that many African societies will find it nearly impossible to create the economic policies, institutions and international economic relationships needed to start the cycle of development needed to escape current conditions.
Africa is also highly vulnerable to economic shocks, be they a sudden drop in the price of an important export commodity, drought, or exchange rate devaluation. The frequency and severity of shocks has been growing. For example, a Commission for Africa background paper pointed out that 44 African countries have suffered natural disasters in the last 10 years.
In addition, 28 African countries are judged to be potentially vulnerable to aid shocks, due to their high aid dependency ratios, and 24 countries are very vulnerable to export shocks, because they depend on only one product for more than 50 percent of their export revenues. And at least 13 African countries have suffered foreign private capital crises over the past 10 years.
For many African countries, financial pressures limit the range of public services available to help people to overcome the costs of supplying their labour to regional labour markets. Transportation costs can be exceedingly high, in part because of under-developed private markets - few operators - and because of public inefficiency (and corruption).
Some of the handicaps affecting African economies are a legacy of colonialism - railways and roads leading from the interior to the coasts but not between contiguous countries - and bad or weakly technocratic governance. "Today Africa's transport costs - local, national, or international - are around twice as high as those for a typical Asian country. Shipping a car from Japan to Abidjan costs US$1,500, whereas moving it from Abidjan to Addis Ababa costs US$5,000."
Part of the vulnerability equation is access to resources, and as all of you know, access alone has been sufficient to generate civil conflict in many regions. And civil (and inter-state) conflict may well escalate. Resource identification and the infrastructure needed to access them are largely colonial legacies. The lack of investment in infrastructure alone in the intervening decades suggest the probability of increasing conflict over the control of what still remains.
The AU summit in Accra in 2007 debated how to drive change. Two polar positions emerged. Some argued for a swifter move to establish a united states of Africa, with constitution, constitutional institutions, and public power to match. The alternative view was to move more concertedly to strengthen Africa's regional economic communities, as envisaged in the Abuja Declaration. This latter position appears to have garnered greater support by African heads of state.
5 Commission for Africa Report, page 233. 6 Commission for Africa Report, page 27.
continent, and are bound by the agreements struck in Berlin in 1885. These do not provide a sufficient basis for economic development today. Populations and market size are vastly different as is the role of the sovereign state in the economy. We must, as a matter of exigency, enlarge both the market size and market structure. In the short term, at least, we must raise the level of intra-African trade from its abysmally low 10.4%. There has to be new investment in infrastructure that will unlock the potential, for agriculture and trade across Africa. We must commit to changing the infrastructure design, which was originally designed to transfer primary commodities to Europe rather than fostering regional trade.
So it seems in the medium term at least, Africa's vulnerabilities and economic challenges will be addressed through the more decentralised, regional approach. But defining this approach also needs work. Africa's regional economic communities suffer from overlapping memberships (COMESA, SADC, SACU) and a multiplicity of regional institutions. Graphically, the picture presented by all of these institutions, is scary. (See Annexure entitled "The Spaghetti Bowl") In substance, the complexities increase exponentially when the detail of a myriad of bilateral arrangements with outside agencies, such as the current situation arising from the European Union economic partnership agreements (EPA's) are taken into account. Sadly, it appears that too often the question of boundaries and relations are driven by donors rather than by the exigencies of Africa's development. Greater rationality is needed, between the communities and how they are geographically applied. Common tariffs are difficult to apply when countries seek to join overlapping communities both claiming to have their own tariff structure.
Discussion of monetary arrangements is weakened by similar sorts of discontinuities. In the long-run common monetary areas make sense, perhaps even going as far as a single currency for Africa, but in the medium-term, there needs to be some sort of shared understanding of the mandates of regional communities that can be applied to all of them.
Part of the difficulty of all this is that in presenting regional communities to the outside world, the leap of faith required to envisage coherent monetary arrangements is too far for the time being, and this tends to undermine the broader logic of economic integration. In short, basic rules for the development of regional communities need to be set out to instil greater confidence and prevent unnecessary competition between communities.
The East Africa region perhaps shows us most clearly how weak regional economic relationships undermine political stability. The East African Community (EAC) comprises Tanzania, Kenya and Uganda and is sufficiently highly integrated for the issue of a common currency to have been raised. A complicating factor is, of course, that Tanzania is a member of SADC and that Kenya and Uganda are members of COMESA. If we assume that those arrangements can be easily overcome, we must then move to a discussion of the arrangements for all of geographic East Africa. Where exactly should the countries in the Great Lakes region, especially Rwanda and Burundi be accommodated Is what excludes them from the EAC some of the events arising from the turmoil which gave rise to the toppling of Mobuto Seso Seko and the creation of the Democratic Republic of the Congo How should the issues of economic development and conflict resolution be prioritised We should also pause to consider the extension of the EAC in a northerly direction - what really should happen to the IGAD countries in the horn of Africa Should we propose an advance that could include Ethiopia, Eritrea, Djibouti, Somalia and even the Sudan Or would such a proposal be considered heresy I accept that the East African conundrum might be the most difficult of regional proposals - but we must raise it, to change the ratios of what is possible. Moreover, as Africans we must be able to announce that the regional boundaries arise from considerations that we have given in the interests of both peace and economic development?
Multiple arrangements in Southern Africa are at least as complex.
Regionally strong economies need to provide the basis for economic agreements and institutions covering trade, investment, tax treatment, the environment, and public infrastructure, among others, that facilitates the broadening and deepening of economic activity across borders. South Africa in my own region must play the role of economic partner with its neighbours, eschewing short-term protection in favour of long-term growth and job creation. Efforts to deliberately develop Southern Africa as a real common market should be our main regional priority.
Creating platforms for states to jointly invest in modern cross-border public infrastructure, from telecommunications to rail links to roads, should be a critical goal of these communities. Economic diversification remains critical to long-term economic development and growth.
Let me conclude by noting that the work required by African governments and societies and roughly sketched out in this talk is necessary but probably not sufficient. The international community - from donors to multilateral institutions and to trade representatives of advanced economies - need to reflect more faithfully the commitments made in the Monterrey Consensus only a few years ago. The Consensus focused on the idea of partnership, between developing country governments and societies and between advanced and developing countries. It distresses me to say that by far the greatest strides have been made in the developing world. My earlier review of Africa's macroeconomic performance is just some evidence of the new spirit of accountability and good governance in by far the largest proportion of African countries. I regret that so little has been achieved by our developed partners, whether it is measured by progress in the Doha Round or by development assistance commitments. Greater urgency in the actions of Africa's partners would help to support greater urgency in action by Africa's leaders.
<fn>GOV-ZA.2008041501En.2012-02-10.en.txt</fn>
The South African economy has enjoyed rapid growth over the past five years and is set to grow further, albeit at a slightly slower pace over the next three years. One of the factors that contribute toward higher growth and development on a sustainable basis is the savings level of a country. At present, the level of savings in the country stands at just under 14 per cent of GDP with households contributing very little towards that savings rate.
To encourage the public to save, the National Treasury introduced a set of savings instruments known as RSA Retail Savings Bonds in 2004. These bonds are intended to create awareness of the importance to save, as well as to target a different source of funding for government. Furthermore, they diversify the financial instruments on offer to individuals. RSA Retail Savings Bonds are secure and risk free and deliver solid and guaranteed returns. These bonds can be bought for as little as R1 000, 00 and carry no commission, agency or service fees. They offer competitive rates and allow investors to take control of their own savings portfolio instead of investing through a third party.
The two types of bonds on offer are fixed and inflation linked savings instruments. The Fixed Retail Savings Bonds earn a market related fixed interest rate with maturities of 2, 3 and 5 years while the new Inflation-Linked Retail Savings Bonds have maturities of 3, 5 or 10 years and are inflation protected. Capital amounts invested in inflation-linked retail savings bonds are inflation adjusted over the term and interested is calculated every six months on the inflation adjusted capital. The interest rate payable is called a real interest payment rate, and it is linked to Government's Inflation-Linked Bonds yield curve.
Since its introduction in 2004, more than 18 400 people have invested R2.3 billion, with an average investment of R54 000. Bonds can be purchased for amounts ranging from R1 000 to R1 million.
The following illustrates an investment of R1 000 over 2, 3 and 5 years.
o 2 years at 9.5% R1 203.97 o 3 years at 9.75% R1 330.55 o 5 years at 10.25% R1 648.39.
Furthermore, the introduction of these bonds prompted a response by the banks to raise their deposit rates, further encouraging South Africans to save. The retail landscape has also grown as an increasing number of financial institutions are now issuing retail structured instruments, which have the same features as those issued by Government.
The bonds are available to South African citizens or permanent residents, no age restriction applies. To make these bonds more accessible, we have added Pick 'n Pay to our list of distributors. RSA Retail Savings Bonds can also be purchased at the Post Office as well as from the National Treasury. For more information call 012 315 5888 or visit the website www.treasury.gov.za. To be able to invest at Pick 'n Pay stores, investors have to register first at the National Treasury offices or on the Treasury website.
<fn>GOV-ZA.2008041502En.2012-02-10.en.txt</fn>
To encourage households to start saving alongside business and government, the National Treasury developed a retail bond which offers guaranteed returns, can be bought for as little as R1, 000 and carries no commission, agency or service fees.
The Retail Bond also allows investors to take control of their own savings portfolio instead of investing through a third party. The RSA Retail Bonds offer competitive rates, with similar benefits as Government is paying in the capital markets. Individuals will now have access to those benefits in the same way as businesses and corporations.
Retail Savings Bonds stimulate personal economic empowerment by providing an alternative investment instrument that is safe and secure while delivering solid and dependable returns as well as creating healthy competition between the investment instruments in the marketplace, to the ultimate benefit of the individual investor.
The simplicity and reliability of the RSA Retail Savings Bonds should lead, over time, to deeper levels of financial and economic literacy in South Africa as a whole. As such, South Africans across the economic strata will have the opportunity to become financially empowered, a development that in turn should stimulate a savings culture and encourage economic maturity.
Total amount invested to date R2.
Gross savings as percentage of GDP 13.
National Savings Ratio 14.
Foreign capital financing gross capital formation 34.
(*highest rate of dependency since 1970 - 26.
Corporate sector savings ratio 9.
Household sector savings ratio 1.
General government savings ratio 2.9% 2007 1 Information obtained from South African Reserve Bank Quarterly Bulletin No.
<fn>GOV-ZA.2008042301En.2012-02-10.en.txt</fn>
The Primary Dealers in Government Bonds of the Republic of South Africa are required to provide constant liquidity in the secondary market by quoting, on demand, continuous and effective two-way prices at which they stand committed to deal, in R10 million lots of the Government benchmark bonds with a minimum total nominal outstanding amount of R10 billion.
The Government benchmark bond, the R209 (2036: 6, 25%) has reached the minimum requirement of R10 billion. Consequently, the Primary Dealers are obliged to make market in the R209 as required by the Rules in Respect of the Primary Dealers in Government Bonds of the Republic of South Africa.
The R209 may be quoted at nominal minimum amounts of R10 million between Primary Dealers as well as other market participants, at the maximum bid-offer spread of 15 basis points.
The Primary Dealers have exclusive dealing rights in Government Bonds with the National Treasury and the South African Reserve Bank which is the funding agent.
<fn>GOV-ZA.2008048En.2012-02-10.en.txt</fn>
3 Amends section 51 of the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 , as follows: paragraph (a) substitutes subsection (1) (a) (i); paragraph (b) inserts subsections (3A), (3B), (3C) and (3D); and paragraph (c) deletes the word 'or' at the end of subsection (5) (b) and inserts paragraph (b A).
<fn>GOV-ZA.2008050701En.2012-02-10.en.txt</fn>
E-mail: Lungisa. Fuzile@treasury.gov.
The fourth quarter year to date provincial budget statement of receipts and payments, published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 30 April 2008, is the first estimate of spending outcomes for the 2007/08 financial year which commenced on 1 April 2007 and ended on 31 March 2008. It is available on the treasury website at www.treasury.gov.za. These figures may be revised as provincial departments finalise (and reconcile) their financial statements by 31 May 2008 for submission to the provincial Auditors-General.
The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury by 22 April 2008. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
The budgeted expenditure figures take account of revisions effected in the 2007 Adjusted Estimates of National Expenditure. A total adjustment of R2.8 billion was allocated to provinces consisting of a R1.6 billion adjustment to the provincial equitable share and a R1.2 billion adjustment to conditional grant expenditure.
The approved additional adjustments to provinces were gazetted on 20 December 2007 and these additional transfers were taken up in the provincial adjusted budgets in terms of Section 31(2) of the PFMA and Section 22(2) of the Division of Revenue Act, 2007.
a. In compliance with Section 26 of the 2007 Division of Revenue Act (Act No. 1 of 2007), the national Department of Housing stopped the transfer of funds following slow spending on the part of the Eastern Cape (R500 million) and the Free State (R100 million).
b. In compliance with Section 27 of the 2007 Division of Revenue Act (Act No. 1 of 2007), the national Department of Housing re-allocated funds between provinces in Gauteng (R350 million) and Northern Cape (R100 million).
In addition to the national adjustments, provinces increased their budgets by R2.7 billion (including second adjusted estimates by Gauteng (R950 million) and Limpopo (R163.9 million)). The provincial adjustments consist mainly of unspent conditional grants not surrendered to the National Revenue Fund and other funds surrendered to the provincial exchequer during the 2006/07 financial year.
In light of the above, provinces, in aggregate, increased their main budgets (expenditure side) by R5.5 billion with the bulk to health (R1.7 billion) and education (R1.2 billion).
In aggregate, provinces have spent R213.5 billion or 98.9 per cent of their adjusted budgets of R215.9 billion in 2007/08 (preliminary outcome). This represents a spending increase year-on-year of 14.9 per cent or R27.7 billion over the audited R185.8 billion spent in 2006/07.
96.5 per cent in Mpumalanga and 97.
100.5 per cent in KwaZulu-Natal and 99.2 per cent in Western Cape.
The preliminary under expenditure outcome of R2.6 billion or 1.2 per cent of provincial adjusted budgets in eight provinces for the 2007/08 financial year is largely due to under expenditure in seven provincial education departments, all social welfare services' departments, capital and conditional grants. KwaZulu-Natal is the only province to overspend its adjusted budgets by R226.4 million.
Eastern Cape 30 608 786 30 269 445 98.9% 14.
Free State 13 427 509 13 269 666 98.8% 6.
Gauteng 42 143 686 41 611 990 98.7% 19.
KwaZulu-Natal 44 537 996 44 764 412 100.5% 21.
Limpopo 25 125 210 24 677 410 98.2% 11.
Mpumalanga 16 846 448 16 264 748 96.5% 7.
Northern Cape 5 998 700 5 928 716 98.8% 2.
North West 15 558 452 15 234 414 97.9% 7.
Western Cape 21 682 437 21 501 591 99.2% 10.
Total 215 929 224 213 522 393 98.9% 100.0% 185 812 083 10.
Education expenditure totalled R88.7 billion or 98.6 per cent of the R90 billion combined education adjusted budgets and remains the largest item on provincial adjusted budgets (41.7 per cent). The spending pattern reflects a 12.3 per cent or R9.7 billion increase compared with the audited spending in the 2006/07 financial year.
Health expenditure totalled R62.4 billion or 102.3 per cent of the R61 billion combined health adjusted budgets and is the second largest item (after education) on provincial adjusted budgets (28.2 per cent). The spending pattern reflects a 16.3 per cent or R8.8 billion increase compared with the audited spending in the 2006/07 financial year.
Social welfare services (social development) preliminary outcome for the 2007/08 financial year is recorded at R6.2 billion or 97.3 per cent of the R6.4 billion social welfare services adjusted budgets.
Total personnel expenditure, in aggregate, is at R120.1 billion or 100.9 per cent of the R119 billion personnel adjusted budgets.
In aggregate, provinces spent R16.9 billion or 88.5 per cent of their R19.1 billion combined capital adjusted budgets. This is an improvement of 8.2 per cent over the previous financial year, exceeding the audited R15.6 billion spent in 2006/07 by R1.3 billion.
Provincial education departments spent R3.3 billion or 83.3 per cent of their R3.9 billion education capital adjusted budgets.
Provincial health departments show improvement on capital spending when compared to the previous financial year. They have spent R5 billion or 84.3 per cent against their R6 billion health capital adjusted budgets, which is 7.2 per cent or R338.9 million more than the audited spending over the previous financial year.
The greatest share of provincial capital is on the budgets of public works, roads and transport departments at 38 per cent. The sector spent R7.1 billion or 97.8 per cent against its combined capital adjusted budget of R7.3 billion. This represents a massive increase of 23.7 per cent or R1.4 billion compared to the audited outcome of last year.
Provincial own revenue collected is 13.6 per cent or R1.1 billion more than the adjusted forecast of R8.2 billion. National government has transferred R172.9 billion of the equitable share and R32.1 billion in conditional grants to provinces, for the 2007/08 financial year.
A more detail analysis of the provincial preliminary outcome is set out in Annexure A.
The budgeted figures take account of revisions effected in the adjusted estimates of provinces, which were tabled in their provincial legislatures during November 2007 and also cater for amendments made to the adjusted estimates in the case of the Limpopo and Gauteng provinces (approved by their legislatures on 11 March and 29 March 2008 respectively).
Table 1 indicates that provinces have spent R213.5 billion or 98.9 per cent of adjusted budgeted expenditure for the 2007/08 financial year. The preliminary outcome is at a similar level in percentage terms compared to the audited outcome for the 2006/07 financial year (98.8 per cent).
However, in nominal terms, spending is 14.9 per cent or R27.7 billion higher than last year when provinces had spent R185.8 billion (audited outcome). Between provinces, spending ranges from the lowest share of 96.
97.9 per cent in North West to the highest at 100.
99.2 per cent in Western Cape.
Eastern Cape 24 544 901 3 687 003 2 376 882 30 608 786 24 787 178 3 252 297 2 229 971 30 269 445 98.
Free State 10 536 699 1 490 598 1 400 212 13 427 509 10 536 045 1 431 035 1 302 586 13 269 666 98.
Gauteng 27 575 998 11 428 360 3 139 328 42 143 686 27 456 340 11 441 195 2 714 454 41 611 989 98.
KwaZulu-Natal 34 235 421 5 378 832 4 923 743 44 537 996 35 114 946 5 392 068 4 257 398 44 764 412 100.
Limpopo 20 134 684 3 485 954 1 504 572 25 125 210 19 858 961 3 421 839 1 396 610 24 677 410 98.
Mpumalanga 13 219 711 1 866 907 1 759 830 16 846 448 13 103 488 1 805 803 1 355 457 16 264 748 96.
Northern Cape 4 504 575 743 270 750 855 5 998 700 4 589 596 709 602 629 518 5 928 716 98.
North West 11 770 458 2 402 657 1 385 337 15 558 452 11 743 087 2 220 160 1 271 167 15 234 414 97.
Western Cape 16 271 594 3 585 620 1 825 223 21 682 437 16 307 137 3 484 707 1 709 747 21 501 591 99.
Total 162 794 041 34 069 201 19 065 982 215 929 224 163 496 778 33 158 707 16 866 907 213 522 392 98.
Provinces have budgeted R157.3 billion for social services, which include spending on education, health and social development.
Education 89 951 768 88 654 343 98.6% 41.
Health 60 996 987 62 409 172 102.3% 29.
Social Development 6 388 113 6 218 433 97.3% 2.
Total 157 336 868 157 281 948 100.0% 73.7% 137 749 980 5.
Preliminary outcome on social services is recorded at R157.3 billion or 100 per cent of total provincial social services adjusted budget. This is 14.2 per cent or R19.5 billion more than the audited spending in 2006/07.
Social services adjusted budgets comprise 72.9 per cent of total provincial adjusted budgets in 2007/08. The original social services budget, in aggregate, has been increased by R2.8 billion during the provincial adjusted estimates process.
Education preliminary outcome is at R88.7 billion or 98.6 per cent of the total provincial education adjusted budget of almost R90 billion, an increase of 12.3 per cent or R9.7 billion compared to the R78.9 billion spent in 2006/07. The original education budget, in aggregate, has been increased by R1.2 billion during the provincial adjusted estimates process.
Eastern Cape 14 497 592 14 455 416 99.7% 47.
Free State 5 718 029 5 796 934 101.4% 43.
Gauteng 14 645 637 13 825 796 94.4% 33.
KwaZulu-Natal 18 836 900 18 724 402 99.4% 41.
Limpopo 11 929 675 11 814 169 99.0% 47.
Mpumalanga 8 118 307 7 814 202 96.3% 48.
Northern Cape 2 286 860 2 284 173 99.9% 38.
North West 6 096 036 6 205 448 101.8% 40.
Western Cape 7 822 732 7 733 803 98.9% 36.
Total 89 951 768 88 654 343 98.6% 41.5% 78 948 144 8.
94.4 per cent and Mpumalanga at 96.3 per cent to the highest in North West and Free State at 101.8 per cent and 101.4 per cent respectively.
Eastern Cape 11 884 432 11 727 033 98.7% 63.
Free State 4 436 517 4 519 165 101.9% 56.
Gauteng 10 769 050 10 525 502 97.7% 55.
KwaZulu-Natal 15 031 608 14 986 556 99.7% 57.
Limpopo 9 656 615 9 649 419 99.9% 59.
Mpumalanga 5 951 757 5 994 129 100.7% 63.
Northern Cape 1 705 503 1 796 032 105.3% 56.
North West 4 758 723 4 941 768 103.8% 58.
Western Cape 5 919 781 5 903 751 99.7% 52.
Total 70 113 986 70 043 355 99.9% 58.3% 62 597 422 9. The preliminary outcome for education personnel is at R70 billion or 99.9 per cent of the education personnel adjusted budgets of R70.1 billion.
Page 2 of 11 provinces ranges from the lowest in Gauteng and Eastern Cape at 97.
98.7 per cent to the highest in Northern Cape and North West at 105.
103.8 per cent respectively.
The preliminary outcome on goods and services (mostly learner support material) in education, is recorded at R9 billion or 92.1 per cent of the R9.8 billion adjusted budget.
The preliminary outcome for education capital is at R3.3 billion or 83.3 per cent of the R3.9 billion education capital adjusted budget. Capital spending for education between provinces ranges from the lowest in Mpumalanga at 60.
71.4 per cent to the highest in Northern Cape at 120.7 per cent and Limpopo at 104 per cent.
Eastern Cape 590 423 429 336 72.7% 19.
Free State 252 609 233 898 92.6% 18.
Gauteng 760 520 542 765 71.4% 20.
KwaZulu-Natal 1 034 377 996 879 96.4% 23.
Limpopo 403 962 420 208 104.0% 30.
Mpumalanga 429 201 261 514 60.9% 19.
Northern Cape 44 638 53 863 120.7% 8.
North West 199 333 163 236 81.9% 12.
Western Cape 194 372 153 143 78.8% 9.
Total 3 909 435 3 254 842 83.3% 19.
Health expenditure is at R62.4 billion or 102.3 per cent against the total provincial health adjusted budget of R61 billion, representing an increase of 16.3 per cent or R8.8 billion compared to the spending of the previous financial year. The original health budget, in aggregate, has been increased by R1.7 billion during the provincial adjusted estimates process.
Eastern Cape 8 068 697 8 017 385 99.4% 26.
Free State 3 744 400 3 835 752 102.4% 28.
Gauteng 12 445 630 12 964 823 104.2% 31.
KwaZulu-Natal 13 925 428 14 902 563 107.0% 33.
Limpopo 6 171 270 6 132 856 99.4% 24.
Mpumalanga 3 717 636 3 666 857 98.6% 22.
Northern Cape 1 579 993 1 557 294 98.6% 26.
North West 3 916 628 3 848 808 98.3% 25.
Western Cape 7 427 305 7 482 834 100.7% 34.
Total 60 996 987 62 409 172 102.3% 29.2% 53 648 586 13.
North West and both Northern Cape and Mpumalanga have spent the lowest share of their health adjusted budgets at 98.3 per cent and 98.6 per cent respectively.
Health personnel expenditure is at R35.1 billion or 105 per cent of the health personnel adjusted budget of R33.4 billion, an increase of 22 per cent or R6.3 billion more compared to the R28.7 billion spent in 2006/07.
This could be attributed to the 'Occupation-specific dispensations' (OSD) agreement that has been concluded for nurses. This agreement covers two phases: Phase One provides for a general increase for nursing staff and Phase Two provides for the identification and increased remuneration of nurses in specialist positions.
Eastern Cape 4 171 711 4 561 550 109.3% 24.
Free State 2 251 816 2 351 757 104.4% 29.
Gauteng 6 213 280 6 515 836 104.9% 34.
KwaZulu-Natal 7 913 564 8 648 859 109.3% 33.
Limpopo 3 974 735 4 045 560 101.8% 25.
Mpumalanga 2 031 153 2 044 791 100.7% 21.
Northern Cape 794 513 786 939 99.0% 24.
North West 1 996 435 1 981 846 99.3% 23.
Western Cape 4 055 297 4 135 685 102.0% 36.
Total 33 402 504 35 072 823 105.0% 29.2% 28 740 251 16. Spending on non-personnel non-capital items (NPNC) in health, which includes medicines, drugs and other current expenditure is recorded at R22.
103.1 per cent of the R21.6 billion adjusted budget, an increase of 10.3 per cent or R2.1 billion compared to the R20.2 billion spent in 2006/07.
Eastern Cape 838 528 824 836 98.4% 37.
Free State 292 470 302 722 103.5% 23.
Gauteng 1 196 713 1 011 011 84.5% 37.
KwaZulu-Natal 1 388 863 1 012 039 72.9% 23.
Limpopo 522 163 515 987 98.8% 36.
Mpumalanga 389 248 223 674 57.5% 16.
Northern Cape 310 428 185 729 59.8% 29.
North West 511 953 474 250 92.6% 37.
Western Cape 512 843 474 047 92.4% 27.
Total 5 963 209 5 024 295 84.3% 29.8% 4 685 431 17. Capital expenditure in the health sector at R5 billion or 84.3 per cent of the almost R6 billion health capital adjusted budget, is lower than the overall capital expenditure share of 88.5 per cent. However, this is higher by 7.2 per cent or R338.9 million more than the R4.7 billion spent for the same period last year. Between provinces, the lowest rate of spending is in Mpumalanga at 57.5 per cent and Northern Cape at 59.
Page 4 of 11 with Free State and Limpopo recording the highest rate of spending at 103.5 per cent and 98.8 per cent respectively.
Provinces have spent R6.2 billion or 97.3 per cent of the total provincial social development adjusted budget of R6.4 billion.
20.7 per cent or R1.1 billion above the R5.2 billion spent last year.
Eastern Cape 882 794 880 958 99.8% 2.
Free State 453 092 425 953 94.0% 3.
Gauteng 1 369 957 1 358 862 99.2% 3.
KwaZulu-Natal 1 065 223 1 036 460 97.3% 2.
Limpopo 417 077 416 119 99.8% 1.
Mpumalanga 497 517 459 292 92.3% 2.
Northern Cape 310 214 304 137 98.0% 5.
North West 490 675 435 222 88.7% 2.
Western Cape 901 564 901 430 100.0% 4.
Total 6 388 113 6 218 433 97.3% 2.9% 5 153 250 19. Between provinces, there are varying degrees of spending with the lowest being in North West at 88.7 per cent and Mpumalanga at 92.3 per cent while the highest being Western Cape at 100 per cent and both Eastern Cape and Limpopo at 99.8 per cent.
Housing and local government adjusted budgets at R12.6 billion comprise 5.8 per cent of total provincial adjusted budgets.
The preliminary outcome for the housing and local government sector is recorded at R12 billion or 95.2 per cent of the housing and local government adjusted budgets. This represents an increase of 22.3 per cent or R2.2 billion more than the R9.8 billion audited outcome in 2006/07.
Eastern Cape 1 234 055 1 059 417 85.8% 3.5% 36.
Free State 806 074 703 064 87.2% 5.3% 67.
Gauteng 3 258 374 3 286 787 100.9% 7.9% 79.
KwaZulu-Natal 2 305 155 2 266 692 98.3% 5.1% 57.
Limpopo 1 049 562 1 004 325 95.7% 4.1% 63.
Mpumalanga 1 006 023 920 474 91.5% 5.7% 70.
Northern Cape 397 500 393 507 99.0% 6.6% 58.
North West 1 113 079 1 008 983 90.6% 6.6% 77.
Western Cape 1 431 861 1 350 625 94.3% 6.3% 81.
Total 12 601 683 11 993 874 95.2% 5.6% 68.3% 9 808 369 85.8 per cent and Free State at 87.
100.9 per cent and Northern Cape at 99 per cent.
Most of the housing and local government expenditure is on the Integrated Housing and Human Settlement Development conditional grant. Table 11 indicates that provinces spent R8.2 billion or 95.6 per cent of their R8.6 billion housing conditional grant adjusted budget. These spending figures are higher by 26 per cent or R1.7 billion more than the audited outcome in 2006/07.
However, a total of R600 million of the Integrated Housing and Human Settlement Development grant has been stopped by the national Department of Housing due to a lack of spending capacity, with Eastern Cape (R500 million) and Free State (R100 million) being the affected provinces.
The national department of Housing, after the stopping of transfers, has re-allocated funds to the value of R450 million in terms of the Integrated Housing and Human Settlement Development grant towards Gauteng and Northern Cape. These provinces' allocations have been revised upwards by R350 million and R100 million respectively.
Eastern Cape 552 554 391 295 70.8% 1.
Free State 553 508 474 446 85.7% 3.
Gauteng 2 547 223 2 612 566 102.6% 6.
KwaZulu-Natal 1 310 555 1 311 040 100.0% 2.
Limpopo 651 705 633 237 97.2% 2.
Mpumalanga 676 286 652 178 96.4% 4.
Northern Cape 231 036 231 021 100.0% 3.
North West 875 178 785 516 89.8% 5.
Western Cape 1 177 770 1 105 135 93.8% 5.
Total 8 575 815 8 196 434 95.6% 3.
The preliminary outcome for personnel (compensation of employees) is at R120.1 billion or 100.9 per cent of the R119.1 billion provincial personnel adjusted budget.
The preliminary outcome is 15.2 per cent or R15.8 billion higher than the R104.3 billion spent last year mainly due to the 'Occupation-specific dispensations' (OSD) agreement that has been concluded for nurses. R1.2 billion was added to the provincial equitable share through the national adjusted estimates process to cover the shortfall of the wage agreement which is 1.5 percentage points higher than what provinces planned for when they tabled their 2007 Budgets.
Both Mpumalanga and Western Cape and Gauteng recorded the lowest rates of personnel spending at 99.9 per cent and 100.1 per cent respectively while KwaZulu-Natal and Northern Cape recorded the highest rates at 102.
101.7 per cent, respectively.
Eastern Cape 18 429 518 18 614 089 101.0% 61.
Free State 7 988 932 8 065 905 101.0% 60.
Gauteng 18 971 553 18 988 876 100.1% 45.
KwaZulu-Natal 25 405 292 25 991 877 102.3% 58.
Limpopo 16 112 810 16 152 802 100.2% 65.
Mpumalanga 9 426 662 9 417 185 99.9% 57.
Northern Cape 3 148 861 3 201 083 101.7% 54.
North West 8 286 984 8 409 193 101.5% 55.
Western Cape 11 275 919 11 264 604 99.9% 52.
Total 119 046 531 120 105 615 100.9% 56.
The preliminary outcome for the "payments for capital assets" category (capital) is at R16.9 billion or 88.5 per cent of the R19.1 billion provincial payments for capital assets adjusted budget. It is higher by 8.2 per cent or R1.3 billion more than the R15.6 billion spent in 2006/07.
Table 13 provides total capital spending information by province, which indicates low rates of spending in Mpumalanga at 77 per cent and Northern Cape at 83.8 per cent to the highest in Eastern Cape at 93.8 per cent and Western Cape at 93.7 per cent. In absolute terms, KwaZulu-Natal has spent the most at R4.3 billion followed by Gauteng and Eastern Cape at R2.7 billion and R2.2 billion respectively.
The biggest capital adjusted budgets in provinces are in public works, roads and transport departments at 38 per cent or R7.3 billion of the total provincial capital adjusted budget of R19.1 billion. Spending for these departments is at R7.
97.8 per cent which is 23.7 per cent or R1.4 billion more than the R5.7 billion spent last year.
Eastern Cape 2 376 882 2 229 971 93.8% 7.
Free State 1 400 212 1 302 586 93.0% 9.
Gauteng 3 139 328 2 714 454 86.5% 6.
KwaZulu-Natal 4 923 743 4 257 398 86.5% 9.
Limpopo 1 504 572 1 396 610 92.8% 5.
Mpumalanga 1 759 830 1 355 457 77.0% 8.
Northern Cape 750 855 629 518 83.8% 10.
North West 1 385 337 1 271 167 91.8% 8.
Western Cape 1 825 223 1 709 747 93.7% 8.
Total 19 065 982 16 866 907 88.5% 7.
Eastern Cape 824 376 869 078 105.4% 39.
Free State 735 658 628 689 85.5% 48.
Gauteng 777 737 802 952 103.2% 29.
KwaZulu-Natal 2 105 756 2 053 575 97.5% 48.
Limpopo 133 272 114 020 85.6% 8.
Mpumalanga 767 937 767 296 99.9% 56.
Northern Cape 301 480 295 111 97.9% 46.
North West 533 351 535 444 100.4% 42.
Western Cape 1 072 302 1 027 951 95.9% 60.
Total 7 251 869 7 094 116 97.8% 42.1% 5 736 882 85.5 per cent and Limpopo at 85.6 per cent, while Eastern Cape and Gauteng recorded the highest rates of spending at 105.4 per cent and 103.2 per cent respectively.
The total conditional grant adjusted allocation for all grants is R33.3 billion (including Schedule 4 grants and provincial roll-overs) with health making up the bulk at R11.9 billion.
Table 15 reflects the preliminary outcome on conditional grants for all provinces. It excludes spending on general purpose conditional grants (Schedule 4 grants) like the National Tertiary Services, Health Professions Training and Development and the Infrastructure grant to provinces, as reporting against these grants cannot be separated from the provinces' health and capital budgets.
Against the total adjusted allocation of R19.5 billion (including provincial roll-overs), this excludes Schedule 4 grants, the rate of conditional grants spending amounts to R19.2 billion or 98.7 per cent.
However, when excluding the Gautrain Rapid Rail Link grant, the preliminary outcome amounts to R15.1 billion or 92.2 per cent. The reported higher expenditure amount for the Gautrain Rapid Rail Link grant is inclusive of expenditure in respect of the Gautrain provincial allocation. The expenditure level being higher than the national conditional grant allocation implies that all the national funding has been fully spent.
Specific grants that show low rates of spending include Agricultural Disaster Management (34 per cent), Forensic Pathology Services (77.6 per cent), Land Care Programme (83.2 per cent), HIV and Aids (Life Skills Education) (83.3 per cent) and Community Library Services (83.8 per cent).
Gautrain rapid rail link grant - 300 000 16 034 316 034 300 000 107 493 34.
Total excluding Schedule 4 grants and Gautrain 31 493 722 1 031 836 800 473 33 326 031 32 134 605 15 144 565 92.
Total excluding Schedule 4 grants expenditure 31 493 722 1 031 836 800 473 33 326 031 32 134 605 19 198 073 98.
Table 16 indicates selected conditional grant spending rates as at 31 March 2008 (preliminary outcome). It further indicates that four or more provinces have spent less than 90 per cent of their grant adjusted budget at the end of the financial year for the following grants: Forensic Pathology Services and Hospital Revitalisation.
The table also indicates the number of provinces spending at slightly higher levels between 90 and 100 per cent and greater than 100 per cent of their conditional grant adjusted budgets.
Provincial revenue includes budgeted equitable share adjusted allocations of R172.9 billion, adjusted conditional grants of R32.5 billion and adjusted own revenue of R8.2 billion. The total provincial revenue received and collected for the 2007/08 financial year is recorded at R214.3 billion or 100.3 per cent of total revenue adjusted budgets of R213.5 billion.
National government transferred the entire equitable share (R172.9 billion) and R32.1 billion or 98.8 per cent in conditional grants to provinces for the 2007/08 financial year.
The preliminary outcome on provincial own revenue suggests that provinces have collected R9.3 billion or 113.6 per cent of their own revenue adjusted budgets of R8.2 billion, which is 16 per cent or R1.3 billion more than what was collected for the previous financial year.
The collection rate varies from 98.4 per cent in Northern Cape and 98.8 per cent in Limpopo, to a high of 133.8 per cent in North West and 123 per cent in Eastern Cape.
Eastern Cape 829 825 1 020 496 123.0% 3.
Free State 503 555 547 682 108.8% 4.
Gauteng 2 327 794 2 631 611 113.1% 6.
KwaZulu-Natal 1 423 141 1 524 873 107.1% 3.
Limpopo 444 122 438 613 98.8% 1.
Mpumalanga 337 855 395 336 117.0% 2.
Northern Cape 138 684 136 397 98.4% 2.
North West 438 869 587 097 133.8% 3.
Western Cape 1 707 335 1 978 063 115.9% 9.
Total 8 151 180 9 260 169 113.6% 4.
<fn>GOV-ZA.2008050801En.2012-02-10.en.txt</fn>
The National Treasury announces a switch auction of the R196 (10.00%:2009) bond and the details are as followings: Auction Date : 12 May 2008 Settlement date : 15 May 2008 Starting Time : 10h00 Closing Time : 10h30 Auction Result : by 11h30 Source Bond : R196 (10.
The following bonds will be considered destination bonds to switch into.
The indicative yield of the R196 (10.00%: 2009) will be published at 09h30.
The National Treasury will, subject to market appetite, switch the R196 fixed interest bond with a coupon of 10.00%, maturing on 28 February 2009.
Methodology: The switch auction will be on a cash neutral basis and an All-In-Pricing method is applicable. However, bids will be submitted in terms of yield for the vanilla bonds and a price for the floating rate note.
Participation: Although the switch auction is on a voluntary basis, only primary dealers are eligible to participate.
The National Treasury will determine the amount to be switched and reserves the right to switch nothing.
The source bond for this auction is the R196 (10.
Note: The coupon of this floating rate note is applicable for the quarter, 1 April to 30 June 2008.
Participants have the option to switch from the source bond into any of the destination bonds mentioned above.
The switch auction will be conducted on a multiple yield/price basis (American style).
Participants should submit their bids for the destination bonds at competitive yields.
Participants should submit their offers to switch a nominal amount of source bonds, at the released indicative yield, into the destination bonds.
Offers to switch out of the source bond (R196) should be for a minimum nominal amount of R10 million and thereafter in multiples of R5 million.
12.1 Auction date : 12 May 2008 12.2 Settlement date : 15 May 2008 12.3 Auction start : 10h00 12.4 Auction close : 10h30 12.5 Results : 11h30 13.
An indicative yield for the source bond will be published at 09h30 on the day of the auction on Reuters, Bloomberg and the SARB's website.
14.1 A facility is available to successful participants to top-up any odd-lots of the destination bonds allotted to the nearest R1,0 million.
14.2 The top-up amounts will be sold to the participants at their respective allotted yields/prices.
14.3 This facility will be available until 12h00 on the following business day and the SARB dealing desk can be contacted in this regard.
14.4 Odd-lots will settle on a T+2 basis.
<fn>GOV-ZA.2008050803En.2012-02-10.en.txt</fn>
In 2004 the government of South Africa committed itself to the halving of poverty and unemployment in the country by 2014, in line with the UN Millennium Development Goals. In the first decade of freedom, annual economic growth in South Africa averaged about 3% per annum, a level much higher than the 1% per annum achieved in the decade before 1994. However, this was still not enough to achieve the goals of reducing unemployment levels to below 15% and poverty levels to less than one-sixth of households, by 2014.
The South African government initiated a discussion on growth at the 2005 Cabinet lekgotla. In February of 2006 the Accelerated and Shared Growth Initiative of SA (AsgiSA) was formally launched by government under the leadership of Deputy President Ms Phumzile Mlambo-Ngcuka, with the objective of attaining a higher growth rate of at least 6% per annum by 2010.
Volatility and level of the currency.
The cost, efficiency and capacity of the national logistics system.
Shortage of suitably skilled labour amplified by the impact of apartheid spatial patterns on the cost of labour.
Barriers to entry, limits to competition and limited new investment opportunities.
Regulatory environment and the burden on small and medium businesses.
Deficiencies in state organisation, capacity and leadership.
Second Economy interventions macro-economic issues public administration issues.
As part of the AsgiSA initiative, the government (via the National Treasury, in cooperation with the Presidency), engaged an international team of growth experts to research the above and other constraints on growth in the South African economy, and to provide a growth diagnostic in order to improve AsgiSA. The panel was led by Professor Ricardo Hausmann from the Kennedy School of Government, Harvard University, and included a range of economists, based at universities in the USA and UK like Harvard, MIT, LSE, University of Michigan and University of London, as well as experts originally from Venezuela, Turkey, Argentina, UK, France, USA, India, Chile, Pakistan and South Africa. The team worked closely with South African-based academics as co-researchers or assistants in order to ensure that the best local expertise is drawn on, and that there is some transfer of skills. The attached Annexure A is a list of the team.
The panel began its work with a first visit in January 2006, followed by further visits during July 2006, January 2007 and July 2007. During these visits the panel held workshops with government officials, economists, trade unionists, business and other stakeholders in South Africa. During each visit the panel also met with members of Cabinet, including the President and Deputy-President. It published its first set of 9 research papers in July 2006, and a second and final set in September 2007. Altogether 19 research papers and a consolidated report ("Final Recommendations of the International Panel on ASGI-SA") on the entire panel's recommendations were completed and submitted to the government. Annexure B is a list of the papers, which cover the areas of macroeconomic policy, industrial policy (including beneficiation and competition), trade policy, labour market policy, public administration and black economic empowerment.
It should be noted that the papers and final recommendations were written shortly before the current global slowdown, higher global and domestic inflation, and electricity shortages.
The panel argued that the fundamental problem in South Africa is that very few South Africans are working. Those who are working are estimated at 13 million which represent only 42,6% of the working age population and 29% of the total population. This compares to 65% of the working age population in comparator countries and if employment reached the level of these comparator countries it would need to rise by 52%, that is, employment for an additional 6,6 million South Africans. Furthermore the panel argued that the unemployed are predominately less educated (30,4% have less than matric, 28,2% matric, 11,7% post matric and 3,3% university educated), they are young (between the ages of 20-35), and black (33% African, 20% coloured, 18% Indian and 5% white).
Achieving shared economic growth is therefore fundamentally about creating jobs for those currently not working.
The panel argues that it would be important to eliminate the binding constraints already identified in AsgiSA (skills, infrastructure, exchange rate volatility, state capacity, second economy and sector strategies), but recommends that we also grow the export sector. They argue that the consequence of sluggish performance in exports has been declining trends in employment in mining, agriculture and manufacturing. A consequence of this has been that employment in the tradable sector has decreased from 45% of total employment in the 1970s to 30% in 2004 whilst employment in the private non-tradable sector has grown from 24% to 36%. Employment growth in South Africa has therefore been concentrated in the non-tradable sector which happens to be more skill intensive as opposed to the tradable sector which is less skills intensive. The key therefore of absorbing the unemployed who are predominately less skilled is through creating "exports for jobs".
A further problem that it identified in the short term is whether the current acceleration in economic growth is sustainable and can be maintained. In particular what is worrying is that the current growth acceleration is accompanied by a widening current account deficit as imports are rising much faster than exports (despite higher mineral prices), public spending is growing faster than GDP growth and is accompanied by rising inflation. Growth is being driven by growth in only three sectors namely (1) construction, (2) transport and communication and (3) financial, real estate and business services. They therefore argued, after testing it econometrically, that the economy is growing above its potential which they estimated at about 3,5%.
The International Panel makes a total of 21 recommendations taking into account its view that "the current rate of growth of the economy is above what is sustainableand still remains below the desired 6 per cent announced by ASGI-SA". The Panel points out that "a strategy for externally sustainable and shared growth involves the creation of jobs in the tradable sector, which in an open economy translates into exports for jobs". In the context of South Africa, "it is clear that the sector that has grown less and that has suffered the biggest employment losses has been the tradable sector: this is expressed in the dismal long term growth in per capita real exports and in the massive job losses in that sector". The Panel notes that "additional efforts will have to be made to relax the binding constraints that keep the speed limit of the economy below what ASGI-SA would like to achieve".
Macroeconomic Policy: The Panel makes four recommendations on macroeconomic policy, having published six papers. The key focus is around macroeconomic constraints and risks to growth (current account, volatility of exchange rate, cyclicality of fiscal and monetary policy). The recommendations call for fiscal policy to be counter-cyclical and make a greater contribution to national savings, and suggest a larger fiscal surplus target for 2008 of at least 1 to 2 per cent of GDP. The Panel calls for the elimination of existing restrictions on capital outflows, maintaining the current inflation targeting regime but adopting a strategy to pay more attention to the level and stability of the real exchange rate.
Trade and competition policy: The International Panel makes four recommendations, having produced three papers on trade and competition policy. They recommend a radically simplified tariff system with low or no tariffs on inputs. They also recommend the review of the SACU arrangements, and the need for SA to take the lead in encouraging African economic integration, but at the same time avoid unrealistic custom union agreements. The Panel also recommends the adoption of a pro-active approach for competition policy, rather than a complaints-driven approach in order to reduce barriers to entry.
Labour Market Policies: The Panel makes three recommendations on labour market policy, having produced two papers. The recommendations deal with a wage subsidy for all 18 year olds, with a no-questions-asked job termination requirement. It calls for relaxing regulations on the creation of SETAs, and for firms to be allowed to move to one or more SETAs of their choice. It also encourages high-skilled immigration.
Industrial Policy (including beneficiation policy): The Panel makes five recommendations, having produced five papers covering industrial and beneficiation policy. It recommends a shift in focus of the activities of the Industrial Development Corporation (IDC) towards the financing of new activities, away from an asset management approach. It also recommends that the current Customised Sector Programmes be substituted or complemented by an openarchitecture approach with self-organisation of relevant actors. It proposes a special central budget for structural transformation. It recommends changes to the existing MIDP by phasing out the IRCC scheme and replacing it with a supplier-based promotion scheme consisting of two windows. The Panel also recommends that beneficiation should not be used as the basis for selective intervention and industrial promotion.
Public administration and Black Economic Empowerment: The Panel makes two recommendations on Public Administration, and three on BEE, based on four papers. The first recommendation relates to a certification system for government entities providing economically-relevant services (e.g. visa procedures for immigrants, registration of firms and development of a safe medicinal drug industry, tax and customs collection services). It also recommends that municipalities with poor capacity be required to use central bodies to procure for municipal services. The Panel recommends a review of the BEE scorecard to include new elements to facilitate firm creation, employment creation, learnerships and training. They also recommend the development of a credible system to collect information on BEE, and a mechanism to evaluate progress and signal future directions of policy.
The Panel has also published a paper on the impact of crime on economic growth. It noted that the most severe impact of crime on growth was probably through the discouragement of small and emerging businesses in poorer areas. No specific recommendations are made for this paper, but this paper has been referred to the research project on crime being conducted by PCAS.
The research papers do not necessarily reflect government's views, nor has government adopted or rejected any of the recommendations made by the Panel. Government also notes that there is no universal recipe or set of policies for a successful growth strategy. Whilst government has been debating, and will continue to debate the issues raised in the research, the process of responding to the papers and recommendations will benefit from a broader public debate. At their last meeting with members of Cabinet on 19 July 2007, the President requested that the papers should be made public to encourage a broader debate on shared growth. It is with this objective in mind that the papers are now being released for further dissemination by the public in general and the economic community in particular.
To facilitate the broader debate, Government is planning a major workshop on the report, between the international panel, government officials, local academics and economists, policy researchers and various stakeholders. This workshop is planned for 17 or 18 June 2008 (subject to confirmation). It is hoped that this workshop will also encourage local economists and academics to prepare response papers in order to stimulate the broader public debate. In this respect, economic departments at SA universities and research institutions will be encouraged to convene workshops later in the year on various aspects raised in the research papers, where such local papers can be presented.
The research papers on growth by the international panel and related information can be found on our website at www.treasury.gov.
SACU Tariff Policies: Where should they go from here - Edwards an?
<fn>GOV-ZA.2008052701En.2012-02-10.en.txt</fn>
Thank you for inviting me to address you today as the South African Institute of Chartered Accountants (SAICA) launches the Thuthuka initiative here, in the UK.
I want to begin by asking you to join with me in a moment of silent reflection on the recent violence in some of our townships and the need to rebuild shattered lives and communities.
This is an opportune moment to be gathering and launching this initiative just a week after the launch of the report of the Commission for Growth and Development. This report correctly acknowledges the importance of skills development for the realization of sustainable economic growth.
Before talking to the issue of skills development, allow me to take advantage of this opportunity to speak to you about the importance of economic growth in developing and emerging market economies and about the need to think more strategically about our long-run capacity and institution building challenges. I have spent some time in the last two years as part of the Commission for Growth and Development, a body setup by the World Bank and chaired by Michael Spence, a nobel laureate from Stanford University in California.
The Commission report, which I commend to you to read in its entirety, begins with the hopeful phrase, "unlike miracles, sustained, high growth can be explained and, we hope, repeated."
The commission looked closely at the growth experiences of a range of countries, in particular a special group that has grown by an annual average pace of 7 per cent or more for more than 25 years or longer. For those 25 countries, a wide range of factors stand out as important to growth.
One they have in common is the centrality of high quality public institutions and their ability to define good policy and implement it. Combined with committed and pragmatic leadership, good quality public institutions are able to articulate the need for economic growth, supervise the policies needed to achieve it, and ensure the measurement and accountability frameworks are in place to see its fulfillment.
More broadly, the technical skills required to set out pro-growth policies are also those needed to create and build the public institutions that help markets to work and deliver outcomes free of market failure and abuse. For most developing countries, institutions of any kind are hard work. They cannot be built overnight, despite the need for them. This means that progress in developing these institutions by necessity is incremental. It also suggests that we must be careful not to let the risks outweigh the benefits - it is important not to let the long-run benefits of the right course of action be upset by short-term miscalculations and hurry.
Patience and a focus on quality are important. And making sure that the goals are achieved without political contestation is critical. Governments are important in the long-run for everyone and in the short-run especially for those people disadvantaged by economic forces. Fiscal responsibility and price stability are unlikely to be fostered by governments and public administrations that cannot work effectively. In the medium-term, markets themselves fail to function if the public institutions on which they depend for the prevention of market failures cease to perform.
Healthy public institutions are also needed to address the social costs of rapid economic growth, in part because such growth is often a direct function of openness to trade in goods and services. So to get rapid growth, we need to be open. But openness can entail shortterm pain, even as it is necessary for an economically dynamic and wealthier future.
For countries with limited skills base and ability to create knowledge, openness makes it possible to import ideas and know-how from the rest of the world, and to use it to catch-up. The global economy also makes it possible to achieve economies of scale or to find niches - to produce and sell into vast world markets that dwarf the small national and regional economies that limit growth of exports for many developing countries.
But tapping into global demand and ensuring sustained growth in domestic markets has indirect effects on societies that reach far beyond just employment contracts and credit agreements. Rapid urbanization has gone hand-in-hand with fast growth, as workers move from underemployment and low wages in rural areas to expanding production and services occupations. Most agricultural areas benefit from this shift in the workforce over the long-run too, as dependency in rural households falls and productivity and wages on farms rise.
These are just a few examples of the deep structural changes that occur in fast-growing economies. The microeconomics of growth - "where new limbs sprout and dead wood is cleared away" - is critically supported by policies that protect people that are adversely affected by the microeconomic dynamics. Appropriate policies have been identified as those that protect individuals, not jobs, and thus those that assist people to make the transition from one employment to another.
Perhaps most important in the growth process is to ensure access to opportunity - regulations and other arrangements that deny entry into economic activity for firms or individuals is sure to obstruct growth, employment and productivity. Government actions to address such constraints, the importance of education for girls for instance, are key ingredients in transforming the economic engagement with the rest of the world from zero-sum to positive-sum games. It is ethically and economically the right thing to do.
All of these ideas apply to our region of the world, perhaps more so than in some others. For in Africa, we have a rich history of institutions, but few that are really ready to address the challenge of an African economic renaissance. Part of what we need to do is to catch-up to our successes.
At a macroeconomic level, most of Africa is doing well. Policies are aligned better to economic needs, and the costs of high inflation and instability are recognised and factored into our macroeconomic policies. How we appropriately cast macroeconomic policies in the face of a permanent boom in commodities, or if commodity prices suddenly fall, remains a source of concern.
But we have got many of the fundamentals right. The average inflation rate for Sub-Saharan Africa peaked at 61 per cent reached in 1994. By 2005 inflation had fallen to 11 percent and to 8 percent in 2007. The average budget balance in the region was in surplus in 2006 and reached +1.4 percent of GDP in 2007. Africa's FDI rose to $31 billion during 2005 up from $18 billion in 2004 and 2003. South Africa, Egypt, Nigeria, Morocco, Sudan, Equatorial Guinea, the DRC, Algeria, Tunisia, and Chad were the main beneficiaries. Most FDI was in commodity producing sectors, including oil. Thirty-four other African countries received FDI inflows of below US$100 million (each).
In the areas of microeconomics and infrastructure, however, we have larger challenges. Much needs to be done in terms of macro- and microeconomic policies, infrastructure development, industrial diversification, community development, and income security to ensure that Africa becomes the next region to grow by over 7 percent a year for 25 years or more.
African economies need to much more actively import knowledge and technology and access foreign markets. Ensuring that policy fosters regional cross-border trade and economic links within potential supply chains across borders is an important contributor to flows of knowledge. Using commodity resources plays into the import and use of knowledge.
Perhaps one of the best uses of our commodity wealth would be to permanently increase the creation of knowledge and capacities in our people. One of the priorities for government has been and will remain education and skills development. A large proportion of our budget allocation goes to education, about 25%. This is larger than in most other middle income countries, and in some senses needs to be to address our skills and educational deficits. But the issue is not only about funding, as many of you know. Getting the educational outcomes that compete with advanced economies means that we need to get into our primary, secondary and tertiary educations systems and get them working far better than they do today. One of my fellow commissioners, Montek Aluwahlia of India told a story once of how they gave cameras to teachers and required them to submit photos of themselves in their classrooms each day. The photos showed the time and day. Simple techniques to improve educational outcomes can work.
Globally there is a strong competition for skills. The mobility of skills has reached unprecedented levels. Countries that have been able to grow, nurture and retain their skills resources have enjoyed higher growth levels. The South African government took cognizance of this critical factor and has launched the Accelerated and Shared Growth Initiative of SA. One of the pillars of ASGISA is skills development and education.
Accountancy of course is an area where we have also done much to improve outcomes and transform the profession. It is now common knowledge that South African Chartered Accountants are revered the world over. It is thus commendable that SAICA under the leadership of Ignatius Sehoole launched the Thuthuka Bursary Fund. We are convening because SAICA members in this part of the world also saw it appropriate that they should mobilize pledges for this important initiative.
I am pleased to inform you that National Treasury is one of the institutions that have joined forces with SAICA in this initiative that seeks to address the skills imbalances by advancing efforts to improve the flow of students into accounting. The cornerstone of the Thuthuka initiative is about increasing the entry numbers and improving the throughput pass percentages of black learners at universities. Part of our effort must also be to instill the highest levels of ethical conduct in the profession.
as a value in itself - but also instrumentally, as a key input to the oversight, prudential and governance functions required in all economies.
To conclude, it is my belief that this initiative will go a long in ensuring that skills critical to sustainable economic growth are developed.would like to thank SAICA for spearheading this initiative, and also thank those that have already pledged their support.
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The Annual Bank Conference on Development Economics (ABCDE) 2008 will be held from June 9-11 in Cape Town, South Africa. Using the theme 'People, Politics and Globalization,' the conference will discuss such issues as high food prices, financial turmoil, investment and growth, human development, and the role of China in financing Africa's development. Main sessions will be viewed through the lenses of South Asia, Africa and the opportunities and risks of globalization. ABCDE is an annual World Bank event being hosted this year by the Ministry of Finance of South Africa. This is the first time the event is being held in Africa.
An opening press conference will be held at 11 am June 9 at the conference venue with Messrs Spence and Lin presiding. On June 10, there will be a 10:30 am press conference to launch Global Development Finance 2008: The role of international banking. GDF analyzes economic prospects and capital flows to developing countries and assesses the impact of high food and energy prices.
What/When: ABCDE 2008, June 9-11 (all conference sessions will be open to the media) View the program at: http://www.worldbank.
Registration: Media can register online until June 3 by going to www.worldbank.org/abcdesouthafrica. You will receive email or phone confirmation of your accreditation from the World Bank.
Those approved for accreditation can collect badges from June 9 at the International Convention Centre from 7:30 am.
To be eligible for accreditation, media representatives must hold valid media credentials or provide substantive evidence of professional bona fides. Conference badges for media will only be issued upon presentation of press credentials bearing a photograph.
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Today, I bring you no fireworks and no surprises. My address today is an exercise in accountability. I ask Parliament to approve Vote 7 of the Appropriation Bill, for the National Treasury and Vote 11 for Statistics South Africa and I pledge to meet the commitments set out in the Estimates of National Expenditure. That is the main purpose of today's address and the rest is just an explanatory footnote.
The context within which we are asked to discharge our responsibilities is changing constantly. The economic circumstances we face at present are the most complex since the advent of democracy. To quote today's Business Report, 'the good news is that South Africa is not alone'. Almost every country in the world is going through a similarly challenging experience. Our present circumstance also introduces new terminology. We've all heard of inflation, we've heard of stagflation and now we have agflation - inflation caused by rising prices of food and other agricultural commodities.
Changed circumstances calls for a review of policy and so our responsibility as policymakers is to provide an honest, sober assessment of our environment. Price instability creates hardship and our people are hurting. They feel this hardship at the checkout till in the supermarket and at the petrol pump. This hardship is felt when families cannot stretch their income to cover even the most basic food stuffs. It risks becoming even harder if wage demands drive us into an inflationary spiral that results in distorted prices and consequent job losses.
Our responsibility, yours and mine, is to analyse the situation and communicate on these matters with our people. The budget speech this year drew attention to 'storm clouds gathering'. In analysing the present situation, two fundamental questions must be addressed by policymakers. How do we offer maximum shelter during the storm and where will we be when the storm has passed?
Rising food prices have increased the hardships faced by many people, impacting most severely on the poor who spend a disproportionately large share of their income on food. Madam Speaker, the rising cost of food is a global phenomenon with global causes but in saying this, we cannot be blind to the pain and hardship that poor people are experiencing. The price of maize has increased by 69 per cent in the past two years, rice by 131 per cent, wheat by 71 per cent and soybeans by 100 per cent. Most of this increase has occurred in the past six months. Rising oil prices are also a significant contributor to high food prices.
In setting out a response, government has prioritised short term relief through our social grants system, school feeding scheme and transfers to welfare organisations. The Department of Social Development has begun using the social relief of distress grant to provide those in need with short term financial relief. The financial implications of these measures will be accommodated in the adjustments budget and we are working with national and provincial government to ensure that the spending takes place as soon as possible so as to make a meaningful impact on those most affected. The same is true for the relief efforts for people recently displaced by xenophobic violence.
In the medium to longer term, it is agricultural production that has to be the central focus of our food security efforts. Government must increase the support it provides to the agricultural sector, particularly to resettled communities and to emerging farmers. The National Treasury is working under the leadership of the Department of Agriculture to ensure that these short and medium term interventions are funded adequately and that these measures benefit the poor in the shortest possible period.
When I was appointed Minister of Finance, the oil price was about US$20 a barrel and then fell to about US$10 soon thereafter. When we tabled the 2007 Budget, the oil price was US$58 a barrel. When we tabled the 2008 Budget, the price was US$99. Yesterday, the price was US$130 a barrel. The world has not seen an increase of this magnitude since the 1970s. Oil is a major component of our modern economy and affects the prices of almost every other product in some way.
Rising oil prices have pushed our petrol price up to just below R10 a litre and there is no sign that petrol prices are likely to fall anytime soon.
These price changes stress every sinew in our policy framework.
Madam Speaker, our introduction of inflation targeting in 2000 was neither accident nor fashion statement. It was introduced against the backdrop of interest rate increases of seven percentage points in 1998, some of which was occasioned by global factors and some by domestic circumstances arising from the absence of an anchor for monetary policy.
To quote the governor of the Reserve Bank, "inflation targeting is a framework, it is not an instrument, it is not a policy and it is not dogma. Take away inflation targeting, and we will still have monetary policy, we will still have the same instruments of monetary policy, and the Bank will still have a constitutional mandate to maintain low inflation".
I concur fully with these views. Against that backdrop, I know that if our monetary policy was not anchored, interest rate increases would both be considerably higher and less understood.
Keeping inflation low is a policy stance pursued to ensure that, as a country, we remain competitive but more importantly, that inflation does not erode the earnings and savings of the poor, those least able to protect themselves against rising prices. Competitiveness is key if we seek to increase employment, reduce poverty and raise investment.
Inflation is outside the target band and is likely to remain outside the band until the 2nd half of 2009. We expect inflation to average above 9 per cent in calendar year 2008 before falling within the target range next year. But we have to take the steps that are needed to moderate expenditure and reduce inflation, and so it will be some time before interest rates come down again.
2.1 per cent, mainly as a result of a substantial drop in mining output due to the electricity crisis. Nevertheless, the slowdown we are experiencing is of a short term nature. The situation has to be managed, yes. But short term turbulences do not detract from the fact that our economy is dynamic and growth is robust. The House should be reminded that the economy has grown by 5 per cent a year since 2003. While consumption is slowing, public and private investment is still strong, our export performance is improving and growth in China and India are supportive of our growth. The large investments in electricity and transport, higher spending on maintenance and higher national savings will improve both growth prospects and economic efficiency. We remain confident that we will grow by about 4 per cent this year and the expansion will continue in 2009 and beyond.
In this context, it is appropriate for me to turn to longer term economic policy issues in general. In the past month, two important pieces of research have been published. The first, to be discussed in the Portfolio Committee on Finance on 18 June, comprises 20 papers produced by the International Growth Advisory Panel (IGAP) chaired by Professor Ricardo Hausmann from Harvard University. The fundamental problem that these papers deal with is that we have just over 13 million people working and we should have about 19 million people in employment. Over 45 per cent of young people are unemployed and most of these people do not have tertiary education. When young people are marginalised and have no hope then their lives lose meaning, we all lose dignity and the basic fabric of social cohesion is at risk of being torn apart. The IGAP report recommends the introduction of a wage subsidy for young people. I plead for engagement on this critical proposal. Let us lower the decibels of the debate and talk about the content - how we are going to get more young people into employment?
The second piece of work, published a week ago by the Commission on Growth and Development, looks at what are the key ingredients of high and sustained, inclusive growth. The report points out that high growth over a long period of time is the surest way to reduce poverty and inequality. To quote from the report, "policymakers have to choose a growth strategy, communicate their goals to the public, and convince people that the future rewards are worth the effort, thrift and economic upheaval. They will succeed only if their promises are credible and inclusive, reassuring people that they or their children will enjoy their full share of the fruits of growth." The key finding of the report is that high growth is not a miracle; it is the outcome of sound policies sustained over a long period of time.
These two reports form the basis for what I hope will become a lively debate on the future of economic policy in South Africa. Parliament should surely play a key role in facilitating such a discourse. In inviting debate on economic policy, government recognises that we do not have a monopoly on wisdom. Growth is not an end in itself. It is a means to poverty alleviation, job opportunities and let us add dignity and hope.
Madam speaker, in the past few weeks, there have been several individuals who have appeared in front of parliamentary committees arguing that the Treasury is too tough on them and that the Treasury is too tight-fisted with public money or that the Treasury asks too many questions about business plans and procurement practice and performance. I wish to respond to the general thrust of these assertions.
Madam Speaker, I submit that it is easy for officials to come to Parliament to tell a story of what they could have done if they had the money they wished they had. It is an entirely different matter to come to Parliament to tell the Committee what they did do with the money that they do have. It is incumbent upon Parliament to ask these officials to say what they have done, what they have achieved and what the outcomes or impacts of their spending has been. I submit that that story may be much more difficult to tell. The Treasury is not the custodian of public money. Parliament is the key custodian of public money and as head of the National Treasury; I am accountable to Parliament for that stewardship. It is our job to demand sensible, realistic, achievable plans from departments for the billions of rands they seek and to keep a watchful eye on the implementation of these plans. Anything less, would be a dereliction of duty.
It is an opportune time to discuss the topic of Parliament's power to amend money bills. In 1997, I submitted draft legislation to Parliament setting out a process for Parliament to amend money bills. More recently, Parliament has developed firm proposals on the amendment of money bills. I support this reform and I believe the time has come to agree on legislation giving effect to the Constitutional imperative that Parliament should have the power to amend money bills. I have asked the Director General of the National Treasury, Lesetja Kganyago, to work with the responsible parliamentary committee in this process. I hope that such legislation can be finalised speedily so that Parliament can begin to build the capacity required to engage effectively on the budget.
Let me discuss the specific roles and responsibilities of the National Treasury. Members are quite aware that the aim of the National Treasury is to promote economic development, good governance, social progress and rising living standards through the accountable, economical and sustainable management of public finances.
The pillars of improved effectiveness of the public purse have not changed. They entail consistent improvements to the financial management framework, rigorous analysis and targeted spending allocations in line with the priorities of government. Amongst these, fighting poverty and investing for growth remain high on the agenda. Recent global volatility has also demanded that we focus on minimising the effects of this on the lives of ordinary South Africans, as far as is possible.
The National Treasury is organised into nine programmes for the 2008/09 year, as set out in the Estimates of National Expenditure. In addition to the core administrative programme, there are five programmes dedicated to operational and policy responsibilities and three programmes dealing with various transfers.
The Public Finance and Budget Management programme brings together policy-related analysis and advice on fiscal policy, public finances and intergovernmental responsibilities broadly related to producing and monitoring implementation of the annual budget.
There are numerous key focus areas for this programme, ranging from promotion of public and private investment in infrastructure to advising on personnel policy, improved allocation of public resources and ensuring value for money from public spending. Investment in the transport, communications and energy sectors come under scrutiny alongside assessment of ongoing sectoral and industrial development strategies. This programme also provides technical support for programme and project management for the financing, planning and coordination of the 2010 FIFA World Cup. Programmes such as the Siyenza Manje initiative, the infrastructure delivery improvement programme (IDIP), the Neighbourhood Development Partnership grant and technical support to government departments also continue over the medium-term.
The Asset and Liability Management Programme manages government's financial assets and liabilities. This involves prudent management of government's financial assets and domestic and foreign debt portfolios. The main debt management objective, of financing borrowing requirements at the lowest cost within acceptable levels of risk, has now shifted towards actively pursuing government's macroeconomic objectives and in particular, reducing our vulnerability to external events and influences.
Earlier this year, we re-launched the retail savings bond and introduced a new inflationlinked instrument. Retail savings bonds provide an easy-to-use, low cost method of saving and have prompted financial institutions to improve their own savings instruments. Together these steps help to improve our national savings culture.
The review of South Africa's development finance institutions that we mentioned last year has been completed. It will now be employed as an input in clarifying the role of government lending institutions in our developmental state, in order to extend access to finance and investment in social infrastructure.
The Financial Management and Systems programme includes strategic financial management responsibilities relating to government's supply-chain processes and procurement arrangements aligned with the broad-based black economic empowerment policy framework and ongoing coordination of the implementation of the Public Finance Management Act of 1999. Progress has been made on the integrated financial management system, with three tenders published and recommendations made to a joint committee for consideration.
The Financial Accounting and Reporting programme aims to promote and enforce transparency and effective financial accountability in departments, public entities, constitutional institutions and local government. In the interests of furthering the ends of good governance, this programme is also geared to assist Parliament in exercising its oversight over public financial management in the public service.
The National Treasury has been accredited by the South African Institute for Chartered Accountants (SAICA) to train chartered accountants through the TOPP Programme, enabling the Treasury to recruit article clerks to train them on various aspects of accounting.
The Economic Policy and International Financial Relations programme focuses on areas of macroeconomics, regulatory reform and microeconomic analysis, tax policy, financial and banking sector policy, and regional integration and international financial relations.
This programme also addresses the need to maintain South Africa's contribution in international economic forums and institutions such as the International Monetary Fund (IMF), World Bank, African Development Bank and G20. Promotion of African and Southern African economic integration is also coordinated under this programme.
The Treasury vote also includes substantial transfers to provinces and municipalities, in support of both infrastructure investment and institutional capacity-building.
The final programme on the Treasury vote provides for various fiscal transfers including the Development Bank of Southern Africa (for the Siyenza Manje project), the South African Revenue Service, the Financial Intelligence Centre and the Financial and Fiscal Commission. The FFC is directly accountable to Parliament.
Our work on social security and retirement reform is proceeding, and I understand that the Minister of Social Development will shortly table the social assistance regulations that make provision for the revised means tests and changes to the old age grant and child support grant announced earlier this year. I would like to echo Minister Skweyiya's assurance to this House and to all members of pension and provident funds, who may be concerned about the possible loss of accumulated funds or benefits resulting from future changes to the pension and provident fund arrangement. No such loss of benefits is contemplated, the government is not going to expropriate your savings, and the rumours that have been circulated to this effect are both mischievous and opportunistic.
I have been asked, on several occasions, whether the new social security system will be ready for implementation in 2010. The answer is that this reform is a process and not an event. Improvements to the regulation and tax treatment of retirement funds have in fact been in progress over the past several years, there are changes to the social assistance framework that will take effect over the period ahead, and under Minister Mdlalana's guidance both the Unemployment Insurance Fund and the Compensation Fund are implementing much-needed administrative reforms. I would like to congratulate the UIF, in particular, on its successful transfer of all beneficiary payments to an electronic interface - thereby reducing both administrative costs and risks of fraud or theft, while also bringing the convenience and flexibility of bank payments to recipients. There are surely lessons from the UIF's reform of its payments system which we should now extend to other parts of the social security system.
Madam Speaker, Government requires accurate and timely information to plan, to budget, to deliver services and then to measure progress, or the lack thereof. Furthermore, our statistical agency provides key information to economic actors to enable them to plan, budget, invest and strategise on a daily basis in their operations.
Building a credible and efficient statistical agency has been a challenge. We've made steady progress in creating sound systems and platforms for the collection and interrogation of data. Stats SA has grown from strength to strength over the past five years. The leadership cadre is growing in skill and experience, key teams have been strengthened and we are interacting much more with academics and the statistical community, mainly through the Statistics Council. We have made mistakes in the transformation of Stats SA and I am sure that we will uncover a few more before my tenure is up. But I can assure you that we have an organisation that is learning from these mistakes, is receptive to change and is committed to bringing the best skills in the world to aid in improving our capabilities.
The key priorities of Statistics South Africa in the year ahead are to improve the measurement of employment data, to provide better measures of price change in the economy and to enhance our understanding of poverty data recognising its multidimensional nature. Furthermore, next year Statistics South Africa will host the International Statistical Institute here in South Africa and preparation for this event is well under way.
Madam Speaker, the efforts by Statistics South Africa to conceptualise research methodology on the official poverty line that will inform Government's poverty eradication programmes, are progressing well. Methodological and definitional issues have presented some challenges, but an interdepartmental team is now reviewing the proposed measure. I hope to table a report in Nedlac before the end of June.
Parallel to this process, StatsSA will by November this year start collecting data as part of a national survey to accurately measure the extent of household poverty. An integral part of the survey will be to monitor Government's progress in poverty reduction and the survey will compile data from South African households over a twelve month period. Results are expected during the first quarter of 2010.
One of the key developments in economic statistics in the current financial year is the implementation of new price releases.
PPI.
The pursuit of better quality of our statistical products and services - and for these to remain relevant to the South African context - also extended to the Labour Force Survey; the primary instrument to measure employment. Changes introduced in 2006 have improved the conceptualisation, definitions, a redesigned questionnaire and dissemination methods of research results. The first results of the new quarterly survey will be published in August this year.
Madam speaker, by the middle of March this year, officials in the South African Revenue Service were beginning to worry about whether they would make the revised revenue target for 2007/08. Under the leadership of Commissioner Gordhan, all 15 000 people in the Revenue Service took the slogan 'business unusual' to new heights. They reorganised their offices and schedules, developed a plan which included phoning thousands of individuals and businesses and they implemented this plan with admirable precision. By the end of the 31st March, they collected R571.8 billion, R700 million above the revised target.
Given the deteriorating economic environment, collecting revenue is becoming increasingly difficult. These men and women employed in the public service continue to amaze me with their dedication, commitment and innovation in serving South Africa.
Our approach to revenue collection involves a social contract. Citizens have a voice in the shaping of the tax system and in spending priorities. Government must build the capacity both to collect the taxes and to deliver on the spending priorities as efficiently as possible. The budget and Parliament's continuing oversight role are all critical parts of making the social contract work. Citizens who have embraced a culture of tax compliance and paid their fair share can legitimately expect us to do our best to ensure that spending is effective and in line with the mandate they have given.
Building the capacity for effective tax collection remains a high priority. In its strategic plan last year SARS announced an ambitious modernisation agenda to be implemented over several years.
This year has seen the refinement of that agenda based on the first year's experience of its implementation.
developing an integrated risk management and enforcement system, improving customer service, outreach and education, enhancing core operations and capabilities, strengthening border control, and strengthening core support systems.
One focus area impacts on all members of the House and the largest number of taxpayers. It is the reform of the administration of the personal income tax system as part of the enhancement of core operations. The goal here is to streamline the system, bring it up to international best practice and provide a platform for social security reform.
Last year saw the implementation of a new assessment process that simplified returns, did away with attaching supporting documents to returns, automated return processing, and encouraged e-filing. There were challenges for SARS, individuals and practitioners in adopting the new process but the results have been impressive. Over a million returns were electronically filed, 3.8 million returns were processed automatically, and 32 per cent of returns were processed within 48 hours.
This year will see changes that take the lessons learnt and build on them. The role of businesses as employers will be a central focus of the changes to be introduced. The forms employers provide SARS will be simplified and employers will be required (and assisted) to provide more accurate and timely information to SARS. For the first time we are introducing a Filing Season for employers - 1 July to 29 August. We will also be improving the administration of PAYE deductions and payments in order to ensure that all pay their fair share of tax and those not registered are uncovered.
Individual taxpayers will also benefit substantially. They will receive returns that are customised to their specific circumstances and available in several of our official languages. Most significantly, SARS will take the information provided by their employers and fill it in for them before sending out the returns. No more puzzling out where an item on the IRP5 needs to be filled in on the return! Employees will only need to check that the amounts are correctly shown and fill in the other income and deductions that are applicable. One day most employees will not have to fill in amounts on a return at all.
But the reform of the administration of the personal income tax system is only one aspect of the SARS strategic plan. SARS is a revenue and Customs administration, so another focus area is the strengthening of border control. The deployment of X-ray scanners, strengthening of the Customs Border Control Unit and a detailed plan of action for the implementation of the World Customs Organisation's framework of standards and procedures are all elements of this focus area.
These are two highlights in an ambitious agenda that SARS has set itself to meet the challenge of collecting R2.1 trillion over the next three years and, more broadly, of contributing to a growing economy. I expect there will be teething problems to overcome and further refinements to be made. However, with the co-operation of employers, taxpayers, traders and other stakeholders, I believe we will be able to look back and see that the capacity to collect taxes in a fair and efficient way has been substantially increased for the benefit of all.
Madam Speaker, last year I indicated that there was a need for greater coordination and partnership between the relevant supervisory bodies in the financial services sector. There is a clear need for a close relationship between the Banking Supervisor the Financial Services Board, the Financial Intelligence Centre and the South African Revenue Service, and for them to adopt a more aggressive approach to those people who operate outside of the law in the financial services industry.
Those who seek to gain financial power from criminal activity by turning crime into a business are adept at abusing the services of our financial institutions so that their illegal profits remain undetected. When this abuse of our financial institutions is left unchecked, it undermines the integrity of our financial sector and the sector's ability to expose such abuses.
Last week this Assembly passed the Financial Intelligence Centre Act Amendment Bill and I trust that the Financial Services General Laws Amendment Bill will have an equally untroubled passage next week.
The FICA Amendment Bill significantly enhances the regulatory framework for oversight of compliance with our laws which support the detection, investigation and prosecution of the laundering of proceeds of crime. The Financial Services General Laws Amendment Bill seeks to achieve similar results by creating an enforcement committee and introducing administrative sanctions procedures.
This year the Centre, in collaboration with the various supervisory bodies will be developing implementation plans and focussing on the roll out of these new measures. Closer ties should also be developed with the law enforcement authorities so that financial and economic crime can be dealt with effectively. The Criminal Justice sector needs to enhance the skills availability and provide a focus to deal with this form of criminal behaviour. Already the FIC and the SAPS are engaged in a process to map out how the twin areas of administrative and criminal sanctions regimes will be implemented and to increase their levels of cooperation.
The FICA Amendments represent the first step in a process to make the system more efficient. Later this year, South Africa's system to combat money laundering and terror financing system will be assessed by the Financial Action Task Force, which sets the standards for all countries. The system in South Africa is still in its infancy and as a consequence we expect the assessment will assist us by identifying areas for remedial action which will enhance the system further.
Madam Speaker, the Public Investment Corporation Limited manages assets valued at R786.3 billion as at 31 March 2008, making it the largest investment managers on the African continent. Their clients are public sector entities including the Government Employees Pension Fund. The PIC's role is to invest funds on behalf of these clients, based on investment mandates set by each client and approved by the Financial Services Board (FSB), with which it is registered as a financial services provider. The PIC is wholly owned by the South African government and was established as a corporation on 1 April 2005 in accordance with the Public Investment Corporation Act, 2004.
More than a year ago, the Public Investment Corporation's Corporate Governance Policy was made public. It is based on international best practice and was widely discussed with leaders in this field. It spells out what the PIC's clients expect from companies in which they are invested. The PIC also recently became a signatory to the United Nations Principles of Responsible Investment. These principles are also embraced in the PIC's Corporate Governance Policy.
Current focus areas for the PIC are boards and board committees; directors' commitment and meeting attendance; independence of directors and executive remuneration. In addition to this, the PIC's focus includes a strong commitment to the transformation of the South African economy. As transformation in the boardrooms of companies is also critical to our longer term economic success, this issue will be placed high up on the PIC's corporate governance agenda to ensure that boardrooms become a reflection of the demographics of our country.
Since April this year the PIC has started to publish its voting records at annual general meetings and other meetings of companies. The purpose of publishing these records is not to 'name and shame' companies, but is intended to get companies and other asset managers to focus more on governance issues. The publishing of these records ushers in a new era of transparency in South Africa and it is hoped that other big asset managers will follow suit.
Alongside its role in promoting transformation, the PIC is increasingly investing in new infrastructure projects, companies that creating jobs and businesses that extend opportunities to more South Africans. This is part of our broader responsibility for promoting sustained growth and inclusive development.
In conclusion, Madam Speaker, our economy is going through a difficult period and our people are hurting. We understand their pain and we are doing everything we can to ensure that our economy weathers the storm and the recovery is swift and robust. At the same time, it is important to note that sound macroeconomic policies and fiscal health are necessary but not sufficient conditions for growth and development. Effective implementation of government policies is much more fundamental to reduce our abysmally high levels of poverty and unemployment. Parliament has a critical role to play in ensuring that government delivers on its mandate of a better life for all.
As the executing authority responsible for the National Treasury, the South African Revenue Service, Statistics South Africa, the Public Investment Corporation, the Financial Intelligence Centre and the Financial Services Board, I assure you that we are prepared to engage with Parliament in as robust a fashion as you deem fit. We welcome the greater emphasis on oversight in Parliament and we are excited at the prospect that improved service delivery will follow from greater oversight and accountability.
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Madam Speaker, honourable members, we find ourselves in an economic environment where financial markets in several parts of the world have come under pressure from losses registered in the sub-prime market and from rising energy and food prices. Although the South African financial sector displayed dramatic resilience against the sub-prime crises, it has nonetheless had to endure rising interest rates following an appropriate monetary policy stance that seeks to contain domestic inflationary pressures.
During the past year there have been a number of legislative amendments seeking to further enhance the prudential and administrative regulatory framework for our otherwise strong, sophisticated and sound financial sector.
My input today will cover some initiatives that will make a difference to the lives of our people. These initiatives seek to enhance financial stability, access to finance, the Co-operative Banks Act, the Financial Sector Charter, reform of the retirement fund industry, the Public Investment Corporation and Special Pensions.
On the issue of financial stability, the global financial markets have seen large write downs and credit losses since the beginning of 2007 due to the collapse of the US sub-prime industry. Around US$ 379 billion (an estimated R3 trillion) worth of asset value has been written off by major banks around the world. South African banks (and institutional investors) have fared much better, largely due to existing regulations on foreign exposures and the prudent investment approaches adopted by the South African banks.
Despite South African banks being relatively insulated from the direct exposure of the sub-prime crisis, they could find themselves indirectly affected by the international liquidity crunch. Fortunately for us, this does not seem to be a major risk since our local banks are still significantly funded by local deposits and have sufficient liquidity and adequate capital reserves.
This does not, however, mean that we should be complacent, given that there are some domestic risks which need to be monitored. Rising domestic interest rates have seen a 56% increase in non-performing bank loans from December 2006 to December 2007. What is comforting is that these non-performing loans only made up around 1.4% of total gross loans of the banking industry.
It should be noted that the various stress tests conducted by the authorities also show that South African banks will be able to survive major economic shocks. This is evidenced by the higher capital adequacy ratios enjoyed by our banks, with an average of 12.65% for the second half of 2007, compared to the minimum statutory requirement of 10% for the same period.
In protecting our banks, South Africa continues to adopt best international practices in terms of prudential regulation. In 2007, thanks to the hard work by Parliament, the Banks Amendment Bill 2007 was passed and signed into an Act. This paved the way for the adoption of Basel II Capital Accord in South Africa from 1 January 2008. We should be proud that we are currently one of the few countries to have adopted this extensive and enhanced banking regulatory framework. The adoption of the Basel II Capital Accord will go a long way in ensuring that our banks apply advanced risk management tools, which will in turn enable better loss provisioning and capital allocation.
In the 2008 Budget, Government also took a bold step by fully phasing in prudential regulation on institutional investors' foreign exposures, and further refining the macro-prudential foreign exposure allowance on banks. We are on course to finalise the various reporting requirements and foreign exposure allowances by end of this year. These regulatory reforms will enable South African financial institutions to prudently diversify their exposures and risk globally, since these reforms acknowledge both the benefits and risk associated with being part of the global economy.
Honourable Speaker, given the prevailing domestic and international financial market conditions as outlined, the managers of our financial sector companies, including regulatory authorities and policy makers have to exercise due care and vigilance in the management of our financial systems. It is extremely important to create and enhance the necessary competencies to bolster our state of readiness to tackle any domestic or international pressures that could test the strength of our financial system in the future.
In addition, in a few weeks time, the National Assembly will be debating the Financial Services Laws General Amendment Bill which is currently before the Portfolio Committee on Finance. This Bill is an outcome of a collective effort by the National Treasury, the South African Reserve Bank and the Financial Services Board in identifying weaknesses in our financial regulatory system and methods by which to address them.
This Bill proposes to amend, among others, the Pension Funds Act; Financial Services Board Act; Financial Institutions Act; Financial Advisory and Intermediary Services Act; National Payment Systems Act and the Cooperative Banks Act. Most of the proposed amendments seek to either enhance the enforcement regime for the regulatory authorities in line with international practice or to provide for technical clarity in the meaning of certain provisions. These measures are designed to ensure that the consumers and clients of financial products and services are protected as far as possible. One of the main policy changes relates to the amendment to the National Payment System Act. Although the national payment system has traditionally been the domain of the commercial banks, recently there has been increased participation of non-banks in the clearing environment. It has, therefore, become necessary to create an enabling, environment that regulates the participation of such entities in the National Payment System. In doing so, it is crucial to keep the stability of the system as the key imperative and to ensure that participants conduct themselves with integrity, given the interlinked nature of the system.
The proposed amendments also seek to provide legal clarity with regard to the South African Reserve Bank's oversight over non-bank involvement. This includes institutions such as the Postbank. The proposed amendments seeks to allow the South African Reserve Bank to designate participants to operate within the clearing environment, provided they meet specific criteria.
This is a major and welcoming policy shift. More participants will allow for more competition, greater efficiency, and an increase in channels of payments that may result in achieving improved economies of scale and a consequent reduction in costs.
With regard to other insurance issues and safeguarding of consumers, the enactment of the Financial Advisory and Intermediary Services Act was welcomed as it has led to an improvement in market conduct and also greater consumer protection. We have also found that much progress has been made with respect to contractual savings in terms of improving value to consumers.
There is, however, a need to look specifically at market practice across the insurance sector by paying particular attention to potential conflicts of interest and poorly aligned incentives between insurers, administrators, intermediaries and other sector participants that result in insurance products that, in addition to being unfriendly, are sold at prices that are too high.
The recent industry-lead investigation that has highlighted abuses taking place in the credit insurance market is just one example of the prevalence of poor market practice. In line with belief that the interests of the people of South Africa must be defended, the National Treasury has therefore flagged this work as priority for the year ahead.
The previous financial year also saw the promulgation of the Cooperative Banks Act which seeks to encourage a development strategy and establish a regulatory framework for deposit-taking financial services co-operatives such as village banks and savings and credit co-operatives.
To assist with the implementation of the legislation, National Treasury, together with the South African Reserve Bank is in the process of finalising the draft regulations which will soon be published for public comment.
The Cooperative Banks Act also establishes the Co-operative Banks Development Agency, whose primary functions include the provision of the support for cooperative banks; the supervision of primary cooperative banks and the implementation and management of the deposit insurance fund for cooperative banks.
This key component of the Act is being given effect by National Treasury through the finalisation of the requisite logistics to establish the Co-operative Banks Development Agency as well as the appointment of Board Members of the Agency.
While efforts are being made to enhance financial stability in South Africa, great strides have also been made in advancing transformation in the financial sector and promoting access to financial services. Through the Financial Sector Charter over R200 billion has been invested into the South African economy since 2005 in various sectors of our economy.
As at December 2006 the financial sector companies have invested over R45.3 billion in the South African economy through the targeted investments. Investment in transformational infrastructure increased to R9.1 billion while lending for low-income housing increased to R25.7 billion. The reporting institutions further increased their lending to small and medium enterprises to R9.8 billion while R603 million was invested towards emerging agricultural development.
The sector has also invested over R54 billion through the Broad-Based Black Economic Empowerment financing target in other sectors of the economy including vendor-financed ownership deals in the financial sector itself. It is important to stress that these investments have been made in the most prudent manner possible. The underlying principle of the Financial Sector Charter, which prescribes that transactions be carried out on commercial basis and that they also pass the stringent risk-management tests, has proved extremely useful in the context of the prevailing conditions in the global credit market.
As a result, the South African low-income housing finance market has shown tremendous resilience in the context of the global subprime crises. Stringent responsible lending rules were applied as contained in the National Credit Act and its regulations. Under the Financial Sector Charter, the credit profile of the target market is not necessarily "below prime", the criteria is simply that the household has to earn below R9000. In essence, low income households earning between R3 500 to R9000 with an acceptable credit risk profile were the largest beneficiaries of the R25 billion low-income housing financing under the Financial Sector Charter.
It is also worth noting that over 4 million people in the LSMs 1 - 5 who previously did not have access to basic banking services have now been included in the formal banking system through the Mzansi bank account. The Financial Sector Charter Council has recently adopted two further standards for retail products intended for low-income people, namely the Zimele standards for life insurance and the Fundisa fund for collective investment products. These standards will lead to more Mzansi-type products on life insurance and collective investments designed for the low-income earners.
Chairperson significant progress has been made on the implementation of 2010 FIFA World Cup projects including those projects implemented by our National Government Departments. During 2007 the Ministry of Finance, through my office, regularly convened the 2010 FIFA World Cup Technical Co-ordination Committee. This Committee has functioned successfully and has reported on key 2010 FIFA World Cup delivery issues to the Inter-Ministerial Committee which is co-ordinated in the Presidency. Through these two Committees we are confident that 2010 FIFA World Cup projects are well co-ordinated and completed on time.
In addition, during 2007 the Ministry of Finance through the National Treasury, South African Revenue Services and the South African Reserve Bank designed the necessary work plans to implement the tax and foreign exchange control guarantees signed by the Minister of Finance. This work is proceeding well with the key objective of ensuring that the 2010 FIFA family's tax and foreign exchange control matters are processed timeously.
The resources allocated to 2010 FIFA World Cup projects are significant and escalation of costs is an issue that must be addressed. The 2010 unit within the National Treasury has implemented checks and cost controls to track the escalation of input costs on stadiums and other infrastructure projects.
We are confident that construction of all stadiums will be completed within the specified timelines and facilities will be ready by October 2009 to allow for the identification and allocation of seats and issuing of tickets.
Madam Speaker, as the Chairperson of the Board of the Public Investment Corporation Limited, I am pleased to note that as at 31 March 2007 the PIC manages assets valued at R719, 8 billion. This makes it one of the largest investment managers on the African continent. Their clients are public sector entities, most of which are pension, provident, social security or guardian funds and the PIC's role is to invest funds on behalf of these clients.
This is based on the investment mandates set by each client and approved by the Financial Services Board. I want to remind the House that the PIC is wholly owned by the South African government and was established as a corporation on 1 April 2005 in accordance with the Public Investment Corporation Act, 2004.
More than a year ago, the Public Investment Corporation's Corporate Governance Policy was made public. This policy is based on international best practice and was widely discussed with leaders in this field. It spells out what the PIC wants from companies in which they are invested in. The PIC also recently became a signatory to the United Nations Principles of Responsible Investment. These principles are also embraced in the PIC's Corporate Governance Policy.
From the point of view of Black Economic Empowerment transactions, we recognise that the majority of businesses in South Africa have embraced the transformation agenda that is required to move us away from our beleaguered past. However, transformation is still lagging in the Boardroom and the latter is equally critical to our longer term economic success. This issue has been placed high up on the PIC's corporate governance agenda to ensure that boardrooms become a true reflection of the demographics of our country.
We are pleased that many companies recognise the importance of good corporate governance principles and practices. We are grateful for their willingness to work together and we acknowledge these efforts. To those companies that are still not adhering to good corporate governance, we will continue to engage with them in an effort to resolve these matters. However, if nothing else works, as the PIC will have to revert to more activist shareholder management.
Honourable members as you would recall that the Interim Constitution gave effect to the Special Pensions Act No. 69 of 1996 in that it provides for the payment of pensions to persons who made sacrifices or served the public interest in establishing our non-racial democratic constitutional order. These persons as a result of their sacrifices were therefore unable to or prevented from providing for pensions for a significant period. The legislation also makes provision for the payment of a survivor's lump sums to their eligible dependant.
Despite amendments to the Act in 1998, 2003 and 2005 to increase benefits, improve accessibility of benefits and address technical and implementation difficulties, inequities remained a cause for concern in the treatment of survivors and pensioners. Furthermore, there was also the challenge of how to deal effectively with the plight of those individuals who did not qualify in terms of the age criteria, those referred to as the 'under 35s'.
In April this year, Cabinet approved amendments to the Special Pensions Act, to be tabled in the National Assembly in a few weeks that will alleviate and, where possible, remove these inequities within available resources.
These amendments will extend the right to pension to persons who were 30 on 1 December 1996. It will also extend the right to a spouse's or orphan's pension to surviving spouses or orphans of a person whom was 30, on 1 December 1996 and had died prior to the date on which the Amendment Act takes effect In addition, this right of a spouse's or orphan's pension will be extended to surviving spouses or orphans who received a survivor's lump sum benefit only and the right to funeral benefits will be extended to all category of persons referred to.
It is our firm belief that the proposed amendments will go a long way in providing additional financial relief to those who valiantly fought for a non-racial democratic constitutional order and who in some instances paid dearly with their own lives. The contributions made by those falling comrades will never be forgotten.
In conclusion, Honourable Speaker, it is crucial that as policymakers we continue to provide leadership in incentivising our financial sector to remain at the cutting edge of financial innovation while complying with international standards. Our regulatory authorities have to continually keep pace with private sector innovation and constantly seek to implement measures to close regulatory gaps which will constantly appear for as long as the dynamism and vibrancy that underpins our financial sector remains.
The current wave of the transformation imperative and financial access initiatives within the Financial Sector Charter must be supported and encouraged. Our Financial Sector Charter cannot be said to be fully efficient if a significant number of South Africans is excluded from financial services.
Every effort will be made to ensure the effective and efficient implementation of the Special Pensions Amendment Act; once Parliament has approved it.
The Minister previously alluded to the important work being done by the entities that report to him. In this regard, I would like to express my appreciation for the manner in which the Portfolio Committee of Finance under the guidance of the Honourable Nene interrogated the strategic plans and budgets of the South Africa Revenue Services and Statistics South Africa. I had the honour of leading the delegations that presented their plans to the Portfolio Committee and was pleased to note the vibrancy of our democratic process that we fought so hard for.
Madam Speaker we can't conclude without reflecting on the recent tragic events and disgraceful actions of some of our citizens. All political parties, all honourable men, women and even children in schools have condemned these cruel and unjustified attacks predominantly on foreigners by these callous criminal mobs. We as South Africans truly believe that South Africa belongs to all who live in it and that all human beings have equal worth.
This assertion must not be an empty distant cry as author Philip Roth puts it "of a distant place and time, a spectral residue of those rapturous revolutionary days when everyone craving for change programmatically, naively - madly unforgivable - underestimates how mankind mangles its noblest ideas and turns them into tragic farce. As though human wiliness, weakness, stupidity, and corruption didn't stand a chance against the collective, against the might of the people pulling together to renew their lives and abolish injustice". South Africa belongs to all who lives in it. Human life has equal worth.
Finally, I would like to thank the Minister of Finance, the Commissioner of the South African Revenue Services, the Director-General of the National Treasury and the Statistician General of Statistics South Africa for their continued leadership and guidance in all our initiatives.
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Let me welcome all of you to the 2008 Bank Conference on Development Economics. It is appropriate that we are able to host you in Cape Town, not least because in this city the challenges of development are starkly apparent - yesterday's newspapers reported with relish that a single apartment, not one kilometre from where we meet, was sold for R 110 million ($14 million), and not ten kilometres away we see the poor scramble against each other for the most basic accommodation. This is the challenge of Cape Town, of South Africa and the world.
This is why the theme of this conference "People, Politics and Globalisation" is so very appropriate.
Just over six years ago, we gathered at Monterrey in Mexico to agree on a partnership that we fervently believed would alter the course of economic development into the future. African leaders confirmed this theme and tabled a programme for continental transformation entitled a "New Partnership for African Development (NEPAD)". Acting on these commitments, many countries moved toward more stable macroeconomic outcomes, improved on the capacity to deliver services and implement pro-growth and pro-poor economic and regulatory policies. These achievements have given many countries the first opportunity to reap the benefits of both tough economic policies and of globalisation.
There have been significant research initiatives such as the Commission on Global Public Goods and the Commission for Growth and Development. In respect of the latter a thorough analysis was undertaken of the growth incidences between 1950 and 2005, attempting to understand the features of such growth, the measure of interaction between countries and the impact on the living standards of people in high growth countries.
Amongst the observations of the CGD is the reality of growing income disparities across the world, occasioned by technology changes, shifting relative prices and by globalisation itself. The commission report draws attention to the findings of the 2007 Pew Survey of Global Attitudes which suggests that support for globalisation is flagging, especially amongst the citizens of developed and of some developing economies.
The questions before this conference relate to sustaining the growth momentum and ensuring that the benefits of growth are far more inclusive than what we what witnessed until now. Much emphasis should also be given to that tangible set of global commitments that measure progress against want, the Millennium Development Goals.
These discussions are framed by the reality of rapidly rising prices of food, fuel and finance, a convergence that threatens to roll back many of the recent gains in respect of each of the dimensions of our theme - people, politics and globalisation.
Whilst this conference is not intended to conclude with a declaration - we know that the shared observations that will emerge from here are keenly awaited. This year will see the United Nations advance further in its discussions of food security, of the MDG's and of the Financing for Development.
None of us can afford to ignore the harsh realities that seek to erode the gains that we have until now taken for granted. The moment calls on us to dig deep within ourselves and advance a new, rational set of ideas to be pursued by thinkers and policymakers everywhere.
Allow me now to introduce the new Chief Economist of the World Bank, Mr Justin Lin to share with us his observations.
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The National Treasury will, subject to market appetite, switch the R153 government bond with a coupon of 13.0% maturing on 31 August 2010.
The date of the auction is 27 June 2008.
Methodology: The switch auction will be on a cash neutral basis and an All-In-Pricing method is applicable. However, bids will be submitted in terms of yield.
The National Treasury reserves the right to decide the maximum amount to be switched.
The source bond for the auctions is the R153 (13.
Participants have the option to switch from the source bond into any of the applicable destination bonds mentioned above.
The switch auction will be conducted on a multiple yield basis (American style).
Offers to switch out of the source bond (R153) should be for a minimum nominal amount of R10 million and thereafter in multiples of R5 million.
Results : 11h30 14. An indicative yield for the source bond will be published at 09h30 on the day of the auction on Reuters, Bloomberg and the SARB's website.
15.1 A facility is available to successful participants to top-up any odd-lots of the destination bonds allotted to the nearest R1,0 million.
15.2 The top-up amounts will be sold to the participants at their respective allotted yields/prices.
15.3 This facility will be available until 12h00 on the following business day and the SARB dealing desk can be contacted in this regard.
15.4 Odd-lots will settle on a T+2 basis.
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INTRODUCTORY SPEECH BY THE MINISTER OF FINANCE MINERAL AND PETROLEUM RESOURCES ROYALTY BILLS, 2008 24 June 2008 1.
Madam Speaker, before us today is the much anticipated and debated Mineral and Petroleum Resources Royalty Bills, 2008. These Bills complete the policy framework arising from the Mineral and Petroleum Resources Development Act (Act No. 28 of 2002) (the "MPRDA"), which restructured all South African mineral rights. As many in this Assembly remember, the MPRDA requires conversion of all "old order" rights into "new order" rights by 1 May 2009. The newly proposed royalty is designed to tie into this conversion.
It should be noted that the proposed royalties have been the subject of extensive consultation and debate. Numerous meetings and workshops were held to ensure that the final versions of these Bills are consistent with the best interests of all stakeholders and the objectives of the MPRDA.
In deciding the appropriate base, it is crucial to have a clear understanding of the primary objective of resource royalties. Resource royalties are not a tax; they instead represent compensation for the permanent loss of non-renewable commodities. These royalties are payable to the State as custodian of the country's mineral wealth.
Based on extensive international comparisons and practical considerations, it was decided that the tax base will be the value of the minerals mined and transferred (i.e. an ad valorem gross sales charge). We resisted proposals to use the profit of the mine as the base of the royalty calculation. Resource rents or mineral royalties should be payable irrespective of whether mining companies make a profit given the irrecoverable loss of mineral resources.
Earlier versions of the Bill provided for different specific royalty rates for the various mineral resources. These different specific royalty rates were largely based on international comparisons and an implicit assumption that the more valuable resources (e.g. diamonds) should be subject to higher royalty rates.
However, a need existed to provide some form of relief in the form of lower royalty rates in the case of marginal mines - both during start-up operations and when a mine is close to the end of its lifespan. In order to remedy these concerns, the final version of the royalty utilises two formulae - one for refined mineral as listed in Schedule 1 and one for unrefined minerals as listed in Schedule 2.
The logic of having two formulae is that refined minerals have undergone more processing and therefore more costs were incurred to develop the mineral ore into its refined stage. This results in a larger base (gross sales) - hence, the slightly lower royalty rates. In the case of unrefined minerals, the production chain is shorter, resulting in a relatively smaller tax base - hence, the slightly higher royalty rates.
The formula not only provides automatic relief for marginal mines but also allows for the State to share in the upside in times of high commodity prices. The royalty rate structure should thus provide for long-term certainty and predictability to both the State and the private sector.
It is important to stress that the MPRDA protects the right of certain communities to continue to receive community royalties. The proposed royalty equally does not interfere with community royalties. In addition, community royalties will not be allowed as an offset against royalty payments to the State. Contrary to the views of many mining companies and analysts, payments to communities should not be viewed as double royalties. Mining companies and communities are also encouraged, where appropriate, to convert the interests of communities into equity. Some mining companies and communities have already concluded successful negotiations in this regard.
Both labour unions and mining companies have requested that revenues from mining and petroleum royalties be ring-fenced for projects identified in mining towns. The earmarking or ring-fencing of mineral royalty revenues is not supported. Not only is earmarking contrary to sound fiscal policy, but also earmarking would negate the underlying principle of the MPRDA that the minerals of our country belong to all South Africans.
Notwithstanding these concerns, on-budget spending is supported to the extent this spending targets mining and labour supplying communities directed at human and/or local economic development. In this regard, a clear framework to prioritise projects, develop effective partnerships, and governance guidelines will be critical.
There is much debate about the benefits of being a country that is endowed with mineral and other natural resources. The discovery of minerals with which South Africa is so richly blessed have been critical for the development of the South African economy. Unfortunately, the benefits of these vast mineral resources, some of which are about to be depleted, have historically accrued to only a few. Although the MPRDA lays the foundation to ensure that the mining industry transforms to the benefit of a larger section of our nation, much more needs to be done to ensure that all citizens, ordinary workers and local communities share in these benefits. The Mineral and Petroleum Resources Royalty Bills, of 2008 will make a contribution towards greater transparency, sustainability and this wider distribution of benefits.
I would like to thank Chairman Nhlanhla Nene and the members of the Portfolio Committee on Finance (PCOF) and also the Chairman and members of the Mineral and Energy Portfolio Committee for their valuable role in the process. Madam Speaker, I hereby introduce the "Mineral and Petroleum Resources Royalty Bills, 2008."
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Madam Speaker, the Special Pensions Amendment Bill, 2008, being debated in this House today extends the pensions and funeral benefits provided for under the Special Pensions Act, 1996 to a wider group of deserving persons, and their survivors.
The House will recall that the Special Pensions Act No. 69 of 1996 gave effect to section 189 of the Interim Constitution, 1993 (Act No. 200 of 2003), in that it provides for the payment of pensions to persons who made sacrifices or served the public interest in establishing a non-racial democratic constitutional order and as a result were unable to or prevented from providing for pensions for a significant period, and for the payment of certain benefits to their survivors.
Amendments to the Act were passed in 1998, 2003 and 2005. The amendments primarily increased benefits, improved accessibility of benefits and addressed technical and implementation difficulties. Despite these amendments, however, inequities remain a cause for concern in the treatment of pensioners and survivors.
The Special Pensions Amendment Bill is aimed at alleviating and, where possible, removing these inequities within available resources, while remaining true to the spirit and intent of section 189 of the Interim Constitution. The Bill contains three significant amendments to achieve this.
Firstly, an amendment is proposed to extend the right to a pension to persons 30 years of age on 1 December 1996, but not yet 35 years of age. This will be paid retrospectively from 1 April 2001, which means that it will be paid with effect from the year before the recipient would have turned 35.
The revised age-criterion of 30 is informed by the fact that in qualifying for a pension an applicant would have had to be at least 19 in 1985. The age of 19 in 1985 appears to be reasonable taking into account that in general working people typically begin providing for a pension at about the age of 25, and often later.
It should be noted that applications for this benefit must be made by 31 December 2010. It is clearly necessary to expedite this process, because the longer the delays in dealing with these matters the greater the risk of loss of information, contestation about entitlements and exposure of the fiscus to fraudulent applications.
persons who were 30, but under 35 on 1 December 1996 and had died prior to the date on which the Amendment Act takes effect.
A qualifying spouse or orphan will be entitled to receive these benefits on application and, if the application is approved, from the date on which the application was made.
Thirdly, an amendment to Schedule 3 of the Act that provides for the levels of pensions payable, is also proposed. The amendment clarifies the amount that will be paid by persons in the various age categories.
The Act as originally drafted provided for three levels of pension after the age of 60, dependent on age as at 1 December 1996.
The amendment will allow persons aged 30 to 50 in December 1996 to migrate to the 50 to 65 category once they attain the age of 50 and for persons in the 50 to 65 category (on 1 December 1996) to migrate to the 65 and older category once they attain the age of 65.
The anticipated total cost associated with the amendments is R3.7 billion in present value terms. The costs associated with the amendments to be funded through annual appropriations over the next three years are expected to amount to R500 million a year.
Finally, Madam Speaker, the Bill proposes several amendments to improve the administration of the Act. The National Treasury is made responsible for administering the Act and a new appeal board is provided for. The Minister is further empowered to designate another department, government component or public entity to administer the Act in the place of the National Treasury, should this be deemed appropriate.
In closing, let me re-iterate that the purpose of the Special Pensions Act is to provide for the payment of pensions to persons who made sacrifices or served the public interest in establishing a non-racial democratic constitutional order and as a result were unable to or prevented from providing for pensions for a significant period, and for the payment of certain benefits to their survivors. It is trusted that the Bill enhances this purpose and honours the intent and spirit of the Interim Constitution that led to the Special Pensions Act.
I would like to convey my special thanks to the Portfolio Committee on Finance, under the chairmanship and steady hand of Mr Nhlanhla Nene. The Committee consistently provides an insightful review of legislation placed before it for consideration.
Madam Speaker, I hereby request that the House pass the Special Pensions Amendment Bill, 2008.
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Madam Speaker, the Financial Services Laws General Amendment Bill, 2008, being debated in this House today addresses urgent technical and regulatory issues in a number of our financial sector laws.
The proposed amendments are required in order to update existing legislation, to close regulatory gaps in existing statutes, and importantly, to provide for increased enforcement capabilities of the Financial Services Board (FSB) in terms of the laws administered by it.
Some high profile cases of abuse, such as the Fidentia matter, have highlighted the need for tighter financial sector laws, better enforcement capability and improved coordination between various regulators and statutory bodies in the financial sector. National Treasury has commenced a process whereby lacunae in statutes and coordination between regulators can be improved. This work is on-going, but there are a number of important interventions which can be made at present in order to provide consumers with increased peace of mind and protection.
Madam Speaker, I must mention that none of what is proposed impedes our criminal justice process, and in fact assists it. It is my unwavering belief that white collar criminals who steal from all and sundry, but especially from blue collar workers, must spend time in jail!
In terms of the Bill before the House, it is an accepted principle of financial regulation that supervisors need the power to take action against those who are not compliant with the law. The Bill proposes the establishment of an Enforcement Committee, building on the model ratified by this House when passing the Securities Services Act in 2004.
Under that Act, the Enforcement Committee's scope is limited to cases of market abuse and insider trading. Proposed in the Bill is an extension of that model to all the laws under the administration of the FSB.
This implies that Registrars at the FSB will be able to refer matters to the Enforcement Committee. That Committee, as is currently the case under the Securities Services Act, will have the ability to impose administrative sanctions and grant compensation orders to those identified who have suffered loss. Protecting the fundamental rights enshrined in our Constitution, access to court is not impeded. A party aggrieved with the decision of the Enforcement Committee may take the matter to Court.
Madam Speaker, the establishment of this enforcement mechanism is a major step forward in the architecture of our regulatory system, but is not the only improvement proposed in terms of the operation of the FSB. As members of this House are aware, the FSB has, in terms of statute, an independent Appeal Board which hears appeals against decisions made by the respective Registrars at the FSB.
Since the establishment of the Appeal Board, the regulatory scope of the FSB has been significantly extended by the passing of legislation such as the Financial Advisory and Intermediary Services Act, which has brought some 14 000 intermediaries into the net. This inevitably has meant that the number of appeals against a decision of whichever Registrar have increased, and accordingly implies that the structure of the Appeal Board needs to be reviewed so that matters referred to it are heard timeously.
The Bill therefore proposes a re-structured Appeal Board which will be sufficiently resourced to deal expeditiously with matters placed before it, by being able to hear a number of appeals concurrently.
Madam Speaker, in the time allotted I would now like to turn to some of the key proposals contained in the Bill, which seek to reinforce the principle of consumer protection embedded in our financial sector laws. Firstly, in terms of the Pension Funds Act, the Bill establishes "beneficiary funds" which will be entitled to receive benefits following the death of a member. These monies often previously went into trusts not under the supervision of the FSB and where little oversight was possible. In future Madam Speaker, our widows and orphans entitled to such monies will be afforded the protection of the Registrar of Pension Funds and the Pension Funds Adjudicator.
Secondly, with respect to the National Payment System Act, the Bill proposes the inclusion of non-bank clearing system participants who are currently outside the supervision of the South African Reserve Bank. This enabling provision in the Bill is a step towards improved competition in banking, and the regularisation of the affairs of the PostBank under the watchful eye of the Reserve Bank.
Thirdly, the House will remember that in 2002, the Financial Advisory and Intermediary Services Act was passed. Sufficient time has elapsed since then so that we are in a position to assess and review the provisions of that Act, following the intensive registration and licensing process. Great strides have been made by the Ombud for Financial Services Providers in providing affordable and independent recourse to the consumer.
The Bill's focus however is on greater enforcement of the provisions of the FAIS Act and it therefore proposes the tightening of a number of provisions dealing with the suspension and withdrawal of a financial services provider's licence, the "naming and shaming" of wrong-doers, and stronger provisions regarding inspections and on-site compliance visits by the regulator.
Madam Speaker, in closing, let me re-iterate that the Bill bolsters a number of our financial sector laws. It vitally provides the FSB with the necessary claws and teeth whereby to pursue its prey, and is a crucial step forward in the protection of the financial services consumer.
I would like to convey my special thanks to the Portfolio Committee on Finance, under the chairmanship and steady hand of Mr Nlanhla Nene. The Committee consistently provides an insightful review of legislation placed before it for consideration.
Madam Speaker, I hereby request that the House pass the Financial Services Laws General Amendment Bill, 2008.
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The Insurance Laws Amendment Bill, 2008, being debated in this House today similarly to the Financial Services Laws General Amendment Bill addresses urgent technical and regulatory issues in both the Long-term and Short-term Insurance Acts. The amendments are contained in one amendment Bill as many of the provisions appear in both Acts and are therefore being effected essentially for the same reasons.
Madam Speaker, in broad terms the proposed amendments to the Long-term and Short-term Insurance Acts are required in order to close regulatory gaps identified in existing statutes, to effect improvements to certain provisions of existing legislation, and to update outdated references.
Clarify the regulatory demarcation of products between health and financial services to ensure alignment between health and financial sector policy.
Madam Speaker, in closing, I would like to remind this House that the proposed amendments are crucial to strengthening consumer protection, enhancing financial stability and removing legal uncertainty across the Acts. I would like to convey my special thanks to the Portfolio Committee on Finance, under the chairmanship and steady hand of Mr Nhlanhla Nene. The Committee consistently provides an insightful review of legislation placed before it for consideration.
I hereby request that the House pass the Insurance Laws Amendment Bill, 2008.
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The National Treasury welcomes the release of the Executive Overview of the Banking Enquiry Report by the Competition Commission of South Africa. The Enquiry Panel comprising of Mr Thabani Jali (Chairperson), Mrs Hixonia Nyasulu, Mr Oupa Bodibe and Adv. Rob Petersen SC are to be congratulated for their commitment, professionalism and integrity observed over the process. The extensive public participation should also be applauded.
Competition and efficiency in the financial sector are significant priorities for the National Treasury, and we strongly support the public interest in this regard. The National Treasury therefore acknowledges the release of the Banking Enquiry report as a crucial first step towards achieving greater competition in the retail banking sector. The report is well positioned to inform a policy debate that promotes the objectives of providing accessible, affordable and good quality banking services to all South Africans. The primary objective of protecting consumers and promoting growth through ensuring financial system stability still remains key. Importantly, it must be recognised that the report in itself does not constitute this debate, but initiates such debate.
The Banking Enquiry report is intended to advise the Competition Commissioner on competition issues in retail banking in South Africa. Although the Panel embarked on extensive consultation process since its inception in August 2006, such consultation was not conducted as part of the legislative powers of the Commission and does not constitute an investigation. The Commissioner has a responsibility to make the report public in order to facilitate a response from Government, the banking sector and the general public, before deciding on whether to proceed with any investigation in terms of section 49B of the Competition Act.
With these issues in mind, Government is committed to putting in place a process to explicitly consider each proposal and its impact on the industry and consumers, concluding in a policy response for the Competition Commission over 2008/2009.
To minimise any adverse impact on the market and to agree with Government on how to proceed in responding to the report, the Competition Commissioner has in the last two weeks initiated consultations with Government and the banking and national payments system regulator over the main recommendations of the summary report.
Besides noting that some of the recommendations have over the course of the enquiry already been partially implemented, both independently by the banking sector and through new legislation passed, the National Treasury is studying both the Executive Overview and the full report and will comment at an appropriate time.
For media enquires please contact Thoraya Pandy on 082 416 8416 or Lindani Mbunyuza on 083 327 9987.
<fn>GOV-ZA.2008062601En.2012-02-10.en.txt</fn>
The South African government and representatives of the trade union federations Cosatu and Fedusa will address the media about unfounded rumours encouraging people to withdraw their pension and provident funds before 2010 because of pending retirement and social security reforms. The briefing will take place on Friday June 27 2008 (tomorrow) at the Union Buildings in Pretoria.
<fn>GOV-ZA.2008062701En.2012-02-10.en.txt</fn>
Government and Trade Unions share a commitment to improve the living standards of our people, and want to collaborate in working towards this objective. Part of this commitment is to ensure that all workers are able to live a better life when they retire, rather than live in dire poverty in old age.
Government and Trade unions are therefore committed to introducing a compulsory comprehensive savings scheme for all workers, as part of the reform of our social security system. These positive reforms seek to encourage all our people to save with assistance for lower income workers, and at the same time to lower the costs of administration by setting up a national contributory savings fund so that we can take advantage of economies of scale. This is not only good for the individual, but good for the country as a whole, as we have to save more in order to invest more, and so that our economy can grow even faster for the benefit of all our people.
The reforms also support the efforts of everyone who has saved for retirement in the past, and recognises that such deferred income is amounts they have set aside for a rainy day. We have every intention that a reformed social security and retirement system will reward and encourage such savers even more than in the past.
We intend to build on current legislation like the Pension Funds Act and recent amendments which protect such investments in pensions and provident funds, and which also ensure that workers receive their fair share from past surpluses where applicable. We should balance the need for high growth in such savings against the temptation for early withdrawals for current consumption. The proposed social security and retirement reforms will ensure that people not only preserve their savings, but will continue to allow them to withdraw some of their retirement savings, under certain circumstances such as retrenchment. Therefore, aside from allowing savers to decide on what they want to do with savings they have when the new system is introduced, we have every intention of ensuring that a reformed pension system rewards savers even more than in the past.
Both Government and Labour are committed to such principles. Government will negotiate with trade unions and all other social partners through NEDLAC, and also consult the wider public via Parliament.
We are aware that some unscrupulous individuals and service providers have started to circulate rumours suggesting that Government will nationalise or take away the money in pension and provident funds in 2010, and that workers should be encouraged to withdraw such funds now, in light of Government's intention to reform the pension and social security system. We call on all shop stewards and trustees of pensions and provident funds to report these unscrupulous individuals and service providers to trade union offices, Government or the regulatory agencies.
This is a gross misrepresentation of the truth. It would be patently unconstitutional for Government to attempt to commandeer individual savings. Moreover, it is unthinkable that Government or trade unions would want to inflict hardship on working people who have saved. Government, COSATU, FEDUSA and NACTU wish to unequivocally dismiss these rumours as malicious and untrue, and jointly state that the rights and choices attached to existing savings will continue to be protected. We reassert our fundamental belief that we must ensure that workers continue to live their lives with dignity when they retire from pensions and provident funds.
Government and Labour pledge to work together with all stakeholders, including workers, shop stewards and trustees of pension and provident funds, to get this message to our people.
To this end, Government, together with Labour, will organise roadshows as part of the process of broader consultation with workers and communities.
<fn>GOV-ZA.2008070101En.2012-02-10.en.txt</fn>
At the turn of the century, the world community set itself clear and measurable targets for development: the Millennium Development Goals (MDGs). From the outset, it was recognised that realising these ambitious goals would depend on a renewed and deepened partnership that included the need for wide ranging institutional reform at national and global levels and significant increases in the resources for financing for development.
But as Louis Michel reminded us yesterday, that vision - bold as it was - was not underpinned by a clear set of commitments and plans that each of us, as responsible members of the family of nations, would be held accountable to.
In Monterrey in 2002 the UN Member States came together in a partnership to solve this problem. Together, we identified areas requiring catalytic actions by both developed and developing countries.
The Monterrey Conference and its Consensus provided us with a compelling vision for common action. It generated innovative ideas and inspired us to make concrete progress in financing development. It brought together all the international institutions tasked with economic governance in a common framework providing focus for a collective global response to the critical challenges of poverty and human development.
The Monterrey Consensus was a global partnership built on two critical pillars. First was the acceptance that each country has a primary responsibility for its own economic and social development. Certainly the structure of the world economy might remain a constraint on development. But the inequities of the past, no matter how much they are reproduced in the present, are no basis for rejecting the logic that sustainable development must rest on sound policies and good governance. The second element of our partnership was the acceptance that the delivery of these policies would call forth greater quantities of financing for development.
There would be symmetry of effort in building the conditions for development on the one hand, and ensuring that financial flows supported this process on the other. This is the essence of Monterrey and the partnership proposed in the consensus. But what was particularly important about Monterrey is that we all made very specific, quantifiable commitments.
These targets were given even greater force when the G8 met in 2005 and put in place bold plans backed by clear resource commitments on ODA, on debt relief, on climate change and on meeting the Millennium Development Goals, especially in Africa.
Monterrey is for development what Rio is for climate change.
the framework against which all of our efforts will be measured. It was an agreement whose arrival was already overdue. Its promise cannot be lightly brushed aside. The commitments we made are unlikely to be forgotten. As new challenges arise, the correctness of Monterrey's remedies is likely to be reaffirmed. Its message will not be diminished through lack of progress on implementation, or on outcomes. Instead, its clarity of vision is likely to be reinforced.
Your Excellencies, it is with great honour that Minister Heidemarie Wieczorek-Zeul, and I have accepted the Secretary General's invitation to work as his Special Envoys for the Doha Conference. We are pleased to do so, because we believe that in the context of old and new challenges that the world faces today, the global partnership agreed to in Monterrey needs to be reaffirmed and strengthened. I want to take the liberty to say, on behalf of Minister Wieczorek-Zeul and myself, that we will not expect anything less than the best possible outcomes for Doha.
We have two basic tasks to undertake at Doha. The first is to review the progress we have made towards meeting the commitments we made together in 2002. In this regard we must be unequivocal in holding countries to account. This will prove to be extremely difficult - firstly governments do not wish to be reminded of past commitments made; secondly, most governments tend to part reluctantly with financial resources, even to meet the needs of their own citizens, and the spirit of Monterrey is about partnership and parting with financial resources; thirdly, notwithstanding commitments made, we are likely to be reminded by various governments of the change in circumstance - increases in the costs of food, fuel and finance. These three factors will be in sharp relief in the landscape of development co-operation over the period between the present and the Doha conference.
The second and related task is to jointly define a series of measures to put us back on track to meet the goals our leaders had set at the Millennium Summit, confirmed at Monterrey in 2002, and underscored at Gleneagles in 2005. I say this because, as is reflected in the documents before this forum, we are clearly not on track.
Just as in the approach to Monterrey in 2002, there are many factors which should serve to focus our minds. The landscape of financing for development has been shifted by new dangers in an ever more interdependent world.
Central to these are the interconnected set of crises that we could summarise in three (English) "F words": Finance, Food and Fuel.
The crisis of Finance in part reflects the failure to heed the lessons of 1998. Although the epicentre of the financial disruption is very different now, many of the underlying factors that were responsible for 1998 are similarly present: global imbalances, weak financial governance at various levels, asset price bubbles and the failure to take seriously the words of the Monterrey Consensus that say (at paragraph 52) "In order to complement national development efforts, we recognize the urgent need to enhance coherence, governance and consistency of the international monetary, financial and trading system".
The global food crisis partly reflects a series of supply side factors. But its impact, particularly on the poorest, is a measure of our failure to change the world of financing for development. Had we consistently and resolutely implemented what we said in 2002, the dangers that the food price spike poses for political stability and social cohesion may have been less severe. And perhaps we would have been better able to respond to the direct threat that these developments pose to the realisation of the Millennium Summit's vision. World Bank President, Mr Bob Zoellick suggests that the renewed hunger and the concomitant resource diversion in poor countries could put the attainment of our goals back by 5-7 years.
Many gains have been made in creating conditions for the domestic mobilisation of resources. Many of these are threatened by the high price of fuel, especially in the oil importing countries. At the same time, fuel prices threaten to exacerbate the challenges in finance and in food. In respect of oil, we must also take a consistent long-term view of the problem - pumping more oil will increase emissions and, at anywhere close to current prices, will merely further distort the global imbalances.
All of this goes to show that procrastination will not make our problems go away. Monterrey sought to respond to a particular set of challenges, in a particular time frame, in part occasioned by a compelling set of development imperatives. The more we postpone the implementation of the response we designed the more these challenges will press upon us. They will not go away.
This is why countries must be held accountable for the commitments they have made. Accountability means merely following through on the decisions taken and respect for multilateral approaches.
I want to emphasise once again the intolerable example of Tanzania that Commissioner Louis Michel mentioned yesterday: 600 projects, each worth less than one million dollars, in one sector, in one country. It would be interesting to multiply these figures across the developing world.
Over the longer term, the problems of food and fuel - which rest on fundamental shifts in underlying economic conditions - require major transformations. Lord Stern put it nicely yesterday in the high level segment - resolving the food crisis requires an expansion of food supply, whilst the fuel crisis requires a reduction in oil demand.
But these shifts in supply and demand cannot be achieved overnight. In the short to medium term they will make the challenges we sought to address at Monterrey even more pointed.
Recently, the OECD Director General, Mr Angel Gurria, tried to press home the fact that "poverty is the ultimate systemic risk. It is the breeding ground for the proliferation of terrorism, armed conflict, environmental degradation, cross border diseases and organized crime". He went on to say "Development co-operation is an important part of the solution to this global challenge, and it starts with development assistance".
But the truth is that we are a long way from meeting our commitments. That is what the OECD has reported.
If we do not meet our commitments a number of adverse consequences will result. The global community will begin to lose faith in the credibility of commitments that global leaders make at so many summits. Unlike the UNFCCC, the Monterrey proposed no legally enforceable mechanism, backed by clear consequences, for the failure of countries to meet their commitments.
Second, if we fail to meet our commitments in terms of ODA made at Monterrey, what hope will the world have in our ability to confront the looming challenge of climate change?
The EU has proposed one way in which we can ensure our commitments are met. This is the adoption of rolling, multi-annual indicative timetables that illustrate how donors aim to reach their ODA targets. Perhaps one element of the package that could inspire recommitment to the Monterrey consensus in Doha is the acceptance of this commitment across all DAC donors.
Perhaps the shifts in the global economy that have taken place over the last five years have created new opportunities to address the challenges posed by Monterrey. For instance, the World Bank has recently proposed that 1% of equity held by Sovereign Wealth Funds be made available for African development.
However we approach these matters, we must be unequivocal in our resolve in bringing countries to account on their prior commitments. Procrastination will never make our problems go away.
Between now and November there are a number of critical milestones along the path: the HLF on Aid Effectiveness to be convened in Accra; the International Policy Dialogue on FfD and the MDG's in Berlin; New York in September for both the negotiations on the Doha document and the High Level meetings on Africa's development needs, and on the MDGs; the Annual Meetings of the World Bank and IMF and then the Doha conference itself.
Perhaps what we should ask ourselves from this inaugural Development Cooperation Forum forward, is what the key elements that we expect from ourselves are. We have to return the world's leaders to an understanding of interdependence - it was there at Monterrey, it must now be reinstated. Failure is not an option. It is the effort in this regard that will define the landscape and dynamics of international development cooperation over the next five months to Doha and beyond.
<fn>GOV-ZA.2008071401En.2012-02-10.en.txt</fn>
The transfer of administrative powers entrusted by the Land and Agricultural Development Bank Act 2002 to the Minister responsible for Agriculture and Land Affairs to the Minister of Finance has been gazetted today.
The decision to transfer was taken after consultations with the Minister of Agriculture and Land Affairs and Minister of Finance took place.
the administration of any legislation entrusted to another member; or any power or function entrusted by the legislation to another member.
The transfer is effective from today, 14 July 2008, and the handover process will be done, which will include the introduction of the Minister of Finance to the board of the Land Bank.
The gazette number is 31246 and will be available at the South African Government Printers in Pretoria at 16h00.
<fn>GOV-ZA.2008071501En.2012-02-10.en.txt</fn>
The world is rapidly transforming and a number of dynamic emerging economies, including South Africa, have become major players and trading partners with the members of the Organisation for Economic Co-operation and Development (OECD).
In this context, the OECD Members have recognised the need for the Organisation to become more open and relevant in order to realise its strategic goal of becoming an important hub for dialogue on globally significant policy issues.
South Africa's relationship with the OECD has deepened since the early 1990s. The OECD's role as a centre for policy development built around analysis, dialogue, peer review and advice based on internationally comparable data has become increasingly valuable to South African policy makers.
The ongoing partnership between South Africa and the OECD has proven to be deep, strong, enduring and mutually beneficial. At the most senior levels of government, South Africa together with other emerging economies participated in the 2008 OECD's Ministerial Council Meeting. South Africa is a member of the OECD Development Centre and is a Party to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions since 2007.
South African policy makers have benefited from participation in OECD forums, expert meetings and capacity building workshops. Officials from South Africa participate in the activities of more than ten OECD committees and a number of working groups as observers, and for some of them, as a participant on an equal footing with OECD Members.
The Economic Assessment Report which has just been released and the forthcoming report on the Education Policy Review are two salient examples which highlight the value that the OECD is able to add to policy development processes in South Africa. South Africa has also benefited from OECD policy inputs on competition policies and practices, technology and innovation, tax policy and administration and agriculture. There has been strong collaboration in building capacity of senior officials on the African continent, especially in financial and taxation matters.
In May 2007, the OECD's Ministerial Council Meeting took a resolution to strengthen (its) co-operation with Brazil, the People's Republic of China, India, Indonesia and South Africa through enhanced engagement programmes. Whilst all five countries have ongoing relationships with the OECD to varying degrees, enhanced engagement offers each partner country the opportunity to work more closely with the OECD in a manner that is more focused, comprehensive, coherent and mutually beneficial. This closer working relationship would enable them to make an even greater contribution to the debates taking place within the OECD.
The South African Government welcomes the enhanced engagement process and we believe that this is an opportunity to build our partnership with the OECD through a strengthened relationship and a more structured interaction, based on mutual interests.
South Africa and the OECD are already pursuing this relationship through a number of ongoing initiatives summarised in the annex to this Statement. OECD Members believe that enhanced engagement should incorporate certain core elements while being incremental in nature and in line with the interests and priorities of partner countries.
As the relationship proceeds, South Africa and the OECD will work to achieve a better understanding of the functioning of the various policy instruments. In the long term, a programme of greater convergence is envisaged between South Africa's social, economic and political structures and the generally accepted standards established by the OECD. South Africa realises that, in making this commitment, a national dialogue involving South African society more broadly will be required and therefore intends to engage fully with stakeholders on the way forward with respect to the partnership between the OECD and South Africa.
Enhanced engagement goes beyond the normal policy dialogue between OECD Members and major emerging economies, like South Africa. Its success will depend on our willingness to establish mutually beneficial areas of work and monitor progress. In this respect, South Africa and the OECD will convene a high-level meeting at least annually in order to assess our progress in building this partnership, and plan future steps.
The launch of the Economic Assessment Report is a crucial first step towards enhanced participation by South Africa in the OECD's programmes of economic surveillance. This work will be strengthened by increased participation of South Africa in the OECD's core multilateral and sector specific reviews.
In the coming months the OECD, in collaboration with the South African National Department of Education, will launch its report on the review of South Africa's education policies and systems.
Under the leadership of the South Africa Department of Provincial and Local Government (DPLG) and Presidency, co-operation will be undertaken with the OECD's Public Governance and Territorial Development Directorate, to facilitate experience sharing and analysis of the spatial development and rural development strategies.
The National Treasury and the OECD will work together to build channels of communication and information exchange between the OECD and the South African policy community, within and beyond government. Key steps in this regard include the establishment of public access depository of OECD information within the National Library of South Africa in Pretoria. Steps will also be taken to encourage greater utilisation of the OECD's web-based facilities which enable government officials to access reports, data and other information.
Working with the South Africa Department of Science and Technology, the OECD will facilitate the registration of South African Science and Technology experts onto relevant OECD databases, thus giving them the opportunity to participate in country studies. Such participation would enable South Africa to share their experiences and also learn further in specialist areas and policy reform.
The South African Government will maintain its observer status and/or membership in relevant OECD structures including the Development Centre, the Committee on Fiscal Affairs and the Competition Committee, Working Group on Bribery in International Business Transactions; the Chemicals Committee, Committee on Scientific and Technological policy, Steel Committee, Committee on Agriculture, and the working groups and working parties of the Committee of Statistics. In addition, the South Africa Government intends to seek observer status in the Territorial Development Policy Committee and the Working Party on Private Pensions.
As part of the country assessment, required in line with the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, South Africa will engage in a Phase 2 assessment which will evaluate the extent to which existing domestic legal instruments are enforced to prevent and address the bribery of foreign officials in business transactions.
<fn>GOV-ZA.2008071801En.2012-02-10.en.txt</fn>
On February 20 2008 Finance Minister Trevor Manuel, MP announced an amount of R60 billion, over a five year period, in support of Eskom's capital expansion programme. Of this amount R20 billion was earmarked for allocation in the 2008/9 to 2010/11 fiscal years. Minister Manuel also announced that the support would be in the form of a loan.
Subsequently, government committed to assist with smoothing the impact of the tariff increases so as to ameliorate the negative impact on Eskom's balance sheet. Government therefore decided to bring forward the disbursements of the facility as follows 2008/9 R10 billion, 2009/10 R30 billion and 2010/11 R20 billion. The terms and conditions of the loan have been designed to be a deeply subordinated loan to ensure that senior unsecured lenders are not prejudiced.
In addition to the deeply subordinated loan, government will consider providing guarantees to enable Eskom to access funding otherwise not available.
Government is cognisant of Eskom's critical role in the economy and the importance of a solid investment grade credit rating and thus remains committed to ensuring Eskom's financial stability.
For more information please contact Thoraya Pandy on 082 416 8416 or Lindani Mbunyuza on 083 327 9987.
<fn>GOV-ZA.2008071802En.2012-02-10.en.txt</fn>
Finance Minister Trevor Manuel today met with the Board of the Land Bank. This follows a proclamation gazetted by President Thabo Mbeki on 14 July 2008, transferring the Land Bank from the Department of Agriculture and Land Affairs to the National Treasury.
The meeting shared observations about the workings of the institution and the challenges facing the Bank. There is an enormous responsibility that the Board would undertake to stabilise the institution. To this end, the Board has accepted the offer by the National Treasury to second Mr Phakamani Hadebe as the interim CEO of the Land Bank whilst the process to find a permanent CEO continues. Mr Hadebe is currently the Head of the Asset and Liability Management Division at National Treasury.
The Minister of Finance has also accepted the withdrawal of the resignations by Mr Modise Motloba and Mr Joe Muthimunye the former chairs of the risk management and audit committees, respectively.
The Minister of Finance would like to give the Board and management an opportunity to apply their minds and finalise the future direction of the Bank. This is a task that requires an environment where the Board is allowed to deal with the challenges ahead and cannot be done in an environment where daily press releases are issued.
The Board also expressed its appreciation for the stewardship of Ms Lulu Xingwana, the Minister of Agriculture and Land Affairs.
For more information contact Thoraya Pandy on 082 416 8416.
<fn>GOV-ZA.2008071803En.2012-02-10.en.txt</fn>
South Africa is an open economy and its economic growth, prosperity and welfare depend on fully accessing global trade opportunities. Consequently, government continuously seek to improve the country's trade and investment environment. This is to be achieved through a host of interventions to reduce the cost of doing business and investing in South Africa. These measures include the introduction of an industrial policy framework, establishment of a robust and predictable tax system, customs administration and tariff reforms, and the stepping up of investments in road, rail and ports infrastructure.
South Africa significantly depends on maritime trade for its international transport needs; however, mostly foreign registered vessels provide this service. The non-South African registered vessels which transport the country's imports and exports translates into significant transport service payments by South Africa to the rest of the world. This amounted to more than R38 billion in 2007. It represents an opportunity cost to South Africa as ships transporting commodities and goods to and from a jurisdiction, create wealth for the country in which the vessels and the shipowning company are registered. A sound economic argument thus exists to revive the declining domestic shipping industry.
In the 2005 Budget, government announced its intention to investigate the possible introduction of a tonnage tax regime in keeping with long-term trade facilitation initiatives. This notional or presumptive corporate income tax system would align South Africa's shipping tax regime with the fiscal systems of other major maritime nations. The tonnage tax will also form an integral part of Government's Maritime Transport Agenda: 2010 which, inter alia, seeks to arrest the decline of the domestic shipping register. By potentially bringing shipping companies' key strategic management decisions back to South Africa the scope of secondary support activities will broaden. This includes a growth in crewing opportunities for South African seafarers. It also has the potential of reducing the sizable transport service payments to the rest of the world, which in turn would have a positive impact on the current account.
The proposed South African tonnage tax regime is based on the 'Dutch model', due to its design and administrative simplicity. It is an elective system, taxing shipping companies at fixed rates according to the size of their ships and days operated during an accounting period, and not according to the company's business income results. Tonnage tax regimes have been successfully implemented in other countries such as Belgium, India, Ireland, the United Kingdom and the Netherlands.
In terms of the tonnage tax proposal a notional profit is computed based on the number and size of ships operated during a year.
For each 100 tons up to 1 000 net tons R4.00 For each 100 tons between 1 000 and 10 000 net tons R3.00 For each 100 tons between 10 000 and 25 000 net tons R2.00 For each 100 tons above 25 000 tons R1.
As a second step the graduated formula of fixed profit per day is applied to the net registered tonnage (NRT) of the vessel, which takes into account only its carrying capacity, and not its gross registered tonnage (GRT).
Thirdly, in calculating the corporate tax liability, the current corporate tax rate is applied to the notional profit, i.e., R25 550 @28% (i.e. the CIT rate), translating into an annual tax bill of R7 154. The proposed tonnage tax differs materially from socalled registration fees payable in Flags of Convenience registers, where a very low and flat rate is applied to the tonnage of the registered vessel. It is important to note that the tonnage tax qualifies as a creditable tax in terms of concluded bilateral tax treaties.
The discussion document proposes further a range of adjustments to standard corporate income tax rules. These changes were informed by the need to draw a very clear, unambiguous and easy-to-administer ring-fence around qualifying taxpreferential tonnage tax activities on the one hand, and secondary and incidental shipping activities on the other. The suggested ring-fence anti-avoidance rules and reform proposals regarding core and secondary/incidental shipping transport activities compare well with international practices in Denmark, the United Kingdom and various other countries.
Anti-avoidance rules for loss deductions, finance costs, thick capitalisation rules, intra-group and inter-company loans, treatment of investment income, adapted transfer pricing rules, thin-capitalisation and CFC regulations.
National Treasury invites the public to submit comments on the draft tonnage tax proposal. Comments should be submitted via e-mail to marie.bertrand@treasury.gov.za or by fax to 012 323 2917 by 31 October 2008.
<fn>GOV-ZA.2008071RegPartBEn.2012-02-10.en.txt</fn>
the turnover generated in the previous fmancial year by any such newly divested asset may be excluded in the calculation of the company's annual turnover, to the extent that any such item was included in the company's income statements on its most recent annual fmancial statements.
152 No.
change the designated principal office, or any other office, or any rehW3!lt c:cmtacf particulars.
The offices of a regulatory agency are open to the public every Monday to Friday, from 08hOO to 15h30, excluding any public holiday established or declared in terms of the Public Holidays Act, 1004 (Act No. 36 of 1994).
a regulatory agency must accept documents for filing as directed by either the Tribunal or a member of the Tribunal assigned by its chairperson.
Transmitted electronically through the medium of any internet facility maintained by the regulatory agency for that purpose.
Chapter 8 -Regulatory Agencies and Administration: Part A-Regulatory Agency Offices and Functions Regulation 164l-r168 166.
The senior officer of a regulatory agency may generally extend any particular time limit set out in the Act or these regulations for filing any document with that agency, to the extent necessary or desirable having regard to the public demand for access to the agency's services, the administrative capacity of the agency to meet that demand, and the interests of efficiency and equality of access.
On good cause shown, the recording officer of a regulatory agency may condone late performance of an act in respect of which the Act or these regulations prescribe a time limit, other than a time limit that is binding on the regulatory agency itself.
may assign any function or power of that regulatory agency to a member of its staff, either generally or in connection with a particular matter.
note the distinguishing number on every copy of that document.
154 No.
if the person is not an individual, the name of the individual authorised to deal with the regulatory agency on behalf of the person filing the document.
may reject any document on the grounds that the requirements of paragraph (a). or a demand issued in terms of paragraph (b), have not been satisfied.
If the Commission has refused to accept a document in terms of sub-regulation (4) (c), the person who was prevented from fIling that document may apply to the Tribunal for an order requiring the recording officer to accept the document for filing, and the Tribunal may grant an appropriate order in the circumstances.
A company may challenge any document filed with the Commission within 10 business days by filing a notice in Form CoR 168.
A filing that has been challenged in terms of sub-regulation (6) is a nullity and must be removed from the register.
The senior officer of a regulatory agency, by notice in the Gazette, may direct that any requirement set out in the Act or these regulations to file a document or communicate with, or make a payment to, that regulatory agency mayor must be satisfied in electronic form, subject to any operational requirements published in terms of sub-regulation (2).
Record retention requirements.
At any time, a regulatory agency may suspend or terminate any electronic services contemplated in this regulation.
A regulatory agency may not charge a fee to any person for filing a complaint in terms of the Act, except with the approval of the Tribunal.
The fee for filing a document with a regulatory agency, or requesting any action by a regulatory agency, is as set out in Table CR1, CR2 A or B.
In the case of electronic payment of fees, payment will be deemed to be received by a regulatory agency on the date and at the time that a direct deposit or an electronic transfer of funds or other electronic payment, in the amount of that fee is credited to the account of the regulatory agency at the financial institution to which it is transferred.
The recording officer of a regulatory agency may not waive or reduce a fee imposed in terms of the Act, except as authorized by the Act or these regulations.
30(1) or (6) which is outstanding due to non-compliance by the company or external company with the requirements of section 33 to file an annual return, will after 6 months from the date on which the annual return was due to be filed, for fmancial accounting purposes of the Commission be regarded as a debt owing to the.
the initial listing fee charged by the relevant excabnge in accordance with its Listings Requirements to a company that is listed during a year and is not charged the annual listing fee.
to the subscription of any option or securities of the Company or a related or inter-related company, as set out in section 44is not limited or restricted by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part B of Schedule 2.
is not limited or restricted by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part C of Schedule 2.
in un certificated form, as contemplated in section 49 (2)(b).
__ in either certificated or un certificated form, as the Board may determine.
The authority of the Company's Board of Directors to authorise the company to issue secured or unsecured debt instruments, as set out in section 43 (2)__ is not limited or restricted by this Memorandum of Incorporation. __ is limited or restricted to the extent set out in Part D of Schedule 2.
__ is limited or restricted to the extent set out in Part 0 of Schedule 2.
The authority of the Company's Board of Directors to allow the Company's issued securities to be held by, and registered in the name of, one person for the beneficial interest of another person, as set out in section 56 (1)is not limited or restricted by this Memorandum of Incorporation. is limited or restricted to the extent set out in Part E of Schedule 2.
In addition to the rights to access information set out in section 26 (1), every person who has a ben~ficial interests in any of the Company's securities has the further rights to information, if any, set out in Part A of Schedule 2 of this Memorandum of Incorporation.
If, at any time, there is only one shareholder of the Company, the authority of that shareholder to act without notice or compliance with any other internal formalities, as set out in section S7 (2), is not limited or restricted by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part A of Schedule 3.
The right of a shareholder of the Company to appoint persons concurrently as proxies, as set out in section 58 (3)(a)is not limitp.d. rp.strictf'd or v<lrif'd bv this Mf'mor<lndum of Incoroor<ltion.
The authority of a shareholder's proxy to delegate the proxy's powers to another person, as set out in section 58 (3)(b)is not limited or restricted by this Memorandum of Incorporation. __ is limited or restricted to the extent set out in Part B of Schedule 3.
The requirement that a shareholder must deliver to the Company a copy of the instrument appointing a proxy before that proxy may exercise the shareholder's rights at a shareholders meeting, as set out in section 58 (3)(c)is not varied by this Memorandum of Incorporation. __ is varied to the extent set out in Part B of Schedule 3.
The authority of a shareholder's proxy to decide without direction from the shareholder whether to exercise,.or abstain from exercising any voting right of the shareholder, as set out in section 58 (7) is not limited or restricted by this Memorandum of Incorporation. __ is limited or restricted to the extent set out in Part B of Schedule 3.
__as determinedin the manner set out in Part C of Schedule 3.
The Company-is not required to hold any shareholders meetings other than those specifically required by the Companies Act, 2008.
The right of shareholders to requisition a meeting, as set out in section 61 (3), may be exercised-by the holders of at least 10% of the voting rights entitled to be exercised in relation to the matter to be considered at the meeting, as provided for in that section, by the holders of at least of the voting rights entitled to be exercised in relation to the matter to be considered at the meeting, despite the provisions of that section.
The authority of the Company's Board of Directors to determine the location of any shareholders meeting, and the authority of the Company to hold any such meeting in the Republic or in any foreign country, as set out in section 61 (9)is not limited or restricted by this Memorandum of Incorporation. __ is limited or restricted to the extent set out in Part B of Schedule 4.
The minimum number of days for the Company to deliver a notice of a shareholders meeting to the shareholders, as required by section 62 is as provided for in section 62 (1). __ is business days before the meeting is to begin.
The authority of the Company to conduct a meeting entirely by electronic communication, or to provide for participation in a meeting by electronic communication, as set out in section 63 is not limited or restricted by this Memorandum of Incorporation.
__ is limited or restricted to the extent set out in Part C of Schedule 4.
The quorum requirement for a shareholders meeting to begin, or for a matter to be considered are__ as set out in section 64 (1) without variation. __ as set out in section 64 (1) subject to a minimum of __% in substitution for the 25% required by that section.
The authority of a meeting to continue to consider a matter, as set out in section 64 (9) __ is not limited or restricted by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part D of Schedule 4.
__ as set out in section 64 (13), without variation.
__ as set out in section 64 (13), subject to the variations set out in Part E of Schedule 4.
50% of the voting rights exercised on the resolution, as provided in section 65 (7).
__ __% of the voting rights exercised on the resolution, despite section 65 (7).
__ the minimum percentage of the voting rights exercised on the resolution, as set out in Part F of Schedule 4.
75% of the voting rights exercised on the resolution, as provided in section 65 (9). of the voting rights exercised on the resolution, despite section 65 (7).
the minimum percentage of the voting rights exercised on the resolution, as set out in Part F of Schedule 4.
not required for a matter to be determined by the Company, except those matters set out in section 65 (11), or elsewhere in the Act.
required, in addition to the matters set out in section 65 (11), for the matters set out in Part G of Schedule 4.
The Board of Directors of the Company comprises directors, and __alternate directors, to be elected by holders of the companies securities entitled to e)(ercise voting rights, as contemplated in section 68.
In addition to the elected directors there are no appointed or ex officio directors of the Company, as contemplated in section 66(4). there are __appointed, and __ex officio directors of the Company, as contemplated in section 68, to be designated in the manner specified in Part A of Schedule 5.
In addition to satisfying the qualification and eligibility requirements set out in section 69, to become or remain a director or a prescribed officer of the Company, a person need not satisfy any further eligibility requirements or qualifications.
must satisfy the additional eligibility requirements and qualifications set out in Part B of Schedule 5.
an indefinite term, as contemplated in section 68 (1).
as set out in section 68 (2).
as set out in Part C of Schedule 5.
The authority of the Company's Board of Directors to fill any vacancy on the Board on a temporary basis, as set out in section 68 (3) is not limited or restricted by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part D of Schedule 5.
The authority of the Company's Board of Directors to manage and direct the business and affairs of the Company, as set out in section 66 (1) __ is not limited or restricted by this Memorandum of Incorporation. __ is limited or restricted to the extent set out in Part E of Schedule 5.
If, at any time, the Company has only one director, as contemplated in section 57 (3), the authority of that director to act without notice or compliance with any other internal formalities, as set out in that section is not limited or restricted by this Memorandum of Incorporation.
__ is limited or restricted to the extent set out in Part F of Schedule 5.
__ is not limited or restrlcted by this Memorandum of Incorporation.
__ is limited or restricted to the extent set out in Part G of Schedule 5.
The right of the Company's directors to reqUisition a meeting of the Baord, as set out in section 73 (1), may be exercised__ by at least 25% of the directors, as provided in that section; or __ by at least of the directors, despite the provisions of that section.
The authority of the Company's Board of Directors to conduct a meeting entirely by electronic communication, or to provide for participation in a meeting by electronic communication, as set out in section 73 (3)is not limited or restricted by this Memorandum of Incorporation. is limited or restricted to the extent set out in Part H of Schedule 5.
is limited or restricted to the extent set out in Part H of Schedule 5.
The authority of the Company's Board of Directors to proceed with a meeting despite a failure or defect in giving notice of the meeting, as set out in section 73 (5) is not limited or restricted by this Memorandum of Incorporation.
The quorum requirement for a directors meeting to begin, the voting rights at such a meeting, and the requirements for approval of a resolution at such a meeting, are as set out in section 73 (5), without variation.
__ as set out in section 73 (5) subject to the variations set out in Part H of Schedule 5.
The authority of the Company to pay remuneration to the Company's directors, in accordance with a special resolution approved by the Company's shareholders within the previous two years, as set out in section 66 (9) and (10)__ is not limited or restricted by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part I of Schedule 5.
The authority of the Company's Board of Directors, as set out in section 45, to authorise the Company to provide financial assistall.:e to a director, prescribed officer or other person referred to in section 45 (2) is not limited or restricted by this Memorandum of Incorporation.
The authority of the Company to advance expenses to a director, or indemnify a director, in respect of the defence of legal proceedings, as set out in section 78 (4) __is not limited, restricted or extended by this Memorandum of Incorporation.
is limited, restricted or extended to the extent set out in Part J of Schedule 5.
__ is not limited or restricted by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part J of Schedule 5.
is not limited, restricted or extended by this Memorandum of Incorporation. is lim ited, restricted or extended to the extent set out in Part J of Schedule 5.
__ is limited or restricted to the extent set out in Part K of Schedule 5.
is limited or restricted to the extent set out in Part K of Schedule 5.
Insert any further provisions desired in this or additional Articles.
any provisions limiting the purposes or powers of the Company, as contemplated in section 19 (l)(b) of the Act.
any provisions relating to the Board's authority to make rules for the Company, as contemplated in section 15 (3) to (5) ofthe Act.
any provisions to subject the Company to Parts Band Cof Chapter 5 of the Act, and to the Takeover Regulations, on a voluntary basis as contemplated in section 118 (l)(c)(ii) of the Act.
any provisions respecting the authority of the Board to exercise powers relating to shares, as contemplated in section 36 (3)(a) of the Act.
Insert any provisions restricting or limiting the authority of the Board to provide financial assistance to any person in relation to the subscriptions ofsecurities or options, as contemplated in section 44 of the Act.
Insert any provisions restricting or limiting the authority of the Board with respect to the issuing of capitalisation shares, as contemplated in section 47 (1) of the Act.
Insert any provisions restricting or limiting the authority of the Board with respect to the issuing of debt instruments, as contemplated in section 43(2) or (3) of the Act.
Insert any provisions restricting or limiting the authority of the Board with respect to the registration of beneficial interests in the Company's securities, as contemplated in section 56 (1) of the Act.
Part A Insert any provisions limiting or restricting the right ofshareholders to act without meeting formal requirements, as contemplated in section 57 (4) of the Act.
Insert any provisions relating to the powers ofshareholders to appOint proxies, the appointment of proxies, and the powers of any such proxy, as contemplated in section 58 of the Act.
Insert any provisions respecting the fixing ofa record date, as contemplated in section 59 of the Act.
Part A Insert any provisions imposing a requirement to hold a shareholders meeting.
Insert any provision limiting or restricting the authority of the Board to determine the location ofshareholders meetings, or the authority of the Company to meet outside the Republic.
Insert any provision limiting or restricting the authority ofthe Board with respect to the use ofelectronic communication for shareholders meetings, as contemplated in section 63 ofthe Act.
Insert any provision respecting the quorum requirements for shareholders meetings, or varying the provisions ofsection 64 of the Act.
Insert any provision varying section 64 (13) ofthe Act with respect to the maximum period for adjournment of a shareholders meeting.
Part A Insert any provisions establishing the rights of any person to appoint a director; or establishing the right ofany person to be an ex officio director ofthe Company.
Insert any provision imposing additional eligibility or qualification requirements for directors and prescribed afficers ofthe Company.
Insert any provision establishing an alternative manner of electing directors, as contemplated in section 68 ofthe Act.
Insert any provision limiting or restricting the authority ofthe Board to temporarily fill a vacancy on the Board, as contemplated in section 68 (3) of the Act.
Insert any provision limiting or restricting the authority ofa lone director to act without regard for formalities, as contemplated in section 57 (3) of the Act.
Insert any provision limiting or restricting the authority of the Board to consider a matter other than at a meeting, as contemplated in section 74 of the Act.
Insert any provision limiting, restricting or varying the authority of the Board with respect to the conduct of its meetings, as contemplated in section 73 of the Act.
Insert any provision limiting or restricting the authority of the Company to pay remuneration to its Directors, as contemplated in section 66 (1) of the Act, or limiting or restricting the authority of the Boord to authorise the Company to provide financial assistance to a director or prescribed officer.
Insert any provision limiting, restricting or extending the authority of the Company to advance expenses to a director; indemnify a director; or purchase insurance to protect the Company or a director; as contemplated in section 78 of the Act.
Insert any provision limiting or restricting the authority of the Board with respect to the establishment ofcommittees, as contemplated in section 72 of the Act.
which is referred to in the rest of this Memorandum of Incorporation as "the Company".
This Memorandum of Incorporation was adopted by the incorporators of the Company, in accordance with section 13 (1), as evidenced by the following signatures made by each of them, or on their behalf.
This form is prescribed by the Minister of Trade and Industry in terms of section 223 of the Companies Act, 2008 (Act No.
words that are defined in the Companies Act, 2008 bear the same meaning in this Memorandum as in that Act.
The Company is incorporated as a Non Profit company, as defined in the Companies Act, 2008.
the provisions of this Memorandum of Incorporation.
The Objects of the Company are as set out on the cover sheet and, except to the extent necessarily implied by the stated objects, t, he purposes and powers of the Company are not subject to any restriction, limitation or qualification, as contemplated in section 19 (l)(b)(ii).
The Company is not subject to any provision contemplated in section 15 (2)(b) or (c).
upon dissolution of the Company, it net assets must be distributed in the manner determined in accordance with Item 1(4)(b) of Schedule 2 of the Companies Act, 2008.
This Memorandum of Incorporation of the Company may be altered or amended only in the manner set out in section 16, 17 or 152 (6) (b).
to (5), is not limited or restricted in any manner by this Memorandum of Incorporation.
The Board must publish any rules made in terms of section 15 (3) to (5) by delivering a copy of those rules to each director by ordinary mail.
The Company must publish a notice of any alteration of the Memorandum of Incorporation or the Rules, made in terms of section 17 (1), by delivering a copy of those rules to each director by ordinary mail.
1.4 Optional provisions of Companies Act, 2008 do not apply The Company does not elect, in terms of section 34 2l, to comply voluntarily with the provisions of Chapter 3 of the Companies Act, 2008.
1.5 Company not to have members As contemplated in Item 4 ll of Schedule 2 of the Act, the Company has no members.
appoint committees of directors, and to delegate to any such committee any of the authority of the Board as set out in sectiqn 72 (1), or to include in any such committee persons who are not directors, as set out in section 73 (2)(a).
The right of the Company's directors to requisition a meeting of the Board, as set out in section 73 (1), may be eKercised by at least 25% of the directors, as provided in that section.
The quorum requirement for a directors meeting to begin, the voting rights at such a meeting, and the requirements for approval of a resolution at such a meeting, are as set out in section 73 (5).
This Memorandum of Incorporation does not limit or restrict the authority of any committee appointed by the Company's Board of Directors, as set out in section 72 (2}(b) and (c).
purchase insurance to protect the Company, or a director, as set out in section 78 (6).
The Board of Directors may appoint any officers it considers necessary to better achieve the objects of the Company.
words appearing to the right of an optional check line are void unless that line contains a mark to indicate that it has been chosen as the applicable option.
The Objects of the Company are as set out on the cover sheet and, except to the extent necessarily implied by the stated objects, the purposes and powers of the Company__. are not subject to any.restriction, limitation or qualification, as contemplated in section 19 (l)(b)(ii).
Part A of Schedule l.
is not subject to any provision contemplated in section 15 (2)(b) or (c).
the provisions, if any, set out in Part C of Schedule 1 of this Memorandum.
This Memorandum of Incorporation of the Company__ may be altered or amended only in the manner set out in section 16, 17 or 152 (6) (b). __ may be altered or amended in the manner set out in section 16, 17 or 152 (6) (b), subject to the provisions contemplated in section 16 (1)(c), and set out in Part D of Schedule l.
__ is not limited or restricted in any manner by this Memorandum of Incorporation. is limited or restricted to the extent set out in Part D of Schedule l.
by delivering a copy of those rules to each director by ordinary mail.
in accordance with the requirements set out in Part D of Schedule l.
The Company must publish a notice of any alteration of the Memorandum of Incorporation or the Rules, made in terms of section 17 (1)__ by defivering a copy of those rules to each director by ordinary mail. __ in accordance with the requirements set out in Part D of Schedule 1.
__ does not elect, in terms of section 34 (2), to comply voluntarily with the provisions of Chapter 3 of the Companies Act, 2008. __ elects, in terms of section 34 (2), to comply voluntarily with the provisions of Chapter 3 of the Companies Act, 2008.
As contemplated in Item 4 (1) of Schedule 2 of the Act, the Company has no members.
serves for an indefinite term until substituted by the person or entity that appointed the director.
In addition to the appointed directors__ there are no ex officio directors of the company, as contemplated in section 66 (4). __ there are __ex officio directors of the company, as contemplated in section 66 (4), to be designated in the manner specified in Part A of Schedule 2.
In addition to satisfying the qualification and eligibility requirements set out in section 69, to become or remain a director of the Company, a person-need not satisfy any further eligibility requirements or qualifications. must satisfy the additional eligibility requirements and qualifications set out in Part B of Schedule 2.
The authority of the Company's Board of Directors to manage and direct the business and affairs of the Company, as set out in section 66 (1)__ is not limited or restricted by this Memorandum of incorporation. is limited or restricted to the extent set out in Part C of Schedule 2.
__ is not limited or restricted by this Memorandum of incorporation.
is limited or restricted to the extent set out in Part D of Schedule 2.
at least 25% of the directors, as provided in that section.
at least of the directors, despite the provisions of that section.
The authority of the Company's Board of Directors to conduct a meeting entirely by electronic communication, or to provide for participation in a meeting by electronic communication, as set out in section 73 (3);is not limited or restricted by this Memorandum of incorporation. is limited or restricted to the extent set out in Part E of Schedule 2.
The authority of the Company's Board of Directors to determine the manner and form of prOViding notice of its meetings, as set out in section 73 (4)__ is not limited or restricted by this Memorandum of incorporation. __ is limited or restricted to the extent set out in Part E of Schedule 2.
The authority of the Company's Board of Directors to proceed with a meeting despite a failure or defect in giving notice of the meeting, as set out in section 73 (5)__ is not limited or restricted by this Memorandum of incorporation.
is limited or restricted to the extent set out in Part E of Schedule 2.
The quorum requirement for a directors meeting to begin, the voting rights at such a meeting, and the requirements for approval of a resolution at such a meeting, are__ as set out in section 73 (5). __ as set out in section 73 950, subject to the variations set out in Part E of Schedule 2.
is not limited or restricted by this Memorandum of incorporation.
__ is limited, restricted or extended to the extent set out in Part F of Schedule 2.
is limited, restricted or extended to the extent set out in Part F of Schedule 2.
The authority of the Company's Board of Directors to appoint committees of directors, and to delegate to any such committee any of the authority of the Board as set out in section 72 (1), or to include in any such committee persons who are not directors, as set out in section 73 (2)(a)__ is not limited or restricted by this Memorandum of incorporation. __ is limited, restricted or extended to the extent set out in Part G of Schedule 2.
__ is limited, restricted or extended to the extent set out in Part G of Schedule 2.
Insert any provisions limiting the purposes or powers of the Company, as contemplated in section 19 (l)(b) of the Act.
Insert any 'Ring fencing' provisions as contemplated in section 15 (2) of the Act.
Company upon its dissolution, as required by Item 1 (4) ofSchedule 2 of the Companies Act, 2008.
Part A Insert any provisions establishing the rights ofany person to appoint a director, or establishing the right of any person to be an ex offiCiO director of the Company.
Insert any provision impOSing additional eligibility or qualification requirements for directors and prescribed officers of the Company.
Company, as contemplated in section 66 (1) of the Act.
Insert ony provision limiting, restricting or varying the authority of the Board with respect to the conduct ofits meetings, as contemplated in section 73 of the Act.
Insert any provision limiting, restricting or extending the authority of the Company to advance expenses to a director, indemnify a director, or purchase insurance to protect the Company or a director, as contemplated in section 78 of the Act.
Insert any provision limiting or restricting the outhority of the Board with respect to the establishmt!htof committees, as contemplated in section 72 of the Act.
The Objects of the Company are as set out on the cover sheet and, except to the extent necessarily implied by the stated objects, the purposes and powers of the Company__ are not subject to any restriction, limitation or qualification, as contemplated in section 19 (l)(b)(ii).
are subject to any restriction, limitation or qualification, contemplated in section 19 (l)(b)(ii). as set out in Part A of Schedule i.
The Company__ is not subject to any provision contemplated in section 15 (2)(b) or (c).
This Memorandum of Incorporation of the Company__ may be altered or amended only in the manner set out in section 16, 17 or 152 (6) (b).
__ may be altered or amended in the manner set out in section 16, 17 or 152 (6) (b), subject to the proviSions contemplated in section 16 (1Hc), and set out in Part D of Schedule 1.
is not limited or restricted in any manner by this Memorandum of Incorporation. __ is limited or restricted to the extent set out in Part D of Schedule 1.
__ by delivering a copy of those rules to each director by ordinary mail.
in accordance with the requirements set out in Part D of Schedule 1.
__ in accordance with the requirements set out in Part D ofSchedule 1.
__ does not elect, in terms of section 34 (2), to comply voluntarily with the provisions of Chapter 3 of the Companies Act, 2008. elects.
Companies Act, 2008.
As contemplated in Item 4 (1) of Schedule 2 of the Act, the Company has members, who-are all in a single class, being voting members, each of whom has an equal vote in any matter to be decided by the members of the Company.
__ are in either of two classes, being voting and non-voting members, respectively.
The terms and conditions of membership in the company are as set out in Part Eof Schedule 1 to this Memorandum.
is limited or restricted to the extent set out in Part A of Schedule 2.
In addition to the rights to access information set out in section 26 (1). a member of the Company has the further rights to information, if any, set out in Part B of Schedule 2 of this Memorandum of Incorporation.
is not limited, restricted or varied by this Memorandum of Incorporation.
is limited, restricted or varied to the extent set out in Part C of Schedule 2.
is not varied by this Memorandum of Incorporation.
is varied to the extent set out in Part C of Schedule 2.
as determined in accordance with section 59 (3).
as determined in the manner set out in Part D of Schedule 2.
The Company-is not required to hold any members meetings other than those specifically required by the Companies Act, 2008. is required to hold members meetings, in addition to those specifically required by the Companies Act, 2008, as set out in Part A of Schedule 3.
The right of members to requisition a meeting, as set out in section 61 (3), may be exercised by at least 25% of the voting members, as provided for in that section.
is limited or restricted to the extent set out in Part B of Schedule 3.
The minimum number of days for the Company to deliver a notice of a members meeting to the members, as required by section 62 is as provided for in section 62 (1).
is business days before the meeting is to begin.
226 No.34239 GOVERNMENT GAZETTE, 26 APRIL 2011 3.
is limited or restricted to the extent set out in Part C of Schedule 3.
The quorum requirement for a members meeting to begin, or for a matter to be considered are as set out in section 64 (1) without variation.
as set out in section 64 (1) subject to a minimum of __%in substitution for the 25% required by that section.
apply to the Company without variation apply to the Company, subject to the variations set out in Part D of Schedule 3.
The authority of a meeting to continue to consider a matter, as set out in section 64 (9)is not limited or restricted by this Memorandum of Incorporation.
is limited or restricted to the extent set out in Part D of Schedule 3.
as set out in section 64 (13), without variation.
as set out in section 64 (13), subject to the variations set out in Part Eof Schedule 3.
For an ordinary resolution to be adopted at a members meeting, it must be supported by at least50 % of the members who voted on the resolution, as provided in section 65 (7). _% of the members who voted on the resolution, despite section 65 (7). the minimum percentage of members voting on the resolution, as set out in Part F of Schedule 3.
For a special resolution to be adopted at a members meeting, it must be supported by at least75 % of the members who voted on the resolution, as provided in section 65 (7). _% of the members who voted on the resolution, despite section 65 (7). the minimum percentage of the members who voted on the resolution, as set out in Part F of Schedule 3.
not required for a matter to be determined by the Company, except those matters set out in section 65 (11). required, in addition to the matters set out in section 65 (11), for the matters set out in Part F of Schedule 3.
serves for a term of years.
In addition to the appointed directors__ there are no appointed or ex officio directors of the company. as contemplated in section 66 (4).
(4), to be designated in the manner specified in Part B of Schedule 4.
In addition to satisfying the qualification and eligibility requirements set out in section 69, to become or remain a director of the Company, a person__ need not satisfy any further eligibility requirements or qualifications. __ must satisfy the additional eligibility requirements and qualifications set out in Part B of Schedule 2.
Each appointed director of the Company serves for an indefinite term, until substituted by the person or entity that made the appointment.
is limited or restricted to the extent set out in Part E of Schedule 4.
The right of the Company's Directors to requisition a meeting of the Board, as set out in section 73 (1), may be exercised by_ __ at least 25% of the directors, as provided in that section. __ at least __% of the directors, despite the provisions of that section.
The authority of the Company's Board of Directors to conduct a meeting entirely by electronic communication, or to provide for participation in a meeting by electronic communication, as set out in section 73 (3);__ is not limited or restricted by this Memorandum of incorporation.
is limited or restricted to the extent set out in Part F of Schedule 4.
The authority of the Company's Board of Directors to determine the manner and form of providing notice of its meetings, as set out in section 73 (4)is not limited or restricted by this Memorandum of incorporation.
Insert any provision respecting the quorum requirements for members meetings, or varying the provisions ofsection 64 of the Act.
Insert any provision varying section 64 (13) of the Act with respect to the maximum period for adjournment of a members meeting.
Any provision imposing the requirement of a special resolution to approve any matter, as contemplated in section 65 (11) of the Act.
Insert provisions setting out the process for the election of Directors by the voting members.
Insert any provisions establishing the rights of any person to appoint a director, or establishing the right of any person to be an ex officio director of the Company.
Insert any provision imposing additional eligibility or quolification requirements for directors and prescribed officers of the Company.
PartD Insert any provision limiting or restricting the authority of the Board to manage and direct the business and affairs ofthe Company, as contemplated in section 66 (1) of the Act.
PartE Insert any provision limiting or restricting the outhority of the Board to consider a matter other than at a meeting, as contemplated in section 74 of the Act.
Part F Insert any provision limiting, restricting or varying the authority ofthe Board with respect to the conduct of its meetings, as contemplated in section 73 of the Act.
Insert ony provision limiting, restricting ar extending the authority ofthe Company to advance expenses to a director, indemnify a director, or purchase insurance to protect the Company or a director, as contemplated in section 78 of the Act.
The Memorandum of Incorporation of the above named company has been amended in accordance with section 16 of the Companies Act, 2008.
The date that this Notice is filed in the Companies Registry.
The date of the amended registration certificate to be issued by the o Commission.
As a result of this amendment, the Memorandum of Incorporation: Has no provisions of the type contemplated in section 15 (2) (b) or (c).
232 No.
o No longer has the provisions of the type contemplated in section 15 (2) (b) or (c), as previously reported.
228 No.
The quorum requirement for a directors meeting to begin, the voting rights at such a meeting, and the requirements for approval of a resolution at such a meeting, are__ as set out in section 73 (5). __ as set out in section 73 (5), subject to the variations set out in Part F of Schedule 4.
The authority of the Company's Board of Directors to advance expenses to a director, or indemnify a director, in respect of the defence of legal proceedings, as set out in section 78 (3)__ is not limited or restricted by this Memorandum of incorporation. __ is limited, restricted or extended to the extent set out in Part G of Schedule 4.
is not limited or restricted by this Memorandum of incorporation. __ is limited, restricted or extended to the extent set out in Part G of Schedule 4.
__ is not limited or restricted by this Memorandum of incorporation. __ is limited, restricted or extended to the extent set out in Part G of Schedule 4.
The authority of the Company's Board of Directors to appoint committees of directors, and to delegate to any such committee any of the authority of the Board as set out in section 72 (1), or to include in any such com mittee persons who are not directors, as set out in section 73 (2)(al__ is not limited or restricted by this Memorandum of incorporation. __ is limited, restricted or extended to the extent set out in Part H of Schedule 4.
(31 The authority of a committee appointed by the Company's Board, as set out in section 72 (2)(b) and (cl-is not limited or restricted by this Memorandum of incorporation. __ is limited, restricted or extended to the extent set out in Part H of Schedule 4.
STAATSKOERANT, 26 APRIL 2011 No.
Insert any provisions limiting or restricting the right of members to act without meeting formal requirements, as contemplated in section 57 (4) of the Act.
Insert any provisions creating addition information rights of members, as contemplated in section 26.
Insert any provisions relating to the powers of members to appoint proxies, the appointment of proxies, and the powers of any such proxy, as contemplated in section 58 of the Act.
Insert any provisions imposing a requirement to hold a members meeting.
Insert any provision limiting or restricting the authority of the Board to determine the location of members meetings, or the authority of the Company to meet outside the Republic.
Insert any provision limiting or restricting the authority of the Board with respect to the use of electronic communication for members meetings, as contemplated in section 63 of the Act.
<fn>GOV-ZA.2008071RegPartCEn.2012-02-10.en.txt</fn>
274 No.
None of the persons falling within the category or categories shown above are residents ofthe Republic.
~, file No.
Name: File No.
Condone the late file of a document in this matter. D Grant an extension of time for the filing of a document in this matter. D Allows a reduction of the time for filing a documer:lt in this matter.
'~'U''''''t;;11{ Vj. c..
Advises that the parties have agreed to postpone proceedings in this matter until further notice.
o Withdraws the above matter, in its entirety.
Partially withdraws the above matter, to the extent set out on the attached sheet.
Consents to pay costs.
o Does not consent to pay costs.
The Companies Tribunal is conducting a hearing in the above matter, in terms of the Companies Act, 2008.
You are advised that this matter has been set down for a hearing beginning on the date and at the time and place set out below.
This form is prescribed by the Minister of Trade and Industry in terms of section 223 of the Companies Act, 2008 Act No.
Name: file No.
You are required to appear and give evidence in connection with this matter on the date and at the time and place set out below.
b any other documents or items in your possession or under your control that relate to this matter.
This form is prescribed by the Minister of Trade and Industry in terms of section 223 of the Companies Act, 200B (Act No.
The above named company, or external company, advises that the information set out below appears to have been filed with the Commission without authorisation by the company, and constitutes a false filing. The company requests the Commission to remove the filing from the company's record.
The Commission has begun an investigation into the request for exemption referred to above.
he Commission requests that you provide the following information elating to that matter, within 40 business days after the date of this Notice.
insert a statement of the particular information being requested.
<fn>GOV-ZA.2008071adedEn.2012-02-10.en.txt</fn>
To provide for the incorporation, registration, organisation and management of companies, the capitalisation of profit companies, and the registration of offices of foreign companies carrying on business within the Republic; to define the relationships between companies and their respective shareholders or members and directors; to provide for equitable and efficient amalgamations, mergers and takeovers of companies; to provide for efficient rescue of financially distressed companies; to provide appropriate legal redress for investors and third parties with respect to companies; to establish a Companies and Intellectual Property Commission and a Takeover Regulation Panel to administer the requirements of the Act with respect to companies, to establish a Companies Tribunal to facilitate alternative dispute resolution and to review decisions of the Commission; to establish a Financial Reporting Standards Council to advise on requirements for financial record-keeping and reporting by companies; to repeal the Companies Act, 1973 (Act No. 61 of 1973), and make amendments to the Close Corporations Act, 1984 (Act No. 69 of 1984), as necessary to provide for a consistent and harmonious regime of business incorporation and regulation; and to provide for matters connected therewith.
A: Close Corporations Act, 1984 1.
[Definition of "accounting records" inserted by s.
[Definition of "acquiring party" inserted by s.
[Definition of "all or the greater part of the assets or undertaking" inserted by s.
[Para. (b) substituted by s.
[Definition of "audit" substituted by s.
"Auditing Profession Act" means the Auditing Profession Act, 2005 (Act No.
[Definition of "auditor" substituted by s.
"Banks Act" means the Banks Act, 1990 (Act No.
[Definition of "Banks Act" substituted by s.
dispose or direct the disposition of the companys securities, or any part of a distribution in respect of the securities, but does not include any interest held by a person in a unit trust or collective investment scheme in terms of the Collective Investment Schemes Act, 2002 (Act No.
"central securities depository" has the meaning set out in section 1 of the Securities Services Act, 2004 (Act No.
"close corporation" means a juristic person incorporated under the Close Corporations Act, 1984 (Act No.
[Words preceding para. (a) substituted by s.
was in existence and recognised as an existing company in terms of the Companies Act, 1973 (Act No.
was deregistered in terms of the Companies Act, 1973 (Act No.
"Competition Act", means the Competition Act, 1998 (Act No.
"convertible securities".
[Definition of "convertible securities" substituted by the definition of "convertible" by s.
[Definition of "convertible" inserted by s.
"co-operative" means a juristic person as defined in the Co-operatives Act, 2005 (Act No.
[Words preceding subpara. (1) substituted by s.
[Words preceding item (aa) substituted by s.
[Para. (c) substituted by s.
[Definition of "domesticated company" inserted by s.
"Electronic Communications and Transactions Act" means the Electronic Communications and Transactions Act, 2002 (Act No.
"exchange" when used as a noun, has the meaning set out in section 1 of the Securities Services Act, 2004 (Act No.
[Definition of "group of companies" substituted by s.
[Definition of "holding company" substituted by s.
[Definition of "inspector" substituted by s.
[Definition of "investigator" deleted by s.
[Definition of "inter-related" substituted by s.
[Definition of "investigator" inserted by s.
[Para. (a) substituted by s.
"listed securities" has the meaning set out in section 1 of the Securities Services Act, 2004 (Act No.
"Master" means the officer of the High Court, referred to in section 2 of the Administration of Estates Act, 1965 (Act No.
[Definition of "Master" substituted by s.
a close corporation, has the meaning set out in section 1 of the Close Corporations Act, 1984 (Act No.
[Definition of "member" substituted by s.
"Memorandum of Incorporation".
[Definition of "Memorandum of Incorporation" substituted by the definition of "Memorandum", or "Memorandum of Incorporation" by s.
[Definition of "Memorandum", or "Memorandum of Incorporation" inserted to substitute definition of "Memorandum of Incorporation" by s.
"nominee" has the meaning set out in section 1 of the Securities Services Act, 2004 (Act No.
[Definition of "ordinary resolution" substituted by s.
"participant" has the meaning set out in section 1 of the Securities Services Act, 2004 (Act No.
does not include any interest held by a person in a unit trust or collective investment scheme in terms of the Collective Investment Schemes Act, 2002 (Act No.
[Definition of "personal liability company" substituted by s.
[Definition of "pre-incorporation contract" substituted by s.
[Definition of "prescribed officer" substituted by s.
"registered trade union" means a trade union registered in terms of section 96 of the Labour Relations Act, 1995 (Act No.
registered external company, means the certificate of registration issued to it in terms of this Act or the Companies Act, 1973 (Act No.
[Para. (c) amended by s.
[Para. (d) inserted by s.
[Definition of "securities" substituted by s.
[Definition of "securities register" inserted by s.
[Definition of "series of integrated transactions" inserted by s.
[Definition of "special resolution" substituted by s.
is listed as a public entity in Schedule 2 or 3 of the Public Finance Management Act, 1999 (Act No.
is owned by a municipality, as contemplated in the Local Government: Municipal Systems Act, 2000 (Act No.
"uncertificated securities" means any securities defined as such in section 29 of the Securities Services Act, 2004 (Act No.
"wholly-owned subsidiary" has the meaning determined in accordance with section 3(1)(b).
that first person has the ability to materially influence the policy of the juristic person in a manner comparable to a person who, in ordinary commercial practice, would be able to exercise an element of control referred to in paragraph (a), (b) or (c).
a wholly-owned subsidiary of another juristic person if all of the general voting rights associated with issued securities of the company are held or controlled, alone or in any combination, by persons contemplated in paragraph (a).
a person in a fiduciary capacity are to be treated as held by the beneficiary of those voting rights.
For the purposes of subsection (2), hold, or any derivative of it, refers to the registered or direct or indirect beneficial holder of securities conferring a right to vote.
in the case of a distribution contemplated in paragraph (a) of the definition of distribution in section 1, 12 months following that distribution.
unless the Memorandum of Incorporation of the company provides otherwise, when applying the test in respect of a distribution contemplated in paragraph (a) of the definition of "distribution" in section 1, a person is not to include as a liability any amount that would be required, if the company were to be liquidated at the time of the distribution, to satisfy the preferential rights upon liquidation of shareholders whose preferential rights upon liquidation are superior to the preferential rights upon liquidation of those receiving the distribution.
excluding any public holiday, Saturday or Sunday that falls on or between the days contemplated in paragraphs (a) and (b), respectively.
Labour Relations Act, 1995 (Act No.
[Item (ff) substituted by s.
[Item (gg) substituted by s.
[Item (hh) added by s.
[Item (ii) added by s.
[Words following item (ii) substituted by s.
the provisions of this Act prevail in any other case, except to the extent provided otherwise in subsection (5) or section 118(4).
If there is a conflict between a provision of Chapter 8 and a provision of the Public Service Act, 1994 (Proclamation No.103 of 1994), the provisions of that Act prevail.
to the extent that it is impossible to apply and comply with one of the inconsistent provisions without contravening the second, the provisions of this Act prevail, except to the extent that this Act expressly provides otherwise.
[Subs. (6) inserted by s.
void to the extent that it defeats or reduces the effect of a prohibition or requirement established by or in terms of an unalterable provision of this Act.
A person may apply to the Companies Tribunal for an administrative order exempting an agreement, transaction, arrangement, resolution or provision of a companys Memorandum of Incorporation or rules from any prohibition or requirement established by or in terms of an unalterable provision of this Act, other than a provision that falls within the jurisdiction of the Panel.
the extent to which the agreement, transaction, arrangement, resolution or provision infringes or would infringe the relevant prohibition or requirement.
the use of any illustrations, examples, headings or other aids to reading and understanding in the prospectus, notice, disclosure or document.
The Commission may publish guidelines for methods of assessing whether a prospectus, notice, disclosure or document satisfies the requirements of subsection (4)(b).
An unaltered electronically or mechanically generated reproduction of any document, other than a share certificate, may be substituted for the original for any purpose for which the original could be used in terms of this Act, if that reproduction satisfies any applicable prescribed requirements as to the form or manner of reproduction.
[Subs. (7) substituted by s.
is such that it would reasonably mislead a person reading the document, record, statement or notice.
is such as would reasonably mislead a person to whom the document, record, statement or notice is, or is to be, delivered.
each of those persons signs a separate duplicate original of the document, in person or as contemplated in paragraph (a), and in such a case, the several signed duplicate originals, when combined, constitute the entire document.
satisfies any prescribed requirements.
declare any system established or accredited by the Commission to be an acceptable mechanism for the filing of any particular document, in lieu of any other requirements set out in legislation relating to the filing of that document.
has the effect of negating, restricting, limiting, qualifying, extending or otherwise altering the substance or effect of an unalterable provision of the Act, that provision of the company.s Memorandum of Incorporation must not be construed as being contrary to section 15(l)(a).
[Subs. (15) inserted by s.
provide a predictable and effective environment for the efficient regulation of companies.
Two types of companies may be formed and incorporated under this Act, namely profit companies and non-profit companies.
a public company, in any other case.
was formed pursuant to Letters Patent or Royal Charter before 31 May 1962.
local government matters may request the Minister to grant a total, partial or conditional exemption from one or more provisions of this Act, applicable to all state-owned companies owned by a municipality, any class of such enterprises, or to one or more particular such enterprises, on the grounds that those provisions overlap or duplicate an applicable regulatory scheme established in terms of any other national legislation.
subject to any limits or conditions necessary to ensure the achievement of the purposes of this Act.
Every provision of this Act applies to a non-profit company, subject to the provisions, limitations, alterations or extensions set out in this section, and in Schedule 1.
Part D of Chapter 2 - Capitalisation of profit companies.
Part E of Chapter 2 - Securities registration and transfer.
Section 66(8) and (9) and section 68 - Remuneration and election of directors.
regulations contemplated in section 30(7).
Chapter 4 - Public offerings of company securities.
Chapter 5 - Takeovers, offers and fundamental transactions, except to the extent contemplated in item 2 of Schedule 1.
Sections 146(d), and 152(3)(c) - Rights of shareholders to approve a business rescue plan, except to the extent that the non-profit company is itself a shareholder of a profit company that is engaged in business rescue proceedings.
Section 164 - Dissenting shareholders appraisal rights, except to the extent that the non-profit company is itself a shareholder of a profit company.
[Subs. (2) substituted by s.
when applied to a non-profit company, are subject to the provisions of item 4 of Schedule 1.
With respect to a non-profit company that has voting members, a reference in this Act to "a shareholder", "the holders of a companys securities", "holders of issued securities of that company" or "a holder of voting rights entitled to be voted is a reference to the voting members of the non-profit company.
[Subpara. (ii) substituted by s.
in the case of a profit company, may be the registration number of the company together with the relevant expressions required by subsection (3).
a registered trade mark belonging to a person other than the company, or a mark in respect of which an application has been filed in the Republic for registration as a trade mark or a well-known trademark as contemplated in section 35 of the Trade Marks Act, 1993 (Act No.
[Para. (b) inserted by s.
[Original para. (b) renumbered as para. (c) by s.
[Original para. (c) renumbered as para. (d) by s.
The word "Incorporated" or its abbreviation "Inc. ", in the case of a personal liability company.
The expression "Proprietary Limited" or its abbreviation, "(Pty) Ltd.", in the case of a private company.
The word "Limited" or its abbreviation, "Ltd.", in the case of a public company.
The expression "SOC Ltd." in the case of a state-owned company.
The expression "NPC", in the case of a non-profit company.
alternative expressions, in any official language, which may be used in substitution for any expression required to follow a companys name in terms of subsection (3).
[Subs. (4) substituted by s.
A person may reserve one or more names to be used at a later time, either for a newly incorporated company, or as an amendment to the name of an existing company, by filing an application together with the prescribed fee.
the name as applied for is already reserved in terms of this section.
[Words preceding subpara. (i) substituted by s.
the South African Human Rights Commission may apply to the Companies Tribunal for a determination and order in terms of section 160.
A person for whom a name has been reserved in terms of subsection (2) may transfer that reservation to another person by filing a signed notice of the transfer together with the prescribed fee.
cancelling a name reservation.
repeatedly attempting to reserve names for the purpose of selling access to names, or trading in or marketing reserved names, the Commission may apply to a court for an order prohibiting the person or persons from applying to reserve any names in terms of this section for a period that the court considers just and reasonable in the circumstances.
a pattern of unusually frequent transfers of reserved names without apparent legitimate cause having regard to the nature of the persons profession or business.
renew, for a period of two years, the registration of a name as a defensive name, in respect of which he or she has furnished proof, to the satisfaction of the Commission, that he or she has a direct and material interest.
The registration of a defensive name may be transferred to another person by notice in the prescribed manner and form and upon payment of the prescribed fee.
[Subs. (10) inserted by s.
[Heading of s. 13 substituted by s.
filing a Notice of Incorporation, in accordance with subsection (2).
accompanied by a copy of the Memorandum of Incorporation, subject to any declaration contemplated in section 6(14)(b).
If a companys Memorandum of Incorporation includes any provision contemplated in section 15(2)(b) or (c), the Notice of Incorporation filed by the company must include a prominent statement drawing attention to each such provision, and its location in the Memorandum of Incorporation.
the Commission reasonably believes that any of the initial directors of the company, as set out in the Notice, are disqualified in terms of section 69(8), and the remaining directors are fewer than required by or in terms of section 66(2).
Subject to subsections (6) and (7), a foreign company may apply in the prescribed manner and form, accompanied by the prescribed application fee, to transfer its registration to the Republic from the foreign jurisdiction in which it is registered, and thereafter exists as a company in terms of this Act as if it had been originally so incorporated and registered.
[Subs. (5) inserted by s.
will no longer be registered in another jurisdiction.
[Subs. (7) inserted by s.
establishing requirements for each domesticated company to harmonise its Memorandum of Incorporation with this Act.
[Subs. (8) inserted by s.
Subsections (3) and (4) and section 14, each read with the changes required by the context, apply to an application in terms of subsections (5) to (7).
[Subs. (9) inserted by s.
Upon compliance of the requirements for registration of a domesticated company as contemplated in terms of this section, the Commissioner must issue to such company a registration certificate to the effect that such registration has taken place and that it deemed that the company has been incorporated under this Act.
[Subs. (11) inserted by s.
must take the steps set out in subsection (1)(b), using the companys registration number, followed by "Inc.", (Pty) Ltd", "Ltd."
issue and deliver to the company an amended registration certificate showing the amended name of the company.
the company is incorporated under this Act as from the date, and the time, if any, stated in the certificate.
is void to the extent that it contravenes, or is inconsistent with, this Act, subject to section 6(15).
[Subpara. (i) substituted by s.
[Subpara. (iii) inserted by s.
not include any provision that negates, restricts, limits, qualifies, extends or otherwise alters the substance or effect of an unalterable provision of this Act, except to the extent contemplated in paragraph (a)(iii).
filing a copy of those rules.
on a permanent basis only if it has been ratified by an ordinary resolution at the meeting contemplated in subparagraph (i).
the companys board may not make a substantially similar rule within the ensuing 12 months, unless it has been approved in advance by ordinary resolution of the shareholders.
[Subs. (5) substituted by s.
Any failure to ratify the rules of a company does not affect the validity of anything done in terms of those rules during the period that they had an interim effect as provided in subsection (4)(c)(i).
[Subs. (5A) inserted by s.
in the exercise of their respective functions within the company.
The shareholders of a company may enter into any agreement with one another concerning any matter relating to the company, but any such agreement must be consistent with this Act and the companys Memorandum of Incorporation, and any provision of such an agreement that is inconsistent with this Act or the companys Memorandum of Incorporation is void to the extent of the inconsistency.
A companys Memorandum of Incorporation may provide different requirements than those set out in subsection (1)(c)(i) with respect to proposals for amendments.
the requirements of subsection (1)(c)(ii) do not apply to the company.
does not require a special resolution as contemplated in subsection (1)(c)(ii).
If a profit company amends its Memorandum of Incorporation in such a manner that it no longer meets the criteria for its particular category of profit company, the company must also amend its name at the same time by altering the ending expression as appropriate to reflect the category of profit company into which it now falls.
the Commission may require the company to file a full copy of its amended Memorandum of Incorporation within a reasonable time.
the date, if any, set out in the Notice of Amendment.
[Subs. (9) substituted by s.
may be adversely affected if the joint and several liability of any of the directors for the debts and liabilities of the company is terminated as a consequence of the amendment to the Memorandum of Incorporation.
A person who receives, or is entitled to receive, a notice in terms of subsection (10) may apply to a court in the prescribed manner and form for an order sufficient to protect the interests of that person.
filing a notice of the alteration.
At any time, a company that has filed its Memorandum of Incorporation may file one or more translations of it, in any official language or languages of the Republic.
A translation of a companys Memorandum of Incorporation must be accompanied by a sworn statement by the person who made the translation, stating that it is a true, accurate and complete translation of the Memorandum of Incorporation.
the Commission may require the company to file a consolidated revision of its Memorandum of Incorporation, as so altered or amended.
a statement by an attorney or notary public, stating that the consolidated revision is a true, accurate and complete representation of the companys Memorandum of Incorporation, as altered and amended up to the date of the statement.
a consolidated revision filed in terms of section 17(5), unless the consolidated revision has subsequently been ratified by a special resolution at a general shareholders meeting of the company.
The latest version of a companys Memorandum of Incorporation that has been endorsed by the Commission in terms of this Part prevails in the case of any conflict between it and any other purported version of the companys Memorandum of Incorporation.
any further provisions of the companys Memorandum of Incorporation.
A person is not, solely by reason of being an incorporator, shareholder or director of a company, liable for any liabilities or obligations of the company, except to the extent that this Act or the companys Memorandum of Incorporation provides otherwise.
the effect of subsection (3) on a personal liability company.
the shareholders and directors or prescribed officers of the company, no person may rely on such limitation, restriction or qualification to assert that an action contemplated in paragraph (a) is void.
If a companys Memorandum of Incorporation limits, restricts or qualifies the purposes, powers or activities of that company, or limits the authority of the directors to perform an act on behalf of the company, the shareholders, by special resolution, may ratify any action by the company or the directors that is inconsistent with any such limit, restriction or qualification, subject to subsection (3).
An action contemplated in subsection (2) may not be ratified if it is in contravention of this Act.
One or more shareholders, directors or prescribed officers of a company, or a trade union representing employees of the company, may apply to the High Court for an appropriate order to restrain the company from doing anything inconsistent with this Act.
did not have actual knowledge of the limit, restriction or qualification.
a limitation, restriction or qualification contemplated in this section, unless that action has been ratified by the shareholders in terms of subsection (2).
make any further order the court considers appropriate to give effect to a declaration contemplated in paragraph (a).
after being incorporated, the company rejects any part of such an agreement or action.
If, within three months after the date on which a company was incorporated, the board has neither ratified nor rejected a particular pre-incorporation contract, or other action purported to have been made or done in the name of the company, or on its behalf, as contemplated in subsection (1), the company will be regarded to have ratified that agreement or action.
the liability of a person under subsection (2) in respect of the ratified agreement or action is discharged.
If a company rejects an agreement or action contemplated in subsection (1), a person who bears any liability in terms of subsection (2) for that rejected agreement or action may assert a claim against the company for any benefit it has received, or is entitled to receive, in terms of the agreement or action.
A company must not carry on its business recklessly, with gross negligence, with intent to defraud any person or for any fraudulent purpose.
[Subs. (1) substituted by s.
If the Commission has reasonable grounds to believe that a company is engaging in conduct prohibited by subsection (1), or is unable to pay its debts as they become due and payable in the normal course of business, the Commission may issue a notice to the company to show cause why the company should be permitted to continue carrying on its business, or to trade, as the case may be.
If a company to whom a notice has been issued in terms of subsection (2) fails within 20 business days to satisfy the Commission that it is not engaging in conduct prohibited by subsection (1), or that it is able to pay its debts as they become due and payable in the normal course of business, the Commission may issue a compliance notice to the company requiring it to cease carrying on its business or trading, as the case may be.
[Subs. 3 substituted by s.
subject to subsection (2A), is engaging in a course of conduct, or has engaged in a course or pattern of activities within the Republic over a period of at least six months, such as would lead a person to reasonably conclude that the company intended to continually engage in business or non-profit activities within the Republic.
[Original subs. (2) substituted by subs. (2)-(2A) of s.
acquiring any interest in any property within the Republic.
[Subs. (2A) inserted by s. 15 of Act 3/2011 as part of substitution of original subs.
subsequently, by filing a notice of change of registered office, together with the prescribed fee.
five business days after the date on which the notice was filed.
in the case of an external company whose name is a foreign registration number but does not indicate the name of the foreign jurisdiction in which it was incorporated, append to its name on the registry the name of that jurisdiction in a manner comparable to that required for a company under section 11(3)(a).
if it fails to register within the time allowed in paragraph (a), to cease carrying on its business or activities within the Republic.
for a period of seven years, or any longer period of time specified in any other applicable public regulation, subject to subsection (2).
[Para. (d) substituted by s.
on which each such resolution was adopted.
the records required in terms of section 85, if that section applies to the company.
in other circumstances prescribed by the Minister.
The records referred to in section 24 must be accessible at or from the companys registered office or another location, or other locations, within the Republic.
are moved from one location to another.
the securities register of a profit company, or the members register of a non-profit company that has members, as mentioned in section 24(4).
[Original subs. (1) substituted by subs. (1)-(5) of s.
A person not contemplated in subsection (1) has a right to inspect or copy the securities register of a profit company, or the members register of a non-profit company that has members, or the register of directors of a company, upon payment of an amount not exceeding the prescribed maximum fee for any such inspection.
[Original subs. (2) substituted by subs. (1)-(5) of s.
In addition to the information rights set out in subsections (1) and (2), the Memorandum of Incorporation of a company may establish additional information rights of any person, with respect to any information pertaining to the company, but no such right may negate or diminish any mandatory protection of any record required by or in terms of Part 3 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).
[Subs. (3) inserted by s. 17 of Act 3/2011 as part of substitution of original subs.
in accordance with the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).
[Subs. (4) inserted by s. 17 of Act 3/2011 as part of substitution of original subs.
[Subs. (5) inserted by s. 17 of Act 3/2011 as part of substitution of original subs.
[Original subs. (3) renumbered as subs. (6) by s.
the Promotion of Access to Information Act, 2000 (Act No.
any other public regulation.
[Original subs. (4) renumbered as subs. (7) by s.
[Original subs. (5) renumbered as subs. (8) by s.
[Original subs. (6) renumbered as subs. (9) by s.
A company must have a financial year, ending on a date set out in the companys Notice of Incorporation, subject to any change made in terms of subsection (4).
ends on the date set out in the Notice of Incorporation, which may not be more than 15 months after the date contemplated in paragraph (a).
ends on the first anniversary of the date contemplated in paragraph (a), unless the financial year end has been changed as contemplated in subsection (4).
the date as changed may not result in a financial year ending more than 15 months after the end of the preceding financial year.
Despite subsection (2)(b) or (3), the financial year of a company that has changed the date contemplated in subsection (1) ends on the date as changed.
[Subs. (6) deleted by s.
The financial year of the company is its annual accounting period.
including any prescribed accounting records, which must be kept in the prescribed manner and form.
A companys accounting records must be kept at, or be accessible from, the registered office of the company.
any person to falsify a companys accounting records.
incomplete in any material particular, subject only to subsection (3).
setting out the steps required to obtain a copy of the financial statements that it summarises.
form and content requirements for summaries contemplated in subsection (3).
different categories of profit companies.
the summary does not comply with the requirements of subsection (3), or is materially false or misleading.
Each year, a company must prepare annual financial statements within six months after the end of its financial year, or such shorter period as may be appropriate to provide the required notice of an annual general meeting in terms of section 61(7).
[Item (aa) substituted by s.
independently reviewed in a manner that satisfies the regulations made in terms of subsection (7), subject to subsection (2A).
[Item (bb) substituted by s.
does not relieve the company of any requirement to have its financial statements audited or reviewed in terms of another law, or in terms of any agreement to which the company is a party.
[Subs. (2A) inserted by s.
be presented to the first shareholders meeting after the statements have been approved by the board.
details of service contracts of current directors and individuals who hold any prescribed office in the company.
otherwise in connection with the carrying on of the affairs of the company or any other company within the same group of companies.
[Para. (f) substituted by s.
the manner, form and procedures for the conduct of an independent review under subsection (2)(b)(ii)(bb), as well as the professional qualifications, if any, and duties of persons who may conduct such reviews and the accreditation of professions whose members may conduct such reviews.
Despite section 1 of the Auditing Profession Act, an independent review of a company's annual financial statements required by this section does not constitute an audit within the meaning of that Act.
on demand to receive without charge one copy of any annual financial statements of the company required by this Act.
If a judgment creditor of a company has been informed, by a person whose duty it is to execute the judgment, that there appears to be insufficient disposable property to satisfy that judgment, the judgement creditor is entitled within five business days after making a demand, to receive without charge, one copy of the most recent annual financial statements of the company.
Trade unions must, through the Commission and under conditions as determined by the Commission, be given access to company financial statements for purposes of initiating a business rescue process.
otherwise impede, interfere with, or attempt to frustrate the reasonable exercise by any person of the rights set out in this section.
[Subs. (4) inserted by s.
not misstate its name or registration number in a manner likely to mislead or deceive any person.
If the Commission has issued to a company a registration certificate with an interim name, as contemplated in section 14(2)(b), the company must use its interim name, until its name has been amended.
use a form of name for any purpose if, in the circumstances, the use of that form of name is likely to convey a false impression that the name is the name of a company.
[Subs. (7) deleted by s.
Every external company must file an annual return in the prescribed form with the prescribed fee, and within the prescribed period after the anniversary of the date on which it was registered in terms of section 23(1).
Each year, in its annual return filed in terms of subsection (1), every company must designate a director, employee or other person who is responsible for the companys compliance with the requirements of this Part, and Chapter 3, if it applies to the company.
A private company, personal liability company, or non-profit company is not required to comply with the extended accountability requirements set out in Chapter 3, except to the extent contemplated in section 84(1)(c), or as required by the companys Memorandum of Incorporation.
surrendered to that company in the exercise of appraisal rights in terms of section 164, have the same status as shares that have been authorised but not issued.
the regulations contemplated in item 6(3) of Schedule 5.
the board of the company, in the manner contemplated in subsection (3), except to the extent that the Memorandum of Incorporation provides otherwise.
determine the preferences, rights, limitations or other terms of shares in a class contemplated in subsection (1)(d).
If the board of a company acts pursuant to its authority contemplated in subsection (3), the company must file a Notice of Amendment of its Memorandum of Incorporation, setting out the changes effected by the board.
All of the shares of any particular class authorised by a company have preferences, rights, limitations and other terms that are identical to those of other shares of the same class.
the preferences, rights, limitations and other terms determined by or in terms of the companys Memorandum of Incorporation in accordance with section 36.
the holders of that class of shares are entitled to receive the net assets of the company upon its liquidation.
the holders of at least one class of the companys shares, irrespective of whether it is the same as any class contemplated in paragraph (a), are entitled to receive the net assets of the company upon its liquidation.
provide for shares of that class to have preference over any other class of shares with respect to distributions, or rights upon the final liquidation of the company.
the manner in which a fact affects the preferences, rights, limitations or other terms of shares must be expressly determined by or in terms of the companys Memorandum of Incorporation, in accordance with section 36.
was present at the meeting, and voted against that resolution.
as determined in accordance with the rules of the Central Securities Depository, in the case of uncertificated securities.
The board of a company may resolve to issue shares of the company at any time, but only within the classes, and to the extent, that the shares have been authorised by or in terms of the companys Memorandum of Incorporation, in accordance with section 36.
in excess of the number of authorised shares of any particular class, the issuance of those shares may be retroactively authorised in accordance with section 36 within 60 business days after the date on which the shares were issued.
the company must return to any person the fair value of the consideration received by the company in respect of that share issue to the extent that it is nullified, together with interest in accordance with the Prescribed Rate of Interest Act, 1975 (Act No.
failed to vote against the issue of those shares, despite knowing that the shares had not been authorised in accordance with section 36.
capitalisation shares issued as contemplated in section 47.
If a private company proposes to issue any shares, other than as contemplated in subsection (1)(b), each shareholder of that private company has a right, before any other person who is not a shareholder of that company, to be offered and, within a reasonable time to subscribe for, a percentage of the shares to be issued equal to the voting power of that shareholders general voting rights immediately before the offer was made.
A private or personal liability companys Memorandum of Incorporation may limit, negate, restrict or place conditions upon the right set out in subsection (2), with respect to any or all classes of shares of that company.
shares not subscribed for by a shareholder within the reasonable time contemplated in subsection (2), may be offered to other persons to the extent permitted by the Memorandum of Incorporation.
as a capitalisation share as contemplated in section 47.
the company must issue those shares and cause the name of the holder to be entered on the companys securities register in accordance with Part E of this Chapter.
[Words preceding para. (5) substituted by s.
cause the issued shares to be transferred to a third party, to be held in trust and later transferred to the subscribing party in accordance with a trust agreement.
to the extent that the instrument is dishonoured after becoming negotiable, or that the subscribing party has failed to fulfil its obligations under the agreement, must be returned to the company and cancelled, on demand by the company.
in the case of an agreement, the subscribing party has failed to fulfil any obligation in terms of the agreement for a period of at least 40 business days after the date on which the obligation was due to be fulfilled.
nominee of a person contemplated in paragraph (a) or (b).
pursuant to an offer to the public, as defined in section 95(1)(h), read with section 96.
An issue of shares, securities convertible into shares, or rights exercisable for shares in a transaction, or a series of integrated transactions, requires approval of the shareholders by special resolution if the voting power of the class of shares that are issued or issuable as a result of the transaction or series of integrated transactions will be equal to or exceed 30 percent of the voting power of all the shares of that class held by shareholders immediately before the transaction or series of transactions.
taken together, they lead to substantial involvement in a business activity that did not previously form part of the companys principal activity.
failed to vote against the issue of those securities, despite knowing that the issue of those securities was inconsistent with this section.
In this section, future director or future prescribed officer does not include a person who becomes a director or prescribed officer of the company more than six months after acquiring a particular option or right.
the related shares or other securities are to be issued.
any securities convertible into shares of any class, constitutes also the decision of the board to issue the authorised shares into which the securities may be converted.
into which any securities could be converted, had not been authorised in terms of section 36.
"security document" includes any document by which a debt instrument is offered or proposed to be offered, embodying the terms and conditions of the debt instrument including, but not limited to, a trust deed or certificate.
must determine whether each such debt instrument is secured or unsecured.
allotment of securities, redemption by the company, or substitution of the debt instrument for shares of the company, provided that the securities to be allotted or substituted in terms of any such privilege, are authorised by or in terms of the companys Memorandum of Incorporation in accordance with section 36.
Every security document must clearly indicate, on its first page, whether the relevant debt instrument is secured or unsecured.
the board is satisfied that the person has the requisite knowledge and experience to carry out the duties of a trustee.
be approved by the holders of at least 75 percent by value of debt instruments present at a meeting called for that purpose.
with respect to a specific act or omission, or of the trustee dying or ceasing to act.
In this section, "financial assistance" does not include lending money in the ordinary course of business by a company whose primary business is the lending of money.
Except to the extent that the Memorandum of Incorporation of a company provides otherwise, the board may authorise the company to provide financial assistance by way of a loan, guarantee, the provision of security or otherwise to any person for the purpose of, or in connection with, the subscription of any option, or any securities, issued or to be issued by the company or a related or inter-related company, or for the purchase of any securities of the company or a related or inter-related company, subject to subsections (3) and (4).
the terms under which the financial assistance is proposed to be given are fair and reasonable to the company.
In addition to satisfying the requirements of subsection (3), the board must ensure that any conditions or restrictions respecting the granting of financial assistance set out in the companys Memorandum of Incorporation have been satisfied.
a prohibition, condition or requirement contemplated in subsection (4).
failed to vote against the resolution or agreement, despite knowing that the provision of financial assistance was inconsistent with this section or a prohibition, condition or requirement contemplated in subsection (4).
an amount to defray the persons expenses for removal at the companys request.
Except to the extent that the Memorandum of Incorporation of a company provides otherwise, the board may authorise the company to provide direct or indirect financial assistance to a director or prescribed officer of the company or of a related or inter-related company, or to a related or inter-related company or corporation, or to a member of a related or inter-related corporation, or to a person related to any such company, corporation, director, prescribed officer or member, subject to subsections (3) and (4).
within 30 business days after the end of the financial year, in any other case.
the board of the company, by resolution, has acknowledged that it has applied the solvency and liquidity test, as set out in section 4, and reasonably concluded that the company will satisfy the solvency and liquidity test immediately after completing the proposed distribution.
despite any law, order or agreement to the contrary, the company must not proceed with or continue with any such distribution unless the board adopts a further resolution as contemplated in subsection (1)(c).
do not apply to any subsequent action of the company in satisfaction of that debt or obligation, except to the extent that the resolution, or the terms and conditions of the debt or obligation, provide otherwise.
ensures that the person to whom the company is required to make a payment in terms of the original order is paid at the earliest possible date compatible with the company satisfying its other financial obligations as they fall due and payable.
failed to vote against the distribution, despite knowing that the distribution was contrary to this section.
subject to subsection (2), when resolving to award a capitalisation share, the board may at the same time resolve to permit any shareholder entitled to receive such an award to elect instead to receive a cash payment, at a value determined by the board.
is satisfied that the company would satisfy the solvency and liquidity test immediately upon the completion of the distribution.
the redemption by the company of any redeemable securities in accordance with the terms and conditions of those securities.
convertible or redeemable shares.
ensures that the person to whom the company is required to make a payment in terms of the agreement is paid at the earliest possible date compatible with the company satisfying its other financial obligations as they fall due and payable.
the company to issue to that person an equivalent number of shares of the same class as those acquired.
failed to vote against the acquisition of shares, despite knowing that the acquisition was contrary to this section or section 46.
is subject to the requirements of sections 114 and 115 if, considered alone, or together with other transactions in an integrated series of transactions, it involves the acquisition by the company of more than 5% of the issued shares of any particular class of the companys shares.
In this Part, "certificated" means evidenced by a certificate, as contemplated in subsection (2)(a).
uncertificated, in which case the company must not issue certificates evidencing or purporting to evidence title to those securities, subject to subsection (6).
any provision of this Act applies with respect to any uncertificated securities in the same manner as it applies to certificated securities.
prevail in the case of a conflict between any provision of those sections and any other provision of this Act, any other law, the common law, the companys Memorandum of Incorporation or any agreement.
Any certificated securities may cease to be evidenced by certificates, and thereafter be uncertificated, in which case any provision of this Act contemplated in subsection (4) applies to those securities from the date on which they ceased to be evidenced by certificates.
for greater certainty, transfer of ownership in those securities cannot be effected by a participant or central securities depository while they remain in certificated form, unless they are held in certificated form in collective custody by the participant or central securities depository.
determined by the rules of the central securities depository.
A securities register, or an uncertificated securities register, maintained in accordance with this Act is sufficient proof of the facts recorded in it, in the absence of evidence to the contrary.
Unless all the shares of a company rank equally for all purposes, the companys shares, or each class of shares, and any other securities, must be distinguished by an appropriate numbering system.
is proof that the named security holder owns the securities, in the absence of evidence to the contrary.
A signature contemplated in subsection (1)(b) may be affixed to or placed on the certificate by autographic, mechanical or electronic means.
A certificate remains valid despite the subsequent departure from office of any person who signed it.
if the share has been transferred, the certificate must be endorsed with a reference number or similar device that will enable each preceding holder of the share in succession to be identified.
the value of any consideration still to be received by the company on each share or interest, in the case of a transfer of securities contemplated in section 40(5) and (6).
was effected by operation of law.
At the request of a company, and on payment of the prescribed fee, if any, a participant or central securities depository, as determined in accordance with the rules of the central securities depository, must furnish that company with all details of that companys uncertificated securities reflected in the uncertificated securities register.
in accordance with the rules of the central securities depository.
Within five business days after the date of a request for inspection, a company must produce a record of the uncertificated securities register, which record must reflect at least the details referred to in section 50(3)(b) at the close of business on the day on which the request for inspection was made.
may impose a charge or service fee for such a statement on the relevant company in accordance with the regulations.
in accordance with this section and the rules of the central securities depository.
crediting the account in the uncertificated securities register to which the transfer is effected, in accordance with the rules of a central securities depository.
The requirements of section 51(5), read with the changes required by the context, apply with respect to a transfer of uncertificated securities.
have resulted in the transfer being effected, but a transferee who was a party to or had knowledge of the fraud or illegality, or had knowledge of the insolvency, as the case may be, may not rely on this subsection.
A court may not order the name of a transferee contemplated in this section to be removed from an uncertificated securities register, unless that person was a party to or had knowledge of a fraud or illegality as contemplated in subsection (4).
Nothing in this section prejudices any power of a participant or central securities depository, as the case may be, to effect a transfer to a person to whom the right to any uncertificated securities of a company has been transmitted by operation of law.
remove the details of the uncertificated securities from the uncertificated securities register.
notify the central securities depository that the securities are no longer held in uncertificated form.
A company may charge a holder of its securities a reasonable fee to cover the actual costs of issuing a certificate, as contemplated in this section.
the description of any uncertificated securities is changed, is liable to any person who has suffered any direct loss or damage arising out of that action.
indemnify the company and the participant or central securities depository required to effect the transfer in accordance with the rules of the central securities depository, against any claim and against any direct loss or damage suffered by them arising out of such a transfer by virtue of an instruction referred to in this subsection.
any other person against any direct loss or damage arising out of a transfer of any uncertificated securities, if that transfer was effected by the participant or central securities depository without instruction, or in accordance with an instruction that was not sent and properly authenticated in terms of the rules of a central securities depository, or in a manner inconsistent with an instruction that was sent and properly authenticated in terms of the rules of a central securities depository.
Except to the extent that a companys Memorandum of Incorporation provides otherwise, the companys issued securities may be held by, and registered in the name of, one person for the beneficial interest of another person.
gives directions or instructions to a juristic person that has a beneficial interest in that security, and its directors or the trustees are accustomed to act in accordance with that persons directions or instructions.
the identity of each person with a beneficial interest in the securities so held, the number and class of securities held for each such person with a beneficial interest, and the extent of each such beneficial interest.
otherwise be provided on payment of a prescribed fee charged by the registered holder of securities.
disclose the identity of each person with a beneficial interest in the securities held by that person.
publish in its annual financial statements, if it is required to have such statements audited in terms of section 30(2), a list of the persons who hold beneficial interests equal to or in excess of 5 percent of the total number of securities of that class issued by the company, together with the extent of those beneficial interests.
Subsections (9) to (11) do not apply in respect of securities that are subject to the rules of a central securities depository.
the persons name is on the companys register of disclosures as the holder of a beneficial interest, or the person holds a proxy appointment in respect of that matter from the registered holder of those securities.
a proxy appointment to the extent of that persons beneficial interest, if the person so demands in terms of subsection (11).
A person who has a beneficial interest in any securities that are entitled to be voted on at a meeting of a companys shareholders, may demand a proxy appointment from the registered holder of those securities, to the extent of that persons beneficial interest, by delivering such a demand to the registered holder, in writing, or as required by the applicable requirements of a central securities depository.
[Heading of s. 57 substituted by s.
In this Part, "shareholder" has the meaning set out in section 1, but also includes a person who is entitled to exercise any voting rights in relation to a company, irrespective of the form, title or nature of the securities to which those voting rights are attached.
sections 59 to 65 do not apply to the governance of that company.
sections 71(3) to (7), 73 and 74 do not apply to the governance of that company.
when acting in their capacity as shareholders, those persons are not subject to the provisions of section 73 to 78 relating to the duties, obligations, liabilities and indemnification of directors.
A person authorised to act as a companys representative, as contemplated in subsection (5), may exercise the same powers as the authorising company could have exercised if it were an individual holder of securities.
For greater certainty, this section applies to the exercise of authority within a company in respect of any matter arising in terms of this Act or a companys Memorandum of Incorporation, irrespective of whether any such particular matter is expressly addressed in this Part.
give or withhold written consent on behalf of the shareholder to a decision contemplated in section 60.
any longer or shorter period expressly set out in the appointment, unless it is revoked in a manner contemplated in subsection (4)(c), or expires earlier as contemplated in subsection (8)(d).
a copy of the instrument appointing a proxy must be delivered to the company, or to any other person on behalf of the company, before the proxy exercises any rights of the shareholder at a shareholders meeting.
delivering a copy of the revocation instrument to the proxy, and to the company.
the date on which the revocation instrument was delivered as required in subsection (4)(c)(ii).
paid any reasonable fee charged by the company for doing so.
the proxy appointment remains valid only until the end of the meeting at which it was intended to be used, subject to subsection (5).
be allotted or exercise other rights.
must be published to the shareholders in a manner that satisfies any prescribed requirements.
the date of the action or event, in any other case, unless the Memorandum of Incorporation or rules of the company provide otherwise.
voted on in writing by shareholders entitled to exercise voting rights in relation to the resolution within 20 business days after the resolution was submitted to them.
if adopted, has the same effect as if it had been approved by voting at a meeting.
For greater certainty, any business of a company that is required by this Act or the companys Memorandum of Incorporation to be conducted at an annual general meeting of the company, may not be conducted in the manner contemplated in this section.
The board of a company, or any other person specified in the companys Memorandum of Incorporation or rules, may call a shareholders meeting at any time.
by the companys Memorandum of Incorporation.
in aggregate, demands for substantially the same purpose are made and signed by the holders, as of the earliest time specified in any of those demands, of at least 10% of the voting rights entitled to be exercised in relation to the matter proposed to be considered at the meeting.
A companys Memorandum of Incorporation may specify a lower percentage in substitution for that set out in subsection (3)(b).
the company must cancel the meeting if, as a result of one or more demands being withdrawn, the voting rights of any remaining shareholders continuing to demand the meeting, in aggregate, fall below the minimum percentage of voting rights required to call a meeting.
thereafter, once in every calendar year, but no more than 15 months after the date of the previous annual general meeting, or within an extended time allowed by the Companies Tribunal, on good cause shown.
any matters raised by shareholders, with or without advance notice to the company.
a shareholders meeting of the company may be held in the Republic or in any foreign country.
if no person has been authorised as contemplated in paragraph (a), the Companies Tribunal, on a request by any shareholder, may issue an administrative order for a shareholders meeting to be convened on a date, and subject to any terms, that the Tribunal considers appropriate in the circumstances.
within the time required by subsection (7), a shareholder may apply to a court for an order requiring the company to convene a meeting on a date, and subject to any terms, that the court considers appropriate in the circumstances.
A companys Memorandum of Incorporation may provide for longer or shorter minimum notice periods than required by subsection (1).
votes to waive the required minimum notice of the meeting.
section 63(1) requires that meeting participants provide satisfactory identification.
If there was a material defect in the giving of the notice of a shareholders meeting, the meeting may proceed, subject to subsection (5), only if every person who is entitled to exercise voting rights in respect of any item on the meeting agenda is present at the meeting and votes to approve the ratification of the defective notice.
the meeting may proceed to consider a severed matter, if the defective notice in respect of that matter has been ratified in terms of subsection (4)(d).
except to the extent set out in paragraph (b), is regarded as having waived any right based on an actual or alleged defect in the notice of the meeting.
the person presiding at the meeting must be reasonably satisfied that the right of that person to participate and vote, either as a shareholder, or as a proxy for a shareholder, has been reasonably verified.
one or more shareholders, or proxies for shareholders, to participate by electronic communication in all or part of a shareholders meeting that is being held in person, as long as the electronic communication employed ordinarily enables all persons participating in that meeting to communicate concurrently with each other without an intermediary, and to participate reasonably effectively in the meeting.
access to the medium or means of electronic communication is at the expense of the shareholder or proxy, except to the extent that the company determines otherwise.
At a meeting of shareholders, voting may either be by show of hands, or by polling.
If voting is by show of hands, any person who is present at the meeting, whether as a shareholder or as proxy for a shareholder and entitled to exercise voting rights has one vote, irrespective of the number of voting rights that person would otherwise be entitled to exercise.
If voting on a particular matter is by polling, any person who is present at the meeting, whether as a shareholder or as proxy for a shareholder, has the number of votes determined in accordance with the voting rights associated with the securities held by that shareholder.
a person who is, or persons who together are, entitled, as a shareholder or proxy representing a shareholder, to exercise at least 10% of the voting rights entitled to be voted on that matter.
a matter to be decided at the meeting may not begin to be considered unless sufficient persons are present at the meeting to exercise, in aggregate, at least 25 percent of all of the voting rights that are entitled to be exercised on that matter at the time the matter is called on the agenda.
A companys Memorandum of Incorporation may specify a lower or higher percentage in place of the 25 percent required in either or both of subsection (1)(a) or (b).
the requirements of subsection (1) or the Memorandum of Incorporation, if different, are satisfied.
if there is no other business on the agenda of the meeting, the meeting is adjourned for one week, without motion or vote.
one or more particular shareholders, having been delayed, have communicated an intention to attend the meeting, and those shareholders, together with others in attendance, would satisfy the requirements of subsection (1), or (3) if applicable.
the period of one week contemplated in subsection (4).
a location announced at the time of adjournment, in the case of an adjourned meeting.
if applicable, have not been satisfied, the shareholders, or in the case of a non-profit company, the members of the company present in person or by proxy will be deemed to constitute a quorum.
[Subs. 8 substituted by s.
Unless the companys Memorandum of Incorporation or rules provide otherwise, after a quorum has been established for a meeting, or for a matter to be considered at a meeting, the meeting may continue, or the matter may be considered, so long as at least one shareholder with voting rights entitled to be exercised at the meeting, or on that matter, is present at the meeting.
that are entitled to be exercised on at least one matter remaining on the agenda of the meeting, or on the matter under debate, as the case may be.
[Words following subpara. (ii) inserted as part of the substitution of subpara. (ii) by s.
requires that a further notice be given to shareholders only if the meeting determined that the adjournment was "until further notice", as contemplated in paragraph (a)(ii).
the date that is 60 business days after the date on which the adjournment occurred.
A companys Memorandum of Incorporation may provide for different maximum periods of adjournment of meetings than those set out in subsection (12), or for unlimited adjournment of meetings.
accompanied by sufficient information or explanatory material to enable a shareholder who is entitled to vote on the resolution to determine whether to participate in the meeting and to seek to influence the outcome of the vote on the resolution.
compensate the applicant for costs of the proceedings, if successful.
For an ordinary resolution to be approved by shareholders, it must be supported by more than 50 percent of the voting rights exercised on the resolution.
one or more higher percentages of voting rights to approve ordinary resolutions concerning one or more particular matters, respectively, provided that there must at all times be a margin of at least 10 percentage points between the highest established requirement for approval of an ordinary resolution on any matter, and the lowest established requirement for approval of a special resolution on any matter.
[Words following para. (b) substituted by s.
For a special resolution to be approved by shareholders, it must be supported by at least 75 percent of the voting rights exercised on the resolution.
provided that there must at all times be a margin of at least 10 percentage points between the highest established requirement for approval of an ordinary resolution on any matter, and the lowest established requirement for approval of a special resolution on any matter.
[Subs. (11) substituted by s.
A companys Memorandum of Incorporation may require a special resolution to approve any other matter not contemplated in subsection (11).
The business and affairs of a company must be managed by or under the direction of its board, which has the authority to exercise all of the powers and perform any of the functions of the company, except to the extent that this Act or the companys Memorandum of Incorporation provides otherwise.
in addition to the minimum number of directors that the company must have to satisfy any requirement, whether in terms of this Act or its Memorandum of Incorporation, to appoint an audit committee, or a social and ethics committee as contemplated in section 72(4).
[Words following para. (b) inserted as part of the substitution of para. (b) by s.
A companys Memorandum of Incorporation may specify a higher number in substitution for the minimum number of directors required by subsection (2).
in the case of a profit company other than a state-owned company, must provide for the election by shareholders of at least 50 percent of the directors, and 50 percent of any alternate directors.
duties, and is subject to all of the liabilities, of any other director of the company.
The election or appointment of a person as a director is a nullity if, at the time of the election or appointment, that person is ineligible or disqualified in terms of section 69.
has delivered to the company a written consent to serve as its director.
The Minister may make regulations designating any specific function or functions within a company to constitute a prescribed office for the purposes of this Act.
Any failure by a company at any time to have the minimum number of directors required by this Act or the companys Memorandum of Incorporation, does not limit or negate the authority of the board, or invalidate anything done by the board or the company.
Save as otherwise provided elsewhere in this Act or in the companys Memorandum of Incorporation, any particular director may be appointed to more than one committee of the company, and when calculating the minimum number of directors required for a company in terms of subsections (2) and (3), any such director who has been appointed to more than one committee must be counted only once.
[Subs. (12) inserted by s.
first elected in accordance with section 68 or the companys Memorandum of Incorporation.
If the number of incorporators of a company, together with any ex officio directors, or directors to be appointed as contemplated in section 66(4)(a)(i), is fewer than the minimum number of directors required for that company in terms of this Act or the companys Memorandum of Incorporation, the board must call a shareholders meeting within 40 business days after incorporation of the company for the purpose of electing sufficient directors to fill all vacancies on the board at the time of the election.
[Heading of s. 68 substituted by s.
Subject to subsection (3), each director of a profit company, other than the first director or a director contemplated in section 66(4)(a)(i) or (ii), must be elected by the persons entitled to exercise voting rights in such an election, to serve for an indefinite term, or for a term as set out in the Memorandum of Incorporation.
the vacancy is filled only if a majority of the voting rights exercised support the candidate.
Unless the Memorandum of Incorporation of a profit company provides otherwise, the board may appoint a person who satisfies the requirements for election as a director to fill any vacancy and serve as a director of the company on a temporary basis until the vacancy has been filled by election in terms of subsection (2), and during that period any person so appointed has all of the powers, functions and duties, and is subject to all of the liabilities, of any other director of the company.
[Subs. (3) substituted by s.
a person who is a member of a committee of a board of a company, or of the audit committee of a company, irrespective of whether or not the person is also a member of the companys board.
act as a director of a company.
A company must not knowingly permit an ineligible or disqualified person to serve or act as a director.
A person who becomes ineligible or disqualified while serving as a director of a company ceases to be entitled to continue to act as a director immediately, subject to section 70(2).
minimum qualifications to be met by directors of that company.
does not satisfy any qualification set out in the companys Memorandum of Incorporation.
at the end of one or more extensions, as determined by a court from time to time, on application by the Commission in terms of subsection (10).
the court may extend the disqualification for no more than five years at a time, if the court is satisfied that an extension is necessary to protect the public, having regard to the conduct of the disqualified person up to the time of the application.
a conviction for an offence referred in subsection (8)(b)(iv), send a copy of the relevant order or particulars of the conviction, as the case may be, to the Commission.
[Subs. (11A) inserted by s.
The Commission must notify each company which has as a director to whom the order or conviction relates, of the order or conviction.
[Subs. (11B) inserted by s.
[Subs. (12) deleted by s.
The Commission must establish and maintain in the prescribed manner a public register of persons who are disqualified from serving as a director, or who are subject to an order of probation as a director, in terms of an order of a court pursuant to this Act or any other law.
the granting of an order by the court on such an application, but the director is suspended from office during that time.
A person contemplated in subsection (4) may apply to a court for relief, and the court may grant a supervisory order relating to a meeting convened in terms of that paragraph if the court is satisfied that such an order is required to prevent the oppression, or preserve the rights, of any shareholder.
Every company must file a notice within 10 business days after a person becomes or ceases to be a director of the company.
Despite anything to the contrary in a companys Memorandum of Incorporation or rules, or any agreement between a company and a director, or between any shareholders and a director, a director may be removed by an ordinary resolution adopted at a shareholders meeting by the persons entitled to exercise voting rights in an election of that director, subject to subsection (2).
the director must be afforded a reasonable opportunity to make a presentation, in person or through a representative, to the meeting, before the resolution is put to a vote.
has neglected, or been derelict in the performance of, the functions of director, the board, other than the director concerned, must determine the matter by resolution, and may remove a director whom it has determined to be ineligible or disqualified, incapacitated, or negligent or derelict, as the case may be.
a reasonable opportunity to make a presentation, in person or through a representative, to the meeting before the resolution is put to a vote.
If, in terms of subsection (3), the board of a company has determined that a director is ineligible or disqualified, incapacitated, or has been negligent or derelict, as the case may be, the director concerned, or a person who appointed that director as contemplated in section 66(4)(a)(i), if applicable, may apply within 20 business days to a court to review the determination of the board.
remove the director from office, if the court is satisfied that the director is ineligible or disqualified, incapacitated, or has been negligent or derelict.
subsections (4), (5) and (6), each read with the changes required by the context, apply to the determination of the matter by the Companies Tribunal.
loss of any other office as a consequence of being removed as a director.
delegate to any committee any of the authority of the board.
has the full authority of the board in respect of a matter referred to it.
rules governing the composition and conduct of social and ethics committees.
it is not reasonably necessary in the public interest to require the company to have a social and ethics committee, having regard to the nature and extent of the activities of the company.
The Commission, on its own initiative or on request by a shareholder, or a person who was granted standing by the Tribunal at the hearing of the exemption application, may apply to the Tribunal to set aside an exemption only on the grounds that the basis on which the exemption was granted no longer applies.
be heard at any general shareholders meeting contemplated in this paragraph on any part of the business of the meeting that concerns the committees functions.
two directors, in any other case.
A companys Memorandum of Incorporation may specify a higher or lower percentage or number in substitution for those set out in subsection (1)(b).
one or more directors may participate in a meeting by electronic communication, so long as the electronic communication facility employed ordinarily enables all persons participating in that meeting to communicate concurrently with each other without an intermediary, and to participate effectively in the meeting.
no meeting of a board may be convened without notice to all of the directors, subject to subsection (5).
the matter being voted on fails, in any other case.
every resolution adopted by the board.
are effective as of the date of the resolution, unless the resolution states otherwise.
"related person", when used in reference to a director, has the meaning set out in section 1, but also includes a second company of which the director or a related person is also a director, or a close corporation of which the director or a related person is a member.
is the only director of that company.
as a director, determine any other matter in which the person or a related person has a personal financial interest, unless the agreement or determination is approved by an ordinary resolution of the shareholders after the director has disclosed the nature and extent of that interest to the shareholders.
At any time, a director may disclose any personal financial interest in advance, by delivering to the board, or shareholders in the case of a company contemplated in subsection (3), a notice in writing setting out the nature and extent of that interest, to be used generally for the purposes of this section until changed or withdrawn by further written notice from that director.
must not execute any document on behalf of the company in relation to the matter unless specifically requested or directed to do so by the board.
If a director of a company acquires a personal financial interest in an agreement or other matter in which the company has a material interest, or knows that a related person has acquired a personal financial interest in the matter, after the agreement or other matter has been approved by the company, the director must promptly disclose to the board, or to the shareholders in the case of a company contemplated in subsection (3), the nature and extent of that interest, and the material circumstances relating to the director or related persons acquisition of that interest.
[Subs. (8) substituted by s.
is bound not to disclose that information by a legal or ethical obligation of confidentiality.
having the general knowledge, skill and experience of that director.
any information, opinions, recommendations, reports or statements, including financial statements and other financial data, prepared or presented by any of the persons specified in subsection (5).
a committee of the board of which the director is not a member, unless the director has reason to believe that the actions of the committee do not merit confidence.
any provision of the companys Memorandum of Incorporation.
[Words following item (bb) substituted by s.
[Subpara. (iv) substituted by s.
[Subpara. (v) substituted by s.
an allotment by the company, despite knowing that the allotment was contrary to any provision of Chapter 4.
[Subpara. (viii) substituted by s.
the amount, if any, recovered by the company from persons to whom the distribution was made.
requiring the company to indemnify any director who has been or may be held liable in terms of this section, including indemnification for the costs of the proceedings under this subsection.
to restore to the company any amount improperly paid by the company as a consequence of the impugned act, and not recoverable in terms of this Act.
having regard to all the circumstances of the case, including those connected with the appointment of the director, it would be fair to excuse the director.
negate, limit or restrict any legal consequences arising from an act or omission that constitutes wilful misconduct or wilful breach of trust on the part of the director.
Subject to subsection (3A), a company may not directly or indirectly pay any fine that may be imposed on a director of the company, or on a director of a related company, as a consequence of that director having been convicted of an offence, unless the conviction was based on strict liability.
two or more related individuals are the only shareholders of that company, and there are no directors of the company other than one or more of those individuals.
[Subs. (3A) inserted by s.
arise in respect of any liability for which the company may indemnify the director, in terms of subsections (5) and (6).
any fine contemplated in subsection (3).
winding-up and liquidation by court order, as contemplated in section 81.
A resolution providing for the voluntary winding-up of a company must be filed, together with the prescribed notice and filing fee.
a certificate by the companys auditor, or if it does not have an auditor, a person who meets the requirements for appointment as an auditor, and appointed for the purpose, stating that to the best of the auditors knowledge and belief and according to the financial records of the company, the company appears to have no debts.
the creditors, in the case of a winding-up by creditors.
A voluntary winding-up of a company begins when the resolution of the company has been filed in terms of subsection (2).
When a resolution has been filed in terms of subsection (2), the Commission must promptly deliver a copy of it to the Master.
in the case of a winding-up by creditors, the liquidator or the creditors.
within the previous five years, enforcement procedures in terms of this Act or the Close Corporations Act, 1984 (Act No. 69 or 1984), were taken against the company, its directors or prescribed officers, or other persons in control of the company for substantially the same conduct, resulting in an administrative fine, or conviction for an offence.
the distribution of the estate of a former shareholder, and the present shareholder, and other or former shareholder, in aggregate, satisfied the requirements of paragraph (a).
one or more shareholders have applied to the court for a declaration in terms of section 162 to declare delinquent the directors, if any, responsible for the alleged misconduct, and the court is satisfied that the removal of those directors would bring the misconduct to an end.
the court has made an order applied for in terms of subsection (1)(c), (d), (e) or (f).
The Master must file a certificate of winding up of a company in the prescribed form when the affairs of the company have been completely wound up.
remove the companys name from the companies register.
has no assets or, because of the inadequacy of its assets, there is no reasonable probability of the company being liquidated.
the company has satisfied the prescribed requirements for doing so.
A company is dissolved as of the date its name is removed from the companies register unless the reason for the removal is that the companys registration has been transferred to a foreign jurisdiction, as contemplated in section 82(5).
The removal of a companys name from the companies register does not affect the liability of any former director or shareholder of the company or any other person in respect of any act or omission that took place before the company was removed from the register.
if the court declares the dissolution to have been void, any proceedings may be taken against the company as might have been taken if the company had not been dissolved.
otherwise, only to the extent that the companys Memorandum of Incorporation so requires, as contemplated in section 34(2).
[Subs. (2) deleted by s.
if there is a conflict between a provision of this Chapter and a provision of the Public Audit Act, 2004 (Act No.
despite the provisions of this Chapter to the contrary, the state-owned company is not required to appoint an auditor for any financial year in respect of which the Auditor-General has elected, in terms of the Public Audit Act, 2004 (Act No.
in any year in which the state-owned company is required by this Chapter to appoint an auditor, any requirement in terms of the Public Audit Act, 2004 (Act No. 25 of 2004), to have the appointment of the companys auditor approved by the Auditor-General applies to that company, in addition to the relevant provisions of this Chapter.
an audit committee, in the manner and for the purposes set out in Part D.
voluntarily, as contemplated in section 34(2).
assess a pro-rata share of the cost of convening the general meeting to each director of the company who knowingly permitted the company to fail to make the appointment in accordance with this Part.
A company that has been given notice contemplated in subsection (6)(a),or a director who has been assessed any portion of the costs of a meeting, as contemplated in subsection (6)(b), may apply to the Companies Tribunal to set aside the notice, or the assessment, in whole or in part.
any changes in the particulars referred to in paragraphs (a) and (b), as they occur, with the date and nature of each such change.
Within 10 business days after making an appointment contemplated in subsection (1), or after the termination of service of such an appointment, a company must file a notice of the appointment or termination, as the case may be, subject to subsection (4).
The incorporators of a company may file a notice of the appointment of the companys first company secretary, auditor or audit committee as part of the companys Notice of Incorporation.
A public company or state-owned company must appoint a company secretary.
be a permanent resident of the Republic, and remain so while serving in that capacity.
an ordinary resolution of the holders of the companys securities.
Within 60 business days after a vacancy arises in the office of company secretary, the board must fill the vacancy by appointing a person whom the directors consider to have the requisite knowledge and experience.
at least one employee of that juristic person, or one partner or employee of that partnership, as the case may be, satisfies the requirements contemplated in section 86.
any action taken by the juristic person or partnership in performance of its functions as company secretary is not invalidated merely because the juristic person or partnership had ceased to satisfy the requirements of subsection (1) at the time of that action.
A companys secretary is accountable to the companys board.
carrying out the functions of a person designated in terms of section 33(3).
less than one month written notice, with the approval of the board.
If the company secretary is removed from office by the board, the company secretary may require the company to include a statement in its annual financial statements relating to that financial year, not exceeding a reasonable length, setting out the company secretarys contention as to the circumstances that resulted in the removal.
If the company secretary wishes to exercise the power referred to in subsection (2), the company secretary must give written notice to that effect to the company by not later than the end of the financial year in which the removal took place and that notice must include the statement referred to in subsection (2).
The statement of the company secretary referred to in subsection (2) must be included in the directors report in the companys annual financial statements.
at the annual general meeting at which the requirement first applies to the company, and each annual general meeting thereafter.
[Subs. (1A) inserted by s.
must be acceptable to the companys audit committee as being independent of the company, having regard to the matters enumerated in section 94(8), in the case of a company that has appointed an audit committee, whether as required by section 94, or voluntarily as contemplated in section 34(2).
If a company appoints a firm as an auditor, the individual determined by that firm, in terms of section 44(1) of the Auditing Profession Act, to be responsible for performing the functions of auditor must satisfy the requirements of subsection (2).
If a company that is required to appoint an auditor does not do so when it registers the incorporation of the company, the directors of the company must appoint the first auditor of the company within 40 business days after the date of incorporation of the company.
The first auditor of a company holds office until the conclusion of the first annual general meeting of the company.
the company has notice of an intended resolution to appoint some other person or persons in place of the retiring auditor.
If an annual general meeting of a company does not appoint or reappoint an auditor the directors must fill the vacancy in the office in terms of the procedure contemplated in section 91 within 40 business days after the date of the meeting.
The resignation of an auditor is effective when the notice is filed.
may appoint a new auditor at any time, if there was more than one incumbent, but while any such vacancy continues, the surviving or continuing auditor may act as auditor of the company.
may proceed to make an appointment of a person proposed in terms of paragraph (a) if, within five business days after delivering the proposal, the audit committee does not give notice in writing to the board rejecting the proposed auditor.
If a company appoints a firm as its auditor, any change in the composition of the members of that firm does not by itself create a vacancy in the office of auditor for that year, subject to subsection (5).
If, by comparison with the membership of a firm at the time of its latest appointment, less than one half of the members remain after a change contemplated in subsection (4), that change constitutes the resignation of the firm as auditor of the company, giving rise to a vacancy.
Section 89, read with the changes required by the context, applies with respect to an auditor of a company, hut a reference in that section to "company secretary" must be regarded as referring to the companys auditor.
The same individual may not serve as the auditor or designated auditor of a company for more than five consecutive financial years.
If an individual has served as the auditor or designated auditor of a company for two or more consecutive financial years and then ceases to be the auditor or designated auditor, the individual may not be appointed again as the auditor or designated auditor of that company until after the expiry of at least two further financial years.
be heard at any general shareholders meeting contemplated in this paragraph on any part of the business of the meeting that concerns the auditors duties or functions.
make an order of costs personally against any director or prescribed officer whom the court has found to have wilfully and knowingly frustrated, or attempted to frustrate, the performance of the auditors functions.
as may be determined by the companys audit committee in terms of section 94(7)(d).
does not apply to a company that has been granted an exemption in terms of section 64(4) of the Banks Act.
the audit committee of that other company will perform the functions required under this section on behalf of that subsidiary company.
by the board, within 40 business days after the incorporation of the company.
not be related to any person who falls within any of the criteria set out in paragraph (b).
The Minister may prescribe minimum qualification requirements for members of an audit committee as necessary to ensure that any such committee, taken as a whole, comprises persons with adequate relevant knowledge and experience to equip the committee to perform its functions.
The board of a company contemplated in section 84(1) must appoint a person to fill any vacancy on the audit committee within 40 business days after the vacancy arises.
to perform such other oversight functions as may be determined by the board.
[Para. (i) substituted by s.
consider compliance with other criteria relating to independence or conflict of interest as prescribed by the Independent Regulatory Board for Auditors established by the Auditing Profession Act, in relation to the company, and if the company is a member of a group of companies, any other company within that group.
Nothing in this section precludes the appointment by a company at its annual general meeting of an auditor other than one nominated by the audit committee, but if such an auditor is appointed, the appointment is valid only if the audit committee is satisfied that the proposed auditor is independent of the company.
with which the first company proposes to be amalgamated or to merge.
"untrue statement" includes a statement that is misleading in the form and context in which it is made, subject to subsections (3) and (4).
that is incorporated by reference within, or is attached to or accompanies, the prospectus, written statement or summary.
purports to affect an applicant for securities with any notice of any agreement, document or matter not specifically referred to in a prospectus or written statement.
in respect of related or ancillary matters concerning the offering of company securities.
the Public Investment Corporation as defined in the Public Investment Corporation Act, 2004 (Act No.
an authorised financial services provider, as defined in the Financial Advisory and Intermediary Services Act, 2002 (Act No.
a financial institution, as defined in the Financial Services Board Act, 1990 (Act No.
no similar offer, or offer in a series of offers, has been made by the company within the period prescribed in terms of subsection (2)(b) immediately before the offer, or first of a series of offers, as the case may be.
a minimum period for the purposes of subsection (1)(g)(v), which must not be less than six months.
the compliance officer has complied with the requirements of subsection (2).
is subject to every provision of this Act relating to the making of a prospectus.
is subject to sections 102 to 111, read with the changes required by the context.
that does not satisfy all of the requirements set out in subsection (2)(a) and (b) will, despite any statement to the contrary contained in the advertisement, be regarded as having been intended to be a prospectus issued by the person responsible for publishing or disseminating the advertisement, and is subject to every provision of this Act relating to such a prospectus.
in the case of a foreign company, a copy of its Memorandum of Incorporation or comparable governing document, and a list of the names and addresses of its directors, has been filed within 90 business days before the offer to the public is made.
secondary offer to the public of any securities of a company, unless the offer satisfies the requirements of section 101.
approved by the relevant exchange, in the case of listed securities.
bears on the face of it the date on which the prospectus in respect of those securities was filed.
in relation to securities that were not offered to the public.
subject to any conditions attached to the approval contemplated in paragraph (a).
A prospectus may not be registered unless the requirements of this Act have been complied with and it has been filed for registration, together with any prescribed documents, within 10 business days after the date of that prospectus.
As soon as the Commission has registered a prospectus, it must send notice of the registration to the person who filed the prospectus for registration.
adhere to the prescribed specifications.
in the case of an unwritten agreement, a memorandum giving full particulars of the agreement.
If any part of an agreement contemplated in subsection (4) is in a language that is not an official language, a certified translation, in an official language, of that part must be attached to the agreement.
A prospectus containing a statement to the effect that the whole or any portion of the issue of the securities offered to the public has been or is being underwritten may not be registered until a copy of the underwriting agreement has been filed, together with a sworn declaration stating that to the best of the deponents knowledge and belief the underwriter is and will be in a position to carry out the obligations contemplated in the agreement even if no shares are being applied for.
If an offer is made in respect of which no prospectus is required by this Act, the copy of the agreement and sworn declaration referred to in subsection (6) must be filed not later than the date of the proposed offer of shares.
that users will not be unduly prejudiced by the omission.
report on any change of a matter included in the prospectus, provided these are relevant or material in terms of this Chapter.
to reverse any transaction, or restore any consideration paid or benefit received by any person in terms of the offer and subscription.
in respect of which an exchange has granted permission to deal.
a written statement that satisfies the requirements of subsections (4) to (6).
by a person acting in the capacity of an executor or administrator of a deceased estate or a trustee of an insolvent estate or a liquidator or trustee referred to in the Administration of Estates Act, 1965 (Act No.
for the purpose of a sale in execution or by public auction or by public tender.
not issue, distribute or publish the statement more than three months after the date on which it is registered.
if that person is a company, by every director of the company.
[Subpara. (vii) substituted by s.
if any securities were issued by the company as partly paid-up shares under the Companies Act, 1973 (Act No.
the date of registration of the written statement by the Commission.
In subsection (6), the expression company refers to the company that issued the relevant securities.
the use of that persons name in the prospectus.
Subject to subsection (2), within one year after the date of filing a prospectus, a company must not vary or agree to vary any material terms of an agreement referred to in the prospectus, other than in the ordinary course of business.
the specific terms of the variation are authorised or ratified by an ordinary resolution adopted at a general shareholders meeting.
made that offer to the public, is liable to compensate any person who acquired securities on the faith of the prospectus for any loss or damage the person may have sustained as a result of any untrue statement in the prospectus, or in any report or memorandum appearing on the face of, issued with, or incorporated by reference in, the prospectus.
after the issue of the prospectus and before allotment or acceptance thereunder, that person, on becoming aware of any untrue statement in it, withdrew any consent to the prospectus and gave reasonable public notice of the withdrawal and of the reason for it.
any other person who issued the prospectus or authorised the issue of it, is liable, together with the directors, to indemnify any person incorrectly named as a director against any damage, cost or expense arising as a result of that person having been so named in the prospectus, or incurred in defending against any action or legal proceedings brought in respect of having been so named in the prospectus.
has withdrawn it before the issue of the prospectus.
having become a director between the issue of the prospectus and the holding of the first general shareholders meeting at which directors are elected or appointed, has satisfied any liability under this section by making a payment to another person, may recover a contribution, as in cases of contract, from any other person, who, if sued separately, would have been liable to make the same payment, unless the person who has satisfied such liability was, and that other person was not, guilty of fraudulent misrepresentation.
to indemnify any person against liability under section 104(6).
had reasonable ground to believe and did up to the time of the allotment of the securities or the acceptance of the offer, as the case may be, believe that the statement was true.
the expert has consented to the inclusion of the statement in the prospectus in the form and context in which it appears, the expert person is solely responsible for that statement, subject to the provisions of subsection (3).
liability for the untrue statement does not attach to that person for any reason set out in section 104(3).
A company that has offered securities to the public must not allot any of those securities or accept any subscription for any of those securities, more than four months after filing the prospectus for that offer.
it is shown that the applicant, at the time of the application, was in fact in possession of a copy of the prospectus or was aware of its contents.
any amount paid to and received by the company must be reduced by the amount of any money, bill, promissory note or cheque that it has at any time delivered to the payer otherwise than in discharge of a debt bona fide due by the company.
not be used or made available for the purposes of the company or for the satisfaction of its debts.
If any money required to be repaid to an applicant in terms of subsection (6) has not been repaid within 55 business days after the issue of the prospectus, each director or prescribed officer of the company is jointly and severally liable, with all other such directors and prescribed officers of the company, to repay that money with interest, in accordance with the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975), from the expiration of the 55th business day, unless the default in payment was not due to any misconduct or negligence on the part of that director or prescribed officer.
every director of the company concerned and, if the offeror is a company, every director of that company, is liable to the extent set out in section 77(3)(e)(vii), if the allotment or acceptance is declared void under paragraph (a).
three years after the date of the relevant allotment or acceptance.
No allotment of securities or acceptance of an offer in respect of securities of a company may be made in pursuance of a prospectus, and no proceedings may be taken on applications made in pursuance of a prospectus, until the beginning of the third day after that on which the prospectus is first issued or such later time, if any, specified in the prospectus.
if it is not issued as a newspaper advertisement before the third day after the day on which it is first issued in any other manner, is a reference to the day on which it is first issued in that other manner.
the prospectus names the particular exchange to which the application has been made.
an appeal against a refusal of such an application is upheld.
a wholly-owned subsidiary of a holding company, on the one hand, and its holding company and one or more wholly-owned subsidiaries of that holding company, on the other hand.
the company has satisfied all other requirements set out in section 115, to the extent those requirements are applicable to such a disposal by that company.
the provisions of sections 115 and 164, in a manner that satisfies the prescribed standards.
Any part of the undertaking or assets of a company to be disposed of, as contemplated in this section, must be fairly valued, as calculated in the prescribed manner, as at the date of the proposal, which date must be determined in the prescribed manner.
Two or more profit companies, including holding and subsidiary companies, may amalgamate or merge if, upon implementation of the amalgamation or merger, each amalgamated or merged company will satisfy the solvency and liquidity test.
the estimated cost of the proposed amalgamation or merger.
if the board reasonably believes that each proposed amalgamated or merged company will satisfy the solvency and liquidity test, it may submit the agreement for consideration at a shareholders meeting of that amalgamating or merging company, in accordance with section 115.
the provisions of sections 115 and 164 in a manner that satisfies prescribed standards.
The requirements of subsections (4) and (5) do not apply to a company engaged in business rescue proceedings, in respect of any transaction that is pursuant to or contemplated in the companys business rescue plan that has been adopted in accordance with Chapter 6.
a combination of the methods contemplated in this subsection.
able to express opinions, exercise judgment and make decisions impartially.
[Para. (e) substituted by s.
include a copy of sections 115 and 164.
Section 48 applies to a proposed arrangement contemplated in this section to the extent that the arrangement would result in any re-acquisition by a company of any of its previously issued securities.
implement a scheme of arrangement, the Panel has issued a compliance certificate in respect of the transaction, in terms of section 119(4)(b), or exempted the transaction in terms of section 119(6).
[Subpara. (iii) substituted by s.
by the court, to the extent required in the circumstances and manner contemplated in subsections (3) to (6).
the court, on an application within 10 business days after the vote by any person who voted against the resolution, grants that person leave, in terms of subsection (6), to apply to a court for a review of the transaction in accordance with subsection (7).
required to be voted in support of a resolution, or actually voted in support of the resolution.
In subsection (4), "act in concert" has the meaning set out in section 117(1)(b).
[Subs. (4A) inserted by s.
treat the resolution as a nullity.
has alleged facts which, if proved, would support an order in terms of subsection (7).
the vote was materially tainted by conflict of interest, inadequate disclosure, failure to comply with the Act, the Memorandum of Incorporation or any applicable rules of the company, or other significant and material procedural irregularity.
was present at the meeting and voted against that special resolution.
any other relief that may be necessary or appropriate to give effect to, and properly implement, the amalgamation or merger.
Subsection (1) does not apply to a company engaged in business rescue proceedings, in respect of any transaction pursuant to or contemplated in the companys business rescue plan adopted in accordance with Chapter 6.
subject to the order of the court.
deregister any of the amalgamating or merging companies that did not survive the amalgamation or merger.
conviction against, or ruling, order or judgment in favour of or against, an amalgamating or merging company, and any such ruling, order or judgment may be enforced by or against any amalgamated or merged, company.
each newly amalgamated, or surviving merged company is liable for all of the obligations of every amalgamating or merging company, in accordance with the provisions of the amalgamation or merger agreement, or any other relevant agreement, but in any case subject to the requirement that each amalgamated or merged company must satisfy the solvency and liquidity test, and subject to subsection (8), if it is applicable.
If, as a consequence of an amalgamation or merger, any property that is registered in terms of any public regulation is to be transferred from an amalgamating or merging company to an amalgamated or merged company, a copy of the amalgamation or merger agreement, together with a copy of the filed notice of amalgamation or merger, constitutes sufficient evidence for the keeper of the relevant property registry to effect a transfer of the registration of that property.
If, with respect to a transaction involving a company that is regulated in terms of the Banks Act, there is a conflict between a provision of subsection (7) and a provision of section 54 of that Act, the provisions of that Act prevail.
is convertible to a instrument that satisfies the criteria set out in subparagraph (i).
the Memorandum of Incorporation of that company expressly provides that the company and its securities are subject to this Part, Part C and the Takeover Regulations, irrespective of whether the company falls within the criteria set out in subparagraph (i).
The Minister, after consulting the Panel, may prescribe a minimum percentage, being not less than 10 percent, of the issued securities of a private company which, if transferred within a 24-month period as contemplated in subsection (1)(c)(i), would bring that company and its securities within the application of this Part, Part C, and the Takeover Regulations in terms of that subsection.
a scheme of arrangement proposed by a regulated company, to the extent that any such affected transaction is pursuant to or contemplated in an approved business rescue plan in terms of Chapter 6.
to the extent that it is impossible to apply or comply with one of the inconsistent provisions without contravening the second, the provisions of the other public regulation prevail.
prevent actions by a regulated company designed to impede, frustrate, or defeat an offer, or the making of fair and informed decisions by the holders of that companys securities.
are provided sufficient information, and permitted sufficient time, to enable them to reach a properly informed decision.
[Pra. (b) substituted by s.
initiate or receive complaints, conduct investigations, and issue compliance notices, with respect to any affected transaction or offer, in accordance with Chapter 7, and the Takeover Regulations.
account for profits.
doing so is otherwise reasonable and justifiable in the circumstances having regard to the principles and purposes of this Part, Part C and the Takeover Regulations.
any other matters relating to the powers and functions of the Panel.
granted an exemption for that transaction.
disposes of a beneficial interest in sufficient securities of a class issued by a company such that, as a result of the disposition, the person no longer holds a beneficial interest in securities amounting to a particular multiple of 5 percent of the issued securities of that class.
person who has acted in concert with any other person.
report the information to the holders of the relevant class of securities unless the notice concerned a disposition of less than 1 percent of the class of securities.
In this section, "prescribed percentage" means the percentage prescribed by the Minister in terms of subsection (5).
as a result of that acquisition, together with any other securities of the company already held by the person or persons contemplated in paragraph (a)(ii), they are able to exercise at least the prescribed percentage of all the voting rights attached to securities of that company.
offering to acquire any remaining such securities on terms determined in accordance with this Act and the Takeover Regulations.
For the purposes contemplated in this section, the Minister, on the advice of the Panel, may prescribe a percentage of not more than 35 percent of the voting securities of a company.
subject to subsection (2), after giving notice in terms of paragraph (a), the offeror is entitled, and bound, to acquire the securities concerned on the same terms that applied to securities whose holders accepted the original offer.
imposing conditions of acquisition different from those of the original offer.
the court is satisfied that it is just and equitable to make the order, having regard, in particular, to the number of holders of securities who have been traced but who have not accepted the offer.
after receiving a demand in terms of paragraph (b), the offeror is entitled, and bound, to acquire the securities concerned on the same terms that applied to securities whose holders accepted the original offer.
subject to the payment of prescribed fees or duties, the company must thereupon register the offeror as the holder of those securities.
An instrument of transfer contemplated in subsection (5) is not required for any securities for which a share warrant is for the time being outstanding.
[Subs. (6) substituted by s.
paid on demand to the person contemplated in paragraph (a), with interest to the date of payment.
If a person contemplated in subsection (7)(a) fails for more than three years to demand payment of an amount held in terms of that paragraph, the amount, together with any accumulated interest, must be paid to the benefit of the Guardians Fund of the Master of the High Court, to be held and dealt with in accordance with the rules of that Fund.
In this section any reference to a holder of securities who has not accepted the offer includes any holder who has failed or refused to transfer their securities to the offeror in accordance with the offer.
"prescribed percentage" means the percentage prescribed in terms of section 123(5).
a person acting alone, or two or more persons acting in concert, make an offer for any securities of a regulated company that has more than one class of issued securities, which, if accepted, could result in a person, or a number of related or inter-related persons holding securities of the company entitling the person or persons to exercise more than the prescribed percentage of the general voting rights associated with all issued securities of the company, that person or those persons acting in concert must make a comparable offer to acquire securities of each class of issued securities of that company.
An offer that is conditional, as contemplated in subsection (3)(b), may not be declared to be unconditional as to acceptances unless it has been accepted to the extent specified in terms of subsection (3)(b)(i).
any securities tendered in excess of the relevant percentage must be accepted by the offeror from each holder of securities in the same proportion to the number tendered as will enable the offeror to obtain the total number of shares for which it has offered.
make a distribution that is abnormal as to timing and amount, without the prior written approval of the Panel, and the approval of the holders of relevant securities, or in terms of a pre-existing obligation or agreement entered into before the time contemplated in this subsection.
enter into arrangements which involve acceptance of an offer, if there are favourable conditions attached that are not being extended to all holders of the relevant securities.
acquire any securities in the offeree company after giving the notice contemplated in paragraph (a)(ii).
acquire any securities of the offeree company, if as a result of that acquisition, either the offeror or that person would be required to make a mandatory offer in terms of section 123.
any person who is subsequently acting in concert with a person contemplated in paragraph (a) or (b), must not make a second offer to any holder of securities of the target company, or acquire any interest in any such securities, on more favourable terms than those made under the original offer.
[Heading of Part renamed to Part A by s.
"voting interest" means an interest as recognised, appraised and valued in terms of section 145(4) to (6).
For the purpose of subsection (1)(g), an employee of a company is not related to that company solely as a result of being a member of a trade union that holds securities of that company.
there appears to be a reasonable prospect of rescuing the company.
has no force or effect until it has been filed.
appoint a business rescue practitioner who satisfies the requirements of section 138, and who has consented in writing to accept the appointment.
publish a copy of the notice of appointment to each affected person within five business days after the notice was filed.
the company may not file a further resolution contemplated in subsection (1) for a period of three months after the date on which the lapsed resolution was adopted, unless a court, on good cause shown on an ex parte application, approves the company filing a further resolution.
If the board of a company has reasonable grounds to believe that the company is financially distressed, but the board has not adopted a resolution contemplated in this section, the board must deliver a written notice to each affected person, setting out the criteria referred to in section 128(1)(f) that are applicable to the company, and its reasons for not adopting a resolution contemplated in this section.
requiring the practitioner to provide security in an amount and on terms and conditions that the court considers necessary to secure the interests of the company and any affected persons.
subsection (1)(b) to set aside the appointment of the practitioner appointed by the company, unless that person satisfies the court that the person, in supporting the resolution, acted in good faith on the basis of information that has subsequently been found to be false or misleading.
notify each affected person of the application in the prescribed manner.
if the court has found that there were no reasonable grounds for believing that the company would be unlikely to pay all of its debts as they became due and payable, an order of costs against any director who voted in favour of the resolution to commence business rescue proceedings, unless the court is satisfied that the director acted in good faith and on the basis of information that the director was entitled to rely upon in terms of section 76(4) and (5).
the provisions of subsection (5)(b), if relevant, apply to the practitioner appointed in terms of paragraph (a).
dismissing the application, together with any further necessary and appropriate order, including an order placing the company under liquidation.
If the court makes an order in terms of subsection (4)(a), the court may make a further order appointing as interim practitioner a person who satisfies the requirements of section 138, and who has been nominated by the affected person who applied in terms of subsection (1), subject to ratification by the holders of a majority of the independent creditors voting interests at the first meeting of creditors, as contemplated in section 147.
the business rescue proceedings end, if the court makes the order applied for.
must notify each affected person of the order within five business days after the date of the order.
a court makes an order placing a company under supervision during the course of liquidation proceedings, or proceedings to enforce a security interest, as contemplated in section 131(7).
adopted in terms of Part D of this Chapter, and the practitioner has subsequently filed a notice of substantial implementation of that plan.
proceedings by a regulatory authority in the execution of its duties after written notification to the business rescue practitioner.
[Para. (f) inserted by s.
If any right to commence proceedings or otherwise assert a claim against a company is subject to a time limit, the measurement of that time must be suspended during the companys business rescue proceedings.
despite any provision of an agreement to the contrary, no person may exercise any right in respect of any property in the lawful possession of the company, irrespective of whether the property is owned by the company, except to the extent that the practitioner consents in writing.
[Subs. numbered as subs. (1) by s.
the nature of the property, and the rights claimed in respect of it.
provide security for the amount of those proceeds, to the reasonable satisfaction of that other person.
will be paid in the order of preference set out in subsection (3)(a).
will be paid in the order of preference set out in subsection (3)(b).
in subsection (2) will have preference in the order in which they were incurred over all unsecured claims against the company.
[Words preceding para. (ii) amended by s.
any retrenchment of any such employees contemplated in the companys business rescue plan is subject to section 189 and 189A of the Labour Relations Act, 1995 (Act No. 66 of 1995), and other applicable employment related legislation.
apply urgently to a court to entirely, partially or conditionally cancel, on any terms that are just and reasonable in the circumstances, any obligation of the company contemplated in paragraph (a).
an agreement to which section 35A or 35B of the Insolvency Act, 1936 (Act No.
contemplated in an approved business rescue plan.
to the extent that the director acts in accordance with paragraphs (b) and (c), is relieved from the duties of a director as set out in section 76, and the liabilities set out in section 77, other than section 77(3)(a), (b) and (c).
During a companys business rescue proceedings, each director of the company must attend to the requests of the practitioner at all times, and provide the practitioner with any information about the companys affairs as may reasonably be required.
If, during a companys business rescue proceedings, the board, or one or more directors of the company, purports to take any action on behalf of the company that requires the approval of the practitioner, that action is void unless approved by the practitioner.
is not related to a person who has a relationship contemplated in paragraph (d).
For the purposes of subsection (1)(a)(ii), the Commission may license any qualified person to practice in terms of this Chapter and may suspend or withdraw any such licence in the prescribed manner.
minimum qualifications for a person to practice as a business rescue practitioner, including different minimum qualifications for different categories of companies.
[S. 138 substituted by s.
as provided for in this section.
[Para. (2) substituted by s.
the practitioner is incapacitated and unable to perform the functions of that office, and is unlikely to regain that capacity within a reasonable time.
implement any business rescue plan that has been adopted in accordance with Part D of this Chapter.
The practitioner must, as soon as practicable after appointment, inform all relevant regulatory authorities having authority in respect of the activities of the company, of the fact that the company has been placed under business rescue proceedings and of his or her appointment.
is related to a person who has a relationship contemplated in paragraph (a).
may be held liable in accordance with any relevant law for the consequences of any act or omission amounting to gross negligence in the exercise of the powers and performance of the functions of practitioner.
As soon as practicable after being appointed, a practitioner must investigate the companys affairs, business, property, and financial situation, and after having done so, consider whether there is any reasonable prospect of the company being rescued.
voidable transactions, or the failure by the company or any director to perform any material obligation relating to the company, the practitioner must take any necessary steps to rectify the matter and may direct the management to take appropriate steps.
As soon as practicable after business rescue proceedings begin, each director of a company must deliver to the practitioner all books and records that relate to the affairs of the company and are in the directors possession.
any creditors and their rights or claims against the company.
No person is entitled, as against the practitioner of a company, to retain possession of any books or records of the company, or to claim or enforce a lien over any such books or records, unless such books or records are in the lawful possession of such person and he or she has made copies available to the practitioner or has afforded the practitioner a reasonable opportunity to inspect the books or records concerned..
the attainment of any particular result or combination of results relating to the business rescue proceedings.
the holders of a majority of the voting rights attached to any shares of the company that entitle the shareholder to a portion of the residual value of the company on winding-up, present and voting at a meeting called for the purpose of considering the proposed agreement.
the remuneration provided for in the agreement is unreasonable having regard to the financial circumstances of the company.
To the extent that the practitioners remuneration and expenses are not fully paid, the practitioners claim for those amounts will rank in priority before the claims of all other secured and unsecured creditors.
not represented by a registered trade union may elect to exercise any rights set out in this Chapter either directly, or by proxy through an employee organisation or representative.
To the extent that any remuneration, reimbursement for expenses or other amount of money relating to employment became due and payable by a company to an employee at any time before the beginning of the companys business rescue proceedings, and had not been paid to that employee immediately before the beginning of those proceedings, the employee is a preferred unsecured creditor of the company for the purposes of this Chapter.
present an offer to acquire the interests of one or more affected persons, in the manner contemplated in section 153.
in the case of a defined benefit pension scheme, the present value at the commencement of the business rescue proceedings of any unfunded liability under that scheme.
informally participate in those proceedings by making proposals for a business rescue plan to the practitioner.
present an offer to acquire the interests of any or all of the other creditors in the manner contemplated in section 153.
The creditors of a company are entitled to form a creditors committee, and through that committee are entitled to be consulted by the practitioner during the development of the business rescue plan.
a concurrent creditor who would be subordinated in a liquidation has a voting interest, as independently and expertly appraised and valued at the request of the practitioner, equal to the amount, if any, that the creditor could reasonably expect to receive in such a liquidation of the company.
give a written notice of the determination, or appraisal and valuation, to the person concerned at least 15 business days before the date of the meeting to be convened in terms of section 151.
review, re-appraise and re-value that persons voting interest, as determined in terms of subsection (5)(b).
present an offer to acquire the interests of any or all of the creditors or other holders of the companys securities in the manner contemplated in section 153.
the creditors may determine whether or not a committee of creditors should be appointed and, if so, may appoint the members of the committee.
agenda for the meeting.
At any meeting of creditors, other than the meeting contemplated in section 151, a decision supported by the holders of a simple majority of the independent creditors voting interests voted on a matter, is the decision of the meeting on that matter.
the employees representatives may determine whether or not an employees committee should be appointed and, if so, may appoint the members of the committee.
must act independently of the practitioner to ensure fair and unbiased representation of creditors or employees interests.
authorised in writing by an independent creditor or employee to be a member.
a statement whether the business rescue plan includes a proposal made informally by a creditor of the company.
the effect that the business rescue plan will have on the holders of each class of the companys issued securities.
statement of income and expenses for the ensuing three years, prepared on the assumption that the proposed business plan is adopted.
the holders of a majority of the creditors voting interests.
Within 10 business days after publishing a business rescue plan in terms of section 150, the practitioner must convene and preside over a meeting of creditors and any other holders of a voting interest, called for the purpose of considering the plan.
a summary of the rights of affected persons to participate in and vote at the meeting.
The meeting contemplated in this section may be adjourned from time to time, as necessary or expedient, until a decision regarding the companys future has been taken in accordance with sections 152 and 153.
call for a vote for preliminary approval of the proposed plan, as amended if applicable, unless the meeting has first been adjourned in accordance with paragraph (d)(ii).
the votes in support of the proposed plan included at least 50 percent of the independent creditors voting interests, if any, that were voted.
oppose adoption of the plan, the plan is rejected, and may be considered further only in terms of section 153.
in the case of creditors, had proven their claims against the company.
implement the plan as adopted.
if the business rescue plan was approved by the shareholders of the company, as contemplated in subsection (3)(c), the practitioner may amend the companys Memorandum of Incorporation to authorise, and determine the preferences, rights, limitations and other terms of, any securities that are not otherwise authorised, but are contemplated to be issued in terms of the business rescue plan, despite any provision of section 16, 36 or 37 to the contrary.
When the business rescue plan has been substantially implemented, the practitioner must file a notice of the substantial implementation of the business rescue plan.
advise the meeting that the company will apply to a court to set aside the result of the vote by the holders of voting interests or shareholders, as the case may be, on the grounds that it was inappropriate.
until the court has disposed of the contemplated application.
the provisions of this Part apply afresh to the publishing and consideration of that new or revised plan.
set a date for resumption of the meeting, without further notice, at which the provisions of section 152 and this section will apply afresh.
If no person takes any action contemplated in subsection (1), the practitioner must promptly file a notice of the termination of the business rescue proceedings.
a fair and reasonable estimate of the return to that person, or those persons, if the company were to be liquidated.
This section applies to a company, irrespective of whether or not it is financially distressed as defined in section 128(1)(f), unless it is engaged in business rescue proceedings in terms of this Chapter.
the benefits of adopting the proposal as opposed to the benefits that would be received by creditors if the company were to be placed in liquidation.
statement of income and expenses for the ensuing three years, prepared on the assumption that the proposal is accepted.
A proposal contemplated in this section will have been adopted by the creditors of the company, or the members of a relevant class of creditors, if it is supported by a majority in number, representing at least 75 percent in value of the creditors or class, as the case may be, present and voting in person or by proxy, at a meeting called for that purpose.
in the case of a compromise in respect of a company being wound up, the report of the Master required in terms of the laws contemplated in item 9 of Schedule 5.
is final and binding on all of the companys creditors or all of members of the relevant class of creditors, as the case may be, as of the date on which it is filed.
the Commission in respect of any matter arising in terms of this Act, other than a matter contemplated in subparagraph (i).
acting in the public interest, with leave of the court.
apply for leave to intervene in any court proceedings arising in terms of this Act, in order to represent any interest that would not otherwise be adequately represented in those proceedings.
in the manner set out in section 165.
if any provision of this Act, or other document in terms of this Act, read in its context, can be reasonably construed to have more than one meaning, must prefer the meaning that best promotes the spirit and purpose of this Act, and will best improve the realisation and enjoyment of rights.
To the extent that this section creates any right of, or establishes any protection for, an employee, as defined in the Protected Disclosures Act, 2000 (Act No.
that Act applies to a disclosure contemplated in this section by an employee, as defined in that Act, irrespective of whether that Act would otherwise apply to that disclosure.
Any provision of a companys Memorandum of Incorporation or rules, or an agreement, is void to the extent that it is inconsistent with, or purports to limit, set aside or negate the effect of this section.
Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No.
contravened any other legislation in a manner that could expose the company to an actual or contingent risk of liability, or is inherently prejudicial to the interests of the company.
is immune from any civil, criminal or administrative liability for that disclosure.
is reckless as to causing the first person to fear that the threat will be carried out, irrespective of whether the first person actually fears or feared that the threat will or would be carried out.
routinely publicise the availability of that system to the categories of persons contemplated in subsection (4).
A person to whom a notice is delivered in terms of this Act with respect to an application for reservation of a name, registration of a defensive name, application to transfer the reservation of a name or the registration of a defensive name, or the registration of a companys name, or any other person with an interest in the name of a company, may apply to the Companies Tribunal in the prescribed manner and form for a determination whether the name, or the reservation, registration or use of the name, or the transfer of any such reservation or registration of a name, satisfies the requirements of this Act.
on good cause shown at any time after the date of the reservation or registration of the name that is the subject of the application, in any other case.
a company to choose a new name, and to file a notice of an amendment to its Memorandum of Incorporation, within a period and on any conditions that the Tribunal considers just, equitable and expedient in the circumstances, including a condition exempting the company from the requirement to pay the prescribed fee for filing the notice of amendment contemplated in this paragraph.
in terms of the common law, subject to this Act.
imposing obligations on, prohibiting any conduct by, or otherwise regulating the activities of, a juristic person.
subsections (7)(a) and (8) apply, in the case of an application for probation.
subsections (7) and (8) apply, in the case of an application for probation.
any of the circumstances contemplated in subsection (5)(d) to (f) apply with respect to any legislation administered by that organ of state.
the court is satisfied that the declaration of delinquency is justified, having regard to the nature of the contraventions, and the persons conduct in relation to the management, business or property of any company, close corporation or juristic person at the time.
a compromise with creditors in terms of section 155.
the declaration is justified, having regard to the circumstances of the companys or close corporations failure, and the persons conduct in relation to the management, business or property of the company or close corporation at the time.
subsists for a period not exceeding five years, as determined by the court at the time it makes the declaration, subject to subsections (11) and (12).
be limited to serving as a director of a private company, or of a company of which that person is the sole shareholder.
of probation, at any time more than two years after it was made.
there is a reasonable prospect that the applicant would be able to serve successfully as a director of a company in the future.
the powers of a director or prescribed officer of the company, or a person related to the company, are being or have been exercised in a manner that is oppressive or unfairly prejudicial to, or that unfairly disregards the interests of, the applicant.
an order for the trial of any issue as determined by the court.
no further amendment altering, limiting or negating the effect of the court order may be made to the Memorandum of Incorporation, until a court orders otherwise.
[Subs. (4) deleted by s.
enter into a transaction contemplated in section 112, 113, or 114, that notice must include a statement informing shareholders of their rights under this section.
voted in support of the resolution.
has complied with all of the procedural requirements of this section.
if the shareholder does not receive a notice under subsection (4), within 20 business days after learning that the resolution has been adopted.
a demand for payment of the fair value of those shares.
the company, by a subsequent special resolution, revokes the adopted resolution that gave rise to the shareholders rights under this section.
If any of the events contemplated in subsection (9) occur, all of the shareholders rights in respect of the shares are reinstated without interruption.
the day the company received a demand as contemplated in subsection (7)(b), if applicable, the company must send to each shareholder who has sent such a demand a written offer to pay an amount considered by the companys directors to be the fair value of the relevant shares, subject to subsection (16), accompanied by a statement showing how that value was determined.
lapses if it has not been accepted within 30 business days after it was made.
directed the transfer to the company of uncertificated shares.
made an offer that the shareholder considers to be inadequate, and that offer has not lapsed.
the company to pay the fair value in respect of their shares to each dissenting shareholder who complies with subsection (13)(a), subject to any conditions the court considers necessary to ensure that the company fulfils its obligations under this section.
the company must comply with the requirements of subsection 13(b).
[Subs. (15A) inserted by s.
The fair value in respect of any shares must be determined as at the date on which, and time immediately before, the company adopted the resolution that gave rise to a shareholders rights under this section.
ensures that the person to whom the company owes money in terms of this section is paid at the earliest possible date compatible with the company satisfying its other financial obligations as they fall due and payable.
If the resolution that gave rise to a shareholders rights under this section authorised the company to amalgamate or merge with one or more other companies, such that the company whose shares are the subject of a demand in terms of this section has ceased to exist, the obligations of that company under this section are obligations of the successor to that company resulting from the amalgamation or merger.
the application by the company of the solvency and liquidity test set out in section 4.
that the Panel rules otherwise in a particular case, a payment by a company to a shareholder in terms of this section docs not obligate any person to make a comparable offer under section 125 to any other person.
[Subs. (20) inserted by s.
has been granted leave of the court to do so, which may be granted only if the court is satisfied that it is necessary or expedient to do so to protect a legal right of that other person.
serve a notice on the person who made the demand, refusing to comply with it.
that the requirements of subsection (5)(b) are satisfied.
proceedings by or against the company include any appeal from a decision made in proceedings by or against the company.
the person to whom leave has been granted is entitled, on giving reasonable notice to the company, to inspect any books of the company for any purpose connected with the legal proceedings.
any other party to the proceedings or application.
it is appropriate to make the order in all the circumstances.
if the person originally granted leave has already brought the proceedings, the substituting person is taken to have brought those proceedings or to have made that intervention.
the court may take that ratification or approval into account in making any judgment or order.
For greater certainty, the right of a person in terms of this section to serve a demand on a company, or apply to a court for leave, may be exercised by that person directly, or by the Commission or Panel, or another person on behalf of that first person, in the manner permitted by section 157.
any other person.
If the Companies Tribunal, or an accredited entity, to whom a matter is referred for alternative dispute resolution concludes that either party to the conciliation, mediation or arbitration is not participating in that process in good faith, or that there is no reasonable probability of the parties resolving their dispute through that process, the Companies Tribunal or accredited entity must issue a certificate in the prescribed form stating that the process has failed.
has been designated by the Minister in terms of subsection (5) as an accredited entity for the purposes of this Part.
with reasonable notice, withdraw any accreditation granted by it in terms of this section if the person or association no longer satisfies the criteria set out in paragraph (a).
must prescribe criteria for the Commission to follow in assessing whether an applicant for accreditation in terms of subsection (4) meets the requirements of this section.
if the parties to the dispute consent to that order, submit it to a court to be confirmed as a consent order, in terms of its rules.
refuse to make the order.
does not preclude a person applying for an award of civil damages, unless the consent order includes an award of damages to that person.
A court hearing any proceedings concerning a dispute arising out of a consent order may order the proceedings closed to the public if it is the interest of the confidentiality of the parties to the consent order to do so.
with the Commission in respect of any provision of this Act not referred to in paragraph (a), alleging that a person has acted in a manner inconsistent with this Act, or that the complainants rights under this Act, or under a companys Memorandum of Incorporation or rules, have been infringed.
other specified circumstances.
direct an inspector or investigator to investigate the complaint as quickly as practicable, in any other case.
to report to both the Commission or Panel, as the case may be, and the company.
whom the inspector reasonably considers may have information relevant to the investigation of the complaint.
the Panel, refer the matter to the Executive Director, who may, among other things, issue a compliance notice in terms of section 171.
assented to, was implicated in, or directly or indirectly benefited from, a contravention of this Act, unless the alleged contravention could otherwise be addressed in terms of this Act by an application to a court or to the Companies Tribunal.
take any other steps reasonably related to the contravention and designed to rectify its effect.
any penalty that may be imposed in terms of this Act if those steps are not taken.
the Commission, or Executive Director, as the case may be, issues a compliance certificate contemplated in subsection (6).
If the requirements of a compliance notice issued in terms of subsection (1) have been satisfied, the Commission or the Executive Director, as the case may be, must issue a compliance certificate.
refer the matter to the National Prosecuting Authority for prosecution as an offence in terms of section 214(3), but may not do both in respect of any particular compliance notice.
such longer period as may be allowed on good cause shown.
After considering any representations by the applicant and any other relevant information, the Companies Tribunal, the Takeover Special Committee, or a court may confirm, modify or cancel all or part of a compliance notice.
If the Companies Tribunal, the Takeover Special Committee or a court confirms or modifies all or part of a notice, the applicant must comply with that notice as confirmed or modified, within the time period specified in it, subject to subsection (4).
A decision by the Companies Tribunal or the Takeover Special Committee in terms of this section is binding, subject to any right of review by or appeal to a court.
if the person who is the subject of the complaint consents to that order, apply to the High Court to have it confirmed as a consent order, in terms of its rules.
make any other order contemplated in this Act that is just and reasonable in the circumstances.
the maximum prescribed in terms of subsection (5).
whether the respondent has previously been found in contravention of this Act.
A fine payable in terms of this section must be paid into the National Revenue Fund referred to in section 213 of the Constitution.
The Minister may make a regulation prescribing the maximum amount of an administrative fine, which amount must be not less than R1 000 000.
deliver or produce to the Commission or Panel, or to an inspector or independent investigator, any book, document or other object referred to in paragraph (a) at a time and place specified in the summons.
may be served in the same manner as a subpoena in a criminal case issued by the magistrates court.
retain any such book, document or other object for examination, for a period not exceeding two months, or such longer period as the court, on good cause shown, may allow.
the person asking the questions must inform that person of the right set out in paragraph (a).
that anything connected with an investigation in terms of this Act is in the possession of, or under the control of, a person who is on or in those premises.
authorise an inspector or a police officer to enter and search the premises and to do anything listed in section 178.
the expiry of one month after the date it was issued.
if none of those persons is present, affix a copy of the warrant to the premises in a prominent and visible place.
attach, and, if necessary, remove from the premises for examination and safekeeping, anything that has a bearing on the investigation.
to any answer given or statement made to an inspector or police officer in terms of this section.
A person who enters and searches any premises under section 178 must conduct the entry and search with strict regard for decency and order, and with regard for each persons right to dignity, freedom, security and privacy.
allow that person to exercise the right contemplated in paragraph (a).
may conduct those proceedings informally.
for any other reason that would be justifiable in civil proceedings in a High Court.
Subject to the requirements of the applicable sections of this Act, the Companies Tribunal may determine any matter of procedure for an adjudication hearing, with due regard to the circumstances of the case.
The law regarding a witnesss privilege in a criminal case in a court of law applies equally to a person who provides information during an adjudication hearing.
The Commission is hereby established as a juristic person to function as an organ of state within the public administration, but as an institution outside the public service.
in accordance with the values and principles mentioned in section 195 of the Constitution.
a person designated by the Commissioner to perform a particular function of the Commission, is the certificate, notice, decision, determination or ruling of the Commission with respect to that matter.
the efficient, effective and widest possible enforcement of this Act, and any other legislation listed in Schedule 4.
consult any person, organisation or institution with regard to any matter.
In this section, "this Act" has the meaning set out in section 1, but also includes any legislation listed in Schedule 4.
referring matters to a court, and appearing before the court or the Companies Tribunal, as permitted or required by this Act.
making recommendations to the Council for amendments to financial reporting standards, to secure better reliability and compliance.
perform any related functions assigned to it by legislation, or reasonably necessary to carry out its assigned registry functions.
obtain a certificate contemplated in paragraph (b).
Subsection (5) does not apply to any part of a filed document if that part has been determined to be confidential, or contain confidential information, in accordance with section 212.
may waive any such fee if satisfied that any inspection, certificate, copy or extract is required for the purposes of research by or under the control of an institution for higher education.
enquire into and report to the Minister on any matter concerning the purposes of this Act, and advise the Minister in respect of any matter referred to it by the Minister.
over time, reviewing legislation and public regulations, and reporting to the Minister concerning matters relating to company and intellectual property law.
any other regulatory authority any concerns regarding behaviour or conduct that may be prohibited or regulated in terms of legislation within the jurisdiction of that regulatory authority.
may perform any function of the Commissioner when the office of the Commissioner is vacant, or when the Commissioner is absent or is for any reason unable to perform the functions of that office.
the proper and diligent implementation of the Public Finance Management Act, 1999 (Act No. 1 of 1999), with respect to the Commission.
delegate, with or without conditions, any of the powers or functions of the Commissioner to the Deputy Commissioner or any other suitably qualified employee of the Commission, but any such delegation does not divest the Commissioner of responsibility for the exercise or any power or performance of any duty.
any matter or circumstances with respect to the administration of one or more companies in terms of this Act, whether or not those circumstances appear at the time of the direction to amount to a possible contravention of this Act.
Commission on the management of the Commissions resources, or the performance of any of its functions.
The Minister may assign specific powers to the members of a specialist committee for the purposes of performing any function contemplated in subsection (1).
determine its own procedures.
not more than two senior employees of the Commission designated by the Commissioner.
have the ability to perform effectively as a member of that committee.
use their position or any information entrusted to them to enrich themselves or improperly benefit any other person.
members term has expired.
A member of a specialist committee who has a personal or financial interest in any matter on which the committee gives advice must disclose that interest and withdraw from the proceedings of the specialist committee when that matter is discussed.
a member designated as contemplated in (1)(b)(ii), to the extent that the members remuneration and expense compensation as an employee of the Commission does not extend to that persons services as a member of the specialist committee.
must perform its functions impartially and without fear, favour, or prejudice, and in as transparent a manner as is appropriate having regard to the nature of the specific function.
appoint a person to fill any vacancy on the Tribunal.
reappointed to a second term as chairperson of the Tribunal.
sufficient persons with legal training and experience to satisfy the requirements of section 195(3)(a).
the chairperson is for any other reason temporarily unable to perform those functions.
The chairperson and each other member of the Tribunal serves for a term of five years and may, subject to subsection (2)(b), be reappointed for a second term.
perform any other function assigned to it by or in terms of this Act, or any law mentioned in Schedule 4.
a panel composed of any three members of the Tribunal, in any other case.
designate a member of the panel to preside over the panels proceedings.
terminate the proceedings before that panel and constitute another panel, which may include any member of the original panel, and direct that panel to conduct a new hearing.
A decision by the Companies Tribunal with respect to a decision of, or a notice or order issued by, the Commission is binding on the Commission, subject to any review by, or appeal to, a court.
An order of the Companies Tribunal may be filed in the High Court as an order of the court, in accordance with its rules.
not more than a number, being 15 minus the total number of persons designated in terms of paragraph (c), of other persons appointed by the Minister on the basis of their knowledge and experience in the regulation of securities and takeovers.
are subject to the provisions of sections 206 and 207.
co-opted in terms of subsection (2), serve until the completion of the purpose for which they were co-opted.
two of its members to be deputy chairpersons of the Panel.
presides at meetings of the Panel, if present.
one or more deputy Executive Directors, on terms and conditions determined by the Panel.
appoint other officers and employees as are required for the proper performance of functions of the Panel.
each member of the Takeover Special Committee.
consult with the Minister in respect of additions, deletions or amendments to the Takeover Regulations.
perform any other function assigned to it by legislation.
at least two other persons, each of whom must be designated from time to time by the Panel from among those of its members appointed by the Minister in terms of section 197(1)(d).
review compliance notices issued by the Executive Director, or a deputy Executive Director acting in the capacity of the Executive Director.
one person nominated by the executive officer of the Financial Services Board as defined in the Financial Services Board Act, 1990 (Act No.
a number of persons, nominated one each by any exchange that imposes adherence to financial reporting standards as a listing requirement, each of whom must be appointed by the Minister, to serve for a term of three years.
appoint the chairperson and deputy chairperson of the Council.
are subject to sections 206 and 207.
consult with the Minister on the making of regulations establishing financial reporting standards, subject to the requirements set out in section 29(5).
have submitted to the Minister a written declaration stating that the person is not disqualified in terms of subsection (2).
is subject to an order of a competent court holding that person to be mentally unfit or disordered.
A member of the Companies Tribunal, the Panel or the Council, must promptly inform the Minister in writing after that person or a related persons acquires a personal financial interest that is, or is likely to become, an interest contemplated in section 205(2)(b).
as otherwise required as part of that persons official functions as a member of the Companies Tribunal, the Panel or the Council.
withdraw from the meeting to allow the remaining members to discuss the matter and determine whether the member should be prohibited from participating in any further proceedings concerning that matter.
a member who had such an interest attended those proceedings, participated in them in any way, or directly or indirectly influenced those proceedings.
less than one month written notice, with the approval of the Minister.
neglected to properly perform the functions of their office.
divulge any information referred to in paragraph (c) to any third party, except as required as part of that persons official functions within the Commission or panel.
must issue each inspector with a certificate in the prescribed form stating that the person has been appointed as an inspector in terms of this Act.
of a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and may exercise the powers conferred on a peace officer by law.
The Commissioner and Executive Director may each appoint or contract with any suitably qualified person to assist the Commission, or the Panel, as the case may be, in carrying out its functions, including, but not limited to, conducting research, audits, inquiries or other investigations on behalf of the Commission or Panel, as the case may be, but a person appointed in terms of this subsection is not an inspector within the meaning of this Act.
other money accruing from any source.
ends on the next following 31 March.
The Commissioner or Executive Director, as the case may be, in consultation with the Minister and with the concurrence of the Minister of Finance, may determine the remuneration, allowances, benefits, and conditions of appointment of each employee of the Commission or Panel, as the case may be.
At least once every five years, the Minister must conduct an audit review of the exercise of the functions and powers of the Commission, the Companies Tribunal, the Panel and the Council.
When submitting information to the Commission, the Panel, the Companies Tribunal, the Council, or an inspector or investigator appointed in terms of this Act, a person may claim that all or part of that information is confidential.
Any claim contemplated in subsection (1) must be supported by a written statement explaining why the information is confidential.
as soon as practicable, make a decision on the confidentiality of the information and access to that information, and provide written reasons for that decision.
When making any ruling, decision or order in terms of this Act, the Commission, the Panel, the Companies Tribunal or the Council may take confidential information into account.
If any reasons for a decision in terms of this Act would reveal any confidential information, the Commission, the Panel, the Companies Tribunal or the Council, as the case may be, must provide a copy of the proposed reasons to the party claiming confidentiality at least 10 business days before publishing those reasons.
Within five business days after receiving a copy of proposed reasons in terms of subsection (6), a party may apply to a court for an appropriate order to protect the confidentiality of the relevant information.
is a party to the preparation, approval, dissemination or publication of a prospectus or a written statement contemplated in section 101, that contains an "untrue statement" as defined and described in section 95.
the scheme, structure or form of words is of such a nature that the person knew, or ought reasonably to have known, that its inclusion or other use in connection with the preparation of the document would cause it to be false or misleading.
It is an offence to fail to satisfy a compliance notice issued in terms of this Act, but no person may be prosecuted for such an offence in respect of a particular compliance notice if the Commission or Panel, as the case may be, has applied to a court in terms of section 171(7)(a) for the imposition of an administrative fine in respect of that persons failure to comply with that notice.
liable to any other person for any losses sustained as a consequence of that contravention.
It is an offence to hinder, obstruct or improperly attempt to influence the Commission, the Panel, the Companies Tribunal, an inspector or investigator, or a court when any of them is exercising a power or performing a duty delegated, conferred or imposed by this Act.
attaches or removes an article or document.
Despite anything to the contrary contained in any other law, a Magistrates Court has jurisdiction to impose any penalty provided for in section 216.
Subject to any provision in this Act specifically declaring void an agreement, resolution or provision of an agreement, Memorandum of Incorporation, or rules of a company, nothing in this Act renders void any other agreement, resolution or provision of an agreement, Memorandum of Incorporation or rules of a company that is prohibited, voidable or that may be declared unlawful in terms of this Act, unless a court has made a declaration to that effect regarding that agreement, resolution or provision.
sent by registered mail to that persons last known address.
The State, the Commission, the Commissioner, the Companies Tribunal, the Panel, an inspector, or any state employee or similar person having duties to perform under this Act, is not liable for any loss sustained by or damage caused to any person as a result of any bona fide act or omission relating to the performance of any duty under this Act, unless gross negligence is proved.
in general, any ancillary or incidental matter that is necessary for the proper implementation and administration of this Act.
In the case of regulations prescribing financial reporting standards as contemplated in section 29(4)(a), the provisions of subsection (2) do not apply.
This Act is called the Companies Act, 2008, and, subject to subsection (2), comes into operation on a date fixed by the President by proclamation in the Gazette.
Section 11(1)(a)(ii) and (iii) shall come into operation three years from the date of commencement of this Act.
[S. 225 substituted by s.
be consistent with the principles set out in sub-items (2) to (9).
[Para. (b) amended by s.
directly or indirectly, alone or with any other person, carry on any business, trade or undertaking consistent with or ancillary to its stated objects.
in respect of any legal obligation binding on the company.
[Words preceding subpara. (i) amended by s.
[Words preceding para. (a) amended by s.
[Subpara. (i) amended by s.
apply to the court for such a determination.
Incorporation as a non-profit company in terms of this Act, or registration as an external non-profit company in terms of this Act, and compliance by either with the provisions of this Act does not necessarily qualify that non-profit company, or external non-profit company, for any particular status, category, classification or treatment in terms of the Income Tax Act, 1962 (Act No. 58 of 1962), or any other legislation, except to the extent that any such legislation provides otherwise.
Each voting member of a non-profit company has at least one vote.
The vote of each member of a non-profit company is of equal value to the vote of each other voting member on any matter to be determined by vote of the members, except to the extent that the companys Memorandum of Incorporation provides otherwise.
If a non-profit company has members, the requirement in section 24(4) to maintain a securities register must be read as requiring the company to maintain a membership register.
dispose of any part of its assets, undertaking or business to a profit company, other than for fair value, except to the extent that such a disposition of an asset occurs in the ordinary course of the activities of the non-profit company.
amalgamate or merge with another non-profit company, must be submitted to the voting members for approval, in a manner comparable to that required of profit companies in accordance with sections 112 and 113, respectively.
Sections 115 and 116, read with the changes required by the context, apply with respect to the approval of a proposal contemplated in sub-item (2).
[Sub-item (3) amended by s.
its first members, if its Memorandum of Incorporation provides for it to have members.
A non-profit company is not required to have members, but its Memorandum of Incorporation may provide for it to do so.
the grounds on which membership may, or will, be suspended or lost.
if any directors are to be elected by the voting members, provide for the election each year of at least one-third of those elected directors.
If a non-profit company has no members, the Memorandum of Incorporation must set out the basis on which directors are to be appointed by its board, or other persons.
A non-profit company must not provide a loan to, secure a debt or obligation of, or otherwise provide direct or indirect financial assistance to, a director of the company or of a related or inter-related company, or to a person related to any such director.
is in terms of an employee benefit scheme generally available to all employees or a specific class of employees.
A close corporation may file a notice of conversion in the prescribed manner and form, at any time.
the prescribed filing fee.
[Sub-item (2) substituted by s.
Section 14, read with the changes required by the context, applies with respect to the filing of a notice of conversion, as if it were a Notice of Incorporation in terms of this Act.
enable the Registrar of Deeds to effect the necessary changes resulting from conversions and name changes.
Every member of a close corporation converted under this Schedule is entitled to become a shareholder of the company resulting from that conversion, but the shares to be held in the company by the shareholders individually need not necessarily be in proportion to the members interests as stated in the founding statement of the close corporation concerned.
any enforcement measures that could have been commenced with respect to the close corporation in terms of the Close Corporations Act, 1984 (Act No.
any liability of a member of the corporation for the corporations debts, that had arisen in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984), and existed immediately before the date of registration, survives the conversion and continues as a liability of that person, as if the conversion had not occurred.
Amendment of section 1 of Act 69 of 1984, as amended by section 1 of Act 38 of 1986, section 1 of Act 26 of 1997, section 1 of Act 22 of 2001 and section 57 of Act 24 of 2006 1.
" Companies Act means the Companies Act, [1973 (Act No.
1(1) has the meaning determined in accordance with section 3 of the Companies Act.
"this Act includes the regulations, and any regulations made in terms of the Companies Act, to the extent that they apply to this Act.".
"(1) [Any] At any time before section 13 of the Companies Act comes into operation, any one or more persons, not exceeding ten, who qualify for membership of a close corporation in terms of this Act, may form a close corporation and secure its incorporation by complying with the requirements of this Act in respect of the registration of its founding statement referred to in section 12.".
If a founding statement referred to in section 12 complying with the requirements of this Act is lodged with the Registrar in the manner prescribed at any time before section 13 of the Companies Act comes into operation, and if the business to be carried on by the corporation is lawful, the Registrar shall upon payment of the prescribed fee register such statement in his or her registers and shall give notice of the registration in the prescribed manner.
Section 27 of the Close Corporations Act is hereby repealed with effect from the date on which Schedule 2 of the Companies Act comes into operation.
in terms of the Companies Act, in the case of a juristic person that has been converted to a company.
the application of section 11(3) of the Companies Act to a corporation is subject to the provisions of section 22(1) of this Act.
Any person who intends to form a corporation or any corporation which intends to change its name [shall] may apply to the Registrar for the reservation of a name, on the prescribed form and on payment of the prescribed fee [, apply to the Registrar for the reservation of a name: Provided that a company being converted into a corporation in terms of this Act shall not be required to so reserve its name if the name remains identical].
Sections 14(2) and (3), 16(8), and 160 of the Companies Act, each read with the changes required by the context, apply to a corporation or with respect to a reserved name, or an application to reserve a name in terms of section 19(2), but a reference in any of those provisions to a company must be regarded as a reference to a corporation for the purposes of this Act.
Item 4 amended by s.
Section 22(2) and (4) of the Close Corporations Act is hereby repealed.
Section 32 of the Companies Act, read with the changes required by the context, applies to a corporation, but a reference in that section to a company must be regarded as a reference to a corporation for the purposes of this Act.
Section 41 of the Close Corporations Act is hereby repealed.
"(3) Regulations made by the Minister in terms of section 29(4) and (5), and 30(7) of the Companies Act apply to a corporation as if those regulations had been made in terms of this Act, but any reference in those regulations to a company must be read as a reference to a corporation.".
"(c) any person who is [subject to any order of a court under] disqualified from being a director of a company in terms of section 69(8) to (11) of the Companies Act, subject to subsection (1B) [disqualifying him or her from being a director of a company]."
(1A) A person who has been placed under probation by a court in terms of section 162 of the Companies Act or subsection (1C), must not participate in the management of the business of a corporation, except to the extent permitted in the order of probation.
that person and other persons, all of whom are related to that disqualified person, and each such person has consented in writing to that disqualified person participating in the management of the corporation.
a director, must be regarded as referring to a director of a company, or a member participating in the management of a corporation.
Section 55 of the Close Corporations Act is hereby repealed.
(1) The members of a corporation shall within [nine] six months after the end of every financial year of the corporation cause annual financial statements in respect of that financial year to be made out in one of the official languages of the Republic.
(2A) Section 30(2)(b), and (3) to (6) of the Companies Act, read with the changes required by the context, apply to a corporation that is required by the regulations made in terms of section 30(7) of the Companies Act, to have its annual financial statements audited.
62A. (1) Section 34(2) of the Companies Act, read with the changes required by the context, apply to a corporation.
prevails over any conflicting provision of this Act, with respect to a corporation contemplated in paragraph (a).
a shareholder of a company, or the holder of securities issued by a company, must be read as a reference to a member of a corporation.
"(1) The [provisions] laws mentioned or contemplated in item 9 of Schedule 5 of the Companies Act, [which relate to the winding-up of a company, including the regulations made thereunder, (except sections 311, 312, 313, 337, 338, 344, 345, 346(2), 347(3), 349, 364, 365(2), 367 to 370, inclusive, 377, 387, 389, 390, 395 to 399, inclusive, 400(1)(b), 401, 402, 417, 418,419(4), 421, 423 and 424),] read with the changes required by the context, [shall] apply [mutatis mutandis and in so far as they can be applied] to the liquidation of a corporation in respect of any matter not specifically provided for in this Part or in any other provision of this Act.".
Part G of Chapter 2 of the Companies Act, read with the changes required by the context, applies to a solvent corporation.
This Part of this Act must be administered in accordance with the laws mentioned or contemplated in item 9 of Schedule 5 of the Companies Act.
Section 68 of the Close Corporations Act is hereby repealed.
Sections 81(1)(f), 81(3), 82(3) to (4), and 83 of the Companies Act, each read with the changes required by the context, apply with respect to the deregistration of a corporation, but a reference in any of those provisions to a company must be regarded as a reference to a corporation for the purposes of this Act.
Section 3(1) of the Close Corporations Act is hereby repealed.
[subject to the directions of the Minister, be] is responsible for the administration of the Registration Office.
"(3) The [Registrar] Commission may delegate any of the powers and entrust any of the duties [assigned to him or her by this Act] of the Registrar to any officer or employee in the [public service] Commission.".
Sections 11 and 16(3) of the Close Corporations Act are hereby repealed.
Sections 47(2), 49(5) and 58(4) of the Close Corporations Act are hereby repealed.
"(2) [Without prejudice to any other criminal liability incurred where] If any business of a corporation is carried on in any manner contemplated in subsection (1), every person who is knowingly a party to the carrying on of the business in any such manner, shall be guilty of an offence.".
Parts D, E, and F of Chapter 7, and Part A of Chapter 9 of the Companies Act, read with the changes required by the context, apply with respect to any alleged contravention of this Act or contravention of any provision of the Companies Act to the extent the provision applies to a corporation or its members.
Amendment of section 1 of Act 62 of 1977 1.
Repeal of section 2 of Act 62 of 1977 2. Section 2 of the Registration of Copyright in Cinematograph Films Act, 1977, is hereby repealed.
(1) The Commission may exercise the powers and must perform the duties assigned to the registrar by this Act and is responsible for the administration of the registration office.
The [Registrar] Commission may delegate any of the powers and entrust any of the duties assigned to [him] the registrar by this Act, to any officer or employee in the [public service] Commission.
Amendment of section 2 of Act 57 of 1978, as amended by section 1 of Act 76 of 1988, section 1 of Act 49 of 1996, section 27 of Act 38 of 1997 and section 1 of Act 20 of 2005 1.
Repeal of section 5 of Act 57 of 1978 2. Section 5 of the Patents Act, 1978, is hereby repealed.
Amendment of section 7 of Act 57 of 1978 3.
[and who shall, subject to the directions of the Minister, have the chief control] is responsible for the administration of the patent office.
"(3) The Commission may delegate any of the powers and entrust any of the duties assigned to the registrar by this Act, to any officer or employee in the Commission."
Amendment of section 1 of Act 98 of 1978, as amended by section 1 of Act 56 of 1980, section 1 of Act 66 of 1983, section 1 of Act 52 of 1984, section 1 of Act 13 of 1988, section 1 of Act 125 of 1992, section 50 of Act 38 of 1997 and section 1 of Act 9 of 2002 1.
Amendment of section 1 of Act 59 of 1980 1.
"Companies Act means the Companies Act, [1973 (Act No.
"Registrar means the Commissioner, appointed in terms of section 189 of the Companies Act;".
Amendment of section 2 of Act 194 of 1993 1.
"trade marks office means the office of the Commission;".
Repeal of section 5 of Act 194 of 1993 2. Section 5 of the Trade Marks Act, 1993, is hereby repealed.
Amendment of section 6 of Act 194 of 1993 3.
is responsible for the administration of the trade marks office.
the repeal of subsections (2) and (4).
Amendment of section 1 of Act 195 of 1993 as amended by section 69 of Act 38 of 1997 1.
Repeal of section 4 of Act 195 of 1993 2. Section 4 of the Designs Act, 1993, is hereby repealed.
Amendment of section 6 of Act 195 of 1993 3.
[and who shall, subject to the directions of the Minister, have the chief control] is responsible for the administration of the designs office.
"(4) The Commission may delegate any of the powers and entrust any of the duties assigned to the registrar by this Act, to any officer or employee in the Commission."
Amendment of section 1 of Act 14 of 2005 1.
"registrar means the [Registrar of Co-operatives] Commissioner, appointed in terms of section 189 of the Companies Act;".
Amendment of section 78 of Act 14 of 2005 1.
(2) The [registrar] Commission may, from time to time, delegate any power conferred on [him or her] the registrar by or under this Act to any officer or employee in the [public service] Commission.
"Vlaglied" Copyright Act, 1974 (Act No.
Part A of Chapter 4 of the Consumer Protection Act, 2008 (Act No.
[Schedule 4 amended by s.
"previous Act" means the Companies Act, 1973 (Act No. 61 of 1973).
to an item or a subitem by number is a reference to the corresponding item or subitem of this Schedule.
the Minister has the authority to, and bears the responsibility of, exercising any such function or performing any such power assigned by this Act to the Commission.
recognised as an "existing company" in terms of the Companies Act, 1973 (Act No. 61 of 1973), continues to exist as a company, as if it had been incorporated and registered in terms of this Act, with the same name and registration number previously assigned to it, subject to item 4.
may continue to use a translated name that, immediately before the effective date, was registered and otherwise met the requirements of section 50(2) of the previous Act.
[Sub-item (2) inserted by s.
[Sub-item (3) inserted by s.
item 6(2) of this Schedule.
[Sub-item (4) inserted by s.
take any other particular action required in terms of this Act or the companys Memorandum of Incorporation, the company may apply to the Tribunal for directions, and a member of the Tribunal may make an administrative order that is appropriate and reasonable in the circumstances.
[Sub-item (5) inserted by s.
[Sub-item (6) inserted by s.
the provisions of this Act will apply to each subsequent financial year end and annual financial statements of that company.
[Sub-item (7) inserted by s.
[Heading of item 3 substituted by s.
Any matter pending before the Registrar under the previous Act, or a provision of the Close Corporations Act, (Act No. 69 of 1984), amended by this Act, before the effective date and not fully addressed at that time, must be concluded by the Registrar in terms of such Act, despite its repeal or amendment.
[Sub-item (1) substituted by s.
Any conversion of a company to a close corporation in terms of section 27 of the Close Corporations Act 1984 (Act No. 69 of 1984), filed with the Registrar before the effective date and not fully addressed at that time must be concluded by the Registrar in terms of that Act, despite the repeal of that section.
be a pre-existing company for all purposes of this Act.
[Para. (a) amended by s.
if it fails to file a notice in terms of subparagraph (i), is deemed to have amended its Memorandum of Incorporation as of the general effective date to expressly state that it is a non-profit company, and have changed its name in so far as required to comply with section 11(3).
[Para. (d) amended by s.
if necessary, a notice of name change and copy of a special resolution contemplated in section 16, to alter its name to meet the requirements of this Act.
after the two year period, to the extent that they are consistent with this Act.
after the two-year period contemplated in paragraph (a), to the extent that the agreement is consistent with this Act and the company's Memorandum of Incorporation.
[Sub-item (3A) inserted by s.
consistent with a provision that prevails over this Act in terms of paragraph (a).
[Sub-item (4) substituted by s.
Section 35(2) does not apply to a bank, as defined in the Banks Act, 1993 (Act No. 124 of 1993), until a date declared by the Minister, after consulting the member of the Cabinet responsible for national financial matters.
The Minister, in consultation with the member of Cabinet responsible for national financial matters, must make regulations, to take effect as of the general effective date, providing for the optional conversion and transitional status of any nominal or par value shares, and capital accounts of a pre-existing company, but any such regulations must preserve the rights of shareholders associated with such shares, as at the effective date, to the extent doing so is compatible with the purposes of this item.
[Sub-item (3) substituted by s.
does not invalidate that share certificate.
Section 164 does not apply with respect to the conversion by a company of par value or nominal value shares of a pre-existing company in terms of this item, and in accordance with the regulations.
A person holding office as a director, prescribed officer, company secretary or auditor of a pre-existing company immediately before the effective date, continues to hold that office as from the effective date, subject to the companys Memorandum of Incorporation, and this Act.
[Sub-item (1) amended by s.
A person contemplated in sub-item (1) who, in terms of this Act, is ineligible to be, or disqualified from being, a director, alternate director, prescribed officer, company secretary or auditor is regarded as having resigned from every such office in any company as from the effective date.
the actual number of directors of that pre-existing company immediately before the effective date, if that number is less than the minimum referred to in paragraph (a).
A vacancy in the office of director, company secretary or auditor of a pre-existing company as from the effective date, irrespective whether arising by operation of subitem (2) or (3), or otherwise, is to be filled in accordance with this Act.
Approval of any distribution, financial assistance, insider share issues, or options, are subject to this Act, even if any such action had been approved by a companys shareholders before the effective date, despite anything to the contrary in the companys Memorandum of Incorporation.
include in its notice of incorporation in terms of the previous Act a prominent statement comparable to that required by section 13(3) of this Act.
Section 19(4) applies to any provision of the Memorandum of Incorporation of a pre-existing company that is comparable to a provision contemplated in section 15(2), from the time that the company files a notice of that provision.
The five consecutive financial years contemplated in section 92(1) must be calculated from the date of commencement of this Act.
[Sub-item (11) substituted by s.
the person concerned may file a request contemplated in paragraph (a),at no charge, any time within 120 business days after the date of the Commissions notice.
a defensive name, or renewal of the registration of a defensive name, in terms of section 43 of the previous Act that was in effect immediately before the effective date must be regarded as if it had been registered in terms of section 12(9) of this Act, as from the actual date on which that registration or renewal was granted.
Despite the repeal of the previous Act, until the date determined in terms of subitem (4), Chapter 14 of that Act continues to apply with respect to the winding- up and liquidation of companies under this Act, as if that Act had not been repealed subject to subitems (2) and (3).
If there is a conflict between a provision of the previous Act that continues to apply in terms of subitem (1), and a provision of Part G of Chapter 2 of this Act with respect to a solvent company, the provision of this Act prevails.
prescribe ancillary rules as may be necessary to provide for the efficient transition from the provisions of the repealed Act, to the provisions of the alternative legislation contemplated in paragraph (a).
Any right or entitlement enjoyed by, or obligation imposed on, any person in terms of any provision of the previous Act, that had not been spent or fulfilled immediately before the effective date is a valid right or entitlement of, or obligation imposed on, that person in terms of any comparable provision of this Act, as from the date that the right, entitlement or obligation first arose, subject to the provisions of this Act.
A document that, before the effective date, had been served or filed in accordance with the previous Act must be regarded as having been satisfactorily served or filed for any comparable purpose of this Act.
section 197 of the Labour Relations Act, 1995 (Act No.
any collective agreement reached between the State and the trade union parties of the Departmental Chamber of the Public Service Bargaining Council before the effective date.
A person referred to in sub-items (1) and (2) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before the effective date, and any proceedings against such a person, that were pending immediately before the effective date, must be disposed of as if this Act had not been enacted.
[Sub-item (4) amended by s.
remains a member of the Government Employees Pension Fund mentioned in section 2 of the Government Employees Pension Law, 1996 (Act No.
is entitled to pension and retirement benefits as if that person were in service in a post classified in a division of the public service mentioned in section 8(1)(a)(i) of the Public Service Act, 1994 (Proclamation No. 103 of 1994).
[Sub-item (5) amended by s.
the assets and liabilities of the Securities Regulation Panel established by section 440B of the Companies Act, 1973, are transferred to and are assets and liabilities, respectively, of the Panel.
any person contemplated in this subitem who, as an employee or office holder of the Securities Regulation Panel immediately before the general effective date, had any rights to participate in, or vested rights in terms of, any pension scheme or medical scheme, retains those rights, subject to any further determination by the Panel in the exercise of its authority set out in sections 200(1), 200 (2)(b) and 210(3).
is subsequently appointed to an office within, or re-employed by, the Panel, sections 200(1), 200 (2)(b) and 210 (3) apply with respect to that person as if the person were being so appointed or employed by the Panel for the first time.
a court may make any order that could have been made in the circumstances by a court under that Act.
<fn>GOV-ZA.2008071regEn.2012-02-10.en.txt</fn>
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No. Page No. Gazette No. No. Bladsy No. Koerant No.
R. 351 Companies Act (71/2008): Companies Regulations, 2011.
In terms of section 225 of the Companies Act, 2008 (Act No. 71 of 2008). I hereby determine that the Act shall come into operation on 1-May 2011.
Given under my Hand and the Seal of the Republic of South Africa at Eretoria this ...1.9th...day of ' ...APfR ................... Two Thousand and Eleven.
PRESIDENT'S MINUTE No.
In terms of section 225 of the Companies Act, 2008 (Act No.
Given under my Hand and the Seal of the RepubliC of South Africa at ~:~~'.rJ~ this 1.~th day of .. " ... Ap'~iL.. " .. ".... Two Thousand and Eleven?
I, Dr Rob Davies, the Minister of Trade and Industry, hereby in terms of section 223 of the Companies Act, 2008 (Act No. 71 of 2008) and in consultation with the Companies and Intellectual Property Commission and the Chairperson of the Takeover Regulation Panel, make Companies Regulations as set out in the schedule hereto.
In terms of section 223, and Item 14 of Schedule S, of the Companies Act, 2008 (Act No. 71 of 2008), the Minister of Trade and Industry pnblishes the foUowing regulations relating to the fnnctions of the Companies Commission, the Takeover Regulation Panel and the Companies Tribunal, and other matters relating to the regulation of companies, to take effect at the time that the Companies Act, 2008 takes effect.
Part A-Interpretation -.................................
Uniform standards for providing information.
Directors and register of persons disqualified from serving as director.
Chapter 3 -Enhanced Accountability and Transparency.
Appointment of auditor or company secretary Error! Bookmark not defined.
Specific matters to be addressed in a prospectus for a general offer.
The approach 92 100. Cautionary and other announcements 92 101. Firm intention announcement 92 102. General timeline of offers 94 103. Extension of offers 95 105. Offers becoming unconditional 97 106.
Part D-Duties and Conduct of Offeree and Directors 103 107. Appointments to board of offeree 103 108. Duties of directors of offeree regulated companies 103 109. Requisite knowledge of independent board members 105 110. Independent board opinion 105 111. Securities dealings. pricing, confirmations and general requirements 106 112. Acquisition of own securities by offeree 108 113. Re·investment 108 114. Sales during an offer period 109 115. Waivers 109 116. General Authority of the Panel 111 117. All published documents to be approved 111 118. Consultations and Rulings 111 119. Procedure before the Executive Director and Takeover Special Committee at hearings 112 120. Reviews 113 121. Reporting to Panel 113 122.
Part A -Business Rescue Proceedings 116 123. Notices to be issued by a company concerning its business rescue proceedings 116 124. Notices to be issued by affected persons concerning court proceedings 117 125.
Part B -Business Rescue Practitioners 120 126. Accreditation of professions and licensing of business rescue practitioners 120 127. Restrictions on practice 121 128.
Part A-Dertnitions Used in This Chapter 124 129.
Request for Commission or Panel to act on behalf of complainant 126 131.
Part C--A1ternative Dispute Resolution OH 127 132. Alternative dispute resolution procedures 127 133. Forms of order resulting from alternative dispute resolution procedures 127 134. Accreditation of alternative dispute resolution providers.....
Part D-Commission or Panel Complaint and Investigation Procedures 128 135. Filing of complaints with tbe Commission 128 136. Multiple complaints 128 137. Investigation of complaints 128 138. Resolving complaints by proposed consent order 129 139. Compliance notices and certificates 130 140.
Part E-Initiating Tribunal Procedures 132 141. Complaint Referrals to the Tribunal.. 132 142. Applications to the Tribunal in respect of matters other than complaints 132 143. Answer 132 144. Reply 133 145. Amending documents and Notices of Motion 133 146. Completion of file , , ................ 134 147. Late filing, extension and reduction oftime 134 148. Withdrawals and postponements 134 149. Pre-hearing conferences 135 150. Settlement conference 136 151. Set down of matters 136 152. Matters struck-off 137 153. Default orders 137 154. Conduct of bearings 137 155. Record of hearing 137 156. Costs and taxation 138 157. Representation of parties 139 158. Joinder or substitution of parties 139 160. Summoning witnesses 141 161. Witness fees 141 162.
Part G-Maximum Administrative Fines and Determination of Turnover 143 163. Maximum administrative fines 143 164.
Part A-Regulatory Agency Offices and Functions 146 165. Office hours and address of regulatory agencies 146 166. Extension and condonation of time limits 147 167. Appointment of recording officer and assignment of functions by responsible officer 147 168. Filing documents 147 169. Electronic filing and payments 148 170. Fees 149 171. Panel fees 149 172. Regulatory agency notices 150 173. Issuing documents by regulatory agency 150 174. Content and standards for Commission registers 151 175.
Part B Access to Regulatory Agency Information and Records 153 176.
Part C-Exercise of Commission Exemption Functions _ 156 178. Procedures relating to requests for exemption in terms of Section 9 156 179.
Annexure 1 __ _ ................................................ _ ................ _ ......_......................
Chapter 1.
These regulations may be cited as the Companies Regulations, 2011.
See also s.
"certified copy" means a copy of a document certified as such by a person having authority to do so, or electronically certified in terms of the Electronic Communications and Transactions Act, 2002 (Act No.
"the Act" means the Companies Act, 2008 (Act No.
"Tribunal" means the O:lmpanies Tribunal.
a reference to a sub-regulation or other partial regulation by number refers to the corresponding clause of the regulation in which the reference appears.
A word or expression that is defmed in section 1, or elsewhere in the Act to the extent applicable in particular circumstances, bears the same meaning in these regulations as in the Act.
Chapter 1 General Provisions: Part B-Guldelines, Practice Notes, Forms.
See s. 188 (2)(b) and s.
that regulatory agency's interpretation of, or intended manner of applying, a provision of the Act or these regulations.
The senior officer of a regulatory agency may issue a Guideline at any time by publishing a notice of the Guideline to the general public in the Gazette, any generally circulated newspaper, on the regulatory agency's website, or by any similar means of providing information to the public generally; or issue a Practice Note at any time by publishing it in the Gazette, and may amend or withdraw any such Practice Note at any time by subsequent notice in the Gazette.
A Guideline or Practice Note must be consistent with the Act and these regulations, and a provision of the Act or these regulations prevails if there is any inconsistency between that provision and any such Guideline or Practice Note.
provide for copies of every Guideline or Practice Note to be freely accessed or printed from its website; and provide a printed copy of any Guideline or Practice Note freely to any person upon request.
See s.
for a purpose listed in column 2 of that Table, the document must be substantially in the form of the annexure listed opposite that section number in column 3 of that Table, and must be produced, delivered, or filed as the case may be subject to any conditions or requirements listed opposite that section number in column 4 of that Table.
If a regulatory agency has reasonable grounds for uncertainty whether a copy of a document to be filed is in fact unaltered, as contemplated in section 6 (7), the regulatory agency may require the person seeking to file that document to provide a certified copy of the document.
The Commission may from tinle to time by written notice request a company to file a copy of any document that had previously been filed under the Act or these regulations: Provided that no prescribed fee that would normally be required when tiling any such document will he payable whtl1 filing the copy in compliance with the request.
include a statement that succinctly summarizes the purpose of the document, record or statement.
Chapter 1 -General Provisions : Part S-Guidelines, Practice N Ole!
A document, record or statement, the availability of which is being announced as contemplated in section 6 (ll)(b)(ii), must be made available to intended recipients either in paper copy, or in a printed version of an electronic original produced by or on behalf of the company on demand by an intended recipient; or electronically in a manner and form such that it can conveniently be accessed and printed by the recipient within a reasonable time and at a reasonable cost.
Delivery of documents See s.
A notice or document to be delivered for any purpose contemplated in the Act or these regulations may be delivered in any manner contemplated in section 6 (10) or (11); or set out in Table CR 3.
A document delivered by a method listed in the second column of Table CR 3 must be regarded as having been delivered to the intended recipient on the date and at the time shown opposite that method, in the third column of that table; or if the date and time for the delivery of a document referred to in Table CR 3 to a regulatory agency is outside of the office hours of that regulatory agency, as set out in regulation 165 (2), that document will be deemed to have been delivered on the next business day, subject to regulation 165 (3).
If, in a particular matter, it proves impossible to deliver a document in any manner provided for in the Act or these regulations if any person other than the Tribunal is required to deliver the document, the person may apply to either the Tribunal or the High Court for an order of substituted service; or if the Tribunal is required to deliver the document, the recording officer of the Tribunal concerned may apply to the High Court for an order of substituted service.
Incorporation irrespective of whether the name has been reserved or defensively registered before the filing of any such notice.
Irrespective of the language of any words used in a proposed company name every word comprising part of the name must be expressed using the alphabet that is commonly used for writing in anyone of the official languages of the Republic; and every number signifying a date must be expressed either in words or in Arabic numerals; or otherwise forming part of the company's name must be expressed either in words or in Arabic or Roman numerals.
Ifa proposed company name contains any word or words in any language that is not an official language of the Republic the application or notice fIled to reserve, register or use that name must include either a certified translation of that word, or those words, into an official language of the Republic; or a declaration that the word falls, or the words fall, within the category of words contemplated in sub-regulation (4),and that the person concerned is entitled to use that mark.
a well known -ir<loe mark as contemplated in section 35 of the Trade Marks Act, 1993 (Act No.
the application or notice filed to reserve, register or use that name must include satisfactory evidence that the applicant or the company concerned is entitled to use that mark.
Ifa proposed company name is the same as a name registered as a business name in terms of the Consumer Protection Act, 2008 (Act No. 68 of 2008), as contemplated in section 11 (2)(a)(ii), the application or notice fIled to reserve or use that name must include satisfactory evidence that the name is so registered for the use of the company concerned or of a person controlling the company; or the registered user of that name has executed the necessary documents to transfer the registration of that name to the company concerned.
endorsed by, owned by, conducted by, or enjoys the patronage of, as the case may be, a person or entity contemplated in that section, the application or notice to use that name must include satisfactory evidence supporting that claim.
An application to reserve a name in terms of section 12 (1) must be made in Form CoR 9.1, may include as many as four alternative names listed in order of preference, and must be accompanied by the fee set out in Table CR 1; and any relevant documentation or evidence required in terms of regulation 8 with respect to each name included in the application.
An application to extend the reservation of a name, as contemplated in section 12 (4), must be made in Form CoR 9.2, and must be accompanied by the fee set out in Table CR 1; and in the case of a name in respect of which satisfactory evidence of any facts was required in terms of regulation 8 when the name was first reserved, further satisfactory evidence of the relevant circumstances, including any alteration in those circumstances since the reservation was first applied for.
As soon as practicable after receiving an application to reserve a name, or to extend the reservation of a name, the Commission must consider the name, or if more than one name is included in the application for reservation, must consider the names serially in the order in which they appear in the application, and must issue to the applicant a Notice Requiring Further Particulars in Form CoR 9.3, if the Commission requires more information to satisfy any relevant requirements in terms of section 11 or 12 or regulation 8, before determining whether to accept the application; or a Notice Confirming a Name Reservation or Registration in Form CoR 9.4, if the Commission has accepted an application to reserve a name, or extend the reservation of a name; or a Notice Refusing a Name Reservation or Registration in Form CoR 9.
Cnapter 2 Fonnation. Administration and Dissolution of Companies: Part A-Reservation and Registration of Company Names Regulation 10 the use of that name, or in the case of an application including alternative names, the use of each of those names, by the applicant is prohibited in tenns of the Act.
If the Commission has accepted the reservation of a name that the Commission considers may be contestable on any ground contemplated in section 12 (3), the Commission, when issuing Fonn 9.
A Notice of a Potentially Contested Name, in Fonn CoR 9.6, to the applicant if the name is contestable in tenns of section 12 (3)(a), read with section 11 (2)(b) or (c); or a Notice of a Potentially Offensive Name, in Form CoR 9.7, to the South African Human Rights Commission and to the applicant, if the name is contestable in tenns of section 12 (3)(b), read with section 11(2)(d).
See >.
An application for registration of a defensive name in tenns of Section 12 (9) must be accompanied by the fee set out in Table CR 1; and evidence that the applicant has a direct and material interest in the name.
An application to renew the registration of a defensive name must be accompanied by the fee set out in Table CR 1; and evidence that the applicant continues to have a direct and material interest in the name.
As soon as practicable after receiving an application to register a defensive name, or to renew the registration of a defensive name, the Commission must issue to the applicant a Notice Requiring Further Particulars in Fonn CoR 9.
Regulation 11 a Notice Confinning the Registration in Form CoR 9.4, if the Commission has accepted an application for registration of a defensive name, or to renew the registration of a defensive name; or a Notice Refusing a Name Reservation or Registration in Form CoR 9.5, if the form of the name does not satisfy the requirements of section 11, or regulation 8; or the use of that name by the applicant is prohibited in terms of the Act.
If the Commission has accepted the registration of a defensive name that may be contestable on any grounds contemplated in section 12 (3), the Commission, when issuing Form 9.4 in response to that application, must also issue a Notice of a Potentially Contested Name, in Form CoR 9.6, to the applicant if the name is contestable in terms of section 12 (3)(a), read with section 11 (2)(b) or (c); or a Notice of a Potentially Offensive Name, in Form CoR 9.7 to the South African Human Rights Commission and to the applicant, if the name is contestable in terms of section 12 (3)(b), read with section 11(2)(d).
An application to transfer the reservation of a name, or the registration of a defensive name, to another person must be made in Form CoR 11.1, and accompanied by the fee set out in Table CR 1; and in the case of a name reservation in respect of which satisfactory evidence of any facts was required in terms of regulation 8, must be accompanied by satisfactory evidence of the comparable facts in relation to the transferee; or registration of a defensive name, must be accompanied by satisfactory evidence that the transferee has a direct and material interest in the name.
As soon as practicable after receiving an application to transfer a name reservation or the registration of a defensive name, the Commission must issue to the applicant a Notice Requiring Further Particulars in Form CoR 9.
Chapter 2 -Formation. Administration and Dissolution of Companies: Part A-Reservation and Registration of Company Names Regulation 12-r13 a Notice Omfllil1ing a Name Reservation or Registration in Form CoR 9.4, if the Commission has accepted the Notice of Transfer of the name; or a Notice Refusing a Name Transfer in Form CoR 11.2 if the use of that name by the transferee is prohibited on the grounds that the evidence of matters contemplated in regulation 8 or sub-regulation (1)(b) is unsatisfactory.
Sees.
A notice contemplated in section 12 (6) must be issued by the Commission in Form CoR 12.1, and must specify clearly the purpose of the notice in terms of the items listed in section 12 (6)(a) to (d); and set out the grounds upon which the Commission has formed the requisite belief that the notice i::: justified.
If a person who has received a notice in Form CoR 12.
fails to respond to that notice within 40 business days after receiving it, the Commission must issue either a notice in Form CoR 9.5, rejecting the application to reserve the name, or a further notice in Form CoR 12.1, cancelling the reservation, or refusing to extend or transfer the reservation, as the case may be.
provides information to the Commission within 40 business days after receiving Form CoR 12.1, the Commission, after considering that information, must issue either a notice in Form CoR 9.4 accepting the reservation, extension or transfer as the case may be; or a further notice in Form CoR 12.1, cancelling the reservation, or refusing to extend or transfer the reservation, as the case may be.
a Notice of a Potentially Contested Name, in Form CoR 9.6 or a Notice of a Potentially Offensive Name, in Form CoR 9.
COMPANIES REGULATIONS, 2011 a Notice Refusing to Reserve or Register a Name, in Form CoR 9.
a Notice Refusing a Name Transfer, in Form CoR 11.2 in terms of regulation 10, 11 or 12; or any notice in Form CoR 12.1, delivered in terms of regulation 12.
must stipulate whether the company's name will be in the case of a profit company, its registration number, as contemplated in section 11 (1)(b), in which case the applicable spaces for the name to be entered on Form CoR 14.
a name that has been reserved or defensively registered for use in terms of the Act, and which the incorporators are entitled to use, in which case the reservation number and that name reserved, or defensively registered, must be set out on Form CoR 14.
Regulations 8 and 9, read with the changes required by the context, apply with respect to each alternative name listed on the noticc.
If the Notice of Incorporation indicates that the company is to be known by its registration number, or by a name that has been reserved in advance, the Commission must reduce the filing fee for the Notice of Incorporation by an amount equivalent to the fee for an application for name reservation.
COMPANIES REGUlATIONS.
Chapter 2 -Formation, Administration and Dissolution ofCompanies: Part B-Incorporation and Legal Status ofCompanies Regulation 15 the registration number in the case of a profit company, in the manner contemplated in section 14 (2)(b), if none of the listed alternative names is acceptable; and sections 11 and 12 and regulations 8 and 9, each read with the changes required by the context, apply to the consideration of any such name by the Commission, as if the Commission were considering an application to reserve that name.
The Commission may reject a Notice of Incorporation in terms of section 13 (4) by issuing a notice to the incorporators in Form CoR 14.2 and returning to them any documents or other material flled with the Notice of Incorporation.
The registration certificate issued by the Commission in terms. of section 14 (1)(b) must be in Form CoR 14.3.
See s. 13 (1) and s.
If the incorporators of a company elect to use a standard form Memorandum of Incorporation, as contemplated in section 13 (l)(a)(i), to incorporate a private company, that Memorandum of Incorporation may be in either the 'short form' CoR IS.IA, or the 'long form' CoR 15.
a profit company other than a private company, that Memorandum of Incorporation must be in Form CoR IS.1B; or a non-profit company without members, that Memorandum of Incorporation may be in either the 'short form' CoR lS.lC, or the 'long form' CoR 1S.1D; or with members, that Memorandum of Incorporation must be in Form CoRIS.IE.
At any time after the incorporation of a company using Form CoR lS.lA in the case of a profit company, or CoR 15.1C in the case of a non-profit company, the company may substitute its Memorandum of Incorporation with a Memorandum of Incorporation in the Form CoR IS.IB, or IS.ID, respectively, by filing a Notice of Amendment in Form CoR 1S.
a copy of a special resolution of the company approving the new form of Memorandum of Incorporation together with the appropriate flling fee, as set out in Table CR 2B.
Within 10 business days after an amendment to a company's Memorandum of Incorporation has been effected in any manner contemplated in section 16 (1), the company must file a Notice of Amendment in Form CoR 15.
the fee set out in Table CR 2B, subject to any fee waiver provided for in the Act or these regulations.
Within 10 business days after publishing a notice of alteration of its Memorandum of Incorporation, as contemplated in section 17 (1)(a), a company must file a Notice of Alteration in Form CoR 15.3, together with the fee set out in Table CR 1.
A filed translation of a company's Memorandum of Incorporation must be accompanied by Form CoR 15.4, which must include the sworn statement required by section 17 (4), together with the fee set out in Table CR 1.
A consolidated revision of a company's Memorandum of Incorporation must be accompanied by Form CoR 15.5, which must include a sworn statement, or a statement by an attorney or notary, as required by section 17 (6), together with the fee set out in Table CR 1.
A notice by the Commission requiring a company to file a consolidated revision of its Memorandum of Incorporation must be in Form CoR 15.6.
See s. 15 (3) to (5) (1) Rules of a company contemplated in section 15 (3) must be filed with Form CoR 16.1 within 10 business days after being published by the company in terms of section 15 (3)(a).
Within 10 business days after any rules of a company have been put to a ratification vote in terms of section 15 (4), the company must file a Notice in Form CoR 16.2 indicating whether the rules have been ratified or rejected.
Within 10 business days after any rules of a company have been amended, altered or repealed the company must file a Notice in Form CoR 16.1 indicating clearly the extent and effect of the change.
See s. 13 (5) to (10) (1) An application by a foreign company to transfer its registration to the Republic, as contemplated in section 13 (5), must be filed in Form CoR 17.
The fee set out in Table CR 2B.
As soon as practicable after receiving an application to transfer the registration of a foreign company, the commission must issue either a Notice Requiring Further Information in Form CoR 17.2, if the Commission requires more information to verify that the requirements of section 13 (6) and a Certificate of Registration in Form CoR 17.3, if the Commission has accepted the application to transfer the company's registration to the Republic; and the company's Memorandum of Incorporation, including its name, is consistent with the requirements of the Act; or a Notice Refusing to Transfer Registration, in Form CoR 17.3, if the commission believes on reasonable grounds that the company is not entitled to transfer its registration to the Republic in terms of section 13 (5) to (10).
A foreign company may apply to the Tribunal to review a conditional certificate of registration contemplated in sub-regulation (2)(c), or a notice contemplated in subregulation (2)(d).
A Notice of Conversion of a close corporation in terms of Schedule 2 must be ftled in Form CoR 18.
a Memorandum of Incorporation; and the fee set out in Table CR 2B.
Chapter 2 -Formation, Administration and Dissolution of Companies: Part C--Transparency.
As soon as practicable after receiving a Notice of Conversion, the Commission must issue either a Notice Requiring Further Information in Form CoR 18.2, if the Commission requires more information to verify that the requirements of Schedule 2 bave been satisfied; or a Certificate of Registration in Form CoR 18.3, if the Commission has accepted the Notice of conversion; and the company's Memorandum of Incorporation, including its name, is consistent with the requirements of the Act.
The Commission may issue a notice to show cause contemplated in section 22 (2) in Form CoR 19.1, which must clearly set out the grounds upon which the Commission has formed the requisite belief that the notice is justified.
If a person who has received a notice in Form CoR 19.1 provides information to the Commission within 20 business days after receiving the notice, the Commission, after considering that information, must issue either a notice in Form CoR 19.2 accepting the information, and confirming the company's right to continue carrying on its business activities; or a compliance notice, as contemplated in section 22 (3).
An external company must register by filing a notice in Form CoR 20.
Chapter 2 Formation, Administration and Dissolution of Companies ; Part C-T!
the address of its registered office in the Republic, as required by section 23 (3)(b)(i)(bb) and Form CoR 20.1; and the name and address of the person within the Republic who has consented to accept service of documents on behalf of the external company, and has been appointed by the company to do so, together with evidence of that person's consent and appointment in Form CoR 20.1.
As soon as practicable after accepting a filed notice in terms of sub-regulation (1), and upon entering the prescribed information relating to the external company in the register in terms of section 23(S)(c), the Commission must issue a registration certificate to the external company, in Form CoR 20.2.
If any change occurs or takes place in respect of the information furnished under paragraph (e) of subregulation 1, the external company must file form CoR 21.2 advising the Commission of the change.
A company or external company must notify the Commission of a change in its registered office by filing Form CoR 21.1 with the fee set out in Table CR 1, indicating the effective date of the change, which must be at least five business days after the date on which the notice is filed.
A company must notify the Commission of the location, or of any change in the location, of any company records that are not located at its registered office, by filing Form CoR 22, indiuting the date as of which the records will be kept at the relevant location, which must be the date on which the notice is filed, or a later date.
See 5.
in the case of a company that is required to have an audit committee, any professional qualifications and experience of the director, to the extent necessary to enable the company to comply with section 94 (5) and regulation 42.
sub-regulations (3) to (4).
to the extent applicable, the person's right of access to the information has been confirmed in accordance with the Promotion of Access to Information Act, 2000.
to the extent applicable any further documents or other material required in terms of the Promotion of Access to Information Act, 2000.
A company, that receives a request in terms of subsection 3(a) must, within 14 business days, accede to the request.
See s. 27 and 28 (1) A company must notify the Commission of a change in its fmancial year end by filing Form CoR 25.
Chapter 2.
Regulation 25 enable the company to satisfy aU reporting requirements applicable to it, as set out in section 28 (1) read with section 29 (1); and provide for the compilation of fmancial statements, and the proper conduct of an audit, or independent review, of its annual financial statements, as applicable for the particular company.
in any capacity or manner contemplated in section 65 (2) of the Consumer Protection Act, 2008 (Act No.
if the company trades in goods, a record of inventory and stock in trade, statements of the annual stocktaking, and records to enable the value of stock at the end of the fmancial year to be determined.
In addition to the requirements set out above, a non-profit company must maintain adequate records of all revenue received from donations, grants, and member's fees, or in terms of any funding contracts or arrangew.;nts with any party.
to comply with any other applicable law dealing witli accounting records, access to information, or confidentiality.
ensure that the records are at all times capable of being retrieved to a readable and printable form, including by converting the records from legacy to later systems, storage media, or software, to the extent necessary from time to time.
For greater certainty, the requirements of this regulation are in addition to, and not in substitution for, any applicable requirements to keep accounting records set out in terms of any other law, or any agreement to which the company is a party.
qualified to be appointed as an accounting officer of a close corporation in terms of section 60 (1), (2) and (4) of the Close Corporations Act, 1984 (Act No.
is not related to any person who falls within any of the criteria set out in clause (ii) or (iii).
in accordance with any relevant financial reporting standards.
"SA GAAP" means the South African Statements of Generally Accepted Accounting Practice, as adopted from time to time by the Accounting Practices Board or its successor body.
in the case of a non-profit company, to be a member of the company, or a member of an association that is a member of the company.
Sees. 29{4} (1) A company's fmancial statements may be compiled internally or independently.
For all purposes of this regulation and regulations 28 and 29, a company's fmandal statements must be regarded as having been compiled internally, unless they have been 'independently compiled and reported', as defmed in regulation 26 (1)(e).
Chapter 2 Formation, Administration and Dissolution of Companies : Part C--Transparency.
Regulation 27 that is required to prepare its fmancial statements to the standards of IFRS for SMEs, from preparing its financial statements to the standards of IFRS instead; or that is not subject to any prescribed standards, from preparing its financial statements to the standards of either !FRS or IFRS for SMEs or SA GAAP.
State owned companies. IFRS, but in the case of any conflict with any requirement in terms of the Public , Finance Management Act, the latter prevails.
I SME's.
i owned or public companies, whose (a) rFRS; or public interest score for the particular (b) rFRS for SMEs, provided that the financial year is at least 350.
Profit companies, other than stateThe Financial Reporting Standard as owned or public companies, whose determined by the company for as long public interest score for the particular as no Financial Reporting Standard is financial year is less than 100, and prescribed.
annual financial statements audited. Mana ement Act, the latter revails. Non profit companies, other than those One of-contemplated in the first row above, (a) IFRS; or whose public interest score for the : (b) IFRS for SMEs, provided that the particular financial year is at least 350.
Non profit companies, other than those One of contemplated in the first row above---(a) IFRS; or whose public interest score for the (b) IFRS for SMEs, provided that the particular financial year is at least 100, but company meets the scoping requirem ents less than 350; or outlined in the IFRS for SME's; or w hose public interest score for the particular financial year is less than 100, and whose financial statements are independently compiled.
whose public interest score for the no Financial Reporting Standard is particular financial year is less than 100, prescribed. and whose financial statements are internally compiled.
The Financial Reporting Standards prescribed by this regulation apply to every company with a fmancial year end starting on or after the effective date of the Act.
Regulation 28-r29 28.
This regulation applies to a company unless, in terms of section 30 (2A), it is exempt from having its annual financial statements either audited or independently reviewed.
is 350 or more; or is at least 100, if its annual fmancial statements for that year were internally compiled.
causes or has caused the company to trade under insolvent circumstances.
is required by its own Memorandum of Incorporation, or required in terms of the Act or regulation 28, to have its annual fmancial statements for that fmancial year audited; or has voluntarily had its annual financial statements for that year audited.
A company to which this regulation applies must have its annual fmancial statements independently reviewed in accordance with ISRE 2400.
An independent review of a company's annual fmancial statements must be carried out in the case of a company whose public interest score for the particular financial year was at least 100, by a registerered auditor, or a member in good standing of a professional body that has been accredited in terms of section 33 of the Auditing Professions Act; or in the case of a company whose public interest score for the particular financial year was less than 100, by a person contemplated in paragraph (a); or a person who is qualified to be appointed as an accounting officer of a close corporation in terms of section 60 (1), (2) and (4) of the Close Corporations Act, 1984 (Act No. 69 of 1984).
An independent review of a company's annual financial statements must not be carried out by an independent accounting professional who was involved in the preparation of the said annual financial statements.
An independent reviewer of a company that is satisfied or has reason to believe that a reportable irregularity has taken place or is taking place in respect of that company must, without delay, send a written report to the Commission.
The report must give particulars of the reportable irregularity referred to in paragraph (a) and must include such other information and particulars as the independent reviewer considers appropriate.
Regulation 29 sending of the report referred to in subregulation (6) and the provisions of this regulation.
A copy of the report to the Commission must accompany the notice.
detailed particulars and information supporting the statement referred to in subparagraph (i).
The Commission must as soon as possible after receipt of a report containing a statement referred to in paragraph (c)(i)(cc) of subregulation (8), notify any appropriate regulator in writing of the details of the reportable irregularity to which the report relates and provide it with a copy of the report and may investigate any alleged contravention of the Act.
For the purpose of the reports referred to in subregulations (6) and (8), an independent reviewer may carry out such investigations as the independent reviewer may consider necessary and, in performing any duty referred to in the preceding provisions of this regulation the independent reviewer must have regard to all the information which comes to the knowledge of the independent reviewer from any source.
Regulation 30 has not sent a report referred to in subregulation (6) or (8), and is requested by a provisional liquidator or liquidator, as the case may be, to send a report, the independent reviewer must as soon as reasonably possible send the report together with a motivation as to why a report was not sent; or submit a notice that in the independent reviewer's opinion no report needed to be submitted, together with a justification of the opinion.
it has in place appropriate programmes and structures to ensure that that it is actively endeavouring to achieve the objective of being representative of all sectors of the South African population; and it meets any other requirements that may be determined by the Commission from time to time.
A company must file its annual return in Form CoR 30.1 together with the prescribed fee set out in Table CR2 B unless exempt from such payment under sub-regulation 8, within 30 business days after the anniversary of its date of incorporation, in the case of a company that was incorporated in the RepubliC; or the date that its registration was transferred to the Republic, in the case of a domesticated company.
A company that is required by the Act or regulation 28 to have its annual financial statements audited must file a copy of the latest approved audited financial statements on the date that it files its annual return.
A company that is not required in terms of the Act or regulation 28 to have its annual financial statements audited may file a copy of its audited or reviewed statements together with its annual return.
A company that is not required to file annual financial statements in terms of sub-regulation (2), or a company that does not elect to file a copy of its audited or reviewed annual financial statements in terms of sub-regulation (3), must file a financial accountability supplement to its annual return in Form CoR 30.2.
may issue a compliance notice to any such company setting out changes that are required to the company's practices to better comply with the financial record keeping and financial reporting provisions of the Act.
An external company must file its annual return in Form CoR 30.3 together with the prescribed fee set out in Table CR2 B, within 30 business days after the anniversary date of its registration as an external company.
If the information furnished by the company on Form CoR 30.1, or by an external company on Form CoR 30.3, differs from the information on the Commissions register and pre-printed on Form CoR 30.1 or Form CoR 30.3 respectively by the Commission, the company or external company must file the applicable CoR form for changing the said information together with Form CoR 30.1 or CoR 30.3 respectively, and pay the appropriate prescribed fee (if any) for such change.
A company that has been inactive during the financial year preceding the date on which its annual return becomes due under sub-regulation 1, may apply to the Commission for exemption from payment of the prescribed fee contemplated in sub-regulation 1, provided that the application is supported by the financial statements indicating that the company had in fact no turnover during that financial year.
This regulation does not apply in respect of a pre-existing company contemplated in Item 6 (1) of Schedule 5.
A pre-existing company may not authorise any new par value shares, or shares having a nominal value, on or after the effective date.
the company must not issue any shares of that class on or after the effective date, until it has converted that class of shares in accordance with paragraph (b); and the board of the company may convert that class, or those classes, of authorised shares to shares having no nominal or par value, by adopting a board resolution to do so, and fIling a notice of that resolution in Form CoR 31, without charge, at any time after the effective date.
Sub-regulations (5) to (11) do not apply to a conversion contemplated in sub regulation (3)(b).
may issue further authorised shares of that class at any time on or after the effective date, until it has pUblished a proposal in terms of sub-regulation (6) to convert that class of shares; and may fIle without charge an amendment to its Memorandum of Incorporation to effect a conversion of that class, or those classes, of shares, after adopting that amendment in accordance with sub-regulations (6) to (11).
a further special resolution adopted by a meeting of the company's shareholders called for that purpose.
evaluate any .. material adverse effects of the proposed arrangement against the compensation that any of those persons wiil receive in terms of the arrangement.
file a copy of the proposed resolution and report with the Commission and with the South African Revenue Service, at the same time that the proposal is published to the shareholders.
and the court may make any order that is just and reasonable in the circumstances.
Ifan application is made to a court in tenns of sub-regulation (9), the company may not put the proposed resolution to a vote until the court proceedings are completed and the time for any appeal or review of any court order has expired.
If, after considering an application in terms of sub-regulation (9), the court declares that the proposed resolution satisfies tile requirements of the Act the company may put the proposal to a vote; and the decision of the court does not restrict, limit or negate the right of any shareholder to vote against that resolution; or does not satisfy the requirements of the Act, the company must not proceed with a vote on the proposal, except to the extent that the court order provides otherwise.
OJapter 2 Fonnation.
the number of issued uncertificated form; securities of..
for every class of authorised securities, at any time the Dumber of securities of that class that are available to be issued; and the number of securities of that class that are the subject of options or conversion rights which, if exercised, would require securities of that class to be issued.
the date on which any securities that had been issued or transferred to the person were subsequently transferred by that person, or by operation of law, to another person; or re-acquired by, or surrendered to, the company in terms of any provision of the Act or the Memorandum of Incorporation; and at any time, the total number of securities of that class held by the person.
email address if available, unless the person has declined to provide an email address.
to provide adequate precautions against theft, loss or intentional or accidental damage or destruction; and falsification; and to facilitate the discovery of any falsification.
If a company's securities register is kept in electronic form, the company and, in the case of an uncertificated securities register, the relevant Participant or Central Securitie&Dcpository, as the case may be, must provide adequate precautions against loss of the records as a result of damage to, or failure of, the media on which the records are kept; and ensure that the records are at all times capable of being retrieved to a readable and printable form, including by converting the records from legacy to later systems, storage media, or software, to the extent necessary from time to time.
In so far as the identity number and e-mail address of a person may be entered into a register kept under this regulation, such information may, at the instance of the company, Central Securities Depository or relevant Participant as the case may be, be regarded as confidential.
Any entry in a securities register pertaining to a person who has ceased to hold securities of the company may be disposed of seven years after that person last held any securities of the company.
An instruction to a company to convert certificated securities into un certificated securities must be given by the holder of the certificated securities whose name is entered in the company's securities register as the holder of the certificated securities in question, or by an authorised agent of that person.
Chapter 2 Formation, Administration and Dissolution of Companies: Part E-Securities Registration and Transfer Regulation 34 is taken by a person authorised to take that action, and carried out in accordance with the Act, regulation 34, and this regulation; and results in a consequence listed in section 55 (1) (a) to (c), is not "an unlawful action" as contemplated in section 55 (1).
must verify that the document of title relating to the certificated securities has, on the face of it, been validly issued by the company; and may not act on an instruction to convert if it has reason to doubt the validity of the instruction or the document of title relating to the certificated securities.
reflect the converted securities as uncertificated securities in its securities register.
Chapter 2 Formation, Ad.
After certificated securities have been converted in terms of sub-regulation.
the central securities depository, to enter the number of uncertificated securities and the name of the holder of the securities, as it appeared in the company's securities register before the conversion took place, in an uncertificated securities register in accordance with the rules of the central securities depository.
reduce the register.
results in a consequence listed in section 55 (1) (a) to (c), is not "an unlawful action" as contemplated in section 55 (1).
A person may give notice to a company of a pre~incorporation contract or action contemplated in section 21 (1), by filing, and delivering to the company, a notice in Form CoR 35.1.
If the board of a company has completely or partially rejected, or completely or partially ratified, a pre-incorporation contract or action of which it has received notice, as contemplated in section 21 (3), the company must, within five business days file a notice of its decision with respect to that contract or action in Form CoR 35.2; and deliver a copy of that notice to each person who is a party to the contract or materially affected by the action.
A person who holds any securities of a company may give notice to the company for any purpose contemplated in sections 37 (8), 39, 58, 115 (8), or 165 (2) by delivering a completed Form CoR 36.1 to the company, except to the extent that the requirements of a central securities depository provide otherwise.
A company may notify each person who holds any securities of the company for any purpose contemplated in sections 39, 45(5), 56 (5), 60, or 62 (1), by delivering a completed Form CoR 36.2 to each registered security holder, except to the extent that the requirements of a central securities depository provide otherwise.
A registered holder of any securities in which any other person has a beneficial interest may give notice to each person who has such an interest, as required by section 56 (11), by delivering a completed Form CoR 36.3 to each such person, except to the extent that the requirements of a central securities depository provide otherwise.
A director or prescribed officer of a company may give notice of a personal fmancial interest to the company by delivering a completed Form CoR 36.4.
If any securities of a particular company are in uncertificated form, or otherwise subject to rules of a central securities depository, the company must set the record date in accordance with those rules.
in the case of a listed company, on any automated system of disseminating information maintained by the exchange.
Despite not being a director of a particular company, a person is a "prescribed officer" of the company for all purposes of the Act if that person exercises general executive control over and management of the whole, or a significant portion, of the business and activities of the company; or regularly participates to a material degree in the exercise of general executive control over and management of the whole, or a significant portion, of the business and activities of the company.
This regulation applies to a person contemplated in sub-regulation (1) irrespective of any particular title given by the company to an office held by the person in the company; or a function performed by the person for the company.
Directors and register of persons disqualified from serving as director See s. 69(8)(b)(iv) and s.
A notice that a person has become a director of a company, as required by section 70 must be filed in Form CoR 39, within 10 business days after appointment.
Within 10 business days after a person ceases to be a director of a company or external company, or after the company or external company becomes aware that any information respecting the director has changed, the company must file a notice of that change in Form CoR 39.
In addition to the court orders received from the Registrar of the Court under section 69(llA), the Commission may for purposes of maintaining the register of persons disqualified from serving as directors, obtain relevant information from the official records of the clerk of the magistrates court, the Master, the South African police services, any regulatory authority or any institution that regulates any profession in the Republic.
(8)(b)(iv), is R 1 000.
Otapter 2 Formation.
See s. 79 to 83 (1) A resolution by a solvent company to wind up must be filed with Form CoR 40.1.
If a company or external company has failed to flIe an annual return for two years in succession, as contemplated in section 82 (3)(a), the Commission may deliver a demand in Form CoR 40.3 to the company or external company by registered post, or other means of verified communication, requiring the company or external company to provide the satisfactory information contemplated in section 82 (3)(a)(ii).
must issue a compliance certificate, if the information is satisfactory and the company or external company has flied an annual return for every year that it had failed to do so.
issue a Notice of Pending Deregistration in Form CoR 40.
deregister the company or external company at any time more than 20 business days after delivering the Notice of Pending Deregistration, unless during that time the company or external company has filed its annual return for every year that it had failed to file.
When any company or external company has been deregistered the books and papers of the company or external company may be disposed of in such way as the Commission may direct.
The Commission may re-instate a deregistered company or external company only after it has fIled the outstanding annual returns and paid the outstanding prescribed fee in respect thereof.
An application to re-instate a de-registered company or external company must be made in Form CoR 40.5 and must comply with such conditions as the Commission may determine.
A notice by a company to transfer its registration to a jurisdiction outside the Republic, as contemplated in section 82 (5), must be filed in Form CoR 40.
Despite the repeal of the Companies Act, 1973, the regulation for the Winding-Up and Judicial Management of Companies as promulgated under Government Notice R2490 of 28 December 1973, and as subsequently amended from time to time, continues to apply to any matter to which Chapter 14 of the Companies Act, 1973 continues to apply in terms of Item 9 (1) to (3) of Schedule 5 of the Act, until the date to be determined as contemplated in Item 9 (4) of Schedule 5.
For the purposes contemplated in section 94 (5), at least one-third of the members of a company's audit committee at any particular time must have academic qualifications, or experience, in economics, law, corporate governance, finance, accounting, commerce, industry, public affairs or human resource management.
Chapter 3 -Enhanced Accountability and Transparency; Part G-Winding up and Deregistering companies and external companies Regulation 43 any other company that has in any two of the previous five years, scored above 500 points in terms of regulation 26(2).
A company to which this regulation applies must appoint a social and ethics committee unless it is a subsidiary of another company that has a sodal and ethics committee, and the social and ethics committee of that other company will perform the functions required by this regulation on behalf of that subsidiary company; or it has been exempted by the Tribunal in accordance with section 72 (5) and (6).
the date it first met the criteria set out in sub-regulation (l)(c), in any other case.
A company's social and ethics committee must comprise not less than three directors or prescribed officers of the company, at least one of whom must be a director who is not involved in the day-to-clay management of the company's business, and must not have been so involved within the previous three fmandal years.
to draw matters within its mandate to the attention of the Board as occasion requires; and to report, through one of its members, to the shareholders at the company's annual general meeting on the matters within its mandate.
A notice of appointment of auditor, or company secretary, or of person ceasing to act in such capacity, as contemplated in section 85 (3), must be in Form CoR 44.
A notice issued by the Commission to a company that has failed to appoint an auditor, company secretary, audit committee or social and ethics committee, as required by the Act must be in the form of a compliance notice.
The minimum time required for the purposes of section 96 (1)(g)(v) is 12 months.
The threshold required in terms of section 96 (2)(a) is R 1 million.
Documents flled in connection with an employee share scheme, as required by section 97 (2)(c) must be accompanied by Form CoR 46.1.
A certificate required by section 97 (2)(d) must be in Form CoR 46.2.
An application to exclude categories of persons from a rights offer, as contemplated in section 99 (7) must be flled in Form CoR 46.3.
An application to register a prospectus, or flle a letter of allocation, as contemplated in section 99 (9), must be in Form CoR 46.4, must be accompanied by a copy of the prospectus with any documents required by Parts B or C of this Chapter, and by the fee set out in Table CR 2B.
A certificate of registration of a prospectus, or of the flling of a letter of allocation, issued by the Commission must be in Form CoR 465.
An application to the commission to allow required information to be omitted from a prospectus, as contemplated in section 100 (9) and (10), must be in Form CoR 46.6.
"purchase money", when used in respect of any property hired or proposed to be leased by a company, includes the consideration for the lease.
A report by an auditor required by Part C of thls Chapter must not be made by any person who is a director, prescribed officer, or employee of the company or, in the case of a company that is part of a group of companies, of any company that is a part of that group; or a partner or employee of, or a person related to, any such director or prescribed officer of the company or, in the case of a company that is part of a group of companies, of any company that is a part of that group.
Ifa company has been carrying on business for less than 5 years, or if a business undertaking has been carried on for less than 5 years, the annual'financial statements of the company or business undertaking required by this Chapter must be provided only for the number of financial years that the company has existed, or the business has been carried on.
Chapler 4 -Offerings of Company Securities: Part B-Requirements Concerning Offi:ring of Securities Regulation 49 make those adjustments, in which case, the person must clearly indicate the adjustments that have been made; and include a note explaining the adjustments that have been made.
setting out a factual basis in support of each adjustment, or proposed adjustment, as the case may be; and identifying which adjustments have a continuing effect on the company, and which do not.
Letters of aUocation in respect of unlisted securities See s.
file any agreement referred to in a document contemplated in paragraph (a), with a translation in an official language, if the agreement is not already in an official language; and pay the prescribed fee as set out in Table CR 2B.
Upon registering the documents referred to in sub-regulation (1), the Commission must deliver a certificate of the registration of the letter of allocation to the compan y concerned or the person who submitted them on behalf of the company.
Every letter of allocation that is issued must state on the face of it that a copy of it, together with copies of all other documents referred to in sub-regulation (1), have been filed; and include a statement advising that copies of every document referred to in subregulation (1) are available, and setting out the manner by which any such copy may be obtained.
Sub-regulation (3)(b) does not apply to any letter of allocation issued in connection with a renunciation of part of the rights to subscribe in terms of the rights offer.
Regulation 50-r52 50.
A rights offer in respect of listed securities, and all documents issued in connection with it, must satisfy the requirements that would apply to a prospectus in terms of sections 100 and 102 and regulation 51, each read with the changes required by the context.
Every prospectus must be produced in a style that satisfies the requirements set out in section 6 (4) to (6).
As far as possible the general matter of a prospectus must be presented in narrative form, and statistical matter must be presented in tabular form.
be organised in accordance with the order, and use the headings, of the subparts and each of the regulations comprising Part C, as applicable in terms of regulation 55 or 56, as the case may be.
Every prospectus issued must state on its face that it is a copy of a registered prospectus; and specify or. refer to statements included in it specifying any documents required by the Act or this Chapter to be endorsed on or attached to or to accompany the prospectus when it is filed.
A prospectus in respect of an offer for the subscription of shares of a company must be signed by every person named in it as a director of the company or by an agent authorised in writing by a director to sign on behalf of that director.
A prospectus in respect of any other offer must be signed by every person making the offer, or by an agent authorised by any such person in writing to sign on behalf of that person.
If a prospectus has been signed on behalf of a juristic person, every director of that juristic person is deemed to have authorised the issue of the prospectus irrespective of whether that director signed it, unless it is proven that it was issued without the director's knowledge, authority or consent.
Every signature to a prospectus must be dated.
The date of the prospectus is the date on which it is registered, or the later date, if any, expressly stated on the first page of the prospectus.
The relevant power of attorney documents, or resolutions authorising the signing of the prospectus, if all the directors have not signed the prospectus.
Every prospectus must include all material information relating to the securities being offered including, but not limited to, the information specifically required in this Part; and a narrative statement setting out the extent to which, and manner in which, the company has applied the principles of the King Report and Code; and the reasons for any instance of not applying the recommended principles in the King Report and Code.
the name and address of the vendor of the business undertaking or property; and if there is more than one vendor, the amount payable in cash or securities to each vendor.
If the offer is not being underwritten, the prospectus must either include a statement by the directors setting out the manner in which, and the sources from which, any shortfall in the amount proposed to be raised by means of the offer is to be financed; or state that the offer is conditional on the raising of the specified minimum amount.
A separate enumerated paragraph for each topic described in regulations 57 to 64, to the extent that the regulation applies to the offer, using the relevant regulation heading as the paragraph title.
A separate enumerated paragraph for each topic described in regulations 70 to 72, to the extent the regulation is applicable to the offer, using the relevant regulation heading as the paragraph title.
A separate enumerated paragraph for each topic described in regulations 74 to 78, to the extent that the regulation is applicable to the offer, using the relevant regulation heading as the paragraph title.
Separate enumerated paragraphs as required to address any material information relating to the offer, not contemplated in sections 1,2 or 3 above.
A list setting out those regulation numbers and headings contemplated in the outline for Sections 1, 2 or 3 above that are not applicable in the circumstances of the offer.
A separate enumerated paragraph for each topic described in regulations 57 to 69 that is applicable to the offer, using the relevant regulation heading as the paragraph title.
Separate enumerated paragraphs as required to address any material infonnation relating to the offer, not contemplated in sections 1, 2 or 3 above.
The date of incorporation of the company.
Ifthe company is a foreign company, in addition to the infonnation required by sub regulation (1), Section 1, Paragraph 1 of a prospectus must also set out the name of the foreign jurisdiction in which it was incorporated; and the date and registration number of the company's registration within the Republic as an external company in tenns of section 23, if it carries on business within the Republic; or on which the foreign company filed its Memorandum of Incorporation and list of directors, in tenns of section 99 (1)(b).
a holding company, the first paragraph of section 1 of the prospectus must also include, the name, date and place of incorporation of each of its subsidiaries.
In this regulation, a reference to directors, proposed directors or prescribed officers of a company includes any person holding one or more material contracts to perform any executive function for the company.
company secretary, together with the company secretary's professional qualifications.
a summary statement of the basis on which that person will be compensated by the company for performing those services.
In this regulation, "material" has the meaning set out in section 1, having particular regard to a company's history of profits or losses, or assets employed or to be employed.
Section 1, Paragraph 3 of every prospectus contemplated in regulation 55 must set out a general description of the business carried on or to be carried on by the company and any material subsidiary and, ifthe company or any such subsidiary carries on or proposes to carryon more than one material business, information as to the relative importance of each such business, but only to the extent that there has been a material change in the nature of the company's activities since it last issued an arumal financial statement; or contemplated in regulation 56 must set out a general description of the business carried on or to be carried on by the company and any material subsidiary and, if the company or any such subsidiary carries on or proposes to carryon more than one material business, information as to the relative importance of each such business.
The general history of the company and any material subsidiary stating, among other things the length of time during which the business of the company, and of any such subsidiary, has been carried on; and the date on which the company became a public company.
Details of any material change in the business of the company during the past 3 years.
The opinion of the directors, stating the grounds for that opinion, as to the prospects of the business of-.
any subsidiary or business undertaking to be acquired or intended to be acquired within one year following the date of the prospectus.
A general description giving a fair presentation of the state of affairs of the company; and any material subsidiary, including(aa) its issued securities, with details of the shares held by the hOlding company, and the the date on which it became a subsidiary; and (bb) its main business.
The situation, area and tenure of the principal immovable property held or occupied by the company and any subsidiary including, in the case of leasehold property, the rental and unexpired term of the lease.
the amount of dividends paid in cents per share; and the dividend cover for each year.
If the company is a holding company, the information required by sub-regulation (3)(g) must be presented either for the company in consolidated form; or separatel y for the company and each of its subsidiaries.
a statement indicating whether the securities were issued to all holders of securities in proportion to their holdings and, if not, to whom issued, the reasons why the shares were not so issued and the basis of allotment.
if given to existing shareholders as such, material particulars thereof; and any other material fact or circumstance concerning the granting of such option Or right.
For the purpose of this regulation, "subscribing for shares" includes acquiring them from a person to whom they were allotted, or were agreed to be allotted, with a view to that person offering them for sale.
In this regulation, "commission" includes, but is not limited to, an amount paid or payable to any sub-underwriter who is a promoter or director or officer of the company.
Section 1, Paragraph 6 of every prospectus must state the amount, nature and extent of the consideration, if any, paid within the preceding two years, or payable, as commission to any person for subscribing or agreeing to subscribe, or procuring or agreeing to procure.
the rate of the commission payable in terms of any underwriting or subunderwriting agreement with each person contemplated in paragraph (a); and if a person contemplated in paragraph (a) is a company the names of the directors of that company; and the nature and extent of any interest, direct or indirect, in that company of any promoter, director or officer of the company in respect of which the prospectus is issued.
Section 1, Paragraph 7 of every prospectus must set out a concise list of existing contracts or proposed contracts, either written or oral, relating to the directors' and managerial remuneration, royalties, and secretarial and technical fees payable by the company or any subsidiary of the company; and the date and nature of, and the parties to, every other material agreement entered into by the company, or any subsidiary of the company, within the two years immediately before the date of the prospectus, subject to sub-regulation (2).
For the purposes of sub-regulation (1)(b), an agreement is not material if it is entered into in the ordinary course of the business carried on or proposed to be carried on by the company or a subsidiary, as the case may be.
Chapter 4 Offerings ofCompany Securities, Part C-Items required to be included in a Prospectus Regulation 1i4-r65 64.
In this regulation, the expression "director or promoter" refers to a director or promoter of a company only if its securities are being offered in a prospectus contemplated in regulation 55.
any property acquired or proposed to be acquired by the company or any subsidiary during the 3 years immediiately before the date of the prospectus; and if any interest of a director or promoter contemplated above consists in being a member of a partnership, company, syndicate or other association of persons the nature and extent of the interest of each such partnership, company, syndicate or other association; and the nature and extent of each such director's or promoter's interest in the partnership, company, syndicate or other association.
In this regulation, "loan" includes a debenture.
if the loan was advanced to another company, the names and addresses of the directors of that company.
the number, if any, of securities that were issued or agreed to be issued by the company, or a subsidiary of the company, within the 3 years immediately before the prospectus date, to any person other than for cash; and the consideration for which those securities were issued or were agreed to be issued.
Chapter 4 -Offerings of Company Securities: Part C-Items required to be included in a Prospectus Regulation 67 is material to a company's business, and the purchase price of which is to be defrayed in whole or in part out of the proceeds of the issue; or is to be, or was within the preceding 3 years, paid in whole or in part(aa) by the issue of securities of the company or any subsidiary; or (bb) out of the funds of the company or its subsidiary, whether in cash or securities; or the purchase or acquisition of which has not been completed at the date of the prospectus, and the nature of the title or interest therein acquired or to be acquired by the company or any subsidiary.
brief particulars of any transaction relating to the property completed within the preceding 3 years in which any vendor of the property to the company or any subsidiary or any person who is or was at the time of the transaction a promoter or a director or proposed director of the company had any interest, direct or indirect; and particulars of the price at which any property that is immovable, or an option over immovable property, was purchased or sold within 3 years immediately before the date of the prospectus, if any promoter or director had any interest, directly or indirectly, in a transaction, or any promoter or director was a member of a partnership, syndicate or other association of persons that had such an interest, with the dates of any such purchases and sales and the names of any such promoter or director, and the nature and extent of that interest.
In applying this regulation if any vendor is a partnership, each member of the partnership is not to be regarded as a separate vendor; and for the purposes of sub-regulation (2)(e), shares of a company, the major asset of which is immovable property, must be regarded as being immovable property.
Regulation 68-r72 68.
Section 1, Paragraph 12 of a prospectus contemplated in regulation 56 must state the amount, if any, paid within the preceding 3 years, or proposed to be paid, to any promoter, or to any partnership, syndicate or other association of which that promoter is or was a member, and the consideration for that payment, and any other benefit given to the promoter, partnership, syndicate or other association within the same period or proposed to be given, and the consideration for the giving of that benefit, and the promoter's name and address.
the amount or estimated amount of the expenses of the issue; and the persons to whom any ofthe expenses referred to in paragraph (c) were paid or are payable.
Section 2, Paragraph 1 of every prospectus must set out a statement of the purpose of the offer, giving reasons why it is considered necessary for the company to raise the amount sought under the prospectus; and if the amount sought under the prospectus is more than the amount of the minimum subscription referred to in regulation 73, the reasons for the difference between those amounts.
Section 2, Paragraph 2 of every prospectus must state a time and date of the opening and the closing of the offer.
if any securities are secured, particulars of the security, specifying the property comprising the security and the nature of the title to the property; and other conditions of the offer.
the price at which they were issued; and the reasons for any differentiation between those prices and the issue price of the securities being offered by the prospectus.
the reasons for any differentiation between the amounts of any such premium; and how any such premium was dealt with.
Section 2, Paragraph 4 of every prospectus contemplated in regulation 56 must state the minimum subscription contemplated in section 108 (2).
In respect of any offer, the minimum subscription is the lower of the full amount of the offer; or the amount, ifany, determined by the company in terms of sub-regulation (3).
The company may determine a minimum subscription value, being the amount that, in the opinion of the directors, must be raised by the issue of securities to provide the sums, or, jfany part thereof is to be defrayed in any other manner, the balance of the sums required, in respect of each of the matters listed in sub-regulation (4).
If the company has determined a minimum subscription value, as contemplated in sub-regulation (3), Section 2, Paragraph 4 of the prospectus must also set out-.
any other expenditure, stating the nature and purposes thereof and the estimated amount in each case; and the amounts, if any, to be provided in respect of the matters listed above otherwise than out of the proceeds of the issue, and the 30urces from which those amounts are to be provided.
In this regulation, "issued capital of the company" includes the minimum amount to be raised in pursuance of the offer.
Section 3, Paragraph 1 of every prospectus must set out either a statement by the directors of the company that, in their opinion, the issued capital of the company is adequate for the purposes of the business of the company, and of any subsidiary of the company, for at least 12 months after the date of the prospectus; or if the directors of the company are of the opinion that the issued capital of the company is inadequate for the purposes contemplated in paragraph (a), a statement by them setting out the extent of the inadequacy; and the manner in which, and the sources from which, the company and any subsidiary are financed, or are proposed to be fmanced.
the date of the prospectus.
Section 3, Paragraph 3 of every prospectus must set out a statement as to whether or not an application has been made for a listing of the securities offered and, if so, the name of the relevant exchange.
3, Paragraph 4 of every prospectus must comprise a report made by an auditor named in the prospectus on the profits or losses of the business undertaking in respect of each of the 3 financial years preceding the date of the prospectus; and the assets and liabilities of the business undertaking at the last date to which the fmancial statements of the business undertaking were made out.
This regulation applies only if the proceeds or any part of the proceeds of the issue of the securities are to be applied in any manner, whether directly or indirectly, resulting in the acquisition by the company or its subsidiary of securities of any other juristic person, with the direct or indirect result that the other juristic person will become a subsidiary of the company.
In the circumstances contemplated in sub-regulation (1), Section 3, Paragraph 5 of every prospectus must comprise a report made by an auditor named in the prospectus on the profits or losses of the other juristic person in respect of each of the 3 fmancial years preceding the date of the prospectus; and the assets and liabilities of the other juristic person at the last date to which the annual financial statements of the other juristic person were made out.
The. auditor's report required by sub-regulation (2) must indicate how the profits or losses of the other juristic person would, in respect of the shares to be acquired, have concerned shareholders of the company; and what allowance would have fallen to be made, in respect of assets and liabilities so dealt with, for holders of other shares, if the company had at all material times held the shares to be acquired.
Regulation 79 auditor's report must also deal with the profits or losses and the assets and liabilities of the other juristic person and its subsidiary, or any other juristic person as would have been its subsidiary if it had been a company, in the manner provided by regulation 79 (3) in relation to the company and its subsidiary.
profits or losses and assets and liabilities, in accordance with sub-regulations or (3), as applicable; and the rates of the dividends, if any, paid by the company in respect of each class of securities of the company in respect of each of the 3 financial years immediately preceding the issue of the prospectus, giving particulars of each dass of shares on which dividends were paid; and the cases in whiCh no dividends were paid in respect of a particular class of shares in respect of any of those years; and if no annual fmancial statements were made out by or for the company in respect of any part of the 3 years ending on a date 3 months before the issue of the prospectus, a statement of that fact.
Ifthe company has no subsidiary, the report in regard to profits or losses, must deal with the profits or losses of the company in respect of each of the 3 fmancial years immediately preceding the issue of the prospectus; and in regard to assets and liabilities, must deal with the assets and liabilities of the company at the last date to which the annual fmandal statements of the company were made out.
if a subsidiary incurred losses, must state the amounts of those losses and the manner in which provision was made for them.
intercompany profits in the group have been eliminated; or there have been any material changes in the assets and liabilities of the company or of any subsidiary since the date of the last annual financial statements.
This regulation applies only to a prospectus contemplated in regulation 56, and then only if the prospectus offers securities issued or to be issued by a mining company; or to raise capital in order to directly or indirectly acquire a mining company or its securities or business.
Regulation 80 mineral resources, or that acquires or proposes to acquire any mineral rights thereto or options thereon.
an interpretation of the information available with reference to viability of the project.
any material information not otherwise required by Part B or this Part of this Chapter relating to the mineral rights, or any other right to mine, mining title, including any Government mining lease, and immovable property available for the mine, including with respect to each mining company or asset, as applicable.
capital expenditure for each material stage of development.
Regulation 81 ._----_.
'inside infonnation' as set out in the Securities Services Act, 2004.
arises in terms of Part B and Part C of Chapter 5 of the Act, or this Chapter, applies equally to a nominee entity, asset manager or similar person who has authority, by any means, to exercise rights of disposal or rights of voting with respect to particular securities.
No compliance obligation arises from an announced intention to acquire a beneficial interest in the remaining voting securities of a regulated company, as contemplated in Section 117(1)(c)(v), until an offer is made for all of those securities.
two or more unrelated persons who individually own non-controlling beneficial interests in a regulated company and are not acting in concert.
If a person contemplated in sub-regulation (1) acquires control of a unrelated person, they become related persons.
Chapter 5.
If two previously unrelated persons become related, as contemplated in subregulation (2), and their aggregated interests in the regulated company are equal to or exceed the prescribed percentage of voting rights in the regulated company an affected transaction has occurred; and one of the related persons must make a mandatory offer, and if necessary, comparable offers, to the holders of the remaining securities of the regulated company.
any trust of which anyone or more of its directors is a beneficiary or a trustee; and any of the company's pension, provident or benefit funds and share incentive schemes with one another.
Panel as being the date of coming into concert or coming out of concert.
A presumption that two or more persons are acting in concert, coming into concert or coming out of concert in terms of section 118 (5), or this regulation, is rebuttable in a hearing before the Executive Director on application by any such person.
the Executive Director must issue a Ruling, which will be binding on all persons concerned; and if any person concerned does not comply with the Ruling, the Panel may reissue it immediately as a compliance notice.
Within five business days after coming into concert, or coming out of concert, each person involved must make a declaration, in Form TRP 84, and deliver it to the regulated company concerned, and to the Executive Director.
Any compliance obligation applicable to an offeror applies equally to any person acting in concert with the offeror.
Persons who are acting in concert are not, for that reason alone, required to make a mandatory offer, if-.
for the duration of the option if, at the date of grant of the option, the grantee was already entitled to exercise voting rights that were equal to or exceeded the prescribed percentage; or until the grantee exercises the option, or otherwise acquires securities, that results in the grantee being able to exercise voting rights equal to or exceeding the prescribed percentage, if at the date the option was granted, the grantee was not entitled to exercise voting rights that were equal to or exceeded the prescribed percentage; and the grantor was entitled to exercise voting rights that were equal to or exceeded the prescribed percentage.
Regulation 86 holders of securities of the controlled company, excluding securities held by the pyramid or intermediate pyramid.
The principles governing mandatory offers and comparable offers apply to offers required by this regulation.
The percentage to be prescribed in terms of Section 123 (5) is 35% of the issued voting securities of the company.
The acquisition of a beneficial interest as contemplated in the defmition of "affected transaction" in Section 117(1)(c)(iv) will give rise to a mandatory offer as contemplated in the defmition of "affected transaction" in Section 117(1)(c)(vi) only ifthe acquisition falls within the circumstances contemplated in Section 123 (2).
give the person voting rights in accordance with the rights of the preference shares (e.g.
unless the person, or any of the concert parties, acquires any further securities as defined in section 117(1)0).
A transaction is exempt from the obligation to make a mandatory offer following publication by a regulated company of a transaction requiring the issue of securities as consideration for an acquisition, a cash subscription or a rights offer, if the independent holders of more than 50% of the general voting rights of all issued securities of the regulated company have agreed to waive the benefit of such a mandatory offer in accordance with the principles detailed in Section 125(3)(b)(ii).
Irrespective of whether an issue of securities is made conditional upon a waiver, a waiver by the independent holders of more than 50% of the general voting rights of all issued securities of the regulated company is a nullity if any acquisitions are made by an acquirer or a subscriber or underwriter, or by any of their respective concert parties, in the period between the transaction announcement and date of the waiver.
At the date of obtaining a waiver, the acquirer, the subscriber or an underwriter concerned must declare to the Panel in writing that it has not acquired any securities in the circumstances contemplated in sub-regulation (5).
(7). A waiver requires a fair and reasonable opinion to be included in the circular in all instances other than a rights offer at a discount to the prevailing market price at the date of announcement.
In addition to any other circumstances contemplated in section 125 (2), a comparable offer must be made if a mandatory offer has been required in terms of section 123, including a mandatory offer that is required to be made as a result of a reacquisition of securities in terms of section 48 or section 114; and the offeree regulated company has more than one class of security in issue, which are required to be dealt with in terms of section 125.
Comparablt! offers are lettuired for all classes of issued security that have voting rights or could have voting rights in the future, including options.
All schemes that are cash settled and have no present or future voting rights associated with them, such as cash settled phantom schemes and cash settled share participation rights schemes, which for settlement purposes, are dependent on a future security price or value of securities (which are the subject of an offer), must be taken account of and treated on an equitable basis, relative to the classes of security that are subject to a comparable offer.
The offer consideration(s) in a comparable offer is to be determined by the offeror taking account of the class of security to which the comparable offer is to be made.
The fair and reasonable opinion given by the independent expert and the independent board opinion regarding the comparable offer must have the same opinions regarding fairness and reasonableness as the respective fair and reasonable opinions given by the independent expert and the independent board regarding the offer which gave rise to the comparable offer.
if the offer is successfully completed, the offeror would still be able to exercise less than 100% of the voting rights.
In sub-regulation (3), "partial offer percentage" means the percentage of securities of a particular class, which must be less than 100 percent of those securities, that the offeror offers to acquire on a pro rata basis from all holders of that class of securities.
If, in response to a partial offer, a holder of securities tenders a number of securities equal to or less than the partial offer percentage, the offeror must accept the tender in full; or greater than the partial offer percentage, the offeror must accept that number of securities in full equal to the partial offer percentage; and part or all of the excess tendered balance accepted on an equitable basis, provided that the aggregate of the acceptances shall not exceed the partial offer percentage.
A notice of a shareholders meeting to consider a special resolution, contemplated in section 112 (3) or 113 (5), must be published to the shareholders of the company concerned, and delivered to them in accordance with regulation 7..
A notice to creditors contemplated in section 116 (1)(a) must be published to the known creditors of the company concerned, and delivered to them in accordance with regulation 7.
A Notice of Amalgamation or Merger contemplated in section 116 (3) must be in Form CoR 89.
a scheme of arrangement, as contemplated in section 114 and 117 (l)(c)(iii), any provision of this Chapter applicable to such a scheme of arrangment applies equally to that amalgamation or merger.
In any transaction contemplated in section 117(1)(c)(i), (ii), (v) or (vi), section 125 (2), or in regulation 88, the offeree regulated company must request a ruling from the Panel whether an independent expert must be retained to report on the proposed transaction; and retain such an independent expert if the Panel so rcquires.
Section 114 (2) and (3), read with the changes required by the context, apply with respect to any transaction for which an independent expert is required in terms of this regulation.
In any circumstances in which an independent expert is required in terms of the Act or this Chapter the independent expert must be able to show that it is independent, and will reasonably be perceived to be independent, taking into account any other existing relationships and appointments; and satisfy the Panel that it is competent to act in respect of the offer, which the Panel may challenge if it is not satisfied; and despite any prior approval given by the Panel, the Panel may at any time, either itself or in response to written representations by holders of relevant securities, require the appointment by either or both of the offeror and the offeree regulated company of a further independent expert approved by the Panel.
Regulation 91 cost approach that relies on historical amounts spent on the asset or undertaking.
In respect of mineral companies, the valuation approach and methodology must comply with the SAMY AL code.
any other valuation or pncmg approaches and methodologies used in corroborating the expression of the opinion e.g.
the fee payable or paid to the independent expert for the fair and reasonable opinion and confirmation that the fee is not contingent on or related to the outcome of the offer; and a declaration of the independence and competence of the independent expert, which may require evidential justification if the Panel is not satisfied with the declaration.
The minimum percentage to be prescribed in terms of section 118 (2) is 10 %.
a buy back of securities by a company that are cancelled is not a transfer.
require that a less welcome potential offeror contemplated in sub-regulation demonstrate its good faith by requiring the less welcome potential offeror to give equivalent infonnation concerning the less welcome potential offeror to the offeree company, at the same time the infonnation is to be furnished by the offeree regulated company; and determine whether any approach is on a nominee basis for either an undisclosed ultimate offeror or an undisclosed ultimate indirect beneficial owner.
If an approach is on a nominee basis, as contemplated in sub-regulation (2)(b), the undisclosed ultimate offeror or indirect beneficial owner, as the case may be, is the less welcome potential offeror.
At any time after a firm intention announcement has been made, only previously published information that remains accurate may be provided to a person conducting a solicitation campaign by which holders of an offeree regulated company are contacted regarding an offer, or their acceptance or voting in respect of an offer.
Ifa potential offeror and a regulated company are negotiating on a consensual basis an offer in good faith must be regarded as being imminent; and section 126 applies to the regulated company from the beginning of those negotiations.
Until a firm intention announcement is published, a regulated company that is the subject of rumour, speculation or a cautionary announcement published by a potential offeror, may presume that an offer in good faith is not imminent, unless the regulated company is consensually negotiating with a potential offeror.
Chapter 5 Fundamental Transaetions and Takeover Regulations: Part B-General Rules Respecting Negotiations and Offers Regulation 95-r97 95.
All negotiations between an independent board and an offeror must be kept confidential.
Confidentiality must be observed before a cautionary announcement, or a firm intention announcement, containing "price sensitive information" is made.
An independent board should disclose as much detailed information as soon as possible concerning an offer.
An independent board must do all things necessary to satisfy itself that an offeror is able to perform in terms of an offer.
An independent board must ensure that all material changes to previously announced specific information concerning an offer is immediately announced.
Price sensitive information may be provided to select persons on a confidential basis.
If there a leak of price sensitive information, or a reasonable suspicion that such a leak has occurred, that information must immediately be disclosed in a cautionary announcement.
In order for any incorrect statement made in relation to an offer to not become enforceable or binding, the statement must immediately be repudiated by all reasonable means by the person or persons who made it.
An offer must not be subject to any condition that depends solely on subjective judgment by the directors, or equivalent, of the offeror; or if the directors, or equivalent, of the offeror are able to control whether or not the condition will be fulfilled.
exercise voting rights exceeding the prescribed percentage for the first time; or.
exercise all voting rights of a particular class of security or all voting rights of all secur:ities issued not already held, if voting rights exceeding the prescribed percentage were held before the offer; and the offer has been amended through any other conditions being varied by a regulatory authority, and that variation requires or permits the acquisition of a lesser beneficial interest than originally included in the offer.
Ifthe approval required by sub-regulation (1) is not obtained the offeror and its concert parties must, within three months, dispose of that number of relevant securities that will reduce their beneficial interest voting rights to a level less than the prescribed percentage; or the beneficial interest level that existed before the original offer was made, and during the three month period of disposal referred to in paragraph (a), the offeror and its concert parties are entitled to exercise only the voting power that does not exceed the levels contemplated in paragraph (a).
In this regulation, 'allowable dealings' does not include any dealing that is in contravention of s 127 (2) or any other provision of the Act.
on an agency basis.
must make an announcement at the same time, which announcement must set out the details disclosed in Form TRP 98 as filed.
An approach with a view to an offer being made, or an offer, must be made only to the board of the offeree regulated company.
If an offer, or an approach with a view to an offer being made, is made by a person other than the ultimate offeror or potential offeror, the person making the offer must disclose the identity of the ultimate offeror or potential offeror, when the offer is put forward to the board of the offeree regulated company.
_ provided with evidence, acceptable to the board, that the offeror is in a position to implement the offer in full.
Despite the fact that an an offeree regulated company may not be listed, "cautionary announcement" has the meaning set out in the JSE Listings Requirements, as amended from time to time, but a reference in those listing requirements to "material price sensitive information" must be regarded as referring to "price sensitive information" that would concern a possible or proposed offer that is the subject of negotiations.
The responsibility to publish a cautionary announcement rests with the offeror, or the offeree regulated company, as applicable.
A firm intention announcement is an announcement that must be made when a mandatory offer is required or when an offeror has communicated a firm intention to make an offer and is ready, able and willing to proceed with the offer.
When a firm intention announcement has been made, the offeror must proceed with the offer.
A firm intention announcement must be made immediately when the board of the offeree regulated company has received a formal written offer; or a mandatory offer is required to be made in terms of Section 122 (1), read with Section 123.
Chapter 5 Fundamental Transactions and Takeover Regulations: Part C--Announcements and Offers Regulation 101 sub-regulation (3)(a) rests with the independent board, failing which, with Panel approval, it rests with the offeror; or sub-regulation (3)(b) rests with the offeror.
that to the best of their respective knowledge and belief, the information is true; and where appropriate, that the fum announcement does not omit anything likely to affect the importance of the information.
If it is proposed that any director will be excluded from a statement required by subregulation (5), the omission, and the reasons for it, must be stated in the firm intention announcement..
in respect of which any person acting in concert with the offeror holds an option to purchase.
In this regulation, and in regulations 103 to 106, "general offer" means an offer contemplated in section 117 (l)(c)(v).
20 business days after the date of publication of a firm intention announcement; or such longer period allowed by the Executive Director, on good cause shown.
The opening date of a general offer, mandatory offer or partial offer is the day after the date of posting of the offeror's offer circular, or combined offer circular, as the case may be.
A general offer, mandatory offer or partial offer must remain open for at least 30 business days after the opening date.
an initial closing date, with a right to extend; or an objective method of determining the closing date.
Ifthe offeree regulated company is listed on an exchange, the closing date must be a Friday.
Chapter 5 Fundamental Transactions IIJld Takeover Regulations: Part C-Announcements and Offers Regulation 103 are able to accept an offer in respect of ail securities beneficially held, or acquired, up to and including the closing date of an offer.
An offer relating to a Section 117(1)(c)(i) disposal, Section 117(1)(c)(ii) amalgamation or merger or Section 117(1)(c)(iii) scheme of arrangement must state an expected effective or operative date; or an objective method of detennining the effective or operative date.
Within 20 business days after an offeror offer circular has been posted, the independent board must post the offeree response circular.
On the 45th business day after the day upon which a conditional general offer opened an announcement shall be made by no later than 16:30 as to whether the offer is unconditional as to acceptances, or has terminated.
No announcement revising an offer consideration may be posted on or after the 45th business day after an offer has opened unless the offer is unconditional as to acceptances.
The consideration must be settled within six business days after the later of the offer being declared wholly unconditional; and acceptance thereof by a holder.
An offer may not be implemented or given effect to until a request has been made to the Panel for a compliance certificate; and the Panel has issued a compliance certificate.
A general offer, mandatory offer or partial offer may be extended by an announcement made before the initial closing date and time of the offer; but only if the right to do SO has been specifically reserved in the offeror offer circular or combined circular and that right has not subsequently been withdrawn by the offeror.
If "no extension statements" in relation to an offer are included in any announcement, circular or statement by or on behalf of an offeror, its directors or equivalent, or its advisers, and not withdrawn immediately if incorrect, then the offer may not subsequently be extended.
An offeror is not entitled to extend a general offer after the 45th business day after the opening of that general offer, irrespective of whether the offer consideration is revised, or not.
the independent board has consented to an extension; or a fum intention of a competing offer has been announced.
Ifa firm intention of a competing offer has been announced, as contemplated in subregulation (4)(c), the original offeror will be entitled from time to time to extend the time periods of its offer to coincide with the time periods applicable to the competing offeror's offer.
An offer consideration may be revised only by announcing an increase in the original announced offer consideration; or an alternate consideration to the original announced offer consideration.
A revised offer consideration announcement contemplated in sub-regulation (1) must comply with the content requirements of a firm intention announcement; and be posted to the offeree regulated company's relevant holders.
If an offer consideration is revised, the offer must remain open for at least 15 business days after the date on which the revised offer consideration is announced.
If an offer consideration is revised, all holders of relevant securities who have accepted the initial offer consideration are entitled to revise their initial acceptance and elect to receive the revised offer consideration.
An independent board must announce a response to a revised offer consideration announcement within five business days, setting out in detail its opinion, and the opinion of its independent expert, concerning the revised offer consideration and any other details the board considers to be pertinent.
If"no increase statements" in relation to an offer are included in any announcement, circular or statement by or on behalf of an offeror, its directors or equivalent, or its advisers, and not withdrawn immediately if incorrect, then the offer consideration may not subsequently be increased.
"our offer consideration remains at x cents per security and it will not be raised".
When an offer becomes unconditional as to acceptances, the offeror must announce that fact within one business day, and the announcement must include the total number and percentage of securities for which acceptances have been received; and which are held by the offeror at that time.
has been declared unconditional as to acceptances; and still remains subject to other conditions.
Subject to sub-regulation (4), a holder who has withdrawn an acceptance, as contemplated in sub-regulation (2), may again accept the general offer in the manner provided in terms of that offer at any time before the closing date of the general offer, unless the general offer has been terminated.
A person may not withdraw acceptance and subsequently re-accept a particular offer more than once.
After a general offer, mandatory offer or partial offer has become unconditional in all respects the offer must be announced as being unconditional, within one business day; and the now unconditional offer must remain open for at least 10 business days after the announcement required by paragraph (a).
An offeror offer circular relating to a general offer, mandatory offer or partial offer is the responsibility of the offeror.
A combined offer circular relating to a general offer, mandatory offer or partial offer is the responsibility of both the offeror and the independent board.
responsibility of the independent board and the offeror, if the proposed affected transaction is for acquisition of 100% of the beneficial interest in, or 100% of the assets or undertaking of, the offeree company, by an offeror payable in offeror securities; or responsibility of the independent board and the offeror, if the proposed affected transaction is for acquisition of less than 100% of the beneficial interest in, or less than 100% of the assets or undertaking of, the offeree company, by an offeror payable in offeror securities.
where appropriate, that the circular does not omit anything likely to affect the importance of the information.
Ifany director or equivalent of the offeror is excluded from the statement required by sub-regulation (4)(i), the circular must note that omission and the reasons for it.
an audit reviewed pro forma balance sheet and pro forma income statement, and pro forma earnings and assets per security, as at the last financial year end, R~sumjne a 100% successful offer result.
that the report does not omit anything likely to affect the importance of such information.
If any director of the independent board is excluded from a statement required by sub-regulation (7)0), the omission and the reasons for it must be stated in the offeree response circular.
Circulars subsequently sent to holders by an offeror or offeree regulated company must contain details of any material changes to previously published information contained in an earlier circular, or a statement that there has been no material change.
the respective memorandum of incorporation of the offeree regulated company and of the offeror, if the offer consideration includes offeror securities; and the issued annual financial statements for the last three completed financial years of the offeree regulated company; and the offeror company, if the offer consideration includes offeror securities.
Any document which is required to assist shareholders to make an informed decision on the merits or demerits of an affected transaction or offer and without limiting the generality of the afore going, such documents includes property valuation reports, Competent Persons Reports compiled in accordance with SAMV AL code and Share Incentive Scheme Trust Deeds.
From the date that a firm intention announcement is published, until the offer is declared unconditional, lapses or is withdrawn, the offeror and its concert parties must not appoint any person to the board of an offeree regulated company; or exercise votes attaching to any securities held in the offeree regulated company, unless the votes are cast on a resolution dealing with a matter unrelated to the offer; or by proxy in accordance with regulation 111 (7).
The directors of an offeree regulated company must not resign from the board of the offeree regulated company from the date of the firm intention announcement until the offer is declared unconditional, lapses or is withdrawn.
In an offer, and during the entire course of the offer proceedings a director of the offeree regulated company, whether executive or nonexecutive, must fully disclose to the offeree regulated company board, any conflict of interest or potential conflict of interest, including its nature, in relation to such transaction immediately after the director becomes aware of the conflict; and the director concerned must assume a non-independent status, and inform the Board to that effect, if the director considers that the conflict or potential conflict may affect the director's independence.
If a director does not make a declaration required by sub-regulation (3)(b), and the board of the offeree regulated company considers that director to be non independent, the board must declare the director to be non-independent.
A non-independent director may not tender an opinion or vote on any matter at a meeting of the independent board; and must withdraw from any deliberations of the independent board.
Despite sub-regulation (5), the independent board may determine the extent of a nonindependent director's attendance at any of its meetings for a defmed purpose, such as furnishing factual information.
A determination of independence affects primarily offeree regulated company directors but may also be relevant to offerors.
A director who is a member of the boards of both an offeror and an offeree regulated company is presumed to be conflicted and non-independent, but this presumption is rebuttable at the instance of the independent board. If such a director is declared independent by the independent board, the director is conflicted at the offeror board/management level, and vice versa.
is presumed to be conflicted and non-independent, but the presumption is rebuttable at the instance of the independent board.
A director of an offeree regulated company is non-independent if the director holds unvested securities or options, and is offered any substitute share or option scheme, separate offer or acceleration of vesting periods that would give rise to a benefit in terms of an offer; or is partial to the outcome of an offer because of an increased or decreased future benefit or loss of office or employment.
A director of an offeree regulated company who is related or inter-related to any person who is, or would be considered, non-independent in relation to an offeree regulated company concerned, in terms of an offer, is rebuttably presumed to be non-independent.
An independent board should comprise a minimum of three independent directors, and if there are less than three independent directors, other persons must be appointed to the independent board by the existing board in accordance with the qualifications or other requirements set out in the Act.
Regulation 109-r110 109.
while respecting regulatory timetables, allow sufficient time to discharge all duties and responsibilities, and resist haste and pressured time deadlines; and become properly informed of the offeree regulated company's value per security or, where applicable, the offeror company's value per relevant security.
The independent board of an offeree regulated company that is the subject of an offer must obtain appropriate external advice from an independent expert in the form of a fair and reasonable opinion.
The independent board must take cognisance :: Jf the fair and reasonable opinion received in forming its own opinion on an offer consideration, which opinion must be communicated to the relevant offeree regulated company's security holders.
In order to enable the independent board to express an opinion on an offer and on the offer consideration, it must either perform a valuation of the offeree regulated company's securities that are the subject of an offer, including an attributable value per security if the offer is a . disposal of assets or undertaking in terms of Section 112; or place reliance upon a valuation of the offeree regulated company's securities that are the subject of an offer, including an attributable value per security if the offer is a disposal of assets or undertaking in terms' of Section 112, as performed by the appointed independent expert after performing the requisite amount of work that satisfies the independent board that it is justified in placing reliance upon that valuation.
An independent board must form a clear basis for the expression of an opinion to relevant holders dealing with value and price compared to the consideration offered.
If the consideration offered per security exceeds either the estimated fair value per security or current traded price per security, but not both, a split opinion clearly detailing the independent board's view is required, e.g. fair but not reasonable or reasonable but not fair.
The independent board must consider factors that are difficult to quantify, or are unquantifiable, and must disclose any such factors, or state that there are none of which it is aware, and take them into account in forming its opinion in respect of fairness.
An independent board must form a view of a range of fair value of the offeree regulated company securities, based upon an accepted valuation approach.
An offer with a consideration per offeree regulated company security within the fair value range is generally considered to be fair.
An offer with an offer consideration per offeree regulated company security above the offeree regulated company's traded security price at the time the offer consideration(s) per security was announced, or at some other more appropriate identifiable time, is generally considered to be reasonable.
An offer with an offer consideration comprising or including offeror company securities requires the independent board to carefully consider the price and value per security of the offeror's securities relative to the offeree regulated company securities. In such an offer, the offeror company must either appoint an independent expert to provide a fair and reasonable opmlon concerning the offeror company's relevant securities value and price to the independent board of the offeror company, the offeree regulated company's independent board and to the offeree re!:,rulated company's independent expert, in which case the independent board of the offeror company must express its opinion on the offeror company's securities value and price after considering the fair and reasonable opinion; or provide relevant information, as agreed between the parties, concerning the offeror company, directly to the independent board and to the offeree regulated company's independent expert, to enable the independent board and the offeree regulated company's independent expert to consider and opine on that information.
If the independent board is not unanimous in its opinion, aU differing opinions of members, including reasons, must be provided to holders.
HI.
Except for prohibited acquisitions in terms of Section 127(2)(b), an acquisition of securities in an offeree regulated company, that is or may be the subject of an offer, may be made before or during an offer period without Panel consent.
Regulation 111 accompanied by a cash consideration, at not less than the highest cash consideration paid per security, excluding commission, tax and duty, if securities that carry 5% or more of the voting rights currently exercisable at a class meeting of that class were acquired for cash.
If the offeror considers that the highest consideration per relevant security paid ought not to apply iIi a particular case, the offeror may consult the Panel, which in its discretion may agree to an adjusted offer consideration.
in favour of the holders of relevant securities for the sole purpose of fully satisfying the cash offer commitments.
A guarantee or conflfIDation contemplated in sub-regulation (4) must be written in a form that empowers the Panel to exercise the guarantee or conflfIDation, in whatever manner is required, on behalf of all holders of relevant securities once all conditions have been satisfied, if the offeror and its concert parties have failed to pay the cash consideration owing to holders of relevant securities entitled thereto by the due date.
If, after the flIm intention announcement and before the offer closes, an offeror or any person acting in concert with it acquires relevant securities in the offeree regulated company at above the offer consideration per relevant security, the offeror must increase the offer consideration per security to not less than the highest consideration paid for the securities so acquired; and immediately announce the revised offer consideration per relevant security and relevant dates, which announcement must be posted to the offeree regulated company's relevant securities holders.
on all matters in order to satisfy any announced conditions of the offer, if the offer is conditional; or on all matters, if the offer is unconditional.
Parties to an offer must take care not to issue statements that, while not factually inaccurate, may mislead holders of relevant securities and the market or may create uncertainty.
any such forecast must be prepared in accordance with the Forecast Guide and reported upon by an auditor, or a similar professional registered with regulatory or professional body for auditors in another jurisdiction.
has the meaning defmed in the Revised Guide on Forecasts issued by the South African Institute of Chartered Accountants ("SAlCA"), as amended from time to time ("the Forecast Guide"»; and includes trading statements, general forecasts and specific forecasts as defmed in the JSE Listings Requirements, as amended from time to time.
During an offer period, an offeree regulated company and its subsidiary companies may not acquire the offeree regulated company's own securities without the prior written approval of the Panel, and the approval of the holders of relevant securities; or in terms of a pre-existing obligation or agreement entered into before the time contemplated in section 126 (1).
In terms of section 119(6), the Panel may grant an exemption from the application of section 127(1) to the extent required to allow a re-investment alternative of the consideration offered ("re-investment consideration") only to specific directors and management of an offeree regulated company if a fair and reasonable opinion from an independent expert has been obtained stating that the re-investment consideration is fair and reasonable to the independent shareholders of the offeree regulated company; and a majority vote of independent shareholders of the offeree regulated company has been obtained in general meeting.
An independent board must establish and disclose any benefits offered to any offeree regulated company director or employee by an offeror..
The Panel must not give consent for sales by an offeror, or by persons acting in concert with the offeror, of offeree regulated company securities that are the subject of a mandatory offer during the offer period.
The Panel may give consent for sales only if an offer, other than a mandatory offer, is being made; and the sale is not considered to be price manipUlative, and is considered justified in the circumstances.
Proposed sales that have been consented to by the Panel must be made at the offer price.
that neither the offeror nor any persons acting in concert with the offeror may acquire any securities in the offeree regulated company concerned during the offer period other than as contemplated in an offer subject to Part B and Part C of Chapter 5 of the Act and this Chapter; and that an announcement or announcements will be made detailing the number and price, including a ratio arising from a securities swap, of securities sold, within 24 hours of any such sale being effected.
any person who is acting in concert with a person contemplated in paragraphs (a) or (b), must not make an offer to any holder of securities of the offeree regulated company, Or acquire any interest in any such securities, on more favourable terms than those acquired or subscribed for in terms of the transaction in question.
Africa for the purpose of obtaining or furnishing information relevant to any aspect of the duties of the Panel or of such other regulatory bodies.
A quorum for any properly convened meeting of the Panel is six members.
If a quorum is not present when a meeting of the Panel is to begin, that meeting is postponed for a period of not less than five days, as determined by the Chairperson, and at the quorum for the postponed meeting, will be three members.
The provisions of section 73 (3), read with the changes required by the context, apply with respect to meetings of the Panel, other than appeals or hearings, but a reference in that section to the board of a company must be read as referring to the Panel.
All documents relating to an Affected transaction as defmed under section 117(c) of the Act, including announcements and circulars must be approved by the Panel before being posted or published.
Any person may approach the Panel through the Executive Director in accordance with section 201.
A Ruling may be made by the Executive Director upon written application, or after a hearing.
In exercising the power to make a ruling, the Executive Director must follow the principle of audi alteram partem, unless it is fair, reasonable and justifiable to do otherwise; and respect confidentiality, except to the extent that the circumstances require otherwise.
Rulings will be given on the assumption that all information considered or provided is correct and complete.
Rulings may be formally withdrawn by the Executive Director or the Takeover Special Committee, in writing, if any information considered or provided proves to be incomplete or incorrect or if the parties by agreement applies that the ruling should be withdrawn.
the Ruling is suspended until the required notice has been published; and if the person directed to publish the notice fails to do so within the specified time, the Executiv~ Director may procure publication of the notice at the expense of that person.
5 business days after receiving that Ruling; or such longer period as may be allowed by the Committee on good cause shown.
After considering any representations by the applicant and any other relevant information, the Takeover Special Committee may confirm, modify or cancel all or part of a Ruling.
If the Takeover Special Committee confirms or modifies all or part of a Ruling, the applicant must comply with that Ruling as confirmed or modified, within the time period specified in it.
A decision by the Takeover Special Committee in terms of this regulation is binding, subject to any right of review or appeal by a court.
the Executive Director or the Takeover Special Committee, as the case may be, must follow the principle of audi alteram partem, unless it is fair, reasonable and justifiable to do otherwise; and the procedures may be conducted in as informal a manner as is consistent with the requirements of the Act and this regulation.
The proceedings of hearings may be recorded at the discretion of the Executive Director or Takeover Special Committee, as the case may be, and any such recording may be transcribed, subject to any conditions that the Executive Director or Takeover Special Committee may prescribe.
The Executive Director or chairperson of the Takeover Special Committee, as the case may be must preside and control the proceedings at hearings; and may prescribe the date and time of each hearing, and the time within which any particular action is to be taken; and must give written decsions, supported by reasons and a background summary of the matter, to the parties as soon as reasonably practicable.
If the Executive Director or the Takeover Special Committee, as the case may be, determines that a decision should be made available to the public the Executive Director or the Takeover Special Committee may require publication of a notice within a specified time, stating that the decision has been placed on the Panel website; and if the person directed to publish the notice fails to do so within the specified time the Executive Director may procure publication of the notice at the expense of that person.
Chapter 5 -Fundamental Transactions and Takeover Regulations: Part E-Takeover Panel Procedures Regulation 122 percentage threshold contemplated in section 122 (1) must give the notice required by that section in Form TRP 121.1.
Section 122 (3)(a) requires completion and delivery to the Panel of Form TRF 121.2; and section 122 (3)(b) of the Act must take the form of an announcement, as defmed in Part B and Part C of Chapter 5 of the Act and this Chapter.
examination of documents submitted for the Panel's approval; and hearings and reviews.
The fees and levies chargeable for the Panel's services are as set out in Annexure 2 Table CR2A.
If a charge is to be calculated on the basis of the value of securities to be issued as consideration, that value will be computed by reference to the ruling market price of the relevant securities on the JSE Limited on the business day immediately before the firm intention announcement of the affected transaction; or by reference to the estimate of the value of any unlisted securities consideration offered.
If the offeree regulated company is unlisted, a further fee of Rll 400 (VAT inclusive) will be payable.
If there are alternative offers, the alternative offer with the highest value will be used to calculate the value of the affected transaction.
Comparable offers require all classes of securities to be included in the calculation of the consideration value for fee purposes.
the cost of any expert engaged by the Panel; and any other necessary or desirable disbursements incurred in connection with the particular matter.
The Panel may in its discretion waive or reduce any fees or charges.
The Panel may require interest at the statutory rate to be added to an offer consideration(s) per security if the offeror has failed to open an offer or make payment in the time detailed in regulation 102.
The Panel shall not have power to order any party involved in hearings to pay the costs of any other party, other than its own costs.
See: s. 129 (3), (4)(b) and (7), and s.
A Notice of Commencement of Business Rescue Proceedings, contemplated in section 129, must be in form CoR 123.1, and filed in accordance with section 129, together with a copy of the board resolution to commence business rescue proceedings.
if it is a listed company, on any electronic system maintained by the relevant exchange for the communication and inter-change of information by and among companies listed on that exchange.
A Notice of Appointment of a Business Rescue Practitioner by the company, as contemplated in section 129 (3), must be in form CoR 123.2, and filed in accordance with section 129 (4)(a).
After filing its Notice of Appointment of a Business Rescue Practitioner, the company must publish a copy of that Notice as required in section 129 (4)(b), by either delivering a copy of the Notice to each affected person in accordance with regulation 7; or informing each affected person of the availability of a copy of the Notice, in the manner contemplated in section 6 (11)(b)(ii) and regulation 6.
A company whose board is required in terms of section 129 (7) to deliver a notice to affected persons advising that it has not resolved to commence business rescue proceedings, must either deliver a notice in Form CoR 123.
Chapter 6 -Business Rescue : Part A -Business Rescue Proceedings inform each affected person of the availability of a copy the Notice, in the manner contemplated in section 6 (ll)(b)(ii) and regulation 6.
131 (2)(b), to notify affected persons that an application has been made to a court, must deliver a copy of the court application, in accordance with regulation 7, to each affected person known to the applicant.
Notice to the court and to the company, and must either deliver a ropy of that notice to each affected person in accordance with regulation 7; or inform each affected person of the availability of a copy of that notice, in the manner contemplated in section 6 (l1)(b)(ii) and regulation 6.
A business rescue practitioner must give any notice to which a person is entitled in terms of section 144 (3), 145 (1)(a), 146 (a) or 151 (2), by l18 COMPANIES REGULATIONS.
serving any such notice to the head office of a relevant trade union, as required by section 144 (3)(a);.
providing a free copy of the plan to any affected person who requests such a copy.
A Notice of Termination of Business Rescue Proceedings, as contemplated in section 141 (2)(b)(ii), must be in Form CoR 125.2.
A Notice of Substantial Implementation of a Business Rescue Plan, as contemplated in section 152 (8), must be in Form CoR 125.3.
int is a listed company, on any electronic system maintained by the relevant exchange for the communication and inter-change of information by and among companies listed on that exchange; and either deliver a copy of the notice to each affected person in accordance with regulation 7; or inform each affected person of the availability of a copy of that notice, in the manner contemplated in section 6 (l1)(b)(ii) and regulation 6.
Accreditation of professions and 6censing of business rescue practitioners See s.
The Commission must, when considering an application for accreditation of a profession under section 138(1), have due regard to the qualifications and experience that are set as conditions for membership of any such profession, and the ability of such profession to discipline its members and the Commission may revoke any such accreditation ifit has reasonable grounds to believe that the profession is no longer able to properly monitor or discipline its members.
Sub-regulation (2) -(8) do not apply to any person who is eligible to be appointed as a business rescue practitioner in terms of section 138 (1) (a).
A person may apply to the Commission for a license to serve as a business rescue practitioner, as contemplated in section 138 (1)(b), by filing Form CoR 126.1, together with the fee set out in Table CR 1.
When considering an application in terms of sub-regulation (2), the Commission may require the applicant to provide--.
further information relevant to the application; or evidence in support of any facts set out in the application.
Subject to sub-regulation (5), the Commission may issue a business rescue practitioner's licence to an applicant if the Commission is satisfied that the applicant is of good character and integrity; and the applicant's education and experience are sufficient to equip the applicant to perform the functions of a business rescue practitioner.
The Commission must not issue a license to an applicant who is disqualified from appointment as a practitioner in terms of section 138 (l)(c) or (d).
Mter considering an application, the Commission must either issue a license as applied for in Form CoR 126.
issue a conditional license, on terms that are reasonable having regard to the applicant's education and experience; or refuse to issue the license, by notice in writing to the applicant, setting out the reasons for the refusal.
Chapter 6 -Business Rescue: Part B-Business Rescue Practitioners Regulation 127 must revoke the license of a person who, after being licensed, becomes disqualified from appointment as a practitioner in terms of section 138 (1)(c) or (d); and may suspend or revoke a license if the Commission has reasonable grounds to believe that the person is no longer qualified to be licensed, or has contravened the conditions of the license.
Tribunal may partially or entirely confirm or set aside the Commission's decision.
Restrictions on practice See s.
This regulation applies to any person who is eligible to be appointed as a business rescue practitioner in terms of section 138 (1) (a) and (b), irrespective of whether that eligibility arises in terms of a license issued by the Commission, or otherwise as contemplated in section 138 (1)(a); and is subject to any more restrictive condition imposed by the Commission in terms of regulation 126 (6)(b), in the case of a licensee contemplated in section 138 (1)(b).
"senior practitioner" means a person who is qualified to be appointed as a business rescue practioner in terms of section 138 (1) and who, immediately before being appointed as practitioner for a particular company, has actively engaged in business turnaround practice before the effective date of the Act, or as a business rescue practitioner in terms of the Act, for a combined period of at least 10 years.
has actively engaged in business turnaround practice before the effective date of the Act, or as a business rescue practitioner in terms of the Act, for a combined period of less than 5 years.
A junior practitioner may be appointed as the practitioner for any particular small company; but may not be appointed as the practitioner for any medium or large company, or for a state owned company unless as an assistant to an experienced or senior practitioner.
An experienced practitioner may be appointed as the practitioner for any particular small or medium company; but may not be appointed as the practitioner for any Large company, or for a state owned company unless as an assistant to a senior practitioner.
A senior practitioner may be appointed as the practitioner for any company.
R 1250 per hour, to a maximum of R 15625 per day, (inclusive of VAT) in the case of a small company.
R 2000 per hour, to a maximum of R 25 000 per day, (inclusive of VAT) in the case of a large company, or a state owned company.
Sub-regulation (1) does not apply to, limit or restrict any 'further remuneration' for a business rescue practitioner, as contemplated in section 143 (2) to (4).
In addition to the remuneration determined in accordance with section 143 (1) to (4), and this regulation, a practitioner is entitled to be reimbursed for the actual cost of any disbursement made by the practitioner, or expenses incurred by the practitioner to the extent reasonably necessary to carry out the practitioner's functions and facilitate the conduct of the company's business rescue proceedings.
Chapter 7 -Comphunts.
a matter that the Minister has directed the Commission to investigate, in terms of section 168 (3).
sberifr' means a person appointed in terms of section 2 of the Sheriff's Act, 1986 (Act 90 of 1986), and includes a person appointed in terms of section 5 and section 6 of that Act as an acting sheriff and a deputy sheriff, respectively.
See s. 157 (2).
A complainant may give written authorization to the Commission or the Panel to commence proceedings in the name of the complainant, as contemplated in section 157 (2), by so indicating on Form CoR 135.1 at the time of filing a complaint.
on any website that is maintained by the company and intended to be accessible by the categories of persons enumerated in section 159 (4); and if it is a listed company, on any electronic system maintained by the relevant exchange for the communication and inter-change of information by and among companies listed on that exchange.
A person may refer a matter for alternative dispute resolution to the Tribunal or to an accredited entity, as contemplated in section 166 (1) and elsewhere in the Act, by filing a completed Form CfR 132.1 with the Tribunal or the accredited entity.
The Commission or the Panel may refer a complaint to be resolved by alternative dispute resolution, as contemplated in section 169 (1)(b), by delivering a copy of Form CTR 132.2, to the complainant, the respondent and the Tribunal or accredited dispute resolution entity.
A Certificate of Failed Dispute Resolution, as contemplated in section 166 (2), must be in Form CTR 132.
A certificate accrediting an entity as an alternative dispute resolution provider must be in Form CoR 134.
Chapter 7 -Complaints.
See s. 156 (d). 157. 168 and 169 (1).
A complaint filed with the Commission or the Panel must be in Form CoR 135.1.
At any time before the Commission or Panel has concluded its consideration of a complaint, the complainant may withdraw the complaint.
The Commission or the Panel may continue to investigate a complaint after it has been withdrawn, as if the Commission or Panel had initiated it as contemplated in section 168 (2).
A notice of non-investigation of a complaint by the Commission or the Panel, as contemplated in section 169 (l)(a), must be in Form CoR 135.2.
At any time after a complaint has been initiated by the Commission or the Panel, or submitted by another person, the Commission or Panel, as the case may be, may publish a notice disclosing an alleged contravention of the Act and inviting any person who believes that the alleged contravention has affected or is affecting a material interest of that person to file a further complaint in respect of that matter.
The Commission or the Panel may consolidate two or more complaints under a common investigation if they concern the same person as potential respondent, and substantially the same conduct by that person.
each person who submitted one of those complaints remains the complainant with respect to the complaint that they submitted; and after referring one of those consolidated complaints to the Tribunal, or issuing a notice of non-referral in respect of it, the Commission or the Panel may continue to investigate any of the remaining consolidated complaints.
A notice to investigate issued by the Commission or the Panel in terms of section 169 (l)(c) must be in Form CoR 137.
If a person to whom a summons has ben issued is required to produce in evidence any document or thing in the witness's possession, the summons must specify the document or thing to be produced.
After the summons has been issued, it must be served by the sheriff in any manner authorised by the High Court Rules.
Commission must hand it over to the recording officer as soon as possible after service of the summons, unless the person claims that the document or thing is privileged.
At any time during an investigation, the Commission or the Panel, as the case may be, may informally request additional information from a party; or require a party to provide additional information, at any time, by delivering to the party a demand in Form 137.3, setting out the specific information that is required.
Information in Form 137.4 to the person who filed that document.
Within 5 business days after being served with a Demand for Corrected Information, the person concerned may apply to the Tribunal for an order confirming or setting aside the Demand.
If a person does not apply to the Tribunal within the time allowed by sub-regulation or, if the Tribunal, on hearing the appeal, partially or entirely confirms the. Demand, the person concerned must file corrected information.
Demand entirely, the Demand is a nullity.
Chapter 7 Complaints, ApplicatiollS and Tribunal Hearings: Part D-Commission or Panel Complaint and Investigation Procedures Regulation 139 invite the complainant to inform the Commission in writing within 10 business days after receiving that notice whether the complainant is prepared to accept damages or an alternative remedy under such an order; and if so, the amount of damages claimed or particulars of the alternative remedy.
signed by the Commission and the respondent indicating their consent to the draft order; and a Consent to Order in Form CoR 138, completed by the complainant, if applicable; and serve a copy of the referral and draft order on the respondent and the complainant.
The Commission must not include an order of damages in a draft consent order· unless the complainant expressly consented that order for damages in Form CoR 138.
A draft consent order may be submitted to the Court in terms of section 173 and this Rule notwithstanding the refusal by a complainant to consent to including an award of damages in that draft order.
A Compliance Notice issued by the Commission, or by the Executive Director of the Panel, as contemplated in section 171, must be in Form CoR 139.1.
A Compliance Certificate issued by the Commission, or by the Executive Director of the Panel, as contemplated in section 171, must be in Form CoR 139.2.
Chapter 7 -Complaints, AppiicatiollS and Tribu!1JIJ Hearings: Part D--Commission or Panel Complaint and Investigation Procedures Regulation 140 140.
140.1 and delivered to the complainant, the respondent, and the other relevant regulatory agency.
A Notice of Non-referral issued by the Commission or the Panel, as contemplated in section 170 (1)(c), must be in Form CoR 140.2.
A Complaint Referral to the Tribunal must be in Form CTR 140, and may allege alternative contraventions of the Act based on the same facts; and must be supported by an affidavit setting out in numbered paragraphs a concise statement of the particulars of the complaint; and the points of law, or material facts relevant to the complaint; and must be served on each person named as a respondent.
A complaint proceeding to be adjudicated by the Tribunal may be initiated only by filing a Complaint Referral as contemplated in section 170 (1)(b), and in accordance with regulation 140.
A person may apply to the Tribunal for an order in respect of any matter contemplated by the Act, or these regulations, by completing and filing with the Tribunal's recording officer an Application in Form CfR 142; and a supporting affidavit setting out the facts on which the application is based.
The applicant must serve a copy of the application and affidavit on each respondent named in the application, within 5 business days after filing it.
set out the regulation in respect of which the applicant seeks condonation; or indicate the order sought; and state the name and address of each person in respect of whom an order is sought.
Within 20 business days after being served with a Complaint Referral, or an application, that has been filed with the Tribunal, a respondent who wishes to oppose the complaint or application must serve a copy of an Answer on the initiating party; and file the Answer with proof of service.
An Answer that raises only a point of law must set out the question of law to be resolved.
the material facts or points of law on which the respondent relies; and an admission or denial of each ground, and of each material fact relevant to each ground, set out in the complaint or application.
An allegation of fact set out in an initiating document that is not specifically denied or admitted in an Answer must be regarded as having been admitted.
In an Answer, the respondent must qualify or explain a denial of an allegation, to the extent necessary in the circumstances.
Within 15 business days after being served with an Answer that raises issues not addressed in the initiating doucment, other than a point of law alone, the initiating party may serve a Reply on the other parties; and file a copy of the Reply and proof of service.
A Reply must be in affidavit form, setting out in numbered paragraphs an admission or denial of each new ground or material fact raised in the Answer; and the position of the replying party on any point of law raised in the Answer.
If the initiating party does not file a Reply, they will be deemed to have denied each new issue raised in the Answer, and each allegation of fact relevant to each of those issues.
The initiating party may apply to the Tribunal by Notice of Motion at any time before the end of the hearing of the matter for an order authorising them to amend their initiating document as filed.
If the Tribunal allows an amendment, it must allow any other party affected by the amendment to file additional documents consequential to those amendments within a time period allowed by the Tribunal.
A Notice of Motion to be made before the Tribunal, for any purpose in terms of the Act and these regulations, must be in Form CfR 145.
Chapter 7 -Complaints, Applications and Tribuna! Hearings: Part ~Initiating Tribuna! Procedures Regulation 146-r148 146.
Subject to any order made by the Tribunal, the filing of documents is complete when a initiating document or Answer has not been responded to within the time allowed.
A party to any matter may apply to the Tribunal to condone late filing of a document, or to request an extension or reduction of the time for filing a document, by filing a request in form CfR 147.
Upon receiving a request in terms of sub-regulation (1), the recording officer, after consulting the parties to the matter, must set the matter down for hearing at the earliest convenient date.
At any time before the Tribunal has determined a matter, the initiating party may withdraw all or part of the matter by serving a Notice of Withdrawal in form erR 148 on each party; and filing the Notice of Withdrawal with proof of service.
If the parties agree to postpone a hearing; the initiating party must notify the recording officer as soon as possible.
Subject to any provision of the Act to the contrary a Notice of Withdrawal may include a consent to pay costs; and if no consent to pay costs is contained in a Notice of Withdrawal the other party may apply to the Tribunal by Notice of Motion for an appropriate order for costs.
Chapter 7· Complaints, Applications and Tribunal Hearings: Part F -Conduct ofTribunal Procudings Regulation 149 149.
Tribunal at a pre-hearing conference to be practical to resolve that question before proceeding with the Conference, the member may direct the recording officer to set only that question down for hearing by the Tribunal; and may adjourn the pre-hearing conference pending the resolution of that question by the Tribunal.
The assigned member of the Tribunal may adjourn a pre-hearing conference from time to time.
Pre-hearing conferences may be conducted in person or by telephone or both, need not follow formal rules of procedure, and are not open to the public.
a date, time and schedule for the hearing; or any other matters that may aid in resolving the matter.
At a pre-hearing conference, the assigned member of the Tribunal may require each participant to submit at a date to be determined, but before the hearing, a written statement summarising its argument, if any, with respect to the complaint, and identifying what it believes are the major unresolved issues.
After concluding a pre-hearing conference, the assigned member of the Tribunal must issue an order recording any agreements or rulings arising from matters considered at the pre-hearing conference.
A member of the Tribunal assigned by the Chairperson may schedule a further prehearing conference on their own motion, and the provisions of this regulation apply to such a conference.
At any time before the Tribunal makes a final order in a matter, the Tribunal, on its own initiative or at the request of the participants, may order an adjournment of the proceedings to allow the participants to attempt to reach agreement on any outstanding issue.
If a matter has been postponed to a date to be determined in the future, any party to the matter may apply to the recording officer for it to be re-enrolled, but no preference may be given to that matter on the roll, unless the Chairperson decides otherwise.
The recording officer must allocate a time, date and place for the hearing and send a Notice of Hearing in form CTR 151 to each party.
If a matter is postponed to a specific date, the recording officer need not send a Notice of Set Down to the parties.
Regulation 152-r 155 152.
The Tribunal member presiding at a hearing may strike a matter off the Roll if the initiating party is not present.
Ifa matter is struck off the roll, the matter may not be re-enrolled unless the party concerned files an affidavit setting out a satisfactory explanation for the failure to attend the hearing; and a member of the Tribunal assigned by the Chairperson, on considering the explanation offered, orders the matter to be re-enrolled.
If a person served with an initiating document has not filed a response within the prescribed period, the initiating party may apply to have the order, as applied for, issued against that person by the Tribunal.
On an application in terms of sub-regulation (1), the Tribunal may make an appropriate order after it has heard any required evidence concerning the motion; and if it is satisfied that the notice or application was adequately served.
Upon an order being made in terms of sub-regulation (2), the recording officer must serve the order on the person described in subsection (1) and on every other party.
If, in the course of proceedings, a person is uncertain as to the practice and procedure to be followed, the member of the Tribunal presiding over a matter may give directions on how to proceed; and for that purpose, if a question arises as to the practice or procedure to be followed in cases not provided for by these regulations, the member may have regard to the High Court Rules.
Subject to these regulations, the member of the Tribunal presiding over a matter may determine the time and place for the hearing before the Tribunal..
The Tribunal may condone any technical irregularities arising in any of its proceedings.
the transcript, if any, of the oral evidence given at the hearing; and the fmal decision of the Tribunal and the reasons.
Upon making an order, the Tribunal may make an order for costs.
The fees of one representative may be allowed between party and party, unless the Tribunal authorises the feeS of additional representatives.
The fees of any additional representative authorised in terms of sub-regulation must not exceed one half of those of the ftrst representative, unless the Tribunal directs otherwise.
The costs between party and party allowed in terms of an order of the Tribunal, or any agreement between the parties, must be calculated and taxed by the taxing master at the tariff determined by the order or agreement, but if no tariff has been determined, the tariff applicable in the High Court will apply.
Qualifying fees for expert witnesses may not be recovered as costs between party and party unless otherwise directed by the Tribunal during the proceedings.
The recording officer may perform the functions and duties of a taxing master or appoint any person as taxing master who in the recording officer's opinion. is ftt to perform the functions and duties signed to or imposed on a taxing master by these regulations.
The taxing master is empowered to tax any bill of costs for services actually rendered in connection with proceedings in the court.
At the taxation of any bill of costs, the taxing master may call for any book, document, paper or account that in the taxing master's opinion is necessary to determine properly any matter arising from the taxation.
The taxing master must not proceed to the taxation of any bill of costs unless the taxing master has been satisfted by the party requesting the taxation (if that party is not the party liable to pay the bill) that the party liable to pay the bill has received due notice as to the time and place of the taxation and of that party's entitlement to be present at the taxation.
Regulation 157-r158 who failed to appear at the hearing either in person or through a representative; or who consented in writing to the taxation taking place in that party's absence.
Any decision by a taxing master is subject to the review of the High Court on application.
the postal address and place of employment or business; and if a fax number, telephone number or email address are available, those details.
A person who terminates their representative's authority to act in any proceedings, and then acts in person or appoints another representative, must notify the recording officer and every other party of that termination, and of the appointment of another representative, if any, and include that representative's particulars, as set out in subrule (1).
On receipt of a notice in terms of sub-regulation (1) or (2), the address of the representative or the party, as the case may be, will become the address of record for notices to and for service on that party of all documents in the proceedings.
Despite sub-regulation (3), a person who, before receiving a notice in terms of subregulation (1) or (2), has sent a notice to, or effected service on, a party somewhere other than at the address of record will be deemed to have validly served that item, unless the Tribunal orders otherwise.
A representative in any proceedings who ceases to act for a party must deliver a notice to that effect to that party and every other party concerned.
A notice delivered in terms of sub-regulation (5) must state the names and addresses of each party who is being notified.
After receiving a notice referred to in sub-regulation (5), the address of the party formerly represented becomes the address for notices to, and for service on, that party of all documents in the proceedings, unless a new address is furnished for that purpose.
Regulation 159 parties in the same proceedings, if their respective rights to relief depend on the determination of substantially the same question of law or facts.
Ifa party to any proceedings has been incorrectly or defectively cited, the Tribunal or the assigned member, as the case may be, on application and on notice to the party concerned, may correct the error or defect and may make an order as to costs.
If in any proceedings it becomes necessary to substitute a person for an existing party, any party to those proceedings, on application and on notice to every other party, may apply to the Tribunal or the assigned member, as the case may be, for an order substituting that party for an existing party, and the Tribunal or the assigned member, as the case may be, may make an order, including an order as to costs, or give directions as to the further procedure in the proceedings.
An application to join any person as a party to proceedings, or to be substituted for an existing party, must be accompanied by copies of all documents previously delivered, unless the person concerned or that person's representative is already in possession of those documents.
No joinder or substitution in terms of this rule will affect any prior steps taken in the proceedings.
At any time after an initiating document is filed with the Tribunal, any person who has a material interest in the relevant matter may apply to intervene in the Tribunal proceedings by filing a Notice of Motion, which must include a concise statement of the nature of the person's interest in the proceedings, and the matters in respect of which the person will make representations; and be served on every other participant in the proceedings.
necessary to ensure that the proceedings will be orderly and expeditious; or on the matters with respect to which the person may participate, or the form of their participation; or deny the application, if the member concludes that the interests of the person are not within the scope of the Act, or are already represented by another participant in the proceeding.
Upon making an order in terms of sub-regulation (2), the assigned member may make an appropriate order as to costs.
Regulation 160-r162 the recording officer must send to the intervenor a list of all documents filed in the proceedings before the day on which the request for leave to intervene was granted; and access by an intervenor to a document filed or received in evidence is subject to any outstanding order of the Tribunal restricting access to the document.
If the Tribunal requires a witrless to attend any proceedings to give evidence it may have a summons issued by the recording officer in fonn CTR 160 for that purpose.
Ifa witness is required to produce in evidence any document or thing in the witness's possession, the summons must specify the document or thing to be produced.
(3). After the summons has been issued, it must be served by the sheriff in. any manner authorised by the High Court Rules.
A witrless who has been required to produce any document or thing at the proceedings must hand it over to the recording officer as soon as possible after service of the summons, unless the witrless claims that the document or thing is privileged.
A witness in any proceedings before the Tribunal is entitled to be paid in accordance with the tariff of allowances prescribed by the Minister of Justice and published by notice in the Gazette in terms of section 42 of the Supreme Court Act, 1959 (Act 59 of 1959).
Despite sub-regulation (1), the Tribunal may order that no allowance or only a portion of the prescribed allowances be paid to any witrless.
'" (full name) swear/ affirm that whenever I am called on to interpret in any proceedings before the Tribunal, I will correctly interpret to the best of my ability from the language I am called on to interpret into one or other of the official languages, and vice versa.".
changes required by context and a printed copy of the oath or affirmation must be signed by the interpreter. Any person admitted and enrolled as a sworn translator of any division of the High Court is deemed to be a sworn translator for the Tribunal.
The maximum administrative flne, as contemplated in section 175 (5), is R 1 million.
SA GAAP, as defmed in regulation 26 (1)(f), in the case of a company in respect of which no fmancial reporting standards have been prescribed.
At any particular time, the asset value of a company, other than a holding company, is equal to the gross value of the company's assets as shown on the company's balance sheet in its most recent annual financial statements; or a holding company is equal to the gross value of the consolidated assets of the company and its subsidiaries, as shown on the company's balance sheet in its most recent annual fmancial statements, adjusted in either case in accordance with sub-regulation (3).
the use by other persons of the company's assets yielding interest, royalties, or dividends, adjusted in accordance with sub-regulations (5) and (6), in either case.
taxes, rebates, or similar amounts calculated and paid or to be paid in direct relation to revenue as, for example, sales tax, VAT, excise duties or sales rebates, may be deducted from gross revenue; and gains arising from non-current assets or from foreign curency transactions may be excluded from gross revenue.
<fn>GOV-ZA.2008073101En.2012-02-10.en.txt</fn>
The switch auctions will be conducted once a month for August, September, October and November. The dates and the destination bonds will be announced 7 days before the auction is conducted.
The switch auction for August will be conducted on 07 August 2008.
The switch auction will be conducted on a multiple yield (American style).
Results : 11h30 15. An indicative yield for the source bond will be published at 09h30 on the day of the auction on Reuters, Bloomberg and the SARB's website.
<fn>GOV-ZA.2008073102En.2012-02-10.en.txt</fn>
National Treasury wishes to reject claims that the banks and other trade associations boycotted and walked out of negotiations pertaining to the ownership target of the financial sector charter. These claims are untrue and a misrepresentation of facts.
The trade associations simply requested time to consult with their constituencies on the revised draft sector code. The trade associations also expressed concern at the slow progress in the resolution of the ownership matter but certainly did not walk out of the meeting.
National Treasury also wishes to categorically reject as baseless and unfounded the claims that we support a lower ownership target and that we act as shop stewards of the banks.
As National Treasury, we remain committed to the discussions with the leadership of the community and labour constituencies in resolving the matter.
For media queries please contact Thoraya Pandy on 082 416 8416.
<fn>GOV-ZA.2008075childjusticeEn.2012-02-10.en.txt</fn>
To establish a criminal justice system for children, who are in conflict with the law and are accused of committing offences, in accordance with the values underpinning the Constitution and the international obligations of the Republic; to provide for the minimum age of criminal capacity of children; to provide a mechanism for dealing with children who lack criminal capacity outside the criminal justice system; to make special provision for securing attendance at court and the release or detention and placement of children; to make provision for the assessment of children; to provide for the holding of a preliminary inquiry and to incorporate, as a central feature, the possibility of diverting matters away from the formal criminal justice system, in appropriate circumstances; to make provision for child justice courts to hear all trials of children whose matters are not diverted; to extend the sentencing options available in respect of children who have been convicted; to entrench the notion of restorative justice in the criminal justice system in respect of children who are in conflict with the law; and to provide for matters incidental thereto.
'victim-offender mediation' means a procedure referred to in section 62.
prevent children from being exposed to the adverse effects of the formal criminal justice system by using, where appropriate, processes, procedures, mechanisms, services or options more suitable to the needs of children and in accordance with the Constitution, including the use of diversion; and promote co-operation between government departments, and between government departments and the non-governmental sector and civil society, to ensure an integrated and holistic approach in the implementation of this Act.
All consequences arising from the commission of an offence by a child should be proportionate to the circumstances of the child, the nature of the offence and the interests of society.
A child must not be treated more severely than an adult would have been treated in the same circumstances.
Every child should, as far as possible, be given an opportunity to participate in any proceedings, particularly the informal and inquisitorial proceedings in terms of this Act, where decisions affecting him or her might be taken.
Every child should be addressed in a manner appropriate to his or her age and intellectual development and should be spoken to and be allowed to speak in his or her language of choice, through an interpreter, if necessary.
Every child should be treated in a manner which takes into account his or her cultural values and beliefs.
All procedures in terms of this Act should be conducted and completed without unreasonable delay.
Parents, appropriate adults and guardians should be able to assist children in proceedings in terms of this Act and, wherever possible, participate in decisions affecting them.
A child lacking in family support or educational or employment opportunities must have equal access to available services and every effort should be made to ensure that children receive similar treatment when having committed similar offences.
The rights and obligations of children contained in international and regional instruments, with particular reference to the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child.
arrested in terms of section 20, for that offence.
(aa) , in the case of a person who is alleged to have committed an offence when he or she was under the age of 18 years; and is 18 years or older but under the age of 21 years, at the time referred to in subsection (1) (b) , direct that the matter be dealt with in terms of section 5 (2) to (4).
The Criminal Procedure Act applies with the necessary changes as may be required by the context to any person referred to in this section, except in so far as this Act provides for amended, additional or different provisions or procedures in respect of that person.
For purposes of paragraph (a) , Schedule 5 to this Act, which is not part of this Act and does not have the force of law, contains an exposition of the interface between the Criminal Procedure Act and this Act.
Every child who is alleged to have committed an offence and is under the age of 10 years, must be referred to a probation officer to be dealt with in terms of section 9.
Every child who is 10 years or older, who is alleged to have committed an offence and who is required to appear at a preliminary inquiry in respect of that offence must, before his or her first appearance at the preliminary inquiry, be assessed by a probation officer, unless assessment is dispensed with in terms of section 41 (3) or 47 (5).
A matter in respect of a child referred to in subsection (2) may be considered for diversion by a prosecutor in accordance with Chapter 6; or at a preliminary inquiry in accordance with Chapter 7.
A matter which is for any reason not diverted in terms of paragraph (a) must, unless the matter has been withdrawn or referred to a children's court, be referred to a child justice court for plea and trial in terms of Chapter 9.
A matter in respect of a child referred to in paragraph (b) may, before the conclusion of the case for the prosecution, be considered for diversion by a child justice court in terms of Chapter 9.
has been withdrawn.
offences contained in Schedule 2; and offences contained in Schedule 3.
In the case of a child being charged with more than one offence which are dealt with in the same criminal proceedings, the most serious offence must guide the manner in which the child must be dealt with in terms of this Act.
In the case of a child being charged with more than one offence which are dealt with in separate criminal proceedings, subsection (2) does not apply.
A child who commits an offence while under the age of 10 years does not have criminal capacity and cannot be prosecuted for that offence, but must be dealt with in terms of section 9.
A child who is 10 years or older but under the age of 14 years and who commits an offence is presumed to lack criminal capacity, unless the State proves that he or she has criminal capacity in accordance with section 11.
The common law pertaining to the criminal capacity of children under the age of 14 years is hereby amended to the extent set out in this section.
In order to determine whether or not the minimum age of criminal capacity as set out in section 7 (1) should be raised, the Cabinet member responsible for the administration of justice must, not later than five years after the commencement of this section, submit a report to Parliament, as provided for in section 96 (4) and (5).
if no parent, appropriate adult or a guardian is available or if it is not in the best interests of the child to be handed over to the parent, an appropriate adult or a guardian, to a suitable child and youth care centre, and must notify a probation officer.
A probation officer who receives notification from a police official in terms of subsection (1), must assess the child in terms of the provisions of Chapter 5 which are applicable to children under the age of 10 years as soon as possible but not later than seven days after being notified.
arrange a meeting, which must be attended by the child, his or her parent or an appropriate adult or a guardian, and which may be attended by any other person likely to provide information for the purposes of the meeting referred to in subsection (4); or decide to take no action.
Any action taken under paragraph (a) does not imply that the child is criminally liable for the incident that led to the assessment.
assist the probation officer to establish more fully the circumstances surrounding the allegations against a child; and formulate a written plan appropriate to the child and relevant to the circumstances.
specify the persons or organisations to provide the services and assistance, as prescribed; and state the responsibilities of the child and of the parent, appropriate adult or a guardian.
The probation officer must record, with reasons, the outcome of the assessment and the decision made in terms of subsection (3) in the prescribed manner.
In the event of a child failing to comply with any obligation imposed in terms of this section, including compliance with the written plan referred to in subsection (4) (b) , the probation officer must refer the matter to a children's court to be dealt with in terms of Chapter 9 of the Children's Act.
the appropriateness of diversion; and any other relevant factor.
divert the matter in terms of Chapter 6 if the child is alleged to have committed an offence referred to in Schedule 1; or refer the matter to a preliminary inquiry as provided for in Chapter 7; or not likely to be proved in terms of section 11, he or she may cause the child to be taken to a probation officer to be dealt with in terms of section 9.
The State must prove beyond reasonable doubt the capacity of a child who is 10 years or older but under the age of 14 years to appreciate the difference between right and wrong at the time of the commission of an alleged offence and to act in accordance with that appreciation.
the inquiry magistrate, for purposes of diversion; or if the matter has not been diverted, the child justice court, for purposes of plea and trial, must consider the assessment report of the probation officer referred to in section 40 and all evidence placed before the inquiry magistrate or child justice court prior to diversion or conviction, as the case may be, which evidence may include a report of an evaluation referred to in subsection (3).
An inquiry magistrate or child justice court may, on own accord, or on the request of the prosecutor or the child's legal representative, order an evaluation of the criminal capacity of the child referred to in subsection (1), in the prescribed manner, by a suitably qualified person, which must include an assessment of the cognitive, moral, emotional, psychological and social development of the child.
If an order has been made by the inquiry magistrate or child justice court in terms of subsection (3), the person identified to conduct an evaluation of the child must furnish the inquiry magistrate or child justice court with a written report of the evaluation within 30 days of the date of the order.
Where an inquiry magistrate or child justice court has found that a child's criminal capacity has not been proved beyond a reasonable doubt, the inquiry magistrate or child justice court may, if it is in the interests of the child, cause the child to be taken to a probation officer for any further action in terms of section 9.
arrest in terms of Chapter 3; or release or detention in terms of Chapter 4, and, in particular, section 27 relating to placement options before a child's first appearance at a preliminary inquiry, until a probation officer or medical practitioner has expressed an opinion on the age of the person or until the determination of that person's age at the preliminary inquiry or child justice court, after which the police official must treat the person in accordance with the opinion or determination.
If, during an assessment of a child in terms of Chapter 5, the age of the child, at the time of the commission of the alleged offence, is uncertain, the probation officer must make an estimation of the child's age and must complete the prescribed form.
a school registration form, school report, other document of a similar nature, a baptismal or other similar religious certificate; or an estimation of age by a medical practitioner.
The probation officer must submit the estimation on the prescribed form, together with any relevant documentation to the inquiry magistrate before the child's appearance at a preliminary inquiry.
Should evidence to the contrary emerge at any stage before sentence, the estimation of age by a probation officer in terms of this section may be altered and a different estimation of age may be recorded.
If, during a preliminary inquiry or during proceedings before a child justice court, the age of a child at the time of the commission of the alleged offence is uncertain, the presiding officer must determine the age of the child.
subpoena any person to produce the documentation, information or statements referred to in paragraph (b) ; or if necessary, refer the child to a medical practitioner, in the prescribed manner, for an estimation of age.
The presiding officer must enter the age determined in terms of subsection (1) into the record of the proceedings as the age of the child.
Should evidence to the contrary emerge, the presiding officer must alter the record to reflect the correct age.
determine the age of that person in accordance with section 14; and where necessary, alter the record to reflect the correct age of that person, in accordance with the provisions of section 16, which apply with the changes required by the context.
this Act, if the person is found to be a child; or the Criminal Procedure Act, if the person is found to be an adult, unless the provisions of section 4 (2) are applicable.
If a presiding officer is of the opinion that an error regarding age may have caused any prejudice to a person during the proceedings in question, the presiding officer must transmit the record of the proceedings to the registrar of the High Court having jurisdiction, in the same manner as provided for in section 303 of the Criminal Procedure Act, in which event the proceedings must be dealt with in terms of the procedure on review as provided for in section 304 of the Criminal Procedure Act.
Subject to subsection (1), if a presiding officer is of the opinion that an error regarding age has not caused any prejudice to the person, the presiding officer must continue with the proceedings in terms of the provisions of this Act, in accordance with his or her age, as altered.
a summons, as provided for in section 19; or arrest, as provided for in section 20.
Director of Public Prosecutions or a prosecutor on whether or not the child is required to attend a preliminary inquiry and, if so, the manner in which the child's attendance should be secured.
A police official may, in respect of a child who is alleged to have committed an offence referred to in Schedule 1, hand to the child a written notice provided for in section 56 of the Criminal Procedure Act, but as amended by this section in respect of children, requiring the child to appear at a preliminary inquiry.
The provisions of section 56 (1) (c) of the Criminal Procedure Act relating to an admission of guilt and payment of a fine do not apply to a written notice in terms of this Act.
A written notice must specify the date, time and place of the preliminary inquiry and be handed to the child in the presence of his or her parent, appropriate adult or guardian, in which case both the child and parent, appropriate adult or guardian must acknowledge receipt by way of a signature or mark.
In exceptional circumstances, where it is not possible to hand a written notice to the child in the presence of his or her parent, an appropriate adult or guardian, the written notice must be handed to the child and a copy must, as soon as circumstances permit, be handed to the parent, appropriate adult or guardian, and both the child and parent, appropriate adult or guardian must acknowledge receipt by way of a signature or mark.
warn the child to appear at the preliminary inquiry on the date, and at the time and place specified in the written notice and to remain in attendance; and warn the parent, appropriate adult or guardian to bring or cause the child to be brought to the preliminary inquiry on the date and at the time and place specified in the written notice and to remain in attendance; and immediately but not later than 24 hours after handing the written notice to the child, notify the probation officer concerned.
A summons issued in respect of a child in terms of section 54 of the Criminal Procedure Act who is to appear at a preliminary inquiry, must specify the date, time and place of the preliminary inquiry.
A summons must be served on a child in the presence of his or her parent, an appropriate adult or a guardian, in which case both the child and parent, appropriate adult or guardian must acknowledge service by way of a signature or mark.
In exceptional circumstances, where it is not possible to serve a summons on a child in the presence of his or her parent, an appropriate adult or a guardian, the summons must be served on the child and a copy of the summons must, as soon as circumstances permit, be served on the parent, appropriate adult or guardian, and both the child and parent, appropriate adult or guardian must acknowledge service by way of a signature or mark.
immediately but not later than 24 hours after the service of the summons notify the probation officer concerned.
where the offence is in the process of being committed; or where the offence is committed in circumstances as set out in national instructions referred to in section 97 (5) (a) (ii).
A warrant of arrest issued under section 43 of the Criminal Procedure Act in respect of a child must direct that the child be brought to appear at a preliminary inquiry.
explain to the child the immediate procedures to be followed in terms of this Act; and notify the child's parent, an appropriate adult or guardian of the arrest: Provided that if a police official is unable to notify the child's parent, an appropriate adult or guardian of the arrest, the police official must submit a written report to the presiding officer at the preliminary inquiry.
A police official, where possible the police official who arrested the child, must immediately, but not later than 24 hours after the arrest, inform the probation officer in whose area of jurisdiction the child was arrested of the arrest in the prescribed manner.
If a police official is unable to inform a probation officer of the arrest, the police official must submit a written report to the inquiry magistrate at the preliminary inquiry, furnishing reasons for non-compliance, as prescribed.
arrest outside of the area of jurisdiction of the court, apply in respect of the expiry of the period of 48 hours.
When considering the release or detention of a child who has been arrested, preference must be given to releasing the child, as set out in subsections (2) and (3).
Prior to the child's first appearance at a preliminary inquiry a police official must, in respect of an offence referred to in Schedule 1, where appropriate, release a child on written notice into the care of a parent, an appropriate adult or guardian in terms of section 18, read with section 22; or a prosecutor may, in respect of an offence referred to in Schedule 1 or 2, authorise the release of a child on bail in terms of section 25, read with section 59A of the Criminal Procedure Act, in which case the reference to Schedule 7 in section 59A of that Act is to be regarded as a reference to Schedule 2 of this Act.
release the child on bail in terms of section 25.
A police official must release a child on written notice in terms of section 18 into the care of a parent, an appropriate adult or guardian if the child is in detention in police custody in respect of an offence referred to in Schedule 1, as soon as possible and before the child appears at the preliminary inquiry, unless the child's parent or an appropriate adult or guardian cannot be located or is not available and all reasonable efforts have been made to locate the parent or appropriate adult or guardian; or there is a substantial risk that the child may be a danger to any other person or to himself or herself.
Where a child has not been released in terms of subsection (1), the investigating police official must provide the inquiry magistrate with a written report in the prescribed manner, giving reasons why the child could not be released, with particular reference to the factors referred to in subsection (1) (a) or (b).
A police official who releases a child from detention in terms of section 22 and places the child in the care of a parent or an appropriate adult or guardian, must, at the time of the release of the child, hand to the child and to the person into whose care the child is released, a written notice in accordance with section 18.
at a preliminary inquiry and the inquiry is to be postponed, or the matter, at the conclusion of the preliminary inquiry, is set down for trial in a child justice court; or at a child justice court and the matter is to be postponed, the presiding officer must, subject to subsection (2) (b) , consider the release of the child in terms of this section.
into the care of a parent, an appropriate adult or guardian; or if the child is alleged to have committed an offence referred to in Schedule 1 or 2, on the child's own recognisance, if it is in the interests of justice to release the child.
the interests and safety of the community in which the child resides; and the seriousness of the offence.
If a child is released into the care of a parent, appropriate adult or guardian, the presiding officer must direct the parent, appropriate adult or guardian to appear and warn the parent, appropriate adult or guardian to ensure that the child appears on a specified date and at a specified time and place and, if a condition has been imposed in terms of this section, to ensure that the child complies with that condition.
If a child is released on his or her own recognisance, the presiding officer must warn the child to appear on a specified date and at a specified time and place and, if a condition has been imposed in terms of this section, to comply with that condition.
If a child fails to appear on the date and at the time and place referred to in subsection (4) or (6) or comply with any condition referred to in this section, the presiding officer may, on being notified of the failure, in the prescribed manner, issue a warrant for the arrest of the child or cause a summons to be issued in accordance with section 19, for the child to appear at the preliminary inquiry or child justice court.
When a child appears before a presiding officer pursuant to a warrant of arrest or summons referred to in paragraph (a) , the presiding officer must inquire into the reasons for the child's failure to appear or comply with the conditions or to remain in attendance and make a determination whether or not the failure is due to the child's fault.
if necessary, make an appropriate order which will assist the child and his or her family to comply with the conditions initially imposed.
If it is found that the failure is due to the child's fault, the presiding officer may order the release of the child on different or further conditions or make an order that the child be detained, subject to the provisions of section 26.
A parent, an appropriate adult or guardian who fails to comply with subsection (5) is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding three months.
comply with any other condition that the presiding officer deems fit in the circumstances.
unable to pay any amount of money, the presiding officer must set appropriate conditions that do not include an amount of money for the release of the child on bail; or able to pay an amount of money, the presiding officer must set conditions for the release of the child on bail and an amount which is appropriate in the circumstances.
If after due consideration of the options for release of a child in terms of Part 1, a decision is made that the child is to be detained or is to remain in detention a police official or presiding officer must give preference to the least restrictive option possible in the circumstances, as set out in subsections (2) and (3), beginning with the least restrictive option.
a police official must, depending on the age of the child and the alleged offence committed by the child, consider the placement of the child in a suitable child and youth care centre in accordance with section 27 (a) ; or if placement referred to in paragraph (a) is not appropriate or applicable, a police official must detain the child in a police cell or lock-up, in accordance with section 27 (b).
a child and youth care centre in accordance with section 29; or prison in accordance with section 30, subject to the limitations set out in that section.
14 years or older, with an offence referred to in Schedule 3, the police official must cause the child to be detained in a police cell or lock-up.
immediate and appropriate health care in the event of any illness, injury or severe psychological trauma; and adequate food, water, blankets and bedding.
there are other circumstances which warrant medical treatment.
a recommendation as to whether any further action is required.
A copy of the medical report, if applicable, must accompany the report by the station commissioner referred to in paragraph (b) , and a further copy must be filed in the docket.
The station commissioner of each police station must keep a register in which prescribed details regarding the detention of all children in police cells or lock-ups must be recorded in a manner that entries regarding the detention of children are clearly distinguishable from those of adults.
The register may be examined by any person, as may be prescribed.
A presiding officer may order the detention of a child who is alleged to have committed any offence in a specified child and youth care centre.
Whenever a presiding officer is required to make a decision in terms of subsection (1), the presiding officer must consider the information referred to in section 40 (2).
the availability or otherwise of accommodation for the child in question; and all other available information relating to the level of security, amenities and features of the centre.
the availability of accommodation in an appropriate child and youth care centre.
the detention is necessary in the interests of the administration of justice or the safety or protection of the public or the child or another child in detention; and there is a likelihood that the child, if convicted, could be sentenced to imprisonment.
A child who is 14 years or older but under the age of 16 years may only be detained in a prison if, in addition to the factors referred to in subsection (1) (a) , (c) , and (e) , the Director of Public Prosecutions or a prosecutor authorised thereto in writing by him or her issues a certificate which confirms that there is sufficient evidence to institute a prosecution against the child for an offence referred to in Schedule 3 and is charging the child with the offence.
the seriousness of the offence in question; or any other relevant factor.
A presiding officer ordering the detention of a child in prison in terms of this section must direct that the child be brought before him or her or any other court every 14 days to reconsider the order.
A presiding officer may order the detention of a child who is alleged to have committed an offence referred to in Schedule 1 or 2 in a prison instead of a child and youth care centre, if he or she, in addition to the factors referred to in subsections (1) and (3), finds substantial and compelling reasons, including any relevant serious previous convictions or any relevant pending serious charges against the child, provided that the child is 14 years or older.
A presiding officer who makes an order to place a child in a prison in terms of paragraph (a) , must enter the reasons for the decision on the record of the proceedings.
Where a child is placed in a child and youth care centre, police cell or lock-up or a prison and it comes to the attention of the person admitting the child that an error has been made regarding placement, that person must act in accordance with the order of the court, committing the child to the child and youth care centre, police cell, lock-up or prison and receive the child but must, as soon as practicable, not later than the next court day, in the prescribed manner, refer the child back to the presiding officer in question for the error to be corrected.
if not satisfied that the child is being treated properly and being kept in suitable conditions, order that an inspection or investigation be undertaken into the treatment and conditions and make an appropriate remedial order; and enter the reasons for any decision made in this regard on the record of the proceedings.
No child may be subjected to the wearing of leg-irons when he or she appears at a preliminary inquiry or child justice court, and handcuffs may only be used if there are exceptional circumstances warranting their use.
A child held in a police cell or lock-up while waiting to appear at a preliminary inquiry or child justice court must be kept separately from adults and be treated in a manner and kept in conditions which take account of his or her age.
Girls must be kept separately from boys and must be under the care of an adult female.
Where a child is transported to or from a preliminary inquiry or child justice court, the child must be transported separately from adults: Provided that where it is not possible to comply, the police official must, within 48 hours, submit a prescribed written report to the presiding officer, furnishing reasons for non-compliance.
Every child who is alleged to have committed an offence must be assessed by a probation officer, as set out in subsections (2) and (3), unless assessment has been dispensed with in terms of section 41 (3).
A probation officer who has been notified by a police official that a child has been handed a written notice, served with a summons or arrested must assess the child before the child appears at a preliminary inquiry within the time periods provided for in section 43 (3) (b).
A probation officer who has been notified by a police official that a child under the age of 10 years has been dealt with in terms of section 9, must make arrangements to assess the child within seven days of the notification.
determine whether the child has been used by an adult to commit the crime in question; and provide any other relevant information regarding the child which the probation officer may regard to be in the best interests of the child or which may further any objective which this Act intends to achieve.
may only be used for any purpose authorised by this Act, including at a preliminary inquiry; and is inadmissible as evidence during any bail application, plea, trial or sentencing proceedings in which the child appears.
Any person who contravenes the provisions of subsection (1) (a) is guilty of an offence and, if convicted, liable to a fine or to imprisonment for a period not exceeding three months.
The assessment of a child may take place in any suitable place identified by the probation officer, which may include a room at a police station, a magistrate's court, the offices of the Department of Social Development or a One-Stop Child Justice Centre.
The place identified in terms of subsection (1) must, as far as possible, be conducive to privacy.
The child must be present at his or her assessment in terms of this Act.
exempted by the probation officer from attending; or excluded by the probation officer from attending because he or she has disrupted, undermined or obstructed the assessment or it is in the best interests of the child or the administration of justice.
a researcher; or any other person whose presence is necessary or desirable for the assessment.
A probation officer may, if there is any risk that the child may escape or endanger the safety of the probation officer or any other person, request a police official to be present at an assessment.
A probation officer may, where appropriate, elicit the views of the child in private regarding the presence of any person who is attending the assessment.
A probation officer must make every effort to locate a parent or an appropriate adult or a guardian in order to conclude the assessment of a child and may request a police official to assist in the location of that person.
A probation officer may conclude the assessment of a child in the absence of a parent, appropriate adult or guardian if all reasonable efforts to locate that person have failed or if that person has been notified of the assessment and has failed to attend.
explain to the child the immediate procedures to be followed in terms of this Act; and inquire from the child whether or not he or she intends acknowledging responsibility for the offence in question.
The probation officer may, at any stage during the assessment of a child, consult with any person who may provide information necessary for the assessment, including a prosecutor, police official or diversion service provider.
The probation officer may, at any stage during the assessment, consult privately with any person present.
The probation officer may consult any person who is not at the assessment and who has any information relating to the assessment, but if additional information is obtained, the child must be informed accordingly.
Where a child is accused with another child or other children, the probation officer may conduct the assessment of the children simultaneously if this will be in the best interests of all the children concerned.
The probation officer must encourage the participation of the child during the assessment.
whether a further and more detailed assessment of the child is required in order to consider the circumstances referred to in subsection (3); and an estimation of the age of the child if this is uncertain, as provided for in section 13.
the availability or otherwise of accommodation for the child in question; and the level of security, amenities and features of the centre.
where the social welfare history of the child warrants a further assessment; and the possibility that the child may be admitted to a sexual offenders' programme, substance abuse programme or other intensive treatment programme.
The probation officer must indicate in the assessment report whether or not the child intends to acknowledge responsibility for the alleged offence.
The report referred to in subsection (1) must be submitted to the prosecutor before the commencement of a preliminary inquiry, with due regard to the time periods referred to in section 43 (3) (b).
subject to subsection (3), after an assessment of the child in accordance with Chapter 5; and before a preliminary inquiry as provided for in Chapter 7.
If the child has not been assessed, the prosecutor may dispense with the assessment if it is in the best interests of the child to do so: Provided that the reasons for dispensing with the assessment must be entered on the record of the proceedings by the magistrate in chambers referred to in section 42.
If the prosecutor is of the opinion that the child is in need of care and protection as envisaged by section 150 of the Children's Act, he or she must not divert the matter but refer the matter to a preliminary inquiry for consideration of referring it to a children's court.
In order to decide whether to divert the matter or not, the prosecutor must take into account whether the child has a record of previous diversions.
If the prosecutor decides not to divert a matter in terms of this section, he or she must immediately make arrangements for the child to appear at a preliminary inquiry referred to in Chapter 7.
in the case of a child who is 10 years or older but under the age of 14 years, that criminal capacity is likely to be proved in terms of section 11.
If a matter is diverted in terms of section 41, the child and, where possible, his or her parent, appropriate adult or guardian must appear before a magistrate in chambers, in order to have the diversion option that has been selected by the prosecutor, made an order of court.
The provisions of section 58 apply with the changes required by the context, to a child who fails to comply with any order referred to in subsection (1).
is an informal pre-trial procedure which is inquisitorial in nature; and may be held in a court or any other suitable place.
the referral of the matter to a children's court, where applicable.
the matter has been withdrawn.
within 48 hours of arrest as provided for in section 20 (5) if a child is arrested and remains in detention; or within the time periods specified in a written notice in terms of section 18 or a summons in terms of section 19.
A child's appearance at a preliminary inquiry is regarded as his or her first appearance before a lower court, in terms of section 50 of the Criminal Procedure Act.
If a diversion order is likely to be made, a diversion service provider identified by the probation officer should be present at the preliminary inquiry.
The inquiry magistrate may, subject to section 81, exclude any person from attending the preliminary inquiry if that person's presence is not in the best interests of the child or undermines the inquisitorial nature and objectives of a preliminary inquiry.
A preliminary inquiry may proceed in the absence of the child's parent, an appropriate adult, guardian or the probation officer if the inquiry magistrate is satisfied that to do so would be in the best interests of the child.
An inquiry magistrate who proceeds in the absence of the child's parent, an appropriate adult, guardian or probation officer in terms of paragraph (a) , must enter the reasons for the decision on the record of the proceedings.
The inquiry magistrate may permit the attendance of any other person who has an interest in attending or who may contribute to the proceedings.
The inquiry magistrate may subpoena or cause to be subpoenaed any person whose presence is necessary at the preliminary inquiry.
the probation officer.
Section 154 of the Criminal Procedure Act relating to the publication of information that reveals or may reveal the identity of a child or a witness under the age of 18 years applies with the changes required by the context to proceedings at a preliminary inquiry.
No information furnished by any person at a preliminary inquiry in relation to the child may be used against that child in any bail application, plea, trial or sentencing proceedings.
a warning by a presiding officer in terms of section 24 (4), (5) or (6), or is otherwise obliged to appear at a preliminary inquiry and who fails to appear at the inquiry or to remain in attendance at the proceedings must be dealt with in accordance with the provisions of section 24 (7), which apply with the changes required by the context.
The inquiry magistrate must conduct the preliminary inquiry in an informal manner by asking questions, interviewing persons at the inquiry and eliciting information, and must keep a record of the proceedings.
the report regarding the detention of the child in police custody provided by the investigating police official in terms of section 22 (2), if applicable; and any other information that may be relevant to the proceedings.
If the child has not yet been assessed, the inquiry magistrate may dispense with assessment if it is in the best interests of the child to do so.
must enter the reasons for that decision on the record of the proceedings.
If a preliminary inquiry proceeds in the absence of a probation officer, the probation officer's assessment report must be available at the preliminary inquiry, unless assessment has been dispensed with in terms of subsection (5).
allow the child, the child's parent, an appropriate adult or a guardian or any other person present to ask questions and to raise issues which, in the opinion of the inquiry magistrate, are relevant for the purposes of a preliminary inquiry.
If the child is a co-accused with one or more other children, a joint preliminary inquiry may be held if the inquiry magistrate is satisfied that this will be in the best interests of all the children concerned.
If a joint preliminary inquiry is held in terms of paragraph (a) , different decisions may be made in respect of each child.
enter the prosecutor's confirmation on the record of the proceedings; and inform the child that the matter is being referred to the child justice court to be dealt with in accordance with Chapter 9.
Where an inquiry magistrate has presided over a preliminary inquiry and has heard any information prejudicial to the impartial determination of the matter, the magistrate may not preside over any subsequent proceedings, procedure or trial arising from the same facts.
determine the age of a child in accordance with section 14, if necessary.
take any steps as may be necessary to establish the truth of any statement or the correctness of any submission.
The proceedings of a preliminary inquiry may be postponed for a further period not exceeding 48 hours, in addition to the period referred to in subsection (1) if the postponement is likely to increase the prospects of diversion, after which the preliminary inquiry, if it has not been concluded must, subject to subsection (4), be closed and the prosecutor must refer the matter to a child justice court to be dealt with in terms of Chapter 9.
in order to note a confession or an admission or hold an identity parade or a pointingout, the inquiry magistrate must inform the child of the right to have a parent, an appropriate adult, guardian or a legal representative present during those proceedings.
if a probation officer has, in terms of section 40 (1) (g) , recommended that a further and more detailed assessment of the child be undertaken or makes a recommendation to that effect during the course of the preliminary inquiry and the inquiry magistrate is satisfied that there are reasons justifying such an assessment; or in order to obtain the written indication from the Director of Public Prosecutions having jurisdiction for the diversion of the matter in terms of section 52 (3).
The proceedings of a preliminary inquiry may be postponed for a period determined by the inquiry magistrate in the case where the child is in need of medical treatment for illness, injury or severe psychological trauma; or the child has been referred for a decision relating to mental illness or defect in terms of section 77 or 78 of the Criminal Procedure Act.
Section 50 (1) (d) of the Criminal Procedure Act applies in relation to the period of 48 hours as provided for in this section.
for the purposes of further investigation of the matter.
An inquiry magistrate may, subject to paragraph (b) , make an order that the matter be diverted in terms of section 52 (5).
An inquiry magistrate may, in the case of a child who is 10 years or older but under the age of 14 years, only make an order that the matter be diverted in terms of paragraph (a) if he or she is satisfied that the child has criminal capacity.
may alter or extend any condition imposed in terms of section 24 (4); and must warn the child and his or her parent, an appropriate adult or a guardian to appear in a child justice court on the specified date and at the specified time and place.
a child is in need of care and protection referred to in section 150 (1) or (2) of the Children's Act, and it is desirable to deal with the child in terms of sections 155 and 156 of that Act; or the child does not live at his or her family home or in appropriate alternative care; or the child is alleged to have committed a minor offence or offences aimed at meeting the child's basic need for food and warmth, the inquiry magistrate may stop the proceedings and order that the child be brought before a children's court referred to in section 42 of that Act and that the child be dealt with under the said sections 155 and 156.
prevent the child from having a criminal record; and promote the dignity and well-being of the child, and the development of his or her sense of self-worth and ability to contribute to society.
the child and, if available, his or her parent, an appropriate adult or a guardian, consent to diversion; and the prosecutor indicates that the matter may be diverted in accordance with subsection (2) or the Director of Public Prosecutions indicates that the matter may be diverted in accordance with subsection (3).
considered the views of the victim or any person who has a direct interest in the affairs of the victim, whether or not the matter should be diverted, unless it is not reasonably possible to do so; and consulted with the police official responsible for the investigation of the matter, indicate that the matter may be diverted.
The Director of Public Prosecutions having jurisdiction may, in the case of an offence referred to in Schedule 3, in writing, indicate that the matter be diverted if exceptional circumstances exist, as determined by the National Director of Public Prosecutions in directives issued in terms of section 97 (4) (a) (iii).
consulted with the police official responsible for the investigation of the matter.
In order to obtain the written indication of the Director of Public Prosecutions in terms of paragraph (a) , the inquiry magistrate or child justice court may postpone the matter.
A Director of Public Prosecutions may not delegate his or her power to decide whether a matter may be diverted in terms of paragraph (a).
The written indication referred to in subsection (3) must be handed to the presiding officer at the preliminary inquiry or child justice court and must form part of the record of the proceedings.
If the prosecutor or a Director of Public Prosecutions indicates that the matter can be diverted in terms of subsection (2) or (3), the prosecutor must request the presiding officer at the preliminary inquiry or child justice court to make an order for diversion in respect of the child, in accordance with the provisions of this Chapter.
If the presiding officer does not divert the matter as provided for in subsection (5), he or she must refer the matter to the child justice court to be dealt with in accordance with Chapter 9.
'a supervision and guidance order' means an order issued in the prescribed manner, placing a child under the supervision and guidance of a mentor or peer in order to monitor and guide the child's behaviour.
where there is no identifiable person, persons or group of persons to whom restitution or compensation can be made, provision of some service or benefit or payment of compensation to a community, charity or welfare organisation or institution.
which may include restriction of the child's movement outside the magisterial district in which the child usually resides without the prior written approval of the probation officer.
14 years or older, the order may, subject to paragraph (b) , not exceed 24 months in duration, if a time period is applicable.
An order exceeding the time period referred to in paragraph (a) may be given, in which case the reasons for exceeding the time period must be entered on the record of the proceedings.
14 years or older, the order may, subject to paragraph (b) , not exceed 48 months in duration, if a time period is applicable.
A magistrate referred to in section 42, an inquiry magistrate or child justice court may order a child to appear at a family group conference in terms of section 61 or a victim-offender mediation in terms of section 62 on a specified date and at a specified time and place, or order any other restorative justice option in appropriate cases in the place of any of the diversion options referred to in subsections (3) or (4), or in combination with any of the diversion options referred to in subsections (3) and (4).
the child's age and developmental needs.
In the case of an offence referred to in Schedule 1, level one diversion options set out in section 53 (3) are applicable and may be used in combination.
In the case of an offence referred to in Schedule 2 or 3, level two diversion options set out in section 53 (4) are applicable and may be used in combination, together with any one or more level one diversion options, where appropriate.
In addition to the diversion options set out in section 53, a prosecutor, in terms of section 41 (1), an inquiry magistrate, in terms of section 49 (1) (a) , or a presiding officer in a child justice court, in terms of section 67 (1) (a) , may, where appropriate, after consideration of all available information, develop an individual diversion option which meets the objectives of diversion in terms of section 51 and, where applicable, the minimum standards set out in section 55.
must be sensitive to the circumstances of the victim.
be promoted and developed with a view to equal application and access throughout the country, bearing in mind the special needs and circumstances of children in rural areas and vulnerable groups; and involve parents, appropriate adults or guardians, if applicable.
Subject to section 98 (2), a prosecutor, an inquiry magistrate or a child justice court may only refer a matter for diversion to a diversion programme and diversion service provider that has been accredited in terms of this section and has a valid certificate of accreditation, referred to in subsection (2) (e).
ensure the availability of resources to implement diversion programmes, as prescribed.
measures for the removal of diversion programmes and diversion service providers from the system, where appropriate.
within four months of the closing date for applications referred to in subparagraph (ii), ensure that all applications received are considered and decided on, with preference being given to the finalisation of applications in respect of diversion programmes and diversion service providers which existed at the time of commencement of this Act.
After the expiry of the time limits referred to in paragraph (c) , all applications for accreditation must be dealt with in the manner and within the time limits determined in the policy framework and system for accreditation.
The Cabinet member responsible for social development must issue a prescribed certificate of accreditation to each diversion programme and diversion service provider that is accredited in terms of this section.
A certificate of accreditation referred to in paragraph (e) is valid for a maximum period of four years from the date of accreditation.
A quality assurance process must be conducted in the prescribed manner in respect of each accredited diversion programme and diversion service provider.
The Cabinet member responsible for social development must publish the particulars of each diversion programme and diversion service provider that is accredited or removed from the system in terms of this section in the Gazette within 30 days of accreditation or removal.
the relevant role-players falling under his or her jurisdiction; and the Director-General: Justice and Constitutional Development, who must distribute the publication to all relevant role-players who are involved in the administration of this Act.
When making a diversion order, the magistrate referred to in section 42, inquiry magistrate or child justice court must identify a probation officer or other suitable person to monitor the child's compliance with the diversion order.
If a child fails to comply with the diversion order, the probation officer or person identified in terms of subsection (1) must, in the prescribed manner, notify the magistrate, inquiry magistrate or child justice court in writing of the failure.
in the case of a probation officer or person who is in the employ of the State, the magistrate, inquiry magistrate or child justice court must bring the finding to the attention of the appropriate authority in order to take the necessary action; or in the case of a person who is not in the employ of the State, the magistrate, inquiry magistrate or child justice court must notify the Director-General: Social Development.
The procedure set out in subsection (3) does not preclude the application of any other remedy in any other law.
The probation officer or other suitable person referred to in subsection (1) must, when a child has successfully complied with a diversion order, submit a prescribed report to the relevant prosecutor.
If a child fails to comply with any diversion order, the magistrate referred to in section 42, the inquiry magistrate or child justice court may, on being notified of the failure, in the prescribed manner, issue a warrant for the arrest of the child or cause a summons to be issued in respect of the child in terms of section 19, to appear before the magistrate, inquiry magistrate or child justice court.
When a child appears before the magistrate, inquiry magistrate or child justice court pursuant to a warrant of arrest or summons, the magistrate, inquiry magistrate or child justice court must inquire into the reasons for the child's failure to comply with the diversion order and make a determination whether or not the failure is due to the child's fault.
make an appropriate order which will assist the child and his or her family to comply with the diversion option initially applied, with or without altered or additional conditions.
the child justice court, in the case where the matter was diverted by the court in terms of section 67, may record the acknowledgement of responsibility made by the child as an admission referred to in section 220 of the Criminal Procedure Act and proceed with the trial; or the prosecutor or child justice court must, where the matter does not go to trial, decide on another diversion option which is more onerous than the diversion option originally decided on.
If a matter has been diverted by a prosecutor in terms of Chapter 6, at a preliminary inquiry in terms of Chapter 7 or by a child justice court in terms of Chapter 9, and the diversion order has been successfully complied with, a prosecution on the same facts may not be instituted.
A diversion order made in terms of this Act does not constitute a previous conviction referred to in the Criminal Procedure Act.
A private prosecution in terms of section 7 of the Criminal Procedure Act may not be instituted against a child in respect of whom the matter has been diverted in terms of this Act.
the diversion option or options as described in the diversion order; and particulars of the child's compliance with the diversion order.
presiding officers, members of the national prosecuting authority referred to in section 4 of the National Prosecuting Authority Act, 1998 (Act 32 of 1998), or other court officials, when considering diversion in terms of Chapter 6, at a preliminary inquiry in terms of Chapter 7, and during proceedings at a child justice court in terms of Chapter 9; and in order to facilitate research relating to the effectiveness of diversion and trends relating to diversion.
Access to the register must be limited, as prescribed, to persons or organisations requiring the information for the purposes set out in subsection (2).
A family group conference is an informal procedure which is intended to bring a child who is alleged to have committed an offence and the victim together, supported by their families and other appropriate persons and, attended by persons referred to in subsection (3) (b) , at which a plan is developed on how the child will redress the effects of the offence.
A family group conference may only take place if both the victim and the child consent.
setting the date, time and place of the conference; and taking steps to ensure that all persons who may attend the conference are timeously notified of the date, time and place of the conference.
The family group conference must be facilitated by a family group conference facilitator, who may be a probation officer or a diversion service provider referred to in section 56 (1).
any person authorised by the family group conference facilitator to attend the conference.
If a family group conference fails to take place on the date and at the time and place set for the conference, the probation officer must convene another conference, as provided for in this section, within 21 days from the date on which it was to take place.
Participants in a family group conference must follow the procedure agreed on by them and may agree to a plan in respect of the child, in accordance with subsection (6).
include a mechanism to monitor the plan.
The family group conference facilitator must record the details of and reasons for any plan agreed to at the family group conference and must furnish a copy of the record to the child and to the probation officer or person referred to in section 57 (1).
In the event of the conference not taking place or the child failing to comply with the plan agreed to at the family group conference, the probation officer or person must notify the magistrate, inquiry magistrate or child justice court in writing of the failure, in which case section 58 applies.
If the participants in a family group conference cannot agree on a plan, the conference must be closed and the probation officer must refer the matter back to the magistrate, inquiry magistrate or child justice court for consideration of another diversion option.
No information furnished by the child at a family group conference may be used in any subsequent criminal proceedings arising from the same facts.
Victim-offender mediation means an informal procedure which is intended to bring a child who is alleged to have committed an offence and the victim together at which a plan is developed on how the child will redress the effects of the offence.
A victim-offender mediation may only take place if both the victim and the child consent.
If a child has been ordered to appear at a victim-offender mediation, section 61 (2), (4), (5), (6), (7), (8) and (9) applies with the changes required by the context.
A probation officer appointed by a magistrate referred to in section 42, an inquiry magistrate or a child justice court must convene the victim-offender mediation.
The victim-offender mediation must be mediated by a probation officer or a diversion service provider referred to in section 56 (1), who or which may regulate the procedure to be followed at the mediation.
Any child whose matter has been referred to the child justice court in terms of section 49 (2), must appear before a court with the requisite jurisdiction to be dealt with in terms of this Chapter.
A child justice court must apply the relevant provisions of the Criminal Procedure Act relating to plea and trial of accused persons, as extended or amended by the provisions as set out in this Chapter and Chapter 10.
Where a child and an adult are charged together in the same trial in respect of the same set of facts in terms of sections 155, 156 and 157 of the Criminal Procedure Act, a court must apply the provisions of this Act in respect of the child; and the Criminal Procedure Act in respect of the adult.
may elicit additional information from any person involved in the proceedings; and must, during all stages of the trial, especially during crossexamination of a child, ensure that the proceedings are fair and not unduly hostile and are appropriate to the age and understanding of the child.
No person may be present at any sitting of a child justice court, unless his or her presence is necessary in connection with the proceedings of the child justice court or the presiding officer has granted him or her permission to be present.
Section 154 (3) of the Criminal Procedure Act applies with the changes required by the context regarding the publication of information.
explain to the child the further procedures to be followed in terms of this Act.
If it appears to the presiding officer during the course of proceedings at a child justice court that a child is a child in need of care and protection referred to in section 50, the court must act in accordance with that section.
Subject to subsections (2) and (5), a child must be assisted by a parent, an appropriate adult or a guardian in proceedings in a child justice court.
If a parent, an appropriate adult or a guardian cannot be traced after reasonable efforts and any further delay would be prejudicial to the best interests of the child or to the administration of justice, the child justice court may dispense with the obligation that the child must be assisted by a parent, an appropriate adult or a guardian.
The parent of a child, an appropriate adult or a guardian who has been warned by an inquiry or a guardian magistrate to attend proceedings in terms of section 49 (2), must attend the proceedings, unless he or she has been exempted in terms of subsection (5).
If a parent, an appropriate adult or a guardian has not been warned to attend as referred to in subsection (3), the child justice court may, at any stage of the proceedings, subpoena or cause to be subpoenaed any parent, appropriate adult or a guardian to appear at the proceedings.
A parent, an appropriate adult or a guardian who has been warned to attend as referred to in subsection (3) or subpoenaed in terms of subsection (4), may apply to the child justice court for exemption from the obligation to attend the proceedings, and if the presiding officer of the child justice court exempts a parent, an appropriate adult or a guardian, he or she must do so in writing.
Where a child is not assisted by a parent, an appropriate adult or a guardian and the child requests assistance, an independent observer may, in exceptional circumstances, be appointed by the presiding officer in the prescribed manner to assist the child.
In the event of a failure to comply with the provisions of subsection (3), the procedure referred to in section 24 (7) (e) applies, with the changes required by the context.
Section 50 (6) (d) of the Criminal Procedure Act applies to a child whose bail application has not been finalised.
has been released, a child justice court may, prior to the commencement of a trial, not postpone the proceedings for a period longer than 60 days at a time.
A child justice court may, at any time before the conclusion of the case for the prosecution, make an order for diversion in respect of a child in accordance with the provisions of section 52 (5).
A child justice court that makes a diversion order must postpone those proceedings, pending the child's compliance with the diversion order and warn the child that any failure to comply with the diversion order may result in any acknowledgment of responsibility being recorded as an admission in the event of the trial being proceeded with as referred to in section 58 (4) (b).
The child justice court must, on receipt of a report from the probation officer that a child has successfully complied with the diversion order, and if the child justice court is satisfied that the child has complied, make an order to stop the proceedings.
A child justice court must, after convicting a child, impose a sentence in accordance with this Chapter.
In order to promote the objectives of sentencing referred to in subsection (1) and to encourage a restorative justice approach, sentences may be used in combination.
the extent to which the harm caused by the offence can be apportioned to the culpability of the child in causing or risking the harm; and whether the child is in need of a particular service provided at a child and youth care centre.
the previous failure of the child to respond to non-residential alternatives, if applicable; and the desirability of keeping the child out of prison.
use imprisonment only as a measure of last resort and only for the shortest appropriate period of time.
For purposes of this section, a victim impact statement means a sworn statement by the victim or someone authorised by the victim to make a statement on behalf of the victim which reflects the physical, psychological, social, financial or any other consequences of the offence for the victim.
The prosecutor may, when adducing evidence or addressing the court on sentence, consider the interests of a victim of the offence and the impact of the crime on the victim, and, where practicable, furnish the child justice court with a victim impact statement provided for in subsection (1).
If the contents of a victim impact statement are not disputed, a victim impact statement is admissible as evidence on its production.
A child justice court imposing a sentence must, subject to paragraph (b) , request a pre-sentence report prepared by a probation officer prior to the imposition of sentence.
A child justice court may dispense with a pre-sentence report where a child is convicted of an offence referred to in Schedule 1 or where requiring the report would cause undue delay in the conclusion of the case, to the prejudice of the child, but no child justice court sentencing a child may impose a sentence involving compulsory residence in a child and youth care centre providing a programme referred to in section 191 (2) (j) of the Children's Act or imprisonment, unless a pre-sentence report has first been obtained.
The probation officer must complete the report as soon as possible but no later than six weeks following the date on which the report was requested.
Where a probation officer recommends that a child be sentenced to compulsory residence in a child and youth care centre providing a programme referred to in section 191 (2) (j) of the Children's Act, the recommendation must be supported by current and reliable information, obtained by the probation officer from the person in charge of that centre, regarding the availability or otherwise of accommodation for the child in question.
A child justice court may impose a sentence other than that recommended in the pre-sentence report and must, in that event, enter the reasons for the imposition of a different sentence on the record of the proceedings.
A community-based sentence is a sentence which allows a child to remain in the community and includes any of the options referred to in section 53, as sentencing options, or any combination thereof and a sentence involving correctional supervision referred to in section 75.
request the probation officer concerned to monitor the child's compliance with the relevant order and to provide the court with progress reports, in the prescribed manner, indicating compliance; and warn the child that any failure to comply with the sentence will result in him or her being brought back before the child justice court for an inquiry to be held in terms of section 79.
for victim-offender mediation in terms of section 62; or to any other restorative justice process which is in accordance with the definition of restorative justice.
On receipt of the written recommendations from a family group conference, victimoffender mediation or other restorative justice process, the child justice court may impose a sentence by confirming, amending or substituting the recommendations.
If the child justice court does not agree with the terms of the plan made at a family group conference, victim-offender mediation or other restorative justice process, the court may impose any other sentence provided for in this Chapter and enter the reasons for substituting the plan with that sentence on the record of the proceedings.
request the probation officer concerned to monitor the child's compliance with the sentence referred to in subsection (2) and to provide the court with progress reports, in the prescribed manner, indicating compliance; and warn the child that any failure to comply with the sentence will result in the child being brought back before the child justice court for an inquiry to be held in terms of section 79.
inquire into the ability of the child or his or her parents, an appropriate adult or a guardian to pay the fine, whether in full or in instalments; and consider whether the failure to pay the fine may cause the child to be imprisoned.
any other option that the child justice court considers to be appropriate in the circumstances.
request the probation officer concerned to monitor the compliance with the sentence and to provide the court with progress reports, in the prescribed manner, indicating compliance; and warn the child that any failure to comply with the sentence will result in the child being brought back before the child justice court for an inquiry to be held in terms of section 79.
(h) or (i) of the Criminal Procedure Act; or in the case of a child who is under the age of 14 years, in terms of section 276 (1) (h) of the Criminal Procedure Act.
A child justice court that convicts a child of an offence may sentence him or her to compulsory residence in a child and youth care centre providing a programme referred to in section 191 (2) (j) of the Children's Act.
A sentence referred to in subsection (1) may, subject to subsection (3), be imposed for a period not exceeding five years or for a period which may not exceed the date on which the child in question turns 21 years of age, whichever date is the earliest.
(a) A child justice court that convicts a child of an offence referred to in Schedule 3; and which, if committed by an adult, would have justified a term of imprisonment exceeding ten years, may, if substantial and compelling reasons exist, in addition to a sentence in terms of subsection (1), sentence the child to a period of imprisonment which is to be served after completion of the period determined in accordance with subsection (2).
The head of the child and youth care centre to which a child has been sentenced in terms of subsection (1) must, on the child's completion of that sentence, submit a prescribed report to the child justice court which imposed the sentence, containing his or her views on the extent to which the relevant objectives of sentencing referred to in section 69 have been achieved and the possibility of the child's reintegration into society without serving the additional term of imprisonment.
order the release of the child, with or without conditions.
If a sentence has been confirmed in accordance with paragraph (c) (i), the period served by the child in a child and youth care centre must be taken into account when consideration is given as to whether or not the child should be released on parole in accordance with Chapter VII of the Correctional Services Act, 1998 (Act 111 of 1998).
A child who is sentenced in terms of this section, must be taken in the prescribed manner to the centre specified in the order as soon as possible, but not later than one month after the order was made.
direct a probation officer to monitor the movement of the child to the centre specified in the order, in compliance with the order, and to report to the court in writing once the child has been admitted to the centre.
Where the information referred to in section 71 (3) is, for any reason, not available, the presiding officer may request any official of the rank of Director or above at the Department of Social Development dealing with the designation of children to child and youth care centres to furnish that information, in respect of the availability or otherwise of accommodation for the child in question.
Where a presiding officer has sentenced a child in terms of this section, he or she must cause the matter to be retained on the court roll for one month, and must, at the re-appearance of the matter, inquire whether the child has been admitted to the child and youth care centre.
If the child has not been admitted to a child and youth care centre, the presiding officer must hold an inquiry and take appropriate action, which may, after consideration of the evidence recorded, include the imposition of an alternative sentence, unless the child has been sentenced in terms of subsection (3).
If the presiding officer finds that the failure to admit the child is due to the fault of any official, he or she must cause a copy of the finding to this effect to be brought to the attention of the appropriate authority to take the necessary action.
when sentencing a child who is 14 years or older at the time of being sentenced for the offence, must only do so as a measure of last resort and for the shortest appropriate period of time.
Notwithstanding any provision in this or any other law, a child who was 16 years or older at the time of the commission of an offence referred to in Schedule 2 to the Criminal Law Amendment Act, 1997 (Act 105 of 1997) must, if convicted, be dealt with in accordance with the provisions of section 51 of that Act.
Schedule 1, if the child has a record of relevant previous convictions and substantial and compelling reasons exist for imposing a sentence of imprisonment.
A child referred to in subsection (3) may be sentenced to a sentence of imprisonment for a period not exceeding 25 years.
A child justice court imposing a sentence of imprisonment must antedate the term of imprisonment by the number of days that the child has spent in prison or child and youth care centre prior to the sentence being imposed.
In compliance with the Republic's international obligations, no law, or sentence of imprisonment imposed on a child, including a sentence of imprisonment for life, may, directly or indirectly, deny, restrict or limit the possibility of earlier release of a child sentenced to any term of imprisonment.
Subject to section 77 (2), the provisions of section 297 of the Criminal Procedure Act apply in relation to the postponement or suspension of passing of sentence by a child justice court in terms of this Act.
(a) to (m) , (q) and (7) of this Act; and a requirement that the child or any other person designated by the child justice court must again appear before that child justice court on a date or dates to be determined by the child justice court for a periodic progress report.
A child justice court that has postponed the passing of sentence in terms of subsection (1) on one or more conditions must request the probation officer concerned to monitor the child's compliance with the conditions imposed and to provide the court with progress reports indicating compliance.
If a probation officer reports to a child justice court that a child has failed to comply with a community-based sentence imposed in terms of section 72, or a restorative justice sentence imposed in terms of section 73, or has failed to pay a fine, restitution or compensation provided for in section 74, the child may, in the prescribed manner, be brought before the child justice court which imposed the original sentence for the holding of an inquiry into the failure of the child to comply.
If, upon the conclusion of the inquiry, it is found that the child has failed to comply with the sentence provided for in subsection (1), the child justice court may confirm, amend or substitute the sentence.
uphold the highest standards of ethical behaviour and professional conduct.
If a presiding officer is of the opinion that a legal representative at any stage during the conduct of any proceedings under this Act, acted contrary to subsection (1), he or she must record his or her displeasure by way of an order which includes an appropriate remedial action or sanction.
in the case of an advocate, the controlling body of which the advocate is a member, of the order.
Nothing in this Act precludes a child from being represented by a legal representative at a preliminary inquiry.
Where a child appears before a child justice court in terms of Chapter 9 and is not represented by a legal representative of his or her own choice, at his or her own expense the presiding officer must refer the child to the Legal Aid Board for the matter to be evaluated by the Board as provided for in section 3B (1) (b) of the Legal Aid Act, 1969 (Act 22 of 1969).
No plea may be taken until a child referred to in subsection (1) has been granted a reasonable opportunity to obtain a legal representative or a legal representative has been appointed.
No child appearing before a child justice court may waive his or her right to legal representation.
If a child referred to in subsection (1) does not wish to have a legal representative or declines to give instructions to an appointed legal representative, the court must enter this on the record of the proceedings and a legal representative must, subject to the provisions of the Legal Aid Guide referred to in section 3A of the Legal Aid Act, 1969 (Act 22 of 1969), be appointed by the Legal Aid Board to assist the court in the prescribed manner.
16 years or older but under the age of 18 years and has been sentenced to any form of imprisonment that was not wholly suspended, he or she may note the appeal without having to apply for leave in terms of section 309B of that Act in the case of an appeal from a lower court and in terms of section 316 of that Act in the case of an appeal from a High Court: Provided further that the provisions of section 302 (1) (b) of that Act apply in respect of a child who duly notes an appeal against a conviction, sentence or order as provided for in section 302 (1) (a) of that Act.
A child referred to in subsection (1) must be informed by the presiding officer of his or her rights in respect of appeal and legal representation and of the correct procedures to give effect to these rights.
(j) of the Children's Act, the sentence is subject to review in terms of section 304 of the Criminal Procedure Act by a judge of the High Court having jurisdiction, irrespective of the duration of the sentence.
The provisions of subsection (1) do not apply if an appeal has been noted in terms of section 84.
the review of a sentence as provided for in section 307 of the Criminal Procedure Act; or the appeal against a sentence as provided for in sections 309(4) and 316 of the Criminal Procedure Act, the provisions of section 25 of this Act, dealing with the release of children on bail, apply.
10 years has elapsed after the date of conviction in the case of an offence referred to in Schedule 2, unless during that period the child is convicted of a similar or more serious offence.
In the case of a dispute or uncertainty as to whether another offence of which a child is convicted during the period is similar to or more serious than the offence in respect of which a record exists, the opinion of the Cabinet member responsible for the administration of justice prevails.
The Director-General: Justice and Constitutional Development must, on receipt of the written application of an applicant referred to in subsection (1), issue a prescribed certificate of expungement, directing that the conviction and sentence of the child be expunged, if the Director-General is satisfied that the child complies with the criteria set out in subsection (1).
the period of five years, referred to in subsection (1) (a) (i); or the period of 10 years, referred to in subsection (1) (a) (ii), has not yet elapsed, if the Cabinet member responsible for the administration of justice is satisfied that the child otherwise complies with the criteria set out in subsection (1).
An applicant to whom a certificate of expungement has been issued as provided for in subsection (2) or (3) must, in the prescribed manner, submit the certificate to the head of the Criminal Record Centre of the South African Police Service, to be dealt with in accordance with subsection (5).
The head of the Criminal Record Centre of the South African Police Service or a senior person or persons at the rank of Director or above, employed at the Centre, who has or have been authorised, in writing, by the head of the Centre to do so, must expunge the criminal record of a child if he or she is furnished by the applicant with a certificate of expungement as provided for in subsection (2) or (3).
The head of the Criminal Record Centre of the South African Police Service must, on the written request of an applicant, in writing, confirm that the criminal record of the child has been expunged.
without the authority of a certificate of expungement as provided for in this section; or intentionally or in a grossly negligent manner, expunges the criminal record of any child, is guilty of an offence and is, if convicted, liable to a fine or to a sentence of imprisonment for a period not exceeding 10 years or to both a fine and the imprisonment.
The Director-General: Social Development must, in the prescribed manner, expunge the record of any diversion order made in respect of a child in terms of this Act on the date on which that child turns 21 years of age, unless the child has been convicted of any other offence before that date or has failed to comply with the diversion order in question.
The Cabinet member responsible for the administration of justice may, after due consideration of any proposal put forward by the Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), make and implement rules in respect of any aspect of this Act.
The Cabinet member responsible for the administration of justice, in consultation with the Cabinet members responsible for social development, safety and security and correctional services, may establish centres to be known as One-Stop Child Justice Centres.
Each Cabinet member referred to in subsection (1) is severally responsible for the provision of resources and services by their respective departments as may be agreed to enable a One-Stop Child Justice Centre to function effectively.
The objective of a One-Stop Child Justice Centre is to promote co-operation between government departments, and between government departments and the nongovernmental sector and civil society, to ensure an integrated and holistic approach in the implementation of this Act.
Each One-Stop Child Justice Centre must establish a management committee, consisting of senior officials of the Departments of Justice and Constitutional Development, Social Development and Correctional Services and the South African Police Service, the Legal Aid Board and other relevant organs of state.
The management committee may invite persons to its meetings, when necessary, for technical assistance, support or advice.
The management committee referred to in paragraph (a) must meet at least once every three months.
increase or reduce the area of jurisdiction of each One-Stop Child Justice Centre; and withdraw or vary any notice under this subsection.
any other relevant facility.
If an inquiry magistrate, child justice court or any other court makes a determination of age as provided for in section 14 or 15 that is not supported by a valid birth certificate, identity document or passport, a copy of the record of the determination must be forwarded to the Department of Home Affairs to consider the issuing of an identification document to the person concerned.
The Department of Home Affairs must report back to the inquiry magistrate or child justice court, the probation officer in question, the child and his or her parent, appropriate adult or guardian, in the manner prescribed by the Cabinet member responsible for the administration of justice, in consultation with the Cabinet member responsible for home affairs, that the age has been registered.
Section 297A of the Criminal Procedure Act applies, with the changes required by the context, in the case of any patrimonial loss suffered by any person as a result of a delict committed by a child during the execution of a diversion order made in terms of this Act.
If it comes to the attention of any court official or probation officer that a child has been used by an adult to commit a crime referred to in Schedule 1 or 2 of the Criminal Procedure Act, that adult must be reported to the South African Police Service for the consideration of a prosecution as provided for in section 141 (1) (d) , read with section 30 5(1) (c) , of the Children's Act, and the fact of the adult's involvement must be taken into account when determining the treatment of the child in the child justice system.
enhance service delivery as envisaged in this Act by the development of a plan within available resources.
review the policy framework within three years after its publication in the Gazette and at least once every five years thereafter; and amend the policy framework when required, in which case the amendments must be tabled in Parliament and published in the Gazette for public comment, as provided for in paragraph (b).
There is hereby established a Committee to be known as the Intersectoral Committee for Child Justice.
the Director-General: Education; and the Director-General: Health.
A member of the Intersectoral Committee may designate a senior official in his or her Department as an alternate to attend a meeting of the Committee in his or her place.
The Intersectoral Committee must designate one of its members as deputy chairperson of the Intersectoral Committee, and when the chairperson is not available, the deputy chairperson acts as chairperson.
If neither the chairperson nor deputy chairperson is available, the members present at a meeting must elect a person from among their number to preside at that meeting.
representatives from the non-governmental sector and civil society to its meetings with the view to fostering co-operation between government and civil society in the implementation of this Act; and persons to its meetings, when necessary, for technical assistance, support or advice.
meet at least twice every year on a date and at the time and place determined by the chairperson; and report in writing to the Cabinet member responsible for the administration of justice within one month of every meeting.
any other relevant factor.
The Intersectoral Committee may make recommendations to the Cabinet member responsible for the administration of justice with regard to the amendment of the national policy framework.
The Cabinet member responsible for the administration of justice must, on receipt of the report referred to in subsection (4), submit the report to Cabinet for approval, and thereafter to Parliament for consideration.
every year thereafter submit those reports to Parliament.
a recommendation based on the analysis as to whether the minimum age of criminal capacity should remain at 10 years as provided for in section 7 (1) or whether the minimum age of criminal capacity should be raised.
The Cabinet member responsible for the administration of justice, after consultation, where appropriate, with the Cabinet members responsible for social development, safety and security, education, correctional services and health, may make regulations regarding any matter which is required or permitted by this Act to be prescribed by regulation or any other matter which is necessary or expedient to prescribe in order to achieve the objects of this Act.
The regulations referred to in subsection (1) must be tabled in Parliament for approval.
determine the persons or the category or class of persons who are competent to conduct the evaluation of the criminal capacity of a child referred to in section 11 (3); and in consultation with the Cabinet member responsible for finance, determine the allowances and remuneration of those persons.
determining the exceptional circumstances in which a matter may be diverted, as provided for in section 52 (3).
The first directives so issued must be submitted to Parliament before the commencement of this Act.
Any directive issued under this subsection may be amended or withdrawn.
The National Director of Public Prosecutions must develop training courses which the Gazette.
provide for and promote the use of uniform norms, standards and procedures, to ensure that all prosecutors are able to deal with child justice matters in an appropriate, efficient and sensitive manner.
the issuing of a certificate expunging the criminal record of a child referred to in section 87 (5) (b).
submit any national instructions provided for in this subsection to Parliament 30 days before they are issued; and after the expiry of the 30-day period publish them in the Gazette.
The first national instructions so issued must be submitted to Parliament before the commencement of this Act.
Any national instructions issued under this subsection may be amended or withdrawn.
provide for and promote the use of uniform norms, standards and procedures, to ensure that all police officials are able to deal with child justice matters in an appropriate, efficient and sensitive manner.
The Director-General: Social Development or any person designated by him or her must keep a register, as prescribed, of children in respect of whom a decision has been made and recorded by a probation officer in terms of section 9 (6).
particulars of the child's compliance with the decision, if applicable.
Access to the register must be limited, as prescribed, to persons or organisations requiring the information for the purposes of record-keeping, monitoring and research.
the level of security offered by each centre.
provide for and promote the use of uniform norms, standards and procedures, to ensure that all officials in their departments are able to deal with child justice matters in an appropriate, efficient and sensitive manner.
The directives or national instructions provided for in this section must ensure that adequate steps are taken against any functionary who fails to comply with any duty imposed on him or her in terms of this Act.
If Parliament is required in terms of any provision of this Act to approve any regulations, directives or national instructions, Parliament must do so within six months of those being tabled in Parliament, failing which they will be deemed to have been approved by Parliament.
All criminal proceedings in which children are accused of having committed an offence, which were instituted prior to the commencement of this Act and which are not concluded before the commencement of this Act, must be continued and concluded in all respects as if this Act had not been passed.
Every diversion programme and diversion service provider which existed at the time of the commencement of this Act may continue to operate until it has been informed of the decision in respect of its application as provided for in section 56 (2) (c) (iii).
The initial regulations referred to in section 97 (1) must be tabled in Parliament for approval by no later than 1 December 2009, and must be approved before the commencement of this Act, failing which they will be deemed to have been approved by Parliament.
The laws specified in Schedule 4 are hereby repealed or amended to the extent set out in the third column of that Schedule.
The Cabinet member responsible for the administration of justice may amend the amounts determined in Schedules 1, 2 and 3 of this Act by notice in the Gazette.
Any amount amended as provided for in paragraph (a) must, before publication in the Gazette , be submitted to and approved by Parliament.
This Act is called the Child Justice Act, 2008, and takes effect on 1 April 2010, or any earlier date fixed by the President by proclamation in the Gazette.
Theft, whether under the common law or a statutory provision, receiving stolen property knowing it to have been stolen or theft by false pretences, where the amount involved does not exceed R2 500.
2 Fraud, extortion, forgery and uttering or an offence referred to in the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004), where the amount involved does not exceed R1 500.
3 Malicious injury to property, where the amount involved does not exceed R1 500.
4 Common assault where grievous bodily harm has not been inflicted.
6 Contempt of court.
12 Public Indecency.
13 Engaging sexual services of persons 18 years or older, referred to in section 11 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007).
14 Bestiality, referred to in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
15 Acts of consensual sexual penetration with certain children (statutory rape) and acts of consensual sexual violation with certain children (statutory sexual assault), referred to in and subject to sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
16 Any offence under any law relating to the illicit possession of dependence producing drugs, other than any offence referred to in Item 17 of this Schedule, where the quantity involved does not exceed R500 in value.
17 Any other statutory offence where the maximum penalty determined by that statute is imprisonment for a period of no longer than three months or a fine for that period, calculated in accordance with the Adjustment of Fines Act, 1991 (Act 101 of 1991).
18 Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.
1 Theft, whether under the common law or a statutory provision, receiving stolen property knowing it to have been stolen, or theft by false pretences, where the amount involved exceeds R2 500.
2 Fraud, extortion, forgery and uttering or an offence referred to in the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004), where the amount involved exceeds R1 500.
3 Robbery, other than robbery with aggravating circumstances.
4 Malicious injury to property, where the amount involved exceeds R1 500.
5 Assault, involving the infliction of grievous bodily harm.
6 Public violence.
7 Culpable homicide.
9 Housebreaking, whether under the common law or a statutory provision, with the intent to commit an offence.
10 Administering poisonous or noxious substance.
13 Sexual assault, compelled sexual assault or compelled self-sexual assault referred to in sections 5, 6 and 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007), respectively, where grievous bodily harm has not been inflicted.
14 Compelling or causing persons 18 years or older to witness sexual offences, sexual acts or self-masturbation, referred to in section 8 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
15 Exposure or display of or causing exposure or display of child pornography or pornography as referred to in sections 10 or 19 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
16 Incest and sexual acts with a corpse, referred to in sections 12 and 14 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
17 Exposure or display of or causing exposure or display of genital organs, anus or female breasts to any person ('flashing'), referred to in sections 9 or 22 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
18 Violating a dead body or grave.
19 Defeating or obstructing the course of justice.
20 Any offence referred to in section 1 or 1A of the Intimidation Act, 1982 (Act 72 of 1982).
21 Any offence relating to criminal gang activities referred to in Chapter 4 of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998).
22 Any contravention of section 2 of the Animals Protection Act, 1962 (Act 71 of 1962).
23 Any offence under any law relating to the illicit possession of dependence producing drugs, other than any offence referred to in Item 24 of this Schedule, where the quantity involved exceeds R500 but does not exceed R5 000 in value.
24 Any other statutory offence where the maximum penalty determined by that statute is imprisonment for a period exceeding three months but less than five years or a fine for that period, calculated in accordance with the Adjustment of Fines Act, 1991 (Act 101 of 1991).
25 Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.
4 Extortion, where there are aggravating circumstances present.
7 Rape or compelled rape referred to in sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007), respectively.
8 Sexual assault, compelled sexual assault or compelled self-sexual assault referred to in sections 5, 6 and 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, involving the infliction of grievous bodily harm.
9 Sexual exploitation of children, sexual grooming of children and using children for or benefiting from child pornography, referred to in sections 17, 18 and 20 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
the sexual exploitation or sexual grooming of a child referred to in section 17 or 18 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or the use of a child for purposes of child pornography or in order to benefit in any manner from child pornography, as provided for in section 20 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
11 Compelling or causing children to witness sexual offences, sexual acts or selfmasturbation referred to in section 21 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
12 Sexual exploitation of persons who are mentally disabled, sexual grooming of persons who are mentally disabled, exposure or display of or causing exposure or display of child pornography or pornography to persons who are mentally disabled or using persons who are mentally disabled for pornographic purposes or benefiting therefrom, referred to in sections 23, 24, 25, and 26 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
14 Any offence referred to in Parts 1, 2 and 3 of Chapter 2 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act 33 of 2004).
racketeering activities referred to in Chapter 2; or the proceeds of unlawful activities referred to in Chapter 3, of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998).
16 The crimes of genocide, crimes against humanity and war crimes referred to in the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act 27 of 2002).
the possession of firearms, explosives or armament.
18 Any offence referred to in section 13 (f) of the Drugs and Drug Trafficking Act, 1992 (Act 140 of 1992).
CHILD JUSTICE ACT 75 OF 2008 Page 70 of 101 19 Any offence of a serious nature if it is alleged that the offence was committed by a person, group of persons, syndicate or any enterprise, acting in the execution or furtherance of a common purpose or conspiracy.
20 Any offence under any law relating to the illicit possession of dependence producing drugs, other than an offence referred to in Item 21 of this Schedule, where the quantity involved exceeds R5 000 in value.
21 Any other statutory offence where the maximum penalty determined by that statute is imprisonment for a period exceeding five years or a fine for that period, calculated in accordance with the Adjustment of Fines Act, 1991 (Act 101 of 1991).
22 Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.
'(2) Notwithstanding anything to the contrary in any law contained, no person in respect of whom the imposition of a sentence of imprisonment is compulsory in terms of subsection (1), shall be dealt with under section 297 of the Criminal Procedure Act, 1977.'.
CHILD JUSTICE ACT 75 OF 2008 Page 71 of 101 may, subject to the provisions of section 9 and section 59 (2) of the Child Justice Act, 2008, either in person or by a legal representative, institute and conduct a prosecution in respect of such offence in any court competent to try that offence.'.
The methods of securing the attendance of an accused who is under the age of eighteen years at a preliminary inquiry or child justice court are those contemplated in section 17 of the Child Justice Act, 2008.'.
Amendment of section 50 by the deletion of subsections (4) and (5).
'(1) Subject to section 4 (2) of the Child Justice Act, 2008, an accused who is eighteen years or older and who is summoned under section 54 to appear at criminal proceedings and who fails to appear at the place and on the date and at the time specified in the summons or who fails to remain in attendance at such proceedings, shall be guilty of an offence and liable to the punishment prescribed under subsection (2).'
CHILD JUSTICE ACT 75 OF 2008 Page 72 of 101 the age of eighteen years and who fails to appear at a preliminary inquiry in terms of a summons issued under that Act.'.
Repeal of section 71.
'(1) Subject to section 4 (2) of the Child Justice Act, 2008, if an accused who is eighteen years or older is in custody in respect of any offence and a police official or a court may in respect of such offence release the accused on bail under section 59 or 60, as the case may be, such police official or such court, as the case may be, may, in lieu of bail and if the offence is not, in the case of such police official, an offence referred to in Part II or Part III of Schedule 2-'; and by the deletion of paragraph (b) of subsection (1) and paragraph (b) of subsection (2).
'(3) In addition to the provisions of sections 3 (g) , 38 (2), 44 (1) (b) and 65 of the Child Justice Act, 2008, relating to the assistance of an accused who is under the age of eighteen years by his or her parent or an appropriate adult at criminal proceedings, any accused who, in the opinion of the court, requires the assistance of another person at criminal proceedings, may, with the permission of the court, be so assisted at such proceedings.'.
Repeal of section 74.
CHILD JUSTICE ACT 75 OF 2008 Page 73 of 101 be in the interests of the security of the State or of good order or of public morals or of the administration of justice that such proceedings be held behind closed doors, it may direct that the public or any class thereof shall not be present at such proceedings or any part thereof.'
Except where otherwise expressly provided by this Act or the Child Justice Act, 2008, or except where the fact of a previous conviction is an element of any offence with which an accused is charged, evidence shall not be admissible at criminal proceedings in respect of any offence to prove that an accused at such proceedings had previously been convicted of any offence, whether in the Republic or elsewhere, and no accused, if called as a witness, shall be asked whether he or she has been so convicted.'.
Repeal of section 254.
if the court is of the opinion that the offence justifies the imposing of imprisonment, with or without the option of a fine, for a period not exceeding five years; and for a fixed period not exceeding five years.'.
Repeal of section 290.
Repeal of section 291.
'and such court, whether or not it is, in the case of a court other than a court of equal or superior jurisdiction, constituted differently than it was at the time of such postponement or suspension, may then, in the case of subparagraph (i), impose any competent sentence or, in the case of subparagraph (ii), put into operation the sentence which was suspended.'.
'(i) which, in the case of imprisonment (including detention in a child and youth care centre providing a programme contemplated in section 191 (2) (j) of the Children's Act, 2005 (Act 38 of 2005)), exceeds a period of three months, if imposed by a judicial officer who has not held the substantive rank of magistrate or higher for a period of seven years, or which exceeds a period of six months, if imposed by a judicial officer who has held the substantive rank of magistrate or higher for a period of seven years or longer;'.
(b) shall apply in respect of a person who duly notes an appeal against a conviction, sentence or order as contemplated in section 302 (1) (a) .'.
' (a) Subject to section 84 of the Child Justice Act, 2008, any accused, who wishes to note an appeal against any conviction or against any resultant sentence or order of a lower court, must apply to that court for leave to appeal against that conviction, sentence or order.'.
' (a) An accused, other than a child contemplated in the Child Justice Act, 2008, who is unrepresented at the time he or she is convicted and sentenced, must be informed by the presiding officer of his or her rights in respect of appeal and legal representation and of the correct procedures to give effect to these rights.'.
' (a) Subject to section 84 of the Child Justice Act, 2008, any accused convicted of any offence by a High Court may apply to that court for leave to appeal against such conviction or against any resultant sentence or order.'
CHILD JUSTICE ACT 75 OF 2008 Page 76 of 101 paragraph (c) of subsection (1).
the accused at such proceedings could not lawfully have been convicted of the offence with which he or she was charged if the correct age had been proved.'.
'assessment' means a process of developmental assessment or evaluation of a person, the family circumstances of the person, the nature and circumstances surrounding the alleged commission of an offence, its impact on the victim, the attitude of the alleged offender in relation to the offence and any other relevant factor and, in the case of a child, also means an assessment as contemplated in the Child Justice Act, 2008;'.
'diversion' means diversion from the formal court procedure with or without conditions and, in the case of a child, also means diversion as contemplated in the Child Justice Act, 2008;'.
'diversion programme' means a programme within the context of the family and community in respect of a person who is alleged to have committed an offence; and which is aimed at keeping that person away from the formal court procedure, and in the case of a child also means a diversion programme as contemplated in the Child Justice Act, 2008;'.
'family group conferencing' means a gathering convened by a probation officer as a diversion or sentencing option to devise a restorative justice response to the offence and, in the case of a child, also means a family group conference contemplated in the Child Justice Act, 2008;'.
Amendment of section 3 (e) and (f) by the substitution for the expression 'reform school' wherever it appears of the expression 'child and youth care centre providing a programme contemplated in section 191 (2) (j) of the Children's Act, 2005 (Act 38 of 2005)'.
(3) (a) If a probationer, other than a probationer who is subject to the provisions of the Child Justice Act, 2008, fails to comply with the conditions on which he has been placed under the supervision of a probation officer, a probation officer may in writing apply to a magistrate or justice of the peace for the issue of a warrant for the arrest of such probationer.
If a warrant referred to in paragraph (a) is issued, the probationer concerned may be arrested by a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act 51 of 1977), and shall be dealt with in accordance with the provisions of section 50 of the said Act, and thereupon the provisions of section 276A (4) of the said Act shall apply mutatis mutandis.
CHILD JUSTICE ACT 75 OF 2008 Page 78 of 101 of a probation officer, the provisions of sections 24 (7) and 58 of that Act apply.
The repeal of section 4B.
'foster parent' in section 1 by the substitution for the expression 'section 290 of the Criminal Procedure Act, 1977' by the expression 'section 72 or 76 of the Child Justice Act, 2008'.
'(4) The Commissioner may, in consultation with a provincial head of education, or a provincial head of social development, as the case may be, transfer a sentenced child to a child and youth care centre providing a programme contemplated in section 191 (2) (j) of the Children's Act, 2005 (Act 38 of 2005), and from the date of such transfer the provisions of section 76 of the Child Justice Act, 2008, will apply.'.
section 50 (1); and section 52 (2) (b) , by the substitution for the expression 'section 71 of the Criminal Procedure Act' wherever it appears in those provisions of the expression 'section 24 (4) (d) or 26 of the Child Justice Act, 2008'.
' (e) those placed under the supervision of a correctional official in terms of section 62 (f) of the Criminal Procedure Act or section 24 (4) (d) , 75 or 76 of the Child Justice Act, 2008.'.
This Schedule contains an exposition of the interface between the Criminal Procedure Act, 1977, and the Child Justice Act, 2008. It provides guidelines for persons involved in the application of the Child Justice Act. This Schedule does not form part of the Act and does not have the force of law . It is intended only to provide guidance and clarity in respect of the procedures contained in both Acts.
This Schedule should be seen in the context that the Child Justice Act creates numerous new procedures which are not evident from the exposition. The blank spaces in the third column indicate those sections of the Criminal Procedure Act (the CPA) which have not been affected by the Child Justice Act (the CJA) and which would still apply in respect of children.
Moreover, section 4 of the Child Justice Act provides that the Criminal Procedure Act applies in relation to children, except in so far as the Child Justice Act provides for amended, additional or different procedures.
Subsections (1) and (2) amended by Schedule 4 CJA (item (l) under amendments to the CPA).
<fn>GOV-ZA.2008075cjgg32225setEn.2012-02-10.en.txt</fn>
(Assented to 7 May 2009.
GOVERNMENT GAZETTE, 11 MAY 2009 No.
'Child Justice Act', 2008, met word.''.
Act', 2005 (Wet No.
GOVERNMENT GAZETTE, 11 MAY 2009 No. 32225 151 bevel.'
die 'Child Justice Act', 2008;''.
'Child Justice Act', 2008;''.
Justice Act', 2008;''.
<fn>GOV-ZA.2008075cjgg3222gEn.2012-02-10.en.txt</fn>
Act No. 75, 2008 CHILD JUSTICE ACT, 2008 38. (1) The child must be present at his or her assessment in terms of this Act.
excluded by the probation officer from attending because he or she has disrupted, undermined or obstructed the assessment or it is in the best interests of the child or the administration of justice.
inquire from the child whether or not he or she intends acknowledging 30 responsibility for the offence in question.
with any person who may provide information necessary for the assessment, including a prosecutor, police official or diversion service provider.
an estimation of the age of the child if this is uncertain, as provided for in section 13.
within 48 hours of arrest as provided for in section 20(5) if a child is arrested and remains in detention; or within the time periods speciï¬ed in a written notice in terms of section 18 or a summons in terms of section 19.
a warning by a presiding officer in terms of section 24(4), (5) or (6), or is otherwise obliged to appear at a preliminary inquiry and who fails to appear at the inquiry or to remain in attendance at the proceedings must be dealt with in accordance with the provisions of section 24(7), which apply with the changes required by the context.
the report regarding the detention of the child in police custody provided by the investigating police official in terms of section 22(2), if applicable; and any other information that may be relevant to the proceedings.
An inquiry magistrate who dispenses with an assessment in terms of paragraph (a), must enter the reasons for that decision on the record of the proceedings.
(a)If the child is a co-accused with one or more other children, a joint preliminary inquiry may be held if the inquiry magistrate is satisï¬ed that this will be in the best interests of all the children concerned.
If the proceedings of a preliminary inquiry are postponed in terms of subsection (1)(c) in order to note a confession or an admission or hold an identity parade or a pointing-out, the inquiry magistrate must inform the child of the right to have a parent, an appropriate adult, guardian or a legal representative present during those proceedings.
in order to obtain the written indication from the Director of Public Prosecutions having jurisdiction for the diversion of the matter in terms of section 52(3).
the child has been referred for a decision relating to mental illness or defect in terms of section 77 or 78 of the Criminal Procedure Act.
Section 50(1)(d) of the Criminal Procedure Act applies in relation to the period of 48 hours as provided for in this section.
(a) An inquiry magistrate may, subject to paragraph (b), make an order that the matter be diverted in terms of section 52(5).
if he or she is satisï¬ed that the child has criminal capacity.
may alter or extend any condition imposed in terms of section 24(4); and must warn the child and his or her parent, an appropriate adult or a guardian to appear in a child justice court on the speciï¬ed date and at the speciï¬ed time and place.
the prosecutor indicates that the matter may be diverted in accordance with subsection (2) or the Director of Public Prosecutions indicates that the matter may be diverted in accordance with subsection (3).
consulted with the police official responsible for the investigation of the matter, indicate that the matter may be diverted.
The Director of Public Prosecutions having jurisdiction may, in the case of an offence referred to in Schedule 3, in writing, indicate that the matter be diverted if exceptional circumstances exist, as determined by the National Director of Public Prosecutions in directives issued in terms of section 97(4)(a)(iii).
''a supervision and guidance order'' means an order issued in the prescribed manner, placing a child under the supervision and guidance of a mentor or peer in order to monitor and guide the child's behaviour.
A magistrate referred to in section 42, an inquiry magistrate or child justice court may order a child to appear at a family group conference in terms of section 61 or a victim-offender mediation in terms of section 62 on a speciï¬ed date and at a speciï¬ed time and place, or order any other restorative justice option in appropriate cases in the place of any of the diversion options referred to in subsections (3) or (4), or in combination with any of the diversion options referred to in subsections (3) and (4).
In the case of an offence referred to in Schedule 1, level one diversion options set out in section 53(3) are applicable and may be used in combination.
in the case of a probation officer or person who is in the employ of the State, the magistrate, inquiry magistrate or child justice court must bring the ï¬nding to the attention of the appropriate authority in order to take the necessary action; or in the case of a person who is not in the employ of the State, the magistrate, inquiry magistrate or child justice court must notify the Director-General: Social Development.
respect of diversion programmes and diversion service providers which existed at the time of commencement of this Act.
add or apply any other diversion option; or make an appropriate order which will assist the child and his or her family to comply with the diversion option initially applied, with or without altered or additional conditions.
made by the child as an admission referred to in section 220 of the Criminal Procedure Act and proceed with the trial; or the prosecutor or child justice court must, where the matter does not go to trial, decide on another diversion option which is more onerous than the diversion option originally decided on.
setting the date, time and place of the conference; and taking steps to ensure that all persons who may attend the conference are timeously notiï¬ed of the date, time and place of the conference.
Section 154(3) of the Criminal Procedure Act applies with the changes required by the context regarding the publication of information.
The child justice court must, on receipt of a report from the probation officer that a child has successfully complied with the diversion order, and if the child justice court is satisï¬ed that the child has complied, make an order to stop the proceedings.
ensure that any necessary supervision, guidance, treatment or services which form part of the sentence assist the child in the process of reintegration; and use imprisonment only as a measure of last resort and only for the shortest appropriate period of time.
for victim-offender mediation in terms of section 62; or to any other restorative justice process which is in accordance with the deï¬nition of restorative justice.
manner, indicating compliance; and in terms of section 79.
276(1)(h) of the Criminal Procedure Act.
Sentence of compulsory residence in child and youth care centre 35 76. (1) A child justice court that convicts a child of an offence may sentence him or her to compulsory residence in a child and youth care centre providing a programme referred to in section 191(2)(j) of the Children's Act.
A sentence referred to in subsection (1) may, subject to subsection (3), be imposed for a period not exceeding ï¬ve years or for a period which may not exceed the date on 40 which the child in question turns 21 years of age, whichever date is the earliest.
which, if committed by an adult, would have justiï¬ed a term of imprisonment exceeding ten years, 45 may, if substantial and compelling reasons exist, in addition to a sentence in terms of subsection (1), sentence the child to a period of imprisonment which is to be served after completion of the period determined in accordance with subsection (2).
The head of the child and youth care centre to which a child has been sentenced in terms of subsection (1) must, on the child's completion of that sentence, submit a 50 prescribed report to the child justice court which imposed the sentence, containing his or her views on the extent to which the relevant objectives of sentencing referred to in section 69 have been achieved and the possibility of the child's reintegration into society without serving the additional term of imprisonment.
If a sentence has been conï¬rmed in accordance with paragraph (c)(i), the period served by the child in a child and youth care centre must be taken into account when consideration is given as to whether or not the child should be released on parole in accordance with Chapter VII of the Correctional Services Act, 1998 (Act No. 111 of 1998).
A child who is sentenced in terms of this section, must be taken in the prescribed manner to the centre speciï¬ed in the order as soon as possible, but not later than one month after the order was made.
direct a probation officer to monitor the movement of the child to the centre speciï¬ed in the order, in compliance with the order, and to report to the court in writing once the child has been admitted to the centre.
Where the information referred to in section 71(3) is, for any reason, not available, the presiding officer may request any official of the rank of Director or above at the Department of Social Development dealing with the designation of children to child and youth care centres to furnish that information, in respect of the availability or otherwise of accommodation for the child in question.
If the presiding officer ï¬nds that the failure to admit the child is due to the fault of any official, he or she must cause a copy of the ï¬nding to this effect to be brought to the attention of the appropriate authority to take the necessary action.
Notwithstanding any provision in this or any other law, a child who was 16 years or older at the time of the commission of an offence referred to in Schedule 2 to the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997) must, if convicted, be dealt with in accordance with the provisions of section 51 of that Act.
Subject to section 77(2), the provisions of section 297 of the Criminal Procedure Act apply in relation to the postponement or suspension of passing of sentence by a child justice court in terms of this Act.
If, upon the conclusion of the inquiry, it is found that the child has failed to comply with the sentence provided for in subsection (1), the child justice court may conï¬rm, amend or substitute the sentence.
the relevant law society referred to in section 56 of the Attorneys Act, 1979 (Act No.
Where a child appears before a child justice court in terms of Chapter 9 and is not represented by a legal representative of his or her own choice, at his or her own expense the presiding officer must refer the child to the Legal Aid Board for the matter to be evaluated by the Board as provided for in section 3B(1)(b) of the Legal Aid Act, 1969 (Act No. 22 of 1969).
If a child referred to in subsection (1) does not wish to have a legal representative or declines to give instructions to an appointed legal representative, the court must enter this on the record of the proceedings and a legal representative must, subject to the provisions of the Legal Aid Guide referred to in section 3A of the Legal Aid Act, 1969 (Act No. 22 of 1969), be appointed by the Legal Aid Board to assist the court in the prescribed manner.
Criminal Procedure Act, the provisions of section 25 of this Act, dealing with the release of children on bail, apply.
The Director-General: Justice and Constitutional Development must, on receipt of the written application of an applicant referred to in subsection (1), issue a prescribed certiï¬cate of expungement, directing that the conviction and sentence of the child be expunged, if the Director-General is satisï¬ed that the child complies with the criteria set out in subsection (1).
the period of ï¬ve years, referred to in subsection (1)(a)(i); or the period of 10 years, referred to in subsection (1)(a)(ii), has not yet elapsed, if the Cabinet member responsible for the administration of justice is satisï¬ed that the child otherwise complies with the criteria set out in subsection (1).
Any rule made in terms of subsection (1) must, before publication in the Gazette, be approved by Parliament.
The objective of a One-Stop Child Justice Centre is to promote co-operation between government departments, and between government departments and the non-governmental sector and civil society, to ensure an integrated and holistic approach in the implementation of this Act.
If it comes to the attention of any court official or probation officer that a child has been used by an adult to commit a crime referred to in Schedule 1 or 2 of the Criminal Procedure Act, that adult must be reported to the South African Police Service for the consideration of a prosecution as provided for in section 141(1)(d), read with section 305(1)(c), of the Children's Act, and the fact of the adult's involvement must be taken into account when determining the treatment of the child in the child justice system.
review the policy framework within three years after its publication in the Gazette and at least once every ï¬ve years thereafter; and amend the policy framework when required, in which case the amendments must be tabled in Parliament and published in the Gazette for public comment, as provided for in paragraph (b).
the Director-General: Health.
The Cabinet member responsible for the administration of justice, after 5 development, safety and security, education, correctional services and health, may make in order to achieve the objects of this Act.
the issuing of a certiï¬cate expunging the criminal record of a child referred to in section 87(5)(b).
Every diversion programme and diversion service provider which existed at the time of the commencement of this Act may continue to operate until it has been informed of the decision in respect of its application as provided for in section 56(2)(c)(iii).
The initial regulations referred to in section 97(1) must be tabled in Parliament for approval by no later than 1 December 2009, and must be approved before the commencement of this Act, failing which they will be deemed to have been approved by Parliament.
The laws speciï¬ed in Schedule 4 are hereby repealed or amended to the extent set out in the third column of that Schedule.
Fraud, extortion, forgery and uttering or an offence referred to in the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), where the amount involved does not exceed R1 500.
Malicious injury to property, where the amount involved does not exceed R1 500.
Common assault where grievous bodily harm has not been inï¬icted.
Contempt of court.
Theft, whether under the common law or a statutory provision, receiving stolen property knowing it to have been stolen, or theft by false pretences, where the 5 amount involved exceeds R2 500.
Fraud, extortion, forgery and uttering or an offence referred to in the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), where the amount involved exceeds R1 500.
Robbery, other than robbery with aggravating circumstances. 10 4.
Malicious injury to property, where the amount involved exceeds R1 500.
Assault, involving the inï¬iction of grievous bodily harm.
Arson. 15 9.
Housebreaking, whether under the common law or a statutory provision, with the intent to commit an offence.
Administering poisonous or noxious substance.
Crimen expositionis infantis.
Exposure or display of or causing exposure or display of genital organs, anus or female breasts to any person (''ï¬ashing''), referred to in sections 9 or 22 of 35 the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Violating a dead body or grave.
Extortion, where there are aggravating circumstances present.
where there are aggravating circumstances; or involving the taking of a motor vehicle.
Sexual exploitation of persons who are mentally disabled, sexual grooming of persons who are mentally disabled, exposure or display of or causing exposure or display of child pornography or pornography to persons who are mentally disabled or using persons who are mentally disabled for pornographic purposes or beneï¬ting therefrom, referred to in sections 23, 24, 25, and 26 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
Trafficking in persons for sexual purposes referred to in section 71(1) and involvement in trafficking in persons for sexual purposes referred to in section 71(2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Any offence referred to in Parts 1, 2 and 3 of Chapter 2 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004).
the proceeds of unlawful activities referred to in Chapter 3, of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998).
The crimes of genocide, crimes against humanity and war crimes referred to in the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002).
Any offence referred to in section 13(f) of the Drugs and Drug Trafficking Act, 10 1992 (Act No. 140 of 1992).
Act No. 71 of 1968 Dangerous Weapons Act, 1968 Amendment of section 4 by the substitution for subsection (2) of the following subsection: ''(2) Notwithstanding anything to the contrary in any law contained, no person in respect of whom the imposition of a sentence of imprisonment is compulsory in terms of subsection (1), shall be dealt with under section [290 or] 297 of the Criminal Procedure Act, 1977.''.
Act No. 51 of 1977 Criminal Procedure Act, 1977 (a) Amendment of section 7 by the substitution for subsection (1) of the following subsection: ''(1) In any case in which [an attorney-general] a Director of Public Prosecutions declines to prosecute for an alleged offence- (a) any private person who proves some substantial and peculiar interest in the issue of the trial arising out of some injury which he individually suffered in consequence of the commission of the said offence; (b) a husband, if the said offence was committed in respect of his wife; (c) the wife or child or, if there is no wife or child, any of the next of kin of any deceased person, if the death of such person is alleged to have been caused by the said offence; or (d) the legal guardian or curator of a minor or lunatic, if the said offence was committed against his ward, may, subject to the provisions of section 9 and section 59(2) of the Child Justice Act, 2008, either in person or by a legal representative, institute and conduct a prosecution in respect of such offence in any court competent to try that offence.''.
138 No.
''Methods of securing attendance of accused in court 5 38. (1) Subject to section 4(2) of the Child Justice Act, the methods of securing the attendance of an accused who is eighteen years or older in court for the purposes of his or her trial shall be arrest, summons, written notice and indictment in accordance with the relevant provisions of this Act. (2) The methods of securing the attendance of an accused who is under the age of eighteen years at a preliminary inquiry or child justice court are those contemplated in section 17 of the Child Justice Act, 2008.''.
''(1) Subject to section 4(2) of the Child Justice Act, 2008, an accused who is eighteen years or older and who is summoned under section 54 to appear at criminal proceedings and who fails to appear at the place and on the date and at the time speciï¬ed in the summons or who fails to remain in attendance at such proceedings, shall be guilty of an offence and liable to the punishment prescribed under subsection (2).'
''(1A) The provisions of section 46 of the Child Justice Act, 2008, apply to an accused who is under the age of eighteen years and who fails to appear at a preliminary inquiry in terms of a summons issued under that Act.''.
Repeal of section 71. (f) Amendment of section 72- (i) by the substitution for the introductory part of subsection (1) of the following introductory part: ''(1) Subject to section 4(2) of the Child Justice Act, 2008, if an accused who is eighteen years or older is in custody in respect of any offence and a police official or a court may in respect of such offence release the accused on bail under section 59 or 60, as the case may be, such police official or such court, as the case may be, may, in lieu of bail and if the offence is not, in the case of such police official, an offence referred to in Part II or Part III of Schedule 2-''; and (ii) by the deletion of paragraph (b) of subsection (1) and paragraph (b) of subsection (2). (g) Amendment of section 73 by the substitution for subsection (3) of the following subsection: ''(3) [An accused who is under the age of eighteen years may be assisted by his parent or guardian at criminal proceedings, and any] In addition to the provisions of sections 3(g), 38(2), 44(1)(b) and 65 of the Child Justice Act, 2008, relating to the assistance of an accused who is under the age of eighteen years by his or her parent or an appropriate adult at criminal proceedings, any accused who, in the opinion of the court, requires the assistance of another person at criminal proceedings, may, with the permission of the court, be so assisted at such proceedings.''. (h) Repeal of section 74.
142 No.
''and such court, whether or not it is, in the case of a court other than a court of equal or superior jurisdiction, constituted differently than it was at the time of such postponement or suspension, may then, in the case of subparagraph (i), impose any competent sentence [which may, where the person concerned is under the age of twenty one years, include an order under the provisions of section 290,] or, in the case of subparagraph (ii), put into operation the sentence which was suspended.''.
''(i) which, in the case of imprisonment (including detention in a [reform school as deï¬ned in section 1 of the Child Care Act, 1983 (Act 74 of 1983))] child and youth care centre providing a programme contemplated in section 191(2)(j) of the Children's Act, 2005 (Act No. 32 of 2005)), exceeds a period of three months, if imposed by a judicial ofï¬cer who has not held the substantive rank of magistrate or higher for a period of seven years, or which exceeds a period of six months, if imposed by a judicial officer who has held the substantive rank of magistrate or higher for a period of seven years or longer;''.
was sentenced to any form of imprisonment as contemplated in section 276(1) that was not wholly suspended, he or she may note such an appeal without having to apply for leave in terms of section 309B]: Provided [further] that the provisions of section 302(1)(b) shall apply in respect of a person who duly notes an appeal against a conviction, sentence or order as contemplated in section 302(1)(a).''.
''(a) An accused, other than a child contemplated in the Child Justice Act, 2008, [contemplated in the ï¬rst proviso to section 309(1)(a) or] who is unrepresented at the time he or she is convicted and sentenced, must be informed by the presiding officer of his or her rights in respect of appeal and legal representation and of the correct procedures to give effect to these rights.''.
Amendment of section 316- (i) by the substitution for paragraph (a) of subsection (1) of the following paragraph: ''(a) Subject to section 84 of the Child Justice Act, 2008, any accused[, other than an accused contemplated in paragraph (c),] convicted of any offence by a High Court may apply to that court for leave to appeal against such conviction or against any resultant sentence or order.''; and (ii) by the deletion of paragraph (c) of subsection (1). (u) Substitution for section 337 of the following section: ''Estimating age of person 337. If in any criminal proceedings the age of any person is a relevant fact of which no or insufficient evidence is available at the proceedings, the presiding judge or judicial officer may, in addition to the provisions of sections 14 to 16 of the Child Justice Act, 2008, estimate the age of such person by his or her appearance or from any information which may be available, and the age so estimated shall be deemed to be the correct age of such person, unless- (a) it is subsequently proved that the said estimate was incorrect; and (b) the accused at such proceedings could not lawfully have been convicted of the offence with which he or she was charged if the correct age had been proved.''.
Act No. 38 of 2005 Children's Act, 2005 (a) Amendment of section 167 by the substitution for paragraph (b) of subsection (1) of the following paragraph: ''(b) in the care of a child and youth care centre following an order of a court in terms of this Act, [the Criminal Procedure Act, 1977 (Act No. 51 of 1977] section 29 or Chapter 10 of the Child Justice Act, 2008;''; and (b) amendment of section 191 by the substitution for paragraph (j) of subsection (2) of the following paragraph: ''(j) the reception, development and secure care of children in terms of an order- (i) under [the Criminal Procedure Act, 1977 (Act No. 51 of 1977)] section 29 or Chapter 10 of the Child Justice Act, 2008; (ii) in terms of section 156(1)(i) placing the child in a child and youth care centre which provides a secure care programme; or (iii) in terms of section 171 transferring a child in alternative care;''.
<fn>GOV-ZA.200807natschoolpostercompEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2008080101En.2012-02-10.en.txt</fn>
The Minister of Finance is releasing for public comment today the draft Revenue Laws Amendments Bills, which may be obtained from the National Treasury (www.treasury.gov.za) or SARS (www.sars.gov.za). This legislation, together with the earlier Taxation Laws Amendment Acts (introduced on 19 March 2008), gives effect to the tax proposals presented by the Minister of Finance in the 2008 National Budget as tabled in Parliament on 20 February. The earlier Acts dealt with rates, thresholds, urgent policy and administrative matters and technical corrections. The draft Bills released today address the more substantive matters previously announced. In addition to the brief overview provided by this media statement, an Explanatory Memorandum is also published to assist in interpreting the Bills.
Conversion of the Secondary Tax on Companies to the New Dividends Tax: The Secondary Tax on Companies (STC) will be converted into a Dividends Tax at the shareholder-level in line with international practice. The new Dividends Tax will contain a withholding mechanism so that the company declaring the dividend is the party mainly responsible for collection. Responsibility for collection may be shifted to intermediaries in several circumstances as a matter of practicality.
One notable point relates to the continued existence of what are popularly known as STC credits. In the 20 February 2008 media statement on the conversion, it was announced that all STC credits would be completely eliminated upon conversion to the new Dividends Tax due to concerns of administrative feasibility. However, after further analysis and consideration, it was decided that STC credits be maintained within the new Dividends Tax system for a limited period. Hence, STC credits will be available as an offset against the new Dividends Tax for a three-year transition period, after which all remaining STC credits will fall away.
It is reiterated that the new Dividends Tax will come into effect only once a number of tax treaties, that have already been renegotiated, have been ratified by the respective governments. Once these ratifications have been confirmed, the Minister of Finance will make an announcement via notice in the Government Gazette with the new Dividends Tax taking effect three months later. The target date set for the new Dividends Tax is late 2009. The proposed legislation is being enacted as part of the Revenue Laws Amendment Bills, 2008, in order to provide all stakeholders with sufficient time to adjust their systems by the target date.
As a final point, it is noted that the Revenue Laws Amendment Bills, 2008, only cover the core elements of the new Dividends Tax. A number of collateral issues must still be considered, including the taxation of foreign dividends, the taxation of deemed dividends, anti-avoidance rules (e.g. rules to prevent companies from disguising sales proceeds through pre-sale dividends). These issues will require separate policy announcements and will be addressed in 2009.
Pre-retirement withdrawals from retirement funds: In 2007, Government simplified the taxation of retirement lump sums and eliminated tax avoidance schemes at the upperend of the market. These draft Bills close this circle by simplifying the taxation of preretirement lump sum withdrawals. Pre-retirement lump sum withdrawals will henceforth be taxed as stand-alone income under the standard personal income tax structure applicable in the year of withdrawal. The current R1 800 exemption will be adjusted upward and be set at taxable income equivalent to 50 per cent of the primary rebate. This translates into a tax free amount of R23 000 in the current fiscal year although the effective date will only be 1 March 2009. It should be noted that additional pre-retirement withdrawals from retirement funds will be taxed on a cumulative basis.
The Revenue Laws Amendment Bills, 2008, also cover a number of collateral adjustments relating to withdrawals. The tax rules will be adjusted so that the defaults operate in favour of retaining funds within retirement saving vehicles. For instance, parties leaving their employment will be taxed only upon actual cash withdrawals from retirement savings as opposed to the current "accrual" trigger. Other proposals relate to the division of retirement savings upon divorce with the non-member spouse being taxed should the non-member spouse decide to withdraw the funds from retirement savings.
Very Small Business Presumptive Tax: The Revenue Laws Amendment Bills, 2008, enact a new tax regime in order to simplify the compliance burden for very small businesses (i.e. businesses with an annual turnover up to R1.0 million). The new regime allows these very small businesses to opt out of the income tax, STC and value-added tax in favour of a simplified turnover tax. Qualifying very small businesses can be either sole proprietors or companies.
Venture Capital: Access to equity finance by small and medium sized businesses is a key challenge, especially for high risk start-ups. In an attempt to overcome this difficulty, an incentive is proposed to pool investment funds for the small businesses into a vehicle to be known as a Venture Capital Company. Parties making investments into a Venture Capital Company will be eligible for a 100 per cent deduction for the initial investment subject to certain limitations. The ordinary rules for recoupments and determination of the capital or revenue nature of disposals will apply. In order to qualify for this deductible investment status, a Venture Capital Company must invest in a portfolio of small business company shares. Special rules will apply so as to accommodate junior mining exploration companies.
Industrial Policy Projects: The 2008 Budget Review provides for R5.0 billion of foregone tax revenue (over three years) in support of Governments' Industrial Policy Action Plan to attract new investments and to upgrade/expand existing plant and equipment.
R750 000 and above R20 500 + 7% of the amount above R750 000 additional deduction for employee training. This dual tax incentive will require preapproval from an inter-departmental committee with different criteria applying for greenfields projects and brownfields/upgrade projects. The level of the deductions offered under the incentive will depend on whether the project obtains ordinary or preferred status against a set of criteria that, inter alia, take into account energy efficiency, cleaner production technology, business linkages, employment creation and skills training.
Low-Cost Housing: While Government has made significant progress towards providing low-cost housing, a large gap continues to exist beyond entry level housing for lowincome earners. This gap mainly appears to be a supply-side problem. In order to provide a supply-side stimulus, an accelerated depreciation regime is proposed at a rate of 10 per cent per annum, thereby increasing after-tax returns for the providers of lowcost housing, defined as houses to the value of R200 000 excluding land and apartments to the value of R250 000. This higher rate of depreciation should assist landlords and employers to increase the supply of low-cost housing for rental. To ensure that such lowcost rental houses (social housing) are made available at reasonable rentals, the providers of such low-cost houses for rental will be expected to rent such houses at affordable rentals. A 10 per cent write-off is also proposed for employers who sell employer provided low-cost housing to employees on loan account.
Urban Development Zones: The draft Bills also revisit the accelerated depreciation regime for buildings within Urban Development Zones. Firstly, the accelerated depreciation regime will be extended for another 5 years until 31 March 2014. Secondly, municipalities with approved Urban Development Zones may seek extension of existing areas if properly motivated. Thirdly, the rate of depreciation for new buildings will be increased to a rate of 20 per cent for the first year, followed by 8 per cent for each of the remaining 10 years (as opposed to the current 20 per cent for the first year followed by a 5 per cent rate over 16 years). Low-income housing (and improvements), defined as houses to the value of R200 000 excluding land and apartments to the value of R250 000, within an urban development zone will receive a 5 per cent depreciation uplift.
It should be noted that a few miscellaneous items raised in the 2008 Budget Review remain outstanding. Most notably, anti-avoidance legislation relating to funnel schemes as announced in the media statement on 19 March 2008 is still under discussion with expected release in August 2008.
The National Treasury is scheduled to brief the Parliament's Portfolio Committee on Finance on the draft legislation on 19 August 2008. Parliament is requesting public comment on the draft Bill and will commence public hearings on 20 August 2008. Comments can be submitted to the Parliamentary Portfolio Committee on Finance and members of the public are also invited to send comments directly to the National Treasury. Comments to the National Treasury should be sent to Greg Smith by email at greg.smith@treasury.gov.za. Comments are preferred before the briefing to the Portfolio Committee on Finance on 19 August 2008 but must be received by no later than 29 August 2008. In order to facilitate the processing of these comments, all comments must be provided in the order listed as per the attached Annexure.
STC Reforms a.
Conversion from STC to dividend tax b.
Revised dividend definition c.
Company reorganisations a.
De-grouping charge b.
<fn>GOV-ZA.20080801CarnarvonEn.2012-02-10.en.txt</fn>
The Small Claims Court in Carnarvon was launched on 1 August 2008 and will go a long way towards improving access to justice for this community in the Northern Cape. The Mayor of the Kareeberg Municipality, the Office Manager of the Carnarvon Magistrates Court, a local pastor, members of the Carnarvon Small Claims Court's Advisory Board as well as approximately 100 members of the local community were in attendance.
Deputy Director of Legal Administration; Mr Reyaad Motlekar representing the Regional Office, attended and addressed the audience. Mr Motlekar explained t the purpose of the Small Claims Court and how it would assist the community of Carnarvon.
Anyone except companies, corporations or associations may institute a claim at the court. This means ordinary community members in their private capacity may institute claims. These claims may not be for amounts more than R7000. An added benefit for communities is that no money is required before or during the proceedings which makes it more accessible to the public.
Further to this, the court procedures are informal and simple and no lawyer may appear on claimant's behalf. Claimants can represent themselves, or have legal assistants or clerks of the small claims court assist them for free.
Mrs Tuis, the clerk of the Carnarvon Small Claims Court explained the procedure for instituting a claim.
This Launch is the second of its kind in the Northern Cape for the current financial year. The first launch was held in April in Victoria West and was also very successful.
<fn>GOV-ZA.2008081301En.2012-02-10.en.txt</fn>
Finance Minister Trevor A Manuel, MP, wants to join those who have expressed sorrow on learning of the senseless murder of Robin McGregor in his home on Tuesday 12 August 2008. Minister Manuel has always held Robin in high regard and is thankful for his dedication and pioneering work on economic concentration in South Africa. From the early 80s the publication he authored, "Who Owns Whom", was the reference for academics, policy makers and activists alike. The period of unbundling conglomerates and promoting economic efficiencies are tributes to his lifelong campaign. His inclusion on the Competition Board and the Standing Advisory Committee for Company Law was important to the development of policies in both these areas in a democratic South Africa. His contribution to economic policy debate did not flag. We extend our condolences to his children.
<fn>GOV-ZA.2008081401En.2012-02-10.en.txt</fn>
E-mail: Kenneth. Brown@treasury.gov.
The first quarter provincial budget statement of receipts and payments, published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 30 July 2008, covers spending for the first three months of the 2008/09 financial year, which ended 30 June 2008. It is available on the treasury website at www.treasury.gov.za.
The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury by 22 July 2008. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
In aggregate, provinces have spent 24.1 per cent or R59.8 billion of their budgets of R248.4 billion for the first quarter ended 30 June 2008. This represents a spending increase year-on-year of 36.3 per cent or R15.9 billion higher than for the same period last year when provinces had spent R43.9 billion.
Education expenditure totalled R24.8 billion or 23.8 per cent of the R104.
(41.9 per cent). The spending pattern reflects a 27.9 per cent or R5.4 billion increase over the same period last year.
Health expenditure totalled R17.1 billion or 24.7 per cent of the R69.
(27.9 per cent). The spending pattern reflects a 30 per cent or R4 billion increase compared with the same period in 2007/08.
Social welfare services (social development) spending for the first quarter of the 2008/09 financial year is recorded at 20.2 per cent or R1.7 billion of the R8.3 billion social welfare services budgets.
Total personnel expenditure, in aggregate, is at 25 per cent or R34 billion of the R136.1 billion personnel budget. These figures exclude the recent announced improvements in conditions of service (ICS), which were only effected from 01 July 2008.
In aggregate, provinces spent 18.5 per cent or R4.1 billion of their R22.2 billion combined capital budgets. This is a significant improvement of 32.1 per cent over the previous financial year, exceeding the R3.1 billion spent over the same period in 2007/08 by R1 billion.
Provincial education departments spent 14.2 per cent or R684.2 million of their R4.8 billion education capital budgets. However, this is higher by 10.4 per cent or R64.3 million more than spending over the same period of the previous financial year.
Health provincial departments also improved on capital spending. They have spent 17 per cent or R1.
11.8 per cent or R124.1 million more than the same period for 2007/08.
The greatest share of provincial capital is on the budgets of public works, roads and transport departments at 37.6 per cent. The sector spent 23.9 per cent or R2 billion against its combined capital budget of R8.4 billion. This represents a massive increase of 56 per cent or R716.6 million compared to the same period last year.
Provincial own revenue collected thus far is at 22 per cent or R2 billion of the total own revenue budget of R9.2 billion. National government has transferred R49.8 billion of the equitable share and R10.2 billion in conditional grants to provinces, during the first quarter of the 2008/09 financial year.
A more detail analysis of the expenditure outcome as at 30 June 2008 is set out in Annexure A, which also includes a comparative spending analysis for the same period over the 2007/08 financial year.
The budgeted figures for provinces are based on the 2008/09 provincial budget statements (main budgets) tabled in the various provincial legislatures during February and March 2008.
Table 1 indicates that provinces have spent 24.1 per cent or R59.8 billion of budgeted expenditure for the first quarter into the current financial year. Spending to date is at a higher level in percentage terms compared to spending against budgets over the same period in the 2007/08 financial year (20.8 per cent).
However, in nominal terms, spending is 36.3 per cent or R15.9 billion higher than for the same period last year when provinces had spent R43.9 billion. Between provinces, spending ranges from the lowest share of 21.
21.6 per cent in Limpopo, to the highest at 25.6 per cent in Free State and 25.3 per cent in Gauteng.
Eastern Cape 29 723 932 5 128 765 3 232 033 38 084 730 7 180 923 1 548 731 839 652 9 569 306 25.1% 5 714 831 67.
Free State 11 760 168 2 025 488 1 899 247 15 684 903 3 021 210 559 726 427 487 4 008 423 25.6% 2 840 005 41.
Gauteng 30 969 212 12 235 507 3 466 970 46 671 689 7 595 411 3 802 310 394 082 11 791 803 25.3% 8 120 822 45.
KwaZulu-Natal 38 369 765 7 210 990 5 520 171 51 100 926 9 807 754 1 947 359 1 062 560 12 817 673 25.1% 9 728 605 31.
Limpopo 23 422 020 4 047 232 2 163 636 29 632 888 5 537 632 529 575 335 759 6 402 966 21.6% 5 245 688 22.
Mpumalanga 14 925 239 1 946 775 1 867 605 18 739 619 3 530 893 526 595 404 312 4 461 800 23.8% 3 206 359 39.
Northern Cape 5 207 535 761 084 720 161 6 688 780 1 326 141 207 670 132 265 1 666 076 24.9% 1 225 177 36.
North West 13 063 974 2 502 826 1 370 769 16 937 569 2 940 159 614 811 256 222 3 811 192 22.5% 3 224 892 18.
Western Cape 18 720 441 4 202 298 1 985 004 24 907 743 4 166 979 860 189 260 397 5 287 565 21.2% 4 564 137 15.
Total 186 162 286 40 060 965 22 225 596 248 448 847 45 107 101 10 596 966 4 112 736 59 816 804 24.1% 43 870 515 36.
Provinces have budgeted R181.9 billion for social services, which includes spending on education, health and social development. Spending on social services is recorded at R43.6 billion or 24 per cent of the total provincial social services budgets in 2008/09.
Education 104 198 890 24 797 672 23.8% 41.5% 56.9% 19 389 333 27.
Health 69 439 904 17 125 192 24.7% 28.6% 39.3% 13 174 439 30.
Social Development 8 289 441 1 675 012 20.2% 2.8% 3.8% 1 095 376 52.
Total 181 928 235 43 597 876 24.0% 72.9% 100.0% 33 659 148 29.
Education budgets of R104.2 billion comprise 41.9 per cent of total provincial budgets. Table 3 indicates that education expenditure is at 23.8 per cent or R24.8 billion of the total education budget, an increase of 27.9 per cent or R5.4 billion compared to the R19.4 billion spent over the same period in 2007/08.
22.2 per cent and Limpopo at 22.
29.4 per cent and KwaZulu-Natal at 25.3 per cent.
Eastern Cape 17 810 197 4 144 624 23.3% 43.3% 57.2% 2 880 087 43.
Free State 6 598 569 1 607 078 24.4% 40.1% 55.1% 1 287 128 24.
Gauteng 16 629 082 3 691 388 22.2% 31.3% 52.0% 2 965 273 24.
KwaZulu-Natal 21 389 127 5 417 381 25.3% 42.3% 56.4% 4 178 294 29.
Limpopo 14 221 050 3 169 951 22.3% 49.5% 61.5% 2 662 859 19.
Mpumalanga 8 934 232 2 238 959 25.1% 50.2% 66.8% 1 726 747 29.
Northern Cape 2 601 238 766 001 29.4% 46.0% 60.6% 519 143 47.
North West 6 995 482 1 636 688 23.4% 42.9% 60.5% 1 418 449 15.
Western Cape 9 019 913 2 125 602 23.6% 40.2% 49.8% 1 751 353 21.
Total 104 198 890 24 797 672 23.8% 41.5% 56.9% 19 389 333 27.
Spending on goods and services (mostly learner support material) in education is recorded at 16.2 per cent or R2 billion of its R12.1 billion budget. It comprises approximately 11.6 per cent of total provincial education budgets, which is 0.7 percentage points more than the share in 2007/08.
The bulk of education expenditure is on personnel (78.8 per cent). Current spending on education personnel amounts to 24.6 per cent or R19.5 billion of the education personnel budgets of R79.3 billion.
Eastern Cape 13 843 318 3 120 680 22.5% 58.2% 75.3% 2 756 793 13.
Free State 4 910 055 1 273 895 25.9% 55.6% 79.3% 1 056 826 20.
Gauteng 12 315 991 2 998 831 24.3% 55.2% 81.2% 2 433 570 23.
KwaZulu-Natal 16 572 749 4 091 480 24.7% 56.6% 75.5% 3 371 327 21.
Limpopo 10 842 526 2 788 824 25.7% 61.1% 88.0% 2 370 997 17.
Mpumalanga 6 624 303 1 736 409 26.2% 63.6% 77.6% 1 382 090 25.
Northern Cape 1 953 794 515 799 26.4% 57.2% 67.3% 408 769 26.
North West 5 533 677 1 342 417 24.3% 57.7% 82.0% 1 143 829 17.
Western Cape 6 744 600 1 675 707 24.8% 53.0% 78.8% 1 353 240 23.
Total 79 341 013 19 544 042 24.6% 57.5% 78.8% 16 277 441 20.
Spending by provinces ranges from the lowest in Eastern Cape at 22.5 per cent and both Gauteng and North West at 24.3 per cent, to the highest in Northern Cape and Mpumalanga at 26.4 per cent and 26.2 per cent respectively.
Education capital expenditure is at 14.2 per cent or R684.2 million of the R4.8 billion budget. This is 10.4 per cent or R64.3 million more than the R619.9 million spent on capital over the same period last year.
Spending by provinces ranges from the lowest in Gauteng at only 2.3 per cent and Western Cape at 9.4 per cent to the highest in Northern Cape at 48.1 per cent and Mpumalanga at 27.1 per cent.
Eastern Cape 945 279 150 752 15.9% 18.0% 3.6% 3 224 4575.
Free State 443 394 64 536 14.6% 15.1% 4.0% 48 275 33.
Gauteng 635 560 14 787 2.3% 3.8% 0.4% 169 725 -91.
KwaZulu-Natal 1 259 549 124 631 9.9% 11.7% 2.3% 221 652 -43.
Limpopo 666 343 163 655 24.6% 48.7% 5.2% 76 612 113.
Mpumalanga 377 493 102 219 27.1% 25.3% 4.6% 44 274 130.
Northern Cape 42 890 20 609 48.1% 15.6% 2.7% 4 493 358.
North West 252 191 25 063 9.9% 9.8% 1.5% 14 713 70.
Western Cape 191 842 17 984 9.4% 6.9% 0.8% 36 967 -51.
Total 4 814 541 684 236 14.2% 16.6% 2.8% 619 935 10.
Health budgets totalling R69.4 billion comprise 27.9 per cent of total provincial budgets. Table 6 indicates that health expenditure is at 24.7 per cent or R17.1 billion of the total health budget, representing a significant increase of 30 per cent or R4 billion compared to spending over the same period in 2007/08.
Eastern Cape 9 746 015 2 809 381 28.8% 29.4% 38.8% 1 510 071 86.
Free State 4 287 858 1 200 596 28.0% 30.0% 41.2% 848 420 41.
Gauteng 13 889 251 3 033 064 21.8% 25.7% 42.8% 2 679 465 13.
KwaZulu-Natal 15 042 826 3 924 732 26.1% 30.6% 40.9% 3 448 952 13.
Limpopo 7 594 071 1 884 781 24.8% 29.4% 36.5% 1 335 140 41.
Mpumalanga 4 241 773 971 921 22.9% 21.8% 29.0% 669 047 45.
Northern Cape 1 773 588 426 411 24.0% 25.6% 33.8% 332 074 28.
North West 4 222 549 964 409 22.8% 25.3% 35.7% 735 923 31.
Western Cape 8 641 973 1 909 897 22.1% 36.1% 44.8% 1 615 347 18.
Total 69 439 904 17 125 192 24.7% 28.6% 39.3% 13 174 439 30.
21.8 per cent and 22.1 per cent respectively. The highest shares are recorded in Eastern Cape at 28.8 per cent and Free State at 28 per cent.
Table 7 indicates that health personnel expenditure is R10.2 billion or 26.6 per cent of the health personnel budget, a significant increase of R2.7 billion or 35 per cent compared to the R7.6 billion spent over the same period in 2007/08. This can be attributed to the implementation of the Occupational Specific Dispensation (OSD) for Nurses.
Eastern Cape 5 480 717 1 534 432 28.0% 28.6% 54.6% 1 006 003 52.
Free State 2 599 600 691 333 26.6% 30.1% 57.6% 514 280 34.
Gauteng 6 987 921 1 888 990 27.0% 34.8% 62.3% 1 401 571 34.
KwaZulu-Natal 8 707 238 2 435 258 28.0% 33.7% 62.0% 1 865 939 30.
Limpopo 4 357 296 1 096 605 25.2% 24.0% 58.2% 858 027 27.
Mpumalanga 2 307 646 602 937 26.1% 22.1% 62.0% 435 789 38.
Northern Cape 915 369 214 481 23.4% 23.8% 50.3% 177 783 20.
North West 2 268 883 597 741 26.3% 25.7% 62.0% 433 156 38.
Western Cape 4 771 834 1 154 337 24.2% 36.5% 60.4% 872 602 32.
Total 38 396 504 10 216 114 26.6% 30.0% 59.7% 7 565 150 35.
Spending on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure, is recorded at 23.8 per cent or R5.7 billion of the R24.1 billion budget. This is an increase of 25.8 per cent or R1.2 billion compared to the R4.6 billion spent over the same period in 2007/08.
Capital expenditure in the health sector is at 17 per cent or R1.2 billion. This represents an increase of 11.8 per cent or R124.1 million more than the R1.1 billion spent over the same period last year.
Eastern Cape 1 094 183 232 716 21.3% 27.7% 8.3% 59 746 289.
Free State 399 688 107 945 27.0% 25.3% 9.0% 66 147 63.
Gauteng 1 405 043 247 732 17.6% 62.9% 8.2% 280 829 -11.
KwaZulu-Natal 1 253 493 185 224 14.8% 17.4% 4.7% 308 740 -40.
Limpopo 863 562 124 537 14.4% 37.1% 6.6% 118 630 5.
Mpumalanga 518 155 63 944 12.3% 15.8% 6.6% 36 274 76.
Northern Cape 298 754 34 282 11.5% 25.9% 8.0% 25 607 33.
North West 449 382 99 011 22.0% 38.6% 10.3% 56 228 76.
Western Cape 672 620 83 846 12.5% 32.2% 4.4% 102 920 -18.
Total 6 954 880 1 179 237 17.0% 28.7% 6.9% 1 055 121 11.
Between provinces, with a varying degree of spending, the lowest rate of health capital spending is in Northern Cape at 11.5 per cent and Mpumalanga at 12.3 per cent with Free State and North West recording the highest rate of spending at 27 per cent and 22 per cent respectively.
Social welfare services budgets, at R8.3 billion, comprise 3.3 per cent of total provincial budgets.
Provinces registered spending of 20.2 per cent or R1.7 billion of their R8.3 billion budget. This represents a significant increase of 52.9 per cent or R579.6 million above the R1.1 billion spent over the same period last year.
Between provinces, there are varying degrees of spending with the lowest being in Limpopo at only 14.2 per cent and North West at 16.9 per cent while the highest are KwaZulu-Natal at 22 per cent and both Mpumalanga and Gauteng at 21.4 per cent.
Eastern Cape 1 385 123 286 347 20.7% 3.0% 4.0% 141 423 102.
Free State 536 193 108 455 20.2% 2.7% 3.7% 54 445 99.
Gauteng 1 729 184 369 333 21.4% 3.1% 5.2% 237 740 55.
KwaZulu-Natal 1 198 113 263 672 22.0% 2.1% 2.7% 177 544 48.
Limpopo 725 606 103 243 14.2% 1.6% 2.0% 81 126 27.
Mpumalanga 662 332 141 682 21.4% 3.2% 4.2% 81 522 73.
Northern Cape 357 302 70 927 19.9% 4.3% 5.6% 59 531 19.
North West 607 523 102 744 16.9% 2.7% 3.8% 78 291 31.
Western Cape 1 088 065 228 609 21.0% 4.3% 5.4% 183 754 24.
Total 8 289 441 1 675 012 20.2% 2.8% 3.8% 1 095 376 52.
Housing and local government budgets at R14.2 billion comprise 5.7 per cent of total provincial budgets.
Housing and local government spending at the end of the first quarter is at 18.6 per cent or R2.6 billion of the R14.2 billion budget (table 10). This represents a significant increase of 47.2 per cent or R847.7 million more than the R1.8 billion spent over the same period last year.
33.4 per cent and Mpumalanga at 26.2 per cent.
Eastern Cape 1 968 111 346 265 17.6% 3.6% 55.5% 134 381 157.
Free State 1 022 024 340 927 33.4% 8.5% 83.0% 106 236 220.
Gauteng 3 325 991 610 896 18.4% 5.2% 64.6% 517 782 18.
KwaZulu-Natal 2 827 509 388 023 13.7% 3.0% 57.2% 315 543 23.
Limpopo 1 158 967 212 515 18.3% 3.3% 66.4% 101 907 108.
Mpumalanga 982 049 257 149 26.2% 5.8% 70.7% 137 245 87.
Northern Cape 340 088 59 781 17.6% 3.6% 41.4% 73 369 -18.
North West 1 144 745 210 111 18.4% 5.5% 82.5% 204 777 2.
Western Cape 1 451 041 217 131 15.0% 4.1% 73.2% 203 857 6.
Total 14 220 525 2 642 798 18.6% 4.4% 67.0% 1 795 097 47.
Most of the housing and local government expenditure is on the Integrated Housing and Human Settlement Development conditional grant. Table 11 indicates that provinces spent 18 per cent or R1.8 billion of their R9.9 billion housing conditional grant. These spending figures are higher by 47 per cent or R566.3 million over the same period last year.
Eastern Cape 1 251 018 192 070 15.4% 2.0% 10.8% 51 739 271.
Free State 772 410 283 120 36.7% 7.1% 16.0% 70 953 299.
Gauteng 2 579 973 394 547 15.3% 3.3% 22.3% 386 533 2.
KwaZulu-Natal 1 575 586 221 921 14.1% 1.7% 12.5% 194 520 14.
Limpopo 783 247 141 095 18.0% 2.2% 8.0% 40 120 251.
Mpumalanga 629 210 181 790 28.9% 4.1% 10.3% 81 769 122.
Northern Cape 161 312 24 775 15.4% 1.5% 1.4% 40 505 -38.
North West 896 102 173 383 19.3% 4.5% 9.8% 175 768 -1.
Western Cape 1 203 984 159 029 13.2% 3.0% 9.0% 163 526 -2.
Total 9 852 842 1 771 730 18.0% 3.0% 100.0% 1 205 433 47.
Personnel expenditure ("compensation of employees") is at 25 per cent or R34 billion of the R136.1 billion budget. Spending to date is 24.6 per cent or R6.7 billion higher than the R27.3 billion spent over the same period last year.
24.1 per cent and 24.3 per cent respectively while KwaZulu-Natal, Mpumalanga and Free State all recorded the highest rates at 25.5 per cent.
Eastern Cape 22 266 906 5 362 947 24.1% 56.0% 15.8% 4 272 677 25.
Free State 9 008 822 2 293 089 25.5% 57.2% 6.7% 1 848 647 24.
Gauteng 21 627 205 5 429 281 25.1% 46.0% 16.0% 4 268 092 27.
KwaZulu-Natal 28 305 087 7 231 365 25.5% 56.4% 21.3% 5 785 259 25.
Limpopo 18 028 994 4 567 670 25.3% 71.3% 13.4% 3 803 142 20.
Mpumalanga 10 685 530 2 728 724 25.5% 61.2% 8.0% 2 135 635 27.
Northern Cape 3 632 478 901 579 24.8% 54.1% 2.7% 727 132 24.
North West 9 515 548 2 324 726 24.4% 61.0% 6.8% 1 926 962 20.
Western Cape 12 999 397 3 159 795 24.3% 59.8% 9.3% 2 508 226 26.
Total 136 069 967 33 999 175 25.0% 56.8% 100.0% 27 275 773 24.
By the end of the first quarter, provinces have spent 18.5 per cent or R4.1 billion of their R22.2 billion capital budgets ("payments for capital assets").
(32.1 per cent or R1 billion) than the R3.1 billion spent over the same period last year.
Eastern Cape 3 232 033 839 652 26.0% 8.8% 20.4% 184 856 354.
Free State 1 899 247 427 487 22.5% 10.7% 10.4% 252 605 69.
Gauteng 3 466 970 394 082 11.4% 3.3% 9.6% 614 410 -35.
KwaZulu-Natal 5 520 171 1 062 560 19.2% 8.3% 25.8% 928 454 14.
Limpopo 2 163 636 335 759 15.5% 5.2% 8.2% 247 348 35.
Mpumalanga 1 867 605 404 312 21.6% 9.1% 9.8% 192 050 110.
Northern Cape 720 161 132 265 18.4% 7.9% 3.2% 77 109 71.
North West 1 370 769 256 222 18.7% 6.7% 6.2% 213 920 19.
Western Cape 1 985 004 260 397 13.1% 4.9% 6.3% 403 091 -35.
Total 22 225 596 4 112 736 18.5% 6.9% 100.0% 3 113 843 32.
Table 13 provides capital spending information by province, which indicates low rates of spending in Gauteng at 11.4 per cent and Western Cape at 13.1 per cent and high rates in Eastern Cape at 26 per cent and Free State at 22.5 per cent. However, in absolute terms, KwaZulu-Natal has spent the most at R1.1 billion followed by Eastern Cape at R839.7 million and Free State at R427.5 million.
The biggest capital budgets in provinces are in public works, roads and transport departments at 37.6 per cent or R8.4 billion of the total provincial capital budget of R22.2 billion. Spending by these departments is at 23.9 per cent or R2 billion which is a massive 56 per cent or R716.6 million more than the R1.3 billion spent last year over the same period.
Between provinces, the lowest rate of spending is recorded in Limpopo at 4.6 per cent and Gauteng at 9.6 per cent, while Eastern Cape and Mpumalanga recorded the highest rates of spending at 38.6 per cent and 28.6 per cent respectively.
Eastern Cape 1 035 767 399 518 38.6% 42.7% 47.6% 114 133 250.
Free State 870 680 231 833 26.6% 49.7% 54.2% 114 837 101.
Gauteng 1 042 194 100 225 9.6% 3.3% 25.4% 144 487 -30.
KwaZulu-Natal 2 590 823 717 082 27.7% 57.7% 67.5% 370 024 93.
Limpopo 157 383 7 176 4.6% 1.7% 2.1% 6 576 9.
Mpumalanga 759 172 216 770 28.6% 44.6% 53.6% 101 381 113.
Northern Cape 319 362 65 672 20.6% 44.1% 49.7% 34 792 88.
North West 558 631 109 739 19.6% 20.8% 42.8% 132 384 -17.
Western Cape 1 021 201 147 331 14.4% 36.1% 56.6% 260 111 -43.
Total 8 355 213 1 995 346 23.9% 26.0% 48.5% 1 278 725 56.
The total conditional grant allocation is R38.7 billion (including Schedule 4 grants) with health making up the bulk at R13.7 billion.
Table 15 (overleaf) reflects spending on conditional grant allocations as at 30 June 2008 for all provinces. It excludes expected conditional grant roll-overs from the 2007/08 financial year and spending on general purpose conditional grants (Schedule 4 grants) like National Tertiary Services, Health Professions Training and Development and the Infrastructure grant to provinces, as reporting against these grants cannot be separated from the provinces' health and capital budgets.
Spending on the Comprehensive Agricultural Support Programme grant (also Schedule 4) is subsumed in a range of programmes and therefore no separate reporting is required in terms of the Division of Revenue Act, 2008 (Act No. 2 of 2008).
Against the total allocation of R23.2 billion, this excludes Schedule 4 grants, the rate of conditional grants spending amounts to 25.1 per cent or R5.8 billion. However, when excluding the Gautrain Rapid Rail Link grant, the conditional grant expenditure amounts to R3.4 billion or 17.1 per cent against a total allocation of R19.9 billion.
(5.9 per cent), Land Care Programme (6.
(9.8 per cent) and Mass Sport and Recreation Participation Programme (10.1 per cent).
Total excluding Schedule 4 grants and Gautrain exp 38 699 359 10 210 272 3 397 148 17.
Total excluding Schedule 4 grants expenditure 38 699 359 10 210 272 5 811 922 25.
Spending on the Further Education and Training College Sector Recapitalisation grant is at 47.5 per cent or R378 million and reflects actual transfers from the provincial education departments to the FET colleges.
Table 16 indicates the actual amounts transferred by provincial education departments to colleges and amounts spent by colleges, as provided by the national Department of Education. FET colleges' expenditure is at 25.3 per cent or R100.4 million of the R397.5 million received from the provincial education departments.
Table 17 indicates selected conditional grant spending rates as at 30 June 2008. It further indicates that five or more provinces have spent less than 10 per cent of their grants budgets after the first quarter for the following grants: Land Care Programme, Community Library Services, HIV and Aids (Life Skills Education) and Mass Sport and Recreation Participation Programme.
The table also indicates the number of provinces spending at slightly higher levels between 10 and 20 per cent and greater than 20 per cent of their conditional grant budgets.
Although the conditional grant rate of spending is encouraging and reflects an improvement over previous financial years, overall conditional grants spending still lies below the total provincial spending average of 24.1 per cent.
Percentages represent actual expenditure of main budget as published in the Division of Revenue Act, 2008 (Act No.2 of 2008).
Provincial revenue includes budgeted equitable share allocations of R199.4 billion, conditional grants of R38.7 billion and own revenue of R9.2 billion. The total provincial revenue received and collected to date is recorded at 25.1 per cent or R62.1 billion of total budgeted total revenue of R247.3 billion.
National government transferred 25 per cent or R49.
26.4 per cent or R10.2 billion in conditional grants, to provinces after the first quarter of the current financial year.
After the first quarter, provinces have collected 22 per cent or R2 billion of the budgeted own revenue of R9.2 billion which is closely matched or R0.5 million more than what was collected by the end of June for the previous financial year.
The collection rate varies from 18.3 per cent in Limpopo and 20.1 per cent in KwaZulu-Natal, to a high of 31.6 per cent in North West and 26.3 per cent in Eastern Cape.
Eastern Cape 927 462 243 491 26.3% 12.1% 202 005 20.
Free State 556 366 134 113 24.1% 6.6% 126 002 6.
Gauteng 2 818 890 575 250 20.4% 28.5% 515 671 11.
KwaZulu-Natal 1 591 724 320 657 20.1% 15.9% 359 316 -10.
Limpopo 530 062 97 052 18.3% 4.8% 57 649 68.
Mpumalanga 359 727 75 707 21.0% 3.8% 74 230 2.
Northern Cape 145 635 33 757 23.2% 1.7% 24 600 37.
North West 549 462 173 616 31.6% 8.6% 227 782 -23.
Western Cape 1 701 118 363 170 21.3% 18.0% 429 030 -15.
Total 9 180 446 2 016 813 22.0% 100.0% 2 016 285 0.
<fn>GOV-ZA.2008081501En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.20080818project121reportfinalreleaseEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2008082002En.2012-02-10.en.txt</fn>
Firstly, let me thank each one of you for joining us today. The 25th anniversary of the great movement, the UDF, gives us an opportunity to reflect on our own lives over the 25 years - and yes, to recall the many contributions of so many of our people, the willingness to take on assignments we were sometimes ill-equipped for, and to remember those who sadly are no longer with us. But, perhaps more importantly, it is a day for reflection - we cannot live in the past or live off past glories - we must take joint responsibility for the future. That is the responsibility and the challenge of leadership. That is the calling for both correction and the continuity of sacrifice. That is the task of this day, 25 years after the launch of the UDF.
When we stood here 25 years ago, there were so many things we didn't know. We had no clear idea of what the structure of the UDF would be and how decisions would be made - whether they were needed for regional, provincial or national activities. In this hall 25 years ago, we were blown away by the 15 000 who gathered here and the hundreds of thousands more who they represented from every corner of South Africa. We were overwhelmed by the depth and breadth of support; we were quite convinced that we had read the cracks in the apartheid armour correctly, we stood before our people quite unclear still of how we would mobilise in detail. But we understood and were clear about our common goal and we had each other to rely on.
When we stood here we had no detailed binding ideology But there were some things that we could be tested on.
A recognition of the necessity to work in consultation with, and reflect accurately the demands of democratic people wherever they would find themselves, whether in unions, community, religious or student organisations. This would resonate in all the campaigns we embarked on.
This was key to what brought us together before 20th August - these were our guiding principles. We also knew that most of those who gathered were "Charterists" - but we had no way of expressing our support for the organisation banned in 1960. And so we agreed that the UDF would not purport to be a substitute for the liberation movement. Everybody knew what that meant. The UDF was the vehicle that gave us sufficient cover for nobody to have to admit to being part of a banned organisation. What's more, the ANC in prison and in exile knew the same.
This fact is neither insignificant nor incidental. We were armed with an unbreakable trust in each other - the trust had a name -"comradeship". It allowed us to believe in each other and know that our backs would always be covered by those whom we called "comrade".
the path we were pursuing had never been walked. We took responsibility for the lives of all of our people, especially those who had yet to be committed to mass-based organisation. The historic mantle that fell on us was to take forward - not the struggles of the 80's, or the 70's, or even the 60's - we had to reconnect with the mass-based struggles led by the ANC in the 1950's - we knew the details of the Alexander Bus Boycott; the Potato Boycott; the Defiance Campaign; the Campaign for the Congress of the People and the 1956 Women's March. We knew dates, places, events and the personalities involved in each campaign. We needed this detail because advancing those struggles were the mantle of responsibility we had to assume. And there was little room for error. If this was the responsibility of history, then we quickly had to work out who to trust - we could only trust each other. We also knew that we could neither trust, nor rely on the state for anything. This was the real awakening, the genuine Vukuzenzele. This was self-reliance as never seen before. The state was the enemy - its interests were diametrically opposed to ours; its agents would try to divide us, its police would torture us. Against it we needed victories to mobilise increasing numbers of our people.
We knew that the world was a difficult place - the major powers were led by Margaret Thatcher as Prime Minister of the UK, who labelled Madiba a "terrorist" and Ronald Reagan as President of the USA. We understood that even these world leaders would find it difficult to openly support the Botha regime against the seething mass of humanity that the UDF was to become and the international support garnered by the ANC. They were distinctly not our friends, they just could not be seen to support brutality against us. We took our chances, because we had each other as the only reliable allies.
Because we only had each other, we learnt to respect one another and the different roles each and every one of us had to play in the fight for freedom. Never, would anybody say or do anything hurtful against another - a comrade. It was this, more than any ideology or strategy and tactics, that took the UDF into every nook and cranny of the vast country. And, it was this demonstrable comradeship that became the magnet for the unorganised to join with us. Our mobilising ability everywhere, especially here in the Western Cape, was without precedent. We could sing "Die Mammies, Die Pappies, die hondjies, die katjies ; is saam in die struggle." We could sing this because we knew it to be true.
But, this 25th anniversary cannot be about hankering after the 'glory days'. It is about reflection and it is about planning. So, we should acknowledge to ourselves that we have never reached those heights of mobilised and ready communities. This should be something we must aspire to.
Then came the exhilarating days of the 1994 elections. The call from Rocklands Civic Centre eleven years earlier - "We want ALL our rights, we want them HERE and we want them NOW" came to pass. Perhaps the "NOW" aspect was somewhat delayed. In the preceding decade there were too many prison nights, too many broken bodies and too many funerals of comrades. But we secured what we set out to do. It was OUR victory, it was OUR democracy, these were OUR institutions. We knew that what we didn't secure at the barricades, we won in the negotiations - frequently these victories secured only because of the force of the seething mass of humanity that was the UDF.
Then we sat back and allowed ourselves to be paralysed. That fundamental driving force of the power of organised communities, the force that carried history appeared to be replaced by the organs of state. We should have known that the state could only be a supplement, that it could not replace the organised formations of our people. But, we erred in giving up our real power. So organisations began to whither away.
Our means, the street committees and the civics were replaced with a false belief that elected councils were sufficient, and that the legislation calling for participatory democracy would be adequate. Similarly, in the UDF we had organised formations of teachers who would meet after school, and over weekends to develop the curricula for the national democratic revolution - these initiatives were thrown overboard. We allowed our teachers to argue for as little teaching time as they could get away with. The nurses and doctors who would staff clinics and hospitals whenever the people needed them - even if it was only to treat the victims of bullet wounds, appeared unwilling to do this any longer. In general, the public servants who were our mainstay for transformation, the people's professionals, those who found themselves employed by an enemy employer, suddenly their passion dried up. Our ability to deliver a deep and durable democracy focussed on improving the living standards will never be attained without the commitment of our public servants in the key social services of education, health and welfare. Similarly, we cannot secure the lives of our people in the absence of a radically transformed police service where every policeman or woman is also a developmental agent. We must now realise that the dream of a developmental state cannot ever be attained merely by parliament - we need public servants as the agents for transformation. We have the laws - for school and clinic governance and for community police forums. We have a law that requires participatory local government. But laws alone are insufficient. We must get the institutions of the people to work. We must change the relationship between the state and public servants from one shaped by industrial relations to one where the measure is transformation for development.
This is the message from the ANC's 52nd National conference in Polokwane last year. It is a message amplified by the January 8th statement this year. In that Statement we said, "Our teachers must commit to a set of non-negotiables - to be in school, in class, on time, teaching, no abuse of learners and no neglect of duty." Exactly the same message should go out to all public servants - in national, provincial and local government, without slacking or deviations.
We have the power - we won that at the ballot box in 1994, 1999 and in 2004. And we will again secure it in 2009. But it will mean less if we fail to recognise that the power of the ballot box needs to be supported by the means of organised communities acting with government. Our power will mean nothing if we fail to reignite the self-belief in our people.
Those among us who have lived through these tumultuous 25 years in history must understand a few issues. We must carefully draw on our own experiences and plan ahead.
Firstly, the UDF lit the fires of self-belief, of action and of revolution in the hearts of millions of our people who otherwise may not have given such an organisation a second thought - and we must understand that the fires we lit are not burning as brightly as they should. Our responsibility for engagement in the lives of our people has to continue. We must recognise this reality and understand that we simply cannot walk away.
Secondly, we must never allow ourselves to forget that revolutions are continuous. The bulk of what we started remains incomplete, and that is the problem.
Thirdly, we must know that revolutions are collective acts of sacrifice and commitment. Revolutionary flames are extinguished by self-serving individuals and greed. We must know this and stop the hatred, bullying and personal enrichment.
Fourthly, it is abusive to think, even for a moment that the lives of millions of people in a revolution can be sacrificed for an individual, or even for a few ideas sitting in the heads of leaders. Revolutions succeed because they address the concrete realities of the drudgery of the everyday existence of ordinary people.
Fifthly, we must know that revolutions demand discipline - both personal and organised discipline. Part of discipline is comradeship another part is offering a good example. You simply cannot earn the respect of the masses of our people by disrespecting those who have marched with you. And revolutions are acts of love by people who care - revolutions shrivel and die when the impetus for them is hatred.
When we gathered here 25 years ago, we sang of our leaders, we sang in one voice, "Tambo, iUDF iyasevumela" and we sang "Rohlihlahla Mandela, Freedom is in your hands, show us the way to freedom, in this land of Africa." Well, we need to be reminded that at his 90th birthday recently, uMadiba said to the assembled crowd, "It is in your hands."
So perhaps, learning from our own history we should sing together that Freedom is in our own hands, because history prescribes that. We must sing that we will never give up that hunger for freedom, even to our own comrades in parliament or in government while we sit on our hands expecting something. We must sing that never, never and never again will we give up what we won, what is ours and what we cherish.
There are songs to be sung, there are victories to be won, there is work.
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This media statement is being released as a final part of the package relating to the Revenue Laws Amendment Bills, 2008, which were released on 31 July 2008. The miscellaneous issues attached still needed further deliberation as at that date and are accordingly the subject of this release.
Pension Death Benefits: The proposed legislation eliminates the tax on pension fund benefits on death if these benefits are dedicated to remain within retirement and other funds such as beneficiary funds for minor beneficiaries or are utilised to provide an annuity to beneficiaries (even if a momentary withdrawal exists for recontribution to purchase an annuity).
Unbundlings with an Exempt Shareholder: Under current law, tax relief for unbundlings does not apply if the unbundling distribution is made to an exempt shareholder that receives 20 per cent or more of the unbundling distribution. The 20 per cent rule will be shifted so that unbundling relief will not apply if an exempt shareholder holds 20 per cent of more of the unbundling company.
South African Funding for Foreign Public Benefit Organisations: The proposed legislation adds a public benefit activity exemption for South African public benefit organisations funding foreign public benefit organisations engaged in public benefit activities.
Mutual Assistance in Collections: Modern tax treaties provide for mutual assistance collection procedures so that one country can collect outstanding tax debts on behalf of the other. The proposed legislation updates the domestic legislative framework in support of these procedures.
Accelerated Payment/Return Date: The proposed legislation provides the Minister with the authority to accelerate payment/return dates by up to two days for income tax and value-added tax due on Government's financial year-end (i.e. 31 March).
In view of comments already received, it was further decided that the proposed legislation dealing with passive holding companies should be re-released in revised form.
The National Treasury requests public comments on this final set of legislative issues so that the Revenue Laws Amendment Bills, 2008 can be introduced in a timely fashion. Comments should be sent to Greg Smith by email at greg.smith@treasury.gov.za or by fax to 012 315 5516. Please ensure that the comments reach us by 5 September 2008.
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MINERAL AND PETROLEUM RESOURCES ROYALTY BILLS, 2008 21 August 2008 1. Introduction Madam Speaker, as mentioned previously in this House on 24 June 2008, the Mineral and Petroleum Resources Royalty Bills, 2008 give effect to the policy framework arising from the Mineral and Petroleum Resources Development Act (Act No. 28 of 2002), the MPRDA.
The first draft of the Mineral and Petroleum Resources Royalty Bill was published by the National Treasury for comment as far back as 20 March 2003. The Bills being debated today are the fourth drafts and I can safely say that these bills have been the subject of extensive consultation and debate with all relevant stakeholders.
The tax base The Mineral and Petroleum Resources Development Act (Act No. 28 of 2002), the MPRDA, has laid out some important principles that are intended to ensure that all South Africans benefit from the vast mineral resources that South Africa are endowed with.
Based on extensive research and practical considerations it was decided that the tax base will be the value of the minerals mined, i.e. gross sales less the transport costs between the seller and the buyer of the final product (mineral). Resource rents or mineral royalties should be payable irrespective of whether mining companies make a profit or not.
The tax rate The earlier versions of the Bill provided for various specific royalty rates for different mineral resources. The need to provide some form of relief (lower royalty rates) in the case of marginal mines - both during start-up operations and when a mine is close to the end of its lifespan proved to be a challenge.
To ensure equitable royalty rates and in response to requests for relief for marginal mines a formula based royalty rate structure has been proposed. In terms of the proposed formulae (one for refined minerals and one for unrefined minerals) the applicable royalty rates will vary according to the profitability of the mining company, subject to a minimum rate of 0.5 per cent and maximum rates of 5.0 and 7.0 per cent for refined and unrefined minerals respectively. For the purpose of these Bills, oil and gas production will be subject to the refined formula. The lower rates for oil and gas are an acknowledgement that there have as yet not been major findings of these resources in South Africa.
The profitability parameter in the formulae is EBIT (earnings before interest and taxation) and it also allows for 100 per cent capital expensing. The 100 per cent capital expensing is an acknowledgement of the high capital costs associated with deep underground mining, currently in the case of gold and in future some other minerals, and of deep level sea oil and gas exploration and production.
The formulae based royalty rate structure not only provides automatic relief for marginal mines but also allows for the State to share in the upside, in times of high commodity prices. Royalty rates will tend to increase as commodity prices increase and vice-versa.
Community royalties The MPRDA protects the right of certain communities to continue to receive community royalties. These community royalties will not be allowed as an offset against royalty payments to the State. Contrary to the views of many mining companies and analysts such payments to communities are not viewed as double royalties. Mining companies and communities are also encouraged, where deemed appropriate, to convert the interests of communities into equity.
Use of revenues from Mineral and Petroleum Resources Royalties The full earmarking or ring-fencing of mineral royalty revenues is not supported. However, government is amenable to consider an on-budget spending programme targeted at mining and labour supplying communities directed at human and or local economic development, where these are properly justified, on a partnership basis. In this regard a clear framework to prioritise projects, develop effective partnerships, and governance guidelines will be critical.
It should also be noted that mineral royalties revenues will tend to be cyclical, especially given the commodity price cycle, and such revenues may decline over the long-term as a result of the gradual depletion of our mineral resources.
Concluding remarks The benefits of our vast mineral resources, some of which are about to be depleted, has historically accrued to only a few. The MPRDA lays the foundation to ensure that the mining industry transforms to the benefit of larger sections of our citizens. The Mineral and Petroleum Resources Royalty Bills, of 2008 will make a contribution towards greater transparency, sustainability and the distribution of benefits to all South Africans.
I want to take this opportunity to thank the Portfolio Committees of Finance and Minerals and Energy and their able Chairs, Nhlanhla Nene and Eugene Ngcobo for their contribution to the final version of the Bill.
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The Minister of Finance Trevor A Manuel, MP will participate in a debate hosted by the Mail and Guardian at the Gordon Institute of Business Science tomorrow, 26 August 2008. The debate, entitled "The Great Economic Policy Debate: What Does the Future Hold", will focus mainly on South Africa's economic policy?
The critical thinking forums attract decision-makers in society and are run as debates, where leaders of government, civil society and the business sector engage in robust debate on topical issues.
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It is a great pleasure for me to welcome you to Pretoria, our country's capital. I am especially pleased to note that, this year, revenue administration in Africa is receiving focused attention. This has been a long-standing issue for me in my international engagements because of its critical importance to long-run economic development. More recently, we continued discussions on this topic during the OECD's Forum on Tax Administration in Cape Town in January.
This meeting is the first of its kind in bringing a significant number of tax commissioners and senior officials of African revenue administrations together with their counterparts from developed countries and other related stakeholders. Over the next two days you will have the opportunity to examine the relationship between taxation, state building and capacity development. These areas of reform complement ongoing work on developing medium-term planning and budgeting and improving transparency. As importantly, you will be sharing experiences to enrich our understanding of what works and what doesn't, and exploring the conditions and circumstances that favour particular approaches. The aligning of reform and approach with local conditions has had a significant impact on the success or failure of public financial management reforms on the continent and globally.
While a medium-term perspective in budgeting fosters policy constancy and therefore spending effectiveness, and strengthens macroeconomic stability, it often falters when inflows into the budget are highly volatile, in turn because of poor tax practice or donor decisions. Many African countries are familiar with the problems associated with the feedback from negative economic shocks to revenue and budgeting instability, which in turn perpetuates the initial shock. Such instability can easily prevent governments from implementing medium-term perspectives required for the stabilisation of the policy environment for growth and development.
Focused and well-capacitated revenue administration is critical to minimising the damage caused by such shocks, and for overcoming longer-term structural economic weaknesses. In that spirit, it is helpful to recognise its importance to sustainable development and the prerequisites for poverty reduction, tackling education backlogs and the provision of acceptable social and health services. It is also at the core of building an effective state.
In our experience as South Africa, the reform of tax administration is at the core of the economic and social advances that we have made since the advent of our democracy. Reforming tax administration was one set of policy choices we had to make in order to attain fiscal independence and to lay a foundation for meeting the needs of our people. It turned out to be a critical one.
Other African countries have had similar experiences.
Ugandans would openly admit that the long periods of economic mismanagement in the 1970s and 1980s created a culture of tax avoidance and evasion - a time when taxation was highly predatory. By the mid-1980s, tax revenues in Uganda had fallen to a low of 5 percent of GDP. How this situation was turned around, alongside many other reform measures, is instructive. The first step in building the Ugandan revenue base was the establishment of the Independent Uganda Revenue Authority, followed by a series of tax policy reforms.
13.1 percent, which is below the region's average of about 21 percent, the important building blocks are being put in place.
Equally instructive are the steps undertaken by the Rwandan government when they restructured the separate customs and tax collection functions into a single tax collection and administrative institution called the Rwanda Revenue Authority. The importance that the Rwandan government attached to the RRA was seen in the actions that followed. An entirely new staff complement was recruited from the private sector and a new institutional structure was put in place, alongside new laws and processes that were geared towards eradicating corruption, improving revenue collection and increasing transparency.
We can all learn from each other about what works, what doesn't, why, and under what circumstances. The cooperation that will lead to stronger networking and the forging of bonds between practitioners is an opportunity that this conference presents us.
South Africa's revenue authority, SARS, has firm and cordial relationships with other administrations as exemplified in our participation in the Southern African Customs Union (SACU), Southern African Development Community (SADC), the World Customs Organisation (WCO) and the Forum for Tax Administrators of the OECD, to mention but a few. SARS' administrative infrastructure is particularly important to SACU as it collects over 90% of the customs and excise revenue within the union.
SACU is also an informative study of how one country's efforts in building a strong tax authority, combined with growth in imports, was able to grow a pool of revenue for redistribution to four of South Africa's neighbouring countries. It also is instructive in considering the importance of regional efforts to ensure that tax administration and capacity-building is coordinated.
Pressing challenges facing our continent include finding ways to escape the dependence on foreign assistance and indebtedness and in many cases the unsustainable reliance on customs revenue. An indispensable condition of this aim is the strengthening of our revenue administrations.
Effective revenue administration contributes to a country by more than simply filling its national coffers; it is an essential component of good governance. When states are obliged to bargain with their citizens over taxation, or cannot rely on coercion or external resources, then they must become more responsive to their citizens.
Revenue collection is an important enabler of development. It enables states to create the fiscal space in order to pursue their national development agendas, thereby both stabilising their sovereignty as well as serving the needs of their people.
Creating a compact with all spheres of South African society regarding the importance and obligation of paying tax.
The themes of this conference namely, "building capacity of revenue administrations" and strengthening networks between African tax administrations are necessary and urgent. Much of what we have to confront within our respective borders can only be addressed effectively if we collaborate.
Most economies are characterised by relatively small formal, predominantly urban, sectors surrounded by large hinterlands of dispersed subsistence rural agricultural producers.
Many countries are substantially reliant on import tariffs or trade taxes, particularly those involving larger companies operating within the formal economy, for the simple reason that it is relatively easy to establish control points at the border. It is evident through the concentration of revenue collection capability in this area, that tax administration skills still favour Customs operations in Africa, while global trends are shifting to the tax (income tax and VAT) arena for collection.
Owing to the predominance of informal networks of exchange and widespread poverty, personal taxation proceeds are inherently limited - a dynamic further compounded by population dispersion.
Indirect taxation might in practice pose certain challenges as it requires substantial bureaucratic effort to collect.
Many African states struggle to source upwards of 20% of their revenues from domestic sources.
But more generally, what can developing countries do The challenge is not simply to tax more, but rather to tax a larger number of citizens and enterprises more consensually?
The 21st Century has begun with some serious challenges facing the global community, significant among them being the changing role of the state, especially in the current difficult economic environment. It is in this environment that Africa, and other regions for that matter, faces its own special challenges regarding governance and sustainable state building, of alleviating poverty, and of development. It is incumbent on our governments to take responsibility for developing a healthy relationship between tax policy and administration, and for providing the necessary guidance and support for the creation of revenue administrations that can function effectively.
As Heads of Revenue Administrations, you bear the responsibility to play an important and robust role, as change agents, by providing the required strategic leadership to build the integrity and autonomy of your respective administrations, to develop the required capacity and specialised skills for your administrations to perform their functions optimally. These skills are desperately necessary if we are to collectively develop a culture of compliance in our societies.
For it is the tax administration that has to be the lead agency to create and develop this culture. Only then will we be in a position to demand of the elite and big business operating in our midst to shoulder their responsibility in developing this compliance culture. In support of this, developed countries, through their tax administrations and donor agencies, must recognise that they have to take responsibility for assisting developing countries and their state institutions through partnerships aimed at concretely building the capacity.
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I have been obliged to reflect, since being approached a few months ago, on the practical role and duties of the Chancellors of South African higher education institutions.
You will appreciate that experience in my day-job over the past few years has taught me to be wary of appointments to public office. These things bring an avalanche of paperwork and spreadsheets and incomprehensible arithmetic, they create awkwardness in relationships with your friends and comrades, they attract unwelcome media attention, they bring on headaches and anxiety and innumerable unmentionable troubles.
So it is with considerable relief that I can share with you what I have learnt, which is that the practical responsibilities of a Chancellorship are inconsequential. There is a view that suggests that these are posts tolerated for the sake of tradition, and that an institution such as this has functioned perfectly well without a Chancellor. Our universities are very cunningly governed and structured, so that the real work is done by the Vice-Chancellor and senior managers, by members of Senate, by deans and faculty boards, and by specialist committees on finance, on buildings, on libraries, on technology, on research: in short, everything that requires practical insight or intelligent discretion is kept institutionally out of reach of even the most inquisitive of Chancellors. And education is an industry in which, by design and intent, the greatest productive effort, thought and discernment are expected of fee-paying customers and unremunerated acquaintances - our students and visiting scholars - which is exactly as it should be, and it would be most disruptive on my part to suggest anything different.
I am nonetheless conscious that there is a burden of stewardship that rests on this office, which is shared by all who occupy positions of responsibility in our education institutions, that is more complex and more challenging than any of the fiscal imbalances that accompany economic misfortune and policy blunders, or the financial stresses associated with the surge and decay of market exuberances.
I am indeed honoured and privileged to have been called to serve this University as its Chancellor. I have a relationship with the institution that spans more than 3 decades - as a student; as a member of its nascent SRC; as a former member of its Council as a representative of its alumni; as a recipient of an Honorary Doctorate; as a speaker at many graduations; as an employer of its graduates and merely as a citizen - watching and observing with pride. So, I am perhaps more familiar with the realities of its transformation than most.
But, it is to my new role of trusteeship that I must turn today. The complexity of the trusteeship challenge in education arises from at least three sources.
Let me characterise the first as an information problem. There are some inconveniences in constructing and interpreting the fiscal accounts of a modern economy, and we all know, post-Enron, that business reporting is a hugely imperfect science. But these are accounting challenges that pale into insignificance alongside the problems of measuring, reliably and comprehensively, what goes on in the education production process.
The second challenge of education trusteeship is the long-lived, intergenerational nature of the knowledge and learning contract. There is no other industry in which we take such pride in marketing products that have been decades-long, centuries-long, even millennia in the making. And there is no other industry in which what we do today is so unashamedly about benefits far into the future, not just in the 40 or 50-year future careers of today's students, but also in the slow transformation of theoretical ideas into technological possibilities and eventually into industrial innovation and commercial practice.
Thirdly, there is the analytical complexity of an activity in which investment and redistribution are inseparably bound up together. In the superficial political arithmetic of the national budget, things are more straightforward. There is the redistributive impact of a progressive income tax together with poverty reduction through social assistance grants, housing, schooling and public health services. Then there is the investment in infrastructure, skills, technology and export promotion that is aimed at supporting economic growth and development. There is a category of higher education institutions, defined by academically competitive admissions and internationally peer-reviewed research aspirations, for whom the trade-off weighs heavily in favour of investment. But there is another tradition, exemplified by the American open-admission community colleges and our own further education and training institutions, in which access to learning is the bridge of opportunity that offers escape from the self-perpetuating cycle of poverty and ignorance. Many of the dilemmas and controversies in higher education policy arise from the tension between broadening access and investment in excellence, between creating openings for more learners and advancing the quality and depth of scholarship, between expanding teaching and classroom numbers and concentrating on research and academic debate.
These are age-old issues, they have been the topics of countless inaugural addresses and eminent lecture series, and they play themselves out in different ways in different countries. My purpose is not to offer any new insights, but to add a few footnotes that perhaps will assist in thinking through the challenges before us, in the 21st century, in the Cape Peninsula, and in the community of learning that our university comprises.
A few comments, first, on the measurement problem.
There is a tendency, when economic value cannot be approximated by bottom-line profits, to institutionalize a plethora of administrative reporting requirements and output or activity indicators as proxy performance measures. This keeps officials busy and may serve an accountability purpose, but far too often the exercise deteriorates into unthinking compliance with ill-considered forms and templates.
Yet, in today's world we have the tools at our disposal, the data, the recording systems, the number-crunching powers, the analytical algorithms, to replace intuition with evidence as the foundation of public policy and education management. What it takes is a determination to ask questions that probe deeper, to examine the facts from new angles, to be open to findings that will sometimes confound our preconceptions.
There is nothing new in the idea of looking for evidence, what is new is the extent of data at our disposal and the power of modern analytical techniques. Our universities and research institutions are rightly at the forefront of analysis of South African demographic trends, epidemiological patterns, labour markets, industrial processes, mining technology. But there are areas of social enquiry in which we are not yet making anywhere near enough use of available data and analytical tools. My submission to you is that the best functioning universities and colleges in the 21st century will be those that make the most aggressive use of data - data about what they do, data about how their students do, data that tracks student performance into the work place, career development, skills and earnings. We need more studies of classroom practices, we need more analysis of learning outcomes, we need tracer studies that follow students out of the classroom into their careers.
Perhaps I can whet your appetite with the intriguing case of Siegfried Engelmann's "direct instruction" approach to teaching under-performing schoolchildren basic language and numeracy skills.1 For decades, progressive educationists have argued for "childcentred" approaches to education that tailor teaching methods to the particular interests and inclinations of individual children. Drawing on his early career experience in using advertising messages to communicate marketing information to radio listeners, Engelmann in the 1960s and 1970s pioneered a rigid, rapid-fire highly scripted sequence of instructional routines in disadvantaged American schools, much to the horror of the most respected professors of pedagogics. In the 1990s, the competing methods were subjected to a series of statistical tests. The evidence so far is a resounding "yes" for prescribed scripts in the classroom and a "no" for teacher creativity and autonomy.
Well, I'm not sure I like this result. But what I do like is that teaching methods, ways of doing things in the classroom, are now being subjected to rigorous quantitative studies. For too long, we have relied on faith, good fortune or flagellation for the education of our young. It is time to bring data and evidence into the education production process.
In the context of South Africa's growth and development challenges, finding ways of making schools work better must surely be at the top of our national research agenda. The contributions of the 6 high school learners here today, and the efforts of these and their many colleagues in the essays that they read from is nothing short of uplifting. These contributions speak to the lived realities of our youth and of their faith in the power of education to intervene in the course of their lives. It speaks also to the different learning experiences in South Africa today that, almost 15 years into democracy, are still shaped by the shadow of the past, the overhang of race and class in education. But the effectiveness of educational practice is not the only aspect of education's contribution to growth and development. If our schools and colleges are to play their role as an intergenerational ladder out of poverty, and if higher education is to play its role in technology change and supporting economic advancement, then we need to continue to build more direct links between "learning" and "doing".
Madam Vice-Chancellor, the CPUT has an excellent record of partnership with industry, and stands at the forefront of cooperative education practice in South Africa.
1 Reported in Ian Ayres, 2007, Super Crunchers: How Anything can be Predicted (John Murray). See G L Adams and S Engelmann, 1996, Research on Direct Instruction: 25 years beyond DISTAR.
the skills challenges we face signal that this is exactly where we need to concentrate our planning and investment for the decade ahead.
What are the dimensions of our investment requirements If we are to achieve growth of 7 per cent a year over the decade ahead, what would that mean for our engineering and technology enrolment Many countries are asking questions of this kind, and behind rapid economic growth in countries such as China and India there is an astonishingly rapid educational transformation underway?
In many of China's cities, consolidation of universities into large, multi-campus institutions has been a feature of the transformation over the past twenty years - not unlike the reforms we have undertaken. But it is the growth of engineering and science graduates that is perhaps the most striking feature: China now produces three times as many engineers a year than the United States, and a recent study concludes that by 2010, 90 per cent of all PhD scientists and engineers in the world will be Asian, living and working in Asia. Science and education enjoys a special priority in China's current, 11th Five-Year Plan, with stress on improving the examination and evaluation components of the system to ensure that the quality of higher education is deepened.
Labour market signals and student choice influence education trends, of course, but there is also a critical role for long-term plans and deliberate orientation of higher education development to the vocational, social and industrial challenges of growth and broad-based development. I know that Minister Pandor and her Department have put institutional planning and review at the centre of our reform of higher education finance, and I entirely applaud these steps. We also need to build the analytical models and cooperative planning frameworks that will allow institutional planning to connect with investment and industrial plans in our economy and region: this has to be a more prominent part of our accelerated and shared growth and development strategy.
I should emphasise that this kind of planning is far more a process than a product, and it requires several networks of consultation and interaction.
2 Yao Li, John Whallen, Shunming Zhang, Xiliang Zhoa, 2008,, The Higher Educational Transformation of China and its Global Implications, National Bureau of Economic Research Working Paper 13849.
centre of expertise in this undertaking. And I would emphasize too, Madam Vice-Chancellor, that our work lies not only at the apex of technological advancement but also in its more pedestrian applications and detours. Indeed, if we are to play our role as a vehicle of broad-based transformation, then our efforts have to largely focused on widening access to technical skills and applied knowledge, including both credit and non-credit or short-course programmes. Or as Dr Gail Mellow, President of the LaGuardia Community College in New York City, puts it - in a baseball metaphor that needs no translation to a cricket pitch - we need a post-secondary system that serves as "pinch-hitter for the gaps in the (school) system, and clean-up batter for business and industry."3 It is this transformative power, over lives and aspirations, over capabilities and human achievements, that is the engine of broad-based, sustained economic growth and development.
The idea that education is a vehicle for social mobility, that it can overcome hereditary privilege or even class barriers, is not new - it found expression as readily in America's liberal tradition as in Europe or Britain's socialist reforms in the mid-twentieth century.4 The rising wealth gap, more or less everywhere in the world over the past twenty-five years, is pause for thought: education is clearly not enough. Yet, without progress in education, without rapid progress in both the quality of schooling and access to higher education opportunities, there is no plausible prospect for rising prosperity or broader participation in the modern economy.
And so I am obliged to admit, despite the happy absence of practical content in the duties of a Chancellor, that the challenges of governance in our higher education institutions are formidable. We exercise trusteeship over activities that can only indirectly be measured or evaluated, our understanding of the economic and social linkages that give meaning to what we do is hazy and incomplete, and there is a greater project of social transformation that rests, at least in part, on a successful negotiation over the decades ahead of an education improvement process that we only partially comprehend.
Education for a Classless Society.
The dedication and commitment of this University's staff to their work and their students, the professional competence of the administration and the wisdom and farsightedness of an extraordinary leadership team are the lodestars, of course, on which a course can be charted through even these uncertainties. I am greatly honoured and privileged to have the opportunity to share in the journey that lies ahead.
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Finance Minister, Trevor A Manuel, MP, together with SA Statistics Council Chair, Howard Gabriels and Statistician-General Pali Lehohla, would like to extend their condolences to the family, friends and colleagues of Professor Lionel Slammert. Professor Slammert passed away on 28 August 2008 after a long battle with cancer.
Professor Slammert was appointed to the SA Statistics Council in April 2005 and served as chair of the Economic Statistics Committee of the Council. He made valuable contributions to StatsSA, particularly during the re-engineering of such major series as the CPI and the Labour Force Survey. Professor Slammert was also a respected academic, with his interest and expertise lying in the field of mathematics. He displayed a lifelong commitment to education, serving as a lecturer and professor at more than one tertiary institution, and as a dean at the Cape Technikon. At the time of his death, Professor Slammert served as Deputy Vice-Chancellor at the Durban University of Technology.
The contribution he made to statistics in South Africa is greatly appreciated, and the dedication displayed throughout his service on the SA Statistics Council will be missed.
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The Department of Justice & Constitutional Development as the lead department for the Criminal Justice System (CJS) Review Project is conducting seminars to review the CJS within the Justice Crime Prevention and Security  (JCPS) cluster. This process started in Polokwane on Monday 1 September 2008.
The objective of the review is to identify blockages in the Criminal Justice System and to make recommendations for improvement. Several seminars will be undertaken where presentations will be made by eminent experts from academic institutions and Criminal Justice System stakeholders. The project leader within the Department is Ms Siegrid Schulenburg.
There have already been several media adverts running to solicit inputs from the public and all stakeholders in relation to improving the way in which the CJS deals with court case delays, awaiting-trial detainees, bail, sentencing, case flow management from the scene of crime, petty crime and managing of safe keeping of dockets.
The CJS Review treats communication with the public as a critical aspect to promote a clear, simple and common understanding of the review process and to restore public confidence in the whole Criminal Justice System.
Developed and maintained by the DOJ&CD [2008].
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The National Treasury will subject to market appetite, switch the R153 government bond with a coupon of 13.0% maturing on 31 August 2010.
The switch auction will be conducted on 11 September 2008.
The destination bond for the auction is the R208 (6.75%: 2021).
The Terms and Conditions of the R153 (13.
The source bond for this auction is the R153 (13.0% : 2010) and the destination bond is the R208 (6.
Participants should switch from the source bond into the applicable destination bond mentioned above.
Participants should submit their bids for the destination bond at competitive yields.
Participants should submit their offers to switch a nominal amount of source bonds, at the released indicative yield, into the destination bond.
16.1 A facility is available to successful participants to top-up any odd-lots of the destination bonds allotted to the nearest R1 million.
16.2 The top-up amounts will be sold to the participants at their respective allotted yields/prices.
16.3 This facility will be available until 12h00 on the following business day and the SARB dealing desk can be contacted in this regard.
16.4 Odd-lots will settle on a T+2 basis.
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Managing Director Dominique Strauss-Kahn of the International Monetary Fund (IMF) today announced the appointment of a committee of eminent persons to assess the adequacy of the Fund's current framework for decision making and advise on any modifications that might enable the institution to fulfill its global mandate more effectively.
"Important progress has been made in the reform of the Fund's governance, including the initiation of a process to realign members' voting power within the Fund. However, the task of enhancing the Fund's legitimacy and effectiveness must also come to grips with the question of whether the significant changes since the establishment of the Fund require reform of the institutional framework through which members' voting power is actually exercised. Among other things, this requires careful consideration of the respective roles and responsibilities of the Board of Governors, the International Monetary and Financial Committee (IMFC), the Executive Board, and Fund Management," Mr. Strauss-Kahn stated.
"The committee's perspective, which I hope to have by next April, will provide yet another important input to our reform efforts, which have benefited recently from important work by many groups and individuals, including the Fund's Independent Evaluation Office; the Fund's Executive Directors, who have formed a working group to focus on these issues; numerous academics and analysts; and civil society groups. I want to thank these eminent persons for agreeing to bring their experience, expertise, and wisdom to bear on the on-going reform of IMF governance. It is my hope that concrete proposals can be distilled from this large body of work by September 2009," Mr. Strauss-Kahn added.
The IMF is governed by, and is accountable to, its member countries through its Board of Governors. There is one Governor from each member country, typically the finance minister or central bank governor. The Governors usually meet once a year, in September or October, at the Annual Meetings of the IMF and the World Bank.
Key policy issues related to the international monetary system are considered twice a year by a committee of Governors called the International Monetary and Financial Committee, or the IMFC. A joint committee of the Boards of Governors of the IMF and the World Bank-the Development Committee-advises and reports to the Governors on development policy and other matters of concern to developing countries.
The day-to-day work of the IMF is carried out by the Executive Board, which receives its powers from the Board of Governors, and the IMF's internationally recruited staff. The Executive Board makes key decisions as well as selects the IMF's Managing Director, who is appointed for a renewable five-year term. The Managing Director reports to the Board, serves as its chair and is the chief of the IMF's staff, is responsible for ordinary business subject to the direction of the Board, and is assisted by a First Deputy Managing Director and two other Deputy Managing Directors.
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President of the General Assembly Dr. Srgjan Kerim
Allow me first to thank the co-facilitators, Ambassadors Johan LÃ¸vald and Maged Abdelaziz, for the excellent work they have done in putting together the draft outcome document. Theirs was a difficult job, done well.
I would like to take this opportunity to also say that we look forward to working with our Qatari friends and Assistant Minister Al Rumaihi in particular, to make Doha a success. They too have been given a difficult task, but one that we all have no doubt that they will spare no effort to ensure a successful outcome. Failure, after all, is clearly not an option.
When he appointed us, the Secretary General gave the Special Envoys the task of working to build the profile of the FfD process. It is also a heavy burden.
But, to make this job easier, we will look to you, the negotiators, to undertake the most difficult task of all: to agree on a clear and ambitious conclusion; one that we can all embrace with pride at Doha.
The Millennium Summit and the Monterrey Consensus were unprecedented declarations in the modern world. At the turn of the century the community of nations agreed on a set of ambitious measurable goals which, if realised, would put us on the path to defeating poverty in our lifetimes. We rightly placed this struggle at the centre of all global debates.
We did so in the certain knowledge that development is the only certain pathway to peace and security. If any of us doubted the truth of this conclusion, the terrible events that soon followed silenced even the most sceptical.
On Thursday this week we will commemorate the anniversary of the tragic events that scarred the heart of New York City on 11 September 2001.
As the dust settled, world leaders were driven forward, determined that a new global partnership must be forged. We had seen that systemic poverty is the ultimate systemic risk; that continuous war could only be averted through development. The choice appeared stark and clear: war or peace, poverty or development.
Six months later we gathered in Monterrey and agreed on ambitious 'ways and means' to deliver on the promise of the Millennium Summit. In doing so, Monterrey made a choice in favour of peace and development.
These visionary commitments depended on a new spirit of cooperation which we all embraced. Each of us needed to take action, not because 'the other side' demanded it of us. Not because non-compliance would result in sanction or reprimand. We took action because we knew that adherence to our agreements and implementation of these actions were in our own very best interest.
It was an historic moment, made possible because the old zero-sum politics of cold war blocs had collapsed. The dead-weight of 'group think', which had held back consensus for more than a generation, finally lifted. In its place we were able to build a new partnership based on solidarity, mutual respect and collective action.
But the decisive moment at Monterrey was also born of the realisation that not to choose development, meant to choose war. To choose development we needed to put aside the many issues that divide us, and build a consensus.
Looking back, we must examine how we acted to translate these words into facts on the ground. Having done so, we should ask some tough questions. Was there real substance to the consensus we forged Was it rooted in an analysis of the cold facts on the ground, or the product of a false sense of millenarian destiny Was the commitment genuine or was it an attempt to buy an insurance policy with words?
Heads of state concluded their statement in 2002 with the words, "We call for a follow-up international conference to review the implementation of the Monterrey Consensus" (paragraph 73). Responding to this directive is the central task of our work in Doha, to ask if we have done what we said we would.
Have we succeeded in changing behaviour Have we acted to choose peace and development Or has development once again been demoted behind the seemingly more urgent priority to make war?
Looking at where the money goes, we might not like the answers. World military expenditure is estimated by the Stockholm Institute to have been $1.3 trillion in 2007. Compare this to the $104 billion spent on ODA!
Military expenditure amounted to 2.5 per cent of world GDP. As reported last week by the Secretary-General's MDG Gap Task Team, ODA from DAC members represents only 0.28 per cent of their aggregated national income.
Aid flows dropped by 4.7 per cent in 2006 and a further 8.4 per cent in 2007. The Stockholm institute reports that military expenditure increased by 3 per cent in 2006 and by 6 per cent in 2007.
These cold facts suggest that since Monterrey we have done the opposite of what we said we would do, that we have chosen war instead of peace.
Since we reached consensus at Monterrey, new and unexpected developments have conspired with our own lack of action to change the world we live in.
The road ahead appears far less hospitable than the one in our rear-view mirror. We will walk the second half of the journey to 2014 in the shadow of three intertwined crises of Food, Fuel and Finance.
Economic growth lifted so many out of poverty since the turn of the century and placed the attainment of MDG 1 within our reach. This may falter in the period ahead.
The three F's will cut directly into the incomes of the poorest and put pressure on the resources available for social security, education and health care.
This in turn will threaten to undermine the coherence and consistency of the international monetary, financial and trading systems in support of development.
Mobilising resources will become that much more difficult, whilst the spectre unsustainable debt will once again haunt low income countries.
Perhaps most perilously, the crisis could provide grist to the mill of inward looking forces that seek to cast global partnership in the role of an enemy of the national interest.
Each and every pillar of the Monterrey Consensus relates directly to these challenges. This is partly because the path to realising our goals is threatened by the crisis. But it is also because the surfacing of these threats, at this time, is a consequence of our own inaction since Monterrey.
It is a crisis borne of our collective failure to balance the world economy. Its consequences expose the daily human cost of insufficient action on development cooperation. Our apparent inability to build a common global response highlights the continuing challenge of creating a more democratic system of global economic governance.
Therefore, had decisive action been the consequence of the visionary words we pronounced in 2000 at the Millennium Summit, in 2002 at the Monterrey Summit or at the World Summit of 2005, the extent and depth of the crises would have been less, while the collective resources at hand to respond would have been greater.
To this extent, the food and fuel shocks and global financial turmoil are a bellwether of the consequences of broken promises. They are a signal of our failure, but also a timely call to action; a message from providence urging us to respond with the necessary haste and foresight. We must translate the dangers into a spur towards a renewed sense of urgency and global partnership.
Unfortunately, thus far we have not succeeded in rising to the challenge.
In June, we gathered in Rome to respond to the food crisis. Unfortunately, we were unable to find each other in the fullest measure required. Some nations even made concluding statements objecting to the declaration, reflecting a broader absence of unity and cohesion in the family of nations. Our inability to find consensus on such a basic human need as food security is a tragic reminder of the dangers we face.
The following month we gathered in Geneva in the hope of moving forward with the Doha Development Agenda on trade. We were so close, yet apparently so far apart from each other. Consequently, a key pillar of the Monterrey Consensus is held hostage.
But I believe there is still cause for hope.
In a few weeks, world leaders will meet again in New York for two critical meetings, on Africa's special development needs and on the Millennium Development Goals. As we did in 2002, our task at Doha will be to transform the commitments made into ways and means.
We believe that the Doha outcome can and should seek to revive the flagging spirit of global solidarity. It must give the peoples of the world confidence that clear and decisive action will be taken, and that it will be backed by concrete allocation of resources.
We all know that, in an inter-connected world economy, financing development is a complex challenge. A great number and diversity of actions are required, whilst each task is inextricably linked to a host of others. Implementation needs coordinated work amongst a multitude of actors.
The draft outcome document reflects the complexity and broad scope of this agenda. But, in the coming months we must cut through this dizzying complexity and focus only on the most important and most urgent challenges.
Building on the example of Monterrey, we must once again express the urgency and ambition of our intentions.
The document we emerge with should firmly establish the fact that, when we made commitments at Monterrey, we agreed that we would be held to account for our actions. At Doha we should have the confidence to be able to acknowledge our successes and shortcomings to each other in the spirit of honesty and fairness.
Only on the basis of a fair assessment of progress to date will we be able agree on the way forward. Only on the basis of answers to the difficult questions I posed earlier, can we hope to generate the change in actual behaviour that is required.
At Doha we would like to have consensus, but we also need to signal that it is time to change. We want both consensus and change, and we also want consensus that change is required. But the most important thing is not that we reach consensus. The most important thing is that we see change.
Already the Secretary-General's MDG Gap Task Force has provided an indication of the kind of commitments that would need to be considered as part of the outcome of the Monterrey review.
It proposes for instance an increase in aid flows to support core development programmes by $18 billion a year until 2010. It also recommends that $6.4 billion additional aid be allocated to Africa and that aid flows to LDC's should increase by an average of $8.8 billion.
Clearly the quantity of aid cannot be separated from the question of its quality. And so the report also recommends that we consider how to accelerate progress towards the alignment of aid, harmonisation, management for results and mutual accountability.
Last week, I attended the Accra High Level Forum on aid effectiveness which emerged with an important contribution. I want to stress that this is a vital issue for developing countries, especially those that continue to rely on aid for a significant part of their financing. Large numbers of donor missions, each refusing to collaborate with the others, results in confusion and undermines development.
"On average, there are now some 33 donors for each country. In 2007, these donors conducting an astonishing 14,000 missions to 54 countries, and only 18 per cent of those were done with another donor. The average country hosts 260 donors a year. Vietnam had 752 in 2007. Tanzania had 407 and that was only because Tanzania has imposed some quiet periods to allow its ministers to work and not lead missions. Cambodia had 22 different donors in the health sector alone, with 109 separate projects. And as we had more donors, we had more transactions of smaller sizes. So, in 2006, there were more than 70,000 aid transactions, the average project size was $1.7 million."
The question we could pose for Doha is how we bring these important principles, such as national ownership, the use of country systems, aid harmonisation and mutual accountability into a common framework to which we could all adhere.
Can we emerge with a consensus in Doha that brings together the debates on aid sufficiency and aid effectiveness, and which also embraces the distinct patterns of both North-South and South-South development cooperation?
Of course, in the longer term we should seek a world where no country is dependent on aid. To do so it is vital, as suggested in the Draft Outcome Document to strengthen cooperation and capacity of developing countries in the area of tax collection.
Doha should also directly confront the danger that Africa, more than any other continent, may fall short in realising the MDGs. The Monterrey Consensus recognised, as does the forthcoming High Level Forum, the special development challenges that the continent faces. I hope that the Doha outcome document will also address this.
We must map the path ahead by making clear commitments on how resources are to be mobilised and by whom. It must detail the concrete set of actions that are required to take us forward. The outcome must focus our attention on that which is critical to guide us towards the conclusion of the work we started in 2002.
We cannot accept less than what we were prepared to accept seven years ago. And if we emerge with nothing in addition to the Monterrey Consensus, this will simply send the signal that there has been no progress since.
Doha must take us beyond Monterrey, and it must do so with the same simplicity, elegance and urgency that was evident at Monterrey.
It is a tall order.
Over the next two days you will begin this work on behalf of all of us. It is a heavy responsibility. We look to you to demonstrate the courage and skill to give form and content to our collective ambition.
We wish you well in the negotiations.
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The Annual Steve Biko Memorial Lecture is a flagship of the Steve Biko Foundation, and has taken place annually since 2000. It is intended to provide an opportunity to reflect upon the legacy of Bantu Stephen Biko in relation to contemporary issues, particularly regarding the challenges of development and nation building. The lecture has in the past been delivered by luminaries such as former president Nelson Mandela, Archbishop Desmond Tutu and President Thabo Mbeki. Attendees include political leaders, members of the international community and local community members.
Please note that seating is on a first come, first served basis.
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I cannot sufficiently express the honour bestowed by the invitation to deliver this 9th Steve Biko Memorial Lecture. I want to sincerely thank the members of both the Biko family and the Biko Foundation for the privilege they thus bestow. I also want to express my deep appreciation to each of you for being here - your time and energy are amongst your greatest assets - thank you for giving up some of it to be here.
This lecture takes place at a time when, as a country, we are going through some trying growth pains; together we are searching for inspiration, seeking guidance and yearning for leadership. Our country is undergoing a complex and sometimes painful examination of its foundations, its values and its institutions. It is at times such as this that a nation has to dig deep within itself, take careful observations and focus on repairing its soul. During such trying times, it is not uncommon for us Africans to seek the wisdom of our departed ancestors, and it is the life's work of Bantu Steve Biko that we today look to for such wisdom.
Biko's writings speak less of his attitude towards the racist governors than it does about the psychology and consciousness of the oppressed. He understood then as we must now, that the consciousness of the poor, and their active participation as agents of change in their own lives is the key to democratic transformation. For these beliefs, Biko gave his life in the name of freedom and democracy. For this, we owe him a debt of gratitude and he certainly deserves his rightful place in our collective memories.
There cannot be any doubt that from the point of the decision to establish a Black Student movement, to every living moment until Steve's last breath on 12 September 1977, and beyond that to the elections of 27 April 1994 and indeed until today, the focus of our passions and energies has been and remains the fundamental transformation of society.
The struggle for the humanisation of society and for the full realisation of human rights has always been an important dimension of the broader struggle. With some variation, this was the cornerstone of the policy statements of every organisation ever convened to mobilise for freedom. But, if it were ever merely a struggle for human rights, we could have declared mission accomplished' in 1994 when we retooled and took over all of the key institutions of government. In many respects, that moment, at the start of 27 April 1994, when the orange, white and blue flag was lowered for the last time and the flag which has come to symbolise democracy was first hoisted, was for us a less militaristic equivalent of the arrival of the triumphant revolutionary forces marching into the conquered city. In all of the revolutions that so inflamed our passions, the question was what happened after the troops arrived - and so for us, the question has to be what happened after we pronounced our own triumphs.
How do we want our successes to be measured Is it the number of millionaires we create or the opportunities we create for the poor we lift out of poverty Would it be in the number of Black people who now own expensive German sedans, who enjoy 7-digit salaries or occupy estates valued at many millions of Rands The more appropriate measure is rather to be seen in the profile of poverty that still manifests the same features of race, class and gender that obtained in December 1968 when "those angry young men walked out of NUSAS to establish SASO." The harsh and ugly truth that confronts us is that forty years after the establishment of SASO and almost fifteen years into democracy, the everyday lives of many of our people remains as uninspired and as filled with despair as it was then. Surely then, a better measure of our collective success is in the numbers of black people who are lifted from poverty; in the measurable interruption of intergenerational poverty and in those instances where we use the power of the state to countervail to take families and communities out of the shadow cast by apartheid's history of denial?
If one were to step outside of this great auditorium and stand on the Jameson steps, one would see both the squalor of many of our townships and informal settlements as well as the stark inequalities that still dominate our cityscapes. The areas where there is a high crime rate are also the areas with the highest TB infection rates. They are also the areas with some of the worst performing schools. We can see the poverty, pockets of mediocrity, where lives have not changed.
Biko's writing on consciousness reminded me of a quote by Karl Marx on the same matter. "It is not the consciousness of men that determines their being, but, on the contrary, their social being that determines their consciousness." Where the physical environment and poor quality of public services combine to create a sense of abandonment, despair takes root. Such despair finds an outlet in action against others who appear to be escaping it - whether they be peers determined to find a way out, women in the neighbourhood, a family who has a few more earthly possessions, or families who speak a different language. What we observe are base instincts that threaten the objectives of freedom and democracy. It is the absence of consciousness that sees some of the worst excesses of crime and social ills in areas such as Nyanga, Khayelitsha, Mitchells Plain and Manenberg, all almost with the sights of Jameson Hall.
We must appreciate that these areas are also home to many of the families who sacrificed greatly to deliver democracy. We must be aware that in all of these areas there are activists who are working hard to roll back this apparent tide of despair. We must pause to consider why this terrible reality exists in the lives of our people.
Perhaps there is something consistently wrong in our communication of the message of freedom - perhaps we have lulled our people into a sense that the struggle had ended at the precise moment when the flag changed. Perhaps it was because we facilitated in the demobilisation of the organs of civil society that had, after all, been the engine of the Mass Democratic Movement - and I use the word 'facilitated' because the demobilisation occurred because the individuals who led these organisations were needed as public representatives and public servants. Or perhaps this happened because those who went into government lost their bearings and replaced everything we understood about social solidarity with a notion of cash transfers - more pensions, and grants.
We ask these questions because this is a moment where we are searching for guidance from ourselves. Perhaps it affords us the time to reflect, to take stock of the unemployed, to understand why we witnessed the appalling violence. And we must understand this knowing that moments of crises can become moments of opportunity. As Roberto Unger, a Brazilian philosopher and now a Minister in President Lula's Cabinet writes, "the internal dynamics of societies - the revelations of inescapable conflicts and missed opportunities - are the proximate cause of their transformation."
I am sharing this with you speaking as a Cabinet Minister, as a Member of Parliament (both of which I have been since 1994), and as member of the National Executive Committee of the African National Congress. In sharing these examples, I speak of work undone. Some might be of the view that it is wrong for somebody occupying the positions I do to be this candid - or to talk so frankly. Some might even say that I am being reckless since our fourth democratic elections are scheduled in just a few months and opposition parties will feed on this story. I disagree with those views. We must recognise that there are a series of remarkable achievements in South Africa since the dawn of democracy - and I can quote figures and examples chapter and verse. We have made good progress in extending schooling, in broadening access to health care, in extending social security, in providing people with housing, water, sanitation and electricity.
But our quest is for a democracy that must have a palpable presence in the lives of all of our people. Understanding the xenophobic violence that occurred is by no means an attempt to justify it or legitimise it. On the contrary, it is a call to action, a call for a consciousness of what our priorities should be and where we are failing. The violence that racked our country is a reminder that our struggle is for a transformed society and we need to understand what remains untransformed. Our determination is to serve our people and, I am afraid, that if we don't know our people and we don't know of their lives, then we are probably serving only ourselves and our consciences.
It is to try and understand those gaps that exist between our very best endeavours in government - in the laws we pass, the finances we allocate, the policies we have adopted and the pubic servants we employ - between all of that and the lived reality of our people's lives that we return to the source of our inspiration today.
Steve Biko wrote "It is perhaps fitting to start by examining why it is necessary for us to think collectively about a problem we never created. In doing so, I do not wish to concern myself unnecessarily with the white people of South Africa, but to get to the right answers, we must ask the right questions; we have to find out what went wrong where and when; and we have to find out whether our position is a deliberate creation of God or an artificial fabrication of the truth by power-hungry people whose motive is authority, security, wealth and comfort, in other words, the "Black Consciousness" approach would be irrelevant in a colourless and non-exploitative egalitarian society. It is relevant here because we believe that an anomalous situation is a deliberate creation of man." Well, we have confirmed that the country we know, our South Africa, almost fifteen years into democracy remains, despite our best efforts, a country quite far from the "colourless and non-exploitative egalitarian society" that Biko wrote of. So the issues of consciousness have to be as relevant now as they were then. Freedom must be about conscientisation.
Biko's lesson for the debates in our society speak of people's consciousness, of their understanding of empowerment. Empowerment, in turn, is about giving people a stake in democracy, in energising democracy. It speaks of a necessary shift from a mere focus on representative democracy to the imperative of an energised democracy.
What constitutes an energised democracy It surely cannot be the mere occupation of the institutions of democracy (and they are ours in all the arms of government - the Legislature, the Judiciary and the Executive) and the ability to pass laws. We are after all past masters at writing statute - we have passed 1 221 pieces of legislation since 1994. Roberto Unger discusses the concept of a high-energy democracy. He calls for 'a set of institutional arrangements that ensure a continuing high level of organized popular engagement in politics'. He goes on to say, 'a cold, demobilised politics cannot serve as a means to reorganise society. A hot, mobilised politics is compatible with democracy only when institutions channel its energies. It is a goal that can be achieved as the cumulative and combined effect of many devices.?
Unger explains what it means to establish a high energy democracy: "one that permanently raises the level of organized popular participation in politics, engages the electorate as well as the parties in the rapid and decisive resolution of differences and equips government to rescue people from entrenched and localised situations of disadvantage from which they are unable to exit by the normal forms of political and economic initiative."
In drawing inspiration from Unger, there are two elements of an energised democracy that I wish to discuss in some detail today. The first is the role of people and communities in energising democracy. The second relates to a social compact, defining a common understanding of each of the rights and responsibilities of various social formations in energising our democracy, in deepening the gains of our revolution and in improving the lives of all of our people.
Biko's writings sneer at the notion of a passive mass of poor people waiting for a government or a leader to deliver unto then what they seek. He also detested a perspective of development as something that government hands out to people as though it were some type of product or commodity. Under apartheid, it was abundantly clear that development was not a gesture of goodwill conferred by the state. In many respects the starkness of the contradiction between the state and the people focused the mind then. It would have been antithetical to all that defined us and our notions of freedom to believe, even momentarily that they came as gestures of goodwill. Instead, development has to begin with a consciousness amongst people that they have power.
Now, they have the power to elect their own representatives, to hold them accountable, to build institutions of democracy, to talk to each other to resolve differences, to demand functioning public services. People must have the consciousness to understand what development means, to understand what empowerment means, for these are not goodies handed out from mountain tops or at the local welfare office.
Professor Zakes Mda, in the 2001 Biko Memorial Lecture made the following observation, ' Steve Biko and his colleagues did not only take our culture from a protest mode to that of challenge and resistance, they were hands on activists who established practical community development projects. These men and women went beyond moaning and whinging about the plight of black people; they made their hands dirty building health centres and running them, and facilitating the establishment of communal gardens in marginalised communities. In this way, they aimed to inculcate values of self-reliance and self-development in addition to self-esteem, self-respect and self-confidence'.
I am not suggesting that government must abdicate its responsibilities. Government has roles and responsibilities that it must play and play more effectively. What I am calling for is for more peoples' power, for a deeper understanding of development and for a richer discourse on empowerment.
Let us accept that distorted notions of democracy abound. There are people amongst us; including in government, who want to nurture the notion that empowerment is something that can be dispensed; or worse, that empowerment is exclusively about conferring some right to the rapid accumulation of material wealth. Frequently this arises for self-serving reasons of power over the lives of others. Government cannot deliver development single-handedly, it can and must partner with active and conscious communities to effect real transformation. Yes, government delivers housing or health care or schooling, but these things only contribute towards development if there is a deeper consciousness about what development is. A patronage-serving culture of delivery and empowerment constitute significant threats to our value system and our notion of consciousness.
Let us pause and examine how communities are demobilised. Amongst the first significant pieces of legislation was the 1996 South African Schools Act (Act 84 of 1996) which created, in every school, a Governing Body. The objective is abundantly clear - parents have a direct and enduring interest in the education of their children and the school should be accountable to a community of parents. There are 27 000 schools dotted in every community in our country, large or small; institutions that ought to be accountable to the communities they serve. Yet, this year, the ANC's January 8th statement speaks to "the non-negotiables of education" as being "teachers at school, in class, on time, teaching; no abuse of learners, no neglect of duty." The fact that these matters were included in this otherwise celebratory statement speaks to a real set of problems encountered. With the best will in the world, national government sitting in Tshwane or even a provincial government sitting in the provincial capital is unable to monitor teacher attendance, whether teaching is actually taking place or whether students are in class learning. Without the integral involvement of communities, we don't stand a chance of improving the quality of schooling, especially in poor communities.
Each year when the matric results are issued, the media focus on the schools that have produced excellent results as well as schools where the results leave much to be desired. The Human Science Research Council (HSRC) has a unit whose sole job it is is to try to understand what works in driving school performance. These researchers find poor schools with good results and study them in some detail. In almost all cases where poor schools have done excellent work, there are three factors that stand out. Firstly, they find the presence of a competent and dedicated school principal. Secondly, these schools have teachers who are dedicated, who are prepared and who spend long hours with learners. Thirdly and critically important, these schools have developed solid relationships with parents and the communities within which they are located.
Our legal framework facilitates community involvement in the running of our schools. However, we have not gone far enough in extending oversight responsibilities with communities. Is it because we're scared of giving power to the people Yes, there are risks. There are risks that communities will use racial and ethnic criteria in staffing or rewarding performance. Yes there are risks that parents often do not have the information or expertise to make some decisions about what is likely to yield better school results. However, the evidence from this HSRC research shows that in almost all cases, because it is about their own children's education, they take wise, sober decisions, free of such prejudice. While communities are not homogenous, they constitute vibrant, living entities with a high level of organisation. It is up to the institutional and legal framework to provide the space and guidance for communities to become positive influences over the performance of schools. In many cases, we have been too coy about providing the institutional space for peoples' power to prevail?
The Finance Minister from the State of Kerala in India, Dr Thomas Isaac, visited the National Treasury recently. As you might know, the State of Kerala is run by the Communist Party and has particularly good educational and health outcomes. When he was asked about what drove these sterling performances, he replied that in Kerala, when the teacher or nurse does not pitch up at work for a few days, the community will march to the village council and the village council has to report on why the teacher or nurse is not in attendance. He is immensely proud of the quality of public services in Kerala, delivered for a small fraction of what we spend - teachers, for example earn around $ 200 per month, roughly one-fifth of what teachers in South Africa have as a starting salary. In neighbouring Tamil Nadu, if the teacher or nurse does not pitch up, no one bothers. I do not have to tell you about the education or health outcomes in the neighbouring state. When the minister was asked what single factor contributed towards good public services, he said, 'we have a robust democracy where people shout loudly and they are heard'.
Another example of where the contribution of people has made a difference is in policing. Where community police forums are encouraged and supported by the local police station, they have been invaluable allies in the fight against crime. In public statements, government often makes the call that crime cannot be beaten without solid partnerships with communities. There is clear evidence that the development of trust between the police and communities is a critical element of an effective strategy to reduce crime. In Naledi in Soweto and in Parkmore in Johannesburg, community police forums have made a positive impact on the work of the police and have contributed both to better relationships with communities and in the reduction in crime levels. Yet there are many communities where people know exactly who the criminals are but they distrust the police to deal with the problem.
However, in policing too we have not fully embraced more democratic forms of governance. There are still too many police stations that give lip service to the notion of community police forums, too many station commanders who would prefer to do without the prying eyes of local residents.
We cannot divorce the notion of better public services from the notion of empowering communities. Empowerment is about holding government accountable, it is about making government more responsive and about taking responsibilities for the performance of public services.
When we reminisce about the 1970s and the 1980s, we often remember the mass protests, the community mobilisation, the active involvement of communities in solving their own problems. How did these things occur Who were the catalysts Communities did not suddenly wake up and start protesting. No, they were organised by groups of young activists, mostly students. Thousands of people visited literally millions of homes and spent time talking to families about their issues, their problems and about solutions. The Black Consciousness Movement of the 1970s raised the consciousness of society after the lull of the 60s, following the bannings and imprisonment of many leaders. The United Democratic Front of the 1980s built on top of that a culture of broad participation with the community including door-to-door work. Politics and revolution were talked about in the homes of the oppressed, in our churches, our schools and universities, on our sports fields, on trains, buses and taxis - not just in town halls?
Where have all the activists gone What do the young people who are politically astute and socially aware do these days Who is doing the mobilising Who are the catalysts for social transformation?
Returning to the issue of economic empowerment, we must ask ourselves the honest but difficult question of whether the BEE model that we've adopted is meeting both the objectives set out or the aspirations of our people. Biko, in a paper entitled, We Blacks, writes, 'material want is bad enough but coupled with spiritual poverty, it kills'. As early at the mid-1970s, Biko foresaw the effect of this spiritual poverty. He did not mean this in a religious sense. Instead, he was referring to a lack of values, the absence of consciousness and poor understanding. The combined effect is what we today call crass consumerism.
This is an appropriate point to move to the final part of my talk, the construction of a social compact for development. A social compact is not a new concept, yet we've failed to grasp its meaning. At the heart of a social compact is the sense that citizenship is stewardship. A social compact requires society to set out the roles, rights and responsibilities of each element of society - government, business, labour and even the media have a role to play in this regard. I stress, a social compact is about rights AND responsibilities. However, in defining these roles and responsibilities, the primary question must be about the values that a society eschews. These values must have at their core, the principles of people-centred development, of freedom, of conscientisation, of mobilisation and of high energy democracy.
Government has a clear role to play in redistributing opportunities to the most vulnerable. Government has the right to expect from its citizens, both corporate and private that they pay their taxes, that they abide by the laws of the country in letter and spirit, and that all contribute towards development, in the spirit of our Constitution. Similarly, government has a responsibility to ensure that the quality of public services improves, that we take clear measures to protect citizens, that we spend the public's money wisely, that we clamp down on corruption and patronage, that we employ the best people for the job and that we involve local communities in the improvement of their lives.
Government has the right to intervene to try to correct market failures as efficiently as possible. We have the responsibility to listen to citizens, to create the legal environment for citizens to contribute towards better schooling, better policing and better health care.
Business has the right to invest where they see an opportunity and they have the right to make profits. They have the right to be treated fairly, to be given opportunities free of the obligations of patronage. They have the right for their property rights to be protected and to be treated fairly in matters of taxation. They also have responsibilities; to train their staff, to expand the pool of skilled people and to ensure adequate opportunities for black people and women.
We need elites that plough back, not elites that plunder. We need a business community that balances their freedom to make profits with an understanding of the distorted history of accumulation in our country. We need a private sector that is prepared to be a partner in development; yes looking for opportunities to make money, but recognising the bigger picture that a stable society is better for growth than a society wracked by social strife.
We also need a private sector that recognises that the present concentration of the economy is not necessarily good for growth and long-term development. This is a difficult situation for business to manage because it is not intuitive to business that long term growth and prosperity requires a different organisation of ownership. We expect business to take tougher measures to curb anti-competitive practices, to ensure proper governance and oversight of listed companies and to think consciously about tomorrow, not just today.
Roberto Unger uses a wonderful phrase. He says, 'Capitalism must be imposed on the capitalists''.
Organised labour plays a critical role in the economy and in the delivery of public services. We have a labour regime where the rights of workers are protected, where collective bargaining is entrenched, where through NEDLAC, labour plays a role in the development and formulation of policy. We also need a labour movement that recognises that they have responsibilities too. Expanding employment is a critical requirement in our country and our labour movement has to recognise that there is sometimes a trade-off between the level of wages and the number of people employed. We need a labour movement that openly condemns its members if they are not teaching the requisite hours, or if they arrive late at school. The labour movement must become a partner in the construction of a state that delivers better services to people.
Communities and community organisations must become the lifeblood of a high energy democracy as they too have rights and responsibilities. To repeat the lesson from Biko's writings, they cannot be passive recipients of development.
Communities were the mainstay of the resistance against apartheid; it was also, incidentally, the object of the Black Community Programmes, undertaken by the Black People's Convention. When we look back on the uprising of the any point in history - whether it be the Defiance Campaign of the 1950's; the resistance to Pass Laws or the roll-out of the M-Plan in the 1960's; the BPC programmes of the late 1960's or early 1970's; the support for the student uprising in 1976 and beyond; or whether we are exploring the state of organisation that gave birth to the UDF in 1983 or spawned by UDF activities the focus has always been on organised communities.
Forget any idea that one fine day in 1985, or whenever, communities across the length and breadth of South Africa suddenly rose up; encouraged to do so by some prophet, perhaps even a contemporary Nongqawuse, and in the consequence President de Klerk delivered democracy.
Organised communities were truly organised - they were mobilised by the hard work of activists trudging through streets in all weather to talk to people about their lives. This action was first level conscientisation. Ordinary people thus persuaded would then attend meetings, in order to commune. Frequently people thereafter took responsibility for convening whether it was a street committee, parents committee, an anti-crime forum, or even a Ministers Fraternal.
mainly students who would undertake such provocative activities after campus.
What we have illustrated is that democracy is now begging for organised communities to fulfil their responsibilities. Democracy is crying out for School Governing Bodies in those areas where the poor have no option but to send their children to the local schools; democracy is pleading with us to improve on the lives of the poor by removing the scourge of crime by holding police locally accountable; democracy is imploring us to give our youth a chance by the organisation of amateur sports codes in townships across the country; she is demanding that we collaborate to ensure that there is value for money in all public services. Democracy understands her origins and her history; she knows that she is the product of high-level sacrifice.
A social compact requires each of us to put our narrow interests aside in the interests of long-term growth and development. It requires hard work, the construction of careful compromises and trade-offs aimed at ending the narrow insider-outsider divide. The cost of failure is high. The cost of failure is that we will continue to lose skills, we will continue to battle with high unemployment and public services will remain poor for the majority of our people. We will continue to see sporadic outbursts of violence. Most importantly, any vision of a better life for all would become a distant dream.
Do we have the leaders in government, in business and in the labour movement to take some of these bold decisions, to confront the difficult trade-offs in the interest of our country Or are we going to continue to put short term gain at the expense of longer term development I am an optimist and I do believe that South Africa has the leaders to confront these difficult issues, to draw on the inspiration of Biko, to give peoplecentred democracy a chance to work?
In conclusion let me repeat the lesson that Biko taught us. Democracy is something to fight for, constantly. Development is not something handed out at the welfare office. It is a conscious process of building capabilities, giving communities power to change their lives, empowering young women and men to make a contribution to our beautiful country.
At the root of Biko's teachings and the thread that runs through the references from Marx and Unger is the concept of consciousness, the deep understanding of the selfworth of people and the power of communities. The poor must be given the power to change their lives. Biko's vision of an energised democracy is only possible if we think about empowerment differently. An energised democracy is only possible if we have it within ourselves to construct a social compact that puts our long term interests above short term gain. An energised democracy is one where each element, business, labour, government and communities balance their rights with their responsibilities.
This moment could define our collective future. Let us utilise it for a national catharsis. Let us work together as advised by Unger who writes, "Social solidarity must rest (instead) on the sole secure basis it can have: direct responsibility of people for one another. Such responsibility can be realized through the principle that every able-bodied adult holds a position within a caring economy - the part of the economy in which people care for one another - as well as within the production system."
To dare any less would be to abandon the vision of leaders in the mould of Bantu Steve Biko.
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Thank you for inviting me to address you this morning. The economic mood in South Africa and abroad has become significantly less confident than a year ago, when the last Economist of the Year breakfast took place. At that time economists and policy makers around the world were contemplating the potential effects of the US subprime crisis on the global economy. Although there was a great deal of concern about the outlook and a lot of uncertainty about the scale of bank losses that would be incurred, few could have predicted the rollercoaster ride in financial markets and commodity prices that we experienced in the first half of this year and continue to see. It is safe to say that the extent of financial losses related to the credit crisis have been larger and more broad-based than originally feared, and the macroeconomic impacts have surprised in the form of higher inflation in emerging markets and weaker growth in the G7 and Europe in particular. Commodity prices, having initially increased to record high levels earlier this year, are now deflating in response to expectations of slower economic growth to come.
The credit crisis continues to claim victims in the financial sector, most recently Lehman Brothers and Merrill Lynch. Over the past few months policy makers in the US have committed significant public resources towards containing systemic risk and providing additional liquidity to strained credit markets. It remains to be seen whether actions such as the rescue of Freddie Mac and Fannie Mae will be enough to stabilise the US housing market, but the road ahead continues to look bumpy for now.
South Africa has not been immune to global developments over the past year and there has been a great deal of synchronicity in economic indicators here and abroad, Apart from a deteriorating global backdrop, we have had the added challenge of electricity supply constraints and ongoing infrastructure bottlenecks. In the current environment it understandable that some have become less positive about the future prospects for our economy, but a despondent attitude will serve little purpose if we are serious about achieving our longer term goal of halving unemployment and reducing still high levels of poverty and inequality. As we move through a period of cyclically slower growth driven in large part by external events, it is important to take stock of where we have come from, what we are trying to achieve, and what capacity and productivity enhancements must be delivered to ensure that we can take full advantage of the upswing in the global economic cycle when it eventually occurs.
South Africa has reaped the benefits of successful macro stabilisation in recent years with GDP growth accelerating to an average rate of 5.2 per cent per annum between 2005 and 2007, up from 3.9 per cent in the previous three years. As a policy maker, it would be nice to take all the credit for our recent good fortune, but we must admit that the healthy global environment characterised by the rise of the BRIC economies and strong growth in developed markets, played an important role in supporting our performance via high commodity prices, and strong capital flows to Emerging Markets, which have helped to finance the rapid rise in fixed investment in our country.
Sectors which recorded the highest growth rates, well above 5 per cent in 2007, were construction (18.1 per cent) and finance (8.3 per cent). The transport, communication and trade sectors kept pace with overall GDP growth, but a less positive picture emerged in the primary sector where the mining sector's value added grew on average by only 0.3 per cent between 2005 and 2007 and value added in agriculture contracted by 0.5 per cent. Although this accelerated growth was still not sufficient to address our employment challenges, the myth of "jobless growth" has surely been dispelled, after revised estimates in the new Quarterly Labour Force Survey showed that almost 2 million jobs (1.98 million) were created between the first quarter of 2003 and the first quarter of 2008.
More recently, economic growth has slowed to an average rate of 4.2 per cent in the first half of 2008. Growth was significantly affected by the electricity supply shortage in the first quarter, which slashed output in the mining and manufacturing sectors, but some recovery was seen in the second quarter. Growth in household consumption has also slowed sharply in response to higher debt service costs, reduced household purchasing power in the face of rising inflation and higher food and petrol prices. Wealth effects have also faded as conditions in the property market have deteriorated and the equity market has followed global markets lower. All of these factors have impacted negatively on the retail sector and lowered growth in the previously fastgrowing finance and real estate sector. The slowdown in consumer demand, though painful for some, is a necessary adjustment after a prolonged period of rapid growth fuelled by a credit boom that pushed household debt to record high levels.
78.2 per cent of disposable income in the first quarter of this year before declining to 76.7 per cent in the second quarter. Further adjustment will be necessary to reduce imbalances in the economy and to support sustainable growth in future.
The bright spots in our economic performance this year have been agriculture and construction. After a period of depressed growth, the agricultural sector has bounced back strongly in response to high commodity prices and favourable weather conditions (16.7 per cent in 1H08). It is estimated that this year's maize harvest will be 69 per cent higher than the previous year. We have also been a small net exporter of agricultural products so far this year after requiring net imports in 2007. Strong agricultural production will not only support GDP growth, but also help to reduce pressures on food inflation as time goes by. Double-digit growth in construction (13.7 per cent in 1H08) reflects ongoing strong investment spending by both the public and private sectors. The ratio of investment to GDP rose to 22.4 per cent in the second quarter of 2008, which was the highest level in more than two decades. Infrastructure investment and capacity expansion is a crucial pillar of our growth agenda and will remain a key driver of GDP growth over the mediumterm, ultimately contributing to a higher rate of potential economic growth.
Projections for GDP growth in 2008 and 2009 have been revised down for most major economies around the world and also for South Africa. After growing at rates well above potential for the past few years, a period of slower growth is necessary to address imbalances that have developed. These imbalances are clearly shown in the fact that CPIX inflation is now more than double the upper range of the inflation target at 13.0 per cent and the current account deficit has increased further to 8.1 per cent of GDP in the first half of 2008. The electricity supply shortage is also representative of a number of capacity issues that still exist. Ultimately, our aim must be to raise the rate of potential economic growth for South Africa. This can only be achieved if we persist with policies that support macroeconomic stability and push forward with measures that raise domestic savings to support rising investment. Microeconomic reforms are also crucial to ensure that decisions on savings and investment are optimal. For this we need to deliver on skills development and raise the standard of educational outcomes; encourage competition in concentrated markets; improve the performance of network industries and lower costs, promote innovation and productivity improvements; and remove anti-export biases that may exist due to high tariffs and input costs.
Our ultimate aim of halving poverty and unemployment will be hard to achieve in the absence of higher sustainable growth, but our biggest challenge continues to lie in the area of poverty alleviation and distributing the gains from economic growth more equitably. Given the legacy of Apartheid and the structural nature of the challenges we face, it has been necessary for government to take an active role in poverty alleviation over the past decade. A large portion of government expenditure has been aimed at improving access to social services, especially amongst the poorest households, and providing a safety net for vulnerable groups such as children and pensioners. However, we know that participation in economic activity is the most effective means of reducing poverty on a sustained basis and that this requires a higher level of economic growth and job creation. Income support on its own is not a sustainable means to increased prosperity, and it is crucial that our policies create an enabling environment for growth so that we can create opportunities for people to be able to provide for themselves.
Fiscal policy remains oriented towards redistributing the gains from growth towards poor and vulnerable groups in society via spending on social income grants, the provision of free basic services, and increased spending on health and education. Although the budget recorded a surplus of about 1.0 per cent of GDP in the 2007/08 fiscal year, this was mainly due to stronger than expected tax receipts. Indeed, government spending has continued to expand at a healthy rate. Over the past five years, real non-interest spending has averaged about 9 per cent per annum and is projected to rise at an annual rate of 6.1 percent (Budget 2008) over the next three years.
While falling debt service costs have created the scope for increased noninterest spending, we are mindful of the fact that surplus funds should be channelled towards projects that increase the productive capacity of the economy, particularly in the form of investment spending and human capital development. The decision to run a fiscal surplus also reflects a desire to increase government savings as a means to reduce the country's external vulnerability in the face of a widening current account deficit.
Although there is much to celebrate with regards to the recent performance of the economy, we are also conscious of the fact that policy has a role in ensuring that the benefits of growth are shared throughout the population. There is still much work to be done, but we believe that progress is being made in raising living standards and reducing poverty for the majority of the population.
One of the key positive outcomes of the robust economic expansion has been the creation of 1.9 million jobs in South Africa since March 2003. The official rate of unemployment has declined from a high of 29.
23.6 per cent in March 2007, and was 23.1 per cent in the second quarter of 2008. However, gender inequality still remains entrenched, with the unemployment rate for women (26.8 per cent q2 2008) still significantly higher than that of their male counterparts (19.9 per cent q2 2008).
The formal sector has been responsible for the most new job opportunities with the share of formal sector employment rising to 71 per cent last year, up from 61.9 per cent in 2001.1 While employment growth in general has been strong, some sectors reported job losses in the last year including agriculture, manufacturing, electricity, and trade sectors.
7.6 per cent last year, up from 5.1 per cent in 2001.
It is clear that employment growth has had a significant impact on household incomes, which has supported the consumer boom we have experienced over the past few years. Rising employment has also benefited the fiscus through higher tax collection. Indeed, the number of registered individual tax payers almost doubled to 5.3 million between 2000 and 2007. Strong revenue growth has provided us with the opportunity to use fiscal policy as a powerful redistributive tool to ensure that the benefits of growth reach the most vulnerable groups in society. This redistribution has taken place directly, via social income grants, and indirectly through the provision of free basic services such as electricity, water and sanitation2, and the provision of lowcost housing. These initiatives have put income back into the pockets of the poor and contributed to reducing poverty.
1 Historical revision to March LFS series 2 Free basic services include in the electrification of all households and the provision of free basic electricity to poor households (50kWh per household per month) to all households as well as the provision of free basic water (up to 6 kiloliters of water to all households) and sanitation).
households. Child support grants are also associated with improved nutrition and health of children.
12.6 million people as at August 2008, up from 2.4 million in 1997. The number of children receiving child support grants tripled between 2003 and 2007 and stood at 8.3 million children at the end of last month. Looking at the poorest 20 percent of households, about 40 percent of them relied on pensions and grants as their main source of income in 2005, up from 16.1 percent in 2002. This illustrates the importance of fiscal policy in creating a social safety net for the poor and helping to redistribute the gains from economic growth.
While increased access to grants has played an important role in reducing poverty, it is not sustainable to continue expanding access to income-support at the current rate. For this reason, spending on social assistance is expected to stabilise at about 3.3 percent of GDP over the medium-term, with no immediate plans to expand the scope of the social grant system except for the equalisation of the old age pension to the age of 60 for men and women by 2010. Our medium-term focus will rather be on implementing a comprehensive social security system by 2010, which encourages retirement saving by all workers, including low-wage and part-time employees.
Academic research has shown that non-income forms of support from government have also been very important in improving the lives of poor households. Research shows that government policies around service delivery and housing have been pro-poor over the past decade, although significant backlogs in delivery still remain3. The following statistics are worth noting: between 1993 and 2004, the share of the poorest 10 per cent of the households in South Africa with access to piped water increased by 187 per cent; access to sanitation (flush/chemical toilets) increased by 300 per cent; and the provision of electricity for lighting increased by almost 600 per cent. Similarly, there was a 28 per cent increase in the share of low-income households living in a formal dwelling. 70.
3 Bhorat, H. Naidoo, P. van der Westhuizen, C. 2006. "Shifts in non-income welfare in South Africa: 1993-2004". Development Policy Research Unit, Working Paper 06/108. UCT.
housed in formal dwellings by 2007, up from 64 per cent in 1996.
54.1 per cent in 1995/96 to 72 per cent in 2006/07.
The provision of housing has been a very important part of government policy since 1994 and 2.3 million subsidised houses and serviced stands have been delivered over the past decade. Government is continuing with its drive to provide adequate housing and R35.8 billion has been allocated to the Integrated Housing and Human Settlement Grant over the medium-term expenditure framework. To introduce greater equity in the allocation of national savings, the Financial Services Charter has committed the private sector to make investments of R123 billion in the 12 years leading up to 2014, with R42 billion allocated to housing. The Charter targets the 2.4 million households earning between R1 600 and R8 200 per month.
In the housing market as a whole, research conducted by the Finmark Trust found that 80 per cent of the adult population claimed to own a home in 2007 up from 75 per cent in 2005. This correlates with the South African Advertising Research Foundation (SAARF) Development Index, which shows that homeownership increased to 78 per cent of the population in 2006, up from 73 per cent in 2000 and only 64 per cent in 1994. Homeownership is much higher in rural than in urban areas, but the strongest growth has been in the cities. Indeed, the number of people owning homes in urban areas increased by 33.5 per cent between 2000 and 2006, compared with a 19 per cent increase in the rural population.
The Financial Sector Charter has also been important in ensuring that access to the formal banking system is extended to low-income groups and the previously disadvantaged. According to the Finmark Trust, the percentage of the adult population with access to the formal banking system increased to about 60.3 per cent in 2007 from 46.6 per cent in 2005. Between 2005 and 2007, the number of adults with bank accounts increased by 33 per cent, significantly outpacing the rate of population growth. Bank usage by low income groups increased from 32 per cent in 2005 to 40 per cent in 2007 largely driven by growth in Mzansi accounts, which are now used by 10 per cent of the adult population compared with only 2% in 2005. More than sixty percent of people holding a Mzansi account claim it is their first bank account, which suggests that the initiative has been successful in attracting the previously disadvantaged into the formal banking sector net. This is consistent with results from the Finmark survey, which show that the proportion of the adult population who are financially excluded, with no formal bank account, declined to 30.1 per cent in 2007 from 41.1 per cent in 2006.
Land reform is also an important part of government efforts to reduce inequality in our society. Government targets for land reform include: the redistribution of 30 per cent of white-owned agricultural land by 2014; the provision of security of land tenure for those whose land tenure is insecure; and to complete land restitution by end of 2008. The number of land claims settled by the Commission of Land Restitution by the end of the last financial year increased from 74 417 to 74 747, with 4 949 claims remaining, of which the greater part are rural-based. The majority of urban claimants have opted for financial compensation, amounting to R4.9 billion, while most rural claimants have opted for land restoration.
There is a growing body of evidence, which shows that the incidence of poverty in the economy has declined and that the share of the population classified as "middle-class" has grown substantially, particularly amongst the Black population. The Bureau for Market Research estimates that between 1998 and 2006 the proportion of the population classified as low-income almost halved from 29 per cent to 15 per cent, while the middle-income group grew to 44 per cent from 35 per cent. About 7 per cent of the population was classified as high income in 2006, up from 3 per cent in 1998. These trends are corroborated by the SAARF Living Standards Measure, which has also shown a declining share of the population in the LSM1-3 categories and increased movement towards the middle- and upper income segments.
A recent study by the Unilever Institute at the University of Cape Town has also highlighted the importance of the rising Black middle class, or so-called "Black Diamonds" in driving consumption patterns in the economy. According to the study, about 2.6 million people, or about 13 per cent of South Africa's black adult population are considered middle class and the group is expanded by about 30 per cent last year. Black Diamonds currently account for about 28 per cent of total consumer spending power or R180 billion a year, but this share is expected to continue rising into the future.
Our economic performance in recent years has been partly attributable to favourable global economic conditions, but the hard decisions we have made on macroeconomic policy issues have also borne fruit by creating a stable and predictable environment for business, which has stimulated investment and GDP growth. Although not nearly on a large enough scale, higher GDP growth has supported increased job creation and this has been a key element in ensuring that the benefits of growth are distributed more equitably amongst all South Africans. Fiscal policy has also played an important role in channelling resources towards poverty alleviation and this has been necessary given the structural nature of poverty and inequality in the country. However, over the medium- to long-term, a sustainable rise in per capita incomes and living standards requires much higher levels of employment across age, race, and educational groups. Rural development programmes are also needed to reduce geographical inequities and to ensure that land reform contributes to the development of skilled and productive farmers who are in a position to benefit from periods of high agricultural prices by raising agricultural output.
We are pleased about the achievements that this country has made in terms of economic growth and we are confident that growth will accelerate again when domestic imbalances have eased and the global economic backdrop improves. The next leg of our development will require a bolder and more determined focus on issues related to competitiveness, productivity growth and the microeconomic reforms that are necessary to raise the growth potential of the economy. Over the medium and long-term, investment growth will be supported by key public infrastructure investments, including the expansion of electricity supply and the renewal of telecommunication and transport networks. Public sector investment should also stimulate higher levels of private sector and foreign direct investment, and contribute to rising productivity. Indeed, more rapid economic growth is a powerful incentive to firms to finance the skills acquisition and development that is central to sustained increases in labour productivity, rising real wages, and declining poverty.
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They are both appointed by the President of the Republic to serve the country and are duty-bound to resign given the resignation of Thabo Mbeki.
They both however want to make it clear that they are ready to serve the new administration in any capacity deemed fit.
15.00 South African time.
This will be broadcast at the National Treasury offices.
Parking is arranged at 128 Church Square.
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Deputy Finance Minister, Jabu Moleketi last night tendered his letter of resignation to Parliament. Mr Moleketi has after serious consideration decided to step down as a Member of Parliament.
Mr Moleketi was appointed as Deputy Finance Minister in 2004. Prior to this, he served for ten years as MEC for finance and economic affairs in the Gauteng provincial government. He also served as chair of the board of the Public Investment Corporation, and spearheaded the National Treasury's involvement in the 2010 Fifa World Cup preparations.
He wishes to thank the former President, Mr. Thabo Mbeki for the confidence shown in him in appointing him as Deputy Finance Minister, as well as his colleagues in the National Executive for their tireless commitment in working towards improving the livelihood of all South Africans. Furthermore, he would also like to thank the Minister of Finance and the staff of the National Treasury, South African Revenue Service, Public Investment Corporation and Statistics South Africa for their commitment and level of professionalism in discharging their responsibilities. Lastly, he pledges his support to the President elect, Mr. Kgalema Motlanthe and indicated his willingness to assist the new administration in any capacity that the incoming President deems fit.
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The switch auction will be conducted on 2 October 2008.
The destination bond for the auction is the R186 (10.50%: 2026).
The source bond for this auction is the R153 (13.0% : 2010) and the destination bond is the R186 (10.
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Development economist Albert Hirschman wrote a book entitled Exit, Voice and Loyalty nearly forty years ago that provides an unusual and insightful perspective on the interface between personal integrity and the public interest in times of governance failure or conflict. There is a dilemma here that many of us have engaged with, one way or another, in the course of South Africa's political evolution, and perhaps particularly in the past few weeks. In challenging times there is an unavoidable tension between the politics of exit and the exercise of voice, and we should not be surprised that the demands of loyalty are felt differently by people who view events through different windows.
Our struggle for freedom has of course been shaped, in no small measure, by a long history of interplay between an organisation in exile and resistance within, and by the different ways in which democratic goals could be, and had to be, advanced, internally and abroad. This is such a rich history, by no means fully told yet, but we already have wonderful written records on which to draw - from those whose lives were committed to political and armed resistance, and also of so many diverse personal experiences, such as Noni Jabavu describes in The Ochre People, or Chabani Manganyi explores in his biography of Es'kia Mphahlele, aptly titled Exiles and Homecomings.
There is a tension that runs through the women's movement and women's empowerment strategies, I would venture to suggest, that also involves difficult choices between exit and voice. There are certainly issues that require special initiatives, separate programmes, focused on women's needs. But there are also a wide range of women's concerns that are unavoidably bound up with broader social and economic development priorities and programmes. In this broader empowerment challenge, the mobilisation of voice is more likely to succeed than the logic of exit and separation. And so there is a tension between loyalty to the specific cause of women's advancement and commitment to the more encompassing objectives of human development and social progress.
To say that there is a tension here is not to say that there is a contradiction. It is to point rather to the constructive possibilities associated with shared, and often mutually reinforcing objectives and development strategies.
Some of these joint interests are now well understood, and indeed have contributed positively to our policy development and the way we have implemented various social programmes.
We know that income support for poor households is more likely to be spent on meeting basic household needs if it is controlled by women. And so it turns out that the expansion of the child support grant, which mainly goes to mothers or women as caregivers, and has been the fastest growing part of our social security system, has been a highly effective and well-targeted poverty reduction programme, focused also on our Constitutional obligation to give priority to meeting the needs of children.
We know that the education of women has strong further intergenerational human development benefits - in both the educational attainment of their children and in health, nutrition and family welfare. So there is a positive link between our achievement of gender equality in schooling and these broader development goals.
However, an unfortunate trend in many developing countries is the marginalisation of programmes aimed at women's development during periods of economic decline. What has happened in quite a few countries, such as Indonesia, is that the focus given to gender equality programmes tends to decrease during economic downturns, as attention turns to broader growth concerns.
There is an interesting line of research in labour market dynamics that points to productivity gains and improvements in workplace safety associated with gender diversity in employment. We know how important the role of women officers is for effective reporting, investigation and management of crimes involving women and children. So the gender dimension of our employment equity policy framework brings broader benefits.
We know that improved health and sanitation, and better care of children, depend on reducing the burden on poor women associated with inadequate water, housing and transport services.
In the work that is currently in progress on social security reform, we have come to recognise the importance of longer life expectancy of women as a key consideration in the design of retirement funding arrangements. Here is a good example of the disadvantage of trying to deal with women's needs separately. Funded and priced separately, and informed by appropriate actuarial considerations, an annuity purchased at the age of 65 yields a considerably lower income for a woman in retirement than for a man. Our social security reform project offers the opportunity to construct a shared basic retirement savings arrangement in which annuitisation is priced at a common rate for the community as a whole, for men and for women. Retirement savings is an area of policy in which the particular needs of women need to be properly analysed and articulated, but it turns out that separate funding arrangements are unlikely to be the most appropriate way of meeting these needs.
In these and many other areas of public policy, we know so much more about what needs to be done, today, in South Africa, because of work undertaken under the auspices of the Women's Budget Initiative, supported by the Gender and Economic Policy Group of Parliament's Joint Standing Committee on Finance and several other organisations and research agencies. Its three published books and numerous reports and papers have covered an extraordinarily wide range of public policy, institutions and programmes. We all owe a great debt of gratitude to those who have put such time and effort into this work, and who continue to do so.
There is rightly a focus on budgets and financing in this work, because that is the nexus through which resources are allocated, and indeed that is the focus, again, of this Forum.
But I hope it is clear from the few examples that I have cited, that behind the financing arrangements are much more important social and economic linkages, and a better understanding of these linkages is usually the critical analytical and research challenge.
And so I would like to suggest that in your proceedings during this Forum your focus on budgets and resources should not be limited to those spending programmes that are expressly and explicitly identifiable as "women's" allocations. There are of course some directly attributable women's focus areas - some categories of health and welfare service or education programmes lend themselves to specific gender-based analysis, and there are various development initiatives, targeted services and research projects that are narrowly aimed at supporting women's empowerment.
But one of the central lessons of the Women's Budget Initiative, in all its strands of research taken together, is that women's issues cannot be carved out and separately analysed, for budget purposes, for planning purposes, or for monitoring and reporting purposes, from the broader social and development challenges we face. We are in this development project together, women, men, children, the elderly, the young, the advantaged and the disadvantaged.
I think that for some of those involved in this work, it has perhaps been a source of disappointment that the treasury does not yet have a women's budget division, and our publications do not include an annual women's budget report, or children's report, or disability report.
But it would clearly be wrong to create separate exits and entrances, separate budgeting processes and allocations, for activities and services that are inextricably bound up with the whole of our social and economic development agenda.
It is far better to focus on strengthening voice and accountability, within the mainstream of the budget process, and in each and every area of public planning and service delivery in which there are either special needs or shared concerns that should be brought into consideration.
This is of course not just relevant to the South African context, but it is central to the project of advancing women's rights in development globally. In six weeks time, we will have the privilege of hosting the 11th International Forum of the Association for Women's Rights in Development in Cape Town, and there will be an opportunity to share experiences from across the world in strengthening the voice of women and ensuring that the rights, capabilities and potentialities of women are fully reflected in social and economic development programmes.
Your forum, and the programme of dialogue planned for the week ahead, provides a wonderful opportunity to reflect on the progress we have made in South Africa since 1994, and the challenges that still lie ahead, that might be shared with international delegates at the November International Forum. In achieving broad equality of access to education, South Africa is well ahead of many peer group countries. I believe that our approach to social assistance grants as a primary source of income support to poor families provides excellent examples of the social benefits associated with income transfers to women as beneficiaries and caregivers. I know that in the work of many South African community organisations and non-governmental organisations there are many illustrations of the power of women activists at the forefront of social change and broad-based development. I know that South African women in business can bring encouragement to those in other countries who face entrenched barriers of access, whether in the credit market for small enterprises or in executive and board-level decision-making.
But I am equally conscious of the enormity of the challenges we still face. We know from South African experience that there are strong and persistent gender dimensions to vulnerability in old age or disability, the risk of unemployment and the associated threat of chronic household poverty. These are also global realities, and they will also be on the agenda of the International Forum in November. We have a responsibility to keep the spotlight firmly focused on the role of women in poverty reduction, not least because of the severity of South Africa's HIV and Aids pandemic, the extent of South Africa's experience of violence against women and our need to respond to the needs of child-headed households.
It is equally important for us to take a hard look our performance as a country in achieving the Millennium Development Goals. I want to draw your attention to the MDG 5a which calls on the world to "reduce by three quarters the maternal mortality ratio" between 1990 and 2015. In 1998 our maternal mortality ratio was 150 per 100 000 deaths. In 2003 it was 166 per 100 000 deaths, and in 2004 it was 185 per 100 000 deaths. The worrying feature is that the indicator is moving in the wrong direction. Interestingly South Africa is not alone and it appears to be a factor in many developing countries. However, our spending in health care provision has increased substantially over this period. It would be important to not only look at the allocations we have made but also on the outcomes and quality of spending in health care. And to ask the tough question about whether we are getting value for money.
These are daunting challenges, and we have to appreciate that our goal, our vision, for a society that is just and fair, in which men and women share equally in work, family care and the fruits of rising prosperity, is still a distant target. Much still needs to be done.
But in the end, we will surprise even ourselves at the progress we will make, if we speak with a clear voice, and if that voice is informed by an honest dialogue of the engaged and committed.
Or as Noni Jabavu put it in her preface to the 1982 edition of The Ochre People and reflecting on the difficulties of the 1950s and the 1970s: "Speaking for myself, I would have been numbed in 1955; would have fainted; and in 1976 and 1980 I would have been paralysed. Yet nothing daunts you. My aunt (Mam'omkhulu Makiwane) declared thirty years ago that your counterparts were indestructible, uncrushable. Looking back over our history, it seems she spoke the truth; for you of today are proving that our nationhood is indestructible then is now, and ever will be. To a writer of my generation, young South Africa is an inspiration - no less. I hope that in reading this book which one of your 'grandmothers' wrote long ago and far away, you will see how vastly you have progressed and brought us forward from the views we beheld when we were your age in those times long gone.
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In line with government's mandate to make information accessible to all and bring government closer to the people, GCIS has published the sixth edition of the Pocket Guide to South Africa.
To obtain a copy of the SA Yearbook 2008/09 or Pocket Guide to South Africa 2008/09, please e-mail your request to delien@gcis.gov.za, stating your postal address, physical address and telephone numbers.
<fn>GOV-ZA.200809ArEn.2012-02-10.en.txt</fn>
The offices of the South African Law Reform Commission are situated in the Middestad Centre (12th floor), corner of Andries and Schoeman Streets, Pretoria.
South African Law Reform Commission Fax: (012) 320 0936 Private Bag X668 E-mail: reform@justice.gov.za Pretoria Internet: http://salawreform.justice.gov.
The reform of the law of South Africa is the core business of the South African Law Reform Commission.
The South African Law Reform Commission Act 19 of 1973 states in section 4 that the objects of the South African Law Reform Commission (SALRC) are to do research with reference to all branches of the law of the Republic of South Africa in order to make recommendations for the development, improvement, modernisation or reform thereof.
However, before the SALRC can makerecommendations for legal reform by executing its objects, the SALRC must be made aware of matters that require investigation. In terms of section 5 of the South African Law Reform Commission Act (SALRC Act) the Commission, in order to achieve its objects, must draw up a programme of the matters that in its opinion require consideration.
Commission may include in its programme any suggestion relating to its objects received from any person or body.
The fact that the SALRC may include law reform proposals for investigation in its programme irrespective of the status or capacity of the source of the proposal may be illustrated by examining the origin of some of the current investigations.
Development. Another Project 25 subproject, review of the Interpretation Act, as well as Project 124 - Privacy and data protection, are the result of a request from a parliamentary committee, the ad hoc Joint Committee on the Open Democracy Bill, 1998 (the Bill resulted in the Promotion of Access to Information Act, 1998).
The Project 100 subproject on custody and access to minor children originated from a family adviser at the Bloemfontein office of the Family Advocate, who became aware of particular problems with access to children after divorce during research for her Master's degree in social work. The other current Project 100 subproject, review of aspects of matrimonial property law, was approved subsequent to among others a complaint lodged with the Commission for Gender Equality by a member of the public in respect of socalled 'joint' bank accounts.
Project 122, the investigation into assisted decision making with regard to adults with impaired decisionmaking capacity, was approved after a request for such an investigation was received from a member of the public. Project 124, the investigation into prescription periods, was referred to the SALRC on request of the Minister of Justice and Constitutional Development following a recommendation by the Portfolio Committee for Justice and Constitutional Development.
"It is significant that the SALRC Act states that the be included in the programme. All Commission may include in its programme any the criteria in the second phase are considered and such weight is suggestion relating to its objects received from any person or body."
126, the review of the law of evidence, emanates from a proposal by a SALRC committee that had been appointed to look into the simplification of criminal procedure.
Given the human and financial resources and the amount of time expended on an investigation, it is clear that the SALRC is unable to investigate each and every proposal received. Since many more proposals are received than what are possible for the SALRC to deal with at a given time, it is clear that the SALRC needs some method to determine when a proposal for an investigation will be entertained and when it will be rejected. Although proposals for investigation are subjected to preliminary investigation, even a preliminary investigation takes up valuable time and resources and may not always be necessary.
After the period of introspection that the SALRC had embarked upon as alluded to in Chapter 1 of the SALRC's 2007 / 2008 Annual Report, it became clear that the SALRC had to develop selection criteria to determine which proposals should be taken on as investigations, starting with a decision on which proposals should be subjected to preliminary investigation. The selection criteria therefore provide for a two-phased process to determine the inclusion of an investigation in the SALRC's programme.
The first set of criteria is used to determine whether a proposal should be rejected even before a preliminary investigation is done. It creates a sifting mechanism to reduce the number of preliminary investigations. If the proposal does not meet the initial criteria set for inclusion, it is rejected and a recommendation on this basis is made to the Commission for consideration. However, where the initial criteria are met, a preliminary investigation is indicated and the second set of criteria is then used to evaluate the proposal and to determine the ultimate inclusion or rejection of the proposal.
Commission deems appropriate in the circumstances of each case.
Criteria used in the initial sifting process to determine whether a proposal should be subjected to a preliminary investigation or whether it should be dealt with summarily a.
Whether the issues concerned are predominantly legal b.
Whether the legal problem can be addressed in a way that does not require a change of the law, for example through a mere change in policy or improved implementation of existing legislation c.
Whether there is another institution or government department better placed to deal with the topic in question d.
Pending legal developments (for example court cases or other draft legislation) that could influence the relevance of the investigation e.
Second phase criteria used in conjunction with those set out in 1 above during a preliminary investigation a.
Scale of the problem in terms of the proportion of the community affected c.
Potential benefits likely to accrue from undertaking reform or repeal of the law d.
The extent to which the investigation contributes to the implementation of a broader government policy e.
Enhanced constitutionality f.
Development and enhancement of the constitutional democracy g.
Whether the issues span the interests of a number of government departments or professional groups h.
The procedure explained above to determine the ultimate inclusion or rejection of a proposal for investigation has already been implemented and has proved to be a success. In addition to affording the SALRC a valuable tool to assist with the execution of its objects, it also gives potential proposers of investigations an indication of the issues that are taken into consideration when a proposal is considered, thus facilitating the submission and motivation of investigations.
Whether extensive public or professional consultation would be necessary j.
the existence of vested interests; or significant difference of views or objectives in the different entities k.
Whether the investigation would promote informed public debate on future policy direction l.
This annual report covers the period from 1 April 2008 to 31 March 2009.
No issue papers were published during the course of the reporting period.
All issue papers published by the Commission are listed in Annexure A.
Two discussion papers were published for general information and comment as part of Project 25: The establishment of a permanently simplified, coherent and generally accessible statute book.
All discussion papers published by the Commission are listed in Annexure B.
The South African Law Reform Commission (SALRC) was established by the South African Law Reform Commission Act 19 of 1973 (the SALRC Act).
and persons who are not members of the Commission. The latter are appointed by the Minister. The object of the second category of committees is to utilise the expertise of persons outside the Commission and to ensure direct community involvement in the activities of the Commission.
Under the first category of law of South Africa on a continuous basis.
The powers and duties of the Commission are set out in section 5 of the SALRC Act. Section 5 directs the Commission to draw up programmes that include, in order of preference, the various matters which in the Commission's opinion require consideration. The programmes must be submitted to the Minister of Justice and Constitutional Development (the Minister) for approval. The Commission may include any suggestion for investigation relating to the Commission's objects received from any person or body.
Section 7A of the SALRC Act provides for the establishment of committees of the Commission. There are two categories: committees appointed by the Commission and consisting of members of the Commission only (such as the Working Committee), and committees consisting of members of the Commission committees, the Commission has established a working committee which consists of members of the Commission co-opted for meetings according to their availability (section 7A(1)(a) of the SALRC Act).
The Working Committee may be considered the executive committee of the Commission. In accordance with the Commission's directives, this committee attends on a continuous basis to routine matters and other matters that require urgent attention. The Working Committee may exercise all the functions of the Commission, excluding the approval of reports. The Committee also considers the inclusion of new investigations in the Commission's programme. Furthermore, the Committee plans and manages the activities of the Commission's Secretariat.
Advisory committees fall under the second category of committees. The Commission follows the practice of instituting advisory committees consisting of experts to assist with investigations and to advise the Commission if a specific investigation on the Commission's programme so requires (Section 7A(1)(b) of the SALRC Act).
Although the SALRCAct does not specifically refer to the appointment of project leaders, it is the Commission's practice to appoint a project leader for an investigation on its research programme. A project leader could be a Commissioner, a member of an advisory committee appointed by the Minister (section 7A(1)(b)(ii)), or any other person who is not a Commissioner and who is not a member of an advisory committee (section 8(2)).
The main task of a project leader is to guide the designated researcher by providing advice and direction and evaluating the research. If the project leader is the designated chairperson of a committee as envisaged in section 7A(3) of the SALRC Act, he or she will also guide the proceedings of the advisory committee.
Secretariat consisting of officials on the establishment of the Department of Justice and Constitutional Development. The Secretariat consists of a research component and an administrative component. The Deputy Chief State Law Adviser (Chief Director) serves as the Secretary of the Commission.
Adviser with effect from 1 June 2008.
The post of Assistant Secretary to the Commission is vacant.
The research component of the Secretariat consists of 18 State Law Advisers from diverse backgrounds. Their task is to conduct the necessary research under the guidance of project leaders (who are appointed by the Commission), to consult with interested parties, to compile issue papers, discussion papers and draft reports and to carry out other assignments of the Commission.
Law reform cannot be delivered without high quality research. The in-house researchers at the South African Law Reform Commission (SALRC) are professionally qualified lawyers, the majority of whom have vast experience in the law reform environment. The result has been the development of scholarly research publications and the involvement of the researchers in various activities as highlighted in Chapter 5.
Ms Ronel van Zyl (Senior State Law Adviser) One post of Principal State Law Adviser and two posts of Senior State Law Adviser are vacant.
mittee was established in December 2007 to address planning a SALRC media conference that was held on 25 November 2008.
Mr Tienie Cronje the SALRC.
Ms Anna-Marie Havenga include: Law Reform Essay Competition.
Ms Ronel van Zyl The compilation and distribution of the SALRC from July to October 2008 to promote the competition.
Reform Essay Competition Liaison with DOJCD on the Justice Today Newsletter University of Pretoria); Thandabantu Nhlapo (Deputy Vice Chancellor, University of Cape Town); Managay Reddi (Dean: University of KwaZulu-Natal); and Pamela Schwikkard (Dean: University of Cape Town) and Ms Yasmin Sooka, (Executive Director: Foundation for Human Rights) evaluated the essays received for the Ismail Mahomed Law Reform Essay Competition on 26 February 2009.
Ms Maryna Oosthuizen agencies approved by the DG on 14 August 2008.
Ms Nerisha Singh (to assist with arrangements relating qualified interns and administrative staff and performance agreements of interns. Compiled an induction programme for two researchers that assumed duty on 1 May to and the induction of 2008 and ensured the researchers were interns) provided with necessities such as stationary and access cards. Attended meetings of the National Internship Committee, which Committee deals with issues relating to the DOJCD internship programme such as the recruitment, selection and appointment of interns and the performance management and training of mentors. Liaised with HR: Learning and Development on the attendance of new SALRC personnel of DOJCD's induction programme for new employees. Arranged for SALRC researchers to make presentations on the SALRC's vision, mission, objectives and working methods at DOJCD induction sessions. Participated in DOJCD's Disability Campaign by briefing candidates on the Commission's objects and working methodology.
SALRC's working methods, the funding of the SALRC's activities and possible cooperation between the SALRC and the Ghanaian Law Reform Commission. Assisted the Uganda Law Reform Commission (ULRC) with information to arrange with SARS for the ULRC to meet with experts on customs and excise duty. Provided the ULRC with information on suitable accommodation in South Africa. Met with an Indonesian delegation to share good practices on efforts to eliminate violence against women on request of the United Nations Development Fund for Women. Arranged with relevant researchers to brief the Indonesian delegation on projects relating to violence against women. Liaised with Maryland University to host two of their students as interns later in 2009 on request of Maryland University.
Mr Pierre van Wyk holdings of the SALRC library. The Committee March 2009 respectively.
Ms Carien Pienaar orders for publications librarian post.
Ms Maryna Oosthuizen and subscriptions to electronic data bases.
Ms Sindiswa Gule Committee also liaises with the principal librarian at the DOJCD.
Safety Act 85 of 1993.
The Committee also liaises with the landlord Facilitated an emergency evacuation drill on 21 of the building on OHS November 2008 issues and matters such Liaised with the landlord's operational manager as evacuation plans, on various health and safety matters in the power outages and workplace, particularly in respect of the lifts problems with the lifts.
Mr Willie van Vuuren February 2005.
Mr Jacob Kabini development of new policies and procedures on working methods and operational systems for the SALRC.
Committee is also responsible for corporate identity matters such as business cards and the appearance of Commission publications.
Ms Dellene Clark (chairperson) Ms Anna-Marie Havenga Ms Carien Pienaar Mr Linda Mngoma Ms Nerisha Singh Ms Maryna Oosthuizen Mr Ajay Singh Ms Natalie Pillay The Training Committee was established in February 2005 to identify training needs and to source and coordinate training for the SALRC's personnel.
Liaise with DOJCD Human Resources on training matters Represent the Branch: Legislative Development at the National Skills Development Forum The Committee has to arrange training within the allocated budget, which requires balancing training needs with available funds and departmental and SALRC priorities. Social Economic Rights Stephen Covey First Aid Level III Fire Fighting SHE representative training Jutastat Researchers on the level of Principal State Law Adviser have attended training as part of Project Khaedu, an initiative of the Department of Public Service and Administration to strengthen the management capabilities of senior managers in the public service with the ultimate goal of improving service delivery. Most of them have also been deployed at service delivery sites, such as the Johannesburg General Hospital. The Training Committee liaised with Human Resources at DOJCD and other relevant role players to facilitate the attendance and participation of SALRC staff.
The SALRC Act provides that the Commission must, from time to time, draw up programmes listing in order of preference the matters which in its opinion require consideration. The Commission's programme is subject to the Minister's approval.
The Commission's present programme appears in Annexure F. As Research is done to determine authoritatively the existing legal position and to identify shortcomings or deficiencies that need to be rectified. Consultation takes place between the researcher, project leader, advisory committee (where one exists), the general public, stakeholders and persons with particular knowledge concerning the matter under investigation. Comparative studies are carried out in order to enable the Commission to benefit from experiences elsewhere in the world. The consultation process is facilitated by the Commission's policy (since 1996) of compiling issue papers as a first step. Issue papers outline the problems encountered with particular areas of the law and invite submissions on possible solutions. They are distributed as widely as possible for general information and comment and are in appropriate cases also supplemented workshops. Responses to an issue paper and further intensive research form the basis for the preparation of a discussion paper.
inception and indicates the final result or current state of investigations.
Commission's tentative proposals for reform. In particular, a discussion paper will include a statement of the existing legal position and its deficiencies, a comparative survey and a range of possible solutions.
Bill. Members of the public are informed of the availability of discussion papers by means of media releases and media conferences. In addition, copies are distributed to organisations and, sometimes, to individuals whose views on the subject under discussion the Commission particularly wishes to canvass. The responses to the provisional proposals are carefully studied before final decisions are made. The Commission also hears oral evidence in appropriate cases. Its recommendations are embodied in comprehensive reports, which are submitted to the Minister.
In making its recommendations, the Commission bears in mind that there is a need to provide access to justice for all; to protect the rights of all parties - especially those of women, children and the poor; to make legal processes affordable; to make the law less complicated; and to give effect to the values and principles underlying the Constitution.
The many valuable comments and proposals received on the Commission's recommendations as contained in its documents, confirm that its working methods are successful. These methods ensure that the Commission's final recommendations are well substantiated and are the product of thorough debate. The working methods also facilitate the enactment of the Commission's proposed legislation, which embodies the recommendations.
Commission papers and committee papers are internal documents that are normally not available outside the ranks of the Commission. In these papers proposals for the inclusion of matters in the Commission's programme, research results for the information of or consideration by the Commission, draft issue papers, discussion papers and reports as well as a variety of other matters in respect of the functioning of the Commission are dealt with. The papers are numbered in sequence as they serve before the Commission each year.
The SALRC Act requires the Commission to prepare a full report on any matter investigated by it and to submit such reports together with draft legislation, if any, to the Minister for consideration. All reports of the Commission are official, but not all are published.
Annexure C lists all the investigations reported on by the Commission since its establishment.
In addition to the reports on particular investigations, the SALRCAct provides that the Commission must annually submit to the Minister a report on all its activities during the previous year.
Issue papers and discussion papers are supplied free of charge to interested institutions and persons who wish to comment on a particular matter. These papers are widely distributed and are also obtainable from the Commission's offices. All issue papers and discussion papers published since 1996 are available on the SALRC website.
Commission's offices. All reports on investigations published since 1996 and the Commission's most recent annual report are available on the SALRC website.
The Commission met during the reporting period on 31 May 2008, 25 October 2008 and 14 January 2009.
The advisory committee for Project 100 - Family law and the law of persons: Custody of and access to minor children and Review of aspects of matrimonial property law met on 29 August 2008. The advisory committee met again on the Subproject: Custody of and access to minor children on 9 March 2009. The advisory committee for Project 126: The Review of the law of evidence and Project 113: The use of electronic equipment in court proceedings met on 15 November 2008.
Project 25 - Statutory Law Review had been divided into various subprojects by state department for the review of legislation as administered by each state department.
It is axiomatic that the extent to which the South African Law Reform Commission can add value will to a large extent be influenced by the nature of the work it undertakes and its particular experience and suitability to do so.
In selecting topics for law reform there is a need for independence from, but good liaison with, government. It is therefore important for the Commission to understand how its work will contribute to the government's overall strategic outcomes and priorities. There should also be explicit recognition by government of the particular contribution the Commission can make to the overall law reform environment.
The projects on the SALRC's programme wide phenomenon of trafficking in persons is usually perpetrated by crime syndicates, one of the reasons why specific trafficking offences have to be created by statute. The legislation proposed in the report on trafficking in persons (Project 131) will be vital in the fight against organised crime. Trafficking legislation is also aimed at the protection of especially women and children, which is in line with the important government objective of improving the conditions of these vulnerable groups. The Commission's investigations into sexual offences: adult prostitution (Project 107) and stalking (Project 130) are also aimed at crime prevention and the protection of vulnerable groups. The investigation into assisted decision-making - adults with impaired decision-making capacity (Project 122) will go a long way towards affording better protection to the elderly, another identified vulnerable group.
In the State of the Nation Address, the President highlighted the scourge of crime and the problem with siphoning off resources through corruption as particular matters of concern. Crimes against women and children were specifically alluded to. The President also referred to systemic weaknesses in the criminal justice system, which point to weaknesses in the efficiency of the court system. The President mentioned that these are the issues that the comprehensive revamp of the criminal justice system has started to address. He reiterated the country's commitment to pay attention to the most vulnerable in the society and to improve the conditions of children, women, people with disability and the elderly. The President lauded the opportunities afforded by events such as the FIFA World Cup in 2010.
(Project 123) will be an important tool in the fight against crime, particularly the fight against corruption. The efficiency of the criminal justice system will definitely be enhanced by the investigations into the use of electronic equipment in court proceedings (Project 113) and the review of the law of evidence (Project 126). The world results during a particular year. A number of the actions listed in the 2008 Government Programme ofAction ties in with SALRC investigations. The proposed Protection of Personal Information Bill contained in the report on privacy and data protection (Project 124) supports the goal of strengthening international cooperation as listed under the International Relations, Peace and Security Cluster. In an era of the free flow of information across international borders, greatly increased international travel and a global economy, a country's ability to protect the personal information of its own and another country's citizens is vital to sound international relations. The expected increase in international travellers to South Africa for the 2010 FIFA World Cup lends additional urgency to this important legislation.
Cluster section.
Prevention and Combating of Trafficking in Persons Bill contained in the report on trafficking in persons creates specific offences that can also be used against crime syndicates, an important cog in the engine of organised crime. The GPA also lists the need to counter human trafficking and people smuggling as one of the actions to be executed under the topic of upholding national security. Improving the effectiveness of the criminal justice system is another area of concern mentioned in the GPA. Criminal justice is an important factor in projects such as the investigation into sexual offences concentrating on adult prostitution and the review of the law of evidence.
Project 25 -The establishment of a permanently simplified, coherent and generally accessible statute book, and particularly the subprojects on the review of the statute book for redundancy, obsoleteness and constitutionality and the Interpretation Act, tie in with DOJCD's strategic goal of transforming justice, state and society in line with the democratic values of the Constitution. Another government and justice priority is the accessibility of justice for all.
(Project 94) is therefore highly relevant.
Prescription periods, Project 127: Review of administration orders and Project 134: Administration of estates similarly enhance the goal of access to justice for all.
Acts. Many of theseActs are not being applied anymore, while others contain provisions that are in conflict with the Constitution. Redundant and obsolete provisions on the statute book are being identified and government departments are being consulted in order to verify these provisions.
Numerous meetings were held to develop a methodology for conducting the investigation into the constitutionality and redundancy of existing legislation. The Commission also envisages an instrumental role in assisting provinces with the alignment of provincial legislation to the Constitution by rendering such support as may be required. In March 2009 a progress report on the investigation was forwarded to DOJCD for submission to the Minister of Justice and Constitutional Development (the Minister) with a view to informing Cabinet about the progress made in the investigation. The progress report must still be considered by Cabinet.
Prof Cathi Albertyn developed a document for the SALRC setting out guidelines for the identification of legislative provisions that are obviously in conflict with section 9 of the Constitution. The guidelines are based on an analysis of Constitutional Court judgements. The tables of constitutional cases as per Prof Albertyn's report have been updated and made available to the researchers involved with Project 25. Future judgements of the Constitutional Court relating to the 'equality' clause in the Constitution will be added as and when they become available.
The Commission considered the status of Project 25 on 23 June 2007. The Commission noted that internal research capacity to conduct statutory law review was limited due to the fact that the majority of researchers are attending to other projects on the Commission's programme. The Commission approved in principle the appointment of advisory committee members by the Minister to increase the Commission's research capacity in respect of fourteen national government departments.
Treasury, Provincial and Local Government, and Trade and Industry.
Safety and Security, Science and Technology, Social Development, Sport and Recreation, Transport, and Water Affairs and Forestry.
The SALRC submitted a memorandum to DOJCD in September 2007 proposing the appointment of advisory committees by the Minister. DOJCD referred the memorandum to the Ministry in February 2008. The Minister appointed 112 advisory committee members on 31 July 2008. The first meetings of the advisory committees took place during October and November 2008.
Legislation administered by the Department of Agriculture (DOA) The first advisory committee meeting was held on 22 November 2008. The committee agreed on the division of work, methodology to be followed and time-frames for the review of the statutes administered by DOA. Due to the diversity of agricultural legislation and the lack of experts in this field, it was decided that the SALRC will develop the consultation paper in-house, using the research submitted by advisory committee members. The target date for submitting a consultation paper containing provisional proposals for repeal or amendment of legislation to DOA for comment is October 2009.
Legislation The first advisory committee meeting was held on 15 October 2008. The committee administered agreed on the division of work, methodology to be followed and time-frames for the by the development of a draft consultation paper analysing the statutes administered by DOC.
Communications held on 19 February 2009.
paper during February and March 2009. The target date for submitting a consultation paper containing provisional proposals for repeal or amendment of legislation to DOC for comment is September 2009.
Legislation administered by the Department of Defence (DOD) The first advisory committee meeting was held on 22 November 2008. The committee agreed on the division of work, methodology to be followed and time-frames for the development of a draft consultation paper analysing the statutes administered by DOD. The second advisory committee meeting has been provisionally scheduled for July 2009. Some advisory committee members have already submitted their input to the compilers for consideration. The target date for submitting a consultation paper containing provisional proposals for repeal or amendment of legislation to DOD for comment is October 2009.
Department The first advisory committee meeting was held on 25 October 2008.
development of a draft consultation paper analysing the statutes administered by DOE. The second meeting of the committee to consider the draft consultation paper is proposed to be held during October 2009. The target date for submitting a consultation paper containing provisional proposals for repeal or amendment of legislation to DOE for comment is September 2009.
Department of The first advisory committee meeting was held on 11 October 2008.
Tourism (DEAT) DEAT. The committee met on 7 February 2009 to discuss the research submitted by committee members. The committee effected amendments to the consultation paper during February and March 2009. The first draft of the consultation paper was submitted to the SALRC on 31 March 2009. The target date for submitting a consultation paper containing provisional proposals for repeal or amendment of legislation to DEAT for comment is October 2009.
Legislation The first advisory committee meeting was held on 18 October 2008. The committee administered by agreed on the division of work, methodology to be followed and time-frames for the the Department development of a draft consultation paper analysing the statutes administered by of Health (DOH) DOH. The second meeting of the committee to consider the draft consultation paper was held on 21 February 2009. The first draft of the consultation paper was submitted to the SALRC on 6 March 2009. The target date for submitting a consultation paper containing provisional proposals for repeal or amendment of legislation to DOH for comment is October 2009.
Legislation The first advisory committee meeting was held on 28 November 2008. The committee administered by agreed on the division of work, methodology to be followed and time-frames for the the Department development of a draft consultation paper analysing the statutes administered by DHA.
and researcher for consideration. The target date for submitting a consultation paper containing provisional proposals for repeal or amendment of legislation to DHA for comment is September 2009.
Legislation The Commission approved on 25 October 2008 publication of the discussion paper in administered by respect of legislation administered by DH. Discussion Paper 115 was published for public the Department information and comments on 25 November 2008 with a closing date of 28 February of Housing (DH) 2009. The target date for submitting a draft report containing repeal and amendment proposals to the Commission for consideration is December 2009.
Legislation The first advisory committee was held on 27 November 2008. The committee administered by agreed on the division of work, methodology to be followed and time-frames for the the Department development of a consultation paper analysing the statutes administered by DOJCD.
Constitutional paper was held on 16 March 2009.
Development their draft papers and submit them to the SALRC.
a consultation paper containing provisional proposals for repeal or amendment of legislation to DOJCD for comment is October 2009.
Legislation The first advisory committee meeting was held on 30 October 2008. The committee administered by agreed on the division of work, methodology to be followed and time-frames for the the Department review of the statutes administered by DOL. The second meeting of the committee of Labour (DOL) to consider the draft consultation paper was held on 11 March 2009. The committee decided on amendments that needed to be effected to the draft consultation paper. The target date for submitting a consultation paper containing provisional proposals for repeal or amendment of legislation to DOL for comment is September 2009.
Legislation The first advisory committee meeting was held on 20 November 2008. The committee administered by agreed on the division of work, methodology to be followed and time-frames for the the Department development of a draft consultation paper analysing the statutes administered by of Land Affairs DLA.
proposed to be held during August 2009. The target date for submitting a consultation paper containing provisional proposals for repeal or amendment of legislation to DLA for comment is September 2009.
Legislation The first advisory committee meeting was held on 22 November 2008. The committee administered by agreed on the division of work, methodology to be followed and time-frames for the the Department development of a draft consultation paper analysing the statutes administered by DME.
Energy (DME) on 21 February 2009. The committee effected amendments to the consultation paper during March 2009. The target date for submitting a consultation paper containing provisional proposals for repeal or amendment of legislation to DME for comment is September 2009.
Legislation The first advisory committee meeting was held on 22 October 2008. The committee administered by agreed on the division of work, methodology to be followed and time-frames for the the Department development of a draft consultation paper analysing the statutes administered by DPLG.
of Provincial The second meeting of the committee to consider the draft consultation paper was and Local held on 20 February 2009.
Government effected to the draft consultation paper.
paper containing provisional proposals for repeal or amendment of legislation to DPLG for comment is July 2009.
Legislation administered by the Department of Public Works (DPW) DPW requested the SALRC in May 2008 to be allowed sufficient time to consult with regional offices, the Deeds Office and the relevant archives prior to commenting on the consultation paper forwarded to them in October 2007. Comments on the Consultation Paper were received from DPW on 28 October 2008. A meeting attended by the project leader and officials from DPW was held on 13 November 2008 to discuss comments received with a view to preparing a draft discussion paper. It was agreed at the meeting that the draft discussion paper will be forwarded to the Minister of Public Works for approval prior to consideration thereof by the Commission. The target date for submitting the draft discussion paper containing proposals for repeal or amendment of legislation to the Minister of Public Works for approval is June 2009.
Legislation The first advisory committee meeting was held on 30 October 2008. The committee administered by agreed on the division of work, methodology to be followed and time-frames for the the Department development of a draft consultation paper analysing the statutes administered by DTI.
Industry (DTI) held on 11 March 2009. The committee effected amendments to the consultation paper during March 2009. The target date for submitting a consultation paper containing provisional proposals for repeal or amendment of legislation to DTI for comment is September 2009.
Legislation administered by the Department of Transport (DOT) The compilation of a consultation paper analysing the statutes administered by DOT commenced in November 2006. Discussion Paper 114 containing the Commission's preliminary findings and proposals with regard to the redundancy and unconstitutionality of legislation administered by DOT and an amendment Bill were published for general information and comment in May 2008. The closing date for comments was 31 August 2008. DOT concurred with the findings and proposals for reform made by the Commission. DOT subsequently included the draft legislation proposed in Discussion Paper 114 in their legislative programme for 2009. A notice of intention to repeal redundant statutes, which notice contained the draft legislation proposed by the Commission, was subsequently published in Government Gazette No. 31864 of 13 February 2009. The SALRC informed the Minister of JCD of this development on 19 March 2009. A letter was submitted to the Office of the Chief State Law Adviser on the same date, informing the Chief State Law Adviser that the Commission has no objection to DOT's decision to initiate parliamentary proceedings to have obsolete Acts repealed. Further interaction aimed at confirming some of the findings contained in Discussion Paper 114 took place between officials from DOT, Transnet Freight Rail Legal Services and the SALRC in March 2009. The compilation of a draft report also commenced during the period under review. The target date for submitting a draft report containing repeal and amendment proposals to the Commission for consideration is October 2009.
Treasury and comments. The paper is still under consideration by National Treasury. The Minister appointed advisory committee members on 31 July 2008 to assist with the review of the Income Tax Act, the Value Added Tax Act, the Abolition of Quitrents Act and the Savings Bank Societies Borrowing Powers Act administered by the National Treasury. The second consultation paper dealing specifically with income tax and value added tax legislation and containing preliminary findings and proposals was submitted to the project leader for consideration and comment in March 2009. The target date for submitting a consultation paper containing provisional proposals for repeal or amendment of tax legislation to National Treasury for comment is September 2009.
Bill adopted on 24 January 2000, amongst others requested the Minister to consider the amendment of the Interpretation Act 33 of 1957 to bring it in line with the principles of constitutional democracy and practices of interpretation used by Parliament and the courts since 1994. The Commission decided on 17 November 2000 that the review of the Interpretation Act should form part of its existing project on Statute law: The establishment of a permanently simplified, coherent and generally accessible statute book. This was subsequently approved by the Minister.
The Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) agreed to provide funding for the remuneration of an expert legal drafter to assist with the investigation. An agreement between the consultant and the GTZ was concluded in November 2002. The Commission approved the publication of a discussion paper on the review of the Interpretation Act on 9 September 2006. A media statement announcing the availability of Discussion Paper 112 was released on 6 October 2006. The discussion paper is discussed in the 2006/2007 annual report. After several extensions to afford respondents more time to comment, the final closing date for comments on Discussion Paper 112 was determined as 30 April 2007. Comment on the discussion paper was received as late as September 2007. Evaluation of the comments and the development of a draft report commenced during 2007 and continued during the period under review.
The Commission approved on 9 September 2006 the inclusion of an investigation into the recognition of Hindu Marriages in the SALRC'S programme. This investigation is conducted as part of Project 25 - Statute law: The establishment of a permanently simplified, coherent and generally accessible statute book. South African law does not recognise marriages by Hindu rites; therefore all the legal consequences of marriage do not apply to such marriages entered into in South Africa. Couples in a Hindu marriage for example need not use the court if they want to get divorced. Spouses can also not claim any of the legal consequences of divorce, such as maintenance, after the relationship has ended. The aim of this investigation is to look into the recognition of Hindu marriages in order to afford these marriages full legal recognition and the same status as marriages concluded in accordance with civil rites.
It was decided in November 2008 to convert an issue paper developed on the recognition of Hindu marriages into a discussion paper and to recommend the appointment of an advisory committee to the Minister in order to expedite progress on the investigation.
Alternative dispute resolution (ADR) covers all forms of dispute resolution other than litigation or adjudication through the courts. It therefore includes a broad range of mechanisms and processes designed to assist parties in resolving disputes creatively and effectively. These mechanisms and processes are not intended to supplant court adjudication, but rather to supplement it. The most common types of ADR include negotiation, conciliation, mediation and arbitration. An issue paper dealing with all aspects of ADR was published for general information and comment during 1997.
The finalisation of an amended draft report on community dispute resolution structures is receiving attention. Although an advisory committee meeting to discuss the draft Bill and re-assess the membership of the committee is still pending as most of the active members are not available, the researcher, the project leader and two advisory committee members have considered the draft Bill and a draft report is being finalised. In their consideration of the draft Bill the committee members concerned had encountered a number of problems which were brought to the attention of the project leader and the researcher.
The field of family and divorce mediation developed in a highly segmented fashion as services in the past were provided along lines of race, culture and income level. Family advocates and the divorce courts do utilise mediation, but family advocates have been criticised for not making proper use of mediation procedures, while mediation in the divorce courts is a limited, irregular and informal part of the settlement process. Social workers in provincial institutions are also involved in this area and court referrals often result in intervention requests.
The advisory committee decided that a discussion paper on family mediation would be completed subject to the finalisation of the investigation into community dispute resolution structures.
'Review of aspects of the law of divorce', be changed to 'Custody of and access to minor children' in accordance with its focus and that, because of possible mutual elements in Project 128 and Project 129 - Review of matrimonial property law, both investigations should be dealt with as subprojects under the Commission's existing broad investigation into Family law and the law of persons (Project 100). The Commission also approved that the Minister be approached to appoint a joint advisory committee for the two subprojects.
The Minister on 20 May 2008 approved the inclusion of the former Project 128 - Review of aspects of the law of divorce and the former Project 129 - Review of aspects of matrimonial property law as subprojects under Project 100 - Family law and the law of persons.
The Minister also appointed a single advisory committee for the two investigations.
A family counsellor from the Family Advocate's Office in Bloemfontein requested the SALRC to conduct an investigation into access of fathers to children after divorce where the children were placed in the mother's custody.
128 - Review of aspects of the law of divorce.
Natal province, after which five different questionnaires were developed and distributed to family advocates, social workers, psychologists, legal practitioners and parents. The researcher held focus group forums with family advocate offices in the provinces and one national focus group forum with principal and senior family advocates and family counsellors.
The researcher consulted representatives from key organisations, including tertiary institutions, DOJCD, the South African Association of Mediators and the Family Association of Mediators of the Cape. The researcher met with professionals in the field and held a consultative workshop with Gauteng stakeholders in May 2008. The data received from the questionnaires, the focus group forums and the consultations were analysed and collated for the first draft of the discussion paper. The first meeting of the advisory committee took place on 29 August 2008. The advisory committee met again on 9 March 2009 to discuss the first draft of the discussion paper.
The Matrimonial Property Act 88 of 1984 was passed in order to deal with shortcomings in the matrimonial property law at the time. The Act has been in place for nearly 25 years.
(including the adoption of the 1996 Constitution and the recognition of customary marriages and civil unions) suggest that a review of the law is necessary to ensure that it meets current needs. The purpose of the investigation is to review the current law for greater legislative fairness and justice in governing interpersonal relationships between spouses.
The Minister on 20 May 2008 approved a request by the Commission to include the review of matrimonial property law and its investigation into custody of and access to minor children as subprojects under its existing broad investigation into Family law and the law of persons (Project 100). This was done in view of possible mutual elements - such as a possible need to reform current divorce procedures - between these two subprojects. The Minister also appointed a single advisory committee to assist with the two investigations. The advisory committee met on 29 August 2008 to identify possible issues for reform for inclusion in the issue paper.
The question whether sharing of pension benefits on divorce should be included in the investigation in view of the envisaged pending implementation of draft legislation dealing with this issue was resolved through consultation with DOJCD in January 2009. It was agreed that in view of the fact that DOJCD will not promote the Sharing of Pension Benefits Bill / Divorce Amendment Bill (which emanated from a 1999 report of the Commission) in the near future, problems pertaining to the sharing of pension benefits on divorce would also be addressed in the review of matrimonial property law.
This investigation forms part of the larger project on Sexual Offences. An issue paper on adult prostitution was published for general information and comment in August 2002. This leg of the investigation was left in abeyance for a while as priority was given to the completion of the investigations into protected disclosures (Project 123), stalking (Project 130) and trafficking in persons (Project 131). Research on law reform in respect of adult prostitution commenced in earnest again in 2008 and the Commission approved a discussion paper on this investigation on 28 March 2009.
The legal response to prostitution differs from society to society and over the course of time. Internationally, the topic of prostitution remains an emotive one and opinions on the legal treatment of prostitution are generally strongly polarised. This is no different in South Africa. To ensure full public participation in the investigation and afford all interested parties an opportunity to express their views, the researchers responsible for this investigation are liaising with various organisations, institutions and individuals that would be interested in attending countrywide workshops on prostitution to be hosted by the SALRC during the course of 2009.
This investigation was included in the Commission's programme on 14 June 1997. The objective of the investigation is to determine whether the use of electronic equipment in court proceedings is a viable option to save costs or prevent delays in civil and criminal trials.
In view of several investigations with higher priority and lack of personnel due to vacancies, this investigation did not receive attention until 2003 when the Commission was requested by the office of the National Director of Public Prosecutions to expedite the investigation and to conduct a separate investigation into the possibility of postponement of cases via video conferencing. The Commission's report titled The Use of Electronic Equipment in Court Proceedings (Postponement of Criminal Cases via Audiovisual Link) was finalised in July 2003. In its final report the Commission recommended the use of audio-visual links for applications for leave to appeal and appeals in respect of accused persons in custody in prison. The recommendations of this report have been incorporated in the Criminal Procedure Amendment Act 65 of 2008, which was passed by Parliament on 22 October 2008.
After publication of the report in July 2003, the investigation was held in abeyance pending the availability of a researcher to deal with the investigation. With the appointment of senior state law advisers to fill vacant researcher posts, the project was assigned to a newly-appointed researcher on 13 May 2008. The continuation of the project is currently under review and a decision to this effect will be taken by the Commission at its next meeting. A recommendation will be made to the Commission that Project 113 be treated as finalised in view of the completion and publication of the report on the postponement of criminal cases via audiovisual link in July 2003.
Advancements in technology with the concomitant rapid growth of electronic / computer crimes have brought about a plethora of new forms of evidence. In the broader context it has been recognised that any further investigation of the impact of technological developments on the law should extend beyond 'equipment' and focus holistically on procedures for collecting, storing and presenting electronic evidence in court. As a result, it will also be recommended to the Commission that the remainder of the issues relating to evidence in Project 113 be included as a subproject under Project 126, the comprehensive review of the law of evidence.
In proceeding under Project 126 an important consideration would be whether many of the technologyrelated evidentiary questions can be resolved under the existing rules of evidence. This would require an overarching investigation into aspects of criminal and civil law with subprojects focusing on rules of evidence and procedure to address concerns over the challenges presented by technological developments with regard to legal proceedings.
An issue paper dealing with the admissibility of electronic evidence in criminal and civil proceedings will be published for comment during 2009.
The SALRC, as far back as 1988, undertook an investigation with a view to improving the plight of mentally incapacitated persons who cannot afford the costs involved in securing a High Court appointed curator.
109 of 1990, which amended the Mental Health Act 18 of 1973. This amendment enabled an interested person to apply to the Master of the High Court (which entails insignificant costs) for the appointment of a curator to a person who is not declared to be mentally ill, but whom the applicant believes to be suffering from mental illness to such an extent that the person is incapable of managing his or her own affairs.
Although the present investigation revives the Commission's previous investigation, it covers a broader spectrum. Additional measures to protect the interests of persons whose legal capacity has for some 150 clauses was developed after broad consultation.
During the year under review flow charts of processes reflected in the draft Bill were prepared at the request of the Chief Master to enable long-term planning for the envisaged implementation of the proposed legislation.
on 27 January 2009.
The compilation of a draft report for submission to the Commission was partly suspended between June and December 2007 and September 2008 and March 2009 due to the researcher's involvement in work pertaining to the improvement of the SALRC's processes (see Chapter 1 of the 2007/2008 annual report). This led to the postponement of the target date for the finalisation of the draft report to November 2009.
Privacy is a valuable aspect of personality. While potential invasions of privacy may originate from many sources, a chief concern in recent years has been information privacy. Information privacy has been defined as the claim of individuals, groups or institutions to determine for themselves how, when and to what extent information about them is collected, stored or communicated to others. Information about people and their activities can range from medical and financial records, purchasing habits and property ownership to borrowing habits at the video store, conversations via cellular telephone and surfing practices on the Internet - all mostly recorded in digital form. It is clear that personal information has acquired a market value.
"Additional measures to protect the interests of furthermore become very important persons whose legal capacity has for some reason since instances of identity theft and been diminished had also been researched." fraud have increased dramatically.
reason been diminished had also been researched. An issue paper on this project was published at the end of 2001. A discussion paper was published for general information and comment in January 2004 and is discussed in the 2003/2004 annual report.
Consultation with the DOJCD policy unit and with the Chief Master of the High Court on policy issues took place during 2007.
The investigation deals with the protection of personal information of people whose information is being processed by another person or institution. The investigation was included in the Commission's programme at the request of the Minister of JCD who was, in turn, requested by the Ad hoc Parliamentary Committee on the Open Democracy Bill (later referred to as the Promotion of Access to Personal Information Act) to introduce privacy and data protection legislation in Parliament. The main focus of the project has been the investigation of all aspects regarding the protection of personal information in relation to the processing (collection, storage, use and communication) of information by the State or another person and to recommend legislation or other steps that should be taken in this regard.
The SALRC published an issue paper on privacy and data protection for general information and comment in August 2003. The issue paper is discussed in the 2003/2004 annual report.
2005/2006 annual report. The SALRC hosted a series of workshops throughout the country in 2006. The closing date for comments on the discussion paper was extended to 31 August 2006.
The advisory committee considered and approved the final report and draft Bill on 14 November 2008. The Commission approved the report and draft Bill in February 2009. The report on Project 124 -Privacy and data protection was finalised and submitted to the Minister on 26 February 2009.
March 2009. Approval for the publication of the report is still awaited.
whether of a contractual or delictual nature - has ever been undertaken by the Commission. When reporting on the Bill which subsequently became the Legal Proceedings against certain Organs of State Act 40 of 2002, the Portfolio Committee for Justice and Constitutional Development recommended that the Minister be approached to request the Commission to conduct an investigation into the harmonisation of the provisions of existing laws providing for different prescription periods. An investigation into the review of prescription periods was subsequently included in the SALRC's programme.
An issue paper was published for general information and comment in August 2003 and is discussed in the 2003/2004 annual report. The researcher involved in the preparation of the draft discussion paper was transferred to another department, and the project was assigned to a newly appointed researcher in June 2008. For the purpose of involving the public at an early stage of the investigation, the researcher presented a paper entitled 'Prescription on Sexual Abuse Cases' at a conference on Law, Gender and Social Transformation, which was held at the University of the North from 31 August to 3 September 2008. The researcher is in the process of compiling a draft discussion paper.
The Commission's advisory committee dealing with the simplification of criminal procedure proposed in 2001 that consideration should be given to an investigation to review the rules of evidence. The Commission endorsed the decision of the advisory committee and recommended the inclusion of the project in its programme with the understanding that the investigation was to run concurrently with other relevant SALRC investigations. The Minister in December 2001 approved the inclusion of an investigation to review the rules of evidence in the Commission's programme. An advisory committee for the investigation was approved on 26 November 2003. The Commission resolved that the advisory committee on the review of the rules of evidence should also direct the investigation into the use of electronic equipment in court proceedings.
The advisory committee dealing with the simplification of criminal procedure made the proposal for this investigation with a view to simplifying this area of the law and aligning it with technological developments. The last decade has seen a rapid development in technology and with it unforeseen forms of evidence and attendant difficulties in determining admissibility. In addition thereto, the new constitutional dispensation has impacted on the law of evidence in a number of ways. The right of access to information, the entrenchment of the right to a fair trial and the exclusion of evidence obtained in an unconstitutional manner have all had an impact on the law of evidence and gave rise to a large body of new case law. In addition, the right to equality requires a re-examination of evidence in so far as it departs from the requirements of formal equality. The right to equality also necessitates a reconsideration of the rules of evidence in so far as the rules relate to effective equal access to justice.
Legal certainty on the extent of constitutionally enforceable rights is in the public interest. It is equally important to be able to ascertain the rules of evidence for the sake of case preparation. This issue impacts on the accused, the prosecution and the police in criminal cases, and on the parties to litigation in civil cases. The law of evidence is integral to the enforcement of substantive law and consequently has attracted the interest of non-governmental organisations working in specific fields such as child justice and the abuse of women.
One of the advisory committee members was requested to prepare a draft discussion paper on the principle of relevance and the hearsay rule. The advisory committee considered a revised discussion paper on 10 August 2004, after which the committee requested the committee member to do further research with the assistance of the project leader and another advisory committee member. The project leader and the latter advisory committee member however, resigned during February 2005 and the Commission appointed a new project leader on 2 March 2007.
113 on hearsay evidence and relevancy was announced at a media conference on 7 March 2008. The closing date for comments in respect of both publications was 30 June 2008. The closing date for comments on both publications was extended at the request of a number of role players and because of limited response to the papers. The advisory committee met on 15 November 2008. In view of the limited responses received to the issue paper and the discussion paper, the committee decided that the documents should be submitted to all relevant role players again. The issue paper and the discussion paper were redistributed in January 2009 under cover of a letter summarising the contents of both and requesting comment by the end of March 2009.
The committee also considered a request to include a proposal from the South African Professional Society on the Abuse of Children (SAPSAC) dealing with a code of ethics and an appropriate oath for expert witnesses. The committee resolved to submit the proposal to all professional bodies for comment before deciding on the inclusion of the proposal in the scope of the investigation. Letters requesting comment together with copies of the proposal were submitted to all professional bodies. The committee will consider the next phase of the investigation at its meeting in May 2009.
Development requested the Commission to investigate administration orders by following an incremental approach to distinguish between reforms that could be effected in the short to medium term and reforms that could be effected in the medium to long term.
The Commission decided on 30 September 2005 that a proposal should be made to the Department of Trade and Industry that the National Credit Bill, 2005 should provide for certain amendments which would pave the way for the abolishment of administration orders in terms of section 74 of the Magistrates' Courts Act 32 of 1944. However, the Bill was passed by Parliament without any of the proposed provisions. DOJCD then indicated that it would consider the repeal of section 74 amendments along the lines suggested.
When the Department of Trade and Industry submitted a proposal for urgent amendments to the National Credit Act and the Magistrates' Courts Act, the Commission reconsidered the matter. The Commission decided on 23 June 2007 that it would continue with the investigation. During March 2008 the Commission published a questionnaire on the future of administration orders in view of the provisions of the National Credit Act 34 of 2005. The Commission considered a document on 14 January 2009 detailing the researcher's response to comments on the questionnaire and approved the researcher's proposals on the way forward.
It would be to the detriment of debtors and others to abolish administration orders at this stage.
If administration orders are retained a comprehensive review should be undertaken, but amendments which could be dealt with urgently must be identified.
Administration orders should lapse after a specified number of years and all outstanding debts subject to the administration order should be discharged.
This is subject to a court order on good cause shown made on the basis of an application by a creditor before the lapsing of the order that the debtor should not obtain a discharge for some or all of the outstanding debts.
This is a matter where further consultation is advisable. The consultation can be started with stakeholder meetings and workshops with debtors under administration.
that the SouthAfrican Law Reform Commission be requested to investigate the possibility of a specific civil action in respect of consequential damages arising from hoaxes (including the possibility of punitive damages) separate from the expenses incurred by the security services, to deal with such hoaxes.
Constitutional Democracy against Terrorist and Related Activities Bill). A provision to this effect in our law is, for example, in respect of riot damage, which occurs as a result of gatherings and demonstrations (see section 11 of the Regulation of Gatherings Act, 1993 (Act No. 205 of 1993)).
The project was assigned to the researcher in June 2005. Another researcher was allocated to the investigation in April 2008 when the original researcher left the Commission. A draft discussion paper has been submitted to the project leader for his consideration and comments.
Adiscussion paper dealing with measures to improve the administration process and to reduce the work of the supervising authority and executors was approved for publication by the Commission in September 2005 and is discussed in the 2005/2006 annual report.
It would take a considerable time for the Commission to approve a report on the comprehensive review of administration of estates and for the enactment of proposed legislation. Two matters however require urgent resolution, namely administration of 'small' estates and streamlined procedures for other estates. An interim report dealing with these issues was submitted to the Minister on 19 August 2008 and was released at a media conference on 25 November 2008.
Estates Act 66 of 1965 should be amended to provide that an executor must be appointed in each estate with assets and that the Master may in accordance with guidelines issued by the Chief Master dispense with compliance by an executor with any of the requirements of the Act.
Grahamstown requested the inclusion of an investigation with regard to the culpable and unlawful killing of an unborn baby by a third party in the SALRC's programme. A proposal paper dealing with the South African legal position (referring to the Constitution, the 'born alive' rule in the common law, delict and succession, procedural law, murder, attempted murder, abortion and sentencing), the international legal position, relevant international instruments, regional treaties, foreign jurisdictions, the phenomenon of violence against pregnant women and local cases to recommend the inclusion of the investigation served before the Commission on 25 October 2008. A decision on the matter was postponed pending empirical research by a social scientist on the prevalence of such killings.
The Ombudsman for Long-term Insurance requested the Commission to consider an investigation into mis- and non-disclosure in insurance law. During the course of the preliminary investigation, the matter was discussed with the Financial Services Board (FSB). The FSB responded on 9 June 2008 that the changes proposed by the Ombudsman will receive attention when amendments to the Long-term Insurance Act are next considered.
SALRC would be welcomed and should be forwarded to the FSB for incorporation into a draft amendment Bill for consideration by National Treasury.
The Commission at its meeting on 25 October 2008 approved the recommendation not to include an investigation into insurance non-disclosure in the Commission's programme. The Ombudsman for Long-term Insurance was subsequently informed of the Commission's decision by letter.
Mpumalanga Witchcraft Suppression Bill 2007 be investigated to determine their constitutionality.
A meeting was held with stakeholders on 4 September 2008 to explain the process to be followed in determining whether this investigation should be included in the SALRC's programme as well as to clarify the substantive issues raised in the submissions. A document has since been prepared for consideration by the Commission at its next meeting. It provides background information on the concept of witches and witchcraft in South Africa; sets out the current legal framework; describes existing attempts at and suggestions for law reform in this area and measures the relevant facts against the Commission's criteria for the inclusion of an investigation.
The request for the inclusion of this investigation emanates from the SALRC's media conference of 7 March 2008. The Cape Law Society submitted a proposal to the SALRC on the possible recognition of multi-disciplinary practices for attorneys and the parameters that would need to be set should multidisciplinary practices be recognised.
Practice Bill currently being developed by DOJCD.
DG agreed with the DOJCD recommendation that the SALRC should investigate the issue of multi-disciplinary practices for attorneys.
The Commission approved the inclusion of an investigation into multi-disciplinary legal practices in the programme of the SALRC on 25 October 2008. However, the Commission decided to put the request to the Minister to approve the inclusion of the investigation on the SALRC programme on hold until the Commission has had the opportunity to discuss whether this investigation fits in with the SALRC's strategic plan.
The request for the inclusion of the investigation was received from Mr Morgan Phaahla in March 2007.
The crux of the request is that legislative measures regulating rental property business operators should be enacted. The researcher completed a project plan for the pre-investigation.
Aformer lecturer at the University of Fort Hare requested this investigation. He had learned about the statutory law revision project on SABC radio news and enquired from the SALRC whether the scope of Project 25 could be extended to cover subordinate legislation. His request relates to conditions of service and rules governing student activities in public higher education institutions that impact on the right to academic freedom.
The purpose of the request is to test the constitutionality of these measures as there are growing indications that there are problems with a number of these subsidiary rules.
Policy are being eroded by, amongst others, government policy and institutional management.
SALRC into consolidated legislation pertaining to international cooperation in civil matters. The SALRC completed this investigation in December 2006. The Minister on 19 June 2008 approved the publication of the report. A media release announcing the publication of the report was issued on 15 August 2008.
The terms of this inquiry include recognition and enforcement of foreign judgments, the service of judicial process abroad and the taking of evidence for use in civil proceedings. This investigation was prompted by the need to end South Africa's legal isolation and to allow South Africa to participate more actively in global attempts to improve judicial cooperation. In order to achieve this goal, South Africa needs to clarify and improve its law and remedy gaps and ambiguities in the common law. Reform of this area also provides an excellent opportunity to consider the state of our statute law. The repeal of the Protection of Businesses Act 99 of 1978 is essential if the South African legal system is to be opened to international cooperation. These reforms will obviously benefit litigants seeking to serve process, take evidence or enforce judgments locally. Urgent attention, however, also has to be paid to the plight of South African litigants who wish to perform the same acts abroad.
This investigation reviewed the South African law on the recognition and enforcement of foreign civil judgments, maintenance orders, service of documents abroad and the obtaining of evidence from abroad. The inquiry was concerned only with civil and commercial matters. Fiscal and criminal matters, as well as questions about personal status (such as adoption, custody and guardianship) and marriage (including divorce) were excluded. Matters that were excluded on the grounds that these matters are self-contained topics already adequately provided for in existing legislation are foreign orders of insolvency, admiralty jurisdiction and the administration of foreign deceased estates. The enforcement of foreign arbitral awards, although an important method for settling commercial disputes, was excluded because it had already been the subject of an intensive investigation by the Commission.
Process Act 12 of 1990 should be extended to make the Act's procedures for serving process available to litigants in countries with which South Africans have frequent dealings. When deciding which countries to designate under the Act, the Minister should take the promise of reciprocal treatment and the judicial standards prevailing in selected countries to ensure compatibility with the South African Constitution into consideration. South Africa should also accede to the 1965 Hague Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil and Commercial Matters.
The Protection of Businesses Act 99 of 1978 is a major obstacle to international judicial cooperation and must be repealed. A straightforward repeal of the Act would leave the courts free to construct new rules to achieve this aim under the rubric of public policy.
"Executive rather than judicial action is appropriate, may be refused. New legislation since the executive is better placed to discern the with regard to requests for service, long-term domestic and international implications evidence and the enforcement of for national security or the economy."
Africa need to be consolidated.
Evidence Act 80 of 1962, since the Act is designed to control requests to and from foreign countries. South Africa should incorporate the 1970 Hague Convention on Taking of Evidence in Civil or Commercial Matters into our domestic law, subject to certain qualifications.
The Enforcement of Foreign Civil Judgments Act 32 of 1988, even if amended, would only apply to judgments emanating from countries designated by the Minister of Justice under the Act. The enforcement of judgments in and from all other countries remains subject to the common law.
foreign judgments should be based on the assumption that cooperation by the South African judicial system will be forthcoming. Only if it can be proved that giving effect to a request will entail the award of penal or multiple damages may the courts refuse to cooperate. The Minister should be entitled to intervene by prohibiting action in the courts if a particular request for international judicial cooperation poses a threat to national security or the economy. Executive rather than judicial action is appropriate, since the executive is better placed to discern the long-term domestic and international implications for national security or the economy.
The Enforcement of Foreign Civil Judgments Act 32 of 1988 provides for an accelerated procedure for enforcing foreign judgments in South Africa and for assisting local litigants to enforce the judgments of South African courts. The scope of the Act must be extended to more countries. The Act however should not be made the exclusive method for enforcement and common law action should be retained as a residual option.
Maintenance awards are generally not enforceable under the common law.
Africa Act 6 of 1989 provide procedures for enforcing awards emanating in South Africa and in countries abroad, but only apply to countries designated by the Minister of Justice. Of the two Acts, the 1989 Countries in Africa Act is considered the more effective Act as it applies to a wider range of orders and provides for a simpler and more streamlined procedure.
Act, none have been designated under the 1989 Act. The two Acts should be consolidated along the lines of the 1989 Act and more countries designated. To facilitate the enforcement of maintenance awards in a greater range of countries and to obviate the need to negotiate bilateral agreements, it is advisable that South Africa accede to the 1957 UN Convention on Recovery Abroad of Maintenance and the 1973 Hague Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations.
There is no pressing need to consolidate all Acts governing international judicial cooperation into a single instrument. In particular, Acts governing enforcement of maintenance orders and other civil judgments should be kept separate.
59 of 1959 and the Magistrates' Courts Act 32 of 1944 should be amended to ensure a uniform procedure for foreigners wishing to obtain evidence in South Africa.
Orders (Countries in Africa) Act 6 of 1989 and the Reciprocal Service of Civil Process Act 12 of 1990. It is recommended that the South African law should be amended to make statutory procedures more widely available. Reciprocal treatment from foreign states must be ensured. The most practical solution for achieving this aim in the short term is the negotiation of bilateral treaties with South Africa's immediate neighbours and major trading partners, an initiative that will require action by the Department of Justice and Constitutional Development together with the Department of Foreign Affairs.
Afurther stage of reform entails SouthAfrica's accession to certain multilateral conventions. Two immediate targets are the 1957 UN Convention on the Recovery Abroad of Maintenance and the 1973 Hague Convention on the Recognition and Enforcement of Maintenance Obligations. Moreover, in order to keep abreast of global developments, South Africa should participate actively in the Hague Conferences on international law. In the longer term South Africa should take the lead to encourage closer regional cooperation in the Southern African Development Community. For this purpose, regional conventions in Africa, Europe and South America would provide useful models.
The Minister approved on 20 July 2000 the inclusion of the investigation into protected disclosures in the SALRC's programme.
Bill and the subsequent promulgation of the Protected Disclosures Act 26 of 2000 (the PDA). The Commission approved the report on 25 April 2008. The Minister on 23 September 2008 approved the report for publication and the report was released at a media conference held on 25 November 2008.
The main focus of the investigation into protected disclosures was to explore the possibility of extending the ambit of the PDA beyond the purview of the traditionally understood employer / employee relationship.
Determine whether provision should be made for the exclusion of criminal and civil liability upon making a protected disclosure in terms of the PDA.
Consider the creation of a new cause of action for an employee who has been victimised by an employer in contravention of the PDA and the possible inclusion of the concept of punitive damages.
Consider the appropriateness of creating offences in the PDA in terms of which an employer would be committing an offence by unlawfully subjecting an employee to an occupational detriment, and an employee would be committing an offence by making a false disclosure or by making a disclosure without knowing or believing it to be true.
Recommend any legislative or other steps that should be taken in this regard.
In the report the Commission has made a number of findings and has recommended that certain amendments be made to the PDA and the draft Practical Guidelines for Employees.
The remedies presently provided for in the PDA are confined to the relationship between an employer and employee in the public and private sectors.
expressly excludes independent contractors from its ambit and would seem to also exclude agency workers (employees of a temporary employment service) and other such workers. The Commission recommends that the protection of the PDA should be extended to all persons 'working' in the work environment who are not defined as employees. It recommends the insertion of the definition of 'workers' to cover volunteers, independent contractors, agents, consultants and similar persons.
The inclusion of the definition of 'worker' means that the definition of 'employer' encompasses the hirers of services and is not confined to employers as defined in the Labour Relations Act 66 of 1995. For the purposes of the PDA this will mean that an employee or worker who is rendering services to a client, for example a security officer, will have two employers.
The Commission recommends that where one of the employers on the express or implied instructions of the other employer subjects the employee or worker to an occupational detriment as a result of blowing the whistle, both employers should be held jointly and severally liable for the detriment suffered.
The definition of 'occupational detriment' is amended to make express reference to a detriment typically experienced by contract workers, namely the loss of a contract or the inexplicable failure to be given a contract.
In terms of section 8 of the PDA a disclosure may only be made to the Public Protector or the Auditor-General and then only in relation to their particular functions.
PDA, the Commission recommends that an extended list of persons or bodies should be provided for in regulations to the PDA.
The need to protect certain information either in the national interest of the country or in the interest of the livelihood of an employer by way of confidentiality or secrecy agreements militates against granting blanket immunity from liability for disclosures. Immunity from civil and criminal liability is recommended in instances where the content of the disclosure is sufficiently serious, that is, where the disclosure relates to the commission of a criminal offence. However, immunity may only be granted subject to the discretion of the court in which the action is brought and the immunity does not extend to whistleblowers who have participated in the wrongdoing.
As whistle blowing is essentially a public duty that may attract detrimental financial and private consequences, the Commission found it apt to propose an amendment to the PDA which expressly provides that the actual damage suffered may be claimed.
PDA. Where an employee or a worker knowingly makes a false disclosure such disclosure will not be a protected disclosure.
or herself to various criminal charges such as criminal defamation, crimen injuria or fraud at common law.
The guidelines to be issued in terms of the PDA should, in addition to an explanation of the procedures available, include the pre-conditions which need to be complied with in order to obtain the protection of the PDA.
The Ministerin January 2003 approvedthe inclusion of an investigation into stalking in the programme of the Commission.
Paper on Sexual Offences: The Substantive Law.
Commission had recommended that in keeping with numerous foreign jurisdictions, a separate investigation should be conducted to ascertain the need to enact comprehensive legislation prohibiting stalking. The Minister on 27 October 2008 approved the report for publication and the report was released at a media conference held on 25 November 2008.
It is the Commission's view that stalking behaviour should be regulated by way of legislation under the broader term 'harassment'. Internationally the legal understanding of stalking has evolved to the point where it now resorts under what is broadly termed 'harassment'. The term 'harassment' is used in order to provide greater protection. The proposed Protection from Harassment Bill provides a specific civil remedy for stalking aimed at interrupting the stalker's pattern of behaviour before physical harm to the victim occurs. With the exception of domestic violence specific provisions, the Bill mirrors the civil remedy provided for in the Domestic Violence Act, namely a protection order against harassment (as defined) coupled with a suspended warrant of arrest.
The report also recommends that practical mechanisms be developed by relevant government departments to effectively utilise existing common law crimes such as assault, crimen injuria, trespassing or malicious damage to property in cases of stalking behaviour.
implementation of practical measures such as training and the development of guidelines and protocols by DOJCD and SAPS to ensure effective intervention.
United Nations Protocol on Trafficking in Persons, which recognise trafficking in persons as a world-wide problem. This places an obligation on the RSA to align its domestic laws and policies with the standards set by the international instruments. The Minister on 21 January 2003 approved the inclusion of an investigation into trafficking in persons in the SALRC's research programme. The Report on trafficking in persons was submitted to the Minister in August 2008. The Minister on 23 September 2008 approved the report for publication and the report was released at a media conference held on 25 November 2008.
With its root causes in poverty and lack of economic opportunities, trafficking in persons has become one of the most lucrative businesses today with linkages around the world. Trafficking in persons involves the trading of persons as commodities by various means and is often connected to organised crime, the sex trade and modern-day slavery. South Africa is increasingly becoming a transit country and a country of destination for the trafficking of persons, especially women and children. There have been sporadic reports of the trafficking of South Africans to other parts of the world.
It is the Commission's view that the trafficking of persons should be regulated by way of legislation.
Prevention and Combating of Trafficking in Persons Bill contained in the Report on trafficking in persons addresses three main aspects, namely the prevention of trafficking in persons, the prosecution of traffickers and other role-players, and the protection of victims of trafficking. The legislation provides for the establishment of public awareness programmes or other measures for the prevention of trafficking in persons. It criminalises trafficking in persons and related acts such as subjecting a victim of trafficking to debt bondage and destroying or confiscating the documents of victims of trafficking.
With regard to protective measures, the legislation provides for the reporting and referral of child and adult victims of trafficking. The protective measures in terms of the Children's Act 38 of 2005 apply to all child victims of trafficking. A foreign adult person certified as a victim of trafficking has the right to apply for a recovery and reflection period which will allow him or her to stay in the country for up to 90 days. Furthermore, no criminal prosecution may be instituted against an adult or child victim of trafficking for crimes committed as a direct result of his or her situation as a victim of trafficking. Victims of trafficking who agree to cooperate with law enforcement and prosecuting authorities may be issued with a temporary residence permit. A permanent residence permit can be provided to a victim under certain circumstances if he or she may be harmed, killed or trafficked again if returned to his or her country of origin.
The legislation provides for the accreditation of organisations to provide certain services to adult victims of trafficking.
Act, the legislation provides for compensation to victims of trafficking for physical or psychological injury or for being infected with a life-threatening disease. In conclusion, the legislation provides that victims of trafficking should be repatriated in terms of a process that takes cognisance of their safety not only during the repatriation process, but also in the countries to which they are to be returned or when returned to South Africa.
Harmonisation of the common law and indigenous law, which was included in the Commission's programme in 1993.
In 1999 the project was changed to 'Customary law', but was later changed to 'Administration of estates'. Discussion Paper 110 dealing with measures to improve the administration process and reduce the work of executors and the supervising authority and which also called for comment on the future role of customary law in the administration of estates was published in October 2005.
It would take the SALRC considerable time to approve a report on the comprehensive review of the administration of estates and for the legislature to enact legislation recommended in a report. The interim report deals with two matters that require urgent resolution, namely administration of 'small' estates and streamlined procedures for other estates. The interim report was submitted to the Minister during August 2008. The Minister on 23 September 2008 approved the report for publication and the report was released at a media conference held on 25 November 2008.
18(3) of the Administration of Estates Act 66 of 1965 is problematic and urgent measures are required to protect beneficiaries in these estates. A 'small' estate is an estate with a value of less than the amount fixed by the Minister from time to time - at present R125 000-00.
Measures to protect beneficiaries in small estates are necessary because these beneficiaries are often less able to protect their own interests than beneficiaries in large estates. There is a laudable practice in the Master's office and at service points at magistrates' offices to assist beneficiaries to report and finalise small estates without delay or costs.
This practice should be continued or expanded and protective measures in large estates should rather be relaxed to ease the Master's burden.
Small estates in which minors, incapacitated or other vulnerable persons have an interest deserve special consideration. Resources should be devoted to the protection of such persons and the Master should play a role from case to case to safeguard their interests without causing delays or costs for the beneficiaries.
TheAdministration of EstatesAct endows the Master of the High Court with wide powers to act against executors who fail to comply with their duties, but contains no express powers to act against persons given directions in terms of section 18(3).
The Administration of Estates Act should be amended to provide that an executor must be appointed in each estate with assets and that the Master may in accordance with guidelines issued by the Chief Master dispense with compliance by an executor with any of the requirements of the Act.
The size of the estate remains a factor when deciding on the requirements to be complied with during the administration of an estate, but other factors should also be taken into account, for instance, whether an account of assets, liabilities and intended distribution signed by or on behalf of beneficiaries has been lodged; the nature of the relationship between the beneficiaries and the executor; and the sophistication of the beneficiaries.
Following the decision in Bhe and Others v Magistrate, Khayelitsha and Others 2005 (1) SA 580 (CC), all customary law estates must be administered under the supervision of the Master. This and other factors have significantly increased the Master's workload and have placed the Master's Office under severe pressure.
Some procedures can be streamlined without the need for statutory amendment. The procedures to be followed in cases where protective measures are relaxed must contain safeguards to ensure a balance between the streamlining of procedures and the protection of beneficiaries.
Master's Office and leads to considerable delays. The advantages derived from examining all accounts must be weighed against the disadvantages of the delays and costs caused by the examination of all accounts.
Master to examine the account; and accounts where it appears that there is a possibility that estate duty will be payable.
A liquidation and distribution account should be deemed to have been examined by the Master without preconditions before the account is advertised for inspection if the Master does not issue a list of requirements within a specified number of working days after receipt of the account.
The follow-up of requirements is standard procedure and often serves no purpose in protecting beneficiaries.
The interim report recommends that the Chief Master consider issuing a directive on the follow-up of requirements after an account has been advertised free of objections. Requirements should not be followed up unless circumstances are present that give rise to a belief that an estate is insolvent, that there are beneficiaries lacking full capacity or that vulnerable beneficiaries are involved.
66 of 1965 provides that an executor may be removed from office if the executor fails to perform satisfactorily any duty imposed upon the executor by or under the Act or to comply with any lawful request of the Master.
Before removing an executor from office the Master must, in terms of section 54(2), forward to the executor by registered post a notice setting out the reasons for the removal and informing the executor that he may apply to the Court within 30 days from the date of the notice for an order restraining the Master from removing the executor from office.
There is no legal requirement that a 'final reminder' must be issued before the Master may remove an executor from office. There is also no requirement that the Master should notify an executor of the Master's intention to remove the executor from office. All that is required is that the Master must forward a notice setting out the reasons for the removal and informing the executor of the possibility of applying to court within 30 days for an order restraining the Master from removing the executor from office.
Chief Master considers issuing a directive streamlining the removal of executors.
In order to ensure the best possible involvement of interested parties, it is the SALRC's policy to inform the public as far as possible of new investigations undertaken and of issue papers and discussion papers published for general information and comment. The SALRC's issue papers and discussion papers are released by way of media statements so as to ensure good coverage. However, the SALRC also submits issue papers and discussion papers of its own accord to institutions that have an interest in the investigations concerned. The reaction to these documents is an indispensable link in the process of law reform and it plays an important role in the eventual recommendations made by the Commission in its reports.
The good relations maintained by the SALRC with law reform bodies and institutions in other countries make the exchange of consultation papers, reports and other information possible. In this way, valuable information is exchanged that facilitates and expedites comparative research. It is significant how various legal systems are often faced with similar problems. The exchange of documents and information enables the Commission to evaluate thinking elsewhere in the world. In the year under review the SALRC was privileged to host a number of foreign visitors and work attachments.
Ms Anita Ababio, the Executive Secretary of the Ghanaian Law Reform Commission and Ms Cherith Sanger of the Women's Legal Centre in South Africa visited the SALRC on 27 May 2008 to gain insight into the legal process, research methodology, funding of the SALRC, training provided to SALRC officials, the different phases of investigations, consultative processes and cooperation between the Ghanaian Law Reform Commission and the SALRC.
The SALRC hosted an Indonesian delegation on 5 March 2009 on request of the United Nations Development Fund for Women (UNIFEM).
Policy Network; and Mr Akhiruddin, a board member of Gerak, a human rights NGO. The purpose of the visit was to share good practices on efforts to eliminate violence against women. SALRC researchers briefed the delegation on human trafficking, adult prostitution, stalking, protected disclosures, domestic violence, sexual offences and Hindu marriages.
Study visits by delegations from the Democratic Republic of Congo and the Namibian Law Reform Commission were cancelled at short notice and will hopefully take place in the near future.
SALRC researchers frequently liaise with international organisations, as well as experts and officials from other countries.
25 August 2008. Dr Blankman is an expert on assisted decision-making and he is chairing a European Union working party developing guidelines on enduring powers of attorney.
Assisted Decision-making were discussed.
March 2009. The meeting was arranged at the request of FPB.
Harmful Traditional Practices on 30 March 2009 for a Joint Research Undertaking on the Convention on the Elimination of Discrimination against Women.
The seminar flowed from a bilateral meeting between the Minister for Women and Public Administration of Austria and the Minister in the Presidency. The outcome of this meeting was that the Governments of South Africa and Austria agreed to collaborate closely on joint programmes to promote the rights of women. The seminar was preceded by a meeting at the SALRC which was attended by the Full-time Commissioner of the SALRC; the Secretary of the SALRC; Judge Hofmeister, an Austrian judge; and Ms Wörgetter, deputy at the Austrian Embassy, to discuss assistance that the SALRC could offer.
Commission, contacted the Secretary of the SALRC on 12 June 2008 to enquire about the distinction between an advocate, an attorney and a conveyancer.
Wyk provided him with the necessary information.
Ms Sandra Petersson, the Research Manager and acting Director of the Alberta Law Reform Institute, approached the SALRC on 3 February 2009 with an enquiry on whether the SALRC had conducted research on specific performance under a contract for the sale and purchase of land. Mr Pierre van Wyk provided Ms Petersson with the relevant information.
The Uganda Law Reform Commission (ULRC) requested the SALRC during February 2009 to assist with arrangements for the ULRC to meet with South African experts on customs and excise duty and to provide them with information on suitable accommodation. The Induction Committee referred ULRC's request to meet with experts to the South African Revenue Services (SARS). The Induction Committee provided ULRC with information as received from SARS and a list of hotels and bread and breakfast establishments with contact details and costs.
The SALRC received a request from Maryland University in the United States of America to host two of their students as interns for six weeks during the course of 2009. The Induction Committee liaised with Maryland University in this regard.
10 to 12 September 2008.
Commission in the light of the Project 25 subproject on statutory law revision. ALRAC also afforded the SALRC delegates the opportunity to engage with representatives from other law reform agencies on their processes of consultation, review and reporting.
South African delegation.
Affairs.
Commission on International Law.
The SALRC, in partnership with Juta Publishers, launched the Ismail Mahomed Law Reform Essay Competition for 2008 in April 2008.
Officials of the SALRC and Juta visited the law faculties of the Universities of Johannesburg, Pretoria, Limpopo, Venda, the North West (Potchefstroom and Mafikeng campuses), the Walter Sisulu University and the University of South Africa between August and September 2008 to promote the competition. The SALRC received essays from students registered at the Rhodes University, University of the Witwatersrand, Nelson Mandela Metropolitan University, University of Cape Town, University of South Africa; University of Pretoria, University of Limpopo and the University of Johannesburg.
(Executive Director: Foundation for Human Rights); and Ms Thuli Madonsela (Full-time Commissioner: SALRC) was appointed to evaluate the essays and decide on the winner.
student at Rhodes University, for his essay entitled 'With such changes as may be required by context: Section 13 of the Civil Union Act, absurdity and gender discrimination in the legal consequences of marriage', and Ms Suzanna Harvey, a student at the University of Cape Town, for her essay entitled 'Closing a loophole in the Labour Relations Act: The Constitutionality of s198'.
The SALRC maintains good relations with the electronic and the printed media. Information that, in the SALRC's opinion, is newsworthy is supplied to the media and enquiries are replied to fully and promptly. The SALRC wishes to express its gratitude for the interest displayed by the media in investigations conducted by the SALRC. This was especially apparent at the highly successful media conference held by the SALRC on 25 November 2008.
The Secretary and Assistant Secretary deal with enquiries on the work of the SALRC virtually on a daily basis. These include enquiries from the media, other state departments, the professions, universities, NGOs and members of the public. Apart from dealing with routine enquiries on a regular basis, researchers and advisory committee members also participate in various programmes and discussions relating to their research projects. These take the form of, among others, interviews with radio stations, television appearances, articles in law journals and liaison with individuals and institutions.
The SALRC holds extensive workshops and briefings in respect of relevant investigations, which is in line with the Commission's policy of broadening its consultation base. An effort is made to host the workshops and present briefings in as many different locations (urban and rural) as possible and the target audiences are state departments, parliamentary committees, relevant NGOs, the legal fraternity, relevant experts and the community in general.
Researchers and advisory committee members often participate in activities not initiated by the SALRC nationally and abroad. They are invited by government departments, non-governmental organisations and other institutions to attend seminars or conferences and to participate in workshops relating to investigations on the SALRC's programme. In addition, they are frequently requested to present papers or lectures on the research projects that they are involved in or have been involved in. This approach facilitates cooperation between the SALRC and other role players, serves to publicise the SALRC's activities and ensures that duplication of initiatives is avoided.
Simplification of in July 2003 to review the South African criminal period Mr Van Vuuren criminal procedure justice system.
Mr Willie van Vuuren DOJCD's review of the criminal justice system.
Assisting Adv Vass Soni SC with research material and information on Parliamentary deliberations around the age of consent for the Phaswane matter serving before the Constitutional Court Drafting a letter in response to requests for law reform with respect to the offences of rape, sexual assault, compelling a child to witness sexual offences, sexual acts and sexual grooming Telephonic enquiry relating to age of consent and homosexual youths.
Brief an Indonesian delegation linked to UNIFEM.
The South African Law Reform Commission's comprehensive website can be accessed at http://salawreform.justice.gov.za.
During the period under review a substantial number of persons and institutions responded to specific or general invitations by the Commission to comment on particular issues or to assist with its activities in some respect.
It is impossible, within the scope of this report, to mention all contributors. However, the Commission expresses its sincere gratitude to all concerned: without their goodwill and assistance the Commission would not be able to execute its mandate properly.
Interpretation Act 33 of 1957 during the reporting period. The Commission wishes to record its sincere appreciation to the GTZ.
The Commission would also like to thank the researchers of the Secretariat for their dedication and the consistently high levels of excellence and professionalism maintained by them. The Department of Justice and Constitutional Development as a whole is thanked for its cooperation and goodwill.
12th Floor, Middestad Centre Email: reform@justice.gov.
C/o Andries and Schoeman Streets Internet: http://salawreform.justice.gov.
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The Minister of Finance Mr Trevor A Manuel, MP will present the Medium Term Budget Policy Statement (MTBPS) to Parliament on Tuesday, 21 October 2008. Only journalists (and not analysts) will be given access to the documents in a lock-up under police surveillance.
Lock-ups have been arranged both in Cape Town and Pretoria. Please note that no information contained in any of the documents prior to the lifting of the embargo on 21October 2008 may be leaked, as this would jeopardise future arrangements. A breach in the embargo is considered very serious and is dealt with in the same manner.
Journalists are required to confirm their details with Lindani Mbunyuza on (012) 315 5645 or lindani.mbunyuza@treasury.gov.za by no later than 13 October 2008.
Stories can be transmitted to Editors ONLY from 13:00 (with full observation of the embargo).
Cellphones are to be switched off and handed to National Treasury officials.
30 (Imbizo media centre, 120 Plein Street, Cape Town).
For access to Parliament for the speech at 14:00, please liaise with the Parliamentary Media Unit.
Nobody will be allowed to leave the lock-up before 14:00.
National Treasury officials will be available in case of any emergencies. Refreshments will be served at 09:30 and 12:30.
All documentation will be available on our website (www.treasury.gov.
Minister starts his address.
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I was deeply shocked and saddened by the passing away of Minister Kwadwo Baah-Wiredu. Kwadwo was an affable, humble and well respected leader. He was among the founding ministers who played a key role in establishing the Collaborative Africa Budget Reform Initiative as an African-owned network of senior budget officials. Minister Baah-Wiredu was passionate about the art of the Finance Minister, his work was premised on the unshakeable belief in the success of democracy in Ghana and he lived as a proud and unapologetic Pan-Africanist. His contribution to good financial governance and public sector reforms will be dearly missed. In his passing, the African cause has lost a huge champion.
Rest in peace, my friend and brother.
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Madam Speaker, in tabling the budget in February this year, I shared an economic weather report with Members of the House, which indicated that there were stormclouds on the horizon. Indeed, on several occasions in recent years, we have drawn attention to the growing imbalances between the major trading regions of the global economy, the scale of the adjustments required and the risk to the international community of associated financial disruptions.
These imbalances have accumulated over more than a decade, and are embedded in global trade patterns, inequalities between and within nations, imprudent lending to households and the intricate mechanisms through which credit risks have been packaged and resold. The dimensions of these flows are staggering. The United States consumes US$700 billion more than it produces every year, financed mainly through surpluses in Japan, China and oil-exporting countries. Banks have become increasingly inventive in channelling foreign savings to American consumers and firms. For example, the market for credit default swaps through which bad debt has been passed onto pension funds and other investors grew from US$100 billion in 2000 to US$62 trillion last year. This is just one of the financial innovations of the last decade that has contributed to the current destructive implosion of global financial markets.
A structural correction was needed, but the ferocity of the financial crisis was not anticipated. Global stock exchanges have lost US$5 trillion in value over the past month, the oil price is down from its peak in May of US$145 a barrel to US$70, the platinum price has fallen from a high of US$2 254 to US$903 an ounce, the prices of coal, copper and steel have fallen sharply, manganese and aluminium stockpiles are mounting in ports and warehouses and all across the world industrial order books are shrinking. Several major banks and financial institutions have collapsed or have required direct support from their governments. The scale of fiscal interventions under way is historically unprecedented, but it is nonetheless expected that factories will close in industrial economies, unemployment will rise and foodstamp queues will lengthen. We do not yet know how the crisis will be concluded, nor what its impact will be on output and employment, trade relations or the world's financial system.
The storm has arrived, it is fiercer than anyone could have imagined and its course cannot be predicted.
But, Madam Speaker, we saw the signs early, and we took appropriate action. We can say to our people: Liduduma lidlule! The thunder will pass. We can say to our people: our finances are in order, our banks are sound, our investment plans are in place, our course is firmly directed at our long-term growth and development challenges, and we will ride out this storm, whatever it takes, together, on the strength of a vision and a plan of action that we share.
We can say these things, Madam Speaker, because this government, since 1994, took the tough decisions early. Beginning with the balance articulated between meeting basic needs and promoting investment and growth in the Reconstruction and Development Programme, and then in reprioritising spending and reducing the budget deficit in the 1990s, in the adoption of an explicit target for inflation, in our gradual approach to the relaxation of exchange controls, our strengthening of bank regulation and in the steady accumulation of foreign reserves during the last five years, we have kept our focus on the reforms required for long-term growth and development. We have adopted a macroeconomic framework and a fiscal stance capable of withstanding tough times and protecting our economy and our people during times of global economic turbulence.
I am very aware, Madam Speaker, that our policy decisions have sometimes been controversial. But if our economic policies were designed for their populist appeal, if we tried to finance everything, at once, for everybody, then short-term gains would quickly give way to long-term misery. Our policies are aimed, instead, at sustainable progress for workers in our factories and on our farms, support for families through steadily rising social services and income transfers, businesses that can invest in the confidence of a sound fiscal and financial environment, public services that will continue to serve our children and our children's children.
Yet there is no avoiding the coming storm. Global economic growth will slow for several years, our export earnings will be negatively affected and it will be more difficult to finance our investment needs. Economic growth in the seven richest countries, which make up half of world economic output, may well be zero or negative next year. Growth in the global economy is forecast to fall from over 5 per cent in 2007 to 3.9 per cent this year and perhaps less than 3 per cent next year. Growth in India and China will also slow, as exports to their trading partners decline.
Following four years of economic expansion of 5 per cent a year, the revised GDP growth estimate for South Africa for this year is 3.7 per cent, somewhat below our forecast of 4 per cent in February. Next year, we expect to grow by 3 per cent, accelerating moderately in 2010 and beyond, as the global economy begins to recover. Continuing investment in infrastructure contributes to the momentum of growth in South Africa, and is also reflected in our ongoing current account deficit on the balance of payments, which means that we need to continue to attract financial inflows from the rest of the world while improving our domestic saving performance as well. Navigating our way in this changed economic environment will be tougher, but we will continue to expand and improve public services, and invest in the infrastructure required for future growth.
There is an aspect of South Africa's interconnectedness with the global crisis that I need to emphasise, Madam Speaker. We will be negatively affected by the slowdown and uncertainty ahead, but we have also benefited from the strong growth and high commodity prices of the recent past. Reflected in our favourable terms of trade in recent years and identified as a cyclical revenue component that should be saved and not spent, this gain accounts for the moderate budget surplus we were able to report last year. We recognised that the world has enjoyed a long period of unbalanced growth, and that it could not persist indefinitely. That the imbalances lasted so long was made possible by excesses in the financial sector, bad loans dressed up as tradable securities, inadequate regulation and the presumption that bankers who earn huge salaries and bonuses must understand what they are doing. Such blind faith in unfettered markets is misguided, and has got the world into the difficulties we now see.
Our approach has been different. We have recognised that there is creative strength in markets and they assist in mobilising resources, encouraging innovation and creating jobs. But Madam Speaker, markets left without adequate supervision or regulation, sometimes fail spectacularly. The legal and regulatory framework within which markets operate is important, and governments have substantial responsibilities to intervene in support of economic and social stability, and to ensure that the benefits of growth are inclusive and broad-based.
This financial crisis invites all of us to revisit the critical questions of the relationship between market processes and their regulation, of the balance between public service delivery and private sector development and of the appropriate arrangements for safeguarding the integrity of our financial institutions.
Countries that put the interests of their people first, above dogmas and ideologies, have been able to grow and prosper in the face of adversity over several decades. Macroeconomic policy is about ensuring that we sustain our growth rates as the international business cycle rises and falls by managing the cost of capital and how much we save and invest. When we chose to budget for a surplus, it was not because of any particular ideological position. It was the right thing to do in the economic circumstances. And in time to come, as we revert to a budget deficit, along with several other countries in similar circumstances, it will not be because we have adopted a new economic creed but it will again be because it is the right thing for changed economic circumstances. Our fiscal stance is a considered one, putting the long-term interests of our people first.
Our low level of debt, especially foreign debt, and our prudent approach to fiscal policy, provide us with the space to adjust our policies to cushion the economy against the worst effects of the global crisis. Let me comment briefly, Madam Speaker, on the oversight of our financial institutions in the present circumstances, and the special role that trust and integrity play in securing effective credit markets and financial peace of mind.
The financial stability assessment conducted by the IMF and World Bank during April and May this year concluded that the financial system in South Africa is fundamentally sound, and noted that our financial sector regulatory framework is sophisticated, modern and effective.
Every day, sometimes more than once a day, I receive a phone call from Mr. Errol Kruger, our registrar of banks, who gives me an update on developments in our banking system. Mr Kruger, in turn, is in regular communication with the chief executives of our banks, and a constant flow of data and consultations keeps both the regulators and risk management teams of our credit institutions informed and alive to market developments. We are in regular communication with the governor of the Reserve Bank to discuss developments in the international environment and the wider financial sector. The Financial Services Board is constantly reviewing our insurance and pension fund industry, tracking the status of assets under management and reviewing fund governance, to ensure that the pension funds of workers are protected and prudently managed. These procedures and measures may seem technical and at times overly bureaucratic. But we proceed from the premise that this Parliament has entrusted us with responsibility for licensing and oversight of our financial institutions; and licenses to do business are granted on the understanding that the highest standards of financial responsibility and integrity will be maintained.
One of the features of the present financial crisis internationally is that banks have lost trust in each other, and so inter-bank lending has collapsed. A deterioration in public confidence has also resulted in runs on some banks in Europe. In countries such as Hungary and Iceland, high levels of reliance on foreign capital has left the domestic banking system unprotected from these confidence failures. In South Africa, Madam Speaker, the balance sheets of our banks remain sound. They rely on rand-based capital and South African deposits, and the local inter-bank market remains fully functional and competitively priced. The World Competitiveness Report ranked the soundness of South Africa's banks 15th in the world, above both the US and Switzerland.
I give these assurances, fellow South Africans, not to suggest that nothing can go wrong, nor indeed to pretend that our banking sector is somehow unconnected from international financial flows, but to indicate that your government is vigilant, and our vigilance rests on a clear appreciation of the trusteeship obligations of our financial institutions for the deposits of our citizens, the savings of our workers, the pensions of our senior citizens and the security of our children's future.
Allow me to add, Madam Speaker, that the strength of the capital structure of our financial sector is a necessary condition for its effective contribution to the broader social and developmental obligations recognised in our Financial Sector Charter. It is surely now clear that capital adequacy cannot be compromised in the interests of promoting unsound lending practices or pursuit of unrealistic equity participation targets in our banks.
Madam Speaker, since 2000 the measure of price trends that we have used for inflation targeting purposes has been CPIX. The target excluded mortgage repayments from the inflation measure because of the direct impact of monetary policy on these household expenses. But interest on loans is not an adequate measure of the cost of housing, and so in line with international best practice, Statistics SA will shortly replace this component of the consumer price index with "owners' equivalent rent", alongside several other changes to the CPI basket. The inflation measure for policy purposes will therefore revert to the full consumer price index for major urban areas. The target band for inflation remains 3 to 6 per cent and we expect that CPI will fall into the target band in the third quarter of 2009.
During 2008, the world experienced an almost unprecedented increase in the price of food and fuel. The world's poor bore the brunt of these price increases with many countries experiencing social strife as a result of higher food prices.
13.6 per cent in August. Oil prices are now falling and food prices have moderated. Taking into account the slowdown in consumer spending and the clear resolve of the monetary authorities, we expect consumer price inflation to fall during the remaining months of 2008 and next year. The government has taken several steps to mitigate the impact of higher food prices, and income support for the poor remains one of the fastest growing categories of our public expenditure.
The circumstances behind rising prices over the past year were exceptional and largely external, and the Monetary Policy Committee has taken appropriate steps to ensure that inflation will subside over the period ahead. Moderation of inflation must remain a central policy objective, particularly as we seek to expand investment and job creation under conditions of heightened business uncertainty.
Madam Speaker, since 1994, this government has affirmed that budgets are not about markets or bonds or statistics. Budgets are about people, their lives and their wellbeing. We have the tools and the resources to protect our economy and our people from the worst effects of this crisis. It is a testimony to the strength of our economy and our policies that we can take these measures.
Over the past six years, our economy has enjoyed rapid growth, rising employment, rising household incomes, a major expansion in public services and significant income and asset transfers to the poorest South Africans. Achieving our objective of reducing poverty and inequality, broadening opportunities and building a prosperous country remains our guiding light. In the period of slower growth ahead, our efforts need to focus on building stronger institutions and improving the quality of our investment in social and economic infrastructure and public services.
Amongst the economic challenges ahead, we need to lift our rate of national savings, we need to construct a more export oriented economy and we need to create a more labour-intensive growth trajectory. We must ask ourselves repeatedly where will South Africa be when the storm has passed, when the global cycle turns. Will our economy be more diversified, more competitive and more inclusive Without addressing these challenges, we are not likely to meet the legitimate expectations of our people for a better life for all. While we have made progress in several areas of policy and service delivery over the past 14 years, there remain aspects of microeconomic policy where more has to be done. These include trade and industrial policy, labour market policy, enhancing competition in our economy, improving our skills base and increasing the effectiveness of the state - areas where we have just not seen sufficient dynamism in the implementation of policy. Stronger cooperation between government and the private sector and raising our level of investment in economic infrastructure are also imperative?
We live in a dynamic, rapidly changing world and the major changes that we are witnessing, the rise of India, China and Brazil as major industrial powers, are likely to be delayed only temporarily by the financial crisis. That these countries are increasing output and incomes rapidly is contributing to a more balanced world and to substantial reductions in global poverty. Several countries in Africa are also now expanding strongly and creating greater opportunities for their citizens. And so our own social and economic development is not a project undertaken in isolation and on terms that we can dictate for ourselves: we do not have the option of rolling down the shutters through high tariff barriers or adoption of a policy of detachment. Progress in accelerating trade and industrial reforms focused on productivity and competitiveness is therefore critical.
A recent report on the South African economy by the Organisation for Economic Cooperation and Development (OECD) points out that although an impressive improvement in growth and productivity has been achieved in recent years, many middle income countries are advancing rapidly and South Africa still trails behind the most dynamic emerging economies. The OECD report puts the focus firmly on creating employment as the key medium term priority. This is a challenge that needs intense scrutiny, perhaps under the auspices of Nedlac, so that we can give greater detail and substance to what a more labour intensive growth path would mean in our circumstances.
The budget framework we table today, which draws on the work of the Ministers' Committee on the Budget, shows that we have the ability to adapt to changing circumstances, to continue to forge ahead with our developmental mandate, within a sustainable budget framework. Over the three year medium term expenditure period ahead, R171 billion is added to the spending plans tabled in February, taking total proposed spending including the social security funds over the next three years to R2.4 trillion. The budget framework also draws on the extensive contributions of members of the Ministers' Committee on the budget.
The additional allocations include adjustments amounting to R59 billion over the next three years for higher salaries and other costs associated with the rise in inflation. Over R60 billion is allocated to new programmes or expanded spending on key priorities. As indicated in February, an amount of R10 billion this year and a further R50 billion over the period ahead will be provided as a loan to Eskom to support its capital spending programme.
As a consequence of strong economic growth in the recent past, our revenue performance has exceeded expectations, providing additional revenue for capital investment, spending on public services, to provide tax relief and to reduce our debt. Changes that we made to our tax system, including the introduction of capital gains tax, closing numerous loopholes, lowering tax rates and improving administration have provided us with a fairer, more equitable and buoyant tax system. In particular, the share of corporate tax has increased significantly, due both to these reforms and stronger economic growth. For the period ahead, as our economy slows, revenue growth is also anticipated to slow. In particular, revenue from corporate taxes and value added tax is likely to come under some pressure. This is a natural consequence of the business cycle and our adoption of a cyclically adjusted budget balance makes provision for such cyclical effects.
The net effect of higher spending and lower revenue growth is that the budget balance, including the social security funds, shifts into a moderate deficit of 1.6 per cent of GDP next year. It is the early decisions we took on fiscal management that allow us to adapt in the face of these more difficult circumstances, to protect public spending, to support investment and to contribute towards higher growth in the future, without eroding the sustainability of our budget framework.
Madam Speaker, a central purpose of the Medium Term Budget Policy Statement is to advise Parliament of the main spending priorities for the following year's budget. The medium term expenditure framework contributes to a better informed public debate on public service delivery and informs the more detailed allocations to national departments and provincial and municipal budgets that will be tabled next year.
Improving the quality of education and skills development to broaden opportunities for our people and to raise our level of productivity.
Improving the provision of healthcare, with particular emphasis on reducing infant, child and maternal mortality and broadening prevention and treatment programmes tackling TB and HIV and Aids.
Investing in the criminal justice sector to reduce the levels of crime and to enhance citizen safety. Key priorities here are to further expand police numbers and to invest in investigative capacity, forensic laboratories and enhanced IT network infrastructure.
Expanding investment in the built environment to improve public transport and meet universal access targets on water, sanitation, electricity and housing.
Decreasing rural poverty by taking steps to raise rural incomes and improve livelihoods by extending access to land and support for emerging farmers.
In addition to these key priorities, the framework makes good on the pledge we made in February to increase spending on energy efficiency, reducing electricity demand, supporting renewable energy sources and providing complementary funding for cogeneration projects. After taking into account the need for timely adjustment of municipal and other electricity tariffs, the levy on electricity generation from nonrenewable sources we announced in February will be deferred to next July, and we will broaden its base to include other large industrial sources of greenhouse gas emissions.
It is recognised that the electricity outages that South Africans experienced in the first quarter of this year signal capacity constraints in several areas of infrastructure, including roads, rail, ports and most critically in skills. These capacity constraints have also slowed economic activity and will restrict growth in the near term. To break these constraints, we must invest more.
Financing these investments in the period ahead will be challenging. Government will support our state-owned enterprises through providing selective guarantees on their borrowing and through increasing the capacity of our development finance institutions to contribute to funding major infrastructure projects. At the same time, it is essential to price utility services appropriately so that we encourage more efficient use of these inputs and to generate the resources to fund greater expansion in capacity. We must also create a more amenable environment for the private sector to invest in economic and social infrastructure.
In tabling the 2008 Medium Term Budget Policy Statement, Madam Speaker, I invite this House and all South Africans to engage vigorously with the policy priorities this government has set itself, with the respective roles of the public and private sectors in accelerating economic growth and employment creation and with the challenge of financing development in an uncertain and rapidly changing global environment.
Madam Speaker, today I have six separate bills for the further consideration of the House.
The first is a Finance Bill that regularises expenditure previously deemed to be unauthorised. These authorisations are made on the basis of recommendations of the Standing Committee on Public Accounts, approved by this House.
The second is a bill to give effect to a resolution of this House in response to a petition, on special grounds, for a deviation from the normal rules of the Government Employees Pension Fund.
The third is the Eskom Loan Special Appropriation Bill which requests Parliament to approve a subordinated loan of R60 billion to Eskom.
The fourth and fifth are the Revenue Laws Amendment Bill and the Revenue Laws Second Amendment Bill, which gives effect to the revenue proposals announced in the budget in February. I need to advise that it is not light reading.
The last is the 2008/09 Adjustments Appropriation Bill.
As in the past, there are various categories of adjustments, including R2.4 billion in unspent monies appropriated in 2007/08 which have been approved for rollover to the current year, for identified purposes. I would like to draw the attention of the House to several additional allocations included in the Adjusted Appropriation Bill, as provided for in section 30(2) of the Public Finance Management Act.
R5 billion for higher salaries due to higher inflation and R2.2 billion for other inflation-related adjustments to cover the higher costs of fuel, textbooks, medicines and medical equipment and inflation-related adjustments to social grants.
R2.5 billion is recommended in the adjustment appropriation bill as a once off allocation for the Political Office Bearers Pension Fund on the basis of recommendations made by the Commission on the Remuneration of Public Office Bearers, chaired by Judge Dikgang Moseneke.
Madam Speaker, the adjustments budget also makes provision for R300 million to assist in meeting Zimbabwe's short term food requirements, subject to acceptance of an appropriate role for international food relief agencies by a recognised multi-party government.
Including spending on social security funds, total spending in 2008/09 of R650 billion is proposed, R19 billion higher than the budgeted amount. Taking into account a R1.
0.1 per cent of GDP is anticipated.
This year, government has taken several steps to mitigate the impact of higher food prices. Several of these programmes will continue over the medium term, and increased agricultural support should enhance our efforts to ensure food security for all. Amongst the short term interventions introduced, government is raising the value of the old age grant, child support grant, disability grant and care dependency grant by R20 each this month so that grant beneficiaries don't have to wait until April to see the buying power of their grants protected. Extra resources have also gone to the school feeding programmes and for agricultural starter packs. In total, adjustments to deal with the short and longer term implications of higher food prices amount to R11 billion over the next three years.
Alongside the Adjustments Appropriation Bill, we table the Adjusted Estimates of National Expenditure which provides a breakdown of all adjustments for each national department.
Returning to the medium-term expenditure framework for the next three years, provinces will receive additional allocations amounting to R51.3 billion.
Expanding no fee schooling to cover 60 per cent of learners, increasing the school nutrition programme from R1.9 billion this year to R4.6 billion in three years time, increasing the number of teachers in poor schools and increased spending on school infrastructure, including grade R infrastructure.
Increasing investment in housing, roads and other economic infrastructure.
Additional resources to the municipal sphere cover the higher costs of providing free basic services and over R4.3 billion more for the municipal infrastructure grant to accelerate the provision of basic services.
Next year, government will initiate the second phase of the expanded public works programme. Drawing on the successes and lessons of this programme over the past five years, R4 billion is added to this programme to incentivise the creation of longer term, more stable employment in provinces, municipalities and non-governmental organisations. It is anticipated that this programme will be phased up to grow the number of full time equivalent jobs from about 145 000 at present to over 300 000 a year.
This budget framework gives effect to our commitment to put people first, to use the space that we have created to protect and expand those programmes that make a difference to the lives of the poorest in the short term, while also investing in the programmes that broaden opportunities and ensure higher economic growth in the longer term.
Our country faces a difficult period ahead. There is no telling how deep the global financial crisis will be, nor how severe and enduring its impact will be on incomes and economic activity. We are obliged to table fiscal plans and spending proposals in a context of considerable economic uncertainty. Our economic and budgetary framework, constructed year by year since 1994, is built on solid policy foundations and provides fiscal space within which to respond to both global circumstances and domestic challenges. Over the next three years, we will continue to step up investment in infrastructure that will drive long term growth, we will continue to expand and improve the quality of public services, and most importantly, we will continue to take the necessary steps to protect the poor and most vulnerable.
We take these steps because we know that the storm will pass. Liduduma lidlule. We do this because we will always put people first.
firstly the colleagues who serve on the Ministers Committee on the Budget ~ there are a number of new members who had this task thrust onto them, in addition to being overwhelmed by the new responsibilities of office, a big thank you~ but the hard work lies ahead to agree on the allocations to departments: it would be entirely remiss of me not to recognise the former members of the MinComBud who were involved until a month ago, permit me to single out too the former Deputy Minister, Jabu Moleketi.
Secondly, their Excellencies President Motlanthe and Deputy President Mbete, who also had this load dumped on them quite late into the process. It is appropriate that I also express my sincerest appreciation to Former President Mbeki and former Deputy President Mlambo Ngcuka who supported us through the difficult period to evolve the budget process and bring it onto an even keel.
Madam Speaker, South Africa is privileged to have the quality of public servants we have ~ I want to single out those in the Departments with whom I work and who are most closely involved with this process - in the National Treasury, SARS and Stats SA; but also as we reflected on today, those involved at the Reserve Bank, especially in the Bank Supervision Department and at the Financial Services Board. Thanks for dedication, leadership and the quality of advice.
I always tend to forget to mention the staff in the Ministry - a team of wonderfully supportive, chirpy, competent and tolerant individuals.
And finally to you, for your patience in listening to me this afternoon.
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The International Monetary Fund (IMF) today released its 2008 Article IV Staff Report on South Africa. This Report is an assessment of South Africa's macroeconomic situation, including developments in the monetary, fiscal and financial sectors of the economy. Article IV consultations are conducted annually for each of the Fund's member countries.
The Report comes after the release this year of the Financial System Stability Assessment (FSSA) Report for South Africa by the IMF and World Bank. The FSSA Report was released after a Financial Sector Assessment Programme (FSAP) mission was conducted in April-May 2008, assessing the stability of the country's financial sector. The IMF introduced the FSAP in 1999 to increase efforts toward improving member countries financial systems. A previous FSAP was undertaken in South Africa in 2001.
Both reports are broadly supportive of the fiscal, monetary and financial policies of the South African Government, and were positively received by the IMF's Executive Board at its meeting on 8 September 2008.
The above reports were compiled after the 2008 National Budget in February, but before the Medium Term Budget Policy Statement (MTBPS) which was tabled yesterday, 21 October 2008. The IMF has updated its projections in October 2008, as published in its World Economic Outlook (WEO). The MTBPS therefore indicates that both the SA government and the IMF are reasonably close in their projections of economic growth, inflation and the current account deficit for 2008 and 2009. A table detailing recent forecasts is included in the annexure.
An annexure is included below, providing an overview of both reports. The full reports are also available on the IMF website, www.imf.org, or on the National Treasury website, www.treasury.gov.za. Also included is an IMF document known as the Selected Issues Paper (SIP), which is an annexure of the Article IV Report.
Current account -9.0 -8.0 -7.
Current account -9.6 -8.1 -7.
Current account -9.5 -8.3 -8.
Current account -9.3 -8.4 -8.8 2.1The 2008 Article IV Report notes the strong economic progress made by SA in recent years, supported by good macroeconomic management and favourable external conditions. Growth reached a high of 5-5½ percent, inflation was in the mid-single digits, employment grew steadily, public finances were strengthened and the external reserve position improved. Private investment was propped up by strong business confidence and high commodity prices. Household consumption increased on the back of a growing disposable income and wealth effects from rising housing and stock prices.
2.2Importantly, at a time of global financial instability, the Article IV report agrees with the FSSA Report that SA's financial system is fundamentally sound and well-capitalised. According to Article IV the financial system has shown remarkable resilience through the global financial turmoil. Further, SA's good fundamentals would assist in mitigating the impact of any adverse external shocks on the economy. It cites as an example the country's "low level of external debt (26½ percent of GDP at the end of 2007) 40 percent of which is denominated in rand and gross reserves exceed short term foreign currency debt by a comfortable margin".
2.3The report states that since the beginning of 2008, the economy has been buffeted by a series of economic shocks. Real GDP growth has slowed down in 2008 having been affected by both domestic conditions and the current global economic environment. The IMF Report projects growth as moderate at 3.8 percent for 2008 and 3.7 percent for 2009. It regards the major risks to the economy and their forecast as power supply constraints, lower demand in partner countries, the cumulative effect on consumption of a tightening monetary policy and elevated debt service burdens among households.
2.4It highlights that SA has not been immune to the inflationary pressure arising from increases in global food and oil prices.
6 percent inflation target in April 2007, inflation has continued to rise, but is expected to peak later this year before beginning a downward trajectory.
2.5The IMF projects the current account deficit at 9 percent of GDP in 2008 and 9.6 percent in 2009, compared to the National Treasury's more optimistic 2008 budget forecast of 7-8 percent of GDP. The rising current account deficit and inflation pose a critical challenge in the period ahead if we want to continue to accelerate growth and spur job creation. It supports current policy by the SARB and National Treasury to build up of reserves when market conditions are favourable.
2.6The IMF also supports SA's flexible exchange rate system and shares the view that the floating exchange rate provides an important buffer against external risks. It notes that the rand is a volatile currency reflecting the relatively high proportion of offshore trading. The IMF is supportive of the South African authorities' view that it is counterproductive to influence the level of the real exchange rate through intervention.
3.1The separate FSAP update mission met with financial regulators, including the Bank Supervision Department in the SA Reserve Bank, the Financial Services Board, the Johannesburg Stock Exchange and Bond Exchange of SA, the National Credit Regulator, all the major financial institutions like banks and life insurance companies, and National Treasury officials. It conducted stress tests on the major banks and life insurance companies, and an IOSCO assessment of securities markets.
3.2The report concludes that "South Africa's sophisticated financial system is fundamentally sound", and that the system is "diversified and spans a broad range of activities that are supported by an elaborate legal and financial infrastructure and a generally effective regulatory framework". It notes that the regulatory framework for banks has been reinforced with the implementation of Basel II on 1 January 2008. The banking system is not significantly exposed to sub-prime related products in the United States. For the aforementioned reasons, the South African financial system has weathered the global financial turmoil reasonably well.
3.3The IMF staff state in the report that further liberalisation in the exchange control system "would be challenging in the light of the volatility of financial markets, heavy reliance on portfolio inflows, and corporate deposits in the banking system". It recommends that the "authorities should continue with the cautious approach to the liberalisation of exchange controls, and prepare banks for the necessary diversification of their funding base".
3.4The National Treasury, SARB and financial regulators regard the FSSA report as very positive and complimentary. The National Treasury will work with the SARB and financial regulators, as well as financial institutions, to consider the recommendations made by the FSSA, and how or to what extent they can be implemented.
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R&I today released a revised rating outlook for South Africa from stable to negative. Unlike a credit rating downgrade the revision of a rating outlook is not as significant.
South Africa's domestic and foreign currency debt ratings remain unchanged at "A"and "A-" respectively. The revision must be seen in the context of the current global financial turmoil and its impact on emerging markets. R&I undertook to revise South Africa's outlook back to stable if certain changes related to growth prospects and the external environment were to take place.
The South African government is aware of the challenges regarding the current account deficit, inflationary environment and GDP growth outlook of the country. These challenges are not unexpected and government took appropriate measures early on to address them. These include, amongst others, significantly reducing the level of government debt and increasing official reserves through sustained prudent fiscal and monetary policies. As a result South Africa is well positioned to weather the current global financial crisis.
This rating outlook revision happens ahead of R&I's annual rating review visit to South Africa scheduled for February 2009. During the visit thorough discussions with public officials and private sector representatives will take place and a better informed rating is likely to be issued.
R&I was the first and remains the only major rating agency to rate South Africa's foreign currency debt issue in the single A category (A- with a stable outlook) since 22 December 2006.
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The switch auction will be conducted on 13 November 2008.
The destination bond for the auction is the R186 (10.5%: 2026).
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To compliment the 2008 Local Government Budgets and Expenditure Review tabled in Parliament on 26 August 2008, the Minister of Finance has approved the release of the final 2008/09 budget information for all 283 municipalities on the National Treasury's website. The publication of this information on the National Treasury's website is now an annual event.
The information released together with this press statement reflects aggregated municipal budget totals for the 2008/09 financial year and over the medium term period for all municipalities. The information is summarised in a variety of ways including per category of municipality as well as per province.
Changes to baseline - Annexure H.
All information is available on the National Treasury's website at www.treasury.gov.
This information will assist policy makers, researchers, sector specialists, elected representatives, academics and those responsible for implementation. It will also be used by the National Treasury as the basis for the In-year Management, Monitoring and Reporting System for Local Government (IYM) in terms of Section 71 of the MFMA. The MFMA envisages that regularly published budget information will enable and empower communities to hold their Municipal Councils accountable.
Section 24(3) of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003)(MFMA) requires the Accounting Officer of a municipality to submit the municipality's approved annual budgets to the National Treasury and the relevant provincial treasury once approved by their respective Councils. The National Treasury has been placing these budgets on its website on an annual basis since the 2005/06 financial year.
It should be noted that the 2008 Local Government Budget and Expenditure Review has been produced based on the 2007 Municipal Budget Cycle (MTREF) and was released in August 2008. The numbers being published with this press release cover the 2008 Municipal Budget Cycle (MTREF) as approved by the Councils.
The information is based on the adopted budgets of all 283 municipalities and was subjected to intensive verification and checking processes by the National Treasury, provincial treasuries, and municipal staff to improve on its quality. In certain instances, adjustments have been made to eliminate the duplication of transfers between district and local municipalities and transfers from operating to capital budgets.
It should also be noted that these numbers are as adopted by the Councils prior to the National Electricity Regulator's (NERSA) increase in electricity costs. A second analysis of the budgets will be conducted once the adjustment budgets which municipalities finalised by 30 September 2008, incorporating the electricity increases, are adopted by the respective Municipal Councils. It was further observed that a few municipalities had already incorporated increased electricity tariffs into their main adopted budgets in anticipation of the NERSA's tariff increase. This may distort figures to a certain degree.
To further mitigate the problems associated with producing a set of numbers that are comparable across all municipalities, the National Treasury has developed "Municipal Budget and Reporting Regulations". The budget format section has already been issued on 27 June 2008 in preparation for the 2009 Budget. The Regulations, once approved by the Minister of Finance, will soon be made available for formal consultation. The standardisation of budget formats across all municipalities will improve the quality and consistency of budget information submitted by municipalities in future.
The analysis contained in this press release will be restricted to the aggregated expenditure by category of municipality, an overview of the budgets of the six metropolitan councils, the secondary cities (next top 21 municipalities) and a summary of municipal budgets per province. The detail in supporting tables will provide more information by type of expenditure item and operational information.
Table 1 shows budgeted aggregated expenditure by category of municipality over the MTREF period. In aggregate, the 2008/09 budget is R176,2 billion, increasing to R180,6 billion in 2009/10, and to R186.2 billion in 2010/11. The 2008/09 budget is an increase of 12 per cent over the 2007/08 original budget (a 16 per cent increase in the capital budget and 10.7 per cent for the operating budget).
Category A 48.8% 59.3% 56.5% 49.6% 60.1% 57.7% 50.5% 60.0% 58.
Category B 37.0% 34.8% 35.4% 38.0% 34.3% 35.2% 36.0% 34.4% 34.
Category C 14.2% 6.0% 8.1% 12.3% 5.6% 7.1% 13.5% 5.6% 7.
The budget of the six Metros as a share of the total local government budget in the 2008/09 financial year constitutes 56.
35.4 per cent. District municipalities represent only 8.1 per cent. The configuration of the shares remains constant over the MTREF period.
Capital expenditure in aggregate represents 26.2 per cent in 2008/09, 22.8 per cent in 2009/10 and 19.3 per cent in 2010/11 of the overall budget of municipalities.
Table 2 shows the budgeted aggregated expenditure for all Metros over the MTREF period. Their total expenditure budget for 2008/09 amounts to R99.6 billion, increasing to R104.2 billion in 2009/10, and further increasing to R108.3 billion in 2010/11. The Metros capital budget represents 48.8 per cent of the total municipal capital budget for 2008/09. The size of the capital budgets over the MTREF for some Metros have been influenced by 2010 projects. The 2009/10 budgeted decrease is mainly attributed to the finalization of 2010 projects and a resultant reduction in grant funding and loans.
The operating expenditure for services by the Metros over the MTREF grows slightly and the focus appears to be on electricity, followed by water and minimal expenditure on sewerage and sanitation. The main contributor to the budgeted revenue from services by the Metros appears to be electricity which grows significantly over the MTREF. A breakdown of the various contributors to capital and operating budgets per municipality is shown in detail in Appendix A to F of this publication.
Cape Town 17.4% 20.4% 19.7% 19.2% 20.1% 19.9% 16.0% 19.5% 18.
Figure 2: Aggregated budgeted expenditure for metros, 2008/09 - 2010/11 15. The above table also shows the relative size of the individual Metro's budgets expressed as a percentage of the total Metro's budget. This comparison shows how the size of the Metro budgets are changing relative to each other. Notable is the consistent growth in the relative size of Ekurhuleni, while Nelson Mandela Bay is declining in relative size.
Table 3 shows the budgeted aggregated expenditure for the secondary cities (next top 21 municipalities) over the MTREF period. Their total expenditure budget for 2008/09 amounts to R29 billion, increasing to R29.7 billion in 2009/10, and further increasing to R30.7 billion in 2010/11. Multi-year budgeting is still a challenge to some of these local municipalities, with Newcastle not providing capital budgets for the ensuing two years due to capacity and other problems at the municipality, similar to the previous budget cycle.
Mbombela, Rustenburg and Polokwane are all host cities of the 2010 World Cup. Polokwane has budgeted 61.4 per cent of its total budget in 2008/09 for capital expenditure. Mbombela has budgeted 55.3 per cent for capital in 2008/09. By contrast Rustenburg has budgeted only 23.2 per cent of its total budget in 2008/09 for capital. Indeed there are a number of cities that are not 2010 host cities that have allocated more to capital than Rustenburg.
Municipalities with the lowest proportion of capital budget to total budget are Newcastle, Msunduzi, Mogale City, Matjhabeng, and Govan Mbeki - all with percentages below 13 per cent. It should be noted that for 2008/09 the average percentage capital budget to total budget for secondary cities was 26.2 per cent compared to the Metros at 22.6 per cent and national at 26.1 per cent. Note that Metros tend to deliver a wider range of services with higher levels of operational expenditure e.g. health and police. Over the medium term both the capital and operating budgets of the secondary cities show some stability with slight growths in the operating budgets in the 2009/10 year and 2010/11 years, while the capital budgets decrease.
Table 4 shows the budgeted aggregated expenditure for all municipalities, analysed by province over the MTREF period. Gauteng with only 14 municipalities including 3 metropolitan municipalities, has the highest capital budget at 25.1 per cent of the total capital budget. KwaZulu-Natal with 61 municipalities including 1 metro and 3 secondary cities has 22.4 per cent and the Western Cape with 30 municipalities including 1 metro, has 13.1 per cent of the total capital budget. It should be noted that the Eastern Cape which has one of the highest number of municipalities which are mainly rural and only 1 metro, also has the fourth highest capital budget which shows that there should be significant infrastructure development in this area.
It is notable that only two provinces' have per capita spending above the national average of R3 964 in 2008/09, namely Western Cape at R6 399 per capita and Gauteng at R6 454 per capita. Both these provinces are significantly above the national average - probably due to the fact that both are home to a significant proportion of the country's economic activity - which tends to increase spending on traded items like electricity and water.
The lowest level of per capita spending is in Limpopo, at just R2 047 per capita in 2008/09.
Figure 3: Total operating and capital expenditure per province, 2008/09 - 2010/11 22. Free State shows the lowest level of per capita spending on capital in 2008/09, though its relative position changes significantly in 2009/10 - when Mpumalanga shows the lowest level of per capita spending on capital.
Table 5 shows the aggregated budgeted expenditure for repairs and maintenance by category of municipalities, and for the six metros.
The share of the funds allocated for repairs and maintenance as a percentage of the total adopted budget, ranges between 5.8 per cent to 6.5 per cent over the 2008 MTREF period and appears to be very conservative. Of particular concern is the amount allocated by the City of Johannesburg.
Category A (Metro) Category B (Local) Category C (District) 99 584 281 62 309 180 14 323 150 6 547 026 3 060 155 680 137 6.6% 4.9% 4.7% 104 237 758 63 501 453 12 914 575 6 961 937 3 476 250 714 856 6.7% 5.5% 5.5% 108 352 524 64 604 140 13 247 530 7 498 910 3 872 075 768 658 6.9% 6.0% 5.
Total 176 216 611 10 287 318 5.8% 180 653 786 11 153 043 6.2% 186 204 194 12 139 643 6.
Total 99 584 281 6 547 026 6.6% 104 237 758 6 961 937 6.7% 108 352 524 7 498 910 6.
In addition, compared to last year's publication the National Treasury has further introduced two additional sets of information to enrich this publication. The first is referred to as the Growth in municipal budgets compared to current year's full year forecast - Annexure G; and the second is Changes to baseline - Annexure H.
The above summary provides an aggregate view of municipal budgets for the 2008/09 financial year and over the medium term period.
Further information on individual municipalities is contained in the supporting schedules that form part of this publication and are published on the National Treasury website.
<fn>GOV-ZA.2008111001En.2012-02-10.en.txt</fn>
Today, 10 November 2008, Fitch Ratings Agency published a revised rating outlook for South Africa from stable to negative. This follows a revision announcement in June this year when Fitch lowered its outlook to stable from positive.
It is important to emphasise that Fitch Ratings affirms South Africa's long-term foreign currency ratings of BBB+. This revision therefore does not constitute a rating downgrade. This revision must be seen in the context of the current global financial turmoil and its impact on emerging markets. The shift to a negative outlook takes place alongside 17 other emerging markets.
Unlike a number of developed and emerging market countries, the South African government has not found it necessary to support its banking sector through the current financial crisis due to sound regulation, good capital adequacy ratios and sufficient liquidity conditions prevailing in the banking system. In its Financial Stability Assessment Report released early this year the International Monetary Fund concluded that "South Africa's financial system is fundamentally sound and well-capitalised".
The banking system is underpinned by a sound macroeconomic policy framework. The South African authorities adopted a counter-cyclical fiscal stance as a means of cushioning the economy. The Medium Term Budget Policy Statement released on October 21, indicated a shift in the fiscal position to a small deficit in fiscal year 2009/10, partly as a result of financing Eskom's expansion, with a decline in the deficit projected as the economy recovers. While more public borrowing will be required compared to previous years, the overall rise in debt is small. Annual debt service costs are projected to continue to decline to below 2 percentage points of GDP. Reserve accumulation over the last 8 years has resulted in a net foreign liquidity position of about US$33 billion.
Economic growth is expected to moderate in 2009 compared to the last three years, as export returns slow and household consumption remains weak. The fiscal position remains sound, implying the capacity to offset further economic weakness if required.
While growth remains positive and driven by continued investment by the public and private sector, the current account deficit is forecast to remain fairly large. Since the price of oil has fallen faster than the commodities that South Africa exports, South Africa's current account deficit is expected to moderate somewhat going forward.
South Africa took some tough decisions early on to slow household consumption expenditure, helping to reduce inflationary pressures. Inflation pressures have since abated, reflecting the success of monetary and fiscal policy and as oil and food prices have moderated.
Capital inflows into the bond market have been strong in the past week, suggesting that international financial conditions continue to stabilise. Recent foreign direct investment inflows further suggests that South African growth prospects continue to be favourably viewed by foreign investors. The rise in investment from 15 to 22 per cent of GDP over the past six years suggests that potential growth is likely to be higher in the future and South Africa is well placed to benefit from a recovery in the global economy.
Government is actively involved in assisting state owned enterprises to finance their investment needs in an appropriate way. SOEs whose infrastructure programmes have significant import content have been encouraged to borrow from export credit agencies in the countries they are importing intermediate inputs from. The response has been overwhelmingly positive. Eskom, the one SOE with a big and critical investment programme, has been negotiating two loans which are dollar denominated: a $500 mil (US) loan with the AfDB and a $5 billion (US) with the World Bank. The AfDB loan negotiation is at an advanced stage.
As testimony to some of the positive prospects for the SA economy, as recently as last week Telkom sold 15 percent of its shares in Vodacom (a mobile telecommunication network) to Vodafone, UK for R22.5 billion. This transaction represents an expression of confidence in the SA economy.
The Fitch Ratings Agency suggests that if South Africa's growth slows down as it predicts it will be hard for the authorities to maintain sound macroeconomic and fiscal policy. This is not supported by our recent history and overlooks certain material facts about the current macroeconomic and fiscal frameworks. The current macroeconomic projections of growth, revenue flows, and inflation already take into account all of the factors that are raised by the Fitch Ratings Agency. As the MTBPS shows the budget framework sets aside R36 billion in a contingency reserve, including to accommodate any unforeseeable shortfall in revenue collection if the economy slows further. South Africa is confident that it would not be downgraded during this period as our economic fundamentals are sound, our policies and robust and our economic institutions vigilant. South Africa's low debt ratio, large cash holdings and significant foreign exchange reserves also cushions the economy during times of global turbulence.
<fn>GOV-ZA.2008111002En.2012-02-10.en.txt</fn>
The second quarter provincial budget statement of receipts and payments, published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 30 October 2008, covers spending for the first six months of the 2008/09 financial year, which ended 30 September 2008. It is available on the treasury website at www.treasury.gov.za.
The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury by 22 October 2008. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
Robust year-on-year comparative spending analysis growth over the same period for the 2007/08 financial year is notable.
At the time of tabling their budgets, provinces were asked to provide for salary adjustments of 7.5 per cent in 2008/09, but actual increases of 10.
Costs associated with inflation higher than expected for textbooks, medicine and medical equipment, school meals and fuel.
However, the 2008 Adjusted Estimates of National Expenditure and the 2008 Medium Term Budget Policy Statement tabled on 21 October 2008, proposed additional adjustments to the allocations made to provinces for the 2008 Budget to cover for these shortfalls mentioned above. These documents are available on the treasury website at www.treasury.gov.za.
The additional adjustments can only be concluded once provinces have tabled their 2008 adjusted estimates during November 2008.
In aggregate, provinces have spent 51.8 per cent or R128.6 billion of their main budgets of R248.4 billion for the period ended 30 September 2008. This represents a spending increase year-on-year of 32.8 per cent or R31.8 billion higher than for the same period last year when provinces had spent R96.9 billion.
Education expenditure totalled R53 billion or 50.9 per cent of the R104.
(41.9 per cent). The spending pattern reflects a 24.7 per cent or R10.5 billion increase over the same period last year.
Health expenditure totalled R37.2 billion or 53.6 per cent of the R69.
(27.9 per cent). The spending pattern reflects a 31 per cent or R8.8 billion increase compared with the same period in 2007/08.
Social welfare services (social development) spending for the first six months of the 2008/09 financial year is recorded at 46.3 per cent or R3.8 billion of the R8.3 billion social welfare services budgets.
Total personnel expenditure, in aggregate, is at 51.9 per cent or R70.6 billion of the R136.1 billion personnel budgets. These figures include the earlier announced improvements in conditions of service (ICS), which were effected from 01 July 2008.
In aggregate, provinces spent 41.9 per cent or R9.3 billion of their R22.2 billion combined capital budgets. This is a significant improvement of 30.4 per cent over the previous financial year, exceeding the R7.1 billion spent over the same period in 2007/08 by R2.2 billion.
Provincial education departments spent 41.7 per cent or R2 billion of their R4.8 billion education capital budgets. However, this is higher by 37.4 per cent or R547.1 million more than spending over the same period of the previous financial year.
Provincial health departments also improved on capital spending.
40.3 per cent or R2.
21.4 per cent or R493.9 million more than the same period for 2007/08.
The greatest share of provincial capital is on the budgets of public works, roads and transport departments at 37.6 per cent. The sector spent 45.9 per cent or R3.8 billion against its combined capital budget of R8.4 billion. This represents an increase of 30.1 per cent or R888.3 million compared to the same period last year.
Provincial own revenue collected thus far is at 45.7 per cent or R4.2 billion of the total own revenue budget of R9.2 billion. National government has transferred R99.7 billion of the equitable share and R21 billion in conditional grants to provinces, during the first six months of the 2008/09 financial year.
A more detail analysis of the expenditure outcome as at 30 September 2008 is set out in Annexure A, which also includes a comparative spending analysis for the same period over the 2007/08 financial year.
Table 1 indicates that provinces have spent 51.8 per cent or R128.6 billion of budgeted expenditure for the first six months into the current financial year. Spending to date is at a higher level in percentage terms compared to spending against annual budgets over the same period in the 2007/08 financial year (44.9 per cent).
However, in nominal terms, spending is 32.8 per cent or R31.8 billion higher than for the same period last year when provinces had spent R96.9 billion. Between provinces, spending ranges from the lowest share of 46.
48.5 per cent in North West, to the highest at 55.8 per cent in Gauteng and 54.2 per cent in Northern Cape.
Eastern Cape 29 723 932 5 128 765 3 232 033 38 084 730 14 878 177 2 730 831 1 612 916 19 221 924 50.
Free State 11 760 168 2 025 488 1 899 247 15 684 903 6 201 304 1 084 994 874 003 8 160 301 52.
Northern Cape 5 207 535 761 084 720 161 6 688 780 2 807 672 433 459 383 034 3 624 165 54.
North West 13 063 974 2 502 826 1 370 769 16 937 569 6 364 403 1 264 242 594 092 8 222 737 48.
Western Cape 18 720 441 4 202 298 1 985 004 24 907 743 9 011 443 1 949 724 658 453 11 619 620 46.
Total 186 162 287 40 060 965 22 225 596 248 448 847 96 370 287 22 960 696 9 306 745 128 637 728 51.
Provinces have budgeted R181.9 billion for social services, which includes spending on education, health and social development. Spending on social services is recorded at R94.1 billion or 51.7 per cent of the total provincial social services budgets in 2008/09.
Education 104 198 890 53 017 380 50.9% 41.2% 42 524 149 24.
Health 69 439 904 37 204 943 53.6% 28.9% 28 401 457 31.
Social Development 8 289 441 3 838 666 46.3% 3.0% 2 681 684 43.
Total 181 928 235 94 060 989 51.7% 73.1% 73 607 290 27.
Education budgets of R104.2 billion comprise 41.9 per cent of total provincial budgets. Table 3 indicates that education expenditure is at 50.9 per cent or R53 billion of the total education budget, an increase of 24.7 per cent or R10.5 billion compared to the R42.5 billion spent over the same period in 2007/08.
58.2 per cent and KwaZulu-Natal at 54.5 per cent.
Eastern Cape 17 810 197 8 567 448 48.1% 44.6% 6 515 443 31.
Free State 6 598 569 3 385 644 51.3% 41.5% 2 720 661 24.
Northern Cape 2 601 238 1 514 385 58.2% 41.8% 1 114 246 35.
North West 6 995 482 3 327 897 47.6% 40.5% 2 984 135 11.
Western Cape 9 019 913 4 325 974 48.0% 37.2% 3 546 037 22.
Total 104 198 890 53 017 380 50.9% 41.2% 42 524 149 24.
Spending on goods and services (mostly learner support material) in education is recorded at 38.6 per cent or R4.7 billion of its R12.1 billion budget. It comprises approximately 11.6 per cent of total provincial education budgets, which is 0.7 percentage points more than the share in 2007/08.
The bulk of education expenditure is on personnel (76.7 per cent). Current spending on education personnel amounts to 51.3 per cent or R40.7 billion of the education personnel budgets of R79.3 billion.
Spending by provinces ranges from the lowest in Eastern Cape at 47.2 per cent and North West at 49.
56.9 per cent and 54.4 per cent respectively.
Eastern Cape 13 843 318 6 535 790 47.2% 59.2% 5 696 218 14.
Free State 4 910 055 2 620 432 53.4% 55.1% 2 197 936 19.
Northern Cape 1 953 794 1 110 907 56.9% 57.9% 851 686 30.
North West 5 533 677 2 759 152 49.9% 57.3% 2 407 966 14.
Western Cape 6 744 600 3 467 099 51.4% 52.9% 2 803 567 23.
Total 79 341 013 40 664 666 51.3% 57.6% 33 935 983 19.
Education capital expenditure is at 41.7 per cent or R2 billion of the R4.8 billion budget. However, this is 37.4 per cent or R547.1 million more than the R1.5 billion spent on capital over the same period last year.
Spending by provinces ranges from the lowest in Gauteng at only 24 per cent and North West at 24.7 per cent to the highest in Northern Cape at 77.5 per cent and Mpumalanga at 60.6 per cent.
Eastern Cape 945 279 349 540 37.0% 21.7% 139 412 150.
Free State 443 394 167 943 37.9% 19.2% 97 063 73.
Northern Cape 42 890 33 221 77.5% 8.7% 12 958 156.
North West 252 191 62 399 24.7% 10.5% 47 196 32.
Western Cape 191 842 55 957 29.2% 8.5% 86 751 -35.
Total 4 814 541 2 008 015 41.7% 21.6% 1 460 945 37.
Health budgets totalling R69.4 billion comprise 27.9 per cent of total provincial budgets. Table 6 indicates that health expenditure is at 53.6 per cent or R37.2 billion of the total health budget, representing a significant increase of 31 per cent or R8.8 billion compared to spending over the same period in 2007/08.
Western Cape and Limpopo health have spent the lowest share of their budgets at 47 per cent and 50.4 per cent respectively. The highest shares are recorded in KwaZulu-Natal at 57.6 per cent and Eastern Cape at 56.2 per cent.
Eastern Cape 9 746 015 5 479 119 56.2% 28.5% 3 720 879 47.
Free State 4 287 858 2 403 025 56.0% 29.4% 1 848 399 30.
Northern Cape 1 773 588 922 200 52.0% 25.4% 744 541 23.
North West 4 222 549 2 194 371 52.0% 26.7% 1 641 144 33.
Western Cape 8 641 973 4 062 376 47.0% 35.0% 3 449 405 17.
Total 69 439 904 37 204 943 53.6% 28.9% 28 401 457 31.
Table 7 indicates that health personnel expenditure is R21 billion or 54.8 per cent of the health personnel budget, a significant increase of R5.2 billion or 32.9 per cent compared to the R15.8 billion spent over the same period in 2007/08.
Eastern Cape 5 480 717 3 031 921 55.3% 27.5% 2 096 497 44.
Free State 2 599 600 1 446 613 55.6% 30.4% 1 114 133 29.
Northern Cape 915 369 443 376 48.4% 23.1% 367 460 20.
North West 2 268 883 1 241 411 54.7% 25.8% 903 369 37.
Western Cape 4 771 834 2 386 698 50.0% 36.4% 1 876 736 27.
Total 38 396 504 21 039 317 54.8% 29.8% 15 826 238 32.
Spending on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure, is recorded at 55.5 per cent or R13.4 billion of the R24.1 billion budget. This is an increase of 30.2 per cent or R3.1 billion compared to the R10.3 billion spent over the same period in 2007/08.
Capital expenditure in the health sector is at 40.3 per cent or R2.8 billion. This represents an increase of 21.4 per cent or R493.9 million more than the R2.3 billion spent over the same period last year.
Between provinces, with a varying degree of spending, the lowest rate of health capital spending is in Western Cape at 26.8 per cent and Mpumalanga at 29.
48.7 per cent respectively.
Eastern Cape 1 094 183 473 722 43.3% 29.4% 362 481 30.
Free State 399 688 194 516 48.7% 22.3% 141 356 37.
Northern Cape 298 754 101 515 34.0% 26.5% 75 844 33.
North West 449 382 238 240 53.0% 40.1% 153 563 55.
Western Cape 672 620 180 474 26.8% 27.4% 213 338 -15.
Total 6 954 880 2 805 000 40.3% 30.1% 2 311 069 21.
Provinces registered spending of 46.3 per cent or R3.8 billion of their R8.3 billion budget. This represents a significant increase of 43.1 per cent or R1.2 billion above the R2.7 billion spent over the same period last year.
Between provinces, there are varying degrees of spending with the lowest being in North West at only 37.9 per cent and Limpopo at 39.9 per cent while the highest are KwaZulu-Natal at 52.2 per cent and Mpumalanga at 49.1 per cent.
Eastern Cape 1 385 123 629 598 45.5% 3.3% 382 495 64.
Free State 536 193 244 032 45.5% 3.0% 191 392 27.
Northern Cape 357 302 168 901 47.3% 4.7% 131 666 28.
North West 607 523 230 436 37.9% 2.8% 169 687 35.
Western Cape 1 088 065 516 824 47.5% 4.4% 408 967 26.
Total 8 289 441 3 838 666 46.3% 3.0% 2 681 684 43.
Housing and local government spending at the end of the first six months is at 46 per cent or R6.5 billion of the R14.2 billion budget (table 10). This represents a significant increase of 47 per cent or R2.1 billion more than the R4.4 billion spent over the same period last year.
34.1 per cent and KwaZulu-Natal at 38.
60.7 per cent and Northern Cape at 57.1 per cent.
Most of the housing and local government expenditure is on the Integrated Housing and Human Settlement Development conditional grant. Table 11 indicates that provinces spent 45 per cent or R4.4 billion of their R9.9 billion housing conditional grant. These spending figures are higher by 53 per cent or R1.5 billion over the same period last year.
Eastern Cape 1 968 111 672 099 34.1% 3.5% 384 710 74.
Free State 1 022 024 571 732 55.9% 7.0% 267 392 113.
Northern Cape 340 088 194 271 57.1% 5.4% 143 759 35.
North West 1 144 745 502 106 43.9% 6.1% 467 452 7.
Western Cape 1 451 041 612 592 42.2% 5.3% 529 085 15.
Total 14 220 525 6 535 416 46.0% 5.1% 4 446 729 47.
Eastern Cape 1 251 018 351 971 28.1% 1.8% 95 329 269.
Free State 772 410 454 087 58.8% 5.6% 185 353 145.
Northern Cape 161 312 118 944 73.7% 3.3% 76 387 55.
North West 896 102 422 639 47.2% 5.1% 336 343 25.
Western Cape 1 203 984 475 580 39.5% 4.1% 435 484 9.
Total 9 852 842 4 437 756 45.0% 3.4% 2 900 126 53.
Personnel expenditure ("compensation of employees") is at 51.9 per cent or R70.6 billion of the R136.1 billion budget. Spending to date is 24.1 per cent or R13.7 billion higher than the R56.9 billion spent over the same period last year.
49.6 per cent and 50.4 per cent respectively while Mpumalanga and KwaZulu-Natal recorded the highest rates at 53.4 per cent and 53.2 per cent respectively.
Eastern Cape 22 266 906 11 039 421 49.6% 57.4% 8 868 257 24.
Free State 9 008 822 4 753 068 52.8% 58.2% 3 895 034 22.
Northern Cape 3 632 478 1 918 984 52.8% 52.9% 1 512 073 26.
North West 9 515 548 4 811 765 50.6% 58.5% 4 028 215 19.
Western Cape 12 999 397 6 556 308 50.4% 56.4% 5 277 858 24.
Total 136 069 967 70 615 964 51.9% 54.9% 56 907 389 24.
By the end of the first six months, provinces have spent 41.9 per cent or R9.3 billion of their R22.2 billion capital budgets ("payments for capital assets"). This is significantly higher (30.4 per cent or R2.2 billion) than the R7.1 billion spent over the same period last year.
Eastern Cape 3 232 033 1 612 916 49.9% 8.4% 893 760 80.
Free State 1 899 247 874 003 46.0% 10.7% 604 612 44.
Northern Cape 720 161 383 034 53.2% 10.6% 215 657 77.
North West 1 370 769 594 092 43.3% 7.2% 472 349 25.
Western Cape 1 985 004 658 453 33.2% 5.7% 833 380 -21.
Total 22 225 596 9 306 745 41.9% 7.2% 7 134 606 30.
Table 13 provides capital spending information by province, which indicates low rates of spending in Gauteng at 27.9 per cent and Western Cape at 33.2 per cent and high rates in Northern Cape at 53.2 per cent and Eastern Cape at 49.9 per cent. However, in absolute terms, KwaZulu-Natal has spent the most at R2.5 billion followed by Eastern Cape at R1.6 billion and Gauteng at R966.8 million.
The biggest capital budgets in provinces are in public works, roads and transport departments at 37.6 per cent or R8.4 billion of the total provincial capital budget of R22.2 billion. Spending by these departments is at 45.9 per cent or R3.8 billion which is an increase of 30.1 per cent or R888.3 million more than the R2.9 billion spent last year over the same period.
Between provinces, the lowest rate of spending is recorded in Gauteng at 10.4 per cent and Limpopo at 26.5 per cent, while Northern Cape and Eastern Cape recorded the highest rates of spending at 68 per cent and 67 per cent respectively.
Eastern Cape 1 035 767 693 493 67.0% 43.0% 361 932 91.
Free State 870 680 446 015 51.2% 51.0% 321 632 38.
Northern Cape 319 362 217 027 68.0% 56.7% 90 446 140.
North West 558 631 257 795 46.1% 43.4% 244 776 5.
Western Cape 1 021 201 391 171 38.3% 59.4% 522 526 -25.
Total 8 355 213 3 837 321 45.9% 41.2% 2 949 022 30.
Total excluding Schedule 4 grants and Gautrain 19 900 108 10 178 214 8 709 447 43.
Table 15 reflects spending on conditional grant allocations as at 30 September 2008 for all provinces. It excludes expected conditional grant roll-overs from the 2007/08 financial year and spending on general purpose conditional grants (Schedule 4 grants) like National Tertiary Services, Health Professions Training and Development and the Infrastructure grant to provinces, as reporting against these grants cannot be separated from the provinces' health and capital budgets.
Against the total allocation of R23.2 billion, this excludes Schedule 4 grants, the rate of conditional grants spending amounts to 50.8 per cent or R11.8 billion. However, when excluding the Gautrain Rapid Rail Link grant, the conditional grant expenditure amounts to R8.7 billion or 43.8 per cent against a total allocation of R19.9 billion.
Specific grants that show low rates of spending include Devolution of Property Rate Funds (2.3 per cent), Community Library Services (32.2 per cent), Land Care Programme (33.3 per cent), Hospital Revitalisation (33.8 per cent) and Mass Sport and Recreation Participation Programme (35.1 per cent).
Spending on the Further Education and Training College Sector Recapitalisation grant is at 77.1 per cent or R613.2 million and reflects actual transfers from the provincial education departments to the FET colleges.
Table 16 indicates selected conditional grant spending rates as at 30 September 2008. It further indicates that four or more provinces have spent less than 40 per cent of their grants budgets after the first six months for the following grants: Land Care Programme, Community Library Services, Hospital Revitalisation, Integrated Housing and Human Settlement Development, and Mass Sport and Recreation Participation Programme.
The table also indicates the number of provinces spending at slightly higher levels between 40 and 50 per cent and greater than 50 per cent of their conditional grant budgets.
Although the conditional grant rate of spending is encouraging and reflects an improvement over previous financial years, overall conditional grants spending still lies below the total provincial spending average of 51.8 per cent.
Provincial revenue includes budgeted equitable share allocations of R199.4 billion, conditional grants of R38.7 billion and own revenue of R9.2 billion. The total provincial revenue received and collected to date is recorded at 50.5 per cent or R124.9 billion of total budgeted total revenue of R247.3 billion.
National government transferred 50 per cent or R99.
54.2 per cent or R21 billion in conditional grants, to provinces after the first six months of the current financial year.
After the first six months, provinces have collected 45.7 per cent or R4.2 billion of the budgeted own revenue of R9.2 billion which is R164.9 million less than what was collected by the end of September for the previous financial year.
The collection rate varies from 29.5 per cent in KwaZulu-Natal and 38 per cent in Gauteng, to a high of 66.9 per cent in Mpumalanga and 57.7 per cent in Western Cape.
Eastern Cape 927 462 534 566 57.6% 12.7% 433 998 23.
Free State 556 366 277 092 49.8% 6.6% 265 726 4.
Northern Cape 145 635 76 982 52.9% 1.8% 58 586 31.
North West 549 462 299 085 54.4% 7.1% 352 607 -15.
Western Cape 1 701 118 981 351 57.7% 23.4% 885 899 10.
Total 9 180 446 4 195 356 45.7% 100.0% 4 360 215 -3.
<fn>GOV-ZA.2008111301En.2012-02-10.en.txt</fn>
The Minister of Finance today released the Draft Interactive Gambling Tax Bill ("the Bill") for public comment. The legislation gives effect to the taxation of interactive gambling activities as provided for in the National Gambling Amendment Bill.
The Bill provides for the imposition of a special tax on interactive gambling activities. The tax will be imposed on operators with an interactive gambling site in South Africa. The tax base will fall upon gross gambling revenue (i.e. the net inputs generated by an operator).
The National Gambling Amendment Bill was passed by the National Assembly on 16 May 2008. The initial National Gambling Act, 2004 (Act No. 7 of 2004) did not provide for legalised interactive gambling in South Africa. However, the National Gambling Amendment Bill (Section 88A), allows for this form of gambling in South Africa in order to ensure regulatory oversight of interactive gambling, as opposed to it remaining in the hands of offshore jurisdictions, with little or no protection for local consumers. According to the National Gambling Amendment Bill, tax in respect of interactive gambling activities is also to be imposed in terms of appropriate legislation (i.e. the Draft Interactive Gambling Tax Bill).
The Bill will be tabled in Parliament during the first half of 2009 and comments can be sent via email to nomfanelo.mpotulo@treasury.gov.za before 1 March 2009. The full text of the Draft Bill can be found on www.treasury.gov.
For media queries please contact Thoraya Pandy at 012 315 5944 or 082 416 8416.
<fn>GOV-ZA.2008111701En.2012-02-10.en.txt</fn>
Perhaps we can begin by asking, what happens when financial literacy is not in place When it is not in place, we think - loan sharks. Throughout a period in my life I would have thought about loan sharks in that way as well. But I've just been to a series of meetings - I returned yesterday from a G20 meeting, from Tunis where African Finance and Planning Ministers met on Wednesday and got to Tunis from Sao Paolo where the G20 finance ministers met last week, and got to Sao Paolo from Johannesburg, so we've been getting around different parts of the world focusing on one issue. And that issue is the present financial crisis?
The reason we have to talk about it in the way that we do is because it no longer is something confined to financial markets narrowly defined. It's a question of what happens when financial literacy is not in place, but it's less about the consumers in this instance than it is about the policy makers and regulators. The issue of financial literacy clearly can only work if there is a symmetry of interest and action. Much of the discussion in this conference will be about consumers, but I think that if we don't also pause to examine in detail the other side of the equation where finance ministers and central bank governors in the spirit of regulators sit and have to take decisions, where you have legislators who have to view and enable the work of regulators through appropriate legislation - if that is not in place then regardless of how much effort and energy and cost goes into supporting consumer behaviour, the system comes apart as it now has been shown to do.
There's a story that I read and think is cute, but I keep losing the detail. It's about the butterfly in India and the hurricane in America. True or not it's a nice story to tell given what has happened over the past year, expect that in this case the butterfly and hurricane are both in the same country - and its not in India. But the storms, when they happen, spread across the world and clearly they impact on India like they impact on South Africa. This issue has been in play for some time. None of us should pretend that we understood just how devastating it would be. Some may recall that on budget day this year, I started with the budget speech in a weather studio, telling the story of the storm. The story of the storm has been there for some time and you actually have to take it back to what was a very important date - the 9th of August 2007 - when it was clear that there was something radically wrong. On that day, there was a coordinated response by the European central bank and the US Fed who together had to pump $90 billion of liquidity into the markets that day. It was in many ways the beginning of what we are seeing now. One of the reasons that this liquidity had to be pumped was because suddenly there were people queuing up to withdraw money from institutions in different parts of the world because ordinary people came to feel that their money wasn't safe in banks. Now if you are running a savings institute and people prefer the mattress to the bank then you have failed miserably. But clearly that's what happened beyond that date and what happened when you saw those queues of people in the UK trying to withdraw money from Northern Rock, which resulted in the nationalisation of Northern Rock in February this year. But it was less about Northern Rock than about a series of things that had been happening in that country where the butterfly moved its wings and the storms first struck in the United States.
Amongst the issues that happened there was that regulation failed. It failed and supervision then couldn't do what supervision had to do. And so in this period we've lived through over the past 30 to 40 years when everything was leveraged, when the world moved through the Berlin Wall coming down and we entered a unipolar world and nothing mattered but greed, the wheels came off supervision and regulation because tomorrow would always be happier and greedier than today. What failed in this context was that people who were elected or appointed to supervise markets failed to understand fundamentally how markets work. In many respects it's no different from what happens when very poor people find themselves in the debt trap. Frequently because people don't understand where money comes from or how money works - how interest may be calculated or what the impacts on their own lives might be.
The other date which would be important in history is the 23rd of October this year, because that is the day which former Fed Chair Allan Greenspan gave testimony to Congress and admitted that he failed to understand what the impact of this large unregulated part of the market is. Between that date and today and beyond I think there is something that we clearly need to understand about certain changes that will impact on the operations of market and also on consumer behaviour. It's worth trying to get a sense of some of these trends.
But go back to that period of leverage. On the one hand for consumers there was loads and loads of very cheap money available, partly because of large global imbalances which is a macro economic problem which was raised but not acted on, and partly because profit could be maximised in a way that actually spoke to the most profound form of regulatory failure - risk was taken off the balance sheet. More room was created on the balance sheet for greater and greater risk and greater and greater leverage. If you look at the risks taken off the balance sheet there was everything - mortgage lending, mortgage originators tended not to bother, they were completely unregulated and unsupervised, they could lend to anybody, and to maximise returns they obviously opted to lend to people who had no ability to pay. What the mortgage originators knew was that they could transfer that risk to other institutions and they transferred it to banks. The banks bought this and between originators and banks with ratings agencies who treated this frequently, these collateralised debt obligations, treated it as AAA credit and the banks bought it and the banks knew that included in what they were buying was actually pretty toxic stuff. Then they would dice and slice and take insurance on this bad risk so that somewhere down the line it would be someone else's problem. This dicing and slicing came in the form of the derivative - in fact an insurance product called the Collateralised Debt Swap - it was designed as a very clever idea by a group of young bankers at the end of 1994, placed on markets in 1995, and by the year 2000 there was $100 billion of this stuff available. Try and calculate the growth from zero to a hundred billion in five years and get the slope of that. By the end of 2007 there was $62 trillion of CDS written up - insurance product; a lot of it over the counter, unregulated, unsupervised, it was going to be somebody else's problem to pick up.
Now these bad loans are being called and the insurances are being called. One of the companies that was involved in very significant write ups of CDS is a company whose initials appear on the jerseys of a soccer club- it's an American Insurance Group. They wrote up just under $450 billion of this stuff and now there's a call, but they are incapable of meeting those obligations. They are primarily not an insurer of bad debt, they are primarily an insurer against all manner of other risk. What this results in is the authorities in the US have to take a view about AIG as AIG can you imagine families losing homes in California right now due to fires who have probably insured with a company like AIG, they took the correct decision to protect against calamity, not being able to make a call because AIG had veered off what they are best able to do into these derivative products and therefore cannot meet the obligations that ordinary working families and others had provided for. Or you can look at hurricane Gustav and the families that lost everything there and were probably also insured. If you allow insurance companies to go off the wall because of regulatory failures then its people who may actually have taken correct decisions to provide against risk who would suffer. These things are important because understanding how markets work and understanding the place of regulation in markets is so fundamentally important in times like this. The symmetry of information, of control, of education about how markets are supposed to work, becomes exceedingly important. As these issues unfold the bad risk which was picked up by those two big mortgage guarantors in the US, Freddie Mac and Fanny Mae which between them had $5.1 trillion worth of mortgages on their books - if they go belly up you could imagine what the impact would be on the lives of ordinary people because understanding sub-prime which has been about lending to people without income, without jobs, without assets is one kind of risk. What has happened is that as part of the housing market was hit, families that have jobs and incomes and should be able to meet their mortgage, find themselves in an environment where there's an asset mismatch - where prices are coming down and there's no connection between mortgages they are trying to redeem and what the value of the asset might be worth. Trapped in that $5.1 billion of Fannie Mae and Freddie Mac are many millions of families who find themselves in that situation. Whilst financial markets are about discrimination and part of education is to minimise the discrimination, part of regulation is to ensure that the discrimination is not unfair. Financial markets can't work without discrimination but what happens when they fail is that they fail also to discriminate between good and bad.
And what you've seen in those markets is something not confined to either housing or to the United States because some Chinese banks were sitting with some parts of these assets and some insurance companies originally from South Africa picked up some of that and the risk has been spread across the world. And so, the solution to the problem needs to be found from across the world.
In the first instance what fuels all of the financial sector is inter-bank lending. When the Reserve Bank sets the Repo, it's the repurchase rate but it also has a big impact on the inter-bank rate, because banks keep each other alive in this way. But for banks to keep each other alive, the one has to know what the other bank's assets are worth. If your collateral is worth nothing or if your collateral is as bad as mine then I'm not going to be lending to you. Which is what caused the inter-bank lending to seize up - when this happens it doesn't just seize up between banks, it seizes up in all of our lives because we've come to take so much for granted about what happens in the financial sector. Basically what happens is that the financial sector provides a link between the present and the future. If money isn't there, then banks can't lend, and the link between the present and the future is cut. The same thing obviously also applies to investors who need to borrow against future revenue to have investment capital to create the employment that then creates the future revenue streams for other people. So when the financial sector seizes up, everything seizes up.
Rich countries between them have put about $4 trillion into play to support the financial sector, not because of the financial sector but because of the link between the financial sector and the rest. The link with the rest is of course what we have to try and deal with because in our failure to deal with that the impact would be too profound. It's as serious as going into depression.
It's a very simple formula. It's a matter of going back to that country where the butterfly first moved its wings. Cleary credit is not available, the average savings rate in the US has been negative for a few years, families are indebted probably to the tune of 112 per cent of next years' income. When you have that kind of situation people can't afford to extend that link between the present and the future. If what you do in Detroit is manufacture cars and people can't get the credit to buy those cars, people can't afford to buy those cars, what are you doing making those cars If you can't build those cars, what about the car component manufacturers - the people in Port Elizabeth who make catalytic converters for cars And if you aren't using catalytic converters, why are you mining platinum?
You can look at this thing from different perspectives because indeed if you were lucky to be a BEE partner in mining you're going to find yourself under water. These links are important to understand because if markets seize up, the impact is felt very far downstream. And so we return to that which we know - which is financial literacy for Ministers and Members of Parliament, and public servants, and business people, all of them. If we understood that a bit better, then we probably wouldn't be sitting with what the world is living through now. In many respects our financial sector in South Africa is working much better than most. It's boring. I mean, there isn't a word in Zulu, or Afrikaans, that translates to Collateralised Debt Swaps - I've checked. So, we haven't gone there. If you look at mortgage originators, there aren't many that aren't part of banks. If you look at the attempted securitisation of these mortgages there aren't too many products around in this market.
When I was in the States earlier this year there was a small report that there were 42 originators of student loans that couldn't proceed in this market so the idea of no student loans available in the United States presented the authorities with a problem where the Secretary for Education had to provide money from the Treasury to keep student loans alive. If you pause and consider all of the ramifications and then you understand why a financial system that sometimes is boring and sometimes is difficult and sometimes doesn't make available copious amounts of cheap credit is actually the best advice in the circumstances. This doesn't suggest that the battle for access should end. But it does say that we must be informed by rationality and the experience of what is happening around us in the world. But also we must be informed by the fact that these issues are not going to disappear if the G20 in the course of the next few months finds some way to keep this global economy afloat. These issues are going to be in every economy as a feature probably for the next five years. Saving becomes more important. But savings on its own without sound regulations doesn't work - you can look at Germany which has a fairly high savings ratio and well-capitalised banks. If one single bank goes offshore for tax purposes, and it happens to be the biggest mortgage lender, finds itself in trouble there and then has to turn to German taxpayers and say, "we are in trouble". Regulation and oversight are fundamentally important. Look at China - the Chinese people together save 54 per cent of GDP. But that's because they're scared of their own future; that's because there's no retirement provisioning, no health care provisioning and people fear aging. So, it must be savings for a purpose, the financial sector for a purpose, linkages for a purpose, it must bring together so much of what we understand about the world and the way it is supposed to work, so that the interrelationship between the financial sector and the productive side of the economy is something we should never take for granted, and something we should never allow the decoupling of.
This was of course much of the thesis of Keynes - about preventing the financial sector from operating for its own sake and one of the better known Keynesians who won the Nobel Prize in 1981, James Tobin said "I confess to an uneasy Physiocratic suspicionthat we are throwing more and more of our resourcesinto financial activities remote from the production of goods and services, into activities that generate high private rewards disproportionate to their social productivity. I suspect that the immense power of the computer is being harnessed to this 'paper economy,' not to do the same transactions more economically but to balloon the quantity and variety of financial exchanges. For this reason perhaps, high technology has so far yielded disappointing results in economy-wide productivity. I fear that, as Keynes saw even in his day, the advantages of the liquidity and negotiability of financial instruments come at the cost of facilitating nth-degree speculation which is short-sighted and inefficient....I suspect that Keynes was right to suggest that we should provide greater deterrents to transient holdings of financial instruments and larger rewards for long-term investors".
The same issues - strip it down and I think that we should all agree that regulation must exist in order to provide protection to the consumer and user or depositor. Regulation must also provide, as it does in this country, to improve the quality of intermediation as the FAIS does. Regulation must provide, as the National Credit Regulatory Act does, for some intervention in limiting this appetite for an endless amount of credit in the lives of people. And regulation must hold those who are licensed to intermediate banks and non-banking financial services to account for their actions. Regulation should also provide for the need for all pools of capital to be supervised so that you can't transfer these entities into offbalance sheet things. Northern Rock for instance was transferring their off balance sheet risk to an entity located on the isle of Guernsey and the fruits of that investment were nominally destined for children suffering from Down's Syndrome. Not a dime ever reached those children.
Greed knows no conscience. Regulation is about that but I think that none of it works unless it is matched by the symmetry of an informed populace that takes informed decisions about their own lives, who are able to then discern the best decisions to take to link the present and future - because that's what financial services are ultimately about.
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The National Treasury today announced that during the holiday period, Primary Dealers in RSA Government bonds will be required to quote twoway prices until 11:00 on 24 and 31 December 2008.
Primary Dealers will not be required to quote two-way prices on 02 January 2009.
For further information please contact Phumzile Maseko on 012 315 5610.
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The global economy is presently living through its deepest crisis since the Great Depression of 1929. Around the world, people's representatives like ourselves are engaging with the impact of this crisis on their respective mandates. I want to express sincere appreciation for this opportunity to address the National Assembly on what we know about this crisis. Earlier today we had an opportunity to discuss these matters in great detail with the members of the Portfolio Committee on Finance. Important as those discussions were found to be, we recognise that the challenges before us cannot be confined to one or other portfolio committee - the nature of the challenges is such that they affect the very fundamentals of all of our work - the crisis gnaws at the contract that we have with the people of South Africa; indeed it compels us all to ask about our ability to contribute to a deep and durable democracy that will lift millions of our people out of a life of grinding poverty.
First and foremost, this is a crisis of the developed world. Loose credit extension in the years since the dot-com bubble burst in 2001 and large fiscal deficits in the US have increased the debt of households and governments alike. These debt levels have become unsustainable. The popping of these bubbles has had and will continue to have a large global impact.
Many countries not at the centre of the current turmoil will suffer terribly and tragically. As firms in developed countries strive to repair their balance sheets, they tend to sell everything and repatriate resources back to their home base. This has implications for us as it has for many emerging economies, despite the fact that the epicentre of the crisis does not lie on our shores. The depreciation of our currency, the rand, in line with many other emerging market currencies is testimony to these developments.
Of particular concern is Africa. Strong rates of growth in recent years are at risk as commodity prices fall and countries are forced to pay back capital. These fears pose the risk that there will be greater demands for protection from fearful populations and, less benignly, cynical adventurers. This is the state of the world, and it cannot be allowed to continue.
The causes of all this can only be paraphrased here today. Over the years, banks purchased vast quantities of loans used for house purchases in the United States. As interest rates were increased in 2006 and 2007 in that country, many of those debtors began to default, putting at risk the value of all the housing loans. This uncertainty has resulted in the share prices of financial and nonfinancial companies falling, affecting lending operations between the banks.
Financial institutions involved in property, such as Northern Rock, failed, while other institutions experienced increasingly large losses on their investments in the housing markets. Losses of $200bn were predicted in the early days of the crisis. Estimated losses now stand at an estimated US$1.4 trillion, according to the IMF.
Central banks in advanced economies responded by announcing coordinated action to address short term funding markets, establishing temporary currency swap arrangements, and injecting liquidity into the markets. Sovereign wealth funds were tapped for funding for UBS, Morgan Stanley and Merrill Lynch. Interest rates have been cut sharply.
These actions did little to stem the tide however. Investment banks in the US failed (Lehman Brothers), were bought for a song (Bear Stearns), or changed their regulatory stripes to access a deposit base (Goldman Sachs and Morgan Stanley). The US Federal Reserve provided AIG, a large insurance company, with support of approximately US$150 billion, made up of an initial equity stake of US$40 billion and the difference in various liquidity support measures.
Governments have committed about $4 trillion to support financial systems around the world. About US$661 billion of write-downs and losses have been acknowledged so far.
In the quarter to September 2007, Volvo sold about 42 000 trucks. In the same period this year, they sold just 175.
plunged 71.9 per cent in October.
General Motor's share price has fallen 88 percent this year, to US$3, its lowest price since 1946.
GM, Chrysler and Ford have requested a US$ 25 billion bailout as car sales in the US dropped 32 percent last month compared to a year earlier.
The world's equity markets have declined precipitously. Since October 1, 2008, the US Dow Jones Industrial Average has fallen by about 36 percent. Brazil's Bovespa has dropped by 45 percent. Russia's RTS has declined by 71 percent. Our JSE All Share Index has fallen by roughly 30 percent.
One of the great sources of ballast in the world economy has been the rapid economic growth of China, which has contributed on average 20 percent of world growth in the last 5 years. With a gigantic population and rapid economic growth, China has been both a great importer of raw materials and commodities from the rest of the world and a great exporter too. China's demand for commodities contributed to the commodity price boom the world experienced over the past 6 years.
But growth in China has begun to moderate, resulting in lower imports and putting downward pressure on commodity prices. Chinese GDP growth slowed to 9.0 percent in the 3rd quarter 2008 from 11.9 percent in 2007 and 11.6 percent in 2006. The IMF forecasts Chinese growth of 8.3 percent in 2009.
Commodity prices have responded quickly. The price of platinum has dropped 47 percent since January 1. Gold prices have fallen by over 13 percent.
1 And concentrated in the United States and Europe: US = US$410 billion, Europe = US$224 billion. Wachovia US$97 billion Citigroup US$68 billion Merrill Lynch US$58 billion Washington Mutual US$46 billion UBS US$44 billion prices have dropped by 31 percent. Coal prices remain 40 percent higher than they were in January, but have declined by 31 percent since October 1.
Falling prices for oil and other commodities and the major outflows of capital from emerging markets in the middle of October signaled that we have entered a new phase of the crisis. Economic conditions have deteriorated worldwide. Despite this, the global economy will continue to grow in 2009, with all of the growth deriving from developing economies.
World output to fall from 5.0% in 2007 to 3.7% in 2008 to 2.2% in 2009.
Advanced economies GDP growth at 1.4% in 2008 and -0.3% in 2009.
African growth expected at 5.2% for 2008 and 4.7% for 2009.
Commodity price changes alone have ambiguous effects on South Africa, but we should be under no illusions about the fact that our economy will suffer along with the rest of the world. The financial crisis is giving way to a real economy slowdown. Some countries will bear the full brunt of both the financial crisis - lending and borrowing has come to a halt - and the economic crisis - exports and imports will fall.
In South Africa we have experienced at least part of the financial shock. Our exchange rate has depreciated sharply and the prices of our equities and bonds have fallen far. Yet our sound and well-regulated banking system is not dependent on foreign lines of credit and our exposure to toxic assets has been nearly non-existent. Some firms with extensive international operations have seen losses, but even these have been small. Our public debt levels are low and our level of foreign currency debt is even lower. This helps to lower our vulnerability to financial shocks.
Global economic weakness in trade and investment however will have more farreaching effects. Declining commodity prices and lower growth in major trading partners will lower demand for South African exports and reduce the income we derive from them.
Only one part of our challenge is to ensure an appropriate short-term response. In the long-term, we need to ensure that our firms and our people are more productive, more export-oriented, and have higher saving and investment rates. We need to be able to achieve much higher economic growth rates with a sustainable current account.
2 IMF food price index peaked in May 2008, 50% higher than a year earlier. Since May, food prices have declined by 14%.
It is becoming clear, however, that at least in the medium-term, our aspirations for more rapid economic growth and our capacity do not match.
Our policies have been appropriate to our macroeconomic challenges in recent years. We have set a monetary framework that targets a low and stable rate of inflation over the long-term. As a small economy we can expect that inflation will sometimes fall outside the target, and we have experienced such an occurrence this year and last from sharply rising food and oil prices.
nearly all countries have missed their implicit or explicit inflation targets over this period. What matters is that we have a framework that is flexible enough to ensure that we re-achieve low inflation over time and with due regard for economic growth. The economic and social costs of a prolonged period of high inflation or deflation caused by wayward or ill-conceived monetary policies cannot and should not be tolerated by a democratic society.
On the fiscal side, we have endeavored since 2005 to raise saving in the economy and create fiscal space. We did this for two reasons. One was to offset the negative effects of rapidly-growing domestic demand on inflation and the competitiveness of the economy. The other was to create financial savings to expand demand should economic growth fall sharply.
At this point in time, we can prudently maintain a healthy growth rate in government spending while keeping public borrowing modest and sustaining low long-term interest rates. As growth slows, however, it is likely to become more difficult to maintain a positive government saving rate. Continuing to focus spending on capital and public infrastructure helps to keep saving up, and so we have opted to continue to emphasise our public infrastructure commitments - the expansion of our energy production capability and to ensure readiness for the World Cup, among others.
Our good track record in financing investment in human capital - in health, education and skills development - will also be maintained. These commitments will help to raise the economy's growth rate in the present as investment spending is maintained, and in the future contribute to rising potential growth of the economy.
To close the gap between the 6 percent economic growth rates we aspire to and the realities of slower growth we are now experiencing requires a renewed effort to reform our economy.
Reform is needed to propel investment. Purchases of South African bonds and equities by foreigners accounted for almost half of South Africa's financing needs between 2002 and 2007. About US$20 billion per year is needed to finance the current account deficit.
3 That is below the rate of growth that provokes inflation or an unsustainable current account deficit.
to maintain confidence in our macroeconomic policies and raise the growth rate of the economy.
Our dependence on foreign savings can be reduced over the long-term, but the only way to do this sustainably is to export more - to produce goods and services more productively and at lower cost than before and sell them abroad. This is where economic reform needs serious engagement by South Africans to make good long-term decisions.
There is no shortage of good and bad ideas. Our task is to find the good ones and move forward with policy articulation and implementation. Raising the cost of economic activity and restricting our ability to trade is not the right path for South Africa. We live in a world where our domestic industries, such as the domestic auto or metals industries, are intimately and irrevocably linked to the rest of the world. The indiscriminate dispensing of cash to firms that lobby for help will also not raise incomes and create jobs. We have made financing available for industrial policy - it is time that economically-sensible plans are articulated for public review and support.
Our focus on government's contribution to reducing the costs of economic activity and expanding infrastructure needs to be matched by investment and productivity growth in the private sector.
There is room for policy adjustment in a range of sectors to facilitate investment in new businesses and growth in employment, particularly in network industries. New power generation, greater responsiveness to environmental needs, expanding our access to advanced telecommunications, the redevelopment of water and transport infrastructure, among others, imply fertile ground for private and public partnership and new economic activity.
Let us be clear - the global crisis enjoins us to take forward our efforts if we intend to permanently reduce unemployment, increase incomes, and lower poverty. Our macroeconomic policies are sufficiently flexible to address a prolonged economic downturn, as demonstrated in the shift to a fiscal deficit in the MTBPS. We have a good understanding of what the international community is doing to combat economic weakness, and we understand the need to address our local economic challenges.
Our domestic efforts to address the global economic crisis need to find external resonance in the reform of the international financial architecture, in the reform of our multilateral institutions, and in the renewal of global commitment to mutual accountability. A coordinated international approach to the financial sector is also needed.
The international financial and economic crisis is in large part about the failures of national and cross-border regulatory regimes in assessing and managing the risks building up in financial institutions and systems. In Sao Paolo and Washington, at the G20, we discussed how to address these problems in a durable and credible way in coming months. On a national basis, it was noted that policy frameworks need to maintain fiscal sustainability - there is little gain to be had from a new massive build-up of imbalances. We cannot allow a crisis caused by a rise in debt and cheap credit to be followed in 10 years time with another crisis caused by the same thing.
To make headway, Ministers of Finance and Central Bank Governors have been asked to look at a range of issues in the financial markets, with deadlines set for next year. Particular attention needs to be placed on sound regulatory policies and the application of standards for accounting, auditing and transparency.
Each country will therefore have to develop its national plan, based on the common principles for reform. We will each have to assess to what extent both our fiscal and monetary policies support the internationally agreed principles. More importantly, we will need to ensure better co-ordination and co-operation not only between our own financial regulators, but between our regulators and those of other countries, particularly in regulating financial institutions that operate in more than one country. I will be convening a meeting of all our financial regulators, as well as the SA Reserve Bank and National Treasury, to ensure that as South Africa we give effect to the common principles for reform, and to facilitate our full participation in global standard-setting institutions and the Financial Stability Forum.
Colleagues, allow me to conclude. We have the good fortune of being able to stand on the shoulders of those who preceded us, and so we understand much about what has gone wrong in the world economy and what is required to deal with it. The effects however will be with us for the foreseeable future, and so we need to think carefully about how we reach our own domestic economic goals in this new environment. Our macroeconomic framework is sound and because of the choices we have made in the past, we have the resources and policy space to set an appropriate response to the evolving economic downturn.
We need however to address the microeconomic and regulatory constraints to more rapid economic growth. This implies a renewed social dialogue, one part of which will be the development of a national approach to financial markets regulation and reform. But addressing our long-term growth and employment challenges requires a broadening of that dialogue. Much needs to be done to achieve our aspirations of a country without poverty.
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The National Treasury will extend the R153 switch auction programme to March 2009.
There will be at least one auction conducted during the months of December 2008, January 2009, February 2009 and March 2009.
The R153 switch auction Terms and Conditions will still apply as published.
The auction dates and the destination bond(s) will be announced 7 days before the auction is conducted.
<fn>GOV-ZA.20081125msinterimreportadministrationestatesmediastatetsEn.2012-02-10.en.txt</fn>
The KwaZulu-Natal Health Minister Dr Zweli Mkhize visited Edendale Hospital to view Tele-medicine units this afternoon. The Tele-Ophthalmology unit at Edendale hospital forms part of the 11 Tele-medicine sites which provide medical information and services at a distance. Eight Ante Natal Tele-Ultrasound Services are situated at King Edward VIII, GJ Crookes, Stanger, Mahatma Gandhi, Osindisweni and Port Shepstone hospitals, and KwaDabeka and Phoenix Community Health Care Centres.
URL: http://www.info.gov.za/speeches/2001/010323345p1003.
<fn>GOV-ZA.2008112701En.2012-02-10.en.txt</fn>
The switch auction will be conducted on 04 December 2008.
The destination bond for the auction is the R 207 (7.25%: 2020).
The source bond for this auction is the R153 (13.0%: 2010) and the destination bond is the R 207 (7.25%: 2020).
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Envoy for this Conference.
Michel Camdessus in a similar role with respect to the Monterrey Conference. It has been a great honour to again advance the consensus on Financing for Development, this time together with Frau Heidemarie Wieczorek-Zeul.
When we prepared for the Monterrey Conference we did so under the shadow of 9/11.
As the dust settled, world leaders were driven forward. We were determined that a new global partnership must be forged. We had seen that systemic poverty is the ultimate systemic risk; that continuous war could only be averted through development.
The visionary commitments we made at Monterrey continued to resonate, because they depended on a new spirit of cooperation.
'the other side' demanded it of us. Not because non-compliance would result in sanction or reprimand. We took action because we knew that adherence to our agreements and implementation of these actions was in our own very best interest.
Today we meet again under a dark cloud of senseless violence. This time the demon of terror has struck at the commercial capital of a developing country: an act of senseless violence in one of the world's largest and fast growing emerging economies.
At the same time, the commitments we made at Monterrey are being tested: the global engine that has driven our growth and development is broken. This time financial crisis has surfaced at the heart of the industrialised world. But it threatens to defeat our common purpose and push back the advances we have all made since the turn of the century.
We need to pause and understand the nature of this crisis. The financial crisis is spilling over into the real economy at unprecedented speed. Productive sectors without working capital and long-term finance are closing their doors on many millions living in the 'real world'. The reality of global recession calls for decisive and collective action to prevent another great depression.
We know that the headlines will draw our focus towards the erratic movements of stock price indices. But we must keep our focus on the steady clamour that is rising outside the factory gates, and the silent reality of growing poverty.
As is the case for many low income countries, the crisis constitutes a major setback at a time when African economies were making significant progress. This comes on top of the food and fuel shocks, which pushed back the Millennium Development Goals by seven years and sent more than 100 million people back into poverty.
Many of the countries on our continent have built a solid platform of macroeconomic stability. But we have not yet completed the micro-economic reform, human development and infrastructure expansion that is vital to self-sustaining and broadbased growth of our continent. And now we face this profound setback, not of our own making.
We must sit up all together, take note and dispense with the luxury of procrastination.
The negotiations on the outcome document have been terribly slow. There is a lack of urgency that does not speak to the reality of what is happening in the world.
Future generations will judge us harshly if they find that, at the very moment that history required us to join hands in global solidarity, we were unable to rise above the petty animosities that cause us to look inward and fester.
Yesterday the Secretary-General convened a number of leaders to a retreat. All of us agreed that the issues that divide the negotiations are small and inconsequential compared to the challenges that the world now faces.
Our task is to lead the world through the change that is clearly required. We need a text that speaks unequivocally of the changes we need. But - like at Monterrey - it must bring us together and not drive us further apart.
What is required is a spirit of compromise and real commitment to the task.
I wish to join my friend and co-Special Envoy Heidemarie Wieczorek-Zeul in calling on all of you to assist in finding a workable solution, which is able to resonate beyond the confines of this conference room, and have meaning to the millions out there and well into the future.
This is what we achieved at Monterrey; we dare not fail in Doha.
South Africa is privileged to sit in many different forums. We are Africans, and realise that our own development is inextricably bound to that of our continent. Like our African brothers and sisters we join the developing world in the G-77.
South Africa's participation in the G-20 can in no measure substitute for proper representation for our continent. Nevertheless, even as we militate for enhanced African representation, we will continue to engage with the G-20 as an important forum through which to forge the necessary compromises and mobilise the resources that we require to build a new economic multilateralism.
Above all, we must work through all the institutions at our disposal, to devise an urgent and collective response to the global reality. If we don't unite in action to this crisis we will be selling the world's poor short.
One critical response must be to make a bold and unambiguous commitment to maintain global solidarity. In this context, we should welcome the many admirable pronouncements that have already been made at this podium. And we must again congratulate the actions of the five developed countries that have already attained the goal of 0.7% of GNI. Let us remember that adherence to such commitments is in our own very best interest.
Despite their weakened state, financial markets continue to impose a cast iron discipline on errant sovereigns who fail to keep their bond, or deviate from the course of sustainable macroeconomic policy. But there is no equivalent mechanism that can force the obedience those who fail to keep their word in respect of global solidarity.
The only tools we have are the multilateral system. But if multilateral institutions are to work effectively, we must all yield up a measure of our national sovereignty.
At a global level there are many different institutions, each with its own capacities, strengths and weaknesses. Realising change will require them all to act in concert. When it comes to public governance, especially at a global level, there is nothing to be gained from competition between the United Nations, the Bretton Woods institutions, the WTO and the many other initiatives that exist to solve problems and bring us together on matters of policy. What is obviously required is greater collaboration. Can we not find a middle ground even between Washington and New York?
Monterrey was an historic moment, made possible because the old zero-sum politics of cold war blocs had collapsed. The dead-weight of 'group think', which had held back consensus for more than a generation, finally lifted. In its place we were able to build a new partnership based on solidarity, mutual respect and collective action.
President Sarkozy reminded us again when he addressed us this morning that we cannot build the world of the 21st century with the institutions of the 20th century.
Clearly, the G-7 is one of those institutions that we must leave where it truly belongs - in the history books that describe the twentieth century. But we must ask if it is the only anachronism that holds us back. Perhaps, with the demise of the G-7 it is time that we reconsidered the G-77 as well.
We cannot allow this conference to end in failure. We must sustain and build on the consensus we reached in Monterrey. It is more important that any of the small differences that divide us today.
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The 2008 Tax Statistics is a joint publication by the National Treasury and the South African Revenue Service (SARS). This publication is a first of its kind and the intention is to produce it on an annual basis.
The publication is intended to fill a void with respect to the availability of disaggregated tax revenue data. Many commentators, academics and analysts have requested tax revenue data at a more disaggregate level. It is hoped that this publication will form the basis for more in-depth analysis of tax revenue data.
The publication provides an overview of tax revenues for the period 2002/03 to 2005/06. In some instances aggregate revenues for earlier and later periods, where available, are also provided. The data is based on tax revenue collections and customs duties with the focus on three main tax instruments i.e. Personal Income Tax (PIT), Corporate Income Tax (CIT) and Value Added Tax (VAT).
This publication should provide useful information that will augment existing data sources and help to gain a better understanding of the structure of our economy, income sources and tax revenues.
It should be noted that the detailed information in chapters 2 and 3 are based on tax returns that have been assessed at the time the data was extracted early in 2008. Hence, the (lower) numbers in later years should be seen in the context of a lower rate of assessment at the time the data was extracted. Subsequent publications will report on revised data, given the additional assessed information that will become available.
Chapter 2 is an overview of assessed Personal Income Tax (PIT) revenues of registered individual taxpayers, with information on tax revenues by taxable income group, age, gender, source of income, fringe benefits, allowances and other deductions. It should be noted that employees with an annual taxable income below R60 000 are not required to register with SARS (they may, but the majority do not).
Chapter 5 provides information on the customs value of imported goods by product type as well as VAT, customs duties, and ad valorem excise duty revenues on imported goods.
Both the National Treasury and SARS hope to improve on subsequent publications and would welcome comments on the types of data that should be included in future editions. Such improvement in the quality of data, and its availability, will also enhance the tax policy process, which will be better informed as a result of such data. The publication also promotes greater transparency in the tax policy process.
See the attached annexure for a sample of the type of information contained in this publication.
An electronic version of this publication and the excel tables are available on the websites of National Treasury (www.treasury.gov.za) and the South African Revenue Service (SARS) (www.sars.gov.za).
Annexure Table 1.
Number Individuals1 Companies (CIT)1 Trusts1 PAYE1 VAT1 2002/03 3 415 432 814 894 254 593 252 589 506 098 2003/04 3 777 005 817 381 283 825 274 764 536 281 2004/05 4 115 293 933 136 318 967 302 880 578 138 2005/06 4 476 261 1 054 969 344 882 330 194 633 703 2006/07 4 764 105 1 218 905 374 411 349 077 677 153 2007/08 5 204 805 1 584 002 384 747 379 675 745 487 1. Excludes cases where status is in suspense, estate and address unknown.
Individuals: Personal Income Tax (PIT) = (Employees, sole proprietors & partners) Table 1.6.
Table 2.1.
Taxable income group 2003 [95.1% assessed] 2005 [87.
Companies (CIT) = incorporated businesses Table 1.6.
2002/03 56 573.8 2 921.6 209.6 -3 960.0 55 745.1 2003/04 60 673.0 3 040.6 99.5 -2 932.2 60 880.8 2004/05 70 571.8 4 007.4 145.4 -3 942.7 70 781.9 2005/06 87 949.6 4 487.9 123.7 -6 400.4 86 160.8 2006/07 118 205.1 7 084.2 513.5 -6 804.2 118 998.6 2007/08 139 281.0 7 595.9 203.8 -6 960.8 140 119.8 1. Includes tax credit certificates.
Table 3.3.
Taxable income groups 2003 [66.8% assessed] 2005 [47.
Table 3.2.
Type of company 2003 [66.8% assessed] 2005 [47.
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<fn>GOV-ZA.2008121201En.2012-02-10.en.txt</fn>
The National Treasury welcomes the release of the Technical Report of the Banking Enquiry by the Competition Commission of South Africa. The Banking Enquiry was established by the Competition Commission in August 2006 to examine certain aspects of competition in retail banking in the country. The Technical Report follows the release of the Executive Overview of the Banking Enquiry in June 2008, and supports the findings of the Enquiry Panel.
While the Report itself does not necessarily reflect the views of the National Treasury, it raises important policy issues and provides recommendations which the National Treasury will comprehensively review and analyse.
Many of the Enquiry's recommendations require a coordinated policy response. Accordingly, the National Treasury will meet with the Department of Trade and Industry, South African Reserve Bank and Competition Commission to discuss options for facilitating a government response.
Provision will also be made in this collaborative process for consultation with and input from industry stakeholders. Any major reforms resulting from the process will be consulted with industry stakeholders and approved by the Ministers of Finance and Trade and Industry.
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<fn>GOV-ZA.20082009En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2008En.2012-02-10.en.txt</fn>
A registered trade union or registered employersâ€â organisation may apply to the registrar of labour relations to form a statutory council.
<fn>GOV-ZA.2008KhampempeEn.2012-02-10.en.txt</fn>
Signed on this the 3rd day of February 2006.
The aim of this report is to create a guideline and provide direction into the mandate and location of the Directorate of Special Operations ("DSO"). It is intended that this document, will provide a comprehensive analysis of the array of data and evidence presented before the Commission which provides a basis for the conclusions reached in respect of the mandate and location of the DSO.
The history of the establishment of the DSO stems from the need to curb rampant organised crime which was threatening the political and economic integrity of the country. Some corrupt elements in the police force which existed at the time, necessitated the creation of a de novo entity, designed with the specific intent to pursue the elusive elements of organised crime.
The founding of the DSO in terms of the NPA Act sought to confer limited investigative capacity on the DSO in relation to priority crimes, address the issue relating to the role and functioning of the DSO, provide mechanisms for coordination and cooperation of the activities of the DSO and other relevant government institutions and further provide the requisite infrastructure and resources to enable it to effectively tackle organised crime.
However, the subsequent transformation of the South African Police Force ("SAPS"), as well as the unheralded success of the DSO made conflict inevitable.
The commission of inquiry was established to respond to varied concerns and questions which have been raised across the Criminal justice system and within the Intelligence Community relating to the role and functioning of the DSO.
institute criminal proceedings, relating to offences or unlawful activities committed in an organised fashion, or such other offences as determined by the President by proclamation in the gazette.
the jurisprudential soundness of housing the investigative and prosecutorial capacities of the DSO in one structure under the authority of the National Director of Public Prosecution , with the minister for justice and constitutional development exercising final political responsibility over the DSO.
the overlapping mandates of the DSO and the SAPS with regard to the investigation of national priority crimes including organised crime and the duplication of resources resulting there-from.
the existence within the DSO of an information [intelligence] gathering capacity that functions outside the legislative framework of the designated intelligence structures, the uncertainty and the exclusion of the DSO from the Intelligence oversight Act, 40 of 1994, thereby making its intelligence activities not subject to the oversight functions of the Inspector General of Intelligence and the joint standing committee on intelligence.
lack of coordination and cooperation between the DSO on the one part, the SAPS and the designated intelligence structures, such as the NIA and the SASS on the other.
the location of the DSO within the National Prosecuting Authority and consequently under the Department of Justice was argued to be in conflict with the provisions of the Constitution. The amalgamation of both law enforcement (policing) as well as justice (prosecuting) elements in the DSO were exacerbated due to the competition over jurisdictional territory and the concurrence of mandates.
It was thus the Commission's express mandate to obtain clarity in respect of the location, mandate and operation of the DSO vis-à-vis other relevant government departments or institutions.
The Commission was presented with varying and conflicting evidence dependant entirely on the positional perspective of the source. Since the prosecution service was going to be an important element in the combat against organised crime, a decision was made to locate the DSO within the National Prosecuting Authority. The NPA Act was accordingly amended to create the DSO and to collapse in it various other directorates that were in place at the time.
The rationale for the establishment of the DSO, that is, to create a multi-disciplinary structure using the troika principle as a methodology to address organised crime was precipitated by intolerable levels of crime. I am satisfied that all relevant stakeholders were convinced that a new strategy was necessary to arrest the corrosive impact that organised crime was having on the socio-economic and legal structure of the country.
There was agreement across board that the law enforcement structures were at the time, ineffectual to fully address the formidable challenges presented by organised crime. There was broad consensus that a new independent structure was necessary to launch a fresh and comprehensive answer to the challenges presented by organised crime.
Despite the indications that crime levels are dropping, it is my considered view that organised crime still presents a threat that needs to be addressed through an effective comprehensive strategy. The argument that the rationale no longer holds since the levels of crime are showing a decline is therefore devoid of merit. For this reason, it is my considered finding that the DSO still has a place in the government's law enforcement plan.
It is my recommendation that notwithstanding indications that organised crime is being addressed on a concerted basis, the rationale for the establishment of the DSO is as valid today as it was at conception.
With regard to the location of the DSO, there were many who endorsed the SAPS argument in favour of locating the DSO within its ranks. This contention, was however, not supported by cogent constitutional or factual argument. The two pronged argument was based firstly on the fact that the DSO did police work. This, it was argued, was inconsistent with the provisions of section 199(1) of the Constitution that provided for a single police force.
There was reference in this regard to section 205(3) of the Constitution as fortification for the constitutional argument. This section stipulates that the objects of the SAPS are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold the law.
The second argument was that the legal mandate of the DSO to investigate organised crime in terms of section 7(1) (a) (i) was in conflict with the constitutional and statutory mandate of the SAPS thereby creating what was referred to as an institutional nightmare.
After careful consideration of the evidence as well as the arguments submitted by various stakeholders, I am persuaded that no compelling argument has been made to point to the DSO's establishment as unconstitutional. For reasons that are in the body of the report, it is my considered conclusion that the location of the DSO within the NPA is constitutional and jurisprudentially sound.
Regarding the mandate per se, I accept that the legislature intentionally drafted the legal mandate of the DSO to be wide. In my view, this was prudent. An overly prescriptive legal mandate would render itself open to constant jurisdictional and other legal technical attacks and frustrate the objective for which the DSO was established.
The nature of tensions germane to mandates that overlap suggests that apart from a ministerial structure which would be useful to determine policy directions, it would still be important to establish a sub- committee with relevant individuals at the appropriate levels of authority who are able to deal with the day-to-day operational issues that are likely to arise and who would be empowered by the MCC with sufficient mandate to resolve those issues.
With regard to the evaluation of the implementation of the mandate of the DSO, the evidence tendered before the Commission raised a number of concerns relating to the manner in which the DSO discharged its mandate. The evidence pointed to numerous incidence of DSO conduct which went beyond the legislative mandate of the DSO or threatened to do so. In instances, the shared legal mandate with the SAPS gave rise to unfortunate competition over territory.
The unhappy relationship between the DSO and other law enforcement agencies was exacerbated by the malfunctioning of the Ministerial Co-ordinating Committee. This body did not do what section 31 of the NPA Act enjoined it to do. Under the previous Minister of Justice, it did not even convene, alternatively, there was no evidence that it convened. It is recommended that this committee be mandated to effectively perform its functions.
It is my considered opinion that the workings of the DSO would be enhanced by clarity in regard to the location of its political and financial accountability. Whilst I am satisfied that the rationale for locating the DSO under the NDPP and the Minister for Justice and Constitutional Development in 2002 was necessary and still pertains there is merit in considering a deconfliction mechanism proposed hereunder and elsewhere in the report . I am otherwise satisfied that there is nothing unconstitutional in the DSO sharing a mandate with the SAPS.
The Minister for Justice and Constitutional Development has identified the relationship between the DSO and that of the SAPS to have irretrievably broken down.
Under the present legal regime, the Minister for Justice and Constitutional Development is not only responsible for the NPA but is politically responsible and held accountable for the work of the DSO including the latter's vital 'policing' functions which overlaps with the political responsibility of the Minister of Safety and Security regarding organised crime.
It is recommended that the President exercise the power conferred on him in terms of section 97(b) of the Constitution with a view to harmonising this problem. Section 97(b) provides that the President may transfer any power or function conferred upon a member of the Cabinet to another member.
With the exercise of this power the President may confer political responsibility over the law enforcement component of the DSO entrusted to the Minister for Justice and Constitutional Development by the NPA Act to the Minister of Safety and Security. No great alarm would arise concerning the independence of the prosecutors who work for the DSO. They would continue to receive instructions only from and be accountable only to the NDPP.
The need for all law enforcement agencies to have a joint purpose in addressing all law enforcement responsibilities in the interest of the country and its people cannot be sufficiently emphasised. I have indicated in the body of the report that the tensions that bedevil the relationship of the DSO and the SAPS are incompatible with the constitutional responsibilities of these institutions. It is critical that these institutions answer positively to the constitutional mandate for co-operative governance required of all organs of state. It is also of vital importance that these institutions complement each other in addressing law enforcement challenges particularly those arising from organised crime. When joint credit results from every successful investigation and prosecution can be claimed by all law enforcement agencies, the public confidence in the capacity of the government to address serious and violent crime will be much high.
The other concern raised in the evidence relate to the possible suggestions of abuse by the DSO in the manner in which it handles the media around the work that it does. Very early in its investigations, it publishes the subject matter of its investigations to the possible prejudice of the persons under investigation. This may also point to a possible violation of the rights and freedoms protected under the Bill of Rights.
The work of the DSO also points to a possible tendency to go beyond the "information" gathering mandate conferred upon it in terms of section 7(a) (ii) of the NPA Act. The evidence points to intelligence gathering. This would be in conflict with the Constitution. I make recommendations in the body of the report regarding this matter.
It is my considered conclusion that the way to address some of the concerns relating to the shared mandate as well as the tensions that exist between the DSO and SAPS would be to create a multi-disciplinary vetting structure, (MVS) whose responsibility would include management of the day to day operational activities of the DSO; review of the investigations of the DSO and the task to refer matters that must be handled by the DSO.
I have not been able to address the duplication of resources among the intelligence agencies and the DSO. There was evidence that there are areas of duplication of resources. It is my conclusion and recommendation that a proper audit be done by a requisite expert in order to optimise the gains that can be made in this regard.
On 1 April 2005 the President appointed me as the Chairperson and sole member of the Commission of Inquiry to inquire into, make findings, report on and make recommendations regarding various matters constituting the terms of reference.
In terms of Regulation 5 issued under Proclamation No.
the rationalisation of resources, approaches to and standards related to training, minimising undue duplication, the coordination of operations, priority setting mechanisms, liaison with foreign law enforcement and intelligence structures and where relevant private sector entities, the impact of locating investigators and prosecutors within the National Prosecuting Authority.
remedial actions, if any, to address deficiencies identified in line with the terms of reference, various options regarding the suitable location of the DSO, including the appropriate legislative framework.
Proclamation No.R317 in the Government Gazette dated 1 April 2005.
On 21 July 2005 and 24 January 2006 I submitted interim reports which I request to be incorporated herein.
On 6 May 2005 and in terms of Notice No.434 published in the Government Gazette No.27568 of even date, I published an invitation to various entities to make, by way of affidavit, submissions in respect of each and every aspect of the terms of reference of the Commission. A copy of the notice forms part of the Commission's documentation.
In addition to the invitation referred to in sub-paragraph 5.1 above, I sent letters inviting institutions, Government departments (stakeholders) and individuals to make submissions, also by way of affidavit, to the Commission regarding each and every term of reference of the Commission. This invitation was further published in the media. Copies of the invitations and a list of the invitees form part of the Commission's documentation.
The terms of reference, by their very nature, required some input by academic institutions regarding constitutional and legal matters relevant to the subject matter of the inquiry. To that end, I extended an invitation to these institutions. A list of these institutions appears in the annexure hereto. Copies of the invitations as well as the responses received from these academic institutions form part of the Commission's documentation.
The Commission received approximately 30 submissions ranging from individuals, stakeholders, academic institutions, political parties, labour movements and non-governmental organisations. The aforementioned submissions were read, analysed and researched further.
To add value to the process and to the discharge of the Commission's mandate, the Commission made on-site visits to the Directorate of Special Operations, National, Gauteng Provincial Region, Natal Regional Division, the South African Police Services, National Intelligence Agency, the Inspector General of Intelligence's office and the Office for Interceptions.
The Commission also visited international government institutions with similar or closely similar models as the DSO. Some of these international institutions have offered and continue to offer training to the members of the DSO.
Having obtained submissions by various individuals and entities, it became apparent that greater clarity was required in respect of some of the terms of reference. I caused a request for further particulars to be issued and further particulars were then furnished. The request for further particulars and the further particulars form part of the Commission's documentation.
The nature of the matters with which the terms of reference relate also dictated a different format for the Commission. None of the issues required to be determined on credibility and, for that reason, it was not going to be prudent to address the issues through viva voce evidence.
The principal stakeholders were invited to a pre-hearing conference with a view to establish a method by which the further submissions were to be received during the open hearings. Ultimately, the decision was to receive written heads of argument.
At the commencement of the open hearings, the SAPS brought an application to have the Commission's hearing conducted in camera. The rationale behind the application centred on the fact that it was not possible to separate confidential elements of its submissions from elements that could be ventilated in an open hearing.
The application was opposed by the DSO, the Foundation for Human Rights ("FHR"), the National Intelligence Agency ("NIA") as well as by counsel representing the Commission. After hearing argument, I was persuaded that no sufficient basis had been established to exclude any section of the public from the proceedings of the Commission. I, however, directed that confidential elements of the submissions were to be excluded from public disclosure. As a result, confidential elements which would have been undesirable to expose to the general public were consequently redacted and expunged from submissions.
The public hearings were held during the weeks of 3 to 14 October 2005. The principal stakeholders who made oral presentations included the SAPS, the National Intelligence Co-ordinating Committee ("NICOC"), the parliamentary Joint Standing Committee on Intelligence ("JSCI") together with the Institute for Security Studies ("ISS") the FHR and POPCRU. In addition, oral evidence was given by the National Director of Public Prosecutions ("NDPP") and the Head of the DSO.
After the conclusion of the oral hearings, I received further submissions and documentation from the SAPS and the DSO. I thereafter collated all the information and submissions received, evaluated the information and the evidence presented, drew factual conclusions from the totality of such information and evidence and, with the benefit of additional research, submit, this, my final report.
I do not consider it necessary to repeat the submissions made by the various submitters. I only mention those salient aspects of their submissions that bear relevance to my factual findings as well as the recommendations. I also point out the contending submissions made by the various submitters where relevant.
A complete understanding of the report requires the reading of support documentation submitted to the commission. To avoid prolixity, I do not propose to annex documents to the report. I refer in the report to excerpts of some of the documents merely for purposes of emphasis.
The majority of the principal stakeholders and interested parties generally agree with regard to the rationale behind the establishment of the DSO.
There appears to be four principal reasons behind the establishment of the DSO. First, the perceived incapacity of the SAPS to investigate high level priority crimes resulting in low conviction rates in the investigation and prosecution of these offences. Second, the need to develop a multidisciplinary approach in the fight against corruption, including police corruption. Third, the need to establish an entity that would be able to attract, recruit, reward and retain highly-skilled personnel. Lastly, the perceived illegitimacy of the SAPS arising from historical and political reasons.
The multi-disciplinary approach to establishing the structure was to be based on the troika principle. The troika principle refers to a methodology that combines the expertise of prosecutors, the expertise of crime data analysts as well as the expertise of the police investigators.
The rationale for the establishment of the DSO can also be gathered from the relevant speeches and announcements made by members of Cabinet responsible for Justice and the Security cluster and the process undertaken with regard to the drafting of the Directorate of Special Operations Bill, 2000.
The rationale for the establishment of the DSO can also be gleaned from reading the Directorate of Special Operations Bill that followed the guidelines determined by the Inter-Ministerial Security Committee when the Bill was introduced in the National Assembly on 11 August 2000. The deliberations before the Portfolio Committee on Justice and Constitutional Development and the preamble to the National Prosecuting Authority Act, 32 of 1998 ("the NPA Act") also sheds light on this aspect.
On 25 June 1999, the President announced the establishment of an adequately staffed and equipped investigating unit to deal with all national priority crimes including police corruption in order to reduce the impermissibly high levels of crime and violence. A number of Cabinet members, including the Cabinet members responsible for Safety and Security and Justice and Constitutional Development, were instructed to attend to all that was necessary for the immediate establishment of the proposed unit.
The former Minister of Safety and Security indicated on 28 June 1999 that the new structure would focus on crime intelligence gathering, investigation and prosecution of persons and groups involved in priority crimes; and once operational, the new structure would allow normal detective structures to deal more effectively with ordinary crime investigation at local level.
On 11 November 1999 the former Minister for Justice and Constitutional Development in respect of preventing and fighting crime pointed out that a number of challenges existed, namely, corruption among certain officers in law enforcement agencies, callous murder of police officers on duty, unsatisfactory conviction rates and lack of co-ordinated attack on organised and syndicated crime by investigation, intelligence and prosecution authorities.
to compliment and, in some respects, supplement the efforts of existing law enforcement agencies in fighting national priority crimes.
The successes achieved by the Investigating Directorate: Organised Crime and Public Safety have highlighted the effectiveness of the troika approach to fighting organised crime. It is for this reason that the Directorate of Special Operations will employ special investigators, intelligence operatives and specialist prosecutors who will work together in project teams. A Deputy National Director of Public Prosecutions will be responsible for assigning specialist prosecutors to direct investigations to ensure that the Directorate's investigations are court directed. This approach reflects international best practice and has resulted in improved conviction rates worldwide.
Prosecution-led and intelligence driven investigations are key elements in the fight against crime and corruption. All prosecutions are being brought into line with national strategy concerning crime and crime prevention. The legislative framework for the Directorate of Special Operations (Scorpions) is nearing finalisation and will be tabled in Parliament later this month.
The creation of this unit gives effect to the Cluster's determination to increase national conviction rates through prosecution-led investigations. This unit will direct its energies at priority crimes, including vehicle hijacking, syndicated drug and arms dealing, trans-national crimes, money- laundering and corruption. Cases are given priority according to clear guidelines, and the resources and services of several Departments are being brought together where required, in a structured manner.
The crisp argument by the principal stakeholders alluded to above, is that there was a clear consensus by the government that something drastic had to be done to curtail impermissible levels of organised crime and the strain on law enforcement compounded by certain corrupt elements within the police force. For that reason, there was a need to create a multi-disciplinary unit such as the DSO incorporating the troika principle. There was also consensus that the unit should be placed outside the SAPS.
There were conflicting submissions regarding the rationale for the establishment of the DSO and its subsequent location within the National Prosecuting Authority ("NPA").
The SAPS, on the one hand, sought to argue that the rationale for the establishment and location of the DSO was pursuant to the articulation of the government's concern (including those members of Cabinet within the Safety and Security Cluster) regarding the challenges organised crime presented. These concerns related to threats posed by the high levels of violent and serious crimes and the pervasive nature of organised corruption, including police corruption and the need to establish a new structure that would effectively tackle these challenges.
On the whole, the SAPS did not seek to seriously challenge the submissions made by other principal stakeholders in regard to the initial rationale for the establishment of the DSO within the NPA. Instead it contended that the establishment of the DSO was a temporary measure resultant upon a "loss of confidence in the crime combating capacity of the Police, specifically those units dealing with priority crimes". The SAPS argued that it had subsequently rid itself of the corrupt elements within its structures and was therefore able to effectively tackle organised crime.
The SAPS further argued that it had since become successfully transformed into a professional efficient and effective police service which is regarded as a world leader in various areas of policing. It further submitted that it was able to meet responsibilities in respect of priority crimes and was more able to deal with any complicated, complex and sophisticated investigation. In this regard, it referred to the excellence of its criminal records system, forensic science services and the relevant expertise acquired by its organised crime unit.
The Minister for Justice and Constitutional Development on the other hand submitted that the issue for consideration was whether or not the threats faced by the country ten years ago were still in existence. She submitted that there were several indicators which demonstrated the extent to which the country had moved since 1994. She further submitted that the crime statistics between the years 2001/2002 and 2004/2005 demonstrated a real decline in the level of priority crimes. She nevertheless admitted that the challenge to address organised crime still remained. In her view, the threat of serious crime, whilst still requiring attention, had diminished to the extent that it was now proper to reconsider the relocation of the DSO. In support of her argument relating to the reduced crime levels, she referred the Commission to the crime statistics analysis.
The other principal stakeholders argued to the contrary. They maintained that the initial rationale for the establishment of the DSO, namely the threats posed by organised crime as well as the challenges of successfully prosecuting organised crime were still valid. The argument that the establishment of the DSO was a temporary measure was refuted. The further argument that the levels of organised crime no longer posed the threat that it did, was also challenged.
In 1999, the President announced, the decision to create a multidisciplinary structure that was to be well resourced and was to have the specific mandate to address organised crime.
Various Ministers of government, responsible for the Justice and Security cluster, echoed the statement of the State President that our nascent democracy was in danger of being undermined by organised crime. It was accepted that organised crime attacked the fabric of society and the economic standing of the country.
There was a decision to employ an innovative investigative methodology in fighting organised crime since organised crime entailed legally complex and sophisticated issues. In that regard, a comprehensive answer was to be found in the creation of a multi-disciplinary vehicle that would address the formidable challenges organised crime present.
There were various drafts of legislation that sought to create the DSO. The SAPS inter alia had certain constraints with regard to its capacity and credibility. Since the prosecution service was going to be an important element in the combat against organised crime, a decision was made to locate the DSO within the National Prosecuting Authority. The NPA Act was accordingly amended to create the DSO and to collapse in it various other directorates that were in place at the time.
The rationale for the establishment of the DSO, that is, to create a multidisciplinary structure using the troika principle as a methodology to address organised crime was precipitated by intolerable levels of crime.
Despite the indications that crime levels are dropping, it is my considered view that organised crime still presents a threat that needs to be addressed through a comprehensive strategy.
I am not persuaded that the rationale for the establishment of the DSO has since disappeared. The argument that the rationale no longer holds since the levels of crime are showing a decline is without substance. For this reason, it is my considered finding that the DSO still has a place in the government's law enforcement plan.
I am satisfied that all relevant stakeholders were convinced that a new strategy was necessary to arrest the corrosive impact that organised crime was having on the social and legal structure of the country. There was agreement across board that the law enforcement structures were at the time, inadequate to fully address the challenges presented by organised crime.
I am also satisfied that there was broad consensus that a new independent structure was necessary to launch a fresh and comprehensive answer to the challenges presented by organised crime. It is my recommendation that notwithstanding indications that organised crime is being addressed on a concerted basis, the rationale for the establishment of the DSO is as valid today as it was at conception.
The mandate of the DSO has to be seen within the relevant provisions of the Constitution of the Republic of South Africa Act of 1996 ("the Constitution") and the relevant Legislation. There is a need to refer to some legal authorities in addressing this particular aspect.
Section 179(1) of the Constitution provides for the establishment of a single national prosecuting authority consisting of a National Director of Public Prosecutions, who is the head of the prosecuting authority, and Directors of Public Prosecutions and prosecutors as determined in terms of legislation.
Section 179(2) of the Constitution determines that the prosecuting authority has the power to institute criminal proceedings on behalf of the state and to carry out any necessary functions incidental to instituting such proceedings.
The Constitution requires that national legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice (section 179(4). The National Director of Public Prosecutions is empowered to determine a prosecution policy which must be observed in the prosecution process, issue policy directives, intervene in the prosecution process when policy directives are not complied with and review a decision to prosecute or not to prosecute (section 179(5).
Section 2 of the NPA Act establishes a single National Prosecuting Authority as foreshadowed in section 179 of the Constitution.
The NPA Act establishes, in section 7 thereof, an Investigating Directorate formally known as the Directorate of Special Operations in the office of the National Director.
such other offences or categories of offences as determined by the President by proclamation in the Gazette.
The term "organised fashion", for purposes of section 7(1) (a) (aa), is defined in section 7(1) (b) of the NPA Act. It includes the planned, ongoing, continuous or repeated participation, involvement or engagement in at least two incidents of criminal or unlawful conduct that has the same or similar intents, results, accomplices, victims or methods of commission, or otherwise is related by distinguishing characteristics.
Section 28(1)(a) of the NPA Act provides that if the Investigating Director has reason to suspect that a specified offence has been or is being committed he or she may conduct an investigation on the matter. The Investigating Director shall also conduct an investigation on a matter if the National Director refers a matter in relation to the alleged commission or attempted commission of a specified offence to the Investigating Director in terms of subsection (1) (b). An investigating Director may extend an investigation under section 28(1) (a) or (b) to include any offence (whether it is a specified offence or not) if he or she considers it desirable to do so in the interest of the administration of justice or in the public interest and he or she suspects that such offence is connected with the subject of the investigation.
A specified offence is defined as any matter which in the opinion of the head of an Investigating Directorate falls within the range of matters as contemplated in section 7(1)(a)(iii)(aa) or any proclamation issued in terms of section 7(1)(a)(bb) or (1A) of the NPA Act.
Transitional arrangements relating to Investigating Directorates that existed prior to the establishment of the DSO are dealt with in section 43A and, among others, provides that any Investigating Directorate that existed prior to the establishment of the DSO shall cease to exist as a separate Investigating Directorate and become part of the DSO and the proclamation that has been issued in respect of a former Investigating Directorate shall be deemed to have been issued in respect of the DSO.
The President has issued no proclamation in terms of section 7(1) (a) (bb) of the NPA Act. However, a number of proclamations, which applied to Investigating Directorates that pre-dated the DSO, are in view of the provisions of section 43 A (2) deemed to have been issued in respect of the DSO.
the Investigating Directorate: Organised Crime and Public Safety was established on 16 October 1998 by the President in Gazette No. 19372 (Regulation No. 6318 of 16 October 1998). A number of offences were specified in the Schedule attached thereto.
on 4 December 1998 the President, under section 43(7) (c) of the Act, further specified certain categories of offences, by way of proclamation in Gazette No. 19579 (Regulation No. 6375 of 4 December 1998) in respect of the Investigating Directorate: Serious Economic Offences.
on 24 March 2000 the President, under section 7(1), read with section 7(2) of the Act, established an Investigating Directorate by way of proclamation in Gazette No. 20997 (Regulation No. 14 of 2000) to deal with offences relating to corruption.
The DSO may also, in addition, investigate any matter specified in an investigating directive issued in terms of section 23(3) of the Prevention and Combating of Corrupt Activities Act, 12 of 2004.
The powers and functions of Special Investigators are set out in section 30 of the NPA Act. Subsection (2) thereof provides that a Special Investigator has powers as are provided for in the Criminal Procedure Act, 1977, which are bestowed on a peace office or police officer, relating to the investigation of offences; the ascertainment of bodily features of an accused person; the entry and search of premises; the seizure and disposal of articles; the arrests; the execution of warrants; and the attendance of an accused person in court.
There were conflicting submissions relating to the legal mandate of the DSO. The DSO argued very strongly that the legislature was deliberate in describing the legislative mandate of the DSO as reflected in the Act. It pointed out that any circumscribed and tight legislative mandate would create more difficulties than it would offer solutions. It would, amongst others, offer criminal elements an opportunity to take on technical arguments that may frustrate prosecution of these cases at great cost to the State.
The DSO submitted that the SAPS contention in respect of section 199(1) of the Constitution was flawed. The DSO argued that the interpretation that section 199(1) of the Constitution conferred exclusive jurisdiction on the SAPS to deal with crime was not supported in both fact and law. To buttress its argument, it pointed to various agencies including customs and others who do "police work" when they investigate compliance for specific activities.
The SAPS submitted that it was necessary to view the mandate of the DSO against the general obligation of the SAPS to investigate all crime reported to the SAPS. According to the SAPS the mandate of the DSO is unclear, broad and unlimited. According to the SAPS the DSO's discretion to take cases, makes for a difficult evaluation of the relevant mandate. The SAPS was critical of the successes claimed by the DSO and submitted that these successes should be viewed against its ability to choose cases with a greater chance of successful prosecution. In addition, it was argued that the fact that police investigations were taken over by the DSO when the investigations were at an advanced stage contributed to the warped success statistics of the DSO. It also criticized the DSO for taking on cases with a high profile and for its media value selection criteria.
The SAPS argued that the provisions of section 199(1) of the Constitution made reference to a single police service. Relying on the use of the word "single" in the Constitution, the SAPS argued that the DSO was acting unconstitutionally where it purported to do police work particularly when the work it did included the investigation of serious organised crime.
The Institute for Security Studies ("ISS") submitted that the mandate of the DSO was of such nature that it guaranteed an overlap of mandates between the SAPS and the DSO. The ISS, however, did not view the congruence of mandates in an entirely negative light. It opined that any attempt to change the mandate of DSO would not present any solutions because the establishment of a prescriptive mandate would, according to the ISS, lead to procedural challenges in every case the DSO prosecuted. It pointed out that there were some benefits in overlapping mandates to the extent that competition could raise the quality of work done by both the DSO and SAPS.
The Foundation for Human Rights ("FHR") expressed the view that the provisions of the Act, which dealt with the mandate of the DSO, provided very little direction to the organisation. The FHR was of the view that a balance should be found between the open-ended statutory provision of the DSO and the need to address serious crime. It submitted that the mandate of the DSO should therefore be restricted to criminal activities that were the most threatening to society and focus not only on the crime but also the criminal.
Before dealing with the findings that are competent to make in this regard, it is useful to look at international trends and see the techniques that are used to manage this challenge.
The criminal justice system agencies in England and Wales consist, in the main, of the Home Office, the Lord Chancellor's Department, the Police, Crown Prosecution Service, the Serious Fraud Office and National Crime Squad. In addition, multi-disciplinary structures, primarily the Financial Service Authority, the Financial Fraud Investigation Network and the Serious Organised Crime Agency also exist.
The Home Office is the government department responsible for internal affairs and leads on criminal policy formulation. It has a specific aim of working closely with the Lord Chancellor's Department and the Crown Prosecution Service. It also oversees the Police, the Youth Justice Board, Prison and Probation Services and supports the work of the charity victim support.
The Lord Chancellor's Department is responsible for effective management of the courts and the appointment of Judges and Magistrates and other judicial office holders.
England and Wales do not have a national police force, but have a Police Force that comprises 43 (forty three) police forces responsible for the investigation of crime, collection of evidence and the arrest or detention of suspected offenders.
The Crown Prosecution Service ("CPS") is a government department responsible for prosecuting criminal cases investigated by the police in England and Wales. It is created by the Prosecution of Offences Act, 1985. It is an independent body that works closely with the police.
The head of the CPS is the Director of Public Prosecutions. The Director is appointed by the Attorney-General who is accountable to Parliament for the Service. The Service operates under a structure of 42 (forty two) geographical areas which correspond with the boundaries of the 43 (forty three) police forces.
In 1998 a review of the CPS proposed the bringing together of police and CPS in criminal justice units. This proposal was carried forward and colocation units were set up in which police and CPS staff worked together to prepare cases for prosecution thus reducing duplication and providing ready access to early legal advice for police investigators. By March 2002, 42 (forty two) of such units had been established.
The Serious Fraud Office ("SFO") deals with most major fraud cases. These are not prosecuted by the CPS but by the SFO, which specialises in such crime.
The SFO was established in 1988 by the Criminal Justice Act, 1987. It is a specialised agency with a specific mandate to address and reduce serious fraud and the cost of fraud. It has within it investigators and prosecutors who receive intelligence and work on that intelligence to make interventions that are required. They do not investigate crime per se but rather any person or persons involved in the commission of fraud.
The SFO is an agency with various disciplines within it. Not only does it have investigators and prosecutors, but it has people with specialised skills such as chartered forensic investigators. As a multi-disciplinary team, they co-operate and co-ordinate their effort through the Joint Vetting Committee ("JVC"). The JVC is composed of the CPS, Customs, Financial Services Authority, Revenue Services DTI, City of London Police, Metro Police Services and Asset Recovery Services. The function of the JVC is to receive intelligence and to make the determination with regard to which institution is best placed to do the investigation. The JVC would have meetings at senior level. The process is one agreed upon by the Ministers.
The SFO does not have police powers. The SFO is specifically mandated to interface with various law enforcement agencies and uses the police in arrests and customs officials in custom related investigations and revenue officials in cases that deal with such matters.
Financial Service Authority ("FSA") is another multidisciplinary structure in which intelligence is shared amongst Police, Intelligence Agencies, Home Affairs, SFO, National Crime Intelligence Services, National Crime Squad and various regulatory bodies. The FSA's role is to police the money-laundering regulations. The FSA has a wide range of powers of investigation, and an impressively creative series of sanctions available to it, ranging from withdrawal of authorisation through to unlimited fines, public censure, injunctions, restitution, prohibition orders and banning orders. The Department of Trade and Industry, in its policing of the company sector, can apply for the winding up of a company, and has authority to bring disqualification proceedings. The revenue departments are able to exact harsh financial penalties for revenue fraud.
The Financial Fraud Investigation Network has within it Prosecutors, Chartered Accountants and the Police who would retain their own management line structures. The solution of the work they do is to set up a team headed by a Case Controller who would be a Senior Lawyer who would be responsible for directing the prosecution of the case which is based on the Code for Crown Prosecutors.
The team under this scheme would comprise the case controller, financial investigators, chartered and forensic accountants, forensic computer and IT experts, administrative staff, researchers, etcetera. They would devise the investigation plan and meet regularly to look at the case, keep minutes of the developments in that case and record any decisions that are made. Attached to that are police officers who do the police work. These investigators and prosecutors work together from the earliest stages of the investigation right through to sentence and also to confiscation proceedings. Where there is a problem about the decision taken by the case controller the matter is referred to the Director whose decision is final.
From 1 April 2006 a new agency, known as the Serious Organised Crime Agency will come into operation bringing together the National Crime Squad, the National Criminal Intelligence Service, the Home Office's responsibilities for organised immigration crime and the investigation and intelligence responsibilities of HM Customs and Excise in tackling serious drug trafficking and recovering related criminal assets. It will comprise approximately 4500 (four thousand five hundred) staff, be intelligence-led, and have as its core objective to reduce the harm caused to the United Kingdom by organised crime, including the trafficking of drugs and people.
The United States of America also offers useful guides in this regard. The powers of the Federal Bureau of Investigations ("the FBI") are derived from congressional statutes. The FBI's mandate is the broadest of all federal investigative agencies. The mandate authorises the FBI to investigate all federal criminal violations that have not been specifically assigned by a congress to another federal agency.
Title 28 United States Code, section 533 authorises the Attorney-General to appoint officials to detect and prosecute crimes against the United States.
Title 18 United States Code, section 3052 specifically authorises special agents and officials of the FBI to make arrests, carry firearms and serve warrants.
Title 18 United States Code, section 3107 empowers special agents and officials to make seizure under warrant for violation of federal statutes.
Title 28 Code of Federal Regulations, among others, outlines the investigative and other responsibilities of the FBI including the collection of finger print card and identification records.
Investigations by the FBI are conducted within the Attorney-General's guidelines, which pertain to racketeering enterprises, general criminal investigations, undercover operations, criminal informant matters, extra territorial investigations and domestic security/terrorism matters. The guidelines afford centralised direction, which allows for greater uniformity and control of a national and international law enforcement effort.
A significant number of FBI investigations are conducted in concert with other law enforcement agencies or as part of joint task forces. The philosophy emphasises close relations and information sharing with other federal, state, local and foreign law enforcement and intelligence agencies.
The FBI asserts that the most effective means of combating drug trafficking is to use the enterprise theory of investigation, which focuses investigations and prosecutions on an entire criminal enterprises rather than on an individual. Through this process all aspects of criminal operations can be identified. This supports not only the prosecution of the criminal enterprise, but also the seizure of the enterprises' assets and is intended to disrupt or dismantle entire criminal organisations.
With regards to local and federal mandate, state and local law enforcement agencies are not subordinate to the FBI, and the FBI does not supervise or usurp the investigations. Through co-operation the investigative resources of the FBI and state and local agencies are often pooled in a common effort to investigate and solve cases.
Subsequent to an investigation, the information and evidence gathered in the course thereof is presented to the appropriate US Attorney or Department of Justice official who will determine whether or not to prosecute or further action is warranted. Although the FBI is responsible for investigating possible violations of federal law, the FBI does not give an opinion or decide if an individual will be prosecuted. The federal prosecutors employed by the Department of Justice or the US Attorney's offices are responsible for making this decision and for conducting the prosecution case.
In its fight against organised crime, particularly international organised crime, the FBI uses a variety of laws, asset forfeitures, statutes and sophisticated investigative techniques in its domestic and international cases.
An example that is useful in Africa is, amongst others, to be found in Ghana. In 1993 the government of Ghana established in terms of the Serious Fraud Act, 446 of 1993, a specialised agency called the Serious Fraud Office with power to monitor, investigate and on authority of the Attorney-General, to prosecute any offence involving serious financial or economic loss to the State. Section 11 of the Act gives all directors of the Serious Fraud Office namely, the executive director, the deputy executive director and any officer of the Serious Fraud Office authorised by the Director all powers and immunities conferred on the police.
India, also offers, useful insight on this matter. In July 2002 the Serious Fraud Investigation Office was established in India as an independent office in the Ministry of Company Affairs to professionally investigate financial fraud of a serious nature. It presently functions within the existing provisions of the Companies Act, 1956.
The Director of the organisation has been empowered to take a view whether or not an investigation should be taken up by the organisation.
the possibility of investigation leading to or contributing towards a clear improvement is systems, laws and procedures.
A co-ordinating committee has been set up to review the decisions of investigation taken by the Director and to provide inter-departmental and inter-agency co-ordination and co-operation.
New Zealand is another example that has sought to address organised crime in a particular way.
any relevant public interest consideration.
The Director has full discretion in the selection of cases. His powers are delegated to investigative staff who conducts investigations on his behalf. He acts independently and is not responsible to the Attorney-General. The office utilises a panel of prosecutors from outside of the office who act as lead counsel in defended matters.
The argument that the legal mandate of the DSO to investigate and prosecute serious organised crime is unconstitutional within the meaning of section 199(1) of the Constitution is without merit. It is clear from the reading of the constitutional judgment in the Minister of Defence v Potsane 2002 (1) SA 1 (CC), at p.14, para 26 that the meaning of "single" used in the relevant section conveys no more than the fact that various police forces that used to form part of the "independent" homelands such as the Transkei, Bophuthatswana, Venda and Ciskei ("TBVC") would be amalgamated into one single police force. The word "single" does not therefore connote "exclusive".
The argument that the DSO is a police force within the meaning of section 199(1) of the Constitution where it has the legislative competence to investigate and prosecute matters referred to in section 7 of the NPA Act is also without merit. It is evident that most regulatory authorities have the statutory powers to investigate non-compliance and violations relevant to their area. This, in itself, would not, in my view, qualify these regulatory structures to be police forces within the meaning of the provisions of section 199(1) of the Constitution.
I accept that the legislature intentionally drafted the legal mandate of the DSO to be wide. In my view, this was prudent having regard to the rationale behind the establishment of the DSO and the findings made in relation to this term of reference. For instance, it is unarguable that organised crime syndicates are not only pervasive but are highly sophisticated and advanced and command huge financial resources; they are therefore able to mount heavyweight legal defences with a view to resisting prosecutions and/or convictions. An overly prescriptive legal mandate would render itself open to constant jurisdictional attacks and frustrate the objective for which the DSO was established.
I am satisfied that there is nothing unconstitutional in the DSO sharing a mandate with the SAPS. Should government considers it appropriate to discharge its agenda within the legal framework as now pertains, it can certainly do so provided that such action is not inconsistent with the Constitution. The legal mandate of the DSO is sufficiently wide to avoid technical arguments that may arise if the mandate was too narrowly defined.
I am also satisfied that there is nothing unconstitutional in having a structure such as the DSO located under the prosecutorial authority. There appears no legal impediment in having a structure such as the DSO with all the disciplines that it has falling under one ministry. Elsewhere in this report I propose a possible de-confliction mechanism.
As international trends demonstrate, there are various strategies that can be deployed in dealing with overlapping mandates. The Serious Organised Crime and Police Act establishing the Serious Organised Crime Agency ("SOCA") has, as one of its provisions, that SOCA would only have the power in respect of serious fraud where the serious fraud office declines to act in relation to it. It is evident that using this strategy, it is possible to assign the authority of one agency to trigger the right of the other agency to act where the jurisdictional facts are present.
The other de-confliction provision in relation to the work of SOCA is to require the agreement of the Commissioners where the investigation and prosecution relates to matters that involve revenue fraud. It is evident that this type of offence would bring into play the powers and competences of the customs office and the revenue office. In this regard, SOCA is enjoined by Statute to tackle these aspects only with the agreement of the Commissioners.
There is nothing impermissible in law to draft the legal mandate of the DSO to be as broad as it appears in the NPA Act. It is also permissible to have the DSO share the mandate to tackle organised crime with the SAPS. The formidable challenge lies in the proper management of tensions and conflicts that may arise from a shared mandate.
The nature of tensions germane to mandates that overlap suggests that apart from a ministerial structure which would be useful to determine policy directions, it would still be important to establish a committee with relevant individuals at the appropriate levels of authority who are able to deal with the day-to-day operational issues that are likely to arise and with sufficient mandate to resolve those.
I deal with possible solutions to address complications that may arise from a shared mandate elsewhere in the report.
The implementation of the mandate of the DSO has at times raised concerns. The evidence and the argument tendered before the Commission, reveal that the implementation of the legal mandate was not entirely satisfactory.
The NPA Act has made provision for the establishment of the Ministerial Co-ordinating Committee ("MCC") which is intended to address a number of issues relating to the functioning of the DSO (scope of its operations).
The first responsibility of the MCC is to determine policy guidelines in respect of the functioning of the DSO. In this respect, the legislature must have intended to have the MCC determine the policy guidelines whose theme would have, amongst others, dealt with the interrelationship of the DSO with other law enforcement agencies.
It is notable that the MCC's composition comprises the cabinet members responsible for the Administration of Justice (Chairperson), Correctional Services, Defence, Intelligence Services, Safety and Security and any other Cabinet members designated from time to time by the President.
Its composition lends strong support for the view that the legislature intended the Ministries constituting the safety and security cluster to resolve all envisaged policy related issues in order to facilitate the operational activities of the DSO vis-a-vis the other law enforcement agencies.
The other function of the MCC is to determine procedure and to coordinate the activities of the DSO and other relevant government institutions including the procedures for the communication and transfer of information regarding matters falling within the operational scope of the DSO in such institutions; and the transfer of investigations to and from the DSO in such institutions; and where necessary, the responsibility of the DSO in respect of specific matters; and the further procedures to be followed for the referral or assigning of any investigation to the DSO.
The evidence demonstrates that the MCC did not meet from the time of the promulgation of the NPA Act in 2001 until May 2004. The only evidence presented to the Commission related to the minutes of the MCC on 1 and 8 June; 3 August; 3 and 9 November and 9 December 2004. It is safe to conclude that the MCC only met after the current Minister for Justice and Constitutional Development took office. Further, a closer reading of the minutes, save for those relating to 8 June 2004 and 3 and 9 November 2004 respectively, is liable to cause obfuscation whether such meetings were those of the MCC, stricto sensu, as contemplated in section 31(2) of the NPA Act. This is principally because the contents of the minutes indicate matters that would not necessarily fall within the ambit of matters referred to in the relevant section.
During the Commission's hearings, the head of the DSO as well as the NDPP indicated an intention to be part of a process that would table a working programme for consideration by the Commission. The DSO, in response to the Commission's request proposed the establishment of an operational structure with the objectives to: enhance operational cooperation between the relevant stakeholders; to ameliorate and facilitate communication and co-ordination and to provide a framework for the sharing of information with the Head of the DSO chairing such a body.
The DSO proposed that the composition of the structure should include the head of detectives and crime intelligence (SAPS); the head of operations (NIA); and the head of the DSO.
The proposed powers, duties and functions of the structure would be to recommend the policy guidelines and procedures referred to in section 31(1)(a), (b) and (c) of the NPA Act to the Committee of Directors General for its consideration and to make the necessary proposals to the MCC for its consideration and approval; to propose, for consideration and approval by the said Committee of Directors General and the MCC, the responsibilities of the DSO in respect of specific matters as contemplated in section 31(1)(c)(i) of the NPA Act; and to implement the decisions and guidelines of the MCC and any directives of the Committee of Directors General.
"(i) Such prosecutors of the DSO, who are willing to be seconded to the SAPS on a two to three years basis, can be seconded with the approval of the National Commissioner and the National Prosecuting Authority to the SAPS, to be assigned to Units dealing with priority crimes, to act in an advisory capacity. This will mean that as seconded members they will not be prosecutors, but be able to "service" those units with advice, which will enhance court-directed investigations. As the secondment will be temporary only, it will not have a negative impact on the career path of those prosecutors. Once they return to the NPA, they will have a better understanding of investigative dynamics, whilst there will also be a transfer of their knowledge and expertise whilst serving with the said Units. If this secondment is done on a rational basis with other prosecutors, it will have a benefit for both the SAPS and the NPA.
All cases that are presently being investigated by the DSO could be continued under SAPS command, with DSO investigators and prosecutors working on above basis with the investigation, until completion thereof.
Prosecutors of the DSO who do not want to be seconded to the SAPS as set out above, could be deployed by the NPA to Offices of the Directors of Public Prosecutions, where they can serve to work closely with investigators in priority crime investigations, on the same basis as the Serious Economic Offences Unit, at the Commercial Crime Courts. They could even be re-located, but operate in a fashion, which will ensure the independence of both the prosecutor and the investigator and with a view to do the prosecution themselves.
In the further alternative, the SAPS proposed that the DSO should be retained at its current location subject to certain conditions set out in their submission of 7 November 2005.
To the extent necessary, I am satisfied that the MCC convened its meetings from June 2004. It is regrettable that the Commission was not favoured with a plausible explanation why the Ministerial Co-ordinating Committee ostensibly did not properly discharge its responsibility under the Act. It still remains an important legislative injunction that the MCC exercise its powers and properly perform its functions in terms of the Act. The difficulties of the different law enforcement agencies that are dealt with in this report may have possibly been averted or mitigated had the policies and procedures been put in place as required by section 31 of the NPA Act.
The fact that there was no co-ordinated relationship with the SAPS also hindered the smooth implementation of the legal mandate of the DSO. The situation was not assisted by the difficult relationships of the top officials of these institutions.
It is common cause that there is resistance by both DSO investigators and prosecutors to relocate to the SAPS. Whilst this may be within their right to do so, it remains a conduct that raises legal eyebrows as it is suggestive of a lack of shared objective amongst officials of the law enforcement agencies to perform their functions in fighting crime irrespective of where one's particular institution is located.
The scathing criticisms levelled at the DSO cannot be shrugged off easily. The manner in which the legal mandate of the DSO has been implemented does afford the DSO the unfair advantage of case selection for its investigation. It is an act which, in itself, causes conflict and tensions between the DSO and the SAPS.
The legislature, in establishing the DSO and granting it the mandate which is shared with the SAPS, was fully appreciative of the potential conflict such mandate would generate and therefore created the MCC as presently composed in terms of section 31 of the Act. However, in my view, the structure of the MCC is inadequate to fully address the daily operational difficulties that may arise intermittently.
The challenges that are presented by the concurrence of the mandate of the DSO as well as that of the SAPS have been comprehensively dealt with in the evidence. They include the dislocation in communication as well as absence of agreement in relation to which agency will be responsible for which investigation. The view of the ISS which, in my view is correct and is relied upon by the DSO, is that the MCC's function was intended to resolve such operational conflicts and it was contemplated that it would determine, in the event such conflicts arose, which institutions would be responsible for what matters.
The DSO and the SAPS share a legal mandate in respect of the investigation of serious organised crime. This phenomenon is not unique to the DSO and the SAPS. There are numerous examples in foreign jurisdictions where the strategies relating to specific crimes overlap. There are useful techniques that can be employed in the resolution of such tensions.
The institutional tensions that are explained by the personalities that head these institutions are regrettable in the extreme. Drastic yet propitious measures need to be taken to ensure that the constitutional duties and functions of these structures serve the purpose for which the legislature has created and entrusted on them. It may be necessary for the president and or parliament to mete out a reprimand as a mark of displeasure, for the poignant conduct displayed by those heading these profoundly significant institutions.
It is undesirable that the DSO and its sister law enforcement agencies adopt a competitive relationship towards each other. My understanding of the responsibility of the executive arm of government is to have a common purpose in the enforcement of the laws of the nation.
I am mindful of the myriad of problems comprehensively dealt with by other submitters, with regard to the shared mandate (DSO - SAPS) and the conflicts and further potential conflicts that the shared mandate presents. Notwithstanding, I hold the view that tinkering with the legal mandate of the DSO is not likely to fundamentally eliminate these problems.
It is, in my view, evident that even with a functional MCC; a structural lacuna would still exist between the operations of the MCC and the dayto day activities of the DSO. The nature of tensions associated with mandates that overlap suggests that apart from a ministerial structure which would be useful to determine policy directions, it would still be important to establish a sub- committee with relevant individuals at the appropriate levels of authority who are able to deal with the day-to-day issues that arise and who would be empowered by the MCC, with sufficient mandate to resolve these issues.
I am persuaded by the submissions of the SAPS and the DSO that a structure below the MCC would be an important instrument to create. Such a structure may be referred to as the Multidisciplinary Vetting Structure "the MVS" or the Operational Committee as suggested by the parties. The introduction of such a structure can effectively address the challenges that currently exist.
It is recommended that the MVS should be composed of the National Commissioner of SAPS (as the convenor), the Directors General of NIA and the South African Secret Service ("SASS"), the Head of the DSO, the representative of the SANDF, the representative of the Correctional Service, a representative from the financial sector, such as FIS and a representative from civil society appointed jointly by the Minster for Justice and Constitutional Development and the Minister of safety and security.
The MVS should have the power to deal with matters such as: any abuse of power by the DSO (matters relating to public announcement of the work that the DSO does, at times borders on undermining the fundamental rights of the entities or individuals that are a subject matter of its investigations), and generally ensure that the DSO conduct its activities in compliance with the Constitution (this would exclude the veto power of the NDPP which is constitutionally unassailable.
The functions of the MVS would include matters such as enhancing the operational co-operation and coordination between the relevant stakeholders, facilitating inter-agency communication and to provide a framework for the sharing of information and developing and managing cross functional hi-tech, hi-skill capacity that is relatively localised to tackle organised crime.
In addition to the responsibilities described above, the MVS may have such powers to recommend policy guidelines and procedures referred to in section 31(1)(a),(b) and (c) of the NPA Act for consideration by the MCC; implement the decisions and guidelines of the MCC; to advise the MCC regarding the determination of offences or categories of offences to be proclaimed by the President in terms of section 7(1)(a)(iii)(bb) of the NPA Act; to authorise joint task teams in the investigation and prosecution of specific matters thereby heightening law enforcement impact. Further and more importantly, to refer the cases to be investigated and prosecuted by the DSO.
As international trends demonstrate, there are various strategies that can be deployed in dealing with overlapping mandates. The one avenue open is to look into a deadlock breaking mechanism. For instance, the DSO may have jurisdiction to conduct investigation and prosecution only of those cases that are referred to it by the MVS. All cases defined in the mandate of the DSO under the current legal regime would first have to be referred to the MVS for consideration and allocation. This process would confer immense powers on the MVS. There would therefore be a need, in due course, to legislatively strengthen the MVS to do such work and to review the work of the two agencies in respect of organised crime.
Furthermore, the anomaly is that whereas the Independent Complaints Directorate ("ICD") has the statutory responsibility to investigate complaints against members of SAPS, it does not have jurisdiction relating to the investigative component of the DSO whose members fundamentally do the same type of work as the SAPS. It may very well be that the ICD does not have authority to pronounce itself on the prosecuting element of the DSO without interfering with the constitutionally protected independence of the prosecutor within the DSO. However, it is recommended that the mandate of the ICD should cover the investigative component of the DSO.
In order to contain the conduct of the DSO within its legal mandate in the conduct of its day to day activities, the MVS may be better placed to monitor, review and report on the functions of the DSO to the MCC with particular reference to its conduct in the execution of its duties.
More significantly, a de-confliction mechanism may be that the President exercises one of his constitutional powers. The Minister for Justice and Constitutional Development has identified the relationship between the DSO and that of the SAPS to have irretrievably broken down. The reasons for the breakdown are not as important as the viable solution to that problem.
It is recommended that the President exercise the powers conferred on him by section 97(b) of the Constitution to harmonise this problem. Section 97(b) provides that the President may transfer to a member of the cabinet, any power or function entrusted by legislation to another member. With the exercise of this power the President may confer political oversight and responsibility of the law enforcement component of the DSO to the Minister of Safety and Security. Prosecutors, who work for the DSO, will continue to receive instructions and be accountable to the NDPP. The NDPP in turn will as currently provided, account to the Minister for Justice and Constitutional Development.
Thus it is my considered recommendation that the responsibility for the DSO should be placed on two cabinet ministers, namely the Minister for Justice and Constitutional Development and the Minister of Safety and Security. It is hoped that the aforesaid recommendation will facilitate cooperation between the two ministries in the functions of the DSO.
The head of the DSO is a Deputy National Director, assigned by the NDPP and he or she performs the powers, duties and functions of the DSO subject to the control and directions of the NDPP.
The head of the DSO is assisted in the exercise of his or her powers and the performance of his or her functions by one or more investigating directors and one or more deputy directors and special investigators. These officials perform their powers, duties and functions subject to the control and direction of the NDPP.
A special investigator exercises and performs his or her powers, duties and functions subject to the control and direction of the head of the DSO and he or she must obey all lawful directions which he or she may from time to time receive from a person having the authority to give such direction.
In terms of Section 36(3) (A) and (b) of the NPA Act, the Chief Executive Officer is the accounting officer of the DSO. He or she must, subject to the PFMA account for money received or paid out for or on behalf of the administration and functioning of the DSO and cause the necessary accounting and other related records to be kept.
The DSO has, as one of its components or units, the Programme Management Office ("PMO") which has been tasked with the running of a simplified management reporting system covering the regional offices and as well as for the management of the authorised projects. In addition, the PMO must assist head office to be able to plan, schedule and monitor projects.
The personnel of the PMO have a responsibility to ensure that projects are registered in one data collection point, applications for projects to be investigated are to be made in the prescribed form.
The PMO must further manage the confidential fund of the DSO as well as its sources and agents and obtain proper reports of authorised projects and also render advice to the investigating director or head of the DSO.
The DSO has an annual budget allocated to it and such budget is planned by the DSO. It has centralised budget items which includes the payment of consultant fees, specialised equipment, witness fees and secret funds for servicing operations.
There is also a commitment to control the budget and savings measures on the use of cellular phones, travel and entertainment. As a result, entries are required to be made in journals as proof of such expenditures. In order to ensure compliance, all gifts are required to be registered in the gifts register, financial disclosure of any extra income is also required to be made.
The investigations by the DSO are conducted in accordance with an investigation plan and the regional offices are required to provide human resources, finance, logistics and procurement services to all the people in those regions. That means there is a documented system of doing things, so that if a member of one of the various units is to travel from Pretoria to Cape Town to see a source, there should be a motivation for that.
Each of all the regional offices has a head of the office. He or she will be supported by deputy directors, chief investigating officers, project managers, case managers and corporate managers. The DSO have a strategic plan which sets out what it needs or it wants to do or achieve in a particular year, how is it going to achieve it and what its targets are and how they are to be achieved.
Each office will have a functional plan and in its functional plan it describes how it is going to make its contribution. That particular office will be measured by that plan, whether it succeeds or not. The DSO also has a performance management system whereby all the members of the DSO are performance managed every year.
In relation to its finances, the DSO's head further states that all major expenditures exceeding the amount of R100 000.00 must go out on tender.
Internal amounts below R100 000.00 are procured internally by the DSO's supply chain management office where three codes are required to be submitted before one of the codes could be accepted.
Being a business unit within the NPA the DSO, accounts to the NPA's executive committee for its finances.
The DSO submitted that the NDPP and the DSO exercises internal control over the powers, duties and functions of the DSO. This internal control is exercised through the decisions of the executive committee of the NPA and the NPA's internal policies, procedures, guidelines, circulars and directives.
In this regard the NPA drafted a policy manual, which is intended to provide a framework of guidelines to its employees, including employees of the DSO.
As a compliment to or in addition to the policy manual, the DSO also developed its internal policies and procedures.
The DSO's finances are audited by the Auditor General who also audits the DSO's confidential funds and its financial statements.
The systems for management and control appear to be coherent and proper, save that the NDPP has not strictly complied with the provisions of section 19B of the NPA Act in that some of the special investigators of the DSO have been appointed as such without any security screening investigation by the NIA as provided for in the NPA Act. The NDPP's failure to perform his functions and discharge his obligation in this regard may have exposed the DSO to some security risk and/or to conduct prejudicial to the objectives of the DSO.
The Auditor General ensures sound management systems and controls, together with ensuring compliance with, inter-alia, the Public Finance Management Act ("PFMA").
There was, in particular, a disturbing complaint that some of the members of the DSO have not been vetted by the NIA as is required by law. The evidence of the head of the DSO although conceding to such non-compliance nevertheless sought to explain how it came about. His evidence that everything required under law to ensure that its operatives are properly vetted was done was, in my view, unconvincing. There can be little debate that the practice is unacceptable and may ultimately prove to undermine the security of the state. I therefore find that the DSO has not complied with the provisions of section 19B of the NPA Act. That duty, stricto sensu lies squarely on the shoulders of the National Director and not on the head of the DSO.
Section 19B of the NPA Act requires that persons who perform their functions in the DSO, as special investigators, must undergo security screening so as to protect the nature of the information that they may come across in the discharge of their functions. The National Director is enjoined not to appoint any special investigator without evaluating information gathered from the security screening by the NIA.
Moreover the National Director is required in terms of this provision to subject those appointed as special investigators to further security screening from time to time. The evidence shows that some special investigators have been appointed without compliance with this requirement. Neither the National Director nor the Head of the DSO could proffer the exact numbers in this regard. That notwithstanding, there is an unenviable danger that is posed by such special investigators not vetted in that they might act and may well have acted in a manner prejudicial to the objectives of the DSO and/or might be a security risk. There must be full compliance with the provisions of section 19B.
The NDPP should in the circumstances be strongly reprimanded for his failure to adhere and monitor further adherence to this prescript. I further recommend that urgent appropriate reconciliation be undertaken by the NDPP to establish those special investigators whose appointments do not comply with the provisions of the Act and that the NDPP take remedial action in regard thereto. In view of the obfuscating evidence regarding the Nap's compliance with sub sections 19B (3) and (4) respectively, it may be apposite to further recommend that requisite proof to the satisfaction of the Director General- NIA, the National Commissioner-SAPS and the Minister for Justice and Constitutional Development be produced by the NDPP within a period to be determined by the President.
The risk sought to be covered by the provisions of this section must extend to external contractors who equally come to consider the information sought to be protected under this section. They too, must, in the future be submitted to similar security screening as provided in terms of section 19B. Resultantly I would therefore recommend that the NPA Act be amended accordingly. Legislative amendment should facilitate this end.
Although the NPA Act is silent on the security screening of the Investigating Director, the Heads of the DSO regions and Senior Investigators, there is in my view, no plausible reason I could fathom why the risk sought to be covered by section 19B should only be limited to special investigators.
There was evidence pointing to the fact that the DSO has liaisons with foreign law enforcement and intelligence structures. If nothing else, this illustrates the dangers that lie in the conduct of the DSO stretching its "information gathering" mandate to include "intelligence".
There was evidence suggesting that the DSO, in the discharge of its legislative mandate, does so through the use of private sector entities which are thereby likely to come into contact with sensitive intelligence. Whereas the DSO would be competent in terms of section 38 of the NPA Act, to solicit such private sector capability, where necessary, such a competence is one that must be exercised within the parameters of the law. I am of the firm view that whenever the DSO engages private sector entities to assist it in performing its duties, it must have such entities properly vetted by the NIA.
It is recommended that the NDPP take immediate steps to ensure that the DSO is compliant with the provisions of section 19B of the NPA Act.
When the law requires that specific categories of personnel within the DSO must undergo security clearance, by NIA, it is the responsibility of the DSO to respect that legislative injunction. It is unacceptable that the DSO would expose matters of national security envisaged by the NPA Act to people who have not been properly accredited to handle such information.
I therefore recommend that the relevant legislation be amended to provide a wider category of DSO personnel for security vetting, namely Special Investigators; Senior Investigators; Regional Heads and persons engaged from the private sector entities.
The Head of the DSO testified before the Commission that the DSO's official channel of communication is limited to the National Director of Public Prosecutions, the head of the DSO, the Investigating Director and the official spokesperson of the DSO. This policy is set out in a communication directive.
The circular was issued in January 2004. In a recent instruction by the NDPP, the DSO's communication is limited to the above-named four persons.
The Reverend Chikane of the Office of the Presidency posits that some of the reasons that have been advanced for the poor relations between the SAPS and the DSO are that, among others, the DSO failed to satisfactorily investigate and stop the constant leakages of information to the media from within its ranks.
In response to the question put to both the National Director of Public Prosecutions and the Head of the DSO, it was admitted that there were indeed some breaches of communication from within the ranks of the DSO.
The NDPP referred to two instances where an internal investigation was authorised. This was in an attempt to deal with the problems of leakages of information to the media. The Head of the DSO also admitted that there were unwarranted disclosures that were made from within their ranks. His view on the matter was that there should have been no disclosures prior to the accused appearing in court except in exceptional circumstances. He further testified that there are three circulars drawn by the DSO which explains what the DSO expects from its employees. The Commission was favoured with reports addressing this aspect.
As a result of the need to keep internal communication on a sound footing between senior management and its employees or staff, a workplace forum has been established within the DSO. It was emphasised that the forum is not a union, but simply a work place forum where people can responsibly raise issues they may have with management.
The employees are issued with a monthly circular and the management meets every two months to check whether it is achieving its business targets. The written submissions of the DSO in this regard do not offer much assistance except to state that what applies to the NPA's office also applies to the DSO.
There has been a myriad of public complaints relating to the leaking of information by the DSO that causes prejudice or embarrassment to those who are the subject matter of the investigations. I accept the legitimacy and validity of this complaint.
The improper media sensation associated with the investigation and/or arrest of some individuals resulting from the leaks in the DSO may open a practise that is inconsistent with the right to a fair trial guaranteed under section 35 of the Constitution.
The head of the DSO admitted, in evidence, that the public disclosure of the work they do is a subject matter that requires caution, I agree.
The DSO in its afore-stated conduct does not seem to have acted properly and lawfully in exercising its powers and has failed to construe those powers in the light and spirit, purport and object of the Bill of Rights. It cannot be overemphasized that the Bill of Rights is the cornerstone of our democracy that enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. An effective and efficient law enforcement agency is required to respect these rights as it constitutes one of the essential foundations of a democratic society.
Furthermore, I find that there is merit in the concern raised in evidence relating to the alleged abuse by the DSO with regard to the manner in which it publicises its work in the media. This alleged conduct has attracted public criticism against the DSO of being "FBI style", meaning that the DSO conducts its operations as though it were a law unto itself. There is indeed merit to this complaint. There is an urgent need for the DSO to desist from publicising the subject matter of its investigations. There is a potential for prejudice being suffered by persons under investigation. Conduct of this nature points to a possible violation of the rights and freedoms protected under the Bill of Rights. It cannot be emphasized that the DSO must punctiliously perform its work within the limits of the law without attracting undue publicity. The DSO sting ought to be in its efficiency and professionalism in the execution of its mandate (investigations/ prosecutions) and not in the publication of its contemplated investigation and/or prosecution.
There was, in my view, no plausible reason furnished for this invidious conduct on the part of the DSO, which is to be frowned upon. The head of the scorpions, Mr McCarthy, was at pains trying to persuade me that this issue was a subject of an ongoing focused internal "sensitive inquiry". Having regard to the sensitive nature of that inquiry, it suffices to note that this seems to be an inveterate practice. I venture to opine that I find such conduct to be out of kilter with our constitution, reprehensible, unprofessional and corroding the public's confidence in the law enforcement agencies.
I am convinced that the DSO will, in conducting itself within the parameters of the law, still continue to enjoy the public confidence that is shown towards its work and the efficiency with which it constantly strives for, in the execution of its mandate. I believe that the public confidence will not be eroded but will be enhanced when the DSO does its work within professional ethics and in harmony with the fundamental rights guaranteed in the Constitution and the Bill of Rights.
It cannot be overemphasised that the DSO as a law enforcement agency and an organ of state is constitutionally bound to act within the law. It is enjoined by the Bill of Rights to respect the rights of every person including those who may fall within its target (sting) of investigation or prosecution.
The DSO needs to discharge its responsibilities within the parameters of the Constitution and with due regard to the Bill of Rights.
I recommend therefore that the NDPP pays close attention to how the DSO executes its mandate. Further, should the recommendation relating to the creation of the MVS find favour, such a structure would ensure that the DSO is in full compliance with its obligations under the law.
In terms of section 33 of the NPA Act read with section 179(6) of the Constitution, the Minister for Justice and Constitutional Development exercises final responsibility over the prosecuting authority.
arrange meetings between the Minister and members of the prosecuting authority.
In terms of Section 38 of the NPA Act, if the DSO is to obtain the services of an external professional it can only do so with the concurrence of the Minister to whom it must explain or motivate as to why such external professional should be appointed for the services sought to be rendered to the DSO. Notably, the section inter alia empowers the Minister to exercise some measure of control over the engagement of consultants by the DSO and the financial implications of such appointments.
Section 35(1) of the NPA Act provides that the prosecuting authority shall be accountable to Parliament in respect of its powers, functions and duties under this Act, including decisions regarding the institution of prosecution. In terms of section 35 (2) (a), the National Director must submit an annual report referred to in Section 24(g) to the Minister, which report must be tabled in parliament by the Minister within 14 days.
Section 36 of the NPA Act makes provision for the expenditure of the prosecuting authority. Subsection 36 (3) provides that subject to subsection (3A), the Director General: Justice shall, subject to the PFMA be charged with the responsibility of accounting for state monies received or paid out for or on account of the prosecuting authority; and cause the necessary accounting and other related reports to be kept.
In terms of section 3A of the NPA Act the Minister must appoint a fit and proper person as the Chief Executive Officer of the DSO; appoint the CEO who is to be the accounting officer of the DSO. These functions are exercised by the CEO subject to the PFMA who must account for money received or paid out for or on behalf of the administration and functioning of the Directorate of Special Operations and cause the necessary accounting and other related records to be kept.
The records referred to in subsection (3) (b) and (3A) (b) of the NPA Act shall be audited by the Auditor-General.
Chapter 11 of the Constitution provides for, amongst others, the establishment, structuring and conduct of the security services of the Republic. Section 199(1) of the Constitution stipulates that the security services of the Republic consist of a single defence force, a single police service and any intelligence services established in terms of the Constitution.
The Republic's national intelligence structures consist of the National Intelligence Co-ordinating Committee ("NICOC"), the intelligence division of the National Defence Force, the intelligence division of the South African Police Service, the National Intelligence Agency ("NIA") and the South African Secret Service.
Sections 209 and 210 of the Constitution provide for the establishment and control of intelligence services and the powers, functions and monitoring of the intelligence services, respectively. Section 210 of the Constitution provides for national legislation to regulate the objects, powers and functions of the intelligence services, including any intelligence division of the defence force or police service providing for the co-ordination of all intelligence services and civilian monitoring of the activities of those services by an inspector appointed by the President.
Section 4 of the National Strategic Intelligence Act, 39 of 1994, establishes the NICOC consisting of the Co-ordinator for intelligence (appointed by the President); the Director-General of the Agency; the Director-General of the Service; the chief of the intelligence division of the National Defence Force and the head of the intelligence division of the Police Service.
The functions of NICOC are, among others, to co-ordinate intelligence supplied by members of NICOC, the detection and identification of any threat to National Security and the promotion and protection of any national interests of the Republic. The purpose of the functions being to co-ordinate and prioritise intelligence activities within the intelligence structures.
The Intelligence Services Oversight Act, 40 of 1994 ("the Oversight Act"), provides for the establishment of the Joint Standing Committee on Intelligence ("JSCI") which performs the parliamentary oversight functions in relation to the intelligence and counter-intelligence functions of the services.
In terms of section 7 of the Oversight Act, the President is empowered to appoint an Inspector-General of Intelligence whose functions are in relation to the services, amongst others, to monitor compliance by any intelligence service under the Constitution, applicable laws and relevant policies on intelligence. It also reviews the intelligence and counterintelligence activities of any service.
The crime intelligence mandate of the SAPS is to gather, correlate, evaluate, co-ordinate and use crime intelligence in support of the objects of the South African Police Service as contemplated in section 205(3) of the Constitution; to institute counter-intelligence measures within the South African Police Service and to supply crime intelligence relating to national strategic intelligence to NICOC.
The National Intelligence Agency is established in terms of section 3 of the Intelligence Services Act, 38 of 1994, the Agency continues to exist in terms of section 3 of the Intelligence Services Act 65 of 2002.
The mandate/functions of the NIA are set out in section 2(1) of the National Strategic Intelligence Act 39 of 1994. These are, among others, to gather, correlate, evaluate and analyse domestic intelligence, in order to identify any threat or potential threat to the security of the Republic or people and supply intelligence regarding any such threat to NICOC.
NIA is further empowered in terms of section 2A of the National Strategic Intelligence Act, 39 of 1994, to conduct security screening investigation in the prescribed manner to determine the security competence of a person, if such a person, is employed by or is an applicant to an organ of state or is rendering a service to an organ of state which service may give him or her access to classified information and intelligence in the possession of an organ of state.
The SAPS strenuously argued that it was illogical for the Minister for Justice and Constitutional Development, who has no line function responsibilities in respect of crime intelligence, policing and investigating functions, to be the Minister with the oversight responsibilities in respect of the investigation of national priority crimes. It therefore argued that it was untenable for the DSO to perform investigative functions separate from the Line of Command of the Minister of Safety and Security.
After careful consideration of the information, evidence and arguments placed before the Commission, I make the following findings in relation to the political oversight and accountability, the financial oversight and accountability and the oversight in respect of the information gathering and/or intelligence gathering of the DSO.
It must be noted that the DSO's information gathering mandate as described in section 7(1) (a) (ii) of the NPA Act, provides that the DSO may gather, keep and analyse information relating to offences or any criminal or unlawful activities committed in an organised fashion or such other offences or categories of offences as determined by the President by proclamation in the Gazette.
The welter of evidence before the Commission as well as the on site visit to the DSO revealed that the DSO has established intelligence gathering capabilities. This goes beyond the ambit of its information gathering mandate set out in section 7 of the NPA Act.
The Minister who exercises final responsibility over the work of the NPA is the Minister for Justice and Constitutional Development. She performs this function as a responsible political head under which the administration of the NPA Act falls. She does not however have practical, effective political oversight responsibility in respect of the law enforcement elements of the work of the DSO.
The Minister who exercises final responsibility for law enforcement is the Minister of Safety and Security. He does not have political responsibility in respect of the investigative elements of the work of the DSO.
The disjunction in political accountability for the entire work of the DSO, in part, explains the discord regarding the effective political oversight over and accountability for the DSO.
The CEO of the DSO is, in terms of the Act, responsible for the financial accountability of the DSO. At the same time, the Director-General: Justice is the accounting officer for the Department of Justice to which the NPA (read DSO) fall. As a result, there are technically two financial heads responsible for the financial accountability of the DSO.
The SAPS pointed out that in terms of determining priorities in a holistic fashion, the Minister of Safety and Security must have authority to determine all priorities and threats in the country. The SAPS decried the situation where some of the most important threats relating to organised crime operationally fall out of the command and control of the Minister of Safety and Security.
The SAPS argued that the arrangement did not reflect sound principles of governance. It therefore argued that the DSO was, in this respect, a law unto itself and capable of unilateral action. The DSO was even able to determine crime threats and priorities outside the ambit of the Safety and Security Minister and without any input by the latter.
This argument is, in my view, compelling. It is both untenable and anomalous that the Minister of Safety and Security who has the responsibility to address the overall policing/investigative needs and priorities of the Republic should not exercise any control over the investigative component of the DSO considering the wide and permissive mandate of the DSO relating to organised crime.
The anomaly arises because the Minister for Justice and Constitutional Development does not account to parliament in respect of the law enforcement aspects of the work of the DSO. Whereas the Minister of Safety and Security accounts to parliament in respect of law enforcement activities of the SAPS, he does not do so in respect of the law enforcement aspect of the DSO. There is thus a dichotomy regarding which Minister should ultimately take responsibility for the profoundly significant law enforcement component of the work of the DSO.
The Constitution has decidedly placed intelligence to reside with intelligence agencies that are established in terms of the Constitution.
The legislature was very deliberate when it conferred "information gathering" capabilities to the DSO. This was intended to enable it to gather such information as is reasonably necessary for the purposes of investigating and prosecuting the matters with which they are authorised in terms of their statutory mandate.
The head of the DSO admitted, in evidence, that the DSO does not have intelligence gathering mandate. I accept the concession to be one that was properly made. There is a marked difference between intelligence gathering and information gathering.
Having considered the information placed before the Commission and the evidence tendered before me, I have been left with an impression that it is more than probable that the DSO has gone to establish, for itself, intelligence gathering capabilities and in fact gathers intelligence in the pursuit of its mandate. This, if correct, would be unlawful.
It was admitted by all the relevant role players that the activities of the DSO, even within the legal limits of information gathering, should still be matters that ultimately filter through to NICOC. It is pleasing to note that attempts have now been made to admit the DSO into the NICOC structure.
I am not persuaded that the arguments submitted by all the principal stakeholders to the effect that the DSO needs to be included into the intelligence structure of NICOC, cures the difficulty of it being an intelligence gathering agency. If the DSO was to be legally empowered to gather intelligence, it would have to derive its source from the Constitution. The reading of section 199(1) of the Constitution does not permit an interpretation that the DSO is such an intelligence agency contemplated in that provision.
I am alive to the fact that NICOC can, where appropriate, include amongst its members such entities as would be useful for it to carry out its legislative mandate. There is nothing therefore untoward in NICOC inviting the DSO into its deliberations in order to be able to compile, amongst others, a comprehensive intelligence analysis.
In part, it would be useful to confine the activities of the DSO to information gathering as the legislation directs, which factor may be an additional leverage to ensure that the DSO not only operates within the limits of the law but is obliged to interface with the intelligence agencies in the discharge of its mandate.
It is both perplexing and perturbing that the DSO views its dependence on the intelligence agencies as a hindrance as opposed to an opportunity at greater collaboration and collective effort. The provisions of section 41(h) of the Constitution dealing with the principles of cooperative governance and intergovernmental relations are instructive. All organs of State such as the DSO are enjoined to co-operate with other state organs such as the NIA and SASS in mutual trust and good faith.
Since the Minister of Intelligence would ordinarily have oversight responsibilities in respect of the intelligence agencies, the information gathering activities of the DSO are not within the political authority of the aforesaid Minister. I am not satisfied that the ad hoc admission of the DSO in NICOC adequately addresses the oversight relevant to the intelligence functions of the DSO.
There is a compelling reason to harmonise the political oversight over the activities of the DSO. I have indicated the dichotomy that results from the fact that the Minister for Justice and Constitutional Development has political responsibility over the NPA without having political accountability over the 'policing' functions of the DSO. She also does not participate in the threat analysis and the compilation of threat analysis data in relation to safety and security matters. Whereas these functions fall within the political accountability of the Minister of Safety and Security, the latter does not have accountability for the activities of the DSO. This has to be addressed through the invocation of section 97(b) of the Constitution.
There is an inherent need for all law enforcement agencies to have a joint purpose in addressing all law enforcement responsibilities in the interest of the country and its people. The tensions that bedevil the relationship of the DSO and the SAPS are incompatible with the constitutional responsibilities of these institutions. It is critical that these institutions answer positively to the constitutional mandate for co-operative governance required of all organs of state.
I have expressed a concern that the competition between the DSO and the SAPS is not in the best interest of the country. It is important that these institutions obsequiously strive to complement each other in addressing law enforcement challenges particularly those arising from organised crime. When joint credit results from every successful investigation and prosecution can be claimed by all law enforcement agencies, the public confidence in the capacity of the government to address serious and violent crime will be much higher.
For the reasons outlined hereinabove and those spelt out elsewhere in the report, it is my recommendation that the President exercises that power conferred on him in terms of section 97(b) of the Constitution to transfer the power or function entrusted to the Minister for Justice and Constitutional Development by the NPA Act to the Minister of Safety and Security thereby vesting political authority over the law enforcement component of the DSO in the Minister of Safety and Security.
The Constitution provides that the intelligence services of the Republic, shall reside with such institutions as are established in terms of the Constitution. The legislature has decidedly conferred information gathering powers to the DSO. In so far as the DSO's activities delve into intelligence gathering, as the evidence has demonstrated, such action falls outside its legislative competence. The DSO should act within the parameters of its legislative mandate and not impinge on the territory constitutionally assigned to other entities.
There is a cogent reason that impels various competencies to reside with intelligence agencies, the national prosecuting authority and the police. It is that reason that also ensures greater co-operation and interdependence as well as enhanced skills and expertise between and amongst these agencies. This should be encouraged.
It is not entirely inconceivable that the DSO resides within the Justice Department but the Minister for Justice and Constitutional Development must then take political accountability for the entire work of the DSO that is the law enforcement and prosecutorial elements. The concerns expressed by the Minster for Justice in this regard are both comprehensible and explicable and are therefore valid. There is a need for legislative emendation to remedy this anomalous aspect of political responsibility and accountability. The President can rectify same in terms of section 97(b) of the constitution.
The legislative mandate of the SAPS can be gleaned from the Constitution as well as various legislative instruments. Section 205(3) of the Constitution obligates the SAPS "to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property and to uphold and enforce the law".
The Constitution also assigns the control and management of the SAPS to the National Commissioner of the SAPS who must exercise such control and manage the SAPS in accordance with the national policing policy and the directions of the cabinet member responsible for policing.
The SAPS is established in terms of section 5 of the South African Police Act, 68 of 1995 ("the SAPS Act").
Section 16 of the SAPS Act deals with the national prevention and investigation of crime. Subsection (1), read with subsection (2), stipulates those circumstances that amount to criminal conduct that shall be regarded as organised crime. The prevention or investigation of organised crime requires specialised skills.
Section 16(4) of the SAPS Act provides that Provincial Commissioners, who are responsible for the investigation of all crimes or alleged crimes committed in the province concerned, must where an investigation of a crime or an alleged crime reveals that the circumstances referred to in subsection (2) thereof (including organised crime) are present, report the matter to the National Commissioner as soon as possible.
However, section 16(4) (c) of the SAPS Act provides that the National Commissioner may direct that the investigation or any part thereof, be conducted by the Provincial Commissioner.
The Commission has been informed during an on-site visit to the SAPS that prior to 2000 the Division: Detective Service consisted of 534 specialised units which were reorganised into 280 units in that year.
The Organised Crime Unit is staffed by 1173 personnel consisting of 981 police officials and 192 civilian officials. The personnel are based in 52 operational units consisting of 26 Organised Crime Investigation Units; 13 Precious Metals and Diamond Units; 9 Asset Investigation Sections and 4 satellite Organised Crime Units. The Commercial Branch consists of 17 offices and one Serious Economic Offence Office located in Pretoria. In addition there are three National Operational Units which are International Vehicle Crime Investigation; Project Investigation and Cross Border Operations.
A candidate for appointment to an Organised Crime Unit must satisfy certain minimum requirements, namely, four years uninterrupted active functional policing duties with at least three years' appropriate detective experience; successful completion of a basic detective course together with one of the following courses; vehicle course; drug course; FCS course; serious and violent crime course; commercial crime course; undergo psychometric assessment; be awarded a security clearance at a level of at least "secret" and demonstrate willingness to be rotated within Organised Crime environment.
It would also appear that members of Organised Crime Units must be assessed annually (which assessment include, among others, polygraph testing) to determine their suitability to serve in those units.
The Organised Crime Unit's policy document lays down standards and guidelines with respect to the functioning and responsibilities and setting standards and requirements for the appointment of members. The document sets out the Unit's approach to organised crime which, among others, entails the following: Assessment of Crime Threat Analysis from Station level (CTA); Assessment of Organised Crime Threat Analysis from Area level (OCTA); Processing of Organised Crime Project Investigation at Area level by the Area Organised Crime Secretariat (AOCS); Processing of Organised Crime Project Investigation at Provincial level by the Provincial Organised Crime Secretariat (POCS); Processing of Organised Crime Project Investigation at National level by the National Organised Crime Secretariat (NOCS).
The constitutional responsibility to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property and to uphold and enforce the law, resides with the SAPS.
The terrain of organised crime is also the terrain falling within the broad framework of matters covered in section 205 of the Constitution.
The legal controversy that seems to be created by the reading of sections 205 and 199 read together with section 7 of the NPA is whether the SAPS has exclusive jurisdiction to address law enforcement responsibilities to the exclusion of all others. I am unable to come to the conclusion that it does. There are a number of agencies who acts as "law enforcement" of one type or another. The legislature has clearly seen a need to appropriate these responsibilities to other institutions as well.
I have already dealt with the meaning of the word "single" as it appears in section 199 of the Constitution elsewhere in the report. I am fortified in my conclusion because the Constitutional Court addressed the meaning of the word "single" albeit in a different context. What the court held was that the word should not be interpreted to mean "exclusive".
I am of the view that there is, in the circumstances, nothing jurisprudentially unsound in conferring law enforcement responsibilities to any agency other than the SAPS. Moreover, the provisions of section 97(b) of the Constitution support that conclusion.
I have dealt with the shared legislative mandate that the SAPS has with the DSO in respect of organised crime under the heading Legislative Mandate of the DSO.
The recommendations as to how the shared mandate is to be managed are repeated in this regard.
Co-ordination and co-operation between the NIA and DSO on criminal intelligence is practically non-existent. Any exchange of intelligence relevant to the investigation of crime as well as the interaction between the DSO and NIA in general is incoherent, irregular, inadequate and unsatisfactory.
NIA submits that the DSO as a relatively new institution does not have any capacity to conduct or carry intelligent activities. Although the DSO is not part of the intelligence agencies nor is it subject to the National Strategic Intelligence Act, 1994, to the extent that it may come into possession of intelligence related information, I hold a firm view that the DSO is obliged to pass on such information to the intelligence agencies or NICOC.
There are no systems of co-ordination and co-operation between the DSO and SAPS, save for a few and ad hoc instances.
The Minister for Justice and Constitutional Development states that the relationship between the DSO and SAPS has irretrievably broken down. I accept that this may probably be so. However the Commission has not been provided with the details of the factual matrix relating to the irretrievable breakdown of the relationship or on how the Minister has arrived at the conclusion that the relationship has irretrievably broken down.
My assessment is that much of the co-operation between the DSO and he SAPS occurs at the operational level and they have also co-operated in respect of some training exercises on an ad hoc basis. The on-site visit at the DSO's offices in Kwa-Zulu Natal suggests that at provincial level, there is a good relationship with the SAPS; the only problem is at national level, where the relationship is non existent.
There are virtually no co-ordinating systems in place between the DSO and the other structures. The co-ordination and co-operation between SAPS and the intelligence community appears to be somewhat in place but operationally ineffective.
It is only in the recent past that the DSO has been invited into NICOC. This is a welcome development.
Prior to the DSO being invited into NICOC, there was virtually no cooperation between the DSO on the one hand and the SAPS and the intelligence agencies on the other.
It is recommended that the DSO be placed in a more permanent status within NICOC. This recommendation should not be understood to mean that the DSO becomes an intelligence agency within the meaning of section 199 of the Constitution. The recommendation seeks to convey instead, that the DSO should form part of the family of law enforcement structures and share expertise and information for an overall effective crime combating strategy.
There is need to have working co-ordination and co-operation structures that must preferably be at the level of documented protocols if not legislated to ensure the efficient discharge of the mandate of these law enforcement structures. The urgency thereof cannot be sufficiently emphasised.
I have earlier dealt with the creation of the MVS which would again offer a useful platform for co-operation and co-ordination between these various structures.
The DSO has a limited information gathering mandate which is to gather, keep and analyse information relating to certain specified offences. This capacity is not subject to the provisions of the National Strategic Intelligence Act, 1994, nor the provisions of the Intelligence Services Oversight Act, 40 of 1994. Therefore the oversight functions of the Parliamentary Committee on intelligence, the Inspector-General and other provisions relating to the functioning of national intelligence structures are arguably not applicable to the DSO.
The DSO however, argued that its operations are subject to the DSO's limited legislative mandate and internal control. Its Crime Information Collection Unit ("CICU") deals with infiltrating members into criminal organisations, executing counter-intelligence, recruitment and identification of sources in areas of interest for the DSO and providing timely, speedy investigation service to the NDPP in specified matters. It also handles all agents and informants.
The NPA has conceded, correctly so in my view, that the present situation may lead to ineffective co-operation between the DSO and other relevant intelligences agencies. The NPA therefore supports the amendments proposed to the relevant legislation in terms of which the JSCI and Inspector General ("IG") would have oversight functions relating to the DSO's information gathering capacity. Further that the DSO becomes part of the National Intelligence structure. The latter has however been qualified by the emphasis that such inclusion should not interfere with the DSO's investigative abilities.
The SAPS submitted that there was no system in place to maintain checks and balances on the intelligence functions of the DSO. The IG does not have oversight functions over the DSO's information gathering functions nor is NICOC in a position and able as the inter-departmental intelligence co-ordinating mechanism to co-ordinate its activities thereby eliminating conflict, rivalry and unhealthy competition. DSO functions do not form part of intelligence estimate or product.
The Inspector-General of Intelligence submitted that the mandate to gather crime intelligence is assigned by law to the SAPS. The purpose of the National Strategic Intelligence Act, 1994, is to define the functional mandates of the members of the national intelligence structures which are NICOC, Defence Intelligence, Crime Intelligence Unit ("CIU"), SASS and NIA. NIA is responsible for domestic intelligence and counterintelligence in order to enhance national security and to defend the Constitution.
The Minister for Intelligence Services shared the concerns raised by the Inspector General of Intelligence (as do all the other security services). The Minister further submitted that the failure to participate in the structures and discussions of NICOC had the following consequences: the DSO did not share its "intelligence" with NICOC and with the National Intelligence structures; its investigations were not necessarily informed by National Intelligence priorities and its information and intelligence did not contribute to the overall development of the National Intelligence Estimate and the National Intelligence Priorities.
NICOC submitted that the DSO requested an observer status on 8 April 2003 at the NICOC Principals forum. On 12 September 2003, NICOC decided to refuse the request. They however, resolved that NICOC and Intelligence departments should have a relationship with the DSO on matters of mutual concern.
On 17 June 2005 NICOC Principals reviewed the composition of forum and decided that departments that could add value to intelligence process such as, inter alia, Home Affairs, the Department of Trade and Industry, DSO, should be included in the forum. During the oral hearings it was confirmed on behalf of NICOC that those departments are now included within NICOC.
Participation of the DSO enables the latter to contribute to NICOC's risk assessment analysis, the National Intelligence Estimate and National Intelligence Priorities. Minor amendments to the National Strategic Intelligence Act will enable NICOC to co-ordinate intelligence activities of the DSO. In the only meeting of NICOC attended by the DSO they contributed to the process of developing a national intelligence estimate which NICOC is busy with at the time of the writing of this report.
The Joint Standing Committee on Intelligence is a parliamentary oversight established in terms of the Intelligence Services Oversight Act, 40 of 1994, to exercise oversight over intelligence structures. This Committee has, over the past four years, been concerned over intelligence functions of the DSO and lack of oversight over their activities. They submitted that at an initial discussion with the DSO, the latter denied that it was conducting intelligence. This was around 2001.
The principal intelligence stakeholders recommend that if the DSO is to continue conducting intelligence activities, it should be subjected to the same oversight to which other intelligence structures are subjected, as none exists currently.
As indicated, the Joint Standing Committee on Intelligence is a Parliamentary Committee that has been established in terms of the Intelligence Services Oversight Act 40 of 1994. Its function is to exercise oversight over the activities of the intelligence structures, including its operational mandate, intelligence and counter intelligence functions as well as their financial administration, management and expenditure. The JSCI reports to Parliament.
"Intelligence" is defined in the Intelligence Services Oversight Act, 1994, as the "process of gathering, evaluation, correlation and interpretation of security information including activities related thereto, as performed by the intelligence agencies (NIA, SASS, Intelligence Division of the SANDF and SAPS). However, this Committee does not have oversight functions over the activities of the DSO.
The Portfolio Committee for Justice and Constitutional Development is part of the National Assembly and serves as a parliamentary oversight body over the Department of Justice and Constitutional Development in which the DSO is located. This Committee has the power to call the Minister for Justice and Constitutional Development to address them on any matter regarding the Department. The Committee deals with departmental budget, considers Bills, oversees the work of the Department, enquires into and makes recommendations about any aspect of the Department, including its structure, functioning and policy. They may also investigate any matter of public interest.
According to the Chief Director: Financial Operations in the Department of Justice and Constitutional Development, the NPA is listed in Part 4 in Vote 23 of the said Department's Budget. This means that the NPA is a main division within the vote. In terms of section 36 of the PFMA, the Director-General of Department of Justice and Constitutional Development is the Accounting Officer. Section 36 of the PFMA was amended in 2000 by the insertion of section 3A whereby the CEO of the NPA became the accounting officer for the DSO. The legal situation is that the Director General is the accounting officer of the rest of the NPA. The CEO may issue delegations in respect of the DSO and the DG in respect of the rest of the NPA. The Department however still has the right to delegate functions in this regard. It is therefore important from an operational point of view to have a single set of delegations.
As indicated above that the DG is the accounting officer of the Department of Justice and Constitutional Development, while section 36 of the NPA Act introduces the CEO of the DSO as its accounting officer. Since 2002 the NPA received approval to prepare its own financial statements. According to the DSO, this does not pose insurmountable problems from an accounting point of view and only requires close cooperation between the NPA and Department of Justice and Constitutional Development. The Department is required to submit, through the Director-General, consolidated financial statements including those of the DSO.
The national mandate for the co-ordination of crime intelligence rests with the crime intelligence division of the SAPS. Thus there is need for close co-operation between the crime intelligence division of the SAPS and the remaining members of the intelligence community to ensure the necessary sharing of information and to prevent duplication of their mandates. Such co-ordination does not exist between the DSO and any of the intelligence structures.
In the light of the Constitutional provisions, the National Strategic Intelligence Act, and the mandate given to the Crime Intelligence division of the SAPS, the DSO is not empowered to gather crime intelligence as intended in the National Strategic Intelligence Act.
Upon the DSO's establishment, it [the DSO] was supposed to make use of the existing intelligence structures, something that did not happen.
The various intelligence structures, excluding the DSO appear to be effective within the NICOC structure. There appears to be sound interrelations amongst these units, with clearly defined legal mandates. The SAPS CIU does not have any relationship with the DSO. For units that have a joint mandate to address organised crime, the efficacy of addressing this mandate is seriously undermined.
It is not an answer for the DSO to insist that the work it does is not intelligence when in the ordinary course of its "information gathering" it would come across intelligence which has to be analysed, interpreted and where necessary channelled through the activities of both units.
Save to the extent that the community of intelligence agencies has in the past not included the DSO, the matter has now been addressed to give a limited status to the DSO within NICOC.
I repeat the recommendation that the DSO be included formally within NICOC as proposed.
There were formal joint operations undertaken by the DSO and SAPS. The first of these was the project the Head of the DSO eluded to, viva voce, as the "Top 200" project. The project was initiated as a result of the President's announcement regarding the need to arrest 200 top criminals in the short term, in the fight against crime. Subsequent to this announcement, the DSO and the SAPS met to plan the task of arresting the top 200 criminals and wherein they discussed the joint efforts and actions necessary for the arrest of the identified criminals. The resultant co-operation ensured that the Top 200 project was an unprecedented success. The Head of the DSO testified that, this project had been a roaring success such that, in his view, it should be repeated.
The second project was the Joint Anti Corruption Task Team which was a joint project based in the Eastern Cape, between the various law enforcement agencies. Although the NIA was somewhat involved, the key players in this operation were, however, the DSO and SAPS. The nature of the operation was to investigate all the case-backlog and to receive further or new complaints from the public. This project also resulted in the successful fulfilment of the joint mandate.
The DSO also admitted that the SAPS have been useful in a number of their operations where they rescued the DSO in some potentially embarrassing situations. The head of the DSO's testimony further revealed that the DSO relies on the use of the SAPS' methods to register case dockets and their crime record centre. The public order policing unit has also been providing support to the DSO whenever it has some operations.
Under this term of reference the Commission was to look into various matters including matters related the rationalisation of resources; minimising undue duplication. It is my considered view that the nature of the resources required by these law enforcement agencies as well as the efficacy of the equipment that they use in what they do are matters which require expert knowledge and understanding. At face value, the DSO seems to possess equipment and personnel resources that are duplicated within NIA. Whether the duplication exists as a fact or should exist as a sound co-ordinating structure requires an assessment of skills outside the structure of the Commission.
It is my view that the Commission could not discharge this task responsibly without such assistance and in the interest of time, I propose to address this aspect under my recommendations.
Since specialised skill is necessary to do an audit of the resources that are with the various intelligence units, to analyse those resources in comparison to the program of combating organised crime, it is difficult to make any firm finding relating to the efficacy of co-ordinating systems between and amongst intelligence agencies.
The terms of reference required that this matter address such issues as the rationalisation of resources; approaches to and standards relating to training; minimising undue duplication; the co-ordination of operations; priority setting mechanisms; liaison with foreign law enforcement and intelligence structures and where relevant, private sector entities and the impact of locating investigators and prosecutors within the NPA.
The relevance of creating a structure such as the MVS or what the SAPS and the DSO call the Operational Committee to deal with co-ordination of operations will be an added tool to facilitate the efficacy of coordinating systems between and amongst the law enforcement structures.
In relation to the rationalisation of resources as well as minimising undue duplication, the on-site inspections conducted on the DSO, the SAPS and NIA revealed that the matter requires people with extensive technical knowledge regarding the equipment used by these structures. There was some evidence of apparent duplication of equipment amongst these structures.
It is my recommendation that a suitably qualified person(s) be engaged to properly and eruditely address the issue relating to the rationalisation of resources.
When the DSO was established, it relied on the training provided to it by the FBI of the United States of America as well as the Scotland Yard of the United Kingdom for the training of its recruits.
SAPS admitted that such institutions may well have much to offer in terms of investigations of organised crime. In South Africa such training is lacking in that the training only provides some general background on the approaches to be followed in investigations.
In light of the above, SAPS seconded some of its members to attend such training programmes, which they discovered had little practical application in the South African environment and its legal systems. Accordingly, SAPS contended that they were not able to learn anything out of this experience, in terms of investigations, that could be gainfully used to the South African environment and legal systems.
The only real joint international training the SAPS was involved in, in respect of combating organised crime, was with the Asset Forfeiture Unit, and such co-operation produced useful or concrete results for the SAPS.
The DSO's recruits did not only receive international training, but they were also trained locally through the assistance of various institutions and agencies such as the SAPS, on a variety of aspects. The DSO's training data for the years 2002 to 2005 attest to this.
In relation to the training for both agencies, SAPS stated that the approaches of the two agencies are different and the standards are also different; however, there are areas of training initiatives which they have done together.
During 2004, the DSO conducted training in the area of racketeering and about 500 people, who included many police officers, attended the training.
During 2003, the DSO again conducted training on finance investigation with the assistance of the Scotland Yard and the finance intelligence centre and the Asset Forfeiture Unit. This training was also attended by many police officers and DSO investigators. Both the DSO and the SAPS officers shared their respective experiences in the training they attended, which the United States Secret Services conducted on the use of crime equipments. Further training on money laundering and environmental organised crime was conducted, which both agencies attended.
SAPS submitted that its investigators are well trained and equipped to deal with the type of cases and investigations which the DSO does. At the inception of the DSO, a number of members from the SAPS were transferred to the DSO to form its core members and some of them were appointed as senior special investigators without undergoing any external training. Some of these members from SAPS assisted the DSO's recruits with their training. In summary, the SAPS' training follows a holistic approach, SAPS members are developed in policing from a broad based entry level programme to specialised programmes.
The head of the DSO, in response to the questions relating to training, indicated that there should be no reason why the training methodology of the DSO should not be duplicated within the SAPS so that it could have the same results in the work of the SAPS. The same goes for the invaluable experience of the SAPS that should be shared with the DSO.
Accepting that there is a collective responsibility on all law enforcement agencies to make South Africa safe, I am of the firm view that the DSO's responsibilities under the law are congruent with that of the Commercial Organised Crime Unit of the SAPS and that such units, in general, should also be respected and they should be furnished with the same equipment and resources as well as the same legal powers in order to emulate the same successes of the DSO.
There are no systems of co-operation and co-ordination between the SAPS and DSO, in terms of which an arrangement between the agencies could be facilitated to formally share their respective training methods in the investigation and combating of organised crime. This should be encouraged and if need be, through legislation.
The law enforcement component of the DSO as well as the work of the SAPS relating to organised crime would, in my view, require substantially the same skill for its personnel.
The evidence demonstrates that the DSO has comprehensive training facilities to enable its personnel to achieve greater impact in the work of combating and prosecuting organised crime. The SAPS has equally developed impressive training strategies to address the challenges of organised crime.
In the light of the lack of effective cooperation and coordination of the activities between the DSO and the SAPS, it is inescapable that there may be duplication in the resources that are channelled towards training by the DSO and the SAPS. It is my recommendation that the DSO and the SAPS streamline the training of their personnel to achieve greater efficiencies.
The Commission invited submissions from the academia relating to this term of reference. The substance of submissions received by the Commission did not reveal jurisprudential objections.
The SAPS has argued that it is unsound to locate the investigators and the prosecutors under one roof. The argument went to suggest that to do so would be a recipe for disaster. The argument was further that the prosecutors should remain within the prosecuting authority and the law enforcement officers be redeployed back to the SAPS.
The Commission was advised that a firewall was usually created in order to ensure that the prosecutors who are involved in investigations did not become involved in "operational matters". It was understood by this to refer to conduct such as search and seizures as well as arrests.
The head of the DSO argued that the guiding principle was to make sure that the prosecutor does not become a competent and compellable witness.
The structure of the DSO, within the current legal framework, is not only novel but is also unique in the world. There are enough examples throughout the developed world, of institutions and structures that are created to specifically address the complexities and intricacies associated with organised crime.
The use of multi-disciplinary structures, meaning, the use of prosecutors, intelligence operatives / analysts as well as investigators in a team effort is common in foreign jurisdictions. In countries such as the USA, multidisciplinary structures ("Strike Forces") are created for specific purposes with various elements within it reporting to their respective authorities.
The other distinction with the structures in foreign jurisdiction is that those multi-disciplinary structures do not fall within the normal prosecuting authority. For instance, in England and Wales, the Serious Organised Crime Agency is such a multi-disciplinary structure but does not fall under the Crown Prosecution Service.
There is no legal impediment in having such a structure falling within a prosecuting service as long as the independence of prosecution is safeguarded. There is a thin line between the prosecutor who is "embedded" in the investigation to still have the necessary "distance" to bring his or her mind to a dispassionate decision as to whether a particular matter is prosecutable or not.
It is particularly important that a prosecutor acts independently to enable him or her when conducting investigations to have the neutrality of pursuing exculpatory information and making such information available to an accused person if the prosecution is nevertheless pursued.
Whatever the cogency of the argument that the prosecutors must be protected from work that may expose them to become competent and compellable witnesses may be, it is my considered view that the integrity of a particular prosecutor is a vital factor in the independence of his/her office. It is therefore crucial that the integrity of individual prosecutors be one of the cardinal issues to be closely determined and scrutinized in the appointment to that office.
There were concerns expressed that the working of prosecutors with police such as is the case within the DSO holds a real risk of compromising the independence of the prosecutors and ultimately may corrupt the objectivity of the prosecutors. The basis of this concern is that whereas the prosecutors would be members of the investigating team, they nevertheless owe a duty to court to place all information before the court including information that may exculpate the accused.
I have been advised that the DSO is alive to this risk and that the prosecutors do not engage in aspects of the investigation that may tarnish their independence. It is also important to remember that the duty of the prosecutors to the court is an ethical obligation which goes beyond the desire to achieve a conviction in a particular case.
Having regard to all the evidence and the argument, it is my recommendation that the various disciplines within the DSO must still remain under a single command structure as is the current position.
I am satisfied that the practice of housing multiple disciplines under one command structure is sound practice. The structure of the DSO in this regard, enhances a closer co-operation amongst the various disciplines. The one discipline benefits from the expertise of the other, making the cross-pollination, an effective strategy in combating crime and returning higher conviction ratios.
The body of evidence tendered by the principal stakeholders accept that legislation needs to be amended to include the DSO in the legislative framework dealing with intelligence.
How the legislation must be amended is a matter falling within a specialised field that I propose should be engaged in order to draft the relevant amendment and ensure that it is in harmony with existing legislations. I am informed by the Minister of Intelligence that there is already a draft Bill in this regard.
I am satisfied that the mandate of the DSO as described in section 7 of the NPA Act and in particular relating to the information gathering capabilities of the DSO should be left as is and not be amended. There is no basis for the DSO to conduct intelligence gathering work. This must be left to agencies which have the requisite expertise and legislative responsibility.
There is a need to create a legislative framework to ensure that the cooperation and co-ordination of all law enforcement agencies including the DSO is done in a structured fashion. I have postulated various methods by which these can be done. However, I believe it to lie within the domain of the legislature with its immense technical capability to explore which technique would best achieve the legislative intent.
In legislating suitable systems of control and co-ordination within the DSO and within all relevant law enforcement agencies, it is profoundly important that the legislation addressing this matter should look at the priority setting mechanisms that would best achieve the legislative intent having regard to the need for proper ministerial accountability over the activities of the DSO.
I have also made recommendations relating to the creation of the MVS and the powers/functions/obligations that such a structure is to have. In the light of the difficult relationships between the SAPS and the DSO and since there will still be a shared mandates in respect of combating organised crime, it is important that this matter be dealt with through legislation. It is my direction that the proposed MVS structure be constituted by people with the requisite expertise.
The current location of the DSO is supported by, The Minister for Intelligence Services; The Inspector General of Intelligence; NICOC; The Institute of Security Studies; The Foundation for Human Rights; Prof. Kader Asmal; Ms Fatima Chohan as well as by the DSO.
The translocation of the DSO to SAPS is supported by: the SAPS; NIA; and POPCRU.
In regard to the location of the DSO, it is noteworthy that the DSO was officially launched on 1 September 1999. Furthermore, it deserves noting that the launch was welcomed by the then Ministers of Justice and Constitutional Development as well as for Safety and Security.
During this period a Task Team was created under the auspices of the former NDPP and the Inter-Ministerial Security Committee to facilitate the establishment of the DSO. The Task Team was also mandated to prepare draft legislation. To do its work, the Task Team was assisted by a Drafting Team comprising officials of the Department Justice and Constitutional Development, South African Police Services and the National Intelligence Agency.
The mandate to the Task Team for the establishment of the DSO was to do so along the guidelines determined by the Inter-Ministerial Security Committee. These guidelines were, among others, that the DSO should have investigation, intelligence and prosecution capacities; the head of the DSO should be accountable to the NDPP; the Minister for Justice and Constitutional Development should bear line-function political responsibility; existing Investigating Directorates established under the NPA Act, should be incorporated in the provisions of the draft legislation; and an Inter-Ministerial Security Committee should be established, to, among others, have the responsibility for making policy directives in terms of which the DSO should operate and, subject to the constitutional independence of the prosecution process, the Executive should have supervision over the DSO.
A draft Bill, in line with the guidelines determined by the Executive, was submitted to Cabinet during June 2000. The approval of the Bill by the Cabinet was communicated on 28 June 2000. The Bill was introduced in the National Assembly on 11 August 2000.
The Portfolio Committee on Justice and Constitutional Development met during October 2000 and deliberated on the possible legislative framework and ultimately decided that the DSO should be included under the ambit of the NPA Act.
The reasons presented by the Portfolio Committee in its report to Parliament for the decision included the fact that the DSO was already functioning under the control and direction of the NDPP; the prosecuting authority already had investigative capacity in the Investigating Directorates established in terms of section 7 of the NPA Act; further that it would be in the interests of both sound administration and enhance the efficient prosecution of matters dealt with by the existing Investigating Directorates and the DSO, to merge the Investigating Directorates with the DSO.
The NPA Act established clear lines of authority and accountability relating to the members of the prosecuting authority, the NDPP, the Minister and Parliament. For the reasons that there was a clear consensus amongst the Cabinet members representing the Security Cluster that the mandate of the DSO should be founded on the troika principle; that in terms of the troika principle, the DSO would be empowered to investigate, gather information and prosecute national priority crimes including police corruption, under the authority of the NDPP, it was therefore logical that its location should form part of the portfolio of the Minister for Justice and Constitutional Development.
Having regard to the submissions of the DSO regarding its rationale and location, the DSO submitted that the NPA Act be amended to make provision for its establishment and location in the Department for Justice and Constitutional Development.
The amendment to the NPA Act was pursuant to the active involvement and agreement of the cabinet members of Safety and Security and Justice and Constitutional Development.
The body of the information and evidence strongly suggested a need by the government to have in place a coherent effective strategy in the fight against organised crime. Foreign jurisdictions that I visited in the course of the Commission's work also indicate a global trend at creating instruments of a specialised nature in addressing and combating or mitigating the effects of organised crime. For instance, Britain was in the process of passing legislation to create the Serious Organised Crime Agency ("SOCA").
Whereas the recent statistics show promising levels indicating some decline of criminal behaviour generally, I am not persuaded that the rationale for the establishment of the DSO has since disappeared to justify the translocation of the DSO to the SAPS.
The argument that the DSO was established as a temporary structure is not consistent with the body of evidence submitted before the Commission. I am satisfied that there is ample evidence indicating to the contrary.
There is no cogent argument offered indicating that the establishment of the DSO was meant to be a temporary structure as argued by, amongst others, the SAPS and the Police, Prisons, Civil Rights Union ("POPCRU"). It is difficult to understand why the legislature would have incorporated into a statute, a structure whose purpose was meant to have a limited lifespan without including provisions specifically addressing the temporary status thereof.
Instead, the legislature has expressly provided for transitional arrangements that were to address the interim period. Had the legislature intended the DSO to have a limited lifespan, it would have plainly said so when making provision for the transitional arrangements under section 43A of the NPA Act.
The argument that the establishment of the DSO was to be a temporary structure is further undermined by the fact that the reading of the NPA Act clearly points to the contrary. There is instead, evidence as evinced above that the incorporation of the DSO in the NPA was deliberate.
It must be remembered also that the amendment resulted in the collapse of other specialised directorates that were, till then, operating as separate investigating directorates within the NPA.
The argument that the DSO was established until such time as SAPS would have legitimised itself or transformed does not hold merit either. A careful consideration of all evidence presented demonstrates that government was concerned that the capacity of the SAPS structures to deal with organised crime was suspect, in part, because of the corrupt elements that were within the SAPS structures and the transformation challenges it faced. The evidence now shows that the transformation challenges that presented the SAPS in the past have been radically mitigated. Ineluctably the SAPS of 1999 have been fundamentally and successfully transformed.
Notwithstanding the commendable transformation of the SAPS, I am satisfied that had this been the only rationale to locate the DSO within the NPA, such an intention by the Legislature would have been apparent from the reading of the NPA Act. I am unable to find support for this argument from the reading of the NPA Act.
Another argument sponsored in this regard was that crime levels have since dropped to justify the translocation of the DSO to the SAPS. It is trite that the establishment of the DSO was precipitated by rampant levels of organised crime including violent crime. In as much as the evidence in this regard lends credence to the argument that levels of organised crime are no longer as high, I am not persuaded that organised crime is no longer a threat to our democracy.
It is important to emphasize that the crime information analysis that the Minister for Justice and Constitutional Development seeks to rely upon for her contention in this regard is, with respect, unhelpful. This is so simply because the figures relied upon, for example, murder or robbery with aggravating circumstances, does not indicate whether such figures relate to offences that were committed in an organised fashion. Accepting that the figures included offences committed in an organised fashion, it is interesting to note that the figure for drug related crime in 2001/2002 represented 52.
This shows an increase of approximately 33.9%. The statistical information forms part of the Commission's documentation.
It was argued that as the relationship between the DSO and the SAPS had irretrievably broken down, the DSO should be de-established and the resultant separation of prosecutorial and policing powers preserved. Whereas I accept that there is ample evidence indicative of an unhappy relationship and serious tension between the two structures, there appears no reason in law why the idiosyncrasies of individuals should rank higher than the constitutional imperatives imposed on those institutions, in part, by section 41 of the Constitution to offer co-operation and co-ordinate their activities with one another. There is a compelling reason for these structures to co-operate as they are, in law, obliged to do.
The importance of doing so is highlighted by the submissions of the DSO as late as 26 October 2005 and 7 November 2005 read together with the submissions of the SAPS dated 20 October 2005 and 7 November 2005. These documents form a part of the Commission's documentation.
It was conceded by all stakeholders that there were initially good grounds to locate the DSO under the NPA.
A comprehensive process was undertaken to debate the suitable location of the DSO. There were various legislative instruments that were considered to locate the DSO. Ultimately, for reasons already alluded to, it was decided that the NPA Act must be amended to locate the DSO within the National Prosecuting Authority and under the Minister for Justice and Constitutional Development.
Until such time as there is cogent evidence that the mandate of the Legislature (to create a specialised instrument with limited investigative capacity to prosecute serious criminal or unlawful conduct committed in an organised fashion) is demonstrably fulfilled, I hold the view that it is inconceivable that the Legislature will see it fit to repeal the provisions of the NPA Act that relate to the activities and location of the DSO.
I am satisfied that the rationale for locating the DSO under the NDPP and the Minister for Justice and Constitutional Development in 2002 still pertains. As already submitted, this was a logical locos where the DSO could be situated since the NPA already had investigative directorates (Independent Directorate: Serious Economic Offences and Independent Directorate: Organised Crime) and because the DSO was to be prosecution led, its concomitant location could only be with the prosecuting authority, which constitutionally, is authorised to institute prosecutions.
The two institutions, namely the SAPS and the DSO still do not appreciate the legal imperative for co-operation. There will therefore be need for decided executive action to compel a realignment of attitudes by these institutions.
Having considered the totality of the evidence and the law relevant to the terms of reference, it is my considered view, for reasons that have already been comprehensively canvassed, that the DSO should continue to be located within the NPA.
I have considered the totality of the evidence and argument and am satisfied that the DSO should remain within the NPA but certainly with such adjustments as are recommended in the body of the report including the recommendation relating to the power of the President under section 97(b) of the Constitution to transfer political oversight and responsibility over the law enforcement component of the DSO to the Minister of Safety and Security in order to clear the anomaly already alluded to herein.
The DSO has, in broad terms, unilaterally drafted a direction that interprets its legislative mandate and points to methods by which it intends to discharge that mandate. Both the SAPS and NIA have decried this conduct. It is popularly referred to as Circular One. A copy of the circular forms part of the Commission's documentation.
The circular divides the work of the DSO into various areas of focus. It establishes four operation management desks. The circular also deals with the criteria for the selection and the initiation of investigations and the procedural requirements relating to these processes, including the reporting responsibilities of the regional heads. It also deals with the referral of monitoring and interception applications and requests in terms of section 252A of the Criminal Procedure Act.
Finally, the DSO may carry out functions incidental to investigations and the institution of criminal proceedings. The unilateral drafting of Circular One is, in my view, one of the influential factors that led to the deterioration of the relationship between the SAPS and the DSO. NIA and the SAPS have bemoaned the DSO conduct in this regard, (of unilaterally drafting the Circular) accusing it of being "a law unto itself." Furthermore, they have alleged that the implementation of the Circular enables the DSO to select cases with media value and with a high rate of possible conviction; of deciding which matter to investigate and then declare investigations of those matters that will bring publicity to the DSO even though they do not comply with section 7(1) (a) (iii)(aa) of the NPA Act.
I am of the view that this matter requires specific reference and treatment.
It is apposite to deal with this aspect, having regard to the provisions of section 41 of the Constitution in particular, that outline the principles of cooperative government and inter-governmental relations. The Constitution enjoins structures such as the DSO, the SAPS and the intelligence agencies to, inter alia, cooperate with one another in mutual trust and good faith by fostering relations, assisting and supporting one another, informing one another of and consulting one another on matters of common interest; coordinate their actions and legislation with one another.
As the evidence was presented to the Commission, it is disturbing to note that the constitutional injunction on the DSO, SAPS and the Intelligence Agencies were not heeded.
There has been no sound relationship between the DSO and SAPS in particular. The evidence of the NDPP confirms that the relationship between the DSO and the SAPS was an unhappy relationship. The head of the DSO ascribed the tension to be institutional jealousy and personality differences.
As I point out hereunder, the lack of co-operation between the DSO and SAPS was fuelled, in part, by the MCC not carrying out its duties to determine policies and procedures to coordinate the activities of the DSO vis-à-vis the other relevant institutions that would have helped resolve the turf conflicts for each of these agencies. As already noted hereinabove the legislature was very deliberate when it stipulated that the procedures to co-ordinate the work of the DSO and other relevant institutions were to deal, amongst others, with the transfer of investigations to or from the DSO and other institutions.
I cannot express myself more than to indicate clear dismay why high ranking officials within the DSO and the SAPS made their personal issues cloud their statutory responsibilities. I can find no plausible reasons to justify this behaviour. It is difficult even to conceive circumstances that would justify such dereliction of duty. I do not find it acceptable that whatever "constitutional" problems that were imagined or harboured by the SAPS could have remained a hindrance to co-operation that is required of these agencies by law, in the interest of the security of the well being of the people of the country.
It is the primary function of the executive whose constitutional responsibility is to implement legislation to ensure that the provisions of the law and, in this regard, section 31 is adhered to. It is also important that corrective action through appropriate admonition, by you Mr President, be brought to bear on the officials that are at the helm of the DSO and SAPS to comply with the provisions of the various pieces of legislation.
It is useful to compare the traditional methods of investigation and prosecution with the novel methodology of using the troika approach which entails using the investigators, analysts as well as prosecutors in collaboration.
The traditional system of criminal investigations and prosecutions works with the detectives being housed in communities they serve. The detectives operate separately from prosecutors who are housed at court or as near to the courts as possible and, for the most part, are court-bound during the day.
The detectives use a formal evidence docket and SAP13 exhibit register and a storage system backed up by a docket investigation diary and policy pocket books systems of recording actions taken during the investigative process. A senior police officer, sometimes with legal and investigative knowledge, oversees the investigation including the gathering of the evidence in building the docket. This officer is the direct manager of the investigators. He or she guides, oversees and disciplines the investigation process. He or she is also responsible for reviewing evidence docket to check on the quality of the investigative work and gives instructions to investigators regarding further investigation to be done.
The first time a prosecutor reviews a docket of evidence is when the investigator goes so far as to arrest a suspect and brings him or her to court or when the investigator seeks a warrant for the arrest of a suspect. It is traditionally only from that time onward when the prosecutor is able to bring his or her professional expertise to bear on the investigative product and to assess what potential offences the evidence in the docket reveals, whether such evidence is admissible, the degree of reliability and strengths of the evidence in the docket and the extent to which the evidence in the docket covers all the elements of the offences sought to be prosecuted.
In terms of the traditional means of investigation and prosecution of offences, the prosecutor communicates with the investigator by and large through making entries in the investigation diary, the docket, or where necessary, by providing detailed letters of instructions to the investigation diary. The instructions may entail further investigation required, the taking of additional statements, rectifying errors, the addressing of evidentiary queries, if any.
Under the traditional system, it is not unusual that the investigator will meet with the prosecutor just shortly before the actual trial preparation stage. There will not, at that time, have the same understanding of the investigation and the strategies for the prosecution of that matter.
The practical limitations of the traditional methods of investigations is that the investigator is often left to use his own individual discretion in collecting the evidence without sufficient legal skill to know what information is necessary and relevant for that particular offence. The investigators are furthermore not sufficiently qualified to make difficult decisions of law.
A multi-disciplinary approach holds the advantages that it gives the team an opportunity to: assume early, continuous and direct control and responsibility for the creation and maintenance of the formal evidence docket and formal record of the investigative process and of all actions taken by investigators in the investigative process; directly, immediately and continually, receive all evidence products produced by the investigation team for inclusion in the evidence docket.
The troika principle uses the skills of a prosecutor in directing the investigation and uses the skills of the analyst in interpreting the information that is revealed by the investigation and the skill of an investigator to collate the evidence for a successful prosecution. Collectively, the three skills are able to plan and chart a way in which the investigation of a particular offence can be conducted as well as protecting the nature of the information to enable such information to have relevant evidential value in the criminal proceedings that follow.
Under the troika system the responsibilities of the prosecutor are inter alia to ensure that all statements surrounding search and seizure, undercover operations and arrests are submitted and in order, including all required statements concerning the marking and handling of exhibits; thoroughly examine the products produced from search and seizure and under-cover operations for relevance and evidential value; ensure that all investigation entries or affidavits covering the relevant actions taken by investigators during the investigative process in relation to the evidence products produced, are provided in acceptable and adequate form and are supplied with the evidence products produced and, at the same time, that the evidence products are included in the formal evidence docket; and generally, ensure that evidence produced is admissible.
In addition, in order to assess what potential offences are revealed by the evidence, the prosecutor would research same and identify all the elements of such offences convey same to the senior investigating officer and, if necessary, the investigation team so that the senior investigating officer, together with his or her team, may continue to investigate the matter with the specific elements of the identified potential offences in mind.
The prosecutor has to conduct ongoing reviews and evaluations of the evidence received in the formal evidence docket and to give further investigative instructions arising from such review and evaluation exercises, including calling for additional statements whenever factual gaps or a lack of important factual detail in original statements are identified or where elements of potentially relevant offences are later identified as not having been covered in original statements.
The prosecutor would also provide legal advice and contribute opinions and recommendations with regard to strategies to be adopted during the investigative process. In short, the investigation and prosecution of the offences would be intelligence driven, and court directed with all the disciplines working in concert.
The one telling element of the workings of the DSO that sets it apart from the conventional methods used in the investigation and prosecution of offences is the methodology of using teams involving prosecutors, information analysts and investigators in the ultimate prosecution of their cases. It is a principle that is proving to be an effective tool in addressing complex and organised crime.
The DSO has implemented this principle with the resultant conviction rate of over 90% standing as testimony to its effectiveness. In developing this capacity, the DSO obtained the skills training from international agencies such as the Federal Bureau of Investigation ("FBI") as well as the London Metropolitan Police ("Scotland Yard"). Most impressive, the DSO has built a significant skills training capacity of its own and uses the facility in the induction of new staff and the ongoing training of its personnel.
There appears to be no reason why the skills base that has been built by the DSO cannot be broadened to include other law enforcement agencies such as the Organised Crime Unit ("OCU") of the SAPS. The body of evidence tendered at the Commission indicated a willingness to share this skills base with other relevant law enforcement agencies. It is particularly more apposite to the OCU whose mandate is identical to that of the DSO.
Admittedly, the OCU would not have, within its fold, prosecutors who are ordinarily located with the National Prosecuting Authority. Whatever structural differences may be, there appears to be no reason why it is not possible to co-locate prosecutors with investigators and analysts that do work for the OCU. The practice of co-location is one that is implemented by foreign governments who are effectively tackling crime of like nature and the method is proving to be quite efficient.
The argument by the DSO is that the troika principle is enhanced where the three disciplines operate under one command structure such as the DSO. Whatever the cogency of this argument may be, the efficacy of the troika principle seems to lie more with the continuous collaboration of these three disciplines working in concert. The Commission was informed that it is not unlikely that the team investigating a particular matter may, at one stage or other, be headed by either an investigator or a prosecutor depending on a given stage of the investigation.
I hold a firm view that the NPA is duty bound to provide adequate prosecutorial services to the SAPS. It has a key role in the prevention and combating of all crimes including organized crime. Adequate resources in terms of prosecutorial expertise, service and equipment, amongst others, must be afforded to the SAPS to enable it to be effective in the discharge of its duties, in the interest of the safety and security of the South African inhabitants.
The inexorable quest for an effective and efficient strategy to tackle organised crime must run like a golden thread through the whole tapestry of the law enforcement/ prosecutorial and intelligence structures. The attainment and maintenance of that efficacy lies with the law enforcement/ prosecutorial structures cooperating and coordinating their activities closely with one another as well as with the requisite statutory intelligence structures.
The imperfections in the inter-relationship of the law enforcement structures including the relationship of the DSO with such structures giving rise to the establishment of the Commission derive largely to operational matters. It is necessary therefore to create- on an ongoing basis- a review mechanism to manage the constant challenges that may arise in the execution of the work of these structures.
The report deals with various aspects that would require the Legislature's consideration to give effect to these recommendations and to harmonise the implementation of these recommendations with existing legal provisions of the relevant pieces of legislations and government policies.
The threat that organised crime presents to the democratic institutions and economic integrity of the country poses a formidable challenge that will continually require creative and determined strategies to address. These strategies will include, by definition, enhanced co-operation among the various law enforcement structures whose primary constitutional responsibility is to secure the country and its people.
I trust that the Commission has, to this extent, made an earnest endeavour to be of meaningful assistance to the President and I thank you for the opportunity.
In 1999, the President announced the decision to create a multidisciplinary structure that was to be well resourced and was to have the specific mandate to address organised crime.
Various Ministers of government, responsible for the Justice and Security cluster, echoed the statement of the President of the Republic that our nascent democracy was in danger of being undermined by organised crime. It was accepted that organised crime attacked the fabric of society and the economic standing of the country.
It was decided to engage an innovative investigative methodology in fighting organised crime since organised crime entailed legally complex and sophisticated issues. In that regard, a comprehensive answer was to be found in the creation of a multi-disciplinary vehicle.
There were various drafts of legislation that sought to create the DSO. The SAPS inter alia had certain constraints with regard to its capacity and credibility. The fact that the prosecution service was going to be an important element in combating organised crime, a decision was made to locate the DSO within the National Prosecuting Authority. The NPA Act was accordingly amended to create the DSO and to collapse into it various other directorates that were in place at the time.
The rationale for the establishment of the DSO, that is, to create a multi-disciplinary structure using the troika principle as a methodology to address organised crime was precipitated by intolerable levels of crime that were threatening our nascent democracy.
Despite indications that crime levels are dropping, it is my considered view that organised crime still presents a threat that needs to be addressed through a comprehensive strategy.
I accept that the legislature intentionally drafted the legal mandate of the DSO wide. In my view, this was prudent having regard to the rationale behind the establishment of the DSO and the findings made in relation to this term of reference. For instance, it is unarguable that organised crime syndicates are not only pervasive but are highly sophisticated and advanced and command huge financial resources; they are therefore able to mount heavyweight legal defences with a view to resisting prosecutions and/or convictions. An overly prescriptive legal mandate would render itself open to constant jurisdictional attacks and frustrate the objective for which the DSO was established.
I am satisfied that there is nothing unconstitutional in the DSO sharing a mandate with the SAPS. Where government considers it appropriate to discharge its agenda in the framework as now pertains, it can certainly do so provided that such action is not inconsistent with the Constitution. The legal mandate of the DSO is sufficiently wide to avoid technical arguments that may arise if the mandate was too narrowly defined.
I am also satisfied that there is nothing unconstitutional in having a structure such as the DSO located under the prosecutorial authority. There is ostensibly no legal impediment in having a structure such as the DSO with all the disciplines that it has, falling under one ministry.
As international trends demonstrate, there are various strategies that can be deployed in dealing with overlapping mandates. The UK Serious Organised Crime and Police Act establishing the Serious Organised Crime Agency ("SOCA") has, as one of its provisions, that SOCA would only have the power in respect of serious fraud where the serious fraud office declines to act in relation to it. It is evident that using this strategy, it is possible to assign the authority of one agency to trigger the right of the other agency to act where the jurisdictional facts are present.
The other de-confliction provision in relation to the work of the UK SOCA is to require the agreement of the commissioners where the investigation and prosecution relates to matters that involve revenue fraud. It is evident that this type of offence would bring into play the powers and competences of the customs office and the revenue office. In this regard, SOCA is enjoined by Statute to tackle these aspects only with the agreement of the Commissioners.
I am satisfied that the MCC convened its meetings only from June 2004. It is regrettable that the Commission was not favoured with a plausible explanation why the Ministerial Coordinating Committee did not properly discharge its responsibility under the Act. It still remains an important legislative injunction that the MCC does what the Act imposes on it. The difficulties of the different law enforcement agencies that are dealt with in this report may have possibly been averted or mitigated had the policies and procedures been put in place as required by section 31 of the NPA Act.
It is common cause that there is resistance by both DSO investigators and prosecutors to relocate to the SAPS. Whilst this may be within their right to do so, it remains conduct that raises legal eyebrows as it is suggestive of a lack of shared objectives amongst officials of the law enforcement agencies to perform their functions in fighting crime irrespective of where one's particular institution is located.
The scathing criticisms levelled at the DSO cannot be shrugged off easily. The manner in which the legal mandate of the DSO has been implemented does afford the DSO the unfair advantage of case selection for its investigation. It is an act which in itself causes conflict and tensions between the DSO and the SAPS.
The legislature in establishing the DSO and granting it the mandate which is shared with the SAPS was fully appreciative of the potential conflict such mandate would generate and therefore created the MCC as presently composed in terms of section 31 of the Act. However, in my view, the structure of the MCC is inadequate to fully address the daily operational difficulties that may arise.
The challenges that are presented by the concurrence of the mandate of the DSO as well as that of the SAPS have been comprehensively dealt with in the evidence. They include the dislocation in communication as well as absence of agreement in relation to which agency will be responsible for which investigation. The view of the ISS which, in my view, is correct and is relied upon by the DSO, is that the MCC's function was intended to resolve such operational conflicts and the legislature contemplated that the MCC would determine, in the event such conflicts arose, which institutions would be responsible for the relevant matters.
The DSO and the SAPS share a legal mandate in respect of the investigation of serious organised crime. This phenomenon is not unique to the DSO and the SAPS. There are numerous examples in foreign jurisdictions where the mandates relating to specific crimes overlap. There are useful techniques that can be employed in the resolution of such tensions.
The Auditor General ensures sound management systems and controls, together with ensuring compliance with, inter alia, the Public Finance Management Act ("PFMA").
The systems for management and control appear to be coherent and proper, save that the NDPP has not strictly complied with the provisions of section 19B of the NPA Act in that some of the special investigators of the DSO have been appointed as such without any security screening by the NIA as provided for in the NPA Act. The NDPP's failure to perform his functions and discharge his obligation in this regard may have exposed the DSO to some security risk and/or to conduct prejudicial to the objectives of the DSO.
Although the head of the DSO conceded in his evidence to such non-compliance, he nonetheless made a flimsy attempt to explain how such non compliance arose. His evidence that everything required under law to ensure that its operatives are properly vetted was done was, in my view, unconvincing. There can be little debate that the practice is unacceptable and may ultimately prove to undermine the security of the state. I therefore find that the DSO has not complied with the provisions of section 19B of the NPA Act. That duty, stricto sensu lies squarely on the shoulders of the National Director and not on the head of the DSO.
Section 19B of the NPA Act requires that persons who perform their functions in the DSO, as special investigators, must undergo security screening so as to protect the nature of the information that they may come across in the discharge of their function. The National Director is enjoined not to appoint any special investigator without evaluating information gathered from the security screening by the NIA.
Moreover the National Director is required in terms of this provision to subject those appointed as special investigators to further security screening from time to time. The evidence shows that some special investigators have been appointed without compliance with this requirement. Neither the National Director nor the Head of the DSO could proffer the exact numbers in this regard. That notwithstanding, there is inevitable danger that is posed by such special investigators who were not vetted in that they might act and may well have acted in a manner prejudicial to the objectives of the DSO and/or might be a security risk. There must be full compliance with the provisions of section 19B.
The NDPP should in the circumstances be strongly admonished for his failure to adhere and monitor further adherence to this prescript. I further recommend that urgent appropriate reconciliation be undertaken by the NDPP to establish those special investigators whose appointments do not comply with the provisions of the Act and that the NDPP take remedial action in regard thereto. In view of the obfuscating evidence regarding the NDPP's non compliance with sub sections 19B[3] and [4] respectively, it may be apposite to further recommend that requisite proof, to the satisfaction of the NIA and the Minister for Justice and Constitutional Development be produced by the NDPP within a period to be determined by the President.
The risk sought to be covered by the provisions of this section must extend to external contractors who similarly consider the information sought to be protected under this section.
They too, must, in the future be submitted to similar security screening as provided in terms of section 19B. Resultantly I would therefore recommend that the NPA Act be amended accordingly. Indubitantly, the envisaged legislative amendment should facilitate this end.
There was evidence pointing to the fact that the DSO has liaisons with foreign law enforcement and intelligence structures. If nothing else, this illustrates the dangers that lie in the conduct of the DSO stretching its "information gathering" mandate to include "intelligence gathering'' This, certainly, will compromise the security of the state as DSO members have no requisite training in intelligence.
The improper media sensation associated with the investigation and/or arrest of some individuals resultant from the leaks in the DSO may open a practise that is inconsistent with the right to a fair trial guaranteed under section 35 of the Constitution.
The DSO in its afore-stated conduct does not seem to have acted properly and lawfully in exercising its powers and has failed to construe those powers in the light and spirit, purport and object of the Bill of Rights. It cannot be overemphasized that the Bill of Rights is the corner stone of our democracy that enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. An effective and efficient law enforcement agency is required to respect these rights as it constitutes one of the essential foundations of a democratic society.
There are also matters around publicity of the work of the DSO that have attracted public criticism of being "FBI style", meaning that the DSO conducts its operations as though it were a law unto itself. There is indeed merit to this complaint. There is an urgent need for the DSO to do its work within the limits of the law without attracting undue publicity. The DSO sting must be in its efficiency in execution of its mandate (investigations) and not in the publication of its contemplated investigation and or prosecution.
There was, in my view, no plausible reason furnished for this conduct on the part of the DSO, which conduct is to be frowned upon. I find the conduct to be reprehensible, unprofessional and corroding public confidence in the law enforcement agencies.
I am convinced that the DSO will, in conducting itself within the parameters of the law, still continue to enjoy the public confidence that is shown towards its work and the efficiency with which it constantly strives for in the execution of its mandate. I believe that the public confidence will not be eroded but will be enhanced when the DSO does its work within professional ethics and in harmony with the fundamental rights guaranteed in the Constitution and the Bill of Rights.
(ii) of the NPA Act, provides that the DSO may gather, keep and analyse information relating to offences or any criminal or unlawful activities committed in an organised fashion or such other offences or categories of offences as determined by the President by proclamation in the Gazette.
The Minister who exercises final responsibility for law enforcement is the Minister of Safety and Security. He does not have political oversight responsibility in respect of the investigative elements of the work of the DSO.
The disjuncture in political accountability for the entire work of the DSO, in part, explains the discord regarding the effective political oversight and accountability for the DSO.
The anomaly arises because the Minister for Justice and Constitutional Development does not account to parliament in respect of the law enforcement aspects of the work of the DSO. Whereas the Minister of Safety and Security accounts to parliament in respect of law enforcement activities of the SAPS, he does not do so in respect of the law enforcement aspect of the DSO. There is thus a dichotomy regarding which Minister should ultimately take responsibility for the important law enforcement component of the work of the DSO.
The legislature was very deliberate when it conferred "information gathering" capabilities to the DSO. This was intended to enable it to gather such information as is reasonably necessary for the purposes of investigating and prosecuting the matters with which they are concerned.
The head of the DSO admitted, in evidence, that the DSO does not have an intelligence gathering mandate. I accept the concession to be one that was properly made. There is a marked difference between intelligence gathering and information gathering.
It was admitted by all the relevant role players that the activities of the DSO, even within the legal limits of information gathering, should still be matters that ultimately filter through to NICOC. It is pleasing to note that attempts have now been made to admit DSO into the NICOC structure.
I am alive to the fact that NICOC can, where appropriate, include amongst its members such entities as would be useful for it to carry out its legislative mandate. There is nothing therefore untoward in NICOC inviting the DSO into its deliberations in order to be able to compile, amongst others, a comprehensive intelligence analysis for the information of the Cabinet.
It would be useful to confine the activities of the DSO to information gathering as the legislation directs. This factor may provide an additional leverage to ensure that the DSO not only operates within the limits of the law but is obliged to interface with the intelligence agencies in the discharge of its mandate.
It is both perplexing and perturbing that the DSO views its dependence on the intelligence agencies as a hindrance as opposed to an opportunity at greater collaboration and collective effort. The provisions of section 41(h) of the Constitution are instructive. All organs of State such as the DSO are enjoined to co-operate with other state organs such as the NIA and SASS in mutual trust.
The terrain of organised crime also falls within the broad framework of matters covered in section 205 of the Constitution.
The legal controversy that seems to be created by the reading of sections 205 and 199 read together with section 7 of the NPA is whether the SAPS has exclusive jurisdiction to address law enforcement responsibilities to the exclusion of all others. I am unable to come to the conclusion that it does. There are a number of agencies which act as "law enforcement agencies" of one type or another. I am of the opinion that the legislature has clearly seen a need to appropriate these responsibilities to other institutions as well.
Elsewhere in the report, I have dealt with the meaning of the word "single" as it appears in section 199 of the Constitution. I am fortified in my conclusion because the Constitutional Court addressed the meaning of the word "single" albeit in a different context. What the court held was that the word should not be interpreted to mean "exclusive".
I am of the view that there is nothing jurisprudentially unsound in conferring law enforcement responsibilities to any agency other than the SAPS. Moreover, the provisions of section 97(b) of the Constitution support that conclusion. (The recommendations as to how the shared mandate is to be managed are repeated in this regard.
My assessment is that much of the co-operation between the DSO and he SAPS occurs at the operational level and they have also co-operated in respect of some training exercises on an ad hoc basis. The on-site visit at the DSO's offices in Kwa-Zulu Natal suggests that at provincial level, there is a good relationship with the SAPS. The only problem is at national level, where the relationship is non existent.
Prior to the DSO being invited into NICOC, there was virtually no co-operation between the DSO on the one hand and the SAPS and the intelligence agencies on the other.
The national mandate for the co-ordination of crime intelligence rests with the crime intelligence division of the SAPS. Thus there is need for close co-operation between the division of the SAPS and the remaining members of the intelligence community to ensure the necessary sharing of information and to prevent duplication of their mandates. Such coordination does not exist between the DSO and any of the intelligence structures.
In the light of the Constitutional provisions, National Strategic Intelligence Act, and the mandate given to the Crime Intelligence division of the SAPS, the DSO is not empowered to gather crime intelligence as intended in the National Strategic Intelligence Act.
Upon the DSO's establishment it was supposed to make use of the existing intelligence structures, something that did not happen.
Under this term of reference the Commission was to look into various matters including matters related the rationalisation of resources; minimising undue duplication. It is my considered view that the nature of the resources required by these law enforcement agencies as well as the efficacy of the equipment that they use in what they do are matters which require expert knowledge and understanding. It is my view that the Commission could not discharge this task responsibly without such assistance and in the interest of time, I propose to address this aspect under my recommendations.
Accepting that there is a collective responsibility on all law enforcement agencies to make South Africa safe, I am of the firm view that the DSO's responsibilities under the law are congruent with that of the Commercial Organised Crime Unit of the SAPS and that such units, in general, should also be respected and should be furnished with the same equipment as well as the same legal powers in order to emulate the same successes of the DSO.
There are no systems of co-operation and co-ordination between the SAPS and DSO, in terms of which arrangement both agencies could be enabled to formally share their respective training methods in the investigation and combating of organised crime. This should be facilitated and encouraged and if need be, through legislation.
The use of multi-disciplinary structures, meaning, the use of prosecutors, intelligence operatives / analysts as well as investigators in a team effort is common in foreign jurisdictions. In countries such as the USA, multi-disciplinary structures ("Strike Forces") are created for specific purposes with various elements within it reporting to their respective authorities.
There is no legal impediment in having such a structure falling within a prosecuting service as long as the independence of prosecution is safeguarded. The prosecutor who is "embedded" in the investigation faces the challenge to still have the necessary "distance" to bring his or her mind to a dispassionate decision as to whether a particular matter is prosecutable or not.
Whatever the cogency of the argument that the prosecutors must be protected from work that may expose them to become competent and compellable witnesses, it is my considered view that the integrity of a particular prosecutor is a vital factor in the independence of his/her office. It is therefore crucial that the integrity of individual prosecutors be one of the cardinal issues to be closely determined and scrutinized in the appointment to that office.
At the relevant point in time, the body of the information and evidence strongly suggested a need by the government to have in place a coherent effective strategy in the fight against organised crime. Foreign jurisdictions that I visited in the course of the Commission's work also indicate a global trend towards creating instruments of a specialised nature in addressing and combating or mitigating the effects of organised crime. For instance, Britain was in the process of passing legislation to create the Serious Organised Crime Agency ("SOCA").
Whereas the recent statistics indicate some decline of criminal behaviour generally, I am not persuaded that the rationale for the establishment of the DSO has since disappeared to justify the translocation of the DSO to the SAPS.
The argument that the DSO was established as a temporary structure is not consistent with the body of evidence submitted before the Commission. I am satisfied that there is ample evidence indicating the contrary.
No cogent argument was offered indicating that the establishment of the DSO was meant to be a temporary structure as argued by, amongst others, SAPS and the Police, Prisons, Civil Rights Union ("POPCRU"). It is difficult to understand why the legislature would have incorporated into a statute, a structure whose purpose was meant to have a limited lifespan without including provisions specifically addressing the temporary status thereof.
Instead, the legislature expressly provided for transitional arrangements that were to address the interim period. Had the legislature intended the DSO to have a limited lifespan, it would have plainly so stated when making provision for the transitional arrangements under section 43A of the NPA Act.
The argument that the establishment of the DSO was to be a temporary structure is further undermined by the fact that the reading of the NPA Act clearly points to the contrary. There is instead, evidence that the incorporation of the DSO in the NPA was deliberate.
It must be remembered also that the amendment resulted in the integration in the DSO of other specialised directorates that were, till then, operating as separate investigating directorates within the NPA.
The argument that the DSO was established until such time as SAPS would have legitimised or transformed itself does not hold merit either. A careful consideration of all the evidence presented demonstrates that government was concerned that the capacity of the SAPS structures to deal with organised crime was suspect, in part, because of the corrupt elements that were within the SAPS structures and the transformation challenges it faced. The evidence now shows that the transformation challenges that faced the SAPS in the past have been radically mitigated. The SAPS of 1999 has been fundamentally and successfully transformed.
It is important to emphasize that the crime information analysis that the Minister for Justice and Constitutional Development seeks to rely upon for her contention in this regard is, with respect, unhelpful. This is so simply because the figures relied upon, for example, murder or robbery with aggravating circumstances does not indicate whether such figures relate to offences that were committed in an organised fashion. Accepting that the figures included offences committed in an organised fashion, it is interesting to note that the figure for drug related crime in 2001/2002 was 52.900 whilst in 2004/2005 the figure was 84.001. This shows an increase of approximately 33.9%. The statistical information forms part of the Commission's documentation.
It was argued that as the relationship between the DSO and the SAPS had irretrievably broken down, the DSO should be de-established and the resultant separation of prosecutorial and policing powers preserved.
Imperatives imposed on those institutions, in part, by section 41 of the Constitution to offer co-operation and co-ordinate their activities with one another. There is a compelling reason for these structures to co-operate as they are, in law, obliged to do.
I am also satisfied that there was broad consensus that a new independent structure was necessary to launch a fresh and comprehensive answer to the challenges presented by organised crime. It is my recommendation that despite indications that organised crime is being addressed on a concerted basis that the rationale for the establishment of the DSO is as valid today as it was at conception.
There is nothing impermissible in law to draft the legal mandate of the DSO as broad as it appears in the NPA Act. It is also permissible to have the DSO share the mandate to tackle organised crime with the SAPS. The formidable challenge is to manage tensions and conflicts that may arise from a shared mandate.
The nature of tensions associated with mandates that overlap suggests that apart from a ministerial structure which would be useful to determine policy directions, it would still be important to establish a committee with relevant individuals at the appropriate levels of authority who are able to deal with the day-to-day operational issues that are likely to arise and with sufficient mandate to resolve those.
I deal with possible solutions to address complications that may arise from a shared mandate elsewhere in the document.
The institutional tensions that are explained by the conduct of personalities that head these institutions are regrettable in the extreme. Serious measures need to be taken to ensure that these structures serve with a view to attain the objectives articulated by the legislature, as well as complying with their constitutional duties and functions.
It is undesirable that the DSO and its sister law enforcement agencies adopt a competitive relationship towards one another. My understanding of the responsibility of the executive arm of government is to have a common purpose in the enforcement of the laws of the nation.
I am mindful of the myriad of problems comprehensively dealt with by other submitters with regard to the shared mandate (DSO - SAPS) and the conflicts and further potential conflicts that the shared mandate presents. Notwithstanding this, I hold the view that tinkering with the legal mandate of the DSO is not likely to fundamentally eliminate these problems.
In my view, it is evident that even with a functional MCC; a structural lacuna would still exist between the operations of the MCC and the day-to day activities of the DSO. The nature of tensions associated with mandates that overlap suggests that apart from a ministerial structure which would be useful to determine policy directions, it would still be important to establish a committee with relevant individuals at the appropriate levels of authority who are able to deal with the day-to-day issues that arise and who would be empowered by the MCC, with a sufficient mandate to resolve these issues.
I am persuaded by the submissions of the SAPS and the DSO that a structure below the MCC would be an important instrument to create. Such a structure is to be called the Multidisciplinary Vetting Structure "the MVS" or the Operational Committee as suggested by the parties. The introduction of such a structure can effectively address the challenges that currently exist.
It is recommended that the MVS should be composed of the National Commissioner of SAPS [as the convenor], the Directors General of NIA and the South African Secret Service, the Head of the DSO, the representative of the SANDF, the representative of the Correctional Service, a representative from the financial sector, such as FIS and a representative from civil society appointed by the Minster of Justice and Constitutional Development.
The MVS should have the power to deal with matters such as: any abuse of power by the DSO; public announcement of the work that the DSO does, that at times borders on undermining the fundamental rights of the entities or individuals that are a subject matter of its investigations, and generally ensure that the DSO conduct its activities in compliance with the Constitution [This would exclude the veto power of the NDPP which is constitutionally unassailable.
The objectives of the MVS would include matters such as enhancing the operational cooperation between the relevant stakeholders; smooth inter-agency communication and to provide a framework for the sharing of information.
In addition to the responsibilities described above, the MVS may have powers to recommend policy guidelines and procedures referred to in section 31(1)(a),(b) and (c) of the NPA Act for consideration by the MCC; implement the decisions and guidelines of the MCC; advise the MCC regarding the determination of offences or categories of offences to be proclaimed by the President in terms of section 7(1)(a)(iii)(bb) of the NPA Act; authorise joint task teams in the investigation and prosecution of specific matters and more importantly refer cases to be investigated and prosecuted by the DSO as contemplated in section 31 of the NPA Act.
As international trends demonstrate, there are various strategies that can be deployed in dealing with overlapping mandates. The one avenue open is to look into a deadlock breaking mechanism. For instance, the DSO may have jurisdiction to conduct investigation and prosecution only of those cases that are referred to it by the MVS. All cases defined in the mandate of the DSO under the current legal regime would first have to be referred to the MVS for consideration and allocation. This process would confer immense powers on the MVS. There would therefore be a need to strengthen the MVS to do such work and to review the work of the two agencies in respect of organised crime.
Furthermore, the anomaly is that whereas the Independent Complaints Directorate ("ICD") has the statutory responsibility to investigate complaints against members of SAPS, it does not have jurisdiction relating to the members of the DSO who fundamentally do the same type of work as the SAPS. It may very well be that the ICD does not have authority to pronounce itself on the prosecuting element of the DSO without interfering with the constitutionally protected independence of the prosecutor within the DSO. However, it is recommended that the mandate of the ICD should cover the investigative component of the DSO.
More significantly, a de-confliction mechanism may be that the President exercises one of his constitutional powers. The Minister for Justice and Constitutional Development has identified the relationship between the DSO and that of the SAPS to have irretrievably broken down. The reasons for the breakdown are not as important as the viable solution to that problem. Under the present legal regime, the Minister for Justice and Constitutional Development is not only responsible for the NPA but is politically responsible for the work of the DSO which overlaps with the political responsibility of the Minister of Safety and Security regarding organised crime.
It is recommended that the President exercise the powers conferred on him by section 97(b) of the Constitution to harmonise this problem. Section 97(b) provides that the President may transfer to a member of the cabinet, any power or function entrusted by legislation to another member. With the exercise of this power the President may confer political oversight and responsibility over the law enforcement component of the DSO to the Minister of Safety and Security. Prosecutors, who work for the DSO, will continue to receive instructions and be accountable to the NDPP. The NDPP in turn will as currently provided, account to the Minister for Justice and Constitutional Development.
Thus it is my considered recommendation that the responsibility for the DSO- specifically its law enforcement component- should be placed on two cabinet ministers, namely the Minister for Justice and Constitutional Development and the Minister of Safety and Security. It is hoped that the aforesaid recommendation will facilitate co-operation between the two ministries in the functions of the DSO.
There was evidence suggesting that the DSO, in the discharge of its legislative mandate, does so through the use of private sector entities which are thereby likely to come in contact with sensitive intelligence. Whereas the DSO would be competent in terms of section 38 of the NPA Act, to solicit such private sector capability, where necessary, such a competence is one that must be exercised within the parameters of the law. I am of the firm view that whenever the DSO engages private sector entities to assist it in performing its duties, it must have such entities properly vetted by the NIA.
It is recommended that the NDPP must take immediate steps to ensure that the DSO is compliant with the provisions of section 19B of the NPA Act.
When the law requires that specific categories of personnel within the DSO must undergo security clearance, by NIA, it is the responsibility of the DSO to respect that legislative injunction. It is unacceptable that the DSO would expose matters of national security as envisaged in the NPA Act to officials who have not been properly accredited to handle such information.
It cannot be overemphasised that the DSO as a law enforcement agency and an organ of state is constitutionally bound to act within the law. It is enjoined by the Bill of Rights to respect the rights of every person including those who may fall within its target of investigation or prosecution.
I have also addressed that the Constitution provides that the intelligence services of the Republic, shall reside with such institutions as are established in terms of the Constitution. The legislature has decidedly conferred only information gathering powers to the DSO. In so far as the DSO's activities delve into intelligence gathering, and there has been evidence of this, such action goes outside its legislative competence. The DSO should act within the parameters of its legislative mandate and not impinge on the territory constitutionally assigned to other entities.
There is a cogent reason that impels various competencies to reside with intelligence agencies, the national prosecuting authority and the police. It is that reason that also necessitates greater co-operation and inter-dependence between and amongst these agencies. This should be encouraged.
It is not entirely inconceivable that the DSO resides within the Justice Department but the Minister for Justice and Constitutional Development must then take political accountability for the entire work of the DSO. The concerns expressed by the Minster of Justice in this regard are both comprehensible and explicable and are therefore valid. There is a need for legislative emendation to remedy this anomalous aspect of political responsibility. The President can rectify same in terms of section 97(b) of the constitution.
There is need to have functional co-ordination and co-operation structures that must preferably be documented protocols if not legislated to ensure the efficient discharge of the mandate of these law enforcement structures. The urgency thereof cannot be sufficiently emphasised.
The various intelligence structures appear to be effective.
The relevance of creating a structure such as the MVS or what the SAPS and the DSO entitle the'' Operational Committee'' to deal with co-ordination of operations will be an added tool to facilitate the efficacy of co-ordinating systems between and amongst the law enforcement structures.
In relation to the rationalisation of resources as well as minimising undue duplication, the reports considered pursuant to on-site inspections conducted on the DSO, the SAPS and NIA revealed that the matter requires people with extensive technical knowledge regarding the equipment utilised by these structures. There was some evidence of duplication of equipment amongst these structures. It is my recommendation that a suitably qualified person, with extensive technical knowledge in the field of intelligence, be engaged to specifically address the proper rationalisation and minimising duplication of resources, in a focussed erudite manner.
The law enforcement component of the DSO as well as the work of the SAPS relating to organised crime would, in my view, require substantially the same skills for its personnel.
It is my considered view that there may exist duplication in the resources that are channelled towards training by the DSO and the SAPS. It is my recommendation that the DSO and the SAPS streamline the training of their personnel to achieve greater efficiencies.
There were concerns expressed that the working of prosecutors with police such as is the case within the DSO, holds a real risk of compromising the independence of the prosecutors and ultimately may corrupt the objectivity of the prosecutors. The basis of this concern is that whereas the prosecutors would be members of the investigating team, they nevertheless owe a duty to a court of law, to place all information before the court including information that may exculpate the accused.
I have been advised that the DSO is alive to this risk and that, ineluctably, its prosecutors do not engage in aspects of the investigation that may tarnish their independence. It is also important to be mindful that the duty of the prosecutors to the court is an ethical obligation which goes beyond the desire to achieve a conviction in a particular case.
I am satisfied that the practice of housing multiple disciplines under one command structure is sound practice. The structure of the DSO in this regard, enhances a closer co-operation amongst the various disciplines. The one discipline benefits from the expertise of the other, making the cross-pollination an effective strategy in combating crime and ensures a return of higher conviction ratios.
I am satisfied that the rationale for locating the DSO under the NDPP and the Minister for Justice and Constitutional Development in 2002 still pertains.
Dr B. Minyuku (former Secretary) and Ms G. Ncongwane.
The regulation 6 appointments: Adv. IAM Semenya SC and Adv.
Adv. Y Mabule (Ms) and Adv. H Du Preez.
The support services: Mr C Tshabalala; Mr N Sihlangu; Mr K Kganyago; Adv. P Ngutshana & Adv N Mayet; Members of the VIP Protection Unit (Static and the In-transit) and Commissioners, Luke and Tokoe.
The Principal Stakeholders: The Office of the President; Dr De Wee: Chief Operations Officer from the Department of Justice; The Minister for Justice and Constitutional Development; The Minister for Intelligence Services; The Director General- Department of Justice; The Directorate of Special Operations/the National Prosecuting Authority; The South African Police Services; The National Intelligence Agency; The Inspector-General for Intelligence; The Joint Standing Committee on Intelligence; The National Intelligence Co-ordinating Committee.
Rights Union; The African National Congress Women's League (submission later withdrawn); The Democratic Alliance; The Inkatha Freedom Party.
Individual Submitters: Prof. Kader Asmal; Ms F Chohan; Mr M Montesh; Mr G O Hollamby; Mr H Aziz; Messrs R and G Kebble; Mr K Groenewald; Mr C Addington; Mr C R C Marion; Mr F M Oehl; Prof. M Makgoba and Prof. Mokgalong.
The Local Experts: University of South Africa; University of KwaZulu-Natal; University of Limpopo; Walter Sisulu University; University of Zululand; University of Johannesburg and University of Pretoria.
The International Experts & Law Enforcement Agencies The Metropolitan Police, London, Scotland Yard; the Serious Fraud Office; the Crown Prosecution Services; the Serious Organised Crime Agency (U.K) and the Federal Bureau of Investigators - FBI.
The Diplomats: South African Ambassador to the United States of America, Her Excellency: Barbara Masekela; South African High Commissioner to the United Kingdom, Her Excellency, Lindiwe Mabuza; Consular General , New York: Ms Fikile Magubane.
<fn>GOV-ZA.2008adminjusticeEn.2012-02-10.en.txt</fn>
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Get more weather details...
After being elected as Executive Mayor of Chris Hani District Municipality Mxolisi Koyo has now set his sights at building and maintaining relations with stakeholders in the district.
Representatives from various business sectors and media have been invited to a Stakeholder Engagement Breakfast that will be held at the CHDM premises on 14 July 2011 from 07:00 - 09h00.
Chris Hani District Municipality. All rights reserved. Copyright 2011.
Results: 1 to 20 of 62 (104467 searched in 0.298.
<fn>GOV-ZA.2008aprEn.2012-02-10.en.txt</fn>
Filippus Letladi Mminele (Posthumous): For his outstanding and tireless contribution in the field of education and for his religious perspective that made this service possible.
Zodwa Mqadi: For her outstanding contribution to community work and caring for needy and vulnerable children.
Rebecca Beka Ntsanwisi: For her outstanding contribution to health education, youth development and upliftment of the lives of communities in rural villages.
Raymond "Bill" Hoffenberg (Posthumous): For his excellent contribution to the advancement of medicine and opposing apartheid policies.
Theo Kotze (Posthumous): For his excellent contribution to the struggle against the injustices of the apartheid system.
Ruth Machobane: For overcoming her sight challenges to record excellent achievements and for motivating and empowering visually impaired people.
Winston Hugh Njongonkulu Ndungane: For his excellent contribution to the struggle against apartheid and striving for a world free of wars, poverty and inequality.
Wiseman Lumkile Nkuhlu: For his excellent contribution to the struggle against apartheid and contributing to the African Renaissance.
Franklin Sonn: For his excellent contribution to education and the course of justice in South Africa.
Sir Sydney Kentridge: For his exceptional contribution to the fight against unjust apartheid laws and embracing the vision of a non-racial, non-sexist, free and democratic society.
Chief Justice Pius Langa: For his exceptional service in law, constitutional jurisprudence and human rights.
Himan Bernadt (Posthumous): For providing legal defence to anti-apartheid activists and excellent contribution in advancing justice and human rights in the legal field.
Jean Bernadt: For her excellent contribution to the struggle against gender oppression.
Bertha Nonkumbi Gxowa: For her excellent contribution to the trade unions and political struggle against apartheid.
Josiah Jele: For his excellent contribution to the fight against the apartheid system in South Africa.
Zolile Malindi: For his excellent contribution to the trade-union movement and political struggle against apartheid.
Barbara Masekela: For her excellent contribution to the eradication of apartheid and contributing to the development of the new South African values.
Nana Henrietta Moabi: For her excellent contribution to the fight against racial colonialism in South Africa.
Billy Modise: For his excellent contribution to the achievement of a South Africa free of racial oppression and to the building of a non-racial, non-sexist and democratic South Africa.
Mlungisi Griffiths and Victoria Nonyamezelo Mxenge (Posthumous): For their excellent contribution to the field of law and sacrifices made in the fight against apartheid oppression in South Africa.
Magdalene "Maggie" Resha (Posthumous): For her excellent contribution to the struggle against the apartheid system in South Africa and fighting gender injustices in society.
Vesta Smith: For her excellent contribution to the struggle against apartheid and for her tireless involvement in the community around her.
Chanderdeo "George" Sewpershad (Posthumous): For opposing the apartheid regime and striving for the ideals of a non-racial, non-sexist, just and democratic South Africa.
James Arthur Calata (Posthumous): For his exceptional contribution to music, theology and activism against injustice.
Robert Resha (Posthumous): For his exceptional contribution to the achievement of a non-racial, non-sexist, just and democratic South Africa.
Walter Rubusana (Posthumous): For his exceptional contribution to the arts, the enrichment of the isiXhosa language and African literature.
Linda Biehl: For displaying outstanding spirit of forgiveness in the wake of the murder of her daughter and contributing to the promotion of non-racism in post-apartheid South Africa.
Jerry Dunfey: For supporting the struggle for a free, just and democratic South Africa and contributing to the ideals of peace and justice in the world.
Ronald Verni Dellums: For excellently striving for self-development and knowledge in the face of institutional racism in the United States of America (USA) and contributing to international pressure on apartheid South Africa.
Harold George Belafonte: For his excellent contribution to the struggle against racial oppression, dedicating his life to the humanitarian course and contributing to the arts of music and cinematography.
Vengalil Krishnan Krishna Menon (Posthumous): For excellent contribution to the fight against colonialism and the apartheid system in South Africa.
Philip Potter: For excellent contribution to peace, justice, non-racism and equality in the world through the vehicle of Christianity and leading efforts to develop the theological consensus document Baptism, Eucharist and Ministry, which was part of a campaign against apartheid in South Africa.
Per WÄstberg: For his excellent contribution to the fight against colonialism in Africa and apartheid in South Africa.
Chief Emeka Anyaoku: For his exceptional contribution to the struggle for freedom, justice and democracy in South Africa and on the African continent and for persistent efforts to promote the attainment of democracy and good governance on the African continent.
Last modified: 18 April 2008 09:04:13.
<fn>GOV-ZA.2008aug2En.2012-02-10.en.txt</fn>
Such increases demonstrate that more South Africans are being exposed to information and communications technology (ICT).
established in terms of Section 58 of the Telecommunications Act, 1996. The main role of the agency is to promote universal service and access to ICTs and services for all South Africans. It also facilitates and offers guidance in evaluating, monitoring and implementing schemes, which propose to improve universal access and service. In addition, it is involved in setting up telecentres, which provide ICT services, especially in rural areas, on a cost-recovery basis.
and other media.
The independence of the public broadcaster, the South African its mandate.
Radio broadcasting in 11 languages, reaching an average daily adult audience of 19 million.
<fn>GOV-ZA.2008augEn.2012-02-10.en.txt</fn>
NB: The Social, Justice, Crime Prevention and Security (JCPS) and International Relations, Peace and Security (IRPS) Clusters are still to be confirmed.
Last modified: 28 October 2008 14:28:44.
<fn>GOV-ZA.2008dvguidelinesEn.2012-02-10.en.txt</fn>
(d)(i) Clearly explain to the respondent the effect of the order, viz permanency that can only be set aside by way of variation procedure or on appeal or review.
(d)(iv) Should advise the respondent of the alternative forum for adjudication on propriety issues.
The same principles apply to the setting asideor variation of a final order.
Where a breach of a protection order has been committed, the following issues should be taken into consideration.
the social context of the applicant and the accused.
Relations should be strengthened with correctional service to closely monitor domestic violence cases (pending investigations).
Periodic supervision or monitoring can be used as a condition of bail.
The court must inform the accused that the protection order is still in effect during the course of investigation into the matter of the accused's breach. Any other contraventions of the protection order will constitute an additional charge of breaching the order.
The court must inform the complainant that the protection order is still in effect and that she/he must report any additional contraventions of the protection order.
which provides that the accused shall be placed under the supervision of a probation officer or correctional official.
or court management meetings.
Is the applicant advised that an interim order and warrant of arrest will be released on return of service?
<fn>GOV-ZA.2008dvisindebelebrochureEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2008dvisiswatibrochureEn.2012-02-10.en.txt</fn>
On behalf of the Presidency please allow me to extend my best wishes to all South African Muslims who today have begun fasting for the month of Ramadaan. This is a month in which all South African Muslims, and Muslims around the world seek to draw closer to Allah by fasting, reciting the Quran, reflecting on its meaning and increasing acts of kindness and sharing. From everyone in the Presidency to all Muslims in South Africa and around the world we say: Ramadaan Mubarak.
URL: http://www.info.gov.za/speeches/2007/07091316451002.
<fn>GOV-ZA.2008febEn.2012-02-10.en.txt</fn>
NB: 2010 Soccer World Cup briefing is still to be confirmed.
Last modified: 07 August 2008 15:42:10.
<fn>GOV-ZA.2008hivreporttitleuptotableofcontsoct2009En.2012-02-10.en.txt</fn>
The Information contained in this report may be freely quoted, distributed and reproduced, provided that the source is acknowledged, and it is used for non-commercial purposes.
Suggested citation: Department of Health, 2009.
2008 National Antenatal Sentinel HIV and Syphilis Prevalence Survey, South Africa.
Fax: 012 312 0815 www.health.gov.
South Africa has almost two decades (1990 -2008) of good sentinel surveillance data that assists in monitoring the HIV epidemic trends in the 15 -49 years old female population. At the end of 2007, the estimated prevalence of HIV in the general adult population was 17.5 %. The Government has responded to the HIV and AIDS epidemic by facilitating a multi-sectoral approach to implement and monitor appropriate treatment, prevention, care and support interventions. The Ministry of Health has played a leading role in these efforts, including the provision of strategic information for monitoring the magnitude of the HIV and AIDS epidemic. South Africa has one of the largest HIV sentinel surveillance systems in the world. Since 1990, the Department of Health has monitored the HIV epidemic using this surveillance system. Currently the HIV sentinel survey is carried out in 1 457 sentinel sites strategically located in all the 52 Health Districts targeting 36 000 pregnant women seeking antenatal care for the first time during the current pregnancy within the survey period.
The HIV sentinel surveillance data has helped to map the epidemic and monitor HIV infection trends in the country and has served as an advocacy tool, resulting in the mobilization of partners, resources and development of innovative approaches by the national response to HIV and AIDS. The 2008 HIV survey was the 19th round to be conducted in the country.
The South African antenatal clinic survey is done annually in October to obtain an estimate of the point prevalence for that year. The estimated prevalence of HIV infections among pregnant women aged 15 -49 and seeking care in public health clinics in South Africa has been stable over the last 3 years. The information from this survey was used to estimate the rate of new HIV infections (incidence) and HIV-associated deaths are derived through mathematical models applied to HIV prevalence estimates.
The 2008 Survey was conducted in 52 health districts. Antenatal HIV sentinel surveillance involved collection of 33 927 intravenous blood samples from pregnant women at their first antenatal visit served in 1 457 public health clinics over a 4-week period. The blood samples were screened using the Enzyme Linked Immuno Sorbent Assay (ELISA) test and the Rapid Plasma Reagin (RPR) card test.
Given that the sentinel sites were chosen on a probability proportional to size basis, the districts were self-weighting and the estimates of provincial level prevalence were simply calculated as the total of the results from the districts in the provinces. The national prevalence was then estimated as a weighted average of the provincial prevalence estimates weighted according to the total number of women aged 15 -49 years in each province using the 2008 mid-year population estimates.
The overall national HIV prevalence among ante-natal women aged 15 -49 years in the 2008 ANC survey, measured using the parallel test algorithm, was 29.3% (95% CI: 28.5% - 30.1%). The occurrence of the HIV infection nationally has stabilized at around 29.0% from 2006. In 2007, the HIV prevalence estimate among first visit antenatal attendees was 29.4% (95% CI: 28.5 - 30.1).
Nationally, women in the age group 30 -34 years still have the highest prevalence, with a prevalence of 40.4% in 2008 compared to 39.6% in 2007. The HIV prevalence among the 15 -24 years old (which is the Millennium Development Goal 6, Target 7 indicator 18) was 21.7% in 2008 compared to 22.1 % in 2007 a decline of 0.4%. There is a slight increase in HIV prevalence among young women in the age group 15 -19 years from 13.1% in 2007 to 14.1% in 2008. The HIV prevalence has remained stable among women aged 25 years and above.
The highest HIV prevalence of 38.7% (CI: 37.2% - 40.1%) in 2008 was seen in the province of KwaZulu-Natal and the lowest estimate of 16.1% (CI: 12.6% - 20.2%) was noted in the Western Cape Province. Free State, Mpumalanga and the Western Cape provinces showed a slight increase in HIV prevalence, while KwaZulu-Natal, North West (which had prevalence above 30%) Northern Cape and Limpopo provinces remained static. Gauteng province is showing a tendency towards a decrease, although this is not statistically significant. Mpumalanga province is the only province in the country that continues to show some evidence of an increase in HIV infection from 32.1% in 2006 to 34.6% in 2007 to 35.5% in 2008.
District HIV prevalence has only been reported since 2006 when the geographic coverage of sentinel sites was increased and the sample size doubled. There was a considerable variation in HIV prevalence between the 52 health districts observed over the three year period 2006-2008, particularly where the sample size in a district is small, making it difficult to discern any trends. However, the following inferences can be made viz: Fezile Dabi and Xhariep districts in the Free State are showing an increase, whereas Amajuba in KwaZulu-Natal is showing a decrease in HIV prevalence over the past three years, Dr Ruth S. Mompati in North West, Sekhukhune in Limpopo, Sisonke and uThukela in KwaZulu-Natal showed a slight increase, while Bojanala in North West, Waterberg in Limpopo and West rand in Gauteng showed a slight decrease over the last three years.
In addition the districts are clearly heterogeneous with respect to the epidemic, with prevalence ranging from a high of over 45% to a low of around 5%. When data are pooled over the three years this heterogeneity persists.
A regression analysis of determinants of HIV positive status in the survey participants using the demographic and laboratory information showed that the most significant determinant factor was age. Splitting the sample at an age of 21 years, the women less or equal to 21 years have HIV prevalence of 16.8% compared the 34.8% of women 22 years and older. This split of the overall group with prevalence of 29.2% has identified a younger subgroup that has a much lower prevalence. No further splits were identified in this group of young women. In the older age-group the next split was on race. An African subgroup (37.6%) is identified versus the rest (6.8%) of White, Asian and Coloured women which has a low prevalence and no further splits were identified in this subgroup of participants. One important observation from the regression analysis was that women having a syphilis co-infection is not a strong predictor for HIV status.
The HIV prevalence of 29.3% in 2008 is in line with the prevalence observed in the two previous years. To avoid a resurgence of the HIV and AIDS epidemic in South Africa, HIV prevention efforts need to be urgently strengthened and sustained. Furthermore, ecological correlations between the trends in HIV prevalence and behavioural changes that will focus on reducing the incidence of infection exposure factors, especially in districts that record more than 30% HIV prevalence, is warranted. Further in-depth epidemiological investigations on what could be causing the interjectory between the districts and between provinces in the identified epicentres could assist in understanding the different patterns of the transmission potential of the virus.
One of the greatest health challenges threatening the human race in our time is the HIV and AIDS pandemic. The UNAIDS, estimates that in 2008 there were 5,3 million South Africans infected with the virus, of which 3 million were women above 15 years and 220 000 were children. The impact of deaths due to AIDS-related illnesses is a tragic reality experienced by families, communities and the nation at large. It is for this reason that government has prioritized strengthening HIV prevention interventions to curb incidence and morbidity and is committed to providing universal access to treatment for all those affected, in order to reduce premature deaths due to AIDS.
South Africa with so many millions of people living with the HI virus, face both institutional and human resource capacity challenges to provide treatment, care and support. This is compounded by the simultaneous resurgence of the TB epidemic and Drug Resistant pathogens. There is however, a high level of political commitment and will to ensure that we realize the implementation of the National Comprehensive HIV and AIDS Care, Management and Treatment Plan (2003), but this will require additional public health technical capacity to address the capacity shortfall that continues to hamper acceleration of the public sector efforts to mitigate the HIV and AIDS epidemic.
The antenatal HIV and syphilis prevalence survey is one of the epidemiological tools used by the Department of Health to monitor the epidemic trend. This survey has been conducted annually in South Africa since 1990. It is one of most robust HIV surveillance methods that target the 15 to 49 year old antenatal women who come for a first booking at an antenatal care facility in the public health sector.
The findings from the 2008 survey supports observations that the HIV prevalence is stabilizing in the general adult population when comparing the South African profile to other countries considered to have a generalized epidemic. This survey, further provides evidence that South African women are at highest risk of contracting the HI virus, for a number of reasons, including gender inequality, high geographic mobility and extensive migrant labour. These require further epidemiological in-depth investigation, but can easily be shown when one looks at the location of the HIV epi-centres and the distribution of HIV by health districts (provided in this report).
Furthermore, the results show that there is wide variation in HIV prevalences between provinces, in the age groups over 19 years, from 16.1 % in the Western Cape to 38.7% in KwaZulu-Natal. There is significant variation in HIV prevalences by district over the past 3 year period. For the first time HIV prevalence trends have been reported down to the district level in South Africa. District HIV prevalence results show heterogeneity with respect to the spread of the epidemic, with prevalences ranging from 2.2% in Namakwa (NC) to 45.7% in uMgungundlovu (KZN).
This 2008 report is recommended for use in monitoring progress towards achieving the Health related MDG Goals and providing data for policy planning for strategic HIV and AIDS intervention programmes. National and international stakeholders can use the 2008 antenatal survey data in developing relevant strategies based on evidence provided herein. We acknowledge the complex responsibility of continuing to provide this important data as we strive to improve our efficiency in providing appropriate interventions, strategies for HIV prevention, management and control of AIDS related morbidity and prevention of premature AIDS related deaths in our country.
I would like to extend my appreciation to all nurses in the public health clinics for their continued dedicated support over the past 19 years in the implementation of this survey and collection and handling of blood specimens. Thanks also to the provincial survey coordinators: Ms. V. Poswayo, Mr. Z. Merile and Mr. T. Dlamini (EC), Mr. M. Toli (FS), Dr. M. Likibi (GP), Mr. S. Dlamini (KZN), Mr. E. Maimela (LP), Mr. M. Machaba (MP), Mr. M. Khumalo (NC), Ms. S. Malakane (NW), Dr. T. Naledi and Dr. A. Dearham (WC), and their teams who spear-headed the coordination of the survey in the respective provinces and districts.
Gratitude is also extended to the testing laboratories and coordinators: Ms. Y. Gardee (PE), Mr. L. Hildebrand (Pelonomi), Mr. E. Maselesele (NICD), Mr. B. Singh (UKZN), Mr. T.J. Chephe and Mr. P. P. Phatodi (MEDUNSA), Ms. L. Booyens (Middleburg), Mr. B. Motlonye (Kimberley Hospital) and Mr. T. Stander (Stellenbosch University) and all staff at these laboratories.
Special thanks goes to the National Department of Health's coordinating team, in particular Dr. Thabang Mosala, Director Epidemiology and Surveillance, for her technical and managerial direction of the survey and compiling of this report; the Epidemiology and Surveillance Directorate staff, especially Ms. Manti Maifadi, for taking the lead in coordinating the survey, Mr. Mashudu Rampilo for compiling the graphs, Mr. Patrick Hlungwani, Ms. Mantokeleng Matsaneng, Ms. Mokgadi Thoka and Ms. Stephina Tshelane for providing technical support visits to the provinces, Ms. Audrey Mbatha from National Health Information Systems Directorate for compiling the GIS maps for this report and finally, to Ms. Corrie Nagel, Ms. Norah Moakamedi, Ms. Minda de Jong and Ms. Tinyiko Maluleke for their administrative support.
The department also acknowledges and expresses gratitude for the technical support shared by the HIV Surveillance Expert Task Team members who advised and assisted in the analysis and interpretation of the results, namely: Prof. Carl Lombard (MRC), Prof. Rob Dorrington (UCT), Dr. Eleanor Gouws (UNAIDS), Mr. Henry Damisoni (UNAIDS), Prof. John Hargrove (SACEMA), Prof. Thomas Rehle (HSRC), Mr. Jude Padayache, Dr. Rose Mulumba (JSI), and Dr. Adrian Puren (NICD).
Finally, very special thanks to all the women who agreed to participate in the survey and made this report on HIV and Syphilis trends possible.
INTRODUCTION 1 1.1 General objective 1 1.2 Specific objectives 2 2. METHODOLOGY 3 2.1 Survey design 3 2.2 Preparatory phase 3 2.
Sample size and sampling period 4 2.4 Data and sample collection 5 2.
Quality control 6 2.
Calculation of confidence intervals and regression analysis 7 2.7 Monitoring of the implementation of the survey 8 3. RESULTS 9 3.1 Distribution and characteristics of survey participants 9 3.2 National HIV prevalence trends 11 3.3 National HIV prevalence by age 12 3.4 HIV prevalence distribution by province 13 3.5 HIV prevalence distribution by district, 2008 15 3.
The Western Cape Province 35 3.7 2008 HIV prevalence distribution by district 37 4. NATIONAL SYPHILIS PREVALENCE 39 4.1 Syphilis prevalence by province 39 4.2 Syphilis prevalence by age 41 4.3 Regression analysis and determinants of HIV infection 42 5. EXTRAPOLATION OF HIV INFECTION TO THE GENERAL POPULATION 43 6. DISCUSSION 45 7. CONCLUSIONS AND RECOMMENDATIONS 51 8. LIST OF REFERENCES 54 9.
Figure 1: Geographic location of sentinel sites for the 2008 HIV and syphilis prevalence survey.
Figure 2: HIV prevalence trends among antenatal women, South Africa, 1990 to 2008.
Figure 3: HIV prevalence epidemic curve among antenatal women, South Africa, 1990 to 2008.
Figure 4: The three data set points showing the plateuing of the HIV curve, 2006 to 2008.
Figure : HIV prevalence trends among antenatal women by age group, South Africa, 2006 to 2008.
Figure 6: HIV prevalence distribution among antenatal women by province, South Africa, 2008.
Figure 7: HIV prevalence trends among antenatal women by province, South Africa, 2006 to 2008.
Figure 8: HIV prevalence distribution among antenatal women by district, 2006, 2007, 2008& average HIV prevalence estimates for 2006, 2007 and 2008.
Figure 9: HIV prevalence epidemic curve among antenatal women, KwaZulu-Natal, 1990 to 2008.
Figure : HIV prevalence among antenatal women by district, KwaZulu-Natal, 2006 to 2008.
Figure 11: HIV prevalence distribution among antenatal women in KwaZulu-Natal by district, 2008.
Figure 12: HIV prevalence epidemic curve among antenatal women, Mpumalanga, 1990 to 2008.
Figure 13: HIV prevalence trends among antenatal women by district, Mpumalanga, 2006 to 2008.
Figure 14: HIV prevalence distribution among antenatal women by district, Mpumalanga, 2008.
Figure : HIV prevalence epidemic curve among antenatal women, Free State, 1990 to 2008.
Figure 16: HIV prevalence trends among antenatal women by district, Free State, 2006 to 2008.
Figure 17: HIV prevalence distribution among antenatal women by district, Free State, 2008.
Figure 18: HIV prevalence epidemic curve among antenatal women, Gauteng, 1990 to 2008.
Figure 19 HIV prevalence trends among antenatal women by district, Gauteng, 2006 to 2008.
Figure : HIV prevalence distribution among antenatal women by district, Gauteng, 2008.
Figure 21: HIV prevalence epidemic curve among antenatal women, North West, 1990 to 2008.
Figure 22: HIV prevalence trends among antenatal women by district, North West, 2006 to 2008.
Figure 23: HIV prevalence distribution among antenatal women by district, North West, 2008.
Figure 24: HIV prevalence epidemic curve among antenatal women, Eastern Cape, 1990 to 2008.
Figure : HIV prevalence trends among antenatal women by district, Eastern Cape, 2006 to 2008.
Figure 26: HIV prevalence distribution among antenatal women by district, Eastern Cape, 2008.
Figure 27: HIV prevalence epidemic curve among antenatal women Limpopo, 1990 to 2008.
Figure 28: HIV prevalence trends among antenatal women by district, Limpopo, 2006 to 2008.
Figure 29: HIV prevalence distribution among antenatal women by district, Limpopo, 2008.
Figure : HIV prevalence epidemic curve among antenatal women, Northern Cape, 1990 to 2008.
Figure 31: HIV prevalence trends among antenatal women by district, Northern Cape, 2006 to 2008.
Figure 32: HIV prevalence distribution among antenatal women by district, Northern Cape, 2008.
Figure 33: HIV prevalence epidemic curve among antenatal women, Western Cape, 1990 to 2008.
Figure 34: HIV prevalence trends among antenatal women by district, Western Cape, 2006 to 2008.
Figure : HIV prevalence distribution among antenatal women by district, Western Cape, 2008.
Figure 36: HIV prevalence trends among antenatal women by district, South Africa, 2008.
Figure 37: National syphilis prevalence trends among antenatal women, South Africa, 1997 to 2008.
Figure 38: Syphilis prevalence trends among antenatal women by province, South Africa 2006 to 2008.
Figure 39 National syphilis prevalence trends among antenatal women by age group, South Africa, 2006 to 2008.
Figure : Comparison of the HIV prevalence estimates in the adult population, UNAIDS; ASSA, and HSRC 2008.
Figure 41: The distribution and demand of ARV accredited sites in South Africa.
Figure 42: Provincial comparison of HIV with syphilis prevalence, South Africa 2008.
Figure 43: Adult (aged 15-49 years) HIV prevalence estimates in Sub-Saharan African countries, 2001 to 2007.
Table : Sample population distribution by age group 2006 to 2008.
Table : Sample population distribution by race 2006 to 2008.
Table : Demographic characteristics of the sample population by province, 2006 to 2008.
Table : HIV prevalence among antenatal women by age group, South Africa, 2006 to 2008.
Table : HIV prevalence among antenatal women by province, South Africa, 2006 to 2008.
Table : HIV prevalence among antenatal women by district, KwaZulu-Natal, 2006 to 2008.
Table : HIV prevalence among antenatal women by district, Mpumalanga, 2006 to 2008.
Table : HIV prevalence among antenatal women by district, Free State, 2006 to 2008.
Table : HIV prevalence among antenatal women by district, Gauteng, 2006 to 2008.
Table : HIV prevalence among antenatal women by district, North West, 2006 to 2008.
Table : HIV prevalence among antenatal women by district, Eastern Cape, 2006 to 2008.
Table : HIV prevalence among antenatal women by district, Limpopo, 2006 to 2008.
Table : HIV prevalence among antenatal women by district, Northern Cape, 2006 to 2008.
Table : HIV prevalence among antenatal women by district, Western Cape, 2006 to 2008.
Table : Syphilis prevalence among antenatal women by province, South Africa, 2006 to 2008.
Table : HIV Estimates for South Africa, UNAIDS, ASSA AND HSRC, 2008.
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There are an estimated 33 million people living with the HI virus worldwide. Of these, twothirds live in countries south of the Sub-Saharan Africa. In addition, out of the estimated 2.5 million new infections occurring globally, two thirds are also in sub-Saharan Africa (UNAIDS, 2007).
It is estimated that South Africa is one of the countries with the largest number of HIV infections in the world. In 2008, UNAIDS estimated that there were 5.3 million 4.
5.7 million people living with HIV. The HIV prevalence data collected from the latest round of antenatal clinic surveillance suggests that HIV infection levels among the adult female population might be leveling off, with prevalences among pregnant women at 29.1% in 2006 and 29.4% in 2007.
It is for this reason, that the Department of Health (DoH) strategic focus to strengthen HIV prevention and AIDS related disease management and control remains one of the priorities of the South African government. The country has adopted a multi-sectoral strategic approach in dealing with the spread of HIV and mitigating the impact of AIDS related morbidity and mortality. This approach ensures that all relevant stakeholders play an active role in combating HIV and AIDS in their areas of comparative advantage, with the DoH providing a lead role.
The general objective of the 2008 National HIV and Syphilis Prevalence Survey is to monitor the epidemic and provide HIV prevalence data for planning, monitoring and evaluation of HIV and AIDS response activities.
To determine the National HIV and syphilis prevalence among the female population of 15 -49 years in the country using pregnant women attending antenatal clinics in public health institutions as proxy.
To determine the distribution of HIV and syphilis infection among pregnant women attending antenatal clinics by province, district and age.
To monitor the trend of HIV and syphilis infection in the country over time.
To project and extrapolate HIV prevalence in the 15 -49 year old female to the general population e.g. children, men and those who need treatment.
To make information available for policy-planning, focused strategic programmes, advocacy, and evaluation of impact of ongoing interventions.
This report presents the results of the 2008 National Antenatal Sentinel HIV and Syphilis Prevalence Survey and trends in HIV and syphilis over the years. The results will provide a basis for the projection, estimation of the epidemic and measurement of HIV and AIDS impact in the general population.
The 19th National Antenatal HIV and Syphilis Prevalence Survey was conducted in all the nine provinces of the country using the standard unlinked and anonymous methodology (WHO/UNAIDS) in October 2008. The survey is used as a proxy to estimate the trend in the prevalence of HIV and syphilis among pregnant first bookers aged 15 -49 years served in public health facilities. A total of 33 927 pregnant women participated in 2008 compared to 33 685 in 2007. The women were recruited from 1 457 sentinel sites.
The South African annual antenatal HIV surveillance survey is an anonymous, unlinked, cross-sectional survey targeting 15 -49 year old pregnant women attending antenatal clinics in the public health sector. Only first-time attendees were recruited, to minimize the chances of any woman being included more than once. Since 2006, this survey has expanded its sample population to target 36 000 pregnant women from 1 457 clinics compared to 16 510 women recruited from 339 clinics in 2005 (see Figure 1). This has expanded geographic coverage considerably to include representativity in all 52 health districts in all the nine provinces.
The protocol and methodology were reviewed with all provincial survey coordinators. In addition, pre-2008 survey workshops were held at the National Department of Health as well as in all nine Provincial Health offices before the scheduled commencement date of the survey. Participants in these workshops included provincial and laboratory coordinators, health information officers, data capturers, and facility nurses. The training covered criteria for selection of the sites, recruitment of pregnant women, data administration, blood sample collection, labelling, coding, storage of samples, sample transportation, syphilis and HIV testing, confidentiality and ethical issues, supervision and quality assurance procedures.
This study was conducted as an unlinked anonymous survey amongst pregnant women who attended public health antenatal clinic services for the first time during the current pregnancy. The demographic details of the participants, with the exception of any particulars from which it may be possible to ascertain the identity of a patient, were collected using a standardized collection form. A unique bar code was allocated to each of the participants and it is this number that was recorded on the form and also used for labelling the blood samples. The bar code was used to link the demographic information with the lab results while maintaining anonymity of the survey participant.
The selection of sites was based on the geographical distribution taking into account all the nine provinces and 52 districts of the country, presence of antenatal care services, existence of facilities for storing of blood specimens, availability of transport to allow for samples to be taken to the laboratory, the ability and willingness of antenatal care providers to cooperate and participate in the survey. The geographical location of the sentinel sites is shown in Figure1.
Overall a proportional sample by district was drawn using the first time antenatal clinic attendees as obtained from the District Health Information System (DHIS) as a measure of size. This allowed for establishing the plausibility of the number of proposed samples to be collected at facility level.
The selection of eligible sentinel sites within a district was based on the Probability Proportional to Size (PPS) sampling method. Since the sampling period in each facility was the same this produced a self-weighting sample for each district.
A total of 36 000 pregnant women were target in this survey. In order to obtain an estimate of the point prevalence and to assess trends over time, sample collection from all the sites started on 1st October 2008 and ended on 31st October 2008.
Participation in the survey was voluntary, with informed consent for answering the questions on the forms and for collecting the blood samples. For reasons of confidentiality, testing was done on anonymous unlinked samples, in large batches. Syphilis screening is routinely done in the ANC clinics. Hence, syphilis screening was used as an entry point for HIV testing using anonymous unlinked procedures. One blood sample was taken by venous puncture and stored at 4ºC. The corresponding data collection form (Appendix A) with the woman's demographic details was labelled with the same bar code number. At the close of each day the supervisors checked the forms against the blood samples for any mistakes and for completeness. The samples, together with the forms, were transported in a cooler box to the participating provincial laboratory where HIV and syphilis testing was done.
Several measures were put in place to ensure that the results were valid and reliable. Internal quality control for ELISA and RPR tests was the responsibility of each individual participating laboratory. The National Institute for Communicable Diseases (NICD) and the Medical University of Southern Africa (MEDUNSA) served as external quality control institutions for HIV and syphilis respectively.
Raw data was captured at provincial level, using Microsoft Excel. Data cleaning was done by running all frequencies, identifying missing and duplicate records, entering missing records, deleting duplicate records and filling in missing data. Records, for which the age, facility and district name was not available, were removed from the dataset that was to be analyzed. Records, which did not have a confirmed HIV result, were also removed from the database and thus not analyzed. In this survey, 127 out of 33 927 samples were excluded from the analysis because of missing data. STATA statistical software package was used for validation and survey analysis. The analysis was mainly descriptive and focused on determining national, provincial, district and age group specific prevalence rates of HIV and syphilis. 95% confidence intervals were estimated for all the prevalence estimates and these estimates were adjusted for the complex survey design.
The national estimate was weighted using the same weighting procedure as previous years, i.e. according to the total number of women aged 15 -49 years in the different provinces using the STATSSA mid-year population estimates for 2008. Given that the sentinel sites were chosen on a probability proportional to size basis by district, the sampling period was fixed and the districts are self-weighting, the provincial prevalence estimates were simply calculated as the total of the results from the districts in the provinces.
For the 95% confidence intervals, the normal approximation to the binomial distribution was used. In a few cases where the sample size or prevalence was small, the exact binomial calculation was used.
HIV status - either positive or negative by splitting the original sample at an estimated cut point of the variable in the data that delivers the largest differential between the two new nodes in terms of HIV positive status. The process then continues in each new node until a stopping criterion is reached.
This model identifies interesting subgroups - interactions which cannot be spotted by other methods such as logistic regression. The sample size of 33 800 was ideal for this method.
Monitoring of the implementation of the survey was conducted by technical teams from National, Provincial and District Health offices. This involved regular visits to sentinel sites, laboratories as well as addressing challenges arising during field execution.
A total of 33 927 out of the targeted 36 000 pregnant women attending antenatal care (ANC attendees) at selected public health facilities in the nine provinces in the country participated in survey during the month of October 2008. The sample population realization rate was 94.2 %. The analysis was done on 33 800 samples where 127 were excluded from the analysis because of missing data. The women were recruited from 1 408 in ANC clinics 2007 and 1 457 ANC clinics in 2008.
Table 1: Sample population distribution by age group, 2006 to 2008.
Not specified 217 0.7 182 0.5 102 0.
Total 33 034 100.
Age is an important risk factor, because it is central to monitoring the epidemic among the high sexually active group. The outcome of HIV prevalence in the 15 -24 years is crucial when reporting the outcome of the MDG 6, Target 7 Indicator 18. The age pattern of the women recruited in the survey was similar to the previous three surveys as shown in Table 1. About 50% of the respondents were young women aged 15 -24 years.
Half of the participants were women between aged 15 -24 years while 2.4% of the participants were women aged 35 years and above.
Almost 90% of the survey participants were African women. However, in the Western Cape (WC), the population group profile of participation in the survey was different from other provinces, the participation was almost equal between African and Coloureds. The population group distribution in WC was as follows: 50.8% (1 896) were African; 48.6% (1 817) were Coloured; 1 (one) Asian and 21 Whites. This will be carefully considered when interpreting future Western Cape HIV results. The distribution of the survey participants by population group and province are presented in Tables 2, and 3.
Table 2: Sample population distribution by population group, 2006 to 2008.
Coloured 3 045 9.2 3 010 8.9 2 930 8.
White 172 0.5 151 0.4 140 0.
Not specified 394 1.2 165 0.5 206 0.
Table 3: Demographic characteristics of the sample population by province, 2006 to 2008.
Eastern Cape 4 074 12.3 4 118 12.23 4 220 12.
Free State 2 225 6.7 2 169 6.44 2 016 5.
Northern Cape 1 087 3.3 1 191 3.5 1 113 3.
North West 2742 8.3 2 353 6.9 2 113 6.
Western Cape 3 866 11.7 3 830 11.3 3 848 11.
Total 33 034 100 33 685 100.0 33 927 100.
In the 2008 survey, the national overall HIV prevalence amongst 15 -49 years old antenatal women served in the public health clinics was 29.3% (95% CI: 28.5% - 30.1%). The estimated national HIV prevalence amongst the women surveyed has remained stable over the past three years: 29.1% in 2006; 29.4% in 2007 and 29.3% in 2008. This agrees with the recent projections by UNAIDS that the HIV epidemic curve is reaching a plateau. The HIV prevalence trend from 1990 to 2008 as shown in (Figure 2).
There is no significant change in the overall national HIV prevalence amongst South African pregnant women between 2006 and 2008, when looking at temporal trends. Findings from last year's survey confirm this pattern of stabilization with regards to the overall number of persons living with HIV in South Africa (Figure 3).
It is important to note that there is no significant evidence of an increase in HIV prevalence in the past three (3) years in South Africa. The three data set points for 2006 (n = 33 034); 2007 (n = 33 684) and 2008 (n = 33 927) indicating the plateuing of the HIV epidemic curve in the adult population in South Africa is shown (Figure 4).
The estimated national HIV prevalence by age group for 2008 and comparison with 2006 and 2007 is presented in Table 4. The HIV prevalence among women under the age of 25 years has remained stable over the past three years, this is in agreement with the total national HIV prevalence trend.
Table 4: HIV prevalence among antenatal women by age group, South Africa, 2006 to 2008.
The HIV prevalence estimates in the older age groups above 30 years, are showing a tendency towards an increase as seen in Figure 5. This could be a reflection of AIDS related mortality beginning to relent in this particular age group due to the provision of ARV treatment. Proper triangulation of such trends with AIDS related mortality by age in South Africa is necessary at this juncture to ensure a correct reading of where the country is with regards to its disease burden and ascertain the extent of the impact of interventions alluded to above.
Figure 5: HIV prevalence trends among antenatal women by age group, South Africa, 2006 to 2008.
The distribution of HIV prevalence ranged from 16.1% in the Western Cape to 38.7% in KwaZulu-Natal as shown in Figure 6. The results show that the highest HIV prevalences are located on the North-Eastern side, and the lowest prevalences in the Western parts of South Africa. KwaZulu-Natal still has the highest HIV prevalence followed closely by Mpumalanga, Free State and North West with overall prevalences greater than 30.0%. Gauteng, Limpopo and the Eastern Cape have prevalences between 20.0% and 30.0% and Northern Cape and Western Cape provinces have the lowest prevalences of below 20.0%.
In 2008, Free State, North West, Limpopo and Western Cape provinces showed a slight increase in HIV prevalence when compared to 2007, while KwaZulu-Natal, which had prevalence above 30%, remained static. The Gauteng, Eastern Cape and Northern Cape provinces are showing a tendency towards a decrease, although this is not statistically significant. Mpumalanga is the only province in the country for which the estimates are increasing from 32.1% in 2006 to 34.6% in 2007 and 35.5% in 2008 (Table 5 and Figure 7).
Figure 6: HIV prevalence distribution among antenatal women by province, South Africa 2008.
Table 5: HIV prevalence among antenatal women by province, South Africa, 2006 to 2008.
National 29.1 (28.3 -29.9) 29.4 (28.5 - 30.1) 12 783 455 29.3 (28.5 - 30.
Free State 31.1 (29.2 -33.1) 803 000 31.5 (29.1 -34.1) 802 218 32.9 (30.5 - 35.
North West 29.0 (26.9 -31.1) 986 000 30.6 (28.6 - 32.8) 856 138 31.0 (28.8 - 33.
Eastern Cape 28.6 (26.8 -30.4) 1 808 300 28.8 (26.9 - 30.7) 1 769 496 27.6 (25.6 - 29.
Northern Cape 15.6 (12.7 -18.5) 2 28 100 16.5 (13.9 - 19.6) 276 522 16.2 (13.7 - 18.
Western Cape 15.1 (11.6 -18.7) 1 309 100 15.3 (12.2 - 18.9) 1 327 334 16.1 (12.6 - 20.
District HIV prevalence has only been reported since 2006 when the geographic coverage of sentinel sites was increased and the sample size was doubled. There is a considerable variation in HIV prevalence between the 52 health districts observed over the three year period, particularly where the sample size is small, making it difficult to discern any trends.
In addition the districts are clearly heterogeneous with respect to the epidemic, with prevalence ranging from a high of over 45.0% to a low of around 2.2%. When data are pooled over the three years, 17 districts have a prevalence significantly higher than the mean prevalence (29.3%), while 20 out of the 52 are significantly below average The distribution of HIV prevalence by district in 2008, ranged from 2.2% in the district of Namakwa (Northern Cape) to 45.7% in uMgungundlovu (KwaZulu-Natal), recording the highest in the country. Out of the 52 health districts, 4 have prevalences above 40%, 18 have prevalences between 30% and 40%, 19 have prevalences between 20% and 30%, 9 have prevalences between 10% and 20% and 2 have prevalences below 10 %.
The least populated areas of South Africa and those most rural have recorded lower prevalences than the metropolitan areas. The HIV prevalence distribution among antenatal women by district, in 2006, 2007, 2008 and the average HIV distribution of the 3 years, is presented in Figure 8.
In Figure 8, the colour coding shown, reflects the intensity of the HIV prevalence among the pregnant women in the 52 health districts: Red are districts recording HIV prevalence above 40%. Orange are districts recording HIV prevalence between 30% and 40%, Mustard are districts recording HIV prevalence between 20% and 30%. Yellow are districts recording HIV have a prevalence between 10% and 20%. Light Yellow are districts recording HIV prevalence below 10 %.
For each province, comparison of the provincial and district HIV prevalences are reported from 2006 to 2008. Due to the smaller sample size in some districts the sampling error is much larger than at the provincial level. Therefore changes of 2% in either direction between the years within a district can be expected due to chance, if the sample size was less than 500.
In 2008, the KwaZulu-Natal provincial HIV prevalence amongst 15-49 year antenatal women was 38.7% (95% CI: 37.2% - 40.1%). KwaZulu-Natal has consistently recorded the highest prevalence since 1990. The epidemic curve shows evidence of stabilization in the past 3 years (Figure 9).
Three districts showed prevalences above 40% with uMgungundlovu recording an alarming 45.7%, meaning almost every second pregnant woman in that district is HIV positive! More than 50% (7/11) of the districts recorded prevalence above 30% (Figure 10 and Table 6). The distribution of HIV prevalence by district in KZN is shown in Figure 11.
Table 6: HIV prevalence among antenatal women by district, KwaZulu-Natal, 2006 to 2008.
Provincial 6 814 39.1 37.5 - 40.7 6 918 38.7 37.2 - 40.2 6 963 38.7 37.2 - 40.
In 2008, the Mpumalanga provincial HIV prevalence amongst 15-49 year antenatal women was 35.5% (95% CI: 33.1% - 37.9%). It is the only province that has shown an increase in the overall prevalence in the past three years from 32.1% in 2006 to 34.6% in 2007 and 35.5% in 2008, the highest it has recorded since the beginning of the epidemic (Figure 12).
When district results are compared, only Ehlanzeni district has shown a decrease in HIV prevalence, while the HIV prevalence in Gert Sibande district increased from 38.9 % in 2006 to 40.5% in 2008 and Nkangala from 26.8% in 2006 to 31.8% in 2008 (Table 7 and Figures 13 and14).
Table 7: HIV prevalence among antenatal women by district, Mpumalanga, 2006 to 2008.
Provincial 2 212 32.1 29.8 - 34.4 2 332 34.6 32.1 - 37.1 2 224 35.5 33.1 - 37.
In 2008, the Free State provincial HIV prevalence amongst 15-49 antenatal women was 32.9% (95% CI: 30.5% - 35.4%), which is an increase of more than one per cent from the previous years (Figure 15).
Four out of five (4/5) districts in the Free State recorded prevalence above 30% (Table 8 and Figure 16). All districts of the Free State province except Lejweleputswa which recorded a decrease in HIV prevalence from 37.0% in 2007 to 33.8% in 2008, have shown evidence of an increase from 2007 to 2008. Xhariep has increased from 19.7% in 2006 to 26.9% in 2008 (Figure 17).
Table 8: HIV prevalence among antenatal women by district, Free State, 2006 to 2008.
Provincial 2 225 31.1 29.2 - 33.1 2 167 31.5 29.1 -34.1 2 016 32.9 30.5 - 35.
In 2008, the Gauteng provincial HIV prevalence amongst 15-49 antenatal women was 29.9% (95% CI: 28.5% - 31.3%). The overall prevalence in Gauteng is beginning to show a slight decline from 30.8% in 2006 to 29.9% in 2008 (Figure 18).
It is evident that the overall HIV prevalence in Gauteng province has remained constant, with all districts showing a decrease in HIV prevalence during 2007 and 2008, except for City of Johannesburg, which has shown a slight increase from 29.9% in 2007 to 31.0 % in 2008 (Table 9 and Figure 19). The distribution of HIV prevalence by district in Gauteng province is shown in Figure 20.
Table 9: HIV prevalence among antenatal women by district, Gauteng, 2006 to 2008.
Provincial 6 145 30.8 29.6 -32.1 7 018 30.5 29.2 -31.9 7 497 29.9 28.5 - 31.
West Rand 405 34.6 30.0 -39.2 503 32.4 28.4 - 36.6 556 27.8 23.7- 32.
** Metsweding Health District was the only district not sampled in 2006 due to demarcation processes in North West Province. It was transferred to Gauteng Province in 2007.
In 2008, the North-West provincial HIV prevalence amongst 15-49 antenatal women was 31.0% (95% CI: 28.8% - 33.3%). The HIV prevalence in this province appears to be increasing from 29.0% in 2006, 30.6% in 2007 and 31.0% in 2008 (Figure 21).
Three out of the four (3/4) districts in the North West province have shown an increase in the past three years, except for Bojanala where the prevalence is beginning to show stabilization (Table 10 and Figure 22). In 2008 the highest HIV prevalence (35.2%) was recorded in the district of Dr. Kenneth Kaunda, while the lowest (28.1%) was seen in the district Dr. Ruth S. Mompati (see Figure 23).
Table 10: HIV prevalence among antenatal women by district, North West, 2006 to 2008.
Provincial 2 742 29.0 26.9 - 31.1 2 349 30.6 28.6 - 32.8 2112 31.0 28.8 - 33.
In 2008, the Eastern Cape provincial HIV prevalence amongst 15-49 antenatal women was 27.6% (95% CI: 25.6% - 29.6%). The overall HIV provincial prevalence in this province has decreased from 28.6% in 2006 to 27.6% in 2008 (Figure 24).
Ukhahlamba district prevalence has decreased significantly from 27.9% in 2006 to 21.9 % in 2008 (Table 11 and Figure 25). Only Alfred Nzo district showed an increase from 25.1% in 2006 to 29.8% in 2008. In 2007, Chris Hani and O.R. Tambo were the only districts recording prevalences above 30%. While in 2008 all districts recorded HIV prevalences below 30% (Figure 26).
Table 11: HIV prevalence among antenatal women by district, Eastern Cape, 2006 to 2008.
Provincial 4 074 28.6 26.8 -30.4 4 118 28.8 26.9 -30.7 4 216 27.6 25.6 - 29.
Figure 25: HIV prevalence trends among antenatal women by district, Eastern Cape 2006 to 2008.
Figure 27: HIV prevalence epidemic curve among antenatal women, Limpopo, 1990 to 2008.
The HIV prevalence has remained relatively stable since 2006. Sekhukhune showed an increase of 5.7% from 16.1% in 2006 to 21.8% in 2008. Waterberg district has shown a slight decline from 27.5% in 2006 to 23.6% in 2008 (Table 12 and Figure 28). The HIV prevalence distribution by district in Limpopo is shown in Figure 29.
Table 12: HIV prevalence among antenatal women by district, Limpopo, 2006 to 2008.
Provincial 3 869 20.6 18.9 -22.3 3 748 20.4 18.9 - 21.9 3 833 20.7 19.1 - 22.
In 2008, the Northern Cape provincial HIV prevalence amongst 15-49 antenatal women was 16.2% (95% CI: 13.8% - 18.9%). The prevalence has varied by less than 1% in the past 3 years, and has shown stabilization between 2007 and 2008 (Figure 30).
Namakwa district has consistently recorded the lowest HIV prevalence (2.2% in 2008) in the whole country. Frances Baard recorded the highest HIV prevalence (21.8%) in the province in 2008 (Figure 31 and 32). Interestingly, this province has recorded the highest syphilis prevalence among all the other provinces in the past 3 years (see section on syphilis results). This requires further epidemiological investigation to determine the cause of this variation.
Provincial 1087 15.6 12.7 -18.5 1190 16.5 13.9 - 19.6 1111 16.2 13.8 - 18.
In 2008, the Western Cape provincial HIV prevalence amongst 15 -49 antenatal women was 16.1% (95% CI: 12.6% - 20.3%). The overall HIV prevalence has increased from 15.1% in 2006 to 16.1% in 2008, (Figure 33).
The Central Karoo district has shown a significant increase, from 8.3% in 2006 to 23.6% in 2007 (15.3%). However, there was a sudden 8.8% decrease in HIV prevalence in the same district in 2008 (Table 14 and Figure 34). The distribution of HIV prevalence by district (Figure 35) shows that West-Coast district has the lowest HIV prevalence in the Western Cape Province and it is the second lowest after Namakwa (Northern Cape) in the country.
Table 14: HIV prevalence among antenatal women by district, Western Cape, 2006 to 2008.
Provincial 3 866 15.1 11.6 - 18.7 3 830 15.3 12.2 - 18.9 3 828 16.1 12.6 - 20.
West Coast 232 7.3 4.0 -10.7 206 10.1 7.2 - 14.2 204 9.3 6.2 - 13.6 3.
Districts HIV prevalence is clearly heterogeneous, with prevalence ranging from a high of over 45% to a low of around 2.2%. When data are pooled over the three years, 17 districts have a prevalence significantly higher that the mean prevalence, while 20 out of the 52 are significantly below average.
Four districts (7.6%) recorded HIV prevalences above 40% in 2008. Thirty two per cent (17/52) of the districts recorded HIV prevalences between 30% and 40%. Six were located in KwaZulu-Natal, three in Gauteng, four in Free State, two in Mpumalanga and the remaining two in North West. Interestingly, no district in the Eastern Cape has recorded HIV prevalences above 30% in 2008 (Figure 39).
Nineteen (36%) out of 52 health districts in the country recorded district HIV prevalences between 20.0% and 30.0%. This included all districts (seven) in the Eastern Cape four in Limpopo, three in Gauteng, two in North West province and one in KwaZulu-Natal, Northern Cape and Free State provinces.
Only 17% (9/52) of the 52 health districts recorded prevalence between 10% and 20%. Five were districts located in Western Cape, three located in the Northern Cape and one in Limpopo. Namakwa district in the Northern Cape and West Coast district in the Western Cape recorded the lowest district HIV prevalence in the country. Appendix D and E provides the detail description of HIV prevalence distribution by districts in 2006 and 2007.
The 2008 survey found that 1.9% CI 95% (1.7 - 2.0) of pregnant women presenting at public antenatal care clinics were infected with syphilis. This is lower than the 2.
(2.6 - 3.0) recorded for 2007. The trend of syphilis prevalence among attendees of antenatal clinics from 1997 to 2007 is shown in Figure 37 below. Since 2003 the national estimate has been fluctuating between a prevalence of 1.6 and 2.8%.
Reading from Table 15, the estimated syphilis prevalence in the Northern Cape for 2008 is 6.8%. The Northern Cape is the province with the highest syphilis prevalence, this has been the case over the past 3 years with a prevalence of 6.9% in 2006, 5.4% in 2007, 6.8% in 2008.
There was a significant increase in syphilis prevalence in the Western Cape province from 1.9% in 2006 to 5.6 % in 2007, (more than double), but it dropped quite a bit in 2008 to 3.8%. Western Cape, Gauteng, Mpumalanga, Eastern Cape, North West and Limpopo all experienced an increase in syphilis prevalences from 2006 to 2007. However, in 2008, all of these provinces except Northern Cape showed reductions in prevalence. Mpumalanga syphilis prevalence has more than halved from 1.8 % in 2007 to 0.
Table 15: Syphilis prevalence by province among antenatal women, South Africa, 2006 to 2008.
National 1.8 (1.7 -2.0) 2.8 (2.6 - 3.0) 1.9 (1.7 - 2.
Northern Cape 6.9 (5.0 -8.9) 5.4 (4.2 - 6.9) 6.8 (5.2 - 8.
Western Cape 1.9 (1.4 -2.4) 5.6 (4.9 - 6.3) 3.8 (3.1 - 4.
Free State 2.5 (1.8 -3.1) 2.5 (1.9 - 3.0) 2.3 (1.7 - 3.
Eastern Cape 2.6 (2.0 -3.1) 3.0 (2.5 - 3.6) 1.9 (1.5 - 2.
North West 1.8 (1.2 -2.4) 2.7 (2.1 - 3.5) 1.5 (1.1 - 2.
Provinces with high HIV prevalences show low syphilis prevalences and vice versa. Northern Cape still records the highest syphilis prevalence and the lowest HIV prevalence. KwaZulu-Natal, which has the highest HIV prevalence in the country, has the second lowest syphilis prevalence (Figure 38).
Figure 39 shows the syphilis prevalence by age group. There was an increase in prevalence in EVERY age group in 2007 and this certainly warrants further investigation in order to answer two questions "Why the spike and "What could have been happening in the last 6 years?
Potential HIV risk factors may act independently or concurrently to drive the HIV epidemic. Identification of independent factors related to a positive HIV infection status was determined through classification tree regression.
The first and best split was on age at 21 years where women <=21 years had HIV prevalence of 16.8% compared to the 34.8% HIV prevalence among women 22 years and older. This split of the overall group with prevalence of 29.2% has identified a younger subgroup that has a much lower prevalence. No further splits were identified in this group of young women.
In the older group the next split was on race. An African subgroup (37.6%) is identified versus the rest (6.8%) of White, Asian and Coloured women which has a low prevalence and no further splits were identified.
The model then looks at African women >=22 years. Education was found to be the most important splitter for this subgroup at grade 11 or less versus grade 12 or more. Lower HIV prevalence was found in the higher education level.
The model does not show any 'startling' results - although the cut off points that come to the fore were interesting i.e. age 21 years. One important observation was the absence of syphilis infection in the model. Therefore, the joint outcome of HIV and RPR is not that important in the larger picture (in determining the HIV status of antenatal women). The performance of the prediction model is modest (slightly better than chance) with an overall correct classification of 60%, a sensitivity of 74% and specificity of 55%. The model did not incorporate any geographical information such as province or district. It can be seen as a model to classify any first time attendee walking through a clinic door as HIV positive or not given her basic demographic information.
UNAIDS uses EPP to estimate the HIV trends over time by fitting an epidemiological model to the surveillance data provided by HIV sentinel surveillance systems. Separate estimates and time trends are developed for each of the provinces, they are then combined within EPP to produce a national estimate for HIV prevalence and its trends over time. The HIV estimation process through UNAIDS Spectrum and EPP Models is presented in Appendix E.
Sentinel surveillance and population-based surveys have strengths and weaknesses but taken together provide complementary information and can provide a clear picture of both overall trends and geographical distribution of HIV. Results from both populationbased survey and antenatal sentinel surveillance are used to adjust estimates to bias identified in both surveys. The 2008 HIV prevalence estimates projected from the three mathematical models, UNAIDS, ASSA and HSRC are shown in Figure 40 and Table 16. It is encouraging to see that the estimated number of adult new infections (incidence) are estimated to be 380 000 and paediatric HIV incidence 56 000 in 2008.
<fn>GOV-ZA.2008octEn.2012-02-10.en.txt</fn>
There will be a video link-up at all briefings.
Last modified: 05 March 2009 08:45:49.
<fn>GOV-ZA.2009011501En.2012-02-10.en.txt</fn>
The switch auction will be conducted on 22 January 2009.
The source bond for this auction is the R153 (13.0% : 2010) and the destination bonds are the R207 (7.25%:2020) and R186 (10.
<fn>GOV-ZA.2009011601En.2012-02-10.en.txt</fn>
Welcome to South Africa and to Cape Town for this first-ever meeting of the African Committee of 10.
This Committee arises from a meeting of African Finance Ministers and Central Bank Governors convened in Tunis on 12 November 2008 by our 3 Pan-African institutions - the African Union, the African Development Bank and the UN Economic Commission for Africa.
Apart from these three institutions we have a Finance Minister and a Central Bank Governor from each of Southern, Eastern, Northern, Western and Central African Regions.
At a formal level, our remit is fairly simple - firstly, to take stock of the impact of the current economic recession on Africa; secondly, to explore such actions derived from the observations that would inform the African Heads of State and thirdly, to make a case for governance reform in the multilateral economic institutions for enhanced African participation.
Essentially, we are charged with ensuring that the African voice in global economic affairs is amplified.
Our first meeting was occasioned by the reality of a steep economic downturn in the global economy and the impending meeting of the G20 Heads of State, convened for the first time by President George W Bush.
Since then, we know how much deeper the economic recession now bites, we have seen the collapse of commodity prices, huge currency volatility, the collapse of equity prices across all stock markets, the virtual inability of most of our firms to access trade finance and the dawn of a period when capital markets are effectively closed to all developing countries.
We have also witnessed how the rich world has speedily moved to reflate their financial sectors, with most G7 countries now in an environment of negative real interest rates - the UK, for example, now has interest rates at the lowest level in the 314 year history of the Bank of England, whilst we remain trapped in poverty.
Furthermore we are witnessing almost daily announcements of additions to fiscal stimulus packages in the rich world - the USA for example will run a fiscal deficit of $1.2 trillion before the announcements by President-elect Barack Obama; whilst we remain paralysed because of our dependence on the Bretton Woods Institutions for fiscal support.
Our concern is that those countries that have had their power enhanced by the economic growth model with its emphasis in financialisation of the past three decades have found the means to try and dig themselves out, whilst we remain trapped in a cycle of poverty. People find it strange that we cannot have huge deficits in the same way as the wealthy countries can, yet we need additional financing to provide even elementary services.
Our call has to be for equity and change.
There are some impacts of the global downturn that we can measure in almost each of our economies.
Many of our countries are witnessing significant outflows of capital as recent investors retreat to square their positions in their domestic markets.
Increasingly, African states are encountering significant fiscal pressures as our revenue sources dry up, as expenditures rise to meet the most elementary levels of service provision and as we battle to retain expenditure levels in the face of significantly reduced GDP growth.
We are witnessing that the export markets developed with enormous sacrifice are suddenly closed to imports from our countries, as a result of falling consumer demand and increased protectionism.
We are seeing the leading edge of aggressive marketing of products into our markets. Often, these imports bypass the customs system through which we might collect some revenue as a respite. The absence of the conclusion of a development round accentuates this problem.
We are living through intense liquidity pressures as our domestic banking sector battles to secure the finance to on-lend. Significant changes to financial regulation must be undertaken.
Many countries are witnessing the drying up of remittance flows which have, over the past number of years, been a reliable source of finance which offsets impact to the skills drain.
We are seeing the first wave of unemployment as many foreign direct investors scale back or shut down their operations.
We are likely to witness a continuing decline in ODA flows to support, amongst other things, the delivery of the MDG's. Already there is a cumulative shortfall of $240 billion on the Gleneagles commitments.
The mainstay of recent developments in sectors such as tourism are already in decline as the numbers of tourists rapidly diminish.
We have not yet recovered from the severe impact of high food and fuel prices that we have lived through over the past 15 months.
This is not a session to lament our misfortunes. Instead, we want to take collective stock, understanding fully that the impact of these and other features will vary with country and circumstance.
We are, however, duty-bound to raise these matters. To ask each of our Heads of State to evaluate the specific impact within their country and to advise the collective.
We are saying that we will be in serious dereliction of responsibility if we failed to equip ourselves of the detail, to share these observations and to plan to be heard.
Ours is a history of a battle for a fairer, more equitable world. This period is one where we must amplify the call - neither for alms nor charity, but for an opportunity to deliver to our citizens that which they deserve.
To attain this, we must evaluate every aspect of what we do, each institution that takes decisions that affect our lives and make the case for fairness and opportunity.
This meeting is the beginning of such African collaboration. We offer no apologies for doing what we must.
Let our discussions begin in earnest.
<fn>GOV-ZA.2009011En.2012-02-10.en.txt</fn>
To modify the customary law of succession so as to provide for the devolution of certain property in terms of the law of intestate succession; to clarify certain matters relating to the law of succession and the law of property in relation to persons subject to customary law; and to amend certain laws in this regard; and to provide for matters connected therewith.
'will' means a will to which the provisions of the Wills Act, 1953 (Act 7 of 1953), apply.
For the purposes of this Act, any reference in section 1 of the Intestate Succession Act to a spouse who survived the deceased must be construed as including every spouse and every woman referred to in paragraphs (a) , (b) and (c) of section 2 (2).
'(iii) where the intestate estate is not sufficient to provide each surviving spouse and woman referred to in paragraphs (a) , (b) and (c) of section 2 (2) of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2008, with the amount fixed by the Minister, the estate shall be divided equally between such spouses;'.
a child's portion, in relation to the intestate estate of the deceased, shall be calculated by dividing the monetary value of the estate by a number equal to the number of children of the deceased who have either survived the deceased or have died before the deceased but are survived by their descendants, plus the number of spouses and women referred to in paragraphs (a) , (b) and (c) of section 2 (2) of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2008.'.
born to a woman to whom the first-mentioned woman was married under customary law for the purpose of providing children for the first-mentioned woman's house.
the devolution of family property involved in such estate, the Master of the High Court having jurisdiction under the Administration of Estates Act, 1965 (Act 66 of 1965), may, subject to subsection (2), make such a determination as may be just and equitable in order to resolve the dispute or remove the uncertainty.
Nothing in this Act is to be construed as amending any rule of customary law which regulates the disposal of the property which a traditional leader who has died held in his or her official capacity on behalf of a traditional community referred to in the Traditional Leadership and Governance Framework Act, 2003 (Act 41 of 2003).
during the subsistence of any customary marriage between the husband and any woman other than the spouse of the marriage under the Marriage Act, 1961 (Act 25 of 1961).
The widow of the marriage under the Marriage Act, 1961, referred to in subsection (1), and the issue thereof have no greater rights in respect of the estate of the deceased spouse than she or they would have had if the marriage under the Marriage Act, 1961, had been a customary marriage.
This Act is called the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009, and comes into operation on a date fixed by the President by proclamation in the Gazette.
by the deletion of subsection (1A).
Intestate Succession Act, 1987 surviving spouse jointly, or if there is no surviving spouse, his or her nearest relative or connection residing in the district in which the death has taken place, shall within fourteen days thereafter give a notice of death substantially in the prescribed form, or cause such a notice to be given to the Master; and'.
'(1) If any person dies within the Republic or if any person ordinarily resident in the Republic at the time of his or her death dies outside the Republic leaving any property therein, the surviving spouse of such person or more than one surviving spouse jointly, or if there is no surviving spouse, his or her nearest relative or connection residing in the district in which such person was ordinarily resident at the time of his or her death, shall, within fourteen days after the death or within such further period as the Master may allow-'.
'(2) Notwithstanding the provisions of any law or the common or customary law, but subject to the provisions of this Act and sections 40 (3) and 297 (1) (f) of the Children's Act, 2005 (Act 38 of 2005), having been born out of wedlock shall not affect the capacity of one blood relation to inherit the intestate estate of another blood relation.'
'(5A) If a person referred to in paragraph (a) of the definition of 'descendant' contained in section 1 of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009, is deemed to be a descendant of the deceased person referred to in that paragraph, or is deemed not to be a descendant of his or her natural parent, the deceased person shall be deemed to be an ancestor of the person referred to in that paragraph, or shall be deemed not to be an ancestor of that person, as the case may be.'
' "survivor" means the surviving spouse in a marriage dissolved by death, and includes a spouse of a customary marriage which was dissolved by a civil marriage contracted by her husband in the customary marriage to another woman on or after 1 January 1929 (the date of commencement of sections 22 and 23 of the Black Administration Act, 1927 (Act 38 of 1927)), but before 2 December 1988 (the date of commencement of the Marriage and Matrimonial Property Law Amendment Act, 1988 (Act 3 of 1988));'.
<fn>GOV-ZA.200901chmdirectiveEn.2012-02-10.en.txt</fn>
vi It is the obligation of the Trustees to inform third parties of such name change and have the Title Deeds of fixed property endorsed accordingly.
<fn>GOV-ZA.2009021201En.2012-02-10.en.txt</fn>
The switch auction will be conducted on 19 February 2009.
The source bond for this auction is the R153 (13.0% : 2010) and the destination bond is the R157 (13.
<fn>GOV-ZA.2009021901En.2012-02-10.en.txt</fn>
This Media Statement is being issued by the National Treasury as a supplement to the Media Statement issued on 20 March 2008 titled "Avoidance Closure Alert: Funnel Financing Masquerades" ("the previous Media Statement"). The previous Media Statement expressed concerns relating to certain avoidance schemes that employ funnel financing in the context of section 45 of the Income Tax Act.
Generally, funnel financing involves the circular flow of funds from a lender (i.e. a bank or other financial institution) through a borrowing group of companies that lead back to the lender. This circular flow of funds is designed to create a tax benefit for the lender on one end with a tax-exempt (or tax-indifferent) party shielding income from taxation on the other.
As discussed in the previous Media Statement, the schemes at issue require a circular flow of funds through a borrowing group offering a business pretext for the lending. This pretext is needed so as to arguably shield the overall arrangement from arguments that the circular flow of funds violate the general anti-avoidance rules, are synthetic or are otherwise a sham. The most easily used pretexts are black economic empowerment financing and securitisation transactions. Both sets of pretexts require an intra-group sale of assets within the borrowing group, and this intra-group sale is accomplished without negative tax consequence via the tax-deferral rules of section 45. The assets involved in the sale have substantial value, often being an entire operating business.
Step 1: In order to transfer an operating business, a pre-existing group forms a company (in which a third party has an interest) to which the operating business is sold by way of an intra-group transaction.
The transaction is structured so that all of the requirements of section 45 are met, thereby deferring all potential gain on the transfer of the operating business. In the case of a black economic empowerment transaction, the black economic empowerment partners typically own up to 30 per cent of the shares in the newly formed company.
Step 2: In order to allegedly fund the purchase of the operating business, the newly formed company obtains a loan from a lender external to the group. The alleged need for external borrowing is a critical pretext to set the lending institution's involvement into motion.
Step 3: It is a condition of the loan that the proceeds from the intra-group sale of assets (purchased with the loan funds) will be reinvested in accordance with the instructions of the lender. In these instructions, the lender typically requires the borrowing group to invest the proceeds in various highly secured instruments that yield passive returns. These passive returns almost universally generate tax advantaged receipts or accruals for the group. Tax-free preference shares are the most commonly-employed instruments utilised.
Step 4: The passive instrument utilised in Step 3 (e.g. the preference shares) are typically issued by a party with some form of connection to the lending institution. The funds received in exchange for the issue are then routed back to the lender so as to generate tax benefits (e.g. deductions) for the lending institution as if held on deposit.
It should be noted that the yield from the secured instruments held by the borrowing group often exceeds the yield generated by the lender in respect of the underlying loan. Given the passive nature of the secured investments, this higher yield makes little sense for the lender unless the lender is receiving some other form of compensation (e.g. tax benefits).
Subsequent to the release of the previous Media Statement, the National Treasury consulted widely on the issue of funnel financing. While a fair amount of information was available in respect of the borrowing group, little information was forthcoming in respect of the lending institution's involvement.
Based on further information obtained in the interim, it appears that many of these schemes seek to artificially shift income outside South African taxing jurisdiction or to artificially obtain access to foreign tax credits for the benefit of the lending institution. These tax benefits are typically obtained via the incorrect use of tax treaties in relation to income that is effectively derived from a South African economic activity. Reliance is for example, placed on the artificial categorisation of entities under the law of other States without taking cognisance of the role of domestic law when applying the relevant tax treaty. Other approaches also rely on an interpretation of tax treaties which ignores the normal rules to be applied in this regard, e.g., the importance to be accorded to a specific provision's context when interpreting and applying it.
Method 1: Split Incorporation/Effective Management: In one set of schemes, the lending group employs a company with split incorporation/effective management. More specifically, the company at issue is incorporated within South Africa but is effectively managed in a foreign tax haven treaty country. Under the tie-breaker clause of the applicable treaty, tax resident status lies in the foreign tax haven country due to the foreign effective management. This foreign tax residence status gives the entity to the desired shift of income outside South African taxing jurisdiction. However, this approach raises the issue of substance over form when making the determination of the place of effective management.
Method 2: Hybrid Tax Entities: In the second set of schemes, the lending group employs a limited partnership with South African partners (and potentially foreign partners). The limited partnership at issue is not a juristic entity for South African tax law purposes. However, the limited partnership is structured in order to be viewed as a company for foreign tax law purposes of the applicable tax treaty country. It is argued that this split status gives the parties at issue the best of both worlds - treaty access to foreign tax credits while allegedly avoiding the need for Exchange Control approval from the South African Reserve Bank. The categorisation of this partnership under foreign tax law appears to ignore, however, the rights of the State which is applying the provisions of the tax treaty.
Aside from targeted enforcement, an immediate two-part remedy is proposed to counter the avoidance caused by funnel financing schemes. Potential legislation also remains under consideration.
Subject to source rules in any tax treaty, foreign tax credits should not be available for income that has its economic source within South Africa. The tax treaty rules for determining residency that are based on effective management may also require reconsideration, particularly in the light of the current debate in this regard in international fora.
Because foreign tax treaty renegotiations may be time-consuming, it is proposed that with effect from 2009-03-01, all Exchange Control applications to be submitted by Authorised Dealers on behalf of South African registered entities to the Exchange Control Department of the South African Reserve Bank should reflect the tax resident status of such South African entities. Exchange Control Department shall identify all South African entities with tax residence elsewhere, other than South Africa and the information on these entities will in future be shared with SARS. Relaxation of this aspect of Exchange Control policy will only be reconsidered after the tax treaties of concern are renegotiated so as to effectively counter the tax avoidance caused by the funnel schemes described herein.
Future legislation remains under consideration depending upon further facts uncovered. One solution under active consideration is potential legislation that targets the investment of section 45 proceeds into otherwise tax-exempt preference shares. The financial lack of risk associated with these preference shares makes it questionable whether the preference share dividends are in fact economically equivalent to dividends or interest. Under this line of reasoning, dividends from preference shares stemming from dedicated section 45 transactions should be treated as taxable interest. This legislative proposal would apply to all preference share payments arising after 20 March 2008. This proposal would be associated with the deemed interest rules existing under section 8E.
The National Treasury requests public comments on this media statement before technical documents are released in support of the decisions announced herein. Comments should be sent to Yanga Mputa by email at yanga.mputa@treasury.gov.za or by fax to 012 315 5516. Please ensure that the comments reach us by 19 March 2009.
<fn>GOV-ZA.2009021902En.2012-02-10.en.txt</fn>
National Treasury is releasing for public comment initial draft legislation to be contained in the Taxation Laws Amendment Bills, 2009. This document may be obtained from the National Treasury (www.treasury.gov.za) or SARS (www.sars.gov.za) web sites. Together with the rest of the Taxation Laws Amendment Bills, 2009, this legislation will give effect to the tax proposals announced by the Minister of Finance in the 2009 Budget Review as tabled in Parliament on 11 February 2009. This legislation deals with rates, thresholds and urgent matters (mainly relating to retirement savings). Draft legislation containing the remaining tax policy proposals announced in 2009 will be released by no later than the close of May 2009.
Note: Only one set of legislation will be processed this year. There will be no Revenue Laws Amendment Bill in 2009.
Rates and thresholds: The main purpose of this legislation is to give effect to the rates and thresholds so that these items can go into effect as soon as possible in accordance with the mandate provided in the 2009 Budget Review. The list of rates and thresholds mainly entails items relating to the Income Tax Act as well as the Customs and Excise Act.
Mineral royalty delay: The legislation delays the effective date for liabilities relating to the Mineral and Petroleum Resources Royalty Act from 1May 2009 until 1 March 2010. Registration for the Act is legislatively set to begin from 1 November 2009 so all administrative systems will be in place by the revised 1 March 2010 effective date.
Tax-sharing of the fuel levy: As indicated in the Budget Review, the legislation establishes a mechanism for directly earmarking 23 per cent of the revenue from the general fuel levy for metropolitan (Category A) municipalities. On a going forward basis, this allocation will be published annually by notice in the Gazette.
Retirement Savings: The legislation provides a unified system for taxing pensionrelated lump sums. The legislation also corrects pension anomalies relating to fundto-fund transfers, divorce and maintenance.
Medical contributions: The legislation unifies the system for employer and employee contributions to medical schemes. All employer contributions will as from1 March 2010 be treated as a fringe benefit with the employee being eligible for deductions to the extent of their medical scheme contributions up to the revised reviewing. This simplification will be effective from 1March 2010 to provide employers with sufficient time to adjust their systems.
Note: An Explanatory Memorandum is also published to assist in interpreting and understanding the above legislation at a more detailed level.
Members of the public are invited to send their comments to the National Treasury before 19 March 2009. Comments in this regard should be sent by email to nomfanelo.mpotulo@treasury.gov.za or by fax to 012 315 5516.
<fn>GOV-ZA.2009022001En.2012-02-10.en.txt</fn>
The National Treasury wishes to respond to the article published in the Cape Times newspaper of February 18, 2009. The allegations made by the City that it was unfairly treated in the 2009 Budget allocations and is being punished for being well-run are simply untrue and is a distortion of facts.
The City contends that there has been a shortfall in its allocations compared to projections given in the 2008 Budget. However, these projections form part of the National Treasury's efforts to assist municipalities in putting in place multi-year budgeting and the amounts are only indicative. The City of Cape Town was therefore guaranteed to receive 90 per cent of the indicative amount for 2009/10 as per the 2008 Medium Term Expenditure Framework. The full amount allocated for the 2009 Budget is based on the equitable share formula. Furthermore, the Financial and Fiscal Commission, a Constitutional body, oversees this formula to ensure that it conforms to the principles espoused in Section 214 of the Constitution.
The City of Cape Town indicates that it falls in the same category as municipalities such as Ekurhuleni, which is allocated an equitable share amount of R1 billion in 2009/10 compared to Cape Town's R609 million. It appears that the City of Cape Town is not fully cognisant of the demographics that underpin how the formula works. The formula does indeed ensure that municipalities with similar socio-demographic and service delivery constraints will receive similar allocations. Although the population sizes of these two (and most other) metropolitan municipalities are similar, their levels of poverty and access to services vary. Ekurhuleni Metro has nearly 100 000 more poor households than the City of Cape Town (2001 Census) which explains at least part of the variance in the equitable share allocations between these two metros.
The City of Cape Town also raises the difference in the projected and actual grant allocation in terms of the Regional Services Council (RSC) replacement grant. Again, the projected amount was indicative only.
The City of Cape Town's contestation that the replacement grant amount is intended to replace the revenue from the abolished RSC levies is misleading. These RSC levies were abolished in 2006 as they were inequitable. The system was biased towards municipalities who had a strong company head office base, such as Johannesburg and Cape Town. Nearly 60 per cent of the 'metro' RSC levies collected accrued to these two metros only. However many companies with head offices in these two metros had large operations in other municipalities and provinces as well. These other metros did not receive the funds which were collected by the RSC levies. Naturally, with the introduction of a new revenue source, distribution would have to differ from the existing RSC levy distribution. Continuing to allocate funds along the same structures as the previous system would continue the flaws inherent to the RSC levies.
The general fuel levy was agreed upon as a replacement to the RSC levy after extensive consultation, including with local government stakeholders, and was politically endorsed. It complied with the four main criteria informing the replacement levy, mainly: an endeavor to maintain local government fiscal autonomy; to meet the criteria of a good (local) tax regime; closely approximate the same incidence as the RSC levies; and to protect municipalities from fiscal shocks. Government is phasing in the fuel levy over three years to ensure a smooth transition from the RSC levy replacement grant.
The National Treasury remains committed to a transparent budgeting system, protecting the poor and marginalised communities while ensuring that the macroeconomic fundamentals remain in place.
<fn>GOV-ZA.200902ChmDirectiveEn.2012-02-10.en.txt</fn>
Chief Masters Directive 2 of 2009 1.
The purpose of the directive is to ensure a uniform approach by Masters in respect of the matters listed below.
A number of role players have approached my Office for clarity on certain matters. As part of my statutory obligations I have decided to provide the following guidelines to ensure a uniform approach by Masters to the matters raised.
All previous Master's Directives on points addressed by this Chief Master's Directive are revoked.
The question has been raised with regards to what information/copies on Trusts may be provided to applicants, without the consent of the Trustees / beneficiaries.
It was indicated that some offices provide any information requested, whilst others first request the permission of the Trustees / Beneficiaries.
Section 18 of the Trust Property Control Act 57 of 1988 provides: Subject to the provisions of Section 5(2) of the Administration of Estates Act, 1965(Act 66 of 1965), regarding the documents in connection with the estate of a deceased person, the Master shall upon written request and payment of the prescribed fee furnish a certified copy of any document under his control relating to trust property to a trustee, his surety or his representative or any other person who in the opinion of the Master has sufficient interest in such document.
all applications must be in writing and provide reasons as to why the information is needed.
A "trustee, his surety or his representative" has automatic access to any information/documents in the file.
On the application of any other person, the Master must exercise his discretion, weighing up the interest of the parties involved, in deciding whether or not the information may be provided. This must include consulting with the trustees, founder etc of the Trust (section 3(2) of PAJA).
Should the Master refuse to provide the information requested, he must hand back the application to the applicant and refer him to the Information Officer of DoJ & CD.
This Directive will come into effect as from date of signature thereof.
<fn>GOV-ZA.20090303tradcourtsEn.2012-02-10.en.txt</fn>
The institution of traditional leadership plays a crucial role in promoting social cohesion, peace and harmony in communities. In this sphere of the administration of justice, traditional leaders resolve disputes through traditional courts (Makgotla/ Inkundla). The importance of traditional courts derives from the fact that they are closest to the communities and use the language and methods that the community understands better than the procedures applied by formal courts. A traditional leader and his/he councillors sit in commune ("lekgotla"), hear the evidence of complainants and "accused" persons, and resolve disputes according to the cultural practices and customs applicable to the community in question. In contrast to the formal court system, traditional courts do not adhere to any prescribed or written set of rules. They are guided by the culture and tradition of the community in which they operate. In this way, justice is dispensed easily and quickly.
<fn>GOV-ZA.2009031001En.2012-02-10.en.txt</fn>
The National Treasury today releases for public comment draft regulations relating to tax incentives, as announced by the Minister of Finance in the 2008 Budget, in support of Government's industrial policy strategy.
The draft regulations define the pre-requirements for an industrial policy project to qualify for the tax incentives and the point scoring system applicable to Brownfield (expansions) and Greenfield (new) projects. Prerequisites include energy efficiency, skills development and investment size requirements. A project may not benefit from this incentive if it receives other concurrent benefits (e.g. the Enterprise Investment Programme).
According to the point system, an industrial policy project will achieve "qualifying status" if it achieves at least 5 out of a total of 10 points and a "preferred status" if it achieves at least 8 out of a total of 10 points. "Qualifying status" projects may deduct from its taxable income an additional 35 per cent of the costs of the investment in manufacturing assets, up to a maximum of R550 million. "Preferred status" projects may deduct and additional 55 per cent of the cost of the investment in manufacturing assets, up to a maximum of R900 million.
See the annexure for further details on the pre-requisites and point system.
The deadline for public comments is Tuesday 31 March 2009. No late comments will be considered. The draft Regulations are available on www.treasury.gov.za and comments should be sent to marle.vanniekerk@treasury.gov.
Prerequisites for industrial policy projects a.
In the case of a Brownfield project, the project must attain an energy efficiency improvement of a least 10 per cent from a 2006 baseline. In the case of Greenfield projects, a project must utilize the most modern energy-efficient equipment and processes.
The project / company must incur expenditure on training that is at least equal to two per cent of its annual wage bill and which will result in the upgrading of skills.
R200 million in the case of a Greenfield project and in the case of Brownfield projects R30 million or the lesser of R200 million or 25 per cent of the value of existing assets.
An industrial policy project will achieve "qualifying status" if it achieves at least 5 out of a total of 10 points and a "preferred status" if it achieves at least 8 out of a total of 10 points.
A project that achieves a "qualifying status" (between 5 and 7 points) may deduct from its taxable income an additional 35 per cent of the costs of the investment in manufacturing assets, up to a maximum of R550 million. A project that achieves a "preferred status" (between 8 and 10 points) may deduct and additional 55 per cent of the cost of the investment in manufacturing assets, up to a maximum of R900 million.
An additional training allowance of R36 000 per employee may be deducted from taxable income. The maximum total additional training allowance per project is R20 million in the case of a qualifying project and R30 million in the case of a preferred project.
<fn>GOV-ZA.20090318pnote110809En.2012-02-10.en.txt</fn>
This practice note provides precise guidelines for institutions dealing with unsolicited proposals/concepts. An unsolicited proposal/concept means any proposal/concept received by an institution outside its normal procurement process that is not an unsolicited bid (a submission that must be innovative, unique and provided by a sole supplier).
1.2 This practice note defines the parameters of an unsolicited proposal/concept, provides a mechanism for their deliberated consideration and establishes consistency in approach both by government and the private sector.
1.3 This practice note has been drafted in order to provide government with a framework within which unsolicited proposals/concepts may be considered. It explains how unsolicited proposals/concepts should be dealt with by institutions through setting out procedures that must be followed. These procedures will result in an environment where advantage can be taken of the private sector's capacity to conceptualise, package and develop projects whilst ensuring and protecting public policy objectives at the same time.
the product or service presents a new and cost-effective method of service delivery.
a declaration from the proponent to the effect that the offering of the unsolicited proposal was not as a result of any non-public information obtained from officials of the relevant institution or any other institution.
the period of time for which the proposal is valid for consideration, which may not be less than six months.
has not been submitted by a duly authorised representative of the proponent; or contravenes the provisions of any law.
notify the authorised representative of the proponent by registered post, at the address referred to in paragraph 2.
ensure that the institution does not make use of any of the intellectual property or proprietary data in the unsolicited proposal; and return to the proponent by registered mail to the address referred to in paragraph 2.2 (a), all documents received in the unsolicited proposal including any copies of these documents.
4.1 If the accounting officer or accounting authority decides to consider the unsolicited proposal, he or she must send a registered letter to the address referred to in paragraph 2.2 (a) confirming the decision to consider the unsolicited proposal.
Compliant unsolicited bid.
4.2.1.1 If a submission to an institution complies with the requirement of existing unsolicited bid provisions in terms of the National Treasury issued circular entitled "Implementation of Supply Chain Management" (dated 27 October 2004), namely the product or service is unique, innovative and provided by a sole provider, the institution may enter into direct negotiation with the proponent, outside the normal competitive bidding process.
Public Private Partnership compliant unsolicited proposal.
4.2.2.1 If the unsolicited proposal is a PPP, the accounting officer or accounting authority must comply with the requirements of Treasury Regulation 16 and the Practice notes relevant thereto, as read with paragraph 5.1 of this practice note.
Non-Public Private Partnership compliant unsolicited proposals.
an assessment of whether the proposed cost of the project is realistic, affordable and justified; and any other fact which, in the opinion of the institution is relevant to the particular unsolicited proposal.
If at the conclusion of the feasibility study the institution determines that the criteria set out in paragraph 2 are met, the institution must proceed with the processes to develop and execute an unsolicited bid agreement as set out in paragraph 4.2.4 below.
If the institution determines that the criteria set out in paragraph 2 are not met, the institution must follow the procedures set out in paragraph 3.2 above.
Unsolicited proposal agreement.
4.2.4.1 If the institution decides to proceed with the unsolicited proposal, the accounting officer or accounting authority must negotiate an unsolicited proposal agreement with the proponent.
the purchase of intellectual property rights, if any.
Calculation of costs.
4.2.5.1 In calculating costs for the purposes of paragraph 4.2.4.1 (a), the institution and the proponent must restrict their consideration to direct costs incurred by the proponent in developing technical and other materials relevant to meeting the criteria set out in paragraph 2, above.
the institution may not implement the project proposed in the unsolicited proposal for the current or next financial year and may not utilise at any time the proprietary information provided by the proponent as part of its unsolicited proposal.
If the unsolicited proposal agreement is concluded, then the institution must prepare and issue bid documents.
5.1 Bid process.
Reimbursing the proponent should the proponent not be awarded the contract for the provision of the product or service at the conclusion of the competitive bidding process. The quantum of reimbursement shall be those audited costs of the proponent from the point in time where the accounting officer or accounting authority was solicited by the proponent to the conclusion of the competitive process, in terms of the unsolicited proposal agreement.
provide the agreed costs and terms of payment to the proponent, and require that all bidders, save for the proponent, make allowance for these costs and pay such costs to the proponent directly, if their bid is successful.
an appropriate undertaking be obtained from any such person that any confidential material or information provided by the proponent will not be disclosed to anyone other than an employee or agent of such a third party who will, in turn, treat the information or material as confidential and give an undertaking to do so; and the cost of obtaining independent advice will be incurred by the institution, unless the proponent withdraws the proposal prior to entering into an unsolicited proposal agreement, in which event the proponent will be liable to the institution for these costs.
use any data, concept, idea, or other part of a unsolicited proposal as the basis or part of the basis, for a solicitation or in negotiations with any other firm unless the project proceeds to procurement in terms of paragraph 5 and the proponent is notified of and agrees to the intended use; provided that, this prohibition does not preclude the use of any data, concept or idea in the proposal that also is, or becomes, available from another source without restriction; or disclose information identified in the unsolicited proposal agreement as confidential.
8.1 All unsolicited bids which have been submitted to an institution prior to publication of this practice note and not yet concluded must be considered under the institution's supply chain management system.
8.2 All unsolicited proposals submitted to an institution before publication of this practice note and for which an unsolicited proposal has not yet been concluded must be considered under this practice note, together with such provisions of the institution's Supply Chain Management Policy that are not inconsistent herewith.
8.3 All unsolicited proposals submitted to an institution after publication of this practice note must be considered under this practice note, together with such provisions of the institution's Supply Chain Management Policy that are not inconsistent herewith.
9.1 This practice note shall take effect and become applicable to institutions on the date of issuance subject to any exemptions that may be granted in terms of section 92 of the PFMA.
10.1 Should accounting officers or accounting authorities have any enquiries regarding implementation of this practice note, such enquiries may be directed to the persons mentioned below.
10.2 Enquiries relating to Public Private Partnership compliant unsolicited proposals as defined in paragraph 4.2.
Facsimile number: 012 315 5477 10.3 Enquiries relating to compliant unsolicited bids as defined in paragraph 4.2.1 and Non-Public Private Partnership compliant unsolicited proposal as defined in paragraph 4.2.
Facsimile number: 012 315 5343 11.
11.1 Head Officials of Provincial Treasuries are requested to bring the contents of this practice note to the attention of accounting officers of their respective provincial departments.
11.2 Accounting officers of national and provincial departments are requested to bring the contents of this practice note to the attention of accounting authorities of Schedule 3A, 3B, 3C and 3D public entitles reporting to their respective executive authorities.
12.1 Upon receipt of an unsolicited proposal, institutions must (in writing) notify the relevant National Treasury contact person within ten working days of such receipt.
13.1 Accounting officers and accounting authorities must report all concluded unsolicited proposal agreements in the annual report of their respective institutions.
13.2 The Auditor-General may audit such agreements.
14.1 All institutions must submit a copy of a concluded unsolicited proposal contract to the Office Auditor-General.
15.1 This practice note is issued in terms of section 76 of the PFMA.
<fn>GOV-ZA.2009031901En.2012-02-10.en.txt</fn>
The switch auction will be conducted on 26 March 2009.
The source bond for this auction is the R153 (13.0% : 2010) and the destination bond is the R206 (7.50%: 2014); R208 (6.75%: 2021), and R186 (10.50%:2026).
<fn>GOV-ZA.2009031902En.2012-02-10.en.txt</fn>
Chairperson and honourable members, firstly, and importantly, I wish to express my sincere appreciation for the cooperation we have received from all those who took part in the thorough processing of the 2009 Division of Revenue Bill. In particular, we are grateful to the Select Committee, chaired by Mr Ralane, for the sterling work it has done. This is particularly remarkable when bearing in mind that due to the elections scheduled for 22 April 2009, the processing of the Bill had to be expedited, affording the NCOP limited time for processing the Bill.
Chairperson, honourable members, the Division of Revenue Bill is the embodiment of co-operative governance which is at the heart of our Constitution. It is an outcome of extensive consultation processes among technocrats and between the political leadership of the three spheres of government. The division of resources among the three spheres is one of the most critical steps in the budget process, as it provides the basis for the preparation of the national, 9 provincial and 283 municipal budgets for the next financial year.
The Bill gives effect to section 214(1) of the Constitution and the Intergovernmental Fiscal Relations Act, 1997, which require an annual Act of Parliament to provide for the equitable division of revenue among the three spheres of government.
Chairperson and honourable members, there is no doubt that this Division of Revenue Bill is presented to you at a time of turmoil in the global economy, where many countries are finding ways of protecting themselves against the adverse effects of the sharply slowing economic conditions. A large part of the strategy is to explore ways of ensuring that we do more with the little we have, that we employ our resources more smartly and more efficiently, and that we minimise or eradicate wastage. The period ahead requires from us, as a collective, that we improve our oversight over scarce resources to ensure that the quality of services is improved, and that the poor are not left behind during these difficult times.
This Bill covers in detail all transfers to be made to provinces and municipalities over the next three years. The explanatory attachments also contain detailed information on the formulas for the provincial and local equitable share allocations, and a detailed framework on each conditional grant to a province or municipality. The publication of this information will enable every province and municipality, and every national and provincial department, to prepare multi-year budgets. The positive strides made by South Africa in ensuring a transparent budget process have been internationally recognised. South Africa is ranked second in the world on the Open Budget Index, which measures the transparency and quality of budget information. This is indeed a remarkable achievement.
Chair and honourable members, allow me to caution that certainty of resource allocation alone is not sufficient to ensure that services are delivered to our people. This House has an exceedingly important role in being even more vigorous in its oversight role, ensuring that these fiscal flows result in services being delivered to our people. The House has been vigilant in the past in ensuring that funds are spent on programmes that seek to ensure that the poor receive quality services. We expect that this good work will continue so as to ensure that value for money is indeed attained during these leaner fiscal times. More effective and efficient spending by every province and municipality will result, for instance, in no children needing to learn under trees; to clean and cholera-free drinking water delivered to our people and to fast-tracking of access to houses and public transport. This Bill, with the wealth of information it contains, such as the outputs in the frameworks for conditional grants, is but one of the tools we put before this House to exercise its oversight over national departments, including National Treasury, provinces and municipalities.
Chairperson and Honourable Members, I am informed that some of the discussions by the Select Committee on Finance were quite vibrant.
Firstly, and perhaps more importantly, they highlighted the importance of the NCOP in exercising their oversight role.
Secondly, matters of capacity and quality of spending were highlighted. I am told that Members of the Select Committee raised concerns that insufficient investment in libraries, community and sports facilities should be addressed, as these types of interventions are essential tools in creating a supportive environment for the development of our youth. At the same time, attention needs to be given to putting in place appropriate scholar transport systems that address urban and rural scholar transport needs.
Thirdly, employment generation programmes will have to be supported in the present economic climate the country finds itself in, hence phase two of the EPWP. I am informed that there was rigorous debate on this matter. The concerns raised by the committee have been noted and the allocations will in future be adjusted to ensure that the programme is also institutionalised in rural municipalities.
Lastly, the importance of ensuring that more poorly resourced municipalities are appropriately funded was stressed throughout the hearings. As part of the ongoing review of the local government fiscal framework, focus will be on strengthening the own revenue base of metropolitan and other larger urban municipalities, and increasingly targeting transfers to more poorly resourced municipalities. A number of reforms have already been introduced to more appropriately fund poorly resourced municipalities. These include introducing a minimum (R5 million) Municipal Infrastructure Grant allocation and making appropriate adjustments to the local government equitable share formula (revenue raising component). Again, additional resources alone will not address the challenges faced by these smaller and rural municipalities. Steps will have to be taken so that these additional flows to smaller and rural municipalities result into tangible service delivery improvements and are not used only to pay salaries.
The Division of Revenue, as set out in this year's Bill, gives effect to the priorities articulated by President Motlanthe in his State of the Nation Address on February 6, and further elaborated on in the speeches of the Premiers of our provinces.
The budget framework allows us to provide R161 billion in additional spending over the next three years, in comparison to our spending plans from a year earlier. Over the period ahead, government's spending plans are focused on many objectives, including: enhancing the quality of education; improving health care provision, particularly for the poor; reducing infant, child and maternal mortality rates; reducing crime levels and enhancing citizen safety; expanding the built environment to improve public transportation and meet universal access targets in housing, water, electricity and sanitation; and decreasing rural poverty by taking steps to raise rural incomes and improve livelihoods by extending access to land and support for emerging farmers.
The resources provided in this Bill will enable each sphere of government to step up programmes targeted at these priorities.
Of the R161 billion additional resources, national departments will share R101.5 billion (including R50 billion for Eskom), provinces R47.8 billion and municipalities R11.3 billion over the MTEF. Further details on the specific programmes and projects to be implemented in each province and municipality over the MTEF can be found in their 2009 budget statements.
Chairperson, Schedule 1 of the Bill provides a summary of the allocation of funds to the three spheres of government. Of the R738.6 billion budget in 2009/10, national department functions amount to R483.7 billion. This includes debt service costs amounting R55.3 billion and a contingency reserve of R6 billion. Provinces receive R231.1 billion and R23.8 billion is allocated to local government.
Schedules 2 and 3 allocate equitable shares to provinces and municipalities. Schedules 4 through 6 allocate conditional and other grants to provinces and local government. Schedule 7 allocates in-kind transfers to municipalities. Schedule 8 allocates incentives for provinces and municipalities to meet targets with regards to priority government programmes.
The 2009 MTEF allocations to provinces provide for further strengthening of social services programmes that have a high impact on human development, the quality of life and social transformation.
A substantial share of the additional resources is expected to go to education, ensuring that access and quality are improved. The 2009 Budget extends the no-fee schools policy from the poorest 40 per cent of schools to the poorest 60 per cent; reduces the teacher:learner ratio in the poorest 20 per cent of schools; caters for facilities for learners with disabilities; and extends the coverage of the national school nutrition programme. Provision is also made in the infrastructure grant to provinces to increase classroom space for Grade R learners and upgrade school infrastructure and secure facilities. The installation of libraries and laboratories are also addressed.
Provincial budgets will reinforce the strengthening of the health sector so that South Africans who do not have medical insurance can also enjoy good quality health care. Allocations are set aside to expand the range of vaccines provided to children in order to reduce maternal and child mortality, and combat HIV and Aids and extreme- and multi-drug resistant TB. The hospital revitalisation programme is also prioritised in the period ahead. In addition, provinces are expected to step up their own hospital maintenance budgets.
Our housing budget receives a further R3.7 billion, taking total allocation over the next three years to R44.7 billion. Chairperson, in 2003/04, we spent R4.6 billion on housing. By 2011/12, the end of our present budgeting period, the budget rises to R17.2 billion. Allocations for water, sanitation, electrification and municipal roads all rise in a complementary manner. It is thus very important that this House continue to ask questions around what the returns for this sizable investment are.
Access to public transport has a major impact on the economy and on people's lives, particularly the poor that are mainly reliant on public transport to get to work and education facilities. The need for effective public transport systems is therefore critical in creating a better life for all. Transport related adjustments include the creation of a new conditional grant, namely the public transport operations grant, of R11.5 billion for bus subsidies over the period. Reforms to the current system will include the conversion of existing and interim commuter bus services subsidies with negotiated per kilometre based contracts that are supportive of intermodal efficiencies in public transport.
Chairperson, this budget also provides for provincial social departments to expand social welfare services to meet growing community needs, with a focus on strengthening early childhood development programmes. Land and agrarian reform support programmes are also prioritised in the period ahead, to give people from previously disadvantages backgrounds access to land as well as support to make productive use of such land.
Over the next three years, municipalities will receive R181.7 billion (including in-kindallocations), or an additional R11.3 billion. This includes R22.9 billion for the sharing with metropolitan municipalities of the general fuel levy that will be introduced as the primary replacement of the former RSC levies from April this year. The local government equitable share receives a further R2.5 billion for the delivery of free basic services to all poor households.
Municipal infrastructure related spending is allocated an additional R8 billion over the next three years. This results in total infrastructure transfers to municipalities of just under R58.3 billion over the next three years, increasing to R67.5 billion if infrastructure provided on behalf of municipalities (in-kind transfers) is included. These adjustments are intended to enhance access to water, sanitation, electricity and roads; extend regional bulk infrastructure to support services to the poor; promote municipal initiatives supportive of more efficient use of energy; and support host cities in their preparations for the 2009 Confederations Cup and 2010 FIFA World Cup.
We need to ensure that the intergovernmental grants at our disposal are designed in such a manner as to support optimal outcomes. It has become evident that there is a need to reform the Municipal Infrastructure Grant to appropriately respond to the different demographic, economic, infrastructural and institutional challenges faced by the 283 municipalities in the country. From the 2009 Budget, the Municipal Infrastructure Grant (Cities) will enable cities to more effectively manage, support and account for built environment outcomes by focusing on their entire infrastructure programme performance rather than solely on project outputs. Although smaller, more rural municipalities will continue to account for project outputs, attention will be given to introducing innovations that address capacity and resource deficiencies faced by these municipalities and improve expenditure outcomes.
Finally, allocations for capacity-building total R1.7 billion over the 2009 MTEF. This is further complemented by the Siyenza Manje programme (through the DBSA) to develop skills in engineering, planning and financial management within municipalities. In the period ahead Government will take steps to co-ordinate these capacity building initiatives and avoid duplication and contradictions.
These allocations aim to support local programmes that will provide for sustainable neighbourhoods, while at the same time attracting private sector investment in underserviced communities. Together with increases in housing allocations, this should provide a major boost to local economic development.
Chairperson, provinces and municipalities continue to play an important role in accelerating growth and job creation, broadening economic participation and reducing poverty.
Taking into account the current economic downturn, it will be exceedingly important in the period ahead to take stronger action in pursuit of efficiency and better targeted expenditure. Expenditure priorities of provinces and municipalities therefore need to focus on more efficient and effective service delivery, protecting the poor, and creating employment.
Chairperson and honourable members, I thank you.
<fn>GOV-ZA.2009032001En.2012-02-10.en.txt</fn>
The National Treasury has assessed the impact of rebasing and re-weighting the CPI, and the changes that will need to be made to the Government's Inflation-Linked Bonds.
From January 2009, the new headline CPI - all urban areas (primary and secondary) will replace the old CPI - all items for metropolitan areas. The Terms and Conditions of the Government inflationlinked debt will therefore be amended to reflect the relevant changes.
Statistics South Africa is to provide historic data of the rebased CPI (with 2008 = 100) from December 2008 backwards. The National Treasury will thus also replace existing index data for calculation purposes with the new rebased data until December 2008, and further with the new rebased and reweighed CPI from January 2009.
For the calculation of the month-on-month adjustment for inflation purposes, the index number for the (new) CPI - all urban areas for January 2009 over the (old) CPI - all items for metropolitan areas for December 2008 will apply.
These base indices are calculated in such a way that the capital value of the bonds is the same before and after the indices were rebased.
For more media enquiries please contact Thoraya Pandy on 012 315 5944 or 082 416 8416.
<fn>GOV-ZA.2009032401En.2012-02-10.en.txt</fn>
In the light of the present circumstances, where every day each one of us is called upon to articulate views on trends in the global economy, it is fairly safe to declare, "We are all economists now". And, in view of the size of stimulus packages across the world, it may even be safe to declare, as Ronald Reagan did in 1971, "We are all Keynesians now".
Commentators of every hue are falling over each other to conjure up the most apt description of the nature of the crisis and analogies abound.
As far as the global economic crisis goes, part of me thinks the U.S. has gone off a cliff pretty much the way Wile E.
Runner cartoons. He doesn't drop immediately; he's suspended in midair.
hope, he begins to gingerly tiptoe his way back to the ledge. He's almost made it-he's not going to fall! And then, with a puff of dust, he's gone, plummeting far, far down into the canyon. As a nation, we might just be in the tiptoeing stage: we know we've screwed up big-time, but we're praying that we can get back to the ledge before gravity takes over.
Perhaps the most over-used analogy is that "we are sailing in uncharted waters." Fair enough, the waters are quite uncharted. So shouldn't we, as rational beings, pause and ask how we got the global economy into these waters There are four possibilities that present themselve?
Perhaps somebody steered us into these waters intentionally.
Would any present wish to judge between these four options and clarify for all the world that we are seriously in the wrong place The observation that we should agree on is that after repetitive turns and bumping into things, we must quite the wrong equipment, technique and skills. In plain English, we are floundering?
The budget figures for the USA for example, show an increase in the budget deficit from 2.4% in 2008 to 13.7% in 2009. Similarly, the budget deficit for Britain increased from 3.2% to 11.3% over the same period. Saudi Arabia provides somewhat of a starker example of just how acute the situation has become. In the space of just one year, its budget balance went from a 12.8% surplus to an 8% deficit. Its current account balance moved from a 22.8% surplus to a 7.9% deficit - this too in just 12 months.
These are not the worst, by a long shot, but they present the picture of the speed of transition from well-managed economies with a positive picture to one that tells the story of countries heading rapidly into the abyss.
Over the past decade, Ireland was held up to all as a country that has mastered the challenge of development. Since January this year, Ireland has been hit by wave upon wave of negative announcements. First, the luxury brand Waterford Wedgewood was placed in receivership. Then, Dell announced the closure of its Bank, its third-largest lender. Suddenly, a country that ran fiscal surpluses for many years, now faces a fiscal deficit of 9.5% this year, and after a decade of high growth faces a contraction of at least 4.5% this year and from virtually full employment suddenly has shifted to unemployment of at least 10%. Without a shadow of doubt, the Irish economic bubble has burst.
The story for a number of countries appears to be as gloomy.
In the face of all of this, South Africa may not be doing too badly. However, while our economy may not be deteriorating at a rate as intense as so many other countries, we continue to monitor signs carefully. As I mentioned in my budget speech this year, consequences are felt everywhere. When global automobile production decreases, the factory in the Eastern Cape making catalytic converters for cars is affected. So, too, is the mine in Rustenburg producing platinum for the converters. The worker in the factory and the miner in Rustenburg are now without work. And the woman who runs the little vegetable stall outside the mine is making less money each week. Their families, all of them, face a future made more precarious by the vagaries of global finance.
The key global challenge is whether we have the wherewithal to extricate the economy from these hostile uncharted waters.
"First, public authorities must restructure and rewrite balance sheets in the financial sector, when necessary by taking over banks, instead of waiting any longer. Second, public expenditure must replace faltering private demand to reverse the downward spiral before it becomes a rout. Third, this must be done with international co-operation so that the global current account imbalances that contributed to the crisis will diminish rather than increase. Fourth, there must be aid to the most vulnerable so that they will not be pushed into destructive despair."
This is a fairly useful measure against which to evaluate the stimulus packages. Few of these have escaped detailed criticism. In a recent article, Joe Stiglitz raises the following concerns about the stimulus package of the USA.
Delaying bank restructuring is costly, both in terms of the eventual bail-out costs and in terms of the damage to the overall economy.
Bankers can be expected to act in self-interest on the basis of incentives. Perverse incentives fuelled excessive risk-taking, and banks that are near collapse but too big to fail will engage in even more of it.
Socialising losses whilst privatising gains is more worrisome than the consequences of nationalising banks.
Don't confuse saving bankers and shareholders with saving banks.
Trickle-down economics almost never works. Throwing money at banks hasn't helped homeowners; foreclosures continue to increase.
Lack of transparency got the US financial system into this trouble, and lack of transparency will not get it out.
Perhaps less effusively but with the same amount of detail, there is a similar critique of most Western European stimulus packages. Over and above the points raised by Stiglitz, there are repeated questions about the risks of a liquidity trap, whether the stimulus will create the necessary improvements in effective demand, whether there is a matrix to measure whether the stimulus may not aggravate the exit route and whether there is sufficient co-ordination because the alternative - essentially beggar-thy-neighbour policies - will leave the global economy trapped in a hostile environment for so much longer.
In this context the shining beacon is the quality of the stimulus announcement of a $589 billion package by China that has been widely vaunted.
post-earthquake infrastructure; the stimulation of domestic demand; industrial restructuring and the construction or strengthening of the social safety net.
stimulus package meets all of the criteria set out by Kemal Dervis (above) and would be fully resonant with the true Keynesian tradition. A number of interesting questions arise - will China be willing to lead the world Or perhaps more importantly, would the world acquiesce to Chinese leadership Or will the recognition that the Western model for development has failed be too much asked?
I do not wish to digress to draw attention to the failure of multilateralism. How different may this situation have been if the world's wealthiest countries had conceded to peer review or some outside influence.
For now, we should concentrate on the monumental and collective effort to get the global economy out of its current hostile environs. So where is the great destination Might it be a caring and well-developed socialism distinct from the soviet past Might it be towards a different capitalism, essentially freed of the excesses which the past thirty years have demonstrated Or might it be towards a new hybrid, one that is more caring, demonstrating both the intent to support innovation whilst acting in a determined manner to close the chasm of inequality?
This is a debate we must have. For now, let us focus our collective attention on how to extricate the global economy from its present place in a way that does not aggravate the ravages of the immediate past.
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The Committee on IMF Reform has released its Final Report. This Committee of eminent persons was appointed by the Managing Director of the International Monetary Fund Dominique Strauss-Kahn, on September 4, 2008, to advise on the adequacy and effectiveness of the IMF's framework for decision making. It is chaired by Finance Minister Trevor A Manuel, MP.
The report proposes a package of measures to enhance the Fund's legitimacy and effectiveness.
The report was welcomed by the IMF Managing Director as coming at a critical time when the need for effective engagement between senior policy makers to tackle the global crisis has acquired new urgency.
The committee is chaired by Minister Manuel and includes: Michel Camdessus, former Managing Director of the IMF; Kenneth Dam, Professor at the University of Chicago; Mohamed El-Erian, CEO of Pacific Investment Management Co.; Sri Mulyani Indrawati, Minister of Finance of Indonesia; Guillermo Ortíz, Governor of the Bank of Mexico; Robert Rubin, Center for Foreign Relations; Amartya Sen, Professor at Harvard University; and Zhou Xiaochuan, Governor, People's Bank of China.
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The Minister of Finance Trevor A Manuel, MP welcomes the International Monetary Fund (IMF) Board's approval for a major overhaul of the IMF's lending framework, as announced on March 24, 2009. This new framework establishes a new instrument, the Flexible Credit Line (FCL), for countries with strong economic fundamentals and a good record of fiscal management, policies and policy implementation. This step should be seen as part of the overall reform of the IMF, as the IMF continues to become more sensitive to the needs of many more emergent and developing economies.
The FCL provides for large, upfront financing on a precautionary basis and better tailoring conditionality to countries' varying strengths and circumstances. At a time when the global economy is experiencing the deepest and most widespread crisis in recent history, this facility together with increased lending access limits and simplified terms for borrowing, will enable the IMF to better respond to the various needs of all member countries. This facility will be especially useful for developing countries who have experienced a disproportionately large impact in this current financial crisis, as many have experienced large capital outflows, falling prices for primary commodities, a sharp contraction of exports and declining remittances.
Though South Africa is fortunately not in need of this facility given the robustness of our financial sector, we recognise that this facility will assist many more countries to deal with the challenges they face, and in the process ensure a more co-ordinated response to the global economic crisis.
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The National Treasury is committed to issuing Inflation Linked Bonds (ILBs) and has always issued these instruments into demand.
Cognisant of the demand for more regular issuances of ILBs to the market, National Treasury will increase the frequency of the auctions in the 2009/10 financial year.
Auctions will be conducted weekly to ensure a constant supply of ILBs and issuance will be across all existing maturities.
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Deputy Minister of Finance, Nhlanhla M.
It is indeed an honour to be part of this occasion that marks the launch of major new research into the effectiveness of the Mzansi bank account - and particularly to share on the successes achieved, as well as the challenges that may have been endured in providing affordable, accessible and appropriate financial services to our people.
Firstly I must salute the Finmark Trust for spearheading this research innovation. The Finmark Trust has become one of the key organisations with whom the National Treasury shares the quest for financial inclusion as a common goal, and I encourage this continued collaboration between our two organisations.
It has been a good four and a half years since the launch of this remarkable initiative meant to afford historically disadvantaged South Africans the opportunity to open and operate a low-cost banking account. Therefore, it is quite timely that the Finmark Trust is able to present to us this empirical assessment of the Mzansi account initiative. I hope that this assessment will provide us with the necessary feedback required to further refine this novel product, ultimately improving the lives of the people who use it. Without this evaluation, we as policy makers, and the sector as a whole, may remain in the dark about the effectiveness and sustainability of new products and services that have been introduced to improve access to financial services.
The world is struggling with the worst financial crisis in almost a hundred years. This crisis has led to a downward spiral of the world economy in proportions not seen in many years. To address this crisis and in an effort to revive the world economy, leaders of the G20 will meet again this week at a summit. They are expected to finalise a consolidated economic recovery plan and regulation enhancement framework, introduced in November last year. Internationally, governments have introduced significantly high injections of capital into their financial systems, essentially to promote access to financial services for households and boost economic growth and business sustainability.
South Africa, as with a few other emerging economies, has not been directly affected by this financial crisis. However, the country has to address the secondround effects of the crisis such as a slowing domestic economic growth rate and rising unemployment. As with other central banks around the world, the Monetary Policy Committee of the South African Reserve Bank reduced the repurchase rate by 100 basis points on Tuesday last week. That decision is expected to contribute towards the resuscitation of domestic growth and promote employment creation.
In attempting to revitalise the world economy, promoting access to financial services has become a central feature of the financial packages by world leaders. It is interesting to note that in normal times, access to finance is usually put on the back banner by policy-makers around the world. However, in this financial crisis, promoting access to finance is used as a key instrument to resuscitate the world economy.
The National Treasury welcomed the Mzansi initiative as it fitted well with the financial access policy trajectory we had set for ourselves. However, as policymakers, we have to continuously re-evaluate our role in ensuring that the financial sector's market-led growth addresses problems of financial exclusion and leads to the availability of financial services for all. In fact, our guiding principles for financial inclusion relate not only to ensuring that we catalyse and facilitate market mechanisms, but also intervene to address market failures.
This market failure manifested itself in the proportion of the adult population without access to banking services. Prior to the introduction of the Mzansi account initiative close to half of our adult population did not have access to a basic bank account.
Before the introduction of the Financial Sector Charter initiative, our financial system did not provide financial services to disadvantaged members of our society, who either did not have formal jobs or belonged to the very low income categories. Only those members of society fortunate enough to hold formal jobs could open and operate bank accounts. This was clearly contrary to policy objectives of making financial services available to all sections of our population. We envisage a nation in which basic financial services are accessible and affordable for all. The Mzansi initiative was celebrated as an effort to include financially all our citizens.
India captured the limelight in the early 1990s as a result of the introduction of rural banking initiatives to accommodate members of its society that previously did not have access to appropriate financial services. The US also made interventions to ensure financial inclusion by way of the Community Reinvestment Act of 1977. Countries like France also make it a statutory requirement for every adult to have a bank account. Closer to home, Zambia embarked on a drive to effect cash transfers to beneficiaries of social security grants through the use of mobile bank branches set up at schools and clinics, in order to minimise the transport and transaction costs of the grant beneficiaries.
Both the Indian and Zambian examples emphasise that banking initiatives specifically targeting previously excluded members of society should not only be convenient for the users, but should also minimise their transaction costs.
It is therefore commendable that South Africa has its own unique initiative, catering specifically to the needs and dynamics of our nation. This shows our recognition that financial development is a key ingredient for economic development. A society with an undeveloped financial system is bound to experience a slower pace of growth in the real sectors of the economy. The financial inclusion presented by Mzansi accounts makes an much needed contribution towards the economic development of the country.
What perhaps made our financial exclusion more unpalatable is the fact that it coexisted with a well developed financial system by world standards -whether you look at our total sector assets, the adoption of international regulatory standards, an efficient and world class stock exchange or our well functioning national payment system.
It is a documented fact that financial inclusion has unlimited spin-offs in terms of its contribution to the reduction of poverty and inequality. Besides these recognised economic benefits, financial inclusion has the potential to destigmatise the financial sector and reverse the alienation and vulnerability associated with financial exclusion. When people are excluded from the financial system, they resort to all forms and means of transacting, from keeping their money under mattresses to sending monies to their families using taxi drivers and other informal means. These forms of transacting are not only inconvenient, but also fraught with many risks. When it was introduced in 2004, the Mzansi account was one with no frills but limited functionality - designed primarily as a transaction account. Over the past three years, the functionality of the account has been enhanced to include stop order and debit order facilities.
It is acknowledged that South Africa as a country does not have a savings culture. Initiatives such as the Mzansi account therefore serve as crucial building platforms from which a culture of saving can be launched. It would be perverse to expect ordinary citizens to save when they are denied access to a basic savings account.
We all need to strive for a South Africa where everyone, regardless of income or financial position, is afforded the opportunity to operate a bank account. In the absence of appropriate access, our people would continue to be marginalised and inconvenienced. Not only does the difficulty in accessing financial services have the potential to disrupt the lives of our people, it also has the potential to disrupt our economy.
Our vision for financial inclusion entails a continuous process of expanding access to and use of financial services and products. Access to a basic bank account can help in the opening of floodgates so that our people are able to access a myriad of other financial services for their benefit. Over time, the banks will be able to track the profiles and savings patterns of their customers, and thus establish a credit potential for them. It is an established fact that access to credit is associated with benefits such as small business financing or the smoothening of spending for household consumption.
The initiative will also pave the way for people to access insurance products.
We need to monitor developments in these indicators of financial access, not only to flag up key trends, but to understand financial behaviour in a way that helps in formulating appropriate policy responses.
The number of accounts opened has surpassed 6 million since the launch of the Mzansi initiative. This vindicates our position that historically disadvantaged members of our population can be harnessed into a potentially viable market.
We have always maintained that the size and level of activity in what is commonly referred to as the informal sector indicates that there is sufficient appetite for financial services. This appetite has however not been duly satisfied due to inappropriate formal provision of financial products and services. We therefore need to continue to develop innovative products and services that are specifically targeted at this low income segment of the population.
As we celebrate the successes that we have enjoyed, we are aware that there are challenges that still lie ahead. The development of our financial landscape is too important for us to surrender to any setbacks. We must keep up the fight.
I urge each and every one of us to strive to enhance competitive practices within the financial services sector through the introduction of new and innovative products, so that our people, can truly and fully enjoy the fruits of financial freedom.
As I conclude, let me reiterate that government remains committed to supporting initiatives like the Mzansi accounts. We are one united nation that is best served by one financial landscape. Our resolve should therefore remain that of uplifting our people out of poverty by all means.
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Chief Masters Directive 3 of 2009 1.
SARS has no objection to the allowance of the VAT claimed by the agent of the executor as a liability for estate duty purposes. However, the final decision to allow or disallow such costs as administration costs lies with the Master's office in terms of section 4(c) of the Act.
As a general rule, the expenses incurred by the executor in administering an estate are not allowed to be charged out of the estate, because these expenses are regarded as being included in the executor's remuneration. If, however, these expenses are heavy or are disproportionate to the remuneration received the Master may allow the executor to charge additional remuneration to cover such expenses. See Meyerowitz on Administration of Estates and Estate Duty, 2007 edition, par 14.
It is practice that the Masters office requires from nominated executors to be assisted by attorneys, accountants or trust companies (the agent) in the finalization of estates. Where such an agent is a registered VAT vendor he or she is obliged to charge VAT for his or her services to the executor.
The VAT charged by the agent is therefore an expense necessarily incurred by the executor in the performance of his duties. If the VAT is not allowed by the Master as such the executor will be out of pocket.
In light of the above, the Master must allow VAT charged by the agent as additional remuneration in terms of section 51(3)(a) of the Administration of Estates Act, 66 of 1965.
Where the executor who is not registered for VAT receives a part of the fee it should be reflected separately in the liquidation and distribution account.
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PRETORIA, 1 APRIL 2009 - The South African Revenue Service (SARS) collected R625.57 billion by midnight on Tuesday 31 March 2009. The preliminary result is 0.34% below the revised February 2009 Budget estimate of R627.69 billion. This represents a 9.2% growth in revenue collection over 2008.
In anticipation of the economic downturn, the revenue target was adjusted downwards in February from R642.27 billion to R627.69 billion. The current conditions resulted in a collection of R625.57 billion or 99.66% of the target.
Revenue collected: R625.57b (99.
Revised revenue estimate (February 2009) : R627.69b o Shortfall: R2.12b (0.
Feb 2008 Printed estimate: R642.27b o Shortfall R16.
Revised Budget deficit figure: 1.2% (previous estimate 1.
Revised tax-to-GDP ratio: 27.2% (previous estimate 27.
The main contributors to total revenue were company income tax (R165.23b), personal income tax (R197.07b) and VAT (R153.81b).
Import VAT and customs duty contributed to the shortfall as a result of falling trade volumes especially during the last quarter of the fiscal year. A key factor was a 10% decline in automotive goods and parts which make up 19% of monthly imports.
This result was achieved in a climate of rapidly deteriorating global economic conditions and is therefore testimony to the relative robustness of the SA economy to date. It also highlights the benefits to South Africa of our sound fiscal and monetary policy choices we made over the last 15 years.
Given the challenging economic conditions, this year SARS again engaged intensively with taxpayers to ensure they made payments on time. This included making over 1.5 million telephone calls, sending 153 000 emails and sending 178 000 SMSs to taxpayers to collect outstanding payments during March alone.
During the year under review, SARS collected R16.4 billion in outstanding debt of which R4.2 billion was collected during the last month. A total of R14 billion (about 8% of total CIT) was collected from companies as additional provisional payments [par 19 (3)] in instances where companies had underpaid. Customs deferments collected amounted to R4.2 billion.
PIT collection of R197.07 billion was R1.93 billion below the February 2009 estimate due to job losses and lower bonuses.
VAT collection, despite being only marginally lower than the revised estimate, ended about 8% lower than the original printed estimate as a result of a slowdown in household consumption expenditure from 7% in 2007 to 2.3% in 2008.
Company Income Tax collection of R165.23 billion exceeded the February 2009 estimate of R162.
Customs duty collection of R22.80 billion fell below the February 2009 estimate of R23.78 billion mainly due to a decline in imports. Automotive goods and parts which constituted 19% of the total monthly imports declined by 10% on a monthly basis.
The table below contains a preliminary view of the revenue outcome of R625.
Personal Income Tax Company Income Tax Secondary Tax on Companies Value-Added Tax Specific Excise Fuel Levy Customs Duties Other 191.05 156.47 20.00 167.03 20.40 26.43 31.07 29.82 201.00 158.92 18.20 167.00 20.50 25.50 26.50 24.64 199.00 162.00 20.00 154.92 20.42 24.48 23.78 23.09 197.07 165.23 19.68 153.81 19.68 23.89 22.80 23.
Total Tax Revenue 642.27 642.27 627.69 625.
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The National Treasury would like to advise that, contrary to media reports the Financial Sector Charter (FSC) has not collapsed because of the March 31 2009 deadline. The deadline as in fact much earlier, 31 August 2008. The Department of Trade and Industry (the dti) issued a statement on August 31 2008 indicating that it would be processing the FSC as per section 9 of the B-BBEE Act as a sector charter.
5.2 Although a lot of work still remains to be done, the department has so far received at least 7 industry sector charter applications for gazetting under section 9 of the B-BEE Act. These are: the Financial Sector Charter (FSC), Construction Charter, Agri-BEE (Agriculture), Property, Forestry, Transport and ICT.
5.3 Charters that have applied for gazetting before the end of the Transitional Period ending 31 August 2008 will be processed accordingly and afforded a 60day public commentary process as per section 9 of the B-BBEE Act coupled with a 30 day technical analysis process. Thereafter the Charters will be gazetted as sector codes.
It is the National Treasury's considered view therefore that the FSC is still in force and has not collapsed. To date, the National Treasury has not received any new information that the dti will not follow through with its intention as indicated in the 31 August 2008 media statement.
For more information please contact Lindani Mbunyuza on 012 315 5645 or 0833 27 9987.
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South Africa presented four points for the Summit's consideration in an attempt to restore global growth and development. These are; stabilising global finance, countering the global recession, deploying resources to support demand and sustaining investment in developing countries and laying the foundation for a sustainable recovery.
Minister Manuel will therefore explain and report on the advances made by South Africa in the meeting.
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The South African government welcomes the broad display of unity and commitment by leaders of the G-20 to restore global growth and build the foundation of a sustainable, balanced and inclusive recovery into the future.
The South African delegation, led by President Kgalema Motlanthe, presented four points for consideration at the G-20 London Summit which took place on April 2 2009. These are: stabilising global finance; countering the global recession; deploying resources to support demand and sustaining investment in developing countries; and laying the foundation for a sustainable recovery.
The G-20 Communiqué provides a road map that requires a global solution to the greatest challenge that faces the world today. Since the last G-20 Summit, governments have taken action across a broad front, inspired by the commitments we made together on November 15, 2008 in Washington. However, these actions have not been well coordinated and have not yet achieved the needed breakthrough.
The London Summit starts from the belief that for growth to be sustained it has to be shared; and that the global plan for recovery must have at its heart the needs and jobs of hardworking families, not just in developed countries, but in emerging markets and the poorest countries of the world too. The Summit also provides that our global response must reflect the interest, not just of today's population but of future generations too.
The Summit pledged, amongst others, to restore confidence, growth and jobs; to repair the financial system so as to restore lending; strengthen financial regulation; fund and reform our international institutions; and to promote global trade and investment and reject protectionism.
South Africa supports agreements reached, and these include trebling the resources available to the IMF to $750 billion and supporting a new Special Drawing Rights (SDR) allocation of $250 billion. Also agreed upon was supporting at least $100 billion of additional lending by the Multilateral Development Banks, ensuring $250 billion for trade finance and using additional resources from agreed IMF gold sales for concessional finance for the poorest countries. These measures constitute an additional $1.1 trillion of support to restore credit, growth and jobs in the global economy.
The Summit acknowledged that the major failures in the financial sector and in financial regulation and supervision were the fundamental causes of the crisis, and that a focus on rebuilding trust is crucial to restoring confidence in the global financial system. A Declaration was agreed upon to strengthen the financial system, which includes the establishment of a new Financial Stability Board. It is crucial that countries accept that for this process to work, a concerted and collaborative effort is required. These new efforts at strengthening global regulation should be linked to a strengthened multilateral centre where collaborative and inclusive approaches can be built.
The strengthening of global financial institutions was also highlighted as imperative to global confidence and economic recovery. The Summit agreed upon making available $850 billion of resources through these institutions, to support growth in emerging markets and developing countries, by helping to finance counter-cyclical spending, bank recapitalisation, infrastructure, trade finance, balance of payments support, and social support.
The Summit undertook to reform the mandates, scope and governance of the global financial institutions to reflect changes in the world economy. In particular, emerging and developing economies, including the poorest, must have greater voice and representation.
Reinvigorating world trade and investment is another factor seen as essential to restoring global growth. The Summit agreed to ensure that the historic mistakes of protectionism in previous eras will not be repeated. It reaffirmed the commitment made in Washington, to refrain from raising new barriers to trade or investment, imposing new export restrictions, or implementing World Trade Organisation (WTO) inconsistent measures to stimulate exports.
The Summit also reaffirmed historic commitments to meeting the Millennium Development Goals, and to achieving respective Overseas Development Aid (ODA) pledges, especially to sub-Saharan Africa. This includes commitments on Aid for Trade, debt relief and the Gleneagles commitments.
These measures are seen as a positive global action in addressing the global financial crisis and are welcomed by South Africa.
For more information please contact Thoraya Pandy on 082 416 8416 or Thabo Masebe on 082 410 8087.
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Moving beyond macroeconomic imbalances and regulatory myopia...
How can the developing world respond to the global crisis?
Thank you for inviting me to speak to you today. I believe it is an appropriate occasion for me to extend a word of appreciation to you for creating such a vibrant and active forum for public discussion, which further deepens our culture of democracy.
Let me begin by positing a radical suggestion - I am confident that the global economic crisis will in due course give way to a more robust and more enduring era of economic development in Africa and the developing world than we have hitherto contemplated.
South is not a new event.
The extraordinary economic growth of China and India and the sharp decline in the number of people living in poverty worldwide.
The sustained rise in commodity prices, reflecting much more broadbased industrialisation and modernisation and associated demand for infrastructure and traded goods and services.
The rapid increase in the use of new, lower cost and efficiency-enhancing information and telecommunications technologies.
The rise in urbanisation rates and mega-cities across the developing world, and rapid increases in education and technology adoption.
Greater macroeconomic stability in much of the developing world, including several leading African economies.
Although growth may be interrupted for a period, these are powerful dynamics and they are not going to be reversed. In some respects the structural imbalances that underlie the present crisis are constraints to broader development, and so the resolution of these imbalances is a condition for more sustainable growth and prosperity. These are not just economic dynamics, or changing trade and financial relations.
There is, worldwide, a welcome (though sometimes troublesome) decline in political timidity, a strengthening of people-centered democracy, and a willingness to pursue reforms within developing countries.
There is an opportunity now to re-shape the international financial and developmental architecture to bring about both greater transparency and better resource flows to support the developing world.
Alongside the restructuring of trade and financial relationships we will begin to see better management of earnings disparities and, over time, greater fairness in labour market outcomes across the world.
These are trends that will complement other economic transitions: South-South economic links will strengthen, and in Africa a renewed impetus to reform intra-African economic barriers and commitment to cross-border public infrastructure will assist in supporting growth of markets.
Institutional evolution and overcoming barriers to broader economic development are not automatic, elegant trajectories however: the process will be uneven and for now we have to contend with a series of grave challenges associated with the current crisis, in particular the economic damage caused in the short-term by declining capital flows, rising macroeconomic instability, and job losses in vulnerable societies.
The World Bank estimates that 53 million more people will fall below the level of extreme poverty in 2009 and an additional 32 million people will lose their jobs in emerging countries in 2009.
The ILO estimates that the global number of unemployed will increase from 190 million in 2007 to 210 million in 2009.
Over the past few weeks there has been something of a turnaround in markets internationally and in South Africa.
1 Extreme poverty: person living on less than $1.5 per day.
adjustment.
There are tentative indications of a recovery, but this is not just about a new direction in financial market trends; there are also deep-rooted structural imbalances and massively distressed institutions which will take considerable time to be resolved.
Rising new orders and the continued sharp decline in inventories, reflected for example in the leading purchasing managers' indices of production, provide encouraging signs of improvement in global manufacturing. Sharply lower inventories, among other things, suggest that consumption of intermediate and final goods is now increasing. As inventories deplete, firms need to increase production to meet ongoing demand. The data underlying these developments come out of the US economy and a range of emerging markets, including China, Korea, Taiwan, Thailand, Brazil, and others.
The corresponding indicators in Europe and other parts of Asia are, however, less encouraging, and suggest that the sharp plunge in economic activity in the centres of the crisis is still working its way around the globe, and may be followed by a succession of after-shocks. The impact of these waves of retrenchment on employment is perhaps our most critical concern because of the effect job destruction has on aggregate demand.
The world still needs to fight through these turbulent tides, and the undercurrents are powerful and unpredictable. Part of doing that requires governments to demonstrate not just a capacity to reach diplomatic agreements, but also to implement difficult fiscal and financial adjustment programmes, often of unprecedented complexity. It is not enough to diagnose what is wrong, it is also necessary to design a response and construct the institutional capacity required for its implementation.
We are fortunate in that there have not been major shocks to our banking system, and the institutional implementation of our fiscal response very largely builds on plans and capacity that is in place, and infrastructure projects that are in progress.
But I can also report that President Motlanthe and I came away from the G20 Leaders' summit in London last week heartened by both the substance of engagement with extraordinarily difficult policy issues and the willingness of global leaders to think differently about the challenges of financing development.
I don't want to pretend that the world's structural trade problems have been dealt with or that there are not important differences of perspective between global leaders. Even the most immediate challenges of stimulating global demand and dealing with the non-performing assets on major financial institutions' balance sheets evoke sharply contrasting analyses and opinions amongst the major protagonists. There are different views on how the regulatory systems should evolve and on what kind of re-shaping of financial institutions and markets we should pursue.
It is not that the G20 is unfamiliar with the structural issues: it was in this forum that the issue of global macroeconomic imbalances was recognised and defined as a serious impediment to world economic stability several years ago. The implications of those imbalances for financial stability and international financial contagion were extensively and intensively discussed. The IMF and external observers of the global economic trajectory issued warnings over the inconsistencies building up in key economies. They pointed out the risks accruing to the developing world, which had benefited from the flow of capital looking for higher returns and the boom in commodity prices driven by growth in China and elsewhere. Too little of these discussions has filtered through to multilateral action or to national authorities and their assessment of domestic monetary policy or financial regulators.
Credit rating agencies implicitly validated the underlying view of the protagonists that the world could go on forever with the US and the UK over-consuming and China over-exporting. The search for yield on investments took progressively less account of the risks associated with the assets being sold to investors. And underpinning all of this was the idea that households, especially those in wealthy countries and enclaves around the world, could perpetually take on more debt because of sustained growth, asset appreciation, financial stability, low inflation and positive investment returns.
Nonetheless, the G20 has emerged as the successor to the G7/8 and a more credible forum for addressing the global economic crisis, and we need to see it as an important body in moving forwards to resolution and towards a new foundation for global economic coordination. For the latter effort, of course, the G20 has brought in heads of state and heads of government, and some beyond the normal G20 membership, and it seems sensible that this collective will need to be broadened further.
Certainly the G20 will need to make much faster progress in ensuring that our multilateral institutions more effectively raise the voice and participation of all members. A range of options are available for that, centred around reform of the governance and institutional makeup of these organisations, and involving adjustments to shareholdings and decision processes that reflect in a more balanced way the interacting interests of member states and their people. These actions should be grounded in a new compact with the developing world - on an agreed set of support mechanisms that add value to economic development - and a new compact with the developed world that emphasises mutual macroeconomic and financial dependence and the shared responsibility of the global community for our global endowment - the physical environment, human solidarity, accumulated knowledge and technology, shared transport, communications and energy resources and the institutions of social and economic cooperation that cut across national boundaries.
The fact of the matter is that global macroeconomic imbalances need to decline in size, and toxic assets need to be disposed of (written-off). The first requires a rise in saving in debtor countries and a decline in saving in creditor countries, and higher world interest rates for some years.
stabilising the global financial system, countering the economic downturn, ensuring resources and means of preventing a collapse in developing economies, and securing an open and fair trade and finance system for the long-term.
In the short-term, economic stabilisation is an obvious priority, while remaining perilously out of reach. Household saving has already risen in many countries and in due course household debt levels will retreat. But this will also lower consumer spending for an extended period of time, and therefore drag down economic growth in economies like the US, the UK and Europe. Consumer spending in those economies accounts for 40% of total economic activity in the world. As lower consumer spending feeds through into investment, medium term growth will also falter, and growth in economies with trade and financial ties with large advanced economies will also slow. We have seen this process in action over the past year or so as economic growth rates plunge around the world.
Declining debt levels for households and firms will emerge as the underlying dynamic driving the future economic recovery, but the pain experienced in the short-term is dramatic. Governments around the world have implemented fiscal measures to boost aggregate demand in the near term, in part to offset the general economic dislocation associated with the deleveraging. Monetary easing has in some countries been extensive, with historically low interest rates and quantitative easing in place in the US and the UK to try to get financial institutions to extend credit to firms and households.
By any fiscal or monetary measure, South Africa's macroeconomic response has been large. Our fiscal response as a ratio of the slowing in our gross domestic product has been larger than nearly all other countries, except for the United States.2 On the monetary side, the interest rate has been cut by 250 basis points, ranking us in the middle of the G20 spectrum. Unlike in the US and the UK, we have plenty of room for further monetary easing, and as inflation continues to fall, so too will our interest rates.
But these sorts of macroeconomic offsets to falling demand are not a panacea, and will do little to stop the economic adjustment facing overly indebted households and firms. Our task in the short and medium term is to ensure that we minimise the damage to the rest of the economy from deflation in the overindebted groups and sectors. Unfortunately, this is not a simple exercise, and many firms that have expanded in recent years will fall back to more sustainable levels of production and employment. Some sectors will need to shrink even further as they are more fundamentally uncompetitive. Governments here and abroad must address these challenges by ensuring that safety nets are in place and effective, that skills retraining works well and quickly, and that sectors of the economy not burdened by debt are able to grow and increase employment.
The adjustment of the South African economy to the crisis has been less severe than in many other countries. The exchange rate has depreciated significantly, by 27 percent in 2008, and it remains today 17 percent below the value pertaining in July 2008 at the height of the commodity boom. When the global economy begins to recover, a more competitive exchange rate should enhance foreign demand for our exports.
2 We measure this as the change in fiscal balances over the period 2007 to 2010 divided by the change in the output gap over the same period. The output gap is measured as the difference between potential economic growth (non-inflationary) and actual growth rates.
4.1 percentage points and the fiscal shift is -3.9 percentage points. The ranking of size of change is: US, SA, UK, Canada, Germany, France, Japan, Italy.
At the same time, South African households have set the stage for a recovery in the medium term in consumption. Household debt levels have declined sharply, from about 78% of GDP to our estimate of nearer 70% today, which, along with declining debt service costs, will help to free up considerable purchasing power. This will be offset negatively by a lower value for financial and property assets which are unlikely to reach their mid-2008 highs in the next few years, and which impact on consumer spending.
Easing credit constraints in advanced economies is critical to reinvigorating economic growth. But a major part of the crisis has been caused by the uncertainty about the value of defaulting assets on the balance sheets of many financial institutions - the so-called toxic assets of collateralized debt obligations and somewhat more indirectly credit default swaps. These need to be addressed to enable banks to stop restricting credit, and are being tackled in different ways in affected economies, including the use of liquidity support, government guarantees, equity purchases, deposit insurance, and moving impaired assets to bad banks or making markets to realise prices for the assets.
Exiting the crisis and setting the ground for a renewal of macroeconomic and financial stability and sustained economic growth will depend on how countries address national and international financial regulatory concerns. As you all know by now, widespread failures have become evident in everything from mortgage lending practices to the failure to realise that off-balance sheet special purpose vehicles constitute major balance sheet risks. The world's financial intelligentsia clearly erred in judging an appropriate and sustainable balance between supporting financial innovation and feeding the credit default swap casino.fundamentally disagree with the idea that we can get the former only if we allow the latter. We are in danger now of having both being shut down by populations angry at this folly.
Nevertheless, I believe the G20 has stepped out onto the right path by identifying a range of specific areas of financial regulation that need urgent attention.
Strengthen international regulatory cooperation.
Addressing the financial aspects of the crisis is clearly necessary, and while we might agree on many of the reforms to regulations, regulators, and financial markets, we also need to remain mindful of the long-term implications of what we do. We need to remain cognisant of the gains that have accrued to marginalised communities from the extension of financial services in recent years.
I believe that it will be necessary in coming months to move to protect those achievements and the economic benefits associated with them. The Mzanzi accounts, and the services related to them, have helped bring poorer communities closer to the formal economy, over time helping to reduce recourse to loan sharks and ultimately strengthening information networks that are important to more distant needs, like searching for jobs. In short, I am concerned that we wander too far down the road of reaction to the financial markets by penalising those among us that have least access and need it the most.
Yet the global crisis is pulling down growth rates in the developing world, as trade finance dries up and capital flows back to originating countries generates macroeconomic instability and reveals large financing gaps. The cost of capital for emerging markets which are able to borrow in international and sometimes their own domestic capital markets, has increased and remains high. The JP Morgan Emerging Market Bond Index has the average risk premium now at 633 basis points above the yield on US Treasuries.3 This elevated cost of capital will remain a constraint on emerging markets and developing countries until the global crisis eases.
The Institute for International Finance expects private capital flows to the developing world in 2009 to fall to just US$165 billion, compared to the high of US$920 billion achieved in 2007. This is a serious decline, and risks putting the recent favourable performance of many economies at risk of reversal. The developing world has taken on a more important role in world economic growth, and in 2009 and 2010 provides some buoyancy to global growth rates.
The G20 has agreed to a significant increase in financing for the IMF - US$250 billion - and considerably more was discussed as an option. The multilateral development banks will be further supported too. These represent important additions to the capacity of our multilateral institutions to prevent crises in the developing world and foster economic growth and sustainable macroeconomic policies.
Declining commodity prices and failing capital flows need to be offset within the developing world by greater access to multilateral financial flows, and critically a renewed commitment to domestic policies focusing on human capital development, institution and capacity building, and of course macroeconomic stability. Reinforcing the good policy trajectory of the past 15 or more years is in many ways the only response that the developing world has in its own power to decide on and implement. It needs to do so. Africa has to build on the progress achieved in defining regional economic integration as the building block of a successful continental economy.
3 South Africa's EMBI figure is 442.
So where does this leave us?
It is trite to observe that the global economic crisis will not disappear overnight. This is because the global macroeconomic imbalances of surplus countries feeding the insatiable appetites of deficit countries will not unwind quickly, especially for as long as we believe that it is the sole responsibility of the US to alter its policies to solve the immediate collapse in world aggregate demand. Yes, the US needs to act, and is doing so, but so too do countries with large current account surpluses and the rest of us. The unwinding of global imbalances depends on longer-term structural, regulatory and behavioural changes in many countries that will take time to achieve. In the meantime, macroeconomic volatility and international financial contagion emanating from advanced economies will present serious problems for the developing world.
There is a risk that global crisis will lead to national or regional inaction - I hope that I have made clear that I believe this is a time for renewed efforts towards accelerated economic integration in Africa and more broadly across the developing South. As trade and financial ties, many of timeworn provenance, disintegrate, new opportunities to forge more economically efficient relationships emerge. Trade between African countries seems a target worth examining in the interest of developing robust regional economic communities. Deeper integration and more rapid economic growth in Africa and the developing world generally carries with it extensive benefits for the world economy. Getting those regional policies right, however, requires us to focus ever more fervently on economic reform and institution building at home.
It is also important to examine in more detail what kind of economic adjustment is needed in conditions of declining foreign and domestic demand. While macroeconomic policy can, to some extent, help support demand, it cannot offset the decline on a one-for-one basis. This implies that demand for some sectors' output will fall, irrespective of government actions. The further implication is that firms will need to price to re-establish volumes of product sold or in demand. There are numerous examples of companies moving in that direction, including the recent announcements by ArcelorMittal South Africa and many retailers of significant price cuts.4 Unfortunately, some other industries appear to believe they can adjust best by raising prices in an effort to maintain profit margins on a smaller volume of sales. This seems especially unhelpful in the current environment, and will be costly in terms of employment.
From the side of government, limited state resources should continue to be deployed in the pursuit of economy-wide measures that have as broad an economic impact across as wide a range of firms, sectors and workers as possible. This starts of course with a stable, low inflation fiscal and monetary environment. It includes vigorous enforcement of competition laws, continued improvements in our regulatory regime, streamlining of our tax and tariff systems and upgrading of basic transport, energy and telecoms infrastructures. Improvements in education and basic health delivery must remain at the heart of our efforts to improve both competitiveness and social justice.
These are, in my view, better uses of public resources than the frequent demand made for special assistance to specific firms and sectors. In the National Treasury we have come to recognise the importance of creating the fiscal space when revenues are strong to help offset the downturns.
4 According to Engineering News, ArcelorMittal announced price cuts between 5 and 8% on steel orders from 1 April, on top of 40% declines since the middle of 2008. The World Steel Association said recently that capacity usage was around 50% to 60% currently, with global production down 24% in January. This is in contrast to auto manufacturers who are looking to raise prices this year by 20 to 30%.
irrational exuberance cannot be entertained. This is neither good for long term growth nor is it what is required to deal with our shorter term difficulties. A vigorous and competitive private sector is essential to our long-term economic development, backed up by an effective and capable public sector.
Allow me to conclude by making a few points about our multilateral system. A sustainable recovery for the global economy in my view requires a more balanced and inclusive governance structure for the world economy. Achieving that has proven rather difficult, largely because too much of the developed world and too much of the emerging world find it expedient to cling to the vestiges of power conferred on them (or held out to them) by our multilateral system. But we need to stand back and ask what the point of that jealousy really is. If we buy into the view that economics is a positive sum game, then our institutions should have as their central themes transparency, inclusion, and agreed rules. I fear that our historical legacy of nationalism and the national exercise of power continues to betray our global interest in a more inclusive system, and that this will have the effect of delaying our exit from the present economic crisis.
We can respond to this problem in several ways. One is to vigorously pursue regional economic integration - creating cross-border infrastructure, making better use of the multilaterals that we have agreed to strengthen, becoming bolder in our drives to reform and deliver. A second is to work much harder to ensure that we are delivering effective public services. A third is to place employment, productivity and competitiveness at the heart of our approach to trade and industrial policy and sector regulation. A fourth is to maintain our counter-cyclical, low inflation and prudent approach to macroeconomic policy. Finally, we must continue to define and give expression to the need for an inclusive and fair global economic system.
<fn>GOV-ZA.200904ChmDirectiveEn.2012-02-10.en.txt</fn>
Chief Masters Directive 4 of 2009 1.
Masters and the Deeds Office are in agreement that the general letter of authority issued by the Master in terms of section 18(3) does not authorize the Master's Representative to sell immovable property.
Therefore, where the Master's Representative wants (needs) to sell the property after having received his/her letter of authority, he/she will have to obtain a further direction from the Master which authorizes the sale of the property.
The application to the Master and the endorsement will follow the same format as an application for a section 42(2) application. The same form and endorsement must be used - the reference to section 42(2) must merely be changed to section 18(3).
If the purchase price (together with the value of the other assets in the estate) is less than R125 000, the Master should authorize the sale in terms of section 18(3) as part of the directions which the Master gives.
If the purchase price is in excess of R125 000, the Master must withdraw the letter of authority in terms of section 18(3) and issue letters of exectuorship, in which case the sale will require the Master's endorsement in terms of section 42(2).
It is important to note that the Master does not need to issue a section 18(3) endorsement where the fixed property is not sold out of the estate, but is being transferred to the heirs. The reason for this is that the letter of appointment (J.170) already authorizes the appointee to transfer the immovable property to the heir/heirs entitled thereto.
<fn>GOV-ZA.2009051201En.2012-02-10.en.txt</fn>
The fourth quarter year-to-date provincial budget statement of receipts and payments, published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 30 April 2009, is the first estimate of spending outcomes for the 2008/09 financial year which commenced on 1 April 2008 and ended on 31 March 2009. It is available on the treasury website at www.treasury.gov.za. These figures may be revised as provincial departments finalise (and reconcile) their financial statements by 31 May 2009 for submission to the provincial Auditors-General.
The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury by 21 April 2009. Queries on spending or adjusted budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
The budgeted expenditure figures take account of revisions effected in the provincial adjustment budgets, which include R7.6 billion allocated to provinces (R4.6 billion to the provincial equitable share and R2.9 billion to conditional grants) through the 2008 Adjusted Estimates of National Expenditure.
The approved additional adjustments to provinces were gazetted on 18 December 2008 and these additional transfers were taken up in the provincial adjusted budgets in terms of Section 31(2) of the PFMA and Section 22(2) of the Division of Revenue Act, 2008.
5.1 In compliance with Section 26 of the Division of Revenue Act, 2008, the national Department of Housing stopped the transfer of funds following slow spending on the part of the Eastern Cape (R270 million) and R52 million in North West to deal with ex-cross border projects in the Northern Cape.
5.2 In compliance with Section 27 of the Division of Revenue Act, 2008, the national Department of Housing re-allocated funds to the value of R322 million between provinces following demonstrated capacity to spend in Gauteng (R152 million), Free State (R68 million), Mpumalanga (R50 million) and R52 million in Northern Cape for ex-cross border projects.
In addition to the national adjustments, provinces increased their main budgets by R3.5 billion. The provincial adjustments consist mainly of unspent conditional grants not surrendered to the National Revenue Fund and other funds surrendered to the Provincial Revenue Funds during the 2007/08 financial year.
In light of the above, in aggregate, provinces increased their main budgets (expenditure side) by R11 billion with the bulk to health (R4.1 billion), education (R2.5 billion) and public works, roads and transport (R1.7 billion).
In aggregate, provinces have spent R263.1 billion or 101.4 per cent of their adjusted budgets of R259.5 billion in 2008/09 (preliminary outcome). This represents a spending increase year-on-year of 23.3 per cent or R49.7 billion over the audited R213.4 billion spent in 2007/08.
97.6 per cent in Western Cape and 98.
106.1 per cent in Gauteng and 104.2 per cent in KwaZulu-Natal.
The preliminary outcome shows that in aggregate six provinces have underspent their adjusted budgets by R1.7 billion. This is largely due to capital expenditure and conditional grants which reflect underspending in most provincial departments for 2008/09. However, Gauteng, KwaZulu-Natal and Limpopo overspent their adjusted budgets by R5.3 billion in aggregate, largely due to over-expenditure on personnel in provincial education and health departments.
In the case of Gauteng, a loan of R4.2 billion was allocated for the 2009/10 financial year, to assist the province in its contribution to the Gautrain project. Currently this project is the main reason for the overspending in the Gauteng province. Spending outcome on the Gautrain project amounts to R7.5 billion or 157.8 per cent against the adjusted allocation of R4.8 billion, which includes the provincial equitable share and conditional grant portions.
Eastern Cape 39 390 048 38 996 670 99.0% 14.8% 30 215 599 29.
Free State 16 246 339 16 058 734 98.8% 6.1% 13 275 300 21.
Gauteng 48 605 231 51 586 521 106.1% 19.6% 41 714 514 23.
KwaZulu-Natal 53 200 522 55 429 200 104.2% 21.1% 44 482 826 24.
Limpopo 30 562 400 30 672 008 100.4% 11.7% 24 735 315 24.
Mpumalanga 20 436 326 20 084 264 98.3% 7.6% 16 265 247 23.
Northern Cape 7 114 013 7 100 077 99.8% 2.7% 5 935 015 19.
North West 17 724 396 17 564 042 99.1% 6.7% 15 263 649 15.
Western Cape 26 223 171 25 596 089 97.6% 9.7% 21 523 432 18.
Total 259 502 446 263 087 605 101.4% 100.0% 213 410 897 23.
Education preliminary outcome is at R107.6 billion or 100.9 per cent of the R106.7 billion combined education adjusted budgets and remains the largest item on provincial adjusted budgets (41.1 per cent).
21.7 per cent or R19.2 billion increase compared with the audited spending in the 2007/08 financial year.
Health expenditure (preliminary outcome) is at R74.9 billion or 101.8 per cent of the R73.6 billion combined health adjusted budgets and is the second largest item (after education) on provincial adjusted budgets (28.4 per cent). The spending pattern reflects a 19.7 per cent or R12.4 billion increase compared with the audited spending in the 2007/08 financial year.
Social development preliminary outcome for the 2008/09 financial year is recorded at R8.3 billion or 97.8 per cent of the R8.5 billion social development adjusted budgets.
Total personnel expenditure, in aggregate, is at R145.5 billion or 103 per cent of the R141.2 billion personnel adjusted budgets.
In aggregate, provinces spent R21 billion or 91.1 per cent of their R23.1 billion combined capital adjusted budgets. This is an improvement of 23.5 per cent over the previous financial year, exceeding the audited R17 billion spent in 2007/08 by R4 billion.
Provincial education departments spent R4.7 billion or 95.9 per cent of their R4.9 billion education capital adjusted budgets, which is a massive 45.3 per cent or R1.5 billion more than the audited spending over the previous financial year.
Provincial health departments show improvement on capital spending when compared to the previous financial year, which is 15.8 per cent or R819 million more than the audited spending of the previous financial year. However, they have only spent almost R6 billion or 82.9 per cent against their R7.2 billion health capital adjusted budgets.
The greatest share of provincial capital is on the budgets of public works, roads and transport departments at 36.8 per cent. The sector spent R8.3 billion or 97.4 per cent against its combined capital adjusted budget of R8.5 billion. This represents an increase of 15.7 per cent or R1.1 billion compared to the audited outcome of last year.
Provincial own revenue collected is 0.9 per cent or R97.8 million more than the adjusted forecast of R9.2 billion. National government has transferred R204 billion of the equitable share and R41.2 billion in conditional grants to provinces, for the 2008/09 financial year.
The budgeted figures take account of revisions effected in the adjusted estimates of provinces, which were tabled in their provincial legislatures during November/December 2008 and also cater for amendments made to the adjusted estimates as a result of a Gazette that was published on 06 February 2009 which revised the allocations of the Integrated Housing and Human Settlement Development grant between certain provinces.
Table 1 indicates that provinces have spent R263.1 billion or 101.4 per cent of adjusted budgeted expenditure for the 2008/09 financial year. The preliminary outcome is at a higher level in percentage terms compared to the audited outcome for the 2007/08 financial year (98.8 per cent).
However, in nominal terms, spending is 23.3 per cent or R49.7 billion higher than last year when provinces had spent R213.4 billion (audited outcome). Between provinces, spending ranges from the lowest share of 97.
98.3 per cent in Mpumalanga to the highest at 106.
104.2 per cent in KwaZulu-Natal.
Eastern Cape 31 231 197 4 827 061 3 331 790 39 390 048 31 096 815 4 742 082 3 157 773 38 996 670 99.
Free State 12 108 442 2 232 166 1 905 731 16 246 339 12 255 160 2 095 290 1 708 284 16 058 734 98.
Gauteng 33 368 709 12 583 561 2 652 961 48 605 231 34 563 504 14 690 093 2 332 924 51 586 521 106.
KwaZulu-Natal 40 206 897 6 904 683 6 088 942 53 200 522 42 735 822 6 879 774 5 813 604 55 429 200 104.
Limpopo 24 280 178 4 178 182 2 104 040 30 562 400 24 500 700 4 117 753 2 053 555 30 672 008 100.
Mpumalanga 16 129 554 2 113 917 2 192 855 20 436 326 16 137 568 2 077 080 1 869 616 20 084 264 98.
Northern Cape 5 454 564 836 865 822 584 7 114 013 5 502 588 839 488 758 001 7 100 077 99.
North West 13 453 845 2 770 987 1 499 564 17 724 396 13 398 544 2 736 428 1 429 070 17 564 042 99.
Western Cape 19 265 568 4 449 024 2 508 579 26 223 171 19 268 212 4 410 304 1 917 573 25 596 089 97.
Total 195 498 954 40 896 446 23 107 046 259 502 446 199 458 913 42 588 292 21 040 400 263 087 605 101.
Provinces have budgeted R188.7 billion for social services, which include spending on education, health and social development.
Education 106 656 950 107 581 151 100.9% 40.9% 88 376 242 21.
Health 73 581 215 74 934 679 101.8% 28.5% 62 582 184 19.
Social Development 8 507 553 8 318 663 97.8% 3.2% 6 180 710 34.
Total 188 745 718 190 834 493 101.1% 72.5% 157 139 136 21.
Preliminary outcome on social services is recorded at R190.8 billion or 101.1 per cent of total provincial social services adjusted budget. This is 21.4 per cent or R33.7 billion more than the audited spending in 2007/08.
Social services adjusted budgets comprise 72.7 per cent of total provincial adjusted budgets in 2008/09. The original social services budget, in aggregate, has been increased by R6.8 billion during the provincial adjusted estimates process.
Education preliminary outcome is at R107.6 billion or 100.9 per cent of the total provincial education adjusted budget of R106.7 billion, an increase of 21.7 per cent or R19.2 billion compared to the R88.4 billion spent in 2007/08. The original education budget, in aggregate, has been increased by R2.5 billion during the provincial adjusted estimates process.
Eastern Cape 17 920 776 17 922 196 100.0% 46.0% 14 475 134 23.
Free State 6 721 166 6 714 944 99.9% 41.8% 5 797 303 15.
Gauteng 16 677 714 16 644 527 99.8% 32.3% 13 828 145 20.
KwaZulu-Natal 22 336 744 23 034 683 103.1% 41.6% 18 406 747 25.
Limpopo 14 543 907 14 694 002 101.0% 47.9% 11 814 587 24.
Mpumalanga 9 357 058 9 361 074 100.0% 46.6% 7 823 399 19.
Northern Cape 2 681 162 2 854 148 106.5% 40.2% 2 287 517 24.
North West 7 212 335 7 164 519 99.3% 40.8% 6 205 613 15.
Western Cape 9 206 088 9 191 058 99.8% 35.9% 7 737 797 18.
Total 106 656 950 107 581 151 100.9% 40.9% 88 376 242 21.
99.3 per cent and both Gauteng and Western Cape at 99.8 per cent, to the highest in Northern Cape at 106.5 per cent and KwaZulu-Natal at 103.1 per cent.
Eastern Cape 13 809 350 13 761 178 99.7% 60.0% 11 726 254 17.
Free State 5 008 875 5 344 685 106.7% 55.4% 4 519 134 18.
Gauteng 12 330 491 12 692 888 102.9% 54.6% 10 525 093 20.
KwaZulu-Natal 17 264 108 18 037 618 104.5% 58.0% 14 654 402 23.
Limpopo 11 399 533 11 849 305 103.9% 60.7% 9 649 099 22.
Mpumalanga 7 024 947 7 365 048 104.8% 62.7% 5 996 335 22.
Northern Cape 1 998 129 2 228 465 111.5% 57.3% 1 795 910 24.
North West 5 648 248 5 656 541 100.1% 57.1% 4 941 937 14.
Western Cape 7 046 663 7 090 065 100.6% 52.7% 5 904 035 20.
Total 81 530 344 84 025 793 103.1% 57.8% 69 712 199 20.
The bulk of education expenditure is on personnel (78.1 per cent). The preliminary outcome on education personnel amounts to 103.1 per cent or R84 billion of the education personnel adjusted budgets of R81.5 billion.
Spending by provinces ranges from the lowest in Eastern Cape at 99.7 per cent and North West at 100.
111.5 per cent and 106.7 per cent respectively.
The preliminary outcome on goods and services (mostly learner support material) in education is recorded at 88.1 per cent or R10.9 billion of its R12.4 billion adjusted budget. It comprises approximately 11.6 per cent of total provincial education adjusted budgets, which is 0.7 percentage points more than the share in 2007/08.
The preliminary outcome for education capital is at R4.7 billion or 95.9 per cent of the R4.9 billion education capital adjusted budget. Capital spending for education between provinces ranges from the lowest in Free State at 79.
Page 2 of 10 85.2 per cent to the highest in Northern Cape at 143.
107.6 per cent.
Eastern Cape 906 625 975 366 107.6% 30.9% 454 798 114.
Free State 411 099 326 977 79.5% 19.1% 234 803 39.
Gauteng 609 409 588 766 96.6% 25.2% 519 970 13.
KwaZulu-Natal 1 271 940 1 170 545 92.0% 20.1% 945 043 23.
Limpopo 711 525 723 283 101.7% 35.2% 420 207 72.
Mpumalanga 457 722 390 021 85.2% 20.9% 268 129 45.
Northern Cape 42 890 61 524 143.4% 8.1% 59 196 3.
North West 260 809 240 498 92.2% 16.8% 163 990 46.
Western Cape 203 940 199 113 97.6% 10.4% 152 668 30.
Total 4 875 959 4 676 093 95.9% 22.2% 3 218 804 45.
Eastern Cape 10 639 117 10 463 502 98.3% 26.8% 8 013 008 30.
Free State 4 469 305 4 427 154 99.1% 27.6% 3 833 997 15.
Gauteng 14 908 327 15 631 055 104.8% 30.3% 13 085 137 19.
KwaZulu-Natal 15 782 985 17 107 038 108.4% 30.9% 14 959 441 14.
Limpopo 7 952 100 7 963 512 100.1% 26.0% 6 131 640 29.
Mpumalanga 4 655 979 4 467 790 96.0% 22.2% 3 657 198 22.
Northern Cape 1 857 473 1 748 123 94.1% 24.6% 1 556 594 12.
North West 4 445 124 4 481 793 100.8% 25.5% 3 847 301 16.
Western Cape 8 870 805 8 644 712 97.5% 33.8% 7 497 868 15.
Total 73 581 215 74 934 679 101.8% 28.5% 62 582 184 19.
Health expenditure is at R74.9 billion or 101.8 per cent against the total provincial health adjusted budget of R73.6 billion, representing an increase of 19.7 per cent or R12.4 billion compared to the spending of the previous financial year.
Page 3 of 10 health budget, in aggregate, has been increased by R4.1 billion during the provincial adjusted estimates process.
Northern Cape and Mpumalanga have spent the lowest share of their health adjusted budgets at 94.1 per cent and 96 per cent respectively.
Eastern Cape 5 872 082 6 085 128 103.6% 26.5% 4 562 518 33.
Free State 2 706 811 2 875 936 106.2% 29.8% 2 351 744 22.
Gauteng 7 533 405 8 157 856 108.3% 35.1% 6 519 005 25.
KwaZulu-Natal 9 118 823 10 079 549 110.5% 32.4% 8 643 767 16.
Limpopo 4 782 971 4 690 744 98.1% 24.0% 4 044 354 16.
Mpumalanga 2 601 230 2 603 653 100.1% 22.2% 2 039 918 27.
Northern Cape 949 898 892 857 94.0% 22.9% 786 437 13.
North West 2 374 603 2 537 279 106.9% 25.6% 1 983 391 27.
Western Cape 4 833 626 4 875 569 100.9% 36.3% 4 138 765 17.
Total 40 773 449 42 798 571 105.0% 29.4% 35 069 899 22.
Health personnel expenditure is at R42.8 billion or 105 per cent of the health personnel adjusted budget of R40.8 billion, an increase of 22 per cent or R7.7 billion more compared to the R35.1 billion spent in 2007/08.
The preliminary outcome on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure, is recorded at 102.2 per cent or R26.1 billion of the R25.6 billion adjusted budget. This is an increase of 17 per cent or R3.8 billion compared to the R22.3 billion audited outcome in 2007/08.
Eastern Cape 1 101 532 822 782 74.7% 26.1% 802 396 2.
Free State 421 420 331 996 78.8% 19.4% 302 700 9.
Gauteng 1 533 174 1 325 536 86.5% 56.8% 1 084 843 22.
KwaZulu-Natal 1 298 231 1 188 143 91.5% 20.4% 1 070 936 10.
Limpopo 802 394 783 574 97.7% 38.2% 515 991 51.
Mpumalanga 535 977 386 278 72.1% 20.7% 223 672 72.
Northern Cape 304 721 199 324 65.4% 26.3% 227 447 -12.
North West 511 022 485 813 95.1% 34.0% 471 917 2.
Western Cape 724 429 469 649 64.8% 24.5% 474 224 -1.
Total 7 232 900 5 993 095 82.9% 28.5% 5 174 126 15.
Capital expenditure in the health sector is almost R6 billion or 82.9 per cent of the R7.2 billion health capital adjusted budget. This is lower than the overall capital expenditure against adjusted budgets of 91.1 per cent.
However, this is higher by 15.8 per cent or R819 million more than the R5.2 billion spent for the same period last year. Between provinces, the lowest rate of spending is in Western Cape at 64.8 per cent and Northern Cape at 65.4 per cent with Limpopo and North West recording the highest rate of spending at 97.
95.1 per cent respectively.
Provinces registered spending of 97.8 per cent or R8.3 billion of their R8.5 billion social development adjusted budgets. This represents a significant increase of 34.6 per cent or R2.1 billion above the R6.2 billion spent in 2007/08.
Eastern Cape 1 396 525 1 315 521 94.2% 3.4% 880 426 49.
Free State 555 947 540 494 97.2% 3.4% 426 048 26.
Gauteng 1 741 619 1 744 108 100.1% 3.4% 1 338 898 30.
KwaZulu-Natal 1 207 052 1 226 195 101.6% 2.2% 1 015 188 20.
Limpopo 725 606 687 726 94.8% 2.2% 416 492 65.
Mpumalanga 658 732 657 585 99.8% 3.3% 459 398 43.
Northern Cape 373 847 363 870 97.3% 5.1% 304 419 19.
North West 614 429 568 790 92.6% 3.2% 438 478 29.
Western Cape 1 233 796 1 214 374 98.4% 4.7% 901 363 34.
Total 8 507 553 8 318 663 97.8% 3.2% 6 180 710 34.
Between provinces, there are varying degrees of spending with the lowest being in North West at 92.6 per cent and Eastern Cape at 94.2 per cent while the highest are KwaZulu-Natal at 101.6 per cent and Gauteng at 100.1 per cent.
Housing and local government adjusted budgets at R15.1 billion comprise 5.8 per cent of total provincial adjusted budgets.
The preliminary outcome for the housing and local government sector is recorded at R15.1 billion or 99.5 per cent of the housing and local government adjusted budgets.
Eastern Cape 1 773 074 1 773 677 100.0% 4.5% 55.3% 1 003 544 76.
Free State 1 138 617 1 127 345 99.0% 7.0% 76.2% 695 880 62.
Gauteng 3 654 309 3 614 334 98.9% 7.0% 75.0% 3 308 811 9.
KwaZulu-Natal 2 883 976 2 906 521 100.8% 5.2% 55.8% 2 266 831 28.
Limpopo 1 204 912 1 199 954 99.6% 3.9% 68.7% 1 003 776 19.
Mpumalanga 1 250 808 1 240 072 99.1% 6.2% 64.2% 920 871 34.
Northern Cape 400 672 397 098 99.1% 5.6% 55.2% 394 314 0.
North West 1 209 661 1 186 195 98.1% 6.8% 80.3% 1 009 036 17.
Western Cape 1 615 814 1 615 649 100.0% 6.3% 80.8% 1 353 833 19.
Total 15 131 843 15 060 845 99.5% 5.7% 68.2% 11 956 896 26.
This represents an increase of 26 per cent or R3.1 billion more than the R12 billion audited outcome in 2007/08.
98.1 per cent and Gauteng at 98.
100.8 per cent and both Eastern Cape and Western Cape at 100 per cent.
Most of the housing and local government expenditure is on the Integrated Housing and Human Settlement Development conditional grant. Table 11 indicates that provinces spent 99.1 per cent or R10.3 billion of their R10.4 billion housing conditional grant adjusted budget. These spending figures are higher by 26 per cent or R2.1 billion over the audited outcome last year.
However, a total of R322 million of the Integrated Housing and Human Settlement Development grant has been stopped by the national Department of Housing due to a lack of spending capacity within Eastern Cape (R270 million) and R52 million in North West to deal with ex-cross border projects in the Northern Cape.
The national department of Housing, after the stopping of transfers, has re-allocated funds to the value of R322 million in terms of the Integrated Housing and Human Settlement Development grant towards Gauteng, Free State, Mpumalanga and Northern Cape. These provinces' allocations have been revised upwards by R152 million, R68 million, R50 million and R52 million respectively.
Eastern Cape 981 018 981 010 100.0% 2.5% 337 423 190.
Free State 859 122 859 038 100.0% 5.3% 466 608 84.
Gauteng 2 806 671 2 711 539 96.6% 5.3% 2 613 553 3.
KwaZulu-Natal 1 622 053 1 622 053 100.0% 2.9% 1 311 040 23.
Limpopo 824 806 824 882 100.0% 2.7% 633 167 30.
Mpumalanga 796 669 796 669 100.0% 4.0% 652 191 22.
Northern Cape 219 274 219 273 100.0% 3.1% 231 021 -5.
North West 952 125 952 060 100.0% 5.4% 785 516 21.
Western Cape 1 305 862 1 305 864 100.0% 5.1% 1 121 708 16.
Total 10 367 600 10 272 388 99.1% 3.9% 8 152 227 26.
The preliminary outcome for personnel (compensation of employees) is at 103 per cent or R145.5 billion of the R141.2 billion personnel adjusted budget.
100.2 per cent and 100.7 per cent respectively while KwaZulu-Natal and Free State recorded the highest rates at 105.4 per cent and 104.8 per cent respectively.
Eastern Cape 22 779 012 22 945 890 100.7% 58.8% 18 614 356 23.
Free State 9 200 605 9 645 989 104.8% 60.1% 8 070 780 19.
Gauteng 22 311 633 23 244 166 104.2% 45.1% 19 032 384 22.
KwaZulu-Natal 29 514 916 31 113 127 105.4% 56.1% 25 653 344 21.
Limpopo 19 109 726 19 520 432 102.1% 63.6% 16 165 844 20.
Mpumalanga 11 386 071 11 754 402 103.2% 58.5% 9 417 663 24.
Northern Cape 3 732 036 3 890 705 104.3% 54.8% 3 198 574 21.
North West 9 754 764 9 897 928 101.5% 56.4% 8 415 843 17.
Western Cape 13 412 363 13 444 932 100.2% 52.5% 11 267 738 19.
Total 141 201 126 145 457 571 103.0% 55.3% 119 836 526 21.
The preliminary outcome for the "payments for capital assets" category (capital), in aggregate, is at 91.1 per cent or R21 billion of the R23.1 billion capital adjusted budget. This is 23.5 per cent or R4 billion more than the R17 billion spent in the 2007/08 financial year.
Table 13 provides capital spending information by province, which indicates low rates of spending in Western Cape at 76.4 per cent and Mpumalanga at 85.3 per cent and high rates in Limpopo at 97.6 per cent and KwaZulu-Natal at 95.5 per cent. However, in absolute terms, KwaZulu-Natal has spent the most at R5.8 billion followed by Eastern Cape at R3.2 billion and Gauteng at R2.3 billion.
The biggest capital budgets in provinces are in public works, roads and transport departments at 36.8 per cent or R8.5 billion of the total provincial capital adjusted budget of R23.1 billion.
97.4 per cent or R8.3 billion which is an increase of 15.7 per cent or R1.1 billion more than the R7.2 billion audited outcome last year.
Eastern Cape 3 331 790 3 157 773 94.8% 8.1% 2 215 746 42.
Free State 1 905 731 1 708 284 89.6% 10.6% 1 299 678 31.
Gauteng 2 652 961 2 332 924 87.9% 4.5% 2 810 607 -17.
KwaZulu-Natal 6 088 942 5 813 604 95.5% 10.5% 4 315 983 34.
Limpopo 2 104 040 2 053 555 97.6% 6.7% 1 396 086 47.
Mpumalanga 2 192 855 1 869 616 85.3% 9.3% 1 364 611 37.
Northern Cape 822 584 758 001 92.1% 10.7% 679 193 11.
North West 1 499 564 1 429 070 95.3% 8.1% 1 277 943 11.
Western Cape 2 508 579 1 917 573 76.4% 7.5% 1 674 741 14.
Total 23 107 046 21 040 400 91.1% 8.0% 17 034 588 23.
78.5 per cent and Limpopo at 90 per cent, while Gauteng and KwaZulu-Natal recorded the highest rates of spending at 156.5 per cent and 103.8 per cent respectively.
The total conditional grant adjusted allocation is R42 billion (including Schedule 4 grants and provincial roll-overs) with health making up the bulk at R14.3 billion.
Total excluding Schedule 4 grants 23 166 101 2 658 343 216 409 26 040 853 25 394 306 24 466 095 94.
Total excluding Schedule 4 grants and Gautrain 19 900 108 2 658 343 216 409 22 774 860 22 128 313 21 200 102 93.
Page 8 of 10 34.
Table 14 reflects the preliminary outcome on conditional grants for all provinces. It includes conditional grant roll-overs from the 2007/08 financial year and other provincial adjustments, but excludes spending on general purpose conditional grants (Schedule 4 grants) like National Tertiary Services, Health Professions Training and Development and the Infrastructure grant to provinces, as reporting against these grants cannot be separated from the provinces' health and capital budgets.
Preliminary expenditure outcome on the Comprehensive Agricultural Support Programme grant (also Schedule 4) is subsumed in a range of programmes and therefore no separate reporting is required in terms of the Division of Revenue Act, 2008.
Against the total adjusted allocation of R26 billion, this excludes Schedule 4 grants, the preliminary outcome of conditional grants amounts to 94 per cent or R24.5 billion. However, when excluding the Gautrain Rapid Rail Link grant, the conditional grant expenditure amounts to R21.2 billion or 93.1 per cent against the total adjusted allocation of R22.8 billion.
Specific grants that show low rates of spending include Devolution of Property Rate Funds (78.4 per cent), National School Nutrition Programme (83.5 per cent), Hospital Revitalisation (83.9 per cent) and Community Library Services (89.8 per cent).
Table 15 indicates selected conditional grant spending rates as at 31 March 2009. It further indicates that five or more provinces have spent less than 95 per cent of their grants adjusted budgets at the end of the financial year for the following grants: Community Library Services, National School Nutrition Programme and Hospital Revitalisation.
The table also indicates the number of provinces spending at slightly higher levels between 95 and 100 per cent and greater than 100 per cent of their conditional grant adjusted budgets.
Percentages represent actual expenditure of adjusted budgets as published in the Division of Revenue Act, 2008 (Act No.2 of 2008) and subsequent gazettes.
Provincial revenue includes adjusted equitable share allocations of R204 billion, conditional grants of R41.6 billion and own revenue of R9.2 billion.
99.9 per cent or R254.5 billion of total adjusted revenue of R254.8 billion.
Eastern Cape 896 611 949 221 105.9% 2.5% 1 008 246 -5.
Free State 594 417 558 884 94.0% 3.4% 546 979 2.
Gauteng 2 695 314 2 244 521 83.3% 4.7% 2 761 473 -18.
KwaZulu-Natal 1 591 724 1 669 863 104.9% 3.1% 1 415 701 18.
Limpopo 539 803 560 810 103.9% 1.8% 493 695 13.
Mpumalanga 375 377 549 453 146.4% 2.8% 506 092 8.
Northern Cape 145 635 164 098 112.7% 2.3% 138 090 18.
North West 571 284 671 499 117.5% 3.8% 510 217 31.
Western Cape 1 783 559 1 911 926 107.2% 7.6% 1 997 601 -4.
Total 9 193 724 9 280 274 100.9% 3.6% 9 378 094 -1.
National government transferred all or R204 billion of the equitable share and 99 per cent or R41.2 billion in conditional grants, to provinces at the end of the 2008/09 financial year.
The preliminary outcome on provincial own revenue suggests that provinces have collected R9.3 billion or 100.9 per cent of their own revenue adjusted budgets of R9.2 billion, which is 1 per cent or R97.8 million less than what was collected for the 2007/08 financial year.
The collection rate varies from 83.3 per cent in Gauteng and 94 per cent in Free State, to a high of 146.4 per cent in Mpumalanga and 117.5 per cent in North West.
<fn>GOV-ZA.2009052501En.2012-02-10.en.txt</fn>
Finance Minister Pravin Gordhan will address the media tomorrow at the Union Buildings about the first quarter GDP figures. This will follow the release of the GDP figures by Statistics South Africa tomorrow morning. The Minister will be joined by Deputy Finance Minister Nhlanhla Nene and Director General Lesetja Kganyago.
<fn>GOV-ZA.2009052601En.2012-02-10.en.txt</fn>
The GDP figures released this morning confirm that South Africa, along with much of the global economy, is in a recession. For South Africa, this is the first recession since 1992. However, the economy is expected to improve in the final two quarters of this year.
Looking ahead, we expect another quarterly contraction for the second quarter, but this is expected to be smaller. Quarter on quarter figures are expected to show improvement and a stronger economy in the second half of 2009. We are unlikely to achieve the GDP growth rate for this year expected at the time of the Budget.
Domestically, interest rates have come down by 350 basis points since last year, as inflation has moderated from the highs of 2008. This monetary easing will help to improve credit conditions, ease pressures on consumers and small businesses, and raise growth rates.
There is a lot going for South Africa. We are in a strong fiscal position which means that we are able to respond to this crisis without putting an undue burden on future generations. This underlying strength in the South African economy has meant that this slowdown is less severe than in many countries. The fiscal stimulus announced in the 2009 Budget has supported economic activity, especially in infrastructure, prolonging growth in the construction sector. The inflows of tourists for the Confederations Cup, and private and public investment ahead of the World Cup, are also expected to provide support to the local economy.
These factors are expected to continue to support economic activity in the medium term.
While indicators of real economic activity are expected to remain weak in coming months, some tentative signs of improvement in the world economy suggest that the global contraction may have bottomed-out. Commodity prices, capital inflows, and indicators of purchasing manager's outlook in some key global economies have stabilised and even strengthened.
<fn>GOV-ZA.200905272010volunteersEn.2012-02-10.en.txt</fn>
The 2010 Project Office of the Department of Justice and Constitutional Development will empower volunteers involved with the 2009 Confederations Cup and the 2010 FIFA World Cup.
This is in support of the Department of Sports and Recreation's recommendation, after it identified a need for government departments to train volunteers for the two soccer spectaculars. The Safety and Security SETA has awarded R1m to the department for this important function.
The Project Offices says the volunteers targeted are mainly young, unemployed citizens drawn from all Provinces. They would be trained in fields related to the administration of justice for the tournaments. In the spirit of the Legacy Projects, these skills would be valuable beyond 2010 for the youngsters.
Provide support function as directed by the SPP specifically for event cases.
Through this, the 2010 Project Office hopes to contribute to the smooth running of the games, train young people, create a lasting legacy and a sense of commitment to the events. For more information call the Project Office on 012 357 8745.
Volunteering at other departments is open to employed and unemployed people with various skill levels. The aim is that volunteers will be able to get a recognised qualification in volunteerism - with general volunteer skills as the basis and the possibility of specialisation in areas such as media, protocol, transport, hospitality, tourism, safety and security, health or communication. This is part of the AsgiSA focus on education and skills development.
To be selected to participate in the broader 2010 volunteer programme operated by the Organising Committee, candidates must be 18 years or older by 1 March 2009. Professional people, students, unemployed young people and retired citizens can all apply to be part of the programme. Volunteers must be able to stay in one of the host cities during the tournament.
<fn>GOV-ZA.200905WorksheetSxoadpEn.2012-02-10.en.txt</fn>
Tel: 012 392 9553 dclark@justice.gov.
PC fax: 086 686 3938 capienaar@justice.gov.
The primary aim of the Discussion Paper is to consider the need for law reform in relation to adult prostitution and to identify alternative policy and legislative responses that might regulate, prevent, deter or reduce prostitution. A secondary aim is to review the fragmented legislative framework which currently regulates adult prostitution. Under South African legislation, voluntary selling of adult prostitution, buying of voluntary adult sex as well as all prostitution related acts are criminal offences.
In this Discussion Paper the Commission defines prostitution as 'the exchange of any financial or other reward, favour or compensation for the purpose of engaging in a sexual act'. As there is a marked distinction between the conditions, environment and demographic profile of prostitutes, the Commission makes a further distinction between indoor and outdoor prostitution.
The Discussion Paper is divided into three parts.
First, the Commission analyses the social and legal context of prostitution by referring to a range of legal, social and economic factors relevant to the question of whether reform of the law relating to adult prostitution is needed. The Commission explores the impact of the current law on prostitutes and also examines enforcement of the law. The socio-economic determinants of prostitution suggest that prostitution is driven by a complex intersection of social and economic factors in which poverty and inequality are key drivers. The Commission further examines what motivates the supply and the demand for prostitution and considers the links between prostitution and crime, prostitution and drugs and between prostitution and HIV.
The Commission raises the question of what is an appropriate response to prostitution in the context of a Constitution committed to advancing human rights and social justice. It also explores international law in relation to prostitution and suggests that the current law might fail to comply with South Africa's international obligations.
Second, the Commission engages in an extensive comparative analysis as to how other countries have addressed prostitution in their laws.
Third, the Commission makes general proposals in preparation of reforming the law on prostitution.
Regulation of adult prostitution and prostitution related acts.
All of the proposed options presuppose the criminalisation of under-aged and coerced prostitution and trafficking of people for the purpose of prostitution. The criminalisation of coerced adult prostitution must be included in the option which is ultimately recommended in the report.
The Commission requests the public and other role players to comment on the proposals in the Discussion Paper or to propose alternative models to assist the Commission to identify an appropriate legislative model for South Africa.
In Chapter 8 of the Discussion Paper the Commission makes general proposals in preparation of reforming the law on prostitution.
A new Adult Prostitution Reform Act which may include or exclude provisions of the Sexual Offences and Sexual Offences Amendment Acts See the proposals on worksheets 2-5.
Do you agree with the general proposals If not, please motivate your disagreement?
all prostitution related acts.
How must prostitution (currently 'unlawful carnal intercourse') be defined in the new Adult Prostitution Act?
reduce the demand for prostitution?
reduce harm and vulnerability to abuse and exploitation of prostitutes?
assist prostitutes to enforce their rights to equality and access to health?
avoid the stigmatisation and discrimination of prostitutes?
address concerns regarding prostitution and crime?
address concerns regarding public health and HIV?
assist to create an environment for prostitutes to exit prostitution?
How must the issue of criminal record for prostitution when leaving prostitution and seeking alternative employment be addressed?
In one, activities related to prostitution such as soliciting, brothel-keeping and living off the earnings of prostitution are prohibited, while prostitutes themselves are free from criminal sanction.
Another version criminalises persons who solicit or facilitate the performance of sexual services of prostitutes i.e.
criminalise some or all acts related to unlawful prostitution, the Commission proposes a new Adult Prostitution Act to criminalise specific acts related to unlawful prostitution e.g.
procurement of unlawful prostitution.
living on earnings of unlawful prostitution.
assistance for purposes of unlawful prostitution.
enticing, soliciting or importuning unlawful prostitution.
How must indoor prostitution be defined?
How must outdoor prostitution be defined?
Engaging outdoor sexual intercourse of persons 18 years and over for reward outside a brothel?
Having outdoor sexual intercourse for reward with persons 18 years and over?
Procurement of unlawful prostitution?
Living on earnings of unlawful prostitution?
Assistance for purposes of unlawful prostitution?
Enticing, soliciting or importuning unlawful prostitution?
What would the purposes of the new law?
South Africa's international obligations?
How must the issue of criminal record for prostitution (under the current dispensation) when leaving prostitution and seeking alternative employment be addressed?
The focus of the non-criminalisation model is on self-regulation of prostitutes and prostitution and prostitution related acts are not criminalised.
Prostitutes working for an employer in a legal prostitution venue are employees under a legal service contract and the general labour-, tax-, unemployment insurance law apply.
Prostitutes working as independent contractors do not fall in the scope of laws such as the Labour Relations Act of 1995, the Employment Equity Act of 1998, the Basic Conditions of Employment Act of 1997, the Occupational Health and Safety Act of 1993 and the Unemployment Insurance Act of 2001.
The law of contract applies to any agreements between prostitutes and clients to buy and sell sexual services.
No action is criminal purely because it took place in a prostitution context.
Prostitutes and prostitute organisations are involved in systems and processes to design measures to protect the general welfare and human rights of prostitutes.
Other stakeholders in prostitution such as management, clients and the communities where prostitutes work are involved in systems and processes to develop measures regarding advertising, zoning, ownership of property and trade unions.
develop exit strategies for prostitutes who want to leave prostitution.
Systems and procedures for regular consultation?
A prostitution supervisory body, representing the key role players in prostitution, to review the prostitution regime and make recommendations to government on a regular basis?
Protecting the rights of prostitutes to at any time, refuse to provide or to continue to provide, a commercial sexual service to any other person?
Protecting the right of the other party to recover contractual damages for the provision of sexual services that is not performed?
Exclusion of persons from running a prostitution business if they are convicted offenders of specific offences?
Amnesty to prostitutes with a criminal record for prostitution and prostitution related offences who wish to exit prostitution?
Safe sex practices in prostitution?
Enjoyment of human rights by prostitutes and their clients?
Should the matters listed in question 1 be dealt with in this law or elsewhere?
What are you hoping to achieve with this option?
To what extent can this aim be achieved through the law?
Are there further matters that need to be addressed in this law?
legal but strictly regulated outdoor prostitution.
outdoor prostitution is restricted to prostitution zones1 the Commission proposes a new Adult Prostitution Reform Act to regulate specific aspects of prostitution and restrict outdoor prostitution to prostitution zones.
Which aspects of prostitution should be regulated?
selling and buying of unlawful prostitution YES/N?
procuring for the purposes of buying unlawful prostitution YES/N?
living on earnings of unlawful prostitution YES/N?
detention for purposes of unlawful prostitution YES/N?
non-compliance with the regulatory system YES/N?
advertising of prostitution?
implementation by the police or similar state law enforcement agencies?
police access to venues where prostitution takes place?
legal mechanisms and procedures for the closing down of illegal venues?
Must regulatory powers be housed within administrative authorities or medical authorities?
Must the regulatory functions be at national, provincial or local level?
Will provincial administrations and/or local authorities have some discretion e.g. may local authorities choose to criminalise prostitution?
1 The Commission proposes this version because it allows a fuller description of the possibilities under this option.
<fn>GOV-ZA.200905inviteworkshopsxoadpEn.2012-02-10.en.txt</fn>
The South African Law Reform Commission (the Commission) cordially invites you to request an invitation to attend a workshop on Sexual Offences: Adult Prostitution. The purpose of the workshop is to discuss the proposals contained in the discussion paper on Sexual Offences: Adult Prostitution and to focus on law reform initiatives in this regard. The Commission will consider inputs made and use insights gained during the deliberations in drafting its report on Sexual Offences: Adult Prostitution and its final recommendations to the Minister for Justice and Constitutional Development. A copy of the provisional programme is attached.
The Commission will provide light refreshments for lunch. Workshop participants will be responsible for their own transport and accommodation.
A copy of the Discussion Paper is available on request from the Law Reform Commission or may be accessed on the Law Reform Commission's website at: http://www.salawreform.justice.gov.za. Some copies of the discussion paper and summaries thereof will be made available at the workshop.
We look forward to seeing you at the workshop!
15.00 Workshop ends.
<fn>GOV-ZA.2009060101En.2012-02-10.en.txt</fn>
National Treasury releases for public comment a draft of the taxation laws to give effect to the tax proposals announced in the 2009 Budget and outlined in the 2009 Budget Review (available on www.treasury.gov.za). A draft of the 2009 Taxation Laws Amendment Bills can be found on the websites of the National Treasury or SARS (www.sars.gov.za).
The draft 2009 Taxation Laws Amendment Bills are published for public comment before the Bills are formally tabled in Parliament. The Standing Committee on Finance (previously the Portfolio Committee on Finance), established in terms of the Money Bills Amendment Procedure and Related Matters Act, convenes informal hearings on the draft bills and considers public comments received. The Bills are then revised by the National Treasury and presented to the Committee, before being formally tabled by the Minister of Finance. This procedure has become the established practice for the annual tax legislation to allow members of the public, practitioners and other role players to make inputs. The established procedure continues to apply to these bills, as the new procedure outlined in the Money Bill Amendment Procedure Act only takes effect after the passing of the Appropriation Bill later this year. It is the prerogative of the Standing Committee to apply the new procedure outlined in the new Money Bill Amendment Procedure Act at the appropriate time.
For technical reasons, the draft tax laws also have to be split into two bills - a money bill (section 77 of Constitution) and an ordinary section 75 (of the Constitution) bill - as has been the practice in previous years. There will therefore be no Revenue Laws Amendment Bills in 2009. The Taxation Laws Amendment Bills incorporates the Revenue Laws Amendment Bills, as well as the draft bills published on 19 February 2009 dealing with rates, thresholds and urgent matters.
Environmental incentives: The Income Tax Act contains two incentives in support of the environment. The sale of certified emission reductions (also known as carbon emission reductions credits) will be exempt from income tax. Secondly, businesses will obtain notional deductions for income tax purposes for energy efficiency savings from certified baselines based on energy efficiency certificates issued by the National Energy Efficiency Agency.
Note that the implementation of the environmental levy of 2 cents per kWh on electricity generated from non-renewable resources as announced in 2008 was delayed and will now take effect on 1 July 2009. The imposition of this levy does not require any new legislation in these draft bills.
Conversion of the Secondary Tax on Companies to the new Dividends Tax: In 2008, the basic rubric for the new Dividends Tax was enacted. The proposed 2009 legislation contains supporting amendments. These amendments prevent taxpayers from converting the taxable sale of shares into tax-exempt pre-sale dividends, and impose the new Dividends Tax in respect of deemed dividends (e.g. loans to connected persons). The legislation also creates an equal playing field for both domestic and foreign shares listed on the JSE, and hence the 10 per cent charge on dividends will also apply to foreign shares listed on the JSE.
Learnership tax allowance: The tax incentive to encourage employers to train/up-skill their employees through registered learnerships or apprenticeships will be streamlined and further enhanced. If an employee successfully completes a 12 month learnership, his or her employer will be able to claim an additional deduction of R60 000. This will result in a tax relief for the employer of R16 800 per employee. Where an employee successfully completes a three year apprenticeship, the employer will be able to claim an additional allowance of R180 000 at the end of the third year, resulting in a tax relief of R50 400 per employee. A more generous dispensation applies to employers who train employees with disabilities, with employers qualifying for a 66.67 per cent higher tax relief than for that for employees without disabilities.
Travel (car) allowances: Repeal of the deemed kilometre method: The deemed kilometre method for deducting travel expenses will be repealed with effect from 1 March 2010. The repeal of this method will eliminate an unintended subsidy for commuting by car (a personal expense). Individuals who use their private vehicles for businesses purposes and who receive a travel (car) allowance will still be able to claim such expense by maintaining a logbook of business kilometres travelled. The PAYE system for travel (car) allowances will be adjusted so that 80 per cent of this allowance will be subject to PAYE. The 80 per cent rule will prevent under-withholding from taxpayers once the deemed kilometre method is repealed.
Retirement withdrawals: The proposed legislation completes the reform process set in motion in 2008 regarding the taxation of retirement and pre-retirement withdrawal lump sums. Most of the proposed legislation dealing with lump sum tables and clarification of anomalies was published in the first batch of draft legislation in February 2009. The proposed legislation also seeks to simplify the taxation of minor beneficiary funds subject to regulation by the Financial Services Board, and to clarify the law when employers legitimately withdraw employer surpluses from retirement funds.
Estate Duty: The proposed amendments seek to assist middle-income families while deterring Estate Duty avoidance at the upper end. In terms of assisting the middle class, the proposed amendments allow the R3.5 million deduction from Estate Duty to rollover from the deceased to a surviving spouse (so that the surviving spouse can use a R7 million deduction amount on death). In terms of anti-avoidance, the rules close a commonly utilised 1-year usufructory arrangement that artificially seeks to undermine the value of inherited property.
Provisional tax: In 2008, the provisional tax system was tightened to require 80 per cent accuracy in respect of the second provisional payment when compared to final assessed taxes due. Amid concerns that this requirement may not always be possible (especially for smaller businesses), the 20 per cent penalty will be waived in certain circumstances.
The National Treasury and SARS are scheduled to brief the Parliament's Standing Committee on Finance regarding the draft legislation in mid-June 2009. For further details about the exact date, contact Bradley Viljoen at Parliament at bviljoen@parliament.gov.za or by telephone on 021 403 3759. Comments should be submitted to both the Parliamentary Standing Committee on Finance at the above email, and directly to the National Treasury to Nomfanelo Mpotulo at nomfanelo.mpotulo@treasury.gov.za by 26 June 2009. To assist in processing these comments, comments should be given in the order listed as per the explanatory memorandum.
<fn>GOV-ZA.2009060501En.2012-02-10.en.txt</fn>
Mr President, your administration takes office during one of the toughest economic times in living memory. South Africa is facing its first recession in 17 years and we are witnessing global economic conditions last seen during the great crash of the stock market in 1929 and the depression that followed. This is a reality we must accept. Thanks in part to the health of our public finances, this is not a paralytic constraint. We remain committed to the goal of a better life, inclusive economic growth, decent jobs, and dignity and social justice for all our people.
Adversity and challenge have always inspired South Africans to reach greater heights. Ours is a long-standing culture of resilience, creativity, and a passion to deliver and to overcome the odds.
The new challenge you put to us is to focus on better delivery, and to work together in the spirit of cooperative governance and partnership with all sections of society. We remain mindful that the collective sum of a well-directed programme of action is far greater than the sum of its individual parts.
Mr President, you have inspired us to ask the tough questions, to be humble and reflective about our shortcomings. The current challenges require us to find new ways of doing things. We must be willing to shift or transform our paradigms so that we can be more focused and effective in delivering the priorities outlined in the State of the Nation Speech.
According to the IMF, "the global economy is in a severe recession inflicted by a massive financial crisis and an acute loss of confidence. While the rate of contraction should moderate from the second quarter onward, world output is projected to decline by 1.3 per cent in 2009 and to recover only gradually in 2010, growing by 1.9 per cent. Achieving this turnaround will depend on stepping up efforts to heal the financial sector, while continuing to support demand with monetary and fiscal easing."
The global crisis is not of our making. However, the virus of this crisis affects the entire globe. The damage has spread from the financial sector in developed countries to the real economy all over the world. It is now accepted that the crisis we are facing today can be traced back to the early 80s with the deregulation of many financial institutions. Some institutions became "too big to fail". Unconstrained greed and the failure of risk management and corporate governance are hallmarks of this crisis.
The impact of the financial crisis on the real economy and the depth of uncertainty have evoked questions and debates about economic models. There are now calls for a fundamental change to the relationship between governments, citizens, capital markets and the rest of the economy. The crisis is challenging conventional wisdom amongst economists, ratings agencies, and the financial sector itself. Deputy President Motlanthe and Minister Manuel have engaged with the G20 and other institutions to develop a global response.
Like the rest of the world, South Africa has not escaped the effects of the global recession. Since the last quarter of 2008, our economy has been in decline, export earnings have fallen and jobs have been lost. Nonetheless, we are better off than many other countries in the world.
The immediate implication for fiscal policy in South Africa is that, despite the best efforts of our Revenue Service, tax revenues, after adjusting for inflation, are expected to decline.
Needless to say, there will be limitations to what we can spend. Our ability to borrow from the capital markets is now limited by higher borrowing costs. We are compelled therefore to separate in the programme of action those things that need to be done urgently, from those that will have to await a more favourable economic outlook. We must also ensure that every rand that the government spends achieves the set goals and has the desired impact.
In February this year, taking account of the global economic slowdown, government tabled its most expansionary budget in our short history. As a result our economy is weathering the devastating storms only because of tough decisions taken earlier.
As we weather the storm we must also address more fundamental issues impacting on job creation. We must "never waste a good crisis". The current global contagion presents us with an opportunity to transform and restructure our economy so that we can take full advantage when the tide turns.
The budget provided for a deficit of 3.8 per cent of GDP, and together with the borrowing requirement of state owned enterprises, the public sector borrowing requirement is set to reach R186 billion. Foremost amongst our responses to the economic crisis is our R787 billion infrastructure investment programme. In general, the major projects are on track and are being funded. The National Treasury is working with Eskom, Transnet, the National Roads Agency and our water authorities to ensure that these enterprises can borrow the required funds in the capital markets with state support, where necessary.
The budget also announced a significant step-up in spending on public works programmes. I want to reaffirm a commitment made by my predecessor, Minister Manuel in this regard. We also welcome the inclusion of a community works programme under the auspices of the EPWP and we will endeavour to support this new stream of projects.
Our approach will continue to ensure fiscal sustainability. We will find creative ways of funding government's programmes. We are determined to root out corruption and inefficiencies. We will ensure that government gets value for the money it spends. We will create better synergies and effective partnerships both within government and with other stakeholders.
In addition to these measures, National Treasury is working with other departments to implement recommendations made by the Joint Presidential Economic Working Group in response to the global economic crisis. Job creation is the joint outcome of several things: industrial and trade promotion, labour market arrangements, skills development, macroeconomic management, investment in technology, rural development, land use planning, housing and urban development.
Parliament has revived the Appropriation Bill, allowing for the 2009 budget proposals to take effect. Other legislative procedures include the revision of the list of department names - in terms of section 14 of the Money Bills Amendment Procedure and Related Matters Act - which Minister Baloyi is finalising. Government's spending programmes for the present year are well under way.
We have also identified the need for strategic alignment between state-owned enterprises and development finance institutions in order to maximise capital investment in the domestic economy. The capital resources and delivery mandates of development finance institutions will be better co-ordinated to facilitate and give impetus to the development programmes in our economy.
Better alignment of these institutions with government's strategic priorities will strengthen our developmental agenda. In the course of this year, I will table proposals to a committee of Ministers overseeing our development finance institutions to consider how we can draw private sector financial institutions into appropriate co-financing and risk sharing arrangements, in support of infrastructure investment and broader access to credit.
Over the past decade considerable progress has been made, Honourable Speaker, in improving our tax system and broadening the tax base. Government is still required to raise revenue, even in these difficult times. This would require of all of us to pay our fair share of taxes, and stop the abuse of our tax system. I am happy to report to this House that as at 31 May 2009 we have seen a 10 per cent increase in the number of tax compliant employers, demonstrating that even in the face of the crisis more companies are willing to do business legally. The SARS will intensify its efforts to detect and contest non-compliance. This is in accordance with international best practice - the IRS of the USA has been asked to hire 10 000 more auditors to raise more taxes and combat off-shore tax schemes!
It is imperative that we deal with all forms of leakage from the state, especially at a time when every cent needs to be properly used for its intended purpose. Accordingly, the National Treasury will establish a unit to monitor and investigate corruption in public procurement processes. It will focus on both government employees and private sector involvement in these crimes.
Let me turn briefly to some of the areas of public expenditure and service delivery that will enjoy priority in the period ahead.
One of the strengths of our current fiscal structure is the social assistance system that brings relief to households that would otherwise be without income support. Considerable work has been done by an interdepartmental task team on options for improving both savings and contributory social security in partnership with the financial services sector. I look forward to working with my Cabinet colleagues and this House on a more integrated social security system that encourages savings and broadens the coverage of risk benefits.
Of particular importance is the approach we take to financing health services. We face immense challenges in this area, not just because of the burden of diseases associated with HIV and tuberculosis, but also because modern comprehensive health services are expensive and highly complex. We have to find cost-effective solutions to the challenge of providing and managing health services, and we have to find better ways of working together with the private sector in building the infrastructure required, managing services and training professional staff. Following the State of the Nation Address on Wednesday, I have set up a task team at the National Treasury to work with health officials to explore models for broadening public-private partnerships in the health sector.
We are fortunate, Honourable Speaker that our fiscal position is strong, public debt is moderate and the foreign reserve position of the South African Reserve Bank is in good health. These are considerable blessings, due in large measure to the foresight and wisdom of my predecessor. These strengths mean that we are able to continue with the expanding infrastructure investment programme announced in recent budgets and overseen by the boards of Eskom, Transnet, the National Roads Agency and other public entities. And we are able to continue with the broad-based social assistance programmes that are provided for in the national budget.
These are fiscal strengths, to which we should add the technological and financial capability of the South African business sector, and the collective vision and mobilising power of organised labour and civil society. To these formidable strengths, Speaker, we can surely add the great disciplines of modernising societies - hard work, a culture of savings, respect for social institutions and shared family values, nurture of the land and the natural environment - and payment of taxes when they are due.
Our development path is about building state capacity, and about strategic alliances with partners - with business, labour, civil society; strategic partnerships that may be local, regional or global in their reach. Our development path is about restoring economic growth, decent jobs and livelihoods, and about a clear understanding of the respective roles of government and the private sector that support the dynamic of an enterprise-based economy while continuing to invest in the institutions and enabling arrangements of a just and inclusive society.
So, Honourable Speaker we reaffirm our commitment to finding lasting solutions, wiping away the hunger and fear on children's faces and eliminating the hopelessness and despair of being jobless. That, Honourable Speaker, is our commitment to the people of South Africa.
<fn>GOV-ZA.20090612noticereoingofstamthathaofficeEn.2012-02-10.en.txt</fn>
The office will operate with effect from 15 June 2009. All new matters falling within the area of jurisdiction of the Mthatha High Court involving state departments will be handled by the said office. Please note that the office is authorised to only accept service on behalf of a Minister or Member of the Executive council of a province.
The old matters handled by Correspondents on behalf of the State Attorney will remain with the said correspondents until further notice.
<fn>GOV-ZA.2009061701En.2012-02-10.en.txt</fn>
Standard & Poor's (S&P), a leading rating agency, today announced that it affirmed South Africa's long term rating at BBB+ and foreign currency issuer rating of A+ with a negative outlook.
S&P last upgraded South Africa in August 2005 and changed the outlook on South Africa's credit to negative in November 2008 as a result of the global financial crisis. S&P indicated that the affirmation reflects the country's sovereign prudent macroeconomic policies, moderate debt burden and stable political institutions.
This follows last week's affirmation by Japan-based rating agency Ratings and Investment Information, Inc (R&I), of the country's foreign currency issuer rating of A-, negative outlook and South Africa's domestic currency issuer rating at A, negative outlook.
The National Treasury welcomes the rating, particularly in the current economic climate where global ratings are dominated by rating downgrades.
The affirmation of South Africa's rating reflects confidence in our credit position and future policy direction, thanks in large part to a record of prudent execution of macroeconomic policies. The convergence of monetary and fiscal policy, as reflected in the recent interest rate cuts and fiscal expansion, are expected to soften the impact of the global economic crisis, while the massive infrastructure investment programme will ensure that South Africa's economy grows even faster when the global economic cycle turns.
For media enquires please contact Thoraya Pandy on 012 315 5944 or 082 416 8416.
<fn>GOV-ZA.2009062301En.2012-02-10.en.txt</fn>
Chapter 13 of the Constitution.
Programmes of the Development Finance Institutions (DFIs).
The Minister of Finance is responsible for a range of state entities, through the Finance Family, that aim to advance economic growth and development, and strengthen South AfricaAfrica 's democracy These include s democracy.
Use of PPPs to enhance infrastructure and capacity government finances.
A guarantee to the amount of R3.
<fn>GOV-ZA.2009062302En.2012-02-10.en.txt</fn>
Maintain a sound fiscal stance to support growth and development in the context of the economic crisis.
Budget co ordination and process improvements focussed on aligning budgets with priorities, improving service delivery and ensuring better value for money.
Improve the quality and quantity of measurable objectives and indicators.
Advance work currently in progress on social security and retirement reform.
Advise the Minister on the financial implications of sectoral policies and work with departments, sectors, provinces to ensure alignment of policies, dl resources and plans.
Publish the Provincial Government Budget and Expenditure Review.
The Asset Managgement sub-programme has been divided into two sub pg programmes namely Governance and Financial Analysis, and Sectoral oversight following internal restructuring.
Proposals on how government will support DFIs and establishment of a DFI council.
Work to reduce debt service costs to 2.2% of GDP.
Conduct semi-annual sovereign credit rating reviews.
supply-chain management.
Establish Supply Chain Management Compliance Monitoring Unit, to monitor and combat procurement-related corruption.
Align preferential procurement framework with the BBBEE Act.
Facilitate and manage transversal term contracts.
Rollout HR Module.
Continue to roll-out of strategic sourcing principles.
Continue supporting all spheres of government and public entities on compliance with applicable SCM standards and prescripts.
Financial Accounting and Reporting promotes accountability to the general public by promoting transparency and effectiveness in the delivery of services.
Improve audit outcomes of institutions in all spheres of governmentImprove audit outcomes of institutions in all spheres of government.
Introduce monthly management accounts in departments.
Improve the skills of finance practitioners in all spheres of governmentImprove the skills of finance practitioners in all spheres of government and address organisational constraints.
Support pprovinces by wayy of frameworks and co-ordinate annual pp y consolidated financial statements.
Coordinate Local Government Support with Co-operative Governance and Traditional Affairs and Traditional Affairs.
Set up the Public Sector Audit Committee Forum in conjunction with SAICA and IOD.
This programme now has three divisions namely; the Economic Policy division, Tax and Financial Sector Policy division and International and Regional Economic Policy division.
Review the architecture and effectiveness of the financial reggulatoryy syystem.
Improve access to financial services.
Reform the system of retirement funding.
Complete conversion of the STC regime, review taxation of financial instruments and develop tax incentives to support industrial policy.
Develop, implement and maintain an integrated, progressive and innovative HR Strategy.
Develop integrated business solutions to improve knowledge management.
Develop, implement and maintain financial management and governance according to bestpractice.
Develop and maintain a sound procurement management strategy.
Ensure the physical security of employees and assets.
Under this programme we also have IT, LegalService, Legislation, Communication andParliamentary Service.
Administration* 204 963 203 663 188 769 2.
Administration as % of total 18.85% 18.92% 14.
Due to R30 billion transfer to Eskom.
New functional structure was approved to manage funded posts.
Human Resources Business Partner model introduced.
Talent Management Framework developed to facilitate attraction and retention programmes.
Talent Management Framework.
New recruitment operating model will be in place to improve turnaround times vacancy rate and quality of hire turnaround times, vacancy rate and quality of hire.
Integrated learning and development framework to focus on the four critical areas of training technical, behavioral, leadership and ffounddationall skills.
Coordinating budget reforms.
Enhanced appraisal capacity for capital projectsEnhanced appraisal capacity for capital projects.
Improved financial management co-ordination.
Strengthening support to local governmentStrengthening support to local government.
Mobilising private sector finance and Development Finance Institutions in keyy investment pproggrammes.
Enhanced public sector reforms, personnel policy and analysis of remuneration trends.
Comprehensive analysis of trends in budget expenditure.
Growth and job creation.
State owned enterprises.
Regional economic integration.
Global finance and economics.
Development of learning framework.
Establishment of Compliance Unit for SCM.
Allocation of FM conditional grant to secure sound and sustainable fiscal and financial management in municipalities.
Adapt FM Capability Maturity Model for all three spheres of government.
<fn>GOV-ZA.20090630QnrFmaCustodyEn.2012-02-10.en.txt</fn>
E-mail: AnaLouw@justice.gov.za, Tel: +27 12 392 9566/40, Fax: +27 12 320 0936 1. How would you describe the job satisfaction you receive from working at the family advocate's office?
Generally, how many minutes/hours is a session where issues of custody and/or access are assessed?
How many sessions are held on average to determine custody and/or access in each case?
Is the time and number of sessions held adequate for the Family Advocate's Office to make an informed decision?
In your experience, what percentage of divorces becomes opposed due to disagreements on access and/or custody of minor children?
In your experience, are matters of custody and access decided according to particular benchmarks and principles, e.g. the tender-years principle, instead of being decided on the merits and circumstances of each case?
Do you refer to reports by independent psychologists when making your assessment of custody and access of minor children?
Do family counsellors/social workers play a vital role in helping you assess access and custody issues?
Do you go to the homes of the parties to assess the living situation of the children?
Does the Family Advocate's Office have the capacity and time to mediate in al proceedings involving questions of access and custody?
What do you think about using mediation as a tool to determine proceedings where access and custody of minor children is an issue?
Bad idea and will not work in practice.
Attendance of mediation should be determined by a court.
In light of South Africa being a multi-cultural society, do you think specially trained mediators are needed to mediate in matters of custody and access?
Who should be allowed to mediate in custody and access matters?
Do you think attorneys and advocates influence their clients to fight for custody and access so they can draw out court proceedings and increase their remuneration?
How often do you have matters being referred to the Family Advocates Office after recommendations made by the family advocate proved to be problematic in practise?
What limitation does the Family Advocate's Office have when conduction assessments and proposing recommendations in custody and access matters?
Do you think that the new divorce courts created to deal solely with divorce matters are meeting their prescribed objective?
Should a parent information/education programme be attended by both parents?
Under no circumstances as it will be too difficult to implement.
Should all couples with minor children seeking a divorce attend a compulsory parent education programme and obtain a certificate that they have attempted mediation, prior to their divorces being granted Give reason for you answer?
<fn>GOV-ZA.20090630QnrLegalpracEformEn.2012-02-10.en.txt</fn>
E-mail: AnaLouw@justice.gov.za, Tel: +27 12 392 9566/40, Fax: +27 12 320 0936 1. What percentage of your clients signs a settlement agreement because they are actually satisfied with its contents?
In your experience, does the partner in a lower financial position settle sooner than the partner who is economically sound?
Do you think that the new divorce courts created to deal solely with divorce matters are meeting their prescribed objectives?
How long does the Family Advocate's Office take on average to advice on opposed matters?
Have you ever had to postpone court dates due to delays caused by the Family Advocate's Office?
What do you think of the quality of service offered by the Family Advocate's Office?
Do you think the method used by the Family Advocate's Office to advice on custody and access matters is effective Give reasons for your answer?
Do you think mediation would be a worthwhile tool to help settle all matters of access and custody of minor children Give reasons for your answe?
Do you think the employees of the Family Advocate's Office are competent to engage in effective mediation?
None of the employees are competent.
Do you think South Africa needs trained mediators to mediate in custody and access matters in our multi-cultural society?
Should all couples with minor children seeking a divorce attend a compulsory parent education programme, and obtain a certificate that they have attempted mediation, prior to their divorce being granted Give reasons for your answer?
<fn>GOV-ZA.20090630QnrPsyEformEn.2012-02-10.en.txt</fn>
E-mail: AnaLouw@justice.gov.za, Tel: +27 12 392 9566/40, Fax: +27 12 320 0936 1. Indicate the percentage as to which class your clients belong: sub-economic/ working/ middle/ upper class?
Approximately how many consultations do you have with children prior to finalising a report on suitable custody and access arrangements?
Do you act as a mediator in assisting parties to reach a settlement agreement on arrangements related to the custody of and access to minor children?
If yes, what positive/negative implications arise from mediation in these sorts of matters?
What is your opinion on co-parenting?
Do you think attorneys and advocates influence their clients to fight for custody and access without taking the interests of the children into account?
If mediation does become compulsory, who would be suitable persons to act as mediators to assist the parties to reach an appropriate settlement agreement (e.g. psychologists, advocates, social workers.?
How long should training be and how should its content be constituted for family mediators to become effective mediators?
Should there be any pre-requisite criteria that persons must meet in order for them to train as mediators?
If yes, what are they?
Do you think the methods used by the family advocate to advice on custody and access matters are effective?
What limitations does the Family Advocate's Office have in carrying out its assessments and proposing recommendations in custody and access matters?
Do you find that the parent who approaches you for a psychological report on the best interests of the child as regard access and custody has an expectation that you will write the report in their favour?
Should all couples with minor children seeking a divorce attend a compulsory parent education programme, and obtain a certificate that they have attempted mediation, prior to their divorce being granted?
Give reasons for your answer.
<fn>GOV-ZA.20090630QnrScwCustodyEn.2012-02-10.en.txt</fn>
E-mail: AnaLouw@justice.gov.za, Tel: +27 12 392 9566/40, Fax: +27 12 320 0936 1.
How often do you and the Family Advocate's Office disagree with each other on the terms of custody and/or access recommendations?
Does the Family Advocate's Office take your suggestions and recommendations into consideration when drafting their report?
Do you think the methods used by the Family Advocate to advice on custody and access matters are effective?
What limitations does the Family Advocate's Office have in carrying out their assessments and proposing recommendations in custody and access matters?
In your experience, are matters of custody and access decided according to particular benchmarks and principles, e.g. the tender - years principle, instead of being decided on the merits and circumstances of each case?
If mediation does become compulsory, who would be suitable persons to act as mediators to assist the parties to reach an appropriate settlement agreement?
Do you act as mediator in assisting parties to reach a settlement agreement on arrangements related to the custody of and access to minor children?
If yes, what positive/negative implications arise from these sorts of matters?
In light of South Africa being a multi-cultural society, do you think that we need specially trained mediators to mediate in matters of custody and access?
How long should training be and how should its content be constituted for family mediators?
Do you think children should also be involved in the mediation process Elaborate?
<fn>GOV-ZA.20090630qnrpatscustodyeformEn.2012-02-10.en.txt</fn>
Upon the child being adopted or placed in foster care?
During this process, were you aware of what the following concepts meant?
On a voluntary basis by either or both parents.
In your opinion, what do you think will be the advantages and disadvantages of making the attendance of mediation compulsory in matters where custody of, and access to minor children is in dispute?
Do you think that all parents should be given the opportunity to receive the assistance of a mediator to mediate in all areas where there is a dispute within the relationship for example, maintenance instead of merely focusing on custody and access?
No, certain issues just cannot be mediated and requires the assistance of a Court from the outset.
Can you explain briefly if you experienced any problems with the current legal procedures involved in securing custody and access arrangements for your minor children?
What type of persons do you think will be able to be effective mediators in custody and access matters?
How should mediation be funded?
Mediation should be funded solely by the State.
Do you think that if you had attended mediation, you would have been able to mediate a different parenting plan which would be in the best interests of your child but it would have been obtained more amicably rather than through a conflictual Court battle?
<fn>GOV-ZA.2009070101En.2012-02-10.en.txt</fn>
This is either a very difficult moment to become a finance minister or a very opportune one, depending on one's perspective. It is a testing time because the world is facing its deepest economic crisis in decades. South Africa is in its first recession in 17 years. Our revenue collection has weakened significantly and spending pressures are mounting.
On the other hand, a new administration has just taken office, full of enthusiasm and the will to do more and better. New structures and ministries in government have been set up to enhance the performance of government. It is also important to point out the strengths that I have been fortunate enough to inherit. With a low debt to GDP ratio, the fiscal position is in a much better shape than at any point in our history. My predecessor has built a solid foundation for the public finances and the institutions that report to the Ministry of Finance enjoy respect amongst their peers throughout the world.
And so Honourable Chairperson, even though we find ourselves in very trying circumstances, we can take comfort in both our track record in fiscal and economic management, and the strong institutional base with which we have to find solutions to our critical challenges. Our task today is to outline the economic context in which we find ourselves and to set out the role that will be played by each of the key institutions that report to the Ministry over the course of this fiscal year. These include the National Treasury, the South African Revenue Service, the Financial Intelligence Centre, the Public Investment Corporation, the Financial Services Board, the Development Bank of Southern Africa and the Land Bank. During this interim period, Statistics South Africa also falls under the ambit of the Ministry of Finance and so I will also deal with their key strategic challenges here.
Honourable members, the global economy has deteriorated at a much faster pace than anyone had anticipated. In the six month period from October last year, industrial production declined by almost a quarter. Falling industrial production globally sent commodity prices plummeting and as a result, our mining production is down sharply on a year ago. Driven by lower mining and industrial production, South Africa's economy contracted in the last quarter of 2008, and in the first quarter of 2009 experienced an annualised 6.4 per cent contraction, the worst quarterly performance since the early 1980s. Last week, Statistics South African announced that 179 000 South Africans in the formal sector lost their jobs in the first quarter of 2009, again the worst quarterly performance in the labour market for over a decade. GDP growth forecasts by the World Bank, OECD and IMF for South Africa for this year range from -1.5 per cent to 2 per cent, far off the 1.2 per cent growth we projected at the time of the budget.
The consensus amongst governments at the G20 meeting in Switzerland last week is that the global economy will begin a slow recovery towards the end of the year; slow because governments will have to take steps to reduce their deficits and because households and corporates are still repairing their balance sheets.
5 per cent in the next few years. Given the close relationship between our own growth and global growth, this outlook is worrying for our own growth prospects.
Our economic response in the form of fiscal expansion, monetary easing, infrastructure expansion and public employment programmes is making a positive contribution to our economic performance, but cannot offset the loss of demand from the global economy and hence cannot prevent some jobs from being lost.
After holding up reasonably well in the last year, our revenue collection has deteriorated in the first three months of this fiscal year. At the moment, we are about R19 billion below our benchmark target for revenue. If the present trend continues, we could be as much as R50 to R60 billion below our target by the end of the year. Assuming that spending stays as budgeted, our deficit will be higher than we estimated in February. Honourable Chairperson, it is too early in the fiscal year to make a reliable prediction of the fiscal outcome but it is already clear that spending will substantially exceed our revenue this year. We should remind ourselves that our fiscal position would have been far worse had we not had a surplus in 2007/08.
Honourable members, when a country faces a reduction in its revenue, it has limited options. It can either reduce public spending, or it can borrow more to maintain its spending growth. In many countries, even countries such as the US and the UK with budget deficits over 10 per cent of GDP, deep cuts in spending have had to be effected.
Because of our low debt to GDP ratio and our strong fiscal position, we can afford to maintain our present spending level and increase our borrowings to offset the revenue loss. We can maintain our spending level but we have to spend differently. We choose to do this because reducing our spending level now will add to the weakness in the economy and will impact to a greater degree on the poor and vulnerable. We have the fiscal space to maintain our spending by borrowing more today, but this space is not limitless and it has implications for how much room we have in the future.
There are several areas where government would like to maintain strong growth in spending. The key budget priorities outlined by the President in the medium term strategic framework include the creation of jobs, fighting crime, improving the quality of education and health and investing in rural development. We have also committed ourselves to finding more money for the occupation-specific dispensation for doctors. We are committed to increasing spending on public employment programmes to ensure that resources are not a constraint to reaching our targets for public works programmes. We will continue to provide adequate resources for our anti-retroviral programmes and to improve the capacity of our health system.
Honourable members, because we choose to protect spending on these key priority areas, it implies that we will have to find savings in other parts of the budget. Following a briefing to Cabinet this morning on the fiscal outlook, my Cabinet colleagues are determined to work collectively to review spending plans, to reprioritise the budget, to reduce wastage and inefficiency and to get greater value for each rand spent. Deputy Minister Nhlanhla Nene will deal in greater detail with our value for money agenda when he speaks later this afternoon.
Finding savings is not only about reducing budgets, it is also about combating corruption, wastage and leakage in government. In particular, corruption in our procurement system is of grave concern to us. Work is currently underway to establish a Supply Chain Management Compliance Monitoring Unit in the National Treasury. We call on all honest public servants and the South African public to join us in identifying and rooting out corruption.
Public sector employment is rising at a healthy pace with over 45 000 additional people employed in the past two years, mainly in health and police. Designing and implementing occupation specific salary dispensations for specific categories of public servants has been a challenge and has cost us more than originally budgeted. Government, led by my colleague Minister Richard Baloyi, will endeavour to find the right balance between creating new jobs in the public service, appropriately remunerating skilled professionals, and general salary increases. Honourable members, we cannot borrow money to pay salaries and we cannot raise taxes in the present economic environment.
Increasing our deficit today as a result of falling revenue is a sensible economic strategy to cushion our economy from the effects of the downturn. Increasing spending further when revenue is falling, especially spending that cannot easily be reversed, cannot be justified.
Honourable members, our fiscal response to the crisis constitutes a significant contribution to sustaining growth and investment in the economy. We have also had a significant degree of monetary easing with lower interest rates helping households to repair their stressed finances. Our infrastructure programme is well under way and we are actively engaged with our state owned enterprises to ensure that they have access to the finances required to carry out their plans. Both the Department of Public Enterprises and the Department of Trade and Industry are taking steps to ensure that over time, we can increase the local content of the purchases made by our state owned enterprises. The second phase of the expanded public works programme is being implemented and in the case of the community works programme, some plans are being brought forward from next year so that we can absorb more people into public employment programmes.
Honourable chairperson today is the start of the 2009 Tax Season for individual taxpayers and trusts. The deadline for the submission of manual tax returns is 18 September 2009 and for electronic submission, 20 November 2009.
SARS has a highly capable team of professionals who will increase its focus on tax compliance by intensifying risk management and increasing its audit capacity.
Already last week, SARS issued over 7 000 letters of penalties to businesses who failed to comply with the PAYE filing requirements. This includes those companies who filed late. At the same time a further 4 000 cases where employers have failed to submit the tax have been referred for criminal investigation and prosecution.
This year, SARS will introduce a range of enhancements to the filing process to improve its service to taxpayers.
Honourable chairperson, I trust that members of this House will lead from the front by filing their returns correctly and on time.
Our development finance institutions in general are playing an enhanced role during the present economic crisis through financing public investments and drawing private finance into public investment programmes. Most of our DFIs are in a sound financial position, and are well-placed to play a greater role in providing loans or liquidity in support of government's economic objectives.
We also acknowledge that in the context of enhanced mandates, some DFIs might need support. In this regard, we are close to concluding the process of expanding the callable capital of the DBSA from R4.8 billion to R20 billion. This will enable the DBSA to expand its loan book with a further R108 billion over the next five years, focused mainly on poor municipalities that cannot access capital markets. In addition, the DBSA continues to provide technical and managerial support to municipalities through the Siyenza Manje programme.
The Land Bank is in a better position now than the state in which we found it over a year ago, and has provided me with a comprehensive turnaround strategy and corporate plan. Various steps have been taken to improve governance and internal administrative and financial processes. Evidence of success is the fact that a total of R560 million in previously non-performing loans have been recovered. In addition, the turnaround strategy allows the Land Bank to focus on lending to the developmental segment of the agricultural sector. We are in the final stages of concluding a support package for the Land Bank that will go a long way in enhancing the financial sustainability of the Bank, and will give greater effect to the rural development agenda of our government.
The Government Employees Pension Fund is the custodian of the savings of public servants. In addition to providing fiduciary oversight over the savings of public servants, the GEPF administration will focus its efforts on improving its service towards its members and pensioners.
Honourable members, since the establishment of the Public Investment Corporation as a registered financial services provider, the PIC has substantially improved its operations, has deployed world-class asset management IT infrastructure, and has been on a drive to recruit the best people from the financial sector. We are happy to report that over the last three years the PIC has outperformed the benchmarks set for it by its clients.
The corporation also spearheaded the establishment of Pan African Infrastructure Development Fund, through which the trustees of the GEPF have agreed to support infrastructure development on the African continent. We are pleased to report that the fund has $625 million under management. Going forward, the PIC will continue to contribute to the development of financial markets on the African continent.
Our financial institutions have not had to endure the same kind of corrective process that banks in the other countries have had to undertake. The combination of prudential regulations, banking regulations and the introduction of the National Credit Act served to moderate the desire to indulge in risky business practices. Our key regulators, the Registrar of Banks, the Financial Services Board, the National Credit Regulator and the Bank Supervision Department in the South African Reserve Bank, have served us well. We will continue to ensure that they work together more closely through a Financial Regulators Forum. We are watching closely what is happening in the rest of the world so that we can continue to refine our regulatory regime, ensuring it remains at the cutting edge. We will also review the current regulatory architecture to ensure that it remains robust and responsive.
That we have not had major difficulties in the financial sector is not cause for complacency, however. News of the latest Ponzi scheme to defraud our citizens is a reminder that there remain risks in the financial sector. I have called regulators into a task team together with the law enforcement authorities to make sense of the media stories and to separate fact from fiction related to this matter. While the losses have been severe, various media estimations of the extent of the scheme have alleged amounts of between R5 and R18 billion. Current indications are that the scheme amounts to approximately R2 billion.
The Financial Intelligence Centre has coordinated the overall functioning of a legal and administrative framework for anti-money laundering and terror financing in South Africa. This system was subject to a rigorous audit last year by the Financial Action Task Force, the international standards-setting body, with a very positive result. The report reinforces the integrity of our financial system and it will have a positive impact on the credit ratings for our financial sector institutions.
Honourable members, allow me to turn to the post-recession environment. Just as responding to the crisis is important, it is equally important to start planning for the postcrisis period. Our view is that the economic recovery will start later this year, but it will be a slow, gradual recovery with employment growth lagging the economic recovery. Global growth of about 2 to 3 per cent a year is projected for two to three years following the recession. Given our close correlation with global growth, this probably implies that we are likely to grow by about 2.5 to 3.5 per cent a year for several years following the recession. Growth is likely to come from a recovery in global industrial production and higher demand for commodities as fixed investment rises in China and India. Households are likely to gradually increase spending again next year, but consumption growth is likely to lag GDP growth for a period as household savings rise.
The past year has shown us that capitalism is prone to periods of excess and exuberance. Going forward, one of the roles of public policy is that we have to protect the poor and vulnerable from the effect of these boom-bust cycles, and economists are increasingly of the view that public policy has a greater role to play in the regulation of markets to prevent such excesses and exuberance.
Reducing unemployment and poverty is likely to be much harder in the period ahead. The pro-poor nature of the budget will have to be enhanced further to ensure that we continue to expand the social wage that goes to poor households. We will have to continue to act to reduce inflation as this undermines our competitiveness, making it harder to grow employment. We will also have to take further steps to improve our competitiveness through reducing the burden on small business, enhancing competition in our economy and improving the performance of the public sector. The Treasury will work closely with other economic departments and the Presidency to deliver on these key objectives.
As the economy recovers, revenues are likely to rise, providing the space to reduce our deficit. However, because of our higher borrowings now, our interest costs will be much higher and so the post-recession period will have to be characterised by a period of fiscal consolidation. This does not mean that budgets will have to be cut. It does mean that spending growth will be more moderate than during the previous seven years. This is the price we will have to pay so that we can maintain our spending levels now during the crisis.
Honourable Chairperson, the President has announced significant changes to the structure of government. The intention is for government to operate differently, and to re-orientate government towards delivering better services in a more integrated way. This is to be driven by a planning process that is more coherent and a centre of government more adept at intervening to resolve delivery pitfalls. In addition, Parliament has passed legislation that has implications for the budget process. We look forward to interacting with both the Presidency and Parliament to explore what needs to change in the budget process and how the Treasury can support better oversight and governance.
One of the changes made to the workings of government is that Statistics South Africa will shift from the Finance Ministry to report to Parliament through the new Minister in the Presidency responsible for planning. Because these changes are still underway, it remains my task to introduce the budget vote for Vote 11: Statistics South Africa.
Honourable members, in the year ahead Stats SA will report on economic growth as is usual. Additionally, the Gross Domestic Product will be benchmarked and rebased to a reference year of 2005, drawing on the results of the 2005 Income and Expenditure Survey.
To contribute to a greater understanding of poverty, Stats SA will conclude the Living Conditions Survey by October this year and release the results by April next year. The next five yearly Survey of Income and Expenditure is due in 2010 and a pilot will be conducted in this fiscal year. After a number of false starts on the Producer Price Index, the organisation has decided to give as much attention to the PPI as it did the CPI. Starting in this year, Stats SA will initiate a fully fledged revamp of the PPI.
In October 2010, Stats SA will pilot Census 2011, surveying a sample of 480 enumeration areas covering approximately 60 000 households.
Honourable members, the departments and agencies that report to the Ministry of Finance are geared up to contribute towards government's objectives and in particular to respond appropriately to the present global economic crisis. In spite of a worrying fiscal outlook, our strong public finance track record will enable us to continue to spend on those services that create jobs and impact positively on the poor and the vulnerable. Significant reprioritisation of the budget is required and government collectively will work with Parliament and civil society to ensure that we are spending more on our priorities. We want to encourage greater oversight by Parliament and we are looking forward to robust engagement with the legislature. These are difficult times that will require a unity of purpose in all of government to meet our objectives. We are prepared for this challenge.
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What we faced yesterday is different from what confronts us today. In the context of the economic storm that has struck the global community over the past year, the public finance management responsibilities of the National Treasury are more challenging than ever before.
Ensuring that government provides and receives value for money will be a greater area of focus in these tough times. A Comprehensive Expenditure Review will be conducted jointly with the Presidency to identify opportunities for future improvements in public spending. Achieving value for money also demands stronger financial management and a focus on implementation of procurement policy and standards.
In short, Honourable Chair, if we are to succeed in pushing back the frontiers of poverty, if we are to continue to broaden participation in our economy, if we are to give practical effect to the development and transformation goals we have set ourselves, we have some hard work to do in strengthening the culture of service delivery and accountability across the whole of government.
Allow me to remind the House once again of the extensive documentation on government programmes, spending allocations, trends in service delivery and plans for the period ahead that are set out in the Estimates of National Expenditure, the Budget Review and corresponding budget documents. We have at our disposal an encyclopaedic database, a comprehensive review, of the activities of government departments and their agencies, and projections of the growing envelope of expenditure that makes these activities possible. But these thousands of pages of budget documentation count for nothing if they are not put to use as instruments of accountability and trusteeship.
Confronted with the economic shock of a collapse in global trade, declines in employment and a sharp reversal in government revenue trends, we need to ask ourselves what "value for money" means in these circumstances. What are the special fiscal challenges of our times?
On the one hand, we know that our spending plans have to compensate, at least in part, for the deterioration in employment and business conditions.
The Department of Labour is already reporting an increase in unemployment claimants. We have announced an acceleration in allocations for the Enhanced Public Works Programme. The budget provides for continuing growth in social assistance grants, which now go to 13 million beneficiaries a month. There are larger numbers of young people seeking further education and training opportunities. The budget provides for strong growth in spending on housing, water services and municipal infrastructure over the period ahead. These are critical investments in public services, and they also contribute to job creation and creating economic opportunities.
So our spending programmes are quite rightly expansionary in these times, and are part of our response to the economic crisis that surrounds us.
It is not just the direct effect of government employment and income transfers that contributes to moderating the impact of the recession - government spending on goods and services, on supplies from the business sector, is also a substantial contribution to the momentum of economic activity. So we need to remind office-bearers and administrators once again that the Public Finance Management Act obliges government to pay its bills on time. This is also important in assisting small businesses in difficult times.
But while our spending programmes will remain expansionary over the period ahead, Honourable Chair, we cannot ignore the reality that our revenue is sharply down, and the sustainability of our public finances sets limits to what we can afford.
This adds a special burden to our duty of financial oversight, a duty that rests on Parliament and our provincial legislatures, a duty that falls also on every municipal council and on the boards and governing bodies of several hundred public entities and over 25 000 public schools.
In brief, it is our duty to ensure that government services are rendered efficiently and effectively.
This means that the funds appropriated by Parliament must be used for the purposes intended. It means that competitive tender procedures must be followed to ensure that value for money is obtained from the supply of goods and services. It means that the abuse of government contracts to reward friends and enrich family members must be exposed as a fraud against taxpayers and citizens, and an offence against the law. It means that extravagant entertainment and excessive foreign travel is illegal. It means that there has to be better control of consultancy contracts, better management of IT and communication services, and curtailment of ineffective or wasteful programmes and projects.
These principles apply to public entities and government departments alike.
Honourable Chair, we also have to recognise that good governance requires that special care and attention has to be devoted to salaries and remuneration - of executive managers, of professional and skilled employees, of interns and recruits, or administrative staff and production workers right across the public service. The general government wage bill was R271 billion in 2008 - over 28 per cent of all salaries and wages paid throughout the economy, and up 17 per cent by comparison with the previous year. If we are to succeed in expanding and improving public services, if we are to fill the vacancies that are widely reported in health departments and our law courts, if we are to fight crime through a stronger police service, if we are to put more money into housing and sanitation and rural development, then we need a responsible and considered approach to managing public service remuneration.
Our approach has to balance the decent wage that we owe to workers whose duties are often arduous though they may be unskilled, alongside the career progression that is appropriate for professional expertise and management competence. We have to reward the diligence of teachers in our classrooms, the attention to detail of our accountants, the technical capabilities of our engineers and technicians. We have to take into account the long hours and exposure to danger of our security personnel. And it should not be forgotten that we offer our public service security of income in retirement, access to health insurance and assistance in meeting housing costs.
President Zuma has rightly challenged us to put job creation at the centre of our economic development strategy, which means we must exercise discipline over higher remuneration settlements. So we have to caution that wildcat strikes and unreasonable pay demands will not take us forward.
Members of the House, we also need to insist that service delivery standards, administrative responsibility and professionalism are non-negotiable. Whether in classrooms, magistrates' courts, hospitals or Home Affairs offices, South Africans are entitled to expect orderliness, courteous service, commitment and competence. There is an important sense, Honourable Chair, in which value for money simply means doing the job properly.
When new programmes are introduced, of course, capacity has to be built to ensure that implementation is done properly. Last year Parliament amended the Special Pensions Act (69 of 1996), effectively extending the pension to people who were 30 but not yet 35 years old on 1 December 1996. In the coming weeks Honourable Chair we will be fully engaged with the public explaining to them how to apply for the pension, who qualifies and where they can get more information. I plead with the people to understand that this is a pension and not a grant, and as government we have other projects that can assist people who may not qualify for the special pension.
Allow me to comment also on the challenge of planning and scheduling major infrastructure projects in the present circumstances.
We can all take pride, Honourable Chair, in the performance of our construction sector in completing several stadium projects in time for the Confederations Cup, and next year we will showcase ten magnificent stadiums on an even larger world stage. An important phase of the Gautrain project will be completed for 2010, and a number of major road network improvements and hotel expansions will also be completed in time for the increased visitor and traffic flow in a year's time.
There will be a brief lull in construction in the middle of next year, in order to minimise disruption during the World Cup, but then we will get back to work again. The next phase of Gautrain and of the Gauteng Freeway Improvement Programme will continue. Major electricity supply construction projects are already scheduled for the next five years and beyond. The rail freight and passenger service rehabilitation programmes have just begun. The momentum of investments in water infrastructure and reticulation needs to gain further impetus. There is still much to be done in improving rural roads and land conservation works.
Under the stress of current economic and financial circumstances some projects may need to be deferred, while others may be brought forward. Demand for electricity over the next two or three years is likely to be somewhat lower than was projected a few years ago; it seems clear, on the other hand, that we need to accelerate investment in housing and rural infrastructure associated with agricultural development opportunities.
Honourable Chair, I know that this House is ready to play a constructive role in ensuring better oversight over our public finances, and I would like to give the assurance that the National Treasury will continue to provide budget information, analysis, financial reports and strategic insight aimed at strengthening accountability and ensuring better value for money in our quest for sustainable growth, poverty reduction and broad-based development.
As long as there are patients sharing beds, as long as there are children who go to bed hungry, as long as there are learners who attend school in overcrowded classrooms and as long as there are small businesses that go under because government has not paid on time, our work and your oversight role must continue. So, Honourable Chair in deriving value for money we need to understand the delicate balancing act required from our side - there are choices and as tough as some may be, we must make them. We will cut down on those items that do not translate to tangible results for the poor because how can we continue to have expensive budget vote dinners when our people crave for a slice of bread, how we can spend billions on marketing and advertising when children sleep in cardboard boxes in the cold and when our hospitals are under resourced?
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National Treasury is aware of recent news reports alleging that government is set to change the classifications of certain companies on the JSE. These reports are incorrect.
National Treasury has over the last year been approached by the JSE and several players in the financial sector to review the listing of some companies currently classified as foreign on the JSE. In response to the requests, and as part of its normal work, National Treasury commissioned its own research, including a research paper by the London School of Economics, and also engaged in discussions with stakeholders. Such research papers will be published at an appropriate time.
National Treasury has not made any decision to reclassify any company on the JSE. Any policy changes, including exchange control announcements, are only made at the time of the Medium Term Budget Policy Statement (MTBPS) or on Budget Day. National Treasury will not deviate from this practice.
The above approach does not prevent the processing of any specific exchange control applications submitted to the South African Reserve Bank. In this respect, National Treasury has not received any exchange control application to reclassify any company from a domestic to a foreign listing.
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Thank you for this opportunity to address you this morning.
Since the motto for this year's savings month is 'Tighten Your Savings Belt', I thought it appropriate to share a joke with you. 'What did the zero say to the eight Your belt's a little tight, isn't it?
The present downturn has meant considerable belt tightening. There are clear signs that economic realities have prompted businesses and households to address their balance sheets, by reducing consumption and increasing their saving. South Africa's gross saving1 rate as a proportion of GDP rose to 17.1 per cent in the first quarter of this year, up from an average of 15.4 per cent in 2008.
But even with the recent rise in South Africa's saving rate, our savings performance remains disappointing. Our saving rate is low by international standards and compares especially poorly to those developing countries with high rates of economic growth. In China, for example, the gross saving rate is over 40 per cent.
Recent events remind us to expect reversals of fortune. The crisis has highlighted the danger of being overly dependent on others and the importance of making responsible decisions for the future, as individuals, representatives of firms and as an economy.
1 Gross national saving is net national saving plus provision for the consumption of fixed capital.
This morning I will examine recent trends in South African saving and discuss the importance of raising our national saving rate. I will argue our future prosperity is dependent on our willingness to re-discover the virtue of thrift. I will then outline some of the things that Government is doing to inculcate a savings culture.
South Africa's aggregate saving has been on a declining trend because of the decline in corporate and household savings. Saving by the corporate sector represents the bulk of total saving, but the corporate savings ratio has fallen in net terms from 6.6 per cent of GDP in the 1980s, to 5.6 per cent in the 1990s and to only 3 per cent between 2000 and 2008.
Household saving as a percentage of GDP has also declined sharply over the last 15 years, from 3.2 per cent during the 1980s to 0.2 per cent between 2000 and 2008. As a percentage of disposable income, household saving has fallen from around 5.4 per cent in the 1980s to 0.28 per cent between 2000 and 2008. As a consequence, household debt has risen steadily in recent years, and currently stands at 76.7 per cent of disposable income.
So why has the household saving rate declined A number of factors could account for the decline?
o Growth of the black middle class possibly also reduced the average saving rate, given this group's high propensity for debt-funded consumption of durable goods to eliminate their 'asset deficit'.
South Africa is not alone in having experienced a declining household saving rate. Household saving rates have steadily declined in a number of OECD countries where government benefits are high, the volatility of inflation and interest rates has declined, and financial innovation has increased access to credit. Household saving rates tend to be higher in developing countries such as China because of limited social security nets and limited access to retail credit.
Fiscal prudence and strong growth in tax collections post-1994 contributed to a marked improvement in the government's saving performance. After dissaving on a net basis for 23 years, gross government saving as a percentage of GDP turned positive in 2001. However, the global financial crisis and subsequent slowdown in domestic economic growth has seen government saving decline as revenue fell below budget estimates.
South Africa's low rate of saving is worrying for several reasons. Inadequate savings leave households vulnerable to shocks to income and prices. They also constrain individuals' ability to put down the deposits for large assets such as a house, affecting wealth accumulation. Likewise, low levels of individual saving add to the burden on government to provide retirement assistance, increasing the need to raise taxes for this purpose.
Saving supports capital accumulation and economic growth, as investment tends to raise productivity and thus global competitiveness. A higher saving rate can also help smooth the business cycle because firms and individuals have a buffer during difficult times.
The more a country saves, the more investment can be funded from internal sources without requiring foreign capital inflows. Shortfalls between domestic savings and investment lead to current account deficits and the need for foreign capital inflows to finance the gap. Persistently high current account deficits can lead to macroeconomic instability if foreign liabilities rise too much and foreign capital inflows dry up. By reducing a country's dependence foreign capital inflows, higher domestic saving therefore makes an economy less vulnerable to sudden reversals in capital flows.
On the other hand, a higher saving rate and reduced spending is presently putting a brake on already sluggish aggregate demand. Fortunately, fiscal policy has, over the last number of years, created space for increased spending by saving the windfall gains from above-potential growth. In the coming years, countercyclical fiscal policy will compensate for lower demand and provide assistance to those who have become unemployed as a result of the downturn. Likewise, the effects of monetary policy easing will begin to feed-through to demand in the coming quarters. Continued de-leveraging will also improve the ability of firms and individuals to save once the economy begins to recover.
The severity of present circumstance has compelled thriftier behaviour. But a more permanent shift requires policies that foster a savings culture. Government is contributing to this culture shift in several important ways.
Firstly, prudent macroeconomic policy creates an environment conducive to saving. Inflation targeting, for example, protects the purchasing power of savers and implies that savings are able to attract competitive real rates of interest. It must be noted, however, that low inflation itself may be a disincentive to save since households may be less inclined to hedge against future inflation by saving more. Policy must therefore create conditions conducive to higher investment, economic growth and job creation because it is ultimately these factors that enhance the ability of both corporates and individuals to save.
Government is committed to supporting economic growth and job creation in several ways, notably through its infrastructure development programme, labour-intensive employment programmes and through education and skills development. Income tax reform that has also provided relief for saving through higher limits for interest earned on savings. An interdepartmental task team is evaluating policy options for raising savings and contributory social security in partnership with the financial services sector.
Creating an enabling environment also requires addressing barriers to saving, particularly those that are binding for poorer individuals. The first of these barriers is affordable access to savings and transaction services.
The 'Mzansi' bank account, which was launched collaboratively by the four largest commercial banks together with the state-owned Postbank. By reducing access barriers, Mzansi has drawn in many first time users of financial services. Uptake now exceeds 6 million. The success of Mzansi demonstrates that even low income individuals exhibit a willingness to save.
The Retail Savings Bond initiative has attracted almost 33 000 investments, representing a total investment amount of over R4.2 billion.
The National Credit Act has played an important role in reducing consumptiondriven debt and ensures that the credit market is accessible, efficient and nondiscriminatory.
A second important barrier to saving is a lack of financial literacy. The Finscope (2008) survey revealed the extent of misunderstanding of financial terms and the lack of financial knowledge among South Africans. The need for financial education and education more generally, is clear. Without adequate knowledge of the available financial instruments, appreciation of the risks involved with different types of investments, and recognition of the benefits of long-term saving, behaviour in South Africa will remain sub-optimal.
Fostering a savings culture also requires making saving a 'cool' and intelligent choice. The South African Savings Institute makes an important contribution in this regard, by promoting a culture and an awareness of the importance of saving.
To conclude, South Africa's low savings rate puts the economy's ability to grow in a sustainable manner at risk. It is crucial to raise the level of our national saving in support of both short-term economic stability and long-term productivity growth and prosperity.
Building a culture of savings in South Africa is vital in ensuring that higher economic growth is sustainable and all of us in this room have a role to play in ensuring that.
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I am here to present the Appropriation Bill which most of you are familiar with. On February 11 this year the original Bill was tabled with the budget in the National Assembly. Following the general elections in April, it was revived, debated and approved by the National Assembly over the past month. Several technical changes have been made to better align the Bill with the new Cabinet structure announced by President Zuma in May this year. An extensive process has been put in place by the DPSA to give administrative effect to new cabinet portfolios and departmental structures that support ministers responsible for such portfolios. This process is not yet complete.
So I present to you the Appropriation Bill as amended by the National Assembly.
Honourable members, you have over the past weeks had the task of engaging in policy debates on the budget votes of all the departments. That is not an easy task; it demands careful consideration. Once you pass the budget, the public relies on their public representatives to ensure that the lives of our people are improved upon and that wastage is eliminated and corruption dealt with effectively. They expect parliament to hold the Executive accountable.
This Appropriation Bill is passed in an uncertain and generally gloomy global context. Recent sentiments are that the green shoots in the global economy are being covered by brown shoots, as indications show that the much anticipated global recovery is as yet some way off. It is now inevitable that 2009 will see a contraction in global economic growth, with signs that the recession will bottom out at the end of the year. Domestically, GDP growth forecasts by the World Bank, OECD and IMF for South Africa for this year range from -1.5 per cent to -2 per cent.
The global economic slowdown has pushed our own economy into recession - our first in 17 years. We have had to relook at our fiscal trajectory, with the impact of the slowdown on our revenue collection for this year being undeniably significant. We recently announced that our revenue collection could be as much as R60 billion below target, if present trends continue. Our spending will therefore exceed revenue this year. However, our prudent fiscal stance in past years have given us the space to increase borrowing to address this shortfall, and ensure that spending plans to sustain economic activity can continue.
What this means is that we have to borrow more to make up the shortfall in revenue.
We have to prune unnecessary spending and reprioritise our plans going forward. We must be uncompromising about our approach in attacking wastage and corruption. The space created by the fiscal position we took also taught us that it is vital to ensure that any borrowing is done in a sustainable manner. Borrowing now means paying back later, with interest, and so borrowing more now effectively means that there will be less available to spend in future. Our borrowing requirements must therefore be met in a manner that will not hinder our future growth plans.
Our approach to addressing our borrowing requirements should be ensuring that as much of our borrowing requirements can be met domestically as possible, instead of relying on foreign inflows. This means increasing domestic savings and investment levels. July is known as Savings Month in South Africa, and is aimed at promoting a savings culture in the country.
17.1 per cent in the first quarter of this year, up from an average of 15.4 per cent in 2008. However, our saving rate remains low by international standards. There is more that can be done to improve this, even in tough economic times. The crisis has highlighted the importance of making responsible decisions for the future.
The slowdown is putting additional pressure on ensuring that value-for-money remains tantamount for all spending decisions. Spending pressures are being felt at all levels of government. Provinces and local municipalities are grappling with lower revenue streams, and the implications this has for spending on priority areas like health, education and so on. Where necessary, spending must be reprioritised so we can spend more on providing services required by our people and less on programmes that can be delayed. Times have changed and our way of doing things must change too.
Let me from the onset clarify that there is no additional funding that the new departments will receive in this main budget. Funds will be transferred from one vote to another in line with the transfer of functions, and where necessary additional resources will be provided to cater for new ministries and for new functions. These transfers and changes will be reflected in October when we table the Adjustments Appropriation Bill. To ensure continuity, departments that were in existence before 10 May 2009 will continue to exist until the re-organisation becomes effective. Yesterday, we tabled an explanatory memorandum which is available for all to read, to assist you to better understand how these changes and the processes will work. This is important so that service delivery continues.
Honourable members, our intergovernmental fiscal system has matured. We have relatively stable budgets and our financial reforms have deepened. Over the past ten years the budgets of provincial and local governments have grown in real terms and in some instances have more then doubled in size.
Great progress has been made on the delivery side. We have improved access to basic services like water, sanitation, refuge and electricity. All service delivery indicators point in the right direction, but what can we say about the quality of these services?
Education outcomes are not what they should be given the level of investment being made in the system. A great chunk of our school infrastructure does not create a conducive learning environment. The health system, particularly the hospitals, is under severe pressure due to management failures. The poor remain marginalised and are located in the periphery of our cities far from economic opportunity. What are the chances of these communities escaping the cycle of poverty?
Honourable members I am sure these things are not new to you. These examples show that government is simply not getting value for money given the enormous investment being made in these different functions.
National Treasury has in the past, and I will ensure that this tradition continues, provided this house with all the information it needs to discharge its responsibility. I now challenge this house to use this information to help us face the service delivery problems head on without any favour or prejudice.
Chairperson, when we tabled the budget we said that we will protect the poor, build capacity for long term growth, sustain employment growth, maintain a stable debt level and address sectoral barriers to growth and investment. The economic outlook has changed since then, but we remain committed to those objectives.
I want to take this opportunity to thank members of the NCOP for their commitment and dedication, and patience for persevering through the long process of considering the Bill. I also want to remind members that there will be many more long hours that lie ahead. In particular, I want to thank the Select Committee on Finance and Appropriation, ably chaired by Mr Charles de Beer for their thorough engagement on the amended Bill.
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National Treasury has gazetted regulations governing co-operative banks in South Africa. These regulations have been promulgated in terms of the Co-operative Banks Act.
The Co-operative Banks Act hopes to promote access to financial services, especially by previously excluded South Africans, by establishing a regulatory framework and development institution for co-operative banks. It also requires existing financial co-operatives meeting a set criteria (i.e. it is a secondary deposit taking financial co-operative or a primary co-operative which has 200 or more members and holds deposits of members to the value of at least R1 million, and is currently exempt from the provisions of the Banks Act), to apply for registration as a co-operative bank by 31 July 2009.
The regulations gazetted provide the framework for co-operative banks and prescribe the types of investments which these banks are allowed to invest in on behalf of their members.
Draft Combined Rules have also been published for public comment. These rules describe the forms needed to register, and the manner and period in which these forms should be submitted. The public is requested to provide comments by 31 July 2009.
A co-operative bank is a group of people voluntarily united to meet their common banking needs through a jointly and democratically owned and controlled financial institution. This institution offers its members a comprehensive range of financial products and services such as savings, loans and transmission facilities, while upholding collective entrepreneurship and contributing to the development of communities.
The draft rules for public comment are available on the National Treasury website, www.treasury.gov.za under 'Documents: Public comments'. The regulations are also available on the website.
For media queries please contact Lindani Mbunyuza on 012 315 5645 or 083 327 9987.
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No: R.
I, Jeffrey Thamsanqa Radebe, Minister for Justice and Constitutional Development, hereby publish under section 15(2) of the Promotion of Access to Information Act, 2000 (Act No.
DESCRIPTION OF CATEGORY OF RECORDS MANNER OF ACCESS TO RECORDS AUTOMATICALLY AVAILABLE IN TERMS OF (e.g.
Eskom Holdings Limited Annual Reports Promotion of Access to Information Act Section 32 Annual Reports Environmental Reports Facts & Figures Technical Audit Reports (M&V) Case Studies Tariffs Customer Services Advice Energy Advice Brochures Vacancies Tenders Load shedding schedule Hard Copies available on request www.eskom.co.
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Abuja, Nigeria, 14 July 2009 1.
At the invitation of the Nigerian Federal Minister of Finance, Dr. Mansur Muhtar, we the Committee of Ten met for our third session in Abuja on 14 July, under the auspices of the African Development Bank, the Economic Commission for Africa and the African Union Commission. This is our third meeting after Cape Town in January, and Dar-es-Salaam in March. Our Committee was established to monitor the impact of the financial crisis on African economies and related developments. We are in particular requested to provide reports and proposals on how best to contribute to the international deliberations in the context of the G20 and related matters.
Present at this meeting were the following countries and institutions: Nigeria, South Africa, Botswana, Tanzania, Kenya, Algeria, Cameroon, and Central Bank of West African States (BCEAO). The meeting was opened by His Excellency, the Vice President of the Federal Republic of Nigeria, Dr. Goodluck Jonathan GCON. The Committee welcomed also the participation as an observer, of the United States as the host of the next G20 Leaders meeting.
Our objective at this meeting was to review the latest information pertaining to the impact of the crisis on Africa, to take stock of recent internal and international developments, and to agree on African perspectives to be fed into the global discussions, in particular those leading up to the next G20 Leaders Summit in Pittsburgh on 26 September.
We noted that whilst the full effects of the global slowdown remained uncertain and would vary from country to country, it was clear that the impact on African countries, although initially limited had become, in some cases severe, for example countries dependent on mineral products such as diamond and copper. Growth is still contracting in all regions. We note that even if global recovery begins to set in 2010, at the earliest, the recovery of our economies may take longer. The crisis therefore presents a major challenge as to how to implement short term responses to the crisis while staying focused on long term sustainability. We urge that existing commitments be implemented expeditiously, but additional action is necessary.
Those African countries with capacity for countercyclical response have taken action, within their means. In addition, they continue to implement programs of economic reform and to mobilize domestic resources. However the majority lack resources for such a substantial fiscal response.
We commend the resolution of the London G20 in addressing the key issues of restoring growth, financial stability and the needs of emerging countries; some progress has been made in implementing the commitments, including through additional resources to the IMF. That is essential for a resumption of global trade and growth. However, attention must turn to urgent implementation of all the commitments in meeting the needs of low income countries, and of Africa.
We considered Africa's resource requirements, both long term and short term, set against the background of declining revenues, much lower investment flows, reduced access to capital markets and to trade finance. We welcome the G8 call for an assessment in 2010 of what is needed to attain the MDGs. While the pre crisis needs in Africa are clear and well documented, the crisis induced needs require assessment continuously. It is evident, for example, that the demand for trade finance is strong and growing. We welcome the G8's renewed commitment to agriculture and food security; the Comprehensive African Agriculture Development Programme (CAADP) provides a solid framework for support and the African Development Bank has been an effective vehicle over the years; increasingly, through support to water and infrastructure.
We have been particularly concerned at the impact of the crisis on hitherto well performing countries that had been able overtime to reduce aid dependence. We commend the African Development Bank for a swift and appropriate response in providing budget support to them. As we did in Cape Town and Dar es Salaam, we strongly call for a general capital increase for the AfDB. We understand demands for resources from all international financial institutions will be increased at this time but we also believe requisite weight should be given to building African institutions.
The crisis reinforces the need for African countries to undertake the fundamental structural reforms that are needed; we will continue to do so. We committed to efforts to improve efficiency in expenditure management and to increase domestic resource mobilization, notably through effective tax revenue mobilization and administration. In this regard, we acknowledged the formation of the African Tax Administration Forum and view this initiative as an important step in support of these efforts. We underlined also the need for us to push forward with measures to accelerate regional integration and for appropriate support from development partners for the regional integration agenda.
We noted that in response to the crisis, the African Development Bank and the World Bank have taken exceptional measures to increase their grant lending by introducing new instruments, fast tracking implementation, and front loading commitments. We strongly call for the early conclusion and replenishment of their concessional windows to ensure there is available resources for the years after. We recognized the AfDB's comparative advantage as a channel for investment in all areas of infrastructure and economic integration, and in convening coordinated action within Africa. We encouraged the African Union Commission and African Heads of States to write to donor capitals urging the support for a general capital increase (GCI) and for a substantial increase in ADF XII for the African Development Bank.
We believe that if that is done, we can mitigate some of the adverse effects on concessional window dependent countries for whom we believe a special action is needed to enable them to maintain priority programs of investment, and to provide social safety nets for the most vulnerable. Without such investment, this group of countries will not be able to participate fully in the recovery when it comes and the costs of sliding back could be high.
We noted the review being conducted by the Chair of the London Summit of the role and objectives of the IFIs in responding to the crisis and the needs of low income countries. We will ensure that African perspectives are conveyed to the Chair for the purpose of the Pittsburgh meeting.
We remain concerned that short term responses must be combined with longer term systemic reforms to avoid recurrent crises. These reforms should look at changes to crisis-prone economic models to bring about structural changes in financial regulation and supervision, global governance and the voice and representation of developing countries, and increased access to financing for poor countries.
We emphasized that as stressed before the London Summit, it is critical to quickly complete the review of the Debt Sustainability Framework in order to support the needs of LICs for additional finance without triggering recurrent debt crises. We must avoid repeating the mistakes of the past.
An effective global response leading to long term economic sustainability and growth requires strong and committed leadership; we look forward to positive results and agreements on concrete actions from the forthcoming G20 meeting in Pittsburg. We reaffirm our view that a global response and long term economic sustainability must take full account of the interests and views of all, entrenched in the new principles being discussed within the G20. We therefore remain concerned that Africa is not adequately represented in the G20 and other international discussions, and call for a strong African participation at and in the process leading to Pittsburgh G20.
As a Committee, we will remain seized of the matter, continue to monitor developments and provide regular reports on behalf of African Finance Ministers and Governors. We again tasked the African Development Bank, the ECA and AU Commission, to continue to provide the necessary economic information and analysis for our work and other support we need for our work.
We express our deep appreciation to the Government and People of the Federal Republic of Nigeria for their hospitality.
<fn>GOV-ZA.20090724gg32433notice776newdetachedcourtsEn.2012-02-10.en.txt</fn>
Any criminal or civil proceedings other than those described in the preceding paragraph which have been referred to or filed with the main court or the detached court as the case may be, and which court would not have jurisdiction as a result of this Notice, shall be referred to the court having jurisdiction by the prosecutor or clerk of court of such main court or detached court as the case may be.
Swartkops, Amsterdam hoek, Markman Industrial, Wells Estate, Motherwell, 1,2,3,4,5,6,7,8,9,10,11,12 Tjoksville, Ramaphosa, Ikamvelihle, Farm 434, Farm 569, Salt Pan 318, Fish Water Flats 33 and Farm 566. Allendale, Geluksdal, Harveton, Olifants Kop, Steins Valley, Lot DEB Oliphants Kop NR 194, Coegas River Mouth, Hougham Park, Melville, Escom, Neptune, Welbedachtsfontein, Bont Rug, Swarte Koppen, Farm 627, Rail Land, Brak River sw, Farm 434, Farm 569, Annex Tankatara, The Aloes, Limehurst, Armsterdam Hoek, Grassridge, Schelm Hoek, Coega, Coegas kop, Salt Pan, Fish Water Flats, Steins Valley, Logan Braes, Ebb and Vloed, Farm 566. As shown in the map marked Motherwell.
Benoni A portion consisting of the following areas: Daveyton, Vergenoeg, Sgodi Phola, Daveyton Ext 3, Chri Hani, Basotho Section, Pedi Section, Forest View, Xhosa Section, Boya's View, Tsonga Section, Xtombiza, Garden Village, Etwatwa, Emaphopheni, Etwatwa West, Putfontein, Bester, and Thulani Section. As shown in the map marked Daveyton.
EASTERN CAPE PROVINCE Point-to-point description of portions detached from the district to form an area of jurisdiction of the sub-district.
Beginning at the north-western beacon of Farm 703, Administrative District of Uitenhage, thence eastwards along this said boundary to a point as shown on Farm 703 (SG diagram no.
Motherwell include them; thence in a general northerly direction so as to include the following properties: Erven 594, 164, 518 and 168; thence in a north-westerly direction as to include the following properties: Farm 33 Administrative District of Port Elizabeth, Erf 171 Swartskop, Erven 172, 174, 606, 175, 334; thence proceeding generally in a north-westerly direction along the southern boundary of Farm 33 Fish Water Rats up to the western most beacon; thence in a north-easterly direction along the western boundary of the said farm; thence in a northerly direction along the boundaries of the following farms so as to include them in this area: Farm 569, Farm 566, Farm 434, Farm Coega's Kop 316, farm Welbedacht Fontein no. 300, farm Grassridge no. 228, farm Grassridge no. 227 to the point of beginning of the said Farm 703.
Randburg Starting from the intersection of N3 AND THE ml. Proceed West along Ml until Alexandra the intersection with the Eastern boundary of Kelvin farm. Proceed along East boundary of Kelvin farm to the South West corner beacon. Proceed South to the South Eastern corner beacon of Zandfontein farm until the intersection with Pretoria main road. Proceed South along Pretoria main road until the intersection with Arckwright road. Proceed East along Arkwright road until the intercection with N3 and proceed North along N3 and close on the intersection with Ml.
Seat of the court magisterial jurisdiction of the sub-district.
Hlanganani Beginning at the North Eastern beacon of Piesangfontein. Proceed along the Eastern boundary to intersect the river, proceed along the river to the Eastern beacon of the farm Hopeful. Proceed along Northern and Eastern boundary of farm Morgenzon and along the Eastern boundaries of farms, Hartebeestfontein, Schaaplaagte, Hartebeestfontein, Middelwater, then along Southern boundaries of Middelwater and Zeekoefontein. Proceed along the Western and Southern boundaries of Zeekoewater then along the Eastern boundary of Jacob, then proceed generally in the Easterly direction, passing North Western boundary of Bellevue until the Northern beacon of Bellevue. Proceed along Ndengeza road (gravel) until intersection with the R578. Proceed North West along R578 to intersect Southern boundary of Sterkrivier. Proceed in the Northerly direction along the Eastern boundaries of Sterkrivier and Caledon then proceed along the Southern and Eastern Boundaries of Nieuwvlakte. Proceed along Northern boundary of Middelplaats to intersect with the river. Proceed along the river to the South Eastern beacon of De Hoop. Proceed along Southern boundary of De Hoop, then along Eastern boundary of Piesanfontein and close on the intersection with the river.
Mkobola Beginning at the north-western beacon of the farm Leeuwfontein No. 466-JR; then eastwards along the boundary of Portion 19 of the farm Leeuwfontein No. 466-JR and the northern boundary of the farm Ekangala No 610-JR up to the Provincial boundary between the Provinces of Gauteng and Mpumalanga where it cuts across the said farm; then southwards along the provincial boundary up to where it intersects with the southern boundary of the farm Ekangala No. 610-JR; then generally westwards along the southern boundary of the farm Ekangala 610-JR up to the northernmost beacon of Portion 12 of the farm Rietfontein No. 616-JR; then westwards along the northern boundaries of Portion 12 of the farm Rietfontein No. 616-JR, and Portions 8 and 7 of the farm Jobarna No. 489-JR up to the north-westernmost beacon of said Portion 7; then from the last mentioned beacon to beacon L on the general plan of the township Ekandustria vide General Plan S.G. No. A7242/1994; then along the southern boundary of Erf 728 up to beacon P on the mentioned General Plan; then from Beacon P along the boundary of the Proclaimed Road (R568); then continue along westwards beacon along the Proclaimed Road (R513) of the farm Leeuwfontein No. 487; then northwards, northeast wards of the farm Witblits No. 613-JR and the farm Jorbarne No. 489-JR; then westwards, northwards and eastwards along the boundaries of Portions 5 and 1 of the farm Jobarne No. 489-JR, Portions 2 and 1 of the farm Lunsriem No. 612-JR and Portion 4 of the farm Jobarne No. 489-JR so as to include said portions in the area; then continuing in an eastern direction along the southern boundary of the farm Barnetein No. 619-JR up to the south-easternmost beacon of said farm; then generally north along the western boundaries of the farms Ekangala No. 610-JR and Leeuwfontein No. 466-JR up to the north-western beacon of the farm Leeuwfontein No. 466-JR, the point of beginning.
NORTHERN CAPE PROVINCE Point-to-point descriptions of portions detached from the district to form an area of jurisdiction of the sub-district.
Kenhardt, afstof 421 in the Administrative District Kenhardt, Vrugbaar 422 in the Administrative District Kenhardt, Noriseep East 84 in the Administrative District Kenhardt, Uitdraai 82 in the Administrative District Kenhardt, Styr-Kraal And Fleis Pad 81 in the Administrative District Kenhardt, Warmbad Noord 1 in the Administrative District Kenhardt.
<fn>GOV-ZA.2009081401En.2012-02-10.en.txt</fn>
The first quarter provincial budget statement of receipts and payments, published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 30 July 2009, covers spending for the first three months of the 2009/10 financial year, which ended 30 June 2009. It is available on the treasury website at www.treasury.gov.za.
The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury by 22 July 2009. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
In aggregate, provinces have spent 24.9 per cent or R72.4 billion of their budgets of R290.6 billion for the first quarter ended 30 June 2009. This represents a spending increase year-on-year of 21.1 per cent or R12.6 billion higher than for the same period last year when provinces had spent R59.7 billion.
Education expenditure totalled R30.2 billion or 25.5 per cent of the R118.
(40.8 per cent). The spending pattern reflects a 22.1 per cent or R5.5 billion increase over the same period last year.
Health expenditure totalled R20.9 billion or 25.4 per cent of the R82.
(28.3 per cent). The spending pattern reflects a 22.2 per cent or R3.8 billion increase compared with the same period in 2008/09.
Social development spending for the first quarter of the 2009/10 financial year is recorded at 21.2 per cent or R2 billion of the R9.3 billion social development budgets.
Personnel expenditure, in aggregate, is at 24.1 per cent or R38.2 billion of the R158.6 billion personnel budget.
In aggregate, provinces spent 23.5 per cent or R5.4 billion of their R23.2 billion combined capital budgets. This is a significant improvement of 32.5 per cent over the previous financial year, exceeding the R4.1 billion spent over the same period in 2008/09 by R1.3 billion.
Provincial education departments spent 29.1 per cent or R1.6 billion of their R5.5 billion education capital budgets. This is significantly higher by 109.7 per cent or R834.3 million more than spending over the same period of the previous financial year.
21.2 per cent or R1.6 billion against their R7.
39.5 per cent or R466.2 million more than the same period for 2008/09.
The greatest share of provincial capital is on the budgets of public works, roads and transport departments at 33.2 per cent. The sector spent 23.8 per cent or R1.8 billion against its combined capital budgets of R7.7 billion.
Provincial own revenue collected thus far is at 22.1 per cent or R2.1 billion of the total own revenue budget of R9.6 billion. National government has transferred R58.5 billion of the equitable share and R14 billion in conditional grants to provinces, during the first quarter of the 2009/10 financial year.
A more detail analysis of the expenditure outcome as at 30 June 2009 is set out in Annexure A, which also includes a comparative spending analysis for the same period over the 2008/09 financial year.
The budgeted figures for provinces are based on the 2009/10 provincial budget statements (main budgets) tabled in the various provincial legislatures during February 2009.
Table 1 indicates that provinces have spent 24.9 per cent or R72.4 billion of budgeted expenditure of R290.6 billion for the first quarter into the current financial year. Spending to date is at a higher level in percentage terms compared to spending against budgets over the same period in the 2008/09 financial year (24 per cent).
However, in nominal terms, spending is 21.1 per cent or R12.6 billion more than for the same period last year when provinces had spent R59.7 billion. Between provinces, spending ranges from the lowest share of 22.9 per cent in Free State and 23.3 per cent in Northern Cape, to the highest at 27.2 per cent in Gauteng and 26.4 per cent in Eastern Cape.
Eastern Cape 33 498 218 5 697 299 3 439 217 42 634 734 8 706 641 1 711 974 855 556 11 274 171 26.4% 9 575 128 17.
Free State 13 892 678 2 419 999 2 061 305 18 373 982 3 129 958 740 510 329 223 4 199 691 22.9% 4 005 719 4.
Gauteng 39 133 818 13 591 987 2 533 316 55 259 121 9 959 235 4 523 228 528 512 15 010 975 27.2% 11 791 431 27.
KwaZulu-Natal 46 331 155 8 516 659 5 615 139 60 462 953 11 219 640 1 962 359 1 424 980 14 606 979 24.2% 12 737 486 14.
Limpopo 27 239 085 4 798 280 2 438 385 34 475 750 6 284 455 1 265 718 501 534 8 051 707 23.4% 6 403 098 25.
Mpumalanga 18 212 593 2 187 428 2 145 433 22 545 454 4 544 043 711 615 465 455 5 721 113 25.4% 4 470 882 28.
Northern Cape 6 024 382 980 329 936 047 7 940 758 1 466 271 218 212 163 618 1 848 101 23.3% 1 666 079 10.
North West 15 147 071 3 096 741 1 622 398 19 866 210 3 406 557 841 898 599 338 4 847 793 24.4% 3 811 192 27.
Western Cape 21 243 848 5 397 981 2 392 513 29 034 342 4 946 533 1 270 639 576 944 6 794 116 23.4% 5 287 567 28.
Total 220 722 848 46 686 703 23 183 753 290 593 304 53 663 333 13 246 153 5 445 160 72 354 646 24.9% 59 748 582 21.
Provinces have budgeted R210.2 billion for social services, which includes spending on education, health and social development. Spending on social services is recorded at R53.1 billion or 25.3 per cent of the total provincial social services budgets for the first quarter of 2009/10.
Education 118 533 748 30 180 129 25.5% 41.7% 56.9% 24 716 202 22.
Health 82 359 073 20 928 256 25.4% 28.9% 39.4% 17 125 187 22.
Social Development 9 278 820 1 969 075 21.2% 2.7% 3.7% 1 684 105 16.
Total 210 171 641 53 077 460 25.3% 73.4% 100.0% 43 525 494 21.
Education budgets of R118.5 billion comprise 40.8 per cent of total provincial budgets. Table 3 indicates that education expenditure is at 25.5 per cent or R30.2 billion of the total education budget, an increase of 22.1 per cent or R5.5 billion compared to the R24.7 billion spent over the same period in 2008/09.
24.1 per cent and North West at 24.2 per cent to the highest in Gauteng at 27.6 per cent and both Mpumalanga and Free State at 26.2 per cent.
Eastern Cape 19 447 507 5 052 039 26.0% 44.8% 59.0% 4 144 625 21.
Free State 7 383 261 1 934 035 26.2% 46.1% 60.2% 1 607 073 20.
Gauteng 18 987 053 5 248 438 27.6% 35.0% 52.9% 3 691 388 42.
KwaZulu-Natal 24 810 039 5 987 857 24.1% 41.0% 54.1% 5 335 915 12.
Limpopo 16 362 123 4 050 268 24.8% 50.3% 65.5% 3 169 951 27.
Mpumalanga 10 073 199 2 641 005 26.2% 46.2% 61.5% 2 238 959 18.
Northern Cape 2 979 208 776 770 26.1% 42.0% 56.2% 766 001 1.
North West 8 145 319 1 971 839 24.2% 40.7% 59.3% 1 636 688 20.
Western Cape 10 346 039 2 517 878 24.3% 37.1% 49.2% 2 125 602 18.
Total 118 533 748 30 180 129 25.5% 41.7% 56.9% 24 716 202 22.
Spending on goods and services (which includes learner and teacher support material) in education is recorded at 21.2 per cent or R2.9 billion of its R13.7 billion budget. It comprises approximately 11.6 per cent of total provincial education budgets, which is exactly the same percentage share compared to the 2008/09 financial year.
The bulk of education expenditure is on personnel (71.9 per cent). Current spending on education personnel amounts to 24 per cent or R21.7 billion of the education personnel budgets of R90.5 billion.
Eastern Cape 15 180 910 3 701 287 24.4% 56.8% 73.3% 3 120 680 18.
Free State 5 821 306 1 368 536 23.5% 55.8% 70.8% 1 273 892 7.
Gauteng 13 859 183 3 338 286 24.1% 54.5% 63.6% 2 998 883 11.
KwaZulu-Natal 19 161 085 4 556 907 23.8% 57.5% 76.1% 4 091 482 11.
Limpopo 12 152 411 3 097 787 25.5% 59.7% 76.5% 2 788 824 11.
Mpumalanga 7 948 599 1 862 182 23.4% 61.3% 70.5% 1 736 409 7.
Northern Cape 2 295 175 558 767 24.3% 56.0% 71.9% 515 803 8.
North West 6 384 905 1 423 215 22.3% 56.6% 72.2% 1 342 417 6.
Western Cape 7 719 367 1 805 147 23.4% 52.0% 71.7% 1 675 707 7.
Total 90 522 941 21 712 114 24.0% 56.8% 71.9% 19 544 097 11.
Spending by provinces ranges from the lowest in North West at 22.3 per cent and both Western Cape and Mpumalanga at 23.4 per cent, to the highest in Limpopo and Eastern Cape at 25.5 per cent and 24.4 per cent respectively.
Education capital expenditure is at 29.1 per cent or R1.6 billion of the R5.5 billion budget. This is a significant increase of 109.7 per cent or R834.3 million more than the R760.5 million spent on capital over the same period last year.
Spending by provinces ranges from the lowest in Mpumalanga at only 17.5 per cent and Gauteng at 18.9 per cent to the highest in Free State at 57.4 per cent and Northern Cape at 41.9 per cent.
Eastern Cape 933 279 280 637 30.1% 32.8% 5.6% 150 753 86.
Free State 337 137 193 560 57.4% 58.8% 10.0% 64 536 199.
Gauteng 742 851 140 323 18.9% 26.6% 2.7% 91 062 54.
KwaZulu-Natal 1 551 282 432 882 27.9% 30.4% 7.2% 124 631 247.
Limpopo 908 999 288 488 31.7% 57.5% 7.1% 163 655 76.
Mpumalanga 415 060 72 488 17.5% 15.6% 2.7% 102 219 -29.
Northern Cape 57 553 24 098 41.9% 14.7% 3.1% 20 608 16.
North West 286 347 84 832 29.6% 14.2% 4.3% 25 063 238.
Western Cape 250 899 77 498 30.9% 13.4% 3.1% 17 984 330.
Total 5 483 407 1 594 806 29.1% 29.3% 5.3% 760 511 109.
Health budgets totalling R82.4 billion comprise 28.3 per cent of total provincial budgets. Table 6 indicates that health expenditure is at 25.4 per cent or R20.9 billion of the total health budget, representing an increase of 22.2 per cent or R3.8 billion compared to spending over the same period in 2008/09.
Eastern Cape 11 328 346 3 206 610 28.3% 28.4% 37.4% 2 809 381 14.
Free State 5 197 838 1 150 880 22.1% 27.4% 35.8% 1 200 596 -4.
Gauteng 16 589 941 4 290 190 25.9% 28.6% 43.2% 3 033 066 41.
KwaZulu-Natal 17 769 956 4 679 772 26.3% 32.0% 42.3% 3 924 731 19.
Limpopo 9 017 772 2 000 617 22.2% 24.8% 32.4% 1 884 781 6.
Mpumalanga 5 429 452 1 514 616 27.9% 26.5% 35.2% 971 914 55.
Northern Cape 2 213 662 528 823 23.9% 28.6% 38.3% 426 412 24.
North West 4 919 308 1 207 064 24.5% 24.9% 36.3% 964 409 25.
Western Cape 9 892 798 2 349 684 23.8% 34.6% 45.9% 1 909 897 23.
Total 82 359 073 20 928 256 25.4% 28.9% 39.4% 17 125 187 22.
22.1 per cent and 22.2 per cent respectively. The highest shares are recorded in Eastern Cape at 28.3 per cent and Mpumalanga at 27.9 per cent.
Table 7 indicates that health personnel expenditure is R11.4 billion or 24.7 per cent of the health personnel budget, an increase of R1.2 billion or 11.4 per cent compared to the R10.2 billion spent over the same period in 2008/09.
Eastern Cape 6 066 040 1 835 547 30.3% 28.2% 57.2% 1 534 432 19.
Free State 3 048 360 706 938 23.2% 28.8% 61.4% 691 333 2.
Gauteng 9 037 304 2 139 136 23.7% 34.9% 49.9% 1 888 992 13.
KwaZulu-Natal 10 362 138 2 565 332 24.8% 32.4% 54.8% 2 435 258 5.
Limpopo 5 380 928 1 307 345 24.3% 25.2% 65.3% 1 096 605 19.
Mpumalanga 2 926 127 687 584 23.5% 22.6% 45.4% 602 936 14.
Northern Cape 1 050 683 231 187 22.0% 23.2% 43.7% 214 481 7.
North West 2 767 277 646 377 23.4% 25.7% 53.5% 597 741 8.
Western Cape 5 364 971 1 258 611 23.5% 36.2% 53.6% 1 154 337 9.
Total 46 003 828 11 378 057 24.7% 29.8% 54.4% 10 216 115 11.
Spending on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure, is recorded at 27.7 per cent or R7.9 billion of the R28.6 billion budget. This is a significant increase of 38 per cent or R2.2 billion compared to the R5.7 billion spent over the same period in 2008/09.
Capital expenditure in the health sector is at 21.2 per cent or R1.6 billion. This represents a significant increase of 39.5 per cent or R466.2 million more than the R1.2 billion spent over the same period last year.
Eastern Cape 1 265 480 202 897 16.0% 23.7% 6.3% 232 716 -12.
Free State 439 982 69 398 15.8% 21.1% 6.0% 107 945 -35.
Gauteng 1 460 021 302 211 20.7% 57.2% 7.0% 247 731 22.
KwaZulu-Natal 1 366 178 418 179 30.6% 29.3% 8.9% 185 224 125.
Limpopo 905 879 137 882 15.2% 27.5% 6.9% 124 537 10.
Mpumalanga 643 530 170 701 26.5% 36.7% 11.3% 63 947 166.
Northern Cape 423 869 60 110 14.2% 36.7% 11.4% 34 282 75.
North West 519 067 158 979 30.6% 26.5% 13.2% 99 011 60.
Western Cape 749 206 125 063 16.7% 21.7% 5.3% 83 846 49.
Total 7 773 212 1 645 420 21.2% 30.2% 7.9% 1 179 239 39.
Between provinces, with a varying degree of spending, the lowest rate of health capital spending is in Northern Cape at 14.2 per cent and Limpopo at 15.2 per cent with both North West and KwaZulu-Natal recording the highest rate of spending at 30.6 per cent and Mpumalanga at 26.5 per cent.
Social development budgets, at R9.3 billion, comprise 3.2 per cent of total provincial budgets.
Provinces registered spending of 21.2 per cent or R2 billion of their R9.3 billion budget. This represents an increase of 16.9 per cent or R285 million above the R1.7 billion spent over the same period last year.
Between provinces, there are varying degrees of spending, with the lowest being in Limpopo at only 17.2 per cent and Mpumalanga at 17.9 per cent while the highest are KwaZulu-Natal at 29 per cent and Eastern Cape at 21.7 per cent.
Eastern Cape 1 434 015 310 822 21.7% 2.8% 3.6% 286 347 8.
Free State 683 462 129 533 19.0% 3.1% 4.0% 108 455 19.
Gauteng 1 935 797 389 341 20.1% 2.6% 3.9% 369 333 5.
KwaZulu-Natal 1 376 681 399 383 29.0% 2.7% 3.6% 263 672 51.
Limpopo 761 600 130 638 17.2% 1.6% 2.1% 103 243 26.
Mpumalanga 792 343 141 895 17.9% 2.5% 3.3% 150 771 -5.
Northern Cape 407 893 75 921 18.6% 4.1% 5.5% 70 931 7.
North West 724 527 145 048 20.0% 3.0% 4.4% 102 744 41.
Western Cape 1 162 502 246 494 21.2% 3.6% 4.8% 228 609 7.
Total 9 278 820 1 969 075 21.2% 2.7% 3.7% 1 684 105 16.
Housing and local government budgets at R17.6 billion comprise 6.1 per cent of total provincial budgets.
Housing and local government spending at the end of the first quarter is at 25.8 per cent or R4.5 billion of the R17.6 billion budget (table 10). This represents a significant increase of 71.7 per cent or R1.9 billion more than the R2.6 billion spent over the same period last year.
Spending varies between provinces with the lowest being in North West at 16.9 per cent and KwaZulu-Natal at 20.5 per cent while the highest are Gauteng at 34.9 per cent and Limpopo at 32.9 per cent.
Eastern Cape 2 133 805 515 863 24.2% 4.6% 57.4% 347 638 48.
Free State 1 248 877 343 303 27.5% 8.2% 83.8% 340 927 0.
Gauteng 3 996 268 1 392 816 34.9% 9.3% 83.0% 610 897 128.
KwaZulu-Natal 3 708 849 760 435 20.5% 5.2% 47.9% 389 302 95.
Limpopo 1 401 234 460 643 32.9% 5.7% 79.1% 212 517 116.
Mpumalanga 1 383 502 312 865 22.6% 5.5% 42.0% 257 149 21.
Northern Cape 520 895 113 950 21.9% 6.2% 55.0% 59 781 90.
North West 1 349 867 228 379 16.9% 4.7% 82.6% 210 111 8.
Western Cape 1 891 089 414 027 21.9% 6.1% 83.3% 217 131 90.
Total 17 634 386 4 542 281 25.8% 6.3% 70.4% 2 645 453 71.
Most of the housing and local government expenditure is on the Integrated Housing and Human Settlement Development conditional grant. Table 11 indicates that provinces spent 25.7 per cent or R3.2 billion of their R12.4 billion housing conditional grant. These spending figures are higher by 77.3 per cent or R1.4 billion over the same period last year.
Eastern Cape 1 313 378 295 926 22.5% 2.6% 9.3% 192 070 54.
Free State 962 759 287 761 29.9% 6.9% 9.0% 283 110 1.
Gauteng 3 187 086 1 155 773 36.3% 7.7% 36.2% 426 156 171.
KwaZulu-Natal 2 180 448 364 577 16.7% 2.5% 11.4% 221 943 64.
Limpopo 996 667 364 473 36.6% 4.5% 11.4% 141 095 158.
Mpumalanga 795 447 131 260 16.5% 2.3% 4.1% 181 789 -27.
Northern Cape 325 011 62 709 19.3% 3.4% 2.0% 24 775 153.
North West 1 100 055 188 557 17.1% 3.9% 5.9% 173 383 8.
Western Cape 1 581 425 344 956 21.8% 5.1% 10.8% 158 189 118.
Total 12 442 276 3 195 992 25.7% 4.4% 100.0% 1 802 510 77.
Personnel expenditure ("compensation of employees") is at 24.1 per cent or R38.2 billion of the R158.6 billion budget. Spending to date is 12.4 per cent or R4.2 billion higher than the R34 billion spent over the same period last year.
North West and both Mpumalanga and Free State recorded the lowest rate of personnel spending at 22.7 per cent and 23.2 per cent respectively while Eastern Cape and Limpopo recorded the highest rates at 26 per cent and 25.1 per cent respectively.
Eastern Cape 24 998 953 6 511 863 26.0% 57.8% 17.0% 5 365 767 21.
Free State 10 569 688 2 453 023 23.2% 58.4% 6.4% 2 293 086 7.
Gauteng 25 639 247 6 130 232 23.9% 40.8% 16.0% 5 429 216 12.
KwaZulu-Natal 33 284 138 7 919 104 23.8% 54.2% 20.7% 7 231 367 9.
Limpopo 20 705 754 5 189 961 25.1% 64.5% 13.6% 4 567 815 13.
Mpumalanga 13 101 746 3 037 061 23.2% 53.1% 7.9% 2 729 449 11.
Northern Cape 4 301 283 998 532 23.2% 54.0% 2.6% 901 533 10.
North West 11 091 185 2 516 002 22.7% 51.9% 6.6% 2 324 726 8.
Western Cape 14 874 507 3 472 369 23.3% 51.1% 9.1% 3 159 798 9.
Total 158 566 501 38 228 147 24.1% 52.8% 100.0% 34 002 757 12.
By the end of the first quarter, provinces have spent 23.5 per cent or R5.4 billion of their R23.2 billion capital budgets ("payments for capital assets"). This is significantly higher by 32.5 per cent or R1.3 billion more than the R4.1 billion spent over the same period last year.
Table 13 provides capital spending information by province, which indicates low rates of spending in Free State at 16 per cent and Northern Cape at 17.5 per cent and high rates in North West at 36.9 per cent and KwaZulu-Natal at 25.4 per cent. However, in absolute terms, KwaZulu-Natal has spent the most at R1.4 billion followed by Eastern Cape at R855.6 million and North West at R599.3 million.
The biggest capital budgets in provinces are in public works, roads and transport departments at 33.2 per cent of the total provincial capital budget of R23.2 billion. Spending by these departments is at 23.8 per cent or R1.8 billion against its combined capital budgets of R7.7 billion.
Between provinces, with various degrees of spending, the lowest rate is recorded in Free State at only 3 per cent and Limpopo at 10.1 per cent, while North West and Eastern Cape recorded the highest rates of spending at 51.3 per cent and 31.7 per cent respectively.
Eastern Cape 3 439 217 855 556 24.9% 7.6% 15.7% 837 096 2.
Free State 2 061 305 329 223 16.0% 7.8% 6.0% 427 737 -23.
Gauteng 2 533 316 528 512 20.9% 3.5% 9.7% 396 028 33.
KwaZulu-Natal 5 615 139 1 424 980 25.4% 9.8% 26.2% 1 062 560 34.
Limpopo 2 438 385 501 534 20.6% 6.2% 9.2% 335 760 49.
Mpumalanga 2 145 433 465 455 21.7% 8.1% 8.5% 400 811 16.
Northern Cape 936 047 163 618 17.5% 8.9% 3.0% 132 266 23.
North West 1 622 398 599 338 36.9% 12.4% 11.0% 256 222 133.
Western Cape 2 392 513 576 944 24.1% 8.5% 10.6% 261 268 120.
Total 23 183 753 5 445 160 23.5% 7.5% 100.0% 4 109 748 32.
The total conditional grant allocation is R49.3 billion (including Schedule 4 grants) with health making up the bulk at R15.6 billion.
Table 14 (overleaf) reflects spending on conditional grant allocations as at 30 June 2009 for all provinces. It excludes expected conditional grant roll-overs from the 2008/09 financial year and spending on general purpose conditional grants (Schedule 4 grants) like National Tertiary Services, Health Professions Training and Development and the Infrastructure grant to provinces, as reporting against these grants cannot be separated from the provinces' health and capital budgets.
Spending on the Comprehensive Agricultural Support Programme grant (also Schedule 4) is subsumed in a range of programmes and therefore no separate reporting is required in terms of the Division of Revenue Act, 2009. The Public Transport Operations grant provides supplementary funding towards public transport services provided by provincial departments of transport. The Expanded Public Works Programme Incentive grant (Schedule 8) is dealt with in terms of Section 23 of the Division of Revenue Act, 2009.
Against the total allocation of R27.2 billion, this excludes Schedules 4 and 8 grants, the rate of conditional grants spending amounts to 24.8 per cent or R6.8 billion. However, when excluding the Gautrain Rapid Rail Link grant, the conditional grant expenditure amounts to R5.4 billion or 22.1 per cent against a total allocation of R24.4 billion.
Specific grants that show low rates of spending include Overload Control (no spending), Health Disaster Response (Cholera) (2.1 per cent), Sani Pass Roads (3.4 per cent), Community Library Services (7.
(7.8 per cent), Land Care Programme (10.7 per cent), Mass Sport and Recreation Participation Programme (12.
(14.2 per cent).
Total excluding Schedules 4 and 8 grants 27 246 268 8 209 808 6 767 813 24.
Total excluding Schedules 4,8 grants & Gautrain 24 413 577 7 105 084 5 398 102 22.
The Expanded Public Works Programme Incentive Grant (Schedule 8) is dealt with in terms of Section 23 of the Division of Revenue Act, 2009 (Act No. 12 of 2009).
Table 15 indicates selected conditional grant spending rates as at 30 June 2009. It further indicates that five or more provinces have spent less than 15 per cent of their grants budgets after the first quarter for the following grants: Land Care Programme, Community Library Services, HIV and Aids (Life Skills Education), Devolution of Property Rate Funds, Mass Sport and Recreation Participation Programme and Public Transport Operations.
The table also indicates the number of provinces spending at slightly higher levels between 15 and 25 per cent and greater than 25 per cent of their conditional grant budgets.
Percentages represent actual expenditure of main budgets as published in the Division of Revenue Act, 2009 (Act No.12 of 2009).
Provincial revenue includes budgeted equitable share allocations of R231.1 billion, conditional grants of R49.3 billion and own revenue of R9.6 billion. The total provincial revenue received and collected to date is recorded at 25.7 per cent or R74.5 billion of total budgeted revenue of R289.9 billion.
National government transferred 25.3 per cent or R58.
28.4 per cent or R14 billion in conditional grants, to provinces after the first quarter of the current financial year.
After the first quarter, provinces have collected 22.1 per cent or R2.1 billion of the budgeted own revenue of R9.6 billion which is 6.7 per cent or R134.2 million more than what was collected by the end of June for the previous financial year.
The collection rate varies from 16.6 per cent in Gauteng and 20.6 per cent in Free State, to a high of 27.8 per cent in Northern Cape and 27 per cent in Eastern Cape.
Eastern Cape 703 652 189 650 27.0% 1.8% 246 570 -23.
Free State 616 627 126 720 20.6% 2.7% 133 857 -5.
Gauteng 3 035 411 502 971 16.6% 3.4% 516 012 -2.
KwaZulu-Natal 1 645 029 423 266 25.7% 2.8% 323 923 30.
Limpopo 559 661 116 390 20.8% 1.3% 93 656 24.
Mpumalanga 480 216 115 658 24.1% 2.0% 103 768 11.
Northern Cape 141 066 39 284 27.8% 1.9% 34 039 15.
North West 584 407 139 769 23.9% 2.7% 173 616 -19.
Western Cape 1 818 123 469 079 25.8% 6.4% 363 172 29.
Total 9 584 192 2 122 787 22.1% 2.8% 1 988 613 6.
<fn>GOV-ZA.2009081402En.2012-02-10.en.txt</fn>
Annual Budget1.
Receipts Transfers from National Revenue Fund - Equitable share of revenue - Conditional grants Provincial own receipts 41 340 837 35 940 398 5 400 439 703 652 10 350 435 9 092 921 1 257 514 189 650 8 889 710 7 845 828 1 043 882 243 491 16.4% 15.9% 20.5% -22.
Total receipts 42 044 489 10 540 085 9 133 201 15.
Education 17 214 440 1 299 788 933 279 19 447 507 4 257 016 514 386 280 637 5 052 039 3 527 420 466 452 150 752 4 144 624 21.
Health 9 307 184 755 682 1 265 480 11 328 346 2 813 992 189 721 202 897 3 206 610 2 403 301 173 364 232 716 2 809 381 14.
Social Development 903 501 484 594 45 920 1 434 015 181 841 121 375 7 606 310 822 138 198 135 020 13 129 286 347 8.
Office Of The Premier 301 313 83 133 16 484 400 930 72 972 34 552 1 177 108 701 66 004 35 999 73 102 076 6.
Provincial Legislature 207 170 37 381 5 571 250 122 49 092 8 256 900 58 248 37 506 6 819 1 315 45 640 27.
Public Works 813 922 139 361 57 699 1 010 982 200 885 9 279 12 569 222 733 199 529 1 898 3 291 204 718 8.
Local Government And Traditional Affairs 537 414 66 247 55 355 659 016 124 225 32 066 10 495 166 786 99 057 16 395 8 441 123 893 34.
Agriculture 1 325 950 81 816 1 000 1 408 766 394 464 38 631 1 380 434 475 176 414 120 733 1 012 298 159 45.
Economic Development And Environmental Affairs 247 571 864 846 2 608 1 115 025 40 071 264 921 193 305 185 35 957 252 215 1 388 289 560 5.
Roads And Transport 1 743 334 249 148 1 023 946 3 016 428 379 978 56 071 330 394 766 443 315 723 18 835 396 227 730 785 4.
Housing 153 311 1 313 378 8 100 1 474 789 46 644 297 896 4 537 349 077 8 745 192 070 21 557 222 372 57.
Provincial Treasury 255 359 - 4 613 259 972 45 252 228 874 46 354 50 217 552 8 381 59 150 -21.
Sport, Recreation, Arts And Culture 440 393 321 925 18 997 781 315 88 309 144 538 1 799 234 646 112 361 128 379 1 359 242 099 -3.
Safety And Liaison 47 356 - 165 47 521 11 900 54 98 12 052 10 491 - 11 10 502 14.
Total payments 33 498 218 5 697 299 3 439 217 42 634 734 8 706 641 1 711 974 855 556 11 274 171 7 180 923 1 548 731 839 652 9 569 306 17.
Information submitted by: Mr Qonda Kalimashe Acting Head Official: Provincial Treasury Eastern Cape Tel No: (040) 609-5612 1. Budgeted figures are based on the 2009/10 provincial budget statements tabled in the provincial legislature on 27 February 2009.
Revenue Act, No.
Receipts Transfers from National Revenue Fund - Equitable share of revenue - Conditional grants Provincial own receipts 17 788 126 14 236 280 3 551 846 616 627 4 579 386 3 601 779 977 607 126 720 3 805 300 3 103 233 702 067 134 113 20.3% 16.1% 39.2% -5.
Total receipts 18 404 753 4 706 106 3 939 413 19.
Education 6 461 246 584 878 337 137 7 383 261 1 508 759 231 716 193 560 1 934 035 1 387 410 155 132 64 536 1 607 078 20.
Health 4 667 399 90 457 439 982 5 197 838 1 044 492 36 990 69 398 1 150 880 1 071 238 21 413 107 945 1 200 596 -4.
Social Development 373 245 266 765 43 452 683 462 75 080 51 297 3 156 129 533 67 403 40 069 983 108 455 19.
Premier 120 686 12 498 720 133 904 31 918 6 197 32 38 147 24 061 3 987 349 28 397 34.
Free State Legislature 90 062 29 182 2 253 121 497 30 695 4 104 39 34 838 21 732 4 502 734 26 968 29.
Tourism, Environmental And Economic Affairs 210 866 59 787 58 077 328 730 42 556 17 074 20 776 80 406 35 228 24 866 15 033 75 127 7.
Free State Provincial Treasury 151 407 982 - 152 389 24 938 3 039 - 27 977 28 940 869 29 29 838 -6.
Local Government And Housing 260 798 980 088 7 991 1 248 877 50 361 292 197 745 343 303 54 549 285 786 592 340 927 0.
Public Works 548 771 145 174 91 970 785 915 135 769 22 229 11 866 169 864 234 010 673 231 833 466 516 -63.
Community Safety And Transport 478 822 176 926 968 406 1 624 154 73 184 35 670 19 563 128 417 8 540 - 139 8 679 1379.
Agriculture 313 000 24 727 62 788 400 515 56 023 4 785 3 850 64 658 57 385 16 156 2 141 75 682 -14.
Sport, Arts And Culture 216 376 48 535 48 529 313 440 56 183 35 212 6 238 97 633 30 714 6 273 3 173 40 160 143.
Total payments 13 892 678 2 419 999 2 061 305 18 373 982 3 129 958 740 510 329 223 4 199 691 3 021 210 559 726 427 487 4 008 423 4.
Information submitted by: Dr Mohulatsi Mokeyane Head Official: Provincial Treasury Free State Tel No: (051) 403-5939 1.
Budgeted figures are based on the 2009/10 provincial budget statements tabled in the provincial legislature on 27 February 2009.
Abnormal growth experienced in these departments over the 2008/09 1st quarter outcome is the result of the "transport and traffic management" components, which shifted from Vote 09: Public Works, Roads and Transport to Vote 10: Public Safety, Security and Liaison.
Receipts Transfers from National Revenue Fund - Equitable share of revenue - Conditional grants Provincial own receipts 52 247 794 38 896 845 13 350 949 3 035 411 14 308 662 9 840 902 4 467 760 502 971 11 862 123 8 265 958 3 596 165 575 250 20.6% 19.1% 24.2% -12.
Total receipts 55 283 205 14 811 633 12 437 373 19.
Education 16 571 764 1 672 438 742 851 18 987 053 3 909 960 1 198 155 140 323 5 248 438 3 326 784 349 817 14 787 3 691 388 42.
Health 14 141 147 988 773 1 460 021 16 589 941 3 758 219 229 760 302 211 4 290 190 2 690 189 95 143 247 732 3 033 064 41.
Social Development 914 245 883 553 137 999 1 935 797 195 500 174 669 19 172 389 341 160 295 200 839 8 199 369 333 5.
Office Of The Premier 191 098 8 800 8 086 207 984 70 439 2 2 012 72 453 19 263 121 209 19 593 269.
Gauteng Provincial Legislature 177 039 25 000 8 443 210 482 54 147 - 1 427 55 574 34 870 - 1 248 36 118 53.
Economic Development 155 688 755 126 2 901 913 715 37 845 124 159 1 347 163 351 30 459 165 718 270 196 447 -16.
Housing 335 824 3 417 086 4 500 3 757 410 101 369 1 225 438 1 074 1 327 881 79 869 490 301 2 077 572 247 132.
Local Government 211 308 17 000 10 550 238 858 53 385 11 456 94 64 935 36 506 1 452 691 38 649 68.
Public Transport, Roads And Works 4 074 756 5 660 247 106 887 9 841 890 991 559 1 506 594 23 250 2 521 403 462 913 2 486 761 100 225 3 049 899 -17.
Community Safety 343 475 - 2 000 345 475 99 732 37 1 088 100 857 55 589 830 - 56 419 78.
Agriculture, Conservation And Environment 408 015 9 246 19 582 436 843 132 880 28 8 936 141 844 72 957 32 72 73 061 94.
Sport, Arts, Culture And Recreation 283 916 73 101 1 280 358 297 66 825 30 883 1 558 99 266 43 881 4 376 15 869 64 126 54.
Gauteng Shared Service Centre 1 196 477 - 26 003 1 222 480 464 539 8 25 879 490 426 554 482 60 2 601 557 143 -12.
Gauteng Treasury 129 066 81 617 2 213 212 896 22 836 22 039 141 45 016 27 354 6 860 102 34 316 31.
Total payments 39 133 818 13 591 987 2 533 316 55 259 121 9 959 235 4 523 228 528 512 15 010 975 7 595 411 3 802 310 394 082 11 791 803 27.
Information submitted by: Ms Nomfundo Tshabalala Head Official: Provincial Treasury Gauteng Tel No: (011) 355-8708 1. Budgeted figures are based on the 2009/10 provincial budget statements tabled in the provincial legislature on 24 February 2009.
Receipts Transfers from National Revenue Fund - Equitable share of revenue - Conditional grants Provincial own receipts 58 817 924 49 989 762 8 828 162 1 645 029 14 951 045 12 647 410 2 303 635 423 266 12 280 891 10 811 412 1 469 479 320 657 21.7% 17.0% 56.8% 32.
Total receipts 60 462 953 15 374 311 12 601 548 22.
Education 21 835 693 1 423 064 1 551 282 24 810 039 4 990 106 564 869 432 882 5 987 857 4 588 726 704 024 124 631 5 417 381 10.
Health 15 899 764 504 014 1 366 178 17 769 956 4 123 426 138 167 418 179 4 679 772 3 618 671 120 837 185 224 3 924 732 19.
Social Development 721 857 517 089 137 735 1 376 681 264 930 101 435 33 018 399 383 159 332 92 227 12 113 263 672 51.
Office Of The Premier 401 269 65 097 8 152 474 518 119 302 17 440 1 420 138 162 126 346 14 245 2 902 143 493 -3.
Provincial Legislature 214 139 71 001 9 422 294 562 45 442 23 940 3 159 72 541 34 799 12 107 1 018 47 924 51.
Agriculture And Environmental Affairs 1 452 034 417 739 140 186 2 009 959 326 450 95 555 20 680 442 685 318 750 97 308 7 667 423 725 4.
Economic Development 486 873 1 912 885 1 987 2 401 745 57 008 182 203 973 240 184 38 132 515 050 2 891 556 073 -56.
Provincial Treasury 484 126 150 108 8 543 642 777 97 763 151 165 245 249 173 86 722 150 077 539 237 338 5.
Housing 290 962 2 157 792 128 559 2 577 313 81 158 378 160 14 068 473 386 88 052 187 225 4 388 279 665 69.
Community Safety And Liaison 129 929 3 300 1 665 134 894 36 310 437 - 36 747 42 127 - 176 42 303 -13.
The Royal Household 40 346 122 1 932 42 400 11 140 34 541 11 715 9 749 29 610 10 388 12.
Local Government And Traditional Affairs 902 603 204 040 24 893 1 131 536 136 327 149 771 951 287 049 100 427 7 034 897 108 358 164.
Transport 2 490 167 668 760 2 109 058 5 267 985 750 270 86 581 476 760 1 313 611 419 659 1 192 712 012 1 132 863 16.
Works 557 368 244 235 82 491 884 094 107 686 38 324 18 070 164 080 103 917 1 559 5 070 110 546 48.
Arts, Culture And Tourism 207 920 146 276 21 030 375 226 43 181 30 221 2 980 76 382 43 084 41 892 1 618 86 594 -11.
Sport And Recreation 216 105 31 137 22 026 269 268 29 141 4 057 1 054 34 252 29 261 2 553 804 32 618 5.
Total payments 46 331 155 8 516 659 5 615 139 60 462 953 11 219 640 1 962 359 1 424 980 14 606 979 9 807 754 1 947 359 1 062 560 12 817 673 14.
Information submitted by: Mr Simiso Magagula Acting Head Official: Provincial Treasury KwaZulu-Natal Tel No: (033) 897-4556 1. Budgeted figures are based on the 2009/10 provincial budget statements tabled in the provincial legislature on 25 February 2009.
Receipts Transfers from National Revenue Fund - Equitable share of revenue - Conditional grants Provincial own receipts 33 980 784 29 861 344 4 119 440 559 661 8 696 239 7 554 920 1 141 319 116 390 7 301 603 6 483 737 817 866 97 052 19.1% 16.5% 39.5% 19.
Total receipts 34 540 445 8 812 629 7 398 655 19.
Education 14 448 200 1 004 924 908 999 16 362 123 3 407 416 354 364 288 488 4 050 268 2 896 072 110 224 163 655 3 169 951 27.
Health 7 832 385 279 508 905 879 9 017 772 1 783 732 79 003 137 882 2 000 617 1 707 767 52 477 124 537 1 884 781 6.
Social Development 404 013 252 725 104 862 761 600 88 745 25 249 16 644 130 638 70 550 17 608 15 085 103 243 26.
Office Of The Premier 519 721 26 092 13 368 559 181 116 631 1 751 1 205 119 587 102 174 1 129 624 103 927 15.
Provincial Legislature 113 321 8 061 2 487 123 869 29 847 5 948 197 35 992 27 258 3 449 46 30 753 17.
Agriculture 939 820 66 686 178 604 1 185 110 219 770 40 586 19 976 280 332 174 342 14 962 22 832 212 136 32.
Provincial Treasury 322 519 4 200 2 825 329 544 77 754 832 14 78 600 82 711 1 849 37 84 597 -7.
Economic Development, Environment And Tourism 480 983 245 571 17 351 743 905 91 502 71 722 2 145 165 369 84 785 66 570 1 166 152 521 8.
Roads And Transport 936 196 1 878 408 174 961 2 989 565 206 934 314 721 11 903 533 558 169 780 116 116 1 897 287 793 85.
Public Works 627 994 19 757 75 923 723 674 126 354 1 850 13 401 141 605 121 975 2 319 5 279 129 573 9.
Safety, Security And Liaison 45 221 1 000 912 47 133 9 927 - 25 9 952 8 009 - - 8 009 24.
Local Government And Housing 389 413 1 008 848 2 973 1 401 234 89 631 368 012 3 000 460 643 69 787 142 345 383 212 515 116.
Sport, Arts And Culture 179 299 2 500 49 241 231 040 36 212 1 680 6 654 44 546 22 422 527 218 23 167 92.
Total payments 27 239 085 4 798 280 2 438 385 34 475 750 6 284 455 1 265 718 501 534 8 051 707 5 537 632 529 575 335 759 6 402 966 25.
Information submitted by: Mr Rob Tooley Head Official: Provincial Treasury Limpopo Tel No: (015) 298-7190 1. Budgeted figures are based on the 2009/10 provincial budget statements tabled in the provincial legislature on 19 February 2009.
Receipts Transfers from National Revenue Fund - Equitable share of revenue - Conditional grants Provincial own receipts 22 106 551 19 005 445 3 101 106 480 216 5 681 582 4 808 378 873 204 115 658 4 604 812 4 108 989 495 823 75 707 23.4% 17.0% 76.1% 52.
Total receipts 22 586 767 5 797 240 4 680 519 23.
Education 9 193 562 464 577 415 060 10 073 199 2 285 688 282 829 72 488 2 641 005 1 966 791 169 949 102 219 2 238 959 18.
Health 4 668 962 116 960 643 530 5 429 452 1 309 513 34 402 170 701 1 514 616 897 549 10 428 63 944 971 921 55.
Social Development 408 986 295 574 87 783 792 343 90 061 44 094 7 740 141 895 64 848 70 595 6 239 141 682 0.
Office Of The Premier 193 272 - 3 417 196 689 46 294 374 121 46 789 36 864 2 051 2 862 41 777 12.
Mpumalanga Provincial Legislature 132 244 12 694 13 900 158 838 23 392 3 171 8 26 571 17 444 2 270 738 20 452 29.
Finance 232 397 - 4 000 236 397 47 349 - 141 47 490 39 019 - 422 39 441 20.
Local Government 317 875 5 900 91 000 414 775 50 718 4 971 16 459 72 148 63 378 186 199 7 572 257 149 -71.
Agriculture And Land Administration 530 058 111 200 158 377 799 635 167 461 14 936 18 654 201 051 95 438 21 046 777 117 261 71.
Economic Development And Planning 182 206 305 937 2 300 490 443 32 587 101 661 315 134 563 20 626 58 968 55 79 649 68.
Public Works 420 781 47 394 8 724 476 899 117 868 5 448 6 830 130 146 82 360 264 1 055 83 679 55.
Safety And Security 87 521 - 2 894 90 415 21 412 21 675 22 108 13 649 222 583 14 454 53.
Roads And Transport 1 479 127 4 815 655 004 2 138 946 292 826 1 046 163 933 457 805 185 594 732 215 715 402 041 13.
Culture, Sport And Recreation 225 442 9 080 44 174 278 696 35 749 1 822 6 638 44 209 47 333 3 871 2 131 53 335 -17.
Total payments 18 212 593 2 187 428 2 145 433 22 545 454 4 544 043 711 615 465 455 5 721 113 3 530 893 526 595 404 312 4 461 800 28.
Information submitted by: Mr Rabeng Tshukudu Head Official: Provincial Treasury Mpumalanga Tel No: (013) 766-4572 1.
Budgeted figures are based on the 2009/10 provincial budget statements tabled in the provincial legislature on 25 February 2009.
Vote 04: Local Government and Vote 14: Housing were combined under the Local Government and Housing Vote during the first quarter of the 2008/09 financial year. These votes have subsequently been restructured resulting in new portfolios through the departmental process.
Receipts Transfers from National Revenue Fund - Equitable share of revenue - Conditional grants Provincial own receipts 7 970 607 6 192 507 1 778 100 141 066 2 048 850 1 566 704 482 146 39 284 1 659 236 1 335 243 323 993 33 757 23.5% 17.3% 48.8% 16.
Total receipts 8 111 673 2 088 134 1 692 993 23.
Education 2 622 111 299 544 57 553 2 979 208 648 540 104 132 24 098 776 770 614 959 130 433 20 609 766 001 1.
Health 1 750 892 38 901 423 869 2 213 662 460 793 7 920 60 110 528 823 387 585 4 544 34 282 426 411 24.
Social Services And Population Development 290 184 108 291 9 418 407 893 54 167 19 937 1 817 75 921 49 758 13 904 7 265 70 927 7.
Office Of The Premier 105 306 26 916 4 523 136 745 26 164 2 590 63 28 817 22 954 11 415 745 35 114 -17.
Provincial Legislature 84 716 5 453 1 925 92 094 22 522 1 833 6 24 361 19 989 4 942 1 020 25 951 -6.
Safety And Liaison 91 870 512 2 306 94 688 19 235 1 124 1 512 21 871 16 717 1 138 16 856 29.
Transport, Roads And Public Works 276 824 87 160 374 196 738 180 50 843 14 514 51 408 116 765 71 190 12 047 65 672 148 909 -21.
Economic Affairs 85 257 35 315 787 121 359 19 787 - 213 20 000 10 975 112 59 11 146 79.
Sport, Arts And Culture 125 871 17 629 34 236 177 736 22 698 1 132 3 740 27 570 19 714 4 844 108 24 666 11.
Provincial Treasury 99 809 148 1 813 101 770 27 481 796 205 28 482 21 536 24 901 22 461 26.
Housing And Local Government 172 535 345 897 2 463 520 895 50 685 62 933 332 113 950 34 595 24 996 190 59 781 90.
Agriculture And Land Reform 229 832 115 20 270 250 217 45 187 303 19 453 64 943 39 998 93 868 40 959 58.
Tourism, Environment And Conservation 89 175 14 448 2 688 106 311 18 169 998 661 19 828 16 171 315 408 16 894 17.
Total payments 6 024 382 980 329 936 047 7 940 758 1 466 271 218 212 163 618 1 848 101 1 326 141 207 670 132 265 1 666 076 10.
Information submitted by: Mr Sello Mokoko Head Official: Provincial Treasury Northern Cape Tel No: (053) 830-8358 1. Budgeted figures are based on the 2009/10 provincial budget statements tabled in the provincial legislature on 26 February 2009.
Receipts Transfers from National Revenue Fund - Equitable share of revenue - Conditional grants Provincial own receipts 19 281 803 16 121 174 3 160 629 584 407 5 002 521 4 078 657 923 864 139 769 4 201 668 3 455 157 746 511 173 616 19.1% 18.0% 23.8% -19.
Total receipts 19 866 210 5 142 290 4 375 284 17.
Education 7 320 296 538 676 286 347 8 145 319 1 608 004 279 003 84 832 1 971 839 1 420 817 190 808 25 063 1 636 688 20.
Health 4 287 565 112 676 519 067 4 919 308 1 022 009 26 076 158 979 1 207 064 860 358 5 040 99 011 964 409 25.
Social Development 417 643 215 599 91 285 724 527 96 748 31 403 16 897 145 048 76 238 23 324 3 182 102 744 41.
Office Of The Premier 222 313 26 333 12 743 261 389 57 606 8 343 3 317 69 266 39 544 7 137 2 528 49 209 40.
Provincial Legislature 129 732 - 3 550 133 282 38 032 - 1 421 39 453 28 557 - 298 28 855 36.
Sport, Arts And Culture 251 641 184 615 51 915 488 171 45 654 35 859 598 82 111 41 303 33 062 14 054 88 419 -7.
Economic Development And Tourism 89 832 197 701 488 288 021 15 248 45 655 138 61 041 14 428 39 236 42 53 706 13.
Finance 330 711 - 5 255 335 966 50 754 1 130 50 885 43 591 172 148 43 911 15.
Developmental Local Government And Housing 179 409 1 170 175 283 1 349 867 39 657 188 705 17 228 379 33 603 176 413 95 210 111 8.
Transport, Roads And Community Safety 959 593 436 414 559 792 1 955 799 215 996 214 872 319 103 749 971 190 718 130 974 76 237 397 929 88.
Public Works 497 483 67 744 87 987 653 214 111 477 3 505 13 180 128 162 94 745 2 225 33 502 130 472 -1.
Agriculture, Conservation And Environment 460 853 146 808 3 686 611 347 105 372 8 476 726 114 574 96 257 6 420 2 062 104 739 9.
Total payments 15 147 071 3 096 741 1 622 398 19 866 210 3 406 557 841 898 599 338 4 847 793 2 940 159 614 811 256 222 3 811 192 27.
Information submitted by: Mr Johannes Mohlala Head Official: Provincial Treasury North West Tel No: (018) 387-4441 1. Budgeted figures are based on the 2009/10 provincial budget statements tabled in the provincial legislature on 19 February 2009.
Receipts Transfers from National Revenue Fund - Equitable share of revenue - Conditional grants Provincial own receipts 26 784 933 20 807 126 5 977 807 1 818 123 6 806 024 5 264 203 1 541 821 469 079 5 449 183 4 434 696 1 014 487 363 170 24.9% 18.7% 52.0% 29.
Total receipts 28 603 056 7 275 103 5 812 353 25.
Education 8 754 059 1 341 081 250 899 10 346 039 2 017 167 423 213 77 498 2 517 878 1 770 813 336 805 17 984 2 125 602 18.
Health 8 638 307 505 285 749 206 9 892 798 2 101 984 122 637 125 063 2 349 684 1 714 135 111 916 83 846 1 909 897 23.
Social Development 463 397 690 937 8 168 1 162 502 96 169 149 142 1 183 246 494 87 125 137 684 3 800 228 609 7.
Premier 428 294 25 626 38 000 491 920 100 902 4 248 9 009 114 159 84 214 7 323 337 91 874 24.
Provincial Parliament 70 725 20 802 2 301 93 828 14 828 6 535 139 21 502 12 543 3 757 111 16 411 31.
Provincial Treasury 133 492 330 860 134 682 28 115 164 391 28 670 25 643 - 179 25 822 11.
Community Safety 246 647 12 589 1 023 260 259 54 750 2 661 473 57 884 43 126 4 820 493 48 439 19.
Local Government And Housing 302 150 1 584 469 4 470 1 891 089 68 925 344 884 218 414 027 48 494 166 103 2 534 217 131 90.
Environmental Affairs And Development Planning 129 363 136 227 1 167 266 757 25 225 45 185 1 040 71 450 19 695 30 029 537 50 261 42.
Transport And Public Works 1 392 385 808 873 1 321 692 3 522 950 311 244 100 953 360 677 772 874 249 953 11 125 147 331 408 409 89.
Agriculture 315 916 73 191 9 500 398 607 58 761 27 204 716 86 681 53 349 19 362 1 359 74 070 17.
Economic Development And Tourism 142 531 132 185 1 750 276 466 19 189 40 439 138 59 766 19 026 28 698 1 103 48 827 22.
Cultural Affairs And Sport 226 582 66 386 3 477 296 445 49 274 3 374 399 53 047 38 863 2 567 783 42 213 25.
Total payments 21 243 848 5 397 981 2 392 513 29 034 342 4 946 533 1 270 639 576 944 6 794 116 4 166 979 860 189 260 397 5 287 565 28.
Information submitted by: Dr JC Stegmann Head Official: Provincial Treasury Western Cape Tel No: (021) 483-4709 1. Budgeted figures are based on the 2009/10 provincial budget statements tabled in the provincial legislature on 24 February 2009.
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South Africa finds itself in an interesting space, as does the rest of the world.
While grappling with the current recession, there has recently been much talk of green shoots in the international economy as well as in South Africa, although these are still very few. Just as the impact of the recession on South Africa lagged somewhat behind the rest of the world's, it seems our recovery will lag too.
There are four issues to address in dealing with economic circumstances that presently confront us. The first is to acknowledge that there is a crisis; secondly to understand the crisis and work out how to deal with it; thirdly to have the right people in the right posts, and lastly to understand the risks. In some ways, these issues in the story of the recession are mirrored in the story of the Land Bank. Today represents the beginning of a new partnership between key players for the Bank, and we will reflect on the new role of cooperative governance among the Ministry of Finance, Agriculture, Forestry and Fisheries, and Rural Development and Land Reform.
In recessionary conditions such as these, businesses struggle to stay afloat. The financial sector too is affected, perhaps even more than the other sectors, with institutions such as banks having to adapt to the challenges posed by lower levels of financial activity and higher defaults. The Land Bank is no different. The Bank has had to respond to not only the crisis, but a number of other challenges such as support to farmers. As we launch the Annual Financial Results of the Land Bank, we are cognisant of the difficult financial situation faced by many farmers - both emerging and commercial.
The turnaround strategy launched by the Bank shortly after the appointment of Phakamani Hadebe as interim CEO in June last year is beginning to bear fruit. Recovery will however be gradual and painstaking. The implementation of the strategy has been focused on governance, adherence to its mandate, and of course, the financial stability of the organisation. The Land Bank entered this period with a huge cloud over its head, dogged by allegations of mismanagement, fraud and corruption. Four forensic audits have been commissioned, and these reports have been submitted to the Serious Economic Offences Unit of the South African Police Service and the Hawks. We have also included the Financial Intelligence Centre and the Compliance Unit at the South African Revenue Service (SARS) in these investigations. I am happy to announce that there has been some movement on these cases. The very nature of the complexity of these crimes means that it may take a longer time to unravel issues. We will leave no stone unturned in dealing with these fraudulent cases.
Those involved will be brought to book, taken to court, and I hope they will be dealt with in the proper way. These matters will not be left untouched and unattended to. However, we cannot say too much at this stage because we do not want to jeopardise the investigations.
What is encouraging is that the Bank this year received an unqualified audit. The balance sheet of the Bank is in a healthier state and the organisation is on its way to realising its mandate. But many challenges remain and continue to put pressure on the liquidity of the Bank. There have been moratoriums and I will not deal with those in detail. The policy of bank has to ensure its own sustainability.
The Bank also deals with repossessions within the legal prescripts. These include establishing reasons for non-payment by the farmer, restructuring the debt and even extending the loan repayment period. Repossessions are unfortunate and a measure of last resort. However, not repaying loans negatively impacts on the Bank's ability to fulfill its developmental role. When the Bank's clients do not pay, the Bank in turn suffers liquidity problems which means it must also go out and borrow in a difficult climate. If this trend continues, government will be forced to resuscitate the bank through more bailouts. We need to look at other support programmes, which is why I am happy about the partnership we have forged.
Together with the Bank's turnaround strategy, I also approved the recapitalisation of the Bank through an increased guarantee of R3.5 billion. These steps will ensure that the Land Bank is financially sustainable, and will be a viable conduit to promote effective economic development in rural areas. The Bank must operate in a different way and fulfil the goals of President Zuma's administration, which has identified rural development as priority.
As part of this, the respective development interventions undertaken by the country's DFI's will be coordinated and if need be, redirected. This will be informed by the proposals that the National Treasury is working on, following the DFI review that was undertaken. These will involve drawing on lessons of experience from the best international practices of DFIs. As has been clearly proven globally, DFIs are the best government conduit to promote economic development, provided they operate effectively. Experience tells us that some of the most successful DFI systems depend on the commitment of government to effectively align DFI mandates with government policy, together with the ability of the DFIs to serve priority sectors. Equally important is proper and effective coordination, proper governance structures, and reliable and effective monitoring and evaluation. When we have learnt what needs to be done, we will invite our colleagues from other Ministries to work with us - to ensure that our mandates, especially in dealing with rural development, work in tandem.
While the state can be seen as a catalyst, enabler and activist, the challenge is in ensuring that it is not exploited, especially in its role as enabler.
Finally, let me take this opportunity to thank the investors, clients and partners for their continued support to the Bank, and reiterate government's own commitment too. I understand the Bank is now out of "ICU" but they will still have to convince all of us that they will get out of hospital as soon as possible. I am confident that the new management team, under the direction of the Board, will charter the Bank safely through the challenges that lie ahead.
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appoint the places mentioned in Column C of the Schedule as places of sittings of the equality courts mentioned in Column A.
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The Forum is part of the global Emerging Markets Forum, a non-profit initiative created to allow senior political and corporate leaders and public servants to reach conclusions on economic, political and social issues facing emerging market countries. The focus this year will be on the implications of developments in the global economic environment on the African continent.
The Forum will be co-chaired by Benjamin Mkapa, the former President of Tanzania and Michel Camdessus, former Managing Director of the International Monetary Fund, and offers space for invigorating debate on a range of pertinent economic issues that emerging market economies grapple with.
The Emerging Markets Forum brings together participants with a wealth of knowledge and experience in both the private and public sectors.
The Forum discussions will be open to media.
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Mister Speaker, it gives me great pleasure to introduce the "Taxation Laws Amendment Laws Bills, 2009". These bills contain the tax proposals as announced in the February 2009 Budget Speech by the previous Minister of Finance and as elaborated on in the 2009 Budget Review.
For technical reasons, the amendments are split into two Bills - a money Bill (under section 77 of the Constitution) and an ordinary (or section 75) Bill. Given the 2009 general elections and the subsequent convening of the fourth democratically elected parliament, it was decided to introduce only one set of taxation amendments this year. There will therefore be no Revenue Laws Amendment Bills in 2009. It is my view that we should continue to strive towards having only one set of major taxation amendment Bills each year going forward, to allow for time to consult more widely and more effectively.
Mister Speaker, the global crisis continues to weigh heavily on economies around the world. Budget deficits have soared to unprecedented heights as tax revenue has fallen sharply. Employment is falling in almost every country.
The 2009 Taxation Laws Amendment Bill contains the tax measures announced in the 2009 Budget that, together with other aspects of the fiscal framework, provide support to the domestic economy through this extraordinary period in our history. We hoped at that time that South Africa would escape the economic crisis relatively unscathed. The economy continued to grow, although at a slower pace than during the boom. The first contraction in our economy was seen in the final quarter of 2008, but at 1.8%, it was still much less severe than the large contractions seen in other emerging markets, such as South Korea, Mexico and Thailand. We responded by choosing to sustain growth in infrastructure spending, to support well-targeted industrial development programmes, to broaden social security benefits, and to continue to invest in education, health and other public services. Our budget deficit estimate for 2009/10 was revised to 3.8% of GDP, a swing of nearly 5 percentage points, and the public sector borrowing requirement was sharply increased to reflect the policy intention to raise borrowing from domestic and foreign sources to support demand in the economy as a whole.
However, the global downturn has been worse than expected and South Africa is now in recession, the first in over 17 years. While there are indications that the South African economy might have reached the bottom of this sharp downturn, the road to recovery will be slow and gradual.
Fortunately, given the sound manner in which our fiscal framework has been managed over the years, and combined with sound tax policy reforms and tax administration, we can honour our spending commitments announced in February 2009. Our fiscal expansion is having a positive effect on our economic performance. In particular, the acceleration of infrastructure spending is contributing to both greater long term capacity and short term employment creation. These measures have not offset the full effect of the decline in global demand, but the situation would have been far worse had we firstly not anticipated the crisis, and secondly not acted as boldly as we have done and in the manner in which we have done.
The past year has shown us that capitalism is prone to periods of excess and exuberance. One of the roles of this administration going forward is to ensure that the poor and vulnerable are protected from the effects of these boombust cycles. It is in the rising numbers of unemployed that we observe the very real human costs of this economic crisis. In South Africa employment has fallen by 3.5% since the last quarter of 2008.
Additional measures like the proposed training layoff scheme provide a layer of protection for workers, giving firms an alternative to retrenchments during the recession. The expanded public works programme should help to provide additional job opportunities.
Going forward, our economic growth path has to be a more labour absorbing one. Reducing unemployment is our single biggest priority in the decade ahead. For us to succeed here, we need a radical departure from 'business as usual'. The public sector needs to create many more jobs, mainly through its infrastructure programme and through the delivery of labour intensive services, such as early childhood education and home-based care. The broader South African economy needs to become more competitive in its ability to grow exports to finance the consumption and investment needs of our domestic economy.
The world economy is on the cusp of recovery, but it may be a weak one. As South Africans, we need to find a sustainable path to renewal and economic development. There has been robust spending for many years by government, in support of the broader renewal of our economy, community, public services and infrastructure. We need to ensure that our economy is able to sustain that spending. A challenge is to ensure the effectiveness of the services we provide. Our health, education, transportation, and safety and security systems must help solve the tough challenges faced by ordinary South Africans every day. Over the next few years, we face the difficult challenge of doing more and better without additional resources. This will require a change in leadership style, in organisational culture and in structures of accountability in the public service. President Zuma has taken the lead in calling for more effective service delivery and better performance by government institutions. It is up to all of us to rise up to this challenge.
The 2009 Taxation Laws Amendment Bills deal with wide-ranging amendments to various tax acts, including the Income Tax Act, the Value Added Tax Act, the Customs and Excise Duty Act and the Estate Duty Act. Some of the amendments that will be formally enacted in terms of these Bills have already taken effect, such as the increases in the excise duties, the fuel levies and the revised personal income tax tables for 2009/10.
For individuals, the most important amendment was the adjustment to the personal income tax thresholds, which resulted in tax relief for individuals estimated at R13.5 billion. Other important amendments relate to the taxation of lump sum withdrawals from retirement savings before retirement and on retrenchment, especially in the current economic environment.
A significant simplification of the tax treatment of lump-sum payments from retirement savings upon retirement, and pre-retirement lump sum withdrawals, will be implemented as from this year. For pre-retirement lump sum withdrawals from retirement savings, the first R22 500 will be tax-free. The marginal tax rates on larger lump sums range from 18 per cent to 36 per cent for lump sums in excess of R900 000. In the case of a lump sum upon retirement, the first R300 000 is tax-free and the marginal tax rates also range from 18 per cent to 36 per cent for lump sums above R900 000. In an attempt to encourage individuals to preserve their retirement savings for the time they actually retire, the law provides for a more generous tax-free amount upon retirement. In addition, and to limit potential abuse, all lump-sum withdrawals and payments will be aggregated over the life of the taxpayer, meaning that once the tax-free portion has been used, it cannot be used again; subsequent lump-sums will be taxed at higher marginal rates.
Given concerns about the plight of workers that are losing jobs in the current economic climate, and as part of the measures agreed on through the NEDLAC process to help alleviate the impact of the current economic crisis, the draft Bills propose that withdrawal from retirement funds on retrenchment will qualify for the R300 000 exemption - the same as upon retirement. This concession will allow taxpayers significant tax relief in instances where circumstances beyond their control force them to make use of their retirement savings due to involuntary unemployment.
However, it should be noted that the principle of aggregation will still apply. Once a taxpayer has used all the benefits of the R300 000 tax free threshold, either as a result of one or a number of retrenchments, it will not be available for subsequent lump-sum payments. Employees should therefore, as far as possible be encouraged to preserve their retirement savings (and severance packages) for retirement.
Amendments to the Estate Duty Act seek to assist middle-income families and broaden the tax relief that some taxpayers could only access through advice from (expensive) tax planning experts. The amendments will allow the R3.5 million deduction for estate duty purposes to automatically rollover from the first deceased spouse to a surviving spouse or spouses. The surviving spouse or spouse will therefore have access to a deduction of up to R7 million on the second spouse's death.
In order to improve the equity of the income tax system and to broaden the tax base, the tax treatment of travel allowances will be reformed. The deemed kilometre method for deducting travel expenses will be repealed with effect from 1 March 2010. This amendment will eliminate an unintended subsidy for commuting by car (a personal expense). Individuals who use their private vehicles for businesses purposes and who receive a travel (car) allowance will still be able to claim these expenses by maintaining a logbook of business kilometres travelled. The PAYE system for travel (car) allowances will be adjusted so that 80 per cent of this allowance will be subject to PAYE. The 80 per cent rule will prevent under-withholding from taxpayers once the deemed kilometre method is repealed.
In terms of business taxation, the focus of the Bills are on further refinements to the proposed Dividends Tax that will replace the Secondary Tax on Companies, tax relief for certified emission reductions (CERs) and proposed tax incentives for energy efficiency savings by businesses. The Bills also refine the tax incentives for venture capital companies, and provide another opportunity for taxpayers to unwind legal entities that were set up to 'house' residential properties to minimise certain taxes - these loopholes have since been closed. The Bills provide for a more favourable depreciation regime for submarine telecommunication cables, to enhance efforts to improve our telecommunication networks and provide greater access to broadband. The learnership tax allowance is being streamlined and made more generous for longer-term apprenticeships. On the tax administrative side, the provisional tax payment system is being more closely tailored to taxpayer circumstances.
With respect to the proposed Dividends Tax, taxpayers will not be allowed to convert the taxable sale of shares into tax-exempt pre-sale dividends, and the new Dividends Tax will be imposed in respect of deemed dividends (e.g. loans to connected persons). The legislation also creates a level playing field for both domestic and foreign shares listed on the JSE. Hence, the 10 per cent tax on dividends will also apply to foreign shares listed on the JSE.
The learnership tax incentive to encourage employers to up-skill their employees through registered learnerships or apprenticeships is being streamlined and further enhanced. If an employee successfully completes a 12 month learnership, his or her employer will be able to claim an additional deduction of R60 000. This will result in tax relief of R16 800 per employee for an employer registered as a company. Where an employee successfully completes a three year apprenticeship, the employer will be able to claim an additional allowance of R180 000 at the end of the third year, resulting in a tax relief of R50 400 per employee. A more generous dispensation applies to employers who train employees with disabilities.
The sale of certified emission reductions (also known as carbon emission reductions credits) will be exempt from income tax. Businesses will obtain notional deductions for income tax purposes for energy efficiency savings, from certified baselines based on energy efficiency savings certificates. However, the implementation of the proposed energy efficiency savings tax incentives will only become effective after further consultation with the Departments of Trade and Industry, Energy, and other stakeholders.
The provisional tax system was tightened in 2008 to do away with the socalled "basic amount" and require 80 per cent accuracy in respect of the second provisional payment when compared to final assessed taxes due. Failure to meet this requirement would be subject to an automatic penalty of 20 per cent of the shortfall. Given concerns that meeting this 80 per cent requirement may not always be possible (especially for less sophisticated taxpayers), a two tier system is proposed: one for smaller taxpayers with annual taxable income of up to R1.0 million and one for larger taxpayers. Smaller taxpayers will have to adhere to the previous 90 per cent requirement, but the safe harbour of the basic amount will be reinstated. However, this amount will be increased by 8 per cent per year if it is more than a year out of date. Larger taxpayers will have to adhere to the 80 per cent requirement, but the imposition of the 20 per cent penalty will no longer be automatic.
The Bills also clarify provisions in respect of the principle of "pay now argue later". I must say there has been some misinformation on this issue. I hope the revised legislation provides for clarity and fairness in this regard, in accordance with existing case law and international experience.
The Bills also contain a number of smaller policy and other technical amendments which are mostly of interest to the tax specialists, but which we should all take note of. I will not elaborate on these issues, unless you would like to be here for the next three hours. However, one of the amendments worth mentioning is the provision for the tax deductibility of contributions to the Consumer Education Foundation of the Financial Services Board that will facilitate the financial education of consumers. The need for more comprehensive efforts to improve the financial literacy of consumers has been highlighted during the current economic crisis, and is evident by the high debt levels of many consumers. The efforts of the Financial Services Board should complement other efforts in this regard, such as those provided for in the National Credit Act.
These difficult times have another impact. We have seen recognisable improvements in tax compliance and morality when times were good. Unfortunately, the peak of the economic cycle and now the downturn have tempted some to regard tax as just another expense to be minimised. It is not. Now, more than ever, it is a vital contribution to a strong and functioning democracy.
The results of this temptation have shown themselves across the board. In the large corporate space, international transactions and structures have been used to minimise income, maximise expenses or otherwise manufacture inappropriate tax benefits. More troublingly, the use of "structural fog", limited disclosure or even non-disclosure seem to be a part of many attempts to secure these benefits. It is for this reason that South Africa supports international efforts to improve transparency and exchange of information in tax matters. Two senior SARS officials are participating in the Global Forum on this topic being held in Mexico as I speak. We will continue to co-operate with our existing treaty partners to identify structures. We will improve treaties in our existing network and expand the network.
Domestically VAT remains a concern. VAT refund levels are high, with a large number of vendors consistently claiming refunds. While this is understandable in some cases it requires investigation in others. Less understandable is the steady growth in the number of returns that have not been filed on time or that have been filed without payment. VAT that you and I have paid over on our purchases is being used by these vendors and not to address the challenges our country faces. Taken together with the incidence of fraudulent VAT refund claims, SARS has been forced to tighten its VAT registration requirements and give greater attention to other aspects of the VAT system.
In the personal income tax space, the growth in the number of taxpayers filing electronically and on time has been most encouraging. Yet even here we have seen a growth in the number of outstanding returns, especially amongst those who are likely to owe money on assessment. This is a situation that cannot be allowed to continue. SARS is far more willing to be sympathetic if you come to them before they come to you. And they will come.
I would like to thank the Chairman Mr. Mufamadi for his leadership, and the members of the Standing Committee on Finance for their constructive role in the process. Mister Speaker, I hereby table the "Taxation Laws Amendment Bills, 2009".
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The Minister of Finance Pravin Gordhan and the Deputy Governor of the South African Reserve Bank, Dr Renosi Mokate, attended the G20 Finance Ministers and Central Bank Governors Meeting at HM Treasury in London, on 4 and 5 September 2009. The meeting focused on preparations for the Heads of States Summit scheduled for 24 - 25 September in Pittsburgh, Pennsylvania, USA.
Primarily, the meeting focused on the state of the world economy and appropriate macro-financial policies. Reforms of the World Bank and the International Monetary Fund, and the reshaping of the global financial system - particularly the strengthening of financial regulation, supervision and cooperation - also received considerable attention.
The meeting noted that there are tentative signs of recovery in the global economy, albeit uneven across countries and regions. However, the outlook remains cautious and it is too early to conclude that the recovery has gained traction. In light of this, the G20 countries committed to maintaining their current fiscal and monetary policy stimulus policies.
The G20 countries agreed that the approach on exit strategies, and the shape that these will take, depends on the sustainability of the economic recovery. The precise nature and timing of the exit strategies will be governed by national conditions. The meeting reviewed the latest data on the state of the world economy, and concluded that stimulus packages should remain in place until recovery is secured. The G20 countries remain committed to the formulation of a credible exit strategy, which will be underpinned by effective coordination between fiscal and monetary authorities, international cooperation, and communication among countries regarding policy actions. The IMF has been called on to play a surveillance role, ensuring that effective international coordination and cooperation takes place.
Concern was raised about the need to ensure that countries work toward programmes that contribute to achieving balanced and sustainable growth, given that many countries have had to increase their deficit and debt levels to unprecedented levels, and implement unconventional and conventional monetary policies. Such programmes would include a rebalancing of global demand. Countries agreed to achieve balanced and sustainable growth. In effect this means that high deficit countries would increase their savings, and high surplus countries would increase domestic demand. Efforts to increase international trade, effect structural reforms, deepen financial markets and avoid protectionism would also be implemented.
The meetings of the G20 in November last year, and April this year, radically reshaped the architecture and rules governing the global financial system. This meeting of the G20 reiterated the need for swift and full implementation of the commitments made at the Washington and London Summits.
Convergence towards a single set of high-quality, global, independent accounting standards.
In support of the commitments made at the G20 to address the impact of the financial crisis, South Africa's fiscal and monetary authorities have, like many other countries, implemented counter-cyclical policies. The South African Reserve Bank has adopted an accommodative policy stance, having reduced interest rates by 500 basis points since December 2008.
South Africa supports the decision to promptly implement the April 2008 quota reform package. We also support further reforms to improve the quota share of emerging countries in both the IMF and the World Bank, reform their Executive Boards, and to increase the size of World Bank by one member to allow an additional African Chair. We support the move to a more open, transparent and merit-based approach to choose the heads of the World Bank and IMF.
South Africa expressed its concern about the impact of the financial crisis on low income countries, particularly those in Africa. The majority of African countries lack resources for substantial short or long term fiscal responses to the crisis, and this will impact on their ability to attain the Millennium Development Goals and alleviate poverty.
South Africa also supports the expansion of credit facilities, including the introduction of the Flexible Credit Line and a more flexible range of instruments for low-income countries. The challenge remains turning broad commitments for governance reform into action.
On reforms to the financial regulatory system, South Africa supports the initiatives of the Financial Stability Board to improve the architecture of the financial regulatory system, and mechanisms to improve collaboration and co-ordination between countries. In particular South Africa supports initiatives to regulate bankers pay and bonuses in order to reduce and minimise the excessive and reckless risk-taking culture that has infected many banks. South African regulators have been effective in regulating such risk in our banking system, and this remains an example to the rest of the world.
It is clear that the world economy still has a way to go toward complete recovery. The G20 has reaffirmed that collective and coordinated efforts will be needed globally to ensure sustainable growth, and to build a stronger and more effective international financial system.
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The International Monetary Fund (IMF) today released its 2009 Article IV Staff Report. This report is an annual assessment of South Africa's macroeconomic situation, including developments in the monetary, fiscal and financial sectors of the economy. The report was positively received by the IMF's Executive Board at its meeting of 5 August 2009, as noted in its Public Information Notice, which was also released today.
The Staff Report and the response of the IMF Board are broadly supportive of the fiscal, monetary and financial policies of the South African government. They note that the country's economy is weathering the effects of the financial crisis relatively well. The Report ascribes this to government's sound macroeconomic policies, underpinned by consistent and transparent policy frameworks, the floating exchange rate regime, and a well-supervised financial system. This, the Report notes, contributed to South Africa's strong economic growth, averaging 5 percent between 2004 and 2007, as well as to its single-digit inflation, steady employment growth, strengthened public finances and an improved external reserve position.
2.1 percent in 2009 as a whole. This is slightly more pessimistic than the Reuters July consensus of a 1.9 percent contraction.
The IMF Report also projects that the current account deficit will narrow to 6 percent of GDP in 2009, before widening to 7-7½ percent of GDP over the medium term. The IMF view is that the deficit is manageable at this stage. In should also be noted that about half of the deficit is rand-denominated, substantially reducing South Africa's external vulnerability.
The IMF supports the current policy of the South African Reserve Bank and National Treasury to build up reserves when market conditions are favourable. The IMF also supports South Africa's flexible, floating exchange rate system, and shares the view that this system provides an important buffer against external risks. It notes that the rand is a volatile currency, reflecting the relatively high proportion of offshore trading. As such intervening to manage the currency would be counterproductive.
Last year, the IMF Report made a number of recommendations based on its Financial Sector Assessment Programme (FSAP) update, where it concluded that "South Africa's financial system is fundamentally sound". The reports for both last year and this year recommend consolidated supervision of financial conglomerates, imposing fit and proper requirements on pension fund trustees, and improving monitoring and early warning analysis of risks and emergency measures.
The Report observes that South Africa's money markets remained orderly and financial institutions stable when the financial crisis intensified in late 2008. It also notes that the financial system has shown remarkable resilience through the current global financial crisis. The healthy profitability, limited exposure to foreign assets and funding, and low leverage of South African banks allowed them to remain solvent with no need for extraordinary liquidity or state support.
The Report's overall assessment is that banks' insolvency risks are small due to strong capital positions and generally high profitability. It notes that the banking sector is sound, and that corporate and financial sector balance sheet exposures to exchange rate and interest rate shocks are limited. However, while the system is stable, banks are feeling the impact of the declining economic activity and rising unemployment.
The report also points out some downside risks to the economy as a result of the global economic decline, like reduced trade flows, further financial market turbulence, and deteriorating loan quality of banks.
The South African government welcomes the generally positive report. However, government does not share all the views expressed in the report, particularly recommendations relating to trade, industrial policy and the labour market. With regard to labour market issues, it should be noted that there are some differences between the IMF, the Organisation for Economic Cooperation and Development (OECD) and the International Labour Organisation (ILO) on the labour market policy in South Africa.
The government will consider the recommendations made. There will be further discussions within government and with the IMF on the content of the report. Such discussion will also take into account various inputs on growth and development by the World Bank, OECD, ILO and various academic and research institutions.
Government has published two policy discussion papers on national strategic planning and performance, monitoring and evaluation. The implementation of these policies should assist in improving the quality of public services and this is in line with the recommendations of the report.
South African currently has a policy that encourages the private sector to invest in public infrastructure, including through the Public Private Partnerships arrangement (PPPs). Government will explore why take-up in PPPs has been lower than desired, while acknowledging the need to expand public infrastructure.
Government also initiated a process with financial regulators to give effect to the recommendations of the IMF, the Financial Stability Board and the G20 meetings. These include measures to strengthen consolidated supervision of financial conglomerates.
Government notes that the Report has recognised mitigating factors with regard to the current account deficit, including a relatively large portion of it being comprised of rand denominated factors. Government has also acknowledged the need for a pragmatic and disciplined fiscal policy, including a limit of 50 percent for debt to GDP, to alleviate risks to the medium-term fiscal position.
Government will update its macroeconomic forecasts in October 2009 when the Minister of Finance tables the Medium Term Budget Policy statement.
A copy of the full report is available on the International Monetary Fund website (www.imf.org) and on the National Treasury website (www.treasury.gov.
For media queries contact Thoraya Pandy on 012 315 5944.
<fn>GOV-ZA.2009091601En.2012-02-10.en.txt</fn>
The tabling of the Provincial Budget and Expenditure Review in the NCOP provides an important opportunity for South Africans to reflect on our provincial system. It is also useful for us to remember that the current constitutional system is the result of our negotiated settlement. We are now fifteen years into our democracy and there is no doubt that great progress has been made on the delivery of services to the citizens of our country. No one can deny that there are more children attending school today than at any other time in the history of our country; there are more people accessing health services now than fifteen years ago; our housing programme is deemed historic internationally; and I can go on. This year's Provincial Budget and Expenditure Review, which we table in front of you today, highlights this undeniable progress.
However, Chairperson, this Review also provides us with an opportunity to reflect on the impact that government spending had on the lives of ordinary people. Is the quality of services at a level that has had a lasting impact on the lives of our people Has the education system delivered the skills needed for the economy to grow and to foster social cohesion Why is it that our education outcomes are lagging behind comparable countries Despite the historic delivery on housing, did this contribute to sustainable human settlements where our people can play, work and sleep The answers to these pertinent questions will without doubt suggest that we have a long way still to go to realise the goal of 'a better life for all' that we set ourselves?
I am of the view that the Review that I table in this House today will allow you to ask these tough questions. It should be a tool that you can use effectively to exercise your oversight responsibility, to challenge us to work smarter, to be efficient and effective in the period ahead so that we achieve the developmental goals we set for ourselves.
Provincial budgets have increased by R100 billion between 2005/06 and 2008/09. By 2011/12, provincial spending, at R339 billion, would have more than doubled the 2005/06 levels. The growth in the budget should allow us space to strengthen our education system, ensure effective delivery on health services and expand social services to our people.
I remain concerned that the outputs and outcomes are lagging the massive investments we are making. What could be the underlying reasons for this mismatch What are we not doing correctly Who is not doing his or her job in the delivery chain More importantly, what action is taken against people who do not discharge their responsibility effectively By not asking these tough questions, we collectively endorse the poor performance that continues to be the trend in our country. When departments in your provinces come to report on the funds you appropriated, what questions do you ask them Why do they get away with sub-standard performance each year These are tough and unpopular questions, but I implore you to have these frank conversations?
Yesterday, we explained how you can use the document effectively to assist you in addressing these tough questions I am posing to you today. I am told that some of the members present had specific suggestions to address the challenges we are faced with as a country.
Second, norms and standards should be developed to guide our delivery.
Third, there is a need to modernise that delivery mechanisms. Why is it that a soft drink company can deliver soft drinks to its thousands of outlets on time without any leakage, and yet our clinics are without drugs and medicines, and learner support materials arrive late or never arrive at schools?
Fourth, contract management must be strengthened.
Fifth, supply chain management needs to be strengthened.
Lastly, there must be consequences for failure in the same way that there is reward for excellent performance. Action against non-performance must be stepped up.
Chairperson and delegates, this is a start in the right direction. There should not be any non-action on our part. Our people cannot continue to suffer while we sit on the sidelines and do nothing - we have the power so let us use it wisely. We have achieved much in the past 15 years and we should build on those strengths and continue to improve the lives of our people - that is the 'better life for all' that we should always aspire to create and sustain.
<fn>GOV-ZA.2009093001En.2012-02-10.en.txt</fn>
The Minister of Finance Pravin Gordhan held discussions this morning with MTN Chairman Cyril Ramaphosa and CEO Phuthuma Nhleko, regarding the proposed merger between MTN and Bharti Airtel. MTN advised the Minister that the two companies have mutually decided to terminate further discussions on the proposed merger, as they were not able to conclude all outstanding matters to enable the transaction to proceed.
In principle, the South African government is supportive of local companies that want to grow and diversify offshore from a domestic base. We particularly welcome such diversification to emerging and developing countries, as South Africa is committed to deeper South-South relationships.
The South African government believes that the structuring of such partnerships is best left to the companies themselves, who must make their decisions on commercial grounds. However, when companies structure their relationships outside the current exchange control regulatory framework for such transactions, they require the approval of the Minister of Finance. This was the case with the proposed MTN-Bharti merger, which required certain exchange control and other approvals.
The Finance Ministries of both South Africa and India are committed to working closely together to lay the basis for the development of mutually beneficial mechanisms for such mergers. In this regard, the National Treasury has invited our Indian counterparts to South Africa to continue working towards a framework to support the growth and expansion of companies in both countries.
<fn>GOV-ZA.20091009Gg32622R966PajaRulesofprocedureEn.2012-02-10.en.txt</fn>
TAKE NOTICE FURTHER that if you intend opposing this application, notice of intention to oppose must be given within 15 days of receipt of the notice of motion. This notice must appoint an address for and manner of delivery of all process and documents. If you provide a physical address and require that the documents be served on you by hand, the address provided must be within 25km of a Court.
TAKE NOTICE FURTHER that within 15 days after giving notice of your intention to oppose, you must deliver an answering affidavit, if any.
If no such notice of intention to oppose is given, the registrar will be requested to set the matter down for hearing on , date at. ....................... time.
DATED at this day of ................................. 20......
Any other person necessary to join in the proceedings.
<fn>GOV-ZA.2009101301En.2012-02-10.en.txt</fn>
The Minister of Finance Pravin Gordhan will present the Medium Term Budget to Policy Statement (MTBPS) to Parliament on 27 October 2009.
Lock-ups have been arranged both in Cape Town and Pretoria. The information contained in the documents will be under embargo until Minister Gordhan begins speaking in Parliament. To maintain the integrity of the lock-up arrangements, it is important that no information is leaked prior to the lifting of the embargo, as this would seriously jeopardise future arrangements for all concerned.
No communication whatsoever by journalists is allowed (including by telephone, e-mail or any other means) during the lock-up. We therefore recommend that journalists who will not be working on the MTBPS story work from elsewhere.
For access to Parliament for the speech and to broadcast from the Parliamentary precinct please send your details to erandall@parliament.gov.
The lock-up will end only when Finance Minister Pravin Gordhan starts his address in Parliament.
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<fn>GOV-ZA.2009102En.2012-02-10.en.txt</fn>
In line with government's mandate to make information accessible to all and bring government closer to the people, GCIS has published the fifth edition of the Pocket Guide to South Africa.
To obtain a copy of the SA Yearbook 2009/10 or Pocket Guide to South Africa 2009/10, please e-mail your request to delien@gcis.gov.za, stating your postal address, physical address and telephone numbers.
<fn>GOV-ZA.200910En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2009110501En.2012-02-10.en.txt</fn>
How should governments respond to economic crises?
The present economic crisis has again brought to the fore economic arguments on how best government's should respond to economic crises. For some, the recent crisis also settled long-standing debates. Today, few economists would argue that governments should do nothing or that governments should not intervene to support economic activity. The debate mainly centres on what the appropriate sets of policies are to respond to a crisis.
This debate is complicated by two factors. Firstly, not all crises are the same. Some are induced by a shock to demand (such as a sharp fall in household spending) while others might be due to a supply side shock, such as a country running out of power. Different problems have different solutions. In the first instance, government's role is to increase spending to stimulate demand, in the latter case, government is best advised to take steps to slow consumption spending down to prevent blockages in network industries.
Secondly, economists are never quite sure how severe a downturn is likely to be or how long it is likely to last. The response to a severe and protracted downturn is different from the response to a mild slowdown. In a mild slowdown, policy makers are often advised to do nothing, to allow the automatic stabilisers to take effect and to allow inefficient industries to die while in a severe recession, government is often advised to stabilise the economy at all costs.
Let me start by turning to the literature. There are broadly two schools of thought on how government should respond to economic crises. The first school of thought, often referred to as the Austrian school was made famous by Joseph Schumpeter. This school argues that government intervention should be minimal because economic downturns are a natural way of forcing inefficient firms and industries to go under, releasing resources and skills to feed new industries that emerge from the ashes of the old. They argue that even though this adjustment is painful, in the long term economies recover faster and then grow more quickly because the allocation of resources punishes inefficient industries. While adjustments do not occur overnight, these adjustments are a necessary process. This process is referred to as creative destruction.
Karl Marx in his writings on dialectical materialism also spoke of the negation of the negation, a process by which new economic systems emerge from the ashes of the old, taking on board the best aspects but ditching what is inefficient.
Schumpeterian scholars argue that government intervention slows down this process of change and while it protects jobs today, it actually prevents new jobs from being created in other sectors. In the US, government has given large doses of support to the motor industry. Schumpeterian scholars argue that it is better to allow these firms to fail because then resources would either flow to more efficient motor manufacturers or ones that are more green or into public transport projects and so forth. Money has an opportunity cost and so spending to save today's jobs in General Motors for example, means that resources are less likely to flow into other firms or competing industries.
Modern day Schumpeterians would argue that there is strong evidence to suggest that firm level productivity rarely changes but more productive firms grow faster and so aggregate productivity growth in an economy occurs by inefficient firms going out of business, not by everyone raising their productivity levels at the same time. They would argue that today's bailouts of the banks and motor manufacturers would merely postpone a painful economic adjustment, to a world less reliant on finance and less reliant on big, gas-guzzling motor vehicles. Schumpeterians would argue that it was the fiscal and monetary stimuli after the dot-com bubble in 2001 that gave rise to the excess lending in the US that led to the sub-prime crisis and the eventual collapse of large parts of the financial system. Lastly, ladies and gentlemen, the adherents of this school of thought would argue that today's robust response to the economic crisis is merely postponing an even larger crash and an even more painful adjustment, especially for the US economy.
The opposite school of thought is most closely associated with John Maynard Keynes. Keynesians argue that government must respond robustly to severe economic shocks because the damage that such shocks have on real economies would take years if not decades to repair. They argue that the creative destruction argued by Schumpeterians not only affects inefficient producers but too many other people too, even if these are in efficient firms. For example, a canteen operating outside a car plant might be a very efficient firm but would be forced to close down and retrench people if the car plant collapses. The suppliers to this canteen would then also be forced to scale back and so forth. The knock-on effects of the crisis would affect too large a proportion of the population, damaging household savings, the skills of workers, societies and communities.
Keynesians acknowledge that some jobs must be lost and that some firms will go under. Nevertheless, they argue that government should support demand because too large a fall in demand would do more than just weed out inefficient firms. It would hurt capacity permanently.
Higher government spending financed by borrowings will help stimulate demand for goods and services, helping to keep some sectors and businesses afloat. The most successful form of stimulus spending is infrastructure projects because they have both short and longer term benefits and these projects can be curtailed if economic activity picks up. Higher wages increase demand but they are also a permanent step change in public spending meaning that either taxes would have to rise or spending would have to be cut at some point in the future. Both prospects reduce economic activity going forward.
The economic theory around which Keynesians argue their point is that in a recession, people stop spending and consuming and so the economy has greater capacity to produce than there is demand and therefore demand needs to be increased.
Today, the Keynesian school of thought is in ascendancy. However, it must be noted that there is some truth in both schools of thought and that extreme arguments on both sides are often wrong. Secondly, it should be noted that relying too heavily on government to support demand can only be a short term intervention. If done for too long, public debt would rise to unsustainable levels, imposing a harsh cost on the next generation. Thirdly, higher government spending often goes to sectors that shout the loudest rather than the most worthy. Fourthly, in small open economies, such as our own, higher government spending could simply result in increased imports rather than higher domestic production.
Having a sound social security net that is able to cushion individuals during a crisis is essential for economic and social stability.
Many of these lessons are contained in our Framework agreement in response to the economic crisis, developed under the guidance of NEDLAC.
Ladies and gentlemen, allow me to turn to some of the analysis of the present crisis and what policy considerations occupy the minds of South Africa's policy-makers.
It is appropriate for government to increase borrowings to sustain public spending and to raise investment, but it must be able to reduce its borrowings when the economy recovers. This implies that increases in spending must be on items that can be reversed when the economy shows signs of recovery. Tax revenue is seen as an automatic stabiliser that falls during a recession and then recovers as profitability returns.
Deficits rise during a recession, leading to higher levels of debt. If debt levels rise too much, then borrowing costs for government goes up, leading to a rising interest burden going forward. Higher interest costs require either cuts to spending or higher taxes, both which may be negative for the economy.
And so while it is appropriate for government to increase their deficits during a crisis, it must present a credible path back to a sustainable budget balance after the crisis has ended. Failure to do so would mean lower growth for many years after the crisis has ended.
In our case, we have generally done the right things. We have allowed revenue to fall and we have borrowed to protect public spending. We have also been able to increase investment during this recession, something that would benefit the economy for generations to come.
However, it is also true that we have increased spending on permanent programmes such as salaries, social grants and transfers to municipalities. A permanent change in spending in one area has to be offset by either lower spending in other areas or by tax increases. This highlights the importance of us finding money within our budget to fund both the priorities and these pressures.
Government is embarking on a deep and far reaching savings and reprioritisation exercise. In phase one, we have been able to find about R14.5 billion at national level and about R12.6 billion a provincial level. We need to look closely at how we spend our money, how we procure, whether we employ the right people and whether there are alternative ways to deliver a particular service.
While government should support sectors and firms to ride out a cyclical downturn, this must not be at the expense of newer, more efficient firms and sectors to emerge from the ashes of the old. It is often better to put in place proper unemployment insurance benefits and to offer skills development than to support businesses that do not have a long term chance of succeeding. The training lay-off scheme developed in terms of our framework agreement is an example of this principle.
Ladies and gentlemen, in conclusion, I wish to leave you with a simple thought that we've repeated often in the past few weeks. This crisis presents us with an opportunity. Our two imperatives are to increase employment and to improve the quality of public services. What are you going to do differently from tomorrow to see these objectives being realised?
<fn>GOV-ZA.20091109Gg32730No75En.2012-02-10.en.txt</fn>
1 In terms of section 12 of the Magistrates Act, 1993, (Act No 90 of 1993), I hereby determine that, the total remuneration of the positions of office bearers in Column 3 of Schedule 1 shall be as set out in Column 4 Schedule 1 with effect from 1 April 2009, subject to terms and conditions set out herein.
A Flexible portion for the remaining amount of the total package.
Notice No.48 published in the Government Gazette No.31546 of 27 October 2008, is hereby repealed.
Given under my Hand at Cape Town on this 12th day of November, Two thousand and nine.
Any reference to "magistrates" in the Notice, refers to all ranks of magistrates who have been permanently appointed in terms of section 9(1) of the Magistrates Court Act, 1944 (Act No.32 of 1944), read with section 10 of the Magistrates Act, 1993 (Act No.90 of 1993), including a magistrate serving his or her probationary period. The total remuneration package shall therefore not applicable to any magistrate who is not permanently appointed.
<fn>GOV-ZA.20091109Gg32730No76En.2012-02-10.en.txt</fn>
1 In terms of section 2 of the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001), I hereby determine that, the total remuneration of the positions of office bearers in Column 3 of Schedule 1 shall be as set out in Column 4 of Schedule 1 with effect from 1 April 2009, subject to terms and conditions set out herein.
A cash annual salary component of 72.
A non-cash component of 27.76% (which includes motor allowance and employer medical contribution). 3 The total remuneration package does not include pension benefits which are separately regulated by the Judges' Remuneration and Conditions of the Employment Act, 2001. 4 Notice No. 47, published in the Government Gazette No. 31546 of 27 October 2008, is hereby repealed.
<fn>GOV-ZA.2009111001En.2012-02-10.en.txt</fn>
What is the foundation built from?
We can count the profit we make, but we cannot count the happiness that a customer gets from good service. We can count sales, but we cannot count the cost of the impact on the environment. We can count the fiscal deficit, but we cannot count the pain of a family where the breadwinner has just been retrenched. We can value the share price, but we cannot value honesty or integrity.
So much of our political, economic and business discourse is about ideology, policy, methodology, models, frameworks and systems. So little of our discourse is about what set of values underpins our models, frameworks and systems. In any economic system, be it socialism or capitalism, when there is a loss of morals and ethics, the poor and the vulnerable suffer the most. Economic systems or models or frameworks matter, the numbers matter; but they matter far less than the foundation upon which they are built. That foundation is the set of values or ethics upon which we build our businesses, organisations and societies.
In the past 14 months, the world has witnessed economic turbulence not seen in most of our lives. The International Labour Organisation estimates that over 50 million people have lost their jobs. The number of South Africans who have lost their jobs in the past three quarters stands at just below a million. That's one million households in pain, where food would be scarce, stress in abundance, where families struggle to make ends meet. Economic turbulence is measured in the human condition, the feelings, emotions, aspirations and happiness of millions and millions of people. By this measure, the word depression more adequately describes the human cost of this global economic crisis.
We should also remember that even before the crisis, over four million South Africans were unemployed and about 40 per cent of households were living on less that 2 dollars a day. About half of our young people sit idly in townships, with neither work nor hope. The strain and stress that these statistics have on our social fabric is massive: crime, inequality, social dislocation, marginalisation - there is a greater sense of 'us' and 'them'.
Societies cannot survive and prosper in these circumstances. Inequality, of the scale that we have, is not sustainable in the long run. It is impossible for our country to make the kind of progress we need without addressing the key issue - that too few people work and in particular, that too many young people cannot get work. Ladies and gentlemen, I'll return to this issue later in my address.
Returning to what went wrong in the economic systems of the world - with socialism in the 1980s and with capitalism last year. In both cases, three things went wrong. Firstly, elites captured power and used state resources to benefit the few. In Eastern Europe, the best schools, the best hospitals, even the best holiday resorts were reserved for senior party members. The higher up the ranks of the party, the better one was treated by the state. In modern day capitalism, the elites not only have a monopoly on the best schools and hospitals but they also use the state to further their own interests. While the bailouts of the financial system in the US were necessary, there are few who will doubt the role of the elite in lobbying for support from Washington. Here in South Africa, elites have captured state resources through corruption, through crony empowerment and by milking the state through charging exorbitant prices.
however numerous they may be - is not freedom at all. Freedom is always and exclusively freedom for the one who thinks differently its effectiveness vanishes when 'freedom' becomes a special privilege.'
The second common feature was that the 'distance' between government and the governed widened. The lifestyles of the elites, even in government, became unrecognisable to those of the electorate. The standard of living of senior public officials was so distant from that of the electorate that it blurred their judgement. The deterioration of the health system is a case in point. With almost all politicians and most senior officials in the state having access to private health care, too few policy-makers recognised that public health services were collapsing, even though 83 per cent of the population rely on the public health system. The elites were shielded because it did not impact on their lives.
The fracas around the expenses of politicians is a clear example of the widening distance between public office bearers and the electorate. Many senior leaders in government and in business live in different areas, use different means of transport, their children go to different schools, they shop in different stores, they purchase different items and they read different newspapers. Such distance must have negative implications for governance, accountability and democracy. Joe Slovo, in his pamphlet on the collapse of socialism in Eastern Europe, Has Socialism Failed writes, The steady erosion of the representative character of elected institutions led to the alienation of a considerable portion of society from political life.
The third common thread that gave rise to these crises was a complete breakdown in the ethical foundations of society, both in government and in business. The casino economy, as parts of the financial services sector has become known, lost all perspective of right and wrong. Market players believed, with almost religious zeal, that markets were always right and that resources were always allocated in an efficient manner. The article in this weeks' Sunday Time where Lloyd Blankfein, CEO of Goldman Sachs says that he believes that he is doing the work of god is reflective of this belief that markets function in a way that is good for all or for most people. I thought that after everything that has happened in the past 14 months, that there would be few people who believe the markets are always right. The truth is that markets are often wrong. Prices often over-correct, markets often fail and prices are not always a reflection of all the information that is out there at any point in time. Even the so-called 'efficient market hypothesis', the basis of most operations in the investment sector, is being questioned today.
A sense of ethics is missing from business today.
"Earnings can be pliable as putty when a charlatan heads the company reporting them".
Without honesty and integrity, free markets will run amok. Let's take the example of price collusion, affecting so many of our industries in South Africa. Let me ask the question, who is a greater threat to free markets in South Africa, the so called 'left' who call for nationalisation or the business leaders who fix prices in anti-competitive ways and don't play by the rules?
A business community that condones their own when they fix the price of bread or rig a tender contract is a community that has lost its moral compass and therefore cannot be relied upon to help build a successful country.
This loss of moral compass occurred in socialist countries too. Only the immoral could not see that certain reforms, such as collectivisation in farming, was causing food production to fall and hunger to increase. Because prices were not a signal of a crisis in food production, food had to be rationed and of course, the elites got more. A system that justified anti-democratic practices such as bannings, arrests and intimidation of the opposition by the state is a system that has lost its moral authority.
There are government examples of how hubris led to failure too, from the great Roman empires to our present day government here today. Arrogance, disregard for the electorate and disdain for the views of others is a recipe for failure. The complete lack of humility in our discourse is a serious cause for concern.
Our country faces massive challenges. We seek to build a united, prosperous, nonracial and non-sexist society where the opportunity of every citizen is valued and nurtured. We cannot achieve this objective unless we tackle the employment challenge. Under the leadership of President Zuma, we have opened up a dialogue on a new growth path for South Africa. An alternative growth path must be a more labourabsorbing one and a more inclusive one.
The present crisis and the new spirit of openness in government is an opportunity for you to become involved in the debate. While government has a key role to play in increasing employment, only through a partnership with the business community can we hope to succeed in creating millions more jobs. We seek your input and advice, we seek your active involvement in the programmes and campaigns to reshape our economy. As government, we have an obligation to business to support them and to provide the environment for entrepreneurs to succeed. At the same time, we expect honesty and integrity from our business community. As I've said repeatedly in the past few weeks, we seek entrepreneurs, not tenderpreneurs. We seek people and businesses who are going to create jobs and add value to public services without milking the state, even if this is in the name of BEE.
In conclusion ladies and gentlemen, allow me to extend my congratulations to all those who have been nominated for the awards tonight and to the winners. You have a huge responsibility, to demonstrate that morals and values still form the foundation of our society.
Even as we search for a new growth paradigm and as the world searches for a new economic paradigm, let us recognise that no system in the world is sustainable if it is not underpinned by a sense of morals, ethics and values. No system can succeed if it is not people-centred. We must put people first, and we are unashamed that we will put the poor and vulnerable first in our policies.
The most urgent task in South Africa is to create jobs. This is where business - big and small, government, labour and civil society need to reach out and develop a partnership that taps into the immense creativity and energy of this country. We have to do this, so that millions of people will have hope that they will get a decent job one day, and not just be dependent on a welfare system. There in lie the future dignity, integrity and dynamism of South Africa.
I leave you the words of John D. MacDonald, "Integrity is not a conditional word. It doesn't blow in the wind or change with the weather. It is your inner image of yourself, and if you look in there and see a man who won't cheat, then you know he never will."
<fn>GOV-ZA.20091113MinSafety2010En.2012-02-10.en.txt</fn>
Cape Town - Justice and Constitutional Development Minister Jeff Radebe has assured soccer teams and international visitors arriving in South Africa for the 2010 FIFA World Cup that they will be safe during their stay.
He said they should not be concerned about attacks on any of the teams or the officials who will be in the country for the event.
The minister's remarks follow concerns by international teams about their safety in the country during the World Cup. The Japanese team, which plays against Bafana Bafana in Port Elizabeth on Saturday, were apparently advised not to leave their hotel rooms after dark, in fear of their safely.
Radebe assured that there was no need for the panic as government was doing all it could to fight crime and to ensure their safety.
"Government is spending R640 million on the deployment of 41 000 officers specifically for the World Cup. This includes 31 000 permanent members and 10 000 police reservists," he said.
There will be a total of 54 dedicated courts spread across the country to deal with criminal matters that relate to the tournament.
The minister also pointed out that South Africa has had a successful record of hosting major sporting events since 1994.
If you look at our event experience, we've hosted many big events including the Rugby World Cup in 1995, the 2003 Cricket World Cup and the Twenty20 in 2007. We have [teams] in and out of the country all the time.
"This year, we had the British Lions tour and the Confederations Cup and all went well."
During the World Cup, police will also be patrolling roads between airports and hotels as well as roads between stadiums and hotels to ensure that visitors are protected at all times.
This is in addition to the number of helicopters and command vehicles with state-of-the-art technology that have been procured.
Further to this, 54 special courts will be made available 24 hours, seven days a week across the country to expeditiously deal with criminal matters that relate to the tournament.
<fn>GOV-ZA.2009111901En.2012-02-10.en.txt</fn>
The second quarter provincial budget statement of receipts and payments, published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 30 October 2009, covers spending for the first six months of the 2009/10 financial year, which ended 30 September 2009. It is available on the treasury website at www.treasury.gov.za.
The information is sourced from the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury by 22 October 2009. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
Some of the expenditure was not foreseen at the time of tabling the 2009 provincial budgets and the cost thereof is unforeseen and unavoidable as provinces don't have the latitude within their budgets to absorb it.
The wage agreement (Resolution 5 of 2009 of the PSCBC) is 5 percentage points higher than what provinces planned for when they tabled their 2009 Budgets.
The Occupation Specific Dispensation (OSD) for educators concluded in 2009 (ELRC collective agreement 4 of 2009) is also placing additional funding responsibilities on provinces.
The agreement reached in the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) on 7 August 2009 gave effect to the introduction of an OSD for medical doctors, dentists, medical and dental specialists, pharmacists, pharmacy assistants and emergency medical services personnel (paramedics).
However, the 2009 Adjusted Estimates of National Expenditure and the 2009 Medium Term Budget Policy Statement tabled on 27 October 2009, proposed additional adjustments to the allocations made to provinces for the 2009 Budget to cover for these shortfalls mentioned above. These documents are available on the treasury website at www.treasury.gov.za.
The additional adjustments can only be concluded once provinces have tabled their 2009 adjusted estimates during November 2009.
In aggregate, provinces have spent 50 per cent or R145.3 billion of their main budgets of R290.6 billion for the period ended 30 September 2009. This represents a spending increase year-on-year of 13 per cent or R16.7 billion higher than for the same period last year when provinces had spent R128.6 billion.
Education expenditure totalled R59 billion or 49.8 per cent of the R118.
(40.8 per cent). The spending pattern reflects an 11.3 per cent or R6 billion increase over the same period last year.
Health expenditure totalled R42.4 billion or 51.5 per cent of the R82.
(28.3 per cent). The spending pattern reflects a 14.1 per cent or R5.2 billion increase compared with the same period in 2008/09.
Social development spending for the first six months of the 2009/10 financial year is recorded at 44.5 per cent or R4.1 billion of the R9.3 billion social development budgets.
Personnel expenditure, in aggregate, is at 48.5 per cent or R76.8 billion of the R158.5 billion personnel budgets.
In aggregate, provinces spent 49.3 per cent or R11.3 billion of their R22.9 billion combined capital budgets. This is a significant improvement of 22.3 per cent over the previous financial year, exceeding the R9.2 billion spent over the same period in 2008/09 by R2.1 billion.
Provincial education departments spent 58.2 per cent or R3.2 billion of their R5.5 billion education capital budgets. This is significantly higher by 57.8 per cent or R1.2 billion more than spending over the same period of the previous financial year.
45.5 per cent or R3.5 billion against their R7.8 billion health capital budgets, which is 26 per cent or R729.5 million more than the same period for 2008/09.
The greatest share of provincial capital is on the budgets of public works, roads and transport departments at 32.6 per cent. The sector spent 50.8 per cent or R3.8 billion against its combined capital budgets of R7.5 billion.
Provincial own revenue collected thus far is at 46.4 per cent or R4.4 billion of the total own revenue budget of R9.6 billion. National government has transferred R116.7 billion of the equitable share and R27.4 billion in conditional grants to provinces, during the first six months of the 2009/10 financial year.
A more detail analysis of the expenditure outcome as at 30 September 2009 is set out in Annexure A, which also includes a comparative spending analysis for the same period over the 2008/09 financial year.
Table 1 indicates that provinces have spent 50 per cent or R145.3 billion of budgeted expenditure of R290.6 billion for the first six months into the current financial year. Spending to date is at a lower level in percentage terms compared to spending against annual budgets over the same period in the 2008/09 financial year (51.8 per cent).
However, in nominal terms, spending is 13 per cent or R16.7 billion more than for the same period last year when provinces had spent R128.6 billion. Between provinces, spending ranges from the lowest share of 46.8 per cent in Limpopo and 46.9 per cent in Western Cape, to the highest at 53.3 per cent in Gauteng and 53.1 per cent in Eastern Cape.
Eastern Cape 33 498 218 5 697 299 3 439 217 42 634 734 17 582 758 3 333 688 1 717 187 22 633 633 53.1% 19 227 940 17.
Free State 13 982 650 2 596 268 1 795 064 18 373 982 6 318 462 1 506 042 824 360 8 648 864 47.1% 8 151 365 6.
Gauteng 39 133 818 13 591 987 2 533 316 55 259 121 20 252 089 8 011 523 1 165 844 29 429 456 53.3% 26 051 750 13.
KwaZulu-Natal 46 331 155 8 516 659 5 615 139 60 462 953 22 420 512 4 598 325 2 902 596 29 921 433 49.5% 27 297 205 9.
Limpopo 27 239 085 4 798 280 2 438 385 34 475 750 12 735 123 2 332 303 1 077 624 16 145 050 46.8% 14 638 257 10.
Mpumalanga 18 212 593 2 187 428 2 145 433 22 545 454 9 087 942 1 282 513 974 135 11 344 590 50.3% 9 801 051 15.
Northern Cape 6 024 382 980 329 936 047 7 940 758 2 988 595 471 678 328 407 3 788 680 47.7% 3 622 068 4.
North West 15 147 071 3 096 741 1 622 398 19 866 210 7 016 677 1 624 594 1 131 783 9 773 054 49.2% 8 222 737 18.
Western Cape 21 243 848 5 397 981 2 392 513 29 034 342 10 034 908 2 409 352 1 185 993 13 630 253 46.9% 11 619 611 17.
Total 220 812 820 46 862 972 22 917 512 290 593 304 108 437 066 25 570 018 11 307 929 145 315 013 50.0% 128 631 984 13.
Provinces have budgeted R210.2 billion for social services, which includes spending on education, health and social development. Spending on social services is recorded at R105.6 billion or 50.2 per cent of the total provincial social services budgets for the first six months of 2009/10.
Education 118 557 688 59 016 852 49.8% 40.6% 55.9% 53 015 310 11.
Health 82 329 954 42 437 136 51.5% 29.2% 40.2% 37 204 942 14.
Social Development 9 262 378 4 124 509 44.5% 2.8% 3.9% 3 838 902 7.
Total 210 150 020 105 578 497 50.2% 72.7% 100.0% 94 059 154 12.
Education budgets of R118.6 billion comprise 40.8 per cent of total provincial budgets. Table 3 indicates that education expenditure is at 49.8 per cent or R59 billion of the total education budget, an increase of 11.3 per cent or R6 billion compared to the R53 billion spent over the same period in 2008/09.
46.9 per cent and Limpopo at 47.
51.8 per cent and Mpumalanga at 51.5 per cent.
Eastern Cape 19 447 507 10 074 214 51.8% 44.5% 58.4% 8 567 455 17.
Free State 7 407 201 3 690 358 49.8% 42.7% 58.3% 3 385 644 9.
Gauteng 18 987 053 9 505 425 50.1% 32.3% 48.9% 8 250 327 15.
Kw aZulu-Natal 24 810 039 12 379 636 49.9% 41.4% 55.8% 11 651 257 6.
Limpopo 16 362 123 7 839 194 47.9% 48.6% 63.9% 7 203 435 8.
Mpumalanga 10 073 199 5 188 330 51.5% 45.7% 61.8% 4 791 013 8.
Northern Cape 2 979 208 1 505 509 50.5% 39.7% 54.2% 1 512 308 -0.
North West 8 145 319 3 978 488 48.8% 40.7% 58.8% 3 327 897 19.
Western Cape 10 346 039 4 855 698 46.9% 35.6% 47.6% 4 325 974 12.
Total 118 557 688 59 016 852 49.8% 40.6% 55.9% 53 015 310 11.
Spending on goods and services (which includes learner and teacher support material) in education is recorded at 43.9 per cent or R6 billion of its R13.7 billion budget. It comprises approximately 11.6 per cent of total provincial education budgets, which is exactly the same percentage share compared to the 2008/09 financial year.
The bulk of education expenditure is on personnel (74 per cent). Current spending on education personnel amounts to 48.3 per cent or R43.7 billion of the education personnel budgets of R90.5 billion.
Eastern Cape 15 180 910 7 491 567 49.3% 57.9% 74.4% 6 535 813 14.
Free State 5 815 839 2 705 970 46.5% 55.5% 73.3% 2 620 432 3.
Gauteng 13 859 183 6 732 046 48.6% 54.2% 70.8% 6 196 040 8.
KwaZulu-Natal 19 161 085 9 227 445 48.2% 57.8% 74.5% 8 591 961 7.
Limpopo 12 152 411 6 187 384 50.9% 59.8% 78.9% 5 776 354 7.
Mpumalanga 7 948 599 3 734 486 47.0% 60.9% 72.0% 3 606 931 3.
Northern Cape 2 295 175 1 121 315 48.9% 55.7% 74.5% 1 110 823 0.
North West 6 384 905 2 864 311 44.9% 56.6% 72.0% 2 759 152 3.
Western Cape 7 719 367 3 626 979 47.0% 51.5% 74.7% 3 467 099 4.
Total 90 517 474 43 691 503 48.3% 56.9% 74.0% 40 664 605 7.
Spending by provinces ranges from the lowest in North West at 44.9 per cent and Free State at 46.5 per cent, to the highest in Limpopo and Eastern Cape at 50.9 per cent and 49.3 per cent respectively.
Education capital expenditure is at 58.2 per cent or R3.2 billion of the R5.5 billion budget. This is a significant increase of 57.8 per cent or R1.2 billion more than the R2 billion spent on capital over the same period last year.
Spending by provinces ranges from the lowest in Mpumalanga at only 35.1 per cent and KwaZulu-Natal at 50.8 per cent to the highest in Free State at 84.7 per cent and Northern Cape at 81.2 per cent.
Eastern Cape 933 279 612 675 65.6% 35.7% 6.1% 349 501 75.
Free State 338 524 286 853 84.7% 34.8% 7.8% 167 943 70.
Gauteng 742 851 408 397 55.0% 35.0% 4.3% 168 361 142.
KwaZulu-Natal 1 551 282 788 407 50.8% 27.2% 6.4% 566 774 39.
Limpopo 908 999 574 619 63.2% 53.3% 7.3% 390 488 47.
Mpumalanga 415 060 145 640 35.1% 15.0% 2.8% 228 916 -36.
Northern Cape 57 553 46 746 81.2% 14.2% 3.1% 32 503 43.
North West 286 347 199 781 69.8% 17.7% 5.0% 62 399 220.
Western Cape 250 899 129 252 51.5% 10.9% 2.7% 55 957 131.
Total 5 484 794 3 192 370 58.2% 28.2% 5.4% 2 022 842 57.
Health budgets totalling R82.3 billion comprise 28.3 per cent of total provincial budgets. Table 6 indicates that health expenditure is at 51.5 per cent or R42.4 billion of the total health budget, representing an increase of 14.1 per cent or R5.2 billion compared to spending over the same period in 2008/09.
Eastern Cape 11 328 346 6 522 030 57.6% 28.8% 37.8% 5 479 119 19.
Free State 5 168 719 2 336 570 45.2% 27.0% 36.9% 2 403 025 -2.
Gauteng 16 589 941 9 065 819 54.6% 30.8% 46.6% 7 483 077 21.
KwaZulu-Natal 17 769 956 9 103 175 51.2% 30.4% 41.1% 8 662 317 5.
Limpopo 9 017 772 4 089 093 45.3% 25.3% 33.3% 3 824 216 6.
Mpumalanga 5 429 452 2 907 379 53.5% 25.6% 34.6% 2 174 238 33.
Northern Cape 2 213 662 1 096 313 49.5% 28.9% 39.5% 922 200 18.
North West 4 919 308 2 504 604 50.9% 25.6% 37.0% 2 194 371 14.
Western Cape 9 892 798 4 812 153 48.6% 35.3% 47.2% 4 062 379 18.
Total 82 329 954 42 437 136 51.5% 29.2% 40.2% 37 204 942 14.
45.2 per cent and 45.3 per cent respectively. The highest shares are recorded in Eastern Cape at 57.6 per cent and Gauteng at 54.6 per cent.
Table 7 indicates that health personnel expenditure is R22.8 billion or 49.6 per cent of the health personnel budget, an increase of R1.8 billion or 8.5 per cent compared to the R21 billion spent over the same period in 2008/09.
Eastern Cape 6 066 040 3 625 615 59.8% 28.0% 55.6% 3 031 921 19.
Free State 3 048 360 1 413 030 46.4% 29.0% 60.5% 1 446 613 -2.
Gauteng 9 037 304 4 355 746 48.2% 35.1% 48.0% 3 941 590 10.
KwaZulu-Natal 10 362 138 5 129 985 49.5% 32.2% 56.4% 5 005 969 2.
Limpopo 5 380 928 2 557 624 47.5% 24.7% 62.5% 2 286 409 11.
Mpumalanga 2 926 127 1 394 144 47.6% 22.7% 48.0% 1 255 332 11.
Northern Cape 1 050 683 460 394 43.8% 22.9% 42.0% 443 376 3.
North West 2 767 277 1 298 754 46.9% 25.6% 51.9% 1 241 411 4.
Western Cape 5 364 971 2 598 649 48.4% 36.9% 54.0% 2 386 698 8.
Total 46 003 828 22 833 941 49.6% 29.7% 53.8% 21 039 319 8.
Spending on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure, is recorded at 56.3 per cent or R16.1 billion of the R28.6 billion budget. This is a significant increase of 20.3 per cent or R2.7 billion compared to the R13.4 billion spent over the same period in 2008/09.
Capital expenditure in the health sector is at 45.5 per cent or R3.5 billion. This represents a significant increase of 26 per cent or R729.5 million more than the R2.8 billion spent over the same period last year.
Eastern Cape 1 265 480 479 966 37.9% 28.0% 7.4% 473 722 1.
Free State 439 982 135 070 30.7% 16.4% 5.8% 194 516 -30.
Gauteng 1 460 021 598 871 41.0% 51.4% 6.6% 588 958 1.
KwaZulu-Natal 1 366 178 769 240 56.3% 26.5% 8.5% 606 069 26.
Limpopo 905 879 338 796 37.4% 31.4% 8.3% 267 314 26.
Mpumalanga 643 530 382 751 59.5% 39.3% 13.2% 154 188 148.
Northern Cape 423 869 195 452 46.1% 59.5% 17.8% 101 517 92.
North West 519 067 338 649 65.2% 29.9% 13.5% 238 240 42.
Western Cape 749 206 295 704 39.5% 24.9% 6.1% 180 474 63.
Total 7 773 212 3 534 499 45.5% 31.3% 8.3% 2 804 998 26.
Between provinces, with a varying degree of spending, the lowest rate of health capital spending is in Free State at 30.7 per cent and Limpopo at 37.4 per cent with North West and Mpumalanga recording the highest rate of spending at 65.
59.5 per cent respectively.
Provinces registered spending of 44.5 per cent or R4.1 billion of their R9.3 billion budget. This represents an increase of 7.4 per cent or R285.6 million above the R3.8 billion spent over the same period last year.
Between provinces, there are varying degrees of spending, with the lowest being in Mpumalanga at only 37.4 per cent and North West at 39.4 per cent while the highest are KwaZulu-Natal at 49.9 per cent and Free State at 46.2 per cent.
Eastern Cape 1 434 015 654 217 45.6% 2.9% 3.8% 629 598 3.
Free State 667 020 308 433 46.2% 3.6% 4.9% 244 032 26.
Gauteng 1 935 797 862 810 44.6% 2.9% 4.4% 809 264 6.
KwaZulu-Natal 1 376 681 686 478 49.9% 2.3% 3.1% 625 533 9.
Limpopo 761 600 333 006 43.7% 2.1% 2.7% 289 304 15.
Mpumalanga 792 343 296 191 37.4% 2.6% 3.5% 325 017 -8.
Northern Cape 407 893 174 858 42.9% 4.6% 6.3% 168 901 3.
North West 724 527 285 568 39.4% 2.9% 4.2% 230 436 23.
Western Cape 1 162 502 522 948 45.0% 3.8% 5.1% 516 817 1.
Total 9 262 378 4 124 509 44.5% 2.8% 3.9% 3 838 902 7.
Housing and local government budgets at R17.7 billion comprise 6.1 per cent of total provincial budgets.
Housing and local government spending is at the end of the first six months of the 2009/10 financial year 53.2 per cent or R9.4 billion of the R17.7 billion budget (table 10). This represents a significant increase of 43.9 per cent or R2.9 billion more than the R6.5 billion spent over the same period last year.
41.9 per cent and North West at 42.
65.8 per cent and Limpopo at 58.6 per cent.
Eastern Cape 2 133 805 1 166 547 54.7% 5.2% 61.4% 672 099 73.
Free State 1 304 529 709 696 54.4% 8.2% 82.7% 571 732 24.
Gauteng 3 996 268 2 627 865 65.8% 8.9% 84.0% 1 817 791 44.
KwaZulu-Natal 3 708 849 1 813 021 48.9% 6.1% 64.9% 1 100 928 64.
Limpopo 1 401 234 820 931 58.6% 5.1% 76.7% 467 323 75.
Mpumalanga 1 383 502 663 331 47.9% 5.8% 60.8% 596 575 11.
Northern Cape 520 895 239 757 46.0% 6.3% 61.9% 194 283 23.
North West 1 349 867 572 196 42.4% 5.9% 86.0% 502 106 14.
Western Cape 1 891 089 792 420 41.9% 5.8% 85.0% 612 592 29.
Total 17 690 038 9 405 764 53.2% 6.5% 74.8% 6 535 429 43.
Most of the housing and local government expenditure is on the Integrated Housing and Human Settlement Development conditional grant. Table 11 indicates that provinces spent 56.5 per cent or R7 billion of their R12.4 billion housing conditional grant. These spending figures are higher by 58.6 per cent or R2.6 billion over the same period last year.
Eastern Cape 1 313 378 715 938 54.5% 3.2% 10.2% 351 971 103.
Free State 962 759 587 086 61.0% 6.8% 8.3% 454 087 29.
Gauteng 3 187 086 2 207 937 69.3% 7.5% 31.4% 1 386 277 59.
KwaZulu-Natal 2 180 448 1 177 101 54.0% 3.9% 16.7% 536 013 119.
Limpopo 996 667 629 334 63.1% 3.9% 8.9% 304 522 106.
Mpumalanga 795 447 403 513 50.7% 3.6% 5.7% 387 520 4.
Northern Cape 325 011 148 314 45.6% 3.9% 2.1% 115 679 28.
North West 1 100 055 491 984 44.7% 5.0% 7.0% 422 639 16.
Western Cape 1 581 425 673 265 42.6% 4.9% 9.6% 475 580 41.
Total 12 442 276 7 034 472 56.5% 4.8% 100.0% 4 434 288 58.
Personnel expenditure ("compensation of employees") is at 48.5 per cent or R76.8 billion of the R158.5 billion budget. Spending to date is 8.7 per cent or R6.2 billion higher than the R70.6 billion spent over the same period last year.
45.7 per cent and 46.5 per cent respectively while Eastern Cape and Limpopo recorded the highest rates at 51.7 per cent and 50 per cent respectively.
Eastern Cape 24 998 953 12 928 185 51.7% 57.1% 16.8% 11 039 925 17.
Free State 10 487 237 4 874 779 46.5% 56.4% 6.3% 4 753 068 2.
Gauteng 25 639 247 12 418 709 48.4% 42.2% 16.2% 11 264 088 10.
KwaZulu-Natal 33 284 138 15 953 603 47.9% 53.3% 20.8% 15 050 241 6.
Limpopo 20 705 754 10 349 340 50.0% 64.1% 13.5% 9 515 640 8.
Mpumalanga 13 101 746 6 135 990 46.8% 54.1% 8.0% 5 708 252 7.
Northern Cape 4 301 283 2 012 274 46.8% 53.1% 2.6% 1 918 942 4.
North West 11 091 185 5 064 106 45.7% 51.8% 6.6% 4 811 765 5.
Western Cape 14 874 507 7 048 724 47.4% 51.7% 9.2% 6 556 312 7.
Total 158 484 050 76 785 710 48.5% 52.8% 100.0% 70 618 233 8.
49.3 per cent or R11.3 billion of their R22.9 billion capital budgets ("payments for capital assets"). This is significantly higher by 22.3 per cent or R2.1 billion more than the R9.2 billion spent over the same period last year.
Eastern Cape 3 439 217 1 717 187 49.9% 7.6% 15.2% 1 618 083 6.
Free State 1 795 064 824 360 45.9% 9.5% 7.3% 867 772 -5.
Gauteng 2 533 316 1 165 844 46.0% 4.0% 10.3% 908 307 28.
KwaZulu-Natal 5 615 139 2 902 596 51.7% 9.7% 25.7% 2 535 058 14.
Limpopo 2 438 385 1 077 624 44.2% 6.7% 9.5% 823 501 30.
Mpumalanga 2 145 433 974 135 45.4% 8.6% 8.6% 858 915 13.
Northern Cape 936 047 328 407 35.1% 8.7% 2.9% 382 319 -14.
North West 1 622 398 1 131 783 69.8% 11.6% 10.0% 594 092 90.
Western Cape 2 392 513 1 185 993 49.6% 8.7% 10.5% 659 314 79.
Total 22 917 512 11 307 929 49.3% 7.8% 100.0% 9 247 361 22.
Table 13 provides capital spending information by province, which indicates low rates of spending in Northern Cape at 35.1 per cent and Limpopo at 44.2 per cent and high rates in North West at 69.8 per cent and KwaZulu-Natal at 51.7 per cent. However, in absolute terms, KwaZulu-Natal has spent the most at R2.9 billion followed by Eastern Cape at R1.7 billion.
The biggest capital budgets in provinces are in public works, roads and transport departments at 32.6 per cent of the total provincial capital budget of R22.9 billion. Spending by these departments is at 50.8 per cent or R3.8 billion against its combined capital budgets of R7.5 billion.
Between provinces, with various degrees of spending, the lowest rate is recorded in Northern Cape at only 5.1 per cent and Limpopo at 17.5 per cent, while North West and Western Cape recorded the highest rates of spending at 84 per cent and 55.8 per cent respectively.
Table 14 (overleaf) reflects spending on conditional grant allocations as at 30 September 2009 for all provinces. It excludes expected conditional grant roll-overs from the 2008/09 financial year and spending on general purpose conditional grants (Schedule 4 grants) like National Tertiary Services, Health Professions Training and Development and the Infrastructure grant to provinces, as reporting against these grants cannot be separated from the provinces' health and capital budgets.
Against the total allocation of R27.2 billion, this excludes Schedules 4 and 8 grants, the rate of conditional grants spending amounts to 55.4 per cent or R15.1 billion. However, when excluding the Gautrain Rapid Rail Link grant, the conditional grant expenditure amounts to R12.4 billion or 50.9 per cent against a total allocation of R24.4 billion.
Specific grants that show low rates of spending include Overload Control (11.1 per cent), Health Disaster Response (Cholera) (19.
(29.1 per cent), HIV and Aids (Life Skills Education) (30 per cent), Mass Sport and Recreation Participation Programme (37.
(37.5 per cent) and Community Library Services (37.8 per cent).
Total excluding Schedules 4 and 8 grants 27 246 268 16 224 604 15 081 861 55.
Total excluding Schedules 4,8 grants & Gautrain 24 413 577 14 022 167 12 438 494 50.
Table 15 indicates selected conditional grant spending rates as at 30 September 2009. It further indicates that five or more provinces have spent less than 40 per cent of their grants budgets after the first six months for the following grants: Community Library Services, HIV and Aids (Life Skills Education), Devolution of Property Rate Funds and Mass Sport and Recreation Participation Programme.
Percentages represent actual expenditure of Main budgets as published in the Division of Revenue Act, 2009 (Act No.12 of 2009).
Provincial revenue includes budgeted equitable share allocations of R231.1 billion, conditional grants of R49.3 billion and own revenue of R9.6 billion. The total provincial revenue received and collected to date is recorded at 51.2 per cent or R148.5 billion of total budgeted revenue of R289.9 billion.
National government transferred 50.5 per cent or R116.7 billion of the equitable share and 55.6 per cent or R27.4 billion in conditional grants, to provinces after the first six months of the current financial year.
After the first six months, provinces have collected 46.4 per cent or R4.4 billion of the budgeted own revenue of R9.6 billion which is 6.5 per cent or R271.9 million more than what was collected by the end of September for the previous financial year.
The collection rate varies from 34.6 per cent in Gauteng and 43.4 per cent in Free State, to a high of 60 per cent in Northern Cape and 58.6 per cent in Eastern Cape.
Eastern Cape 703 652 412 321 58.6% 1.9% 508 772 -19.
Free State 616 627 267 585 43.4% 2.8% 276 826 -3.
Gauteng 3 035 411 1 049 801 34.6% 3.7% 1 064 916 -1.
KwaZulu-Natal 1 645 029 903 549 54.9% 2.9% 469 162 92.
Limpopo 559 661 258 465 46.2% 1.5% 241 426 7.
Mpumalanga 480 216 256 838 53.5% 2.2% 258 361 -0.
Northern Cape 141 066 84 695 60.0% 2.0% 76 806 10.
North West 584 407 299 416 51.2% 2.9% 299 085 0.
Western Cape 1 818 123 915 905 50.4% 6.3% 981 369 -6.
Total 9 584 192 4 448 575 46.4% 3.0% 4 176 723 6.
<fn>GOV-ZA.20091120Gg32713N1080En.2012-02-10.en.txt</fn>
I, Jeffrey Thamsanqa Radebe, Minister of Justice and Constitutional Development, hereby publish under section 15(2) of the Promotion of Access to Information Act, 2000 (Act No.
<fn>GOV-ZA.20091124OfficialsFootballfridaysEn.2012-02-10.en.txt</fn>
Department of Justice and Constitutional Development (DoJ&CD) officials gathered at the reception to pledge support for the 2010 Soccer World Cup on 20 November. Officials displayed the spirit of a winning nation by wearing Bafana Bafana soccer jerseys and blew the vuvuzelas.
Wearing her yellow Bafana jersey, Ms Constance Masango was one of the first 200 officials to receive a free vuvuzela per courtesy from Public Education and Communication (PEC) unit.
"I am excited for our soccer team and South Africa as the 2010 World Cup hosts," said Ms Masango. She encouraged officials to wear Bafana jersey every Friday and proudly support the "national team."
Johny Moatshe DoJ&CD official and member of the Justice choir pledged his support for the team by joining the crew with creative Bafana songs. He said Football Friday is for showing pride and patriotism about the national team. "I am not a soccer fanatic but because of the patriotism displayed today, I even learned how to blow the vuvuzela," he said. Responding about national team's 2010 performance, Mr Moatshe said he is not good on predictions but he believes that as the first country in the continent to host the soccer world cup, it will leave a mark.
<fn>GOV-ZA.2009112505En.2012-02-10.en.txt</fn>
Thank you for inviting me to share your celebration of Thanksgiving with you!
Just as you celebrate triumph over adversity, the globe is not yet sure if it has overcome the adversity imposed by the recession on all parts of the world. Just as President Lincoln's declaration of Thanksgiving almost 200 years ago as a celebration of family, community and national solidarity, so the present requires us to demonstrate extraordinary solidarity with families, communities and nations in distress as a result of the recession.
We meet at a time of great challenges and uncertainty. The global economy has reached a nadir, but with the first signs of recovery evident. Economic growth has resumed, in both the US and South Africa, during the third quarter.
Yesterday's GDP data showed South Africa has exited its recession, growing at an annualised rate of 0.9%. Economic activity expanded in manufacturing, construction, government and some services, but trade and finance continue to contract, albeit at a slower rate. The economy is benefiting from a countercyclical fiscal policy, supported by the sound fiscal position prior to the crisis that has enabled government to sustain public services and expand investment through the recession. Interest rates have been cut by 500 basis points to support growth and today we hear that inflation has fallen below 6%, within target for the first time since March 2007. South Africa's appeal to international investors is evident with almost R100 billion in capital inflows this year.
These signs of improvement and confidence in the domestic economy are encouraging, but there are many important challenges facing South Africa's recovery. As in other countries, employment has fallen significantly. Almost a million South Africans have lost their jobs since the start of the year. These are the very real and human costs of the crisis. We must face this challenge head on and find ways to increase labour absorption in the economy.
At the same time the implication of the current "carry trade" is a matter of concern in South Africa and elsewhere. As the global recovery strengthens and growth returns, our uncertainty arises from the shape of the world economy that is unfolding during and after the recovery. It will be a world that exhibits more plurality in the number of countries that are able to link good economic policy to good growth rates to rising living standards to effective political voice in the international community.
But it also may be one in which the global economic powerhouses of the last decade, the United States and China, remain constrained by the buildup of imbalances that were the very symbols of their rapid growth. In addition, the inequalities and imbalances between the developed and developing world have become accentuated and require urgent attention.
The correcting of the global imbalances may take longer than we expect, and may be accompanied by volatility across a range of indicators that matter for global economic growth. This trajectory will be complicated by the task of reversing the extraordinary fiscal and monetary measures taken by many countries to allay the global recession.
There are also considerable challenges in respect of financial markets. The crisis exposed inherent problems in the models and regulation of the global financial system. The efforts of the G20 are directed at upgrading national regulatory frameworks, and strengthening institutions and crossborder regulatory arrangements through creating more formal mechanisms to coordinate the work of regulators across borders. This is the work assigned to the Financial Stability Board.
What we don't know is whether these efforts will be sufficient to allow the socioeconomic benefits of creativity in the financial markets, and ensure that the alltoofrequent tendencies toward herd behaviour, irrational levels of leverage, and deceit, are minimised. For many economies, including here in South Africa, financial market activity has grown enormously. And while this brings a range of important benefits, the collapse of asset values can, and have caused social and economic destruction few political systems can survive unscathed.
This gives rise to my final challenge and uncertainty. That is, how will emerging market and developing economies address the policy challenge of reinvigorating economic growth in the shortterm while sustaining progress on longerterm growth?
Much has happened in the last two years to bolster the view that the current recession, emanating from imbalances in advanced economies, is a temporary but painful obstacle to robust future growth in emerging markets and the developing world.
We have seen significant, but not yet adequate, reforms in the IMF and the World Bank that make them more able to assist the developing world. But much still needs to be done by these institutions to change their approach to and relationship with developing countries.
Over the next few years it is critical that multilateral and bilateral donors assist countries in improving their administrative capacity to manage tax revenue and develop their tax base.
For some African countries foreign aid is as high as 40 to 70 percent of public spending. Between 1980 and 2006, the net aid inflow to Africa (including debt relief) increased fivefold, remittances increased ninefold and foreign direct investment increased fiftyfold. The average tax to GDP ratio in SubSaharan Africa increased from less than 15 percent in 1980 to more than 18 percent in 2005, but virtually the entire increase came from taxes on the natural resources sector, such as mining and oil companies. The revenue collected from other sources increased by less than 1 percent of GDP over 25 years.
Last week the African Tax Administration Forum was launched in Uganda. South Africa is the first chair of the Forum, and has worked with several African countries and developed country partners to establish the Forum and build the capacity of tax administrations.
Stable revenue flows will ensure stable public spending and less variable fiscal and tax policy. Sustaining economic growth, the creation of new firms and rising income levels, are critical ingredients for growing markets.
Tax systems are also proving to have an important role in helping to regulate financial market activity. New approaches to transparency in markets are needed and these are expected to shed light on riskier practices, and assist regulators in weighing risk across the range of previously unregulated products and activities. Tax authorities met recently in Beijing to discuss how reforms in transparency and tax havens, and secrecy rules or banks can be enhanced in order to curtail illegal activity.
Trade protectionism is a serious risk to global economic growth. South Africa's exports and imports are expected to decline by roughly 20 per cent in 2009 compared to 2008. How much is there to lose from a rise in protectionism Quite a bit as it turns out. Exports to the US from SubSaharan African economies and from South Africa are equal to 8.7 and 3.6 percent of their respective GDPs. Fostering improved trade relations between the US and South Africa will be important and efforts should be made to develop a better bilateral trade agreement?
US total trade, imports and exports with SubSaharan Africa, reached US$104.6 billion in 2008. The US trade deficit with Africa was about US$67.5 billion in the same year. Nigeria, Angola, the Republic of Congo, South Africa, Chad, and Equatorial Guinea accounted for 97.2 percent of the U.S. trade deficit with SubSaharan Africa in 2008.
Enhancing fair and balanced trade is essential to growing incomes and ridding the developing world of poverty. As Michael Spence's Commission on Growth and Development pointed out, the countries that have grown rapidly and sustainably for long periods have been those that have exploited the global economy - they have embraced the need to become productive enough to compete successfully in the vast global marketplace.
Economic growth also derives from investment, of course, and the Spence commission made much of the role of foreign direct investment. U.S. affiliated companies in Africa in 2006 reported estimated total assets of $116.6 billion, including $28.
1 In 2008, U.S.
$66.3 billion, 29.8 percent more than in 2007.
South Africa, Chad, and the Republic of Congo.
Lesotho, Madagascar, Kenya, Swaziland, and Mauritius.
Nigeria and $13.3 billion in South Africa. 2 U.S. affiliates in Africa attained worldwide sales of $70.9 billion, and net income of $14.6 billion.
FDI was seen to be especially important for growth because it brings with it the knowledge that developing economies need to accelerate the process of growth. But FDI is not always easy to come by. Economic factors are critical but so is governance and institutional development. These tend to be the focus of work done by developing country governments to attract FDI. Economic factors are somewhat less tractable, but expanding public infrastructure is an especially important constraint to FDI in Africa. South Africa will play a more proactive role in collaborating on the development of the public infrastructure needs of the African market.
Economic growth in developing countries will need to centre more on developing local and regional markets, and on progress on the institutional capacity of governments to deliver better quality human, capital and network inputs. As you will see from our own commitment in South Africa, reducing corruption will play an important role in that process, especially where public procurement is a large part of the market. The business sector has a major role in combating corruption. For other markets, much greater efforts to increase the productivity of firms will be needed to increase the market share of local firms and increase employment and wages. These efforts must be backed up by public services that generate everbetter human capital.
Economic growth also has global dimensions affecting how countries can and will exploit the global marketplace.
2 At yearend 2007, the U.S. direct investment position in SubSaharan Africa was $13.3 billion, 4.9 percent above the position at yearend 2006. South Africa ($4.8 billion), Mauritius ($2.9 billion), Equatorial Guinea ($2.2 billion), Angola ($876 million), Liberia ($456 million), and Gabon ($421 million) combined to account for 87.8 percent of the U.S. direct investment position in SubSaharan Africa.
3 November 2008 Survey of Current Business (U.S. Department of Commerce, Bureau of Economic Analysis).
returns to developing country exporters, and increasing the intensity of competition in those markets. This is a matter of serious concern. The IMF and OECD forecasters expect the US economy to grow by 2.5 percent in 2010, yet high unemployment rates and higher levels of public debt suggest a slower recovery than any of us would like to see.
At the same time, we are more aware of new challenges, chief among them climate change, and how they affect our need for energy. It seems important to me that we begin to see more clearly how the shortterm costs associated with climate change and energy supply should transform our economies in the longrun. This transformation is critical to thinking through the necessary private and public investments, and how such investments generate stronger economic growth now and in future decades.
New industries will emerge in the process and some of those that cannot survive without unsustainably low energy costs will begin to shrink. Part of our task as government is to ensure that growth can happen and that the path is smoothed, particularly by facilitating adjustment by incentivising it and offsetting some of its costs.
Let me turn now to the global financial system. Last year's global financial crisis saw the global financial system at the precipice. After the collapse of Lehman Brothers, pervasive uncertainty about the location and scale of losses resulted in domestic and crossborder liquidity drying up, credit markets seizing up and financial flows reversing resulting in highly volatile foreign exchange and liquidity flows. Despite virtually no exposure to subprime, South Africa was also greatly affected.
One of the key reasons for the crisis was failings related to effective coordination between different country regulators when supervising multinational financial institutions. Global governance around financial regulation was weak, insufficient to prevent the crisis and in dire need for reform.
Leadership through the crisis has come from the G20 - the group of the world's twenty most systemically important economies, which South Africa is a member of. In response to the crisis, the G20, through the Financial Stability Board is spearheading reform in the financial industry, promoting improved regulatory practices and preventative measures to reduce the probability of banking failures and systemic crises. In doing so, it is addressing many of the shortcomings of global governance and financial regulation that were important factors in explaining the crisis.
Important to reforming financial regulation is the move towards a macroprudential approach to financial regulation. The previous approach that treated macroeconomic and financial stability separately failed to see the wider implications of rising risks in the shadow financial sector and failed to appreciate that economywide trends in credit growth, leverage and asset prices posed systemic risks. A macroprudential approach focuses on identifying global macroeconomic and financial stability risks together.
The FSB has focused on strengthening the shock absorbers of the financial system and making the system more resilient. Under the auspices of the Basel Committee on Banking Supervision, this involves addressing capital and liquidity requirements that were, in general, woefully insufficient during the crisis.
ï· Given the damage created by leverage during the crisis, the introduction of a leverage ratio to supplement the Basel riskbased framework.
The extent to which global governance has failed is perhaps best illustrated in the raft of measures to improve regulation in the international financial system. The G20 progress report on Actions to Promote Financial Regulatory Reform details 58 items, many of which have a global dimension.
The global financial crisis and recession has reinforced the basic reality of globalisation - that our economies and our fortunes are inextricably linked. Advanced and developing economies, large multinationals and smaller local firms, are connected through a web of economic, informational, political, social and increasingly cultural ties that could be scarcely imagined 20 or 30 years ago. Some of these connections will change as the global economy recovers from our crises. And not all of those changes will be for the worse. There is much to reform and improve, in large measure to strengthen the ability of the poorer members of the international community to develop and realise a better standard of living. I am certain that you will work closely with us in coming years to achieve those common aims.
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South Africa welcomes the approval of a €1.86 billion (approximately R20.7 billion) loan by the African Development Bank (AfDB) for the Eskom Medupi Power Station in Lephalale, Limpopo on 25 November 2009. The power station is part of Eskom's capital expenditure programme, aimed at reducing the country's electricity generation capacity deficit.
The Medupi Power Station will provide additional generation capacity of 4,764 mega watts. The total cost of the Medupi project is estimated at R124, 42 billion, and the AfDB funding will be used to fund the supply and installation of boilers and turbo-generators. The loan will be a direct loan to Eskom with a sovereign guarantee from the government of South Africa.
At the end of August 2009, the AfDB had approved the funding of 16 projects in South Africa. The Eskom loan will be the biggest project that the AfDB finances in South Africa, and also the biggest loan ever approved by the AfDB. In 2008, the AfDB approved a loan of US$500 million to Eskom through the AfDB private sector window.
<fn>GOV-ZA.20091127Gg32750RegulationsDebtcollectorsEn.2012-02-10.en.txt</fn>
The Minister of Justice and Constitutional Development has, under section 23 of the Debt Collectors Act, 1998 (Act No. 114 of 1998), and after consultation with the Council for Debt Collectors, made the regulations in the Schedule.
In these regulations "the Regulations" means the regulations published by Government Notice No. R. 185 of 7 February 2003, as amended by Government Notices Nos. R. 1623 of 7 November 2003, R. 741 of 29 July 2005 and R. 1044 of 2 November 2007, as corrected by Government Notice No. R. 1093 of 23 November 2007.
the original certificate of registration issued to him or her under section 11 of the Act.
Regulation 7 of the Regulations is hereby amended by the substitution for the word "summons" wherever it appears in subregulations (15)(b) and (16) of the word "subpoena".
The following regulation is hereby inserted after regulation 7 of the Regulations: Recusal of member of committee 7A.
at the request of a party to the investigation.
the committee then comprises not less than two members.
No: R. 1120 Title: Debt Collectors Act (114/1998): Regulations relating to Debt Colle Page 2 of 4 the expression "R697".
*affixed/placed a copy of the subpoena *to/in the *outer/principal door/security gate/post box of the "residence/place of employment/place of business of , since *he/she prevented the service by keeping *his/her "residence/place of employment/place of business closed.
Note: The total amount to be recovered from the debtor in respect of items 1 to 7 of the Annexure shall not exceed the capital amount of the debt or R697, 00, whichever is the lesser.
Magistrates' Courts Act, 1944 (Act No.
1944 (Act No.
Courts Act, 1944 Act No.
No additional fee shall be charged for any attendance in connection with the receipt or payment of any instalment.
These Regulations commence on 1 December 2009.
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<fn>GOV-ZA.20092010AnrEn.2012-02-10.en.txt</fn>
I have the honour to submit to you, in terms of section 7(2) of the South African Law Reform Commission Act 19 of 1973, the Commission's report on all its activities from 1 April 2009 to 31 March 2010.
To be a centre for excellence, producing ground-breaking research pivotal to the improvement and renewal of the legal system of South Africa.
The continuous reform of the law of South Africa in accordance with the principles and values of the Constitution to meet the needs of a changing society operating under the rule of law.
In the execution of its duties the SALRC strives to uphold the values of equality, integrity, inclusiveness, professionalism, impartiality, excellence, responsiveness, efficiency and respect for the dignity of others.
Telephone: (012) 392 9540 Fax: (012) 323 4406 E-mail: Reform@justice.gov.za Internet: http://salawreform.justice.gov.
South Africa has been immortalised in the history books as the first African country ever to be afforded the opportunity to act as host for one of the greatest sporting events in the World: the FIFA Soccer World Cup. Apart from proving itself as a major competitor in sport such as soccer, rugby and cricket, South Africa now also has the opportunity to prove itself as one of the great host nations for international sporting events.
However, it is not only on the sport field that South Africa has proven itself worthy. South Africa also excels in the field of law reform.
Law Reform Commission (SALRC) and legislation recommended and adopted since the nineties, demonstrates that South Africa has much to be proud of in the area of law reform. This period was especially challenging for law reformers due to the dramatic changes that South Africa's political landscape underwent during that time.
On 26 October 1994 the South African Law Commission (as the SALRC was known at the time) was awarded the Humanitas award. The Humanitas award was 'Awarded to the South African Law Commission for outstanding research into human rights and constitutional models.' The research into human rights and constitutional models was conducted as part of the process of drafting the Constitution of the Republic of South Africa Act 200 of 1993, which in turn informed the drafting of the Constitution of the Republic of South Africa Act, 1996.
The SALRC dealt with a number of investigations that flowed from the requirements of the Constitution or that dealt with human rights issues. Project 115 - Review of administrative law preceded the adoption of the Promotion of Administrative Justice Act 3 of 2000. Section 33(3) of the Constitution requires the adoption of national legislation which gives effect to the right to just administrative action.
Project 118 - Domestic partnerships. Some of the recommendations made in this investigation were incorporated in the Civil Union Act 17 of 2006, which allows persons, such as homosexual people, that were previously unable to get married under the Marriage Act 25 of 1961, to enter into a valid marriage or civil union that is recognised by law and that has the same legal consequences as a marriage concluded in terms of the Marriage Act.
Constitution (section 28 of the Constitution) for protection of the rights of children. One of the major considerations in Project 110 - Review of the Child Care Act was the meaningful expansion and support of this provision of the Bill of Rights as contained in the Constitution. The comprehensive and ground-breaking Children's Act 38 of 2005 was passed in two parts in 2005 and 2007 and will become fully operational on 1 April 2010. While the Children's Act of 2005 deals primarily with the protection of children through civil processes, the Child Justice Act 75 of 2007 deals with children in conflict with the law. The Child Justice Act of 2007, which is the result of the SALRC's recommendations made in the Report on Juvenile Justice (Project 106), brings about a major shift in the manner in which South Africa deals with juvenile offenders.
The protection of children is further enhanced by the provisions of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The Act is the result of the first and second stages of Project 107 - Sexual offences. The Act creates new categories of sexual offences, such as sexual grooming, sexual violation and sexual assault, and focuses strongly on the protection of children against crimes of a sexual nature. The third stage of this investigation, looking at adult prostitution, is currently in progress.
Section 39 of the Constitution determines that every court, tribunal or forum, when interpreting legislation and when developing the common law or customary law, must promote the spirit, purport and objects of the Bill of Rights. Project 90 - Customary law dealt with, amongst others, the harmonisation of the common law and indigenous law.
120 of 1998 and the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009.
South Africa was proactive in realising the need for an investigation into aspects of the law relating to AIDS. This extensive project, Project 85 - Aspects of the law relating to AIDS, led to the adoption of a National Policy on HIV/AIDS for learners in public schools by the Department of Education, the promulgation of subordinate legislation (Regulations on Hazardous Biological Agents promulgated in December 2001), legislation on pre-employment HIV testing incorporated into the Employment Equity Act 55 of 1998, and provisions in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 to provide for the need of victims of sexual offences for information relating to the HIV status of alleged perpetrators.
Another legal innovation heralded by an SALRC investigation was the amendment of the Criminal Procedure Act 51 of 1977 to authorise prosecutors to enter into plea and sentence agreements with accused persons in certain circumstances. Plea and sentence agreements make a significant difference to the time, costs and resources expended on criminal cases. The Criminal Procedure Second Amendment Act 62 of 2001 which achieved this change, was the result of Project 73 - The simplification of criminal procedure: Fourth interim report: Sentence agreements.
The review of security legislation (Project 105) was initiated by the Minister of Safety and Security after some ground work on terrorism had been done by the South African Police Service. The investigation was conducted in two stages.
Prohibition Act 127 of 1992, while the second stage focused on terrorism. The two stages of the investigation resulted in the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002, and the Protection of Constitutional Democracy against Terrorism and Related Activities Act 22 of 2004.
The objective of Project 113 - Use of Electronic Equipment in Court Proceedings was to determine whether the use of electronic equipment in court proceedings is a viable option to save costs or prevent delays in civil and criminal trials. The office of the National Director of Public Prosecutions requested the SALRC to expedite the investigation and to conduct a separate investigation into the possibility of postponement of cases via video conferencing. The Commission's report titled The Use of Electronic Equipment in Court Proceedings (Postponement of Criminal Cases via Audiovisual Link) recommended the use of audio-visual links for applications for leave to appeal and appeals in respect of accused persons in custody in prison. The recommendations of this report have been incorporated into the Criminal Procedure Amendment Act 65 of 2008.
It is clear that the work of the SALRC has had a major impact on the legal landscape of South Africa. The SALRC is indeed living up to its vision 'to be a centre for excellence, producing ground-breaking research pivotal to the improvement and renewal of the legal system of South Africa'.
The Full-time Commissioner resigned with effect from 15 October 2009 to take up her appointment as Public Protector of South Africa. As an interim arrangement until the Presidential appointment of a new Full-time Commissioner, the Chairperson of the SALRC, who has retired from the Constitutional Court, performs the functions of Full-time Commissioner.
Project 90 - Customary law: Traditional Courts: introduced into Parliament on 2 April 2008 as the Traditional Courts Bill [Bill 15 - 2008], re-introduced into Parliament on 7 July 2009.
Project 124 - Privacy and data protection: introduced into Parliament on 25 August 2009 as the Protection of Personal Information Bill [Bill 9 - 2009].
Project 130 - Stalking: introduced into Parliament on 8 February 2010 as the Protection from Harassment Bill [Bill 1 - 2010].
Prevention and Combating of Trafficking in Persons Bill [Bill 7 - 2010].
submitted to DOJCD in May 1998.
Project 59 - Islamic marriages: submitted to DOJCD in July 2003.
Project 63 - Review of the law of insolvency: submitted to DOJCD in February 2000.
Project 73 - Simplification of criminal procedure: Appeal by the Director of Public Prosecutions on questions of fact: submitted to DOJCD in December 2000.
Project 73 - Simplification of criminal procedure: Out of court settlements: submitted to DOJCD in August 2002.
Project 73 - Simplification of criminal procedure: A more inquisitorial approach to criminal procedure - police questioning, defence, disclosure, the role of judicial officers and judicial management of trials: submitted to DOJCD in August 2002.
Project 82 - Sentencing: A new sentencing framework: submitted to DOJCD in December 2000.
Project 88 - The recognition of class actions in South African Law: submitted to DOJCD in September 1998.
Project 90 - Customary law: Conflicts of law: submitted to DOJCD in September 1999.
Project 94 - Arbitration: Domestic arbitration: submitted to DOJCD in June 2001.
Project 94 - Arbitration: International arbitration: submitted to DOJCD in July 1998.
Project 96 - The Apportionment of Damages Act, 1956: submitted to DOJCD in July 2003.
Project 101 - The application of the Bill of Rights to criminal procedure, criminal law, the law of evidence and sentencing: submitted to DOJCD in June 2001.
Project 112 - Sharing of pension benefits: submitted to DOJCD in June 1999.
Project 114 - Publication of divorce proceedings: submitted to DOJCD in August 2002.
Project 121 - Consolidated legislation pertaining to international judicial co-operation in civil matters: submitted to DOJCD in April 2008.
Project 123 - Protected disclosures: submitted to DOJCD in November 2008.
Project 134 - Interim report on administration of Estates: submitted to DOJCD in August 2008.
Project 86 - Euthanasia and the artificial preservation of life: submitted to the Department of Health in 1999.
Project 109 - Review of the Marriage Act 25 of 1961: submitted to the Department of Home Affairs in May 2001.
The Commission approved the report on Project 82 - Sentencing: A compensation scheme for victims of crime in South Africa in April 2004. The report was submitted to the Minister for approval for publication again in November 2009.
The first of the Project 25 reports reviewing legislation for redundancy, obsoleteness and constitutionality of legislation, namely Project 25 - Statutory law revision: Redundancy, obsoleteness and constitutionality of legislation - Legislation administered by the Department of Transport was submitted to the Minister on 16 February 2010 for approval for publication.
This annual report covers the period from 1 April 2009 to 31 March 2010.
Issue Paper 27 - Electronic evidence in civil and criminal proceedings: Admissibility and related issues was published on 16 March 2010.
Discussion Paper 1/2009 - Sexual Offences: Adult Prostitution was published on 6 May 2009. All discussion papers published by the Commission are listed in Annexure B.
The Minister approved publication of the Report on privacy and data protection (Project 124) on 25 August 2009. The report was released by media statement on 27 August 2009.
The Report on consolidated legislation pertaining to international judicial co-operation in civil matters was one of the papers tabled in Parliament that was referred to the Portfolio Committee on Justice and Constitutional Development on 2 February 2010.
The South African Law Reform Commission's Thirty Sixth Annual Report for 2008-2009 was referred to the Portfolio Committee on Justice and Constitutional Development on 2 February 2010 for consideration and report.
Ajudge of the Constitutional Court, the Supreme Court of Appeal or a High Court, as Chairperson.
Section 7A of the SALRC Act provides for the establishment of committees of the Commission. There are two categories: committees appointed by the Commission and consisting of members of the Commission only (such as the Working Committee), and committees consisting of members of the Commission and persons who are not members of the Commission. The latter are appointed by the Minister. The object of the second category of committees is to utilise the expertise of persons outside the Commission and to ensure direct community involvement in the activities of the Commission.
Under the first category of committees, the Commission has established a working committee which consists of members of the Commission co-opted for meetings according to their availability (section 7A(1)(a) of the SALRC Act).
The Working Committee may be considered the executive committee of the Commission. In accordance with the Commission's directives, this Committee attends on a continuous basis to routine matters and other matters that require urgent attention. The Working Committee may exercise all the functions of the Commission excluding the approval of reports. The Committee also considers the inclusion of new investigations in the Commission's programme. Furthermore, the Committee plans and manages the activities of the Commission's Secretariat.
(Section 7A(1)(b) of the SALRC Act).
Commission's practice to appoint a project leader for an investigation on its research programme. A project leader could be a Commissioner, a member of an advisory committee appointed by the Minister (section 7A(1)(b)(ii)), or any other person who is not a Commissioner and who is not a member of an advisory committee (section 8(2)).
The Commission is assisted in its task by a full-time Secretariat consisting of officials on the establishment of the Department of Justice and Constitutional Development. The Secretariat consists of a research component and an administrative component. A Deputy Chief State Law Adviser serves as the Secretary of the Commission. Mr Michael Palumbo was appointed as Deputy Chief State Law Adviser with effect from 1 June 2008.
Law reform cannot be delivered without high quality research.
African Law Reform Commission (SALRC) are qualified legal professionals, the majority of whom have vast experience in the law reform environment. The result has been the development of scholarly research publications and the involvement of the researchers in various activities as highlighted in Chapter 5.
Four posts of Senior State Law Adviser are vacant.
One post of Senior Secretary and one post of Administrative Officer are vacant.
Mr Fanyana Mdumbe the SALRC. Specific areas of Newsletter.
Ms Ronell Bronkhorst The compilation and distribution by Ms Nerisha Singh was released on 26 February 2010. Printed copies were distributed on 16 March 2010.
Marketing of the Commission The Ismail Mahomed Law Reform Essay Competition Liaison with DOJCD on the Justice Today Newsletter awarded to the joint winners, Mr Chris McConnachie and Ms Suzanna Harvey. The 2009 Ismail Mahomed Law Reform Essay Competition was launched in September 2009, when letters calling for entries were sent to the law faculties of 15 universities. SALRC officials attended the University of Limpopo Law Week Conference on 29 September 2009 to promote the competition.
The evaluation panel met on 27 January 2010 to evaluate the essays submitted for the 2009 Competition.
Mr Fanyana Mdumbe (chairperson since October 2009) Coordination of study visits from foreign study groups, delegations and other law reform agencies. vision, mission, objectives and working methods at every induction session for new DOJCD personnel.
Mr Pierre van Wyk Commissioners, researchers, agencies.
Ms Maryna Oosthuizen administrative staff.
Ms Patricia Mashabela 23 and 24 April 2009: Zambia - child-related legislation.
Ms Nerisha Singh (involvement limited to assisting with interns) 13 to 17 July 2009: Somaliland - visit to the SALRC, the Constitutional Court, Justice College and the Centre for Human Rights at the University of Pretoria.
8 September 2009: Vietnam - historical background, mission, activities and day to day operations of the SALRC. 8 October 2009: Combined Unites States of America, New Zealand and Canadian delegation - family law issues, sexual offences and children. 30 November 2009: Nigeria - activities and working methodology of the SALRC, functioning of the library. 8 to 12 March 2010: Namibia - study visit. 10 March 2010: Uganda - issues relating to sexual minorities.
The committee continuously liaises with HR: Learning and Development regarding the possible recruitment of legally qualified interns and paralegals for the SALRC.
responsible for considering the acquisition of publications course of the period under review to consider the acquisition of new publications for the Commission.
Ms Maureen Moloi holdings of the SALRC library.
Ms Sindiswa Gule for publications and subscriptions to electronic data bases. The purposes.
(Rules Board) principal librarian at the DOJCD. met with representatives of the Rules Board and the Principal Librarian of the DOJCD to discuss the acquisition of publications by the Rules Board and measures to be adopted to integrate the publications of the Rules Board in the acquisition register of the SALRC.
Mr Linda Mngoma (chairperson) Mr Willie van Vuuren Ms Dellene Clark Ms Edith Louw Mr George Maseko The Occupational Health and Safety (OHS) Committee was established on 11 April 2007 in terms of section 19(1) of the Occupational Health and Safety Act 85 of 1993. The Committee also liaises with the landlord of the building on OHS issues and matters such as evacuation plans, power outages and problems with the lifts. The OHS Committee liaised with the Operations Manager of the Middestad Centre during the period under review to address issues such as the safety of the lifts and other general matters. An inspector from the Department of Labour and a technician from Schindler inspected the lifts at Middestad Centre on 10 July 2009. On 17 November 2009 the SALRC conducted an emergency evacuation drill. All staff members and visitors who were at the SALRC offices on this day participated in the drill. A delegation from DPW visited the SALRC offices for general inspection on 18 February 2010.
Mr Willie van Vuuren (chairperson) Ms Ananda Louw Ms Maureen Moloi Ms Ronel van Zyl Mr Tshepang Monare Mr Jacob Kabini Ms Nerisha Singh (for purposes of the operational manual) The Process and Procedure Committee was established in February 2005. This Committee is responsible for: Review and documentation of existing SALRC policies and procedures. Development of new policies and procedures on working methods and operational systems for the SALRC. Corporate identity matters such as business cards and the appearance of SALRC publications. The Committee met several times during the period under review to discuss and finalise the new appearance and layout of SALRC reports and the policy document. The Chairperson of the Commission has approved the new layout of SALRC reports. The policy document was approved by the Commission at its meeting on 13 March 2010. Work is in progress on developing an operational manual for the SALRC. The Committee has also facilitated the development of new banners and brochures for the SALRC. The new SALRC banners were delivered to the SALRC in January 2010.
Ms Dellene Clark (chairperson) Ms Anna-Marie Havenga Ms Carien Pienaar Mr Linda Mngoma Ms Nerisha Singh Mr Ajay Singh Ms Natalie Pillay The Training Committee was established in February 2005 to identify training needs and to source and coordinate training for the SALRC's personnel. The tasks of the Committee include the following: Identify training needs Source and liaise with service providers The Committee arranged for a presenter from the National Credit Regulator to address staff on debt management on 5 May 2009. Ms Pienaar and Mr Singh attended a NSDF meeting on 17 June 2009. The Committee facilitated training for the following officials: 8 to 12 June 2009: Mentorship training - the Full-time Commissioner, Mr Fanyana Mdumbe and Ms Nerisha Singh. 5 to 16 October 2009: Legislative drafting at Justice College - Ms Ronel van Zyl, Ms Carien Pienaar and Mr Linda Mngoma.
Legislative Development at the Development as per directive of the Director-General.
Forum Due to budget constraints all training initiatives have been suspended. The Justice Programme on project management and all managerial training courses have been suspended for the duration of the current financial year. Training will be pursued again in the next financial year.
Any person or body is free to submit proposals for law reform to the Commission. In each case the Commission considers the merits of a proposal. In some instances a preliminary inquiry is instituted to determine whether the inclusion of a matter in the Commission's programme is justified.
Commission may also include matters in the programme of its own accord.
Every effort is made to dispose of urgent matters with the least possible delay. However, the Commission has to follow certain procedures which sometimes take up considerable time. The availability of funds and skilled research capacity, the nature and extent of the inquiry and the need for consultation all determine the time spent on each project. Consultation, in particular, is timeconsuming, but the Commission regards it as an indispensable part of the law reform process.
Discussion papers contain essential information on the investigation and the Commission's tentative proposals for reform. In particular, a discussion paper will include a statement of the existing legal position and its deficiencies, a comparative survey and a range of possible solutions. In most cases the discussion paper will also include a draft Bill. Members of the public are informed of the availability of discussion papers by means of media releases and media conferences. In addition, copies are distributed to organisations and, sometimes, to individuals whose views on the subject under discussion the Commission particularly wishes to canvass. The responses to the provisional proposals are carefully studied before final decisions are made. The Commission also hears oral evidence in appropriate cases. Its recommendations are embodied in comprehensive reports, which are submitted to the Minister.
The many valuable comments and proposals received on the Commission's recommendations as contained in its documents, confirm that its working methods are successful. These methods ensure that the Commission's final recommendations are well-substantiated and are the product of thorough debate. The working methods also facilitate the enactment of the Commission's proposed legislation, which embodies the recommendations.
The SALRC Act requires the Commission to prepare a full report on any matter investigated by it and to submit such reports together with draft legislation, if any, to the Minister for consideration. All reports of the Commission are official, but not all are published. Annexure C lists all the investigations reported on by the Commission since its establishment.
In addition to the reports on particular investigations, the SALRC Act provides that the Commission must annually submit to the Minister a report on all its activities during the previous year.
This series has been used mainly for publications intended to make the common law more readily available and contains translated common law sources and noters-up.
Research papers published are listed in Annexure G.
Issue papers and discussion papers are supplied free of charge to interested institutions and persons who wish to comment on a particular matter. These papers are widely distributed and are also obtainable from the Commission's offices.
1996 are available on the SALRC website.
The annual report, papers in the research series and reports on investigations are available from the Commission's offices. All reports on investigations published since 1996 and the Commission's most recent annual report are available on the SALRC website.
The Commission met during the reporting period on 1 August 2009, 10 October 2009 and 13 March 2010.
The Advisory Committee for Project 100 - Family law and the law of persons met on custody and access of minor children on 22 June 2009.
The Advisory Committee for Project 100 - Family law and the law of persons: Hindu marriages met on 23 November 2009.
A number of meetings of advisory committees appointed to assist with Project 25 - Statutory law review: Redundancy, obsoleteness and constitutionality of legislation took place during the year under review.
The Advisory Committee assisting with the review of legislation administered by the Department of Defence and Military Veterans met on 17 July 2009.
Five of the eight members of the Advisory Committee additionally appointed by the Minister in July 2009 to assist with the review of legislation administered by the Department of Justice and Constitutional Development met on 25 August 2009.
The Advisory Committee assisting with the review of legislation administered by the Departments of Basic Education and Higher Education and Training met on 22 September 2009.
Three of the eight Advisory Committee members additionally appointed by the Minister in July 2009 to assist with the review of legislation administered by the Department of Justice and Constitutional Development met on 29 September 2009.
The Advisory Committee assisting with the review of legislation administered by the Department of Rural Development and Land Reform met on 18 November 2009.
It is axiomatic that the extent to which the South African Law Reform Commission (SALRC) can add value will to a large extent be influenced by the nature of the work it undertakes and its particular experience and suitability to do so. In selecting topics for law reform there is a need for independence from, but good liaison with, government. It is therefore important for the Commission to understand how its work will contribute to the government's overall strategic outcomes and priorities. There should also be explicit recognition by government of the particular contribution the SALRC can make to the overall law reform environment.
The Commission decided on 10 October 2009 not to include an investigation into conditions of service and rules governing student activities impacting on the right to academic freedom at higher education institutions in its programme.
The Commission decided on 13 March 2010 not to include an investigation into the unconstitutionality of provincial legislation governing funding of political parties in its research programme.
The Commission approved the inclusion of an investigation into multi-disciplinary legal practices in the SALRC's programme on 25 October 2008. The SALRC requested the Minister of Justice and Constitutional Development (JCD) during November 2009 to approve the inclusion of the investigation. The Minister approved the inclusion of Project 136 - Multi-disciplinary legal practices in the SALRC's programme on 23 March 2010.
The Commission approved the inclusion of an investigation into witchcraft legislation in the SALRC's programme on 1 August 2009. The SALRC requested the Minister of JCD during November 2009 to approve the inclusion of the investigation. The Minister approved the inclusion of Project 135 -Review of Witchcraft legislation in the SALRC's programme on 23 March 2010.
State of the Nation Address delivered by President Jacob Zuma on 11 February 2009, Government's current Programme of Action and the medium term strategic framework for the Department of Justice and Constitutional Development (DOJCD) for the period 2010 to 2014.
In the State of the Nation Address, the President reiterated the current administration's undertaking to work harder to build a strong developmental state. He reminded the nation of the promise to be a state that responds to the needs and aspirations of the people, and which performs better and faster.
The focus of Project 25 - Statutory law revision at present is constitutionality of legislation in view of section 9 of the Constitution, and repeal of redundant and obsolete provisions. The review will go a long way towards ensuring the constitutionality of the entire statute book. The review will, in addition, improve government's ability to deliver services by 'cleaning up' the statute book through the repeal of redundant and obsolete legislative provisions. In this manner the review will make a meaningful contribution towards making the state more efficient and responsive to the needs and aspirations of the people.
The investigation into assisted decision-making relating to adults with impaired decision-making capacity (Project 122) will greatly add to meeting the needs and aspirations of the people by providing measures to deal with the shared problems faced by persons who need assistance with decisionmaking. This will address the needs of especially older people and other adults who need support in exercising their legal capacity. The Project 100 family law and the law of persons investigations into custody of and access to minor children; review of aspects of matrimonial property law; and investigation into Hindu marriages are also aimed at assisting members of the community to exercise their rights and protect their interests and the interests of their children.
The President highlighted government's commitment to five priorities, namely education, health, rural development and land reform, creating decent work, and fighting crime. He ensured the nation that the government will further its work to reduce serious and violent crimes, and to ensure that the justice system works efficiently.
(Project 126). The Commission's investigation into sexual offences: adult prostitution (Project 107) is aimed at crime prevention and the protection of vulnerable groups.
The President stated that the government will intensify efforts to promote the interests of South Africa globally. The SALRC's investigation into privacy and data protection (Project 124) and subsequent report and proposed draft Protection of Personal Information Bill is a vital step in achieving this objective. In terms of South Africa's international trade obligations the country needs a credible personal information environment to deal with the challenges of the surge of personal information collection and protection confronting us.
The President reiterated the duty of the Public Service to respond to the call to make this term one of faster action and improved state performance. He reminded public servants that the government requires excellence and hard work. An overview of the output delivered by the SALRC (refer to Annexure C for a complete list of all the investigations included in the SALRC's programme since its establishment and the outcome of the investigations) indicates that the SALRC is rising to the challenge.
Government's Programme of Action (GPA) sets out government's planned actions to achieve identified results during a particular period. In the GPA for the period 2010 to 2014 the government identifies 10 priority areas.
Intensify the fight against crime and corruption.
Pursue African advancement and enhanced international cooperation.
Build a developmental state, improve public and strengthen democratic institutions.
As indicated previously under the discussion on the President's State of the Nation address, the review of the law of evidence (Project 126) will support the fight against crime and corruption. The proposed Protection of Personal Information Bill, which flowed from the investigation into privacy and data protection (Project 124), will enhance international cooperation. The GPA expands on enhancing international cooperation in the chapter on 'International cooperation, trade and security' and states the objective to: 'Enhance relations with the developed North, including the G8 countries (Canada, France, Germany, Italy, Japan, Russia, the United Kingdom and the United States of America) and our strategic partnership with the European Union.' One of the important recommendations made in the Report on privacy and data protection, which includes the proposed Protection of Personal Information Bill, is that the European Union adequacy requirements in terms of the Data Protection Directive 95/46/EC should be met. The Directive provides that personal data should only be allowed to flow outside the boundaries of the European Union to countries that can guarantee an 'adequate level of protection' of the data.
A number of investigations, such as the investigation into assisted decision-making relating to adults with impaired decision-making capacity (Project 122), the investigation into custody of and access to minor children; review of aspects of matrimonial property law; and the investigation into Hindu marriages (Project 100) are important to support the building of a developmental state and the improvement of public institutions.
The Minister of JCD convened a Strategic Review Conference on 22 November 2009 to define the new vision and priorities of the Department of Justice and Constitutional Development for the future. The Conference developed a number of strategies that will inform DOJCD's priority areas. These are set out in DOJCD's Medium Term Strategic Framework for the period 2010 to 2014.
Implement the 7 Point Plan of the Criminal Justice System Review.
Review the Civil Justice System.
Improve delivery of the Master of High Court services.
The review of the law of evidence (Project 126) will support both the priority areas of the criminal justice system review, as well as the review of the civil justice system. The investigation into the administration of estates (Project 134) will play a major role in improving the delivery of services by the Master of the High Court.
Promoted constitutional development to ensure effective citizenship and community empowerment.
Developed and implemented justice policies and legislation.
Protected and promoted the rights of vulnerable groups (children, women, the aged, and the disabled).
Administered deceased and insolvent estates, the Guardian's Fund, trusts and curatorship.
Supported NPA in its provision of prosecution against charged offenders.
The review of the entire South African statute book for constitutionality in view of section 9 of the Constitution (part of Project 25) will make a major contribution towards the promotion of constitutional development. The right to equality is one of the founding principles of the Bill of Rights as enshrined in the Constitution.
A number of Bills currently before Parliament that have been introduced by the Minister of JCD resulted from SALRC investigations and reports. The Protection of Personal Information Bill [Bill 9 - 2009], that resulted from Project 124 - Privacy and data protection, was introduced into Parliament on 25 August 2009. The Protection from Harassment Bill [Bill 1 - 2010], that resulted from Project 130 - Stalking, was introduced into Parliament on 8 February 2010. The Prevention and Combating of Trafficking in Persons Bill [Bill 7 - 2010], that resulted from Project 131 - Trafficking in persons, was introduced into Parliament on 15 March 2010. DOJCD has indicated that it is ready to introduce the Protected Disclosures Amendment Bill, which emanates from Project 123 - Protected Disclosures. This illustrates that the SALRC is instrumental in the development of justice legislation.
The investigation into assisted decision-making relating to adults with impaired decision-making capacity (Project 122) will have a significant impact on the protection and promotion of the rights of vulnerable groups such as the aged and the disabled. The investigation into custody of and access to minor children (Project 100) is equally important for the protection and promotion of the rights of children.
As indicated above, the investigation into the administration of estates (Project 134) will be pivotal in achieving an improvement in service delivery by the office of the Master of the High Court. The review of the law of evidence (Project 126) will support the NPA in its provision of prosecution against charged offenders.
In 2004, the Commission embarked upon a major investigation aimed at revising the complete statute book with a view to removing or adapting legislative provisions considered to be unconstitutional, redundant or obsolete. An audit of all national legislation (excluding provincial and secondary legislation) by the Commission revealed that there are close to 3 000 statutes on the statute book, comprising Principal Acts, Amendment Acts, Supplementary or Additional Acts and Private Acts.
Many of these Acts are not being applied anymore, while others contain provisions that are in conflict with the Constitution. Redundant and obsolete provisions on the statute book are being identified and government departments are being consulted in order to verify these provisions.
Numerous meetings were held to develop a methodology for conducting the investigation into the constitutionality and redundancy of existing legislation. The constitutional validity aspect of this investigation focuses on statutes or provisions in statutes that are clearly inconsistent with the right to equality entrenched in section 9 of the Constitution.
unfairly discriminate on grounds which impair or have the potential to impair a person's fundamental human dignity as a human being.
Consequently, a law or a provision in a law which appears, on the face of it, to be neutral and nondiscriminatory, but which has or could have discriminatory effect or consequences, will be left to the judicial process.
In January 2010 a progress report on the investigation was forwarded to DOJCD for submission to the Minister of Justice and Constitutional Development (the Minister) with a view to informing Cabinet about the progress made in the investigation. The progress report was placed on the agenda for the Cabinet meeting on Governance and Administration held on 16 February 2010.
The Commission considered the status of Project 25 on 23 June 2007. The Commission noted that internal research capacity to conduct statutory law review was limited due to the fact that the majority of researchers are attending to other projects on the Commission's programme. The Commission approved in principle the appointment of advisory committee members by the Minister to increase the Commission's research capacity in respect of fourteen national state departments that administer a high number of statutes. The departments at the time were the Departments of Agriculture; Communications; Defence; Education; Environmental Affairs and Tourism; Health; Home Affairs; Justice and Constitutional Development; Labour; Land Affairs; Minerals and Energy; National Treasury; Provincial and Local Government; and Trade and Industry.
The SALRC submitted a memorandum to DOJCD in September 2007 proposing the appointment of advisory committees by the Minister. The Minister appointed 112 advisory committee members on 31 July 2008.
Project 25 - Statutory law revision are now assisting with the review of legislation administered by the Departments of Agriculture, Forestry and Fisheries; Basic Education; Communications; Cooperative Governance and Traditional Affairs; Defence and Military Veterans; Energy; Environmental Affairs; Health; Higher Education and Training; Home Affairs; Justice and Constitutional Development; Labour; Mineral Resources; National Treasury; Rural Development and Land Reform; Tourism; Trade and Industry; and Water Affairs.
The statutes of the remaining Departments that administer a smaller number of statutes are being or will be reviewed by SALRC researchers, namely Arts and Culture; Correctional Services; Human Settlements; International Relations and Cooperation; Police; Public Enterprises; Public Service and Administration; Public Works; Science and Technology; Social Development; Sport and Recreation; State Security; Transport; and Women, Youth, Children and People with Disabilities. The review of the legislation administered by the Department of Transport has been finalised.
Fisheries (DAFF) or unconstitutional in order to develop a consultation paper with repeal and amendment proposals.
Ms Ronel van Zyl the SALRC will develop the consultation paper in-house, using the research submitted by advisory committee members. The target date for submitting the draft discussion paper to the Commission for consideration and approval is December 2010.
Arts and Culture (DAC) The review of the statutes administered by DAC has commenced to determine which provisions are redundant, obsolete or unconstitutional.
Ms Lowesa Stuurman since the researcher, who resigned in January 2008, developed the first draft consultation paper on the matter. The draft consultation paper therefore needs to be augmented with additional research. The matter was assigned to Ms Lowesa Stuurman on 31 March 2010. Subject to her involvement in other projects, the provisional target date for submitting the consultation paper to DAC for comment is 30 September 2010. It is envisaged that a draft discussion paper will be submitted to the Commission by 31 March 2011 for approval of publication for general information and comment.
Basic Education (DBE) The committee member initially assigned to compile the draft consultation paper in respect of legislation administered by DBE was unable to do so due to lack of time.
Mr Linda Mngoma committee meeting held on 29 September 2009 the committee agreed to nominate another advisory committee member to compile the draft consultation paper. The committee also took note of the resignation of two committee members. The target date for the finalisation of the draft consultation paper for consideration by the project leader is 30 April 2010.
Ms Maureen Moloi is receiving attention, and it is envisaged that it will be submitted to DOC for comment by 31 May 2010. It is envisaged that a draft discussion paper will be submitted to the Commission by 30 September 2010 for approval of publication for general information and comment.
Cooperative Governance and Traditional Affairs (DCGTA) Mr Linda Mngoma The consultation paper in respect of legislation administered by DCGTA was forwarded to DCGTA for comment on 28 July 2009. Comments from DCGTA were received on 22 October 2009. On 21 January 2010 a draft discussion paper was forwarded to the new project leader for consideration. However, in February 2010 it transpired that the review of the Black Laws Amendment Acts was not included in the approved consultation paper. The researcher was requested to prepare a supplementary consultation paper and to forward same to the Road Accident Fund, DHA and DCGTA for further comment. The target date for completion of the supplementary consultation paper is 31 May 2010.
Defence and Military Veterans (DDMV) Ms Maureen Moloi The analysis of the statutes administered by DDMV to determine which are redundant, obsolete or unconstitutional in order to develop a consultation paper with repeal and amendment proposals was finalised during the period under review. The consultation paper was submitted to DDMV for consideration and comment on 26 March 2010. The researcher briefed DDMV on the consultation paper at a workshop arranged by DDMV on 30 March 2010. The return date for comment from DDMV is 31 May 2010. It is envisaged that a draft discussion paper will be submitted to the Commission by 31 August 2010 for approval of publication for general information and comment.
Mr Pierre van Wyk was finalised during the period under review. The consultation paper was submitted to DOE for comment on 2 October 2009. Comment from DOE was received in February 2010. Incorporation of the comment from DOE commenced in February 2010. The target date for the submission of a draft discussion paper to the Commission for consideration and approval is 31 May 2010.
Ms Ronel van Zyl is receiving attention. The researcher has to augment the draft consultation paper with additional research. The target date for submitting the draft consultation paper to the project leader for consideration and comment is 30 April 2010.
Higher Education and Training (DHET) Mr Linda Mngoma The committee member initially assigned to compile the draft consultation paper in respect of legislation administered by DHET was unable to do so due to lack of time. At the second advisory committee meeting held on 29 September 2009 the committee agreed to nominate another advisory committee member to compile the draft consultation paper. The committee also took note of the resignation of two committee members. The target date for the finalisation of the draft consultation paper for consideration by the project leader is 30 April 2010.
Ms Maureen Moloi receiving attention. The target date for submitting the consultation paper to DHA for comment is 30 June 2010. It is envisaged that a draft discussion paper will be submitted to the Commission by 30 September 2010 for approval of publication for general information and comment.
Mr Linda Mngoma of the draft report. The target date for submitting a draft report containing repeal and amendment proposals to the Commission for consideration and approval is June 2010.
Cooperation (DIRCO) obsolete or unconstitutional in order to develop a consultation paper with repeal and amendment proposals.
Ms Nerisha Singh transferred in April 2008, started working on the draft consultation paper. The draft consultation paper will therefore have to be augmented with additional research. The review was assigned to Ms Nerisha Singh on 28 January 2010. It is envisaged that a draft discussion paper will be submitted to the Commission by 31 March 2011 for approval of publication for general information and comment.
Development (DOJCD) obsolete or unconstitutional. The Minister appointed eight additional advisory committee members on 28 July 2009 to further assist with the review of DOJCD legislation.
Mr Willie van Vuuren to familiarise the new members with the project. It was decided to develop separate discussion papers dealing with DOJCD legislation. Discussion Paper One will deal with legislation pertaining to legal professions, courts and institutions, civil procedure and evidence, substantive criminal law, substantive civil law, wills, estates and insolvency and constitutional and political legislation. It is envisaged that Discussion Paper Two will deal with family law and marriage, Discussion Paper Three with legislation pertaining to criminal procedure, and Discussion Paper Four with the Transkei Penal Code. The project leaders and researchers met on 5 February 2010 to discuss the way forward with the review of the Transkei Penal Code. It is envisaged that draft discussion papers will be submitted to the Commission by 31 March 2011 for approval of publication for general information and comment.
Labour (DOL) The consultation paper in respect of legislation administered by DOL was approved by the project leader and forwarded to DOL for comment on 3 August 2009.
Mr Linda Mngoma 6 October 2009. On 15 March 2010 a draft discussion paper incorporating comments received from DOL was forwarded to advisory committee members for comment. The target date for submitting a draft discussion paper to the Commission for consideration and approval is June 2010.
Mr Pierre van Wyk was finalised during the period under review. The consultation paper was submitted to DMR for consideration and comment on 12 January 2010. The return date for comment from DMR was initially 19 March 2010. On 26 March 2010 the researcher participated in a roundtable discussion with DMR functionaries to discuss and clarify the preliminary findings and proposals contained in the consultation paper. During the discussions DMR requested extension of the return date for comment until 31 May 2010. Comment on ancillary mineral resources legislation administered by other national government departments was received on 18 February 2010 from the Deeds Office and on 10 March 2010 from the Department of Agriculture, Forestry and Fisheries. It is envisaged that a draft discussion paper will be submitted to the Commission by 31 August 2010 for approval of publication for general information and comment.
Mr Fanyana Mdumbe legislation other than tax legislation on 31 July 2009, 6 October 2009 and 15 January 2010. The target date for finalising the draft discussion paper is 30 June 2010. Tax legislation: The consultation paper was considered by the advisory committee on 6 November 2009. It is envisaged that the draft discussion paper will be submitted to the Commission by 31 March 2011 for approval of publication for general information and comment.
Public Works (DPW) A draft discussion paper was submitted to DPW for comment in June 2009.
Mr Linda Mngoma further research on certain identified statutes and will submit a revised draft discussion paper to DPW for comment by 28 February 2010. The target date for submitting the draft discussion paper to the Commission for consideration and comment is 30 June 2010.
Reform (DRDLR) consultation paper in respect of legislation administered by DRDLR for approval.
Mr Linda Mngoma comment. The target date for comments from DRDLR is 31 March 2010.
Mr Tshepang Monare receiving attention. The target date for submitting a draft consultation paper to the project leader in respect of legislation administered by DT is 30 April 2010.
Trade and Industry (DTI) Drafting of a consultation paper analysing the 225 statutes administered by DTI to determine which provisions are redundant, obsolete or unconstitutional is receiving attention.
Mr Tshepang Monare of the draft consultation paper submitted the paper to the researcher in February 2010. The target date for submitting the draft consultation paper to DTI for comment is 31 May 2010. It is envisaged that the draft discussion paper will be submitted to the Commission by 31 March 2011 for approval of publication for general information and comment.
Transport (DOT) Mr Fanyana Mdumbe On 9 April 2009 Transnet Freight Rail Services submitted comments on Discussion Paper 114. On 11 June 2009 DOT submitted comments received from the Office of the Chief State Law Adviser (OCSLA) on the proposed Bill to the SALRC. On 4 August 2009 the researcher submitted a detailed response to the remarks of the OCSLA on the proposed Bill to DOT. On 18 August 2009 a draft report was submitted to the project leader for approval. The draft report was considered and approved by the Commission on 10 October 2009 for submission to the Minister of JCD. The report was submitted to the Minister of JCD on 16 February 2010 for consideration, referral to DOT and to obtain the Minister's approval to publish the report.
Water and Environmental Affairs (DWEA) Mr Tshepang Monare The analysis of the statutes administered by DWEA to determine which are redundant, obsolete or unconstitutional in order to develop a consultation paper with repeal and amendment proposals is receiving attention. The target date for submitting a draft consultation paper in respect of legislation administered by the former Department of Environmental Affairs (DEAT) to the project leader for consideration is 30 April 2010.
The ad hoc Joint Committee on the Open Democracy Bill, 1998 (which resulted in the Promotion of Access to Information Act, 1998) in its resolutions on the Bill adopted on 24 January 2000, amongst others, requested the Minister to consider the amendment of the Interpretation Act 33 of 1957 to bring it in line with the principles of constitutional democracy and practices of interpretation used by Parliament and the courts since 1994. The Commission decided on 17 November 2000 that the review of the Interpretation Act should form part of its existing Project 25 - Statute law: The establishment of a permanently simplified, coherent and generally accessible statute book. This was subsequently approved by the Minister.
The Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) agreed to provide funding for the remuneration of an expert legal drafter to assist with the investigation. An agreement between the consultant and the GTZ was concluded in November 2002. The Commission approved the publication of a discussion paper on the review of the Interpretation Act on 9 September 2006. A media statement announcing the availability of Discussion Paper 112 was released on 6 October 2006. The discussion paper is discussed in the 2006/2007 Annual Report.
Paper 112 was determined as 30 April 2007. Comment on the discussion paper was received as late as September 2007. Evaluation of the comments and the development of a draft report commenced during 2007 and continued during the period under review. It is envisaged that a report will be finalised by March 2011. Due to the researcher's involvement in other aspects of Project 25, he was unable to finalise the draft report during the period under review.
Information regarding Issue Paper 8 - Arbitration: Alternative dispute resolution published in May 1997 appears in the 1998 Annual Report. Discussion Paper 83 - Arbitration: Domestic arbitration and Discussion Paper 87 - Arbitration: Community dispute resolution structures was submitted to the Minister of JCD at a media conference on 8 September 1999. The closing date for comment was extended to 30 November 1999. Information regarding Discussion Papers 83 and 87 appears in the 1999 Annual Report. The Commission has considered the draft report on several occasions and referred it for amendment. It is envisaged that the amended draft report will be considered by the Commission by the end of June 2010.
The advisory committee decided that a discussion paper on family mediation would be completed subject to the finalisation of the investigation into community dispute resolution structures. At the moment the researcher is giving priority to the investigation into Hindu marriages and Project 25 investigations.
The Commission approved on 23 June 2007 that the name of Project 128 - Review of aspects of the law of divorce, be changed to 'Custody of and access to minor children' in accordance with its focus and that, because of possible mutual elements in Project 128 and Project 129 - Review of matrimonial property law, both investigations should be dealt with as subprojects under the Commission's existing broad investigation into family law and the law of persons (Project 100). The Commission also approved that the Minister be approached to appoint a joint advisory committee for the two sub-projects.
The Minister on 20 May 2008 approved the inclusion of the former Project 128 - Review of aspects of the law of divorce and the former Project 129 - Review of aspects of matrimonial property law as subprojects under Project 100 - Family law and the law of persons. The Minister also appointed a single advisory committee for the two investigations.
The Commission approved on 9 September 2006 the inclusion of an investigation into the recognition of Hindu Marriages in the programme. This investigation is conducted as part of Project 100 - Family law and the law of persons.
Family Advocate in Bloemfontein. Data received from focus group forums, questionnaires and consultations held during 2008 were analysed and collated by the researcher for discussion by the advisory committee meeting. The committee considered a draft discussion paper on 9 March 2009.
The researcher allocated to this project left the SALRC at the end of April 2009 and the project was assigned to another researcher from 1 May 2009. The newly assigned researcher met with the advisory committee on 22 June 2009 to discuss the way forward. It was decided that the existing draft discussion paper would be published as an issue paper after it has been remodelled according to a framework approved at the meeting.
In addition to the investigation into those aspects of family mediation that were covered in the original document, the issue paper will also focus on the broader developments in family law in South Africa impacting on care and contact matters. The investigation will include family mediation in the informal sector and the viability of family courts. The object of the investigation is to develop a new integrated structure for the implementation of family law in South Africa with specific reference to care and contact issues.
The Matrimonial Property Act was passed in 1984 in order to deal with shortcomings in the matrimonial property law at the time. The Act has been in place for more than 25 years. Apart from problems which have in particular been brought to the SALRC's attention, a number of social and legal changes since 1984 (including the adoption of the 1996 Constitution and the recognition of customary marriages and civil unions) suggest that a review of the law is necessary to ensure that it meets current needs. The purpose of the investigation is to review the current law for greater legislative fairness and justice in governing interpersonal relationships between spouses.
The Minister on 20 May 2008 approved a request by the Commission to include the review of matrimonial property law and its investigation into custody of and access to minor children as subprojects under its existing broad investigation into family law and the law of persons (Project 100). This was done in view of possible mutual elements - such as a possible need to reform current divorce procedures - between these two subprojects. The Minister also appointed a single advisory committee to assist with the two investigations. The advisory committee met on 29 August 2008 to identify possible issues for reform for inclusion in the issue paper.
The question whether sharing of pension benefits on divorce should be included in the investigation in view of the envisaged pending implementation of draft legislation dealing with this issue was resolved through consultation with DOJCD in January 2009.
(which emanated from a 1999 report of the Commission) in the near future, problems pertaining to the sharing of pension benefits on divorce would also be addressed in the review of matrimonial property law.
Preliminary research to develop an issue paper proceeds while the researcher allocated to the investigation is still involved in Project 122.
The Commission approved on 9 September 2006 the inclusion of an investigation into the recognition of Hindu marriages in the programme. This investigation is conducted as part of Project 100 - Family law and the law of persons. South African law does not recognise marriages by Hindu rites; therefore all the legal consequences of marriage do not apply to such marriages entered into in South Africa. Couples in a Hindu marriage for example need not use the court if they want to get divorced. Spouses can also not claim any of the legal consequences of divorce, such as maintenance, after the relationship has ended. The aim of this investigation is to look into the recognition of Hindu marriages in order to afford these marriages full legal recognition and the same status as marriages concluded in accordance with civil rites.
On 7 September 2009 the Minister of JCD approved the appointment of four advisory committee members to assist the researcher to fast-track the investigation. The advisory committee met on 23 November 2009 to decide on the way forward on this investigation. At this meeting the advisory committee identified a need for an additional committee member to enhance the capacity of the committee. The Minister appointed Advocate Devina Nadarajan Perumal as an advisory committee member on 12 January 2010. It is envisaged that a draft discussion paper will be presented to the Commission in August 2010.
This investigation forms part of the larger project on sexual offences. Issue Paper 19 - Sexual offences: Adult prostitution was published for general information and comment in August 2002. This leg of the investigation was left in abeyance for a while as priority was given to the completion of the investigations into protected disclosures (Project 123), stalking (Project 130) and trafficking in persons (Project 131). Research on law reform in respect of adult prostitution commenced in earnest again in 2008 and the Commission approved a discussion paper on this investigation on 28 March 2009. Discussion Paper 1/2009 - Sexual Offences: Adult Prostitution was published on 6 May 2009 for comment. Several workshops facilitated by the SALRC were held throughout the country during May, June and July 2009. A number of focus group meetings were also held at the invitation of various sector specific organisations.
The legal response to prostitution differs from society to society and over the course of time. Internationally, the topic of prostitution remains an emotive one and opinions on the legal response to prostitution are generally strongly polarised. Within the current totally criminalised setting, this is no different in South Africa. The researchers assigned to this project received in excess of 2600 email submissions in addition to many handwritten and faxed submissions and are currently processing these submissions for inclusion in the final report.
is planning stakeholder-specific meetings on a consultation paper, which will precede the report.
Director of Public Prosecutions to expedite the investigation and to conduct a separate investigation into the possibility of postponement of cases via video conferencing.
The Commission's report titled The Use of Electronic Equipment in Court Proceedings (Postponement of Criminal Cases via Audiovisual Link) was finalised in July 2003. In its final report the Commission recommended the use of audio-visual links for applications for leave to appeal and appeals in respect of accused persons in custody in prison. The recommendations of this report have been incorporated in the Criminal Procedure Amendment Act 65 of 2008, which was passed by Parliament on 22 October 2008.
Advancements in technology with the concomitant rapid growth of electronic / computer crimes have brought about a plethora of new forms of evidence. In the broader context it has been recognised that any further investigation of the impact of technological developments on the law should extend beyond 'equipment' and focus holistically on procedures for collecting, storing and presenting electronic evidence in court.
The advisory committee recommended to the Commission that the remainder of the issues relating to evidence in Project 113 be included as a subproject under Project 126, the comprehensive review of the law of evidence. At its meeting held on 1 August 2009, the Commission approved that the outstanding issues under Project 113 be included as a subproject under Project 126, the comprehensive project on the review of the law of evidence, and that Project 113 be deemed finalised and closed.
In proceeding under Project 126 an important consideration would be whether many of the technology-related evidentiary questions can be resolved under the existing rules of evidence. This would require an overarching investigation into aspects of criminal and civil law with subprojects focusing on rules of evidence and procedure to address concerns about the challenges presented by technological developments with regard to legal proceedings.
The SALRC, as far back as 1988, undertook an investigation with a view to improving the plight of mentally incapacitated persons who cannot afford the costs involved in securing a High Court appointed curator. The Commission's recommendations led to the adoption of the Mentally Ill Persons' Legal Interests Amendment Act 109 of 1990, which amended the Mental Health Act 18 of 1973.
(which entails insignificant costs) for the appointment of a curator to a person who is not declared to be mentally ill, but whom the applicant believes to be suffering from mental illness to such an extent that the person is incapable of managing his or her own affairs.
Although the present investigation revives the Commission's previous investigation, it covers a broader spectrum. Additional measures to protect the interests of persons who need support in exercising their legal capacity were also researched. An issue paper on this project was published at the end of 2001. A discussion paper was published for general information and comment in January 2004 and is discussed in the 2003/2004 Annual Report.
An extensive draft Bill comprising about 150 clauses was developed after broad consultation. Consultation with the DOJCD policy unit and with the Chief Master of the High Court on policy issues took place during 2007. Flow charts of processes reflected in the draft Bill were prepared at the request of the Chief Master during 2008 to enable long-term planning for the envisaged implementation of the proposed legislation. Policy input on the draft Bill was received from DOJCD on 27 January 2009.
The compilation of a draft report for submission to the Commission was partly suspended between June and December 2007, and September 2008 and March 2009, due to the researcher's involvement in work pertaining to the improvement of the SALRC's processes (see Chapter 1 of the 2007/2008 Annual Report).
into account. The CRPD was ratified unreservedly by the South African Government.
Subsequent consultation with representatives of the Human Rights Commission and government stakeholders (including the Departments of Health; Social Development; International Relations and Cooperation; and the Ministry of Women, Children and Persons with Disabilities) between October and December 2009 confirmed national and international uncertainty about the interpretation of the provisions of the CRPD dealing with legal capacity that impact on the SALRC's draft proposals.
There is also reluctance on the part of government stakeholders to comment on the final draft text of the proposed Bill unless it complies with the CRPD.
The matter is complicated by the fact that the South African government has not yet taken concrete steps to implement the CRPD in South Africa by way of general legislation. A South African interpretation of the relevant provisions of the CRPD is therefore not available. On the advice of the Department of International Relations and Cooperation, and to take the matter forward, the SALRC in January 2009 embarked on further research to establish a draft interpretation of those articles of the CRPD which are relevant to the SALRC's draft proposals. The interpretation will serve as a basis for amendments to the text of the proposed draft Bill with a view to ensure its compliance with the CRPD. The interpretation and the amended text of the draft Bill will be submitted for consultation to government and other stakeholders before work on the draft report is resumed. A status report on progress with the investigation was submitted to the SALRC at its meeting on 13 March 2010. The first draft of an interpretation of the relevant provisions of the CRPD was submitted to the project leader on 31 March 2010.
No comprehensive review of the provisions providing for different prescription periods - whether of a contractual or delictual nature - has ever been undertaken by the Commission. When reporting on the Bill which subsequently became the Legal Proceedings against certain Organs of State Act 40 of 2002, the Portfolio Committee on Justice and Constitutional Development recommended that the Minister be approached to request the Commission to conduct an investigation into the harmonisation of the provisions of existing laws providing for different prescription periods. An investigation into the review of prescription periods was subsequently included in the SALRC's programme.
Issue Paper 23 - Prescription periods was published for general information and comment in August 2003 and is discussed in the 2003/2004 Annual Report. The researcher involved in the preparation of the draft discussion paper was transferred to another department, and the project was assigned to a newly appointed researcher in June 2008. The researcher submitted the first draft of the discussion paper to the project leader in July 2009. After incorporating comments from the project leader and doing additional research to address concerns raised by the project leader, the researcher submitted additional drafts of the discussion paper to the project leader in October 2009 and February 2010.
For the purpose of involving the public at an early stage of the investigation, the researcher presented a paper titled 'Prior notice to sue - a test on equality' at a Southern African Law Teachers Conference, which was held at the University of Kwazulu-Natal from 12 to 15 July 2009.
In 2001 the Commission's advisory committee dealing with the simplification of criminal procedure made a proposal for a review of the law of evidence with a view to simplifying this area of the law and aligning it with technological developments. The Commission endorsed the decision of the advisory committee and recommended the inclusion of the project in its programme. The Minister approved the inclusion of an investigation to review the law of evidence in the SALRC's programme in December 2001. An advisory committee for the investigation was approved on 26 November 2003. The Commission resolved that the advisory committee on the review of the law of evidence should also direct the investigation into the use of electronic equipment in court proceedings.
The last decade has seen a rapid development in technology and with it unforeseen forms of evidence and attendant difficulties in determining admissibility. In addition thereto, the new constitutional dispensation has impacted on the law of evidence in a number of ways. The right of access to information, the entrenchment of the right to a fair trial and the exclusion of evidence obtained in an unconstitutional manner have all had an impact on the law of evidence and gave rise to a large body of new case law. In addition, the right to equality requires a re-examination of evidence in so far as it departs from the requirements of formal equality. The right to equality also necessitates a reconsideration of the rules of evidence in so far as the rules relate to effective equal access to justice.
The publication of Issue Paper 26 - Review of the law of evidence was announced at a media conference on 7 March 2008. The closing date for comments was 30 June 2008, but was extended at the request of a number of role players and because of limited response to the paper. The issue paper was redistributed in January 2009 under cover of a letter summarising the contents and requesting comment by the end of March 2009.
The SALRC also received a request to include a proposal from the South African Professional Society on the Abuse of Children (SAPSAC) dealing with a code of ethics and an appropriate oath for expert witnesses. The proposal was submitted to all professional bodies for comment. The advisory committee considered the proposal on 16 May 2009 and recommended that it should not be included in the scope of the investigation into the review of the law of evidence, but be referred for consideration by the Rules Board for Courts of Law. The Commission endorsed this decision at its meeting in August 2009.
The project leader reconsidered the advisory committee's decision to proceed with discussion papers dealing with different aspects of evidence separate from its sub-investigation into the admissibility of electronic evidence in civil and criminal matters. She recommended that further papers on the review of the law of evidence be put on hold until Issue Paper 27 on electronic evidence has been finalised and the consultation phase in respect of both the issue paper and the proposed discussion paper has been concluded.
Discussion Paper 113 - Review of the law of evidence: Hearsay evidence and relevance was released at a media conference on 7 March 2008. The closing date for comments was 30 June 2008, but was extended at the request of a number of role players and because of limited response to the paper. The discussion paper was redistributed in January 2009 under cover of a letter summarising the contents and requesting comment by the end of March 2009. The advisory committee resolved not to embark on a public consultation phase and to finalise its report on hearsay and relevance based on the comments received from role players.
After research in this investigation had been completed, it transpired that the admissibility of electronic evidence, the provisions of the Electronic Communications and Transactions Act of 2002 (ECT Act) and the provisions of the Law of Evidence Amendment Act of 1988 dealing with hearsay evidence cannot be considered in isolation. A report on hearsay evidence cannot be finalised without considering the provisions of the ECT Act and the admissibility of electronic evidence in general.
In view of the challenges posed by technological developments, an overarching investigation reviewing aspects of criminal and civil law is a long-term goal. In adopting an incremental approach to the subproject on electronic evidence and related matters, the SALRC has in the first instance decided to publish an issue paper exploring issues relating to the admissibility of electronic evidence in criminal and civil proceedings. Issue Paper 27 - Electronic evidence in civil and criminal proceedings: Admissibility and related issues was released for general information and public comment by way of a media statement issued on 16 March 2010. The closing date for comment and input is 30 June 2010.
In the case of criminal proceedings, Issue Paper 27 is particularly concerned with the relationship between chapter three of the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) and the rule against hearsay. The purpose of the Issue Paper is twofold: Firstly, to facilitate a focused debate on issues concerning the admissibility of electronic evidence in criminal and civil proceedings; and secondly, to allow stakeholders and practitioners in two sectors (criminal and civil) affected by the applicability and scope of the evidential provisions of the ECT Act to consider the issues raised and be provided with an opportunity to bring other relevant matters to the Commission's attention.
Comment and submissions received on Issue Paper 27, together with further in-depth research, will form the basis of a discussion paper where the issues identified for review and reform will be discussed in detail and preliminary recommendations for reform considered. It is envisaged that a draft discussion paper will be submitted to the Commission by 31 March 2011 to consider its publication for general information and comment.
The Minister of JCD requested the SALRC to investigate administration orders by following an incremental approach to distinguish between reforms that could be effected in the short to medium term and reforms that could be effected in the medium to long term.
Administration orders should lapse after a specified number of years and all outstanding debts subject to the administration order should be discharged. This is subject to a court order on good cause shown made on the basis of an application by a creditor before the lapsing of the order that the debtor should not obtain a discharge for some or all of the outstanding debts.
This is a matter where further consultation is advisable. The consultation can commence with stakeholder meetings and workshops with debtors under administration.
Amendments to the Magistrates' Courts Act 32 of 1944 are being drafted to address some of the problems identified.
A discussion paper dealing with measures to improve the administration process and to reduce the work of the supervising authority and executors was approved for publication by the Commission in September 2005 and is discussed in the 2005/2006 Annual Report.
Draft legislation recommended in an interim report dealing with the administration of small estates and streamlined procedures for other estates was submitted to the Minister on 19 August 2008. The draft legislation has not been promoted yet.
The Integrated Case Management System (Masters) has been enhanced to move closer to the use of electronic documents in the offices of the Master of the High Court. It is envisaged that a discussion paper dealing with e-filing, internet access to documents, electronic reports, and electronic management of processes will be submitted to the Commission early in 2011.
The Commission received two submissions from the South Africa Pagan Council and the Traditional Healers' Organisation respectively, requesting that the Witchcraft Suppression Act 3 of 1957 and the proposed Mpumalanga Witchcraft Suppression Bill 2007 be investigated to determine their constitutionality.
A meeting was held with stakeholders on 4 September 2008 to explain the process to be followed in determining whether this investigation should be included in the SALRC's programme, as well as to clarify the substantive issues raised in the submissions. A document was prepared for consideration by the Commission. It provided background information on the concept of witches and witchcraft in South Africa; set out the current legal framework; described existing attempts at and suggestions for law reform in this area and measured the relevant facts against the Commission's criteria for the inclusion of an investigation.
On 1 August 2009 the Commission approved the inclusion of the investigation in the SALRC's programme. On 23 March 2010 the Minister approved a review of witchcraft legislation for inclusion in the SALRC's programme.
The request for the inclusion of this investigation emanates from the SALRC's media conference of 7 March 2008. The Cape Law Society submitted a proposal to the SALRC on the possible recognition of multi-disciplinary practices for attorneys and the parameters that would need to be set should multi-disciplinary practices be recognised.
The SALRC sent a memorandum to DOJCD on 6 June 2008 seeking guidance from the Director-General on the inclusion of the investigation in the SALRC's programme, as it seems to fall within the purview of the Legal Practice Bill currently being developed by DOJCD. The DG agreed with the DOJCD recommendation that the SALRC should investigate the issue of multi-disciplinary practices for attorneys.
The Commission approved the inclusion of the investigation in the programme of the SALRC on 25 October 2008. On 23 March 2010 the Minister approved an investigation into multi-disciplinary legal practices for inclusion in the SALRC's programme.
The Deputy Director of Public Prosecutions in Grahamstown requested the inclusion of an investigation with regard to the culpable and unlawful killing of an unborn baby by a third party in the SALRC's programme. A proposal paper dealing with the South African legal position (referring to the Constitution, the 'born alive' rule in the common law, delict and succession, procedural law, murder, attempted murder, abortion and sentencing), the international legal position, relevant international instruments, regional treaties, foreign jurisdictions, the phenomenon of violence against pregnant women and local cases to recommend the inclusion of the investigation served before the Commission on 25 October 2008.
After consideration of a supplementary proposal paper on 10 October 2009, the Commission approved the inclusion of the project, but under an amended title, namely 'Violence against pregnant women'. A memorandum to request the Minister of JCD to approve the inclusion of the project in the Commission's programme was submitted on 15 January 2010.
A former lecturer at the University of Fort Hare requested this investigation. He had learned about the statutory law revision project on SABC radio news and enquired from the SALRC whether the scope of Project 25 could be extended to cover subordinate legislation. His request relates to conditions of service and rules governing student activities in public higher education institutions that impact on the right to academic freedom.
The purpose of the request is to test the constitutionality of these measures as there are growing indications that there are problems with a number of these subsidiary rules. The question is asked whether academic freedom and institutional autonomy, the core values underpinning the higher education system and enshrined in the South African Constitution and the National Higher Education Policy are being eroded by, amongst others, government policy and institutional management.
The Commission considered the request that the SALRC include the investigation in its research programme on 10 October 2010.
The Council for Higher Education (CHE) is currently dealing with the subject matter of the issues covered by the request. The CHE also is the most appropriate institution with the resources and capacity to conduct a comprehensive investigation into the subject matter.
The authority to test the constitutionality of any law or conduct vests with the courts and not with another government institution.
In June and again in August 2009 the Centre for Constitutional Rights of the FW de Klerk Foundation (the Foundation) submitted a law reform proposal to the SALRC requesting the SALRC to consider including in its law reform programme the constitutionality of provincial legislation that was passed in some provinces to regulate the funding of political parties. The provinces of KwaZulu-Natal, Gauteng, Limpopo and the Free State enacted legislation on the issue.
Provincial Legislature that allows for the provincial allocation of constituency and public education allowances and caucus funds to political parties. The Northern Cape passed the Political Party Fund Act 7 of 2009, and the Mpumalanga Political Parties Support Fund Bill of 2008 was tabled in the legislature in 2008. In the Foundation's view, these Acts are ultra vires and are constitutionally unlawful and invalid.
As indicated in the SALRC's 2008/2009 Annual Report, the SALRC developed and adopted selection criteria to determine which proposals should be taken on as investigations, starting with a decision on which proposals should be subjected to preliminary investigation. The application of the first set of criteria indicated that the proposal made by the Foundation should not be entertained by the SALRC; and that a preliminary investigation into the issue should not proceed.
The Commission considered the Foundation's request that the SALRC include the investigation in its research programme on 13 March 2010.
The matter is already receiving the attention of national government and, in particular, that of National Treasury.
The Foundation indicated in its submission that it had formally requested the Public Protector and the Auditor General to take remedial action against the unlawful and unconstitutional enactment of the provincial legislation concerned.
The Commission initiated a preliminary investigation into cyber crime in response to growing concern about the adequacy of current legislation to address the rising threat of cyber crime. The researcher was allocated to the pre-investigation in August 2009. It is envisaged that a report with recommendations on whether such an investigation should be included in the SALRC's research programme will be submitted to the Commission by June 2010.
On 15 March 2009 the SABC and e-TV television news covered the practice of forced marriages and the sale of young girls (between 12 and 15 years) into marriages with adult men that are prevalent in some parts of the country. On 24 August 2009 the SALRC received a request from the Gender Directorate of DOJCD to investigate the practice of ukuthwala; its impact on the girl-child; the appropriateness and adequacy of the current law of ukuthwala and compliance with the human rights of the girl-child, also taking the principle of the best interest of the child into consideration.
The Commission hosted a roundtable discussion on ukuthwala on 30 November 2009. The purpose of the discussion was to gather information on the subject to enable the Commission to decide whether or not to include an investigation into this issue in the SALRC's law reform programme. About 50 people representing various stakeholders attended the discussion.
The researcher is preparing a report containing the inputs and independent findings on the practice of ukuthwala for consideration by the Commission during the third quarter of 2010.
This preliminary investigation is an initiative of the SALRC in terms of its statutory powers to initiate investigations. The investigation was allocated to the researcher in September 2009. The purpose of the preliminary investigation is to investigate obstacles to access to justice for the poor, use of indigenous languages in courts and access to justice for women and people with disabilities with a view to proposing legal reforms if necessary.
The researcher is preparing a report on the pre-investigation for consideration by the Commission during the third quarter of 2010.
The Freedom of Expression Institute (FXI) requested the SALRC to investigate the amendment of section 205 of the Criminal Procedure Act to introduce a 'shield law' to protect confidential journalistic sources and information. The issuing of subpoenas in 2009 and 2010 calling for two e-TV journalists to divulge their sources and confidential information highlighted the controversy around conflicting rights and the manner in which section 205 is abused. The question at the core of this conflict appears to be whether the public interest in compelling a journalist to reveal confidential information or his or her sources outweighs the public interest in the free flow of information.
Apreliminary investigation is currently receiving attention and it is envisaged that the pre-investigation report will be submitted to the Commission for consideration during the third quarter of 2010.
The Deputy Minister of Home Affairs sent a letter to the SALRC on 15 September 2009 requesting advice on the possibility of an absolute ban on the dissemination and circulation of pornography through the electronic and printed media, as well as mobile technology. The request was discussed at the Commission meeting of 13 March 2010. A letter was sent to the Deputy Minister of Home Affairs subsequent to the meeting advising him that the SALRC will conduct a preliminary investigation to determine whether the matter should be included in the SALRC's research programme.
The Commission approved the final report on Project 124 - Privacy and data protection and the draft Bill in January 2009. The report was submitted to the Minister of Justice and Constitutional Development on 26 February 2009. The Minister acknowledged receipt of the report and Bill on 13 March 2009. The SALRC re-submitted the report to the newly appointed Minister on 14 May 2009. The Minister approved publication of the Report on privacy and data protection on 25 August 2009. The report was released by way of a media statement on 27 August 2009. The Protection of Personal Information Bill [Bill 9 - 2009] was introduced into Parliament on 25 August 2009 and has been the subject of deliberations of the Portfolio Committee for Justice and Constitutional Development for the rest of the period under review.
Privacy is a valuable aspect of personality. While potential invasions of privacy can come from many sources, a chief concern in recent years has been information privacy. Information about people and their activities can range from medical, insurance and financial records, purchasing habits and property ownership to borrowing habits at the video store, conversations via cellular telephone and surfing practices on the Internet - all mostly recorded in digital form. Information privacy has been defined as the claim of individuals, groups or institutions to determine how, when and to what extent information about them is collected, stored or communicated to others. It is clear that personal information has acquired a market value.
The main focus of the investigation has been to investigate all aspects regarding the protection of personal information in relation to the processing (collection, storage, use and communication) of the information by the State or another person and to recommend legislation or other steps that should be taken in this regard.
The expansion of telecommunications technology in recent years has led to a considerable information explosion and has increased opportunities for private data collection.
Some of the information collected may unduly harm the subject of the collection by undermining his or her dignity, integrity and independence as it may be inaccurate, incomplete, irrelevant, accessed and distributed unlawfully, used for purposes that are incompatible with and /or contrary to the purpose for which it was collected or unlawfully destroyed.
Unprotected personal information may lead to identity theft and other criminal offences, the proliferation of unsolicited pornography, spam and direct marketing excesses.
Children and other vulnerable parties are currently unprotected especially in so far as the Internet (Facebook etc) and other electronic devices are concerned.
From a business perspective, adequate privacy protection will result in the free flow of information, both nationally and internationally, which will stimulate the economy and provide employment opportunities, for instance in the call-centre industry. In terms of South Africa's international trade obligations the country needs a credible personal information environment to deal with the challenges of the surge of personal information collection and protection. Proper protection will also ensure consumer confidence and trust in electronic on-line business activities.
Finally, privacy legislation will provide a safe environment within which the e-government initiative can be developed.
It is the Commission's view that privacy and data protection should be regulated by legislation. The protection provided in the proposed Bill seeks to uphold the right to privacy as protected by the common law, section 14 of the Constitution and other International Human Rights instruments.
It is recommended that privacy and information protection should be regulated by a general information protection statute, with or without sector specific statutes, which will be supplemented by codes of conduct for the various sectors. The legislation is pro-active in nature, focusing on ensuring that proper systems are put in place instead of only policing encroachments.
The public and private sectors.
Automatic and manual processing.
Identifiable natural and juristic persons.
relating to the judicial functions of a court; and that has been exempted from the application of specific principles in terms of the Bill.
The Bill provides conditional exclusion for the processing of personal information for exclusively journalistic purposes; and by or on behalf of the state where it involves national security, defence or public safety, or the purpose which is the prevention, investigation or proof of criminal offences.
transferred to countries that ensure an adequate level of information protection only; and accounted for by the responsible party at all times.
Provision is made for exceptions to the information protection principles. Exemptions are furthermore possible for specific sectors in applicable circumstances. Special provision has also been made for the protection of special (sensitive) personal information. Special personal information includes information regarding children, religion, health and sex life, race, political persuasion and criminal behaviour.
Specific provision has been made for the protection of the subjects of data rights in so far as unsolicited electronic communications (spam) and automated decision-making are concerned. The interim arrangements in the National Credit Act, 2005, regarding the protection of credit information, have also been addressed.
The establishment of an independent statutory regulatory agency referred to as the Office of the Information Protection Regulator.
The appointment of one full-time Chairperson who will direct the work of the Office as well as four part-time members and a secretariat, consisting of government officials, to assist the Regulator.
That the Regulator will be responsible for the implementation of both the proposed Bill and the Promotion of Access to Information Act, 2000.
An alternative, more modest option makes provision for the placement of the Regulator as a ringfenced entity within an existing institution with two full-time regulators, and without any part-time members.
Responsible parties will be under an obligation to notify the Regulator of any processing of personal information before they undertake the processing. Provision has also been made for prior investigations to be conducted where the information being collected warrants a stricter regime.
The Commission recommends a flexible approach where industries will develop their own codes of conduct (in accordance with the principles set out in the legislation), which will be overseen by the regulatory agency. Codes of conduct for individual sectors may be drawn up for specific sectors on the initiative of the sector itself or of the Regulator. This will include the possibility of making provision for an adjudicator to be responsible for the supervision of information protection activities in the sector. The Regulator will, however, retain oversight authority. Although the codes will accurately reflect the information protection principles as set out in the Act, it should furthermore assist in the practical application of the rules in a specific sector.
Enforcement of the Bill will be through the Regulator, using as a first step, a system of notices where conciliation or mediation has not been successful. Failure to comply with the notices will be a criminal offence. The Regulator may furthermore assist a data subject in claiming compensation from a responsible party for any damage suffered. Obstruction of the Regulator's work is regarded in a serious light and also constitutes a criminal offence.
The Council of Europe's 1981 Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data (CoE Convention).
The 1981 Organization for Economic Cooperation and Development's (OECD) Guidelines Governing the Protection of Privacy and Transborder Data Flows of Personal Data.
The recommendations also seek to meet European Union (EU) adequacy requirements in terms of the Data Protection Directive 95/46/EC. The Directive provides that personal data should only be allowed to flow outside the boundaries of the (EU) to countries that can guarantee an 'adequate level of protection' of the data.
The recommendations and draft legislation are the result of a profoundly thorough consultation process. Should these recommendations be adopted by Parliament, the protection of information privacy in South Africa will be in line with our international obligations in terms of requirements and developments. In the last 30 years more than fifty countries have enacted data privacy legislation in order to ensure that they are compliant.
The SALRC relies extensively on the cooperation of institutions and persons who have an interest in its investigations for the efficient performance of the SALRC's functions. In order to ensure the best possible involvement of interested parties, it is the SALRC's policy to inform the public as far as possible of new investigations undertaken and of issue papers and discussion papers published for general information and comment. The SALRC's issue papers and discussion papers are released by way of media statements so as to ensure good coverage. However, the SALRC also submits issue papers and discussion papers of its own accord to institutions that have an interest in the investigations concerned. The reaction to these documents is an indispensable link in the process of law reform and it plays an important role in the eventual recommendations made by the Commission in its reports.
The good relations maintained by the SALRC with law reform bodies and institutions in other countries make the exchange of consultation papers, reports and other information possible. In this way, valuable information is exchanged that facilitates and expedites comparative research.
It is significant how various legal systems are often faced with similar problems. The exchange of documents and information enables the Commission to evaluate thinking elsewhere in the world. In the year under review the SALRC was privileged to host a number of foreign visitors and work attachments.
On 23 and 24 April 2009 the SALRC hosted Ms Sharon Williams, a researcher at the Zambian Law Development Commission (ZLDC), and Ms Sharon Newa, a magistrate in Zambia. The ZLDC is reviewing all its child-related laws, and as part of that project has decided to send two delegates to the SALRC to conduct a comparative study.
Domestic Violence. Ms Lowesa Stuurman briefed them on the Report on Trafficking in Persons and related issues.
The Somaliland Law Reform Commission visited the SALRC from 13 to 17 July 2009. The delegation of Commissioners from the Somaliland Law Reform Commission comprised of Prof Abdi Sheikosman, Chairperson; Mr Mahdo Muhamed Gulaid, Vice-Chairperson; Mr Ibrahim Eidle Suleiman, former Regional Court Judge; Mr Justice Mohamed Omer Ghelle, former Justice of the Somaliland Supreme Court; Mr Mohamoud Hussein Farah, Dean of the Law Faculty of Hargeisa University; and Ms Ifrah Adam Omer, Chairperson of the Somaliland Women Lawyers Association.
The SALRC arranged meetings for the Somaliland Law Reform Commission with the management of Justice College and the Centre for Human Rights at the University of Pretoria, as well as a visit to the Constitutional Court.
Andries Nel, the Deputy Minister of Justice and Constitutional Development. In addition to briefings on the working methods of the SALRC, the delegation was briefed by representatives of DOJCD on the relationship between the Legislative Development component and the SALRC, preparation of Bills for introduction into Parliament and the role of the SALRC and Legislative Development in the parliamentary process.
On 8 September 2009 the SALRC hosted a Vietnamese delegation led by Mr Nguyen Van Thuan, Chairperson of the Law Committee of the National Assembly of Vietnam. The delegation requested to be briefed on the historical background of the SALRC, the mission and activities of the SALRC and the day to day operations of the SALRC. The delegation found the information shared informative and useful. They indicated that they would send one of their researchers on a work attachment to the SALRC to learn from its processes and to obtain more detailed information on how to improve their own working methods.
The SALRC received a visit from Mrs Abimbola Coker, the Secretary to the Nigerian Law Reform Commission; and Mr Tunji Ezekiel Ogbebila, the librarian, on 30 November 2009. They were briefed on the activities and working methodology of the SALRC and in particular the functioning of the library. Mrs Coker also exchanged information about the working methodology applied by the Nigerian Law Reform Commission. Mrs Coker and Mr Ogbebila attended the roundtable discussion hosted by the SALRC on the practice of ukuthwala on 30 November 2009.
Legal Clerk, from the Namibian Law Reform and Development Commission for a study visit from 8 to 12 March 2010.
On 10 March 2010 the SALRC hosted a delegation from the Ugandan Human Rights Commission comprising of Mr Med SK Kaggwa; Ms Grace Dinah Akello; Ms Marriam Fauzat Wangadya; Dr Katebalirwe Ammoti Wa Irumba; Mr Constantine K Karusoke; Mr Joseph AA Etima; Mr Agaba Maguru; and Ms Roselyn Karugonjo-Segawa. The delegation was on a study visit to South Africa, facilitated by the South African Human Rights Commission, to learn about best practices on handling issues relating to sexual minorities. The delegation was briefed on the SALRC's investigations into domestic partnerships and the legal consequences of sexual re-alignment and related matters.
South Africa hosted by the Human Rights League: Mozambique during May 2009.
On 30 June 2009 Ms Ananda Louw had a meeting with Ms Suzette Heath, a psychologist with vast family law experience in New Zealand's family courts.
Trust of Southern Africa to discuss the link between trafficking and corruption and the need for training in this regard.
On 4 August 2009 Ms Dellene Clark and Ms Carien Pienaar, the research team on adult prostitution, held a meeting with Mr Tim Barnett, a former member of the New Zealand Parliament and promoter of the decriminalisation of prostitution in New Zealand, to discuss the legislative model followed in New Zealand. He is currently the Global Programmes Manager for the World AIDS Campaign.
The SALRC hosted a combined Unites States of America, New Zealand and Canadian delegation on family law issues on 8 October 2009. The SALRC liaised with Spirit of Africa working with People to People International, which organisation was responsible for organising the delegation's visit to the SALRC. The SALRC also liaised with researchers and institutions outside the Commission to brief the delegation on identified issues. Ms Dellene Clark addressed the delegation on family law issues in respect of sexual offences and children. Ms Anna-Marie Havenga presented information on the investigation into matrimonial property law and Ms Ronel van Zyl addressed the delegation on the Children's Act 38 of 2005. Ms Lowesa Stuurman addressed the delegation on issues relating to trafficking in persons.
On 10 November 2009 Ms Lowesa Stuurman provided the International Organisation for Migration with an input on the topics that should be covered in their training workshops on human trafficking for the judiciary.
Mr Fanayana Mdumbe corresponded with the Malawi Law Reform Commission on 13 November 2009 to provide them with information on the processes employed by the South African Law Reform Commission when conducting an investigation, the documents published by the Commission during the course of an investigation and the purpose served by each of these documents.
Ms Ananda Louw accompanied members of the Portfolio Committee on Justice and Constitutional Development on a study tour to the United Kingdom, to visit, amongst others, the UK Information Commission and Privacy International from 28 November to 3 December 2009.
A multi-sectoral delegation from the Democratic Republic of Congo (DRC) visited the SALRC on 3 December 2009 as part of a study visit to the Department of Justice and Constitutional Development and other agencies in the Department. This high level delegation of senior officials in the DRC Ministry of Justice required first-hand information on how their counterparts in South Africa carry out their responsibilities and functions, and the possibility of integrating these into their own system.
Who and what the SALRC is and where it fits into the Justice framework.
The SALRC's responsibilities and functions.
Specific areas which might be of interest to the delegation.
Possible commonalities between the DRC and South Africa and the value thereof to the DRC.
Possible areas of reciprocal capacity building.
Bank in Washington on the Threshold Strategic Options for a Regulatory Environment for Insolvency Practitioners in South Africa, a draft report for discussion with the Government of South Africa.
On 13 February 2010 Ms Lowesa Stuurman provided Ms Sarah Yun, a researcher at Harvard University writing her thesis on state compliance with human rights issues in South Africa, with an input on the relationship between government and NGOs providing services to victims of trafficking and the role of the SALRC in so far as it relates to the issue of trafficking in persons.
On 19 February 2010 Ms Lowesa Stuurman provided the Embassy of Colombia through the Department of International Relations and Co-operation with a list of role-players in South Africa that could be invited to a conference titled 'First Hemispheric Conference on the fight against abduction and kidnapping' to be held in Colombia from 12 to 13 May 2010.
On 22 February 2010 Ms Dellene Clark and Ms Carien Pienaar attended a strategic theoretical discussion around the viability of the 'Swedish Model' for the reform of the legislation on prostitution in South Africa.
Farley from the United States of America and Mr Max Waltmann from Stockholm University.
The DOJCD hosted law students from the Chicago Bar Foundation on 17 March 2010.
SALRC's working methodology and current research programme. The briefing was followed by an interactive discussion.
Ms Dellene Clark gave a television interview to Swedish journalists for TV4 News Stockholm, Sweden on the legislative reforms proposed for adult prostitution on 19 March 2010. On the same day the SALRC received a request from Maryland University to host some of its students as interns for six weeks later in 2010.
Mr Tshepang Monare attended a conference organised by the Commonwealth Association of Law Reform Agencies held from 4 to 5 April 2009 on 'Law Reform in Challenging Times' and the 16th Commonwealth Law Conference held from 5 to 9 April 2009 on the 'Dynamic of Law in a rapidly Changing World'. Both conferences were held at the Hong Kong Convention & Exhibition Centre.
Nations Commission on International Trade Law, the International Association of Restructuring, Insolvency and Bankruptcy Professionals (INSOL), the World Bank Multinational Judicial Colloquium on Insolvency, the INSOL 2009 Congress and the International Association of Insolvency Regulators Workshop, which all took place in Vancouver, Canada from 20 to 24 June 2009.
Mr Tienie Cronje attended the International Association of Insolvency Regulators Conference on the Impact of the Global Financial Crisis on Insolvency Systems, which was held in Sandton, Johannesburg from 12 to 14 October 2009. He also chaired one of the panel discussions.
On 3 July 2009 the SALRC, in partnership with Juta Publishers, hosted the 2008 Ismail Mahomed Law Reform Essay Award Ceremony at the Constitutional Court. The 2008 prize was awarded jointly to Mr Chris McConnachie, a penultimate LLB student at Rhodes University, for his essay entitled 'With such changes as may be required by context: Section 13 of the Civil Union Act, absurdity and gender discrimination in the legal consequences of marriage', and Ms Suzanna Harvey, an LLM student at the University of Cape Town, for her essay entitled 'Closing a loophole in the Labour Relations Act: The Constitutionality of s198'.
The SALRC launched the Ismail Mahomed Law Reform Essay Competition for 2009 in September 2009. Mr Fanyane Mdumbe and Mr Tshepang Monare attended the Limpopo Law Week Conference on 29 September 2009 to promote the competition. The closing date for the submission of essays was 30 November 2009. The SALRC received essays from students registered at Rhodes University; the University of the Witwatersrand; University of KwaZulu-Natal; University of the Free State; University of Stellenbosch; Walter Sisulu University; University of Cape Town; University of South Africa; University of Pretoria; University of Limpopo and the University of Johannesburg.
A panel consisting of Judge Willie Seriti, Vice-Chairperson of the SALRC and Chairperson of the panel; Professors Thandabantu Nhlapo, Vice-Chancellor, University of Cape Town; PJ Schwikkard, Dean, Faculty of Law, University of Cape Town; Managay Reddi, Dean: Faculty of Law, University of KwaZulu-Natal; Cathi Albertyn, Professor at Wits and part-time Commissioner: SALRC; Ms Yasmin Sooka, Executive Director: Foundation for Human Rights; and Adv Thulisile Madonsela, Public Protector of the Republic of South Africa, was appointed to evaluate the essays and decide on the winner.
The panel unanimously decided that the prize for the best essay of the 2009 competition should be jointly awarded to Mr Theo Steyn, an LLM graduate from UNISA, for his essay entitled 'Vat and e-Commerce: Still looking for answers', and Jonathan Parsonage, an LLB graduate from the University of Cape Town, for his essay entitled 'The shape of things to come Ubuntu as a framework for the imposition of punishment in South Africa'. Both winners received gift vouchers worth R10 000 each, sponsored by Juta and Co?
The SALRC maintains good relations with the electronic and the printed media. Information that, in the SALRC's opinion, is newsworthy is supplied to the media and enquiries are replied to fully and promptly. The SALRC wishes to express its gratitude for the interest displayed by the media in investigations conducted by the SALRC.
The Secretary deals with enquiries on the work of the SALRC virtually on a daily basis. These include enquiries from the media, other state departments, the professions, universities, NGOs and members of the public. Apart from dealing with routine enquiries on a regular basis, researchers and advisory committee members also participate in various programmes and discussions relating to their research projects. These take the form of, among others, interviews with radio stations, television appearances, articles in law journals and liaison with individuals and institutions.
Researchers and advisory committee members often participate in activities not initiated by the SALRC nationally and abroad. They are invited by government departments, NGOs and other institutions to attend seminars or conferences and to participate in workshops relating to investigations on the SALRC's programme. In addition, they are frequently requested to present papers or lectures on the research projects that they are involved in or have been involved in. This approach facilitates cooperation between the SALRC and other role players, serves to publicise the SALRC's activities and ensures that duplication of initiatives is avoided.
Project 25 Statutory law revision Mr Pierre van Wyk Participated in a roundtable discussion with functionaries from the Department of Mineral Resources to discuss and clarify the preliminary findings and proposals contained in the consultation paper submitted to the Department for comment on 12 January 2010.
Mr Fanyana Mdumbe Liaised with Transnet Freight Legal Services and legal advisers from the Department of Transport with regard to the legislative proposals contained in the Transport Laws Repeal Bill made by the SALRC in Discussion Paper 114 recommending the repeal of certain statutes administered by the Department of Transport.
Convened a roundtable discussion and addressed delegates at the discussion on the cultural practice of ukuthwala.
Project 100 Family law and the law of persons Meeting with the Fathers 4 Justice organisation at their request.
Custody of and access to minor children Meeting with Ms Zelda Moletsane at the Southern Divorce Court.
Ms Ananda Louw Completed a 40 hour training course in Family and Divorce Mediation accredited by the SA Association of Mediators.
Presentation at the Family Life Centre in Johannesburg.
Meeting with the Director: Child Justice and Family Law in order to ensure the cooperation of the DOJCD in the investigation.
Attended a family mediation workshop with representatives of the Office of the Family Advocate and the DOJCD.
Attended a workshop hosted by the SA Association of Mediators (SAAM) in Johannesburg.
Attended the Miller Du Toit Cloete Inc Family Law Conference in Cape Town, which concentrated on care and contact issues.
Attended the launch of an initiative of the Africa Centre for Dispute Settlement at the University of Stellenbosch Business School to set up a National Accreditation Board for Family Mediators. Invited to attend all future meetings of the Board as an observer.
Matrimonial property law Ms Anna-Marie Havenga Field enquiries from the public regarding problems with regard to pension benefits on divorce and the relevance of the SALRC investigation.
Project 107 Sexual offences Provided research material on statutory rape and the age of consent for boys under 12 at the request of the National Prosecuting Authority for a court case in Gauteng.
Ms Dellene Clark Assisted the NDPP with interpretation of provisions on the Sex Offender Register for two court cases in Kimberley.
Attended the National Forum and Launch of the 'Champion for Children Campaign' at the invitation of the Nelson Mandela's Children's Fund.
Compiled notes on the Sexual Offences Amendment Act for the Chairperson's paper on the protection of children with reference to child prostitution, trafficking and protective measures that are and will be in place during the 2010 Soccer World Cup.
Provided information to a social worker on whether the Sexual Offences Amendment Act has regulations, if the Act is currently operative; whether the previous Sexual Offences Act has been repealed; and whether the SALRC is currently debating any sexual offences legislation.
Provided information to the Sexual Offences and Community Affairs Unit DDPP, NPA on the presumption against retrospective application of statutory crimes.
Commented on a draft information document compiled by the CMR Mpumalanga to explain section 54 of the Sexual Offences Act to priests and others regarding the obligation to report sexual offences against children.
Provided information to a sexual health educator of SASHAPTA regarding the boundaries of what a professional therapist can and cannot do to help adults to overcome sexual difficulties.
Provided information to a student from NWU (Potchefstroom campus) on the obligation to report in the Sexual Offences Act for her PhD studies.
Provided a telephonic media interview to Andrew Donaldson for the Sunday Times on drugged/drunk rape cases.
Project 107 Sexual offences: adult prostitution Mail and Guardian Newspaper interview on Discussion Paper 1/2009 on Sexual Offences: Adult Prostitution.
Ms Dellene Clark Ms Carien Pienaar Eastern Cape Newspaper interview on Discussion Paper 1/2009.
SALRC-facilitated workshops on Discussion Paper 1/2009.
Radio interview on Discussion Paper 1/2009 on SAFM.
Radio interview on Discussion Paper 1/2009 on RSG (Praat Saam).
Radio interview on Discussion Paper 1/2009 on Radio Kansel.
Printed media interview on Discussion Paper 1/2009.
Radio interview on Discussion Paper 1/2009 on RSG (Kruis en Dwars).
Presentation of Discussion Paper 1/2009 at the Southern African Law Teachers Conference in Pietermaritzburg.
Attended a meeting arranged by Tshwaranang Legal Advocacy Centre to discuss violence against sex workers with a view to determine how one should respond to the abuse of power by members of the police.
Facilitated discussions and presented the findings of Discussion Paper 1/2009 to a focus group meeting for people selling sex hosted by SWEAT in Cape Town.
Radio studio interview on Discussion Paper 1/2009 on Impact Radio.
Presentation on Discussion Paper 1/2009 to the Gauteng focus group meeting of the South African Women Lawyers Association (SAWLA).
Provided a telephone link interview on Discussion Paper 1/2009 and its objectives to presenters on a live TBN TV show.
Conducted a briefing of the DA Caucus in Gauteng on Discussion Paper 1/2009.
Provided an interview for a CBN documentary broadcast on adult prostitution in South Africa.
Held a meeting with Professor Lemmer, the principal of the Academy of Sexology at the Pretoria East Hospital, to discuss the role of the client and the issue of demand.
Participated in the SA Women in Dialogue (SAWID) roundtable discussion on 'Women in economic crises'.
Presented Discussion Paper 1/2009 at a joint sitting of the Eastern Cape House of Traditional Leaders and the Godly Governance Network.
Interview to two WITS Students in preparation for their paper on the regulation option of adult prostitution.
Presented Discussion Paper 1/2009 to LLB students at the Varsity College in Sandton.
Attended an interactive debate at UNISA on the legalisation of adult prostitution.
Conducted grassroots fact finding on adult prostitution by way of a night time police guided tour in the Pretoria area.
Conducted an interview of and listened to a presentation on prostitution and drugs by a woman who used to sell sex for money and other reward.
Presented Discussion Paper 1/2009 to the Konvent van Reformatoriese Kerke van Suid Afrika (the General Synod of Dutch Reformed Churches) in Pretoria.
Telephonic interview on Discussion Paper 1/2009 by a journalist from AFP.
Electronic response to journalist Donald Peaton to an email enquiry on Discussion Paper 1/2009.
Presented Discussion Paper 1/2009 to a meeting arranged by the Catholic Church Parliamentary Liaison Office in Cape Town.
Provided an interview to a UCT student on group interaction in adult prostitution.
Provided a telephonic interview to Mark Tutton of CNN on adult prostitution and the SALRC processes.
Provided pre-recorded voice interview to Workers World Media Productions in English, Afrikaans, Tswana and Sepedi.
Project 110 Review of the Child Care Act Presented training on the Children's Act 38 of 2005 to social workers in Middelburg on request of the Suid-Afrikaanse Vrouefederasie.
Ms Ronel van Zyl Presented training on parental responsibilities and rights to social workers in private practice and related professions.
Presented on 'Application and Implementation of the Children's Act' at the Children's Act preparation workshop for the family advocates.
Presentation on medical issues in the Children's Act to members of the Sexual Health Workers Association.
Meeting with Ms Cathie van der Riet, a PhD student, on issues relating to the policy reform process pertaining to the Children's Act.
Presented training on parental responsibilities and rights as part of family mediation training offered by Family Life South Africa, Johannesburg.
Compiled notes on the protection of children as provided for in the Children's Act 38 of 2005 for the Chairperson's paper on the protection of children with reference to child prostitution, trafficking and protective measures that are and will be in place during the 2010 Soccer World Cup.
Assisted a legal officer from the Department of Social Development with compiling the government notice for the commencement of the Children's Act.
Attended meeting with officials from the legal division of the Department of Social Development on the commencement of the Children's Act.
Provided input to the Children's Institute in Cape Town on the compulsory reporting provisions in the Children's Act and the Sexual Offences Amendment Act.
Presented training on the Children's Act 38 of 2005 and the implementation thereof to officials from the North West Province in Mafikeng on request of the North West Department of Health and Social Development.
Presented training on the Children's Act 38 of 2005 to final year social work and post graduate psychology students at the University of the North West (Potchefstroom campus).
Field enquiries from officials from other state departments, social workers, psychologists, lawyers and members of the public regarding the Children's Act and the implementation thereof.
Project 122 Assisted decision-making: Adults with impaired decisionmaking capacity Meeting with representative of Department of Justice and Constitutional Development's Policy Unit on comment submitted by that Unit on the SALRC's proposed draft Bill on Assisted Decision-making.
Ms Anna-Marie Havenga Meeting with representative of South African Human Rights Commission on the SAHRC's request for compatibility of the SALRC's proposed draft Bill on Assisted Decision-making with the United Nations Convention on the Rights of Persons with Disabilities (CRPD).
Meeting with representatives of the national Department of Health to present the proposed draft Bill on Assisted Decisionmaking, obtain input on the text of the draft Bill and to discuss the need for compatibility with the CRPD.
Meeting with representatives of the Department of Social Development to present the proposed draft Bill on Assisted Decision-making, obtain input on the text of the draft Bill and to discuss the need for compatibility with the CRPD.
Meeting with representatives of the Directorate: Persons with Disabilities of the Ministry for Women, Children and People with Disabilities to present the proposed draft Bill on Assisted Decision-making, obtain input on the text of the draft Bill and to discuss the need for compatibility with the CRPD.
Meeting with representatives of the Chief State Law Adviser (International Law) of the Department of International Relations and Cooperation on international law questions regarding compatibility of the proposed draft Bill with the CRPD.
Field enquiries by the public on the current legal position regarding assisted decision-making for persons with Alzheimer's Disease and other mental disabilities and the SALRC's envisaged proposals for law reform.
Ms Margaret Meyer (Advisory Committee Member) Present training on the current legal position regarding assisted decision-making and information on the SALRC's investigation to Alzheimer Support Group Leaders, Johannesburg.
Present information on the current legal position regarding assisted decision-making and the SALRC's envisaged proposals at an Alzheimer's Disease Information Seminar, Princess Christian Homes, Pretoria.
Field enquiries by the public on the current legal position regarding assisted decision-making for persons with Alzheimer's Disease and other mental disabilities and the SALR's proposals for law reform.
Project 123 Protected disclosures Ms Dellene Clark Presented the Report on Protected Disclosures at a litigation seminar hosted by the Open Democracy Advice Centre at Constitutional Hill to corporate officers, union staff and labour lawyers.
Project 124 Privacy and data protection Ms Ananda Louw Presentation on the Protection of Personal Information Bill at the SABS in researcher's capacity as a member of the Privacy Working Group of the SABS providing feedback on an International Standard for Privacy being developed by the International Organization for Standardization (ISO) and the International Electro-technical Commission (IEC). The International Standard of Privacy forms the specialised system for world-wide standardisation.
Presentation on the possible effect of privacy legislation on business at a meeting hosted for this purpose by TransUnion.
Brief the Department of Trade and Industry on the Protection of Personal Information Bill at their request.
Meetings with NEDLAC on a NEDLAC report submitted to DTI on the impact of the Protection of Personal Information Bill on business, labour and government.
Meeting with SARS to discuss the impact of the Protection of Personal Information Bill on the revenue service.
Television interview on the Protection of Personal Information Bill on the SABC News and Current Affairs programme 'View from the House'.
Presentation on privacy protection in international jurisdictions at the Protection of Personal Information Bill Workshop on issues affecting the banking groups hosted by Mostert Opperman Incorporated.
Presentation on the Protection of Personal Information Bill at the National Information Officers Forum hosted jointly by the SAHRC and ODAC.
Participate in the Nelson Mandela Foundation workshop on the Protection of Personal Information Bill and its implications for archival and other memory institutions.
Meetings with the National Intelligence Centre on the impact of the Protection of Personal Information Bill on the Financial Intelligence Centre Act.
Attend clarification and information meeting on the Protection of Personal Information Bill with members of the Banking Association of South Africa.
Assist DOJCD with the passing of the Protection of Personal Information Bill through the parliamentary process. This included numerous meetings with officials from DOJCD, attending the meetings of the Portfolio Committee on Justice and Constitutional Development to brief members, attending public hearings and providing the Committee with a response to the submissions and attending and taking part in the deliberation meetings of the Committee.
Meeting with representatives of The Unlimited World, a telephone marketing company, to discuss the ambit of the Protection of Personal Information Bill and its effect on telephone marketing.
Various meetings and discussions with officials from the Department of Home Affairs on the Protection of Personal Information Bill and its impact on Advance Passenger Processing.
Presentation on the Protection of Personal Information Bill to the State Law Advisers of the Gauteng Premier's Office.
Participated in a discussion forum and Internet Safety Seminar, both hosted by the Film and Publication Board and Microsoft.
Took part in an Experian workshop on the importance of protecting personal information in the course and scope of business activities.
Participated in various radio programmes and gave numerous interviews to the media on the Protection of Personal Information Bill.
Project 125 Prescription periods Mr Tshepang Monare Attended and presented a paper on 'Prior notification to sue: a test on equality' at a conference organised by the Southern African Law Teachers Association at the University of Kwazulu-Natal.
Project 126 Review of the law of evidence Liaison and discussion with Mr Jabulani Radebe [Chief Director: ICT Security] from the Department of Communications on cyber security policy and related matters.
Electronic evidence Attended the Deloitte Technology Law Seminar.
Cyber Crime pre-investigation Attended South Africa's 4th Annual Cyber Law Conference.
Ms Nerisha Singh Attended a cyber security policy workshop held at the Department of Communications with representatives from NIA; SARS; SAPS: Cyber intelligence and Defence Force: Cyber Intelligence.
Presented on the SALRC's work on technology law at the Cyber and Related Priority Crimes Workshop hosted by the South African Police Service.
Project 130 Stalking Compiled a media response directed to the DOJCD on the Protection from Harassment Bill.
Ms Dellene Clark Attended and participated in meetings on the Bill convened by the DDG: Legislative Development in the DOJCD.
Interview on Radio 2000 on the Report on Stalking and the Protection from Harassment Bill in respect of the perceived limitation of journalists' rights and the death of a 3rd Degree employee at the hands of a stalker.
Interview on Radio 702 on the Report on Stalking and the Protection from Harassment Bill.
Telephonic interviews on the Protection from Harassment Bill on SABC and Radio 702.
Interview to an SABC journalist on the Report on Stalking.
Provided a printed media interview on stalking and existing legislation.
Provided a review of a DOJCD Justice Today article on Stalking.
Panel guest on the TV show 3rd Degree Plus aired in honour of Shadi Rapitso, a 3rd Degree journalist who was murdered by a stalker in 2009. The show aimed to explore stalking, its prevalence and effects on South African Women.
Project 131 Trafficking in persons Ms Lowesa Stuurman Assisted with the following information on issues relating to trafficking in persons: Provided the Department of International Relations and Co-operation: Directorate International Crime with the contact details of role players to participate in a video conference with the European Union on issues relating to trafficking in persons. Provided the Department of International Relations and Cooperation: Directorate International Crime with comment on a report titled Trafficking in Body Parts in Mozambique and South Africa compiled by the Human Rights League, Mozambique.
Participated in a seminar on human trafficking hosted by the University of Pretoria: Department of Social Work and Criminology.
Participated in the Trafficking in Persons Consultative Forum hosted by Trafficking in Persons Task Team: Sexual Offences and Community Affairs Unit, National Prosecuting Authority.
Interview on the proposed Prevention and Combating of Trafficking in Persons Bill on Radio RSG.
Briefed researchers from the Crime and Money Laundering Unit: Institute for Security Studies on the proposed Bill and provided guidance on what to consider for inclusion in their report on organised crime as far as the report relates to trafficking in persons.
Participated in the 'Consultative Workshop on Human Trafficking Interim Research Report' hosted in Pretoria by the Tsireledzani Programme: Sexual Offences and Community Affairs Unit, National Prosecuting Authority.
Provided training in Johannesburg and Cape Town respectively to the judiciary on the Prevention and Combating of Trafficking in Persons Bill at the Human Trafficking Workshop for Judicial Officers held by the International Association of Women Judges (South African Chapter) in partnership with the International Organisation for Migration.
Participated in an inter-departmental meeting on human trafficking in anticipation of the SA/US Annual Bilateral Forum.
Attended a media briefing held in Cape Town by the Minister of JCD on the Prevention and Combating of Trafficking in Persons Bill [B7 -2010].
Project 134 Administration of estates Attended the Gauteng meeting of the Fiduciary Institute of South Africa.
Mr Tienie Cronje Integrated Case Management System - Masters Phase 1 Enhancements User Acceptance Test.
Inter-ministerial Task Team on the combating of child pornography Attended and participated in a meeting of the Inter-Ministerial Task Team on the combating of child pornography.
Ms Dellene Clark Attended a Film and Publication seminar on research at the Innovation Hub in Pretoria.
Attended a stakeholder meeting at the Film and Publication Board on the draft Protocol on the handling of child pornography cases.
Attended a meeting with the Nigerian delegation at the Union Buildings, hosted by the Department of Women and Children.
Commented on the draft Protocol on the handling of child pornography cases to the Film and Publication Board.
Internal memorandum and annexure on the comments to the Film and Publication Board on the draft Protocol on the handling of child pornography cases to the Minister of JCD.
Provided information to Ms Misser, the legal advisor to the Premier of Gauteng, on the role of legislation in achieving Government priorities.
Attended the Internet Safety and Security Programme in South Africa - proposal by Microsoft for an Internet portal for discussion.
Internet Safety Seminar to launch an Internet portal, devise a 5 year plan for child protection and internet safety and to identify an annual internet safety and security day.
Ms Dellene Clark Meeting on Women empowerment and gender equality policy at the Presidency.
Mr Fanyana Mdumbe Presented a course on Statutory Interpretation as part of Advanced Legislative Drafting Course for municipal officers organised by Justice College in Pretoria and Bela-Bela.
Attended a policy dialogue on Traditional Practices and the Constitution, arranged by the Commission for Gender Equality in KwaZulu-Natal.
Interviewed by Ms Asanda Magaqa on SAFM on the cultural practice of ukuthwala.
Task Team on Gender Equality Legislation Ms Carien Pienaar Upon request by the Minister for Women, Children and Persons with Disabilities to the Minister of JCD, Ms Pienaar became a member of a task team to prepare draft gender equality legislation. Ms Pienaar did research on topics such as South Africa's international obligations on gender equality and development, 50/50 representation of women, national machinery for women development, gender focal points, gender mainstreaming and funding of gender equality programmes. Ms Pienaar remains an ad hoc member of the Task Team and the Task Team is to render advice based on her research.
12th Annual Family Law Conference: Family Law Frontiers Mr Michael Palumbo Made a presentation on 'Family law related investigations by the SALRC, the role of the SALRC and its public participation processes'.
During the period under review a substantial number of persons and institutions responded to specific or general invitations by the Commission to comment on particular issues or to assist it with its activities in some respect. It is impossible, within the scope of this report, to mention all contributors. However, the Commission expresses its sincere gratitude to all concerned: without their goodwill and assistance the Commission would not be able to execute its mandate properly.
The Commission also wishes to express its appreciation to the various project leaders (from within and outside the Commission) for providing advice and direction to researchers, evaluating the research and for the documents and reports compiled under their guidance. The willingness of individuals and organisations to serve on advisory committees of the Commission is valued.
<fn>GOV-ZA.20092010En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.200957En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.200979En.2012-02-10.en.txt</fn>
Visiting times will be clearly displayed at all visitors' entrances to the hospital.
A maximum of three (3) visitors will be allowed per patient. If this number is exceeded, the nursing staff will ask some visitors to leave.
The maximum number of visitors allowed at any one time is three (3) in the General and two (2) in the Maternity wards and in the Intensive Care Units (ICU).
Children under the age of twelve (12) years will not be permitted to visit except if the patient is the parent or sibling.
All children should be supervised by an adult.
It is not advisable for babies to visit, except if the patient is the parent. Permission should be sought from the Sister in charge.
If a patient's condition deteriorates visiting will be permitted at the discretion of the Sister in charge.
The duration of the visit may be restricted by the nursing staff if it is considered to be detrimental to the patient's well being.
No mobile phones, cameras and camcorders may be used by visitors without permission from hospital management in restricted areas. A bell ring or an announcement over the public address system will be used to indicate that visiting time is over.
Visiting outside of these hours must be negotiated with the sister-in-charge.
Visiting hours will be restricted without prior notification should the need arise.
Visitors are restricted to the father of the baby and one significant other person, plus siblings of the newborn baby who are over the age of two years.
Only one person at a time (either birth companion or father of the baby). On the post-natal side of the ward, the patient's mother will be allowed as a second person.
Only two visitors per neonate. Times as for wards above. Only parents and grandparents may visit. Parents of the child are allowed to visit at any time of the day until 21:00 (24-hour access if baby is very ill).
Maximum number of visitors is two (2).
No visiting. Visiting should be prearranged with the Sister in charge.
Visiting hours: 19:00 - 20:00 only (unless contacted to see a therapist).
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Information on how to provide feedback to Groote Schuur with either compliments or complaints.
If you have a concern or complaint about your care or the service that you have received, please talk to the staff in the department. They will be as helpful as possible and may be able to resolve your concern right away.
Your correspondence will be acknowledged within five (5) working days.
An investigation will be carried out.
You will receive a response within twenty five (25) working days; however, should a prolonged investigation be required you will be informed.
Compliments received will be shared with the staff/department concerned.
<fn>GOV-ZA.2009AdminjusticeEn.2012-02-10.en.txt</fn>
The Department of Justice and Constitutional Development's mandate is to uphold and protect the Constitution and the rule of law. The department is also responsible for overseeing the administration of justice in the interests of a safer and more secure South Africa.
The Department of Justice and Constitutional Development comprises six core branches - Court Services, the Master of the High Court, Legal Advisory Services, the Litigation Unit, the Legislative Development Unit, and the Justice College - and two support branches - Corporate Services and the Office of the Director-General.
ensuring the provision of integrated court services through the establishment and maintenance of court facilities promoting cost-effective and quality court services facilitating effective case-flow management providing appropriate human resources (HR), including the appointment of judicial, prosecutorial and administrative staff facilitating the adjudication of criminal, civil and family law-related disputes. The department facilitates constitutional development, drafts legislation, conducts research to support legislative development, provides legal advisory services to other government departments, provides litigation services to protect the organs of state, oversees the administration of deceased and insolvent estates and administers the Guardian's Fund.
The department is administratively accountable for ensuring the independence of and support to its entities, the National Prosecuting Authority (NPA); Legal Aid South Africa (previously the Legal Aid Board); and constitutional institutions such as the South African Human Rights' Commission (SAHRC), the Commission on Gender Equality (CGE), the Public Protector, the Special Investigating Unit (SIU), including the administration of the Represented Political Parties' Fund and the President's Fund.
Between 2004/05 and 2010/11, the department's budget is expected to increase at an average annual rate of 13,4%, from R5,5 billion to R11,7 billion.
The Safety and Security Sector Education and Training Authority awarded R1 million to the Department of Justice and Constitutional Development to train volunteers for the 2010 FIFA World CupTM.
The department will target mainly young, unemployed citizens from all provinces and train them in fields related to the administration of justice and equip them with skills that will be valuable beyond 2010.
capture data in courts.
all 2010-related cases outside of the host city will be prioritised and dealt with in a court with jurisdiction.
Significant strides have been made in developing legislation in a number of important areas, including the protection of vulnerable groups, in particular, women and children. The department intended to finalise important outstanding pieces of legislation in 2009/10.
These include the Traditional Courts Bill, the Criminal Law (Forensic Procedures) Amendment Bill, the Superior Courts Bill and the Constitution Amendment Bill.
The Traditional Courts Bill is intended to regulate anew the role and functions of traditional leaders in the administration of justice in accordance with constitutional imperatives.
In finalising this Bill, extensive work is required from the department, which is represented on a subcommittee appointed by the Portfolio Committee on Justice and Constitutional Development, consisting of representatives of various groups.
The Superior Courts Bill, presumably the only Bill that has stretched beyond the tenure of the two previous parliaments, was expected to be re-introduced during 2009/10. The Bill seeks to consolidate all outstanding aspects relating to the transformation of the judiciary, including the rationalisation of the courts, establishing an efficient court-administration model consistent with South Africa's constitutional democracy and the rationalisation and harmonisation of the rules of courts to enhance access to justice.
The Prevention and Combating of Trafficking in Persons Bill has been published for comment. The Bill is intended to give effect to the South African Law Reform Commission's (SALRC) legislative recommendations relating to trafficking in persons. It will offer protection to the most vulnerable in society, against highly organised crime syndicates. The current law is fragmented with low reporting and conviction rates. The Bill also gives effect to South Africa's international obligations as a signatory to the United Nations (UN) Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.
The Constitution of the Republic of South Africa, 1996 is the supreme law of the country and binds all legislative, executive and judicial organs of state at all levels of government.
In terms of Section 165 of the Constitution, the judicial authority in South Africa is vested in the courts, which are independent and subject only to the Constitution and the law. No person or organ of state may interfere with the functioning of the courts, and an order or decision of a court binds all organs of state and persons to whom it applies.
high courts, including any High Court of Appeal that may be established by an Act of Parliament to hear appeals from high courts magistrates' courts any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either high courts or magistrates' courts. In line with this, Parliament has also established special income tax courts, the Labour Court and the Labour Appeal Court, the Land Claims Court, the Competition Appeal Court, the Electoral Court, divorce courts,"military courts"and equality courts.
On 1 October 2009, President Jacob Zuma announced the appointment of Justice Sandile Ngcobo as the new Chief Justice of South Africa. Chief Justice Ngcobo assumed office on 12 October 2009. Justice Dikgang Moseneke is the Deputy Chief Justice.
Decisions of the SCA are binding on all courts of a lower order, and the decisions of high courts are binding on magistrates' courts within the respective areas of jurisdiction of the divisions. The SCA comprises 25 judges, including its president.
A high court has jurisdiction in its own area over all persons residing or present in that area.
These courts hear matters that are of such a serious nature that the lower courts would not be competent to make an appropriate judgment or to impose a penalty.
There are 13 seats of the High Court. In terms of the Renaming of the High Courts Act, 2008 (Act 30 of 2008), they are: Western Cape High Court, Cape Town; Eastern Cape High Court, Grahamstown; Eastern Cape High Court, Port Elizabeth; Eastern Cape High Court, Mthatha; Eastern Cape High Court, Bhisho; Northern Cape High Court, Kimberley; Free State High Court, Bloemfontein; KwaZulu-Natal High Court, Pietermaritzburg; KwaZulu-Natal High Court; Durban, North Gauteng High Court, Pretoria; South Gauteng High Court, Johannesburg; Limpopo High Court, Thohoyandou; and North West High Court, Mafikeng.
The Minister of Justice and Constitutional Development may divide the country into magisterial districts and create regional divisions consisting of districts. Regional courts are then established per province at one or more places in each regional division to hear matters within their jurisdiction.
The Jurisdiction of Regional Courts Amendment Act, 2008 (Act 31 of 2008), empowers regional magistrates to preside in civil matters. Processes are underway to pave the way for the implementation of the Act. Prime among those is the need to build capacity at regional court level to deal with civil and divorce matters. The divorce courts will be subsumed under the regional-court divisions. This will address the jurisdictional challenges in terms of which litigants have to travel to remote courts to get legal redress.
The formal training of magistrates and legal practitioners around this legislation and other areas of judicial work will be the responsibility of the newly established South African Judicial Education Institute. Preparations were at an advanced stage in October 2009 for the institute to commence with its work.
The Jurisdiction of Regional Courts Amendment Act, 2008 will, in the medium to long term, reduce the workload in the high courts. In this way, divorce and other family-law matters and civil disputes of an amount determined from time to time will be within the jurisdiction of regional courts. This therefore means that attorneys will have the opportunity of representing their clients in matters where they ordinarily brief counsel. This will in turn reduce the cost of litigation and therefore increase access to justice.
There are nine regional court presidents and 343 regional court magistrates.
It has also facilitated the separation of functions pertaining to the judiciary, prosecution and administration; enhanced and developed the skills and training of judicial officers; optimised the use of limited resources in an equitable manner; and addressed imbalances in the former homeland regions. In terms of the Magistrates' Act, 1993 (Act 90 of 1993), all magistrates in South Africa fall outside the ambit of the Public Service. The aim is to strengthen the independence of the judiciary.
Although regional courts have a higher penal jurisdiction than magistrates' courts (district courts), an accused cannot appeal to a regional court against the decision of a district court; only to the High Court.
By mid-2009, there were 366 magisterial districts and main magistrates' offices, 80 branch courts and 282 periodical courts in South Africa. There were 1 906 magistrates in the country, including regional court magistrates.
In addition, full jurisdiction was conferred to courts in rural areas and former black townships that exercise limited jurisdiction and depend entirely on the main courts in urban areas to deliver essential justice services.
A magistrate's court has jurisdiction over all offences except treason, murder and rape. A regional court has jurisdiction over all offences except treason. However, the High Court may try all offences. Depending on the gravity of the offence and the circumstances pertaining to the offender, the Directorate of Public Prosecutions decides in which court a matter will be heard and may even decide on a summary trial in the High Court.
The sentencing of "petty" offenders to do community service as a condition of suspension, correctional supervision or postponement in appropriate circumstances, has become part of an alternative sentence to imprisonment. Where a court convicts a person of any offence other than one for which any law prescribes a minimum punishment, the court may, at its discretion, postpone the passing of sentence for a period not exceeding five years, and release the convicted person on one or more conditions; or pass sentence, but suspend it on certain conditions.
If the conditions of suspension or postponement are violated, the offender may be arrested and made to serve the sentence. This is done provided that the court may grant an order further suspending the operation of the sentence if offenders prove that circumstances beyond their control, or that any other good and sufficient reason prevented them from complying with the conditions of suspension.
South Africa's community courts provide timely judicial services - usually within 24 hours of an arrest of a criminal suspect. This assists in easing the country's court case backlog. Community courts, such as the Hatfield Community Court in Pretoria, are normal district magistrates' courts that assist in dealing with matters in partnership with the local community and businesses. These courts focus on restorative justice processes, such as diverting young offenders into suitable programmes.
The business community and other civilsociety formations contribute significantly to the establishment and sustainability of these courts.
Thirteen community courts have been established. Four are fully operational and had been formally launched in Hatfield, Fezeka (Gugulethu), Mitchells Plain and Cape Town.
Another nine pilot sites commenced in Durban (Point), KwaMashu, Mthatha, Bloemfontein, Thohoyandou, Kimberley, Phuthaditjhaba, Hillbrow and Protea (Lenasia).
Another Sars court operates twice a week at the Roodepoort Magistrate's Office. A tax court facility was opened in Megawatt Park, Sunninghill, Gauteng, in 2005.
provide integrated and specialised services to the family as the fundamental unit in society facilitate access to justice for all in family disputes improve the quality and effectiveness of ser vice delivery to citizens who have family law disputes. In 2009, there was an increase in the number of appointments compared to the previous years in family-law sections of the magistrates' courts.
Many new applications were received countrywide and the number of children receiving maintenance increased. The number of new applications for child support recorded in 2009 was 32 828 while 22 806 maintenance orders were made for beneficiaries, of whom 99% were women.
Operation Isondlo (a Department of Justice and Constitutional Development initiative) has led to many children's maintenance defaulters being traced, appearing in court and paying maintenance.
3 469 warrants of arrest were issued for defaulters the Justice Deposits Account System (JDAS) was introduced, which is used to operate a manual process and administer money received at magistrates' courts.
The JDAS provides better and faster service with shorter queues, and easy retrieval of information. Child-maintenance beneficiaries can make telephonic enquiries and get faster responses.
By mid-2009, of the 459 child-maintenance pay-points, 458 had been installed with JDAS, except Botshabelo in the Free State.
The effort of continuous identification of branch courts is progressing well with two additional branch courts, Motherwell in the Eastern Cape, and Richards Bay in KwaZulu-Natal, identified.
The JDAS was expected to be implemented in these courts during 2009.
The EFT, launched in 2005, allows people to access maintenance payments through their bank accounts.
Some of the major banks assisted the department with the opening of bank accounts and the placement of automated teller machines at shops in the local communities.
This system has reduced the regular absence of women from their jobs to queue for their child maintenance during working days as they can access the money in their leisure time.
In 2009, there were 130 000 beneficiaries receiving their maintenance through the EFT system.
In dealing with maintenance, there is an inevitable link of dealing with mediation, although it is not really recognised as mediation as such. The Maintenance Act, 1998 (Act 99 of 1998), provides for an element of mediation to be used as a mechanism in resolving disputes. A need has been identified to train officials to deal with mediation as this provides an opportunity for both parties to talk things through. Both parties contribute towards the amicable resolution of maintenance and bring about restoration of dignity to the aggrieved party.
The Johannesburg Family Court and Pretoria Magistrate's Court have been identified as pilot sites as they are centrally located. It would also be easier for the national office to monitor and maintain contact for their progress, before moving to other regions. Once this is fully operational, it will reduce high volumes of maintenance cases that block the court and reduce the high turnaround time in finalising family-law matters. The department is investigating the roll-out of mediation services to other courts.
The overall strategic objective of the Domestic Violence Programme is to strengthen the effectiveness of the Domestic Violence Act (DVA), 1998 (Act 116 of 1998). This will be implemented through a series of review projects aimed at identifying challenges and best practice in the implementation of the DVA, 1998. The projects will lay the foundation for informing the development of a framework for the effective and coordinated implementation of actions aimed at providing victim-friendly court-support services. This will include a holistic approach to all implementation initiatives aimed at the eradication of domestic violence.
The Domestic Violence Programme supported and facilitated the development of the Guidelines for Implementation of the DVA, 1998. The guidelines were developed by magistrates for magistrates and will be used as reference material.
In strengthening the effective implementation of the DVA, 1998, the Department of Justice and Constitutional Development, through the Family Directorate, has entered into a partnership with the South African Safety and Security Education and Training Authority (SASSETA), the Sexual Offences and Community Affairs (SOCA) Unit and the Justice College in the establishment of a family-law learnership, which will include domestic-violence training for 100 clerks and advice-officers from non-governmental organisations.
This SASSETA-led Family Law Learnership started with the development of material, including the domestic violence module, which is in its final stages of completion.
As the implementation of domestic violencemanagement can only be effective from a holistic and integrated perspective, the Department of Justice and Constitutional Development is part of the Ndabezitha Project, which aims to train 80 traditional leaders and 45 domestic violence clerks on the DVA, 1998, social context of domestic violence, effective management of domestic violence, restorative justice and conflict management in domestic violence cases.
As part of its transformation and the improvement of access to justice, particularly for vulnerable groups, and as a means of recognising the scourge of sexual violence in society, the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007), has provided a legal framework to provide an integrated approach to the management of sexual offences, thereby aiming to reduce secondary trauma to victims of such violence.
The Sexual Offences Programme conducted a number of projects in 2008/09 to enhance the effective implementation of the Sexual Offences Amendment Act, 2007.
In ensuring that the legal framework and the rights of victims are realised and operationalised to ensure effective service delivery, the Act prescribes in Section 62 the establishment of the Inter-Sectoral Committee for the Management of Sexual Offence Matters, a monitoring framework overseen by the most senior government officials. This structure aims to eradicate the fragmented nature of service delivery by ensuring that the directors-general of the relevant departments meet regularly to ensure coordination.
implementing the priorities and strategies contained in the Draft National Policy Framework measuring progress on the achievement of the framework ensuring that the various organs of state comply with the roles and responsibilities allocated to them in the Draft National Policy Framework monitoring the implementation of the frame work. The first Directors-General's Inter-Sectoral Committee on the Management of Sexual Offences convened on 17 February 2009. By mid-2009, the committee was considering the Draft National Policy Framework.
The establishment of equality courts seeks to achieve the expeditious and informal processing of cases, which facilitates participation by the parties to the proceedings. The courts also seek to ensure access to justice to all persons in relevant judicial and other dispute-resolution forums.
South Africans' rights are entrenched in and protected by the South African Constitution and its Bill of Rights. In turn, laws give effect to the various rights. The right to equality, as one of these rights, is protected by law in the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000), and the Employment Equity Act, 1998 (Act 55 of 1998). The two acts work in synergy.
prevent and prohibit hate speech.
measures to educate the public and raise pub lic awareness on equality. By May 2009, the remaining magisterial districts were being designated as equality courts. The process was envisaged to be completed in 2009.
By May 2009, the department had trained 98 equality court clerks before the completion of the designation of the remaining magisterial districts as equality courts. The training was held in the Eastern Cape, Free State and Limpopo.
Small claims courts have been established in terms of the Small Claims Court Act, 1984 (Act 61 of 1984), to adjudicate small civil claims. They are created to eliminate the time-consuming adversary procedures before and during the trial of these claims. The limit of cases involving civil claims in these courts is R7 000.
Matters within small claims courts are presided over by commissioners who are usually practising advocates or attorneys, a legal academic or other competent person. The service is voluntary as there are no fees paid to the commissioners.
In 2008/09, the department appointed 114 commissioners and 113 advisory board members to assist small claims courts.
Neither the plaintiff nor the defendant may be represented or assisted by counsel at the hearing. The commissioner's decision is final and there is no appeal to a higher court; only a review process is allowed.
establishing systems and rules of court that are accessible and easy to understand providing trained administrative support staff attracting and retaining commissioners.
The department continues to strengthen the capacity of small claims courts.
The improvement of the functioning of the small claims courts is a key priority area. The small claims courts constitute an inexpensive tool that was created to settle minor civil disputes in an informal manner.
By June 2009, there were 188 small claims courts. The department, in partnership with representatives of the legal fraternity and the Swiss Agency for Development and Cooperation, was in the process of finalising manuals for commissioners for small claims and for court officials, to be followed by training programmes in conjunction with the Justice College.
By mid-2009, of the 205 judges, 45,37% (93) were white, 38,4% (78) were African, 7,80% (16) were coloured and 8,78% (18) were Indian. Overall, 20,49% were female and 79,51% male.
In terms of the lower-court judiciary, of the 1 906 magistrates, 46% were white, 39% African, 7% coloured and 8% Indian. Overall, 33% were female and 67% male.
The transformation of the judiciary is closely linked with the transformation of the legal profession and of legal scholarship. The Department of Justice and Constitutional Development has worked in partnership with law schools in transforming the curriculum of the basic law degree to bring it in line with modern best practices. In addition to encouraging law schools to widen access to students from previously disadvantaged communities, these institutions will further be encouraged to forge linkages with leading law firms, prominent practitioners and relevant international organisations.
The department assists law graduates through its internship programme, which also provides research training, to give much-needed assistance to state legal officers, prosecutors, public defenders, the judiciary and the magistracy.
Transformation of the legal profession includes making judicial services accessible to the poor, the uneducated and the vulnerable. This entails establishing a physical presence in rural areas and in townships, offering affordable fees and providing speedy and empathetic services. It also entails facilitating access of all aspects and levels of the profession to aspirant lawyers, especially to those from previously marginalised backgrounds.
The department gives prominence to integrating and modernising justice services through technology. It seeks to evolve simplified, cheaper and faster processes geared for the poor and vulnerable in townships and rural areas. It seeks to achieve this in partnership with its customers, other government departments and stakeholders.
The South African Judicial Education Institute Act, 2008 (Act 14 of 2008), will, for the first time in history, introduce a state-sponsored judicial education programme for judges. The institute will provide training for both judges and magistrates.
The Judicial Service Commission (JSC) Amendment Act, 2008 (Act 20 of 2008), assented to law by the President in November 2008, was expected to come into operation in 2009. The Act establishes internal systems for judicial accountability. The JSC relies solely on its constitutional mandate to deal with any matter involving impropriety or incompetence and its mandate extended only to impeachable conduct on the part of a judge.
In 2009, the department was finalising a consolidated policy framework document to address other outstanding aspects relating to the transformation of the judicial system. These include rationalising high courts, harmonising the appointment procedures for judges and magistrates and addressing aspects relating to language use in courts.
Transforming the judicial system also includes transforming traditional courts. Traditional leaders are conferred with criminal and civil jurisdiction to exercise judicial authority in respect of certain offences and claims. The conferment is by virtue of sections 12 and 20 of the Black Administration Act, 1927 (Act 38 of 1927).
Since the Act is not consistent with the existing constitutional dispensation, it was repealed in November 2005.
Only sections 12 and 20, which deal with the establishment and functioning of traditional courts, were kept in operation until 30 September 2007. This deadline was extended by the repeal of the Black Administration Act, 1927 and Amendment of Certain Laws Amendment Act, 2008 (Act 7 of 2008), to 30 December 2009.
The extension allowed the department to formulate policy on the role of traditional leaders under a democratic dispensation, which will be followed by appropriate legislation to replace the repealed sections.
An interdepartmental task team, comprising officials of the departments of justice, former provincial and local government, and former land affairs, was appointed to draft the required policy in conjunction with the national and provincial houses of traditional leadership.
The policy was approved by Cabinet and launched in March 2008 in Nelspruit, Limpopo.
The Traditional Courts' Bill has also been introduced into Parliament.
The Department of Justice and Constitutional Development is engaged in the development of an enhanced version of the CFM Framework for implementation by involving all stakeholders. In the process, participants from other partner organisations will make meaningful contributions on the issues and blockages affecting the proper implementation of CFM in the court environment. Efforts to eradicate such blockages will be proposed by adopting workable solutions.
continuous cooperation of stakeholders to implement and maintain CFM at all courts establishing judicial leadership and CFM buy-in processes in the lower and higher courts in the form of CFM forums facilitating and monitoring the creation of CFM governance structures to sustain productivity in the courts environment maintaining the CFM concept (guidelines, plans, governance, reporting and systems).
E-Scheduler: This application is used to register criminal case information for the district court environment.
Integrated Case-Management System: The application, an evolvement from the E-Sche duler, is designed to provide case-management information for a number of integrated systems within the department, which include the regional criminal and civil courts; high courts (criminal and civil); district courts (civil); small claims courts; masters, specialised and family courts; and the National Sexual Offences Register.
Video Remand System: The system provides for the use of technology in conducting proceedings from a venue outside the court room, which is regarded as an extension facility of the court. Amendments to the respective legislation to support this application have been approved and the associated regulations are being developed.
Digital Court Recording System (DCRS): The DCRS has been rolled out to all courts to replace the outdated analogue recording machines.
Document Management System: This application has been successfully pilot tested in early 2009 at the Pretoria and Krugersdorp courts. Court records are filed at an off-site location and this is supported by technology and processes to ensure the speedy recovery of court records and files, eliminating the delays associated with misfiled and misplaced files.
Transcription services: Service-providers have been appointed to support individual provinces and assist in facilitating the provision of transcription services in a fast and efficient manner.
Re Aga Boswa/Court Capacitation Programme: The programme focuses on the provision of resources to support regional offices and courts.
Case Backlog Project: The project has been introduced to reduce case backlogs and to increase the performance in regional court centres. The project has created additional capacity for these centres to concentrate on the finalisation of trials.
The Case-Reduction Backlog Project has been integrated into the Review of the Criminal Justice System process, which entails that where required, in terms of interventions on an urgent basis - for example, the xenophobia matters, inquest backlogs and election criminal matters - the backlog courts will also be used.
Between November 2006 and March 2009, the project received 11 978 cases and finalised 8 855 of them (73,9%).
Actual implementation at the courts will be facilitated by the regional offices in each province. This approach will provide for a uniform CFM framework, which will be streamlined in the entire court system. This will have the benefits of cases being managed better, the customers of the court seeing quicker results and confidence in the justice system being restored.
The sub-branch Court Performance is responsible for the development and monitoring of processes and systems; introducing CFM that facilitates efficient and effective court and case management; developing and facilitating the implementation of a court-management policy framework; evaluating the quality of services and performance within the courts; and facilitating the development of uniform performance standards to enhance institutional performance. It is also responsible for providing effective and responsive management and administrative support for the judicial decision-making process within the court environment.
As a service-delivery improvement programme, the CFM Project seeks to put in place institutional arrangements for integrated CFM in the court system. Given the broad and large sector of the justice system, this will be done incrementally over the years.
as the judiciary is in control of the court, it makes sense to facilitate extending such control to judicial pre-adjudication stages to achieve a holistic CFM judicial leadership re-engineering CFM support structures in the courts to respond adequately to the CFM regime.
increasing capacity at regions and courts to effect service delivery increasing and improving skills and competencies continued efforts to reduce case backlogs reviewing outdated court procedures/processes and the regulatory framework facilitating organisational efficiency facilitating efforts to secure skills required to operate the new systems and processes.
facilitating the securing of standardised transcription services for courts across all regions rendering case-management business intelligence support to information system management (ISM) in the development of information technology (IT) tools and systems.
ensuring the necessary technical capacity within the NOC to become the managementinformation hub for the Department of Justice and Constitutional Development expanding the NOC services to cover all branches and all departmental service points improving the quality of the NOC tools data and the E-Scheduler/Integrated Case-Management System data through data auditing and regular quality assessments.
The SIU, created in terms of the SIU and Special Tribunals Act, 1996 (Act 74 of 1996), is an independent statutory body that is directly accountable to Parliament and the President of South Africa. It was established to conduct investigations at the President's request, and to report to him on the outcomes of these.
unlawful or improper conduct by any person who has cause to or may cause serious harm to the interest of the public or any category of the public.
stop transactions or other actions that were not properly authorised. A critical factor contributing towards the success of the SIU has been the development of an integrated forensic service to state institutions that require an intervention to address allegations of corruption, maladministration and fraud, which include forensic audit and investigation; remedial legal actions encompassing civil, criminal and disciplinary action; as well as the recommendation and facilitation of systemic recommendations.
The SIU's output-driven approach to investigations is supported by an effective national presence and excellent relations with other law agencies such as the National Prosecution Service (NPS), the core prosecuting division of the NPA, and other attached divisions, such as the Specialised Commercial Crime Unit (SCCU) in the case of fraud and other related matters, and the Asset Forfeiture Unit (AFU) in cases where the powers of this unit are more suitable for recovering the proceeds of crime.
South African society post-1994 has been marked by profound political changes and the establishment of progressive legislation, policies and programmes that have served to lay the basis for a new society. Key milestones along the way have been the adoption of the Constitution in 1996 that outlined the formation of the NPA and Section 179 of the Constitution of the Republic of South Africa, 1996, that created a single NPA.
Also vital within the criminal justice system (CJS) was the formation of the Office of the National Director of Public Prosecutions (NDPP), established on 1 August 1998.
Legislation governing the prosecuting authority is the NPA Act, 1998 (Act 32 of 1998). The Constitution, read with the said Act, provides the prosecuting authority with the power to institute criminal proceedings on behalf of the State and to carry out any necessary functions incidental to instituting criminal proceedings.
Over the years, various units have been added, resulting in a formidable prosecuting and crimefighting force that has made its mark on the South African scene and has gained a reputation as a professional organisation of note. The NPA structure includes the NPS, the AFU, and specialised units such as the SCCU, the Witness Protection Programme (WPU), the Priority Crimes Litigation Unit (PCLU) and the SOCA Unit.
In October 2008, Parliament approved the NPA Amendment Bill and the South African Police Service (SAPS) Amendment Bill, which provided for the dissolution of the Directorate: Special Operations (DSO). The DSO and SAPS Organised Crime Unit will become a single agency known as the Directorate: Priority Crime Investigation, within the SAPS. The Bills were signed into law in January 2009. The Acts are expected to strengthen the investigative capacity of the police in relation to organised and serious crime.
contribute to economic growth contribute to freedom from crime contribute to social development promote a culture of civic morality reduce crime ensure public confidence in the CJS.
A significant majority of the NPA's prosecutors are housed in the NPS, the organisation's biggest unit. The NPS is headed by the Deputy National Director who reports to the NDPP. Directors of public prosecutions head the organisation in each region, with public prosecutors and state advocates manning the nation's district, regional and high courts.
The NPA represents and acts on behalf of the people in all criminal trials. The NPA does not seek only to secure convictions but rather to ensure that the interest of justice is served in all cases. Prosecutors are significant drivers of the CJS, controlling the speed and direction of court proceedings.
In 2001, the WPU was transferred from the Department of Justice and Constitutional Development to the Office of the NDPP. The office was created in terms of the Witness Protection Act, 1998 (Act 112 of 1998), to provide for temporary protection, pending placement under protection; placement of witnesses and related persons under protection; and services related to the protection of witnesses and related persons.
The Office for Witness Protection had 428 witnesses, including family members, on the programme in 2007/08. No witnesses or family members were harmed or threatened. The definition of a walk-off was amended in 2007/08 to include all people that voluntarily left the programme before testifying, were given notice to leave the programme due to misconduct, or left the safe house without prior notice. Under the new definition, 24% of witnesses walked off the programme in 2007/08 against a target of zero. In the first half of 2008/09, 16% (27) walked off.
The AFU was created in 1999 in terms of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998). The AFU can seize and forfeit property that was bought with the proceeds of crime, or property that has been used to commit a crime.
build capacity to ensure that asset forfeiture is used as widely as possible to have a real effect in the fight against crime. In 2009/10, the AFU made a significant impact in the fight against crime. The AFU had a good year in terms of the value of its cases and exceeded most of its targets. It had the best year ever for the number and value of deposits into the Criminal Assets Recovery Account at R66 million, the highest ever number of seizures and total orders and the highest ever number of forfeitures applied for and forfeitures completed.
The SCCU was established on 1 August 1999 as a pilot project to combat the deteriorating situation pertaining to commercial crime. The SCCU aims to reduce commercial crime by the effective investigation and prosecution of complex commercial crime.
The SCCU's mandate is to accept responsibility for the investigation and prosecution of commercial crime cases emanating from the commercial branches of the SAPS in Pretoria and Johannesburg, respectively. The client base of the SCCU comprises a broad spectrum of complainants in commercial cases, ranging from private individuals and corporate bodies to state departments.
The investigation and prosecution process of the SCCU is driven through a combined prosecutor and investigator approach conducive to the methodical planning of the outcome and speedy finalisation of cases registered.
The PCLU is a specialist unit mandated to tackle cases that threaten national security. The PCLU was created by Presidential proclamation and is allocated categories of cases either by the President or by the NDPP.
Rome national and international terrorism prosecutions of persons who were refused or failed to apply for amnesty in terms of the Truth and Reconciliation Commission (TRC) processes.
ensure proper management of young offend ers. SOCA acts against the victimisation of women and children, with specialised prosecutors positioned in dedicated sexual offences courts. Supporting activities operated by SOCA include its multidisciplinary Thuthuzela care centres (TCCs), recognised by the UN General Assembly as a "world best-practice model" in the field of gender-violence management and response. TCCs are one-stop facilities that have been introduced as a critical part of South Africa's anti-rape strategy, aiming to reduce secondary trauma for the victim, improve conviction rates and reduce the cycle time for finalising cases.
TCCs are in operation in, among other things, public hospitals in communities where the incidence of rape is particularly high. They are also linked to sexual offences courts, which are staffed by prosecutors, social workers, investigating officers, magistrates, health professionals, non-governmental organisations (NGOs) and police, and located in close proximity to the centres. The centres are managed by a top-level interdepartmental team comprising various role players.
advocates and attorneys - that are subject to strict ethical codes.
Advocates are organised into Bar associations or societies, one each at the seat of the various divisions of the High Court. The General Council of the Bar of South Africa is the coordinating body of the various Bar associations. There is a law society for attorneys in each of the provinces. A practising attorney is ipso jure a member of at least one of these societies, which seek to promote the interests of the profession.
In terms of the Right of Appearance in Courts Act, 1995 (Act 62 of 1995), advocates can appear in any court, while attorneys may be heard in all of the country's lower courts and can also acquire the right of appearance in the superior courts.
Attorneys who wish to represent their clients in the High Court are required to apply to the registrar of a provincial division of the High Court. Such an attorney may also appear in the Constitutional Court. All attorneys who hold an LLB or equivalent degree, or who have at least three years' experience, may acquire the right of audience in the High Court.
The Attorneys Amendment Act, 1993 (Act 115 of 1993), provides for alternative routes for admission as an attorney. One of these is that persons who intend to be admitted as attorneys and who have satisfied certain degree requirements prescribed in the Act, are exempted from service under articles or clerkship. However, such persons must satisfy the society concerned that they have at least five years' appropriate legal experience.
State attorneys derive their power from the State Attorney Act, 1957 (Act 56 of 1957), and protect the interests of the State in the most costeffective manner possible. They do this by acting on behalf of the State in legal matters covering a wide spectrum of the law.
The Bill of Rights is the cornerstone of South Africa's democracy. It enshrines the rights of all people in South Africa and affirms the democratic values of human dignity, equality and freedom.
While every person is entitled to these rights, they also have a responsibility to respect these rights.
The Bill of Rights binds the legislature, the executive, judiciary and all organs of state.
The rights contained in the Bill of Rights are subject to the limitations contained in or referred to in Section 36 of the Constitution, or elsewhere in the Bill of Rights.
equality before the law and equal protection and benefit of the law freedom from unfair discrimination the right to life the right to human dignity the right to freedom and security of the per son. Since 1994, and in keeping with the promotion of a human-rights culture, the focus is progressively shifting from an adversarial and retributive CJS to that of a restorative justice system.
The ultimate goal is victim empowerment by meeting victims' material or emotional needs. The Department of Justice and Constitutional Development has embarked on a programme of information sessions in all nine provinces to raise awareness of the Service Charter for Victims of Crime.
The Department of Justice and Constitutional Development is one of the core departments in the Justice, Crime Prevention and Security (JCPS) Cluster that has been tasked with implementing the National Crime-Prevention Strategy (NCPS). This is government's official strategy to combat, control and prevent crime. (See Chapter 17: Police, defence and intelligence.
create an effective prosecution system create an effective court system for the adjudication of cases coordinate and integrate the departmental activities of all role players involved in crime prevention.
The IJS, approved in 2002, aims to increase the efficiency and effectiveness of the entire criminal justice process by increasing the probability of successful investigation, prosecution, punishment for priority crimes and ultimately rehabilitation of offenders. A second version of the IJS was published in May 2003. Issues receiving specific attention include overcrowding in prisons and awaiting-trial prisoner problems, as well as bail, sentencing and plea-bargaining.
Government wants to eliminate duplication of services and programmes at all levels. The need for strategic alignment of cluster activities has also been raised at a series of governmental meetings and forums.
This includes establishing proper governance structures, effective monitoring mechanisms based on proper review findings and the integration and automation of the justice system. While each department within the JCPS Cluster must have its own IT plan to achieve its specific vision, mission and objectives, the IJS Board coordinates the broader and shared duty to integrate information flow throughout the CJS.
ensuring assistance from prosecutors and public defenders for child maintenance enforcing the right of children to receive support from earning parents prioritising child justice and all cases involving children, especially those in prison awaiting trial. The Child Justice Act, 2008 assists with formalising legislation and practice, many parts of which have already been successfully piloted in South Africa.
provide for related matters.
The national and provincial focus to fast-track all children awaiting trial in correctional centres and police cells has led to a reduction in children awaiting trial.
Specific interventions to address the backlog of cases pending trial include moving away from placing children who are in trouble with the law in correctional detention centres. Children awaiting trial will be placed under home-based supervision, in places of safety or in the care of parents or caregivers.
Three one-stop child-justice centres have been established in Port Elizabeth, Bloemfontein and Port Nolloth. The National Inter-Sectoral Committee on Child Justice monitors and evaluates all child-justice issues and reports to the JCPS Cluster. This forum has also been established at regional level. With the expected implementation of the Child Justice Act, 2008 in 2010, the departments have gone ahead with practical steps to improve the lives of children going through the CJS. The number of children being diverted from the CJS during the past five years has increased every year. Statistics from the NPA indicate that 19 066 children were diverted from the CJS between April 2007 and March 2008 while 8 088 children were diverted from the CJS between April 2008 and March 2009.
Legal Aid South Africa has appointed children's units to legally represent children in conflict with the law and appearing in courts. The number of children assisted in this regard increases by 20% every year.
nine to 12 months for children's cases in high courts.
The department has prioritised the planning for and implementation of the Children's Act, 2005, especially relating to the protection and care of children through children's court processes. The Department of Justice and Constitutional Development is working closely with the Department of Social Development to ensure an integrated and uniform approach to the Children's Act, 2005.
Forty-three of the 315 sections of the Children's Act, 2005 have been operational since 1 July 2007.
lowering the age of majority from 21 to 18 years of age setting the best interest of the child as standard a child's right of participation the right of access to courts for children the right to enforcement of the rights of children through courts parental responsibilities and rights rights of unmarried fathers.
The role of the Department of Justice and Constitutional Development is to ensure that courts, and especially children's courts, are capacitated to handle disputes affecting children.
To improve general service delivery in the children's courts, the department intends to continuously train the administrative personnel in children's courts, especially in view of the new legislation.
The remainder of the Children's Act, 2005, will be put into operation once the regulations to support the Act, including regulations on children's courts, have been finalised.
Section 28(3) of the Constitution provides that a child is anyone under the age of 18 years.
All children's rights are protected through court processes, and the department therefore foresees that courts will be requested to help protect and enforce children's rights in a rights-based approach.
The department also believes that approaching the courts should be a measure of last resort. The department has started consultations with the relevant role players in this regard.
The first port of call for the protection, promotion and realisation of children's rights should be the children's families, caregivers, the community and service-delivery departments.
For the abovementioned purpose, measures to resolve disputes outside the formal court procedures have also been provided for in the Children's Courts Chapter of the Children's Act, 2005, such as family-group conferences, mediation services and pre-trial conferences.
Restorative justice is a response to crime that focuses on the losses suffered by victims, holding offenders accountable for the harm they have caused and building peace in communities.
Restorative justice means the promotion of reconciliation, restitution and responsibility/ accountability through the involvement of a child, the child's parent, the child's family members, communities and all interested parties in all matters of a criminal or civil nature.
Restorative justice elements in many pieces of legislation, such as the Child Justice Act, 2008, the Traditional Courts Bill and the Children's Act, 2005, will promote the use of restorative justice in the handling of matters within and outside the criminal and civil justice systems.
The JCPS Cluster ensures that the many practical steps and programmes that have been developed during the past few years, both in government and NGO sectors, will be aligned and will have an impact towards nation-building, restorative justice and the healing of past and present wounds caused by crimes.
The South African Law Reform Commission (SALRC) finalised a report on community disputeresolution structures in 2009. The report addresses issues to be considered when establishing an effective structure for resolving community-level disputes, which will add to programmes that focus on restorative justice.
The NPA has court-preparation officials on contract who provide support to crime victims and especially abused children, in preparing them for court proceedings.
The Service Charter for Victims of Crime is expected to go a long way towards assisting crime victims and contributing to interdepartmental and cluster coordination and cooperation. The Development Committee is mandated to align and coordinate cluster activities across the various departments, with the ultimate aim of improving service delivery, policy coordination and planning.
The E-Justice Programme supports the fundamental reforms necessary to establish a more fair, accessible and efficient justice system in South Africa. The programme aims to reform and modernise the administration and delivery of justice through re-engineering work processes by using technologies, and strengthening strategic planning and management capacity, organisational development and human-resource interventions.
The E-Justice Programme has evolved into the ISM Programme, which has 25 projects in addition to the three main ones, namely the Court Process Project, Digital Nervous System Project and Financial Administration System Project. The E-Justice Programme is funded mainly by the Justice Vote and supplemented with donor funding from the European Union Commission, the Royal Netherlands Embassy and the Irish Embassy.
The Legislative Development Branch of the department administers the Constitution and over 160 principal Acts. The branch is also responsible for researching, developing and promoting supporting legislation, reflecting the basic constitutional ideals, which facilitates a justice system that is simple, fair, inexpensive and responsive to the needs of the diverse communities in South Africa.
The branch consists of three main components, namely the research activities of the SALRC, the Secretariat for the Rules Board for Courts of Law and the Legislative Development component.
Legislative Development researches, develops and promotes appropriate legislation affecting the department's line functions.
Regulation of Interception of Communications and Provision of Communications-Related Information Amendment Act, 2008 (Act 48 of 2008). The Act regulates the interception of communications and associated processes, such as applications for and authorisation of communications.
The General Laws (Loss of Membership of National Assembly, Provincial Legislature or Municipal Council) Amendment Act, 2008 (Act 55 of 2008). The Act, among other things, makes certain consequential amendments relating to the abolition of the so-called floorcrossing provisions.
NPA Amendment Act, 2008, (Act 56 of 2008). This Act repeals the provisions relating to the DSO.
Constitution 14th Amendment Act, 2008. This Act abolishes floor-crossing in the National Assembly.
Constitution 15th Amendment Act, 2008. This Act abolishes floor-crossing in municipal councils.
Criminal Procedure Amendment Act, 2008 (Act 65 of 2008). This Act provides for the postponement of certain criminal matters by audiovisual link and for the expungement of certain criminal records.
The Office of the Chief Litigation Officer provides a reliable, cost-effective and efficient litigation, advice and representation service to the State and its organs. It comprises the State Attorney, Law-Enforcement and Civil-Litigation units.
managing the state attorney services of national, provincial and local government, departments and their officials on civil and criminal matters establishing competitive and professional state-litigation services facilitating alignment of government litigation to policy strengthening in-house capacity for government litigation tracking and interacting with Constitutional Development spurned by litigation providing strategic and policy leadership to the Legal Administration division, comprising Legal Process and Law Enforcement.
The chief directorate is involved in direct liaison and negotiations at administrative and technical level with foreign states to promote international legal cooperation, and for the possible conclusion of extradition and mutual legal-assistance agreements. The chief directorate also aims to establish greater uniformity between the legal systems of southern African states, especially with the Southern African Development Community (SADC).
The chief directorate coordinates human-rights issues at international level under the auspices of the UN and the African Union.
processing requests for maintenance in terms of the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act 80 of 1963).
enhance cooperation between South Africa and the ICC.
The master's office's main divisions strive to protect the financial interest of persons whose assets or interests are being managed by others.
deceased estates liquidations registration of trusts administration of the Guardian's Fund.
Each year, the value of estates under the supervision of the masters' office amounts to about R18 billion. This includes about R4 billion in the Guardian's Fund.
act as an office of record.
In 2005, legislation to repeal the Black Administration Act, 1927 was finalised. This decision implied that the Master of the High Court takes over the powers of supervision in all deceased estates, and that all estates have to be administered in terms of the Administration of Estates Act, 1965 (Act 66 of 1965), as amended.
All intestate estates must be administered in terms of the Intestate Succession Act, 1987 (Act 81 of 1987), as amended. This ensures that all South Africans are treated equally, and that the dignity of each person is restored.
The Chief Master heads the national office and is responsible for coordinating all the activities of the masters' offices.
There are masters' offices in Bhisho, Bloem fontein, Cape Town, Durban, Grahamstown, Johannesburg, Kimberley, Mafikeng, Polokwane, Port Elizabeth, Pietermaritzburg, Pretoria, Thohoyandou and Mthatha.
High Court does not have a seat, but where workloads require the presence of at least one assistant master.
Branch: Court Services deliver services on behalf of, and under the direction of, the master. Each magistrate's court is a service point.
Each service point has at least one designated official who is the office manager or a person of equal rank. They only appoint masters' representatives in intestate estates of R50 000 or less, in terms of Section 18(3) of the Administration of Estates Amendment Act, 2002 (Act 47 of 2002).
On 26 December 2004, the Mental Healthcare Act, 2002 (Act 17 of 2002), came into effect, repealing the Mental Health Act, 1973 (Act 18 of 1973).
The new Act provides that where a person falls within the ambit of this Act, the master can appoint an administrator to handle the affairs of the person. The administrator, in this instance, replaces the appointment of a curator, as was done in the past.
The fund holds and administers funds that are paid to the master on behalf of various persons, known or unknown.
These include minors, persons incapable of managing their own affairs, unborn heirs, missing or absent persons, or persons having an interest in the money of a usufructuary, fiduciary or fideicommissary nature.
The money in the Guardian's Fund is invested with the Public Investment Corporation and is audited annually. Interest is calculated monthly at a rate per year determined from time to time by the Minister of Finance. The interest is compounded annually at 31 March. Interest is paid for a period from a month after receipt up to five years after it has become claimable, unless it is legally claimed before such expiration.
By June 2009, the management and administration of the Guardian's Fund had been automated and the former manual system was in the final stages of being phased out. The Master's Office in Pretoria was the last office to be automated. The computerisation of the administration of the Guardian's Fund aims to allow for more accurate reporting on the activities of the fund. It is expected to reduce the opportunity to manipulate the system for purposes of committing fraud and corruption.
As part of the Right-Sizing Project, initiated a few years ago to increase capacity, 600 new posts were created and filled nationally in 2007/08 and 2008/09.
The Rules Board for Courts of Law is a statutory body, which was established by the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), to review the rules of courts and to make, amend or repeal rules, subject to the approval of the Minister of Justice. Details of the Rules Board's members, representations under consideration and the draft amendments for comment can be found at www.justice.gov.za/rules_board/rules_board. htm.
The Justice College provides vocational training to all officials of the Department of Justice and Constitutional Development. It also presents training to autonomous professions such as magistrates and prosecutors. Training is integral to the department's efforts to widen and improve citizens' access to justice, enable the department to meet its strategic objectives and empower employees to heighten their performance.
The Justice College is being transformed by reviewing the governance structure, processes and systems, and revamping the curriculum to ensure that the college serves the training and development needs of all its stakeholders.
By February 2009, the college had been granted full accreditation status and was extending its scope of accreditation as a training-provider. The transformed college aims to extend training to all professionals and officials of the department, including state attorneys, masters, family advocates, registrars, court managers and interpreters, as well as all justice-sector personnel.
The college provides training in legislative drafting to officers working with legislation in the various government departments. The department recognises that well-drafted laws facilitate good governance and enhances democracy. Training is given to national, provincial and municipal officers and officers working for statutory bodies.
The training focuses on creating awareness in officers of the constitutional imperatives in legislative drafting generally, and this should minimise constitutional challenges to legislation. Focus is also put on developing policies and drafting laws that are easily understood by the target audience, thus facilitating access to justice by all. Training interpreters is a departmental priority.
The college continues presenting courses that focus on complex concepts, including but not limited to, environmental crimes; cyber crimes; the National Credit Act, 2005 (Act 35 of 2005); and developing legal terminology in indigenous languages.
The college is developing curricula on crosscutting, non-legal, but essential training programmes, such as management and leadership, project management, service excellence and general administrative training.
The role of the Family Advocate is to promote and protect the best interests of the child in civil disputes over parental rights and responsibilities.
This is achieved through monitoring pleadings filed at court, conducting enquiries, filing reports, appearing at court during the hearing of the application or trial and through providing mediation services in respect of disputes over parental rights and responsibilities of fathers of children born out of wedlock.
The Family Advocate derives its duties and obligations from the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987), and other related legislation. In certain instances, the Family Advocate also assists the courts in matters involving domestic violence and maintenance. The Office of the Chief Family Advocate is the designated central authority regarding the implementation of the Hague Convention on the Civil Aspects of International Child Abduction, to which South Africa became a signatory in 1996. Under this Act, the Chief Family Advocate assists in securing the return of, or access to, children abducted or unlawfully retained by their parents or caregivers.
The sections of the Children's Act, 2005 that came into operation on 1 July 2007 have significantly expanded the Family Advocate's responsibilities and scope of duties, as the Act makes the Family Advocate central to all family-law civil litigation. Furthermore, litigants are now obliged to mediate their disputes before resorting to litigation, and unmarried fathers can approach the Family Advocate directly for assistance without instituting any litigation at all.
In addition, children's rights to participation in, and consultation on, decisions affecting them have been entrenched and the Family Advocate is the mechanism whereby the voice of the child is heard.
Legal Aid South Africa continues to provide legal assistance to the indigent, in accordance with the Constitution and other legislative requirements.
This is done through a system of in-house outsourcing to private lawyers (a system of judicare) and cooperation partners.
Legal Aid South Africa and the SAPS are working on systems that will allow legal-aid applications to be submitted electronically from police stations, to facilitate access to legal representation and ensure that arrested people have legal representation when they first appear in court. This is expected to reduce delays caused by accused people having to find attorneys.
In 2009, Legal Aid South Africa extended its national footprint by three new justice centres (in Botshabelo, Bellville and Soshanguve) to 62 justice centres countrywide and by eight satellite offices (mostly in rural areas) to 55 satellite offices.
There is demand for civil legal-aid services in the communities of South Africa and the limited capacity to render civil legal-aid work remains one of the challenges.
For example, only 7% (30 309) of new matters taken on by Legal Aid South Africa during 2008/09 were civil matters and the rest (404 613) were criminal matters.
It has prioritised the representation of children for both civil and criminal matters. About 10,5% (45 268) of new matters taken on by the Legal Aid South Africa were on behalf of children. As a result, dedicated children's units have been established at a number of justice centres to ensure specialised representation for children.
Some of the cases investigated include long delays in pension payouts from government and parastatals; the adverse impact of a decision or policy on individuals, institutions or groups; denial of access to information; and insufficient reasons provided for a decision taken.
The President appoints the Public Protector on recommendation of the National Assembly and in terms of the Constitution for a non-renewable period of seven years.
The Public Protector is subject only to the Constitution and the law, and functions independently from government or any political party. No person or organ of state may interfere with the functions of the Public Protector.
The commission has established committees to deal with appointments, misconduct, disciplinary inquiries and incapacity; grievances; salary and service conditions; and the training of magistrates.
advising ministers and state departments on proposed legislation and recommendations.
custody of and access to minor children aspects of matrimonial property law adult prostitution the use of electronic equipment in court proceedings assisting adults with impaired decision-making capacity prescription periods the law of evidence administration orders civil action in respect of consequential dam ages arising from hoaxes. Cabinet has endorsed the SALRC's investigation into statutory law revision. This investigation is of considerable magnitude. The SALRC has identified the speedy completion of the review of pre1994 statutes with a focus on statutes that are absolute, or redundant, or that blatantly violate Section Nine of the Constitution, as priority.
trafficking in persons protected disclosures stalking customary law of succession international cooperation in civil matters administration of estates (interim report).
In terms of the Constitution, the President, in consultation with the JSC, appoints the Chief Justice and the Deputy Chief Justice, and the President and Deputy President of the SCA. The President appoints other judges on the advice of the JSC. In the case of the Chief Justice and the Deputy Chief Justice, the leaders of parties represented in the National Assembly are also consulted.
The SAHRC is a national institution that derives its powers from the Constitution and the South African Human Rights Commission Act, 1994 (Act 54 of 1994). It is also given additional powers and responsibilities by other national legislation. Since its inauguration in October 1995, the commission has taken up the challenge of ensuring that the noble ideals expressed in the Constitution are enjoyed by all in South Africa.
The SAHRC works with government, civil society and individuals, both nationally and abroad, to fulfil its constitutional mandate.
monitor and assess the observance of human rights in South Africa.
The SAHRC is made up of two sections: the commission, which sets out policy; and a secretariat, which implements policy. The chairperson is overall head, and the chief executive officer is head of the Secretariat, accountable for the finances of the SAHRC and responsible for the employment of staff.
As set out in Section Five of the Human Rights Commission Act, 1994, the SAHRC has established standing committees to advise and assist it in its work. The SAHRC appoints the members of the standing committees, each of which is chaired by a commissioner. The SAHRC has also established provincial offices to ensure its services are widely accessible.
The objectives of the Education and Training Subprogramme are to conduct training workshops, seminars, presentations and capacity-building programmes on equality, economic and social rights, promotion of access to information and other focus areas of the SAHRC. The SAHRC continues its collaboration with the SADC region.
This subprogramme implements the commission's protection mandate, deals primarily with complaints of human-rights violations in pursuance of redress, monitors the agencies of the justice system, submits recommendations and conducts hearings and public inquiries.
The CGE is one of six state institutions set up in terms of the Constitution to promote democracy and a culture of human rights in the country. The commission's role is to advance gender equality in all spheres of society and to make recommendations on any legislation affecting the status of women.
conducting research to further the objectives of the CGE. Complaints are received from the public at large and dealt with either through personal consultations, telephonically or in writing, including electronically.
The TRC was dissolved in March 2002 by way of proclamation in the Government Gazette. The TRC handed its final report to the President in March 2003. The TRC made recommendations to government in respect of reparations to victims and measures to prevent the future violation of human rights and abuses.
final reparations: the provision of a once-off individual grant of R30 000 to individual TRCidentified victims symbols and monuments: academic and formal records of history, cultural and art forms, as well as erecting symbols and monuments to exalt the freedom struggle, including new geographic and place names medical benefits and other forms of social assistance: education assistance, provision of housing and other forms of social assistance to address the needs of TRC-identified victims community rehabilitation: rehabilitating whole communities that were subject to intense acts of violence and destruction, and which are still in distress.
The TRC Unit, located within the Department of Justice and Constitutional Development, was established in 2005 to monitor, coordinate and audit the implementation of the TRC recommendations.
The TRC identified 21 769 people as victims of gross human-rights violations. Of the total identified victims, 16 837 applied for reparations. By May 2009, 15 881 beneficiaries had been paid the once-off grants of R30 000 as a final reparation.
Payments of the once-off reparation amounts are made from the President's Fund, established in terms of Section 42 of the Promotion of National Unity and Reconciliation Act, 1995 (Act 34 of 1995).
The fund is located within the office of the Chief Financial Officer in the Department of Justice and Constitutional Development.
The department has experienced some difficulties with tracing some of the beneficiaries because of incorrect or changed addresses, or in some cases, victims died.
By May 2009, there were 956 outstanding beneficiaries of which 248 were deceased and the President's Fund was attempting to establish their rightful next of kin. Government continues to search for the remaining beneficiaries.
The former Department of Education set aside R5 million for bursaries to enable the TRC identified victims and their immediate dependants to pursue their studies. Bursary forms have been sent to them to register with the relevant higher education institutions in the country. Relevant regulations have also been drafted.
The Department of Social Development has been rendering counselling services to the victims and their families countrywide in the wake of exhumations and reburials.
The Department of Home Affairs assists by issuing death certificates as symbolic reparation to families. The department has also in the past assisted in the tracing of the TRC identified beneficiaries from its database.
The Department of Health offers medical assistance to victims who were identified through the TRC process and are in need of continuous medical treatment.
The Department of Human Settlements assists by rendering preferential treatment to identified victims in line with the TRC recommendations.
As at September 2008, the TRC Unit handed over 32 remains of exhumed individuals to their families for proper and dignified reburial. These are the people who were reported missing to the TRC and assumed dead.
The handover took place at the Freedom Park, Pretoria, after the remains were exhumed and identified by the Missing Persons Task Team located in the NPA.
The responsibility of the Department of Correctional Services is not merely to keep individuals who have committed crimes out of circulation in society, or to enforce a punishment meted out by the courts, but also to correct offending behaviour in a secure, safe and humane environment to avoid repeat offending/recidivism.
However, corrections is also a societal responsibility and rehabilitation cannot be complete or sustainable without reintegrating offenders back into their communities upon their release.
The department's parole system reflects the principles of social reintegration. While the offender on parole is under the supervision of a correctional official, the community should assume a bigger role in ensuring that lasting corrections/rehabilitation takes place.
The department strives to establish new and strengthen existing partnerships with many community organisations, NGOs and the business sector to ensure that this view becomes entrenched in the fabric of South African society.
The department structurally operates within six geographic regions. This means that some of the provinces have been lumped together to form one region. The six regions are Gauteng, Limpopo/ Mpumalanga/North West, Free State/Northern Cape, KwaZulu-Natal, the Western Cape and the Eastern Cape.
In March 2009, there were 165 230 inmates in correctional service centres, accommodated in 239 facilities throughout the country.
In June 2009, two facilities were closed for renovations. There are two private prisons in South Africa. Of the 239 centres, eight are female centres, 13 are for the youth, 130 are male centres and 86 are mixed (for both females and males).
Overcrowding continues to pose a challenge and impacts on how the department functions and on its service delivery. At the close of the 2008/09 financial year, the department's facilities were overcrowded by 43,3% at an average cost of incarceration estimated at R123,37 per day.
In 2009, the actual capacity in the department's facility stood at 114 822 with 25 000 meant for awaiting-trial detainees and 89 822 earmarked for sentenced offenders.
Overcrowding has an impact on the provision of programmes in that officials are often not able to reach the targets they set. It puts constraints on building infrastructure and has created a shortage of beds, thus increasing the demand for more space. The department is implementing a strategy to address overcrowding.
The department partly manages overcrowding through the transfer of offenders between centres and releases resulting from sentence conversion. The construction of new centres should alleviate the pressure put on facilities and staff because of overcrowding.
There is an intersectoral team, the Management of Awaiting-Trial Detention Project and continued efforts to encourage the judiciary to use the Criminal Procedure Act, 1977 (Act 51 of 1977), to reduce overcrowding.
In March 2009, there were 49 477 awaitingtrial detainees and 115 753 sentenced offenders in the department's correctional centres.
The Department of Correctional Services' guiding policy is the White Paper on Corrections, which was adopted by Cabinet in 2005. Since its adoption, the department has undergone various changes that included policy review and amendment of the Correctional Services Act, 1998 (Act 111 of 1998). By mid-2009, more than 44 policies had been reviewed and aligned to the White Paper. The department has also gone a step further to ensure implementation takes place. More than 400 officials have been trained on policy development and implementation.
Between 2003 and 2009, the department was making progress in reducing the number of escapes.
In 2008, Corrections Week was launched in Pretoria.
In 2008, resolutions were taken and a pledge was signed to renew commitment for building a corrections community that will serve as a joint programme of action, at a stakeholder conference.
Nineteen pharmacists were allocated to the department to undertake community service.
Eleven computer-based training centres for offenders were established. The training forms an integral part of the subject Life Orientation within the National Curriculum Statement for grades 10 to 12 as well as the National Curriculum Vocation.
In 2008/09, the former National Youth Commission trained 217 Adult Basic Education Training facilitators on National Qualifications Framework Level Five.
During the 2008/09 financial year, 43 847 submissions for placement on parole, including placement under correctional supervision, were dealt with by the 52 national parole boards. Of the 48 967 cases that served before the boards, 41 677 were approved.
The focus of the department continues to be on improving service delivery and it has been enhancing a number of initiatives that will improve how it functions and enhance service delivery.
Service-Delivery Improvement Plan security enhancement care and development of inmates.
The department developed and launched the Integrated HR Strategy in 2007/08 aimed at establishing a framework providing for effective work organisation, recruitment, retention and development of its employees. In 2008/09, this three-year strategy was in the implementation phase and was expected to be reviewed in the 2009/10 financial year. The department recognises personnel as a critical asset for the implementation of its mandate and seeks to serve as a unifying vision to develop the department as a learning organisation with a culture of respect, service and accountability. The focus areas include recruitment and retention, training and retraining, enhancing capacity to deliver, employee relations and wellness, organisational culture, career management and organisational design.
Since its inception in 2005/06, this plan has been used as a system to monitor the performance of management areas and centres on matters that have been recurring in the findings of the AuditorGeneral's reports.
Accountability has been built into the system by requiring regional offices to submit bimonthly certifications on the progress, which is made by different management areas under their jurisdiction.
These certifications are followed by inspections, which are quantified and recorded to monitor the performance trends of each management area and centre falling under it. Performance trends are used in the performance assessments of different regional and area commissioners. The results of these inspections are also used in quarterly progress reports to the department's Risk-Management Committee and Audit Committee.
Since 2006/07, the overall improvement in compliance had moved from 79% to 84% in 2007/08. The challenge of non-compliance has entrenched itself over some time in the department but management is determined to change the situation around within a reasonable period. Compliance Improvement Plan inspections are monitored by the Risk-Management Committee.
The Risk-Management Committee, established in 2002, meets on a quarterly basis to assess the risks and progress on the mitigation of identified risk in the department. The Risk-Management Committee functioned effectively throughout the 2008/09 financial year and created a sound appetite for risk management.
Quarterly risk-mitigation reports generated from each meeting on the 2008/09 Significant and Prioritised Risk Profile were presented to the Executive Management Committee and focused on recommendations to enhance the mitigation of each risk.
The Risk-Management Committee will be focusing on the 14 prioritised risks of the 2009/10 Corporate Risk Profile.
The department has identified eight projects to deliver on its mandate as per the White Paper on Corrections. The aim of these projects is to prioritise objectives and deliver them within a period of one to 10 years.
infrastructure development: to procure and manage new facilities and maintain all facilities social reintegration: to strengthen the support system for the reintegration of the offenders into communities offender rehabilitation path: to conduct an analysis of the identified centres in terms of infrastructure, HR, policies, procedures and budget to implement the offender-rehabilitation path requirements in the centres security enhancement: to improve the safety of offenders, personnel, service-providers and the public through improved safety and security management of awaiting-trial detainees: to improve the safety of remand detainees and Cabinet mandate proposals for strategic decision-making on the management of remand detainees in the department monitoring, evaluation and reporting: to develop a monitoring, evaluation and reporting system for the department seven-day establishment and job refinement: to provide HR capacity in the centres to align the department to the seven-day work week centres of excellence: to provide holistic, integrated and needs-based services aimed at producing socially responsible persons.
Other projects involve improvements in management and control over all critical challenges that could have a significant impact on rehabilitation. This is done through competent rehabilitationorientated personnel who are recruited, trained, retrained and developed.
The department identified service-delivery improvement projects, which rolled over in April 2009 and will continue until March 2012.
improving the scheduling of visitations to offenders to support family ties between offenders and their families.
Security continues to receive attention as one of the core pillars of the department's legal mandate.
As a continuation of the process of upgrading security at correctional centres, the installation of security fences with motion detection and CCTV monitors at 46 correctional centres were completed.
Special focus was also placed on ensuring adherence to security measures and procedures by staff through increased management interventions, security-compliance inspections and special security operations, which further contributed to a more secure environment with a further decrease in escape figures.
The department continues to improve the healthcare of inmates.
In 2007/08, four facilities were accredited for the provision of antiretroviral treatment, bringing to 16 the total number of facilities accredited.
The implementation of the Occupation Specific Dispensation for nurses will also ensure availability of suitably qualified nurses to take care of the health of inmates and assist in the retention strategy in relation to nurses.
In 2008, the department entered into a mass literacy programme partnership with the Department of Education to address illiteracy in the country. The programme is themed Kha Ri Gude, a Tshivenda expression meaning "let us learn".
By March 2009, 3 378 offenders in correctional centres countrywide were actively participating in the programme. The department also introduced the Early Childhood Development Programme in 2008 to the babies of incarcerated mothers. By March 2009, 27 babies aged between 0 to two years participated in the programme.
Public Protector South African Law Reform Commission www.dcs.gov.za www.financialmail.co.za www.gov.za www.idasa.org.za www.southafrica.
Bizos, G. 2007. Odyssey to Freedom. Johannesburg: Random House.
Bruyns, H. 2007. Correctional Services Management I and II. (DVD). Pretoria.
Dawes, A et al (eds). 2007. Monitoring Child Well-Being: A South Africa Rights-Based Approach.
Town: Human Sciences Research Council (HSRC) Press.
Gibson, JL. 2009. Overcoming Historical Land Injustices in South Africa. New York: Cambridge University Press.
Joubert, JJ (ed). 2008. Essays in Honour of CR Snyman = Huldigingsbundel vir CR Snyman. Pretoria: University of South Africa (Unisa) Press.
Meierhenrich, J. 2008. The Legacies of Law: Long-Run Consequences of Legal Development in South Africa, 1652 - 2000. Cambridge: Cambridge University Press.
Mofokeng, LL. 2009. Legal Pluralism in South Africa: Aspects of African Customary, Muslim and Hindu Family Law. Hatfield, Pretoria: Van Schaik.
Skelton, A and Tshehla, B. 2008. Child Justice in South Africa. Pretoria: Institute for Security Studies.
Sloth-Nioelsen, J and Du Toit, Z (eds).2008.
International, African and South African Child and Family Law. Cape Town: Juta Law. Wells, JC. 2007. Rebellion and Uproar: Makhanda and the Great Escape from Robben Island, 1920. Pretoria: Unisa Press.
<fn>GOV-ZA.2009ChildLawKznEn.2012-02-10.en.txt</fn>
This conference aims to promote the three new pieces of legislation on Child Law recently promulgated in South Africa, namely, the Sexual Offences Act; the Children's Act and the Child Justice Act. These Acts introduce a paradigm shift towards greater recognition of the rights of the child and give substance to the principles of the 'best interests of the child' and 'child participation'. The conference will bring together implementers of the legislation from the various government departments; NGOs; the legal fraternity and legal academics as we begin to grapple with the challenges that present themselves in giving effect to the legislation.
In keeping with going green to save the planet for our children we are pleased to announce that the Child Law Conference 2009 in KZN will be an eco-friendly green Conference. We have done away with cumbersome conference satchels and voluminous folders of conference papers. All registered delegates will instead be given online access to Conference papers and materials one week ahead of the Conference and up to one month after the Conference on our Conference website. As a record of the Conference, delegates will also receive a CD-Rom of conference papers.
Orders that the Children's Court can make.
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<fn>GOV-ZA.2009CustomerSatisfactionSurveyResultsEn.2012-02-10.en.txt</fn>
You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page.
The City of Tshwane conducted a customer satisfaction survey in 2009 to measure the satisfaction of residents with core municipal services as well as with overall service delivery.  More than 40% of household respondents reported that they were satisfied with the services rendered.  The survey was done amongst households, business and embassies.  As a follow up, the City of Tshwane is in the process of conducting the 2011 satisfaction survey in all wards.
Copyright © 2009-2010 City of Tshwane. All Rights Reserved.
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Deputy Minister of Justice and Constitutional Development since 11 May 2009.
Member of Parliament for the African National Congress (ANC) since 1994.
Served on the Portfolio Commitees on Justice & Constitutional Development, Correctional Services, Health, Home Affairs, Communications; the Standing Committee on Public Accounts (Scopa); various Ad hoc committees as well as internal parliamentary committees such as the Rules, Joint Rules and Programme Committees, the Chief Whips' Forum and Parliamentary Oversight Authority.
Served on the Constitutional Assembly committee dealing with the judiciary and legal system.
B Civil Law from the University of Pretoria.
Co-ordinator: National Legal & Monitoring Team, ANC National Elections Team.
Member of the National Executive Committee of the ANC Youth League (1996 - 2001).
Co-ordinator of Lawyers for Human Rights' Capital Punishment and Penal Reform Project (1990 - 1994).
Member of  ANC structures at branch and regional level in the Pretoria area.
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The Commission has approved the publication of a discussion paper on adult prostitution for public comment. The primary aim of the Discussion Paper is to consider the need for law reform in relation to adult prostitution and to identify alternative policy and legislative responses that might regulate, prevent, deter or reduce prostitution. A secondary aim is to review the fragmented legislative framework which currently regulates adult prostitution and enhance alignment with international human rights obligations for the country. Under South African legislation voluntary selling and buying of adult sex as well as all related acts are currently all criminal offences.
The Discussion Paper has three parts. Firstly, the Commission discusses the social and legal context of prostitution. Here it discusses a range of legal, social and economic factors that are relevant to the question of whether to reform the law relating to adult prostitution. Secondly, the Commission engages in an extensive comparative analysis to look at how other countries have addressed prostitution in their laws. Thirdly, the Commission makes general proposals in preparation for reforming the law on prostitution and proposes four alternative legal models that might be employed in South Africa.
Repeals the Sexual Offences Act.
Repeals sections 11 of the Sexual Offences Amendment Act.
Enacts a new Adult Prostitution Reform Act1 which may include or exclude provisions of the Sexual Offences and Sexual Offences Amendment Acts.
If required in the new legislation, develops new terms and definitions for archaic terms.
This is just a working title for ease of reference and the Commission does not propose a name for the new Act in this Discussion Paper.
All of the proposed options presuppose the criminalisation of under-aged and coerced prostitution and trafficking of people for the purpose of prostitution.2 The criminalisation of coerced adult prostitution must be included in the option which is ultimately recommended in the report.
The release of the discussion paper on adult prostitution will be followed by a report on adult prostitution. The report on adult prostitution will contain the final recommendations of the Commission and will be accompanied by legislative proposals pertaining to adult prostitution. The report and the Bill will, once approved by the Commission, be handed to the Minister for Justice and Constitutional Development for consideration.
The aim of the discussion paper is to elicit comments which will be used to assist the Commission in preparing a report and draft legislation. All options presented in the Discussion Paper include a set of questions that seek to elicit public inputs that will shape legislative proposals to be included in the report on prostitution.
Attached to this media statement is a copy of the summary of the discussion paper.
Further copies of the summary on adult prostitution are available free of charge from the office of the Law Reform Commission.
3929540 or fax (012) 320 0936.
The closing date for comment on this discussion paper is 30 June 2009.
The legislature has recently revised and severely sanctioned commercial sexual exploitation of children and trafficking of children and adults for sexual purposes in sections 141(1)(b) and 305(5) of the Children's Act. Nothing proposed in this Act affects the provisions in the Children's Act.
The Secretary S A Law Reform Commission Private Bag X668 PRETORIA 0001 Telephone: (012)392-9540 Fax: (012)320-0936 E-mail: dclark@justice.gov.za Internet: http://salawreform.justice.gov.
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The Tsitsikamma National Park, forests and rivers.
Also known as the Zulu Kingdom, KwaZulu-Natal is a combination of natural wonders, fascinating culture and ultra-modern facilities.
The Hluhluwe-Umfolozi Park, one of the largest game parks in South Africa, is home to, among other things, the Big Five.
The Royal Natal National Park offers many scenic highlights, including the Amphitheatre, Mont-aux-Sources and the Tugela falls.
Alkant beach, Richard's Bay (new).
Cape Town has earned a stamp of approval from the wellknown travel company, Lonely Planet, as one of the world's top 10 party cities. This list is part of Lonely Planet's new guide, the 1 000 Ultimate Experiences.
The Bushmans Kloof Wilderness Reserve, in the Western Cape's Cederberg Mountains, was rated the world's best hotel in 2009 by Travel&Leisure magazine.
<fn>GOV-ZA.2009EnglishQuestionnaireEn.2012-02-10.en.txt</fn>
This questionnaire should be The items listed under subheadings 'Include' and 'Exclude' completed by or on behalf of are only examples and should not be taken as a complete list of farmers who operate their own items to be included or excluded. farm, work on a rented farm or on If exact figures are not available, please provide estimates. land farmed on shares.
Please indicate the ownership of the farming unit.
2008 and 28 February 2009.
Please indicate the period covered by this questionnaire...
If you conduct farming activities in two or more provinces, please request separate questionnaires in respect of the farming operations in each province. If more than one questionnaire is submitted, please ensure that no duplication takes place.
In which province is the farm situated (mark with X?
Particulars of the principal farmer/farm operator a.
Surname and name.
Telephone or cellphone number.
Fax number E-mail address.
The data are collected on farming unit basis. A farming unit consists of one or more farms, holdings or pieces of land, whether adjacent or not, operated as a single unit and situated within the same province.
The cultivation, in the open air or under cover, of field crops, fruit, grapes, nuts, seed, bulbs, vegetables, plants or flowers. -The operation of a tea, coffee and/or sugar plantation. -The breeding of livestock, poultry, game or other animals, including freshwater fish, furred animals, and trade in livestock.
The production of milk, wool, fur, eggs or honey.
All current expenditure incurred in connection with farming operations should be shown in Part 6A. Capital expenditure, such as fixed costs incurred with new orchards and plantations, should be shown in Part 7.
The value of products and livestock sold, but for which payment has not yet been received should be included in amounts shown.
Gross farming income = total turnover before deductions.
Field crops produced during the various production seasons (harvest years) that ended not later than 28 February 2009 (e.g.
Other field crops (e.g. barley, dry beans, lucerne, etc.).
Total gross income earned from field crops (Question 5 to Question 8).
Fruit (including table grapes).
Viticulture (for wine making).
Other horticultural products (e.g. nuts, tea, flowers, etc).
Total gross income earned from horticultural products (Question 10 to Question 13).
1101-E Note: Sales of live animals and slaughtered animals should be recorded separately.
Other animals.
Animal products (milk, eggs, wool, etc.).
15 to Question 22.
Other income received for services rendered to other farmers (such as Rand ploughing, harvesting , threshing, baling, picking, spraying, shearing and transport), leasing of farming equipment, salaries and pensions, etc..
Other income (e.g. rent on land, interest, dividends, rebates, agri-tourism, forestry, farm-based retail stores, processing and small manufacturing enterprises).
Profit on sale or realisation for cash or revaluation of assets at a value higher than the book value, if credited.
Redemption, liquidation or revaluation of liabilities at a value lower than the book value, if credited.
Total (Question 24 to Question 27).
Fertilisers purchased (both manure and inorganic fertilisers).
Fuel, lubricants and grease purchased.
Insurance premiums.
Interest paid on mortgages and on money borrowed.
Licence fees paid for vehicles, trucks, trailers, tractors, etc..
Losses from the redemption, liquidation or revaluation of liabilities at a higher value than book value, if debited.
Losses on foreign loans as a result of variations in foreign exchange rates.
Membership or affiliation costs (subscriptions).
Operating, leasing and hiring of plant, machinery, equipment and vehicles.
Packing materials purchased.
Payment of tax (e.g. council levies) - exclude VAT and income tax.
Plant/animal health services (plant pathologists and veterinary services).
Property rates paid to municipalities.
Protective clothing purchased for farm employees.
Remedies purchased for combating diseases and pests in livestock, poultry and aquaculture, such as dips, dosing remedies, disinfectants and vaccines.
Remedies purchased for forage, field and horticultural crops, such as insecticides, fungicides, weed-killers and preparations for treating seed.
Rental, usufruct and grazing rights paid for land (including payments in respect of land farmed on shares).
Repairs and maintenance on farm property.
Research costs.
Seed, seedlings, seed potatoes and other plant material purchased (excluding vine cuttings and plant material for plantations and orchards).
Security services (if applicable) to safeguard the farm and maintenance costs of security systems.
Services rendered by contractors, cooperatives, co-farmers, etc. (e.g. ploughing, harvesting, threshing, baling, picking, spraying and shearing).
Stock, poultry and aquaculture feed purchased.
Telecommunication services (e.g. internet charges, telephone and facsimile).
Transport of your agricultural products.
Water purchased.
Other farming expenses (excluding purchased assets - e.g. livestock - salaries and wages). Specify the most important items:.
Animals (e.g. cattle, sheep, poultry, ostriches, aquaculture and game).
Additional agricultural products (e.g. milk, eggs) purchased in combination with own/established products to reach or satisfy a specified quota.
Total purchases (Question 76 to Question 77).
Part 7 - Book value of property, plant and equipment and intangible assets for the financial year ended 28 February 2009 79.
Agricultural sample survey now requires you to report the BOOK VALUE of assets and NOT the market value as in the past.
Book value for land includes residential, non-residential and construction works, roads and parking.
Type of asset (i) Book value at beginning of financial year according to balance sheet (ii) Rand Capital expenditure on erection of new buildings and works; additions to and alterations of existing buildings and works; work in progress capitalised; new plant and machinery; used plant and machinery if imported by you or on your behalf (whether paid to outside contractors/concerns or done by your enterprise itself) (iii) Rand Capital expenditure on the acquisition of land; existing buildings and works; and used plant, machinery and vehicles; and transfers-in (iv) Rand Sales of assets(-),and revaluation and other adjustments to book value (v) Rand Depreciation during the year (not accumulative depreciation) (vi) Rand Book value at the end of the financial year according to balance sheet (vii) Rand a. Land.
b. Residential buildings.
c. Non-residential buildings.
d. Construction works, roads and parking areas.
e. Computers, IT, furniture and other office equipment.
f. Motor vehicles, tractors and other transport equipment.
g. Plant, machinery, and implements (used for farming activities).
h. Plantations.
i. Other assets, e.g. livestock (specify).
j. Total.
Lifting and stealing of tools, farm implements, machinery and electrical appliances.
Damage to buildings and vehicles because of burglary.
Pilfering and stealing crops and other products.
Veld and forest fires and natural disasters.
Other (specify).
Total value of losses suffered (other than through fire) during the financial year due to disasters and accidents (including drought, pest and diseases, floods, etc.
Products (livestock, crops and aquaculture).
Buildings and equipment.
Other (e.g. dams). Specify.
Total value of losses of production due to absence (based on man-days) arising from injury or dealing with the consequences of crime.
Total value of losses due to predators during the financial year.
Total losses (Question 80 to Question 83).
<fn>GOV-ZA.2009FamilyAdvShareExpertiseEn.2012-02-10.en.txt</fn>
outh African Family Advocates will now meet annually to shareexperience and expertise on theirwork. This decision came about at the inaugural Family Advocate Conference, on 22 to 24 January, themed "The Dawn of the Children's Act". About 190 Family Advocates attended the conference.
The conference aimed to build upon the Public Sector's servicedelivery pledge, which is in theBatho Pele principles. This con ference will define essential and actual questions to debate new ideas about what should be done to inform future policies in the field of Family Law and Practice. Futureconferences will further give fulleffect to the Constitutional Rights of children.
Seabi said "This is the first of its kind. We hope to do it annually. We decided to bring professionals inthis industry to discuss issues suchas the Children's Act."
Principal Family Advocate Brenda Makganyoha, programme directorof the second day of theconference.
good work. It takes more than a qualification to do what you are doing. You were not appointed by chance.
Your appointment gives you the opportunity to plough back to thecommunity." She explained that the Department is doing a lot of excellent work which can be showcased to the world. "I encourage you tolove your jobs, as this will makeyou go further."
Mrs Shabalala motivated everyoneto follow Mahatma Gandhi's words,"Be the change you want to see inthe world."
The Office of the Family Advocate assists people to reach agreements on disputed issues such as childcustody, access and guardianship. These services are rendered to the public for free. The Department has prioritised the capacitating and training of FamilyAdvocates.
Upon application by the parties, the Family Advocate institutes an inquiry during which the Family Advocate, assisted by a family counselor (normally a trainedsocial worker), interviews the parties to ascertain theirpersonal circumstance and the background details totheir matter. The Family Advocate then interviews the child to allow them the opportunity to be heard.
This prevents the child from having to appear in court. The Department has prioritised the capacitating andtraining of Family Advocates. A total of 25 offices, nationally are now in operation to increase accessibility toservices of Family Advocates. The Department noted that in family matters the argumentative methods ofresolving disputes promote hostility in the familystructure. These impact on children phycologically, especially in the termination of a marriage.
To address this, mediation services and restorative justice programmes are being promoted to strengthensocial cohesion with emphasis on building family unity in the fight against crime. The Family Advocate has succeeded in extending services to all the Lower- andHigh Courts in the country as well as the provision ofmobile periodical services in rural areas.
<fn>GOV-ZA.2009Gg32690R1055InsolcyEn.2012-02-10.en.txt</fn>
Under section 153(1)bis of the Insolvency Act, 1936 (Act No.
(a) The fees referred to in item 1 shall be assessed by the Master and shall be payable on or before a date determined by the Master in the manner as determined administratively by the Director-General: Justice and Constitutional Development. Proof of such payment shall be submitted by the trustee to the Master.
The fees referred to in item 2 shall be payable in the manner as determined administratively by the Director-General: Justice and Constitutional Development and proof of such payment shall be submitted to the Master together with the written request for the rendering by the Master of the service in question.
This amendment shall come into operation on 5 November 2009.
<fn>GOV-ZA.2009Gg32690R1056TrustsEn.2012-02-10.en.txt</fn>
The Minister of Justice and Constitutional Development has, under section 24 of the Trust Property Control Act, 1988 (Act No. 57 of 1988) made the regulations in the Schedule.
In this Schedule "the Regulations" means the regulations published by Government Notice No. R. 1540 of 13 August 1993.
The fee which is payable to the Master in terms of section 4 of the Act at the lodgement of a trust instrument shall be R100 in respect of each trust instrument, which shall be payable in the manner as determined administratively by the Director-General: Justice and Constitutional Development and proof of such payment shall be submitted to the Master together with the trust instrument which shall be retained by the Master.
The fee which is payable to the Master in terms of section 18 of the Act for a certified copy of any document under his or her control relating to trust property shall be R4,50, which shall be payable in the manner as determined administratively by the Director-General: Justice and Constitutional Development and proof of such payment shall be submitted to the Master together with the written request of, or rendering by, the Master of the service in question.
This amendment of the Regulations shall come into operation on 5 November 2009.
<fn>GOV-ZA.2009Gg32690R1057EstatesEn.2012-02-10.en.txt</fn>
The Minister of Justice and Constitutional Development has, under section 103 of the Administration of Estates Act, 1965 (Act No. 66 of 1965), made the regulations in the Schedule.
In this Schedule "the Regulations" means the regulations published by Government Notice No. R. 473 of 24 March 1972, as amended by Government Notices Nos. R. 817 of 13 May 1977, R. 1209 of 13 June 1980, R. 2542 of 20 November 1981, R. 2482 of 1 November 1985, R. 655 of 11 April 1986, R. 2738 of 11 December 1987, R. 610 of 31 March 1989, R. 1208 of 9 June 1989, R. 1921 of 17 August 1990, R.
R. 1627 of 12 July 1991, R. 1539 of 13 August 1993, R. 64 of 14 January 1994, R.
R. 365 of 7 March 1997 and R. 1002 of 12 October 2001.
"(2) The fees referred to in subparagraph (1) shall be assessed by the Master and shall be payable in the mariner as determined administratively by the Director-General: Justice and Constitutional Development. Proof of such payment shall be submitted by the executor or curator to the Master."
"(2) The fees referred to in subparagraph (1) shall be payable in the manner as determined administratively by the Director-General: Justice and Constitutional Development and proof of such payment shall be submitted to the Master together with the written request for the rendering by the Master of the service in question.".
<fn>GOV-ZA.2009HagueEn.2012-02-10.en.txt</fn>
ver the past ten years, moreSouth Africans became married but both the marriage andthe divorce rates have fluctuated, according to Statistics South Africa figures released in August 2008.
Africa in 2006 - the latest available figures - an increase of 26 percentfrom 10 years ago.
A total of 30 242 children were affected by divorce in 2006.
As the country and economychange, many parents are workingabroad, some of whom leave children behind, while others emigratewith their dependents. Divorced /separated parents come to careand visitation agreements in thisregard, when matters are dealt withamicably. However in other cases, parents do not see eye to eye and one will flee the country with the child. In some instances parentsresort to self-help by relocatingchildren to a jurisdiction where theyhope for a favourable outcomein either divorce, care or contactproceedings.
These are cases of Parental Abduction. Because of different laws, cultural views and perceptions ofmen's and women's role in society, Parental Abduction cases are challenging.
Hague Convention of 25 October1980 on the Civil Aspects of International Child Abduction.
By doing so, those countries haveincurred certain obligations, similarto that arising out of a contract.
This is a treaty designed to expedite the return of children back to their country of habitual residence, in cases where they have beenwrongfully removed.
Habitual residence sometimes differs /or from citizenship and nationality.
The Convention is not only aboutreturn, but through Article 21 also makes provision forcontact, removal of obstaclesthat may prevent effectiveexercise of parent-child contact. Central Authorities are duty-bound as with returnapplications to perform dutiesemanating from Article 21.
The Hague Convention aims tocurb international abductions of children by providing judicial remedies to those seeking the returnof a child who has been wrongfullyremoved or retained. It provides a simplified procedure for seeking the return of a child to his/her country of habitual residence. It should be noted that purpose of the speedyreturn is to place the child in thejurisdiction of a court that is bestapprised to deal with the merits ofthe parental dispute.
As a matter of fact, the child canremain in the care of the abducting parent, if they choose to returntogether with the child.
3.at the time of removal, petitioning parent was exercisingthose rights.
Chief Family Advocate Petunia Seabi is an expert on such matters. She explains how SouthAfrican law deals with cases of Parental Abduction, using the Hague Convention and the Children's Act as points of departure.
Q: What can South African parents do when a former spouse has abducted a child and taken them abroad?
The left behind parent should try as much as possible to establish the details of the departure and destination of the abductingparent and/or the child.
Chief Family Advocate or the Central Authority of the country where the child has been abducted to. The abducted child must be below sixteen years of age.
Original/certified copies of setting out cutody/guardianshiprights. Examples of these are marriage certificate, courtorders granting the alleged rights, unabridged birth certificates, etc.
The left behind parent will also be required to complete a prescribed form which is used by central authorities in most of the contracting countries.
Q: What are the steps taken in recovering an abductedchild, in terms of the Hague Convention and SA Children's Act?
The RSA Central Authority immediately after receipt of the necessary documents considers the legal aspects of the requestas well as the Convention status of the country to which thechild has been taken. If the child has been taken to a contract ing country and all legalities have been satisfied, the C.A. will compile a bundle and forward the application to the foreignC.A, requesting prompt return of the child. The procedure does not apply where a child has been taken to a non-Conventioncountry.
All C.A.'s are required by the Convention to take steps to obtain a voluntary return of the child. This is done through cross-border mediation. Litigation is resorted to in the event that the mediation fails. This approach is also consistent with the general principles set out in the Children's Act, namely, that in any matter concerning a child 'an approach which is conducive to conciliation and problem-solving should be followed'.
It is however, important that the left-behind parent alert the Central Authority to the possibility of further movement/possible harm to the child, should the abducting parent know of theapplication for return. In such cases the C.A. will take steps toobtain an urgent court order to prevent further movement of, orpossible harm to the child.
Q: How does the Hague Convention on the Civil Aspects of International Child Abduction relate to custody rulings made in South African civil courts?
Two scenarios arise in this regard. First, an order granting custody can be used as proof of parental rights by the parentseeking return of their abducted child. Second, is where anabductor seeks an order in the RSA court, which will have an effect of ratifying the wrongfulness of the removal or retention of the child in S.A. In this case the Central Authority will invoke article 16 of the Convention to stop/suspend the proceedings untila decision has been made on the return of the child to his/hercountry of habitual residence. The judicial authorities/courts of a contracting state to which a child has been taken or retained arerequired by the Convention not decide on the merits of custodyrights until a determination has been made that the child will notbe returned.
Q: There are limitations to the treaty's application, in thatthe Convention applies only between countries that haveadopted it as "Contracting States." What are the procedures for recovering a child from a non Contracting State?
From a South African perspective, it is advisable that the leftbehind parent obtain an order through the normal civil procedures, that declare the removal/retention of the child unlawfuland a breach of their parental rights. Once such an order hasbeen obtained, the left behind parent must obtain a mirror orderor an order for enforcement in the foreign jurisdiction whichalso orders return of the child.
January/February 2009 Justice Today l 25 it involves the instruction of lawyers inforeign countries. For this reason, theHague Conference on Private International Law is taking steps to encourageother countries to consider contractingunder this Convention.
Q: What are the countries whichsubscribe to the Hague Convention?
Most European, Commonwealth countries and the USA. In Africa, the RSA, Mauritius and Zimbabwe only. The latter has however not designated a centralauthority. We need to take urgent steps to encourage the countries with which weshare national borders as well as other African states to enter into mutual child protection agreements, given the vastnumbers of minor children moving acrossour respective borders, some even unaccompanied or without any form of adultsupervision.
Q: If the parent who has taken achild overseas feels that the parent inSouth Africa is abusive, a danger to the child or cannot provide adequatecare; how do they go about defendingtheir actions, in terms the Hague Convention and SA Children's Act?
The Convention makes provision for theabducting parent to oppose the application for return. Where the abductingparent establishes that there is a graverisk that the return sought will expose thechild to physical, psychological harm, orwould place the child in intolerable situation, then the court hearing the application is not bound to order return. It should be noted that mere allegations of graverisk will not persuade a court to refusethe return; it must be shown that the riskis a serious or that the envisaged harm is of significant proportion.
Q: Are there timeframes that apply under the Hague Convention on theCivil Aspects of International Child Abduction?
Among the most popular defences thathave been raised in return applicationsis that the child objects to the return. Insuch instances, an assessment must bemade, usually through the assistanceof a Family Counsellor or psychologist, whether the child possesses sufficient maturity to form a viewpoint that the court may consider. The child's reasons for the objection will also be examined in order to exclude possible influence by the abducting parent.
Some of the defences available are that the removal was not wrongful, that theleft behind parent was not exercising his/her parental rights at the time of removalor retention, or that the left behind parenthad agreed or subsequently acquiescedto the removal/retention.
Where available evidence indicates that the child has become settled in the new environment the court may not necessarily order a return.
In cases where a child's return would be contrary to the RSA's fundamental principles relating to protection of human rightsand fundamental freedoms, our courts are courts are also under no obligation toorder return.
Children who have attained the ageof 16 years are not covered by theConvention.
If a child has been wrongfullyremoved for less than one year, the child's removal is to be ordered forthwith under the Convention. The Convention makes it mandatory forthe judicial authority to order return.
If a child has been wrongfully removed for more than one year, the child should still be returned but an exception is allowed -a court maychoose not to return the child if there is evidence that the child is settled in his/her new environment. The court has a discretion to order/refuse thereturn.
Courts and administrative authorities should act quickly in such cases butif one has not reached a decision within six weeks from the date proceedings commenced, an applicantor the Central Authority of the requested State may officially requesta reason for the delay.
The Convention only applies towrongful removals/retentions occurring after the treaty became effective between the involved countries.
Generally, the Convention requires that countries act without delayin child abduction cases that fall within its parameters. It is one ofthe objectives of the Conventionto protect children internationallyfrom the harmful effects of wrongful removal or retention and to establish procedures of ensuring promptreturn of children to their countryof habitual residence. The aim is to ensure that a competent court in thecountry of habitual residence decideon the merits of custody, access and even permanent removal to anothercountry.
This is based on the premise thatcourt in the country of habitualresidence is better apprised to obtainall relevant evidence regarding themerits of custody, care and contact and in a better position to grant anorder that will be in the best interests of and/or least detrimental to thewelfare of the child. For this reason, the Hague Convention is deemedto be consistent with our applicablelaws and the Constitution, throughaffording the best interests of the child paramount importance.
<fn>GOV-ZA.2009Ip27Pr126MediaEn.2012-02-10.en.txt</fn>
The Commission has approved the publication of an Issue Paper on electronic evidence for public comment. The Issue Paper has attempted to draw attention to issues for law reform with regard to matters relating to admissibility of electronic evidence in criminal and civil proceedings. In relation to the longer term objectives of the project, this preliminary research paper has set out to identify shortcomings in the evidential provisions of the Electronic Communications and Transactions (ECT) Act 25 of 2002 and to define a possible scope for further investigation.
The Issue Paper, which reflects information gathered up to the end of January 2010, contains a preliminary survey of the current legal position which is intended to form the basis of the Commission's further investigation and consultation on the issue of the use of electronic evidence in criminal and civil proceedings. As a result, this paper does not contain clearly defined recommendations for law reform. The views, conclusions and recommendations in this paper are accordingly not to be regarded as the Commission's final views. Submissions on this Issue Paper coupled with further intensive research will form the basis for a Discussion Paper which is to follow. The Discussion Paper will contain the Commission's preliminary recommendation for law reform, comparative studies and draft legislation.
The Issue Paper raises a number of issues concerning the ECT Act 25 of 2002 and formulates a number of questions on specific areas for reform to stimulate debate.
Are the provisions in the ECT Act 25 of 2002 sufficient to regulate the admissibility of electronic evidence in court proceedings Given that the ECT Act 25 of 2002, including the approach of evidence provisions in section 15, is largely based on an electronic commerce Model Law (that only applies to commercial activities), should the evidence provisions relating to the use and admissibility of electronic evidence in criminal and civil proceedings be regulated outside the provisions of the Act?
Should the current definition of "data message" in the Act be revised Should the ECT Act 25 of 2002 or other legislation relevant to admissibility of electronic evidence in criminal proceedings include a definition of "electronic", "copy" and "original"?
In view of technological developments, should the ECT Act 25 of 2002 be amended to extend its sphere of application to the laws mentioned in Column A of Schedule 1 (namely, the Wills Act 1953; Alienation of Land Act 1981; Bill of Exchange Act 1964; and Stamp Duties Act 1968), specifically including the excluded transactions mentioned in Schedule 2 (namely, agreement for alienation of immovable property; agreement for long-term lease; execution, retention and presentation of a will; and execution of a bill of exchange)?
Should the distinction between "advanced electronic signature" and "electronic signature" as used in the ordinary sense be abolished in the ECT Act 25 of 2002?
In view of developments in biometric technology, should physiological features of biometrics (such as, but not limited to, fingerprint, iris recognition, hand and palm geometry) be included in the ECT Act 25 of 2002 as a form of assent and electronic identity?
Should section 15 of the ECT Act 25 of 2002 prescribe that a data message is automatically admissible as evidence in terms of section 15(2) and a court's discretion merely relates to an assessment of evidential weight based on the factors enumerated in section 15(3) Should a "data message" constitute hearsay within the meaning of section 3 of the Law of Evidence Amendment Act 45 of 1988?
What is the effect of section 15(1) on other statutory exceptions such as section 221 (admissibility of certain trade or business records) and section 222 (application to criminal proceedings of certain provisions of Civil Proceedings Evidence Act 25 of 1965) of the Criminal Procedure Act; and Part VI (documentary evidence) of the Civil Proceedings Evidence Act 25 of 1965?
In view of the fragmented nature of case law focusing on authentication of specific types of evidence, is a review of the principle of authentication necessary in view of the nature and characteristics of electronic evidence that raise legitimate concerns about its accuracy and authenticity While section 15(3) provides guidelines for assessing the evidential weight of data messages, should courts apply a higher admissibility hurdle in the context of authentication (as an aspect of relevance) for electronic evidence than for other forms of tangible evidence?
Should section 15(4) be reviewed to give a restrictive interpretation to the words "in the ordinary course of business" Should section 15(4) as applicable in criminal cases be reviewed in view of the current law on reverse onus provisions?
A Presumption of Regularity?
Should the law of evidence prescribe a presumption of regularity in relation to mechanical devices (involving automated operations such as speedometers and breathe testing devices) The project leader for the investigation is Professor PJ Schwikkard, University of Cape Town. The Commission's researcher is Ms Nerisha Singh?
The Issue Paper will be made available on the Commission's website at the following address: http://salawreform.justice.gov.za/ipapers.htm. Hard copies of the Issue Paper are available free of charge from the Commission's offices (contact Mr JD Kabini on telephone 012 3929580).
The closing date for comment on this Issue Paper is 30 June 2010.
Private Bag X668 E-mail: nesingh@justice.gov.za PRETORIA 0001 Respondents are not restricted to the issues and questions raised in this Issue Paper and are welcome to draw other relevant matters to the Commission's attention.
E-MAIL: NeSingh@justice.gov.
<fn>GOV-ZA.2009No44Gg32367ConstitutionSec97En.2012-02-10.en.txt</fn>
In terms of section 97 of the Constitution of the Republic of South Africa, 1996, I hereby transfer the administration and powers and functions entrusted by the specified legislation, and all amendments thereto, to the specified Cabinet member as set out in the Schedule in English and isiZulu with effect from the date of publication of this Proclamation in the Gazette.
Given under my Hand and the Seal of the Republic of South Africa at Cape Town this 22nd day of June, Two Thousand and Nine.
The administration and the powers and functions entrusted by the legislation, mentioned in column 1 of the tables in paragraphs 1.1 to 1.14 below, to a Cabinet member mentioned in column 2 of the tables, immediately before the President assumed office on 9 May 2009, is transferred to the Cabinet member mentioned in column 3 of the tables.
Performing Animals Protection Act, 1935 (Act No. 24 of 1935) Animals Protection Act, 1962 (Act No. 71 of 1962) Perishable Products Export Control Act, 1983 (Act No.
Employment of Educators Act, 1998 (Act No.
Higher Education and Training as set out in paragraph 1.
Educators Act, 2000 Act No.
General and Further Minister of Education Education and Training Quality Assurance Act, 2001 (Act No.
1977 (Act No.
Act, 1999 Act No.
Gas Act, 2001 Act No.
2002 (Act No.
Act, 2004 Act No.
2006 (Act No.
Sea-Shore Act, 1935 Act No.
1948 (Act No.
Prevention Act, 1965 Act No.
Act, 1973 Act No.
1980 (Act No.
as set out in paragraph 1.
Act, 1989 Act No.
Extension Act, 1996 Act No.
1998 (Act No.
National Environmental Management Act, 1998 (Act No. 107 of 1998) World Heritage Convention Act, 1999 (Act No. 49 of 1999) South African Weather Service Act, 2001 (Act No. 8 of 2001) National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004) National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) National Environmental Management: Waste Act, 2008 (Act No.
Act, 1992 Act No.
Act, 1998 Act No.
Minister of Water and Environmental Affairs, except the administration and the powers and functions pertaining to mariculture, as defined in section 1 of the Act, which is transferred to the Minister of Agriculture, Forestry and Fisheries as set out in paragraph 1.
Commission on Gender Minister of Justice and Equality Act, 1996 (Act No.
General and Further Education and Training Quality Assurance Act, 2001 (Act No.
public and private centres offering adult basic education and training established as envisaged in the Adult Basic Education and Training Act, 2000 (Act No.
public and private colleges providing further education as envisaged in the Further Education and Training Colleges Act, 2006 (Act No.
National Qualifications Minister of Higher Education Framework Act, 2008 (Act and Training No.
Marine Living Resources Act, 1998 (Act No.
Mining Titles Registration Act, 1967 (Act No. 16 of 1967) Diamonds Act, 1986 (Act No. 56 of 1986) Mineral Technology Act, 1989 (Act No.
1996 (Act No.
Trust Act, 2000 Act No.
1967 (Act No.
Surveyors' Act, 1984 Act No.
Rights Act, 1991 (Act No.
Trust Act, 1994 Act No.
Act, 1994 Act No.
Tenants) Act, 1996 (Act No.
Tenure Act, 1997 (Act No.
Conditions Act, 1999 Act No.
Act, 2003 Act No.
Statistics Act, 1999 (Act No.
Tourism Act, 1993 Act No.
National Youth Commission Minister in The Presidency Act, 1996 (Act No.
The administration and the powers or functions entrusted by legislation to a Cabinet member mentioned in column 1 of the table below, immediately before the President assumed office on 9 May 2009, is transferred to the Cabinet member mentioned in column 2 of the table below.
With respect to the departments mentioned below, the powers and functions entrusted by the Public Service Act, 1994 (promulgated under Proclamation No. 103 of 1994), mentioned in column 1 of the tables in paragraphs 3.1 and 3.2 below, to a Cabinet member as executive authority of that department mentioned in column 2 of the tables below, immediately before the President assumed office on 9 May 2009, is transferred to the Cabinet member mentioned in column 3 of the tables below.
All powers and functions of the executive Minister of Finance Minister in The Presidency authority of the Department, subject to responsible for national the Statistics Act, 1999 (Act No.
<fn>GOV-ZA.2009SurveyResponseRateEn.2012-02-10.en.txt</fn>
The overall response rate as on the 18th October is 74.1% with a workable response rate of 67.3%. Table 1 below displays the percentage collection rates by size group. The highest collection response rate of 34.0% is realized in size group 1, followed by size group 3 at 19.0%. The lowest response of 3.4% is observed in size group 4. The total number of enterprises outstanding is 3 898.
Total received 8 189 74.
Figure 1, below displays the weekly progress targets against the actual collection. C-Target represents the weekly targets. A-Target represents the actual target achieved for the particular week. D-Target is the difference between the weekly target and the actual target achieved.
<fn>GOV-ZA.2009UkuthwalaKidnappingGirlsEn.2012-02-10.en.txt</fn>
What is Ukuthwala?
Ukuthwala is a form of abduction that involves kidnapping a girl or a young woman by a man and his friends or peers with the intention of compelling the girl or young woman's family to endorse marriage negotiations. In ancient Africa, particularly among the Nguni, Ukuthwala was a condoned although abnormal path to marriage targeted at certain girls or women of marriageable age. But it did not involve raping or having consensual sex with the girl until marriage requirements had been concluded.
The act of Ukuthwala, however, was not with impunity; it incurred Delictual liability for the culprit, in the form of the payment of one or more herd of cattle to the father or legal guardian of the girl. Today Ukuthwala, particularly in the Eastern Cape, increasingly involves the kidnapping, rape and forced marriage of minor girls as young as twelve years, by grown men old enough to be their grandfathers.
What is the Impact of Ukuthwala on the Girl Child?
Ukuthwala steals childhood. It causes an abrupt end to a girl's childhood and the care free existence that all children are entitled to. Suddenly the little girl is a wife with a husband and in most instances, children and in-laws to serve or look after.
Health: Research conducted with young girls that have been victims of ukuthwala and attendant rape, forced marriage and teenage pregnancy has revealed numerous health complications for the young girls. These range from HIV and other Sexually Transmitted Infections (STIs) to pregnancy related complications such as infant mortality and maternal mortality. These health complications are consistent with findings of UN Secretary General's Report on Violence Against Children (2006) and UN Agencies such as WHO, UNICEF and UNIFEM in countries that are bedevilled by forced and early marriages.
Human development: In virtually all child marriage cases, the child is removed from school. Dropping out of school deprives the child education opportunities, including tertiary education and skills training. The social development of the child is also stunted as the early marriage and fast-tracking into the adult world skips organic developmental phases.
Gender equality: Early marriage is a symptom of and exacerbates gender inequality. If it wasn't for gender inequality and child abuse, ukuthwala would have no place in our society. The subordinate position of the girl or young woman is reinforced by the fact that in most of the documented cases, the girl children have been forced to marry men old enough to be their parents and grandparents.
What is the Impact of Ukuthwala on the Community?
Development: A community's development depend on its people, this includes the level of health, knowledge and education, skills and the resources controlled by those people. Since ukuthwala undermines the "girl-child's" access to these opportunities, it indirectly undermines community development.
Girls and women who constitute more than 52% of the population are part of the critical human capital that families and communities rely on for their development. In rural areas, development is critical as research reveals that the number of women and girls is higher than that of men and boys.
Cycle of Poverty: There is a proven link between lack of education, underdevelopment and poverty, ukuthwala deprives "girl-children" opportunities to educate and develop themselves.  Furthermore, research indicates that the majority of the girls and young women that are victims of ukuthwala are from poor families. Their lack of education and underdevelopment due to ukuthwala deepens their poverty and perpetuate the cycle of poverty. In many instances the children born into poverty also tend to be poor. This contributes to the cycle of poverty in the communities, particularly rural communities, where ukuthwala is rife.
What are the Human Rights Implications of Ukuthwala?
Ukuthwala as currently practised is in blatant violation of the rights of the child as articulated in the UN Convention on the Rights of the Child (CRC). South Africa is bound by the CRC because by signing it, it meant that our country has ratified it without any reservations. The CRC states that every act or decision involving a child must be in the best interest of the child. Forced and early marriage is, as demonstrated above, not in the best interests of the child. The acts of abduction, forced marriage, child marriage, rape and sometimes trafficking in persons involved in most instances of ukuthwala violate other international human rights obligations for South Africa.
SADC Protocol on Gender and Development.
The Constitution of South Africa states that "A child's best interests are of paramount importance in every matter concerning the child (person below 18 years). As already stated above, ukuthwala my not be in the best interest of the child, it specifically violates the right of a child to be cared for. This includes the right to be protected from maltreatment, neglect, abuse or degradation. It also includes not subjecting children to work or services that "place at risk the child's wellbeing, education, physical or mental health or spiritual or social development". Instead, little girls are turned into instant wives with all the burdens of wives in a gender unequal society exacerbated by age, rural poverty and the burden of care attendant to HIV and AIDS.
By perpetuating the oppression of girls and young women, ukuthwala violates the prohibition of gender discrimination in the Equality Act.
What Does the Law Say on Ukuthwala?
Having sex with a child without her consent, following her kidnapping and abduction (ukuthwala), constitutes rape in violation of the Criminal Law (Sexual offences) Amendment Act of 2007(section 15). This Act, which is known as the Sexual Offences Amendment Act of 2007, prohibits the sex with a person without their consent. Regarding a child, the age of consent is 16 meaning that sex with an under 16 constitutes statutory rape.
Sex with a child that is 12 and below is rape as a child of that age is legally incapable of consent. The Act also prohibits other sexual activities with children (sections 16 and 17), including sexual grooming (section18).
Section 17 of the Sexual Offences Amendment Act of 2007 prohibits the sexual exploitation of children by parents and others. Parents or relatives and others who collude in or aid and assist the ukuthwala of a girl child commit the crime of sexual exploitation of children. These parents and relatives also face being charged with Trafficking in Persons under section 71 of the Sexual Offences Act.
According to the Recognition of Customary Marriages Act, both the bride and the bridegroom must consent to marriage. The age of consent is 18 years. If one of the parties is under 18 years of age, parental consent is an additional requirement for a valid marriage. If this cannot be obtained the permission of a child Commissioner, a Judge of the High Court or the Minister of Home Affairs must be sought. However, this is subject to the provisions of the Sexual Offences Amendment Act of 2007, which sets the age of consent to sex at 16.
Parents and relatives that hand over a child into forced marriage for financial or other gain can potentially be prosecuted under section 4 read with section 1 of the Prevention and Combating of Trafficking in Persons Bill. The Bill prohibits the recruitment, sale, supply, procurement, transportation, transfer, harbouring, disposal or receipt of persons by means of the use of threat, force, intimidation or other forms of coercion; or by abusing vulnerability, for the purpose of exploitation.
"Ukuthwala" of young girls was also prohibited in the Transkei under the Transkei Penal Code. The Penal Code criminalised the abduction and kidnapping of children under 18 years.
What are the Rights of Victims of Ukuthwala?
Child Care Act: Health care professionals, social workers, educators, and staff and managers of children's homes have a duty to report the ill-treatment of children and young people in care.
Children's Act: The Children's Act provides that in all matters involving children, the best interest of the child are of paramount importance. It also stipulates the age of consent to marriage as 18 years.
Domestic Violence Act: A victim of ukuthwala may apply for a protection order under the Domestic Violence Act against family members involved in her abduction.
Rights under Criminal Law: A girl or woman that has been subjected to ukuthwala may lay a charge of abduction; kidnapping; rape; and trafficking in persons.
Family law: A girl child or woman that has been subjected to ukuthwala has a right to have the marriage annulled and, where appropriate, claim maintenance.
Civil remedies: A girl child or woman may also claim damages for all harmful consequences of the ukuthwala. This may include pain and suffering, missed educational opportunities, and long-term medical needs.
Victim's Charter: The Victim's Charter holds law enforcement officers to specific standards, including victim participation and accountability to the victim.
Can Culture be used as Justification for Ukuthwala?
Culture as a way of life for people, is given a place in our Constitution. But no culture is above the law. The Constitution is clear that cultural rights are protected subject to the Constitution. Section 31 of the Constitution recognises cultural rights of communities and groups provided that such rights are not exercised in a manner inconsistent with any of the provisions of the Bill of Rights. Ukuthwala and the cruelty it inflicts on the girl child by denying her the right to be a child, among others, is further inconsistent with the African value of ubuntu.
It must also be borne in mind that culture is dynamic and sometimes practices that were seen as benign in the past are discarded by communities as they develop as a people. Furthermore, today's kidnapping and abduction of girl children that have barely reached puberty cannot be reconciled with the ancient practice of ukuthwala, which was condoned by communities but subjected to Delictual sanctions.
It's often said that some victims of ukuthwala pretend to cry as if they don't want to be taken away when in actual fact they are happy and have tacitly consented to their 'kidnap'. As is the case with modern law on rape, the law requires consent, not a second guessing of the girl's wishes.  The Recognition of Customary Marriages Act also requires consent.
What are the Responsibilities of Various Agencies?
The Police: The police must arrest every person accused of ukuthwala. It's not for the police to determine whether culture and or consent are defences in any particular case. Where sex has taken place with a child below 12, the charge is rape and below 16, it's statutory rape regardless of alleged consent. Where the girl is above 16, the charge should be rape if she alleges the absence of consent.
The supposed bridegroom should also be charged with abduction. Those that assisted should also be charged and where parents and or relatives were involved for gain, they should be further charged with trafficking in persons for the purposes of sexual exploitation under the Sexual Offences Amendment Act of 2007.
Social workers: Social workers should investigate and report to the police any reported or suspected child abuses, including ukuthwala involving children.  Similar abuse of teenagers with mental disabilities should be dealt with similarly.
School Teachers: School teachers should report to the police and social workers any reported or suspected child abuses, including ukuthwala. Similar abuse of teenagers with mental disabilities should be dealt with similarly.
Prosecutors and Courts: All ukuthwala cases involving children below 18 years of age should be prosecuted in accordance with the laws of the land.  This includes abduction and kidnapping, child abuse, child procurement, rape, and trafficking in persons.
Officials of the Department of Home Affairs should assist victims of ukuthwala to secure the necessary documents regarding their statuses and that of their children to facilitate access to appropriate social services.
Persons exercising public power have a duty to prevent child abuse within their sphere of control. This includes traditional leaders.
What can the Community do to end ukuthwala?
Assist child orphans to ensure that they do not become prey to male predators and relatives seeking to shun responsibility or to cash in on ilobolo.
Where to go for Help?
Local Police Station and local Social Services will consist of different local Numbers.
<fn>GOV-ZA.2009confederationcupoingceremonyEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2009cvminEn.2012-02-10.en.txt</fn>
I would like to extend my warm and fraternal greetings to you on the occasion of your Principals Conference for Francis Baard and Pixley Ka Seme Region. Education is the basis for our country's economic revival and education delivery is in your hands. Learners and teachers loaf aimlessly around during schools attendance time.
URL: http://www.info.gov.za/speeches/2004/04031009461002.
Through your commitment and dedication, you have added value to the lives of our people who have immensely benefited from the services that is rendered by public servants. The Northern Cape Province has come a long way in transforming the public service and ensuring effective service delivery, which had impacted positively on the lives of the poorest of the poor, people with disabilities, women, the youth of our country.
URL: http://www.info.gov.za/speeches/2004/04031011461001.
The official opening of the Sixth Session of the Second Legislature sitting on 20 February 2004 at 9h00 will be Premier Manne Dipico's last State of the Province Address after ten years as the leader of the Northern Cape Government. This event, which will take place at the New Provincial Legislature Complex, will also be the first major event on the Calendar of the Northern Cape Province to mark the Ten-Years of Freedom Celebrations.
Premier Manne Dipico and MEC Goolam Akharawaray will today, Monday, 21 July 2003, brief the media about changes to the Executive Council. Date: Monday, 21 July 2003 Time: 3pm Venue: Premier's Boardroom, Old Legislature building All members of the media are cordially invited to attend this important event.
URL: http://www.info.gov.za/speeches/2003/03072110461001.
<fn>GOV-ZA.2009decEn.2012-02-10.en.txt</fn>
Prof. Hendrik J Koornhof: For his excellent work and contribution in the field of biomedical science in South Africa.
Prof. Johan Lutjeharms: For his research excellence in his field of oceanographic science.
Prof Bongani Mayosi: For his excellent contribution in the field of research in medical science.
Reverend Mangena Maake Mokone (Posthumous): For his pioneering spirit in the formation of the African Ethiopian Movement and as a champion and someone who laid the solid foundations of what will later germinate to the African and liberation theology.
Thudiso Virginia Gcabashe: For her selfless and courageous service to her community, as a devoted community worker and in recognition of her sterling dedication to women's empowerment and commitment to the development of education for the rural and disadvantaged communities.
Elizabeth Georgina Firmstone: For her sterling role and contribution in the improvement of education in our country and for her exemplary, instrumental and influential role in the field of education.
Victor John Ritchie For his selfless and tireless contribution in the educational field, especially the teaching of mathematics and science.
Michael Festus Boikhutso (Posthumous): For his bravery and valour in the face of overwhelming odds and for sacrificing his life in the cause of justice, freedom and democracy.
Job Tabane (Cassius Maake) (Posthumous): For his exceptional contribution to the struggle for freedom, displaying extreme courage against all odds and ultimately sacrificing his life for a democratic South Africa.
Phindile Ndlovu (Posthumous): For her selfless sacrifice and her fearless actions, in an attempt to save the lives of young children from the fire and thereby sacrificing her own life.
Anna Abdallah: For her sterling contributions in fostering friendship and cooperation between Tanzanians and South Africans during the days of exile and her excellent contribution in facilitating land and developmental projects for South African exiles in Tanzania.
Reverend William Cullen Wilcox and Ida Belle Wilcox (Posthumous): For their excellent contribution to the fight against colonialism policies and the struggle for equality and liberation of all South Africans.
Miriam Makeba (Posthumous): For her exceptional contribution to the field of music and the struggle for a free and democratic South Africa.
Lewis Gordon Pugh: For his exceptional sporting triumphs, humanitarian feats and creating consciousness about the negative effects of global warming.
Natalie du Toit: For her exceptional achievements in the sporting arena and for her unparalleled merit.
Abdullah Ibrahim: For his excellent contribution to the arts, putting South Africa on the international map and his fight against racism and apartheid.
Letta Mbulu and Caiphus Semenya: For their excellent contribution to the field of music and struggle against apartheid.
Jan Rabie (Posthumous): For his excellent contribution in literature.
Khotso Mokoena: For his excellent work in being a good sporting ambassador of the country and for inspiring a nation to do better in all it does.
James Sofasonke Mpanza (Posthumous): For his exceptional contribution to the struggle for socio-economic rights and fighting for justice and restoration of the dignity of black people in urban settlements.inequality in human society.
Peter Nchabeleng (Posthumous): For his exceptional contribution to the fight against the apartheid system in South Africa.
Johannes Phumani Phungula (Posthumous): For his exceptional contribution to the trade unions and political struggle against apartheid.
David Rabkin (Posthumous): For his excellent contribution to the achievement of a non-racial, non sexist, just and democratic South Africa.
Dulcie Evon September (Posthumous): For her excellent contribution to the struggle for a non racial, non sexist, just and democratic South Africa.
Simon Senna: For his excellent contribution to the struggle against apartheid and service to the people of South Africa.
Ahmed Timol (Posthumous): For his excellent contribution and selfless sacrifice in the struggle against apartheid.
Sina Keitsing: For her outstanding contribution the struggle for liberation and providing safe passage to exiled cadres in Botswana during the struggle.
Nokuhamba Nyawo: For her selfless role commitment and loyalty to the struggle for a peaceful, democratic, non-racial and non-sexist South Africa.
Last modified: 03 December 2009 11:45:46.
<fn>GOV-ZA.2009factsheetEn.2012-02-10.en.txt</fn>
ï· Who is a victim?
o A victim of crime is defined as a person who has suffered harm, including physical or mental injury, emotional suffering; economic loss; or substantial impairment of his or her fundamental rights, through acts or omissions that are in violation of our criminal law.
o Victim also includes, where appropriate, the immediate family or dependent of the direct victim.
o A person may be considered a victim regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted and regardless of the familial relationship between perpetrator and the victim.
o Victim are inclusive of all without prejudice of any kind on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
ï· What is secondary victimization?
o Secondary victimization as the 'victimization that occurs not as a direct result of the criminal act but through the response of institutions and individuals to the victim'.
ï· How many countries in the world have Victims Charters?
ï· What is the international instrument (document) that informs the Victims Charter (Where does the Victims Charter emanate from?
ï· What is victim compensation?
o Victim's compensation is provided for in Section 297 and 300 of the Criminal Procedure Act 51 of 1977. This is a right afforded to victims to claim compensation for loss or damages to property suffered as a result of crime committed against you.
o The prosecutor makes an application for compensation order during sentencing o The clerk of the court will provide assistance with enforcement of compensation order.
<fn>GOV-ZA.2009financialyearplansforsupportofdinaledischoolsEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2009gg32690r1478insolcyEn.2012-02-10.en.txt</fn>
Revenue collectors at Magistrates' Courts are therefore requested to collect the fees as indicated below and receipt same via the Vote Account.
In the case of certified copies: R9-00 4.
Receipt No / Bank Deposit Ref.
Tender No./ Tender No.
<fn>GOV-ZA.2009gg32703r72spestribunalEn.2012-02-10.en.txt</fn>
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Eight day of November Two thousand and nine.
The misuse of municipal resources for private benefit.
<fn>GOV-ZA.2009guidelinesAEn.2012-02-10.en.txt</fn>
Introduction 1 2. Objectives 2 3. Parasite species 2 4. Risk groups 2 5. Clinical presentation and diagnosis 3 5.1 Symptoms and signs 3 5.2 Laboratory diagnosis 5 5.2 Referral criteria 6 6. Treatment 8 6.
Drugs used in the treatment of Plasmodium falciparum malaria 11 6.1.3.1 Artemisinin-based combination therapy 11 6.1.3.
Treatments not recommended for falciparum malaria 13 6.2 Treatment of non-Plasmodium falciparum infections 14 6.3 Treatment of mixed Plasmodium species infections 15 6.
Management of severe malaria in pregnancy 17 6.
Managing severe malaria in young children 19 6.
Severe malaria 22 7.1 Features indicating severe malaria 22 7.2 Treatment 24 7.3 Chemotherapy 24 7.4 Loading doses 25 7.5 Maintenance doses 25 7.6 Other chemotherapeutic options 26 7.7 General management pf severe malaria 26 7.
Splenic rupture 35 8. References 37 9. Dosage guidelines for the treatment of malaria 42 10. Summary of malaria treatment guidelines 45 11.
Considerable success has been achieved in the control andmanagement of malaria in South Africa in recent years. This is despite the ongoing development of parasite and vector resistance to drugs and insecticides, respectively.
It gives me great pleasure to introduce these guidelines on the treatment of malaria in South Africa.
The objectives of these publications are to provide all those involved in the management of malaria with clear and practical guidelines for the diagnosis and appropriate treatment of malaria.
The intended treatment outcomes are the prevention of malaria morbidity and mortality. In addition the recommendations are intended to contribute to a reduced malaria transmission and tolimit resistance to anti-malarial drugs.
These guidelines are based on the World Health Organization's guidelines for the treatment of malaria. Additional literature surveyshave been undertaken. Factors that were considered in the choice of therapeutic options included: effectiveness, safety, and impact on malaria transmission and on the emergence andspread of anti-malarial resistance.
The previous guidelines were compiled in August 2002. Advances in the availability of antimalarial drugs and changes in respect of transmission, intensity, drug resistance and health care delivery in South Africa have prompted revision of these guidelines.
It is hoped these guidelines will facilitate effective, appropriate and timeous treatment of malaria, thereby reducing the burden of this disease in our communities and in South Africa.
initiated these revised treatment guidelines. Without the contribution of the key persons mentioned below, these updated guidelines would not have become a reality.
Moonasar (CDC), Ms Tsakani Furumele (CDC), Dr. Eunice Misiani (CDC), Dr. Frew Benson
Furthermore, I would like to express my gratitude to those persons who reviewed the guidelines.
Department of Clinical Pharmacology, University of Cape Town.
Plasmodium falciparum accounts for the majority of malaria cases in Southern Africa and may be associated with severe and fatal disease. Almost all South Africans are nonimmune, including residents of seasonalmalaria transmission areas, and are therefore at risk for developing severe malaria.
The diagnosis and management of malaria is urgent. Delayed diagnosis and inappropriate treatment are associated with significantly increased morbidity and mortality. Classically, malaria presents with fever, rigors, headache and body pains, but the clinical features are non-specific and may be confused with many other diseases, especially influenza. A definitive diagnosis should be made promptly bydemonstrating the parasite on microscopy of a blood smear or by using a rapid malariaantigen test.
The choice of anti-malarial agents is dependent on the severity of illness and the pattern of drug resistance of the parasite in the geographical area where malaria wasacquired. In keeping with the WHO recommendations, using anti-malarial drugs in combination is essential, and artemisinin-based combinations are preferred. For uncomplicated malaria acquired in South Africa, artemether-lumefantrine (Coartem®) or alternatively quinine plus either doxycycline or clindamycin is recommended. High-level resistance precludes the use of chloroquine for falciparum malaria. Sulfadoxinepyrimethamine (SP) is no longer recommended.
For severe malaria, quinine (with the addition of doxycycline or clindamycin) is currently recommended. Patients with severe malaria will require hospital admission. All patients with malaria require careful clinical and parasitological follow-up. The major complications of malaria include: cerebral malaria, hypoglycaemia, anaemia, renal failure, acute respiratory distress syndrome (ARDS) and metabolic acidosis, and these carry high mortality rates especially in children, pregnant woman and in those living with HIV and AIDS. These complications require specificmanagement.
This material is intended for use by healthcare professionals. It has been compiled from information currently available, and although the greatest care has been taken the Department ofHealth and its Malaria Advisory Groupdo notaccept responsibilityfor errors or omissions. Readers are referred to the reference articles for further information and should exercise their own professional judgement in confirming and interpreting the findings presented in the publication. These guidelines were issued in 2008 by the National Department of Health, and replace all previousguidelines.
U ncomplicated P.
Add clindamycin ordoxycycline as soon as can be tolerated after quinine is started. C lindamycin is preferred in children <8 years and pregnantwomen.
* If unsure of species, treat as for P. falciparum. If mixed infection of P. falciparum plus P. vivax / ovale, treat as for P.
Severe P.
P. ovale or P.
P. falciparum, has necessitated ongoing updates of chemoprophylaxis and treatment policies globally.
In South Africa, chloroquine resistance was first demonstrated in KwaZulu-Natal (KZN), and later in Mpumalanga. This prompted a policy change from chloroquine to sulphadoxine-pyrimethamine (SP) as first line treatment for uncomplicated malaria in KZN in 1988 and in Mpumalanga and Limpopo provinces in 1997.
The development of significant SP resistance in KZN led to a further policy change in 2001, with artemether-lumefantrine replacing SP as first line treatment for uncomplicated P. falciparum infections. Subsequently, in December 2004, Limpopo Province also replaced SP with artemether-lumefantrine. Mpumalanga Province used SP-artesunate in the public sector from 2001 to end of 2005, but moved to an artemether-lumefantrine policy in January 2006.
In order to combat the pattern of continued drug resistance of sequential single drug therapy, combination chemotherapy, preferably using an artemisinin derivative, is the decided policy. Additional benefits include improved treatment outcomes and a decrease in malaria transmission, resulting in greater costeffectiveness.
These guidelines have been compiled using both international and local information. In South Africa there is ongoing monitoring of malaria prevalence and distribution, and the therapeutic efficacy of anti-malarial drugs. New information arising from suchmonitoring activities will inform future guidelines.
More than 90% of human malaria infections in sub-Saharan Africa are due to Plasmodium falciparum while the rest are due to Plasmodium ovale, Plasmodium vivax, or Plasmodium malariae. Occasionally mixed infections occur. Infections due to P. falciparum may be severe and complicated. These complications occur almost invariably as a result of delay in diagnosis and/or treatment of an uncomplicated infection, the use of ineffective therapy or under dosing with effective drugs.
South Africans are non-immune, including residents in areas where malaria transmission occurs. Partial immunity may be acquired after long-term, repeated exposure to P. falciparum infection, a situation that occurs in residents of high transmission areas, such as parts of Mozambique, Malawi, Tanzania and some other southern African countries.
Particular high-risk groups for the development of severe P. falciparum malaria in South Africa include: non-immune travellers to malaria areas and residents (of all age groups) in malaria areas. Pregnant women, young children, the elderly, splenectomised and immuno-compromised individuals are particularly vulnerable.
There is increasing data on the interaction between HIV and malaria, showing increased clinical attacks of malaria and higher parasite densities in semiimmune adults who are HIV infected. There is also evidence that non-immune patients co-infected with HIV have a higher risk of severe malaria and malariarelated mortality.
A high index of suspicion is the most important element in the diagnosis of malaria. Malaria areas in South Africa include north-eastern KwaZulu-Natal, and low altitude areas of Mpumalanga and Limpopo provinces, particularly those bordering Zimbabwe, Mozambique and Swaziland (see map). Very rarely, malaria is contracted in the North-West and Northern Cape provinces adjacent to the Molopo and Orange rivers respectively.
Malaria transmission occurs in almost all countries in sub-Saharan Africa with the exception of Lesotho. Within each country, geographical distribution of malaria will vary, and year-round transmission with seasonal disease peaks is usual. In southern Africa these peaks are typically from September to May.
Symptoms and signs of malaria may present as early as 7 days after exposure, with an average of 10 - 21 days elapsing after being bitten by an infected mosquito. Longer incubation periods may occur in patients who have been on chemoprophylaxis or selected antibiotics e.g. cotrimoxazole, tetracycline, macrolides, chloramphenicol and quinolones.
P. falciparum of 6 -18 months have been recorded. Malaria due to infections with P. vivax, P. ovale or P. malariae can take up to 12 months to first manifest clinically.
As signs and symptoms of malaria are very non-specific, a high index of suspicion is critical.
Presentation of P. falciparum malaria is very variable and may mimic many other diseases (and vice versa) including influenza, viral hepatitis, meningitis, septicaemia, typhoid, tick bite fever, gastroenteritis, viral haemorrhagic fever, trypanosomiasis, HIV seroconversion illness, urinary tract infection and relapsing fever.
Non-immune patients with uncomplicated malaria are at increased risk ofdisease progression to severe P. falciparum malaria. Life-threatening complications can develop rapidly in these patients. Malaria should be suspected in any person presenting with any of the above symptoms who has a history of travel to, or residence in, a malaria transmission area (See malaria risk map).
In a febrile patient in South Africa where there is no other obvious cause of fever and a recent history of visiting or living in a malaria area is not forthcoming, malaria should still be considered as infected mosquitoes have been occasionally documented to travel long distances by road, rail and air transport.
A diagnosis of malaria cannot be confirmed or excluded clinically. Since the clinical presentation is non-specific and may mimic many other diseases, patient's blood should be examined immediately to confirm or exclude the diagnosis. A blood test for parasites should be done irrespective of the time of the year or whether the patient has or has not taken chemoprophylaxis.
In the majority of malaria cases, examination of correctly stained blood smears will reveal malaria parasites. However, a negative smear does not exclude the diagnosis; repeat specimens should be examined regularly and urgently without waiting for fever peaks, until the diagnosis is confirmed, the patient has recovered or another definitive diagnosis is made. Examination of the peripheral blood smear will give an indication of the species of parasite as well as the parasite density. High levels of parasitaemia (>4% or â¥3+)* should be treated as severe malaria in non-immune patients. Importantly, the converse may not be true, with severe disease also occurring with low parasitaemias in the peripheral blood.
7.1: Severe malaria.
A number of commercial rapid diagnostic tests (RDTs) are available for early diagnosis in health facilities where microscopy is not immediately available.
The parasite density refers to the parasite load in the peripheral blood expressed semi-quantitatively (1 to 5+) or as a percentage of infected red blood cells. Quantification is often inaccurate and does not necessarily reflect the total parasite load in the patient.
dehydrogenase or aldolase. The majority of the tests will only detect P. falciparum; while a few will detect the other malaria species but are lesssensitive for these. The rapid tests for P. falciparum are generally highly sensitive. Performance is, however, dependent on the correct storage, usage and interpretation of results and the quality of the particular test used. These tests should be used only for diagnosis of acute malaria infections, and not for followup, as they may remain positive for several weeks even after successful treatment. The test may be negative early in the disease, and false positives may be encountered rarely.
If the diagnosis of malaria cannot be confirmed (unavailability of laboratory tests, or negative tests), the decision to commence malaria therapyshould bemade on clinical grounds, based on whether exposure to malaria parasites was possible and the severity of the clinical features. In cases of severe malaria a blood smear or rapid malaria test is likely to be positive. However, some patients with severe malaria may rarely have a negative smear due to sequestration of parasitized red blood cells. In patients who are treated empirically for malaria, it is imperative to continue to look for alternative diagnoses and to follow-up patients very carefully.
Thrombocytopenia is a common finding in patients with malaria. A blood smear should be checked for malaria parasites or an RDT performed whenever this laboratory finding is made unexpectedly. A malaria smear is indicated in patients with recurrent symptoms and a negative RDT, to exclude non-falciparum malaria.
Ideally all patients with malaria should be treated in hospital.
o Respiratory distress o Shock o Suspected treatment failure (including reappearance of parasites within 6 weeks of treatment).
The notification of all malaria cases is mandatory.
Healthcare worker (not necessarily a medical doctor): Diagnose (preferably a definitive diagnosis) and notify the malaria case using GW17/5 or applicable notification form, immediately, as some of the important information required on the notification form may not be available after the patient has left the healthcare facility. If possible, the malaria species should be specified in the notification form.
Local authority/hospital/district (whoever is responsible for disease containment) submits the GW17/3 summary of cases and GW17/4 summary of deaths forms weekly.
Regional/district office health information unit will collate and use this information to plan and monitor the impact of malaria control and case management interventions.
Africa each year, it is critical that these cases also get notified to the local authority to facilitate adequate provision of malaria diagnosis and management resources to healthcare facilities in these areas.
Patients should receive prompt treatment with the most effective regimen available. Where patients present in non-malaria areas, treatment should ideally be initiated in hospital. In malaria areas the majority of patients with uncomplicated malaria can be treated at primary health care level.
The choice of chemotherapy formalaria is dependenton theseverity of disease, the known or suspected resistance pattern of the parasite in the area where the malaria infection was acquired, the species of parasite, patient characteristics (age, pregnancy, co-morbidity, allergies, concomitant medications) and the presence or absence of vomiting.
Drug choices may change over time with the development of parasite resistance or the availability of new anti-malarial treatments.
It is important to attempt to differentiate between uncomplicated and severe malaria. Patients with uncomplicated malaria include: those who have mild symptoms, are ambulant and have no evidence of organ dysfunction either clinically or on laboratory tests and in whom the parasite count is less than 5% (see section 7: Severe malaria, for details). However, uncomplicated malaria may rapidly progress to severemalaria if the patient is not treated appropriately.
For patients with uncomplicated malaria, the recommended chemotherapy is the fixed dose artemisinin-based combination, artemether-lumefantrine (Coartem®) in all patients over 1 year of age and non-pregnant patients. In children â¤ 1 year and all pregnant patients, the recommended chemotherapy is quinine plus clindamycin.
When artemether-lumefantrine (Coartem®) is not available, uncomplicated malaria can also be treated with quinine plus either doxycycline or clindamycin. It is advisable that quinine only be used as observed treatment of inpatients, due to the possibility of adverse drug reactions and the poor tolerability of this 7-day regimen.
All first doses of drugs must be given under supervision and patients must be observed for at least an hour as vomiting is common in patients with malaria and treatment must be repeated if the patient vomits within the first hour. Vomiting oral treatment is one of the commonest reasons for treatment failure.
It is easy to underestimate the severity of disease and complications may arise despite apparent appropriate chemotherapy. Patients with malaria should be carefully assessed and closely monitored. The clinical and parasitological response of patients to treatment should be monitored regularly; in particular, the mental state, respiratory rate and urine output. Adequate fluids should be given, and antipyretics (paracetamol) administered when needed. Ibuprofen has been used but there is less experience with this compound. Other non-steroidal anti-inflammatory drugs (NSAIDS) should be avoided as they may increase the risk of renal failure in patients with malaria.
If patients with uncomplicated malaria cannot be admitted to hospital for treatment, they (or their caregivers)should be warned of the symptoms and signs of severe malaria and advised of the urgency of then returning for hospitalisation and appropriate treatment.
Patients should experience a clinical response to therapy within 24 -48 hours. A repeat peripheral blood smear should be performed where possible after 72 hours of treatment: a decrease of at least 75% of the initial parasite count is expected with effective treatment.
Relapse due to P. ovale or P. vivax due to failure to treat hypnozoites NOTE: On a malaria peripheral blood smear, the presence of gametocytes, the stage of malaria parasite's lifecycle responsible for malaria transmission, does not indicate treatment failure, as these may be present for several weeks after successful treatment.
Treatment failures after completing a full course current first-line therapy of either 7-days of quinine (plus doxycycline or clindamycin) or a 3-day artemetherlumefantrine regimen are rare, as both these treatments have very high cure rates. Patients who have failed first-line treatment with artemether-lumefantrine should then be given a course of quinine with either doxycycline or clindamycin. Treatment failures following quinine treatment of uncomplicated malaria could be treated with artemether-lumefantrine, provided malaria complications are carefully excluded.
Artemisinin-based combination therapies (ACTs) are now generally considered as the best current treatment for uncomplicated falciparum malaria (WHO 2006). ACTs have the advantages of rapid clinical and parasitological response, improved cure rate, decreased malaria transmission and the potential to delay anti-malarial resistance. A number of artemisinin derivatives have been used successfully in the treatment of P. falciparum malaria including multi-drug resistant malaria and for the blood stages of P. vivax infections. The most evidence of efficacy and safety is currently available for the derivatives artemether and artesunate. This class of anti-malarial has a favourable safety profile. When used as single-drug therapy (monotherapy) for less than 7 days recrudescence is common. Therefore the artemisinin derivatives should always be used in combination with an effective, longer-acting antimalarial. Combination therapy is essential for delaying development of resistance to this crucial class of drugs. The choice of the second drug will depend on resistance, cost, side effect profile and efficacy. The only artemisinin derivative currently registered in South Africa is the combination of artemether with lumefantrine (Coartem). In patients with severe malaria, parenteral artemisinins are effective and intravenous artesunate reduced malaria related deaths by 32%.
This fixed dose combination containing 20mg artemether plus lumefantrine 120mg is the recommended first line treatment for uncomplicated malaria in all malaria transmission areas in South Africa. It has the advantages of a shorter treatment course (6 doses over 3 days) and far better tolerability than the only effective alternative, quinine. However, its indication is limited to the treatment of uncomplicated malaria as there is no evidence of its efficacy in more severe disease. Artemether-lumefantrine is contra-indicated in pregnancy and in those patients who have a history of allergy to artemether or lumefantrine. Data in children less than 1 year of age is limited. Adequate absorption of the lumefantrine component is critically dependent on co-administration with food or drink containing 1.3 g of fat (e.g. 100 ml milk). This drug has been best studied in patients weighing less than 65 kg and thus is not yet registered for use in patients weighing greater than 65 kg, although initial results in this group are encouraging. As this is a relatively new drug, no drug interactions or contra-indications other than pregnancy and allergy have been identified. Adverse effects identified include: sleep disturbances, headaches, dizziness, palpitations, abdominal pain, anorexia, cough, arthralgia, myalgia, asthma and fatigue. Rarely, hypersensitivity reactions have been reported. Adverse events or potential drug interactions should be reported to the National Adverse Drug Event Monitoring Centre [021- 4486181 (fax) or 021- 4066234 (tel)].
Parenteral artemisinin derivatives, notably artemether and artesunate, have been successfully used for treating severe malaria. In a randomized controlled trial of severe malaria in adults living in areas of low malaria transmission in Asia, the death rate was one-third lower among the adults who received intravenous artesunate compared to those who received quinine. Patients treated with IV artesunate have a 1/20 to 1/11 better survival rate than those getting IV quinine. This is the first published study on severe malaria, which showed a clear difference in mortality between the two treatments. Artesunate is also easier to use and is not associated with hypoglycemia, which can be caused or exacerbated by quinine. Similar studies are now being conducted in children in Africa. Until these results are available, and an intravenous parenteral artesunate is registered in South Africa, quinine remains the recommended treatment for severe malaria in South Africa.
Quinine is a rapidly acting, effective anti-malarial drug used for both uncomplicated and severe malaria acquired in sub-Saharan Africa. Quinine resistance is rare in this area, although increasing slowly in Southeast Asia. Oral quinine therapy is an alternative option recommended in uncomplicated malaria but the initial doses of quinineshould be administered intravenously if the patient is vomiting repeatedly. Quinine therapy should be continued for 7-10 days. The addition of asecond, effective, anti-malarial drug, i.e. doxycycline or clindamycin, is indicated to ensure complete parasite clearance and improve cure rates. One of these agents should be added as soon as can be tolerated (usually 2 - 3 days after commencement of the quinine), to ensure that possible adverse effects from the quinine are not confused with those of the second agent. In patients less than 8 years old or during pregnancy, clindamycin should be used rather than doxycycline or other tetracyclines. Shortened courses of quinine (3 days) cannot be recommended for treatment. Patients initially treated for severe malaria with quinine should complete the course of treatment with the same drug, as completion of therapy initiated with quinine with a course of artemetherlumefantrine has not been adequately evaluated.
It is most important that patients (or caregivers) understand that it is essential to complete the course of 7-10 days of quinine (with doxycycline or clindamycin) as adherence with this poorly tolerated treatment is generally low. Minor adverse effects, causing a syndrome known as cinchonism, are frequent during the treatment of malaria with quinine. Mild hearing impairment (notably high tone deafness), tinnitus, headache, nausea and slight visual disturbances occur in up to 70% of patients during quinine therapy and are not an indication to discontinue therapy. Major side effects include arrhythmias, hypersensitivity and hypoglycaemia. Hypoglycaemia is the most frequent serious adverse reaction.
Quinine toxicity presents with central nervous system (CNS) disturbances (primarily visual and auditory) and cardiovascular abnormalities (hypo tension, heart block, ventricular arrhythmias), and can be confused with severe malaria. Cardio toxicity is particularly related to rapid infusion of quinine.
Treatments not recommended for falciparum malaria Monotherapies (anti-malarial agents used on their own) are no longer recommended for the treatment of falciparum malaria. Artemisinin derivatives should never be used as monotherapy as this could select for resistance and compromise the value of artemisinin-based combination treatments (ACTs); taking artemisinin monotherapies for less than 7 days is strongly associated with treatment failure (recrudescence of infection). Chloroquine is not recommended following the emergence of high-level resistance in most parts of the world including South Africa. Sulphadoxine-pyrimethamine is no longer recommended in South Africa, due to the availability of more effective combination therapy, coupled with high-level resistance in some parts of the country.
Mefloquine is registered only for prophylaxis but not treatment, given the higher incidence of severe psychiatric adverse effects associated with treatment doses. Halofantrine treatment is not advisable given the associated cardio toxicity, variable bioavailability and drug interactions in patients who have taken mefloquine prophylaxis. Clindamycin and doxycycline are slow acting antimalarials and should never be used as monotherapy, but are added to quinine treatment regimens to improve cure rates.
In sub-Saharan Africa, a minority of the malaria infections are due to one of the other Plasmodium species, namely P. vivax, P. ovale or P. malariae. Infections contracted in the Caribbean and some countries in Central America and the Middle East are mostly due to P. vivax. Generally, disease due to infection with the non-falciparum malarias is uncomplicated, although P. vivax has rarely caused severe malaria and P malariae may be associated with the nephrotic syndrome in children. The parasite species should be reliably confirmed microscopically.
P. falciparum should be administered. P. ovale and P. malariae are currently chloroquine-sensitive, but rare cases of chloroquine-resistant P. vivax have been documented in Oceania, Brazil, and Indonesia.
In South Africa P. ovale is the most common of the non-falciparum malarias. Anaemia may complicate chronic P. ovale infection.
P. malariae can be treated with chloroquine monotherapy, while the extra-hepatic phases of infections with P. vivax or P. ovale can be treated with chloroquine (or quinine or artemether-lumefantrine). For P. vivax or P. ovale a follow-up course of primaquine is essential to eradicate the residual hepatic phase to prevent relapse.
Primaquine must be given for 14 days at the recommended dosages. Primaquine is contra-indicated in children less than 1 year of age and during pregnancy. In pregnant women eradication of the hepatic stage must be delayed until after delivery. Patients with severe glucose-6-phosphate dehydrogenase (G-6-PD) deficiency (<10% residual enzyme activity) should not receive primaquine due to the risk of severe haemolytic anaemia. There is no proven alternative for these patients, although continuing weekly prophylactic chloroquine (usually for 3 years) may be effective. Primaquine may be taken by patients with mild deficiency of G-6-PD (10 - 60% residual enzyme activity) at a reduced dose of 0.5 - 0.7 mg/kg body weight once every 7 days for 8 weeks. Such patients should be evaluated for anaemia and haemoglobinuria at 3, 7, and 10 days after the start of primaquine.
In patients with confirmed or suspected mixed infections i.e. P. falciparum with either P. vivax or P.
P. falciparum malaria (either quinine or artemether-lumefantrine) plus a follow-up course of primaquine is recommended. A mixed infection of P.
P. malariae should bemanaged as for P. falciparum malaria.
P. falciparum infection should dictate choice of initial therapy. Doubt frequently exists about the presence of P. falciparum in addition to other Plasmodium species. The patient should then be treated for P. falciparum, as this is the speciesmost frequently associated with severe infections and complications.
Pregnant women, particularly in the second and third trimesters of pregnancy, are more likely to develop severe malaria than other adults and have a higher malaria-related mortality rate. Malaria in pregnancy is particularly associated with complications such as cerebral malaria, hypoglycaemia, and pulmonary oedema/ARDS. In addition, maternal malaria increases the risk of spontaneous abortion, stillbirth, premature delivery, low birth weight (a leading cause of child mortality) and rarely, congenital malaria. Foetal distress may occur peripartum. The risk of severe malaria extends into the early postpartum period. It is important to carefully follow up pregnant women treated for malaria, and their infants, to promptly diagnose and adequately manage the known complications of malaria in pregnancy.
A high index of suspicion is the most important element in the diagnosis of malaria. Malaria is frequently missed or misdiagnosed in pregnancy and needs to be differentiated from complications of pregnancy e.g. intrauterine sepsis, eclampsia, or pyelonephritis, assigns and symptomsmay be similar.
Suspect malaria if the patient is resident in or has travelled to a malaria transmission area. A history of visiting a malaria transmission area should be explored in all pregnant women with fever. A malaria smear (repeated if initially negative) ormalaria antigen test is mandatory for any pregnantpatient with fever and a history of malaria exposure.
Fever is common, but may be absent in some cases.
It is important to attempt to differentiate between uncomplicated and severe malaria. However, uncomplicated malaria may progress rapidly to severe malaria in pregnancy if the patient is not treated urgently and appropriately.
Management of uncomplicated malaria in pregnancy The treatment of choice for uncomplicated malaria is quinine followed by a course of clindamycin. Doxycycline is contraindicated. Quinine has proved to be safe when used in normal therapeutic doses, and since the risks of malaria are great, there is no debate about using a less effective therapy. Quinine's main adverse effect in pregnancy is hypoglycaemia and patients should be closely monitored for this. Quinine may be oxytocic, but this effect may also be due to the malaria itself. The incidence of teratogenesis is unknown, although congenital abnormalities, notably CNS anomalies and limb defects have been occasionally reported with quinine use in the first trimester. With the doses used to treat malaria, the benefits of quinine therapy outweigh the risks.
Currently, the artemisinins are only recommended when no effective alternative anti-malarial is available. There is increasing experience with artemesinin derivatives in the 2nd and 3rd trimesters of pregnancy, and no adverse effects on the mother or human foetus have been documented to date. However, some animal studies have shown teratogenicity, particularly with high doses. Suboptimal absorption of lumefantrine (as in artemether-lumefantrine) in pregnancy has been suggested in one study. In lactating women, uncomplicated malaria should be treated with artemether-lumefantrine, and quinine and clindamycin used for severe malaria.
Hypoglycemia should be expected and is often recurrent if the patient is receiving quinine, and may be refractory to glucose administration.
It may be difficult to differentiate cerebral malaria from eclampsia.
It is critical therefore to monitor fluid balance very carefully. Fluid overload may potentiate the development of ARDS. Hypovolaemia however, may potentiate renal failure, metabolic acidosis and circulatory collapse. Accurate recording of fluid input and output is essential (CVP < 5 cm H2O).
The risk of severe malaria extends into the early post partum period.
Infants and young children (especially those <5 years) are particularly at risk for severe malaria and complications can develop very rapidly without warning. The symptoms of malaria in children may differ from those in adults, and therefore malaria should be suspected if a child who has been in a malaria transmission area develops a febrile illness. Poor feeding, lethargy, irritability, coughing and convulsions (frequently subtle), are important presenting features. Hypoglycaemia, cerebral malaria, anaemia, and metabolic acidosis are important complications. Agitation and respiratory distress (as a result of metabolic acidosis) are ominous signs. Secondary bacterial infections, including septicaemia, are common and broad-spectrum antibiotics should be given to children with severe malaria. Renal failure and acute respiratory distress syndrome are rare in young children. Meningitis is important in the differential diagnosis ofmalaria.
In children over 1 year of age with uncomplicated malaria, recommended treatment is artemether-lumefantrine or quinine plus clindamycin. However, children have a higher risk of developing complicated malaria so should ideally be admitted for treatment under close supervision.
For children â¤ 1 year of age with uncomplicated malaria the treatment of choice is quinine plus clindamycin. This is because of the risk of rapid development of complications. As there is no quinine syrup available, it can be difficult to administer to children. Crushed tablets mixed in mashed bananas, chocolate syrup or jam can be used tomake the quininemore palatable. Pharmacistsmay be able to specially prepare quinine syrup.
Children who are vomiting but who have no other indications of severe malaria should be given parenteral quinine in the recommended doses (see Section 9, Dosage Guidelines) until the child can take medication orally. Particular care must be taken to ensure that the correct dosage is administered. Once oral intake is confirmed then switch to any of the 2 regimens above (depending on the child's age).
Children with severe malaria need to be managed differently to children with uncomplicated/non-severe malaria. Section 6.5.2 explains the management of severemalaria in children.
Intravenous (parenteral) quinine is indicated for severe malaria in children and the usual loading dose of 20mg/kg is used. Particular care must be taken to ensure that the correct dosage is administered. Where intravenous quinine is not promptly available, or cannot be given safely, initial administration of quinine by deep intra-muscular injection using scrupulous aseptic technique, should be considered prior to referral. When given intramuscularly, quinine dihydrochloride should be diluted to reduce pain and prevent sterile abscess formation. Dilutions to between 60 and 100 mg/ml should be made.
Check airway, breathing, circulation (ABC) Agitation and respiratory distress (as a result of metabolic acidosis) are ominous signs Children who present with shock and acidosis should be given a bolus (20 mg/kg) of fluid, either colloid (plasma) OR crystalloid (Ringers lactate, or normal saline if this is unavailable) Secondary bacterial infections, including septicaemia, are common and broad-spectrum antibiotics e.g.
Artemisinin derivatives have been shown to be safe and highly effective in children, including cases of severe malaria and multi-drug resistant malaria. Rectal artesunate is being developed to provide anti-malarial cover while a patient is being transferred to a hospital from a primary healthcare facility where parenteral treatment is not safely available. Intra-muscular artemether and intravenous artesunate have been shown to be safe and effective in the treatment of severe malaria in children. None of rectal artesunate, intra-muscular artemether or intravenous artesunate is registered for use in South Africa, although when these products become available they are expected to provide a safer and possibly more effective alternative to quinine.
A large number of HIV-infected patients either live in areas where malaria transmission occurs, or travel to these areas. Overlap of symptoms of the two diseases, especially fever, may result in HIV-positive patients with malaria presenting late to health facilities and the diagnosis of malaria being missed. Although acute malaria causes a temporary increase in replication of HIV and hence in plasma viral load, there is no evidence that malaria has a substantial effect on the clinical progression of HIV infection, HIV transmission or response to antiretroviral treatment. HIV-infected individuals who live in areas of stable malaria transmission and are thus expected to be malaria semi-immune, are at increased risk of symptomatic parasitaemia and/or may exhibit higher levels of peripheral parasitaemia than semi-immune adults who are HIV-negative. HIVinfected patients who are malaria non-immune are at higher risk of severe malaria and of dying from malaria. As HIV progresses and immuno-suppression worsens, the risks of severe malaria increase. Renal failure has been identified as a particular complication in this group of patients. Secondary bacterial infection is common and empiric antibiotic treatment should be given, e.g. a third generation cephalosporin. Electrolyte disturbances are common and close monitoring is essential. Thus, patients co-infected with HIV/AIDS and malaria should be admitted for treatment and close monitoring at the highest level of care available, preferably a level 2 or level 3 hospitals.
It is unclear how HIV infection modifies the therapeutic response to antimalarials. Increased parasite burdens and reduced host immunity, both of which occur with HIV infection, may be associated with delayed parasite clearance and increased failure rates. Patients with HIV infection who develop malaria should receive the recommended anti-malarial regimens, although more closely monitored, to ensure an adequate response. There are limited data regarding interaction of anti-malarials with antiretroviral drugs. Pharmacological interactions between certain anti-retrovirals (ARVs) and anti-malarial drugs are theoretically possible and might lead to toxicity or sub-therapeutic drug levels. However there are no documented interactions. WHO suggests that patients receiving protease inhibitors and the NNRTI delavirdine should avoid halofantrine (Note: this drug is not recommended for malaria treatment in South Africa). Since lumefantrine is related to halofantrine, the combination artemetherlumefantrine may therefore have the potential to interact with ARVs.
Unless P. falciparum malaria is promptly diagnosed and treated, the clinical picture may deteriorate rapidly. Severe malaria carries a significant morbidity and mortality.
Young children, pregnant women, immuno-suppressed patients and any nonimmune persons are at risk for the development of complications. One can assume that all South Africans living in the malaria areas in this country and all South African travellers are non-immune.
Biochemical Features Renal impairment - serum creatinine >265 µmol/litre or rapidly rising creatinine (>2.5 µmol/kg/day) or urine output <400 ml/day (adult) Acidosis (plasma bicarbonate <15 mmol/litre) (serum lactate > 5 mmol/liter) Hepatic impairment (transaminases > 3 times normal) Hypoglycaemia (blood glucose <2.
Haematological Features Parasitaemia â¥ 5% or â¥ 3+ Anaemia: haemoglobin < 6 g/dL or haematocrit <20% â¥5% neutrophils contain malaria pigment Presence of schizonts of P.
An overall scale is made by adding the score in the three areas assessed, e.g.
The patient should be treated in the highest level of care available. Management of severe malaria comprises 4 main areas: clinical assessment of the patient, specific anti-malarial treatment, adjunctive therapy and supportive care.
o The airway should be secured in unconscious patients and breathing and circulation assessed o The patient should be weighed or body weight estimated so that drugs, including anti-malarials, and fluids can be given on a body weight basis o An intravenous cannula should be inserted and an immediate measurement of blood glucose (rapid test) done o A detailed clinical examination should be conducted, with particular note of the level of consciousness and record of the comascore o A lumbar puncture for cerebrospinal fluid analysis to exclude bacterial meningitis should be considered in unconscious patients o The degree of acidosis is an important determinant of outcome; the plasma bicarbonate or venous lactate level should therefore be measured if possible. If facilities are available, arterial or capillary blood pH and gases should bemeasured in patients who are unconscious, hyperventilating orin shock o Submit blood urgently for full blood count, platelet count, and measurement of urea, creatinine and electrolytes and obtain results urgently o The assessment of fluid balance is critical in severe malaria. Respiratory distress, with acidotic breathing, in severely anaemic children, often indicates hypovolaemia and requires prompt rehydration and, where indicated, blood transfusion.
Quinine is the drug of choice for the treatment of severe malaria in South Africa. Intravenous quinine is the preferred route of administration, especially where the patient is comatose, vomiting or severely ill. Quinine administration is always by slow, rate-controlled intravenous administration, never by bolus injection.
Where intravenous quinine administration is not feasible, not available or considered unsafe, the intra-muscular route may be used initially.
In severe malaria an initial loading dose must be given, by slow intravenous infusion over 4 hours. The rationale for the loading dose is to rapidly reach a therapeutic level.
The loading dose is quinine dihydrochloride salt, 20 mg/kg body weight diluted in 5-10 ml/kg body weight of 5% dextrose water over 4 hours. The loading dose is given strictly according to body weight. The disposition of quinine in very obese patients is not known. It has been suggested that there is a ceiling dose above which quinine should not be given, but there is no evidence to support this.
The loading dose should be omitted if the patient has received quinine, or mefloquine prophylaxis, in the preceding 24 hours. In these cases, ECG monitoring is necessary.
Six to eight hours after starting the loading dose, a maintenance dose of quinine dihydrochloride salt, 10 mg/kg diluted in 5-10 ml/kg body weight of a dextrosecontaining solution should be commenced and infused over 4-6 hours. Intravenous quinine should be administered every 8 hours until the patient can take oralmedication (usually by 48 hours). For obese patients, themaintenance dose should be calculated according to ideal body weight.
Males: IBW (Kg) = 0.9 x height in cm - 88 Females: IBW (Kg) = 0.
The total duration of therapy is 7-10 days.
The use of additional doxycycline or clindamycin does not add initial therapeutic benefit for severe malaria and may contribute to drug side effects. They should be added once the patient is improving.
Once the patient is improving, oral treatment should be continued as per the recommendations for uncomplicated malaria. The dose of quinine should be reduced in renal failure (See 7.8.4).
Quinine has a narrow therapeutic window, although serious side effects (cardiovascular or nervous system) during anti-malarial treatment are unusual. The most frequent side effect during intravenous therapy is hypoglycaemia, especially in pregnant women and children. Hypotension, heart block, ventricular arrhythmias, tinnitus and neurological problems, including convulsions and visual disturbances, occur rarely.
In cases of suspected quinine resistance, where there has been a poor parasitological response to quinine, an artemisinin derivative (not yet registered in SA) may be considered, when available. Parenteral artemisinin derivatives, notably artemether and artesunate, have been successfully used for treating severemalaria. See Section 6.1.3.1.
Patient should be admitted to the highest level of care, ideally an intensive care unit.
Appropriate anti-malarial chemotherapy must be commenced urgently.
Dosesmust be calculated on a mg/kg of body weight basis. A loading dose of drug should be administered immediately on diagnosis. It is therefore important, whenever possible, to weigh the patient (see 7.5 on ideal IBW). This is particularly important for children. Do not confuse the doses of salt and base. Quinine doses are usually prescribed assalt (10 mg ofsalt = 8.
Other treatable causes of coma (e.g.
A rapid initial check of the blood glucose level and frequent monitoring for hypoglycaemia are important. Where this is not possible and the patient has a depressed level of consciousness and/or convulsions, glucose should be given as 50% dextrose solution intravenously. See section 7.8.
Monitor fluid balance carefully. Avoid over- and under-hydration. Fluid overload is extremely dangerous as it may precipitate potentially fatal respiratory failure. Hypovolaemia however, may potentiate renal failure, metabolic acidosis and circulatory collapse. Accurate recording of fluid input and output is essential as fluid balance should be according to urine output and normal and excess fluid loss. Frequent central venous pressure (CVP) monitoring is recommended; maintain the CVP at between 0-5 cm of water.
Reduce high body temperatures (> 39oC) by vigorous tepid sponging and fanning. Antipyretics may also be given.
Look for and manage any complicating or associated infections. A broad-spectrum antibiotic is recommended e.g.
A haemoglobin level â¤ 6 g/dL or a haematocrit â¤ 20%. Anaemia is a common complication of malaria, especially in young children and pregnant women. It occurs as a result of haemolysis and/or bone marrow dysfunction. Severe anaemia may manifest as cardiac failure, shock, hypoxia or confusion. There may be other causes contributing to anaemia in some patients.
Blood transfusion should be considered in patients in whom the Hb is 6 g/dL or less, or the haematocrit is less than 20%, especially those with cardiovascular decompensation and shock. Caution should be exercised and fluid overload should be avoided. If no fresh blood is available packed red cell concentrate may be used.
A blood glucose level <2.2 mmol/l.
Hypoglycaemia is common in severe malaria, particularly in pregnancy, in children, and in patients on intravenous quinine. Blood glucose should be monitored 4-6 hourly. Hypoglycaemia may not always present with classical symptoms of sweating, anxiety, dilatation of pupils or tachycardia. It must always be excluded in patients with malaria who present with depressed levels of consciousness, including coma and convulsions.
Management Adults: 50 ml of 50% dextrose water given intravenously as a bolus. Children: 1 ml of 50% dextrose water/kg body weight. This should be followed by continuous intravenous infusion of 5 or 10% dextrose solution. Avoid fluid overload.
Any patient with a depressed level of consciousness, ranging from agitation or confusion, to coma.
Cerebral malaria can resemble bacterial or viral infections of the central nervous system, or any cause of raised intra-cranial pressure. The clinical features are not specific; the patient may be flaccid, spastic, exhibit meningism, photophobia or symmetrical upper motor neurone signs. Papilloedema or cerebral oedema is not usually found. It is very important to exclude hypoglycaemia. If meningitis is suspected, a lumbar puncture should be performed. Cerebral malaria may occur as an isolated complication, or as part of multi-organ failure.
Convulsions may occur as a result of cerebral malaria, accompanying fever or in association with hypoglycaemia.
Prophylactic anticonvulsants are currently not recommended. Treatment of convulsions is with standard anticonvulsant drugs and supportive measures.
Supportive treatment should include: treatment of convulsions, monitoring of level of consciousness and effective protection of the airway when the GCS <9. Dexamethasone and mannitol are not recommended.
A serum creatinine greater than 265 µmol/l, or a rapidly rising creatinine of more than 2.5 µmol/kg/day, and/ora urine outputof less than 0.5ml/kg/hr or less than 400 ml/day in an adult should be regarded as renal failure. When patients present in a polyuric phase it is critical to replace fluid losses adequately.
Renal failure is generally an early complication of malaria in adults, and occurs rarely in children. Hypovolaemia, sequestration of parasitized red cells in the renal vasculature, intravascular haemolysis and haemoglobinuria are incriminated in the development of renal dysfunction in malaria. This may lead to acute tubular necrosis and renal failure. Acute renal failure is usually reversible with appropriate management.
Dehydration, if present, must be corrected carefully. Excessive administration of fluids should be avoided to minimise the risk of pulmonary oedema. A central venous catheter should be inserted where possible and maintained between 0-5 cm of water. Meticulous attention to fluid intake and output is essential to avoid fluid overload.
Early dialysis is recommended, where available, as renal failure in malaria occurs against a background of a hypercatabolic state. Early referral for dialysis is recommended if the serum creatinine is rising by more than 2.5 µmol/kg/day. Veno-venous hemofiltration is the most effective mode of dialysis in malaria.
Patients with impaired renal function require a reduction in maintenance quinine dihydrochloride salt to 5-7 mg/kg every 8 hours, after 48 hours of treatment with the full dose. Quinine is not removed by dialysis.
Systolic blood pressure less than 80 mmHg in adults and children >13 years. In younger children (<13 years) clinical assessment can be a more reliable indication of circulatory collapse than blood pressure measurement because, firstly, the correct cuff size is often unavailable and secondly, children are able to maintain normal blood pressure in the face of severe circulatory collapse more efficiently than adults.
Cool/cold and clammy extremities e.g.
Mottled/pale skin indicating poor perfusion An exact cut-off point for systolic blood pressure in children is difficult as blood systolic blood pressure increases with age from approximately 75 mmHg (at birth) to 124 mmHg at 13 years. However a systolic blood pressure <50 mmHg at any age indicatessevere circulatory collapse.
Circulatory collapse may be seen in patients with metabolic acidosis, severe anaemia, dehydration, ARDS, a ruptured spleen or septicaemia.
Ideally, a central venous catheter should be inserted and hypovolaemia corrected with an appropriate volume expander (blood or plasma) or isotonic saline. Start inotropes if the CVP is >5 cm of water and the patient is still shocked, and start broad-spectrum antibiotics e.g.3rd generation cephalosporin.
Measurement of acid-base status is a very useful tool in assessing a patient with malaria. Metabolic acidosis, especially lactic acidosis, is an important indicator of severe malaria, even if no other complications are present, and is a poor prognostic sign. Metabolic acidosis may present as shock and/or respiratory distress; in children severe anaemia may present with metabolic acidosis.
Correct any reversible cause of acidosis, in particular dehydration, convulsions and severe anaemia. Take care not to give excessive fluid. The routine use of bicarbonate is not recommended.
Packed cells 10-20 ml/kg over 4-6 hours ivi.
Crystalloid (0,9% saline) or Ringers lactate 10-20 ml/kg ivi over 4 hours. (rate of infusion based on clinical judgment) Exclude metabolic acidosis with a blood gas. Other causes for increased respiratory rate may be excluded with a chest X-ray.
Acute respiratory distress syndrome (ARDS) is an uncommon, but often-fatal complication of severe malaria, and is a particularly severe problem in pregnancy. ARDS may appear several days after chemotherapy has been started, and the general condition of the patient appears to have improved.
An increase in the respiratory rate, bilateral crepitations, clinical and laboratory evidence of cyanosis, confusion, agitation, or an arterial oxygen saturation of less than 90%, should alert the clinician to the possibility of ARDS. Pulmonary oedema as a result of iatrogenic fluid overload, or pneumonia, should also be considered.
Treatment depends on the severity of the respiratory complications. Fluids must be restricted. Diuretics should be given where indicated. Oxygen should be administered, and in some patients ventilatory support may be required.
Although a raised indirect bilirubin due to haemolysis is a frequent finding in malaria, the clinical presence of jaundice or the finding of raised hepatic transaminases (â¥ 3 x normal)should alert the clinician of the probability of severe malaria. The presence of jaundice combined with renal failure and acidosis is cause for great concern.
DIC is rare in patients with severe malaria. Moderate degrees of thrombocytopenia are noted in the majority of cases of uncomplicated malaria, but bleeding is not common. However severe degrees of thrombocytopeniamay be an indication of severe malaria and may be associated with bleeding. With effective malaria treatment, platelet counts return to normal within a few days. DIC ismostly associated with multi-organ failure, orhyperparasitaemia, andmay in some cases be due tosecondary bacterial infection or septicaemia.
Fresh whole blood if indicated, and available; and platelet transfusions if the platelet count is very low or there is evidence of bleeding; alternatively red cell concentrate plus fresh dried plasma and vitamin K.
Secondary bacterial infections may complicate malaria: aspiration pneumonia, urinary tract infections in catheterised patients, and nosocomial infections in hospitalised patients. Secondary bacterial infections are a particular problem in HIV co-infected patients. In asignificant number ofpatients with severemalaria, especially in children, bacteraemia and septicaemia have been noted, and Gramnegative and Gram-positive bacteria have been cultured. This syndrome is associated with high mortality, and is a particular problem in children.
Antibiotics (3rd generation cephalosporin) should be administered to all children with severe malaria, HIV-positive patients and to any patient in whom septicaemia is suspected. Although this is a bigger problem in children, most guidelines recommend antibiotics for adults too as the features of bacterial and malarial sepsis overlap. A broad-spectrum antibiotic should be administered to cover both Gram-positive and Gram-negative bacteria e.g. a 3rd generation cephalosporin.
In general, peripheral parasite counts above 5% should be regarded as severe malaria as this is associated with increased morbidity. Low parasite counts do not exclude severe malaria or complications, and a parasite count must always be interpreted together with the clinical picture and other laboratory findings. Parasite counts are not always accurate, and counts can vary cyclically, depending on when the smear is taken.
The peripheral parasite count does not accurately reflect the parasite load. In highly endemic malarious areas, semi-immune persons may tolerate high parasite densities, without clinical symptoms and complications. The presence of schizonts of P. falciparum in a peripheral blood smear is an important indicator of severe malaria.
The patient should be managed with a rapidly acting effective anti-malarial drug. The use of artemether-lumefantrine in hyperparasitaemia has not yet been studied and it is possible that the course of artemisinsin-derivative would be too short to see the same benefits of 7 days of artesunate. As hyperparasitaemia increases the risk ofmalaria complications (which are often underdiagnosed) and of malaria mortality, initial intravenous quinine therapy should be considered. The patient should be especially closely monitored for complications, even if these are not present initially. Exchange transfusion possibly has a role to play in patients with hyperparasitaemia whose parasite counts increase or fail to decrease significantly despite appropriate therapy.
The pathogenesis is unknown. The condition is seen in patients with G-6-PD deficiencies, which are treated with anti-malarial drugs, notably oxidant drugs like primaquine. The condition occasionally occurs in patients with severe malaria and in those with malaria treated with quinine. Intravascular haemolysis leads to anaemia, passage of haemoglobin in the urine, and varying degrees of renal failure.
Continue appropriate malaria chemotherapy: quinine may be continued (primaquine must be avoided in patients with G-6-PD deficiency). Supportive therapy should include blood transfusions for severe anaemia, adequate fluids and renal dialysis where indicated.
The role of exchange transfusion in severe malaria is controversial and there are no controlled studies to support its use.
Exchange transfusion may be considered for use in selected patients e.g. patients with hyperparasitaemia in whom the parasite count increases despite appropriate chemotherapy, and patients who develop multi-organ dysfunction despite appropriate chemotherapy.
The requirements for exchange transfusion include a safe bloodsupply, a skilled operator and a haemodynamically stable patient. The exchange volume should be 4-10 litres of blood for an adult.
Splenic rupture is a rare complication of malaria, and is more common in P. vivax infections.
Baird JK, Hoffman SL. Primaquine therapy for malaria.
Barnes KI et al. Efficacy of rectal artesunate compared to parenteral quinine in initial treatment of moderately severe malaria in African children and adults: a randomised study.
Beg MA et al. Cerebral involvement in benign tertian malaria.
Boland ME, Roper SM, Henry JA. Complications of quinine poisoning.
Boland PB et al. Maternal HIV infection and infant mortality in Malawi: evidence for increased mortality due to placental malaria infection.
Cohen C, Karstaedt A, Frean J, et al. Increased prevalence of severe malaria in HIV-infected adults in South Africa.
English M and Marsh K.
Falade C, Makanga M, Premij Z, et.al. Efficacy and safety of artemetherlumefantrine (Coartem®) tablets (six-dose regime) in African infants and children with acute, uncomplicated falciparum malaria.
Gaye O et al. Diagnosis of Plasmodium falciparum malaria using ParaSight F, ICT malaria PF and malaria IgG CELISA assays.
Grimwade K et al. HIV infection as a cofactor for severe falciparum malaria in adults living in a region of unstable malaria transmission in South Africa.
Grimwade K et al. Childhood malaria in a region of unstable transmission and high humans' immunodeficiency virus prevalence.
Hien TT et al. Comparative pharmacokinetics of intramuscular artesunate and artemether in patients with severe falciparum malaria.
Igbal J, Khalid N, Hira PR. Comparison of two commercial assays with expert microscopy for confirmation of symptomatically diagnosed malaria.
Krishna S, White N J. Pharmokinetics of quinine, chloroquine and amodiaquine. Clinical implications.
Marsh K et al. Clinical Algorithm for malaria in Africa.
McGready R, Cho T, Keo N K et al. Artemisinin anti-malarials in pregnancy: a prospective treatment study of 539 episodes of multi-drug resistant Plasmodium falciparum.
Newton PN et al. Randomized comparison of artesunate and quinine in the treatment of severe falciparum malaria.
Pasvol G et al. Quinine treatment of severe falciparum malaria in African children: a randomized comparison of three regimens.
Phan GT et al. Artemesinin or chloroquine for blood stage Plasmodium vivax malaria in Vietnam.
Riddle MS, Jackson JL et al. Exchange transfusion as an adjunct therapy in severe Plasmodium falciparum malaria: a meta-analysis.
Ringwald P. Monitoring anti-malarial drug efficacy.
Ter Kuile F et al. The burden of co-infection with human immunodeficiency virus type 1 and malaria in pregnant women in sub-Saharan Africa.
Taylor WR. Anti-malarial drug toxicity: a review.
Toovey S, Jamieson A. Co-artemether has been used in ambulatory treatment of falciparum malaria.
van Hensbroek M B et al. Quinine pharmacokinetics in young children with severe malaria American Journal of Tropical Medicine and Hygiene 1996; 54: 237 - 242 van Hensbroek M B, Onyiorah E, Jaffar S. et al. A trial of artemether versus quinine in children with cerebral malaria. New England Journal of Medicine 1996; 335: 69-75 von Seidlein L et al. A randomized controlled trial of artemether/benflumetol, a new anti-malarial, and pyrimethamine/sulphadoxine in the treatment of uncomplicated falciparum malaria in African children; American Journal of Tropical Medicine and Hygiene 1998; 58: 638 - 644 van Vugt M, Wilairatana P, Gemperli B, et al. Efficiency of six doses of artemether-lumefantrine (benflumetol) in multidrug-resistant Plasmodium falciparum malaria. American Journal of Tropical Medicine and Hygiene 1999; 60(6): 936-942 van Vugt M, Looareesuwan S, Wilairatana P, et al. Artemether-lumefantrine for the treatment of multidrug-resistant falciparum malaria. Transactions of the Royal Society of Tropical Medicine and Hygiene 2000; 94: 545-548 van Vugt M et al. A case-control auditory evaluation of patients treated with artemisinin derivatives for multi-drug resistant Plasmodium falciparum malaria. American Journal of Tropical Medicine and Hygiene 2000; 62: 65-69 van VugtMV et al. Efficacy of six doses of artemether-lumefantrine (benflumetol) in multidrug-resistant Plasmodium falciparum malaria.
White NJ. Optimal regimes for parenteral quinine.
White NJ. The treatment of malaria.
White NJ. The assessment of anti-malarial drug efficacy.
White NJ, Olliaro PL. Strategies for the prevention of anti-malarial drug resistance: rationale for combination chemotherapy for malaria.
White NJ, Looareesuwan S, Warrell DA, et al. Quinine loading dose in cerebral malaria. American Journal of Tropical Medicine and Hygiene 1983; 32: 1-5.
Malaria treatment guidelines Final Draft 23 June 2009 WHO Expert Committee on Malaria. Twentieth Report. Geneva, World Health Organization 2000; (WHO Technical Report, Series No.
QUININE (parenteral) 1 ampoule (1 ml) usually contains 300 mg quinine dihydrochloride Loading dose: Quinine dihydrochloride salt 20 mg/kg by IV infusion over 4 hours in 5% dextrose saline: [Important Note: No loading dose to be given if the patient has definitely received treatment doses of mefloquine, quinine (morethan 40 mg/kg in the previous 2 days), or quinidine or halofantrine (in the last 24 hours). If in doubt the loading dose should be given.] Maintenance dose: Eight hours after the start of the loading dose, give 10 mg/kg quinine dihydrochloride salt infused over 4-6hours, repeated every 8 hours until the patient can take oral quinine. Important Note: If a treatment dose of mefloquine has been taken in the 12 hours before severe malaria treatment starts, ECG monitoring would be advisable.]The required dose, diluted preferably in 5% dextrose to counteract hypoglycaemia, is given in a total volume of 5-10 ml/kg (depending on patient's fluid balance) by infusion into a large vein. Where facilities for IV infusion do not exist, quinine can begiven IM in the same dosage. The required dose, diluted to between 60 mg and 100 mg/ml, should be given as half the dose in each anterior thigh. Total quinine (parenteral and/or oral) duration at least 7-10days, or until smears are negative. Paediatric dose: Same as adult dose. All patients should ideally have cardiac monitoring. The dose of IV quinine should be reduced by 1/3-1/2 (to 5-7 mg/kg) on the third day of treatment if parenteral therapy is required for more than 48 hours because there has been nosignificant improvement in the clinical condition of the patient, or acute renal failure has developed.
QUININE (oral) 600 mg (i.e.
1 tablet usually every 8 hours for 7 days or 10 8 hours for 7 days. The tablets contains 300 mg mg salt/kg (maximum usually may be crushed with banana, quinine sulphate 600 mg) 8 hourly for 7 days jam or chocolate syrup.
Use in combination tolerated after starting quinine. years old.
with quinine 200 mg stat; followed by 100200 mg daily for 7 days. Avoid in pregnancy. 4 mg/kg stat, then 2 mg/kg daily for at least 7 days or until negative smears.
Use in combination tolerated after starting quinine mg/kg tds for 7 days.
with quinine in 10 mg/kg bd for 7 days or 5 pregnancy and mg/kg tds for 7 days.
artemether 20 mg plus lumefantrine 120 mg. 15-<25 kg: Two tablets stat, followed by two after 8 hours and then two twice daily on each of the following two days (total course = 12 tablets) 25-<35 kg: Three tablets stat, followed by three after 8 hours andthen three twice daily on each of the following two days (total course = 18 tablets) 35-<65 kg: Four tablets stat, followed by four after 8 hours and then four twice daily on each of the following two days (totalcourse = 24 tablets). >65 kg: Dose as for > 35 kg above, although inadequate experience in this weight group justifies closer monitoring of treatment response. Administer with food/milk containing at least 1.3g fat to ensure adequate absorption.
CHLOROQUINE Orally: 1.
1 tablet contains 150 later, and 300 mg once daily on regimen.
mg chloroquine base second and third days.
PRIMAQUINE 1 tablet usually contains 26.3 mg primaquine phosphate = 15 mg primaquine base. Orally: 15 mg base daily for 14 days following standard treatment or 0.25 mg base/kg daily for 14 days. In mild G-6-PD Deficiency (1060% residual G-6-PD activity): 45 mg base weekly/0.5-0.8 mg base/kg body weight once a week for six to eight weeks. Contra-indicated in children under 1 year old. 0.25-0.3 mg base/kg daily for 14 days following standard treatment. In mild G-6-PD Deficiency: 0.50.8 mg base/kg weekly for 8 weeks.
MEFLOQUINE (not registered for treatment of malaria in South Africa) 1 tablet contains 250 mg base Oral, 25 mg/kg base (maximum total dose 1.5 g) in 2-3 divided doses 6-8 hours apart as follows: loading dose, 750 mg; then 500 mg after 6-8 hours and 250 mg after a further 6-8 hours. Oral, 25 mg/kg base as a single dose or 2 divided doses.
Adapted with permission from the Malaria Update, edited by A. Swart of the Medicines Information Centre, UCT.
Patients, who vomit less than 30 minutes after receiving the drug orally, should be given a second full dose. If they vomit 30-60 minutes after the dose, an additional half-dose should be given.
When treating severe malaria, oral treatment should be substituted as soon as the patient can take tablets by mouth and at least 3 doses of parenteral quinine have been given.
For P. vivax malaria acquired in Oceania and southeast Asia the dose of primaquine should be increased to 0.33-0.5 mg base/kg daily for 14 days.
Malaria is a progressive and unpredictable disease.
Complications may develop despite treatment.
Severity of disease is frequently underestimated, so careful monitoring of all patients is mandatory.
Only patients with malaria who are ambulant, with normalmental state, adequate urine output, able to take oral medication, and not vomiting excessively can be considered as uncomplicated. Note: All pregnant women and children < 1 year should be regarded as high-risk patients and treated with quinine at the highest level of care available.
Severe vomiting, diarrhoea or dehydration, decreased urine output (<0.
Monitor fluid balance carefully. Avoid over-OR under-hydration. Fluid overload is extremely dangerous as it may precipitate potentially fatal respiratory failure. Hypovolaemia is also dangerous and may potentiate renal failure, metabolic acidosis and circulatory collapse. Accurate recording of fluid input and output is essential. Frequent central venous pressuremonitoring is recommended; maintain between 0 and 5 cm H2O.
A rapid initial measurement of blood glucose level and 4-6 hourly monitoring for hypoglycaemia are essential.
Regular monitoring of temperature, respiratory rate, blood pressure, and level of consciousness is mandatory.
Look for and manage any associated infections. Where indicated, bacterial meningitis should be excluded by lumbar puncture, or covered by appropriate empiric antibiotic treatment.
Reduce fever > 39 ºC by tepid sponging, and paracetamol.
Transfuse if haemoglobin â¤ 6 g/dl (haematocrit < 20%) or anaemia associated with haemodynamic compromise.
Laboratory tests: Regular monitoring of haemoglobin, urea and electrolytes, acid-base status, and an initial assessment of liver function.
Level of parasitaemia should be assessed daily; at 72 hours, level of parasitaemia should be less than 25% of baseline.
Early dialysis (haemo- or peritoneal dialysis) is recommended and may be life-saving. Indications for dialysis include metabolic acidosis, hyperkalaemia, fluid overload, rapidly rising creatinine or patients who remain anuric after adequate re-hydration.
Treat seizures promptly with intravenous benzodiazepines (check for hypoxia and hypoglycaemia).
Respiratory failure (ARDS/pulmonary oedema): Administer oxygen, furosemide, assisted ventilation (PEEP) if required.
As malaria complications develop rapidly, regular monitoring and urgent interventionsmay be lifesaving.
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There will be a video link-up to Imbizo Media Centre, 120 Plein Street, Cape Town.
Last modified: 18 March 2009 17:27:50.
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Given under my Hand and the Seal of the Republic of South Africa at Cape Town this eighteenth day of June Two thousand and nine.
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In order to fulfil its mandate of halving poverty and unemployment in South Africa by 2014, the Government, working with its social partners, intends to move the country to a higher range of growth.
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The Department of Education wishes to salute all schools and teachers who have entered the National Teaching Awards since 2000. The Department acknowledges their extraordinary efforts which have been made often under very difficult conditions and as a service to our children, many of whom come from poor communities.
The National Teaching Awards Scheme conceptualised and launched in 2000 now enters its tenth year of implementation. Through extensive consultation, the scheme has been refined, sharpened as well as broadened in terms of its frame and categories. This information leaflet welcomes you to the National Teaching Awards 2009.
The National Teaching Awards are but one of the ways in which the Department of Education acknowledges and encourages dedicated and caring teachers in their efforts to develop each learner as a citizen of a democratic, non-racial and non-sexist South Africa.
Afford South Africans the opportunity to publicly say thank you to outstanding teams or individual teachers in schools.
Cash awards received by schools/centres must be used for staff development to improve classroom practice.
NB: These amounts could be reviewed.
Maintaining high standards of performance and professionalism and aiming to be the best in everything including being fair, ethical and trustworthy.
Refers to two or more people cooperating with one another/working as partners in a school/centre, in an open and supportive way to achieve shared organisational goals. A team should be a group of colleagues in a particular grade, phase, learning area or the school/centre management team. A maximum of 5 (five) educators may form a team.
This refers to learners' needs, interests and background (social, economic, political, cultural, etc.
Differences in people, taking into account the following aspects: culture, language, geographical background, ability, age, economic and social background, etc.
This refers to everyone that has relevance in the school/centre setting (i.e.
All entries will be assessed against the general criteria and the specific criteria of the category entered for.
Creatively and innovatively adhering to curriculum outcomes and assessment stan-dards relevant to the learners' developmental levels.
Creating a supportive and caring environment that helps children to manage their own behaviour.
Receiving results, awards and recognition over a long period of time, e.g.
Showing endurance, commitment and perseverance to the benefit of the school and the education sector in general (e.g.
Nominees are limited to one category at a time. Entering for more than one category will lead to disqualification.
A separate form must be used for each category. A school/centre is provided with enough booklets and must use the attached forms for the categories entered in.
The category for each nominee must be clearly marked.
The school/centre must ensure that the Nomination Forms, Self/Team Portrait Forms and the School/Centre Motivation Forms are clearly completed. These forms must be sent to the District Office by no later than 19 June 2009.
You are free to make photocopies of the Nomination Form or access forms via the website of the Department of Education: www.education.gov.za and the Thutong Portal: www.thutong.org.
Even in the case where the District Official nominates, it is still necessary for the Principal/Centre Manager to sign the forms.
If a principal of a school/centre or a School Management Team/Centre Management Team is a nominee, then the School/Centre Governing Body and the School/Centre Nomination Team must agree on a person who will sign on behalf of the principal and motivate why such a person was chosen to sign.
Once suitable teachers/teams have been nominated, their names must be filled in on the Nomination Forms provided.
District Officials may also nominate in consultation with the school/centre community.
The staff and the SGB/CGB members of the school/centre must study the criteria requirements of each Category and draw up attributes or qualities that would match their nominees with a particular given criteria.
Participants in the National Teacher Awards are requested to compile a poster of their work. This poster will be used in the national adjudication interviews and displayed at an exhibition that will precede the gala dinner later in the year.
Please use a background size not exceeding 1 square metre to present your work. A black background is preferable, but if black is not available any other colour is acceptable. Mounting of the material for presentation will be done by the organizers of the exhibition.
a thought (150 words) on what the National Teaching Awards means to you as an educator.
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First (2hrs) and Second Add.
First and Second Add.
CAT and IT Practical will be administered prior to the official examination period. Learners not offering CAT and IT will attend school as normal on 7, 8 and 9 October 2009. From 12 October to 23 October normal classes continue. No Gr. 12 learner may be released for study purposes before 23 October 2008 to secure three weeks contact time in the 4th term.
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T Marawu to celebrate Mandela Day, 18 Jul class="MsoNormal">As part of her contribution to the Nelson Mandela Day programme, Eastern Cape Transport MEC Thandiswa Marawu, will be leading Operation Asihleki roadblocks with traffic officers during the re-launch of scholar transport throughout the province on Monday, 18 July 2011.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20051&tid=37511 Size: 550 bytes Collection: speeches_cm?
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=13789&tid=22623 Size: 1KB Speaker: J Zuma Collection: speeches_cm?
URL: http://www.info.gov.za/speeches/2009/09043009051001.
The Extra Ordinary Summit of the Organ Troika on Politics, Defence and Security Co-operation, which was held in Swaziland yesterday, decided to submit to SADC a number of resolutions on the development in Madagascar. That matter is going before SADC Summit and I am certain that SADC will be equal to the task of defining sanctions. With regards to SADC action, yes SADC should have acted long before this thing happened.
URL: http://www.info.gov.za/speeches/2009/09032016451001.
URL: http://www.info.gov.za/speeches/2009/09012809451001.
The Ministry of Defence has noted with alarm and shock media reports that a member of the South African National Defence Force (SANDF) had shot and killed a 70 year old woman and at a separate incident, another member attacked and stabbed a woman seven times inside a court.
URL: http://www.info.gov.za/speeches/2009/09012314151001.
The Minister of Defence, Mr Charles Nqakula will on Thursday, 8 January 2009, visit with over 300 new South African Air Force Military Skills Development System (MSDS) recruits at the South African Air Force Gymnasium in Thaba Tshwane. Once assembled they will be transported to the various training institutions of the four Arms of Service, (SA Army, SA Air Force, SA Navy and SA Military Health Service) of the SANDF to begin their basic military training.
URL: http://www.info.gov.za/speeches/2009/09010612451001.
URL: http://www.info.gov.za/speeches/2008/08120810451004.
Briefing by Minister Charles Nqakula on the signing ceremony of the Convention on Cluster Munitions and update on the Burundi situation Pretoria: The South African Defence Minister, Mr Charles Nqakula will address the media on the signing ceremony of the Convention on Cluster Munitions and update on the situation in Burundi. Members of the media who wish to cover the briefing should produce their press cards or South African identity documents (IDs) for easy access.
URL: http://www.info.gov.za/speeches/2008/08112810151001.
The South African delegation comprises of the Ministers of Home Affairs, Honourable Nosiviwe Mapisa-Nqakula, Correctional Services, Honourable Ngconde Balfour, Intelligence, Honourable Dr Siyabonga Cwele, Justice and Constitutional Development, Honourable Enver Surty, Safety and Security, Honourable Nathi Mthethwa, Deputy Ministers of Defence, Honourable Fezile Bhengu, Correctional Services, Honourable Lorretta Jacobus and senior government officials.
Those countries are Uganda, the Chairperson of the Regional Initiative, Tanzania the Deputy and South Africa as the facilitation country. The meeting will be co-chaired by the three respective chairs: SADC President Motlanthe, EAC President Kagame of Rwanda and from COMESA and President of Kenya and Uganda is the host of this meeting.
The report we gave to the recent Lekgotla, therefore, dealt with the following aspects: * the review of the criminal justice system serious and violent crime * the detention and rehabilitation of offenders * issues relating to migration * the protection of major events. It is the cluster's intention to build a solid foundation for the overhauled system because an effective Criminal Justice System is the best guarantor for the reduction of crime.
Our people dissociated themselves from the displacement from our various communities of more than 40 000 South African citizens and foreign nationals. The displaced people were put in temporary shelters, after they themselves had sought refuge at police stations, community and church halls. The biggest number of people is in the Western Cape where about 5 175 people are accommodated and in Gauteng, where there are approximately 3 000.
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My fellow awardees and I are profoundly humbled and deeply honoured by the decision of the government of India to bestow this award upon us. We come from a wide range of countries and from different parts of the globe. Today you give recognition to awardees who have made contributions to civil society, government, business, sciences, various professions and philanthropic causes. We sincerely thank you and the Indian government for this generous gesture.
In each of the societies we belong to, we have contributed to the welfare and development of our own communities and our brothers and sisters from other communities as we advanced as a single nation and country. In each of our countries we have been mindful of the general good of all people and have built resilient national bonds while aware of our many identities.
South Africa (SA) has the largest number of people of Indian origin in the world. SA has the historic privilege of being home to the two greatest icons of the twentieth century, Mahatma Gandhi and Nelson Mandela. Both these great individuals have given the world and our two countries, a lasting and powerful legacy - a legacy of righteousness, freedom, justice, peace and harmony. A profound legacy of uncompromising resistance to oppression, inequality, greed, chauvinism, and sectarianism. Their legacy requires us and future generations to strengthen the values of truth, solidarity, sharing and integrity. They both sought the simultaneous and interactive development of the moral person and the moral society. They replaced self-interest with national interest without minimising the importance of self.
In the past few years, your Excellency, your government has recognised the contribution of other South Africans such as Ahmed Kathrada, Fatima Meer, Billy Nair among others, for their contribution to the liberation of SA from the firm grip of apartheid to a proud democratic, non-racial, non-sexist SA. We thank you for honouring our struggle for democracy and thank the government and people of India for their bold and unequivocal support spanning many decades.
Our former president Nelson Mandela, paid tribute to India and its leaders in a letter he wrote on August 3, 1980 while he was still in prison on Robben Island. He wrote, "It would be a grave omission on our part if we failed to mention the close bonds that have existed between our people and the people of India, and to acknowledge the encouragement, the inspiration and the practical assistance we have received as a result of the international outlook of the All-India Congress." India's contribution to the struggle against apartheid will never be forgotten!
It is a remarkable coincidence that today, January 9, is the day when Mahatma Gandhi returned to India from SA in 1915, to lead the struggle against British colonial rule for independence and peace in this country. Mandela said of the Mahatma;. "India is Gandhi's country of birth; South Africa his country of adoption. He was both an Indian and a South African citizen. Both countries contributed to his intellectual and moral genius, and he shaped the liberatory movements in both colonial theaters".
This year, 2010 marks 150 years since the first Indians arrived in SA on November 16, 1860. It is also 20 years since Nelson Mandela was released from prison to become the first President of a democratic SA. This year we will celebrate, with all South Africans, the achievements and contributions of South Africans of Indian origin to the development and democratisation of SA. We will celebrate the fact that in 150 years, we have overcome our past as cutters of cane, artisans and small business owners with no democratic right to become full citizens of a democratic SA. These changes happened largely through the efforts of Mr Mandela and the African National Congress.
We receive this award at a time when the world is still reeling from the worst economic meltdown since the depression of 1924. In the past 16 months, the world has witnessed economic turbulence not seen in most of our lives. Globally, more than 50 million people have lost their jobs. That's 50 million households in distress. While this recession has caused huge damage to the financial and real economies throughout the world, it is the human cost in livelihoods, dignity, and happiness of millions of people that remains most severe.
The causes of the economic crisis have been spoken about on many different platforms and I don't want to belabour the point here - safe to say that unscrupulous human behaviour gave rise to much of this crisis. There is a lot to reform and improve, mostly to strengthen the ability of the poorer members of the international community to develop and to become a bigger voice in the global village - India plays an important role in this process. Even as we search for a new economic paradigm, let us recognise that no system in the world is sustainable if it is not underpinned by a sense of morals, ethics and values. No system can succeed if it persistently ignores the plight of the poor.
During Nelson Mandela's Nobel Peace Prize Acceptance Address he said "Let the efforts of us all, prove that Martin Luther King was not a mere dreamer when he spoke of the beauty of genuine brotherhood and peace being more precious than diamonds or silver or gold". The world needs leadership based on the values and legacy of Gandhi and Mandela.
The 20th century rid the world of colonialism and oppression in large part. As we begin the second decade of the 21st century we must all take responsibility to lay a solid foundation for a better, more just, more fair and a more equal world. A world in which the poor have as much to gain as the privileged. A world in which developing countries have as much influence as developed countries in shaping the globe's destiny. A world in which our children and grandchildren can say we have taken Gandhi's and Mandela's vision of a better world a significant step forward.
I conclude by inviting all of you to attend the Soccer World Cup in South Africa in June which will be an important milestone for Africa and Southern Africa. On behalf of all the awardees, I would like to again thank the Indian government for the hospitality and generosity.
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In his acceptance speech, Minister Gordhan said, "it is a remarkable coincidence that today, January 9, is the day when Mahatma Gandhi returned to India from South Africa in 1915, to lead the struggle against British colonial rule for independence and peace in this country. President Nelson Mandela said of the Mahatma; 'India is Gandhi's country of birth; South Africa his country of adoption. He was both an Indian and a South African citizen.'
2010 also marks 150 years since the first Indians arrived in South Africa on November 16, 1860. It is also 20 years since Nelson Mandela was released from prison to become the first President of a democratic South Africa. "This year we will celebrate, with all South Africans, the achievements and contributions of South Africans of Indian origin to the development and democratisation of SA. We will celebrate the fact that in 150 years, we have overcome our past as cutters of cane, artisans and small business owners with no democratic rights to become full citizens of a democratic SA largely through the efforts of Mr Mandela and the African National Congress," Minister Gordhan said in his address.
The full text of the acceptance speech of the Minister is on www.treasury.gov.za.
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Finance Minister Pravin Gordhan will present the budget speech to Parliament on February 17 2010. Journalists will be given access to the documents in a media lock-up under police surveillance.
Lock-ups have been arranged in Cape Town and Pretoria. Leaks during the embargo are taken seriously and those found guilty may face severe consequences. Therefore the responsibility to ensure that the embargo is not broken is on journalists and editors. Information contained in the documents can only be published/aired once the embargo is lifted.
Journalists must confirm their attendance and details by no later than Friday, February 5 2010. Those attending the Cape Town lock-up can confirm their details with Lindani Mbunyuza on (012) 315 5645 or lindani.mbunyuza@treasury.gov.za. Those attending the Pretoria lock-up can confirm details with Kershia Singh on (012) 315 5819 or kershia.singh@treasury.gov.za.
ï· All office doors are to remain open at all times.
ï· Stories can be transmitted to Editors ONLY from 13:00 (with full observation of the embargo).
ï· Cellphones are to be switched off, placed in an envelope and handed over to National Treasury officials.
ï· E-mails cannot be sent during the lock-up; landline telephones must be off the hook and should not be used under any circumstances.
ï· Nobody will be allowed to leave the lock-up before the embargo is lifted.
30 (Imbizo media centre, 120 Plein Street, Cape Town). Journalists will be escorted to the venue.
ï· For access to Parliament for the speech and to broadcast from the Parliamentary precinct please send your details to erandall@parliament.gov.
The lock-up will end when Finance Minister Pravin Gordhan starts his address in Parliament.
<fn>GOV-ZA.20100128gg32912notice65childjusticeactEn.2012-02-10.en.txt</fn>
in consultation with the Minister of Finance, determine the allowances and remuneration set out in paragraph 2 of the Schedule in respect of the persons mentioned in paragraph (a) above.
Any person referred to in paragraph 1 of this Schedule, who has been ordered by the court in terms of section 11(3) of the Act to evaluate the criminal capacity of a child and who is in the full-time employment of the State, shall not be entitled to any additional professional allowance or remuneration in connection with the evaluation.
evaluate the criminal capacity of a child and who is not in the full or part-time employment of the State, shall be remunerated for the evaluation and preparation of the report at the rate of R550.00 per hour or part thereof.
report at the rate of R420.00 per hour or part thereof.
<fn>GOV-ZA.20100203Fifa2010JusticeblueprintEn.2012-02-10.en.txt</fn>
South Africa and the African continent by extension will host an exceptionally successful FIFA 2010 World Cup Soccer Tournament. Consistent with its obligations and undertakings to have this realized, government has identified those critical areas of focus that have received attention to ensure that the tournament in fact becomes a success.
Those areas include safety and security, transport system and the hospitality industry. The administration of justice is also a critical area into which the safety and security feeds. To this end, the Department of Justice and Constitutional Development developed and has begun implementing the FIFA 2010 Administration of Justice Blue Print. The Blue Print was preceded by interaction and consultation with various stakeholders, both locally and internationally. We met with the Germans. We had consultations with local stakeholders, namely the South African Police Service, National Prosecuting Authority, Legal Aid South Africa (LASA), the Judiciary and the Department of Correctional Services.
The Blue Print speaks mainly to the following areas: planning, resource mobilization, execution as well as monitoring and evaluation.
93 foreign language interpreters.
The courts will operate on a two shift seamless basis with the day shift operational from 08h30 to 16h30 and the night shift operational from 16h30 until 23h00. There will be two Magistrates for each dedicated court. The same arrangement applies in the case of clerical staff, prosecutors and LASA officials.
The intention here is avoid burdening our existing court rolls with the FIFA tournament cases. We appreciate and took into account the fact that this is a unique situation that attracts tourists from all over the globe and there could be challenges attendant. We decided to put measures in place in order to have those cases that may be court ready finalized as soon as it is possible and practical to do so. There will be no leniency and no different standards will apply. Rules of engagement will be observed the same way as will be the case in other courts.
There will not be any mobile courts at the stadia. We will make use of the existing physical infrastructure at our justice facilities.
Any individual whose conduct will be at variance with the law will be dealt with by the agencies of the State in accordance with the laws of the Republic and the Constitution. The courts will be operational two weeks preceding the tournament and will run for a further weeks after the tournament has ended.
<fn>GOV-ZA.20100212Gg32941Noticer86RulesEn.2012-02-10.en.txt</fn>
The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), with the approval of the Minister for Justice and Constitutional Development, made the rules in the Schedule.
[ ] Expressions in bold type in square brackets indicate omissions from existing rules.
Expressions underlined with a solid line indicate insertions into existing rules.
In this Schedule "the Rules" means the rules regulating the conduct of the proceedings of the several provincial and local divisions of the High Court of South Africa published under Government Notice No. R. 48 of 12 January 1965, as amended by Government Notices Nos. 235 of 18 February 1966, R. 2004 of 15 December 1967, R. 3553 of 17 October 1969, R. 2021 of 5 November 1971, R. 1985 of 3 November 1972, R. 480 of 30 March 1973, R. 639 of 4 April 1975, R. 1816 of 8 October 1976, R. 1975 of 29 October 1976, R. 2477 of 17 December 1976, R. 2365 of 18 November 1977, R. 1546 of 28 July 1978, R. 1577 of 20 July 1979, R. 1535 of 25 July 1980, R. 2527 of 5 December 1980, R. 500 of 12 March 1982, R. 773 of 23 April 1982, R. 775 of 23 April 1982, R. 1873 of 3 September 1982, R.
October 1982, R. 645 of 25 March 1983, R. 841 of 22 April 1983, R. 1077 of 20 May 1983, R. 1996 of 7 September 1984, R. 2094 of 13 September 1985, R. 810 of 2 May 1986, R. 2164 of 2 October 1987, R. 2642 of 27 November 1987, R. 1421 of 15 July 1988, R. 210 of 10 February 1989, R. 608 of 31 March 1989, R. 2628 of 1 December 1989, R. 185 of 2 February 1990, R. 1929 of 10 August 1990, R. 1262 of 30 May 1991, R. 2410 of 30 September 1991, R. 2845 of 29 November 1991, R. 406 of 7 February 1992, R. 1883 of 3 July 1992, R. 109 of 22 January 1993, R. 960 of 28 May 1993, R. 974 of 1 June 1993, R. 1356 of 30 July 1993, R. 1843 of 1 October 1993, R. 2365 of 10 December 1993, R. 2529 of 31 December 1993, R. 181 of 28 January 1994, R. 411 of 11 March 1994, R. 873 of 31 May 1996, R. 1063 of 28 June 1996, R. 1557 of 20 September 1996, R. 1746 of 25 October 1996, R. 2047 of 13 December 1996, R. 417 of 14 March 1997, R. 491 of 27 March 1997, R. 700 of 16 May 1997, R. 798 of 13 June 1997, R. 1352 of 10 October 1997, R. 785 of 5 June 1998, R. 881 of 26 June 1998, R. 1024 of 7 August 1998, 1723 of 30 December 1998, R. 315 of 12 March 1999, R. 568 of 30 April 1999, R. 1084 of 10 September 1999, R. 1299 of 29 October 1999, R. 502 of 19 May 2000, R. 849 of 25 August 2000, R. 373 of 30 April 2001, R. 1088 of 26 October 2001, R. 1755 of 5 December 2003, R. 229 of 20 February 2004, R. 1343 of 12 December 2008, R. 1345 of 12 December 2008, R. 516 of 8 May 2009 and R. 518 of 8 May 2009.
If in any proceedings before the court, the validity of a law is challenged, whether in whole or in part and whether on constitutional grounds or otherwise, the party challenging the validity of the law shall join the provincial or national executive authorities responsible for the administration of the law in the proceedings and shall in the case of a challenge to a rule made in terms of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), cause a notice to be served on the Rules Board for Courts of Law, informing the Rules Board for Courts of Law thereof.
These rules shall come into operation on 12 March 2010.
<fn>GOV-ZA.20100212gg32941noticer87rulesEn.2012-02-10.en.txt</fn>
October 1982, R. 645 of 25 March 1983, R. 841 of 22 April 1983, R. 1077 of 20 May 1983, R. 1996 of 7 September 1984, R. 2094 of 13 September 1985, R. 810 of 2 May 1986, R. 2164 of 2 October 1987, R. 2642 of 27 November 1987, R. 1421 of 15 July 1988, R. 210 of 10 February 1989, R. 608 of 31 March 1989, R. 2628 of 1 December 1989, R. 185 of 2 February 1990, R. 1929 of 10 August 1990, R. 1262 of 30 May 1991, R. 2410 of 30 September 1991, R. 2845 of 29 November 1991, R. 406 of 7 February 1992, R. 1883 of 3 July 1992, R. 109 of 22 January 1993, R. 960 of 28 May 1993, R. 974 of 1 June 1993, R. 1356 of 30 July 1993, R. 1843 of 1 October 1993, R. 2365 of 10 December 1993, R. 2529 of 31 December 1993, R. 181 of 28 January 1994, R. 411 of 11 March 1994, R. 873 of 31 May 1996, R. 1063 of 28 June 1996, R. 1557 of 20 September 1996, R. 1746 of 25 October 1996, R. 2047 of 13 December 1996, R. 417 of 14 March 1997, R. 491 of 27 March 1997, R. 700 of 16 May 1997, R. 798 of 13 June 1997, R. 1352 of 10 October 1997, R. 785 of 5 June 1998, R. 881 of 26 June 1998, R. 1024 of 7 August 1998, 1723 of 30 December 1998, R. 315 of 12 March 1999, R. 568 of 30 April 1999, R. 1084 of 10 September 1999, R. 1299 of 29 October 1999, R. 502 of 19 May 2000, R.
"(5)(b) The registrar shall [forthwith] give the [applicant written notice of the date of hearing, whereupon the applicant shall forthwith deliver a notice of set down and in writing give notice thereof to the clerk of the court from which the appeal emanated] parties and the clerk of the court from which the appeal emanated, at least 20 days' written notice of the date of set down."
<fn>GOV-ZA.20100212gg32941noticer88rulesEn.2012-02-10.en.txt</fn>
"(5A) Simultaneously with the delivery by a claimant of particulars of claim, such claimant shall specify an address for service within eight kilometres of the office of the registrar as referred to in rule 6(5) (b)."
<fn>GOV-ZA.20100212gg32941noticer89rulesEn.2012-02-10.en.txt</fn>
R. 2642 of 27 November 1987, R. 1421 of 15 July 1988, R. 210 of 10 February 1989, R. 608 of 31 March 1989, R. 2628 of 1 December 1989, R. 185 of 2 February 1990, R. 1929 of 10 August 1990, R. 1262 of 30 May 1991, R. 2410 of 30 September 1991, R. 2845 of 29 November 1991, R. 406 of 7 February 1992, R. 1883 of 3 July 1992, R. 109 of 22 January 1993, R. 960 of 28 May 1993, R. 974 of 1 June 1993, R. 1356 of 30 July 1993, R. 1843 of 1 October 1993, R. 2365 of 10 December 1993, R. 2529 of 31 December 1993, R. 181 of 28 January 1994, R. 411 of 11 March 1994, R. 873 of 31 May 1996, R. 1063 of 28 June 1996, R. 1557 of 20 September 1996, R. 1746 of 25 October 1996, R. 2047 of 13 December 1996, R. 417 of 14 March 1997, R. 491 of 27 March 1997, R. 700 of 16 May 1997, R. 798 of 13 June 1997, R. 1352 of 10 October 1997, R. 785 of 5 June 1998, R. 881 of 26 June 1998, R. 1024 of 7 August 1998, 1723 of 30 December 1998, R. 315 of 12 March 1999, R.
"(2A) Notwithstanding anything in this rule contained, any document authenticated in accordance with the provisions of the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents shall be deemed to be sufficiently authenticated for the purpose of use in the Republic where such document emanates from a country that is a party to the Convention."
Circuit Office -Phokwane / Nebo Sekhukhune Sekhukhune Circuit office 2 1 2010 2013 Programme 1 R 6,925 R 29,849 R 17,298 R 6,925 R 5,626 R 0 1.
<fn>GOV-ZA.20100212gg32941noticer90rulesEn.2012-02-10.en.txt</fn>
R. 2642 of 27 November 1987, R. 1421 of 15 July 1988, R. 210 of 10 February 1989, R. 608 of 31 March 1989, R. 2628 of 1 December 1989, R. 185 of 2 February 1990, R. 1929 of 10 August 1990, R. 1262 of 30 May 1991, R. 2410 of 30 September 1991, R. 2845 of 29 November 1991, R.
R. 1084 of 10 September 1999, R. 1299 of 29 October 1999, R. 502 of 19 May 2000, R. 849 of 25 August 2000, R. 373 of 30 April 2001, R. 1088 of 26 October 2001, R. 1755 of 5 December 2003, R. 229 of 20 February 2004 and R. 1343 of 12 December 2008, R. 1345 of 12 December 2008, R. 516 of 8 May 2009 and R. 518 of 8 May 2009.
afford the party liable to pay costs at the time therein stated, and for a period of ten (10) days thereafter, by prior arrangement, during normal business hours and on any one or more such days, the opportunity to inspect such documents or notes pertaining to any item on the bill of costs; and days, a written notice of opposition, specifying the items on the bill of costs objected to, and a brief summary of the reason for such objection.
TAKE NOTICE THAT (party) intends submitting the attached bill of costs to the taxing master at (place) for taxation.
between the hours of (business hours) for a period of ten (10) days after receipt of this notice.
receipt of this notice.
In your notice of intention to oppose you shall list all the items on the bill of costs to which you object, and a brief summary of the reason for your objection.
If you do give notice of intention to oppose within the specified time, you may at the taxation object to the items specified in your notice of opposition.
<fn>GOV-ZA.2010022102En.2012-02-10.en.txt</fn>
At the invitation of South Africa, we met on 21 February 2010 in Cape Town for our fourth meeting, under the auspices of the African Development Bank (AfDB), the Economic Commission for Africa and the African Union Commission.
Present at the meeting were the following countries and institutions: South Africa, Algeria, Botswana, Cameroon, Egypt, Kenya, Nigeria, Tanzania, and Central Bank of West African States (BCEAO) and Central Bank of Central African States (BEAC). The meeting was opened and chaired by Honorable Minister Pravin Gordhan, Minister of Finance of South Africa.
Our objectives were to: take stock of the impact of the crisis; consider measures to recovery and restore growth; review matters arising from the G20 work plan; assess financial issues arising from the Copenhagen Climate Change Summit; and to agree on the way forward.
We undertook an in-depth and comprehensive review of our various regions' economic performance and the outlook for 2010. We noted that while much of Africa has avoided the worst effects of the global recession, Africa faces significant risk ahead. The crisis has significantly undermined Africa's growth and set back efforts to reduce poverty. The meeting reiterated the determination to take measures which will consolidate the recovery of our economies. The resilience built by a decade of economic reforms has provided a sound foundation for recovery. We will continue to take measures that improve business confidence and raise domestic resource mobilisation, taking into account that our economies will recover with a lag.
We welcomed the G20 Pittsburgh commitments and urged that these be fully implemented. We remain concerned however that Africa is not adequately represented in the G20 and other international Forums where decisions which will impact our continent are made or formulated, and would like to see development challenges put much more firmly at the center of the agenda of reshaping the global economy.
We welcome the G20's framework for strong, sustainable and balanced growth, while recognising the fragility of the recovery and its sustainability. For global growth to be sustained, it must be balanced and shared. Africa has a contribution to make to this recovery as an additional pole of growth, provided attention is given to the drivers of growth, investing in human and physical capacity, developing the capacity to trade, regional economic integration, and convergence with the rest of the global economy. We realise that each country should develop its own growth strategy, coordinated on a regional basis. We agree that infrastructure including energy, IT and regional transport corridors create an opportunity to attract investment and stimulate growth. We will give this matter special attention and are looking for partnerships both public and private. In particular, we welcome the "Invest Africa" initiative to be convened by Egypt in 2011, aimed at attracting investment, especially for closing the infrastructure gap in Africa.
We will seek better cooperation with other developing countries to strengthen Africa's position. We believe that 2010 offers an opportunity for the G20 to establish a framework for inclusive global growth, developing new transformative partnerships to enhance African growth. We will seize the opportunity to discuss these ideas with South Korea and Canada as the current Chairs respectively of the G20 and the G8. We understand that Korea will include development in the agenda for the G20 Summit in November. We look forward to discussing these themes with the G20 Chairs.
We commended the African Development Bank for its timely, effective and efficient response to the crisis and we fully support the replenishment of its resources. We noted with appreciation the unanimous support given by African governors at their meeting in Tunis on February 12th 2010 for a 200% general capital increase. We call on the non-regional members of the Bank to join regional members in supporting the general capital increase. We believe a generous replenishment of the ADF will be important for low income countries and is complementary to a general capital increase. The Bank has demonstrated clearly that it has the capacity to deliver effectively a higher level of resources and to produce results.
We noted in particular that the revised banking and financial regulatory standards will have significant consequences for our banking sector through the additional compliance required.
Banks and regulators to discuss the key issues to feed our views into the consultative process before it closes in April.
We noted the outcome of the Copenhagen Summit. The continent has an enormous energy deficit and this severely limits growth and private sector development. While recognising the great importance of pursuing a lower carbon growth path, we are conscious of the higher costs this entails and feel that external support for this should not be at the expense of existing under-resourced development needs. We therefore welcome the intention expressed in Copenhagen to make additional resources available, including for adaptation and to reduce deforestation. Consistent with the African position at Copenhagen as expressed by Prime Minister Meles Zenawi, a significant part of these additional funds should be channeled through the African Development Bank.
We welcome the recent formation of the High Level Advisory Group, co-chaired by Prime Ministers Gordon Brown and Meles Zenawi, to mobilise new and innovative resources for climate change. We are pleased that the Group will be evenly balanced between developing and developed countries. We support Prime Minister Meles Zenawi. For our part African countries will build up institutional capacity, prepare National Action Plans, and develop and submit investment proposals.
We reaffirmed the crucial importance of our group's work, as mandated by Ministers of Finance and Central Bank Governors at the meeting in Tunis in November 2008. In order to make our work more effective in helping to shape African perspectives and to develop a collective position we agreed the following arrangements: we will meet formally twice a year, supplemented as required by informal meetings in the margins of other events. Our meetings will be prepared by our Deputies who will meet more frequently and who will establish specific task teams as needed. At our request, South Africa has agreed to Chair the Committee throughout 2010, supported by Egypt, as Vice Chair. We asked the African Development Bank to provide the Secretariat for the Committee, assisted by the ECA and AUC. We accepted the invitation to meet in Cairo, Egypt in September 2010.
We express our gratitude to the South African Government for its hospitality.
<fn>GOV-ZA.2010030501En.2012-02-10.en.txt</fn>
Section 214 of the Constitution requires that government ensures a transparent and equitable system to divide nationally-raised revenue between the three spheres of government. The Division of Revenue Bill and its underlying allocations are the culmination of extensive consultation processes between national, provincial and local government.
By setting out three-year allocations for the equitable shares and conditional grants for provinces and local government, the Division of Revenue Bill entrenches the transparency and accountability of our intergovernmental fiscal system. It allows all spheres of government to plan ahead and to get down to the business of delivering services to our people.
The Division of Revenue Bill tabled in this House by the Minister of Finance on Budget Day was, for the first time, processed in terms of the Money Bills Amendment Procedure and Related Matters Act. A report was tabled with the budget explaining how the Division of Revenue and national budget give effect to the recommendations contained in the Committee reports on the 2009 Medium Term Budget Policy Statement, or the reasons for not taking these into account. The recommendations by the Committees on Appropriations were taken into account when the 2010 Division of Revenue Bill was drafted.
The 2010 Division of Revenue Bill contains details on each grant: its purpose, criteria for allocating the grant and an account of the performance of each grant. Such information Mister Speaker, should contribute towards deepening Parliamentary oversight over the Executive.
This Bill gives effect to the priorities articulated by President Zuma in his State of the Nation Address on the 11 February 2010. These priorities are: improving the quality of education; upgrading health care; promoting public safety; supporting rural development; creating decent jobs; building sustainable human settlements; encouraging efficient local government and combating corruption. As government is shifting to target based outcomes to increase efficiency and improve performance in support of inclusive development, these priorities are unpacked into 12 measurable outcomes.
Due to savings of R25.6 billion identified through shifting towards priorities, the budget framework allows us to provide an R112.2 billion in additional spending over the next three years, compared to our spending plans from a year earlier. Of the additional resources, national departments will receive R56.2 billion (50.1 per cent) of the additional resources, provinces R45.6 billion (40.6 per cent), and municipalities R10.5 billion (9.3 per cent). The largest growth in allocations is to local government, where the share of the total available resource envelope increases from 7.3 per cent in 2009/10 to 8.8 per cent in 2012/13.
Mister Speaker, Schedule 1 of the Bill provides a summary of the funds allocated to the three spheres of government. National department functions amount to R527 billion. This includes debt service cost amounting R71.4 billion and a contingency reserve of R6 billion. Provinces receive R261 billion, and R30.2 billion is allocated to local government.
Schedule 2 presents provincial equitable shares. Schedule 3 allocates equitable shares to municipalities. Schedules 4 through 6 allocate conditional and other grants to provinces and local government. Schedule 7 allocates in-kind transfers to municipalities. Schedule 8 allocates incentives for provinces and municipalities to meet targets with regards to priority government programmes.
Mister Speaker, the Division of Revenue Bill provides for a substantial share of nationally collected revenue to go to provinces, to strengthen social services programmes that have a high impact on human development, the quality of life and social transformation. The increase over baseline for the next three years amounts to R45.6 billion. This is to sustain the social progress made in recent years, to meet government's broader developmental objectives and mitigate the effect of the current economic downturn on the poor. Including these revisions, allocations to provinces will amount to R322.9 billion in 2010/11.
Members of this house need to be alerted to the pressure that wage agreements in 2009 have placed on provincial spending over the MTEF. Of the R33.9 billion added to the Provincial Equitable Share, R30.9 billion is to cover the cost of general wage agreements and occupation specific dispensation (OSD) agreements in health and education. While these additions should attract and retain experience and skill in the public sector, it is a substantial sum of money that does not necessarily translate into additional service delivery outputs. We cannot afford to continue expanding personnel expenditure, especially if we do not see substantially improved quality of services from the public sector.
The President stressed in his State of the Nation address that government will place education and skills development at the centre of its policies. A general adjustment of R3 billion over the MTEF is made to the provincial equitable share to cover health and education priorities. As in previous years, further investments are made to education to ensure that access and quality are improved.
Last year we announced that R500 million was added to the Infrastructure Grant for Provinces to ensure that classroom space is available for Grade R learners entering the system and that R1 billion is made available for schools to upgrade infrastructure, to improve security, install libraries and laboratories.
These improvements will become visible during this and next year. The technical secondary schools recapilitisation grant, amounting to R280 million, comes into effect from the beginning of the 2010/11 financial year and will be used to provide equipment and facilities at these schools.
R9 billion was added to the Provincial Equitable share to cover the cost of OSD agreements for educators, and a further R1.2 billion was added to the FET colleges grant for OSD for lecturers. The future of this country depends on these additions being converted into improved teaching and learning at our schools. Collectively we have a responsibility to ensure this happens.
R3.9 billion is added to the provincial equitable share to cover the OSD agreements for doctors and health therapists. Over the MTEF, the HIV and Aids programme receives an additional R8.7 billion to ensure sufficient resources are available for government to deliver on the commitments announced on World Aids Day. These additions are a demonstration of government's commitment to step up its effort to deal with HIV and Aids decisively, and will mean pregnant women and HIV positive TB sufferers are put on treatment earlier, and children born with HIV are given triple treatment. These changes should save over 10 000 lives.
The 2010 budget introduces the Expanded Public Works Programme for the social sector. In 2010 this grant will perform as a basic wage subsidy for non-profit organisations working in home community based care, allowing them to pay salaries to volunteers. This year an incentive model will be developed for implementation in 2011/12 and should create incentives for provinces to create labour intensive employment that provides much needed relief and support for the needy and vulnerable.
The housing programme has once again been stepped up. R1 billion is added to the programme in the outer year of the MTEF to ensure the accelerated role out of housing delivery. Large cities have the capacity to play a greater role in providing sustainable human settlements.
Let me now turn to local government allocations. Over the next three years, municipalities will receive R210.4 billion (including in-kind-allocations and the sharing of the general fuel levy with metros), or an additional R12.2 billion. The local government equitable share receives a further R6.7 billion to protect the poor from increased electricity prices and secure the delivery of free basic services to all poor households.
Municipal infrastructure-related spending is allocated an additional R2.5 billion over the next three years. This results in total infrastructure transfers to municipalities of just under R65.9 billion over the next three years. If the infrastructure transfers that are allocated to national and public institutions (such as Eskom and water boards) and are spent on behalf of municipalities, are also taken into account, this amount increases to R77.5 billion.
It is critical that intergovernmental grants are designed in such a manner that it supports optimal outcomes. It has become evident that there is a need to reform the Municipal Infrastructure Grant to appropriately respond to the different demographic, economic, infrastructural and institutional challenges faced by the 283 municipalities in the country.
In the 2009 Budget, the Municipal Infrastructure Grant for Cities was introduced to enable the cities to more effectively manage, support and account for built environment outcomes, by focusing on their entire infrastructure programme performance rather than solely on project outputs. Consistent with section 156(4) of the Constitution, a process is underway to accredit large municipalities to administer national housing programmes. This policy shift should improve coordination and alignment of interventions in the built environment. Starting with the Municipal Infrastructure Grant for Cities, government is exploring ways to rationalise infrastructure grants at municipal level into a broader human settlements grant for cities.
Reforms are also underway to introduce programmes targeted at rural areas. The 2010 budget sees the introduction of the Rural Households Infrastructure Grant, amounting to R1.2 billion over the MTEF. The Regional Bulk Infrastructure Grant also receives an additional R500 million over the MTEF. The Expanded Public Works Incentive Grant is also extended to rural municipalities, where eligibility to participate in this incentive is relaxed for these municipalities by setting a zero threshold limit for them. These adjustments are intended to enhance access to water, sanitation, electricity and roads and extend regional bulk infrastructure to support such services to the poor. It is also geared towards promoting municipal initiatives that will support more efficient use of energy and the roll out of on-site water and sanitation services to very poor households where conventional connector sites are not viable or appropriate.
Mister Speaker, allocations for capacity-building totalling R1.8 billion over the 2010 MTEF continues to be complemented by the Siyenza Manje programme (via the DBSA) to develop skills in engineering, planning and financial management in municipalities. The Department of Cooperative Governance and Traditional Affairs announced the Local Government Turnaround Strategy in 2009. Government works in a coordinated manner to ensure that capacity building initiatives are implemented coherently and also to create a supporting environment for municipalities.
Mister Speaker, I would like to thank the Honourable Sogoni for his leadership and the Members of the Standing Committee on Appropriations for their hard work in the process of this Division of Revenue Bill.
Mister Speaker and Honourable Members, it is clear that the allocations contained in this year's Division of Revenue Bill should put government in a better position to accelerate delivery and improve the efficacy of public services.
<fn>GOV-ZA.2010030502En.2012-02-10.en.txt</fn>
It is indeed a fulfilling and very rewarding moment for me to see the democratisation of our budget process that has evolved over the past decade. I wish to thank all those who have made it possible for us to be at this phase of our constitutional democratic order. Many Members of Parliament have played a role in seeing this legislation reach the stage we are at now. In keeping with the provisions and tenets of this legislation, it is also encouraging to note that Parliament has risen to the occasion to give full meaning to its oversight role.
As Minister Gordhan indicated, the budget we tabled on the 17th of February was a collective statement of government. I want to assure you that he did not 'run away' from the DA's Shadow Minister of Finance. Since the Minister is abroad with the President on a state visit, Minister Pandor is representing the Finance delegated here by the capable Minister Gordhan.
Speakers have come to the podium and spoken about the fiscal framework, and it is very encouraging to see how many spoke in support of the framework in general. I would not want to bore this House by going through each of the speakers' comments and trying to respond, as most members have spoken in support. I do, however, want to focus on four general issues in regard to points that have been raised by some members.
If some of us believe that revenue needs to be higher than what we have estimated, it needs to be a result of three potential factors: firstly, higher economic growth; secondly, faster recovery in corporate income tax; and thirdly, higher tax rates. Dr George, the Treasury's economic focus is based on the latest economic data, mainly the SA Reserve Bank's December quarterly bulletin. This has been interrogated, discussed and ultimately approved by the Minister's committee on the budget and has also been presented to Cabinet for adoption.
The focus is in line with consensus expectations and most commentators have noted that it effectively takes account of the fragile nature of global recovery and associated risks. Corporate income tax information is based firstly on the corporate income tax data until January 2010; and secondly, on our experience of the lags in corporate income tax over the past 15 years and the analysis of the expected recovery in corporate profitability.
The corporate income tax data suggests a deeper decline in the tax than we originally estimated in the Medium Term Budget Policy Statement (MTBPS). While corporate profitability will recover somewhat, the pace of recovery is expected to remain muted as economic activity continues to remain subdued over the next two to three years. Even where the corporate sector successfully returns to profitable positions, losses built up during the economic slump will mean that it may still be a few years until we start seeing income tax revenue from many corporates.
These factors are considered by the Revenue Analysis Working Committee, comprised of SARS, SARB and the National Treasury, and the revenue focus is debated and approved by the Minister's committee on the budget. The October MTBPS estimated a much more aggressive increase in tax revenue as a percentage of Gross Domestic Product (GDP), and this was partly based on the likelihood of a tax rate increase or introduction of new tax instruments to raise revenue and close the gap between expenditure and revenue.
Since October, higher nominal GDP has allowed us to close the financing gap at a similar rate to what was proposed in the MTBPS, but without as an aggressive increase in tax revenue. This is an extremely positive development and should be welcomed, as it allows the fiscus to continue to operate in a strongly countercyclical fashion, supporting development and contributing to demand in the economy while not compromising long-term sustainability. Higher tax rates too soon would have the likelihood of threatening the sustainability of the economic recovery and, by implication, would strongly undermine the long-term sustainability of the fiscus.
The next point is on the fiscal sustainability pact that members and the committee have raised as a recommendation. We welcome the idea of a fiscal sustainability pact and look forward to engaging with Parliament on the likely purpose and form of such a pact. Any fiscal rule or pact must be counter-cyclical in nature. This is notoriously difficult to achieve as illustrated by some of the bigger economies like the UK who, despite a cyclically adjusted sustainability higher tax interest costs, lower expenditure and higher taxes in the future.
The Chilean experience also, however, points to what can be achieved if a fiscal policy is disciplined and counter-cyclical. Successful fiscal management has enabled Chile to respond to the economic crisis with higher expenditure, placing them on an excellent path to economic recovery and playing an important role in limiting volatility in the Chilean currency.
The third point is on the impact of the Eskom tariff increase as some have even referred to it as double taxation. Let me say that in the 2010 Budget our economic outlook assumed a 35% increase in the electricity price. The impact of the awarded increase being closer to 25% is that real GDP growth would be marginally higher and inflation will be lower in the next three years. As a result, the impact of higher GDP growth would be offset by the lower inflation, and nominal GDP is not expected to change very much as a result of the decision of the regulator. Therefore, the impact on tax revenue and the budget framework is expected to be broadly neutral.
The last point I want to refer to is the issue of how the fiscus will respond if growth remains low and the deficit high, as some of the members had raised this as a possible risk. The 2010 Budget clearly and boldly states that the objective of a sustainable fiscal framework remains the primary goal of fiscal planning. This is to be achieved through stabilising growth in expenditure combined with rising budget revenue, returning the fiscus to primary surplus that allows us to sustainably finance expenditure in the long-run.
The committee report correctly identifies the economic risks to this recovery. Should the economy fail to grow at the rates expected, it is likely that the fiscal position and the trajectories of revenue and expenditure will have to be reevaluated. In this scenario, we will be able to choose from a combination of three options: firstly, we can further reduce spending; secondly, we can meet our revenue targets through additional taxation; and thirdly, we will be able to consider borrowing additional resources.
While all three of these options entail both current and future costs, our first instinct would be to extract further savings and efficiency gains to government spending, as most members have alluded, while attempting to continue to support the economy through continued borrowing. We would also seek to defer tax increases until the economy recovers, but we will obviously have to balance this against the rising interest burden on the fiscus on future generations.
The level and extent to which we wish to provide this support will be a result of the outlook for the economy and the extent to which we expect the economy to recover. Clearly, the longer we continue to borrow, the greater the interest burden. With interest already the fastest growing expenditure item on the budget, any decision to continue borrowing would not be taken lightly. It must also be recognised that while the economic outlook poses a risk in the fiscal trajectory, any additional expenditure requirements on the fiscus would also serve to undermine the sustainability and raise debt costs.
For anyone interested in how we are dealing with the debt sustainability and economic scenarios, let me refer you to the box on page 63 of our Budget Review, which shows the results of Treasury's modelling of various economic and fiscal paths over five years.
With these remarks, I would like to take this opportunity to thank the committees for having dealt with the fiscal framework in the manner that they have and for the time that they have put into it, this being the first fiscal framework that we Thank you.
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Thank you for this opportunity - it is my privilege to be in your company and to address you this morning. Meeting here in Soweto in a venue like this is an indication of how much progress has been made in transforming this country.
Last week we were fortunate to be visited by the world-famous growth economist Paul Romer. In his lecture, Professor Romer made two important points: firstly, that even with all the right raw materials, countries with the wrong 'rules of the game' fail to grow and develop. If the economic rules undermine productive, private enterprise, and if the political culture rewards connections over competence, an economy with high growth potential can fail. Secondly, he made the critical point that the political culture and economic rules that dominate are not immutable laws. Through strong leadership, governments can choose to fix the way they do business, and to promote more inclusive development.
Ladies and gentleman, the new South African budget - the first budget of the new administration - is about changing the rules of the game, about setting a new development path, and about giving concrete meaning to the President's Year of Action. At the core of this new development path is a commitment to keeping the rules that work and changing the rules that don't. It is about maintaining macroeconomic stability, introducing interventions to promote employment, and applying new tools for making government more efficient and accountable.
We have been living in an era of unprecedented general prosperity and global integration. Over the past 5 years South Africa has benefited hugely from this integration with high growth and healthy public finances.
But, as the financial crisis has shown, the hard-won gains of the past 16 years can easily be reversed. Over 900 000 people in South Africa have lost their jobs since 2008. Public finances have also been hard hit with the main budget swinging from a surplus in 2007 to an expected deficit of 7.3 per cent of GDP this year. After successfully reducing debt over the past 13 years, the debt level is expected to approach its 1996 peak in just 5 short years.
The global economic crisis has demonstrated that the old patterns of growth, income distribution, regulation and governance do not meet the needs of the world economy. The growing weight of China and India in international trade signals a change in the global economic balance. South Africa must compete on the global platform, where progress is registered through hard work, effective organisation and clear leadership.
Let me start by discussing the rules that have worked and will continue to be implemented. The South African government has a solid record of macroeconomic management, with successive layers of reforms since 1994 contributing to significant redistribution of income, expansion of social infrastructure and the broadening of opportunities for the population.
signalled by the low level of public debt - enable South Africa to support demand in the economy by sustaining public spending and growing infrastructure investment despite a significant fall in tax revenue. Without these measures, the social cost of the recession would have been far higher. We also recognise that, over the medium term, a recovery in consumer demand and private investment, job creation, and careful management of debt and inflation pressures are needed to place South Africa on a new growth path.
South Africa's national net loan debt is expected to rise from 22.7 per cent of GDP in 2008/09 to about 44 per cent by 2015/16 before stabilising. As the economy recovers, so too will revenues, but with a lag. Recent research has shown that countries with high levels of debt tend to grow more slowly. The large budget deficit therefore has to be reduced gradually, lest we become caught in a situation of rising interest payments, higher interest rates, higher taxes and slower growth. Ensuring an orderly decline in the budget deficit will require a more moderate growth in public spending.
Part of South Africa's success over the last decade can be attributed to the stabilising influence of the Reserve Bank's inflation targeting policy. This policy will remain in place, although we will establish and maintain an open dialogue on this policy stance with our social partners. Part of this dialogue will no doubt require the Reserve Bank to demonstrate that inflation targeting necessarily takes into account a broad set of factors such as growth, employment and exchange rates. Price stability is important to people who have an income that cannot be augmented by other means when things go bad. Keeping inflation low is also an important part of ensuring a competitive real effective exchange rate, but this alone cannot raise our productivity. Competitiveness is driven over time by improving skills, reducing the costs of doing business, more efficient logistics systems and higher investment, which I will discuss shortly.
There are also considerable challenges in respect of financial markets. For many economies, including here in South Africa, financial market activity has grown enormously. And while this brings a range of important benefits, the recent collapse of asset prices has caused social and economic destruction. The crisis has exposed inherent problems in the models and regulation of the global financial system.
South Africa's banking system was relatively sparred the impact of the financial crisis. This was partly due to relatively robust financial regulations that discouraged investment in risky sub-prime assets. We will continue to ensure that the financial rules within which our banks operate allow us to integrate with the global financial system without unreasonably risking people's hard-earned savings.
As South Africa emerges from recession, the policy focus is shifting from stabilising the economy to longer-term considerations.
Creating more jobs remains South Africa's most critical challenge. There are far too many South Africans that do not work, with the bulk of the gains in national income inevitably going to those who are employed. Without higher growth and growth that is more inclusive, South Africa is not likely to address the high levels of poverty and inequality which persist 16 years into democracy. Over time, South Africa's firms and factories, corporates and service providers, must absorb more labour, and include more people in economic activity.
The most significant rule of the game is that South Africa needs a more labour-absorbing growth path.
Equally important is ensuring that the workplace reflects the demographics of our society and that opportunities are afforded to black South Africans to have access to capital. Government needs to ensure that initiatives aimed at empowering black entrepreneurs are not abused and that these initiatives are readily accessible. It is my contention that black entrepreneurs have an important role to play in working with Government in creating a more inclusive society where people will no longer feel that they are at the periphery of economic landscape, but that they are part of the mainstream of economic activity. We have to ensure that broad-based black economic empowerment creates more opportunities for our people, that sourcing goods and services gives priority to small businesses in South Africa. We are also relooking at our tender processes such that value for money is derived, there is improved service delivery and leakages in the system are plugged.
I am sure we all here this morning agree that as a nation we face a serious structural unemployment challenge, particularly acute for youth, and without much greater efforts to help young people into employment, millions of South Africans will not be able to play a productive role in society. Youth employment has fallen, with 48.3 per cent of the youth in South Africa being out of work. Research shows that firms are reluctant to hire inexperienced school leavers primarily because they lack basic skills and so their relative productivity is lower than the wage at which they start in employment.
A targeted wage subsidy will seek to provide the youth with the opportunity to build the required skills and experience. We will be engaging our social partners on this important matter and a discussion paper will also be released by the end of the month in this regard. Initiatives are also being put in place to improve information services to help the youth access jobs and training opportunities. The second phase of the expanded public works programme aims to create 4.5 million short term jobs lasting for an average duration of 100 days.
Making the economy more labour-absorptive will require raising productivity, boosting exports and promoting greater levels of savings and investment. India, China, Vietnam and Brazil, for example, are taking active steps to improve their competitiveness. South Africa too has to take steps to become more competitive. We cannot be left behind.
In developing a new growth path, progress also needs to be made in developing sectoral plans to raise employment and output. For example, South Africa needs a strategy to raise agricultural output, which will have positive benefits for rural employment. Similarly, a plan that removes obstacles to mining investment and exports could boost output and support job creation. These initiatives which are to set out new rules of the game are led by the economic sector and employment cluster of ministers, in consultation with industry stakeholders. Ultimately, poverty reduction is about developing people's capabilities and providing a growing economy in which they can work to improve their living conditions.
The budget tabled supports labour-intensive industries through industrial policy interventions, skills development, infrastructure investment, public employment programmes such as the Expanded Public Works Programme and a rural development strategy. Although some of these initiatives are not new, new rules pertaining to their implementation are to ensure greater impact and efficiency.
Additional funding is allocated to the Department of Trade and Industry for industrial policy interventions consistent with government's new Industrial Policy Action Plan. In particular, funds go to support investment and production in the automotive components and clothing and textile industries. The economic sector and employment cluster will focus on innovation and enterprise development which will contribute to increasing output, employment, productivity and exports in the long run. The Budget also provides funding for development of SMMEs, support for the tourism sector, and for investments in clean energy research and development.
Continuing public sector investment in economic infrastructure provides crucial support to the recovery and is essential to reduce bottlenecks and draw in private sector investment. Government and the state-owned enterprises continue to make large investments in electricity, road, rail and public transport infrastructure, increasing the long-term growth potential of the country and providing better services to all South Africans.
The 2010 Budget reflects significant reprioritisation between spending areas and also within departments to fund new priorities and achieve targets. The priorities of government, guided by the medium-term strategic framework, are education, health, rural development, fighting crime and creating jobs. Given their importance, human settlements and associated infrastructure, and local government, have been identified as additional priorities.
South Africa's social security system has proven resilient during the turbulent economic conditions of the past year. Broad social security reform is proceeding along several tracks. The social assistance and social security agencies are examining ways to streamline administration, align systems and improve access to services. A nofault insurance arrangement covering road accidents is being designed. Government is also working to design a universal savings arrangement, and to prepare the ground for national health insurance. New rules of the game are intended to ensure more inclusive development.
Almost 14 million South Africans are now receiving social grants, and this number is set to increase in the coming years as a result of the extension of the child support grant to the recipients' 18th birthday. These grants provide an immediate and effective source of income support for poor households. The extension of child support will be phased in over the next three years, with additional allocations of R1.3 billion, R3.1 billion and R5 billion in 2010/11, 2011/12 and 2012/13 respectively. The number of children receiving the grant is expected to increase from 9.
11.5 million in March 2013.
One of the social security funds, the Unemployment Insurance Fund provides conditional income support or compensation to workers who are out of work. This fund has been able to cope with the increase in unemployment and the resultant increase in claims.
Government is also examining ways to improve access to health care and ease the burden on the public health system. Under consideration is a system of national health insurance that will build on existing resources in both the public and private sectors. Our public health sector has to begin functioning in a manner that improves the lives of our people and benefits those that need it most.
South Africa's economic objectives, alongside social policy goals such as improved education, training and health outcomes, will contribute to a more effective redistribution of resources and capabilities. South Africa's numeracy and literacy level attainment for school children is unacceptably low by any standard, despite a high level of spending on education. Existing skills training programmes are often inadequate to support the needs of individuals and the economy.
Over the next three years, the new rules of the game involve reprioritising funding to address these challenges. Government aims to improve literacy and numeracy by providing workbooks in all 11 official languages for learners in grades R to 9. To improve the quality of teaching and to attract new talent to the profession, government has refined the occupation-specific dispensation for educators that was introduced in 2008.
Additional funding is being provided to the further education and training colleges. Government will promote higher training standards to meet the requirements of a changing economy, address the lack of training in certain skills areas, and systematically increase institutions' capacity to train larger numbers of people. Allocations to higher education institutions have grown from R7.1 billion in 2001/02 to R15.3 billion in 2009/10.
Ladies and gentlemen, all the transformative steps that I've mentioned can only become reality if government becomes more accountable and effective.
In 2008 and 2009, public-sector salaries grew more quickly than anticipated. Part of this growth was necessary to adjust salaries for key categories of professionals. It is expected that there will be a commensurate improvement in the service delivery and performance of those public servants whose salaries were adjusted. In addition, public employment increased rapidly, especially in health, policing and education. Now that these adjustments have occurred, salary increases over the next three years will have to be more moderate to be able to sustain positive growth in employment and infrastructure spending.
The 2010 Budget process focused not only on where government could add more money, but also where savings could be made and spending reduced by postponing, cancelling or winding down lowpriority and ineffectual programmes. Efficiency savings were identified in all departments, with spending on goods and services, travel, accommodation, conferences and catering strictly curtailed. The second phase of the savings exercise has begun, with departments assessing the role, purpose and effectiveness of their programmes and public entities, and whether those functions can be performed at a lower cost. The third phase, a comprehensive expenditure review, will be conducted jointly by the National Treasury and the Presidency, overseen by the Ministers' Committee on the Budget. To reduce corruption and to lower the costs of procuring goods and services, government intends to reform the procurement system.
A performance culture where people are held accountable for their actions, accompanied by clear, measurable outcomes related to key development priorities is fundamentally important. A new framework for accountability has been tabled by the President as part of the new developmental plan for South Africa. It sets out 12 clear measurable outcomes. This new approach, together with enhanced planning, monitoring and evaluation capacity, aims to give greater impetus to development and service delivery improvements, and to make a meaningful impact on the lives of South Africans.
In conclusion, the Minister of Finance has tabled a budget that addresses our most pressing challenges. It is key that government departments now utilise the funding provided to effectively implement and execute their respective contributions to the new growth trajectory.
The budget has generally been well received. Most analysts and commentators have recognised that the budget treads a fine line in a myriad of social, economic and political challenges. Other commentators have criticised the lack of perceived movement on inflation targeting, the threat of higher taxes in future and the sharp growth in national debt - concerns which I believe have been adequately addressed in the budget documentation.
The 2010 Budget clearly outlines the new rules required to make South Africa competitive in a fast-changing world. It proposes sensible and evidence-based solutions to our biggest challenges, and opens the door to dialogue and discussion about the type of economy and country we seek to have.
<fn>GOV-ZA.20100305Gg32982Noticer153CommsoathsEn.2012-02-10.en.txt</fn>
I, Jeffrey Thamsanqa Radebe, Minister of Justice and Constitutional Development, acting under section 6 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963), hereby amend Government Notice No. R. 903 of 10 July 1998, as set out in the Schedule.
In this Government Notice, "the Notice" means Government Notice No. R. 903 of 10 July 1998, as amended by Government Notice Nos. R. 1687 of 24 December 1998, R. 950 of 6 August 1999, R. 1317 of 12 November 1999, R. 1510 of 24 December 1999, R. 1511 of 24 December 1999, R. 1180 of 17 November 2000, R. 301 of 6 April 2001, R. 847 of 14 September 2001, R. 1365 of 21 December 2001, R. 1366 of 21 December 2001, R. 515 of 22 April 2002, R. 211 of 14 February 2003, R. 401 of 28 March 2003, R. 402 of 28 March 2003, R. 942 of 4 July 2003 R. 943 of 4 July 2003, R. 947 of 4 July 2003, R. 1233 of 5 September 2003, R. 411 of 2 April 2004, R. 645 of 28 May 2004, R.
R. 1003 of 26 October 2007, R. 112 of 8 February 2008, R. 1017 of 26 September 2008, R. 1321 of 12 December 2008 and R. 1149 of 11 December 2009.
66A. South African Social Security Agency, established in terms of section 2 of the South African Social Security Agency Act, 2004 (Act No.
Executive Managers, Regional Managers, General Managers, Senior Managers and Managers.
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It is a great privilege for me to welcome the International Actuarial Association to South Africa for this conference. We are delighted that you have chosen to visit our beautiful city of Cape Town - this is best time of year to be here.
Your conference program is indeed focused on a number of interesting topics and challenges. Let me begin by congratulating you therefore, not just on the choice of an excellent venue, and for correctly reading the relevant statistical data on the appropriate time of year, both weather and trade related! Let me also congratulate you, Mr Smith, and your conference organising committee, on a well-balanced portfolio of papers - some conventional topics, others more risky, some promising high returns, others bordering on the esoteric. That is as it should be. This is an opportunity to reflect not just on progress in the depth and analytical rigour of traditional actuarial disciplines, but also to explore some of the frontiers that overlap with other fields - finance, health sciences, governance and accountability, social protection, enterprise risk management, risk management for the poor, microinsurance, and household welfare. Your program has opportunities for engagement with all of these areas, and more.
In South Africa, we have a number of vital national objectives which require the support, goodwill and active involvement of the actuarial profession. Retirement financing, health insurance, social security reform, appropriate tax regimes, are some of the challenges that SA is dealing with. The successful development of appropriate policies and programs must help to create a developmental state and a caring society.
Many of you will know that I have been in this job for just ten months or so, and it has been a rather bumpy learning process. There isn't a professional diploma for finance ministers, and in truth I still haven't found anyone in the office who knows where the tool-kit is kept. Is this about economics or politics, doing the accounts or doing the system engineering How come the economic advisors keep changing their minds Why can't they talk English instead of algebra?
The financial crisis and the consequent economic crisis that has swept the globe, has had many negative results. Millions are out of jobs, the poor are suffering more, the achievement of the MDGs is placed in doubt and recent economics gains have been lost. Economic models have been fundamentally destabilised, risk models and risk management are in crisis, and the world is searching for new frameworks and conceptual models for a more equitable and sustainable economic model.
I used to be a tax-collector. That was a lot more fun - there was a regular army of lawyers and accountants to make sure the law means what we want it to mean, and when I paid courtesy visits to business they knew exactly what was under discussion. At the end of the year we did a reckoning, and there was really just one number at the bottom of the page that really counted.
But this crisis has rendered economic development and the wider public finances a whole lot more complicated. It's not just that countries are at different stages of development, and have to make difficult choices about their growth paths; it's not just that there are many public spending priorities and limited resources to be allocated. It's not just there is risk and uncertainty in every investment choice and in every economic projection or fiscal aggregate that forms part of the framework of numbers through which the public finances are disciplined over time. There is also complexity in the institutional, normative side of public finance management, the construction of social capital on which durable economic and fiscal progress must be built. And there are very real trade-offs between what we can achieve today, and what we build for our children and our children's children. What we build in the realm of institutions, or rules and regulations, and of values and norms of behaviour, may well count for far more than what we construct on the physical landscape or measure in our trade and finance statistics.
That institutions are important is not a new insight, and of course it is true of the tax system, government service delivery, how businesses work and how civil society organisations interact. But what is new is that we have infinitely more data and data processing capacity at our disposal, and statistical analysis can increasingly be extended into territory that used to be regarded as non-financial, unquantifiable, social or philosophical.
It is not that we no longer need political philosophy or anthropology or the arts. More than ever, we need to re-assert that to be human is to share humanity with others; that money-related measures are just one amongst many categories of value.
Yet there are statistical applications and computing power at our disposal now, that can in very practical ways be brought to bear on so many aspects of life and service delivery that we used to think of as formal or institutional.
Modern supply chain management and procurement systems can use computer applications to improve integrity, transparency and competitiveness.
Audit and fraud prevention programmes can use up-to-date information, crosschecked across a variety of administrative databases, to identify anomalies and trigger investigations long before the conventional audit follow-up procedures would indicate a problem.
Social insurance and risk analysis can make use of much denser, up-to-date data resources to improve targeting, reduce abuses and more rapidly respond to needs.
Financial and economic regulatory agencies have far greater access to data than ever before, and clearly have to find ways of using this information to protect the public better without violating individual privacy or unduly interfering with business competitiveness.
In all four of these areas, we have seen monumentally large failures of responsibility over the past three years: failures to connect and understand information properly, and failures to link accountability and responsibility across interacting categories of decision-makers, advisors and transacting agents.
I think this has implications for what actuaries do, what responsibilities they take on and how - and these issues are reflected in the attention in your programme to governance and ethical challenges.
We have, to put it simply, far more surveillance capability than even before, and far more data-mining and analytical power than was available to our predecessors.
And so the role of the actuary, who is pre-eminently a statistical analyst, has so much more scope than ever before.
1 The Economist, Feb 27-Mar 5 2009; special report on managing information, p 5; a zettabyte is 270 bytes, equivalant to all the digital information currently in existence.
taken a month to do a generation ago. But the intellectual challenge before us is to find new ways of using data and statistical analysis that contribute to addressing not just the economic and financial but also the institutional and social challenges before us.
So I am pleased to see health information analysis on your conference programme - that is surely an area in which we all, developed and developing countries, want to see progress, partly because it is so important to people's wellbeing and partly because the gains from improved cost-efficiency and better allocation of resources are so large.
Your discussion of pension reform and social security options is also of special interest to us in South Africa, as we are ourselves exploring options for better preservation of retirement savings and a standard mandatory social security arrangement. It is reassuring to know that we can explore options against the background of a century of well-documented experience of other countries - but it rather complicates the reform process that there are so many permutations to consider and the advisory chorus is not always entirely harmonious...
ï· Balancing client interest versus public interest - with a greater leaning to the latter; ï· Enhancing both the codes of ethics and management of conflict of interest; ï· Revisiting risk, enhancing ERM, and incorporating the lessons of the recent "black swan" events; ï· Being aware of the dangers of short-termism and the long term implications of daily decisions and advice; ï· Governments have become increasingly the insurers and assurers of last resort - what are the new forms of moral hazard that are emerging ï· Building public trust and confidence and accountability through "deobfuscation" , information accessibility and transparenc?
I trust that these and other challenges and issues of our times will be addressed during your conference. As a profession trained to deal with the future and its likely probabilities, you have both an unenviable task and exciting possibilities to connect the dots and evolve new conceptual frameworks to not only understand the world but change it.
Finally, I want to congratulate my compatriots in the Actuarial Society of South Africa on their successful hosting of this conference on the African continent. We are proud of your achievements and the high quality of your work both in the public and private sector.
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The third quarter year to date provincial budget statement of receipts and payments, published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 29 January 2010, covers spending for the first nine months of the 2009/10 financial year, which ended 31 December 2009. It is available on the treasury website at www.treasury.gov.za.
The information is sourced from the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury by 22 January 2010. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
The budgeted expenditure figures in the third quarter publication take account of revisions effected in the provincial adjustment budgets, which were presented to their provincial legislatures during November 2009. It includes R10.8 billion allocated to provinces (R9 billion to the provincial equitable share and R1.8 billion to conditional grants) through the 2009 Adjusted Estimates of National Expenditure.
The approved additional adjustments to provinces were gazetted on 10 December 2009 and these additional transfers were taken up in the provincial adjusted budgets in terms of Section 31(2) of the PFMA and Section 24(2) of the Division of Revenue Act, 2009.
The wage agreement (Resolution 5 of 2009 of the PSCBC) is 5 per cent higher than what provinces planned for when they tabled their 2009 Budgets. R4.5 billion is approved to cover for this shortfall.
The Occupation Specific Dispensation (OSD) for educators concluded in 2009 (ELRC collective agreement 4 of 2009) is also placing additional funding responsibilities on provinces. R3.8 billion is approved to cover for this shortfall.
The agreement reached in the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) on 7 August 2009 gave effect to the introduction of an OSD for medical doctors, dentists, medical and dental specialists, pharmacists, pharmacy assistants and emergency medical services personnel (paramedics). R646 million is approved to cover for these shortfalls.
An amount of R353.2 million is set aside to cover the shortfall in property rates in selected provinces.
An additional R900 million is approved to scale up both preventative and treatment components on the Comprehensive HIV and Aids programme.
An additional R144 million is approved for the Gautrain Rapid Rail Link conditional grant to protect the real value of spending on this programme.
An additional R213.8 million is approved to fund selected provinces for unforeseeable and unavoidable expenses.
An additional R30 million is approved to fund the final FIFA 2010 World Cup preparation strategies that are to be implemented by the health sector.
R197.6 million of provincial conditional grants not transferred by national departments were approved to be rolled over.
In addition to the national adjustments, provinces increased their main budgets by R3.3 billion. The provincial adjustments consist mainly of unspent conditional grants not surrendered to the National Revenue Fund and other funds surrendered to the respective Provincial Revenue Funds during 2008/09.
In light of the above, in aggregate, provinces increased their main budgets (expenditure side) by R14.1 billion with the bulk to education (R6.5 billion), health (R4.2 billion) and public works, roads and transport (R2.6 billion).
In aggregate, provinces have spent 74.7 per cent or R226.9 billion of their adjusted budgets of R303.8 billion for the period ended 31 December 2009. This represents a spending increase year-on-year of 13.8 per cent or R27.6 billion higher than for the same period last year when provinces had spent R199.3 billion.
Education expenditure totalled R94.7 billion or 75.9 per cent of the R124.8 billion combined education adjusted budgets and remains the largest item on provincial budgets (41.1 per cent). The spending pattern reflects a 15.9 per cent or R13 billion increase over the same period last year.
Health expenditure totalled R65.5 billion or 76 per cent of the R86.2 billion combined health adjusted budgets and is the second largest item (after education) on provincial budgets (28.4 per cent). The spending pattern reflects a 14.7 per cent or R8.4 billion increase compared with the same period in 2008/09.
Social development spending for the first nine months of the 2009/10 financial year is recorded at 70.5 per cent or R6.5 billion of the R9.3 billion social development adjusted budgets.
Personnel expenditure, in aggregate, is at 74.9 per cent or R125.9 billion of the R168 billion personnel adjusted budgets.
In aggregate, provinces spent 67.4 per cent or R16.2 billion of their R24 billion combined capital adjusted budgets. This is 2.8 per cent higher when compared to the same period in 2008/09.
Provincial education departments spent 84 per cent or R4.5 billion of their R5.4 billion education capital adjusted budgets. This is significantly higher by 36.4 per cent or R1.2 billion more than spending over the same period of the previous financial year.
59.7 per cent or R5.2 billion against their R8.6 billion health capital adjusted budgets, which is 7.9 per cent or R379 million more than the same period for 2008/09.
The second highest share of provincial capital adjusted budgets, after health, is for public works, roads and transport departments at 32.2 per cent. The sector spent 68.2 per cent or R5.3 billion against its combined capital adjusted budgets of R7.7 billion.
Provincial own revenue collected thus far is at 74.8 per cent or R7 billion of the total own revenue adjusted budget of R9.3 billion. National government has transferred R179.1 billion of the equitable share and R40.2 billion in conditional grants to provinces, during the first nine months of the 2009/10 financial year.
A more detail analysis of the expenditure outcome as at 31 December 2009 is set out in Annexure A, which also includes a comparative spending analysis for the same period over the 2008/09 financial year.
The budgeted figures for provinces are based on the 2009/10 adjusted estimates of provincial expenditure tabled in the various provincial legislatures during November 2009.
The analysis is based on the statement of receipts and payments, which covers spending for the first nine months of the 2009/10 financial year, as at 31 December 2009.
The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury by 15 January 2010, and submitted to the National Treasury by 22 January 2010.
Table 1 indicates that provinces have spent 74.7 per cent or R226.9 billion of adjusted budgeted expenditure of R303.8 billion for the first nine months into the current financial year. Spending to date is at a lower level in percentage terms compared to spending against adjusted budgets over the same period in the 2008/09 financial year (76.8 per cent).
However, in nominal terms, spending is 13.8 per cent or R27.6 billion more than for the same period last year when provinces had spent R199.3 billion. Between provinces, spending ranges from the lowest share of 69.9 per cent in Free State and 71.2 per cent in Western Cape, to the highest at 79.4 per cent in Eastern Cape and 76 per cent in KwaZulu-Natal.
Eastern Cape 35 129 367 5 824 515 3 611 552 44 565 434 27 978 839 4 794 047 2 610 100 35 382 986 79.4% 29 522 918 19.
Free State 14 698 595 2 756 186 1 896 273 19 351 054 10 201 941 2 196 561 1 119 937 13 518 439 69.9% 12 597 199 7.
Northern Cape 6 276 702 1 028 838 1 085 167 8 390 707 4 784 538 805 700 496 251 6 086 489 72.5% 5 382 712 13.
North West 15 680 028 3 268 573 1 662 178 20 610 779 11 349 537 2 502 124 1 407 373 15 259 034 74.0% 13 176 714 15.
Western Cape 22 237 774 5 571 722 2 862 608 30 672 104 16 138 396 3 899 251 1 794 242 21 831 889 71.2% 18 926 785 15.
Total 230 778 573 49 096 129 23 973 132 303 847 834 172 847 284 37 844 603 16 158 435 226 850 323 74.7% 199 299 733 13.
Provinces have budgeted R220.3 billion for social services, which includes spending on education, health and social development. Spending on social services is recorded at R166.7 billion or 75.7 per cent of the total provincial social services adjusted budgets for the first nine months of 2009/10.
Education 124 825 143 94 740 770 75.9% 41.8% 56.8% 81 710 941 15.
Health 86 163 696 65 474 617 76.0% 28.9% 39.3% 57 083 023 14.
Social Development 9 261 432 6 528 773 70.5% 2.9% 3.9% 6 116 921 6.
Total 220 250 271 166 744 160 75.7% 73.5% 100.0% 144 910 885 15.
Education adjusted budgets of R124.8 billion comprise 41.1 per cent of total provincial adjusted budgets. Table 3 indicates that education expenditure is at 75.9 per cent or R94.7 billion of the total education budget, an increase of 15.9 per cent or R13 billion compared to the R81.7 billion spent over the same period in 2008/09.
Spending by provinces on education ranges from the lowest rate in Free State at 73 per cent and Western Cape at 74.
80.5 per cent and Northern Cape at 77 per cent.
Eastern Cape 20 529 488 16 533 975 80.5% 46.7% 60.6% 13 494 247 22.
Free State 7 921 932 5 785 315 73.0% 42.8% 58.1% 5 221 107 10.
Northern Cape 3 169 930 2 440 820 77.0% 40.1% 54.8% 2 176 543 12.
North West 8 493 135 6 346 855 74.7% 41.6% 59.8% 5 319 608 19.
Western Cape 10 663 812 7 953 561 74.6% 36.4% 48.6% 6 919 009 15.
Total 124 825 143 94 740 770 75.9% 41.8% 56.8% 81 710 941 15.
Spending on goods and services (which includes learner and teacher support material) in education is recorded at 73.5 per cent or R9.4 billion of its R12.8 billion adjusted budget. It comprises approximately 10.3 per cent of total provincial education adjusted budgets.
The bulk of education expenditure is on personnel (76.7 per cent). Current spending on education personnel amounts to 74.5 per cent or R72.7 billion of the education personnel adjusted budgets of R97.6 billion.
Spending by provinces ranges from the lowest in Free State at 72.3 per cent and North West at 72.4 per cent, to the highest in Eastern Cape and Gauteng at 77.6 per cent and 74.9 per cent respectively.
Eastern Cape 16 258 191 12 618 481 77.6% 59.9% 76.3% 10 201 932 23.
Free State 6 209 003 4 486 882 72.3% 56.0% 77.6% 4 000 125 12.
Northern Cape 2 483 370 1 857 897 74.8% 56.3% 76.1% 1 689 554 10.
North West 6 623 870 4 796 457 72.4% 57.5% 75.6% 4 220 627 13.
Western Cape 8 200 780 6 022 468 73.4% 52.0% 75.7% 5 292 283 13.
Total 97 561 579 72 688 292 74.5% 57.7% 76.7% 62 740 559 15.
Education capital expenditure is at 84 per cent or R4.5 billion of the R5.4 billion adjusted budget. This is a significant increase of 36.4 per cent or R1.2 billion more than the R3.3 billion spent on capital over the same period last year.
Spending by provinces ranges from the lowest in Mpumalanga at only 63.5 per cent and Western Cape at 69.1 per cent to the highest in Northern Cape at 97.2 per cent and Eastern Cape at 96.7 per cent.
Eastern Cape 867 583 838 580 96.7% 32.1% 5.1% 679 646 23.
Free State 439 603 373 118 84.9% 33.3% 6.4% 291 750 27.
Northern Cape 78 856 76 656 97.2% 15.4% 3.1% 44 726 71.
North West 285 696 251 943 88.2% 17.9% 4.0% 166 577 51.
Western Cape 275 992 190 663 69.1% 10.6% 2.4% 117 824 61.
Total 5 372 704 4 515 085 84.0% 27.9% 4.8% 3 311 104 36.
Health adjusted budgets totalling R86.2 billion comprise 28.4 per cent of total provincial adjusted budgets. Table 6 indicates that health expenditure is at 76 per cent or R65.5 billion of the total health budget, representing an increase of 14.7 per cent or R8.4 billion compared to spending over the same period in 2008/09.
Eastern Cape 11 773 927 9 736 511 82.7% 27.5% 35.7% 8 087 130 20.
Free State 5 512 642 3 709 362 67.3% 27.4% 37.2% 3 498 306 6.
Northern Cape 2 301 429 1 723 290 74.9% 28.3% 38.7% 1 344 139 28.
North West 5 175 391 3 866 872 74.7% 25.3% 36.4% 3 356 104 15.
Western Cape 10 463 716 7 573 678 72.4% 34.7% 46.3% 6 439 341 17.
Total 86 163 696 65 474 617 76.0% 28.9% 39.3% 57 083 023 14.
67.3 per cent and 68.9 per cent respectively. The highest shares are recorded in Eastern Cape at 82.7 per cent and Gauteng at 79.9 per cent.
Table 7 indicates that health personnel expenditure is R36.9 billion or 77 per cent of the health personnel adjusted budget, an increase of R5.1 billion or 15.9 per cent compared to the R31.8 billion spent over the same period in 2008/09.
Eastern Cape 6 267 262 5 608 713 89.5% 26.6% 57.6% 4 556 914 23.
Free State 3 183 257 2 300 875 72.3% 28.7% 62.0% 2 164 361 6.
Northern Cape 1 078 394 757 769 70.3% 23.0% 44.0% 664 320 14.
North West 2 883 728 2 106 055 73.0% 25.2% 54.5% 1 894 753 11.
Western Cape 5 748 979 4 230 861 73.6% 36.5% 55.9% 3 611 610 17.
Total 47 869 507 36 868 392 77.0% 29.3% 56.3% 31 799 760 15.
Spending on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure, is recorded at 79.1 per cent or R23.4 billion of the R29.7 billion adjusted budget. This is an increase of 14.4 per cent or R2.9 billion compared to the R20.5 billion spent over the same period in 2008/09.
Capital expenditure in the health sector is at 59.7 per cent or R5.2 billion. This represents an increase of 7.9 per cent or R379 million more than the R4.8 billion spent over the same period last year.
Eastern Cape 1 286 480 764 598 59.4% 29.3% 7.9% 677 278 12.
Free State 473 349 219 543 46.4% 19.6% 5.9% 287 973 -23.
Northern Cape 472 850 290 086 61.3% 58.5% 16.8% 150 799 92.
North West 508 958 459 363 90.3% 32.6% 11.9% 376 503 22.
Western Cape 841 268 482 682 57.4% 26.9% 6.4% 306 653 57.
Total 8 638 541 5 158 209 59.7% 31.9% 7.9% 4 779 234 7.
Between provinces, with a varying degree of spending, the lowest rate of health capital spending is in Gauteng at 45.6 per cent and Free State at 46.4 per cent with North West and KwaZulu-Natal recording the highest rate of spending at 90.
70.5 per cent respectively.
Social development adjusted budgets of R9.3 billion, comprise 3 per cent of total provincial adjusted budgets.
Provinces registered spending of 70.5 per cent or R6.5 billion of their R9.3 billion adjusted budget. This represents an increase of 6.7 per cent or R411.9 million above the R6.1 billion spent over the same period last year.
Between provinces, there are varying degrees of spending, with the lowest being in North West at only 60.6 per cent and Mpumalanga at 66.1 per cent while the highest are KwaZulu-Natal at 74.6 per cent and Limpopo at 74.5 per cent.
Eastern Cape 1 454 622 1 021 803 70.2% 2.9% 3.7% 982 664 4.
Free State 682 550 469 598 68.8% 3.5% 4.7% 381 468 23.
Northern Cape 428 766 293 312 68.4% 4.8% 6.6% 260 226 12.
North West 658 829 399 561 60.6% 2.6% 3.8% 384 222 4.
Western Cape 1 180 818 838 698 71.0% 3.8% 5.1% 910 206 -7.
Total 9 261 432 6 528 773 70.5% 2.9% 3.9% 6 116 921 6.
Housing and local government adjusted budgets of R18.1 billion comprise 6 per cent of total provincial adjusted budgets.
Housing and local government spending is at the end of the first nine months of the 2009/10 financial year 78.4 per cent or R14.2 billion of the R18.1 billion adjusted budget (table 10). This represents a significant increase of 22.7 per cent or R2.6 billion more than the R11.6 billion spent over the same period last year.
68.5 per cent and Mpumalanga at 71.
87.8 per cent and Limpopo at 84.5 per cent.
Eastern Cape 2 301 987 1 754 455 76.2% 5.0% 60.6% 1 220 210 43.
Free State 1 313 407 1 062 803 80.9% 7.9% 78.4% 886 115 19.
Northern Cape 531 563 429 902 80.9% 7.1% 67.2% 279 632 53.
North West 1 531 947 1 157 663 75.6% 7.6% 75.1% 899 034 28.
Western Cape 1 867 324 1 280 023 68.5% 5.9% 92.1% 1 165 149 9.
Total 18 117 637 14 202 511 78.4% 6.3% 72.9% 11 578 611 22.
Most of the housing and local government expenditure is on the Integrated Housing and Human Settlement Development conditional grant.
Table 11 indicates that provinces spent 83.2 per cent or R10.3 billion of their R12.4 billion adjusted housing conditional grant.
26.1 per cent or R2.1 billion over the same period last year.
Eastern Cape 1 313 378 1 063 217 81.0% 3.0% 10.3% 698 935 52.
Free State 962 759 833 331 86.6% 6.2% 8.1% 706 382 18.
Northern Cape 325 011 288 894 88.9% 4.7% 2.8% 150 222 92.
North West 1 100 120 869 170 79.0% 5.7% 8.4% 725 682 19.
Western Cape 1 581 425 1 178 265 74.5% 5.4% 11.4% 970 576 21.
Total 12 442 341 10 349 824 83.2% 4.6% 100.0% 8 205 992 26.
Personnel expenditure ("compensation of employees") is at 74.9 per cent or R125.9 billion of the R168 billion adjusted budget. Spending to date is 16.3 per cent or R17.7 billion higher than the R108.3 billion spent over the same period last year.
Free State and both Northern Cape and North West recorded the lowest rate of personnel spending at 71.9 per cent and 72.6 per cent respectively while Eastern Cape and KwaZulu-Natal recorded the highest rates at 79.8 per cent and 75.5 per cent respectively.
Eastern Cape 26 403 445 21 058 144 79.8% 59.5% 16.7% 17 044 584 23.
Free State 11 146 594 8 013 373 71.9% 59.3% 6.4% 7 219 204 11.
Northern Cape 4 548 934 3 301 416 72.6% 54.2% 2.6% 2 918 223 13.
North West 11 499 228 8 347 804 72.6% 54.7% 6.6% 7 377 342 13.
Western Cape 15 793 964 11 575 793 73.3% 53.0% 9.2% 9 991 298 15.
Total 168 022 433 125 925 320 74.9% 55.5% 100.0% 108 266 533 16.
67.4 per cent or R16.2 billion of their R24 billion capital adjusted budgets (payments for capital assets). This is higher by 2.8 per cent or R433.5 million more than the R15.7 billion spent over the same period last year.
Eastern Cape 3 611 552 2 610 100 72.3% 7.4% 16.2% 2 490 027 4.
Free State 1 896 273 1 119 937 59.1% 8.3% 6.9% 1 492 414 -25.
Northern Cape 1 085 167 496 251 45.7% 8.2% 3.1% 617 322 -19.
North West 1 662 178 1 407 373 84.7% 9.2% 8.7% 1 119 205 25.
Western Cape 2 862 608 1 794 242 62.7% 8.2% 11.1% 1 255 398 42.
Total 23 973 132 16 158 435 67.4% 7.1% 100.0% 15 724 891 2.
Table 13 provides capital spending information by province, which indicates low rates of spending in Northern Cape at 45.7 per cent and Gauteng at 57.2 per cent and high rates in North West at 84.7 per cent and KwaZulu-Natal at 75.2 per cent. However, in absolute terms, KwaZulu-Natal has spent the most at R3.9 billion followed by Eastern Cape at R2.6 billion.
The total conditional grant adjusted allocation is R52.2 billion (including Schedule 4 grants and provincial roll-overs) with health making up the bulk at R17 billion.
Table 14 (overleaf) reflects spending on conditional grant adjusted allocations as at 31 December 2009 for all provinces. It includes conditional grant roll-overs from the 2008/09 financial year and other provincial adjustments, but excludes spending on general purpose conditional grants (Schedule 4 grants) like National Tertiary Services, Health Professions Training and Development and the Infrastructure grant to provinces, as reporting against these grants cannot be separated from the provinces' health and capital budgets.
Against the total adjusted allocation of R29.9 billion, this excludes Schedules 4 and 8 grants, the rate of conditional grants spending amounts to 73.8 per cent or R22.1 billion. However, when excluding the Gautrain Rapid Rail Link grant, the conditional grant expenditure amounts to R19.1 billion or 71 per cent against a total adjusted allocation of R26.9 billion.
Specific grants that show low rates of spending include Health Disaster Response (Cholera) (20.2 per cent), Agricultural Disaster Management (35.8 per cent), Overload Control (44.8 per cent), Illema/Letsema Projects (49.5 per cent), Housing Disaster Relief (53 per cent) and Devolution of Property Rate Funds (56.6 per cent).
Total excluding Schedules 4,8 grants & Gautrain 24 413 577 1 694 581 822 384 26 930 542 20 705 340 19 120 758 71.
Table 15 indicates selected conditional grant spending rates as at 31 December 2009. It further indicates that four or more provinces have spent less than 60 per cent of their grants adjusted budgets after the first nine months for the following grants: Community Library Services, HIV and Aids (Life Skills Education), Hospital Revitalisation and Devolution of Property Rate Funds.
The table also indicates the number of provinces spending at slightly higher levels between 60 and 75 per cent and greater than 75 per cent of their conditional grant adjusted budgets.
Percentages represent actual expenditure of adjusted budgets as published in the Division of Revenue Act, 2009 (Act No.12 of 2009) and subsequent gazettes.
Provincial revenue includes adjusted equitable share allocations of R240 billion, conditional grants of R51.1 billion and own revenue of R9.3 billion. The total provincial revenue received and collected to date is recorded at 75.3 per cent or R226.3 billion of total adjusted revenue of R300.5 billion.
National government transferred 74.6 per cent or R179.1 billion of the equitable share and 78.7 per cent or R40.2 billion in conditional grants, to provinces after the first nine months of the current financial year.
After the first nine months, provinces have collected 74.8 per cent or R7 billion of the own revenue adjusted budget of R9.3 billion which is 7.4 per cent or R478.9 million more than what was collected by the end of December for the previous financial year.
The collection rate varies from 64 per cent in Free State and 66 per cent in Gauteng, to a high of 93 per cent in Northern Cape and 90.3 per cent in Eastern Cape.
Eastern Cape 703 652 635 530 90.3% 1.9% 728 013 -12.
Free State 627 202 401 189 64.0% 2.8% 392 255 2.
Northern Cape 141 066 131 148 93.0% 2.1% 115 991 13.
North West 607 709 453 752 74.7% 2.9% 490 286 -7.
Western Cape 1 714 905 1 335 580 77.9% 5.9% 1 410 532 -5.
Total 9 310 953 6 968 812 74.8% 3.1% 6 489 937 7.
<fn>GOV-ZA.2010031201En.2012-02-10.en.txt</fn>
The Mail & Guardian today carried a story under the rubric "Will the banks get a new boss" concerning the Minister of Finance weighing the possibility of a new independent regulator for South African banks. This story is incorrect - there is no intention to set up a new prudential regulator for banks, as this is currently done very efficiently and effectively by the South African Reserve Bank (SARB) through its Banking Supervision Department. This department, led by Mr Errol Kruger, will therefore continue to be the sole prudential regulator of banks?
The article confuses two very different regulatory functions, one related to market conduct and the other to prudential regulation (and financial stability). The recommendations of the Banking Enquiry Panel of the Competition Commission deal with market conduct issues in the retail banking sector, including the question of access to the national payment system (NPS). The regulation of the banks in terms of their membership of the NPS must therefore not be confused with the prudential regulation of banks and financial stability issues, nor should the regulators be confused, as a separate regulator (via a different SARB department, the National Payment System Department) plays this role for the payments system.
Many of the proposals in the Banking Enquiry Panel's report can be implemented (and some have already been implemented by some banks). The Minister will be meeting with the CEOs of banks shortly, to ensure that the response of the banking sector and government can be finalised as soon as possible. At all stages during this process, government has been mindful of the need to protect the financial and settlement system against any systemic risk.
The article then also confuses the above two processes with the work arising from international responses to the global financial crisis, particularly the proposals from the G20 and Financial Stability Board to improve the stability of the financial sector. The proposal announced by the Minister during his Budget speech to consider a council of regulators is meant to improve coordination between all the current financial regulators, and not to replace any of them with a new body. The issue of co-ordination is one of the weaknesses identified worldwide through the G20 process.
<fn>GOV-ZA.2010031801En.2012-02-10.en.txt</fn>
PRETORIA, 18 MARCH 2010 - The South African Revenue Service (SARS) and National Treasury today release the 2009 Tax Statistics publication which builds and expands on the first publication in 2008. The objectives that guided the development of the first edition were to make available comprehensive tax revenue data to all interested parties. These objectives remain valid and underpin the contents of this publication. SARS and the National Treasury are committed to providing and publishing data obtained from taxpayers through their compliance with tax legislation.
The 2009 Tax Statistics publication provides an analytical framework that compliments other published economic and demographic data. It provides data on trends in the tax base and is meant to contribute to an understanding of the socioeconomic profile of our country. The data has been used for strategic and policy decisions, not only by government but also by the private sector, academia and non-governmental organisations.
Comments on the first Tax Statistics published in 2008 were in general very positive and included a broad range of requests for additional data and information. Given the magnitude of data provided and recent administrative reforms implemented to enhance the quality of the data captured on the systems, this will be an evolving process aimed at increasing the availability of further and improved taxpayer data. Following comments received, more regular updates may be made available electronically throughout the year.
ï· Chapter 5 provides information on the customs value of imported goods by product type as well as VAT, customs duties, and ad valorem excise duty revenues on imported goods.
ï· For ease of reference, all tables are included in Annexure A at the back of the publication.
Both the National Treasury and SARS hope to continually improve on subsequent publications and would welcome comments on the types of data that should be included in future editions. Such improvement in the quality of data, and its availability, will also enhance the tax policy reform process. The publication also promotes greater transparency in the tax policy reform process and tax administration.
An electronic version of this publication as well as the excel tables are available on the websites of the South African Revenue Service (SARS) (www.sars.gov.za) and that of the National Treasury (www.treasury.gov.za). Comments, queries and suggestions are welcome and can be emailed to taxstatistics@sars.gov.za.
Look out for the 2010 Tax Statistics that will be released towards the end of 2010.
Click here to see the 2009 Tax Statistics Bulletin on the www.sars.gov.za website.
Table A1.5.
Total < 0 taxable income 34.7% 37.
Total = 0 taxable income 38.5% 18.
Total > 0 taxable income 26.8% 44.
Total 100.0% 100.
Table A1.7.
Table A4.2.
<fn>GOV-ZA.20100318adminofjusticebookletfinalsmEn.2012-02-10.en.txt</fn>
The FIFA World CupTM is a major sporting event, which attracts a large fan base across the globe.
Role of the department has a constitutional obligation to ensure that the rights of all the people who are within the borders of the country are protected. This constitutional guarantee will be extended to the multitude of football fanatics, who are expected to come from the different corners of the world.
Integrated Justice System, which include the National Prosecuting Authority (NPA), Legal Aid South Africa (LASA) and the Judiciary, developed a 2010 FIFA World CupTM Administration of Justice plan.
This plan emphasises the hosting of a successful world cup tournament. It includes the following elements: the court infrastructure, staff, court administration and court security.
19 are in regional courts.
These court rooms will deal with all 2010 FIFA World CupTM related cases. These dedicated court rooms are in courts which are mainly in host cities and located closer to the stadiums and ports of entry.
These dedicated court rooms will start working two weeks before the event and continue for another two weeks after the event.
or stay a little longer after the event.
Interpreters to cater for various identified languages.
The department also deemed it necessary to classify all offences that are related to the event as 2010 FIFA World CupTM cases, to ensure that they are addressed swiftly and efficiently, preferably within the tournament's timeframe.
i. committed by a nonresident *Supporter of the ii. committed against a nonresident *Supporter of the iii. to which a non resident is a witness and/or iv.
Supporter means any of the following people: Foreign Government Representatives, FIFA delegates, Federations Representatives, Football Teams, Football Fans or any other person who is a participant in the 2010 FIFA World CupTM event.
<fn>GOV-ZA.20100319gg33021noticer198interceptionEn.2012-02-10.en.txt</fn>
The tracing or assistance rendered in the tracing of a postal article as identified in the direction.
is payable to the postal service provider for providing all or any of the forms of assistance prescribed in Column 1 in respect of a specific direction.
<fn>GOV-ZA.2010032301En.2012-02-10.en.txt</fn>
Thank you for inviting me to open this forum on the exchange rate and the economy. As the public debate of the past year has shown, society's views on the exchange rate, its movements, and its level are wide-ranging and often contradictory. Importers and consumers like a strong rand. Exporters often favour a weaker currency. Strong and weak currencies carry implications for economic growth, for the evolution of job creation and destruction, and the long-run distribution of income. At the same time, it is critically important that the exchange rate not be given too much credit for determining economic outcomes. Other factors often carry more economic importance, for instance movements in interest rates, long-run productivity development, or demographic change. And, in order to put in place an exchange rate policy that works for this society, we need to recognise and acknowledge the factors that constrain our small and relatively open economy.
We need to start by reminding ourselves of where we come from. The economic and political exclusion of apartheid meant that the majority of the population's economic life was determined by others, and left the majority destitute whenever possible. Mining and agriculture were the two sectors open to the majority, and were in any event undergoing a slow but inexorable shift to higher productivity and less labour intensity. The lack of integration with the rest of the world meant there was no great exporting manufacturing base to absorb labour. At the same time, there was little investment in housing and other parts of community infrastructure - and no services. Public infrastructure, from electricity to transport, was limited and costly. There were no capital inflows. The exchange rate was strong. As the 1990s approached, fiscal deficits and inflation soared - together, as they always do. The real exchange rate was uncompetitive, driven up by a strong nominal currency, tight capital controls, and rampant wage and price inflation.
What has happened since In a nutshell, fiscal and monetary policy have stabilised the economy, resulting in low inflation, low public debt levels, and low interest rates. Both the private and public sectors could borrow from domestic and foreign creditors to finance investment and higher consumption at sustainable rates. While mining and agricultural sector employment fell, stabilisation and stronger growth rates in the late 1990s resulted in job growth in the public sector and much of the private sector. The economy expanded in areas of services, retail and wholesale trade, finance, construction, community infrastructure development, and others - areas where there had been severe under-investment for one reason or another for several decades?
Our tradable goods sectors, meanwhile, had to contend with import competition, new overseas markets, and the need to quickly become more competitive and productive. Integration resulted in slow aggregate growth in manufacturing of close to 1% in the 1990s, strengthening to 2.5% for the 2000s, and in the latter half growth averaged about 4% per year. Sub-sector performance showed large variations. The 2000s were characterised by growth in all sectors of the economy. Some grew faster than others.
Importantly, the investment rate of the economy rose as macroeconomic stability became entrenched and expectations about future economic growth improved. Gross fixed capital formation, driven by the private and increasingly the public sector, rose from 15% of GDP to over 20%. This generated a current account deficit because our savings was not high enough to finance all the investment. I will return to this issue later.
Macroeconomic policy facilitated these shifts, by reducing the cost of borrowing, providing greater certainty to investment decisions, and cushioning economic growth from an increasingly volatile international financial environment. From the Russian and Asian crises of the late 1990s, to the Argentine crisis of 2001, to the recent global collapse of finance, prudent fiscal policy, credible monetary policy and an exchange rate that was allowed to absorb capital flows shocks have helped to sustain economic growth and jobs. 1998, prior to the managed float of the rand, was the last time domestic interest rates rose above 25%. The average prime interest rate in the 1980s was 16.5%, for the 1990s it was 18.9%, and for the 2000s it was 13.2%. The respective economic growth rates were 1.7%, 1.6% and 3.5%.
As high inflation has given way to lower inflation in response to trade reform and sustainable macroeconomic policy, the real exchange rate has fallen steadily. On the same index basis, the real rand has fallen from 118 in 1990 to 100 in 2000 and an average of 101 in 2009. The nominal value of the rand against a basket of our trading partner currencies (before we take away inflation) was 60% below its average level in the 1990s. The current level of the R/$ exchange rate of R7.35 compares with an average level of R3.90 in the 1990s and R6.11 in 1999. Clearly, the average level of the spot exchange rate is not the cause of our poor export performance. With lower inflation, our real exchange rate depreciation would have been much closer to the nominal.
Some commentators point to the level of the rand in 2001, at the height of the Argentine crisis, as the appropriate level for South Africa. They measure the level today as an appreciation from that low. This hardly seems reasonable as a basis for analysing the level today, and of course constructive analysis would not do so. Measured by the nominal exchange rate - the rand/dollar rate - our economy is more competitive today than it was on average for the decade (and much more so than in the 1990s). The sharp depreciation in the rand in 2001 should be understood for what it was - a movement that protected and sustained the economy from the need to raise interest rates very high and force the economy to contract.
The weakening of the exchange rate has been a long-term phenomenon associated with the softer commodity price trend evident before the early years of this decade and South Africa's poor growth in productivity.
It has also been supported by policy. Prior to 2000, the monetary and fiscal authorities used a forward book - future agreements to provide foreign currency at a specific rand value - to sustain the value of the exchange rate, despite continuous downward pressure. Inflation targeting and the move to a floating exchange rate allowed the rand to depreciate, while reducing the inflation that was appreciating the real exchange rate. The forward book was closed in 2004, and foreign currency reserve purchases were strengthened, to sustain a competitive exchange rate. National Treasury allocated interest-bearing instruments to the Reserve Bank, plus additional funds, to enable the build up of foreign reserves. All of this was made possible by stronger economic growth and higher tax revenues.
In 2005, we shifted policy to move toward a fiscal surplus in order to increase saving and ramp up the sustainable financing of foreign currency reserves. The rand was very strong at the time, driven by rising commodity prices and capital inflows. Lower inflation and a larger fiscal surplus would have helped to weaken the nominal and real value of the currency.
South Africa's present economic difficulties started long before the 2008 crash of global financial markets. The spiral of high oil prices, high food prices, sharply increasing construction prices, and supply shortages, leading to second-round rises in wages and broader consumer prices, started in early 2006. Domestic overheating and rising import prices from oil and food drove up domestic inflation, and despite repeated warnings from the monetary and fiscal authorities to cool consumption, monetary policy needed to respond to prevent further economic damage.
Let me be very clear here. The monetary and fiscal responses in the 2000s, and in response to the rising inflation of 2006 and 2007, protected South Africa's whole economy - including its exporters. By appreciating the real exchange rate, spiralling inflation would have made traded goods even less competitive. At the same time, the monetary response ensured that high interest rates wouldn't be permanent. High inflation begets permanently high interest rates. In short, without the monetary response, South Africa would have had a collapse in both traded and non-traded goods and services.
Over this period, the exchange rate depreciated from about R6.10 per dollar in January 2006 to R7.40 in January 2008. This was the right direction for the rand to go.
Was it sufficient to allow an increase in exports and rebalance production to traded goods and services The data shows that exports picked up?
Should the rand have depreciated much more The answer to that is a question of balance. You would answer yes if you were willing to accept higher inflation and permanently higher interest rates?
Would all of this result in a permanent structural shift in the economy towards greater traded goods and services production Yes, if domestic inflation didn't rise by the extent of the depreciation?
Would it result in a higher level of GDP Yes, but only if the rise in net exports outweighed the losses from a higher interest rate. In short, keeping inflation as low as possible - or rapid increases in labour productivity - is the prerequisite for depreciation to result in both a rise in traded goods and services production and a short-term rise in overall GDP?
Up to now I have largely abstracted away from the story about capital inflows to the economy. We can tell the story about the long-run trends in the exchange rate without too much recourse to capital flows. That is not to say they haven't been important. They certainly have, not least as enabling our mismatch between investment and saving, and hence a higher rate of economic growth than would otherwise have been possible. Most of the capital coming into South Africa has been in equities and has lowered the cost of capital for those firms - many of them commodity exporters.
Flows have also been important when they disappear entirely, as in 1998, 2001 and 2008. Capital inflows have, on balance, financed our current account deficit and enabled the rand to recover from global crisis induced lows. And capital flows have been volatile and resulted in large swings in the short-run value of the currency.
But that is different from arguing that capital inflows have somehow caused deindustrialisation of the South African economy. The long-term trends in the exchange rate don't support that argument, unless you somehow believe that all of South Africa's manufacturing and export capacity was created precisely at the time when the rand was R13 to the dollar in 2001.
Capital flows and also asset prices need to be considered explicitly in monetary policy and broader macroeconomic decision making. These complicate understanding of the link between money supply and inflation, and increase the probability of banking crises and international contagion. The financial crisis in the US and the Asian crisis in 1998 featured both asset price bubbles and capital flows.
What to do about the exchange rate?
So if the average nominal value of the rand is more competitive than it has been in recent decades, and if we understand that domestic costs play a large role in determining the real exchange rate and our competitiveness, what do we need to do about the exchange rate?
On balance, the managed float of the currency has been to trend downwards, moderated and at times reversed by swings in capital flows. Over the longer term, the real exchange rate needs to depreciate to support competitiveness of the economy. This needs to occur through moderation of the nominal exchange rate, lower inflation, and much stronger productivity growth in sectors exposed to international competition. Our fiscal exit strategy to lower dissaving and the inflation targeting framework remain the macroeconomic prerequisites for achieving those aims. Higher inflation and high fiscal deficits and borrowing will never make the economy more competitive because they reduce saving and appreciate the real exchange rate.
The Commission on Growth and Development, chaired by Professor Michael Spence, showed that high growth countries have employed policies to counteract exchange rate appreciation to support competitiveness. However, the Commission also stressed that a depreciated exchange rate is not a silver bullet for export promotion. Complementary policies are needed to limit the impact of the exchange rate on inflation and to raise economy-wide productivity, including responsible macroeconomic policies, good quality education, infrastructure development, effective enforcement of competition and well designed regulatory frameworks. Product and factor market rigidities need to be removed to facilitate demand and production adjustments to changes in relative prices. This underlines the need for microeconomic reforms that enhance the competitiveness and flexibility of the economy.
Volatility of the exchange rate remains a concern insofar as it makes it difficult for small and medium sized exporters to invest in production capacity or for importers to plan for the costs of capital goods or consumption goods. Larger firms, and those involved in both importing and exporting, are less concerned about the exchange rate. This points to the need for more targeted intervention in helping firms manage the overall costs of hedging - this would be a more fruitful strategy than attempting to balance the costs and benefits of a larger macro approach.
We need to find ways of moderating volatility over suitable timeframes, primarily by supplying sufficient financing for foreign reserve purchases by the Reserve Bank. Financial policy must also facilitate the development of hedging instruments and the deepening for foreign exchange - and financial markets more generally, while gradual accumulation of additional foreign reserves enhances the market's assessment of South Africa's creditworthiness and the central bank's ability to smooth excesses in rand volatility.
Some commentators have proposed a fixed exchange rate regime as the solution for South Africa, but this would be very hard to implement and carries a range of economic costs. Such a regime would require South Africa to give up its monetary sovereignty and adopt the same monetary policy stance to the country whose exchange rate is being targeted, even if it is not appropriate for domestic economic conditions.
Moreover, the exchange rate would no longer be a shock absorber for changes in the terms of trade. If we had had a fixed rate regime at the time of rising imported food prices, our domestic inflation rate would have been much higher and South Africans much poorer. As the Greek experience clearly shows, bad economic management and lack of productivity magnify the eventual crisis caused by inappropriate fixed exchange rate regimes.
Let me conclude by making a couple of summary points.
First, to say something sensible about the rand it is important to take a longer term view of exchange rate levels. Production capacity does not spontaneously come into and out of existence as the rand moves from month to month.
Second, the domestic inflation rate is as important for the real exchange rate as is the nominal value of the rand. The notion that we can let domestic inflation loose and become more competitive is simply wrong.
Third, while it is important that we focus on raising our exporting capability, we should be conscious of the tradeoffs involved when we argue for the use of macroeconomic policy to achieve these aims. Overall economic growth is unlikely to be higher in the short and medium term as we move to lower fiscal deficits and/or higher fiscal surpluses and lower inflation. Sustainable real depreciation is not costless and we need to have integrity to acknowledge that.
Finally, as a society we need to recognise that change is important and necessary. Macroeconomic policy cannot simply throw a lever and make us more competitive. Continuous learning, re-skilling, adaptation and creativity at the microeconomic level is the only way to achieve and retain competitiveness in a rapidly evolving world economy.
<fn>GOV-ZA.2010032501En.2012-02-10.en.txt</fn>
Allow me to begin with a word of appreciation for the wisdom of the first board of the GEPF, who planted the seeds that led to our dinner tonight. Chairman Martin Kuscus and his board's investment committee recognised the need to situate the investment strategy of the Fund in a broader frame of reference, and identified the United Nations Principles of Responsible Investment as an appropriate benchmark.
The decision in 2006 to register the GEPF as a signatory to the UN Principles was the start of a process, the outcome of which we are able to celebrate this evening.
The UN principles are necessarily formulated in broad terms, taking into account the great diversity of environmental, social and governance challenges faced by the global family of nations. The Board of the GEPF has rightly engaged with these principles not as a set of norms to be uncritically implemented, but as a point of departure for developing a framework suited to our own context, our own history and our own development challenges. That it has taken several years to reach this point is no doubt in part a reflection of the ponderous nature of board committee deliberations, but it is of course also a consequence of the complexity of the task - and of the need to reflect deeply on the particular circumstances and priorities of an investment mandate in our times, and in our environment.
Indeed, it is hard to think of any single decision process with quite the same importance for South Africa's longterm growth, quite the same potential impact on people's lives, as the GEPF's investment strategy.
It is not just that this is a large pension fund by international comparison, with a membership base of some 1.5 million, and funds under management equivalent to over a quarter of South Africa's GDP. It is not just that the GEPF now has a welldiversified portfolio, with substantial equity investments and a growing property portfolio, whereas twenty years ago it was almost entirely invested in government bonds. This is an unusually large fund, but there are other countries with substantial social security or public sector retirement funds. What is unique, however, is our investment environment, and the special challenges of economic and social transformation that we face.
And so the GEPF Board has quite correctly sought to locate its investment strategy within a set of internationally tested principles, but has also rightly set out to interpret these for our own circumstances and to provide a frame of reference that addresses South Africa's growth and development path.
SA is a member of the international community. We can't just adhere to international principles. We should continue to shape these principles as they evolve.
Our growth path is not a fixed and determinate road map, and similarly the GEPF's investment policy statement is really the start of a journey and not the destination.
It is not a journey that the GEPF can undertake alone - indeed, the Government Employees Pension Law specifically recognises that the Fund's investment strategy as a responsibility that is shared with the Minister of Finance. It is important to understand that the Government's pension promise to civil service employees is in effect a promise made on behalf of taxpayers. And so the Minister of Finance, as custodian of the public finances, has a very special interest in both the administration of the fund and the investment of its assets. This is given effect in an agreed investment mandate, which in turn is implemented by the Public Investment Corporation.
The Minister has recently met with the chair and members of the Board, and agreed that we will hold further discussions on the development of a new investment mandate, drawing on the experience already gained but also geared to a new growth and development path for a more prosperous and a more just South Africa.
The GEPF Statement of Responsible Investment provides an important frame of reference for this mandate, but the course has still to be charted in detail. There will no doubt be different views on some of the choices to be made. This is for the good: robust debate is better than blindly following a course. The principles and our policy statement are there to guide the debate, but not to determine the outcome. So there is still hard work to be done - and indeed I am sure that in a few years' time we will be ready to revise this statement, drawing on experience and insights gained in the period ahead.
When I say there is hard work to be done - Mr Moloto, I hope you will allow me to offer some thoughts that your Board might wish to take further - when I say there is hard work to be done, I don't just mean that the analysis is difficult; in truth that is invariably the easier part. What I mean is that it is not enough to have laudable aspirations, these must be translated into action. To put it bluntly, it is not enough to invest responsibly - we also have to take responsibility into the investment process, which means we have to boldly confront irresponsibility and shorttermism.
And this takes courage.
It is worth recalling, for example, that one of the first recorded instances of responsible shareholder activism was a resolution brought against Dow Chemical in 1969 for its manufacturing of Agent Orange, at a time when US public sentiment was still dominated by Cold War thinking.
It is worth remembering that responsible investment campaigns gained their greatest momentum in the 1980s as a vehicle of active global opposition to apartheid - beginning with Reverend Leon Sullivan's code of conduct for American businesses, and ending with financial and trade sanctions that progressively strangled the apartheid economy.
So there is a history of social activism here, of bold public campaigns, of exposure of corporate greed and abuse, of courageous promotion of human rights in the face of powerful vested interests.
We now have a plethora of global initiatives aimed at raising the profile of environmental, social, human rights and governance concerns. The Principles of Responsible Investment, facilitated by the United Nations as a shared commitment by major institutional investors, is one amongst many such initiatives. Its signatories have increased from 50 in four years to about 700 now, representing almost US$20 trillion in assets under management.
To report on their activities and progress towards implementing the Principles.
These are excellent commitments, and in adopting a responsible investment policy statement, the GEPF has taken an important step forward in meeting its obligations as a founding signatory to the UN Principles.
Yet this is not enough, and there is a risk here that our endorsement of a wellintentioned collective initiative will lead us into complacency about the hard work that social activism requires.
To give meaning to these principles, we must have the courage to be investor activists, even when it is awkward or inconvenient to do so.
We can all take pride in the fact that we have got off to a promising start. Under Brian Molefe's leadership the PIC has established an already impressive reputation as an activist shareholder, on behalf of the GEPF. As he leaves the PIC, commend his achievements in building that institution. He is leaving behind a very competent team that is capable to execute the new GEPF investment mandate. South African corporations know that the GEPF as a shareholder is interested in their commitment to corporate governance and their compliance with the King Committee principles. South African corporations know that the GEPF is interested in their progress towards black representation and appointment of women as directors and managers. South African companies know that the GEPF is interested in their remuneration policies and practices.
Yet there is more that has to be done.
ï· Most large companies now incorporate environmental considerations into their investment plans and reporting, and we are making progress in energy demand management and environmental management. But this is not enough. South African scientists have been at the forefront, internationally, of developing strategies for confronting climate change.
21st century. Responsible investment is not just about individual corporate compliance with agreed reporting standards, but far more importantly it is also about forging a national consensus about a longrun energy investment path consistent with our global carbon reduction commitments. The GEPF is by far the largest single investor in our main energy utility, Eskom. Does investor activism confine itself to equity investors and not bond lending What do our responsible investment principles mean for the conversation we need to have with Eskom, and the Department of Energy, about the direction of our electricity generation strategy, and the electricity price adjustment path?
ï· Similar questions can be asked about our transport sector, or the communications and information technology industry, in which the regulation of competition between public and private sector players involves a range of difficult considerations. Again, the GEPF is a major investor, both in the public and the private sectors. What does responsible investment imply Have we explored options for investment in our metropolitan bus rapid transport projects, for example Can we play a role in financing the rollout of broadband IT services in schools and rural areas We have set aside funding for investment in a PanAfrican Infrastructure Development Fund. Are we clear about our priorities for regional infrastructure integration - what kinds of investment will yield the most gains in trade and development promotion Should we perhaps be pursuing partnership opportunities with the Development Bank of Southern Africa for investment in municipal infrastructure and services Should we support investment by the private sector in addressing municipal service delivery capacity problems?
ï· A third area in which we need to enhance available vehicles for financing development is that of enterprise development, broadbased empowerment and employment creation. This covers a wide range of activities, in which several development finance institutions and agencies are already active players. The GEPF has set aside funding in its Isibaya Fund, which has invested about 2 per cent of the total portfolio in supporting smallsized BEE companies. But the kind of expertise that is needed to manage venture capital partnerships and ensure that financial risks are appropriately managed is highly specialised. Too many South African investors with interesting ideas tell us that South African banks and fund managers are not forwardlooking enough, are not bold enough in supporting entrerpreurial risktaking. This is therefore an area in which we should be building partnerships with the wider banking sector and development finance institutions - so that as we step up our commitment to enterprise investment and job creation, we do so as part of a network of development agencies, capable of pooling risks and drawing on the best available expertise. This is not as easy as it sounds: private sector players are in competition with each other and are rightly constrained in their capacity to collaborate with one another. It therefore falls to the public sector enterprise development agencies, and the GEPF as a major source of development capital, to construct an appropriate platform through which enterprise development can be financed on reasonable and sustainable terms.
ï· I need to draw attention to a fourth arena of social responsibility in which the GEPF has a key role to play. Our social security arrangements are both fragmented and inefficient. Comprehensive social security reform proposals were tabled in the report of the Taylor Committee of Inquiry eight years ago. If we are to make more rapid progress in implementing these reforms, we need to address the institutional divide between public and private sector arrangements, which is a legacy from a previous industrial relations era. As part of a comprehensive and integrated social security and retirement system, we now need to bring the GEPF under the full jurisdiction of the Pension Funds Act and the Financial Services Board. We need to align the public and private sector arrangements for unemployment insurance and compensation for occupational injury. We need to find a common approach to funding and subsidising health insurance. There are debates in progress on these matters, there are forums through which ideas can be exchanged and tested. It is time for the GEPF to be heard.
ï· Fifthly, we should remind ourselves that financial and corporate governance face very special challenges in our circumstances. Our financial institutions have stood up well in the past four years, despite the immense turbulence of the global financial crisis. Our stock exchange is modern and wellrun, and South Africa is wellrespected for its accounting standards, governance protocols and audit capacity. But there is no room for complacency. We need to achieve greater transparency around procurement processes, and we need to step up the fight against commercial crime and corruption. So we need to ask what role the GEPF can play in improving financial governance in our country - as a responsible investor, but also as a retirement fund with its own administrative and governance challenges that need to be addressed forthrightly.
These are some of the challenges ahead, Mister Chairperson and Board Members. I would be remiss in my duties if I didn't also remind you that we have a fiduciary and joint responsibility to ensure that the Fund invests prudently and wisely, because the wellbeing of our pensioners and employees depends on sound and sustainable financial returns. This also means that we are required to keep down the costs of fund management and administration. As your actuaries will be able to explain more exactly, unnecessary costs of active fund management are the single most important drain on future pension entitlements - even if this operates indirectly through the annual inflation adjustments in a defined benefit scheme such as ours.
If I have set out a rather daunting agenda of further work, allow me to conclude by pointing out that there is a wider community of stakeholders who share the investment responsibilities we have discussed. Much of this belongs on the agenda of the Financial Sector Charter forum, which also provides a platform for exploring aspects I have not touched on - housing finance, and access to financial services, for example. If these are challenges for the GEPF, these are equally challenges that need to be addressed by the fund management and investment industry more widely. To give practical content to this objective, we need a conversation which brings investors, development finance institutions, organised labour and key government and private sector stakeholders together. Responsible investment is a collective undertaking, informed by appropriate principles, but also implemented through appropriate processes of engagement. This joint engagement is the challenge to which we must turn in the period ahead, informed by both the United Nations principles of responsible investment and by a deeper understanding of South Africa's particular social development and economic growth imperatives.
<fn>GOV-ZA.20100329callforpaperslimpopoEn.2012-02-10.en.txt</fn>
The Law Week of the University of Limpopo, School of Law, has by now become a regular item on the annual agenda of lawyers in South Africa and Southern Africa. As in the past, the theme of the conference will be Law, Gender and Social Transformation.
The Law Week will be hosted at R40 Conference Hall, University of Limpopo Turfloop Campus from the 30th August to 3 September 2010.
The theme is inspired by the awareness that, given South Africa's historical background, gender considerations remain indispensable for justice in social transformation.
Lawyers and non-lawyers are cordially invited to submit papers for presentation at this conference focusing on the sub-theme of their choice.
Lawyers from across the terrain covered by modern day law will be attending the Law Week, including judges, politicians, legal advisors, corporation counsel, other practitioners, academics, magistrates, prosecutors, students, etc.
The topics and discussions will also be of immense value for participants from other disciplines, such as sociology, townplanning, economics, medicine, education.
Presenters are requested to provide an abstract of their presentations in 200-250 words on or before 31 May 2010 and the paper to presented by 30th July 2010 to Mr. Themba Mathebula at thembam@ul.ac.za. Alternatively, abstracts can be sent by fax to (015) 268 2904.
<fn>GOV-ZA.2010033102En.2012-02-10.en.txt</fn>
Finance Minister Pravin Gordhan has approved the recommendation of the Financial Services Board (FSB) on the appointment of Mr Charles Pillai as Pension Funds Adjudicator (PFA). Mr Pillai, currently serving as Financial Advisory and Intermediary Services (FAIS) Ombud, will assume this post on 1 April 2010 for a period of three years. He will take over from the Acting PFA Dr Elmarie De la Rey, who served in this position for the past six months following the resignation of Ms Mamodupi Mohlala to take up the post of Director General in the Department of Communications.
The board of the FSB has also appointed Ms Noluntu Bam to succeed Mr Pillai as FAIS Ombud, effective from 1 March 2010 for a period of three years. Ms Bam has served as deputy FAIS Ombud for the last six years.
Mr Pillai holds both an LLB and LLM degree. He was appointed as the country's first FAIS Ombud in 2003, and has served in an exemplary manner. His dedication and commitment contributed significantly to building the office and upholding the objectives of consumer protection and the integrity of the financial services industry. He brings with him a sound understanding of approaches to dispute resolution. The Ministry of Finance welcomes him to this new position and looks forward to the enthusiasm and leadership he is expected to bring.
The Finance Ministry would also like to thank Dr De la Rey for her hard work and commitment during her short tenure as acting PFA, where she managed to put in place mechanisms to improve the functioning of the office.
<fn>GOV-ZA.20100331Gg33067Noticer250ChildsactEn.2012-02-10.en.txt</fn>
under section 280, of the Children's Act, 2005 (Act No. 38 of 2005), made the regulations in the Schedule.
Register regarding matters brought to the Children's Court In terms of section 53 of the Children's Act, 2005 (Act No.
Bringing matter to children's court in terms of section 53 of the Children's Act, 2005 (Act No.
Notice to parties to attend a pre-hearing conference in terms of the Children's Act, 2005 (Act No.
Notice to attend proceedings of the children's court in terms of section 57 of the Children's Act, 2005 (Act No.
Referral of matter to *family group conference/lay-forum in terms of sections 70 and 71 of the Children's Act, 2005 (Act No.
Subpoena to witness to appear before the children's court in terms of section 59 of the Children's Act, 2005 (Act No.
Medical report and age assessment of child in terms of section 48(2) of the Children's Act, 2005 (Act No.
Order of a children's court to carry out an investigation in terms of section 50 of the Children's Act, 2005 (Act No.
Record of proceedings in the Children's Court in terms of the Children's Act, 2005 (Act No.
"respondent", for the purposes of Chapter IV of these Regulations, includes a person who removed or retained a child, or who prevented the exercise of rights of access to a child; and "the Act" means the Children's Act, 2005 (Act No. 38 of 2005).
An application for appointment as a clerk, as provided for in section 67(1) of the Act, must be in writing on Form Z 83(81/971431) as prescribed by the Department of Public Service Administration and must be submitted to the Director-General.
A person may be appointed as a clerk by the Director-General if he or she complies with the appointment requirements as stipulated in the Public Service Act, 1994 (Proclamation No. 103 of 1994), and the appointment policies developed by the department for a post of administrative clerk in the department.
The Director-General may appoint a person as a clerk for the period agreed to between the Director-General and the person, who is entitled to an all inclusive remuneration package equal to that of an administrative clerk in the department.
The conditions of service of a person appointed as a clerk in terms of subregulation (1) are the same as the conditions of service applicable in respect of a person appointed as clerk of a magistrate's court in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994).
the matter for which the investigator was appointed.
A person referred to in section 53 of the Act, who intends to bring a matter to court in terms of that section, must notify the clerk of his or her intention to do so on a form which corresponds substantially with Form 2 of the Annexure.
the matter to court.
If the presiding officer of the court decides under regulation 6(2)(c) that the matter should be referred to court, or if the matter was referred back to the court by a facilitator of a family group conference or by a chairperson of a lay forum, the presiding officer of the court in question must assign a date for the matter to be heard in court, which date must be within 30 days after the presiding officer of the court has decided that the matter must be heard in court or after the matter was referred back to the court by a facilitator of a family group conference or a chairperson of a lay forum.
The clerk must, within five days after the presiding officer of the court has assigned a court date as referred to in subregulation (1), and at least 15 days before the date of the hearing, notify the parties, to attend the proceedings of the court, on a form which corresponds substantially with Form 4 of the Annexure.
served or submitted in any other manner as directed by the presiding officer of the court.
A written report as provided for in section 63(1) of the Act must be submitted to the presiding officer of the court no later than 10 days prior to the hearing of the matter.
A party to the proceedings in a court, or his or her legal representative, may request the court for a deviation from any period of time prescribed in these Regulations, which request must be in writing, stating the reasons for the request and submitting any proof to substantiate his or her reasons.
does not respond but that party's rights may be affected if a deviation from any period of time prescribed in these Regulations is granted.
The clerk may subpoena any person to appear as a witness in a matter before the court at least 10 days before the date of the hearing on a form that corresponds substantially with Form 6 of the Annexure.
A person referred to in section 59(1)(b) or (c) of the Act, who intends to have a witness subpoenaed must, within 15 days before the date of the hearing, request the clerk to issue a subpoena to that witness, and the clerk must without delay issue the subpoena.
refer that person to a medical practitioner employed by the state of the court's choice for an estimation of that person's age.
The medical practitioner referred to in subregulation (1)(b), must complete a form which corresponds substantially with Form 7 of the Annexure.
a record of immunisation issued by a clinic.
An estimation of age in terms of subregulation (3), must be entered into the court record as the estimated age and date of birth of the person.
Where a court makes an estimation of age in terms of subregulation (3), a form which corresponds substantially with Form 8 of the Annexure must be completed and handed to the social worker involved with the matter to be handed in at the Department of Home Affairs to be dealt with in terms of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992) and the Identification Act, 1997 (Act No. 68 of 1997).
An order of a court in terms of section 50 of the Act to carry out an investigation or further investigation must be on a form which corresponds substantially with Form 9 of the Annexure.
request a person to identify himself or herself to the satisfaction of the investigator.
A request referred to in subregulation (2) may be made in the manner the investigator deems fit.
the outcome of the investigation.
The investigator must submit the report referred to in subregulation (5) to the court within 10 days after the conclusion of the investigation.
provide him or her at the meeting, with information relating to the matter and documentary proof of the information, if applicable.
may, if necessary, direct that a court interpreter must attend the pre-hearing conference.
notify the parties involved on a form which corresponds substantially with Form 3 of the Annexure, of the date, place and time of the pre-hearing conference, and keep record of how the parties were notified.
if a party is unrepresented, inform him or her of his or her right to be represented at his or her own expense by a legal representative of his or her own choice and if he or she cannot afford legal representation, that he or she may apply for legal aid, and of the institutions which he or she may approach for legal assistance.
refer the matter back to the court for a hearing.
any other matter the chairperson deems necessary.
If a court orders that the matter must be referred to a family group conference as provided for in section 70 of the Act for mediation, the presiding officer of the court must appoint a person or organisation as provided for in subregulation (2), as facilitator of the family group conference.
a traditional leader.
notify the parties of the documents submitted to the facilitator.
taking steps to ensure that all persons entitled to attend the conference are notified within a reasonable time, of the time, date and place of the conference.
No notice referred to in subregulation (4)(b) needs be given to any person whose whereabouts, after reasonable enquiries, are unknown and failure to notify any person in accordance with that subregulation does not affect the validity of the proceedings of a family group conference.
Where a family group conference fails to take place on the time, date and place determined in terms of subregulation (4), the facilitator must arrange for an alternative date and notify the persons entitled to attend the family group conference accordingly.
The facilitator must confer with the parties and endeavour to obtain an agreement or settlement in respect of the matter.
a report that either sets out any agreement reached by the parties or states only that the parties did not reach agreement on the matter.
The report referred to in subregulation (8) and any agreement or settlement reached between the parties must be submitted to the clerk within 15 days after conclusion of the family group conference, who must submit it to the court for the court to make any agreement or settlement reached an order of the court.
If a facilitator refers the matter back to the court for a hearing, that referral must be in writing on a form which corresponds substantially with Part B of Form 5 of the Annexure, stating the reasons why the matter was referred back.
notify the parties involved in the matter on a form which corresponds substantially with Form 4 of the Annexure of the date, place and time of the hearing.
notify the parties of the documents submitted to the lay forum.
taking steps to ensure that all persons entitled to attend the meeting are notified within a reasonable time, of the time, date and place of the meeting.
No notice referred to in subregulation (2)(b) need be given to any person whose whereabouts, after reasonable enquiries, are unknown and failure to notify any person in accordance with that subregulation does not affect the validity of the proceedings of a lay forum meeting.
Where a lay forum meeting fails to take place, the chairperson must arrange for an alternative date and notify the persons entitled to attend the lay forum meeting accordingly.
The chairperson of a lay forum must confer with the parties and endeavour to obtain an agreement or settlement.in respect of the matter.
a report that either sets out any agreement or settlement reached by the parties or states only that the parties did not reach agreement on the matter.
The report referred to in subregulation (6), together with any agreement or settlement reached by the lay forum, must be submitted to the clerk within 15 days after conclusion of the proceedings of the lay forum, who must submit it to the court for the court to make any agreement or settlement reached an order of the court.
If a lay forum refers the matter back to the court for a hearing, that referral must be in writing on a form which corresponds substantially with Part B of Form 5 of the Annexure, stating the reasons why the matter was referred back.
An application for the return of a child under Article 8 of the Hague Convention from another contracting state to the Republic, must be in writing on a form that corresponds substantially with Form 10 of the Annexure.
a sworn affidavit setting out the chronological exposition of events and circumstances leading to the abduction of the child.
An application as provided for in subregulation (1) must be submitted to the Central Authority of the Republic, who must, within 48 hours of receipt thereof, forward it to the Central Authority of the country to which the child has been taken.
submitted to the office of any Family Advocate in the Republic, which must, without delay, submit the application to the office of the Chief Family Advocate.
Upon receipt of the application as provided for in subregulation (1), the Chief Family Advocate must bring an application, within 15 days after the child has been located, to the High Court having jurisdiction.
within 10 days after the child has been located, bring an application to the High Court on behalf of the parent or person with parental rights and responsibilities from whom the child has been wrongfully removed, to have the child returned to his or her place of habitual residence.
An application for assistance made by an applicant to the Chief Family Advocate must, unless the contrary is proved, be deemed to constitute authorisation by the applicant for the Chief Family Advocate or a Family Advocate to exercise any power and perform any duty conferred or imposed on him or her under the Hague Convention, and to appear on the applicant's behalf in any proceedings that may be necessary under the Hague Convention.
Where no Government department is able to grant the assistance sought or where the Chief Family Advocate considers it necessary to give effect to the provisions of the Hague Convention he or she may, subject to any condition he or she may deem appropriate, appoint any person to assist him or her, or a Family Advocate, to exercise any power or perform any duty conferred or imposed upon the Central Authority of the Republic under the Hague Convention.
The appointment referred to in subregulation (1) and any condition thereof must be in writing and a certified copy of the original appointment must be handed to the person concerned: Provided that in urgent cases the appointment may be made orally but must subsequently be confirmed in writing without delay.
Any person who hinders or obstructs the Chief Family Advocate, a Family Advocate or a person appointed by the Chief Family Advocate in terms of regulation 18 in the exercise of his or her powers or the performance of any duty conferred or imposed on him or her under the Hague Convention, the Act or these Regulations is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.
qualify for legal aid in terms of the Legal Aid Act, 1969 (Act No.
wish to appoint a legal representative of his or her choice.
the subsistence expenses as prescribed from time to time for the Public Service.
A person referred to in subregulation (1) must, when submitting a claim for actual real expenses incurred by him or her, submit the necessary receipts, vouchers or any other proof in support of his or her expenses to the Central Authority of the Republic, whose decision regarding the amounts payable in terms of this regulation is final.
Where an application for the return of a child has been successful, the state may recover from the applicant the expenses incurred or to be incurred in bringing about the return of the child.
Where an application for the return of a child or for the right of access to a child has been successful and no order was made against the respondent to pay any of the expenses or costs incurred by or on behalf of the applicant, the State may recover those expenses or costs from the respondent.
Any expenses or costs recovered by the State in terms of subregulation (1) or (2) shall accrue to the National Revenue Fund.
Where an application for the return of a child or for the right of access to a child has been successful and an order was made against the respondent to pay any of the expenses or costs incurred by or on behalf of the applicant, those expenses, costs or fees shall accrue to the National Revenue Fund.
Proceedings for the return of a child under the Hague Convention must be completed within six weeks from the date on which judicial proceedings were instituted in a High Court, except where exceptional circumstances make this impossible.
the transcript of the judgment and its approval must be sent to the Central Authority of the Republic without delay.
Where an application has been made to a High Court by the Central Authority of the Republic under the Hague Convention, that Court may, at any time before the application is determined, give any interim direction that it deems fit in order to regulate any aspect of the progress of an application under the Hague Convention and to ensure the welfare of the child in question and to prevent any changes in the circumstances relevant to the determination of the application.
A High Court may, on an application made for the purposes of Article 15 of the Hague Convention by any person appearing to that Court to have an interest in the matter, make a declaration that the removal of any child from, or his or her retention outside the Republic, was wrongful within the meaning of Article 3 of the Hague Convention.
For the purposes of Article 14 of the Hague Convention a decision or determination of a judicial or administrative authority of a country outside the Republic may be proved by a duly authenticated copy of the decision or determination and any document purporting to be such a copy is deemed to be a true copy, unless the contrary is shown.
For the purposes of subregulation (1), a copy is duly authenticated if it bears the Seal of that country, or is signed by a judge or an officer of the authority in question.
For the purposes of Articles 14 and 30 of the Hague Convention, any document as is mentioned in Article 8 of the Hague Convention, or a certified copy of any such document, is sufficient evidence of anything stated in it.
Where in proceedings for the return of a child there is no adequate information available regarding the whereabouts of the child, the High Court may order any person whom it has reason to believe may have relevant information, to disclose it to the Court.
A person may not be excused from complying with an order under subregulation (1) by reason that to do so may incriminate him or her or his or her spouse.
dispense with production of the documents.
Subject to subregulation (2), a respondent must file and serve on the parties a response to an application within five days, beginning with the date on which the application is served.
A High Court may direct a period longer than that provided for in subregulation (1) for service where the respondent has been made a party if he or she appears to that Court to have sufficient interest in the welfare of the child.
The applicant may, within five days, beginning with the date on which a respondent's response is served on him or her, file and serve a statement in reply.
A High Court may not adjourn court proceedings to give effect to the Hague Convention for more than 15 days at any one time.
the details of the person to whom the child should be returned if he or she is intercepted.
the consent of the other parent, guardian or person with parental responsibility.
remain on that list for four weeks, after which it may be removed, unless a further request of a similar nature is made.
notify the Department of Home Affairs in every case in which the surrender of a South African passport has been ordered, to prevent the re-issue of such a passport.
(a) A court is a court or record and proceedings before it in terms of section 57 of the Act must be recorded verbatim, in narrative form or by mechanical means.
Despite paragraph (a), a court must, in respect of each matter before it, record the information indicated in Form 17 of the Annexure in so far as it is applicable.
The record of proceedings includes any judgment handed down or ruling or order made by the court, any viva voce evidence given in court, any exception taken or objection made to any evidence received or tendered and the proceedings of the court generally, including the addresses of any of the parties or the record of any inspection in loco.
The court must mark each document submitted as evidence and note that mark on the record.
Rule 30(5) to (12) of the Rules of Court made under the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), applies with the changes required by the context and in so far as it is applicable in respect of the transcription of any court records and copies thereof.
a period of three years after a contribution order was made, in the case of records relating to contribution orders.
under the supervision of the clerk.
Any person, other that a party to the proceedings, may in writing apply to the presiding officer of the court where the matter was dealt with, to have access to the record of proceedings, stating reasons why access should be granted.
against payment of the amount, as amended from time to time, prescribed in terms of section 7 of the Magistrates' Courts Act, 1944 (Act No.
for the purpose of publishing a report on the proceedings in a publication which is intended to be read mainly by social workers, probation officers, medical practitioners, dentists, child and youth care workers, nurses, psychologists, educationists, lawyers, criminologists, jurists or members of any other relevant profession.
Each regional head must, when preparing quarterly reports on the Implementation of the Medium Term Strategic Framework of the Department (MTSF), include in his or her implementation report, on a form which corresponds substantially with Form 18 of the Annexure, statistics as indicated in Form 18.
The Director-General must, as soon as possible after receipt of the reports referred to in subregulation (1), consolidate the statistics in question and make them available to the Magistrates Commission in accordance with Form 18 of the Annexure.
The remuneration paid to persons not in the employ of the state as provided for in section 75(1)(j) of the Act must be paid by the state if the person acted by direction of the court.
The remuneration provided for in subregulation (2) is payable for the full period for which the person referred to in subregulation (1) is absent from his or her residence or place of sojourn.
In calculating the period of absence for purposes of subregulation (2), a person referred to in subregulation (1) is allowed 24 hours for each distance of 300 kilometres or part thereof travelled.
The remuneration provided for in subregulation (2) is not payable if the fare of a person referred to in subregulation (1) includes the cost of meals and accommodation.
has approved that the person may make use of air transport.
On satisfactory proof having been produced, a person referred to in subregulation (1) is entitled to be reimbursed for his or her reasonable actual expenses incurred in respect of parking and toll fees.
A magistrate's court manager may, at the written request of a person referred to in subregulation (1), and on receipt of satisfactory proof from that person that he or she has suffered loss of earnings as a result of his or her assistance in a matter as provided for in section 49, 50, 62, 69, 70 or 71 of the Act, by direction of a court, order that the person be paid an amount equal to the actual loss of earnings he or she suffered, but not exceeding R2 500 per day, in addition to any other amount to which he or she is entitled under this regulation.
If a person referred to in subregulation (1) is required to submit a professional report to the court, he or she is entitled to an amount determined by the magistrate's court manager, which may not exceed R500.
The Director-General may authorise a deviation from the amounts provided for in subregulations (8) and (9), on the written request of a person referred to in subregulation (1), supporting his or her request by proof, to the satisfaction of the Director-General.
The remuneration paid to a person not in the employ of the state as provided for in section 75 (1)(j) of the Act must be paid by a party if the person acted at the request of that party, which amount will be an amount agreed upon by the party and the person not in the employ of the state.
the reasonable actual expenses incurred for meals on submission of proof of the expenses to the satisfaction of the court manager.
A clerk must, at the request of the presiding officer of the court, issue a summons on a form which corresponds substantially with Form 12 of the Annexure, calling on a respondent to appear before the court at a time and place stated in the summons in order to show cause why a contribution or attachment of wages order should not be made against him or her, as provided for in section 161 of the Act.
A notice of an application by a presiding officer of the court for the variation, suspension, rescission or revival of a contribution or attachment of wages order shall be on a form which corresponds substantially with Form 13 of the Annexure and must be duly served on the respondent.
An application by a respondent for the variation, suspension, rescission or revival of a contribution or attachment of wages order shall be made on a form which corresponds substantially with Form 14 of the Annexure, and shall be lodged with the clerk or the presiding officer of the court, as the case may be.
A contribution order or a provisional contribution order shall be made on a form which corresponds substantially with Form 15 of the Annexure, and a certified copy thereof shall be handed to the respondent or be sent to him or her by registered mail.
the social worker involved in the case.
served or submitted in any other manner as directed by a presiding officer of the court.
with a contribution order shall be made on a form which corresponds substantially with Form 16 of the Annexure and a certified copy thereof shall be handed to the respondent or be sent to him or her by registered mail by the clerk.
A court may, upon the application by any person affected by a decision of that court, or of its own accord, correct patent errors in any ruling in respect of which no appeal is pending.
Any person who submits false information, fails to submit any information if so required, or who does not adhere to a direction in terms of a provision of these Regulations is guilty of an offence and is on conviction liable to a fine or to imprisonment for a period not exceeding twelve months or to both such fine and imprisonment.
These regulations are called the Regulations relating to Children's Courts and International Child Abduction, 2010 and shall come into operation on 1 April 2010.
No: R. 250 Title: Children's Act (38/2005): Regulations relating to children's courts Page 19 of 47 1.
Affidavits of other persons or other documentary evidence in support of the matter must be attached.
Your attention is drawn to the fact that the children's court may adjudicate the matter, refer the matter for mediation to a lay-forum or refer the matter for a family group conference. If the matter is referred back to the children's court the clerk will inform you accordingly.
[If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
Child 1 ID. No.
(If the addresses are not the same for each child please indicate the addresses on a separate Page.
(If the numbers are not the same, for each child please indicate the numbers on a separate page.
(such as financial position, availability of transport, socio-economic status, if an interpreter will be needed and if special requirements are needed e.g.
ID. No.
Capacity of person acting in terms of section 53(2)(b)-(e).
Nature of matter brought to court: (Please give full details of the matter e.g., registration/amendment of parenting plans, removal of child to safe care, children in need of care and protection, placement in youth care centers, adoption etc.
attendance until its conclusion or until excused by the court.
You must bring the said child (ren) before the court at the abovementioned time and place, except if otherwise directed.
order you to pay any costs.
Should legal representation be required it is recommended that this be arranged timeously.
You must ensure that all your witnesses are present at the proceedings of the hearing. If you wish any witness to be subpoenaed by the court, you are requested to submit full particulars of the witnesses (i.e. full names, identity numbers and physical addresses) to the clerk of the court, within fourteen days before the date of the hearing. The costs of the service of the subpoena of any witness will be borne by the person who requests the subpoena unless, in exceptional cases, the court directs that the state bears such costs.
hear the matter.
*affixed/placed a copy of the notice to/in the *outer/principal door/security gate/post box of the *residence/place of employment/place of business of , since he/she prevented the service by keeping his/her *residence/place of employment/place of business closed.
Designation (rank) Ex Officio Republic of South Africa.
Hereby refer the matter in terms of section *70/71 of the Children's Act, 2005 (Act No.
(name, address, tel.
In the matter of an inquiry in terms of section 59 of the Children's Act, 2005 (Act No.
The presiding officer of the court of the court.
The child or a person whose rights may be affected by an order of the court.
The legal representative of a person referred to in (b).
· A person subpoenaed by the court and who complies with the subpoena is entitled to witness fees from state funds.
· A person subpoenaed at the request of the child or a person whose rights may be affected by an order of the court, or the legal representative of the child or a person whose rights may be affected by an order of the court, is not entitled to witness fees from state funds, except if the presiding officer of the court so orders.
· If you fail to obey this subpoena, a warrant for your arrest may be issued and, unless you can satisfy the court that your failure was not due to fault on your part you may be sentenced to a fine or to imprisonment.
*affixed/placed a copy of the subpoena to/in the *outer/principal door/security gate/post box of the *residence/place of employment/place of business of , since he/she prevented the service by keeping his/her*residence/place of employment/place of business closed.
D.S. Ref No.
The estimate was made in terms of section 48(2) of the Children's Act, 2005 (Act No 38 of 2005) for the purposes of *a children's court inquiry/adoption proceedings where such age is a relevant fact. The confirmed age was based on sufficient evidence available.
This document is not an official birth certificate.
[Regulation 11] File No.
To carry out an investigation or further investigation that may assist this court in deciding the matter at hand as provided for in section 50 of the Children's Act, 2005 (Act No.
To furnish this court with a report and a recommendation as provided for in regulation 11 (5) of the Regulations relating to Children's Courts and International Child Abduction, 2009 within the period as specified in regulation 11 (6) of the Regulations relating to Children's Courts and International Child Abduction, 2009.
No: R. 250 Title: Children's Act (38/2005): Regulations relating to children's courts Page 33 of 47 No: R.
YOU ARE HEREBY summonsed to appear before this court, and to bring proof of your income, at (time) on the day of to show cause why a *contribution order/ attachment of wages order should not be made against you in terms of section 161 of the Children's Act, 2005 (Act No.
on the grounds set out in the particulars endorsed hereunder.
If you fail to obey this summons to attend the hearing or to remain in attendance during the hearing, the court may issue a warrant for your arrest and in a summary manner inquire into your failure to attend or remain in attendance and, unless you satisfy the court that your failure was not due to fault on your part, sentence you to a fine or to imprisonment.
*affixed/placed a copy of the summons to/in the *outer/principal door/security gate/post box of the *residence/place of employment/place of business of , since he/she prevented the service by keeping his/her*residence/place of employment/place of business closed.
If you fail to obey this notice to attend the hearing or to remain in attendance during the hearing, the court may issue a warrant for your arrest and in a summary manner inquire into your failure to attend or remain in attendance and, unless you satisfy the court that your failure was not due to fault on your part, sentence you to a fine or to imprisonment.
*affixed/placed a copy of the notice to/in the *outer/principal door/security gate/post box of the *residence/place of employment/place of business of , since he/she prevented the service by keeping his/her*residence/place of employment/place of business closed.
After hearing the evidence adduced and the court being satisfied that a contribution order has to be made against the said respondent in terms of section 161 of the Children's Act 2005 (Act No.
The said respondent must in terms of section 166 of the Children' Act, 2005 (Act No. 38 of 2005) without delay give notice in writing to the clerk of the children's court of any change in his or her residential address or place of work, failing which he or she shall be liable on conviction to a fine or to imprisonment for a period not exceeding twelve months or to both such fine and imprisonment.
A contribution order for R per *week/month has been made against (full name of respondent) in terms of section 161 of the Children's Act, 2005 (Act No. 35 of 2005), for the maintenance of * his/her child(ren).
No of children placed into foster care.
Parental rights and responsibilities: No.
No. of family group conferences held.
No. applications made to the children's court to have a PRR agreement made an order of court No. of applications made to the children's courts to amend/terminate a PRR agreement No. of applications made for assignment of care or contact No. of applications made by a biological father to have paternity confirmed: No. of applications made for the termination/extension/ suspension/restriction of parental rights and responsibilities No of applications made to have parenting plan made an court order. No. of applications made to amenttoeimtnate parenting plan-No.
<fn>GOV-ZA.20100331gg33067noticer251childjusticeEn.2012-02-10.en.txt</fn>
Until such time as the Director-General has appointed a designated probation officer, any probation officer in the province where the police station is situated, may receive the notices referred to in paragraph (a) and carry out the obligations conferred upon a designated probation officer in terms of these Regulations.
The Director-General: Social Development must, if a designated probation officer can no longer carry out the obligations of a designated probation officer, designate another probation officer for the purposes referred to in paragraph (a).
the implications if the child fails to comply with an obligation imposed in terms of section 9 of the Act.
A police official must inform the person who is to receive the child at the child and youth care centre of the reasons why the child was not handed over to his or her parents, appropriate adult or guardian.
A police official must notify the designated probation officer of the handing over of a child in terms of section 9(1) of the Act by handing or faxing a copy of the information note referred to in regulation 3(10) to the designated probation officer.
Referral of child under the age of 10 years to children's court of the Act in writing on a form which corresponds substantially with Form 1 of the Annexure.
submit a copy of Form 1 and the documents referred to in subregulation (1)(b) to the child and youth care centre if the child was handed to the centre.
The probation officer who referred a child for counselling or therapy must request the person or institution providing counselling or therapy to submit to the probation officer reports on the child's progress and compliance with the decision on the dates specified by the probation officer.
The probation officer must attach to Form 1 all relevant documents used in the assessment of the child, including the assessment report referred to in section 40 of the Act.
The person or institution providing the programme must record the progress made by the child for the purposes of compiling reports in terms of subregulation (3).
The probation officer must maintain contact with the child in order to be able to assess and evaluate the outcome of the programme and the child's compliance with the decision.
The probation officer must, after the conclusion of the programme, if he or she is of the opinion that the child may be in need of care and protection, make the necessary arrangements for the child to be dealt with in terms of the Children's Act.
enquire about conditions, if any, for the rendering of the services.
subregulation (1), compile a database of the support services available in the area.
the name of the person who can be contacted; and the contact particulars of the person who is to be contacted.
inform the parents, appropriate adult or guardian that they must ensure that the child attends the support services arranged; and confirm the arrangements made in writing with the service provider who is to render the support services.
The probation officer must ensure that the support services commence at the earliest possible date.
The probation officer who arranged the support services for the child may request the person or institution rendering the support services to submit to the probation officer reports on the child's progress and compliance with the decision on the dates specified by the probation officer.
The person or institution rendering the support services must record the progress made by the child for purposes of compiling reports in terms of subregulation (6).
The probation officer must, for the duration of the support services, maintain regular contact with the child and the service provider in order to be able to assess the child's progress and compliance with the decision.
the contact particulars, including the telephone numbers and e-mail address; and the office hours.
An order by an inquiry magistrate or a child justice court in terms of section 11(3) of the Act for an evaluation of the criminal capacity of a child must correspond substantially with Form 2 of the Annexure.
The probation officer must make an estimation of the age of the child in terms of section 13(1) of the Act on a form which corresponds substantially with Form 3 of the Annexure.
The presiding officer at a preliminary inquiry or of a child justice court who refers a child for age estimation in terms of section 14(2)(d) of the Act, must do so in writing on a form which corresponds substantially with Form 4 of the Annexure.
the appropriate adult or guardian of the referral, if the child was handed to an the child and youth care centre of the referral, if the child was handed to a centre, if the contact particulars of the person in question are available.
The notification by the clerk of the child justice court must be done immediately after the referral in any manner and the clerk must ensure that any of the persons referred to in subregulation (2) receives the notice.
The medical practitioner who estimated the age of the child must complete Part C of Form 4 of the Annexure.
A police official, in determining a date on which a child must appear at a preliminary inquiry, must allow a reasonable period for the probation officer to assess the child before the child appears at the inquiry.
in a step-by-step manner; and taking into account the level of knowledge of the persons in respect of the functioning of the courts and the court procedures.
the name and contact particulars of the designated probation officer; and the name and age of the child.
reasons as to why the police official was unable to notify the parent, appropriate adult or guardian.
The police official must sign the notice to the designated probation officer.
submitted electronically; or to the designated probation officer.
A police official who notifies the designated probation officer electronically or by facsimile must ensure that the designated probation officer has received the notice.
full details of the attempts made to notify the designated probation officer, including the manner and time each attempt was made; and reasons as to why the police official was unable to notify the designated probation officer.
the reasons why the parent, appropriate adult or guardian was not available to receive the other person or himself or herself.
(a) The presiding officer must, if a child fails to appear on the date and at the time and place referred to in section 24(4) or (6) of the Act or to comply with any condition imposed in terms of section 24(4) of the Act, be notified of the failure by way of an affidavit which must be accompanied, where appropriate, by supporting documents.
electronically; or by facsimile, to the investigating police official or the clerk of the child justice court to be handed to the presiding officer, together with the court documents.
ensure that the investigating police official or the clerk of the child justice court has received the document; and forward the original document by registered post or hand it to the clerk of the child justice court to be attached to the court documents.
(a) A complaint or observation about an injury sustained or severe psychological trauma suffered by a child referred to in section 28(2) of the Act must be recorded in writing in the form of a report.
or observation with a consecutive number for the year.
The person who lodged the complaint or the police official who made the observation must affix his or her signature next to the particulars, referred to in paragraph (d), which have been recorded in the register.
The police official who recorded the complaint or observation in the register must hand the report to the station commissioner and record the date on which it was done in the register.
The station commissioner must, on receipt of the report, investigate the complaint or observation and make the necessary arrangements for appropriate medical treatment, if satisfied that the circumstances referred to in section 28(2)(a) of the Act exist.
full details of a sexual offence as defined in section 1 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007(Act No.
if the child did not receive medical treatment, the reasons why; and any action taken or recommendation made regarding the circumstances surrounding the injury or severe trauma.
the physical and psychological condition of the child, as observed by a police official, at the time of arrest; and the names, addresses and telephone numbers of the parents or next of kin, if known.
reasons for referring the child back to the presiding officer.
A person referring a child back to court must attach to the referral a copy of the court order relating to the placement of the child.
hand to a police official the written referral, referred to in subregulation (1).
The written referral must be handed to the presiding officer when the child appears before the presiding officer.
protect the child, where the child was transported with adults.
A written report may be submitted in any manner to the presiding officer having regard to the period of 48 hours within which it must be submitted.
The probation officer must conduct the assessment in an atmosphere conducive to participation of the child and his or her parent, the appropriate adult or guardian and elicit the views of the child.
The probation officer must, in ensuring a conducive atmosphere for participation, consider all possible venues for the assessment as referred to in section 37 of the Act, including the place of residence of the child or the child and youth care centre where the child has been placed.
The child should be treated with care and understanding.
A certificate of accreditation of a diversion programme referred to in section 56(2)(e) of the Act must correspond substantially with Form 8 of the Annexure.
The panel must consist of not less than three and not more than seven members but at least one member must be an independent person.
A copy of the final report must be submitted to the diversion service provider in question.
The clerk of the child justice court must, on receipt of Form 9, obtain the court documents and place the matter before the magistrate, inquiry magistrate or the child justice court, as the case may be.
The clerk of the child justice court must, on receipt of Form 9, submit to the official designated in terms of regulation 35,a certified copy of the form.
The prosecutor may clarify any aspect of the report with or obtain further information from the probation officer or the identified person.
(a) The Director-General: Social Development must designate an official to make entries in, update and maintain the register of children in respect of whom a diversion order has been made as referred to in section 60(1) of the Act.
Form 10 must be filed in accordance with the general prescripts applicable to official documents.
The register must be examined in the presence of the designated official.
A person who has examined the register must treat the information obtained as confidential.
in a manner appropriate to the age, maturity, stage of development of the child and the special needs of the child.
allow a person from the community, an organisation or the community police forum to nominate himself or herself to serve as an independent observer.
The magistrate, if he or she has reason to believe that a person whose name is to be enrolled on the list of independent observers in terms of paragraph (b), is not a suitable person, must inform the person in question and obtain further information from him or her.
The magistrate may, if he or she still believes that the nominated person is not a suitable person after having complied with paragraph (c), refuse to enrol the name of the person on the list of independent observers.
A magistrate who has refused to enrol the name of a person on the list of independent observers, must record the reasons for the refusal and give reasons for the refusal when requested by the person involved.
In the event of a shortage of persons to be appointed as independent observers, the magistrate of the district must invite further nominations in the manner referred to in this regulation.
40 (1) The presiding officer must, for the purposes of appointing an independent observer in terms of section 65(6) of the Act, consider the names of the persons whose particulars appear on the list and select from that list the person best suited to assist the child.
The last progress report must be provided to the child justice court within seven days after the date on which the child has complied with the order.
The probation officer must, if the child justice court fails to give the directions referred to in subregulation (1)(a), provide to the child justice court a progress report within seven days after the date on which the conditions of the sentence have been complied with; and whenever the probation officer deems it necessary, taking into account the period of the sentence imposed, the nature of the offence, the extent to which monitoring of the child's compliance is required and the date on which the last progress report must be provided in terms of subregulation (1)(b).
In compiling a progress report, the probation officer must have regard to the information referred to in paragraphs (b) and (c).
The progress report must be submitted to the clerk of the child justice court in question in the manner provided for in regulation 35(4)(b) and (c).
The clerk of the child justice court must, on receipt of the progress report, attach the report to the case record and place it before the presiding officer who imposed the sentence.
The presiding officer must direct the clerk of the court how to deal with the matter and, in the case of a child who has failed to comply with a sentence referred to in section 79 of the Act, indicate the date on which the child must appear before the child justice court for an inquiry.
The probation officer must, where applicable, attach supporting documents.
A report referred to in section 76(3) the Act by the head of the child and youth care centre to which a child has been sentenced must correspond substantially with Form 12 of the Annexure.
The head of the child and youth care centre must ensure that the views expressed on the issues referred to in section 76(3)(b) of the Act provide the presiding officer with sufficient detail.
Form 12 must be submitted in a manner referred to in regulation 35(4)(b) and (c).
in the cabin of a vehicle and not in the back.
The person responsible for transporting the child must, when a long distance has to be travelled to the centre, ensure that the child is allowed reasonable breaks and has access to water, food and, if necessary, overnight accommodation.
The person responsible for the transporting of the child must at all times ensure that he or she has proper control over the child without humiliating the child in public.
The clerk of the child justice court must ensure that the report referred to in regulation 44 is received within the period referred to in paragraph (a).
The probation officer must provide the child justice court with a report on the failure of a child to comply with a sentence referred to in section 79(1) of the Act within seven days after becoming aware of the child's failure.
present evidence that will be in the best interests of a child; or assist in any other manner as the court may request.
A legal representative may attend the proceedings of a preliminary inquiry if so requested by the inquiry magistrate.
Application for expungement of conviction and sentence section 87(1)(a) of the Act to the Director-General: Justice and Constitutional Development; or section 87(3) of the Act to the Cabinet member responsible for the administration of justice, for the expungement of a conviction and sentence must correspond substantially with Form 13 of the Annexure.
The applicant must attach to Form 13 a certified copy of his or her criminal record obtained from the Criminal Record Centre of the South African Police Service, indicating the date of the conviction and the sentence, and the type of offence convicted of.
An official of the Department of Justice and Constitutional Development who has been designated to deal with applications relating to the expungement of convictions and sentences in terms of the Act may, if the information in Form 13 is inadequate or not clear, request further information from the applicant or any organ of state.
of the remedies available to the applicant in terms of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000).
The Director-General must, if he or she is satisfied that the child complies with the criteria set out in section 87(1) of the Act, issue a certificate of expungement which corresponds substantially with Form 14 of the Annexure.
An applicant to whom a certificate of expungement has been issued in terms of section 87(2) of the Act must hand, or submit by registered post, the certificate to the Head of the Criminal Record Centre of the South African Police Service.
Regulation 50(1), (4), (5) and (7) applies in respect of the consideration of an application by the Cabinet member responsible for the administration of justice in terms of this regulation, with the necessary changes required by the context.
and specify a date on or before which the applicant may respond to the Cabinet member on the information submitted.
The Director-General must record in writing his or her decision relating to the expungement of the diversion order.
The designated official referred to in regulation 35(1) must, if the Director-General has decided to expunge the record, remove the child's particulars from the diversion register and archive all documents relating to that child.
The designated official must, within 15 working days after having removed the child's particulars from the diversion register, inform the child of the expungement.
The probation officer must, upon compliance by the child with the obligations imposed on the child in terms of section 9, inform the Director-General or a person designated by him or her of the particulars of the child's compliance.
The Director-General or a person designated by him or her must, on receipt of the information from the probation officer in terms of subregulations (1), (2) and (3), record the information in the register referred to in section 97(6)(a) of the Act, and file any document so received in the personal file of the child.
a member of the Intersectoral Committee established in terms of section 94 of the Act.
hand Form 10 to the Director-General: Social Development or the person designated by him or her; and identify himself or herself, if requested to do so by the Director-General or designated official.
ensure that the decision is communicated immediately to the person making the request.
by facsimile; or electronically, unless these Regulations provide otherwise.
SECTION 9(3)(a)(i), (ii) AND (iii) OF THE CHILD JUSTICE ACT, 2008 (ACT NO.
[Regulations 5, 6 and 7] Ref/File no.
After having assessed the above-mentioned child, I have decided to refer him or her for counselling/therapy for the reasons set out in the attached assessment report referred to in section 40 of the Act.
The child must receive counselling/therapy for the period of , or until.
with the decision* (Specify how often).
the Director-General: Social Development on the child's compliance with the decision.
The child must attend the programme for a period of , or until.
You are ordered to evaluate the criminal capacity of ; and to provide the court with a written report on the evaluation within 30 days of this order.
Since there is uncertainty as to the age of the child mentioned above, the child is referred to you in terms of section 14(2)(d) of the Child Justice Act, 2008 for an estimation of age.
I am responsible for the management of Child and Youth Care Centre.
I confirm that this Centre has capacity to accommodate children and at present the Centre is accommodating children. The Centre is accordingly (Tick the appropriate box) _ in a position to accommodate the above-mentioned child. _ not in a position to accommodate the above-mentioned child.
Do you have any objection to taking the prescribed oath?
Do you consider the oath to be binding on your conscience?
declaration are true, so help me God"/ "I truly affirm that the contents of the declaration are true". The signature/thumb print/mark of the deponent was placed thereon in my presence.
Mr/Ms , in his/her capacity as will monitor your compliance with the order and report back.
You are ordered to spend at least hours per week /month with your family.
(iv) This order will apply from the date of this order until Mr/Ms , in his/her capacity as , will monitor your compliance with this order and report back.
Mr/Ms will monitor your compliance with this order and report back.
Your failure to comply with the order may result in a warrant being issued for your arrest.
You are required to immediately contact and meet with Mr/Ms , at , to develop a supervision and guidance plan. The supervision and guidance plan must include the following: · details of the sessions; (number, times and place) · objectives to be achieved; and · responsibilities.
Mr/Ms will act as your mentor and assist you to achieve the objectives of the plan. Mr/Ms will monitor your compliance with the order and report back.
Reg No: Accreditation Certificate No: is an accredited diversion service provider to provide diversion programmes, provided that the service provider continues to comply with the minimum standards referred to in section 55 of the Act.
an accredited service provider, Accreditation Certificate No.
Note Copies of section 87 and Schedules 1, 2 and 3 of the Act are available at every magistrate's office and on the Department's website at: http://www.doj.gov.za. Before submitting this application form you must obtain a copy of your criminal record from the Criminal Record Centre of the South African Police Service. Any police station may assist you in this regard. Attach the copy of the criminal record to this application form.
Mark appropriate box with X _ A period of 5 years has elapsed after the date of conviction of a Schedule 1 offence. _ A period of 10 years has elapsed after the date of conviction of a Schedule 2 offence Have you been convicted of an offence during the period mentioned above _ Yes _ N?
I certify that the information provided in this form is to the best of my knowledge true and correct.
Acting in terms of section 87(2) of the Child Justice Act, 2008 (Act No.
Acting in terms of section 87(3) of the Child Justice Act, 2008 (Act No.
The second issue reported on is the administration of Grade 12 examinations at the end of the 2002 school year. This is important, as members of the public have tended to measure the performance of the education system on the basis of Grade 12 results.
The report on all these issues gives assurance that the education system is improving form year to year despite the challenges that it faces. I should commend the Deputy Minister of Education and Members of the Executive Council responsible for education in the provinces for their cooperation and effort in handling this enormous task, their officials, and national officials without whose effort this work would not have been possible.
the procurement and distribution of learning support materials for the opening of schools in January 2003; and the filling of posts at Regional/District Level and school level.
The report on the development of school infrastructure responds to your State of the Nation address at the opening of Parliament in February 2002. It presents an analysis of the Provincial Education Capital Investment over the period from 1998/99 to 2004/05 financial years. It also presents an analysis of the school infrastructure backlogs based on the School Register of Needs and then compares the MTEF budget allocations with the cost of providing absolute basics by province. The percentages by province are: Eastern Cape - 46%; Free State - 52%; Gauteng - 175%; KwaZulu-Natal - 61%; Limpopo - 30%; Mpumalanga - 35%; Nortern Cape - 38%; North West - 38% and Western Cape - 52%.
The report thereafter presents the information on the actual number of schools, toilets built and provision of water from 1999/00 to 2001/02 financial years. The number of classrooms built in the period is: 1999/00 - 1936, 2000/01 - 2267 and 2002/02 - 2660. In the same period the number of toilets built are: 1999/00 - 1345, 2000/01 - 1211 and 2002/02 - 4173. The number of schools provided with water in the same period is: 1999/00 - 252, 2000/01 - 253 and 2002/02 - 181.
After the State of the Nation Address the Minister of Education requested provincial departments of education to submit business plans for school infrastructure development for the next MTEF cycle. These have been analysed to give information for the period 2002/03 to 2004/05. According to the plans the rate at which the infrastructure will be improved has increased compared to the period 1999/00 to 2001/2. The number of classrooms that will be built in the period is: 2002/03 - 3750, 2003/04 - 4330 and 2004/05 - 4748. In the same period the number of toilets to be built is: 2002/03 - 6562, 2003/04 - 6909 and 2004/05 - 7473.
Learners within overcrowded classrooms.
Further analysis, based on information from the 2000 School Register of Needs, shows that a total of 2050 classrooms will be required to address the above situations. The numbers by province are: Eastern Cape - 223, Free State - 140, Gauteng - 279, KwaZulu-Natal - 430, Limpopo - 397, Mpumalanga - 231, Northern Cape - 53, North West - 193 and Western Cape 104. At an average cost of R100 000-00 for building a classroom and amount of R20,5 million will be required. From an analysis of provincial budgets it seems possible to eliminate situations where learners receive education under highly unacceptable conditions. The figures have recently been provided to the Council of Education Ministers with a request that they should prioritise the elimination of unacceptable conditions under which learners are receiving education.
Each community was given a budget of R5.3 million to upgrade existing facilities and to develop new infrastructure. The programme is also making a contribution towards providing skills training to local communities through sub-programmes run by the Department of Labour and the Department of Agriculture. The Department of Health assists with HIV/AIDS training sub-programmes. It is envisaged that the school facilities will be used to continue the skills training sub-programmes.
The international community continues to make substantial contributions towards the development of school infrastructure.
The USAID assistance of R35 million for the reconstruction of flood-damaged schools in Limpopo was completed in 2002. Through this assistance 30 flood-damaged schools were renovated and upgraded. The programme provided and repaired classrooms, administrative areas and teacher facilities. Schools were provided with furniture as well as adequate sanitation facilities.
A total amount of R 105,71 million was received since 1998/1999 for this building programme. The European Union further funded Eastern Cape School Building programme, by approximately R 65 million for the remaining work to replace tornadodamaged mud-structure school facilities. Completion of the programme is expected by the end of December 2002.
Involvement of a delivery vehicle in an accident in KwaZulu-Natal.
None of these incidents compromised the integrity of the examinations. Provincial departments have handled the incidents appropriately. Plans to release the results on 27 December 2002 are proceeding according to schedule.
The situation in nodal areas has improved. Most of the principals are in posts. There are still vacancies to be filled.
"We must ensure that enough classrooms are built in the shortest possible time to ensure that no students have to learn under trees or in the open air. The provision of enough classrooms and basic furniture, equipment and learning materials and the availability of water and toilets at all our schools are necessary to bring about fairness to all students. It is also important that each teacher should have a classroom to ensure that no classes are held under trees or that learners are crammed into available classrooms. A shortage of classrooms makes it impossible for schools to use their teachers appropriately and it leads to unpleasant learning and teaching conditions, sometimes even conditions which makes learning and teaching almost impossible."
The report presents an analysis of the provincial capital investment business plans for the period 2002/03 to 2004/05, an analysis infrastructure backlogs, and highlights progress made in addressing school infrastructure backlogs.
Whereas education capital budgets were on average R480 million during the period 1998/99 to 2000/01, drastic increases in allocations were made for the current MTEF period. These increases are evidence of Government's commitment to improving school infrastructure delivery and to addressing school infrastructure backlogs.
1.1 and Figure 1.1 show the increases in education capital budgets from 1998/99 to 2004/05.
Free State 116 59 144 155 206 142.8% 51.
Gauteng 253 191 405 503 519 112.4% 39.
KwaZulu-Natal 265 307 520 775 822 69.2% 38.
Limpopo 112 97 238 287 330 146.1% 50.
Mpumalanga 97 93 150 164 178 61.3% 24.
Northern Cape 2 2 12 17 19 428.1% 102.
North West 91 62 115 145 165 84.9% 38.
Western Cape 55 51 20 20 21 -61.8% -26.
The above information also shows a marked increase of the growth rates of the infrastructure budgets.
The Department of Education has done a crude backlog analysis based on the School Register of Needs 2000 database. All facilities provided since 2000 were deducted from the backlogs as recorded in 2000. The analysis is somewhat crude, since more detailed analyse should be done on a school-by-school basis. The estimated costs were based on the average costs to provide the various infrastructure components indicated in the Provincial Education Capital Business Plans for the 2002/03 to 2004/05 MTEF periods and are shown in Table 1.2.
Free State 126,400,000 74,700,000 167,265,000 557,600,000 47,500,000 639,600,000 142,200,000 459,000,000 169,400,000 74,880,000 1,029,000 2,459,574,000 8.
Gauteng 197,300,000 12,800,000 240,885,000 47,600,000 54,750,000 320,100,000 115,700,000 234,000,000 66,400,000 9,620,000 94,000 1,299,249,000 4.
KwaZulu-Natal 957,800,000 168,700,000 616,905,000 758,000,000 569,250,000 1,372,200,0 00 281,800,000 1,422,000,000 515,800,000 211,185,000 1,863,000 6,875,503,000 22.
Limpopo 773,500,000 157,100,000 544,215,000 864,800,000 617,000,000 1,225,800,0 00 171,900,000 1,176,750,000 351,400,000 135,590,000 2,166,000 6,020,221,000 20.
Mpumalang a 602,700,000 66,300,000 231,705,000 147,600,000 113,500,000 460,200,000 70,600,000 415,500,000 117,200,000 57,785,000 875,000 2,283,965,000 7.
North West 139,500,000 37,700,000 204,975,000 235,600,000 81,500,000 564,600,000 111,900,000 629,250,000 145,800,000 53,170,000 983,000 2,204,978,000 7.
Western Cape 88,300,000 12,500,000 16,815,000 35,200,000 79,750,000 200,100,000 90,200,000 242,250,000 70,200,000 4,680,000 1,344,000 841,339,000 2.
The provincial percentage share of the MTEF education capital budget compared to the provincial share of the backlogs is shown in Figure 1.3.
Figure 1.3 shows that in all provinces except Limpopo, the allocations made for education capital developments and maintenance are in line with the share of the backlogs. In Limpopo the percentage share of the MTEF budget (11,4%) is much lower than Limpopo's share of the backlogs (20,1%). There is thus room for improvement in the allocation made for education capital investments for the Limpopo Province. Gauteng made a very favourable allocation for education capital investments (19% of the total MTEF education capital budget) compared to their share of the backlogs (4,3%). This is largely influenced by Gauteng's programme to install computers in all their schools.
In order to address very basic infrastructure backlogs including classrooms, water, sanitation as well as renovations of dilapidated school buildings, the budgets needed per province are given Table 1.5 5.
Eastern Cape 25.1% 21.2% 1592 3399.2 46.
Free State 8.0% 6.7% 505 969.6 52.
Gauteng 5.6% 19.0% 1427 800.7 178.
KwaZulu-Natal 22.8% 28.1% 2117 3447.2 61.
Limpopo 18.7% 11.4% 855 2823.5 30.
Western Cape 3.7% 0.8% 233 450.1 13.
Even if the full MTEF budgets were used to address these basic backlogs, only the Western Cape and Gauteng would be able to fully eliminate all these backlogs. The MTEF budgets of the other Provinces would only enable them to address a small percentage of their basic backlogs should they direct their full MTEF budgets to classrooms, water, sanitation and renovations. Selecting schools without electricity and then calculating backlog costs shown in Table 1.6 and Figure 1.5 illustrate the point.
<fn>GOV-ZA.20100331gg33067noticer252childjusticeEn.2012-02-10.en.txt</fn>
The National Director of Public Prosecutions has, under section 97(4) of the Child Justice Act, 2008 (Act No. 75 of 2008), and in consultation with the Cabinet member responsible for the administration of justice, issued the directives in the Schedule.
A. Objectives of the Child Justice Act, 2008 (Act 75 of 2008).
The Child Justice Act, 2008 (Act 75 of 2008) (hereinafter referred to in this part as 'the Act'), effective as from 1 April 2010, provides for a criminal justice system that takes account of the vulnerability and special needs of children. The intention is for children in conflict with the law to be diverted from the criminal justice system when appropriate and for children not diverted to be dealt with in child justice courts. Children are to benefit from interventions, programs and sentencing options aimed at rehabilitation and reintegration in order to minimise the potential for re-offending whilst ensuring their responsibility and accountability for crimes committed.
B. Directives of the National Director of Public Prosecutions.
Section 97(4)(a) of the Act requires of the National Director, in consultation with the Minister of Justice, to issue directives regarding all matters which are reasonably necessary or expedient to be provided for in order to achieve the objectives of this Act. In particular the directives must address diversion, how errors regarding age are to be dealt with after diversion and the exceptional circumstances that must exist before diversion of a matter in the case of a serious offence.
In terms of section 97(4)(b) such directives must be submitted to Parliament for approval, before publication in the Gazette. The first directives are required to be submitted to Parliament before commencement of the Act.
C. Withdrawal of cases.
Care should be taken not to merely withdraw a case, where the best interests of the child call for some intervention.
It is important to note that the Act amends the common law regarding the age of criminal capacity. A child committing an offence while under the age of 10 years cannot be prosecuted for such offence because of the lack of criminal capacity. In practice, prosecutors will not deal with any child who committed an offence while under the age of 10 years. Such children must not be arrested. The police must notify a probation officer who will deal with the matter.
A child who is 10 years or older, but under the age of 14 is presumed to lack criminal capacity unless the State proves beyond a reasonable doubt that the child was able to appreciate the difference between right and wrong and was able to act in accordance with that appreciation at the time of the commission of the offence.
See also paragraphs L(1) and L(2)(b).
The decision to prosecute a child who is 10 years or older but under the age of 14 years must be carefully considered. The factors set out in section 10(1) of the Act must be taken into consideration when taking such a decision.
Where it is unlikely that it will be proved that the child had the necessary criminal capacity prosecutors should have the child referred to a probation officer to be dealt with in the same manner as children under the age of 10 years.
Where it is likely to be proved that the child had the necessary criminal capacity the prosecutor may consider diversion where the alleged offence is minor (see paragraph G below) or may refer the matter to a preliminary inquiry in terms of the Act.
Where the prosecutor deems it necessary to have the criminal capacity of a child evaluated, he or she should request the court to have it done by the category or class of persons determined by the Minister of Justice, e.g. a psychiatrist or clinical psychologist.
The diversion must be made an order of the court not abdicate this responsibility. They also have a duty to ensure that adequate conditions of diversion, commensurate with the crime committed, are imposed and should discuss appropriate and available options with the relevant probation officer (Sections 52 to 55 of the Act). With regard to Schedule 3 offences directives are provided for in Paragraph J.
Prosecutors are not required by the Act to provide reasons for a decision not to divert. The furnishing of reasons might compromise the presiding officer in any further proceedings and prosecutors should therefore be careful if reasons are nevertheless provided. Prosecutors should, however, record reasons for non diversion in the investigation diary of the docket.
The Act requires diversion programmes and diversion service providers to apply for accreditation and be accredited. Where use is made of a diversion programme and diversion service provider which existed before commencement of the Act, these may continue to operate until informed of the outcome of their application for accreditation.
Compliance must always be monitored by a probation officer or a suitable person and this person must be identified in the diversion order (section 57).
For purposes of informed consent, prosecutors should ensure that the victim is provided with sufficient information regarding the nature of such interventions and the right to refuse to participate.
Where the victim is a child, particular care must be taken and the consent of a parent, guardian or an appropriate adult should, in addition, be insisted upon as necessary.
These will seldom be suitable interventions in the case of a contact crime.
Unless pressing circumstances so require, for instance where the prosecutor is concerned about the victim or the latter so requests for good reason, it is not expected of prosecutors to attend the conference.
All efforts must be made to establish whether the child has previously been diverted. A diversion may still be considered despite a previous diversion or the existence of a previous conviction if the child will benefit from the proposed programs and if the child, all circumstances taken into account, should be afforded another such opportunity. Diversion is not suitable if it brings the administration of justice into disrepute. If unsure whether a certain decision will bring the administration of justice in disrepute or not, prosecutors should require the guidance of the DPP.
The views of victims and investigating officers must be considered in respect of Schedule 2 and 3 offences. Whenever possible, such views should also be obtained and considered in respect of Schedule 1 offences. Although prosecutors are not bound by these views, it should be kept in mind that the victim/person affected has no redress by way of a private prosecution once a diversion has been ordered (section 59(2)).
When a child has successfully complied with a diversion order a compliance report must be furnished to the prosecutor (section 57(5)). A copy of this report should be given to the clerk of the court and a copy filed in the docket.
In the event of non-compliance due to the child's fault, section 58(4) applies. The degree of non-compliance and the recommendation by the probation officer should inform the decision whether to proceed with prosecution or to impose more onerous diversion options. The latter must also be made an order of court.
Although a successful diversion does not constitute a previous conviction, no prosecution may be instituted following a successful diversion (section 59(1)).
A prosecutor may divert a matter involving a child alleged to have committed a minor offence listed in Schedule 1 of the Act before a preliminary inquiry is held in terms of the Act, where the general requirements for diversion are present. This may be done after an assessment of the child by a probation officer, unless this requirement is dispensed with by the prosecutor where it is in the best interests of the child to do so (see paragraph K below).
Although the prosecutor may summarily indicate that the matter may be diverted where the offence is minor as listed in Schedule 1 of the Act, where the investigating officer and/or victim or any person with a direct interest in the affairs of the victim is readily available such persons should be consulted.
Prosecutors may select one or any combination of the level 1 diversion options set out in section 53(3) of the Act. If the matter is to be diverted, the child and, where possible, his or her parent, appropriate adult or guardian must appear before a magistrate in chambers in order to have the diversion option made an order of court. Where the prosecutor has decided to dispense with the requirements of an assessment, the reasons must be provided to the magistrate to enter on the record of proceedings.
Where the child has been arrested, and remains in detention, a preliminary inquiry must be held within 48 hours of arrest. Consequently, consideration of diversion must take place as soon as possible. Where it is not possible to consider diversion during this time period, the preliminary inquiry must be held and paragraph H below finds application.
Where the child has been released and a written notice been issued to appear at a preliminary inquiry, the consideration of diversion must take place prior to the appearance at the inquiry. Similarly, where a summons has been issued, the consideration of diversion must take place before appearance at the inquiry. Where a decision is made to divert such a matter, the return of service should be obtained from the clerk of the court and this, together with the diversion option, must be taken to a magistrate in chambers in order to make it an order of court.
The offence is listed in Schedule 1, but the facts or circumstances of the offence are of a serious nature, e.g. the consequences are very serious.
The child has a previous conviction, previous diversion or pending charge in respect of a similar or more serious offence.
is due to its conduct not suitable for diversion.
Where a matter has not been diverted in terms of paragraph E above, withdrawn or a decision made not to prosecute because of the probable lack of criminal capacity, a preliminary inquiry must be held in terms of the Act.
The preliminary inquiry is an informal pre-trial procedure before a magistrate which is inquisitorial in nature and the prosecutor is obliged to attend. This is the equivalent of the child's first appearance in court although this procedure may not necessarily take place in court.
Despite the inquisitorial nature of the preliminary inquiry, prosecutors should play an active role in the proceedings for purposes of ensuring a just outcome. Prosecutors should be able to provide all information relevant to the offence, the views of the victim or of the person affected by the crime and those of the investigating officer.
Prior to the preliminary inquiry the prosecutor must as a general rule have been provided with an assessment report on the child by a probation officer. This report should be studied by the prosecutor as it will provide information relevant to the decision of how the matter should be further dealt with and if any further information may be necessary, this should be obtained from the probation officer before the start of the preliminary inquiry if possible. The information obtained is confidential and for purposes of the inquiry.
A preliminary inquiry is not a trial and is not intended to become protracted proceedings for purposes of obtaining the presence of persons not listed as necessary. Whilst information obtained at the inquiry may not be used against the child in any other proceedings, there is no similar provision protecting victims or witnesses. Prosecutors should therefore object to victims or witnesses being called at such an inquiry.
At the preliminary inquiry the assessment report is considered. Inter alia, it is established whether the matter can be diverted and if so, the suitable diversion option.
However, an inquiry magistrate may stop the proceedings and order that the child be brought before a children's court where he or she is of the view that the child is in need of care and protection, does not live at home or in appropriate care, or is alleged to have committed minor offences aimed at meeting the child's basic need for food and warmth.
After the consideration of all relevant information presented at the preliminary inquiry, the possibility of diversion may be considered where the requirements set out in paragraph F1 above are met. Where a prosecutor indicates that the matter can be diverted, he or she must request the presiding officer to make an order for diversion of the matter.
Although the prosecutor may summarily indicate that the matter may be diverted where the offence is minor as listed in Schedule 1 of the Act, where the investigating officer and/or victim or any person with a direct interest in the affairs of the victim is readily available, such persons should be consulted.
obtained the authorisation of the Senior Public Prosecutor.
In the case of serious offences listed in Schedule 3 of the Act, the written indication of the relevant DPP is required (see Paragraph J below).
Prosecutors should inform the inquiry magistrate as soon as possible if a matter may not be diverted, provided that there is no likelihood of further information becoming available that might warrant a different decision. This should be done especially where the availability of a different magistrate to preside in any further proceedings might prove difficult. Given the nature of the inquiry the prosecutor should make all attempts possible to prevent the inquiry magistrate from receiving any information that may prevent the magistrate from hearing the trial.
Where the prosecutor indicates that the matter may not be diverted he or she must confirm to the magistrate that there is sufficient evidence available or there is reason to believe that further investigation is likely to result in the necessary evidence becoming available. The magistrate will record this and refer the matter to a child justice court.
A preliminary inquiry may be postponed for a period not exceeding 48 hours for specific purposes. These include where the prosecutor indicates that diversion is being considered, but an assessment has not been done and is required; where it is necessary to make arrangements in respect of a diversion option; or for the purposes of further investigation. A further postponement of the preliminary inquiry may only be granted where the postponement is likely to increase the prospect of diversion.
A preliminary inquiry may be postponed for a period not exceeding 14 days if a probation officer has recommended a further and more detailed assessment of the child be undertaken or where it is necessary to obtain the written direction of the relevant DPP for the diversion of a matter in the case of a serious offence referred to in Schedule 3 of the Act (see paragraph J below).
Where the child is referred for trial to a child justice court and where the same magistrate who presided in the preliminary inquiry is due to preside, the prosecutor should alert the magistrate to the provisions of section 47(10).
Where the matter has not been diverted at a preliminary inquiry, the prosecutor may indicate that the matter can be diverted until the point in the proceedings where the case for the prosecution is concluded. Once the prosecution has closed it's case the prosecutor may no longer request the presiding officer to make a diversion order in respect of the child.
After the consideration of all relevant information, including whether a child has a record of previous diversions, a prosecutor may give consideration to diversion where the requirements set out in paragraph F1 above are met. Where a prosecutor indicates that the matter can be diverted, he or she must request the presiding officer to make an order for diversion of the child.
consulted with the investigation officer; and considered the views of the victim or any person with a direct interest in the affairs of the victim, whether or not the matter may be diverted, unless it is not reasonably possible to do so.
Diversion in respect of offences listed in Schedule 2 of the Act may only be agreed to with the authorisation of a Senior Public Prosecutor.
In the case of serious offences listed in Schedule 3 of the Act, the written direction of the relevant DPP is required (see paragraph J below). The proceedings may be postponed in order to obtain the written indication of the DPP.
Where an offence is listed in Schedule 3 of the Act, a matter may only be considered for diversion if exceptional circumstances exist, and the DPP having jurisdiction has indicated in writing that the matter may be diverted.
presence of particular hardship, vulnerability or handicap (e.g.
undue influence exerted upon the child in the commission of the offence (e.g.
witnesses for the prosecution are fragile and/or unwilling to testify; or to proceed would be potentially damaging to a child witness/victim.
Furthermore, the DPP may only indicate that such a matter be diverted where the DPP has consulted with the investigation officer and considered the views of the victim or any person with a direct interest in the affairs of the victim.
whether or not the matter should be diverted; and if so, the nature and content of the diversion option being considered; and the possibility of including in the diversion option a condition relating to compensation or the rendering of a special benefit or service.
The assessment is vital for purposes of coming to an informed decision and has to be done prior to the child appearing at a preliminary inquiry. If the child is in custody this should be done within 48 hours of arrest.
Prosecutors may dispense with such assessment in terms of section 41(3) only in respect of a Schedule 1 offence if it is in the best interest of the child. The reasons for having dispensed with the assessment must be furnished and recorded in terms of section 42.
prosecutor has sufficient information to make a decision on whether to divert or not, e.g. age determination, criminal capacity, suitable diversion option; where an assessment will not be possible within a reasonable period of time; or where the crime committed is petty.
The information obtained during assessment is confidential and may only be used for a legally authorised purpose (section 36(1)), e.g. to determine criminal capacity in accordance with section 11(2).
It may not be used during a bail application, plea, trial or sentencing proceedings in which the child appears.
Such a child does not have criminal capacity (section 7(1)) and cannot be prosecuted but must be referred to the probation officer to be dealt with in terms of section 9(3).
Such a child may only be detained in a police cell or lockup if a child and youth care centre is not available or, if available, does not have a vacancy (section 27).
There is a rebuttable presumption that such a child does not have criminal capacity. If criminal capacity is unlikely to be proved beyond reasonable doubt, the prosecutor must refer the child back to the probation officer to be dealt with in terms of section 9(3) unless the latter has already indicated in the assessment report that, in accordance with section 9(3)(a)(vi), no action is contemplated. Where no action is contemplated the prosecutor should withdraw the charge. In the event of doubt, especially so where the child is closer to 14 or where a more serious offence (Schedule 2 or 3 offence) is involved, the issue should become the subject of investigation during the preliminary inquiry.
Unless specific reasons are recorded for exceeding the usual duration, diversion orders may not exceed 12 months in duration in respect of level 1 diversions or 24 months in respect of level 2 diversions, (section 53(5) and (6)). As prosecutors may be the sole deciders on the duration of diversion orders following a Schedule 1 offence, they should, for example, take into account the nature of the offence, the nature of the diversion option, the circumstances of the child, and more particularly its prospects of rehabilitation.
If such a child is to be detained in prison, a certificate informing the court that sufficient evidence exists and that the child will be charged with a Schedule 3 offence is required.
The DPP is required to authorise prosecutors to furnish such certificates.
In all instances where it is imperative that the child be kept in prison pending the trial, the certificate should be obtained and submitted to the court during application for detention.
Such children may only be detained in a police cell or lockup if a child and youth care centre is not available or, if available, does not have a vacancy. However, in respect of a Schedule 3 offence, if the child is to be detained following arrest, this must be in a police cell or lock-up (section 27), pending a decision by the inquiry magistrate.
diversion orders may not exceed 24 months in duration in respect of level 1 diversions or 48 months in respect of level 2 diversions (section 53(5) and (6)).
Such a child may also be detained in prison in respect of a Schedule 1 and 2 offence if substantial and compelling circumstances exist.
Substantial and compelling circumstances might be present if the child has a history of violence or aggression or if the available child and youth care centres are not sufficiently secure.
Where a person is 18 years or older, but under the age of 21 years, when handed a written notice, served with a summons or arrested for allegedly having committed an offence when he or she was under the age of 18 years, a DPP may direct that the matter be conducted in accordance with the provisions of the Act as if the person were still a child.
Thus, the person will need to be assessed by a probation officer, a preliminary inquiry held in respect of the offence and consideration be given to diversion by the prosecution prior to the preliminary inquiry in the case of minor offences (listed in Schedule 1); or at the preliminary inquiry.
Where the matter is not diverted, withdrawn or referred to a children's court, the matter will be referred to child justice court for plea and trial.
where the person appears to be intellectually or developmentally challenged; or where other pertinent and relevant circumstances so demand, such as those listed in paragraph J.2 above.
A direction should generally not be given where the co-accused are adults, unless the person was used by them to commit the crime.
The relevant DPP should be requested for a directive at the earliest possible opportunity. This may be done telephonically and as soon as it appears that the person will probably be prosecuted and where any of the above criteria are met. The DPP should confirm his/her telephonic directive in writing.
Prosecutors may, in respect of a Schedule 1 offence, where there is no indication that a direction in terms of section 4(2) of the Act is appropriate and if circumstances so dictate and the requirements are met divert the person without requesting a direction from the DPP. In such instances adult diversion finds application and the diversion is then not in terms of this Act.
Allowing for the benefit of proper assessment and appropriate handling does not imply that the person must also be diverted: Diversion will depend on the usual weighing up of relevant interests and the prescribed requirements will also need to be met.
may mero motu cause the person to be assessed pending the directive from the DPP.
Determining the correct age of the accused person is crucial. If after diversion the age of the accused person differs from that which was previously accepted as correct, it must be brought to the attention of the presiding officer who ordered the diversion to deal with in terms of section 16.
It is then for the presiding officer to decide what steps should be taken to address the situation.
The prosecutor must inform the presiding officer whether diversion, and if so, the same conditions of diversion would have been ordered if the correct age was known when the matter was initially considered for diversion.
Prosecutors may release the child on bail.
"Prosecutors may in respect of the offences referred to in Schedule 1 of the Child Justice Act and in consultation with the police official charged with the investigation authorise the release of the child on bail."
A prosecutor may agree at the preliminary inquiry or at the trial proceedings to a diversion or may divert the child at an earlier stage without assessment (paragraph C supra) and/or without referral to a preliminary inquiry (section 41). In the latter instance the child must still be present when the diversion is made an order of court (section 42) and an assessment by the probation officer should ordinarily still be required.
If asked for guidance by a police officer in terms of section 17 with regards to the need for a preliminary inquiry, prosecutors should ordinarily indicate that the child will have to attend a preliminary inquiry for purposes of ensuring that the child is brought to court. The exception will be where a police docket is submitted to the prosecutor for decision and the prosecutor may probably decline to prosecute.
Where the child does not have a record of previous criminality.
In these circumstances only Level 1 diversion options may be utilized (section 53(2)(a)).
A prosecutor may release the child on bail (section 21(2) (b)).
"Prosecutors may in respect of the offences referred to in Schedule 2 of the Child Justice Act and in consultation with the police official charged with the investigation authorise the release of the child on bail."
The prosecutor may, subject to paragraph O(2)(d), agree to a diversion at the preliminary inquiry or trial only after having considered the views of the victim or person with a direct interest and after having consulted the investigating officer.
Diversion may only be agreed to with the authorisation of the Senior Public Prosecutor. If in doubt, the office of the DPP should be contacted for guidance.
Level 1 and 2 diversion options apply (section 53(2)(b)).
A certificate authorizing the detention of a child 14 years and older but under 16 must be issued (paragraph L(3) above).
Diversion may only occur in exceptional circumstances (see paragraph J) with the written consent of the relevant DPP after having considered the views of the victim or of a person with a direct interest as well as the investigating officer (section52(3)).
Prosecutors should bring deserving cases to the attention of their respective DPP as soon as it seems that a diversion needs to be considered.
· motivated recommendations.
A referral to a child justice court following the preliminary inquiry means a referral to any court having jurisdiction and therefore may also be a Regional or High Court. In instances where a child is charged with an adult, the court sits simultaneously as an ordinary court and a child justice court. There is no reason to request a separation of trials, even though the child was dealt with separately during the preliminary inquiry.
Prevailing prescripts with regards to forum still apply (High or Lower Courts). However the High Court will only be a suitable forum in cases of children 10 years and older but under 14 years of age if compelling reasons exist.
The trials have to be prioritised and section 66 places limitations on the length of postponements. Prosecutors should make all efforts to ensure that the trials are finalised speedily.
The child has to be informed by the court of his/her rights and the procedure that will be followed. The presence of a legal representative will not alleviate the court of this duty and prosecutors should remind courts of such duty if necessary.
Prosecutors should refrain from hostile and inappropriate cross-examination of the should, as officers of the court, object, where necessary, to such cross child and examination by any other party.
close of the state case (section 67(1) read with section 52(5)). Prosecutors should consider making a request where a diversion would have been favourably considered at an earlier stage had the child accepted responsibility; or where the child is now prepared to consent to the diversion options; or where the court in the exercise of its independent discretion is now prepared to make such order contrary to the decision of the inquiry magistrate. Where the prosecution has previously not agreed to diversion, there should be compelling reasons for deviating at this stage from the initial decision.
The court must warn the child prior to making a diversion order that any acknowledgement of responsibility may, upon non-compliance with a diversion order, be recorded as an admission in terms of section 220 of the Criminal Procedure Act. Where the court fails to warn the child, the prosecutor should request the court to do so timeously. The purpose of the warning is to encourage compliance and to ensure that the admission has evidential value (section 67(1)(b)).
The proceedings are postponed pending completion of the diversion and in the event of compliance, they are stopped. Where the child fails to comply with a diversion order and this is found to be due to the child's fault, the trial may proceed or a more onerous diversion option may be decided on.
At the trial the magistrate must stop the proceedings and order that the child be brought before a children's court where the he or she is of the view that the child is in need of care and protection, does not live at home or in appropriate care, or is alleged to have committed minor offences aimed at meeting the child's basic need for food and warmth.
Prosecutors should take cognisance of the provisions of sections 69 to 78 for purposes of addressing the court on sentence.
The minimum sentence provisions in the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), do not apply (vide Centre for Child Law v Minister of Justice and Constitutional Development and others CCT98/08, 2009 ZACC 18).
Prosecutors are encouraged to obtain a victim impact statement. Undisputed victim impact statements are admissible upon mere production.
Pre-sentence reports are compulsory and should be requested by the court and not by the prosecutor (section 71(1)(a)).
Prosecutors should ensure that case dockets are opened in respect of all adults who are alleged to have used children to commit crime (section 92).
Each office should keep a Diversion Register of all persons diverted in terms of this Act.
T. Failure to comply with any duty imposed by the Act or Directives.
Failure by a prosecutor to comply with these Directives and/or any duty imposed on him/her in terms of this Act may lead or result in disciplinary steps being taken against such prosecutor.
<fn>GOV-ZA.2010040101En.2012-02-10.en.txt</fn>
The past financial year has been one of the most challenging periods for South Africa's economy as the full effects of the global economic downturn constrained growth and led to steep reductions in tax revenue.
From the fourth Quarter of 2008, the domestic economy contracted over three successive quarters while revenue expectations were reduced by R69bn.
By midnight last night SARS had collected R598.5bn in revenue for the financial year 2009/10. This figure is R8.1bn more than the revised estimate announced in the February 2010 Budget and about R60.8bn less than the initial printed estimate of February 2009.
The revenue performance confirms that the South African economy is on its way to recovery.
In addition to the recovery during the last quarter of 2009, SARS had put in place special measures from August last year which have now paid dividends in compliance. Special revenue raising initiatives by SARS have contributed R23.9bn in additional revenue for the fiscal year.
The tax-to-GDP ratio with the preliminary outcome of revenue collected has improved from 24.1% as at February 2010 to 24.4%. Total consolidated Government expenditure is provisionally estimated to be R830.5bn which is R4.8bn lower than the February 2010 revised estimate. Included in this are debt interest costs which came in R499 million lower than budgeted.
The projected budget deficit therefore narrowed to R166.1bn or 6.8% of GDP from 7.3% published in February 2010 which is a further indication that the economy has started to recover. As the recovery continues to take hold, improving revenues will be supportive of our fiscal exist strategy.
Despite the decline in revenue from 2008/09 (R26.8bn or 4.3% less year-on-year) South Africa's overall revenue performance since the start of the economic crisis favourably compares with both developed and developing economies.
Over this two year period South Africa has seen overall revenue growth of 4.5%. For the same period the United States experienced an overall decline in revenue of 14%, New Zealand recorded a 7.8% decline, Australia recorded an overall 4.5% increase whilst India recorded an 8.1% increase.
International experience has shown that times of economic hardship do not only result in lower tax revenues but also adversely affects the levels of compliance amongst taxpayers.
For 2009/10 a gradual improvement in revenue collection began to manifest itself in the final quarter of the fiscal year through improvements in domestic VAT and PAYE collections. Domestic VAT recovery was mainly in the Machinery, Construction and Government sectors. Consumer spending which accounts for about two thirds of VAT remained subdued. PAYE gains were primarily in the Finance, Public Administration, Education and Agencies sectors offsetting decreases in the Metal sector in which PAYE collections were significantly lower.
Company Income Tax, STC and Import VAT tax types were severely affected by the economic decline. Coupled with the lag effect, due to the reporting cycle of companies, collections from CIT and STC tax types remain depressed. Import VAT, remained subdued and together with the CIT and STC account for an aggregate decrease of R58bn if compared with the previous year for these tax types.
2.1 Personal Income Tax (including interest) Despite one million job losses in 2009, year on year growth in PIT of R9.4bn (4.8%) was achieved. The main contributing sectors were Finance, Public Administration, Education and Agencies. PAYE which contributes to about 94% of total PIT collections in the last quarter of the current fiscal year grew by more than R5bn against the same quarter in the previous year.
By end February 2010 provisional tax from individuals increased by R1.9bn year on year. Of this amount R1.1bn collected in February 2010 alone.
Provisional tax from companies is the primary contributor to CIT collections. On a year on year basis Provisional tax from companies declined by more than R25bn of which about R12bn is attributable to the mining sector alone. The other sectors that were most affected were the financial sector which declined by R14.5bn and manufacturing which declined by R6.5bn.
An important trend in company taxes can be distinguished between corporate taxpayers at the SARS Large Business Centre (LBC) and non-LBC companies on a year-to-year basis.
For non-LBC companies, collections in Provisional Tax improved by more than R2.0bn against declines amongst LBC corporate taxpayers. In the non-LBC category improved yearon-year collections were achieved in the medical services, machinery and transport, storage and communication sectors. The increased compliance is a direct result of the introduction of the 80%-payment rule pertaining to the scheduling of provisional payments.
STC was R4.7bn (23.5%) below last year mainly due to lower dividend declarations as a result of lower company profits as well as reduced merger and acquisition activity during the year.
Lower collections experienced in the Finance, Mining and Coal and Petroleum partially offset by growth in the Transport, Storage and Communication sector.
VAT declined on a year on year basis by R6.4bn mainly as a result of reduced domestic consumption and imports partially offset by lower VAT refunds.
In nominal terms Domestic VAT was higher than the previous year but in real terms declined. The sectors that experienced positive growth were the Finance, Transport, Storage and Communication, Machinery and Food Drink and Tobacco sectors.
VAT refunds were lower than the previous year as refunds declined in the Vehicle, Finance, Coal and Petroleum, Agencies and Metal sectors on the back of lower exports and production levels.
VAT on imports were significantly lower than the previous year mainly due to weak consumer spending and declining capital investment. The decline was mainly in the Machinery, Electrical equipment, Vehicles, Instruments and Mineral Fuels chapters.
Customs Duty declined by R3.5bn (15.5%) due to lower imports of vehicles. The percentage contribution of duties declined from 41% in 2007/08 to 24.5% for the year to date.
Fuel levy collections are higher than the previous year by R4.3bn (17.1%) mainly due to an increase in the levy on fuel: 18% on petrol and 21% on diesel.
Specific Excise collections were higher than the previous year by R0.9bn (4.4%) mainly due to an increase in rates of 12.9%, 14.7% and 9.5% for cigarettes, spirits and beer respectively.
Agriculture 1,414 2,106 692 48.9 2,406 300 14.
Mining 13,220 22,370 9,150 69.2 10,033 -12,337 -55.
Telecom 9,284 8,332 -952 -10.3 10,142 1,810 21.
Financial Services 41,315 48,129 6,814 16.5 33,661 -14,468 -30.
Manufacturing 38,591 44,569 5,978 15.5 38,076 -6,493 -14.
Wholesale & Retail 12,620 14,717 2,097 16.6 14,085 -632 -4.
Business Services 12,857 12,042 -815 -6.3 11,987 -55 -0.
Medical & Health 1,835 1,914 79 4.3 2,597 683 35.
Transport 3,760 3,140 -620 -16.5 2,197 -943 -30.
Construction 3,039 4,587 1,548 50.9 5,847 1,260 27.
Catering & Accommodation 1,311 1,435 124 9.5 1,400 -35 -2.
Recreation & Cultural 1,805 1,812 7 0.4 1,599 -213 -11.
Other 585 2,050 1,465 250.4 2,723 673 32.
Total 141,636 167,203 25,567 18.1 135,253 -31,950 -19.
For further media enquiries, please contact Adrian Lackay - 083 388 2580 SARS Spokesperson.
<fn>GOV-ZA.20100401Gg33076Noticer261ChildsactRegEn.2012-02-10.en.txt</fn>
The Minister of Social Development has under section 306 of the Children's Act, 2005 (Act No.38 of 2005), after consultation with the Ministers for Justice and Constitutional Development, Safety and Security Health, Education, Finance, Transport, Home Affairs and Provincial and Local Government, made the regulations in the Schedule.
"the Act" means the Children's Act, 2005 (Act No.
Offences and Related Matters) Amendment Act, 2007 (Act No.
"the Criminal Procedure Act, 1977" means the Criminal Procedure Act, 1977 Act No.
"the Social Service Professions Act, 1978" means the Social Service Professions Act, 1978 (Act No. 110 of 1978).
A reference to a Form in these Regulations is a reference to the relevant Form contained in Annexure A.
drop-in centres, as contemplated in section 214 of the Act, within one year of the incorporation of the relevant provincial strategy into the relevant national strategy and every year thereafter.
commissioned by a Commissioner of Oaths.
Where a person whose signature is required in terms of paragraph (a) or (b) of sub-regulation (1) is incapable of furnishing a signature, a thumbprint of the person must be effected on Form 1 and duly attested by a commissioner of oaths.
A child who is older than16 years of age and who has a disability related to brain damage which renders the said child incapable of making a decision regarding a virginity test or a child with multiple disabilities who is not able to make such a decision, cannot be subjected to a virginity test.
A copy of the form contemplated in sub-regulation (1) must be retained by the person performing the virginity test for a period of three years after consent, as contemplated in this regulation, has been furnished.
Manner of conducting virginity test 4.
the least invasive means of testing for virginity is used with due regard to the child's right to bodily integrity.
A virginity test may be performed on a girl child only by a female person and on a boy child only by a male person.
the child has been given proper counselling by a parent, guardian or caregiver and a social service professional.
The age of a child consenting to a virginity test must be established by having regard to an identity document or birth certificate of the child, an affidavit furnished by the child's parent or care-giver confirming the age of the child or an estimation of age contemplated in section 48(2) of the Act.
Any person who contravenes any provision of this regulation is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment.
MALE CIRCUMCISION Circumcision for social or cultural purposes 5.
by a medical practitioner or by a person with knowledge of the social or cultural practices of the child concerned and who has been properly trained to perform circumcisions.
the disposal of any instruments used for circumcision including any human tissue takes place in accordance with medical standards for the disposal of surgical instruments and human tissue.
6.(1) Circumcision performed for religious purposes on male children must be performed in accordance with the practices of the religion concerned and must be performed by a medical practitioner or by a person from the religion concerned who has been properly trained to perform circumcisions.
older than 16 years must be given by the child concerned and in a form identical to Form 3.
contain incidental matters related to the upbringing of the child or children that are being conferred by the mother or other person having parental responsibilities and rights upon the biological father or any other person having an interest in the care, well-being and development of the child.
Form 4 must be attached to the application for registration of the parental responsibilities and rights agreement as contemplated in sub-regulation (1).
Where parental responsibilities and rights agreement is to be made an order of the High Court, that agreement may contain particulars relating to the guardianship of the child.
Where parental responsibilities and rights are to be exercised in substantially the same manner by the biological father or any other person or persons having an interest in the care, well-being and development of the child with respect to more than one child in the same family, such parental responsibilities and rights agreement must be completed for each child.
The applicant or applicants for the registration of a parental responsibilities and rights agreement must file copies of such agreement with the family advocate, children's court or High Court, as the case may be, to enable each co-holder of parental responsibilities and rights to retain a copy of the registered agreement.
Where a family advocate is required to satisfy himself or herself as contemplated in section 22(5) of the Act that a parental responsibilities and rights agreement is in the best interests of the child, this must be done in a form identical to Form 5.
8.(1) A family advocate, social worker, social service professional or other suitably qualified person who conducts mediation in the case of a dispute between the biological father of the child and the biological mother of the child with regard to the fulfilment by that father of the conditions set out in section 21(1) of the Act, may certify the outcome of that mediation in a form identical to Form 6.
A certificate of non-attendance of the mediation required by section 21(3) of the Act may be completed in a form identical to Form 7 by a family advocate, social worker, social services professional or other suitably qualified person who has notified a respondent to attend such mediation and where such respondent has failed to attend.
Due consideration must be given to the views and wishes of the child or children in the development of any parental responsibilities and rights agreement, bearing in mind the child's or children's age, maturity and stage of development.
Bearing in mind the child's or children's age, maturity and stage of development, such child or children must be informed of the contents of the parental responsibilities and rights agreement by the family advocate, the children's court, the High Court, a social worker, social service professional, psychologist or the child's or children's legal representative.
Where a child or children referred to in sub-regulation (3) in respect of whom a parental responsibilities and rights agreement is concluded is or are not in agreement with the contents of the agreement, this should be recorded on the agreement, and the matter referred for mediation by a family advocate, social worker, social service professional or other suitably qualified person.
contain the full names, dates of birth, identity numbers or passport numbers (as the case may be), residential addresses and contact details of any child or children named in the parenting plan.
Where parental responsibilities and rights are to be exercised in the same manner by the holders of those responsibilities and rights with respect to more than one child in the same family, the application for registration of the parenting plan must be completed for each child.
The applicant or applicants for the registration of a parenting plan must file copies of such plan with the family advocate, children's court or High Court, as the case may be, to enable each co-holder to retain a copy of the registered parenting plan.
10.(1) The co-holders of parental responsibilities and rights as contemplated in section 30 and who are experiencing difficulty in exercising their responsibilities and rights as envisaged in section 33(2) of the Act must seek to agree on a parenting plan on matters referred to in section 33(3) of the Act.
of the Act, and must be completed in writing in a form identical to Form 10.
11.(1) Bearing in mind the child's age, maturity and stage of development, such child must be consulted during the development of a parenting plan, and granted an opportunity to express his or her views, which must be accorded due consideration.
When a parenting plan has been agreed the child must, bearing in mind the child's age, maturity and stage of development, be informed of the contents of the parenting plan by the family advocate, a social worker, social service professional, psychologist, suitably qualified person or the child's legal representative.
(Sections 76 - 90 of the Act) Types of partial care 12.
an after school service, other than a service provided by a school as defined in the South African School's Act 1996, (Act No.
temporary respite care services for children including children with disabilities.
For purposes of this Chapter "after school service" means the provision of meals, homework support, sporting activity support, life skills education and guidance and counselling support.
For purposes of this Chapter "private hostel" means a place which is operating during school terms and where children sleep over, are provided with meals, healthcare, life skills education, where their laundry is done and where the children receive guidance and counselling support, school attendance support, sporting activity support and cultural activity support.
For purposes of this Chapter "temporary respite care services" means a temporary service offered to children and to children with disabilities which is aimed at the provision of temporary care and relief and includes day care or sleepover, the provision of meals, school attendance support, sporting activity support, health care and laundry facilities and assistance with personal hygiene.
The national norms and standards for partial care contemplated in section 79 of the Act are contained in Part I of Annexure B.
14.(1) Subject to the provisions of sub-regulation (2), an application for the registration, conditional registration, the reinstatement or renewal of registration of a partial care facility must be lodged with the provincial head of social development of the province where the facility is situated in a form identical to Form 11.
If the performance of the functions contemplated in sections 80 and 81 of the Act has been assigned in terms of section 88 of the Act to the municipal manager of a municipality, an application contemplated in sub-regulation (1) must be lodged with that municipal manager.
a description of the contents of the programmes and services to be offered, including the aims and objectives.
a health certificate issued by the local municipality in whose area the facility is to operate confirming compliance with the structural health requirements of that municipality.
15.(1) The provincial head of social development or, where the function has been assigned to a municipal manager in terms of section 88 of the Act, the municipal manager or the social service professional, where the municipal manager has delegated the function to consider applications for the registration of a partial care facility to such social service professional concerned in terms of section 88 (3) of the Act, may, subject to section 83 of the Act, grant an application contemplated in regulation 14(1) for a period not exceeding five years.
On granting an application contemplated in regulation 14(1), the provincial head of social development or, where the function has been assigned to a municipal manager in terms of section 88 of the Act, the municipal manager or social service professional concerned, must issue to the applicant a certificate of registration or conditional registration or for the reinstatement or renewal of registration in a form identical to Form 12.
In rejecting an application for registration of a partial care facility, the provincial head of social development or the municipal manager, where the function has been assigned to him or her in terms of section 88 of the Act or the social service professional concerned, where the municipal manager has delegated such function to him or her in terms of section 88 (3) of the Act, must duly inform the applicant of the refusal in a form identical to Form 13 by registered post and must furnish reasons for such rejection to the applicant.
16.(1) An appeal contemplated in section 86(1) of the Act must be in a form identical to Form 14.
The MEC may, upon receipt of the applicant's or registration holder's written appeal and the provincial head of social development's reasons for the decision confirm, vary or set aside that decision.
An appeal contemplated in section 88(6) of the Act must be in a form identical to Form 15.
The municipal council may, upon receipt of the applicant's or registration holder's written appeal and the official in the employ of the municipality's reasons for the decision confirm, vary or set aside that decision.
Partial care provided during excursions, training programmes, social activities, cultural activities, sporting activities, camps or other activities, including overnight partial care, organised and provided by a religious denomination, a social organisation, a cultural organisation or a sports club is exempted from registration in terms of section 80 of the Act.
any period of absence of the child from the partial care facility.
reports and notes on any injury or bruise observed during the daily care of the child, including any observations which may relate to the possible abuse of the child.
A file must be kept of each staff member employed at a partial care facility including any period of absence from the partial care facility.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding children Page 11 of 137 discipline was imposed and the nature of the disciplinary measure must be recorded.
Any register or file kept in terms of this regulation must be kept for a period of at least three years after the date of termination of the partial care service in respect of a child at a partial care facility.
Any irregular or dysfunctional behaviour of a child in a partial care facility must be brought to the attention of the parent or the caregiver of the child.
Quarterly progress reports must be furnished to the parent or the caregiver of each child in a partial care facility.
the ability to assess age related developmental milestones.
clearance certificates to the effect that his or her name does not appear in Part B of the National Child Protection Register, or the National Register for Sex Offenders issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively.
An employee at a partial care facility who works with a child in such facility must be able to communicate with the child in a language, including sign language, which such child understands.
Closure of partial care facility 20.
a written notice of enforcement instructing a person or organisation operating an unregistered partial care facility to terminate its operation has been issued under of section 85 of the Act, that person or organisation must be allowed a period of not more than 90 days in order to wind up the affairs of that facility and to allow the parents or care-givers of children in that facility to make alternative arrangements for partial care.
When a person or organisation providing partial care intends to terminate its operation, such person or organisation must give the parents or care-givers of children admitted at such a facility a period 90 days written notice of such intention.
21.(1) All partial care facilities must be subjected to inspection and monitoring to determine compliance with these Regulations and Part I of Annexure B.
The inspection and monitoring contemplated in sub-regulation (1) must be executed by a person designated by the provincial head of social development.
All inspections and monitoring visits must be followed by a report that must be submitted to the provincial head of social development and the management of the partial care facility.
Inspection of a partial care facility must take place every five years or may take place at shorter intervals if inspection is a condition for registration or where inspection of the facility becomes necessary for the cancellation of a registration referred to in section 84(2) (a) of the Act.
Inspection as a result of a written complaint may at any time be ordered by the provincial head of social development.
22.(1) Before a provincial head of social development may assign functions to a municipal manager as contemplated in section 88 of the Act, he or she must conduct a needs assessment on the assignment of the functions referred to in that section in consultation with the municipality concerned.
the capacity to manage the functions to be assigned.
An agreement between the provincial head of social development and a municipality contemplated in section 88(2) of the Act must be in writing and signed by both parties in the presence of two witnesses.
a provision to the effect that the items contemplated in paragraphs (a), (b) and (c) must be reviewed and updated annually.
The national norms and standards for early childhood development programmes contemplated in section 94 of the Act are contained in Part II of Annexure B.
24.(1) Subject to the provisions of sub-regulation (2), an application for the registration or conditional registration of an early childhood development programme or the renewal of such programme must be lodged with the provincial head of social development of the province where the early childhood development programme is to provided and must be in a form identical to Form 16.
If the performance of the functions contemplated in sections 96 and 97 of the Act has been assigned to the municipal manager as contemplated in section 102 of the Act, an application referred to in sub-regulation (1) must be lodged with the municipal manager or a social service professional in the employ of the municipality and to whom the municipal manager has delegated such function.
a clearance certificate issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively to the effect that the name of the applicant and staff members do not appear in Part B of the National Child Protection Register or the National Register for Sex Offenders.
25.(1) The provincial head of social development or, where the function has been assigned to a municipal manager in terms of section 102 of the Act, the municipal manager or social service professional concerned, may grant an application contemplated in regulation 24(1) for a period not exceeding five years.
On granting an application contemplated in regulation 24(1), the provincial head of social development or, where the function has been assigned to a municipal manager in terms of section 102 of the Act, the municipal manager or social service professional concerned, must issue to the applicant a certificate of registration or conditional registration or renewal of registration in a form identical to Form 17.
In rejecting an application for registration of an early childhood development programme, the provincial head of social development or, where the function has been assigned to a municipality in terms of section 102 of the Act, the municipal manager or social service professional concerned, must duly inform the applicant of the refusal in a form identical to Form 18 by registered post and must furnish reasons for such rejection to the applicant.
26.(1) An appeal contemplated in section 101(1) of the Act must be in a form identical to Form 19.
An appeal contemplated in section 102(6) of the Act must be in a form identical to Form 20.
the ability to implement systems, policies and procedures and to manage physical, financial and human resources.
28.(1) All early childhood development programmes must be subjected to assessment and monitoring to determine compliance with the national norms and standards for early childhood development contained in Part II of Annexure B and the assessment must be in a form identical to Form 21.
The assessment and monitoring contemplated in sub-regulation (1) must, subject to sub-regulation (3), be executed by a person designated by the provincial head of social development.
The assessment and monitoring contemplated in sub-regulation (1) must, where the power or function has been delegated to the municipal manager, be executed by such municipal manager or by a social service professional where the municipal manager has delegated his or her power or function to such social service professional.
All assessment and monitoring visits must be followed by a full report and development plan that must be submitted to the provincial head of social development and the management of the early childhood development programme.
Assessment and monitoring of early childhood development programmes must take place every two years.
29.(1) Before a provincial head of social development may assign functions to a municipal manager as contemplated in section 102 of the Act, he or she must conduct a needs assessment on the assignment of the functions referred to in that section in consultation with the municipality concerned.
An agreement between a provincial head of social development and a municipality contemplated in section 102(1) of the Act must be in writing and signed by both parties in the presence of two witnesses.
a provision to the effect that the particulars contemplated in paragraphs (a), (b and(c) must be reviewed and updated annually.
The national norms and standards for child protection services contemplated in section 106 of the Act are contained in Part III of Annexure B.
is registered as a nonprofit organisation in terms of the Nonprofit Organisations Act, 1997 (Act No.
is able to account for the utilisation of financial awards made by the Department or the Provincial Department of Social Development in an acceptable manner and in terms of the prescripts of the Public Finance Management Act, 1999 (Act No.
supports and commits itself to partnerships and collaboration with emerging organisations.
activity-based budgets reflecting the amount of funds required and the purposes for which such funds will be utilised.
the organisation's audited financial statements.
The Director-General or the provincial head of social development may designate an appropriate organisation that complies with the requirements specified in sub-regulations (1), (2) and (3) as a child protection organisation for a period not exceeding five years.
An organisation which has been designated as a child protection organisation in terms of section 107 of the Act or deemed to be designated in terms of section 108 of the Act must submit to the Director-General or to the provincial head of social development a new application for designation in accordance with this regulation at least 90 days before the expiry of the period of designation referred to in sub-regulation (4) or section 108(2) of the Act, as the case may be.
32.(1) A quality assurance referred to in section 109(2) of the Act must be conducted to evaluate a child protection organisation prior to the withdrawal of the designation as a child protection organisation.
any service delivery challenges.
33.(1) A report by a person contemplated in section 110(1) of the Act, who on reasonable grounds concludes as provided for in that section that a child has been abused in a manner causing physical injury, sexually abused, emotionally abused or deliberately neglected, must be made to the relevant authority in a form identical to Form 22 by completing that form to the best of that person's ability and by including in the form such particulars as are available to him or her.
The provincial department of social development, designated child protection organisation or police official to whom a report contemplated in sub-regulation (1) has been made, must submit the particulars of the abuse in a form identical to Form 23 to the Director-General for inclusion in Part A of the National Child Protection Register.
in writing in a form identical to Form 24.
a statement relating to a pattern or history of abuse or deliberate neglect from a witness relating to the abuse of the child.
any unexplained delay in seeking medical treatment for a child who is seriously injured, should be considered as a possible indicator of abuse or neglect.
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appropriate protective measures to be taken in respect of a child.
decide on the appropriate protective measures or intervention as provided for in the Act.
the placement of the child in alternative care be considered only in cases where a serious and immediate danger to the child outweighs the trauma involved in such a removal.
is able to work in a multi-disciplinary team with the objective of securing the best protection plan based on a child's developmental needs.
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take the protective measures contemplated in the Act prescribed in Section 151 and 152 of the Act.
not be subjected to cruel or degrading language.
A child must, prior to his or her being examined or assessed for purposes of establishing whether such child has been abused or neglected, consent, either verbally or in writing, to the assessment or examination if such child is of sufficient maturity and has the mental capacity to understand the reasons for the examination or assessment: Provided that an assessment or examination may proceed in the absence of a child's consent if it is deemed to be in the best interests of such child, in which case the reasons for proceeding with the assessment or examination must be noted in writing by the person doing the assessment or examination and explained to the child and to his or her parent, guardian or care-giver.
39.(1) (a) A provincial department of social development or a designated child protection organisation must notify the Director-General in writing of a report relating to a child in need of care and protection or a report relating to the abuse or deliberate neglect of a child as contemplated in sections 110(5) and 114(1)(a) of the Act made by any person referred to in section 110(1), (2) or (4) of the Act, within 21 days of conclusion of the investigation by that department or organisation if the department or organisation is satisfied that the safety or well-being of the child concerned is at risk and that the report is not frivolous or obviously unfounded.
The Director-General must upon receipt of the notification, cause the particulars set out in the notification to be included in Part A of the National Child Protection Register forthwith.
The Director-General must be notified in writing of the conviction of a person on a charge as contemplated in section 114(1)(b) of the Act, or of a finding as contemplated in section 114(1)(c) of the Act, by the registrar or clerk of the court concerned, as the case may be, within 14 days of such conviction or finding.
be in a form identical to Form 25.
The Director-General must upon receipt of a notification contemplated in paragraph (a), cause the particulars set out in the notification to be included in Part A of the National Child Protection Register forthwith.
A registrar or clerk of the court who has notified the Director-General of a conviction of a person as contemplated in subregulation (2), must inform the Director-General in writing of any successful appeal against or review of such conviction within seven days of receipt of a notice of the outcome of the appeal or review, upon which the Director-General must remove the name and particulars of the relevant person from Part A of the National Child Protection Register forthwith.
the particulars of the children's court in which the finding was made and the case number.
be in a form identical to Form 22.
in a form identical to Form 26.
If the person making the inquiry in terms of sub-regulation (1) is a child below the age of 12 years, such child must be assisted in making the inquiry by his or her parent, guardian, care-giver or by a designated social worker, unless it is demonstrated to the satisfaction of the Director-General that the child is of sufficient maturity to make the inquiry on his or her own.
a brief description of the incident or act that led to the inclusion.
The particulars to be included in Part B of the National Child Protection Register in terms of section 119 of the Act of a person found unsuitable to work with children in terms of section 120 of the Act must be in a form identical to Form 27.
42.(1) (a) A notification contemplated in section 122(1) of the Act must be forwarded to the Director-General within 21 working days of a finding that a person is unsuitable to work with children.
be in a form identical to Form 28.
In the event that a relevant administrative forum contemplated in section 122(1) of the Act, has no official or staff member acting in the capacity of registrar or clerk of the court, the person responsible for convening the meeting or hearing of the administrative forum where the finding of the unsuitability of a person to work with children was made must notify the Director-General of the finding as contemplated in section 122 of the Act and sub-regulation (1).
The Court which has considered an appeal against or reviewed a finding that a person is unsuitable to work with children in terms of section 121 of the Act, must notify the Director-General in writing of any successful appeal against or review of such finding within seven days of receiving notice of the outcome of the appeal or review.
Upon receipt of a notice in terms of sub-regulation (3) the Director-General must remove the name and particulars of the relevant person from Part B of the National Child Protection Register forthwith.
own or have any economic or business interest in any entity, business concern or trade relating to the supervision or care of a child if such interest would cause that person to have direct access to or would place him or her in a position of authority, supervision or care of a child.
details of the position that will be or is held by the affected person; and (cc) the full names and surname, including any alias or nickname, identity number or passport number or driver's license number, physical address, postal address, telephone numbers and any other relevant contact details of the affected person.
a request for the furnishing of reasons why the affected person's name was included in Part B of the National Child Protection Register in the event that such an entry is found.
of the Act by way of a form determined by the Director-General.
The Director-General must, upon each entry of a person's name in Part B of the National Child Protection Register as being unsuitable to work with children, notify the affected person of such entry in writing within 21 working days of such entry by way of a form determined by the Director-General.
45.(1) (a) An application to the Director-General for the removal of a person's name and information from Part B of the National Child Protection Register based on an erroneous entry as contemplated in section 128(2)(b) of the Act must be accompanied by an affidavit by such person and must be in a form identical to Form 31.
The Director-General must notify the applicant of the outcome of an application contemplated in paragraph (a) within 21 working days of receipt of the application by way of a form determined by the Director-General.
a report, obtained at the applicant's own cost, compiled by a psychologist or psychiatrist duly registered or deemed to be registered in terms of the Health Professions Act, 1974 (Act No.
is alleged to have committed an offence in relation to a child, which alleged offence gave rise to the inclusion of that person's name in Part B of the National Child Protection Register, in respect of whom a court has made a finding and given a direction in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977, after a period of five years has lapsed after that person has recovered from the mental illness or mental defect in question and is discharged in terms of the Mental Health Care Act, 2002 (Act No. 17 of 2002), from any restrictions imposed upon him or her.
The clerk or registrar of the court, as the case may be, must notify the Director-General in writing, in a form identical to Form 32, of the finding of the court regarding an application for the removal of a person's name and information from Part B of the National Child Protection Register within 14 days of such finding, upon which the Director-General, if the application for removal had been successful, must cause the name and information to be removed forthwith.
The Director-General must notify each person of the removal of his or her name and information from Part B of the National Child Protection Register upon the direction of a court within 14 working days of such removal by way of a form determined by the Director-General.
A person whose name has been included in Part B of the National Child Protection Register and who has been duly informed of such inclusion in terms of section 127(3) of the Act, must notify the Director-General of any change in his or her name or names, sex, identity number, physical or postal address within 14 days of such change.
An application to the Minister for the Minister to consent to the medical treatment of or surgical operation on a child in terms of section 129(7) and (8) of the Act must be made in writing in a form identical to Form 33.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding children Page 23 of 137 48.(1) Consent by a child to the performance of a surgical operation must be completed in writing by the person performing such operation or by a representative of the institution at which such operation is going to be performed, and signed by the child and must be furnished in a form identical to Form 34.
A parent or guardian who duly assists a child to consent to the performance of a surgical operation on such child must assent to this in writing on the same form contemplated in sub-regulation (1).
The parent or guardian of a child parent who duly assists such child parent to consent to the performance of a surgical operation on the child concerned, must assent to this in writing in a form identical to Form 35.
report any death within that household to a police official and to the provincial head of social development.
submit the monthly expenditure plan, duly signed as contemplated in paragraph (b), to an organ of state or a non-governmental organisation, as the case may be, which designated the adult to supervise the child-headed household, together with the original documents, receipts, invoices and other documentation that may serve as proof of the expenditure incurred.
The organ of state or a non-governmental organisation which designated the adult referred to in sub-regulation (1) may, upon the absence of a counter-signature as contemplated in that sub-regulation or, if there is reason to believe that there is a misappropriation or maladministration of money, cause the matter to be investigated and may take the steps that may be required by the circumstances, including the institution of criminal charges against that adult and the replacement of the adult by another supervising adult.
The national norms and standards for prevention and early intervention programmes contemplated in section 147 of the Act are contained in Part IV of Annexure B.
without a court order in terms of section 152(1) of the Act, must complete a form identical to Form 36 and submit it to the temporary safe care as soon as is practicable.
notify the designated social worker immediately of any difficulties with such placement and of any change in the child's residential address.
the date upon which the child was found in the Republic, in the case of a child contemplated in paragraph (d).
The parent, guardian or care-giver of a child as contemplated in sub-regulation (1)(a), (b) or (c) must be notified by the clerk of the court to attend proceedings of the children's court where a decision will be made as to whether the child is in need of care and protection in a form identical to Form 37. Report by designated social worker 55.
the possibility of placing the child in foster care with relatives or non-relatives or with a cluster foster care scheme.
A permanency plan approved by a children's court must, unless the children's court, in terms of section 157(1)(b)(v) of the Act, directs otherwise, be evaluated by the social worker concerned within six months of its implementation and thereafter at intervals of six months with a view to establishing, unless he or she had been adopted or placed in foster care, whether the child may be returned to the care of his or her parent or care-giver.
address any written request by a presiding officer to the designated social worker concerned.
56.(1) If it appears to a designated social worker that a child has been abandoned or orphaned, whether for purposes of determining if such child is in need of care and protection or if such child can be made available for adoption, such social worker must cause an advertisement to be published in at least one local newspaper circulating in the area where the child has been found calling upon any person to claim responsibility for the child.
have regard, in the case of an abandoned child, to an affidavit, setting out the steps taken to trace the child's parent, guardian or care-giver, by the social worker concerned to the effect that the child's parent, guardian or care-giver cannot be traced and an affidavit by any other person, if any, who can testify to the fact that the child has had no contact with his or her parent, guardian or care-giver for a period of at least three months.
57.(1) Subject to sub-regulation (2), approval to provide temporary safe care to a child must be in writing in a form identical to Form 39 a copy of which must be handed to the relevant person, the head of the relevant place, facility or premises immediately upon approval.
care will be provided in accordance with the definition of "care" in section 1 of the Act.
58.(1) Leave of absence may, subject to sub-regulation (2), be granted to a child in alternative care in terms of section 168(1) of the Act at any time and for a period not exceeding six weeks at any given moment.
where such leave is based only on staff shortages or on an absence of developmental programmes at a child and youth care centre during the holiday period.
59.(1) For the purposes of section 171(1) of the Act, the monthly fees payable by a provincial department of social development in respect of a child in alternative care in that province, must, upon transfer of that child to a child and youth care centre, or a person in whose care or temporary safe care that child has been placed in that province, be paid by the provincial department of social development to a child and youth care centre, or a person in whose care or temporary safe care that child has been transferred and placed.
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For the purposes of section 171(2) of the Act, the monthly fees payable by a provincial department of social development in respect of a child in alternative care in that province ("sending province"), must, upon transfer of that child to a child and youth care centre or to a person in another province ("receiving province"), be terminated by the sending province and must be paid, in accordance with the rates applicable in the receiving province.
The fees referred to in sub-regulation (3) are payable from the date of arrival of the child in the receiving province, by the provincial department of social development in such other province until the child is transferred, removed or discharged from the child and youth care centre or from the care of a person in such other province.
the outcome of which must be contained in a report that addresses all factors referred to in paragraph (b).
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The reports contemplated in sub-regulations (1)(c) and (2) may be combined in a single report and must be submitted to the provincial head of social development as soon as possible.
The procedure for assessing the best interest of the child and for the reunification of the child with his or her immediate family or other family members as prescribed in regulation 60 apply with the necessary changes required by the context in respect of the discharge of a child from alternative care.
who is to be discharged from alternative care in terms of section 175 of the Act, must be accompanied by a social worker, social service professional or escort, who must, be employed by the provincial department of social development or by an designated child protection organisation.
The travel arrangements for the child and the social worker, social service professional or escort for the purposes of subregulation (1) must be made by the child and youth care centre, or a person in whose care or temporary safe care the child is or the provincial department of social development.
The costs related to the transport of a child in terms of this regulation, including the costs of an escort, must be paid for out of funds made available for this purpose by the provincial department of social development.
must be given access to adequate overnight facilities, shelter and food in the event that the distance to be travelled requires staying over.
An application for the extension of placement in alternative care as contemplated in section 176(2) of the Act must be made in terms of regulation 28(3)(d) of the Regulations relating to the application for and payment of social assistance and the requirements or conditions in respect of eligibility for social assistance made under the Social Assistance Act 2004 (Act No. 13 of 2004).
Serious injury, abuse or death of any child in alternative care must be reported in terms of section 178(1) or (2) of the Act in a form identical to Form 40.
ensure that the child is treated in a manner substantially similar to other children living in the same household, except where the special needs of that child or any other child in the household require otherwise.
A foster parent must notify the designated social worker or designated child protection organisation, as the case may be, of any change of address.
A foster parent may not designate the day to day care of a foster child to any other person for a continuous period of one week without agreeing thereto with the designated social worker or designated child protection organisation.
A foster parent must notify the designated social worker or designated child protection organisation, as the case may be, within 14 days, of any material changes in his or her living circumstances, or his or her family's living circumstances, which are likely to have a material effect on the foster placement.
66.(1) A foster parent has the right to take all day to day decisions necessary for the care, upbringing and development of the foster child in his or her care.
A foster parent has the right to reasonable privacy of home life, and not to be subjected to threats, harassment and undue intrusions upon the exercise of his or her foster care responsibilities by biological parents or family members of the foster child.
A foster parent has the right to be informed by the designated social worker or the designated child protection organisation, as the case may be, of any fact or occurrence that may substantially affect the foster placement of the child in his or her care.
A foster parent has the right to apply for the adoption of the child and has the right to be informed of any application to adopt the foster child in his or her care.
A foster parent may give notice that he or she has been informed of a pending application for the adoption of a foster child in his or her care, and that he or she does not wish or is unable to adopt the child or to submit an application for the adoption of the foster child, in a form identical to Form 41.
A foster parent has the right to ongoing training and support from a social worker in order to enable such foster parent to deal effectively with a foster child and the child's biological parents.
A foster parent has the right to be informed about any investigation or assessment of his or her psycho-social background.
A foster parent has the right to be informed about the foster child's educational history, assessments and achievements to ensure the foster child's optimal educational needs.
is registered as a non-profit organisation in terms of the Non-profit Organisations Act, 1997 Act No.
has been approved by the provincial head of social development to provide cluster foster care.
Any organisation contemplated in section 183(1)(a) of the Act that wants to operate or manage a cluster foster care scheme must apply for that scheme to be registered with the provincial department of social development in a form identical to Form 42.
Upon granting an application contemplated in sub-regulation (1) the provincial head of social development must issue to the applicant a certificate of registration in a form identical to Form 43 and may impose such conditions as he or she deems necessary or expedient.
In rejecting an application for registration of a cluster foster care scheme, the provincial head of social development must duly inform the applicant of the rejection in a form identical to Form 44 by registered post and must furnish written reasons for such rejection.
Where a non-profit organisation seeks registration for more than one cluster foster care scheme such organisation must complete a form in respect of each scheme.
A head of a provincial department of social development may deregister a registered cluster foster care scheme if such scheme has failed to comply with any condition of registration or if such a scheme has failed to comply with any requirement for registration, provided that 90 days notice is given to the cluster foster care scheme in a form identical to Form 45 of the intention to deregister such scheme.
A cluster foster care scheme which has received a notice contemplated in sub-regulation (5) may make representations to the head of the department of social development of that province in a form identical to Form 46 within the 90 days notice contemplated in sub-regulation (5).
If a cluster foster care scheme is deregistered as contemplated in sub-regulation (5) after consideration of the representations contemplated in sub-regulation (6), the scheme must be notified thereof, together with the reasons for such decision, in a form identical to Form 47.
of the financial management, the programmes and services to be delivered in terms of that plan or agreement.
relating to mechanism by which foster children in a cluster foster care scheme can record any complaint regarding abuse or exploitation.
achievements and challenges.
An organisation contemplated in sub-regulation (1) must ensure that clearance certificates, to the effect that the names of any active members providing foster care to children in the scheme do not appear in Part B of the Register or the National Register for Sex Offenders, issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively.
entered into a formal agreement with a designated child protection organisation to provide the required social work services.
An organisation contemplated in sub-regulation (1) must ensure that the transfer of children between foster parents who are active members of that organisation is carried out in accordance with the procedure determined in section 171 of the Act.
cost saving mechanisms to be adopted to the benefit of the children in the cluster foster care scheme.
fulfil the social, cultural and religious needs of any child in cluster foster care.
involve active members of an organisation, as well as the children in cluster foster care, in identifying and seeking solutions to their problems.
The national norms and standards for child and youth care centres contemplated in section 194 of the Act are contained in Part V of Annexure B.
regular communicate with and be visited by his or her parent or parents, guardian, next of kin, social worker, probation officer, case manager, religious counsellor, health care professional, psychologist, legal representative, child and youth care worker, unless a court order or his or her care or development programme indicates otherwise or unless he or she chooses otherwise.
have access to community activities and structures unless a court order or his or her care or development programme indicates otherwise.
allow for fair procedures for those who have allegations made against them.
A child must, upon admission to the centre, be informed of the complaints procedure.
Core components and implementation of programmes relating to the developmental, therapeutic and recreational needs of children.
income generating activities.
counselling to children in child labour, commercial sexual exploitation and child trafficking.
awareness of the availability of programmes must be raised.
ensuring, through programmes and effective role modelling, that children are given opportunity and encouragement to demonstrate and practise positive behaviour.
behaviour modification such as punishment or reward systems or privilege systems, other than as a treatment or development technique within a documented individual treatment or development programme which is developed by a team including the child and monitored by an appropriately trained multi-disciplinary team.
A child may be isolated from other children, only if he or she cannot be managed and is deemed to be a danger to himself, herself or others, for a period of no longer than two hours, for the purposes of providing support and giving him or her time to regain control and dignity.
Any child isolated from other children must be under the constant observation of a social worker, child and youth care worker or psychologist, and must be provided with physical care, emotional support, and counselling which assists in reintegration into the group as soon as possible.
No child may be isolated or locked up as a form of discipline or punishment.
The room where a child is isolated may not be a bathroom or toilet, a windowless room, a basement room, vault or storeroom.
A register must be maintained which details the reasons for and the period of a child's isolation, together with a report on the support and counselling provided and the response of the child during the period of isolation.
any other unusual circumstances that are likely to affect the safety or well-being of any child at the centre.
78.(1) An application for the registration, conditional registration of a child and youth care centre by an organisation referred to in section 197 of the Act or renewal of such registration must be lodged with the provincial head of social development of the province in which the facility is situated in a form identical to Form 48.
a certificate issued by the relevant authority to the effect that the child and youth care centre complies with national and local building regulations.
clearance certificates issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively to the effect that the names of any member of the management board appointed in terms of regulation 84 and that of any employee do not appear in Part B of the National Child Protection Register or the National Register for Sex Offenders, respectively.
A provincial head of social development may allocate a designated social worker or social service professional to render assistance to an applicant in the preparation of an application for registration.
indicate in the notice referred to in paragraph (a) that the application is available for scrutiny, comment and objection for a period of 21 days after publication of the notice.
80.(1) The provincial head of social development must after receipt of the application as contemplated in regulation 78 consider the application in terms of section 200 of the Act.
Upon granting an application contemplated in regulation 78(1) the provincial head of social development must issue the certificate contemplated in section 200(1)(b) of the Act in a form identical to Form 49 and impose such conditions as he or she may consider necessary.
The provincial head of social development may grant the application referred to in sub-regulation (2) for a period not exceeding five years.
In refusing an application for registration or the renewal of registration of a child and youth care centre, the provincial head of social development must duly inform the applicant of the refusal in a form identical to Form 50 by registered post and must furnish reasons for such refusal.
If there is a deviation from the conditions and requirements for registration, in terms of the Act, on which the initial application for registration was granted, the holder of a registration of a child and youth care centre must, within 30 days of becoming aware of such deviation, apply to the provincial head of social development in the relevant province for an amendment of the registration.
The persons contemplated in section 209(1) must have some of the training and skills referred to in regulation 75 (1): Provided that where any such person is a professional whose profession requires registration, such person must be registered with the relevant professional body.
in the case of support staff referred to in regulation 82(e), the person or organisation (registration holder) referred to in section 209(1) of the Act can decide whether or not that position must be advertised and if so how.
a community representative from the community where the child and youth care centre is situated.
has knowledge and experience of the particular programme or programmes that the child and youth care centre is registered to provide.
In the case of support staff referred to in regulation 82(e) a person or organisation (registration holder) referred to in section 209(1) of the Act, can decide how the interview panel is to be constituted.
in order to allow for effective leadership transition, the Minister, MEC or the Mayor may extend the period of membership of any four members appointed by him or her, for a second five year period.
If a child and youth care centre is a privately operated child and youth care centre, the management board must be appointed by the registration holder in terms of the same procedure as contemplated in sub-regulation (1) and subject to the provisions of sub-regulations (3) and (4).
The registration holder may, instead of persons referred to in sub-regulation (1)(d)(i), appoint any other person that he or she deems appropriate.
No person who has not submitted a clearance certificate, to the effect that his or her name does not appear in Part B of the National Child Protection Register or the National Register for Sex Offenders, issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively, may be appointed to a management board.
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the board may decide on its own procedures regarding matters on which these regulations are silent, provided that there is consensus regarding such procedures, failing which the procedure set out in paragraph (d) must be followed.
Responsibilities of management board 86.
its members perform their duties in good faith and in a manner they reasonably believe to be in the best interests of the children residing in the child and youth care centre.
ensure that assets of the centre are maintained and protected.
A management board must ensure that it receives regular written reports from the manager.
87.(1) The manager of a child and youth care centre is responsible for the day to day operation of the child and youth care centre.
The manager and the management board must strive for a co-operative relationship characterised by openness and trust.
The management board is responsible for the approval of policy.
88.(1) Every child and youth care centre must operate according to a constitution or founding document.
dispute resolution procedures.
89.(1) Every child and youth care centre must undergo a quality assurance process, as required by section 211(1) of the Act and in terms of section 211(2) of the Act, within two years of registration of such centre.
The quality assurance process must be repeated periodically, at intervals of not more than three years from the date on which the previous quality assurance process was finalised.
Notwithstanding the provisions of sub-regulations (1) and (2) and subject to section 211(2) of the Act, the provincial head of social development may order a quality assurance process at any time, where she or he has reason to believe that such centre has failed to comply with any provision of the Act and any regulations made in terms of the Act.
An independent quality assurance team contemplated in section 211(2)(b) of the Act must be appointed by the provincial head of social development.
include any person the provincial head of social development may deem appropriate.
An applicant or a registration holder aggrieved by a decision of a provincial head of social development may appeal against such decision to the MEC for social development of that province in a form identical to Form 51 within 90 days of the receipt of such decision.
The national norms and standards for drop-in centres contemplated in section 216 of the Act are contained in Part VI of Annexure B.
92.(1) Subject to the provisions of sub-regulation (2), an application for the registration, conditional registration or renewal of registration of a drop-in centre must be lodged with the provincial head of social development of the province where the facility is situated in a form identical to Form 52.
If the performance of the functions contemplated in sections 217 and 218 of the Act has been assigned to a municipal manager or delegated to a social service professional in the employ of the municipality, an application contemplated in subregulation (1) must be lodged with the municipal manager of that municipality.
clearance certificates to the effect that the name of the applicant and the name of any employee do not appear in Part B of the National Child Protection Register or the National Register for Sex Offenders issued by the Director-General and the Director-General of Justice and Constitutional Development, respectively.
93.(1) Upon granting an application referred to in regulation 92(1), the provincial head of social development or, where the function has been assigned to a municipal manager in terms of section 225 of the Act, the municipal manager or social service professional concerned, must issue to the applicant a certificate of registration, conditional registration or renewal of registration in a form identical to Form 53.
The registration contemplated in sub-regulation (1) may be for a period not exceeding five years.
In rejecting an application for registration of a drop-in centre, the provincial head of social development or, where the function has been assigned to a municipality in terms of section 225 of the Act, the municipal manager or social service professional concerned, must duly inform the applicant of the refusal in a form identical to Form 54 by registered post or by hand delivery.
any disability, chronic medical condition or dietary requirement and any other critical information for the care and development of a child.
reports and notes on any injury to or bruises on the child observed during the child's admission at the drop-in centre including any observations which may relate to the possible abuse of the child.
A file must be kept of each staff member employed at, or volunteer providing services at, a drop-in centre.
A disciplinary register must be kept in which the name of the child, the nature of the behaviour and the disciplinary measure imposed.
Any register or file kept in terms of this regulation must be kept for a period of at least three years after the date of termination of attendance by a child at a drop-in centre.
Any irregular or dysfunctional behaviour of a child in a drop-in centre must be brought to the attention of the parent or the care-giver of the child, where their whereabouts are known.
Quarterly progress reports must be furnished to the parent or the caregiver of each child in a drop-in centre, where their whereabouts are known.
skills or training on child development.
proof of his or her skills or training.
Any person rendering services to children at a drop-in centre and who works directly with a child in such centre must be able to communicate with the child in a language, including sign language, which such child understands.
If a drop-in centre renders services to children with special developmental and behavioural needs, one or more persons with specialised skills in dealing with such children must be employed or available to provide such specialised services.
97.(1) An appeal by an applicant or a registration holder aggrieved by a decision of a provincial head of social development must be in a form identical to Form 56.
An appeal by an applicant or a registration holder aggrieved by a decision of an official in the employ of a municipality must be in a form identical to Form 57.
(Sections 228 - 253 of the Act) Register on Adoptable Children and Prospective Adoptive Parents 98.
of the Act and section 123(1)(c) of the Act must apply for such a person's name to be registered in the Register on Adoptable Children and Prospective Adoptive Parents referred to in section 232 of the Act.
An application as contemplated in sub-regulation (1) must be in a form identical to Form 58.
An adoption social worker who is satisfied that a child is adoptable as contemplated in section 230(3) of the Act must apply for such a child's name to be registered in the Register on Adoptable Children and Prospective Adoptive Parents referred to in section 232 of the Act.
An application as contemplated in sub-regulation (3) must be in a form identical to Form 59.
An application as contemplated in this regulation must be lodged with the Director-General.
The Director-General must inform a prospective adoptive parent and the adoption social worker who applied for registration or the renewal of such registration of his or her decision and provide the relevant registration number.
99.(1) An application for the adoption of a child may be lodged by any person contemplated in section 231(1) of the Act.
An application contemplated in sub-regulation (1) must be in a form identical to Form 60 and must be lodged with the clerk of the court in the district where the child is resident.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding children Page 42 of 137 regardless of whether they are married or not, in a form identical to Form 61, and of the child, where such child is a child referred to in section 233(1)(c) of the Act, in a form identical to Form 62, as required by section 233(1)(a) or section 233(1)(c) of the Act, as the case may be.
be accompanied by a report from an adoption social worker that the applicant is a prospective adoptive parent.
The consent forms referred to in sub-regulation (3)(b) and (c) must be signed in the presence of a presiding officer of the children's court as contemplated in section 233(6)(a) of the Act or in the case of consent given outside the Republic by a person referred to in regulation 100 as contemplated in section 233(6)(b) of the Act.
If consent to adoption is given outside the Republic, it must be signed in the presence of an officer in the service of a South African diplomatic or consular mission, or by a judge, magistrate, justice of the peace or public officer of the country concerned.
The presiding officer, in the case of consent given inside the Republic, or the persons referred to in regulation 100, in the case of consent given outside the Republic, must verify the identity of the person giving such consent against a valid identity document or a valid passport.
A child who wishes to withdraw the consent must do so in writing, in a form identical to Form 65, in the presence of any presiding officer with 60 days of such consent.
103.(1) A post adoption agreement contemplated in section 234 of the Act must be in a form identical to Form 66.
A party to a post adoption agreement must inform all other parties to such an agreement of any change to any of the particulars referred to in sub-regulation (1) within seven days of such change.
104.(1) In order to establish the name and address of each person whose consent for an adoption is required in terms of section 233 of the Act, the clerk of the children's court must request the relevant accredited child protection organisation or the relevant adoption social worker to provide him or her with the name and address of such persons.
If the name or address of the person whose consent for adoption is required is not known, the relevant accredited child protection organisation or the relevant adoption social worker may employ a tracing agency or may place an advert in a newspaper in order to obtain the required details.
the child's identity document or birth certificate or where these are not available, a sworn statement to that effect by an adoption social worker.
Upon receipt of the documents contemplated in sub-regulation (1) the Adoption Registrar must register such information in the adoption register.
the remaining copy of the adoption order to the relevant clerk of the children's court.
106.(1) If the High Court concerned rescinds an order of adoption in terms of section 243 of the Act, the Registrar of that Court must submit a copy of the court order to the clerk of the relevant children's court.
The clerk of the relevant children's court must, upon receipt of the court order, notify the Director-General of Home Affairs in terms of the Births, Marriages and Deaths Registration Act, 1992 (Act No. 51 of 1992), of that order.
The clerk of the court referred to in sub-regulation (2) must submit one copy of the court order to the Adoption Registrar who must deregister the adoption.
Origin enquiry/tracing R200, 00 per hour.
Any adoption social worker who has registered a speciality in adoption services in terms of the Social Service Professions Act, 1978 (Act no. 110 of 1978) and any organisation designated as a child protection organisation in terms of section 107 of the Act may apply for accreditation in terms of section 251 (1) of the Act.
A child protection organisation accredited to provide adoption services may, for purposes of recruitment, publish advertisements in one national newspaper and one local newspaper circulating in the area where such organisation has it business premises.
Any organisation designated as a child protection organisation in terms of section 107 of the Act may apply to the Central Authority for accreditation in terms of section 259(1) of the Act.
the reasons why the applicant wishes to adopt a child.
In the event of more than one applicant applying jointly for the adoption of a child, the information set out in subregulation (1) must be provided in respect of each applicant.
112.(1) In addition to the requirements set out in article 16 of the Hague Convention on Inter-country Adoption, the report on a child required by section 261(3) or 262(3) of the Act must be a comprehensive child study report compiled by an adoption social worker employed by a designated child protection organisation.
the child's consent, if he or she is ten years of age or older, which must be annexed to the report.
The order for adoption granted in terms of section 261(5) or 262(5) of the Act must be issued by the children's court in a form identical to Form 67.
114.(1) Where the Central Authority of the Republic withdraws its consent to an inter-country adoption given to a convention country pursuant to section 261(6) or 262(6) of the Act, the Central Authority of the Republic must forward a letter setting out the withdrawal of consent to the Central Authority in the convention country with whom the agreement was made, requesting co-operation for the return of the child to the Republic.
The letter contemplated in sub-regulation (1) must be forwarded electronically or through a postal service.
The request for co-operation contemplated in sub-regulation (1) must be stipulated in specific terms, including the time when and the place where the child has to be handed over to an identified representative of the Central Authority of the Republic.
The Central Authority of the Republic must appoint an escort to accompany a child on his or her return to the Republic, who must be a suitably qualified or experienced person employed by the Department or by a designated child protection organisation.
The costs related to the return of the child, including the costs of the person appointed to escort the child, must be paid for out of funds made available for this purpose by the Central Authority of the Republic.
The Central Authority of the Republic must, within seven days of the child's arrival in the Republic, effect an appropriate amendment to the adoption register established in terms of section 247 of the Act and notify the Director-General of the Department of Home Affairs of the child's return.
Children must experience safety and feel cared for whilst at the partial care facility.
Premises inside and outside must be safe, clean and well-maintained.
Equipment used must be safe, clean and well-maintained.
There must be adult supervision at all times.
The structure must be safe and weatherproof.
Floors must be covered in washable and easy to clean material that is suitable for children to play and sleep on and walls must be safe and easy to clean.
All reasonable precautions must be taken to protect children and staff from the risk of fire, accidents or other hazards.
Safety measures must be undertaken when transporting children.
transport operators transporting children are registered, suitably trained, screened against Part B of the Child Protection Register and possess the necessary licences and permits as prescribed by the National Land Transport Transition Act, 2000 (Act No.
there is no overloading of children in vehicles.
Staff must have the ability to identify children who are ill and be able to refer them for appropriate health services.
Policies and procedures relating to the health care of children whilst at the partial care facility must be in place.
guidelines for preventing the spread of diseases at the partial care facility.
in cases of emergency, the child must be taken to the nearest hospital or clinic for treatment and appropriate referral.
records of health incidents and accidents occurring at the facility.
Every partial care facility must have a first-aid kit.
The partial care facility must have adequate ventilation and sufficient light.
Space for different activities and functions must be clearly demarcated.
Where applicable, new buildings and alterations to buildings must comply with the building standards as set out by the National Building Regulations and Building Standard Act, 1997 (Act No. 103 of 1997).
Safe and clean drinking water must always be available.
Where water is not from a piped source, it must be treated and made safe using approved national health guidelines for the treatment of water by adding one teaspoon of bleach to 25 litres of water.
All water containers must be covered at all times.
Partial care facilities catering for toddlers must have potties, toilets and washbasins.
Toilet and hand washing facilities must be reachable for children over the age of three years.
there must be a clearly demarcated nappy changing area with a surface that can be easily cleaned. This area must be situated away from the food preparation area.
all toilets must be safe and hygienic.
one toilet and one hand washing basin for every 20 children.
There must be adult supervision at all times when children use the toilet.
Where applicable the local authority regulations and by-laws in respect of physical characteristics of building and health requirements must be adhered to.
Medicine, cleaning substances and any dangerous substances must be kept out of reach of children.
Medicine and dangerous substances must be kept in separate locked or childproof cupboards.
Dangerous objects, materials, sharp instruments and utensils must be kept out of reach of children.
Dangerous substances may not be used in the vicinity of children.
Electrical plugs must be covered.
Paraffin, gas and other electric appliances must be kept out of reach of children.
Cleaning agents must be kept in clearly marked containers and out of reach of children.
Where possible, refuse must be disposed of according to municipality regulations.
Waste disposal methods must be safe and covered.
Waste must be kept out of reach of children.
Waste disposal areas must be disinfected regularly.
There must be a separate, clean and safe area for the preparation of food as well as for cleaning up after food preparation.
There must be a separate clean and safe area for serving food to the children.
There must be cooling facilities for storage of perishable food.
The food preparation area must be clearly marked and out of reach of children.
There must be a sufficient supply of clean water as well as cleaning agents.
There must be sealed containers to store all prepared food before serving such food.
children between the ages of four and six years.
Where a partial care facility provides after care facilities to children of school going age, these children must be kept separate from the the children in the abovementioned age groups in order to ensure that they are able to rest and complete their homework upon their return from school.
Where more than 50 children are enrolled for a full day at a partial care facility, there must be a separate room or place to be used as an office and as a sickbay.
Reasonable precautions to protect children from risk of fire, accidents and other hazards must be taken.
Policies and procedures for dealing with structural and environmental emergencies and disasters must be in place.
Emergency procedures with relevant contact details must be visibly displayed.
Emergency plans must include evacuation procedures.
Emergency plans must be up-to-date, regularly tested and reviewed.
Staff must be trained in dealing with emergencies.
Children must be made aware of emergency procedures.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding children Page 48 of 137 11.
promote ongoing staff training and development on keeping a healthy environment, identifying illnesses, preventing the spread of diseases and infectious diseases as well as promoting universal health precaution.
be organised in a way that each day offers variety and creative activities.
Children must receive care, support and security.
Programmes must promote children's rights to rest, leisure and play through the provision of a stimulating environment.
Programmes must promote self discovery.
Programmes must be evaluated and monitored.
Programmes must promote and support the development of motor, communication and sensory abilities in children.
Programmes must promote self control, independence and developmentally appropriate responsibility.
Activities must promote free communication and interaction amongst children.
Programmes must respect and nurture the culture, spirit, dignity, individuality, language and development of each child.
Creative play and exploratory learning opportunities must be provided to children.
discipline must be effected in a humane way and promote integrity with due regard to the child's developmental stage and evolving capacities.
programmes must adhere to policies, procedures and guidelines related to health, safety and nutrition practices.
all meals and snacks should meet the nutritional requirements of children; and (dd) where children are bottle-fed, a suitable facility must exist for cleaning the bottles; and (ee) children must be supervised by an adult at all times.
for every staff member stipulated above, there must be an assistant.
Programmes must promote understanding of and respect for diversity in gender, language, religion and culture.
Activities must include parents and care-givers in the development of positive social behaviour in children.
Programmes must promote the development of positive social values.
Programmes must be conducted in a non-discriminatory manner.
Staff must demonstrate behaviour that promotes positive behaviour by modelling attitudes and interactions with children.
Programmes must promote appreciation and understanding for children's culture and language.
Educators must utilize one medium of instruction in class.
Children must be allowed to communicate in the language of their choice and preference outside class.
Cultural diversity must be encouraged and respected by educators and children alike.
Programmes may, where appropriate, facilitate late birth registration.
Programmes must contribute to the development of a sense of identity in children.
Programmes must be appropriate to the developmental stages and evolving capacity of children.
Programmes must ensure that parents and care-givers are involved in the development of children.
Programmes must provide education and support to parents, caregivers and families to fulfil their responsibilities towards child-rearing and the holistic development of their children.
Programmes must be accessible to especially vulnerable children in their homes.
For children up to three years of age, programmes should, as much as possible, include household visits for increased accessibility to children.
Programmes must promote cognitive development in children.
Programmes must promote the development of fine sensory and motor skills in children.
Activities must promote a positive relationship between the centre, families and the community.
Programmes must teach age appropriate self control and independent behaviour.
Existing community resources and strengths must be utilised in promoting the development of children.
The emotional needs of children must be addressed and children must be encouraged to express their emotions in a safe, supportive and protective environment.
Parents, care-givers and families of vulnerable children, children with disabilities and child-headed households must be provided with information, knowledge and skills to promote the development of their children.
Children must be enabled to develop a positive sense of identity and self worth.
Programmes must be based on an integrated approach.
Children should feel valued and respected when participating in activities.
if applicable, ensure that early intervention decisions are based on developmental assessment.
sensitive to the child's need for support and assistance during assessment, especially for children with disabilities.
be reviewed on a regular basis according to the needs of recipients.
be home based and community based.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding children Page 52 of 137 5.
facilitate the participation of family members and be aimed at the empowerment of families.
ensure that care plans and individual development plans are reviewed regularly by the social worker managing the foster care with the participation of the child and foster parents, within their respective abilities.
ensure that care plans and individual development plans are reviewed regularly.
provide for services to biological parents focusing on crisis intervention and life skills.
be clear on goals and expectations.
be based on accepted policies, legislation and programmes.
Siblings in a child-headed household should, as far as is reasonably possible and practicable, remain together.
The right to family life of any child-headed household should be promoted in accordance with the objectives of the Act.
The independent functioning of a child-headed household must be promoted as far as is reasonably possible.
Support to child-headed households must be aimed at enhancing the capacity of the children living in the child headed household to function as a family.
Children must experience safety, support, security and feel cared for while living in a child-headed household, and have their basic needs met.
Adequate nutrition, water and means for preparing food must be available to meet the basic needs of the children in a child-headed household.
Adequate care of the health of children living in child-headed households must be undertaken.
Children living in child-headed households must be able to benefit from the right to rest, leisure and play.
A child-headed household must respect and nurture the culture, spirit, dignity, individuality, language and development of each child living in that household and children must be encouraged to develop positive social values.
The resources available to the household must be used equitably to promote the well-being of all children living in a child-headed household.
Children living in child-headed households must have access to psychosocial support.
must benefit from official registration of their births in terms of the Births and Deaths Registration Act, 1992 (Act No.
must benefit from social assistance, as provided for in the Social Assistance Act, 2004 (Act No.
must be enabled to develop the skills necessary to participate in social and economic life.
assisted to maintain and preserve any property belonging to the household, where such children wish to preserve such property, but may freely dispose of property in the best interests of the household.
must as far as is reasonably possible be protected from community risk factors.
vocational programme or other form of support necessary to ensure the optimal development of such child.
be consulted in any investigation by a designated social worker contemplated in section 150(2) and (3) of the Act.
in respect of whom an adult has been appointed in accordance with section 137(2) of the Act, or in respect of whom an investigation has been concluded in terms of section 150 of the Act, where no finding has been made that the child or children are in need of care and protection, are entitled to be visited on a regular basis, and not less than once every two weeks, for the purposes of monitoring and supervision.
The child heading the household must give effect to the norms and standards contained in this Annexure to the maximum extent reasonably possible, bearing in mind the child's age, maturity and stage of development, to ensure that other children living in the child headed-household are assured of their rights to survival and development and to protection from harm.
be sensitive to language, religious, cultural norms and beliefs of communities.
provide information on community risk factors and available resources to address them.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding children Page 58 of 137 3.
be sensitive to the linguistic needs, religious and cultural norms and values of children and their families.
have a system for monitoring and assessing impact of programme.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding children Page 59 of 137 5.
aimed at parenting skills and capacity development programmes.
Placement of a child in temporary safe care must be based on the assessment of the needs of the child.
Temporary safe care must promote the safety, security, dignity and well-being of the child.
Temporary safe care service providers must be properly screened and approved in the manner contemplated in regulation 57.
Temporary safe care service providers must demonstrate the ability to deliver an effective and efficient service to the child.
Temporary safe care may not be disruptive to the child's life and regular routine.
Temporary safe care must allow access to the child by relevant persons, including the parent, guardian, care giver, next of kin or other professional as the need may be, if it is in the best interest of the child.
The identity and location of temporary safe care may not be revealed to the alleged offender or any person not acting in the best interests of the child for the protection of the child.
Temporary safe care must be sensitive to the linguistic needs, religious and cultural norms and values of children and their families.
There must be continuous monitoring and assessment of the well-being of a child in temporary safe care.
may be conducted by a multi-disciplinary panel.
Children must be received in a manner and a climate which is caring and safe, and which minimises trauma and maximises developmental opportunity during engagement or admission processes.
Children must receive services in a safe environment in which they are protected from physical, social and emotional harm.
Children must be accommodated in a safe, healthy, well-maintained environment, which provides appropriate access to the community and which meet their needs in terms of privacy, safety and wellbeing..
All reasonable measures must be taken to ensure that children and staff are safe from the risk of fire, accidents and other hazards..
The privacy and confidentiality of children must be respected and protected.
A child must have access to legal or other assistance to prepare for any court process that he or she is involved with.
Children must receive emotional and social care which enables quality interaction with adults and peers, and which promotes positive, sustained relationships at school and with families, significant others and friends.
Every child and youth care centre must offer a residential care programme that provides a therapeutic environment for the care and development of children.
Every child must receive an effective and appropriate developmental assessment and referral service which should lead to appropriate placement.
Every child must be provided with the capacity and support which enables constructive and offensive social behaviour.
Therapeutic programmes must be conducted by service providers with appropriate training, support, supervision and mentoring.
Therapeutic programmes must be conducted in a non-discriminatory manner.
Therapeutic programmes must minimise secondary abuse and trauma.
Therapeutic programmes must ensure that recipients are free to express dissatisfaction with service providers and that concerns and complaints are addressed seriously.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding children Page 62 of 137 children and their families.
A child's development plan and programme must be based on an appropriate and competent assessment of his or her developmental needs and strengths.
Every child in a child and youth care centre must have a plan and programme of care and development.
Every child in a child and youth care centre must participate in formulating their care and development plans and must be informed of those plans.
Every child in a child and youth care centre must have a permanency plan based on a developmental assessment of the child.
The child must participate in the development of the permanency plan and be informed about the plan and any changes to it.
Children must receive services in accordance with their individual development plan which facilitates their wellbeing within a temporary programme and which enables them, where necessary, to make a successful transition to new circumstances.
Every child in a child youth care centre has the right to a permanency plan, which include reunification, security and life-long relationships.
Every child has the right to participate in formulating his or her individual development plan and to be informed about their plan, and to be involved in decisions to make changes to their plan.
The individual development plan must be based on an appropriate and competent assessment of their developmental needs and strengths and, where reasonably possible, be in the context of their family and community environments.
The family of the child, or other persons with bonds to the child, must be involved in the child's individual development plan unless it is shown that this would not be in the best interests of the child.
There must be a review of each child's placement and individual development plan at least once every six months while the child remains in the centre.
Every child and youth care centre must provide temporary safe care to children if appropriate and if the centre allows for it.
Every child should be placed in temporary safe care for the shortest period possible and for the minimum number of days per week appropriate to their needs.
After reception of a child, a developmental assessment must take place to evaluate a more permanent placement of the child.
Children in conflict with the law must be offered the option of diversion in a manner which protects their rights and involves them and their families in decision making.
Children must be given information about their rights and responsibilities within the programme in a manner and form which takes into account their age.
Children in child and youth care centres should be received in a caring and safe climate which minimises trauma and maximises developmental opportunity.
The environment should protect children from physical, social and emotional harm, and threats of harm from themselves and others.
Children must be given information about their rights and responsibilities within the programme.
Children must be informed about policy and procedure regarding reportable incidents or actions and must be provided with information and knowledge which ensure that they can use these procedures effectively when needed.
Assessment of a child in a child and youth care centre must be undertaken by a multi-disciplinary team.
The initial assessment must take place within 48 hours of the child's admission to the centre, and there must be regular reviews of the process.
Assessment must be strengths-based, holistic and appropriate to the child's culture, language and developmental stage.
Assessment must be done with the participation of the child and, as far as it is reasonably possible, with the child's family.
The assessment process must aim to increase insight and competency and must include shared decision-making.
Assessment processes and documentation must be of such a nature that they can be used at the point of reception, and do not need to be repeated.
Every child should have a care plan which aims to provide life-long relationships with their family or appropriate alternative and re-integration in the family and community within the shortest possible time-frame.
Children should receive after care programmes focussing on support in terms of training and education, employment, independent living, family and community integration and psychosocial support.
treatment for children addicted to dependence producing substances in terms of section 191(3)(c) of the Act, such care or treatment.
where there are a large number of babies in a centre, such care or treatment.
All children in child and youth care centres must have access to schooling, education, other appropriate training, skills programmes or early childhood development programmes where appropriate.
The education must as far as possible, be accessed at a school or other training facility in the community.
Where children cannot access education or other appropriate training in the community, such education or training must be provided at the child and youth care centre.
Children must experience safety and feel cared for.
Premises must be safe.
A first aid kit must be available and maintained.
Where obvious signs of injury or trauma are detected, a child must be referred to a hospital or clinic for further assessment and treatment, and his or her parents or care-giver be informed thereof as soon as possible, if their whereabouts are known.
Where it is suspected that a child may have been abused and in need of child protection services, such child must be referred to a designated child protection organisation.
Measures for the separation of children in secure care programmes from children in other programmes.
Children in secure care programmes must as far as reasonably possible be kept separately from children in other programmes. Such children must be separated at night, and where they are not separated during the day this must be managed as part of a residential care programme that provides appropriate containment.
Children in secure care programmes who are awaiting trial and children in secure care programmes who have been sentenced may be housed in the same facility, provided that the child and youth care centre is registered to provide appropriate programmes for such children, and that the residential care programmes provide for appropriate containment.
Children must experience safety and feel cared for while at a drop-in centre.
Premises inside and outside must be clean, safe and maintained to a reasonable standard.
Equipment used must be safe, clean and well maintained.
A first aid kit must be available and maintained, and persons providing services at a drop-in centre must be trained to administer it.
Any substances, cleaning materials or dangerous objects must be safely stored and kept out of reach of children.
Where obvious signs of injury or trauma are detected, a child must be referred to a hospital or clinic for further assessment and treatment, and his or her parents or care-giver informed as soon as possible, if their whereabouts are known.
Inhumane and degrading treatment and punishment of children in a drop-in centre is prohibited..
Where water is not from a piped source, it must be treated and made safe using approved national guidelines for the treatment of water by adding one teaspoon of bleach to 25 litres of water.
There must be safe and hygienic toilet and hand washing facilities.
Where sewerage systems are available, there must be one toilet and one hand washing facility for every 40 children.
Where no running water is available, there must be a minimum of 25 litres of drinkable water per day, bearing in mind the period of time for which the drop-in centre is open.
Where no washbasins are available, one suitable container for every 20 children must be made available, provided that such container is cleaned regularly and closed.
Waste disposal areas must be regularly disinfected.
There must be a separate space for the serving of food to children.
There must be a cooling facility for the storage of perishable food.
There must be a facility for the storage of food.
I confirm that the child to undergo the virginity test has received proper counseling about the risks, benefits and social implications of a virginity test.
I confirm that I have received sufficient proof that the child to undergo virginity test is 16 years or older.
â¡ The voluntary nature of the test I have given the child an opportunity to ask questions relating to the above.
REVERSE SIDE OF FORM 1 Part 3.
I understand that the results of the virginity test will be confidential unless I give my consent for the results to be disclosed. I believe that I have sufficient information to give this informed consent.
· I confirm that I have received sufficient proof that the child is 16 years or older.
· I confirm that appropriate conservative treatment has been used and a circumcision is medically Necessary (if administered by a medical practitioner). · I confirm that appropriate anesthesia will be used (if administered by a medical practitioner).
The nature of a circumcision.
The different methods to perform a circumcision.
I have given the child an opportunity to ask questions.
I, (insert name) · understand that a circumcision is going to be performed on me, and that I am voluntarily undergoing this surgical procedure. · understand the nature and implications as well as any risks and possible consequences of a circumcision that have been explained to me. · confirm that I have been given an opportunity to ask questions. · consent to a circumcision but understand that I may at any time before the procedure withdraw my consent. · confirm that I have been given the opportunity to refuse the circumcision in terms of section 12(10) of the Act.
I, (insert name) have assisted the child to consent to a circumcision and declare that the child is over the age of 16 years but under the age of 18 years and is, to the best of my knowledge, of sufficient maturity and has the mental capacity to understand the benefits, risks, social and other implications of a circumcision.
I confirm that the child has been given the opportunity to refuse the circumcision in terms of Section 12(10) of the Act.
â¡ Other information (if any): I have given the person giving consent an opportunity to ask questions.
· understand that a religious circumcision is going to be performed.
· understand the nature and implications as wellcircumcision that have been explained to me/us.
· confirm that l/we have been given an opportunity to ask questions.
· consent to a religious circumcision but understand that l/we may at any time before the procedure withdraw my/our consent.
Mother or Holder 1.
Details of further co-holders of parental responsibilities and rights in respect of whom this parental responsibilities and rights agreement applies must be furnished on a separate page and attached to this Form as an annexure.
Details of additional children in respect of whom this parental responsibilities and rights agreement applies must be furnished on a separate page and attached to this Form as an annexure.
(being the mother of/person having parental responsibilities and rights in respect of (insert child or children's names) hereby agree to confer those parental responsibilities and rights as set out in the attached documents upon (insert name of father/other person having an interest in the care, well-being and development of the child).
hereby apply for registration of the attached parental responsibilities and rights agreement at the Office of the Family Advocate to be made an order of the honorable court.
Details of further co-holders of parental responsibilities and rights in respect of whom this application applies to be furnished on a separate page and attached to this Form as an annexure.
Details of additional children in respect of whom application applies to be furnished on a separate page and attached to this Form as an annexure.
hereby apply for registration of the attached parenting plan at the Office of the Family Advocate/ hereby apply for the attached parenting plan to be made an order of the honorable court (delete whichever is not applicable).
I certify that the above-mentioned particulars are, to the best of my knowledge, true and correct.
the following partial care facility has been registered in terms of section 82 of the Act the following partial care facility has been conditionally registered in terms of section 83 of the Act; the registration of the following partial care facility has been renewed in terms of section 82 of the Act the registration of the following partial care facility has been conditionally renewed in terms of section 83 of the Act the reinstatement of the following partial care facility has been approved in terms of section 84 on (insert date).
The reasons provided by the provincial head of social development for his or her decision are attached. My reasons for appealing against the decision are attached.
NOTE: The appeal must be lodged with the MEC for social development in the province where the decision was taken by the provincial head of social development.
The reasons provided by the municipal official for his or her decision are attached.
My reasons for appealing against the decision are attached.
· a clearance certificate that the name of the applicant does not appear in the National Register for Sex Offenders established by Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 Of 2007 or in Part B of the National Child Protection Register established by Part 2 of Chapter 7 of the Act.
has been conditionally registered in terms of section 97 of the Act; or has been renewed in terms of section 97 of the Act.
The reasons provided by the municipal official for his or her decision are attached. My reasons for appealing against the decision are attached.
NOTE: The appeal must be lodged with the municipal council of the municipality where the decision was taken.
Are the Admission / Registration forms up to date Yes/N?
Are there job descriptions for all staff Yes/N?
Is there a Staff Development Plan Yes/N?
Comments: Children's work displayed Yes/No Appropriate books available Yes/No Creative materials available Yes/No Puzzles available Yes/N?
Pursuant to section 110 of the Children's Act, 2005, and for purposes of section 114(1)(a) of the Act, you are hereby advised that a child has been abused in a manner causing physical injury/ sexually abused/ deliberately neglected or is in need of care and protection.
Refusal to assume parental responsibility â¡ Neglectful supervision â¡ Abandonment 6.
Mild â¡ Moderate â¡ Severe â¡ Unknown 6.
â¡ Reg.
I declare that the particulars set out in the above mentioned statement are true and correct to the best of my knowledge.
Pursuant to section 110 of the Children's Act, 2005, and for purposes of section 114(1)(a) of the Act, you are hereby advised that we have received a report that a child has been abused in a manner causing physical injury/sexually abused/deliberately neglected or is in need of care and protection. * Kindly include the parti culars listed below in Part A of the National Child Protection Register.
11.1 Police intervention: 11.
You are hereby requested to issue a written notice to the alleged offender in terms of section 153 of the Children's Act, 38 of 2005, and to take such other steps as required by that section.
Pursuant to section 114(1) (b) and (c) of the Children's Act, (No. 38 of 2005,) you are hereby advised that a person has been convicted on a charge involving the abuse or deliberate neglect of a child / a finding has been made by a children's court that a child is in need of care and protection because of abuse or deliberate neglect. * Kindly include the following particulars in Part A of the National Child Protection Register.
has been lodged by the convicted person on . DD /MM.. / CCYY...
In terms of section 117 of the Children's Act, 38 of 2005, I (full names and surname) wish to inquire whether my name is included in Part A of the National Child Protection Register.
In the event that my name is included in Part A of the Register, kindly furnish reasons why this was done. Please note that section 117 of the Act requires you to respond to this enquiry within 21 working days.
In terms of section 122 of the Children's Act, (No. 38 of 2005), you are hereby advised that a finding has been made by a court or administrative forum that a certain person is unsuitable to work with children. Kindly include the following particulars of this person in Part B of the National Child Protection Register.
In terms of section 126 of the Children's Act, 38 of 2005, I (full names and surname) wish to inquire whether the name of a person in my employ or that I wish to employ appears in Part B of the National Child Protection Register.
In the event that his/her name is included in Part B of the Register, kindly furnish reason why this was done. Please note that section 126 of the Act requires you to respond to this inquiry within 21 working days.
Personal details of person employed or to be employed.
In terms of section 126 of the Children's Act, 38 of 2005, I (full names and surname) wish to inquire whether my name is included in Part B of the National Child Protection Register.
In the event that my name is included in Part B of the Register, kindly furnish reason why this was done. Please note that section 126 of the Act requires you to respond to this Inquiry within 21 working days.
In terms of section 128(2)(b) of the Children's Act, (No. 38 of 2005), I wish to apply for the removal of my name and particulars from Part B of the National Child Protection Register. A certified copy of one of the following documents is attached as verification of my identity.
Please note that regulation 51(1)(b) requires you to notify me of the outcome of this application within 21 working days.
Pursuant to section 128 of the Children's Act, 38 of 2005, you are hereby advised that the court has considered an application by a person whose name and information have been included in Part B of the National Child Protection Register to be removed from the Register. In the event that the application had been successful as reflected below, kindly remove the name and any information pertaining to the applicant from the Register without delay.
â¡ I (insert name) duly authorized, hereby give consent for the medical treatment to be given to/surgical operation to be performed upon (delete whichever is not applicable) (insert child's name).
â¡ I (insert name), duly authorized, do not consent to the medical treatment/ the performance on the surgical operation applied for.
I have given the child an opportunity to ask questions relating to the above.
I have satisfied myself that the child is 12 years or older and is of sufficient maturity and has the mental capacity to understand the risks, benefits, social and other implications of the surgical operation.
I have satisfied myself that (insert name of parent(s)/guardian(s)) has duly assisted the child to give consent to the surgical operation.
Part C Consent of the child.
I (insert child's name) understand the risks and benefits and possible consequences of this surgical operation that have been explained to me, and I confirm that I have been given an opportunity to ask questions about my condition, alternative forms of treatment, and the risks of non-treatment, and possible consequences of the surgical operation.
I believe that I have sufficient information to give my informed consent, and do so freely.
I (insert name of parent(s) or guardian (s) assisting the child to consent to a surgical operation confirm that the child is 12 years or older and is of sufficient maturity and has the mental capacity to understand the benefits, risks, social and other implications of the following surgical operation has been duly assisted by me to furnish consent.
I have given the child parent an opportunity to ask questions relating to the above.
I have satisfied myself that the child parent is 12 years or older and is of sufficient maturity and has the mental capacity to understand the risks, benefits, social and other implications of the surgical operation upon (insert name of child upon whom surgical operation is to be performed).
I have satisfied myself that (insert name of parent(s)/guardian(s)) has duly assisted the child giving consent to the surgical operation.
Part C Consent of the child parent.
I, (insert name of child parent) understand that the following surgical operation is going to be performed (insert type of surgical operation): on (insert name of child upon whom surgical operation to be performed).
I understand the risks and benefits and possible consequences of this surgical operation that have been explained to me, and I confirm that I have been given an opportunity to ask questions about the health condition of my child, alternative forms of treatment, and the risks of non-treatment, and possible consequences of the surgical operation.
I (insert name of parent(s) or guardian (s)) assisting the child parent to consent to a surgical operation) confirm that he / she is 12 years or older and is of sufficient maturity and has the mental capacity to understand the benefits, risks, social and other implications of the following surgical operation (insert type of surgical operation), and that (insert name of child) has been duly assisted by me to furnish consent.
Authority is hereby given for the placement of the following child/children until this authority is confirmed by the presiding officer of a children's court.
has been abandoned or orphaned and is without any visible means of support displays behaviour which cannot be controlled by the parent or caregiver lives or works on the streets or begs for a living is addicted to a dependence-producing substance and is without any support to obtain treatment for such dependency has been exploited or lives in circumstances that expose the child to exploitation lives in or is exposed to circumstances which may seriously harm that child's physical, mental or social well-being may be at risk if returned to the custody of the parent, guardian or care-giver of the child as there is reason to believe that he or she will live in or be exposed to circumstances which may seriously harm the physical, mental or social well-being of the child is in a state of physical or mental neglect is being maltreated, abused, deliberately neglected or degraded by a parent, a care-giver, a person who has parental responsibilities and rights or a family member of the child or by a person under whose control the child is.
§ a designated social worker within 24 hours.
§ The parent/guardian/care-giver must be informed of the date, time and place of the review of the detention of the child/children and the right to furnish the court with information which must be the first court day after the removal of the child. The person issuing this authority must bring the child/children or cause the child/children to be brought before the children's court of the district of removal.
§ The place where the child is placed in temporary safe care must report to the children's court concerned if the placement is not confirmed by court order within seven days.
You are hereby advised to attend proceedings of the children's court where a decision will be made as to whether (full names and surname of child) is in need of care and protection.
File no Court file no.
In view of the above information I am of the opinion that (name(s) of child/children) is/are* in need of care and protection/not in need of care and protection* as described in section 150(1)/150(2) *(quote applicable subsections if found to be in need of care) of the Children's Act 38 of 2005.
N. RECOMMENDATION (Indicate which order or orders in terms of section 156 of the Act, INCLUDING AN ORDER IN TERMS OF SECTION 46, would be appropriate to the child -section number and subsection to be reflected.
A. Serious injury or abuse of child in alternative care.
Pursuant to section 178 of the Children's Act, 38 of 2005, you are hereby informed that a child in alternative care has been seriously injured or abused.
Pursuant to section 178 of the Children's Act, 38 of 2005, you are hereby informed that a child in alternative care has died.
I declare that the information set out above is true and correct to the best of my knowledge.
Note: Separate form must be used for each child.
· Details of the proposed management of the scheme, including financial management and the manner in which foster parents will be recruited.
· a clearance certificate that the name of the applicant and any office bearers referred to in this application do not appear in the National Register for Sex Offenders established by Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 and in Part B of the National Child Protection Register established by Part 2 of Chapter 7 of the Act.
It is hereby certified that the following cluster foster care scheme managed or operated by (insert name of nonprofit organisation managing or operating the cluster foster care scheme on insert date).
I, by the authority vested in me by the Children Act, 2005, hereby give 90 days notice, which expires on that the registration of the above-named cluster foster care scheme will be withdrawn, and must thereafter cease operating as a foster placement for children.
Name of cluster foster care scheme.
Address of cluster foster care scheme.
Physical addres of cluster foster care scheme.
· The reasons provided by the Head of Social Development of the decision are attached.
· Representative of cluster foster care scheme. My reasons for representation against the decision are attached.
I, by the authority vested in me by the Children's Act, 2005, hereby give notice that the registration of the above-named cluster foster care scheme will be withdrawn and must thereafter cease operating as a cluster foster care scheme for children.
· clearance certificates that the names of any Board member appointed in terms of regulation 15 and the names of any employee do not appear in the National Register for Sex Offenders established by Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 and in Part B of the National Child Protection Register established by Part 2 of Chapter 7 of the Act as prescribed by regulation 78(2).
the following child and youth care centre has been registered in terms of section 200 of the Act; the following child or youth care centre has been conditionally registered in terms of section 201 of the Act; the registration of the following child and youth care centre has been renewed in terms of section 200 of the Act; or on (insert date) until (insert date) to accommodate children (insert number).
The Department of Social Development will provide the following assistance to the child and youth care centre to comply with the conditions of registration and the national norms and standards.
The reasons provided by the provincial head of social development for his or her decision are attached. My reasons for appealing against the decision are also attached.
the following drop-in centre has been registered in terms of section 219 of the Act; the following drop-in centre has been conditionally registered in terms of section 220 of the Act; or the registration of the following drop-in centre has been renewed in terms of section 219 of the Act.
on (insert date).
I (full names) in my capacity as the Mayor of the (name of municipality) and duly authorized thereto hereby agree that the functions contemplated in sections 217,218,219,220,221,222 and 224 (delete which is not applicable) of the Children's Amendment Act,2007 (Act No.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding childre Page 125 of 137 1.
I (full name) an adoption social worker hereby apply for the registration of a prospective adoptive parent(s).
I declare that I am in the process of matching prospective adoptive parents with an adoptable child.
I declare that the names of the prospective adoptive parent(s) *does/do not appear in the National Register for Sex Offenders established by Chapter 6 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 or in Part B of the National Child Protection Register established by Part 2 of Chapter 7 of the Act.
REVERSE OF FORM 58 9. Are both applicants South African citizens?
I DECLARE THAT the particulars set out in the statement above are true and correct to the best of *my/our knowledge and belief.
Submission of an application for the registration as adoptive parent/parents together with the report of an adoption social worker for your consideration, please.
I (full name) an adoption social worker hereby apply for the registration of a child as an adoptable child.
REVERSE OF FORM 59 I DECLARE THAT the particulars set out in the statement above are true and correct to the best of *my knowledge and belief.
Submission of an application for the registration as an adoptable child for your consideration, please.
I/We may be required to restore custody of the child immediately in favour of the *parent(s), *guardian(s), supervising social worker or *person(s) designated by the children's court upon withdrawal of such consent by a parent or by the child.
No: R. 261 Title: Children's Act (38/2005): General regulations regarding childre Page 129 of 137 7. Is the applicant or are both applicants South African citizens?
Yes No If so, what is the relationship?
Is the applicant/ether of the applicants in receipt of any allowance from the State in respect of the child?
I/WE DECLARE THAT the particulars set out in the statement above are true and correct to the best of *my/our knowledge and belief.
The original birth certificate or identity document of the child.
A certified copy of the identity document of each applicant.
Where (i) and (ii) are not available, a sworn statement by an adoption social worker.
In the case of a foster child, the written statement of the foster parent(s) (Form 41).
Where applicable, the written consent of the parent(s) attested to before a commissioner.
Where applicable, the written consent of the child attested to before a commissioner.
Where the applicant(s) wish to receive the child into his/her/their custody, a report from an adoption social worker, that the applicant(s) is/are a potentially suitable prospective adoptive parent(s).
My religious affiliation is *I am/I am not a South African citizen.
he/she has intimated that *he/she understands the legal consequences and requirements.
induce a person to give up a child for adoption in terms of Chapter 15 or Chapter 16.
any other prescribed persons.
any previous order made in respect of the placement of the child.
does not affect any rights to property the child acquired before the adoption.
he/she is entitled to be present when the application for adoption is considered. *he/she has intimated that *he/she understands the above.
SIGNED BEFORE ME after I have explained to the said child the legal consequences of the withdrawal of consent for adoption and *he/she understands the above.
2. *Prospective adoptive *parent/parents 1. 2.
REVERSE SIDE OF FORM 66 1.
Telephone numbers: Code: Number: Code: Number: (Residence) Mobile phone: 2.
I, (ull names) who stands to be adopted by the prospective adoptive *parent/parents understands the terms of abovementioned agreement and hereby consent to the agreement.
I, (full names), presiding officer: Children's court declares that the consent was singed and attested before me and that I have satisfied myself that the child is 10 years or older, or under the age of 10 years, but of an age, maturity and stage of development to understand the implications of the agreement.
Presiding Officer of the Children's Court.
No fit and proper adoptive parent for the child is available in the republic.
(full name) born , identity number , in terms of and subject on to the provisions of the Children's Act, 2005 (Act No. 38 of 2005).
GIVEN at this day of at : (time).
Amendment of the birth register in terms of section 245 of the Children's Act, 2005 (ct No. 38 of 2005), may proceed.
<fn>GOV-ZA.20100401gg33092noticer273childjusticeEn.2012-02-10.en.txt</fn>
A medical practitioner who is registered as such under the Health Professions Act, 1974 (Act No.
Any person referred to in paragraph 1 of this Schedule, who has been ordered by the court in terms of section 11(3) of the Act to evaluate the criminal capacity of a child and who is in the full-time or part-time employment of the State, shall not be entitled to any additional professional allowance or remuneration in connection with the evaluation.
<fn>GOV-ZA.2010040701En.2012-02-10.en.txt</fn>
The World Bank Board will consider a $3.75 billion project loan to South Africa's power utility, Eskom on 8 April 2010 to finance its capital expenditure programme. The premise upon which the World Bank loan application for Eskom was made, was based on the fundamental belief that developing countries must be allowed to develop their energy security for their populations, in the most cost effective and sustainable manner.
South Africa is pursuing an energy strategy compatible with both our commitments in the Copenhagen Accord to reduce emissions by 34% below the "business as usual" level by 2020, and 42% by 2025. This strategy includes meeting urgent generation expansion while committing to an aggressive programme to enhance energy efficiency measures and introducing renewable energy as well as demand-side management.
The generation technologies that Eskom has chosen to use are fully embedded in and informed by the Long Term Mitigation Scenarios (LTMS) adopted by the Government in 2008. The intention is to ensure that carbon emissions peak during 2020-2025, reaching a plateau for a decade, and then begin declining thereafter. Therefore the issue of carbon mitigation from increased generation needs to be viewed in a broader context, as the mitigations derive from several sources and sectors, and also over an extended time frame. Since the LTMS and its outcomes, there has been sound assurance among various stakeholders, within government, civil society and the private sector, of implementation actions that are required to meet its objectives. The Medupi power plant for example, is the first in Africa to use the cleaner coal "supercritical" technology, the same technology used in developed countries for new coal power generation.
The Government of South Africa and Eskom have sought to consult and engage with stakeholders, domestically and internationally, on Eskom's loan application to the World Bank. In the interest of transparency and good governance, we have listed the following questions and concerns raised by stakeholders and our responses.
What measures will South Africa take to offset the CO2 emissions from Medupi?
South Africa's plan for reduction in CO2 emissions is not based on an offset structure, but rather focuses on achieving country emission reductions which are consistent with the Long Term Mitigation Scenarios (LTMS). The initiatives by Government should not be read with offsets in mind but rather be seen as country-planning that has the potential to alter the pace and path of emissions and in moving towards sustainable development, whilst ensuring stability of the region in general.
The funding that South Africa will seek approval for in the near future from the Clean Technology Fund (CTF) is viewed as a significant facilitating mechanism for the LTMS. The renewable energy and energy efficiency projects that the CTF could fund are seen as catalytic in this regard, especially due to the potential for leveraging other funding to scale up the implementation of projects. South Africa through the CTF is looking at Concentrated Solar Power (CSP); wind energy; solar water heaters (SWH); and energy efficiency. Based on the projected annual Green House Gas (GHG) emission reductions and assuming a 20-year plant life, the direct cumulative emission savings from the proposed CSP plant would be 7.
11.4 million tons of CO2- depending on the load factor. Catalytic potential: assuming that the proposed CTF-supported investment has leveraged four new 100 MW CSP plants over a period of four years, the direct cumulative emission savings from these leveraged CSP plants would be 38 - 56 million tons of CO2 - depending on the load factor. Based on the projected annual GHG emission reductions, emission savings from the proposed wind plants over a projected 20-year plant life would be about 4.8 million tons of CO2. These estimates assume that the power supplied by the wind power installations would otherwise come from coalfired plants with an average thermal efficiency of 35 percent and emission factor of 1.09 tons of CO2 per MWh of generated power. Catalytic potential assuming that the proposed CTF-supported investment has leveraged additional 500 MW of Wind energy by 2013, the direct cumulative emission savings from these leveraged Wind plants would be 28.5 million tons of CO2.
The SWH conversion programme will lead to a reduction of approximately 32 million tons of CO2, assuming a 20-year life-span. Emission reductions that relate to energy efficiency are a bit more difficult to estimate. However an initial assessment suggests that annual emissions reduction could be in the range of 9 million tons of CO2 per annum. This represents a cumulative estimate of 70 to 80 million tons of CO2 by 2020 and is probably a conservative estimate as the increase in electricity prices has created a burgeoning industry for electricity efficiency enterprises in South Africa and many industries are taking up the challenge to reduce their consumption in a very positive manner.
In addition structured and audited Energy Efficiency (EE) / demand side management (DSM) programmes such as Eskom's have progressed well since introduction in 2004/5. As a result the EE/DSM programme has achieved a cumulative audited savings of 1999 MW of generation to date. Eskom included funding for EE/DSM in its Multi-Year Price Determination (MYPD2), that will run from 1 April 2010 to 31 March 2013. Eskom will be implementing EE/DSM strategies that will produce an additional 1037 MW saving over three years. Eskom has also distributed approximately 40 million CFL's directly to households for free. These bulbs were physically installed by the distribution teams and the old candescent bulbs were removed and destroyed. This has resulted in a saving of 1000MW. A further 5 million are currently being distributed.
South Africa will intensify its focus on energy efficiency in order to maintain a healthy reserve margin which will provide time to make decisions on new capacity in a consultative and informed manner. The success of the initiatives contained in the loan (both projects and technical assistance) could defer the need to build by 2017 and allow for the introduction of other cleaner technologies.
Has the South African Government The World Bank, under the Country Partnership Strategy (CPS), is providing considered how it would like the remainder South Africa with a $6bn funding window, of which $3.
Partnership Strategy envelope ($2.25 Progress Report, submitted to the Board together with the loan application).
billion to be used Could it be used entirely for emission reduction measures as recommended by the Expert Panel?
Will South Africa work with the World Bank to address any market or policy barriers that are delaying energy efficiency and renewable energy programmes, and to implement future actions needed to achieve South Africa's mitigation objectives?
The Bank has however indicated that it would make an additional $1.25bn available to Eskom after the approval of the package currently being considered. The $1.25 billion of these additional aforementioned funds would be used to support emission reduction measures. South Africa is, however, yet to make a determination on whether and/or how it would use the remaining $1bn. The country has a large infrastructure development programme in place and part of this programme requires supplementary resources. In consolidating the funding required, South Africa will consider all types of financing, including that of the World Bank.
The South African Government will be identifying barriers and enablers to its energy strategies and objectives as part of the Integrated Resource Plan (IRP). Government will take the necessary steps to address the enhancement of enablers and the removal of barriers to scale up the current set of energy efficiency and renewable energy programmes and implement future actions. Work with the World Bank in this regard has already commenced. The World Bank has been instrumental in providing finance for a study to ascertain which barriers exist to introduce independent power producers (IPPs), with an emphasis on renewable technologies and renewable energy feed-in tariffs (REFIT). Aside from the current IBRD application, South Africa also intends resubmitting a $250m application to the Clean Technology Fund (CTF) for renewable energy under the co-financing structure with Multilateral Development Banks. This, in conjunction with a further $100m from the CTF resources co-financed by the African Development Bank will form an integral part of the public sector initiatives to kick-start commercial scale renewable energy in South Africa. The Bank is in a unique position where it has a bird's eye view of developments in renewable energy in the world. The World Bank can assist and advise with respect to best practice in so far as regulation and implementation is concerned. Hence, South Africa does see a clear and ongoing role for the World Bank, along with other regional players such as the African Development Bank in assisting with meeting our committed targets for reducing emissions. In addition to financing for renewables, the Eskom Project also includes Technical Assistance for scaling up of Energy Efficiency and DSM.
Would South Africa accelerate the decommissioning of older plants if warranted by the success of demand side measures?
Would South Africa work with the World Bank to incorporate carbon capture and storage readiness provisions in the Medupi and Kusile plants What are the specific challenges of CCS readiness in South Africa?
We will explore the acceleration of the de-commissioning dates of older inefficient plants, if warranted as part of the overall energy strategy and as informed by the success of energy efficiency and demand-side measures. This will further contribute toward reaching our emission reduction targets. However, a view to de-commissioning is something that we can only do in the medium term given our current energy requirement and the fact that the new and more efficient technology will only come on stream in approximately 5 years. In addition, any decommissioning of plants would be determined as a result of the Integrated Resource Plan (IRP) process, which would include the life-cycle of the plant. De-commissioning older plants is an objective under the IRP that Government plans to table before parliament in the the latter part of the year.
The use of CCS technology internationally is in its early stages of development. It is expensive and the full environmental impact of its use is not fully understood, hence South Africa cannot commit to Medupi's readiness in this regard, especially given the critical commissioning schedule of Medupi. In terms of South African environmental legislation, Medupi is classified as an existing plant, and CCS was not a requirement (CCS was not being considered for large coal projects even in developed countries at that time) as evidenced in the Record of Decision by the South African Department of Environmental Affairs. This technology was not considered during the design phase of Medupi which commenced in 2005/2006 and thus predates the 2008 announcement. However, South Africa has a progressive framework within which new technologies could be applied as and when the geological studies and methods of transportation are being explored. CCS retrofitting as it pertains to Medupi cannot be discounted despite the fact that the plant is not being laid out specifically to facilitate a retrofit. All future plants, however, would have to make provision for CCS and the development and design of the Kusile plant is being and will be undertaken with this in mind as and when affordable technology becomes available. In addition South Africa is taking several steps to improve its knowledge of CCS. Eskom is part of a group of companies supporting a geological study into sequestration sites in South Africa and undertaking research into CO2 mineralisation and bio-extraction technologies.
demonstration plant operational in South Africa by 2020. South Africa is also undertaking work at an international level to gain an understanding of CCS and CCS "readiness". Furthermore, the CCS Trust Fund of the World Bank may also be utilised to supplement work that is being undertaken by South Africa in respect of CCS readiness.
Does Eskom plan to upgrade the environmental technology at its other power plants, if need be with World Bank financial assistance Yes, the upgrade of technology is fundamental to Eskom's sustainability. In the Multi-Year Price Determination (MYPD2), 1 April 2010 to 31 March 2013, R1.5bn has been set aside to address the management of coal utilisation and for the retrofit of technologies which will bring the emission limits in line with new legal requirements. It is envisaged that this amount will increase substantially over the years and World Bank funding to support these initiatives will be considered as part of the on-going work in reducing our emissions?
How extensive were your government's consultations with civil society regarding the Medupi project Were changes made to address any specific concerns Have any civil society groups come out publicly in favour of the project There has been consultation with civil society at various stages. Initially as part of the development of the environmental impact assessment (EIA) for Medupi, extensive public consultation took place. Issues raised were captured in the record of decision (ROD) and amended ROD following appeals. There was also a process of engagement in the drafting of the Project Appraisal Document as required by World Bank procedures. Subsequent engagements have mostly been with civil society organisations on an individual basis. The South African government has furthermore engaged with the National Economic Development and Labour Council (NEDLAC), which includes representatives from labour, business and the community. Government has not sought to engage with certain groups, who are in principle opposed to a loan from the World Bank. Dialogue with civil society is seen as a process that will continue, as government seeks to address and allay all concerns. Some supportive statements to date include the following: The way forward is clear. Achieving energy security across Africa will require us to tap into all available sources, renewable and non-renewable, including fossil fuel-based options, such as coal. We need access to financing, technology -such as carbon capture and storage, which are already available or coming on stream - and the best available expertise to exploit all the energy options in the least harmful manner, even as we rapidly expand the uptake of more renewable sources of energy.?
"Criticism of the World Bank by some groups in the United States cavalierly ignores the economic and energy realities of South Africa. Over 12 million people have no electricity whatsoever and millions more only have access to power on a sporadic basis. Blanket opposition to coal plants smacks of an unseemly indifference to the plight of developing countries. Indeed, South Africa is seeking to electrify schools and medical facilities (which in developed countries, is taken for granted). The world spent decades trying to eliminate institutionalized injustice in South Africa. We cannot ignore the adverse socioeconomic repercussions that defunct system continues to have on millions of South Africans who lack the basic necessities of life".
Energy Facts Weekly, March 9, 2010, available online at www.energyfacts.
"The gradual decline in South Africa's energy security remains the greatest threat to South Africa's economic development and sustainability. We noted with concerns Eskom's presentation to Parliament on the 2 March 2010. Eskom has indicated that "the power supply is going to be extremely tight from 2013 and 2014 until we have base load power stations coming in". This reality must inject some urgency in our approach with energy security. We believe that the approach must be to address short term risks, whilst simultaneously creating long term solutions.
Thus BUSA reiterates its support for the World Bank Loan to Eskom. BUSA is convinced that it is a necessary additional source of funding which South Africa cannot afford to forego. Failure to borrow sensibly for Eskom's needs will either mean yet higher electricity tariffs or the risk of load shedding if Medupi is not completed in time.
Media Statement by Business Unity South Africa, March 16, 2010, full media statement available online at www.busa.
As I've written before, until clean and cheap energy sources are available for deployment on a massive scale, developing nations like South African will remain stuck in the Development Trap: forced to either sacrifice climate and ecological security in the name of development and poverty alleviation or to condemn countless millions of citizens to energy poverty in the name of climate protection.
Breaking out of this untenable position is the urgent challenge of the century. The only way out of the Development Trap, and the only route to sustainable development and an end to pervasive energy poverty is to make clean energy cheap. On that front, the world can't afford to delay. Anything else is ultimately counter-productive, ineffective, or even cruelly unjust.
The World Bank loan to shore up Eskom's power generation capacity should be used wisely. South Africa has thus far managed to meet its huge post-apartheid development challenges using its own resources. Successive post-apartheid governments have been wary of repeating the mistakes of other developing countries that landed themselves in debt traps through over-reliance on borrowing from the World Bank.
However we also need to harvest the benefits other developing countries, have derived from using the resources of finance and knowledge the World Bank has to offer. South Africa now stands at a critical point in charting its socioeconomic development.
Our current shortfalls could hinder the economic development of the region.
We dare not fail to rise to our responsibilities. We dare not allow ourselves to be trapped into knee jerk reactions that may undermine our ability to use our natural resources to advance our socio-economic development. -Dr. Mamphela Ramphele, Chair, Technology Innovation Agency and Letsema Circle, South Africa, Op-ed published in Sunday Independent, March 7, 2010.
What is the status of South Africa's Integrated Resource Plan Will there be an emphasis on power diversification, to nuclear and renewable energy, for example The Integrated Resource Plan was considered by Cabinet at the beginning of 2010. Cabinet recommended that further consultations take place. The long term IRP (IRP2) planning process has already commenced. An interdepartmental task team has been set up to further the consultation process on the IRP as well as other restructuring initiatives in the energy industry. This committee reports to a special Inter Ministerial Committee on Electricity on a regular basis, and this is a sub committee made up of cabinet members to assess progress made on the IRP as well as other electricity-related matters. The key criteria for the decision making process on IRP (2) will include: Industry Structure, Climate Change, Funding, Energy Mix, Resource Planning, Energy Policy and Security of Supply as well as the protection of the poor?
What is the timetable for extending conventional electricity service to all citizens The target is to achieve 100% connections by 2014. In this regard the South African Government's mass electrification programme has been an overwhelming success and has gone a long way in meeting the basic electricity needs of the South African population. The programme started in 1994 when electrification levels where in the region of 34 percent, and reached an 81 percent level of electrification by 2009. This large scale electrification took place without any significant additions of new generation capacity. Addition of new capacity will facilitate continuity of supply for the newly connected and those that will be connected as part of the 100% connectivity target?
Will the Medupi project result in higher For poor indigent households, the national fiscus provides a multi-billion rand electricity rates for lowand/or middle subsidy in order to provide 50kw hours per month of free basic electricity in income households while subsidizing rates line with government's commitment.
for industrial customers?
For residential customers supplied directly by Eskom the National Energy Regulator of South Africa (NERSA) has introduced an Inclining Block Tariff in areas with low income households (Home-light Tariff). This tariff and its structure will benefit low income households and generally result in a reduction in tariffs to these customers. For example, a customer with a 1000kWh consumption a month would see a total price reduction of 27.28c/kWh for 350kWh and an increase of 19.63c/kWh for the remaining 650kWh. A customer using approximately 800 kWh per month would not be affected by the tariff increase.
As the majority of the Home-light monthly per customer consumption is lower than 350kWh, the under-recovery of revenue that results from this tariff structure means that a cross-subsidy in the form of higher tariffs for other classes of consumers occurs. Sales directly by Eskom to residential customers accounts for 5% of Eskom sales.
There is a common misconception that industrial customers are subsidised by residential customers, justified by comparing the average prices paid between the two customer categories. However, one cannot directly compare the two values as the cost to supply all customers is not the same i.e. the cost to supply an average industrial customer is significantly less than the cost to supply a residential customer.
When using the average price of electricity for different customer categories, it is important to understand the electricity supply cost chain and where exactly in this chain the different customers take their supply.
ï· Typically a residential customer is supplied on the network at a low voltage whereas a large industrial customer would be supplied on the network at a high voltage. This means that many more electrical networks have to be built, maintained and operated to supply smaller customers than that which is required for larger customers on higher voltage networks..
What procedures were followed to ensure the Medupi contracts were awarded transparently Does the Government plan a response to the opposition on the issue of the Chancellor House-Hitachi contract?
to travel further distances.
ï· As a ratio of overall consumption, smaller customers also tend to use much more electricity in the more expensive peak periods.
ï· Smaller customers have a poorer load factor (use electricity inconsistently during the day) than larger customers. This means that their average cost of electricity per kWh is higher than that of a larger customer who uses electricity more evenly throughout the day.
Eskom's commercial activities are governed in the first place by the Constitution of the Republic of South Africa, 1996 and by the Public Finance Management Act, 1999 (PFMA). Both require that an organisation such as Eskom should have in place a procurement system which is "fair, equitable, transparent, competitive and cost-effective". Within this framework Eskom has an approved set of Commercial Policies and Procedures complying with the PFMA, the use of which is mandatory.
In addition to the PFMA and the Constitution, Eskom's procurement process must adhere to the requirements of administrative justice and comply with a number of common law and statutory provisions regulating procurement, corruption, fraud, competition and related matters.
Together with the robust commercial procedures, Eskom's procurement processes include an audit oversight framework. For the audit framework, a panel of external Auditors, including amongst others Deloitte, Price Waterhouse Coopers and Ernest & Young, are in place. For all transactions larger than R750 million, the auditors carry out a non-financial due diligence and probity checks on all members of the Evaluation Teams and Tender Committees.
Regarding the the Chancellor House-Hitachi contract, Government is mindful of some of the concerns raised in this regard. Government is, and will continue to engage with all concerned stakeholders on this important question with a view to having a constructive dialogue. We will ensure that we have a transparent framework to deal with matters such as these.
<fn>GOV-ZA.2010040901En.2012-02-10.en.txt</fn>
The government of the Republic of South Africa welcomes the decision by the World Bank to grant a US $3.75 billion project loan to Eskom, South Africa's power utility. The rate is at 6 month LIBOR + 0.5% fixed margin and a variable spread of 0.24%, which is reset semiannually. The maturity is 28.5 years with a grace period of 7 years.
The loan will co-finance the Medupi power station and the country's first large wind and concentrated solar power (CSP) projects. Medupi's cleaner coal supercritical technology together with the country's first renewable energy projects, are a critical part of South Africa's responsible approach to planning for our future energy needs.
The construction of the Medupi power station will provide much needed base-load capacity, which will be commissioned from 2012 onwards. This will ensure that the country's economic development objectives remain on track and that security of electricity supply is restored. Investment in energy remains a cornerstone of government's economic strategy.
In making the decision, an overwhelming majority of the Executive Directors voted in favour of the loan with only three abstentions. South Africa was applauded on its commitment to the climate change agenda and the pace set on renewable energy.
Government will continue to engage with the World Bank and all stakeholders in a transparent and constructive manner.
South Africa is committed to meeting its long term climate change mitigation objectives, and is pursuing an energy strategy compatible with commitments made in Copenhagen and the economic development plans. The Medupi power plant for example, is the first in Africa to use the cleaner coal supercritical technology, the same technology used in developed countries for new coal power generation. The generation technologies that Eskom has chosen to use are fully embedded in and informed by the Long Term Mitigation Scenarios (LTMS) adopted by the Government in 2008. The intention is to ensure that carbon emissions peak during 2020-2025, reaching a plateau for a decade and begin declining thereafter. Since the adoption of the LTMS and its outcomes, there has been sound assurance among various stakeholders within government, civil society and the private sector, of implementation actions that are required to meet its objectives.
The investments will create space for participation by the private sector and civil society to further boost initiatives already underway, as we move towards creating green jobs and a cleaner environment for future generations. The country will intensify its focus on energy efficiency to maintain a healthy reserve margin, which will provide time to make decisions on new capacity in a consultative and informed manner. The success of the initiatives contained in the loan (both projects and technical assistance) could defer the need to build by 2017, and allow for the introduction of other cleaner technologies.
We would like to thank all role players who were involved in the loan negotiations for their tireless efforts and for a job well done.
<fn>GOV-ZA.20100423Gg33127R324PaiaEn.2012-02-10.en.txt</fn>
No: R.324 Title: Promotion of Access to Information Act (2/2000): Description submi Page 2 of 8 in the Act): PRETORIA, 0001.
Private Bag X 94, PRETORIA, 0001.
Estimates of National Expenditure - Safety The records may be inspected at the office of the and Security Section Head: Budgets on request in writing to Financial and Administration Services: Section Head: Budgets, Private Bag X 94, PRETORIA, 0001.
General Conditions and Procedures The records may be inspected at Supply Chain Management on request in writing to the Divisional Commissioner: Supply Chain Management, Private Bag X 254, PRETORIA, 0001.
Consideration Policy 1994 The records may be inspected at the office of the Head: Firearms, Liquor and Second-hand Goods Control on request in writing to the Head: Central Firearm Control Register, Private Bag X 811, PRETORIA, 0001.
Partnership Policing Visible Policing on request in writing to the · Police Community Projects Divisional Commissioner: Visible Policing, Private · Policy Framework and Bag X 241, PRETORIA, 0001.
Legislation (bills, acts, regulations, Copies of legislation can be purchased at proclamations and Government Notices) Government Printers at the cost determined by the Government Printers.
State Tender Bulletins Published weekly by the State Tender Board and can be purchased at the State Tender Board at the cost determined by the State Tender Board.
that when a request is received in writing from the Road Accident Fund, provincial hospitals or ambulance services from provincial hospitals, they are regarded as public bodies or institutions who are entitled to immediately receive a copy of an accident report free of charge.
The records may be obtained on request in writing addressed to the Section Head: Labour Relations, Career Management, Private Bag X 94, PRETORIA, 0001.
The records may be obtained by the authorised person on request in writing on the prescribed request form or the SAPS 512(n) addressed to the relevant office of the Service.
an involved party (e.
any private ambulance service that provided an ambulance service to a party involved in an accident if such an ambulance service can proof that such service was rendered; and a person who is not an involved party or the ambulance service referred to above, only if he or she has written permission or authority of an involved party.
Heritage Services excluding records addressed to the Curator, SAPS Heritage Services, contained in dockets and personal PO Box 4866, Pretoria, 0001.
Section 20 Plans and Section 21 Report addressed to the Divisional Commissioner: Career Management, Employment Equity at Private Bag X 94, PRETORIA, 0001.
Job Evaluation (excluding personal (2) information of persons and information that may be refused on the grounds of refusal provided for in the Act) : · Pre-interview questionnaire · Results of Job evaluation · Panel results Career Management, SAPS, Head Office, Private Bag X 94, PRETORIA, 0001.
The records may be obtained from the office of the Section Head: Job Evaluation & CORE on request in writing addressed to the Divisional Commissioner: Career Management, SAPS, Head Office, Private Bag X 94, PRETORIA, 0001.
Office, Private Bag X 322, PRETORIA, 0001.
International Police Co-operation The records may be obtained on request in writing Agreements with other addressed to the Divisional Commissioner: Legal governments and International Services: Private Bag X 94, PRETORIA, 0001.
Psychological Interventions All the Office, Private Bag X94, PRETORIA, 0001.
International sporting events.
Records (excluding personal information of The records may be obtained on request in writing persons and information that may be addressed to the Sub-section Head: Senior refused on the grounds of refusal provided Appointments, Private Bag X 986, PRETORIA, for in the Act) relating to appointment 0001.
Policy and minimum requirements 19063, PRETORIA-WEST, 0117.
Partnership Policing Visible Policing on request in writing addressed to · Police Community Projects the Divisional Commissioner: Visible Policing, · Policy Framework and Private Bag X 241, PRETORIA, 0001.
The records may be obtained from the office of Visible Policing on request in writing addressed to the Divisional Commissioner: Visible Policing, Private Bag X 241, PRETORIA, 0001.
Available on the Web page of the Service at www.saps.gov.
<fn>GOV-ZA.20100423gg33127r325paiaEn.2012-02-10.en.txt</fn>
[FORM D inserted by GNR.466 of 2007].
An individual who is or was an official of the City: Title, work address, work telephone number and other relevant particulars. The classification, salary scale or remuneration and responsibilities of the position held or services performed by the individual.
All publications by and on behalf of the municipality that have been made public or presented to Council and in terms of which Website: www.capetown.gov.
Line Departments no copyright is held by persons or bodies not connected to the City.
<fn>GOV-ZA.2010042801En.2012-02-10.en.txt</fn>
This option will be open until Thursday, 11:00, thus extending the time from the current 24 hours to 48 hours.
<fn>GOV-ZA.2010042901En.2012-02-10.en.txt</fn>
Japan-based rating agency Ratings and Investment Information, Inc (R&I) yesterday affirmed South Africa's foreign currency issuer rating of A-and domestic currency issuer rating at A, and has changed the outlook on both ratings to stable from negative.
National Treasury welcomes the rating outcome especially in the context of the recent global financial crisis. The outcome is a further sign of confidence in South Africa's credit story and stable macro-economic environment.
2.3 per cent this year rising to 3.2 per cent in 2011.
R&I's outlook on South Africa's rating has been negative since October 2008. In reviewing its position R&I noted the steady capital inflows to the country even as the global financial environment undergoes significant adjustments, the maintenance and continuity of macroeconomic management through changes of political leadership, and believe that South Africa can sufficiently achieve its projected fiscal deficit reduction plan.
The South African government welcomes the outcome and is aware of the concerns raised by the rating agency.
<fn>GOV-ZA.2010050301En.2012-02-10.en.txt</fn>
Pretoria, 3 May 2010 1.
The South African Reserve Bank (SARB) is a crucial national institution which is required by the Constitution to serve the economic interests of all South Africans.
The Constitution mandates the SARB to perform its functions independently and Government will continue to ensure that this independence is not compromised.
The Bank was established in 1921, and is still governed by an Act of Parliament (1989) that precedes the Constitution. The Bank also has private shareholders. This requires Government to regulate the activities of the private shareholders to ensure that their interests do not undermine public interest and that the SARB's independence is not interfered with.
It has come to the attention of Government that a number of shareholders are involved in activities which could undermine the Bank's independence. The Governor of the Reserve Bank had conveyed these concerns to shareholders in March this year, stating that Profit making should never be a motive for holding shares in the Bank. The Bank is neither desired nor expected to maximize profits.
is a public entity that acts in the public interest selfinterested profit motive of a very small minority of shareholders does not appear to care about the national interests of the Republic of South Africa.
Cabinet considers this to be unacceptable and has agreed that urgent legislative steps must be taken to protect the Bank's independence.
6.2 Approve the South African Reserve Bank Amendment Bill for tabling to Parliament.
6.3 Initiate a total review of the legislative framework of the SARB with a view to entrench the independence of the SARB and its role in enhancing South Africa's national economic interests.
7.8 Providing for the possible reappointment of the Governor and Deputy Governor to serve terms of office of less than five years.
The Act currently limits shareholding to a maximum of 10 000 shares per shareholder. The amendments to the Act seek to curb circumvention of this limit by introducing the concept of "associate" and "close relative" and extend the restriction to such associates and close relatives. The purpose is to ensure that no shareholder can create a "bloc" of voting interests; thereby exerting influence that was clearly intended to be limited by setting a maximum number of shares that could be owned and voted on by any individual or institution.
2 Broaden the base for nomination of directors on the Board The Act currently provides for the election of seven independent directors by the shareholders. The amendments broaden the base from which to draw independent directors by enabling nominations to be made by the general public. The Act also requires four directors with expertise in commerce and finance. The amendments reduce the number of directors with expertise in commerce or finance to two and substitute the same with expertise in labour and mining. The number of government appointed directors will be increased from three to four, taking the size of the Board to 15.
8.3 Defining clear criteria for disqualification as director The grounds for disqualification of serving directors provided for in the Act are insufficient for corporate governance purposes. The amendments seek to extend the grounds to include unrehabilitated insolvents, persons dismissed from positions of trust for misconduct, persons with criminal records and persons with mental and other incapacities. The amendments provide for termination of directorship as a result of unexcused absenteeism, failure to disclose conflicts of interests, unlawful disclosure of confidential information and breach of duty.
8.4 Introduction of fit and proper requirements for directors The lack of criteria for the appointment to the Board could lead to the appointment of unsuitable directors adversely affecting the governance of the Bank and impairing independence. The amendments introduce fit and proper requirements based on an objective assessment commensurate with skills and experience . The amendments further make it clear that directors owe their fiduciary duties and duties of care and skill to the Bank. The Amendments also introduce a screening process for the appointment of directors.
The amendments reinforce the corporate governance role of the Board and firmly vest the Bank's other powers and duties in the Governor and Deputy Governors.
The Act currently prescribes tenure of five years for the appointment of the Governor and Deputy Governors. The amendments introduce flexibility when a second or subsequent terms are considered, enabling reappointment to be for an agreed period of not more than five years per term.
These amendments will be submitted to the Speaker of Parliament and will be gazetted for public comment during the course of the week starting on 3 May 2010. Public hearings are envisaged to be held from midMay 2010.
Interested persons and institutions are invited to submit written representations on the Bill to the Secretary to Parliament by no later than 17 May 2010. Further documents will be available electronically on the National Treasury website - www. treasury.gov.
The Secretary to Parliament c/o Mr. Bradley Viljoen
For further media enquires please contact Government Spokesperson, Mr. Thebma Maseko, on 083 645 0810
<fn>GOV-ZA.2010050701En.2012-02-10.en.txt</fn>
The fourth quarter year-to-date provincial budget statement of receipts and payments, published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 30 April 2010, is the first estimate of spending outcomes for the 2009/10 financial year which commenced on 1 April 2009 and ended on 31 March 2010. It is available on the treasury website at www.treasury.gov.za. These figures may be revised as provincial departments finalise (and reconcile) their financial statements by 31 May 2010 for submission to the provincial Auditors-General.
The information is based on the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury by 22 April 2010. Queries on spending or adjusted budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
The budgeted expenditure figures take account of revisions effected in the provincial adjustment budgets, which include R10.8 billion allocated to provinces (R9 billion to the provincial equitable share and R1.8 billion to conditional grants) through the 2009 Adjusted Estimates of National Expenditure.
5.1 In compliance with Section 28 of the Division of Revenue Act, 2009, the national Department of Transport stopped the transfer of funds to the value of R60 million following slow spending on the part of KwaZulu-Natal.
5.2 In compliance with Section 29 of the Division of Revenue Act, 2009, the national Department of Transport re-allocated funds to the value of R60 million to North West following demonstrated capacity to spend.
In addition to the national adjustments, provinces increased their main budgets by R3.4 billion. The provincial adjustments consist mainly of unspent conditional grants not surrendered to the National Revenue Fund and other funds surrendered to the respective Provincial Revenue Funds for the 2008/09 financial year.
In light of the above, in aggregate, provinces increased their main budgets (expenditure side) by R14.2 billion with the bulk to education (R6.5 billion), health (R4.2 billion) and public works, roads and transport (R2.7 billion).
In aggregate, provinces have spent R305.3 billion or 100.5 per cent of their adjusted budgets of R303.9 billion in 2009/10 (preliminary outcome). This represents a spending increase year-on-year of 15.8 per cent or R41.6 billion over the R263.7 billion spent in 2008/09. Spending varies between provinces with the lowest share of 96.8 per cent in Free State and 97.4 per cent in Northern Cape to the highest at 102.9 per cent in KwaZulu-Natal and 101.9 per cent in Gauteng.
The preliminary outcome shows that in aggregate six provinces have underspent their adjusted budgets by R2.3 billion. This is largely due to capital expenditure and conditional grants which reflect underspending in most provincial departments for 2009/10. However, Eastern Cape, Gauteng and KwaZulu-Natal overspent their adjusted budgets by R3.6 billion in aggregate, largely due to over-expenditure in their education and health departments.
Eastern Cape 44 565 434 45 287 990 101.6% 14.8% 38 999 652 16.
Free State 19 351 053 18 730 091 96.8% 6.1% 16 055 021 16.
Gauteng 58 546 671 59 664 269 101.9% 19.5% 52 063 486 14.
Kw aZulu-Natal 61 906 779 63 713 664 102.9% 20.9% 55 508 791 14.
Limpopo 35 954 875 35 654 216 99.2% 11.7% 30 662 160 16.
Mpumalanga 23 856 044 23 695 516 99.3% 7.8% 20 067 665 18.
Northern Cape 8 390 707 8 171 476 97.4% 2.7% 7 097 070 15.
North West 20 670 779 20 293 692 98.2% 6.6% 17 587 312 15.
Western Cape 30 672 104 30 085 294 98.1% 9.9% 25 614 598 17.
Total 303 914 446 305 296 208 100.5% 100.0% 263 655 755 15.
Education preliminary outcome is at R126.3 billion or 101.1 per cent of the R124.9 billion combined education adjusted budgets and remains the largest item on provincial adjusted budgets (41.1 per cent).
17.4 per cent or R18.7 billion increase compared with the spending in the 2008/09 financial year.
Health expenditure (preliminary outcome) is at R88.6 billion or 102.8 per cent of the R86.2 billion combined health adjusted budgets and is the second largest item (after education) on provincial adjusted budgets (28.4 per cent). The spending pattern reflects an 18.1 per cent or R13.6 billion increase compared with the spending in the 2008/09 financial year.
Social development preliminary outcome for the 2009/10 financial year is recorded at R9.1 billion or 98.2 per cent of the R9.2 billion social development adjusted budgets.
Total personnel expenditure, in aggregate, is at R171.4 billion or 102 per cent of the R167.9 billion personnel adjusted budgets.
In aggregate, provinces spent R21.4 billion or 89.3 per cent of their R24 billion combined capital adjusted budgets. This is a growth of 1.1 per cent over the previous financial year, exceeding the R21.2 billion spent in 2008/09 by R230.6 million.
Provincial education departments show improvement on capital spending when compared to the previous financial year, which is 13.8 per cent or R648.2 million more than the spending of the previous financial year. They have spent almost R5.
99.8 per cent against their R5.4 billion education capital adjusted budgets.
Provincial health departments spent R6.4 billion or 73.7 per cent of their R8.6 billion health capital adjusted budgets, which is 6.6 per cent or R395.2 million more than the spending over the previous financial year.
The second highest share of provincial capital adjusted budgets, after health, is for public works, roads and transport departments at 32.3 per cent. The sector spent R7.7 billion or 99.7 per cent against its combined capital adjusted budget of R7.8 billion.
Provincial own revenue collected is 3.6 per cent or R336.2 million more than the adjusted forecast of R9.3 billion. National government has transferred R240 billion of the equitable share and R50.6 billion in conditional grants to provinces, for the 2009/10 financial year.
A more detail analysis of the provincial preliminary outcome for the 2009/10 financial year is set out in Annexure A.
The budgeted figures take account of revisions effected in the adjusted estimates of provinces, which were tabled in their provincial legislatures during November 2009. The budgeted figures also take account of revisions effected in a second adjusted estimate for three provinces (Free State, Gauteng and North West), which were tabled in their provincial legislatures during March 2010.
Table 1 indicates that provinces have spent R305.3 billion or 100.5 per cent of adjusted budgeted expenditure of R303.9 billion for the 2009/10 financial year. The preliminary outcome is at a lower level in percentage terms compared to the outcome against adjusted budgets for the 2008/09 financial year (101.6 per cent).
However, in nominal terms, spending is 15.8 per cent or R41.6 billion higher than last year when provinces had spent R263.7 billion. Between provinces, spending ranges from the lowest share of 96.8 per cent in Free State and 97.4 per cent in Northern Cape to the highest at 102.9 per cent in KwaZulu-Natal and 101.9 per cent in Gauteng.
Eastern Cape Free State Gauteng Kw aZulu-Natal Limpopo Mpumalanga Northern Cape North West Western Cape 35 129 367 5 824 515 3 611 552 44 565 434 14 661 653 2 820 136 1 869 264 19 351 053 40 851 352 14 699 502 2 995 817 58 546 671 47 936 780 8 801 578 5 168 421 61 906 779 29 218 363 4 328 482 2 408 030 35 954 875 18 757 231 2 816 727 2 282 086 23 856 044 6 276 702 1 028 838 1 085 167 8 390 707 15 629 632 3 327 796 1 713 351 20 670 779 22 237 774 5 571 722 2 862 608 30 672 104 36 452 876 5 529 975 3 305 139 45 287 990 14 287 868 2 848 846 1 593 377 18 730 091 42 892 248 14 505 967 2 266 054 59 664 269 49 733 421 8 757 151 5 223 092 63 713 664 28 995 544 4 402 196 2 256 476 35 654 216 19 485 092 2 733 309 1 477 115 23 695 516 6 106 654 994 714 1 070 108 8 171 476 15 333 522 3 245 645 1 714 525 20 293 692 22 137 133 5 435 407 2 512 754 30 085 294 101.6% 96.8% 101.9% 102.9% 99.2% 99.3% 97.4% 98.2% 98.
Total 230 698 854 49 219 296 23 996 296 303 914 446 235 424 358 48 453 210 21 418 640 305 296 208 100.
Provinces have budgeted R220.3 billion for social services, which include spending on education, health and social development.
Education 124 888 643 126 264 027 101.1% 41.4% 107 549 723 17.
Health 86 193 696 88 612 068 102.8% 29.0% 75 030 454 18.
Social Development 9 224 048 9 058 214 98.2% 3.0% 8 336 333 8.
Total 220 306 387 223 934 309 101.6% 73.3% 190 916 510 17.
Preliminary outcome on social services is recorded at R223.9 billion or 101.6 per cent of total provincial social services adjusted budget. This is 17.3 per cent or R33 billion more than the spending in 2008/09.
Social services adjusted budgets comprise 72.5 per cent of total provincial adjusted budgets in 2009/10. The original social services budget, in aggregate, has been increased by R10.8 billion during the provincial adjusted estimates process.
Education preliminary outcome is at R126.3 billion or 101.1 per cent of the total provincial education adjusted budget of R124.9 billion, an increase of 17.4 per cent or R18.7 billion compared to the R107.5 billion spent in 2008/09. The original education budget, in aggregate, has been increased by R6.5 billion during the provincial adjusted estimates process.
Eastern Cape 20 529 488 21 168 716 103.1% 46.7% 17 869 170 18.
Free State 8 005 432 7 845 903 98.0% 41.9% 6 713 036 16.
Gauteng 19 981 832 20 036 877 100.3% 33.6% 16 708 806 19.
Kw aZulu-Natal 26 058 854 26 242 134 100.7% 41.2% 22 982 732 14.
Limpopo 17 322 367 17 866 617 103.1% 50.1% 14 691 919 21.
Mpumalanga 10 683 793 10 940 085 102.4% 46.2% 9 360 979 16.
Northern Cape 3 169 930 3 186 006 100.5% 39.0% 2 851 973 11.
North West 8 473 135 8 364 936 98.7% 41.2% 7 178 647 16.
Western Cape 10 663 812 10 612 753 99.5% 35.3% 9 192 461 15.
Total 124 888 643 126 264 027 101.1% 41.4% 107 549 723 17.
Spending by provinces on education ranges from the lowest rate in Free State at 98 per cent and North West at 98.7 per cent, to the highest in both Limpopo and Eastern Cape at 103.1 per cent and Mpumalanga at 102.4 per cent.
Eastern Cape 16 258 191 17 114 442 105.3% 60.5% 13 755 201 24.
Free State 6 209 003 6 086 772 98.0% 55.9% 5 344 570 13.
Gauteng 14 950 277 15 280 922 102.2% 54.5% 12 698 327 20.
Kw aZulu-Natal 20 940 481 20 867 665 99.7% 58.5% 18 038 195 15.
Limpopo 13 638 118 14 171 850 103.9% 61.0% 11 848 923 19.
Mpumalanga 8 257 489 8 416 074 101.9% 61.6% 7 364 952 14.
Northern Cape 2 483 370 2 496 233 100.5% 56.1% 2 226 287 12.
North West 6 603 870 6 501 964 98.5% 57.4% 5 656 465 14.
Western Cape 8 200 780 8 214 712 100.2% 52.1% 7 089 690 15.
Total 97 541 579 99 150 634 101.6% 57.9% 84 022 610 18.
The bulk of education expenditure is on personnel (78.5 per cent). The preliminary outcome on education personnel amounts to R99.2 billion or 101.6 per cent of the education personnel adjusted budgets of R97.5 billion.
Spending by provinces ranges from the lowest in Free State at 98 per cent and North West at 98.5 per cent, to the highest in Eastern Cape and Limpopo at 105.3 per cent and 103.9 per cent respectively.
The preliminary outcome on goods and services (include learner and teacher support material) in education is recorded at 98.4 per cent or R12.6 billion of its R12.8 billion adjusted budget. It comprises approximately 10.2 per cent of total provincial education adjusted budgets.
The preliminary outcome for education capital is at almost R5.4 billion or 99.8 per cent of the R5.4 billion education capital adjusted budget. Capital spending for education between provinces ranges from the lowest in Western Cape at 85 per cent and Mpumalanga at 86.9 per cent to the highest in Northern Cape at 124.5 per cent and Limpopo at 106.1 per cent.
Eastern Cape 867 583 865 656 99.8% 26.2% 920 918 -6.
Free State 439 603 430 567 97.9% 27.0% 332 915 29.
Gauteng 843 842 786 691 93.2% 34.7% 614 511 28.
Kw aZulu-Natal 1 239 026 1 312 734 105.9% 25.1% 1 220 490 7.
Limpopo 930 578 987 392 106.1% 43.8% 723 152 36.
Mpumalanga 411 528 357 508 86.9% 24.2% 390 020 -8.
Northern Cape 78 856 98 211 124.5% 9.2% 61 604 59.
North West 285 696 286 015 100.1% 16.7% 240 498 18.
Western Cape 275 992 234 700 85.0% 9.3% 207 138 13.
Total 5 372 704 5 359 474 99.8% 25.0% 4 711 246 13.
Health expenditure is at R88.6 billion or 102.8 per cent against the total provincial health adjusted budget of R86.2 billion, representing an increase of 18.1 per cent or R13.6 billion compared to the spending of the previous financial year. The original health budget, in aggregate, has been increased by R4.2 billion during the provincial adjusted estimates process.
Eastern Cape 11 773 927 12 158 025 103.3% 26.8% 10 492 154 15.
Free State 5 512 642 5 200 374 94.3% 27.8% 4 459 566 16.
Gauteng 17 200 765 18 386 243 106.9% 30.8% 15 679 476 17.
Kw aZulu-Natal 18 329 163 20 348 491 111.0% 31.9% 17 103 101 19.
Limpopo 9 358 949 9 033 160 96.5% 25.3% 7 960 489 13.
Mpumalanga 6 047 714 5 769 726 95.4% 24.3% 4 452 526 29.
Northern Cape 2 301 429 2 205 470 95.8% 27.0% 1 742 110 26.
North West 5 205 391 5 151 579 99.0% 25.4% 4 485 187 14.
Western Cape 10 463 716 10 359 000 99.0% 34.4% 8 655 845 19.
Total 86 193 696 88 612 068 102.8% 29.0% 75 030 454 18.
Free State and Mpumalanga have spent the lowest share of their health adjusted budgets at 94.3 per cent and 95.
Gauteng recording the highest rate of spending at 111 per cent and 106.9 per cent respectively.
Eastern Cape 6 267 262 7 398 302 118.0% 26.1% 6 085 080 21.
Free State 3 183 257 3 145 186 98.8% 28.9% 2 881 158 9.
Gauteng 9 601 125 9 798 363 102.1% 35.0% 8 158 267 20.
Kw aZulu-Natal 10 210 534 11 370 492 111.4% 31.9% 10 077 044 12.
Limpopo 5 669 992 5 607 418 98.9% 24.1% 4 692 208 19.
Mpumalanga 3 226 236 3 082 267 95.5% 22.5% 2 603 406 18.
Northern Cape 1 078 394 1 034 653 95.9% 23.2% 890 654 16.
North West 2 883 727 2 876 388 99.7% 25.4% 2 537 267 13.
Western Cape 5 748 979 5 780 230 100.5% 36.7% 4 876 271 18.
Total 47 869 506 50 093 299 104.6% 29.2% 42 801 355 17.
Health personnel expenditure is at R50.1 billion or 104.6 per cent of the health personnel adjusted budget of R47.9 billion, an increase of 17 per cent or R7.3 billion more compared to the R42.8 billion spent in 2008/09.
The preliminary outcome on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure, is recorded at 108.3 per cent or R32.2 billion of the R29.7 billion adjusted budget. This is an increase of 22.5 per cent or R5.9 billion compared to the R26.3 billion outcome in 2008/09.
Eastern Cape 1 286 480 940 217 73.1% 28.4% 821 836 14.
Free State 473 349 319 530 67.5% 20.1% 326 092 -2.
Gauteng 1 793 003 1 119 945 62.5% 49.4% 1 308 629 -14.
Kw aZulu-Natal 1 496 725 1 535 872 102.6% 29.4% 1 188 449 29.
Limpopo 907 619 760 467 83.8% 33.7% 789 121 -3.
Mpumalanga 858 289 109 233 12.7% 7.4% 387 816 -71.
Northern Cape 472 850 376 274 79.6% 35.2% 196 171 91.
North West 508 958 502 289 98.7% 29.3% 485 616 3.
Western Cape 841 268 704 577 83.8% 28.0% 469 518 50.
Total 8 638 541 6 368 404 73.7% 29.7% 5 973 248 6.
Capital expenditure in the health sector is R6.4 billion or 73.7 per cent of the R8.6 billion health capital adjusted budget. This is lower than the overall capital expenditure against adjusted budgets of 89.3 per cent.
However, this is higher by 6.6 per cent or R395.2 million more than the R6 billion spent for the same period last year. Between provinces, the lowest rate of spending is in Mpumalanga at 12.7 per cent and Gauteng at 62.5 per cent with KwaZulu-Natal and North West recording the highest rate of spending at 102.6 per cent and 98.7 per cent respectively.
Provinces registered spending of R9.1 billion or 98.2 per cent of their R9.2 billion social development adjusted budgets. This represents an increase of 8.7 per cent or R721.9 million above the R8.3 billion spent in 2008/09.
Eastern Cape 1 454 622 1 434 382 98.6% 3.2% 1 318 792 8.
Free State 669 890 651 654 97.3% 3.5% 540 424 20.
Gauteng 1 943 389 1 902 022 97.9% 3.2% 1 743 200 9.
Kw aZulu-Natal 1 361 280 1 354 345 99.5% 2.1% 1 222 186 10.
Limpopo 782 835 773 879 98.9% 2.2% 701 789 10.
Mpumalanga 768 343 748 648 97.4% 3.2% 657 024 13.
Northern Cape 428 766 420 074 98.0% 5.1% 362 606 15.
North West 634 105 607 751 95.8% 3.0% 575 067 5.
Western Cape 1 180 818 1 165 459 98.7% 3.9% 1 215 245 -4.
Total 9 224 048 9 058 214 98.2% 3.0% 8 336 333 8.
Between provinces, there are varying degrees of spending with the lowest being in North West at 95.8 per cent and Free State at 97.3 per cent while the highest are KwaZulu-Natal at 99.5 per cent and Limpopo at 98.9 per cent.
Housing and local government adjusted budgets at R18.1 billion comprise 6 per cent of total provincial adjusted budgets.
The preliminary outcome for the housing and local government sector is recorded at R17.7 billion or 97.5 per cent of the housing and local government adjusted budgets. This represents an increase of 16.9 per cent or R2.6 billion more than the R15.1 billion outcome in 2008/09.
Eastern Cape 2 301 987 2 272 507 98.7% 5.0% 57.8% 1 779 976 27.
Free State 1 307 006 1 300 686 99.5% 6.9% 73.9% 1 127 426 15.
Gauteng 4 100 906 4 029 311 98.3% 6.8% 78.3% 3 665 452 9.
Kw aZulu-Natal 3 667 631 3 516 069 95.9% 5.5% 59.4% 2 896 818 21.
Limpopo 1 410 497 1 394 320 98.9% 3.9% 64.1% 1 200 729 16.
Mpumalanga 1 392 375 1 336 078 96.0% 5.6% 56.9% 1 231 377 8.
Northern Cape 531 563 529 652 99.6% 6.5% 61.4% 396 625 33.
North West 1 521 067 1 489 230 97.9% 7.3% 73.9% 1 186 153 25.
Western Cape 1 867 324 1 782 547 95.5% 5.9% 85.1% 1 615 635 10.
Total 18 100 356 17 650 400 97.5% 5.8% 68.6% 15 100 191 16.
95.5 per cent and KwaZulu-Natal at 95.9 per cent while the highest are Northern Cape at 99.6 per cent and Free State at 99.5 per cent.
Most of the housing and local government expenditure is on the Integrated Housing and Human Settlement Development conditional grant. Table 11 indicates that provinces spent 97.4 per cent or R12.1 billion of their R12.4 billion housing conditional grant adjusted budget. These spending figures are higher by 17.1 per cent or R1.8 billion over the outcome of last year.
Eastern Cape 1 313 378 1 313 377 100.0% 2.9% 981 016 33.
Free State 962 759 961 803 99.9% 5.1% 859 118 12.
Gauteng 3 187 086 3 156 405 99.0% 5.3% 2 777 520 13.
Kw aZulu-Natal 2 180 448 2 089 580 95.8% 3.3% 1 627 137 28.
Limpopo 996 667 893 165 89.6% 2.5% 824 806 8.
Mpumalanga 795 447 760 277 95.6% 3.2% 796 669 -4.
Northern Cape 325 011 325 011 100.0% 4.0% 219 274 48.
North West 1 100 120 1 099 917 100.0% 5.4% 952 060 15.
Western Cape 1 581 425 1 516 188 95.9% 5.0% 1 305 862 16.
Total 12 442 341 12 115 723 97.4% 4.0% 10 343 462 17.
The preliminary outcome for personnel (compensation of employees) is at 102 per cent or R171.4 billion of the R167.9 billion personnel adjusted budget.
97.9 per cent and 98 per cent respectively while Eastern Cape and KwaZulu-Natal recorded the highest rates at 107.2 per cent and 102.7 per cent respectively.
Eastern Cape 26 403 445 28 304 436 107.2% 62.5% 22 930 548 23.
Free State 11 103 761 10 881 181 98.0% 58.1% 9 633 645 12.
Gauteng 27 428 278 28 031 071 102.2% 47.0% 23 288 700 20.
Kw aZulu-Natal 34 747 375 35 688 746 102.7% 56.0% 31 110 670 14.
Limpopo 22 753 904 23 232 861 102.1% 65.2% 19 518 360 19.
Mpumalanga 13 692 429 13 669 246 99.8% 57.7% 11 745 139 16.
Northern Cape 4 548 934 4 452 467 97.9% 54.5% 3 885 606 14.
North West 11 451 799 11 332 634 99.0% 55.8% 9 885 967 14.
Western Cape 15 793 964 15 766 699 99.8% 52.4% 13 444 577 17.
Total 167 923 889 171 359 341 102.0% 56.1% 145 443 212 17.
The preliminary outcome for the "Payments for Capital Assets" category (capital), in aggregate, is at 89.3 per cent or R21.4 billion of the R24 billion capital adjusted budget. This is 1.1 per cent or R230.6 million more than the R21.2 billion spent in the 2008/09 financial year.
Table 13 provides capital spending information by province, which indicates low rates of spending in Mpumalanga at 64.7 per cent and Gauteng at 75.6 per cent and high rates in KwaZulu-Natal at 101.1 per cent and North West at 100.1 per cent. However, in absolute terms, KwaZulu-Natal has spent the most at R5.2 billion followed by Eastern Cape at R3.3 billion and Western Cape at R2.5 billion.
Eastern Cape 3 611 552 3 305 139 91.5% 7.3% 3 075 941 7.
Free State 1 869 264 1 593 377 85.2% 8.5% 1 638 782 -2.
Gauteng 2 995 817 2 266 054 75.6% 3.8% 2 336 451 -3.
Kw aZulu-Natal 5 168 421 5 223 092 101.1% 8.2% 6 080 417 -14.
Limpopo 2 408 030 2 256 476 93.7% 6.3% 2 089 868 8.
Mpumalanga 2 282 086 1 477 115 64.7% 6.2% 1 876 180 -21.
Northern Cape 1 085 167 1 070 108 98.6% 13.1% 753 521 42.
North West 1 713 351 1 714 525 100.1% 8.4% 1 425 272 20.
Western Cape 2 862 608 2 512 754 87.8% 8.4% 1 911 634 31.
Total 23 996 296 21 418 640 89.3% 7.0% 21 188 066 1.
Table 14 (overleaf) reflects the preliminary outcome on conditional grant adjusted allocations of the 2009/10 financial year for all provinces. It includes conditional grant roll-overs from the 2008/09 financial year and other provincial adjustments, but excludes spending on general purpose conditional grants (Schedule 4 grants) like National Tertiary Services, Health Professions Training and Development and the Infrastructure grant to provinces, as reporting against these grants cannot be separated from the provinces' health and capital budgets.
Total excluding Schedules 4,8 grants & Gautrain 24 413 577 1 694 581 822 384 26 930 542 25 727 094 24 973 074 92.
Against the total adjusted allocation of R29.9 billion, this excludes Schedules 4 and 8 grants, the rate of conditional grants spending amounts to 93.5 per cent or R27.9 billion. However, when excluding the Gautrain Rapid Rail Link grant, the conditional grant expenditure amounts to R25 billion or 92.7 per cent against a total adjusted allocation of R26.9 billion.
Specific grants that show low rates of spending include 2010 World Cup Health Preparation Strategy (16.
(20.6 per cent), Transport Disaster Management (51.
(65.6 per cent), Hospital Revitalisation (76.
(88.7 per cent) and Devolution of Property Rate Funds (79.2 per cent).
Table 15 indicates selected conditional grant spending rates as at 31 March 2010 (preliminary outcome). It further indicates that five or more provinces have spent less than 95 per cent of their grants adjusted budgets at the end of the financial year for the following grants: Community Library Services, HIV and Aids (Life Skills Education), Hospital Revitalisation and Devolution of Property Rate Funds.
Provincial revenue includes adjusted equitable share allocations of R240 billion, conditional grants of R51.1 billion and own revenue of R9.3 billion. The total provincial revenue received and collected at the end of the 2009/10 financial year is recorded at R300.4 billion or 100 per cent of total adjusted revenue of R300.5 billion.
National government transferred R240 billion of the equitable share and R50.6 billion or 99 per cent in conditional grants, to provinces at the end of the 2009/10 financial year.
The preliminary outcome on provincial own revenue suggests that provinces have collected R9.7 billion or 104.4 per cent of their own revenue adjusted budgets of R9.3 billion, which is 3.6 per cent or R336.2 million more than what was collected for the 2008/09 financial year.
The collection rate varies from 92.1 per cent in Gauteng and 98.2 per cent in Free State, to a high of 127.2 per cent in Northern Cape and 115.1 per cent in Limpopo.
Eastern Cape 703 652 797 252 113.3% 1.8% 967 206 -17.
Free State 627 202 615 801 98.2% 3.3% 580 785 6.
Gauteng 2 826 638 2 603 513 92.1% 4.6% 2 354 501 10.
Kw aZulu-Natal 1 645 029 1 848 864 112.4% 2.9% 1 701 824 8.
Limpopo 554 438 638 322 115.1% 1.8% 534 521 19.
Mpumalanga 490 314 500 739 102.1% 2.1% 517 761 -3.
Northern Cape 141 066 179 506 127.2% 2.1% 169 583 5.
North West 607 709 623 526 102.6% 3.0% 626 833 -0.
Western Cape 1 714 905 1 916 872 111.8% 6.4% 1 935 138 -0.
Total 9 310 953 9 724 394 104.4% 3.2% 9 388 152 3.
<fn>GOV-ZA.20100507Gg33164Noticer356ExhumeEn.2012-02-10.en.txt</fn>
The President has, under section 27(2) of the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995), and after the procedures prescribed in sections 4(f)(i) and 27(1) and (2) of the said Act have been complied with, made the Regulations in the Schedule.
"deceased victim" means a person who was reported to the Commission as having disappeared or gone missing and who, according to information at the disposal of the prosecuting authority obtained during an investigation into the disappearance, died during the period 1 March 1960 to 10 May 1994, as a result of harm suffered as referred to in the definition of "victim" in section 1 of the Act.
Authority Act, 1998 (Act No.
"symbolic burial" means a ceremony during which the life and death of the deceased victim, whose physical remains cannot be found, are honoured; and "the Act" means the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995).
The Accounting Officer is responsible for the application of the Regulations.
The Fund Administrator must, within one month after the commencement of the Regulations, submit to the Accounting Officer for approval in writing, administrative measures that will ensure adequate financial controls regarding the payment of assistance.
(a) A relative of a missing person may request the assistance as provided for in subregulation (2)(a) and (b).
A relative of a deceased victim may request the assistance as provided for in subregulation (2) (c).
R8 500,00 for each symbolic burial as a contribution towards the expenses incurred in connection with the symbolic burial of a deceased victim.
not received the assistance provided for in subregulation (2)(c)(i), may request the assistance provided for in subregulation (2)(c)(i).
The requester and not more than three recipients may, at the expense of the Fund, make use of private or public transport provided for in subregulations (2), (3) and (4) in order to attend the exhumation procedures in respect of a missing person.
in the case of public transport, an amount equal to the fare for the least expensive transport along the shortest route.
has in writing approved the use thereof prior to the journey.
On submission of satisfactory proof, the requester and the recipient are entitled to be reimbursed for any reasonable actual expenses incurred in respect of parking and toll fees.
the Fund Administrator is satisfied that the transport and travel costs are warranted.
Regulations 7 to 13 of the Regulations shall apply with the necessary changes in respect of a request for transport and travelling allowances in respect of further exhumation procedures.
R60,00 for incidental expenditure for each period of 24 hours, or part thereof, of absence from his or her residence if the Fund Administrator is satisfied that the expenditure was necessary and reasonable.
The allowances provided for in subregulations (1)(a) and (b) must be utilised for accommodation, all meals and refreshments.
the Fund Administrator is satisfied that the subsistence allowances are warranted.
Regulations 7 to 13 of the Regulations shall apply with the necessary changes in respect of a request for subsistence allowances in respect of further exhumation procedures.
The Fund Administrator must, before deciding that an organ of state must provide legal assistance to the requester, obtain the approval of the organ of state which is to provide the legal assistance.
The Fund Administrator must, if financial assistance is to be provided, determine a maximum amount for this purpose, taking into account the fees as arranged from time to time between the State Attorneys, appointed in terms of section 2 of the State Attorney Act, 1957 (Act No. 56 of 1957), and the General Council of the Bar of South Africa.
A request for assistance as provided for in regulation 3 must be made in the form of the request form contained in the Annexure.
by a person over the age of 21 years who knows the requester, if another relative of the missing person or deceased victim, as the case may be, is not available.
The request form must be available at the office of the Fund Administrator.
in the case of regulation 10(1)(c), by a certified copy of the identity document of the person, other than the requester or the recipient, in whose bank account the assistance provided for in the Regulations is to be paid.
The banking details in the request form must be confirmed by the bank by affixing the official stamp of the bank on the request form.
The request form must, after completion by the requester, be submitted to the Fund Administrator.
make the payment in accordance with the directions of the requester, as indicated in the completed request form.
the Fund Administrator is satisfied with the aspects provided for in subregulation (1)(b).
The Fund Administrator must, after the procedural requirements and conditions provided for in regulation 7 have been complied with, make a decision on a request for assistance.
inform the requester orally, if his or her contact particulars are available, and in writing of the decision and the right of the requester to lodge representations should the requester not agree with the decision.
If the Fund Administrator decides that no assistance is to be rendered or if he or she decides that the assistance to be rendered is less than the assistance requested, the Fund Administrator must inform the requester orally and in writing of the reasons for the decision.
in the case of financial assistance as provided for in regulation 3(2)(b), to the person who rendered the legal assistance.
retain proof of the payment.
A requester who is aggrieved by a decision of the Fund Administrator regarding assistance may make representations to the Accounting Officer.
must, where possible, be accompanied by documents substantiating the reasons why the person is aggrieved.
by facsimile or e-mail transmission, the proof of which must be retained and the original thereof must be submitted by registered post.
The Fund Administrator must, immediately upon notification by the Accounting Officer of representations received, submit to the Accounting Officer the documents in his or her possession that relate to the matter, together with his or her reasons for the decision.
The Accounting Officer may, in order to make a finding regarding the representations, make any enquiries he or she deems fit.
The Accounting Officer must, as soon as possible but not later than five working days from the date of receipt of representations, make a finding in regard to the representations and inform the person who made the representations orally, if his or her contact particulars are available, and in writing of his or her findings.
form part of the estate of the requester or recipient, should such estate be sequestrated.
These Regulations are applicable in respect of an exhumation, reburial or symbolic reburial conducted in South Africa.
These regulations are called the Regulations on Exhumation, Reburial or Symbolic Burial of Deceased Victims.
Use this form to request assistance in respect of the exhumation of the remains of persons reported as missing to the Truth and Reconciliation Commission (TRC) or an application for an order presuming the death of a missing person reported to the TRC or the reburial or symbolic burial of deceased victims.
Only a relative designated by the other relatives of the missing person or deceased victim may request assistance by completing this form.
a person who was a blood relation of the missing person or deceased victim.
(Attach a certified copy of the identity document.
Are you a relative of the missing person or deceased victim?
How are you related to the missing person or deceased victim?
NOTE: If you cannot be contacted directly, give the telephone particulars of a person through whom you can be contacted.
a person over the age of 21 years who knows the requester, if another relative is not available.
(d) (e) (f) Title: Indicate any other surnames: Identity Number: (Attach a certified copy of the identity document.) In which capacity are you signing (See note above, e.g. relative.?
Cell phone: NOTE: If you cannot be contacted directly, give the telephone particulars of a person through whom you can be contacted.
a once-off grant of R8 500,00 per symbolic burial.
A relative of a deceased victim who has reburied a deceased victim prior to the commencement of the Regulations and who has not received a once-off grant of R15 000,00, may only request the assistance of a once-off grant of R17 000,00.
Particulars about the assistance are contained in regulations 4, 5 and 6 of the Regulations. A copy thereof is obtainable from the Office of the Fund Administrator.
The banking details must be confirmed by the bank by affixing the official stamp of the bank on the form.
at (place of exhumation).
(*Delete whichever is not applicable.
A transport allowance is requested for (requester) who must travel on (date) at (time) from to (place of exhumation).
(Give reasons why and the period for which the accommodation is hired.
A transport allowance is requested for (first recipient) who must travel on (date) at (time) from to (place of exhumation).
A transport allowance is requested for (second recipient) who must travel on (date) at (time) from to (place of exhumation).
(Give reasons why and the period for which accommodation is hired.
A transport allowance is requested for (third recipient) who must travel on (date) at (time) from to (place of exhumation).
It is intended to bring an application to the High Court, for an order presuming the death of , a person who was reported to the Truth and Reconciliation Commission as missing and who is believed to have disappeared or who went missing during the period 1 March 1960 and 10 May 1994 as a result of the conflicts of the past. Assistance provided for in regulation 3(2)(b) of the Regulations is requested for the purposes of the application to the High Court.
The person went missing (state the date on which or period during which the person went missing) at or near (state the place where the person is believed to have gone missing).
at (place of burial) and therefore a once-off grant of R17 000,00 is requested.
The remains of , the deceased victim, could not be found and therefore a once-off grant of R8 500,00 for a symbolic reburial is requested.
i. have consulted with the other relatives of the *missing person/deceased victim; and ii. have been designated by the other relatives of the *missing person/deceased victim to be the requester.
COMMISSIONER OF OATHS REQUESTER (*Delete whichever is not applicable.
ii. *am a person over the age of 21 years who knows the requester.
COMMISSIONER OF OATHS PERSON COUNTERSIGNING THE REQUEST (*Delete whichever is not applicable.
<fn>GOV-ZA.2010051001En.2012-02-10.en.txt</fn>
National Treasury releases for public comment a draft of the 2010 Taxation Laws Amendment Bills which give effect to the 2010 Budget tax proposals. The draft legislation and explanatory memorandum can be found on the National Treasury (www.treasury.gov.za) and (www.sars.gov.za) websites.
The draft 2010 Taxation Laws Amendment Bills are published for public comment before formal introduction in Parliament. The Standing Committee on Finance convenes informal hearings on these draft Bills and considers public comments received. The Bills are then revised by the National Treasury to take account of the public comments and presented to the Committee in a response document before the revised bill is formally introduced by the Minister of Finance.
For technical reasons, the draft tax laws continue to be split into two bills - a money bill (section 77 of the Constitution) covering issues relating to rates and base and an ordinary bill covering administration (section 75 of the Constitution).
Employer-provided motor vehicles: With effect from 1 March 2010, the deemed kilometre method for deducting expenses associated with the car allowance was repealed (leaving only the logbook method). The proposed legislation now seeks to tighten the rules relating to employer-provided motor vehicles so as to prevent tax arbitrage. These proposed changes increase the fringe benefit inclusion rate for "company cars" to 4 per cent per month (with only 3.2 per cent included per month in respect of Pay-As-You-Earn withholding). Relief against the 4 per cent fringe benefit will be granted on assessment and is based on actual business use (kilometres), proportional deductions for the private element of actual expenditure on license fees, insurance premiums and maintenance with private fuel costs based on a deemed rate per kilometre.
Retrenchment Merger: In 2008 and 2009, legislation was introduced in respect of retirement and pre-retirement withdrawal pension benefits that are now subject to a tax-preferred calculation that includes a tax free amount of R300 000 as well as a favourable marginal rate structure. In order to promote uniformity (and avoid duplication), employer-provided lump sum termination payouts will form part of the tax-preferred calculation.
Key Person Insurance Plans: Two types of key person insurance plans are commonly funded by employers. In legitimate cases, insurance plans offer payouts to employers so as to protect their businesses against the loss of profits if a key employee suffers from ill-health or disability or dies. In more suspect cases, these plans are used to provide low taxed, deferred compensation with all policy proceeds implicitly intended for the key employee as a form of deferred salary. The proposed legislation tightens the deduction criteria in order to eliminate this tax avoidance while expanding the deduction to allow for insurance policies that act as commercial collateral or payment to third party business creditors.
Narrowing of the interest exemption threshold: The interest exemption threshold for natural persons will be increased (to R22 300 for ages below 65 and R32 000 from ages 65 and above). Although the intended purpose is to promote savings by middle and lower income households, the exemption has increasingly become a planning tool to reduce the tax on otherwise existing investments (thereby representing a deadweight loss to the fiscus). The category of permissible instruments giving rise to the interest exemption will accordingly be narrowed. The effectiveness of this incentive will also be reviewed.
Islamic Finance: The tax system does not currently cater for Islamic financing, thereby hindering the growth of South African financial service activities in this regard. The proposed amendments seek to place certain Shari'a compliant products (Mudarabah, Murabaha and Diminishing Musharaka) on an equal tax footing with conventional finance products. One benefit of the proposal is to provide Islamic savings products with the R22 300/R32 000 exemption for interest available to traditional savings products.
Interest expense allocation: Interest expenses allocable to revenuegenerating assets are generally deductible while interest expenses allocable to non-revenue producing assets are not. A concern exists that financial institutions are deducting beyond what should be equitably allowed according to basic tax principles (leading to disparities that are also costly to the fiscus). The proposal seeks to close these loopholes by requiring specific tracing measures currently available in the case of legitimate non-tax motivated commercial transactions.
South Africa as a regional financial centre: South Africa is the economic powerhouse of Africa, has a developed infrastructure and an advanced financial services industry. These qualities (including its tax treaty network) make South Africa an ideal location for foreign investors to base the management of their regional operations. The proposal eliminates tax hurdles so that foreign investors can utilise South Africa as a launching point into the region. Tax hurdles are also being eliminated so that foreign investors can utilise South Africa as a central point for various regional equity fund investments.
Cross-border interest: The current blanket exemption for cross-border interest carries risks to the fiscus. The current exemption has often led to cross-border mismatch schemes resulting in deductions for interest paid offshore, without corresponding taxable income. The funds paid are often retained offshore or returned as tax-free dividends. The proposal seeks to tax interest flowing offshore whilst retaining significant exemptions so as to leave interest received by cross-border portfolio foreign investors unaffected. These exemptions include crossborder interest from bonds issued by any organs of state by any sphere of government, bonds listed on the JSE, interest paid by collective investment schemes, interest paid by banks and interest related to international trade finance.
Voluntary disclosure programme: To encourage taxpayers to come forward and avoid the future non-discretionary imposition of interest, a voluntary disclosure programme will be instituted from 1 November 2010 to 31 October 2011. Taxpayers may come forward during this period to disclose their defaults and regularise their tax affairs if disclosure is made before they are aware of a SARS audit or investigation. Although the full amount of tax will remain due, additional tax, penalties (other than administrative penalties) and interest relating to the default will be waived for qualifying taxpayers. SARS will also not pursue criminal prosecution in respect of the default. Under limited circumstances, disclosure may be made after taxpayers have become aware of an audit or investigation, in which case the above benefits will apply except that 50 per cent of the interest relating to the default will be waived. The voluntary disclosure programme will be supported by a simultaneous exchange control programme that will be brought into effect separately. More details on the programme will be forthcoming from SARS and SARB in the coming weeks.
Discontinuation of standard income tax on employees (SITE) administrative provisions. The standard income tax on employees' (SITE) was introduced in the late 1980s to limit the number of personal income tax returns filled annually, freeing up resources to deal with more complicated returns. Technological improvements have overtaken the need for the SITE system. The implementation of eFiling for individuals now allows for taxpayers earning up to R120 000 per annum with a single employer and no additional income or deductions not to file an income tax return, although they are liable to register as taxpayers. The discontinuation of SITE may potentially result in an increased tax liability for some low-income taxpayers with more than one source of income. SITE will be phased out over a three year period in order to limit any potential hardship to these taxpayers.
The National Treasury and SARS are scheduled to brief the Parliament's Standing Committee on Finance regarding the draft legislation on 18 May 2010 (subject to confirmation by Parliament). Comments should be submitted to the National Treasury via Nomfanelo Mpotulo at Nomfanelo.mpotulo@treasury.gov.za and to SARS via Adele Collins at acollins@sars.gov.za by 11 June 2010.
Comments should also be submitted to the Parliamentary Standing Committee on Finance with informal hearings currently scheduled for the 1st and 2nd of June 2010 (subject to confirmation by Parliament). For further details about the Parliamentary hearings and submission process, contact Bradley Viljoen at Parliament at bviljoen@parliament.gov.za or by telephone on 021 403 3759. To assist with the processing of comments in regard to all of the above submissions, comments should be given in the order listed as per the explanatory memorandum.
<fn>GOV-ZA.2010051002En.2012-02-10.en.txt</fn>
This media statement is being released along with the Taxation Laws Amendment Bills, 2010 to highlight the ongoing review of tax issues relating to offshore captives and protected cell companies. Although these issues were raised in the 2010 Budget Review, it was decided that these issues should be investigated further rather than inserted for inclusion within the Taxation Laws Amendment Bills, 2010.
Two related concerns were raised in the 2010 Budget Review. One concern was the over-funding of offshore captives in order to artificially generate deductions. A related concern was the growing existence of offshore protected cell companies.
Captive subsidiaries can be a legitimate method of managing risk. Contingent liabilities of a business may be so frequent that these risks can be internally assessed and managed at cheaper cost than reliance on various forms of outsourced risk insurance. Captive insurers come in two basic forms - 3rd party (payments going directly to third party clients of the insured group company) and 1st party (payments going back directly to the insured group company).
Despite their commercial uses, captive subsidiaries (especially offshore captive subsidiaries) may be used to undermine the tax base. The Income Tax system does not generally permit deductions for reserves against future risks. If the captive subsidiary generally pays out claims equal to (and within a short time after) premiums are received, little risk exists to the tax base. The tax base is only at risk once payouts are less than premiums are received or the time delay between the two events becomes too far apart. A related concern also exists that the over-funding of captives may represent an attempt to obtain deductions for amounts that are otherwise viewed as a non-deductible investment.
In terms of tax avoidance, the main concern is the use of offshore captive insurers. Offshore captive insurers often remain untaxed when receiving premiums, even if the insurer fails to make corresponding payouts after a long period. In some instances, these insurers may even distribute the excess premiums back to the insured free of tax. Although current tax rules relating to controlled foreign companies curtail this practice, the controlled foreign company tax rules have obvious weaknesses. Firstly, not all offshore captives are under indirect South African control (a precondition for applying the controlled foreign company ruels). Secondly, the current tax rules allowing for short-term deductions may be to permissive (indeed, if these rules are too permissive, a tax problem for the fiscus may even exist in respect of onshore captives).
A cell company offers limited liability for each cell within the company. Stated differently, each cell is a stand-alone company for limited liability purposes, meaning that creditors/claimants seeking funds from a cell cannot look to the rest of the cell company for payment if a cell's funds fall short. Cell companies typically have a main cell reserved for the shareholders with ownership held through ordinary shares. This portion of the cell represents the service-provider. Other cells represent client interests with ownership of each cell held through a separate class of shares.
Variations in the structure of offshore cell entities depend on the protection and ring fencing of the assets and liabilities of each cell. All cell legislation provides limited liability as discussed above. However, some jurisdictions additionally segregate the liquidation of the cells, and other jurisdictions even segregate tax consequences. It should be noted that South Africa does not offer cell companies in a true sense, lacking true cell limited liability. Claimants against a South African cell can recover from all South African cell company assets; however, a cell owner is contractually required to refund the cell for any shortfalls.
Cells, like captives, have legitimate non-tax commercial uses. Most notably, cells offer a strong middle-ground alternative to outsourced insurance and captive insurance subsidiaries.
(e.g. the annual license fee and upfront registration with the Financial Services Board).
However, it is notable that most jurisdictions offering cell legislation can also be viewed as tax haven or low-tax/no tax jurisdictions. The nature of the cell is such that cells can easily evade offshore tax avoidance legislation, such as the rules relating to controlled foreign companies. It is these tax avoidance uses that are of concern to the local tax system.
Given the range of issues (and the need to balance legitimate commerce against anti-avoidance concerns), it was decided that immediate tax legislation for 2010 is premature. Piecemeal changes not only may miss the mark but also disrupt legitimate commerce. Instead, National Treasury will continue to engage with relevant stakeholders.
Tightened controlled foreign company legislation: The ownership criteria for controlled foreign companies could be tightened. Under this scenario, each cell in an offshore protected cell company would be measured as a deemed separate company. In addition, the effective management test could be measured cell-by-cell rather than company-by-company. The goal of these changes would be to neutralise the tax benefits of an offshore cell vis-à-vis an onshore cell.
Taxable premium calculations: The current tax rules are designed to ensure that short-term insurance premiums should generally be taxable in the hands of the short-term insurer unless claims relate to the year of receipt. However, a growing number of exceptions appear to be emerging in this regard. Co-ordination will also be required with new insurance regulatory criteria so that over-conservative principles are not utilised to undermine the tax base.
Dividend recoupments: Tax avoidance cycle schemes appear to exist involving the over-funding of captive insurers. Under this practice, the captive is over-funded to reduce the tax base of the insured; the overfunded insurer then repatriates the funds back to the insured via tax-free dividends. One option would be to create a deemed recoupment for dividends recycled in this manner.
Limiting deductible payments: Deductible premiums may have to be limited in the case of captive insurance relationships to prevent overfunding. In addition, the timing rules for insurance premium deductions may have to be reviewed so that insurance premium deductions more closely match the income of captive short-term insurers.
In order to facilitate ongoing consultation with relevant stakeholders, the National Treasury is formally requesting public comments in respect of the above-mentioned proposals. Comments should be sent to Lutando Mvovo by email at lutando.mvovo@treasury.gov.za or by fax to 012 315 5516. Please ensure that these comments reach the National Treasury by 16 July 2010.
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It is one year exactly since the appointment of the new government, and nearly three months since this year's Budget was presented to the House.
Last year's financial accounts are now closed. Allow me to begin with a word of appreciation for the many thousands of public servants who have quietly and diligently kept orderly books of account over the past year, contributing to sound audit reports and measurable value for money in government expenditure.
The heroes of good governance are these honest, hard-working officials. The revenue at our disposal, and effective stewardship of our public resources, would not be possible without their ordinary and disciplined patience with double-entry record-keeping in the public accounts. Yes, I know there is much to be done to improve public accounting. But the fact that we can meet today, six weeks after the close of the financial year, and comment on the fiscal outcome with reliable numbers at our disposal is testimony to the sound foundations that are in place in the work of the Accountant-General, the Auditor-General and our Accounting Standards Board.
Mister Chairperson, the books have been closed on last year - revenue was about R8 billion more than we expected, and expenditure a bit less. The budget deficit was 6.7 per cent of GDP - rather better than 7.3 per cent that was anticipated, though considerably wider than 1.0 per cent of GDP recorded in 2008/09.
The Ministers' Committee on the Budget and the Treasury have begun work on next year's budget. Preliminary data suggest that we will see moderate economic growth this year, perhaps somewhat higher than we projected in February. But last week's employment statistics were a sobering reminder that more must be done, more urgently, to restructure our economy and create jobs, particularly for young people.
Nationally and internationally, economic and financial developments continue to present formidable challenges both to our understanding of the growth and development process and to the practical implementation of policy and government programmes.
We have been witness to some extraordinary events unfolding in Europe over the past few weeks.
After months of uncertainty and inaction, the European Union has taken action to ward off a further crisis in financial markets.
Despite immense public anger and protest action, the Government of Greece has been obliged to enact a 30 billion euro fiscal curtailment programme, while negotiating a 110 billion euro debt restructuring arrangement with member countries of the European Union and multilateral financial institutions.
Several other European economies face the possibility of similar difficulties, and questions are being asked about the sustainability of the European Union itself. Late on Sunday, the EU and the IMF agreed to an historically unprecedented one trillion euro financial support programme.
So on the one hand, the global recession of 2008 and 2009 appears to be over. Many economies including our own have experienced encouraging growth in trade and activity over the past six months. Yet on the other hand there is widespread concern that the fiscal debt problems of OECD countries will spill over into another financial crisis and a second wave of trade and employment cutbacks.
The problems are most severe for countries that entered the recession with high levels of public debt - in several cases in excess of 100 per cent of GDP. Between 2004 and 2007 - at the height of the global boom - Greece was running a budget deficit of 6.5 of per cent GDP, with debt averaging 106 per cent. Today, Greece's debt is 140 per cent of GDP, and the budget deficit was 13 per cent of GDP last year.
Though we are not in this position, we need to take a closer look at the current turbulence in global finances, because the underlying trends may hold lessons for our own development path. How did other countries get into such difficulties The immediate crisis is typically straightforward - it is a story that has taken many forms, in many countries, over many centuries?
Unsustainable borrowing is the mirror-image of imprudent lending - both fuelled by an unrealistic expectation that good times will last forever. When the bubble bursts, borrowers pull back their plans and lenders withdraw credit, trade declines, unemployment rises and businesses come under stress.
But this cycle of market euphoria and disillusion is just the surface manifestation of underlying structural imbalances. In the United States, for too long consumption spending ran ahead of production, and American consumers relied on foreign savers. The party came to an end, most dramatically in the collapse of sub-prime housing credits.
In many European economies, the underlying problems are rather different, embedded in difficult-to-change social institutions: pension systems that are unsustainable because life expectancy is now so much higher than it was when these benefit schemes were designed; public sector wage and employment trends that are unaffordable; tax systems that have failed to keep pace with business modernisation; industries that have been left behind by global trends in trade and technology.
Are these simply Europe's problems Or are there signals here of concerns we need to address too?
Our overall fiscal position is in good health. Consistent with our countercyclical stance, we were running a fiscal surplus before the crisis broke, and debt was 27 per cent of GDP. We can therefore respond to the crisis with a wider deficit for several years, without threatening the integrity of the public finances.
We will maintain our fiscal strategy, and at the same time address some key development challenges ahead.
We have not yet made enough progress in our social security and retirement reform agenda - we have an excellent opportunity here to design arrangements that will be durable and equitable, and will avoid the mistakes that many other countries have made in promising more than can be afforded.
In public sector employment we have made substantial improvements to remuneration and career progression in recent years. Over the period ahead, we need to ensure that keep the right balance between paying better wages and salaries, investing in productivity improvements and employing more civil servants in front line services. If we are to achieve sustainable improvements in living standards for all, we have to ensure that salary increases are affordable, equitable and aligned with improvements in performance and service delivery.
And in growing the wider economy, broadening participation, deepening trade and strengthening our revenue base, we have recognised that a new growth path is needed, that industrial policy has to be founded on a well-considered action plan and that we need to do more to promote a dynamic economy, capable of responding both to domestic demand and international opportunities. In reflecting on Europe's experience, we surely also can see lessons for regional cooperation with our neighbours in Southern Africa, the importance of strengthening South-South trade and financial relations and the urgency of governance reform in the world's multilateral financial institutions.
So there is much to be learnt from the international experience, and we will no doubt feel some of the effects of the uncertainty in financial markets and possible downturn in trade again over the period ahead. But the primary lesson is that we must remain focused on our own long-term structural growth and development challenges - these are different in important respects from the European or Asian situation, and we have to construct a development path that is suited to our own circumstances, taking into account our commitment to and shared interest in Africa and the region around us.
As many commentators have noted, Mister Chairperson, while we have become a more integrated community over the past sixteen years, we remain a profoundly unequal society.
What must we do to become more equal How do we overcome the economic gulf between rich and poor, how do we give practical meaning to our commitment to a South Africa that belongs to all?
We should not fall into the trap of thinking that there is an easy road. Economic history is littered with examples of interventions that were shortsighted and self-defeating; policy measures that ignored their unintended negative effects. And even successful and necessary interventions require careful balancing: industrialisation and urbanisation bring transport congestion and rapidly growing housing needs; progress in service delivery is unavoidably uneven in its impact.
But there are clear signposts we need to follow.
One is that employment is a key success factor. Income support and welfare services can contribute to poverty reduction, and education is an important enabling condition, but if workseekers cannot find jobs, then the unemployment fault-line remains a formidable dividing-line between opportunity and vulnerability, between progress and despair.
This leads to a second signpost, which is really a cluster of direction indicators, pointing in a multitude of directions. An economic growth path has to create jobs along many roads - a range of policy measures is needed, and jobs must be created in many sectors, many industries, many occupations, many kinds of skills and associated learning opportunities.
Similarly, the review of our further education institutions and the sector education and training authorities that Minister Nzimande has undertaken is a necessary and critical reform programme - for long-run growth and development has to be accompanied by more effective and better targeted skills development, training and vocational education.
A range of fiscal interventions is also needed, some new and some reinforcements of existing programmes. These include a counter-cyclical policy stance, focused especially on infrastructure investment, strengthening of the Expanded Public Works Programme, targeted relief and income support programmes, trade promotion, capacity building and infrastructure investment in municipalities, and measures focused on youth employment. Responsibility for these and other initiatives is now explicitly set out in performance agreements of the economic cluster Ministers - whose mandate, President Zuma has rightly determined, is firmly focused on the job creation challenge.
I have already pointed to another signpost with important implications for both fiscal sustainability and the long-term trend in income distribution - I refer to the still outstanding work shared amongst several Ministers and Departments for social security reform and the financing of health services.
But income distribution is not only an outcome of public policy and programmes, it is also shaped by social norms, remuneration practices and the exercise of power and privilege. Extreme earnings disparities cause offence not just when they are associated with profiteering or financial malfeasance, but also when the reward for honest work seems disproportionate or weakly aligned with incentives. There is a national discourse needed here, aimed at moderating high-earning remuneration levels within our large corporations, including state-owned enterprises - for the social dimensions of earnings trends can surely not be ignored in the economic calculus of risk and rewards. We are creating a dangerous culture in South Africa, and the divide between the haves and the have-nots will only widen, to our detriment, if we do not address this challenge.
Alongside the economic policy responsibilities we share with several other Ministries, Mister Chairperson, much of the Treasury's work is focused on integrity, accountability and value for money in the use of public funds.
This is an especially difficult challenge in times of economic stringency.
President Zuma has called for us to do things differently, to ensure that we bring better services to South Africans, efficiently and effectively. This is the central aim of our budget process. In the period ahead there will be further reforms to the budgeting system, taking into account the new performance mandates of Ministers and with a special focus on monitoring and measuring performance and progress against identified targets.
We are also mindful of the need for further progress in financial management, supply chain management, human resource management and governance of public entities. I need to express my appreciation for the work of Parliamentary committees in strengthening oversight of government spending, and in particular for the diligence of the Standing Committee on Public Accounts.
We must also thank our trade unions and other organisations for their support in fighting corruption. We must intensify our efforts to root out this culture of "easy money". Instead, we must surely aim to be able to say: "I've worked hard, done creative things, saved and invested, and I've made this money myself instead of taking from the public purse!"
Under this spotlight is a very considerable share of national income. In the current financial year, national and provincial government will spend R907 billion, 33.6 per cent of the GDP - up from 28 per cent just five years ago.
Treasury's first order of business for 2010 is the implementation of the 2010 Budget and the development of the 2011 Budget. Within the currently strained economic and public finance context, the budget process this year will focus strongly on the realignment of existing resources towards priority areas. Cost saving will therefore continue to be an integral part of departmental budgeting and expenditure analysis, as part of a broader review of expenditure and service delivery priorities.
The Treasury is also strengthening its capacity to address long-term infrastructure and capital investment requirements and alternatives. We will in due course benefit from the work of the newly appointed Planning Commission, and we particularly welcome the range of expertise and diversity of perspectives that its membership will bring.
Providing government with funds to finance public services requires that sufficient resources be raised from the economy to pay for these services. In this respect, the South African Revenue Service has provided a sure foundation to our fiscus by raising the financial resources for expanded and accelerated service delivery. We must all thank the millions of honest taxpayers who continue to contribute to the growth and development of our country, especially in these most difficult economic conditions. It remains a central focus of SARS's work that all taxpayers should pay their fair share. This, regrettably, is still not the case! Several further steps will be taken to improve compliance in the year ahead.
Third party data from employers and financial institutions has proved highly effective in identifying cases of tax evasion including employers withholding PAYE deductions and taxpayers failing to disclose interest and other income.
Other sources of data - including the stock exchange data and registration data from other government departments such as Home Affairs and CIPRO provide further scope for closing the net on the non-compliant.
Using data from the Department of Social Development, the National Prosecuting Authority, the Special Investigations Unit, and the South African Revenue Service has identified more than 200 000 individuals who appear to be collecting social service grants unlawfully. Through verification activities country-wide, the authorities will now be in a position not only to collect taxes due from such individuals and apply the relevant punitive measures, but also to ensure that illegitimate social payments are discontinued.
From September this year SARS will require all those receiving any form of employment income - including those below the tax threshold - to be registered with SARS to help reduce the scope for non-compliance.
The net is also closing in on those who have sought refuge in tax havens. In the aftermath of the global financial crisis there has been a welcome acceptance of the need for greater transparency of financial dealings. In the tax arena a number of jurisdictions that have previously been unwilling to share information with SARS have now signalled their willingness to do so. Agreement in principle on the text of Tax Information Exchange Agreements has been reached with the Bahamas, Bermuda, Cayman Islands, Guernsey, Jersey and San Marino. Negotiations are in progress with another three jurisdictions and four more have signalled an interest in negotiations. The world is indeed becoming a smaller place for those non-taxpayers who refuse to contribute their fair share.
The success of collaboration between tax, financial and enforcement agencies in the broader financial and justice systems is also evident from significant progress made in the earlier identification and more efficient dismantling of complex fraudulent schemes aimed at abusing the trust of citizens.
I can today report that further evidence of such collaboration was demonstrated in the early hours of this morning in Durban and Pretoria where SARS investigators assisted by the South African Police, clamped down on a company listed on the JSE's Alternative Exchange, suspected of being involved in another multi-million rand fraudulent investment scheme involving the abuse of trust of vulnerable citizens - this time the product is a so-called "immune booster pack for HIV/Aids sufferers".
Those who seek to abuse the VAT system to defraud the fiscus will also be pursued - as recent arrests have shown. Increased export controls as part of the Customs modernisation programme will assist SARS in identifying fraudulent VAT refunds linked to exports.
SARS and the Department of Home Affairs have developed a real-time riskbased movement control system which significantly enhances our capability to streamline the movement of goods and persons through our ports while at the same time stopping unwanted goods and people. The system is currently being implemented in all key ports of entry ahead of the 2010 FIFA World Cup.
At the same time, continued enforcement actions by Customs and enforcement units in SARS, in conjunction with the South African Police, the Directorate of Priority Crimes and a number of external stakeholders have already made a major impact in the smuggling, manufacturing and distribution of counterfeit goods. More than one million counterfeit DVD's have been seized over the past three months. In addition during the last two weeks In April there were seizures of counterfeit World Cup clothing worth more than R108 million.
Mister Chairperson, the Financial Intelligence Centre continues to play an important role in assisting to identify the proceeds of crime, money laundering and the financing of terrorism. In this past year the Centre identified R66.1 billion that passed through bank accounts in South Africa as suspicious transactions, requiring further investigation by South African law enforcement agencies. At least R128 million was frozen by the Centre for being funds suspected of being the proceeds of crime relating to fraud, various commercial crimes and narcotics trafficking.
The Centre continues to lead the South African delegation to the Financial Action Task Force which deals with combating of money laundering and terror financing standards. At the request of the G-20 the FATF has undertaken a process to identify countries that pose a risk to the international financial regulatory system by not having sufficient measures in place to minimize the abuse of financial institutions. This is one of the issues that the G-20 has been dealing with as it seeks to bring reform and stability to the financial system.
Mister Chairperson, the finance family includes, alongside the National Treasury and the South African Revenue Service, several other institutions with notable roles and responsibilities in securing sound and sustainable financial development.
I am pleased to confirm that the working relationship between the Treasury and the Reserve Bank remains strong, and indeed is critical to our successful negotiation of the uncertainties of the current financial environment. Members of the House will be aware that we have tabled proposals to further secure the independence of the Reserve Bank, to deal amongst other matters with anomalies in the law that might otherwise be abused by opportunistic shareholders. We have a duty not just to protect the integrity of our central bank, but also to affirm its role as a source of statistics and economic analysis, as supervisor of our banking system and as the centre of our international payment system. The Reserve Bank also plays a leading role in the development of the banking and payment systems in the wider region.
Members of the House will also be aware that the Financial Services Board has extensive responsibilities, and the fact that our banking sector and our major savings and insurance institutions remain in good health is in no small measure a consequence of the standards of regulatory oversight applied by the Reserve Bank and the FSB - these are immeasurable institutional strengths.
Allow me to say a few words, before concluding, about an important savings fund which does not yet fall under FSB supervision, but which I believe should in due course also be subject to the Pensions Fund Act and associated regulatory standards. I refer to the Government Employees Pension Fund, which pays pensions every month to some 300 000 former civil servants and invests funds on behalf of over a million employees of national and provincial government.
The GEPF is governed by a Board on which members and the state as employer are equally represented. A separation of administration of contributions and benefits from governance of the Fund has recently been completed. In future therefore a new agency, known as the Government Pensions Administration Agency, will report to Parliament on the administration of pensions on behalf of both the GEPF and the National Treasury, which has several post-retirement and other benefit funds provided for on programme 8 of the voted appropriation. The administration agency now has thirteen regional offices, including new centres at Pietermaritzburg, Durban, Cape Town, Port Elizabeth, Nelspruit, Kimberley and Bloemfontein. The benefit payments backlog has been reduced over the past year by an estimated 37 per cent.
The funds of the GEPF are invested by the Public Investment Corporation, which has steadily widened its funds under management to include not just government bonds but a range of equities, property and targeted infrastructure investments. During the year to March 2009, the PIC's assets under management declined from R786 billion to R739 billion - largely as a result of the general decline in capital markets. During the 2009/10 year a strong recovery was achieved, bringing assets under management to over R900 billion, or some 23.6 per cent up year-on-year.
Much of this investment is channeled to government infrastructure and development priorities, both through government bonds and direct investment in state-owned enterprises. Currently, R91.5 billion is in bonds issued by state-owned enterprises, including Eskom and Transnet issues, funding of the Airports Company to complete the new King Shaka International Airport, construction by SANRAL of the Gauteng Freeway Improvement Programme and investment by the Trans-Caledon Tunnel Authority in several major water infrastructure projects.
In the process of creating value for the GEPF, the UIF and other investor clients, the PIC contributes directly and indirectly to a wide range of development projects. So for example, the PIC has invested R550m in the development of Bridge City, a shopping mall in Kwa-Mashu, 25km North-West of Durban city centre, which will be linked with central Durban by an underground railway station, which is set to be completed in 2011. Other future constructions include a 400-bed provincial hospital, a regional magistrate court; all linked to an inter-model transport hub for taxis, buses, rail and cars.
Financing in support of the National Industrial Policy Action Plan will be prioritized in the period ahead, together with support for affordable housing, educational loans, road infrastructure, and the taxi recapitalisation programme. About R30bn is available to fund economic infrastructure, social infrastructure, sustainability, and job creation projects. Funds of the GEPF together with the Development Bank of Southern Africa will contribute to supporting Eskom in building additional generation capacity and improving the maintenance of its power stations. These are investments with clear longterm social and economic benefits, while also yielding satisfactory financial returns on a risk-adjusted basis.
In concluding let me return, Mister Chairperson, to the uncertainty of the financial and economic outlook of the world economy. These are circumstances in which we have to be cautious in our growth projections and prudent in managing the public finances. But they are also circumstances in which we are called upon to be bold in setting targets for service delivery, and in reinforcing the momentum of infrastructure investment aimed at expanding productive capacity and broadening participation in our economy. We also have to be courageous - perhaps even adventurous - in seeking a new growth path that delivers employment, sustainable growth and a more equal society.
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This government has set itself a clear vision for the next five years. Its vision is embodied in the Medium Term Strategic Framework (MTSF) and the 12 outcomes which government intends achieving over the medium term. The MTSF and these outcomes are the guiding principles that inform the work of the National Treasury and are in line with its strategic focus areas of promoting economic growth and work opportunities; reducing poverty; promoting the optimal allocation and utilisation of resources ensuring good governance and accountability; and maintaining macroeconomic stability. That is why Chairperson we present our budget vote in this house today, to ask this house to approve our allocation such that we are able to deliver on these.
The National Treasury's resolve to improve financial management and ensure that funds are spent effectively remains unwavering. The Office of the Accountant-General and Specialist Functions is to accelerate current efforts targeted at, rooting out wastage, corruption and promoting cost efficiency. Procurement reforms are now currently underway to address the current supply chain management challenges and at the same time align it to government's broader economic objectives. Some of the interventions being explored include analyses of the market; benchmarking of prices; determining the most appropriate method of procurement; and due diligence audits on information provided by bidders prior to the awarding of contracts. This may also result in the centralisation of bids for strategic commodities. Oversight in respect of procurement planning and the auditing of the processes of adjudication and selection of suppliers before the award of large contracts is also to be strengthened.
National Treasury will maintain government's current financial management systems at a level of 98 per cent availability to users by implementing the third phase of the integrated financial management system, which will focus on rolling out the completed procurement, human resource and asset management modules in 2010/11 and fast tracking the development and implementation of the remaining modules in 2011/12.
The period ahead will also see a further strengthening of the country's intergovernmental fiscal system. In line with some of the proposals made by the relevant parliamentary committees when the Division of Revenue Bill was processed, the National Treasury is reviewing the fiscal framework for provincial and local government. Specifically, the provincial equitable share formula is reviewed to improve targeting and to ensure alignment between the delivery agreements signed between the President and the Ministers responsible for concurrent functions like education and health.
Honorable Chair, Members will appreciate the vast fiscal differences that exist between the country's municipalities. The review of the local government fiscal framework will attempt to align, without compromising local accountability, the fiscal system to these differences. In addition, a process is currently underway to review all conditional grants with the aim of rationalising them to ensure that the sphere of government that is closer to the people is funded directly to accelerate the delivery of quality basic services. These reforms will be phased in from next year.
Steps to improve the quality of local government budgets are at an advanced stage. The quality of municipal budget information has improved considerably following the implementation of the new Municipal Budget and Reporting Regulations, which prescribes norms and standards for the preparation and format of municipal budgets. As from the 2010/11 municipal financial year, all 283 municipalities are required to prepare their budgets, adjustment budgets and in-year financial reports in a uniform, prescribed format. This will greatly facilitate transparency and understanding of municipal budgets by councils, communities and other stakeholders and thus enhance oversight.
The Siyenza Manje programme, currently administered by the Development Bank of Southern Africa (DBSA), seeks to build capacity in municipalities. In the past financial year, the programme succeeded in unlocking capital spending of R8.2 billion. Government is currently reviewing the programme to improve its targeting and to ensure its impact is sustainable. Part of the review would look at options to strengthen local government governance, infrastructure delivery and financial management.
It is expected that that these interventions, together with the review of the local government fiscal framework, will put government in a better position to attain a responsive, accountable, effective and efficient local government system. This intervention Chairperson speaks directly to (outcome 9); sustainable human settlements (outcome 8); and vibrant, equitable and sustainable rural communities (outcome 7).
As government, we are continuously confronted with the question of how best to position our DFIs in order to enhance their capacities to effectively and efficiently deliver significant and tangible developmental results to all the qualifying needy individuals and institutions of South Africa. This means that the contributions of DFIs must be measured not by meaningless statistical numbers, but by their direct impact on the lives of the ordinary people of South Africa observable through sustained improvements in incomes and standards of living as a result of access to DFI funding, projects, facilities, and infrastructure base.
In spite of government's concerted efforts, there are still some very significant challenges our DFIs face. These include the sheer quantum and volume of underdevelopment especially in provinces such as the Eastern Cape, Limpopo as well as several places even within the metro areas and the limited capacities of our DFIs in terms of financial resource base to satisfy these needs. These constraints are further impacted by lack of institutional capacities in most implementing institutions such as municipalities, beneficiary contractors, emerging farmers and SMMEs.
The total combined balance sheet of all our national DFIs put together was approximately R142 billion in 2009. A strategic partnership with banks and capital market funds is going to be key to leveraging development finance to ensure greater impact moving forward.
Approximately 98 per cent (R139 billion) of the total Assets of South Africa's DFIs is concentrated in four major DFIs (DBSA, IDC, Land Bank, NEF and NHFC). The IDC constitutes 52 per cent of the total DFIs asset base, whilst the DBSA constitutes 28 per cent.
The National Treasury is the Executive Authority to two DFIs -DBSA and Land Bank.
Currently the DBSA's geographical spread of its developmental loans exhibit a bias towards resourceful metros - Gauteng, Kwazulu Natal and the Western Cape followed by significant presence in the SADC and Multinational Investments.
IV. Assist with the eradication of classroom backlogs in some provinces.
To achieve this, the current budget includes measures intended to enhance the DBSA's capital structure by increasing its callable capital by R15.2 billion from R4.8 billion to R20 billion. This will effectively increase the DBSA's lending capacity from R38 billion currently to R140 billion. Since the increase of the DBSA's callable capital requires the amendment of the DBSA Act, which normally takes time for Parliament to approve, the Minister of Finance has in the interim provided a guarantee of R15.2 billion to the DBSA.
In order to allow the Land Bank to effectively implement its turnaround strategy, the Minister of Finance announced support for the Land Bank with a guarantee of R3.5 billion which will be converted into a capital injection over the MTEF period. In December 2009, the Land Bank received R1 billion from the Adjustment Appropriation Act 2009, reducing the guarantee to R2.5 billion. The Land Bank has been allocated R750 million in 2010/11 financial year, a further R750 million in 2011/12 and R1 billion in and 2012/13.
While ODA makes up just less than 1 percent of our budget, it is important in assisting our country to achieve its overall developmental agenda. The targeted programmes in some sectors like water, health, and science and technology is significant, demonstrating the significant value added by donor agencies. It is therefore important that all government departments receiving ODA improve their reporting and ensure that such assistance is aligned to their budget priorities and adds value to their key development goals. In the spirit of accountability and in affording Parliament an opportunity to engage on ODA related matters the National Treasury will report on a regular basis to Parliament on Government's interaction with our development partners.
The 2010 FIFA World Cup is an African event. Africa is the theatre and South Africa is the stage. The awarding of the right to host the 2010 FIFA World Cup to South Africa in 2004 was a great achievement in itself. Through the medium of television, radio, the internet and print media, a further opportunity exists, between 11 June and 11 July, to showcase the country to billions of people all over the globe including the key decision makers in the global investment community. Even beyond this event we will continue to work with the global investment community to attract the much needed funding for further economic growth.
Hosting the event also contributed to the development of skills; enhanced construction capacity; the creation of employment and economic growth. For example construction of the stadiums sustained 130 200 direct and indirect jobs during the 2007 and 2010 period. Direct jobs accounted for the majority of jobs and was sustained at 66 800. Stadiums construction had a R15 billion direct, indirect and induced economic impact.
R7, 4 billion of benefits accrued to households. R2 billion accrued to low income households.
As we get closer to this event I thank those who have worked diligently to make the hosting of this event a reality. We are indeed ready to host this great event and we now have the skills, competencies and types of structures to deliver mega multi- faceted and integrated infrastructure projects in the future.
Chairperson, I wish to thank the Finance Minister Mr. Pravin Gordhan for his steady hand in the Ministry of Finance, officials from the departments and entities reporting to the Minister of Finance for their dedication and commitment to the to the public service, Members of the Standing Committee on Finance and the Standing Committee on Appropriation, under the leadership of Honorable Thaba Mufamadi and Honorable Elliot Sogoni, for the valuable contribution to our work in government, and my family for their support.
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More than 1 200 global leaders from governments and the private sector gathered in Dar es Salaam from 5 to 7 May for the World Economic Forum on Africa (WEF Africa). The South African government was represented in the Tanzanian capital by President Jacob Zuma and six members of his Cabinet - Ministers Pravin Gordhan, Rob Davies, Naledi Pandor, Ebrahim Patel, Bulelwa Sonjica and Tina Joemat-Pettersson. Attendance by South Africa business leaders was by far the largest to any WEF Africa, held previously in Cape Town.
WEF Africa took place at a time of ongoing fundamental review of traditional paradigms as a result of the economic crisis of 2007/08. The search for new sources of growth and demand was recognised as a new challenge moving forward. There was overwhelming optimism and recognition of the fact that this situation provides new and important opportunities for South Africa and Africa. The world within which we live is a different world with new sets of values, calling for a new way of addressing challenges facing Africa. Developed countries have to make paradigm and mindset shifts in order for the global playing field to be leveled to create space for African countries to compete. In challenging conventional paradigms, there was a strong call by participating Ministers for increased development finance and private finance to leverage country endowments.
The theme of this year's WEF Africa - Rethinking Africa's Growth Strategy - allowed the Government of South Africa (GoSA) to share with other participants a set of key messages in 25 of the 50 working sessions, which were integrated into four themes: building effective institutions and governance structures, fostering sustainable growth and development, managing risks as opportunities, and fostering an empowerment mindset.
ï· Demonstrate the need for visionary leadership in multilateral and bilateral engagements informed by the need for a paradigm shift in the way that the developed world views emerging, middle and poor economies. This is particularly relevant when it comes to global trade and Foreign Direct Investment (FDI). Africa accounted for only 3.5% of global trade in 2008. Similarly, although foreign direct investment inflows to sub-Saharan Africa grew 78% between 2005 and 2007, FDI to the region remains a small fraction of global FDI flows (1.
ï· Ensure that the various role-players that shape an economy collaborate in a symbiotic manner.
More specifically, the central message from the GoSA was that in this changing, and somewhat uncertain world, Africa matters - South Africa matters. South Africa is a proven connector - a bridge not just to the last great investment frontier, Africa, but between old and emerging powers and between old and new ways of doing and seeing things. Domestically, this will require a different growth path to the one that has been fostered in South Africa for more than a century, which is not all that different in the rest of Africa - extracting minerals, selling them on the world market and using proceeds to fund a high standard of living for a small minority of the population. The solution cannot simply be to do more of the same - to sell more minerals and to distribute the proceeds to a new, if somewhat larger elite.
The message from South Africa emphasised that in key areas of domestic policy, such as land reform and agriculture, health and education and crime prevention, there is a much stronger impetus by Government to tackle the challenges of implementation and to measure improvement. South Africa is rich in intellectual capital, as evidenced by our world renowned universities, research institutions, centres of excellence, and technologically advanced businesses and creative sectors. South Africa's innovations in areas such as banking for the poor, astronomy (especially the work on the Southern African Large Telescope and Square Kilometre Array), paleontology and resultant development in ICT, are recognised as playing an important role in the region's development. South Africans should be proud of these achievements.
South Africa's achievements, the size of its economy (relative to the rest of the African continent) and the extent that its businesses are integrated in the economies of Southern Africa make it a critical economic and political player in Africa. The impact of one percentage economic growth in South Africa is said to contribute between 0.5 and 0.75 percent growth in the rest of Africa1. South Africa will therefore strive to play a positive and constructive role on the continent through its drive to promote intra-Africa trade, to increase levels of competitiveness with the objective of making Africa an attractive trade and investment destination and growth pole.
In the final plenary session -Democracy in Africa -President Jacob Zuma emphasised the importance of institutions as pillars to support democracy. In particular, the President highlighted the importance of economic development as a key ingredient in enhancing democracies in Africa.
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WHEREAS allegations as contemplated in section 2(2) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No.
NOW, THEREFORE, I hereby, under section 2(1) of the Act refer the matters mentioned in the Schedule in respect of the Department for investigation to the Special Investigating Unit established by Proclamation No. R.
offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, and which offences were committed in connection with the affairs of the Department; or unlawful or improper conduct by any person, which has caused or may cause serious harm to the interests of the public or any category thereof, which have taken place between 1 January 2006 and the date of publication of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act including recovery of any losses suffered by the Department, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this seventh day of May Two thousand and ten.
No: R. 21 Title: Special Investigating Units and Special Tribunals Act (74/1996): Ref Page 2 of 3 1.
manuals, policies, procedures, instructions and/or practices of or applicable to the Department (hereinafter collectively referred to as "Departmental policies").
The procurement of the services of and contracting with consultants or service providers on or about 2 July 2007 to the approximate value of R60 000 000-00 for the establishment of a Project Management Unit, its staffing and executing its functions and the extension of that contract during or about December 2008 and March 2009 and payments made to them in relation thereto in a manner that was not fair, equitable, transparent, competitive and/or cost-effective; and contrary to applicable legislation, practice notes and/or Departmental policies.
contrary to applicable legislation, practice notes and/or Departmental policies; and fraudulent.
contrary to applicable legislation, practice notes and/or Departmental policies; and corrupt.
The procurement of and contracting for goods and services relating to the implementation of local area networks for about 134 health facilities under tender GT/GHD/107/2007 during or about December 2007 and changes made to the contract during or about August 2008 and payments made in relation thereto in a manner that was not fair, equitable, transparent, competitive and/or cost-effective; and contrary to applicable legislation, practice notes and/or Departmental policies.
The procurement of, contracting for and payments made for goods and services under tender GT/GHD/02/2009 in a manner that was not fair, equitable, transparent, competitive and/or cost-effective; and contrary to applicable legislation, practice notes and/or Departmental policies.
No: R. 21 Title: Special Investigating Units and Special Tribunals Act (74/1996): Ref Page 3 of 3 during or about October 2008 and payments made in relation thereto in a manner that was not fair, equitable, transparent, competitive and/or cost-effective; and contrary to applicable legislation, practice notes and/or Departmental policies.
The procurement of and contracting for services relating to the evaluation of the Transformation Project at the surgical division of the Chris Hani Baragwanath Hospital during or about October 2008 and payments made in relation thereto in a manner that was not fair, equitable, transparent, competitive and/or cost-effective; and contrary to applicable legislation, practice notes and/or Departmental policies.
The procurement of and contracting for goods and services relating to the supply, installation, commissioning and maintenance of ultra violet germicidal irradiation units under tender GT/GHD/22/2008 and payments made in relation thereto in a manner that was not fair, equitable, transparent, competitive and/or cost-effective; and contrary to applicable legislation, practice notes and/or Departmental policies.
fruitless and wasteful expenditure; and expenditure not due, owing and payable in relation to payments made to consultants, suppliers and service providers for any of the aforementioned goods and services to the Department; and in respect of services rendered to address the Auditor-General's qualified audit for the 2007/2008 financial year of the Department with regard to fixed assets.
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No. R. 407 21 May 2010 PROMOTION OF ACCESS TO INFORMATION ACT, 2000 DESCRIPTION SUBMITTED IN TERMS OF SECTION 15(1) I, Jeffrey Thamsanqa Radebe, Minister of Justice and Constitutional Development, hereby publish under section 15(2) of the Promotion of Access to Information Act, 2000 (Act No.
No: R. 407 Title: Promotion of Access to Information Act (2/2000): Description subm Page 2 of 3 3.
SRSA may have drafted or is managing.
MANUAL FOR SPORT AND RECREATION SOUTH AFRICA (SRSA) in terms of Section 14 of the Promotion of Access to Information Act, 2000 (Act No.
The Manual is available on SRSA's website, www.srsa.gov.za; SRSA Offices; and can also be requested from Tersia Grobler as in item 4 above.
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No. R.408 21 Mei 2010 PROMOTION OF ACCESS TO INFORMATION ACT, 2000 DESCRIPTION SUBMITTED IN TERMS OF SECTION 15(1) I, Jeffrey Thamsanqa Radebe, Minister of Justice and Constitutional Development, hereby publish under section 15(2) of the Promotion of Access to Information Act, 2000 (Act No.
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Under the powers vested in me by section 49(1)(b) of the Sheriffs Act, 1986 (Act 90 of 1986), I, Jeffrey Thamsanqa Radebe, Minister of Justice and Constitutional Development, hereby, for the purposes of the said section determine the amount of the fine to be R25 000.
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The Minister of Justice and Constitutional Development, Mr J T Radebe, MP, intends introducing the Constitution Amendment Bill, 2010, in the National Assembly. The particulars of the proposed amendments are hereby published for public comment in accordance with section 74(5)(a) of the Constitution of the Republic of South Africa, 1996. Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister of Justice and Constitutional Development. Comments should kindly be directed to the attention of Mr J A de Lange, Private Bag X 81, Pretoria 0001, by not later than 30 June 2010. (Electronic mail address: jdelange@justice.gov.
To amend the Constitution of the Republic of South Africa, 1996, so as to further define the role of the Chief Justice as the leader of the Judiciary; to change references to "Magistrates' Courts" to "Lower Courts"; to provide for a single High Court of South Africa; to provide that the Constitutional Court is the highest court in all matters; to further regulate the jurisdiction of the Constitutional Court and the Supreme Court of Appeal; to provide for the appointment of an Acting Deputy Chief Justice; to further regulate the terms of office of judges of the Constitutional Court; to further regulate the composition and the functions of the Judicial Service Commission; and to provide for matters connected therewith.
Gazettes Online/National/Notices - General, Government and Others/2010/May/GG 33216 - 21 May 2010 - Government Gazette - Vol 539/No: 414 Title: Constitution of the Republic of South Africa, 1996: Publication of bill amending Constitution: For public comment Origin: Justice and Constitutional Development, Department of Class: General Notice Page: 3/1. Amendment of section 165 of Constitution.
Amendment of section 165 of Constitution.
"(6) The Chief Justice is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts.".
Gazettes Online/National/Notices - General, Government and Others/2010/May/GG 33216 - 21 May 2010 - Government Gazette - Vol 539/No: 414 Title: Constitution of the Republic of South Africa, 1996: Publication of bill amending Constitution: For public comment Origin: Justice and Constitutional Development, Department of Class: General Notice Page: 3/2. Amendment of section 166 of Constitution.
Amendment of section 166 of Constitution.
"(e) any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either the [High Courts] High Court of South Africa or the [Magistrates'] Lower Courts.".
Gazettes Online/National/Notices - General, Government and Others/2010/May/GG 33216 - 21 May 2010 - Government Gazette - Vol 539/No: 414 Title: Constitution of the Republic of South Africa, 1996: Publication of bill amending Constitution: For public comment Origin: Justice and Constitutional Development, Department of Class: General Notice Page: 3/3. Amendment of section 167 of Constitution, as amended by section 11 of Constitution Sixth Amendment Act of 2001.
Amendment of section 167 of Constitution, as amended by section 11 of Constitution Sixth Amendment Act of 2001.
makes the final decision whether a matter is a constitutional matter [or whether an issue is connected with a decision on a constitutional matter].
"(5) The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, [a] the High Court of South Africa, or a court of similar status, before that order has any force."
"(a) to bring a constitutional matter directly to the Constitutional Court; or".
Gazettes Online/National/Notices - General, Government and Others/2010/May/GG 33216 - 21 May 2010 - Government Gazette - Vol 539/No: 414 Title: Constitution of the Republic of South Africa, 1996: Publication of bill amending Constitution: For public comment Origin: Justice and Constitutional Development, Department of Class: General Notice Page: 3/4. Amendment of section 168 of Constitution, as amended by section 12 of Constitution Sixth Amendment Act of 2001.
Amendment of section 168 of Constitution, as amended by section 12 of Constitution Sixth Amendment Act of 2001.
(3) (a) If the Constitutional Court refuses leave to appeal in a matter referred to in section 167 (3)(b)(ii), the Supreme Court of Appeal is the final Court of appeal in that matter.
The Supreme Court of Appeal may decide appeals in any matter arising from the High Court of South Africa or a court of a status similar to the High Court of South Africa.
any other matter that may be referred to it in circumstances defined by an Act of Parliament.
Gazettes Online/National/Notices - General, Government and Others/2010/May/GG 33216 - 21 May 2010 - Government Gazette - Vol 539/No: 414 Title: Constitution of the Republic of South Africa, 1996: Publication of bill amending Constitution: For public comment Origin: Justice and Constitutional Development, Department of Class: General Notice Page: 3/5. Substitution of section 169 of Constitution.
Substitution of section 169 of Constitution.
169. decide- High [Courts] Court of South Africa.
any other matter not assigned to another court by an Act of Parliament.
the assigning of jurisdiction to a Division or a seat within a Division.
has the number of other judges determined in terms of national legislation.
Gazettes Online/National/Notices - General, Government and Others/2010/May/GG 33216 - 21 May 2010 - Government Gazette - Vol 539/No: 414 Title: Constitution of the Republic of South Africa, 1996: Publication of bill amending Constitution: For public comment Origin: Justice and Constitutional Development, Department of Class: General Notice Page: 3/6. Substitution of section 170 of Constitution.
Substitution of section 170 of Constitution.
"170. [Magistrates' Courts and other] Other courts.-[Magistrates' Courts and all] All other courts may decide any matter determined by an Act of Parliament, but a court of a status lower than [a] the High Court of South Africa may not enquire into or rule on the constitutionality of any legislation or any conduct of the President.".
Gazettes Online/National/Notices - General, Government and Others/2010/May/GG 33216 - 21 May 2010 - Government Gazette - Vol 539/No: 414 Title: Constitution of the Republic of South Africa, 1996: Publication of bill amending Constitution: For public comment Origin: Justice and Constitutional Development, Department of Class: General Notice Page: 3/7. Amendment of section 172 of Constitution.
Amendment of section 172 of Constitution.
"(a) The Supreme Court of Appeal, [a] the High Court of South Africa or a court of similar status may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court.".
Gazettes Online/National/Notices - General, Government and Others/2010/May/GG 33216 - 21 May 2010 - Government Gazette - Vol 539/No: 414 Title: Constitution of the Republic of South Africa, 1996: Publication of bill amending Constitution: For public comment Origin: Justice and Constitutional Development, Department of Class: General Notice Page: 3/8. Substitution of section 173 of Constitution.
Substitution of section 173 of Constitution.
"173. Inherent power.-The Constitutional Court, the Supreme Court of Appeal and the High [Courts] Court of South Africa each have the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of justice.".
Gazettes Online/National/Notices - General, Government and Others/2010/May/GG 33216 - 21 May 2010 - Government Gazette - Vol 539/No: 414 Title: Constitution of the Republic of South Africa, 1996: Publication of bill amending Constitution: For public comment Origin: Justice and Constitutional Development, Department of Class: General Notice Page: 3/9. Substitution of section 175 of Constitution, as amended by section 14 of Constitution Sixth Amendment Act of 2001.
Substitution of section 175 of Constitution, as amended by section 14 of Constitution Sixth Amendment Act of 2001.
175. Appointment of acting judges.-(1) The President may appoint a woman or man to [be] serve as an acting Deputy Chief Justice or judge of the Constitutional Court if there is a vacancy in any of those offices, or if [a judge] the person holding such an office is absent. The appointment must be made on the recommendation of the Cabinet member responsible for the administration of justice acting with the concurrence of the Chief Justice, and an appointment as acting Deputy Chief Justice must be made from the ranks of the judges of the Constitutional Court.
Gazettes Online/National/Notices - General, Government and Others/2010/May/GG 33216 - 21 May 2010 - Government Gazette - Vol 539/No: 414 Title: Constitution of the Republic of South Africa, 1996: Publication of bill amending Constitution: For public comment Origin: Justice and Constitutional Development, Department of Class: General Notice Page: 3/10. Amendment of section 176 of Constitution, as amended by section 15 of Constitution Sixth Amendment Act of 2001.
Amendment of section 176 of Constitution, as amended by section 15 of Constitution Sixth Amendment Act of 2001.
"(1) A judge of the Constitutional Court [judge] , the Supreme Court of Appeal or the High Court of South Africa holds office [for a non-renewable term of 12 years, or] until he or she attains the age of 70, [whichever occurs first, except where] or until he or she is discharged from active service in terms of an Act of Parliament [extends the term of office of a Constitutional Court judge]."
Gazettes Online/National/Notices - General, Government and Others/2010/May/GG 33216 - 21 May 2010 - Government Gazette - Vol 539/No: 414 Title: Constitution of the Republic of South Africa, 1996: Publication of bill amending Constitution: For public comment Origin: Justice and Constitutional Development, Department of Class: General Notice Page: 3/11.
Amendment of section 178 of Constitution, as amended by section 2 of Constitution Second Amendment Act of 1998 and section 16 of Constitution Sixth Amendment Act of 2001.
"(k) when considering matters relating to a specific Division of the High Court of South Africa, the Judge President of that [Court] Division and the Premier of the province concerned, or an alternate designated by each of them."
(4) (a) The Judicial Service Commission has the powers and functions assigned to it in the Constitution and national legislation.
National legislation referred to in paragraph (a) must make provision for the Commission to be involved in the appointment, promotion and transfer of judicial officers of the Lower Courts, and for the establishment of a committee and sub committees comprising members designated by the Commission and other co-opted members in order to facilitate that involvement.
Gazettes Online/National/Notices - General, Government and Others/2010/May/GG 33216 - 21 May 2010 - Government Gazette - Vol 539/No: 414 Title: Constitution of the Republic of South Africa, 1996: Publication of bill amending Constitution: For public comment Origin: Justice and Constitutional Development, Department of Class: General Notice Page: 3/12. Short title and commencement.-This Act is called the Constitution Nineteenth Amendment Act of 2010, and comes into effect on a date determined by the President by proclamation in the Gazette.
Short title and commencement.-This Act is called the Constitution Nineteenth Amendment Act of 2010, and comes into effect on a date determined by the President by proclamation in the Gazette.
1.1 The Bill aims to amend the Constitution of the Republic of South Africa, 1996, in order to further define the role of the Chief Justice as the head of the judiciary; to change references to the "Magistrates' Courts" to "Lower Courts"; to provide for a single "High Court of South Africa", comprising of various Divisions; to provide that the Constitutional Court is the highest (apex) Court in all matters and to regulate the jurisdiction of the Constitutional Court and the Supreme Court of Appeal accordingly; to provide for the appointment of an acting Deputy Chief Justice if there is a vacancy in that office; and to further regulate the composition and functions of the Judicial Service Commission, by allowing for national legislation to extend the role of the Commission to matters pertaining to judicial officers of the Lower Courts.
1.2 The changes envisaged in respect of the role of the Chief Justice as the head of the judiciary, and the establishment of a single "High Court of South Africa" as opposed to the existing various High Courts, would lay the constitutional basis for the provisions of the Superior Courts Bill that are aimed at giving effect to those changes.
2.1 Clause 1: Section 165 of the Constitution is amended in order to provide that the Chief Justice is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts. In this way a Constitutional foundation would be laid for establishing an integrated system of court governance within a single judiciary.
2.2 Clauses 2, 5, 7 and 8: Sections 166, 169, 172 and 173 of the Constitution are amended so as to convert the various High Courts into a single "High Court of South Africa", comprising of Divisions, seats and jurisdiction as determined in terms of an Act of Parliament (the Superior Courts Bill). The present High Courts would thus be rationalised into a single High Court, with each province having, at least, a Division of the High Court. In section 166 (clause 2) the reference to "Magistrates' Courts" is also substituted by a reference to "Lower Courts". This would make it possible, when developing new legislation regarding the establishment and structures of the lower courts, to move away from the denomination of "magistrates' courts", which is a relic from a bygone era (the Magistrates' Courts Act dates back to 1944).
2.3 Clause 3: Section 167 of the Constitution is amended so as to confirm the status of the Constitutional Court as the apex court, with jurisdiction in all constitutional matters and any other matter in which it may grant leave to appeal. The Constitutional Court would therefore be the highest court for all matters, constitutional and non-constitutional, with the Supreme Court of Appeal as an intermediate court of appeal.
2.4 Clause 4: Section 168 of the Constitution is amended in order to provide that decisions of the Supreme Court of Appeal would be final if the Constitutional Court does not grant leave to appeal in a matter. During the consultations with the Judiciary on the Bill, it was pointed out by the latter that there might possibly be an argument that the names of the Constitutional Court and the Supreme Court of Appeal should also be changed, since the former would now be the apex and, effectively, the "Supreme" Court, whilst the latter would not necessarily be a final Court. However, the view is held that the name "Constitutional Court" has already gained historic significance and internationally renowned jurisprudence, and that it would not be appropriate, at this stage, to tamper with the names of the Courts involved.
2.5 Clause 6: Section 170 of the Constitution is amended by deleting the reference to "Magistrates' Courts". This amendment is consequential to the amendment of section 166 in clause 2 (par 2.2 above).
2.6 Clause 9: Section 167 of the Constitution establishes the offices of Chief Justice and a Deputy Chief Justice and section 174(3) provides for appointments to be made to those offices. It is envisaged in the Superior Courts Bill, 2010, to authorise the Deputy Chief Justice to perform the functions of the Chief Justice whenever the Chief Justice is absent or during a vacancy in that office. The amendment of section 175 of the Constitution provides that the President may appoint an acting Deputy Chief Justice from the ranks of the judges of the Constitutional Court, if there is a vacancy in that office. As in the case of the appointment of acting judges of the Constitutional Court, such an appointment must be made on the recommendation of the Minister (of Justice) acting with the concurrence of the Chief Justice. The amendment would ensure that a person is in office to perform the functions of the Chief Justice should both the Chief Justice and the Deputy Chief Justice be absent or their offices vacant.
2.7 Clause 10: Section 176 of the Constitution is amended in order to align the term of office of a judge of the Constitutional Court with that of other Superior Court judges. The effect of this amendment will be that the present non-renewable 12-year term of office of Constitutional Court judges would be replaced by the conventional dispensation in terms of which a judge continues in active service until he or she attains the age of 70 years or, if he or she, on attaining that age, has not yet served for 15 years, until he or she attains the age of 75 years or has completed 15 years' active service, whichever occurs first.
Clause 11: Section 178 of the Constitution is amended in order to allow for national legislation to make provision for the Judicial Service Commission to be involved in the appointment, promotion and transfer of judicial officers of the Lower Courts, and for the establishment of a committee and subcommittees comprising members designated by the Commission and other co-opted members in order to facilitate that involvement. For this purpose, the chairperson and deputy chairperson of the committee in question will also be members of the Judicial Service Commission.
3.1 During August 2003, a forerunner of this Bill (namely the Constitution of the Republic of South Africa Amendment Bill, 2003) together with the Superior Courts Bill, 2003, were introduced into Parliament and referred to the Portfolio Committee on Justice and Constitutional Development (National Assembly) for consideration. The Portfolio Committee embarked on extensive public hearings regarding the draft legislation and received substantial inputs from a wide range of interested parties.
3.2 Following the elections in 2004, the Constitution Amendment Bill in question was allowed to lapse but the development of the legislation continued and earlier versions of both Bills were extensively discussed at a Judicial Colloquium hosted by former Minister Mabandla during April 2005. In December 2005, a draft Constitution (Fourteenth) Amendment Bill was subsequently published in the Gazette with the view to the introduction and consideration thereof along with the revised Superior Courts Bill of 2003. The Portfolio Committee in question held public hearings on the Bills early in 2006, during the course of which it became clear that more consensus needed to be developed between role-players on certain aspects of the draft legislation. As a result, the Constitution (Fourteenth) Amendment Bill was not introduced and the processing of the Superior Courts Bill was put on hold pending the further development of broad policy guidelines on the transformation of the judiciary and the courts.
Following the elections in 2009, the Superior Courts Bill, 2003, was allowed to lapse, paving the way for the introduction of the new, revised Constitution Amendment Bill, 2010, and a new Superior Courts Bill, 2010, into Parliament. Both Bills result from further consultation with, particularly, the Judiciary. The draft Constitution Amendment Bill, 2010, is further being published in the Gazette for public comment in accordance with section 74(5)(a) of the Constitution and, since the Bill is closely linked to the transformation envisaged by the Superior Courts Bill, 2010, the latter draft Bill is simultaneously published for public comment.
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The Department of Justice and Constitutional Development invites the media to the launch of the Guidelines for Commissioners of the Small Claims Courts, where the Deputy Minister Andries Nel will deliver a keynote address on the spin-offs of the guidelines.
The Small Claims Courts provide a prompt and inexpensive way to resolve minor disputes and can benefit especially the destitute and indigent of our country to be able to access justice in a very informal, cost effective and user-friendly manner.
The guidelines for Commissioners are specifically designed to equip them with basic skills needed to preside over small civil claims. They will assist in standardizing the practice of the Small Claims Courts, thereby enhancing their performance and their ability to provide justice to all.
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The Ministry of Finance welcomes the positive growth seen in the South African economy for the first quarter of 2010.
4.6 per cent quarter-on-quarter, seasonally adjusted and annualised. This represents an expansion in the economy of 1.6 per cent year-on-year, compared to a contraction of 1.4 per cent in the fourth quarter of 2009.
All sectors recorded positive growth in the first quarter, with notably strong performances from the mining and manufacturing sectors. These positive outcomes are attributable to improving global demand, which has boosted commodity prices and exports, and support from countercyclical fiscal and monetary policies, which have sustained spending on infrastructure investment and reduced interest rates to historically low levels. A sustained expansion will result in a stronger growth rate for the economy than was projected at the time of the budget. However, slower growth in Europe emanating from the fiscal crisis in Greece and southern Europe, poses a potential risk to this outlook.
The outcome is one of a series of recent positive indications for the domestic economy. The leading indicator of economic activity rose to its highest level in three years in March, Real retail sales grew by 1 per cent year-on-year in March and value added in the wholesale, retail, motor trade and accommodation sector expanded by 3.3 per cent in the first quarter of 2010 compared with the previous quarter, which was the first positive growth rate in that sector since the first quarter of 2008. The International Monetary Fund recently announced that it is likely to revise upwards its projected estimate of 2.6 per cent economic growth for South Africa for 2010.
The outcome is good news for the economy, particularly in the current difficult environment. South Africans, including in the public and private sector, must continue to do more to restructure our economy to create more jobs, particularly for the youth. It is vital that the growth potential of South Africa is increased to ensure both sustainable job creation and development.
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Finance Minister, Pravin Gordhan will meet chief executives and chairmen of banks on Monday, 31 May 2010. The Minister made this commitment during his budget speech in Parliament earlier this year.
ï· Financial access and transformation.
There will be a photo opportunity at the start of the meeting.
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Notice is hereby given that the regulation number in the preamble of Government Gazette No. 33158 of 4 May 2010 was incorrectly published. The number should read as follows: Regulation Gazette No. 9275.
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<fn>GOV-ZA.20100528Gg33211Noticer451PaiaEn.2012-02-10.en.txt</fn>
TO INFORMATION ACT, 2000 1.
No: R. 451 Title: Promotion of Access to Information Act (2/2000): Description subm Page 2 of 2 3.
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Under section 11 of the Judicial Service Commission Amendment Act, 2008 (Act No. 20 of 2008), I hereby fix 1 June 2010 as the date on which the said Act shall come into operation.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Twenty-fourth day of May Two thousand and ten.
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DESCRIPTION OF CATEGORIES OF RECORDS AUTOMATICALLY AVAILABLE IN TERMS OF SECTION 15(1) OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 (ACT NO.2 OF 2000) 1.
Matric Certificate(replacement) The records may be obtained from The payment of an amount of R35.00 3.
The list of records above (Description 1.
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Finance Minister, Pravin Gordhan will hold a press briefing regarding his meeting with the CEOs and Chairmen of banks in South Africa. This meeting will be held this evening (Monday, 31 May 2010).
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Finance Minister Pravin Gordhan held a very constructive meeting with the chief executives and chairmen of the major banks on Monday, 31 May 2010. Banks present were ABSA, Standard Bank, First National Bank, Nedbank, Investec, African Bank and Capitec. Also present was the managing director of the Banking Association of South Africa. The Deputy Minister of Finance, Nhlanhla Nene, and Director General of the National Treasury, Lesetja Kganyago, also attended the meeting (see attached note on those present).
In addition to the Banking Enquiry report, the meeting discussed the impact of the global financial crisis on the South African economy and banking sector, including the decline in credit extension, the implications of the work in the G-20 for South Africa and the transformation and access agenda for the banking sector.
It was noted that South African banks weathered the global financial crisis well, due to a strong regulatory environment and sound risk management practices. South Africa has a regulatory system that competes with the best in the world, and will continue to strive to stay at the forefront of international regulatory developments. The key conclusion emanating from the meeting was to continue to focus on preserving systemic stability within the banking sector, drawing from the lessons of the global financial crisis. There have been a number of initiatives from the G-20 and Financial Stability Board for a co-ordinated international response, which will have implications for the regulation of the South African banking sector.
While South Africa is keen and willing to implement the measures agreed to internationally, the meeting noted some concerns from a developing country perspective regarding higher liquidity standards. If implemented in the current proposed form, the liquidity proposals may require banks to hold additional reserves which could impact on credit extension. The Minister and CEOs agreed to form a task team between the banks, National Treasury and the Reserve Bank to explore this issue further. This will also be addressed in international forums like the Basel Committee on Banking Supervision, Financial Stability Board and G20.
The meeting considered the global and domestic economic environment. South Africa's economic recovery remains on track, but developments in Europe are a concern. Credit extension to households has recovered, but lending to firms continues to be weak. This is a cyclical phenomenon, and lending should recover as the economic upswing continues. Banks noted the strong fiscal position and the support infrastructure spending has provided to the economy and gave further consideration to the contextual issues raised at the meeting.
The meeting also noted that banks were in a position to comply with the coming global standards on remuneration and incentives. While it was noted that South African banking remuneration was lower than that of international banks in advanced countries and many non-banking companies listed on the JSE, it was acknowledged that all companies needed to take note of domestic social conditions, the inequality of income and the shortage of skills, when determining their remuneration structure. Banks agreed to comply with the Financial Stability Board principles for sound compensation.
The current status of the Financial Sector Charter (FSC) was also discussed. Banks remain committed to preserving and improving the broad-based financial access targets in the FSC. Further consultations will take place shortly to expedite a constructive outcome.
There is agreement on the need to work together to see a renewed focus on fostering greater competition and developing a regulatory framework that is conducive to increased access to banking services for the poor. The industry will work together with all affected stakeholders on ways to deliver tangible benefits to the customer and enhance consumer protection in the retail banking environment.
Importantly, banks agreed to implement 19 of the 28 recommendations made by the Banking Enquiry Panel of the Competition Commission. We commend the Commission, SARB, BASA and industry for the excellent work that served as a basis for the agreements below.
ï· Improving customer education.
Banks also agreed on measures to ensure that all role-players in the debit order and payment system do not abuse the system.
The above-mentioned actions are aimed at improving the quality of banking services to customers, and are a first step to improving the retail banking environment. National Treasury is committed to working with the industry on further steps to improve competition in banking, including through steps to develop dedicated banks and second-tier banks in South Africa.
Each bank will publish its own statement on what they will do to implement the above objectives and respond to the findings of the Panel.
The meeting noted that the remaining nine recommendations on interchange and entry into the payment systems required policy guidance from the South African Reserve Bank (SARB) and National Treasury, and could not be implemented by the banks unilaterally. However, the SARB and National Treasury have agreed that non-banks should not be allowed into the settlement space given the inherent systemic risks, and will explore avenues such as the dedicated banks in this regard. The SARB and National Treasury will provide further guidance on these proposals by end 2010. A detailed annexure on the response of the banking sector and National Treasury to the Banking Enquiry and proposed actions is attached.
<fn>GOV-ZA.2010060102En.2012-02-10.en.txt</fn>
The main purpose of the meeting held yesterday between the National Treasury and the banking sector was to discuss the responses of the retail banks to the recommendations made by the Banking Enquiry Panel ("Panel") appointed by the Competition Commission ("CC"). The banks present yesterday were the four largest retail banks (ABSA, Standard, FNB and Nedbank), as well as Investec, Capitec, African Bank and the Banking Association of South Africa (BASA).
The Competition Commission launched an independent public enquiry into particular aspects of competition in retail banking and the national payment system in South Africa in 2006. Though this was not a formal investigation by the CC, Treasury has always strongly supported the objectives of the Panel, which was to ensure greater competition in the retail banking sector in South Africa, in order to achieve real benefits for customers through lower costs, better service and greater access of financial services to poor communities whilst at the same time preserving the stability of the banking system..
Treasury wants to thank Judge Thabani Jali who chaired the Panel for the excellent report produced by the members of the Panel. The Panel has raised many important issues with regard to the retail banking industry, and provided the opportunity for both Treasury and the industry to respond positively to the challenges identified in the retail banking sector.
The full technical report of the Panel was released on 12 December 2008, almost six months after the release of the executive summary on 25 June 2008.
After the release of the full technical report, an inter-departmental committee comprising of the National Treasury ("Treasury"), the Department of Trade and Industry ("dti") and the CC was established. Treasury also worked with the South African Reserve Bank ("SARB") to assess the recommendations of the Panel, and consult with the banking industry, both at individual bank level and through the Banking Association, to take forward the recommendations made by the Panel.
As Treasury, we recognised that each of the 28 recommendations had to be assessed as to whether the proposed solutions provided an efficient way forward, without undermining other objectives such as financial stability and integrity. Some of the recommendations, if accepted for implementation, would require structural and/or systems changes, involving not just the banks, but regulatory institutions like the SARB and the Payments Association of South Africa (PASA). Further, for the Treasury and SARB, given the global financial crisis which engulfed the world, it is important to ensure that we do not increase systemic risk in our banking and payment systems.
Treasury is pleased to announce that the banks present at the meeting yesterday, representing the bulk of the retail sector, have committed to implementing most of the recommendations made by the Panel. Treasury is also aware that some banks have already implemented some of the recommendations unilaterally.
The meeting yesterday took account of the commitments made by each of the banks as to how they intend implementing the recommendations.
Treasury is keenly aware that there are many smaller banks that participate in retail banking and the lending market, and which (except for two) were not present yesterday. The Treasury has met many of the smaller banks individually, and will continue to do so to understand their specific challenges including barriers to entry. We will also engage non-bank financial institutions.
This statement reflects the minimum that the banks present at the meeting yesterday agreed to with respect to the recommendations. Each of the banks will be releasing its own press statement to indicate its response in implementing the recommendations, and by when. This statement is therefore not an agreement between Treasury and the banks, but a summary of the commitments made by each bank in its individual capacity.
In addition to the recommendations made by the Panel, the Treasury recognises that there is a need to review the apparent gaps in the market conduct regulation of banks.
Treasury notes the need to improve the ease with which consumers compare retail banking products. Such comparisons should preferably be provided free of charge to the public, via websites (some of these already exist) and the media. Treasury will work with BASA to provide a proposal by 31 August 2010 to explore how funding for such consumer groups could be provided by banks, without compromising the independence and integrity of such consumer groups/media.
The Enquiry Panel made 28 recommendations.
Eight recommendations (Recommendations 20-28) on general conduct between banks and their customers. (However, banks are encouraged to take recommendations 21, 22, 23 and 24 forward unilaterally.
Seven recommendations (Recommendations 8-14) that deal with interchange issues; and e) Five recommendations that speak to the access into the national payments system (Recommendations 15-19).
As recommendations in the last two categories above on interchange and the national payments system are mainly for the SARB and Treasury to consider, they did not form part of yesterday's conversation with the banks. This meeting therefore focused on the first three categories, which is what banks can implement (either unilaterally or as an industry).
The Panel concluded that the penalty fees on dishonoured debit orders were high across the board, with banks overly dependent on such penalty fees as a source of non-interest revenue. The Panel recommended a R5 cap on penalty fees.
i. All banks have indicated that they have already taken steps to ensure that their low-income account holders face significantly lower penalty fees than the over R80 fee identified by the Panel.
Most banks do not impose any penalty fee on the first one to four defaults per month on all their low-income accounts; and c.
Most banks also take steps to ensure that low-income customers are not charged higher penalty fees by inappropriately placing them in accounts aimed at higher-income customers.
ii. All banks still have penalty fees that exceed R80 fee indentified by the Panel, but indicate this is only for accounts aimed at the higher income account market.
iii. Most banks take preventative steps to avoid imposing penalty fees on all customers, by notifying (e.g. via sms) their customers that there are insufficient funds and that a penalty will be incurred if the debit order is rejected, providing the customer time to replenish funds. Some banks that are not able to notify such customers in advance will investigate how to improve their systems to provide such advance notice.
iv. All banks commit to taking reasonable steps to encourage and educate their customers to honour their commitments.
Treasury: Treasury welcomes the steps taken by the major banks to reduce their penalty fees, but would encourage banks to take further steps to reduce the still remaining higher fees on all customers. The Treasury notes the CC's view that greater product and pricing comparability may not restrain penalty fee abuses. It is not clear that penalty fees will ever be a substantive point of competition amongst retail banks, largely because consumers do not often consider these fees when choosing a bank account. High penalty fees are therefore unlikely to disincentivise bad behavior in this respect.
The Treasury does not support the setting of any cap as recommended by the Panel, but prefers the downward pressure on prices through greater competition and more empowered consumers who are better able to compare the prices for services charged by various banks. To facilitate such comparisons, the Treasury supports the role of independent consumer groups to monitor the prices set by the banking sector for various services.
Recommendations 2 of the Panel's report deals with debit order abuses, and requires banks to improve their systems to improve the rights of customers with regard to the contracting and stopping of debit orders.
The Treasury notes that debit orders often involve three parties, with the primary contractual relationship being between the customer and the service provider. Banks are often the third intermediary party as payment facilitator, though often are also the service provider. To the extent that any debit order is cancelled, the process of cancellation must involve the service provider. The Treasury is concerned that the current system of accepting and stopping debit orders is deficient and allows for unscrupulous players to impose unauthorised debit orders on customers (or even defraud them). The Treasury also recognises that customers should not be incentivised to stop legitimate debit orders, or to renege on their commitments.
Banks response: The seven banks have indicated that they will be responding as follows to the Panel's recommendation on the stopping of debit orders.
All banks allow customers to stop or suspend payment on debit orders, giving the customer time to negotiate cancellation or amend the contract with the service provider.
All banks are committed to working with PASA (and other regulators like the NCR) as well as BASA (the industry body), to prevent abuses of the debit order system, and to consider steps to set minimum standards/rules on service providers who can access their debit order system. Service providers and banks abusing the system to impose undue burden on customers will be sanctioned by PASA and possibly denied access to the debit order system by SARB. The minimum standards are to be in place by 30 November 2010.
All banks have committed to improving their customers' financial literacy, including the management of debit orders, their rights over debit orders and the need to honour commitments and maintain a good credit record.
The overall objective of this recommendation is to ensure that the currently available stop payment service offered by banks actually works in practice.
House rules and customer education.
Work with other regulators (e.g.
Explore whether the debit order system should differentiate between collaterised credit and unsecured credit; and d Ensure that all customers are encouraged to honour their commitments.
The Panel concluded that competition in the South African cash dispensing market (via ATMs) was stifled because of lack of transparency in pricing and customer allocation among banks when it comes to off-us cash withdrawal transaction. The Panel therefore recommended a movement to a DCM which eliminates the customer allocation element and at the same time improving transparency. It also recommended that there must be a review of mini-ATMs and cash withdrawals at Point of Sale (POS) machines in the same light.
However, the Treasury (and CC) research indicates that the benefits of moving to a DCM model from the current ICM are not clear, as can be seen in countries like Australia and the UK. The Treasury has therefore focused on the primary objective of greater transparency in off-us ATM transaction fees, and to do so within the framework of the current ICM system. Treasury notes that the most important elements in ATM pricing reform are to provide the consumer with more price information at the time of the transaction, and the option to decline the transaction and seek a cheaper alternative if so desired. The Treasury also supports promoting cash back at POS is a cheaper option and this may address the lack of infrastructure in the rural areas.
i. All Banks will produce a detailed breakdown of fees and charges (minimum format to be agreed via the CoBP protocol) in statements that will reflect clearly the different fees and charges levied in statements.. BASA will also engage the Banking Ombuds to explore the possibility of oversight on this via the CoBP.
ii. All banks will display a message, either on a screen or by other means in the case of mini ATMs, indicating to the customer that an additional fee may be charged by the customer's bank for the use of the ATM, an amount not exceeding a maximum amount in the case of off-us transactions.
iii. All banks have committed to review the policy of cash back at POS, taking into account the need to implement appropriate mechanisms to avoid abuse of the customer.
Treasury: The Treasury supports the transparency commitments made by the seven banks, and believes that such measures will improve transparency and the ability of the customer to exercise choice. The dates of these commitments will be finalised with the industry shortly.
The Panel concluded that banks possess appreciable market power, and this has significantly hindered competition.
In trying to rectify this, the Panel recommended standardised terminology; development of a switching code and a centralised fee calculator; creation of a FICA hub; extension of product bundling to low-middle income customers; and the promotion of comparative advertising.
The Treasury supports most of the recommendations and has since engaged with the banks to implement the recommendations around customer conduct.
i. Creating standards for disclosure, effective communication, easier-to-read bank statements with summary breakdowns of monthly fees, and using standardised terminology, which will be incorporated into the CoBP.
ii. All banks commit to the development of a set of criteria for a switching code to facilitate a quick, seamless and efficient transfer of accounts between banks, when requested by the customer. This code will form part of the CoBP.
ii. As part of facilitating switching, the banks have agreed to participate in discussions to create a cost effective way to FICA clients as this forms one of the major barriers to easy switching.
Providing banded and fee option, and bundled options for low income customers.
Disclosing prices, benefits and costs of their products to allow customers to exercise informed choices.
c. Providing a fee calculator, or other support, in branches and via other channels to reduce search costs.
Treasury: The Treasury believes that the banking sector is innovative enough to implement the spirit of the recommendations on customer conduct. Whilst some recommendations may be implemented differently (e.g. the recommendation on a central calculator) the Treasury believes that this may best be done by independent consumer groups via web sites and the media (see the Treasury proposal on the role of independent consumer groups in Recommendation 1). All banks already have in place calculators in their branches (and websites) to enable customers to determine the bank charges they may be liable for, given their profile. The Banking and Switching code must be finalised by 30 November 2010.
Interchange payments are made between banks when consumers use payment cards for purchases, and when consumers make use of other electronic payments (e.g. debit orders). The Panel concluded that interchange plays a legitimate role in expanding the penetration of payment cards and electronic payments in the South African economy, provided that it is not abused. The Panel recommended the establishment of an "independent, objective and transparent process of interchange setting" by way of an Interchange Forum, to be chaired by the SARB. The Panel also recommended the repeal of some anticompetitive rules imposed by Visa and MasterCard on their customer banks.
Treasury: Treasury notes the urgency of this decision and is currently exploring how to improve the interchange setting process, in consultation with the SARB.. Treasury notes that this is not an area that can be led or determined by the banks. It is expected to complete this process by the end of 2010. Concerning restrictive card scheme rules, Treasury notes the changes made by MasterCard, and Visa should respond equally as soon as possible. The "no surcharge rule" will be maintained. It is recommended that the Treasury and SARB formalise their position by end 2010 with an explicit framework on interchange issues.
The Panel's recommendations aim to improve competition and efficiency in retail payments by improving the quality of the access to South Africa's national payment system currently afforded to non-bank payment companies and smaller banks. The recommendations also aim to broaden access where possible and appropriate. This may require further revisions to the NPS Act, and does require changes to the structure, rules, and governance arrangements of the Payment Association of SA (PASA) to allow non-bank financial institutions and nonclearing banks into the clearing and settlement space in an effort to improve competition and efficiency in the banking industry.
Treasury: The Treasury and SARB, at this stage, do not support the inclusion of non-bank financial institutions and non-clearing banks in the settlement system, given the systemic risks inherent in the settlement system. Greater competition in retail payments will benefit consumers and especially smaller merchants in the clearing system, but not in the settlement system. Treasury notes that the SARB has also made significant progress in creating a framework that allows access of non-banks in the clearing environment, including amending the NPS Act to allow the SARB to designate non-banks into the clearing environment. Treasury will consider further amendments to the extent required; and review the governance of PASA to allow membership and greater representation of non-banks. The SARB also has the power to override any PASA decisions (as any institution denied entry by PASA can appeal to the SARB), so there is no need for a Payments System Ombudsman. It is recommended that the Treasury and SARB formalise their position by end 2010 with an explicit framework on access issues.
A key issue not covered by the Panel, but strongly recommended by the SARB and Treasury, is to ensure that current legislation requires all companies entering and involved in the payments industry to be regulated on a risk based approach.
The Treasury believes that the above steps taken by both Treasury and the industry will improve the quality of banking services to customers, and also remove many existing barriers to retail banking. However, the Treasury is keenly aware that these steps will not go further in dealing with the problem of dominance by a few banks in the retail banking sector - this is a challenge facing banking systems in many countries (eg Canada, Sweden and Australia) and is currently the key focus in the G20 and Financial Stability Forum. Further steps are also been taken in South Africa to improve competition, through the enactment of the Co-operative Banking Act in 2008 and the coming Dedicated Banks Bill.
The Treasury wishes to thank the Competition Commission, SARB and BASA, together with the industry for the collaborative manner in facilitating a response to the recommendations made by the Panel.
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The National Treasury will release the Primary Dealers in RSA government bonds from their market making duties on Friday, 11 June 2010 as of 11:00 until close of business. This is due to the moving of the Mark to Market procedure forward to 12:00 by the Johannesburg Stock Exchange.
Primary Dealers will resume with their duties from 14 June 2010.
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<fn>GOV-ZA.20100608gg33279procr27spestribunalEn.2012-02-10.en.txt</fn>
NOW, THEREFORE, I hereby, under section 2(1) of the Act, refer the matters mentioned in the Schedule, in respect of the SASSA for investigation to the Special Investigating Unit established by Proclamation No.
offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, and which offences were committed in connection with the affairs of the SASSA; or unlawful or improper conduct by any person, which has caused or may cause serious harm to the interests of the public or any category thereof, which have taken place between 15 November 2004 and the date of publication of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including the recovery of any losses suffered by the SASSA, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at Cape Town this Second day of June Two thousand and ten.
No: R. 27 Title: Special Investigating Units and Special Tribunals Act (74/1996): Ref Page 2 of 2 grants or benefits or any portion thereof and any conduct directed at, promoting, or facilitating payment and/or receipt thereof.
The conduct of officials and employees of the SASSA, government officials and/or agents responsible for the administration and/or payment of social grants or benefits, which has or may in the future result in losses of, lack of control over, or delays in payment of monies allocated for the payment of social grants or benefits and any conduct directed at, promoting, or facilitating the aforementioned.
manuals, policies, procedures, prescripts, directives, guidelines, instructions and/or practices of or applicable to, the SASSA.
The failure by officials and/or employees of the SASSA to disclose the fact that they had a direct or indirect interest in the suppliers and/or service providers used by the SASSA, which presented a conflict of interest; and/or disclose to the SASSA, that they engaged in business activities for remuneration outside of their employment.
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Finance Minister Pravin Gordhan held constructive talks with representatives of the Manufacturing Circle on Tuesday, 8 June 2010, to discuss their calls on government to intervene in the financial markets to weaken the rand against major currencies. Challenges and complexities posed by the current economic context and challenges facing manufacturers and exporters were also discussed.
The minister and the Manufacturing Circle agreed to meet again to discuss further how best to deal with the challenges that face the country's manufacturing sector. The Manufacturing Circle represents a number of major manufacturing companies in the country.
The meeting was part of the Ministry's regular engagement with fellow South Africans to exchange views on the challenges facing the country and how best to address these.
For more information please contact Lindani Mbunyuza at 083 327 9987 or 012 315 5645.
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Why FNB Business Banking I want to start a business Contact us?
First National Bank (FNB) is extending its banking hours at 17 key-site branches (list below) to welcome visitors and offer its customers greater financial services convenience during the 2010 FIFA World Cupâ.
The extended banking hours will be offered from today, 1 June 2010 to 31 July 2010. During weekdays the branches will close at 19h00 and on Saturdays the branches will close at 15h30.
"FNB is the first bank in South Africa to consistently offer evening branch-banking. Our focus during the extended hours will be entirely on meeting the needs of foreign visitors, Personal Banking customers and Commercial Banking customers," says Michael Jordaan, CEO of FNB.
"The extra banking hours are FNB's contribution at a time when everything around us will be unusual and exciting. FNB has also enabled a translating centre to assist non-English speaking visitors who enter one of these branches," adds Jordaan.
The bank has numerous projects to offer additional financial services during the next two months. The bank has built a full-service temporary branch at NASREC adjacent to FNB Stadium - know as Soccer City for the duration of the World Cup. The bank will also have mobile ATMs at specific stadia and official Fan Parks.
"We will be offering commercial services during the extended hours to ensure that the extra hours really do help all South Africans and foreign visitors with their banking requirements. We have set up a call centre (0860 11 22 44) where customers can determine the extended-hour sites and the services to be offered," concludes Jordaan.
FNB's Automated Deposit Taking (ADT) machines offer 24-hour banking including cash and cheque deposits.
FNB offers PayPal to its customers for international online settlements.
Johannesburg: Westgate, Clearwater Mall, Eastgate, Sandton City, Maponya Mall.
First National Bank - a division of FirstRand Bank Limited.
<fn>GOV-ZA.20100611gg33265r501paiaEn.2012-02-10.en.txt</fn>
No. R. 501 11 June 2010 PROMOTION OF ACCESS TO INFORMATION ACT, 2000 DESCRIPTION SUBMITTED IN TERMS OF SECTION 15(1) I, Jeffrey Thamsanqa Radebe, Minister of Justice and Constitutional Development, hereby publish under section 15(2) of the Promotion of Access to Information Act, 2000 (Act No.
(Section 15 of the Promotion of Access to Information Act, 2000 (Act No.
The South African Second Tier of Government.
The respective reports are available for copying.
No: R. 501 Title: Promotion of Access to Information Act (2/2000): Description subm Page 3 of 16 No: R.
Annual Reports for the T.C.W.
No: R. 501 Title: Promotion of Access to Information Act (2/2000): Description subm Page 7 of 16 sustainable development!
Hard copies are available for copying. Copies of the 2004-07 plans are available while stocks last, where after hard copies will be available for copying.
Hard copies are available for copying.
Basic Municipal Services (a Available for free on guideline for Municipalities): www.dplg.gov.
GR Provisional Supervision, Available for free on Manual for the Application of www.dplg.gov.
<fn>GOV-ZA.20100611gg33273r499rulesboardmagcourtEn.2012-02-10.en.txt</fn>
R. 1449 of 29 June 1979, R. 1314 of 27 June 1980, R. 1800 of 28 August 1981, R.
R. 1341 of 12 December 2008, R. 1342 of 12 December 2008, R. 1344 of 12 December 2008, R. 515 of 8 May 2009 and R. 517 of 8 May 2009.
11. (a) Unless otherwise provided, a charge for perusal shall be allowed at R7,00 per folio in respect of any document or pleading necessarily perused.
With trial brief for the first day, not exceeding [R1360,00] R1640,00 23.
occasioned by the attorney or his client.
<fn>GOV-ZA.20100611gg33273r500rulesboardhighcourtEn.2012-02-10.en.txt</fn>
R. 2477 of 17 December 1976, R. 2365 of 18 November 1977, R. 1546 of 28 July 1978, R. 1577 of 20 July 1979, R. 1535 of 25 July 1980, R. 2527 of 5 December 1980, R. 500 of 12 March 1982, R. 773 of 23 April 1982, R. 775 of 23 April 1982, R. 1873 of 3 September 1982, R. 2171 of 6 October 1982, R. 645 of 25 March 1983, R. 841 of 22 April 1983, R. 1077 of 20 May 1983, R. 1996 of 7 September 1984, R. 2094 of 13 September 1985, R. 810 of 2 May 1986, R. 2164 of 2 October 1987, R. 2642 of 27 November 1987, R. 1421 of 15 July 1988, R. 210 of 10 February 1989, R. 608 of 31 March 1989, R. 2628 of 1 December 1989, R. 185 of 2 February 1990, R. 1929 of 10 August 1990, R. 1262 of 30 May 1991, R. 2410 of 30 September 1991, R. 2845 of 29 November 1991, R. 406 of 7 February 1992, R. 1883 of 3 July 1992, R. 109 of 22 January 1993, R. 960 of 28 May 1993, R. 974 of 1 June 1993, R. 1356 of 30 July 1993, R. 1843 of 1 October 1993, R. 2365 of 10 December 1993, R. 2529 of 31 December 1993, R. 181 of 28 January 1994, R. 411 of 11 March 1994, R. 873 of 31 May 1996, R. 1063 of 28 June 1996, R. 1557 of 20 September 1996, R. 1746 of 25 October 1996, R. 2047 of 13 December 1996, R.
by a candidate attorney [R54,00] R65,00 3.
Any conference with an advocate, with or without witnesses, on pleadings, including exceptions and particulars to pleadings, applications, petitions, affidavits and testimony, and on any other matter which the taxing officer may consider necessary, per quarter of an hour or part thereof by an attorney [R177,50] R213,00 6.
The drawing up of a formal statement in a matrimonial [R71,00] R85,00 matter, verifying affidavits, affidavits of service or other formal affidavits, index to brief, short brief, statements of.
Letters, telegrams and facsimiles: Inclusive tariff for [R71,00] R85,00 drawing up, checking, typing, printing, delivery, copies, postage, posting thereof, per page NOTE 1: Particulars of dispatched letters, telegrams and facsimiles need not be specified in a bill of costs. The number of letters written must be specified, as well as the total amount charged. The opposing party, as well as the taxing officer, is entitled to inspect the papers should the correctness of the item be disputed. NOTE 2: Whenever an attorney performs any of the work listed in this section, the fees set out herein in respect of such work shall apply and not any fees which would be applicable in terms of the tariff under Rule 69 if an advocate had performed the work in question.
NOTE: Particulars of received papers need not be taxing officer is entitled to inspect the papers received if the correctness of the item is disputed.
the bill of costs thus drafted was properly perused by him or her and found to be correct; and every description in such bill with reference to work, time and figures is consistent with what was necessarily done by him or her.
<fn>GOV-ZA.20100616SwcPtaEn.2012-02-10.en.txt</fn>
On Wednesday night 16 June 2010, a Nigerian national was sentenced to three years imprisonment by a magistrate in a world cup dedicated court for being unlawfully in possession of 30 2010 FIFA World Cup tickets.
The man, Kunle Benjamin, was arrested on Sunday evening in Sunnyside, Pretoria, after a police complaints vehicle noticed him driving erratically through the streets.
As the suspect was acting suspiciously, it was decided to search him and the 30 tickets were discovered.
The police investigating officer checked the tickets with a FIFA ticketing office and it was discovered that they were purchased by two men via the internet and that their addresses could not be verified.
The suspect was taken before a magistrate on Wednesday evening who found that he could not give a satisfactory explanation for being in possession of the tickets.
He was convicted on a charge of possessing stolen property and sentenced to three years imprisonment without the option of a fine.
This is yet another example of the effectiveness of having dedicated teams of detectives to deal with world cup related offences and dedicated courts, magistrates and prosecutors to speedily process the cases.
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The Ministry welcomes Mr. Sikhakhane to his new position and looks forward to a fruitful working relationship.
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Finance Minister Pravin Gordhan will hold a press briefing tomorrow regarding the upcoming G20 Leaders Summit to be held in Toronto, Canada. The G20 Leaders Summit takes place on 26 and 27 June 2010. Minister Gordhan will form part of the South African delegation, which will be led by President Jacob Zuma.
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The National Treasury is hosting the leader of the International Growth Advisory Panel Professor Ricardo Hausmann, the ex-Finance Minister of Chile Professor Andres Velasco (both from the Kennedy School of Government at Harvard University) and Professor Roberto Rigobon (MIT) in South Africa this week. The team will be meeting with a number of key representatives of the public and private sector, the academic sector, and labour.
The visit will include a public lecture on Thursday, 24 June 2010, at the Gordon Institute of Business Science (GIBS). Ricardo Hausmann will deliver a lecture on growth lessons after the financial crisis, and Andres Velasco will focus on the lessons learnt from fiscal policy in Chile, including the imposition of the Tobin Tax.
Ricardo Hausmann is a former Venezuelan Minister of Planning and Head of the "Presidential Office of Coordination and Planning" (1992-1993). He is the current Director of Harvard's Center for International Development and a Professor of the Practice of Economic Development at John F. Kennedy School of Government at Harvard University. Professor Hausmann also led the International Growth Advisory Panel which was set up in 2006 to examine constraints to growth in the South African economy.
Roberto Rigobon is the Society of Sloan Fellows Professor of Management and Professor of Applied Economics. His areas of research are international economics, monetary economics, and development economics. Professor Rigobon also served on the International Growth Advisory Panel along with Professor Hausmann.
<fn>GOV-ZA.20100625SwcCourtsEn.2012-02-10.en.txt</fn>
ABOUT 117 cases have been heard by the specialised World Cup Courts in the past three weeks.
Gauteng is leading with 53 cases, followed by Western Cape with 29.
Department of Justice spokesperson Tlali Tlali said: "About 51 cases have been finalised and there are 53 cases still outstanding."
He said theft accounted for 41 cases and unlawful sale of Fifa tickets had the second highest number with 14 cases in court. There has been 50 convictions of local and foreign criminals in 56 courts countrywide for crimes ranging from theft, fraud, robbery to drug possession, he said.
Sowetan - Page 5 - 25 June 2010 www.sowetan.co.za/News/Article.aspxid=115481?
<fn>GOV-ZA.20100706SwcConvictionRateEn.2012-02-10.en.txt</fn>
Two hundred and twenty three (223) persons appeared as accused persons before dedicated courts in 172 cases processed nationally. These courts were designated by the Justice and Constitutional Development Minister Jeff Radebe as an integral part of the National Security plan intended for the FIFA 2010 World Cup tournament. Of these, 139 cases have been disposed of, resulting in finalisation rate of 80,8%. One hundred and four (104) cases resulted in convictions, translating into 60.4% conviction rate so far. Twenty eight (28) cases were withdrawn mainly due to lack of sufficient evidence, whilst seven cases resulted in acquittals. A further 33 cases have yet to be finalised.
The highest number of cases processed was in Gauteng with seventy eight cases (78), followed by the Western Cape with 43 cases. The conviction rate in these provinces stands at 55,1% and 55,8% respectively. The Northern Cape has not had any cases reported so far. Theft and unlawful selling of FIFA World Cup tickets represent a significant proportion of cases brought before these courts.
Minister Jeff Radebe, the chairperson of the Justice, Crime Prevention and Security (JCPS) cluster has made a commitment that government will at the end of the tournament interrogate the model and explore a possibility of extracting those elements of success out of the model and use them in the criminal justice system as a permanent feature and not a seasonal one. This model will be placed on the agenda for consideration and decision by the cluster. Some features of the model are similar to elements of the seven point plan, the implementation details of which are being finalised.
The seven point plan is a basket of recommendations with specific interventions that will be phased into the criminal justice system. These interventions are intended to cure and enhance the efficiency of the criminal justice system following the review that has been carried out already. Preliminary indications (and not findings) point out to few things about the success of the model. Firstly, there is an element of creativity attached to deployment of existing resources. Secondly, there is a high level of coordination involved among various role players in the criminal justice value chain.
Thirdly, the level of supervision involved in both investigation and prosecution of the cases before these courts proves to be one of the key factors. The department is satisfied that the model is working well and is able to effectively respond to conditions on the ground. Every effort will be made to preserve the success features of this model for continuous and future use.
<fn>GOV-ZA.20100706SwcCourts100guiltyEn.2012-02-10.en.txt</fn>
JOHANNESBURG - World Cup courts have found at least 100 people guilty of offences related to the soccer tournament, the National Prosecuting Authority said on Monday.
By Monday, the special World Cup Courts had dealt with 216 cases, said spokesman Mthunzi Mhaga. He said there were 13 pending trials, eight part-heard matters and 25 cases in need of further investigation.
Another 65 cases had been withdrawn -- including those not placed on the court roll -- three people had been found not guilty, and two warrants of arrest had been issued for people who had failed to appear in court. "Prosecuting these cases has been a remarkable success if one has regard to this statistical account and the excellent work done by police, prosecutors as well as the court officials working in these courts," said Mhaga. "It is commendable."
He said the highest conviction rate was in South Gauteng, with 30, followed by the Western Cape, with 26. "What is remarkable in the Western Cape is that there was not a single acquittal," he said.
There were no pending cases on the roll in Limpopo.
Citizen-06 July 2010 www.citizen.co.za/index.phpoption=com_content&view=article&id=82182&catid=25:local-news&Itemid=3?
<fn>GOV-ZA.20100706SwcCourtsEn.2012-02-10.en.txt</fn>
Pretoria - World Cup action on the field may be drawing to a close, but the action in South Africa's dedicated courts have not slowed down.
According to figures from the Department of Justice, the courts have dealt with 172 cases since they opened on 28 May, up until 4 July. The majority of these cases - 139 in total - have already been finalised.
There have been 104 convictions, 33 cases have been postponed, 28 withdrawn and there have been seven acquittals. Most of the cases, 45.35 percent, were in Gauteng, while 25 percent were in the Western Cape, followed by the Eastern Cape with 12.21 percent.
The Northern Cape is the only province that has managed to keep a clean record so far, with locals and tourists there not bothering the dedicated courts.
South Africans and international visitors alike have found themselves on the wrong side of the law, with 123 locals and 100 foreign nationals appearing in the dedicated courts.
Most of the cases heard by the courts - 59 of them - are theft related, with the selling of World Cup tickets (23 cases), common robbery (11 cases) and fraud (10 cases) also featuring high up on the list.
The South African government has set up 56 courts across the country, specifically to deal with World Cup related crimes.
<fn>GOV-ZA.2010070701En.2012-02-10.en.txt</fn>
Finance Minister Pravin Gordhan will soon meet with the Auditor-General and the chairman of the Standing Committee on Public Accounts (Scopa) to discuss the issue of World Cup ticket purchases by government departments, public enterprises, and municipalities.
While there may be legitimate reasons for buying tickets to advance the business case of public enterprises and government departments, concern has been raised as to what action may be taken should the Auditor-General deem this expenditure wasteful or fruitless. The Public Finance Management Act (for national and provincial government) and the Municipal Finance Management Act (in the case of local government) clearly outlines that the responsibility to ensure that public funds are not wasted rests with accounting officers. This would be the Director-General in the case of a national department and municipal manager in the case of local government. Each Director-General is in turn accountable to Parliament for the expenditure of public funds. Parliament is the authority responsible for approving budgets and authorising the transfer of funds from the National Revenue Account to the relevant departments.
The Minister reiterates his call for civil servants to live up to their moral contract with citizens and for restraint and discernment to be exercised in the use of public funds.
<fn>GOV-ZA.20100707SwcCourtscontinueEn.2012-02-10.en.txt</fn>
Johannesburg - The success of dedicated World Cup courts could see elements of them incorporated permanently into the court system, the justice ministry said on Tuesday.
"Government will explore a possibility of extracting those elements of success out of the model and use them in the criminal justice system as a permanent feature and not a seasonal one," said ministerial spokesperson Tlali Tlali in a statement.
He said initial "indications" highlighted some of the reasons for the success of the model.  "There is an element of creativity attached to deployment of existing resources."
He said there was a high level of co-ordination amongst all personnel in the court system.
The investigation and prosecution of cases had been well supervised. "Every effort will be made to preserve the success features of this model for continuous and future use."
Tlali said 172 cases had been processed to date, with 223 people appearing as accused before court.
"One-hundred-and-four cases resulted in convictions, translating into 60.4% conviction rate so far."
Twenty-eight cases were withdrawn mainly due to insufficient evidence. Seven cases resulted in acquittals and 33 had yet to be finalised.
"Theft and unlawful selling of FIFA World Cup tickets represent a significant proportion of cases brought before these courts."
Gauteng had processed 78 cases, followed by the Western Cape with 43 cases so far.
No cases had been reported in the Northern Cape to date.
News24-07 July 2010 www.sport24.co.
<fn>GOV-ZA.20100707SwcSpescourtsEn.2012-02-10.en.txt</fn>
The success of dedicated World Cup courts could see elements of them incorporated permanently into the court system.
"The government will explore the possibility of extracting those elements of success out of the model and using them in the criminal justice system as a permanent feature and not a seasonal one," Justice Ministry spokesman Tlali Tlali said yesterday.
Initial indications highlighted some of the reasons for the model's success. There was an element of creativity attached to deployment of existing resources, and a high level of co-ordination among all personnel in the court system.
The Star-Page 6-07 July 2010 www.thestar.co.za/general/print_article.phpfArticleId=554426?
<fn>GOV-ZA.20100707SwcWorldcupcourtsEn.2012-02-10.en.txt</fn>
THE success of dedicated World Cup courts could see elements of them incorporated permanently into the court system, the justice ministry said today (July 6).
"Government will explore a possibility of extracting those elements of success out of the model and use them in the criminal justice system as a permanent feature and not a seasonal one," said ministerial spokesman Tlali Tlali in a statement. He said initial "indications" highlighted some of the reasons for the success of the model. "There is an element of creativity attached to deployment of existing resources."
He said there was a high level of co-ordination among all personnel in the court system. The investigation and prosecution of cases had been well supervised.
"Every effort will be made to preserve the success features of this model for continuous and future use." Tlali said 172 cases had been processed to date, with 223 people appearing as accused before court. "One-hundred-and-four cases resulted in convictions, translating into 60.4% conviction rate so far."
"Theft and unlawful selling of Fifa World Cup tickets represent a significant proportion of cases brought before these courts."
Gauteng had processed 78 cases, followed by the Western Cape with 43 cases so far. No cases had been reported in the Northern Cape to date.
The Herald-07 July 2010 www.theherald.co.za/article.aspxid=58152?
<fn>GOV-ZA.2010070801En.2012-02-10.en.txt</fn>
We are a few days away from the biggest celebration of our national achievement and pride, of a new Africanness, the greatest solidarity at a global level, the focus on South Africa, and indeed, soccer. All of us must stand tall, blow the vuvuzela and shout at once - "Yes, we can", because we have. After six years of gruelling preparations to host the 2010 FIFA World Cup, the soccer spectacular comes to a close on Sunday, and I am sure you will agree that South Africa has been an impeccable host to the 32 teams that have played in the tournament and the multitude of fans who have come from all over the world to support their national sides. I wish the Spanish and the Dutch teams the best of luck on Sunday.
Amidst the excitement generated by the World Cup it is easy to forget, if only for a moment, that we are living in a very uncertain world. The effects of the financial crisis that hit the global economy so hard in the final months of 2008 are still with us. Most countries, especially in Asia and Latin America, have witnessed a strong rebound in economic activity this year.
forcing them to announce tough fiscal austerity measures to contain rising government debt and falling confidence.
The International Monetary Fund has raised its forecast for world growth from 4.2% to 4.6%. Olivier Blanchard, the fund's chief economist, says that "the baseline forecast that we have, has nothing like a doubledip". This is largely due to growth coming from Asia. At the same time there are downside risks, particularly with regard to parts of Europe where sovereign risks have increased and the health of the region's banking sector remains in question.
Here at home we have seen a gradual improvement in economic conditions with quarterly GDP growth rebounding to 4.6 per cent in the first quarter of 2010. The pace of growth probably moderated somewhat in the second quarter, but as things stand we are on track to achieve the growth rate of 2.3 per cent for 2010 that was projected in the February Budget. Despite the positive mood generated by the World Cup and increased spending by overseas visitors, many South Africans are still facing hardship, and are dealing with challenging economic and business conditions.
As you select your "Economist of the Year", the crisis requires us to reflect on this profession, its tools, its impact and efficacy. If you asked economists why economies experience booms and busts, you will, needless to say, get a variety of different answers. Some will say that booms and busts occur because of government intervention in the economy. Others will argue because government did not intervene enough. Some will even argue that there is no such thing as bubbles because markets are perfectly efficient. If the price of an asset rises to stratospheric levels in a few years and then collapses, they would argue, it's simply the market responding to new information.
Similarly, the same responses can be seen if we ask economists what to do when a crisis occurs. Some will suggest that government must intervene through a monetary and fiscal stimulus to counteract the collapse in demand. Others will simply respond that the government must never intervene and therefore not interfere with the market mechanism. Furthermore, the very notion of a "crisis" is false, some economists would say, because the market, after all, has the capacity to be a far superior mechanism for allocating resources efficiently and regaining equilibrium.
This may seem confusing to those who are not economists since economics attempts to be a science, with equations, laws, mathematical models as well as econometrics - it has a set of tools which give it the semblance of impartiality. But underlying this faÃ§ade of objectivity, there exists tremendous divergence of views and even ideological bias, which is reflected in international debates, even within the G20.
It may appear easy to dismiss these differences as dry academic debates. That would be a grave error. It is precisely these debates that shape our response to the crisis, from fiscal policy to the role that central banks play. Ideas matter. Philosophical orientation matters. And so does ideology. They all play a key role in influencing how economies globally and locally have responded to the crisis. In this context it is important to understand the role that economic thought plays or else we will not understand how the world went into the recent crisis and how we can come out of it.
The current crisis, as with the Great Depression of the 1930s, has exposed the fallacy of capitalism as a perfect or nearperfect system. As Nobel Laureate Paul Krugman pointed out in an article for the New York Times magazine in September last year, the economics profession went astray because economists, as a group, mistook beauty, clad in impressivelooking mathematics, for truth.
"Unfortunately, this romanticized and sanitised vision of the economy led most economists to ignore all things that can go wrong. They turned a blind eye to the limitations of human rationality that often lead to bubbles and busts; to the problems of institutions that run amok; to the imperfections of markets - especially financial markets - that can cause the economy's operating system to undergo sudden, unpredictable crashes; and to the dangers created when regulators don't believe in regulation," Krugman wrote.
In assessing our policy responses and evaluating how the economic landscape will take shape over the next decade, it is necessary to take a step back and look at some of the lessons we have learnt from the crisis. In a nutshell, we have learnt the following: that large and growing imbalances, either domestic or external, are not sustainable; that inflation control is necessary, but not sufficient to ensure balanced and sustainable growth; that asset prices matter for monetary policy; that effective regulation is essential to temper market excesses; that micro economic reforms are necessary to support competitiveness and improve the capacity of the economy to create jobs; and finally, that fiscal profligacy does not pay.
The crisis has also caused economists around the world to reconsider the role of the state in the economy. Capitalism is prone to periods of excess and exuberance, which can have devastating and costly impacts on employment and income when economic conditions change. Public policy has a greater role to play in regulating markets to prevent such excesses and exuberance. Mechanisms must also be in place to ensure that the poor and vulnerable are protected from the effects of these boombust cycles, including rising inequality.
The economy is a nation's "grand project". Social justice demands that all ablebodied citizens who are willing to work be afforded an opportunity to participate in this project. As Edmund Phelps, another Nobel Laureate, has pointed out: "The central importance of jobs and selfsupport derives from several human needs. People need to engage their minds and, for most people, jobs are the main means by which they encounter new problems to solve, discover their talents and expand their capabilities. People gain satisfaction from achieving something and experience personal growth from working with others Last but not least, the pecuniary reward from working is of both material and symbolic value. People want the dignity brought by selfsupport and the autonomy brought by having a substantial income of their own to meet their special needs."
It is therefore an indictment on all of us - government, business, and organised labour - that 4.3 million fellow citizens (enough to fill 47 Soccer City stadia) are being left out of this nation's endeavour - the formal economy. We should brook no obstacle to the inclusion of all able and willing South Africans in the economy.
Over the next decade, South Africa's major economic challenge must be to achieve faster and more sustainable growth that translates into increased job creation, particularly for those hardest hit by unemployment the lowskilled and the youth. This is not only crucial to address social imbalances and high inequality, but it is also fundamental to encouraging investment. Without adequately skilled labour or the removal of bottlenecks which reduce the supply and absorption of labour, investment and the ability of companies to grow and generate profit and employment will be limited.
No jobs will be created if the economy does not grow, but to maximise the economy's growth potential we need to maximise consensus. Other countries have successfully formed social pacts or accords in pursuit of common goals like higher growth and job creation. Why can't we do so with conviction and resolve Are we not hungry for economic growth?
The economic reforms that are needed to generate faster and inclusive economic growth are impossible - as is a World Cup victory in the absence of team work. Government, business, organised labour, and the larger society - all of us must work together as a team.
There's no single policy intervention; there's no silver bullet. What is needed is a comprehensive set of shortand longterm reforms that maximise job creation, improve the skills of our workers and get young people into their first jobs.
ï· Improved education performance and skills development to raise productivity by ensuring more young people complete Grade 12, acquire higher qualifications and gain the necessary academic and vocational skills while at school or in further education.
ï· Improving our labour market framework to both protect existing jobs and create new jobs, particularly for youth.
ï· Considering additional measures to help young people get a job, for example by encouraging firsttime job placement and bolstering employment services provided by government and the private sector for job search and job placement.
The global crisis has accelerated changing patterns of demand and supply in the world economy, which will have an impact on the products that South Africa produces in the future and the markets they are exported to. Developing countries are growing at a much faster pace than advanced economies and it seems likely that this trend will continue over the next decade, particularly in light of the major fiscal consolidation in advanced economies mentioned earlier. China has already had a big impact on the pattern of South Africa's trade and will continue to do so in future along with countries like Brazil and India. Since 2000, the share of South Africa's exports going to China has increased from 2 per cent to 10 per cent in 2010. At the same time the share of exports going to Europe has declined from 31 per cent to 25 per cent and the share going to the SADC region has remained relatively stagnant at about 10 per cent.
How we respond to changing patterns of demand and geopolitical influence will have a major bearing on our ability to grow in future and the opportunities available to business. Fast growing countries like Brazil are quickly catching up to South Africa in terms of credit ratings and their positioning on global competitiveness rankings. We cannot afford to let our competitiveness fall behind or to miss the opportunities presented by rising demand in new markets for primary inputs and commodities as well as specialised goods and services offered by South Africa.
As the global economy is showing signs of a slow recovery or the possibility of a doubledip recession, we have to look ahead with vision and resolve to chart our way forward. It is becoming more apparent that there is a profound structural shift in the global economy, and that is the rise of emerging markets which will play a key role in the growth outlook for the world economy. This throws up an immediate challenge to the African continent.
Africa and South Africa can and must ride the new wave of growth. By this I mean that, as returns on investment in developed countries have declined as a result of the financial crisis, Africa will prove to be a new source of growth and higher returns for investors seeking new opportunities.
In 2001, The Economist called Africa behind the times. This is not the case now. Even The Economist has admitted that Africa today is a changed continent and this is not due to aid.
ï· Change in the political landscape - more participatory governance and a more active civil society has developed.
ï· Policy improvement - Africa has endured much of the crisis with sound macroeconomic policies. More needs to be done at the micro level.
ï· ICT revolution in Africa - technology is important because Africa is sparse and it enables opening up banking, savings, etc.
Africa's big success in the last ten years is the degree to which the continent has become more open to doing business.
South Africa has delivered the World Cup with success and can take pride in that achievement. The one key lesson we can take from the tournament is that soccer is about competitiveness; the competitiveness of teams. The team that will pick up the trophy on Sunday night is the one that is most competitive, one that is better prepared and has the endurance to last the full 90 minutes and beyond. Above all, the winning team will be the one that converts more scoring opportunities into goals than its rival.
If we - government, business and labour - play as a team, we can scale up our collective efforts towards the improvement of the lives of all South Africans. What we have learnt from the six years of preparation for the World Cup is that if we focus our minds we can put an end to poverty and unemployment. Hosting the World Cup seemed a distant possibility six years ago; it is now a reality. We - in all our diversity - felt it. If we can build stadia on time and host a sporting event like the FIFA World Cup, we can build a South Africa where more people have decent shelter, can earn their livelihoods, feed their families, and become participants in the generation of wealth.
<fn>GOV-ZA.20100709Gg33355Noticer591RulesBoardHighcourProceedingsEn.2012-02-10.en.txt</fn>
The Rules Board for Courts of Law has under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), with the approval of the Minister for Justice and Constitutional Development, made the rules in the Schedule.
In this Schedule "the Rules" means the rules regulating the conduct of the proceedings of the several provincial and local divisions of the High Court of South Africa published under Government Notice No. R.48 of 12 January 1965, as amended by Government Notices Nos. 235 of 18 February 1966, R.2004 of 15 December 1967, R.3553 of 17 October 1969, R.2021 of 5 November 1971, R.1985 of 3 November 1972, R.480 of 30 March 1973, R.639 of 4 April 1975, R.1816 of 8 October 1976, R.1975 of 29 October 1976, R.2477 of 17 December 1976, R.2365 of 18 November 1977, R.1546 of 28 July 1978, R.1577 of 20 July 1979, R.1535 of 25 July 1980, R.2527 of 5 December 1980, R.500 of 12 March 1982, R.
R.775 of 23 April 1982, R.1873 of 3 September 1982, R.2171 of 6 October 1982, R.645 of 25 March 1983, R.841 of 22 April 1983, R.1077 of 20 May 1983, R.1996 of 7 September 1984, R.2094 of 13 September 1985, R.810 of 2 May 1986, R.2164 of 2 October 1987, R.2642 of 27 November 1987, R.1421 of 15 July 1988, R.210 of 10 February 1989, R.608 of 31 March 1989, R.2628 of 1 December 1989, R.185 of 2 February 1990, R.1929 of 10 August 1990, R.1262 of 30 May 1991, R.2410 of 30 September 1991, R.2845 of 29 November 1991, R.406 of 7 February 1992, R.1883 of 3 July 1992, R.109 of 22 January 1993, R.
R.974 of 1 June 1993, R.1356 of 30 July 1993, R.1843 of 1 October 1993, R.2365 of 10 December 1993, R 2529 of 31 December 1993, R.181 of 28 January 1994, R.411 of 11 March 1994, R. 873 of 31 May 1996, R.1063 of 28 June 1996, R.1557 of 20 September 1996, R.1746 of 25 October 1996, R.2047 of 13 December 1996, R.417 of 14 March 1997, R.491 of 27 March 1997, R.700 of 16 May 1997, R.798 of 13 June 1997, R.
R.785 of 5 June 1998, R.881 of 26 June 1998, R.1024 of 7 August 1998, 1723 of 30 December 1998, R.315 of 12 March 1999, R.568 of 30 April 1999, R.1084 of 10 September 1999, R.1299 of 29 October 1999, R.502 of 19 May 2000, R.849 of 25 August 2000, R.373 of 30 April 2001, R.1088 of 26 October 2001, R.1755 of 5 December 2003, R.229 of 20 February 2004, R. 1343 of 12 December 2008, R.1345 of 12 December 2008, R.
R.518 of 8 May 2009, R.86 of 12 February 2010, R.87 of 12 February 2010, R.88 of 12 February 2010, R.89 of 12 February 2010 and R.90 of 12 February 2010.
For registration of any document for service or execution, upon receipt thereof. [5,00] 6,00 2.
no fee for the service of a separate document shall be charged in respect of the service of process in criminal cases.
[30,00] 33,00 Provided that an attempted service of more than one document on the same person shall be treated as an attempted service of one document only.
When two or more summonses or other process, whether at the instance of the same party or of different parties, are capable of being served on one and the same journey, the travelling allowance for performing the round of service shall be fairly and equitably apportioned among the several cases, regard being had to the distance at which the parties against whom such process is directed respectively reside from the office of the sheriff, but the fee for service shall be payable for each service made or attempted to be made.
Provided that if the office of the sheriff is situated more than three kilometres from the office of the magistrate of his or her district the allowance shall be payable only where such duty is to be performed beyond a distance of one kilometre from the magistrate's office.
Justice and Constitutional Development, in his or her discretion, where circumstances warrant this.
Postage in civil matters, as per postal tariff.
Postage in criminal matters, free.
NOTE: The sheriff may take any postal matter to the registrar of the High Court, or if there is no registrar in his or her town or city, to the magistrate, who shall frank the envelope with his or her official franking stamp.
(c) (iii) (iv) against immovable property- (i) (ii) (identical notices where there are several lessees, occupiers or owners, for each after the first per hour or part thereof for attachment of property ad fundandam jurisdictionem or ad confirmandam jurisdictionem where an attachment in terms of item 5 (a) (iii) is withdrawn or suspended of ejectment: [R61,00] R66,00 per hour or part thereof, subject to a minimum of which shall include the first hour (in addition to reasonable expenses necessarily incurred); for execution, including service of notice of attachment upon the owner of the immovable property and upon the registrar of deeds or other officer charged with the registration of such property, and if the property is in occupation of some person other than the owner, also upon such occupier. for notice of attachment to a single lessee or occupier.
(iv) for making valuation report for purposes of sale per hour or part thereof. when a sheriff has been authorized to sell property and the property is not sold by reason of the fact that the attachment is [61,00] 66,00 withdrawn or stayed, irrespective of the amount of the writ, all the necessary notice for the withdrawal of the attachment.
registered, including any correspondence in connection therewith (in addition to reasonable expenses necessarily incurred).
(xii) (xiii) (xiv) for forwarding a copy of the notice of sale to every judgment creditor who had caused the immovable property to be attached and to every mortgagee thereof whose address is known, for each copy, inclusive fee for (ix), (x) and (xi).
(xvii) (xviii) (xix) for preparing a plan of distribution of the proceeds (including the necessary copies) and for forwarding a copy to the registrar for giving notice to all parties who have lodged writs and to the execution debtor that the plan of distribution will lie for inspection, for every notice.
(ii) (iii) (iv) (v) (identical notices, when there is more than one person to be given notice, for each after the first) (vi) when a writ is paid on presentation, 9 per cent on the amount so paid, with a minimum fee of [R40,00] R44,00 and a maximum of for any abortive attempt at attachment, including one hour's search and enquiry. when a writ is withdrawn or stayed before any property is attached for making an attachment, including one hour's search and enquiry notice of attachment, if necessary, to a single person.
per cent on the value of the property attached or the amount of the writ, whichever is the lesser, but subject to a maximum of when a writ is paid by the debtor to the sheriff after attachment but before sale, 9 percent on the amount so paid, with a minimum fee of [R40,00] R44,00 and a maximum of when moneys are taken in execution, 9 percent of the amount so taken, but subject to a maximum of.
for drawing up advertisements of sale of goods attached.
for selling in execution (whether auctioneer employed or not), including distribution of the proceeds, on the first R15 000,00 or part thereof, 9 per cent, and thereafter, 6 per cent, with a maximum of.
NOTE: 'Possession' means the continuous and necessary presence on the premises for the period in respect of which possession is reckoned, of a person employed and paid by the sheriff for the sole purpose of retaining possession.
1,00 6. (a) For making an inventory, including all necessary copies and time spent in stocktaking, per hour or part thereof.
copy thereof for party desiring service or execution [21,00] 23,00 8 Drawing and completing of bail bond, deed of suretyship or indemnity bond [15,00] 16,00 9.
For the making of all necessary copies of documents per A4 size page 2,00 10.
Taking statement from accused, who is not represented and who desires witnesses to be subpoenaed at the expense of the State, as to his or her means, the names and addresses of the witnesses and what they can say in his or her defence, in order to enable the registrar or the clerk of the court on circuit to decide whether the witnesses should be subpoenaed. [15,00] 16,00 NOTE: This information is to be obtained at the time of serving the notice of trial and indictment and conveyed to the registrar or clerk of the court in the same letter under cover of which the documents are returned.
Attending any criminal session of a superior court or any circuit court, [R61,00] R66,00 per hour or part thereof, with a maximum per day of [304,00] 330,00 12.
Each necessary letter, excluding formal letters accompanying process or returns [10,00] 11,00 13.
Each necessary attendance by telephone (in addition to prescribed trunk charges). [5,00] 6,00 14.
Sending and receiving of each necessary facsimile per A4 size page (in addition to telephone charges) 3,00 15.
Bank charges: Actual costs incurred regarding bank charges and cheque forms.
These rules shall come into operation on 13 August 2010.
<fn>GOV-ZA.20100709gg33350noticer586paiamedschemesEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.20100709gg33355noticer592rulesboardmagcourtEn.2012-02-10.en.txt</fn>
1A. For registration of any document for service or execution upon receipt thereof: [R5,00] R6,00.
urgently on the day of receipt of such document or after normal office hours, the costs shall be calculated at double the tariff in item 1B(a)(i), (ii) and (iii) respectively, which additional costs shall be paid by the mandator, save where the court orders otherwise.
urgently on the day of receipt of such document or after normal office hours and the sheriff is unsuccessful in his or her attempt to effect service, the costs shall be calculated at double the tariff in item 1B(b)(i), (ii) and (iii) respectively, which additional costs shall be paid by the mandator, save where the court orders otherwise.
Where a document must be served together with a process of the court and is mentioned in such process or is an annexure thereto, no additional fees shall be charged for service of the document, otherwise R6,00 may be charged for every separate document served.
No fees shall be charged for a separate document when process in criminal matters are served.
The service of a notice referred to in rule 54(1) simultaneously with the summons shall not be regarded as a separate service.
urgently on the day of receipt of such document or after normal office hours, the costs shall be calculated at double the tariff in item 2(a)(i), (ii) and (iii) respectively, which additional costs shall be paid by the mandator, save where the court orders otherwise.
For the ejectment of a defendant from the premises referred to in the warrant of ejectment: [R21,00] R23,00 per half hour or part thereof (except extraordinary expenses necessarily incurred).
A further fee of [R14,00] R15,00 shall be paid after execution for every person over and above the person named or referred to in the process of ejectment, in fact ejected from separate premises: Provided that where service on any person other than the judgment debtor, respondent or garnishee is necessary in order to complete the execution, the fee laid down in item 1 B(a) may be charged in respect of each such service.
For the arrest of a defendant tanquam suspectus de fuga to found jurisdiction, shall, in addition to the tariff in item 2(a), an amount of [R21,00] R23,00 per half hour or part thereof be payable for waiting time during negotiations between the several parties.
Compilation of any return in terms of rule 8, in duplicate: [R10,00] R11,00.
If it is necessary for the sheriff to travel further than 20 kilometres from the court- house of the district for which he or she is appointed, a travelling allowance of R3,00 per kilometre for each kilometre or part thereof travelled further than the aforesaid distance to and from the place of service or execution shall be allowed in addition to the fees mentioned in item 1 B(a)(iii), 1 B(b)(iii), 2(a)(iii) or 2(b)(iii) as the case may be.
In respect of the discharge of any official duty other than those mentioned in items 1 and 2, a travelling allowance of R3,00 per kilometre for every kilometre, or part thereof, shall be payable to the sheriff for going and returning, and it shall be calculated from the court-house of the district for which the sheriff is appointed.
where more services than one can be done on the same journey beyond a radius of 20 kilometres from the court-house, the distance from the radius of 20 kilometres to the first place of service may be taken into account only once, and shall be apportioned equally to the respective services, and the distance from the first place of service to the remaining places of service shall similarly be apportioned equally to the remaining services; and where service of the same process has to be effected on more than one person by a sheriff within the area served by him or her, only one charge for travelling shall be allowed.
The perusing, drawing up and completing of a bail bond, deed of suretyship or indemnity bond: [R5,00] R6,00.
Travelling allowances, to include board in every case.
If livestock is attached, only the necessary expenses of herding and preserving the stock shall be allowed.
If the goods are removed and stored, only the cost of removal and storage shall be allowed.
Where the warrant of execution against movables is completed by sale, 9 per cent for the first R15 000, 00 or part thereof and thereafter 6 per cent, with a maximum of [R5 405,00] R5 875,00.
For the insurance of attached property if deemed necessary and on written instructions of the judgment creditor to the sheriff, in addition to the premium to be paid, an all inclusive amount of [R21,00] R23,00.
When immovable property has been attached in execution and is not sold, either by reason of the warrant having been withdrawn or stayed or of the sequestration of the estate of the execution debtor, the expenses in connection with the attempted sale and the sum of [R122,00] R133,00 shall be payable to the sheriff or the person in fact authorised to act as auctioneer, as the case may be.
The drawing up of a report of the improvements on the property for the purpose of sale, [R21,00] R23,00 per half hour or part thereof.
Written notice to the purchaser who has failed to comply with the conditions of sale: [R30,00] R33,00.
Consideration of conditions of sale: [R61,00] R66,00.
bank charges and other expenses incurred in paying the proceeds into his or her trust account, which commission shall be paid by the purchaser.
the mandator requested, before an attempted service or execution of the process, that it be returned to him or her, an amount of [R5,00] R6,00 shall be payable.
For forwarding a copy of the notice of sale to every execution creditor who has lodged a warrant of execution and to every mortgagee in respect of the immovable property concerned whose address is reasonably ascertainable, for each copy: [R5,00] R6,00.
For affixing a copy of the notice of sale on the notice board or door of the court-house or other public building referred to in rule 43(6)(e) and rule 41(8)(b): [R15,00] R16,00.
If investigated by the sheriff him- or herself: [R36,00] R39,00 per case.
If the sheriff utilises the services of a third party for the investigation, the actual cost as required by the third party, provided that it is reasonable.
For the drawing up of the bill for taxation and attendance of the taxation by the sheriff: [R40,00] R44,00.
The tariff as prescribed in item 4 shall apply to paragraphs (b) and (c).
<fn>GOV-ZA.2010071201En.2012-02-10.en.txt</fn>
Following the final match of the FIFA World Cup 2010 last night in Johannesburg, I can proudly stand before you today and declare that Africa has just successfully hosted one of the world's biggest sporting events.
The importance of the World Cup to the continent was not just about hosting a good event, but delivering on a world class level, on time, on budget and with precision detail. Africa's ability to step up to the plate played out on a global stage watched by billions. It has given us confidence in who we are, and contributed significantly to perceptions of what the real talent and capabilities of Africa can achieve. A recent article in a local newspaper quoted a fund manager as saying that "the buzz from Africa's first soccer World Cup is being heard in investment houses across the globe, and is drawing new interest in business and capital to the continent". Indeed, we are using the occasion to rebrand Africa's image and to send out a message to the world that Africa is indeed open for business!
That Africa is being seen as a rewarding new frontier for investment has also become clear against other recent developments both at home and abroad. In 2003, Goldman Sachs predicted that four emerging economies, Brazil, India, Russia and China, would develop as major forces in the global economy. This indeed came true. Now predictions have turned on the 'Next 11', a list of the new rising emerging giants, which includes African countries (Nigeria and Egypt). Africa is also placed prominently on the G20 through South Africa, which was expanded from the G8 to recognise the important role in the global economy being played by the emerging markets. And further recognition grading given by sovereign rating agencies to Botswana, Mauritius, Morocco and South Africa. Against the background of the recent global economic recession, emerging markets performed better than their developed country counterparts, and many investors re-evaluated their perception of, and appetite for, emerging market risk. Proudly, Africa responded to the downturn by continuing with reforms already underway, and not embarking on reactionary protectionism, as happened in some other regions of the world. Countercyclical policies were adopted, with fiscal expansion underpinned by infrastructure spending, and central banks co-ordinating to cut interest rates and stimulate demand. This response marked Africa's coming of age amongst the world's economic policy makers and was indeed impressive. Though hard-hit by the downturn through the fall of commodity prices and trade levels, African governments' room for manoeuvre was made possible due to its economic resilience: in the face of recession in developed countries, Africa's growth remained positive, at 2.
5.9 percent in 2011 according to the IMF, well above the average forecast for global growth.
from just US$9 billion in 2000 to over US$62 billion in 2008. This shows that Africa is seen as part of a "new growth wave" where high growth is providing higher returns for investors seeking new opportunities. In fact a number of recent studies comparing the experience of investors in Africa with other markets have resolved that we provide the highest returns of any market.
Real GDP growth averaged around 6 percent for Sub-Saharan Africa between 2002 and 2008--almost double that of the 1980s and 1990s- and has been characterised by the rise of a number of star performers. With Nigeria, Ghana, Egypt, Tanzania, Zambia, Uganda, Rwanda, Botswana, Mozambique and many others emerging as regional role models, there is the potential to inspire their neighbours on the content, similarly to how the Asian giants inspired their regional neighbours to greater economic success.
But what is underpinning this 'new growth wave' in Africa?
Firstly, macro-economic stability has been brought about by better macro-economic policy over the last two decades. Inflation has been trimmed from double-and sometimes triple-to just single digits, with few exceptions. Budget deficits have been reduced through more prudent fiscal expenditure and a widening of the tax revenue base in debt servicing has come down, reflecting participation in the World Bank and IMF's Heavily Indebted Poor Countries initiative, where the majority of countries enrolled have successfully completed the programme. Economic growth has become less volatile in a number of countries, where the boom-bust cycle of the past is being tempered by the emerging of more stable source of growth from the diversification of economic activities.
Secondly, African countries have embarked upon broad-ranging agendas of structural reform. This has been backed by the consensus today amongst African leaders that sustainable growth will only come through fostering the private sector and increasingly integrating with the global economy.
o improved financial intermediation, with the rise of pan-African banking, greater access to financial services by the unbanked or under-banked, and the rise in strength and number of Africa's stock exchanges from just 5 in 1989 to 20 in number today; and o not least, the prioritisation of spending on health and education in national budgets.
We should also recognise the role that Africa's improved commitment to democracy and political stability is playing. With more participatory government and a more active civil society, it is not surprising that the continent is experiencing fewer conflicts and the speedier resolution of crises. Indeed exceptions still exist, but it is a case in point that they no longer serve as the rule.
Another important relationship is that of African countries with the rest of the developing world, with whom we now conduct more than half of our trade. The BRIC countries, as well as many other emerging markets, have offered Africa the opportunity to diversify their investment, finance and trade partners, but also something far more. Their focus on Africa as a significant component of their future growth has renewed interest from from that of a developmental lost cause to the alluring promise of a vast source of untapped resources and wealth that forms a critical part of the global supply chain.
Where do the opportunities in Africa lie?
It has often been said that Africa's strength is her people, and thus it was appropriate that we chose as our theme for the World Cup, 'Sekunjalo ke nako', 'now is the time to celebrate our humanity!' Indeed, with 1 billion people, the 21st century is witnessing the rise of the African consumer. It may surprise many to know that the growth of Africa's middle class has now surpassed that of India, according to McKinsey. And that in 2000 more than 59 million Africa households had spending power of above $5000-the level above which they start spending more than half on non-food consumer items-and that by 2030 the top 18 cities in Africa are estimated to have a combined spending power of $1.5 trillion. This perhaps explains the McKinsey Global Institute's finding that two-thirds of Africa's economic growth between 2000 and 2008 was not from resources, but largely from services and manufacturing.
resources, the rise of the alternative sectors is creating many opportunities. For instance, telecommunications is characterised by the fastest mobile phone growth in the world-from just a few million subscribers a decade ago to over 400 million today. This is driving revolutions in other industries, particularly finance, where mobile phone banking is providing access to finance for millions of formerly unbanked or underbanked customers. Mobile phones are a tool for many Africans to exercise their creativity and innovation in business, to connect to markets and customers, and to raise productivity. Equally, African customers are demanding increased goods and services from sectors such as transport, tourism, retailing, energy, health, agriculture, and food processing, which will spur additional industries such as wholesale, construction and logistics.
Given's Africa's growing labour force and unique geography, the continent is also uniquely placed to cater for rising demand for specific goods and services from the rest of the world, driven by demand for energy, food and meeting new environmental objectives. This is expected to spur sectors such as eco-tourism, natural and organic foodstuffs, horticulture, biofuels, and renewable energy (such as solar, hydro and wind).
Africa's growth for many decades to come given the vast tracts of land that are yet to be survey for the potential mineral wealth that they hold, another significant area of opportunity that could open up is that of manufacturing. As China's income levels rise, so wage demands are rising there to and there are signs that industry in China is gradually becoming more capital than labour intensive. And so with an estimated workforce of 1.1 billion in 2040, market analysts expect Africa will overtake China and India, and could become the next low-wage destination for international manufacturers.
Africa's people are not just her customers or workers, but we should also pay tribute to her entrepreneurs. Those familiar to travelling across the continent will pay testament to the extraordinary ingenuity, the visionary solutions, and the determination shown to succeed against all odds. With the right conditions, African entrepreneurs have shown that they can advance from surviving for today to thriving into a brighter tomorrow. And hence, the new Big Men of Africa are our businessmen and women, and they are creating a new stage on which the values of responsibility and accountability are being played out, where the customer is king and the market is their watchful referee.
o And last but not least, to foster possibly our most precious resource, that of leadership. Ineffective leadership has been the root cause of many of Africa's problems in the past, but the Africa of today recognises the importance of ethical, effective and accountable leadership in helping us overcome our challenges.
African Leadership Institute, which run programmes for senior executives; the Annual African Business Leaders Forum, which is supported by a research centre on leadership; and the many leadership programmes now being offered at African business schools. The fact that we are here today, speaks to our awareness and appreciation of the role that we are playing in our own societies, and our desire to collaborate on how we can make tomorrow a better Africa for us all.
In South Africa, I think we speak for many of our African counterparts, when we say we are strongly committed to the many development objectives outlined above.
And for all of us, the preparation and hosting of the FIFA World Cup 2010 has shown our determination to succeed, and is a demonstration of the art of the possible. Our stadiums are icons that fill us with a sense of confidence and capability, and so we hope that many of you will have enjoyed the magnificence of Soccer City, the nautical beauty of Moses Mabhida in Durban, the ingenuity of Mbombela stadium's locally inspired design, the cutting edge symmetry of Nelson Mandela Bay stadium, and the stature of Green Point stadium against the skyline of the Mother City. They will remind us of how we showcased the best of what Africa can Ladies and gentlemen, as the Spanish can testify to you today, it feels good to be winning in Africa!
<fn>GOV-ZA.2010071401En.2012-02-10.en.txt</fn>
The Organisation for Economic Cooperation and Development (OECD) will release its economic survey of South Africa on Monday 19 July 2010. The survey looks at measures to boost longterm growth and employment in the country, ranging from labour markets to fiscal policy issues. The OECD released its first Economic Assessment of South Africa in 2008.
Journalists will be allowed access to the electronic version of the publication, by e-mail and under embargo, the day before release. To receive the Survey under embargo, journalists undertake to respect the OECD's embargo procedures. Requests to receive the survey by email under embargo or to obtain a password to access the website must be sent by e-mail to embargo@oecd.org.
The survey will also be available on the OECD's password-protected website at 14.30 on the day for immediate release. A Policy Brief with the main conclusions of the survey in PDF format will also be available at www.oecd.org/eco/surveys/southafrica.
<fn>GOV-ZA.20100714SwcEletsEn.2012-02-10.en.txt</fn>
Pretoria - Elements of the criminal justice system that worked well during the World Cup will be maintained and improved on to deliver swift justice to South Africans.
Justice Minister Jeff Radebe said elements of the dedicated courts, in particular, would "most probably" be implemented.
Assessing the performance of the justice system during the World Cup on Wednesday, the minister said once the courts had finished their work on 25 July, a thorough assessment would be made of their successes and challenges.
Radebe said from the preliminary reports he had received he had no doubt that "what works needs to be kept".
"All the things that worked well during this period will be maintained and improved," he added.
The minister said that swift justice was a commitment his department had always made and he would consider all measures that would help stamp out crime in the country.
"I think the whole of government wants to see swift justice. It is what our people desire and what our people must get," he added.
The minister insisted that sentences handed down by the dedicated courts were not harsh.
"This justice is very fair. The arm of the law is very long. Each case was considered according to the merits. I looked at the cases and I am satisfied with the sentences," he said.
According to figures from the department, the courts have dealt with 205 cases since they opened on 28 May, up until 11 July.
Most of the cases - 163 in total - have already been finalised.
There have been 122 convictions, 42 cases have been postponed, 33 withdrawn and there have been eight acquittals.
Most of the cases, 42.44 percent, were in Gauteng, while 30.24 percent were in the Western Cape, followed by the Eastern Cape with 10.73 percent.
South Africans and international visitors alike have found themselves on the wrong side of the law, with 137 locals and 102 foreign nationals appearing in the dedicated courts.
Most of the cases heard by the courts - 71 of them - were theft related, with the selling of World Cup tickets (23 cases), fraud (13 cases) and common robbery (12 cases) also featuring high up on the list.
On the policing front, government said the 40 000 police officers trained and incorporated into the police force for the World Cup will remain on the force.
<fn>GOV-ZA.20100716Gg33370Noticer603PaiaLimpopoEn.2012-02-10.en.txt</fn>
DESCRIPTION OF CATEGORY OF RECORDS MANNER OF ACCESS TO RECORDS e.g.
· Departmental Strategic plans.
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· Departmental File plans. Fax no.
· Budgets.
· Departmental Acts, Regulations, Policies lebethemj@ledet.gov.za and Procedure manuals.
· Citizens' report. www.limpopo.gov.
· Promotion of Access to Information manual.
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Department of Economic Development, Environment and Tourism, P/Bag X 9484 Polokwane 0700 Tel. No.:015 295 7203 Fax no.: 015 295 6824 E-mail address: lebethemjAledet.gov.za or visit our website www.limpopo.gov.
<fn>GOV-ZA.2010071901En.2012-02-10.en.txt</fn>
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Executive summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Assessment and recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Chapter 1. Moving beyond the crisis and finding a new sustainable growth path . . . . 21 The2008-09economic crisis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Emerging from the crisis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Setting a course for rapid convergence on advanced country income levels. . . . ..
Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Bibliography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
Chapter 2. Strengthening the macroeconomic policy framework. . . . . . . . . . . . . . . . . . . 65 The monetary policy framework has served the economy well, but should bestrengthened. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Enhancing the stabilising role of fiscal policy and safeguarding sustainability. . ..
Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Bibliography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
Chapter 3. Closing the labour utilisation gap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Low labour utilisation remains South Africa's most salient problem . . . . . . . . . . . . 92 A range of demand- and supply-side factors have contributed to low employment levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Improving employment performance will require a range of policy actions . . . . . . 104 Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Bibliography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 114 Annex 3.A1. The experience of OECD countries in raising employment . . . . . . . . . . 117 Annex 3.A2. Recommendations of the 1994 OECD Jobs Strategy and the revised Jobs Strategy of2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
<BR>The National Credit Act of2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 1.2. <BR>South Africa as an illustration of the end-point problem infilteringestimates of potential output . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 1.3. <BR>Recent South African proposals and measures to reduce greenhouse gas emissions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 1.4. <BR>Summary of recommendations for emerging from the crisis and finding a new sustainable growth path. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 2.3. <BR>Summary of recommendations for macroeconomic policies . . . . . . . . . . . . . ..
The experience of OECD countries with raising employment . . . . . . . . . . . . . . . 105 3.3. Summary of recommendations for increasing labour utilisation . . . . . . . . . . ..
Macroeconomic projections2010-11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 1.2. Steam coal prices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 2.1. Commodity-related revenues in selected commodity-exporting countries, 2007. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 3.1. Labour force participation rate by age and population group . . . . . . . . . . . . . . . 95 3.2. Narrow and broad measures of unemployment . . . . . . . . . . . . . . . . . . . . . . . . . . 95 3.3. Unemployment rates by age and population group . . . . . . . . . . . . . . . . . . . . . . . 97 3.4. Unemployment rates by level of educational attainment . . . . . . . . . . . . . . . . . . 98 3.5. Breakdown of working age population by age group.. . . . . . . . . . . . . . . . . . . . . . 98 3.6. Evolution of labour force participation rates by age category . . . . . . . . . . . . . ..
Breakdown of capital flows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1.3. Terms of trade. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1.4. Share prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 23 1.5. Growth slowdown and output fall during the crisis . . . . . . . . . . . . . . . . . . . . . . . 24 1.7. House prices and consumption. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 1.8. Contribution to GDP growth by activity and expenditure. . . . . . . . . . . . . . . . . . . 26 1.9. Pre-crisis financial position of banks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 1.10. Real short-term interest rates. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 1.11. Indicators of activity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 1.12. Main export commodity prices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 1.13. HP filter estimates of potential growth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 1.14. Labour market dynamics during the crisis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 1.15. Potential GDP and output gap. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 1.18. Government's targeted growth profile. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 1.19. Decomposition of PMR in Enhanced Engagement and other non-member countries, 2008. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 1.20. Investment and saving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 1.21. Real exports percapita of goods and services . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 1.22. Real effective exchange rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 1.23. Real effective exchange rate deviation from trend and current accountbalance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 1.24. Adjusted net saving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 1.25. Greenhouse gas emissions, 2005. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 1.26. Greenhouse gas emissions trends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 1.27. Environmental taxes, 2007. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 1.28. Unleaded petrol prices and taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Inflation, inflation expectations and interest rates. . . . . . . . . . . . . . . . . . . . . . . . 71 2.4. Government finances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 2.5. Public debt and debt service cost. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 2.6. Budget balance and government revenues, 1996-2009 . . . . . . . . . . . . . . . . . . . . . 77 2.7. Public sector spending on infrastructure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 2.8. Headline and structural budget balances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 2.9. Output gap and decomposition of budget balance into structural andcyclical component.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 2.11. General government total expenditure and GDP per capita. . . . . . . . . . . . . . . . . 84 3.1. Real income gaps and their composition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 3.2. Employment rate, 2000-09. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 3.3. Labour force participation rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 3.4. Unemployment rate, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 3.6. Youth unemployment rate, 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 3.7. Youthunemployment rate (15-24) by racial group . . . . . . . . . . . . . . . . . . . . . . . . 97 3.9. Gold production and reserves. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 3.10. SouthAfrican exports - world market share . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 3.11. Real wages in the non-agricultural formal sector . . . . . . . . . . . . . . . . . . . . . . . . . 102 3.12. Economy-wide real wage trends. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 3.A1.1. Large declines in unemployment and changes in real wages . . . . . . . . . . . . . ..
The Economic Survey of South Africa was discussed by the Economic Development and Review Committee on 12 May 2010.
This Survey is published under the responsibility of the Secretary-General of the OECD.
This is the first Economic Survey of South Africa. An Economic Assessment of South Africa was issued in July 2008.
Information about the Survey and the Economic Assessment, as well as more information about how Surveys are prepared, is available at www.oecd.org/eco/ surveys.
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Area (thousand sq.
Population (millions, mid-year) 49.3 Labour force (thousand, 15-64) 17 383 Provinces (% of total population) Employment (% of total) Eastern Cape 13.5 Agriculture 5.
Annual population growth (%, 2001-09) 1.2 Inhabitants per sq. km. 40.
2 408 10 116 Gross value added (% of total) Agriculture Industry and construction Services 3.0 31.1 65.
29.7 30.8 Central government gross debt (2008/09, % of GDP) 27.
27.1 20.0 16.0 15.7 11.2 Imports of goods and services (% of GDP) Main imports of goods (% of total) Machinery and transport equipment Mineral fuels, lubricants and related materials Manufactured goods and articles Chemicals and related products 28.0 34.8 21.4 19.4 10.
Rand per USD (period average): 8.
A strong macroeconomic policy framework has helped to improve growth performance over the past two decades, but the 2008-09 downturn highlighted the limitations of the domestic-demand-led growth path which has characterised South Africa in recent years. Unemployment, which had remained very high, if declining, throughout the boom years, turned up again in the recession. There is now a need both to ensure a rapid recovery from the downturn and to boost trend growth and thereby create the millions of jobs required to make full use of South Africa's large supply of underutilised human resources.
The global downturn struck South Africa when it had already passed the boom, and the economy slowed sharply, experiencing its first recession in 17 years. The decline in output was moderated by a countercyclical policy response, made possible by past fiscal prudence, and by the resilience of the banking system, which did not experience a crisis. Growth has resumed and is projected to accelerate, but macroeconomic policy stimulus should be removed only gradually, as a self-sustaining recovery, led by the private sector, takes hold.
Evidence suggests several ways to improve South Africa's trend growth performance. Notably, all economies experiencing successful rapid economic development in recent decades have had much higher savings and investment rates and stronger export growth than South Africa, and policy action to increase saving and strengthen export performance are therefore warranted. South Africa should do more to resist waves of real appreciation of the rand associated with surges in private capital inflows, which are largely driven by investor sentiment towards emerging markets in general, and commodity plays in particular. Tighter and more countercyclical fiscal policy, verbal and foreign exchange intervention, and liberalisation of capital outflows all have a role to play. Another key to better trend growth is reform of the regulatory environment. South Africa has low levels of competition and relatively restrictive product market regulation, which hampers more broad based innovation. OECD research suggests that lowering barriers to entrepreneurship could substantially boost South Africa's long-term growth rate.
The macroeconomic framework is strong, but can be improved. South Africa has a good track record of fiscal prudence, but, as in other countries, fiscal discipline was eroded in the cyclical upswing. South Africa would therefore benefit from stronger fiscal institutions to prevent unwarranted fiscal expansion when the economy is strong. The monetary policy framework is sound, but could be refined to bolster the credibility of the inflation targets and to exploit scope for limiting exchange rate fluctuations, to the extent this is compatible with achieving the primary goal of keeping inflation within the target range.
Labour market reforms should complement improved macroeconomic policies to deliver higher employment. A greater level of co-ordination of wage bargaining focusing on wage and price moderation as the ultimate goal, with the government providing a voice for labour market outsiders, could deliver greater wage moderation and increase the credibility of the inflation target. Limiting the legal extension of sectoral bargains would also foster wage moderation and lead to stronger job creation, particularly among smaller and medium sized firms.
measures to raise employment over the long term include improved basic education, reduced spatial mismatches between jobseekers and jobs, and better access to credit for small enterprises. Within an overall employment strategy, measures should be targeted at tackling youth unemployment. These could include job search assistance, training-based wage subsidies, age-differentiated minimum wages and extended probationary periods for young workers.
Thanks in part to a better policy framework, growth performance in South Africa has improved over the past two decades. However, this was not sufficient either to offer enough employment opportunities for the young and growing population or to close the aggregate income gap with OECD countries. Despite a strong macroeconomic policy framework, job creation and productivity growth remain too low to underpin sustained rapid GDP per capita growth. Better performance on these fronts is needed to make sustainable the remarkable alleviation in poverty brought about by expanded social transfer programmes by gradually augmenting it by income from economic activity. The overarching challenge for South Africa is to boost its trend growth rate and thereby create jobs. Most successful historical examples of rapid development have been characterised by high savings and investment rates and strong foreign trade growth often kick-started by a period of undervaluation of the currency or at least a reduction in the degree of overvaluation. Despite a favourable endowment of both labour and natural resources, South Africa has in recent years experienced a rather different pattern of economic development, one characterised by strong domestic demand growth, low savings and investment rates, and weak export performance and an overvalued currency. This constellation was accompanied by high capital inflows from portfolio investors, while net foreign direct investment inflows were relatively modest. The financial crisis has highlighted the need for increasing potential growth through a combination of more counter-cyclical macroeconomic policy frameworks and structural reforms leading to higher employment, more competition on product markets and greater innovation.
Growth objectives should not be limited to a higher increase of GDP per capita. Several aspects of welfare are not captured by GDP, and not all are necessarily even correlated with it. In addition, even to the extent that GDP is an adequate proxy for wellbeing in a given period, focussing only on output would ultimately be self-defeating if sustainability were compromised. In particular, environmental conditions affect both current well-being and whether prevailing levels of well-being can be sustained. South Africa tends to score relatively poorly on broad indices of environmental conditions, especially in the area of greenhouse gas (GHG) emissions. Better incentives would make the economy more environmentally sustainable, including by reducing GHG emissions, and could also provide a boost for the development of industries which provide solutions in this respect.
The multi-faceted issues facing the South African economy pose policy challenges for the government on many fronts that need to be addressed simultaneously.
achieving higher employment, albeit through a broad range of policies. Measures which could help to achieve this goal include support through structural reforms of a shift of resources from either inactivity or serving domestic demand to the export sector, and refinements to South Africa's already strong macroeconomic framework to make policies more growth-friendly overall.
Increasing the employment rate by reforms to wage determination mechanisms, improved school-to-job transition, reducing general skill/location mismatches in the labour market, developing entrepreneurialism and addressing bottlenecks in the implementation of employment protection regulation.
Reforming the regulatory environment by reducing entry barriers, increasing the scope for competition in network industries and reducing direct government influence on the economy, which should also widen the scope for productivity-increasing innovation.
Refining the macroeconomic policy framework to build on the successes already achieved in delivering a greater degree of monetary stability coupled with fiscal sustainability while also reducing the real exchange rate relative to a no-policy-action scenario in order to facilitate an export-led growth acceleration.
One issue to bear in mind with respect to all policy actions is administrative capacity, which, as recognised in the AsgiSA economic strategy of 2006, is limited. There are other policy areas critical to long-term economic performance which are not addressed in detail in this Survey but which will be taken up in greater depth in future Surveys. Notable among these is education, where outcomes continue to be poor on average and extremely variable.
The global crisis accentuated a slowdown already underway...
South Africa was already moving into a cyclical downturn when the international crisis struck, with high interest rates having choked off a prolonged house price boom and halted growth in private consumption. What might have been a moderate growth slowdown in South Africa, as households worked down excessive debt loads via higher savings rates, became a recession as global financial conditions deteriorated and world trade collapsed. South Africa's decline was led by manufacturing and mining where the sudden drop in export demand was reflected in a sharp reduction in private investment and subsequently in falling employment. Consequently, South Africa experienced a sharp deceleration of growth from more than 5% in 2007 to a fall of almost 2% in 2009.
Nevertheless, South Africa's downturn was fairly shallow: the peak-to-trough fall in output was smaller than in most OECD countries and emerging market economies. On a sectoral basis, the most important offset to the negative dynamics that took hold in manufacturing and mining was construction, which held up well through the recession. This was primarily a function of public investment, in part linked to the preparations for the 2010 World Cup and associated transport projects.
experienced no bank failures, and a surge in non-performing loan (NPL) rates in 2009 was easily absorbed. There were several reasons for this, including: the banks' strong profitability; the low level of NPLs and comfortable capital cushions going into the downturn; banks' lack of direct exposure to problem assets from the US and Europe; bankruptcy laws that favour creditors in recovering collateral for bad loans; and conservative approaches on the part of both the regulator and the banks themselves.
Macroeconomic policies during the crisis were countercyclical, although to a lesser extent than in many other countries. The consolidated government budget balance worsened by about 6 percentage points of GDP in the 2009/10 fiscal year, due in roughly equal measure to lower revenues and higher expenditure. The latter was less a function of discretionary anti-crisis measures than the maintenance of pre-existing spending plans in the face of the economic slowdown as well as an unexpectedly large public sector wage increase. Ambitious capital expenditure plans in energy and transport by public enterprises that were similarly approved before the crisis and not revised downwards also supported output during the decline. Monetary policy was eased, but not particularly aggressively. In contrast to many OECD countries, where interest rates fell nearly to zero, the South African Reserve Bank's (SARB) repo rate bottomed out at 6.5%, reflecting initial inflation that was well above the SARB's target range and backward-looking inflation expectations. No emergency actions, such as capital support for banks or quantitative easing to support lower interest rates, were needed.
After three negative quarters, growth turned marginally positive in the third quarter of 2009 and quickened in the following two quarters, as private consumption resumed growing after five quarters of contraction and the rate of inventory drawdown slowed. Momentum appears to have continued to build in 2010, with house prices picking up and leading indicators signalling growing strength. In addition, external conditions have become more favourable, with a strong recovery of global trade volumes and surging prices for South Africa's main export commodities. The economy will also have been boosted by the staging of the World Cup. Output growth is therefore expected to be robust in 2010 and exceed potential in 2011.
The output gap is unlikely to be eliminated before 2012, and the key short-term task is to consolidate the emergence from recession and facilitate a rapid catch-up to potential output.
the first quarter of 2010. A sluggish recovery would be likely to mean a continued upward creep of structural unemployment, eroding the human capital of displaced workers whose connection to the labour market is weakened. Slow growth would also delay the pickup in investment via accelerator effects, increasing the negative impact on potential output and hindering progress on the reduction of poverty and unemployment. The decline in inflation in recent months, combined with the strength of the rand, the negative output gap and the hesitant recovery to date, suggests that the latest downward move in the SARB's policy rate (in March 2010) was well judged. Indeed, scope may yet remain for some further reduction of interest rates, which would be supportive of output growth. As to fiscal policy, public debt levels remain moderate at 32.8% of GDP and the current (2009/10) deficit of 6.7%, although large historically, is not extreme by international standards, so that the modest withdrawal of fiscal stimulus foreseen in the 2010/11 budget achieves about the right balance between supporting demand and preserving fiscal sustainability as long as the economic recovery is in line with government projections. As the recovery proceeds, or if it is faster than expected this year, there should be further fiscal consolidation, both to safeguard the public balance sheet and to avoid aggravating macroeconomic imbalances. Monetary policy makers will also have to remain vigilant, given that inflation expectations have proved to be backwardlooking and downwardly sticky, which has been recently reflected in surprisingly strong wage settlements considering the extent of labour market slack.
Beyond bringing the economy back to potential, many challenges remain. These are broadly interlinked by the need to make better use of South Africa's abundant resources, both physical and human, to accelerate the increase in living standards. Growth performance has been mediocre, with per capita GDP increasing by some 1.6% a year from 1994-2009, and by 2.2% over the decade 2000-09, far behind the most dynamic emerging economies. Moreover, although trend growth does appear to have improved somewhat over the past 16 years, South Africa is unusual among emerging economies in having failed to achieve any convergence towards the OECD average of GDP per capita over that period. Faster growth is needed to achieve the government's social and economic targets and to meet the aspirations of the people.
South Africa tends to score relatively poorly on broad indices of environmental conditions, especially in the area of greenhouse gas emissions. This is due to its industrial structure and its heavy reliance on coal for electricity generation. The need for progress on tackling climate change has been recognised by the government, but little concrete action has yet been taken to put a price on carbon or stimulate renewables. Moreover, the existence of favourable energy prices for some large industrial users, electricity prices that did not cover capital costs for the development of new capacity, and low coal purchase prices for the dominant electricity generator have all tended both to hinder economic efficiency and aggravate carbon emissions. The urgency of the global problem, South Africa's status as a relatively large emitter, and the slow progress to date all suggest that efforts to mitigate emissions should be accelerated. One important element would be to move to electricity prices that fully cover long-run costs, with no subsidies for industrial customers.
include a carbon tax, greater use of other green taxes, and faster development of renewable energy projects and carbon capture and storage.
and raising savings rates is likely to help...
Although the relationship between domestic savings and economic growth is theoretically ambiguous, empirically they are strongly correlated. While this correlation does not demonstrate causality, the Commission on Growth and Development (the Spence Commission) noted that there was no case of a sustained high investment path not backed up by high domestic savings, and other recent empirical work finds that growth accelerations are typically preceded by increases in savings rates and an improvement in the current account. The picture for South Africa over the past decade is strikingly different: net private capital inflows were large, the current account deteriorated sharply, and savings and investment rates were low. It therefore appears that efforts to raise the savings rate are warranted. To that end, public saving over the cycle should be increased. There is little evidence on policy measures that reliably boost private saving, but one which would normally be expected to have such an effect is the implementation of a compulsory pension savings scheme, such as is currently under consideration in South Africa. Even automatic enrolment in a pension plan, with the possibility of opting out, would be likely to have a positive effect on household saving, especially if combined with a "save more tomorrow" mechanism of automatically increasing contribution rates.
Export performance in non-industrial countries appears to be strongly related to economic growth. In particular, for such countries, overvaluation of the domestic currency is associated with slower growth, and growth accelerations are generally preceded by reductions in overvaluation or a period of undervaluation. By contrast, the prolonged surge in private capital inflows to South Africa beginning in the early 2000s was associated with a significant increase in the real exchange rate, a very large current account deficit and relatively weak export volume growth. The effect on South Africa was accentuated by the exchange rate policies of some other emerging markets, which meant that they experienced less appreciation and improved their competitive position.
Making fiscal policy more rule-based and more countercyclical. This would, with respect to commodity price cycles, provide a greater degree of offset to private capital inflows, which often surge when commodity prices are rising.
Using foreign exchange intervention more actively to resist overvaluation. The SARB has already tended to accumulate reserves when appreciation pressures have been strongest, while refraining from intervening to resist depreciation.
more to avoid or mitigate overvaluation. In any case, South Africa's current level of reserves is low by emerging market standards, leaving some room for an increase on prudential grounds. Backing up foreign exchange intervention by increased communication efforts to give stronger signals to markets about where the authorities see the exchange rate in relation to its equilibrium level.
Liberalising capital outflows. Removing the remaining controls on capital outflows and replacing them by prudential rules would provide a one-off easing of pressure for rand appreciation, while also enhancing economic efficiency and easing the administrative burden on residents.
Raising savings rates. Given the negative relationship between savings and overvaluation, the options for raising saving also apply in this area.
The inflation-targeting regime put in place a decade ago has had notable success. The transparency and predictability of monetary policy have been improved, and inflation and interest rates have been lower on average than in previous years. Like most other inflationtargeting central banks, the SARB has implemented inflation targeting flexibly, taking into account output and employment in the short-run while attempting to ensure that the inflation target is achieved over time. Nonetheless, on the one hand it is criticised for having been too rigid, while on the other hand measures of inflation expectations show that the targets are not seen as fully credible by all economic agents. Additional communication efforts are warranted to bolster the credibility of the inflation target, especially to ensure that the social partners use it as guidance for wage and price setting. The recent outreach initiative of the SARB is a useful step in that direction. To further increase transparency and signal commitment to price stability over the longer term, the SARB should consider moving in the direction of announcing a policy rate path consistent with the inflation objective. At a first stage, this might involve merely signalling the foreseen direction of policy rates. Ultimately, in line with certain other inflation-targeting central banks, the SARB could begin to publish a projected policy rate path in its Monetary Policy Review. Credibility would only be weakened by a change in the target band, which anyway does not appear to be warranted. The existing band is among the highest internationally. To a large extent this is justified, since in emerging market economies like South Africa relatively rapid productivity growth in the tradables sector is generally transmitted through the economy via higher rates of inflation than in advanced countries. The current target range provides ample room for such effects.
The boom in government revenues in the years preceding the crisis eroded the prudent fiscal position and was pro-cyclical, as spending was ratcheted up just as the cycle was peaking. The estimated structural balance, which remained in deficit throughout the boom years, began to deteriorate in FY 2007/08 and worsened substantially in FY 2008/09.
respect, South Africa behaved similarly to many other countries which also raised spending as revenues grew rapidly. Although South Africa's public debt burden remains moderate, there has been a sharp shift in the trend, and a difficult medium-term fiscal consolidation lies ahead. While the National Treasury's commitment to prudence remains unquestioned, South Africa might benefit from additional mechanisms to prevent similar policy errors in future cyclical upswings. This could usefully include a target on the structural balance, buttressed by an expenditure rule. The technical aspects of administering such rules and public acceptance of the need for fiscal prudence - as has been consistently advocated by the National Treasury - could both be facilitated by using input from a group of independent experts, as is done in a number of OECD countries. International experience suggests that fiscal rules of this sort, if backed by political will, are useful. The Treasury should in any case continue to develop and draw attention to its work on cyclically adjusted fiscal balances, and existing multi-year expenditure projections could be given greater status, such as by making the expenditure envelope for the out-years legally binding. This would increase the degree of public and parliamentary scrutiny in the case of proposed deviations from those projections in subsequent budgetary cycles.
A number of other resource-rich countries have opted to create commodity funds to better insulate their budget and economies from swings in commodity prices. Linking net flows into these funds to commodity prices reduces pressure to spend windfalls when prices are high and provides an extra source of budgetary finance when prices are low. Also, investing in foreign assets can offset some of the pressure for real appreciation of the currency when prices of export commodities are high. South Africa's case is less straightforward than some others, since direct tax revenues from mining are unusually low relative to the size of the sector, and since the revenues come from a number of commodities. Nevertheless, perhaps in conjunction with a greater effort to identify and tax economic rents from natural resource extraction, a mechanism to ensure that commodity price windfalls are saved should be given further consideration.
South Africa has an extreme and persistent low employment problem, which interacts with other economic and social problems such as inadequate education, poor health outcomes and crime. While the unemployment rate fell steadily from 2002 through 2007, helped by the strong cyclical upswing, it never fell below 20% and by the first quarter of 2010 was back above 25%, near the levels of 2004. In addition to high open unemployment, South Africa's very low labour force participation rate in part reflects a large number of discouraged job-seekers, so that on a broader measure, including such individuals, the unemployment rate is above 30%. As in other countries, vulnerable groups are most affected by unemployment, and in South Africa the problem is most extreme for black youth, for whom the unemployment rate exceeds 50%.
A range of supply- and demand-side factors contributed to the strong rise in unemployment in the decade from the early 1990s and its persistence since then. The end of apartheid was associated with a surge in labour force participation among generally younger, less-skilled and undereducated black Africans, just as the structural balance of the economy was shifting to more skill-intensive sectors. The HIV/AIDS epidemic damaged the employment prospects of millions via higher absenteeism and reduced productivity and capacity for job search. And the dysfunctional spatial allocation of the population inherited from the apartheid era has resulted in high reservation wages owing to long, expensive, and sometimes dangerous trips for job search and commuting. A further damaging apartheid legacy was the low level of entrepreneurialism among the black population. There are also signs of a growing dualism in labour markets, with large union wage premia and rising real wages in larger formal sector firms, but broadly stagnant economy-wide real wages. Possibly the single most important factor in the failure to generate faster employment growth, however, has been the mediocre trend growth performance of the economy, combined with the relatively low labour intensity of growth over the economic cycle. In light of the multiple factors underlying the low employment problem, a range of policy responses - on top of the above-mentioned policies to increase trend growth, which are key - will be required if South Africa is to achieve the rapid sustained growth in employment that it needs.
Thus, on top of an overvalued exchange rate, cost competitiveness has been jeopardized by insider-dominated wage bargaining. One promising direction to endow outsiders with more voice might be to increase the degree of co-ordination in wage bargaining. OECD experience suggests that high levels of co-ordination - either through greater centralisation or greater decentralisation - are associated with better employment outcomes by avoiding inflationary wage demands, reducing the real costs of disinflation and increasing the scope for interest rate reductions. Currently South Africa is characterised by an intermediate level of wage co-ordination, which is found elsewhere to be associated with poor employment outcomes. Increased coordination could be achieved by bringing social partners together at the beginning of each annual wage negotiation round and getting agreement on guidelines for increases in that year. Actual bargaining would continue to take place in the same way as it does at present, but against the background of such guidelines. Government involvement in the process could help to make the trade-offs between wages, employment and unemployment clearer to social partners. Weakening the legal extension of sectoral bargains would likely also help with wage moderation, since social partners would know that agreed wage levels could be undercut by other firms.
In South Africa, as elsewhere, very high youth unemployment rates for the most part reflect high overall unemployment. Youth, being on the margins of the labour market, tend to be the worst affected. A necessary condition for lower youth unemployment rates is therefore likely to be an increase in overall employment. In such a rising tide, however, youth may be the last boats to be lifted, just as they are the first to be stranded in the ebb. Given that the negative externalities of long-term unemployment are likely to be particularly acute for the young, youth-specific measures should be an important part of an employment strategy. Survey evidence suggests that the existing programme of learnerships, subsidised training with preferences for employees hired out of unemployment, has suffered from an excessive administrative burden. A broadened wage subsidy programme, possibly building on improved learnerships, should bear in mind the priority of keeping administrative demands light. Expanded job search assistance would also be worthwhile, with an upgrading of the public Job Centres and better linkages to other job-seeker databases. Sectoral minimum wages should be differentiated by age to make it easier for the young to break into the job market. Special extended probation periods for employees below a given age could also be considered.
Liberalising product market regulation is another initiative that would be expected to lead to better labour market outcomes, by reducing the rents available to be shared with labour market insiders at the cost of employment. The responsiveness of employment to the overall economic climate would also be enhanced by improved access to credit for small enterprises and the development of entrepreneurship in the African population, and further public resources could be devoted to these ends. Initiatives should be rigorously evaluated to avoid waste and ensure focus is placed on successful instruments.
In the long run, converging on OECD income levels will require a large increase in average productivity, i.e. in the economic and technical efficiency of production. Empirically, a strong relationship has been found between robust competition in product markets and the performance of firms in the critical areas of innovation, capital-deepening and corporate management. Competition also removes the allocative distortions caused by monopolistic market structures. However, product market regulation in South Africa is not conducive to robust competition. The OECD's Product Market Regulation indicator puts South Africa among the countries with the most restrictive regulation, and South Africa is found generally to have low levels of product market competition. Econometric work on a range of OECD and emerging economies suggests that lowering excessive South African barriers to entrepreneurship to the OECD average could translate into approximately a ½ per cent higher average annual rate of GDP per capita growth over the subsequent decade. Product market regulation, especially as regards barriers to entrepreneurship, should be made less restrictive in order to spur dynamism.
The global crisis turned what might otherwise have been a mild slowdown in South Africa into a recession. However, thanks to moderately countercyclical macroeconomic policies, and in the absence of a banking crisis, South Africa was only about averagely affected by the global downturn. Given the losses in employment that ensued, pushing up the already very high unemployment rate, the short-term priority is to get the economy growing strongly on a sustainable basis. Once a private-sector-led recovery takes hold, fiscal policy should be tightened and monetary policy will have to protect the credibility of the inflation target in the face of stubbornly high inflation expectations. Beyond the crisis and its aftermath, South Africa needs to improve its trend growth performance to meet the material and social aspirations of its people. Among the areas to focus on to that end, this chapter picks out improving framework conditions for business, higher savings, increasing the contribution of exports to growth and strengthening efforts to tackle climate change.
The statistical data for Israel are supplied by and under the responsibility of the relevant Israeli authorities. The use of such data by the OECD is without prejudice to the status of the Golan Heights, East Jerusalem and Israeli settlements in the West Bank under the terms of international law.
Like many other countries, South Africa was hard-hit by the global economic crisis, mainly through trade and financial channels. Although output growth was slowing from mid-2007 (year-on-year growth peaked in the first quarter of 2007), quarterly real GDP growth was positive up to and including the third quarter of 2008, when the international financial crisis intensified with the collapse of Lehman Brothers and the near-failure of AIG (Figure 1.1). The shock to international confidence had an immediate sharp effect on capital flows to emerging markets, as investors reassessed risks, and global trade flows collapsed. Portfolio inflows, which had accounted for the bulk of the financing of South Africa's large current account deficits in the years leading up to the crisis, quickly turned to large net outflows, although overall net private flows remained positive as South African banks ran down foreign assets (Figure 1.2). Export and import volumes both plummeted, while the prices of most of South Africa's main export commodities weakened, although this was outweighed by the effect of lower oil prices, resulting in an improvement of the terms of trade (Figure 1.3). The stock market, weakened directly by net outflows on the part of nonresidents and indirectly by the large corrections in equity prices elsewhere, had begun falling in May 2008 but saw sharp declines between September and November 2008, in line with equities in other emerging markets (Figure 1.4).
As a result, South Africa suffered its first recession since the early 1990s. Real GDP began falling in the fourth quarter of 2008 and declined for three quarters. Output declined by 1.8% in 2009, marking the first negative annual growth rate in the post-apartheid era. Moreover, the change in the growth rate of real GDP between 2008 and 2009 represented the largest single-year slowdown on record for South Africa, and was larger than in most advanced and emerging economies, though far from being the worst (Figure 1.5A).
The output decline was led by manufacturing and mining where the sudden drop in export demand was reflected in a sharp reduction in private investment and subsequently in falling employment (Figure 1.6). The latter put a drag on consumption, which was also pulled down by negative wealth effects from declines in house prices and the equity market (Figure 1.7). Several service sectors, notably wholesale and retail trade, also experienced large output and employment declines.
The South African economy has proven to be relatively resilient, however.
(Figure 1.5B). On a sectoral basis, the most important offset to the negative dynamics that took hold in manufacturing and mining was construction, which held up well through the recession (Figure 1.8A). This was primarily a function of public investment, in part linked to the 2010 World Cup and associated transport projects: despite sharp declines in private sector investment, gross fixed capital formation contributed positively to output throughout the recession. Inventories, net exports and consumption all made negative contributions (Figure 1.8B).
An important element of South Africa's resilience to the global economic crisis was that it did not experience a banking crisis. Despite the sharp swing from rapid economic growth into recession, and in particular the decline in house prices after a long mortgage lending boom, South Africa experienced no bank failures.
B. Contributions to GDP growth by expenditure banks. There were several reasons for this, including the banks' strong profitability, low level of NPLs and comfortable capital cushions going into the downturn (Figure 1.9); their lack of direct exposure to problem assets in the US and Europe; bankruptcy laws that favour creditors in recovering collateral for bad loans; and conservative approaches on the part of both the regulator and the banks themselves. In addition, the lending boom was already cooling before the intensification of the international crisis in September 2008, in part because of the coming into force of the National Credit Act, which tightened standards on lending to households (Box 1.1).2 1.
Note: Country groups show GDP-weighted averages of the respective variable.
Source: World Bank, Financial Development and Structure Database; IMF, Global Financial Stability Report; People's Bank of China; and OECD.
In late 2008 the government began discussing an anti-crisis strategy with social partners, and in February 2009 the Framework for South Africa's Response to the International Economic Crisis was endorsed at a special Presidential Economic Joint Working Group meeting, which included civil society representatives. It comprised a package of actions covering macroeconomic policies, industrial policies, support for employment, and social policies, all aimed at cushioning the economy and especially the most vulnerable households and sectors from harm caused by the international crisis. Notable among the measures were a training layoffs initiative, in which firms could get financial support if they sent staff for training instead of making them redundant, and a strengthening of the Expanded Public Works Programme, to cover a total of 4.5 million individuals over a 5-year period. Although quite comprehensive, the Framework was not always specific, which was no bad thing: it largely avoided concrete commitments to industrial policy initiatives, for example. South Africa's anti-crisis strategy was also unusual in that there was no need for measures taken by a number of other countries, such as emergency support for banks or the introduction or expansion of deposit insurance coverage.
Box 1.1. The National Credit Act of 2005 In 2004 the Department of Trade and Industry's Consumer Credit Law Reform published a policy framework for the consumer credit market. This framework was intended to develop a regulated and unified credit market, which would ensure protection for lowincome consumers. The report identified the following undesirable practices in the market: extreme interest rates, inflated credit prices, non-transparent credit life insurance, negative option selling, encouragement of reckless credit with payment preferences and debt collection, incomplete and incorrect consumer credit information, the lack of a rehabilitation mechanism for extreme cases of over-indebtedness, and inefficient and ineffective enforcement of consumer protection. According to the report, these practices adversely affected consumers, undermined their choices and did not encourage a competitive credit market. The stated purposes of the National Credit Act (NCA) are to promote a fair, transparent, competitive, sustainable, responsible, efficient, effective and accessible credit market and industry, and to protect consumers. This is especially important because many people were being taken advantage of and being charged phenomenally high prices due to their inadequate education about credit and consumer rights and their lack of understanding of credit instruments. The NCA also defines the rights of consumers with respect to credit markets: the right to apply for credit, protection against discrimination in respect of credit, the right to reasons for credit refusal, the right to information in an official language, the right to information in plain and understandable language, and the right to receive documents. The NCA provided legislation for the establishment of the National Credit Regulator and the National Credit Tribunal. These institutions were deemed necessary for the implementation and enforcement of the regulations, as well as the resolution of conflicts to ensure the legislation is working. The NCA is applicable to all credit providers and all credit transactions. The legislation directly affected credit-marketing practices. It set new regulations in place to minimise misleading, fraudulent and deceptive advertising. All costs involved with the product or service must be disclosed, so that an informed decision can be made by the consumer. Under the new legislation, negative option marketing is illegal too. A credit provider is neither able to harass a consumer to enter a credit agreement nor come to their place of residence or work to sell his product of service without a preliminary agreement. All financial charges must be quoted to consumers and these quotes are valid for five days. An important element of the NCA is its explicit focus on preventing consumers' overindebtedness and discouraging reckless credit extension by lenders, as well as establishing mechanisms for resolving over-indebtedness should it arise. Extensive affordability analysis has to be done by all credit providers in order to determine whether a consumer can service the debt. Debt counselling was established as a mechanism to determine if a consumer had been granted credit recklessly or if a consumer is over-indebted and needs their debts to be restructured in order to meet their obligations. If this is the case then the lender does not have the right to reclaim the outstanding balances owing to them. The NCA, adopted in 2005, became partly effective in June and September of 2006, with the limits to the cost of credit becoming effective only as of June 2007.
Macroeconomic policies from the onset of the crisis were countercyclical, although to a lesser extent than in many other countries. The consolidated government budget balance worsened by about 6 percentage points of GDP in 2009/10, due in roughly equal measure to a decline in the revenue-to-GDP ratio and a rise in expenditures to GDP. Most of that deterioration was cyclical, reflecting the emergence of a negative output gap and the operation of automatic stabilisers on the revenue side, but about 1.4 percentage points of GDP corresponded to a structural increase in expenditure.3 This was less a function of discretionary anti-crisis measures than the maintenance of pre-existing ambitious public sector investment plans (both on the part of the government and key state-owned enterprises, which were the recipients of government loans to that end) in the face of the economic slowdown and the attendant fall in revenues. Public consumption also supported output during the decline, again in part by "accident", as unexpectedly large public sector wage increases were granted in 2009 after a wave of strikes.
Interest rates were reduced by 500 basis points during the recession, but the easing of monetary policy was not aggressive by international standards. The South African Reserve Bank (SARB) began to ease in December 2008 as the effect of the decline in international food and energy prices began to feed through to the CPI, and as the first indications of the economic downturn emerged. Soon after the international crisis struck the Monetary Policy Committee (MPC) moved to monthly meetings, from once every two months, in order to be able to react promptly to developments, and between December 2008 and August 2009 there were four cuts of 100 basis points and two of 50 basis points. A further cut of 50 basis points was made in March 2010. In contrast to many OECD countries, however, where interest rates fell nearly to zero, the SARB's repo rate bottomed out at 6.5%, and no emergency actions, such as capital support for banks or quantitative easing to support lower interest rates, were judged to be needed given the absence of severe difficulties in the banking sector. Real interest rates were negative in South Africa in the first half of 2009, but actually less so than just before the crisis, and with the continued fall in inflation, by the second half of the year had turned substantially positive again, unlike real rates in most OECD member countries (Figure 1.10).
Figure 1.10.
The use of structural policies to respond to the crisis was also limited. The Framework for South Africa's Response to the International Economic Crisis emphasised the urgent need to use industrial and trade policy, preferential treatment of domestic firms in procurement, and rescue packages for crisis-affected sectors, but there has been little concrete action in these areas to date, which is welcome from the perspective of both economic efficiency and long-term growth. Some tariffs, mainly on clothing, were raised, and a small number of anti-dumping investigations were launched, but overall the trade policy stance did not become significantly less open. Corporate bail-outs were also not a major feature of the downturn. The state-owned Industrial Development Corporation (IDC) was empowered to lend ZAR 6 billion over two-years (equivalent to about 0.1% of GDP) to distressed enterprises in a number of sectors, but as of August 2009 only about 10% of that amount had been approved. The main action on the labour market side, a training layoffs scheme, suffered from low take-up, and thus did little to mitigate employment losses.
Although macroeconomic policies were supportive and the downturn was not particularly deep compared to the international average, it was nonetheless relatively prolonged, and a few countries (Australia, China, India, Indonesia, Israel, Poland) were much less affected, while a number of others (e.g. Korea, Brazil and Chile) suffered deeper downturns initially but then experienced faster rebounds, thus outperforming South Africa over the period since the beginning of the global economic crisis. The main reason for this is that South Africa was already moving into a cyclical downturn when the international crisis struck. What might have been a moderate growth slowdown in South Africa, as households worked down excessive debt loads via higher savings rates, was turned into a recession via the negative shock to external demand and financial conditions.
Growth has resumed, and has been strengthening. After three negative quarters, real GDP growth turned marginally positive (+0.2% quarter on quarter seasonally adjusted, not annualised) in the third quarter of 2009 and quickened to 0.8% in the fourth quarter, as private consumption growth turned positive after five quarters of contraction and the rate of inventory drawdown slowed. In the first quarter of 2010 growth picked up further to 1.1%. Government consumption contributed positively throughout 2009, while gross fixed capital formation declined in the fourth quarter for the third quarter in a row, though at a slower rate than in the previous two quarters. Export and import volumes both rebounded in the second half of the year, with exports beginning to recover earlier but import growth outpacing that of exports in the last quarter of the year. Although some sectors, such as manufacturing, have experienced a significant bounce back from the low point of the recession, others, including wholesale and retail trade, agriculture and fisheries, and finance and real estate, have lagged. Two important factors holding back the recovery appear to be credit growth and employment. With household debt levels remaining high and weakening labour market conditions, consumption has so far played less of a role in the recovery than in many other countries.
Most high frequency indicators suggest that momentum is building, although the evidence remains mixed. Notably, house prices have been rising since mid-2009, and the OECD Composite Leading Indicator has been signalling growing strength, although the Kagiso PMI has given back gains in recent months, suggesting that the recovery in manufacturing is stuttering (Figure 1.11). Many of the factors which have contributed to the turnaround so far are expected to remain favourable through the rest of 2010 and into 2011.
Source: OECD Composite Leading Indicators Database and Bureau of Economic Research. 1 2 http://dx.doi.org/10.
OECD, have been revising upwards their projections of global economic growth in 2010, and the prices of South Africa's export commodities have continued to surge (Figure 1.12). A further export price windfall should arise from the recent decision of market participants to shift from annual to quarterly iron ore pricing contracts, as current spot prices are far above the previous annual contract prices. The further cut in interest rates in March 2010 is also helpful for near term growth. Output growth is therefore expected to quicken over 2010-11 (Table 1.1).
Hamburg Institute for Economic Research, world market price, iron ore, scrap.
Table 1.1.
Private consumption 5.5 2.4 -3.1 2.3 5.
Government consumption 4.7 4.9 4.7 3.6 3.
Gross fixed investment 14.2 11.7 2.3 3.0 8.
Final domestic demand 6.9 4.6 -0.6 2.7 5.
Total domestic demand 6.4 3.3 -1.8 4.0 5.
Exports of goods and services 5.9 2.4 -19.5 8.9 6.
Imports of goods and services 9.0 1.4 -17.4 10.9 9.
Net exports1 -1.2 0.2 0.1 -0.9 -1.
Inflation 7.1 11.0 7.1 5.3 5.
Employment growth 0.4 1.8 -3.6 1.2 2.
Unemployment rate 22.3 22.9 24.0 24.5 24.
Current account balance (USD billion) -20.5 -20.1 -11.2 -17.6 -22.
Current account balance2 -7.2 -7.1 -4.0 -4.9 -5.
Consolidated government budget3 1.7 -1.0 -6.7 -6.1 -4.
Household net saving ratio -0.8 -0.8 -0.4 0.0 -0.
As a percentage of GDP. Data refer to fiscal years starting in April.
The downturn has shed new light on the cyclical component of growth in recent years. It is now clearer than it was before the crisis that a good part of the rapid growth experienced by South Africa from 2004 through mid-2008 was cyclical in nature. Even before the crisis, there were numerous signs that an unsustainable boom was underway, including surging consumption, widening current account deficits, and an extended house price boom. There was considerable uncertainty, however, about how much of the improved growth performance since the early 2000s represented a change in the trend and how much reflected cyclical or other temporary factors. Standard statistical filtering methods used for estimating trend growth rates are notoriously oversensitive to endpoints, so that when growth is strong, estimates of potential growth rise quickly (Box 1.2). The downturn has helped to define the latest economic cycle and thereby to clarify the cyclical component of the boom. The OECD Secretariat has estimated potential output based on the assumption of a Cobb-Douglas production function with statistically smoothed TFP growth and labour inputs. These estimates suggest that potential growth peaked at 4½ per cent in 2007 before slipping back to about 4%, owing to a decline in labour force participation rate and a slight slowing in trend TFP.
The crisis has probably resulted in a small permanent output loss, but the future potential growth rate should be little affected. In the wake of the 2008-09 crisis the authorities in many OECD countries revised down their estimates of near-term potential output (OECD, 2009). Furceri and Mourougane (2009) estimate that in OECD countries financial crises give rise to a permanent loss of output of 1½ to 2½ per cent on average, and as much as 4% in some cases.
output losses in crises is more open to question. The main channels for permanent effects are a reduction in the capital stock and higher structural unemployment and/or lower labour force participation. In South Africa's case, overall fixed capital formation continued to increase in 2009, despite a sharp reduction in private investment. At worst, therefore, South Africa probably experienced a modest temporary slowdown in the growth of the capital stock, and the increase in public sector investment mostly corresponds to additions to energy and transport infrastructure which address important bottlenecks and which should have a positive real rate of return. The most significant source of permanent output losses is therefore via lower labour inputs relative to the previous trend. Labour force participation and employment both fell significantly during 2009 and into early 2010, and long-term unemployment rates turned sharply upwards (Figure 1.14). Spells of long-term unemployment tends to be associated with an erosion of skills and impaired employability, and higher unemployment rates also lead to larger numbers of discouraged jobseekers. Loss of human capital arising from extended inactivity is reflected in lower TFP. OECD estimates suggest that the permanent loss of output associated with the crisis was small, less than 1%. As regards future growth rates, Haugh et al. (2009) find no systematic effects of financial crises on the potential growth rate in OECD countries.
One year and more.
industries, which can hurt innovation in the longer run. As noted above, such measures have so far been modest in South Africa, and no significant reduction in potential growth rates is foreseen. Indeed, they ought to rise somewhat in the medium term if structural and macroeconomic policies can be refined to better support growth.
The output gap, which exceeded 3% in the last quarter of 2009, is unlikely to be eliminated quickly. OECD projections suggest that the recovery in 2010 will not be sufficiently vigorous to narrow the output gap. Output growth during the first half of the year is seen as being somewhat above potential, boosted by the staging of the World Cup, before slowing somewhat in the second half.5 The output gap will only begin to shrink decisively when growth strengthens further, which is expected to happen in 2011, and output is unlikely to catch up with potential before 2012 (Figure 1.15). The key short-term task is therefore to consolidate the emergence from recession and put the economy on course for the fastest possible elimination of the output gap.
market is weakened. Slow growth would also delay the pickup in investment via accelerator effects. As a result of these effects on labour and capital inputs, a weak rebound from the 2008-09 recession would increase the negative impact on potential output and hinder progress on the reduction of poverty and unemployment.
The authorities should therefore beware of withdrawing policy support for domestic demand too early. The tame behaviour of core inflation, combined with the strength of the rand, the recession and hesitant recovery to date, suggests that the latest downward move in the SARB's policy rate (in March 2010) was well judged, and scope may yet remain for some further reduction of interest rates. Credit to the private sector and retail sales have been falling, even in nominal terms, while business confidence is still low (albeit rising) and there is as yet little sign of an improvement in the job market. Meanwhile, although global growth projections have been revised upwards in recent months, they continue to portray a tepid recovery. As to fiscal policy, public debt levels remain moderate at about 30% of GDP, and the current deficit (6.7% of GDP in fiscal year 2009/10) is not particularly high by international standards; withdrawal of fiscal stimulus should be modest at first.
In the short term a relapse into recession remains the greatest danger, even if the probability of such an event has fallen. As the recovery proceeds, however, other risks will take on greater prominence. In particular, fiscal policy will need to be tightened, both to safeguard the public balance sheet and to avoid aggravating macroeconomic imbalances. A progressive tightening is indeed implied by the 2010/11 Budget, which projects an improvement in the consolidated budget balance of 0.5 percentage points of GDP in the current year and a further 2.1 percentage points over the next two years. OECD estimates suggest that this will correspond to an adjustment of about 1% of GDP in cyclically adjusted terms this year and somewhat less than 1% in each of the following two years.
Although monetary policy does not look excessively loose, elevated inflation expectations require the central bank to keep policy rates higher than otherwise. Inflation expectations have so far been quite sticky downwards despite the large fall in inflation since mid-2008 and the emergence of a negative output gap. In the inflation expectations survey of the Bureau of Economic Research (BER) in the first quarter of 2010, business and labour respondents saw inflation as remaining around 7% from 2010 through 2012, with economic analysts having somewhat lower expectations. This follows an established pattern of expectations in general, and of business and labour respondents in particular, being apparently heavily backward-looking. In the BER quarterly surveys from 2000 through 2009, the average expected inflation rate for the year ahead was slightly negatively correlated (-0.06) with the actual outcome, while it was highly correlated (+0.80) with the trailing 4-quarter inflation rate. For the two-years-ahead period, the correlation was -0.63 with the actual outcome and +0.76 with the trailing inflation rate. This has been reflected in recent wage settlements that have been surprisingly strong considering the extent of labour market slack. According to the Andrew Levy survey, average settlements in 2009 were 9.3%, down only slightly from the level of 2008 (9.6%), even though actual inflation was lower and real GDP growth negative. Thus, although headline inflation appears tame given slack demand conditions and the easing of food price pressures, the downward rigidity of inflation expectations forces the SARB to be cautious as the economy picks up.
There is no convincing rationale for financial assistance or trade protection for particular industries on account of the economic downturn, and such measures as were introduced during the crisis should be unwound as soon as possible. As noted above, industrial and trade policy measures were central to the rhetoric of the crisis-response strategy, but fortunately little has been done to this end. The limited use of such levers is positive for long-term growth, and with the recession now receding, further use of such efficiency-reducing measures should be avoided.
The authorities should also seek to draw lessons from this crisis and reduce the probability of similar downturns in the future. The exit from recession is a good time to consider how to reduce the likelihood and extent of future downturns. One important avenue is to further improve macroeconomic management to make it more countercyclical possible ways of doing this are discussed in Chapter 2. Also, although South Africa did not have a banking crisis, that may have been partly fortuitous, reflecting the strong position of the financial sector after several years of strong profitability in the context of rapid economic growth. Prudential supervision in South Africa has broadly the same vulnerabilities as in advanced countries. It is therefore to the country's credit that it has been actively participating in international initiatives in banking regulation aimed at making lending less procyclical. Also, while the high level of concentration in the South African banking sector may have increased the stability of the system in this crisis, via the wide lending margins and high profits enjoyed by the big banks, there need not be a trade-off between competition and tight regulation, especially where supervisors are strong, as is the case in South Africa (see OECD, 2010, Chapter 6). In addition, apart from raising financing costs, South Africa's rather extreme levels of bank concentration may contribute to a too-big-to-fail problem which could ultimately be harmful to financial stability and fiscal sustainability.
Beyond ensuring recovery from the recession, South Africa faces many challenges. These are broadly interlinked by the need to make better use of South Africa's abundant resources, both physical and human, to accelerate the increase in living standards for the many.
South Africa's growth performance, though improving, has been mediocre. Per capita GDP grew by some 1.6% a year from 1994-2009, and by 2.2% over the decade 2000-09. This is respectable for an emerging economy, but far behind the growth leaders (Figure 1.16). Moreover, although trend growth does appear to have improved somewhat over the past 16 years, South Africa is unusual among emerging economies in having failed to achieve any convergence towards the OECD average of GDP per capita over that period (Figure 1.17).
Faster growth is needed to meet existing government growth targets. AsgiSA, the development strategy introduced in 2006, set out targets of 4½ per cent through 2009 and 6% over the period 2010-14. Although growth initially outperformed those parameters, it has been set back by the recession of 2008-09, and to catch up to the cumulative growth path underlying AsgiSA would now require average annual growth of about 7% (Figure 1.18).
substantial increase in that rate looks to be needed if the economy is to approach the prevailing official growth targets through 2014.
Faster growth is needed to meet social objectives. The AsgiSA growth targets were framed with a view to halving unemployment and poverty by 2014, which remain as official targets. The low rate of employment and the extreme level of inequality are considered by the government and most South Africans to be the most salient economic problems facing the country. As discussed further in Chapter 3, far too many young black South Africans cannot find work, and unemployment is the main factor in widespread poverty (Leibbrandt et al., 2010). Unemployment, poverty and inequality are also linked to other problems, such as crime, which have in turn hurt investment, and growth and thereby had negative feedback effects on employment. While progress toward the AsgiSA unemployment target was made during the cyclical upswing from 2004 through early 2008, that was undone by the crisis: the unemployment rate is now little changed from its 2004 levels. It is difficult to know how downturns affect unemployment rates in South Africa given the absence of recessions from 1993 to 2008 and the lack of consistent unemployment series. Other countries have, however, experienced increases in structural unemployment as a result of recessions (Blanchard and Summers, 1989; OECD, 2009). Moreover, even during the boom, when growth averaged more than 5% a year, the unemployment rate fell by only 4 percentage points over 4 years. This suggests that even faster growth will be needed to achieve a rapid reduction in unemployment.
Faster growth is needed to expand the freedoms enjoyed by South Africans. The unfreedoms (in the terminology of Amartya Sen) of joblessness, poverty, insecurity and poor education, linked in part to the failure to achieve faster economic growth, in too many cases negate the substantial civil and political liberties enjoyed in democratic South Africa. The expansion of social benefits, both via monetary grants and through initiatives such as free electrification of low-income communities, have had considerable positive effects, but there are limits to what can be done by redistribution. Already, South Africa has about three times as many recipients of social benefits as it has income tax-payers, an extremely high ratio by international standards.
The economic growth literature is vast and inconclusive. It is generally agreed that many things influence growth, but there is little consensus on what factors constitute necessary or sufficient conditions for sustained rapid growth. Recent empirical work on growth takeoffs and the study of the Commission on Growth and Development (henceforth Spence Commission) of successful growth experiences suggest that faster growth can sometimes be triggered by the relaxation of a small number of constraints. This was the rationale for the AsgiSA approach, and it remains valid, even if the specific AsgiSA targets for 2014 are now probably beyond reach.
The crisis and what it tells us about the pre-crisis boom point to some conclusions about South Africa's growth performance to date and how to improve it. It is clearer than before that between 2004 and 2008 South Africa experienced an unsustainable consumption boom driven in part by the interrelated phenomena of terms of trade gains and strong capital inflows (the product of excess international liquidity and euphoric sentiment towards emerging markets), while underlying improvements in total factor productivity growth were only moderate, reflecting in part policy weaknesses.
institutional framework that facilitates faster growth of total factor productivity, and reduced susceptibility to surges in capital flows, which are often linked to rises in commodity prices. The stubbornly high rate of unemployment even during the highgrowth pre-crisis period, and its rise since the onset of the recession, also suggest that growth should, at least for a time, be more labour-intensive. One aspect of this problem has been unrealistically low electricity prices, which by encouraging capital- and energyintensive industries like metal processing have also aggravated South Africa's large carbon footprint. Sustainable growth is likely to mean, inter alia, less energy- and carbon-intensive output.
Correspondingly, this chapter focuses on a few factors related to weaknesses that have been revealed by the descent into recession and the downgraded assessment of potential growth. These include low savings rates, the domestic demand-led bias to growth, the indifferent record of innovation and multifactor productivity growth, and the excessive energy- and carbon-intensiveness of economic activity, which compromises environmental sustainability. Some major issues linked to growth and other important objectives, such as health and education, are mentioned only briefly on this occasion.6 Future Economic Surveys will come back to these issues in depth. Likewise, South Africa's extreme levels of inequality, among the highest in the world, are not discussed in detail in here, but have been the subject of other recent OECD work (Leibbrandt et al., 2010) and will be revisited in future Economic Surveys. Inequality is tightly linked to labour market outcomes, which are the topic of Chapter 3.
The identified problems are interrelated, as are the proposed recommendations. For example, higher savings rates would help ease pressures for real appreciation of the rand and help reverse the domestic demand-led bias to growth. Higher relative prices for energy would not only reduce the carbon-intensiveness of South African GDP, but also help unwind the excessive capital-intensiveness of growth in past years. Strengthening innovation and productivity growth would be help improve South African's export performance.
While there is no single country that should be seen as a role model for South Africa in all areas, Chile's policy record may be instructive in some respects. If there is one country which stands out as having faced a broadly similar set of challenges in the past 20 years or so, with a somewhat greater degree of success, it may be new OECD member Chile. Like South Africa, Chile is a middle-income country with a commodity-dependent economy, which has come through a tricky political transition to democracy, has faced large swings in the terms of trade and has experienced surges in capital inflows and occasional sudden outflows. It has adopted an outward-oriented, open policy approach, but has not been averse to taking action to limit capital inflows when they have threatened to harm the economy. Macroeconomic policies have been exceptionally prudent, buttressed by fiscal rules, a commodity stabilisation fund and an inflation-targeting regime (though the last has not implied indifference to the real exchange rate). Product market regulation has been less restrictive than most other emerging markets and even a number of OECD economies. A number of the recommendations in this Survey go broadly in the direction of these policy orientations.
In the long run, converging on OECD income levels will require a large increase in average productivity, i.e. in the economic and technical efficiency of production.
policy can facilitate such an increase across a range of fronts. For example, the OECD's Innovation Policy Review of South Africa (OECD, 2007) made a number of suggestions for how to improve innovation performance, a critical contributor to long-run productivity growth, through improvements in such areas as tax incentives, public R&D expenditures, education, and immigration policy. Another crucial aspect of the issue is the competitive framework within which firms operate. Empirically, a strong relationship has been found between robust competition in product markets and the performance of firms in the critical areas of innovation, capital-deepening, and corporate management. Competition also removes the allocative distortions caused by monopolistic market structures. A lack of competitive pressure is often found to be reflected in weaker investment (Alesina et al., 2005), weaker efficiency gains (Nickell et al., 1997; Nicoletti and Scarpetta, 2003) and, at least over a range, weaker innovation (Aghion et al., 2005; Griffith et al., 2006). Strengthening competition is therefore a particularly promising means of achieving faster convergence in income levels.
Product market regulation in South Africa is not conducive to robust competition. In 2008 South Africa's scores on the OECD's Product Market Regulation (PMR) indicators were found on aggregate to be more restrictive than any OECD country except Poland. Compared to other non-OECD members, it was found to have more restrictive regulation than countries such as Chile or Brazil, but less than China, India or Russia. Among the five Enhanced Engagement countries, South Africa's overall PMR score was about average.7 The scores for the main sub-indicators - on state control, barriers to entrepreneurship, and barriers to trade and investment - were all well above the OECD average, while compared to other non-OECD countries, barriers to entrepreneurship stand out as the area in which South African regulation is relatively restrictive (Figure 1.19).
Based on a "simplified" PMR indicator.
In that context, it is not surprising that South Africa is also found to have low levels of product market competition.
highly concentrated throughout the period 1976-2001.
(e.g. Fedderke and Hill, 2007; Aghion et al., 2008), although in this area the evidence is more mixed: Edwards and Van de Winkel (2005) fail to find evidence of high mark-ups in manufacturing.
As noted in OECD (2008b), surveys of firms in South Africa confirm the finding that barriers to entrepreneurship are a particular problem. Complaints are particularly directed at regulatory compliance complexity (Strategic Business Partners, 2005; Rankin, 2006). This is consistent with the high scores registered in the disaggregated PMR indicators for simplification of rules and procedures and communication (where complexity of procedures appears to be the problem; communication is relatively good) and streamlining of procedures for getting licenses and permits.
Less restrictive product market regulation, especially as regards barriers to entrepreneurship, could boost growth significantly. Econometric work on OECD countries suggests that lower aggregate PMR scores are associated with stronger growth (Nicoletti and Scarpetta, 2005; Conway et al., 2006; Wölfl et al., 2009). Wölfl et al. find that when growth regressions are run on an enlarged sample of OECD and non-member countries, the effect of aggregate PMR scores is not statistically significant. At a disaggregated level, however, significant growth effects are found, specifically for the "barriers to entrepreneurship" sub-indicator, which appears to be driving most of the association between overall product market regulation and growth. The estimated coefficients suggest that an improvement of half an index point in the barriers to entrepreneurship subindicator, a bit less than the difference between the South African score on this subindicator and that of the average OECD country, would translate into approximately a 0.4-0.6% higher average annual rate of GDP per capita growth over the subsequent decade.
1.4 percentage points if these countries were characterised by regulatory environments corresponding to the average score of barriers to entrepreneurship across the least restrictive OECD countries.
Other OECD work suggests that PMR affects growth via an interaction with productivity catch-up (Arnold et al., 2009). Estimating the growth-enhancing effects of reducing PMR restrictiveness using this approach requires data on detailed sub-indicators that are not yet available for South Africa, but the results for OECD countries again suggest that the growth effects of less restrictive regulation could be substantial. For example, simulations indicate that middle-income countries like Poland and Hungary could achieve a cumulative increase in labour productivity of almost 20% over ten years if they were to move to the least restrictive levels of PMR prevailing in each area, and these countries have lower initial PMR scores than South Africa and are closer to the technological frontier, both of which suggest that the growth-enhancing effects should be greater for South Africa.
Greater product market competition would not only be expected to boost long-term growth rates, but would also be beneficial for employment outcomes and for the reduction of inequality.
with labour (to reduce the costs of strikes, turnover, and shirking). Real wages for employed workers are thus higher than otherwise, and total employment lower.
One aspect of product market regulation that is much debated in South Africa currently is the trade and foreign investment regime. Trade barriers were reduced substantially in the 1990s, and South Africa generally has low tariff and non-tariff barriers compared to other middle-income countries. Liberalisation of the trade regime has largely stalled in recent years, however, and proponents of a more active industrial policy would like to see South Africa selectively raise tariffs within WTO bound levels in order to increase protection for favoured industries. Indeed, some limited steps in that direction were taken during the crisis. Some OECD work suggests, however, that this would be misguided. Kowalski et al. (2009) find that trade liberalisation is favourable for total factor productivity growth in South Africa.
The relationship of domestic savings and the current account balance to economic growth is theoretically ambiguous. If savings matter, the most obvious mechanism is that they finance investment, although the extent to which investment is a driver of growth is itself a matter of debate. In the closed-economy Solow model, technological change is the primary determinant of long-run steady-state growth, and investment affects growth only in the transition to the steady state. There is no reason to believe that middle-income countries like South Africa are in a steady state, however; their capital-labour ratio should be rising through time, with the implication that capital accumulation does matter for growth. Also, endogenous growth theories often incorporate a role for physical and human capital in determining steady-state growth. While there is an empirical as well as a theoretical debate about the relative role of capital accumulation and TFP growth in determining growth performance, most studies (e.g. Bosworth and Collins, 2003; Mankiw et al., 1992) attribute a significant share of growth to capital accumulation.
It is not straightforward, however, that investment is constrained by domestic savings, or that domestic savings should be preferable to foreign savings from a growth perspective. Indeed, foreign direct investment in particular may also boost TFP growth via the transfer of know-how from more advanced economies. One possible theoretical rationale for why domestic savings may have a positive effect on growth has been advanced by Aghion et al. (2009a), who argue that growth in countries that are far from the international technology frontier derives mainly from catch-up to that frontier. Such catch-up is facilitated by inward investment, but that often requires co-operation between a foreign investor familiar with the frontier technology and a local entrepreneur who knows the local conditions in which the technology would be applied.
Empirically, there is certainly a strong correlation between domestic savings rates and growth performance (Houthakker, 1961; Modigliani, 1970; Carroll and Weil, 1994; Schmidt-Hebbel and Serven, 1999). In addition, Aizenmann, Pinto and Radziwill (2004) found that countries with higher self-financing ratios grew faster than those with lower ratios. This ties into the well known literature showing that, in most countries and periods, domestic savings and investment are highly correlated (Feldstein and Horioka, 1980; Taylor, 1996). Looking at cases of sustained strong growth, the Spence Commission (Spence et al., 2008) noted, "there is no case of a sustained high investment path not backed up by high domestic savings".
The savings-growth correlation does not prove that savings cause growth, and empirical evidence aimed at answering that question is inconclusive. Attempts to assess the direction of causality via Granger causality tests give no clear picture. For example, Schmidt-Hebbel et al. (1994) find that savings do not Granger-cause growth, and conclude that there is a complex rather than unidirectional relationship between the two variables. Carroll and Weil (1994) argue that growth actually Granger-causes savings, although Attanasio et al. (2000) take issue with this, finding that, depending on methodology, the relationship can be found to run either way. Aghion et al. (2009a) find evidence that for poor countries lagged savings is a significant explanatory variable for future growth, though not for rich countries. They argue that this is consistent with their hypothesis that domestic saving facilitates the transfer of frontier technology and thereby permits faster productivity catch-up.
Other recent work may offer an alternative explanation for how savings can have a positive effect on growth in developing countries. Prasad et al. (2007) find that for non-OECD countries current account deficits, instead of promoting growth by relaxing financing constraints, are associated with slower growth rates. Prasad et al. find further that this result, which emerges in cross-section, panel and time series regressions, appears to be driven by domestic savings rates: when the current account is replaced by savings, the former becomes insignificant and the coefficient on the latter is positive and significant. In addition, the authors report that countries which experience growth spurts generally experienced a positive shift in the current account balance prior to the growth spurt; both savings and investment rates rise, but savings rise by more. Higher domestic savings seem to reduce a reliance on foreign savings which can actually be harmful for growth performance in developing countries.
This result is consistent with other findings on the possible growth-reducing effects of surges of foreign capital (Reinhart and Reinhart, 2008; Rodrik, 2006; Hausmann et al., 2004). In a range of panel growth regressions conducted by Bosworth and Collins (1998), overall capital inflows were not found to be significantly related to growth, although FDI was. Reinhart and Reinhart (2008) note that one of the channels through which surges in capital inflows appear to cause harm is the induced procyclicality of fiscal policy during capital flow bonanzas. Governments, along with other economic agents, often fail to discern the temporary nature of the bonanza, and increase spending during the boom.
While, therefore, the exact relationship between domestic savings and growth remains a matter of debate, there are good reasons to believe that countries (especially developing countries) with strong growth performance have tended to have high savings rates, high (but lower) investment rates, and (therefore) current account surpluses and net capital outflows. The picture for South Africa is strikingly different. In the last decade South Africa has had large net private capital inflows, low savings and investment rates (Figure 1.20), and (despite a consumption boom from 2004-08) mediocre growth, particularly as regards the growth of export volumes (Figure 1.21). Eyraud (2009) finds that the low contribution of capital accumulation is the main difference between in South Africa's growth performance and that of faster-growing peers.
Moreover, apart from the link from savings to the current account and growth, there is also the question of external vulnerability. Dependence on flighty foreign capital increases the risk of instability.8 This risk was manifest in late 2008 when private capital inflows to emerging market economies largely dried up.
by the running down of foreign assets by domestic banks, which cushioned the effect on net capital flows, but the rand nevertheless plunged and stock and bond prices fell sharply. In the event, inflows to emerging markets resumed quickly, in part because of a recovery in appetite for risk generally, but also because the perceptions of risk as between advanced countries and emerging markets shifted in the light of the much worsened fiscal situation in many OECD economies. The reliance on foreign saving remains South Africa's main macroeconomic vulnerability, however.
All in all, while the evidence does not suggest that raising domestic savings automatically delivers faster growth, the strong association between the two, combined with the evidence on the potential harm of excessive reliance on foreign savings, probably warrants efforts to raise savings rates in South Africa in the medium-to long term. The next question is how to achieve such an increase.
One lever on which the government has direct influence is public savings.
Figure 1.21. Real exports per capita of goods and services savings, although not one-for-one (e.g. Bernheim, 1987, for advanced countries; and Ul Haque and Montiel, 1987, for developing countries; a recent update of evidence for OECD countries is provided by Röhn, 2010). This result is confirmed for South Africa by Tsikata (1998), and Jonsson and Teferra (2001). A higher cyclically adjusted fiscal balance on average would therefore be expected to raise national savings rates. In addition, the possible need to offset the effects of strong private capital inflows (e.g. asset price bubbles and consumption booms) should be taken into account when setting fiscal policy. In part, this may be a matter of accurately gauging cyclical revenue effects (including those driven by capital flow bonanzas) and ensuring that fiscal policy is sufficiently countercyclical. Ways of doing that are discussed further in Chapter 2. It may also, however, warrant a structural tightening of policy when inflows are strong, in order to lean against the induced reduction of domestic savings.
The other most obvious mechanism is institutional changes to encourage private savings. Empirical evidence is much weaker as to what policy measures reliably influence private savings. Of these, the most salient would be the introduction of compulsory pension saving. While individual country cases provide mixed evidence on the overall savings effect of introducing compulsory pension saving, Lopez Murphy and Musalem (2004), using a panel of 43 countries, find evidence that mandatory pension saving increases national saving. South Africa already has plans to introduce such a scheme. Apart from its role in the advancement of social aims, this reform is likely to be a useful contributor to raising national savings and reducing the reliance on private capital inflows. Another approach that appears promising is automatic enrolment, with workers wishing not to participate in employer pension schemes having to opt out. Microeconomic studies from the US (e.g. Madrian and Shea, 2001, Choi et al., 2001) suggest that compulsory enrolment can raise participation in employer pension schemes, although the extent to which it raises overall household saving is uncertain.
Thaler and Benartzi (2004), in which the default contribution rate is automatically raised over time.
Like saving, export performance is a feature for which the theoretical link to growth is controversial but which is found to be strongly positively related to economic growth in developing countries. The Spence report, for example, found that all the cases of sustained rapid growth identified by the Commission were export-led. Multi-country empirical studies finding a link between manufacturing or exporting and growth performance include Jones and Olken (2005), Johnson et al. (2007), and Rodrik (2006). These findings do not necessarily mean, however, that such success was necessarily the result of policies targeted at the export sector, and there remain questions as to whether there is a role for policy action to bring about export-led growth, and if so which instruments work best.
There are two broad reasons why market failures might result in inefficiently low levels of export-oriented activity. First, as some have proposed, such activity may convey positive externalities to a greater extent than other activities. Second, surges in private capital inflows may create temporary (but sometimes quite long-lasting) misalignment of the exchange rate that damages profitability of the export sector.
There is little agreement about the extent to which the first factor is relevant, either in South Africa or more generally in middle- and low-income countries. Moreover, there are doubts about the net benefits of many policies that subsidise specific export industries in order to address this perceived market failure. Subsidies can be provided to the wrong sectors or kept in place for too long, can benefit some export industries at the expense of others, tend to suppress competition, and may distract from other needed changes, such as improved education or regulation. Overall, the case for activist industrial policy is not strong, especially where it involves picking individual industries for support.
Support for the relevance of the second factor has been increasing, however, both for emerging market economies in general and for South Africa in particular. Thus, the Spence report notes that one valid purpose of exchange rate management in developing countries "is to prevent a surge of capital inflows (which may be transitory) from disrupting the profitability and growth of the export sectors". In a working paper for the Spence Commission, Eichengreen (2008) concludes that "the real exchange rate matters. Keeping it at competitive levels and avoiding excessive volatility are important for growth". Ostry et al. (2010) acknowledge that when a country's currency is overvalued, or roughly in equilibrium, a proactive response to a surge in capital inflows is required, given the negative consequences of overvaluation, and they argue that the use of capital controls is justified as part of the toolkit for managing inflows. Prasad et al. (2007) present evidence that for nonindustrial countries overvaluation of the domestic currency is associated with slower growth, while Hausmann et al. (2004) show that growth accelerations are generally preceded by reductions in overvaluation or a period of undervaluation. Prasad et al. also find evidence of asymmetry: overvaluation is more damaging to growth than undervaluation is favourable to it (although the latter is found to be positive for growth). The case, in developing economies, for using economic policy instruments to avoid or at least resist overvaluation appears quite strong.
Plausibly, this is just what South Africa has failed to do, and this appears to be one reason, especially in recent years, for its failure to generate strong export volume growth.9 1.
In real effective terms the rand exhibited a trend depreciation of about 5% a year from 1993 through 2002 (Figure 1.22). Over that period, the current account position was generally near balance, with small surpluses in some years and moderate deficits in others. From 2003 onward, however, the real effective exchange rate deviated sharply from that trend, rising to more than 30% above the previous trendline in early 2006 (Figure 1.23). This was associated with a consumption boom, (continued) poor export performance (Figure 1.21), a sharp rise in import growth and the emergence of a large current account deficit, which reached 7.1% of GDP in 2008 and which even in the recession year of 2009 averaged 4% of GDP. The 2009 IMF Article IV staff report (IMF, 2009) provides estimates of the degree of over- or undervaluation of the rand using three different approaches, finding anything up to 25% overvaluation when including the surge in public investment, and a maximum of 16% excluding that factor. The minimum estimate was 68%. The real effective exchange rate has moved up by about 10% since mid-2009, when those estimates were prepared.
Index 2000=100 Index 2000=100 1.
in real effective terms in March 2010, and there has been some further real appreciation of the rand occurred since March.
The emergence of overvaluation is linked to strong net private capital inflows in recent years. The break in the trend movement of the real effective exchange rate and the emergence of large current account deficits appear to have been driven by a surge of private capital inflows into South Africa and emerging markets more generally beginning in the early 2000s. With its liquid securities markets and good protection of property rights, South Africa is a popular proxy for emerging market economies generally, and especially the commodity-rich ones. The global financial crisis interjected a respite in the inflow of private capital, and during that interlude the rand weakened sharply, but the inflows quickly returned, and with them, the real appreciation. As of April 2010 the real effective exchange rate was at its highest level since the peak of early 2006.
As already noted, the issue of raising savings is closely related to that of reducing the net inflow of capital, i.e. lowering the current account deficit. Strong net capital inflows are associated with both consumption booms, which lower savings rates, and rapid real appreciation of the currency, which weakens export performance. Prasad et al. (2007) find that one of the factors associated with overvaluation in non-industrial countries is low savings.
South Africa's failure to avoid overvaluation and the empirical evidence on the importance of doing so suggest that a greater policy effort is warranted. No single policy is a panacea for managing private capital inflows and mitigating pressures for real appreciation, but a range of actions could play a useful role. To begin with, given the negative relationship between savings and overvaluation, as well as the apparently positive influence of savings on long-term growth discussed earlier, the options for raising saving also apply in this area. In particular, given that inflows often surge when commodity prices are high, it may be worthwhile to find ways of ensuring more adjustment of fiscal policy to commodity price cycles. Increasing the degree to which fiscal revenues respond to commodity price fluctuations, and ensuring that windfall revenues from higher prices are not spent, may be one promising avenue. This is discussed further in Chapter 2.
Foreign exchange intervention is a second area where macroeconomic policy could be more activist in resisting the tendency for the rand to become overvalued. The SARB has exhibited some tendency to buy foreign exchange when appreciation pressures are strong, but only to a weak degree. A stronger asymmetric intervention policy, accumulating reserves when net inflows are strong and allowing depreciation when they ebb, as long as this remains consistent with the primary goal of keeping inflation in the SARB's target range, could help avoid or mitigate overvaluation in the short- to medium term. One fear that is sometimes expressed in South Africa in relation to such a policy is the costs of sterilisation; the interest earned on international reserves will tend to be less than the interest paid on domestic securities issued to sterilise the monetary impact of foreign exchange intervention. Those costs are real (in the region of 0.02% of GDP a year for each USD 1 billion of intervention), but are likely to be exceeded by the economic costs of overvaluation. Moreover, South Africa's current level of reserves is relatively low by emerging market standards, leaving some room for growth on prudential grounds. Foreign exchange intervention could also be backed up by verbal intervention, giving stronger signals to markets about where the authorities see the exchange rate in relation to its equilibrium level.
Another policy instrument that could offset pressures for appreciation is the further liberalisation of capital outflows. Some exchange controls on residents remain, limiting their ability to invest abroad. Accelerated action to remove such controls, while keeping prudential regulations, would help offset net inflows, at least as a one-off measure. Finally, if other actions are insufficient to limit net inflows and keep the rand at a competitive level, consideration could be given to economic instruments to discourage such inflows, such as a tax or deposit requirement on short-term inflows.
South Africa's exchange rate is not only a function of domestic economic policies and fundamentals. In particular, it is likely that part of South Africa's relatively poor export performance in the past 15 years is attributable to the success of some other emerging market economies in pursuing export-led growth, in part via management of their exchange rates to keep their currencies undervalued. Notably, the rand has experienced a strong nominal and real appreciation vis-à-vis the renminbi (and more broadly the "renminbi bloc", which includes other emerging Asian nations that follow China's exchange rate policy closely) in the past 10 years, during which time South Africa's global export market share in volume terms fell sharply, while that of the renminbi bloc countries increased. To the extent that exchange rate policy adjustments on the part of these other countries are forthcoming, there would be correspondingly less need for South Africa to take action itself to resist overvaluation.
Preventing or leaning against nominal appreciation of the rand may be necessary for satisfactory growth and employment performance, but it is not sufficient. Without adequate wage restraint, for example, gains in competitiveness from a less appreciated currency would be quickly eroded by inflation differentials. Thus, an increased degree of management of the exchange rate to avoid overvaluation should be seen as part of a policy package that includes labour market reforms, which are discussed in Chapter 3.
Growth objectives should not be limited to a higher medium-term rate of increase of GDP per capita. Achieving faster output growth is essential to deliver badly needed increases in employment, reduce poverty, and expand the opportunities for South Africans to pursue the goals they value. It has always been recognised, however, that there are sources of welfare not included in the market value of output, and there has been a growing awareness of the need to move beyond GDP as a measure of wellbeing, as shown, for example, by the OECD's Global Project on the Measurement of Progress in Societies as well as the Report by the Commission on the Measurement of Economic Performance and Social Progress (Stiglitz-Sen-Fitoussi report; Stiglitz et al., 2009), which was supported by the OECD. Some of the aspects of welfare not captured by GDP, such as health, education, and personal security, tend to advance with per capita incomes, although that is not assured. With other aspects, including environmental conditions, the correlation with GDP is less obvious. In addition, even to the extent that GDP is an adequate proxy for wellbeing in a given period, focussing only on output would ultimately be self-defeating if sustainability is compromised. In particular, environmental conditions not only affect current well-being, but also whether prevailing levels of well-being can be sustained. Deterioration of the environment will entail a diversion of resources towards clean-up and adaptation, the implementation of cleaner technologies, etc., and could be destructive of physical and human capital. This sustainability point has assumed particular prominence with the emergence of the threat of climate change.
unexploited opportunities for growth by being in the forefront of the move towards improved energy efficiency and greater use of renewable energy sources.
Assessing overall sustainability is beset with difficulties. Environmental sustainability is a complex issue, with no consensus on what indicators should be used or even on the relevant concepts. There is no accepted methodology for aggregating measures of multidimensional environmental conditions into a composite indicator. Even for individual dimensions of environmental conditions, it may not be clear what the mapping from the current situation to welfare is. For example, there is uncertainty about exactly how additional CO2 emissions translate into climate change, or how near we are to a tipping point where such change becomes self-reinforcing via natural feedback mechanisms. Likewise, we don't know what technologies might emerge in the future for reducing atmospheric GHGs and therefore mitigating the harmful effects of current emissions.
Despite the difficulties, some statistical measures of environmental conditions do exist, and continue to be refined. First, there are a number of indicators proposed as alternatives to GDP as measures of welfare, such as the Index of Sustainable Welfare (ISEW)/Genuine Progress Indicator (GPI) and the Happy Planet Index (HPI), which include an environmental component. A related concept is the World Bank's Adjusted Net Saving, or Genuine Saving, which seeks to show to what extent a country adds to its wealth, i.e. its capacity to generate income, in a given period. This approach involves adjusting nominal savings by additions to human capital and degradation of the stock of natural resources. Negative Adjusted Net Saving indicates a decline in the economy's capacity to generate income, implying an unsustainable path. There are also overall scorecards of environmental conditions which have been calculated for a large number of countries. For instance, the Environmental Performance Index (EPI) combines 10 measures of ecosystem vitality and environmental health effects into a single aggregate score for 163 countries.
South Africa tends to score poorly on such broad indices, especially compared to countries with similar income levels. On the EPI measures, for example, despite relatively good performance in some areas, such as forestry, fisheries, and the effect of air pollution on humans, South Africa has lower scores than its middle-income peers on a range of indicators of emissions linked to industry and energy production. And South Africa's Adjusted Net Saving declined from the mid-1990s onward, falling to a negative level, again lower than most other middle-income countries (Figure 1.24). South Africa also does much worse (118 of 143 countries) on the HPI 2.0 welfare measure, though mainly because of low life expectancy and life satisfaction measures, ranking somewhat higher (67th) on ecological footprint.
Whatever the difficulties of constructing overall indicators of environmental sustainability, it is clear that South Africa is faced with a number of important environmental issues, including local air and water pollution, water management, and biodiversity. The issue of greenhouse gas (GHG) emissions is of particular urgency, and is singled out for further discussion here. This issue is certainly one where the usual problem of identifying the mapping of environmental degradation to welfare costs is acute, all the more so when considering action by a single country on what is a global problem.
Figure 1.24.
Note: Adjusted Net Saving including PM10 damage. Source: World Bank.
of timely and vigorous action to reduce GHG emissions, and global initiatives to define a post-Kyoto strategy are under way, so the issue is a particularly pressing one.
South Africa's GHG emissions are relatively high in absolute terms. According to data of the International Energy Agency, in 2007 South Africa was the 18th largest national emitter of CO2 from fuel combustion, just behind much larger economies like Brazil and France, and ahead of others like Spain and the Netherlands. In part this reflects the fact that South Africa is relatively populous, so that on a per capita basis its emissions are lower than most OECD countries (Figure 1.25A). Its industrial structure, however, gives it a level of CO2 emissions per unit of GDP that is among the highest in the world (Figure 1.25B).
In addition to the energy intensiveness of economic activity, the level of emissions per unit of energy production is also high. Both of these factors are in large part attributable to the intensive use of coal - South Africa is the most coal dependent economy in the world, with coal-driven power stations accounting for about 90% of electricity generation. The abundance of cheap local coal has enabled South Africa to enjoy low electricity prices and to attract energy-intensive industries such as aluminium smelting.
Emissions have risen since the early 1990s, though less rapidly than in most other emerging market economies (Figure 1.26). Like most countries, and especially the rapidly growing low- and middle-income economies, South Africa has experienced declining emissions intensity of GDP since 1990, but not an absolute decline in emissions.
South Africa is a laggard in terms of energy production from renewable resources. As of 2007, South Africa accounted for just 0.07% of global renewable electricity installed capacity, about a tenth of its share of the world's population. While part of this low figure is due to a less favourable endowment of hydroelectric potential than in many other countries, South Africa has been slow to develop new renewable sources, such as wind, solar, and wave power, where it has considerable potential.
Renewable Energy set a target of 1 667 MW for electricity production via renewables by 2013, but this has subsequently been revised down to 725 MW, and as of 2009 little progress had been made. While wind power generation has been growing globally by about 30% a year, South Africa still has only experimental wind farms accounting for a negligible share of total electricity generating capacity. Feasibility studies have been conducted as regards concentrated solar power electricity generation, but no capacity is yet in place. Small-scale solar water heating and photovoltaic electricity generation make very small contributions to meeting energy consumption needs. Preferential renewable energy feed-in tariffs came into effect only this year.
The government has recognised the need for action on reducing GHG emissions. Notably, in the run-up to the Copenhagen summit on climate change, South Africa made a (conditional) commitment to reducing GHG emissions by 34% by 2020 and 42% by 2025 1.
relative to a business-as-usual path. In the absence of a global agreement and financial assistance from richer countries, that commitment remains potential. Other firm commitments do exist, however. The government is developing a strategy to identify "green jobs" opportunities in energy, manufacturing and services, and a green jobs component has been included in the revised Industrial Policy Action Plan. A White Paper on the production of electricity from renewable resources was published in 2003, establishing a target of 10 000 MWh of renewable production by 2013. The government is now launching a review of that White Paper to establish new targets and a strategy beyond 2013. The 2013 target was criticised by environmental groups as timid, and in any case progress has been slow to date. Despite the range of initiatives now underway (Box 1.3), overall it is fair to characterise South Africa as a late-starter as regards measures to increase energy efficiency and reduce GHG emissions. In particular, there has as yet been no concrete action towards pricing carbon emissions in the economy via a carbon tax or cap-and-trade system, and South Africa has made relatively little use of green taxes generally.
Box 1.3.
2003 White Paper on the production of energy by renewables. Targets established for 2013.
2006 Treasury draft policy paper: A Framework for Considering Market-based Instruments to Support Envionmental Fiscal Reform in South Africa.
Introduction of electricity levy, 2008.
Eskom demand-side management programme to reduce electricity demand (from 2008).
Measures in 2010/11 Budget: Supplementary depreciation allowance for investments by companies in energy-efficient equipment; increased levy on plastic shopping bags (4 cents, increased from 3 cents in 2009); proposed increase in the international air passenger departure tax (which was last raised in 2005/06).
Preferential tariffs for electricity produced with wind, solar, landfill gas, biomass, or hydro, beginning in March 2010.
Planned second nuclear power station to come on line by 2020.
Building regulations revised to require the installation of energy efficiency equipment like solar water heaters and efficiency lighting in new buildings.
An energy efficiency measurement standard is being developed to support the tax rebate for energy efficiency recently incorporated into the Income Tax Act.
New standard (SANS204) prescribing maximum energy consumption standards.
Commitment by national government to support municipalities' efforts to upgrade the housing and building stock so as to prevent future negative impacts on climate change.
Planned Department of Energy (with donor support) industrial energy efficiency programme focusing on system optimization.
Installation of 1 million solar water heaters (target), beginning in March 2010.
New tax (to apply from September 2010) on vehicles varying by CO2 emissions.
The urgency of the global problem, South Africa's status as a relatively large emitter, and the slow progress to date all suggest that efforts should be accelerated. Of course, South Africa's share of global GHG emissions is tiny, so that its own efforts to limit emissions will have only a very small impact on the global outcome. But as a country with an outsize footprint, a leadership role among developing countries, and (to a greater extent than most other emerging economies) a long record of high emissions, there is a strong case for South Africa to take vigorous action to reduce its GHG emissions. South Africa's status as host of the 2011 United Nations Framework Convention on Climate Change Conference of the Parties meeting on climate change (COP 12) provides an additional reason to show leadership on this issue.
Beyond the direct objective of ensuring the sustainability of growth, there are additional rationales for some GHG emission mitigation efforts. One of these is fiscal consolidation. In general, green taxes should not be thought of as revenue-raising measures, but they can be easier to implement when there is a budgetary need for revenue. Given South Africa's substantial cyclically adjusted budget deficit (see Chapter 2), revenue considerations reinforce the environmental case for taxing emissions. Another rationale for vigorous action to increase energy efficiency and reduce GHG emissions is the reemergence of electricity supply constraints on growth. Since the January 2008 power crisis capacity has increased only marginally, and the slack provided by the economic downturn will be quickly eroded as growth resumes. Stepped-up action to make growth less energyintensive would complement efforts to expand capacity and thus help restore an adequate capacity margin. Also, action to mitigate climate change can have co-benefits on local air pollution. In a simulation of the effects of reducing global GHG concentrations through 2050, the OECD (2009b) found that GDP would be somewhat reduced relative to a business-as-usual scenario, but air pollution and premature mortality would fall, inducing substantial gains in life expectancy, so that welfare would be increased in almost all regions of the world. Similarly, Bollen et al. (2009) conclude that climate change mitigation would have substantial co-benefits via improvements in health outcomes. Moreover, neither of these two studies considers effects on morbidity, and neither takes into account the positive effects of improved health and environmental conditions on GDP per capita. As argued by Aghion et al. (2009b), such effects could be substantial. Given South Africa's heavy reliance on coal, which is intensive in emissions of pollutants such as SOx, NOx and particulates as well as GHGs, the co-benefits of emissions reduction would be relatively large. Finally, progress in this area would not necessarily be a drag on output growth in the near term either - indeed, there may be scope for unexploited efficiencies, especially if action is taken sufficiently early to allow for the impact of policies to be felt gradually.
Also, if South Africa takes the lead on renewables in Africa it may be able to exploit export opportunities as demand grows in the rest of the continent, especially in Southern Africa. As the most advanced country in Southern Africa, there is scope for South Africa to establish itself as the regional leader in technologies like solar energy, which might be exported elsewhere in the region. Potential job creation in such sectors is non-negligible, and could even more than compensate for falling employment in the traditional energy sector.
A price should be put on carbon emissions. As the National Treasury pointed out in its 2006 draft policy paper on Market Based Instruments to Support Environmental Reform in South Africa, economic instruments, such as taxes on emissions, are generally preferable to "command and control" regulation on efficiency grounds.
equalise marginal abatement costs across sectors (provided they apply to all relevant polluters) and thus ensure that any given targeted level of abatement is achieved most efficiently, as agents with the lowest abatement costs will contribute the most to the total reduction in emissions.11 In South Africa's case a carbon tax is likely the best way of putting a price on carbon emissions, as it is relatively simple and generates government revenue, contributing to fiscal consolidation.
The use of green taxes more generally could be stepped up. Whether or not a carbon tax is introduced, the use of other green taxes remains relatively low, and should probably be increased (Figure 1.27). In particular, South Africa has some of the lowest international prices for petrol, with lighter taxation than almost all OECD countries and most others (Figure 1.28).
One new tax targeted at CO2 emissions is being introduced this year. From September 2010 the vehicle tax will vary by emissions category, penalising cars with higher CO2 emissions. This is a positive step, but fuel taxes would be preferable, as with the vehicle tax the cost per kilogram of emissions is quite different for two owners of a given type of vehicle who drive widely varying distances.
Figure 1.27.
Electricity prices (exclusive of any taxes) should be raised to fully cover long-run costs. For a long time, beginning in the 1970s, South Africa had excess electricity generation capacity. As a result, prices were set at low levels, providing for normal rates of return, but only in the absence of building costs to install new capacity. Actually, subsidisation has gone beyond the non-coverage of capital costs, as Eskom has itself benefitted from coal prices, also established in long-term contracts, that were a small fraction of the international price (Table 1.2).12, 13 Also, preferential long-term contracts were agreed with some industrial customers, notably for aluminium smelters. The result of all these decisions was excessively low electricity prices, which encouraged overconsumption. Although electricity prices started rising in real terms in 2005, this relative price distortion only began to be significantly unwound in 2008, when in the wake of the power supply crisis in January of that year electricity tariffs were increased sharply. A further large step increase of 34% took place in 2009 and in early 2010 the regulator NERSA approved increases of 24.8%, 25.8% and 25.9% for 2010, 2011 and 2012 respectively. This would still leave South Africa with relatively inexpensive electricity (Figure 1.
Table 1.2.
Note: The survey is based on prices as of 1 June 2009 for the supply of 1 000 kW with 450 hours use.
US cents per kilowatt hour and exclude VAT.
Source: NUS Consulting Group, 2008-2009 International Electricity and Natural Gas Report and Cost Survey, June 2009.
price much closer to the OECD average. Part of the need for higher prices reflects the fact that the costs of building new capacity have risen sharply in recent years.
Preferential industrial pricing contracts for electricity should be renegotiated. In the wake of the power supply crisis of early 2008 and the global crisis of 2008-09, the case for renegotiating the long-term contracts for aluminium smelters built in the 1990s has been recognised by the government.14 In particular, the "embedded derivatives" that shift the risk of fluctuations in exchange rates and aluminium prices onto Eskom have come to be seen as problematic. These contracts account for about 5% of Eskom's output and thus have a significant effect on the capacity margin, while the global downturn hit aluminium prices and triggered large losses on the embedded derivatives, at a time when the finances of both Eskom and the government were stretched. The cancellation of a planned aluminium smelter by Rio Tinto in October 2009 may indicate a new realism about the wisdom of offering long-term electricity contracts at artificially low prices.
Making progress on reducing emissions will probably involve a shift away from coal.15 While the main policy instrument for facilitating such a shift is likely to be setting a sufficiently high price on carbon emissions, there may also be externalities associated with energy production from renewables that warrant complementing such price incentives with targets or other forms of support for such alternative sources of energy. Such externalities can arise from various forms of market failure: public goods, monitoring costs, asymmetric information, market incompleteness, and economies of scale, and these can in turn induce market failures in financial services and innovation. Since environmental externalities often take a long time to be felt, the environmental area tends to be particularly prone to such market failures. As a large country with a long coastline and tropical regions, South Africa has considerable scope for several "new" renewable energy sources: wind, wave, and solar. It is also already a (modest) producer of nuclear energy, and is planning a large new nuclear facility to enter into service in 2020. Of course, the likelihood of significant market failures has to be set against the danger of government failures, with a waste of public resources and/or a distortion of markets.
falling costs from economies of scale and learning by doing and technological advances. Some industry sources suggest that wind alone could account for some 30% of South Africa's electricity needs with little additional increase in tariffs over and above what is planned to cover Eskom's new (coal-fired) capacity.
Another area which is even more uncertain but which may have potential for South Africa is carbon capture and storage. Although South Africa's coal dependence should diminish over time, it will remain considerable for decades to come, offering an opportunity to be a major participant in global efforts to make coal burning cleaner and to benefit from such efforts, including via the Clean Development Mechanism. The IEA (2004) projected that carbon capture and storage would be a major contributor to GHG emission abatement over the period to 2050, although some aspects of the technology in this area remain unproven, and estimated costs for now are substantially higher than other forms of emissions abatement. A number of other countries have experimental operations under way, while South Africa has so far done very little. The government has committed itself to having an experimental carbon capture and storage project in operation by 2020, but the urgency of reducing emissions before that horizon may warrant efforts to accelerate that schedule.
The government should avoid providing industrial policy subsidies to energy- and carbon-intensive industries. The industrial policy priorities established by the authorities (the National Industrial Policy Framework of 2007 and the Industrial Policy Action Plan released in January 2010) are oriented towards energy-intensive sectors. Clearly, shifting the emphasis of industrial policy support is not easy, since established industries that have benefited from past subsidies constitute powerful sectoral lobbies.
Box 1.4.
Fiscal stimulus should be withdrawn gradually at first and scope for easing monetary policy should be used within the constraints of the inflation targets, in order to help the cyclical recovery take hold.
Further industrial and trade policy interventions based on the effects of the crisis on particular industries should be resisted, and the measures already taken unwound as quickly as possible.
South Africa should participate in and fully implement emerging international initiatives to strengthen banking regulation. Particular attention should be paid to addressing the too-big-to-fail problem.
Product market regulation should be made less restrictive, particularly as regards barriers to entrepreneurship. Regulation should be simplified and compliance eased.
The level and dispersion of import tariffs should be reduced further to encourage competition and long-term productivity growth.
Box 1.4. Summary of recommendations for emerging from the crisis and finding a new sustainable growth path (cont.
A tighter fiscal policy over the cycle should be achieved to raise public savings and contribute to an overall increase in the domestic savings rate.
Pension arrangements should be designed with a view to increasing private saving, in conjunction with other goals. Compulsory pension saving by employees is one promising way of doing this, while positive results might also be achieved via compulsory enrolment with an option to withdraw, particularly in combination with a "save more tomorrow" mechanism.
Fiscal policy should be tightened over the cycle (in line with the recommendation to improve public savings) and made countercyclical with respect to commodity prices and net private capital inflows in order to offset the associated waves of upward pressure on the exchange rate during upswings.
As long as the level of international reserves remains relatively low and most signs point to overvaluation of the currency, the SARB should allow for a faster accumulation of reserves when private capital inflows are strong and pressure for rand appreciation is high. Intervention in the foreign exchange market should be backed by verbal guidance to the market as to whether the real exchange rate appears to be misaligned.
Remaining restrictions on capital outflows should be removed and replaced by prudential regulation.
A carbon tax should be introduced.
Greater use should be made of other green taxes, such as fuel levies.
Care should be taken to avoid subsidising energy- and carbon-intensive industries via industrial policy initiatives.
Electricity prices should be allowed to rise further, in order to fully cover capital costs. Favourable pricing arrangements for large industrial users of electricity should be renegotiated.
Ambitious targets for the development of renewable sources of energy should be established and implemented.
Between 2000 and 2008 South Africa saw an average annual increase in real house prices of more than 10%, greater than that of any OECD country over the same period.
Arguably the National Credit Act actually boosted the growth of lending to households between 2005, when it was adopted, and 2007, when it came into force, as there was an incentive for banks to increase lending before the tighter standards began to apply.
Chapter 2 discusses in more detail the OECD's estimates of the cyclically adjusted budget balance and explains the methodology underpinning those estimates.
This analysis is based on the standard OECD measure of the real short-term interest rate, defined as the average nominal rate (here the rate on 3-month Treasury bills) in a given quarter deflated by the annualised quarter-on-quarter rate of increase of the private consumption deflator.
Most estimates of past major sporting events suggest a modest boost to GDP in the quarters immediately preceding and during the event.
most past hosts of such events, so that the proportionate effect may be somewhat larger. The general pattern suggests a relapse immediately after the event, with somewhat weaker growth in subsequent quarters.
(i.e. for FIFA and the national federations).
For a detailed assessment of South Africa's educational system, see OECD (2008a).
Chile is referred to as a non-OECD member in this context as the comparison is of PMR scores in 2008.
The risks to stability from running large current account deficits is analysed in Reinhart and Rogoff (2008).
Edwards and Golub (2004) find that South African exports are responsive to changes in the real exchange rate (as measured by relative unit labour costs).
Details of international HPI score rankings can be found at www.happyplanetindex.org/learn/ download-report.html.
There can also be a role for command and control measures, for example when technical or measurement problems make it difficult to monitor the emissions attributable to individual agents.
The low input price advantage for Eskom has actually been considerably greater than shown in Table 1.2, as the figures there reflect spot market prices and not the low long-term contract prices enjoyed by Eskom.
There is a further partial subsidisation of electricity consumption via the subsidized electrification of low-income households. This is, however, marginal in the context of South Africa's overall electricity usage, and has a clear social policy rationale. While ideally it would be better to achieve the social policy goal via market prices for electricity and transfers to poor households, there may be reasons why this is impractical.
In September 2009 the Public Enterprises Minister told a parliamentary committee that the longterm contracts with embedded derivatives would have to be renegotiated.
Use of coal in electricity production is also water-intensive, and South Africa is a water-stressed country, providing an additional reason to seek to reduce coal-dependence.
Aghion, P. et al. (2005), "Competition and Innovation: An Inverted-U Relationship", Quarterly Journal of Economics, Vol. 120:2, pp. 701-728, May.
Aghion, P. et al. (2009a), "When Does Domestic Saving Matter for Economic Growth", Harvard Business School Working Papers, 09-080?
Aghion, P. et al. (2006), "Exchange Rate Volatility and Productivity Growth: The Role of Financial Development", CEPR Discussion Papers, 5629.
Alesina, A. et al. (2005), "Regulation and Investment", Journal of the European Economic Association, Vol. 3, No. 4, pp. 791-825.
Arnold, J. et al. (2009), "Structural Reforms and the Benefits of the Enlarged EU Internal Market: Much Achieved and Much to Do", OECD Economics Department Working Papers, No. 694, OECD, Paris.
Attanasio, O., L. Picci, and A. Scorcu (2000), "Saving, Growth, and Investment: A Macroeconomic Analysis using a Panel of Countries", Review of Economics and Statistics, May, Vol. 82(2), pp. 182-211.
Bollen, J. et al. (2009), "Co-Benefits of Climate Change Mitigation Policies: Literature Review and New Results", OECD Economics Department Working Papers, No. 693, OECD, Paris.
Bosworth, B., and S. Collins (1999), "Capital Flows to Developing Economies: Implications for Saving and Investment", Brookings Papers on Economic Activity, No. 0(1), pp. 143-69.
Bosworth, B. and S. Collins (2003), "The Empirics of Growth: An Update", Brookings Papers on Economic Activity, No. 2, pp. 113-206.
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Edwards, L. and L. Golub (2004), "South Africa's International Cost Competitiveness and Productivity in Manufacturing", World Development, 32, 8: pp. 1323-1339.
Edwards, L. and T. van de Winkel (2005), "The Market Disciplining Effects of Trade Liberalisation and Regional Import Penetration on Manufacturing in South Africa", Trade and Industrial Policy Strategies Working Papers, No. 1/2005.
Eichengreen, B.(2008), "The Real Exchange Rate and Economic Growth", Commission on Growth and Development Working Papers, No. 4, World Bank, Washington, DC.
Fedderke, J. (2002), "The Structure of Growth in the South Africa Economy: Factor Accumulation and Total Factor Productivity Growth 1970-1997", South African Journal of Economics, 70(4).
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Houthakker, H. (1961), "An International Comparison of Personal Saving", Bulletin of the International Statistical Institute, 38 (1961), pp. 55-70.
IPCC (2007a), Summary for Policymakers, in Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, Solomon, S. et al. (eds.), Cambridge University Press, Cambridge, UK and New York, NJ.
IPCC, (2007b), Climate Change 2007: Impacts, Adaptation and Vulnerability. Contribution of Working Group II to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, M.L. Parry et al. (eds.), Cambridge University Press, Cambridge, UK.
Lopez Murphy, P. and A. Musalem (2004), "Pension Funds and National Saving", World Bank Policy Research Working Papers, No. 3410, World Bank, Washington DC.
Nickell, S. et al. (1997), "What Makes Firms Perform Well", European Economic Review, No. 41, pp. 783-796?
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South Africa's macroeconomic framework has served the economy well, but should be strengthened to make the economy more resilient to external shocks. Enhancing the credibility of the inflation target would provide the monetary authorities with more space for flexibility in the face of exogenous shocks. To ease the pressure on the exchange rate emanating from high commodity prices and sentiment-driven surges in capital inflows, the accumulation of foreign exchange reserves by the central bank should be more rapid, and the removal of remaining controls on capital outflows should be accelerated. Fiscal policy has been generally sound, but should be made tighter and more countercyclical during the economic upswings to prevent a structural deterioration of the fiscal balance and to create more room for manoeuvre during downturns. A fiscal rule that institutionally constrains discretionary fiscal policy may facilitate this task and ensure that the strong public commitment to address major social challenges, improve access to public services and promote long-term growth by investing in physical infrastructure and human capital can be sustained. In conjunction with a greater effort to identify and tax economic rents from natural resource extraction, consideration should be given to establishing a mechanism to manage commodity price windfalls.
South Africa has earned a good reputation for macroeconomic management since the mid-1990s. Monetary policy has become more transparent and predictable since the introduction of inflation targeting in February 2000, and the monetary policy framework has been supported by sound fiscal policy, beginning with the introduction of the Growth Employment and Redistribution (GEAR) programme in 1996. The government implemented a number of important fiscal initiatives, including comprehensive tax reform, a multi-year expenditure planning horizon and reprioritisation of government expenditure towards social spending. Fiscal prudence has been a cornerstone of the policy approach, resulting in the remarkable turnaround in the fiscal position from the high deficits of the early 1990s to the surpluses in the 2005/06 to 2007/08 fiscal years and a rapid decline in the public debt ratio and interest rate burden. Reflecting policy reforms to encourage greater integration with the world economy via trade and investment flows, and the credibility of macroeconomic policies, private capital inflows increased substantially, in particular from 2003.
The macroeconomic framework, while broadly successful, has faced several challenges over the last two years. Rising global food and energy prices up to mid-2008 and increases in regulated electricity prices triggered a prolonged overshooting of the inflation target at the time when the economy started to slow down. While the regime has proven to be flexible, taking into account output and employment in the short run while attempting to ensure that the inflation target is achieved over time, its credibility suffered and inflation expectations ratcheted up. The role of the exchange rate within the framework is another policy area where consensus has not been reached. High volatility of the domestic currency in nominal and real terms has been previously identified as a constraint on growth in AsgiSA, the government development strategy launched in 2006.1 Increased volatility of the terms and trade and capital flows over the last two years triggered an even higher volatility of nominal and real exchange rates. A persistent real appreciation trend and its negative impact on the tradables sector has become another area of concern, as discussed in Chapter 1. The lengthy appreciation episode before the crisis was driven by the improving terms of trade, but also by increasingly large capital inflows. It appears that the surge in capital inflows since 2003 has in part reflected investors' confidence in credible economic policies and supported domestic investment and development of domestic financial markets. But it also contributed to the emergence of various imbalances, such as the latest asset boom-bust cycle. After the period of instability in the fourth quarter of 2008, strong private capital inflows have resumed, as abundant global liquidity and exceptionally low interest rates in advanced economies renewed investors' interest in emerging countries offering higher returns. This led to an appreciation of the rand of about 30% in nominal effective terms over the period between February 2009 and May 2010.
This chapter discusses the challenges presented by these developments, and suggests improvements that would address these issues and make the economy more resilient to external shocks.
enhance the credibility of the inflation target. It also explores the options available to the monetary authorities to counteract volatility and persistent appreciation trends of the exchange rate and, more generally, the boom-bust cycles induced by the commodity boom or/and large capital flows. It argues that while monetary policy instruments can help deal with these problems, fiscal policy is likely to play the key role in addressing this issue and preventing overheating. Recent developments suggest that fiscal policy was not sufficiently counter-cyclical during the boom years and the government may have expanded irreversible entitlements against a misjudged level of structural revenue. In this connection, the chapter discusses the merits of various fiscal rules for South Africa.
The South African Reserve Bank (SARB) is one of the most advanced non-OECD central banks in the world, with a strong track record in conducting monetary policy and maintaining financial stability. Its independence, accountability and transparency are all commendable, although the issue of its private ownership has on occasion been an unwelcome distraction (Box 2.1).
Box 2.1. Ownership of the South African Reserve Bank South Africa is unusual, though not unique, in having private ownership of the central bank. A number of other central banks, including the (regional banks of the) US Federal Reserve, the Bank of Japan and the National Bank of Belgium, have private shareholders, though most are nonetheless majority state-owned: a Bank for International Settlements (BIS) review found only 4% having majority private ownership (BIS, 2009). South Africa, having only ever had private shareholders since its creation in 1921, is highly unusual, therefore. Where private shareholding of central banks is seen it is generally because the bank's public policy role was taken on by an already-existing institution that was wholly or partly privately owned, though South Africa is again atypical in this respect as the SARB was created specifically to undertake central banking functions (in particular, becoming the sole issuer of banknotes). In the large majority of cases, central banks are wholly publicly owned, which befits their public policy raison d'être. Unlike a private firm, a central bank is not and should not be concerned with maximising profits.
Since monetary policy issues and the economy affect the society as a whole, central banks worldwide are regarded as public entities that fulfil public interest roles. In practice, the pursuit of this role is not synonymous with the realisation of profits.
SARB is required to conduct its activities in the public interest only, without regard to profit maximisation.
Thus, in all cases where there remains a degree of private ownership of the central bank, including South Africa, the important policymaking powers are shielded from private shareholder influence. In the SARB's case, dividend payouts are fixed at a rate of 10% of profits, shareholders cannot remove directors or management, and any one shareholder is not permitted to own more than 0.5% of the shares outstanding. The President appoints the Governor and the Deputy Governors, and shareholders have no say in the day-to-day operations of the bank. The functions of the SARB are set out in legislation (the South African Reserve Bank Act of 1989) and its independence is entrenched in the Constitution.
Box 2.1. Ownership of the South African Reserve Bank (cont.) Nonetheless, despite the safeguards, private ownership can create problems for the smooth functioning of the central bank. South Africa is not alone in having seen legal challenges from "rogue" shareholders, which can both divert the central bank's time and resources and raise uncertainty about its role and motivation. Efforts have apparently been made by some SARB shareholders to circumvent the limits on individual shareholdings, and they have launched challenges via the courts and calls for extraordinary general meetings of the shareholders. The government has responded by introducing legislation to reinforce the restrictions on shareholders. Under the South African Reserve Bank Amendment Bill, the concepts of associates and close relatives would be introduced to prevent shareholders from forming voting blocks. Also, shareholders, which currently appoint 7 of the 14-member Board, would be able only to nominate 4 directors, which would be subject to review by a selection panel. The Board would be increased to 15, with eight members appointed by the President, and the powers of the Governor and management would be clarified to limit the Board's role to corporate governance. The Reserve Bank Amendment Bill is a sensible response to the problem of rogue shareholders seeking to undermine the independence of the SARB. Whether it will resolve all uncertainty created by the private ownership of the central bank is less clear. Public debate about monetary policy has sometimes become mixed up with the issue of the SARB's ownership, even though shareholders have in fact played no role in policy decisions. The main argument advanced for retaining private shareholders is that they provide community representation and participation in the oversight of the SARB, thereby enhancing its independence, transparency and accountability. It is unclear whether this is in fact the result, however: as in most advanced countries, these goals are primarily achieved by the central bank's legal mandate and the requirements placed on it to consult with government and report to parliament. The SARB also maintains a high degree of transparency through its website and publications, statements of the Governor and other senior officials, and via its outreach efforts. In this context, private shareholding of the SARB appears to be somewhat analogous to an appendix - a vestigial organ that usually does neither harm nor good but which can on occasion flare up and create problems.
exchange rate policy framework are inflation targeting (Box 2.2), a flexible exchange rate and partially liberalised capital flows, with substantially liberalised inflows but a relatively strict control over outflows.2 Behind this asymmetry are the fully liberalised regime of local purchases of assets by non-residents, who can freely invest and repatriate funds related to such purchases,3 and restrictions on foreign exchange transactions related to both inflows and outflows for South African resident corporations and individuals.
The transparency and predictability of monetary policy appear to have improved under inflation targeting. According to Dincer and Eichengreen (2009) who compiled an index of central banks' transparency for 100 countries from 1998 to 2006, based on the methodology developed by Eijffinger and Geraats (2006), South Africa's central bank transparency improved from a score of 4.5 in 1999 to 9 in 2001 (out of the maximum of fifteen).4 As of 2006, the SARB was among the fifteen most transparent central banks in the world, on a par with Australia and Poland.
Box 2.2.
The inflation targeting framework was introduced in February 2000. The legally independent South African Reserve Bank (SARB) adjusts the repurchase rate to achieve the inflation objective set by the government. The current target is for the headline CPI2 to be within the target range of 3 to 6% on a continuous basis. The policy rate decision is made by the Monetary Policy Committee (MPC) and reflects a consensus, or a majority view without a formal vote. The MPC usually holds six meetings per year. During 2009, the MPC exceptionally moved to monthly meetings, but in November 2009 decided to revert to the regular schedule. After each meeting, the MPC statement is released, but the minutes from the meeting are not published. The Monetary Policy Review is issued twice per year, providing a comprehensive assessment of the recent inflation developments and the inflation outlook. The Review contains the inflation forecast, and since May 2010 also the forecast for real GDP growth. The inflation forecast is based on a constant policy rate assumption over the projection horizon.
The SARB's mandate explicitly allows inflation to deviate temporarily from the target due to an adverse supply shock, such as an oil price shock, a drought, a natural disaster, or financial contagion affecting the currency. This is known as the "explanation clause" which states that if such a shock hits the economy, the SARB should inform the public of the nature of the shock, the anticipated impact on inflation, the monetary policy response to ensure that inflation returns to the target, and the time frame over which this will occur. The explanation clause provides a certain degree of flexibility to the regime. In the aftermath of the recession, the central bank's mandate was further clarified in February 2010 in a letter from the Minister of Finance to the SARB's Governor. The letter confirmed that monetary policy should be conducted in a consistent and transparent manner within a flexible inflation-targeting framework, focusing on a medium-term horizon. The time frame for the adjustment to the shock over which monetary policy has no control should be chosen with the aim of avoiding unnecessary instability in output and interest rates, and should be clearly communicated to the public. The letter also stated that the policy response should take into account factors that may hinder the attainment of balanced and sustainable growth and give rise to an unsustainable balance of payments position or unsustainable public and private debt burdens. Such factors include the source of the inflation shock, the size of the gap between actual and potential growth, credit extension and asset bubbles, employment and other labour market developments and the stability and competitiveness of the exchange rate.
Until February 2009, the targeted inflation measure was the CPIX (headline CPI excluding mortgage interest cost). In January 2009, the headline CPI was redefined reflecting changes in the treatment of owneroccupied housing cost from mortgage interest cost to the rental equivalence approach. In addition, the geographical coverage of the CPI was extended. In February 2009 the revised CPI became the new measure for targeted inflation, replacing the CPIX.
making process5 - suggests that the SARB's communication strategies are in line with the practices of major OECD central banks along most of these dimensions. The overall transparency index of 0.71 (out of a maximum of 1) achieved by the SARB in 2010 is slightly below the average for eleven OECD central banks for which assessment was done in 2009, and above those of the Federal Reserve and the European Central Bank.6 Aron and Muellbauer (2009) also find that interest rates have become more predictable, indicating that the policy reaction function is well understood by the markets.
After an initial period of instability related to the emerging market crisis in 2001 and a sharp depreciation of the rand, inflation moderated and fell within the target zone for the CPIX7 (Figure 2.1A). Inflation expectations of various economic agents converged (Figure 2.1B), and between September 2003 and March 2007, the targeted measure of inflation remained within the zone. Average inflation and inflation variability, as well as interest rates variability in the period from 2000 up to the second quarter of 2008 declined compared to the pre-targeting period (Kahn, 2008). However, the regime came under stress when the adverse shock related to sharply increasing international prices for food and energy that began in 2006 and peaked in mid-2008 fed through to domestic prices.
The optimal response of an inflation-targeting central bank to developments that are exogenous to the framework, such as international prices for food and energy, or administratively regulated prices, is a challenging policy dilemma. Stiglitz (2010) argued that the fundamental issue with an inflation-targeting framework is that it requires interest rates to be raised as a response to inflation exceeding the target level regardless of the source of price growth; for him, if inflation is imported, raising domestic interest rates is not the right response. In fact, inflation targeting can and should differentiate between the sources of price growth. One approach is to target core inflation; however, the choice of the operational target involves a trade-off between transparency and controllability. In particular in emerging markets, where food and energy constitute a large part of consumption basket, a divergence between headline and core inflation would result in a loss of transparency and credibility of the central bank. The second-round effects can also push up core inflation. Another way is a flexible targeting of headline inflation, allowing inflation to be outside the target band due to the first-round effects of a supply shock.
This sort of flexibility is explicitly provided for in the SARB's mandate (Box 2.2) and was reflected in its response to rising inflation in the 2007-08 period. The rise in policy rates in the period between May 2007 and April 2008, from 9 to 12% (Figure 2.1D), was less steep than warranted by inflation developments alone (Aron and Muellbauer, 2009). As a result, inflation remained outside the target band for 30 consecutive months. This was a challenging dilemma for the SARB. On the one hand, rising headline inflation affected inflation expectations that ratcheted upwards despite the tightening cycle (Figure 2.1B and C). This suggests that the credibility of the central bank suffered. At the same time, the SARB was criticised for an inappropriate tightening in response to inflationary developments that were outside of its control and, more generally, for not paying attention to growth and employment objectives.
Enhancing the credibility of the inflation target is crucial for the success of the framework. Not only is the anchoring of expectations the main precondition for the stability of inflation outcomes, but greater credibility would also provide the SARB with more freedom to implement a flexible approach to inflation targeting in the future. A high degree of transparency and convincing monetary policy reports are considered to be indispensable for establishing and maintaining credibility (Svensson, 2010). Empirical evidence suggests that higher transparency is an integral part of monetary frameworks that are associated with better anchored inflation expectations and more stable inflation outcomes (Minegishi and Cournède, 2009).
Figure 2.1.
13 Government bond yields(5-10 years) 13 an 04 an 05 an 06 an 07 an 08 an 09 an 10 2.
announcement and explanation of the policy changes in the Monetary Policy Committee statements and publication of the central bank's forward-looking assessment of the economy, including inflation and output forecasts (Box 2.2). At the same time, the SARB provides less guidance regarding future policy inclinations, assuming a constant-rate interest rate path over the projection horizon in its inflation forecast. This assumption can be unrealistic and lead to biased forecasts (Svensson, 2010). Relaxing this assumption would allow the central bank to decide on and communicate to the public the optimal inflation path, instead of limiting this path with a single possible outlook for inflation, once a policy rate decision has been made. The practice of deciding on and publishing the optimal policy rate path was pioneered by the Reserve Bank of New Zealand and has been adopted by several other central banks, including those of Norway and Sweden. While there is a concern that a non-constant rate forecast published by a central bank may be misinterpreted by the private sector as a commitment, rather than a forecast subject to uncertainty, evidence suggests that in all three countries, the private sector has understood well the conditional nature of the forecast (Svensson, 2009). To further increase transparency and signal commitment to price stability over the longer term, the SARB should consider moving in the direction of announcing a policy rate path consistent with the inflation objective. At a first stage, this might involve merely signalling the foreseen direction of policy rates. Ultimately, the SARB could begin to publish a projected path in the Monetary Policy Review.
Additional efforts are warranted to ensure that the social partners use the inflation target as guidance for wage and price setting. Empirical results suggest that wage settlements are the major source of inflation inertia in South Africa (Aron and Muellbauer, 2009). A closer look at the composition of expectations reveals that financial analysts had a greater trust in the SARB's ability to combat inflation (Figure 2.1, Panel B). Break-even inflation rates on inflation-indexed bonds indicate that between February and November 2008, financial markets expected average inflation over the five-year horizon to be outside the target band, but with the onset of the recession, expectations fell within the target zone (Figure 2.1C).8 By contrast, the trade unions' expectations remained elevated and in fact backward-looking (see Chapter 1): even with the onset of the recession, trade unions did not expect inflation to subside. Communication is important as well, and the outreach initiative introduced by the SARB in December 2009 that aims at improving the central bank's interaction with various stakeholders is a useful step in that direction. At the same time, more needs to be done to influence expectations more directly. More centralised wage co-ordination, with the participation of the government, which would put more emphasis on future inflation developments, might be helpful in this regard. This is discussed further in Chapter 3.
Some experts have argued that the target band needs to be widened to accommodate the shocks from imported inflation, e.g. Garrow (2008). The majority of central banks in advanced economies formulate their inflation objective around 2%. Taking into account that emerging market central banks should aim for somewhat higher inflation rates than advanced countries due to Balassa-Samuelson effects, possibly 1-2% higher (Amato and Gerlach, 2002), an upper bound of 6% seems on the high end and in fact is one of the highest upper bound targets among all inflation-targeting countries, including emerging economies. The benefits of moving towards the higher upper bound are hard to justify for South Africa, while the loss of credibility is a real risk. The target band of 3-6% for consumer price inflation is appropriate and should be maintained.
Flexible exchange rate arrangements are appropriate for South Africa...
A flexible exchange rate is a prerequisite for successful inflation targeting as the central bank cannot credibly commit to a second objective under an inflationtargeting framework. A flexible exchange rate also works as a shock absorber, in particular for a country like South Africa which is frequently exposed to large terms-of-trade shocks. In addition, the negative impact of currency fluctuations on balance sheets, arguably one of the key reasons for currency management, is less pronounced in South Africa due to the relatively low levels of foreign-currency denominated debt and dollarisation of domestic contracts compared to other emerging markets. More than 40% of external debt is denominated in rand (Figure 2.2), and the level of dollarisation is extremely low at 2.6%.
Figure 2.2.
Source: World Bank, Quarterly External Debt Statistics Database, WDI Database and Central Bank of Russia.
While the exchange rate cannot be the main policy objective under inflation targeting, paying attention to exchange rate developments is warranted, as it remains one of the key macroeconomic variables in South Africa. First and foremost, exchange rate movements have a direct effect on domestic prices (the so-called exchange rate pass-through). Empirical estimates suggest that the exchange rate is a significant determinant of inflation in South Africa. This implies that currency volatility is translated into volatility of domestic inflation. Mihaljek and Klau (2008) estimate the pass-through coefficient to domestic prices of final goods at around 8%, similar to the SARB's own estimates. Karoro et al. (2009) find that the pass-through of the exchange rate on import prices is relatively high. Examining the pass-through effects at a disaggregated level, Parsley (2010) estimates the pass-through coefficient to import prices at around 60%, but reports a relatively low passthrough to prices of final goods. There is also evidence that the pass-through is asymmetric, i.e. that currency depreciation has a larger effect on domestic prices than appreciation.10 This implies that downward exchange rate movements can generate a series of price hikes that are not offset when the currency bounces back. This may be linked to competition-hampering business regulation.11 2.
Another channel through which the exchange rate affects economic developments is its impact on relative price competitiveness of domestic goods. A large real appreciation will have a detrimental effect on the tradables sector and export performance, which may endure even if the appreciating trend is reversed. In particular, episodes of prolonged misalignment of the exchange rate linked to large sentiment-driven capital inflows warrant a policy response. The pre-crisis episode of rapid appreciation reflected the rising terms of trade, but also to a significant extent large capital inflows, which were in turn linked to the commodity boom (Frankel et al., 2008). It is notoriously difficult to estimate long-term equilibrium commodity prices, but it is likely that the levels observed prior to the crisis represented deviations from equilibrium.12 It is even more obvious that appreciation induced by capital inflows did not reflect fundamental changes in relative prices, and thus led to a misalignment relative to the fundamentals. While misalignment of the real exchange rate is usually associated with pegs, evidence shows that flexible exchange rates are also prone to overshooting, and a trend nominal appreciation can persist for lengthy periods (Ho and McCauley, 2003; Hannoun, 2007).13 Moreover, appreciation episodes are often associated with high-yielding currencies, such as the rand.14 In the current environment of abundant liquidity internationally and exceptionally low interest rates in advanced economies, large interest rate differentials have resulted in a renewed wave of capital inflows to South Africa.
Currency volatility was identified by the South African authorities as one of the constraints on growth in AsgiSA in 2006. South Africa's nominal exchange rate volatility is among the highest of all commodity exporters and emerging markets (Figure 2.3). As noted before, to the extent that exchange rates reflect the changes in relative prices linked to fundamentals, their movement helps the economy adjust to the shocks. However, excessive volatility may diminish the role of the exchange rates as shock absorbers, and become a source of vulnerability itself.
There is scope within the inflation-targeting framework to counteract unsustainable real appreciating trends and reduce volatility of the exchange rate.
Figure 2.3. Nominal and real effective exchange rate variability, Jan. 1999-Jan.
inflation differentials between the country and its trading partners, which is one of the factors behind real appreciation. Lower inflation rates would also translate into lower nominal interest rates, discouraging the carry trade. To respond to the pressures on the nominal exchange rate, once inflation is under control, one option would be to include the exchange rate in the policy response function. While this is conceptually legitimate (Edwards, 2007), it is usually difficult to judge the effects of monetary policy on the exchange rate. For example, traditionally, decreasing the policy rate is associated with depreciation, as interest rate differentials become smaller, discouraging capital inflows. However, as a large share of portfolio flows in South Africa goes to equities, to the extent that falling real interest rates are perceived as good for growth, this can boost capital inflows. While it is likely that with large interest rate differentials the traditional effect will dominate, the effect of changes in the policy rate is ambiguous.
Reserve accumulation and sterilised intervention, at least in the short term, can mitigate the pressures on the exchange rate, while domestic objectives can be controlled with the policy rate (Blanchard et al., 2010). The SARB has already tended to accumulate reserves when appreciation pressures have been strongest, while refraining from intervening to resist depreciation. Nonetheless, a somewhat more active intervention policy providing for a more rapid accumulation of reserves when net inflows are strong and allowing depreciation when they ebb, as long as this remains consistent with the primary goal of keeping inflation in the SARB's target range, could do more to avoid or mitigate overvaluation. The central bank's international reserves, while increasing gradually, have remained relatively low by international standards (IMF, 2009a), and there is scope for increasing reserve holdings on prudential grounds. The purchases will need to be sterilised, and there are costs associated with this sterilization, but they may be small compared to the economic costs of overvaluation. Foreign exchange intervention should be used more actively within the constraints of the inflation-targeting regime to mitigate or avoid rand overvaluation. In current circumstances, with a strong rand and still relatively low reserves, the accumulation of reserves should be more rapid when net inflows are strong, while depreciation should be allowed when they ebb.
The elimination of remaining controls on outward investment by South African residents would also bring benefits. The asymmetric liberalization of capital flows, with no restrictions on flows related to purchases of local assets by non-residents, but various controls over foreign exchange transactions of South African resident corporations and individuals, has created an environment in which foreign investors' sentiment plays a disproportionate role in foreign exchange developments. While exchange controls do not exclude residents from participation in the foreign exchange market, they create obstacles for efficient portfolio allocation, and discourage many potential participants. South Africa has taken steps to liberalise controls on capital outflows by residents, but they remain significant.16 Removal of such controls would deepen foreign exchange markets and make them less dependent on the attitude of foreign investors towards South Africa, while eliminating the associated administrative costs. In particular, liberalising outward investment by residents would put downward pressure on the rand. To the extent that the resulting foreign exposure poses a risk, prudential regulations should be used. Removal of exchange controls on residents should be accelerated, with prudential norms replacing such controls to ensure adequate risk management.
reached, the option of temporary use of market-based measures to discourage capital inflows ("speed-bumps"), such as unremunerated deposit requirements or taxes on some capital inflows, may need to be considered. The empirical literature is inconclusive on the effectiveness of such measures, although there is some evidence that capital controls on inflows can make monetary policy more independent, alter the composition of capital flows, and reduce real exchange rate pressures, even though the evidence here is more controversial (Magud and Reinhart, 2006). There are non-negligible administrative costs, as well as costs in terms of distorted prices and damage to the country's reputation for openness (although the latter can be mitigated by other actions to liberalise trade and foreign direct investment, and the previously discussed lifting of exchange controls on residents' outward investment, which are worthwhile in their own right). Such costs should be weighed against the growth costs of overvaluation, exchange rate volatility and boom-bust cycles.
The fiscal situation improved markedly between the mid-1990s and early 2000s, with a decline in budget deficits from the high levels of the early 1990s (Figure 2.4) and a reduction in public debt and the interest rate burden (Figure 2.5). This notable progress was based on the successful implementation of several important fiscal initiatives. Revenue collection was strengthened through tax reforms that broadened the tax base and increased effective tax rates, while reducing marginal rates and improving tax administration and compliance. Nevertheless, the extreme inequality of income and wealth distribution means that only every third employee is registered as an income taxpayer.17 A reprioritisation of government expenditure towards social services went in parallel with radically improved fiscal discipline, with the share of expenditure in GDP decreasing slowly but steadily. The predictability and transparency of the budgetary process have increased with the adoption of the Medium-Term Expenditure Framework (MTEF), which outlines multi-year expenditure targets and spending priorities.
Figure 2.4.
Note: Consolidated budget, fiscal years (1 April-31 March).
Note: Fiscal years (1 April-31 March).
Gross debt of the national government, end of period.
The boom years brought further improvements in the headline fiscal position...
The improvements in the headline fiscal position accelerated during the boom phase of the latest cyclical upturn (Figure 2.4). The consolidated government budget19 turned to a surplus in FY 2005/06 and continued to register growing surpluses over three consecutive fiscal years. This mainly reflected a surge in revenues that received a major boost from the acceleration of growth in 2004. Between FY 2004/05 and FY 2007/08, consolidated government revenues increased by 2.6 percentage points of GDP, more than during the previous decade (Figure 2.6). The downward trend in expenditure was reversed in FY 2003/2004, and consolidated government outlays stabilised in relation to GDP.
Tax buoyancy has proved to be transitory. Growth in government revenues decelerated sharply as the economy slowed down and turned negative with the onset of recession. As revenues were falling faster than the economy, the fiscal gains of the boom years were quickly lost and the share of revenue in GDP returned to the level of 2004 (Figure 2.4).
Consolidated budget, fiscal years (1 April-31 March).
Government spending plans ratcheted upwards just as the cycle was peaking. The 2008 Budget proposals pushed up expenditure over the three-year horizon compared to the plans outlined in the MTEF by 116 billion rand (around 6% of 2007 GDP). Spending plans were again revised upwards later in 2008, when the economy began to slow down, with an increase of 1.1% GDP for 2008 and an additional allocation of about 170 billion rand over the 2009-11 fiscal years (7.4% of 2008 GDP) compared to the previously announced targets. As the crisis hit, the government decided to proceed with the spending plan for 2009, despite the deteriorating revenue environment, and slightly expand planned expenditure for FY 2010/11. In FY 2009/10, the share of consolidated government expenditure in GDP surged to a historical high over 34% GDP. Spending increased across the board, with the shares of current and capital expenditure and transfers to households all rising relative to GDP. The wage bill surged in FY 2008/09 and, somewhat surprisingly, in FY 2009/10, as employment and salaries in the public sector increased. Capital spending also increased strongly, reflecting investment in infrastructure, including social infrastructure like schools and hospitals. The overall picture is one of an upward drift in public spending at just the time when revenues were being hit by the downturn.
In parallel to increased general government investment in recent years, major capital expenditure programmes are being implemented on the part of some public enterprises, especially Eskom, the electricity supplier, and the transport conglomerate Transnet.20 Public-sector infrastructure expenditure increased from 4.6% in FY 2006/07 to 8.5% of GDP in FY 2008/09, with public enterprises accounting for the largest share of this growth (Figure 2.7). Eskom's and Transnet's five-year capital spending programmes over the FY 2009/10 to FY 2013/14 period, amounting respectively to 342 billion rand (15% of 2008 GDP) and 80 billion rand, were similarly approved before the onset of the crisis and have not been adjusted downwards despite the much more challenging financing environment. Moreover, Eskom's capital spending plans escalated and currently amount to 460.2 billion rand. For the public sector as a whole, current plans envisage annual infrastructure spending exceeding 9% of GDP (Figure 2.7), which is high relative to other countries.
The headline budget balance swung to a deficit in FY 2008/09 and deteriorated significantly in FY 2009/10.
Figure 2.7.
balance worsened by about 8.5 percentage points of GDP, with the largest part coming from increased expenditure. The public sector borrowing requirement, which takes into account the financing needs of state-owned enterprises, amounted to about 11% of GDP in FY 2009/10.
The movements in the headline budget position over the latest boom-recession cycle have reflected the effects of automatic stabilisers as well as of discretionary policy measures. The decomposition of the budget balance into a cyclical component (i.e. related to the deviation of various factors from the level consistent with potential output) and a structural component helps assess the magnitude of automatic stabilisers and the degree of countercyclicality of discretionary fiscal policy actions, as well as sustainability of the fiscal position.
Fiscal developments during the latest boom-recession cycle indicate high sensitivity of the budget balance to the cycle. The standard OECD methodology estimates the cyclical component of the budget position with respect to the output gap (Girouard and André, 2008). Structural revenues and spending are defined as those that would have been collected and spent if output had been at its potential level that year, and the difference between actual and structural measures is called cyclical. Changes in the fiscal balance due to the cycle are referred to as automatic stabilisation. Estimates show that the cyclical component amounted to about 2-2.8% of GDP annually during 2006-08. In practice, the cyclical component of spending is minor, reflecting the small size of unemployment benefits. Thus, in South Africa, automatic stabilisation takes place almost exclusively on the revenue side.
Beyond the impact of the traditional business cycle, revenue performance may have been affected by other temporary factors, in particular, exceptionally high global commodity prices during the latest boom. One way to address this issue is to separate commodity revenues from the budget and adjust the "non-commodity balance" to the cycle, while adjusting commodity-related revenues for the effects of fluctuations in global commodity prices.22 Applying this approach to South Africa should not have a large effect on the results, however, as revenue streams corresponding to the extraction of commodities - limited to the corporate income tax levied on the companies operating in the mining and coal and petroleum sectors - have been relatively low over the last decade, even during the recent period of exceptionally high global commodity prices. In FY 2007/ 08 corporate income tax from these sectors accounted for 3.3% of total revenues, or 1% of GDP. This is significantly below the size of commodity-related revenues in other resourcerich countries (Table 2.1).
Note: Commodity-related revenues are taken to include, where applicable, corporate income tax from the natural resource sector, royalties, licenses, export taxes, and income from state-owned enterprises.
Source: OECD calculations based on national sources.
countries is about twice as large as in South Africa, the size of commodity-related revenues in relation to GDP is some 8-10 times larger. This suggests that there is significant potential for raising greater tax revenues in this area. Even though tax revenues from the natural resource sector were relatively low, the commodity boom had a significant effect on total budget revenues via effects on economic activity, boosting income and consumption, as well as profits of domestic companies that benefited from increasing domestic demand, in particular in the non-tradable sector.
Other factors that may have boosted revenue performance but are not captured by the output gap directly include the asset price boom. Asset price movements may have a significant impact on revenues, directly (e.g. through capital gains taxes) or indirectly via the impact of wealth on consumption. Another potential reason for increases in revenues may have been improved tax compliance and administration related to the cycle. While all these effects could have been important, accounting for them would not be straightforward.
OECD estimates show that the cyclically-adjusted, or structural balance25 of the consolidated government remained in deficit throughout the boom years, even though the headline position was in surplus from FY 2005/06 through FY 2007/08 (Figure 2.8). The cyclically adjusted fiscal position began to deteriorate in FY 2007/08 and worsened considerably in FY 2008/09. While the estimates of the structural balances are subject to substantial uncertainties, the results point to an overspending during the boom of what turned out to be unsustainable revenues.
Figure 2.8.
Note: Consolidated budget, fiscal years (1 April-31 March). Headline balance: percentage of GDP; structural balance: percentage of potential GDP.
Headline budget balances have moved in a counter-cyclical way since 2003 (Figure 2.9). The decomposition of the movements in the headline fiscal position into the changes in cyclical and structural components suggests that the cyclical contribution from automatic stabilisers was reinforced by a discretionary counter-cyclical fiscal stance between 2003 and 2006. However, discretionary fiscal policy turned procyclical as spending rose in the second part of the latest cyclical upswing, partially offseting the effect of the automatic stabilisers (Figure 2.9).
Figure 2.9.
Note: Headline budget balance: changes in the ratio to GDP; structural balance: changes in the ratio to potential GDP; automatic stabilisers: changes in the cyclical component. Output gap as a percentage of potential output. Source: OECD calculations.
the crisis, as the government decided to maintain the pre-crisis expenditure level, amplifying the impact of the automatic stabilisers on the revenue side.
The conduct of fiscal policy during the boom and recession phases has been generally sound but can be strengthened along two important dimensions: improving fiscal management over the cycle and reinforcing the credibility of the commitment to mediumterm sustainability of public finances. These issues are interrelated. Preventing fiscal loosening during the periods of revenue buoyancy is essential to avoid additional overheating during the boom and a subsequent worsening in the headline fiscal position once the economy slows down. The authorities successfully pursued counter-cyclical fiscal policy for a number of years, but did not save enough of the revenue windfalls during the boom years and launched an ambitious spending programme just before the cycle turned. One reason for fiscal loosening may be overestimation of the level of structural revenue during the boom. This may in turn have happened because of overly optimistic estimates of potential output, or because the sensitivity of revenues to the cyclical factors was higher than the government assumed. In particular, the sensitivity of corporate income tax to cyclical developments may have been considerably underestimated. Taking into account all these effects, it is likely that some part of the temporary revenue gains was wrongly seen as permanent. In addition, pressures to increase spending intensified when the headline budget position turned into surplus, as the financing constraint was relaxed and fiscal unsustainability no longer appeared to be the major risk. These political economy forces explain why it became increasingly difficult to protect fiscal surpluses. The decision to maintain pre-crisis expenditure, together with a large increase in public sector wages, acted as a fiscal stimulus which supported domestic demand through the recession. However, this increase in spending, even if it happened to be timely and to a large extent targeted (see Chapter 1), was not designed to be temporary and a withdrawal has not been envisaged. While the government position at the onset of the crisis looked favourable compared to many OECD countries thanks to the previous efforts to reduce the debt burden (Figure 2.10), there has been a sharp reversal in the declining trend, and careful attention should be paid to debt dynamics to ensure that hard-won sustainability of fiscal policy is not undermined.
markets can quickly penalise the economy if confidence in the sustainability of the public finances is shaken. Not only will the public sector face higher interest rates due to the increase in the risk premium, but so will private agents, as sovereign credit ratings serve as a benchmark for the private sector.
Strong budgetary rules that institutionally constrain discretionary fiscal policy may be useful in an environment of mounting pressure for fiscal expansion. These rules can also assist governments in the consolidation of their budget positions. For such rules to be effective, they have to be transparent and easy to monitor, sufficiently flexible to respond to various shocks, and backed by political will to maintain prudent public finances. Evidence suggests that fiscal rules are associated with improved fiscal performance (IMF, 2009b). The technical aspects of administering such rules, such as providing macroeconomic assumptions and estimating potential output and revenue elasticities, could be assisted by using input from a group of independent experts, as is done in a number of OECD countries, including Chile, Sweden and the United Kingdom. Such "fiscal councils" or other independent entities can also facilitate public acceptance of the need for fiscal prudence, as has been consistently advocated by the National Treasury.
Budget balance and debt rules that set a numerical limit on the respective fiscal indicators score well on simplicity and transparency, and have a close link to debt sustainability. As a member of the South African Development Community, South Africa agreed to macroeconomic convergence criteria for the budget deficit not to exceed 5% by 2008 and 3% by 2012, and a 60% limit on public debt (including provisions and contingent liabilities). The Treasury's non-binding objective for public debt is even below this limit at 50% GDP. However, as the previous discussion demonstrates, the budget deficit target did not prevent pro-cyclical spending at the end of the latest economic upswing.
current downturn, as discretionary spending cuts would have been required to offset the working of automatic stabilisers. Likewise, the debt target did not sufficiently constrain fiscal policy during the boom, as public debt was well below this limit until the onset of the recession. However, as public debt approaches this threshold,26 this objective could come into play as a factor encouraging fiscal consolidation.
From the macroeconomic stabilisation perspective, the structural budget balance is in principle a preferable target over the headline budget balance as it permits the full working of the automatic stabilisers, which should attenuate the cycle. However, in practice, the techniques related to the estimates and forecasting of the structural balance need to be sufficiently robust for such rules to become effective. Advancing the work on the estimates of the cyclical indicators in line with international best practice, while taking into account country-specific circumstances, would help in this regard. Such work is warranted, irrespective of the presence of a formal rule. Better understanding of the cyclical position of the economy, the sources of the revenue gains and the magnitude of automatic stabilisers, by policy-makers, and their proper communication to the public, would help raise public awareness about the likely temporary nature of the revenue boom and form a more realistic view of the amount of resources available to the government over the longer term, thereby reducing pressures for a fiscal expansion during the cyclical upswing.
The government has already taken some steps in this direction. The Treasury began publishing information on structural balances in 2007, and expanded this work in the subsequent budget documents, emphasising the role of cyclical factors in exceptionally strong revenue performance during the boom years. The efforts devoted to assessing the impact of cyclical factors on fiscal developments and informing the public about the current fiscal stance are welcome. The government should deepen its work on assessing the underlying fiscal position and publish more detailed information about the business cycle and the cyclical fiscal stance in official documents. Consideration should be given to setting a target for the structural balance, consistent with the Treasury's public debt objective.
Setting a target for the structural balance, while enhancing the conduct of fiscal policy, may not be sufficient to entirely prevent overspending during the boom (Joumard and André, 2005). An expenditure rule may be useful in restraining fiscal expansion in upturns, and has been adopted in some OECD countries, such as Finland, the Netherlands and Sweden. Expenditure rules are relatively transparent and easy to implement and monitor, and the use of fiscal rules which include expenditure targets has been associated with larger and longer fiscal adjustments (Guichard et al., 2007). Expenditure rules usually set multi-annual (at least three years) spending ceilings, and the government makes an explicit commitment not to exceed this level (Ljungman, 2008). A spending rule has countercyclical properties, as it will allow the full working of automatic stabilisers (Anderson and Minarik, 2006), at least in countries like South Africa where spending is not cyclically sensitive. Expenditure ceilings are not usually set as permanent, but are renewed through the political process or on a rolling basis (for the next three years, for example).
Implementing an expenditure rule is a promising avenue for strengthening fiscal discipline in South Africa. The country has already established a multi-annual framework, and the three-year fiscal plans are set out in the annual Budget and the Medium Term Budget Policy Statement. These plans are, however, non-binding and have been subject to major upward revisions in the past.
such that legal amendments would be required to revise them.27 This would expose such amendments to greater public and parliamentary scrutiny.
Expenditure ceilings should not be viewed as externally imposed targets, as there is no "right" level of expenditure unambiguously associated with better economic outcomes. Ultimately, the decisions regarding the size of the government are based on social consensus and reflect the preferences of the society. While it might be expected that the relative size of the government will increase as income rises, a correlation between GDP per capita and the level of government expenditure is hard to detect beyond a certain threshold (Figure 2.11). That said, the overall level of government expenditure in South Africa is comparable to some high-income economies, and is higher than in some countries with comparable income per capita. This reflects the strong public commitment to address major social challenges, to improve access to public services and promote longterm growth by investing in physical infrastructure and human capital. These commendable objectives need to be supported by an adequate level of structural revenues, to ensure that they can be met on a sustainable basis.
Prioritising spending and increasing public sector efficiency would help ensure that these objectives remain supported during the necessary fiscal consolidation that lies ahead. Maintaining obligations on the current level, let alone making substantial new commitments, such as the proposed comprehensive healthcare reform,28 would require the revision of the existing tax arrangements. The pros and cons of raising the tax burden need to be weighed, but whether or not such a decision is taken, it is worth exploring the potential for improving the efficiency of government spending.
quality of education, upgrading health care, promoting public safety, building sustainable human settlements and encouraging efficient local government. The government is reviewing the performance of individual departments to identify potential efficiency gains and reprioritise spending. The government's efforts to increase efficiency, improve performance and reprioritise spending are welcome and should be continued.
Implementing a more counter-cyclical fiscal policy would likely result in larger fiscal surpluses than previously seen during the cyclical upswings. An important issue is management of these surpluses. For this purpose, several resource-rich countries, including Chile, Mexico and Russia have established dedicated commodity funds that accumulate windfall revenues during commodity booms and run them down when commodity prices are low. Apart from this stabilisation role, commodity funds can have the longer-term objective of saving revenues gained from depletion of non-renewable resources for the benefit of future generations. This is the case in Norway, where government oil and gas revenues are accumulated in the Government Pension Fund Global. The medium-term fiscal guideline stipulates that, over time, the cyclically-adjusted nonpetroleum budget deficit should average 4% of the value of the Fund (representing the long-run real return on the assets), so that the real value of the fund is not reduced. These funds often invest the savings in foreign assets, which can help to mitigate the pressure on the real exchange rate emanating from the surge in currency inflows linked to the high commodity prices. Such funds are generally viewed as a successful mechanism to manage resource wealth. As the share of commodity-related budget revenues is relatively low in South Africa, and revenues come from a number of commodities, it is somewhat less obvious whether establishing a commodity fund is justified. If such a fund were to accumulate assets via the transfer of commodity-related revenues, it would grow rather slowly. As an example, even if all profits of the mining companies had been transferred to the fund over 2001-07, it would only have accumulated assets amounting to about 3.5% of 2007 GDP.29 Alternatively, all budget surpluses generated by the structural balance rule could be transferred to the fund, as is done in Chile. Still, the link between the commodity prices and the budget balance is more straightforward in Chile. Nevertheless, perhaps in conjunction with a greater effort to identify and tax economic rents from natural resource extraction, a mechanism to ensure that commodity price windfalls are saved should be given further consideration. If budget revenue streams related to production and exports of commodities in South Africa become more sizeable, the country can consider establishing a commodity fund. In the meanwhile, the best strategy for South Africa would be to use windfall revenues from high commodity prices to make faster debt repayments, which would reduce the interest rate burden and provide more space for increasing non-interest expenditure.
Box 2.3.
â To further increase transparency and signal commitment to price stability over the longer term, the SARB should consider moving in the direction of announcing a future policy-rate path consistent with the inflation objective. At a first stage, this might involve merely signalling the expected direction of future movements in policy rates.
Box 2.3. Summary of recommendations for macroeconomic policies (cont.
Foreign exchange intervention should be used more actively within the constraints of the inflation-targeting regime to mitigate or avoid rand overvaluation. In current circumstances, with a strong rand and still relatively low reserves, the accumulation of reserves should be more rapid when net inflows are strong, while depreciation should be allowed when they ebb.
The removal of remaining controls on capital outflows should be accelerated, with such controls being replaced by prudential norms to ensure adequate risk management.
South Africa might benefit from mechanisms to prevent a weakening of fiscal discipline in cyclical upswings. These could usefully include a target on the structural balance, buttressed by an expenditure rule.
In any event, work on assessing the underlying fiscal position should be further developed, and more detailed information about the business cycle and the structural balance should be published.
Even in the absence of a structural balance target, an expenditure rule element could be introduced by making the broad parameters for the out years set out in the annual Budget and the Medium Term Budget Policy Statement legally binding, such that legal amendments would be required to revise them.
Consideration should be given to strengthening the link between commodity prices and the fiscal balance; if this link is strengthened, establishment of a commodity fund can be considered to ensure that windfall revenues are saved. In the meantime, such windfalls should be used to reduce debt.
The government should continue to seek opportunities to increase the efficiency of public expenditure.
This issue was reviewed in the Economic Assessment of South Africa (OECD, 2008).
As of 2005, according to the dataset on financial integration (Schindler, 2009), on the scale from 0 to 1, where 0 represents unrestricted transactions, and 1 represents restricted transactions, South Africa's index of capital inflow liberalisation stood at 0.42, while the outflow index stood at 0.83. Restrictions on outflows faced by South Africa's residents have been gradually eased since 2005, but remain substantial, so that the asymmetry between controls on inflows and outflows persists.
Non-residents have some restrictions on access to local financing.
This methodology assesses transparency across five categories: political, economic, procedural, policy and operational.
See Lysenko and Barnard (2010) for details of the compilation of the SARB's transparency index and comparison to eleven OECD central banks.
CPIX is equal to CPI excluding mortgage interest cost. In 2009, the newly defined CPI replaced CPIX as the basis for the inflation target (see also Box 2.1).
Movements in the break-even inflation rates sometimes reflect low liquidity of the market and some technical factors. For this and other reasons, the results should be interpreted cautiously as a measure of private sector inflation expectations. See Garcia and van Rixtel (2007).
Measured as the share of foreign currency denominated deposits to total deposits, as of end-2009.
See Karoro et al. (2009). Mihaljek and Klau (2008) find no evidence of the asymmetry, however, the SARB's own assessment reported in their paper suggests that the pass-through is asymmetric, with depreciation having a larger impact than appreciation.
Collier (2007) argues that commodity prices tend to see long gradual declines punctuated by sudden spikes, of which the episode that began in 2004 was one.
In principle, if such nominal overshooting is compensated by a corresponding fall in domestic prices, or if domestic inflation is lower than that of trading partners by an amount sufficient to offset the nominal appreciation, the result can be either no change in the real exchange rate or even real depreciation. As South Africa's inflation rate has been higher than its trading partners', nominal appreciation of the rand has always resulted in real appreciation.
This demonstrates that uncovered interest rate parity (UIP) may not hold for lengthy periods of time. According to UIP, interest rate differentials should be fully compensated by exchange rate movements, i.e. low-yielding currencies should be expected to appreciate and high-yielding currencies to depreciate. However, in reality the opposite occurs for a prolonged period of time (Hannoun, 2007; White, 2009). Even if the episodes of prolonged misalignment eventually correct themselves, a correction of such a trend usually results in instability.
See, for example, Pétursson (2009), also for a selected review of the literature pursuing this argument. It should be noted that over long time intervals currency volatility is not necessarily lower under fixed exchange rates, as a prolonged misalignment with a subsequent adjustment episode may produce extreme fluctuations, raising overall volatility.
Those not registered include informal sector employees and formal sector employees with annual income below ZAR 60 000. A reform is underway requiring every employee to become a registered taxpayer.
Includes national and provincial governments, social security funds and some public entities.
Other sizeable capital expenditure programmes are being implemented by the South African National Roads Agency, the Central Energy Fund, the Trans-Caledon Tunnel Authority and the Airports Company of South Africa.
Methodological differences make exact comparison difficult, as the data for infrastructure spending of state-owned enterprises, which account for a significant part of such spending in South Africa, are not always readily available for other countries.
This is done for example in Chile, where non-commodity revenues are adjusted to the cycle, while commodity-related revenues are adjusted with the gaps between actual and long-run prices of copper and molybdenum. See OECD (2010).
Total government revenues can be adjusted for terms-of-trade effects (Turner, 2006). Applying this approach requires estimating long-run equilibrium terms of trade, which is notoriously difficult. Also, the effect of the changes in export commodity prices on budget revenues is expected to be larger than the effect of the movements in prices of imported commodities, such as oil, whereas the terms of trade changes capture both effects. Given these and other methodological limitations, this adjustment has not been applied to the calculation of the structural balance.
The OECD is carrying out work on developing the methodology for accounting for the impact of asset price cycles on revenue performance in a systematic way (see Sutherland et al., 2010). Regarding compliance, there is some evidence it may itself be cyclical in South Africa, increasing during the good times but falling during the economic downturn.
Calculated as cyclically adjusted revenue minus expenditure. The value of expenditure is not adjusted for South Africa as expenditures are acyclical.
According to the Treasury's own baseline scenario, net public debt, including provisions and contingent liabilities, is expected to reach 53.6% of GDP by end-FY 2012/13 (National Treasury, 2010).
This is not equivalent to multi-year budgeting as the individual items are not supposed to become binding.
spending priorities, but flexibility to reallocate spending within the budget should not be compromised.
See National Treasury (2010) for details.
Assuming a 4% return on investment of the fund, and not taking into account possible valuation effects.
Amato, J. and S. Gerlach (2002), "Inflation Targeting in Emerging Market and Transition Economies: Lessons after a Decade", European Economic Review, No. 46, pp. 781-790.
Aron, J. and J. Muellbauer (2009), "The Development of Transparent and Effective Monetary and Exchange Rate Policy", in Aron, J. et al. (eds.), South African Economic Policy under Democracy, Chapter 3, Oxford University Press, Oxford.
Bank for International Settlements (2009), Issues in the Governance of Central Banks A Report from the Central Bank Governance Group, Bank for International Settlements, Basel, May.
Collier, P. (2007), "Managing Commodity Booms: Lessons of International Experience", paper prepared for the African Economic Research Consortium, January.
Dincer, N. and B. Eichengreen (2009), "Central Bank Transparency: Causes, Consequences and Updates", NBER Working Paper, No. 1479, National Bureau of Economic Research, Cambridge, MA.
Garrow, C. (2008), "Challenges of Inflation Targeting for Emerging-Market Economies: the South African Case", Commentary, Challenges for Monetary Policy-makers in Emerging Markets, South African Reserve Bank Conference Series.
Ho, C. and R. McCauley (2003), "Living with Flexible Exchange Rates: Issues and Recent Experience in Inflation Targeting Emerging Market Economies", BIS Working Papers, No. 130, Bank for International Settlements, Basel.
Joumard, I. and C.
Kahn, B. (2008), "Challenges of Inflation Targeting for Emerging-Market Economies: The South African Case", in Challenges for Monetary Policy-Makers in Emerging Markets, South African Reserve Bank Conference Series.
Leape, J. and L. Thomas (2009), "Capital Flows, Financial Markets, and the External Balance Sheet", in Aron, J. et al. (eds.), South African Economic Policy under Democracy, Chapter 5, Oxford University Press, Oxford.
Mihaljek. D. and M. Klau (2008), "Exchange Rate Pass-Through in Emerging Market Economies: What Has Changed and Why", BIS Papers, No. 35, Bank for International Settlements, Basel?
Mnyande, M.
Stiglitz, J. (2010), Freefall: Free Markets and the Sinking of the Global Economy, Allen Lane.
Sutherland, D. et al.
Turner, D. (2006), "Should Measures of Fiscal Stance be Adjusted for Terms of Trade Effects", OECD Economics Department Working Papers, No. 519, OECD, Paris?
White, W. (2009), "Should Monetary Policy 'Lean or Clean'", Federal Reserve Bank of Dallas Globalization and Monetary Policy Institute Working Papers, No. 34, www.dallasfed.org/institute/wpapers/2009/0034.pdf?
South Africa suffers from extremely low labour utilisation, which interacts with other economic and social problems such as inadequate education, poor health outcomes, and crime. The causes are complex, and a range of policies looks to be required to reduce unemployment decisively. In some areas, OECD experience may point to promising approaches, such as on reducing the restrictiveness of product market regulation, increasing the degree of co-ordination of wage negotiations, weakening legal extension of collective bargaining agreements, and facilitating school-to-work transitions. In other areas the specific context of South Africa may call for additional or different approaches. In particular, rapid employment growth is unlikely to happen without improvement in overall economic growth, and it would help if that growth were more labour-intensive than in recent years. South Africa also needs to make particular efforts to improve basic education, and to continue to redress the spatial misallocation of the population, although these measures will not make a big difference to employment outcomes in the near term.
South Africa differs from most other major emerging market economies by its exceptionally low ratio of employment to working age population. In the BRIIC countries, for example, all or almost all of the gap in GDP per capita vis-à-vis the OECD average comes from the shortfall in labour productivity, whereas in South Africa almost half is accounted for by the gap in labour utilisation (Figure 3.1). While in OECD countries the employed generally account for 60-75% of the working age population, in South Africa that figure has been less than 50% for more than a decade, and is currently little more than 40% (Figure 3.2).
Low levels of labour force participation are one aspect of the underutilisation of labour. South Africa's aggregate participation rate is lower than almost all OECD countries, and is also low relative to other middle-income countries (Figure 3.3A).
Figure 3.1.
For 2007, relative to the simple average of OECD countries in terms of GDP per capita, based on revised 2007 purchasing power parities (PPPs) from the World Bank. The sum of the percentage gap in labour resource utilisation and labour productivity do not add up exactly to the GDP per capita gap since the decomposition is multiplicative. See Blöndal and Dougherty (2009) for details.
Labour resource utilisation is measured as total employment as a share of total population, based on national labour force and household surveys.
Labour productivity is measured as GDP per person employed, including estimated informal employment.
Figure 3.2. Employment rate, 2000-09 1. Brazil, India, Indonesia and China (age group 15 years and over).
Source: Statistics South Africa, Labour Force Survey (revised), Quarterly Labour Force Survey; ILO, KLIM Database; OECD Labour Force Statistics Database and OECD Economic Outlook 86 Database.
somewhat since the onset of the recession (Figure 3.3B).1 Participation rates are lower for the black African population and for youth (Table 3.1).
The most striking feature of South Africa's labour market, however, remains the extreme levels of unemployment (Figure 3.4). Few if any countries have seen such sustained high levels of open unemployment. South Africa's overall unemployment rate has been above 20% ever since the late 1990s, with a peak of 27% in 2002. Indeed, part of the phenomenon of low participation rates is itself a function of the severity of unemployment. Discouraged workers are estimated to account for some 5% of the working age population, so that the broad measure of unemployment, including such individuals, exceeds 30% (Table 3.2).
Much of the unemployment appears to be structural. Applying the standard OECD methodology of estimating the structural unemployment rate, i.e. the non-acceleratinginflation rate of unemployment (NAIRU), suggests that very little of the high unemployment rates seen over the past fifteen years has been cyclical (Figure 3.5). This is not to say that unemployment is only frictional or voluntary. Indeed, there is good evidence that the unemployed are overwhelmingly involuntarily out of work. For example, Kingdon and Knight (2001) find that the unemployed are substantially disadvantaged vis-à-vis both the formally and the informally employed in terms of income and expenditure, and also feel less happy. Nonetheless, regardless of any doubts about the NAIRU concept and the precision of its estimation in South Africa, the fact that the standard measure of unemployment has been continuously above 20% since the late 1990s shows that high jobless rates are more than a cyclical phenomenon.
Youth unemployment is especially serious. South Africa is far from alone in having youth unemployment rates well in excess of those for older age groups: the ratio internationally is typically between 2 and 3, with youth accounting for nearly half of the unemployed globally despite accounting for only a quarter of the labour force (ILO, 2006; Lam et al., 2007; World Bank, 2009). Nonetheless, as with overall unemployment, South Africa is an outlier when it comes to youth unemployment (Figure 3.6).
2007 and 15-60 for Brazil.
Labour Force Survey (revised) and Quarterly Labour Force Survey. 1 2 http://dx.doi.org/10.1787/888932309883 middle-income emerging market economies about 80% of youth in the labour force were employed in 2007, whereas in South Africa the figure was only 53%.
Young blacks are the most likely of all to be jobless. Racial disparities in unemployment rates have been very persistent. Among Africans, more than half of the age group 15-24 is unemployed, more than three times the rate for whites, with the coloured and Indian populations having intermediate rates (Table 3.3). The extremity of the youth unemployment problem is wholly a function of the very high rates for blacks and coloureds: the rates for whites and Indians/Asians are comparable to youth rates for OECD countries (Figure 3.7).
The low employment rate has indirect as well as direct economic costs.
Table 3.1.
All population 45.9 55.
Coloured 58.5 65.
White 58.8 69.3 1. Data for 15+.
Source: Statistics South Africa, October Household Survey 1995, Quarterly Labour Force Survey.
Figure 3.4.
2007 data for Brazil.
Narrow unemployment rate 25.4 27.2 27.1 23.3 22.6 22.3 23.5 22.9 24.
Broad unemployment rate 33.1 35.0 35.9 34.6 33.2 31.8 32.3 27.5 30.1 1. Annual average.
Source: Statistics South Africa, Labour Force Survey (revised) and Quarterly Labour Force Survey.
social mobility, crime and AIDS. These problems in turn exact economic costs which can therefore be attributed in part to the failure to generate more employment.
30 Figure 3.5.
Source: Statistics South Africa, October Household Survey, Labour Force Survey (revised) and Quarterly Labour Force Survey; and OECD estimates.
least 0.3 percentage points a year) than in the absence of the AIDS epidemic, while the disease also worsens inequality and poverty (Bureau of Economic Research, 2006; Arndt and Lewis, 2000; Quattek, 2000). The World Bank's Investment Climate Survey of South Africa (World Bank, 2005) estimated the costs of crime to businesses at about 5% of labour costs, while the very high rates of violent crime in particular are regularly cited, including by the government itself, as a factor discouraging foreign direct investment, although this is difficult to quantify (Stone, 2006). South Africa's extensive social grants have helped mitigate the poverty and inequality which are in large part a function of high unemployment (Leibbrandt, 2010; OECD, 2009), but are restricting fiscal space and threaten to strain fiscal sustainability (Fedderke, 2009).
All population 48.3 28.5 13.5 24.3 100.
Coloured 43.3 22.4 11.2 20.8 9.
White 14.5 5.0 3.4 4.9 9.
Source: Statistics South Africa, Quarterly Labour Force Survey, Quarter 4, 2009.
Figure 3.7.
It is not surprising that a problem as unusual as South Africa's low degree of labour utilisation is the result of a complex interaction of forces. The extreme degree and persistence of high unemployment levels in South Africa has given rise to an extensive literature, which identifies many contributory factors on both the supply and demand sides of the labour market.
Deficiencies in education and training contribute to skill mismatches. As in many other countries, years of education and probability of being unemployed are highly correlated in South Africa (Table 3.4), but the discrepancy between employment probabilities for those at the lower and upper ends of the skill distributions is particularly large.3 A common thesis is that in a world of skill-biased growth, South Africa has failed to improve education and training sufficiently to allow the skills of the labour force to keep pace with demand. Bhorat and Lundall (2004) set out evidence of skill-biased technological change in South Africa, while a variety of studies (eg. Human Sciences Research Council, 2003; Clarke et al., 2005) find excess demand for workers in high-skilled occupations. Meanwhile, international tests indicate that South Africa has both a low average level and very high dispersion of educational attainment (OECD, 2008a; OECD, 2008b).
Table 3.4.
All population 27.1 24.7 23.8 22.6 22.3 22.
Some primary 25.1 22.5 22.8 20.3 20.4 21.
Complete primary 29.9 25.1 25.0 23.5 24.2 23.
Some secondary 34.1 31.9 30.3 28.3 28.9 29.
Complete secondary 28.6 26.4 24.5 23.7 22.6 24.
Higher 9.8 7.6 7.4 8.0 7.2 7.
Source: Statistics South Africa, Labour Market Dynamics in South Africa, 2008.
pass rates (for the "matric") have fallen in recent years, from 73.3% in 2003 to 60.6% in 2009, with particularly low pass rates for mathematics (29% in 2009) and physical science (21%). Moreover, most students who enter the school system never make it to the matric, and most of those who pass do not go on to university. Some schools, especially the former white-only schools, benefit from higher per-pupil budgets as a result of the charging of topup fees. While these schools maintain high standards, levels of literacy and numeracy for children in the worst schools are extremely poor. As to training, despite efforts to expand and improve training programmes, there is little evidence that this has borne fruit in improved employment rates via an upward shift in the skill-endowment of the labour force. The shortage of skilled workers may even depress unskilled employment as well, to the extent that there are complementarities between skilled and unskilled labour.
A population structure skewed towards younger age groups means that large numbers of young people reach working age each year (Table 3.5). Moreover, since the mid-1990s there have been significant increases in the labour force participation rates of youth cohorts (Table 3.6) as well as of black African women (Branson, 2006; Banerjee et al., 2007; Posel and Casale, 2002; Bhorat and Oosthuizen, 2006). Since a large part of each cohort of labour market entrants has low levels of employability, both because the quality of education needs to be improved and because the young lack work experience, the increasing labour force participation rate of the young has been a factor in the rise of unemployment. Banerjee et al. (2007) estimated that the change in age structure of the labour force, together with shifts in its gender and racial composition, could account for about a third of the increase in the unemployment rate between 1995 and 2005.
In part because of the legacy of apartheid, the spatial allocation of the population results in many people, particularly Africans, living far from where jobs are concentrated (Mlatsheni and Rospabe, 2008; Banerjee et al., 2007).
Table 3.5.
Table 3.6.
1993 1997 2001 2005 2008 % change 12.0 10.2 17.2 17.5 20.8 8.7 50.6 49.2 66.1 65.7 61.5 10.9 68.3 65.6 77.5 77.7 71.5 3.2 68.1 63.1 72.3 72.8 68.0 -0.1 53.6 45.4 55.7 56.3 52.5 -1.1 23.5 17.2 23.9 25.1 25.7 2.
Note: Table reproduced from Leibbrandt et al. (2009).
reduces access to information flows about available openings. Travel costs are often an important issue deterring job search or accepting a job. Youth in particular tend to lack mobility and the resources required to engage in active job search, or to relocate in order to take advantage of job opportunities elsewhere. Consequently, they may restrict job search to opportunities available close to where they reside. In addition, crime and underdeveloped urban transport make commuting and job search travel more dangerous, which again tends to increase reservation wages.
High rates of illness in the working age population sap labour supply. Although overall adult infection rates have stabilised and rates among younger adults appear to have declined (Shisana et al., 2009), South Africa has more people living with HIV than any other country in the world (UNAIDS, 2008, Table 3.7), and more than a quarter of pregnant women are HIV positive. Poor health lowers employment prospects due to higher absenteeism, lower productivity and decreased capacity for active job search. This sets in place a vicious cycle in which poor health leads to lower income, which raises health vulnerability even further. Available evidence also suggests that unemployed youth in South Africa are at higher risk of contracting HIV than employed youth (UNAIDS, 2004). Even for non-infected youth, HIV infection of other household members may bring onerous care burdens, either of the sick individual themselves or their children who require care, sometimes requiring the healthy individual to withdraw from the labour market. Such care burdens may also constrain the amount of time available for employment or job search activities.
The expansion of social grants may have weakened job search incentives. Over the past decade there has been a substantial expansion in three main categories of social grant: the pension grant, the disability grant and the child support grant. This increase has made an impact on poverty (Van der Berg et al., 2005), but may also have weakened incentives for job search, although there are forces working in both directions.
Total population 9.3 9.7 10.0 10.2 10.6 Adults (15-49) 15.3 15.9 15.9 16.5 17.0 Of which: Women 18.5 19.1 19.4 19.5 19.
Total number of people living with HIV (in millions) 4.2 4.5 4.7 4.9 5.2 3.
hand, because the grants are quite generous, providing a subsistence income to individuals and even families, they reduce the need to find work (Booysen and Van der Berg, 2005). On the other hand, the payment of pension grants in particular may allow grandparents to care for children while adults leave home to work (Posel et al., 2004). In any case, the big expansion of grants came about from 2000, when unemployment had already risen sharply. So any net job search disincentive effects are at most only part of the explanation for why unemployment has not fallen more since the early 2000s.
The greatest problems are probably on the demand side of the labour market. The supply side issues mentioned above have undoubtedly contributed to South Africa's poor employment outcomes. Since low employment rates have been accompanied by high levels of involuntary unemployment, however, the presumption must be that insufficient labour demand has been the major part of the low employment problem.
Economic growth has been too weak to absorb a rapidly growing labour force. Over a long period, spanning several decades, South Africa has had at best mediocre economic growth, although growth performance has improved in recent years (Figure 3.8). Given steady population growth (and the likelihood that actual population growth is understated as a result of the influx of unregistered immigrants), South Africa's per capita income growth has been lacklustre, about 2% a year over the last decade, lower than most emerging market economies (Figure 1.15, Chapter 1). In the context of the surge in labour force participation after the end of apartheid, such growth rates were insufficient to prevent unemployment from rising rapidly. Before 1994 participation of black South Africans was artificially depressed by rules forcing them to remain in rural areas, restrictions on movement through the pass laws and legislated racial discrimination. This created a pent-up pool of work-seekers which was released in the second half of the 1990s. Participation rates stabilised after 2000, requiring less vigorous employment growth to absorb labour market entrants.
Index 1993 = 100 Index 1993=100 3.
the first half of 2008, the unemployment rate did fall substantially. So far, however, South Africa has been unable to sustain such growth rates for long - as noted in Chapter 1, 2004-08 looks (even more clearly now than before) like a period of above-potential growth with growing imbalances. During the economic downturn of 2008-09, employment fell much faster than output.
Such growth as has occurred appears to have become less labour-intensive, particularly taking into account the 2008-09 recession. The absence of a single consistent series for employment over the past two decades makes it difficult to ascertain its elasticity with respect to output. According to the broadest measure available for the 1990s, the October Household Survey (OHS), employment actually grew somewhat more rapidly than GDP in the period 1995-99. On the other hand, the Survey of Employment and Earnings (SEE), capturing only non-agricultural formal employment in larger enterprises, showed stagnation and even decline in employment from 1995-99. The truth for that period probably lies between the two, as the OHS had increasing coverage of the informal sector, inflating employment growth, while the SEE overweighted shrinking sectors relative to growing ones. Since 2000, the ratio of employment growth (as given by the Labour Force Survey for 2000-07 and the Quarterly Labour Force Survey for 2008-09) to GDP growth has been low, 0.2 for the period 2000-09 and 0.33 for the period of positive real GDP growth from 2000 to 2008.
The structure of the economy has shifted towards more skill-intensive sectors. One important aspect of this change has been a structural shift away from the (unskilledlabour-intensive) primary sector to (less unskilled-labour-intensive) services and manufactures. The secular decline of gold output, which has been largely driven by the exhaustion of easily recoverable gold reserves (Figure 3.9), has contributed to this phenomenon. In addition, gold production has become more capital-intensive as mines have had to be driven deeper to access remaining reserves. Total mining employment has fallen by more than a third from its peak in the late 1980s. Agriculture has also been shedding jobs on a secular basis. At least some of the main growing sectors, such as financial services, are less labour-intensive. Probably the most important factor in the failure to absorb labour in sufficient quantities, however, is the loss of manufacturing employment.
the tradable goods sector. South Africa is, of course, not alone in experiencing a shift from goods production to services, but in the case of South Africa this secular shift has been compounded by a weak export performance (Figure 3.10).
Real wages have proved to be downwardly rigid. As always when there is an excess supply of labour at prevailing wages, it can be said that real wages are too high. It does not, however, seem to have been the case that this disequilibrium situation was caused by an economy-wide rise in real wages. The data are not unambiguous: formal sector entreprise surveys suggest a fairly study increase of around 2% a year on average between 1995 and 2009 (Figure 3.11). As shown by Burger and Yu (2007), however, the broadest measures of real wages, derived from the household and labour force surveys, suggest if anything a decline over the decade beginning in the mid-1990s (Figure 3.12), although the picture is clouded by the break between the October Household Survey (1995-99) and the Labour Force Survey (2000 onward). They also show a fall in real wages for unskilled labour, the group with the highest rates of unemployment. At the level of the economy as a whole, therefore, for the period since the mid-1990s, there is little sign that employers overall were pushed up their labour demand schedules.
Note: Breaks in series in Q1 1998, Q3 2002, Q4 2004 and Q2 2006. Source: SARB Database.
contributing to the low employment problem, it appears to be because wages would have had to fall much more than they did to prevent the big increase in (measured) unemployment that was seen during that period. The evidence suggests that since the early 1990s outward shifts in the labour supply schedule and/or inward shifts in the labour demand schedule, combined with some feature(s) of wage determination that prevented market-clearing, left overall real wages little changed but unemployment much higher.
Observations above ZAR 200 000 (in 2000 prices) per month are excluded.
Labour regulation and union power are often cited as factors depressing labour demand. As noted by Burger and Von Fintel (2009), "many commentators argue that tighter labour legislation to protect the interests of the marginalised have had unintended impacts on the willingness of firms to absorb more labour". However, the OECD's Economic Assessment of South Africa (OECD, 2008) found little evidence that employment protection legislation is restrictive: South Africa has one of the lowest scores on the OECD's Employment Protection Legislation indicator, although there do seem to be problems in the mediation and arbitration of dismissals. Union power is a significant factor, however. As noted by Bhorat (2007), union wage premia are relatively high in South Africa, and the findings of strong real wage growth in manufacturing (where unionisation is high) despite high levels of unemployment suggests that unions are able to negotiate higher real wages even when labour market slack is extensive.
The lack of entrepreneurship in the population, which is at once a demand and a supply factor, also hinders the dynamism of employment. Entrepreneurship among the black African population was deliberately suppressed during the apartheid era, and reviving it is a major challenge that will take time to be met. Developing a culture of entrepreneurialism is further complicated by the fact that financial training, networks of business contacts, and collateral for loans are all underdeveloped for the majority. Relatedly, informal activity is less of a major alternative or backstop to formal employment than it is in many low- and middle-income countries. The informal sector, while far from negligible, is relatively small in South Africa, partly on account of potential barriers to entry or hidden costs in informal employment (Chandra et al., 2002).
African population during the apartheid era and the high crime rate against business owners (Devey et al., 2003; Fields, 2006). There is a prima facie puzzle in the widespread perception that access to finance is limited while South Africa has an unusually well developed financial sector. This suggests a disconnect between the depth and breadth of the financial system.
While South Africa's employment problem is highly unusual both in scale and duration, a number of OECD economies have experienced unemployment rates approaching South African levels, and all subsequently achieved large reductions in those rates. The persistent high unemployment rates experienced by many OECD countries in the 1980s and early 1990s led to a major study of the problem by the OECD (the Jobs Study) which in turn resulted in the formulation in 1994 of the OECD Jobs Strategy. In 2005, when labour market outcomes had improved in many countries, the experience of the first decade of the Jobs Strategy was assessed and the recommendations revised (Annex 3.A1 and Box 3.1). Every country has its own particularities, which must be taken into account in formulating an employment strategy. Indeed, the differing history and conditions across OECD countries is probably an important reason for why the Jobs Strategy yielded relatively few unequivocal results about what works in raising employment. As regards South Africa, some factors found to be significant for OECD countries are clearly less relevant: for example, unemployment insurance (UI) replacement rates and the duration of benefits are relatively low in South Africa. As such, they have not been major explanatory factors for the prevailing levels of unemployment, although the OECD findings in this area do constitute a warning against an overly ambitious expansion of UI, and suggest that any increase in the generosity of unemployment benefits should be accompanied by enforcement of job search requirements and stepped-up activation policies. Even if the obstacles to greater employment are not always the same as in OECD countries, however, in certain respects South Africa stands out as having features associated with poor labour market outcomes in OECD countries, which suggests that these may be promising areas for reform.
Reforming the framework for collective bargaining could improve employment outcomes. South Africa is characterised by the pattern of collective bargaining found to be associated with the worst labour market outcomes in the OECD. Collective bargaining is largely at the sectoral level via bargaining councils (as well as public sector bargaining), with administrative extension of agreements within sectors. Given South Africa's institutional history, with a tradition of strong trade union involvement in the labour market, it is probably not feasible to shift to a system of highly decentralised bargaining. A more promising direction for South Africa might therefore be to increase the degree of coordination of wage determination, so that the macroeconomic benefits of wage restraint can be better internalised and the role of labour market outsiders strengthened (via a government voice in centralised negotiations). As noted in earlier chapters, the inflation expectations of business and labour have tended to be very backward-looking. It is possible that with a more co-ordinated wage setting, private expectations could be steered in a more forward-looking direction, and rendered consistent with the SARB's inflation targeting band. A higher degree of co-ordination could achieve any given level of overall real wage changes with lower nominal increases and an improved inflation performance.
Lower and less variable inflation could in turn permit the SARB to maintain lower real interest rates than otherwise, which would be supportive for growth. Increased coordination could be achieved by bringing social partners together at the beginning of each annual wage negotiation round and getting agreement on guidelines for increases in that year. Actual bargaining would continue to take place in the same way as it does at present, but against the background of such guidelines. Government involvement in the process could help to make the trade-offs between wages, employment and unemployment clearer to social partners.
Box 3.1. The experience of OECD countries with raising employment The experience of OECD countries in recent decades, and in particular during the first ten years of the OECD Jobs Strategy, suggests a number of lessons as regards increasing employment.
Intermediate levels of wage co-ordination and centralisation are associated with greater wage rigidity and relatively poor labour market outcomes. Highly centralised collective bargaining institutions, as found in Scandinavia, the Netherlands, and a few other countries, and decentralised or weak collective bargaining, as seen in Anglo-Saxon economies, are found to produce better results.
Sectoral bargaining with legal extension of agreements is particularly poor for employment.
High and long-lasting unemployment benefits tend to increase unemployment. Some of the negative disincentive effects of benefit levels and their duration can be counteracted through more effective use of work-availability conditions and their incorporation into comprehensive activation strategies.
Restrictive product market regulation tends to reduce employment.
A high tax wedge on labour earnings negatively influences employment.
Employment protection legislation has no clear impact on total employment, but may impede the efficiency of labour reallocation. Some OECD countries succeeded in making the cost of protection more predictable by simplifying legal procedures in the case of dismissals.
Well-designed active labour market policies (ALMPs) can improve labour market performance by promoting job-search, improving the efficiency of the job-matching process and enhancing the work experience and skills of those who take part in them. Outcomes were found to be disappointing for certain ALMPs, however, underlining the importance of policy evaluation in order to reform or phase out those which are ineffective.
Policies to prevent early exit from school and improve school-to-work transitions can help limit youth unemployment.
A moderate minimum wage generally does not reduce employment significantly, but very high minimum wages relative to average wages can limit employment opportunities of some groups.
Empirical analyses have confirmed the importance of price stability and sound budget balances for economic growth with potential beneficial effects on employment. Meanwhile, economic downturns can result in protracted increases in unemployment, underlining the role of macroeconomic policies in stabilizing output.
While a policy of increasing the degree of co-ordination of wage setting promises net benefits, it would not be without risks, of course.
(e.g. DiTella and MacCulloch, 2002 on centralisation and unemployment; Bertola et al., 2001, on resilience to shocks). Moreover, there is robust evidence for advanced countries that higher centralisation/co-ordination of bargaining is associated with lower wage dispersion (OECD, 2004, Chapter 3). Evidence is mixed, however, on whether the compressed wage structures associated with corporatist bargaining reduce employment by pricing low-skilled workers - or those residing in economically disadvantage regions - out of work.
The importance of the legal extension of collective bargaining agreements should be reduced. While those OECD countries which had administrative extension of collective contracts in the early 1990s saw very little action to limit their use over the subsequent decade, suggesting that this measure is of such high value to incumbent employees or employers in the countries concerned that changes in this area are hard to implement, it was found that countries with the worst labour market outcomes over the first 10 years of the Jobs Strategy tended to be characterised by extensive legal extension (Brandt et al., 2005). In South Africa the law provides for the possibility of exemptions, but although smaller firms complain about extension, the number of applications for exemption is small, which may suggest that exemptions are not liberally granted.
Well-designed interventions to target vulnerable groups could help. In South Africa, as elsewhere, very high youth unemployment rates for the most part reflect high overall unemployment, with youth, being on the margins of the labour market, tending to be the worst affected. A necessary condition for satisfactory youth unemployment rates is therefore likely to be an increase in overall employment. In such a rising tide, however, youth may be last boats to be lifted, just as they are the first to be stranded in the ebb. Early labour market experience is found to be a predictor of longer term labour market status. If young entrants to the labour market fail to find employment, they tend to suffer a loss of human capital and diminished confidence. In South Africa there is also an increased risk of unemployed youth contracting HIV or turning to crime. Given that the negative externalities of long-term unemployment are likely to be particularly acute for youth, youth-specific measures should be an important part of an employment strategy.
Based on the OECD experience, one of the most promising areas in this respect is assisting young jobseekers with search. In South Africa, significant institutional capacity aimed at assisting work seekers in finding employment is already in place, and this provides a good starting point for additional efforts. There are many public Labour Centres providing services related to the Unemployment Insurance Fund, the Compensation Fund, inspection and enforcement services and employment skills development services. Local Labour Centres maintain a database of registered work seekers and are meant to act as a point of contact between them and potential employers with vacancies. A lack of resources hampers these functions, however. Marock (2008) reports that Labour Centres lack the capacity to actively engage with employers, as there is only one Employment Services Practitioner in each centre. In addition, the database in each labour centre is largely manual and thus not linked into any central database, resulting in lack of co-ordination between centres in filling vacancies. The Department of Labour is planning to introduce an electronic system whereby vacancies registered with them by employers are disseminated to all labour offices more rapidly, and this would be a useful step.
The Umsobomvu Youth Fund (UYF) represents another potential area of institutional support for policies aimed at improving youth employment outcomes. The UYF was created in January 2001, and reports to the Ministry of Labour while maintaining its own independent status. The UYF functions as a development finance agency and is tasked with promoting entrepreneurship, job creation, skills development and skills transfer among South Africans between the ages of 18 and 35. In particular, the UYF funds a number of Youth Advisory Centres, which provide another point of contact between workseekers and employers, offering a combination of career guidance and life skills training. Thus, the UYF can complement the role played by the Labour Centres. The UYF could also help with the evaluation of any new wage subsidies by feeding data collected by the Youth Advisory Centres on employment outcomes in response to such subsidies directly into the central Department of Labour database.
Another area where South Africa might learn from the experience of OECD economies in facilitating school-to-work transitions is the provision of work experience and training. While approaches vary across OECD countries, the most common route has been to strengthen vocational training and, within the vocational framework, create a dual - rather than sequential - system where students alternate school-based training and apprenticeships. While vocational apprenticeships do also exist in South Africa, the main existing instrument to help labour market entrants find work is the learnership programme (Box 3.2). The potential of this programme to make a large dent in youth unemployment is diminished by design problems, especially excessive administrative costs.
Box 3.2. Learnerships Learnerships, which became part of South Africa's National Skills Development Strategy (NSDS) in 2002, are nationally accredited training programmes intended to improve the employment prospects of new labour market entrants through formal training linked to work experience. Learnerships aim both to increase employment directly (since learnership grants act as an employment subsidy) and indirectly, by improving the skills of the workforce. Firms taking on previously unemployed learners are entitled to a maximum tax break of ZAR 60 000 per learner, of which half can be claimed in the year of enrolment and the balance upon completion of the learnership. If a firm takes on an already employed learner, it may claim 70% of this allowance. Employers also receive a grant, managed by Sectoral Education and Training Authorities (SETAs), for putting people onto learnerships, in order to cover the learner allowance, course fees for training and other associated training costs. Learnerships can thus be classified as wage subsidies linked to both temporary employment and the provision of structured learning by the employer. Learnerships differ from apprenticeships in that they provide not only training and skills acquisition but academically accredited learning. The aim is to strengthen the link between structured learning and work experience, providing a learner with a nationally recognised qualification.
In South Africa, learnerships are developed and registered by the various SETAs established by the National Skills Development Act of 1998, and graded in terms of the South African Qualifications Authority's National Qualifications Framework. Learnerships are primarily targeted at entry-level occupations and hence also implicitly at young labour market entrants such as school-leavers. In principle, though, the subsidy applies to any type of occupation or skill level, as long as the employer registers the learnership with the relevant SETA.
Box 3.2. Learnerships (cont.) Although learnerships have been in place for several years, no rigorous evaluation framework was put in place, making it difficult to assess the programme's impact. However, by 2005, 109 647 individuals below the age of 35 had entered learnership/ apprenticeship agreements, exceeding the NSDS initial target of having 80 000 individuals in learnerships by 2005 (Pauw et al., 2006). These estimates provide an indication only of entry into programmes, however, and no good data exist concerning attrition rates, throughput rates, or the success rate of learners in finding employment subsequent to completion of a learnership. Grawitzky (2007) reports that while the placement of unemployed learners has been estimated to be 46%, this figure has yet to be corroborated by other research. Learnerships entail high administrative costs for employers. The administrative processes involved in setting up learnership programmes are complex, costly, and timeconsuming. The programmes have to be developed along a restrictive set of guidelines and registered, and programme content has to be accredited. A common sentiment among firms interviewed by Pauw et al. (2009) was that the SETAs, which are meant to facilitate the processes, are incompetent, while mismanagement and high staff turnover rates within the SETAs created problems. The red tape involved in setting up and registering learnerships makes the exercise too burdensome for some firms, especially smaller ones that cannot afford to employ people specifically to manage learnership programmes and maintain contact with the SETAs, and which cannot spread fixed administrative costs over a large number of learners. Secondly, the effectiveness of the learnership programme in absorbing unemployed workers or generating above-equilibrium employment is questionable. Pauw et al. (2009), find that the intake of previously unemployed learners (which account for about two thirds of the total, given the extra subsidy element for "unemployed learners"vis-à-vis already employed ones) largely represents people who would have been hired anyway. This is in part linked to the issue of administrative costs. Given this burden, firms tend to link the learnership system to their recruitment and employment strategies with the intention of employing learners upon completion of the training. They therefore only employ learners that they would have employed in any event. Viewed within the context of a generally expanding labour market between 2002 and 2006, the scale of the employment-generating effects of the scheme is unclear. A third concern relates to the incentives that exist for firms. Learnerships are regarded as important in standardising and promoting learning in the workplace in relevant areas. However, many firms feel that the learning component or the accredited academic qualification attached to learnerships are not appropriate for all job-types. In this regard the decline of the apprenticeship system, which focused more on practical work experience or vocational training, is lamented. Officially the apprenticeship system is still in place, but since Black Economic Empowerment (BEE) points are only available to firms offering learnerships, there is an incentive to convert apprenticeship programmes to learnerships. Firms interviewed in the Pauw et al. (2009) study admitted that participation was motivated largely by the BEE charter and/or social responsibility concerns, with the subsidy playing only a small part.
If indeed firms typically only enrol learners that they would have employed in any event and if grants are not the main incentive for participation, the subsidies received by firms could be seen as windfall gains, especially for the one-third of learners who were already employed by the firm. The alternative view is that the cost of compliance actually exceeds the grant value. In theory, the subsidy is meant to compensate employers for the lower productivity of learners relative to other workers (linked to the opportunity cost when the worker is away on training), the cost of learning materials and the opportunity cost of management time in implementing the programme and mentoring learners. In reality, however, only a portion of the actual wage is covered, and although these subsidies may seem generous, firms claim that the excessive administration costs that they have to incur are to blame for their failure to expand their intake.
More differentiation of minimum wages and employment protection by age could also help tackle youth unemployment. Sectoral minimum wages, whether set by bargaining councils or by government, may have hindered employment growth, especially in restricting the employment opportunities of the young. While there appears to have been very little empirical work on the impact of minimum wages on youth employment in South Africa, the average minimum wage across all sectors, as calculated by Andrew Levy Partners, amounts to around 62% of the average formal sector wage, which is very high by international standards.6 Minimum wages are not differentiated by age, which is an approach that has had beneficial effects on youth unemployment in OECD countries. Youth exemptions for minimum wages could therefore be one part of a package to address youth unemployment. Another measure that could enhance the employment chances for youth would be to extend the probationary requirements in respect of new hires.
Reducing the restrictiveness of product market regulation in South Africa would help raise employment. Empirical analysis for OECD countries showed a robust relationship between changes in PMR and employment outcomes. As noted in Chapter 1, South Africa has more restrictive PMR than almost all OECD countries, with higher-than-average scores in all main areas. The employment benefit from moving to a PMR score in line with the OECD average would be substantial.
Improving the implementation of employment protection legislation would increase the dynamic efficiency of the labour market. Surveys (e.g. World Economic Forum, 2009) suggest that firms find firing more difficult and costly than the employment protection legislation itself (as reflected in South Africa's low score on the OECDs EPL indicator) would suggest. Some OECD countries have had success in making the cost of protection more predictable by reducing the complexity of legal procedures. Others have successfully opted for a "flexicurity" approach by facilitating hiring and firing decisions while also providing efficient re-employment services and income support to workers in the event of lay-off. While the latter approach is likely to be too costly for a middle-income country like South Africa, there does seem to be scope to speed up and simplify the arbitration process for dismissals, in particular as regards dismissals for cause. The relatively burdensome process for dismissals for cause vis-à-vis those for economic reasons may help to explain why job losses in the recession were so large, as firms may have taken advantage of the downturn to retrench workers whom they would have liked to dismiss for cause before.
explaining unemployment, but there are reasons to believe that it can affect the persistence of unemployment in the wake of shocks as well as the dynamic efficiency of labour market flows.
Various aspects of South Africa's history, geography, and level of development distinguish it from OECD countries and give rise to particular problems and potential solutions. Also, given South Africa's unusually serious initial position as regards employment, more activism may be called for than in developed countries where the absorption rate is much closer to potential.
South Africa's experience with fluctuations in unemployment seems consistent with the regularity noted for OECD countries that such swings are not primarily driven by big moves in real wages in the same direction. As noted earlier, the unemployment rate in South Africa rose sharply in the 1990s even as overall real wages were falling, while from 2002 to 2007 it declined by about 6 percentage points, during which time real wages rose by 9%.7 There is therefore a presumption that the initial policy focus should be on increasing labour demand for any given level of the wage. This means both trying to raise the aggregate growth rate and seeking to undo some of the unhelpful structural shifts that have contributed to the employment problem, which in turn means making growth more labour- and export-intensive. As noted in Chapter 1, macroeconomic policy has an important role to play in this respect, in parallel with supportive labour and product market policies and institutions which would play their part by yielding sufficient real wage restraint to ensure that improvements in the external balance are lasting. Prudence will remain one important element of this - indeed, in some respects macroeconomic policies should become more prudent than in the past. Thought should also be given, however, to additional policy levers that might be used to improve South Africa's export performance, as discussed in Chapters 1 and 2. These might include: a higher structural fiscal balance over the cycle, together with an increased degree of countercyclicality; measures to boost private savings; "jawboning" by the government and/or the SARB when the rand appears overvalued; intervention by the SARB to help mitigate upward pressure on the rand, particularly when this results from surges in private capital inflows; and possibly temporary market-based measures to discourage inflows if surges are seen as driving overvaluation and/or asset bubbles and cannot be dealt with in other ways. Again, however, avoiding overvaluation is at best a facilitating condition. Successful labour market outcomes will also depend on supportive institutions and structural policies. One important element is a collective bargaining framework that delivers wage moderation and gives greater influence to labour market outsiders, favourable conditions for entrepreneurship, improved basic education and better financing for SMEs.
A wage subsidy may have more potential in South Africa than in many other countries, although design is crucial. While international experience generally points towards job search assistance as the most effective form of active labour market policy, there is a question whether programmes targeted on placement/reducing matching costs can be of more than marginal importance where the main problem is a massive mismatch between aggregate labour supply and demand. By contrast, the problem of deadweight losses that has beset wage subsidy schemes in other countries may be of less importance in South Africa, since so few of the unemployed succeed in finding jobs currently.
subsidy tied to training, as with the existing learnerships. The experience with the learnership programme represents a warning but also offers some encouragement for an expanded wage subsidy scheme. The overwhelming perception is not that the employment subsidy component of the learnerships is necessarily ineffective, but rather that the administrative requirements around the learning component of the programme are excessive. Many firms indicate a willingness to expand enrolment of learners and/or trainees if the administrative burden were reduced. An expanded wage subsidy could in fact build on the learnerships, with simplified administration. Another way of addressing the substitution problem would be to apply the wage subsidy to net rather than gross hires (perhaps limited to workers below an age ceiling), although this would require a monitoring mechanism, which would add complexity.
South Africa appears to have a particularly great need to develop entrepreneurship and increase access to finance for small and micro-enterprises. Under apartheid entrepreneurship in the African population was deliberately suppressed, and it will need fostering for some time to come. Some platforms like the UYF already exist to provide credit and services to young entrepreneurs. Together with rigorous evaluation of these activities, the resources allocated to such programmes might be increased. More generally, access to credit for business start-ups should be improved, for example by easing collateral constraints.
The spatial misallocation of the population is another specificity of the South African situation, calling for measures which would be of less significance elsewhere. In order to reduce labour market frictions, South Africa continues to need more urban housing, and public transport infrastructure. Financial assistance with transport for job search could also help overcome capital constraints faced by poor jobseekers in remote locations. Ways should also be explored of allowing the growth of employment opportunities where people live, perhaps via an easing of municipal restrictions, including on informal activities.
The government's employment strategy is largely sound, but can be improved. Many of the recommendations made here are consistent with existing government policies or proposals. In various platforms, such as AsgiSA and the National Treasury's Budget Reviews, the government has correctly diagnosed most of the problems affecting employment levels. There have been, however, some weaknesses and inconsistencies. For instance, there is a tendency to support capital-intensive industries, despite the acknowledged need for more labour-intensive activity. In addition, employment strategies have put relatively little emphasis on basic education, the inadequate quality of which is probably the biggest factor in the skills mismatch confronting the country. Basic education is probably a bigger issue than training, but one which may take decades to turn around. Rather greater emphasis has been placed on training schemes, for which the international evidence is not particularly encouraging. The government's stance seems to err in the direction of thinking that training can fix much of the unemployment problem.
It is also not uncommon in policy debates in developing countries to hear that the problem is on the supply side: it is a matter of weaknesses in the labour force, not the weakness of labour demand. The underemployed population lack skills, the argument goes, therefore the solution is to train them. The aim is to upgrade labour supply, rather than stimulating labour demand.
this argument is true. In principle, if workers were sufficiently educated and heavily trained, they would be worth the cost of hiring them, even with the full panoply of benefits and wages that prevail in the formal sector. But it is difficult, not to say extremely expensive, to upgrade the skills of workers before finding employment for them, partly because workers learn so much on the job. Thus, while there is no disagreement about the need for education and human capital investment, as a matter of strategy in many countries, this supply-side approach will often not be sufficient (Spence et al., 2008, Chapter 2, p. 46).
While there are many things that can and should be done to improve employment outcomes in South Africa, it is also important to avoid taking actions which will make things worse. One risk to bear in mind in this respect is going too far with the expansion of social support mechanisms. In recent years South Africa has massively expanded budgetary transfers for social protection, and these have proved to be effective in combating poverty. Moving too far in this direction will, however, undermine incentives to find and keep a job, as well as compromising fiscal sustainability and thereby undermining macroeconomic stability. It would also be unwise, from a labour market perspective, to unwind liberal laws relating to temporary labour. There have been calls, both outside and within the government, to respond to documented abuses by labour brokers by banning or heavily restricting the use of temporary agencies. This is an area where existing legislation is relatively liberal, and it contributes significantly to the flexibility of the labour market. Policy responses to reported abuses should focus on implementing existing laws and if necessary strengthening penalties for legal breaches by employers rather than restricting the market for temporary labour.
There appears to be an increasing incidence in government rhetoric on the notion of decent work. This is unobjectionable as an aspiration, but is less clear as a policy, as the term "decent work" can conceal difficult tradeoffs. The goal of decent work should not be allowed to perpetuate or strengthen the current pattern of a core of well-paid labour market insiders existing alongside a similar number of excluded and impoverished outsiders, either jobless or pushed into the informal sector.
Box 3.3.
The within-sector legal extension of collective bargaining agreements should be curtailed.
The level of co-ordination in collective bargaining should be increased to allow for greater influence of outsiders on wages and conditions and to bolster the credibility of the inflation target range.
â The burden of product market regulation should be lightened and competition policy strengthened.
Enforcement of existing labour laws relating to labour broking should be tightened, but liberal arrangements for temporary employment should be maintained.
The arbitration process for dismissals for cause should be speeded up and simplified.
Box 3.3. Summary of recommendations for increasing labour utilisation (cont.
Efforts to strengthen job search assistance should be intensified.
The use of wage subsidies should be expanded, possibly by building on the existing learnerships, but with a reduced administrative burden.
Minimum wages should be differentiated by age.
Probationary requirements in respect of new hires of young employees should be extended.
Programmes to develop entrepreneurship among the young in disadvantaged groups should be expanded.
Improvements in basic education should be prioritised, even though the contribution to raising employment will be small in the near term.
Further urbanisation should be facilitated to mitigate spatial mismatches: urban transport should be developed and affordable urban housing expanded.
Access to credit for business start-ups should be improved, for example by easing collateral constraints.
One issue that appears to have caused the jump in labour force participation (and employment) at the time of the replacement of the October Household Survey by the Labour Force Survey is that coverage of agriculture, especially subsistence agriculture, improved.
The low unemployment rate shown in Table 3.4 for those with no education, and to a lesser extent to those with some or completed primary but no secondary education, probably reflects the greater tendency of those groups to be in subsistence activities or discouraged, and thus classified as not in the labour force. The advantage for employment prospects of having completed secondary education or better can also be seen from the fact that individuals with those levels of education make up a much larger share of the employed than they do of the unemployed.
Since unemployment rates are so extreme and since most of the unemployed do not receive unemployment benefits or other social transfers, there is already a strong presumption that most unemployment is involuntary. This question is examined in detail by Kingdon and Knight (2004).
One additional supply factor which may have contributed to the growing problem of open unemployment is illegal immigration. Large numbers of immigrants are known to have come to South Africa from neighbouring countries, although official migration figures for the most part fail to capture such flows. While the size of the effect on the South African labour market is unknown, it is plausible that the mostly unskilled migrants have increased the excess supply of low-skilled labour.
According to OECD data, in 2008 the highest ratio of minimum to average wages of full time workers in member countries was 0.505 in New Zealand. The simple average across OECD countries was 0.371. Australia had a ratio of almost 0.60 in the early 1990s, but no other OECD country approached that level in the past 20 years.
The peak unemployment rate in Statistics South Africa's revised Labour Force Survey series was 29.3% in March 2003, while the minimum was 21.0% in September 2007, giving a maximum decline of 8.3 percentage points. As there appear to be seasonal differences between the March and September series, however, it is probably more representative to compare annual averages or across years for the same month. On this basis the largest fall was about 6 percentage points.
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While South Africa's employment problem is highly unusual both in scale and duration, a number of OECD economies have experienced unemployment rates approaching South African levels, and all subsequently achieved large reductions in those rates. Boosting employment has been a major preoccupation for the OECD itself. The persistent high unemployment rates experienced by many OECD countries in the 1980s and early 1990s led to a major study of the problem by the OECD (the Jobs Study) which in turn resulted in the formulation in 1994 of the OECD Jobs Strategy. In 2005, when labour market outcomes had improved in many countries, the Jobs Strategy was assessed and the recommendations revised (Annex 3.A2).
Several policy areas have been found to have a significant influence on overall employment outcomes. These can be broadly categorised as macroeconomic policies, measures affecting job search and labour force participation, labour- and product-market features affecting labour demand, and education and training. In addition, some policies are found to affect the employment outcomes of particular vulnerable groups. Also, beyond the influence of individual policy measures, there is evidence that different measures can be mutually reinforcing.
Supportive macroeconomic policies help. Macroeconomic policies were judged to have played some role in the improvement in labour market outcomes seen across most of the OECD during the 10 years after the original Jobs Strategy was launched. Inflation, already quite low before 1994, fell somewhat further in most OECD countries, and monetary policy became more forward looking and credible. On the other hand, some OECD countries either experienced or were threatened by deflation, which tends to be unhelpful for employment. Overall, structural fiscal balances were little changed between 1994 and 2004, with a mixed picture across countries. The revised Jobs Strategy reiterated the basic recommendations of the original strategy as regards macroeconomic policy, i.e. that it should aim at price stability and sound public finances so as to keep interest rates low and encourage investment and labour productivity, with potential beneficial effects on employment. Macroeconomic policy is also to be used to help stabilise the economy in order to reduce the risk that transitory increases in unemployment due to adverse shocks become persistent and to ensure that the benefits of structural reforms are brought forward. Monetary policy should pursue medium-term price stability and, within the scope given by that objective, aim to stabilise economic activity, while fiscal policy should aim to restore and maintain sound public finances so that automatic stabilisers can be allowed to operate, supplemented as required and feasible by discretionary policy.
The legal and institutional framework for collective bargaining may be important. One Jobs Strategy finding was that successful labour market outcomes tended to be associated either with highly decentralised or weak collective bargaining, as typically seen in Anglo-Saxon economies, or with highly centralised collective bargaining institutions, as found in Scandinavia, the Netherlands, and a few other countries. An intermediate level of centralisation, typified by the sectoral level bargaining seen in some Continental European countries, was found to generate less satisfactory outcomes. Some other studies have found support for this "hump-shaped" hypothesis concerning co-ordination and centralisation (Elmeskov et al., 1998; Scarpetta, 1996), although the empirical literature remains inconclusive overall (for a survey, see Flanagan, 1999). The finding that a high degree of co-ordination is superior to an intermediate level appears to be robust, however, probably because centralised collective bargaining tends to facilitate wage moderation.
Sectoral bargaining with legal extension of agreements appears to be the worst option for employment. Administrative extension procedures, by which collective agreements bind on parties which were originally non-signatories, were identified as potentially damaging for labour market performance within the context of the original 1994 Jobs Study. By harmonising working conditions across firms within the sector concerned, such procedures prevent wages from reflecting firm-level conditions, notably as regards productivity levels. As a result, the least productive firms and workers are likely to be priced out of product and labour markets, while the most productive firms enjoy rents as they do not have to pay higher wages. Legal extensions also weaken an important restraint on unions' wage demands. Knowing that their wages will be imposed on non-members through statutory extension, unions are less likely to moderate their claims and employers are more likely to agree to them. The experience with the Jobs Strategy shed relatively little light on the effect of changing such arrangements, since in most countries such institutional arrangements change little over time. The labour market outcomes of countries that had already weakened or abandoned such procedures before the Jobs Strategy, such as New Zealand and Australia, were positive, however, and the concern with legal extensions was retained in the revised Jobs Strategy.
Collective bargaining arrangements may not only have direct effects, but can interact with other factors affecting employment outcomes. Some though not all empirical studies have found that high labour taxes are associated with higher unemployment rates (Belot and Van Ours, 2004; Nickell, 1997), and Elmeskov et al. (1998) find that the effects are larger in countries with intermediate centralisation/co-ordination, while Daveri and Tabellini (2001) find a positive interaction between labour taxes and strong trade unions and a low or intermediate degree of centralisation/co-ordination of wage bargaining. Less coordinated bargaining appears to allow trade unions to compensate for higher taxes by pushing up wages, worsening employment outcomes.
Overgenerous unemployment insurance benefits can harm incentives and hinder employment growth. The evidence from cross-country panel regression models suggests that generous benefits tend to raise the equilibrium level of unemployment. In most studies, the impact of benefits on unemployment is highly significant across all alternative specifications and, overall, long benefit duration is found to be more detrimental to employment than high replacement rates. The base-case estimates in the background report to the Jobs Strategy assessment in 2005 imply that a ten percentage point reduction in the gross UI replacement rate would reduce the equilibrium unemployment rate by 1.2 percentage points and increase the employment rate by 2.3 percentage points.
Restrictive product market regulation (PMR) tends to reduce employment. OECD experience suggests that such practices hamper the creation of new businesses in sectors where there is strong potential growth. More generally, they keep prices artificially high and therefore depress average real wages for the economy as a whole. By restricting output, they tend to reduce employment levels in the affected sectors, except when a protected environment allows over-staffing to be maintained, and labour demand may be further reduced if wages in these sectors contain an element of product-market rents. Combining PMR indicators with measures of labour market regulations, Boeri et al. (2000) and Nicoletti etal. (2001) find cross-country evidence that anticompetitive product market regulations adversely affect non-agricultural employment rates of OECD countries. Using time-varying indicators of PMR, Nicoletti and Scarpetta (2004) find that product market reforms contribute to increasing non-agricultural employment rates. There is also evidence (OECD, 2006) of significant interaction between labour and product market regulation, with the combination of both restrictive PMR and too strict EPL being most detrimental for labour market performance.
Tax wedges should be as low as possible. A high tax wedge on labour earnings has been found to negatively influence employment in OECD countries, and tax concessions targeted on low-wage workers have been found effective in shifting labour demand to this group. Most OECD countries made progress in this area during the first 10 years of the Jobs Strategy, and this was found to be one of the contributory factors to better labour market outcomes over that period.
Policies to prevent early exit from school and improve school-to-work transitions can help limit youth unemployment. In many OECD countries, as elsewhere, failure of the school system to provide the young with basic skills and mismatches between initial education and labour-market requirements make school-to-work transitions difficult, and youth suffer disproportionately from long periods of unemployment and short employment spells. One avenue for breaking the vicious circle of cumulative disadvantages for youth has been found to be reducing early exits from education. Outside the education system, the evidence on active labour market programmes (ALMPs) is mixed, but such programmes seem sometimes to help in reducing youth unemployment. Macroeconomic studies generally find a negative effect of ALMP spending on aggregate unemployment, but don't agree on its magnitude (e.g. Scarpetta, 1996; Nickell, 1997, 1998; Nickell and Layard, 1999; Boone and Van Ours, 2004), while microeconomic studies find a positive impact for some types of programmes, but not for others (see Heckman et al., 1999; Martin and Grubb, 2001; Kluve and Schmidt, 2002; Betchermann et al., 2004). Overall, intensive employment services, individual case management and mixed strategies with selective referrals to long-term programmes are found to have the largest impact in OECD countries. The provision of a combination of specially tailored services, ranging from targeted reemployment programmes to remedial education and training, or work experience - with wages set at the appropriate level - is considered the most promising approach. It is also found, however, that apparently similar programmes can yield widely different outcomes, so that detailed programme design is key (OECD, 2005).
Wage subsidies and public works schemes have tended to have disappointing results. Some OECD countries have used wage subsidies, especially for youth, as a way of stimulating labour demand and reducing long-term unemployment.
effects - workers who qualify for a subsidy replace others who do not. As a result, they have often been disappointing in terms of bringing the unemployed into unsubsidised work (Martin, 2000; Martin and Grubb, 2001). Public works schemes suffer from similar problems, and participation in such schemes also appears sometimes to convey a negative signal of employability, reducing the probability of finding a job subsequently.
Employment protection legislation has no clear impact on employment levels, but may impede the efficiency of reallocation. Cross-country panel regression studies generally have not found robust evidence for a significant direct effect of EPL on unemployment. Most empirical studies conclude that EPL is effective at protecting existing jobs but also restrains job creation, so that the net effect on total employment is small in practice. Some studies find that strict EPL tends to compromise the employment prospects for those groups which are most subject to entry problems, such as young workers, women and the long-term unemployed, by reducing labour turnover and hiring (Bertola et al., 2002; Jimeno and Rodriguez-Palanzuela, 2002; OECD, 2004).
One feature of the experience of OECD economies over the past 25 years which is notable, although it has no immediate implications for specific policies, is that large falls in unemployment usually occur without declines in real wages. Although, in theory, a cut in real wages is one way of reducing unemployment, in practice this has not how very high unemployment rates in OECD countries were brought down. For the 5 OECD countries which reduced their unemployment rate by at least 10 percentage points during the past 25 years, the average change in average real wages over the same period was +17%, and the largest fall was 5% (Figure 3.A1.1). Large reductions in high unemployment rates in OECD countries seem generally to involve not a move down a labour demand schedule but an outward shift in that schedule.
Figure 3.A1.1.
In response to high and persistent unemployment in many OECD countries in the late 1980s and early 1990s, the OECD undertook a study of the factors underlying the deterioration of labour market performance. The resulting diagnosis - together with a set of policy recommendations to reduce unemployment, raise employment and increase prosperity - was published in 1994 as the OECD Jobs Study (OECD, 1994). The policy guidelines covered nine broad areas, including macroeconomic policy, creation and diffusion of innovation, entrepreneurial climate and labour force skill development, as well as various aspects of labour-market policies and institutions. In 1995, the inclusion of a recommendation to promote product market competition added a tenth policy area. These ten broad policy guidelines were backed up by almost 70 detailed policy recommendations. The general policy recommendations contained in the Jobs Strategy provide an overall framework for reform which was subsequently used to derive country-specific policy recommendations - tailored to the institutional, social and cultural characteristics of each member country - in the regular country reviews conducted by the Economic and Development Review Committee (EDRC).
Set macroeconomic policy such that it will both encourage growth and, in conjunction with good structural policies, make it sustainable, i.e. non-inflationary.
Enhance the creation and diffusion of technological know-how by improving frameworks for its development.
Increase flexibility of working-time (both short-term and lifetime) voluntarily sought by workers and employers.
Nurture an entrepreneurial climate by eliminating impediments to, and restrictions on, the creation and expansion of enterprises.
Make wage and labour costs more flexible by removing restrictions that prevent wages from reflecting local conditions and individual skill levels, in particular of younger workers.
Reform employment security provisions that inhibit the expansion of employment in the private sector.
Strengthen the emphasis on active labour market policies and reinforce their effectiveness.
Improve labour force skills and competences through wide-ranging changes in education and training systems.
Reform unemployment and related benefit systems - and their interactions with the tax system - such that societies' fundamental equity goals are achieved in ways that impinge far less on the efficient functioning of the labour markets.
Enhance product market competition so as to reduce monopolistic tendencies and weaken insider-outsider mechanisms while also contributing to a more innovative and dynamic economy.
In 2005 the original Jobs Strategy was reviewed, and recommendations were adjusted in the light of the experience of the preceding decade (see OECD, 2006).
Macroeconomic policy should aim at price stability and sound public finances so as to keep interest rates low and encourage investment and labour productivity, with potential beneficial effects on employment.
Macroeconomic policy should be used to help stabilise the economy in order to reduce the risk that transitory increases in unemployment due to adverse shocks become persistent and to ensure that the benefits of structural reforms are brought forward.
â Monetary policy should pursue medium-term price stability and, within the scope given by that objective, aim to stabilise economic activity.
â Fiscal policy should aim to restore and maintain sound public finances so that automatic stabilisers can be allowed to operate, supplemented as required and feasible by discretionary policy. This is particularly important in countries that cannot employ monetary policy for that purpose.
Unemployment benefit replacement rates and duration, as well as social assistance benefits, should be set at levels that do not excessively discourage job search and, especially where they are relatively generous, be made conditional on strictly enforced work-availability criteria as part of well-designed "activation" policies; moderate benefit sanctions should be part of an activation strategy.
Employment services should offer unemployed workers in-depth interviews and, job-search assistance, and participation in active labour market programmes should be compulsory after a certain length of joblessness.
Performance of employment services should be rewarded on the basis of job placement rates and stability in jobs of re-employed workers; active labour market programmes should be regularly assessed to ensure that inefficient programmes are terminated, and that the mix of programmes is adjusted to suit the needs of jobseekers and the labour market.
Gate-keeping measures should be strengthened to avoid individuals with substantial work capacity leaving the labour market via sickness and disability systems; the degree of work capacity of people receiving such benefits should be reviewed periodically; rehabilitation with a labour market orientation should be available to those who have some work capacity; job-search support and financial incentives to go back to work should be provided for those with sufficient work capacity.
Early retirement schemes should be abolished and pension systems reformed so as to remove incentives for early labour market exit; mandatory retirement provisions should be eliminated.
Family-friendly policies, including childcare support, as well as working-time arrangements which help reconcile work and family life, should be implemented so as to remove barriers to employment for those with family commitments.
Employment should be made financially attractive vis-à-vis benefit receipt, including through taxbenefit reform and the provision of in-work benefits to make work pay, without creating excessive tax distortions for those earning higher incomes.
Ensure that minimum wages are set at levels that do not harm job creation significantly for lowproductivity workers.
Payroll taxes on labour should be reduced, especially on low-wage earners, where these are high and the budget situation allows, and health premia should be kept under control.
In countries where sectoral collective agreements prevail, clauses which allow individual firms, through employer-employee agreement, to opt-out from higher-level agreements should be introduced or strengthened, and the administrative extension of collective agreements should be reformed.
Legal impediments to entry of new firms should be removed in all areas where -competition is feasible, and administrative burdens on business start-ups should be reduced; move towards open international trade and investment in goods and services.
Competition-restraining state control of business operations should be reduced.
Obstacles in labour legislation which impede the emergence, through employer-employees agreement, of flexible working-time arrangements should be removed; tax and social security provisions should not discriminate against part-time work or other flexible arrangements which help reconcile work and family life and promote flexible work-to-retirement transitions.
Employment protection legislation should be reformed in countries where it is overly strict, by sanctioning unfair dismissal (notably with respect to gender, age and ethnicity),but reducing constraints on dismissals for economic reasons, making severance costs and administrative procedures more predictable so as to reduce judicial uncertainty and requiring reasonable dismissal notice periods to help laid-off workers find new jobs.
Regulations on fixed-term and temporary contracts may need to be relaxed in some countries, but acting on this plank alone, while leaving legislation on permanent contracts unchanged, may aggravate labour market duality and undermine labour market performance in the long term.
Transitions to formal employment should be promoted through lower taxes on low-paid employment going hand-in-hand with better compliance of other taxes (notably on small businesses); reform of labour regulations and business registration requirement, to make firms more prone to create formal jobs; and closer ties between social protection and work to encourage workers to declare their job.
â ensuring that employment programmes are broad enough to be sensitive to the specific needs of disadvantaged people, including through second-chance schools.
â help combine education with work, notably through improved apprenticeship systems or more informal channels.
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World Cup.
Both the life of Mr Mandela and the hosting of the World Cup share one a common thread: the destruction of old myths and the creation of new realities and possibilities.
A careful reading of Mandela's life story shows him to be a destroyer of myths and a creator of new realities. When Mandela was sent to jail forty eight years ago, he arrived on Robben Island a man who posed a serious threat to the political powers of the time. Prison guards treated Madiba and his fellow prisoners as enemies of the state. Over time, Mandela and his colleagues managed to destroy this myth and helped some of the prison guards to see a new reality, a reality that their prisoners were just as human as themselves and that they were fighting for a just cause.
Because he is not bound to old myths and he is not blind to new realities, Madiba saw - much earlier than most activists - an opportunity to bring an end to apartheid through talks, which he initiated from the confines of his prison cell in 1985 when he wrote to the then Justice Minister Kobie Coetsee. Mandela would later explain: "I chose to tell no one what I was about to do. There are times when a leader must move ahead of the flock, go off in a new direction, confident that he is leading his people in the right direction."
And since his release from prison 20 years ago, Madiba has vanquished many more myths and created many more new realities and possibilities, including that of the World Cup.
In essence, our hosting of the World Cup was, and has been, about the creation of new realities and the destruction of old myths and pessimism about South Africa, and indeed, the rest of Africa. The euphoria we experienced in the past month isn't going to last forever, but the momentum that it created, I believe, will last for many years to come. There existed a big gap between the old myth of a backward continent where lions roamed freely, and the reality of a country that is as capable as Germany in hosting a World Cup tournament.
One economist was quoted recently as saying that the benefits to South Africa, and the rest of Africa of the World Cup, weren't so much about the new infrastructure, the tourist and credit-card spending, but more about changing perceptions about South Africa and, indeed, the rest Africa.
One would certainly hope that our success in hosting the 2010 FIFA World Cup has helped our sceptics catch-up with reality - the reality that we, as a nation, can rise to any challenge, if we so decide. The narrative about South Africa in the international media during the tournament suggests that we did close that gap. Reporting on South Africa has been the most positive since our successful transition to democracy in 1994. Importantly, for once, South Africans were more optimistic than anyone else in the world, more confident about their abilities than anyone else in the world, and more united about the experience they were creating for both the world and themselves.
Just to recap - it took six years of meticulous planning, commitment, and the use of appropriate delivery models to build the required infrastructure: from stadiums, rail, buses and rapid-transport systems, the upgrading of existing airports, the construction of a new airport, the Gautrain, to the improvements to our roads, freeways, and broadcast and telecommunication systems.
We must acknowledge the role of the tens of thousands of people who participated, directly and indirectly, in this construction and enabled, at very different levels from high-level technologically skilled people to lower skilled workers, who worked together to create this 'miracle' we've just experienced.
National government put in some R33 billion into preparations for the World Cup, investment that we saw as part of the long-term development plan for the country, rather than funding a once-off event. We must also remind ourselves that what government was able to put into this project came from the taxpayers of this country, both in the business sector and as individuals, and it is to them also that the credit must go. Hosting the 2010 FIFA World Cup acted as a catalyst for expanding our infrastructure base, skills development, employment creation, and economic growth.
More than three million soccer fans, both local and foreign, attended the 64 games and enjoyed the experience in our stadiums. There were over three thousand hours of broadcast feed that included images of our extraordinary country in all its diversity. This was transmitted through fibre-optic cables and satellites to television sets in two hundred and seventeen countries and territories and with live content, for the first time, using 3D technology. The hosting of the 2010 FIFA World Cup has opened the eyes of the world to who we are as South Africa, and what we are capable of.
We had forecast that the 2010 FIFA World Cup would add 0.5 percentage points to annual growth this year. When we take account of the spending on stadiums and infrastructure since 2006, we find that the level of GDP is about 1 per cent higher than it would have otherwise been.
The hosting of the World Cup had other benefits which are not easily quantifiable and that will be realised over time. These include a boost to our national pride that comes with the realisation that "we can do it".
The tournament undoubtedly boosted our country's standing internationally, showcasing its capabilities in delivering world-class infrastructure on time and without imposing a financial burden on the national fiscus.
Now that the event is over, having been delivered with distinction, it is time look at the lessons learnt and our future infrastructure investments.
There are three key lessons we have learnt from the delivery of 2010 FIFA World Cup projects.
Firstly, complex challenges should be disaggregated into a number of clearly defined undertakings with budgets and cash flow. The complex 2010 FIFA World Cup project was disaggregated into a mere twenty four projects. This enabled all institutions involved to focus on what was required to deliver on time and ultimately ensure a successful event.
Secondly, using clearly defined projects, we need to develop a 'roles and responsibility matrix' that indicates which organisation does what work, and by when. The roles and responsibility matrix apportioned accountability and responsibility in delivering the 2010 FIFA World Cup projects. This was a highly effective instrument for delivering the infrastructure on schedule.
Thirdly, the 2010 FIFA World Cup had an immovable deadline that all parties had to work towards and therefore an overall program with individual project schedules, targets and deadlines was prepared. This kept the overall project tight with little room to manoeuvre and miss deadlines.
These lessons will be taken forward in our public sector infrastructure program, where R846 billion has been committed over the next three years.
We have budgeted that R261 billion will be spent this financial year, increasing to R300 billion in financial year 2013.
More than 45 percent of these funds are committed to the electricity, freight rail and ports sectors. Investing significant resources in these sectors will ensure security of supply of electricity, improved quality of freight and shipping services and therefore growth in our exports, specifically mining and the manufacturing base.
The transport sector plays an important role in connecting our economic nodes to markets and households. As the economy grows, the capacity on the primary road network, the rail network and the container terminals at Ngqura, Cape Town and Durban Harbours will be increased. Along with this investment, operational efficiency must improve.
There is intensive work taking place presently to formulate a long-term infrastructure investment plan. Similarly, we are working at different funding options for both social and economic infrastructure. Once completed, this plan will ensure that South Africa has a sustained and sustainable infrastructure delivery plan.
President John F. Kennedy once said, "It is not the wealth of the nation that builds roads, but the roads that build the wealth of a nation". This applies particularly to rural areas, where improved transport infrastructure often makes a big improvement. Well-developed and maintained infrastructure is essential for a nation's productivity and, ultimately for economic growth and job creation. The infrastructure development process itself leads to job creation and boosts demand for certain goods.
But the indirect benefits of infrastructure improvements on economic activity are probably more important: ensuring that the lights remain on, that there is clean drinking water in the taps, and that people and goods can move around the country efficiently and be shipped abroad quickly and at reasonable cost are crucial to support new investment, raise the productivity of workers and increase exports. All of society benefits when goods and services can be accessed more easily and are more widely distributed throughout the country; something that is not possible if facilitating infrastructure is absent or not functioning properly.
It is for this reason that infrastructure development is a key priority, not only in South Africa but in most emerging market countries today. It is for this reason also that the developed world is taking a second look at emerging markets, because there are many more new possibilities in these markets that don't exist in the developed world itself today, or for the foreseeable future.
The significant resources we committed before the World Cup to strengthen our regional and international integration, by improving infrastructure at our air and land ports of entry and increasing the flow of visitors through our borders will stand the country in good stead for attracting investors and tourists.
But the most important legacy of the World Cup is the renewed confidence in ourselves as a nation that the hosting of the tournament has brought about. The conversation in South Africa today is how to build on this to tackle our most pressing social challenges: public education, health, and unemployment.
Confidence is a key ingredient in any successful endeavour. Rosabeth Moss Kanter, a professor of business administration at the Harvard Business School, wrote that confidence is made up of positive expectations for favourable outcomes.
Confidence influences the willingness to invest - to commit money, time, reputation, emotional energy, or other resources - or to withhold or hedge investment. This investment, or its absence, shapes the ability to perform. In that sense, confidence lies at the heart of civilization. Everything about an economy, a society, an organization, or a team depends on it.
"Every step we take, every investment we make, is based on whether we feel we can count on ourselves and others to accomplish what has been promised. Confidence determines whether our steps - individually or collectively - are tiny and tentative or big and bold."
We took one big, bold step in 1994; we took another one in 2010. The question for us as South Africans is when will we take the next big one It is big and bold steps that we, as a country, must take if we are to put an end to poverty and unemployment?
President Zuma said earlier today, when briefing the media on the outcomes of the Cabinet Lekgotla, that government will soon meet business and labour to discuss how best to improve the quality of life of our people. Those meetings should lay the basis for an agenda that all South Africans should rally around, as they did for the World Cup - an agenda of how best to position South Africa to benefit from the new reality and new possibilities - the new reality of a world with multiple poles of growth. Developing countries such as South Africa have abundant, profitable investment opportunities for industrial development and projects that can improve the efficiency of their infrastructure. South Africa and the rest of Africa can be another source of global growth.
Through the delivery of the infrastructure and successful hosting of the 2010 FIFA World Cup, we have created a new reality and opened up new possibilities for South African and the African continent, as a destination for long-term investment. The challenge for us, as it was for the soccer teams in the final match, is how to operate well as a team. The group of players that operated as the better team came out as victors at the end, and I am sure we will be able to do the same as we take on our next set of challenges as South Africans.
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determine Ngqamakhwe to be the place in that area for the holding of sessions of the said court.
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Column 1 Salary notch effective on 30 June 2009 (R.p.a.
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NOW, THEREFORE, I hereby, under section 2(1) of the Act, refer the matters mentioned in the Schedule, in respect of the Department, for investigation to the Special Investigating Unit established by Proclamation No. R.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Twenty second day of July Two thousand and ten.
Any irregular or fruitless and wasteful expenditure incurred by the Department in respect of the Department's Arts and Culture in Society Programme, the 2010 FIFA World Cup Projects, the Investing in Culture Programme and the Cultural Development Programme.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Twenty first day of July Two thousand and ten.
The mismanagement of the remuneration or benefits of officials or employees of the Department and losses resulting therefrom.
The remuneration or granting of benefits to officials or employees of the Department or other persons whilst such officials, employees or other persons were not entitled to such remuneration or benefits or any part thereof.
The failure by the Department to take appropriate steps to recover remuneration and employee benefits paid out or granted incorrectly or erroneously.
NOW, THEREFORE, I hereby, under section 2(1) of the Act, refer the matters mentioned in the Schedule, in respect of the Department for investigation to the Special Investigating Unit established by Proclamation No. R.
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The South African government has made clear its intention to introduce environmental taxes and incentives to ensure that our economic growth is directed towards a more sustainable path. In the 2009 Budget, the Minister of Finance announced a reform of the ad valorem excise duty on motor vehicles (both motor cars and light commercial vehicles) to include a CO2 emissions component. This was in line with an earlier proposal by the then Department of Minerals and Energy (in 2004) to encourage the use of more fuel efficient vehicles through the taxation of tax 'gas guzzlers', meaning vehicles with a high engine capacity such as double cabs/4x4s which are not fuel efficient. Research also indicated close correlations between vehicle engine size, fuel efficiency, and CO2 emissions. It is in this context that the 2009 Budget proposal to tax vehicle CO2 emissions was framed.
After consultation with the National Association of Automobile Manufacturers of South Africa (NAAMSA), it was agreed that the implementation of the proposed vehicle CO2 emissions tax would be delayed and reformed into a specific tax. This amendment was announced in 2010 Budget, to take effect on 1 September 2010. The industry also requested that the tax be limited to passenger vehicles because there was no data on CO2 emissions by light commercial vehicles, which is why the 2010 Budget Review only refers to passenger vehicles.
It was always the intention that the definition of passenger vehicles would include double cabs and by inference small bakkies because these are often used as passenger vehicles. The one legal hurdle was that the harmonized code of classification in terms of the Customs and Excise Act, under whose umbrella the CO2 emissions tax is being implemented, defines double cabs (4X4) and some smaller bakkies as light commercial vehicles.
"a motor car, station wagon, minibus, double cab light delivery vehicle and any other motor vehicle of a kind normally used on public roads, which has three or more wheels and is constructed or converted wholly or mainly for the carriage of passengers, ".
Since it was not possible to use VAT definition of a passenger car for the purpose of implementing CO2 emissions tax under the umbrella of the Customs and Excise Act, National Treasury decided to include in the definition of a passenger car all categories of light commercial vehicles, as defined in the harmonised code of classification, but excluding light trucks.
The motor industry has objected to the inclusion of double cabs and small bakkies as passenger vehicles in the proposed vehicle CO2 emissions tax net. The industry argues that these vehicles are classified as light commercial vehicles which should be excluded from the CO2 vehicle emissions tax. In addition, the industry says that emissions data for light commercial vehicles are not available.
National Treasury has always intended to include double cab vehicles in the first phase of the implementation of the CO2 vehicle emissions tax. This is in line with the intent of the VAT Act and the fact that double cabs are mainly used as passenger vehicles. Including double cabs in the CO2 vehicle emissions tax net is also in line with the original intent of this proposed tax: the taxation high engine capacity vehicles to discourage the use of vehicles are not fuel efficient and encourage the shift to the more fuel efficient ones.
In addition, the National Regulator for Compulsory Specifications, a subsidiary of the South African Bureau of Standards (SABS), has also confirmed that data on CO2 emissions expressed as g/km is available for all vehicles. It is also possible to calculate a vehicle's CO2 emissions based on its engine size. Since most small single cab bakkies and their double cab equivalents have similar engine sizes, these two categories of vehicles should be treated the same for the purpose of the vehicle CO2 emissions tax. Against this background, the request by the industry to exclude double cabs and small bakkies from the vehicle CO2 emissions tax can therefore not be accepted.
The CO2 vehicle emissions tax will be collected and paid over to the South African Revenue Services by the vehicle manufactures and /or importers. A part (or all) of the CO2 vehicle emissions tax is thus likely to be built into the price the manufacturer or importer charges their clients. It will be good practice if dealers could reflect on the invoices to their clients the CO2 emissions of each vehicle and the estimated total CO2 emissions tax.
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National Treasury and SARS have today (3 August 2010) released a response to public comments on the 2010 Taxation Laws Amendment Bills (available on www.treasury.gov.za). The response document was earlier today presented to the Standing Committee on Finance in Parliament.
The response document addresses the various comments received on the draft Taxation Taws Amendment Bills, 2010, which were published for public comment on 10 May 2010. The Standing Committee on Finance convened hearings on 1 June 2010 to review taxpayer comments. National Treasury and SARS also requested written comments by 11 June 2010, and held four public workshops in late June/early July to further facilitate resolution of issues. The workshops covered business and international issues; individual, savings and administration issues; royalty issues; and Islamic finance issues.
The response document covers a wide array of policy issues raised by commentators, but is not intended to be exhaustive. Significant issues are highlighted below. The final Bills are expected to be tabled before the end of this month. The current draft of the amendment Bills can be found on the National Treasury and SARS websites.
ï· Under the initial proposal, all employer-provided motor vehicles would have in an initial year-end inclusion for employees based on a 4 per cent monthly calculation. However, this inclusion can be reduced by business use and certain private costs incurred by employees. For Pay-As-You-Earn purposes, the monthly inclusion rate was set at 3.2 per cent (80 per cent of the 4 per cent rate).
ï· Three significant policy changes will be made in response to public comment.
3.5 per cent. Secondly, the rate will be reduced by a further 0.25 per cent if the cost of the employer-provided vehicle includes a full maintenance plan. Thirdly, the monthly Pay-As-You-Earn rate will be reduced from 80 per cent to 20 per cent for vehicles intended to have no more than 20 per cent private use. Employers will be jointly liable in cases where the rate is incorrectly reduced.
ï· Under the initial proposal, the interest exemption threshold for natural persons was to be limited to interest received from certain sources (e.g. bank deposits, listed bonds and government paid interest). Other forms of interest were to fall outside the exemption.
ï· Due to concerns that the proposal may not have the impact intended, the proposal is withdrawn. However, it should be noted that questions exist whether the interest exemption actually promotes savings.
ï· A new anti-avoidance amendment had been proposed in response to the Standard Bank court decision. The proposal would have reduced the level of deductions relating to financial instruments if the taxpayer could not prove the source of funding of the financial instruments whose income is exempt from tax.
ï· The proposed anti-avoidance amendment will be withdrawn due to concerns that the amendment would cause more difficulties than it would cure. However, it should be noted that Government remains concerned about the number of dividend and other income from financial instruments that are acquired solely to reduce taxable income. It should also be noted, as a matter of interpretation, that the Standard Bank decision cannot be read as a blank ticket for deposit-taking institutions to acquire financial instruments whose income is except from tax without adhering to the rigors of the section 11(a) deduction formula.
ï· In 2009, a window was granted allowing taxpayers to transfer residences out of pre-existing companies or trusts created to avoid the payment of transfer duty (an arrangement which is no longer allowed). After taking into account criticisms of the 2009 window, amendments were proposed in 2010 to provide a more flexible regime. The 2010 amendments also required in return for the exemption from transfer duty, the distributing company or trust be liquidated, wound up, or deregistered.
ï· It is now proposed that the 2010 regime be further widened to allow for a more complete array of distributions. Firstly, the distribution rules will no longer be restricted to the originating funders (and their spouses). Qualifying distributions can be made to a broader set of shareholders or beneficiaries. Secondly, the revised relief will accommodate multi-tier structures. Nonetheless, the requirement that the distributing company or trust (including structures with multiple tiers) is liquidated, wound-up, or deregistered in order to qualify for the relief on transfer duty remains unchanged.
ï· Under the initial proposal, the cross-border interest exemption was to be limited to cross-border portfolio interest flows and to trade finance. Immobile interest flows other than trade finance would become taxable at ordinary rates.
ï· Despite strong opposition, the proposal will proceed, with some modifications. While it may be argued that the current open-ended exemption may act as an implicit incentive for foreign investment and offshore borrowing, the risks to the tax base are too high and any benefits are probably outweighed by the deadweight loss to the fiscus. That said, it is conceded that the proposed taxation of cross-border interest should come in the form of a 10 per cent final withholding tax so as to be more consistent with international practice. The effective date of the proposal will also be delayed until 1 January 2013 in order to renegotiate certain tax treaties with zero interest ceilings to the extent those treaties can lead to a continuing erosion of the tax base.
ï· The amended version of the Bill contains a new provision addressing the taxation of limited liability companies, limited liability partnerships and other hybrid entities. In essence, these entities will be treated as conduit entities (i.e. as domestic partnerships) if so treated abroad. The proposal stems from concerns about ongoing uncertainty in relation to these entities and will assist foreign investors who use foreign limited liability companies and partnerships as regional investment funds. This proposal will be effective from 1 October 2011 to allow time for comment should the proposal result in unintended anomalies.
ï· The royalty requires a minimum level of extraction and value addition for establishing the royalty base and rate. Many minerals currently have a specified range, most notably iron ore and coal. In these circumstances, the proposed legislation required minerals below the range to be charged at the minimum level, minerals within the range to be charged as transferred and minerals above the range to be charged at the top minimum level.
ï· It has been determined that the current range rule indirectly undermines beneficiation. Under the revised approach, minerals falling below the minimum range will still be charged at the minimum level. However, minerals above the minimum level will only be taxed at the higher level if the higher level was not reached due to a beneficiation process. Under this revised system, iron ore will have a 61.5 per cent minimum Fe content level and coal will have a 19 MJ (Grade D) ash content minimum level. It should also be noted that the specified levels relating to certain aggregate sands will be adjusted to better account for current practice.
<fn>GOV-ZA.2010081001En.2012-02-10.en.txt</fn>
On 21 April 2010, Cabinet announced the need to amend the South African Reserve Bank Act of 1989 to ensure that it meets its constitutional mandate. These amendments are designed to enhance the governance of the Reserve Bank and to uphold its public interest role.
Mister Chairperson, the public interest principle forms the cornerstone of a central bank, and particularly that of the South African Reserve Bank.
The central bank, Mister Chairperson, derives its mandate from the Constitution, read together with the South African Reserve Bank Act of 1989. The Constitution of this country mandates the Reserve Bank to protect the value of the Rand in the interest of balanced and sustainable growth. It must do so without fear, favour or interference. The Reserve Bank is also responsible for the supervision of banks. As the US financial crisis has reminded us, the supervision of banks is a crucial task. South Africans did not experience the financial crisis partly because of the quality of work of the supervision department of the Reserve Bank.
The Reserve Bank also manages the country's foreign exchange reserves and flows of money between South Africa and the rest of the world. It is also responsible for the national payment system, which enables the transfer of money from one party to another. I am sure that you will agree with me that an institution to which we have delegated such important responsibilities must be stable at all times. There's too much at stake for us as South Africa. The Reserve Bank cannot be distracted from its mission by self-interested shareholders.
As members of this house will be aware, there has been a lot of debate and speculation about the role of private shareholders in the Reserve Bank. Our approach in this matter is driven by practical considerations and by what is in the best interest of South Africa. The nature of ownership of the Reserve Bank does not matter that much, as long as the Bank fulfils its public interest role. This is borne out in reality by the fact that you have other central banks in the world including those in Japan, USA, and Switzerland, that have private shareholders.
Mister Chairperson, the amendment Bill tabled in this House today seeks to strengthen the balance between the interest of the country and the interest of shareholders.
This balance is important, since we all need a Reserve Bank that focuses on its Constitutional mandate without undue interference by self-interested shareholders. It is for this reason, Mister Chairperson, that existing private shareholders should not treat the Reserve Bank as a profit making institution. Private shareholders must have rights, but limited rights. From its inception, it has always been the intention, that the rights of public shareholders will be secondary to the public interest role of the Reserve Bank.
ï· Finally, it prohibits shareholding by nominees.
These restrictions seek to ensure that there is no excessive and negative influence on the operations and management of the Reserve Bank as a public interest entity.
It has come to light, Mister Chairperson, that some shareholders have been trying to get around these restrictions. Their ultimate aim is to derive private gain.
ï· Acquired shares above the existing limit of 10 000 by using associates; ï· They have offered payments to fellow shareholders to vote them in as directors; and ï· Demanded the right to share in the profits of the Bank but without the right to share in the losses of the Bank.
Mister Chairperson, these are not the actions of shareholders who believe in the public interest role of the Reserve Bank or have the interest of South Africa at heart.
However, private shareholders, with limited rights, still have an important role to play in a public interest entity like the Reserve Bank. In particular, they support and enhance the independence of the Reserve Bank and its governance.
The Amendment Bill tabled in the House today, Mister Chairperson, seeks to uphold the nature and importance of the Reserve Bank as a public interest entity, created by Government, for the benefit of all South Africans.
These amendments, Mister Chairperson, have won praise from the international community. In its 2010 survey of South Africa, the Organisation for Economic Cooperation and Development (OECD) described the Reserve Bank Amendment bill as "a sensible response to the problem of rogue shareholders seeking to undermine the independence of the SARB".
In concluding, Mister Chairperson, I would like to touch upon another important principle regarding the Reserve Bank. The role of the Board of the Reserve Bank should never be confused with the role of the Monetary Policy Committee. The MPC, which is constituted by the executive directors (Governor and the three Deputy Governors) and professional members of the Reserve Bank, implements the monetary policy framework. The Board of the Reserve Bank is purely a governance and management board, and not a policy board. In this regard, the independence of the Reserve Bank in meeting its constitutional mandate remains intact despite the current amendments.
Mister Chairperson, I would also like to explain the urgency of the Bill. The Board of the Reserve Bank currently has three vacancies. It is the desire of the Governor and Government that these vacant positions be filled with fit and proper persons with the assistance of the Panel. This would also mean that the best candidates should be available for election at the Reserve Bank's AGM due later this year. Secondly, both Cabinet and the Governor felt that the potential destabilisation of the Reserve Bank by a few shareholders warranted urgent attention.
I would like to take this opportunity to thank the Governor of the Reserve Bank and her legal team for their hard work and assistance in drafting this Bill, Deputy Minister Nhlanhla Nene, the National Treasury Director-General Lesetja Kganyago and his team for contributing to drafting the Bill, the Standing Committee on Finance under the steady hand of Mr Thaba Mufamadi for their sterling work with regard to the processing of the Bill.
Mister Chairperson, I hereby request that this House pass the South African Reserve Bank Amendment Bill, 2010.
<fn>GOV-ZA.20100810gg33451procr42spestribunalsEn.2012-02-10.en.txt</fn>
WHEREAS allegations as contemplated in section 2(2) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No. 74 of 1996) (hereinafter referred to as the "Act"), have been made in respect of the affairs of the South African Police Service, as established by section 5 of the South African Police Service Act, 1995 (Act No.
NOW, THEREFORE, I hereby, under section 2(1) of the Act, refer the matters mentioned in the Schedule, in respect of the Service for investigation to the Special Investigating Unit established by Proclamation No.
offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, and which offences were committed in connection with the affairs of the Service; or unlawful or improper conduct by any person, which has caused or may cause serious harm to the interests of the public or any category thereof, which have taken place between 1 January 2005 and the date of publication of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including the recovery of any losses suffered by the Service, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this First day of August Two thousand and ten.
conducted or facilitated by or through the intervention of officials, officers, employees, personnel or members of the Service (hereinafter collectively referred to as "the Service's personnel") with undeclared conflicts of interest; or conducted or facilitated by the manipulation of the Service's supply chain management, procurement or information system management processes by property owners, property managers, contractors, suppliers or service providers (hereinafter collectively referred to as "the Service's suppliers and service providers") of the Service; or by, in collusion with or through the intervention of the Service's personnel, to unduly benefit themselves or others.
fruitless and wasteful expenditure; or expenditure not due, owing and payable, in relation to payments made to agents of the Service (including the DPW and SITA) or to the Service's suppliers and service providers for goods, works or services, including leased accommodation procured by or on behalf of the Service.
Non-compliance with the provisions of the Government Immovable Asset Management Act, 2007 (Act No. 19 of 2007), or the conditions of the "devolution of custodial responsibilities of functional assets" process embarked upon by the DPW, the Service and National Treasury, inter alia, due to the manner in which the Service's Building Services have been conducting their projects.
Unlawful or irregular conduct by the Service's personnel, the Service's suppliers and service providers or third parties relating to any one or more of the aforementioned allegations.
<fn>GOV-ZA.20100810regcourtsdailysunadEn.2012-02-10.en.txt</fn>
The Department of Justice and Constitutional Development has amended the Magistrate's Courts Act 32 of 1944 giving powers to Regional Courts to deal with civil cases.
Courts Amendment Act which came into effect on 9th August 2010, the National Woman's Day.
The Regional Courts were established in 1952 to deal with serious criminal offences and mete out harsher penalties. The amendments increase access to justice to members of the public, in particular, women and children who go to courts daily for the resolution of family related disputes relating to divorce; maintenance; adoption; and matters relating to custody of minor children.
Family disputes including: divorce; maintenance; adoption; and matters relating to custody of minor children.
Disputes over movable and immovable property of between R100 000 to R300 000 which were dealt with by the High Court before the amendment.
Credit Agreements of between R100 000 to R300 000.
Road Accident Fund Claims of between R100 000 to R300 000.
There are now 62 more Regional courts to deal with same workload that the 3 former divorce courts.
This will assist in reducing case backlogs both at the High Courts and Magistrates Courts.
Proceedings in the High Courts are complex to the extent that attorneys and advocates are usually instructed resulting in high litigation costs.
Regional courts have a reduced scale of costs in relation to the High Court, and simplified proceedings which includes the use of mediation in resolving civil disputes.
Registrars and assistant registrars appointed at each regional court to provide assistance to member of the public.
You can approach the court in person or through a lawyer.
The amended rules of the Magistrates' Court which provide processes and procedures have been published in the Government Gazette and maybe obtained.
You may contact the registrar or assistant registrar appointed at each of the 62 courts.
Follow this link to view the PDF of Regional Courts and areas of jusridiction.
<fn>GOV-ZA.2010081201En.2012-02-10.en.txt</fn>
The first quarter provincial budget statement of receipts and payments, published by the National Treasury on 30 July 2010, covers spending in provinces for the first quarter of the 2010/11 financial year, which ended 30 June 2010. It is published in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) and is available on the treasury website at www.treasury.gov.za.
The information is sourced from the Section 40(4) PFMA reports signed by each head of provincial department to their provincial treasury, and submitted to the National Treasury by 22 July 2010. Queries on spending or budget numbers should therefore, in the first instance, be referred to the relevant head official of the provincial department, and in the second instance to the head official of the provincial treasury. Queries on conditional grants may also be referred to the relevant head official of the administering national department.
In aggregate, provinces have spent 22.9 per cent or R75.7 billion of their budgets of R329.8 billion for the first quarter.
4.8 per cent, as spending was R3.5 billion higher than for the same period last year.
Education expenditure totalled R33.2 billion or 24.1 per cent of the R137.4 billion combined education budgets.
(41.7 per cent). The spending pattern reflects a 10 per cent or R3 billion increase over the same period last year.
Health expenditure totalled R23.3 billion or 23.7 per cent of the R98.4 billion combined health budgets and is the second largest item on provincial budgets (29.8 per cent). The spending pattern reflects a 11.5 per cent or R2.4 billion increase compared with the same period last year.
Social development spending for the first quarter is 20.2 per cent, or R2.1 billion of the R10.2 billion social development budgets.
Personnel expenditure, in aggregate, is at 24.7 per cent or R45.8 billion of the R185.7 billion personnel budgets.
In aggregate, provinces spent 16.4 per cent or R4.2 billion of their R25.4 billion combined capital budgets. This is a decline of 21.2 per cent when compared to the same period in 2009/10.
Provincial education departments spent 13.7 per cent or R982.9 million of their R7.2 billion education capital budgets. This is 38.4 per cent or R613.4 million less than spending over the same period of the previous financial year.
Provincial health departments improved on capital spending. They have spent 18.5 per cent or R1.6 billion against their R8.8 billion health capital budgets, which is 7.3 per cent or R111.3 million more than the same period for 2009/10.
The second highest share of provincial capital budgets, after health, is for public works, roads and transport departments at 29.2 per cent. The sector spent 18 per cent or R1.3 billion against its combined capital budgets of R7.4 billion.
Provincial own revenue collected thus far is at 21.9 per cent or R2.1 billion of the total own revenue budget of R9.5 billion. National government has transferred R65.2 billion of the equitable share and R15.9 billion in conditional grants to provinces, during the first quarter of the 2010/11 financial year.
A more detail analysis of the expenditure outcome as at 30 June 2010 is set out in Annexure A, which also includes a comparative spending analysis for the same period over the 2009/10 financial year.
The budgeted figures for provinces are based on the 2010/11 estimates of provincial revenue and expenditure documents (main budgets) tabled in the various provincial legislatures during February and March 2010.
Table 1 indicates that provinces have spent 22.9 per cent or R75.7 billion of budgeted expenditure of R329.8 billion for the first quarter into the current financial year. Spending against budgets for the first quarter is at a lower level in percentage terms when compared to spending against budgets over the same period for the 2009/10 financial year (24.9 per cent).
However, in nominal terms, spending is 4.8 per cent or R3.5 billion more than for the same period last year when provinces had spent R72.2 billion. Between provinces, spending ranges from the lowest share of 20 per cent in North West and 21.2 per cent in Free State, to the highest at 25.3 per cent in Gauteng and 24.8 per cent in Eastern Cape.
Eastern Cape 38 703 055 5 871 753 3 648 987 - 48 223 795 9 961 830 1 269 312 719 607 96 11 950 845 24.
Free State 15 990 595 3 379 994 2 010 425 - 21 381 014 3 542 902 789 135 199 662 758 4 532 457 21.
Gauteng 45 551 221 12 173 767 3 131 658 - 60 856 646 11 057 848 4 022 356 324 210 167 15 404 581 25.
Kw aZulu-Natal 53 728 085 8 409 339 6 607 601 332 338 69 077 363 12 084 868 1 948 628 1 259 083 246 15 292 825 22.
Limpopo 32 007 273 4 943 025 2 702 293 100 39 652 691 7 291 426 1 098 724 232 416 - 8 622 566 21.
Mpumalanga 20 784 225 3 132 785 2 183 575 - 26 100 585 4 768 537 772 965 448 650 - 5 990 152 23.
Northern Cape 7 098 874 1 021 776 1 041 856 - 9 162 506 1 608 986 240 950 176 317 - 2 026 253 22.
North West 16 586 756 3 906 870 1 620 731 21 22 114 378 3 485 282 578 272 348 874 - 4 412 428 20.
Western Cape 24 889 882 5 868 902 2 478 975 3 733 33 241 492 5 663 376 1 311 509 472 672 505 7 448 062 22.
Total 255 339 966 48 708 211 25 426 101 336 192 329 810 470 59 465 055 12 031 851 4 181 491 1 772 75 680 169 22.
Provinces have budgeted R246.1 billion for social services, which includes spending on education, health and social development.
Education 137 438 683 33 183 268 24.1% 43.8% 56.6% 30 180 129 10.
Health 98 380 858 23 341 156 23.7% 30.8% 39.8% 20 927 930 11.
Social Development 10 235 907 2 065 407 20.2% 2.7% 3.5% 1 969 075 4.
Total 246 055 448 58 589 831 23.8% 77.4% 100.0% 53 077 134 10.
Spending on social services is recorded at R58.6 billion or 23.8 per cent of the total provincial social services budgets for the first quarter of 2010/11.
Education budgets of R137.4 billion comprise 41.7 per cent of total provincial budgets. Table 3 indicates that education expenditure is at 24.1 per cent or R33.2 billion of the total education budget, an increase of 10 per cent or R3 billion compared to the R30.2 billion spent over the same period in 2009/10.
21.8 per cent and Free State at 23.2 per cent to the highest in Gauteng at 25.1 per cent and KwaZulu-Natal at 25 per cent.
Eastern Cape 22 679 786 5 486 221 24.2% 45.9% 57.4% 5 052 039 8.
Free State 8 539 463 1 977 182 23.2% 43.6% 58.1% 1 934 035 2.
Gauteng 22 485 539 5 634 674 25.1% 36.6% 49.9% 5 248 438 7.
Kw aZulu-Natal 29 034 762 7 245 130 25.0% 47.4% 58.9% 5 987 857 21.
Limpopo 18 814 610 4 504 313 23.9% 52.2% 65.3% 4 050 268 11.
Mpumalanga 11 530 252 2 703 330 23.4% 45.1% 61.0% 2 641 005 2.
Northern Cape 3 457 789 810 234 23.4% 40.0% 53.4% 776 770 4.
North West 9 050 791 1 971 575 21.8% 44.7% 59.4% 1 971 839 0.
Western Cape 11 845 691 2 850 609 24.1% 38.3% 48.6% 2 517 878 13.
Total 137 438 683 33 183 268 24.1% 43.8% 56.6% 30 180 129 10.
Spending on goods and services (which includes learner and teacher support material) in education is recorded at 14 per cent or R2.1 billion of its R14.7 billion budget. It comprises approximately 10.7 per cent of total provincial education budgets.
Eastern Cape 17 372 413 4 559 650 26.2% 59.8% 83.1% 3 701 287 23.
Free State 6 666 435 1 620 337 24.3% 55.6% 82.0% 1 368 536 18.
Gauteng 16 100 096 4 112 353 25.5% 53.8% 73.0% 3 338 286 23.
Kw aZulu-Natal 22 022 542 5 597 653 25.4% 58.9% 77.3% 4 556 907 22.
Limpopo 14 667 809 3 736 701 25.5% 60.4% 83.0% 3 097 787 20.
Mpumalanga 9 217 097 2 202 194 23.9% 60.6% 81.5% 1 862 182 18.
Northern Cape 2 674 086 640 380 23.9% 55.1% 79.0% 558 767 14.
North West 6 814 710 1 673 003 24.5% 56.9% 84.9% 1 423 215 17.
Western Cape 9 107 962 2 177 538 23.9% 51.8% 76.4% 1 805 147 20.
Total 104 643 150 26 319 809 25.2% 57.4% 79.3% 21 712 114 21.
The bulk of education expenditure is on personnel (79.3 per cent). Current spending on education personnel amounts to 25.2 per cent or R26.3 billion of the education personnel budgets of R104.6 billion (table 4).
Spending by provinces ranges from the lowest in three provinces, Mpumalanga, Western Cape and Northern Cape all at 23.9 per cent, to the highest in Eastern Cape at 26.2 per cent and both Gauteng and Limpopo at 25.5 per cent.
Education capital expenditure is at 13.7 per cent or R982.9 million of the R7.2 billion budget. This is significantly lower by 38.4 per cent or R613.4 million less than spending over the same period of the previous financial year.
Eastern Cape 1 253 894 97 001 7.7% 13.5% 1.8% 280 637 -65.
Free State 305 929 19 953 6.5% 10.0% 1.0% 193 560 -89.
Gauteng 1 139 032 37 849 3.3% 11.7% 0.7% 141 844 -73.
Kw aZulu-Natal 2 229 985 612 121 27.4% 48.6% 8.4% 432 882 41.
Limpopo 1 085 512 55 369 5.1% 23.8% 1.2% 288 488 -80.
Mpumalanga 457 725 83 773 18.3% 18.7% 3.1% 72 488 15.
Northern Cape 69 753 12 808 18.4% 7.3% 1.6% 24 098 -46.
North West 294 276 30 951 10.5% 8.9% 1.6% 84 832 -63.
Western Cape 315 552 33 099 10.5% 7.0% 1.2% 77 498 -57.
Total 7 151 658 982 924 13.7% 23.5% 3.0% 1 596 327 -38.
Spending by provinces ranges from the lowest in Gauteng at only 3.3 per cent and Limpopo at 5.1 per cent to the highest in KwaZulu-Natal at 27.4 per cent and Northern Cape at 18.4 per cent.
Health budgets totalling R98.4 billion comprise 29.8 per cent of total provincial budgets.
Eastern Cape 13 340 872 3 723 675 27.9% 31.2% 39.0% 3 206 610 16.
Free State 6 151 710 1 242 702 20.2% 27.4% 36.5% 1 150 880 8.
Gauteng 20 072 001 5 241 927 26.1% 34.0% 46.4% 4 290 190 22.
Kw aZulu-Natal 21 657 681 4 777 815 22.1% 31.2% 38.8% 4 679 772 2.
Limpopo 10 534 963 2 175 004 20.6% 25.2% 31.5% 2 000 617 8.
Mpumalanga 6 420 715 1 569 207 24.4% 26.2% 35.4% 1 514 615 3.
Northern Cape 2 657 301 605 926 22.8% 29.9% 39.9% 528 498 14.
North West 5 582 752 1 222 533 21.9% 27.7% 36.8% 1 207 064 1.
Western Cape 11 962 863 2 782 367 23.3% 37.4% 47.4% 2 349 684 18.
Total 98 380 858 23 341 156 23.7% 30.8% 39.8% 20 927 930 11.
Table 6 indicates that health expenditure is at 23.7 per cent or R23.3 billion of the total health budget, representing an increase of 11.5 per cent or R2.4 billion compared to spending over the same period in 2009/10.
20.2 per cent and 20.6 per cent respectively. The highest shares are recorded in Eastern Cape at 27.9 per cent and Gauteng at 26.1 per cent.
Table 7 indicates that health personnel expenditure is R13.7 billion or 24.6 per cent of the health personnel budget, an increase of R2.3 billion or 20.2 per cent compared to the R11.4 billion spent over the same period in 2009/10.
Eastern Cape 7 919 339 2 093 038 26.4% 27.4% 56.2% 1 835 547 14.
Free State 3 575 952 855 226 23.9% 29.3% 68.8% 706 938 21.
Gauteng 10 582 546 2 791 675 26.4% 36.5% 53.3% 2 139 136 30.
Kw aZulu-Natal 12 739 583 2 992 412 23.5% 31.5% 62.6% 2 565 332 16.
Limpopo 6 499 398 1 519 475 23.4% 24.6% 69.9% 1 307 345 16.
Mpumalanga 3 476 417 851 618 24.5% 23.4% 54.3% 687 586 23.
Northern Cape 1 167 528 280 659 24.0% 24.1% 46.3% 231 171 21.
North West 3 026 617 743 109 24.6% 25.3% 60.8% 646 377 15.
Western Cape 6 609 793 1 549 763 23.4% 36.9% 55.7% 1 258 611 23.
Total 55 597 173 13 676 975 24.6% 29.9% 58.6% 11 378 043 20.
Spending on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure, is recorded at 23.6 per cent or R8 billion of the R33.9 billion budget.
Capital expenditure in the health sector is at 18.5 per cent or R1.6 billion. This represents an increase of 7.3 per cent or R111.3 million more than the R1.5 billion spent over the same period last year.
Eastern Cape 1 282 012 301 473 23.5% 41.9% 8.1% 202 897 48.
Free State 617 943 43 009 7.0% 21.5% 3.5% 69 398 -38.
Gauteng 1 690 643 261 427 15.5% 80.6% 5.0% 302 211 -13.
Kw aZulu-Natal 1 649 148 261 749 15.9% 20.8% 5.5% 418 179 -37.
Limpopo 1 002 858 116 783 11.6% 50.2% 5.4% 137 882 -15.
Mpumalanga 791 158 182 242 23.0% 40.6% 11.6% 52 968 244.
Northern Cape 478 298 84 914 17.8% 48.2% 14.0% 60 109 41.
North West 419 345 213 537 50.9% 61.2% 17.5% 158 979 34.
Western Cape 906 687 173 813 19.2% 36.8% 6.2% 125 063 39.
Total 8 838 092 1 638 947 18.5% 39.2% 7.0% 1 527 686 7.
Between provinces, with a varying degree of spending, the lowest rate of health capital spending is in Free State at 7 per cent and Limpopo at 11.6 per cent with the highest in North West and Eastern Cape at 50.9 per cent and 23.5 per cent respectively.
Social development budgets, at R10.2 billion, comprise 3.1 per cent of total provincial budgets.
Provinces registered spending of 20.2 per cent or R2.1 billion of their R10.2 billion budget. This represents an increase of 4.9 per cent or R96.3 million above the R2 billion spent over the same period last year.
Between provinces, there are varying degrees of spending, with the lowest being in North West at only 16.6 per cent and KwaZulu-Natal at 17.2 per cent while the highest are Limpopo at 26.9 per cent and Free State at 25.1 per cent.
Eastern Cape 1 560 151 348 067 22.3% 2.9% 3.6% 310 822 12.
Free State 721 690 180 972 25.1% 4.0% 5.3% 129 533 39.
Gauteng 2 165 370 410 365 19.0% 2.7% 3.6% 389 341 5.
Kw aZulu-Natal 1 668 170 286 414 17.2% 1.9% 2.3% 399 383 -28.
Limpopo 805 705 216 759 26.9% 2.5% 3.1% 130 638 65.
Mpumalanga 881 447 159 870 18.1% 2.7% 3.6% 141 895 12.
Northern Cape 464 212 102 412 22.1% 5.1% 6.7% 75 921 34.
North West 749 875 124 700 16.6% 2.8% 3.8% 145 048 -14.
Western Cape 1 219 287 235 848 19.3% 3.2% 4.0% 246 494 -4.
Total 10 235 907 2 065 407 20.2% 2.7% 3.5% 1 969 075 4.
Housing and local government budgets at R20.8 billion comprise 6.3 per cent of total provincial budgets.
Housing and local government spending at the end of the first quarter is at 17.4 per cent or R3.6 billion of the R20.8 billion budget (table 10). This represents a significant decrease of 20.7 per cent or R941 million less than the R4.5 billion spent over the same period last year.
Spending varies between provinces with the lowest being in North West at 12 per cent and Free State at 13.5 per cent while the highest are Northern Cape at 23.7 per cent and Western Cape at 20.9 per cent.
Eastern Cape 2 533 676 509 141 20.1% 4.3% 59.8% 515 863 -1.
Free State 1 684 961 227 046 13.5% 5.0% 56.6% 343 303 -33.
Gauteng 4 511 575 833 136 18.5% 5.4% 78.4% 1 392 817 -40.
Kw aZulu-Natal 4 173 516 627 943 15.0% 4.1% 47.7% 762 170 -17.
Limpopo 1 885 787 314 655 16.7% 3.6% 59.9% 460 647 -31.
Mpumalanga 1 601 587 316 704 19.8% 5.3% 62.2% 312 865 1.
Northern Cape 493 017 116 908 23.7% 5.8% 59.5% 113 950 2.
North West 1 704 199 204 679 12.0% 4.6% 68.0% 228 379 -10.
Western Cape 2 163 261 452 855 20.9% 6.1% 84.1% 414 027 9.
Total 20 751 579 3 603 067 17.4% 4.8% 65.5% 4 544 021 -20.
Most of the housing and local government expenditure is on the Human Settlements Development conditional grant. Table 11 indicates that provinces spent 15.7 per cent or R2.4 billion of their R15 billion housing conditional grant. These spending figures are less by 28 per cent or R916.9 million over the same period last year.
Eastern Cape 1 598 646 304 217 19.0% 2.5% 12.9% 295 942 2.
Free State 1 300 691 128 435 9.9% 2.8% 5.4% 287 762 -55.
Gauteng 3 771 831 653 410 17.3% 4.2% 27.7% 1 156 586 -43.
Kw aZulu-Natal 2 714 109 299 822 11.0% 2.0% 12.7% 364 577 -17.
Limpopo 1 234 750 188 548 15.3% 2.2% 8.0% 364 473 -48.
Mpumalanga 975 863 197 076 20.2% 3.3% 8.3% 212 377 -7.
Northern Cape 273 260 69 523 25.4% 3.4% 2.9% 62 709 10.
North West 1 288 770 139 103 10.8% 3.2% 5.9% 188 557 -26.
Western Cape 1 868 843 380 946 20.4% 5.1% 16.1% 344 956 10.
Total 15 026 763 2 361 080 15.7% 3.1% 100.0% 3 277 939 -28.
Personnel expenditure ("compensation of employees") is at 24.7 per cent or R45.8 billion of the R185.7 billion budget.
Spending to date is 20.1 per cent or R7.7 billion higher than the R38.2 billion spent over the same period last year.
Western Cape and both Northern Cape and Mpumalanga recorded the lowest rate of personnel spending at 23.5 per cent and 23.7 per cent respectively while Eastern Cape and Gauteng recorded the highest rates at 25.8 per cent and 25.5 per cent respectively.
Eastern Cape 29 548 093 7 629 316 25.8% 63.8% 16.7% 6 511 862 17.
Free State 12 253 768 2 916 427 23.8% 64.3% 6.4% 2 450 344 19.
Gauteng 29 910 978 7 641 332 25.5% 49.6% 16.7% 6 131 509 24.
Kw aZulu-Natal 38 918 909 9 509 223 24.4% 62.2% 20.8% 7 919 144 20.
Limpopo 24 977 819 6 183 796 24.8% 71.7% 13.5% 5 189 964 19.
Mpumalanga 15 320 160 3 634 222 23.7% 60.7% 7.9% 3 036 945 19.
Northern Cape 4 912 419 1 162 284 23.7% 57.4% 2.5% 998 400 16.
North West 12 025 335 2 939 860 24.4% 66.6% 6.4% 2 455 503 19.
Western Cape 17 847 042 4 202 531 23.5% 56.4% 9.2% 3 472 361 21.
Total 185 714 523 45 818 991 24.7% 60.5% 100.0% 38 166 032 20.
By the end of the first quarter, provinces have spent 16.4 per cent or R4.2 billion of their R25.4 billion capital budgets ("payments for capital assets"). This is a decline of 21.2 per cent when compared to the same period in 2009/10.
Table 13 provides capital spending information by province, which indicates low rates of spending in Limpopo at 8.6 per cent and Free State at 9.9 per cent and high rates in North West at 21.5 per cent and Mpumalanga at 20.5 per cent. However, in absolute terms, KwaZulu-Natal has spent the most at R1.3 billion followed by Eastern Cape at R719.6 million and Western Cape at R472.7 million.
Eastern Cape 3 648 987 719 607 19.7% 6.0% 17.2% 855 556 -15.
Free State 2 010 425 199 662 9.9% 4.4% 4.8% 324 705 -38.
Gauteng 3 131 658 324 210 10.4% 2.1% 7.8% 530 027 -38.
Kw aZulu-Natal 6 607 601 1 259 083 19.1% 8.2% 30.1% 1 424 687 -11.
Limpopo 2 702 293 232 416 8.6% 2.7% 5.6% 501 536 -53.
Mpumalanga 2 183 575 448 650 20.5% 7.5% 10.7% 347 722 29.
Northern Cape 1 041 856 176 317 16.9% 8.7% 4.2% 161 611 9.
North West 1 620 731 348 874 21.5% 7.9% 8.3% 586 158 -40.
Western Cape 2 478 975 472 672 19.1% 6.3% 11.3% 577 120 -18.
Total 25 426 101 4 181 491 16.4% 5.5% 100.0% 5 309 122 -21.
The total conditional grant allocation is R61.9 billion (including Schedule 4 and 8 grants) with health making up the bulk at R19.9 billion.
Table 14 (overleaf) reflects spending on conditional grant allocations as at 30 June 2010 for all provinces. It excludes expected conditional grant roll-overs from the 2009/10 financial year and spending on Schedule 4 grants. Schedule 4 grants specify allocations to provinces to supplement the funding of programmes or functions funded from provincial budgets. The Expanded Public Works Programme Incentive grant for the Infrastructure Sector (Schedule 8 grant) specifies incentives to provinces to meet targets with regards to priority government programmes.
Division of Revenue Act, 2010 (Act No.
Total excluding Schedules 4,8 grants & Gautrain 32 038 734 7 938 996 5 407 944 16.
Schedule 4 grants specifying allocations to provinces to supplement the funding of programmes or functions funded from provincial budgets.
Schedule 8 grants specifying incentives to provinces to meet targets with regards to priority government programmes.
Against the total allocation of R32.5 billion, this excludes Schedules 4 and 8 grants, the rate of conditional grants spending amounts to 18 per cent or R5.8 billion. However, when excluding the Gautrain Rapid Rail Link grant, the conditional grant expenditure amounts to R5.4 billion or 16.9 per cent against a total allocation of R32 billion.
(5.6 per cent), HIV and Aids (Life Skills Education) (7.2 per cent), Housing Disaster Relief (7.7 per cent), Land Care Programme (8.4 per cent) and Community Library Services (10.5 per cent).
Table 15 indicates selected conditional grant spending rates as at 30 June 2010. It further indicates that five or more provinces have spent less than 15 per cent of their grants budgets after the first quarter for the following grants: Land Care Programme, Community Library Services, HIV and Aids (Life Skills Education), Hospital Revitalisation and Devolution of Property Rate Funds.
Percentages represent actual expenditure of main budgets as published in the Division of Revenue Act, 2010 (Act No. 1 of 2010).
Provincial revenue includes budgeted equitable share allocations of R261 billion, conditional grants of R61.9 billion and own revenue of R9.5 billion. The total provincial revenue received and collected to date is recorded at 25 per cent or R83.2 billion of total budgeted revenue of R332.3 billion.
National government transferred 25 per cent or R65.
25.7 per cent or R15.9 billion in conditional grants, to provinces after the first quarter of the current financial year.
After the first quarter, provinces have collected 21.9 per cent or R2.1 billion of the budgeted own revenue of R9.5 billion which is 1.5 per cent or R30 million more than what was collected by the end of June for the previous financial year.
The collection rate varies from 11.1 per cent in North West and 18 per cent in Mpumalanga, to a high of 30 per cent in Eastern Cape and 26.3 per cent in Northern Cape.
Eastern Cape 634 222 190 083 30.0% 1.6% 9.2% 189 838 0.
Free State 647 411 162 901 25.2% 3.1% 7.8% 126 767 28.
Gauteng 2 801 234 533 274 19.0% 3.4% 25.7% 502 877 6.
Kw aZulu-Natal 1 803 568 439 647 24.4% 2.5% 21.2% 423 112 3.
Limpopo 553 438 129 658 23.4% 1.3% 6.2% 116 209 11.
Mpumalanga 555 117 99 818 18.0% 1.5% 4.8% 129 127 -22.
Northern Cape 185 696 48 923 26.3% 2.1% 2.4% 39 328 24.
North West 610 361 67 476 11.1% 1.2% 3.2% 50 615 33.
Western Cape 1 687 817 405 203 24.0% 4.8% 19.5% 469 082 -13.
Total 9 478 864 2 076 983 21.9% 2.5% 100.0% 2 046 955 1.
<fn>GOV-ZA.20100813Gg33461N801ChildJusticeEn.2012-02-10.en.txt</fn>
of the Child Justice Act, 2008 (Act No 75 of 2008), hereby publish the National Policy Framework on Child Justice for public comment.
Background to the Child Justice Act 3 The Context and Vision of the Act 4 Introduction to the National Policy Framework 6 Objectives of the Policy Framework 7 Implementing the Child Justice Act 8 Priorities of the Act 8 1.
Building Capacity in the Sector: 8 2.
Ensuring assessment of children 10 3.
Preliminary Inquiries 10 4.
Sentencing 11 5.
Provision of Diversion and Alternative Sentencing Services 12 6.
Establishment of Child and Youth Care Centres 12 7.
Establishment of One Stop Child Justice Centres (OSCJC) 13 8.
Resources and Budgets 13 9.
Public Education and Communication 14 10.
Development of necessary IT and IJS-systems to support information 14 management systems: Roles and Responsibilities 14 http://www.mylexisnexis.co.za/nxt/gateway.
The Child Justice Act, 75 of 2008 (hereinafter the Act) is the result of work by government and activists in the children's rights and child justice fields going back as far as 1996. It is important to recognize the nearly 15 year development process since during that time, despite the absence of a legislative framework, there have been numerous incremental improvements within the system. Over the years a myriad of services, policies and interventions around child related criminal justice have been initiated and sustained. This means that the Act is being introduced into an environment which has anticipated its implementation and one in which many of the obligations of the Act have already been established as part of day to day service delivery.
· In 1996 an Inter-Ministerial Committee (IMC) was established which recognised the need for a specialised child justice system in their Interim Policy Recommendations.
Justice,1 which proposed that a separate Bill be drafted in order to provide for a cohesive set of procedures for the management of cases in which children are accused of crimes.
· In 1998 a comprehensive Discussion Paper, accompanied by a draft Child Justice Bill2, was produced in consultation with key government departments and non-governmental organisations (NGOs). This was submitted to the Minister of Justice and Constitutional Development in August 2000.
Prosecutions was established.
· In August 2002 the Child Justice Bill, 2002 (Bill 49 of 2002) 4 was tabled in Parliament.
· Public hearings were conducted on the Bill in February 2003 and deliberations on the Bill by the Portfolio Committee on Justice and Constitutional Development followed in March 2003.5 · In late 2003 processing of the Bill through Parliament was suspended for a variety of reasons. · In December 2007 amendments were proposed to the Bill by the Minister of Justice and Constitutional Development. · The Portfolio Committee on Justice and Constitutional Development extensively deliberated on the Child Justice Bill during 2008. · The Bill was adopted by the National Assembly on 25 June 2008; adopted by the National Council of Provinces during September 2008; and passed in September 2008. · The President signed the Bill into law in May 2009 and the Act was published in Government Gazette number 32225 on 11 May 2009.
· The Act creates a new child justice system with a procedural framework for dealing with children who are accused of committing an offence.
One of the main principles of the Act is to minimise children's contact with the criminal justice system, and to use detention only as a measure of last resort and for the shortest appropriate period of time. The Act places a focus on how children are managed in the first 48 hours following the child coming into contact with the system. Provisions encourage the avoidance of arrest, and where children are arrested; encourage their release as soon as possible into the care of their parents, guardians or other suitable adults. In the year leading up to the promulgation of the Act, between 9 000 and 13 000 children were arrested each month. Soon after arrest, almost 48% of the children exit the system because they are either released into their parents' or guardians' care; released on warning or without charge; were found to have given the wrong ages and were then processed as adults through the courts; had their cases withdrawn by the National Prosecuting Authority; or had their cases converted into Children's Court inquiries in terms of the Child Care Act, 1983 (Act No 74 of 1983), as children in need of care and protection.
The preliminary inquiry is a key new process introduced by the Act. It aims to ensure that a collective, determined effort is made to consider what should be done in the case of each child, and that the inquiry occurs within 48 hours of arrest if the child is detained. The preliminary inquiry is designed to avoid children slipping through the intended safeguards and to change negative practices from the past where insufficient attention was paid to children in the early stages of their case being processed, sometimes causing them to languish in detention for several weeks or even months.
In line with the avoidance of prolonged contact with the criminal justice system, the Act has, as one of its main areas of focus, the diversion of children away from formal criminal court procedures into a diversion option or programme. This alternative to the formal criminal justice system is one where the child is held accountable for his or her actions throughout the process. Of the approximately 5 000 children whose cases were heard in the courts on a monthly basis in 2009/10, between 1 300 and 1 900 per month were diverted from the mainstream criminal justice system into diversion programmes.
The benefits of choosing a diversion option include ensuring that the child receives an intervention based on his or her individual circumstances aimed at preventing him or her from re-offending and producing the best outcome for the child, considering the needs of the victim and promoting public safety. In addition, the child does not incur a criminal record, thereby allowing him or her to become a productive member of society without the stigma attached to having a criminal record and the limitation of occupational opportunities that this would entail. However, precisely because diversion represents an alternative to the formal criminal justice system, the Act carefully regulates the issue, creating a system of checks and balances to ensure that diversion is not a 'soft option' for children who commit crime. In the event of the child not complying with the diversion option, his or her case reverts to court.
The Act ensures that diversion will not widen the door to adults more readily using children to commit crimes and specific provisions are included to hold adults accountable for using children to commit crimes.
It is worth noting that the Act in particular requires the monitoring of the safety of children being held in police cells upon arrest as this is an area of potential danger for a child which is not regulated in any other piece of legislation.
The Act also addresses the issue of re-offending among child offenders which has been attributed, at least in part, to the corrupting and damaging effect that incarceration has on children in conflict with the law. It is in response to this, as well as the Constitutional injunction of section 28(1)(g), that the Act provides for the incarceration of children only as a response of the last resort and for the shortest possible time.
enhance service delivery as envisaged by this Act by the development of a plan within available resources.
The responsibility for developing this draft national policy framework6 lies with the Inter-Sectoral Committee for Child Justice (ISCCJ) whose membership consists of the relevant Directors-General in the criminal justice system (Social Development, Health, and Education), the National Director of Public Prosecutions, the National Commissioner of South African Police Service (SAPS) and the Commissioner of Correctional Services. This committee, chaired by the Director-General of Justice and Constitutional Development, is the primary structure responsible for co-ordination and implementation of the Act.
This policy must be adopted by the Minister and tabled in Parliament within two months of the commencement of the Act and be reviewed within three years of its publication in the Gazette and at least once every five years thereafter.
In terms of the above, the Minister for Justice and Constitutional Development consequently set in motion a process to develop this National Policy Framework (NPF). Under the guidance of the Minister a series of consultative meetings facilitated via the ISCCJ were held and input was sought from the various relevant departments and civil society role players. This policy framework is a result of that process.
The National Policy Framework contains the overarching framework for co-ordinated implementation of the Act concerned and will be supported by the directives, instructions, guidelines and circulars of the relevant Government Departments concerned.
As this is a new Act, implemented on 1 April 2010, some of the details concerned, may manifest itself as we implement the Act.
Therefore, the National Policy Framework will be regularly reviewed and amended when necessary.
the establishment of an integrated information management system to enable effective monitoring, analysis of trends and interventions, to map the flow of children through the child justice system and to provide quantitative and qualitative data (relating to a range of relative factors).
· promoting co-operation amongst government departments and between Government departments and the non-governmental sector and civil society to ensure an integrated and http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/ug8ub/rpzxb/1r 8/17/2010 holistic approach in the implementation of the Act.
· Thirdly, that the handover of responsibility towards children in conflict with the law between departments is regulated and well-managed (Managing Inter- sectoral Co-ordination).
These imperatives are discussed in more detail in the three sections that follow.
The implementation of the Act requires capacity building within the Child Justice System (CJS) both in terms of human resource skills and knowledge, as well as availability in terms of physical infrastructure.
Capacity building in terms of human resources, further implies that the various Departments will prioritise the allocation of additional resources and budgets, where necessary, to appoint, train and capacitate the dedicated personnel and officials necessary to ensure the protection of the rights of such vulnerable children.
Awareness raising, education and training must be provided for all role players within the system to ensure an understanding of the Act and its requirements. In support of this, an Intersectoral Child Justice Training Reference Committee has been established and a training manual to be used intersectorally has been developed under the auspices of this committee.
This training manual has been tested in a series of provincial workshops attended by inter-sectoral participants held under the auspices of the provincial Child Justice Forums and is available on-line.
This committee is mandated to ensure that training is co-ordinated and that information is widely distributed throughout the sector.
(e) and (8) of the Act.
Intersectoral training and capacity building must also be included on the agenda of both the ISCCJ and Provincial Child Justice Forum-meetings. Training will be an ongoing issue since with the implementation of the Act, the law of child justice will no doubt evolve due to legal precedents and departments will be required to update their training accordingly.
The provisions in the Act relating to training on child justice issues are in line with the International Instruments. Rule 12 of the Beijing Rules for example draws attention to the need for specialised training for all law enforcement officials who are involved in the administration of child justice. There is a general opinion that some degree of specialisation amongst legal representatives representing children in conflict with the law will ensure a good overall standard of representation7 for children.
The establishment of a specialised criminal justice system for children also creates a need for specialisation in child justice. A key mechanism for ensuring this will be to provide specialised career-pathing for prospective and existing professionals in the child justice system. Such a mechanism will go a long way towards ensuring capacity in the field of child justice to the benefit of both the system and children in conflict with the law.
Training and capacity building is not only the preserve of government departments. Diversion services providers will also require training in respect of evolving child justice law in relation to both diversion and sentencing options and this will be ensured via the Diversion Accreditation process.
The establishment and building of separate child-friendly infrastructure, such as courts and facilities for awaiting trial and sentenced children, will further receive priority attention by Departments, within the http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/ug8ub/rpzxb/1r 8/17/2010 available resources of the State.
Where separate facilities cannot be built specifically for children, Departments will do all in their power to ensure that children are managed separately from adults and that in terms of case flow management principles, children's cases will be fast-tracked and prioritised.
The Act provides that every child alleged to have committed an offence must be assessed within a prescribed time frame. This obligation requires the active participation of the South African Police Service (SAPS) in notifying the probation officer and the Department of Social Development (DSD) must ensure that probation officers are available and accessible as required by the Act. During the medium term expenditure framework (MTEF) period, DSD planned to incrementally increase the staff capacity to meet the requirements of the Act.
A preliminary inquiry is an informal inquisitorial pre-trial procedure which must be held in respect of every child who is alleged to have committed an offence, except in a matter which has been diverted or withdrawn by the Prosecutor, or the child is under the age of 10 years.
â the referral of the matter to a children's court, where applicable.
One of the most important decisions emanating from the preliminary inquiry relates to the release or detention of the child and thus demands a very high level of co-operation among key role-players. The Act very clearly defines both the role-players and the mechanism for holding a preliminary inquiry. Since these requirements must be met by a diverse range of departments and individuals, establishing a court level mechanism for co-operation and co-ordination is key. In this respect, the protocols for court case flow management can be utilised for child justice matters.
Guidelines to ensure that provisions in this regard are uniformly implemented will be developed out of a series of National workshops.
The Act creates an effective sentencing framework for children to give effect to the constitutional mandate that detention of children should be a last resort and for the shortest appropriate period of time. This is evident from, amongst others, section 3 on the general principles of the Act and section 69 which sets out the objectives of sentencing. The sentencing framework in the Act prioritises the use of alternative or noncustodial sentences and creates a framework to ensure that residential sentences are a last resort.
In addition, inter-departmental co-operation is required on account of the fact that sentencing is not just the responsibility of the presiding officer. Probation officers are responsible for pre-sentence reports and monitoring non-custodial sentences and the prosecution is responsible for victim impact statements where appropriate. In addition the new sentence created in section 76(3) requires considerable co-ordination between Child and Youth Care Centres and the courts in the review of that sentence.
In addition managers of Child and Youth Care Centers where children are sentenced to a section 76(3) sentence, have to ensure that they perform their responsibilities towards the child with the utmost care in order to give effect to section 28(1)(g) of the Constitution. This is because if they do not provide quality interventions and service for a section 76(3) child, the child runs the risk of a sentence of imprisonment at the end of the Child and Youth Care Centre component of the sentence.
All departmental role-players will ensure that systems are put in place to ensure that monitoring of noncustodial sentences; the execution of a section 76(3) sentence and the designation of a Child and Youth Care Centre in terms of section 76(4) are effected as expeditiously as possible in the best interests of the affected children.
The implementation of the Act heralds in a new era in the regulation of diversion service providers and programmes. In this regard, the Act, particularly in section 56 (2)(a), places the responsibility of developing such a system on the Cabinet member for social development.
The Act introduces the requirement that a child may only be referred to a service provider or programme that is accredited in terms of the Act. These service providers include government, non-governmental and educational bodies. It is envisaged that accreditation will ensure that service providers meet minimum standards and facilitate meaningful outcomes in diversion programmes. In addition to accreditation of diversion programmes being a requirement of the Act, the Act also provides for quality assurance, and the monitoring and evaluation of programmes and service providers.
Consequently, the DSD has developed a national policy framework and system for accreditation of diversion service providers and programmes in South Africa. This DSD policy outlines a management framework for the accreditation, quality monitoring and quality improvement of diversion service providers and programmes.
· content for diversion programmes and alternative sentences (offered either by government departments or service providers).
The accreditation of service providers will be incrementally effected over the MTEF period following the promulgation of the Act.
A key priority will also be to ensure that the diversion services are equitably provided to children in both urban and rural areas. To this end section 56 (2) (a)(iii) requires that the DSD is to ensure the availability of resources to implement diversion programmes.
The DSD is responsible for the provision and management, in terms of Chapter 13 of the Children's Amendment Act, 2007 (Act No 41 of 2007), for Child and Youth Care Facilities. This Act, together with the main Children's Act, 2005 (Act No 38 of 2005), also came into operation on 1 April 2010. All Secure Care Facilities and Reform Schools will, from 1 April 2010, become Child and Youth Care Centres, designated for awaiting trial and sentenced children. The existing 4 Reform Schools and 17 Schools of Industry, which are administered by the Department of Basic Education at the moment, will be transferred to the Department of Social Development within the next two (2) years.
In addition a priority for the DSD is the building of an additional 18 Child and Youth Care Centres in provinces (previously known as Secure Care Facilities) within this MTEF cycle.
Six (6) Centers have been built during the past MTEF-period by DSD, which will be opened soon.
The Act enables the establishment of OSCJCs. In terms of the Act these OSCJCs are to be managed by a committee of senior officials from DOJ&CD, DSD, DCS, SAPS, Legal Aid South Africa (Legal Aid SA) and any other relevant organ of state and resourced and serviced by those departments. While the establishment of these centres is intended to bring all services required by a child in conflict with the law under one roof, they will have to be incrementally realised in line with funding constraints and available resources. A guide to establishing OSCJCs, which recommends that the recommendation and planning for the establishment of such centres be placed within the mandate of Provincial Child Justice Forums, has been developed.
The Provincial Child Justice Forums will submit business plans with recommendations to the National ISCCJ, which will recommend establishment in terms of section 89 of the Child Justice Act, 2008, to the Minister of Justice and Constitutional Development, read with section 2 of the Magistrates' Courts Act, 1944 (Act No 32 of 1944).
The identification of the necessary additional resources required, and how such resources will be obtained and optimally utilised, will form a major part of the recommendations concerned.
In terms of the existing budgetary constraints, the funding of such Centres during the first few financial years, will primarily have to be done through requesting donor funding.
The implementation of the Act places increased demands on the fiscus. In the absence of sufficient funding courts and officials are strained to provide the services required, particularly in the more rural and outlying areas. South Africa, given its obligations under treaty law, is compelled to increasingly give credence to the domestic legislation and measures it undertakes to meet the implementation priorities it sets out for itself.
The Departments are implementing the Act with existing budgets and reprioritising within budget allocations, to ensure prioritization of services to children in conflict with the law.
The Act requires extensive consultation in terms of ubuntu and Batho Pele-principles, with civil society, children, their families and communities. The Government Departments and civil society will therefore prioritise the awareness-raising and communication to all those affected regarding the priorities, achievements and obligations of the new Child Justice System.
In order to support the information management requirements of the Act, through the Integrated Justice System but also through the individual Departments' Information Management Systems, necessary IT systems will be developed.
The South African Police Service is the first point of contact for a child in conflict with the law and they have a wide range of responsibilities in this respect.
Ensuring the child's appearance at a preliminary inquiry, primarily through the use of alternatives to arrest but through arrest as a matter of last resort.
Explaining to the child offender and the child's parent / guardian/ appropriate adult that the child offender has a right to legal representation, and if the family does not have their own http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/ug8ub/rpzxb/1r 8/17/2010 legal representative, then Legal Aid SA will assign a legal representative to the child.
Informing a probation officer immediately, but if that is not possible, not later than 24 hours after apprehension (through written notice, summons or arrest), in order for an assessment to be undertaken.
Attending to all aspects of finding the child's family, appropriate adult or guardian in liaison with the probation officer.
Releasing, where appropriate, children charged with offences other than offences in Schedule 3 into the care of their parents/guardian/appropriate adult. With regard to children below the age of 14, who may not be held in police cells, the police have the extra duty of ensuring that such children are held at a place of safety. Children below the age of 10 are not to be arrested, and the police have a duty to take them home or to a probation officer.
The safety and care of the child whilst in the SAPS holding cell. The station commissioner of each police station must keep a register in which prescribed details regarding the detention of all children in police cells or lock-ups must be recorded in a manner that such entries regarding the detention of children are clearly distinguishable from those of adults.
Treating the child in SAPS custody in a manner and in conditions that take account of the child's age and gender. This includes the provision of a mattress, blanket, food and a cell equipped with toilets and showers. Children should be kept separately from adults and boys should be kept separately from girls.
Providing basic medical care although the child may be taken to a district surgeon or hospital for necessary medical treatment. This includes medical care when the child shows psychological stress or other signs of mental health problems.
The transportation of a child offender to and from the various detention facilities, such as the Correctional Services Awaiting Trial Centres or Department of Social Development's Child and Youth Care Centres, Reform Schools and the court.
Providing services in relation to appearances at court such as the detention of detainees, the transfer of the child from the holding cells to the court, maintaining order and safety in court, investigation and presentation of criminal cases, and the performance of court orderly duties.
Issuing of a certificate expunging the criminal record of a child referred to in Section 87 (5) (b).
Providing a probation officer to conduct an assessment of all children apprehended on allegations of having committed a criminal offence, as well as presenting the recommendations following that assessment regarding the possible referral of a child to the children's court and/or counselling, the placement of a child should he or she not be released; and on the appropriateness of diversion including a particular service provider or particular diversion options.
Probation officers will also express a view on the criminal capacity of a child between 10 and 14 as well as enquiring whether a child has been used by an adult to commit the crime.
Ensuring the availability of a probation officer to perform duties in court such as giving oral evidence, submitting assessment and pre-sentence reports and participating in the preliminary inquiry. The probation officer should also furnish the inquiry magistrate with an estimation of http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/ug8ub/rpzxb/1r 8/17/2010 the child's age if applicable.
The management of children placed under probation, home-based supervision or released under pre-trial supervision orders.
Providing support, where possible, to the SAPS in family finding duties if a child is brought to assessment or the preliminary inquiry or court without a parent or guardian. The probation officer will instruct the assistant probation officer, or a designated family finder, to trace the parent or guardian and to bring them to court to assist the child in the case before court.
The delivery of all diversion programmes which have been accredited: either directly and/ or through the contracting of external service providers. This includes monitoring and reporting on compliance, and making recommendations in the event of non- compliance by the child.
Ensuring the quality of such programmes via the Accreditation of Service Providers and Programs.
Managing and monitoring children serving community-based sentences and diversion orders.
Establishing and maintaining two registers, one for children under 10 years of age and one for diversions.
Providing a pre-sentence report within 6 weeks, when requested by the child justice court prior to the imposition of sentence.
The provision and management of Child and Youth Care Centres for children awaiting trial under the Children's Act (38 of 2005) and will by 2012 have taken transfer of Reform Schools from the Department of Basic Education, as facilities for sentenced children. From time to time a list with all the information relevant to the location of all Child and Youth Care Centres in South Africa, the amenities and features of each centre and the level of security offered by each centre must be provided by DSD to the SAPS and to the Department of Justice and Constitutional Development (DoJ&CD).
The submission of a report by the Head of the Child and Youth Care Centre on the child's completion of a compulsory residential sentence in such Centre to the child justice court which imposed the sentence in terms of section 76.
The provision of educational programs to children awaiting trial is the responsibility of the Department of Social Development.
In addition the Director-General: DSD must, in the prescribed manner, expunge the record of any diversion order made in respect of a child in terms of this Act on the date on which that child turns 21 years of age, unless the child has been convicted of any other offence before that date or has failed to comply with the diversion order in question.
A court manager and clerical staff to maintain the records of the preliminary inquiry and trial.
Ensuring that children who are sentenced to Child and Youth Care Centres are transferred within 30 days in terms of section 76.
Establishment of a court in any One Stop Child Justice Centre established as prescribed in section 2 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), and read with section 89 of the Act and the OSCJC Guidelines. One Stop Child Justice Centres are not an essential feature required to run the child justice system, but rather an optimal service delivery model which the http://www.mylexisnexis.co.za/nxt/gateway.
Minister is empowered to initiate, within available resources.
Providing a Secretariat for the DG's ISCCJ, National Operational ISCCJ and provincial child justice forums.
Maintaining and reviewing the Act, in consultation with the other relevant government departments and civil society stakeholders.
Monitoring and reporting upon the impact of the implementation of the Child Justice Act, 2008, in consultation with the other relevant government departments and civil society stakeholders.
The appointment and management of prosecutors in respect of the Act.
Decision making, as dominus litis, with regards to whether to prosecute or to divert the child offender. If the child is charged with an offence listed in Schedule 1, the prosecutor may decide to divert the matter, and the diversion order is made an order of court in chambers. If no diversion decision is made at this stage, the matter proceeds to the preliminary inquiry. The prosecutor participates in the preliminary inquiry, and gives an indication at the end of the inquiry, whether he or she supports diversion in such matters.8 If the matter is not diverted at the preliminary inquiry, the matter proceeds to plea and trial in the Child Justice Court.
Ensuring that the required input is received from victims and relevant others during the preliminary inquiry.
Reviewing the recommendations of the probation officer in agreeing to divert to appropriate diversion programmes.
Making a decision as to whether or not to prosecute a child 10 years or older but below the age of 14 years and who is presumed to lack criminal capacity with regards to the special responsibilities described in section 10, in relation to the proof of criminal capacity of such children.
Only the Director of Public Prosecutions of each province can decide on the diversion of a child who has allegedly committed a serious Schedule 3-offence.
To detain and manage children awaiting trial and sentenced children separately from adults in DCS facilities appropriate to their age (CSA s 7).
To provide food (of a nutritional value as per sec 8 (2) of the Correctional Service Act and Regulation 4 (10(c)), basic health care services, medical treatment and to ensure the safety of the child.
To provide both sentenced and awaiting trial children with care services such as social work services, religious care, recreational programmes and psychological services.
The provision of education for sentenced children is provided by the Department of Correctional Services.
To monitor child offenders on probation or serving correctional supervision sentences.
To inform the appropriate state authorities who have statutory responsibility for the education and welfare of children as well as the parents, legal guardians or next of kin of the child when the child is transferred from one facility to another.
To allow legal representatives to consult with the child/children who are awaiting trail as well as those who are sentenced to imprisonment.
The Department of Basic Education is further responsible to assist the Department of Social Development, with the monitoring of compulsory school attendance orders, which can be imposed by a child justice court as either a diversion or a non-custodial sanction.
The Department of Basic Education should further be co-responsible for awareness- raising amongst schoolgoing children, of the dangers of crime to support crime prevention, as well as what children's rights and responsibilities are when they are involved with crime.
Legal Aid South Africa provides legal assistance to children and has a Legal Aid Guide which can be accessed online9.
According to the Act, all children in conflict with the law are entitled to legal representation and children cannot waive legal representation when appearing before a child justice court.
The legal representative should allow the child, as far as possible to give independent instructions regarding the case, explain the child's rights and duties and promote diversion, where appropriate, without unduly influencing the child.
Assist the child at a preliminary inquiry and with negotiations regarding diversion.
Ensuring that the assessment, preliminary inquiry, trial or other proceedings in which the child is involved, are conducted without delay and deal with the matter in a manner to ensure that that the best interests of the child are at all times of paramount importance.
Assisting the child in plea proceedings and trial matters, and where necessary in appeal or review procedures.
Appointing (subject to the provisions in the Legal Aid Guide) a legal representative to assist the court if the child refuses legal representation, does not wish to have a legal representative or declines to give instructions to an appointed legal representative.
The question is whether legal aid is to be granted for a preliminary inquiry. Section 43 (3) (c) states that a child's appearance at a preliminary inquiry is regarded as his or her first appearance before a lower court, in terms of section 50 of the Criminal Procedure Act. It therefore forms part of a criminal trial and in terms of section 35 (3) of the Constitution every accused person has a right to a fair trial which includes the right to legal representation at state expense where substantial injustice would otherwise result.
Substantial injustice would almost always result in the case of a child in conflict with the law. Legal aid should therefore be extended.
Where these appearances occur in a normal trial court, Legal Aid SA has indicated that they should not have any resource constraints as the practitioner that normally covers the court will have to deal with the preliminary inquiries.
LASA has further indicated that they have now found that in certain areas, additional courts are being used to conduct the preliminary inquiries. This will necessitate additional practitioners to be appointed, and requires additional resources.
The Department of Home Affairs has a responsibility in terms of issuing identification documents.
In cases where the inquiry magistrate, child justice court or any other court makes a determination of the age of a child offender a copy of the determination must be referred to http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/ug8ub/rpzxb/1r 8/17/2010 the DoHA for consideration of issuing an identification document for the child.
The DoHA must report back to the inquiry magistrate or child justice court, the probation officer, the child and his or her parent, appropriate adult or guardian once the age has been registered.
It is the Department of Health's responsibility to provide mental health-facilities for children who are referred to mental health-facilities for observation, or who are declared as State patients because of a mental health-challenge.
It is further the Department of Health's responsibility to assist with the provision of expert evidence regarding whether a child has criminal capacity, if the child is between 10 and 14 years of age and the State has to prove criminal capacity.
The role of the NGO sector and civil society is of great importance in strengthening the child justice system through effective partnerships with government and through ongoing communication, co-operation and collaboration.
Offering a range of diversion programmes or community-based sentencing options. While it is the responsibility of DSD to develop, implement and manage diversion and treatment programmes, they also work co-operatively and provide funding for a wide range of NGO's offering diversion and community-based programmes.
All NGO service providers must meet the requirements for the Minimum Norms and Standards for Diversion Programmes and should be accredited according to the Accreditation Framework managed by DSD. Section 56(2)(f) of the Act stipulates that a certificate of accreditation will be valid for a maximum of four years and a policy decision has been taken to have this accreditation process implemented progressively over a two year period.
Provide information and assistance through their experience and research activities, to monitor the implementation of the NPF and the Act.
Sharing information when different organs of state fail to comply with their primary roles and responsibilities allocated to them in terms of the NPF and the Act.
The responsibility for ensuring compliance and supporting a uniform, co-ordinated and co-operative approach by all government departments, organs of state and lies squarely within the mandate of the ISCCJ.
This committee is provided for in section 94 of the Act. The section prescribes the establishment of "a Committee to be known as the Intersectoral Committee for Child Justice which must meet at least twice a year and is responsible for developing the draft NPF and then measuring progress and monitoring compliance against this framework and the Act".
The DG's ISCCJ is the most senior structure in a series of inter-sectoral committees which are in place at national, provincial and regional/ local levels in order to provide a vehicle for communication on and the coordination of services to children in conflict with the law.
The DG's ISCCJ will commission research on the matters which are provided for in the Act, such as the review of the age of criminal capacity; which may further be identified for research and which need to be reported upon; and will ensure that the detailed reports required in terms of the Act, are received, approved and submitted timeously.
While the Act provides for the establishment of a DG's ISCCJ which is comprised of Directors- General and which meets twice a year, there is an acknowledgement that in practice there is a need for an ISCCJ which is comprised of senior departmental officials and which meets monthly. It is envisioned that this committee will remain in operation, and report to the DG's ISCCJ, until the obligations of the Act are fully achieved.
Each of the 9 provincial child justice fora10.
The committee should be chaired by the Department of Justice and Constitutional Development with a Deputy Chairperson designated by the committee from one of its members. The deputy chairperson shall preside at meetings of the committee in the absence of the chairperson and shall assist the chair in his/her functions.
In the absence of both the chair and deputy chair, the members present at a meeting must elect a person from among their numbers to preside at the meeting.
Reporting to the Ministers on progress regarding the implementation of the Act.
Each meeting therefore should have an agenda which allows for discussion around the above issues.
The Department of Justice and Constitutional Development will provide the secretariat for meetings of the committee.
The quorum for a meeting would therefore be at least 10 of the 18 participants as identified above. In the absence of a quorum, the meeting may be adjourned and the minutes should record the reasons for the absence of a quorum together with the names of those present. No decision shall be taken at a meeting in the absence of a quorum.
Decisions of the committee shall be taken by consensus.
It is taken that the ISCCJ is a committee of equals in which members are held accountable by their peers. Each Department is considered the lead department in respect of ensuring compliance, within their own departments, of their primary and supporting roles as allocated to them in terms of the NPF and the Act. Reports should therefore reflect on performance against agreed-upon deliverables.
Provincial representatives should provide minutes and reports detailing progress within http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/ug8ub/rpzxb/1r 8/17/2010 their respective provinces and escalating those issues which require the intervention of the ISCCJ.
· Each national department should provide statistics as per the agreed upon templates and reports in order to measure progress on the achievement of the NPF and the Act.
· The ISCCJ secretariat should provide an overview of the statistical analysis and progress against achievement of the NPF and the Act as well as escalate issues which cannot be resolved to DevComm and/or the DG's ISCCJ.
The Act (section 93 (1) (c)) requires that the ISCCJ promotes co-operation and communication with the non-governmental sector and civil society in order to ensure effective partnerships for the strengthening of the child justice system.
Specific NGO's who might be required to give expert/technical input or advice.
While the implementation of the Act requires the services of a number of NGO's in terms of diversion, restorative justice, etc, engagement with those NGO's who render a direct service to one or more of the Departments should be through bilateral meetings rather than via the ISCCJ.
Provincial Forums are directly responsible for managing service delivery and for monitoring compliance against the Act at the regional level. They will define their own rules of engagement in respect of provincial NGOs.
The Child Justice system, like the rest of the criminal justice system, involves moving a child, or person, through a range of sequential processes all managed by different departments. A process flow map which describes the route followed by children through the child justice system shows the various transitional and decision making points.
In any system which involves the movement of a case from one department to another, there is the risk that there will be a gap in service during this transition. In the child justice system this could negatively impact on the appropriate handling of the child's case. This NPF thus aims to improve inter-departmental co-ordination in order to improve the transition of the child's case between those departments.
· There is a need for regular operational meetings between role-players in order to ensure that each department not only takes ownership of their own area of responsibility but also ensures that the interface between departments is well managed.
· It is essential that the child is at the centre of this process, and there should be acute awareness of all role-players that delays, particularly those which cause children to remain in detention, are extremely detrimental to the child's well- being.
· The child should be moving through the system in a manner that promotes his or her safety and well-being as a priority.
· The changing of shifts or the allocation of different responsibilities to arresting officers and investigating officers should all be managed in such a way as to have minimum negative impact on children in the system.
· Case flow management principles should be utilised in support of this.
As can be seen below, there are numerous areas where decision making and services overlap and require co-operation and interaction between the various role-players all in respect of a single child!
The PCJF should take primary responsibility for identifying and resolving problems which occur at the interface between departments. Issues which cannot be resolved regionally should be escalated to the National Operational ISCCJ.
Various interdepartmental and intersectoral Protocols will be developed and implemented, to ensure proper co-ordination, such as the Interim National Protocol for the Management of Children Awaiting Trial and the Guidelines on the Establishment and Management of One Stop Child Justice Centers.
24 hours after handing notification of probation summons to child.
Child to be taken to court who has been arrested and who remains in custody Release of child on written notice into care of parent, appropriate adult or guardian, if the child is in detention in police custody i.r.o. an offence referred to in Schedule 1, unless certain the parents cannot be located or there is a substantial risk that the child may harm him/herself or any other person.
Where a child is transported to or from the preliminary inquiry or child justice court, the child must be transported separately from adults.
Presiding officer ordering the detention of the child in prison Person admitting the child where a child is placed in a child and youth care centre, police cell or lock-up or a person, to whose attention it comes that an error has been made regarding placement.
Immediately but not later than 24 hours after arrest As soon as possible but not later than 48 hours after arrest As soon as possible and before the child appears at the preliminary inquiry.
Direct that the child be brought before him or her or any other court every 14 days to reconsider the order.
Commit the child as per the court order, but must, as soon as practicable, but not later than the next court day, refer the child back to the presiding officer in question for the error to be corrected.
Assessment of child before the child appears at a preliminary inquiry within the time periods provided for in section 43(3)(b).
After assessment of the child, except if the prosecutor has dispensed with the assessment if it is in the best interests of the child to do so; and before a preliminary inquiry. PI must be held within 48 hours http://www.mylexisnexis.co.za/nxt/gateway.
Section 71 Pre-sentence reports Probation officer of arrest if a child is arrested and remains in detention; or within the time periods specified in the written notice or summons.
Must conclude all trials of children as speedily as possible and must ensure that postponements in terms of this Act are limited in number and duration.
14 days at a time if a child is in detention in prison *30 days at a time if a child is in detention in a child and youth care centre *60 days at a time if a child has been released Must complete the report as soon as possible but no later than six weeks following the date on which the report was requested.
For a period not exceeding five years or for a period which may not exceed the date on which the child turns 21 years of age, whichever date is the earliest.
Child sentenced in terms of this section, must be taken to the centre specified as soon as possible, but not later than 1 month after the order was made.
Presiding officer must cause the matter to be retained on the court roll for one month, and must, at the re-appearance of the matter, inquire whether the child has been admitted to the child and youth care centre. Sentenced child may be sentenced to imprisonment for a period not exceeding 25 years.
· For cases involving children heard in High Courts: 9-12 months. These case cycle and turn around times, will also be monitored by the ISCCJ.
The Act requires a monitoring and evaluation component in support of the implementation of the Act. This http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/ug8ub/rpzxb/1r 8/17/2010 is in line with international trends which note that "when government officials and the institutions making up the child (juvenile (sic)) justice system do not have information either about the functioning of the system or the children who are in contact with it, abuse, violence and exploitation can occur with impunity, and the experience of the child is unlikely to be in his or her best interests. A child may spend long periods deprived of liberty or be sentenced to a measure that is inappropriate for ensuring his or her welfare. A delay in a child's case before the courts may go unnoticed for months or even years. Government officials may find it difficult to assess the impact of new child (juvenile (sic)) justice policies or guidelines.
â Children who lack criminal capacity.
Number of children arrested during a 12 month period per 100,000 child population Number of children in detention per 100.000 child population Number of children in pre-sentence detention per 100.
Utilise the National Operational ISCCJ, which collects and analyses data via a set of data collection templates which are given to each department, to analyse trends in the flow of children through the child justice system. This will be measured against an initial base line set of data which will be collected during the first three months of the Act's implementation.
Through the ISCCJ secretariat, maintain this data base of quantitative and qualitative data relating to the requirements of the Act.
Facilitate the establishment of an integrated information system via two electronic tools. In the short term the DOJ&CD National Operations Center (NOC) has incorporated a number of the relevant indicators into a reporting tool which will be tested, refined and operationalised. Over the longer term indicators developed for Child Justice System will be incorporated into the data collection tools of the Integrated Justice System (IJS)15.
Commission research to respond to particular issues in the Act, with specific attention to the requirement that not later than five years after the commencement of this Act, a report must be submitted in order to review the minimum age of criminal capacity of children, from the present 10 years of age.
The processes above will allow the Cabinet member responsible for the administration of justice, as per section 96 (3), to co-ordinate the submission of reports to Parliament, by each Department or institution that is represented in the ISCCJ on the implementation of the Act, within one year after the commencement of the Act and annually thereafter.
Department of Social Development, in terms of section 60 (1), is to establish and maintain a national register of children in respect of whom a diversion order has been made, with information provided by the clerk of the child justice court. The Director-General: Social Development must on a regular basis inspect the register with a view to identifying possible interventions and issuing the necessary instructions.
In terms of Section 97 (6)(a), the Director General -DSD must keep a register, as prescribed, of children under 10 years of age in respect of whom a decision has been made and recorded by a probation officer in terms of section 9(6) regarding the outcome of the assessment. This register should also contain information regarding children older than 10 but younger than 14 who have been referred by the prosecutor due to the unlikelihood of proving criminal capacity as per section 10(2) (b).
SAPS is required in terms of section 28 (3), to ensure that the station commissioner of each police station must keep a register in which prescribed details regarding the detention of all children in police cells or lock-ups must be recorded in a manner that entries regarding the detention of children are clearly distinguishable from those of adults. (SAPS 14).
The SAPS Station Commissioner must also in terms of section 28 (2) (a), submit a report to http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/ug8ub/rpzxb/1r 8/17/2010 the National Commissioner of Police, detailing all complaints or observations about an injury sustained or severe psychological trauma suffered by a child while in custody in police cells.
Monitoring to ensure that these requirements are being met will be done by the National Operations ISCCJ via reports from National Departments, NGO's and Provincial Child Justice Forums.
Systems and programmes which will be revised and further developed overtime will be designed in such a way that they do not dissuade people from utilising the provisions of the Act i.e. information management tools must be calibrated to encourage usage. In addition the ISCCJ will over time make recommendations regarding joint targets and indicators where this is practical. A comprehensive Act such as this, which requires intersectoral co-operation, can best be implemented and administered through joint targets and indicators which are measured by the system as a whole rather than by individual departments. This avoids the common pitfall of setting contradictory objectives which often result in competition rather than supporting co-operation and collaboration.
The commencement of the Act on 1 April 2010 means that a number of new procedures and processes have been initiated and for many of these the data collections systems are not yet in place or have not yet been tested. For this reason monitoring of the Act will, in some instances, be implemented incrementally over the first year.
While the recently promulgated Child Justice Act (Act 75 of 2008) is the primary piece of legislation regulating and informing the management of children at risk and children in conflict with the law, within the criminal justice system, various other pieces of legislation and policies are also significant in regulating services provided to these children. Hence this NPF must be read in conjunction with the following legislation, policies, procedures, guidelines and international instruments that relate to children at risk and children in conflict with the law.
(A/HRC/10/L.
· Declaration of the Rights of the Child.
· The Constitution of the Republic of South Africa (108 of 1996) which sets out the rights of children in general and in the child justice system in particular.
· The Criminal Procedure Act (51 of 1977) which applies to all persons in the criminal justice system, including children.
â The CJA amends section 7 of the CPA by providing that a private prosecution may not be instituted against a child in respect of whom a matter has been diverted in terms of section 59(2) of the CJA.
the attendance of an accused child at a preliminary inquiry or in a child justice court.
â The CJA amends section 153 of the CPA by providing that, in terms of section 65 (5) of the CJA, no person may be present at the sitting of a child justice court, unless his or her presence is necessary in connection with the proceedings of the child justice court or the presiding officer has granted permission for the person to be there.
â The CJA amends section 302 of the CPA by changing the reference to a "reform school" to the term "child and youth care centre" in accordance with section 191 (2)(j) of the Children's Act, 2005.
â The CJA amends sections 309 and 316 of the CPA by aligning it with the provisions of section 84 of the CJA.
The Children's Act (38 of 2005) deals with the establishment of child and youth care centres which are facilities for the provision of residential care to more than six children outside the child's environment, in accordance with a residential care programme.16 It is important to note that the Child Justice Act, 2008 has amended section 191(2) and no longer refers to the Criminal Procedure Act, but now provides for the reception, development and safe care of children in terms of an order under Chapter 10 of the Child Justice Act, 2008. On a practical level one should note that in line with the Children's Act, 2005 (No. 38 of 2005), a policy decision has now been reached between the Departments of Social Development and Basic Education that the Department of Social Development will also take over the responsibility for the infrastructure of the Reform Schools, within the next 2 years.17 The Department of Basic Education will only be responsible for the educational programmes of the children detained at such institutions.
The Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007) is relevant in terms of the child who has allegedly committed a sexual offence. There are three aspects of the Act which may impact on child offenders. The first aspect concerns the case of children between the ages of 12 and 16 who commit consensual sexual acts. The prosecution of such an offence now requires written authorisation by the National Director of Public Prosecutions. The second aspect is concerned with the application for HIV testing of a child allegedly having committed a sexual offence. The third aspect concerns the inclusion into the National Register of Sexual Offences of children who have been convicted of a sexual offence.
The Correctional Services Act (111 of 1998) contains provisions which deal specifically with children and provides that detainees who are children must be kept separately from adults and in accommodation appropriate to their needs.18 The Act also provides significant detail around education and training opportunities which have to be provided as well a wide range of stipulations relating to the well-being of the child in correctional facilities. The White Paper on Corrections states that children under the age of 14 years should not be detained in correctional centres but that diversion, alternative sentences and detention facilities and centres, as administered by the Departments of Social Development and Basic Education, should be used for such children. In addition section 43 (4) notes that the National Commissioner may, in consultation with the Director- General of the Department of Social Development, transfer a sentenced offender who is a child to a reform school as contemplated in the Child Care Act, 1983 (Act No. 74 of 1983), and from the date of such transfer, the provisions of section 290 of the Criminal Procedure Act will apply.
There are also provisions in the Child Justice Act, which impact on either the mandate of the Department of Correctional Services or which amend provisions of the Correctional Services Act.
The Probation Services Act (Act 116 of 1991) (as amended) contains important provisions relating to child justice, such as those relating to assessment, diversion and restorative justice. In addition to specific provisions in the Child Justice Act, 2008, which spell out the various additional powers, duties and functions of probation officers, the Act also has amended several definitions contained in section 1 of the Probation Services Act, so as to more clearly reflect the intention contemplated in the Child Justice Act.
As has been highlighted in the preceding chapters the vision underpinning the Child Justice Act is that if child offenders are dealt with appropriately, the vast majority of them will grow up to become law-abiding, effective citizens. Childhood and particularly adolescence is a time of exploration and discovery. As children grow older they gradually gain autonomy and reach a stage where approval of peers becomes as or more important than approval of parents. Although this is a normal part of development, it presents risks to children as they push boundaries and engage in rule breaking, often along with their peers. Prevention programmes should therefore target pre-adolescents and adolescents.
If a child comes in conflict with the law this can be seen as an opportunity to effect meaningful change in that child's life and set him or her back on the path of conformity with the legally accepted rules and norms. An over-reaction can have the effect of the child seeing himself or herself as a victim of the system, and therefore failing to take responsibility for his or her actions.
The Act aims to ensure that the response to each child's offence is individualised and proportionate, not only to the offence, but also to the reality that the offender is not a fully responsible adult. Thus the Act recognises that children who commit crimes can and should be given a chance to change their ways.
In some cases this can be achieved through the opportunity of diversion. This ensures that the child takes responsibility for his or her behaviour and is linked with services that address identified risk factors for that individual child. The advantage of diversion is that it avoids stigmatisation of the child as a criminal and does not result in a criminal record. In other cases, it is necessary for children to go through a court process, and if found guilty, he or she will obtain a criminal record. In those cases, the sentencing provisions of the Act again provide scope for 'a second chance' through a range of options, which can be creatively applied.
The Act aims to limit the use of custodial sentencing, and particularly imprisonment, so that it is only applied as a last resort, and for the shortest appropriate period of time. This is based on the idea that young offenders are very amenable to change. As children mature and grow older, they may be able to be reintegrated into society as law-abiding citizens.
"Policy Framework" is a description of an interlinked and interdependent set of statements established as a policy guide to action to support the achievement of the goal of a high quality of services.
"Children in Conflict with the Law" refers to anyone under 18 who comes into contact with the judicial system, as a result of being suspected or accused of committing an offence19.
SAPS (South African Police Service) means the single Police Service established as provided for in section 199 (1) of the Constitution.
An important aspect of the evolution of child justice over time has been the change of language and terminology.
· Prisons to correctional facilities This National Policy Framework will be implemented and monitored by the various partners of the DG's ISCCJ and National Operational ISCCJ, to ensure that the best interests and rights of children in conflict with the law are promoted and protected.
The Policy will be reviewed after 3 years and on 5-year periods there-after, to ensure that such policies are kept updated and relevant to children's practical situation.
Footnotes http://www.mylexisnexis.co.za/nxt/gateway.
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Honoured guests, ladies and gentlemen, and representatives of the media.
The World Cup has certainly left South Africa a fantastic legacy, a legacy which says: "Yes, we can do it." In this instance, "Yes, we have done it."
Nkwinti and I were in the National Assembly where President Jacob Zuma led a two-hour debate on the achievements of the World Cup and most importantly, the achievements of all of us as South Africans.
We can truly be proud that we delivered at a world-class level in every respect as far as the World Cup is concerned. And today, I am sure that those of you who travel around the world, when you say I am South African, 90 percent of the time you get acknowledgment for the wonderful World Cup that we hosted in this country.
The Land Bank, on a much smaller scale, is in a similar class. Two years ago, it was in a disastrous state. Through the efforts of the new board, the new CEO and his team, we can certainly say that the Land Bank has reached a new milestone.
The turnaround is over. The Land Bank must now ask itself very important questions about the state of agriculture in this country and what its contribution must be, both in its own right and in partnership with various stakeholders. The Land Bank has to ask itself what, in the next five years, it is going to put on the ground. It has to ask itself how it will play the developmental role that we expect of it, whilst at the same time ensuring that it remains a financially sustainable institution. It has got to ask itself how it's going to play its role differently and a lot more energetically in order that small farmers, in particular, but indeed the farming and agricultural community as a whole, can make a difference to the South African economy.
A year ago at the launch of the 2008/09 annual report of the Land Bank, we were in the middle of a recession and we were talking about green shoots.
The green shoots did materialize, but we still live in a very uncertain world. China's growth is slowing down, but it is still 10 percent; the US is sending mixed signals and, apart from Germany, the Eurozone (our big trading partner) will probably be mired in low growth for some time to come. In its latest update of the global economic outlook, the IMF revised its growth forecast for 2010 upwards to 4.6%. That's a good sign, but a lot of that 4.6% will come from emerging markets. There's a fundamental rebalancing that's happening in the global economy. The drivers of growth for the last 10 years are not going to the drivers of growth for the next 10 years. The important thing South Africans, including the agricultural community, must ask themselves is: what does this mean for us; what does it mean for those of us who export to the rest of the world; what is it that we need to do differently in order to cope with the new circumstances?
Risks to growth have risen sharply as a result of considerable volatility in monthly economic data, both in South Africa and in the rest of the world, and the increased turbulence in financial markets.
The South African economy is well into modest recovery. Economic growth came in at 4.6% during the first quarter of this year, and growth for the second quarter is expected to be at least 3 percent. We will give you a final figure on October 27, the date of the Medium Term Budget Policy Statement.
Economic growth is essential. But what is crucial in South Africa is inclusive economic growth - growth which creates jobs, growth which reduces poverty and creates opportunities, particularly for young people in South Africa.
Growth also generates the taxes with which we pay for public services such as education, health, and security. It is therefore important that we remain focused on getting South Africa's economy on a higher and much more sustainable growth trajectory.
If we are to grow faster, we must create an environment that is favourable to domestic and foreign investment. We are all aware that we must cut red tape; we must lower the cost of doing business in South Africa, and deliver quality public services for our citizens. We must increase competition between firms - a serious challenge in South Africa; lower barriers to entry in the economy; support innovation and above all, increase exports.
The big challenge for South Africa is that if we want a very different, more prosperous and a more sustainable future for all South Africans, then we must set our ambition for growth at 7% a year over the next 20-30 year period. All we've achieved is about 5%. How do we grow this economy at 7% over the next 20 to 30 years is a crucial challenge all of us face for the next year or so. How to create the energy, the passion and partnerships that are necessary in order to generate this level of growth, which in turn must deliver jobs and reduce poverty and the gap between the rich and poor, is a challenge we need to have more conversation about.
It also requires that if, as leaders and representatives, we set ourselves that goal, we must also develop new ways of thinking about economic growth, and the role of the agricultural sector in economic growth, and the willingness to do things differently.
The South African agricultural sector has deep structural challenges. Unless all of us, whether we are from the advanced, developing or emerging agricultural sector, it's very important that we have an honest and frank assessment of the structural divides that we have in our society more broadly, but particularly within the agricultural sector.
The agricultural sector makes up a relatively small share of overall GDP, but this must change. Agriculture is a crucial site for job creation, for food security, and for driving exports at a much higher level than we have been able to do in recent years. In many ways, the welfare of our country depends on having a thriving and well-functioning agriculture sector. Agriculture employs 650 000 workers directly, but millions of people in other industries rely on farmers and farm workers. In 2009, agriculture and food exports were R46 billion in value, nearly 10 per cent of total exports. Also, about half of the unemployed live in rural areas, so agriculture will play a key role in solving our unemployment problem. We need to grow and expand our production of food and agro-processing industries to support higher and more inclusive growth in South Africa.
Development finance institutions (DFIs) such as the Land Bank can play a crucial role in helping South Africa onto a faster and more sustainable growth trajectory.
But the efforts of the DFIs must be better coordinated and, indeed, redirected to genuine developmental activity and orientation.
In this regard, proposals from the review of development financial institutions are extremely instructive. Drawing on global best practice, they point to the fact that DFIs can promote broader patterns of economic development, but only if they are well-run. Their mandates must be aligned with government policy. And this is clearly an area where we still have a deficit in South Africa. We talk of a developmental state, we talk of a necessity for developmental policies, but our institutions are not necessarily aligned with those goals.
The Land Bank is the only primary development finance institution working in agriculture and rural development, and therefore has a crucial role to play. It was with this understanding that my predecessor, Minister Manuel approved the Land Bank's turnaround strategy, which is a sound plan with quantifiable targets and is aligned with government priorities.
The Land Bank's 2009/10 annual report presents an excellent picture of the progress made by the bank over this past financial year. Over the next year, I would like to see the Land Bank making an even bigger contribution towards making our rural areas viable economic units, reducing unemployment in rural areas, reducing income inequality and reducing economic vulnerability in rural areas.
We are all aware of the challenges that the Land Bank was beset with when the new CEO took over: a parasitic and unethical leadership, lack of control systems, lack of accountability, poor business direction, poor corporate governance leading to corruption and mismanagement, and lack of proper risk and credit policies.
These legacy issues are yet another reminder of the high price of poor corporate governance and mismanagement. Poor governance and mismanagement in state-owned enterprises have real costs, and it is often the poor who bear a disproportionate burden of this cost. It is precisely for this reason that rent seeking and opportunistic people who have no hesitation in hijacking resources and institutions of the state must be challenged and stopped.
The Land Bank is living proof of the billions of rands that can be lost and the damage that can be done both to the institution and its capacity to assist those most in need. There's a cultural change that is developing in South Africa. There are people who want to feed off an institution like the Land Bank, a public institution funded with taxpayers' money for the benefit of citizens, particularly the poor citizens of South Africa.
The history of the Land Bank over the past few years shows how people who are only interested in themselves, only interested in their own pockets and who have an opportunistic approach, can destroy these institutions. This is a culture that must be fought. This is a culture that must be stopped. Otherwise all public institutions that should serve the poor will be captured by the small elites in order to serve their purposes. That is unacceptable.
But the Land Bank is also a wonderful example of what leaders and public servants with integrity and loyalty to the Bank's developmental role in the agricultural sector, can do to turn around such an important institution, both in real and potential terms, and setting in on a new and exciting strategic path. We need more leaders like Dr Ngubane and Phakami Hadebe (Land Bank CEO), who are dedicated to public service. We need leaders who are humble, with modest goals, but imbued with a burning passion to make a difference, to make the lives of the poor and marginalised people better, and build the agricultural sector.
As the 2009/10 annual report will attest, the Land Bank is poised to become a strategic and sustainable development finance institution. It is due to these developments that my colleagues (the Minister of Agriculture, Forestry and Fisheries, and the Minister of Rural Development and Land Reform) and I have been working with Land Bank's management team to realign the Bank and ensure that socio-economic development and food security are core to its business.
Key to the development focus of the Land Bank is ensuring that it contributes to government priorities by paying particular attention to emerging farmers. This does not mean the neglect of commercial farmers. Emerging farmers and commercial farmers are the two sides of the same coin.
What the World Cup, and the rugby matches played in Soweto, show is that if South Africans can create synergies amongst themselves, if they recognise their differences but also the commonness of their destiny in this country, they can produce magic in this country. We have produced it, you have seen it during the World Cup. This can be done in agricultural sector. I hope that the Land Bank together with the two departments concerned with the agricultural sector will act as a pivot around which this dialogue can take place, so that emerging farmers and commercial farmers can reach new thresholds in terms of their relationship.
My colleagues and I will soon go to Cabinet to present two proposals on the Land Bank. The first is a proposal on how the bank intends to help distressed farmers restore their financial and organisational sustainability. The second is a valuechain financing model which will see the Bank financing businesses involved in the production, manufacturing and marketing of food.
I think the Land Bank and government departments have a critical role to play. We don't have sufficient appreciation, as South Africans outside of the agricultural sector (and perhaps within the agricultural sector), of the tremendous constraints and historical legacies that black farmers in South Africa face. These include access to reasonably costed finance, access to markets, and simple organisational things that don't exist in parts of South Africa, and also the level of skills, experience and the resilience that is required to make a success of an enterprise in the agricultural sector. We can do a lot more together to understand those difficulties and create the right partnerships between government, the private sector and the DFIs to make a real difference on the ground.
This past financial year the National Treasury approved R3.5 billion of guarantees in support of the Land Bank's turnaround. Of this amount, R1 billion has already been converted into a cash injection into the bank's capital. This support has strengthened the Bank's balance sheet and will ensure that it lives up to its mandate to promote economic development in the rural areas.
In conclusion, ladies and gentlemen, the Land Bank should position itself not only in relation to South Africa, but more broadly with the rest of the African continent. It must do this slowly, not too fast.
World food production, according to UN projections, will have to increase by 70% over the next 40 years to feed a growing world population. Africa could, and should, play a big role in meeting this demand. The continent has 600 million hectares of land that is currently not under cultivation. Moreover, Africa has significant space to improve on its crop yields, which are well below global average.
Africa has the potential to be one of pillars of the "green revolution", in which the production of food and other agriculture commodities will increase significantly through the use of new technologies and the availability of better infrastructure. The Land Bank can contribute toward this goal, and drive the growth of South Africa and, indeed, the rest of the African continent. The irony is that the rest of the world is slowly recognising the potential of the African continent.
The more important and exciting opportunity for us today is the talk by political and economic leaders of the necessity to rebalance the global economy, to change patterns of consumption and production, to change the patterns of demand and growth. We as Africans need to position ourselves within that debate and say to the world: we have 1 billion consumers and producers on this continent, that we have this potential, particularly in the agricultural sector. We must make sure that the natural resources of this continent are not used only for the benefit of other continents, but also for the benefit of Africans themselves.
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Fellow Chartered Management Accountant (FCMA) and Associate Chartered Management Accountant (ACMA).
MR J T RADEBE, MP Minister of Justice and Constitutional Development http://www.mylexisnexis.co.za/nxt/gateway.
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National Treasury has noted the cautionary announcement today by Old Mutual (the majority shareholder of Nedbank) and Nedbank on the offer made by HSBC Holdings plc ("HSBC") to acquire a controlling interest in Nedbank. HSBC's interest in Nedbank is a vote of confidence in the country's political and economic progress over the past sixteen years.
In terms of the Banks Act, the acquisition of a shareholding of more than 15 per cent requires the approval of the Registrar of Banks, and if the target shareholding exceeds 49 per cent, the consent of the Minister of Finance ("the Minister") is required.
In considering any request for a shareholding exceeding 49 per cent in a bank, the Minister must be satisfied that the proposed acquisition will not be contrary to the public interest as well as the interests of the depositors, the bank and the banking sector as a whole. Specifically, the Minister would also be required to consider whether a transaction would compromise the stability and soundness of the domestic financial system.
National Treasury has not received any regulatory application on the proposed transaction and therefore has not considered the merits of the proposed transaction. However, it should be noted that Nedbank is already effectively owned by Old Mutual plc, a UK based company.
No decision regarding regulatory approvals will be made until such time as the representatives of Old Mutual, HSBC and Nedbank, working through the South African Reserve Bank, have submitted formal requests for regulatory approvals to the Minister.
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The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), read with section 9(6)(a) of the Jurisdiction of Regional Courts Amendment Act, 2008 (Act No. 31 of 2008), with the approval of the Minister for Justice and Constitutional Development, made the rules in the Schedule.
Rule No.
The purpose of these rules is to promote access to the courts and to ensure that the right to have disputes that can be resolved by the application of law by a fair public hearing before a court is given effect to.
These rules are to be applied so as to facilitate the expeditious handling of disputes and the minimization of costs involved.
In order to promote access to the courts or when it is in the interest of justice to do so, a court may, at a conference convened in terms of section 54(1) of the Act, dispense with any provision of these rules and give directions as to the procedure to be followed by the parties so as to dispose of the action in the most expeditious and least costly manner.
With the exception of Forms 2, 2A, 2B, 3, 5A and 5B which shall in all respects conform to the specimens, the forms contained in Annexure 1 may be used with such variation as circumstances require.
any written request as referred to in section 59 of the Act which does not comply with a request contained in Form 5A or 5B.
All process of the court for service or execution and all documents or copies to be filed of record other than documents or copies filed of record as documentary proof shall be on paper known as A4 standard paper of a size of approximately 210mm by 297 mm.
"Criminal Procedure Act, 1977" means the Criminal Procedure Act, 1977 (Act No.
"Divorce Act, 1979" means the Divorce Act, 1979 (Act No.
"Electronic Communications and Transactions Act, 2002" means the Electronic Communications and Transactions Act, 2002 (Act No.
"National Credit Act, 2005" means the National Credit Act, 2005 (Act No.
"sheriff", means a person appointed in terms of section 2 of the Sheriffs Act, 1986 (Act No.
"the Act" means the Magistrates' Courts Act, 1944 (Act No. 32 of 1944).
A Saturday, Sunday or public holiday shall not, unless the contrary appears, be reckoned as part of any period calculated in terms of these rules.
All distances shall be calculated over the shortest route reasonably available in the circumstances.
The registrar or clerk of the court shall sign (manually or by machining a facsimile of his or her signature) and issue all such process of the court as may be sued out by any person entitled thereto or, at the request of any party by whom process was sued out, to reissue such process after its return by the sheriff.
The first document filed in a case or any application not relating to a then pending case shall be numbered by the registrar or clerk of the court with a consecutive number for the year during which it is filed.
Every document that has been served or delivered in an action or application referred to in subrule (2) or in any subsequent matter in continuation of any such application or action shall be marked with the relevant number by the party delivering it and shall not be received by the registrar or clerk of the court until so marked.
All documents delivered to the registrar or clerk of the court to be filed and any minutes made by the court shall be filed under the number of the respective action or application.
Copies of the documents referred to in rule 3(4) may be made by any person in the presence of the registrar or clerk of the court.
any costs incurred after judgment and payable by the judgment debtor.
A second or further certified copy of a judgment may be issued upon the filing of an affidavit confirming the loss of the certified copy of a judgment which it is intended to replace.
The registrar or clerk of the court shall assist litigants by explaining these rules of procedure and providing such further assistance as is reasonably possible in accordance with section 9(6)(b)(ii) of the Jurisdiction of Regional Courts Amendment Act, 2008 (Act No. 31 of 2008).
a daily index of all cases entered in the register of divorce cases.
a request for a judgment by default having been refused.
party or tax any bill of costs.
When a court imposes upon a person any fine such person shall forthwith pay such fine to the registrar or clerk of the court.
Except on Saturdays, Sundays and public holidays, the offices of the registrar or clerk of the court shall be open from 8:00 to 13:00 and from 14:00 to 16:00, save that, for the purpose of issuing any process or filing any document, other than a notice of intention to defend, the offices shall be open from 8:00 to 13:00, and from 14:00 to 15:00: Provided that the registrar or clerk of the court may in exceptional circumstances issue process and accept documents at any time, and shall do so when directed by a magistrate.
(a) The letter of demand referred to in sections 57 and 58 of the Act shall contain particulars about the nature and amount of the claim.
Where the original cause of action is a credit agreement under the National Credit Act, 2005, the letter of demand referred to in section 58 of the Act must deal with each one of the relevant provisions of sections 129 and 130 of the National Credit Act, 2005, and allege that each one has been complied with.
A request in writing referred to in section 59 of the Act shall be directed to the registrar or clerk of the court by means of Form 5A or 5B, as the case may be, supported by an affidavit containing such evidence as is necessary to establish that all requirements in law have been complied with.
A consent to judgment in terms of section 58 of the Act shall be signed by the debtor and by two witnesses whose names shall be stated in full and whose addresses and telephone numbers shall also be recorded.
Rules 12(6), (6A) and (7) apply to a request for judgment in terms of sections 57 and 58 of the Act.
after complying with paragraph (a), if the summons is a combined summons, within 20 days after giving such notice, deliver a plea (with or without a claim in reconvention), or an exception, or an application to strike out.
In every case where the claim is not for a debt or liquidated demand the summons shall be a combined summons similar to Form 2B of Annexure 1, to which summons shall be annexed a statement of the material facts relied upon by the plaintiff in support of plaintiff's claim, and which statement shall, amongst others, comply with rule 6.
Where the claim is for a debt or liquidated demand the summons may be a simple summons similar to Form 2 of Annexure 1.
(i) Every summons shall be signed by the attorney acting for the plaintiff and shall bear the attorney's physical address, within 15 kilometres of the courthouse, the attorney's postal address and, where available, the attorney's facsimile address and electronic mail address.
If no attorney is acting for the plaintiff, the summons shall be signed by the plaintiff, who shall in addition append a physical address within 15 kilometres of the courthouse at which plaintiff will accept service of all subsequent documents and notices in the suit, the plaintiff's postal address and, where available, plaintiff's facsimile address and electronic mail address.
business of the plaintiff, and if the plaintiff sues in a representative capacity, such capacity.
a notice in which the defendant's attention is directed to the provisions of sections 57, 58, 65A and 65D of the Act in cases where the action is based on a debt referred to in section 55 of the Act.
show any abandonment of part of the claim under section 38 of the Act and any set-off under section 39 of the Act.
Provided that where the original cause of action is a credit agreement under the National Credit Act, 2005, the plaintiff seeking to obtain judgment in terms of section 58 of the Act shall in the summons deal with each one of the relevant provisions of sections 129 and 130 of the National Credit Act, 2005, and allege that each one has been complied with.
A summons for rent under section 31 of the Act shall be in the form prescribed in Annexure 1, Form 3.
Where the plaintiff sues as cessionary the plaintiff shall indicate the name, address and description of the cedent at the date of cession as well as the date of the cession.
"The defendant's attention is drawn to section 26(1) of the Constitution of the Republic of South Africa which accords to everyone the right to have access to adequate housing. Should the defendant claim that the order for eviction will infringe that right it is incumbent on the defendant to place information supporting that claim before the Court".
If a party fails to comply with any of the provisions of this rule, such summons shall be deemed to be an irregular step and the opposite party shall be entitled to act in accordance with rule 60A.
Every pleading shall be signed by an attorney or, if a party is unrepresented, by that party.
The title of the action describing the parties thereto and the number assigned thereto by the registrar or clerk of the court, shall appear at the head of each pleading: Provided that where the parties are numerous or the title lengthy and abbreviation is reasonably possible, it shall be so abbreviated.
Every pleading shall be divided into paragraphs (including sub-paragraphs) which shall be consecutively numbered and shall, as nearly as possible, each contain a distinct averment.
Every pleading shall contain a clear and concise statement of the material facts upon which the pleader relies for his or her claim, defence or answer to any pleading, as the case may be, with sufficient particularity to enable the opposite party to reply thereto.
When in any pleading a party denies an allegation of fact in the previous pleading of the opposite party, he or she shall not do so evasively, but shall answer the point of substance.
A party who in such party's pleading relies upon a contract shall state whether the contract is in writing or oral, when, where and by whom it was concluded, and if the contract is in writing a copy thereof or of the part relied on in the pleading shall be annexed to the pleading.
It shall not be necessary in any pleading to state the circumstances from which an alleged implied term can be inferred.
A party claiming division, transfer or forfeiture of assets in divorce proceedings in respect of a marriage out of community of property, shall give details of the grounds on which such party claims entitlement to such division, transfer or forfeiture.
disfigurement, with a full description thereof and stating whether it is temporary or permanent.
A plaintiff suing for damages resulting from the death of another shall state the date of birth of the deceased as well as that of any person claiming damages as a result of the death.
A party who relies on an agreement governed by legislation shall state the nature and extent of the party's compliance with the relevant provisions of such legislation.
If a party fails to comply with any of the provisions of this rule, such pleading shall be deemed to be an irregular step and the opposite party shall be entitled to act in accordance with rule 60A.
Subject to the provisions of this rule, a summons may be amended by the plaintiff before service as he or she may deem fit.
Any alteration or amendment of a summons before service and whether before or after issue, shall, before the summons is served, be initialled by the registrar or clerk of the court in the original summons, and, until so initialled, such alteration or amendment shall have no effect.
When no first name or initial or an incorrect or incorrectly spelt first name is or not all the first names of the defendant are reflected in the summons and the first name or initial or the correct or correctly spelt first name of the defendant is or all the first names of the defendant are furnished by the person on whom service of the summons was effected, and such first name or initial or correct or correctly spelt first name is disclosed in the return of the sheriff, or all the first names of the defendant are so disclosed, the registrar or clerk of the court may, at the request of the plaintiff and without notice to the defendant, insert such name or initial in the summons as being the name or initial of the defendant and such amendment shall for all purposes be considered as if it had been made before service of the summons.
Rule 55A shall apply to the amendment of a summons after service.
Except as otherwise provided in these rules, the process of the court shall be served or executed, as the case may be, through the sheriff.
Service or execution of process of the court shall be effected without any unreasonable delay, and the sheriff shall, in any case where resistance to the due service or execution of the process of the court has been met with or is reasonably anticipated, have power to call upon any member of the South African Police Force, as established by the South African Police Service Act, 1995 (Act No. 68 of 1995), to render him or her aid.
the party who sued out the process that he or she has been unable to effect service or execution and of the reason for such inability, and return the said process to such party, and keep a record of any process so returned.
When a summons is entrusted to the sheriff for service, subrule (3) shall mutatis mutandis be applicable: Provided that the registrar or clerk of the court shall not be notified of the service and that the summons shall be returned to the party who sued out the summons.
In any court for which an officer of the Public Service has been appointed sheriff, the return of any process shall be deemed to have been properly effected if the said process is placed in a receptacle specially set apart for the attorney of that party in the office of the said sheriff.
After service or attempted service of any process, notice or document, the sheriff, other than a sheriff who is an officer of the Public Service, shall specify the total amount of his or her charges on the original and all copies thereof and the amount of each of his or her charges separately on the return of service.
The Director-General of Justice shall by notice in the Gazette publish the name of every court for which a sheriff who is an officer of the Public Service has been appointed.
A party requiring service of any process, notice or other document to be made by the sheriff shall provide the sheriff with the original or a certified copy of such process, notice or document, together with as many copies thereof as there are persons to be served: Provided that the registrar or clerk of the court may, at the written request of the party requiring service, hand such process, notice or document and copies thereof to the sheriff.
Except as provided in paragraph (b) or in the case of service by post or upon order of the court, process, notices or other documents shall not be served on a Sunday or public holiday.
An interdict, a warrant of arrest, and a warrant of attachment of property under section 30bis of the Act may be executed on any day at any hour and at any place.
if the plaintiff or his or her authorised agent has given instructions in writing to the sheriff to serve by registered post, the process shall be so served: Provided that a debt counsellor who makes a referral to court in terms of section 86(7) (c) or 86(8)(b) of the National Credit Act may cause the referral to be served by registered post or by hand.
Provided that where such service has been effected in the manner prescribed by paragraphs (b), (c), (e) or (g), the sheriff shall indicate in the return of service of the process the name of the person to whom it has been delivered and the capacity in which such person stands in relation to the person, corporation, company, body corporate or institution affected by the process and where such service has been effected in the manner prescribed by paragraphs (b), (c), (d) or (f), the court may, if there is reason to doubt whether the process served has come to the actual knowledge of the person to be served, and in the absence of satisfactory evidence, treat such service as invalid: Provided further that, subject to subrule (9), service of any process through which a divorce action is instituted shall only be affected by the sheriff on the defendant personally.
The sheriff shall, on demand by the person upon or against whom process is served, exhibit to that person the original or certified copy of the process.
The sheriff or other person serving the process or documents shall explain the nature and contents thereof to the person upon whom service is being affected and shall state in his or her return or affidavit or on the signed receipt whether he or she has done so.
Where the person to be served keeps his or her residence or place of business closed and thus prevents the sheriff from serving the process, it shall be sufficient service to affix a copy thereof to the outer or principal door or security gate of such residence or place of business or to place such copy in the post box at such residence or place of business.
Service of an interpleader summons where claim is made to any property attached under process of the court may be made upon the attorney, if any, of the party to be served.
in the case of a syndicate, unincorporated company, club, society, church, public institution or public body, when service may be effected by delivery at the local office or place of business of such body or, if there be none such, by service on the chairperson or secretary or similar officer thereof in any manner prescribed in this rule.
Service of a subpoena on a witness may be effected at a reasonable time before attendance is required in any manner prescribed in this rule.
Service of any notice, request, statement or other document which is not process of the court may be effected by delivery by hand at the address for service given in the summons or appearance to defend, as the case may be, or by sending it by registered post to the postal address so given: Provided that, subject to rules 5 and 13, service of such notice, request, statement or other document may be effected by sending it by facsimile or electronic mail to the facsimile address or electronic mail address given in the summons or notice of intention to defend, as the case may be.
An address for service, postal address, facsimile address or electronic address so given as contemplated in paragraph (a) may be changed by the delivery of notice of a new address and thereafter service may be effected as provided for in that paragraph at such new address.
Service by registered post under this subrule shall, until the contrary appears, be deemed to have been effected at 10 o'clock in the forenoon on the fourth day after the postmarked date upon the receipt for registration.
Chapter III, Part 2 of the Electronic Communications and Transactions Act, 2002 is applicable to service by facsimile or electronic mail.
Service under this subrule need not be effected through the sheriff.
Subject to rule 10, where the court is satisfied that service cannot be effected in any manner prescribed in this rule and that the action is within its jurisdiction, it may make an order allowing service to be effected by the person and in the manner specified in such order.
in the case where any other party is to be served, at least 10 days, before the time specified in such ex parte order or interpleader summons for the appearance of such party.
in the case of any other party, at least 10 days, before the day appointed for the hearing of the application, but the court may on cause shown reduce such period.
Unless otherwise provided, where service of process may be effected by registered post such service shall be effected by the sheriff placing a copy thereof in an envelope, addressing and posting it by pre-paid registered letter to the address of the party to be served and making application at the time of registration for an acknowledgment by the addressee of the receipt thereof as provided in regulation 44(5) of the regulations published under Government Notice R. 550 of 14 April 1960.
If no such acknowledgment be received the sheriff shall state the fact in his or her return of service of the process.
"This letter must not be readdressed. If delivery is not effected before 20 , this letter must be delivered to the Sheriff of the Magistrate's Court at ".
by any person referred to in sub-paragraph (i) or (ii) of paragraph (a), if the law of such country permits him or her to serve such process or document or if there is no law in such country prohibiting such service and the authorities of that country have not interposed any objection thereto.
Service of any process of the court or of any document in Australia, Botswana, Finland, France, Hong Kong, Lesotho, Malawi, New Zealand, Spain, Swaziland, the United Kingdom of Great Britain and Northern Ireland and Zimbabwe may, notwithstanding subrule (14), also be effected by an attorney, solicitor, notary public or other legal practitioner in the country concerned who is under the law of that country authorised to serve process of court or documents and in the state concerned who is under the law of that state authorised to serve process of court or documents.
Any process of court or document to be served in a foreign country shall be accompanied by a sworn translation thereof into an official language of that country or part of that country in which the process or document is to be served, together with a certified copy of the process or document and such translation.
Any process of court or document to be served as provided in subrule (14), shall be delivered to the registrar or the clerk of the court, as the case may be.
Any process of court or document delivered to the registrar_or clerk of the court, as the case may be, in terms of paragraph (b) shall be transmitted by him or her together with the translation referred to in paragraph (a), to the Director-General of International Relations and Cooperation or to a destination indicated by the Director-General of International Relations and Cooperation, for service in the foreign country concerned, and the registrar or clerk of the court shall satisfy himself or herself that the process of court or document allows a sufficient period for service to be effected in good time.
where service has not been effected by the sheriff, nor in terms of subrule (14) or (15), by an affidavit of the person who effected service, or in the case of service on an attorney or a member of his or her staff, the Government of the Republic, the Administration of any Province or on any Minister, Premier, or any other officer of such Government or Administration, in his or her capacity as such, by the production of a signed receipt therefor.
(a) The document which serves as proof of service shall, together with the served process of court or document, without delay be furnished to the person at whose request service was effected.
his or her mandate to act on behalf of a party, if he or she is a legal practitioner, is terminated in any manner.
the process of court or document in question has been served by him or her, setting forth the manner and date of such service and affirming that the law of the country concerned permits him or her to serve process of court or documents or that there is no law in such country prohibiting such service and that the authorities of that country have not interposed any objection thereto.
Whenever any process has been served within the Republic by a sheriff outside the jurisdiction of the court from which it was issued, the signature of such sheriff upon the return of service shall not require authentication by the sheriff.
Whenever the court is not satisfied as to the effectiveness of the service, it may order such further steps to be taken as it deems fit.
two copies of a translation in English of such process or citation if the original is in any other language.
Service under subrule (21) shall be effected by delivering to the person to be served one copy of the process or citation to be served and one copy of the translation, if any, thereof in accordance with this rule.
particulars of charges for the cost of effecting such service.
The particulars of charges for the cost of effecting service under subrule (21) shall be submitted to the taxing officer of the court concerned, who shall certify the correctness of such charges or other amount payable for the cost of effecting service.
the particulars of charges for the cost of effecting service, and the certificate, or copy thereof, certifying the correctness of such charges.
(a) Save by leave of the court no process or document whereby proceedings are instituted shall be served outside the Republic.
If service of process or document whereby proceedings are instituted cannot be effected in any manner prescribed in rule 9, or if process or a document whereby proceedings are instituted is to be served outside the Republic, the person desiring to obtain leave to effect service may apply for such leave to a presiding officer, who may consider the application in chambers.
Any person desiring to obtain leave in the circumstances contemplated in subrule (1)(b) shall make application to the court setting forth concisely the nature and extent of his or her claim, the grounds upon which it is based and upon which the court has jurisdiction to entertain the claim and also the manner of service which the court is asked to authorise: Provided that if the manner of service is other than personal service, the application shall further set forth the last-known whereabouts of the person to be served and the inquiries made to ascertain his or her present whereabouts.
Upon such application the court may make such order as to the manner of service as it deems fit and shall further order the time within which notice of intention to defend is to be given or any other step that is to be taken by the person to be served.
Where service by publication is ordered, it may be in a form similar to Form 4 of Annexure 1, approved and signed by the registrar or clerk of the court.
Any person desiring to obtain leave to effect service inside or outside the Republic of any document other than one whereby proceedings are instituted, may either make application for such leave in terms of subrule (2) or request such leave at any hearing at which the court is dealing with the matter, in which latter event no papers need be filed in support of such request, and the court may act upon such information as may be given from the bar or given in such other manner as it may require, and may make such order as it deems fit.
lodging with the registrar or clerk of the court a consent in a similar form duly signed by him or her and by two witnesses whose names are stated in full and whose addresses and telephone numbers are also recorded.
Where a defendant consents to judgment as contemplated in subrule (1) before instructions for service have been given to the sheriff, it shall not be necessary to serve the summons, and the defendant shall not be chargeable with fees for service.
Subject to the provisions of section 58 of the Act a defendant consenting in terms of subrule (1) before the expiration of the time within which to deliver notice of intention to defend shall not be chargeable with judgment charges.
A defendant may, after delivering notice of intention to defend, save for actions for relief in terms of the Divorce Act, 1979, or nullity of marriage, consent to judgment by delivering a consent similar in form to that endorsed on the summons and such consent shall be signed by the defendant or by his or her attorney.
If a defendant's consent is for less than the amount claimed in the summons, he or she may deliver notice of intention to defend or may continue his or her defence as to the balance of the claim.
Notwithstanding a judgment upon a consent contemplated in paragraph (a), the action may proceed as to the balance of the claim, and it shall be in all subsequent respects an action for such balance.
When a defendant has consented to judgment, the registrar or clerk of the court shall, subject to section 58 of the Act and rule 12(5), (6) and (7), enter judgment in terms of the defendant's consent: Provided that where such consent to judgment is contained in defendant's plea, the registrar or clerk of the court shall refer the matter to the court and the court may thereupon exercise its powers under rule 12(7).
interest at the rate specified in the summons to the date of payment or, if no rate is specified, at the rate prescribed under section 1(2) of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975).
If the defendant has delivered notice of intention to defend but has failed to deliver a plea within the time prescribed under rule 17 or within any extended time allowed, the plaintiff may deliver a notice in writing calling upon the defendant to deliver a plea within 5 days of the receipt of such notice, and, on failure of the defendant to deliver his or her plea within that period or within such further period as may be agreed between the parties, he or she shall be in default with such plea, and ipso facto barred.
When the plaintiff has complied with subparagraph (i) he or she may lodge with the registrar or clerk of the court a request in writing for judgment in the same manner as when the defendant has failed to deliver notice of intention to defend.
When the defendant has failed to deliver notice of intention to defend or, having delivered such notice, has failed to deliver a plea within the period specified in the notice delivered to him or her in terms of paragraph (b) and the plaintiff has in either case lodged a request for judgment, the registrar or clerk of the court shall process the request in terms of the provisions of subrules (2), (3), (4), (5), (6), (6A) and (7), and notify the plaintiff of the outcome of the request by returning the duplicate copy duly endorsed as to the result and the date thereof.
When a defendant has delivered notice of intention to defend but has failed to deliver a plea within the period specified in the notice delivered to him or her in terms of paragraph (b) and the registrar or clerk of the court has entered judgment in terms of a request lodged by the plaintiff, costs shall be taxed as if it had been a defended action.
Provided that in divorce actions rule 22(5) shall apply.
exhibits any two or more of such defects or any other defect of form, he or she shall not enter judgment against the defendant unless the plaintiff has delivered notice in writing to the defendant calling upon him or her to deliver a notice of intention to defend in due form within 5 days of the receipt of such notice.
The notice provided for in subrule (2)(a) shall set out in what respect the defendant's notice of intention to defend is defective.
On failure of the defendant to deliver a notice of intention to defend as provided in paragraph (a), the plaintiff may lodge with the registrar or clerk of the court a written request for judgment in default of due notice of intention to defend: Provided that in divorce actions rule 22(5) shall apply.
Judgment in default of appearance to defend shall not be entered in an action in which the summons has been served by registered post unless the acknowledgement of receipt referred to in rule 9 (13) (a) has been filed by the sheriff with his or her return of service.
When a claim is for a debt or liquidated amount in money and the defendant has failed to deliver notice of intention to defend or, having delivered notice of intention to defend, has failed to deliver a plea within the period specified in the notice delivered in terms of subrule (1)(b)(i) and the plaintiff has in either case lodged a request for judgment, the registrar or clerk of the court may, subject to the provisions of subrules (2), (4), (5), (6) and (6A) grant judgment or refer the matter to the court in terms of subrule (7).
The registrar or clerk of the court shall refer to the court any request for judgment for an unliquidated amount and the plaintiff shall furnish to the court evidence either oral or by affidavit of the nature and extent of the claim, whereupon the court shall assess the amount recoverable by the plaintiff and shall give an appropriate judgment.
The registrar or clerk of the court shall refer to the court any request for judgment on a claim founded on any cause of action arising out of or based on an agreement governed by the National Credit Act, or the Credit Agreements Act, 1980 (Act No. 75 of 1980), and the court shall thereupon make such order or give such judgment as it may deem fit.
If the action be on a liquid document or any agreement in writing the plaintiff shall together with the request for default judgment file the original of such document or the original agreement in writing or an affidavit setting out reasons to the satisfaction of the court or the registrar or clerk of the court, as the case may be, why such original cannot or should not be filed.
If a claim is founded on any cause of action arising out of or regulated by legislation, then the plaintiff shall together with the request for default judgment file evidence confirming compliance with the provisions of such legislation to the satisfaction of the court.
make such other order as it may deem fit.
When one or more of several defendants in an action consent to judgment or fail to deliver notice of intention to defend or to deliver a plea, judgment may be entered against the defendant or defendants who have consented to judgment or are in default, and the plaintiff may proceed on such judgment without prejudice to his or her right to continue the action against another defendant or other defendants.
Judgment shall be entered by making a minute of record thereof.
The defendant in every civil action shall be allowed 10 days after service of summons on defendant within which to deliver a notice of intention to defend, either personally or through defendant's attorney: Provided that the days between 16 December and 15 January, both inclusive, shall not be counted in the time allowed within which to deliver a notice of intention to defend.
In an action against any Minister, Deputy Minister, Provincial Premier, officer or servant of the State, in such official capacity, the State or the administration of a province, the time allowed for delivery of notice of intention to defend shall not be less than 20 days after service of summons, unless the court has specially authorised a shorter period.
When a defendant delivers notice of intention to defend, the defendant shall therein give his or her full physical residential or business address, postal address and where available, facsimile address and electronic mail address, and shall also indicate and select therein the preferred address for service on the defendant thereat of all documents in such action, and service thereof at the address so given shall be valid and effectual, except where by any order or practice of the court personal service is required: Provided that the physical address given by the defendant in the notice of intention to defend shall be an address situated within 15 kilometres of the courthouse.
A party shall not by reason of delivery of notice of intention to defend be deemed to have waived any right to object to the jurisdiction of the court or to any irregularity or impropriety in the proceedings.
Notwithstanding subrules (1) and (2) a notice of intention to defend may be delivered even after expiration of the period specified in the summons or the period specified in subrule (2), before default judgment has been granted: Provided that the plaintiff shall be entitled to costs if the notice of intention to defend was delivered after the plaintiff had lodged the request for judgment by default.
for ejectment, together with any claim for interest and costs.
The plaintiff shall within 15 days after the date of delivery of notice of intention to defend, deliver notice of application for summary judgment, together with an affidavit made by plaintiff or by any other person who can swear positively to the facts verifying the cause of action and the amount, if any, claimed and stating that in his or her opinion there is no bona fide defence to the action and that notice of intention to defend has been delivered solely for the purpose of delay. If the claim is founded on a liquid document a copy of the document shall be annexed to such affidavit and the notice of application for summary judgment shall state that the application will be set down for hearing on a stated day not being less than 10 days from the date of the delivery thereof.
satisfy the court by affidavit (which shall be delivered before noon on the court day but one preceding the day on which the application is to be heard) or with the leave of the court by oral evidence of himself or herself or of any other person who can swear positively to the fact that defendant has a bona fide defence to the action, and such affidavit or evidence shall disclose fully the nature and grounds of the defence and the material facts relied upon therefor.
No evidence may be adduced by the plaintiff otherwise than by the affidavit referred to in subrule (2), nor may either party cross-examine any person who gives evidence orally or on affidavit: Provided that the court may put to any person who gives oral evidence such questions as it deems fit.
If the defendant does not find security or satisfy the court as provided in subrule (3), the court may enter summary judgment in favour of the plaintiff.
give leave to defend to the defendant as to part of the claim and enter judgment against him or her as to the balance of the claim, unless such balance has been paid to the plaintiff; or make both orders provided for in subparagraphs (i) and (ii).
If the defendant finds security or satisfies the court as provided in subrule (3), the court shall give leave to defend, and the action shall proceed as if no application for summary judgment had been made.
Leave to defend may be given unconditionally or subject to such terms as to security, time for delivery of pleadings, or otherwise, as the court deems fit.
Where delivery of a declaration is required by these rules and the court, when giving leave to defend in terms of this rule, has not made an order for the delivery of such declaration within a specified time, such declaration shall be delivered within 15 days of the date leave to defend has been given.
in any case in which summary judgment was refused and in which the court after trial gives judgment for the plaintiff substantially as prayed, and the court finds that summary judgment should have been granted had the defendant not raised a defence which in its opinion was unreasonable, the court may order the plaintiff's costs of the action to be taxed as between attorney and client.
14A (1) Where by law any person may be summoned to answer a claim made for provisional sentence, proceedings shall be instituted by way of a summons in accordance with Form 2A of Annexure 1, calling upon such person to pay the amount claimed or failing such payment to appear personally or by practitioner upon a day named in such summons not being less than 10 days after the service upon him or her of such summons, to admit or deny his or her liability.
A summons provided for in subrule (1) shall be issued by the registrar or clerk of the court and rule 5 shall apply mutatis mutandis.
Copies of all documents upon which the claim is founded shall be annexed to the summons and served with it.
The plaintiff shall set down a case for hearing for provisional sentence not later than three days before the day upon which it is to be heard.
Upon the day named in a summons for provisional sentence the defendant may appear personally or by a practitioner to admit or deny his or her liability or may, not later than three days before the day upon which he or she is called upon to appear in court, deliver an affidavit setting forth the grounds upon which he or_she disputes liability.
In the event of delivery of an affidavit provided for in paragraph (a) the plaintiff shall be afforded a reasonable opportunity of replying thereto.
If at a hearing for provisional sentence the defendant admits his or her liability or if he or she has previously filed with the clerk of the court an admission of liability signed by himself or herself and witnessed by an attorney acting for him or her and not acting for the opposite party, or, if not so witnessed, verified by affidavit, the court may give final judgement against him or her.
The court may hear oral evidence as to the authenticity of the defendant's signature, or that of his or her agent, to the document upon which claim for provisional sentence is founded or as to the authority of the defendant's agent.
Should the court refuse provisional sentence it may order the defendant to file a plea within a stated time and may make such order as to the costs of the proceedings as it deems fit.
When an order provided for in paragraph (a) has been made the provisions of these rules as to pleading and the further conduct of trial actions shall mutatis mutandis apply.
The plaintiff shall on demand furnish the defendant with security de restituendo to the satisfaction of the registrar or clerk of the court, against payment of the amount due under a judgment for provisional sentence.
Any person against whom provisional sentence has been granted may enter into the principal case only if he or she shall have satisfied the amount of the judgment of provisional sentence and costs, or if the plaintiff on demand fails to furnish due security in terms of subrule (9).
A defendant entitled and wishing to enter into the principal case shall, within two months of the grant of provisional sentence, deliver notice of his or her intention to do so, and he or she shall deliver a plea within 10 days thereafter.
Failing a notice or plea contemplated in paragraph (a) a provisional sentence shall ipso facto become a final judgment and the security given by the plaintiff shall lapse.
In all actions in which the plaintiff has issued a simple summons and the defendant has delivered a notice of intention to defend, the plaintiff shall, within 15 days after receipt of the notice of intention to defend, deliver a declaration.
A declaration under subrule (1) shall set forth the nature of the claim, the conclusions of law which the plaintiff shall be entitled to deduce from the facts stated therein, and a prayer for the relief claimed.
Where the plaintiff seeks relief in respect of several distinct claims founded upon separate and distinct facts, such claims and facts shall be separately and distinctly stated.
If the plaintiff has failed to deliver a declaration within the time prescribed under subrule (1) or within any extended time allowed, the defendant may deliver a notice in writing calling upon the plaintiff to deliver a declaration within five days of the receipt of such notice, and, on failure of the plaintiff to deliver his or her declaration within that period or within such further period as may be agreed between the parties, he or she shall be in default with such declaration, and ipso facto barred.
Where a plaintiff has been barred from delivering a declaration the defendant may set the action down for hearing upon not less than 10 days' notice to the defaulting plaintiff, and apply for absolution from the instance or, after adducing evidence, for judgment, and the court may make such order thereon as it deems fit.
Subject to subrules (2), (3) and (4) further particulars shall not be requested.
After the close of pleadings any party may, not less than 20 days before trial, deliver a notice requesting only such further particulars as are strictly necessary to enable him or her to prepare for trial.
A request contemplated in paragraph (a) shall be complied with within 10 days after receipt thereof.
A request for further particulars for trial and the reply thereto shall be signed by an attorney or, if a party is unrepresented, by that party.
If a party who has been requested in terms of this rule to furnish any particulars fails to deliver them timeously or sufficiently, the party requesting the same may apply to court for an order for their delivery or for the dismissal of the action or the striking out of the defence, whereupon the court may make such order as it deems fit.
A court shall at the conclusion of a trial mero motu consider whether the further particulars were strictly necessary, and shall disallow all costs of and flowing from any unnecessary request or reply, or both, and may order either party to pay the costs thereby wasted, on an attorney and client basis or otherwise.
Where a defendant has delivered notice of intention to defend, the defendant shall within 20 days after the service upon him or her of a declaration or within 20 days after delivery of such notice in respect of a combined summons, deliver a plea with or without a claim in reconvention, or an exception with or without application to strike out.
The defendant shall in defendant's plea either admit or deny or confess and avoid all the material facts alleged in the combined summons or declaration or state which of the said facts are not admitted and to what extent, and shall clearly and concisely state all material facts upon which defendant relies.
Every allegation of fact in the combined summons or declaration which is not stated in the plea to be denied or to be admitted, shall be deemed to be admitted.
If any explanation or qualification of any denial is necessary, it shall be stated in the plea.
If by reason of any claim in reconvention, the defendant claims that on the giving of judgment on such claim, the plaintiff's claim will be extinguished either in whole or in part, the defendant may in the plea refer to the fact of such claim in reconvention and request that judgment in respect of the claim or any portion thereof which would be extinguished by such claim in reconvention, be postponed until judgment on the claim in reconvention.
In the event of a request for postponement as provided for in paragraph (a) judgment on the claim shall, either in whole or in part, be so postponed unless the court, upon the application of any person interested, otherwise orders, but the court, if no other defence has been raised, may give judgment for such part of the claim as would not be extinguished, as if the defendant were in default of filing a plea in respect thereof, or may, on the application of either party, make such order as it deems fit.
Where a tender is pleaded as to part of the amount claimed, the plea shall specify the items of the plaintiff's claim to which the tender relates.
A plea of tender shall not be admissible unless the amount of the alleged tender is secured to the satisfaction of the plaintiff on the delivery of the plea, if not already paid or secured to the plaintiff and the amount so secured shall be paid out to the plaintiff only on the order of the court or upon an agreement in writing of the parties.
A tender after action brought shall imply an undertaking to pay the plaintiff's costs up to the date of the tender, unless such an undertaking is expressly disavowed at the time of such tender, and shall be valid without a securement of the amount at which such costs may be taxed.
If the defendant fails to comply with any of the provisions of subrules (2), (3) and (5), the plea shall be deemed to be an irregular step and the other party shall be entitled to act in accordance with rule 60A.
(a) In any action in which a sum of money is claimed, either alone or with any other relief, the defendant may at any time unconditionally or without prejudice make an offer in writing to settle the plaintiff's claim.
An offer to settle the plaintiff's claim shall be signed either by the defendant himself or herself or by his or her attorney if the latter has been authorised thereto in writing.
Where the plaintiff claims the performance of some act by the defendant, the defendant may at any time tender, either unconditionally or without prejudice, to perform such act.
in the event of a tender contemplated in paragraph (a) the defendant shall , unless the act must be performed by him or her personally, execute an irrevocable power of attorney authorising the performance of such act which he or she shall deliver to the registrar together with the tender.
give an indemnity in writing to such other party, the conditions of which shall be set out fully in the offer of settlement.
One of several defendants, as well as any third party from whom relief is claimed, may, either unconditionally or without prejudice, by way of an offer of settlement make an offer in writing to settle the plaintiff's or defendant's claim or tender to perform any act claimed by the plaintiff or defendant.
whether the defendant disclaims liability for the payment of costs or for part thereof, in which case the reasons for such disclaimer shall be given, and the action may then be set down on the question of costs alone.
A plaintiff or party referred to in subrule (3) may within 15 days after the receipt of the notice referred to in subrule (5), or thereafter with the consent in writing of the defendant or third party or order of court, on such conditions as may be considered to be fair, accept any offer or tender, whereupon the registrar or clerk of the court, having satisfied himself or herself that the requirements of this subrule have been complied with, shall hand over the power of attorney referred to in subrule (2) to the plaintiff or his or her attorney.
In the event of a failure to pay or to perform within 10 days after delivery of the notice of acceptance of the offer or tender, the party entitled to payment or performance may, on 5 days' notice in writing to the party who has failed to pay or perform apply through the registrar or clerk of the court to a magistrate for judgment in accordance with the offer or tender as well as for the costs of the application.
If notice of the acceptance of the offer or tender in terms of subrule (6) or notice in terms of subrule (7) is required to be given at an address other than that provided in rule 13(3), then it shall be given at an address, which is not a post office box or poste restante, within 15 kilometres of the office of the registrar or clerk of the court at which such notice must be delivered.
If an offer or tender accepted in terms of this rule is not stated to be in satisfaction of a plaintiffs claim and costs, the party to whom the offer or tender is made may apply to the court, after notice of not less than 5 days, for an order for costs.
No offer or tender in terms of this rule made without prejudice shall be disclosed to the court at any time before judgment has been given, and no reference to such offer or tender shall appear on any file in the office of the registrar or clerk of the court containing the papers in the said case.
The fact that an offer or tender referred to in this rule has been made may be brought to the notice of the court after judgment has been given as being relevant to the question of costs.
If the court has given judgment on the question of costs in ignorance of an offer or tender in terms of this rule and it is brought to the notice of the registrar or clerk of the court, in writing, within 5 days after the date of judgment, the question of costs shall be considered afresh in the light of the offer or tender: Provided that nothing in this subrule contained shall affect the court's discretion as to an award of costs.
Any party who, contrary to this rule, personally or through any person representing him or her, discloses an offer or tender in terms of this rule to the magistrate or the court shall be liable to have costs given against him or her even if he or she is successful in the action.
This rule shall apply mutatis mutandis where relief is claimed on motion or claim in reconvention or in terms of rule 28A.
18A. (1) In an action for damages for personal injuries or the death of a person, the plaintiff may, at any time after the expiry of the period for the delivery of the notice of intention to defend, apply to the court for an order requiring the defendant to make an interim payment in respect of his or her claim for medical costs and loss of income arising from his or her physical disability or the death of a person.
Subject to rule 55 the affidavit in support of the application provided for in subrule (1) shall contain the amount of damages claimed and the grounds for the application, and all documentary proof or certified copies thereof on which the applicant relies shall accompany the affidavit.
Notwithstanding the grant or refusal of an application for an interim payment, further such applications may be brought on good cause shown.
the plaintiff has obtained judgment against the respondent for damages to be determined, the court may, if it deems fit but subject to subrule (5), order the respondent to make an interim payment of such amount as it deems fit, which amount shall not exceed a reasonable proportion of the damages which in the opinion of the court are likely to be recovered by the plaintiff taking into account any contributory negligence, set off or counterclaim.
No order shall be made under subrule (4) unless it appears to the court that the defendant is insured in respect of the plaintiff's claim or that he or she has the means at his or her disposal to enable him or her to make such a payment.
The amount of any interim payment ordered shall be paid in full to the plaintiff unless the court otherwise orders.
Where an application has been made under subrule (1), the court may prescribe the procedure for the further conduct of the action and in particular may order the early trial thereof.
The fact that an order has been made under subrule (4) shall not be pleaded and no disclosure of that fact shall be made to the court at the trial or at the hearing of questions or issues as to the amount of damages until such questions or issues have been determined.
In an action where an interim payment or an order for an interim payment has been made, the action shall not be discontinued or the claim withdrawn without the consent of the court.
a payment be made by any other defendant in respect of any part of the interim payment which the defendant, who made it, is entitled to recover by way of contribution or indemnity or in respect of any remedy or relief relating to the plaintiff's claim.
The provisions of this rule shall apply mutatis mutandis to any claim in reconvention.
Where any pleading is vague and embarrassing or lacks averments which are necessary to sustain an action or defence, as the case may be, the opposing party may, within the period allowed for filing any subsequent pleading, deliver an exception thereto and may set it down for hearing in terms of rule 55(1)(j): Provided that where a party intends to take an exception that a pleading is vague and embarrassing such party shall within the period allowed as aforesaid by notice afford such party's opponent an opportunity of removing the cause of complaint within 15 days: Provided further that the party excepting shall within 10 days from the date on which a reply to such notice is received or from the date on which such reply is due, deliver the exception.
Where any pleading contains averments which are scandalous, vexatious, or irrelevant, the opposite party may, within the period allowed for filing any subsequent pleading, apply for the striking out of the matter aforesaid, and may set such application down for hearing in terms of rule 55(1)(j), but the court shall not grant the same unless it is satisfied that the applicant will be prejudiced in the conduct of his or her claim or defence if it be not granted.
Wherever an exception is taken to any pleading, the grounds upon which the exception is founded shall be clearly and concisely stated.
Wherever any exception is taken to any pleading or an application to strike out is made, no plea, replication or other pleading over shall be necessary.
(a) A defendant who counterclaims shall, together with such defendant's plea, deliver a claim in reconvention setting out the material facts thereof in accordance with rules 6 and 15 unless the plaintiff agrees, or if plaintiff refuses, the court allows it to be delivered at a later stage.
A claim in reconvention shall be set out either in a separate document or in a portion of the document containing the plea, but headed "Claim in Reconvention", and it shall not be necessary to repeat therein the names or descriptions of the parties to the proceedings in convention.
If the defendant is entitled to take action against any other person and the plaintiff, whether jointly, jointly and severally, separately or in the alternative, the defendant may with the leave of the court proceed in such action by way of a claim in reconvention against the plaintiff and such other persons, in such manner and on such terms as the court may direct.
A defendant who has been given leave to counterclaim as provided for in subrule (2), shall add to the title of such defendant's plea a further title corresponding with what would be the title of any action instituted against the parties against whom such defendant makes claim in reconvention, and all further pleadings in the action shall bear such title, subject to the proviso to rule 6(2).
A defendant may counterclaim conditionally upon the claim or defence in convention failing.
A defendant delivering a claim in reconvention may by notice delivered therewith or within 5 days thereafter apply to the court to pronounce that the claim in reconvention exceeds its jurisdiction and to stay the action under section 47 of the Act.
Where a court finds that the claim in reconvention exceeds its jurisdiction, the defendant may forthwith or by notice delivered within 5 days after such finding apply for stay of the action.
If no application for stay is made or, having been made, has been dismissed, the court shall on the application of the plaintiff or otherwise of its own motion dismiss a claim in reconvention pronounced to exceed its jurisdiction, unless the defendant shall forthwith abandon under section 38 of the Act sufficient of such claim to bring it within the jurisdiction of the court.
If the defendant fails to comply with any of the provisions of this rule, the claim in reconvention shall be deemed to be an irregular step and the other party shall be entitled to act in accordance with rule 60A.
Within 15 days after the service upon plaintiff of a plea and subject to subrule (2), the plaintiff shall where necessary deliver a replication to the plea and a plea to any claim in reconvention, which plea shall comply with rule 17.
No replication or subsequent pleading which would be a mere joinder of issue or bare denial of allegations in the previous pleading shall be necessary, and issue shall be deemed to be joined and pleadings closed in terms of rule 21A(b).
Where a replication or subsequent pleading is necessary, a party may therein join issue on the allegations in the previous pleading.
To such extent as a party has not dealt specifically with the allegations in the plea or such other pleading, such joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined.
A plaintiff in reconvention may, subject to the provisions mutatis mutandis of subrule (2), within 10 days after the delivery of the plea in reconvention deliver a replication in reconvention.
shall be designated by the names by which they are customarily known.
Close of pleadings 21A.
the parties are unable to agree as to the close of pleadings, and the court upon the application of a party declares them closed.
The trial of an action shall be subject to the delivery by the plaintiff, after the pleadings have been closed, of notice of trial for a day or days approved by the registrar or clerk of the court: Provided that, if the plaintiff does not within 15 days after the pleadings have been closed deliver notice of trial, the defendant may do so.
The delivery of notice of trial shall ipso facto operate to set down for trial at the same time any claim in reconvention made by the defendant.
Delivery of notice of trial shall be effected at least 20 days before the day so approved.
On receipt of an application for a trial date the registrar or clerk of the court shall draw the court file and take it to the magistrate to enable the magistrate to consider whether a pre-trial conference in terms of section 54 of the Act is necessary: Provided that the trial date shall be allocated within 10 days of receipt of the application for trial date.
given written notice to the plaintiff and the registrar or clerk of the court that he or she does not intend defending the action, but no notice of such request or set down need be served on the defendant.
When an undefended divorce action is postponed the action may be continued before another court notwithstanding that evidence has been given.
(a) Any party to any action may require any other party thereto, by notice in writing, to make discovery on oath within 20 days of all documents and tape, electronic, digital or other forms of recordings relating to any matter in question in such action, whether such matter is one arising between the party requiring discovery and the party required to make discovery or not, which are or have at any time been in the possession or control of such other party.
A notice in terms of paragraph (a) shall not, save with the leave of a magistrate, be given before the close of pleadings.
such documents and tape, electronic, digital or other forms of recordings which he or she or his or her agent had but no longer has in his or her possession at the date of the affidavit.
A document shall be deemed to be sufficiently specified if it is described as being one of a bundle of documents of a specified nature, which have been initialled and consecutively numbered by the deponent.
Statements of witnesses taken for purposes of the proceedings, communications between attorney and client and between attorney and advocate, pleadings, affidavits and notices in the action shall be omitted from the schedules.
If any party believes that there are, in addition to documents or tape, electronic, digital or other forms of recordings disclosed in terms of this rule, other documents, including copies thereof, or tape, electronic, digital or other forms of recordings which may be relevant to any party thereto, the former may give notice to the latter requiring him or her to make the same available for inspection in accordance with subrule (6), or to state an oath within 10 days that such documents are not in his or her possession, in which event he or she shall state their whereabouts, if known to him or her.
A document or tape, electronic, digital or other forms of recording not disclosed as requested in terms of this rule may not, save with the leave of the court granted on such terms as to it may seem meet, be used for any purpose at the trial by the party who was obliged but failed to disclose it, provided that any other party may use such document or tape, electronic, digital or other forms of recording.
Where the Road Accident Fund as defined in the Road Accident Fund Act, 1996 (Act No. 56 of 1996), is a party to any action by virtue of the provisions of that Act, any party thereto may obtain discovery in the manner provided in paragraph (d) against the driver or owner, as defined in that Act, of that vehicle.
Paragraph (a) shall apply mutatis mutandis to the driver of a vehicle owned by a person, state, government or body of persons referred to in the Road Accident Fund Act, 1996.
Where the plaintiff sues as a cessionary, the defendant shall mutatis mutandis have the same rights under this rule against the cedent.
A party requiring discovery in terms of paragraph (a), (b), or (c) shall do so by notice similar to Form 14 of Annexure 1.
or tape, electronic, digital or other form of recording may be inspected at the office of his or her attorney or, if he or she is not represented by an attorney, at some convenient place mentioned in the notice, or in the case of bankers' books or other books of account or books in constant use for the purposes of any trade, business or undertaking, at their usual place of custody.
A party receiving a notice similar to Form 15A of Annexure 1 mentioned in subrule (6)(b) shall be entitled at the time therein stated, and for a period of 5 days thereafter during normal business hours and on any one or more of such days, to inspect such document or tape, electronic, digital or other form of recording and to take copies or transcriptions thereof.
A party's failure to produce any such document or tape, electronic, digital or other form of recording required for inspection shall preclude him or her from using it at the trial, save where the court on good cause shown allows otherwise.
If any party fails to give discovery as aforesaid or, having been served with a notice under subrule (6)(a), omits to give notice of a time for inspection as provided for in subrule 6(b) or fails to give inspection as required by that subrule, the party desiring discovery or inspection may apply to a court, which may order compliance with this rule and, failing such compliance, may dismiss the claim or strike out the defence.
specifying such particulars as he or she may have to identify any such document or tape, electronic, digital or other form of recording not in his or her possession, at the same time furnishing the name and address of the person in whose possession such document or tape, electronic, digital or other form of recording is.
Any party proposing to prove any document or tape, electronic, digital or other form of recording at a trial may give notice to any other party requiring him or her within 10 days after the receipt of such notice to admit that such document or tape, electronic, digital or other form of recording was properly executed and is what it purports to be.
If a party receiving a notice under paragraph (a) does not within the said period admit as required, then as against such party the party giving the notice shall be entitled to produce the document or tape, electronic, digital or other form of recording specified at the trial without proof other than proof, if it is disputed, that the document or tape, electronic, digital or other form of recording is the document or tape, electronic, digital or other form of recording referred to in the notice and that the notice was duly given.
If a party receiving a notice under paragraph (a) states that the document or tape, electronic, digital or other form of recording is not admitted as required, it shall be proved by the party giving the notice before he or she is entitled to use it at the trial, but the party not admitting it may be ordered to pay the costs of its proof.
Any party may give to any other party who has made discovery of a document or tape, electronic, digital or other form of recording notice to produce at the hearing the original of such document or tape, electronic, digital or other form of recording, not being a privileged document or tape, electronic, digital or other form of recording, in such party's possession.
A notice under paragraph (a) shall be given not less than 5 days before the hearing but may, if the court so allows, be given during the course of the hearing.
If any notice under paragraph (a) is so given, the party giving the same may require the party to whom notice is given to produce the said document or tape, electronic, digital or other form of recording in court and shall be entitled, without calling any witness, to hand in the said document or object, which shall be receivable in evidence to the same extent as if it had been produced in evidence by the party to whom notice is given.
The court may, during the course of any proceeding, order the production by any party thereto under oath of such document or recording in his or her power or control relating to any matter in question in such proceeding as the court may deem fit, and the court may deal with such document or tape, electronic, digital or other form of recording, when produced, as it deems fit.
Any party to any proceeding may at any time before the hearing thereof deliver a notice similar to Form 15B of Annexure 1 to any other party in whose pleadings or affidavits reference is made to any document or tape, electronic, digital or other form of recording to produce such document or tape, electronic, digital or other form of recording for his or her inspection and to permit him or her to make a copy or transcription thereof.
Any party failing to comply with a notice under paragraph (a) shall not, save with the leave of the court, use the relevant document or tape, electronic, digital or other form of recording in such proceeding provided that any other party may use such document or tape, electronic, digital or other form of recording.
The provisions of this rule relating to discovery shall mutatis mutandis apply, in so far as the court may direct, to applications.
After appearance to defend has been delivered, any party to any action may, for purposes of pleading, require any other party to make available for inspection within 5 days a clearly specified document or tape, electronic, digital or other form of recording in his or her possession which is relevant to a reasonably anticipated issue in the action and to allow a copy or transcription to be made thereof.
For purposes of this rule a tape recording includes a sound track, film, magnetic tape, record or any other material on which visual images, sound or other information can be recorded.
Subject to this rule, any party to proceedings in which damages or compensation in respect of alleged bodily injury is claimed may require any party claiming such damages or compensation whose state of health is relevant to the determination of such damages or compensation to submit to an examination by one or more duly registered medical practitioners.
Any party requiring another party to submit to an examination provided for in subrule (1) shall deliver a notice specifying the nature of the examination required, the person or persons by whom it will be conducted, the place where and the date (being not less than 15 days from the date of such notice) and time it is desired that such examination shall take place and requiring such other party to submit himself or herself for examination at such place, date and time.
A notice referred to in paragraph (a) shall state that the other party may have his or her own medical adviser present at such examination, and shall be accompanied by a remittance in respect of the reasonable expense to be incurred by the other party in attending such examination.
any amount paid by a party in terms of this subrule shall be costs in the cause, unless the court otherwise directs.
in the case of his or her objection being to the amount of the expenses tendered, furnish particulars of such increased amount as he or she may require.
If a party receiving the notice referred to in subrule (2)(a) does not deliver any objection within the period referred to in paragraph (a), he or she shall be deemed to have agreed to the examination upon the terms set forth by the party giving the notice.
If a party receiving an objection is of opinion that the objection or any part thereof is not well-founded he or she may apply to the court to determine the conditions upon which the examination, if any, is to be conducted.
Any party to proceedings referred to in subrule (1), may at any time by notice require any party claiming any damages or compensation so referred to, to make available and to furnish copies thereof on request, in so far as he or she is able to do so, to such first-mentioned party within 15 days any medical report, hospital record, X-ray photograph, or other documentary information of a like nature relevant to the assessment of such damages or compensation.
If it appears from any medical examination carried out either by agreement between the parties or in pursuance of any notice given in terms of this rule or any determination made by the court under subrule (3) that any further medical examination by any other medical practitioner is necessary or desirable for the purpose of obtaining full information on matters relevant to the assessment of such damages or compensation, any party may require a second and final examination in accordance with the provisions of this rule.
If any party claims damages resulting from the death of another person, he or she shall undergo a medical examination as prescribed in this rule if such examination is requested and it is alleged that his or her own state of health is relevant in determining the damages.
thing or having such thing in his or her possession or under his or her control to make it available for inspection or examination and may in such notice require such party to have such thing or a fair sample thereof available for inspection or examination for a period not exceeding 10 days from the receipt of the notice.
A party requested under subrule (6) to submit a thing for inspection or examination may require the party so requesting to specify the nature of the inspection or examination for which such thing is to be submitted, and shall not be bound to submit such thing therefor if he or she will be materially prejudiced by reason of the effect thereof upon such thing.
In the event of any dispute whether a thing should be submitted for inspection or examination, either party may on application to the court state that the inspection or examination has been required and objected to and the court may make such order as it may deem fit.
bear the expense of the carrying out of any such medical examination or inspection or examination and such expense shall form part of such party's costs.
not less than 10 days before the hearing, have delivered a summary of such opinions of such expert and his or her reasons therefor.
No party to an action shall, except with the consent of all the other parties to the action or with the leave of the court, be entitled to tender in evidence any plan, diagram, model or photograph unless he or she shall not less than 10 days before the hearing of the action, have given every such other party notice of his or her intention to do so.
A notice under paragraph (a) shall state that every party receiving it shall be entitled to inspect such plan, diagram, model or photograph and shall require such party, within 5 days of the receipt thereof, to state whether he or she has any objection to such plan, diagram, model or photograph being admitted in evidence without proof.
If a party receiving a notice under paragraph (a) fails within the period specified in the notice to state whether he or she objects to the admission in evidence of the plan, diagram, model or photograph referred to in the notice, such plan, diagram, model or photograph, as the case may be, shall be received in evidence upon its mere production and without further proof thereof.
If a party receiving a notice under paragraph (a) objects to the admission in evidence of such plan, diagram, model or photograph, such plan, diagram, model or photograph, as the case may be, may be proved at the hearing of the action and the party receiving the notice may be ordered to pay the costs of such proof.
The request in writing referred to in section 54 (1) of the Act shall be made in duplicate to the registrar or clerk of the court requesting the court to call a pre-trial conference and shall indicate generally the matters which it is desired should be considered at such conference.
The registrar or clerk of the court shall place a request referred to in subrule (1) before a judicial officer who shall, if he or she decides to call a conference, direct the registrar or clerk of the court to issue the necessary process.
The process for requiring the attendance of parties or their legal representatives at a pre-trial conference shall be by letter signed by the registrar or clerk of the court, together with a copy of the request, if any, referred to in subrule (1), which letter shall be delivered by hand or registered post at least 10 days prior to the date fixed for the said conference.
Any party desiring the attendance of any person to give evidence at a trial, may as of right, without any prior proceeding whatsoever, sue out from the office of the registrar or clerk of the court one or more subpoenas for that purpose, each of which subpoena shall contain the names of not more than four persons, and the service thereof upon any person therein named shall be effected by the sheriff in the manner prescribed by rule 9, and the process of subpoenaing such witness shall correspond substantially to Form 24.
Where the evidence of any person is to be taken on commission before any Commissioner within the Republic, such person may be subpoenaed to appear before such commissioner to give evidence as if at the trial.
In the case of evidence taken on commission, such process shall be sued out by the party desiring the attendance of the witness and shall be issued by the Commissioner.
produce it to the court at the trial.
There shall be handed to the sheriff together with a subpoena so may copies thereof as there are witnesses to be summoned and also the sum of money that the party for whom they are to be summoned considers that the sheriff shall pay or offer to the said witnesses for their conduct money.
The court may set aside service of any subpoena if it appears that the witness was not given reasonable time to enable him or her to appear in pursuance of the subpoena.
Where a summons has not been served or the period limited for delivery of notice of intention to defend has expired and no such notice has been delivered, the plaintiff may withdraw the summons by notice to the registrar or clerk of the court.
Save as provided by subrule (1), a plaintiff or applicant desiring to withdraw an action or application against all or any of the parties thereto shall deliver a notice of withdrawal similar to Form 6 of Annexure 1.
Any party served with notice of withdrawal may within 20 days thereafter apply to the court for an order that the party so withdrawing shall pay the applicant's costs of the action or application withdrawn, together with the costs incurred in so applying: Provided that where the plaintiff or applicant in the notice of withdrawal embodies a consent to pay the costs, such consent shall have the force of an order of court and the registrar or clerk of the court shall tax the costs on the request of the defendant.
Any party may by delivery of notice abandon any specified claim, exception or defence pleaded by him or her and such notice shall be taken into consideration in taxing costs.
If in any proceedings a settlement or an agreement to postpone or withdraw is reached, the attorney for the plaintiff or applicant shall inform the registrar or clerk of the court and other parties to the action by delivering a notice accordingly.
Application may be made to the court by any party at any time after delivery of notice of intention to defend and before judgment to record the terms of any settlement of an action without entry of judgment agreed to by the parties: Provided that if the terms of settlement so provide, the court may make such settlement an order of court.
An application referred to in subrule (6) shall be on notice, except when the application is made in court during the hearing of any proceeding in the action at which the other party is represented or when a written waiver (which may be included in the statement of the terms of settlement) by such other party of notice of the application is produced to the court.
At the hearing of an application referred to in subrule (6) the applicant shall lodge with the court a statement of the terms of settlement signed by all parties to the action and, if no objection thereto be made by any other party, the court shall note that the action has been settled on the terms set out in the statement and thereupon all further proceedings in the action shall, save as provided in subrules (9) and (10), be stayed.
When the terms of a settlement agreement which was recorded in terms of subrule (6) provide for the future fulfilment by any party of stated conditions and such conditions have not been complied with by the party concerned, the other party may at any time on notice to all interested parties apply for the entry of judgment in terms of the settlement.
An application referred to in this subrule shall be on notice to the party alleged to be in default, setting forth particulars of the breach by the respondent of the terms of settlement.
make such order as it may deem fit as to the costs of the application.
The court may, on application by a person desiring to intervene in any proceedings and having an interest therein, grant leave to such person to intervene on such terms as it may deem fit.
The court may, on application by any party to any proceedings, order that another person shall be added either as a plaintiff or applicant or as a defendant or respondent on such terms as it may deem fit.
A plaintiff may join several causes of action in the same action and the court may at the conclusion of the proceedings make such order as to costs as it deems fit.
Where there has been a joinder of causes of action or of parties, the court may on the application of any party at any time order that separate trials be held either in respect of some or all of the causes of action or some or all of the parties; and the court may on such application make such order as it deems fit.
the court may make any order which it deems fit with regard to the further procedure, and may give one judgment disposing of all matters in dispute in the said actions.
any question or issue in the action is substantially the same as a question or issue which has arisen or will arise between such party and the third party, and should properly be determined not only as between any parties to the action but also as between such parties and the third party or between any of them, such party may issue a third party notice, similar to Form 43 of Annexure 1, which notice shall be served by the sheriff.
A third party notice shall state the nature and grounds of the claim of the party issuing the same, the question or issue to be determined, and any relief or remedy claimed.
In so far as the statement of the claim in a third party notice and the question or issue are concerned, the rules with regard to pleadings and to summonses shall mutatis mutandis apply.
A third party notice, accompanied by a copy of all pleadings filed in the action up to the date of service of the notice, shall be served on the third party and a copy of the third party notice, without a copy of the pleadings filed in the action up to the date of service of the notice, shall be filed with the registrar or clerk of the court and served on all other parties before the close of pleadings in the action in connection with which it was issued.
After the close of pleadings, a third party notice may be served only with the leave of the court.
If a third party intends to contest the claim set out in the third party notice he or she shall deliver notice of intention to defend, as if to a summons, and immediately upon receipt of such notice, the party who issued the third party notice shall inform all other parties accordingly.
A third party shall, after service upon him or her of a third party notice, be a party to the action and, if he or she delivers notice of intention to defend, shall be served with all documents and given notice of all matters as a party.
Provided however that the third party shall not be entitled to claim in reconvention against any person other than the party issuing the notice save to the extent that he or she would be entitled to do so in terms of rule 20.
in so far as the third party's plea relates to the plaintiffs claim, the third party shall be regarded as a defendant and the plaintiff shall file pleadings as provided by the said rules.
Where a party to an action has against any other party (whether either such party became a party by virtue of any counter-claim by any person or by virtue of a third party notice or by any other means) a claim referred to in subrule (1), he or she may issue and serve on such other party a third party notice in accordance with the provisions of this rule.
Save that no further notice of intention to defend shall be necessary, the same procedure shall apply as between the parties to a notice referred to in paragraph (a) and they shall be subject to the same rights and duties as if such other party had been served with a third party notice in terms of subrule (1).
Any party who has been joined as such by virtue of a third party notice may at any time make application to the court for the separation of the trial of all or any of the issues arising by virtue of such third party notice and the court may upon such application make such order as it deems fit, including an order for the separate hearing and determination of any issue on condition that its decision on any other issue arising in the action either as between the plaintiff and the defendant or as between any other parties, shall be binding upon the applicant.
Where a court makes a decision with regard to the liability of a defendant and any third party defendant and either of such defendants discharges the obligation to the plaintiff of the full amount or more than its fair share of the amount found to be due by it to the plaintiff, any of such defendants who discharges that obligation may execute against the other defendant for the amount which the court has found that defendant to be liable.
Unless the court shall otherwise order, the trial of an action shall take place at the court-house from which the summons was issued.
to remain in court after his or her evidence has been given until the trial is terminated or adjourned.
The court may, before proceeding to hear evidence, require the parties to state shortly the issues of fact or questions of law which are in dispute and may record the issues so stated.
If, in any pending action, it appears to the court mero motu that there is a question of law or fact which may conveniently be decided either before any evidence is led or separately from any other question, the court may make an order directing the disposal of such question in such manner as it may deem fit and may order that all further proceedings be stayed until such question has been disposed of, and the court shall at the request of any party make such order unless it appears that the questions cannot conveniently be decided separately.
If the question in dispute is a question of law and the parties are agreed upon the facts, the facts may be admitted in court, either viva voce or by written statement, by the parties and recorded by the court and judgment may be given thereon without further evidence.
When questions of law and issues of fact arise in the same case and the court is of opinion that the case may be disposed of upon the questions of law only, the court may require the parties to argue upon those questions only and may give its decision thereon before taking evidence as to the issues of fact and may give final judgment without dealing with the issues of fact.
If on the pleadings the burden of proof is on the plaintiff he or she shall first adduce his or her evidence.
If absolution from the instance is not decreed after the plaintiff has adduced evidence, the defendant shall then adduce his or her evidence.
Where on the pleadings the burden of proof is on the defendant, the defendant shall first adduce his or her evidence, and if necessary the plaintiff shall thereafter adduce his or her evidence.
Where the burden of proving one or more of the issues is on the plaintiff and that of proving others is on the defendant, the plaintiff shall first call his or her evidence on any issues proof whereof is upon him or her, and may then close his or her case, and the defendant shall then call his or her evidence on all the issues.
If the plaintiff has not called any evidence (other than that necessitated by his or her evidence on the issues proof whereof is on him or her) on any issues proof whereof is on the defendant, he or she shall have the right to do so after defendant has closed his or her case, but If he or she has called any such evidence, he or she shall have no such right.
In a case of dispute as to the party upon whom the burden of proof rests, the court shall direct which party shall first adduce evidence.
Any party may, with the leave of the court, adduce further evidence at any time before judgment; but such leave shall not be granted if it appears to the court that such evidence was intentionally withheld out of its proper order.
The court may at any time before judgment, on the application of any party or of its own motion, recall any witness for further examination.
Any witness may be examined by the court as well as by the parties.
After the evidence on behalf of both parties has been adduced the party who first adduced evidence may first address the court and thereafter the other party, and the party who first adduced evidence may reply.
Where the court has authorised the evidence of any witness to be taken on interrogatories, such interrogatories shall be filed within 4 days of the order and cross-interrogatories within 5 days thereafter.
the proceedings of the court generally, including the record of any inspection in loco.
The court shall mark each document put in evidence and note such mark on the record.
The minutes and marks may be made by the registrar or clerk of the court and, save as provided in subrule (4), by the presiding judicial officer.
rulings and judgment of the court and any other portion of the proceedings, may be noted in shorthand (also in this rule referred to as "shorthand notes") either verbatim or in narrative form or recorded by mechanical, electronic or digital means.
'I, , swear/solemnly and sincerely affirm and declare that I will faithfully, accurately and to the best of my ability take down in shorthand or cause to be recorded by mechanical, electronic or digital means, as directed by the judicial officer, the proceedings in any case in which I may be employed thereto as an officer of the court and that I will similarly, when required to do so, transcribe the same or, as far as I am able to do so, any other notes taken by any officer of the court or recorded by mechanical, electronic or digital means.'.
Such oath or affirmation shall be administered in the manner prescribed for the taking of an oath or affirmation.
Shorthand notes taken in terms of this rule shall be certified as correct by the shorthand writer and filed with the record of the case by the registrar or clerk of the court.
Subject to the provisions of subrule (7), no shorthand notes taken in terms of this rule shall be transcribed unless a judicial officer so directs.
The transcript of any shorthand notes transcribed in terms of paragraph (b) shall be certified as correct by the person making it and shall be filed with the record.
In any case in which no transcription was directed in terms of subrule (6) any person may on notice to the registrar or clerk of the court request a transcription of any shorthand note taken by virtue of a direction given under subrule (4) and shall pay, in respect of proceedings made by mechanical, electronic or digital means, the full cost thereof as predetermined by agreement between the contractor concerned and the State for such transcription.
One copy of the transcript of the shorthand notes referred to in paragraph (a) shall be supplied, free of charge, to the person at whose request the transcription was made.
The original copy of the transcript of any shorthand notes referred to in paragraph (a), shall be certified as correct by the person making it and shall be filed with the record of the case.
A sum sufficient to cover the approximate fee payable under paragraph (a) shall be deposited with the registrar or clerk of the court in advance.
Subject to the provisions of subrule (11), any shorthand notes, and any transcript thereof, certified as correct, shall be deemed to be correct and shall form part of the record of the proceedings in question.
Subject to subrule (7) (b), a copy of any transcript made simultaneously with the transcription of proceedings made by mechanical, electronic or digital means may, upon application to the registrar or clerk of the court, be supplied to any person upon payment of the full cost thereof as predetermined by agreement between the contractor concerned and the State, in the case of a copy of a transcript referred to in subrules (6) and (7).
Any reference in this rule to shorthand notes or to a transcription or transcript of such notes, or to a copy of such transcript, or to a person employed for the taking of such notes, or to a person transcribing such notes, shall be construed also as a reference to a record of proceedings made by mechanical, electronic or digital means, to a transcription or transcript of such record, or to a copy of such transcript, to a person employed for the making of such mechanical, electronic or digital record, or to a person transcribing such record, as the case may be.
Any party may, not later than 10 days after judgment, or where the proceedings have been noted in shorthand or by mechanical, electronic or digital means, within 10 days after having been notified by the registrar or clerk of the court that the transcript of the shorthand notes or mechanical, electronic or digital record has been completed, apply to the court to correct any errors in the minutes of such proceedings or in the transcript of such shorthand notes or mechanical, electronic or digital record and the court may then correct any such errors.
If, before the hearing of the application, all parties affected file a consent to the corrections claimed, no costs of such application shall be allowed; otherwise, costs shall be in the discretion of the court.
The trial of an action or the hearing of an application or matter may be adjourned or postponed by consent of the parties or by the court, either on application or request or of its own motion.
Where an adjournment or postponement is made sine die, any party may by delivery of notice of reinstatement set down the action, application or matter for further trial or hearing on a day generally or specially fixed by the registrar or clerk of the court, not earlier than 10 days after delivery of such notice.
Any adjournment or postponement shall be on such terms as to costs and otherwise as the parties may agree to or as the court may order.
If a plaintiff or applicant does not appear at the time appointed for the trial of an action or the hearing of an application, the action or application may be dismissed with costs.
If a defendant or respondent does not so appear, a judgment (not exceeding the relief claimed) may be given against him or her with costs, after consideration of such evidence, either oral or by affidavit, as the court deems necessary.
The withdrawal or dismissal of an action or a decree of absolution from the instance shall not be a defence to any subsequent action, but if a subsequent action is brought for the same or substantially the same cause of action before payment of the costs awarded on such withdrawal, dismissal or decree of absolution, the court may on application, if it deems fit and if the said costs have been taxed and payment thereof has been demanded, order a stay of such subsequent action until such costs shall be paid and that the plaintiff shall pay the costs of such application.
The court in giving judgment or in making any order, including any adjournment or amendment, may award such costs as it deems fit.
may be reserved to be dealt with on the conclusion of the action, but if no order is made, such costs shall be costs in the action.
Unless the court shall for good cause otherwise order, costs of interim orders shall not be taxed until the conclusion of the action, and a party may present only one bill for taxation up to and including the judgment or other conclusion of the action.
Where a judgment or order for costs is made against two or more persons it shall, unless the contrary is stated, have effect against such persons severally as well as jointly.
in relation to proceedings under section 74 and 74A to 74W, inclusive, of the Act and all matters ancillary thereto be that set out in Part III of Table B of the said Annexure.
The scale of fees referred to in paragraph (a) (iii) of this subrule shall also be the scale of fees to be taken between attorney and client in relation to proceedings under section 74 and 74A to 74W, inclusive, of the Act.
In regional court civil matters, including divorce or matrimonial matters, the scale of fees to be taken by attorneys as between party and party shall be that set out in table A of Annexure 2 in addition to the necessary expenses, scale C of Table A of Annexure 2 being applicable: Provided that the applicable scale of fees to be taken by attorneys as between party and party in civil claims whose monetary value falls within the jurisdiction of district courts shall be the one contained in paragraph (a) of this subrule, notwithstanding such claims having been instituted in the regional court.
Save as to appearance in open court without counsel, the fees in subrule (5) shall be allowable whether the work has been done by an attorney or by his or her clerk, but shall, except in the case of the fee referred to in paragraph 13 of the general provisions under Table A of Annexure 2, be allowable only in so far as the work to which such fees have been allocated has in fact and necessarily been done.
the time of the day of the commencement and conclusion of each adjournment on that day.
costs have been reasonably incurred and in respect of which costs there is no specific provision in these rules, award costs on any scale higher than that on which the costs of the action would otherwise be taxable: Provided that the court may give direction as to the manner of taxation of such costs as may be necessary.
order that the determination of such costs be done on taxation by the registrar or clerk of the court.
Where the court is of the opinion that at the hearing the party to whom costs are awarded has occupied time unnecessarily or in relation to matters not relevant to the issue, the court may disallow a proportionate part of the hearing fee payable to his or her attorney or counsel.
The court may in its discretion order that the whole of the costs of an action (including the costs of any claim in reconvention) be paid by the parties in such proportions as it may direct.
Where the court is of the opinion that expense has been unnecessarily incurred because of the successful party's failure to take a course which would have shortened the proceedings and decreased the costs it shall award only such costs as would have been incurred if the successful party had taken such course.
Where costs in convention and reconvention are awarded to different parties, the registrar or clerk of the court shall on taxation subject to any order which has been made by the court, allow each party to submit a bill of costs in respect of all costs and charges incurred in instituting and defending the claim in convention and reconvention, and defending the claim in convention and reconvention, respectively, and then to award the successful parties a proportionate amount of their costs in accordance with the award given by the court.
The costs of issuing any warrant of execution or arrest shall, where they are payable by the party against whom the warrant is issued, be assessed by the registrar or clerk of the court without notice and inserted in the warrant.
The costs payable by the judgment debtor in respect of any proceedings under section 65 or 65A to 65M inclusive, or 72 of the Act shall be inserted by the judgment creditor or his or her attorney on the face or reverse side of any process issued under either of those sections and assessed by the registrar or clerk of the court before issue.
The registrar or clerk of the court may refuse to issue any process under section 65 or 65A to 65M, inclusive, or 72 of the Act in which the costs are not inserted or inserted but not according to tariff.
Where costs or expenses are awarded to any party by the court, otherwise than by a judgment in default of the defendant's delivery of notice of intention to defend or on the defendant's consent to judgment before the time for such notice has expired, the party to whom such costs or expenses have been awarded shall deliver a bill of such costs or expenses and give at least 5 days' notice of taxation for an hour to be fixed (generally or specially) by the registrar or clerk of the court and he or she may include in such bill all such payments as have been necessarily and properly made by him or her.
After subrule (15) has been complied with the registrar or clerk of the court shall tax and allow the relevant costs and expenses: Provided that witness fees shall not be allowed in taxation unless properly vouched for.
Where more than one-fourth of the bill (excluding expenses) is taxed off, the party presenting the bill shall not be allowed any costs of taxation.
Where a party to whom a bill of costs is presented makes a written offer of payment in respect of such costs, and such offer is refused, the party presenting the bill shall not be allowed any costs of taxation if the bill is taxed in an amount which is smaller than the amount of the offer.
Where a bill of costs as between attorney and client is required to be taxed, taxation shall take place on at least 5 days' notice thereof to the attorney or client, whether or not an action therefor is pending: Provided that, notwithstanding the provisions of subrule (3), a bill of costs as between attorney and client may be taxed at any time after termination of the mandate.
Where liability for costs is determined without judgment of the court by virtue of the provisions of these rules or by a settlement recorded in terms of rule 27 (8), such costs shall be taxable by the registrar or clerk of the court as if they had been awarded by the court.
On failure of a party giving notice of taxation to appear at the appointed time for taxation, such bill of costs may be taxed in his or her absence but such party shall not be allowed any costs of taxation.
If a party consents to pay the costs of another party, the registrar or clerk of the court shall, in the absence of an order of the court, tax such costs, as if they had been awarded by the court.
Value added tax may be added to all costs, fees, disbursements and tariffs in respect of which value added tax is chargeable.
The fees and charges to be taken by a sheriff who is an officer of the Public Service shall be those prescribed in Part I of Table C of Annexure 2 and in the case of any other sheriff those prescribed in Part II of the said Table and Annexure.
"You may require this account to be taxed and vouched before payment.".
Any party having an interest may by notice in writing require the fees and charges claimed by or paid to the sheriff to be taxed by the registrar or clerk of the court, and may attend on such taxation.
Upon a taxation referred to in paragraph (a) the sheriff shall vouch to the satisfaction of the registrar or clerk of the court all charges claimed by him or her.
to the interested party concerned if the sheriff's fees or charges are taxed but not passed in full, on the same basis as the fee allowed to the sheriff under subparagraph (i).
the taxation by the registrar or clerk of the court of any fees or charges of the sheriff.
A review in terms of subrule (1) shall be on 10 days' notice to the party entitled to receive or liable to pay such costs and expenses or to the sheriff, as the case may be.
Any party dissatisfied with the decision of the judicial officer as to any item or part of an item which was objected to before the registrar or clerk of the court, may, after notice to the other party, within 10 days of the decision require the judicial officer to state a case for the decision of a judge, which case shall embody all relevant findings of fact by the judicial officer: Provided that, save with the consent of such officer, no case shall be stated where the total of the amounts which he or she has disallowed or allowed, as the case may be, and which the dissatisfied party seeks to have allowed or disallowed, respectively, is less than R1000.
Any party may within 10 days after the judicial officer has stated a case in terms of subrule (3) submit contentions in writing to the judicial officer.
refer the case for decision to the court of appeal.
The judge or the court deciding a matter in terms of subrule (5) may make such order as he or she or it deems fit, including an order that the unsuccessful party shall pay to the opposing party a sum fixed by the judge or the court as costs.
The process for the execution of any judgment for the payment of money, for the delivery of property whether movable or immovable, or for ejectment shall be by warrant issued and signed by the registrar or clerk of the court and addressed to the sheriff.
A process issued under subrule (1) may be sued out by any person in whose favour any such judgment shall have been given, if such judgment is not then satisfied, stayed or suspended.
A process issued under subrule (1) may at any time, on payment of the fees incurred, be withdrawn or suspended by notice to the sheriff by the party who has sued out such process: Provided that a request in writing made from time to time by such party to defer execution of such process for a definite period not being longer than one month shall not be deemed to be a suspension.
Any alteration in a process issued under subrule (1) shall be initialled by the registrar or clerk of the court before it is issued by him or her.
The registrar or clerk of the court shall at the request of a party entitled thereto reissue process issued under subrule (1) without the court having sanctioned the reissue.
Any process issued under subrule (1) shall be invalid if a wrong person is named therein as a party, but no such process shall be invalid merely by reason of the misspelling of any name therein, or of any error as to date.
Except where judgment has been entered by consent or default, process in execution of a judgment shall not be issued without leave of the court applied for at the time of granting the judgment, before the day following that on which the judgment is given.
Where any warrant or emoluments attachment order or garnishee order has been lost or mislaid, the court may on the application of any interested party and after notice to any person affected thereby, authorise the issue of a second or further warrant or emoluments attachment order or garnishee order, as the case may be, on such conditions as the court may determine and may make such order as to costs as it may deem fit.
Notice of an application in terms of subrule (1) shall be on not less than 5 days' notice and shall state the reasons for the application.
"This second or further warrant (describe nature of warrant) of emoluments attachment order or garnishee order (as the case may be) was authorised by the court on and replaces any warrant (describe nature of warrant) or emoluments attachment order or garnishee order (as the case may be) instead of which it is issued or reissued".
"Cancelled. Fresh warrant (describe nature of warrant) or emoluments attachment order or garnishee order (as the case may be) issued in terms of an order of the court dated ".
An endorsement in terms of paragraph (a) shall be signed and dated by the registrar or clerk of the court.
The fact that a second or further warrant or emoluments attachment order or garnishee order has been issued and the date and amount thereof shall be endorsed on the record of the case by the registrar or clerk of the court.
Where the sheriff is in doubt as to the validity of any attachment or contemplated attachment, he or she may require that the party suing out the process in execution shall give security to indemnify him or her.
if moneys are received by the sheriff under any form of execution otherwise than as the proceeds of the sale in execution of property in respect of the attachment of which security has been given in terms of paragraph (a), such moneys shall not be paid to the execution creditor until he or she has given security for the restitution of the full amount received by the sheriff if the attachment be thereafter set aside: Provided that the execution debtor may in writing over his or her signature dispense with the giving of such security.
The prescribed fee for security given under this rule shall without taxation be recoverable as part of the costs of execution.
Any surety bond or other document of security given in terms of this rule may be sued upon by the execution debtor without formal transfer thereof to him.
This rule shall not apply where the party suing out the process in execution or the execution creditor is a Minister, a Deputy Minister or a Provincial Premier, in his or her official capacity, the State or a provincial government.
Unless otherwise ordered by the court, the costs and expenses of issuing a warrant and levying execution shall be a first charge on the proceeds of the property sold in execution and may so far as such proceeds are insufficient be recovered from the execution debtor as costs awarded by the court.
Subject to any hypothec existing prior to attachment, all warrants of execution lodged with any sheriff appointed for a particular area or any other sheriff on or before the day immediately preceding the date of the sale in execution shall rank pro rata in the distribution of the proceeds of the goods sold in execution.
The sheriff conducting a sale in execution shall not less than 10 days prior to the date of sale forward a copy of the notice of sale to all other sheriffs appointed for the area in which he or she has been instructed to conduct a sale in respect of the attached goods.
The sheriff conducting a sale in execution shall accept from all other sheriffs appointed for that area or any other sheriff a certificate listing any attachment that has been made and showing the ranking of creditors in terms of warrants in the possession of those sheriffs.
Withdrawal of attachment shall be effected by note made and signed by the sheriff on the warrant of execution that the attachment is withdrawn, stating the time and date of the making of such note.
creditor, the execution debtor, all other sheriffs appointed for that area or any other sheriff who has submitted a certificate referred to in subrule (2)(c) and to any other person by whom a claim to the property attached has been lodged with him or her: Provided that the property shall not be released from attachment for a period of four months if a certificate referred to in subrule (2)(c) or an unsatisfied warrant of execution lodged under subrule (2) remains in the hands of the sheriff.
If any property attached in execution is claimed by any third party as his or her property or any third party makes any claim to the proceeds of property so attached and sold in execution, the sheriff shall, subject to subrule (5), deal with such matter as provided in rule 44.
Notwithstanding a claim to property referred to in subrule (4) by a third party the sheriff shall attach such property if he or she has not yet done so and the property shall remain under attachment pending the outcome of interpleader proceedings unless sooner released from attachment upon order of the court or otherwise, and rule 41 (7) shall mutatis mutandis apply to property so attached.
On completion of any sale in execution of property, whether movable or immovable, the sheriff shall attach to his or her return a vendue roll showing details of the property sold, the prices realised, and, where known, the names and addresses of the purchasers and an account of the distribution of the proceeds and shall send a copy of such vendue roll to all other sheriffs appointed for that area who have submitted certificates referred to in subrule (2)(c).
Where a warrant of execution has been lodged with the sheriff conducting a sale in execution by any other sheriff referred to in sub-rule (2)(a), the sheriff conducting the sale shall make payment in terms of a distribution account to any sheriff who submitted a certificate referred to in subrule (2)(c) in respect of that sale.
Payment in terms of a distribution account shall only be made after the distribution account has lain for inspection for a period of 15 days after the sheriff who has lodged a warrant of execution with the sheriff who conducted the sale, has received a copy of the distribution account.
No sheriff or person on behalf of the sheriff shall at a sale in execution purchase any of the property offered for sale either for himself or herself or for any other person.
Where a judgment debtor is a partner in a firm and the judgment is against him or her for a separate debt, the court may, after notice to the judgment debtor and to his or her firm, appoint the sheriff as receiver to receive any moneys payable to the judgment debtor in respect of his or her interests in the partnership.
An appointment in terms of subrule (1) shall, until the judgment debt is satisfied, operate as an attachment of the interest of the judgment debtor in the partnership assets and the sheriff so appointed shall notify all other sheriffs appointed for that area of such appointment.
Where a judgment is against a firm, the partnership property shall first be exhausted, so far as it is known to the judgment creditor, before the judgment is executed against the separate property of the partners.
(a) The sheriff shall, upon receiving a warrant directing him or her to levy execution on movable property, repair to the residence, place of employment or business of the execution debtor or to another place pointed out by the execution creditor where movable property is to be attached as soon as circumstances permit, and there demand payment of the judgment debt and costs or else require that so much movable property be pointed out as the said sheriff may deem sufficient to satisfy the warrant, and if such last-mentioned request be complied with the sheriff shall make an inventory and valuation of such property.
If the property pointed out in terms of paragraph (a) is insufficient to satisfy the warrant, the sheriff shall nevertheless proceed to make an inventory and valuation of so much movable property as may be pointed out in part execution of the warrant.
If the execution debtor does not point out any property as required in terms of subrule (1), the sheriff shall immediately make an inventory and valuation of so much of the movable property belonging to the execution debtor as he or she may deem sufficient to satisfy the warrant or of so much of the movable property as may be found in part execution of the warrant.
If on demand the execution debtor pays the judgment debt and costs, or part thereof, the sheriff shall endorse the amount paid and the date of payment on the original and copy of the warrant, which endorsement shall be signed by him or her and counter-signed by the execution debtor or his or her representative.
So far as may be necessary to the execution of any warrant referred to in subrule (1), the sheriff may open any door on any premises, or of any piece of furniture, and if opening is refused or if there is no person there who represents the person against whom such warrant is to be executed, the sheriff may, if necessary, use force to that end.
The sheriff shall exhibit the original warrant of execution and shall hand to the execution debtor or leave on the premises a copy thereof.
As soon as the requirements of this rule have been complied with by the sheriff, the goods inventoried by him or her shall be deemed to be judicially attached.
The sheriff shall hand a copy of an inventory made under this rule, signed by himself or herself to the execution debtor or leave the same on the premises, which copy shall have subjoined thereto a notice of the attachment.
any such specie or documents shall thereupon be sealed and removed to the office of the sheriff where it shall be safely stored.
The execution creditor or his or her attorney shall, where movable property, other than specie or documents, has been attached, after notification of such attachment, instruct the sheriff in writing, whether the property shall be removed to a place of security or left upon the premises in the charge and custody of the execution debtor or in the charge and custody of some other person acting on behalf of the sheriff: Provided that the execution creditor or his or her attorney may, upon satisfying the registrar or clerk of the court, who shall endorse his or her approval on the document containing the instructions, of the desirability of immediate removal upon issue of the warrant of execution, instruct the sheriff in writing, to remove immediately from the possession of the execution debtor all or any of the articles reasonably believed by the execution creditor to be in the possession of the execution debtor.
In the absence of any instruction under paragraph (a), the sheriff shall leave the movable property, other than specie or documents, on the premises and in the possession of the person in whose possession the said movable property is attached.
Where a sheriff is instructed to remove the movable property, he or she shall do so without any avoidable delay, and he or she shall in the mean time leave the same in the charge or custody of some person who shall have the charge or custody in respect of the goods on his or her behalf.
Any person in whose charge or custody movable property which has been attached, has been left, shall not use, let or lend such property, or permit it to be used, let or lent, nor shall he or she in any way do anything which will decrease its value and, if the property attached shall have produced any profit or increase, the custodian shall be responsible for any such profit or increase in like manner as he or she is responsible for the property originally attached.
If a person in whose charge or custody movable property has been left, other than the execution debtor, makes a default in his or her duty he or she shall not be entitled to recover any remuneration for his or her charge and custody.
Unless an order of court is produced to the sheriff requiring him or her to detain any movable property under attachment for such further period as may be stipulated in such order, the sheriff shall, if a sale in respect of such property is not pending, release from attachment any such property which has been detained for a period exceeding four months.
If such order was made on application made ex parte, such order shall not be subject to confirmation.
In the event of a claimant lodging an interpleader claim with the sheriff in accordance with rule 44, the period of four months referred to in paragraph (i) shall be suspended from the date on which the claimant delivers his or her affidavit to the sheriff until the final adjudication of the interpleader claim, including any review or appeal in respect of such interpleader claim.
Any movable property sold in execution of process of the court shall be sold publicly and for cash by the sheriff who removed the goods in terms of subrule (7)(b) or, with the approval of the magistrate, by an auctioneer or other person appointed by the sheriff, to the highest bidder at or as near to the place where the same was attached or to which the same had been so removed as aforesaid as may be advantageous for the sale thereof.
The execution creditor shall, after consultation with the sheriff, prepare a notice of sale and furnish two copies thereof to the sheriff in sufficient time to enable one copy to be affixed not later than 10 days before the day appointed for the sale on the notice board or door of the court-house or other public building in which the said court is held and the other at or as near as may be to the place where the said sale is actually to take place.
If in the opinion of the sheriff the value of the goods attached exceeds R5 000 he or she shall indicate some local or other newspaper circulating in the district and require the execution creditor to publish the notice of sale in that newspaper not later than 10 days before the date appointed for the sale in addition to complying with paragraph (b) and to furnish him or her with a copy of the edition of the paper in which the publication appeared not later than the day preceding the date of sale.
The day appointed for a sale in execution shall be not less than 15 days after attachment: Provided that where the goods attached are of a perishable nature, or with the consent of the execution debtor, the court may, upon application, reduce any period referred to in this subrule or subrule (8) to such extent and on such conditions as it may deem fit.
A sale in execution shall be stopped as soon as sufficient money has been raised to satisfy the said warrant and any warrant referred to in rule 39(2) and the costs of the sale.
Should the sheriff have a balance in hand after satisfaction of the claim of the execution creditor and of all warrants of execution lodged with him or her on or before the day immediately preceding the date of the sale and of all costs he or she shall pay the same to the execution debtor if he or she can be found, otherwise he or she shall pay such balance into court.
The balance paid into court in terms of paragraph (a), if not disposed of before the expiration of three years, shall be paid into the State Revenue Fund after three months' notice of such intention has been given to the persons concerned, whereafter any application for the refund of such balance shall be directed to the State Revenue Fund by a person concerned.
the attachment shall not be valid unless and until the instrument in question is taken possession of by the sheriff and notice has, in the case of a registered lease or bond, been given to the registrar of deeds concerned.
the sheriff may, upon exhibiting the original of such warrant of execution to the pledgee, lessor, lessee, purchaser, seller or such other third person, enter upon the premises where such property is and make an inventory and valuation of the said property.
The method of attachment of property under section 32 of the Act shall mutatis mutandis be the same as that of attachment in execution.
A warrant of execution against immovable property shall contain a full and complete description of the nature and situation (including the address) of the immovable property to enable it to be traced and identified by the sheriff, and shall be accompanied by sufficient information to enable the sheriff to give effect to the provisions of subrule (2).
The mode of attachment of immovable property shall be by notice by the sheriff served in like manner as a summons together with a copy of the warrant of execution upon the execution debtor as owner thereof, upon the registrar of deeds or other officer charged with the registration of such immovable property, upon all registered holders of bonds (other than the execution creditor) registered against the property attached and, if the property is in the occupation of some person other than the execution debtor, also upon such occupier, and upon the local authority in whose area the property is situated.
If the period of attachment is extended as referred to in section 66(5) of the Act, notice of such extension shall be given to the persons referred to in paragraph (a) in the manner referred to in that paragraph.
If the attachment of immovable property lapses in terms of section 66(4) or section 66(5) of the Act, the Sheriff shall notify the persons who are entitled to receive notice in terms of paragraph (a) that such attachment has lapsed.
After the attachment of immovable property the sheriff shall ascertain and record whether the property is subject to any claim preferent to that of the execution creditor and, if that be the case, he or she shall thereupon notify the execution creditor of the existence of any such claim to enable the latter to give notice in terms of section 66(2) of the Act.
The sheriff may by notice, served in like manner as a summons, require the execution debtor to deliver to him or her all documents in his or her possession or under his or her control relating in any way to his or her title to attached immovable property.
Where attached immovable property is situate in a district other than that in which the judgment was given, the party requiring execution shall forward the warrant of execution to a sheriff of the court of the district in which the property is situate, who shall proceed to attach the property in the manner provided in this rule.
The sheriff shall appoint a day and place for the sale of attached immovable property which day shall, except by special leave of the court, be not less than one month after service of the notice of attachment.
The execution creditor shall, after consultation with the sheriff, prepare a notice of sale containing a short description of the attached immovable property and its situation, the date, time and place for the holding of the sale and the material conditions thereof and furnish the sheriff with as many copies of the said notice as he or she may require.
The execution creditor shall publish a notice prepared in terms of paragraph (b) once in a newspaper registered with the Audit Bureau of Circulations of South Africa circulating in the district in which the immovable property is situated and in the Government Gazette not less than 5 days and not more than 15 days before the date of the sale and provide the sheriff, by hand or by facsimile, with one photocopy of each of the notices published in the newspaper and the Government Gazette, respectively, or, in the case of the Government Gazette, the number of the Government Gazette in which the notice was published.
Not less than 10 days prior to the date of the sale in execution of immovable property the sheriff shall forward by registered post a copy of the notice of sale prepared in terms of paragraph (b) to every execution creditor who has lodged a warrant of execution and to every mortgagee in respect of the immovable property whose address is reasonably ascertainable.
Not later than 10 days before the day appointed for a sale in execution of immovable property the sheriff shall affix one copy of the notice of the sale on the notice board or door of the court-house or other public building in which the said court is held and one copy at or as near as may be to the place where the said sale is actually to take place.
The conditions of sale for a sale in execution of immovable property shall be prepared by the execution creditor and shall, inter alia, provide for payment by the purchaser of interest on the purchase price from the date of sale of the property to date of payment of the purchase price.
The execution creditor shall not less than 20 days prior to the appointed date of a sale in execution of immovable property, deliver two copies of the conditions of sale to the sheriff and one copy thereof to each person who may be entitled to notice of the sale.
Any interested party may not less than 15 days prior to the appointed date of a sale in execution of immovable property, upon 24 hours' notice to such other persons as may have received a copy of such conditions of sale and to the execution creditor, apply to a judicial officer for a modification of such conditions of sale and such judicial officer may make such order as he or she may deem fit.
The execution creditor may appoint the conveyancer for the purposes of transfer of immovable property sold in execution.
The execution creditor or any person having an interest in the due and proper realisation of attached immovable property may, by notice given to the sheriff within 15 days after attachment, but subject to the provisions hereinafter contained, require that such property shall be sold by an auctioneer in the ordinary course of business and may in such notice nominate the auctioneer to be employed.
Where a notice in terms of paragraph (a) is given by any person other than the execution creditor, such notice shall be accompanied by the deposit of a sum sufficient to cover the additional expense of sale by an auctioneer in the ordinary course of business, and in default of such a deposit such notice shall be void.
A notice in terms of paragraph (a) shall lapse if in fact the services of an auctioneer are not obtainable.
If after satisfying the claim of the execution creditor and all warrants of execution lodged with the sheriff on or before the day immediately preceding the date of the sale and all costs there are surplus proceeds of such property, such deposit shall be returned to the depositor, but if there is not such a surplus such deposit shall, as far as may be necessary, be applied in payment of the auctioneer's fees and expenses.
If two or more notices in terms of paragraph (a) are given, the first shall have the preference.
A sale in execution of immovable property shall be by public auction without reserve and the property shall, subject to the provisions of section 66(2) of the Act and to the other conditions of sale, be sold to the highest bidder.
A sale in execution of immovable property shall be held at a place deemed fit by the sheriff or, for good cause shown, at such other place as the magistrate may determine.
Where immovable property is situate in a district other than that in which the judgment was given, the sale in execution of the property shall be effected by a sheriff of the court of the district in which it is situate in the manner provided in this rule.
The sheriff shall give transfer of immovable property sold in execution to the purchaser against payment of the purchase money and upon performance of the conditions of sale and may for that purpose do anything necessary to effect registration of transfer, and anything so done by him or her shall be as valid and effectual as if he or she were the owner of the property.
Subject to paragraph (b), all moneys in respect of the purchase price of immovable property sold in execution shall be paid to the sheriff of the court and not to the execution creditor or any other person on his or her behalf, and the sheriff shall retain such moneys in trust until transfer has been given to the purchaser.
The sheriff shall as soon as possible after the sale in execution of immovable property prepare in order of preference as provided in this rule, a plan of distribution of the purchase money received and such plan shall lie in his or her office for inspection of persons having an interest therein for a period of 15 days after the date of sale, unless all such persons inform the sheriff before the expiration of that period in writing that they have no objection to such plan, and a copy thereof shall be lodged with the registrar or clerk of the court and with any other sheriff who submitted a certificate referred to in rule 39(2)(c).
the claims of creditors secured in respect of that property in their legal order of preference.
Any person having an interest in a plan prepared in terms of paragraph (b) and objecting thereto shall, within a period of 10 days after the expiration of the period referred to in paragraph (b), give notice in writing to the sheriff, the registrar or clerk of the court and all other persons having an interest therein of the particulars of his objection and may, if the grounds for his or her objection are not removed within 15 days after the expiration of the first-mentioned period, bring such plan before the court for review.
A review under paragraph (d) shall be on 5 days' notice to the persons mentioned in that paragraph: Provided that if such notice is not given within 20 days after the expiration of the period of 15 days mentioned in that paragraph, the objection will be deemed to be withdrawn.
The court, on review, may hear and determine the matter in dispute in a summary manner and may thereafter amend or confirm the plan of distribution or may make such order as it may deem fit.
the plan has been amended in accordance with an order of the court or has been confirmed on review, such amount shall be paid out by the sheriff or any person authorised thereto by him or her in accordance with the plan of distribution so certified.
Rule 41(11) shall, subject to section 71 of the Act, mutatis mutandis apply to any surplus amount not paid out to an execution debtor under paragraph (g).
The sheriff shall, when notifying the result of the execution in terms of rule 8 (3) (a), also show the disposal of the amount recovered by him or her, and the notification to the registrar or clerk of the court shall be supported by a receipt for every amount paid out by him or her.
43A. (1) Whenever a certified copy of a judgment referred to in section 3(1) of the Enforcement of Foreign Civil Judgments Act, 1988 (Act No. 32 of 1988), is filed with the registrar or clerk of the court in the Republic, such registrar or clerk of the court shall register that judgment by numbering it with a consecutive number for the year during which it is filed and by noting the particulars in respect of the judgment referred to in paragraphs (a), (b) and (c) of the said section on the case cover.
if any amount payable under the judgment is expressed in a currency other than the currency of the Republic, file a certificate issued by a banking institution registered in terms of section 4 of the Banks Act, 1965 (Act No. 23 of 1965), stating the rate of exchange prevailing at the date of the judgment.
A notice issued in terms of section 3(2) of the Enforcement of Foreign Civil Judgments Act, 1988 (Act No.
the name of the court where the judgment was given.
(a) Where any third party (hereinafter in this subrule referred to as the "applicant") has in his or her custody or possession property to which two or more persons (hereinafter in this rule referred to as the "claimants") make adverse claims the applicant may sue out a summons in the form prescribed for that purpose in Annexure 1 calling upon the claimants to appear and state the nature and particulars of their claims and have such claims adjudicated upon.
If the property in question consists of money, the applicant shall when suing out the summons pay the amount thereof into court.
the nature and grounds of his or her claim substantiated by any relevant evidence.
Within 15 days after the date on which the claim is made the sheriff shall notify the execution creditor and all other sheriffs appointed for that area who have submitted certificates referred to in rule 39(2)(c) of the claim.
Simultaneously with the notice referred to in subparagraph (i), the sheriff shall deliver one copy of the claimant's affidavit to the execution creditor and one to the execution debtor.
The execution creditor shall, within 10 days of receipt of notice of the claimant's claim and affidavit, advise the sheriff in writing whether he or she admits or rejects the claimant's claim.
If the execution creditor gives the sheriff notice within the period stated in paragraph (i) that he or she admits the claim, he or she shall not be liable for any costs, fees or expenses afterwards incurred and the sheriff may withdraw from possession of the property claimed.
If the execution creditor gives the sheriff notice that he or she rejects the claim, the sheriff shall within 10 days from date of such notice prepare and issue out a summons in the form prescribed for that purpose in Annexure 1 calling upon the claimant and the execution creditor to appear on the date specified in the summons to have the claim of the claimant adjudicated upon.
The sheriff shall notify all other sheriffs appointed for that area who have submitted certificates referred to in rule 39(2)(c) of the date specified in the summons sued out under paragraph (a) and of the judgment of the court.
The registrar or clerk of the court shall sign and issue the summons.
If any claimant does not appear in pursuance of any summons sued out under this rule or appears but fails or refuses to comply with any order made by the court after his or her appearance, the court may make an order declaring him or her and all persons thereafter claiming under him or her barred from making any claim in respect of the subject matter referred to in the summons against the applicant or the sheriff.
try the matters in dispute in a summary manner.
Where the matters in issue are tried, whether summarily or otherwise, the provisions of rule 29 as to the trial of an action shall mutatis mutandis apply.
The court may, in and for the purposes of any interpleader proceedings, make such order as to any additional expenses of execution occasioned by the claim and as to payment of costs incurred by the applicant or sheriff as it may deem fit.
in the case of property other than money paid into court in terms of paragraph (b), he or she is willing to deal with the property as the court may direct.
A notice referred to in subrule (1) shall state the consequences of failure to appear in court on the date determined for the enquiry.
Any alteration in a notice referred to in subrule (1) or in a warrant of arrest in terms of section 65A(6) of the Act shall be initialled by the judgment creditor or his or her attorney and by the registrar or clerk of the court before issue or reissue.
When a judgment or order referred to in section 65A(1) of the Act has been given in any court other than the court of the district in which the enquiry is held, the registrar or clerk of the court shall not issue the notice until there is lodged with him or her a copy of the judgment or order of such other court duly certified by the registrar or clerk of that court.
When a judgment debtor has been arrested and is brought before a court which is not the court which authorised the warrant of arrest, that registrar or clerk of the court shall open a file, allocate a case number to it and hand it, together with the warrant, to the court.
When the court referred to in paragraph (a) transfers the matter in terms of section 65A(11) of the Act to the court which authorised the warrant, the registrar or clerk of the court shall without delay send the original warrant and certified copies of the minutes of the proceedings and the order to that effect to the court which authorised the warrant.
If the court before which proceedings in terms of section 65A(10)(b) or (11) are pending is not the court which authorised the warrant in terms of section 65A(6), the registrar or clerk of the former court shall by telephone or in writing by facsimile notify the registrar or clerk of the latter court of the appearance of the judgment debtor, director or officer before the former court and shall inform the judgment creditor or his or her attorney by telephone or in writing by facsimile accordingly: Provided that full particulars of telephone calls and proof of transmission of facsimiles shall be filed in the case cover.
The provisions of rule 55 shall apply mutatis mutandis to a request referred to in section 65A(3) of the Act.
his or her offer and the dates of the proposed instalments.
A warrant in terms of section 65A(6) of the Act shall be similar to Form 40A of Annexure 1.
A notice in terms of section 65A(8)(b) of the Act shall be similar to Form 40B of Annexure 1.
When an emoluments attachment order is issued by a judgment creditor out of any court other than the court in which the judgment or order was obtained, a certified copy of the judgment or order against the judgment debtor shall accompany the affidavit or affirmation or certificate referred to in section 65J(2)(b) of the Act.
An emoluments attachment order shall be issued in the form prescribed in Annexure 1, being Form 38, and shall contain sufficient information to enable the garnishee to identify the judgment debtor, including the identity number or work number or date of birth of the judgment debtor.
a debt is at present or in future owing or accruing by or from the garnishee to the judgment debtor and the amount thereof.
Unless an application for a garnishee order is directed to the court which granted the judgment or order referred to in subrule (1)(a), a certified copy of the judgment or order against the judgment debtor shall accompany the affidavit or affirmation or certificate referred to in subrule (1).
Sufficient information including the identity number or work number or date of birth of the judgment debtor shall be furnished in a garnishee order to enable the garnishee to identify the judgment debtor.
Upon an application under this rule the court may require such further evidence as it may deem fit.
Upon an application under this rule the court may order the garnishee to pay to the judgment creditor or his or her attorney so much of the debt at present or in future owing or accruing by or from him or her to the judgment debtor as may be sufficient to satisfy the said judgment, together with the costs of the garnishee proceedings (including the costs of service), or failing such payment to appear before the court on a day to be named in the said order and show cause why he should not pay such debt.
The registrar or clerk of the court shall note upon the face of an order made under subrule (5) the day it was made.
An order made under subrule (5) shall be served upon the garnishee and upon the judgment debtor and shall operate as an attachment of the said debt in the hands of the garnishee.
The judgment debtor and the garnishee may appear on the day fixed for the hearing of the application, but may not question the correctness of the judgment on which the application is based.
If the garnishee does not dispute his or her indebtedness to the judgment debtor, or allege that he or she has a set-off against the judgment debtor or that the debt sought to be attached belongs to or is subject to a claim by some other person, or if he or she shall not appear to show cause as provided in subrule (5), the court may order the garnishee to pay the debt (or such portion of it as the court may determine) to the judgment creditor or his or her attorney on the dates set out in the said order, and should the garnishee make default, execution for the amount so ordered and costs of the said execution may be issued against the garnishee. Rules 36 to 43, inclusive shall mutatis mutandis apply to execution in terms of this subrule.
for the purpose of such trial, the judgment creditor shall be plaintiff and the garnishee defendant, or vice versa.
If the garnishee alleges that the debt belongs to or is subject to a claim by some other person the court may extend the return day and order such other person to appear and state the nature and particulars of his or her claim and either to maintain or relinquish it, and may deal with the matter as if the judgment creditor and such other person were claimants in interpleader in terms of rule 44.
If the judgment debtor alleges that the judgment has been satisfied or is for some other reason not operative against him or her, or that the garnishee is not indebted to him or her, the court may try the issue summarily.
A creditor who, in terms of section 74F(3) of the Act, wishes to object to any debt listed with an administration order or to the manner in which the order commands payments to be made, shall do so within 20 days after the granting of the order has come to his or her notice.
A creditor who, in terms of section 74G(10)(b) of the Act, wishes to object to any debt included in the list of creditors shall, within 15 days after he or she has received a copy of the administration order, notify the administrator in writing of his or her objections and the grounds whereupon his or her objections are based.
In a matter referred to in subrule (2) the administrator shall obtain from the registrar or clerk of the court a suitable day and time for the hearing of the objections by the court and thereupon, in writing, notify the creditor referred to in subrule (2), the debtor and any other involved creditors, of the said day and time.
An administrator may, in terms of section 74L(1)(b) of the Act, before making a distribution referred to in that section detain an amount not exceeding 25 per cent of the amount collected to cover the costs that he or she may have to incur if the debtor is in default or disappears: Provided that the amount in the possession of the administrator for this purpose at any stage shall not exceed the amount of R600.
Should an administrator be an officer employed by the State the remuneration referred to in section 74L of the Act shall accrue to the State.
A party to proceedings in which a default judgment has been given, or any person affected by such judgment, may within 20 days after obtaining knowledge of the judgment serve and file an application to court, on notice to all parties to the proceedings, for a rescission or variation of the judgment and the court may, upon good cause shown, or if it is satisfied that there is good reason to do so, rescind or vary the default judgment on such terms as it deems fit: Provided that the 20 days' period shall not be applicable to a request for rescission or variation of judgment brought in terms of subrule (5).
It will be presumed that the applicant had knowledge of the default judgment 10 days after the date on which it was granted, unless the applicant proves otherwise.
Where an application for rescission of a default judgment is made by a defendant against whom the judgment was granted, who wishes to defend the proceedings, the application must be supported by an affidavit setting out the reasons for the defendant's absence or default and the grounds of the defendant's defence to the claim.
Where an application for rescission of a default judgment is made by a defendant against whom the judgment was granted, who does not wish to defend the proceedings, the applicant must satisfy the court that he or she was not in wilful default and that the judgment was satisfied, or arrangements were made to satisfy the judgment, within a reasonable time after it came to his or her knowledge.
Where a plaintiff in whose favour a default judgment was granted has agreed in writing that the judgment be rescinded or varied, either the plaintiff or the defendant against whom the judgment was granted, or any other person affected by such judgment, may, by notice to all parties to the proceedings, apply to the court for the rescission or variation of the default judgment, which application shall be accompanied by written proof of the plaintiff's consent to the rescission or variation.
An application referred to in paragraph (a) may be made at any time after the plaintiff has agreed in writing to the rescission or variation of the judgment.
Where an application for rescission or variation of a default judgment is made by any person other than an applicant referred to in subrule (3), (4) or (5), the application must be supported by an affidavit setting out the reasons why the applicant seeks rescission or variation of the judgment.
All applications for rescission or variation of judgment other than a default judgment must be brought on notice to all parties, supported by an affidavit setting out the grounds on which the applicant seeks the rescission or variation, and the court may rescind or vary such judgment if it is satisfied that there is good reason to do so.
Where the rescission or variation of a judgment is sought on the ground that it is void ab origine or was obtained by fraud or mistake, the application must be served and filed within one year after the applicant first had knowledge of such voidness, fraud or mistake.
A magistrate who of his or her own accord corrects errors in a judgment in terms of section 36(1)(c) of the Act shall, in writing, advise the parties of the correction.
Where an appeal lies to a magistrate's court it may be noted by delivery of notice within 10 days after the date of the judgment appealed against.
The notice of appeal shall set out concisely and distinctly the grounds of appeal.
The party noting an appeal shall prosecute the same within 20 days after the noting of the appeal.
The hearing of an appeal shall be subject to the delivery by the appellant of notice of set down for a day approved by the registrar or clerk of the court.
A notice of set down referred to in subrule (4) shall be delivered at least 10 days before the day of hearing.
At any time after delivery of notice of appeal but not later than delivery of notice of set-down the appellant shall cause to be filed with the clerk of the court the record, or a duly certified copy thereof, of the proceedings which resulted in the judgment or decision appealed against.
leave to a party to adduce oral evidence at the hearing of an appeal or proceed by way of rehearing either in whole or in part.
The court may in its discretion award to either party the costs incurred in an appeal, which costs shall be taxed on such scale of costs prescribed for actions in the court as the court may direct.
The summons or other initial document issued in a case transferred to a court in terms of rule 39(22) of the Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa shall stand as summons commencing an action in the court to which such case has been so transferred and shall, subject to any right the defendant may have to except thereto, be deemed to be a valid summons, issued in terms of the rules and any matter done or order given in the court from which such case has been transferred and the case shall thereupon proceed from the appropriate stage following the stage at which it was terminated before such transfer.
Costs incurred in a case before transfer in terms of subrule (9) shall, unless the court otherwise directs, be costs in the cause.
his or her reasons for judgment.
The registrar or clerk of the court shall on receipt from the judicial officer of a judgment in writing supply to the party applying therefor a copy of such judgment and shall endorse on the original minutes of record the date on which the copy of such judgment was so supplied.
An appeal may be noted within 20 days after the date of a judgment appealed against or within 20 days after the registrar or clerk of the court has supplied a copy of the judgment in writing to the party applying therefor, whichever period shall be the longer.
An appeal shall be noted by the delivery of notice, and, unless the court of appeal shall otherwise order, by giving security for the respondent's costs of appeal to the amount of R1000: Provided that no security shall be required from the State or, unless the court of appeal otherwise orders, from a person to whom legal aid is rendered by a statutorily established legal aid board.
Money paid into court under subrule (4) and outstanding for more than three years, may be paid into the State Revenue Fund, after three months' notice of such intention in writing has been given to the parties concerned, whereafter the parties concerned may apply for a refund of the amount paid into the said Fund.
A cross-appeal shall be noted by the delivery of notice within 10 days after the delivery of the notice of appeal.
his or her reasons for any ruling of law or for the admission or rejection of any evidence so specified as appealed against.
A statement referred to in paragraph (a) shall become part of the record.
This rule shall also, so far as may be necessary, apply to a cross-appeal.
A party noting an appeal or a cross-appeal shall prosecute the same within such time as may be prescribed by rule of the court of appeal and, in default of such prosecution, the appeal or cross-appeal shall be deemed to have lapsed, unless the court of appeal shall see fit to make an order to the contrary.
Subject to rule 50 of the Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa, the registrar or clerk of the court shall, within 15 days after he or she receives notice that an appeal has been set down for hearing, transmit to the registrar of the court of appeal the record in the action duly certified.
A respondent desiring to abandon the whole or any part of a judgment appealed against may do so by the delivery of a notice in writing stating whether he or she abandons the whole, or if part only, what part of such judgment.
Every notice of abandonment in terms of paragraph (a) shall become part of the record.
the grounds of appeal, specifying the findings of fact or rulings of law appealed against.
the memorandum of such agreement with the registrar or the clerk of the court, and such memorandum shall thereupon become part of the record in the action or matter.
(a) A party may institute or defend and may carry to completion any legal proceedings either in person or by a practitioner.
A local authority, company or other incorporated body in doing so may act through an officer thereof nominated by it for that purpose.
A partnership or group of persons associated for a common purpose in doing so may act through a member thereof nominated by it for that purpose.
No person acting under paragraphs (a), (b) or (c) other than a practitioner shall be entitled to recover therefor any costs other than necessary disbursements.
It shall not be necessary for any person to file a power of attorney to act, but the authority of any person acting for a party may be challenged by the other party within 10 days after he or she has noticed that such person is so acting or with the leave of the court for good cause shown at any time before judgement and thereupon such person may not, without the leave of the court, so act further until he or she has satisfied the court that he or she has authority so to act and the court may adjourn the hearing of the action or application to enable him or her to do so: Provided that no power of attorney shall be required to be filed by the State Attorney, any deputy state attorney or any professional assistant to the State Attorney or to a deputy state attorney or any attorney instructed in writing by or on behalf of the State Attorney or a deputy state attorney in any matter in which the State Attorney or a deputy state attorney is acting in his or her capacity as such.
If a party dies or becomes incompetent to continue an action the action shall thereby be stayed until such time as an executor, trustee, guardian or other competent person has been appointed in his or her place or until such incompetence shall cease to exist.
Where an executor, trustee, guardian or other competent person has been appointed for a party who has died or has become incompetent, the court may, on application, order that the person so appointed be substituted in the place of that party.
(a) Any person desiring to sue or defend as a pro Deo litigant may apply to the court on notice to the party to be sued or to the plaintiff, as the case may be, for leave to do so.
The applicant shall deliver with a notice referred to in paragraph (a) an affidavit made by himself or herself setting out fully the grounds of action or of defence on which he or she intends to rely and particulars of his or her means.
The registrar or clerk of the court shall, at the request of an applicant desiring to sue or defend as a pro Deo litigant and on the direction of a judicial officer, write out the relevant notice and affidavit, notwithstanding that the claim or value of the matter in dispute exceeds R100 and no fee shall be payable by the applicant for such assistance.
the registrar or clerk of the court, without charge, write out such process, affidavits, notices and other documents as may be required to comply with these rules.
If a pro Deo litigant succeeds and is awarded costs against his or her opponent he or she shall, subject to taxation, be entitled to include and recover in such costs his or her attorney's costs and also the court fees and sheriff's charges so remitted and if he or she shall recover either the principal amount, the interest or the costs, he or she shall first pay and make good out of that pro rata all such costs, fees and charges.
If the pro Deo litigant does not succeed or recover upon a judgment in his or her favour no fees shall be taken from him or her by the attorney so appointed to act for him or her.
may, on application at any time before judgment by any person affected thereby, be reviewed and rescinded or varied by the court for good cause shown.
Nothing contained in this rule shall prevent the court, at its discretion, from referring a pro Deo litigant or applicant to a convenient legal aid centre or justice centre for assistance at any given time.
refer any such application to an attorney for investigation and report as to the applicant's means and whether he or she has a prima facie right of action or defence, as the case may be.
(a) Any two or more persons claiming or being sued as co-partners may sue or be sued in the name of the firm of which such persons were co-partners at the time of the accruing of the cause of action.
In any case referred to in paragraph (a) any party may by notice require from the party so suing or sued a statement of the names and places of residence of the persons who were at the time of the accruing of the cause of action co-partners in any such firm.
A party receiving a notice in terms of subrule (1)(a) shall, within 10 days after receipt thereof, deliver the statement required.
When the names of the partners are declared, the action shall proceed in the same manner and the same consequences in all respects shall follow as if they had been named in the summons; but all the proceedings shall nevertheless continue in the name of the firm.
Any person carrying on business in a name or style other than his or her own name may sue or be sued in such name or style as if it were a firm name; and so far as the nature of the case will permit, all the provisions of this rule relating to proceedings against firms shall apply.
When action has been instituted by or against a firm or by or against a person carrying on business in a name or style other than his own name or by or against an unincorporated company, syndicate or association in the name of the firm or in such name or style or in the name of the company, syndicate or association, as the case may be, the court may on the application of the other party to the action made at any time either before or after judgment on notice to a person alleged to be a partner in such firm or the person so carrying on business, or a member of such company, syndicate or association, declare such person to be a partner, the person so carrying on business or a member, as the case may be, and on the making of such order the provisions of subrule (3) shall apply as if the name of such person had been declared in a statement delivered as provided in subrule (2).
(a) Every application shall be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief.
set forth a day, not less than 5 days after service thereof on the respondent, on or before which such respondent is required to notify the applicant, in writing, whether he or she intends to oppose such application, and state that if no such notification is given the application will be set down for hearing on a stated day, not being less than 10 days after service on the respondent of the notice.
If the respondent does not, on or before the day mentioned for that purpose in a notice of motion, notify the applicant of his or her intention to oppose, the applicant may place the matter on the roll for hearing by giving the registrar or clerk of the court notice of set down 5 days before the day upon which the application is to be heard.
where it intends to raise questions of law only, deliver notice of intention to do so, within the time stated in subparagraph (ii), setting forth such question.
Within 10 days of the service upon him or her of the affidavit and documents referred to in paragraph (g)(ii), the applicant may deliver a replying affidavit.
The court may in its discretion permit the filing of further affidavits.
Where no answering affidavit, or notice in terms of paragraph (g)(iii), is delivered within the period referred to in paragraph (g)(ii) the applicant may within 5 days of the expiry thereof apply to the registrar or clerk of the court to allocate a date for the hearing of the application.
Where an answering affidavit is delivered the applicant may apply for an allocation of the date for the hearing of the application within 5 days of the delivery of his or her replying affidavit or, if no replying affidavit is delivered, within 5 days of the expiry of the period referred to in paragraph (h) and where such notice is delivered the applicant may apply for such allocation within 5 days after delivery of such notice.
If the applicant fails so to apply within the appropriate period provided for in subparagraph (ii), the respondent may do so immediately upon the expiry thereof.
Notice in writing of the date allocated by the registrar or clerk of the court shall be delivered by applicant or respondent, as the case may be, to the opposite party not less than 10 days before the date allocated for the hearing.
Where an application cannot properly be decided on affidavit the court may dismiss the application or make such order as it deems fit with a view to ensuring a just and expeditious decision.
Any party to any application proceedings may bring a counter-application or may join any party to the same extent as would be competent if the party wishing to bring such counter-application or join such party were a defendant in an action and the other parties to the application were parties to such action.
The periods prescribed with regard to applications shall apply mutatis mutandis to counter-applications: Provided that the court may on good cause shown postpone the hearing of the application.
the degree of urgency is so great that it justifies dispensing with notice.
The notice of motion in every application brought ex parte shall be similar to Form 1 of Annexure 1.
Any order made against a party on an ex parte basis shall be of an interim nature and shall call upon the party against whom it is made to appear before the court on a specified return date to show cause why the order should not be confirmed.
Any person against whom an order is granted ex parte may anticipate the return day upon delivery of not less than 24 hours notice.
A copy of any order made ex parte and of the affidavit, if any, on which it was made shall be served on the respondent thereto.
Where cause is shown against any order made ex parte against a party the court may order the applicant or respondent or the deponent to any affidavit on which it was made to attend for examination or cross-examination.
Any order made ex parte may be confirmed, discharged or varied by the court on cause shown by any person affected thereby and on such terms as to costs as the court may deem fit.
Ex parte applications may be heard in chambers.
Interlocutory and other applications incidental to pending proceedings must be brought on notice, supported by affidavits if facts need to be placed before the court, and set down with appropriate notice.
Applications to the court for authority to institute proceedings or directions as to procedure or service of documents may be made ex parte where the giving of notice of such application is not appropriate or not necessary.
A court, if satisfied that a matter is urgent, may make an order dispensing with the forms and service provided for in these rules and may dispose of the matter at such time and place and in accordance with such procedure (which shall as far as practicable be in terms of these rules) as the court deems appropriate.
which the applicant avers render the matter urgent and the reasons why the applicant claims that he or she could not be accorded substantial redress at a hearing in due course.
A person against whom an order was granted in his or her absence in an urgent application may by notice set down the matter for reconsideration of the order.
In any application against any Minister, Deputy Minister, Provincial Premier, officer or servant of the State, in his or her capacity as such, the State or the administration of any province, the respective periods referred to in subrule (1)(e), or for the return of a rule nisi, shall not be less than 15 days after the service of the notice of motion, or the rule nisi, as the case may be, unless the court has specially authorised a shorter period.
The court, after hearing an application, whether brought ex parte or otherwise, may make no order thereon (save as to costs if any) but grant leave to the applicant to renew the application on the same papers supplemented by such further affidavits as the case may require.
The minutes of any order required for service or execution shall be drawn up by the party entitled thereto and shall be approved and signed by the registrar or clerk of the court.
The copies of the minutes referred to in paragraph (a) for record and service shall be made by the party indicated in that paragraph and the copy for record shall be signed by the registrar or clerk of the court.
Rules 41 and 42 shall, in so far as it may be necessary in the execution of an order under this rule, mutatis mutandis apply to such execution.
The court may on application order to be struck out from any affidavit any matter which is scandalous, vexatious or irrelevant, with an appropriate order as to costs, including costs as between attorney and client.
The court shall not grant an application referred to in paragraph (a) unless it is satisfied that the applicant will be prejudiced in his or her case if it be not granted.
55A. (1) Any party desiring to amend a pleading or document other than an affidavit, filed in connection with any proceedings, shall notify all other parties of his or her intention to amend and shall furnish the particulars of the amendment.
The notice referred to in subrule (1) shall state that unless written objection to the proposed amendment is delivered within 10 days of delivery of the notice of amendment, the amendment will be effected.
An objection to a proposed amendment shall clearly and concisely state the grounds upon which the objection is founded.
If an objection which complies with subrule (3) is delivered within the period referred to in subrule (2), the party wishing to amend may, within 10 days, lodge an application for leave to amend.
If no objection is delivered as contemplated in subrule (4), every party who received the notice of the proposed amendment shall be deemed to have consented to the amendment and the party who gave notice of the proposed amendment may, within 10 days after the expiration of the period mentioned in subrule (2), effect the amendment as contemplated in subrule (7).
Unless the court otherwise directs, an amendment authorised by an order of the court may not be effected later than 10 days after such authorisation.
Unless the court otherwise directs, a party who is entitled to amend shall effect the amendment by delivering each relevant page in its amended form.
Any party affected by an amendment may, within 15 days after the amendment has been effected or within such period as the court may determine, make any consequential adjustment to the documents filed by him or her, and may also take the steps contemplated in rule 19.
A party giving notice of amendment in terms of subrule (1) shall, unless the court otherwise directs, be liable for the costs thereby occasioned to any other party.
The court may, notwithstanding anything to the contrary in this rule, at any stage before judgment, grant leave to amend any pleading or document on such other terms as to costs or other matters as it deems fit.
Application to the court for an order of arrest tanquam suspectus de fuga, an interdict or attachment or for a mandament van spolie shall be made in terms of rule 55.
Every application referred to in subrule (1) shall be accompanied by an affidavit stating the facts upon which the application is made and the nature of the order applied for.
The court may, before granting an order upon an application referred to in subrule (1), require the applicant to give security for any damages which may be caused by such order and may require such additional evidence as it may think fit.
An order made ex parte for the arrest tanquam suspectus de fuga of a person shall call upon the respondent to show cause against it at a time stated in the order, which shall be the first court day after service.
12 hours' notice to the applicant.
Unless otherwise ordered by a court, an order for the arrest tanquam suspectus de fuga of a person or the attachment of goods shall ipso facto be discharged upon security being given by the respondent to the sheriff for the amount to which the order relates, together with costs.
The security contemplated in subrule (6) may be given to abide the result of the action instituted or to be instituted; and may be assigned by the respondent to part only of the order and shall in that event operate to discharge the order as to that part only.
Any application to the court for an order of attachment of property under section 30bis of the Act may be made ex parte.
An affidavit contemplated in paragraph (a) shall be made by the applicant or, if thereto authorised, by someone on his or her behalf and shall state whether the deponent knows of his or her own knowledge the facts to which he or she deposes: Provided that where the facts are not known to the deponent of his or her own knowledge but are alleged to be true to the best of his or her information and belief, it shall be stated how the information was obtained or on what grounds he or she bases his or her belief.
Any application for an order in regard to service of any process in any action referred to in section 30bis of the Act may be combined with any application for attachment referred to in paragraph (a).
The court may, before granting an order of attachment of property under subrule (2) require the applicant to give security for any damages which may be caused by such order and may, in regard to any application under subrule (2), require such additional evidence as it may deem fit.
Any order of attachment under subrule (2) shall call upon the respondent to show cause at a time and on a date stated in the order why such order should not be confirmed.
The return date for an order of attachment under subrule (2) may be anticipated by the respondent upon 12 hours' notice to the applicant.
Where the respondent appears to show cause against an order of attachment under subrule (2), the court may order the applicant or deponent to the affidavit or the respondent to attend for examination or cross-examination and may confirm, discharge or vary such order on such terms as to costs as it may deem fit.
The minutes of any order referred to in this rule which are required for service or execution shall be prepared by the applicant and approved and signed by the registrar or clerk of the court and shall state that the return date may be anticipated by the respondent upon 12 hours' notice to the applicant and that the applicant may obtain release of his or her property upon security being given as hereinafter provided.
Upon receipt of the minutes of the order and of a copy of the affidavit on which it was made the sheriff shall proceed to attach the property specified therein.
Subject to paragraph (c), the rules relating to the powers and duties of the sheriff in regard to the method of attachment in execution against movable and immovable property shall, in so far as those rules are appropriate and can be applied, mutatis mutandis apply to an attachment of property under this rule.
Subject to any order of the court, the sheriff shall where movable property is attached under this rule, remove such property to a place of security or, if such property be inconvenient to remove, shall leave such property upon the premises in the charge and custody of some person acting on his or her behalf.
Any expense incurred in removing property attached under this rule to a place of security or for the storage of such property or in leaving such property in the charge or custody of some person acting on behalf of the sheriff, shall be borne by the applicant and shall, subject to any order of the court, be costs in the cause.
the terms of the order applied for.
released from attachment.
An order made for the attachment of property under subrule (1) shall ipso facto be discharged upon security being given by the respondent as provided in subrule (7).
interim access to any child.
An applicant for any relief contemplated in subrule (1) shall deliver a sworn statement setting out the relief claimed and the grounds therefor, together with a notice to the respondent which shall substantially correspond with Form 42 of Annexure 1.
A statement and notice contemplated in paragraph (a) shall be signed by the applicant or his or her legal practitioner, and contain an address for service and shall be served by the sheriff.
The respondent shall within 10 court days after receiving a statement and notice contemplated in subrule (2) deliver a sworn reply in the nature of a plea, signed and giving an address for service, in default of which he or she shall be ipso facto barred.
As soon as possible after subrule (3) has been complied with the registrar shall bring the matter before the court for summary hearing, on 10 court days' notice to the parties, unless the respondent is in default.
The court may hear such evidence as is considered necessary and may dismiss the application or make such order as it deems fit to ensure a just and expeditious decision.
The court may, on the same procedure, vary a decision referred to in subrule (5) in the event of a material change taking place in the circumstances of either party or a child, or the contribution towards costs proving inadequate.
No advocate appearing in a case under this rule shall charge a fee of more than R175, 00 if the claim is undefended or R250, 00 if it is defended, unless the court in an exceptional case otherwise directs.
No instructing attorney in cases under this rule shall charge a fee of more than R250, 00 if the claim is undefended or R375, 00 if it is defended, unless the court in an exceptional case otherwise directs.
The court may from time to time frame a list of persons who, having regard to the nature of the business of the court and to their ability and reputation, appear to be qualified and willing to act as assessors under section 34 of the Act upon reasonable notice and upon payment of the fees prescribed in Table D of Annexure 2.
Every person for the time being named in the list of qualified and willing assessors shall be an assessor for the purposes of this rule and shall continue to be an assessor until a new list has been framed or until he or she gives to the registrar or clerk of the court his or her resignation in writing.
Upon receipt of such resignation as an assessor the registrar or clerk of the court shall remove the name of such assessor from the list of qualified and willing assessors.
An assessor summoned to act as such in any action may not, without the leave of the court, resign during the trial of the action.
Nothing in this rule shall prevent the court from summoning, with the consent of all parties to the action, persons not on the list of qualified and willing assessors to act as assessors in any particular action.
The number and names of the assessors to sit in any case shall be decided by consent of the parties or, where they are unable to agree, by the court: Provided that not more than two assessors shall sit in any case.
A party who desires the trial to take place with assessors shall deliver notice of application for assessors, if he or she is the plaintiff, with the notice of trial, and if he or she is the defendant not more than 5 days after receiving notice of trial.
A notice contemplated in paragraph (a) shall contain either a consent by the other party or a notice setting down the application for hearing.
The party who desires a trial to take place with assessors shall, at the time of delivering the notice of application, deposit with the registrar or clerk of the court the amount prescribed in Table D of Annexure 2 for each assessor applied for and shall be liable for any further sum becoming due to the assessors for fees.
The fees and expenses of assessors shall, unless otherwise ordered by the court, be costs in the action.
If an application for a trial to take place with assessors is consented to or granted, the registrar or clerk of the court shall summon the assessors named in the consent or selected by the court by having a summons served upon each of them in the manner provided for the service of a summons commencing an action.
If at the time and place appointed for the trial either of the assessors summoned does not attend, the court may either proceed to try the action with the assistance of the assessor, if any, who is in attendance, or without assistance, if none attended, or may adjourn the trial.
Where a trial is postponed or adjourned due to the absence of an assessor, the party who applied for assessors shall, after the order for postponement or adjournment, pay to the registrar or clerk of the court, in addition to the deposit mentioned in subrule (6), the fees due up to the hour of postponement or adjournment to such assessors as have attended.
Where the payment required under subrule (9) is not made the court may stay the action until it be made or may continue the trial without the assistance of assessors or may make such order as it may deem fit.
Every assessor acting in a case shall be entitled to the fees set out in Table D of Annexure 2.
Except where otherwise provided in these rules, failure to comply with these rules or with any request made in pursuance thereof shall not be ground for the giving of judgment against the party in default.
Where any provision of these rules or any request made in pursuance of any such provision has not been fully complied with the court may on application order compliance therewith within a stated time.
Where any order made under subrule (2) is not fully complied with within the time so stated, the court may on application give judgment in the action against the party so in default or may adjourn the application and grant an extension of time for compliance with the order on such terms as to costs and otherwise as may be just.
The court may on an application under subrule (2) or (3) order such stay of proceedings as may be necessary.
Where there has been short service without leave, of any notice of set- down or notice of any application or of process of the court the court may, instead of dismissing such notice or process, adjourn the proceedings for a period equivalent, at the least, to the period of proper notice upon such terms as it may deem fit.
If the proceedings are adjourned in the absence of the party who received short service, due notice of the adjournment must be given to such party by the party responsible for the short service.
Subject to subrule (8) no process or notice shall be invalid by reason of any obvious error in spelling or in figures or of date.
If any party has in fact been misled by any error in any process or notice served upon him or her, the court may on application grant that party such relief as it may deem fit and may for that purpose set aside the process or notice and rescind any default judgment given thereon.
if such consent is refused, then by the court on application and on such terms as to costs and otherwise as it may deem fit.
60A. (1) A party to a cause in which an irregular step has been taken by any other party may apply to court to set it aside.
the application is delivered within 15 days after the expiry of the second period mentioned in sub-rule (2)(b).
If at the hearing of an application in terms of subrule (1) the court is of opinion that the proceeding or step is irregular or improper, it may set it aside in whole or in part, either as against all the parties or as against some of them, and grant leave to amend or make any such order as it deems fit.
Until a party has complied with any order of court made against him or her in terms of this rule, he or she shall not take any further step in the cause, save to apply for an extension of time within which to comply with such order.
Where it is necessary to give in evidence in the court any record, entry or document of the same court in another action, the registrar or clerk of the court shall, on reasonable notice, produce and show the original thereof, and the cost of copies shall not be allowed.
Where it is necessary to give in evidence in another court any record, entry or document of a court, a copy thereof certified by the registrar or clerk of the court may be given in evidence in that other court without production of the original.
A party entitled and desiring to demand security for costs from another shall, as soon as practicable after the commencement of proceedings, deliver a notice setting forth the grounds upon which such security is claimed, and the amount demanded.
If only the amount of security demanded under subrule (1) is contested the registrar or clerk of the court shall determine the amount to be given and his or her decision shall be final.
If a party from whom security is demanded under subrule (1) contests his or her liability to give security or fails or refuses to furnish security in the amount demanded or the amount fixed by the registrar or clerk within 10 days of the demand or the registrar's or clerk's decision, the other party may apply to court on notice for an order that such security be given and that the proceedings be stayed until such order is complied with.
The court may, if security demanded is not given within a reasonable time, dismiss any proceedings instituted or strike out any pleadings filed by the party in default, or make such other order as it deems fit.
Any security for costs shall, unless the court otherwise directs, or the parties otherwise agree, be given in the form, amount and manner directed by the registrar or clerk of the court.
The registrar or clerk of the court may, upon written request of the party in whose favour security is to be provided and on notice to interested parties, increase the amount thereof if he or she is satisfied that the amount originally furnished is no longer sufficient; and his or her decision shall be final.
(a) All documents filed with the court, other than exhibits or facsimiles thereof, shall be clearly and legibly printed or typewritten in permanent black or blue-black ink on one side only of paper of good quality and of A4 standard size.
A document shall be deemed to be typewritten if it is reproduced clearly and legibly on suitable paper by a duplicating, lithographic, photographic or any other method of reproduction.
Stated cases, affidavits, grounds of appeal and the like shall be divided into concise paragraphs which shall be consecutively numbered.
In defended actions or opposed applications the plaintiff or applicant, as the case may be, shall not later than 10 days prior to the hearing of the matter collate, and number consecutively, and suitably secure, all pages of the documents delivered and shall prepare and deliver a complete index thereof.
Every affidavit filed with the registrar or clerk of the court by or on behalf of a respondent shall, if he or she is represented, on the first page thereof bear the name and address of the attorney filing it.
The registrar or clerk of the court may reject any document which does not comply with the requirements of this rule.
Any person, with leave of the registrar or clerk of the court and on good cause shown, may examine and make copies of all documents in a court file at the office of the registrar or clerk of the court.
The process for securing the attendance of any person before the court to give evidence in any criminal case or to produce any books, papers or documents, shall be by subpoena prepared by the party desiring the attendance of that person and issued by the registrar or clerk of the court.
The original subpoena and so many copies thereof as there are witnesses to be subpoenaed, shall be delivered to the sheriff or other person authorised to serve subpoenas in the area where the witness is residing or to the person referred to in section 15(2) or (3) of the Act, as the case may be.
A copy of the subpoena shall be served upon the witness personally or at his or her residence or place of business or employment by delivering it to some person thereat who is apparently not less than 16 years of age and apparently residing or employed thereat.
If the person to be served with a subpoena keeps his residence or place of business closed and thus prevents the service of the subpoena, it shall be sufficient service to affix a copy thereof to the outer or principal door of such residence or place of business.
The person serving a witness subpoena shall, if required by the person upon whom it is served, exhibit to him or her the original.
The person serving a witness subpoena shall make a return of service by endorsing on the original or on a document attached thereto the manner in which the subpoena was served, and the original shall be returned to the registrar or clerk of the court out of whose office it was issued.
The registrar or clerk of the court shall keep a book to be styled the "criminal record book" in which he or she shall daily enter particulars of every criminal case coming before the court on that day.
1977, and the prosecutor subsequently withdraws the charge, it shall not be necessary to again enter particulars of such case in the criminal record book: Provided that if such particulars are not entered in the criminal record book a separate register shall be kept by the registrar or clerk of the court of all warrants issued in terms of the aforesaid sections and at each successive stage he or she shall enter therein particulars of the date of issue of the warrant, the case number, the name of the accused, the date upon which the warrant was forwarded to the police for execution, the fact that the case has been withdrawn and any other particulars that circumstances may require.
The charge sheet in a criminal case or, when the matter comes before the court by way of preparatory examination, the covering sheet, shall, when the matter first comes before the court, be numbered by him or her with a consecutive number for the year and the case shall then be entered in the criminal record book under that number.
any remarks (including the date and effect of any order of the High Court of South Africa varying the verdict or sentence on review or appeal).
The judicial officer presiding at a criminal hearing shall himself or herself record in the criminal record book any sentence imposed or other order of disposal made by him or her including acquittal, or other discharge, postponement of sentence, adjournment, remand to another court or committal for trial.
The plea and explanation or statement, if any, of the accused, the evidence orally given, any exception or objection taken in the course of the proceedings, the rulings and judgment of the court and any other portion of criminal proceedings, may be noted in shorthand (also in this rule referred to as "shorthand notes") either verbatim or in narrative form or recorded by mechanical means.
Every person employed for the taking of shorthand notes in terms of subrule (1) or for the transcription of notes so taken by another person shall be deemed to be an officer of the court and shall before entering on his or her duties in writing take an oath or make an affirmation before a judicial officer as provided in rule 30(5).
Shorthand notes taken in the course of criminal proceedings shall be certified as correct by the shorthand writer and filed with the record of the case by the registrar or clerk of the court.
Subject to the provisions of subrule (4) and rule 67(3), (8) and (10), no such shorthand notes shall be transcribed unless a judicial officer so directs.
The transcript of any shorthand notes transcribed under paragraph (b) shall be certified as correct by the person making such transcript and shall be filed with the record.
In any case in which no transcription was directed in terms of subrule (3), any person may, on notice to the registrar or clerk of the court, request a transcription of any shorthand note taken by virtue of a direction given under subrule (1) and shall, in respect of proceedings made by mechanical means, save in the case of the State, pay the full cost thereof as predetermined by agreement between the contractor concerned and the State for such transcript.
One copy of the transcript of such shorthand notes shall be supplied, free of charge, to the person at whose request the transcription was made.
The original copy of the transcript of any shorthand notes referred to in paragraph (a), shall be certified as correct by the person making such copy and shall be filed with the record of the case.
Subject to the provisions of subrule (6), any shorthand notes and any transcript thereof, certified as correct, shall be deemed to be correct and shall form part of the record of the proceedings in question.
The prosecutor or the accused may, not later than 10 days after judgment or where the proceedings have been taken down in shorthand or by mechanical means, within 10 days after the transcription thereof has been completed, apply to the court to correct any error in the record or the certified transcript thereof and the court may correct any such error.
Subject to subrule (4)(b), a copy of any transcript made simultaneously with the transcription of proceedings made by mechanical means may, upon application to the registrar or clerk of the court be supplied to any person upon payment, save in the case of the State, of the full cost thereof as predetermined by agreement between the contractor concerned and the State, in the case of a copy of a transcript referred to in subrules (3) and (4)(a).
Any reference in this rule to shorthand notes or to a transcription or transcript of such notes or to a copy of such transcript, or to a person employed for the taking of such notes, or to a person transcribing such notes, shall be construed as a reference to a record of proceedings made by mechanical means, to a transcription or transcript of such record, or to a copy of such transcript, to a person employed for the making of such mechanical record, or to a person transcribing such record as the case may be.
Where a magistrate or the court is satisfied that an accused is unable to pay the costs of obtaining a copy of any record or of any transcript thereof or is able to pay only part of such costs, such magistrate or court may, at the request of the accused, direct the registrar or clerk of the court to deliver a copy of such record or transcript to the accused free of charge or at such reduced charge as the magistrate or court may determine.
(a) An appellant, other than a person who applies orally for leave to appeal immediately after the passing of the sentence or order as contemplated in section 309B(3)(b) of the Criminal Procedure Act, 1977 who wishes to apply for leave to appeal in terms of section 309B(1) of that Act, shall do so in writing to the registrar or clerk of the court and shall also send a copy of the application to the director of public prosecutions concerned, or, in a case in which the prosecution was not at the public instance, to the prosecutor concerned.
An appellant who wishes to apply for condonation as contemplated in section 309B(1)(b)(ii) of the Criminal Procedure Act, 1977, or an appellant who wishes to apply for leave to adduce further evidence as contemplated in section 309B(5)(a) of that Act, shall do so in writing to the registrar or clerk of the court and shall also send a copy of the application to the director of public prosecutions concerned, or, in a case in which the prosecution was not at the public instance, to the prosecutor concerned.
Where an application for leave to appeal is made in writing, notice in terms of section 309B(2)(d) of the Criminal Procedure Act, 1977, shall be given by the registrar or clerk of the court at least 10 days before the date fixed for the hearing of the application for leave to appeal, unless the appellant or his or her legal representative and the director of public prosecutions or a person designated by him or her or in a case in which the prosecution was not at the public instance, the other prosecutor concerned have agreed to a shorter period, and shall correspond substantially to Form 57 of Annexure 1.
be sent by registered post.
A legal representative appearing on behalf of an appellant, shall simultaneously with the lodging of the application for leave to appeal lodge a power of attorney authorising him or her to act on behalf of the appellant, or if a legal representative is employed after an application for leave to appeal has been lodged, after such appointment.
An appellant shall state in the application for leave to appeal referred to in subrule (1) a postal address where any notice may be served on him or her by registered post if he or she is not represented by a legal representative or if he or she ceases to be represented by a legal representative.
If the appellant is unable, owing to illiteracy or physical defect, to write out an application for leave to appeal or notice of appeal, the clerk of the court shall, upon his or her request, do so.
his or her reasons for any ruling on any question of law or as to the admission or rejection of evidence so specified as appealed against.
(a) A person contemplated in the first proviso of section 309(1)(a) of the Criminal Procedure Act, 1977, who wishes to appeal against his or her conviction or sentence or order, shall do so in writing to the registrar or clerk of the court and shall also send a copy of such notice of appeal to the director of public prosecutions concerned or in a case in which the prosecution was not at the public instance, to the prosecutor concerned.
The notice of appeal contemplated in paragraph (a) shall set forth clearly and specifically the grounds upon which such person wishes to appeal.
The provisions of subrules (3) to (8) and (14) and (15) shall apply further with any changes required by the context.
The registrar or clerk of the court shall upon receipt of the judicial officer's statement contemplated in subrule (5) forthwith inform the appellant that the statement has been furnished.
Within 15 days after the appellant has been informed in terms of subrule (6), he or she may by notice to the registrar or clerk of the court amend his or her statement of grounds of appeal and the judicial officer may, in his or her discretion, within 10 days thereafter furnish to the registrar or clerk of the court a further or amended statement of his or her findings of fact and reasons for judgment.
When an appeal is noted in a case in which the prosecution was not at the public instance any amended statement provided for in subrule (7) shall be served by the appellant also upon the prosecutor.
A director of public prosecutions or other prosecutor desiring to appeal under section 310 of the Criminal Procedure Act, 1977, against the dismissal of a summons or charge shall, within 20 days after such dismissal, deliver a notice of appeal.
Upon an appeal being noted as provided in subrule (9) the registrar or clerk of the court shall prepare a copy of the record of the case, including a transcript thereof if it was recorded in accordance with the provisions of rule 66(1), and then place the record before the judicial officer who shall within 15 days thereafter furnish to the registrar or clerk of the court a statement in writing of his or her reasons for dismissing the summons or charge.
A director of public prosecutions or other prosecutor who contemplates an appeal under section 310 of the Criminal Procedure Act, 1977, shall, within 20 days after the conclusion of the criminal proceedings, in writing request the judicial officer to state a case.
Upon receipt of the request referred to in subrule (11), the registrar or clerk of the court shall prepare a copy of the record of the case, including a transcript thereof if it was recorded in accordance with the provisions of rule 66(1), and then place the record before the judicial officer who shall within 15 days thereafter furnish a stated case to the registrar or clerk of the court who shall transmit a copy thereof to the director of public prosecutions or other prosecutor, as the case may be.
The director of public prosecutions or other prosecutor may, within 15 days after the receipt by him or her of the stated case, deliver notice of appeal against the decision on questions of law.
Every notice of appeal, statement of grounds of appeal, judicial officer's statement and stated case filed of record with or furnished to the registrar or clerk of the court under this rule shall become part of the record.
or (10) or of the notice of appeal delivered in terms of subrule (13), as the case may be, transmit to the registrar of the court of appeal the record of the criminal proceedings or the stated case, together with three copies thereof.
When the prosecution is at the public instance he or she shall also transmit one such copy to the director of public prosecutions: Provided that if the appellant has not amended his or her statement of grounds of appeal as provided in subrule (7), the registrar or clerk of the court shall so transmit the record without delay after the period allowed for an amendment of the statement of grounds of appeal has lapsed.
the judicial officer's decision on such questions and his or her reasons therefor.
"I, (full name) do hereby swear/truly affirm that whenever I may be called upon to perform the functions of an interpreter in any proceedings in any magistrate's court I shall truly and correctly to the best of my knowledge and ability interpret from the language I may be called upon to interpret into an official language of the Republic of South Africa and vice versa."
Such oath or affirmation shall be taken or made or administered in the manner prescribed for the taking or making or administration of an oath or affirmation.
Subject to the provisions of paragraph (b), the rules published under Government Notice No. R. 1108 of 21 June 1968, as amended by Government Notices Nos. R. 3002of 25 July 1969, R. 490 of 26 March 1970, R. 947 of 2 June 1972, R. 1115 of 25 June 1974, R. 1285 of 19 July 1974, R. 689 of 23 April 1976, R. 261 of 25 February 1977, R. 2221 of 28 October 1977, R. 327 of 24 February 1978, R. 2222 of 10 November1978, R. 1449 of 29 June 1979, R. 1314 of 27 June 1980, R.
R. 1139 of 11 June 1982, R. 1689 of 29 July 1983, R. 1946 of 9 September 1983, R. 1338 of 29 June 1984, R. 1994 of 7 September 1984, R. 2083 of 21 September 1984, R. 391 of 7 March 1986, R. 2165 of 2 October 1987, R.1451 of 22 July 1988, R. 1765 of 26 August 1988, R. 211 of 10 February 1989, R. 607 of 31 March 1989, R. 2629 of 1 December 1989, R. 186 of 2 February 1990, R. 1887 of 8 August 1990, R. 1928 of 10 August 1990, R. 1990 of 17 August 1990, R. 1261 of 30 May 1991, R. 2407 of 27 September 1991, R. 2409 of 30 September 1991, R. 405 of 7 February 1992, R. 1510 of 29 May 1992, R. 1882 of 3 July 1992, R. 871 of 21 May 1993, R. 959 of 28 May 1993, R. 1134 of 25 June 1993, R. 1355 of 30 July 1993, R. 1844 of 1 October 1993, R. 2530 of 31 December 1993, R. 150 of 28 January 1994, R. 180 of 28 January 1994, R. 498 of 11 March 1994, R. 625 of 28 March 1994, R. 710 of 12 April 1994, R. 1062 of 28 June 1996, R. 1130 of 5 July 1996, R. 419 of 14 March 1997, R. 492 of 27 March 1997, R. 570 of 18 April 1997, R. 790 of 6 June 1997, R. 797 of 13 June 1997, R. 784 of 5 June 1998, R. 910 of 3 July 1998, R. 1025 of 7 August 1998, R. 1126 of 4 September 1998, R. 569 of 30 April 1999, R. 501 of 19 May 2000, R. 1087 of 26 October 2001, R. 37 of 18 January 2002, R.38 of 18 January 2002, R. 1299 of 18 October 2002, R. 228 of 20 February 2004, R. 295 of 5 March 2004, R. 880 of 23 July 2004, R. 1294 of 5 December 2008, R. 1341 of 12 December 2008, R. 1342 of 12 December 2008, R. 1344 of 12 December 2008, R. 515 of 8 May 2009, R. 517 of 8 May 2009, R. 499 of 11 June 2010 and R.
of 9 July 2010 are hereby repealed.
For a period of 12 months from the date upon which these rules come into operation the use of the forms contained in the First Annexure to the rules published under Government Notice No. R. 1108 dated 21 June 1968, as amended, and repealed by paragraph (a), may, with the necessary variations as circumstances may require, be continued.
These rules shall be called the Rules Regulating the Conduct of the Proceedings of the Magistrates' Courts of South Africa and shall commence on a date to be fixed by the Minister.
NUMERICAL LIST Form No.
Notice of Motion (Short Form). 1A. Notice of Motion (Long Form).
Summons. 2A. Summons: Provisional Sentence. 2B. Combined Summons.
Summons commencing action (in which is included an automatic rent interdict).
Edictal citation/substituted service: short form of process.
Request for default judgment. 5A. Request for default judgment where the defendant has admitted liability and undertook to pay the debt in instalments or otherwise - Section 57 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944).
1944 (Act No. 32 of 1944).
Notice of withdrawal.
Notice of application for summary judgment.
Affidavit in support of application for summary judgment.
Affidavit under section 32 of the Act.
Security under section 32 of the Act.
Order under section 32 of the Act.
Consent to sale of goods attached under section 32 of the Act.
Discovery - form of affidavit.
Notice in terms of rule 23(5).
Discovery - notice to produce.
15A. Discovery - notice to inspect documents.
15B. Discovery - notice to produce documents in pleadings, etc.
Order for interdict obtained ex parte.
Order for arrest of person suspectus de fuga.
Order for attachment of property to found or confirm jurisdiction.
Direction to attend pre-trial conference.
Order - Pre-trial conference.
Application for trial with assessors.
Summons to assessor.
Commissions de bene esse.
Warrant for payment of fine or arrest of witness in default.
Warrant for the arrest of a witness in default.
Security on arrest, attachment or interdict ex parte.
Security when execution is stayed pending appeal.
Security when execution is allowed pending appeal.
Warrant of ejectment.
Warrant for delivery of goods.
Warrant of execution against property.
Notice of attachment in execution.
Notice to preferent creditor [section 66(2) (a) of the Act].
Interpleader summons [section 69(1) of the Act].
Interpleader summons [section 69(2) of the Act].
Security under rule 38.
Emoluments attachment order.
Notice to appear in court in terms of section 65A(1) of the Act. 40A Warrant of arrest in terms of section 65A(6) of the Act.
Notice to appear in court in terms of section 65A(8) (b) of the Act.
Notice of set-down of postponed proceedings under section 65E(3) of the Act.
Notice in terms of rule 58(2)(a).
Notice to Third Party.
Application for an administration order under section 74(1) of the Act.
Certificate of service of foreign process.
Notice to debtor that an additional creditor has lodged a claim against him or her for a debt owing before the making of the administration order.
Notice to debtor that a creditor has lodged a claim for a debt owing after granting of the administration order.
Notice to add an additional creditor to the list of creditors of a person under administration.
Notice to creditor that his or her name has been added to the list of creditors of a person under administration.
Distribution account in terms of section 74J(5) of the Act. 52A. Rescission of an administration order.
Notice of abandonment of specified claim, exception or defence.
Agreement not to appeal.
Request to inspect record.
Criminal record book.
Notice in terms of section 309B(2)(d) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
annexed hereto will be used in support thereof. Kindly place the matter on the roll for hearing accordingly.
To the Registrar/Clerk of the above-named Court.
(here set forth the form of order prayed) and that the accompanying affidavit of will be used in support thereof.
TAKE NOTICE FURTHER that the applicant has appointed (here set forth an address referred to in rule 55(1)(e)) at which applicant will accept notice and service of all process in these proceedings.
TAKE NOTICE FURTHER that if you intend opposing this application you are required (a) to notify applicant or applicant's attorney in writing on or before the (b) and within 10 days after you have so given notice of your intention to oppose the application, to file your answering affidavits, if any; and further that you are required to appoint in such notification an address referred to in rule 55(1)(g) at which you will accept notice and service of all documents in these proceedings.
INFORM A.B., of (state sex and occupation) (hereinafter called the defendant), that C.D.
INFORM the defendant further that if defendant disputes the claim and wishes to defend the action he or she shall within days of the service upon him or her of this summons file with the registrar or clerk of this court at here set out the address of the registrar's office) notice of his or her intention to defend and serve a copy thereof on the plaintiff or plaintiff's attorney, which notice shall give an address referred to in rule 13(3) for the service upon the defendant of all notices and documents in the action.
INFORM the defendant further that if he or she fails to file and serve notice as aforesaid, judgment as claimed may be given against him or her without further notice to him or her.
And immediately thereafter serve on the defendant a copy of this summons and return the same to the registrar or clerk of the court with whatsoever you have done thereupon.
if defendant pays the said claim and costs within the said period judgment will not be given against defendant herein and he or she will save judgment charges.
if defendant admits the claim and wish to consent to judgment or wish to undertake to pay the claim in instalments or otherwise, defendant may approach the plaintiff or plaintiff's attorney.
Any person against whom a court has, in a civil case, given judgment or made any order who has not, within 10 days, satisfied in full such judgment or order may be called upon by notice in terms of section 65A(1) of the Act to appear on a specified date before the court in chambers to enable the court to inquire into the financial position of the judgment debtor and to make such order as the court may deem just and equitable.
the judgment debtor, director or officer has failed to remain in attendance at the proceedings or at the proceedings so postponed, the court may, at the request of the judgment creditor or his or her attorney, authorise the issue of a warrant directing a sheriff to arrest the said judgment debtor, director or officer and to bring him or her before a competent court to enable that court to conduct a financial inquiry.
wilfully fails to remain in attendance at the relevant proceedings or at the proceedings so postponed, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.
On appearing before the court on the date determined in the notice in terms of section 65A(1) or (8)(b) of the Act in pursuance of the arrest of the judgment debtor, director or officer under a warrant referred to in section 65A(6) of the Act or on any date to which the proceedings have been postponed, such judgment debtor, director or officer shall be called upon to give evidence on his or her financial position or that of the juristic person and his or her or its ability to pay the judgment debt.
Any person against whom a court has, in a civil case, given any judgment or made any order who has not satisfied in full such judgment or order and paid all costs for which he or she is liable in connection therewith shall, if he or she has changed his or her place of residence, business or employment, within 14 days from the date of every such change notify the clerk or register of the court who gave such judgment or made such order and the judgment creditor or his or her attorney fully and correctly in writing of his or her new place of residence, business or employment, and by his or her failure to do so such judgment debtor shall be guilty of an offence and liable upon conviction to a fine or imprisonment for a period not exceeding three months.
Consent to judgment.
consent to judgment accordingly.
Defendant *(3) Notice of intention to defend.
To the Registrar/Clerk of the Court. Kindly take notice that the defendant hereby notifies his or her intention to defend this action.
Facsimile (fax) number (where available) Electronic mail (e-mail) address (where available) (Give full address for acceptance of service of process or documents within 15 kilometres from the Court-house and also the postal address.
The original notice must be filed with the registrar or clerk of the court and a copy thereof served on the plaintiff or plaintiff's attorney.
If you deny liability for the claim, you shall not later than the day of 20 file an affidavit with the registrar or clerk of this court, and serve a copy thereof on the plaintiff or [his] plaintiff's attorney at the address indicated for service on the summons, which affidavit shall set forth the grounds of your defence to the said claim, and in particular state whether you admit or deny your or your agent's signature which appears on the said and if it is your agent's signature whether you admit or deny the signature or authority of your agent.
You are further informed that in the event of your not paying the amount and interest above-mentioned to the plaintiff immediately and if you further fail to file an affidavit as aforesaid, and to appear before this court at the time above stated, provisional sentence may be granted against you with costs, but that against payment of the said amount, interest and costs, you will be entitled to demand security for the restitution thereof if the said sentence should thereafter be reversed.
if you admit the claim and wish to consent to judgment, you may file with the registrar or clerk of the court an admission of liability signed by yourself and witnessed by your attorney, or otherwise verified by affidavit, and if you wish to undertake to pay the claim in instalments or otherwise, you may approach the plaintiff or plaintiff's attorney.
wilfully fails to remain in attendance at the proceedings or at the proceedings so postponed, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.
Kindly take notice that the defendant is liable to the plaintiff as claimed in this summons.
To: THE REGISTRAR/CLERK OF THE COURT Kindly take notice that the defendant denies liability and that defendant's affidavit setting forth the grounds upon which defendant disputes liability is attached hereto.
The original notice and affidavit must be filed with the registrar or clerk of the court and a copy thereof served on the plaintiff or plaintiff's attorney. No.
Defendant To the sheriff or his/her deputy: INFORM A.B., of state sex and occupation) (hereinafter called the defendant), that C.D., of state sex and occupation) hereinafter called the plaintiff), hereby institutes action against defendant in which action the plaintiff claims the relief and on the grounds set out in the particulars annexed hereto.
thereafter, and within 20 days after filing and serving notice of intention to defend as aforesaid, file with the registrar or clerk of the court and serve upon the plaintiff or plaintiff's attorney a plea, exception, notice to strike out, with or without a counter-claim.
INFORM the defendant further that if defendant fails to file and serve notice as aforesaid judgment as claimed may be given against him or her without further notice to him or her, or if, having filed and served such notice, defendant fails to plead, except, make application to strike out or counter-claim, judgment may be given against him or her.
serve on the defendant a copy of this summons and return the same to the registrar or clerk of the court with whatsoever you have done thereupon.
Notice of intention to defend. To the Registrar/Clerk of the Court. Kindly take notice that the defendant hereby notifies his or her intention to defend this action.
(Give full address for acceptance of service of process or documents within fifteen kilometres from the Court-house and also the postal address.
Issued by Case No.
Signature of plaintiff or plaintiff's attorney In the Magistrate's Court for the District/Region ofand Defendant To:.
Registrar/Clerk of the aforesaid Court and also the plaintiff or plaintiff's attorney, at the address specified herein, a notice in writing of your intention to defend this action and answer the claim of the plaintiff herein, particulars whereof are endorsed hereunder.
if you pay the said claim and costs within the said period judgment will not be given against you herein and you will save judgment charges.
if you admit the claim and wish to consent to judgment or wish to undertake to pay the claim in instalments or otherwise, you may approach the plaintiff or plaintiff's attorney.
And further take notice that you, the defendant, and all other persons are hereby interdicted from removing or causing or suffering to be removed any of the furniture or effects in or on the premises described in the particulars of claim endorsed hereon which are subject to the plaintiffs hypothec for rent until an order relative thereto shall have been made by the court.
the court may, at the request of the judgment creditor or his or her attorney, authorise the issue of a warrant directing a sheriff to arrest the judgment debtor, director or officer and to bring him or her before a competent court to enable that court to conduct a financial inquiry.
Any person against whom a court has, in a civil case, given any judgment or made any order who has not satisfied in full such judgment or order and paid all costs for which he or she is liable in connection therewith shall, if he or she has changed his or her place of residence, business or employment, within 14 days from the date of every such change notify the registrar or clerk of the court who gave such judgment or made such order and the judgment creditor or his or her attorney fully and correctly in writing of his or her new place of residence, business or employment, and by his or her failure to do so such judgment debtor shall be guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding three months. [Section 109 of the Act.
Particulars of claim.
for arrears of rent due in respect of the defendant's tenancy of and for confirmation of the interdict appearing in this summons.
for ejectment.
I admit that I am liable to the plaintiff as claimed in this summons (or in the amount of R and costs to date) and I consent to judgment accordingly.
(3) Notice of intention to defend.
To the Registrar or Clerk of the Court.
Kindly take notice that the defendant hereby gives notice of defendant's intention to defend this action.
The original notice must be filed with the registrar or clerk of the court and a copy thereof served on the plaintiff or plaintiff's attorney. No.
TAKE NOTICE FURTHER that if you fail to give such notice, judgment may be granted against you without further reference to you.
Registrar/Clerk of the Court No.
the defendant not having entered an appearance to defend, judgment be given against the defendant, as claimed in the summons for R (state particulars if judgment is applied for something less than that claimed in the summons), together with interest at per cent.
No. 5A -Request for Judgment where the defendant has admitted liability and undertook to pay the debt in instalments or otherwise - Section 57 of the Magistrates' Court Act, 1944 (Act No.
plus further interest at per cent per annum as from the date of judgment to the date of payment, and that payment thereof take place in accordance with defendant's offer.
A copy of the letter of demand sent to the defendant in terms of section 56 of the Magistrates' Courts Act, 1944.
The defendant's written acknowledgment of liability towards the plaintiff for the amount of the debt and costs claimed (or for any other amount) and his/her offer.
A copy of the plaintiff's or plaintiff's attorney's written acceptance of the offer.
An affidavit (or affirmation) by the plaintiff/a certificate by the plaintiff's attorney in terms of section 57(2)(c) of the Magistrates' Courts Act, 1944.
Judgment noted on the . day of .. 20 in favour of the plaintiff for the amount of R and the amount of R costs. The defendant is further ordered to pay the said judgment and costs in monthly/weekly instalments of R The first instalment must be paid on or before and thereafter on or before the day of every succeeding month/week until the outstanding balance of the judgment debt and costs has been paid in full.
No. 5B -Request for Judgment where the defendant has consented to judgment - Section 58 of the Magistrates' Court Act, 1944 (Act No.
and that payment thereof takes place in accordance with defendant's consent.
The defendant's written consent to judgment and costs.
Judgment noted on the. day of 20 in favour of the plaintiff for the amount of R and the amount of R costs for which the defendant has consented to judgment.
The defendant is further ordered to pay the said judgment and costs in monthly/weekly instalments of R The first instalment must be paid on or before and thereafter on or before the day of every succeeding month/week until the outstanding balance of the judgment debt and costs has been paid in full.
The plaintiff hereby withdraws the above-mentioned action and consents to pay the defendant's taxed costs.
Take notice that application will be made to the above-mentioned court on the day of ,20 , at (time), for summary judgment against the respondent in this action for R and costs; And further take notice that the document on which the claim is based or the affidavit of (copy served herewith) will be used in support of such application and that respondent may reply thereto by affidavit.
In the Magistrate's Court for the District/Region of held at.
I am the plaintiff in this action (or the facts herein stated are within my own knowledge and I am duly authorised to make this affidavit).
The defendant is indebted to me/to the plaintiff in the sum of R on the grounds stated in the summons.
I verily believe that the defendant has not a bona fide defence to the claim and that appearance has been entered solely for purposes of delay.
The deponent has acknowledged that he/she knows and understands the contents of this affidavit.
Signed and sworn to before me at on this day of.
Office held if appointment is held ex officio. No.
I am the landlord (or the agent of the landlord) of premises situate (describe the premises).
The said rent was demanded from the said on the day of , 20. but has not yet been paid.
I believe that the said is about to remove certain movables, now upon the said premises, from such premises in order to avoid payment of the said rent.
The deponent has acknowledged that he or she knows and understands the contents of this affidavit.
Whereas (landlord) has applied for the issue of an order to attach the movable property upon (describe the leased premises) for the sum of R. for rent due by of (name tenant) and R for costs; Now, therefore, the said and of (name the surety) as surety and co-principal debtor for the said hereby bind themselves jointly and severally that the said and or either of them shall pay to the said ..or whom else it may concern all damages, costs and charges which he or she or they may sustain by reason of the attachment of the said movable property in case the said attachment is set aside.
Signed and dated at this .. day of , 20 in the presence of the undersigned witnesses.
In the Magistrate's Court for the District/Region of held at . Case No of 20 In the matter between.
Respondent It is ordered: That the sheriff of the court do attach so much of the (describe the movables) in the (house, store, as the case may be) situate at (describe the premises) as shall be sufficient to satisfy the sum of R rent and R costs.
Further, should the respondent wish to show cause why the order of attachment should not be confirmed, he shall appear before this court on the . day of 20 , at (time) for that purpose.
The aforesaid date may be anticipated by the respondent upon 12 hours' notice to the applicant.
Upon security being given to the satisfaction of the sheriff of the aforesaid court for the amount of the applicant's claim and the costs of the application for attachment, the aforesaid property shall be released from attachment and upon such security being given the order for attachment shall ipso facto be discharged.
Respondent To the Registrar/Clerk of the Court. I, , of , the above-mentioned respondent, hereby admit that the property attached in the above matter is subject to a hypothec to the above applicant to the extent of R and I consent to the sale of the said property in satisfaction of the said amount of R plus costs and sheriff's charges.
Respondent.
I have in my possession or power the documents or recordings relating to the matters in question in this cause set forth in the first and second parts of the First Schedule hereto.
I object to produce the said documents or recordings set forth in the second part of the said schedule hereto.
I do so for the reason that (here state upon what grounds the objection is made, and verify the fact as far as may be).
I have had, but have not now in my possession or power, the documents or recordings relating to the matters in question in this action, set forth in the Second Schedule hereto.
The last-mentioned documents or recordings were last in my possession or power (state when).
The (here state what has become of the last-mentioned documents and recordings, and in whose possession they are now).
According to the best of my knowledge and belief, I have not now, and never had in my possession, custody, or power, or in the possession, custody or power of my attorney, or agent, or any other person on my behalf, any document or recording, or copy of, or extract from any document or recording, relating to any matters in question in this cause, other than the documents or recordings set forth in the First and Second Schedules hereto.
Defendant/Plaintiff No.
HELD AT In the matter between: AB And CD Plaintiff Defendant Case No.
In such statement you must specify in detail which documents or recordings are still in your possession. If you no longer have any such documents or recordings which were previously in your possession you must state in whose possession they now are.
If you fail to deliver the statement within the time aforesaid, application will be made to court for an order compelling you to do so and directing you to pay the costs of such application.
TAKE NOTICE that the (plaintiff or defendant) requires you to produce within five days for his or her inspection the following documents or recordings referred to in your affidavit, dated the. day of 20 (Describe documents or recordings required) DATED at this. day of .20 Attorney for . (Address) To: Attorney for the (Address) No.
TAKE NOTICE that you may inspect the documents or recordings mentioned in your notice of the day of .20 , at my office, or at and between the hours of and on the following days.
That the (plaintiff or defendant) objects to giving you inspection of the documents or recordings mentioned in your notice of the day of..
Attorney for.
TAKE NOTICE that the plaintiff (or defendant) requires you to produce for his or her inspection the following documents or recordings referred to in your (declaration or plea, or affidavit).
In the Magistrate's Court for the District/Region of held at..
That a rule nisi be and is hereby granted calling upon (respondent) of (address) to show cause to this court on the day of , 20 at (time), or so soon thereafter as the matter can be heard, why shall not be interdicted from set out the acts from which respondent or any other person is restrained) pending the decision of an action to be brought by the applicant against the said (respondent) for (set out the nature of the claim).
That the said action be instituted within days.
That this rule operate as an interim interdict.
In the Magistrate's Court for the District/Region of held at .. Case No .. of 20 In the matter between.
That the sheriff of the court take (respondent) in custody and have him or her before this court on the first court day after service of this order at (time), to show cause why he/she should not be detained to abide the judgment of this court in an action for a sum of R to be instituted against him/her by the applicant.
Upon security being given to the satisfaction of the sheriff of the aforesaid court for the amount of the applicant's claim and the costs of the application for attachment, the aforesaid respondent shall be released from attachment and upon such security being given the order for attachment shall ipso facto be discharged.
That the said action be instituted within 48 hours from the date of this order.
To the Officer-in-Charge of the . Prison.
In terms of section 16 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), you are hereby commanded to take into your custody the body of and keep him/her there safely until the day of 20 or until he/she shall be otherwise legally liberated.
Sheriff of the Court.
In the matter between.
(state full particulars of property and where situate) to found or confirm jurisdiction of the said court in an action by against of (address of respondent) for (set out particulars of claim); And for so doing this shall be your warrant.
Further, should the respondent wish to show cause why the order of attachment should not be confirmed, respondent shall appear before this court on the day of , 20 at (time), for that purpose.
Applicant/Applicant's Attorney Address: Dated at this day of ,20 Sheriff No.
Defendant [Direction in terms of section 54(1) of the Magistrates' Courts Act, 1944 (Act 32 of 1944.)]. To the Plaintiff's Attorney/the Defendant's Attorney.
Registrar/Clerk of the Court.
In the Magistrate's Court for the District/Region of held at Case No of 20 In the matter between.
Defendant [Order in terms of section 54(2) of the Magistrates' Courts Act, 1944 (Act 32 of 1944)]. To the Plaintiff's Attorney/the Defendant's Attorney.
To: Plaintiff's Attorney.
To: Defendant's Attorney.
In the Magistrate's Court for the District/Region of held at Case No of 20 In the matter between . Plaintiff and Defendant The plaintiff/defendant hereby applies to have the above action tried with assessors.
The defendant/plaintiff consents to such application, but the parties are unable to agree upon the names of assessors.
The defendant/plaintiff objects to such application. Wherefore the plaintiff/defendant has set down this application for hearing on the. day of ,20 at (time) Plaintiff/Defendant or Plaintiff's/Defendant's Attorney To: The Registrar/Clerk of the Court.
Registrar/Clerk of the Court No. 22 -Summons to Assessor In the Magistrate's Court for the District/Region of held at..
You are hereby summoned to attend and serve as an assessor in this court on the day of , 20 at (time), to assist the court . in the above action in accordance with the provisions of section 34 of the Magistrates' Courts Act, 1944 (Act 32 of 1944).
Registrar/Clerk of the Court To:.
Defendant To:.
Under and by virtue of the authority vested in me by section 53 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), I do hereby commit to you full power and authority as a Commissioner of this court to examine of (and such other witnesses as either of the parties to this suit may desire to call) and to take the evidence on oath of the said witness(es) in the above suit now pending in this court.
Magistrate No. 24 -Subpoena In the Magistrate's Court for the District/Region of held at..
in the above-mentioned action to give evidence or to produce books, papers or documents on behalf of the (Where documents are required to be produced, add:) and to bring with each one of them and then produce to the court the several books, papers or documents specified in the list hereunder.
Defendant To the sheriff and to the officer in charge of the Prison.
And this is to command you, the said officer in charge of the Prison, to receive and safely keep the said as aforesaid.
This is therefore to authorise and require you to arrest the said and bring him or her before this court on the day of 20 at (time), then and there to give evidence and to be otherwise dealt with according to law.
You are hereby commanded to receive the said and to keep him or her safely until such time as he or she shall be removed to have him or her before the court in accordance with the first part of this warrant or until he or she shall be otherwise lawfully discharged.
Now, therefore, the said . binds himself or herself to satisfy any lawful claim by the said against the said.
And of hereby binds himself or_herself as surety for and co-principal debtor with the said in a sum not exceeding the said sum of R for the due fulfilment by the said of the obligation hereby undertaken by him or her.
Signed at.
Whereas the said on the day of , 20 obtained judgment in this court against the said for the sum of R together with a sum of R for costs; And whereas the said has applied to the court for a stay of execution pending appeal/review proceedings and the court has directed that execution be stayed accordingly subject to the said giving security within days; Now, therefore, the said and. of ..as surety and co-principal debtor for the said hereby bind themselves jointly and severally to satisfy the said judgment and any further liability which may arise by way of damages or otherwise by reason of such suspension, so far as such judgment may not be reversed or varied on appeal/review; and further severally (insert any further terms required).
Judgment Debtor Whereas the said on the day of , 20 obtained judgment in this court against the said for the sum of R together with a sum of R for costs; And whereas the said court, notwithstanding that the said has noted an appeal against the judgment, has directed the judgment to be carried into execution upon security being given for restitution; Now, therefore, the said and of as surety and co-principal debtor for the said . hereby bind themselves jointly and severally to refund the above sums of R and R . should the judgment of the said court be reversed and further severally (insert any further terms required).
In the Magistrate's Court for the District/Region of held at Case No of 20 In the matter between Plaintiff and Defendant To the Sheriff.
By Order of the Court.
Plaintiff/Plaintiff's Attorney.
Plaintiff and Defendant To the Sheriff.
And return to this court what you have done by virtue hereof. Dated this day of ,20 , By Order of the Court.
Execution Debtor To the Sheriff. Amounts to be levied (with costs execution) Whereas in this action the said Of on the day of , 20 obtained judgment in the abovementioned court against the said of for the several sums set out in the margin hereof amounting in all to the sum of R , of which R has since been paid; This is therefore to authorize and require you to raise on the property of the said the sum of R together with your costs of this execution and pay to the said the aforesaid sum of R and return to this court what you have done by virtue hereof.
SUBTOTAL Less amount paid since judgment TOTAL DUE Dated at , this day of 20 By Order of the Court.
Note.-(1) If the execution debtor pays the amounts specified in the margin hereof with sheriffs charges of R within half an hour of the entry of the sheriff he or she will not be required to pay any further costs of execution. The amount of any payment made by the execution debtor and the date thereof shall be endorsed on the original and copy hereof, which endorsement shall be signed by the sheriff and countersigned by the execution debtor or execution debtor's representative.
This execution may be paid out before sale, subject to the payment of the sheriff's fees and charges of execution, which may be required to be taxed.
The only immovable property upon which this warrant may be executed is (set out its situation and nature sufficiently to enable it to be identified).
In case of reissue the fact and date of reissue and any increase or reduction in the amounts to be levied shown on the face hereof shall be set out in a note endorsed hereon and signed by the execution creditor or execution creditor's attorney and by the registrar or clerk of the court.
Any alterations made herein shall be initialled by the registrar or clerk of the court before the warrant is issued or reissued by him or her. No. 33 -Notice of Attachment in Execution In the Magistrate's Court for the District/Region of held at Case No of 20 In the matter between Execution Creditor and Execution Debtor To: Execution Debtor.
Take notice that I have this day laid under judicial attachment the property comprised in the above inventory in pursuance of a warrant directed to me under the hand of the registrar or clerk of the court for the district or region of , whereby I am required to cause to be raised of your property in this district or region the sum of R and R costs recovered against you by the judgment of the said court in this action and my charges in respect of the said warrant.
Whereas the undermentioned immovable property was laid under judicial attachment by the Sheriff on the day of 20 you are hereby notified that it will be sold in execution in front of the Court-house at on the.
To: (Execution Creditor.
You are hereby summoned to appear before this court on the day of , 20 , at (time), to have it determined and declared whether certain movable property, namely .., attached on the day of , 20 by the sheriff by virtue of a warrant of execution issued by this court on the. day of , 20 , in the action in which you, the said obtained judgment for the sum of R.
the proceeds of property, namely attached on the day of , 20 by the sheriff by virtue of a warrant of execution issued out of this court on the day of , 20 , in the action in which the execution creditor obtained judgment for the sum of R . against of (execution debtor) and which property was sold in execution on the day of , 20 , adjudicated upon.
To the Sheriff of the Court.
Whereas. of has interpleaded in this court as to (state subject matter) which is adversely claimed by of and.
Summon the said claimants that they appear before the above-mentioned court on the day of 20 , at (time), and that they do then severally state the nature and particulars of their several claims and whether they will maintain or relinquish the same.
Registrar/Clerk of the Court. No. 37 -Security under Rule 38 In the Magistrate's Court for the District/Region of held at.
20 in the sum of R. together with the sum of R. for costs; And whereas under the said judgment execution has been issued and property/a debt/emoluments has/have been attached; Now therefore the said execution creditor binds himself or herself to the sheriff of the aforesaid court that if the attachment be hereafter set aside, he or she will satisfy any lawful claim against him or her by the said execution debtor for damages suffered by the said execution debtor by reason of the said attachment; And of binds himself or herself_as surety and co-principal debtor in a sum not exceeding R for the due fulfilment by the said execution creditor of the obligation undertaken by him or her.
NOTE. Where the security is for the repayment of moneys attached by a garnishee order, a similar form should be used, the words 'refund the gross amount paid by the garnishee' being substituted for the words 'satisfy any lawful claim against him or her by the said execution debtor for damages suffered by the said execution debtor by reason of the said attachment'.
YOUR ATTENTION IS DIRECTED to section 65J(3) of the Magistrates' Courts Act, 1944 (read with section 3(1) of the Sheriffs Act, 1986), which provides that only a sheriff may serve this order on a garnishee in the manner prescribed by rule 9 of the Magistrates' Courts Rules. Service of this order by a person who is not a sheriff appointed in terms of section 2 of the Sheriffs Act, 1986, constitutes a criminal offence in terms of section 60(1)(gA) of the Sheriffs Act, 1986, and renders such service invalid and of no effect. A person who is convicted of an offence in terms of section 60(1)(gA) of the Sheriffs Act, 1986, shall be liable to a fine or to imprisonment for a period not exceeding three years or both such fine and such imprisonment.
"If, after the service of such an emoluments attachment order on the garnishee, it is shown that the judgment debtor, after satisfaction of the emoluments attachment order, will not have sufficient means for his or her own and his or her dependants' maintenance, the court shall rescind the emoluments attachment order or amend it in such a way that it will affect only the balance of the emoluments of the judgment debtor over and above such sufficient means.".
Garnishee.
That the garnishee pay to the judgment creditor or his or her attorney on the day of each and every month/week after this order has been granted the sum of R of the emoluments of the said judgment debtor until a sufficient amount has been paid to satisfy a judgment or order obtained against the judgment debtor by the judgment creditor in the Court at . on the day of with costs amounting to RDated at this day ofBy Order of the Court, for the amount of R and the costs of attachme , 20 (on which judgment or order the amount of R remains unpaid) nt amounting to R as well as R sheriff's fees.
Judgment Creditor/Attorney for Judgment Creditor.
Address of Judgment Creditor/Attorney for Judgment Creditor.
"Any garnishee may, in respect of the services rendered by him or her in terms of an emoluments attachment order, recover from the judgment creditor a commission of up to 5 per cent of all amounts deducted by him or her from the judgment debtor's emoluments by deducting such commission from the amount payable to the judgment creditor." No.
Address of garnishee.
that the garnishee pay to the judgment creditor or judgment creditor's attorney so much of the debt as may be sufficient to satisfy a judgment or order obtained against the judgment debtor by the judgment creditor in the Court at on the day of 20 for the amount of R (on which judgment or order the amount of R. remains due and unpaid) and the costs of the proceedings of attachment amounting to R as well as R sheriff's fees.
If the garnishee fails to pay the judgment creditor or his or her attorney as aforesaid, he shall appear before this Court on the day ofDated at thisBy Order of the Court, 20 day of at (time) , 20 to show cause why he or she should not pay the same.
No. 40 -Notice to Appear in court in terms of section 65A(1) of the Magistrates' Courts Act, 1944 (Act No.
(If the judgment debtor is a juristic person it must be indicated that the responsible person is summoned in his or her personal capacity and in his or her capacity as the representative of the juristic person.
You are hereby required to appear before abovementioned court on 20 at.
R (b) the order of the said court of.
that you have failed to remain in attendance at the proceedings or at the proceedings so postponed, the court may, at the request of the judgment creditor or his or her attorney, authorise the issue of a warrant directing a sheriff to arrest you and to bring you before a competent court to enable that court to conduct a financial inquiry.
wilfully fails to remain in attendance at the proceedings or at the proceedings so postponed, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months.
No. 40A -Warrant of Arrest in terms of section 65A(6) of the Magistrates' Courts Act, 1944 (Act No.
In the Magistrate's Court for the District/Region of held at Case No of 20.
failed to remain present at proceedings in the court at on 20.
and to bring him or her as soon as is reasonably possible before the court within the district in which he or she was arrested. If it is not possible to bring him or her before the said court, he or she may be detained at any police station pending his or her appearance before that court.
Delete that which is not applicable.
No. 40B -Notice to Appear in Court in terms of section 65A(8)(b) of the Magistrates' Courts Act, 1944 (Act No.
Judgment Creditor and Judgment Debtor To:.
into your/the juristic person's financial position in terms of section 65D of the Act. Notice: Should you wilfully fail to appear before the said court on the said date and at the said time, or fail to remain present at the proceedings concerned, you will be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three months. [Section 65A(9) of the Act] Dated at this day of 20 Sheriff of CERTIFICATE I, Sheriff/Deputy Sheriff of hereby certify that I have handed the original of this notice to and that I have explained to him or her the import hereof. Sheriff of Duplicate original to the Registrar/Clerk of the Court No.
In the Magistrate's Court for the District/Region of held at . Case No of 20.
Take notice that the proceedings against you, the above-mentioned Judgment Debtor, which were postponed on the day of 20 , in terms of section 65E(1) of the Magistrates' Courts Act, 1944, have again been placed on the roll of the abovementioned Court. You are, therefore, hereby, in terms of section 65E(3) of the said Act, directed to appear before the abovementioned Court on the day of 20 at (time).
TAKE NOTICE that if you intend to defend this claim you must within 10 court days file a reply with the registrar of this court, giving an address for service referred to in Rule 55(1)(g)(i) and serve a copy thereof on the applicant or his or her legal practitioner. Should you not comply with the above, you will then be automatically barred from defending and judgment may be given against you as claimed. Your reply must indicate what allegations in the applicant's statement you admit or deny, and must concisely set out your defence.
DATED at this.
Third Party TO THE ABOVE-NAMED THIRD PARTY: TAKE NOTICE that the above-named plaintiff has commenced proceedings against the above-named defendant for the relief set forth in the summons, a copy of which is herewith served upon you. The above-named defendant claims a contribution or indemnification (or such other grounds as may be sufficient to justify a third-party notice) on the grounds set forth in the annexure hereto. If you dispute those grounds or if you dispute the claim of the plaintiff against the defendant you must give notice of your intention to defend, within days. Such notice must be in writing and filed with the registrar and a copy thereof served on the above-named defendant at the address set out at the foot of this notice. It must give an address referred to in rule 13(3) for the service upon you of notices and documents in the action. Within 20 days of your giving such notice you must file a plea to the plaintiff's claim against the defendant or a plea to the defendant's claim against you, or both such pleas.
No. 44 -Application for an Administration Order -Section 74(1) of the Magistrates' Courts Act, 1944 (Act No.
In the Magistrate's Court for the District/Region of held at Case No of 20 APPLICATION FOR AN ADMINISTRATION ORDER BY . (Full names and surname) To 1.
Take notice that I shall apply to the above-mentioned Court on the day of 20 at (time) to make an order providing for the administration of my estate under the provisions of section 74 of the Magistrates' Courts Act, 1944. A full statement of my affairs confirmed by an affidavit in support of this application is attached. Dated at this day of 20 Applicant.
NOTE.-Section 74A (5) of the Magistrates' Courts Act, 1944, provides that the applicant shall deliver to each of his or her creditors at least 3 days before the date appointed for the hearing, personally or by registered post a copy of this application and statement of affairs (Form 45) on which shall appear the case number under which this application was filed.
No. 45 -Statement of Affairs of Debtor in an Application for an Administration Order - Section 651(2) or 74A of the Magistrates' Courts Act, 1944 (Act No.
Full particulars, supported by statements and copies of the agreements, of goods purchased under hire-purchase agreements in terms of the Hire-Purchase Act, 1942 (Act No. 36 of 1942), or credit agreements in terms of the Credit Agreements Act, 1980 (Act No. 75 of 1980) or the National Credit Act, 2005 (Act No.
Full particulars of assets purchased under a written agreement (excluding an agreement referred to in item 11) which are not paid for in full.
I am the applicant.
A judgment/judgments has/have been obtained against me and I am unable forthwith to pay the amount(s), or to meet my financial obligations.
I have no sufficient assets capable of attachment to satisfy such judgment(s) or obligations.
The total amount of all my debts due does not exceed R50 000.
All particulars contained in this statement and in the list of creditors in the Annexure to this statement, as well as the amounts due to them separately, are, to the best of my knowledge, true and correct and that the statement contains all particulars, assets, income and debts of me and my spouse, including my obligations.
Do you know and understand the contents of the above declaration?
Do you consider the prescribed oath to be binding on your conscience?
I certify that the Deponent has acknowledged that he/she knows and understands the contents of this declaration which was sworn to before me and the Deponent's signature was placed thereon in my presence.
Designation if appointment is held ex officio.
monthly Court Case number If court order is granted in respect of claim, full particulars about.
Attention is directed to the provisions of section 74A (2)(e) of the Magistrates' Courts Act, 1944.
obligations which are payable in future in periodical payments or otherwise or which will become payable under a maintenance order, agreement, stop order or otherwise, and in which the nature of such periodical payments is specified in each case or when the obligations will be payable and how they are then to be paid, the balance owing in each case and when, in each case, the obligation will terminate.
I also certify that the service so proved and the proof thereof are such as are required by the practice and rules of the magistrates' courts.
No. 47 -Notice to Debtor that an Additional Creditor has lodged a claim against him or her for a debt owing before the making of the Administration Order - Section 74G(2) of the Magistrates' Courts Act, 1944 (Act No.
Kindly notify me in writing whether you admit or dispute this claim on or before the day of 20 Please note that if you admit the claim or no reply is received from you on or before the said date, this claim shall be deemed to be proved, subject to the right of any other creditor who has not received notice of the claim to object to the debt, and shall be added to the list of names of your creditors who share pro rata in the payments made by you in terms of the Administration Order.
No. 48 -Notice to Debtor that a Creditor has lodged a claim for a debt owing after granting of the Administration Order - Section 74H(1) of the Magistrates' Courts Act, 1944 (Act No.
Kindly notify me in writing on or before the day of 20 whether you admit or dispute this claim. Please note that if you admit the claim, or no reply is received from you on or before the said date, this claim shall be deemed to be proved, subject to the right of any other creditor who has not received notice of the claim to object to the debt, and shall be added to the list of names of your creditors who share pro rata in the payments made by you in terms of the Administration Order.
No. 49 -Notice to add an Additional Creditor to the list of Creditors of a Person Under Administration - Section 74G(3) and 74H(2) of the Magistrates' Courts Act, 1944 (Act No.
In the Magistrate's Court for the District/Region of Administrator held at.
No. 50 - Notice to Creditor that his or her name has been added to the List of Creditors of a Person Under Administration - Section 74G(3) and 74H(2) of the Magistrates' Court Act, 1944 (Act No.
The above-mentioned Debtor admitted or did not dispute your claim against him/her for the amount of R and your name and the amount due to you have been added to the list of creditors sharing pro rata in payments in terms of the Administration Order. Kindly note that other creditors may still object against the debt so listed. In this event, you will be notified.
A copy of the Administration Order issued against the debtor on the day of 20 in the Magistrate's Court at is attached/has already been received by you.
No. 51 - Administration Order - Section 74(1) of the Magistrates' Courts Act, 1944 (Act No.
for the issue of an Emoluments Attachment Order under section 65J of the Magistrates' Courts Act, 1944, against the Applicant's employer for payment to the Administrator of the said amount on or before the said times until the costs of administration and the creditors have been paid in full.
that the Applicant pays the amount of RFirst payment on or before the day of 20month; (d) weekly/monthly to the Administrator for distribution among the creditors.
NOTE.-In terms of section 74F (1) of the Magistrates' Courts Act, 1944, the Registrar/Clerk of the Court shall hand or send by registered post a copy of this order to the debtor and in terms of section 74F (2) the Administrator shall forward a copy hereof by registered post to each creditor whose name is mentioned in the Debtor's statement of affairs (Form 45) or who has given proof of a debt.
Total amount due to additional creditors listed after granting of Administration Order/since lodging of previous statement.
The names of creditors to whom pro rata amounts were paid by the Administrator during the said period to be inserted here. (The relevant amounts to be completed in column B.
No. 52A - Rescission of Administration Order - Section 74Q of the Magistrates' Courts Act, 1944 (Act No.
Administration Order against hereinafter referred to as the Debtor.
Whereas, after consideration of an application by the Debtor*/an interested party, i.e. *, it appears that good cause exists for the rescission of the Administration Order granted on theAdministration Order is rescinded with effect from the day ofDated at this . day of , 20 day of 20 20.
NOTE.-(1) The Registrar/Clerk of the Court must send a copy of this order by registered post to the Administrator.
The Administrator must deliver personally or send by post a copy of this order to the Debtor and to each creditor and inform the latter of the Debtor's last known address.
Delete which is not applicable. No. 53 -Notice of Abandonment of Specified Claim, Exception or Defence In the Magistrate's Court for the District/Region of held at Case No of 20 In the matter between Plaintiff and Defendant.
Take notice that the plaintiff/defendant hereby abandons the undermentioned claim/exception/defence (as the case may be) set up by him or her in his or her summons/plea/reply (as the case may be).
Dated at this day of , 20.
Plaintiff/Plaintiff's Attorney or Defendant/Defendant's Attorney.
In the Magistrate's Court for the District/Region of held at Case No.
Defendant. We, , of , and , of , the above named plaintiff and defendant, respectively, do hereby agree, in terms of section 82 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), that the decision of the Court in the abovementioned action shall be final.
Signature and address.
I, , of , hereby apply to inspect the record of the case between (plaintiff) and (defendant).
(If the applicant is a party to the case or the attorney of such party, his or her capacity should be stated after his or her signature.
Date of Hearing and Case No. Name and Description of Accused.
Crime or Offence Charged.
Verdict and Sentence.
No. 57 - Notice in terms of Section 309B(2)(d) of the Criminal Procedure Act, 1977 (Act No.
1977 (Act No. 51 of 1977), has been set down for hearing on (date), at (time) or so soon thereafter as the matter may be heard, in Court No.
Receipt of the above-mentioned notice is hereby acknowledged.
Only to be completed in a case in which the prosecution was not at the public instance.
Table A. Costs.
Part I. General provisions.
Part II. Undefended actions.
Part III. Defended actions.
Part IV. Matters other than those provided for in Table B.
Table B Costs (continued).
Part I. General provisions (proceedings in terms of section 65 of the Act). Tariff.
Part II. General provisions (proceedings in terms of section 72 of the Act). Tariff.
Part III. General provisions (proceedings in terms of section 74 of the Act). Tariff.
Table C General provisions and tariff of fees (Sheriffs of the Court).
Part I. Sheriffs who are officers of the Public Service.
Part II. Sheriffs who are not officers of the Public Service.
Table D. Fees to assessors.
When the amount in dispute is less than or equal to the amount of R7 000, costs shall be taxed on Scale A; when the amount in dispute exceeds the amount of R7 000, but is less than or equal to R50 000, costs shall be taxed on Scale B; when the amount in dispute exceeds R50 000 or when the matter is in respect of a divorce or matrimonial dispute, costs shall be taxed on Scale C.
For the purpose of computing costs, the expression 'amount in dispute' means, where costs are awarded to the plaintiff, the amount or value of the judgment and 'amount or value of the judgment' means, where more than one claim is involved in the action, the total of the amounts involved in the judgment. Where costs are awarded to the defendant, the expression 'amount in dispute' means, the amount or value of the claim, and 'amount or value of the claim' means, where more than one claim is involved in the action, the total of the amounts of all the claims. The amount or value of the judgment or claim shall be inclusive of interest but exclusive of costs. If a matter is settled at any time the costs shall be taxed on the scale laid down in the agreement of settlement.
Where the amount in dispute is not apparent on the face of the proceedings, costs shall, unless the court orders otherwise, be computed at the higher rate.
Costs taxable in terms of rule 33 (19) shall be deemed to have been awarded under a judgment for the amount offered or a judgment in the terms of the settlement, as the case may be.
Claims for ejectment shall be computed at two months' rent of the premises.
The rate at which costs are computed shall not be increased by reason of any claim for confirmation of any interdict or interlocutory order.
Fees to counsel shall be allowed on taxation only in cases falling within Scale B or Scale C or where the court has made an order in terms of rule 33 (8) and shall not be so allowed unless payment thereof is vouched by the signature of counsel.
Where the amount allowed for an item is specified, the amount shall be inclusive of all necessary copies, attendances and services (other than services by the sheriff for the magistrate's court) in connection therewith.
Where any document appears to the court to be unnecessary prolix, the court may disallow the whole or any part of the fee therefor.
Where printed forms of documents to be copied are available, the fees for copying shall be limited to the necessary particulars inserted in such printed forms.
A folio shall consist of 100 written or printed words or figures or part thereof.
Four figures shall be reckoned as one word.
Unless otherwise provided, a charge for perusal shall be allowed at R7, 00 per folio in respect of any document or pleading necessarily perused.
Where a charge is allowed for copying, it shall be allowed at R3, 00 per page, regardless of the number of words, unless otherwise provided.
Where there are more defendants than one R12, 00 shall be added in respect of each additional defendant for each of items 2 and 3 of Part II and items 2 and 7 of Part III.
Where the judgment debt is payable in instalments in terms of the judgment or an agreement, a fee of 10% on each instalment collected in redemption of the capital, costs and interest shall be allowed, subject to a maximum of R300,00 on each instalment. No additional fee shall be charged for any attendance in connection with the receipt or payment of any instalment.
The clerk or registrar of the court shall on taxation disallow any charge unnecessarily incurred.
Where the fee under any item is calculated on a time basis, the total time spent on any one day shall be calculated and the fee for that day calculated on such total.
Any amount necessarily and actually disbursed in tracing the debtor.
Item 7 referred to court for judgment or to obtain provisional sentence on the scale when claim is undefended for defended actions.
Note: The amount of fees allowable under items 4, 5, 6, 7, 8, 9 and 10 shall be included without taxation in the amount of the costs for which judgment is entered.
2. 3. 4. 5. 6. 7. 8. Drawing up of all documents not specifically mentioned, including request for further particulars, schedule of documents, all affidavits, subpoenas, any notice not otherwise provided for and drawing up of statements by witnesses 9. 10. 11. 12. 13. 14. 15. (a) (b) 16. 17. 18. Instructions to sue or defend or to counterclaim or defend a counterclaim, perusal of all documentation and consideration of merits and all necessary consultations to issue summons Summons Appearance Notice under rule 12 (1) (b) and (2) Plea Claim in reconvention Reply, if necessary Production of documents for inspection, or inspecting documents, per quarter of an hour or part thereof of the time spent Each copy of service, per page The recording of statements by witnesses, per quarter of an hour or part thereof Notice of trial or reinstatement Preparing for trial (if counsel not employed) Attendance at settlement negotiations, for each quarter of an hour or part thereof actually spent in such negotiations Attending court during trial, or at an on-the-spot inspection, or at postponement or examination on commission, for each quarter of an hour or part thereof spent in court while the case is actually being heardif counsel not employed if counsel employed Attending pre-trial conference, for each quarter of an hour or part thereof actually spent in such conference Attending court to hear reserved judgment, per quarter of an hour or part thereof Correspondence R394,00 R198 00 R33,00 R33,00 R198,00 R198,00 R198,00 -R117,00 R3,00 R117,00 R33,00 R656,00 R117,00 R117,00 Nil R117,00 R23,00 R525,00 R275,00 R33,00 R33,00 R275,00 R275.
(b) 19. 20. 21. 22. 23. 24. 25. 26. for each necessary letter or telegram, per folio for each letter or telegram received, provided that a fee for perusal shall not be allowed in addition to the fee herein provided for.. Attendances: For each necessary attendance not otherwise provided for, per attendance Necessary formal telephone calls, per call Telephone consultations: For every 5 minutes or part thereof, subject to a maximum of R113,00 per consultation Each necessary consultation, per quarter of an hour or part thereof The court may, on request made at the hearing, allow in addition to the fee prescribed in item 13 above a refresher fee in postponed or partly heard trials Time spent waiting at court (owing to no court being available) per quarter of an hour or part thereof Travelling time [subject to the provisions of rule 33 (9)] per quarter of an hour or part thereof Subsistence and travelling expenses as laid down in rule 33 (9) R19,00 R12,00 R12,00 R12,00 R33,00 R117,00 R408,00 R79,00 R79,00 R19,00 R19,00 R19,00 R19,00 R33,00 R117,00 R578,00 R79,00 R79,00 R23,00 R23,00 R23,00 R23,00 R40,00 R140.
Exceptions, applications to strike out, applications for summary judgment, appearance to obtain provisional sentence when claim is defended, interlocutory applications, arrest, interdict, applications under rule 27(9), applications to review judgment, order or taxation, applications for liquidation of close corporations and applications in terms of section 65J of the Act.
Instructions to make application for liquidation of close corporation, perusal of all documentation and consideration of merits, and all necessary consultations R485,00 R485,00 R581,00 2.
If opposed (if counsel employed), for each quarter of an hour actually spent in court or part thereof Nil R47,00 R56,00 4. Fee for preparing for trial, when opposed, if allowed by the court on request R408,00 R485,00 R581,00 5.
Note: The court may on request made at the hearing allow, as an alternative to the fees prescribed in item 4, a fee for preparing argument under items 13 and 23 of the scale for defended actions.
Drawing up bill of costs: 5% of the fees allowed.
Attending taxation: 5% of the total of the bill allowed.
Attending on review of taxation, for each quarter of an hour or part thereof in court while review is actually being heard .. R117,00 9. Notice of application for review of taxation and service..
Affidavit, where necessary.
For each reissue thereof R33,00 12. Inclusive fee for work done in connection with releasing of immovable property attached R98,00 13. Inclusive fee for work done in connection with sale in execution of immovable property only (excluding work in respect of which fees are already provided for elsewhere and the drawing up of the conditions of sale) R250,00 14.
For all other work done and papers and documents supplied to the sheriff of the magistrate's court in connection with a sale in execution of movable property, an inclusive fee of. R170,00 15.
Instructions for exception or application, where allowed R117,00 17. Instructions on trial R145,00 18.
Note: A fee to counsel on application shall be allowed only where the court certifies that the briefing of counsel was warranted.
With trial brief for the first day, not exceeding R1640,00 23. In any court held more than 30 km from the nearest town where a provincial or local division (other than a Circuit Court) of the High Court sits, a travelling allowance (in addition to the fee on brief) may be allowed by special order of the court at..
Each necessary consultation, per quarter of an hour.. R117,00 25. For every day exceeding one on which evidence is taken or arguments heard, a refresher not exceeding . R985,00 26.
not less than eight days and not more than 21 days prior to the date of hearing: Half of the fee under (i).
The court may on request allow a a higher fee for counsel in regard to items 22, 24, 25 and 26.
A fee for travelling time by counsel shall be allowed at the same rate as for attorneys under rule 33(9).
Obtaining certified copy of judgment R60,00 28. Obtaining payment in terms of rule 18(4) R40,00 29.
Subject to the provisions of paragraph 3, no fees other than those in the Tariff to this Part shall be allowed.
Subject to the provisions of section 65K of the Act, the fees laid down in items (a) , (b) or (c) of the Tariff to this Part, as the case may be, shall be payable for the drawing up of the notice referred to in section 65A (1), including appearance at the inquiry into the judgment debtor's financial position referred to in section 65D, or any appearance at subsequent suspension, amendment or rescission proceedings, and shall, with the exception of the fee allowed under item (m) of the tariff, be chargeable only once for the drawing up, issue and all reissues of the notice and all postponements of the inquiry, irrespective of the number of days on which the proceedings are heard in court: Provided that where the debtor leaves the area of jurisdiction of the court after issue of the notice referred to in section 65A (1) and the notice is reissued in any other district, the aforesaid fee may also be charged in such other district if the court so orders.
All necessary disbursements incurred in connection with the proceedings.
amount of R300, 00 on every instalment. Where the amount is payable in instalments the collection fees shall be recoverable only on payment of every instalment. Such fees shall be in substitution for and not in addition to the collection fees prescribed in paragraph 13 of Part 1 of Table A.
All necessary disbursements incurred in connection with any prior abortive proceedings under section 72, if the court has so ordered.
Any amount necessarily and actually disbursed in tracing the judgment debtor, where the capital amount of the debt at the time the tracing agent was employed was not less than R327, 00. The total amount to be allowed for each tracing shall not exceed R250, 00.
For the purpose of the Tariff to this Part the amount of the claim shall, subject to the provisions of paragraph 3 (d), be the total of the capital amount and costs outstanding at the date of the first institution of proceedings under section 65A (1) of the Act.
Items 1 to 5 of Part IV of Table A of Annexure 2 are applicable in terms of section 65J of the Act.
Application for costs on notice (including appearance in court).
Affidavit or affirmation by debtor [Rule 45(7)]..
Necessary formal telephone calls, per call.
Subject to the provisions of paragraphs 2 and 3 no fees other than those laid down in the Tariff to this Part shall be allowed.
Paragraph 3 (a), (b) and (d) of the general provisions under Part 1 of this Table shall apply mutatis mutandis to this Part.
All necessary disbursements incurred in connection with any prior abortive proceedings under section 65 shall be allowed if the court has so ordered.
For the purpose of the Tariff to this Part the amount of the claim shall, subject to the provisions of paragraph 3 (d) of the general provisions under Part 1 of this Table, be the total of the capital amount outstanding at the date of the first institution of proceedings in terms of section 72 of the Act.
Where the claim exceeds R200,00.
Obtaining certified copy of a judgment.
In addition to the fees stated below, the administrator shall be entitled to a fee of 10% on each instalment collected for the redemption of capital and costs.
For the purposes of items 4 and 5 of the Tariff to this Part, a folio shall consist of 100 written or printed words or figures and four figures shall be reckoned as one word.
Instructions to apply for administration order, including the necessary perusal of summonses, demands, etc, and ascertaining the amount of assets and liabilities, including all attendances and correspondence necessary in connection therewith R117,00 R165,00 R263,00 2. Instructions on application under section 74Q (1) or to oppose such application or the granting of administration order R93,00 R93,00 R93,00 3. Drawing up application for administration order or review thereof and affidavit, including all annexures thereto and all attendances, excluding attendance in court R165,00 R165,00 R165,00 4. Making copies of application, affidavit and annexures for creditors, per page R3,00 R3,00 R3,00 5. Perusal of application and other documents served, if any, per folio.. Note: The fees under this item are only claimed by the attorney or an opposing party. R7,00 R7,00 R7,00 6. (a) Attending court: On postponement or setting aside, if not occasioned by the attorney or his client.
On any other hearing R93,00 R177,00 R177,00 7. For furnishing to a creditor by the administrator of the information referred to in section 74M(a) of the Act, per application R12,00 R12,00 R12,00 8. For furnishing of a copy of the debtor's statement of affairs referred to in sections 74 and 74A (1) of the Act by the administrator in terms of section 74M (b) or of a list or account referred to in section 74G (1) or 74J of the Act or of the debtor's statement of affairs referred to in section 65I (2) of the Act, per page R2,00 R2,00 R2,00 9.
For each service or execution or attempted service of any process or document: R7.
The service of a notice referred to in rule 54(1) simultaneously with the summons shall not be regarded as a separate service. PART II SHERIFFS WHO ARE NOT OFFICERS OF THE PUBLIC SERVICE 1A. For registration of any document for service or execution upon receipt thereof: R6,00. 1B.
within a distance of 12 kilometres but further than 6 kilometres from the court-house of the district for which the sheriff is appointed: R.
1B(a)(i), (ii) and (iii) respectively, which additional costs shall be paid by the mandator, save where the court orders otherwise.
where a mandator instructs the sheriff in writing to serve a document referred to in item 1B(a) urgently on the day of receipt of such document or after normal office hours and the sheriff is unsuccessful in his or her attempt to effect service, the costs shall be calculated at double the tariff in item 1B(b)(i), (ii) and (iii) respectively, which additional costs shall be paid by the mandator, save where the court orders otherwise.
where a mandator instructs the sheriff in writing to execute a document referred to in item 2(a) urgently on the day of receipt of such document or after normal office hours, the costs shall be calculated at double the tariff in item 2(a)(i), (ii) and (iii) respectively, which additional costs shall be paid by the mandator, save where the court orders otherwise.
where a mandator instructs the sheriff in writing to execute a document referred to in item 2(a) urgently on the day of receipt of such document or after normal office hours and the sheriff is unsuccessful in his or her attempt to effect execution, the costs shall be calculated at double the tariff in item 2(b)(i), (ii) and (iii) respectively, which costs shall be paid by the mandator, save where the court orders otherwise.
For the ejectment of a defendant from the premises referred to in the warrant of ejectment: R23,00 per half hour or part thereof (except extraordinary expenses necessarily incurred).
A further fee of R15,00 shall be paid after execution for every person over and above the person named or referred to in the process of ejectment, in fact ejected from separate premises: Provided that where service on any person other than the judgment debtor, respondent or garnishee is necessary in order to complete the execution, the fee laid down in item 1B(a) may be charged in respect of each such service.
For the arrest of a defendant tanquam suspectus de fuga to found jurisdiction, shall, in addition to the tariff in item 2(a), an amount of R23,00 per half hour or part thereof be payable for waiting time during negotiations between the several parties.
Compilation of any return in terms of rule 8, in duplicate: R11,00.
If it is necessary for the sheriff to travel further than 20 kilometres from the court-house of the district for which he or she is appointed, a travelling allowance of R3,00 per kilometre for each kilometre or part thereof travelled further than the aforesaid distance to and from the place of service or execution shall be allowed in addition to the fees mentioned in item 1B(a)(iii), 1B(b)(iii), 2(a)(iii) or 2(b)(iii) as the case may be.
where service of the same process has to be effected on more than one person by a sheriff within the area served by him or her, only one charge for travelling shall be allowed.
When it is necessary for the sheriff to convey any person under arrest for any distance of more than 20 kilometres, an allowance of R3,00 per kilometre in respect of that portion of his or her journey on which he or she was necessarily accompanied by such person shall be allowed.
Making an inventory, including the making of all necessary copies and time spent on stock-taking: R23,00 per half hour or part thereof.
For assistance, if necessary, with the making of an inventory, R23,00 per half hour or part thereof.
The perusing, drawing up and completing of a bail bond, deed of suretyship or indemnity bond: R6,00.
For each officer necessarily left in possession, a reasonable inclusive amount not exceeding R83,00 per day.
"Possession" shall mean actual physical possession by a person employed and paid by the sheriff, whose sole work for the time being is to remain on the premises where the goods have been attached, and who, in fact, remains in possession for the period for which possession is charged.
'Cost of removal' shall mean the amount actually and necessarily disbursed for removal or attempted removal if the goods were removed by a third party or an attempt was made to remove them, if they were removed by the sheriff him-or herself, such amount as would fairly be allowable in the ordinary course of business if the goods were removed by a third party, or an attempt was made to so remove them.
'Cost of storage' shall mean the amount actually and necessarily paid for storage if the goods were stored with a third person or, if the sheriff provided the storage, such amount as would fairly be allowable in the ordinary course of business if the goods were stored with a third person.
Where a warrant of execution or garnishee order is paid in full, or in part, to the sheriff or moneys attached in execution against movables, 9 per cent of the amounts so paid or attached, with a minimum of R44,00 and a maximum of R440,00.
Notice of attachment to defendant and to each person to be notified: R6,00.
Where property is released from attachment in terms of rule 41(7)(e), or the warrant of execution is withdrawn or stayed, or the judgment debtor's estate is sequestrated after the attachment, but before the sale, 2,3 per cent of the value of the goods attached, subject to a maximum of R133,00: Provided that if a sale subsequently takes place in consequence of the said attachment, the amount so paid shall be deducted from the commission payable under item 12.
Where the warrant of execution against movables is completed by sale, 9 per cent for the first R15 000, 00 or part thereof and thereafter 6 per cent, with a maximum of R5 875,00.
For the insurance of attached property if deemed necessary and on written instructions of the judgment creditor to the sheriff, in addition to the premium to be paid, an all inclusive amount of R23,00.
When immovable property has been attached in execution and is not sold, either by reason of the warrant having been withdrawn or stayed or of the sequestration of the estate of the execution debtor, the expenses in connection with the attempted sale and the sum of R133,00 shall be payable to the sheriff or the person in fact authorised to act as auctioneer, as the case may be.
The drawing up of a report of the improvements on the property for the purpose of sale: R23,00 per half hour or part thereof.
Written notice to the purchaser who has failed to comply with the conditions of sale: R33,00.
Consideration of conditions of sale: R66,00.
On the sale of immovable property by the sheriff as auctioneer 6 per cent on the first R30 000, 00 of the proceeds of the sale and 3,5 per cent on the balance thereof, subject to a maximum commission of R8 750,00 in total and a minimum of R440,00 (inclusive in all instances of the sheriff's bank charges and other expenses incurred in paying the proceeds into his or her trust account), which commission shall be paid by the purchaser.
If an auctioneer is employed as provided in rule 43(9), 3 per cent on the first R30 000,00 of the proceeds of the sale and 2 per cent on the balance thereof, subject to a maximum commission of R5 000,00 total and a minimum of R440,00 (inclusive in all instances of the sheriff's bank charges and other expenses incurred in paying the proceeds into his or her trust account), which commission shall be paid by the purchaser.
the sum of R16,00 to the sheriff for giving transfer to the purchaser.
18 Where the sheriff is in possession under more than one warrant of execution, he or she may charge fees for only one possession, and such possession shall, as far as possible, be apportioned equally to the several warrants issued during the same period: Provided that each execution creditor shall be jointly and severally liable for such possession to an amount not exceeding what would have been due under his or her execution if it had stood alone.
Fees payable on the value of goods attached or on the proceeds of the sale of goods in execution shall not be chargeable on such value or proceeds so far as they are in excess of the amount of the warrant.
The fees and expenses of the sheriff in execution of a garnishee order shall be added to the amount to be recovered under the order, and shall be chargeable against the judgment debtor.
the mandator requested, before an attempted service or execution of the process, that it be returned to him or her, an amount of R6,00 shall be payable.
For the conveyance of any person arrested by the sheriff or committed to his or her custody from the place of custody to the court on a day subsequent to the day of arrest: R23,00 per journey and R44,00 per hour or part thereof for attending at court.
For the examination of indicated newspapers and the Gazette in which the notice of sale has been published as referred to in rule 43(6)(c) and Rule 41(8)(c): R6,00.
For forwarding a copy of the notice to every execution creditor who has lodged a warrant of execution and to every mortgagee in respect of the immovable property concerned whose address is reasonably ascertainable, for each copy: R6,00.
For affixing a copy of the notice of sale on the notice board or door of the court-house or other public building referred to in rule 43(6)(e) and rule 41(8)(b): R16,00.
For affixing a copy of the notice of sale on the property due to be sold, the amount in paragraph (a) above and travelling costs referred to in item5(a).
For the drawing up and issuing of an interpleader summons: R66,00.
In addition to the fees prescribed in this Table, the sheriff shall be entitled to the amount actually disbursed for postage and telephone calls.
For the writing of each necessary letter, excluding formal letters accompanying process or returns: R6,00.
Each necessary attendance by telephone (in addition to prescribed trunk charges and cellular charges): R6,00.
Sending and receiving of each necessary facsimile per A4 size page (in addition telephone charges): R3,00.
If investigated by the sheriff him- or herself: R39,00 per case.
For the making of all necessary copies of documents: R2,00 per A4 size page.
A request to tax an account of a sheriff shall be done within 90 days after the date on which the account of which the fees are disputed, has been rendered.
For the drawing up of the bill for taxation and attendance of the taxation by the sheriff: R44,00.
Bank charges: Actual costs incurred relating to bank charges and cheque forms.
Drafting of notice to the judgment debtor in terms of section 65A(8)(b) of the Act: R11,00.
Service of notice referred to in paragraph (a): Tariff as prescribed in item 1B(a).
Attempted service of notice referred to in paragraph (a): Tariff as prescribed in item 1B(b).
The tariff as prescribed in item 2(a) or item 2(b), as the case may be.
The tariff as prescribed in item 4 shall apply to this item.
The tariff as prescribed in item 2(a).
Travelling costs from place of arrest to place of handing over to the relevant authority referred to in paragraph (b), per kilometre or part thereof: R3,00.
Waiting time in regard to handing over the judgment debtor to the relevant authority referred to in paragraph (b): R23,00 per half hour or part thereof with a maximum of R88,00.
For every attendance when the case is wholly or partly heard: R70 for each hour or part of an hour of such attendance, but not to be less than R140 or more than R350 for every such attendance.
For every attendance when the case is not heard but is postponed or settled, at the above rate, but the minimum to be R70.
Attendance to be reckoned from the hour for which the assessor is summoned to the hour at which judgment is given or reserved, or to the hour at which the assessor is expressly released by the court from further attendance, whichever shall be the earlier.
When the case is adjourned, postponed or settled, attendances to be reckoned from the hour for which the assessor is summoned to the hour at which the case is adjourned, postponed or settled, or to the hour at which the assessor is expressly released by the court from further attendance, whichever shall be the earlier.
R1, 42 in the case of a motorcar with an engine swept volume of more than 3 500 cm3.
The party who desires an assessor in terms of rule 59 (6) shall pay to the clerk or registrar of the court an amount of R350 for each assessor applied for.
The Minister for Justice and Constitutional Development has, in consultation with the Minister for Finance, under section 51 bis of the Magistrates' Courts Act, 1944 (Act 32 of 1944), and section 42 of the Supreme Court Act, 1959 (Act 59 of 1959), prescribed the tariff of allowances in the Schedule.
"witness" means a person who attends a civil case as a witness.
the reasonable actual expenses incurred for meals on submission of proof of the expenses to the satisfaction of the court manager or the registrar.
The allowances provided for in subregulation (1) are payable for the full period for which the witness is absent from his or her residence or place of sojourn for purposes of attending the court.
In calculating the period of absence for purposes of subregulations (1) and (2), a witness is allowed 24 hours for each distance of 600 kilometres or part thereof travelled.
The allowance provided for in subregulation (1) is not payable if the fare of a witness includes the cost of meals and accommodation.
has approved that the witness may make use of air transport.
On satisfactory proof having been produced, a witness is entitled to be reimbursed for his or her reasonable actual expenses incurred in respect of parking and toll fees.
On satisfactory proof having been produced that a witness has forfeited income as a result of his or her attendance of a civil case, he or she is, in addition to the allowance that may be payable to the witness in terms of regulation 2, entitled to an allowance equal to the actual amount of income so forfeited, subject to a maximum of R1 500.00 per day.
in any other case, if he or she is satisfied that the application of the provisions of this Schedule may cause financial hardship.
6 Where the expenses of a witness are provided for from any other source, no allowance in terms of this Schedule shall be paid to him or her.
7 The allowances prescribed in this Schedule are also payable to a person who, of necessity, accompanies a witness on account of the youth or infirmity, owing to old age, or any other infirmity of the witness.
8 The decision of a court manager, registrar, or taxing master of a High Court in respect of the amounts payable in terms of regulations 3, 4 and 5 shall be final.
9 Government Notice R2597 of 1 November 1991 is repealed.
<fn>GOV-ZA.2010082401En.2012-02-10.en.txt</fn>
Mister Speaker, I have pleasure in presenting the Taxation Laws Amendment Bills of 2010. These Bills represent the annual revisions to existing tax legislation. As required by the Constitution, two Bills are required for tax legislation. The first Bill is the money bill, which contains the changes to total tax liabilities as a result of changes to tax rates and / or the tax bases. The second Bill covers other tax matters, mainly relating to tax administration.
Let me reflect on our current economic conditions. Taxation in the South African economy is crucial to our fiscal sovereignty and our ability to fund government expenditure through tax revenue. However, the recession resulted in a massive drop in budgeted revenue last year of R68.9 billion. This resulted in the tax / GDP ratio dropping from 26.9% to 24.4%. It is going to take us 3 to 5 years to recover to a 28% tax / GDP ratio that we had in 2007/08.
The GDP figures released today show second quarter growth at 3.2% and the leading indicators released by SARB yesterday indicate the uncertain economic climate we live in. However, let's be positive and hope that the prediction that our economy will still grow by 3% this year happens to be true.
The Bills give effect to the tax proposals announced in February when we presented the 2010 Budget. After intensive consultation, including public comments on an initial draft set of bills as well as hearings in parliament, we have amended many of the initial proposals. This, Mister Speaker, demonstrates the power of Parliament to amend money bills such as these tax bills. It also demonstrates the extent to which we listen to stakeholders, and that where they have legitimate concerns, we accommodate them.
Given the complexity of tax legislation, the National Treasury and SARS also publish a detailed Explanatory Memorandum, which assists greatly as the bills are largely amendments to Acts of Parliament, including the Income Tax Act, VAT Act, and Customs and Excise Act.
The proposed Bills provide personal income tax relief and close various tax loopholes to ensure an equitable tax system. Both tax bills contain a mix of limited tax relief measures needed to overcome commercial blockages and anti-avoidance measures needed to protect the tax base. The closing of tax loopholes has become a matter of concern internationally.
Severance packages paid by employers will qualify for the R300 000 exemption, and at the same time the preferential rates that currently apply to lump sum payments out of retirement savings when one is retrenched or retires will now also be extended to severance packages. This measure will assist those receiving severance packages from employers. A number of other measures are intended to provide relief for various forms of lump sum pension payouts so that taxpayers can more readily access their full retirement savings after retirement.
However, the tax system is not designed to comfort those who seek to exploit loopholes, no matter how well-entrenched those loopholes have become. In this vein, salary packages continue to provide some with undue tax advantages. These undue tax advantages leave a select group of employees with a lower tax burden than the majority who receive their salaries in cash.
These Bills will ensure that workers whose employers provide them with a motor vehicle are treated equitably. While the current tax rules correctly treat this free use of a motor vehicle as a taxable fringe benefit, the proposed amendment increases the tax charge to reflect fully the value of the economic benefit received by the employee.
South Africa is an ideal location for multi-nationals to base their regional operations for investments into sub-Saharan Africa. South Africa offers world-class financial services, strong and clear financial regulatory architecture and world-class infrastructure. We have a modern economy, wonderful weather and other natural attractions that make South Africa a desirable location for foreign expatriates seeking assignments on a long-term basis. Certain domestic tax anomalies, the Exchange Control regime and fierce competition from certain low tax countries, remain stumbling blocks to South Africa taking full advantage of the opportunities that are available.
To remedy this situation, the proposed amendments remove various tax hurdles that a multinational company would face if it based its regional headquarter in South Africa. We are also revising exchange controls to support such initiatives.
Another important area of innovation relates to the growing use of Islamic financing, which contains certain prohibitions in respect of finance, including prohibitions against interest, immoral substances and the lack of transparency in respect of investments. At issue is the tax system's lack of recognition of Islamic finance, as it mainly focuses on traditional forms of finance. The proposed amendments will level the playing field in respect of certain Islamic financial products when undertaking savings and investments and when attempting to bank finance.
To attract foreign investment into our country we exempt foreign investors based in South Africa from tax on interest received or accrued from their operations outside our borders. It now appears that the South African exemption for cross-border interest is far wider than the global practice. More specifically, the current exemption covers nearly all forms of interest, except if the foreign investor has substantial presence within South Africa. As a result, billions of rands are flowing out of South Africa without any tax being paid on them.
The proposed amendment will close this gap by narrowing the cross-border interest exemption, mainly to mobile international capital, such as listed government and corporate bonds. Most other forms of cross border interest payments will become subject to a 10 per cent withholding charge. Unfortunately, this amendment will have to be delayed until 2013 because the change in the taxation of cross-border interest requires the renegotiation of certain tax treaties and the implementation of an administrative mechanism to allow for a withholding regime.
The proposed CO2 vehicle emissions tax forms part of this year's tax proposals, although it is not included in the Bills tabled today. This tax will be imposed in terms of amended schedules and rules to the Customs and Excise Act. As with other tax proposals, we have consulted with relevant stakeholders, including the motor car industry. After some initial misunderstanding, I met with the largest motor car industry CEOs last week, and confirmed that the CO2 vehicle emisssions tax on passenger cars will proceed as scheduled on 1 September 2010. However, I have also taken into account some concerns of the industry, and agreed that the tax on double cabs will be delayed slightly, and come into effect on another date in the next few months. This tax will be extended to all other light commercial vehicles at a later date.
I should add that we do have a comprehensive approach to the environmental taxes. Work in this area began in 2003, including a paper on environmental fiscal reform published in 2006 and the discussion paper on carbon taxes that will be published shortly.
Though not implemented this year, we are considering the implementation of a CO2 vehicle emissions tax on all cars - new and old. This will be implemented by reviewing our approach to vehicle license fees, which are implemented by provinces. As we improve our public transport, we could also impose higher fuel levies and demand better quality fuel. All in all, there is a place for all these mechanisms if we want to reduce the emission of green house gases and ensure that we leave our children with a better legacy when it comes to air quality and reducing the risks of climate change.
The Mineral and Petroleum Resources Royalty Act came into effect for the first time from 1 March 2010. The South Africa mineral and petroleum royalty system imposes a royalty charge on a gross basis with the rate increasing or decreasing depending on company profitability. This varying rate allows for South Africa as a whole to enjoy relatively higher yields during the boom years while providing partial relief during lean years.
Some key anomalies that were identified during the past few months are being remedied. These remedies include the introduction of rollover relief. This rollover relief is intended to allow smaller mining companies to roll the royalty over to other parties. They will refine or otherwise upgrade the minerals. In addition, the minimum specified first saleable condition for certain minerals has been adjusted. These revised minimum conditions or points relate to iron ore, coal, vanadium and sand aggregates.
In conclusion, I would like to thank the Deputy Minister of Finance, Nhlanhla Nene, National Treasury and SARS officials for drafting the Bill, members of the public for their comments on the Bills, and the Standing Committee on Finance under the leadership of Thaba Mufamadi for the sterling work in shaping the Bills.
Last, but not least, SARS is extremely gratified by the response of taxpayers in filing their tax returns for 2010. To date 1,3 million returns have been filed compared to 950 000 returns for the same period last year. This is an increase of 32% year on year. Ninety eight percent of returns came in electronically, which means we now deal with less paper.
Both tax Bills, Mister Speaker, strike a careful balance between tax relief and the broadening of the tax base. I hereby introduce the "Taxation Laws Amendment Bill, 2010" and "the Voluntary Disclosure Programme and Second Taxation Laws Amendment Bill, 2010" for the Assembly's consideration.
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Business and Politics: Strange Bedfellows or Inevitable Allies?
It is my privilege to speak to you today on whether business and politics are strange bedfellows or inevitable allies.
I also feel privileged because it is you, the future business and, I hope, political leaders of our country, who invited me to address you today. That you have chosen such an important topic is proof that the future of South Africa will, indeed, be in good hands.
You could not have chosen a more appropriate topic for our times. Examination of the relationship between business and politics offers one a great vantage point from which to look at the world today, a world which is haunted by the spectre of capitalism - or the market economy as it often called. There is no doubt that capitalism is one of the best ways of generating wealth and creating jobs. But as the events of the past three years have demonstrated capitalism, or its excesses, can, if left unchecked, cause untold suffering.
Australian sociologist Robert J. Holton writes in his book, Economy and Society, that the fear of social life being dominated by apparently uncontrollable economic processes has become intensified by the increasing reality of a world economic system. "The anxiety is that global economic institutions and processes have become more powerful than either nation-states or social movements seeking to regulate economic life in accordance with individual, or community or national political objectives."
We meet today to examine the relationship between business and politics at a time when the fears that Holton refers to are at their height. Today the world is facing one of the most uncertain times, certainly since the Great Depression of the 1930s. The world economy is recovering from the recession, but the recovery remains fragile. China, one of the biggest drivers of economic growth in recent years, is slowing down; the US is sending mixed signals, and apart from Germany, the rest of the Eurozone will remain mired in low growth for many years to come.
These uncertain times have highlighted once more the interdependency of business and politics. When the financial crisis hit the US, plunging that country's economy into a deep recession, it was government that economic actors looked up to for help. Mobilizing all its financial and regulatory resources, the state stepped in to stabilize the economy. But even in normal times, the relationship between business and politics is a key determinant of whether nations develop economically.
The relationship between business and government is a special one, largely because of the mutual dependency that exists between the two forces. The state relies on businesses to invest and therefore grow the economy; businesses, in turn, depend on government to create the regulatory environment that is conducive to doing business. Government, if you like, is the visible hand without which Adam Smith's famous invisible hand would not exist.
As Holton points out, beyond the struggles and exigencies of everyday life, the economic questions are intimately bound up in the ways we understand the structure and dynamics of social life, and in debates about what kind of economic arrangements best advance human welfare. In the past, these concerns have found expression in the debates and analysis of capitalism and socialism as rival economic systems, and in public policy debates about the relative merits of free markets and public planning.
In our country, as it is the case in other parts of the world, these concerns find expression in the renewed debates about the role of the state in economic growth and development. The vision of turning ours into a developmental state has been met with much skepticism in some quarters. Yet, it is only if the state acts in this manner that we will be able to level the playing field and redress the imbalances of the past.
The opposing sides to these debates are made up of those who measure human welfare in material terms and those who believe that measures such as income and wealth, important as they are, should be subordinated to higher social values - equality and justice, for example.
This, as Holton points out, reminds us that economic analysis is far more than a technical matter, for it raises many of the most important values about which individuals and their political representatives feel most passionately. Economic arrangements must always be evaluated and scrutinized for their moral underpinnings, or lack thereof.
And it is in the political arena where the evaluation and moral scrutiny of economic arrangements takes place. Underpinning all of the debates about economic policy choices in our country today, including the proposals that the ruling party will debate at its National General Council next month, are the social values that Holton refers to.
Distilled down to its basics, business, or more precisely economics, is about the generation of wealth. Politics, on the other hand, is about the organization and sharing of power, but most importantly, it is about how a country's wealth is distributed or shared. Also, politics, acting through the long arm of the state, shapes the rules of the economic game, rules that guide the so-called invisible hand of the free market system.
In essence, business activity takes place within, and ought to be rooted in, a constitutional and political context. Business, therefore, depends on the legislative and regulatory activities of governments (politics) for its prosperity.
As John Maynard Keynes pointed out more than 70 years ago, "economic prosperity is excessively dependent on a political and social atmosphere which is congenial to the average businessman".
So, business and politics can never be strange bedfellows. They are the inseparable twins. How the twins live side-by-side is something that is peculiar to the historical circumstances of each nation. Germany's social market economy, for example, is an arrangement that arose to strike a balance between the virtues of a free market economy and the virtues of a social welfare system.
The US, on the other hand, has more of the free market economy but a limited dose of the social. The social was introduced in the 1930s to help those who were hard hit by the Great Depression. Since then, social safety nets have helped those US citizens who cannot cope with the competitive demands of a market economy. The other distinguishing feature of the US is the revolving door between business and politics, whereby businessmen move in and out of politics. Michael Bloomberg, the founder of the eponymous media group, left the running of his company to professional managers to pursue a career in politics as the mayor of New York. Hank Paulson left his job as chairman and chief executive of Goldman Sachs to become Secretary of the Treasurer in the George W. Bush administration.
In France, for example, business leaders and policymakers tend to be drawn from people who attended the same schools and universities.
What about South Africa?
For historical reasons, South Africa is one of the few countries in the world where the people who make economic policy (politicians) come from backgrounds that are different to those who control economic resources (business people). This makes for some interesting dynamics, not the least of which is trust.
The gap has narrowed somewhat since 1994, albeit at a very slow pace. It has narrowed because of transformation policies, which have increased the number of black people in the upper echelons of business. Unlike the US, the door between business and politics in South Africa is a very small one. It revolves occasionally, but mostly sends people in one direction. The trend since 1994 has been for politicians to move into business. The only exception in recent years being that of Tokyo Sexwale, the Minister of Human Settlements, who moved from politics to business and then back into politics.
I firmly believe that this situation will be redressed in the near future, when the economy, all levels, will be a true reflection of the demographics of our country. In addition, I would also like to challenge you to consider working in the public sector - as you are aware the economic and social challenges that our country faces are enormous. We need young vibrant minds to help to make South Africa a better place for all its citizens. Some of you may even choose to enter politics!
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Finance Minister Pravin Gordhan last week (19 August 2010) met with CEOs of the seven motor vehicle manufacturers in South Africa and a delegation from Business Unity South Africa (BUSA) to discuss their concerns about the introduction of CO2 vehicle emissions taxation in South Africa.
The meeting agreed that a comprehensive and holistic approach is needed to deal with environmental challenges, and that such an approach should include both regulatory interventions and environmental taxes.
Environmental taxes are based on the 'polluter pays' principle and they seek to influence and change behavior. Transparency of the tax to the polluter is therefore important. In line with this, the meeting agreed that industry and National Treasury will encourage motor dealers to show separately on invoices the CO2 vehicle emissions tax.
The motor industry's main concern was the inclusion of light commercial vehicles in the draft regulations issued for public comment on 2 July 2010, which the industry saw as a deviation from the 2010 Budget Review statement that "passenger cars" would be subject to the CO2 vehicle emissions tax from 1 September. The meeting noted that National Treasury first proposed this tax as an ad valorem tax in the 2009 Budget and, after consulting the industry, had agreed to revise the proposal from an ad valorem tax (in terms of the Value Added Tax (VAT) Act, which defined motor cars more widely), to a specific tax in the 2010 Budget (in terms of the Customs and Excise Tax, which had a narrower definition of passenger cars).
Confusion arose from the discrepancy in the definition of a passenger vehicle or motor vehicle in the VAT Act and the Customs and Excise Act. The VAT Act's definition includes double cabs, while the Customs and Excise Act does not.
The industry's other concern about the inclusion of light commercial vehicles was based on the fact that reliable data on CO2 emissions by light commercial vehicles (including double cabs) was not available and that there was no internationally applied test method to measure the emissions of light commercial vehicles. The National Regulator for Compulsory Specifications (NRCS) had, however, confirmed to National Treasury that its testing facility in East London measured CO2 emissions for all vehicles tested at the facility, including light commercial vehicles.
To allow manufacturers and importers sufficient time to test and determine the CO2 vehicle emissions of all double cabs, the tax on double cabs will only be applied from 1 March 2011. It has also been agreed that the threshold for double cabs be set at 175g/km and the tax rate at R100 for every g/km above the threshold.
The CO2 emissions threshold for passenger cars (as defined in terms of the Customs and Excise Act) will remain at 120 g/km and the tax rate at R75 for every g/km above this threshold. This is the rate discussed with the National Association of Automobile Manufacturers of South Africa (NAAMSA) in the process of consultation. Similarly, the rate for double cabs was a joint decision based on a proposal by the industry.
Other light commercial vehicles, single cabs and light vans, will be subject to the CO2 vehicle emissions tax at a date still to be decided. The meeting acknowledged the need to engage the NRCS, NAAMSA and the Departments of Energy and Trade and Industry on regulating and implementing systems for emissions testing of light commercial vehicles.
Minibus taxis are currently excluded from this tax as they are predominantly used for public transport. However, the position of minibus taxis will be reviewed when all other light commercial vehicles become subject to the CO2 vehicle emissions tax.
Passenger cars (as from 1 September 2010) and double cabs (as from 1 March 2011) that cannot provide certified CO2 vehicle emissions data will be subject to a tax based on a proxy CO2 emission calculation, largely based on engine size. Such a proxy tax will include a significant penalty provision.
The meeting agreed on the need to expedite the availability of cleaner fuels in South Africa. Emerging economies such as China, Brazil and India have made significant progress with the introduction of cleaner fuels, which are especially necessary to help improve local air quality. Although cleaner fuels do not directly reduce CO2 emissions the need for cleaner fuels to improve fuel efficiency is important. The introduction of the latest fuel efficient engine technology, which is directly related to CO2 emissions, requires improved fuel quality.
The meeting noted that one instrument alone is not sufficient to achieve the country's environmental goals. Complementary measures under consideration include the implementation of a CO2 vehicle emissions tax on all cars, new and old, by reviewing vehicle license fees, which are implemented by provinces. As we improve our public transport infrastructure and opportunities, higher fuel levies may also be imposed.
Industry requested that government should take note of the cumulative impact of various tax measures (e.g. changes to the taxation of the fringe benefits of company cars, the CO2 vehicle emissions tax, and new toll fees) on motorists and the domestic motor industry. National Treasury has noted these concerns and will ensure that tax reforms are equitable and will not unduly negatively impact economic growth and job creation. National Treasury undertakes a consultation process for all tax proposals, taking comments and concerns raised into account, as is feasible while still ensuring that the tax system meets the needs of the country as a whole.
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Given under my Hand and the Seal of the Republic of South Africa at Cape Town this Twentieth day of August Two thousand and ten.
The receipt of any remuneration, allowances or rewards by the Department's personnel otherwise than in accordance with the Public Service Act, 1994 (Proclamation No. 103 of 1994).
contractors, suppliers or service providers bidding for work or doing business with the State, including the Department; or contracts awarded by the State, including the Department.
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Mr. Nhlanhla Musa Nene
I would like to thank the organisers of the National Summit for inviting me to speak to you today on Financing for Development, a topical subject globally.
Today I will reflect on some of the recent developments in global development finance; the importance of development finance in attaining the Millennium Development Goals (MDGs); and lastly, I will highlight how the South African government has, during the past 16 years, sought to close the gap between women and men.
The recent financial crisis reminds us that the tentacles of finance extend to almost every sphere of human endeavour. Individuals, businesses and governments: all of them cannot function without finance. So, this summit could not have come at a more opportune moment, a time when the world is getting to grips with how to develop shock absorbers that will cushion all spheres of human endeavour from the impact of future financial crises.
As you will recall, the subprime crisis that began in the US in 2007 shut down the market where banks lend money to each other, which in turn led to the drying up of finance for businesses and individuals, and therefore plunging the economy into a recession. And because we live in an interconnected world, the US recession in turn spread havoc around the world, leaving in its wake a trail of human suffering. The World Bank, for example, estimates that the economic crisis has pushed more than 64 million people into poverty, most of whom are women and children in developing countries.
One of the transmission mechanisms for the economic crisis to developing countries has been the decline in financial flows from developed countries. Take development aid, for example. It is a significant source of finance for most Sub-Saharan African countries that cannot access private capital flows. But prospects for development aid have dimmed as the main donor countries have cut their budgets in response to their weak economies.
South Africa, however, remains committed to international aid, the bulk of which is channeled through the concessional lending facilities of the African Development Bank and the World Bank.
The financial crisis is therefore likely to reverse the hard-earned progress that developing countries, more specifically African countries, had made towards achieving the MDGs.
Adopted by the United Nations General Assembly in September 2000, MDGs set the target of halving poverty by 2015; complete universal primary education (girls and boys) and the reduction of maternal and child (under five) mortality rates by two-thirds by 2015. And most relevant for today's discussion, MDGs also target the elimination of gender disparity in primary and secondary education by 2005 and all levels of education not later than 2015. They also call for reversal of gender disparities in general.
Achieving the MDGs requires commitments by all stakeholders: government, the private sector and civil society organisations. Above all, the achievement of MDGs requires significant mobilisation of financial resources, resources that most developing countries simply do not have. In recognition of this, there have been extensive international discussions among stakeholders, the most significant of these discussions being the International Finance for Development Conference held under the United Nations umbrella in Monterey, Mexico, in March 2002.
The Monterrey Consensus on Development, as the 2002 conference has come to be known, underlined the need not only for the substantial increase in finance for development, but also for the cancellation of sovereign debts to release additional resources that would enable developing countries to fight poverty.
The Monterrey Consensus also identified overseas development assistance (ODA) as being complimentary to other sources of financing for development, especially those countries that are not so attractive to private investors. Useful as it is, ODA does have its drawbacks, the most significant being the lack of predictability of commitment and disbursement of resources by development partners. Unsure of the future funding, recipients find it difficult to plan for the long-term. The recent financial crisis has made predictability of future ODA even more difficult.
South Africa is in a fortunate position. ODA makes up just less than 1 percent of our budget. Notwithstanding this, ODA plays an important role in assisting South Africa to achieve its overall developmental agenda. The impact of ODA-funded programmes in sectors such as water, health, and science and technology is significant, demonstrating the significant value added by donor agencies.
The government of South Africa uses ODA resources in a strategic manner by focusing it on areas where each of our development partners have expertise and experience that we do not have.
In addition, in all our strategic partnership agreements we deliberately incorporate 'gender mainstreaming', a globally accepted strategy for promoting gender equality. Gender mainstreaming involves ensuring that the achievement of gender equality is central to all our activities, including policy development, research, dialogue, legislation, resource allocation and planning.
South Africa remains at the forefront of empowering women in our society. Our efforts have been focused on socio-economic empowerment and women leadership in the political space. The one area where South Africa has made a lot of progress during the past 16 years is politics. In our parliament and cabinet we have significantly narrowed the gender gap.
The challenge for us as a country is how to extend the gains made on the political field onto the economy. Relative to where we come from, a lot has been achieved in terms of economic transformation of our society, but much remains to be done.
A glance at the personal income tax statistics published last year by National Treasury and the SA Revenue Service (SARS) illustrates the income inequality gap that continues to exist between men and women. During the 2007 tax year, men accounted for 56 percent of all taxpayers; they earned 65 percent of all taxable income and contributed 71 percent of all personal income tax assessed that year.
These figures illustrate how much more we still have to do to close the gap in income and employment opportunities between men and women. Government cannot do this alone. Businesses and civil society organisations must play their part, too.
In conclusion, ladies and gentlemen, the most eloquent expression of why we should create space for women to participate in the economy came from Sir W. Arthur Lewis. Lewis was awarded the Nobel Prize in 1979 for his pioneering work on development economics, especially the aspects dealing with problems of developing countries.
Lewis had this to say in 1950: "In the process (of economic growth) woman gains freedom from drudgery, is emancipated from the seclusion of the household, and gains at least the chance to be a full human being, exercising her mind and her talents in the same way as men."
To Lewis' point about economic growth, one would add that what matters most is inclusive growth, an economic tide that truly lifts all boats.
The South African government will continue to do its best to close the gender gap.
I thank you!
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The fourth quarter local government budget statement was released today by the National Treasury. The statement covers revenue and expenditure for the twelve months of the 2009/10 municipal financial year, which ended on 30 June 2010. The publication also includes information on the spending of local government conditional grants. The statement is available on the National Treasury's website: www.treasury.gov.za.
National Treasury publishes this information in terms of section 71 of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003)(MFMA), and in terms of section 44(3) of the 2009 Division of Revenue Act.
Referred to as the In-year Management, Monitoring and Reporting System for Local Government (IYM), this information will enable provincial and national government to exercise oversight over municipalities, and identify possible problems in the implementation of municipal budgets and conditional grants.
All information in this publication is based on the section 71 MFMA reports that all Municipal Managers and Chief Financial Officers were required to sign and submit to the National Treasury by 16 August 2010. Therefore, any queries on the budget, revenue or expenditure figures reflected in the statement must be referred to the relevant Municipal Manager or Chief Financial Officer. Queries on conditional grants may be referred to the national department responsible for administering each grant.
The information released with this press statement aggregates the municipal financial performance information for the fourth quarter of the 2009/10 financial year for 280 municipalities. The coverage of municipal financial information in terms of Section 71 of the MFMA has increased from 239 municipalities published for the first quarter and 274 for the second quarter of the 2009/10 financial year to 280 municipalities for the third quarter of 2009/10 and remained the same for the fourth quarter.
The budgeted figures disclosed are based on the 2009/10 adjusted budget statements tabled in the various municipal councils during January and February 2010.
The fourth quarter local government budget statement of revenue and expenditure, published by the National Treasury in terms of Section 71 of the MFMA, covers spending for the twelve months of the 2009/10 financial year. It also includes spending on conditional grants in terms of Sections 44(3) of the 2009 DoRA.
As at 30 June 2010 (fourth quarter YTD results for the 2009/10 financial year), municipalities in aggregate spent 92.2 per cent or R196.6 billion of the R213.3 billion total adjusted budget. On the revenue side they collected in aggregate, 95.1 per cent or R210.8 billion of the R221.8 billion total adjusted revenue budget.
Metropolitan municipalities collected 92.1 per cent of their billed revenue by the end of the fourth quarter or R120.4 billion of the total adjusted revenue budget of R130.8 billion. Cape Town collected the highest proportion of its budgeted revenue at 96.4 per cent with eThekwini following at 96.0 per cent.
Of the aggregated adjusted capital budget amounting to R47.8 billion, R39.7 billion or 83.1 per cent had been spent as at 30 June 2010. Metropolitan municipalities' contribution of the total capital adjusted budget accounted for R24.9 billion.
88.6 per cent or R22.1 billion as at 30 June 2010.
112.6 per cent or R6.7 billion out of a R6.0 billion adjusted capital budget, followed by Cape Town at 83.3 per cent or R4.7 billion out of a R5.6 billion adjusted capital budget and City of Tshwane at 82.0 per cent or R2.2 billion of a R2.7 billion adjusted capital budget. The lowest capital spending was in the Nelson Mandela Bay at 78.9 per cent.
Aggregated municipal consumer debts amount to R56.1 billion as at 30 June 2010 (unaudited figures) of which government's contribution represents 5.2 per cent or R2.9 billion. The largest component relates to households which account for 56.3 per cent or R31.6 billion.
Metropolitan municipalities were owed a total of R30.6 billion as at 30 June 2010. This is an increase of R1.2 billion or 3.9 per cent from the same period in the previous year. The City of Johannesburg is still owed the largest amount at R8.4 billion, although this is a decrease of R713 million when compared to the same period in the previous year. It is followed by Ekurhuleni Metro at R7.8 billion, Cape Town at R5.0 billion and eThekwini at R4.6 billion.
Consumer debts owing to secondary cities decreased from R11.9 billion reported in the third quarter to R11.7 billion as at 30 June 2010. However, when compared to the corresponding period last year, consumer debtors have increased from R8.3 billion to R11.7 billion or 40.9 per cent. As with the metropolitan municipalities, consumer debtors over 90 days constitute a very large proportion, comprising of R9.3 billion or 79.8 per cent of the total amount outstanding.
As at 30 June 2010, municipalities owed their creditors R11.6 billion. This represents an increase of R3.5 billion from the quarter ended March 2010. Free State had the highest percentage of creditors outstanding for more than 90 days at 36.0 per cent, followed by North West at 31.0 per cent, Limpopo at 28.9 per cent and Northern Cape at 18.0 per cent. The creditor age analysis results differ vastly from quarter to quarter. Of concern are the figures reported in the period 0 to 30 days for Gauteng and KwaZulu-Natal.
Through the Division of Revenue Act, 2009 (Act No.12 of 2009), R21.9 billion was originally allocated to local government for both direct and indirect grants. However, this amount did not include the unconditional grant component in the form of the Equitable Share which amounts to R23.8 billion.
R45.7 billion. Direct conditional grants to municipalities amounted to R19.3 billion for the 2009/10 financial year.
These allocations have since been adjusted in line with the December adjustment gazette reflecting additional allocations, new allocations, re-allocations, rollovers and technical adjustments to the local sphere of government. These adjustments were done in terms of Sections 6(3) and 37 and re-allocations in terms of Section 29 of the 2009 Division of Revenue Act.
The total revised amount for conditional grants available to municipalities was R22.2 billion for the 2009/10 financial year ended on 30 June 2010. An amount of R19.3 billion was allocated as direct conditional grants of which R18.9 billion was transferred as at 31 March 2010. According to expenditure reports provided by the national departments, only 79.4 per cent was spent against the total conditional allocations. This has declined by 3.7 per cent from 83.1 per cent of the 2009 fourth quarter.
It should be noted that the expenditure reported by national departments for the fourth quarter period excludes performance by all metropolitan municipalities receiving the Municipal Infrastructure Grant (MIG Cities). Metropolitan municipalities' report on the entire capital programme, hence no reports specifically for MIG cities are required in terms of Section 11(2)(b) of the Division of Revenue Act, 2009. Secondly, the EPWP incentive grant performance is not reflected in the publication due to its "after the event performance nature".
The Municipal Systems Improvement Grant (MSIG) reflects an under spending of 68.7 per cent against the allocated amount of R200 million as reported by the national transferring officer. However, municipalities reported different amounts for all the quarters for MSIG expenditure. A total of 94.3 per cent was reported by the municipalities at the end of the municipal financial year. This indicates the inconsistencies of reporting by municipalities when reporting to the transferring national officers and National Treasury.
Revenue reported is based on billed revenue and not collected revenue. All revenue figures should be analysed by taking into account the municipality's cash flow and ageing debtors reported.
As indicated above, the National Treasury is again publishing the over- and under-spending of municipalities as at the end of the financial year - 30 June 2010.
In aggregate, municipalities underspent their total budgets by R18.9 billion. This is almost 8.9 per cent of the total municipal budget. When compared to previous years, no improvement in the level of underspending has been noted. In 2008/09 aggregate net underspending was R16.6 billion or 9.
Underspending of the operating budget in 2009/10 was R10.6 billion, while overspending was R2.1 billion. Underspending was highest (in percentage terms) in the Free State and North West at 18.8 per cent and 11.
Municipalities underspent their capital budgets in 2009/10 by R8.5 billion or 17.1 per cent.
In 2009/10 municipalities underspent their conditional grants by R3.6 billion or 15.9 per cent. In 2008/09 aggregate net underspending of conditional grants was R3.2 billion or 17.1 per cent. This suggests that conditional grant spending performance in municipalities has remained largely unchanged.
Page 3 of 21 23. The above figures reflect the aggregate situation. Tables 12a, b and c show the number of municipalities that overspent and underspent their operating, capital and conditional grants budgets, respectively.
Despite the total amount of underspending of conditional grants it is notable that 226 municipalities over or underspent their conditional grants allocations by 10 per cent.
A similar trend is observed with regards to capital spending, which is positive.
To align the required electronic reporting with the Municipal Budget and Reporting Regulations, repairs and maintenance now form part of the asset management reporting. This will assist in eliminating the distortion by under-reporting of repairs and maintenance due to classification discrepancies when municipalities capture this expenditure. While the new budget formats begin to deal with this problem, it will only be fully resolved once there is a uniform Municipal Standard Chart of Accounts in place. Municipalities will start to use these new reports on 1 July 2010 for the new municipal financial year 2010/11. However, in order to allow the municipalities to align their systems with the new reporting requirements, a phased approach will be followed for the next 2 years with regard to returns that need to be lodged with the National Treasury in terms of Section 71 and 74 of the MFMA.
All information is available on the National Treasury's website at www.treasury.gov.za.
This information will assist policy makers, researchers, sector specialists, elected representatives, academics and those responsible for implementation. The MFMA envisages that regularly published budget implementation information will enable and empower communities to hold their Municipal Councils accountable. A summary of key aggregated tables is included and can be found as part of Annexure A.
Category A (Metro) 98 365 821 24 887 667 123 253 488 28 002 271 8 166 086 36 168 356 29.3% 94 357 700 22 050 553 116 408 253 94.4% 22 459 117 9 927 436 32 386 554 94.9% 11.
Category B (Local) 57 028 086 17 150 143 74 178 229 14 204 575 4 222 348 18 426 924 24.8% 52 010 635 11 651 833 63 662 468 85.8% 11 650 424 3 804 969 15 455 393 90.1% 19.
Category C (District) 10 075 911 5 747 687 15 823 599 3 455 446 2 441 034 5 896 480 37.3% 10 568 781 5 922 414 16 491 195 104.2% 2 193 637 959 146 3 152 783 96.3% 87.
Total 165 469 818 47 785 497 213 255 315 45 662 292 14 829 468 60 491 760 28.4% 156 937 116 39 624 799 196 561 915 92.2% 36 303 178 14 691 551 50 994 729 93.4% 18.
Category A (Metro) 105 863 030 24 887 667 130 750 697 24 980 125 8 166 086 33 146 211 25.4% 98 345 702 22 050 553 120 396 255 92.1% 21 286 703 9 927 436 31 214 139 90.9% 6.
Category B (Local) 59 158 998 16 327 903 75 486 901 12 832 947 3 986 903 16 819 850 22.3% 58 370 676 10 890 895 69 261 571 91.8% 11 455 807 3 749 693 15 205 500 95.8% 10.
Category C (District) 11 076 309 4 440 006 15 516 315 4 299 733 2 253 573 6 553 306 42.2% 15 416 854 5 736 369 21 153 222 136.3% 1 797 294 969 336 2 766 630 117.6% 136.
Total 176 098 337 45 655 576 221 753 913 42 112 805 14 406 562 56 519 367 25.5% 172 133 232 38 677 816 210 811 048 95.1% 34 539 803 14 646 466 49 186 269 94.1% 14.
Cape Town 25 348 675 5 602 499 30 951 173 6 996 200 1 725 981 8 722 181 28.2% 25 159 063 4 665 997 29 825 061 96.4% 5 420 397 2 118 005 7 538 402 97.9% 15.
Total 105 863 030 24 887 667 130 750 697 24 980 125 8 166 086 33 146 211 25.4% 98 345 702 22 050 553 120 396 255 92.1% 21 286 703 9 927 436 31 214 139 90.9% 6.
Cape Town 23 598 284 5 602 499 29 200 783 7 428 204 1 725 981 9 154 184 31.3% 23 109 405 4 665 997 27 775 403 95.1% 4 868 347 2 118 005 6 986 352 94.9% 31.
Total 98 365 821 24 887 667 123 253 488 28 002 271 8 166 086 36 168 356 29.3% 94 357 700 22 050 553 116 408 253 94.4% 22 459 117 9 927 436 32 386 554 94.9% 11.
Buffalo City 2 804 726 729 855 3 534 582 971 491 204 626 1 176 117 33.3% 2 483 042 402 972 2 886 014 81.7% 665 858 179 559 845 417 82.3% 39.
Total 28 708 028 8 518 881 37 226 909 7 976 925 2 059 517 10 036 442 27.0% 26 233 089 5 643 857 31 876 947 85.6% 5 772 094 1 852 489 7 624 583 86.6% 31.
Cape Town 2 947 207 2 857 366 846 736 29.6% 2 759 372 96.6% 606 099 99.8% 39.
Total 15 663 459 13 579 678 3 951 365 29.1% 13 416 410 98.8% 3 151 931 98.6% 25.
Cape Town 5 269 374 5 075 072 1 712 144 33.7% 5 152 726 101.5% 918 079 89.0% 86.
Total 23 880 069 29 871 064 8 242 038 27.6% 28 695 162 96.1% 5 657 475 91.5% 45.
Cape Town 1 303 626 1 344 133 426 883 31.8% 1 434 154 106.7% 348 493 104.9% 22.
Total 3 729 633 3 405 465 1 186 172 34.8% 3 528 180 103.6% 952 256 104.6% 24.
Cape Town 1 588 255 1 596 966 497 573 31.2% 1 602 561 100.4% 399 089 100.1% 24.
Total 4 528 169 4 508 971 1 215 778 27.0% 4 294 011 95.2% 1 061 676 98.4% 14.
Buffalo City 247 708 247 708 75 544 30.5% 230 050 92.9% 65 408 95.1% 15.
Total 3 243 064 3 281 499 851 106 25.9% 3 011 094 91.8% 724 998 102.0% 17.
Buffalo City 745 003 745 003 213 008 28.6% 677 342 90.9% 182 221 95.2% 16.
Total 8 400 643 8 312 516 2 169 408 26.1% 8 280 858 99.6% 1 585 073 106.8% 36.
Buffalo City 248 524 248 524 107 022 43.1% 239 551 96.4% 77 470 100.5% 38.
Total 1 504 464 1 512 902 356 867 23.6% 1 140 701 75.4% 303 390 89.9% 17.
Buffalo City 185 901 185 901 43 570 23.4% 130 825 70.4% 36 138 82.4% 20.
Total 1 400 114 1 531 527 390 653 25.5% 1 313 333 85.8% 262 481 93.3% 48.
Water 1 546 878 9.9 690 806 4.4 539 211 3.5 12 827 552 82.2 15 604 446 27.8 95 567 0.
Electricity 2 872 480 36.3 702 904 8.9 353 415 4.5 3 990 124 50.4 7 918 924 14.1 22 508 0.
Property Rates 1 626 485 13.6 539 374 4.5 388 098 3.2 9 411 976 78.7 11 965 934 21.3 110 810 0.
Sanitation 406 324 10.3 161 465 4.1 120 384 3.1 3 250 564 82.5 3 938 737 7.0 57 984 1.
Refuse Removal 294 787 8.2 116 941 3.3 98 616 2.8 3 075 206 85.8 3 585 550 6.4 56 373 1.
Other 764 670 5.9 407 495 3.1 293 947 2.3 11 572 498 88.8 13 038 610 23.3 479 731 3.
Total 7 511 624 13.4 2 618 985 4.7 1 793 672 3.2 44 127 921 78.7 56 052 201 100.0 822 973 1.
Government 426 945 14.8 152 949 5.3 95 095 3.3 2 217 555 76.7 2 892 544 5.2 42 628 1.
Business 2 212 479 33.7 417 062 6.3 260 046 4.0 3 683 336 56.0 6 572 924 11.7 38 454 0.
Households 3 400 800 10.8 1 462 547 4.6 980 386 3.1 25 701 701 81.5 31 545 434 56.3 734 334 2.
Other 1 471 400 9.8 586 427 3.9 458 144 3.0 12 525 328 83.3 15 041 299 26.8 165 328 1.
Total 7 511 624 13.4 2 618 985 4.7 1 793 672 3.2 44 127 921 78.7 56 052 201 100.0 980 745 1.
Cape Town 999 918 19.8% 280 635 5.6% 131 312 2.6% 3 632 266 72.0% 5 044 130 16.
Total 4 436 107 14.5% 1 539 288 5.0% 1 005 960 3.3% 23 610 584 77.2% 30 591 939 16.
Cape Town 832 056 18.8% 221 963 5.0% 184 920 4.2% 3 190 151 72.0% 4 429 089 15.
Total 5 890 174 20.0% 1 376 820 4.7% 964 535 3.3% 21 201 095 72.0% 29 432 625 16.
Cape Town 20.2% 26.4% (29.0%) 13.9% 13.
Total (24.7%) 11.8% 4.3% 11.4% 3.
Government 211 916 15.
Total 4 436 107 14.
Buffalo City 121 226 18.2% 37 090 5.6% 23 356 3.5% 483 477 72.7% 665 149 5.
Total 1 566 010 13.4% 450 404 3.9% 339 185 2.9% 9 303 168 79.8% 11 658 767 4.
Government 74 971 16.6% 24 643 5.5% 17 149 3.8% 335 270 74.2% 452 032 3.9% 26 068 5.
Business 494 463 34.4% 82 214 5.7% 55 744 3.9% 803 389 56.0% 1 435 809 12.3% 18 255 1.
Households 791 979 10.6% 273 450 3.7% 209 540 2.8% 6 215 294 83.0% 7 490 263 64.2% 400 719 5.
Other 204 598 9.0% 70 096 3.1% 56 753 2.5% 1 949 214 85.5% 2 280 662 19.
Total 1 566 010 13.4% 450 404 3.9% 339 185 2.9% 9 303 168 79.8% 11 658 767 100.0% 445 042 3.
Creditor Age Analysis Bulk Electricity Bulk Water PAYE deductions VAT (output less input) Pensions / Retirement Loan repayments Trade Creditors Auditor-General Other 1 156 562 92.7% 567 352 54.9% 169 641 95.1% (54 266) 111.1% 226 056 91.5% 368 832 96.7% 5 182 806 94.9% 8 112 26.6% 2 923 989 94.1% 18 612 1.5% 39 664 3.8% 1 870 1.0% (2 257) 4.6% 2 039 .8% 1 159 .3% 115 350 2.1% 2 059 6.8% 54 266 1.7% 23 931 1.9% 44 668 4.3% 1 747 1.0% (1 195) 2.4% 1 538 .6% 1 294 .3% 57 439 1.1% 1 924 6.3% 14 301 .5% 48 648 3.9% 382 248 37.0% 5 215 2.9% 8 891 (18.2%) 17 554 7.1% 9 963 2.6% 105 159 1.9% 18 361 60.3% 113 659 3.7% 1 247 753 1 033 932 178 472 (48 828) 247 187 381 247 5 460 755 30 457 3 106 216 10.7% 8.9% 1.5% (.4%) 2.1% 3.3% 46.9% .3% 26.
Total 10 549 084 90.6% 232 762 2.0% 145 647 1.3% 709 698 6.1% 11 637 191 100.
National Treasury (Vote 8) Local Government Restructuring Grant Local Government Financial Management Grant Neighbourhood Development Partnership (Schedule 6) Neighbourhood Development Partnership (Schedule 7) -299 990 551 395 110 000 - 299 990 551 393 109 998 - 299 990 508 136 - 64 520 189 677 128 625 227 357 -225 470 561 191 - 332 737 504 999 -36.2% (25.1%) 81.5% 177.8% -75.2% 101.8% -110.9% 91.
Sub-Total Vote 961 385 961 381 898 640 254 197 355 982 786 661 837 736 (15.5%) 133.1% 81.8% 87.
Provincial and Local Government (Vote 5) Municipal Systems Improvement Grant Disaster Relief Funds Internally Displaced People Management Grant -200 000 -- - 200 000 -- 200 000 - 54 846-- 71 649 -137 484 -- - 188 507 -- 194.0% -- 79.6% 68.7% -- 94.
Sub-Total Vote 200 000 200 000 200 000 54 846 71 649 137 484 188 507 194.0% 79.6% 68.7% 94.
Transport (Vote 33) Public Transport Infrastructure and Systems Grant Rural Transport Grant -2 418 177 9 800 - 2 418 177 9 800 2 418 177 9 800 - 52 645 1 686 2 042 726 -3 011 269 1 686 - 4 278 745 3 034 (95.1%) - 253.6% (100.0%) 124.5% 17.2% 176.9% 31.
Sub-Total Vote 2 427 977 2 427 977 2 427 977 54 331 2 042 726 3 012 955 4 281 779 (95.0%) 253.3% 124.1% 176.
Minerals and Energy (Vote 30) Integrated National Electrification Programme (Municipal) Grant National Electrification Programme (Allocation in-kind) Grant Backlogs in the Electrification of Clinics and Schools (Allocation in-kind) Electricity Demand Side Management (Municipal) Grant Electricity Demand Side Management (Eskom) Grant -932 961 1 465 751 150 000 175 000 75 000 - 932 964 1 491 980 130 113 175 00075 000 914 414 - 129 712 215 707 -593 396 - 806 295 -(25.6%) 7.1% -63.6% -86.
Sub-Total Vote 2 798 712 2 805 057 2 707 507 174 954 286 334 682 017 892 513 (18.4%) 36.0% 24.4% 31.
Sub-Total Vote 2 070 273 1 957 772 1 778 340 29 686 281 150 556 823 893 083 (79.8%) 41.1% 26.9% 43.
Sport and Recreation South Africa (Vote 19) 2010 World Cup Host City Operating Grant 2010 FIFA World Cup Stadiums Development Grant -507 557 1 661 107 - 507 557 1 661 106 507 557 1 661 107 - 175 712- 382 473 429 099 -465 701 2 802 742 - 604 604 1 987 908 -202.8% (100.0%) 504.3% 133.5% -91.8% 168.7% -119.1% 119.
Sub-Total Vote 2 168 664 2 168 663 2 168 664 175 712 811 572 3 268 443 2 592 512 (58.2%) 228.5% 150.7% 119.
Sub-Total 10 828 762 10 722 601 10 495 559 743 726 3 849 414 8 444 383 9 686 131 (65.9%) 169.6% 78.0% 89.
Provincial and Local Government (Vote 5) Municipal Infrastructure GrantSub-Total Vote - 11 433 487 11 433 487 -11 407 48411 407 484 11 076 912 11 076 912 - 1 235 267 1 235 267 2 933 717 2 933 717 -6 736 444 6 736 444 - 9 019 323 9 019 323 (42.1%) (42.1%) 35.7% 35.7% 58.9% 58.9% 78.9% 78.
Sub-Total 11 433 487 11 407 484 11 076 912 1 235 267 2 933 717 6 736 444 9 019 323 (42.1%) 35.7% 58.9% 78.
Total 22 180 003 22 130 085 21 572 471 1 978 993 6 783 131 15 180 827 18 647 212 (54.2%) 89.0% 79.4% 97.
Spending of these grants is done at National department level and therefore no reporting is required from municipalities.
Sources: DoRA Monthly reports by the national transferring officer and Municipal sign-offs and electronic verification.
All the figures are unaudited.
In future provincial Treasuries will be required to provide the National Treasury with a payment schedule in the same format as the provincial payment schedule that correspond with the amount in Budget Statement 1 and 2.
Total 201 939 475 213 255 315 196 561 915 97.3% 92.2% (8 137 650) 25 011 734 7.
Total 156 525 412 165 469 818 156 937 116 100.3% 94.8% (6 537 380) 15 070 082 5.
Total 45 414 063 47 785 497 39 624 799 87.3% 82.9% (3 812 107) 11 972 805 17.
Total 21 809 803 22 180 003 18 647 212 85.5% 84.1% (2 369 635) 5 902 426 15.
<fn>GOV-ZA.2010090701En.2012-02-10.en.txt</fn>
Thank you for inviting us to address the Annual Banking Summit. Unfortunately, the Minister could not make it today, and the honour of addressing this Summit has fallen on me in my capacity as Deputy Minister.
On behalf of the Minister, let me begin by congratulating you on organising such an interesting and timely conference.
The concept of an Annual Banking Summit is an excellent one - the banking sector is faced with a variety of challenges, particularly after a few international banks in advanced economies sparked the global financial crisis in 2008.
ï· Last but not least, a global consensus that we need to relook the compensation packages of bankers.
I do, however, wonder about your timing. September is not a particularly auspicious month for bankers. Just before 1am (US time) on 15 September 2008, Lehman Brothers announced that it would seek Chapter 11 bankruptcy protection. By that date it had total liabilities of over US$750 billion and assets of US$639 billion.
I do not want to bore you with the gory details of the events leading up to the Lehman's failure, nor any of the specifics of what happened subsequently. I am sure everyone in this room is familiar and keenly aware of how the crisis played out.
What I will do, however, is spend a few moments reflecting on the lessons of the crisis for the South African government, both from an economic perspective and a financial policy one. I will conclude with some thoughts on where the global regulatory debate is going, and how we as a nation should respond.
The main lesson from the crisis for us was that it is important to have the fundamentals right. Our macroeconomic policy framework is built on counter-cyclical policy. When times were good, we ran a fiscal surplus. As you know, the recession hit us when we were in the middle of preparations for the World Cup and as a result were in the process of building the necessary infrastructure. This was in addition to the normal infrastructure build programme that we embarked on. Together with our countercyclical fiscal policy, this helped us during those trying months. The infrastructure projects provided us with a much-needed cushion during the global downturn, and will help us emerge as a stronger and more competitive economy.
In addition, our prudence during times of plenty has enabled government to act aggressively to stimulate the economy in a sustainable way. When we tabled our budget in February for 2010/11, we projected a fiscal deficit of 6.2 per cent for the 2010/11 year, a substantial change from the 1.7 per cent surplus we had in 2007/08. This has given the economy much needed support during very difficult global conditions, and assisted in reducing the negative impact of the global recession on our people.
Also, and most importantly, the expansionary shift in the fiscal policy stance is on a sustainable footing; our overall debt-to-GDP ratio is projected to rise to 40 per cent of GDP by 2015, before beginning to fall again. In contrast, our counterparts in the major economies are gripped between the devil of austerity and the deep blue sea of weak and fragile economies needing support. Germany has a debt-to-GDP ratio of 62 per cent, while the corresponding figure is 115 per cent in Greece. With each of these economies running substantial fiscal deficits this year and into the future, we can expect a further fiscal deterioration across the globe.
Our South African Reserve Bank has also had the space to cut interest rates quite significantly before, during, and after the crisis, providing a timely monetary boost to the economy. As a result, debt service costs have declined from 12.3 percent at the end of 2008 to 8.2 per cent of disposable income, which in money terms is a reduction of R44 billion on interest payments. This will help households begin the process of strengthening their balance sheets.
The ratio of household debt to disposable income remains high at 78.4 per cent in the first quarter of 2010. The number of households with impaired credit records, according to credit bureau data, has risen to 46 per cent from 42 per cent a year earlier.
We can be confident in the knowledge that we saw the storm coming and we took measures to protect our economy. The Registrar of Banks stepped up oversight and monitoring of the banks. While some of the decisions the regulator made at the time may have not been very popular, I think we can all agree that the foresight helped South African banks to weather the crisis.
However, in light of the global crisis we cannot be complacent. We should remain vigilant, and where necessary we should sharpen our regulatory oversight and work together to identify potential problems early and deal with them decisively.
How has the global financial crisis reshaped our regulatory architecture?
The severity of the crisis has highlighted the need for ongoing reform of the global financial system. As part of the Group of 20, South Africa is playing a key role in the review of the operation of the international financial system.
The first pillar is a strong regulatory framework. As we know, the Basel Committee on Banking Supervision has proposed a new global regime for bank capital, leverage and liquidity. We have agreed to implement these proposals, bearing in mind different national starting points and circumstances. The South African banking system remained resilient during the crisis, due in part to the fact that our banks maintained a strong capital position. Thus we support the global effort to improve the quality and quantity of capital, and strengthen our banks liquidity positions, provided this is done in a way that does not derail the economic recovery or our long-term growth prospects.
The second pillar is effective supervision. It is no use having a new improved formula for regulation without proper implementation. Fortunately we have a set of excellent regulators in South Africa. Nevertheless, we can always improve. In the Budget speech, the Minister announced initiatives to improve the co-ordination and effectiveness of our domestic regulators. Thus far our initiatives are bearing fruit, and our regulatory system is stronger as a result.
The third pillar is resolution and addressing systemic institutions. The focus of the G20 has been to design and implement a system that reduces the risk to taxpayers. Here again, we are fortunate that we did not have to call upon our taxpayers to save our banks. However, we take note of the experiences of our colleagues in other countries, and work to improve our domestic resolution framework.
The final pillar is a transparent international assessment and peer review. The National Treasury Director General, Lesetja Kganyago, is leading an international process to design a new peer review system for members of the Financial Stability Board. As part of this process, we have committed ourselves to regular assessments by the International Monetary Fund (IMF) and the Financial Stability Board. These assessments are both on the strength of the country's regulatory framework and on cross-country thematic issues (such as bankers' compensation). During May this year, the IMF completed a comprehensive review of South Africa's adherence to international standards in banking, insurance and securities regulation. The results of this Financial Sector Assessment Programme process are expected shortly, but in our discussions with the reviewers, it was noted that our financial regulatory standards are on par with the rest of the world.
The central role of the financial services sector in growth and development became incredibly clear during the financial crisis. But what also became clear is that the sector has more than its fair share of greedy and aggressive personalities who think they are above the law.
Policy makers are thus caught between punishing the sector for its past transgressions and trying to ensure that it remains healthy.
This begs the question: how are we going to balance the need for stronger regulation with the need to support economic growth?
There are no easy answers. As is the case globally, the financial services sector in South Africa has grown rapidly since 1994.
5.5 per cent, second only to construction. The sector employs over a quarter of a million people. The strength of the economy is due in no small part to our healthy and strong financial services sector. But we have seen how other countries that relied on financial services have failed. Ireland, once dubbed the Celtic Tiger, now languishes in the same company as Portugal, Italy, Greece and Spain; the so-called PIGS.
So we do need to think through how the rapid financialisation of our economy may bring both benefits and potential risks.
These international debates and concerns are interesting, ladies and gentlemen. But in South Africa we have our own challenges. One of these is to reconcile the South African first world banking sector, characterised by exceptional infrastructure and technology, with the enormous demand for financial services.
Inheriting a highly concentrated financial sector, and financial service providers with little incentive to reduce the cost of banking services or spur innovation, we had to act to improve access to the banking system for all South Africans. Our desire to broaden access to banking was not only motivated by pure altruism. Banking to all our people ensures that the allocation of capital and the developmental needs of the country are adequately matched; and ensures that the benefits of economic growth accrue to all.
In trying to bridge the divide between the First and the Second economy, government also undertook to address South Africa's unique dilemmas. Financial inclusion, a common thread in all policy areas, is a priority as far as providing access at reasonable costs for a wide range of financial needs and within sound and sustainable institutions. Government recognises that including people in the formal system brings growth to those communities and provides them with the commensurate consumer protection. We recognise the financial sector as an important tool in bridging the divide and as part of the reform programme to assist on the challenges of development and poverty alleviation. An integral part of addressing these challenges is providing appropriate savings, risk and transactional products, through technology and innovation.
The Financial Sector Charter, launched in November 2003, signalled a key milestone in the achievement of this objective and in the transformation of the financial sector. It demonstrated the possibility of a sustainable partnership between government and industry by embodying an agreement among the major financial institutions (banks, insurance companies, brokers and exchanges) on a set of service provision and empowerment targets. One of the key initiatives flowing from the Charter process is the innovative Mzansi account, a low cost national bank account, launched in October 2004.
Although the numbers are viewed by some with scepticism, the Charter's value lies not in the Mzansi numbers but in the spin-offs and bringing to the industry's attention the possibilities of an untapped market. Banks have innovated their own Mzansistyle products to address the needs of the domestic remittance market and other low value bank products. The insurance industry has also started to focus on providing micro insurance and appropriate products like funeral policies that meet these unique segments. National Treasury lauds this work and will actively engage the industry going forward.
The Charter is also further complemented by other initiatives to encourage innovation and greater consumer standards. This included the promulgation of the Co-operative Banks Act which promotes grassroots and community-based sustainable institutions; recent engagements with major retail banks on the recommendations of the Banking Enquiry to improve disclosure and transparency of retail banking transactions; and the National Credit Act that addresses consumer protection in the credit environment. Also, National Treasury is considering legislative changes to accommodate second tier banks, deposit insurance as well as policy on micro-insurance and remittances.
Of particular importance, both internationally and to the National Treasury, is the issue of consumer protection. This includes consumer literacy and greater transparency and disclosure of all financial products. Historically, consumers have been an afterthought, characterised by the selling of inappropriate products and opaque disclosure of costs and terms and conditions. Consumer protection is a moral and economic imperative that the industry must address.
Through the process of addressing the recommendations of the Banking Enquiry, National Treasury will address competition and efficiency in the banking sector, greater access within an appropriate legislative framework to the payment system, and market conduct.
I have tried to sketch some of the important issues that are occupying the minds of policy makers, both up the road in Pretoria, and across the seas in Basel, London and Washington.
How do we ensure that the financial sector is strong, but competitive How do we balance growth and regulation How do we take financial services to all?
These are the difficult questions you will wrestle with at this Summit. I am sure you will have some interesting ideas, and I hope you will find some answers. Whatever it is you decide, I have no doubt the discussions will be robust, interesting, intellectually challenging and fruitful.
I wish you all the best of luck, and look forward to the results.
<fn>GOV-ZA.20100910gg33550noticer45judmattersadEn.2012-02-10.en.txt</fn>
I Thulisile Nornkhosi Madonsela, the Public Protector of the Republic of South Africa, in terms of section 7(11) of the Public Protector Act, 1994(Act No. 23 of 1994), hereby publish for public comment the draft Rules in the Schedule.
Interested persons are invited to submit within 30 days from the date of publication of this notice, their written comments on these draft rules relating to investigations by the Public Protector and incidental matters.
<fn>GOV-ZA.2010091501En.2012-02-10.en.txt</fn>
Finance Minister Pravin Gordhan will present the Medium Term Budget to Policy Statement (MTBPS) to Parliament on 27 October 2010.
Lock-ups have been arranged for journalists in both Cape Town and Pretoria, allowing access to the MTBPS documents prior to the Minister's address in Parliament. The information contained in the documents will be under embargo until Minister Gordhan begins speaking in Parliament. To maintain the integrity of the lock-up arrangements, it is important that no information is leaked prior to the lifting of the embargo, as this would seriously jeopardise future arrangements for all concerned.
Journalists attending the Cape Town lock up must confirm their details with Kershia Singh (012 315 5819 or kershia.singh@treasury.gov.za), and those attending the Pretoria lock-up with Xolisa Dodo (012 395 6697 or xolisa.dodo@treasury.gov.za) by no later than 18 October 2010. Journalists will also be expected to sign for the MTBPS documents on the day as proof that they accept and will comply with the conditions of the lock-up.
No communication by journalists is allowed during the lock-up, including by telephone, e-mail or any other means. We therefore recommend that journalists who will not be working on the MTBPS story work from elsewhere.
Journalists should also note the following: ï· All office doors are to remain open at all times. ï· Stories can be transmitted to editors ONLY from 13:00 (with full observation of the embargo). ï· Cellphones must be switched off, placed in an envelope and handed over to National Treasury officials.
ï· E-mails cannot be sent during the lock-up and landline phones must be off the hook and should not be used under any circumstances.
ï· You cannot use any device that can send out any form of communication.
Street, Cape Town. Journalists will be escorted to the venue.
ï· National Treasury officials will be available in case of any emergencies.
Refreshments will be served at 08:30 and 12:30. The lock-up will end when Finance Minister Pravin Gordhan starts his address in Parliament.
All documentation will be available on www. treasury.gov.
<fn>GOV-ZA.2010092101En.2012-02-10.en.txt</fn>
The International Monetary Fund (IMF) today released its 2010 Article IV Staff Report. This report is an assessment of South Africa's macroeconomic conditions, including developments in the monetary, fiscal and financial sectors of the economy. The IMF conducts regular consultations with its member countries to discuss the national and international consequences of their economic and financial policies, to fulfill its global economic and financial surveillance objectives (as required under Article IV of its Articles of Agreement). To conduct their analysis, IMF economists visit country authorities, private sector representatives, unions and academics.
Cabinet considered the report compiled by the IMF Staff Mission following their Article IV Consultation with South Africa on 5-8 May 2010.
The IMF report forecasts that the South African economy will grow by 3.25 percent in 2010. This is more optimistic than the latest growth forecast by South African Reserve Bank of 2.8 percent for the whole of 2010. In the medium term, the IMF sees growth reaching 4.5 percent and the output gap being closed by around 2014. The output gap rate at which it can grow.
However, the IMF report also points to downside risks, the main risk being the impact on the South African economy of an interruption in the global economic recovery. In particular, the weakness of the Euro zone poses considerable risks to South Africa's economy. The speed of economic recovery in the country's major trading partners may also impact on the sectoral composition of South Africa's economic growth, with major implications for job creation. The country's exports to the Euro zone are dominated by manufactured goods while exports to China, for example, are dominated by commodities.
The IMF projects that employment levels are only likely to return to their 2008 peak by around 2015. However, if the economy grows at 5.5 - 6 percent a year, employment levels will return to their 2008 peak by 2013. South Africa therefore needs to raise its growth rate to 6 percent, with this growth being more labour intensive, if it is to create jobs on a large scale. This is in line with the recent statements by Finance Minister Pravin Gordhan that South Africa needs sustained growth of at least 7 percent a year over a 20 year period to significantly reduce unemployment and poverty.
On the management of capital inflows, the IMF report supports the flexible and floating exchange rate system but notes that the volatility of the rand has been very high. This is accounted for by the fact that non-residents account for nearly 75 percent of the daily turnover of $10-$12 billion in the South African foreign exchange market. The size of the market and its dominance by non-residents limits the government's ability to influence the level of the rand.
The report notes that while increasing foreign exchange reserves may not have much effect on the level of exchange rate, it could be helpful in absorbing large shocks. Similarly, a small tax on inflows might help slow down the volume of inflows or change The IMF reinforces the prudent fiscal and monetary policies the South African government has been implementing since 2002. These policies cushioned the country's economy to some extent from the full impact of the global economic recession. Now that the recession is over, government can use the fiscal and monetary space to support the economic recovery.
The report commends South Africa for its solid regulation and the strength of its financial services sector, a point also noted by the 2010 Competitiveness Report published by the World Economic Forum this month.
The South African government welcomes opportunities to engage with organisations such as the IMF, the Organisation for Economic Cooperation and Development (OECD), the World Bank and others, which play an important role as independent evaluators of government's economic policies.
Though the government does not share all the views expressed in the IMF report, the report is a fair assessment of the economic conditions in South Africa. The government will consider the recommendations made by the IMF and other international organisations.
Many of the issues raised by the IMF report mirror the list of priorities that government is already addressing, including work on inclusive growth and policies aimed at tackling youth unemployment. Regarding the volatility of the currency, the Minister of Finance has on numerous occasions, including in the 2010 Budget, called for a stable and competitive real exchange rate. In addition, National Treasury has agreed to support the South African Reserve Bank to accumulate foreign exchange reserves. Government will A copy of the full report can be downloaded from the International Monetary Fund website (www.imf.org) or the National Treasury website (www.treasury.gov.za).
For media enquiries contact Jabulani Sikhakhane on (012) 315-5944.
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Cape Town has marked the countdown of 1000 days to the kick-off of the 2010 FIFA World Cup, with a youth street soccer tournament on the Grand Parade - which will be one of the main fan park viewing sites in 2010.
Zille said the two recent Newlands matches were highly successful and "Cape Town's reputation as a place which can fill soccer stadiums with well-behaved fans was enhanced".
According to Organising Committee figures, 10 400 direct jobs and 9800 annual jobs as a result of the multiplier effect, have been created from the construction of five new stadiums and a major upgrade to Soccer City.
URL: http://www.info.gov.za/speeches/2008/08043014151001.
URL: http://www.info.gov.za/speeches/2008/08102210151001.
The Minister of Social Development, Dr Zola Skweyiya has today, 17 March 2008, released a discussion document on the possible review of means tests undertaken to ascertain eligibility for social grants. Increasing the value of grants and expanding coverage should bring welcome respite to thousands of the poor currently excluded from eligibility for social grants by the stagnant means tests.
URL: http://www.info.gov.za/speeches/2008/08031809451002.
URL: http://www.info.gov.za/speeches/2008/08052217151006.
<fn>GOV-ZA.2010102301En.2012-02-10.en.txt</fn>
October 23, 2010 1.
We, the G20 Finance Ministers and Central Bank Governors, met with a sense of urgency to fully address the economic challenges facing us today in preparation for the Seoul Summit.
The global economic recovery continues to advance, albeit in a fragile and uneven way. Growth has been strong in many emerging market economies, but the pace of activity remains modest in many advanced economies. Downside risks remain and are different from country to country and region to region. Yet, given the high interdependence among our countries in the global economic and financial system, uncoordinated responses will lead to worse outcomes for everyone. Our cooperation is essential. We are all committed to play our part in achieving strong, sustainable and balanced growth in a collaborative and coordinated way.
in advanced countries, formulate and implement clear, credible, ambitious and growth-friendly medium-term fiscal consolidation plans in line with the Toronto Summit commitments, differentiated according to national circumstances.
move towards more market determined exchange rate systems that reflect underlying economic fundamentals and refrain from competitive devaluation of currencies. Advanced economies, including those with reserve currencies, will be vigilant against excess volatility and disorderly movements in exchange rates. These actions will help mitigate the risk of excessive volatility in capital flows facing some emerging countries. Together, we will reinvigorate our efforts to promote a stable and well-functioning international monetary system and call on the IMF to deepen its work in these areas.
continue to resist all forms of protectionist measures and seek to make significant progress to further reduce barriers to trade; and strengthen multilateral cooperation to promote external sustainability and pursue the full range of policies conducive to reducing excessive imbalances and maintaining current account imbalances at sustainable levels. Persistently large imbalances, assessed against indicative guidelines to be agreed, would warrant an assessment of their nature and the root causes of impediments to adjustment as part of the Mutual Assessment Process, recognizing the need to take into account national or regional circumstances, including large commodity producers. To support our efforts toward meeting these commitments, we call on the IMF to provide an assessment as part of the MAP on the progress toward external sustainability and the consistency of fiscal, monetary, financial sector, structural, exchange rate and other policies.
Building on the success of the Toronto Summit, the Framework for Strong, Sustainable and Balanced Growth was refined, with the mutual assessment process carried out at country-level to tackle both short and medium term challenges. Informed by the IMF, the World Bank, the OECD, the ILO and other international organizations' analyses, the Framework provided a solid and practical platform for international cooperation to take place. In response to the tough challenges facing the global economy, we are developing a comprehensive action plan to mitigate risks and achieve our shared objectives. We will submit this action plan for consideration by our Leaders at the November 2010 Seoul Summit. Recognizing the benefits of the Framework, we agreed to recommend to Leaders that the country-led and consultative Framework process should continue beyond the Seoul Summit.
We have made significant strides since the adoption of the Action Plan to Implement Principles for Reform at the Washington Summit in November 2008, with support from the FSB. We are committed to take action at the national and international level to raise standards, so that our national authorities implement global standards consistently, in a way that ensures a level playing field and avoids fragmentation of markets, protectionism and regulatory arbitrage.
Welcome and commit to fully implement within the agreed timeframe the new bank capital and liquidity framework drawn up by the Basel Committee and the Governors and Heads Of Supervision.
Endorsement of the FSB's recommendations to increase supervisory intensity and effectiveness.
Endorsement of the policy framework, work processes and timelines proposed by the FSB to mitigate the risks posed by Systemically Important Financial Institutions and address the 'toobig-to-fail' problems.
Commitment to implement all aspects of the G20 financial regulation agenda, in an internationally consistent and non-discriminatory manner, including the commitments on OTC derivatives, compensation practices and accounting standards and FSB principles on reducing reliance on credit rating agencies.
Further work on macro-prudential policy frameworks, including tools to help mitigate the impact of excessive capital flows; the reflection of the perspective of emerging market economies in financial regulatory reforms, including through increased outreach; commodity derivative markets; shadow banking; and market integrity.
Pursue our work decisively to tackle Non-Cooperative Jurisdictions.
We have reached agreement on an ambitious set of proposals to reform the IMF's quota and governance that will help deliver a more effective, credible and legitimate IMF and enable the IMF to play its role in supporting the operation of the international monetary and financial system. These proposals will deliver on the objectives agreed in Pittsburgh and go even further in a number of areas.
shifts in quota shares to dynamic EMDCs and to underrepresented countries of over 6%, while protecting the voting share of the poorest, which we commit to work to complete by the Annual Meetings in 2012.
a doubling of quotas, with a corresponding roll-back of the NAB preserving relative shares, when the quota increase becomes effective.
continuing the dynamic process aimed at enhancing the voice and representation of EMDCs, including the poorest, through a comprehensive review of the formula by January 2013 to better reflect the economic weights; and through completion of the next regular review of quotas by January 2014.
greater representation for EMDCs at the Executive Board through 2 fewer advanced European chairs, and the possibility of a second alternate for all multi-country constituencies, and moving to an all-elected Board, along with a commitment by the Fund's membership to maintain the Board size at 24 chairs, and following the completion of the 14th General Review, a review of the Board's composition every 8 years.
We welcomed the recent reform of the IMF lending facilities, including the enhancement of the Flexible Credit Line and the establishment of the Precautionary Credit Line to strengthen the global financial safety nets. We call on the IMF to continue its work to further improve the global capacity to cope with shocks of a systemic nature.
We look forward to the multi-year action plan of the G-20 Working Group on Development to promote inclusive and sustainable economic growth and resilience in developing countries. We are committed to meeting the Millennium Development Goals by 2015 and will reinforce our efforts to this end, including through the use of the Official Development Assistance. We reaffirm our commitment to an ambitious replenishment of the World Bank's International Development Association. We welcomed the progress of the Global Agriculture and Food Security Program in rapidly scaling up agriculture assistance in several developing countries and invite further contributions.
We welcomed a set of actions identified to improve access to financial services for the poor and SMEs. We welcomed the strong response to the SME Finance Challenge and look forward to the announcement of the innovative winning entries at the Seoul Summit. We agreed to develop a funding framework to support the effective implementation of the winning proposals of the SME Finance Challenge. We agreed that a global consultative mechanism is needed to maximize the impact of the work on financial inclusion and enhance coordination amongst different initiatives and stakeholders.
We noted the progress made on rationalizing and phasing out inefficient fossil fuel subsidies and promoting energy market transparency and stability and agreed to monitor and assess progress towards this commitment at the Seoul Summit.
Recognizing the importance of enhancing public-private partnership to promote economic growth beyond the crisis, we welcome the work done by the 12 Seoul G20 Business Summit Working Groups.
We thanked Korea for hosting the Finance Ministers and Central Bank Governors meetings this year and welcomed France as chair in 2011.
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Government continues to recognise Eskom's critical role in the economy and the need to maintain energy security. For this reason it is imperative that Eskom complete its planned build programme, while sustaining a solid investment grade credit rating.
Government has approved the increase in Eskom guarantees to R350 billion. The R350 billion includes the R175.97 billion worth of guarantees announced in February 2009. The guarantees are also in addition to the R60 billion subordinated loan from Government which was approved in July 2008.
As per the existing guarantees, Government's rights will be subordinated to those of other lenders and commercial creditors. This commitment by government has broader positive implications in that it results in an overall credit enhancement, which benefits un-guaranteed lenders.
If required, government would have the option to either repay the debt in its entirety or step into the shoes of Eskom and continue to make payments on Eskom's behalf.
An annual limit, determined by Eskom's cash flow requirements, will be set on the debt that Eskom can issue each year under the guarantees.
The guarantee will enable Eskom to continue the capacity expansion programme it has committed to over the next seven years, including the Medupi, Kusile and Ingula power stations as well as the associated transmission infrastructure. The guarantees will deepen financing options available to Eskom and reduce its cost of funding.
The issuance of the guarantees are a result of Eskom's changed funding needs emanating from the lower than anticipated tariff increases that were approved by NERSA. The support that Government provides to Eskom has enabled the smoothing of electricity tariff increases. However, it must be recognised that ultimately tariffs need to increase to fully reflect costs. The assistance provided to Eskom is only one of the measures that Government is taking to ensure long term energy security. The planned increased generation capacity from the Medupi and Kusile coal-fired station will be supplemented by Independent Power Producers (IPPs) with a particular emphasis on renewable energy generation in order to change the country's energy mix.
With the inclusion of the extended guarantee to Eskom, Government's fiscal sustainability measured as net debt, provisions and contingent liabilities as a percentage of GDP is estimated to rise from 48.6% in 2010/11 to a peak of 55.0% in 2012/13, after which it declines.
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Section 214 of the Constitution requires that government ensures a transparent and equitable system to divide nationally-raised revenue between the three spheres of government. The main budget announces government spending for the next financial year and preliminary allocations for the two subsequent years. In the middle of each year, the adjustments process provides an opportunity to revise the main budget in response to changes that have affected planned government spending for that year.
The Money Bills Amendment Procedure and Related Matters Act requires that the Minister of Finance tables a division of revenue amendment bill with the revised fiscal framework if the adjustments budget effects changes to the Division of Revenue Act for the relevant year. The Division of Revenue Amendment Bill tabled in this House together with the Medium Term Budget Policy Statement and Adjustments Appropriation Bill on 27 October 2010 will, for the first time, be processed in terms of the Money Bills Amendment Procedure and Related Matters Act. The Division of Revenue Amendment Bill and its underlying allocations are the culmination of extensive consultation processes between national, provincial and local government.
The 2010 Division of Revenue Act covers in detail all transfers to be made to provinces and municipalities over the next three years. The schedules attached to the Division of Revenue Amendment Bill replace the schedules to the 2010 Division of Revenue Act with respect to this (2010/11) year so as to reflect the updated allocations that take account of adjustments made through the adjustments budget process, and to account for shifts, virements and corrections in the schedules of transfers tabled with the 2010 Division of Revenue Bill. The transfers for the two outer years of the MTEF are not changed and preliminary adjustments to those transfers and the transfers for 2013/14 are shown in the Medium Term Budget Policy Statement.
The Division of Revenue Amendment Bill is tabled in the face of ongoing global economic uncertainty. Even with the benefit of higher than forecast government revenues, there is still a significant need for prudence. Members are reminded that levels of government expenditure before the 2008 financial crisis have been maintained, but this was made possible through increased debt.
The adjustments budget makes provision for an additional R7.2 billion to the 2010 Budget. This consists of rollovers, unforeseeable and unavoidable expenditure, higher than expected personnel remuneration costs, self-financing expenditure and a savings made in state debt costs. A R6 billion contingency reserve that was set aside and projected savings of R3.6 billion at the national level means total estimated spending decreases by R2.5 billion. National departments will receive an additional R2.6 billion, provinces R6.1 billion, and municipalities R493 million.
Mister speaker, national departments and provinces were told to budget for salary increases of 5.3 per cent and not instructed to budget for an increase to the housing allowance. The wage agreement reached was higher than 5.3 per cent and also included a R300 per month increase in the housing allowance. The difference between what was forecast and the agreement has required an adjustment of R6.2 billion. R2.4 billion is added for national departments and R3.8 billion is added to the provincial equitable share to cover higher remuneration costs.
Adjustments to provincial transfers cater for a limited number of the many spending pressures that exist in provincial budgets. These are as follows: ï· R4.2 billion is added to the Provincial Equitable Share, with R3.8 billion for the wage agreements discussed already. A further R350 million is added for health therapeutic and Annexure A Doctor OSD agreements in health.
ï· R31.3 million is added to the FET Colleges Grant to cover the cost of wage agreements.
ï· R769 million is added to the Devolution of Property Rates fund grant as additional information about property ownerships and rates have become available.
ï· R40 million is added to the Comprehensive HIV and Aids Programme Grant to provide for increased demand for male circumcision. This demonstrates government's continued commitment to step up its effort to deal with HIV and Aids decisively.
ï· Lastly, the R214 million is allocated to the Provincial Infrastructure Disaster Relief Grant to repair roads damaged by floods in 2009/10 and R50 million is allocated to the Agriculture Disaster Relief Grant to cover the cost of animal feed in drought stricken areas.
R10.1 billion to the Local Government Fiscal Framework.
ï· R391 million is added to the local government equitable share to allow the rollover of funds previously held back due to unspent conditional grants. Members are reminded of the context of these withheld unspent conditional grants. It is critical that municipalities use their conditional grants effectively to achieve the developmental goals the grants are aimed at achieving. I trust that this house will use its oversight responsibilities to ensure this action is not repeated.
ï· R92 million is added to Disaster Relief Grants for drought relief to Mossel Bay Municipality.
ï· R10 million in rollovers are added to the water services operating subsidy grants.
Honourable Speaker, allow me to express my appreciation to the Minister of Finance Mr. Pravin Gordhan for his sound leadership, to National Treasury Director-General Mr. Lesetja Kganyago and his team for the sterling work in putting together this Division of Revenue Amendment Bill, and to the Standing Committee on Appropriations, under the steady hand of the Honourable Elliot Mshiyeni Sogoni, for the contributions in the process of this Division of Revenue Amendment Bill.
Honorable Speaker, it is clear that the allocations contained in this year's Division of Revenue Amendment Bill should put government in a better position to deal with the additional pressures placed on their 2010 Budgets that were not known when the 2010 Budget was presented.
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South Africa is very concerned about this week's decision by the United States of America (USA) to launch a second round of buying government bonds. Developing countries, including South Africa, will bear the brunt of the US decision to open its flood gates without due consideration of the consequences for other nations.
We are also disappointed that this unilateral step was taken a week before leaders of the Group of 20 nations meet in Seoul, South Korea, to find a multilateral solution to repair the global economy. The USA's decision undermines the spirit of multilateral cooperation that G20 leaders have fought so hard to maintain during the current crisis. It also runs contrary to the spirit in which G20 Finance Ministers and Central Bank Governors met recently in South Korea, where they agreed that, given the high interdependence among nations in the global economic and financial system, uncoordinated responses would lead to worse outcomes for everyone. They also undertook to "move towards more market determined exchange rate systems that reflect underlying economic fundamentals and refrain from competitive devaluation of currencies".
The move by the USA will force developing nations to take more steps to mitigate the impact of the increased flows into their financial markets. As has been the case so far, most of the $600 billion that the Federal Reserve will pump into the USA's economy will find its way into the financial markets of emerging market countries, where these dollar flows will have the effect of strengthening emerging market currencies, with devastating consequences for exports from developing countries.
If we are to repair the global economy, all nations must find the right balance between measures aimed at protecting national interests and globally coordinated policies.
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DESCRIPTION OF CATEGORY OF RECORDS AUTOMATICALLY AVAILABLE IN TERMS OF SECTION 15(1)(a) OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 MANNER OF ACCESS TO RECORDS (e.g.
<fn>GOV-ZA.2010110601En.2012-02-10.en.txt</fn>
It is with a deep sense of sadness that I have learnt of the death of Mr Charles Pillai, the Pension Funds Adjudicator (PFA).
Mr Pillai was the fourth Pension Funds Adjudicator, having taken office on 1 April 2010 after more than five years of service as the Financial Advisory and Intermediary Services (FAIS) Ombud. Appointed in terms of the Financial Advisory and Intermediary Services Act, Mr Pillai set up the FAIS Ombud's office and ensured its proper governance.
He distinguished himself as FAIS Ombud and brought international recognition to the Ombud's office through many groundbreaking determinations which positively changed the face of financial advice and intermediary services in South Africa.
During the short time he occupied the adjudicator's office, Mr Pillai brought the same degree of commitment and dedication to his position as he had as FAIS Ombud.
An experienced attorney with a strong constitutional and human rights background, Mr Pillai's commitment to watching out for the interests of the poor was best captured by his statement in the PFA's 2009/2010 annual report. "Uppermost in my mind is that this office exists with a very important core mandate, and that is to ensure that the ordinary worker has a forum to turn to in the event of any perceived or real threat to his or her retirement savings," Mr Pillai wrote.
On behalf of the South African government and the Ministry of Finance, I extend my heartfelt condolences to the Pillai family.
<fn>GOV-ZA.2010110801En.2012-02-10.en.txt</fn>
President Jacob Zuma leads the South African delegation attending the G20 Seoul Summit, taking place on 11 - 12 November in Seoul, Republic of Korea. Finance Minister Pravin Gordhan forms parts of this delegation, and will brief the media tomorrow on issues that South Africa will take to the Summit, ahead of the delegation's departure.
All media are invited to attend.
To confirm attendance, please contact Kershia Singh on 012 315 5819/072 623 4608 or on email kershia.singh@treasury.gov.
<fn>GOV-ZA.20101108gg33718nr58spestribunalsEn.2012-02-10.en.txt</fn>
unlawful or improper conduct by any person, which has caused or may cause serious harm to the interests of the public or any category thereof, which have taken place between 1 January 2005 and the date of publication of this Proclamation or which took place prior to 1 January 2005, but are connected with, or incidental to, the matters mentioned in the Schedule or involve the same persons, entities or contracts investigated under authority of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including the recovery of any losses suffered by the SABC, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Twenty- fifth day of October Two thousand and ten.
contracts awarded by the SABC, contrary to applicable laws, manuals, codes, policies, procedures, prescripts, guidelines, directives, instructions or practices of, or applicable to, the SABC or the SABC's personnel.
No: R. 58 Title: Special Investigation Units and Special Tribunal Act http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/...
manuals, policies, procedures, directives, instructions or practices of, or applicable to, the SABC.
<fn>GOV-ZA.20101108gg33718nr59spestribunalsEn.2012-02-10.en.txt</fn>
which have taken place between 1 January 2006 and the date of publication of this Proclamation or which took place prior to 1 January 2006, but are connected with or incidental to the matters mentioned in the Schedule or involve the same persons, entities or contracts investigated under authority of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including the recovery of any losses suffered by the College, in relation to the said matters in the Schedule.
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NOW, THEREFORE, I hereby, under section 2(1) of the Act, refer the matters mentioned in the Schedule, in respect of the Municipality, for investigation to the Special Investigating Unit established by Proclamation No. R.
unlawful or improper conduct by any person, which has caused or may cause serious harm to the interests of the public or any category thereof, which have taken place between 1 January 2007 and the date of publication of this Proclamation or which took place prior to 1 January 2007, but are connected with or incidental to the matters mentioned in the Schedule or involve the same persons, entities or contracts investigated under authority of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including the recovery of any losses suffered by the Municipality, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Thirty-first day of October Two thousand and ten.
by or through the intervention of councillors, officials or employees of the Municipality with undeclared or unauthorised conflicts of interest; or into positions that they are not qualified or otherwise best suited for.
calculate residual values or depreciation of fixed assets; or prevent the occurrence of net losses or liabilities exceeding assets.
the payment of remuneration, allowances or other benefits to councillors, officials or employees of the Municipality that were not due, owing or payable or that were in excess of stipulated limits; or the remuneration of persons in senior posts outside the approved post establishment of the Municipality.
contrary to manuals, codes, policies, procedures, prescripts, instructions or practices of or applicable to the Municipality; or conducted or facilitated by or through the intervention of councillors, officials or employees of the Municipality with undeclared or unauthorised conflicts of interest.
the failure to pay the debts of the Municipality timeously or at all; or the failure to deduct or pay over Unemployment Insurance Fund contributions in respect of persons remunerated by the Municipality.
Interference by the City Manager of the Municipality in pending disciplinary proceedings against officials or employees of the Municipality or the City Manager's failure to institute well founded disciplinary or other appropriate proceedings against officials or employees of the Municipality.
<fn>GOV-ZA.20101108gg33744p63spestribunalsEn.2012-02-10.en.txt</fn>
offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, and which offences were committed in connection with the affairs of the Municipality; or which have taken place between 1 January 2007 and the date of publication of this Proclamation or which took place prior to 1 January 2007, but are connected with or incidental to the matters mentioned in the Schedule or involve the same persons, entities or contracts investigated under authority of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including the recovery of any losses suffered by the Municipality, in relation to the said matters in the Schedule.
No: R. 63 Title: Special Investigating Units and Special Tribunals Act http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/...
The procurement of goods, works or services by or on behalf of the Municipality based on material misrepresentations made by contractors, suppliers, service providers or bidders with regard to any preference to be afforded to them in terms of the supply chain management or procurement processes, and payments made in respect thereof.
<fn>GOV-ZA.2010111201En.2012-02-10.en.txt</fn>
Time: 11.30am TIME IS NOW 1.
There will also be a link-up to the Imbizo Media Centre in Cape Town (at 120 Plein Street).
<fn>GOV-ZA.2010111801En.2012-02-10.en.txt</fn>
Published by the National Treasury in terms of Section 32 of the Public Finance Management Act, 1999 (PFMA) on 29 October 2010, the provincial budget statement of receipts and payments covers spending for the first six months (April-September 2010) of the 2010/11 financial year. The statement is available on the treasury website at www.treasury.gov.za.
The information is sourced from the Section 40(4) PFMA reports submitted by the heads of provincial departments to provincial treasuries, who, in turn, had to submit the information to the National Treasury by 22 October 2010. Queries on spending or budget numbers should therefore, in the first instance, be referred to the head of the relevant provincial department, and in the second instance, to the head of the relevant provincial treasury. Queries on conditional grants may be referred to the head of the administering national department.
Higher than budgeted for personnel remuneration increases, including the increased housing allowance.
Occupation Specific Dispensation payments for the provincial health sector.
Expenditure for the Devolution of Property Rate Funds grant in provinces.
Expenditure for the Comprehensive HIV and Aids programme to meet the increased demand for male circumcision.
Expenses relating to disasters and other emergencies in KwaZulu-Natal and the Western Cape.
To cover the shortfalls mentioned above, the 2010 Adjusted Estimates of National Expenditure and the 2010 Medium Term Budget Policy Statement tabled on 27 October 2010, proposed additional adjustments to the allocations made to provinces in the 2010 Budget. These documents are available on the treasury website at www.treasury.gov.za.
The additional adjustments will be concluded after the provinces table their 2010 adjusted estimates during November 2010.
In aggregate, provinces spent R152.6 billion, or 46.3 per cent, of their main budgets of R329.8 billion for the first half of the 2010/11 financial year. This represents a spending increase of 4.9 per cent or R7.1 billion compared to the same period last year when provinces had spent R145.5 billion.
Education expenditure totalled R65.5 billion, or 47.6 per cent, of the R137.
(41.7 per cent). This is an increase of 11.1 per cent, or R6.5 billion, on the same period last year.
Health expenditure totalled R46.3 billion, or 47.1 per cent, of the R98.4 billion combined health budgets and is the second largest item on provincial budgets (29.8 per cent). This is an increase of 9.1 per cent or R3.9 billion on the same period last year.
Social development spending is recorded at R4.3 billion, or 42.3 per cent, of the R10.2 billion social development budgets.
Personnel expenditure, in aggregate, is at R91.6 billion, or 49.3 per cent, of the budgeted R185.7 billion.
In aggregate, provinces spent R8.4 billion, or 33.1 per cent, of their R25.4 billion combined capital budgets. This is a decline of 23.5 per cent when compared to the same period in 2009/10.
Provincial education departments spent R2.1 billion, or 29.4 per cent, of the budgeted R7.2 billion for capital expenditure. This is 33.3 per cent or R1 billion less than what was spent the previous financial year.
Provincial health departments spent R3 billion, or 33.6 per cent, of the budgeted R8.8 billion for capital expenditure, which is R253.1 million, or 7.9 per cent, less than the same period for 2009/10.
The second biggest share (29 percent) of provincial capital budgets after health, is for public works, roads and transport departments which spent R2.8 billion, or 37.9 per cent, of the total capital budget of R7.4 billion.
Provincial own revenue collected thus far is at R4.8 billion, or 50.3 per cent, of the budgeted own revenue of R9.5 billion. At the half-year mark, national government had transferred to provinces R130.5 billion of the equitable share and R31.3 billion of conditional grants to provinces.
A detailed analysis of the expenditure outcome as at 30 September 2010 is set out in Annexure A, which also includes a comparative analysis of spending for the same period over the 2009/10 financial year.
The budgeted figures for provinces are based on the 2010/11 estimates of provincial revenue and expenditure documents (main budgets) tabled in the provincial legislatures during February and March 2010.
Table 1 indicates that provinces have spent R152.6 billion, or 46.3 per cent, of the budgeted expenditure of R329.8 billion for the first six months of the current financial year. Spending against budgets is lower in percentage terms compared to the same period for the 2009/10 financial year when it stood at 50.2 per cent. However, spending in nominal terms, is 4.9 per cent, or R7.1 billion, higher than last year, when provinces spent R145.5 billion.
Among provinces, spending is lowest in the Free State (43 percent of the budget) and North West (43.3 per cent) and highest in the Eastern Cape at 48.8 per cent and Gauteng at 48.7 per cent.
Eastern Cape 38 703 055 5 871 753 3 648 987 - 48 223 795 19 561 046 2 772 459 1 188 833 97 23 522 435 48.
Free State 15 990 595 3 379 994 2 010 425 - 21 381 014 7 380 292 1 347 598 458 474 3 116 9 189 480 43.
Northern Cape 7 098 874 1 021 776 1 041 856 - 9 162 506 3 288 300 511 157 389 875 4 4 189 336 45.
North West 16 586 756 3 906 870 1 620 731 21 22 114 378 7 549 218 1 449 758 580 351 - 9 579 327 43.
Western Cape 24 889 882 5 868 902 2 478 975 3 733 33 241 492 11 518 493 2 701 163 1 023 364 1 756 15 244 776 45.
Total 255 339 966 48 708 211 25 426 101 336 192 329 810 470 120 697 477 23 298 614 8 415 819 200 209 152 612 119 46.
Provinces have budgeted R246.1 billion for social services, including education, health and social development.
Education 137 438 683 65 486 717 47.6% 42.9% 56.4% 58 967 356 11.
Health 98 380 858 46 314 554 47.1% 30.3% 39.9% 42 437 136 9.
Social Development 10 235 907 4 331 775 42.3% 2.8% 3.7% 4 124 508 5.
Total 246 055 448 116 133 046 47.2% 76.1% 100.0% 105 529 000 10.
Spending on social services is recorded at R116.1 billion, or 47.2 per cent, of the total provincial social services budgets for the first six months of 2010/11.
Education budgets of R137.4 billion comprise 41.7 per cent of total provincial budgets. Table 3 indicates that education expenditure is at 47.6 per cent or R65.5 billion of the total education budget, an increase of 11.1 per cent, or R6.5 billion, on the R59 billion spent over the same period in 2009/10.
Spending by provinces on education ranges from the lowest rate, 43.8 per cent in North West, Free State at 46.1 per cent, to the highest in KwaZulu-Natal at 49.8 per cent, followed by the Eastern Cape at 48.5 per cent.
Eastern Cape 22 679 786 11 002 530 48.5% 46.8% 59.4% 10 074 114 9.
Free State 8 539 463 3 936 176 46.1% 42.8% 57.1% 3 690 358 6.
Northern Cape 3 457 789 1 619 520 46.8% 38.7% 52.7% 1 505 509 7.
North West 9 050 791 3 960 294 43.8% 41.3% 57.8% 3 978 488 -0.
Western Cape 11 845 691 5 480 441 46.3% 35.9% 46.6% 4 855 698 12.
Total 137 438 683 65 486 717 47.6% 42.9% 56.4% 58 967 356 11.
Spending on goods and services (including learner and teacher support materials) in education is recorded at R4.7 billion, or 31.8 per cent, of the budgeted amount of R14.7 billion. It comprises approximately 10.7 per cent of total provincial education budgets.
Eastern Cape 17 372 413 9 120 530 52.5% 60.2% 82.9% 7 491 582 21.
Free State 6 666 435 3 214 562 48.2% 54.9% 81.7% 2 705 970 18.
Northern Cape 2 674 086 1 281 023 47.9% 54.7% 79.1% 1 121 315 14.
North West 6 814 710 3 322 682 48.8% 56.3% 83.9% 2 864 311 16.
Western Cape 9 107 962 4 327 074 47.5% 51.2% 79.0% 3 626 979 19.
Total 104 643 150 52 441 831 50.1% 57.2% 80.1% 43 692 112 20.
The bulk of education expenditure is on personnel (80.1 per cent). Current spending on education personnel amounts to R52.4 billion, or 50.1 per cent, of the R104.6 billion budgeted for personnel (table 4).
47.5 percent in Western Cape, to the highest in Eastern Cape at 52.5 percent of the budget for the year.
Education capital expenditure is at R2.1 billion, or 29.4 per cent, of the R7.2 billion budget. This is significantly lower than the spending over the same period of the previous financial year.
Eastern Cape 1 253 894 205 829 16.4% 17.3% 1.9% 612 675 -66.
Free State 305 929 38 470 12.6% 8.4% 1.0% 286 853 -86.
Northern Cape 69 753 33 037 47.4% 8.5% 2.0% 46 746 -29.
North West 294 276 73 871 25.1% 12.7% 1.9% 199 781 -63.
Western Cape 315 552 126 242 40.0% 12.3% 2.3% 129 252 -2.
Total 7 151 658 2 103 487 29.4% 25.0% 3.2% 3 152 630 -33.
Spending on education capital expenditure ranges from the lowest, 12.6 percent in the Free State, to the highest, 47.4 percent, in the Northern Cape.
Eastern Cape 13 340 872 6 824 833 51.2% 29.0% 36.8% 6 522 030 4.
Free State 6 151 710 2 638 778 42.9% 28.7% 38.3% 2 336 570 12.
Northern Cape 2 657 301 1 234 107 46.4% 29.5% 40.1% 1 096 312 12.
North West 5 582 752 2 598 407 46.5% 27.1% 37.9% 2 504 604 3.
Western Cape 11 962 863 5 716 193 47.8% 37.5% 48.6% 4 812 153 18.
Total 98 380 858 46 314 554 47.1% 30.3% 39.9% 42 437 136 9.
Table 6 indicates that, at R46.3 billion, or 47.1 per cent, of the total health budget, health expenditure increased 9.1 per cent, or R3.9 billion, on the same period in 2009/10.
42.9 per cent and 43.5 per cent respectively. The highest shares are recorded by the Eastern Cape at 51.2 per cent and Gauteng at 49.7 per cent.
Table 7 indicates that health personnel expenditure is R27.4 billion, or 49.3 per cent, of the total health personnel budget, an increase of R4.6 billion, or 20.2 per cent, on the R22.8 billion spent over the same period in 2009/10.
Eastern Cape 7 919 339 4 040 962 51.0% 26.7% 59.2% 3 625 615 11.
Free State 3 575 952 1 754 509 49.1% 29.9% 66.5% 1 413 030 24.
Northern Cape 1 167 528 570 013 48.8% 24.3% 46.2% 460 405 23.
North West 3 026 617 1 526 206 50.4% 25.9% 58.7% 1 298 754 17.
Western Cape 6 609 793 3 178 541 48.1% 37.6% 55.6% 2 598 649 22.
Total 55 597 173 27 436 957 49.3% 29.9% 59.2% 22 833 952 20.
Spending on non-personnel non-capital items in health, which includes medicines, drugs and other current expenditure, is at R15.9 billion, or 46.9 per cent, of the R33.9 billion budget.
Capital expenditure in the health sector is at R3 billion, or 33.6 per cent, a decrease of R253.1 million, or 7.9 per cent, on the R3.2 billion spent over the same period last year.
Eastern Cape 1 282 012 448 623 35.0% 37.7% 6.6% 479 966 -6.
Free State 617 943 92 427 15.0% 20.2% 3.5% 135 070 -31.
Northern Cape 478 298 162 437 34.0% 41.7% 13.2% 195 435 -16.
North West 419 345 230 397 54.9% 39.7% 8.9% 338 649 -32.
Western Cape 906 687 377 968 41.7% 36.9% 6.6% 295 704 27.
Total 8 838 092 2 970 751 33.6% 35.3% 6.4% 3 223 850 -7.
Spending by provinces varied, with the lowest rate of health capital expenditure being in the Free State at 15 per cent, KwaZulu-Natal at 29.8 per cent, and the highest being the North West and Western Cape at 54.9 per cent and 41.7 per cent respectively.
At R10.2 billion, the social development budget comprises 3.1 per cent of total provincial budgets.
Provinces registered spending of R4.3 billion, or 42.3 per cent, of the total R10.2 billion budget. This represents an increase of R207.3 million, or 5 per cent, on the R4.1 billion spent over the same period last year.
There are varying degrees of spending among provinces , the lowest being KwaZulu-Natal at 36.5 per cent and Gauteng at 37.8 per cent while the highest are Limpopo at 52 per cent and Northern Cape at 47.6 per cent.
Eastern Cape 1 560 151 710 865 45.6% 3.0% 3.8% 654 217 8.
Free State 721 690 322 503 44.7% 3.5% 4.7% 308 433 4.
Northern Cape 464 212 220 945 47.6% 5.3% 7.2% 174 858 26.
North West 749 875 294 329 39.3% 3.1% 4.3% 285 568 3.
Western Cape 1 219 287 567 618 46.6% 3.7% 4.8% 522 948 8.
Total 10 235 907 4 331 775 42.3% 2.8% 3.7% 4 124 508 5.
Human settlements and local government budgets at R20.8 billion comprise 6.3 per cent of total provincial budgets.
Spending by human settlements and local government was R8 billion, or 38.6 per cent, of the R20.8 billion budget. This represents a decrease of R1.4 billion, or 14.9 per cent, on the R9.4 billion spent over the same period last year.
Spending levels by provinces varied, the lowest being the Free State at 26.
Eastern Cape 2 533 676 1 129 828 44.6% 4.8% 61.7% 1 166 547 -3.
Free State 1 684 961 449 440 26.7% 4.9% 54.2% 709 696 -36.
Northern Cape 493 017 267 359 54.2% 6.4% 60.7% 239 110 11.
North West 1 704 199 652 674 38.3% 6.8% 76.4% 572 196 14.
Western Cape 2 163 261 773 529 35.8% 5.1% 81.6% 792 420 -2.
Total 20 751 579 8 003 553 38.6% 5.2% 68.9% 9 405 129 -14.
54.2 per cent and Limpopo at 46.8 per cent.
Most of the human settlements and local government expenditure is from the Human Settlements Development conditional grant. Table 11 indicates that provinces spent R5.5 billion, or 36.7 per cent, of the R15 billion Human Settlements Development grant budget. These spending figures are R1.5 billion, or 21.5 per cent, lower than the same period last year.
Eastern Cape 1 598 646 696 692 43.6% 3.0% 12.6% 715 934 -2.
Free State 1 300 691 243 789 18.7% 2.7% 4.4% 587 058 -58.
Northern Cape 273 260 162 186 59.4% 3.9% 2.9% 140 683 15.
North West 1 288 770 498 597 38.7% 5.2% 9.0% 491 984 1.
Western Cape 1 868 843 630 978 33.8% 4.1% 11.4% 673 265 -6.
Total 15 026 763 5 516 907 36.7% 3.6% 100.0% 7 027 622 -21.
Personnel expenditure (compensation of employees) for the first six months of the 2010/11 financial year is at R91.6 billion, or 49.3 per cent, of the budgeted R185.7 billion..
Spending to date is R15 billion, or 19.5 per cent, higher than the R76.7 billion spent over the same period last year.
Eastern Cape 29 548 093 15 158 570 51.3% 64.4% 16.5% 12 928 192 17.
Free State 12 253 768 5 859 948 47.8% 63.8% 6.4% 4 874 779 20.
Northern Cape 4 912 419 2 342 466 47.7% 55.9% 2.6% 2 011 412 16.
North West 12 025 335 5 900 614 49.1% 61.6% 6.4% 4 964 107 18.
Western Cape 17 847 042 8 452 741 47.4% 55.4% 9.2% 7 048 725 19.
Total 185 714 062 91 616 777 49.3% 60.0% 100.0% 76 659 260 19.
47.4 per cent, while Gauteng and Eastern Cape recorded the highest at 51.5 per cent and 51.3 per cent respectively.
By the end of September 2010, provinces had spent R8.4 billion, or 33.1 per cent, of their R25.4 billion capital budgets ("payments for capital assets").
23.5 per cent compared to the same period in 2009/10.
Eastern Cape 3 648 987 1 188 833 32.6% 5.1% 14.1% 1 717 187 -30.
Free State 2 010 425 458 474 22.8% 5.0% 5.4% 824 360 -44.
Northern Cape 1 041 856 389 875 37.4% 9.3% 4.6% 395 118 -1.
North West 1 620 731 580 351 35.8% 6.1% 6.9% 1 107 121 -47.
Western Cape 2 478 975 1 023 364 41.3% 6.7% 12.2% 1 185 994 -13.
Total 25 426 101 8 415 819 33.1% 5.5% 100.0% 10 999 333 -23.
Table 13 provides capital spending information by province and shows low rates of spending in the Free State at 22.8 per cent and Limpopo at 26.2 per cent, and high rates in the Western Cape at 41.3 per cent and Mpumalanga at 38 per cent. However, in absolute terms, KwaZulu-Natal spent the most, with total spending of R2.4 billion followed by Eastern Cape at R1.2 billion and Western Cape at R1 billion.
Provincial education departments spent R2.1 billion, or 29.4 per cent, of their R7.2 billion education capital budgets. This is R1 billion, or 33.3 per cent, less than spending over the same period in previous financial year.
Provincial health departments spent R3 billion or 33.6 per cent of their R8.8 billion health capital budgets, which is R253.1 million, or 7.9 per cent, less than the same period for 2009/10.
At 29 per cent, public works, roads and transport departments has, after health, the second highest share of provincial capital budgets. The sector spent R2.8 billion, or 37.9 per cent, against its combined capital budgets of R7.4 billion.
The total conditional grant allocation is R61.9 billion (including Schedule 4 and 8 grants), with health making up the bulk at R19.9 billion.
Table 14 reflects spending by all provinces on conditional grant allocations as at 30 September 2010. It excludes expected conditional grant roll-overs from the 2009/10 financial year and spending on Schedule 4 grants. Schedule 4 grants specify allocations to provinces to supplement the funding of programmes or functions funded from provincial budgets. The Expanded Public Works Programme (EPWP) Incentive grant for the infrastructure sector (Schedule 8 grant) specifies incentives to provinces to meet targets for priority government programmes.
Revenue Act, 2010 Act No.
Total excluding Schedules 4,8 grants & Gautrain 32 038 734 16 506 022 12 209 140 38.
Against the total allocation of R32.5 billion (which excludes Schedules 4 and 8 grants) the rate of conditional grants spending amounts to R12.6 billion, or 38.9 per cent. Excluding the Gautrain Rapid Rail Link grant, the conditional grant expenditure amounts to R12.2 billion, or 38.1 per cent, of the total allocation of R32 billion.
EPWP grant for the Social Sector (3.
Technical Secondary Schools Recapitalisation (7.
Housing Disaster Relief (14.
HIV and Aids (Life Skills Education) (22.
Ilima/Letsema Projects (26.6 per cent) and Land Care Programme (28.8 per cent).
Table 15 indicates selected conditional grant spending rates as at 30 September 2010. It further indicates that at the half-way mark, five or more provinces had spent less than 35 per cent of the following grants: Land Care Programme, Community Library Services, HIV and Aids (Life Skills Education) and Hospital Revitalisation.
The table also indicates the number of provinces where spending of conditional grant budgets is at between 35 and 45 per cent, and where it is greater than 45 per cent.
Percentages represent actual expenditure of main budgets as published in the Division of Revenue Act, 2010 (Act No.1 of 2010).
Provincial revenue includes budgeted equitable share allocations of R261 billion, conditional grants of R61.9 billion and own revenue of R9.5 billion. The total provincial revenue received and collected to date is recorded at R166.5 billion, or 50.1 per cent, of total budgeted revenue of R332.3 billion.
National government transferred R130.5 billion, or 50 per cent, of the equitable share and R31.3 billion, or 50.6 per cent, in conditional grants to provinces within the first six months of the current financial year.
After six months, provinces have collected R4.8 billion, or 50.3 per cent, of the budgeted own revenue of R9.5 billion, which is 12 per cent or R509.3 million more than what was collected by the end of September for the previous financial year.
The collection rate varies from 37.9 per cent in North West and 42 per cent in Mpumalanga, to a high of 60.4 per cent in the Eastern Cape and 55.6 per cent in KwaZulu-Natal.
Eastern Cape 634 222 383 215 60.4% 1.6% 8.0% 419 450 -8.
Free State 647 411 358 412 55.4% 3.4% 7.5% 267 729 33.
Northern Cape 185 696 102 730 55.3% 2.2% 2.2% 84 574 21.
North West 610 361 231 181 37.9% 2.1% 4.8% 105 565 119.
Western Cape 1 687 817 900 204 53.3% 5.3% 18.9% 915 907 -1.
Total 9 478 864 4 771 147 50.3% 2.9% 100.0% 4 261 843 12.
<fn>GOV-ZA.20101119Gg33689Nr979ScaRulesEn.2012-02-10.en.txt</fn>
The Rules Board for Courts of Law has under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), with the approval of the Minister of Justice and Constitutional Development, made the rules in the Schedule.
In this schedule "the Rules" means the Rules of the Supreme Court of Appeal published under Government Notice No. R. 1523 of 27 November 1998.
"'President' means the President of the Court and, in his or her absence, includes the Deputy President of the Court;".
1 November to 30 November, inclusive.
A matter may be heard out of term if the [Chief Justice] President so directs.
If the day fixed for the commencement of a term is not a court day, the term shall commence on the next succeeding court day and, if the day fixed for the end of a term is not a court day, the term shall end on the business day preceding.
by the insertion before subrule (2) of the following subheading: "Exceptional cases".
(a) The registrar may refuse to accept any document tendered for lodging if, in the registrar's opinion, it does not comply with these rules: Provided that if proper copies of the rejected documents are submitted within 10 days of rejection, such lodging shall not be deemed untimely.
The registrar may provisionally accept, in lieu of the original document tendered for lodging, a copy (including a facsimile or other electronic copy) thereof, but the original shall be filed within 10 days thereafter.
The registrar may not accept documents in relation to an appeal on the date of the hearing of that appeal.
(a) A notice of appeal or the first application in an intended appeal shall be numbered by the registrar with a consecutive number for the year during which it is filed.
Every document lodged afterwards in such a case shall be marked with that number by the party lodging it and shall not be received by the registrar until so marked.
All the documents delivered to the registrar to be filed in a case shall be filed by a registrar in a case file under the number of such case.
The registrar shall maintain the Court's records and shall not permit any of them to be removed from the court building, except as authorised by the registrar.
Any document lodged with the registrar and made part of the Court's records shall not thereafter be withdrawn permanently from the official court files.
[Copies of any document forming part of the Court's records may be made by any person in the presence of the registrar: Provided that the registrar shall, at the request of a party, make a copy of a recorded order, settlement or judgment on payment of the prescribed court fees and the registrar shall certify that copy or photocopy to be a true copy of the original.
Documents filed for Court purposes are public documents and may be inspected by any person in the presence of the registrar.
Copies of any document forming part of the Court's records may be made by any person in the presence of the registrar.
If a dispute arises as to the correctness of any ruling by the registrar, the registrar shall refer the dispute to a judge for a final ruling.
Any communication directed to the President or any Judge must be done through the office of the registrar.
A power of attorney need not be filed, but the authority of a legal practitioner to act on behalf of any party may, within [one month] 10 days after it has come to the notice of any other party that the legal practitioner is so acting, or with the leave of the Court on good cause shown at any time before judgment, be disputed by notice, whereafter upon expiry of [one month] 10 days after service of the notice the legal practitioner shall no longer so act, unless a power of attorney is lodged with the registrar within that [month] period.
Every power of attorney shall be signed by or on behalf of the party giving it, and shall otherwise be executed according to law.
the State Attorney, any deputy state attorney or any professional assistant to the State Attorney, or any attorney instructed in writing or by telegram or facsimile by or on behalf of the State Attorney or a deputy state attorney in any matter in which the State Attorney or deputy state attorney is acting as such by virtue of any statute.
In every matter where leave to appeal is by law required of the Court, an application therefor shall be lodged in [duplicate] triplicate with the registrar within the time limits prescribed by that law.
Provided that the registrar may, on written request, extend the period for the filing of a copy of the judgment or judgments for a period not exceeding one month.
Every affidavit in answer to an application for leave to appeal shall be lodged in [duplicate] triplicate within one month after service of the application on the respondent.
An applicant who applied for leave to appeal shall, within 10 days after an affidavit referred to in subrule (3) has been received, be entitled to lodge an affidavit in reply dealing strictly only with new matters raised in the answer.
exceed, for the founding affidavit and answer 30 pages each and for the reply 10 pages.
additional copies of the application.
The party concerned shall lodge the required documents within the period prescribed by the registrar.
If the party concerned fails to comply with a direction by the registrar or fails to cure the defects in the application within the period directed, the [registrar shall refer the matter to the judges assigned to the application who may dispose of it in its incomplete form] application shall lapse.
by the insertion before subrule (2) of the following subheading: "Form or amount of security".
the respondent shall lodge with the registrar six copies of his or her main heads of argument within [two months] one month from the receipt of the appellant's heads of argument.
When the lodging of an application or record of appeal with the registrar does not allow the heads of argument to be lodged and served in terms of subrule (1), the applicant or appellant, as the case may be, shall file the same without delay and the respondent shall thereafter file the argument in answer as soon as possible.
(a) If the appellant fails to lodge heads of argument within the prescribed period or within the extended period, the appeal shall lapse.
party, and after hearing argument, make such order as it deems fit.
The heads of argument shall be clear, succinct and without unnecessary elaboration.
Each point should be numbered and be stated as concisely as the nature of the case allows and must be followed by a reference to the record or an authority in support of the point.
The heads of argument shall not contain lengthy quotations from the record or authorities.
The heads of argument must state, in respect of each authority cited, the proposition of law that the authority states, and if more than one authority is cited for a proposition the reason for citing the additional authorities must be stated.
References to authorities and the record shall not be general but to specific pages and paragraphs.
The heads of argument of the appellant shall [, if appropriate to the appeal,] be accompanied by a chronology table, duly cross-referenced, without argument.
If the respondent disputes the correctness of the chronology table in a material respect, the respondent's heads of argument shall be accompanied by the respondent's version of the chronology table.
The heads of argument shall be accompanied by a list of the authorities to be quoted in support of the argument and shall indicate with an asterisk the authorities to which particular reference will be made during the course of argument.
If any such authority is not readily available, copies of the text relied upon shall accompany the heads of argument in a separate volume.
The heads of argument shall define the form of order sought from the Court.
[If reliance is placed on subordinate legislation, a copy of such legislation.] A photocopy, or a printout from an electronic database, of those provisions of any statute, regulation, rule, ordinance or by-law directly at issue, shall accompany the heads of argument in a separate volume.
The heads of argument of any appellant or respondent shall not exceed 40 pages, unless a judge, on request, otherwise orders.
The heads of argument shall be clearly typed on stout A4 standard paper in double-spacing in black record ink, on one side of the paper only.
All annexures to the heads of argument shall be bound separately.
Heads of argument and annexures thereto shall be bound with plastic comb binders and card covers, white for the appellant and blue for the respondent.
Cross-appeals do not require a separate set of heads of argument. In all cases where there is an appeal and a cross-appeal, the appellant's main heads of argument under rule 10(1)(b) shall follow the same pattern.
Contents 10A.
a certificate signed by the legal practitioner responsible for the heads of argument that rules 10 and 10A(a) have been complied with.
give such directions in matters of practice, procedure and the disposal of any appeal, application or interlocutory matter as the [Chief Justice] President or the Court may consider just and expedient.
Any power or authority vesting in the [Chief Justice] President in terms of these rules may be exercised by a judge or judges designated by the [Chief Justice] President for that purpose.
11A. The Court may make an order for costs to be borne personally by any party or attorney or counsel if the hearing of the appeal is adversely affected by the failure of that party or his or her legal representative to comply with these rules.
In every matter where condonation is sought, the application shall be lodged in [duplicate] triplicate with the registrar.
Every affidavit in answer to an application for condonation shall be lodged in [duplicate] triplicate with the registrar within one month after service of the application on the respondent.
The applicant shall lodge with the registrar any reply in [duplicate] triplicate within 10 days of receipt of the answering affidavit.
deal with the merits of the case only in so far as is necessary for the purpose of explaining and supporting the particular grounds upon which the application is sought or opposed.
additional copies of the application, and the party concerned shall lodge with the registrar the required documents within the period prescribed.
If the applicant fails to comply with a direction by the Court or the registrar or to complete the application within the period prescribed, the [registrar shall refer the matter to the judges assigned to the application who may dispose of it in its incomplete form] application shall lapse.
The registrar shall, subject to the directions of the [Chief Justice] President, notify each party by registered letter of the date of hearing.
A registered letter forwarded to a party's last-known address shall be deemed to be sufficient notice of the date of the hearing.
If the applicant or appellant fails to appear at the date thus notified, the application or appeal shall be dismissed for non-prosecution, unless the Court otherwise directs.
if enrolment may clash with religious holidays which any of the legal representatives or parties in the case wish to observe.
by the insertion before subrule (2) of the following subheading: "Language".
"(4) Any party dissatisfied with a ruling of the registrar under this rule may apply to the [Chief Justice] President for a revision in chambers.".
Subject to this rule, any person interested in any matter before the Court may, with the written consent of all the parties in the matter before the Court given not later than the time specified in subrule (5), be admitted therein as an amicus curiae upon such terms and conditions and with such rights and privileges as may be agreed upon in writing with all the parties before the Court or as may be directed by the [Chief Justice] President in terms of subrule (3).
The written consent referred to in subrule (1) shall, within 10 days of it having been obtained, be lodged with the registrar and the amicus curiae shall, in addition to any other provision, comply with the times agreed upon for the lodging of written argument.
The [Chief Justice] President may amend the terms, conditions, rights and privileges agreed upon in terms of subrule (1).
If the written consent referred to in subrule (1) has not been secured, any person who has an interest in any matter before the Court may apply to the [Chief Justice] President to be admitted therein as an amicus curiae, and the [Chief Justice] President may grant such application upon such terms and conditions and with such rights and privileges as he or she may determine.
An application pursuant to the provisions of subrule (4) shall be made within one month after the record has been lodged with the registrar.
set out the submissions to be advanced by the amicus curiae, their relevance to the proceedings and his or her reasons for believing that the submissions will be useful to the Court and different from those of the other parties.
(a) An amicus curiae shall have the right to lodge written argument, provided that such written argument does not repeat any matter set forth in the argument of the other parties and raises new contentions which may be useful to the Court.
The heads of argument of an amicus curiae shall not exceed 20 pages unless a judge, on request, otherwise orders.
An amicus curiae shall be limited to the record on appeal and may not add thereto and, unless otherwise ordered by the Court, shall not present oral argument.
An order granting leave to be admitted as an amicus curiae shall specify the date of lodging the written argument of the amicus curiae or any other relevant matter.
An order of the Court dealing with costs may make provision for the payment of costs incurred by or as a result of the intervention of the amicus curiae.
16A. (1) The appellant shall inform the registrar immediately it becomes known that an appeal is to be postponed or has been settled.
An attorney who wishes to withdraw as attorney of record must comply with the procedure prescribed by Uniform rule 16(4).
Taxation 17.
The costs incurred in any appeal or application shall be taxed by the registrar who, when exercising this function, shall be called the taxing master, but his or her taxation shall be subject to review [of the court] in terms of subrule (3).
Value-added tax may be added to all costs, fees, disbursements and tariffs in respect of which value-added tax is chargeable.
Any party dissatisfied with the ruling of the taxing master as to any item or part of an item which was objected to or disallowed mero motu by the taxing master may within 20 days of the allocatur require the taxing master to state a case for the decision of the [court] President, which case shall set out each item or part of an item together with the grounds of objection advanced at the taxation, and shall embody any relevant findings of facts by the taxing master.
The taxing master shall supply a copy of the stated case to each of the parties who may within 15 days of receipt of the copy submit contentions in writing thereon, including grounds of objection not advanced at the taxation, in respect of any item or part of an item which was objected to before the taxing master or disallowed mero motu by the taxing master.
refer the case for decision to the Court.
Any further information to be supplied by the taxing master to the judge or judges must also be supplied to the parties who may within 10 days after receipt thereof, make written submissions thereon to the taxing master, who shall forthwith lay such information together with any submissions of the parties thereon before the judge or judges.
The judge, judges or court deciding the matter may make such order as to costs of the case as deemed fit, including an order that the unsuccessful party pay to the successful party the costs of review in a sum fixed by the judge, judges or Court.
These rules shall come into operation on 24 December 2010.
<fn>GOV-ZA.20101119Gg33763Nr1067PaiaEn.2012-02-10.en.txt</fn>
No: R. 1067 Title: Promotion of Access to Information Act (2/2000): D http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/...
ACT, 2000 BAG X9294;POLOKWANE;0700 1.
a. b. c. d. e. f. g. Annual Reports Budget Budget Speeches Service Standards and Norms Strategic Planning documents Publication and pamphlets Newsletters Hard copies; to gain access to the report a request should be made though the office of the Head of Department.
a. Tender documents Hard copies. To purchase a request must be made through Office of the Head of Department.
a. b. c. Policies Circulars of advertised posts MEC's public Speeches Hard copied.
a. Annual Reports b. Budget c. d. e. f. Budget Speeches Service Standards and Norms Strategic Planning documents Publication and pamphlets Hard copies. To access these records a request must be made through the Office of the Head of Department.
<fn>GOV-ZA.20101119gg33689nr980highcourtsEn.2012-02-10.en.txt</fn>
R.90 of 12 February 2010, R.500 of 11 June 2010 and R.591 of 9 July 2010.
(3) (a) The mode of attachment of immovable property shall be by notice in writing by the sheriff served upon the owner thereof, and upon the registrar of deeds or other officer charged with the registration of such immovable property, and if the property is in the occupation of some person other than the owner, also upon such occupier. [Any such notice as aforesaid shall be served by means of a registered letter, duly prepaid and posted addressed to the person intended to be served.
Any such notice as aforesaid shall be served according to the provisions of rule 4.
<fn>GOV-ZA.20101119gg33689nr981highcourtsEn.2012-02-10.en.txt</fn>
"(1) [The party in whose favour any judgment of the court has been pronounced] A judgment creditor may, at his or her own risk, sue out of the office of the registrar one or more writs for execution thereof [as near as may be in accordance] corresponding substantially with Form 18 of the First Schedule. [: Provided that, except where immovable property has been specially declared executable by the court or, in the case of a judgment granted in terms of rule 31 (5), by the registrar, no such process shall issue against the immovable property of any person until a return shall have been made of any process which may have been issued against his movable property, and the registrar perceives therefrom that the said person has not sufficient movable property to satisfy the writ.
[(i)] (b) A writ of execution against immovable property shall contain a full description of the nature and situation (including the address) of the immovable property to enable it to be traced and identified by the sheriff; and shall be accompanied by sufficient information to enable him or her to give effect to subrule (3) hereof.
No: R. 981 Title: Rules Board for Courts of Law Act (107/1985): Am http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/...
<fn>GOV-ZA.201011201213annualperformanceplanEn.2012-02-10.en.txt</fn>
The Annual Performance Plan is based on the fiveyear strategic plan 20092014. I am confident that the service delivery targets as indicated in the Annual Performance Plan will be met. Quarterly performance reviews will be undertaken in order to monitor performance and to ensure that the strategic goals and objectives of the Department are realized.
The Annual Performance provide us with the opportunity to measure the pace at which the commitments in the strategic plan are being implemented towards realizing the outcome of vibrant, equitable and sustainable rural communities contributing to food security for all.
Identification and profiling of two possible Comprehensive Rural Development Programme (CRDP) pilots in the Province.
We remain hopeful and confident that the interventions and strategic programmes of the Department will impact positively on the lives of farmers and rural communities.
Was developed by the management of the Department of Agriculture, Land Reform and Rural Development under the guidance of MEC GNJ Shushu.
The plan took into account all the relevant policies, legislation and other mandates for which the Department is responsible for. It further accurately reflects the strategic goals and objectives which the Department will endeavour to achieve over the period 20102015.
PART A: STRATEGIC OVERVIEW 7 1 Updated situational analysis 7 1.
2 Revisions to legislative and other mandates 8 3 Overview of 2009/10 budget and MTEF estimates 9 3.
4 Programme 1 - Administration 11 4.1 STRATEGIC OBJECTIVE ANNUAL TARGETS FOR 2010/11 4.2 PERFORMANCE INDICATORS AND ANNUAL TARGETS FOR 2010/11 4.3 QUARTERLY TARGETS FOR 2010/11 4.
5 Programme 2 - Sustainable Resource Management 23 5.1 STRATEGIC OBJECTIVE ANNUAL TARGETS FOR 2010/11 5.2 PERFORMANCE INDICATORS AND ANNUAL TARGETS FOR 2010/11 5.3 QUARTERLY TARGETS FOR 2010/11 5.
6 Programme 3 - Farmer Support and Development 28 6.1 STRATEGIC OBJECTIVE ANNUAL TARGETS FOR 2010/11 6.2 PERFORMANCE INDICATORS AND ANNUAL TARGETS FOR 2010/11 6.3 QUARTERLY TARGETS FOR 2010/11 6.
7 Programme 4 - Veterinary Services 36 7.1 STRATEGIC OBJECTIVE ANNUAL TARGETS FOR 2010/11 7.2 PERFORMANCE INDICATORS AND ANNUAL TARGETS FOR 2010/11 7.3 QUARTERLY TARGETS FOR 2010/11 7.
8 Programme 5 - Technology Research and Development Services 41 8.1 STRATEGIC OBJECTIVE ANNUAL TARGETS FOR 2010/11 8.2 PERFORMANCE INDICATORS AND ANNUAL TARGETS FOR 2010/11 8.3 QUARTERLY TARGETS FOR 2010/11 8.
9 Programme 6 - Agricultural Economics 9.1 STRATEGIC OBJECTIVE ANNUAL TARGETS FOR 2010/11 9.2 PERFORMANCE INDICATORS AND ANNUAL TARGETS FOR 2010/11 9.3 QUARTERLY TARGETS FOR 2010/11 9.4 RECONCILING PERFORMANCE TARGETS WITH THE BUDGET AND MTEF 48 10 Programme 7 - Rural Development and Farmer Settlement 10.1 STRATEGIC OBJECTIVE ANNUAL TARGETS FOR 2010/11 10.2 PERFORMANCE INDICATORS AND ANNUAL TARGETS FOR 2010/11 10.3 QUARTERLY TARGETS FOR 2010/11 10.4 RECONCILING PERFORMANCE TARGETS WITH THE BUDGET AND MTEF 54 1.
The global economic recession and high inputs costs led to increased food prices and job losses in the sector and ultimately consumers experiencing difficulties with regards to food affordability. The consumer price index report released by Statistics South Africa (Stats SA) in November 2009 indicated that food inflation was within the South African Reserve Bank's target inflation brackets at 5.3% year on year. From October 2008 to October 2009 the cost of a basic food basket increased by 10% in nominal terms. Consumer spending was shown to still be under pressure, and is expected to continue until at least mid 2010.
Rural development mandate and further identification of Riemvasmaak as a pilot project led to expectations raised throughout the province with other rural communities expecting immediate attention and assistance. High unemployment rate and the absence of development in the rural areas including demands on social security remain key.
The province continued to experience various agricultural related disasters such as Veldfires and outbreaks of animal diseases. Even though the department managed to assist the farmers, the anticipated change in the global climatic condition demands a clear plan to be developed with full participation of all role players.
The rural farmers in particular the emerging, small scale or subsistence farmers continued to demand services from the department regarding several programmes such as Nguni cattle, goats, and construction of relevant infrastructure for agricultural purposes, assistance with marketing of various products.
The challenge is that infrastructure in the sector has dilapidated over the years and needs to be revitalised. This includes the fencing and stock water in rural areas such as John Taolo Gaetsewe district and irrigation in the Vaalharts and Boegoeberg areas.
This led to several reprioritisations within the department in order to ensure better streamlining of resources.
The Organisational structure of the Department is currently being reviewed in line with the new mandates. This implies that new posts will be created with following on the functions identified.
The Department had a moderate vacancy rate in certain fields. Key among the causes is the continuous challenges with regard to recruiting and retaining scarce skills such as Veterinary Laboratory technologist, Engineers, Agricultural Economists, Scientists as a result of competition with private sector and other provinces.
The long distances travelled within the Province by the field officials had an impact on the cost of service delivery. More funds ultimately used to provide services to few clients.
The Department of Agriculture, Land Reform and Rural Development is an integral part of the South African Public Service established in terms of section 197 of the Constitution and read with section 7 (1) and 7 (2) of the Public Services Act of 1994.
Water Act, 1998 3.
Goal statement To ensure sound administration through providing strategic management guidance. To provide policy guidelines in line with the mandate of the department and to ensure legislative compliance. To create a conducive environment that will enable efficient service delivery and contribute towards effective anticorruption measures.
Justification To make operations of the department more efficient, responsive and effective. Putting in place support structures that ensure that the department executes its mandate in line with the legislative framework.
Links To ensure that the department succeeds in its mandate of transforming agriculture, improving food security and achieving equitable rural communities.
Set priorities and political directives.
Strategic Objective 1.
Objective Statement To provide political guidelines in line with the electoral mandate. Provide oversight on the performance of the Department and the sector.
Baseline Policies are in place, senior management structure in place. Performance Management system is in place.
Justification To drive the Department in bringing about institutional transformation, ensuring accountability, compliance and transparency of service delivery.
Translate policies and priorities into strategies for effective service delivery and, to manage, monitor and control performance.
Strategic Objective 1.2 Implement good management practices.
Objective Statement To translate policies and priorities into strategies for effective service delivery and to manage, monitor and measure performance.
Baseline Policies are in place, senior management structure in place. Batho Pele revitalisation strategy in place. Performance Management system is in place.
Justification To drive the department in bringing about institutional transformation, ensuring accountability, compliance and transparency of service delivery.
Links Effective and efficient governance for improved service delivery.
Ensure an appropriate support service based on the principles of corporate governance.
Strategic Objective 1.3 Provide service delivery support throughout the organization.
Baseline Policies are in place. Support services functions are in place however capacity needs to be increased.
Justification To increase capacity of the department in order to execute its mandate.
Strategic objective 1.3 To provide service delivery support throughout the organization.
Speedup the process of approving subsidised vehicles (increase frequency of transport committee sittings).
Assist employees to acquire subsidized vehicles by engaging financial institutions for loans. Assist employees to acquire subsidized vehicles by engaging financial institutions for loans. Assist employees to acquire subsidized vehicles by engaging financial institutions for loans.
Renovation and update of all Departmenta l offices and state buildings (houses, store rooms etc.) throughout the regions. Renovation and update of all Departmenta l offices and state buildings (houses, store rooms etc.) throughout the regions. Renovation and update of all Departmental offices and state buildings (houses, store rooms etc.) throughout the regions.
Provision of accommodation in Research Stations. Management of accommodation in Research Stations. Management of accommodation in Research Stations.
Legal Services Provision of regular legal advisory services to personnel.
High Court. High Court. High Court.
Gender: Evaluate the Department with regard to gender representation across all job categories and management levels.
Strengthen coordination, advocacy and networking Strengthen coordination, advocacy and networking. Strengthen coordination, advocacy and networking. Strengthen coordination, advocacy and networking. Strengthen coordination, advocacy and networking.
To ensure that the department contributes to the advancement of targeted groups in the province.
Number of health promotions conducted.
Annually Provision of accommodation in Research Stations.
Assist and manage all litigation matters (in High Court). On request Assist and manage all litigation matters (in High Court).
Subsidised vehicles (increase frequency of transport committee sittings).
Assist employees to acquire subsidized vehicles by engaging financial institutions for loans. Monthly Assist employees to acquire subsidized vehicles by engaging financial institutions for loans.
Quarterly Security clearance for Senior Managers Security clearance for all Senior Managers, Secretaries, Personnel Assistants, Tender Committees, Supply chain officials & HR personnel Security clearance for all managers & assist managers.
Ensure compliance with the Public Finance Management Act (PFMA) and Division of Revenue Act (DORA).
Provide service delivery support throughout the organization.
Focus on internal and external communication in the department through written, verbal, visual and electronic media as well as marketing and advertising of the departmental services.
Strategic objective 1.3 Provide service delivery support throughout the organization.
Development of Communication plans eg.
Number of Communication plans implemented eg.
ª 2007/08: MEC remuneration payable. Salary: R. Car allowance: R.
Table 6.1.
The function and aim of the programme is to provide agricultural support service to farmers in order to ensure that there is sustainable management of agricultural resources. The programme consists of 3 subprogrammes. To provide support (development, evaluation and research) and capacitate clients with regard to irrigation technology, onfarm mechanization, animal housing, farm structures and maintenance of farm equipment.
To provide support (development, evaluation and research) and capacitate clients with regard to irrigation technology, onfarm mechanization, animal housing, farm structures and maintenance of farm equipment.
Strategic Goal 2 Ensure sustainable use and management of natural resources.
Justification Agricultural production and economic development is dependent on natural resources hence the necessity to manage, conserve and use the limited resources responsibly.
Links Links to priority on sustainable resource management.
Strategic Objective 2.
Justification The mandate of this department includes rural development and assisting land users to optimize production.
Design and support in the construction of animal housing facilities.
Design and support in the construction of stock handling facilities.
To coordinate and facilitates the planning, development process and implementation of Land Care projects.
Baseline Level of awareness has not been determined.
Justification The overall goal of the LandCare Programme is to ensure sustainable resource utilization.
Links The effective implementation of the LandCare Programme will impact positively on the agricultural resources, therefore increased production, food security and the development of a resource conservation ethics.
Target 2006/7 2007/8 2008/9 2009/10 2010/11 2011/12 2012/13 2.
To implement Act 43 of 1983 for the Conservation of Agricultural Resources (Plan, survey and design) including preparations for Disaster Management.
Objective Statement To ensure sustainable agricultural resource use through survey and designs of soil conservation structures and farm plans, efficient water use and design of irrigation systems.
Justification CARA prescribes norms and standards to be followed in order to conserve agricultural resources.
Links The sustainable use of agricultural resource.
Objective Statement To ensure that an agricultural risk and disaster management plan is developed, coordinated and implemented annually.
Baseline Various schemes (drought, veld fire) are implemented for rehabilitation purposes. Gap analysis performed to determine shortfalls.
Links The development of a plan will enhance the ability to mitigate against potential risks threatening the agricultural sector.
2.3 Promotion of sustainable use of natural resources through Land use planning, Conservation of Agricultural Resources Act (Act 43 of 1983) 145 133 106 228 53 49 48 48 2.
Number of reports distributed (Reports and use of SMS) Quarterly/Annually 12 5.
Table 6.2.
Total economic classification 25,772 58,937 57,972 34,037 37,025 37,525 33,737 36,482 40,773 6.
To provide extension and training to farmers with special emphasis on developing or emerging farmers' implementation of land reform programme and agricultural rural development projects.
Strategic Goal 3 Promote optimal agricultural production throughout the value chain to ensure food security.
Goal statement To provide appropriate technical and advisory services that will contribute towards increased food production and promote household food production.
Justification Many households in the province are food insecure and there are parcels of land, particularly land reform projects, which are lying fallow and those that are not optimally utilised. The increased food production will lead to increased supply and impact positively on food prices.
Provides extension and advisory services to the farmers.
Strategic Objective 3.
Objective Statement To ensure that the emerging farmers and farm workers has the necessary knowledge and skills and that living conditions of farm workers are improved.
Baseline The majority of emerging farmers in the province lack relevant knowledge and skill to apply appropriate production practices and systems.
Justification The ability to apply appropriate production methods will enable emerging farmers and farm workers to optimise production.
Ha of fallow/virgin land put into production Quarterly 350ha 87.5ha 87.5ha 87.5ha 87.
The following projects have been identified for the 2010/2011 Comprehensive Agricultural Support Programme conditional grant.
The ilima/Letsema grant accounts for R30 million in 2010/11 and R60 million in 2011/12. These funds are located within payments for capital assets and are generally towards projects of an infrastructure nature. The following projects have been identified for the 2010/2011 financial year.
Objective Statement Ensure that all food security intervention programmes are implemented in an integrated manner.
Baseline More than 50% of households in the province are food insecure and living below the poverty line.
Justification Every citizen of the country has a right to food. South Africa is currently a net importer of food and with the sharp rise in agricultural production inputs food becomes inaccessibly expensive to poor people in particular.
Links Implementation of the IFSNP will contribute towards food secure households and improved the health profile of the country.
Strategic Objective3.
Establish & maintain 15 community food gardens.
Food production initiatives supported.
Provide 45 IFSNP projects with technical support.
Number of food production initiatives supported.
Number of IFSNP reports compiled.
Establish and maintain community food gardens.
Provide IFSNP projects with technical support.
Table 6.3.
Total economic classification 17,063 25,468 29,708 86,540 111,162 111,162 119,051 157,703 165,743 7.
The aim of the programme is to provide veterinary services which promote sustainable economic growth through export/import and, ensures the health and welfare of people and animals in the Northern Cape.
Strategic Goal 4 Ensure biosafety and biosecurity for the wellness of the public.
Goal statement To ensure that animals and the public are protected against possible outbreaks and prevent possible introduction of animal and plant diseases that could have a negative impact on their wellbeing.
Justification Health and safety are basic constitutional rights to citizens. To be competitive we have to ensure that our products meet both national and international standards.
Links Improve the health profile of all South Africans and ensure food security for all.
Strategic Objective 4.
Baseline The Government has estimates on %prevalence and incidence of various diseases and programmes are designed to reduce the prevalence.
2006/07 Actual 2007/08 Actual 2008/09 Target 2010/11 2011/12 2012/13 4.
Objective statement Develop risk assessment strategies in line with National and International standards as well as providing health certification for import and export of animals and animal products.
Baseline Average number of certificates issued is 100 per quarter.
Justification To ensure that our country is competitive it has to comply with requirements of trade partners and does not put our livestock at risk of diseases.
Links The achievement of the objective will ensure contribution to the growth of the sector and job creation.
Objective statement To ensure that the public consume same food and create public awareness on their constitutional rights.
Baseline 60 abattoirs are annually registered and inspected at least twice a year. 30 schools are visited annually as well as all public institutions. 6 workshops are conducted every year.
Justification Access to sufficient and safe food is a constitutional right.
Table 6.4.
Total economic classification 17,663 23,849 28,577 29,996 30,449 30,449 31,230 33,207 34,798 8.
This programme aims to render agricultural research and the development of information systems with regard to agricultural and natural resource utilisation technologies. Through the timely provision of progressive technologies and information with regard to crop production, animal production and resource utilisation, the programme aims to ensure the competitive capacity of its clients.
Research has shown that support services with regard to new technologies is of paramount importance to small and mediumscale farmers in their quest to become successful commercial farmers. Therefore, the focus of research in the Northern Cape Department of Agriculture, Land Reform and Rural Development is to develop and adapt production technology to satisfy especially the needs of emerging farmers. This programme also strives to strengthen linkages between all role players in order to provide a more efficient service to all farmers.
The programme is structured into 3 subprogrammes with strategic goals and strategic objectives. The programme is headed by a Director, Technology Research and Development, who is responsible for the management of the programme. This position is currently supported by two Deputy Directors responsible for primarily the subprogrammes Animal Production Research and Crop Production Research. This management structure is also responsible for managing the subprogrammes, Resource Utilization Research, Information Services and Infrastructure Support Services.
Strategic Objective 5.1 Research and development in crop production, animal production and resource utilization.
Objective Statement To conduct, facilitate and coordinate agricultural research; to develop/adapt and or transfer appropriate technology to clients and to participate in multidisciplinary agricultural development projects.
Baseline A number of research projects are being conducted relating to specific commodities which include, crop production, animal production and resource utilization based on the needs of the clients. Applied research is being conducted with recipients of the LIP and commercialisation of goats' projects.
Justification The steady decline in total investment in agricultural research and technology development during the last decade has compromised the central positioning of the agricultural sector as a leader in the rural economy. Agricultural research will strive to promote the continuous improvement in competitiveness and leadership in information, communication and biotechnology, which is vital to the future of agriculture in South Africa.
Links Ensuring sustainable resource use through promoting sound resource management and the promotion of optimal agricultural production throughout the value chain to ensure food security and food safety for the wellness of the public.
Plan target 2006/7 2007/8 2008/9 performance 2009/10 2010/11 2011/12 2012/13 5.
Strategic Objective 5.
Objective Statement To coordinate the development and dissemination of information to clients including the development and utilisation of various information systems.
Baseline Provision of spatial indicators and the transfer of appropriate technologies via information days, brochures and training.
Justification Dissemination of information and new technologies and ensuring the provision of quality information and data will assist with the planning and development of required interventions.
Plan target 2006/7 2007/8 2008/9 performance 2009/10 2010/11 2011/12 2012/13 5.2 The development and management of knowledge systems.
Objective Statement Maintain farm infrastructure to provide support to research, trials and demonstrations.
Baseline Most of the infrastructure and mechanisation is old and needs upgrading.
Justification The provision of effective and efficient support to research projects, maintenance of infrastructure and equipment and the promotion of the accessibility of the research stations to communities (especially the youth and women) will enhance optimal production and competitiveness.
Strategic objectives Strategic Plan Audited/Actual performance Estimated Medium term targets target 2006/7 2007/8 2008/9 performance 2009/10 2010/11 2011/12 2012/13 5.
Number of maintenance and service records completed Annually 7 7 8.
Table 6.5.
Total economic classification 16,259 21,299 24,959 37,711 37,680 37,680 39,450 41,769 44,053 9.
To provide timely and relevant agricultural economic support to internal and external clients in order to ensure sustainable agricultural development. It should provide advice and support ranging from micro to macro level. The advice should be updated, relevant and based on sound research.
Strategic Goal 5 Support the economic growth and development of the sector.
Goal statement To provide the necessary support to various industries for contribution towards growth of the sector and job creation. To provide economic support to the emerging sector to ensure viable enterprises and increase their contribution in the sector.
Justification The agricultural sector is 2nd highest economic contributor of the provincial GDP and is the highest creator of jobs.
Links Speeding up growth and transforming the economy to create decent work and sustainable livelihoods and economic development.
Strategic Objective 6.
Objective Statement To provide market infrastructure, establish market linkages and ensure that the emerging farmers has access to markets for all their agricultural products.
Objective Statement To promote entrepreneurship in rural communities through the formation and support of agricultural cooperatives throughout the value chain.
Baseline There are 112 cooperatives established, 41 close corporations.
Justification The formation of cooperatives will strengthen the participation of emerging farmers and entrepreneurs in the agricultural business.
Links Speeding up growth and transforming the economy to create decent work and sustainable livelihoods. Land and agrarian transformation.
Objective Statement To ensure that projects and agricultural enterprises are economically viable to contribute to decent jobs.
Objective Statement The department is concerned about the development of agricultural industrial policy to guide the development of agroprocessing in the province.
Baseline The development of an industrial policy is still in the planning phase where with the inputs of a study undertaken to assess the various agricultural value chains will help inform the strategy.
Justification Analyses of the policies of the Department can assist in monitoring the policies' impact on the farming communities and other stakeholders.. The development of policies helps establish vehicles with which to guide the distribution of resources and means of assessing impact and ways of improving on service delivery.
Links Monitor and evaluate policies to improve service delivery in Land Reform and Rural Development.
Development of Agricultural Industrial Policy/Strategy Annually 1 1 9.
Table 6.6.
Total economic classification 2,784 3,777 7,163 9,316 8,883 8,883 10,936 14,348 15,084 10.
To coordinate the intervention programmes of all departments and institutions in rural areas to ensure that the land and agrarian reform and rural development mandate is achieves. To coordinate joint planning, identify specific areas for targeted intervention and to monitor and evaluate land reform in the Province.
Strategic Goal 6 Coordinate and facilitate sustainable livelihood programmes in rural areas.
Goal statement To coordinate intervention programmes of all public institutions and private sector in rural areas for the achievement of land and agrarian reform and rural development.
Justification To ensure cohesive, selfreliant and economically active communities.
Links Equitable, vibrant and sustainable communities and food security for all.
Strategic Objective 7.
Objective statement To coordinate the intervention programmes of all government Departments and institutions in rural areas to ensure that the land and agrarian reform and rural development mandate is achieved.
Baseline Engagement with various stakeholders and establishment of a coordinating structure. Riemvasmaak has been launched as a pilot site. The office will be opened at Kakamas to focus on the pilot project.
Justification There still are stark divides within the rural farming heartland of South Africa. The core challenge to enable large numbers of the rural poor to participate in the mainstream economic.
Links Equitable, vibrant and sustainable rural communities and food security food for all.
The Rural Development programme will drive all the rural development initiatives in the Province (Project list Annexure B). This will give the Department the capacity to guide provincial government in the implementation of the Rural Development Strategy. Profiling of John Taolo Gaetstewe and Pixley Ka Seme District will be completed in order to identify the developmental needs of those areas. This will form the basis for the further roll out of the Comprehensive Rural Development Programme (CRDP) to these districts.
Fast tracking land reform through the identification of productive agricultural land and potential beneficiaries.
Objective Statement To improve the current implementation instruments of the land reform programme to ensure that land is made available to the rural motive forces which are in the main the rural communities and farm workers.
Baseline Approximately 5% of productive agricultural land has been redistributed to the previously disadvantaged. Despite the fact that the land reform programme has been in existence for the last 15 years, millions of people remain without ownership of land and their tenure status on land owned by others remain insecure.
Justification Access to land will provide means for food production and restoration of land rights.
Links Land and agrarian transformation and food security.
Coordinate post settlement support to beneficiaries of land and agrarian reform.
Support to municipalities on administration of commonages.
Number of commonages supported.
Number of reports on farm assessments facilitated.
Number of applications screened.
Table 6.7.
Total economic classification 34,729 43,277 42,509 3,822 3,864 3,864 8,021 8,926 7,829 11.
Infrastructure and related projects are mainly funded from conditional grants. The Infrastructure Grant to Provinces (IGP) had an allocation of R10.712 million in the 2008/09 financial year of which R9.613 million (90%) was spent.
In the 2009/10 financial year, the allocation for the IGP conditional grant increased by R1.649 million or 15% to R12.361 million. Among the projects that were funded out of these funds are infrastructure upgrading at research stations and the Rooibos Tea project in Niewoudtville (Namakwa District).
The IGP allocation in 2010/11 grows to R15.119 million representing an increase of 22%. The department will continue to upgrade and renovate the research stations and a cooler facility for Tshwaraganang Hydroponics project in Frances Baard will be funded. In addition an amount (R1.5 million) has been set aside for revitalization of the Warrenton Super Chicken project. Other projects include Goodhouse, Farmer Settlement which is an olive project for the youth, Henkries Dates project. The Schmidtdrift project will receive funding amounting to R1.2 million in 2010/11 financial year.
The illima/Letsema grant funds the infrastructure development of the two major projects in the department viz. Vaalharts Irrigation Scheme and the Rooibos Tea in Niewoudtville. In the 2010/11 financial year, the Vaalharts Irrigation project will be allocated R5 million and the Rooibos Tea project an amount of R20 million. The remaining R5 million will be directed towards infrastructure projects in the Pixley Ka Seme District.
The Comprehensive Agricultural Support Programme (CASP) also funds infrastructure developments in the province amongst others such as fencing, subsurface drainage and boreholes. An amount of R8.7 million has been allocated for developments in the Riemwasmaak area which is a presidential pilot of the CRDP. The Ganspan Cooperative in the Phokwane Municipality will also receive funding from this grant in 2010/11 for a storage facility and the purchase of equipment amounting to R3.8 million.
The Department has three sources of funding, namely, equitable share, conditional grants and departmental receipts which is revenue collected on behalf of the province.
Over the MTEF, conditional grants are increasing at a faster rate than the equitable share where in 2012/13 conditional grants constitute almost 42% of the funding available. The trend suggests that conditional grants might overtake equitable share funding in the near future. In 2010/11 conditional grants receive a substantial increase of 36% compared to 2009/10. The underlying reason for the increase in the conditional grants is the Illima/Letsema grant which is now R30.000 million (previously R7.500 million).
The Department manages four conditional grants with a total value R109.389 million.
The department is engaged in a process with the National Treasury for the listing of Kalahari Kid Corporation as a public entity.
Projects have been prioritised in terms of Agrarian Transformation, Rural Development and Land Reform as well as in terms of timeframes.
Add more stands for seating and provide roofs for all of them.
Construction of 100 houses and 20 sites for repatriation.
To get a satellite police station for theft.
An amount of R4.
<fn>GOV-ZA.20101126Gg33800N70JudgeRemunEn.2012-02-10.en.txt</fn>
No: 70 Title: Judge's Remuneration and Conditions of Employment Act http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/...
1 In terms of section 2(1)(a) of the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No.47 of 2001), I hereby determine that, the total remuneration of the positions of office bearers in Column 3 of Schedule 1 shall be as set out in Column 4 of Schedule 1 with effect from 1 April 2010, subject to terms and conditions set out herein.
A non-cash component of 27.76% (which includes motor allowance and employer medical contribution).
Remuneration and Conditions of the Employment Act, 2001. 4 Proclamation No. 76, published in the Government Gazette No. 32730 of 19 November 2009, is hereby repealed.
Given under my Hand at Cape Town on this 16th day of November Two thousand and ten.
<fn>GOV-ZA.20101126Gg33800N71MagRemunEn.2012-02-10.en.txt</fn>
No: 71 Title: Magistrate's Act (90/1993): Remuneration of Magistrates http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/...
1 In terms of section 12(1)(a) of the Magistrates Act, 1993, (Act No.
1 with effect from 1 April 2010, subject to terms and conditions set out herein.
Proclamation No.75, published in the Government Gazette No.32730 of 19 November 2009, is hereby repealed.
<fn>GOV-ZA.20101129gg33807n1085pubprotectorrulesdraftEn.2012-02-10.en.txt</fn>
Who can report a matter or lodge a complaint?
"Public Protector" means the person appointed as Public Protector in terms of section 1A of the Act and includes any person to whom he or she has delegated his or her powers in terms of the Act. "the Act" means the Public Protector Act, 1994 (Act No.
National Environmental Management Act 108 of 1999.
must provide the Public Protector with a copy of his or her identity document to resolve the complaint, if relevant.
the registration number and official stamp of the juristic person.
Complaints or request relating to the operation or administration of the Promotion of Access to Information Act 1 of 2000.
The complainant may, when reporting the complaint or matter or at any stage thereafter, request that his or her personal particulars be kept confidential and not be disclosed to any person outside the Public Protector's office.
The Public Protector may, if a complaint is not made under oath or affirmation and the considerations in sub rule (1) do not apply, request the complainant to submit an affidavit or affirmed declaration confirming that complaint.
The Public Protector must after an oral complaint has been reduced in writing in terms of paragraph (a), verify the correctness thereof in any manner he or she deems fit.
The Public Protector must make the changes to the written complaint necessary to bring it in line with the indications of the complainant.
The Public Protector must keep record of the process followed in terms of this rule.
The complaint must, if it is contained in an e-mail or the complaints form, be completed in full and signed by the complainant.
The complainant may request that he or she be provided with a complaints form which must be available at the office of the Public Protector.
by completing a complaints form on line, in which case the complainant must keep a copy of the completed form.
A complaint must preferably be lodged at the office of the Public Protector in the area where the incident or conduct complained of took place.
The Public Protector must, witbin 5 days from the date of receipt of any manner he or she deems fit but must keep proof thereof.
if he or she has jurisdiction over the complaint, assign the complaint to a person for investigation.
The investigator to whom a complaint has been assigned for investigation, must within 5 days after having been so assigned, contact the complainant and provide the complainant with his or her contact particulars.
The person referred to in paragraph (a), may contact the complainant in any manner he or she deems fit but must keep proof thereof.
If, on the basis of the complaint received, it is not possible to come to a conclusion regarding the merits of the complaint or to determine an appropriate manner of dealing with the complaint, the Pubiic Protector may conduct a preliminary investigation.
The Public Protector may advise the complainant that it might be appropriate to complain against an organ of state organ other than the one mentioned in the complaint.
The Public Protector may if the complaint or matter falls within his or her jurisdiction investigate the complaint or matter.
(1)The Public Protector may identify on own initiative a matter as referred to in section 7 of the Act, that falls within her/ his jurisdiction.
inform the complainant of this fact and of the circumstances justifying a longer period; and conclude the preliminary investigation within a reasonable period.
In terms of section 181(3) of the Constitution, organs of state are legally obliged to assist the Public Protector and protect' its/ her/ his independence, impartiality, dignity and effectiveness. Organs of State must cooperate with the Public Protector, provide her/him access to their premises and all data in their possession relevant to the investigation in process or the Public Protector's preventive actions. This obligation includes cooperation in regard to responding within stipulated timelines and attending meetings aimed at resolving matters under investigation by the Public Protector.
Public Protector may initiate disciplinary procedures against the relevant public administration employees and report on such conduct.
The Public Protector shall give the parties notice of the hearing on a form which substantially corresponds with the form provided for in Annexure F.
A party to a complaint must attend the hearing irrespective of whether or not that party is represented.
A hearing is an informal procedure which is inquisitorial in nature.
the inquisitorial nature of the hearing; and the procedures which will be followed, to the parties and witnesses.
respond to the evidence given at the hearing.
The rules of evidence shall not apply in respect of a hearing and the Public Protector may ascertain any relevant fact in a manner he or she deems fit.
making a finding on the facts and, if necessary, take remedial action.
The Public Protector may advise the complainant to approach an appropriate institution if the Public Protector does not have jurisdiction or if an appropriate remedy is available through that institution.
The Public Protector must investigate the complaint or matter if the Public Protector has jurisdiction in respect thereof and the complainant insists on an investigation by the Public Protector unless the Act in that particular case empowers the Public Protector to refuse to investigate that matter.
The Public Protector may appoint any person to facilitate conciliation sessions or mediation proceedings.
whether or not the party has been properly notified of the date, time and place of the proceedings; and any other relevant factor the Public Protector may deem fit.
Once the parties reach an agreement after conclusion of the proceedings the Public Protector ensures that such an agreement is reduced to writing and signed by the parties within 3 working days after resolving the issue.
An application to join any person or institution as a party to the proceedings or to substitute an existing party must be accompanied by copies of all documents previously delivered unless the person concerned is already in possession of the documents.
The Public Protector may, on own initiative or on application in writing by a party to the proceedings, consolidate two or more complaints and deal with these complaints in the same proceedings.
The Public Protector may on own initiative, on request of a party to the proceedings or by agreement of the parties to the proceedings, make a determination on the disclosure of relevant documents.
The Public Protector shall determine the manner in which the parties will conduct themselves during the proceedings.
the method applied to resolve a dispute between the parties; and the fact that the dispute between the parties have been resolved, nothing in this Chapter shall prevent the Public Protector to conduct an investigation.
A dispute is conciliated, mediated or negotiated in the office of the Public Protector of the province were the complaint or matter arose unless the Public Protector directs otherwise.
Before commencing proceedings referred to in rule 30(3) the Public Protector shali require the parties to sign a confidentiality agreement acknowledging that all statements made during the proceedings as well as any documents prepared and submitted for such proceedings are confidential and inadmissible against another party in any subsequent civil proceedings.
The Public Protector shall give the parties at least 5 days' notice of an intended conciliation, unless the parties agree to a shorter period.
The Public Protector shall determine the issues to be conciliated and informs the parties accordingly.
The Public Protector shall direct the proceedings, develop and propose terms of settlement, and determine an outcome to the issues being conciliated.
The Public Protector gives the parties at least 5 days' notice of intended negotiations, unless the parties agree to a shorter period.
The Public Protector gives the parties at least 5 days' notice of intended mediation, unless the parties agree to a shorter period.
The Public Protector shall facilitate the proceedings and examine and evaluate the presentations of the parties.
CHAPTER 10 43.
The Public Protector may, having regard to section 181(2) to (5) of the Constitution, decide to make use of the powers provided for in the Act if an organ of state or other person does not cooperate voluntarily with the Public Protector.
The Public Protector must, before the commencement of any recording, inform the persons present of the fact that a recording will be made and of the manner of recording.
All proceedings in terms of the Act, including investigations, will be conducted in English, unless a complainant requests that the proceedings be conducted in another official language.
A party who needs the services of an interpreter during any proceedings in terms of the Act, must give reasonable notice to the Public Protector who must make the necessary arrangements.
A party who wishes to make use of the services of an attorney or advocate in terms of section 6(8) of the Act, shall be responsible for the costs involved in securing these services.
These Rules remain in force until repealed or amended by the Public Protector by publication in the Gazette.
Enquiries about the services of or any complaint or matter reported to in terms of section 6 of the Act, can be made from any person at the contact details listed in Annexure A to the Rules.
A complainant may, if he or she is dissatisfied with the handling of his or her complaint, approach the Customer Care Service at the Head Office of the Public Protector in Pretoria.
These Rules are called the Public Protector Rules and shall come into operation on...
City: Province: Postal Code.
Name 10 Number.
2.1 How did you hear about the Office of the Public Protector D Radio D Newspaper D Poster D Friend D TV D Othe?
Date Month year.
reasons why you did not complain to the Office of Public Protector earlier.
2.3 Which government agency is involved (Please identify by specific name?
2.4 Whom have you dealt with at the government agency?
2.6 Please summarize your complaint.
If yes, what was the result?
2.10 Describe how you would like the Office of the Public Protector to help you.
2.11 If you consider the matter urgent, explain why.
1>1("Y;H~tll~ f E~! \f/l iHHtfC,) r1lJ>II1I1t"l. tu ,-Hi Vflllnl.
lJt1i\rt!lllf!
Reference: 7/2 -...
The Public Protector is currently conducting an investigation into the complaint of [complainant's name] relating to the alleged [summary of the allegations].
The investigation is conducted in terms of the provisions of Chapter 9 of the Constitution of the RSA, 1996 and the Public Protector Act, 1994.
In terms of section 7(4)(a) of the Public Protector Act, 1994 the Public Protector may direct any person to submit an affidavit or affirmed declaration or to appear before the Public Protector to give evidence or to produce any document in his or her possession or under his or her control which has a bearing on the matter being investigated, and may examine such person.
NableHabie to/0 a fine not exceeding or to imprisonment for a period months or such fine and imprisonment.
<fn>GOV-ZA.2010112En.2012-02-10.en.txt</fn>
To obtain a copy of the SA Yearbook 2010/11 or Pocket Guide to South Africa 2010/11, please e-mail your request to delien@gcis.gov.za, stating your postal address, physical address and telephone numbers.
<fn>GOV-ZA.201011En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2010120201En.2012-02-10.en.txt</fn>
National Treasury has today released the budget statement for local government for the first quarter of the 2010/11 financial year. The statement covers revenue and expenditure, and conditional grant spending for the period 1 July to 30 September 2010. It is available on the National Treasury's website: www.treasury.gov.za.
National Treasury publishes this information in terms of section 71 of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003) (MFMA), and in terms of section 30(3) of the 2010 Division of Revenue Act. The budgeted figures shown are based on the 2010/11 budgets approved by municipal councils during May and June 2010.
This information, referred to as the In-year Management, Monitoring and Reporting System for Local Government (IYM), will enable provincial and national government to exercise oversight over municipalities, and identify possible problems in implementing municipal budgets and conditional grants. The information will also be of interest to policy makers, researchers, sector specialists and academics with an interest in local government. It is also envisaged that regularly published budget implementation information will empower communities to hold their Municipal Councils accountable.
All information in this statement is based on the section 71 MFMA reports that Municipal Managers and Chief Financial Officers were required to sign and submit to the National Treasury by 12 November 2010. Any queries on the figures in the statement should therefore be referred to the relevant Municipal Manager or Chief Financial Officer. Queries on conditional grants may be referred to the national department responsible for administering the grant.
The number of municipalities that submitted reports fell to 276 in the first quarter of 2010/11 from 280 in the fourth quarter of 2009/10. This slight drop in coverage can be partly attributed to stricter compliance rules. Interestingly, the seven municipalities that did not report for the first quarter of 2010/11 do not include the three municipalities that did not report during the fourth quarter of 2009/10.
As at 30 September 2010, municipalities had in aggregate spent R45.9 billion or 19.7 per cent or of the R232.6 billion total approved budget. The total revenue budget amounted to R243.4 billion for 2010/11, of which aggregated billing accounted for R58.5 billion or 24.0 per cent.
Metropolitan municipalities had billed R31.5 billion or 22.4 per cent of their total revenue budget of R140.6 billion by the end of the first quarter. Ekurhuleni had billed the highest proportion of its revenue at 24.9 per cent, followed by Cape Town at 23.2 per cent.
The aggregated capital budget for all municipalities for 2010/11 is R41.2 billion of which R4.2 billion or 10.2 per cent had been spent by the end of the first quarter. The aggregated capital budget of metropolitan municipalities amounted to R19.6 billion of which R2.0 billion or 10.0 per cent had been spent by 30 September 2010. Most metros spent less than 15 per cent of their capital budget in the first quarter. The City of Johannesburg had the lowest capital spending rate at only 3.6 per cent, with expenditure at the City of Tshwane and Ekurhuleni Metro not far behind at 6.6 per cent and 7.6 per cent respectively.
Aggregated municipal consumer debts amounted to R62.3 billion as at 30 September 2010. Of this, government accounted for R3.4 billion or 5.5 per cent. Households accounted for the largest component at R37.7 billion or 60.6 per cent of the total.
Metropolitan municipalities were owed a total of R35.4 billion at 30 September 2010. This is an increase of R3.9 billion or 12.4 per cent from the same period last year. The biggest percentage growth from the previous year is in City of Johannesburg, where it increased by 23.5 per cent or R2.0 billion. Nelson Mandela Bay's debtors book increased by 16.5 per cent or R275 million, Ekurhuleni Metro by 15.1 per cent or R1.1 billion and Cape Town's by 11.8 per cent or R558 million.
Secondary cities were owed R12.8 billion at the end of the first quarter, an increase of R2.3 billion or 18.3 per cent from the corresponding period last year. Households accounted for R7.7 billion or 67.3 per cent of the total.
The creditor age analysis shows that municipalities owed R10.3 billion as at 30 September 2010. This is R1.3 billion less than the R11.6 billion municipalities owed at the end of the fourth quarter of 2009/10. North West has the highest percentage of creditors outstanding for more than 90 days at 45.9 per cent, followed by the Northern Cape at 44.3 per cent, Limpopo at 34.5 per cent and Mpumalanga at 31.2 per cent. Of concern are the figures reported for the period 0 to 30 days by Gauteng and KwaZulu-Natal of R4.7 billion and R1.6 billion respectively.
The Division of Revenue Act, 2010 (Act No.1 of 2010) allocated R54.4 billion in transfers to local government. This consists of the unconditional transfer (Equitable Share) of R30.2 billion and conditional transfers of R24.2 billion. The latter amount consists of direct conditional grants to municipalities of R21.2 billion and allocations-in-kind of R3 billion.
During the first quarter national departments administering conditional grants transferred R5.9 billion or 28.3 per cent of the direct conditional grants to municipalities. According to expenditure reports from national departments, municipalities had spent only 21.4 per cent by the end of the first quarter. However, municipalities receiving direct conditional grants reported first quarter aggregate expenditure of R2.6 billion or just 12.4 per cent of the R21.2 billion allocated to municipalities.
The Neighborhood Development and Partnership Subsidy Grant, Public Transport Infrastructure and Systems Grant, Municipal Drought Relief Grant and the Electricity Demand Side Management reflect spending levels of less than 10 per cent.
The amounts reported by the national department responsible for managing the 2010 FIFA World Cup related grants show spending in excess of 100 per cent in the first quarter of 2010/11 financial year, yet the expenditures reported directly by the municipalities are significantly lower. The reasons for this may be two fold: (a) the municipalities are reporting spending in excess of the conditional grant amounts to the responsible department to place pressure on National Treasury to fund the excess amounts they spent on hosting (note National Treasury has indicated very clearly that additional funding will not be provided), or (b) there are inconsistencies in the way the municipalities are reporting this information, which would need to be explored with them.
The expenditure of 13.2 per cent reported by municipalities for the first quarter period excludes the amounts that the metros may have spent in relation to the Municipal Infrastructure Grant (MIG Cities). In terms of Section 11(2)(b)(ii) of the Division of Revenue Act, 2010, metros are required to report on the implementation of their entire capital programme, and not specifically on the spending of the MIG cities grant. This is because the MIG cities grant is designed to supplement the capital budgets of the metros. Secondly, the EPWP incentive grant performance is also not reflected in the publication due to it's "after the event" performance nature.
A summary of key aggregated information is included in the tables in Annexure A.
The information released on National Treasury's website (www.treasury.gov.
b. High-level summary of revenue for 276 municipalities; and c. High-level summary of expenditure for 276 municipalities.
a. High level summary of revenue per function; and b. High level summary of expenditure per function.
Consolidation of revenue and expenditure numbers for each municipality in one file.
Detail per province per municipality.
Summary of Conditional Grant (CG) Information for all municipalities and per grant.
CG - Detail per province per Municipality.
h. Conditional Grant summary - Provinces; and i. Analysis of Sources of Revenue - 276 municipalities.
a. List of Non Compliance to Section 71 of the MFMA.
In the above table, it is evident that the total outstanding debt does not reconcile with the information submitted per customer group. These reporting discrepancies are noted but will be resolved with the municipalities in future reports.
<fn>GOV-ZA.2010120202En.2012-02-10.en.txt</fn>
The National Treasury has today published on its website (www.treasury.gov.za/mfma) the 2010/11 MTREF budget information for all 283 municipalities. This is an annual occurrence.
The information reflects aggregated municipal budget totals for the 2010/11 financial year and over the medium term period. It is summarized in a variety of ways including per category of municipality and per province. Compared to last year's publication, the following information has been introduced to further enrich the analysis of municipal budgets: a summary of financial dimensions, and details of schedules A1 to A10, as per the Municipal Budget and Reporting Regulations format.
I. Audited results for 2008/09 3. The information will assist policy makers, researchers, sector specialists, elected representatives, academics and those responsible for implementation. It will also be used by National Treasury as the basis for the In-year Management, Monitoring and Reporting System for Local Government (IYM) in terms of Section 71 of the Municipal Finance management Act (MFMA). The MFMA envisages that regularly published budget information will enable and empower communities to hold their Municipal Councils accountable.
Section 24(3) of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003)(MFMA) requires that Accounting Officers submit to National Treasury and the relevant provincial treasury their municipality's annual budgets, once these have been approved by their respective Councils. The National Treasury has published these budgets on its website on an annual basis since the 2005/06 financial year. Any queries on figures reflected in the statement should therefore be referred to the relevant Municipal Manager, or the relevant Chief Financial Officer.
The Municipal Budget and Reporting Regulations were promulgated on 17 April 2009. All municipalities were required to conform to the new budget formats by completing and submitting their 2010/11 MTREF Budgets in the prescribed formats (A1 Schedules). Of the 283 municipalities, only 11 municipalities did not conform. This is a massive achievement and has exceeded expectations. However, challenges remain in municipalities regarding the quality of information.
National Treasury extends appreciation to all municipalities who sought to comply with the new Budget and Reporting Regulations for the 2010 Budget. This greatly enhances the transparency of municipal budgets.
See the attached annexure A for a high level analysis of the 2010/11 MTREF for municipalities.
The analysis below is restricted to the aggregated expenditure by category of municipality, an overview of the budgets of the six metropolitan councils, the secondary cities (next top 21 municipalities in terms of budget size) and a summary of municipal budgets per province. The detail in the supporting tables will provide more information by type of expenditure item and other operational information. Additional information on individual municipalities is contained in the supporting schedules published on the National Treasury website.
Table 1a represents the aggregated budgeted revenue by category of municipality over the 2010 MTREF period. Category A refers to metros, category B to local municipalities and category C to district municipalities. In aggregate, budgeted revenue for 2010/11 is approximately R243.4 billion which is projected to increase to R258.5 billion in 2011/12 and R285.7 billion in 2012/13. Total budgeted revenue for 2010/11 has increased by 14.7 per cent compared to original estimates for 2009/10. This change is the result of a 22.1 per cent decline in capital revenue and a 26 per cent increase in operating revenue.
Table 1b represents the aggregated budgeted expenditure by category of municipality over the 2010 MTREF period. Total municipal expenditure in 2010/11 is projected to be R232.6 billion, increasing to R244.4 billion in 2011/12 and R269.7 billion in 2012/13. Total budgeted expenditure for 2010/11 has increased by 14.6 per cent compared to the original budget estimates for 2009/10. This comprises a 17.5 per cent decrease in capital expenditure and a 25.1 per cent increase in operating expenditure.
As a share of the total local government expenditure budget for the 2010/11 financial year, the expenditure budget of the six Metros represents 57.2 per cent, whereas local municipalities represent 35.1 per cent. District municipalities represent only 7.7 per cent of total expenditure. These trends remain largely constant over the MTREF period.
Of the overall budget of municipalities, aggregated capital expenditure represents 17.7 per cent in 2010/11, 16.1 per cent in 2011/12 and 15 per cent in 2012/13.
The aggregated budgeted expenditure for all metros over the 2010 MTREF period is contained in Table 2a. Total expenditure appropriations amount to R133.0 billion in 2010/11, R149.7 billion in 2011/12 and R167.4 billion in 2012/13, reflecting a total increase of 12.5 and 11.8 per cent in the two outer years of the MTREF. Spending by metros on capital increases over the MTREF by 10.1 per cent, while operating expenditure will on average increase by 13.4 per cent per annum. The capital budget of the metros constitutes 47.5 per cent of the total municipal capital budget for 2010/11 and capital expenditure by metros accounts for 53.2 per cent of total municipal capital expenditure in 2012/13. This highlights the overall importance of the metros in the government's drive to promote job creation and economic growth.
The table also expresses the total spend of each metro as a percentage of total expenditure by all metros. This comparison reflects the size of each metro's expenditure relative to others, and this generally remains stable over the MTREF. The comparison of metros relative share of capital expenditure to their relative share of operating expenditure indicates that the eThekwini and Nelson Mandela Bay metros have very ambitious capital programmes, while Ekurhuleni and City of Johannesburg have relatively low levels of capital spending. The impact of eThekwini and Nelson Mandela Bay's capital programme on their cash position and overall financial sustainability will need to be monitored closely.
Operating expenditure by metros accounts for more than half (59.3 per cent in 2010/11) of total municipal operating expenditure over the 2010 MTREF.
The revenue to be generated by metros through the sale of core municipal services is reflected in Table 2b. The major drivers of revenue in 2010/11 are electricity (R39.4 billion), water (R11.1 billion), sanitation (R4.7 billion) and refuse removal (R2.6 billion). Over the MTREF, large increases are expected for electricity, illustrated by the 23.4 per cent growth in 2011/12 and 24.4 per cent in 2012/13. This is primarily due to the increase in the bulk price of electricity being passed through to customers.
Table 2c shows projected expenditure by metros on bulk purchases for electricity and water provision over the MTREF. Metros have budgeted R25.5 billion to pay for electricity bulk purchases in 2010/11, a figure which is projected to grow by 27.4 per cent and 27.6 per cent in the respective outer years of the MTREF. It is estimated that expenditure on bulk purchases of electricity will exceed R41.6 billion by 2012/13. When comparing the revenue generated from the sale of electricity to the expenditure incurred on bulk electricity purchases, it appears that metros generate a substantial profit from the sale of electricity. However, bulk purchases only constitute on average 67 per cent of the cost to the metros of managing the electricity function. Other operational costs include expenditure on personnel, materials, refurbishment, repairs and maintenance and distribution losses. The net profit on the sale of electricity is important for metros but has been under significant pressure due to the very rapid increase in the bulk price of electricity.
Expenditure on bulk water amounts to R5.4 billion in 2010/11 and increases by 10.7 per cent to R5.9 billion in 2011/12 and 10.9 per cent in 2012/13 to R6.6 billion.
Table 3 is the aggregated budgeted expenditure for the secondary cities (top 21 municipalities) over the MTREF period. The total expenditure budget amounts to R38.2 billion in 2010/11, R36.8 billion in 2011/12, and R40.7 billion in 2012/13. Spending on capital by secondary cities over the MTREF is expected to decline, partly due to poor multi-year budgeting practices and insufficient provision for the eradication of backlogs. Operating expenditure is expected to increase by a marginal 1 per cent in 2011/12 and by 12 per cent in 2012/13. Once again these variances in the increases over the MTREF can be partly attributed to poor multi-year budgeting.
Municipalities with the lowest proportion of capital budget to total budget are Emfuleni, Matjhabeng, Buffalo City, Msunduzi and Mangaung - all with percentages below 12 per cent. For 2010/11 the average percentage capital budget to total budget for secondary cities was 16.4 per cent compared with 14.7 per cent for metros. Note that metros tend to deliver a wider range of services with higher levels of operational expenditure such as health and safety.
Over the medium term both the capital and operating budgets of the secondary cities exhibit some stability, with a slight growth in the operating budgets in 2011/12 and 2012/13, while the capital budgets decrease and then appear to stabilise over the medium-term.
Table 4 shows the aggregated budgeted expenditure for all municipalities per province over the 2010 MTREF. Total municipal capital expenditure in 2010/11 is estimated at R41.2 billion, declining to R40.5 billion in 2012/13. A provincial analysis shows that KwaZulu-Natal (with 61 municipalities, including 1 metro and 3 secondary cities) has the highest capital budget set aside for 2010/11, at R10.1 billion or 24.6 per cent of the total municipal capital budget. This is followed by Gauteng (14 municipalities, including 3 metros), at an estimated R9.3 billion or 22.5 per cent and the Western Cape (30 municipalities, including 1 metro and 3 secondary cities) at R6.1 billion or 14.7 per cent. The Eastern Cape, which is predominantly rural with 1 metro, is ranked fourth in terms of capital expenditure and is estimated to spend R5.2 billion in 2010/11. A concern is that many capital budgets may be overstated and inadequately funded.
The average national per capita spending in terms of operating and capital expenditure is estimated to be R4 796 in 2010/11. Only three provinces will exceed this national average in 2010/11, namely Western Cape at R8 100 per capita, Gauteng at R7 470 per capita and the Northern Cape at R9 715 per capita. The high per capita spend in the Gauteng and Western Cape provinces is likely because both of these provinces are home to a significant proportion of the country's economic activity. This tends to increase spending on traded items like electricity and water, which then skews the per capita analysis. Per capita expenditure numbers will also tend to be higher in those provinces where service delivery backlogs are lowest.
The lowest level of per capita spending is in North West, where spending is estimated to be R1 199 per capita in 2010/11. In 2009/10 per capita spending in the North West was R3 277. This is a significant deterioration and is a cause for concern especially given the province's relatively low levels of development.
<fn>GOV-ZA.2010120203En.2012-02-10.en.txt</fn>
National Treasury today publishes the second draft of Regulation 28 of section 36 of the Pensions Fund Act (no 24 of 1956) for further and final public comment, as indicated in the Medium Term Budget Policy Statement on 27 October 2010.
National Treasury released the first draft of the regulation with the 2010 Budget in February this year. The first draft attempted to remedy shortcomings identified in the existing Regulation 28. Thirty-one public submissions were received that, together with considerable coordinated engagement between the National Treasury, Financial Services Board and industry stakeholders, have informed the revised second draft of Regulation 28.
The second draft still aims to ensure that the retirement savings of South Africans are invested in a prudent manner that protects the pension fund member and, in addition, promotes economic development and growth. The latest draft also acknowledges the role played by alternative investments, including private equity and hedge funds, in diversifying risk and enhancing investment returns.
It must be emphasised that the ultimate responsibility for protecting the interests and investments of pension fund members vests squarely with the trustees of pension funds. Trustees often hire investment advisors, to whom they give an investment mandate. However, trustees remain responsible for the investment decisions, even when they have delegated these. Regulation 28 provides a second protective measure to ensure that there is some diversification in the investment profile of pension funds and setting overall limits to the types of investment that may be made by pension funds.
The second draft of Regulation 28 is published together with a document responding to stakeholder comments received on the February draft; an explanatory memorandum that explains the technical details and main amendments; as well as draft Notices on securities lending transactions, investment and disclosure of derivative instruments for pension funds, and credit ratings agencies, issued by the Registrar of Pension Funds in terms of Regulation 28. All of these documents are available on the National Treasury and Financial Services Board websites - www.treasury.gov.za and www.fsb.co.za. Given the extensive engagement since the February draft, comments of a technical nature are invited, though submissions relating to broader principles will be considered where they raise new issues.
The Chief Director of Financial Services, c/o Linda van Zyl, Private Bag X115, Pretoria, 0001; or per facsimile to (012) 315 5206; or per email to reg28@treasury.gov.za.
To further support stakeholder understanding of the intention and principles underpinning the revised draft Regulation 28, the National Treasury and the FSB will host public forums in Cape Town and Pretoria during December 2010. This is to ensure that feedback given to the National Treasury is relevant and mindful of what the regulation is trying to achieve.
<fn>GOV-ZA.20101202gg33826n1146npaosdEn.2012-02-10.en.txt</fn>
SCOPE This determination applies to qualified legal professionals appointed in terms of section 16 of the NPA Act.
The introduction of a unique remuneration structure for qualified legal professionals appointed in terms of section 16 of the NPA 32, with 1.5% increments between notches.
4.2 The production specialist stream was created to assist the National Prosecuting Authority ("the NPA") to recruit and retain specialists in the legal profession who have gained at least 10 years' active legal court experience and whose post require active involvement in litigation and court work. The number of posts created shall be subject to norms to be determined by the NPA.
the employee meeting the appointment requirements (i.e.
6.1 The relevant qualifying periods and criteria for pay and grade progression is prescribed for each stream and post.
6.3 Accelerated pay progression shall be introduced to the above top performers on identified grades. A maximum of 20% of employees on these grades may be awarded two (2) notches for good performance and 10% may be awarded three (3) notches for excellent performance.
6.5 Annual pay progression shall be awarded with effect from 1 July of the year in which the employee has complied with the prescribed requirement for such pay progression.
6.6 The first annual pay progression cycle, in terms of the OSD shall be 1 July 2008.
7.1 Career paths are improved for the various categories through the introduction of a set of salary grades attached to the posts in each category.
7.2 The salary grades display longer career progression opportunities, as part of the defined career path, in order to both recruit and retain legal professionals.
7.3 The OSD also provides for career paths that facilitate progression to other categories, subject thereto that the requirements and conditions for such progression are met.
8.1 The OSD allow for a single post to be linked to more than one salary grade (scale) to facilitate grade progression.
8.2 Progression to the next higher salary grade (scale) is subjectpromotion/appointment requirements for the relevant higher grades.
The OSD provides for differentiated levels of grade progression based on performance, to enable legal professionals, who have distinguished themselves from their peers in terms of performance, to progress faster through the salary scales attached to higher grades.
The NPA prescribed the competency requirements (generic, functional and experiential) per post level to provide for appropriate salary recognition and grade progression as per Annexure A.
To enhance the recruitment of legally qualified professionals, the NPA must introduce a basis for salary recognition for relevant experience on appointment from outside the NPA in NPA posts.
12.1 The recognition of relevant experience of employees, who Annexure "C".
12.2 The recognition of relevant experience not reflected on the existing personnel record will be based on verified proof of such experience. The verification shall be undertaken by the NPA.
13.1 Employees shall translate to the appropriate salary scales in accordance with the posts that they currently occupy.
No person will receive a salary (notch or package) that is less than what he or she received prior to the implementation of the OSD.
This phase requires a minimum translation to the appropriate salary scale attached to the posts (and grades in respect of production levels). The translation table is contained in annexure "B".
Recognition of relevant experience obtained by a person after obtaining his or her qualification, who occupies a post in the relevant legal category. This once off recognition of experience is based on full years' service/ experience as on 31 March 2007, in order to award a higher salary subject to the limits of the measures for such recognition. The translation table is contained in annexure "C".
13.3 Employees who are translated to total cost packages, shall have their pensionable benefits protected (employees will not be worse off).
13.4 Total cost packages will constitute only a 70/30 split: (70% pensionable salary).
The NPA shall ensure that an appropriate Performance Management and Development System will be in place that will amongst others, facilitate the assessment of employees for purposes of pay progression, grade progression and accelerated grade progression.
The NPA will implement retention.
Thereafter the employee shall translate according to the first phase translation key to the appropriate OSD notch and will not receive the once-off second translation on the higher post as the employee already received in the lower post.
Aspirant Prosecutor (Contract Appointment) LP-2 R 94,236 As determined by the Minister in terms of Section 16(3) of Act 32 of 1998 At least 1 years post qualification legal experience (1.
District Court Prosecutor Grade 1 LP-3 Notch As determined by the Minister in terms of Section 16(3) of Act 32 of 1998 At least 2 years' post qualification legal experience or 1 year post qualification legal experience for candidates who successfully completed the NPA Aspirant Prosecutor Program. (1.
District Court Prosecutor Grade 2 LP-4 Notch TCP As determined by the Minister in terms of Section 16(3) of Act 32 of 1998 At least 5 years' post qualification legal experience (1.) No Further grade progression opportunity.
No: 1146 Title: National Prosecuting Authority Act (32/1998): Determin http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/...
Regional Court Prosecutor Grade 2 LP-6 TCP 1 R 359,673 2 R 365,070 3 R 370,548 4 R 376,107 5 R 381,747 6 R 387,471 7 R 393,282 8 R 399,180 9 R 405,168 10 R 411,243 11 R 417,411 12 R 423,672 13 R 430,029 14 R 436,479 15 R 443,028 16 R 449,673 17 R 456,420 As determined by the Minister in terms of Section 16(3) of Act 32 of 1998 No Further grade progression opportunity.
Senior Prosecutor (Production) and Tutor 10 R 477,267 11 R 484,422 12 R 491,688 13 R 499,062 14 R 506,550 15 R 514,149 16 R 521,862 17 R 529,692 As determined by the Minister in terms of Section 16(3) of Act 32 of 1998 At least 8 years' legal experience(1.) post qualification as determined by Minister in terms of Section 16(3) of Act 32 of 1998 opportunity.
State Advocate Grade 2 LP-8 TCP As determined by the Minister in terms of Section 25(2) of Act 32 of 1998 No Further grade progression opportunity.
Senior State Advocate LP-9 TCP As determined by the Minister in terms of Section 25(2) of Act 32 of 1998 At least 8 years' legal experience(1.) post qualification as determined by Minister in terms of Section 16(3) of Act 32 of 1998 No Further grade progression opportunity.
Litigation Specialist & Deputy Director of Public Prosecutions (Production) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 R 596,700 R 605,649 R 614,733 R 623,958 R 633,318 R 642,819 R 652,461 R 662,250 R 672,183 R 682,269 R 692,502 R 702,891 R 713,433 R 724,137 R 734,997 R 746,019 As determined by the Minister in terms of Section 25(2) of Act 32 of 1998 At least 10 years' legal experience(1.) post qualification as determined by Minister in terms of Section 16(3) of Act 32 of 1998 No Further grade progression opportunity.
(District Court Control & Head Control 2) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 R 365,070 R 370,548 R 376,107 R 381,747 R 387,471 R 393,282 R 399,180 R 405,168 R 411,243 R 417,411 R 423,672 R 430,029 R 436,479 R 443,028 R 449,673 R 456,420 R 463,263 R 470,211 R 477,267 R 484,422 R 491,688 R 499,062 R 506,550 terms of Section 16(3) of Act 32 of 1998 opportunity.
9 R 405,168 opportunity.
12 13 14 15 16 17 18 R 423,672 R 430,029 R 436,479 R 443,028 R 449,673 R 456,420 R 463,263 As determined by the Minister in terms of Section 16(3) of Act 32 of 1998 At least 6 years' post qualification legal experience (1.
Part C - Senior Public Prosecutor (Production) and Tutor.
Part D - Senior Public Prosecutor and Senior Maintenance Prosecutor.
Only full year's service and experience gained after complying with the experience requirement set for the lowest grade attached to the post as on 31 March 2007, staggered in increments of 1 year, are recognized for salary purposes.
If the notch in terms of the Phase 2 process is higher than the notch awarded in terms of the Phase 1 translation process, then the salary notch determined in terms of the Phase 2 process applies with effect from 1 July 2007.
If the notch in terms of the Phase 2 process is equal to or lower than the notch awarded in terms of the Phase 1 translation process, then the salary notch determined in terms of the Phase 1 translation process applies.
o Appropriate service/ experience are recognised on a basis of 100% of actual service/experience to a maximum of 30 years' actual service/experience.
· Appropriate service/ experience are recognised on a basis of 100% of actual service/experience to a maximum of 30 years' actual service/experience.
<fn>GOV-ZA.20101202gg33831n1151npasalaryEn.2012-02-10.en.txt</fn>
Total Cost Package effective on 30 June 2010 (R.p.a.) Total Cost Package effective from 1 July 2010 (R.p.a.
1 of 3 12/6/2010 2:13 PM No: 1151 Title: National Prosecuting Authority Act (32/1998): Determin http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/...
<fn>GOV-ZA.2010120601En.2012-02-10.en.txt</fn>
South Africans are invited to send through their tips on what they would like to see in the country's budget, and what they think government's spending priorities should be. This campaign is run throughout the year and ensures active participation in government programmes, especially matters related to the economy. Finance Minister Pravin Gordhan will present the 2011 budget to Parliament on 23 February 2011.
<fn>GOV-ZA.2010120801En.2012-02-10.en.txt</fn>
The South African government welcomes the positive assessment of the domestic financial sector made by the IMF and the World Bank in the Report on Observance of Standards and Codes (ROSC) released today. The IMF and the World Bank undertook a detailed assessment in March 2010 of South Africa's adherence to international banking, insurance and securities markets' regulatory standards in terms of their Financial Sector Assessment Programme (FSAP).
The assessment team met with representatives of the major regulators - the South African Reserve Bank (SARB), the Financial Services Board (FSB) and the National Credit Regulator (NCR) - as well as the National Treasury. They also met with representatives of the private sector. The ROSC assessment forms the basis of the global peer review mechanism for regulatory standards. As a member of the G20-led Financial Stability Board, South Africa commits to regular ROSCs and assessments of financial sector regulation, which are made public. The 2010 review is South Africa's third assessment. A preliminary pilot FSAP was undertaken by South Africa in 2000, followed by an FSAP update in 2008 and this year's review.
The ROSC assesses the financial stability and compliance by countries with three key standards: Basel Core Principles for banking supervision, International Organization of Securities Commissions (IOSCO) principles for securities markets regulation and Insurance Core Principles of the International Association of Insurance Supervisors (IAIS) for insurance regulation.
In general, the ROSC assessors found the supervision of South African banking, insurance and securities markets to be of a high standard and that the regulatory framework is generally sound, as seen in the ability of the South African financial sector to weather the global financial crisis relatively well. Furthermore, the ROSC found that South Africa has made substantial progress in addressing recommendations made in the earlier FSAPs. In addition , the Financial Stability Board has concluded that South African authorities adhere to regulatory and supervisory standards on international cooperation and information exchange.
However, there will always be risks and weaknesses in the financial system, and the ROSC also identifies areas for improvement which will enable South Africa to achieve best practice in regulation. National Treasury, the SARB and the Financial Services Board are working together to develop a response to the recommendations made in the ROSC assessment to improve alignment with the internationally recognised standards of regulation.
It is the strength of our regulatory system that ensured that the South African financial sector responded to the 2008 financial crisis as well as it did, unlike the major systemically important banks operating in the advanced economies of the world.
<fn>GOV-ZA.20101210Gg33842Nr1162PaiaEn.2012-02-10.en.txt</fn>
· Court Services Structure.
· Application form for appointment as sheriff.
· Application form for appointment as appraiser.
Family Advocate sub-offices.
International Child Abduction, 1996, (Act 72 of 1996).
· Legislation on Equality Courts.
· Forms used in the Equality Courts.
· Other documents, booklets, brochures and pamphlets, general documents.
· Equality Review Committee matters and documents.
· Contact numbers for Court Services.
· The Legislative Process.
· Legislation administered by the Department.
· The South African Law Reform Commission (SALRC).
· Contact numbers.
· Calendar of events.
Financial Management · General information on Financial Services.
Legal Advisory Services · General information on Legal Advisory Services.
· Legislation reports and work schedules.
Department of Justice and Constitutional Development http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/dzn5b/huz5b/c 12/17/2010 No: R.
Masters of the High Courts · Forms. · Newsletters/reports. · Pamphlets.
Information Systems · The Vanguard. Management · Hearsay newsletter.
The list of records (a) The records may be obtained on request in writing addressed to above the PAIA unit, Department of Justice & Constitutional Development; Private Bag X81; Pretoria; 0001, (fax number 012 357 8004) and on payment of the fee prescribed in item 2 of Part II of Annexure A of the regulations relating to the Promotion of Access to Information.
The list of records (a) The records may be obtained on request in writing addressed to above and where the the PAIA unit, Department of Justice & Constitutional Development; record requested is Private Bag X81; Pretoria; 0001. (fax number 012 357 8004) available free of charge http://www.mylexisnexis.co.za/nxt/gateway.
<fn>GOV-ZA.20101210gg33842nr1160paiaEn.2012-02-10.en.txt</fn>
· Citizen's report.
· Service standards. Service delivery charter.
Mr Nerulal Ramdharie Tel: 015-298 7000 E-mail: RamdharieN@treasury.limpopo.aov.za Ms Ndivhuwo Ramuntshi Tel: 015-298 7000 E-mail: Ramuntshin@treasury.limpopo.qov.za www.limpopo.gov.
DESCRIPTION OF CATEGORY OF MANNER OF ACCESS TO RECORDS e.g.
· Mbumbo ya Tshiimiswa · Nomboro dza u ditanganyisa na Muhasho · Fomo dza Khumbelo ya mushumo na muhasho · Maitele/ Maitele a Tshibugwana · Muvhigo wa Vhadzulapo.
· Zwimbambiri zwa mafhungo.
Mohlankedi wa Tshedimošo: Mr Nerulal Ramdharie (Hlogo ya Kgoro) Nomoro ya Mogala. : (015) 298-7000 E-meile : RamdharieN@Streasury.limpopo.gov.za Mothušamohlankedi wa Tshedimošo: Ms http://www.mylexisnexis.co.za/nxt/gateway.
<fn>GOV-ZA.20101210gg33842nr1161paiaEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2010121302En.2012-02-10.en.txt</fn>
In the 2010 Budget and the Medium Term Budget Policy Statement, the Minister of Finance said that details of proposed changes to financial and foreign exchange regulatory arrangements would be published before the end of this year.
Regulation 28. The second draft of Regulation 28 was released on 10 December 2010. Linked to this draft, today the prudential foreign asset limits for institutional investors are also being revised.
Discussion document. To allow for more time for internal consultations within government, the release of the comprehensive discussion document entitled Strengthening the financial sector to better serve South Africa is postponed and will now be released for public comment in February next year.
Drawing on the lessons learnt from the global financial crisis, Government has previously announced reforms to improve the capacity of South Africa to better manage flows of capital, and to complement the current system with a macro-prudential approach to the regulation of foreign exposure. A broader, long-term emphasis on prudential financial supervision was indicated as early as 1997, while reforms aimed at shifting towards prudential regulation for institutional investors were announced in the 2004/2004 Budget. In terms of this approach, a number of announcements were made in the 2010/2011 Budget and in the 2010 Medium Term Budget Policy Statement..
The prudential approach to regulating foreign exposure aims to manage and encourage two-way flows of capital, whilst allowing a small, open economy such as South Africa, to respond to external shocks with appropriate policy instruments. In addition, a gradual and sequenced liberalisation of exchange controls also protects the economy against large outflows of domestic capital and an increased reliance on volatile foreign capital. The country's approach to reform therefore takes cognisance of the need to find the right balance between supporting outward investment and cushioning the economy against shocks.
In the 2008 Budget, the Minister announced the replacement of exchange controls on institutional investors with prudential regulation. This was a major announcement since it removed the inefficient exchange control application and approval process on institutional investors' offshore investments.
In the 2010 MTBPS, the Minister announced that "the prudential framework for foreign investment by private and public pension funds, including the Government Employees Pension Fund will be reviewed to support portfolio re-alignment and offshore diversification of these funds, especially in the rest of the African continent and into other emerging markets".
Current analysis shows that a number of institutions, in particular retirement funds, representing a significant portion of the industry investable assets, could be constrained by the current prudential foreign asset limit, especially if GEPF is excluded in the analysis.
As part of a package of measures to respond to surging portfolio inflows and to concretise the announcements made by the Minister in the 2010 MTBPS, National Treasury announces a 5 percentage point increase in the limit to the percentage amount that institutional investors can invest offshore.
National Treasury would like to alert investors that the announced increase in prudential foreign asset limits should also be regarded as a mechanism for absorbing current holdings of inward listed instruments not having a domestic classification. Specifically, this includes those inward listed shares which have been granted an extension or exception by the Minister to allow for their holding outside the foreign investment limits for a transition period that will expire in the next two years. It is the Treasury's view that the 5 per cent increase in the foreign prudential limit should be sufficient to incorporate such existing holdings.
The Reserve Bank will provide further details on these announcements.
<fn>GOV-ZA.20101224Gg33897Nr1221PaiaEn.2012-02-10.en.txt</fn>
No: R. 1221 Title: Promotion of Access to Information Act (2/2000): D http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/...
DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT No. R.
Ã Budget Ã Departmental Tariffs Schedule Ã Organisational Structure Ã Departmental Annual Report Ã Acts Regulations & White Paper Ã Departmental Strategic Plans Ã Departmental Annual Performance Plan Ã Published Research Reports Ã Departmental Policies and Procedure Manuals Ã Departmental File Plans Ã Circular of advertisement of Posts Ã Advertisement of Tenders Ã Citizen Reports Ã Domain Specific Standards Ã Service Delivery Improvement Plan Ã Departmental Events Calendar Ã MEC's speeches Ã Departmental contact details The Records may be inspected at the Department on request addressed to: The Deputy Information Officer Department of Health & Social Development 18 College Street, Polokwane, 0700 Private Bag x 9302, Polokwane, 0700 Tel: 015-293 6038 Fax: 015-293 6211 Email: Lesegomonama@dhw.norprov.gov.
Ã Departmental Tariffs Schedule Ã Organisational Structure Ã Departmental Annual Report Ã Acts Regulations & White Paper Ã Departmental Strategic Plans Ã Departmental Annual Performance Plan Ã Published Research Reports Ã Departmental Policies and Procedure The Records may be accessed on request addressed to the office of the: The Deputy Information Officer Department of Health & Social Development 18 College Street, Polokwane, 0700 Private Bag x 9302, Polokwane, 0700 Tel: 015-293 6038 Fax: 015-293 6211 Email: Lesegomonama@dhw.norprov.gov.
1 of 2 1/13/2011 3:04 PM No: R. 1221 Title: Promotion of Access to Information Act (2/2000): D http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/...
Manuals Ã Departmental File Plans Ã Circular of advertisement of Posts Ã Advertisement of Tenders Ã Citizen Reports Ã Domain Specific Standards Ã Service Delivery Improvement Plan Ã Application for Employment (Z83) Ã Departmental Events Calendar Ã MEC's speeches Ã Application forms Ã Departmental contact details Website: www.dhsd.limpopo.gov.
Office No.
<fn>GOV-ZA.20101224Gg33897Nr1222MagcourtRulesBoardEn.2012-02-10.en.txt</fn>
The Rules Board for Courts of Law has, under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), with the approval of the Minister for Justice and Constitutional Development made the rules in the Schedule.
SCHEDULE GENERAL EXPLANATORY NOTE: [] Expressions in bold type in square brackets indicate omissions from existing rules.
In this Schedule "the Rules" means the Rules Regulating the Conduct of the Proceedings of the Magistrates' Courts of South Africa published under Government Notice No. R. 740 of 23 August 2010.
"1. When the amount in dispute is less than or equal to the amount of [R7 000] R12 000, costs shall be taxed on Scale A; when the amount in dispute exceeds the amount of [R7 000] R12 000, but is less than or equal to R50 000, costs shall be taxed on Scale B; when the amount in dispute exceeds R50 000 or when the matter is in respect of a divorce or matrimonial dispute, costs shall be taxed on Scale C.".
Item 1 Item 2 Item 3 Item 4 -Item 5 -Item 6 -Item 7 -Item 8 -Item 9 -Item 10 - Registered letter of demand in terms of section 56 of the Act - Summons, inclusive of a letter of demand other than the letter of demand referred to in item 1: (a) Claim or claims where the aggregate amount of the claim or claims does not exceed [R7 000] R12 000 (b) Claim or claims where the aggregate amount of the claim or claims exceeds [R7 000] R12 000 but does not exceed R50 000 (c) Claim or claims where the aggregate of the claim or claims exceeds R50 000, and in respect of divorces or matrimonial matters - Judgment: (a) Claim or claims where the aggregate of the claim or claims does not exceed the amount in 2(a) (b) Claim or claims where the aggregate of the claim or claims exceeds the amount in 2(b) but is not more than R50 000 (c) Claim or claims where the aggregate of the claim or claims exceeds R50 000, and in respect of divorces or matrimonial matters Notice in terms of rule 12 (2) Notice in terms of rule 54 (1) Affidavit or certificate Attending court at the request of the magistrate when claim is referred to court for judgment or to obtain provisional sentence when claim is undefended For each registered letter forwarded to the debtor in terms of section 57(1) or (3) or section 58(2), of the Act by the creditor or his attorney, including copies Admission of liability and undertaking to pay debt in instalments or otherwise (section 57 of the Act) - Consent to judgment or to judgment and an order for the payment of judgment debt in instalments (section 58 of the Act) R29,00 R98,00 R327,00 R485,00 R98,00 R250,00 R408,00 R47,00 R47,00 as allowed under item 15 on the scale for defended actions.
These rules shall come into operation on 28 January 2011.
<fn>GOV-ZA.20101229gg33907nr1257npacodeofconductEn.2012-02-10.en.txt</fn>
The prosecutorial discretion to institute and to stop criminal proceedings should be exercised independently, in accordance with the Prosecution Policy and the Policy Directives, and be free from political, public and judicial interference.
1 of 3 1.
No: R. 1257 Title: National Prosecuting Authority Act (32/1998): Publi http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/...
All prosecutors should respect and comply with the terms of this Code and report any instances of unprofessional conduct by colleagues (and also, as the case may be, other court officials) to the relevant supervising authority who should consider the appropriate steps to be taken, and do so.
Deputy Directors of Public Prosecutions and prosecutors, being civil servants, are also expected to comply with the Code of Conduct for the Public Service.
References in this Code to prosecutors include members of the National Prosecuting Authority as defined in the Act and every person acting under a temporary delegation to prosecute, unless the context indicates otherwise.
Please try again later.
<fn>GOV-ZA.20101231gg33901nr1239paiaEn.2012-02-10.en.txt</fn>
· · · · · · · · · · · · · · · · · · · · · · · · · Departmental Strategic Plans Departmental Annual Performance Plan Service Delivery Improvement Plan Annual Reports Employment Equity Reports Published research reports Approved organizational structures Departmental File plans Budgets Departmental acts, regulations, policies and procedure manuals Citizens' report Promotion of Access to Information Manual Service Standards Service Delivery Charter Statement of commitment Departmental Events Calendar Copies of speeches by the MEC Circulars of advertised posts and services Departmental forms Staff Contact Details Directory Journals and magazines Tender Bulletins News Letters Promotional material Departmental media statements The records may be inspected at the Department on request, addressed to the Office of the Deputy Information Officer, Department of Sport, Arts and Culture Private Bag x9549 Polokwane 0700 Tel. No. 015 284 4043 Fax: No.: 0865460880 e-mail address: Nkatingij@sac.limpopo visit our website www.limpopo.gov.
Tender Bulletins Records can be purchased at the Revenue Section Second floor Office No.
· · Annual Reports · · · · · · Service Delivery Improvement Plan Approved organizational structures Departmental File plans Budgets Departmental acts, regulations, policies and procedure manuals Citizens' report Promotion of Access to Information The records may be accessed on request addressed to the Office of the Deputy Information, Department of Sport, Arts and Culture Private Bag x9549, Polokwane 0700 Tel. No. 015 284 40 43 Fax: No.
1 of 2 1/13/2011 3:12 PM No: R. 1239 Title: Promotion of Access to Information Act (2/2000): D http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/05oob/...
· · · · · · · Service Standards Service Delivery Charter Departmental Events Calendar Copies of speeches by the MEC Circulars of advertised posts and services Departmental forms Staff Contact Details Directory Nkatingij@sac.limpopo.gov.za or visit our website www.limpopo.gov.
Fax: No.: 0865460880 Email address: Nkatingij@sac.limpopo gov.za or visit our website www.limpopo.gov.
Head of Department Tlhoaele J.D.
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<fn>GOV-ZA.20101231publicinstitutionssch13dEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.201012shanghaidelegationEn.2012-02-10.en.txt</fn>
The Shanghai High Peoples Court met with the Durban Masters office and Durban High Court on the 17th December 2010 to strengthen cooperation in the judicial field. The delegation consisted of five senior Judges from the Shanghai Maritime Court, Shanghai High Peoples Court, and the Intermediate Peoples Court. We presented to the judges on our legal system and how our courts functions. The delegations were taken on a tour of the Durban High Court. The meeting was one where professional ties were built and insight into each our judicial systems gained lending to a broadening of our understanding of each system.
The Deputy Judge President Judge C Patel graciously hosted us at the Durban High Court.
<fn>GOV-ZA.20101revisedanalearnerreportEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.201030daycountdownEn.2012-02-10.en.txt</fn>
Dancers, singers, minstrels and the sound of vuvuzelas brought football fever to the City Hall on Tuesday 11 May, as the City of Cape Town marked 30 days to go before the start of the 2010 FIFA World Cupâ. Click here for the video clip.
Executive Mayor, Alderman Dan Plato, used the opportunity to announce the City's 2010 programme to involve all Capetonians in the event. Click here for the video clip.
This includes ensuring that residents and visitors who don't have tickets to any of the eight matches at Cape Town Stadium can experience this "once in a lifetime" event first hand - by being part of the official FIFA Fan Fest, or one of the Public Viewing Areas (or Fan Jols).
"No ticket, no problem," said City 2010 spokesperson, Pieter Cronje, adding that "the jols will be where the action is".
The FIFA Fan Fest on the Grand Parade will accommodate thousands of football fans, and will offer a giant screen to watch the action, as well as an authentic stadium atmosphere. Live performances and food and drinks will also be on offer.
The City will also set up four official Public Viewing Areas - Athlone (Vygieskraal), Bellville Velodrome, the Swartklip Sport Complex (Mitchells Plain) and the Oliver Tambo Centre (Khayelitsha) - where those who can't make it into the city centre can watch live games on giant screens.
The City's plans for these public viewing areas are nearly complete, with the safety and security plans "95 percent finished", said the City's 2010 operations director Lesley de Reuck.
"For the Final Draw in December we expected 15 000 people in Long Street and ended up with 55 000, so we are planning for an overflow."
Following successful auditions, the main acts have been appointed, and other entertainers - including buskers, stilt walkers and magicians - are also being finalised.
Meanwhile, the City's other preparations are at an advanced stage and being fine-tuned, said De Reuck. This includes transport, security, vending opportunities and training volunteers.
He added that the people flocking to see the World Cupâ when it visited during the Trophy Tour showed just how much excitement is building.
When they lifted the black cloth and unveiled the trophy, my heart fell through my stomach as I realised that we have been doing all this planning and now it's finally here.
"We are ready to welcome the world," De Reuck said.
<fn>GOV-ZA.2010AdminJusticeEn.2012-02-10.en.txt</fn>
The Department of Justice and Constitutional Development (DoJ&CD) is ready to provide speedy and efficient Access to Justice for All during the 2010 FIFA World CupTM tournament in June. The FIFA World CupTM is a major sporting event, which attracts a large fan base across the globe.
The South African Government, in particular, the DoJ&CD, has a constitutional obligation to ensure that the rights of all the people who are within the borders of the country are protected. This constitutional guarantee will be extended to the multitude of football fanatics, who are expected to come from the different corners of the world. The department has put in place mechanismsto promote Access to Justice for All to fulfil this significant mandate.
The DoJ&CD in conjunction with other stakeholders of the Integrated Justice System, which include the National Prosecuting Authority (NPA), Legal Aid South Africa (LASA) and the Judiciary, developed a 2010 FIFA World CupTM Administration of Justice plan.
20 are in regional courts.
<fn>GOV-ZA.2010CjExpungetsEn.2012-02-10.en.txt</fn>
EXPUNGEMENT OF RECORDS OF CONVICTION AND SENTENCE IN TERMS OF THE CHILD JUSTICE ACT, 2008 1.
the period of 10 years, referred to in subsection (1) (a) (ii), has not yet elapsed, if the Cabinet member responsible for the administration of justice is satisfied that the child otherwise complies with the criteria set out in subsection (1).
(a) The head of the Criminal Record Centre of the South African Police Service or a senior person or persons at the rank of Director or above, employed at the Centre, who has or have been authorised, in writing, by the head of the Centre to do so, must expunge the criminal record of a child if he or she is furnished by the applicant with a certificate of expungement as provided for in subsection (2) or (3).
intentionally or in a grossly negligent manner, expunges the criminal record of any child, is guilty of an offence and is, if convicted, liable to a fine or to a sentence of imprisonment for a period not exceeding 10 years or to both a fine and the imprisonment.
Section 87 of the Act must be read with Schedules 1, 2 and 3 of the Act.
1 Theft, whether under the common law or a statutory provision, receiving stolen property knowing it to have been stolen or theft by false pretences, where the amount involved does not exceed R2 500.
9 Crimen iniuria.
11 Crimen expositionis infantis.
the use of a child for purposes of child pornography or in order to benefit in any manner from child pornography, as provided for in section 20 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
11 Compelling or causing children to witness sexual offences, sexual acts or self-masturbation referred to in section 21 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
13 Trafficking in persons for sexual purposes referred to in section 71 (1) and involvement in trafficking in persons for sexual purposes referred to in section 71 (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
the proceeds of unlawful activities referred to in Chapter 3, of the Prevention of Organised Crime Act, 1998 (Act 121 of 1998).
19 Any offence of a serious nature if it is alleged that the offence was committed by a person, group of persons, syndicate or any enterprise, acting in the execution or furtherance of a common purpose or conspiracy.
The Regulations, made under the Act, further regulate the expungement procedure.
section 87(3) of the Act to the Cabinet member responsible for the administration of justice, for the expungement of a conviction and sentence must correspond substantially with Form 13 of the Annexure.
(a) Form 13 must be available at every magistrate's office and on the website of the Department of Justice and Constitutional Development.
Copies of section 87 and Schedules 1, 2 and 3 of the Act must be made available to every applicant who requests an application form.
by handing it in at the National Office of the Department of Justice and Constitutional Development.
The Cabinet member responsible for the administration of justice must express his or her opinion in terms of section 87(1)(b) of the Act in writing and record his or her reasons for the opinion.
the requirements which have not been met and why not, and specify a date on or before which the applicant may respond to the Director-General on the information submitted.
The Director-General must, after expiry of the date specified in the notice, consider the response by the applicant, if any, and make a decision regarding the application for expungement.
of the remedies available to the applicant in terms of the Promotion of Administrative Justice Act, 2000 (Act 3 of 2000).
the requirements which have not been met and why not, and specify a date on or before which the applicant may respond to the Cabinet member on the information submitted.
The Cabinet member responsible for the administration of justice must, if he or she is satisfied that the child complies with the criteria set out in section 87(1) and (3) of the Act, issue a certificate of expungement which corresponds substantially with Form 15 of the Annexure.
The regulations prescribe a form, Form 13 (J763), to be used when applying for expungement.
Note: The Department of Social Development is responsible for the expungement of diversion orders, for further details on this, please contact them directly on 012 312 7653 or go to www.dsd.gov.za.
<fn>GOV-ZA.2010CrossBorderCoopJt2010Issue2En.2012-02-10.en.txt</fn>
he South African government is working hard to ensure that South African children receive the best education. However, this is not the case in Zimbabwe as children who are living alongthe border cross into South Africa (SA) to attend school during the day or even to see a doctor. This is a great risk to their personal safety.
15 countries discussed ways to strengthen crossborder co-operation for the protection of childrenat risk and to better regulate inter-country adoption in Pretoria on 23 to 25 February 2010.
Speaking at the conference, Chief Family Advocate, Ms Petunia Seabi said the South African government was in talks with Zimbabwean authorities to set up protocols to protect these children. She said neither of the governments would prevent children from accessing services across theborder, but would rather try to address the risks the children take while crossing the border unaccompanied.
"The National Programme of Action for children in South Africa deals with all policies and plans to promote and implement the treaties. It also coordinates the efforts of different government departments and Non-Governmental Organisations,"she said.
Adv Seabi said an efficient and effective method of cross-frontier child protection will uphold the child's best interest. "A proper method will provide mechanism; enhance collaboration and cooperation between party states in safeguarding the welfare of children. It will also ensure the applicabilityof the laws of the country of origin in foreign countries," she explained.
Charter on the Rights and Welfare of the Child and the United Nations Convention on the Rightsof the Child, many countries have yet to ratify theHague Conventions pertaining to children, which seek to standardise international law in the best interests of the child and provide a comprehensive legal framework for the cross border movement of children between countries.
Hague Convention of 2007 on the International Recovery of Child Support.
Convention, Ms Seabi said The Convention is enforceable between SA and 33 countries.
Deputy Secretary-General for the Hague Conference on Private International Law Professor William Duncan said "The African child is the Continent's most precious resource. Many African countries are reforming their national systems ofchild care and protection. However, because of the increasing movement of families and children across borders, the protection of the child can nolonger be secured by national action alone."
The recent movement of large numbers of unaccompanied minors between Zimbabwe, SouthAfrica and other States in the Region, with theprospect of further movements around the 2010FIFA World Cup, underlined the urgency of the situation.
Prof Duncan said concerted action by two or morestates may be needed to protect children, who are the victims of sale, trafficking or abduction, unaccompanied minors who in large numbers are crossing country borders.
State co-operation is needed to track, find, protect and in some cases repatriate vulnerable children,he said.
The seminar, according to Prof Duncan, was an important beginning but will need follow-up at the national and regional levels if the spirit of cooperation demonstrated by the participants is tobe translated into permanent and workable structures, through the Hague Conventions and byother means, for inter-State co-operation in childprotection.
The Hague Conference on Private InternationalLaw is an inter-governmental organisation basedin the Netherlands working for the harmonisationof rules of private international law. It currentlyhas 69 Members located on every continent andover 130 States party to one or more Hague Conventions. The Hague Conference seeks to build bridges between various legal systems, while respecting their diversity. In doing so it reinforces the legal security of private persons which is essentialin this age of globalisation.
"States will need assistance in developing CentralAuthorities to support co-operation," Mr Duncansaid. South Africa has already established a central authority. The authority is headed by Ms Seabi. The Central Authority in South Africa applies, on behalf of the applicant, to the Central Authority of the country to which the child has been taken.
Provide or facilitate the provision of legal aidand advice.
The Central Authority will assist in tracing a child if a child has been wrongfully removed from SouthAfrica or retained in South Africa.
<fn>GOV-ZA.2010DedicatedCourtsEn.2012-02-10.en.txt</fn>
Once again, South Africa has proven that it is a Constitutional Democracy which is governed by the rule of law. Amidst international skepticism and fears of escalating criminal activities, the country delivered a safe and secure 2010 FIFA World Cup tournament. A well coordinated justice system ensured that all the people suspected of criminal activities were apprehended and tried within a short space of time. This allowed the multitude of football fans to enjoy the skills displayed by their favourite teams, entertainment at the stadiums, the country's beautiful scenery and spirit of ubuntu.
The 56 dedicated courts contributed immensely towards the enhanced security system. These dedicated courts are part of the administration of justice plan, which was developed by the department in conjunction with all stakeholders of the Justice Crime Prevention Security (JCPS) Cluster. The plan took into consideration proper court infrastructure, adequate court administration staff and court security.
Since their official launch by the Minister of Justice and Constitutional Development, Mr Jeff Radebe, these courts have been hailed by all for their swift justice services. Despite all the negativity prior to the World Cup tournament the department remained confident in its ability to administer effective and efficient justice services.
During the launch Minister Radebe assured South Africans and tourists that the 2010 FIFA World Cup tournament will be contested and celebrated in a safe environment. "The Police Department is fully ready to attend to any security challenges posed by this tournament. Likewise, as integral to the JCPS, we made preparations with regards to ensuring justice in the event that various matters warranting prosecution arise," he said. "Let me reassure you that all law abiding citizens and visitors alike need not worry because of the stringent measures we will apply to ensure safety and security of both citizens and visitors coming here to watch this football spectacle," Minister Radebe continued.
The event was held at the Randburg Magistrate's Court, where an announcement was made of the 2010 FIFA World Cup dedicated courts.  Also attending the event were, among others the National Director of Public Prosecutions, Advocate Menzi Simelane; soccer legend, Lucas Radebe; 2010 Local Organising Committee Chief Executive, Danny Jordaan; and FIFA Secretary General, Jerome Valcke.
The dedicated court rooms ensured that the normal judicial services for South Africans are not disrupted. These court rooms dealt with all the criminal and civil related cases arising from the tournament.  Subsequent to the event, criminal activities ranging from theft, ambush marketing, trespassing, house breaking, driving under the influence of liquor, fraud, assault and bomb threats were heard and a greater proportion of these cases were concluded. A higher percentage of the cases were concluded with a conviction. One of the various cases that ended with a conviction is the issue of a Nigerian national, Kunle Benjamin, who was found in possession of FIFA World Cup tickets. Benjamin was arrested and convicted on a charge of possessing stolen property and sentenced to three years imprisonment without the option of a fine. The success of these dedicated courts is a result of creativity in deployment of resources, high level co-ordination among all personnel in the court system, and supervision of investigation and prosecutions of cases. The various treaties that South Africa has signed with many countries and multilateral institutions around the world also played a role to the success of the courts. South Africa is signatory to various treaties relating to the attainment of justice and equality in various fields of human rights activities. As a result, South African law is synchronised to international law and the laws of other countries, thus making it difficult for criminals to find a hiding space around the globe.
During the launch of these dedicated courts, the Minister had also highlighted the significance of these international treaties in fighting crime.  "As partners in this global endeavour of fighting crime, we have pulled all stops to ensure that the judiciary puts its shoulder to the wheel to fasttrack the prosecution of foreign nationals who, wittingly or unwittingly, may be caught up in criminal activities. The full might of the law will be applied to anyone irrespective of country of origin, who may act or get involved in acts that may undermine our laws as well as the successful hosting of this very important FIFA World Cup," the Minister explained. The commitment and endurance of the court officials, who have had to operate for extended hours, also played a significant role in the smooth running of the court process. Their courage is exemplary and should inspire all of us to work hard to ensure that the notion of access to justice for all is realised.
Speaking at the same event, the Department's Chief Operations Officer, Dr Khotso De Wee thanked SASSETA for providing funding that ensured that volunteers are trained. "Through a legacy project of recruiting volunteers, a pool of about 290 unemployed youths was trained in the accredited Customer Service Management course. I wish to thank SASSETA for funding this project," he explained. These volunteers have contributed immensely in ensuring that dedicated courts deliver on their mandate to ensure swift justice during the 2010 FIFA World Cup tournament.  True to Advocate Menzi Simelane's affirmation during the event, the prosecutors dealt with all matters that were reported during the World Cup.
The Department is committed to preserve all elements that led to the success of these dedicated courts to improve on the criminal justice system. A comprehensive assessment will be done to identify successful elements which will then be incorporated into the normal criminal justice services.
<fn>GOV-ZA.2010DojcdRoleEn.2012-02-10.en.txt</fn>
An administration of justice framework was developed to deal speedily and effectively with incidents that are in conflict with the law during the 2010 FIFA World Cup Event. The experience from previous host countries indicated that the influx of foreign nationals in world cups increases criminal activities. Therefore, special measures should be put in place to process any criminal matters that may arise from big events such as the FIFA World Cup.
A total of 56 courts have been identified in all Host Cities as special courts that will deal with World Cup Event related cases. Cases committed against or by foreigners will be given priority. The Department has set aside skilled and experienced court personnel such as Prosecutors, Magistrates and Attorneys from Legal Aid South Africa, who will deal efficiently and effectively with all cases arising from the event.
The courts will operate two weeks before the event and two weeks after the event, that is, from 28 May 2010 to 25 July 2010. The court hours will be divided into two shifts as follows: 07h45- 16h15 (First Shift) and 16h15-23h00(Second shift).
To create a legacy for the country, the Department spearheaded a programme to train volunteers who will give assistance in any identified court administration need. Thanks to the Safety and Security Sector Education and Training Authority (SASSETA) that funded this special programme to the value of R1million.
<fn>GOV-ZA.2010Dp120Project25En.2012-02-10.en.txt</fn>
EMBARGO: FOR IMMEDIATE RELEASE MEDIA STATEMENT BY THE SOUTH AFRICAN LAW REFORM COMMISSION CONCERNING ITS RELEASE OF DISCUSSION PAPER 120 ON STATUTORY LAW REVISION IN RESPECT OF LEGISLATION ADMINISTERED BY THE DEPARTMENT OF CO-OPERATIVE GOVERNANCE AND TRADITONAL AFFAIRS The South African Law Reform Commission (SALRC) hereby releases its Discussion Paper 120 on Project 25: Statutory law revision in respect of legislation administered by the Department of Co-operative Governance and Traditional Affairs (CoGTA), for general information and comment. The discussion paper sets out the SALRC's preliminary recommendations for law reform regarding statutes administered by CoGTA. The SALRC has identified 57 Acts as being statutes that are administered by CoGTA.
ï· the provisions of Acts set out in Schedule 3 of the proposed Bill be amended to the extent set out in that Schedule, for the reasons set out in Chapter 2 of the discussion paper.
On 17 November 2010 the SALRC considered and approved the publication of Discussion Paper 120. The SALRC invites comments and suggestions on Discussion Paper 120.
The Secretary South African Law Reform Commission Private Bag X668 Pretoria 0001 Tel: (012) 392 9563 Fax: 086 501 9217 or (012) 323-4406 E-mail: LMngoma@justice.gov.za Website: http://salawreform.justice.gov.za/ The South African Law Reform Commission was established by the South African Law Reform Commission Act 19 of 1973. It is an advisory body whose aim is the renewal and improvement of the law of South Africa on a continuous basis.
Discussion Paper 120 will be made available on the Internet at the following site: http://salawreform.justice.gov.za/dpapers.htm The discussion paper is also obtainable free of charge from the SALRC upon request (the contact person is Mr Jacob Kabini at (012) 392 9580). ISSUED BY THE SECRETARY: SA LAW REFORM COMMISSION DATE: 8 December 2010 CONTACT FOR ENQUIRIES IN RESPECT OF MEDIA STATEMENT: MR L MNGOMA Tel: (012) 392 9563 Fax: (012) 323 4406 E-mail: LMngoma@justice.gov.
<fn>GOV-ZA.2010En.2012-02-10.en.txt</fn>
World Cup legacy - SouthAfrica.
The 11th of July 2011 marks exactly one year since the end of the first Fifa World Cup on African soil. It was on that day that Spain rewrote the history books when they lifted the trophy for the first time after defeating The Netherlands 1-0 at a packed Soccer City in Johannesburg.
South Africans united as never before during the 2010 Fifa World Cup - and Bafana Bafana weren't the only object of our flag-waving, vuvuzela-blasting enthusiasm. Ghana felt the love, too, as did every foreign visitor to the Rainbow Nation in its finest hour since 1994. One year later, the memories live on.
One year after the first Fifa World Cup on African soil, Bathandwa Mbola remembers the highs of the tournament and, while acknowledging the lows, challenges South Africans to "keep flying".
On 11 June, South Africa marked the first anniversary of what many have called the best World Cup ever. However, out of respect for the funeral of Albertina Sisulu, the 2010 LOC will host its celebratory event around 11 July - one year after the final match of the tournament.
More stories...
Sports fever on Magnificent Fridays!
More than a one-sport wonder!
Helping the media cover the South African story.
Skills, infrastructure, respect abroad, unity at home: 2010 was just the beginning.
Fifa scored it a near-perfect 9 out of 10 - here are some of the reasons why.
South Africa gave its visitors the "Rainbow World Cup" experience of a lifetime.
Ordinary South Africans, uniting as never before, were the real heroes of 2010.
Thank You, World!
You arrived with open minds. And embraced the spirit of Africa...
World Cup stadiums, fans, vuvuzelas and more on MediaClubSouthAfrica.com.
<fn>GOV-ZA.2010EnglishQuestionnaireEn.2012-02-10.en.txt</fn>
The Agricultural Sample Survey covers the activities on commercial farms in South Africa which are registered in the taxation system. Results are used to document the status of the agricultural industry and its market needs. Individual farmers use the results to position themselves relative to the industry as a whole. These results will be published in Statistical Release P1101 - Agricultural Sample Survey 2010. The publication will be available at: www.statssa.gov.za.
The information required is collected under section 16 of the Statistics Act, 1999 (Act No. 6 of 1999). Your cooperation is sought in completing and returning this questionnaire by the due date. The provision of the information sought is compulsory.
Confidentiality In accordance with section 17 of the Statistics Act, 1999 (Act No. 6 of 1999), your completed questionnaire remains confidential to Statistics South Africa (Stats SA).
Reference period This questionnaire should be completed for your financial year ended on any date between 1 March 2009 and 28 February 2010.
If exact figures are not available, please provide estimates.
30 September 2010.
Îmail address: agriculture@statssa.gov.
Hierdie vraelys is ook in Afrikaans beskikbaar.
This questionnaire should be completed The items listed under subheadings 'Include' and by or on behalf of farmers who operate 'Exclude' are only examples and should not be taken as their own farm, work on a rented farm or a complete list of items to be included or excluded.
on land farmed on shares. If exact figures are not available, please provide estimates.
The data are collected on a farming unit basis. A farming unit consists of one or more farms, holdings or pieces of land, whether adjacent or not, operated as a single unit and situated within the same province.
The cultivation, in the open air or under cover, of field crops, fruit, grapes, nuts, seed, bulbs, vegetables, plants or flowers.
The operation of a tea, coffee and/or sugar plantation.
The breeding of livestock, poultry, game or other animals, including freshwater fish, furred animals, and trade in livestock. -The production of milk, wool, fur, eggs or honey.
This questionnaire should be completed for your financial year ended on any date between 1 March 2009 and 28 February 2010.
Please indicate the period covered by this questionnaire.
If the period covered by this questionnaire is not 12 months, please explain why, e.g. change of financial year.
In which province is the farm situated (Mark with X?
Fax number Email address.
Bee farming.
Other farming income.
Total gross income earned from animal products and other farming income (Question 22 to Question 26).
Other income received for services rendered to other farmers (such as ploughing, harvesting , threshing, baling, picking, spraying, shearing and Rand transport), leasing of farming equipment, salaries and pensions, livestock (studbreeding), animal speculation, etc..
Other income (e.g. rent on land, interest, dividends, rebates, agri-tourism, farm-based retail stores, processing and small manufacturing enterprises).
Insurance claims received.
Total (Question 28 to Question 31).
Where farming activities are situated in different provinces, the division of data between the provinces can be calculated on the basis of, for example, the areas of the different farming units.
Railage and rented transport must be included with the relevant purchases.
Cost price of payment in kind are the costs incurred by the farmer as a result of the provision of rations such as maize meal, flour, slaughter animals, meat, fish, milk, bread, coffee, sugar, tobacco, clothing (social), shoes (social), transport, training and medicine for farm and office workers, and medical expenses paid on their behalf.
Capital expenditure/purchase of assets (included in Part 7).
Director's emoluments, member's and secretary's fees (in the case of a CC).
Salaries, cash wages and cash bonuses (including payment in kind).
Accounting and/or auditing fees.
Advertising and/or market costs.
Bank charges.
Consultant fees (e.g. irrigation consultants, etc.).
Depreciation provided for during the financial year.
Electricity, gas and coal expenses.
Feed purchased for livestock, poultry and aquaculture.
Import and export costs.
Interest paid on mortgages and money borrowed.
Leasing and hiring of livestock (dairy cattle, bulls and rams, etc.).
Levies (e.g. municipality, skills, product, etc.).
Losses as a result of variations in foreign exchange rates.
Losses on sale or realisation for cash or revaluation of assets at a value lower than the book value.
Leasing and hiring of plant, machinery, equipment and vehicles, etc..
Cost for repairs and maintenance on farm assets.
Security services to safeguard the farm and maintenance costs of security systems (including security dogs).
Services rendered by contractors, cooperatives, co-farmers, etc. (e.g. ploughing harvesting, threshing, baling, picking, commission paid spraying and shearing, but excluding security and transport services).
Storage costs.
Telecommunication services (e.g. Internet charges, telephone and facsimile)...
Transport of your agricultural products (excluding fuel).
Water purchased, including water taxes.
Total current expenditure (Question 42 to Question 79).
Horticulture and field crops.
Total purchases (Question 81 to Question 83).
Part 7 - Book value of property, plant and equipment and intangible assets for the financial year ended 28 February 2010 85.
The Agricultural sample survey now requires you to report the carrying BOOK VALUE of assets and NOT the market value as in the past.
Value for land includes residential, non-residential and construction works, roads and parking.
Type of asset (i) Land and book value at beginning of financial year according to balance sheet (ii) Rand Capital expenditure on erection of new buildings and works; additions to and alterations of existing buildings and works; work in progress capitalised; new plant, machinery and vehicles; used plant and machinery if imported by you or on your behalf (whether paid to outside contractors/concerns or done by your enterprise itself) (iii) Rand Capital expenditure on the acquisition of land; existing buildings and works; and used plant, machinery and vehicles; and transfers-in (iv) Rand Sales of assets(-),and revaluation and other adjustments to book value (v) Rand Depreciation during the year (not accumulative depreciation) (vi) Rand Book value at the end of the financial year according to balance sheet (vii) Rand a. Land.
b. Buildings (residential and nonresidential).
c. Construction works, roads and parking areas.
d. Computers, IT, furniture and other office equipment.
e. Motor vehicles, tractors and other transport equipment.
f. Plant, machinery, and implements (used for farming activities).
g. Plantations.
h. Other assets (specify).
i. Total.
Other losses.
Total losses (Question 85 to Question 89).
<fn>GOV-ZA.2010NpfChildjusticeTabled21mayEn.2012-02-10.en.txt</fn>
Priorities of the Act 8 1. Building Capacity in the Sector: 8 2. Ensuring assessment of children 10 3. Preliminary Inquiries 10 4. Sentencing 11 5. Provision of Diversion and Alternative Sentencing Services 12 6. Establishment of Child and Youth Care Centres 12 7. Establishment of One Stop Child Justice Centres (OSCJC) 13 8. Resources and Budgets 13 9. Public Education and Communication 14 10.
The Child Justice Act, 75 of 2008 (hereinafter the Act) is the result of work by government and activists in the childrens rights and child justice fields going back as far as 1996. It is important to recognize the nearly 15 year development process since during that time, despite the absence of a legislative framework, there have been numerous incremental improvements within the system. Over the years a myriad of services, policies and interventions around child related criminal justice have been initiated and sustained. This means that the Act is being introduced into an environment which has anticipated its implementation and one in which many of the obligations of the Act have already been established as part of day to day service delivery.
ï· In 1996 an Inter-Ministerial Committee (IMC) was established which recognised the need for a specialised child justice system in their Interim Policy Recommendations.
ï· In 1997 the South African Law Reform Commission published an Issue Paper on Child Justice,1 which proposed that a separate Bill be drafted in order to provide for a cohesive set of procedures for the management of cases in which children are accused of crimes.
ï· In 1998 a comprehensive Discussion Paper, accompanied by a draft Child Justice Bill2, was produced in consultation with key government departments and non-governmental organisations (NGOs). This was submitted to the Minister of Justice and Constitutional Development in August 2000.
ï· In 2000 a national Inter-Sectoral Steering Committee on Child Justice comprising of the Departments of Justice and Constitutional Development, Safety and Security (Police), Social Development, Correctional Services, Education, Health and the National Director of Public Prosecutions was established.
ï· In August 2002 the Child Justice Bill, 2002 (Bill 49 of 2002) 4 was tabled in Parliament.
1 Ibid.
3 Department of Justice and Constitutional Development, Department of Social Development, Department of Safety and Security, Department of Correctional Services. Interim National for the Management of Children Awaiting Trial. This work was supported by the United Nations technical assistance project on Child Justice.
4 Sloth-Nielsen, J. 2003. Submissions to the Portfolio Committee on Justice and Constitutional Development: The Child Justice Bill 49/2002.
Available at http://www.childjustice.org.za/submissions/SlothNielsen.
ï· Public hearings were conducted on the Bill in February 2003 and deliberations on the Bill by the Portfolio Committee on Justice and Constitutional Development followed in March 2003.
ï· In late 2003 processing of the Bill through Parliament was suspended for a variety of reasons.
ï· In December 2007 amendments were proposed to the Bill by the Minister of Justice and Constitutional Development.
ï· The Portfolio Committee on Justice and Constitutional Development extensively deliberated on the Child Justice Bill during 2008.
ï· The Bill was adopted by the National Assembly on 25 June 2008; adopted by the National Council of Provinces during September 2008; and passed in September 2008.
ï· The President signed the Bill into law in May 2009 and the Act was published in Government Gazette number 32225 on 11 May 2009.
ï· The Act creates a new child justice system with a procedural framework for dealing with children who are accused of committing an offence.
5 Badenhorst, C. 2006. Criminal Capacity of Children. Doctoral Thesis. UNISA. Available at http://uir.unisa.ac.za/bitstream/10500/897/1/thesis.pdf. Accessed on 11 March 2010.
One of the main principles of the Act is to minimise childrens contact with the criminal justice system, and to use detention only as a measure of last resort and for the shortest appropriate period of time. The Act places a focus on how children are managed in the first 48 hours following the child coming into contact with the system. Provisions encourage the avoidance of arrest, and where children are arrested; encourage their release as soon as possible into the care of their parents, guardians or other suitable adults. In the year leading up to the promulgation of the Act, between 9 000 and 13 000 children were arrested each month. Soon after arrest, almost 48% of the children exit the system because they are either released into their parents or guardians care; released on warning or without charge; were found to have given the wrong ages and were then processed as adults through the courts; had their cases withdrawn by the National Prosecuting Authority; or had their cases converted into Childrens Court inquiries in terms of the Child Care Act, 1983 (Act No 74 of 1983), as children in need of care and protection.
The benefits of choosing a diversion option include ensuring that the child receives an intervention based on his or her individual circumstances aimed at preventing him or her from re-offending and producing the best outcome for the child, considering the needs of the victim and promoting public safety. In addition, the child does not incur a criminal record, thereby allowing him or her to become a productive member of society without the stigma attached to having a criminal record and the limitation of occupational opportunities that this would entail. However, precisely because diversion represents an alternative to the formal criminal justice system, the Act carefully regulates the issue, creating a system of checks and balances to ensure that diversion is not a soft option for children who commit crime. In the event of the child not complying with the diversion option, his or her case reverts to court.
ï· promoting co-operation amongst government departments and between Government departments and the non-governmental sector and civil society to ensure an integrated and holistic approach in the implementation of the Act.
ï· Thirdly, that the handover of responsibility towards children in conflict with the law between departments is regulated and well-managed (Managing Inter-sectoral Co-ordination).
This committee is mandated to ensure that training is co-ordinated and that information is widely distributed throughout the sector. Ongoing training, both within individual departments and intersectorally is a key national priority and must be prioritised by all the relevant departments as per sections 97 (4) (e), (5) (e) and (8) of the Act.
7 Zaal, N & Skelton, A. 1998. Providing effective representation for Children in a new Constitutional Era: Lawyers in the Criminal and Children's Courts.
The establishment and building of separate child-friendly infrastructure, such as courts and facilities for awaiting trial and sentenced children, will further receive priority attention by Departments, within the available resources of the State.
Where separate facilities cannot be built specifically for children, Departments will do all in their power to ensure that children are managed separately from adults and that in terms of case flow management principles, childrens cases will be fast-tracked and prioritised.
o the appearance of the child in a child justice court; or o the referral of the matter to a childrens court, where applicable.
The Act creates an effective sentencing framework for children to give effect to the constitutional mandate that detention of children should be a last resort and for the shortest appropriate period of time. This is evident from, amongst others, section 3 on the general principles of the Act and section 69 which sets out the objectives of sentencing. The sentencing framework in the Act prioritises the use of alternative or non-custodial sentences and creates a framework to ensure that residential sentences are a last resort.
All departmental role-players will ensure that systems are put in place to ensure that monitoring of non-custodial sentences; the execution of a section 76(3) sentence and the designation of a Child and Youth Care Centre in terms of section 76(4) are effected as expeditiously as possible in the best interests of the affected children.
ï· content for diversion programmes and alternative sentences (offered either by government departments or service providers).
The DSD is responsible for the provision and management, in terms of Chapter 13 of the Childrens Amendment Act, 2007 (Act No 41 of 2007), for Child and Youth Care Facilities. This Act, together with the main Childrens Act, 2005 (Act No 38 of 2005), also came into operation on 1 April 2010. All Secure Care Facilities and Reform Schools will, from 1 April 2010, become Child and Youth Care Centres, designated for awaiting trial and sentenced children. The existing 4 Reform Schools and 17 Schools of Industry, which are administered by the Department of Basic Education at the moment, will be transferred to the Department of Social Development within the next two (2) years.
The Provincial Child Justice Forums will submit business plans with recommendations to the National ISCCJ, which will recommend establishment in terms of section 89 of the Child Justice Act, 2008, to the Minister of Justice and Constitutional Development, read with section 2 of the Magistrates Courts Act, 1944 (Act No 32 of 1944).
In order to support the information management requirements of the Act, through the Integrated Justice System but also through the individual Departments Information Management Systems, necessary IT systems will be developed.
Ensuring the childs appearance at a preliminary inquiry, primarily through the use of alternatives to arrest but through arrest as a matter of last resort.
Explaining to the child offender and the childs parent / guardian/ appropriate adult that the child offender has a right to legal representation, and if the family does not have their own legal representative, then Legal Aid SA will assign a legal representative to the child.
Attending to all aspects of finding the childs family, appropriate adult or guardian in liaison with the probation officer.
Treating the child in SAPS custody in a manner and in conditions that take account of the childs age and gender. This includes the provision of a mattress, blanket, food and a cell equipped with toilets and showers. Children should be kept separately from adults and boys should be kept separately from girls.
The transportation of a child offender to and from the various detention facilities, such as the Correctional Services Awaiting Trial Centres or Department of Social Developments Child and Youth Care Centres, Reform Schools and the court.
Providing a probation officer to conduct an assessment of all children apprehended on allegations of having committed a criminal offence, as well as presenting the recommendations following that assessment regarding the possible referral of a child to the childrens court and/or counselling, the placement of a child should he or she not be released; and on the appropriateness of diversion including a particular service provider or particular diversion options.
Ensuring the availability of a probation officer to perform duties in court such as giving oral evidence, submitting assessment and pre-sentence reports and participating in the preliminary inquiry. The probation officer should also furnish the inquiry magistrate with an estimation of the childs age if applicable.
The provision and management of Child and Youth Care Centres for children awaiting trial under the Childrens Act (38 of 2005) and will by 2012 have taken transfer of Reform Schools from the Department of Basic Education, as facilities for sentenced children. From time to time a list with all the information relevant to the location of all Child and Youth Care Centres in South Africa, the amenities and features of each centre and the level of security offered by each centre must be provided by DSD to the SAPS and to the Department of Justice and Constitutional Development (DoJ&CD).
Establishment of a court in any One Stop Child Justice Centre established as prescribed in section 2 of the Magistrates Courts Act, 1944 (Act No. 32 of 1944), and read with section 89 of the Act and the OSCJC Guidelines. One Stop Child Justice Centres are not an essential feature required to run the child justice system, but rather an optimal service delivery model which the Minister is empowered to initiate, within available resources.
Providing a Secretariat for the DGs ISCCJ, National Operational ISCCJ and provincial child justice forums.
Decision making, as dominus litis, with regards to whether to prosecute or to divert the child offender. If the child is charged with an offence listed in Schedule 1, the prosecutor may decide to divert the matter, and the diversion order is made an order of court in chambers. If no diversion decision is made at this stage, the matter proceeds to the preliminary inquiry. The prosecutor participates in the preliminary inquiry, and gives an indication at the end of the inquiry, whether he or she supports diversion in such matters.
8 The wording in the Child Justice Act differs in relation to the prosecutorial power to divert a case. In terms of section 52(2) of the Act it stipulates that the prosecutor has to indicate that the matter can be diverted. Thus, the prosecutor is given more power to not just support diversion, but to also make a decision on whether the matter can be diverted.
diverted at the preliminary inquiry, the matter proceeds to plea and trial in the Child Justice Court.
The Department of Basic Education should further be co-responsible for awareness-raising amongst school-going children, of the dangers of crime to support crime prevention, as well as what childrens rights and responsibilities are when they are involved with crime.
The legal representative should allow the child, as far as possible to give independent instructions regarding the case, explain the childs rights and duties and promote diversion, where appropriate, without unduly influencing the child.
In cases where the inquiry magistrate, child justice court or any other court makes a determination of the age of a child offender a copy of the determination must be referred to the DoHA for consideration of issuing an identification document for the child.
It is the Department of Healths responsibility to provide mental health-facilities for children who are referred to mental health-facilities for observation, or who are declared as State patients because of a mental health-challenge.
It is further the Department of Healths responsibility to assist with the provision of expert evidence regarding whether a child has criminal capacity, if the child is between 10 and 14 years of age and the State has to prove criminal capacity.
Offering a range of diversion programmes or community-based sentencing options. While it is the responsibility of DSD to develop, implement and manage diversion and treatment programmes, they also work co-operatively and provide funding for a wide range of NGOs offering diversion and community-based programmes.
The DGs ISCCJ is the most senior structure in a series of inter-sectoral committees which are in place at national, provincial and regional/ local levels in order to provide a vehicle for communication on and the co-ordination of services to children in conflict with the law. The DGs ISCCJ Chair reports directly to the JCPS Cluster meetings.
The DGs ISCCJ will commission research on the matters which are provided for in the Act, such as the review of the age of criminal capacity; which may further be identified for research and which need to be reported upon; and will ensure that the detailed reports required in terms of the Act, are received, approved and submitted timeously.
While the Act provides for the establishment of a DGs ISCCJ which is comprised of Directors- General and which meets twice a year, there is an acknowledgement that in practice there is a need for an ISCCJ which is comprised of senior departmental officials and which meets monthly. It is envisioned that this committee will remain in operation, and report to the DGs ISCCJ, until the obligations of the Act are fully achieved.
10 The ISCCJ meeting should be attended by the Chair of the PCJF. When the PCJF chair is not available to attend an ISCCJ meeting, the deputy chair should attend in his/her absence. While many Provincial representatives may be Justice officials, it should be emphasized that by their attendance of ISCCJ meetings they are representing their provincial child justice fora and not the Department of Justice and Constitutional Development.
ï· Provincial representatives should provide minutes and reports detailing progress within their respective provinces and escalating those issues which require the intervention of the ISCCJ.
ï· Each national department should provide statistics as per the agreed upon templates and reports in order to measure progress on the achievement of the NPF and the Act.
ï· The ISCCJ secretariat should provide an overview of the statistical analysis and progress against achievement of the NPF and the Act as well as escalate issues which cannot be resolved to DevComm and/or the DGs ISCCJ.
Specific NGOs who might be required to give expert/technical input or advice.
While the implementation of the Act requires the services of a number of NGOs in terms of diversion, restorative justice, etc, engagement with those NGOs who render a direct service to one or more of the Departments should be through bilateral meetings rather than via the ISCCJ.
In any system which involves the movement of a case from one department to another, there is the risk that there will be a gap in service during this transition. In the child justice system this could negatively impact on the appropriate handling of the childs case. This NPF thus aims to improve inter-departmental co-ordination in order to improve the transition of the childs case between those departments.
ï· There is a need for regular operational meetings between role-players in order to ensure that each department not only takes ownership of their own area of responsibility but also ensures that the interface between departments is well managed.
ï· It is essential that the child is at the centre of this process, and there should be acute awareness of all role-players that delays, particularly those which cause children to remain in detention, are extremely detrimental to the childs well-being.
ï· The child should be moving through the system in a manner that promotes his or her safety and well-being as a priority.
ï· The changing of shifts or the allocation of different responsibilities to arresting officers and investigating officers should all be managed in such a way as to have minimum negative impact on children in the system.
ï· Case flow management principles should be utilised in support of this.
Immediately but not later than 24 hours after handing written notice to child.
Immediately but not later than 24 hours after handing summons to child.
Release of child on written notice into care of parent, appropriate adult or guardian, if the child is in detention in police custody i.r.o. an offence referred to in Schedule 1, unless certain the parents cannot be located or there is a substantial risk that the child may harm him/herself or any other person.
As soon as possible and before the child appears at the preliminary inquiry.
Person admitting the child where a child is placed in a child and youth care centre, police cell or lock-up or a person, to whose attention it comes that an error has been made regarding placement.
After assessment of the child, except if the prosecutor has dispensed with the assessment if it is in the best interests of the child to do so; and before a preliminary inquiry.
PI must be held within 48 hours of arrest if a child is arrested and remains in detention; or within the time periods specified in the written notice or summons.
Level 1-diversion option:12 11 Provided that where it is not possible to comply, the police official must submit a written report to the presiding officer, furnishing reasons for non-compliance.
# For child 14 years or older, order may not exceed 24 months, except if reasons are given for an order exceeding the time period, on the record of the proceedings.
Must complete the report as soon as possible but no later than six weeks following the date on which the report was requested.
Child justice court; and police (transport of child).
Presiding officer must cause the matter to be retained on the court roll for one month, and must, at the re-appearance of the matter, inquire whether the child has been admitted to the child and youth care centre.
Sentenced child may be sentenced to imprisonment for a period not exceeding 25 years.
# for child older than 14, may not exceed 48 hours, except if the reasons are entered on the record of the proceedings.
ï· For cases involving children heard in High Courts: 9 - 12 months.
These case cycle and turn-around times, will also be monitored by the ISCCJ.
The Act requires a monitoring and evaluation component in support of the implementation of the Act. This is in line with international trends which note that "when government officials and the institutions making up the child (juvenile (sic)) justice system do not have information either about the functioning of the system or the children who are in contact with it, abuse, violence and exploitation can occur with impunity, and the experience of the child is unlikely to be in his or her best interests. A child may spend long periods deprived of liberty or be sentenced to a measure that is inappropriate for ensuring his or her welfare. A delay in a childs case before the courts may go unnoticed for months or even years. Government officials may find it difficult to assess the impact of new child (juvenile (sic)) justice policies or guidelines.
o Sexual offences committed by children; and o Children who lack criminal capacity.
Utilise the National Operational ISCCJ, which collects and analyses data via a set of data collection templates which are given to each department, to analyse trends in the flow of children through the child justice system. This will be measured against an initial base line set of data which will be collected during the first three months of the Acts implementation.
Facilitate the establishment of an integrated information system via two electronic tools. In the short term the DOJ&CD National Operations Center (NOC) has incorporated a number of the relevant indicators into a reporting tool which will be tested, refined and operationalised.
Child Justice System will be incorporated into the data collection tools of the Integrated Justice System (IJS)15.
The vision of the Integrated Justice System (IJS) Programme is to bring about the integration of the various business and system processes that make up the criminal justice system, thereby enabling the Cluster Departments to deliver effective and efficient criminal justice to the citizen. The envisaged benefits of this programme will be the introduction of electronic information sharing to reduce administrative delays, enabling the various justice service providers to respond efficiently and provide tools for the effective management and planning of the criminal justice system.
In terms of Section 97 (6)(a), the Director General - DSD must keep a register, as prescribed, of children under 10 years of age in respect of whom a decision has been made and recorded by a probation officer in terms of section 9(6) regarding the outcome of the assessment. This register should also contain information regarding children older than 10 but younger than 14 who have been referred by the prosecutor due to the unlikelihood of proving criminal capacity as per section 10 (2) (b).
The SAPS Station Commissioner must also in terms of section 28 (2) (a), submit a report to the National Commissioner of Police, detailing all complaints or observations about an injury sustained or severe psychological trauma suffered by a child while in custody in police cells.
Monitoring to ensure that these requirements are being met will be done by the National Operations ISCCJ via reports from National Departments, NGOs and Provincial Child Justice Forums.
Systems and programmes which will be revised and further developed over time will be designed in such a way that they do not dissuade people from utilising the provisions of the Act i.e. information management tools must be calibrated to encourage usage. In addition the ISCCJ will over time make recommendations regarding joint targets and indicators where this is practical. A comprehensive Act such as this, which requires intersectoral co-operation, can best be implemented and administered through joint targets and indicators which are measured by the system as a whole rather than by individual departments. This avoids the common pitfall of setting contradictory objectives which often result in competition rather than supporting co-operation and collaboration.
ï· United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules).
ï· UN Resolution on the Administration of Human Rights in Particular Juvenile Justice (A/HRC/10/L.
ï· Declaration of the Rights of the Child.
ï· The Constitution of the Republic of South Africa (108 of 1996) which sets out the rights of children in general and in the child justice system in particular.
ï· The Criminal Procedure Act (51 of 1977) which applies to all persons in the criminal justice system, including children.
o The CJA amends section 7 of the CPA by providing that a private prosecution may not be instituted against a child in respect of whom a matter has been diverted in terms of section 59(2) of the CJA.
o The CJA amends section 38 of the CPA by providing for new methods of securing the attendance of an accused child at a preliminary inquiry or in a child justice court.
o The CJA amends section 153 of the CPA by providing that, in terms of section 65(5) of the CJA, no person may be present at the sitting of a child justice court, unless his or her presence is necessary in connection with the proceedings of the child justice court or the presiding officer has granted permission for the person to be there.
o The CJA amends section 302 of the CPA by changing the reference to a "reform school" to the term "child and youth care centre" in accordance with section 191(2)(j) of the Childrens Act, 2005.
o The CJA amends sections 309 and 316 of the CPA by aligning it with the provisions of section 84 of the CJA.
ï· The Childrens Act (38 of 2005) deals with the establishment of child and youth care centres which are facilities for the provision of residential care to more than six children outside the childs environment, in accordance with a residential care programme.16 It is important to note that the Child Justice Act, 2008 has amended section 191(2) and no longer refers to the Criminal Procedure Act, but now provides for the reception, development and safe care of children in terms of an order under Chapter 10 of the Child Justice Act, 2008. On a practical level one should note that in line with the Childrens Act, 2005 (No. 38 of 2005), a policy decision has now been reached between the Departments of Social Development and Basic Education that the Department of Social Development will also take over the responsibility for the infrastructure of the Reform Schools, within the next 2 years.17 The Department of Basic Education will only be responsible for the educational programmes of the children detained at such institutions.
17 Department of Justice and Constitutional Development Draft Document on Children in conflict with the law, January 2008.
ï· The Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007) is relevant in terms of the child who has allegedly committed a sexual offence. There are three aspects of the Act which may impact on child offenders. The first aspect concerns the case of children between the ages of 12 and 16 who commit consensual sexual acts. The prosecution of such an offence now requires written authorisation by the National Director of Public Prosecutions. The second aspect is concerned with the application for HIV testing of a child allegedly having committed a sexual offence. The third aspect concerns the inclusion into the National Register of Sexual Offences of children who have been convicted of a sexual offence.
ï· The Correctional Services Act (111 of 1998) contains provisions which deal specifically with children and provides that detainees who are children must be kept separately from adults and in accommodation appropriate to their needs.18 The Act also provides significant detail around education and training opportunities which have to be provided as well a wide range of stipulations relating to the well-being of the child in correctional facilities. The White Paper on Corrections states that children under the age of 14 years should not be detained in correctional centres but that diversion, alternative sentences and detention facilities and centres, as administered by the Departments of Social Development and Basic Education, should be used for such children.
General of the Department of Social Development, transfer a sentenced offender who is a child to a reform school as contemplated in the Child Care Act, 1983 (Act No. 74 of 1983), and from the date of such transfer, the provisions of section 290 of the Criminal Procedure Act will apply.
ï· There are also provisions in the Child Justice Act, which impact on either the mandate of the Department of Correctional Services or which amend provisions of the Correctional Services Act.
ï· The Probation Services Act (Act 116 of 1991) (as amended) contains important provisions relating to child justice, such as those relating to assessment, diversion and restorative justice. In addition to specific provisions in the Child Justice Act, 2008, which spell out the various additional powers, duties and functions of probation officers, the Act also has amended several definitions contained in section 1 of the Probation Services Act, so as to more clearly reflect the intention contemplated in the Child Justice Act.
If a child comes in conflict with the law this can be seen as an opportunity to effect meaningful change in that childs life and set him or her back on the path of conformity with the legally accepted rules and norms. An over-reaction can have the effect of the child seeing himself or herself as a victim of the system, and therefore failing to take responsibility for his or her actions.
The Act aims to ensure that the response to each childs offence is individualised and proportionate, not only to the offence, but also to the reality that the offender is not a fully responsible adult. Thus the Act recognises that children who commit crimes can and should be given a chance to change their ways.
In some cases this can be achieved through the opportunity of diversion. This ensures that the child takes responsibility for his or her behaviour and is linked with services that address identified risk factors for that individual child. The advantage of diversion is that it avoids stigmatisation of the child as a criminal and does not result in a criminal record. In other cases, it is necessary for children to go through a court process, and if found guilty, he or she will obtain a criminal record. In those cases, the sentencing provisions of the Act again provide scope for a second chance through a range of options, which can be creatively applied.
This National Policy Framework will be implemented and monitored by the various partners of the DGs ISCCJ and National Operational ISCCJ, to ensure that the best interests and rights of children in conflict with the law are promoted and protected.
The Policy will be reviewed after 3 years and on 5-year periods there-after, to ensure that such policies are kept updated and relevant to childrens practical situation.
<fn>GOV-ZA.2010OrTamboGamesEn.2012-02-10.en.txt</fn>
Theme: "Celebrating the Spirit of O.R.
The 2010 O.R. Tambo Games will be staged from the 3rd to the 5th December in the Matjhabeng Local Municipality, Welkom.
The games, which involve various sport codes, are staged annually under the auspices of the Free State Department of Sport, Arts, Culture and Recreation in partnership with the Lejweleputswa District Municipality and Matjhabeng Local Municipality.
O.R Tambo Games are named after Mr Oliver Reginald Tambo, the anti-apartheid liberation struggle icon.
Athletes from across the Free State will participate in a number of sporting codes to showcase their talent and win medals for their districts. Sporting codes include: Football (Male and Female); Netball (Female); Basketball (Male and Female); Volleyball (Male and Female); Table Tennis (Male and Female); Rugby (Male and Female).
The Opening Ceremony will be held on the 3rd December 2010 at 17:00 at the Thabong Community Centre (Thabong/Welkom) and will incorporate the Memorial Lecture on the Life and Times of Mr Oliver Tambo. The Closing Ceremony will be held on the 5th December 2010 at 15:00 at Zuka Baloyi Stadium (Thabong/Welkom).
The MEC for Sport, Arts, Culture and Recreation, Mr Dan Kgothule, calls upon the communities of the Free State and Lejweleputswa District particularly to support the O.R Tambo Games and the athletes who will be participating in these games.
Your media house is cordially invited.
Tankiso Zola George Tshabalala Manager: Communication and Marketing O.R. Tambo Games: Project Manager Tel: 051 - 4104742/4786/4719 Tel: 057 - 3571731 Cell: 0829402392 Cell: 0794992079 Email: tankiso@sac.fs.gov.za Email: kqtshabane@gmail.
This page was last modified on 18 November 2010, at 13:32.
This page has been accessed 240 times.
<fn>GOV-ZA.2010SccGuidelinesClerksWebEn.2012-02-10.en.txt</fn>
No part of this guide may be reproduced or used in any form or by any means - graphic, electronic, or mechanical, including photocopying, recording, typing, or any information storage and retrieval systems - without the written permission of the Department of Justice and Constitutional Development.
The establishment of Small Claims Courts is one of the measures through which the Department of Justice and Constitutional Development implements its vision of Access to Justice for All. Small Claims Courts provide a prompt and inexpensive way to resolve minor disputes. Legal procedures are held to a minimum and lawyers may not participate. These courts are therefore meant for the ordinary man or woman in the street who cannot afford civil litigation in the normal courts and can benefit especially the destitute and indigent of our country to be able to access Justice in a very informal, cost effective and user-friendly manner.
It is with great pleasure that the Department is now able to disseminate the Guidelines for the Commissioners of Small Claims Courts and the Guidelines for the Clerks of Small Claims Courts, both of which have been developed with the financial assistance of the Swiss Agency for Development and Cooperation (the SDC) and the assistance and guidance of various other relevant role players. Our sincere appreciation is expressed to them all, but in particular to the SDC, not only for their continuing interest in our administration of justice, but also for their unwavering willingness to contribute to the improvement of our courts and through that, to access to justice and the building of a better life for all in South Africa.
The Commissioners of Small Claims Courts have formerly not received any formal training on Small Claims Courts legislation and practice and though they all have significant years of experience after having been admitted to practice law in our courts, they have largely been left to their own devices in terms of presiding in the Small Claims Courts. They have had to largely depend on their experience as legal practitioners and academics in carrying out their mandate of presiding over these courts. These Guidelines will help fill that gap. It is trusted that newly appointed Commissioners will, in particular, benefit from the Guidelines.
The Department is not blind to the numerous sacrifices that the Commissioners and Advisory Board members have made in order to ensure that Small Claims Courts are functioning. The Department acknowledges and is indeed grateful to all for their tireless work in the Small Claims Courts. This is indeed a great contribution to Access to Justice, more especially for the indigent.
The Clerks of the Small Claims Courts have been receiving some training, but the Guidelines for Clerks will strengthen that training and empower them to perform their functions optimally. The Guidelines will assist the Clerks to deal with matters that are presented before them and also enable them to assist the public in an improved manner regarding matters which are to be heard in these courts.
The purpose of these guidelines is to guide the users thereof, and in particular trainers assisting with training in this regard, on the legislative framework of Small Claims Courts and the practical implications of dealing with matters in a Small Claims Court set-up.
The Department will continue to provide all assistance in its power to ensure that the working environment in Small Claims Courts is safe and conducive for all personnel and officials involved in Small Claims Court to carry out their duties and for the public to exercise their right to a fair and speedy hearing in a court of law.
The Department trusts that these Guidelines will go a long way in improving and strengthening the services in Small Claims Courts and so help improve Access to Justice in general.
Small Claims Courts play a crucial role in facilitating access to justice for all, particularly the poor. Within their jurisdictions, small claims courts allow the settlement of disputes without the need to go through the standard court system.
A poor woman who paid R5 000.00 on the false premise that she would get employment through a job search agency, or an elderly man who could not get back the R1 000.00 he loaned a neighbour in good faith can approach the small claims courts and have their disputes resolved. Such courts are a fast, effective and relatively cost-effective means to resolve disputes and reduce the caseload on other courts. The quicker settlement of cases improves justice and diminishes the sense of impunity among law offenders.
The Government of Switzerland through the Swiss Agency for Development and Cooperation (SDC) is pleased to provide support to the initiative of the Government of South Africa through the Department of Justice and Constitutional Development (DOJ&CD) to re-engineer its Small Claims Courts.
The initiative's aim is to allow free and fair access to justice for every South African citizen and resident in South Africa through the strengthening of Small Claims Courts. A key focus is to empower the most vulnerable people in South Africa to exercise their rights, thereby assisting in poverty reduction.
The Swiss involvement in this project aims at complementing the transformation process of the justice system and the strengthening of democracy in South Africa. The involvement is also in line with Switzerland's support for previous projects initiated by the DOJ&CD, specifically "Transformation of the Sheriff's Profession" and the "Small Claims Court Conference" in 2003 which was part of the process to develop a blueprint for Small Claims Courts.
The present publication is meant as a guideline for commissioners and clerks. It contributes to the re-engineering of the Small Claims Courts and clarify the procedures and augments the skills required by commissioners and professionals to carry out their responsibilities effectively. It also helps to standardise the practice of the Small Claims Courts, thereby enhancing their performance and their ability to provide justice to all.
In this light, I would like to emphasize the commitment of the Government of Switzerland to support the Small Claims Courts in South Africa.
The Department of Justice and Constitutional Development would like to thank and appreciate the various persons and organisations that have assisted in promoting the Small Claims Courts in South Africa. The process of developing the guidelines was highly consultative.
PEC for their assistance in the layout, design and production of the Guidelines.
The initiative to establish Small Claims Courts began in the early 1980s. The Hoexter Commission of Inquiry was appointed to inquire into the structure and functioning of the courts in South Africa. The Commission reported in 1982 that South Africa was in desperate need of a specific court designed to settle small civil claims in an informal and inexpensive manner.
Chapter 13 of the final Report of the Commission envisaged the procedure Small Claims Courts to be similar to an arbitration conducted in an informal atmosphere by a presiding officer, to be known as a Commissioner who assumes and maintains an active inquisitorial role in the proceedings. It was proposed that the Commissioner should be vested with powers to adopt any procedure which he/she considers to be convenient and to afford a fair and equal opportunity for each party to present his/her case; and in particular in an atmosphere where the rules of evidence would be relaxed. As a result of the findings, the Small Claims Courts Act 61 of 1984 was passed.
In 2003, the Department of Justice and Constitutional Development, together with the Cape Law Society and the Swiss Agency for Development and Cooperation, convened a conference in Cape Town to which key stakeholders were invited to review Small Claims Courts. Although there was general consensus amongst conference delegates for Small Claims Courts to be retained, delegates felt that these courts were not functioning at optimal level. They identified a number of shortcomings which were accordingly considered.
Amendment of the Small Claims Court Act 61 of 1984 to take the Constitution of the Republic of South Africa, 1996, and any other legislation that has effect on the operation of the Small Claims Courts, into account.
Proper training for Commissioners and court officials.
Development of an all inclusive public education and communication strategy.
Introduction of a Student Internship Programme in Small Claims Courts for students who would like to volunteer their services in these courts.
Decentralisation of Small Claims Courts to rural and peri-urban areas.
Appointment of a National Steering Committee to co-ordinate, manage and facilitate the re-engineering of the Courts.
It is against this background that Guidelines for Commissioners and Clerks of Small Claims Courts were developed as part of the transformation process of the courts.
Act - Refers to the Small Claims Courts Act 61 of 1984.
Advisory Board - A body consisting of appointed members of the public and officials of the Department.
Affidavit - A written statement made under oath or upon affirmation before a person authorized to administer oaths.
Cause of action - Essential facts of a claim which the plaintiff must prove in order to succeed with the claim.
Commissioner - A Presiding Officer in a Small Claims Court.
Claim - A written statement made by the plaintiff detailing the claims against the defendant.
Contempt of court - Deliberately disobeying a court order or disrupting court proceedings.
Court, limited to the sheriff's fee.
Counterclaim - A claim the defendant makes against the plaintiff in reaction to the main claim.
Damages - Monetary loss suffered by either party.
Debtor - A person who owes money.
Default judgment - A judgment awarded by the court in the absence of one of the parties.
Defendant - The person against whom a claim is made.
Dismissal - When the Commissioner dismisses a claim.
Ejectment/Eviction - The legal process of removing someone from immovable property.
Evidence rules - The rules surrounding the presentation of evidence.
Execution - The enforcement of a judgment.
Judgment/order - A decision made by a Commissioner.
Judgment creditor - A person in whose favour a judgment is granted.
Judgment debtor - A person against whom a judgment is granted.
Jurisdiction - The authority of the court to hear and decide claims.
Claims Court in respect of a claim.
letter of Demand - Notice of intention to institute proceedings against the defendant should the claim not be complied with.
Parties - The plaintiff and the defendant involved in the lawsuit.
Plaintiff - The person who files a claim.
Proof of service - A document filed with the court proving that a party has been properly presented with copies of the court papers.
record - Means to take down information presented in court by the parties in writing, shorthand or electronically.
service - Presenting a document to another person in accordance with the rules of the court.
settlement - An agreement between the parties themselves with or without the involvement of a Commissioner.
sheriff (including the Deputy sheriff) - A person appointed by the Minister, tasked to deliver court documentation processes.
subpoena - An official order of the court requiring a person to appear in court to testify.
summons - A notice informing the defendant to appear in court to answer claims instituted against him/her.
Unliquidated claim - A claim where the amount in dispute is not fixed under an express agreement and requires an assessment by the court; for example damages arising out of a motor vehicle collision.
Witness - A person who is called to court to testify on behalf of either party.
This guide will benefit court personnel and other professionals working with matters involving small claims between parties who seek fast and inexpensive legal redress. It is specifically designed to equip clerks of the court with the basic skills needed to assist members of the public who lodge small civil claims, that do not exceed a specified limit, in terms of the Small Claims Court Act, 1984.
However, the guide is not intended to constitute legal advice or take the place of a legal assistant. Legal assistants appointed for the Small Claims Courts are responsible to give legal advice, alternatively the parties can be referred to approach their respective attorneys for legal advice. Where such assistance is not available the Clerks of the Small Claims Courts should, however, assist applicants to the best of their ability in dealing with their litigation, the completion of documentation and additional tasks required to deal with the Small Claims matters speedily and efficiently.
The primary source of information for the development of the guide is the Small Claims Court Act, 61 of 1984 (as amended) and the rules regulating Matters In respect of small Claims Courts published under Government Notice R1893 in Government Gazette 9909 of 30 August 1985 (as amended).
The Manager / secretary small Claims Courts Project 329 Pretorius street, 8th floor Momentum Centre (West Tower) Pretoria Tel no.: 012 357 8236/8258 fax no.
The Small Claims Court is a court where claims are resolved speedily, inexpensively and informally. Litigants conduct their own cases without legal representation.
The process in the Small Claims Court is meant to be an easier and less expensive way to resolve disputes. The procedure and rules are simplified to enable the litigant to understand and conduct the proceedings with ease.
The proceedings in the Small Claims Court are not recorded. The Commissioner is only obliged to record the court order made (or cause it to be recorded), and to sign the order.1 The information will be recorded in the relevant register kept by the clerk of the court.
1.4 Who may institute a claim?
Only a natural person can institute a claim in the Small Claims Court, but juristic persons may only file counterclaims.2 1.
A person can only file an action for monetary compensation. The current monetary jurisdictional limit is R7 000. Therefore, by suing in a Small Claims Court, the plaintiff typically waives any right to claim more than the court can award.
1 See Small Claims Courts Act, s 3(2).
Prospection and others 1999 (4) SA 606 (D).
The Advisory Board consists of members who are appointed by the Minister of Justice and Constitutional Development.3 The Minister also appoints the chairperson and vice-chairperson of the Board.
To obtain the names and particulars of suitable persons for the positions of clerk of the Small Claims Court as well as legal assistant(s) and interpreters to be appointed by the magistrate of the district in which the seat of a Small Claims Court is situated.
To meet regularly and submit a copy of the minutes of the meetings to the Director-General: Justice and Constitutional Development who must be notified in writing of any resignation, death or change in respect of the members of the Board.
3 See Rule 2(1). 4 See Rule 2(3). 5 See Small Claims Courts Act, s 11(1).
Presiding Officers in the Small Claims Court are called Commissioners.6 In terms of the Small Claims Act, the Minister, a magistrate or any other person to whom the power is delegated, may appoint a Commissioner for the Small Claims Court.7 1.6.2.
To make a finding regarding a dispute.
To grant judgment for the plaintiff or the defendant, in so far as either party has proved his/her case.
In terms of section 11 of the Act, the magistrate of the district in which the seat of a Small Claims Court is situated, may appoint as many clerks of the Small Claims Court, interpreters and legal assistants for that court as may be necessary.
6 See Small Claims Courts Act, s 8. 7 See Small Claims Courts Act, s 9(1)(a) and (1A). 8 See Small Claims Courts Act, Section 34(a)-(b).
Jurisdiction refers to the authority of the court to hear and decide cases. Any reference in this guide to the jurisdiction of the Small Claims Court includes the power of the court to hear and adjudicate legal disputes between parties. Jurisdictional limits are an important feature of Small Claims Courts and must be adhered to by both litigants and Commissioners. Lack of jurisdiction is a ground for review.
The institution of an action in a court which is not vested with the necessary jurisdiction can lead to a dismissal of an action and the prospective litigant who wishes to proceed with the case would have to institute the claim from the beginning in a competent court. Therefore, the clerk of the Small Claims Court must assist prospective litigants in order to determine which court has jurisdiction in respect of the action which is to be instituted.
Only a natural person may institute an action as plaintiff, but both a natural or juristic person may become a party to an action as a defendant. Therefore, a juristic person is not allowed to institute a claim in a Small Claims Court as a plaintiff but may file a counterclaim as a defendant.
The plaintiff may sue the defendant where the defendant resides, works or carries on business.
The plaintiff may sue a partnership where its business premises are situated or where one of the partners resides within the jurisdiction of the court.
9 See Small Claims Courts Act, s 7(1).
registered head office or principal place of business.
In the case of a syndicate, unincorporated company, club, society or church, at the local office or place of business of such body.
The court has jurisdiction in respect of the defendant if the cause of action arose entirely within the jurisdiction of the court. It is irrelevant whether or not the defendant resides, works or carries on business within the area of jurisdiction of the court.
The court further has jurisdiction in respect of a defendant who appears and does not object to the court's jurisdiction. In doing so, the defendant actually subjects himself or herself to the jurisdiction of the court, which would otherwise not have had jurisdiction.
In actions regarding immovable property (such as a house, municipal stand or sectional title) or a bond on such property, the court in whose jurisdiction the immovable property is situated has jurisdiction in respect of the owner of the property.
A party to the action may also, with the consent of all the parties, or upon the application of one of the parties who satisfies the court that the hearing of the action in that court may result in undue expense or inconvenience to him or her, be transferred by the court to any other court, and in such a case the latter court must, notwithstanding anything to the contrary contained in this Act have jurisdiction to hear that action.
The court also has jurisdiction on grounds of incidental proceedings. If an action is instituted in a specific court, the court may hear matters related to the case.
10 See Small Claims Courts Act, s 14(1)(d).
11 See Small Claims Courts Act, s 14(1)(e).
12 See Small Claims Courts Act, s 14(1)(f).
13 See Small Claims Courts Act, s 13.
Actions for delivery or transfer of movable or immovable property These are actions instituted where a claim is instituted for the delivery or transfer of movable or immovable property not exceeding R7 000.
Actions for ejectment The Small Claims Court has jurisdiction in actions for ejectment against the occupier of land or premises which is unlawfully occupied but not used for residential purposes and which is situated within the court's area of jurisdiction. If in such an action the right to occupation is also in dispute, the court has jurisdiction if the clear value15 of that right to the occupier does not exceed the amount of R7 000.
Ejectment claims limited to land/premises occupied for business purposes In the Small Claims Court ejectment claims are limited to property occupied for business purposes only. For example, a plaintiff may eject a defendant who failed to pay rent in breach of a lease agreement in respect of land or premises occupied by the defendant for business purposes. A plaintiff may, however, not eject a defendant who failed to pay rent in breach of a lease agreement in respect of land or premises occupied by the defendant for residential purposes. Therefore the Small Claims Court cannot be used to eject a defendant from premises in which he or she resides.
The meaning of "unlawful occupier" in terms of PIE Act This is because eviction by a court from land or premises unlawfully occupied is regulated in terms of the Prevention of Illegal Eviction from and Unlawful occupation of land Act 19 of 1998 (PIE Act).
14 15 See Small Claims Courts Act, s 15(a). For a discussion of 'clear value'- see p 66 and further of Volume 1 of Jones and Buckle Eighth Edition of the Civil Practice of the Magistrates' Courts in South Africa.
those who occupy premises or land unlawfully for business purposes.16 The Small Claims Court has jurisdiction in actions for ejectment from premises occupied for business purposes as ejectment from such premises is excluded from the application of the PIE Act.
The definition of the term "court"in the PIE Act refers to the High Court or the Magistrate's Court and excludes the Small Claims Court. Only the Magistrate's Court and the High Court may be approached to institute proceedings in terms of the PIE Act. When the plaintiff needs to institute action for ejectment of a defendant who unlawfully occupies land or premises for residential purposes, he or she may only approach the Magistrate's Court or the High Court. Therefore the Small Claims Court is not a court for the purposes of the PIE Act. Put differently, the Small Claims Court may not apply the provisions of the PIE Act.
Actions based on liquid documents and mortgage bonds A liquid document is a document that in itself renders proof that a person unconditionally acknowledges, under his/her signature, that he/she owes a fixed amount of money.
The jurisdiction granted by section 15 (c) of the Act to a Small Claims Court in an action based on or resulting from a liquid document or a bond is limited to R7000.
unconditional bonds and admissions of debt.
Actions based on credit agreements The Small Claims Court's jurisdiction in actions based on or resulting from a credit agreement (hire-purchase contract) as defined in section 1 of the national Credit Act 34 of 2005 (NCA), is limited to claims where the value of the goods in dispute is not more than the prescribed amount (R7 000).
16 See ndlovu v ngcobo, Bekker and Another v Jika 2003 (1) SA 113 SCA. 17 See rich v lagerwey 1974 (4) SA 748 (A).
provisions of section 129 and 130 of the NCA.
The value referred to is the market value of the goods at the time of the institution of the claim.
Validity of legislation.
Abandonment of portions of the claim A party, whose claim exceeds the prescribed limit, is allowed in terms of section 18 of the Act, to abandon a part of the claim which exceeds the limit in order to bring the claim within the jurisdiction of the court.
See Small Claims Courts Act, ss 14, 15 and 16.
to bring it within the jurisdiction of the court.
Actions against the state Small Claims Courts are prohibited from entertaining actions instituted against the State.19 The term "State" includes the provincial administrations and municipalities (Local Government).
The prohibition against summonsing the state also includes all the employees of the state if the proposed action is against them in their official capacity.
Institutions such as universities, ESKOM, TELKOM and research councils do not form part of the state and may be sued in the Small Claims Courts.
any body of persons corporate or unincorporated.
Cession of rights (section 22) A Small Claims Court does not have jurisdiction in respect of any claim or counterclaim based in whole or in part upon a cession or assignment of rights.20 Therefore a person or a company cannot transfer a claim to someone else (e.g. to a debt collector).
19 See Small Claims Courts Act, s 14(2). 20 See Small Claims Courts Act, s 14(4).
As pointed out above, only a natural person may institute an action in the Small Claims Court.21 However, a juristic person may institute a counterclaim as a defendant.
A natural person is distinct from a juristic person who is a legal entity such as a company, a corporation or statutory body.
A claim may not be divided into several smaller claims in order to recover the full amount that exceeds the Small Claims Court jurisdiction.
All claims that are based on a single cause of action must be instituted in one action.
Labour matters are regulated by the Basic Conditions of Employment Act 75 of 1997 and the labour relations Act 66 of 1995, as amended. Such claims are normally not part of the scope of the Small Claims Court. Representatives of the Law Societies have, however, indicated that there may be circumstances where specific claims, although related to labour matters, may be of a different nature and could be heard in the Small Claims Court. This issue will be canvassed further and future amendments to the Guidelines will deal with the issue in more detail. In the meantime, we suggest that Clerks of the Small Claims Court and Commissioners take the Background Note directly hereunder into consideration when dealing with claims of this nature: It is generally accepted that the Small Claims Court does not have jurisdiction in labour matters. However this approach could result in claims for agreed remuneration being excluded. This approach seems to be an unnecessary burden to an employee who has simply not been paid what was agreed. It also seems incorrect in the light of fEDlIfE AssUrAnCE lTD v WolfAArDT 2002 (1) SA 49 (SCA)2002 (1) SA p49 which can be distinguished from the Khumalo v Potgieter 2001 (3) SA 63 (SCA) judgment.
21 See Small Claims Courts Act, s 7(1).
22 See Strauss at 9-10.
23 See Small Claims Courts Act, s 20.
24 See Custom Credit Corp (Pty) ltd v shembe 1972 (3) SA 462 (A) at 472 A.
"[27] Whether a particular dispute falls within the terms of s 191 depends upon what is in dispute, and the fact that an unlawful dismissal might also be unfair (at least as a matter of ordinary language) is irrelevant to that enquiry. A dispute falls within the terms of the section only if the 'fairness' of the dismissal is the F subject of the employee's complaint. Where it is not, and the subject in dispute is the lawfulness of the dismissal, then the fact that it might also be, and probably is, unfair, is quite coincidental for that is not what the employee's complaint is about. The dispute in the present case is not about the fairness of the termination of the G respondent's contract but about its unlawfulness and for that reason alone it does not fall within the terms of the section (even assuming that the termination constituted a 'dismissal' as defined in chap 8). In those circumstances the respondent's action is not a 'matter' that is required to be adjudicated by the labour Court as contemplated by s 157(1) and the special plea was correctly set aside.
If claims re "Labour Related Disputes" are totally excluded from the jurisdiction of Small Claims Courts, the impact that this could potentially have on an indigent member of the public that merely wants to claim a small salary due in terms of a contract, is drastic and thus the facts of each case should be carefully scrutinised and where feasible should be considered for action in the Small Claims Courts.
The whole matter can also be balanced with the proviso that where a matter is too complicated (irrespective of whether the cause of action is a labour contract or not) the commissioner has a right in terms of section 23 of the Small Claims Court Act to stop the proceedings.
The matters which are however clearly excluded, are those where the fairness of the Labour action is disputed.
The area of jurisdiction of the court is the area or district for which it was established.
where the defendant has his or her place of employment at the time of filing the claim or suit.
The financial limit is not specified by the Act, and is left to the Minister to determine from time to time by notice in the Government Gazette.25 The current financial limit determined by the Minister is R7 000.
No legal representation is allowed in the Small Claims Court except where a juristic person is represented by a legally qualified employee.
See Small Claims Courts Act, s 15(1).
In terms of section 21 of the Small Claims Court Act, the R7 000 jurisdictional limit does not prevent a plaintiff from instituting claims in one and the same summons against the same defendant(s). If two or more claims, each based on a different cause of action, are set out in one summons, the court has the same jurisdiction to try each claim as it would have had, had each claim been the subject of a separate cause of action.
In determining whether a claim falls within the jurisdiction of a court, no claim for interest on a principal sum or for costs or alternative relief may be taken into account.
Consent The Small Claims Court does not have jurisdiction to hear a matter, which exceeds its jurisdiction, even if the parties have consented thereto.
See Small Claims Courts Act, s 22.
jurisdiction to hear the transferred action.
Cases already pending in another court Section 50 of the Act stipulates that cases that are pending in another court of law (e.g. a Magistrate's Court) at the commencement of the Act cannot be transferred to the Small Claim Court. A pending case must be concluded in that particular court as if the Act had not been passed.
Complicated cases If a Commissioner is of the opinion that a case before him or her contains difficult or complex questions of law or of fact, which cannot adequately or fairly be decided upon, he/she must stop the proceedings.
The plaintiff may institute a new action in another competent court of law.28 27 See Small Claims Courts Act, s 13. 28 See Small Claims Courts Act, s 23(2).
The clerk of the Small Claims Court is the co-ordinator of all administrative functions of the court.
29 The duties of the clerk of the Small Claims Court are set out in the Small Claims Courts Act and the Rules (See Small Claims Courts Act, s 11 and Rule 3 of the Rules).
provide the court file to the relevant Commissioner and ensure that it is received back; and record cases on the Integrated Case Management System.
Proceedings are usually instituted in the court of the area where the defendant resides, carries on business or is employed, or where the cause of action arose.
On the basis of the facts, the clerk of the Small Claims Court must then determine whether the court has jurisdiction to hear the intended claim and whether the facts disclose a cause of action.
where statutes or other government authorisations confer a claim; or through unjust enrichment - where a person obtains a benefit/ money/asset to which s/he is not entitled.
The person instituting a claim is not a juristic person (such as companies, corporations or associations).
The person instituting the claim is 18 years or older. If not older than 18 years, the person should be assisted by a parent or legal guardian.
The claim is not against the State.
The claim is not a labour matter, e.g. a CCMA related claim.
The claim amount does not exceed the amount of R 7 000.
The person wanting to institute a claim is informed that s/he might, prior to the institution of the claim, seek legal advice.
The summons must detail the claim of the plaintiff against the defendant.
The plaintiff cannot use the Small Claims Court to sue for possession of property or to evict a tenant, except in respect of business premises.
The claim is filed at the court in the magisterial district where the cause of action arose (i.e. where the event took place).
The claim is filed at the court in the magisterial district in which the defendant lives or carries on business (if there are several defendants, it can be the court in the territorial district in which any one of them lives or carries on business); or the court that is nearest to the place where the defendant lives or carries on business (if there are several defendants, it can be the court nearest to the place where any one of them lives or carries on business).
The plaintiff has sent a letter of demand to the defendant, in which the latter is given 14 working days to pay the claim. The letter of demand must be in duplicate.
If the claim is against an individual, the plaintiff must give the defendant's full name and address and in case of a company, the plaintiff must give the correct company name and address.
The plaintiff has delivered the letter of demand by hand or by registered post to the defendant.
The plaintiff, after a lapse of a period of 14 days, reported in person to the clerk of the Small Claims Court with proof that the letter of demand was delivered to the defendant.
The plaintiff is required to write a letter of demand and deliver the same to the defendant.30 The letter of demand must briefly set out the nature and the amount of the claim, allowing the defendant at least 14 days from the date of receipt to satisfy the plaintiff's claim. The 14 days is counted from the date of receipt of the letter of demand. If the plaintiff requires assistance with the drafting of the letter of demand, the clerk of the Small Claims Court should assist him or her.
The letter of demand may be delivered personally by the plaintiff to the defendant who must sign a copy of the letter.
If the defendant refuses to sign a copy of the letter, the plaintiff may post the letter by registered post or make an affidavit regarding delivery.
The letter of demand may also be served by the Sheriff.
If the defendant fails to satisfy the plaintiff's claim as set out in the letter of demand, the plaintiff may issue a summons to the defendant after 14 days of receipt of that letter.
30 See Small Claims Courts Act, s 29 (1).
31 Annexure H may be used as an example of a letter of demand.
The process by which an action is commenced is by way of a summons which is a document calling upon the defendant to satisfy a claim as set out in the summons or, alternatively, to defend the action within a specified period of time. The summons also sets out the consequences of failure to comply.
place one copy of the summons in the file cover and hand the original summons to the plaintiff together with the other copies for service; and ensure that the case number and names of the parties on the file cover are entered in a diary that is specially kept for this purpose (trial date diary), and the files are filed in numerical order.
The summons must in all respects comply with form 1, as contained in Annexure 1 of the Rules. The form numbers are J 141 A (Afrikaans) and J 141 E (English).
The forms are supplied free of charge to plaintiffs. Summonses must be prepared in triplicate. If there is more than one defendant, additional copies must be prepared for each additional defendant.
the claim must be brought against the right person; and the details of the claim must be kept simple.
Summons can only be issued 14 days after the defendant has failed to satisfy the claim lodged against him or her and if there is proof of service of the letter of demand.
Date on which the summons is issued.
Name, surname and address of the parties.
Signature of the plaintiff.
District in which the summons is issued.
District where the proceedings will be held.
Date, time and place at which the trial will take place.
Amount of the claim.
Brief particulars of the claim (as mentioned in the letter of demand).
If any amount exceeding the amount of R7 000 has been abandoned, this amount should be specified and the plaintiff should sign in the space provided.
If there is more than one defendant, an extra copy of the summons should be made for each defendant.
The plaintiff must place his or her initials next to any amendments made to the summons.
The summons will either be served on the defendant by the Sheriff who will charge a fee for the service for which the plaintiff will be liable, or the plaintiff can serve the summons personally, in which case an affidavit should be handed to the clerk of the court to the effect that proper service has taken place.
The summons should be served at least ten days before the hearing date.
The date, time and the place at which the proceedings will take place.
The plaintiff must contact the clerk of the court before the proceedings to ensure that a return of service was obtained.
The plaintiff must produce all the supporting documents on which the claim is based for filing in the court file.
If the plaintiff has any witnesses, the witnesses should be present at the court on the relevant hearing date.
If the plaintiff makes an error with the drafting of the summons, he/she may amend the document before it is served on the defendant by simply noting the amendment on the original and on the copies and initialling the alterations to the summons after it has been issued but before it is served. The clerk of the court must also initial the amendment.
If the summons has already been served, the plaintiff will have to apply to the court for permission to amend the summons. The Commissioner may allow this, provided that the amendment does not prejudice the defendant.
See Small Claims Courts Act, s 33(10).
The summons which is served on the defendant must provide details of the plaintiff and the basis of the plaintiff's claim.
Upon receipt of the summons, the defendant may at any time before the hearing, lodge a written statement setting out the nature of the defence and the grounds on which the defence is based with the clerk.
The summons informs the defendant of the steps that s/he should follow if deciding to defend the case.
If the defendant wishes to defend the plaintiff's claim, s/he may lodge a plea with the clerk.
The plea must contain the particulars of the plaintiff and defendant, as they appear on the summons and must contain the basis of the defence.
If a defendant approaches the clerk of the Small Claims Court to file a plea, the clerk or legal assistant must assist him/her with the formulation thereof. The clerk must advise the defendant to furnish the plaintiff with a copy of the plea prior to the hearing.
A defendant who does not dispute a claim may make an arrangement with the plaintiff to pay the claim. In the event that the defendant, while admitting the claim, declares that he/she cannot afford to satisfy the claim immediately, the defendant may make a proposal for "terms of payment" to the plaintiff, e.g.
33 See Small Claims Courts Act, s 29(3).
weekly or monthly payments.
The defendant can also make a proposal for terms of payment for that part of the amount claimed which he/she admits.
If the defendant elects to institute a counterclaim, he/she or it must deliver a written statement, which contains the same particulars as those required for a summons, to the clerk before the date of the trial.
The defendant may approach the clerk or legal assistant for assistance with the formulation thereof.
Although the defendant is not obliged to lodge a plea with the clerk, he/she may wish to lodge a written statement setting out the nature of the defence and the grounds on which it is based.
Lodging a written statement is crucial if the defendant has a counterclaim against the plaintiff.
A counterclaim (also called a claim in reconvention) is a claim brought by the defendant against the plaintiff. A counterclaim may be any type of claim mentioned in section 15(1) of the Act. It may involve the same dispute as the plaintiff's claim or a completely different dispute - (see Eckard's Principles of Civil Procedure in Magistrate Courts 5th Ed. See also Jones & Buckle Rule 20-2).
A counterclaim must be filed by the defendant by no later than a day before the trial date. The maximum amount that may be claimed in a counterclaim is R7 000.
In raman v Barlow Motor Investments (Pty) ltd T/A natal Motor Industries Prospecton and others,34 it was held that the Small Claims Court has jurisdiction to entertain a counterclaim by a juristic person that does not exceed the monetary jurisdiction of the court. The defendant may, however, as already pointed out, abandon a portion of his or her claim so as to bring it within the jurisdiction of the Small Claims Court.
The defendant's counterclaim may not exceed the jurisdiction of the Small Claims Court as far as monetary value or the type of claim is concerned - (see Jones and Buckle Rules 20-5).
Where both the plaintiff's claim and the counterclaim that is beyond the court's jurisdiction are for payment of money and the Commissioner is satisfied that the defendant is likely to succeed with his or her counterclaim, the Commissioner should stay the proceedings and give the defendant an opportunity to bring the claim in a competent court. If the counterclaim is unlikely to succeed, the counterclaim will be ignored - (see Jones & Buckle at 201).
on determination of the same issues, the Commissioner is obliged to stay the proceedings to enable the defendant to bring his/her claim against the plaintiff in a court having jurisdiction. The proceedings will be stayed only if the defendant files a written statement in terms of section 29(3) and satisfies the Commissioner that (a) his or her counterclaim exceeds the jurisdiction of the court (R7 000) and (b) that the counterclaim involves same issues relevant to the plaintiff's claim. A failure to stay the proceedings is reviewable in terms of section 46(a) of the Act - (see swart v sher no And Another 1987(2) SA 454(SE)).
Where the proceedings are stayed in order to give the defendant an opportunity to institute his or her claim in a competent court, the plaintiff may file a counterclaim in that court.
The commissioner is not obliged to stay the proceedings where the counterclaim exceeding the jurisdiction of the court involves issues completely different from those that are relevant to plaintiff's claim and/or where one claim sounds in money and the other does not. An example is where the plaintiff claims payment of money and the defendant claims for ejectment. In such a case the Commissioner may use his discretion whether or not to stay the proceedings according to the circumstances of the case - (see Jones & Buckle at 201).
A summons issued in the High Court or a Magistrate's Court does not amount to a counterclaim in a Small Claims Court. Thus the Commissioner may not stay proceedings simply because summons was issued in a higher court. The defendant must file a counterclaim in the Small Claims Court - (Esterhuizen v Holmes 1947(2) SA 789(T) at 797).
Where proceedings are stayed because the defendant filed a counterclaim exceeding the jurisdiction of the Small Claims Court and the defendant fails to institute proceedings in a competent court within the time stipulated by the Commissioner or where the matter is dismissed, stayed, withdrawn, abandoned or absolution is granted in a higher court, a plaintiff who has not instituted a counterclaim in a higher court may, on notice to the defendant, place the matter on the roll for the hearing of his or her claim. In such a case the counterclaim will be ignored.35 5.
The counterclaim may be accompanied by the defendant's plea to the summons.
The Small Claims Courts Act has no provisions similar to section 47. It is submitted that these provisions are implied or ancillary powers emanating from various empowering provisions of the Small Claims Courts Act namely sections 15(f), 22, 26(1) and 29(3). See Jones & Buckle at 34 for a discussion of the principle.
Neither the Act nor the Rules prescribe the form in which an application should be brought. Oral and written applications are permissible. It is, however, recommended that the application is submitted in writing. The application should be accompanied by the necessary founding affidavit setting out the grounds for the application.
The clerk will then make arrangements for the hearing of the application. The clerk must arrange for a date, time and venue for the hearing of the application.
Section 13 of the Act allows a claim to be transferred from one court to another, with the consent of all the parties, or upon the application of one of the parties.
If the application is granted the latter court will, notwithstanding anything to the contrary in the Act, have jurisdiction to hear that action.
Section 31 of the Act provides for the joinder of any number of persons each of whom has a separate claim against the same defendant, as plaintiffs in one claim. The defendant may, however, apply to the court that separate trials be held, and the court may in its discretion make such order as it may deem just and expedient.
Two or more defendants may be sued in the alternative or jointly in one claim. As in the case of the plaintiffs, a defendant, upon application, may request a joinder of defendants and the court may in its discretion agree or make such other order as it may deem just and expedient.36 36 See Small Claims Courts Act, s 32.
In terms of section 33(3) of the Act the name of any person or place as commonly known may be used and the court may, upon application, at any time before or after judgment substitute the correct name for that name.
if the judgment was void or was obtained by fraud or as a result of a mistake common to the parties, provided the application is made not later than one year after the applicant first had knowledge of the voidness, fraud or mistake; or if there was a patent error in the case of an application, provided the application is made not later than one year after the applicant first had knowledge of any errors.
The clerk has dual responsibility in the preparation for the hearing, i.e. advising the parties with regard to preparation of their cases and also ensuring that the hearing takes place on the trial date.
The clerk is required to ensure that the Commissioner has received the court file at least ten days before the hearing date.
Amount for which claim is instituted.
Availability of the Commissioner on the date of the hearing.
Judgment for Plaintiff The Commissioner may grant judgment in favour of the plaintiff after hearing both sides. This judgment is final, and the defendant cannot appeal against it.38 The defendant has ten days to satisfy the plaintiff's claim and costs as ordered by the Commissioner.
Judgment for Defendant The Commissioner may reject the plaintiff's claim if the plaintiff fails to prove his/her claim. The Commissioner may uphold the defendant's counterclaim. The plaintiff cannot appeal against this judgment.
Absolution from the Instance If either the plaintiff or the defendant fails to prove his or her case, the Commissioner may grant a judgment of absolution from the instance. The plaintiff may still present his or her claim at a later hearing if more evidence comes to light.
Default Judgment If the defendant fails to appear at the hearing, the court may, upon application by the plaintiff, grant default judgment against the defendant.
That the defendant was timeously served with a summons; and that the plaintiff has a valid claim and is entitled to recover same from the defendant.
The defaulting defendant has ten court days to pay the claim after the defendant has been informed of the default judgment.
38 See Small Claims Courts Act, s 45. 39 See Small Claims Courts Act, s 45.
Where the plaintiff fails to appear in court, the Commissioner may remove the matter from the roll, or may, on application by the defendant, dismiss the plaintiff's claim. The plaintiff may re-institute the action or apply for a rescission.
The Commissioner may make an order of payment of money by the judgment debtor in favour of the judgment creditor.
Orders for payment of money must be satisfied within ten days, unless otherwise ordered. Such money must be paid by the judgment debtor directly to the judgment creditor.
Cost orders The Commissioner may award costs in favour of the successful party, which costs are limited to the Sheriff's fees.
Conditional orders The Commissioner may order the judgment debtor to pay the judgment debt and costs in specified instalments, or suspend the order either wholly or in part on such conditions as to security or otherwise as the Commissioner may determine.
When the Commissioner grants judgment for the payment of a sum of money, he/she may conduct a financial enquiry into the judgment debtor's financial position if the latter indicates that he/she is unable to comply with the judgment.
the balance of the capital; and the Sheriff's costs.
In the enquiry the Commissioner determines the judgment debtor's ability to satisfy the judgment debt and costs.
income and expenses; and dates of the proposed instalments.
See Small Claims Courts Act, s 39(1).
If the judgment debtor still fails to satisfy the judgment, the matter is transferred to the Magistrate's Court for an execution procedure, as prescribed by the Magistrate's Courts Act 32 of 1944.
The judgment creditor would then be advised to obtain a warrant of execution against moveable property of the judgment debtor.
The clerk must assist the judgment creditor with the execution process.
The judgment creditor must submit the warrant of execution to the Sheriff who will enforce it. The warrant empowers the sheriff to seize any attachable property belonging to the defendant in order to cover the plaintiff's claim in addition to the Sheriff's own fees.
Commissioners are urged to advise the plaintiff of the costs involved in executing a writ of execution.
The warrant is addressed to the Sheriff in whose area the execution is to be enforced.
The warrant is for the surrender of movable property or for ejectment of the judgment debtor from the property.
Such process can only be withdrawn or suspended if the sheriff receives a notice from the judgment creditor.
Any alterations in the warrant for execution must be initialed by the clerk before it is issued.
The clerk must ensure that the correct judgment debtor is named in the warrant for execution, otherwise the warrant becomes invalid.
The clerk will only reissue the warrant if requested to do so by the judgment creditor.
If judgment is granted in the defendant's favour, he/she is absolved from paying the claimed amount to the plaintiff. If the defendant succeeds with his/her counterclaim, s/he may pursue the matter to enforce the judgment. In that case the processes to enforce and execute judgment as outlined in (9.2) and (9.3) above may apply.
A decision or an order of the Commissioner is final.41 However, the Act recognises that there may be situations in which the proceedings need to be reviewed by a higher court, with a view to preventing a miscarriage of justice.
The Commissioner may, upon good cause shown, rescind or vary a default judgment on such terms as s/he deems fit. The Commissioner must be satisfied that there is good reason to do so.
If a default judgment was given against a defendant, s/he may within six weeks after the judgment or after obtaining knowledge of the judgment, apply for a rescission or variation thereof.
The Commissioner may vary or rescind the judgment if it was obtained by fraud or as a result of a mistake common to the parties.
Where a person wilfully insults, interrupts or otherwise misbehaves at a hearing, that person may be sentenced summarily by the Commissioner.
The sentence that may be imposed is a fine not exceeding R500 or a period of imprisonment not exceeding six months or imprisonment without the option of a fine.
The Commissioner is obliged to transmit details of the sentence to the Registrar of the High Court for consideration and review by a Judge in chambers.
See Small Claims Courts Act, s 45.
A judgment of the Small Claims Court cannot be appealed against.
Gross irregularity with regards to the proceedings.
A case is taken on review by way of a notice of motion and a founding affidavit must, in terms of Rule 53(1) of the High Court Rules, be served on all parties.
The particulars of the case must be entered in the review register.
The application for review together with all supporting affidavits and documents must immediately be faxed to the Director: Law Enforcement on 012-315 1105. Voluminous papers should be couriered immediately to the National Office for the attention of the above-mentioned official. This office will further require a transcript of proceedings and reasons by the Commissioner within 14 days from date of service. Instructions to the State Attorney may only be given by the Directorate: Law Enforcement at National Office.
42 See Small Claims Courts Act, s 45. 43 See Small Claims Courts Act, s 46.
the Director-General: Justice and Constitutional Development.
The Commissioner must send his/her written reasons to the clerk of the Small Claims Court, who in turn must send copies of the reasons to the Chairperson of the Advisory Board, the relevant State Attorney and the Director-General: Justice and Constitutional Development.
When the Commissioner's written reasons are received, a certified copy of the court file must be sent by registered mail to the registrar of the High Court. The date of dispatch must be endorsed in the review register.
The Advisory Board must in the meantime make a recommendation to the State Attorney regarding possible opposition to the application. The State Attorney in turn must make a recommendation to the Director-General: Justice and Constitutional Development, who decides in the final instance whether the application must be opposed at State expense or not.
When the certified copy of the court file is received from the registrar, the Commissioner must be informed of the decision. The decision must also be entered in the review register.
If the clerk of the court or a legal assistant gives incorrect legal advice or makes an error with the preparation of a summons, statement or other document, he/ she may not be held liable for any damage suffered by a party, provided that he/she acted in good faith.
The State may also not be held liable to compensate a party for any damage (see section 11(3) of the Act). A Commissioner is similarly indemnified against any action that may be brought against him/her whilst carrying out his/her duties as a Commissioner.
When a Commissioner has to travel to a nearby town and requests payment of his/her travelling costs, the clerk of the court must direct an application in writing for the payment of such travelling expenses via the magistrate to the Director-General.
Costs determined according to State tariff (mention engine volume and tariff in cent per kilometre).
to ensure the administrative efficiency of the court, to protect the court's integrity, and to help maintain public confidence in the court's dispensing of justice.
In executing the above functions, the clerk of the court is expected to comply with the values and ethical principles enunciated in the Public Service Act and the relevant Code of Conduct applicable to non-judicial personnel in the Magistrates' Courts.
The clerk of the Small Claims Court must faithfully carry out all appropriate duties striving at all times to perform the clerk's work diligently, efficiently, equitably, thoroughly and courteously; observing the highest standards of conduct and professionalism.
always commit himself or herself to pursuing the highest standard of excellence in the execution of duties.
The clerk of the court shall avoid subjecting him/herself to improper influences from any source whatsoever or in any activities that could impugn the dignity of the clerk's office.
The clerk of the court shall conduct his/her work without bias or prejudice and without regard to race, colour, religion, age, national origin, language, martial status, socio-economic status, physical or mental challenge, etc.
The clerk of the court shall express the truth as best as s/he knows it with complete candour and sincerity.
The clerk of the court shall notify the appropriate authority whenever he/she or anyone in his/her immediate family is named in any action pending before the court.
The clerk of the court shall avoid discriminatory, biased, or prejudicial acts or words based on race, colour, gender, age, religion, national origin, language, appearance, disability, marital status, sexual orientation, socio-economic status, or political affiliation, and shall refrain from harassing other staff members, litigants or members of the public either sexually or non-sexually.
discuss or divulge information to anyone outside the clerk's office or the court system without the express permission of the Commissioner; or use his/her position or title to influence others in any manner whatsoever.
The clerk of the court shall not solicit, accept, or agree to accept, or dispense any gift, favour or loan either for himself/herself or on behalf of any other person.
The clerk of the court shall be vigilant of conflicts of interest or the potential for same, and ensure that outside interests are not of a nature as to impair the ability to perform his/her duties.
The clerk of the court shall immediately report any attempt to compel him to violate these tenets in any manner to the appropriate authority.
The clerk of the court shall not inappropriately destroy, alter, falsify, mutilate, backdate or fail to make required entries on any records within the clerk's control unless ordered in writing to do so by the court.
The clerk of the court shall maintain legally required confidentialities of the office, by not disclosing information, whether or not confidential, to any unauthorized person for any purpose, and shall properly provide confidential information that is available to specific individuals authorised to receive such by reason of statute, court rule or administrative order.
The clerk of the court shall use the resources, property and funds under his/her official control judiciously and solely in accordance with prescribed procedures and appropriate law(s).
The clerk of the court shall participate in such activities only during nonworking hours or take unpaid leave of absence upon declaring any intent to run for political office.
Where an action is instituted in a Small Claims Court by an individual partner in respect of a partnership debt and uncertainty exists as to the identity of the party instituting the action, the Commissioner ought to mero motu raise the issue of identity where clarification of the position in this regard is fundamental to a just and lawful decision of the case. The failure to raise the issue constitutes a gross irregularity as contemplated in the Small Claims Court Act 61 of 1984, s 46 (c).
Held, that the failure of the commissioner mero motu to have raised and decided the issues as to the identity of the owner of the rights sought to be enforced in the proceedings had been an irregularity with regard to the proceedings within the meaning of s 46 (c) of the Act.
The Commissioner in a Small Claims Court is required to listen to the relevant evidence, weigh it to determine what is probable and reach a conclusion according to the law.
Section 36 of the Act invests the Commissioner in a Small Claims Court with the jurisdiction to rescind any judgment granted by him or her in the absence of the person against whom that judgment was granted. The Commissioner is empowered to rescind a judgment provided the applicant has showed sufficient cause. The discretion of the Commissioner is exercised, inter alia, by the presence or absence of good cause shown. Failure by the Commissioner to properly apply his mind will render the proceedings reviewable.
Held, that there can be no criticism of the Commissioner where he has applied his mind to these matters but nonetheless reached a conclusion which is incorrect either in relation to the facts or the law. No more is required of him than that he should properly apply his mind to the matter, which ought to result more often that not in the correct conclusion being reached. However, where he fails to properly apply his mind at all to one or more of the issues, he commits a gross irregularity, because then he has failed entirely to perform the function which then was required of him. The proceedings will then be reviewable.
Proceedings - Legislature intending in section 26 and 27 (2) of Small Claims Court to give commissioners a fairly free hand in order to effect speedy and an inexpensive adjudication of cases. However this object should not be so predominant that the quality of the administration of justice is prejudiced.
The court found that the Commissioner had erred by (1) following a procedure which in essence amounted to the joinder of parties without the proviso to section 30 of the Act having been brought to the applicant's attention and which joint hearing in the particular circumstances of the case was prejudicial to the applicant; (2) granting judgment in favour of the three plaintiffs respectively for an amount which was clearly arbitrary; (3) committing a mistake of law by hearing the case notwithstanding non-compliance with the provisions of section 30 of the Basic Conditions of Employment Act 3 of 1983.
Held, that the Commissioner's aforementioned conduct amounted to an irregularity as intended in s 46 (c) of the Small Claims Court Act, that the judgments should be set aside and that the cases be remitted to the Small Claims Court for proper adjudication.
In terms of section 22 of the Small Claims Court Act 61 of 1984, a Small Claims Court cannot determine claims beyond its jurisdiction, even if the parties consent thereto. Where a defendant in a claim brought against him in a Small Claims Court has a counterclaim against the plaintiff, and the claim and counterclaim are interrelated and depend upon a determination of the same issues, the small claims court cannot hear the matter if the counterclaim exceeds jurisdiction.
Held, that the Commissioner would be obliged to stay or stop the proceedings in the Small Claims Court to enable the defendant to bring his claim against the plaintiff in a higher court, and the plaintiff would be able to advance his claim in the higher court in the form of a counterclaim. Should the presiding Commissioner fail or refuse to stay or stop proceedings conducted by him or her, it would be subject to review by the High Court in terms of s 46 (a) of the Small Claims Court Act.
In terms of section 7 (1) of the Small Claims Court Act 61 of 1984, only a natural person may institute an action and a juristic person may become a party to an action only as a defendant. However, section 7 (1) should not be interpreted as precluding a juristic person, having been brought before the court as a defendant, from raising a counterclaim. Section 7 (1) should be interpreted to include within the concept "defendant" a "plaintiff in reconvention" who is a juristic person.
Held, that it is not violating the language of s 7 (1) of the Act in any way to include within the concept of 'defendant' a 'plaintiff in reconvention' who is a juristic person. Held further that the Small Claims Court Commissioner had jurisdiction to deal with the counterclaim and give the judgment in favour of the defendant notwithstanding that the defendant is a juristic person.
"Unlawful occupiers" in terms of the Prevention of Illegal Eviction and Unlawful occupation of land Act 19 of 1998 includes an owner who has mortgaged property but continues to remain in occupation despite his/her right of ownership having been terminated by a sale in execution and a tenant whose lease lawfully terminated but who refuses to vacate the property.
Held, that provided the procedural requirements had been met, the owner was entitled to approach the court on the basis of ownership and the respondent's unlawful occupation. Unless the occupier opposed or disclosed circumstances relevant to the eviction order, the owner, in principle, would be entitled to an order for eviction.
Held, that building structures that did not perform the function of a form of dwelling or shelter for humans did not fall under the Act.
The correct interpretation of section 38 (2) of Act 32 of 1944 is that the part of the claim which is not granted must be subtracted from that part of the claim which was waived, and that, if, for example, a plaintiff's damages should be R2 000 and 15% thereof is to be granted, the full R300 must be granted, and that the R1 000 which was waived, must be subtracted from R1 799 which was not recovered. This means that if plaintiff's damage amounts to R2 000, she should recover the full amount of R300.
The appellant, the insurer of a motor vehicle driven by Servern was the defendant in the magistrate's court where respondent as the plaintiff pedestrian has sued it for damages for injuries sustained in a collision at night. The claim was for R2 000 but the summons was reduced to R1 000. The magistrate found that Servern's negligence was partly a cause of the plaintiff's damages and fixed it at 15%. He assessed the damages at "at least R1 000" and granted R150. The appellant appealed against the finding that Servern had been negligent and there was a crossappeal against the award of only R150.
Held, that the magistrate's finding in regard to negligence should be upheld.
Held, further that the damages amounted to R2 000 and accordingly the plaintiff was entitled to R300.
The Applicant had been sued in the Small Claims Court by the Second Respondent who had described himself in the summons as "PM Collins t/a Watermans Business".
the cause of action was founded on the right of partnership, which was not a natural person and therefore lacked jurisdiction within the meaning of section 46 (a) of the Act.; alternatively, (2) there was a gross irregularity with regard to the proceedings as contemplated in section 46 (c) of the Act.
Held, that the right sought to be enforced was not that of a partnership but the right of the Second Respondent trading as Watermans Business, the first ground of review was dismissed.
Held, because there was an uncertainty, the court a quo should have mero motu raised the issue as to such identity, that there was gross irregularity with regard to the proceedings within the meaning of section 46 (c) of the Act, and the application was accordingly granted.
The applicant seeks to impugn the constitutional validity of ss 7(2) and 45 of the Small Claims Courts Act. In the first place the constitutional validity of sec 7(2) is impugned on the sole basis that it denies litigants in the Small Claims Court their constitutional right to legal representation and therefore effectively denying them justice. In the second place the constitutional validity of sec 45 is impugned on the sole basis that it denies a party who is aggrieved by an adverse judgment of the Small Claims Court of the right to take that judgment on appeal. It is therefore contended on behalf of the applicant that the denial of these fundamental rights infringed her rights as enshrined in ss 9 and 35 of the Constitution of the Republic of South Africa Act, 1996.
That the two sections of the Small Claims Courts Act under consideration do not infringe any of the rights alleged by the applicant but demonstrate a justification of the limitation which satisfies the threshold required in terms of sec 36 of the Constitution.
1.1 Small Claims Court Act 61 of 1984 1.2 Rules Regulating Matters in Respect of Small Claims Courts, 1985 Published under GN R1893 in GG 9909 of 30 August 1985 2.
Strauss, SAS: You in the Small Claims Court 2 Edition 1990 2.3.
Gough, I: The Small Claims Court: A Court with a Human Face (Unpublished LLM thesis, University of Natal, Durban, 1992?
<fn>GOV-ZA.2010SignageFinalEn.2012-02-10.en.txt</fn>
The City of Cape Town has recently undertaken a substantial upgrade of permanent road signage prior to the 2010 FIFA World Cupâ. Most destinations frequented by tourists and spectators have been covered by this. Yellow temporary signage provides directions to World Cup event venues and facilities.
The following are examples of such temporary signs that will be seen throughout Cape Town during the event. Each example is accompanied by a short explanation.
All pedestrian signs include this symbol, as well as a second symbol, or text, to indicate the venue or location that pedestrians are being directed towards. Below are examples of these.
These signs are used along pedestrian routes leading to parking areas.
P is the international symbol for parking.
These signs direct pedestrians to the official FIFA Fan FestTM on the Grand Parade in Cape Town. Please note: The 2010 FIFA World Cupâ logo only appears on signs for the official FIFA Fan FestTM and not on signs to Public Viewing Areas.
This is the symbol for the pedestrian routes to all 2010 FIFA World Cupâ stadiums across the country. It is displayed to indicate the preferred pedestrian routes towards the stadium in Green Point.
The bus symbol is used to direct pedestrians to the stadium shuttle service which operates only on match days between the Civic Centre and Stadium bus stations.
This is used throughout the City of Cape Town to direct pedestrians to rail stations with branding and additional security. It also directs pedestrians from the Civic Centre bus station to Cape Town Rail Station.
These signs indicate the direction to and distance from the city centre.
These signs indicate the direction to Cape Town city centre.
These sign indicate the bus stops along the route between Queens Beach and the Civic Centre on Hertzog Boulevard. The same applies for the Hout Bay shuttle service.
This sign indicates the direction to be followed to reach Cape Town Stadium in Green Point.
This sign indicates parking areas around the stadium all of which are reserved for Special Travel Groups only. These groups include soccer teams, officials, media, broadcasters, VIPs and hospitality. Note: There is no parking for the general public at the stadium.
This is only for vehicles with parking tickets pre-issued by FIFA. It serves as a reminder to display the parking ticket in the bottom left corner of the windscreen. Note: There is no parking for the general public at the stadium.
This sign directs road users to the Special Needs Shuttle operating from the ground floor at the Civic Centre. Note: Only persons who have pre-booked will be allowed access.
Vehicles making deliveries to the stadium must pass through the "Log Point" to have their goods checked. Here accreditation for access to the stadium will be confirmed. Note: Vehicles without proper accreditation will be denied access.
All vehicles entering Cape Town Stadium must pass through a "Search Park". Only vehicles with pre-issued Vehicle Access Permits will be allowed to enter the security perimeter around the stadium. Vehicles will be screened for prohibited items, a list of which can be found at http://www.fifa.com/worldcup/organisation/ticketing/stadiumcodeofconduct. html . General spectators will be screened on the pedestrian accesses to the stadium.
This type of signage is used to indicate the locations of the rail based parkand-ride facilities and their associated parking areas. These indicate stations with event information, branding and additional security at the stations and parking areas.
This type of signage is used to indicate the locations of the bus based park-and-ride facilities and their associated parking areas.
This indicates that stopping is prohibited 75m either side of the sign. Drivers of vehicles shall NOT stop their vehicles at any time anywhere on the portion of public road, as indicated by these signs.
<fn>GOV-ZA.2010SurveyResponseRateEn.2012-02-10.en.txt</fn>
The overall response rate as on the 27 June 2011 is 63% with a workable response rate of 56%. Table 1 below displays the percentage collection rates by size group. The highest collection response rate of 28% is realized in size group 1, followed by size group 3 at 16%. The lowest response of 4% is observed in size group 4. The total number of enterprises outstanding is 5 375.
<fn>GOV-ZA.2010TimeEn.2012-02-10.en.txt</fn>
Africa's time has come!
South Africa is ready!
In 2004, when South Africa was awarded the bid to host the 2010 Fédération Internationale de Football Association (FIFA) World Cup, there were celebrations throughout South Africa and the African continent. The decision to award the bid to Africa is celebrated not only because of the continent's love of the game - but also because it will be part of making this a century of African growth and development.
The South African Government is committed to making the event "the best World Cup ever", and will deliver on all the commitments to FIFA. Government is also using the hosting of the World Cup to contribute to the growth and development of the country.
The excitement is palpable - every day, in anticipation of the first "African" World Cup, new and exciting steps are being taken on the journey to 2010. Come and be part of the legacy!
We want, on behalf of our continent, to stage an event that will send ripples of confidence from the Cape to Cairo - an event that will create social and economic opportunities throughout Africa. We want to ensure that one day, historians will reflect upon the 2010 World Cup as a moment when Africa stood tall and resolutely turned the tide on centuries of poverty and conflict. We want to show that Africa's time has come.
Mr Thabo Mbeki - President of South Africa In May 2004, FIFA awarded the hosting of the FIFA World Cup to an African country for the first time in the 101 years of FIFA's existence. This followed FIFA's historic decision in 2001 to stage the 2010 World Cup on the African continent in a system of continent rotation.
From the beginning of the bid process, South Africa committed that the 2010 World Cup would be an African World Cup.
but rather as a representative of Africa and as part of an African family of nations.
The commitment to making the 2010 World Cup an African event has been strongly supported by the African Union (AU). In a declaration of the eighth Assembly of the AU heads of state and government, the AU reaffirmed its pledge to make 2010 a truly African tournament, committing its countries to "full and substantive involvement in the preparation leading to the 2010 World Cup". The AU also urged its member states to develop national programmes and identify AU sport ambassadors to help implement the International Year of African Football, "Sports for All" programmes and the African Legacy Programme.
In November 2006, the African Legacy Programme for the World Cup - a joint responsibility of the 2010 FIFA World Cup Organising Committee (Organising Committee) and the Government - was devised.
support the realisation of African Renaissance objectives, including programmes of the AU such as the New Partnership for Africa's Development ensure maximum and effective African participation in the 2010 World Cup strengthen, develop and advance African football improve Africa's global image and combat Afro-pessimism.
The programme includes collaboration with four key stakeholders - FIFA, the Confederation of African Football (CAF), the United Nations (UN) and the AU - linking in with a number of existing initiatives.
The Government is collaborating with African countries on a number of projects that will contribute to the African legacy.
Government will use the hosting of the 2010 World Cup as part of the country's programmes for achieving economic growth and development.
The hosting of the 2010 World Cup will be a catalyst for faster economic growth and the achievement of development goals.
South Africa has already met some of the millennium development goals for 2014 set by the UN in 2000 and is well on its way to meeting others. Being the 2010 host will give the country a significant boost towards its target growth rate of at least 6% by 2010.
The timing of the World Cup is significant for South Africa as it coincides with the maturing of key government interventions such as the Accelerated and Shared Growth Initiative for South Africa (AsgiSA).
Part of the way in which government will ensure the World Cup contributes to the country's growth and development goals is by making sure that hosting the tournament brings opportunities that can be accessed by South Africans, in a way that will empower those who were systematically excluded from participation in the economy under apartheid.
What is the Accelerated and Shared Growth Initiative for South Africa (Asgisa)?
Government has been mandated to accelerate the country's economic growth, thereby halving poverty and unemployment by 2014. This mandate will be achieved through working with its social partners, and through AsgiSA.
AsgiSA aims to increase growth to an average of 4,5% till 2009 and at least 6% from 2010.
a R134-billion investment in infrastructure, including preparations for the 2010 World Cup a focus on strategic sectors with the potential for fast job-creating growth ensuring the country has the skills it needs creating opportunities for those marginalised in the Second Economy maintaining the policies that have brought macroeconomic stability improving government's capacity to deliver.
Government aims to ensure that the fruits of growth are shared in such a way that the inequalities that still affect the country are further reduced.
Government investment and programmes for the World Cup are planned in such a way that they will accelerate delivery in existing priority areas. By 2010, South Africa will have, among other things, better sports facilities, a better public transport system and roads, and better telecommunications infrastructure.
However, hosting the World Cup is also about building the country in ways that go beyond improving infrastructure: it's about developing football and the youth, promoting a healthy lifestyle through sports and fostering pride in our country and continent.
Government's budgeting for 2010 prioritised spending that would leave a lasting legacy. This means that public money is being invested in World Cup projects that will help achieve existing government objectives and development goals.
National government's R17,4-billion direct investment in infrastructure in the World Cup is part of a much larger spending programme between 2006 and 2010. During that time, the Government will be investing more than R400 billion in the country's infrastructure - from rail freight services and energy production, to communications, airports and other ports of entry.
In addition, provincial and local government and other partners are investing in developments related to the World Cup.
We are proud in the knowledge that the jobs that are being created are benefiting the poor around the country. We rejoice in the statement of a worker at Soccer City who said that he was not just building a stadium, but that he was helping to build our country. That is the spirit!
It is estimated that the 2010 FIFA World Cup will contribute R51,1 billion to South Africa's gross domestic product (GDP) between 2006 and 2010.
The full-year profit of Aveng, South Africa's biggest construction company, more than doubled in 2007 because of accelerating economic growth and building work on infrastructure needed to host the 2010 World Cup.
The World Cup is stimulating multibillion-rand hotel developments across South Africa. This includes investments from large foreign companies, such as Dubai World, England-based InterContinental Hotels Group and United States-based Starwood Hotels and Resorts Worldwide.
The Organising Committee has agreed to procure 30% of the products and services it needs from small businesses and Black Economic Empowerment companies.
The 2010 tournament will be the first World Cup during which FIFA will make use of non-hotel accommodation, providing business opportunities for guest houses and bed-and-breakfast facilities. To benefit, small, medium, and micro-enterprises (SMMEs) must register with Match (the company contracted by FIFA). SMMEs also have to be graded. The Department of Environmental Affairs and Tourism has made R200 million available to assist with the grading of SMME accommodation.
The Department of Environmental Affairs and Tourism is leading the process of "greening" 2010. This includes waste management, water and energy conservation, sustainable architecture in stadiums, carbon offset and public awareness campaigns.
South African tourism grew by almost 14% in 2006, three times the global tourism growth rate of 4,5% for the same period. Almost 8,4 million tourists visited South Africa in 2006 - over a million more than in 2005, representing a 13,9% increase.
The 2010 World Cup is already the most successful FIFA World Cup ever - it has generated US$3,2 billion in signed agreements, more than any other World Cup.
FIFA has donated US$70 million towards the Legacy Programme, government has approved R19 billion worth of infrastructure and South African companies have invested more than R700 million.
In South Africa, various structures work closely together to deliver the World Cup. Roles are determined primarily by the contractual agreements signed with FIFA.
The 2010 FIFA World Cup Organising Committee is a non-profit company incorporated under section 21 of the Companies Act. It is the body ultimately responsible for organising the World Cup tournament. It brings together South African football administrators, the Government and representatives of business and labour on its board.
National government is responsible for the delivery of the 17 guarantees given to FIFA. These guarantees are contained in the bid book and are required of any country that wishes to host the World Cup. National government also plays a key role in terms of technical and financial support to the host cities.
2010 Project Management Unit within Sports and Recreation South Africa (SRSA).
Host cities are responsible for fulfilling the obligations contained in the host city agreements signed with FIFA, with support from national and provincial government. The host city agreements include aspects such as stadiums and official training grounds, supporting infrastructure, official fan parks, city beautification and compliance with FIFA marketing guidelines within the cities. The Host Cities Forum brings together host cities, national government and the Organising Committee in managing the host cities' preparations.
In some cases, South Africa needed no extra legislation to give effect to the Government guarantees. However, some of the guarantees did require that Parliament passed legislation - the 2010 FIFA World Cup South Africa Special Measures Act and the Second 2010 FIFA World Cup South Africa Special Measures Act. These were both passed in 2006 and will be in effect for the World Cup period.
The transport programme for the World Cup will ensure movement of fans, FIFA officials, associates and members of the media. As importantly, a vastly improved public transport system will be secured as one of the legacies for South Africa.
The Department of Transport, in consultation with the transport sector, has developed the 2010 Transport Action Plan. The plan integrates transport, security, emergency response and socio-economic development.
accelerate existing transport plans and maximise existing transport infrastructure improve public transport and promote its use integrate existing transport services accelerate implementation of the Government's economic and sustainable development policies.
Distance travel will be offered by taxis, buses, passenger rail, luxury coaches, tour packages, private car hire and domestic aviation. South Africa will temporarily increase its operational capacity for distance travel - primarily by making available additional vehicles and improving operational efficiencies. In addition, there are major investments in distance transport that will benefit South Africans in the long term.
In the 2007 Budget, the South African National Roads Agency and the South African Rail Commuter Corporation received an additional R1,7 billion to upgrade roads and stations in areas critical to the World Cup.
Transnet, the public entity responsible for South Africa's rail transport, has embarked on an extensive investment initiative to recapitalise and privatise key aspects of rail transport. Other projects underway - such as the R7-billion taxi recapitalisation programme and the Gautrain Rapid Rail Link in Gauteng - will tie in with 2010 transport demands.
South Africa has solid aviation infrastructure. The Airports Company South Africa is busy with an airport-infrastructure expansion programme to meet standard projected growth. Temporary interventions in air space, airports and air-traffic operations will accommodate the surge of visitors in 2010.
2010 transport delivery includes intelligent transport systems. For example, integrated electronic ticketing means fans need to buy only one data-rich ticket that grants access to matches and public transport. This also involves the use of technology to manage congestion, incident response and travel demand. These systems will cater for the needs of World Cup visitors, and will also catapult South Africa to new levels of transport efficiency.
Demand management is a key strategy that accompanies the major infrastructure investments. It allows officials to identify and tackle transport demands - right down to the number of fans who may be arriving at an airport or leaving a stadium at a particular time on a particular day.
A fast, comfortable and low-cost urban transport system, called the "Bus Rapid Transit" system, is being developed for the host cities of the 2010 World Cup.
The Department of Transport has been awarded a project preparation grant from the Global Environment Facility, to contribute to sustainable transport initiatives ahead of 2010.
Gauteng's freeway system will undergo a R22-million upgrade and expansion over the next seven years.
Some other projects linked to the 2010 World Cup include a R1-billion ring road to the north of Nelspruit, a road linking the eastern side of Polokwane at a cost of R400 million and the improvement of provincial highways in Rustenburg at a cost of between R250 million and R300 million, respectively.
R3,9 billion is being spent on upgrading the Oliver Tambo International Airport and R1,4 billion for the Cape Town International Airport.
The Government will provide ICT infrastructure that conforms to FIFA requirements, including for wire and wireless national and international telephone, data, audio and video exchanges.
At the same time, government will ensure that the event produces a lasting legacy for ICTs in South Africa, including through enhancing South Africa's migration to high-definition television and new broadcasting technology.
The Government will also help the Organising Committee to set up a fully equipped central media centre as well as media centres in all FIFA World Cup stadiums. The International Broadcast Centre will be the media nerve centre for the World Cup. It will provide coverage of the tournament to a cumulative audience of an estimated 30 billion viewers.
Sentech is on schedule to meet government's commitment by providing about 80% digital terrestrial television coverage by the 2010 World Cup. Sentech intends to launch at least one HDTV satellite channel, in time for 2010. Sentech will also build a second teleport to provide additional capacity needed for the 2010 satellite uplink requirement. On the other hand, SABC plans to have six more high-definition units in place by the end of 2009. The implementation of this strategy will meet a number of AsgiSA objectives as well as delivery of service to underserviced second-economy areas.
The 2010 World Cup matches will be staged at 10 venues across nine South African cities namely, Johannesburg, Cape Town, Durban, Nelson Mandela Bay (including Port Elizabeth), Mbombela (including Nelspruit), Polokwane, Mangaung (including Bloemfontein), Rustenburg and Tshwane (including Pretoria). Together, the stadiums will seat more than 570 000 people.
Intensive planning has gone into ensuring that the stadiums will be versatile, multipurpose facilities that will not only serve a variety of sports codes, but will also be suitable for entertainment and other community uses following the FIFA World Cup. Preparations are well under way.
Soccer City is undergoing a major upgrade. The stadium will host the final of the 2010 FIFA World Cup.
Ellis Park, a major football venue in South Africa, is to undergo a major renovation before the World Cup.
A new stadium is being built at Green Point. It will be an all-weather, multipurpose and technologically advanced stadium.
Durban's 2010 World Cup Stadium will be built from scratch and will be a multipurpose venue.
This stadium will host seven matches, including one of the semifinals. It is an entirely new infrastructure.
This stadium will be built as an adaptable, multi-sport, entertainment and exhibition venue.
Another entirely new development, the stadium will have 5 000 seats for the media, two lounges and more than 5 000 VIP seats.
The stadium will undergo a major renovation ahead of the 2010 World Cup. New turnstiles, floodlights, electronic scoreboards and a new sound system will be installed.
The stadium is already well-equipped and will undergo minor renovations. New electronic scoreboards, floodlights and a new public address system will be provided.
Loftus Versfeld is a popular sports and events venue and will undergo only minimal upgrades. Designated media areas will be constructed.
The projected direct, indirect and induced impact of the total budgeted spend for the six new stadiums is R18,9 billion or 1,8 times the actual spend. Of the R18,9 billion total impact on the South African economy, around R2 billion will directly benefit low-income households and a further R7,7 million other households.
In addition to the World Cup match sites, cities and provinces are also investing in the upgrading and development of other sports venues, some of which may be used as training venues. This will leave a legacy of improved sports and recreation facilities, while stimulating development in their vicinity.
The Limpopo Government will be upgrading two stadiums.
Free State's Sesa Ramabodu Stadium in Rocklands will be upgraded.
The KwaZulu-Natal Provincial Government will provide R300 million to upgrade stadiums and build multipurpose sports facilities.
The city of George in the Western Cape is to build a 35 000-seater soccer stadium to be used for practise matches.
The Rustenburg Municipality is planning to renovate Olympia Park Stadium.
The City of Johannesburg will upgrade the Orlando, Dobsonville, Rand, Cecil Payne, Rabie Ridge and Ruimsig stadiums.
The City of Tshwane (Pretoria) will upgrade the Super Stadium in Atteridgeville, the HM Pitje Stadium in Mamelodi and the Giant Stadium in Soshanguve.
Government will provide special immigration procedures for the FIFA delegation, participating teams and other individuals accredited for the 2010 World Cup, as per the guarantee to FIFA.
Government is also innovating processes to ensure smooth access of fans and tourists for the World Cup. These include visa arrangements with neighbouring countries, as well as investigating partnerships with major football nations to facilitate immigration.
Government has a long-term programme for the upgrading of ports of entry. This includes an investment of R71 million to upgrade ICT infrastructure at airports, R1,5 billion for physical and ICT infrastructure at land ports of entry and R1,5 million to upgrade sea ports of entry over the 2007 to 2010 period.
If you build roads, it is ordinary South Africans who will travel on those roads, if you build stadiums it is ordinary South Africans who will play there and enjoy themselves and this is the legacy that the World Cup will leave.
The Minister of Health committed to FIFA that the infrastructure of the South African National Health System, specifically a comprehensive medical service (including 24-hour emergency medical treatment) and disaster management, would be put at the disposal of the 2010 FIFA World Cup in the cities where the games will be played.
As part of this guarantee, government committed that "the existing health infrastructure will be significantly upgraded in keeping with the Government's mission to promote the health of all people of South Africa, and to provide caring and effective services".
During the World Cup, the National Health Operations Centre (Nathoc) will link to all nine provinces, ensuring real-time monitoring, collating and reporting on the roll-out of the health plan, as well as the occurrence of any incidents. Sophisticated ICT systems, including an online system for all official venues and radio linkages, will be the backbone of Nathoc.
Free primary healthcare (PHC) will be provided for all spectators at official venues, including a script or referral to a health facility if necessary. However, any investigations, procedures or admissions will be paid by the patient.
Dispensing machines will be situated throughout the stadiums for basic drug purchases. Twenty-four-hour pharmacies will be in place for the duration of the event.
The Department of Health is involved in the planning of new stadiums and the refurbishment of existing ones to ensure they meet health- and medical-services requirements. All stadiums will include fully equipped medical centres, medical posts for PHC, as well as roving health personnel within the stadium and stadium precinct. Such provisions will also be in place in fan parks and other official World Cup-related venues as required.
The environmental health of venues will be assured, including stadiums, hotels, official venues and fan parks. This will include food standards, sufficient and safe water, sanitation and waste management.
Compliance with legislation and local and international health regulations by visitors entering the country will be controlled at all ports of entry, both by air, land and sea.
In addition to surveillance measures for local disease outbreaks, there is also an international surveillance system, given the numerous origins of the many thousands of visitors that South Africa is expecting.
Contingency planning is undertaken in conjunction with the South African Police Service, National Intelligence Agency, fire services and disaster-management services. Resources to deal with contingencies will be deployed at strategic positions for the duration of all matches, as well as any site that may be considered necessary.
Government will communicate with visitors to keep them informed of health requirements and conditions, to encourage visitors to act responsibly and stay healthy.
Government has made special provisions for the licensing of foreign-qualified medical and allied health professionals, and exemption for certain medical equipment and pharmaceuticals to be brought into the country - so players can be kept at their peak during the World Cup.
The Department of Health has embarked on a major project, the National Emergency Medical Services Strategic Framework (NESF), for the enhancement of emergency medical services (EMS) over the next five years.
This is an existing government programme that will improve the delivery of EMS to all communities.
State-of-the-art communication centres are being established in major centres within each province, based initially on two per province. Government has invested R37 170 000 for the establishment of these centres.
There are existing helicopter services in the Western Cape, Eastern Cape and KwaZulu-Natal. Before 2010, medical helicopter services will be established in Gauteng, Free State and Limpopo (which will also be able to cover North West and Mpumalanga areas) at a cost of R27 million. For the World Cup, these will be supplemented with additional services from the military and private sector.
A scheduled replacement programme is being implemented to replace all existing emer gency vehicles that have travelled in excess of 200 000 kilometres. Over the next three years, 450 vehicles will be replaced at a cost of R135 million.
R8 million is being invested to upgrade emergency centres designated for the World Cup - which will benefit South Africans in the long term.
Emergency personnel will be undergoing higher-level training to increase the ability of staff to provide immediate care at the site of the emergency.
The Government has assured the millions of fans who will be coming to watch the 2010 World Cup that they will be safe in South Africa.
Courts will be available 24 hours seven days a week to ensure access to justice during the event.
South Africa's ability to manage the security for such an event has been endorsed by FIFA. In its report released after the inspection visit to South Africa, FIFA said authorities had the know-how and resources to manage security during 2010. It also noted that South African police had provided an "excellent, comprehensive work schedule" that would "doubtlessly satisfy every requirement for the event".
South Africa's track record in managing high-level events speaks for itself. The country has hosted several global gatherings, such as the World Summit on Sustainable Development (WSSD) in 2002, the Non-Aligned Movement summit in 1998, the Rugby World Cup in 1995, the African Cup of Nations in 1996, the All Africa Games in 1999 and the Cricket World Cup in 2003.
For the WSSD, South Africa pioneered a security model that has been acknowledged as a new international benchmark - and has since been adopted by the United Nations as its model for large events.
Government is using the 2010 World Cup spirit to build on existing programmes that involve South Africans in healthy physical activities, and build communities and skills through sport.
The 2010 FIFA World Cup is an opportunity to develop football - and other sports - so that South Africa can unearth and nurture sports talent, and the country can compete at the highest level in the sports arena.
Sport clubs are an important part of developing organised sport. Government has a special focus on developing sports clubs in disadvantaged communities, including rural areas. In conjunction with sport federations, government provides relevant training to local enthusiasts in club administration, and refereeing and coaching skills. Government gives up to three years' financial and technical support, nurturing clubs to become self-sufficient and form leagues.
An amount of around R25 million across all nine provinces has been set aside for the period starting from 2007 to 2010 for club development.
Siyadlala, a Zulu word meaning for "lets play", is a programme to involve South Africans in general - with a focus on disadvantaged communities - in sport and recreation activities, beyond organised sport. This programme was launched in 2004 and has continued to grow exponentially, and will also get a boost from South Africa hosting the 2010 FIFA World Cup.
The programme works through the establishment of activity hubs that offer various physical activities - such as street ball games, aerobics, general gymnastics, fun runs or walks and indigenous games. They serve all groups in the community - young and old, men and women and the disabled. These hubs reach thousands of people who would otherwise not have had an opportunity to participate in any kind of sporting activity.
Siyadlala trains unemployed people as activity co-ordinators in communities. They receive code-specific and first-aid training and gain hands-on experience while conducting the programme in their communities. Their task is to get communities active and to use sport to address community problems. Part of the major driving force behind the success of the programme is the involvement of youth as volunteers.
The Department of Education and the SRSA will also implement a mass school sport participation programme, harnessing the excitement brought about by the 2010 World Cup.
The SRSA is investing R212 million for school and community sport over the period to 2010.
After 80 years of passion and emotions, the FIFA World Cup will arrive in 2010 on the African continent for the first time. Football and the world have received and continue to receive many good things from Africa, and it is time that the single most important sports event is staged there.
Joseph S Blatter - FIFA President Volunteers, who give their time, talent and skills free of charge to help make a wonderful event, are an important part of any FIFA World Cup. Volunteering is a way for people to participate in the biggest sporting event on Earth. It is also about developing skills and further entrenching a culture of volunteerism in South Africa.
Government and the Organising Committee are putting together one national volunteer programme. Although volunteers will do different things, the idea is that all volunteers will be treated the same and be part of one co-ordinated programme.
Volunteers will assist in many different ways. Some will focus on the football matches for the Confederations Cup in 2009 and 2010 Word Cup, as well as other official FIFA events such as the final draw. Volunteers from host cities will welcome visitors and help them find their way around. Volunteers will also assist in areas such as transport and tourism. Some will be general volunteers whose focus will be on making visitors feel welcome and giving excellent service. Some volunteers will be recruited because they have special skills, like being able to translate foreign languages or provide medical aid.
Volunteers will be given special training. The aim is that volunteers will be able to get a recognised qualification in volunteerism - with general volunteer skills as the basis and the possibility of specialisation in areas such as media, protocol, transport, hospitality, tourism, safety and security, health or communication. This is part of the AsgiSA focus on education and skills development.
Recruitment will begin in July 2008. To be selected to participate in the programme, candidates must be 18 years or older. Professional people, students, unemployed young people and retired citizens can all apply to be part of the programme. Volunteers will have to go through a recruitment process after which they will have to sign a volunteer contract and commit to a code of conduct. Volunteers will be recruited in South Africa, Africa and internationally.
In order for more people to share in the excitement of the World Cup, South Africa will have a number of fan parks in 2010.
Fan parks are areas where giant screens are set up to broadcast live transmissions of the games. It is a festival for fans - a second stadium where fans can gather, watch the games and enjoy the thrill of the event.
It means that the World Cup experience will be brought to the people, allowing them to get a taste of the big match action even if they are unable to get a ticket.
Visitors will also be treated to an African arts and culture programme, showcasing the energy and creativity of the continent. Government is chanelling funding to further develop community art centres to help the sector to take advantage of increased tourism leading up to and during the event.
One of the biggest impacts from hosting the 2010 FIFA World Cup will come from the phenomenal marketing and communication opportunity it offers to positively project South Africa and Africa to the world, to build pride, to enable African solidarity and to foster a climate that contributes to growth and development.
Communicators from across South Africa - in the many creative and communication disciplines, from the public and private sectors and civil society - have come together in the 2010 National Communication Partnership (NCP) to take advantage of this communication opportunity of a lifetime for the continent and country.
The 2010 NCP is creating linkages and partnerships among communicators across the continent and in the diaspora for a truly African world cup and to use the 2010 World Cup communication opportunity for the benefit of the continent.
Bloemfontein, East London, Kimberley. There are nine provinces.
Telecommunications World-class infrastructure. Internet access is widely available.
There are four mobile (cellular) networks.
Health Top-quality care is available throughout the country, although basic in rural areas. Inoculations are only required for those travelling from yellow-fever areas. Malaria precautions are necessary in some areas.
Tel: +27 012 314 2494/2173 Fax: +27 012 326 2077 E-mail: sa2010@gcis.gov.
Tel: +27 011 567 2010 Fax: +27 011 494 3161 Postal address: Private Bag X 2010, Mondeor, 2110, Gauteng, South Africa Street address: Safa House, 76 Nasrec Road, Nasrec Ext 3, 2190, Gauteng, South Africa www.sa2010.gov.
<fn>GOV-ZA.2010UkuthwalaEn.2012-02-10.en.txt</fn>
The 16 Days of Activism for No Violence Against Women and Children campaign provides an opportunity not only to reflect on the achievements that have been made to eradicate the exploitation, abuse and discrimination of women and children, but also to renew our commitment as a society to vigorously confront the social and cultural practices that continue to dictate the daily lives of vulnerable and marginalised women and girls, particularly in rustic communities. In accordance with government's commitment to protect the human rights of girls and young women, the Minister of Justice and Constitutional Development has formally mandated the South Africa Law Reform Commission to conduct an investigation into the cultural practice of ukuthwala. This practice sanctions the abduction of women for the purpose of marriage. There is invariably an element of coercion to compel the intended bride to acquiesce to the proposed marriage. And, in contemporary South African society, it affects disproportionately girls below the age of 18. This practice has been impugned because it sanctions "forced marriages" and "child marriages" with devastating physical, developmental, psychological and social consequences for the girl children.
In 2009, and following reports in the media about the prevalence of forced marriages and the "sale" of young girls between the ages of 11 and 15 years into marriages with grown men for the purpose of marriage under the pretext of ukuthwala, particularly in the Eastern Cape, the Commission was requested by the Gender Directorate in the Department of Justice and Constitutional Development to conduct an investigation into this area of customary law of marriage. To gather more information on the subject, the Commission hosted a roundtable discussion on this topic which was attended by a broad range of stakeholders from various institutions and organisations, including officials from national, provincial and local government, non-governmental organisations and representatives of professional bodies on 30 November 2009. The delegates cited poverty and traditional attitudes by which women are considered subordinate to men or as having stereotyped roles as some of the factors that have contributed to the resurgence of this practice. The delegates condemned the abduction of young girls and the violence that has come to characterise this practice as sheer criminality, a violation of the rights of women and girl children and as an abhorrent behaviour that need not be tolerated in South African society which subscribes to the rights and values contained in the Constitution.
The Commission has also conducted a cursory review of South African law to determine, among other things, whether it provides adequate protection to young girls and women threatened with or subjected to ukuthwala. Although South Africa has enacted laws such as the Recognition of Customary Marriages Act 120 of 1998 and the Children's Act 38 of 2005 which are aimed at ensuring that marriages, including customary marriages, are entered into only with the free and full consent of the intending spouses; that cultural practices affecting the welfare, dignity, normal growth and development of children are eliminated; and that harmful practices that negatively affect the rights of women are completely eradicated as required by numerous conventions acceded to by South Africa, the provisions of these laws have been rendered nugatory by the lack of the specificity. The Commission has tentatively found that the lack of a single piece of legislation dealing comprehensively with the problem of forced marriages and child marriages, setting out the responsibilities of "frontline officials" such as the police and health professionals and the obligations of members of society who come into contact with young women affected or threatened by this practice, exacerbates the problem. The choice of charging people involved in the planning and execution of ukuthwala with a hotchpotch of offences such as rape, being an accomplice to rape, abduction, kidnapping, assault, statutory rape, compelling a person 18 years or older to witness a sexual offence or sexual act, sexual exploitation of a child, or conspiring and inducing another to commit an offence, makes the work of the police and prosecuting authorities particularly challenging.
The Commission accepts the importance of customary law and practices for a very large section of the population. However, customary law must operate within the broad principles of the Constitution which guarantees the rights of children; the right to equality; human dignity; and security of the person which includes the right to be free from all forms of violence. The Commission will soon publish a discussion paper containing preliminary law reform proposals designed to eliminate the scourge of forced marriages and child marriages under the pretext of ukuthwala.
<fn>GOV-ZA.2010andcapetownEn.2012-02-10.en.txt</fn>
The 2010 FIFA World Cupâ is about more than just soccer. It is also an opportunity to improve the city's infrastructure. By harnessing the funds made available nationally for 2010-related facilities, including a new stadium, transport and other upgrades, the City expects post-2010 Cape Town to be a more desirable destination for leisure and business travellers, investors, and of course, its residents. This will be the lasting legacy of hosting the event.
Cape Town now boasts a new world-class, multi-purpose stadium; an upgraded urban park and sport precinct; upgraded airport, rail system, stations, new Integrated Rapid Transit system; upgraded roads and highways; eight new hotels and improved tourism infrastructure and services.
At least R12-billion in public sector investment has been spent in the city, with double that and more from the private sector.
The public transport plan is expected to be the biggest legacy benefit for Cape Town after 2010.
This will redress the balance between private and public transport, by ensuring that rail, rapid bus transport and a recapitalised taxi service move people about efficiently, and also reduce private car use - not only during the month-long tournament, but over the long-term.
There are also extra pedestrian walkways, cycle lanes and off-site parking.
The Airports Company of South Africa (Acsa) spent R1.6-billion on upgrading Cape Town International Airport to cope with not only with the anticipated visitors over the tournament, but with a steadily increasing amount of traffic through the airport.
<fn>GOV-ZA.2010annualreportEn.2012-02-10.en.txt</fn>
31 March 2010.
During the year under review, the Department has made some strides in ensuring that the priorities of government as articulated in the Medium-Term Strategic Framework (MTSF) 2009-2014 are achieved. The main focus was the rolling out of the Water for Growth and Development Framework (WfGDF) which was approved by Cabinet in 2008.
The WfGDF is a comprehensive response to the challenges facing the country in terms of long term water security while at the same time responding to the economic needs of the country. The Department undertook massive mobilisation and consultation of key stakeholders around, giving expression to the notion that water is central to all developmental initiatives. Successful mobilisation and consultation took place through the Provincial Water Summits that were led by the Minister. Through these provincial consultations, Provincial Action Plans were developed to facilitate that the WfGDF gets integrated into the respective Provincial Growth and Development Strategies PGDSs.
The Department has embarked on the process of conducting studies on "Reconciliation Strategies" in various parts of the country to be able to address future water demands in a way that does not compromise the social, economic and ecological needs of the country. The Department has, during the year under review, completed three reconciliation strategies (for the Crocodile West, Vaal and KwaZulu-Natal coastal areas), to secure continued water supply to those areas at an appropriate level of assurance for various users.
Monitoring of our resources is critical to ensure that we have reliable data in terms of water quality and availability. It also enhances our ability to plan and manage the resource. In this regard, a total of 900 guaging stations were monitored and maintained at acceptable levels to ensure that the information is available to support sustainable management of water resources.
During the year under review, we have also concentrated on ensuring availability of water resources for meeting reserve requirements and the needs of all water users on a sustainable basis.
As part of improving water allocation, 16% of water licenses were issued to historically disadvantaged individuals (HDIs) and a further 18% backlog of licenses was eradicated.
As a sector regulator, the Department has a role to ensure the provision of water services to the South African population. During the year under review, the Department provided support to 168 Water Services Development Plans (WSDPs) for various municipalities, as well as to seven provincial plans.
The Department conducted an assessment on the quality of drinking water under the Blue Drop programme, and a total of 23 out of 50 drinking water systems were awarded Blue Drop certificates. The Green Drop programme, which focuses on assessing the quality of Waste Water Treatment Works (WWTW), was also undertaken and resulted in 32 out of 60 WWTW being awarded certificates of compliance.
An achievement of 92% and 95% was recorded on the completion of the schemes under construction and the maintenance programmes, respectively, to ensure that the country's water resources infrastructure is adequate to equitably provide water to users. The operations of water resources infrastructure aimed at meeting the supply of bulk raw water supply achieved 95% level of assurance of supplier to different users.
The Department intends to undertake a Legislative review of the current water related legislation. The Water Services Act, 1997 (Act 108 of 1997) requires significant reviewing to ensure alignment with the provisions of the Municipal Systems Act, 2000 (Act 32 0f 2000) and the Municipal Finance Management Act, 2003 (Act 56 of 2003). While The National Water Act, 1998 (Act 36 of 1998) provides a legal framework for the progressive realisation of the right to access sufficient water, there is however a need to review the act to ensure that there is equity in the allocation of water; to improve water resources management; and to streamline the regulatory processes.
The Department is in the process of reviewing the National Water Resource Strategy (NWRS). Since the publication of the 1st Edition of NWRS was in 2005, five years have elapsed; and it is therefore required that the NWRS be reviewed. This review provides an opportunity to ensure that water is at the centre of planning and supports the broad national economic and social development goals through the Water for Growth and Development Framework WfGD) without compromising long-term sustainability of water resources.
The Department is developing a methodology and framework to establish an Economic Regulator. This methodology/framework for the effective economic regulation of the entire water value chain is intended to ensure the alignment of legislation and furthermore to develop an operational model in order to deal with current challenges resulting from the growing imbalance between supply and demand for water in South Africa.
A revision of the current water pricing strategy aims to improve the financial viability of government's bulk raw water business.  The current provision to cap annual water tariff increases and exclude categories of users from paying the "Return on Assets" related tariffs results in annual deficits.  Appropriate pricing of water is necessary to ensure that this scarce resource is valued by all citizens.
Department of Water Affairs plans to complete seven new bulk raw water augmentation projects to support sustained economic growth and meet the growing social water needs.  These projects will increase the asset value of government water works with an estimated R21, 8 billion.
A huge backlog has developed on the regional bulk water and sanitation infrastructure owned by municipalities, including water treatment and waste water treatment plants.  Surveys done jointly with local government estimate the backlog at R60 billion.  The Department has budgeted R5, 4 billion over the next four years to reduce this backlog and this excluded budget by local government.
The Dam Safety rehabilitation Programme which commenced in 2005 will be continued and planned rehabilitation works will be completed at 25 dams.  A similar programme has been started to rehabilitate water conveyance infrastructure. With these two programmes, the backlog is expected to be decreased by R 4 billion in the next four years using funds allocated from the fiscus and from revenue collected from the sale of water.
The Department acknowledges that there is backlog in finalising Water Use Authorisation Applications and further acknowledges the urgency to deal with and clear the backlog. The Department has embarked on the "Letsema" initiative which to date (end of the 09/10 Financial Year) has been rolled out to three of the regions/provinces. Applications which are 7 months and older are considered to be part of the backlog.
I wish to take this opportunity to express my sincere appreciation of the Minister and Deputy Minister - for their continued guidance and leadership; the Portfolio Committee; the NCOP on Water and Environmental Affairs - for its continued support to the Department; and the members of top management and management committees, including all officials who demonstrated full dedication and commitment in ensuring that the Department delivers on its mandate quite firmly and effectively.
30-01 Apr 2010 1.
"A dynamic, people-centred Department, leading the effective management of the nation's water resources, to meet the needs of current and future generations".
We are service and delivery oriented. We strive to get it right the first time, every time, on time - ensuring that our citizens are provided with water services they deserve.
We lead our sector and enable our partners with knowledge and capacity to ensure that all water services are delivered.
We are committed to innovation and use cutting-edge technology as a catalyst of positive change, connecting our people and enabling them to work anywhere, anytime.
We are a Department with a heart that values our investment in our people. We provide them with a caring and trusting environment that encourages personal development, and is a breeding ground for talent.
Water Services Act, 1997 (Act No.
The objective of the Act is to provide for the rights of access to basic water supply and basic sanitation by setting national standards and norms. Section 156, read in conjunction with Part B of Schedule 4 of the Constitution of the Republic of South Africa (Act No.108 of 1996) gives the Executive Authority the responsibility to support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions.
National Water Act, 1998 (Act No.
The objective of the Act is to ensure that South Africa's water resources are protected, used, developed, conserved, managed and controlled in a sustainable and equitable manner for the benefit of all persons. The Act provides that the National Government, as the public trustee of the nation's water resources and acting through the Minister of Water and Environmental Affairs, has the power to regulate the use, flow and control of all water in the Republic.
Water Research Act, 1971 (Act No.
To provide for the promotion of research in connection with water issues and, for that purpose, to establish the Water Research Commission and Water Research Fund, the Minister of Water and Environmental Affairs appoints members of the Commission and exercises executive oversight with regard to the Commission.
The institutions reporting to the Minister include: the Catchment Management Agencies (CMAs); the Trans-Caledon Tunnel Authority (TCTA); the Water Research Commission (WRC); and fourteen (14) Water Boards.
The Catchment Management Agencies (CMAs) are established in terms of Chapter 7 of the National Water Act, 1998 (Act No. 36 of 1998) and are classified as Schedule 3A public entities in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999) as amended. Their main responsibility is to manage water resources at catchment level in collaboration with local stakeholders, with a specific focus to involve local communities in the decision making processes, in terms of meeting basic human need, promoting equitable access to water and facilitating social and economic development.
The TCTA was established in terms of the National Water Act, 1998 (Act No.
(Act No. 1 of 1999) (PFMA), as amended. It is responsible for the development of bulk raw water infrastructure and also provides an integrated treasury management and financial advisory services to water boards. Some of the mega projects that the TCTA is responsible for are: the Lesotho Highlands Water Project (LHWP); the Berg Water Project (BWP); and the Vaal River Eastern Subsystem Augmentation Project (VRESAP). By virtue of the relevant notice of establishment, the Department has delegated its project execution role and the National Treasury has delegated its borrowing powers to the TCTA.
The WRC was established in terms of the Water Research Act, 1971 (Act No. 34 of 1971) and is classified as a Schedule 3A public entity in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999), as amended. Its mandate includes the promotion of co-ordination, co-operation and communication in the area of water research and development, funding water research according to priorities, promoting effective transfer of information and knowledge, and ensuring capacity building in the water sector.
Water boards are established in terms of the Water Services Act, 1997 (Act No. 108 of 1997) as organs of State. The primary activity of water boards is to provide water services to other water services institutions within their respective service areas. They may perform other activities under conditions set out in section 30 of the Water Services Act, 1997 (Act No. 108 of 1997). The water boards are regulated by the Minister in terms of both the Water Services Act, 1997 (Act No. 108 of 1997) and the PFMA, 1999. Water boards submit, on an annual basis, shareholder's compacts (business plans) and policy statements to the Minister a month before the beginning of the new financial year. In as far as business plans are concerned, the Minister may direct water boards to change these in order to meet all the requirements of the Water Services Act, 1997 (Act No. 108 of 1997).
In terms of the National Water Act, 1998 (Act No. 36 of 1998) existing irrigation boards are expected to transform into WUAs that will be inclusive of all affected stakeholders in their areas of operation. The membership of the irrigation boards previously consisted of commercial farmers and was based on water allocation which was connected to title deeds on land, with the previously disadvantaged groups not having access. The current arrangement requires that the previously marginalised sectors should be represented in the WUAs, including domestic water users receiving water through the WUAs' infrastructure, local government institutions, historically disadvantaged farmers, aspiring farmers and environmental concerns.
These are smallholder irrigation schemes that existed in the former homeland areas where raw water supply and agricultural activities were managed by government or state-owned development organisations. Smallholder farmers farm mostly on communal land, which belongs to the State. Land allocation is administered by the tribal authority through the issuing of Permission to Occupy (PTO) certificates, which is in modern terms not regarded as valid security for production loans at financial institutions, since there is no basis upon which banks can repossess and sell land to recover losses on bad debt.
The WUAs are co-operative associations of water users established in terms of the National Water Act, 1998 (Act No. 36 of 1998) to undertake water-related activities for the mutual benefit of all its members and also manage local water infrastructure, for example irrigation water supply schemes. WUAs play an important role towards the implementation of poverty alleviation and food security programmes. There are thirteen WUAs, namely Tulbagh; Kabous River; Northern Sandveld; Krom Antonies; Wolsel; Onrus; Duivenhoks; Kweekvallei; Oukloof; Sekhukhune; Tubatse; Ilanga; and Tshiping.
The aim of the Department of Water Affairs is to ensure the availability and supply of water at national level, facilitate equitable and sustainable social and economic development, and ensure universal and efficient supply of water services at local level.
During the year under review, the Department sought to pursue the strategic goals and objectives listed in Table 5. As far as possible, these objectives were aligned to the legislative mandate referred to in paragraph 1.4 above and the Medium Term Strategic Framework.
The purpose is to provide leadership in policy development and advice and core support services through effective implementation of various systems and processes relating to financial management, human resources, communications, legal services, information management, as well as organisational performance management. It comprises various key sub-programmes, namely Corporate Services, Financial Management, Chief Operations Officer, Ministry (offices of Minister and Deputy Minister), and these are further broken down into sub-programmes mentioned below.
Human resources provide human resource services and solutions which are targeted at adding value and improving business performance through people.
Communication services is responsible for the promotion of th effective profiling of the Department, public awareness, education and communicating the work of the Department to the public and stakeholders.
Legal services is responsible for the provision of effective legal support to maximise the Department's pursuance of its mandate.
Gender and disability is responsible for ensuring that Departmental programmes and strategies are aligned to the national gender policy.
Administration is responsible for the provision of a safe and secure physical environment and appropriate logistical support.
Information services provide ICT support and solutions and oversee the management of IT operations.
Supply chain and asset management is responsible for the effective management of the supply chain management system and assets as required by the Public Finance Management Act,1999 (Act No.1 of 1999) (PFMA) as amended. It also develops and implements policies and procedural guidelines in relation to procurement and asset management.
Revenue and debtors management is responsible for the management of the revenue generated through the Water Trading Entity, billing management, debt management, billing and collection of the Water Research Levy on behalf of the Water Research Commission.
Financial accounting and reporting is responsible for ensuring efficient management of daily financial operations, which include the classification, recording and reporting on financial accounting activities in accordance with Generally Recognised Accounting Practices (GRAP).
Management accounting is responsible for financial planning, implementing costing models to enhance overall financial performance and budget compilation.
Budget and planning is responsible for linking annual budgets to government priorities, provide guidance on budgeting processes, as well as the monitoring of expenditure against budget.
Financial management is responsible for ensuring improvement with regards to financial management processes and systems.
Office of the Director-General (DG) is responsible for providing administrative support to the DG and secretariat services to the Department.
Executive support is responsible for rendering administrative support services to the DG and the Minister, which entails the handling of correspondence between the Minister and the DG as well as the handling of priority enquiries and correspondence.
Policy coordination and stakeholder management is responsible for coordinating the Department's strategic liaison with Parliament and Cabinet, Cluster Committees, departmental entities and stakeholders.
Corporate planning is responsible for coordinating and facilitating the development of strategic and business plans as well as monitoring the implementation thereof through recording quarterly progress and annual reports.
External transformation is responsible for providing strategic direction, support and advice on the transformation policy, strategy development and for facilitating and monitoring the implementation of the transformation roadmap of the Department.
Internal audit is responsible for providing an independent, objective assurance and advisory services designed to add value and improve the Department's operations. Internal audit supports the Department to accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes.
Risk management is responsible for the formulation, facilitation and coordination of risk management activities, ensuring that best practice is adopted and business continuity plans are put in place to mitigate the identified risks.
The 2010 FIFA World Cup Project Unit is responsible for the coordination of all activities directed at supporting host cities to provide safe drinking water for the 2009 Confederations Cup and 2010 FIFA World Cup events and also mobilise national teams' participation in the Green Goal Campaign through tree planting at various locations throughout the country as well as represent the Department in all 2010 FIFA World Cup Forums, e.g. the 2010 Inter-Ministerial Committee (IMC); the Technical Coordinating Committee (TMC); and the Host Cities Forum.
Implementation of six empowerment initiatives aimed at promoting, inter alia gender mainstreaming and women empowerment.
Improvement in the signing of performance agreements and completion of performance assessment, particularly at senior management level.
Implementation of the workplace skills plan which resulted in the provision of various training interventions with regard to employees and also prospective employees who were provided with bursaries to pursue studies in the technical fields to address the skills shortage in the Department.
A manual system for managing the performance of the Department was developed in the form of policy and procedure manuals. Although these are considered as interim measures while an automated monitoring and evaluation system is being developed and expected to be finalised towards the end of the 2010/11 financial year, it is expected that the Department will improve on the development of performance measures and indicators and set realistic targets within which proper monitoring and evaluation of what has been achieved against the set targets can take place. This issue was previously raised in the Auditor-General's report as an emphasis of a matter which required serious attention.
A system aimed at improving the interaction between the Department and the statutory committees was developed and implemented. Although it is manually based, the Department is able to track down all questions received from various Parliamentary committees and also improve on turnaround times with regard to responses.
In order to ensure effective and efficient management of the Department, various governance structures were established and approved by the Minister to ensure that decisions are taken and implemented accordingly. This includes clarifying the distinct roles and responsibilities for each of these structures.
Key senior management posts were filled within the finance, corporate services and chief operations office branches to enhance the capacity to deliver services as required by the Department's legislative mandate.
2010 FIFA World Cup technical coordinating committees to ensure the successful hosting of the event and continuous dissemination of information relating to the status of the quality of drinking water in each of the host cities.
About 90% of the milestones contained in the financial improvement plan was implemented to ensure that issues raised by the Auditor-General in the 2008/09 audit report do not recur.
Various policies relating to asset management were implemented throughout the Department. The Departmental Asset Register is continually maintained by conducting monthly reconciliations; as a result the Asset Register is reconciled and reliable.
There has been a tremendous improvement in the billing system. About 80% accuracy in the billing system was achieved which will ultimately result in an increase in the collection of revenue from water users. Inability to reduce the number of days for the collection of debts remains an ongoing challenge but an effort will be made to improve on this in the new financial year.
In the past the Department could not pay invoices within the prescribed 30 days. The Department has placed more effort in ensuring that invoices are paid within 30 days, as stipulated by the PFMA.
The Department has embarked on a project to develop a contract management system in an effort to improve the monitoring of contracts. The contract management system will be rolled-out during the 2010/11 financial year. This system will enable management to identify at any stage of the year, the current contracts, the date of commencement, the date of expected completion, the initial value of each contract, variation orders approved (date and value), the amount already paid in respect of each contract since the date of commencement, the remaining period and the amount still available.
In order to facilitate an advanced understanding of the Department's business processes, the Department has, during the year under review, decided to invite the audit team to attend sessions addressed by each chief directorate and facilitated by Finance, before the commencement of the audit process. During these sessions the business processes of each chief directorate were explained to the audit team and questions for clarification responded to. This exercise was a huge success as the audit queries and questions raised during the audit process were of a high standard which should help the auditing process.
The functions in respect of Forestry and Sanitation were transferred to the Minister of Agriculture, Forestry and Fisheries and the Minister of Human Settlements respectively. According to the determination letters that were signed by the Minister of Public Service and Administration, the Sanitation function was transferred to the Department of Human Settlements with effect from 1 December 2009 and the Forestry function to the Department of Agriculture, Forestry and Fisheries with effect from 23 March 2010.
The Strategy on the Management of HIV/AIDS in the Workplace has not been finalised but various initiatives were implemented as part of supporting the national strategy on HIV/AIDS. This will receive serious attention in the next financial year to ensure that the Department clearly demonstrates its commitment to fight the pandemic.
There was inadequate funding for the implementation of various information technology initiatives aimed at enhancing the Department's capacity to deliver. As a remedy to this challenge, priority will be given to the funding of the master systems plan in the new financial year.
The automated monitoring and evaluation system which was scheduled to be developed during the reporting period, is still outstanding. The development of this system will intensify in the new financial year and is expected to be completed in March 2011.
A climate survey to measure the perceptions of the public towards understanding the value of water could not be conducted due to inadequate funding. Alternative means of gathering data will be implemented in the new financial year to get feedback from the public.
The slow recruitment process and difficulty in getting suitable candidates to fill critical positions has negatively impacted on the reduction of the vacancy rate which was targeted at 10%. This will be improved through the review of the recruitment process as well as the cleaning of PERSAL information to ensure the accuracy of post establishment information.
The Department has not been able to achieve the 1% target of employing people with disabilities because of not getting suitable candidates for vacant positions The Department will continuously interact with organisations representing people with disabilities to ensure that candidates with the necessary skills can be identified to fill vacant positions.
The purpose of the programme is to ensure that the country's water resources are used, developed, conserved and managed in a sustainable and equitable manner for the benefit of all people. It comprises two main sub-programmes, namely National Water Resources Infrastructure (NWRI) and Water Management, and two of the six branches of the Department, the brach: Policy and Regulation.
Equitable supply is responsible for covering policy, planning and regulatory functions required to ensure reliable and equitable supply of water for sustainable economic and social development, including the eradication of poverty. This includes assessing available water in particular areas and developing strategies to enable supply to meet demand.
Sustainable supply is responsible for the provision of reliable and equitable supply of bulk water, water conservation and demand management, as well as the Working for Water (WfW) and Working on Fire (WoF) programmes for sustainable economic and social development, including the eradication of poverty.
Protection policies covers policy, planning and regulatory functions required to ensure the protection of water resources, such as developing a system for classifying water resources as required by the National Water Act,1998 (Act No. 36 of 1998).
Protection measures initiates and supports the implementation of measures to protect water resources, such as pollution protection measures or ensuring sufficient water for the aquatic ecosystem to function properly.
Institutional regulation provides policy and strategy support for developing and establishing effective water management institutions (CMAs and WUAs), and includes revenue collection from water use charges.
Institutional development ensures that effective water management institutions are developed in the regions.
Strategic alignment ensures that internal policies and strategies of the Department are consistent and aligned with relevant external policies and legislation. It develops and maintains monitoring and information systems, and promotes capacity building among water resource management practitioners and stakeholders.
Stakeholder empowerment is responsible for developing empowered, skilled and representative staff and capacitates stakeholders and the general public to achieve integrated water resource management.
African cooperation is responsible for promoting integrated water resource management globally, and particularly in Africa in support of the New Partnership for Africa's Development (NEPAD).
Water resource administration provides management and administrative support services to the programme in the national office.
Water resource support provides support services to the programme in the regions, namely human resources, financial management and general administration.
Operations of water resources provides for the augmentation of the Water Trading Entity to ensure the effective management of water resources and the sustainable operation and management of bulk water infrastructure.
structure, as well as the rehabilitation of existing infrastructure to ensure safety and functionality of departmental dams and related infrastructure.
The Vaal River Eastern Sub-system Augmentation Project was declared operational in June 2009. After a capital investment of R2.5 billion, water can now be conveyed through a large pipeline from the Vaal Dam to a distribution point near Secunda to ensure the provision of additional water to Eskom and Sasol at the high level of assurance of supply required for strategic industries.
Completion of 38% of the Olifants River Water Resources Development Project (ORWRDP): this relates to the construction of the new 20 kilometre road (R555) which was relocated around the De Hoop Dam basin and opened for traffic in June 2009. Furthermore, a Project Charter was established to set socio-economic targets that would promote the optimisation of benefits for the local citizens of the Sekhukhune District and this Resulted in providing job opportunities to 1200 local workers.
The Department commenced with planning and design work for the implementation of four major water augmentation projecta listed in Table 4, for which construction will only take place in the new financial year.
Implementation of the Dam Safety Rehabilitation Programme which resulted in the rehabilitation of eighteen dams to ensure sustainability of water supply, limiting water losses and increasing the spillway capacity to ensure the protection of the dams as part of disaster management. As a result, R324 million was spent and 4 169 decent jobs were created during the year under review.
Since 2007 to date, the Department has rehabilitated 24 river canals that supply the Voëlvlei Dam with water and this work is scheduled to be completed by 2011.
A total of seven provincial water summits were held as part of the consolidation of the Water for Growth and Development Framework, with specific focus on sectors such as agriculture and rural development, domestic as well as economic development.
Under this programme, the Department identified the need for the desalination and recycling programme in coastal towns such as Bitou, Knysna, George as well as Mossel Bay. These towns are now expected to introduce purification processes that can utilise sea water as a source for their potable water supplies.
The Department implemented the Blue Drop Certification Programme which resulted in the issuing of twenty three (23) Blue Drop certificates to the systems in various municipalities. The 2010 FIFA World Cup host cities' Blue Drop Certification Report on Drinking Water Quality released in March 2010 rated all our host cities as excellent.
The Green Drop Report was finalised with thirty two (32) waste water treatment works (WWTW) attaining Green Drop status as part of the incentivised regulatory approach.
The Department managed to reach an agreement with the Minister of Justice and Constitutional Development to dedicate four courts for environmental and water related cases in the areas of the Johannesburg South Regional Court; the Durban Regional Court; the Nelspruit Regional Court; and the Hermanus District Court.
The Department assessed all integrated development plans (IDPs) of municipalities to ensure that water resources and water services issues are fully catered for and given the necessary priority. Furthermore, continuous technical support was provided to municipalities with regards to planning and the development of water services development plans (WSDPs).
Support to 360 poorly resourced farmers, ranging from bulk water distribution infrastructure for irrigation to subsidising operation and maintenance payments billed by water users associations, were provided. Furthermore, about 2 544 water tanks were provided to 500 households as part of the contribution to both the Comprehensive Rural Development Programme and War on Poverty Campaign.
The programme continued to experience a shortage of dedicated technical personnel such as climate change specialists, water plant superintendents, artisans, technicians and engineers. In order to overcome this challenge, various interventions will be put in place such as the implementation of the Occupation Specific Dispensation (OSD) aimed at recruiting and retaining scarce skills, and the implementation of the graduate development programme wherein prospective employees are provided with financial assistance in the form of bursaries to pursue their studies in technical fields relating to the Department's functions, thereafter placing them in relevant positions.
The drought situation in the Southern Cape and the Algoa System was a serious challenge during the reporting period. The Department will ensure that such situations are carefully managed. Timely interventions will be implemented to ensure that there is adequate water supply.
Poor water quality negatively affected irrigation farmers. A two-year cleaning programme for canals will be developed and implemented as part of water resource protection.
The Department has not been able to convert any of the planned three dams from single to multi-purpose use due to the delay in the finalisation of the strategy for the conversion. The draft strategy will be finalised in the next financial year (2010/11).
The Climate Change Response Strategy has been delayed due to a shortage of personnel. A directorate focusing on climate change issues has been created and the rest of the required personnel will be appointed in the next financial year.
Strategy, 2004 will only be finalised in the next financial year (2010/11). However, an inception report was completed.
The target of 205 set for the issuing of water licences to HDIs was not achieved due to capacity constraints. However, a project team that is fully resourced has been established to ensure that all backlogs relating to the water licence applications are eradicated during the next financial year.
The final Compliance Management Strategy will only be approved in the next financial year, but an extensive consultation process was undertaken.
Only 25% of the 40% target of cases relating to compliance and enforcements identified were addressed. The reason for underachievement relates to the shortage of suitable personnel. The Department has established a directorate focusing mainly on this function to ensure that the compliance, monitoring and enforcement programme is implemented effectively.
Only 23 out of 50 water systems achieved Blue Drop certificates as this was the first report produced. Indications are that more systems will be assessed in the 2010 Blue Drop certification process as the participation of more municipalities during assessments was encouraging. The Department will enhance its efforts through continued engagement with respective water services authorities and providers to improve the efficacy of monitoring programmes. Also the South African National Accreditation Service (SANAS) as well as the National Laboratory Association (NLA) will be engaged to improve the credibility of laboratory results.
Only 449 out of 850 Waste Water Treatment Works (WWTWs) were assessed. Only 32 WWTWs out of 60 achieved Green Drop certificates due to shortages in appropriately skilled staff, the capacity of the plants as well as lack of funding for operation and maintenance of waste water treatment infrastructure. An action plan to address identified challenges and resource plans will be developed in conjunction with the relevant authorities. Also, the Department will support the Department of Cooperative Governance and Traditional Affairs (CoGTA) in the implementation of its turnaround strategy.
A lack of technical capacity to deal with reserve determinations was a challenge during the reporting period. However, suitable personnel at director level were appointed in the last quarter of the financial year (2009/10).
The delay in the finalisation of the institutional re-alignment project contributed largely to the slow process of establishing new CMAs and WUAs. The project will be adequately funded and carried out in the new financial year.
Poor commitment from countries that the DWA has identified to have relations with has resulted in delays to finalising agreements. This will be improved in the new financial year.
Inability to implement some signed agreements because of insufficient funding will be rectified through the mobilisation of funds in the new financial year.
The purpose of this programme is to ensure that all people in South Africa have access to adequate, sustainable, viable, safe, appropriate and affordable water services and use water wisely.
Policies ensure the basic supply of water and sanitation services for improved quality of life and poverty alleviation.
Water and sanitation services support the development of infrastructure for basic water supply and sanitation services at the regional level to improve quality of life and alleviate poverty.
Water sector policies provide a framework for the effective and sustainable delivery of water services to underpin economic and social development.
The Africa initiative promotes the programme's activities to achieve the United Nations Millennium Development Goals and the World Summit on Sustainable Development targets in Africa, and supports the New Partnership for Africa's Development (NEPAD). African participation promotes and supports policies to achieve the United Nations Millennium Development Goals in Africa.
Water services administration provides support services at the national level, including human resources, financial management and general administration.
Water services support provides support services at the regional level, including human resources, financial management and general administration.
Operations of water services ensures the reliable and sustainable supply of water for basic use and economic development. While this function is still with the Department, it is a temporary arrangement and will be phased out as the transfer programme is completed.
Water sector support supports the delivery of sustainable water services at the regional level to underpin economic and social development.
Institutional policies supports effective water services institutions.
Institutional support provides support at the regional and local level to ensure effective water services institutions.
Transfer policies guides the transfer of operations and maintenance functions and water services schemes for effective local operations and management.
Transfer of functions implements the transfer of water services schemes for water services institutions to ensure effective local level operation and management.
The target for 2009/10 was to serve 1.5 million people with basic water supply. During the year under review, basic water supply was provided by local government to 1.07 million people. Out of a population of 49.9 million people (based on a 2001 Census figure updated to the end of March 2010) there are currently 1.65 million people with no access to a basic level of water supply and a further 1.98 million people that have access to a water supply that does not meet the basic services standard. Since 1994 access to water supply infrastructure in the sector has improved from 59% to 97% (improved supply) of the population. This percentage includes all people that benefit from access to infrastructure, including those that receive services below basic supply levels.
"Access to water supply infrastructure" includes people served to higher than basic RDP levels of service as well as those with "access to basic services but below RDP service levels". The figures only reflect infrastructure provided and do not reflect quality of ongoing service provision. Water supply backlog figures are based on the 2001 Census and updated using information obtained on projects that have been implemented across the sector. Population figures are based on Statistics South Africa (STATS SA) mid-year estimates and have been adjusted to reflect annual population growth. The information on how many people were served is based on input from the Department of Water Affairs (DWA) and the Department of Cooperative Governance and Traditional Affairs (CoGTA) which excludes the delivery through municipalities' own funding or any other resources. Should this be considered, the delivery figures may increase.
The target set by local government for the 2009/10 financial year was to serve 300 000 households with basic sanitation. During the year under review, 1.6 million people (377 000 households) received access to basic sanitation services. (Please refer to the notes below Table 8). In 1994 only 49% of the population had access to basic sanitation. By 2009/10 this had increased to 79%, which reflects 3% growth from the previous reporting period.
The figures only reflect infrastructure provided and do not reflect quality of ongoing service provision. Sanitation supply backlog figures are based on the 2001 Census and updated using information obtained on projects that have been implemented across the sector. Population figures are based on STATS SA mid-year estimates and have been adjusted to reflect annual population growth. The "People served April 2009 - March 2010" information provided in Table 8 is based on input from DWA and CoGTA and excludes delivery through municipalities' own funding or any other resources.
It should be noted that although the sanitation function was moved to the Department of Human Settlements (DHS) after the April 2009 elections, DWA remains the sector leader for sanitation.
The bucket eradication programme was established in February 2005 and December 2007 was set as the national target for the eradication of the bucket system in established settlements that existed prior to 1994. At that stage, the bucket backlog was 252 254.
By September 2009, 244 258 buckets had been removed since the inception of the programme. During the year under review, 1 048 buckets were removed, leaving a backlog of 7 996 buckets in the Free State, Eastern Cape and Northern Cape Provinces.
It must be noted that the national target has not been met due to delays caused by the excavation of hard rock, slow performance of contractors and the fact that some projects had to wait for the completion of sewer networks and pump stations before the buckets could be removed.
Currently, 86.1% of South African households have access to Free Basic Water (FBW). This represents a 0.5% increase from the previous reporting period. A total of 97.6% of Water Services Authorities (WSAs) are implementing the FBW services programme. Presently, 86.55% of poor households are benefiting from this service. "Poor households" refer to households earning less than R800 per month, except for the combined income of people who receive social grants. Of the 5.84 million poor households in South Africa, 5.05 million continue to receive FBW.
The schools and clinics programme started during the 2007/08 financial year and the target for completion was set as the end of 2009/10. By March 2010, the clinics target was met and handed over to the Department of Health.
The schools water and sanitation programme target is to serve 1 061 schools with water and 1 113 schools with sanitation by the end of the programme. During the year under review, 641 schools were served with sanitation and 672 with water supply.
However, the backlog of schools that have never been served with water services would not have been eradicated as 1 727 would still not have water and 706 would still be without sanitation services. Additional funding is needed to eradicate this backlog.
The Department commenced with the Blue Drop Certification Programme (an incentive-based drinking water quality regulation approach) in 2008. The second Blue Drop Report was released at the end of the financial year and depicted a major improvement in the sector. A separate report was released during Water Week on the status of drinking water quality management in the 2010 FIFA host cities. This report indicated excellent compliance with all Blue Drop criteria.
During the year under review, DWA continued to provide municipalities with the electronic water quality management system (eWQMS) but also intensified the prominence of its regulatory systems (termed the Blue Drop System). This system allows the Department to engage with the general public on the quality of tap water through access to a search-engine based web-page called "My Water". The Blue Drop System (and My Water) had a record 121 000 visitors in February 2010. With the inception of the "My Water" concept in June 2009, the system had about 9 000 visits.
The Department improved its own regulatory ability regarding drinking water quality by strengthening ties with the Drinking Water Inspectorate in the United Kingdom (UK). Eight DWA officials were exposed to the regulatory approaches in England and Wales. This visit preceded the second round of local Blue Drop assessments that were strengthened by the assistance of a seasoned UK-based drinking water inspector.
DWA's direct involvement in the World Health Organisation (WHO) Regulation Network for drinking water quality regulators ensured that the locally developed Blue Drop Certification Programme was ratified internationally.
The World Health Organisation (WHO) introduced a Water Safety Plan concept which forms the basis for international drinking water quality management. Through the Blue Drop process, the number of Water Safety Plans implemented in South Africa increased from 9 to 154 during 2009. This is a major improvement in ensuring that the catchment-to-consumer drinking water quality management principle is entrenched in South Africa.
The national average of drinking water quality compliance improved from 93.3% to 97.5% (as per the Blue Drop 2010 Report) based upon the microbiological compliance with SANS 241 of all samples analysed over the period of 2009. While this is most encouraging, the Department identified the need to improve monitoring programmes of some smaller municipalities.
The Green Drop Certification Programme was initiated as a twin project to the Blue Drop Certification Programme, focusing on waste water services management. The Green Drop approach was discussed in detail on two occasions with the Environment Agency in the UK and was well received.
The Green Drop Report was completed for 53% of conventional municipal waste water systems and was augmented by a national risk-based assessment that covered all municipalities and informed targets for the improvement of waste water services management in general. The risk-based targeted approach provided for a uniform waste water management performance measurement system. A risk profile was forwarded to each municipality which informed their integrated development planning (IDP) process towards turnaround and improvement. This process was also used to initiate a risk abatement project in the Berg River catchment in the Western Cape; two British Water specialists assisted with the formulation of site specific waste water risk abatement plans. The Development Bank of Southern Africa (DBSA) joined the Department to ensure the deployment of engineers to struggling municipalities.
The report revealed many gaps that require improvement as about 55% of waste water systems scored below 50% in compliance. However, pockets of excellence exist in six municipalities over a spectrum of metro and smaller municipalities.
The local government self-assessment survey reflects water services authority views on drinking water quality and service quality. In terms of the survey, 54% of WSAs achieved acceptable service quality. This is similar to the previous reporting period. (Service quality indicators include "the existence of a customer service system, appropriate levels of staffing, equipment, resources, funding and most importantly the ability to respond to customer call-outs within 24 hours"). The self-assessment indicated that lowest compliance to adequate service quality standards occurred in the Eastern Cape and North West Provinces respectively. No significant improvement in compliance was evident provincially.
The 2009/2010 municipal tariffs reflect the outcome of a survey among all local municipalities which obtained tariff information from 236 out of a total of 237 local municipalities. All tariffs quoted are VAT inclusive and the information includes the actual volume blocks used by municipalities. Also captured are the raw water and bulk water tariffs which influence the determination of the municipal retail tariffs.
The national average domestic water tariff for 2009/10 (including VAT) is R5.82 for the 6 kilolitre to 20 kilolitre (kl) block, R7.24 for 20 kilolitre to 60 kilolitre and R8.80 for usage above 60 kilolitre.
The highest domestic water tariffs are in Gauteng, KwaZulu-Natal and the Western Cape. The higher tariffs in Gauteng and Western Cape are generally associated with the high cost of water supply over vast distances (via inter-basin transfer schemes). The Western Cape, and to some extent also Gauteng and KwaZulu-Natal, have a steep rise in their block tariffs, indicating a demand management approach. The lower tariffs are associated with areas that have a high level of poverty and low levels of affordability, notably the Eastern Cape, Limpopo, Mpumalanga, North-West and Northern Cape Provinces.
In comparison to the 2008/09 financial year, municipal domestic water tariffs, the national average tariffs for 2009/2010 increased by 13.6% for the 6 to 20 kl block, 13.1% for the 20 to 60 kl block and 16.9% for the >60 kl block. The national increases are above the corresponding Consumers Price Index (CPI) of 9.5% year-on-year to March 2009.
Eastern Cape municipalities on average showed the highest tariff increases with high end users being penalised the most. The sharp increases are mainly due to the ongoing drought in the region, but also due to a low base thus bringing the tariffs in line with other provinces.
Free State municipalities are the second highest. Considering that this province had the lowest tariff increases in the previous year (negative corrections) it is in line with the national average increase over two years. The province is still reflecting some of the highest tariffs in the country, partly due to water distribution costs, but mostly due to high levels of non-revenue water losses.
Western Cape also increased water tariffs above the inflation rate, primarily due to a below average increase in the previous year. It could also reflect on drought conditions in parts of the province and the capital repayment for the Berg River Water Scheme (BRWS) which was completed in 2008.
Gauteng, KwaZulu-Natal, Limpopo and North West municipalities reflect the inflation rate for this reporting period and show below average increases in this financial year, following above average increases in the previous financial years.
Mpumalanga and Northern Cape had tariff increases below the inflation rate. However, both provinces had above average increases in the previous year and thus remain in line with the inflation rate over the two years.
Overall, most provinces show higher percentage increases in the upper blocks thereby introducing demand management measures.
About 57% of municipalities increased tariffs within the CPI range, while about 23% of municipalities increased tariffs below the CPI and a further 20% increased tarrifs at levels above the CPI range. Comparing the different tariff blocks, percentage increases were higher for the high-volume blocks, which indicates increased demand management and utilisation of income from the high volume users to cross-subsidise the lower volume users. A comparison of urban and rural municipalities shows that tariffs in rural municipalities are about 10% below the equivalent tariffs in urban areas.
The average commercial tariffs are R7.02 for 6-20 kilolitre, R7.83 for 20-60 kilolitre and R8.56 for volumes above 60 kilolitre per month. The respective increases in these tariff blocks were, 12%, 16% and 17%, which is in line with the increases of the domestic water use tariffs and about 20% to 70% higher than the CPI for the same reporting period. The commercial and industrial tariffs are higher than the domestic tariffs in the lower blocks and in line on the higher use blocks thus indicating cross-subsidisation to the domestic water use sector. This is to be expected as many of the new domestic water services are for the low income and indigent customers.
Gauteng, KwaZulu-Natal and Western Cape have the highest tariffs, while Limpopo, Mpumalanga, Northern Cape and North West are on the lower end. Eastern Cape had the highest annual increases of 37% in the lower blocks up to 57% in the higher blocks, reflecting on the drought in the region and the demand management intervention. Limpopo, Free State and Gauteng are second highest with increases of 17% to 34% from lower to higher blocks. The other provinces had increases within the Consumer Price Index (CPI).
Based on the municipal budgets for May 2009, the total operating expenditure for the water services sector is estimated at R21.4 billion with R17.2 billion for water supply and R4.2 billion for sanitation. Municipal budgets target a total income of more than R24 billion of which R19.5 billion is to be gathered from water supply and R4.6 billion from sanitation services. If achieved, water services will generate a net surplus of about R4.1 billion which will be used to cross-subsidise other services or, if approved, could be used for re-capitalisation of water services assets. About 55% of the operating expenditure (R12 billion) is used by the six metros and of the remainder, roughly R7 billion is used by local municipalities and about R2 billion by district municipalities.
As the custodian of water resources, the leader and regulator of the water services sector, DWA has to act as an intermediary to facilitate integrated planning and implementation of large multi-institutional regional bulk infrastructure projects through the involvement of all stakeholders. Hence the initial allocation of R1.4 billion to the Department (over three years) of which R617 million was earmarked for the 2009/10 financial year.
The focus of the Water Services Regional Bulk Infrastructure fund is on regional and local bulk water supply and sanitation services. This includes "enabling infrastructure" required to connect water resources over vast distances with bulk and reticulation systems.
Eleven projects have been completed since the inception of the Regional Bulk Infrastructure Grant in 2007/08. In March 2010, 16 projects were at design and tender stage, 48 at feasibility and implementation readiness phase and 38 in the construction phase. Six projects were completed in the 2009/10 financial year.
During the year under review, several enhancements were made to the Water Services National Information System (WSNIS), a comprehensive Water Quality Regulation System (Blue Drop System) was used, a Waste Water Quality System (Green Drop System) was developed and will be applied soon, a new Water Services Development Planning System was developed, and a Regulatory Performance Monitoring System was implemented in municipalities.
Planning initiatives continued to focus on municipal support activities. This included the development of a new Water Services Development Plan Guideline and several municipal planning products such as the Backlog Eradication Strategies, Municipal Master Plans, future Regional Bulk Infrastructure requirements, and Water Treatment Works perspectives for different provinces.
The not-so good relationship between WSAs and Water Services Providers (WSPs) (i.e. water boards and other municipalities that provide bulk and retail water services to WSAs) often prohibits effective and sustainable delivery of water services. While debts were a challenge in the past, disputes within partnerships that are based on undated contracts are currently a problem.
Legislation requires formal contracts and DWA provided sector support in this regard to ensure continuous and uninterrupted services to residents. As such, 16 water services contracts between WSAs and WSPs have been developed. A few have been signed and the rest are in the process of being signed. In addition, a draft guideline towards the development of effective retail water and sanitation tariffs by WSAs has been developed.
In response to the strained relationships between some WSAs and their consumers, the Department has supported municipalities to develop Consumer Management Plans (CMPs) to ensure that they meet the needs and interests of their consumers. DWA also developed tools and guidelines to capacitate and empower the Water Sector Institutions in understanding the water business. The tools and guidelines were rolled out in the North-West, Free State, Limpopo, Mpumalanga, Gauteng, Western Cape and Northern Cape Province. The tools and guidelines were also presented at various conferences, sector forums and ministerial indaba's.
Furthermore, political interference has been identified as one of the key causes of poor service delivery, especially lack of proper decision-making. In this regard, the Department developed a Councillor Development Programme (CDP), targeting all councillors within the water portfolio. The purpose of the programme is to empower councillors to actively participate in water and sanitation business processes and make informed decisions affecting water services business within the municipalities and communities they serve. In 2009/10, the Department held CDP workshops in the Free State, Northern Cape (five districts), and Eastern Cape.
Support to local government entails the provision of technical advice and hands-on support to municipalities to undertake their roles as WSAs and to comply to set norms and standards on water service delivery projects. The aim of support is to ensure that municipalities have the capacity to manage their own affairs, to exercise their powers and to perform their functions by means of legislative and other measures.
Support to all municipalities during the 2009/10 financial year was focused on ensuring understanding of the requirements of the Regulations Performance Measurement System (RPMS), Blue Drop and Green Drop Certification processes, analysing the Water Services Development Plans as part of the IDP process, systems support to ensure regular monitoring and reporting on drinking water quality and extending the system to include effluent quality reporting and the development of a risk ratio matrix which identifies and prioritises WWTW according to four (4) key risk areas. In addition, the Department gave comprehensive inputs to COGTA's Local Government Turn-around Strategy (LGTS) and extensive support was provided to municipalities to develop Municipal Turn-around Strategies.
The shortage of skills in the water sector remains a high risk area in relation to the provision of effective water services and water resources management. As with many other sectors in the country requiring engineers, technicians, artisans and scientists, the water sector faces major challenges in the recruitment and retention of suitably qualified staff including addressing the remuneration of the category of employees in the public service. Of particular concern is the loss of skilled civil engineering personnel by municipalities.
There is also a lack of skills development programmes or committed training in many municipalities. The DWA partnership with COGTA in supporting dedicated and accredited local government training is crucial in this regard.
Despite the Department achieving the Millennium Development Goal of "halving by the year 2015, the proportion of people who are unable to reach or to afford safe drinking water", DWA remains deeply concerned about the persistent backlogs in certain parts of the country. The Department is also aware of the anomalies in water distribution, where people reside adjacent to water sources and yet have no access to these resources, or indeed vulnerable groups such as the aged and physically challenged who do not have appropriate access to water services infrastructure. The Department will achieve the target of ensuring that every person, including vulnerable groups, has access to safe and reliable supply of drinking water, although it has to reconsider how this can be achieved.
It is recommended that the service backlogs, which are predominant in the KwaZulu-Natal, Eastern Cape, Limpopo, and the North West Provinces, are prioritised and addressed through a combination of short-term interventions such as rainwater harvesting, exploring further options of supplying communities from available sources and the further exploitation of groundwater sources, which may necessitate a policy change.
The ability of some smaller municipalities to deliver sustainable water services must be revisited as, despite all efforts to support, some have shown very little or no improvement to perform on their core mandate. A key challenge is poor financial management, which leaves many municipalities with a weak revenue base, and a growing dependency on grants.
If the country is to meet the national water services targets, the capacity of local government will have to be considered together with the process they follow to deliver on these services. DWA is currently supporting the LGTS together with COGTA and reflecting on the viability of smaller municipalities to fulfil their roles and responsibilities.
Specific challenges exist in the metros which directly influence service delivery to informal settlements and include massive basic services needs, bulk infrastructure dependencies, huge funding requirements, comprehensive and integrated planning (including water resources planning), and policy uncertainties.
Currently, the Ventilated Improved Pit (VIP) toilets are considered to be the most preferred sanitation technology in areas where waterborne systems cannot be installed. However, toilets that have been built five or more years ago are filling up and municipalities do not have the appropriate mechanisms to empty full pits. This creates new backlogs from areas that otherwise would have been considered as served. It is recommended that steps be undertaken to make it mandatory for municipalities to consider other technological options, both for new sanitation systems and maintaining existing ones, that will ensure sustainability in sanitation delivery.
Key challenges facing these programmes are a lack of integration by the affected Departments of Water Affairs, Human Settlements, Energy and CoGTA. Improved integration will ensure that there is alignment in policies and effective utilisation of resources. There is a need to make amendments to the current MIG policy to ensure that a certain proportion of the MIG funding goes towards operations and maintenance to prevent further deterioration of infrastructure. (The MIG policy is currently under review.) The use of equitable share funding which is supposed to address, among other issues, the operation and maintenance of infrastructure and this provision of free basic services to the poor, has to be looked at. It is recommended that the equitable share should have certain conditions attached to it to make it mandatory for municipalities to use it for the identified purposes. (The Equitable Share Policy is also currently under review.
DWA's regulatory function used to be contained within various units reporting to different structures. This situation was improved with the establishment of the Chief Directorate: Regulation. However, the Water Services Regulation Unit still requires additional specialist (technical and scientific) capacity to cater for the ever increasing regulatory demand.
Illegal water use is a serious challenge in many parts of the country, both in terms of illegal abstraction (mainly for agricultural use and mining) and the illegal discharge of effluents into rivers and dams. Unlawful water abstraction means that in some areas the demand for water will be higher than the availability especially during periods of poor rainfall or drought. Municipalities, industries and mines discharging effluent that does not meet compliance standards pose a severe problem to the environment, to the health of rivers and to the well-being of communities.
There is an international drive to improve drinking water quality (DWQ) from catchment to consumer level through a risk-based process. Sector development and support programmes must incorporate water safety planning as a key initiative. As such, the Department introduced this concept through the Blue Drop Certification Programme which requires the implementation of a Water Safety Plan.
The credibility of DWQ data was negatively affected by the general lack of access to accredited laboratories. The Blue Drop Certification Programme successfully bridged this gap through the promotion of accredited proficiency testing schemes in order to raise the accuracy levels of analyses. There is a need for a "step-ladder" approach towards increased access to accredited laboratories.
A draft DWQ Laboratory Strategy is being finalised with the objective of addressing this identified shortcoming in the most practical manner possible.
Existing process controlling skills are also not acceptable in terms of the Blue Drop Programme. The Draft Regulation that has been proposed to replace Regulation 2834 under the Water Act of 1956 (in terms of 1985 requirements) will be revised. This will be done with the objective of enhancing the general skills level of process controllers through mandatory training, and to ensure that the profile of water and waste water operators are raised through a new grading and licensing programme. Other elements such as asset management improvement will be addressed through the incentive-based regulation initiative.
South Africa is the 30th driest country in the world, yet water is wasted through lack of appropriate asset management by those responsible for the delivery of safe drinking water, from the source to the consumer.
A lack of asset management results in poor water demand management, operation and maintenance of infrastructure and ageing infrastructure that should have been replaced by efficient and appropriate technology. Besides the technical perspective, consumers do not conserve water efficiently as there is a general lack of awareness by users to conserve, together with an individual selfishness that believes that their own water habits will not contribute to the bigger picture.
It is essential that asset management, water demand management and water recycling become the key priority in the delivery of sufficient, safe drinking water in the future. If water conservation measures are not implemented urgently, the country will face water shortages in many of our cities. A recent study estimates that some R33 billion should be invested in various structural and operational water saving measures over the next decade. Two thirds of this amount would be required to address structural and operational issues, giving rise to water wastage in the agricultural sector which uses in excess of 60% of our available water. The balance would be required for the municipal sector.
Leakage through poorly maintained infrastructure not only reduces the quantity of safe and clean drinking water reaching consumers, but also reduces income to Water Service Authorities and the money they need to deliver such services - the water that leaks still has to be paid for. A Water Research Commission (WRC) study estimated that over 30% of revenue from water is lost by municipalities through leaking pipes, illegal connections and poor billing systems. This does not include non-payment for water services. Only once asset management is addressed, water demand management is practiced and water wastage is significantly reduced, can alternative supplies such as desalination be considered.
There is a large financing gap in the bulk infrastructure programme aimed at delivering water where it is needed and thereby improving the safety of treated drinking water. The Department has noted that there is inadequate management of sanitation infrastructure, from Ventilated Improved Pit latrines to waste water treatment works, resulting in technical breakdowns and declining service delivery performance, as well as an increased demand for water sanitation thereby compromising the available water in catchments.
There is lack of consistency in defining indigent households as well as targeting the poor in preference to all. Some municipalities are experiencing poor communication and co-operation between users, councillors, local government officials and different spheres of government and it has been found that some municipalities are not viable in their current form to fulfil their service delivery mandates.
The planning and management delivery chain throughout projects is weak due to poor municipal revenue management which is declining in many areas and new infrastructure which is increasing the financial and operating burden for municipalities. Most tariffs are not cost-reflective and are unable to balance affordability with long-term sustainability, creating a growing gap between expenditure and income for water services and equitable share not being used to fund the provision of free basic services and operation and maintenance.
working in collaboration with the DBSA on the Siyenza Manje Programme to address engineering and artisan skills shortages.
All 900 stations are maintained and monitored.
Only a bilateral meeting took place between DWA and the Department of Agriculture, Forestry and Fisheries.
A directorate focusing on climate change issues has been established and personnel will be appointed to effectively perform this function in the next financial year.
A directorate focusing on compliance, monitoring and enforcement has been established.
A project team that is fully resourced has been established to ensure that all backlogs relating to water use licence applications are eradicated during the next financial year.
4 The review of the National Water Resources Strategy, 2004 was not finalised, however, an inception report was completed.
This process will be carried over to the next financial year.
Assist municipalities in adhering to the Blue Drop and Green Drop certification programmes.
Mobilise for funding for infrastructure refurbishment, operation and maintenance.
Extensive work need to be done on irrigation scheme canals to reduce conveyance losses. Many of the irrigation schemes are old and the canal losses are unacceptably high. Extensive rehabilitaion is required to reduce these losses. Due to financial constraints on the capital budgets the targets to reduce these losses could not be realised during this reporting period. A long-term plan is being put in place to reduce conveyeance losses.
2 Shortage of dedicated technical personnel such as Climate Change Specialists, Water Plant Superintendents, Artisans, Technicians and Engineers.
5 The delay in the finalisation of the strategy for the conversion of dams resulted in the delay to convert any of the three dams planned from single to multi-purpose use.
The available draft strategy will be finalised and implemented during the next financial year.
1 Joint Water Commission(JWC) Agreement between the Republic of South Africa (RSA) and Swaziland finalised on 23 July 2010. A joint report will be compiled by the JWC secretariat and fowarded to both ministers.
3 Limpopo Water Commission (LIMCOM) Between RSA, Botswana, Mozambique and Zimbabwe - Mozambique proposed provisional entry into force of the agreement and RSA supports this proposal. The next LBPTC meeting in scheduled to take place in November 2010. A report will be produced after the meeting by the Branch: Internal Relations, together with the LBPTC commissioners.
4 Joint Permanent Technical Committee (JPTC) Between RSA and Botswana - the generic Agreement form done in 2007 to be used as a guideline for community awareness raising. Process on Marico Hydrological study on track and to be completed in July 2010; endorsed with further funding on projects still to be solicited.
5 Tripartite Permanent Technical Committee (TPTC) between RSA, Swaziland and Mozambique - Progressive Realisation of Inkomati-Maputo Agreement (PRIMA); Secretariat of IIMA currently soliciting funding and also busy with the implementation of certain projects; two IIMA projects were attended by DWA experts; a report on the study was finalised.
6 The Orange Senqu River Commision (ORASECOM) - finalisation of the lease agreement. A commissioners meeting was held in Botswana in October 2009. All task teams provided feedback reports on their progress.
7 JWC RSA / MOZAMBIQUE - SA provided letter of no objection to Mozambique. Bilateral discussion on PRIMA capacity exchange programme was held. After the Mozambique engagement has taken place, a report be produced.
8 Lesotho Highlands Water Commission (LHWP) - Legal agreement content finalised - taxation, legal, compensation of community and bilateral task team of Lesotho Highlands Water Agency. A report will be compiled by the Branch: International Relations and the LHWP commissioners after the signing of the agreement.
The Democratic Republic of Congo (DRC) agreement is still being negotiated.
DRC to ensure that funding received from the African Renaissance Fund will be utilised for the implementation of the project in the Katanga region.
Five (5) business processes mapped and implemented Water audit report compiled to inform licensing, registration of users and billing.
Task teams were dissolved. Organisational Development to play and implement interventions in the next financial year.
Achieved.
The approved policies have been implemented throughout the Department.
On average invoices were paid within 30 days.
The development of this system will continue in the new financial year and is expected to be completed in March 2011.
The Department will improve on this in the new financial year. Based on the water use report, a plan that includes capacity building and systems development will be implemented in 2010/11.
5 A climate survey to measure the perception of the public on their understanding of the value of water could not be conducted due to inadequate funding.
Various alternative means of gathering data will be implemented in the new financial year to ensure that feedback is obtained from clients.
Only 1.
Acknowledgement of women of the Tzaneen Municipality that have contributed immensely to the Water Conservation Programme. R300 000 was use to acknowledge them.
A gender mainstreaming programme that caters for disabilities initiatives will be implemented in the new financial year.
The draft Implementation Plan will be approved in the next financial year.
The Water Trading Entity (WTE) was first established as a Water Trading Account which was then approved in 1983 through Circular SY3/6/B under the Exchequer Act, 1975 (Act No. 66 of 1975) as amended, and was subsequently amended by the Public Finance Management Act, 1999 (Act No. 1 of 1999) (PFMA) as amended, which converted it into a Water Trading Entity. Under the PFMA, the WTE was required to change from cash-based accounting to accrual-based accounting.
In terms of the National Water Act, 1998 (Act No. 36 of 1998), the Department is responsible for the regulation of water use in South Africa by ensuring that water is allocated equitably and used beneficially in the public interest, and it is also required to create a register of all water users in the country. The Act makes provision for cost recovery on services rendered by the Department to water users. It is against this background that the Department created the Water Trading Entity within its administration. It has been operating as an integral part of the Department with very limited segregation of functions from the Department's Main Exchequer Account. The accountability for its functioning is vested in the Director-General who acts as its accounting officer. The funding of its activities comes from the Department as a transfer payment and through revenue collection from the various water schemes operated throughout the country.
This trading account covers specifically water resources management functions. The integrated water management activities are geared towards ensuring that water resources are protected, used, developed, conserved, managed and controlled in a sustainable and equitable manner for the benefit of the people residing in the relevant water management areas. Key focal areas include integrated water resources quality, control and authorisation of water use, and promotion of water conservation measures.
Through Component 1, water resources will be managed within water management areas to achieve improvement in resource protection, catchment management, water use and support to established catchment management agencies. Through trading accounts 2 and 3, water resources infrastructure is developed, operated and maintained in terms of best accepted practices that embrace enterprise-wide risk and asset management and optimal revenue management. Much work has already been done on water resources infrastructure including construction of new infrastructure to increase capacity for water security and availability.
This function is charged with the responsibility of developing, managing, operating and maintaining water supply schemes as integrated water resources systems. This includes transfer schemes that ensure meeting water demands by transferring water from water rich areas within and between water management areas. An example of this is the Vaal River System where a number of dams and pipelines are operated as one inter-linked system. The activities underlying this function are funded mainly through a consumptive water use charges.
This function deals with water resources schemes operated as stand-alone schemes and do not form part of an integrated water resources system. The supply of water is in bulk to different water user groups, but the agricultural sector is by far the largest consumer. Expenditure in this component covers operations and maintenance as well as management costs, and revenue is earned through the sales of water related services, most in bulk.
On Olifants River Water Resources Development Project (ORWRDP) 2A and the new 20 kilometre stretch of the R555 road relocated around the dam basin was completed and opened for traffic in June 2009. The related infrastructure including site offices, materials laboratory, community hall and permanent housing for operators was completed and commissioned for use. For the De Hoop Dam, the foundation excavations were completed and mostly covered with a first layer of concrete. The procedures for placing roller compacted concrete at high rates were refined and the contractor is now ready for placing concrete. The second stage river diversion has been successfully completed. There are currently 752 people employed by the project.
The successful commissioning of the Nandoni water treatment work on the Dam Safety Rehabilitation Programme, the Lakeside Dam, the Molepo Dam, the Toleni Dam and the Gcuwa Dam have been successfully completed. The planning of the raising of the Clanwilliam Dam is at an advanced stage. These projects will serve households that were not previously served with clean potable water. Phase I of the Mokolo River augmentation project will supply water to the new Medupi power station, coal mines and Lephalale Municipality. Further phases of the project that are scheduled to commence during the next financial year and completed after 2014 will create opportunities for the development of future power stations, new petrochemical industries in Limpopo province and many more initiatives. On average about 500 jobs will be created over the next five years and expected to allow Broad Based Black Economic Empowerment (BBBEE) participation.
The Mooi-Mgeni Transfer Scheme project involves the construction of the Spring Grove Dam for domestic water supply in the Ethekwini and Umgungundlovu municipal areas. The construction of a transfer pipeline from the Mooi River to the Mgeni River is part of this project for which construction is planned to commence by the end of 2010 and the first water delivery is expected by 2013.
The Department is planning to spend in excess of R1 billion per annum in the next four years on capital maintenance projects, including the Gamtoos Irrigation Scheme, the Vlakfontein Canal, and the Bospoort and Nsami Dams. The 24 Rivers Canal is one of the canals that supply Voëlvlei Dam with water. The canal has reached the end of its design life and rehabilitation work on the canal commenced in 2007 and should be completed by 2011. A total of R11 million was spent on the rehabilitation of the 24 Rivers Canal during the 2009/2010 financial year.
The Bulshoek Barrage in the Olifants River, diverts water into the main canal supplying the irrigation scheme at Vredendal. Wall sluices are used to regulate the discharge into the canal. This 90-year old structure has no provision to isolate the wall sluices, thus caissons were installed to remove old wall sluices without disrupting supply.
The Impofu Dam is one of the major suppliers to the Nelson Mandela Bay Metro. After 25 years in service, the corrosion protection on the mild steel pipes in the dam was due for replacement. The intake pipes could be removed to accomplish this, but the 400 m long outlet pipeline has to be done in situ.
The Laing Dam is a major source of water for Buffalo City. The 60-year old cast iron inlet pipes have been developing leaks and had to be replaced. To supply the treatment plant immediately downstream, a siphon was installed over the spillway. The single intake system pipes are currently being removed to be replaced with a twin system.
Rehabilitation. To date eighteen dams have been rehabilitated. In this financial year, a further seven dams will be rehabilated. The upgrading of these dams brings substantial benefits, including the sustainability of water supply to water users, limiting water losses and increasing the spillway capacity to ensure the protection of the dam as part of disaster management. Dam safety rehabilitation works are substantially completed at the Gcuwa Dam and the Toleni Dam in the Eastern Cape.
Dam safety rehabilitation works are substantially completed at the Boskop Dam in the North West Province.
Dam safety rehabilitation works are substantially completed at Acornhoek in Mpumalanga.
Substantial rehabilitation work was undertaken on several elements of the Gamtoos GWS in order to improve the reliability of water supply to users, including the Port Elizabeth area.
Eskom's full demand was delivered in the Eastern Highveld for the thermal power stations without any curtailments.
Sasol's full demand was met.
1 300 000 000 m3,  was met.
Large floods were successfully routed through the dams.
Through the operations and maintenance clusters, 95% compliance to levels of assurance of supply for different user groups was ensured; however it must be noted that 99.
Extensive work need to be done on irrigation scheme canals to reduce conveyance losses.
Actual achievement high. Extensive rehabilitaion is required to reduce these losses. Due to financial constraints on the capital budgets the targets to reduce these losses could not be realised during this reporting period. A long-term plan is being put in place to reduce conveyance losses.
One project advanced to completion of project implementation preparation.
30% condition of infrastructure meet original design capacity/performance requirements.
50% of infrastructure meet design standards/capacity.
1 Training of staff on dam safety issues.
Training of technicians regarding operating rules, operation and maintenance manuals and emergency preparedness plans.
Implementation of recommendations contained in the water user audit report, in particular the reconfiguring of SAP and improved debt collection efforts; in addition, water user associations will be approached to serve as billing and collection agents for some of the water user charges.
The project will be adequately funded and carried out in the new financial year.
Current 2009/10 49.
People served 1994 - March 2010 20.
People served 1994 - March 2010 13.
Reporting focuses only on municipalities that are WSAs and that are implementing FBW.
The Millennium Development Goals (MDGs) are time-bound goals with quantifiable targets which measure extreme poverty in all its dimensions and, in turn, measure the level to which countries are meeting the aims of the Millennium Declaration (signed in 2000 by 189 countries). South Africa has reached the MDGs for both basic water and basic sanitation.
Ms S.
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The Audit Committee reports that it has complied with its responsibilities arising from Section 38(1)(a) of the Public Finance Management Act (PFMA), 1999 (Act No.1 of 1999) as amended by Act No.29 of 1999) and Treasury Regulation 3.1.13. The Audit Committee also reports that it has adopted appropriate formal terms of reference as its Audit Committee Charter, has regulated its affairs in compliance with this Charter, and has attempted to discharge its responsibilities as contained therein.
The system of internal control was not entirely effective for the year under review, as compliance with prescribed policies and procedures were lacking in certain instances. During the year under review, instances of non compliance were reported by the internal and external auditors that resulted from a breakdown in the functioning of controls. In certain instances, the weaknesses reported previously have not been fully and satisfactorily addressed, and the impact thereof in contained in the annual financial statements. The entity is currently reviewing its systems of internal control which should rectify the non compliance identified and provide more effective control.
The department has developed and approved a risk management strategy. This strategy is the foundation for a continuous risk assessment process and for management monitoring of risks on an ongoing basis.
The internal audit department is responsible for independent and objective evaluation of the department's system of internal control at a detailed level and to bring any significant business risks and exposure to the attention of management and the committee through the provision of comprehensive internal audit reports.
During the year under review the internal audit department did not have adequate capacity which has resulted in the audit plan for the year not being adequately covered. The Audit Committee is monitoring the progress with appointments within the internal audit department.
The committee notes with concern, the Auditor-General's Qualified Audit Opinion on the financial statements of the Main Account. Management will be required to implement corrective measures to address the concerns raised by the Auditor-General that gave rise to the above-mentioned opinion.
The Audit Committee concurs and accepts the conclusions of the Auditor-General on the annual financial statements and is of the opinion that the audited annual financial statements be accepted and read together with the report of the Auditor-General.
During the year under review the Audit Committee held six normal meetings and one special meeting.
The system of internal control was not entirely effective for the year under review, as compliance with prescribed policies and procedures were lacking in certain instances. During the year under review, instances of non compliance were reported by the internal and external auditors that resulted from a breakdown in the functioning of controls. In certain instances, the weaknesses reported previously have not been fully and satisfactorily addressed, and the impact thereof is contained in the annual financial statements. The entity is currently reviewing its systems of internal control which should rectify the non compliance identified and provide more effective control.
Internal auditing provides a supportive role to management and the Audit Committee to achieve their objectives by assisting in the management of risk within the department.
The committee notes with concern, the Auditor-General's Qualified Audit Opinion on the financial statements of the Water Trading Entity. Management will be required to implement corrective measures to address the concerns raised by the Auditor-General that gave rise to the above-mentioned opinion.
The committee is further concerned with the material prior year adjustments processed in the currently year's financial statements especially as the 2009 financial statements were unqualified.
The Department of Water Affairs is the custodian of water resources, charged with the primary responsibility of ensuring safe and reliable water to all South Africa's citizens. The Department also has a key role to regulate the water sector and to provide strategic leadership to the entire sector. The Department plays an important role in contributing to various key programmes of Government as informed by the priorities contained in the Medium-term Strategic Framework (2009-2014). Some of the key programmes contribute directly to economic growth, social development and poverty alleviation with the intent to create job opportunities.
The Water for Growth and Development Strategic Framework was developed to set in motion a course of action to ensure that there is sufficient water in both quantitative and qualitative terms to support South Africa' growth path. To give expression to the framework, the Department has executed the following measures.
The IWRP continued to develop key strategies to ensure that sufficient water would be available to meet the growth and development needs of the country.
Vaal River System - it was recommended that Phase 2 of the Lesotho Highlands Water Project be implemented, illegal water abstraction for irrigation in the Vaal System to be eradicated, water losses from the domestic and industrial water supply system be reduced by at least 15%.
Crocodile (West) River System - it was recommended that the Mokolo Crocodile West Augmentation Project be implemented to meet the growing needs in the Lephalale area. Growing return flows from Gauteng North area will be used to meet the needs of the Crocodile (West) System Supply Area.
KZN Coastal - the re-use of effluent from urban areas of the KZN Coastal area will be required to meet future demands and the Mooi-mgeni Transfer Scheme, entailing the construction of Spring Grove Dam and Associated works, needs to be urgently implemented. Desalination of sea water needs to be investigated.
all other towns in South Africa.
Strategies for Cape Town and the Amatola aater supply systems, which were completed in the previous financial years, were updated and the recommended actions followed.
The IWRP has over the years developed robust water operating rules, which are protocols for regulating the storage and movement of water resources in systems (dams) in order to match water availability with requirements. Operating rules guide the applications in order to ensure equitable supply of water and mitigation against risk of failure of water resources during drought conditions. This approach has largely been successful.
During the 2009/10 financial year, the process of developing and enhancing its water operating rules, including tools with benchmarks, early warning systems, a monitoring procedures process of enhancing and triggering to spark corrective measures like restrictions in order to mitigate system failures during drought conditions, was continued.
These assessments recommended key actions which helped to minimise the impact of drought especially in some areas of the Eastern Cape.
The review of the National Water Resources Strategy, 2004, which describes how water resources will be protected, used, managed and conserved, was supposed to be revised during the period under review. However, the inception report was only completed in March 2010 and it is expected that the actual work will be carried out in the next financial year.
The IWRP continued to assess opportunities for improving the efficient use of water through the development and implementation of appropriate sector strategies. Extensive education and awareness campaigns, especially amongst the youth, to inform communities about water use efficiency, were confirmed. This was done through projects such as the 2020 vision programme, where schools get to participate in water efficiency programmes. These include water and sanitation related competitions such as the South African Youth Water Prize and Baswa Le Meetsi (Youth in Water). Also, communities were encouraged to use water efficiently through projects such as the Community Water Efficiency Programme (COWEP), the Blue Bus Campaign, and the annual WCWDM Sector Awards for contributions towards the efficient use of water.
The Department, as a regulator, must ensure that Water Service Authorities adhere to water quality standards and continue to ensure that drinking water quality monitoring programmes are improved. The quality of water, both supplied to consumers and waste discharged back into water resources, depends on the quality of the treatment facilities. As the development of policy for water services infrastructure development is the Department's regulatory responsibility, the Department will ensure that there is adequate planning for the management, operation, maintenance, refurbishment and upgrading of infrastructure.
A new unit responsible for Compliance, Monitoring and Enforcement was established and a total of fourteen Water Management Inspectors have been recruited and trained. As a result of the implementation of the Compliance, Monitoring and Enforcement programme, a total of 239 directives have been issued of which 31 have been resolved positively and 14 will be dealt with in court.
The eradication of authorisation of water use will be a major contribution development to economic development as almost all developments require water. Water use authorisation is also a major part of the efficient integrated water resource management as it serves as a regulatory basis and a foundation for the sustainability of the resource (prevention of pollution and over abstraction by regulatory).
Provincial water indabas were held in nine provinces and water sector plan were developed.
A national water resource classification system has been finalised.
Regulations for classification of water resources have been finalised.
National coverage of Reserve determination has been improved to 60%.
Capital expenditure on mega projects provides opportunities to positively impact on the socio-economic environment. The Department has already achieved success on recently completed projects (Berg Water project and Vaal Pipeline) by setting project specific targets for creating job opportunities and procurement of goods and services from local communities. Targets are set in a consultative manner and enforced through penalty clauses in service contracts. Time is needed to set the targets associated with planned capital investment projects.
98% completion of the Nandoni Treatment Works.
To ensure operational efficiency the extensive backlog on rehabilitation / refurbishment, which had developed due to insufficient funding for maintenance, needs to be urgently addressed. The Department has recently assessed all national water resources infrastructure and concluded that a R10 billion backlog has developed with regard to the assets currently valued at R58 billion (depreciated replacement cost).
The rehabilitation of civil works and the refurbishment of mechanical and electrical components of existing water resources infrastructure are taking part. Examples are the completion of extensive work done on the Gamtoos River distribution canals in the Eastern Cape and the improvements at the De Hoop Dam. The associated Dam Safety Rehabilitation Programme has also resulted in the completion of substantive upgrades to the Bospoort Dam in Limpopo, the Belfort Dam in the Eastern Cape and 18 smaller projects as well as 32 more projects that are planned for completion in the coming financial years. Both these programmes made major contributions to reducing the backlog in infrastructure rehabilitation and improved the efficiency, safety and useful lifespan of strategically important water resources infrastructure.
The Department's role is to create an enabling environment in which local government is equipped to fulfil its Constitutional mandate and improve service delivery. This requires a joint effort and better collaboration between the three spheres of government, with the Department of Cooperative Governance and Traditional Affairs being the main role player. This will be made easy with the implementation of the Local Government Turn-around Strategy that was approved by Cabinet in January 2010. As the Constitution clearly defines the role of the Department of Water Affairs with regard to the provision of water services, the Department's responsibility relates to the provision of support to municipalities, particularly those that are under capacitated. This is done through the development of Water Services Development Plans (WSDP) and Integrated Development Plans (IDP) by the deployment of expertise in partnership with the Development Bank of Southern Africa (DBSA), as well as the operation and maintenance of water services infrastructure.
The legislative and policy instruments provide strategic direction for the implementation of the transformation agenda in the water sector. Internal strategic tools were developed to give expression to the transformation imperatives of government as contained in legal frameworks. These include the Broad Based Black Economic Empowerment strategy, the youth development strategy and guidelines on the establishment of Catchment Management Agencies, the Water Allocation Reform programme, support to resource poor farmers, the women empowerment and disability programme, human resources development strategy and the public education and awareness programme. Annual targets are set against each focus area and monitored in terms of the performance monitoring and evaluation system.
The Department played an important role with regard to poverty alleviation by creating 19 203 job opportunities through the Working-for-Water programme. This directly supports the Expanded Public Works Programme. Women empowerment events and disability campaigns were implemented as part of the transformation agenda. The involvement of communities during the event was given a strong focus.
The Department played an important role in shaping the global agenda on water through the implementation of various cooperation agreements at regional and international level aimed at improving the management of water resources. As an active participant to the regional and continental water engagements, the Minister of Water and Environmental Affairs was elected the chairperson of the African Ministers' Council on Water (AMCOW), with the term running over a period of two years starting from November 2009. This particular privilege reflects the confidence of governments in the ability of the Minister to provide leadership on issues of growing importance like the collective management of trans-boundary and shared water resources.
The organisational structure of the Department was reviewed in response to the problems of misalignment, role ambiguity and to give strategic focus to the core business of the Department. This process was enhanced through the development of job profiles for senior management echelons. The learning continued to play a key role in securing an adequate human resource supply of the relevant technical skills to meet the current and future demands of the Department.
The Department implemented a financial management improvement plan focusing on addressing all the issues raised in the Auditor General's report. The alignment between a corporate strategy, business plans and performance agreements continues to be a challenge. We will continue to implement measures to improve alignment and create a sense of strategic coherence.
The River Health programme was implemented in the Vaal and Crocodile Rivers. This resulted in cleaner rivers, an improved ecosystem and improved water quality. The programme trains and employs people from local communities to clean rivers.
There was a 25% improvement in the finalisation of non-compliance cases (CME). Compliance enforcement is necessary to ensure sustainable water resource managements.
895 900 hectares were cleared of invasive species through the Working for Water (WfW) programme.
Reconciliation strategies for the Crocodile (West), Vaal and KwaZulu-Natal coastal areas that are meant to secure continued water supply to those areas at an appropriate level of assurance for the various users were completed.  This is over and above work that has been done in areas such as the Western Cape, Amatole (East London area), Algoa and others.
The Department implemented the BLUE DROP programme, aimed at assessing the quality of drinking water in various municipalities and highlighting drinking water quality related deficiencies to Water Service Authorities. This was also complemented by the implementation of the GREEN DROP programme which focused on the assessment of the waste water treatment works in various municipalities to determine their level of compliance to minimise the negative environmental impact and the human health risks.
Six regional CME implementation plans were approved for implementation in 2010/11 1.3.
Olifants River Water Resources Development Project (ORWRDP) 2A: The new 20 km stretch of the R555 road relocated around the dam basin was completed and opened for traffic in June 2009.
De Hoop Dam: The project employed 752 people in this period. The foundation excavations were completed and mostly covered with a first layer of concrete. The procedures for placing roller compacted concrete at high rates were refined and ready for placing concrete.
Dam Safety and Rehabilitation Programme: The Nandoni water treatment works was commissioned. The Lakeside Dam, Molepo Dam, Toleni Dam and Gcuwa Dam were completed. The planning of the raising of Clanwilliam Dam is at an advanced stage. At the end of the financial year at total of eighteen dams had been rehabilitated. The upgrading of these dams ensures: (i) sustainability of water supply, (ii) limiting water losses, and (iii) increase the spillway capacity to ensure the protection of the dam as part of disaster management.
Mokolo River Augmentation Project: Phase I will supply water to the new Medupi power station, coal mines and the Lephalale Municipality. Further phases of the project, scheduled to be completed after 2014, will create opportunities for the development of future power stations, new petrochemical industries in the Limpopo Province and many more initiatives. On the average, about 500 jobs will be created over the next five years.
Mooi-Mgeni Transfer Scheme Project: involves the construction of the Spring Grove Dam for domestic water supply in the Ethekwini and Umgungundlovu municipal areas. The construction of a transfer pipeline from the Mooi River to the Mgeni River is part of this project for which construction is planned to commence by the end of 2010 and the first water delivery is expected by 2013.
95% compliance for different user groups was ensured; 99.5% to the energy sector was ensured.
The Vaal River Eastern Sub-system Augmentation Project (VRESAP) was declared operational in June 2009. Water can now be conveyed from the Vaal Dam to a distribution point near Secunda to ensure the provision of additional water to Eskom and Sasol at the high level of assurance of supply required for strategic industries.
The RBIG is a targeted support programme to Water Services Authorities (WSAs) established in 2007 to supplement the financing for the development of regional bulk water infrastructure, regional bulk sanitation collection as well as regional water treatment works and waste water treatment works. The programme started with a budget of R300 million in the 2007/08 financial year and up to the end of the 2009/10 financial year an amount of R1,362 billion had been invested. Furthermore, the programme had created a total of 6 342 job opportunities.
A total of 11 projects had been completed with improved access to approximately 249 000 people.
The ACIP is a "rapid intervention programme" with a focus on: (i) community infrastructure water and sanitation, (ii) Water conservation and demand management, (iii) the Waste Water Infrastructure Refurbishment programme, and (iv) drought intervention in the Eastern Cape. It is being implemented in partnership with the targeted municipalities which are also co-funding implementation. An initial amount of R500 million was identified and set aside by the Department to kick start, the programme. At the end of the financial year a total of 14 projects for water supply and 13 projects for household sanitation were selected and ranked on the basis of exposure to the impacts of cholera and high water services backlogs (typically where between 50% and 100% of households were not served). These projects will benefit from the co-financing of municipalities during implementation in the 2010/11 financial year.
During this period, the Department (on behalf of the country) hosted the second Africa Water Week event and Seventh Session of the African Minister's Council on Water (AMCOW). During this event, South Africa, through the Department of Water Affairs, took over the chair of AMCOW for the next two years. This places a huge responsibility on the country to provide strategic leadership and guidance to address the problem of water security on the Africa continent.
The Department undertook improving financial management as a contribution to government priority.
In the 2008/09 financial year, the Department received an unqualified audit opinion from the Auditor-General.
Financial management improvement initiatives have been undertaken in areas of (i) asset management, (ii) revenue management, (iii) the establishment of risk management, and (iv) the enhancement of internal audit function.
The Enterprise Wide Asset Management (EWAM) project undertook the verification and valuation of major water infrastructure assets with a view to producing a complete and verified asset management register, including the establishment of relevant asset management policies.
The Department installed underground rainwater tanks in 500 households to be used for food gardens and in addition 300 resource poor farmers were supported.
The Department did not engage in any expenditure in this regard.
delays in reaching water supply agreements with individual mines due to the global economic crisis.
As result, the Department anticipated to spend only R98 million of the R600 million earmarked for phases 2B and 2G of the De Hoop Dam.
Augmentation to the Water Trading Entity (WTE) - R205 million to cover the cost of water services infrastructure projects undertaken by the WTE in the 2008/09 financial year.
An amount of R8.4 million was shifted to Programme 1: Administration to defray over-expenditure on Programme 1: Administration mainly attributable to additional accommodation needed by the Department as well as the increased cost of office accommodation and municipal services.
An amount of R26.4 million was shifted to Programme 1: Administration to defray over-expenditure on Programme 1: Administration mainly attributable to additional accommodation needed by the Department as well as the increased cost of office accommodation and municipal services.
In comparison with the 2008/09 financial year when only 92 % of the appropriated amount was spent, 98% was spent in 2009/10.
Ensure compliance, monitoring and enforcing of prescripts in terms of the National Water Act, 1998 (Act No.
The policy framework for charging for the use of water resources is set out in sections 56 to 60 of the National Water Act, 1998 (Act No. 36 of 1998). The pricing strategy for raw water use charges was published in Government Gazette No. 1353 of 12 November 1999. The first review of the pricing strategy has been completed and implemented by Notice No. 296973 in the Government Gazette of 16 March 2007 for implementation since April 2007. It remains valid until it is replaced by a new pricing strategy.
The proposed pricing for waste discharge related uses and return flows will be implemented after the review of the existing pricing strategy and other fiscal policy measures that have an impact on environmental taxes.
A big and enduring problem with the implementation of the pricing strategy so far has been that insufficient revenue is collected by means of infrastructure-related water use charges to fund the maintenance, refurbishment and betterment of government water resources infrastructure at a sustainable level. It was thought that this problem could potentially be solved by trying to address the government funding model for water resources infrastructure during the pricing strategy review process, but if this did not turn out to be feasible to at least make a serious effort to increase the efficiency of the Department's revenue collection process and broaden the consumer base, to appeal to the National Treasury for more financial support to keep water resources infrastructure at a sustainable level.
Schedule 1 of the National Water Act, 1998 (Act No.
Various technical and administrative support services were provided to Water Services Authorities and Water Management Institutions. These vary over a wide range of actions but mostly around support such as the provision of information to municipalities, the media and the public. Booklets, guidelines and pamphlets were distributed free of charge to municipalities, civil society and NGOs working in the water sector. It is estimated that Water Services Authorities provided water to a further 107 million people during the reporting period through the respective Water Services Development Plans and it is reported that R2,5 billion of the Municipal Infrastructure Grant (MIG) was spent during this period. Reports indicate that access to basic water supply services improved from 59% (1994) to 93% (2010) of the national population based on the Census 2001 results, as updated annually by the Department.
Free training was provided to operators of water works, councillors and water board members. Specialised planning was done to assist municipalities in forward planning for water resources and water services. All these were done in addition to participation in several actions, activities and workshops organised by other spheres of government such as provincial and local government.
Inventories amounted to R81 827 000 as at 31 March 2010. These are reflected as Note 5.5 to the Annual Financial Statements.
The donor-funded programme, Masibambane, which is in its third phase, is one of the most significant vehicles aimed at strengthening the Department's ability to effectively discharge its mandate through the implementation of the Community Water Supply and Sanitation Programme (CWSS).
the implementation of financial management improvement practices.
The Department comprises various statutory institutions and entities that have been established in accordance with the acts of Parliament and accounts directly to the Executive Authority. These institutions and entities are mentioned below.
The Water Trading Entity (WTE) was first established as a Water Trading Account by Cabinet approval in 1983 made via Circular SY3/6/B under the Exchequer Act, 1975 (Act No. 66 of 1975) as amended. It was subsequently amended by the Public Finance Management Act, 1999 (Act No. 1 of 1999) (PFMA) as amended, which converted it into a Water Trading Entity. In terms of the PFMA, the WTE was required to change from cash-based accounting to accrual-based accounting. This conversion to accrual-based accounting from cash-based accounting has been achieved as evidenced by the audit outcome of 2008/09.
In terms of the National Water Act, 1998 (Act No. 36 of 1998), the Department is responsible for the regulation of water use in South Africa by ensuring that water is allocated equitably and used beneficially in the public interest. It is also required to create a register of all water users in the country. The Act makes provision for cost recovery on services rendered by the Department to water users. It is against this background that the Department created the Water Trading Entity within its administration to operate the raw water supply infrastructure. The WTE has continued to operate as an integral part of the Department with a fair segregation of functions from the Department's Main Exchequer Account. The accountability for its functioning is vested in the Director-General of the Department of Water Affairs who is the accounting officer. The operating activities of WTE are funded by the Department as an augmentation and through revenue collection from water users throughout the country.
This component specifically covers water resources management functions. The integrated water management activities are geared towards ensuring that water resources in those areas are protected, used, developed, conserved, managed and controlled in a sustainable and equitable manner for the benefit of the people residing in the relevant water management areas. Key focal areas include integrated water resources quality, control and authorisation of water use, and promotion of water conservation measures.
Through Component 1, water resources are managed within water management areas to achieve improvement in resource protection, catchment management, water use and support to establish catchment management agencies. Through Components 2 and 3, water resources infrastructure is developed, operated and maintained in terms of best accepted practices that embrace enterprise-wide risk and asset management and optimal revenue management. Much work has already been done on water resources infrastructure including construction of new infrastructure to increase capacity for water security and availability.
This function is charged with the responsibility of developing, managing, operating and maintaining water supply schemes as integrated water resources systems. This includes transfer schemes that ensure meeting water demands by transferring water from water rich areas within and between water management areas. An example of this is the Vaal River system where a number of dams and pipelines are operated as one inter-linked system. The activities underlying this function are funded mainly through consumptive water use charges.
This function deals with water resources schemes operated as stand-alone schemes and does not form part of an integrated water resources system. The supply of water is in bulk to different water user groups, but the agricultural sector is by far the largest consumer. Expenditure in this component covers operations and maintenance as well as management costs, and revenue is earned through the sales of water related services, most in bulk.
This is a specialised liability management entity mandated to finance, develop and implement bulk raw-water infrastructure within an acceptable risk framework and in the most cost-effective manner to benefit water consumers. It was established in 1986 in terms of the Water Act, 1956 (Act No. 54 of 1956) which was repealed by the National Water Act, 1998 (Act No. 36 of 1998). Besides implementing and financing new water infrastructure projects as directed by the Minister, it is mandated to provide treasury and financial advisory services to the Department and other water management institutions. Over the medium term, the Trans-Caledon Tunnel Authority (TCTA) is expected to increase expenditure by nine percent which is in line with the increased expenditure in projects.
the Mokolo-Crocodile Water Augmentation Project (MCWAP).
The TCTA has successfully completed the implementation and funding of the part of the Lesotho Highlands Water Project (LHWP) phase 1 on Southern African soil and is currently responsible for the operation and maintenance of the same components. It also provides debt management services to the Department of Water Affairs (DWA) for the LHWP Phase 1.
The TCTA has successfully completed the implementation and funding of the Berg River Water Project and is responsible for debt management of the related borrowings. The TCTA derives its mandate from the notice of establishment that effectively allows it to delegate its borrowing powers and for the DWA to delegate its project implementation and execution to the TCTA.
The Water Research Commission (WRC) was established in terms of the Water Research Act, 1971 (Act No. 34 of 1971) to promote the coordination, communication and cooperation in water research, to establish water research needs and priorities from a national perspective, to fund prioritised research, to promote the effective transfer, dissemination and application of research findings and to enhance knowledge and capacity building in the water sector. The WRC has five key strategic areas, each providing an integrated framework for investment in addressing a portfolio of key water related needs.
The areas allow for multidisciplinary studies and are focused on solving problems related to national needs and supporting society as well as the water sector. While each of the areas is unique and mutually exclusive, they collectively cover the spectrum of water-related topics of strategic importance.
In terms of Chapter 7 of the National Water Act, 1998 (Act No. 36 of 1998), provision is made for the establishment of Catchment Management Agencies (CMAs) that should perform delegated water resources management functions at the regional or catchment level and to involve local communities in decision-making processes. CMAs are classified as Schedule 3A public entities in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999) as amended which implies that they are supposed to have governing structures in the form of a board and a chief executive officer (CEO). Only two CMAs, namely Inkomati and Breede-Overberg, currently exist. Both have function governing boards and CEOs. Seed funding of R42 million for the two established CMAs was disbursed to them to support their operations. Both are operational with governing boards, first line managers and staff in place.
Water boards have been established to operate as water services providers, which mainly entails the provision of bulk portable water supply. These boards manage water services in their supply areas, provide potable water at cost-effective prices and act as important intermediaries between bulk infrastructure provision, water reticulation and end users. There are currently 14 water boards that have been set up as financially independent institutions in terms of section 34(1) of the Water Services Act, 1997 (Act No. 108 of 1997) and must aim to be financially viable.
According to Chapter 8, Schedule 3 of the National Water Act, 1998 (Act No. 36 of 1998), all irrigation boards formed under the Water Act of 1956 (Act No. 54 of 1956) must be transformed into water user associations (WUAs) to provide a vehicle for localised users to operationally manage the use of the resource in a more integrated manner. Currently, all irrigation boards are in the process of being transformed into water user associations to fall within the ambit of the National Water Act, 1998 (Act No. 36 of 1998). To date, only 59 of the 279 irrigation boards have been transformed into water user associations. In addition, 31 new water user associations have been established and most of these are focused on supporting resource-poor farmers.
Although these entities are active in the water sector they are not public entities which report to the Minister of Water and Environmental Affairs.
The Komati River Basin Water Authority (KOBWA) has been established in terms of the treaty on water resources of the Komati River basin entered into between South Africa and Swaziland. It is governed by the Joint Water Commission, whose members consist of officials from both governments.
The Komati River Basin Water Authority was responsible for financing, building, operating and maintaining the water resources infrastructure in the Nkomati River basin, comprising the Driekoppies Dam in South Africa and the Maguga Dam in Swaziland, with ancillary works.
The construction of the Driekoppies Dam was secured through a loan of R488.4 million from the Development Bank of South Africa. The loan is payable biannually in 40 instalments, at an interest rate of 10% per annum from March 2001. The liability is secured by a 100% guarantee from the South African Government. The outstanding balance on the loan as at 31 March 2010 was R364.8 million.
The loan of R1 158 000 000, structured by a promissory note as agreed by the South African and Swaziland Governments, is an additional facility to complete the Maguga Dam. It bears interest of 13.1% per year, payable biannually in arrears. The capital and interest are repayable in 30 biannual instalments from June 2002. The loan is fully guaranteed by the South African Government and in turn the Swaziland Government guarantees 40% per cent of the loan to South Africa. The balance on the outstanding loan as at 31 March 2010 amounts to R1 013 078 000.
All entities to which transfer payments have been made are reflected in Note 11 to the Annual Financial Statements.
Transfer payments are made to municipalities in terms of section 64 of the Water Services Act, 1997, (Act No. 108 of 1997) which is intended to subsidise the operation and maintenance of water schemes owned and/or operated by the Department or by other agencies on behalf of the Department.
Funds are transferred on the basis of a transfer agreement (contract between the Department and the receiving institution). The transfer agreement is intended to ensure the effective and sustainable delivery of infrastructure in accordance with the required accountability aspects of the Public Finance Management Act, 1999 (Act No. 1 of 1999) as amended and the Division of Revenue Act, 2009 (Act No. 12 of 2009).
The Water Trading Entity (WTE) operates under the administration of the Department and any deficit must be made good from the Main Exchequer Account as an augmentation. For the year under review, augmentation to the WTE amounted to R2,195 million for infrastructure, R123,208 million for normal augmentation and R175,952 million for the Komati Water Basis Authority (KOBWA).
The Department does not have any public-private partnerships.
The King Report, informed by the Constitution and Public Finance Management Act,1999 (Act No. 1 of 1999), as amended, and the dictates of the King I, II and III reports, address the conformance of the Department of Water Affairs to the relevant statutory and regulatory imperatives. The Department, as a government entity, is required to prepare and submit annual financial statements which incorporate a corporate governance report.
Senior management of the Department of Water Affairs (DWA) endorses the Code of Corporate Practices and Conduct contained in the King III Report on Corporate Governance. By supporting the Code, senior management has recognised the need to conduct the DWA's affairs with integrity and in accordance with generally accepted corporate practices.
The Department has appointed a Director: Risk Management to manage the risk management function at enterprise level. The Director: Risk Management reports to the Chief Operations Officer (COO). A Risk Management Committee has been established to which the Director: Risk Management reports functionally. The Audit Committee is responsible for oversight requirements of risk management and evaluating and monitoring the Department's performance with regard to risk management.
The Department has a risk management policy in place. The day-to-day work practices involve risk assessment which is carried out intuitively and formally in line with the risk management policy. The risk management policy formalises the risk management process with risk registers maintained and reviewed as part of the business planning process.
Risk management champions were identified at branch level to strengthen the implementation of the function. Various risk management workshops were held which resulted in risk management plans containing ten significant risks being developed for the individual branches and regions.
A fraud risk assessment was performed from which a fraud risk register was developed. This informs the review of the Department's fraud policy and response plan.
The Department considers fraud prevention as an integral part of an overall Department risk management strategy. The Internal Audit function has a directorate that focuses specifically on fraud prevention, detection and investigation. The Department has a fraud prevention policy and response plan, which is reviewed annually, that contains the policy stance of the Department to fraud and corruption as well as the response mechanisms in place to report, investigate and resolve incidents of fraud and corruption which impact on the Department.
The Department has identified the risk in this area as being the lack of application, knowledge, awareness, effective communication and training with regard to its prevailing prescripts, as well as some policies and procedures which may be inadequate.
Management will improve awareness and knowledge of the relevant systems, policies, procedures, rules and regulations, including the requirements of the Public Finance Management Act, 1999 (Act No. 1 of 1999) as amended, the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000) and the Supply Chain Management (SCM) Guidelines among the employees.
This will be done through the development of clearly defined communication and training strategies ensuring that all employees are aware of the policies and procedures and that they would be able to implement these in their respective duties and responsibilities.
The Internal Audit Unit of the Department discharges its responsibilities in accordance with the Treasury Regulation requirements. The unit has enhanced its capacity during the year by the appointment of key personnel which put it in a position to adequately deliver on its mandate. The Internal Audit Unit is headed by a Chief Director who reports operationally to the Accounting Officer and functionary to the Audit Committee. The component implement a risk-based internal audit plan annually which is in line with the standards set by the Institute of Internal Auditors. It performs an advisory role to management by ensuring that periodic audits and reports are produced based on the evaluation of the Department's system of internal controls and risk management processes. The unit also assesses the Department's ability to comply with legislative requirements as well as the performance of its functions in accordance with the mandate and commitment made in the strategic plans.
The Audit Committee has been appointed in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999) (PFMA) as amended and members discharge their functions in accordance with the PFMA, Treasury Regulations and the Audit Committee Charter. Members have at each Audit Committee meeting engaged management on, among others, matters relating to performance and financial management improvement action plans formulated to address performance and financial management weakness identified by the external auditors in the previous financial years.
The following committees exist: Top Management, Executive Committee (EXCO), the Management Committee (MANCO) and the Departmental Bid Adjudication Committee (DBAC). These are functioning effectively and are achieving their objectives. Management structures are in place to deal with the flow of information, issues of conflict of interest, provide leadership and facilitate decision making..
The Department had in the absence of its own code of conduct for employees adopted and continued to implement the Public Service Code of Conduct developed by the Department of the Public Service and Administration to manage the conduct of employees. This is supplemented by the Public Service Coordinating Bargaining Council (PSCBC) Resolutions such as the Disciplinary Procedures (Resolution 2 of 1999) and the Grievance Procedures (Resolutions 14 of 2002) in the public service to deal with disciplinary matters as well as formal complaints from employees.
The Department adheres to health and safety standards and regulations that are contained in the acts and policies by ensuring that plans and structures are in place to safeguard the wellbeing of the employees.
According to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996) the administrative powers and functions entrusted by legislation can be transferred to certain Cabinet Ministers in terms of section 97 of the Constitution.
Given under his Hand and the Seal of the Republic of South Africa, His Excellency Mr J Zuma, in his capacity as President of South Africa, signed the transfer of certain functions to various Cabinet Ministers on 22 June 2009 and it was published in Government Gazette No. 32367 dated 1 July 2009.
As a result of this, the administration, powers and functions in respect of the forestry and sanitation functions were transferred to the Minister of Agriculture, Forestry and Fisheries and the Minister of Human Settlements, respectively. According to the determination letters that were signed by the Minister of Public Service and Administration, the sanitation function was transferred to the Department of Human Settlements with effect from 1 December 2009 and the forestry function to the Department of Agriculture, Forestry and Fisheries with effect from 23 March 2010.
Section 42 of the PFMA and Treasury Regulation 6.5.2 state that "Should the Minister of Public Service and Administration or a Premier of a province make a determination regarding the transfer of a function between departments in terms of the Public Service Act, 1994, as amended, that determination must accompany a request for the transfer of funds as per Treasury Regulation 6.5.1. Should the Minister of Public Service and Administration or a Premier approve a function transfer after the finalisation of the adjustments estimates, it must be dealt with on a recoverable basis."
The budget for the forestry function for the 2009/10 financial year was transferred to the Department of Agriculture, Forestry and Fisheries (DAFF) by way of the Adjustment Estimate which was approved by Cabinet on 2 October 2009. Expenditure amounting to R554 075 614.09 was therefore dealt with on a recoverable basis by the DWA.
The budget of the sanitation function was only transferred to the Department of Human Settlements (DHS) with effect from 1 April 2010. Expenditure amounting to R1 324 627.45 was incurred by the DHS since the transfer of the staff to the DHS and was dealt with on a recoverable basis by the DHS.
Before the forestry functions were transferred, the aim of the Department was to ensure the availability and supply of water at national level, to facilitate equitable and sustainable social and economic development, ensure the universal and efficient supply of water services at local level, and promote the sustainable management of forests.
The aim of the Department of Water Affairs after the forestry functions were transferred remains the same for water activities, but the promotion of sustainable forest management was removed from the budget.
As a result of the transfer of the aforementioned functions the Department's name was changed from the Department of Water Affairs and Forestry to the Department of Water Affairs.
Detail of the functions transferred.
The purpose of Programme 4: Forestry of the Department, where the forestry functions were managed, was to ensure sustainable management of the Department's plantations and indigenous forests in order to realise their optimal social, environmental and economic benefits also to promote rural development through policy development, regulation, facilitation, and monitoring and evaluation.
The sanitation functions were integrated in Programme 3: Water Services. The aim of sanitation services was to develop infrastructure for basic sanitation services at the regional level for improved quality of life and poverty alleviation.
As a result of the transfer of the forestry functions, no figures are reflected in the appropriation statement for forestry for the 2009/10 financial year.
No substantial new activities have been implemented during the reporting year.
A physical asset verification conducted at the nine regional offices of the Department confirms that all assets are recorded and captured in the asset register. During the reconciliation, assets paid through sundry payments were detected and added to those acquired on LOGIS. These were accounted for as additions and form part of the asset register.
The Departmental asset register meets the minimum requirements as per asset management guidelines and the Asset Management Framework. Current and capital assets are separately disclosed and are captured either in the minor or major asset registers.
The Department did not have a formal asset management plan in place in line with the strategic plan. This has since been rectified. The 2010/11 - 2012/13 strategic plan includes the asset management plan.
The Department is faced with the challenge of system (LOGIS) problems. LOGIS is a procurement system and was not meant to be an asset management system. Therefore, some of the activities are not accurately performed and reliance cannot be placed on it for reporting purposes. Misallocation of posting is still a challenge when procuring assets. This challenge has been dealt with through targeted transaction analysis. Supply chain and asset management officials have been subjected to the Standard Chart of Accounts (SCOA) training, enabling them to manage the misallocation at inception of the process when goods are procured.
The determination letter to transfer the forestry functions to DAFF was only signed on 23 March 2010 by the Minster of Public Service and Administration, but the physical transfer of the 2 949 staff members only took place with effect from 1 May 2010, which resulted in the salaries of Forestry staff for April 2010 to be paid by the DWA on a recoverable basis in the 2010/11 financial year.
The Department has strengthened its performance management through the finalisation and implementation of the policy and procedure manual on managing organisational performance. Although these documents were approved during the last quarter of the financial year, implementation was carried out using the drafts as the basis. Some of the outcomes observed during the year under review are the improvement in the level of performance contracting by managers and the introduction of performance reviews taking place at departmental and branch levels. In addition to that, each branch produced a business plan that was approved by the accounting officer, and then cascaded to various chief directorates and directorates.
Discussion on the performance of the Department also took place at various governance structures such as Top Management, Executive Committee (EXCO) and Management Committee (MANCO). These meetings were convened to focus on strategic and business planning as well as performance reporting. Progress reports against the implementation of the strategic and business plans were submitted to the executive authority on quarterly basis as part of compliance with Part 3 of Treasury Regulation 5.3.1.
According to the final expenditure reports there is no unauthorised expenditure to be reported for the 2009/10 financial year and no resolutions from SCOPA for previous financial years have been made available to the Department.
The information systems that was not appropriate to facilitate the preparation of a performance report that is accurate and complete.
No controls were implemented to ensure the accuracy and completeness of reported performance information.
No functional performance management system was in place whereby performance bonuses were only paid after proper assessment and approval by those charged with governance.
The internal audit functions did not substantially fulfil its responsibilities for the year, as set out in Treasury Regulation 3.2.
The financial statements were subject to material amendments resulting from the audit.
These issues were addressed in a specific financial management improvement action plan which was compiled in consultation with all role players after a debriefing session held in October 2009. Recommended solutions were included in the action plan and were strictly monitored on a monthly basis to ensure the non-recurrence of the issues raised in the audit report.
The Department has engaged in a vigorous process to capacitate the Internal Audit Unit. During the reporting period the unit has successfully recruited audit professionals and filled key posts to position the Internal Audit Unit to effectively fulfil its responsibilities in terms of Treasury Regulation 3.2.
No application was filed with the National Treasury seeking to exempt the Department from statuary reporting requirements.
The Annual Financial Statements set out on pages 95 to 172 have been approved by the acting Accounting Officer, Ms Nobubele Ngele.
DEPARTMENT OF WATER AFFAIRS VOTE 34 REPORT OF THE ACCOUNTING OFFICER for the year ended 31 March 2010 1Bulk infrastructure plays a central and critical role in facilitating: (i) universal access to basic water, (ii) municipal growth and economic development, (iii) drinking water quality and wastewater management, (iv) water resources management including effective use and environmental protection.
I have audited the accompanying financial statements of the Department of Water Affairs which comprise the statement of financial position as at 31 March 2010, and the statement of financial performance, statement of changes in net assets and cash flow statement for the year then ended, and a summary of significant accounting policies and other explanatory information as set out on pages 95 to 172.
The accounting officer is responsible for the preparation and fair presentation of these financial statements in accordance with the modified cash basis of accounting determined by the National Treasury, as set out in accounting policy note 1.1 and in the manner required by the Public Finance Management Act, 1999 (Act No. 1 of 1999). This responsibility includes: designing, implementing and maintaining internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances.
As required by section 188 of the Constitution of South Africa and section 4 of the Public Audit Act of South Africa, my responsibility is to express an opinion on these financial statements based on my audit.
I conducted my audit in accordance with International Standards on Auditing and General Notice 1570 of 2009 issued in Government Gazette 32758 of 27 November 2009. Those standards require that I comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgement, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.
I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion.
I was unable to verify the existence and completeness of immovable tangible capital assets stated at R33 499 000 (2009: R5 043 122 000) as disclosed in note 32 to the financial statements. The department imposed a limitation on the scope of my work, as the final asset register was not provided in time to verify the amounts.
The closing balance for movable tangible capital assets of R90 724 000, as disclosed in note 30, to the financial statements, does not agree to the balance of R48 257 427 per the asset register. The department did not provide sufficient and appropriate evidence to explain the difference between the disclosure note and the underlying asset register of R42 895 573. Consequently, the department's records did not permit the application of alternative procedures to verify the existence and completeness of moveable assets.
The additions for movable tangible capital assets of R33 800 000, as disclosed in note 30, to the financial statements, does not agree to the additions of R16 160 794 in the asset register. The difference is as a result of misclassifications of expenditure on goods and services as capital expenditure. The department did not reconcile the difference. Consequently, I could not determine the effect of the misclassification on the tangible capital assets balance and on the goods and services amount contained in the financial statements.
In my opinion, except for the effects of the matters described in the Basis for qualified opinion paragraphs, the financial statements present fairly, in all material respects, the financial position of the Department of Water Affairs as at 31 March 2010, and its financial performance and its cash flows for the year ended in accordance with the modified cash basis of accounting determined by the National Treasury, as set out in accounting policy note 1.1 and in the manner required by the Public Finance Management Act.
I draw attention to the matters below.
The department's policy is to prepare financial statements on the modified cash basis of accounting determined by the National Treasury, described in accounting policy note 1.1 to the financial statements.
As disclosed in note 26 to the financial statements, irregular expenditure to the amount of R12,921 million was incurred as proper procurement processes had not been followed.
I draw attention to the matter below.
The supplementary information set out in annexures 1A to 6 does not form part of the financial statements and is presented as additional information. I have not audited these schedules and accordingly I do not express an opinion thereon.
In terms of the PAA of South Africa and General notice 1570 of 2009, issued in Government Gazette No. 32758 of 27 November 2009 I include below my findings on the report on predetermined objectives, compliance with the Public Finance Management Act and financial management (internal control).
The Department of Water Affairs' strategic plan is not consistent with the department's published medium term expenditure estimates as required by the Treasury Regulations paragraph 5.2.2 (a).
Consistency: Has the department reported on its performance with regard to its objectives, indicators and targets in its approved strategic plan, i.e. are the objectives, indicators and targets consistent between planning and reporting documents?
Relevance: Is there a clear and logical link between the objectives, outcomes, outputs, indicators and performance targets?
Measurability: Are objectives made measurable by means of indicators and targets Are indicators well defined and verifiable, and are targets specific, measurable, and time bound?
For the selected strategic goal two (2), 100% of the planned and reported targets were not clear.
Contrary to the requirements of TR16A3.2 and Section 51(1) (a) (iii) of the PFMA, the accounting officer did not implement and enforce controls to prevent the occurrence of irregular expenditure arising from non compliance with procurement processes.
Contrary to the requirements of section 40(1)(c)(i) the department did not submit their annual performance report for auditing within two months after the end of the financial year as required by the Auditor General Directive for 2009, it was submitted on the 03 June 2010.
I considered internal control relevant to my audit of the financial statements and the report on predetermined objectives and compliance with the PFMA but not for the purposes of expressing an opinion on the effectiveness of internal control. The matters reported are limited to the deficiencies identified during the audit.
The accounting officer did not exercise adequate oversight over reporting and compliance with laws and regulations relating to supply chain management to prevent irregular expenditure.
The financial statements and other information to be included in the annual report were not reviewed for completeness and accuracy prior to submission for audit. In addition, transactions are not reviewed by competent officials prior and subsequent to capturing in the financial systems.
The department did not assess the likelihood and impact of risks relating to supply chain management and respond to the assessed risks adequately.
An investigation into certain procurement irregularities at the department was conducted during the year under review and the report was finalised and tabled in May 2010.
A performance audit commenced during the year under review concerning the department's use of consultants and professional service providers. The report on this audit will be tabled when the engagement is finalised.
Appropriation Statement: Forestry Current year figures are being disclosed by the Department of Agriculture, Forestry and Fisheries.
DEPARTMENT OF WATER AFFAIRS VOTE 34 NOTES TO THE APPROPRIATION STATEMENT for the year ended 31 March 2010 1.
Detail of these transactions can be viewed in the note on Transfers and subsidies, disclosure notes and Annexure 1 (A-H) to the Annual Financial Statements.
Detail of these transactions can be viewed in note 1 (Annual Appropriation) to the Annual Financial Statements.
Detail of these transactions per programme can be viewed in the note on Financial transactions in assets and liabilities to the Annual Financial Statements.
The under spending is mainly due to the delay in the installation of ESKOM power supply to construction site for the phase 2B-2G.
The under spending is mainly due to delays that were experienced in finalising implementation agreements with municipalities with respect to the ACIP programme.
The Financial Statements have been prepared in accordance with the following policies, which have been applied consistently in all material aspects, unless otherwise indicated. However, where appropriate and meaningful, additional information has been disclosed to enhance the usefulness of the Financial Statements and to comply with the statutory requirements of the Public Finance Management Act, Act 1 of 1999 (as amended by Act 29 of 1999), and the Treasury Regulations issued in terms of the Act and the Division of Revenue Act, Act 2 of 2006.
The Financial Statements have been prepared on a modified cash basis of accounting, except where stated otherwise. The modified cash basis constitutes the cash basis of accounting supplemented with additional disclosure items. Under the cash basis of accounting transactions and other events are recognised when cash is received or paid.
All amounts have been presented in the currency of the South African Rand (R) which is also the functional currency of the department.
Unless otherwise stated all financial figures have been rounded to the nearest one thousand Rand (R'000).
Prior period comparative information has been presented in the current year's financial statements. Where necessary figures included in the prior period financial statements have been reclassified to ensure that the format in which the information is presented is consistent with the format of the current year's financial statements. Prior year figures have not been restated in relation to the Forestry transfer.
A comparison between actual amounts and final appropriation per major classification of expenditure is included in the Appropriation Statement.
Appropriated funds comprises of departmental allocations as well as direct charges against revenue fund (i.e. statutory appropriation).
Appropriated funds are recognised in the financial records on the date the appropriation becomes effective. Adjustments made in terms of the adjustments budget process are recognised in the financial records on the date the adjustments become effective.
The total appropriated funds received during the year are presented in the statement of financial performance.
Unexpended appropriated funds are surrendered to the National Revenue Fund. Any amounts owing to the National Revenue Fund at the end of the financial year are recognised as payable in the statement of financial position.
All departmental revenue is recognised in the statement of financial performance when received and is subsequently paid into the National Revenue Fund, unless stated otherwise.
Any amount owing to the National Revenue Fund is recognised as a payable in the statement of financial position.
No accrual is made for the amount receivable from the last receipt date to the end of the reporting period. These amounts are however disclosed in the disclosure note to the annual financial statements.
All direct exchequer receipts are recognised in the statement of financial performance when the cash is received and subsequently paid into the National Revenue Fund, unless otherwise stated.
All direct exchequer payments are recognised in the statement of financial performance when final authorisation for payment is effected on the system (by no later than 31 March of each year).
Any amount owing to the National Revenue Funds at the end of the financial year is recognised as a payable in the statement of financial position.
Aid assistance is recognised as revenue when received.
All in-kind aid assistance is disclosed at fair value on the date of receipt in the annexures to the Annual Financial Statements.
The cash payments made during the year relating to aid assistance projects are recognised as expenditure in the statement of financial performance when final authorisation for payments is effected on the system (by no later than 31 March of each year).
The value of the assistance expensed prior to the receipt of funds is recognised as a receivable in the statement of financial position.
Inappropriately expensed amounts using aid assistance and any unutilised amounts are recognised as payables in the statement of financial position.
The cost of short-term employee benefits are expensed in the statement of financial performance when financial authorisation for payment is effected on the system (by no later then 31 March each year).
Short-tem employee benefits that give rise to a present legal or constructive obligation are disclosed in the disclosure notes to the financial statements. These amounts must not be recognised in the statement of financial performance or position.
Employee cost are capitalised to the cost of a capital project when an employee spends more than 50% of his/her time in the project. These payments form part of expenditure for capital assets in the statement of financial performance.
Employer contribution (i.e. social contributions) are expensed in the statement of financial performance when the final authorisation for payment is effected on the system (by no later than 31 March each year).
No provision is made for retirement benefits in the financial statements of the department. Any potential liabilities are disclosed in the financial statements of the National Revenue Funds and not in the financial statements of the employer department.
Social contribution (such as medical benefits) made by the department for certain of its ex-employees are classified as transfers to households in the statement of financial performance.
Termination benefits such as severance packages are recognised as an expense in the statement of financial performance as a transfer (to households) when the final authorisation for payment is effected on the system (by no later than 31 March of each year).
Other long-term employee benefits (such as capped leave) are recognised as an expense in the statement of financial performance as a transfer (to households) when the final authorisation for payment is effected on the system (by no later than 31 March of each year).
Long-term employee benefits that give rise to a present legal or constructive obligation are disclosed in the disclosure notes to the financial statements.
Payments made for goods and/or services are recognised as an expense in the statement of financial performance when the final authorisation for payment is effected on the system (by no later than 31 March of each year).
The expense is classified as capital if the goods and services were acquired for a capital project or if the total purchase price exceeds the capitalisation threshold (currently R5, 000). All other expenditures are classified as current.
Interest and rental payments are recognised as an expense in the statement of financial performance when the final authorisation for payment is effected on the system (by no later than 31 March of each year). This item excludes rental for the use of buildings or other fixed structures. If it is not possible to distinguish between payment for the use of land and the fixed structures on it, the whole amount should be recorded under goods and services.
Debts are written off when identified as irrecoverable. Debts written-off are limited to the amount of savings and/or underspending of appropriated funds. The write off occurs at year-end or when funds are available. No provision is made for irrecoverable amounts but an estimate is included in the disclosure notes to the financial statements amounts.
All other losses are recognised when authorisation has been granted for the recognition thereof.
Transfers and subsidies are recognised as an expense when the final authorisation for payment is effected on the system (by no later than 31 March of each year).
When confirmed unauthorised expenditure is recognised as an asset in the statement of financial position until such time as the expenditure is either approved by the relevant authority, recovered from the responsible person or written off as irrecoverable in the statement of financial performance.
Unauthorised expenditure approved with funding is derecognised from the statement of financial position when the unauthorised expenditure is approved and the related funds are received.
Where the amount is approved without funding it is recognised as expenditure in the statement of financial performance on the date of approval.
Fruitless and wasteful expenditure is recognised as expenditure in the statement of financial performance according to the nature of the payment and not as a separate line item on the face of the statement. If the expenditure is recoverable it is treated as an asset until it is recovered from the responsible person or written off as irrecoverable in the statement of financial performance.
Irregular expenditure is recognised as expenditure in the statement of financial performance. If the expenditure is not condoned by the relevant authority it is treated as an asset until it is recovered or written off as irrecoverable.
Cash and cash equivalents are carried in the statement of financial position at cost.
Bank overdrafts are shown separately on the face of the statement of financial position.
For the purposes of the cash flow statement, cash and cash equivalents comprise cash on hand, deposits held, other short-term highly liquid investments and bank overdrafts.
Other financial assets are carried in the statement of financial position at cost.
Amounts prepaid or advanced are recognised in the statement of financial position when the payments are made and where the goods and services have not been received by year end.
Prepayments and advances outstanding at the end of the year are carried in the statement of financial position at cost.
Receivables included in the statement of financial position arise from cash payments made that are recoverable from another party or from the sale of goods/rendering of services.
Receivables outstanding at year-end are carried in the statement of financial position at cost plus any accrued interest. Amounts that are potentials irrecoverable are included in the disclosure notes.
Capitalised investments are shown at cost in the statement of financial position.
Investments are tested for an impairment loss whenever events or changes in circumstances indicate that the investment may be impaired. Any impairment loss is included in the disclosure notes.
Loans are recognised in the statement of financial position when the cash is paid to the beneficiary. Loans that are outstanding at year-end are carried in the statement of financial position at cost plus accrued interest.
Amounts that are potentially irrecoverable are included in the disclosure notes.
Inventories that qualify for recognition must be initially reflected at cost. Where inventories are acquired at no cost, or for nominal consideration, their cost shall be their fair value at the date of acquisition.
All inventory items at year-end are reflected using the weighted average cost or FIFO cost formula.
A capital asset is recorded on receipt of the item at cost. Cost of an asset is defined as the total cost of acquisition. Where the cost cannot be determined accurately, the movable capital asset is stated at fair value. Where fair value cannot be determined, the capital asset is included in the asset register at R1.
All assets acquired prior to 1 April 2002 are included in the register R1.
Subsequent expenditure of a capital nature is recorded in the statement of financial performance as "expenditure for capital asset" and is capitalised in the asset register of the department on completion of the project.
Repairs and maintenance is expensed as current "goods and services" in the statement of financial performance.
A capital asset is recorded on receipt of the item at cost. Cost of an asset is defined as the total cost of acquisition. Where the cost cannot be determined accurately, the immovable capital asset is stated at R1 unless the fair value for the asset has been reliably estimated.
Work-in-progress of a capital nature is recorded in the statement of financial performance as "expenditure for capital asset". On completion, the total cost of the project is included in the asset register of the department that legally owns the asset or the national department of public works.
Recognised payables mainly comprise of amounts owing to other governmental entities. These payables are carried at cost in the statement of financial position.
Contingent liabilities are included in the disclosure notes to the financial statements when it is possible that economic benefits will flow from the department, or when an outflow of economic benefits or service potential is probable but cannot be measured reliably.
Contingent assets are included in the disclosure notes to the financial statements when it is possible that an inflow of economic benefits will flow to the entity.
Commitments are not recognised in the statement of financial position as a liability or as expenditure in the statement of financial performance but are included in the disclosure notes.
Accruals are not recognised in the statement of financial position as a liability or as expenditure in the statement of financial performance but are included in the disclosure notes.
Short-term employee benefits that give rise to a present legal or constructive obligation are disclosed in the disclosure notes to the financial statements. These amounts are not recognised in the statement of financial performance or the statement of financial position.
Finance leases are not recognised as assets and liabilities in the statement of financial position. Finance lease payments are recognised as an expense in the statement of financial performance and are apportioned between the capital and interest portions. The finance lease liability is disclosed in the disclosure notes to the financial statements.
Operating lease payments are recognised as an expense in the statement of financial performance. The operating lease commitments are disclosed in the discloser notes to the financial statement.
Provisions are disclosed when there is a present legal or constructive obligation to forfeit economic benefits as a result of events in the past and it is probable that an outflow of resources embodying economic benefits will be required to settle the obligation and a reliable estimate of the obligation can be made.
Receivables for departmental revenue are disclosed in the disclosure notes to the annual financial statements.
The capitalisation reserve comprises of financial assets and/or liabilities originating in a prior reporting period but which are recognised in the statement of financial position for the first time in the current reporting period. Amounts are recognised in the capitalisation reserves when identified in the current period and are transferred to the National Revenue Fund when the underlining asset is disposed and the related funds are received.
Amounts are recognised as recoverable revenue when a payment made in a previous financial year becomes recoverable from a debtor in the current financial year. Amounts are either transferred to the National Revenue Fund when recovered or are transferred to the statement of financial performance when written-off.
Specific information with regards to related party transactions is included in the disclosure notes.
Compensation paid to key management personnel including their family members where relevant, is included in the disclosure notes.
Assets less then R5,000 5.
Compensation Com. Contr.
These amounts are not recognised in the Annual Financial Statements and are disclosed to enhance the usefulness of the Annual Financial Statements.
The amounts for 2008/09 and 2009/10 include commitments running over the years beyond the 2009/10 and 2010/11 financial years respectively.
The amount of R4 115 378.10 for the prior year 2008/09 has been deemed to be irregular expenditure by the forensic investigation conducted by AGSA in a special report. Services were rendered by Pism Consulting (Advisory consulting services).
<fn>GOV-ZA.2010annualreportpart2En.2012-02-10.en.txt</fn>
Rehabilitation of existing infrastructure as per the prioritised Dam Safety Rehabilitation Programme.
Send a progress report within 30 working days with full contact details of the person handling the matter.
Three staff members in the National office and one staff member in each regional office.
3 Has the Department introduced an Employee Assistance or Health Promotion Programme for your employees If so, indicate the key elements/services of the programme?
Former members of the committee have left the Department.
New members must be recruited.
5 Has the Department reviewed the employment policies and practices of your Department to ensure that these do not unfairly discriminate against employees on the basis of their HIV status If so, list the employment policies/practices so reviewed?
6 Has the Department introduced measures to protect HIV-positive employees or those perceived to be HIV-positive from discrimination If so, list the key elements of these measures?
The Recruitment and Selection Policy and the Employment Equity Act prohibit unfair discrimination.
7 Does the Department encourage its employees to undergo Voluntary Counselling and Testing If so, list the results that you have achieved?
This is addressed through the various wellness measures.
Wellness is handled through absence management and Policy and Procedure on Icapacity Leave and Ill-health Retirement (PILIR) applications.
Completion of an analytical and drawing service for compiling the dam break flood-lines of first set of dam river system required for dam safety purposes.
Design service up to and including the preliminary design stage for the rehabilitation on the dams to comply with dam safety standards, Hammarsdale Dam.
Design service up to and including the preliminary design stage for rehabilitation of dams to comply with dam safety standards, Hammarsdale Dam.
WP10076 Appointment of a professional service provider for support of spatial information management in the Eastern Cape water sector through the Clearing House.
Loans were provided to the Irrigation Boards and Water User Associations.
Realised losses not recoverable i.e.
Guaranteed interest outstanding - Where interest is also guaranteed, interest of the guaranteed amount as from the last date of interest until 31 March 2010 is shown here. This amount must be separately and not be included in the opening or closing balances.
Realised losses i.e. claims paid out - Losses realised in respect of claims paid out are to be shown here. As in the case a housing loan to an official, a guarantee claim paid out is not necessarily a loss to the Sate. Seeing that the amount paid out can be recovered from the person in question. If such an amount cannot be recovered and has been written-off, it is regarded as a loss.
Guarantted exposure - The sum of closing balance and guaranteed interest outstanding and should be disclosed in the disclosure notes.
The annual financial statements for the financial year that ended 31 March 2010 were prepared in compliance with the South African Statements of Generally Accepted Accounting Practices (SA GAAP) and incorporate disclosures in accordance with the accounting policies of the Water Trading Entity (WTE) and the Public Finance Management Act, 1999 (Act No. 1 of 1999).
Under this Act, the DWA is required to create a register of all water users in the country and the Act makes provision for cost recovery on services rendered by the DWA to water users. This situation necessitated a need for the Department to create a Water and Equipment Trading Account which was approved in 1983 through circular SY3/6/B under the Exchequer Act, 1999 (Act No. 1 of 1999) and was subsequently amended by the Public Finance Management Act (Act No 1 of 1999) which converted it into a Trading Entity. Under the PFMA, the WTE was required to change from cash-based accounting to accrual-based accounting.
Trading account 1: Integrated Water Resource Management: Water trading account 1 covers specifically water resources management functions. This component funds the implementation of water resources management activities in each water management area, including resources quality management, control and authorisation of water use, and the promotion of water conservation measures. It also includes the portion of the Working for Water budget that is derived from revenue from water users.
Trading account 3: Bulk Water Supply: Water trading account 3 covers consumption charges. A number of water resources schemes (dams) are operated as stand-alone schemes and do not form part of an integrated system. The supply of water is mostly in bulk to different water users groups, but the agricultural sector is by far the largest consumer. Expenditure in this component covers operations and maintenance as well as management costs, and revenue is earned through the sales of water related services, mostly supplied in bulk.
The WTE has a responsibility for conducting, at least annually, a review of the effectiveness of the system of internal control. The review of the effectiveness of the system of internal control is informed by the work of internal auditors, executive managers within the chief directorates and the Risk Management Committee, who all take responsibility for the development and maintenance of the internal control environment. This is supported through reviews and comments made by the external auditors.
In discharging this overall responsibility, the WTE is also responsible for ensuring that there is a sound system of internal control which facilitates the effective execution of the WTE's functions to achieve its objectives. The system of internal controls includes governance arrangements for the management of risks.
The Top Management of the Department reviews internal control system documentation each year and present through the executive authority a report to Cabinet detailing our system of internal control, weaknesses in control, procedures for risk management and an action plan to rectify issues raised in the report. The report should request that the Cabinet Minister formally adopt the action plan for improved financial management. It is worth noting that reports identifying progress against the financial management improvement plan have been taken to the Audit Committee and EXCO on a quarterly basis since 2007/08. A key element of this action plan included the development of a robust framework of risk identification, assessment, control and reporting, via the compilation of a regularly reviewed corporate wide, key risk register. This should be generated from the risk assessment work of individual service management teams and ultimately approved by the Top Management Team.
During the year under review, the Water Trading Entity has embarked on focusing its delivery of service through the following strategic thrusts.
Water Reconciliation Strategies are being developed to ensure that South Africa continues to have security of water supply to balance its growing water needs which are driven by social and economic imperatives. In compiling the strategies for the various key supply areas of the country the Department conducts studies involving an assessment of the availability, use and future requirements for water and how these can be "reconciled" through various strategies.
Three key reconciliation strategies were completed during the 2009/10 financial year.
The CWRS ensures water security for the northern areas of Gauteng, the platinum mines and other developments around Rustenburg and Brits and further north to Thabazimbi. This strategy also covers the water supply to the large-scale energy-related developments that are planned for the Waterberg coalfields in the vicinity of Lephalele.
Continue to supply Gauteng (North) from the Vaal River (via Rand Water).
Supply mines, towns to north from re-use of growing return flows from Gauteng (North).
Transfer surplus effluent in the Crocodile (West) River System to the Lephalale area for the requirements of the development on the coal fields.
Investigate a transfer of effluent from the Vaal River catchment to the Crocodile catchment taking into consideration water quality issues.
Implement water conservation and water demand management measures to reduce losses and thus also urban demand.
Implement measures to manage the water quality in the Crocodile River System.
The Integrated Vaal River System (VRS) supplies a vast area covering the Eastern Highveld of Mpumalanga, Gauteng, the North West goldfields around Klerksdorp, the Free State goldfields around Welkom and down to Kimberley in the Northern Cape.
A mix of actions must be implemented to ensure sufficient water of acceptable quality in the supply area.
Eradicating, unlawful water use especially in the Upper Vaal catchment area as a priority by 2011.
Implementing water conservation and water demand management measures to reduce losses, and thus also urban demand, by at least 15% by 2014.
Preparing for the implementation of Phase 2 of the Lesotho Highlands Water Project, with the current target to supply water to the system by 2019/20.
Implementing measures to manage the water quality in the Vaal River System.
This strategy essentially covers security of water supply to the area from Pietermaritzburg to Durban (west to east) and from KwaDukuza (Stanger) in the north, to Amanzimtoti in the south. It includes the eThekwini Metropolitan area and the Msunduzi and iLembe Municipalities.
Plan and implement water conservation and water demand management.
Investigate and implement large-scale re-use of treated effluent.
Plan and implement a bulk water transfer scheme from the Thukela River to the Mgeni System.
Investigations into the desalination of sea water to augment water supply in the future.
An overall assessment of the output from studies done for these three key areas is that there is currently an acceptable balance between water demand and supply. However, in order for the balance to be maintained, key actions as indicated above need to be implemented at appropriate times. The Department has set up Strategy Steering Committees for each area covered by a Reconciliation Strategy in order to ensure that all stakeholders and role-players continue to perform the role identified as their responsibility in the strategy.
The Vaal River Eastern Sub-system Augmentation Project was declared operational in June 2009. After a capital investment of R2.5 billion, water can now be conveyed through a large pipeline from the Vaal Dam to a distribution point near Secunda to ensure the provision of additional water to Eskom and Sasol at the high level of assurance of supply required to strategic industries.
Olifants River Water Resources Development Project (ORWRDP) 2a: Construction of the project has progressed to 38% complete. All the related infrastructure necessary to complete the construction of the De Hoop Dam has now been completed. This includes the construction of the new 20 km stretch of the R555 road relocated around the dam basin which was completed and opened for traffic in June 2009. The in-house construction team of the DWA is now ready for placing the concrete in this large dam at high production rates. Construction of the dam is scheduled for completion in 2012. A Project Charter was established to set social-economic targets that would promote the optimisation of the benefits for local citizens of the Sekhukhune District. The project employment of local workers peaked at 1 200 during the year. Upon completion, the stored water would be available for ensuring sufficient water for the social needs of 800 000 people on the Nebo Plateau who currently do not have a sufficient source of water. Water would also be available for new mining developments. To date R1.3 billion has been spent on this project.
Good progress has been made with preparations for the implementation of four major water augmentation projects for which construction is due to start in the new financial year. These are: the Moloko-Crocodile River Augmentation Project Phase I to supply water new the Medupi power station, coal mines and Lephalale Municipality by 2013; the Mooi-Mgeni Transfer Scheme Project which comprises the construction of the Spring Grove Dam and transfer pipeline for augmenting the domestic water supply in the Ethekwini and Umgungundlovu municipal areas by the 2013; Komati River Water Augmentation Scheme to improve the assurance of supply to Eskom's Duvha power station by 2012; and the Olifants River Water Resources Development Project Bulk Distribution System to convey the water from the De Hoop Dam to communities and new mines by 2013 and later.
Dam Safety and Rehabilitation Programme: At the end of the financial year a total of eighteen dams had been rehabilitated. The upgrading of these dams ensures: (i) sustainability of water supply, (ii) limiting water losses, and (iii) increase the spillway capacity to ensure the protection of the dam as part of disaster management. An amount of R324 million was spent this year.
95% compliance for different user groups was ensured; 99.
2 regional bulk projects were completed.
The Water Trading Entity owns, operates and maintains infrastructure with a current replacement value of some R139 billion (excluding land). This infrastructure is of strategic importance to the country as not only does it ensure the supply of water for human needs but also ensures supply of water to strategic industries, e.g. Eskom.
A high level asset register was developed in the 1990's but did not fulfill the requirements of the Department and a more detailed project was undertaken between 2007-2009.
Compliance with National Treasury requirements for the asset register (March 2008 audit) and subsequent updates, the asset register has been linked spatially using the Geographical Information System.
Compliance with the requirements of the Government-wide Immoveable Asset Management Act (GIAMA) to prepare asset management plans (asset management plans (AMPs) were developed for each of the four operational areas during 2008 and have been refined/updated during 2009 including a national plan.
Robust information on the state of infrastructure, long-term financial needs and the challenges in terms of financial viability.
Staff awareness of best practice infrastructure asset management and techniques.
Exposure of staff to implementing elements of best practice - in the form of participating in the preparation of the AMPs, compiling the asset risk register, documenting asset life-cycle strategies and expected useful life, and the componentisation of infrastructure implicit in the shift to accrual accounting.
In implementing this project, the Department pre-empted the requirements of GIAMA and spearheaded the application of the new accounting standards, providing valuable leadership in the country's water sector.
The Department controls 250 schemes of which 65 are considered national schemes where raw water is collected and transferred from one catchment to another, with the balance being schemes where raw water is collected and delivered within a particular catchment.
There are 62 international rivers in Africa which are shared by 46 countries. It is estimated that 80% of Africa's water resources is shared. In SADC, 70% of the water resources is shared. South Africa shares the waters of the Orange, Limpopo, Inkomati, Maputo and Umbeluzi Rivers with its neighbours (namely Botswana, Lesotho, Mozambique, Namibia, Swaziland and Zimbabwe) and has taken a key leadership role in ensuring continued dialogue and co-operation on water-related issues in the continent.
South Africa participates in various international water sharing agreements to foster closer co-operation for judicious, sustainable and coordinated water resource management, protection and utilasation of shared water courses. This helps in dealing with water related disasters and emergency situations. Co-basin states are also able to resolve potential conflict over limited water resources, to promote integrated development and fight poverty and water related diseases. Working together with other shared watercourse states promotes the sharing of information and expertise for solving water-related engineering, legal, environmental, political, social and economic challenges.
Shared watercourse states have an opportunity to develop joint projects with a focus on equitable benefit sharing, e.g. the Lesotho Highlands Water Project between Lesotho and South Africa, and the Komati Water Project between South Africa and Swaziland. The water-related challenges in Africa are immense and the experience gained from the joint integrated water resource management of shared watercourses is valuable.
Planning for infrastructure maintenance is based on asset management plans formulated to meet specific service level standards agreed with water users. Water users registered for water use at various schemes require not less than 95 per cent assurance of water supply.
During the current year, approximately R850 million was spent by the WTE in the development of infrastructure. This resulted in significant progress in the development of new infrastructure and in this respect the Banhoek scheme was completed. Furthermore, the Bullshoek and Klipdrift schemes underwent significant refurbishment/ rehabilitation.
Progress has been made with the construction of the De Hoop Dam in the Limpopo Province. The project aims to unlock the mineral wealth in the Middle Olifants River Catchments and at the same time bring relief to thousands of people who currently do not have safe and reliable sources of water. The Department and ESKOM are also assessing how best the proposed Project Lima, a new pumped storage scheme that forms part of the Olifants River Water Resources Development Project (Phase 2: De Hoop Dam), can be utilised to provide an additional 1 500 MW of electricity to the national grid while it is utilised to pump water to about 800 000 residents on the Nebo Plateau in the Greater Sekhukhune District Municipality.
refurbishment of the Gamtoos scheme, the Kromellenboog Dam and the Pongolaspoort Dam.
The WTE is therefore responsible for the operation and maintenance of water resource infrastructure and the subsequent cost recovery emanating from the operations. Cost recovery is managed through a tariff structure which is based on the water pricing strategy of 1999, as amended in 2007.
Currently, there is approximately R13 billion backlogs in infrastructure refurbishments which may result in an increased risk of dilapidation of infrastructure assets managed by the WTE. The WTE is unable to recover the costs for these rehabilitations as a result of deficiencies in the pricing strategy, such as the provision for capping of tariffs. To this end, in consultation with water users, the prcing strategy is to be reviewed in order to serve as a public policy instrument that will ensure that financial resources are available to sustain service delivery and infuse responsible water use in the country.
The revenue billed is also not adequate to cover the operating and maintenance requirements excluding depreciation and amortisation of approximately R1.4 billion per annum, also as a result of the said deficiencies in the pricing strategy.
The WTE, in order to discharge its duties arising from the provisions of the PFMA, embarked on a process that is intended to lay a solid foundation from which a viable WTE could be operated and which is completely distinct from those of Vote 34 (Main Account). This foundation was created by commissioning projects that would assist the entity in developing policies and processes that will create an environment that enables compliance with the prescripts of the PFMA.
the Efficiency Drive Project.
inform the tariff setting process.
Through Project Sakhile, infrastructure assets were verified and valued during the financial year in accordance with international recognised best practices to determine their fair values. A project initiated by management to determine fair values for infrastructure assets resulted in the revaluation of these assets to R87 billion, including land and servitudes for 31 March 2008 assets register. The recommendations of Project Sakhile necessitated management to undertake further refinements on the infrastructure register in order to ensure completeness and accuracy. This process led to an adjustment of the carrying values of infrastructure assets to R 61 billion.
The Efficiency Drive Project was undertaken in the current year as a result of outcomes from the efficiency recommendations made partly through process re-engineering undertaken in Project Siyanqoba.
The project seeks to build on the momentum of previous reform initiatives - Sakhile, Hlayisa, Siyanqoba, and EWRM.
funding inadequate for infrastructure life-cycle needs resulting in growing backlogs and escalating risk of dilapidation of infrastructure.
establishment of an effective business performance framework.
The interventions enlisted above are expected to result in improvement in efficiencies within the operations of the entity and it is expected that embedded value will be unlocked through these processes as well.
The Annual Financial Statements have been submitted with my approval as the Accounting Officer.
I have audited the accompanying financial statements of the Water Trading Entity (WTE) which comprise the statement of comprehensive income as at 31 March 2010, the statement of financial position, statement of changes in net assets and cash flow statement for the year then ended, and a summary of significant accounting policies and other explanatory information, set out on pages 189 to 233.
The accounting officer is responsible for the preparation and fair presentation of these financial statements in accordance with the South African Statements of Generally Accepted Accounting Practices (SA Statements of GAAP) and in the manner required by the Public Finance Management Act of South Africa (PFMA). This responsibility includes: designing, implementing and maintaining internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; selecting and applying appropriate accounting policies; and making accounting estimates that are reasonable in the circumstances.
Treasury Regulation 17.1.2 requires the source of the transactions in a clearing account to be readily identifiable, as well as monthly reconciliations to be performed to confirm the balance of the account. This information could not be provided for the transactions in the clearing account disclosed as part of the unallocated receipts note 10.2 to the financial statements. In addition the transactions that have been journalised out of this clearing account could not be supported by adequate supporting documentation. The entity's records did not permit the application of alternative audit procedures regarding this clearing account. Consequently, I did not obtain sufficient appropriate audit evidence to satisfy myself as to the existence, obligations, completeness, and valuation and allocation of this clearing account.
Excluded from water related services revenue is an amount of R231 791 894 relating to "return to sender" invoices. The SA Statements of GAAP, IAS 18 (AC 111), Revenue requires that revenue should be recorded when it is probable that economic benefit will flow to the entity. There was an inadequate system of control to assess the probability of the recording of these amounts as revenue on which I could rely on for the purpose of my audit, and there were no satisfactory audit procedures that I could perform to obtain reasonable assurance that all the water related service revenue was properly recorded. Consequently, I was unable to obtain sufficient appropriate audit evidence to satisfy myself as to the completeness of water related service revenue of R1 643 715 as disclosed in statement of comprehensive income.
There was no system of control over the recording of outstanding invoices at year-end on which I could rely for the purpose of my audit, and there were no satisfactory audit procedures I could perform to obtain reasonable assurance that all outstanding invoices have been accrued or provided for. Consequently, I am unable to conclude on the completeness of the accrual liability in the annual financial statements.
I was unable to verify the completeness, existence and valuation of water user debtors as disclosed in note 10.1 to the financial statements. There were a limited amount of debtors that confirmed their balances and the alternative audit procedures did not render satisfactory results. Consequently, I could not obtain reasonable assurance that these debtors balance exist and are disclosed at the correct value in the annual financial statements. In addition we could not conclude on the completeness of the trade debtors due to the limitation in the completeness of the water related services revenue.
The entity could not provide sufficient appropriate audit evidence to support the disclosure made in terms of IFRS7 and related standards in note 22 to the financial statements. Consequently, I did not obtain sufficient appropriate audit evidence to satisfy myself as to the valuation, rights and obligations, completeness, classification and understandability of the disclosure made in these notes.
In my opinion, except for the effects of the matters described in the Basis for qualified opinion paragraphs, these financial statements present fairly, in all material respects, the financial position of the Water Trading Entity as at 31 March 2010 and its financial performance and its cash flows for the year then ended, in accordance with SA Statements of GAAP and in the manner required by the Public Finance Management Act of South Africa (PFMA).
As disclosed in note 27 to the financial statements, irregular expenditure to the amount of R6 907 000 was incurred, as proper tender processes had not been followed.
With reference to note 19 to the financial statements, WTE is the defendant in a number of lawsuits. The ultimate outcome of these matters cannot currently be determined, and no provision for any liability that may result has been made in the financial statements.
As disclosed in note 23 to the financial statements, the corresponding figures for the year ended 31 March 2009 have been restated as a result of errors discovered during the year ended 31 March 2010 in the financial statements of WTE at, and for the year ended, 31 March 2009.
As disclosed in note 7 to the financial statements, impairment of infrastructure assets of R446 533 000 occurred as a result of assets not being able to functionally perform as contemplated when they were initially designed, mainly because of limited utilisation and loss of functionality due to siltation.
As disclosed in note 10.1 to the financial statements, R115 197 000 of long-outstanding debt has been written of due to management's assessment that the recoverability of these amounts are slim.
In terms of the PAA of South Africa and General notice 1570 of 2009, issued in Government Gazette No. 32758 of 27 November 2009 I include below my findings on the report on predetermined objectives, compliance with the PFMA, Public Service Act (PSA), Preferential Procurement Policy Framework Act (PPPFA) and financial management (internal control).
Validity: Has the actual reported performance occurred and does it pertain to the entity i.e. can the reported performance information be traced back to the source data or documentation?
Accuracy: Amounts, numbers and other data relating to reported actual performance has been recorded and reported appropriately.
The reported targets were not valid and accurate on the basis of the evidence provided to support the reported targets.
The internal audit function did not substantially fulfil its responsibilities for the year, as set out in TR 3.2.
Contrary to the requirements of TR 17 the authority utilised a suspense account, and did not implement adequate controls to clear the items on a monthly basis.
In contradiction with section 38 (1) (a), the Entity did not perform adequate creditor reconciliations for major supplier balances.
I considered internal controls relevant to my audit of the financial statements and the report on predetermined objectives and compliance with the PFMA, PSA and PPPFA, but not for the purposes of expressing an opinion on the effectiveness of internal control. The matters reported below are limited to the deficiencies identified during the audit.
An effective organisational structure that places people with appropriate skills has not been established.
Actions are not taken in a timely manner to address the risks relating to the achievement of complete and accurate financial reporting.
Effective financial systems and management thereof have not been implemented to ensure that all water-related services revenue was recorded in the correct accounting period and to ensure that suspense accounts are cleared on a monthly basis.
Manual or automated controls are not designed to ensure that all accruals are recorded at year end.
The financial statements are not reviewed for completeness and accuracy prior to submission for audit purposes, and as a result the financial statements were subject to material amendments resulting from the audit.
Internal control deficiencies were not identified and communicated in a timely manner to allow for corrective action to be taken.
The chief director - Financial Management was suspended during the year under review and the investigation is still ongoing.
The accounting officer of the Department of water affairs was placed on special leave and at the date of this report the department was busy with the investigation.
A performance audit was conducted during the year under review on the use of consultants. The audit covered the period April 2007 to March 2010 and is currently in the reporting phase. The findings will be reported in a separate report.
The financial statements have been prepared in accordance with South African Statements of Generally Accepted Accounting Principles (SA GAAP) and the Public Finance Management Act (PFMA), Act No. 1 of 1999 (as amended by Act No. 29 of 1999), except where specifically indicated, using historical cost as modified by the revaluation of property, plant and equipment. The financial statements are prepared on a going concern basis.
The following new and revised standards and interpretations have also been adopted in these financial statements. Their adoption has not had any significant impact on the amounts reported in these financial statements but may affect the accounting for future transactions or arrangements.
Revenue comprises the fair value of the consideration received or receivable for water related services. Revenue is shown net of value added tax.
Construction contract revenue is recognised by reference to the stage of completion of the contract when the outcome of a construction contract can be estimated reliably. The stage of completion is assessed by reference to surveys of work performed. When the outcome of a construction contract cannot be estimated reliably, contract revenue is recognised only to the extent of contract costs incurred that are likely to be recoverable in the period in which they are incurred. An expected loss on a contract is recognised immediately in the statement of comprehensive income.
Interest income is recognised on a time proportion basis taking into account the principal outstanding and the effective rate over the period to maturity when it is determined that such income will accrue to the entity.
Government grants that are provided for compensation of infrastructure development are recorded as deferred income when they become receivable and are then recognised as income on a systematic basis over the period necessary to match the grants with the related costs that they are intended to compensate.
Government grants that are provided for compensation of operating expenses or losses already incurred or for the purpose of giving immediate financial support to the entity with no future related costs are recorded as income in the statement of comprehensive income in the period that they become receivable.
Items of infrastructure property, plant and equipment are stated at revalued amounts, less accumulated depreciation and accumulated impairment losses. Additions on items of infrastructure property, plant and equipment are recorded at cost.
Cost comprises all expenditure directly attributable to bringing the asset to the location and condition necessary for it to be capable of operating in the manner intended by management.
Revaluation of all major infrastructure assets is carried out every 10 years. This revaluation is carried out throughout the particular revaluation year so as to determine the value as at the end of that financial year. Increases in carrying value arising on revaluation are credited directly to revaluation reserve and recognised in the statement of comprehensive income as other comprehensive income.
Any accumulated depreciation and any accumulated impairment loss is eliminated against the gross carrying amount of the asset upon revaluation. On disposal of previously revalued property, plant and equipment, any amount relating to that asset remaining in the revaluation reserve is transferred to accumulated deficit.
Depreciation is calculated on a straight line basis over the expected useful lives of each major component of infrastructure assets. Depreciation on infrastructure assets is charged to the statement of comprehensive income.
Subsequent costs are included in the assets carrying amount or recognised as a separate asset only when it is probable that the future economic benefits associated with the item will flow to the entity and the cost of that item can be reliably measured.
Capital projects under construction are stated at cost. Depreciation only commences on these assets when they are in the condition necessary for them to be capable of operating in the manner intended by management.
Items of infrastructure property, plant and equipment are tested for impairment whenever there are impairment indicators. An asset's carrying amount is written down to its recoverable amount if the asset's carrying amount is greater than its estimated recoverable amount.
The residual values and useful lives of all infrastructure assets are reviewed at the end of each financial year. Where there are changes in the residual values or useful lives of assets, these are accounted for as a change in estimate in accordance with IAS 8.
Gains or losses arising from de-recognition of an item of infrastructure asset is recognised directly in surplus or deficit in the statement of comprehensive income when the item is derecognised.
Items of moveable property, plant and equipment are stated at cost less accumulated depreciation and any accumulated impairment losses.
Depreciation is calculated on a straight line basis over the expected useful lives of the moveable assets. Depreciation on moveable assets is charged to the statement of comprehensive income.
Costs incurred subsequent to acquisition are included in the asset's carrying amount or recognised as a separate asset only when they meet the definition of an asset, it is probable that the future economic benefits associated with the item will flow to the entity and the cost of that item can be reliably measured.
All items of moveable property, plant and equipment are tested for impairment whenever there are indications of impairment. An asset's carrying amount is written down to its recoverable amount if the asset's carrying amount is greater than its estimated recoverable amount. Recoverable amount is the higher of fair value less cost to sell; and value in use. The impairment loss is recognised in surplus/deficit in the statement of comprehensive income.
A reversal of the impairment loss is recognised directly in surplus or deficit in the statement of comprehensive income.
The residual values and useful lives of all moveable assets are reviewed at the end of each financial year.
Profit/loss on disposal of property, plant and equipment is recognised directly in surplus/deficit in the statement of comprehensive income.
Software and licenses are recognised and measured at cost less accumulated amortisation and accumulated impairment losses.
Other intangible assets are carried at cost less any impairment losses.
Amortisation is charged to the statement of comprehensive income on a straight-line basis over the estimated useful live of intangible assets, unless such useful lives are indefinite.
Intangible assets with an indefinite useful life are tested for impairment at the end of each financial year and whenever there is any indication that the intangible asset could be impaired.
Any impairment loss of an intangible asset with an indefinite useful life is treated as a revaluation decrease in accordance with IAS 38 and recognised directly in the statement of comprehensive income as other comprehensive income in the period in which it occurs.
Any impairment loss of an intangible asset with a definite useful life is recognised directly in surplus/deficit for the period.
The amortisation period and the method of amortisation of intangible assets with a finite useful life are tested for impairment annually at the end of each reporting date. Any changes in the useful lives, residual values of amortisation period are accounted for as a change in estimate in accordance with IAS 8.
Other intangible assets are assessed to have an indefinite useful life.
The entity classifies financial instruments, or their component parts, on initial recognition as a financial asset, a financial liability or an equity instrument in accordance with the substance of the contractual arrangement.
Financial assets and financial liabilities are recognised on the entity's statement of financial position when the entity becomes party to the contractual provisions of the instrument.
Financial instruments are measured initially at fair value.
Transaction costs on financial instruments at fair value through surplus or deficit are recognised in surplus or deficit.
Regular way purchases of financial assets are accounted for at trade date.
trade and other payables.
Trade and other receivables are initially recorded at fair value and are carried at amortised cost using the effective interest rate less provision for impairment. The provision for impairment is established where there is objective evidence that the entity will not be able to collect all amounts due according to the original terms of the receivables.
Trade and other receivables are classified as loans and receivables.
Cash and cash equivalents are carried at cost in the statement of financial position. For the purposes of the cash flow statement, cash and cash equivalents comprise cash on hand, short term deposits held at call with banks, other short-term highly liquid investments with maturities of three months or less, and bank overdrafts.
Cash and cash equivalents are classified as available for sale financial assets.
Trade and other payables are recognised initially at fair value and subsequently measured at amortised cost using the effective interest rate.
Trade and other payables are classified as financial liabilities measured at amortised cost.
Exposure to continuously changing market conditions has highlighted the importance of financial risk management as an element of control for the entity.
The entity finances its operations primarily from cash receipts from customers and augmentation income received from the government. There are primarily two financial risks that the entity faces in the normal course of its operations. These are the interest rate risk and the credit risk.
The entity has no long term debt and such has very limited exposure to material losses as a result of fluctuations in interest rates. The entity complies with the PFMA requirements in that it always endeavours to pay its suppliers within 30 days of receipt of an invoice.
Potential areas of credit risk consist of trade accounts receivable and cash investments.
Accounts receivable consists mainly of government owned institutions and government owned entities.
The entity monitors the ageing of debtors on an ongoing basis and engages their customers where there is an indication of possible problems with regard to recovery from customers. Provision is made for both specific and general bad debts and at the end of the financial year management did not consider there to be any material credit risk exposure that was not already covered by the impairment provision.
Cash investments are investments made by the entity with the South African Reserve Bank and credit risk is considered to be acceptably low.
Inventory is carried in the financial statements at the lower of cost and net realisable value. Cost is determined using the weighted average cost method. Net realisable value is the estimated selling price in the ordinary course of business less the costs of completion and selling expenses. Any write down of inventory to net realisable value is recognised immediately in the statement of comprehensive income as an expense.
Provisions are recognised when the entity has a present legal or constructive obligation as a result of past events and it is probable that an outflow of resources embodying economic benefits will be required to settle the obligation and a reliable estimate of the amount of the obligation can be made.
Management also assesses whether the entity can avoid the liability without incurring significant penalties. If the liability can be avoided, the present obligation would not be present and a provision will not be raised.
A lease is classified as an operating lease if it does not transfer substantially all the risks and rewards incidental to ownership.
Payments made under operating leases are charged to the statement of comprehensive income on a straight-line basis over the period of the lease.
When an operating lease is terminated before the end of the term of the lease, any payments required to be made by the entity by way of penalties are recognised as an expense in the period in which the termination occurred.
Finance leases, which transfer to the entity substantially all the risks and benefits incidental to ownership of the leased item, are capitalised at the inception of the lease at the fair value of the leased property or, if lower, at the present value of the minimum lease payments.
Lease payments are apportioned between the finance charges and reduction of the lease liability so as to achieve a constant rate of interest on the remaining balance of the liability. Finance charges are reflected in surplus or deficit in the statement of comprehensive income.
Capitalised leased assets are depreciated over the shorter of the estimated useful life of the asset and the lease term, if there is no reasonable certainty that the entity will obtain ownership by the end of the lease term.
Contingent assets and liabilities are not recognised in the financial statements but are disclosed as such in the notes to the financial statements. Contingent liabilities represent a possible obligation that arises from past events and whose existence will be confirmed only by an occurrence or non-occurrence of one or more uncertain future events not wholly within the control of the entity.
the amount of the obligation cannot be measured with sufficient reliability.
Contingent assets represent possible assets that arise from past events and whose existence will be confirmed only by an occurrence or non-occurrence of one or more uncertain future events not wholly within the control of the entity.
Annual leave is provided for over the period that the leave accrues. In the case of accumulating compensated leave benefit, the entity recognises the cost when the employee renders the service that increases their entitlement to the future compensated absences. In the case of non-accumulating compensated absences, the entity recognises the leave cost when the absence occurs.
As a liability in cases where the amounts have not yet been paid. Where the amount paid exceeds the undiscounted amount of the benefits due, the entity recognises the excess as an asset to the extent that the overpayment will lead to a reduction of future payments or a cash refund.
As an expense, unless the entity uses the services of employees in the construction of an asset and the benefits received meet the recognition criteria of an asset, at which stage it is included as part of the related property, plant and equipment or intangible asset item.
The entity recognises the expected cost of performance bonus payments where there is a present legal or constructive obligation to make these payments as a result of past events and a reliable estimate of the obligation can be made by the entity. The entity considers the present obligation to exist when the entity has no realistic alternative but to make the payments related to performance bonuses.
Termination benefits are payable whenever an employee's employment is terminated before the normal retirement date or whenever an employee accepts voluntary redundancy for these benefits or resigns. The entity recognises termination benefits when it is demonstrably committed either to terminate the employment of current employee(s) according to a detailed formal plan without possibility of withdrawal or to provide termination benefits as a result of an offer made to encourage voluntary redundancy. Benefits falling due more than twelve months after the end of the financial year are discounted to present value.
The entity provides retirement benefits for its employees through a defined contribution plan. Once the entity has paid the contributions, the entity has no further payment obligations. The contribution paid is charged to employee expenses in the same year as the related service is provided.
The entity contributes to the employees' medical benefits through a contribution to the employee's medical aid scheme. Once the entity has paid the contributions, the entity has no further payment obligations as such no provision is made for post retirement medical benefits. The contribution paid is charged to employee expenses in the same year as the related service is provided.
The entity constitutes part of the national government in terms of the Public Finance Management Act (Act no. 1 of 1999), as amended. Public and trading entities within the National Government sphere are considered to be related parties.
Goods and services are sold and / or purchased to or from related parties on an arm's length basis at market-related prices.
Construction work in progress represents the total cost spent by the entity on infrastructure projects that have not yet been completed at reporting date. It is measured as the total cost that the entity has incurred to date on infrastructure projects.
Cost includes all expenditure related directly to specific projects and an allocation of fixed and variable overheads incurred in the entity's construction activities based on normal operating capacity. Construction work in progress is presented as part of property, plant and equipment in the statement of financial position.
The entity records and reports separately amounts of irregular, unauthorised, fruitless and wasteful expenditure discovered.
Amounts of irregular, unauthorised, fruitless and wasteful expenditure discovered are recognised as receivables to the extent that these are recoverable and are recognised as expenses to the extent that they are not recoverable.
Finance cost is recognised as an expense in surplus or deficit in the statement of comprehensive income in the period in which it is incurred, using the effective interest rate method.
Where necessary, comparative figures have been adjusted to correct errors identified in the current year but relating to prior years, and to conform to changes in presentation in the current year.
Finance lease assets and liabilities.
These restatements resulted in a restatement of amounts previously reported for reserves and also resulted in the restatement of amounts previously disclosed in the statement of cash flows.
The entity reviews its activities subsequent to its reporting date to determine whether these represents conditions that existed at reporting date in order to determine if these should be presented in the annual financial statements.
The collective assessment highlighted the fact that 60% of trade receivables assessed collectively that have been owing for over 150 days belong in the bulk payers category. The entity concluded that an impairment provision of 30% would be reasonable in the light of the evidence at its disposal.
The entity limits its exposure to credit risk by transacting with customers that have a sound credit history. Given this, the entity does not expect any counterparty to fail to meet its obligations.
The Water Trading Entity has no foreign exchange rate exposure.
Restatement of infrastructure assets on 01/04/2007 (23.
During the current year the WTE identified through verification and valuation of major water infrastructure project that some of the infrastructure asset classes required refinement and sub-componentisation. This project resulted in sub-componentisation of large pumps, motors and valves and correction of duplicated costs.
During the current year the WTE identified that some of assets included as part of infrastructure assets of the entity were not owned by the entity. It was identified that WTE erroneously treated the Driekoppies dam owned by KOBWA as infrastructure of the entity, whilst the WTE does not have ownership of the dam. The WTE has the right of use of the dam. It was further identified that the pipelines and reservoir on Usuthu scheme built by Eskom were erroneously included as part of the WTE's infrastructure assets.
Furthermore it was identified that the Pretoria West Building which is built on state land was erroneously included as part of the WTE infrastructure assets and in terms of the law all buildings belong to the Department of Public Works. The entity enjoys use of the building and pays the Department of Public Works for use of the building. It was further identified that some small assets belonging to Amatola and the irrigation board were erroneously included as part of infrastructure owned by the entity as these were transferred long time ago to these entities.
During the current year the WTE identified assets that were renewed in prior period but the old assets values were not removed as infrastructure assets.
During the current year the WTE identified errors in values of infrastructure assets that required further adjustment as result of change in values using more accurate lengths for longitudinal assets (i.e. canals, pipelines and tunnels) based on spatial cleaning exercise undertaken in 2009.
During the current year the WTE identified a material error in the accounting for movable assets in the prior year. Assets were carried at incorrect cost, assets were duplicated on the asset register, assets disposed were included on the asset register and assets found on the floor were not included in the asset register.
During the current year, the WTE identified a material error in the treatment of VAT balances taken on when they migrated from BAS to SAP. VAT receivable was incorrectly raised as a result of incorrect take on balances.
During the current year, the WTE identified a material error in the treatment of accommodation costs payable to construction staff balances taken on when they migrated from BAS to SAP. A payable was incorrectly raised as a result of incorrect take on balances.
Reclassification of property from owned land to servitudes on 01/04/2008 (23.
During the current year, WTE identified through the refinement process related to verification and valuation of major water infrastructure that certain items of land included in the WTE's annual financial statements in prior years was in fact not owned by the WTE. The WTE however has the right to use the land. This means that the WTE has servitude rights over the land and not land ownership rights. This resulted in the transfer of this land to servitudes.
Reclassification of trade and other payables on 01/04/2008 (23.
During the current year, the WTE identified a material error in the classification of subsidies paid to farmers and receivable from main account, these accounts were incorrectly classified as trade and other payables.
During the current year, the WTE identified a material error in the classification supplier payments suspense accounts, these accounts were incorrectly classified as trade and other payables.
Reclassification of trade and other receivables on 01/04/2008 (23.
During the current year, the WTE identified a material error in the classification of cashier deposits, these accounts were incorrectly classified as trade and other receivables.
Reclassification of assets under construction on 01/04/2008 (23.
During the current year, the WTE identified a material error in the classification of construction work done on behalf of third parties. This has been subsequently been reclassified to current assets. These accounts were incorrectly classified as non-current assets.
Reclassification of lease expenditure on 01/04/2008 (23.
During the current year, the WTE identified a material error in the classification of maintenance costs on lease contracts. These costs were incorrectly classified as lease expenditure.
During the current year, the WTE identified a material error in the classification of provision for pumping costs. These costs were incorrectly classified as other payables.
During the current year the WTE identified repairs and maintenance costs that were incorrectly capitalised as part of infrastructure assets and this was reclassified to operating expenditure.
During the current year the WTE identified that it had erroneously eliminated the Lesotho hydrological gauging weirs as part of the entity's infrastructure assets and further sub-componentisation, mainly valves at pump stations and dam outlets.
During the current year the WTE identified that it had been incorrectly calculating the depreciation on infrastructure assets and using incorrect costs/revalued amounts in its calculations.
Increase in release of depreciation as a result of revised asset values.
Correction of prior period error of trade and other receivables on 01/04/2008 (23.5, 23.6, 23.7 and 23.
During the prior year the WTE identified a material error in the manner in which it accounted for fruitless and wasteful expenditure which was classified as trade and other receivable. A receivable for a potential asset with no future inflow of economic benefits was recognised and a corresponding payable for a potential liability with no future outflow of economic benefits was also recognised.
During the current year, the WTE identified a material error in the accounting for finance income on overdue accounts in the prior year. Interest was incorrectly raised on debtors who were provided for as doubtful.
During the current year, the WTE identified a material error in the accounting for finance costs in the prior year. Interest was incorrectly raised on recognition of revenue.
Correction of prior period errors on leased assets on 01/04/2008 (23.
During the prior year the WTE identified a material error in the accuracy of the lease register. Some of the operating lease costs were incorrectly classified as leased assets.
Correction of prior period errors on lease liability on 01/04/2008 (23.
During the prior year the WTE identified a material error in the treatment of accuracy of the lease register. Some of the operating lease costs were incorrectly classified as leased assets.
Correction of prior period errors on assets under construction on 01/04/2008 (23.
The WTE constructs certain infrastructure assets for use in its operations. During the previous year an assessment was performed to identify all construction assets in progress that meet the recognition criteria of an asset per IAS 16. Certain assets that meet the recognition criteria were not recognised accordingly and certain items that do not meet the recognition were incorrectly capitalised.
The useful life of computer software was estimated in prior years to be 3 years. In the current period management have revised their estimate to 6 years. The effect of this revision has decreased the amortisation charges for the current and future periods by R 6,576,793.
The annual financial statements have been prepared on the basis of accounting policies applicable to a going concern entity. This basis presumes that funds will be available to finance future operations and that the realisation of assets and settlement of liabilities, contingent obligations and commitments will occur in the ordinary course of business.
Included in R 1 862 000 is an amount of R 1 168 000 that was condoned after the 31st of March 2010. The R 384 000 was also condoned after the 31st of March 2010.
31March 2010 R'000 31 March 2009 R'000 28.
Exposure to interest rate risk, credit risk and liquidity risk arises in the normal course of the entity's business.
Interest rates affect the entity in two ways. Firstly the changes in interest rate have an impact on the amount of interest that the entity charges its customers. The interest revenue recognised by the entity can therefore vary in accordance with changes in the interest rate. The entity does not take any specific steps to manage this risk as it does not rely heavily on this source of income.
A change in interest rates at the reporting date will not have a significant impact on the entity's profit or loss and cash flows.
The entity has a credit risk policy in place and exposure to credit risk is monitored on an ongoing basis. Credit evaluations are performed on all customers.
The entity manages its cash position and future outflows on an ongoing basis. The entity ensures that it has sufficient cash on demand to meet expected operational expenses and liabilities, as they fall due.
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Phila Portia "Zandi" Ndwandwe (Posthumous): For demonstrating bravery and valour and for sacrificing her life for her comrades in the cause for a non-racial, non-sexist and democratic South Africa.
Harry Themba Gwala (Posthumous): For displaying enormous courage and bravery during the struggle against apartheid.
Kgosi Galeshewe (Posthumous): For his bravery in leading a rebellion against the repressive laws of the colonialist. government and for economic emancipation of his people.
G5 Unit: For displaying acts of bravery and valour during the struggle for the liberation of the people of South Africa.
Makhosi "Tholi" Nyoka (Posthumous): For her bravery and for sacrificing her life in the cause of justice, freedom and democracy in South Africa.
Ernst van Dyk: For his excellent achievements in Paralympics and serving as a role model to all South Africans.
Grant Khomo (Posthumous): For his excellent achievement in the field of rugby and his contribution as an excellent sport administrator.
Peki Emelia Mkhwebane: For her excellent contribution to music and putting the Ndebele music on the world stage.
Makana Football Association: For its contribution to the field of soccer in the face of overwhelming odds on Robben Island.
Winston Ntshona: For his excellent contribution to theatre and the arts scene in South Africa.
Percy Tseliso Qoboza (Posthumous): For his excellent contribution to the field of journalism and the struggle for a free and democratic South Africa.
Jonas Gwangwa: For his exceptional contribution to music and the struggle for freedom in South Africa.
Hugh Masekela: For his exceptional contribution to music and the struggle against apartheid in South Africa.
Malebone Susan Luthuli: For her excellent contribution and dedicated service to the community and championing the rights of orphans and vulnerable children.
Malefu Mphathane: For her excellent contribution to the education and upliftment of her community.
Imtiaz Sooliman: For his excellent contribution through the Gift of the Givers Foundation to humanitarian aid in South Africa and humanitarian relief missions in various countries.
Vincent Naidoo (Posthumous): For his outstanding courage in fighting crime in Mitchells Plain and for sacrificing his life for the safety of his community.
James Mata Dwane (Posthumous): For his contribution to the formation of the African Methodist Episcopal Church and educational development of Africans.
Sonia Beryl Bunting (Posthumous): For her excellent contribution to the struggle for a non-racial, non-sexist, just and democratic South Africa.
Nongolozi Jameson Mngomezulu (Posthumous): For dedicating his life to the struggle for a democratic, free and non-racial South Africa.
Jabulani Nobleman "Mzala" Nxumalo (Posthumous): For his excellent contribution to the struggle for a free and democratic South Africa.
James Randolph Vigne: For his contribution to the struggle for a democratic, free and non-racial South Africa.
Stephen Dlamini: For his exceptional contribution to the struggle for liberation, workers' rights and a non-racial and non-sexist South Africa.
Monique Zaahl: For her outstanding contribution to the field of genetics and research into disorders resulting from iron overload.
Douglas Stuart Butterworth: For excellent contribution to the betterment of the environment and sustainability of fisheries.
Johan RE Lutjeharms: For his excellent contribution to and achievements in oceanographic science.
Vernon Berrange (Posthumous): For his excellent contribution to the struggle against racial oppression in South Africa.
George Houser: For his exceptional contribution to the struggle against colonialism, racism and apartheid through supporting the liberation movement.
Lord Joel Joffe: For his excellent contribution to the struggle against racial oppression in South Africa.
Herbert and Joy Kaiser: For their excellent contribution to creating opportunities for medical education for black South Africans.
Sadako Ogata: For her achievement in the eradication of apartheid, negotiated settlement, and contributing to the development of post-apartheid South Africa and the development of the African continent.
Joseph Sepp Blatter: For his exceptional contribution to the field of football and support for the hosting of the FIFA World Cup on the African continent.
President JosÉ Eduardo dos Santos: For his exceptional contribution to the fight against apartheid and the support of liberation movements in southern Africa.
Issa Hayatou: For his exceptional contribution to the development of football on the African continent.
Jacque Rogge: For his exceptional contribution to the struggle against apartheid in South Africa through the International Olympic Committee.
Last modified: 29 April 2010 10:35:47.
<fn>GOV-ZA.2010artsandculturefinalweekactivitiesEn.2012-02-10.en.txt</fn>
The exhibition was officially launched on the 25th June 2010 by the Minister at Constitution Hill and the exhibition is currently available at six venues namely: Polokwane Museum, Bloemfontein Museum, Red Location Museum, Constitution Hill Waterfront (Cape Town) and King Shaka Airport in Durban.
The PVA in Nongoma, KZN and Vryburg Showgrounds, Kopela and Moshana Village halls will continue screening the semi-finals as well as the final games of the World Cup.
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<fn>GOV-ZA.2010cssEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2008/08052117151002.
URL: http://www.info.gov.za/speeches/2007/07112213451001.
<fn>GOV-ZA.2010fanguide2En.2012-02-10.en.txt</fn>
This simple guide is aimed at ensuring that your experience of the 2010 Fifa World Cup is safe, secure and unforgettable. Let's keep the beautiful game, beautiful.
Download your Fan Guide here.
Open-air big-screen gatherings to watch Fifa World Cup matches were first held in Korea during the 2002 tournament, and then made part of the official Fifa programme during the 2006 World Cup, held in Germany.
There they attracted more than 18-million people to 12 different events - one, held at the Brandenburg Gate in Berlin, drew a whopping 9-million fans to a single event. Fan Fests have become so overwhelming popular that in 2010 South Africa is set to throw massive football parties of its own.
The 2010 Fifa World Cup will see Fan Fests held in each of the nine host cities; Johannesburg, with two stadiums, will host two festivals. Fans who can't make it to the stadium will be able to enjoy the excitement and atmosphere of World Cup football and watch all matches live on world-class giant screens in a safe and secure environment - for free.
There will be live music and entertainment as well as lots of good South African food and drink on sale, and fans will get the chance to learn the Diski Dance, the official World Cup dance which combines funky South African moves with popular football tricks.
The Fan Fest venues will be open on all match-playing days. And remember, entrance is free.
To get the most out of the World Cup vibe, here are the details of South Africa's 2010 Fan Fests.
The Soweto Fifa Fan Fest is located in the heart of the bustling township of Rockville in Soweto, at the series of fields which make up Elkah Stadium. The venue is conveniently located next to the Thokoza Park station of Johannesburg's new bus rapid transit system. Up to 40 000 people can be hosted at Elkah Stadium.
On the northern side of Johannesburg, close to both Alexandra township and the Sandton central business district, lies InnesFree Park, the venue for the Sandton Fifa Fan Fest. This park, with its rolling grass and water features, will provide a picturesque location for the event, with the Sandton skyline as a backdrop.
The Grand Parade will be the venue for the 2010 World Cup Fifa Fan Fest in Cape Town. Situated at the heart of the city, the square is surrounded by the Castle of Good Hope (South Africa's oldest building), the Cape Town City Hall and the newly renovated Cape Town Station. The square holds a lot of historical significance in South Africa having shot to international acclaim when struggle icon, Nelson Mandela, made his famous first public address here after his release from prison in February 1990.
The Grand Parade has undergone extensive upgrades in preparation for the world's greatest showpiece. Getting to the Fifa Fan Fest will be easy, with the overhauled Cape Town Station just a few hundred metres from the venue. Or through the Fan Walk, which stretches from the Cape Town Stadium through the centre of Cape Town to the Grand Parade.
Distance to stadium: 2.
Tshwane/Pretoria is the administrative capital of South Africa. The city hosts the second-largest number of embassies in the world, as well as various foreign missions, trade delegations, consulates and international aid organisations.
The venue for the Fifa Fan Fest in Tshwane/Pretoria will be the Centurion Cricket Ground, located just outside the city's central business district. The Cricket Ground has been the host to many large sporting events in the past, and will provide numerous onsite facilities for visiting fans. With both seating and standing options, viewing the games on the 50sqm screen couldn't be more comfortable, with entertainment between games that will bring you to your feet.
This Fifa Fan Fest is the only one in South Africa situated on the beach. Can you think of a better way to spend a sunny day than watching great football and catching some waves in the warm Indian Ocean at half time?
After the football, you can walk to your hotel or on to any one of the many restaurants and pubs along the beachfront promenade. Durban Stadium is also within walking distance from the Fifa Fan Fest.
Distance to stadium: 3.
The Bloemfontein Fifa Fan Fest will be located at the Mangaung Outdoor Sports Centre in the township of Rocklands, Bloemfontein, 15 minutes from the city centre.
The venue of numerous events in the past, the area around the Mangaung Outdoor Sports Centre has undergone a significant upgrade in preparation for the 2010 events.
Within the venue, five-a-side football pitches will be available, to ensure there will not be a shortage of activity. You will be able to get to and from the Fifa Fan Fest on a dedicated shuttle that runs from the centre of town, or will be able to drive there yourself and park in a secure area close to the venue.
Located just outside the Nelspruit city centre, Bergvlam High School will be the venue for the Fifa Fan Fest during the 2010 World Cupâ. Known as the location of the annual Innibos Arts Festival, an event which attracts over 100 000 festival goers over a three-day period, Bergvlam High School is a well-known large events arena. Following a significant upgrade of its facilities, the venue will provide a fantastic platform for the Fifa Fan Fest. Ample parking spaces will be available within walking distance of the event, with the city providing alternative transport arrangements to ensure that you are able to move between the stadium and the Fifa Fan Fest with ease.
The Port Elizabeth Fifa Fan Fest based at St Georges Park - the oldest park in the city and the site of the second-oldest cricket stadium in the country.
In the heart of the city, the stadium is a natural venue for picnics and has a host of facilities including an open air theatre, public swimming baths and the Nelson Mandela Bay Metropolitan Art Museum.
The stadium bowl and surrounding area will be transformed into the site of the Fifa Fan Fest.
You will be able to get to and from the Fifa Fan Fest on shuttle buses, or will be able to drive there yourself and park in secure parking areas within walking distance from the venue.
The Polokwane Fifa Fan Fest will be based at the city's 107-year-old cricket club. Situated a short distance from the new Peter Mokaba Stadium, the vast fields of the cricket club will provide a venue with a capacity of about 20 000 spectators. There will be both seating and standing options, with great views of the giant screens. Hospitality packages will also be available for those of you who wish to enjoy a more exclusive viewing experience. Getting to the Polokwane Fifa Fan Fest will be made easy due to its close proximity to the central business district, as well as the use of park/ ride facilities and shuttle buses.
Distance to stadium: 1.
The Rustenburg Fifa Fan Fest will be based at Fields College, a short distance from the city centre, with the Rustenburg Kloof as a picturesque background for the gathered crowds. With a capacity of more than 20 000 people, the venue will be able to cater for those of you who aren't lucky enough to get your hands on one of the elusive match tickets.
Both parking and alternative transport arrangements will be in place to ensure easy access to the onsite festivities.
Read more: http://www.mediaclubsouthafrica.
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SAPS members, especially in areas where Home Affairs has no offices o seal page 2 of the application form BI-1663.
o transmit the death certificate to the next-of-kin.
<fn>GOV-ZA.2010fifaworldcupEn.2012-02-10.en.txt</fn>
WARNING!
WARNING! Don't bag a bug!
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The City of Cape Town is implementing an official 2010 FIFA World Cupâ greening programme to make the soccer world cup as environmentally responsible as possible.
The programme, called Green Goal 2010, is supported by the Department of Environmental Affairs and Tourism (DEAT), Norway, Germany and the United Nationals Environment Programme (UNEP) and is being arranged by FIFA's Organising Committee in collaboration with local government.
It incorporates measurable, sustainable development principles into every aspect of the event, including energy, waste, water, transport and hospitality.
An action plan has been developed to implement the programme, with indicators, milestones, budgets, potential partners, timelines and targets for 43 projects that form part of the event.
This was developed after a series of German sponsored workshops and discussion forums with experts, stakeholders and interested parties, and is a collaborative output between the Western Cape Provincial Government and the City.
The action plan focuses on stadium and city-wide greening initiatives, biodiversity awareness raising, landscaping issues, green procurement processes and ratings for the hospitality industry, carbon offset targets, integrated waste management, the new urban park and communication.
The aim is to make 2010 the greenest world cup yet, not only to offset the impact that the event itself will have on the environment (such as greenhouse gas emissions), but to set the standard for future events of this kind.
The Green Goal 2010 action plan identifies nine areas for implementation.
The programme draws on Germany's World Cup experience in 2006 in which the organisers reduced the event's greenhouse gas emissions by increasing energy efficiency and using renewable energy wherever possible.
For more information, please visit the Green Goal website or contact Lorraine Gerrans at lorraine.gerrans@capetown.gov.
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one member nominated by the Committee of University Principalsestablished by section 6 of the Universities Act, 1955 (Act No.
subsection (3) into account.
donations, contributions or royalties received by the Authority; and interest on investments.
The Authority shall employ its funds to defray expenses in connection with the performance of its functions.
for any services provided by the Authority.
This section shall not apply to any body established by a private law ofa university.
This Act shall be called the South African Qualifications Authority Act,1995.
The premier's delegation will include the MEC for Economic Development Environment and Tourism, Jabu Mahlangu and other senior government officials.
<fn>GOV-ZA.2010formalfetcollegeprogrammesatl24onthenqf201003181En.2012-02-10.en.txt</fn>
C:\Users\Lefifi.T\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content. Outlook\XAEMJRW7\Higher Education LOGO (6).
Department of Higher Education and Training 123 Schoeman Street Private Bag X174 Pretoria 0001 South Africa Tel: +27 12 312-5911 Fax: +27 12 321-6770 120 Plein Street Private Bag X9192 Cape Town 8000 South Africa Tel: +27 21 469-5175 Fax: +27 21 461-4761 http://education.gov.
CONTENTS CONTENTS ii SECTION 1: PURPOSE OF THE DOCUMENT 1 SECTION 2: STRUCTURE OF THE DOCUMENT 3 SECTION 3: NATIONALLY APPROVED FUNDAMENTAL SUBJECTS 4 SECTION 4: PROGRAMME AND SUBJECT CODING FOR PROGRAMMING PURPOSES 6 SECTION 5: LIST OF NATIONAL CERTIFICATE (VOCATIONAL) PROGRAMMES AT NQF LEVEL 2 12 5.1 Civil Engineering and Building Construction 13 5.2 Engineering and Related Design 18 5.3 Electrical Infrastructure Construction 22 5.4 Finance, Economics and Accounting 26 5.5 Hospitality 30 5.6 Information Technology and Computer Science 34 5.7 Management 38 5.8 Marketing 42 5.9 Office Administration 46 5.10 Primary Agriculture 50 5.11 Tourism 54 5.12 Safety in Society 58 5.13 Mechatronics 62 5.14 Education and Development 66 5.15 Drawing Office Practice 70 5.16 Process Plant Operations 74 5.
PROGRAMMES AT NQF LEVEL 3 82 6.1 Civil Engineering and Building Construction 83 6.2 Engineering and Related Design 88 6.3 Electrical Infrastructure Construction 92 6.4 Finance, Economics and Accounting 96 6.5 Hospitality 100 6.6 Information Technology and Computer Science 104 6.7 Management 109 6.8 Marketing 113 6.9 Office Administration 117 6.10 Primary Agriculture 121 6.11 Tourism 125 6.12 Safety in Society 129 6.13 Mechatronics 133 6.14 Education and Development 137 6.15 Drawing Office Practice 141 6.16 Process Plant Operations 145 6.17 Process Instrumentation 149 SECTION 7: LIST OF NATIONAL CERTIFICATE (VOCATIONAL) PROGRAMMES AT NQF LEVEL 4 153 7.1 Civil Engineering and Building Construction 154 7.2 Engineering and Related Design 159 7.3 Electrical Infrastructure Construction 163 7.4 Finance, Economics and Accounting 167 7.5 Hospitality 171 7.6 Information Technology and Computer Science 175 7.7 Management 179 7.8 Marketing 183 7.9 Office Administration 187 7.10 Primary Agriculture 191 7.11 Tourism 195 7.12 Safety in Society 199 7.13 Mechatronics 203 7.14 Education and Development 207 7.15 Drawing Office Practice 211 7.16 Process Plant Operations 215 7.
SECTION 1 PURPOSE OF THE DOCUMENT The policy document, Formal Further Education and Training College Programmes at Levels 2 to 4 on the National Qualifications Framework (NQF) contains the programme, promotion and certification requirements of the various programmes offered by Further Education and Training Colleges and forms the basis for the establishment of the national funding base rate and funding weights for the various approved Further Education and Training (FET) College programmes. In view of this, each approved programme leading to the National Certificate (Vocational) at Levels 2-4 on the National Qualifications Framework (NQF) has its own weight. For this purpose more detailed particulars regarding the various National Certificate (Vocational) at Levels 2-4 on the NQF are contained in this policy document to which all FET Colleges and relevant assessment bodies in terms of sections 3(4)(l) and 7 of the National Education Policy Act, 1996 (Act No. 27 of 1996) and, sections 11(1)(c) and 11(2) of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006) must give effect. The policy document, National Certificate (Vocational): A qualification at Levels 2, 3, 4 on the NQF, is a separate policy document containing broad, general provisions with regard to FET Colleges, pertaining to norms and standards for FET programmes, examinations and certification. This policy must be read in conjunction with the following policy documents: (a) National Certificate (Vocational): A qualification at Levels 2, 3, 4 on the NQF, Government Gazette, No. 28677 of 29 March 2006, as amended in, Government Gazette, No.
National Policy on the Conduct, Administration and Management of the Assessment of the National Certificate (Vocational), Government Gazette, No. 30287 of 12 September 2007; and (c) National Norms and Standards for funding Further Education and Training Colleges (NSF-FET Colleges), Government Gazette, No. 32010 of 16 March 2009. The establishment of programme costs and funding weighting is done on an annual basis and each year FET Colleges will be informed of the weighting per programme for the National Certificate (Vocational). Because of the variable nature of this information, funding weights for the various National Certificate (Vocational) cannot be listed in this policy document, Formal Further Education and Training College Programmes at Levels 2 to 4 on the National Qualifications Framework (NQF) and FET Colleges should therefore be informed on an annual basis by means of an official circular regarding the national funding base rate and the latest programme weightings.
ï condonation in specific cases where the necessary promotion requirements for a subject have not been met.
For examination and certification purposes, all programmes and subjects are numbered and an explanation is supplied to assist users with the compilation of programme and subject codes.
SECTION 4 PROGRAMME AND SUBJECT CODES 1.
ï eighth and ninth digit: unique programme code.
ï first and second digits: organising field (up to two digits) (Table.
ï eighth digit: NQF level of the subject.
Design Studies Visual Arts Performing Arts Cultural Studies Music Sport Film, Television and Video.
Date of implementation: January 2007 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A Grade 9 Certificate; or (b) An Adult Education and Training (ABET) NQF Level 1 Certificate; or (c) A recognised equivalent qualification obtained at NQF Level 1; or (d) An approved bridging programme designed for the specific purpose of access to NQF Level 2; or (e) A RPL assessment programme, which meets the basic requirements for access to NQF Level 2.
In terms of section 17(3)(a) of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), the College Council may, subject to applicable policy, the approval of the Head of Department and after consultation with the academic board, determine admission requirements in respect of particular further education and training programmes. (3) Additional admission requirements or an amendment to the existing admission requirements Additional admission requirements or an amendment to the existing admission requirements may be published by means of an examination instruction. 2. DURATION The duration of the National Certificate (Vocational) at Level 2 on the NQF for full-time students is a minimum period of one (1) year. Part-time students may spread their programme over a longer period than one year. A maximum period of three (3) end-of-year examinations will be allowed for the completion of part-time programmes. 3. PROGRAMME REQUIREMENTS (1) A fundamental component comprising three compulsory NQF Level 2 subjects selected as follows: (a) One of the eleven official languages listed at Table 1 on at least First Additional Language level. The language chosen must be the language of learning and teaching of the institution. (b) Mathematics or Mathematical Literacy listed in Table 2 (c) Life Orientation in Table 3.
2008 (2) Three compulsory NQF Level 2 vocational subjects for the 2008 enrolment. These subjects will be phased out in December 2008.
One of the following recommended optional NQF Level 2 vocational subjects for the 2008 enrolment. These subjects will be phased out in December 2008.
Will not be phased out 2009 (4) Three compulsory NQF Level 2 vocational subjects to be offered from January 2009.
One of the following recommended optional NQF Level 2 vocational subjects to be offered from January 2009.
OR (6) An official language at First Additional Language level; or (7) Any other vocational subject as recommended. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language. (2) 30% in Mathematical Literacy or Mathematics. (3) 40% in Life Orientation. (4) 50% in each of the four vocational subjects.
CONDONATION A condonation of a maximum of one (1) fundamental subject will be applied as follows: (1) If a student obtains less than 40% in the language subject or Life Orientation, his or her result may be condoned by a maximum of 5% to the required promotion requirement of 40% in that language subject or Life Orientation. (2) If a student obtains less than 30% in Mathematics or Mathematical Literacy, his or her result may be condoned by a maximum of 5% to the required promotion requirement of 30% in Mathematics or Mathematical Literacy.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language. (2) 30% in Mathematical Literacy or Mathematics.
40% in Life Orientation. (4) 50% in each of the four vocational subjects. 5. CONDONATION A condonation of a maximum of one (1) fundamental subject will be applied as follows: (1) If a student obtains less than 40% in the language subject or Life Orientation, his or her result may be condoned by a maximum of 5% to the required promotion requirement of 40% in that language subject or Life Orientation. (2) If a student obtains less than 30% in Mathematics or Mathematical Literacy, his or her result may be condoned by a maximum of 5% to the required promotion requirement of 30% in Mathematics or Mathematical Literacy.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language. (2) 30% in Mathematical Literacy or Mathematics. (3) 40% in Life Orientation. (4) 50% in each of the four vocational subjects.
Date of implementation: January 2007 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A Grade 9 Certificate; or (b) An Adult Education and Training (ABET) NQF Level 1 Certificate; or © A recognised equivalent qualification obtained at NQF Level 1; or (d) An approved bridging programme designed for the specific purpose of access to NQF Level 2; or (e) A RPL assessment programme, which meets the basic requirements for access to NQF Level 2.
In terms of section 17(3)(a) of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), the College Council may, subject to applicable policy, the approval of the Head of Department and after consultation with the academic board, determine admission requirements in respect of particular further education and training programmes. (3) Additional admission requirements or an amendment to the existing admission requirements Additional admission requirements or an amendment to the existing admission requirements may be published by means of an examination instruction. 2. DURATION The duration of the National Certificate (Vocational) at Level 2 on the NQF for full-time students is a minimum period of one (1) year. Part-time students may spread their programme over a longer period than one year. A maximum period of three (3) end-of-year examinations will be allowed for the completion of part-time programmes. 3. PROGRAMME REQUIREMENTS (1) A fundamental component comprising three compulsory NQF Level 2 subjects selected as follows: (a) One of the eleven official languages listed at Table 1 on at least First Additional Language level. The language chosen must be the language of learning and teaching of the institution. (b) Mathematics or Mathematical Literacy listed in Table 2 © Life Orientation in Table 3.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language.
30% in Mathematical Literacy or Mathematics. (3) 40% in Life Orientation. (4) 50% in each of the four vocational subjects. 5. CONDONATION A condonation of a maximum of one (1) fundamental subject will be applied as follows: (1) If a student obtains less than 40% in the language subject or Life Orientation, his or her result may be condoned by a maximum of 5% to the required promotion requirement of 40% in that language subject or Life Orientation. (2) If a student obtains less than 30% in Mathematics or Mathematical Literacy, his or her result may be condoned by a maximum of 5% to the required promotion requirement of 30% in Mathematics or Mathematical Literacy.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject. 4.
40% in the required official language.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language. (2) 30% in Mathematical Literacy or Mathematics. (3) 40% in Life Orientation.
50% in each of the four vocational subjects. 5. CONDONATION A condonation of a maximum of one (1) fundamental subject will be applied as follows: (1) If a student obtains less than 40% in the language subject or Life Orientation, his or her result may be condoned by a maximum of 5% to the required promotion requirement of 40% in that language subject or Life Orientation. (2) If a student obtains less than 30% in Mathematics or Mathematical Literacy, his or her result may be condoned by a maximum of 5% to the required promotion requirement of 30% in Mathematics or Mathematical Literacy.
Date of implementation: January 2008 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A Grade 9 Certificate; or (b) An Adult Education and Training (ABET) NQF Level 1 Certificate; or (c) A recognised equivalent qualification obtained at NQF Level 1; or (d) An approved bridging programme designed for the specific purpose of access to NQF Level 2; or (e) A RPL assessment programme, which meets the basic requirements for access to NQF Level 2.
Date of implementation: January 2009 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A Grade 9 Certificate; or (b) An Adult Education and Training (ABET) NQF Level 1 Certificate; or (c) A recognised equivalent qualification obtained at NQF Level 1; or (d) An approved bridging programme designed for the specific purpose of access to NQF Level 2; or (e) A RPL assessment programme, which meets the basic requirements for access to NQF Level 2.
Date of implementation: January 2011 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A Grade 9 Certificate; or (b) An Adult Education and Training (ABET) NQF Level 1 Certificate; or (c) A recognised equivalent qualification obtained at NQF Level 1; or (d) An approved bridging programme designed for the specific purpose of access to NQF Level 2; or (e) A RPL assessment programme, which meets the basic requirements for access to NQF Level 2.
CONDONATION A condonation of a maximum of one (1) fundamental subject will be applied as follows: (1) If a student obtains less than 40% in the language subject or Life Orientation, his or her result may be condoned by a maximum of 5% to the required promotion requirement of 40% in that language subject or Life Orientation.
If a student obtains less than 30% in Mathematics or Mathematical Literacy, his or her result may be condoned by a maximum of 5% to the required promotion requirement of 30% in Mathematics or Mathematical Literacy.
Date of implementation: January 2008 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A NQF Level 2 National Certificate (Vocational); or (b) A recognised equivalent qualification obtained at NQF Level 2; or (c) A recognised equivalent qualification obtained at NQF Level 1; or (d) An approved bridging programme designed for the specific purpose of access to NQF Level 3; or (e) A RPL assessment programme, which meets the basic requirements for access to NQF Level 3.
In terms of section 17(3)(a) of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), the College Council may, subject to applicable policy, the approval of the Head of Department and after consultation with the academic board, determine admission requirements in respect of particular further education and training programmes. (3) Additional admission requirements or an amendment to the existing admission requirements Additional admission requirements or an amendment to the existing admission requirements may be published by means of an examination instruction. 2. DURATION The duration of the National Certificate (Vocational) at Level 3 on the NQF for full-time students is a minimum period of one (1) year. Part-time students may spread their programme over a longer period than one year. A maximum period of three (3) end-of-year examinations will be allowed for the completion of part-time programmes. 3. PROGRAMME REQUIREMENTS (1) A fundamental component comprising three compulsory NQF Level 3 subjects selected as follows: (a) One of the eleven official languages listed at Table 1 on at least First Additional Language level. The language chosen must be the language of learning and teaching of the institution. (b) Mathematics or Mathematical Literacy listed in Table 2 (c) Life Orientation in Table 3.
2008 (2) Three compulsory NQF Level 3 vocational subjects for the 2008 enrolment. These subjects will be phased out in December 2008.
One of the following recommended optional NQF Level 3 vocational subjects for the 2008 enrolment. These subjects will be phased out in December 2008.
Will not be phased out and will be offered in 2009. 2009 (4) Three compulsory NQF Level 3 vocational subjects to be offered from January 2009.
One of the following recommended optional NQF Level 3 vocational subjects to be offered from January 2009.
OR (6) An official language at First Additional Language level; or (7) Any other vocational subject, provided that such subject has been offered the previous year, i.e. at NQF Level 2. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language. (2) 30% in Mathematical Literacy or Mathematics. (3) 40% in Life Orientation. (4) 50% in each of the four vocational subjects.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject, provided that such subject has been offered the previous year, i.e. at NQF Level 2.
PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language. (2) 30% in Mathematical Literacy or Mathematics. (3) 40% in Life Orientation. (4) 50% in each of the four vocational subjects. 5. CONDONATION A condonation of a maximum of one (1) fundamental subject will be applied as follows: (1) If a student obtains less than 40% in the language subject or Life Orientation, his or her result may be condoned by a maximum of 5% to the required promotion requirement of 40% in that language subject or Life Orientation. (2) If a student obtains less than 30% in Mathematics or Mathematical Literacy, his or her result may be condoned by a maximum of 5% to the required promotion requirement of 30% in Mathematics or Mathematical Literacy.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject, provided that such subject has been offered the previous year, i.e. at NQF Level 2. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language. (2) 30% in Mathematical Literacy or Mathematics. (3) 40% in Life Orientation.
50% in each of the four vocational subjects.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject, provided that such subject has been offered the previous year, i.e. at NQF Level 2. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language. (2) 30% in Mathematical Literacy or Mathematics. (3) 40% in Life Orientation. (4) 50% in each of the four vocational subjects.
Date of implementation: January 2008 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A NQF Level 2 National Certificate (Vocational); or (b) A recognised equivalent qualification obtained at NQF Level 2; or © A recognised equivalent qualification obtained at NQF Level 1; or (d) An approved bridging programme designed for the specific purpose of access to NQF Level 3; or (e) A RPL assessment programme, which meets the basic requirements for access to NQF Level 3.
In terms of section 17(3)(a) of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), the College Council may, subject to applicable policy, the approval of the Head of Department and after consultation with the academic board, determine admission requirements in respect of particular further education and training programmes. (3) Additional admission requirements or an amendment to the existing admission requirements Additional admission requirements or an amendment to the existing admission requirements may be published by means of an examination instruction. 2. DURATION The duration of the National Certificate (Vocational) at Level 3 on the NQF for full-time students is a minimum period of one (1) year. Part-time students may spread their programme over a longer period than one year. A maximum period of three (3) end-of-year examinations will be allowed for the completion of part-time programmes. 3. PROGRAMME REQUIREMENTS (1) A fundamental component comprising three compulsory NQF Level 3 subjects selected as follows: (a) One of the eleven official languages listed at Table 1 on at least First Additional Language level. The language chosen must be the language of learning and teaching of the institution. (b) Mathematics or Mathematical Literacy listed in Table 2 © Life Orientation in Table 3.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject, provided that such subject has been offered the previous year, i.e. at NQF Level 2. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language.
30% in Mathematical Literacy or Mathematics. (3) 40% in Life Orientation.
Date of implementation: January 2009 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A NQF Level 2 National Certificate (Vocational); or (b) A recognised equivalent qualification obtained at NQF Level 2; or (c) A recognised equivalent qualification obtained at NQF Level 1; or (d) An approved bridging programme designed for the specific purpose of access to NQF Level 3; or (e) A RPL assessment programme, which meets the basic requirements for access to NQF Level 3.
Date of implementation: January 2010 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A NQF Level 2 National Certificate (Vocational); or (b) A recognised equivalent qualification obtained at NQF Level 2; or (c) A recognised equivalent qualification obtained at NQF Level 1; or (d) An approved bridging programme designed for the specific purpose of access to NQF Level 3; or (e) A RPL assessment programme, which meets the basic requirements for access to NQF Level 3.
Date of implementation: January 2012 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A NQF Level 2 National Certificate (Vocational); or (b) A recognised equivalent qualification obtained at NQF Level 2; or (c) A recognised equivalent qualification obtained at NQF Level 1; or (d) An approved bridging programme designed for the specific purpose of access to NQF Level 3; or (e) A RPL assessment programme, which meets the basic requirements for access to NQF Level 3.
Date of implementation: January 2009 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A NQF Level 3 National Certificate (Vocational) issued by a Further Education and Training College indicating that the student has met the minimum subject requirements at Level 3; or (b) An appropriate registered equivalent qualification obtained at NQF Level 3; or (c) A bridging programme designed for the specific purpose of access to NQF Level 4; or (d) A RPL assessment for Grades 11 or 12 learners which meets the basic requirements for access to NQF Level 4 and for students not part of the South African school system.
Specific admission requirements In terms of section 17(3)(a) of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), the College Council may, subject to applicable policy, the approval of the Head of Department and after consultation with the academic board, determine admission requirements in respect of particular further education and training programmes. (3) Additional admission requirements or an amendment to the existing admission requirements Additional admission requirements or an amendment to the existing admission requirements may be published by means of an examination instruction. 2. DURATION The duration of the National Certificate (Vocational) at Level 4 on the NQF for full-time students is a minimum period of one (1) year. Part-time students may spread their programme over a longer period than one year. A maximum period of three (3) end-of-year examinations will be allowed for the completion of part-time programmes. 3. PROGRAMME REQUIREMENTS (1) A fundamental component comprising three compulsory NQF Level 4 subjects selected as follows: (a) One of the eleven official languages listed at Table 1 on at least First Additional Language level. The language chosen must be the language of learning and teaching of the institution.
Mathematics or Mathematical Literacy listed in Table 2 (c) Life Orientation in Table 3. 2008 (2) Three compulsory NQF Level 4 vocational subjects for the 2008 enrolment. These subjects will be phased out in December 2008.
One of the following recommended optional NQF Level 4 vocational subjects for the 2008 enrolment. These subjects will be phased out in December 2008.
Will not be phased out and will be offered in 2009.
2009 (4) Three compulsory NQF Level 4 vocational subjects to be offered from January 2009.
One of the following recommended optional NQF Level 4 vocational subjects to be offered from January 2009.
OR (6) An official language at First Additional Language level; or (7) Any other vocational subject, provided that such subject has been offered the previous year, i.e. at NQF Level 3.
In terms of section 17(3)(a) of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), the College Council may, subject to applicable policy, the approval of the Head of Department and after consultation with the academic board, determine admission requirements in respect of particular further education and training programmes. (3) Additional admission requirements or an amendment to the existing admission requirements Additional admission requirements or an amendment to the existing admission requirements may be published by means of an examination instruction. 2. DURATION The duration of the National Certificate (Vocational) at Level 4 on the NQF for full-time students is a minimum period of one (1) year. Part-time students may spread their programme over a longer period than one year. A maximum period of three (3) end-of-year examinations will be allowed for the completion of part-time programmes. 3. PROGRAMME REQUIREMENTS (1) A fundamental component comprising three compulsory NQF Level 4 subjects selected as follows: (a) One of the eleven official languages listed at Table 1 on at least First Additional Language level. The language chosen must be the language of learning and teaching of the institution. (b) Mathematics or Mathematical Literacy listed in Table 2 (c) Life Orientation in Table 3.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject, provided that such subject has been offered the previous year, i.e. at NQF Level 3.
Date of implementation: January 2009 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A NQF Level 3 National Certificate (Vocational) issued by a Further Education and Training College indicating that the student has met the minimum subject requirements at Level 3; or (b) An appropriate registered equivalent qualification obtained at NQF Level 3; or (c) A bridging programme designed for the specific purpose of access to NQF Level 4; or (d) A RPL assessment for Grades 11 or 12 learners which meet the basic requirements for access to NQF Level 4 and for students not part of the South African school system.
Mathematics or Mathematical Literacy listed in Table 2 (c) Life Orientation in Table 3.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject, provided that such subject has been offered the previous year, i.e. at NQF Level 3. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language. (2) 30% in Mathematical Literacy or Mathematics.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject, provided that such subject has been offered the previous year, i.e. at NQF Level 3. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language. (2) 30% in Mathematical Literacy or Mathematics. (3) 40% in Life Orientation. (4) 50% in each of the four vocational subjects.
Date of implementation: January 2009 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A NQF Level 3 National Certificate (Vocational) issued by a Further Education and Training College indicating that the student has met the minimum subject requirements at Level 3; or (b) An appropriate registered equivalent qualification obtained at NQF Level 3; or © A bridging programme designed for the specific purpose of access to NQF Level 4; or (d) A RPL assessment for Grades 11 or 12 learners which meets the basic requirements for access to NQF Level 4 and for students not part of the South African school system.
In terms of section 17(3)(a) of the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), the College Council may, subject to applicable policy, the approval of the Head of Department and after consultation with the academic board, determine admission requirements in respect of particular further education and training programmes. (3) Additional admission requirements or an amendment to the existing admission requirements Additional admission requirements or an amendment to the existing admission requirements may be published by means of an examination instruction. 2. DURATION The duration of the National Certificate (Vocational) at Level 4 on the NQF for full-time students is a minimum period of one (1) year. Part-time students may spread their programme over a longer period than one year. A maximum period of three (3) end-of-year examinations will be allowed for the completion of part-time programmes. 3. PROGRAMME REQUIREMENTS (1) A fundamental component comprising three compulsory NQF Level 4 subjects selected as follows: (a) One of the eleven official languages listed at Table 1on at least First Additional Language level. The language chosen must be the language of learning and teaching of the institution. (b) Mathematics or Mathematical Literacy listed in Table 2 © Life Orientation in Table 3.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject, provided that such subject has been offered the previous year, i.e. at NQF Level 3. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language.
OR (4) An official language at First Additional Language level; or (5) Any other vocational subject, provided that such subject has been offered the previous year, i.e. at NQF Level 3. 4. PROMOTION AND CERTIFICATION REQUIREMENTS Obtained at least: (1) 40% in the required official language. (2) 30% in Mathematical Literacy or Mathematics. (3) 40% in Life Orientation.
Date of implementation: January 2010 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A NQF Level 3 National Certificate (Vocational) issued by a Further Education and Training College indicating that the student has met the minimum subject requirements at Level 3; or (b) An appropriate registered equivalent qualification obtained at NQF Level 3; or (c) A bridging programme designed for the specific purpose of access to NQF Level 4; or (d) A RPL assessment for Grades 11 or 12 learners which meets the basic requirements for access to NQF Level 4 and for students not part of the South African school system.
Date of implementation: January 2011 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A NQF Level 3 National Certificate (Vocational) issued by a Further Education and Training College indicating that the student has met the minimum subject requirements at Level 3; or (b) An appropriate registered equivalent qualification obtained at NQF Level 3; or (c) A bridging programme designed for the specific purpose of access to NQF Level 4; or (d) A RPL assessment for Grades 11 or 12 learners which meets the basic requirements for access to NQF Level 4 and for students not part of the South African school system.
Date of implementation: January 2013 1. ADMISSION REQUIREMENTS (1) General minimum admission requirements (a) A NQF Level 3 National Certificate (Vocational) issued by a Further Education and Training College indicating that the student has met the minimum subject requirements at Level 3; or (b) An appropriate registered equivalent qualification obtained at NQF Level 3; or (c) A bridging programme designed for the specific purpose of access to NQF Level 4; or (d) A RPL assessment for Grades 11 or 12 learners which meets the basic requirements for access to NQF Level 4 and for students not part of the South African school system.
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<fn>GOV-ZA.2010grgoalactionplanEn.2012-02-10.en.txt</fn>
Implement a competition amongst schools and /or soccer clubs that would profile Green Goal 2010 and encourage the active participation of students and soccer players in implementing greening activities in and around their schools and soccer clubs.
To compile a "Soccer and Environment" poster and resource pack for teachers to educate and inform students about sustainable development and Green Goal 2010 activities in particular, using football as a metaphor.
An above-and-below-the-line Green Goal 2010 advertising campaign to encourage and motivate residents and visitors to keep Cape Town and the Western Cape clean.
Increase in no.
Promote environmentally responsible purchasing by integrating environmental considerations into purchasing process for 2010: from avoiding unnecessary purchases and identifying greener products to the specification for tenders and life cycle costing. Promote the procurement of local products made from local materials, to avoid carbon emissions from imported goods and materials, stimulate local green industries. Support Fair Trade organisations that benefit local communities and the environment through their products and production processes. Implement CoCT and PGWC policies and principles for green procurement.
June 2009 6.
Work with events organisers and related organisations to promote the greening of the 2010 events and exhibitions through sustainable procurement practices, reduction in energy use, sustainable waste practices, reduction in use of water, promotion and protection of biodiversity and sustainable transport.
Develop and promote a code of responsible conduct for vistors and tourism product owners / operators, building on the Cape Town Declaration. Roll out the code in 2009, 2010 and beyond, in Cape Town and Western Cape official visitors guides. Participate in the development and implementation of a Green Passport if implemented.
Measurable Targets ahead of 2010. Creation of an accredited certificate for participants who successfully complete the training programme.
Tourism service excellence programme.
No. of participants in 'Level 1' training programme by June 2010.
The development of an environmental accreditation rating system for tourism accommodation providers in SA, specifically for hotels, guest houses, B&B's and others in order to ensure environmental compliance by accommodation suppliers for the 2010 FIFA World CupTM. To be piloted in Cape Town and Western Cape and aligned with national minimum standards when these become available.
No. of accommodation establishments registered with CTT and CTRU complying with Minimum Environmental Requirements.
No. of accommodation establishments larger than 10 rooms to have been graded to at least 'Level 1' by June 2010.
A series of five workshops and two discussion sessions to elicit ideas and to inform the compilation of the Green Goal 2010 Action Plan that will secure delivery for Cape Town and the Western Cape's 2010 Green Goal initiative.
Measurable 1.
Once a national Green Goal brand is launched by DEAT/ LOC, create marketing and promotional materials for host city Cape Town to support the national Green Goal 2010 brand. Procure host city Green Goal collateral for marketing and communications purposes.
Create a three year detailed marketing plan for Green Goal 2010. Establish positioning statement. Review target markets and mechanisms to reach them. Identify messages to be communicated and projects to be promoted. Assess timeframes for communication, in line with corporate communications messaging. Identify opportunities for competitive positioning of Green Goal brand. Implement the plan within the framework of the Host City Cape Town Communication Strategy.
Recruit a group of distinguished Green Goal ambassadors to create awareness of Green Goal projects before and during the World Cup. These could be South Africans, Africans and overseas residents, in various fields e.g. environmental, sports, soccer, human rights, politics, etc. (Note: This project may be implemented by LOC / DEAT, in which case Cape Town and Western Cape will identify local ambassadors to participate in the national programme).
Select judges and define brief February 2009 5.
Define high-level standards for monitoring, measuring and reporting (MM&R) across all Green Goal 2010 projects in order to allow consolidated reporting and cross-project comparisons and to minimize redundancy or conflict that would result from multiple, diverse MM&R, and to ensure accurate feedback to the public on minimising the 2010 carbon footprint.
Indicators 1.
Defining clear targets for minimising Cape Town's carbon footprint is important in order to communicate clearly to the public and achieve maximum buy-in from broad stakeholder groups.
PVA's and trainingwaste budget and during the event.
Lack of funding would cause delays and gaps in the implementation of the Action Plan, thereby compromising delivery of the Business Plan.
Synergy with DEAT and LOC at a national level to ensure optimal Green Goal activation (e.g., brand, carbon offset, negotiations with FIFA, etc.). While this will likely strengthen the Green Goal programme and ensure essential coordination of greening programmes from all host cities, it will put certain deliverable milestones outside the control of Green Goal Host City Cape Town. This could cause delays.
Lack of Green Goal coordination amongst the host cities can allow inefficiencies to persist at the local level and also increase the burden on the LOC to manage an uncoordinated set of Green Goal implementation plans. This, in turn, would delay decision-making processes and make communication about Green Goal more complex and unclear.
Implementation of projects will happen through various channels. In some cases projects link with existing initiatives either being undertaken by the City of Cape Town, Provincial Government Western Cape, or National Government, thereby achieving the necessary greening objectives. In other cases donors have expressed interest in supporting projects. However, the majority of projects will be resourced from an allocation from National Government towards the implementation of the Green Goal programme by Host City Cape Town.
Evaluate tenders based on demonstrated capacity to deliver according to time constraints and quality standards. Cost cannot be the sole or even primary determining factor for most of the tenders where scarce skills are involved. Also, insist on rigorous project management standards, reporting and oversight of consultants and implementers of projects. Additional resources will need to be committed to monitoring overall delivery and quality so potential shortcomings or problems can be identified and rectified as quickly as possible.
Work through LOC to promote the establishment of a Green Goal 2010 coordinating mechanism and lines of communication among Host Cities and between the Host Cities and LOC.
ECO Centre However, in spite of this spend, there are just under R100 million worth of additional projects in the Green Goal 2010 Action Plan that are important but are unfunded or underfunded at present. These represent remarkable opportunities for donors and other funding institutions to play a partnership role.
One of the most important legacy projects for long-term operational efficiency and energy use reduction over the lifespan of the stadia. This capital expenditure will contribute to the greening of every event to be held using these facilities, and in the green ratings of the facilities themselves. Will make the facilities more competitive in seeking to host events, the success of which will have ripple effects in economic development and job creation.
OpportunityInvestment Needed eco-taxis, the vanguard of a new generation of transportation alternatives being introduced with 2010 as the catalyst.
Branded sponsorshipR 300 000 opportunity to help learners become educated on environmental issues through the excitement generated by the sport of soccer generally and the 2010 FIFA World Cupâ in particular. To be distributed to schools in the Western Cape.
A branded promotion opportunity to reach every visitor arriving in the region during the 2010 FIFA World Cupâ with a powerful, positive educational message about the environment and expression of the environmental values of the region.
An opportunity to assist Green Goal 2010 project leaders / teams to publish interim and legacy reports, including a first year report for Green Goal 2010 and a pre-event consolidated Status Report, as well as the post-event Green Goal 2010 Legacy Report.
Results: 1 to 20 of 72 (104467 searched in 0.245.
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>The Minister of Communications, General (Ret) Siphiwe Nyanda will lead the celebrations for World Post Day, in Galeshewe Stadium, Kimberley in the Northern Cape. The Minister will be joined by the Chairperson of the Board of the South African Post Office, Miss Vuyo Mahlati and the Chief Executive Officer of the State-Owned-Enterprise, Miss Motshoanetsi Lefoka.
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The Minister of Communications Department, General (Ret) Siphiwe Nyanda, hereby invites media to a briefing session. The aim of the session is to give feedback on the Board meetings between the Department of Communications, Sentech and the SABC.
The South African delegation under the leadership of the Minister of Communications, General Siphiwe Nyanda, made our country proud where he convinced the membership of the Union of South Africa s contribution to Union s work on the advancement of the development agenda through diffusion of Information and Communications Technologies.
Communications Minister General Siphiwe Nyanda is leading a delegation of the Department of Communications to the International Trade Union s 18th Plenipotentiary Conference in Guadalajara, Mexico from 4 to 12 October 2010.
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It will utilise the infrastructure and facilities of the South African Post Office. The Memorandum of Understanding (MOU) will be developed between the department of communications and the South African Post Office soon after the bill is promulgated.
The Minister of Communications, General (Ret) Siphiwe Nyanda will host the launch of the hospital websites on 30 September 2010 in Bloemfontein, Free State province. The launch of the website will be succeeded by the launch of a documentary as well as memorial lecture on the South African Communist Party stalwart Thabo Mofutsanyane from the Free State.
The community of Agter Witzenberg Valley in the Cape Winelands District Municipality had for sometime been experiencing challenges in accessing TV signal transmission for the South African Broadcasting Corporation (SABC) channels 1 and 3 and the free-to-air channel, E-TV.
The switch-on will ensure that the communities in and around the Cape Winelands district municipality have access to television signal transmission and will receive an additional TV channels (1, 3 and E-TV).
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S Nyanda appoints Digital Dzonga Advisory Council members style="margin: 0cm 0cm 0pt;" class="MsoPlainText">The Minister of Communications General Siphiwe Nyanda today announced the new 15 members of Digital Dzonga Advisory Council.
The council will advise the minister on and oversee the complex process of migrating South Africa's analogue broadcasting services to a new digital technology known as digital terrestrial television (DTT).
The investigation was in relation to a contract awarded to Abalozi, a company which General Nyanda's children's trust, the Mphephethwa Trust, owns a 45 percent shareholding.
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President Jacob Zuma received, on 2 and 10 August 2010 respectively, two reports from the Public Protector on investigations into alleged breach of the Executive Members Ethics Act, 1998 and the Executive Ethics Code by the Minister of Communications, General Siphiwe Nyanda.
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2011/07/15 class="MsoNormal">As part of her contribution to the Nelson Mandela Day programme, Eastern Cape Transport MEC Thandiswa Marawu, will be leading Operation Asihleki roadblocks with traffic officers during the re-launch of scholar transport throughout the province on Monday, 18 July 2011.
Ninety-one mines/shafts (73%) had sufficient infrastructures for maintenance, control, record keeping and user training programme in place to satisfy DME Directives B6 and B9.
Ten (8%) mines/shafts had insufficient infrastructures for maintenance, control, record keeping and user training programme in place to satisfy DME Directives B6 and B9. In addition, multishifting of units was prevalent in some instances (four mines).
1 Introduction . . . . . . . 6 2 Methods . . . . . . . . 6 3 Results and discussion . . . . . 7 4 Conclusion and recommendation . . . 11 5 References . . . . . ..
Appendix 1: Performance graphs for SCSRs since 1996 . . . 14 Appendix 2: Performance trends for SCSRs since 1996 . ..
Table 2: Distribution of SCSRs tested by commodity . . ..
Table 3: Rating of mines in terms of compliance with Directive B6 ..
The primary purpose of the report is to provide feedback to all interested and affected parties with regard to the functional status of SCSRs currently deployed and, hence, they're anticipated life-saving potential.
Sampling of SCSRs for evaluation was done on the basis of the Department of Minerals and Energy's (DME) Directive B6 dated 20 April 1994. In terms of this directive a sample of at least 1% of the total units deployed at a mine are withdrawn annually for evaluation.
Functional performance and structural testing of SCSRs is conducted at present according to the South African Bureau of Standards (SABS) Private Specification 839 (CKM).
A total of 776 units were tested during the reporting period, with samples representative of the four approved SCSRs (i.e. Draeger Oxyboks K (Mk2), MSA SSR 30/100, AfroxPac 30 and Ocenco M20) being submitted. There was an improvement in the number of participating mines.
During the review period four more mines participated than in the previous year with 107 less SCSRs being tested. This is as a result of more SCSRs being purchased during 2000 and 2001 by some mines, specifically in the platinum mining sector to replace the Siza Moya unit, which is no longer approved for underground deployment, and to replace older MSA SSR 30/100 (Mk1) and Ocenco M20 units. A synopsis of the units submitted for assessment is given in Tables 1 and 2.
MSA SSR 30/100 (Mk1) 10 1.
(* Approximate total number of SCSRs deployed underground for more than one year.
On the basis of functional performance characteristics there is, in general, a further improvement observed in the overall condition of the SCSRs. This appears to be as a result of better record keeping and, in turn, maintenance. Exceptions were the original MSA SSR 30/100 (Mk1) and the Ocenco M20 units. The MSA (Mk1) unit has now been deployed in the industry for a period in excess of fourteen years and generally exhibits a marked degree of functional deterioration, as well as an increase in material fatigue in those units which have not been refurbished in terms of the manufacturer's lifetime extension programme. The Ocenco M20 units, which were not subjected to the inspection/maintenance service carried out by the supplier during 1998/99, also exhibit a substantial increase of failures.
The number of SCSRs which exhibit casing leakages has remained static when compared with the results of the previous years, It should be noted that the Ocenco unit does not require leak testing. The comments listed below are intended to briefly summarise the current status.
The MSA SSR 30/100 SCSR, referred to as Mk1 units in this report, displays in units older than seven years premature breathing resistance spikes due to excessive powderisation of the chemical inside the canister. Material failure in these older units is also increasingly being observed as a result of normal aging. The majority of the units have, however, been refurbished during 1999/2000, and the refurbishment or replacement of the remaining units will hopefully be completed in the second half of 2002. Units referred to in Appendix 1 as Mk 2 units, and which have been deployed for three to seven years, exhibit a premature and functional critical increase in breathing resistance. The main cause was identified to be the use of casing seals consisting of a material with inappropriate permeability characteristics. This leads to gas/moisture ingress into the chemical over time and, subsequently, to an accelerated deterioration in functional performance. Evidence suggests that the manufacturer changed the material of their casing seal in the mid 1990s since units deployed prior to 1995 did not exhibit this problem. The supplier implemented a service programme in 2001 to change the casing seals of all the affected units (approximately 20 000 units). However, there are still units found during the monitoring programme where the casing seals have not been replaced. The number of MSA (Mk2) units which exhibit casing leakage has marginally decreased when compared to the previous year.
The Draeger Oxyboks K (Mk2) displays in units older than six years premature, but not critical increases, in breathing resistance after 25 minutes during breathing simulator tests. This can be attributed mainly to the more effective filter system incorporated in this unit to contain potassium superoxide powder. Although fairly innocuous at present, ongoing monitoring is essential. The number of Draeger units which exhibit casing leakage has decreased when compared to the previous year.
The majority of the AfroxPac 30 units tested performed satisfactorily. In units deployed for more than six years, a degree of material fatigue has been observed. The hard material used in the breathing tubes of these older units leads to deformation and, possibly, to flow restrictions in the longer term. Chemical powderisation into the breathing bag has also been observed in an increasing number of units deployed for more than three years. This does affect in the older units the functional performance of the units. In units deployed for more than four years a premature increase in carbon dioxide levels, as well as premature increases in breathing resistance, lead to reduced functional duration. The number of units with casing leakage increased marginally when compared to the previous year. During batch testing of new units inconsistencies regarding quality control of the chemical were observed in two different batches. After bringing this to the manufacturer's attention, the problem was resolved before the units were sent to the respective mines. The observed failures in AfroxPac 30 SCSRs during 2001 were in some cases as a result of broken breathing bags of units which were for one reason or another not included in the breathing bag replacement programme which was carried out by the supplier in 1997. In other instances, units which exhibited casing leakage which were not identified at the mines for a prolonged period of time resulted in complete functional failures.
Participating mines were graded according to the categorisation system described at the outset. The results are summarised below (Table 3).
In the final analysis, a database was established in 1996, in order to follow performance trends of the different units deployed in the South African mining industry. These trends are presented in Appendices 1 and 2.
In addition to functional performance, the programme also includes the assessment of structural integrity of SCSRs, as well as of mines' infrastructures. However, auditing in respect of maintenance and record keeping should be carried out more regularly by the Department of Minerals and Energy with the assistance of the ATA. On the other hand, the commitment to and participation in this monitoring programme by mines have shown further improvements. Although the DME is actively pursuing compliance with Directive B6, it is unfortunate that a small number of specifically large gold mines still do not participate in the monitoring programme. The response from the majority of the industry has been positive.
At present, in terms of SABS Private Specification 839 (CKM), batch testing is not a formal requirement. However, although the new SABS specifications (SABS 1737) will make batch testing mandatory, the extent of the problem necessitated its implementation as an interim measure by the ATA prior to the formal adoption of the new SABS specifications.
Impala Plat.
Brandspruit Coll.
Koornfontein - Blinkpan Coll.
Kloof G.M.
Black Wattle Kriel Coll. / Nw# Arnot Coll.
Year 2001 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.
AfroxPac 30 SCSRs, which are deployed underground for more then four years exhibit in general a functional deterioration resulting in reduced functional durations max.
The Ocenco M20 units exhibited in general a further deterioration in functional performance when comparing this years results to these obtained over the last few years. The majority of problems experienced are related to internal structural faults (powderisation of the chemical), which leads to the malfunctioning of the oxygen regulator, as well as due to leaking oxygen cylinders. The number of units rejected in 2001 has doubled when compared to 2000.
The MSA SSR 30/100 (Mk2) units deployed for five years or longer have deteriorated to an extend were they are approaching the rejection criteria of less then 15 minutes safe functional duration. This is mainly as a result of casing seals made from an inappropriate material which were used in a large number of units which were manufactured between 1995 and 1998. Although the casing seals were replaced in the majority of the units with seals made from a more suitable material during 2000 and 2001. The functional deterioration, which has occurred in the affected units over a number of years cannot be reversed. MSA units, which were manufactured from 1999 onward perform in general satisfactorily with functional durations in excess of 35 minutes. The number of units which exhibited casing leakage has decreased marginally when compared to the previous year.
The Draeger Oxyboks K (Mk2) units which are six to seven years deployed underground exhibit some deterioration in functional performance, due to a pre-mature increase in breathing resistance levels. This occurs in most cases only after functional durations in excess of 25 minutes. This is mainly as a result of some powderisation of the potassium super oxide which is taking place inside the chemical canister, due to normal wear in underground deployment. Units, which are deployed for less then six years exhibit this increase in breathing resistance only after a functional duration in excess of 30 minutes. The majority of the Draeger (Mk2) units have a functional duration of more then 30 minutes.
Functional performance falls within specifications used for the approval of new units.
Functional performance falls outside approval specification but with life-saving potential unimpaired.
in an escape mode.
The relevant approval levels for new units, and rejection levels for units, which are deployed in the South African Mining Industry, are provided in the following table. In the absence of specific levels formulated to represent acceptable levels of functional performance (i.e. to accommodate the degeneration associated with daily deployment underground), the region between approval and rejection levels is deemed to satisfy the category 2 requirements.
<fn>GOV-ZA.2010indexEn.2012-02-10.en.txt</fn>
Act no.
Commercial crime hints -.
Extraordinary meeting to assess the safety and security readiness for the 2010 FIFA World Cup.
Z-Card front -.
Z-Card back -.
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1e. Date of transaction 3: 1f.
Other 7a.
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If the funeral undertaker is not authorised to receive notices of death, he or she may only complete part C of form BI-1663.
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URL: http://www.info.gov.za/speeches/2003/03121709461001.
<fn>GOV-ZA.2010muslimmarriagesbillEn.2012-02-10.en.txt</fn>
The Minister of Justice and Constitutional Development invites interested parties to submit any comments they might have on the Muslim Marriages Bill set out below. The Bill is currently available only in English, and the Afrikaans translation will be available later on request. Any person wishing to comment on the Bill is invited to submit written comments to the Minister of Justice and Constitutional Development. Comments should kindly be directed for the attention of Mr T N Matibe, Private Bag X81, Pretoria, 0001, or faxed to him at 086 648 7766 not later than 15 March 2011. (Electronic mail address: TMatibe@justice.gov.
The Bill emanates from an investigation by the South African Law Reform Commission (the SALRC) on Islamic Marriages and Related Matters. Its report on the matter contains legislative proposals in the form of a Muslim Marriages Bill. The aim of these legislative proposals is to provide statutory recognition of Muslim marriages in order to redress inequities and hardships arising from the non-recognition of these marriages.
The Bill is applicable to persons who adhere to the Muslim faith and who elect to be bound by its provisions. In other words, it contains an opting out provision for persons who do not wish to be bound by it. The need for this legislation finds support in section 15(3) of the Constitution.
marriages concluded under any tradition, or a system of religious, personal or family law; or systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.
In this Act, unless the context otherwise indicates- "court" means a High Court of South Africa, or a court for a regional division as provided for in section 29(1B) of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944); "Deeds Registries Act" means the Deeds Registries Act, 1937 (Act No. 47 of 1937); "deferred dower" means the dower or part thereof which is payable on an agreed future date but which, in any event, becomes due and payable upon the dissolution of a marriage by divorce or death; "dispute" means a dispute or an alleged dispute relating to the interpretation or application of any provision of this Act or any applicable law; "Divorce Act" means the Divorce Act, 1979 (Act No. 70 of 1979); "dower" (mahr) means the money, property or anything of value, including benefits which must be payable by the husband to the wife as an ex lege consequence of the marriage itself in order to establish a family and lay the foundations for affection and companionship; "existing civil marriage" means an existing marriage concluded according to Islamic law which has also been registered and solemnised in terms of the Marriage Act before the commencement of this Act ; "facilitating a marriage" as referred to in section 6(9) means applying the marriage formula in a ceremony (nikah); "Family Advocate" means any Family Advocate appointed under section 2(1) of the Mediation in Certain Divorce Matters Act, 1987 (Act No.
if she is pregnant, extends until the time of delivery.
to a TalÄq expressly pronounced as irrevocable at the time of pronouncement; and to the pronouncement of a third TalÄq; "Islamic Law" means the law as derived from the Holy Qur'an, the Sunnah (Prophetic model), the consensus of Muslim Jurists (Isma) and analogical deductions based on the primary sources (Qiyas); "Khula' " means the dissolution of the marriage bond at the instance of the wife, in terms of an agreement for the transfer of property or other permissible consideration between the spouses according to Islamic law; "maintenance court" means a maintenance court as referred to in section 3 of the Maintenance Act, 1998 (Act No. 99 of 1998); "Marriage Act" means the Marriage Act, 1961 (Act No.
Islam (Daruriyyat Al-Din); "Muslim marriage" means a marriage between a man and a woman contracted in accordance with Islamic law only; "prescribed" means prescribed by regulation made under section 14; "prompt dower" means the dower or part thereof which is payable at the time of the conclusion of a marriage or immediately thereafter upon demand by the wife; "Registrar of Deeds" means the Registrar of Deeds appointed in terms of section 2 of the Deeds Registries Act; "revocable TalÄq" means a TalÄq Raj'I which does not terminate the marriage before the completion of the 'Iddah, and in terms of which the husband may, for the purposes of reconciliation, resume conjugation before the expiry of the 'Iddah only; "TafwÄ«d al-TalÄq" means the delegation according to Islamic Law by the husband of his right of TalÄq to the wife or any other person, either at the time of the conclusion of the marriage or during the subsistence of the marriage, so that the wife or the appointed person may terminate the marriage by pronouncing a TalÄq strictly in accordance with the terms of such a delegation; "TalÄq" means the dissolution of a Muslim marriage, immediately or at a later stage, by a husband or his agent by using the word TalÄq or a synonym or derivative thereof in any language; and "this Act" includes the regulations.
The provisions of this Act apply to Muslim marriages concluded before the commencement of this Act, unless the parties, within a period of 36 months or such longer period as may be prescribed, as from the date of the commencement of this Act, jointly to elect, in the prescribed manner, not to be bound by the provisions of this Act, in which event the provisions of this Act do not apply to such a marriage.
Any dispute arising from a Muslim marriage which was concluded but terminated before the commencement of this Act, must be dealt with in terms of the provisions of this Act, unless the parties, by agreement in the prescribed manner, elect to have the dispute dealt with outside the provisions of this Act.
the prospective bride and groom must, subject to subsections (4) and (5), have been 18 years old or older; and the provisions of this section and sections 6 and 7 must have been complied with.
If either of the prospective spouses is a minor, the Wali (guardian) of the minor must conclude the marriage on behalf of the minor.
The Cabinet member responsible for home affairs or any Muslim person or Muslim body authorised in writing thereto by him or her, may grant written permission to a person under the requisite age to conclude a Muslim marriage if the Cabinet member or the person or body in question considers the marriage to be desirable and in the interests of the parties in question.
If a person under the requisite age has concluded a Muslim marriage without the written permission of the Cabinet member or person or body authorised by him or her, the Cabinet member or the person or body in question may, if he, she or it considers the marriage to be desirable and in the interests of the parties in question, and if the marriage was in every other respect in accordance with the provisions of this Act, declare, in writing, that the marriage is a valid Muslim marriage for all purposes.
The prohibition of a Muslim marriage between persons on account of their relationship by blood or affinity or fosterage, or any other reason, is determined by Islamic law.
concluded before the commencement of this Act, unless the parties have elected not to be bound by the provisions of this Act as provided for in section 2(2), must be registered in the prescribed manner within a period of two years after the commencement of this Act or within such longer period as the Cabinet member responsible for home affairs may, from time to time, determine by notice in the Gazette; or concluded after the commencement of this Act, where the parties have elected to be bound by the provisions of this Act as provided for in section 2(1), must be registered as prescribed at the time of the conclusion of the marriage or within any longer period as the Cabinet member responsible for home affairs may, from time to time, determine by notice in the Gazette.
each of the parties in question produces to the marriage officer his or her identity document issued under the provisions of the Identification Act, 1997 (Act No. 68 of 1997), or his or her birth certificate issued under the provisions of the Birth and Deaths Registration Act, 1992 (Act No.
one of the parties, who is a foreign national, furnishes the marriage officer with proof of his or her lawful sojourn in the Republic, together with his or her original passport or travel document and a prescribed affidavit sworn to before an officer of the Department of Home Affairs, or, in cases of refugees, an original copy of his or her Refugee Identity Document issued in terms of the provisions of the Refugees Act, 1998 (Act No.130 of 1998); or each of the parties, who is a widow or widower, as the case may be, furnishes the marriage officer with a copy of his or her deceased spouse's death certificate issued under the provisions of the Birth and Deaths Registration Act, 1992, or any other law applicable to a foreign national.
A Muslim marriage must be concluded in accordance with the formulae prescribed in Islamic law, including zawwajtuka and ankahtuka ("I marry you (to)").
the registration of any Muslim marriage; or the cancellation or rectification of any registration of a Muslim marriage effected by a marriage officer.
Any person who facilitates the conclusion of a Muslim marriage, irrespective of whether that person is a marriage officer or not, must inform the prospective spouses that they have a choice whether or not to be bound by the provisions of this Act.
The person facilitating the marriage referred to in paragraph (a) who fails to comply with the provisions of paragraph (b), is guilty of an offence and liable upon conviction to a fine not exceeding R20 000.
Failure to register a Muslim marriage as provided for in subsection (1)(a) does not affect the validity of the marriage.
If parties appear before a marriage officer for the purpose of concluding a Muslim marriage with each other and the marriage officer reasonably suspects that either of them is of an age which debars him or her from concluding a valid Muslim marriage without the consent or permission of some other person, the marriage officer may refuse to register a marriage between them, unless he or she is furnished with the required consent or permission in writing, or with satisfactory proof showing that the party in question is entitled to conclude a marriage without consent or permission.
in the case of a marriage concluded before the commencement of this Act, and if at the time of the conclusion thereof a written agreement regulating the proprietary consequences of the marriage existed between the spouses, within 12 months from the date of commencement of this Act; and in the case of a marriage concluded after the commencement of this Act, within three months from the date of execution of the contract, or within any extended period as the court may, on application, allow.
sufficient written notice of the proposed change has been given to all creditors of the spouses for amounts exceeding R500 or any other amount as may be determined by the Cabinet member responsible for the administration of justice by notice in the Gazette; and no other person will be prejudiced by the proposed change, order that the matrimonial property system applicable to the marriage or marriages will no longer apply and authorise the parties to the marriage or marriages to enter into a written contract in terms of which the future matrimonial property system of their marriage or marriages will be regulated on conditions determined by the court.
In the case of a husband who is a spouse in more than one Muslim marriage, all persons having a sufficient interest in the matter, and in particular the husband's existing spouses, must be joined in the proceedings.
for approval to conclude a further Muslim marriage in terms of subsection (7); and for approval of a written contract which will regulate the future matrimonial property system of his marriages.
When considering the application in terms of subsection (6), the court must grant approval if it is satisfied that the husband is able to maintain equality between his spouses as is prescribed by the Holy Qur'an.
order an immediate division of the joint estate concerned in equal shares, or on such other basis as the court may deem just; or order the immediate division of the accrual concerned in accordance with the provisions of Chapter 1 of the Matrimonial Property Act, 1984 (Act No. 88 of 1984), or on any other basis as the court may deem just.
A husband who concludes a further Muslim marriage while he is already married, without the permission of the court, in contravention of subsection (6), is guilty of an offence and liable on conviction to a fine not exceeding R20 000.
Any person who intentionally prevents another person from exercising any right conferred under this Act, is guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding one year.
Notwithstanding the provisions of section 3(a) of the Divorce Act or anything to the contrary contained in any law or the common law, a Muslim marriage may be dissolved by a court on any ground permitted by Islamic law and the provisions of this section also apply, with the changes required by the context, to an existing civil marriage insofar as the parties have, in the prescribed manner, elected to make the provisions of this Act applicable to the consequences of their marriage.
The husband must register an irrevocable TalÄq (which takes effect as from the time of pronouncement thereof) immediately, but in any event, not later than 30 days after its pronouncement, with a marriage officer in the magisterial district closest to his wife's residence, in the presence of two competent witnesses, and after due notice to the wife.
The marriage officer may register the irrevocable TalÄq only if the husband satisfies the marriage officer that due notice in the prescribed form of the intended registration was served upon the wife by the sheriff or by substituted service.
The provisions of paragraphs (a) and (b) apply, with the changes required by the context, where the husband has delegated to the wife the right of pronouncing a TalÄq, and the wife has pronounced an irrevocable TalÄq (TafwÄ«d al-TalÄq), according to the terms of the delegation.
If a spouse disputes the validity of the irrevocable TalÄq, according to Islamic Law, the marriage officer may not register it, until the dispute is resolved by the court or pursuant to a written settlement between the spouses.
A spouse must, within 14 days as from the date of the registration of the irrevocable TalÄq, institute an action in a competent court for a decree confirming the dissolution of the marriage by way of TalÄq and the action so instituted must be in accordance with the procedures provided for by the applicable rules of court.
A copy of the certificate of registration of the irrevocable TalÄq must be annexed to the summons initiating the action referred to in paragraph (e).
An irrevocable TalÄq taking effect before the commencement of this Act is not required to be registered in terms of the provisions of this Act.
Any husband who knowingly and wilfully fails to register an irrevocable TalÄq in accordance with subsection (3) is guilty of an offence and is liable on conviction to a fine not exceeding R20 000.
Where an irrevocable TalÄq has not been registered in accordance with subsection (3), it is nonetheless effective as from the time of its pronouncement.
A court must grant a decree of divorce in the form of a Faskh on any ground which is recognised as valid for the dissolution of marriages under Islamic law, including the grounds set out in the definition of Faskh in section 1.
The granting of a Faskh by a court, including a Faskh granted upon the application of the husband, has the effect of terminating the marriage, in accordance with Islamic Law.
The marriage officer must register the Khula' as one irrevocable TalÄq, in which event the provisions of subsection (3)(e), (f) and (g) apply with the changes as may be required by the context.
has the powers referred to in section 7(1), (7) and (8) of the Divorce Act and section 24(1) of the Matrimonial Property Act, 1984 (Act No.
must, when making an order for the payment of maintenance, including past maintenance, take into account all relevant factors; and may make an order for a conciliatory gift (mut'ah al-TalÄq) in defined circumstances permitted by Islamic law.
In making an order for the custody of, or access to a minor child, or in making a decision on guardianship, the court must, with due regard to Islamic law and the report and recommendations of the Family Advocate, which must take into account Islamic norms and values, consider the welfare and best interests of the child.
Subject to subsection (1), the non-custodian parent must be afforded reasonable access to a child.
In the absence of both parents, for any reason, but subject to subsection (1), the court must, in accordance with Islamic law, in awarding or granting custody (al-hadÄnah) or guardianship (al-walÄyah) of minor children, award or grant custody or guardianship to any person as the court deems appropriate, in all the circumstances.
If an enquiry is instituted by the Family Advocate in terms of section 4(1)(b) of the Mediation in Certain Divorce Matters Act, 1987, the court must consider the report and recommendations of the Family Advocate concerning the welfare of minor children in accordance with Islamic Law before making an order referred to in paragraph (a).
A maintenance order made in terms of this Act may at any time be rescinded or varied or suspended by a court on good cause shown.
If the mediation council certifies that a dispute remains unresolved or if a dispute remains unresolved after the expiry of 45 days from the date of referral thereof, the dispute may be adjudicated by a court.
In the event of the husband, for any reason, refusing to pronounce an irrevocable TalÄq, the wife to the accompanying Muslim marriage is entitled to apply for a decree of Faskh in terms of this Act for that purpose only, in which event the provisions of this Act apply, with the changes required by the context.
Any regulation made under subsection (1) which may result in financial expenditure for the State must be made in consultation with the Cabinet member responsible for finance.
In the event of a dispute relating to whether or not a Muslim marriage concluded in a foreign country is recognised as a valid Muslim marriage under this Act, the dispute must be determined by the court, having regard to all relevant factors, including the principles of conflict of laws and in accordance with Islamic Law.
This Act is called the Muslim Marriages Act, 20, and comes into operation on a date fixed by the President by proclamation in the Gazette.
Note: [ ] Words in bold type in square brackets indicate omissions from existing enactments.
forms an asset in a joint estate and was registered in the name of the husband only; or (d) is registered in the name of a person who on the date of the registration was a party to a marriage governed by the Recognition of Customary Marriages Act, 1998(Act No. 120 of 1998), or a marriage governed by the Muslim Marriages Act, 20.., the registrar shall on the written application by the person concerned and on the submission of the deed in question and of proof of the relevant facts, endorse the change in status or make a note to the effect that the said person is a party to a marriage in community of property, as the case may be: Provided that where there are two or more mutually dependent deeds, all such deeds must be submitted for endorsement: Provided further that in the case of an order envisaged in section 7(9)of the Recognition of Customary Marriages Act 1998 (Act 120 of 1998), or in section of the Muslim Marriages Act, 20, the registrar shall, on submission of the relevant deed and court order and without the necessity of a written application, make the endorsement or note." 2.
88 of 1984, [or] under section 7 of the Recognition of Customary Marriages Act, 1998, or under sections.. or .. of the Muslim Marriages Act, 20 , as the case may be, in terms of which the property, lease or bond is awarded to one of the spouses;" and (b) by the substitution for paragraph (b) of subsection (1A) of the following paragraph: "(b) forms or formed an asset in a joint estate and a court has made an order, or has made an order and given an authorisation under section 20 or 21(1) of the Matrimonial Property Act, 1984 (Act 88 of 1984), [or] under section 7 of the Recognition of Customary Marriages Act, 1998, or under sections.. or .. of the Muslim Marriages Act 20.., as the case may be, in terms of which the property, lease or bond is awarded to both spouses in undivided shares;".
Act 81 of 1987 Intestate Succession Act, 1987 1. Amendment of section 1 by the insertion after paragraph (f) of subsection (4) of the following paragraph: "(g) "spouse" includes a spouse of a Muslim marriage recognised in terms of the Muslim Marriages Act, 20..
Act No and year Short title Extent of repeal or amendment spouse or spouses inherit the intestate estate in equal shares; (ii) for the purposes of subsection (1)(c), the surviving spouse or spouses each inherits a child's share of the intestate estate or so much of the intestate estate in equal shares as does not exceed in value the amount so fixed as provided for in this section.
Act 27 of 1990 Maintenance of Surviving Spouses Act, 1990 1. Amendment of section 1 by the insertion after the definition of "executor" of the following definition: " 'marriage' includes a Muslim marriage recognised in terms of the Muslim Marriages Act, 20.. , and otherwise includes a union recognised as a marriage in accordance with the tenets of any religion.".
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Minister Xingwana was responding to questions by children at the launch of the Child Protection Week at Abraham Kriel Childcare Centre in Langlaagte in Johannesburg today.
Minister for Women, Children and People with Disabilities Ms Lulu Xingwana has urged women in abusive relationships not to withdraw cases of abuse but to allow the law to take its course. > >Minister Xingwana, accompanied by Deputy Health Minister Gwen Ramokgopa, visited the family of Moji Tsekedi in Soweto today. The family told the Ministers that Tsekeldi is believed to have been murdered by her partner on Sunday May 15 after an argument at their backroom shack in Jabavu, Soweto. Minister for Women, Children and People with Disabilities Ms Lulu Xingwana has urged women in abusive relationships not to withdraw cases of abuse but to allow the law to take its course. > >Minister Xingwana, accompanied by Deputy Health Minister Gwen Ramokgopa, visited the family of Moji Tsekedi in Soweto today. The family told the Ministers that Tsekeldi is believed to have been murdered by her partner on Sunday May 15 after an argument at their backroom shack in Jabavu, Soweto.
Minister Lulu Xingwana: Progressive Womens Movement of South Africa Summi?
Minister for Women, Children and People with Disabilities, Ms Lulu Xingwana welcomes the arrest of suspects in relation to the murder of three school girls at Makgwareng section in Nobody village outside Polokwane. Most often, rape and murder suspects go out and rape and murder more children if they are granted bail, Minister Xingwana told hundreds of mourners at the funeral.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=18342&tid=33294 Size: 2KB Speaker: L Xingwana Collection: speeches_cm?
Government s efforts of empowering rural women through agriculture have started to yield positive results in Limpopo, where women in the district of Mopani are taking the bull by its horns as far as commercial farming is concerned.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=18448&tid=33556 Size: 3KB Speaker: L Xingwana Collection: speeches_cm?
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=18360&tid=33301 Size: 11KB Speaker: L Xingwana Collection: speeches_cm?
The Department for Women, Children and People with Disabilities is extremely excited that the Presidency is taking the lead in the efforts to ensure that gender is mainstreamed in operations of government departments.
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What's in a name 'Green Point Stadium' is Cape Town Stadiu?
Finally!
The city's 2010 FIFA World Cupâ stadium has a new name: Cape Town Stadium.
Want to get involved?
2010 - 1000 days and counting...
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URL: http://www.info.gov.za/speeches/2006/06092010451004.
URL: http://www.info.gov.za/speeches/2006/06082916451001.
Minister of Sport and Recreation, Makhenkesi Stofile and the Minister of Correctional Services, Ngconde Balfour, will launch the first ever games of prisons and correctional officials from the SADC in Durban on 28 August 2006 at the University of KwaZulu-Natal at 10h00.
This gathering in the form of the Extra Ordinary Conference of Eastern, Southern and Central Africa (CECSCA) Heads of Correctional and Prisons Services signals a new beginning in the history of correctional services in Africa. It is against this backdrop that we also call for the formation of a correctional services organ within the African Union and the United Nations to advance the interests of Correctional and Prisons Services in Africa.
Your institution is invited to cover the official handover of a multi-million rand state of the art security system to the Minister of Correctional Services Ngconde Balfour on Monday, 21 August 2006, at the Pretoria Management Area at 10h30. Last year Minister Ngconde Balfour announced a multi-million rand biometric access control system with closed circuit television monitors for installation in 66 centres of excellence and priority maximum security centres around the country.
URL: http://www.info.gov.za/speeches/2006/06082110451004.
Minister of Correctional Services, Ngconde Balfour, today announced the beginning of construction of six new generation centres with the formal unveiling and the bricklaying ceremony at the site of the new Kimberly generation centre.
Correctional Services Minister Ngconde Balfour says: "All of us are very relieved that Mathe is re-arrested." Addressing a media briefing on the re-arrest of Mathe, a dangerous offender that escaped from C-Max Correctional Centre on Saturday, 18 November 2006, Minister Balfour said the South African society has demonstrated its unity in action against crime.
URL: http://www.info.gov.za/speeches/2006/06120811151002.
Results: 1 to 3 of 3 (104467 searched in 1.194.
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URL: http://www.info.gov.za/speeches/2009/09050613051001.
The Minister for Social Development, Dr Zola Skweyiya, today opened the HIV and AIDS in Africa: Getting Research into Policy and Practice Colloquium hosted by the Human Sciences Research Council (HSRC). Speaking at the colloquium Dr Skweyiya reminded the group of civil society, academia and government representatives that their meeting was an answer to the call by the Special Summit of the African Union on HIV and AIDS, tuberculosis and malaria.
URL: http://www.info.gov.za/speeches/2008/08032710451005.
PART 2 - PARTNERSHIPS IN CONTEXT12 2.3 An Overview of the Health NPO Sector in South Africa15 3.
PART 4 - MANAGING YOUR NPO ENGAGEMENTS 33 4.1 Components of Supervision ofNPO Activities 33 4.3 Engaging NPOs40 4.
District need analysis/assessment53 5.
Introduction68 6.
Improving the NPOs Chances91 7.
PART 8: REPORTING109 8.
The Department of Health through the EU Partnerships for Health Programme initiated and supported the development of partnership arrangements betw een provincial government and not for profit organisations for the rendering of primary health care services. Importantly, the programme is supporting the development of a knowledge base in South Africa on how to enter into and manage partnerships within the health sector between government and not for profit organisations. Initially, these partnerships were to be in the formof PPP but later it wasfound out that it will not be possible.
This guide must be read and implemented w ith other three guidelines that had been developed for the purposes of empow ering Department of Health and NPOs in the country. This guideline addresses, amongst other issues, the requirements contained in the Public Finance Management Act and the Section 16 regulations for public private partnerships. Again, the content of the Guideline is targeted toward a specific user, namely provincial and other government officials.
Who is this Guideline for?
The Guidelines already drafted for Health Partnerships programme w ere used as the baseline material for this Guideline. Key information relevant to the Technical Assistant was extracted and modified for its inclusion. Some desktop researchwas undertaken to address the specific needs of the Technical Assistant.
It is important that this Guideline is used with other guide packs that are available for example, the Department of Health, Department of Social Development, donor agents and other capacity building and support NPOs.
Part 1: This is the introductory section to the Guideline explaining its purpose, who the Guideline is for, how it was developed, how it will be piloted and how the Guideline should be used.
Part 4: This part examines the roles and responsibilities linked to the partnership for health programme, the components of supervision of NPO activities and a possible structure for NPOs.
This section of the Guideline provides an explanation of the delivery of the primary health care services in South Africa, the role of the health sector NPOs and the growing use of NPO/Government partnerships for the management of this relationship.
In contracting w ith government, it is important to know and understand w hat sphere of government is responsible for what function. It is illegal for a provincial department or municipality to sign a contract for service if it does not have the responsibility to provide that service. Within this context, who is then responsible for and what is primary health care services?
Almost all of the primary health care services are a function of provincial government. This responsibility has only recently been clarified through the definition of health services as contained in the National Health Act No 61 of 2003. How ever, for historical reasons, some municipalities have also been rendering part of the primary health care services mainly in the form of municipal clinics. All provinces are now in the process of "provincialising2" these services. This means that all clinics, community health centres, districthospitals etcwill be run by provincial departments of health in the near future.
South Africa is now divided into a number of health districts w hich, in almost all cases, are aligned to either a metropolitan or a district municipality boundary. This allows for the delivery of health services within manageable areas that have economies of scale but which are also close to the community3.
There are a number of key aspects linked to the primary health care approach.
3 SeeDrIToms"LocalGovernment ViewsofProgresstoDHS"DBSA WorkshopReport ontheImplementationoftheDistrict Health System; Johannesburg13October 2005 2.3 An Overview of the Health NPO Sector in South Africa wide geographic area are being funded. Many have been operating for awhile and are well recognised in the communities in which they render services. On the other hand in Limpopo and the Eastern Cape, the organisations are often much smaller serving a local community. Often the area served is set by the walking distances of the health care givers.
The CASE report provides a breakdownwith each category of organisation.
Generally, the sector employs women. This is especially true within the health sector.
The NPO sector generates an annual income of approximately R14 billion of which almost R6 billion is funded by government8.
17 benefit from it, and all those who can use it to the benefit of communities, and listen willinglyand carefullyto the inputs made bycivil society organisations.
Develop the NPO sector to be better able to provide service.
Other problems cited are the political resistance to the use of NPOs in the delivery process and, the lack of capacity within government to manage partnership arrangements. In addition, Netshipale notes that "the lack of guidelines and frameworks for supporting both the government sector and the NGO sector in development and managing service delivery mechanisms and agreements 13" remains a major challenge in the South African context.
The New Zealand government's guidelines for contracting with Non Governmental Organisations comments that governments should understand the characteristics of the organisations they are partnering w ith. The report notes that contracting and funding relationships with the community organisations should be consistent with the its stakeholders '17.
"successful contracting takes a high degree of trust and collaboration between the purchaser (international agencies or government) and the NGOs"18. This is not alw ays the case as was well reflected during the apartheid period in South Africa with some organisations established solely for the purpose of opposing the State.
Ovenset al commenton the potential risks associated with the contracting of NPOs and note that they often may not have sufficient financial reserves to cover the delays in funding flows. Moreover, NPOs are often small and the loss of key individuals can affect the sustainability of the organisation. This can partially beprevented withwell directed capacity building initiatives21.
The function of this section is threefold. Firstly it defines and explains some key concepts associated with Not for Profit Service Organisations (NPOs), which for the purpose of this document are called Not for Profit Organisations (NPOs). It then reviews some of the advantages, risks and disadvantages of partnerships w ith NPOs. Thereafter it providessome hints and tips onmanaging partnershipswith NPOs.
NPOs are, first and foremost, civil society organisations. They are one of the diverse organisationalforms that exist outside of the state and the market.
surpluses are treated as retained income for the purpose of supporting the activities/services of the organisation.
Service-oriented means that the primary focus of the organisation is the provision of a service (or services) to a defined community, target group or set of individuals.
An NPSO can be a non-governmental organisation (NGO) or a community-based organisation (CBO).
Non-Governmental Organisations are national or international bodies that operate outside of the state and the business sector. They are governed or managed by a group of elected or appointed members and are accountable to this governing body. NPOs tend to be larger and more developed than CBOs and have a larger proportion of paid, professional staff.
Trust These organisations are established to receive and allocate funding and they cannot deviate from this role. Trustees are appointed to oversee management and administration. A Trust must beregistered with both the Inland Revenue and the Master of the Supreme Court and must abide by the Trust Property Control Act. This status best suits organisations that channel funds to other organisations. The trustees are then responsible for seeing that funds are properly used.
NPOs can provide services that are strategic, targeted, creative, responsive, sustainable, affordable, locally relevant and not linked to the government.
NPOs can provide a channel for inputs of external resources such as technical, human and material resources, as well as donor funding.
NPOs can contribute positively to policy formulation and programme planning by sharing their practical experience of service provision and interaction w ith communities.
NPOs can improve access to goods and services to the poor, under-served and 'hard to reach' byworking around the constraints of existing systems, structures and infrastructures.
26 o It can support participatory approaches to project development and service delivery. There may be a greater sense of community ownership and responsibility for services. This in turn can mean that there is increased accountability and responsiveness.
developing partnership agreements w ith NPOs, most of these can be addressed through appropriate support, capacity building and training interventions.
Some NPOs may find it difficult to make the shift to the output orientation required by the SLA agreement.
Keep project proposals simple and focused.
Effective partnerships are normally forged around simple, focused ideas for small-scale projects that are w idely understood and accepted. As the project 'matures' and capacity is built, interventions can be scaled-up and coverage increased.
Ensure that the issue of sustainability informs planning and action at all stages.
Create and promote an enabling environment.
Partnership agreements are most successful when they operate within a supportive legal, policy and institutional environment. Research by the Municipal Infrastructure Investment Unit (MIIU) suggests that a number of components can contribute to an enabling environment. These are represented in Diagram 1 below.
A detailed work plan or business plan can assist in the successfulimplementation of the partnership agreement. Oncethe partnership agreement has been signed, it is helpful to draw up a work plan or business plan detailing the activities involved over the implementation phase. The plan should make reference to the required outcomes, responsible parties, time frames and resources/inputs required. It may be helpful to have linked work plans for allparticipating role players. Work plans should be reviewed and, if necessary, revised regularly. It is possible to request for draft or broad work plans to be submitted as part of the competitive bid. These planswould be finalised post the signing of the agreement.
process. Similarly, performance monitoring should be regarded as an opportunity to improve the outcome andpositive impactofthepartnership.
Monitoring and evaluation of an SLA must be planned from the outset. Monitoring and evaluation is about reflecting upon what hasworked, what has not and about proposing solutions for problems. This aspect is discussed in more detail later in the Guideline. It can also support advocacy, mobilisation of resources and the strengthening of future partnership agreements.
Review orevaluation Identification and design ectiveness, efficiency andimpact proposed intervention.
NPOS are notsmall, micro and medium enterprisesor contracted individuals.
NPOs have three main formsof legal status: -Section 21 Companies -Voluntary Associations -Trust.
4.1 Understanding the Roles and Responsibilities Linked to the NPO Partnerships coordination and management.
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This question paper consists of 6 pages, a topographical map and an orthophoto map.
A non-programmable calculator may be used.
Note: the resource material must be collected by the schools for their own use.
Write your NAME and that of your SCHOOL in the spaces provided.
Answer ALL the questions in the spaces provided on this question paper.
You are supplied with an extract of the 1:50 000 topographical map, and an extract of the orthophoto map of the same area.
The topographical map and the orthophoto map must be handed over to the invigilator at the end of the examination session.
All Afrikaans terms that appear in the questions in this paper and their English translations are shown on the 1: 50 000 topographical map.
The following questions are based on the 1:50 000 topographical map, 2930BA GREYTOWN as well as the orthophoto map of the same area. Various possible options are provided as answers to the following questions. Choose an answer and write only the letter (A-D) in the block next to each question (1.1-1.10).
1.1 The number of the topographical map to the north of map 2930BA GREYTOWN is...
1.2 The exact location (co-ordinates) of the museum in block A6 is...
1.3 The direction of the Town Hall (block A6) from the museum (block A6) is...
1.4 The man-made feature labelled C on the topographical map in block A8 is a...
1.5 The contour interval of the topographical map is...
1.6 The natural feature marked A on the topographical map in block D3 is...
1.7 The map projection used on the orthophoto map is...
1.8 The orthophoto map depicts blocks on the topographical map.
D. A6; A7; A8; B6; B7; B8; and C6; C7; C8 1.9 The scale of the orthophoto map (1:10 000) is than the 1:50 000 scale of the topographic map.
1.10 The feature marked 1 on the orthophoto map is...
QUESTION 2 2.1 Calculate the real (actual) distance from point K along the other road (block B3) a car would travel to point H along the other road (block C2) in kilometres. Show all calculations.
2.2 How long would you take to travel from point K to point H if you travelled at 80 km/h Show ALL calculations?
2.3 The following cross-section was drawn from point 3 to point 4 on the orthophoto map.
Use both the topographical map and the orthophoto map. Identify the contour value of both point 3 and point 4.
Identify the land use of the area marked 3 and 4..
2.4 Calculate the vertical exaggeration of the cross-section. Show ALL calculations.
Calculate the average gradient from point 3 to point 4 on the orthophoto map. Show ALL the calculations.
Is the gradient that you calculated in 2.5.1 steep or gentle?
Explain your answer to 2.5.2.
QUESTION 3 3.1 The mapped area experiences seasonal rainfall. Support the statement with evidence from the map.
3.2 It is evident from the features depicted on the map that there is not always sufficient rain in the dry season, but other ways of storing water are used. Name one piece of evidence from the map that supports this observation.
2010 Geography Grade 12 Paper 2 3.3 Locate the golf course in block B6 on the topographical map.
Which physical factor played a role in selecting the site for this golf course?
Is the golf course centrally located Motivate your answer with evidence from the map?
Why would the site selected for the golf course not be suitable for heavy industry?
3.4 Refer to both the orthophoto map and the topographical map and identify the features labelled B, D and J.
3.5 Find the Town Hall in block A6.
In which urban land-use zone is the Town Hall located?
Why would one find the Town Hall in this land-use zone (as mentioned in 3.5.1)?
Give TWO pieces of map evidence to substantiate your answer to 3.6.1.
What town is nearest to Greytown?
QUESTION 4 4.1 GIS can store, manage, analyse and display data. What does the acronym GIS stand for?
4.2 To manage the data in GIS you must look at the different parts that make up the system. Name any TWO parts of GIS that make up the system.
4.3 There are two main types of data, namely spatial data and attribute data. Differentiate between spatial data and attribute data.
4.4 Explain what is meant by the terms vector, raster and image data.
4.5 Geographical information is obtained in a number of ways.
State any TWO ways in which geographical information can be obtained.
What is a geographical database?
Explain the difference between a geostationary and polar orbiting satellite.
<fn>GOV-ZA.2010nscg12mathsliteracymemo2En.2012-02-10.en.txt</fn>
Cat.
Take the price of any ticket in ZAR and divide it by the price of the same ticket in US$. For example, Cat. 1 opening match: 3 150 Ã· 450 = 7 ââ.
South African's have been advantaged by the use of the R7,00 to 1 US$. ââ In the other months before 2010 the exchange rate was always higher ââ, and if these rates had been used, the tickets for South Africans would have been more expensive.
2.2 2.2.1 The line graph creates the impression that attendance at the World Cups has seen a steady increase from the first tournament to the present - with a peak in attendance at the 1994 tournament in the USA. We get this impression because the graph is increasing from left to right.
The number of matches has also increased over the years from 17 matches in 1930 to 64 matches at each tournament since France in 1998.
Average match attendance has not varied much over the years.
The people building stadiums would be interested in the average match attendance - this will impact on the size of the stadiums they manufacture. ââ The people running the tournament would be interested in the total number of tickets sold as this impacts on budgeting for the tournament.
3.3 Several solutions are possible.
Although South Africa has not been given odds as low as those of New Zealand/North Korea at 1 500 - 1, the odds for South Africa are nonetheless 100 - 1, which is not very favourable. The bookmakers do not expect South Africa to win the tournament. At best they give them a very slight chance.
<fn>GOV-ZA.2010nscg12mathsliteracypaper2En.2012-02-10.en.txt</fn>
Matches Cat. 1 Cat. 2 Cat. 3 Wheelchair Cat. 1 Cat. 2 Cat. 3 Cat.
Opening match (No.
Group matches (No.
Round of 16 (No.
Quarter-finals (No.
Semi-finals (No. 61 & 62) 600 400 250 100 4 200 2 800 (b) 700 700 3rd/4th place match (No.
The final (No.
*Cat. 4 is reserved for South African residents and will be sold exclusively in ZAR.
How many US$ does a Cat. 1 ticket for the opening match cost (2?
How many ZAR does a Cat. 3 ticket for a quarter final match cost (2?
Which is the most expensive ticket and how much does it cost (in US$) (3?
Which is the least expensive ticket that a South African can buy and how much does it cost (in ZAR) (3?
2008 to December 2009 (source: www.x-rates.com) is represented by the graph below.
What was the average ZAR to 1 US$ exchange rate for April 2009 (2?
In which month was the average ZAR to 1 US$ exchange rate lowest (2?
In which month was the average ZAR to 1 US$ exchange rate highest (2?
What is the rand to US$ exchange rate that has been used by FIFA in developing the ticket cost table at the start of the question Show how you determined your answer. (4?
Use the exchange rate that you have determined in 1.2.4 to calculate the values of (a) and (b) in the table.
2009 and the exchange rate used by FIFA in determining the ticket prices, discuss whether or not South Africans have been advantaged or disadvantaged. Remember to justify your answer as fully as possible.
One of the challenges of planning for the World Cup is estimating the number of spectators that will attend the tournament.
The graph below shows the actual number of tickets sold (attendance) for each of the World Cup tournaments since the 1930 tournament in Uruguay.
The graph also shows the number of matches that were played in each tournament.
Which country hosted the tournament in 1982 (2?
How many matches were there in the 1962 tournament in Chile (2?
at the World Cup Explain how you have determined your answer. (4?
Describe what has happened to the number of matches in each tournament over the history of the tournament.
Discuss the trend in average match attendance.
Estimating the actual number of tickets to be sold per tournament as well as the number of tickets to be sold per match is important for planning purposes.
Discuss the importance of each of these figures by suggesting different people who would be interested in each of the different values.
Abadom, a Nigerian fan, is planning to follow his team through the group matches. Nigeria has been drawn in Group B. The table below gives the match fixtures for Group B.
In which city does Nigeria play its first match (2?
On what date and at what time does Nigeria play its second match (2?
Who is Nigeria's opponent in the third match (2?
On what day of the week does Nigeria play against Greece 3.1.5 Make a list of the cities that Abadom must travel to and the order in which he must visit them in order to follow his team. Abadom has decided to travel from one city to the next by train. He has the following information about the trains that he might use. (2) (4?
NOTES: The left-hand column shows the departure times from each station on the journey described in the title (e.g. Johannesburg - East London). This must Å¸ be read from top to bottom. The right-hand column shows the departure times from each station on the opposite journey (i.e. East London to Johannesburg for the Johannesburg Å¸ - East London route). This column must be read from the bottom up. The last (highlighted) time in each column is the arrival time at the final destination.
On what day of the week does the train leave Cape Town (2?
At what time of day does the train leave Cape Town (2?
At what time and on what day of the week does the train reach Durban (2?
Abadom cannot leave a town until well after the match is over.
Abadom must arrive in each town with time to spare before the match starts.
£ Dates and times of arrival in each city.
In order to host the FIFA world cup a host nation needs to have or must build appropriate stadiums. FIFA provides very clear guidelines regarding the dimensions and design of such stadiums. The diagram above comes from the FIFA guidelines for stadium design. The diagram shows both the ideal distance for spectators from the centre of the field and the maximum distance that any spectator should sit from the furthest corner of the field.
What, according to FIFA, is the optimal distance for a spectator to sit from the centre point of the field (2?
What, according to FIFA, is the maximum distance that a spectator should sit from the furthest corner of the field (2?
4.2 The diagram above has been drawn according to scale. Using your ruler and the dimensions provided on the diagram estimate, to the nearest 10 m, the distance that a spectator at point A will sit from the scoreboard on the opposite side of the field.
4.3 FIFA has developed the diagram and formula above to help tournament hosts with the development of scoreboards. Assume that in a particular stadium the maximum distance of a spectator from the scoreboard is 220 m. Use the formula provided by FIFA to calculate the minimum dimensions of: It is human nature to want to make predictions, and it is no less so with the 2010 World Cup. Long before the tournament even started, people already predicted who will win. That is not to say that everybody agreed.
H in metres.
The scoreboard in metres.
One place in which these predictions manifest themselves is in sports betting. Bookmakers offer odds on each of the different teams winning the tournament. People (punters) place bets with the bookmakers and, if they are correct, then they get paid out according to the odds of the bet. If they are wrong they lose their bet.
For example, a bookmaker offers odds of 15-1 (we say: "fifteen to one") on a particular team winning. A punter places a R5 bet on that team. The team wins. The punter will be paid out R5 Ã 15 = R75 plus the R5 bet that he/she placed: total payout = R5 + R75 = R80.
What odds does the bookmaker offer for Ghana winning (2?
What odds does the bookmaker offer for Uruguay winning (2?
5.2 Consider the Netherlands. The odds the bookmaker offers for the Netherlands winning are 12-1.
What would be the total payout for a bet of R25 if the Netherlands won the tournament (6?
What amount would a person have bet if the Netherlands won and they were paid out a total of R2 080 for their bet on the team (6?
Which team is least likely to win the tournament Justify your answer. (3?
Which team is most likely to win the tournament Justify your answer (3?
What chance does the bookmaker give South Africa of winning the tournament Explain your answer. (3?
<fn>GOV-ZA.2010nscg12mathsmemo1En.2012-02-10.en.txt</fn>
(1; 8) is the point of contact between the straight line y = 2x + 6 and the parabola y = -3x2 + 8x + 3. There is one point of contact. Ã line is a tangent to the curve.
\ It will take 17,95 years to pay back the loan.
(Simplifications at various stages are not necessary.
\ It is worth R556 109,76. (3) 2.2.
\ They will need to pay R260 019,40 per month.
\ Depth is 75,49 m.
\ Company will never reach the water. â (4) _ -3 5.1 5.1.
0 = x(x - 16) x = 0 or x = 16 \ Maximum area will be covered after 16 months.
\ The rate of growth was 221 2begun.
Æ(3) = 0 and (3; 0).
9.1 x = No. of guitars of type A y = No.
\ Use search line of slope - 25 see sketch.
\ Maximum profit for x = 6 and y = 12 at point A.
5 1 000This line is parallel to one of the borders of the feasible region. Therefore maximum profit occurs at any whole-number point on this line.
<fn>GOV-ZA.2010nscg12mathsmemo2En.2012-02-10.en.txt</fn>
This joint initiative between the Department's of Education and Public Works and other stakeholders represents a historic occasion in the history of the Eastern Cape. South Africa and in particularly the Eastern Cape is still confronted with a huge backlog in the provision of proper school buildings, especially in the former Transkei.
<fn>GOV-ZA.2010nscg12mathspaper2En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2010nscg12physicalsccememo1En.2012-02-10.en.txt</fn>
The Deputy Minister of Defence, Ms Nozizwe Madlala-Routledge, has launched the HIV treatment project at 121 Batallion in Mtubatuba, KwaZulu-Natal today. "Phidisa", which means "to heal", is a clinical research project aimed at providing treatment options for HIV positive members of the South African National Defence Force (SANDF) and their families.
URL: http://www.info.gov.za/speeches/2003/03120409001005.
In 1996 free care was extended to all those attending government Primary Health Care facilities, and in 2003 free health care was extended to those with disabilities. Like water committees, community policing forums and school governing bodies, these health committees will bring community representatives together with health care providers and government representatives to ensure quality health care and communicate and support health campaigns.
URL: http://www.info.gov.za/speeches/2004/04061715151003.
<fn>GOV-ZA.2010nscg12physicalsccememo2En.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2003/03092609461004.
URL: http://www.info.gov.za/speeches/2003/03092910461002.
Economic and Development Labour Council (Nedlac) at the Eighth Annual Nedlac Summit held in Sandton today.
<fn>GOV-ZA.2010nscg12physicalsccepaper1En.2012-02-10.en.txt</fn>
Write your centre number and examination number in the spaces on the ANSWER BOOK.
Answer ALL the questions.
Answer SECTION A and SECTION B in the ANSWER BOOK.
Non-programmable calculators may be used.
Appropriate mathematical instruments may be used.
Number the answers correctly according to the numbering system used in this question paper.
Data sheets are attached for your use.
Give brief motivations, discussions, etc. where required.
Give ONE word/term for each of the following descriptions. Write only the word/term next to the question number (1.1 to 1.5) in the ANSWER BOOK.
1.1 The product of the net force and the time during which the force is applied on an object.
1.2 The law that states that: The sum of the potential energy and kinetic energy before - is equal to the sum of the potential energy and kinetic energy after -.
1.3 The splitting of white light into separate colours.
1.4 Radiation which is commonly associated with heat or thermal radiation.
1.5 The law that states that: The EMF induced in a conductor is proportional to the rate at which the conductor cuts through the magnetic field lines.
Each of the five statements below is FALSE. Correct each statement so that it is TRUE. Write only the correct statement next to the question number (2.1 to 2.5) in the ANSWER BOOK. NOTE: Correction by using the negative of the statement, for example " IS NOT ", will not be accepted.
2.1 When a ball is thrown vertically upwards, at its highest point it experiences no force.
2.2 When the speed of an object doubles, the kinetic energy of the object also doubles.
2.3 When white light passes through the cool vapour of an element and is observed through a diffraction grating, an emission spectrum is observed.
2.4 The largest potential difference would be across the resistor that has the smallest electrical resistance.
2.5 The rms current is the peak current that will flow in a coil of a generator during one cycle.
Four options are given as possible answers to the following questions. Each question has only ONE correct answer. Write only the letter (A to D) next to the question number (3.1 to 3.5) in the ANSWER BOOK.
3.1 Which of the following force/time graphs represent the resultant force experienced by an object that falls from a great height and reaches terminal velocity before striking the ground. Take down as positive.
3.2 An astronaut with mass m has a weight W on earth. What will his or her mass and weight be on Jupiter if the gravitational acceleration of Jupiter is 24 times that of the earth?
3.3 Snooker ball X initially moves with a horizontal velocity of 6 m·s-1 to the right and collides with two identical snooker balls Y and Z, which are stationary.
3.4 Two metal spheres X and Y on insulated stands are placed 10 cm apart. A charge of 4 Î¼C is placed at X and a charge of -6 Î¼C is placed at Y. Z is 5 cm away from Y. The electric field strength at point Z due to the charge on Y only is...
3.5 What is the current flowing in the circuit below?
QUESTION 4 4.1 Thembi decides to investigate the motion of a pingpong ball when it bounces on the ground. Thembi plots the graph of the ping-pong ball's motion. The graph below shows the velocity-time graph for a vertically bouncing ping-pong ball, which is released above the ground at A and strikes the floor at B. The effects of air resistance have been neglected.
State what the gradient of a velocity-time graph represents.
Explain why the gradient of the line AB is the same as line CD.
State what the area between the line AB and the time axis represents.
State why the velocity at C is negative.
State why the speed at C is less than the speed at B.
4.2 The ping-pong ball has a mass of 0.15 kg and is dropped from an initial height of 1.2 m. After impact the ping-pong ball rebounds to a height of 0.75 m.
the speed of the ping-pong ball immediately before impact with the ground.
the speed of the ping-pong ball immediately after impact with the ground.
the change in momentum of the ping-pong ball as a result of the impact.
the resultant average force acting on the ping-pong ball during impact if it is in contact with the floor for 0.10 s.
A ball with a mass of 20 g is fired horizontally into a catcher mounted on top of a vehicle. The vehicle is resting on an air track.
The vehicle and the catcher have a combined mass of 0.38 kg and move along the air track at a steady speed of 1.2 m·s-1 after the ball has entered the catcher.
5.1 State the law of conservation of momentum.
5.2 The figure above shows the type of apparatus which could be used to investigate this interaction in the laboratory. Explain why the air track is used.
5.3 What is the total momentum of the ball, catcher and vehicle when they are moving along the runway (3?
5.4 Calculate the speed of the ball before it entered the catcher.
QUESTION 6 6.1 Nonnie, a cyclist rides along an uphill road at a constant speed of 9.0 m·s-1 . The combined mass of Nonnie and the bicycle is 70 kg. For every 15 m that she travels along the uphill road, she gains 1.0 m in height. Neglect energy loss due to frictional forces.
Calculate the component of the weight of the bicycle and Nonnie that acts along the incline.
Calculate the power developed by Nonnie in riding up the slope.
6.2 Nonnie stops pedalling and the bicycle freewheels up the incline for a short time.
State the energy change taking place as the bicycle freewheels up the slope.
Calculate the distance travelled along the slope from where Nonnie stopped pedalling to where the bicycle comes to rest.
QUESTION 7 7.1 3-D motion pictures are made in such a way that it must be viewed through special glasses with one red and one blue lens to produce a 3-dimensional effect.
Two images are displayed on the screen, one in red and the other in blue. The coloured filters on the lenses only allow light from the image which is the same colour as the lens to enter each eye, and your brain does the rest.
Which subtractive primary colours should be used to make a red lens (2?
What is the complementary colour of red (1?
Explain why magenta and cyan lenses cannot be used in place of red and blue lenses when the projected images are in red and blue.
7.2 The sound-crew technicians John, Themba and Alfred are setting up the sound system for a large outdoor concert. John positions two loudspeakers, one on each side of the stage and both facing directly out into the area where the audience will stand. In order to test loudness settings, he broadcasts a sound of a single frequency simultaneously from each speaker. Themba and Alfred are standing in the audience area in order to gauge if the loudness settings are suitable. Themba hears an extremely loud sound and says that the volume should be reduced.
Alfred hears almost nothing at all and says that the volume should be increased.
Sketch a diagram to illustrate the wavefronts emanating from the two speakers. Include a heavy dot to indicate a position where Themba might be standing.
Name the wave phenomenon that causes Alfred to not hear almost any sound.
After discovering that Themba and Alfred are hearing two different things, the three technicians assume that their sound equipment must have been damaged during transport. They begin to pace around the audience area, trying to decide what to do next. As they walk from one side of the audience area to the other (parallel to the stage) they discover that there are alternating regions of loud and quiet. The technicians are perplexed. They obviously don't remember their Grade 12 Physics lessons!
List two changes which will cause the width of the alternating regions to decrease.
Thembi standing in a corridor at the back of the concert hall, about 10 metres from an open doorway leading to the stage, hears the sounds coming from the hall, despite the fact that the walls are sound-proof. Name the phenomenon that allows her to hear these sounds.
Briefly explain why the pattern of loud and soft regions is not detected by the audience during the actual rock concert.
QUESTION 8 Two boats (A and B) are stationary at different ends of the harbour. The boatmen in each boat hear the sound of a dolphin but cannot see the dolphin. The men on boat A hear the pitch of the dolphin decreasing while the men on boat B hear the pitch of the dolphin increasing.
8.1 What effect is responsible for the changing pitch of the dolphin for the men in each boat (1?
8.2 What is the most likely position of the dolphin Choose from positions X, Y or Z on the diagram above. (1?
8.3 The following diagram shows the sound-wave pattern produced by the dolphin.
Which position is Boat A likely to be in Select from K, L, M or N. (1?
will hear.
For a boat in position N, state how each of the following will change or remain the same if the dolphin speeds up.
Wavelength of the received sound.
Frequency of the dolphin's call.
9.1 Give the name for the parts labelled X.
9.2 What is the energy conversion taking place in this generator (1?
9.3 Use Fleming's Right Hand Dynamo Rule to determine the direction of the induced current in the coil. Give your answer as either c to d, or d to c.
9.4 The figures below show the position of the coil during a full rotation. Draw a sketch graph of emf vs. time for one full rotation of the coil. Clearly mark positions A to E on your graph.
John has made a simple generator similar to that shown in the sketch and he decides to investigate the factors that influence the size of the induced emf.
9.5 Give 2 different variables that he could investigate and state how he should change each of them in order to increase the induced emf.
9.6 What structural difference is there between a D.C. generator and an A.C. generator (2?
Two objects, A and B, carrying charges of + 6 Ã 10-9 C and -7 Ã 10-9 C respectively, are placed 0,15 m apart.
10 2010 Physical Science Grade 12 Paper 1 10.1 State Coulomb's law in words.
10.2 Sketch the electric field pattern for the two objects.
10.3 Calculate the magnitude of the force the two charges exert on each other.
10.4 Are these forces attractive or repulsive (1?
The distance is doubled?
Both charges are halved (2?
The apparatus below can be used in an experiment to determine the internal resistance of a battery.
11.1 Draw the circuit diagram required to allow you to take the readings necessary to determine the internal resistance of the battery.
11.2 In one experiment the potential difference across the battery and the current is measured and recorded for a number of different values of resistor connected across the battery. The results are recorded in the table.
Give the dependent and independent variables for the experiment.
Which variable must be controlled during the experiment (1?
Draw a graph of voltage versus current for the readings shown in the table on the graph paper.
The emf of the battery.
The maximum current the battery can supply.
The internal resistance of the battery.
The diagram below shows an experimental arrangement used to demonstrate aspects of the photo-electric effect. A photo-electric cell is coupled in series with a voltage source and an ammeter. When photoelectrons from the photo-electric cell are emitted, the ammeter registers a current.
12.1 The metal plate is illuminated with radiation of a particular frequency, but does not emit photo-electrons. If the intensity of the radiation is increased, state and explain what effect this increase will have on the observed current.
12.2 The metal plate is illuminated with radiation such that photo-electrons are emitted. The intensity of the radiation is increased. State and explain what effect this increase in intensity has on the observed current.
3 The metal plate is illuminated with radiation such that photo-electrons are emitted.
Air is allowed to enter the photo-electric cell and the vacuum is destroyed. State and explain what effect the air will have on the observed current.
The diagram alongside shows how the maximum kinetic energy of electrons emitted from the cathode of a photo-electric cell varies with the frequency of the incident radiation.
12.4 Write an equation that shows the relation between the energy of an incident light photon on a metal surface and the emission of photoelectrons from that surface. Briefly state the meaning of each term in the equation.
maximum wavelength of electro 0 10 20 30 magnetic radiation that can release frequency Ã 1014 Hz photoelectrons from the cathode surface.
<fn>GOV-ZA.2010planningontrackEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2010posterdesigncompetitionEn.2012-02-10.en.txt</fn>
The City of Cape Town launched its host city poster design competition on 15 April 2008 as part of its promotional activities ahead of 2010.
The nine 2010 host cities are holding competitions to produce a poster to promote and position themselves, and will each choose a winning poster, which will then be referred to FIFA, who will announce the winner in September.
"This is another visual marketing tool for the city to raise awareness and promote buy-in by the residents of Cape Town," said City of Cape Town 2010 spokesperson Pieter Cronje.
He added that the competition marks another milestone in the City's preparations for the 2010 FIFA World Cup - the operational preparations.
"This is part of the marketing toolkit for 2010 - to raise awareness and a sense of excitement."
"It is also an opportunity for creative Capetonians to design a bold visual statement that is unmistakably Cape Town."
Cronje said the logo competition follows on from the launch of the city's composite city logo in mid-2007. Cape Town was the first host city in the country to launch its composite logo, which contains both the city and 2010 FIFA World cup logos.
"It also links to our status of the preferred host city for the final World Cup draw in mid December 2009, which will be a global media event, and will decide the participating teams and how they participate against each other," Cronje said.
The competition closes on 6 May 2008.
Meanwhile, as the organisational preparations 2010 get into gear, the other preparations for the event are being carried out at full speed. "Construction of the stadium is on track, and all the other operations are also on track," Cronje added.
<fn>GOV-ZA.2010preparationsEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2010privatefetcannualsurveyformfinalEn.2012-02-10.en.txt</fn>
2010 Strategy and Legacy : FIFA World Cup : Soccer 2010 : FIFAWorldCup. Durban.gov.
<fn>GOV-ZA.2010sccguidelinescmwebEn.2012-02-10.en.txt</fn>
The Department trusts that these Guidelines will go a long way in improving and strengthening the services in Small Claims Courts and so help improve access to justice in general.
Small ClaimsCourtsplay a crucialrolein facilitating accessto justicefor all, particularlythe poor. Within theirjurisdictions, small claimscourts allowthe settlement of disputes without the need to go through the standard court system.
TheDepartmentofJusticeandConstitutionalDevelopmentwouldliketothank and appreciate the various persons and organisations that have assisted in promotingthe Small ClaimsCourtsinSouthAfrica. Theprocessofdeveloping the guidelineswas highlyconsultative.
The initiativeto establish Small ClaimsCourts beganinthe early 1980s. The HoexterCommissionofInquiry was appointedto inquireinto the structure and functioningof thecourtsinSouthAfrica. TheCommission reportedin 1982 thatSouthAfricawasin desperate needofa specificcourtdesignedto settle small civil claims in an informal and inexpensivemanner.
Act - Referstothe Small ClaimsCourtsAct61of 1984.
person authorizedtoadminister oaths.
Costs - Chargespayableto instituteand pursueanactionina Small Claims tothe main claim.
Debtor - Aperson whoowes money.
Parties - The plaintiff and the defendantinvolved in the lawsuit.
Plaintiff - The person who filesaclaim.
Unliquidated claim - Aclaim wherethe amountin disputeis not fixed under anexpressagreement andrequires an assessmentbythecourt;forexample damagesarising outofamotorvehiclecollision.
Aperson can file a claim within the current jurisdictional limit of R7 000.00 which amountisfrom timeto time decidedby theMinisterof Justice and ConstitutionalDevelopment("theMinister").
1 raman v Barlow motor Investments (PTY) lTD t/a natal motor Industries Prospection and others 1999(4)SA 606(D).
Toobtainthe namesandparticularsof suitable personsforthe position ofclerkofSmallClaimsCourtaswellaslegal assistant(s)andinterpreters tobe appointedbythe magistrateof the districtin which the seatofa Small ClaimsCourtis situated;4 2 See Rule 2(1). 3 See Rule 2(3). 4 See Small ClaimsCourtsAct, s11(1).
PresidingOfficersinthe Small ClaimsCourtarecalledCommissioners.5 In terms of the Small Claims Courts Act, the Minister or any other persontowhomthepoweris delegatedmayappointaCommissioner for the Small ClaimsCourt.
5 See Small ClaimsCourtsAct, s8 6 See Small ClaimsCourtsAct, s9(1)(a) and (1A).
Jurisdiction in respect of persons registered head officeor principal placeof business.
In the case of a syndicate, unincorporated company, club, societyor church, atthelocalofficeorplaceof businessofsuchbody.
9 See Small Claims Courts Act, s14(1)(e).
10 See Small Claims Courts Act, s14(1)(f).
See Small ClaimsCourtsAct, s15(a). Foradiscussionof'clearvalue'-seep66andfurtherofVolume1ofJonesandBuckle EighthEditionof the Civil Practice of the Magistrates' Courts in South Africa.
A liquid document is a document that in itself renders proof that a person unconditionally acknowledges, under his/her signature, that he/sheowesafixed amountof money.
22 SeeCustom Credit Corp (Pty) ltd v shembe 1972 (3) SA 462 (A)at472 A.
No legalrepresentationis allowedin the Small ClaimsCourt except whereajuristic personisrepresentedbyalegally qualified employee.
PresidingOfficers in the Small ClaimsCourt are calledCommissioners.27 In termsof theAct, theMinister ora magistrate may establisha Small Claims Court.28Section 9(1)(a) authorisestheMinisteroranyofficeroftheDepartment of Justice and Constitutional Development with the rank of director, or an equivalent or higher rank, delegated thereto in writing by the Minister, to appointone or moreCommissionersforaSmall ClaimsCourt.
Sitting times are scheduled after hours (until late in the evenings) so that Commissioners can fulfil their Small ClaimsCourtduties withoutinterference with their legal practices.
so far as the case has been proved.
TheCommissioner'sdecision isbased solely on the evidencepresented bythe parties during the trial and in accordance with the law. Ifthe Commissioner is of the opinion thatthe evidencedoes not enable him or her to give judgmentfor either party, he/she maygrantabsolution from the instance.
The Commissioner mayalso grant such judgmentas to costs as may be just.
The Commissioner 'sdecision is final and subjecttoreview only.
This restriction to limit the appointment of Commissioners to those with legal qualifications and experience is in line with approaches followed in other small claims courtsystems.
Commissioners are appointed on a voluntary basis and are not remunerated.
A Commissioner holds office during the Minister's pleasure, who may at anytime withdraw the appointment if in his opinion there is sufficientreason for doing so.
The letterof demand maybe delivered personallybythe plaintiff tothedefendantwho mustsignacopyoftheletter.
Drawing up of summons Asummons can only be issued within a period of 14 days after the defendanthas failedtosatisfythe claim lodged againsthimorherand proof of serviceof the letter of demand must havebeen obtained.
37 See Small ClaimsCourtsAct, s29(3).
weeklyor monthly payments.
Ifthe defendant elects to file a counterclaim, he/she must deliver a written statement, which contains the same particulars as those required for a summonstothe clerkbeforethedateofthe hearing.
The defendantmayapproach the clerkor legal assistantfor assistancewith the formulation thereof.
See Small ClaimsCourtsAct, s32.
Any evidence having reasonable value as proof may be offered subject to theprovisionsoftheAct. However, theCommissionermay refusetoaccept irrelevantorrepetitious evidenceor arguments.
Thesystemof adjudication usedtoconductproceedingsin the Small Claims Courts is inquisitorial in nature.
If the matterisa default judgment, theCommissioner must ensure that there was proper service of the summons in terms of the court rulesandthattheprescribedtime limitshavebeenadheredto.
tolisten carefully when the defendantand his/her witnessesgiveevidence; and toadvise theCommissioner, atthe time determinedbytheCommissioner, if the defendant or his/her witnesses are omitting anything or misrepresenting facts.
Small ClaimsCourtsAct, s5(2)readwithsection6oftheConstitutionoftheRepublic ofSouthAfrica, 1996.
Small ClaimsCourtsAct, s33(1).
The plaintiff must also then prove the actual amount (quantum) of his/her claim - the value of which should not exceed the prescribed limit (currently R7 000).
Absolution from the Instance IftheCommissioneris unableto findfor eitherparty, ajudgmentof absolutionfrom the instance shouldbegranted.48Theplaintiffmay stillpresenthis/her claim at alaterdate(in a newhearing) once more evidencehascometolight.
Default Judgment Ifthe defendant fails to appear at the hearing, the courtmay, upon application by the plaintiff, grant default judgment against the defendant which judgment remains valid until the defendant successfully applies for rescission of judgment.
the amountof the claim. 46 See Small ClaimsCourtsAct, s45 47 See Small ClaimsCourtsAct, s45. 48 See Small ClaimsCourtsAct, s34(c).
Theclerkmust assist the judgmentcreditor with the execution process.
Such process can only be withdrawn or suspended if the Sheriff receives anoticefrom the judgmentcreditor.
Ifjudgment is granted in the defendant's favour, he/she is absolved from paying the claimed amount to the plaintiff.
Ifa default judgmentwasgiven againsta defendant, s/he maywithin six weeks after the judgment or after obtaining knowledge of the judgment, applyforarescission orvariation thereof.
Acaseis takenonreviewbywayofanoticeof motionandafounding affidavit mustintermsofRule53(1)oftheHighCourtRulesbe servedonallparties.
51 See Small ClaimsCourtsAct, s45. 52 See Small ClaimsCourtsAct, s46.
Held, thattheCommissioner'saforementionedconduct amountedto anirregularityasintendedins46(c)ofthe Small ClaimsCourtAct, that the judgments shouldbe set aside and thatthe casesberemittedto the Small ClaimsCourtforproper adjudication.
Held, that building structures that did not perform the function of a formofdwellingorshelterfor humansdidnotfallundertheAct.
Gough, I: The Small Claims Court: A Court with a Human Face (UnpublishedLLM thesis, UniversityofNatal, Durban,1992?
<fn>GOV-ZA.2010schoolsworldcuplaunchEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2010securityexerciseEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2010shanghaiexpoimagesEn.2012-02-10.en.txt</fn>
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URL: http://www.info.gov.za/speeches/1998/99104_6359910005.
The Deputy Minister of Defence, Mr Fezile Bhengu is today, 17 November 2008 leading a South African delegation to an official visit in the Republic of Indonesia. Deputy Minister Bhengu will during the week long visit attend the INDO Defence and Aerospace 2008 Expo and Forum. In September 2008, South Africa had extended an invitation to Indonesia to attend the Africa Aerospace and Defence (AAD), the Africa's premier defence expo held in Cape Town.
URL: http://www.info.gov.za/speeches/2008/08111714151001.
URL: http://www.info.gov.za/speeches/2008/08111815151001.
URL: http://www.info.gov.za/speeches/2006/06092715151002.
The President of the Republic of South Africa, Mr Thabo Mbeki, accompanied by Cabinet Ministers and the Premier of the Eastern Cape Province, will visit the OR Tambo District Municipality as part of the country-wide Presidential Imbizo programme, intended to strengthen municipalities' capacity to deliver on their mandate. The Imbizo will take place at Mbizana Local Municipality, Eastern Cape on Friday, 29 September 2006.
<fn>GOV-ZA.2010stadiumconstruction1stanniversaryEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2010stadiuminterestgroupvotesinfavourofitgoingaheadEn.2012-02-10.en.txt</fn>
GPCA members reiterated that while they support the 2010 Soccer World Cup, they felt that the proposed stadium site was inappropriate and made no economic sense. They were concerned about preserving the Common.
Answering questions from the floor, Executive Mayor Helen Zille outlined the background to Green Point being chosen and restated that the council had "inherited the decision to have 2010 in Green Point". She added that despite commissioning a study into alternative sites, "Green Point was the only viable alternative in terms of time, money, and Fifa regulations".
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<fn>GOV-ZA.2010strategylegacyEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2008/08111713151001.
The MEC for Cooperative Governance and Traditional Affairs, Mr Norman Mokoena and the MEC for Human Settlements, Mr Madala Masuku have visited the Dipaleseng local municipality. The MECs were accompanied by the Executive Mayor of Gert Sibande district municipality, Councillor Andries Gamede and the Executive Mayor of Dipaleseng, Councillor Lefty Tsotetsi.
I therefore believe coming to this house for the presentation and adoption of the Correctional Services Amendment Bill just affirms that strong believe and commitment to the centrality of provincial and local governments in over all government's programme of action.
The absence of choice in determining our ultimate fate in life makes us fear the reality of confronting the end of life with the naked eye. Siyabulela was a great colleague, comrade and hero who sacrificed many choices he had in life, including his life, so that he could actively fight for the liberation of this country. The choice of sacrificing your own life for the freedom of other people provides us with deep insight into the quality and calibre of the person Siyabulela was.
<fn>GOV-ZA.2010supplierapplicationeformEn.2012-02-10.en.txt</fn>
NB: BEFORE COMPLETING THIS FORM , BIDDE RS MUST STUDY T HE GENER AL CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF EQUITY OWNERSHIP BY HIS TORICALLY DISA DVANTAGED IN DIVIDUALS (HDIs), AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001.
1.2 The value for these quotations is estimated to exceed/not exceed R500 000 and therefore the 80/20 system shall be applicable.
2.1 "Acceptable quotations " means any quotation which, in all respects, complies with the specifications and conditions of bid as set out in the bid document.
2.2 "Quotation" means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods, works or services.
2.3 "Comparative price " means the price after the factors of a non-firm price and all unconditional discounts that can be utilised have been taken into consideration.
2.5 "Contract" means the agreement that results from the acceptance of a bid by an organ of State.
2.7 "Control" means the possession and exercise of legal authority and power to manage the assets, goodwill and daily operations of a business and the active and continuous exercise of appropriate managerial authority and power in determining the policies and directing the operations of the business.
2.8 "Disability" means, in respect of a person, a permanent impairment of a physical, intellectual, or sensory function, which results in restricted, or lack of, ability to perform an activity in the manner, or within the range, considered normal for a human being.
2.9 "Equity Ownership" means the percentage ownership and control, exercised by individuals within an enterprise.
Other service providers, e.g. transporter, etc.
9.8 List all Shareholders by Name, Position, Identity Number, Citizenship, HDI status and ownership, as relevant. Information to be used to calculate the points claimed inparagraph 8.
the legal person on whose behalf the supplier database application form or quotation is signed, has a relationship with persons/a person who are/is involved with the evaluation of the quotation(s), or where it is known that such a relationship exists between the person or persons for or on who's behalf the declarant acts and persons who are involved with the evaluation of the quotation.
In order to give effect to the above, the following questionnaire shall be completed and submitted with the application to register on the CIPRO supplier database.
2.1 Are you or any person connected with the service provider, employed by the State (Delete that is not applicable?
If so, state particulars.
2.4 All members and shareholders of the entity applying for registration must declare all other business interest in any other entities, as an accompanying annexure to this application. Failing to provide full disclosure in respect to 2.5 will result in the invalidation of the prospective service provider's application.
Service providers scoring a total point of 60% or more for functionality will be placed on DoJ & CD supplier database. Service providers who score less than 60% in respect of functionality will be regarded as having submitted a non responsive application. Therefore service providers are requested to furnish detailed information in substantiation of compliance to the requirements of the evaluation criteria (Section 14).
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Mpumalanga Premier, David Mabuza, will on Thursday, 21 July 2011 handover a kitchen unit to Tsembaletfu Primary School in White River (Ngodini). This is the fulfilment of a promise made by the Premier Mabuza during the Premier s Service Excellence Awards that a kitchen unit will be built for the school for being the overall winners of the awards.
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One refers to, inter alia, the Comprehensive Rural Development Programme, Skills Development Plan; Infrastructure Development Plan; Human Settlement Plan and Sustainable Environmental Plan.
Before the celebration of Human Rights Day in the province, four families headed by children did not have proper shelter and they relied on shacks and mud houses for a roof over their heads but that has since changed after Mpumalanga Premier, Mr David Mabuza handed them newly built houses.
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Pretoria, 28 June 2011 - The Commission on Traditional Leadership Disputes and Claims will on 29 June 2011 hold public hearings in Mpumalanga Province to give three claimants, who are alleging that they are the ones to occupy the position of the King of AmaNdebele, a chance to present their cases.
E-mail: This e-mail address is being protected from spambots.
<fn>GOV-ZA.2010supplierapplicationformEn.2012-02-10.en.txt</fn>
"Trustee" means any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person.
4.1 The bidder obtaining the highest number of points will be awarded the contract.
4.4 In the event of equal points scored, the bid will be awarded to the bidder scoring the highest number of points for specified goals.
6.1 In terms of Regulation 13 (2) preference points for HDI's are calculated on their percentage shareholding in a business, provided that they are actively involved in and exercise control over the enterprise.
NOP = The maximum number of points awarded for equity ownership by an HDI in that specific category determined in accordance with the definition of HDI's.
6.2 Equity claims for a trust will only be allowed in respect of those persons who are both trustees and beneficiaries and who are actively involved in the management of the trust.
6.3 Documentation to substantiate the validity of the credentials of the trustees contemplated above must be submitted.
6.5 A consortium or joint venture may, based on the percentage of the contract value managed or executed by their HDI-members, be entitled to preference points in respect of an HDI.
8.1 Equity ownership by persons who had no franchise in the national elections %.
8.2 Equity ownership by women %.
8.3 Equity ownership by disabled persons* %.
If points are claimed for disabled persons, indicate nature of impairment (see paragraph 2.
9.3 Company registration number:.
9.8 List all Shareholders by Name, Position, Identity Number, Citizenship, HDI status and ownership, as relevant. Information to be used to calculate the points claimed in paragraph 8.
In the event of a contract being awarded as a result of points claimed as shown in paragraph 8, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct.
Any legal person, including persons employed by the State, or persons who act on behalf of the State or persons having a kinship with persons employed by the State, including a blood relationship, may make an offer or offers in terms of the sourcing of quotations.
Name & Surname:.
Physical & Postal Address:.
Tel & number: Fax number:.
Cell number/s: email address:.
2.2 Do you, or any person connected with the service provider, have any relationship (family, friend, other) with a person employed in the department concerned and who may be involved with the evaluation or adjudication of this application or quotations *YES / N?
Tel & number: Fax number: Cell number/s: ....................................... email address:...................................
3 Are you, or any person connected with the service provider, aware of any relationship (family, friend, other) between the service provider and any person employed by the department concerned who may be involved with the evaluation or adjudication of this applicant or quotations?
A response to each element set out in section 14, Evaluation matrix (as per page 40) per element must be prepared and submitted with the application to be considered for registered as a supplier on DoJ & CD supplier database.
In the case of a newly established entity, submit the latest Audited Annual Financial Statement or recent financial results and the bank statement for a consecutive period of any three (3) months for the latest financial period Failure to comply with b (i) and (ii) or (iii) will automatically invalidates the prospective service providers application.
No advance payment would be made for the procurement of goods or services. Payment would be made in terms of the deliverables or other unless otherwise agreed upon by other parties (DoJ & CD and the contractor). DoJ & CD will pay within the prescribed period according to PFMA.
Commodity listed (only five (5) commodity specific as per principle Business.
Sign all forms enlisted on the supplier database for a maximum of five (5) commodities specific as per their principle business. Where a prospective supplier has indicated more than five commodities specific such application would not be considered for evaluation further.
EVALUATION CRITERIA Functionality will be evaluated on a scale of 0 - 4 in accordance with the criteria below.
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URL: http://www.info.gov.za/speeches/2003/03072113461004.
Bammbiri i¼i ¼i na masia ari a 8.
Ni lavhelelwa u fhindula mbudziso NTHIHI kha khethekanyo ya A, NTHIHI kha khethekanyo ya B na NTHIHI kha khethekanyo ya C.
ºwalani nga luambo lune na khou lingwa khalwo.
Thomani khethekanyo IºWE NA IºWE kha sia ari ·ISWA, hune ya fhelela hone ni talele.
Ni fanela u pulana (tsumbo: mapa wa muhumbulo/nyolo/tshati ya nyelelo/ maipfi a re khii na zwi¿we), u vhalulula na u sedzulusa mushumo wa½u. Thomani nga u ¿wala pulane ya½u ni kone u ¿wala maanea.
KHETHEKANYO ya A: minetse ya 30 7.
Nomborani phindulo dza½u zwi anane na kunomborelwe kwa mbudziso.
ºwalani hoho ya phindulo ya½u.
DZHIELE NZHELE: Musi ni tshi vhala tshivhalo tsha maipfi ni songo vhala na maipfi a hoho ye na nanga.
ºwalani zwi no vhalea, nahone nga vhuronwane.
Ni dzhiele nzhele mupele o, khethekanyo ya maipfi, kushumisele kwa madanzi, zwiga zwa u vhala na tswayo khathihi na kuvhumbelwe kwa mafhungo.
Fhindulani mbudziso NTHIHI fhedzi kha dza rathi dzi tevhelaho. Vhulapfu ha phindulo ya½u vhu vhe maipfi a u bva kha 400 u swika kha 450.
¹alelani tshifanyiso nga vhuronwane.
¶oroboni ya ha½u ho fha wa senthara ya nyonyoloso. I na mitshini minzhi. Inwi ¿walani maanea ane khao na buletshedza senthara heyo.
Senthara ya nyonyoloso »oroboni ya hashu.
Ho vuwa khani khulu vhukati ha Vho-Kulutu na Vho-Zwivhizwinzhi. Vho-Kulutu vha ri madokotela vha na vhukoni siani ¼a u lafha malwadze u fhirisa ¿anga dza sialala. Vho-Zwivhizwinzhi vhone vha tou dadadza, vha ri ¿anga dza sialala ndi dzone madzembelekete.
Vhathu vhanzhi vha ri goloi ndi tshishumiswa tshi sa tei u shaea mu ani. Muhumbulo uyu hu na vhathu vhane vha sa ime nawo.
Hu na tshanduko khulwane u bva tshe Vho-Mandela vha bva tshiduloni tsha vhuphuresidende nga 1999.
No tshimbila lwendo lulapfu lwa kharikhuḽamu heyi ntswa ya Tshitatamennde tsha Lushaka. Hu na zwo ni takadzaho, zwo ni dziedzaho na zwo ni mangadzaho.
Kharikhu¼amu ntswa ya Lushaka fhano Afrika Tshipembe.
Maga ane a nga dzhiiwa a u thivhela vhulwadze ha kho¼era.
Vhathu vha na mihumbulo yo fhambanaho zwi tshi yelana na zwine muthu a nga tea u zwi dzhiela n ha musi a tshi nanga bu»o. Ndi muholo wavhu»i kana ndi mushumo une muthu a vha na dzangalelo khawo.
Zwine muthu a fanela u zwi dzhiela nzhele musi a tshi nanga bu»o.
Khumbudzo: Ni songo nkhathula mbilu muzwala wanga, n½e haya mafhungo a½u ndi khao. Na zwino kubuli ku khou wanala.
Khumbudzo: Ndi na ludungela lwa hune khotsi a½u vha vha hone. Nahone na mafhungo e nda vhala kha gurann»a o mpha vhu¿we vhu ali. Na ri½e ri »o shumisa hone.
Khumbudzo: Zwi kwamana na u ¿wala athikili kha gurann»a.
Takalani: Tenda ndo no amba uri ndi a ni fulufhela.
ºwalani athikili ya gurann»a ya u »o ni thusa kha fulo ¼a½u ¼a u o»a khotsi a½u. Rumelani athikili ya½u kha gurann»a i »ivheaho ya Mukosi.
Mudededzi wa½u vho ri u pfa zwine na khou o»ou ita, vha humbela uri ni tou vha navho no livhana zwifha uwo. ºwalani mufhindulano wo bvelelaho vhukati ha½u inwi Takalani na mudededzi avho.
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Recent reports in the media following the presentation of the Joint Initiative on Priority Skills Acquisition (Jipsa) to the Portfolio Committee on Labour may have caused confusion about current and future plans for Jipsa and the Human Resource Development Strategy. 1. That Jipsa continues to operate and has the full support of the South African Government, the Jipsa Joint Task Team and the key social partners such as the business sector, organised labour and the academic community.
The Eastern Cape Provincial Government will from Monday, 14 July 2008 afford members of the community an opportunity to make inputs and voice their views on the approach of the Eastern Cape Government on AsgiSA Eastern Cape and how it should: * shape its key policies * implement its mandate * involve communities in the rural economic development.
<fn>GOV-ZA.2010taxstatistics2pitEn.2012-02-10.en.txt</fn>
Table A2.2.
Table A2.3.
Table A2.4.
Table A2.6.
Table A2.7.
Brackets - 80,000 - 122,000 18% 52.
Primary 6,300 8,280 31.
Secondary 4,500 5,040 12.
Below age 65 35,000 46,000 31.
Age 65 and over 60,000 74,000 23.
Liable taxpayers are those who are liable to submit a return for a specific tax year. Cases can be on register and active for other years, but may not be active for the specific tax year.
Taxpayers 0 - R150 000 75.4% 70.4% 61.1% 55.
Taxable income 0 - R150 000 38.6% 32.7% 24.1% 20.
Tax assessed 0 - R150 000 22.5% 17.3% 12.1% 9.
Figure 2.1: Number of assessed individual taxpayers and tax assessed, 2008 2008 [Filer data] 2008 [Table A2.1.
3601 Income Salaries, wages, re 66.
3603 Pension income 3.
3605 Annual payment 10.
3606 Commission 4.
3607 Overtime 3.
3615 Director's income 5.
4201 Local interest 1.
Tax year 2006 [90.2% assessed] 2007 [84.9% assessed] 2008 [75.3% assessed] 2009 [69.
Eastern Cape 8.5% 6.7% 5.6% 8.3% 6.5% 5.3% 8.2% 6.2% 5.1% 8.3% 6.4% 5.
Free State 4.7% 3.3% 3.0% 4.7% 3.3% 3.0% 4.6% 3.2% 2.9% 4.7% 3.5% 3.
North West 4.1% 3.5% 3.1% 4.1% 3.4% 3.1% 4.1% 3.4% 3.2% 4.2% 3.6% 3.
Northern Cape 1.5% 1.1% 1.0% 1.6% 1.1% 1.0% 1.6% 1.1% 1.0% 1.6% 1.2% 1.
Western Cape 17.5% 16.3% 16.0% 17.7% 16.2% 15.8% 17.5% 16.0% 15.5% 17.1% 15.3% 15.
Based on the office where the taxpayer is registered and not necessarily the province where the taxpayer resides or works. The provincial allocation is thus a reflection of the province in which the taxpayer's office is located.
65 and older 7.8% 4.5% 3.6% 7.6% 4.6% 3.8% 8.1% 5.1% 4.4% 7.9% 5.1% 4.
Female 41.8% 33.0% 26.4% 42.7% 33.2% 26.3% 43.3% 33.2% 26.5% 44.0% 34.2% 27.
Total 41.8% 58.2% 100.0% 42.7% 57.3% 100.0% 43.3% 56.7% 100.0% 44.0% 56.0% 100.
3601 Income (Salaries and wages, remuneration) 2,921,387 325,743 2,975,456 371,410 2,671,372 388,177 2,799,650 452,706 3603 Pension income (only taxable portion) 262,467 17,369 239,120 17,488 239,846 18,874 251,343 20,462 3605 Annual payment (bonus, leave pay etc.
3601 Income (Salaries and wages, remuneration) 68.1% 69.5% 66.7% 68.
3603 Pension income (only taxable portion) 3.6% 3.3% 3.2% 3.
3605 Annual payment (bonus, leave pay etc.) 10.1% 10.3% 10.7% 10.
3606 Commission 4.2% 4.3% 4.3% 3.
3607 Overtime 3.1% 3.1% 3.0% 3.
3610 Annuity from a retirement annuity fund 1.3% 1.2% 1.5% 1.
3615 Director's income 6.3% 4.6% 5.7% 5.
3616 Independent contractors 0.6% 0.6% 0.8% 0.
4201 Local interest 1.2% 1.4% 1.9% 2.
4210 Profit - Local rental 0.6% 0.4% 0.4% 0.
4211 Loss - Local rental -0.1% -0.1% -0.2% -0.
4218 Foreign interest 0.1% 0.1% 0.2% 0.
4250 Capital gain - Local 1.0% 1.3% 1.9% 1.
4252 Capital gain - Foreign 0.0% 0.1% 0.1% 0.
Total 4,006,466 111,330 3,916,143 122,730 3,512,577 139,653 3,584,543 154,053 1. Includes where the sector was indicated as Other (as per SARS source code) or where the sector was left blank on the return.
Agencies and other services 13.1% 11.8% 11.8% 11.6% 10.7% 11.2% 9.9% 10.
Agriculture, forestry and fishing 2.0% 1.9% 2.1% 2.0% 1.9% 2.0% 1.7% 1.
Bricks, ceramic, glass, cement and similar products 0.2% 0.2% 0.2% 0.3% 0.2% 0.3% 0.2% 0.
Catering and accommodation 0.5% 0.3% 0.5% 0.4% 0.5% 0.4% 0.4% 0.
Chemicals and chemical, rubber and plastic products 0.5% 0.8% 0.7% 1.1% 0.7% 1.1% 0.7% 1.
Clothing and footwear 0.3% 0.3% 0.4% 0.4% 0.3% 0.4% 0.3% 0.
Coal and petroleum products 0.6% 1.2% 0.6% 1.3% 0.6% 1.3% 0.6% 1.
Construction 1.2% 1.3% 1.5% 1.9% 1.5% 2.1% 1.4% 2.
Educational services 7.9% 5.2% 8.8% 5.2% 8.5% 4.7% 8.2% 5.
Electricity, gas and water 1.2% 1.5% 1.3% 1.6% 1.3% 1.5% 1.2% 1.
Financing, insurance, real estate and business services 21.6% 21.2% 19.6% 23.9% 18.1% 23.6% 16.8% 22.
Food, drink and tobacco 1.0% 1.4% 1.1% 1.5% 1.0% 1.4% 1.0% 1.
Leather, leather goods and fur (excl. footwear and clothing) 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.
Long term insurance 8.7% 6.7% 11.2% 7.2% 10.4% 6.7% 10.1% 7.
Machinery and related items 0.4% 0.5% 0.6% 0.8% 0.6% 0.7% 0.5% 0.
Medical, dental and other health and veterinary services 4.0% 4.1% 4.3% 4.4% 4.0% 4.0% 3.8% 4.
Metal 1.1% 1.3% 1.4% 1.7% 1.3% 1.7% 1.2% 1.
Mining and quarrying 2.1% 3.8% 2.5% 4.7% 2.4% 4.8% 2.3% 4.
Other manufacturing industries 2.8% 3.2% 2.8% 3.1% 2.6% 3.0% 2.4% 2.
Paper, printing and publishing 0.8% 0.9% 0.9% 1.0% 0.8% 1.0% 0.8% 0.
Personal and household services 0.9% 0.2% 0.7% 0.3% 0.6% 0.3% 0.5% 0.
Recreation and cultural services 0.4% 0.5% 0.5% 0.5% 0.5% 0.5% 0.4% 0.
Research and scientific institutes 0.3% 0.4% 0.3% 0.5% 0.3% 0.5% 0.3% 0.
Retail trade 4.3% 2.4% 6.2% 2.5% 7.2% 3.2% 5.7% 3.
Scientific, optical and similar equipment 0.1% 0.1% 0.1% 0.2% 0.1% 0.2% 0.1% 0.
Social and related community services 1.3% 0.9% 1.7% 1.1% 1.6% 1.0% 1.5% 1.
Specialised repair services 0.3% 0.2% 0.4% 0.4% 0.4% 0.3% 0.4% 0.
Textiles 0.2% 0.1% 0.2% 0.2% 0.2% 0.2% 0.1% 0.
Transport equipment 0.1% 0.2% 0.3% 0.3% 0.2% 0.3% 0.2% 0.
Transport, storage and communications 3.8% 4.0% 3.6% 3.9% 3.3% 3.7% 3.1% 3.
Vehicles, parts and accessories 1.2% 1.6% 1.5% 1.9% 1.4% 1.7% 1.4% 1.
Wholesale trade 0.5% 0.6% 0.6% 0.9% 0.6% 0.8% 0.6% 0.
Wood, wood products and furniture 0.2% 0.2% 0.3% 0.3% 0.2% 0.2% 0.2% 0.
Other 16.5% 21.1% 11.1% 13.1% 15.9% 15.2% 21.9% 16.
Total 4,006,466 111,330 3,916,143 122,730 3,512,577 139,653 3,584,543 154,053 1. SARS's source of income code is used to classify according to the Standard Industrial Classification (SIC) system.
Total 3,420,362 98,661 3,602,890 115,093 3,135,497 129,143 3,241,992 143,518 1. Includes where the source of income was indicated as Other or where the source of income was left blank on the return.
Total <= 0 taxable income 21.5% 32.9% 23.6% 13.
Total > 0 taxable income 78.5% 67.1% 76.4% 86.
Agencies and other services 9.8% 11.3% 7.2% 9.1% 11.7% 6.9% 7.8% 10.6% 6.9% 7.8% 10.5% 7.
Agriculture, forestry and fishing 18.1% -19.5% 18.2% 18.8% -31.4% 20.2% 17.0% -16.8% 21.6% 16.9% -12.5% 22.
Bricks, ceramic, glass, cement and similar products 0.2% 0.2% 0.1% 0.2% 0.3% 0.1% 0.2% 0.2% 0.1% 0.2% 0.2% 0.
Catering and accommodation 2.8% 1.6% 1.1% 2.9% 1.7% 1.2% 3.0% 1.3% 1.1% 3.0% 1.5% 1.
Chemicals and chemical, rubber and plastic products 0.2% 0.2% 0.1% 0.2% 0.2% 0.1% 0.2% 0.3% 0.2% 0.2% 0.3% 0.
Clothing and footwear 0.5% 0.4% 0.2% 0.5% 0.5% 0.3% 0.5% 0.4% 0.2% 0.5% 0.4% 0.
Coal and petroleum products 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.
Construction 4.8% 4.9% 3.1% 4.9% 5.2% 3.1% 5.5% 4.3% 3.0% 5.3% 4.4% 3.
Educational services 1.5% 1.8% 0.9% 1.5% 1.6% 0.6% 1.7% 1.6% 0.7% 1.7% 1.8% 0.
Electricity, gas and water 0.3% 0.3% 0.1% 0.3% 0.3% 0.2% 0.3% 0.2% 0.1% 0.3% 0.2% 0.
Financing, insurance, real estate and business services 19.4% 44.8% 33.3% 18.7% 48.6% 31.9% 19.8% 45.1% 32.0% 20.2% 42.2% 30.
Food, drink and tobacco 0.6% 0.6% 0.4% 0.6% 0.6% 0.4% 0.8% 0.6% 0.4% 0.8% 0.6% 0.
Leather, leather goods and fur (excl. footwear and clothing) 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% 0.
Long term insurance 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.
Machinery and related items 0.5% 0.7% 0.4% 0.5% 0.9% 0.6% 0.6% 0.8% 0.6% 0.6% 0.9% 0.
Medical, dental and other health and veterinary services 5.9% 23.8% 18.3% 5.5% 26.2% 17.6% 5.6% 21.5% 15.6% 5.8% 21.9% 16.
Metal 0.5% 0.6% 0.4% 0.5% 0.8% 0.5% 0.6% 0.8% 0.5% 0.6% 0.8% 0.
Mining and quarrying 0.1% 0.1% 0.4% 0.1% 0.4% 0.4% 0.1% 0.1% 0.1% 0.1% 0.2% 0.
Other manufacturing industries 0.7% 0.6% 0.5% 0.7% 0.7% 0.5% 0.7% 0.8% 0.5% 0.7% 0.8% 0.
Paper, printing and publishing 0.4% 0.6% 0.3% 0.4% 0.6% 0.3% 0.5% 0.6% 0.3% 0.5% 0.6% 0.
Personal and household services 3.2% 2.1% 0.8% 3.4% 2.5% 0.7% 3.6% 2.3% 0.7% 3.7% 2.4% 0.
Recreation and cultural services 1.4% 2.1% 1.5% 1.5% 1.6% 1.2% 1.5% 1.6% 1.4% 1.6% 1.3% 1.
Research and scientific institutes 0.1% 0.2% 0.1% 0.1% 0.2% 0.1% 0.2% 0.3% 0.2% 0.2% 0.3% 0.
Retail trade 14.4% 13.0% 7.1% 15.6% 16.2% 7.9% 15.5% 13.4% 7.4% 15.1% 13.0% 7.
Scientific, optical and similar equipment 0.0% 0.1% 0.0% 0.0% 0.1% 0.0% 0.1% 0.1% 0.1% 0.1% 0.1% 0.
Specialised repair services 1.5% 1.2% 0.6% 1.5% 1.2% 0.6% 1.6% 1.2% 0.6% 1.6% 1.2% 0.
Textiles 0.1% 0.1% 0.1% 0.2% 0.2% 0.1% 0.2% 0.1% 0.1% 0.2% 0.1% 0.
Transport equipment 0.1% 0.0% 0.0% 0.1% -0.0% 0.0% 0.2% 0.0% 0.0% 0.2% 0.0% 0.
Transport, storage and communications 10.6% 5.7% 3.1% 9.8% 6.0% 2.7% 9.2% 5.3% 3.5% 9.2% 4.0% 2.
Vehicles, parts and accessories 0.8% 0.9% 0.5% 0.9% 0.9% 0.6% 1.0% 0.7% 0.4% 1.0% 0.7% 0.
Wholesale trade 0.9% 1.2% 0.8% 1.0% 1.6% 1.0% 1.4% 1.9% 1.3% 1.3% 1.4% 0.
Wood, wood products and furniture 0.4% 0.3% 0.2% 0.5% 0.3% 0.2% 0.5% 0.4% 0.3% 0.5% 0.3% 0.
3701 Travelling allowance 61.2% 55.2% 50.5% 51.
3704 Subsistence allowance (local) - taxable 0.4% 0.4% 0.3% 0.
3706 Entertainment allowance 0.0% 0.0% 0.0% 0.
3707 Share options exercised 9.9% 14.8% 18.0% 9.
3708 Public office allowance 0.5% 0.4% 0.4% 0.
3710 Tool allowance 0.0% 0.0% 0.0% 0.
3711 Computer allowance 0.2% 0.1% 0.1% 0.
3712 Telephone/Cell phone allowance 0.9% 0.9% 0.9% 1.
3713 Other allowances - taxable 24.2% 25.1% 26.6% 33.
Includes only taxable allowances.
3801 Acquisition of asset at less than the actual value 3.2% 2.6% 2.3% 1.
3802 Right of use of motor vehicle 34.1% 30.8% 29.6% 27.
3803 Right of use of asset 0.2% 0.2% 0.2% 0.
3804 Meals and refreshments vouchers 0.2% 0.2% 0.2% 0.
3805 Free or cheap residential / holiday accommodation 12.4% 7.5% 6.8% 7.
3806 Free or cheap services 2.7% 2.0% 2.1% 2.
3807 Low or interest-free loans: house 2.2% 1.3% 1.8% 1.
3808 Payment of employees' debt 8.9% 7.7% 9.1% 12.
3809 Bursaries and scholarships 0.8% 0.5% 0.6% 0.
3810 Medical aid paid on behalf of employee 34.7% 46.8% 47.1% 46.
Other 0.6% 0.2% 0.5% 0.
4001 Current pension fund contributions 24.3% 23.3% 22.6% 23.
4002 Arrears pension fund contributions 0.1% 0.1% 0.1% 0.
4003 Provident fund contributions 0.0% 0.0% 0.0% 0.
4006 Current retirement annuity fund 13.3% 13.0% 13.0% 12.
4007 Arrears retirement annuity fund 0.0% 0.0% 0.0% 0.
4008 Medical expenses (total) 21.6% 26.7% 26.5% 26.
4009 Medical expenses (disabled) 0.7% 0.9% 1.6% 1.
4010 Tool allowance 0.0% 0.0% 0.0% 0.
4011 Donations 0.2% 0.2% 0.3% 0.
4013 Entertainment expenses - actual 0.0% 0.0% 0.0% 0.
4014 Travel expenses - fixed cost - business cost claimed against allowance 30.7% 27.6% 26.9% 27.
4015 Travel expenses - actual business cost 0.8% 1.0% 1.4% 1.
4016 Other 8.1% 7.1% 7.4% 6.
4017 Subsistence allowance - local 0.1% 0.1% 0.1% 0.
<fn>GOV-ZA.2010taxstatistics3citEn.2012-02-10.en.txt</fn>
Tel: +27 15 288 0099 e-mail: ceo.nptb@mweb.org.
Tel: +27 18 386 1225 e-mail: nwptb@iafrica.
Fax: +27 21 914 4610 e-mail: info@capetourism.
Tel: (2) 9261 3424 e-mail: info@satour.com.
Tel: (1) 470 4511 e-mail: satour@cybertron.
Tel: (1) 4561 0197 e-mail: satour@afriquedusud-tourisme.
Fax: (02) 4391 1158 e-mail: info@turismosudafricano.
24hr brochure request line: 0906 364 06 00 e-mail: info@south-african-tourism.
Results: 1 to 14 of 14 (104467 searched in 1.155.
Government Communication and Information System (GCIS) in conjunction with the Film Resource Unit, provincial governments in the North West and Gauteng, as well as the Moretele and Emfuleni Municipalities, will celebrate Human Rights Day with an audiovisual event at two Multi-purpose Community Centres (MPCCs). The first is on 20 March 2003 at the Sebokeng Multi-Purpose Community Centre (MPCC), and the second at the Lebotlwane MPCC on Human Rights Day, 21 March 2003.
URL: http://www.info.gov.za/speeches/2003/03031813461002.
The Deputy Minister of Home Affairs, Ms Nosiviwe Mapisa-Nqakula will deliver a keynote address at a Human Rights Day celebrations event in Idutywa at the Idutywa Stadium on March 21 2003. The event jointly hosted by The South African Human Rights Commission, in collaboration with the Amatole District Municipality and the Premier's Office in the Eastern Cape marks the Human Rights Day under the theme "Poverty Alleviation and Achieving Equality".
URL: http://www.info.gov.za/speeches/2003/03031916461003.
The Minister of Environmental Affairs and Tourism, Mohammed Valli Moosa, will on Friday, 21 March 2003, celebrate Human Rights Day with the community of Lambertsbaai in the Western Cape, which will launch its crayfish festival on the day. Themed "From the Community for the Community", the Graca Kreef & Kultuurfees (Crayfish and Cultural Festival) is held annually by the Lambertsbaai community to help raise funds for needy members of the community.
URL: http://www.info.gov.za/speeches/2003/03032011461008.
To observe Human Rights Day, Deputy President Jacob Zuma, will on Friday, 21 March 2003, celebrate peace with the people of Richmond, KwaZulu-Natal Midlands. Many people were robbed of their right to life, safety and many other basic human rights. Organised by the area's Municipality, the celebration, aims at staging that the people of Richmond have dealt with the problems that led to violence and that they can now tolerate one another in spite of their political differences.
URL: http://www.info.gov.za/speeches/2003/03032009461004.
The Gauteng Provincial Government will celebrate the Human Rights Day on Friday, 21 March at the George Thabe Stadium in Sharpeville. Premier Mbhazima Shilowa is expected to reflect on human rights achievements since the advent of democracy in 1994. Other highlights of the day include performance by Ihashi Elimhlophe and Amaponi, Art Ensemble, Bekezela Jazz Band, Dintle and Friends and many more.
URL: http://www.info.gov.za/speeches/2003/03031916461002.
The threat of HIV/AIDS especially to children is without doubt the single biggest obstacle to ensuring that these rights are protected for the children of South Africa and the Western Cape. National Human Rights Day is often used as an opportunity to point out exactly which challenges remain in South Africa when it comes to promoting and supporting the rights set out in our National Constitution.
URL: http://www.info.gov.za/speeches/2003/03032410461014.
FRIDAY, 21 MARCH 2003: The Minister of Environmental Affairs and Tourism, Mohammed Valli Moosa, and the Minister of Finance, Trevor Manuel, today (Friday, 21 March 2003), celebrated Human Rights Day with the community of Lamberts Bay in the Western Cape and officially launched its Crayfish Festival, which raises funds for community upliftment projects.
URL: http://www.info.gov.za/speeches/2003/03032514461002.
URL: http://www.info.gov.za/speeches/2003/03032410461011.
URL: http://www.info.gov.za/speeches/2003/03032412461001.
The significance of hosting this occasion in prison is that prisons, the world over, are generally not associated with human rights issues and it is my hope that we will continue to cultivate a human rights culture within our prisons. * The legal framework for human rights and equality in the country is one of the most comprehensive in the world, meaning that legally we are a society that is free from human rights violations especially as they relate to equality.
URL: http://www.info.gov.za/speeches/2003/03032415461004.
Sports and recreation festivals to celebrate Human Rights Day will be held at Milnerton, Swellendan, Piketberg and Oudtshoorn on Friday, 21 March. To remind sports and recreation festival-goers of what Human Rights Day is about, Mr Patrick McKenzie, minister of Cultural Affairs, Sport and Recreation will be the guest speaker at Swellendam. Chris Alexander at 022 713 2727 has more information about the festival at the Piketberg Sports Grounds.
URL: http://www.info.gov.za/speeches/2003/03032410461015.
Premier E.M Dipico will officiate at the occasion of the Human Rights Day celebrations event in Kimberley, at the RC Elliot Hall, Galeshewe, on March, 21 2003. As we celebrate human rights day, we recognise the injustices of the past and honour those who suffered for justice and freedom in our land. It is a day dedicated to entrench our human dignity, the achievement of equality and the advancement of human rights and freedoms.
Results: 1 to 20 of 62 (104467 searched in 0.3.
The Minister of Justice and Constitutional Development, Dr Penuell Maduna, invites the media to a media breakfast for the Launch of Human Rights Month - March 2002. The Department organised a campaign that will focus on various initiatives during the month. Contact: Heinrich Augustyn at012) 315 1723, Fax: (012) 315 1678 Isaac Ntshauba at (012) 315 1677, Fax:(012) 315 1678 E-mail: haugustyn@justice.gov.za, tmanase@justice.gov.
URL: http://www.info.gov.za/speeches/2002/020327946a1006.
Eastern Cape Premier, Rev Makhenkesi Stofile, today (05/03/02) launched Human Rights Month at the Zwelitsha Magistrate's Court. Before volunteering his services, Rev Stofile told the audiences that the government had a plan to change the plight of all South Africans, and the Constitution, which guarantees everyone equal rights, was fundamental to that process.
URL: http://www.info.gov.za/speeches/2002/020312246p1007.
URL: http://www.info.gov.za/speeches/2002/020319146p1001.
<fn>GOV-ZA.2010taxstatistics5vatonimportsandcustomsEn.2012-02-10.en.txt</fn>
Figure 5.
Table A5.1.
Table A5.2.
Prep.
Total 746,961 74,822 23,535 3,885 937,701 88,926 21,029 3,369 744,411 67,867 17,474 3,231 1. As per Bill of Entry processed and not actual revenue collected.
Duty 1 - 2B refers to the ad valorem excise duties on imports.
The majority of the not assigned group constitutes MIDP imports.
Live animals; Animal products 1 - 5 0.9% 1.0% 2.2% 0.0% 0.7% 0.9% 1.7% 0.0% 0.8% 1.2% 2.4% 0.
Vegetable products 6 - 14 1.5% 1.4% 0.8% 0.0% 1.5% 1.3% 0.9% 0.0% 1.6% 1.3% 0.8% 0.
Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes 15 1.3% 0.9% 1.4% 0.0% 1.3% 1.1% 1.9% 0.0% 1.2% 1.0% 1.5% 0.
Prepared foodstuffs; beverages, spirits and vinegar; tobacco and manufactured tobacco substitutes 16 - 24 2.6% 2.8% 9.2% 0.0% 2.9% 3.0% 11.4% 0.0% 3.8% 3.8% 13.6% 0.
Mineral products 25 - 26 16.6% 3.0% 2.9% 0.0% 19.6% 4.2% 2.2% 0.0% 17.4% 3.0% 4.3% 0.
Products of the chemical or allied industries 27 - 38 6.9% 9.9% 2.4% 2.1% 7.4% 11.2% 3.5% 2.9% 7.7% 11.8% 2.9% 2.
Plastics and articles thereof; rubber and articles thereof 39 - 40 3.3% 4.7% 7.0% 0.0% 2.9% 4.4% 8.1% 0.0% 3.1% 4.9% 8.0% 0.
Raw hides and skins, leather, fur skins and articles thereof; saddlery and harness; travel articles; handbags and similar containers; articles of animal gut (other than silkworm gut) 41 - 43 0.3% 0.5% 1.6% 0.0% 0.3% 0.5% 2.1% 0.0% 0.3% 0.5% 2.2% 0.
Wood and articles of wood; wood charcoal; cork and articles of cork; manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork 44 - 46 0.4% 0.7% 0.6% 0.0% 0.3% 0.5% 0.5% 0.0% 0.3% 0.5% 0.6% 0.
Pulp of wood or of other fibrous cellulosic material; waste and scrap of paper or paperboard; paper and paperboard and articles thereof 47 - 49 1.3% 1.9% 1.0% 0.0% 1.2% 1.9% 1.3% 0.0% 1.4% 2.2% 1.2% 0.
Textiles and textile articles 50 - 63 2.4% 3.5% 10.5% 0.0% 2.4% 3.5% 13.5% 0.0% 2.7% 4.1% 14.5% 0.
Footwear, headgear, umbrellas, sun umbrellas, walking-sticks, seatsticks, whips, riding-crops and parts thereof; prepared feathers and articles made therewith; artifical flowers; articles of human hair 64 - 67 0.8% 1.3% 6.2% 0.0% 0.7% 1.3% 7.9% 0.0% 0.8% 1.5% 8.9% 0.
Articles of stone, plaster, cement, asbestos, mica or similar materials; ceramic products; glass and glassware 68 - 70 1.2% 1.8% 1.8% 0.0% 0.9% 1.5% 2.0% 0.0% 1.0% 1.6% 2.1% 0.
Natural or cultured pearls, precious or semi precious stones, precious metals, metals clad with precious metal and articles thereof; imitation jewellery; coin 71 6.1% 1.8% 0.5% 0.0% 7.8% 1.4% 0.6% 0.0% 7.5% 1.3% 0.6% 0.
Base metals and articles of base metals 72 - 83 6.8% 5.7% 3.3% 0.0% 6.0% 6.1% 4.5% 0.0% 7.2% 5.4% 3.8% 0.
Machinery and mechanical appliances; electrical equipment; parts thereof; television image and sound recorders and reproducers, and parts and accessories of such articles 84 - 85 21.9% 30.0% 8.3% 30.6% 21.9% 32.0% 12.6% 39.6% 20.9% 31.0% 10.4% 36.
Vehicles, aircraft, vessels and associated transport equipment 86 - 89 12.3% 15.5% 37.1% 66.0% 9.6% 11.6% 21.3% 56.2% 10.8% 12.1% 18.4% 59.
Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; clocks and watches; musical instruments; parts and accessories thereof 90 - 92 2.3% 3.1% 0.1% 0.0% 2.2% 3.2% 0.1% 0.0% 2.3% 3.5% 0.1% 0.
Miscellaneous manufactured articles 94 - 96 1.2% 1.9% 3.0% 1.1% 1.1% 1.8% 3.6% 1.1% 1.3% 2.2% 3.6% 1.
Works of art, collectors' pieces and antiques 97 0.1% 0.1% 0.0% 0.0% 0.1% 0.1% 0.0% 0.0% 0.1% 0.0% 0.0% 0.
Not assigned3 9.9% 8.4% 0.1% 0.2% 9.2% 8.6% 0.2% 0.2% 7.8% 6.9% 0.2% 0.
As per Bill of Entry processed and not actual revenue collected.
Total 746,961 74,822 23,535 3,885 102,241 937,701 88,926 21,029 3,369 113,324 744,411 67,867 17,474 3,231 88,571 1. Top-25 countries sorted on 2009/10 total of VAT on imports, Customs duties and Duty 1 - 2B.
Total of VAT on imports, Customs duties and Duty 1 - 2B.
United Kingdom 5.1% 5.6% 8.0% 9.5% 6.3% 4.8% 4.9% 6.9% 7.3% 5.3% 4.0% 4.8% 8.1% 7.7% 5.
Brazil 2.2% 2.5% 2.7% 0.2% 2.5% 2.1% 2.4% 3.0% 0.3% 2.5% 1.9% 2.2% 3.0% 0.3% 2.
Other countries 32.2% 14.4% 12.3% 11.5% 13.8% 34.7% 14.1% 13.3% 10.7% 13.9% 36.1% 13.6% 11.3% 9.9% 13.
Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.
Top-25 countries sorted on 2009/10 total of VAT on imports, Customs duties and Duty 1 - 2B.
<fn>GOV-ZA.2010taxstatisticshighlightsEn.2012-02-10.en.txt</fn>
The 2010 Tax Statistics publication is compiled with the latest available data from the South African Revenue Service (SARS) and National Treasury.
Some of the data may be incomplete and subject to revision.
<fn>GOV-ZA.2010ticketpurchasesEn.2012-02-10.en.txt</fn>
Breede Valley Municipality is a local municipality located within the Cape Winelands District Municipality, in the Western Cape province of South Africa. As of 2007, it had a population of 134,271. Its municipality code is WC025.
As of the census of 2001, there are 146,029 people and 34,099 households residing in the municipality. The population density is 48.76/kmò. The density of households is 11.39/kmò. The racial makeup of the municipality is Black African 20.13%, Coloured 65.61%, Indian/Asian 0.33%, and White 13.93%.
8.8% of residents aged 20 and over have received no schooling, 22.6% have had some primary school, 9.2% have completed only primary school, 32.7% have had some high school education, 20.3% have finished only high school, and 6.3% have an education higher than the high school level. Overall, 26.6% of residents have completed high school.
Retrieved from "http://en.wikipedia.
<fn>GOV-ZA.2010ticketsEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2010transportroadshowEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2010worldcupfacesEn.2012-02-10.en.txt</fn>
"The survey shows all sections of society are enthusiastic about the Games, something the West has underestimated," Jin Canrong, senior professor of international relations at Renmin University of China, said Wednesday.
About 77 percent believe people in the rest of the world have a favourable opinion of China, with a miniscule 3 percent feeling China's economy hurts other countries.
These are actions wherein the plaintiffis a sole proprietor who sometimes provides credit facilities to his/her customers. Where the defendant has failed to pay his/ her instalments in terms of the credit agreement and the arrear payment does not exceed R12 000 the sole proprietor may approach the Small Claims Court for relief.
The Eastern Cape is becoming more accessible as the Provincial 2010 Public Transport Plan, which links air, road, rail, maritime, taxi and bus operations is being implemented.
The Northern Cape is noted for its San rock art, diamond diggings, 4X4 safaris and the Kgalagadi Transfrontier Park. It is a large, dry region of fluctuating temperatures and varying topographies.
Cooperation with Lesotho and the Northern Cape will extend the economic benefits of the event far beyond the borders of the Free State.
The main cities are Johannesburg, the biggest city in southern Africa, and Pretoria, the administrative capital of the country.
<fn>GOV-ZA.2010worldcupfinaldrawEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2010worldcupoingceremonyEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2010wwmpadultprossetswanaEn.2012-02-10.en.txt</fn>
Explain the law reform process on adult prostitution?
Explain the different options you have already identified for public debate?
Briefly explain why you have no view on the World Cup?
<fn>GOV-ZA.2011+invitation+to+submit+ltsm+v5En.2012-02-10.en.txt</fn>
The 2011 Invitation to Submit Learner and Teacher Support Material (LTSM) for Evaluation and Adoption in National Catalogue of the Department of Basic Education (DBE), initiates the evaluation and adoption of LTSM in select subject categories for use in South African public schools. This document, including all attachments, provides an overview of the process for submission, evaluation, and adoption of LTSM. By submitting LTSM for evaluation, publishers and producers agree to follow the procedures set forth in this document. Failure to comply with all procedures, including stated deadlines, will result in disqualification for the evaluation and adoption process.
The national catalogue will be used by all provincial education departments and schools (with function to procure LTSM in terms of section 21 of the South African schools Act) to procure LTSM. The National Catalogue will provide a listing all Core LTSM approved for use in South African public schools, following a national screening process. It will provide up to eight options per subject and grade from which schools can select the most appropriate material, given their particular context.
The 2011 evaluation will include the Core LTSM categories listed under Heading 3. On all submissions publishers must designate each specific category for which a submission is to be evaluated.
Publishing companies are limited to submitting no more than four titles per category for each language. A publishing company is deemed to be a registered legal entity and not a publishing imprint.
Graded reading schemes are considered as one submission.
Material for Grades 1 to 3 must cover all three grades in a particular language; material will not be accepted for only one of these grades.
All textbooks, workbooks or learner books must have accompanying Teacher Guides.
Teacher Guides may be submitted in English only, regardless of the language of learner material. However the publisher will be obligated to make the Teacher Guide available in the language of the learner material should it be selected for the National Catalogue.
Publishers are responsible for determining the language and category of submission. See Heading 3 for categories of submission.
It is the responsibility of the publisher to ensure that each submission is complete and sample material is delivered to the designated site.
All submissions should be anonymous: author names, publisher imprint and publisher details should not appear on the material for evaluation. However full title and ISBN should be included. Where the publisher's name is part of the title an abbreviated title can be used.
Each submission must contain an identification sheet including: category of submission, publishers details, contact person (including email address), ISBN, full title, title used on submission (where this is not the full title), names of all authors, and number of copies. See Annexure A for sample identification sheet.
Only print material will be evaluated.
Each submission should be packaged in a separate container. Cardboard boxes are preferred and should not exceed 10kg. Where a submission for one category exceeds 10kg, multiple containers should be used, indicating on the identification sheet how many containers comprise the submission (see Annexure A). The category of submission must be clearly indicated on the exterior of each container, in addition to an identification sheet being included inside the container.
FP-1 Grades 1, 2 and 3, Home Language: Graded Reader Series 5 Readers per Reading Grade.
FP-5 Grades 1, 2 and 3, First Additional Language: Graded Reader Series 5 Readers per Reading Grade.
Note: Submissions must strictly comply with the above categories and will only be accepted for the full category.. For example: a workbook without a teacher's guide will be deemed to be an incomplete submission, workbooks for grades 1 and 2 but not grade 3 will constitute an incomplete submission.
Submissions will not be accepted before 9am on 13 June 2011 and after 5pm on 17 June 2011. An outline of the submission process schedule is attached (see Annexure B).
A submission fee of R2 000 will be payable for each submission per category for each grade. Therefore should a submission cover 3 grades, this amounts to R6 000.
SCREENING PROCESS The screening will comprise of two phases.
Phase one will be a filtering process to determine the shortlist of titles, the primary instrument will be a checklist based on the relevant national curriculum document. In essence this will amount to checking if material is aligned to the curriculum.
Phase two will comprise of a rating exercise, requiring specialist expertise in three phases. One part will require screener to evaluate the usability of material in different context. Another will require screeners to evaluate the accuracy and currency of the content. Specialist language expertise would also be incorporated at this stage. The three parties would then come together for a facilitated meeting, resulting in a report which makes a recommendation on the material.
Both phases of the screening will be on a 'blind' basis, i.e. author and publisher details are removed from the submission.
As one measure to manage the conflict between volume of submissions and the need for a rigorous process, a systematic reading will be applied. This will amount to an overview of the text to check for progression and conceptual scaffolding, followed by an indepth review of a randomly selected topic to assess the pedagogic merit. The former will result in a rating sheet while the later will result in a narrative assessment substantiating the final recommendation. Together these two will constitute the final report, which will be made available to publishers.
A maximum of the eight top rated titles will be considered for final confirmation in the National Catalogue. Where fewer than eight titles are considered of appropriate quality, the number for final confirmation will be less than eight.
Categories of evaluation will be limited to: accepted, conditionally accepted (for text that are rated in the top eight, but need editorial improvement only, such as proofreading), and not accepted.
Appeals will be limited to instances where an error has occurred in the review process. For example, a topic is mistakenly claimed to be omitted from a text or a factual error is reported when there is current scientific evidence to support it.
To manage any potential conflict of interest and limit undue influence each screening committee member will be required to sign an affidavit declaring that they have no vested interest in LTSM development; be it as an author or beneficiary from a publishing company. Furthermore, it will include an undertaking to report approaches by LTSM developers, be it companies or authors, during the review process.
Any publishing company or author found to be seeking to influence the evaluation process will be reported to the National Treasury and could, in terms of National Treasury's processes, be barred from doing business with government in future.
All queries related to this document and the process outlined herein should be submitted via the email address: Grade12310LTSM@dbe.gov.
Category of submission:.
Publisher's imprint for this submission:.
Publisher's legal registration:.
Contact person (Name and email address):.
Full title for material in this container:.
Title used on submission (where this is not the full title):.
ISBN's for material in this container:.
Full names of all authors:.
Number of copies in this container:.
Container of for submission number ...... for category............
<fn>GOV-ZA.20110114gg33697proc2spestriEn.2012-02-10.en.txt</fn>
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Sixth day of January Two thousand and eleven.
Irregular expenditure incurred by the Council as a result of the procurement of goods or services as is set out in paragraph 1.
The making of statements relating to expenditure, including fruitless and wasteful expenditure, in the financial records of the Council that were not true and or accurate.
<fn>GOV-ZA.20110114gg33722proc3spestriEn.2012-02-10.en.txt</fn>
offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, and which offences were committed in connection with the affairs of the Municipality; or which have taken place between 1 September 2005 and the date of publication of this Proclamation or which took place prior to 1 September 2005, but are connected with or incidental to the matters mentioned in the Schedule or involve the same persons, entities or contracts investigated under authority of this proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including recovery of any losses suffered by the Municipality, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Eleventh day of December Two thousand and ten.
<fn>GOV-ZA.2011011801En.2012-02-10.en.txt</fn>
Fitch Ratings today announced that it has revised South Africa's outlook to stable from negative, and has affirmed the country's long term foreign currency issuer default ratings at BBB+.
Fitch indicated that the revised outlook reflects South Africa's smooth adjustment post the global crisis, and the resilience of the credit fundamentals which are in line with or better than South Africa's rating peers.
The National Treasury welcomes the announcement, particularly in the current economic climate with rising fiscal risks elsewhere.
The revised outlook reflects confidence in our credit position and future policy direction, thanks in large part to a record of prudent execution of macroeconomic policies. The government's efforts to steer the economy to a new trajectory is another factor that will further boost confidence in the country's policies.
<fn>GOV-ZA.2011011802En.2012-02-10.en.txt</fn>
The National Treasury launched the RSA Retail Savings Bonds in 2004 to encourage more South Africans to save by providing accessible, safe, no-fee savings products. The bonds have proven to be highly successful, with over R4.3 billion invested since April 2010. In November 2010, National Treasury recorded R916 million worth of investments, the highest ever in a single month.
This brings the total amount invested in these products since their launch to R10.
36 000 active investors and over 70 000 active investments.
The bonds are intended to support government's savings initiative and encourage a longer-term savings outlook among South Africans. Savings rates in South Africa are relatively low, leaving households vulnerable to unplanned events and emergencies. The bonds are part of an overall campaign to educate and encourage people to manage their finances. They are an affordable investment product, offering competitive returns, and are backed by government.
The bonds also represent a diversification of government's funding instruments on offer, providing government with a retail source of funding. Based on their performance, National Treasury is optimistic that investments in the Retail Bonds will be able to fund between 5% and 10% of the country's total borrowing requirements within the next two years. A target of between R4 billion and R5 billion in investments per year is being aimed for.
Find out more about the bonds at www.rsaretailbonds.gov.za. See the attached annexure for details on the performance of the bonds. For further information contact Kershia Singh on 012 315 5819 / 072 623 4608.
2 year investment - 7.
3 year investment - 7.
5 year investment - 8.
3 year - 2.
5 year - 2.
10 year - 3.
National Treasury 4.
Post Office 50.
Pick n' Pay 1.
Roll Overs 4.
<fn>GOV-ZA.2011012001En.2012-02-10.en.txt</fn>
South Africans are reminded to send Finance Minister Pravin Gordhan their tips on what they would like to see in the country's budget. This year, the Minister would specifically like to get the country's views on how South Africa can achieve an economic growth rate of 7% a year over the next 20 years. South Africans are also encouraged to send through tips on how this growth can be made more inclusive, i.e. spread to more people and thus reducing unemployment, poverty and inequality.
The budget tips campaign is run throughout the year and ensures active participation in government programmes, especially matters related to the economy. Minister Gordhan will present the 2011 budget to Parliament on 23 February 2011 at 2pm.
<fn>GOV-ZA.2011012501En.2012-02-10.en.txt</fn>
Finance Minister Pravin Gordhan will present the budget speech to Parliament on February 23 2011, at 2pm. Journalists will be given prior access to the documents in a media lock-up under police surveillance.
Journalists must confirm their attendance and details by no later than Thursday, February 14 2011. To confirm attendance please email details to Kershia Singh on kershia.singh@treasury.gov.za. Please indicate if you will be attending the Pretoria or Cape Town lock up.
Cellphones are to be switched off, placed in an envelope and handed over to National Treasury officials.
E-mails cannot be sent during the lock-up; landline telephones must be off the hook and should not be used under any circumstances.
Nobody will be allowed to leave the lock-up before the embargo is lifted.
A media conference to be addressed by the Finance Minister is scheduled for 10:30 (Imbizo media centre, 120 Plein Street, Cape Town). Journalists will be escorted to the venue.
<fn>GOV-ZA.2011012601En.2012-02-10.en.txt</fn>
Standard & Poor's, a leading rating agency, yesterday announced that it had revised South Africa's outlook to stable from negative, and affirmed the country's long term foreign currency ratings at BBB+ and short-term foreign currency rating at A-2.
S&P indicated that the revised outlook reflects South Africa's prudent economic policy and its commitment to reduce the general government deficit and contain debt accumulation. The revision also reflects S&P's confidence in South Africa's leadership that has demonstrated prudent management of economic policy, and in the strength of policy making institutions.
The National Treasury welcomes the announcement, particularly in the current economic climate with rising fiscal risks elsewhere. This announcement is similar to the announcement made by Fitch ratings agency on 17 January 2011.
<fn>GOV-ZA.2011020401En.2012-02-10.en.txt</fn>
The National Treasury announces that there will be switch auctions conducted during February and March 2011, as indicated on calendar below.
<fn>GOV-ZA.20110204Gg34000Notice86Sec1CrimProcActPmbEn.2012-02-10.en.txt</fn>
The Minister of Justice and Constitutional Development has, in terms of section 159B(2) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), designated the correctional facility as is set out in Column 1 of the Schedule in respect of a court situated in the magisterial district mentioned opposite thereto in Column 2 of the Schedule.
<fn>GOV-ZA.20110204Gg34000R05Sec1CrimProcActPmbEn.2012-02-10.en.txt</fn>
Under section 4 of the Criminal Procedure Amendment Act, 2008 (Act No. 65 of 2008), I hereby fix 15 February 2011 as the date on which section 1 of the said Act shall come into operation in respect of the magisterial district of Pietermaritzburg.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Twenty- sixth day of January Two thousand and eleven.
<fn>GOV-ZA.20110204gg34001r06spestriEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2011020701En.2012-02-10.en.txt</fn>
The workshop will focus on the budget process, the impact of Parliament's power to amend money bills on the budget, the functions of the National Treasury, Minister's Committee on the Budget and Cabinet in the budget process, and an explanation of the roles of the Auditor General, Parliament and National Treasury in public finance management.
This is intended especially for those who will be covering the budget for the first time. The workshop assists journalists in understanding, analysing and using the information contained in the different documents.
Journalists should bring along copies of the 2010 Budget documents, as these will be used throughout the workshop. Copies are available on our website, www.treasury.gov.za.
<fn>GOV-ZA.20110218gg34031proc08spestriEn.2012-02-10.en.txt</fn>
offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it aforementioned offences) of Chapter 2 of the Prevention and Combating of CoAct, 2004, and which offences were committed in connection with theDepartment; or relates to the rrupt Activities affairs of the which have taken place between 1 January 2006 and the date of publication of this Proclamation or which took place prior to 1 January 2006, but are connected with or incidental to the matters mentioned in the Schedule or involve the same persons, entities or grants investigated under authority of this Proclamation, and to exercise or perform all the functions and powers assigned to or conferred upon the said Special Investigating Unit by the Act, including recovery of any losses suffered by the Department or the State, in relation to the said matters in the Schedule.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this Twenty-first day of January Two thousand and eleven.
<fn>GOV-ZA.20110301Gg34060Nr162DebtCollectEn.2012-02-10.en.txt</fn>
In these regulations "the Regulations" means the regulations published by Government Notice No. R. 185 of 7 February 2003, as amended by Government Notices Nos. R. 1623 of 7 November 2003, R. 741 of 29 July 2005, R. 1044 of 2 November 2007, as corrected by Government Notice No. R. 1093 of 23 November 2007 and amended by Government Notice No. R. 1120 of 27 November 2009.
Regulation 11 of the Regulations is hereby amended by the substitution for the expression "R697" of the expression "R736".
Note: The total amount to be recovered from the debtor in respect of items 1 to 7 of the Annexure shall not exceed the capital amount of the debt or R736, 00, whichever is the lesser.
No: R. 162 Title: Debt Collectors Act (114/1998): Regulations relating to Debt Collec Page 2 of 2 9.
On receipt of an instalment (one or more) in A fee of 10% of the instalment redemption of the debt inclusive of instalments received, subject to a maximum made directly to the client: amount of R368, 00. No additional fee shall be charged for any attendance in connection with the receipt or payment of any instalment.
<fn>GOV-ZA.2011030201En.2012-02-10.en.txt</fn>
The Republic of South Africa has priced a US$750 million 30 year global bond, the first time that South Africa has issued a bond of this duration on the international capital markets. This bond was priced at a yield of 6.292 percent, a coupon (interest) of 6.25 percent and a spread of 180 basis points above the 30 year US Treasury's benchmark bonds. The coupon (interest) of 6.25 percent compares favourably to the coupon of the ten year global dollar coupon issued last year at 5.50 percent, with an increase of only 75 basis points.
With current levels of uncertainty in the financial markets because of recent developments in the Middle East, the response to this bond has been exceedingly good, with bids received being more than four times the value of the deal. This is an expression of confidence in the future of South Africa, which is underpinned by stable political environment, a sound macro-economic policy framework and prudent fiscal management.
Like last year's bond issuance, this deal was not preceded by an extensive road-show but by a tele-conference with investors. The deal benefited from the initiatives by the National Treasury over the years to maintain sound investor relations.
The deal was done in one day, with the book only opened from 17h00 SA time and closing 3 hours later on Tuesday evening.
The 2041 bond lengthens the duration of the sovereign's dollar bond yield curve. This will establish a benchmark for other South African entities that may issue long dated bonds in the US Dollar capital markets.
The bond represents pre-funding for the fiscal year beginning on 1 April 2011.
The bond was issued on the back of the national budget tabled last week, which reaffirmed government's commitment to prudent fiscal and macro-economic management.
ï§ 156 investors placed orders, originating from USA (68.6%), South America (1.62), Europe (18.2%) and Asia (11.60).
At pricing, the 30 year UST was trading at 4.492 percent.
<fn>GOV-ZA.2011030301En.2012-02-10.en.txt</fn>
National Treasury has today released local government's budget statement for the second quarter of the 2010/11 financial year. The statement covers revenue and expenditure as well as spending of conditional grants for the period 1 July to 31 December 2010. It is available on the National Treasury's website: www.treasury.gov.za.
National Treasury publishes this information in terms of section 71 of the Municipal Finance Management Act, 2003 (Act No. 56 of 2003)(MFMA) and in terms of section 30(3) of the 2010 Division of Revenue Act. The budgeted figures shown are based on the 2010/11 budgets approved by municipal councils during May and June 2010.
All information in this statement is based on the section 71 MFMA reports that Municipal Managers and Chief Financial Officers were required to sign and submit to the National Treasury by 11 February 2011. Any queries on the figures in the statement should therefore be referred to the relevant Municipal Manager or Chief Financial Officer. Queries on conditional grants may be referred to the national department responsible for administering the grant.
The number of municipalities that submitted reports increased to 282 in the second quarter of 2010/11 from 276 in the first quarter of 2010/11. This increase in coverage can be partly attributed to increased capacity building by National Treasury and the provincial treasuries.
As at 31 December 2010, municipalities had in aggregate spent 42.6 per cent or R99.5 billion of the R233.7 billion total approved budget. The total revenue budget amounted to R244.5 billion for 2010/11, of which aggregated billing accounted for R116.9 billion or 47.8 per cent.
Metropolitan municipalities had billed R63.1 billion or 44.9 per cent of their total revenue budget of R140.6 billion by the end of the second quarter. Ekurhuleni had billed the highest proportion of its revenue at 48.5 per cent, followed by City of Johannesburg at 46.1 per cent.
The aggregated capital budget for all municipalities for 2010/11 is R41.1 billion, of which R13.1 billion or 31.9 per cent had been spent by the end of the second quarter. The aggregated capital budget of metropolitan municipalities amounted to R19.6 billion, of which R5.8 billion or 29.9 per cent had been spent by 31 December 2010. Most metros had spent less than 30.0 per cent of their capital budget in the second quarter. The City of Tshwane had the lowest capital spending rate at only 20.8 per cent, with expenditure at Ekurhuleni Metro not far behind at 25.0 per cent.
Aggregated municipal consumer debts amounted to R62.3 billion as at 31 December 2010. Of this, households accounted for the largest component at R38.3 billion or 61.9 per cent of the total and government accounted for R3.1 billion or 5.1 per cent.
Metropolitan municipalities were owed a total of R34.6 billion as at 31 December 2010. This is an increase of R3.3 billion or 10.6 per cent over the same period last year. The biggest percentage growth from the previous year is in the City of Johannesburg, where it increased by 19.8 per cent or R1.8 billion. Ekurhuleni Metro's debtors book increased by 12.6 per cent or R973 million.
Secondary cities were owed R11.6 billion, an increase of R1.4 million or 1 per cent from the corresponding period last year. Households accounted for R8.4 billion or 71.7 per cent of the total.
The creditor age analysis shows that municipalities owed R10.7 billion as at 31 December 2010. This is R400 million more than the R10.3 billion owed at the end of the first quarter of 2010/11. North West had the highest percentage of creditors outstanding for more than 90 days at 59.3 per cent, followed by the Northern Cape at 45.8 per cent, Limpopo at 40.1 per cent and Free State at 27.1 per cent. The creditor age analysis results differ vastly from quarter to quarter.
The Division of Revenue Act, 2010 (Act No.1 of 2010) allocated R51.9 billion in transfers to local government. This consists of the unconditional transfer (Equitable Share) of R30.2 billion and conditional transfers of R21.7 billion. The conditional transfers consists of direct conditional grants to municipalities of R17.9 billion and allocations-in-kind of R3.8 billion. It should be noted that the direct conditional grant amount of R17.9 billion does not include the MIG cities to metropolitan municipalities as they are required to report performance on the entire capital programme.
By the end of the second quarter national departments administering conditional grants had transferred R12.7 billion or 71.3 per cent of the direct conditional grants to municipalities. According to expenditure reports from national departments, municipalities had spent only 48 per cent by the end of the second quarter. However, municipalities receiving direct conditional grants reported second quarter aggregate expenditure of R5.9 billion or just 33.2 per cent of the R17.9 billion conditional grants allocated to municipalities.
The Local Government Financial Management Grant, Rural Transport Grant and Water Services Operating and Transfer Subsidy Grant reflect spending levels of more than 50 per cent while the Neighbourhood Development Partnership Grant, Public Transport Infrastructure and Systems Grant, Electricity Demand Side Management Grant and Municipal Drought Relief Grant reported expenditures of less than 25 per cent at the end of December 2010.
The expenditure of 33.2 per cent reported by municipalities for the second quarter period excludes the amounts that the metros may have spent in relation to the Municipal Infrastructure Grant (MIG Cities). In terms of Section 11(2)(b)(ii) of the Division of Revenue Act, 2010, metros are required to report on the implementation of their entire capital programme, and not specifically on the spending of the MIG cities grant. This is because the MIG cities grant is designed to supplement the capital budgets of the metros. Secondly, the EPWP incentive grant performance is also not reflected in the publication due to it's "after the event" performance nature.
b. High-level summary of revenue for 282 municipalities; and c. High-level summary of expenditure for 282 municipalities.
f. Conditional Grant summary - Top 21 municipalities; g.
h. Conditional Grant summary - Provinces; and i. Analysis of Sources of Revenue - 282 municipalities.
<fn>GOV-ZA.2011030302En.2012-02-10.en.txt</fn>
Published by the National Treasury in terms of Section 32 of the Public Finance Management Act (PFMA), this provincial budget statement of receipts and payments covers spending for the first nine months (April to December 2010) of the 2010/11 financial year. The statement is available on the treasury website at www.treasury.gov.za.
The information comes from the Section 40(4) PFMA reports submitted by heads of provincial departments to provincial treasuries, who, in turn, submitted the information to the National Treasury. Queries on spending or budget numbers should therefore, in the first instance, be referred to the head of the relevant provincial department, and in the second instance to the head of the relevant provincial treasury. Queries on conditional grants may be referred to the head of the administering national department.
The budgeted figures in the third quarter publication take account of revisions effected in the 2010 Adjusted Estimates of Provincial Expenditure, which were presented to the provincial legislatures during November and December 2010. It includes R5.3 billion appropriated by national government to provinces (R4.2 billion to the provincial equitable share and R1.1 billion to conditional grants) through the Adjustments Appropriation Act and Division of Revenue Amendment Act.
Higher than budgeted personnel remuneration increases, including the increased housing allowance.
Over and above the additional transfers, provinces increased their main budgets by R3.8 billion. The increases consist mainly of unspent conditional grants not surrendered to the National Revenue Fund and other funds surrendered to the respective Provincial Revenue Funds during 2009/10.
In light of the above, in aggregate, provinces increased their main budgets (expenditure side) by R9.1 billion with the bulk going to education (R3 billion), health (R2.3 billion) and public works, roads and transport (R1.8 billion).
In aggregate, provinces spent R242.9 billion, or 71.7 per cent, of their adjusted budgets of R338.9 billion for the period ended 31 December 2010. This represents a spending increase of 7.1 per cent or R16.1 billion compared to the same period last year when provinces had spent R226.8 billion.
Education expenditure totalled R104.5 billion, or 74.4 per cent of the R140.4 billion combined education adjusted budgets, and remains the largest item on provincial budgets (41.4 per cent). This expenditure is an increase of 10.3 per cent or R9.7 billion on the same period last year.
Health expenditure totalled R72.2 billion, or 71.7 per cent, of the R100.
(29.7 per cent). This represents an increase of 10.3 per cent or R6.8 billion on the same period last year.
Social development spending is R7 billion or 66.1 per cent of the R10.6 billion social development adjusted budgets.
Personnel expenditure in aggregate is at R145.2 billion, or 75.8 per cent of the budgeted R191.5 billion.
In aggregate, provinces spent R14.2 billion or 55.9 per cent of their R25.4 billion combined capital adjusted budgets. This is a decline of 12.8 per cent when compared to the same period in 2009/10.
Provincial education departments spent R3.6 billion or 57.4 per cent of the budgeted R6.2 billion for capital expenditure. This is R1 billion or 21.1 per cent less than what was spent in the previous financial year.
Provincial health departments spent R4.6 billion or 50.7 per cent of the budgeted R9.1 billion for capital expenditure, which is R550.2 million or 10.7 per cent, less than the same period for 2009/10.
After health, the second biggest share of provincial capital adjusted budgets, is for public works, roads and transport departments (31 per cent), which spent R5.
64.9 per cent of the total capital budget of R7.9 billion.
Provincial own revenue collected thus far is at R7.3 billion or 76.6 per cent of the budgeted own revenue of R9.6 billion. After nine months, national government had transferred R198.8 billion of the equitable share and R46.7 billion of conditional grants to provinces.
A more detailed analysis of the expenditure outcome as at 31 December 2010 is set out in Annexure A, which also includes a comparative analysis of spending for the same period over the 2009/10 financial year.
The budgeted figures for provinces are based on the 2010/11 adjusted estimates of provincial revenue and expenditure documents (adjusted budgets) tabled in the provincial legislatures during November and December 2010.
Table 1 indicates that nine months into the current financial year provinces had spent R242.9 billion, or 71.7 per cent, of the adjusted budgeted expenditure of R338.9 billion. Spending against adjusted budgets is lower in percentage terms compared to the same period for the 2009/10 financial year when it stood at 74.6 per cent. However, spending in nominal terms is 7.1 per cent, or R16.1 billion, higher than last year, when provinces spent R226.8 billion.
Among provinces, spending is the lowest in KwaZulu-Natal (68.7 per cent of the adjusted budget) and the Free State (69.4 per cent) and highest in Gauteng at 74.9 per cent and the Eastern Cape at 74.4 per cent.
Total 261 992 257 51 162 845 25 397 373 339 714 338 892 189 191 448 265 37 001 764 14 205 705 210 264 242 865 998 71.7% 226 815 686 7.
Provinces have budgeted R251.7 billion for social services, including education, health and social development.
Education 140 413 423 104 477 163 74.4% 43.0% 56.9% 94 740 770 10.
Health 100 720 587 72 236 999 71.7% 29.7% 39.3% 65 474 611 10.
Social Development 10 570 873 6 989 610 66.1% 2.9% 3.8% 6 528 173 7.
Total 251 704 883 183 703 772 73.0% 75.6% 100.0% 166 743 554 10.
Spending on social services is recorded at R183.7 billion, or 73 per cent of the total provincial social services adjusted budgets for the first nine months of 2010/11.
Education adjusted budgets of R140.4 billion comprise 41.4 per cent of total provincial adjusted budgets. Table 3 indicates that education expenditure is at 74.4 per cent or R104.5 billion of the total education adjusted budget, an increase of 10.3 per cent, or R9.7 billion, on the R94.7 billion spent over the same period in 2009/10.
Spending by provinces on education ranges from the lowest rates of 70.9 per cent in the Free State and 73.
76.6 per cent, followed by Limpopo at 75.3 per cent.
Eastern Cape 23 183 440 17 751 573 76.6% 48.0% 60.9% 16 533 975 7.
Free State 8 731 626 6 190 227 70.9% 40.5% 56.4% 5 785 315 7.
Northern Cape 3 509 409 2 580 039 73.5% 38.3% 52.9% 2 440 820 5.
North West 9 176 639 6 777 294 73.9% 42.9% 59.8% 6 346 855 6.
Western Cape 11 998 212 8 823 687 73.5% 36.5% 47.5% 7 953 561 10.
Total 140 413 423 104 477 163 74.4% 43.0% 56.9% 94 740 770 10.
Spending on goods and services (including learner and teacher support materials) in education is recorded at R8.5 billion, or 56.5 per cent of the budgeted amount of R15 billion. It comprises approximately 10.7 per cent of total provincial education adjusted budgets.
Eastern Cape 18 332 258 14 540 661 79.3% 60.6% 81.9% 12 618 481 15.
Free State 6 822 986 5 088 933 74.6% 54.7% 82.2% 4 486 882 13.
Northern Cape 2 719 157 2 050 952 75.4% 54.3% 79.5% 1 857 897 10.
North West 6 937 153 5 293 968 76.3% 56.4% 78.1% 4 796 457 10.
Western Cape 9 330 046 6 823 873 73.1% 51.2% 77.3% 6 022 468 13.
Total 108 189 586 83 185 685 76.9% 57.3% 79.6% 72 688 292 14.
The bulk of education expenditure is on personnel (79.6 per cent). Current spending on education personnel amounts to R83.2 billion, or 76.9 per cent, of the R108.2 billion budgeted for personnel (table 4).
Spending by provinces on personnel expenditure in education ranges from 73.1 per cent in the Western Cape, to 79.3 per cent in the Eastern Cape.
Education capital expenditure is at R3.6 billion, or 57.4 per cent, of the R6.2 billion adjusted budget. This is significantly lower than the spending over the same period of the previous financial year.
Eastern Cape 903 335 297 295 32.9% 17.4% 1.7% 838 580 -64.
Free State 247 872 71 469 28.8% 6.7% 1.2% 373 118 -80.
Northern Cape 76 212 54 391 71.4% 8.4% 2.1% 76 656 -29.
North West 310 699 142 518 45.9% 13.4% 2.1% 251 943 -43.
Western Cape 468 264 305 134 65.2% 17.4% 3.5% 190 663 60.
Total 6 237 077 3 579 103 57.4% 25.2% 3.4% 4 537 442 -21.
Spending on education capital expenditure is lowest in the Free State at 28.8 per cent and highest in Gauteng at 107.6 per cent.
Health adjusted budgets totalling R100.7 billion comprise 29.7 per cent of total provincial adjusted budgets.
Eastern Cape 13 842 348 10 274 230 74.2% 27.8% 35.2% 9 736 511 5.
Free State 6 307 313 4 262 001 67.6% 27.9% 38.9% 3 709 362 14.
Northern Cape 2 655 462 1 945 926 73.3% 28.9% 39.9% 1 723 288 12.
North West 5 704 786 4 083 168 71.6% 25.8% 36.0% 3 866 872 5.
Western Cape 12 408 383 8 860 560 71.4% 36.6% 47.7% 7 573 678 17.
Total 100 720 587 72 236 999 71.7% 29.7% 39.3% 65 474 611 10.
Table 6 indicates that, at R72.2 billion or 71.7 per cent of the total health adjusted budget, health expenditure increased by 10.3 per cent, or R6.8 billion, on the same period in 2009/10.
The Free State and KwaZulu-Natal provinces spent the lowest share of their health adjusted budgets at 67.6 per cent and 68.5 per cent respectively. The highest shares are recorded by Gauteng at 75.8 per cent and the Eastern Cape at 74.2 per cent.
Table 7 indicates that health personnel expenditure is R43.6 billion, or 75.8 per cent, of the health personnel adjusted budget, an increase of R6.7 billion, or 18.1 per cent, on the R36.9 billion spent over the same period in 2009/10.
Eastern Cape 8 204 792 6 289 860 76.7% 26.2% 61.2% 5 608 712 12.
Free State 3 693 486 2 811 549 76.1% 30.2% 66.0% 2 300 875 22.
Northern Cape 1 199 991 954 694 79.6% 25.3% 49.1% 757 780 26.
North West 3 130 487 2 425 603 77.5% 25.8% 59.4% 2 106 055 15.
Western Cape 6 937 042 5 021 302 72.4% 37.7% 56.7% 4 230 861 18.
Total 57 470 144 43 558 799 75.8% 30.0% 60.3% 36 868 409 18.
Spending on non-personnel non-capital items, including medicines, drugs and other current expenditure, is at R24.1 billion, or 70.5 per cent, of the R34.2 billion adjusted budget.
Capital expenditure in the health sector is at R4.6 billion, or 50.7 per cent, a decrease of R550.2 million or 10.7 per cent, on the R5.2 billion spent over the same period last year.
Eastern Cape 1 344 587 602 809 44.8% 35.3% 5.9% 764 597 -21.
Free State 629 700 209 952 33.3% 19.6% 4.9% 219 543 -4.
Northern Cape 449 123 248 050 55.2% 38.1% 12.7% 290 070 -14.
North West 449 349 349 111 77.7% 32.7% 8.6% 459 363 -24.
Western Cape 979 245 611 571 62.5% 34.8% 6.9% 482 682 26.
Total 9 091 017 4 607 972 50.7% 32.4% 6.4% 5 158 185 -10.
Spending by provinces varied, with the lowest rate of health capital expenditure being in the Free State at 33.3 per cent, Gauteng at 42.8 per cent, and the highest being North West and the Western Cape at 77.7 per cent and 62.5 per cent respectively.
At R10.6 billion, the social development adjusted budget comprises 3.1 per cent of total provincial adjusted budgets.
Provinces registered spending of R7 billion, or 66.1 per cent, of the total R10.6 billion adjusted budget. This represents an increase of R461.4 million, or 7.1 per cent, on the R6.5 billion spent over the same period last year.
There are varying degrees of spending among provinces, the lowest being KwaZulu-Natal at 58.9 per cent and Gauteng at 60.9 per cent while the highest are the Northern Cape at 73.3 per cent and Eastern Cape at 72.5 per cent.
Eastern Cape 1 566 136 1 135 595 72.5% 3.1% 3.9% 1 021 803 11.
Free State 714 837 514 432 72.0% 3.4% 4.7% 469 598 9.
Northern Cape 479 340 351 171 73.3% 5.2% 7.2% 293 312 19.
North West 740 260 477 704 64.5% 3.0% 4.2% 399 561 19.
Western Cape 1 233 817 873 605 70.8% 3.6% 4.7% 838 098 4.
Total 10 570 873 6 989 610 66.1% 2.9% 3.8% 6 528 173 7.
Human settlements and local government adjusted budgets, at R21.
6.3 per cent of total provincial adjusted budgets.
Eastern Cape 2 646 448 1 834 855 69.3% 5.0% 64.0% 1 754 454 4.
Free State 1 788 436 1 074 437 60.1% 7.0% 70.4% 1 062 803 1.
Northern Cape 497 671 433 668 87.1% 6.4% 63.0% 429 255 1.
North West 1 681 607 1 037 997 61.7% 6.6% 73.9% 1 157 663 -10.
Western Cape 2 305 404 1 473 166 63.9% 6.1% 84.1% 1 280 023 15.
Total 21 381 537 14 078 428 65.8% 5.8% 72.4% 14 201 870 -0.
Spending by human settlements and local government was R14.1 billion, or 65.8 per cent, of the R21.4 billion adjusted budget. This represents a decrease of R123.4 million, or 0.9 per cent, on the R14.2 billion spent over the same period last year.
56.7 per cent and the Free State at 60.
Northern Cape at 87.1 per cent and Gauteng at 72.7 per cent.
Most of the human settlements and local government expenditure is from the Human Settlements Development conditional grant. Table 11 indicates that provinces spent R10.2 billion, or 66.8 per cent, of the R15.2 billion Human Settlements Development grant adjusted budget. These spending figures are R63.7 million or 0.6 per cent lower than the same period last year.
Eastern Cape 1 598 646 1 174 944 73.5% 3.2% 11.5% 1 063 218 10.
Free State 1 300 691 756 528 58.2% 4.9% 7.4% 833 331 -9.
Northern Cape 273 260 273 069 99.9% 4.1% 2.7% 281 263 -2.
North West 1 188 973 766 674 64.5% 4.9% 7.5% 869 170 -11.
Western Cape 1 952 721 1 238 859 63.4% 5.1% 12.2% 1 087 690 13.
Total 15 249 438 10 188 895 66.8% 4.2% 100.0% 10 252 629 -0.
Personnel expenditure (compensation of employees) for the first nine months of the 2010/11 financial year is at R145.2 billion, or 75.8 per cent, of the R191.5 billion adjusted budget.
Spending to date is R19.3 billion, or 15.3 per cent, higher than the R125.9 billion spent over the same period last year.
Eastern Cape 30 812 551 23 976 388 77.8% 64.9% 16.5% 21 057 660 13.
Free State 12 579 148 9 308 824 74.0% 60.9% 6.4% 8 013 373 16.
Northern Cape 4 998 060 3 778 800 75.6% 56.1% 2.6% 3 301 032 14.
North West 12 338 823 9 386 523 76.1% 59.4% 6.5% 8 347 804 12.
Western Cape 18 344 830 13 325 657 72.6% 55.1% 9.2% 11 575 796 15.
Total 191 511 410 145 185 170 75.8% 59.8% 100.0% 125 891 633 15.
72.6 per cent and 74 per cent respectively, while Gauteng and the Eastern Cape recorded the highest at 78.4 per cent and 77.8 per cent respectively.
By the end of December 2010, provinces had spent R14.2 billion or 55.9 per cent of the R25.4 billion capital adjusted budget (payments for capital assets).
12.8 per cent compared to the same period in 2009/10.
Eastern Cape 3 491 104 1 709 273 49.0% 4.6% 12.0% 2 610 099 -34.
Free State 2 018 748 1 071 202 53.1% 7.0% 7.5% 1 119 937 -4.
Northern Cape 1 126 829 651 160 57.8% 9.7% 4.6% 610 752 6.
North West 1 667 322 1 066 976 64.0% 6.8% 7.5% 1 407 373 -24.
Western Cape 2 928 149 1 757 676 60.0% 7.3% 12.4% 1 794 242 -2.
Total 25 397 373 14 205 705 55.9% 5.8% 100.0% 16 294 793 -12.
Table 13 provides capital spending information by province and shows low rates of spending in the Eastern Cape at 49 per cent and Gauteng at 51.6 per cent, and high rates in North West at 64 per cent and the Western Cape at 60 per cent. However, in absolute terms, KwaZulu-Natal spent the most, with total spending of R3.8 billion followed by the Western Cape at R1.8 billion and the Eastern Cape at R1.7 billion.
Provincial education departments spent R3.6 billion, or 57.4 per cent, of their R6.2 billion education capital adjusted budgets. This is R1 billion, or 21.1 per cent, less than spending over the same period in the previous financial year.
Provincial health departments spent R4.6 billion, or 50.7 per cent, of their R9.1 billion health capital adjusted budgets, which is R550.2 million or 10.7 per cent less than the same period for 2009/10.
At 31 per cent, public works, roads and transport departments has, after health, the second highest share of provincial capital adjusted budgets. The sector spent R5.1 billion or 64.9 per cent against its combined capital adjusted budgets of R7.9 billion.
The total conditional grant adjusted allocation is R64.5 billion (including conditional grant roll-overs from the 2009/10 financial year and other provincial adjustments), with health making up the bulk at R20.4 billion.
Total excluding Schedules 4,8 grants & Gautrain 32 038 734 1 088 433 1 083 794 34 210 961 25 608 794 21 575 666 63.
Table 14 reflects spending by all provinces on conditional grant adjusted allocations as at 31 December 2010. It includes conditional grant roll-overs from the 2009/10 financial year and other provincial adjustments, but excludes spending on Schedule 4 and Schedule 8 grants. Schedule 4 grants specify allocations to provinces to supplement the funding of programmes or functions funded from provincial budgets. The Expanded Public Works Programme (EPWP) Incentive grant for the infrastructure sector (Schedule 8 grant) specifies incentives to provinces to meet targets for priority government programmes.
Against the total adjusted allocation of R34.6 billion (which excludes Schedules 4 and 8 grants), the rate of conditional grants spending amounts to R22 billion, or 63.5 per cent. Excluding the Gautrain Rapid Rail Link grant, the conditional grant expenditure amounts to R21.6 billion, or 63.1 per cent, of the total adjusted allocation of R34.2 billion.
Agricultural Disaster Management (12.
Technical Secondary Schools Recapitalisation (18.
Expanded Public Works Programme for the Social Sector (41.
Transport Disaster Management (46.
Devolution of Property Rate Funds (49.
Community Library Services (53.
HIV and Aids (Life Skills Education) (55.4 per cent).
Table 15 indicates selected conditional grant spending rates as at 31 December 2010.
It further indicates that after nine months, five or more provinces had spent less than 60 per cent of the following grants: Land Care Programme, Community Library Services, HIV and Aids (Life Skills Education) and Hospital Revitalisation.
The table also indicates the number of provinces where spending of conditional grant adjusted budgets is at between 60 and 75 per cent, and where it is greater than 75 per cent.
Percentages represent actual expenditure against total available.
Provincial revenue includes adjusted equitable share allocations of R265.1 billion, conditional grants of R63 billion and own revenue of R9.6 billion. The total provincial revenue received and collected to date is recorded at R252.8 billion, or 74.8 per cent, of total adjusted revenue of R337.7 billion.
Within the first nine months of the current financial year, national government transferred R198.8 billion or 75 per cent of the equitable share to provinces, and R46.
74.1 per cent in conditional grants to provinces..
After nine months, provinces have collected R7.3 billion or 76.6 per cent of the budgeted own revenue of R9.6 billion, which is R408.1 million, or 5.9 per cent, more than what was collected by the end of December for the previous financial year.
The collection rate varies from 65.8 per cent in North West and 67.9 per cent in Mpumalanga, to a high of 95 per cent in the Northern Cape and 81.7 per cent in KwaZulu-Natal.
Eastern Cape 714 255 543 334 76.1% 1.5% 591 597 -8.
Free State 677 480 509 596 75.2% 3.2% 410 753 24.
Northern Cape 165 442 157 248 95.0% 2.2% 133 119 18.
North West 597 310 393 120 65.8% 2.4% 453 752 -13.
Western Cape 1 808 556 1 433 384 79.3% 5.5% 1 335 684 7.
Total 9 583 218 7 337 079 76.6% 2.9% 6 928 981 5.
<fn>GOV-ZA.20110309NationalSkillsFundItsPlansAddressUnemploytAmongYoungPeoplEn.2012-02-10.en.txt</fn>
The Minister of Higher Education and Training gave an overview of the National Skills Fund (NSF) and how it was contributing to employment in the country. When the DHET took over the National Skills Fund and the Sector Education and Training Authorities (SETAs) in November 2009, it found that the NSF was involved in thousands of little projects. It was important for the DHET to review the NSF's operations, with the intention of aligning them with the priorities of the new DHET. The DHET was concerned that the NSF was functioning like an "ATM or a Father Christmas". The NSF was still guided by the National Skills Development Strategy II which ended March 2011. DHET had been trying to realign the priorities of the NSF and the SETAs while developing National Skills Development Strategy III. A lot of work had been done on the NSF despite this. The DHET's aim was for the NSF to become a development fund focused on skills development.
â-ª R150 million made available to National Student Financial Aid Scheme (NSFAS) to fund full cost studies in critical skills and for rural students in all institutions of higher learning in the country.
â-ª R100 million allocated to Career Wise, to fund, through bursaries, the full cost of study of first year and continuing students in critical skills required by the country.
â-ª R94 million for allocation to the National Research Foundation to fund students in post graduate, masters, doctoral and high-level research programmes.
â-ª R200 million to the Extended Public Works Programme (EPWP) targeted at training 40 000 beneficiaries.
The DHET inherited a fund that had a huge amount of unspent and uncommitted funds. The NSF did not have the capacity to monitor the spending of its funds; hence it was qualified by the Auditor-General all the time. This was a huge challenge that would be resolved in a year but the DHET was trying hard to reprioritise the Fund and to build its capacity. The DHET was convinced the Fund could be using the money in a manner that would have a huge impact on the country. The Fund lacked proper systems for accountability and monitoring, which left the NSF vulnerable to corrupt activities. One of the major explanations for NSF under-spending of funds was the public was reluctant to use public institutions. The unintended consequence of the establishment of the levy was there was a whole private industry of training providers. Some of these institutions were doing very good work, while others were "fly-by-night" providers. The aim of the NSDS III was to direct funds away from short courses, as they wanted to direct them towards professions, occupations and trades. The DHET had a huge opportunity to make a difference using the NSF over the next few years.
The Committee was concerned that National Skills Development Fund funding had dried up over the last year for private providers, public providers did not cater for certain kinds of training such as private providers did, which meant that certain types of training would still be reserved for the privileged, the lack of infrastructure at skills development centres was noted. The Committee asked the Minister to be upfront about what the problems DHET was encountering with the NSF, how many people has the NSF assisted overall, what the Fund's "big five" priorities were, what the NSF was doing to motivate people to use public training institutions, what the NSF was doing to curb fly-by-night institutions, if there was a programme to inform the public about the scarce skills the country needed, what the NSF was doing to address its under-spending, if there were any cases of corruption in the NSF, and if the Fund budgeted for career guidance initiatives and aptitude tests. The Committee were promised a future briefing on the NSF clearly responded to the NSDS priorities.
Minister for Higher Education and Training, Mr Blade Nzimande, told the Committee that he appreciated their invitation to brief them on the National Skills Fund (NSF). He always looked forward to the Committee's ideas and constructive criticism about what he and the Department of Higher Education and Training (DHET) were doing. He reminded Members that when the DHET was established in 2009, a Presidential proclamation had transferred the Sector Education and Training Authorities (SETAs) and the NSF to the DHET. The proclamation took effect on 1 November 2009. Since then, a lot of work had been done on the NSF, especially attending to its backlog. When the DHET took over the Fund, it found that the NSF was involved in thousands of little projects. The most important work the DHET had to do was to review the NSF's operations, with the intention of aligning them with the priorities of the new DHET. The DHET was concerned that the NSF was functioning like an "ATM or a Father Christmas". The NSF was still in a bit of a "lacuna". The NSF's levy fund was still guided by the National Skills Development Strategy II (NSDS II), which came to an end at the end of March 2011. The DHET had been trying to realign the priorities of the NSF and the SETAs while they were trying to develop the NSDS III. A lot of work had been done on the NSF despite this. The DHET's aim was for the NSF to become a development fund focused on skills development. The DHET inherited a fund that had a huge amount of unspent and uncommitted funds. The NSF did not have the capacity to monitor the spending of its funds; hence it was qualified by the Auditor-General all the time. This was a huge challenge that would be resolved in a year but the DHET was trying hard to reprioritise the Fund and to build its capacity. The DHET was convinced the Fund would be using the money in a manner that would have a huge impact on the country. The Fund also lacked proper systems for accountability and monitoring, which left the NSF vulnerable to corrupt activities. One of the major explanations for the NSF's under-spending of funds was that the public was very reluctant to use public institutions. The one unintended consequence of the establishment of the levy for implementing public institutions was there was a whole private industry of training providers. Some of these institutions were doing very good work, while others were "fly-by-night" providers. The aim of the NSDS III was to direct funds away from short courses, as they wanted to direct them towards professions, occupations and trades. The DHET had a huge opportunity to make a difference using the NSF over the next few years.
Mr Mvuyisi Madikama, Chief Director: NSF (DHET), noted the NSF was established in 1998, through the Skills Development Act. The NSF's mandate was derived from the National Skills Development Strategy I (NSDS I) and NSDS II. It was the NSF's duty to fund projects identified in the NSDS as national priorities, to fund projects related to the achievement of the purpose of the Act, and to administer the Fund within the prescribed limit as regulated from time to time. The Director-General of the DHET was the accounting officer of the NSF and mandated to control the Fund, keep proper records of the Fund and prepare its annual financial statements. The NSF was to be managed in accordance with the Public Finance Management Act.
Mr Madikama stated that under-spending had characterised the NSF since its establishment. This had resulted from protracted processes of change-over from one phase of the NSDS to the next, the effect of the Presidential Proclamation that transferred skills development responsibilities from the Department of Labour (DoL) to the DHET, and from general capacity constraints of the skills development delivery machinery available to skills levy institutions such as the NSF and the Sector Education Training Authorities (SETAs). This constrained the spending ability of these institutions over the years. The NSDS III had identified this as a critical area of focus.
The Skills Development Levy had been introduced in 1998 and considerable financial resources had become available in the country for skills development. However, there had been a non-allocation of these new-found financial resources for physical capacity building of dedicated institutions for skills development such as community skills centres. As a direct result of this vacuum, the country saw saturation of short skills development providers in tens of thousands across the country, with offerings, most of which have led many young people "around in a circle".
The DHET was in the process of reviewing the NSF's skills development projects. This was necessary to determine the NSF's strategic fit to the goals of the NSDS III and DHET plans for the future, and its alignment with the DHET's vision of an integrated post school education system. Based on the internal review outcomes, the NSF has had to re-negotiate with implementation agencies for re-costing and alignment of projects to the goals of the NSDS III, and negotiate a reduction of budget through elimination of other budget items considered excessive to the real thrust of the required training. Currently, the NSF was involved in wrapping up NSDS II processes, which included closure of current projects that have run their full period, the production of closure reports, the transfer of unutilised funds and developing an NSF six-year funding report of the NSDS II. The NSF was also preparing for the implementation of NSDS III by developing criteria and regulations for NSDS III implementation, by consulting with the National Skills Authority (NSA) about the funding framework, criteria, procedures and regulations, and by working with the DHET to develop an appropriate structure to support the new NSDS strategy.
The NSF continued to interact the Provincial Skills Development Forums (PSDFs) through the National Skills Authority, especially in relation to strategic projects run through provincial governments and SETAs. The NSF had set aside funding of R900 000 to cater for the PSDFs operational requirements.
In terms of key interventions for skills and employment, the Minister made R150 million available to National Student Financial Aid Scheme (NSFAS) to fund full cost studies in critical skills and for rural students in all institutions of higher learning in the country. A further R100 million was allocated to a contracted agency, Career Wise, to fund, through bursaries, the full cost of study of first year and continuing students in critical skills required by the country. A further R94 million was earmarked for allocation to the National Research Foundation to fund students in post graduate, masters, doctoral and high-level research programmes. The NSF has further committed R200 million to the Extended Public Works Programme (EPWP) targeted at training 40 000 beneficiaries. Currently, the NSF supported 268 community-based organisations by training 1935 learners in various skills that included organisation management and technical skills. The NSF facilitated the provision of skills development support to 367 community-based co-operatives. It had 29 active Memoranda of Agreement with service providers across all the provinces. The NSF gave skills development support to emerging entrepreneurs in rural areas through the Basic Employment Skills Development (BESD) programme. The continuation of the BESD programme was under review in light of the new strategy, NSDS III. The NSF, under the Industry Support Programme, supported the Department of Trade and Industry (DTI) by providing training incentives to newly established businesses and by helping businesses to expand. The NSF was seized with preparations for the new NSDS III, to ensure the current and future funding obligations are guided by a framework and criteria that speaks to the new NSDS. All processes were expected to be concluded by 15 April 2011.
Key strategic issues included the establishment of a strong monitoring and evaluation capacity, broad communication of the NSF funding framework and applicable criteria to facilitate the implementation of the NSDS III, building appropriate capacity within the NSF to disburse grants in an efficient manner, addressing skills for priority government programmes, and developing strong partnerships to increase the capacity of the system to deliver on skills.
The NSF had a projected income of R2 billion for the current financial year ending 31 March 2011 and its budgeted expenditure amounted to R3 billion, which represented a budget deficit of R1 billion. This deficit was approved by the National Treasury due to the availability of surplus funds in the NSF coffers from previous years. In recognition of the Fund's under-spending in previous years, the NSF had revised its 2010/11 budget to fall in line with expected spending, a process that was still underway within the DHET. Overall, to date, the NSF had total funds amounting to R6 billion, before accounting for commitments. The NSF was not ready to expend all their surpluses in one go due to the limited skills development and training infrastructure in the country. However, the NSDS III provided a welcome opportunity for the NSF to foster a wide range of partnerships to facilitate processes of skills development in the country, in a manner that would ensure the skills development levy was spent in the most productive and efficient manner.
Mr A van der Westhuizen (DA) said the picture that he had was funding from the NSF had dried up over the last year. The NSDF targeted the funding of African black people for training. However, public providers did not cater for certain kinds of training that private providers did, which meant certain types of training would still be reserved for the privileged. The Committee wanted the disadvantaged to become network engineers, skin and health therapists etc. The NSDS put strong emphasis on public institutions. He asked if this was correct.
The Minister admitted that some of the NSF's funds had dried up over the last year. Some of the projects the NSF had funded were good, but the others were not quite up to scratch. However, the DHET could not just cut projects, as it could negatively affect communities. The DHET was still evaluating which projects they would be continuing with and which they would not be. He hoped to discuss this at another meeting with the Committee.
He said the most vulnerable 18-20 year olds were black Africans and coloureds. This was the government's priority. The situation was worse for black Africans, but coloured people were not far behind. This problem had to be dealt with. The government wanted to focus on black Africans as well as coloureds.
On the issue of public and private providers, the government had a duty to build a high quality, post school public education and training institution. This was a priority. This was the purpose of the Further Education and Training (FET) colleges. The government was willing to work with the private sector regarding skills training and work. But, the public sector had to play a leading role. The private sector had to be brought in to help the public sector "bring up" its capacity. The government was not anti private providers; it was pro public providers.
Mr S Makhubele (ANC) noted there was a lack of infrastructure at skills development centres. This also spoke to the impact on rural development. The DHET also had to consider the possibility that the NSF should focus on infrastructure for skills centres as well. The sooner this matter was dealt with, the better. The DHET had to ensure progress could be made in each and every province. He wanted to know how many people the NSF had assisted overall.
The Minister agreed the NSF had to support capacity building for initiatives or projects the Fund thought were important. This was a task it had to accomplish, as it had not happened in the past. The DHET also wanted to form a pact with the premiers of provinces to say that they needed to support provincial skills development initiatives, but with tighter frameworks. If the NSF had to fund infrastructure for certain projects, it would require money from the fiscus. However, money received from the fiscus may not be sufficient given the desperate situations in the country's rural areas. If the government could fund a skills centre with a hundred people in one rural area, it would make a great difference in that locality.
The Minister added he was unable to answer how many people the NSF had assisted. He stated this was not going to be an easy question to answer because the DHET was still in the process of gathering information about the number of projects the NSF was involved in.
Mr Madikama added that the NSF's Annual Report would show what the yearly targets were for assisting people and if they were met. However, it was more important to look at the overall impact the Fund had on the country over the past five years.
Ms N Vukuza (COPE) noted that the Minister had alluded to the fact the DHET had many things to do to sort out the NSF. He needed to tell the Committee what he was dealing with so Members could understand what was happening. The Committee needed an organogram of the NSF. It was worrying the NSF had so many concerns, yet there was only one person from the DHET to attend to the Committee's queries. She noted the Minister had said that the DHET was "closing in" on NSDS II priorities. However, the Committee needed to know what the "big five" priorities were regarding the NSF and the NSDS.
The Minister replied that he and the DHET would have to come to the Committee, a few months from now, to do a presentation on skills development. The Human Resources Development Strategy spoke to the government's micro-policies, IPAP 2, the New Growth Plan etc. The question was which institutions the DHET had to drive these policies and what funding levers were available to them. The NSF had funding from the DHET as well as its levy money. He wanted to have a discussion with the Committee at some point about the NSDS III and what its goals were. However, today's discussion had to focus on what the Committee had asked him to present, which was the NSF. He was not being defensive, but that was the reality of the situation.
The good thing about the NSDS I and II was it allowed the NSF to respond to good community initiatives for training. The NSF would continue to encourage and fund such initiatives. The issue was the Fund's lack of capacity to monitor and evaluate their funds.
The Minister informed the Committee he had to leave the Committee early because he had to attend a Cabinet meeting. The Chairperson thanked him for his contribution to the discussion.
Mr G Radebe (ANC) noted it was a concern that people did not want to use public institutions. He asked what the DHET's plans were to motivate people to use public institutions. It was crucial the government enhance the capacity of these institutions. In terms of service providers appointed for the Eastern Cape, Kwazulu-Natal and Mpumalanga, from where were they Many service providers were white. Every time BEE providers applied to do certain jobs, they were told they lacked capacity. He noted the Department of Labour (DoL) would continue to monitor the NSF. He wanted to know what the DHET's relationship with the DoL was like. He suggested the Committee find the time to visit institutions that the NSF had funded?
Mr Madikama answered that a strategy had been developed for the NSF. The NSF was guided by the priorities outlined in the strategy. One of the strategies was to encourage the Department of Public Works (DPW) to use public institutions when training people. This applied especially to the programmes of the Extended Public Works Programme (EPWP). The DPW had called a meeting with principals of colleges where they discussed what skills training was available in each college across the country. 80% of the training needed by the DPW would be provided by these colleges. However, a meeting was held with the DPW afterwards, where they complained that some of the colleges were not offering the required skills programmes. They said the problem could be resolved if they called upon privately owned entities to offer the training. The DHET agreed the situation called for outside capacity. However, the intention was to build capacity with public colleges so the institution was able to engage in that particular skills programme.
He said the service providers working in the Eastern Cape, Kwazulu-Natal and Mpumalanga came from those areas.
Mr Madikama said it had been over a year since the NSF had been transferred to the DHET from the DoL. The DoL was still part of some of the projects that the NSF was involved in. The DoL had to create capacity that would ensure ongoing interactions with the beneficiaries of the programmes. In the engagements for the NSF transfer, due to the way the Fund was structured, it meant that it had to be transferred as it was since the DHET did not have the capacity to oversee the Fund. It was agreed the DoL was properly capacitated to facilitate ongoing engagements with beneficiaries of the Fund.
Ms W Nelson (ANC) asked what the DHET was doing to curb fly-by-night institutions, as there were young people walking around with certificates that were not even worth the paper they were written on. Was there a programme out in the public that informed people about the scarce skills that were needed in the country This would allow people to decide which skill they would like to go into and this would show them which subjects were required for that respective field?
Mr Madikamaanswered that there were a variety of short courses available to the public. The DHET had specific requirements that had to be met by service providers. The DHET also required contact numbers of people using those providers. This allowed the DHET to see if the funds given to the provider were being used for its intended purpose. The major control mechanism to curb fly-by-night institutions was that the courses outlined in project proposals had to be accredited by the relevant SETAs.
Mr Madikama said the NSF had a database that contained quite a number of training providers. There were other databases in the skills environment and in the SETAs that contained the names of service providers. There was a "generally communicated" list of the skills needed in the country.
Dr J Kloppers-Lourens (DA) noted that under-spending had characterised the NSF since its establishment. When was this going to be rectified or changed Was it going to be an ongoing problem She asked if the Fund budgeted for career guidance and if they expected people to write aptitude tests for career guidance?
Mr Madikama replied that the transfer of the NSF from the DoL to the DHET resulted in certain delays such as development of a framework for the NSF that was in line with the DHET's strategy. At the moment, the NSF was delayed by the launch of this strategy. Going forward, it was important to implement this new strategy. The Minister had "opened a window" that would allow the NSF to keep funding programmes and institutions while the new strategy was being implemented.
Mr Madikama addressed the matter of career guidance. The new NSF strategy identified the problem of a lack of career guidance for young students. Currently, the situation was the guidance of young people in an uncoordinated fashion, and sometimes there were large sections of the country that were neglected. This was more of a departmental matter. Both the NSF and skills institutions were called upon to make a contribution to resolving this matter, which included establishing a reasonable mechanism to ensure an integrated career guidance approach. This called for interactions with the Department of Basic Education, the DPW as well as the SETAs.
Mr Madikama said that there were a number of learnerships the NSF funded. These institutions had their own selection criteria that eliminated learners not suited to their learnerships.
Mr van der Westhuizen asked if the DHET could tell the Committee about any cases of corruption that were found in the NSF.
Mr Madikama replied that the cases were mainly about procurement processes for tenders and cases of irregular expenditure as well as wasteful expenditure.
The Chairperson stated that the Committee wanted a consolidated database of service providers the NSF had funded, specifically those accredited by the SETAs and other accreditation institutions. This would allow Members to see which service providers were in actual fact fly-by-night institutions receiving millions of Rands from the government. The DHET also had to communicate with Parliament to tell them when they would be able to give a presentation on the NSF programme that clearly responded to the NSDS priorities.
The meeting was adjourned.
Disclaimer: Every attempt is made to ensure that this information is accurate, but this minute is not an official record of the meeting and therefore should not be regarded as a complete and correct record of the proceedings in the committee.
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No part may be reproduced in any form without acknowledgement of the PMG.
<fn>GOV-ZA.2011031101En.2012-02-10.en.txt</fn>
On budget day, the National Treasury released a document, A safer financial sector to serve South Africa better, which sets out government's proposals for a stable financial services sector that is accessible to all, emphasising financial stability, consumer protection and financial inclusion. The main proposal is to separate prudential and market conduct regulation. The document also outlines a number of proposed changes to the regulation of market conduct, consumer protection and financial inclusion, including a new approach to dealing with high and opaque bank charges as well as insurance and savings charges.
The release of this document was the first step in the Treasury's consultative engagement with society on this matter.
The document is available on the National Treasury website or by clicking on: http://www.treasury.gov.
<fn>GOV-ZA.2011031102En.2012-02-10.en.txt</fn>
The South African Government unequivocally welcomes and supports the United Nations Security Council (UNSC) Resolution 1970 (2011) which, among other things, calls for a freeze of the funds and assets belonging to specific Libyan individuals and entities.
Government is working with financial institutions to identify funds and assets belonging to the individuals or entities listed in an annex to the UNSC Resolution.
The resolution provides for an arms embargo against Libya, a travel ban against and a freeze of the assets of particular individuals associated with the Libyan government. It also provides for a referral of the situation in Libya to the Prosecutor of the International Criminal Court.
Against this background, I have instructed the Financial Intelligence Centre to caution financial institutions not to become involved in any transactions or business relationships which may facilitate the provision of funds to persons or entities listed in the annex to UNSC resolution. In addition, I have, in terms of the Currency and Exchange Act, agreed with the Governor of the South African Reserve Bank that she will instruct the Financial Surveillance Department of the SARB to stop any such funds from leaving the country.
Government is exploring additional mechanisms to give effect to the UNSC resolution.
<fn>GOV-ZA.20110311gg34073r191rulesboardscaadEn.2012-02-10.en.txt</fn>
the granting of leave to appeal where leave to appeal is required; or the setting aside of a direction of a high court in terms of section 20(2)(b) of the Supreme Court Act, 1959 (Act No. 59 of 1959) or section 315(2)(b) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
A respondent in a civil appeal who intends to cross-appeal shall, within one month after receipt of the appellant's notice of appeal, lodge a notice of the cross-appeal with the registrar and with the registrar of the court a quo.
These rules shall come into operation on 15 April 2011.
<fn>GOV-ZA.20110318MuslimMarriagesEn.2012-02-10.en.txt</fn>
We have taken note of inaccurate and misleading media reports suggesting that the Muslim Marriages Bill (the Bill) has been approved by Cabinet and/or introduced into Parliament. Whilst it is true that the Bill has been presented to Cabinet for consideration, it has not yet been introduced into Parliament. Cabinet approved that the Bill may be published for public comments and input. The Bill was consequently published in the Gazette on 21 January 2011 for public comments.
Since its publication the Bill has elicited huge public response and reaction. We have received a mixed bag of over 5000 submissions with comments ranging from those who fully support the Bill, with others who support it subject to amendments, whilst others reject it completely in its current formulation. We will allow for consultations and engagements to take place to the extent it is practical to do so. We are aware that what we are dealing with here is a complex and emotive matter but one around which a resolution must be found.
In recognition of the need to allow for maximum participation to this process, the Minister of Justice, Jeff Radebe, has extended the closing date for the submission of comments from 15 March 2011 to 31 May 2011. We trust that everybody concerned will exploit this opportunity and make meaningful submissions.
The Bill can be obtained on the website of Department of Justice and Constitutional Development (www.justice.gov.za) and in the Government Gazette No.33946, dated 21 January 2011.
082 3333 880 ttlali@justice.gov.
<fn>GOV-ZA.20110318dmcjsdrugsEn.2012-02-10.en.txt</fn>
President Jacob Zuma has assured South Africans that the Criminal Justice System of the country is capable and willing to deal with substance abuse. Speaking at the 2nd Biennial Summit on Substance Abuse in Durban, the President said "Our Criminal Justice System is geared towards dealing with the impact of substance abuse."
The summit, hosted by the Department of Social Development and the Central Drug Authority, is a follow-up to the first summit that was held in 2007 and all role players will provide feedback on how they have implemented the resolutions that were agreed upon. The theme for this summit is: An Integrated Approach: Towards a Drug-Free Society.
Substance abuse in South Africa, is a major contributor to crime, gender based violence, poverty dysfunctional family life and many other social ills. Women and children often are the victims of violence.
President Zuma said the Justice Crime Prevention and Security cluster would continue to provide the necessary support to women in distress and take action against perpetrators. "We have directed the police to act decisively against drug peddlers. They should face the full might of the law as they are working to destroy our communities," he explained.
Speaking at the same event, Justice and Constitutional Development Deputy Minister Andries Nel pledged the department's support in ensuring that justice is served in cases of substance abuse. "Our courts are equipped to deal with such cases. We will bring drug lords to book because we don't want to only sentence the buyers but we want to deal with the problem from the root. We want the big fish," he said.
The Deputy Minister explained that young children are being used by drug lords to sell drugs and when these youngsters are arrested the drug lords simply move on to the next available youngster. "It is for this reason that we feel that there is a need for restorative justice. These youngsters should not be sent to prison where they will get worse but should rather be rehabilitated into society."
Government, in an effort to address the challenge of substance abuse, has put in place and is implementing the National Drug Master Plan. The plan has three key areas namely: demand reduction, law enforcement and supply reduction. The Blueprint will be reviewed this year; this is so it is strengthened in line with current trends.
<fn>GOV-ZA.20110331MinKznLegalForumEn.2012-02-10.en.txt</fn>
It is a great honour for me to be invited to deliver an address during this function where the contributions of legal practitioners and jurists in the justice and human rights field from the length and breadth of KwaZulu-Natal and beyond is being recognized. The function is even more fitting considering that it takes place during the Human Rights month the highlight of which was the President's address at the Athlone Stadium in Cape Town two weeks ago.
I am even more grateful to the organizers for having the depth to appreciate that the contributions of KwaZulu-Natal legal practitioners and jurists extend beyond the borders of our province. We are heartened by the fact that some of these illustrious individuals have climbed the ladder to international bodies and institutions.
Many of these luminaries have dispersed from their point of birth, KwaZulu-Natal, and have been deployed in other provinces and in other international bodies. They are however conscious of the fact that there is an umbilical cord that joins all of them together. Distance may mean that they may not always be with one another but they know deep down in their hearts that because of the specific history and challenges of their province, they should always be there for one another.
Allow me to raise some of this specific history and unique challenges of this province for the simple reason that any failure to do so may be wrongly misconstrued as misplaced self- gratification and a gratuitous creation of exceptionalism.
Most of the human rights violations took place in this province and there was an extraordinary pressure on legal practitioners and jurists to raise the bar in so far as how they responded to these violations.
The province represents the major population groups in South Africa. To the extent that the issue of human rights is also an issue of inter-human relations and diversity, there has always been a need for the legal practitioners and jurists in this province to understand the nuances and dynamics that inform the cultures and expectations of the constituent racial groups.
With most of the province being rural, the issue of access to amenities and to justice and socio-economic rights takes an even more urgent need. Legal practitioners and jurists have to respond to these urgent issues of rural marginalization.
There is a high level of the marginalization of women in this province. Legal practitioners and jurists have to lend a hand in addressing this issue of marginalization while meandering through the intricate cultural and social aspects of the challenges attached to this issue.
Each period of election invites uncertainty and fear, and the people's freedom of choice are greatly compromised. We need a vigilant judiciary and a dedicated legal fraternity, working together with the Independent Electoral Commission, to assure our people of the freedom of their choice when they vote and the punishment of those who wish to control the electoral process through fear and intimidation.
Lawyers and jurists who were involved in human rights work were themselves victims of the system they were fighting against. So while they valiantly represented their own clients, many of whom, through pro bono work, they were also fighting to improve their own conditions within South Africa. Their numerous victories for their clients became their own victories.
As these gallant lawyers steadfastly chirped away at the apartheid edifice, they both proved how impracticable this obnoxious system was, and also proved the supremacy of the human rights culture and the rule of law for a future South Africa.
For their troubles, these lawyers suffered the same fate as their clients who were in the coalface of the liberation struggle. There is a body of evidence that those legal practitioners and judges who challenged the views of the apartheid state faced little or no prospect of being recognized for vertical mobility. They were under constant surveillance and were sometimes regarded as threats to the sovereignty of the apartheid state. There is also a body of evidence that others were punished by being sent to the backwaters of our country where the legal challenges facing the communities were at variance with their expertise. Carmel Rickard's book "Thank You Judge Mostert" opens up the challenges which many justices faced during apartheid.
Even more severe was that many had trumped up spurious charges of mismanagement of trust funds and other issues related to ethical misconduct were leveled against them. In some cases the professional bodies which had to protect their integrities were themselves extensions of the state that sought to persecute them and became complicit in meting out injustice to their own members.  But this pedigree of lawyers and jurists survived, even when the threat and reality of elimination such as it happened to the Mxenges , existed. It is this pedigree of lawyers and jurists that we are recognizing today.
These were people of a different calibre.  Defining the challenges which faced such people we are recognizing today, the late Chief Justice Ismail Mohamed, the first Black Chief Justice in our democracy, touched on some of the attributes that the Judicial Service Commission is seized with each time it has to search for fit and proper jurists to the Bench.
"Society is entitled to demand from judges fidelity those qualities in the judicial temper which legitimize the exercise at judicial power. Many and subtle are the qualities which define the temper. Conspicuous amongst which these are scholarship, experience, dignity, rationality, courage, forensic skill, capacity for articulation, diligence, intellectual integrity and energy. More difficult to articulate, but arguably even more crucial than temper, is the quality called wisdom, enriched by a substantial measure of humility, and by an instinctive moral ability to distinguish from wrong and sometimes the more agonizing ability to weigh two rights or two wrongs against each other which comes from the consciousness of our imperfection."
The overarching effects of apartheid also meant that no matter how good a lawyer or jurist was, his destiny in the legal and judicial field was determined by his or her pigmentation. For this reason many eminent jurists took it upon themselves to engage the system from within, and in most cases they succeeded. In cases when they did not succeed, it was not because of the formidability of the argument of the apartheid state, but its propensity to undermine and to disregard even the very inadequate laws that it made for its own sustenance.
Each time the JSC is faced with the task of filling in vacancies in the judiciary, our sad past comes back to haunt us. We lament the limited opportunities that were granted to  legal practitioners who  are cultured in the human rights tradition and who would be perfect fit for the  democratic jurisprudence that relies on respect for and reference to the Constitution of the Republic of South Africa. Had there been adequate appreciation for these practitioners' contributions to our human rights culture before 1994, our pool for recruitment would be larger, and we would be in a position to deal with the issue of the shortage of female and African jurists in our courts.
As we recognize the contributions of these individuals we dare not forget the sacrifices of many others who had to forsake their legal professions to lead the struggle for human rights and justice in our country. Both President Nelson Mandela and former President of the African National Congress Reginald Oliver Tambo had a practice that took the issues of the poor and common people while at the same time engaged in the liberation struggle. In the prevalence of doom and gloom among our people, hopes for a better future were rekindled by those among us who were ready to commit class suicide and side with the poor rather than enjoy the fruits of their profession albeit amidst social, political and economic injustice.
The issue of human rights is neither new nor fashionable in the tradition of our movement. For example The African claims, penned in 1943 by a committee chaired by Z.K. Mathews and under the guidance of the then President -General of the ANC, Dr A.B. Xuma, was not only a precursor to the 1955 Freedom Charter but also the 1948 Universal Declaration of Human Rights.  All these documents are captured in the Constitution of our country. The existing associations present today, such as the Black Lawyers Association, the National Democratic Lawyers Association, the South African Women's Lawyers Association, Black Conveyancers Association and the KZN Public Sector Lawyers, are continuing to capture the spirit of this tradition.
In this capturing we now understand human rights to be far more than the right to vote. Indeed our struggle was not only confined to the right to vote as this right is only but one of many which are enshrined in the Bill of Rights. Thus we understand human rights to be the women's rights, children's rights to be human rights and the rights of people with disabilities to be human rights too. Socio-economic rights cannot be seen in isolation because they are part and parcel of human rights.
The human rights field is not a terrain for the faint-hearted, and resilience is required to survive. This survival is informed by the determination and resolve to extend these rights to the marginalized. Practicing in human rights also requires a high level of objectivity. It is this objectivity which invites opprobrium from some elements in our society whose existence is threatened by an equitable extension of these rights. Thus when an eminent South African legal scholar and UN Rapporteur on Human Rights, Professor John Dugard gets castigated for his objective views as a "terrorist spokesperson with a UN license," or Justice Richard Goldstone is derided for his Report on the Middle East, or the UN High Commissioner Judge Navi Pillay's report is doubted in certain quarters, you begin to see that the challenges are huge, and you cannot satisfy all sections of society all the time. All these can be overcome by the resilience which is born out of absolute objectivity.
I am aware that the banquet is to recognize contributors from the Province of KwaZulu-Natal. I propose that in future functions of this nature, we should also include the role that has been played by kwaZulu-Natal's academic institutions in the training of legal practitioners from the rest of the subcontinent.  Through the machinations of the apartheid state, the University of Zululand provided legal students from other provinces with the necessary academic training, while the then Universities of Natal and Durban Westville played a similar role. The Law Departments of these Universities charted a way for many under privileged students to study law, thereby debunking the myth of law as an exclusive profession.
We also need to recognize the role that was played by established law firms in providing the mandatory articleships for aspirant lawyers from all over the country. There are many practitioners who appreciate the legal grounding they received from the established layers of the province.  Without establishing any form of exceptionalism for this particular province, there is indeed a wealth of academic excellence, paralegal training, articleships and experience that this province does claim to the legal profession.
In our democratic dispensation, enabling conditions exist for the profession to thrive and prosper without any fear of restrictions from the Government. I wish to reiterate that there are no plans in place to reverse the independence of the judiciary and the rule of law. We proclaim this truth to be self evident that South Africa is a government of laws and not of men, for when laws rule, objectivity is maintained, and when men put themselves above the law, their states become candidates for failed states.    There is nothing in the immediate horizon indicating that our country will be a failed state. We are confident of this assertion because of our belief in our legal system.
As a state we subject ourselves to be sued, and to respect the decision of the courts as we have done in the past. All scare tactics that indicate that we wish to conflate the three arms of the State, the executive, the judiciary and the legislature, are not based on fact and are pure speculation. In spite of the red herrings that emanate now and then, from certain quarters, our Constitution is inviolate and as matters stand there is no intention of changing the Constitution upon which our human rights culture is based.
I may not be perfectly placed to take the thunder from the KZN Legal Forum's selective criteria as to tonight's awardees. There are however, cases that shine through and over whom there should be no debate as to their suitability for the awards. I have, in passing mentioned Judge Navi Pillay. I hope the House will agree with me that the role of former Chief Justice Pius Langa and current Chief Justice Sandile Ngcobo in the transformation of our judiciary cannot go unnoticed, even if the Legal Forum may have used different criteria that may or may not exclude them.
A special mention should also be made of those White justices who could have chosen the silence of their colleagues and the benefits of the past State but instead chose to highlight the issues of human rights even when this was detrimental to their own standing among their colleagues.
Tonight's function should not blind us to the challenges that still exist in the profession. Cogent questions, foremost amongst which is the issue of transformation, still linger.  To jog your memories about resistance to transformation, it was only recently that when there was a need to appoint, through a transparent JSC process, a Judge President for this province, former Judge President Vuka Shabalala, there were some of his colleagues who argued that he was too junior to be appointed.
When his replacement, who had been his Deputy, Mr Herbert Msimang was appointed, again through a transparent JSC process, cries of political connectivity and political interference were cited. This not only doubted the suitability of the two Justices but also doubted the scrutiny and the objectivity of the JSC which had appointed them.
Each time the issue of the Cape Judge President John Hlophe is resuscitated in Courts, there is a numbing feeling that there may be forces that are working against the imperatives of transformation. Colleagues in the JSC will attest that each time we sit to deliberate on the filling in of vacancies in the judiciary, accusations and doubts against certain candidates surface on the day of the interviews, and in almost many of them, the ability and the suitability of the Black candidates are doubted for reasons not apparent in their qualifications. In certain cases the interviews have been delayed because the JSC has had to give the candidates so accused the time to acclimatize themselves with the charges laid against them.
In conclusion I wish to extend my own congratulations to the awardees. It is these functions which show that as a democratic State we appreciate the role that is played by the legal practitioners and the judicial officers to sustain our democracy. It is even more fitting when such recognition comes from among the colleagues in the same profession. The awardees could have chosen to wash their hands, like Pontius Pilate, on the challenges that faced them, but decided to grab the bull by the horns and continued to execute their duties through selfless industry and dedication. As I close, I wish to remind the recipients that such recognition is not an end in itself, but a call to arms to even better their contributions to access to justice for all our people. Much has been achieved, but there is still much much more to be done!
One more congratulations to the awardees!
<fn>GOV-ZA.20110331instructionnote31En.2012-02-10.en.txt</fn>
This practice note replaces Practise Note 1 of 2010/11 dated 3 February 2011.
Chapter 5 of the Public Finance Management Act 1 of 1999 (PFMA) prescribes the responsibilities of Accounting Officers.
Actual revenue and expenditure for the preceding month; Anticipated revenue and expenditure for the current month; A projection of expected expenditure and revenue collection for the remainder of the current financial year; and When necessary, an explanation of any material variances, and a summary of the steps that are taken to ensure that the projected expenditure and revenue remain within budget.
Section 40 (1) (a) requires Accounting Officers to maintain full and proper records of the financial affairs of the department in accordance with any prescribed norms and standards. To ensure the completeness and accuracy of the information supplied in terms of section 40 (4) (c), all Accounting Officers must certify on a monthly basis, before the closure of the accounting month that they have complied with the minimum financial performance indicators in Annexure B.
In addition, compliance to Paragraph 17.
3.2 That in all exceptional cases, where it is necessary to account for revenue and expenditure transactions in a control account because the classification has not been resolved, that the Accounting Officer, or his/her designate, ensured that the requirements of Annexure B regarding items in control/suspense accounts have been complied with.
The Chief Financial Officer must review and approve (by signing) all reconciliations for the reporting month to ensure that unauthorized transactions are detected, and dishonored cheques and long outstanding amounts are followed up and cleared. By signing the reconciliations, the Chief Financial Officer confirms concurrence and approval thereof.
(See Annexure A).
The minimum financial management performance indicators that would assist in the completion of the certificate is contained in Annexure B. The certificate must be completed and signed by the Chief Financial Officer and Accounting Officer on a monthly basis. Each certificate must be submitted to the relevant treasury.
The month-end closure dates for the 2011/12 financial year are reflected in Annexure C. National and Provincial departments must align these dates to their departmental processes in order to ensure that the month-end closure can occur timeously on or before these dates. National Treasury will force close any general ledgers that are still open by the closing dates in Annexure C.
All National and Provincial departments must ensure that bank reconciliations are performed on a daily basis.
Annexure D lists the final dates of the Paymaster General Account (PMG) closure and availability of Bank statements. This information must be used in conjunction with the month-end closure dates.
All Provincial Departments are to follow the reporting requirements as determined by the Provincial Treasury and reports must be submitted no later than the dates in Annexure C.
The amendments to the Bill of Exchange Act, regarding non transferable cheques require all National/Provincial departments to take care of their warrant voucher/cheques, to scrutinise statements to detect unauthorised debits and to ensure timeous preparation and review of bank reconciliations. This implies that all enquiries must be sent to the bank immediately on a daily basis. Please note that as a result of the amendments, banks can no longer be held liable for forged or altered cheques, where the forgery or alterations were facilitated as a result of negligence by the department.
If an Accounting Officer is unable to comply with any of the minimum prescribed financial performance indicators in Annexure B, s/he must promptly report the non compliance and reasons thereof to the relevant treasury and provide action plans with timeframes to address the non-compliance.
Practice Note 5 of 2009 is hereby repealed. Reporting requirements in terms of the IFS will be issued annually.
Accountability and governance within the public sector needs to be strengthened.
Therefore IFS was introduced in the 2009/10 financial year. Both National and Provincial Departments were required to complete the IFS for the period ended 30 September 2009. The IFS template had to be submitted to the relevant treasury on or before 31 October 2009.
8.3.4.4. 31 March 2012 8.3.5. The completed IFS template must be submitted to the relevant treasury within 30 days after the period ended.
The Accounting Officer will be required to complete and sign the letter confirming accuracy and completeness. This letter is attached as Annexure E.
National departments are required to submit their IFS to the respective Office of the Accountant-General representative allocated to them while provincial departments should submit their IFS to their respective Provincial Accountant-General. (See point 6 above for more details).
Guidance on completion of the IFS will be issued with the template on an annual basis.
The IFS template for 2010/11 will be issued by no later than 31 May 2011.
This Practice Note applies to all national and provincial departments. Failure to comply with this Practice Note shall be regarded as financial misconduct in terms of the Treasury Regulations.
Head Officials of Provincial Treasuries are requested to bring the contents of this Practice Note to the attention of accounting officers of their provincial departments.
11.A copy of this Practice Note will be forwarded to the Auditor-General to ensure its contents are included in their audit scope.
This Practice Note takes effect from 1 April 2011.
This Practice Note is issued in terms of Section 76(4)(g) of the PFMA.
Please attach reason/comments and action plans with the time frames to address non-compliance with the minimum financial management performance indicators reflected in Annexure B.
The Bank Reconciliation for all bank accounts for the reporting month has been done as at and copies are attached (Do not attach any other documentation).
All transactions are supported by authentic and verifiable source documents.
All deposits and receipts have been recorded in the General Ledger of the department and reconciled.
All departmental revenue has been paid timeously to the National Revenue Fund.
All Cheques/Warrant vouchers/Electronic fund transfer (EFT)/Bank credits have been recorded in the General Ledger of the department and the EFT control account reconciled.
The bank adjustment/exception account has been reconciled.
All Bank Reconciliations have been performed and reconciling items cleared.
All interfaces for the month have taken place and reconciled.
All journals have been recorded and authorised on the Financial System of the department.
All Inter-departmental balances and debts have been recorded, reconciled and paid within the prescribed or agreed period.
All staff debts have been recorded and reconciled.
All reporting requirements of Division of Revenue Act (DoRA) have been adhered to.
The Budget per the Estimates of National Expenditure (ENE) or adjusted ENE has been captured on the financial systems as per the Standard Chart of Account (SCOA) as prescribed in the ENE. The Budget on the financial system has been reconciled to the ENE or adjusted ENE.
13.1 All supporting documentation is readily available.
13.2 Monthly reconciliation of all control or suspense accounts is performed to confirmed and unconfirmed balances in the confirmation letters (issued and received) and available supporting documentation.
13.3 Amounts included in control or suspense accounts are cleared and correctly allocated to the relevant cost centres on a monthly basis.
13.4 Reports are provided to the Accounting Officer about uncleared items, and followed up on a monthly basis by the Chief Financial Officer.
MARCH 2012 - PRELIMINARY 2012/04/30 i The dates reflect close of business for that day. ii The dates are the latest possible closure date; however departments are encouraged to enhance their internal procedures to close earlier.
I hereby acknowledge that the interim financial report (IFR) of 2 , have been submitted to the relevant treasury3 as requested in Practice Note 5 of 2009.
the IFR have been prepared in accordance with modified cash basis of accounting and relevant guidelines specified / issued by the National Treasury.
the IFR is complete and accurate.
all amounts appearing on the IFR have been cast and cross-cast.
the IFR is free from material misstatements, including omissions; and accounting estimates are reasonable in the circumstances.
1 The letter should be addressed to national/provincial treasury.
2 Insert the name of the department.
3 Insert the relevant reference, for example for national and provincial treasury.
<fn>GOV-ZA.201103En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2011040101En.2012-02-10.en.txt</fn>
The South African Government is implementing the United Nations Security Council Resolution 1975 (2011), which was adopted with immediate effect on Wednesday, 30 March 2011.
Financial institutions should note that the resolution applies to the abovementioned individuals listed in Annex 1 of the Resolution and also to the funds, other financial assets and economic resources owned or controlled, directly or indirectly, by the designated persons in an earlier UNSC Resolution, namely in paragraphs 9 and 11 of UNSC Resolution 1572 (2004).
Accordingly, I have instructed the Financial Intelligence Centre to caution financial institutions not to become involved in any transactions or business relationships which may facilitate the provision of funds to persons or entities listed pursuant to UNSC Resolution 1975 as amplified by paragraphs 9 and 11 of UNSC Resolution 1572 (2004). In addition the South African Reserve Bank has indicated it will use the measures available to it to prevent any such funds from leaving the country.
The South African Government has expressed its deep concern for the situation in Côte d'Ivoire and called upon the African Union and the Economic Community of West African States (ECOWAS) to support efforts to find a political solution to the violence and conflict in that country.
<fn>GOV-ZA.20110401publicinstitutionssch13dEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.20110404HeadsOfCourtsEn.2012-02-10.en.txt</fn>
The Justice and Constitutional Development Minister Jeff Radebe met with the Heads of Court on Sunday, 03 April 2011 in Cape Town. It was one of the regular and scheduled meetings that traditionally precede the sitting of the Judicial Service Commission (JSC).
This platform affords the Minister as a Cabinet member responsible for the administration of justice, to have a session with the heads of court and share information on matters that have an impact on the administration of justice. Accompanied by the Justice Director-General, Mrs. Nonkululeko Sindane and two senior officials, the Minister reflected on progress made on a number of areas ranging from budget, pending legislation to operational challenges.
The judiciary was led by the Chief Justice Sandile Ngcobo with the President of the Supreme Court of Appeal and various Judges President present.
The Minister indicated that this first meeting in this calendar year coincided with the beginning of government's financial year where the Department has experienced a budgetary cut of R1,4 billion over the 2010 MTEF cycle. "This calls on all of us to cut our coat according to the size of our cloth", said the Minister. "We will be able to meet your expectations on certain areas; we may have to defer delivery on others to a future date. Where there are competing demands and resources are limited, hard choices and tough decisions must be made. It is not our understanding that the judiciary is unreasonable", he added.
Following receipt of submissions and input from stakeholders, the revised formulation of the Bill took into account sentiments expressed and provide for the specialist High Courts (Labour Appeal Court and the Competition Appeal Court) to continue to exist. The earlier version of the Bill would have prolonged the finalization of cases as it would have created an added layer of appeal on cases that require expediency.
There are no major changes from the proposed text of the Bill save for the seat of High court in both Gauteng and the Eastern Cape. The seat will now be in Pretoria and Grahamstown for Gauteng and the Eastern Cape respectively.
One of the objectives of the Bill is to redress the fragmentation and divisions in the legal profession; which are the remnants of the segregation policy our country endured before the realization of our democratic dispensation. There are those areas around which there is no consensus. For this reason this law will be implemented in two phases, starting with those areas around which there is no dispute. This will allow time for us to find ways of dealing with the contested issues.
"The three Bills will go a long way in contributing towards the transformation of the judiciary and our legal system. They are now with the State Law Advisors for certification. I am optimistic that Parliament will be able to process these Bills very soon", the Minister indicated.
The Bill seeks to accelerate the establishment of the High Courts in Limpopo and Mpumalanga ahead of the implementation of the Superior Courts Bill. Funds have been allocated in our 2011/12 financial year for the construction of these two High Courts which are expected to be ready by 2012. These courts will function independently of the North Gauteng High Court in January 2012. Pending the completion of the construction of the courts in these provinces, temporary accommodation has been secured both in Polokwane and Nelspruit and these will be used as the seat of the circuit courts of the North Gauteng High Court to deal with matters emanating from Limpopo and Mpumalanga respectively.
The Minister reflected on measures undertaken by the Department in relation to increasing capacity at the courts to deal among other things with default judgments, especially at the South Gauteng High Court. Measures implemented in the short term have helped to stabilize and bring the situation under control.
Whilst the existence of hard copy material (journals, law reports and text books) is ideal and/or necessary for the judicial offers to be able to work, the Department has identified other methods through which information for purposes of doing judicial work could still be made available. We have in place at least two licenses through which all judicial officers could electronically access material (law reports) that may be necessary for them to prepare their judgments among other things. We urge judges and magistrates to make themselves available for training.
The physical infrastructure expansion project for the South Gauteng High Court is on track. This will bring much needed relief to accommodation challenges faced by the court.
The Department has committed to providing security infrastructure to all judges. This is a sensitive area around which we will not provide further details.
<fn>GOV-ZA.20110407JudgeMsimangEn.2012-02-10.en.txt</fn>
We have as the Department of Justice and Constitutional Development learnt with a great sense of shock and sadness of the passing on of Judge Herbert Msimang. He was the Judge President of the High Court in the Province of KwaZulu-Natal.
I have known Judge Msimang for a long time and he was one of the best students the University of Zululand has ever produced. He was appointed to the position of the Judge-President not so long ago. Many in the judiciary and the legal fraternity were still expecting to learn more from him.
He was one of the sharp legal minds and has contributed a lot in his field of profession towards the advancement of the course of democracy.
On behalf of government, I would like to express our deepest condolences to the Msimang family. His passing is a loss that extends to the judiciary as a whole and the entire legal fraternity.
He will be remembered for his bravery and independent legal mind.
<fn>GOV-ZA.20110415Gg34198R322PaiaEn.2012-02-10.en.txt</fn>
· Establishment certificate.
· Governance structures and members.
· Annual report.
· Contact details.
· Discretionary grants: criteria, funds spent on discretionary grants, SIC codes well as, SETA transfers.
· Grant unit contact details.
· Information on accredited training providers and accreditation documents.
· Information on assessment document, registered assessors and registered moderators.
· List of institutions that Merseta ETQA Division has memorandum of understanding with.
· Criteria for skills programmes as well as the skills programmes registration application.
· List of registered learnerships.
· List of registered skill programmes. · Courseware and material to accredited training providers.
· Designated trades.
· Advocacy and communication · · Newsletters. Brochures.
· Project and Initiatives · Bursary scheme and bursary application form.
· Sector skills plan.
· NSDS Achievements · Apprentice and Learner Statistics: Employers per region, registered contract details per Chamber, Learners by region and Learners by chamber.
· Human Resources · Publication on vacancies of Merseta.
· Internal Audit · Fraud and corruption hotline contact number.
List of records above (a) The records may be obtained on request in writing addressed to the office of the Chief Executive Officer, MERSETA, P O Box 61826, Marshalltown, 2107, fax number (011) 551 5202, email to ceo@merseta.org.za or visit our website www.merseta.org.
List of records above and where the reported free of charge http://www.mylexisnexis.co.za/nxt/gateway.
The records may be obtained on request in writing addressed to the office of the Chief Executive Officer, MERSETA, P O Box 61826, Marshalltown, 2107, fax number (011) 551 5202, email ceo@merseta.org.za or visit our website www.merseta.org.
<fn>GOV-ZA.20110415Gg34198R323PaiaEn.2012-02-10.en.txt</fn>
No. R. 323 15 April 2011 PROMOTION OF ACCESS TO INFORMATION ACT, 2000 DESCRIPTION SUBMITTED IN TERMS OF SECTION 15(1) I, Jeffrey Thamsanqa Radebe, Minister of Justice and Constitutional Development, hereby publish under section 15(2) of the Promotion of Access to Information Act, 2000 (Act No.
· Departmental Strategic Plans · Departmental Annual Performance Plan · Service Delivery Improvemeal Plan · Annul Reports · Departmental reports Employment Equity Reports · Published organizational structures · Approved organizational structures · Departmental File plans · Audited financial statements · Budgets · Internal Department acts regulations, policies and procedure manuals · Citizens report · Promotion of Access to Information Manual · Service Standards · Service Delivery Charters · Departmental Events Calendar · Acts · Copies of Speeches by the MEC · Media releases · Budget speech · Circulars of advertised posts and services · Departmental forms · Staff Contact Details Directory · Journals and magazines · Tenders Bulletins · News Letters · Promotional material · Departmental media statements The records may be inspected at the Department on request, addressed to the Office of the Deputy Information Officer, Department of Sport, Arts and Culture.
Private Bag x9549 Polokwane 0700 Tel. No. 015 284 40437 Fax: No.: 0865460880 e-mail address: Nkatingij@sac.limpopo visit our website www.limpopo.gov.
Records can be purchased at the http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/6q07b/1mndc/q6xdc/k 4/20/2011 No: R.
Revenue Section Second floor Office No.
The records may be accessed on request addressed to the Office of the Deputy Information, Department of Sport, Arts and Culture.
Fax: No.: 0865460880 e-mail address: Nkatingij@sac.limpopo.gov.za or visit our website www.limpopo.gov.
Head of Department Date Tlhoaele J.D.
Fax: No.
Email address: Nkatingij@sac.
gov.za or visit our website www.limpopo.gov.
Hard copy Hard copy http://www.mylexisnexis.co.za/nxt/gateway.
<fn>GOV-ZA.20110415Gg34198R324PaiaEn.2012-02-10.en.txt</fn>
On Campus http://www.mylexisnexis.co.za/nxt/gateway.
Services http://www.mylexisnexis.co.za/nxt/gateway.
<fn>GOV-ZA.20110415gg34198r320paiaEn.2012-02-10.en.txt</fn>
(Section 15 of the Promotion of Access to Information Act 2000 (Act no.
http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/6q07b/1mndc/q6xdc/h 4/20/2011 4.
Departmental Call Centre, Tel No. 086 111 2468 2.
Departmental Call Centre. Tel No. 086 111 2468 3.
Departmental Call Centre, Tel No. 086 111 2468 4.
Mr M Jardine, Tel No.
Ms W Olivier, Tel No.
Marine Protected Areas http://www.mylexisnexis.co.za/nxt/gateway.
National Environmental Compliance and Enforcement Report 2007-2008 and 20082009 15.
<fn>GOV-ZA.20110415gg34198r321paiaEn.2012-02-10.en.txt</fn>
1.2 Personnel records Personnel refers to any person who works for or provides services to or on behalf of http://www.mylexisnexis.co.za/nxt/gateway.dll/g62x/38d3/tlm1/6q07b/1mndc/q6xdc/ie...
SERVICE SETA and receives or is entitled to receive any remuneration and any other person who assist in carrying out or conducting any work or services of SERVICE SETA. This includes, without limitation, directors, heads of departments, managers, all permanent, temporary and part-time staff as well as contract workers.
· Internal evaluation records; and · Other internal records and correspondence.
· Records held by SERVICE SETA pertaining to other parties, including financial records, correspondence, contractual records, records provided by the other party, and records third parties have provided about their contractors/suppliers.
See inspection records On request from information officer: Charmayne Kok http://www.mylexisnexis.co.za/nxt/gateway.
<fn>GOV-ZA.20110419SccSwissEn.2012-02-10.en.txt</fn>
Today access to justice received a major boost following the conclusion of a cooperative agreement signed by the Minister of Justice and Constitutional Development, Mr. Jeff Radebe and the Swiss Ambassador, Mr. Rudolf Barfuss on behalf of South Africa and Switzerland respectively. The agreement is an extension of a partnership that had been in place in the past four years on the revitalization of Small Claims Courts in South Africa. The agreement leads to an injection of R10 million by the Swiss government, through the Swiss Agency for Development and Cooperation for a further period of four years.
The project has to date received R4, 2 million in donor funding, which translated into the establishment of 26 Small Claims Courts and the revival of 17 inactive courts. In addition, 16 Advisory Boards were revived during phase 1 of the project which ran from March 2007 to February 2011.
Phase 2 of the project, which runs from March 2011 until February 2015 will ensure that the courts are established on an incremental basis. For the 2011/2012 financial year, the Department plans to establish 30 additional Small Claims Courts which will increase the number of those currently available and operational nationally from 224 to 254.
In these courts claims are resolved speedily, inexpensively and informally and litigants conduct their own cases without legal representation. Due to the high utilization of these courts, the Minister adjusted in 2010 their monetary jurisdiction by increasing it from R7 000 to R12 000. In this way more matters are being dealt with up to the stipulated threshold.
Small Claims Courts normally deal with disputes that include monies lent amongst individuals, claims over movable or immovable property, property occupation or mortgage bonds, promissory notes and credit agreements. These courts also allow for people under the age of 21 to lodge their claims provided they are accompanied by a parent or legal guardian. Claims can be lodged against other natural persons (individuals), companies and corporations but not against the State (including municipalities).
In an effort to ensure smooth running of these courts the Minister of Justice appointed an Advisory Board comprising of the Chairperson and the Deputy Chairperson for each Small Claims Court. The board oversees the general running of a Small Claims Court as well as the appointment of Commissioners.
In order to standardize the practice of the Small Claims Courts and enhance their performance, Deputy Minister Andries Nel in 2010 launched the guidelines for commissioners and clerks. These guidelines have contributed to the re-engineering of the Small Claims Courts and have clarified the procedures. They have dealt with the requisite skills needed by Commissioners and professionals to carry out their responsibilities effectively.
The revitalization of small claims court is part of the department's effort to ensure equitable and accessible justice services to all South Africans.
<fn>GOV-ZA.2011042001En.2012-02-10.en.txt</fn>
I am pleased to announce the appointment of Mr Lungisa Fuzile as the new Director-General of the National Treasury effective 16 May 2011.
Mr Fuzile joined the National Treasury in February 1998 as a deputy director in the Intergovernmental Relations division, where he gained a sound understanding of the intergovernmental finance system and rose through the ranks to become the head of the division. In this position he demonstrated strategic leadership to the development and maintenance of the intergovernmental fiscal framework, including the review of the formulae for the transfer of resources to provincial and local governments.
Mr Fuzile is currently the Treasury's Head of Asset and Liability Management. In this capacity Fuzile, together with the DG and other Treasury colleagues, meets domestic and foreign investors twice a year to sell them the good prospects that South Africa offers. In his various positions in the Treasury he has acquired a deep understanding of the work of the department including financial market development, and global and domestic economic context. Before joining the Treasury, he worked as a statistician, university lecturer and teacher.
I would like to take this opportunity to thank Mr Lesetja Kganyago, the out-going Director-General, for his vibrant leadership and dedication over the past 15 years. We are confident that the exceptional work of the department will continue under Mr Fuzile's sterling leadership.
<fn>GOV-ZA.20110420En.2012-02-10.en.txt</fn>
AUSTRALIAN HISTORICAL STUDIES Semiannual ISSN: 1031-461X UNIV MELBOURNE, HIST DEPT, PARKVILLE, AUSTRALIA, VICTORIA, 3052 109.
AUSTRALIAN JOURNAL OF FRENCH STUDIES Tri-annual ISSN: 0004-9468 MONASH UNIV, SCHOOL EUROPEAN LANGUAGES & CULTURES, DEPT FRENCH STUDIES, PO BOX 11A, CLAYTON, AUSTRALIA, VIC, 3800 110.
AUSTRALIAN LITERARY STUDIES Semiannual ISSN: 0004-9697 UNIV QUEENSLAND AUSTRALIAN LITERARY STUDIES, DEPT ENGLISH PO BOX 88, ST LUCIA, AUSTRALIA, QLD, 4067 112.
BALLET REVIEW Quarterly ISSN: 0522-0653 DANCE RESEARCH FOUNDATION, INC, C/O ROBERTA HELLMAN, 37 WEST 12 STREET-7J, NEW YORK, USA, NY, 10011 116.
BEITRAGE ZUR GESCHICHTE DER ARBEITERBEWEGUNG Quarterly ISSN: 0942-3060 TRAFO VERLAG, DR WOLFGANG WEIST, FINKENSTR 8, BERLIN, GERMANY, D-12621 121.
BIBLIOTHEQUE D HUMANISME ET RENAISSANCE Tri-annual ISSN: 0006-1999 LIBRAIRIE DROZ SA, 11 RUE MASSOT CASE POSTALE 389, GENEVA 12, SWITZERLAND, 1211 125.
BRITISH JOURNAL FOR THE HISTORY OF SCIENCE Quarterly ISSN: 0007-0874 CAMBRIDGE UNIV PRESS, 32 AVENUE OF THE AMERICAS, NEW YORK, USA, NY, 10013-2473 132.
BULLETIN MONUMENTAL Quarterly ISSN: 0007-473X SOC FR ARCHEOLOGIE MUSEE MONUMENT FRANCAIS, PALAIS DE CHAILLOT AILE DE PARIS, PARIS, FRANCE, 75016 138.
BULLETIN OF THE AMERICAN SOCIETY OF PAPYROLOGISTS Quarterly ISSN: 0003-1186 AMER SOC PAPYROLOGISTS, PO BOX 487, CANTON, USA, MA, 020210487 140.
BULLETIN OF THE COUNCIL FOR RESEARCH IN MUSIC EDUCATION Quarterly ISSN: 0010-9894 COUNCIL RES IN MUSIC EDUCATION, UNIV ILLINOIS URBANA-CHAMPAIGN 1114 WEST NEVADA, URBANA, USA, IL, 61801 142.
ACADEMIA SINICA Quarterly ISSN: 1012-4195 ACADEMIA SINICA-INST HISTORY PHILOLOGY, EDITORIAL COMMITTEE, TAIPEI, TAIWAN, 11529 144.
<fn>GOV-ZA.20110421gg34215r346npasalariesEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.20110421sccboostEn.2012-02-10.en.txt</fn>
When Annie Manyike employer refused to pay her R12 000, she instituted a case against him at Alexandra Small Claims Court. After receiving a letter of demand from the court, the defendant paid Mrs Manyike. This is one of the many examples of people accessing free and speedy justice services through Small Claims Court.
An agreement between the Swiss government, through the Swiss Agency for Development and Cooperation and the Department of Justice and Constitutional Development (DOJ&CD) will ensure that more South Africans, who have cases familiar to Mrs Manyike, access justice.
DOJ&CD Minister Jeff Radebe and the Swiss Ambassador Rudolf Barfuss, signed a cooperative agreement on 19 April that would see the Swiss government injecting R10 million in a project to revitalise Small Claims Courts in South Africa. The funding is part of a partnership that has been in place for the past four years. The project has to date received R4.2m in donor funding, this has translated into the establishment of 26 Small Claims Courts and the revival of 17 inactive courts. In addition 16 Advisory Boards were revived during the first phase of the project which ran from March 2007 to February 2011.
Now in the second phase, the project will ensure that more courts are established on an incremental basis. The department plans to establish 30 additional courts in the financial year 2011/12. This will increase the number of those currently available and operational nationally from 224 to 254.
Speaking at the signing ceremony in Johannesburg, Minister Radebe said "Today marks our continued commitment towards ensuring that justice prevails in every quarter of the South African society. This is very important as it helps to enhance social cohesion and encourage adherence to the principals of justice and fairness in all social dealings, irrespective of how small the issue might seem."
Previously disadvantaged areas will mostly benefit from this project. The Minister explained that the department would continue to ensure that rural areas have the same opportunities of accessing justice like urban areas.
"Significantly and in keeping with our objective of ensuring access to justice, most of these newly established courts will be in rural areas," he said.
<fn>GOV-ZA.20110426Gg34239rg9526p32CompactcomcetEn.2012-02-10.en.txt</fn>
In terms of section 225 of the Companies Act, 2008 (Act No. 71 of 2008), 1 hereby determine that the Act shall come into operation on 1 May 2011.
Given under my Hand and the Seal of the Republic of South Africa at P-retoria this ...1.9th...day of ...... Ap.rjJ. ................... Two Thousand and Eleven.
In terms of section 225 of the Companies Act, 2008 (Act No.71 of 2008), I hereby, by means of the accompanying proclamations in English and Afrikaans, detennine that the Act shall come into operation on the 1't May 2011.
Given under my Hand and the Seal of the Republic of South Africa at ~:~~'TJ~ this 1.~th day of ....... f:.P.~iL ............ Two Thousand and Eleven ?
<fn>GOV-ZA.201104En.2012-02-10.en.txt</fn>
Tenders are hereby invited, the successful Tenderer will be appointed as a Nominated Sub Constractor.
<fn>GOV-ZA.2011050401En.2012-02-10.en.txt</fn>
National Treasury released two discussion papers for public comment on Budget day this year (23 February 2011). These were "A review framework for cross-border direct investment into South Africa" and "Prudential regulation of foreign exposure for South African institutional investors". The papers are available on the Treasury website as per the link below.
Treasury invited public comments on both discussion documents from all interested stakeholders, with the deadline for submission of written comments as 30 April 2011. Due to the overwhelming interest in the two papers, Treasury is extending this deadline to give interested stakeholders and their bodies more time to respond. The deadline for submitting written comments to Treasury on the two papers is extended from the 30 April 2011 to the 31 May 2011.
After the close of the comment period, Treasury will host workshops on the two papers on dates to be advised in June 2011.
Comments on the two discussion documents are invited from all interested stakeholders. Written comments should be sent to: financial.policy@treasury.gov.za or faxed to 012 315 5206 by 31 May 2011.
<fn>GOV-ZA.20110504LbgtiTaskteamEn.2012-02-10.en.txt</fn>
Senior government officials from the Justice, Crime Prevention and Security cluster met with representatives from various Non Governmental Organizations (NGO's) on Tuesday, 03 May 2011 in Cape Town. This was the second of the two meetings held thus far aimed at establishing a common ground, informed by a common understanding and purpose on issues that relate to the crime phenomenon labeled "corrective rape".
One of the NGO's Luleki Sizwe wrote a letter to the Justice Minister Jeff Radebe raising concerns regarding corrective rape. The Minister instructed that a meeting be convened in order to attend to the issues raised. The first meeting took place on 14 March 2011 in Cape Town.
We would like to dispel a myth that government is not concerned about the plight of the victims of corrective rape. A proper perspective on this matter would be to appreciate government efforts in the context of the fight against crime. Crime fighting remains one of the five main priorities of this government and for that reason government remains resolute that no effort will be spared in fighting crime, regardless of how it manifests itself, including in the form of corrective rape.
Out of the two consultative meetings certain recommendations came out. All parties recognized the importance of collaborating in order to find lasting solutions to common challenges. We decided to employ a two pronged approach on the basis of which we will be able to attend to what is happening on the ground in the short term and also work on finding long term solutions.
The establishment of the national task team was one of the concrete proposals that came out of these consultations. The task team will have representation of the following national departments: Justice and Constitutional Development, Police, Social Development and the National Prosecuting Authority. In addition, Legal Aid South Africa and the judiciary will have representation. The NGO's are in the process of consulting with other stakeholders and will soon make available names to government of those representatives who will represent all NGO's nationally. The NGO's will also have a representation of six members.
The national task team will develop terms of reference and will work on areas that include making contribution towards the development of policy. In addition, its brief will include carrying out a legislative audit aimed at examining the adequacy or otherwise of existing legislation. As the mandate of the task team goes beyond focusing on corrective rape and includes attending to issues that affect the LGBTI community, the team will work with the Human Rights Commission and the South African Law Reform Commission who will have two additional members as part of the task team.
The approach in the short term focuses on enhancing public awareness campaigns, sensitization programs and training for staff (court officials, including prosecutors and the police) amongst other things.
A draft intervention plan has been developed and the details thereof will be shared once consultation has been concluded and the plan has been finalized.
The agreement reached yesterday on the establishment of the national task team and how it must be constituted as a vehicle that will drive the process towards finding lasting solutions marks a significant progress in taking the process forward. Secondly, we have established the regional nodal points so that those areas affected the most, can make contact with senior departmental representatives in the regions in order to provide for necessary assistance and monitoring of any cases that may have been reported in our courts.
The first national task team meeting will take place on 15 June 2011 in Cape Town.
<fn>GOV-ZA.20110510DmAthloneCourtEn.2012-02-10.en.txt</fn>
The Deputy Minister of Justice and Constitutional Development, the Honourable Andries Nel, MP, invites the media to join him in the inspection and celebration of the newly refurbished Athlone Magistrates Court. The Department will share information with the media reflecting on the positive impact the recently completed R13 million improved infrastructure has had on service delivery. In addition, the Department will reflect on the effectiveness of a number of campaigns and interventions that were introduced in order to enhance access to justice services in the area.
The tour of the court will include paying respect to two Athlone anti-apartheid activists, Robert Waterwitch and Coline Williams, who were killed at the Athlone Magistrate court on 23 July 1989 while protesting against the exclusion of black people from participating in the tricameral elections at time.
After the celebration, the Deputy Minister will proceed to a community Imbizo at Malibu Village in Bluedowns where residents will have an opportunity to interact with government on maintenance related issues. This is part of the department's drive to improve the functioning of the maintenance system.
<fn>GOV-ZA.20110512AthloneCourtEn.2012-02-10.en.txt</fn>
Today the Deputy Minister of Justice and Constitutional Development, Mr. Andries Nel will conduct an inspection tour of the newly upgraded facilities at the Athlone Magistrate's court. He will thereafter attend the maintenance Imbizo (Operation Isondlo) which will be held at New Life Community Church in Malibu Village, Bluedowns. This is done in an effort to take stock of the impact of the campaigns and interventions that have been introduced by government in enhancing access to justice for all.
The Department of Justice and Constitutional Development took a decision in 2008/9 financial year to upgrade the infrastructure of its facilities in a number of areas and sites identified across the country. For this particular project, funds in the amount of R13 million were set aside for repairs and renovations of the Athlone Magistrate's court. An investment of this nature is significant in a number of ways. Government recognizes the importance of providing services to the public at facilities that must uphold certain minimum standards from a safety and security point of view, as well as the need to ensure that our facilities are accessible to everyone in all practical ways. In addition, improvements to these facilities will enhance the efficiency with which we must dispense services. This will go a long way in bolstering public confidence in the administration of justice.
The Deputy Minister will also pay his respects by laying a wreath at the statues of Robert Waterwitch and Coline Williams. The two anti-apartheid activists were members of Umkhonto we Sizwe who were killed at the Athlone Magistrate's court on 23 July 1989 while protesting against the exclusion of the black people from participating in the tricameral parliamentary elections.
The improved infrastructure now makes provision for wheelchair access with dedicated ramps installed in and around the building to afford disabled people full access to the cash hall, courts and other areas.
At the Imbizo, the Deputy Minister will have an opportunity to interact with the community members directly and get feedback firsthand on how the services have improved. This confirms government commitment to continuous interaction with the communities in a collaborative effort aimed at improving the quality of life of the people.
Maintenance is one such service which the department has identified as critical and which every effort must be made to ensure that it is improved.
Operation Isondlo was a campaign introduced by the then Minister of Justice and Constitutional Development in 2005. The objective of the operation is to improve the functioning of the maintenance system by decreasing case backlogs, enforcing the provisions of the Maintenance Act, building capacity at the courts and educating the public.
In 2006 the Department contracted three service providers to assist with tracing untraced beneficiaries and defaulters. A total of 320 beneficiaries and 92 defaulters were traced through this initiative.
In accordance with the provisions of the Maintenance Act, thirteen (13) maintenance investigators were employed in the department from 2005 and additional three (3) investigators were appointed especially for the Western Cape region this financial year. Their work includes obtaining documentary evidence for the courts. Documents such as salary advice, employment number (persal number in the case of government officials), bank account details and confirmation of physical addresses play a significant role when maintenance disputes have to be resolved by the courts. They also serve court papers on the relevant parties.
In 2010, 281 beneficiaries were traced through roadblocks. During the road blocks scores of defaulters were arrested. This sent out a message to defaulters on the run that through collaborative efforts with our partners in law enforcement, we were fast catching up with them. The effect was that a significant number of other defaulters came forward and owned up to their responsibilities.
<fn>GOV-ZA.20110512mastercoursesEn.2012-02-10.en.txt</fn>
The Masters' Training Programme for 2011/ 2012 has been reviewed and amended in terms of the Department's Strategic Plan, which came into effect early this year.
Note that all training in terms of the existing Masters' Training Programme on DJINI, with the exception of those courses mentioned under (a) below, will be cancelled.
Master (Courses scheduled in terms of the amended programme) will be offered.  The course details are the same as those published on DJINI for course M.1 above.
Free State c)   The following additional courses on Service Excellence for Masters' Office personnel (legal and administrative personnel) and Service Point personnel will be offered.  The course content can be found under the LMAT Training Programmes, item E.3, listed in the Justice College Work Programme for 2011/2012, as published on DJINI.
<fn>GOV-ZA.20110516dmathloneEn.2012-02-10.en.txt</fn>
The upgrading of the Athlone Magistrate's Court will ensure that justice is serviced in a dignified manner. The court was refurbished as part of the department's programme of upgrading infrastructure. R13 million was set aside for this court. The erection of steel palisade fencing, the repair of the entire court roof, the installation of ventilation and air-conditioning systems are some of the many examples improved features in the court infrastructure.
Speaking at the inspection tour and official opening of the court, Deputy Minister Andries Nel said the opening of the court is a celebration of the improvements made at the court. He explained the previous lack of adequate security at the court posed a security risk to both the officials and members of the public. "We are mandated by the Constitution to provide proper court facilities and without these facilities there can be no justice," he said.
The court building is now also accessible to all, especially the physically impaired and aged. "The physically impaired and aged are the most vulnerable groups in our society so this upgrade will ensure that they too receive justice," Deputy Minister Nel said. Ramps have been installed in and around the building to afford everyone full access to the cash-hall, courts and other areas.
Urging the public to use the court the, Deputy Minister Nel said "It is important to note that our department and the Department of Public Works has delivered a court building that belong to the people in surrounding areas. We have to work together, with the public, to ensure that this building is properly utilised and combat crime."
The Deputy Minister then laid wreaths at the statues of Robert Waterwitch and Coline Williams. They were two anti-apartheid activists who were killed at the court in 1989 while protesting against the exclusion of black people in participating in the Tricameral Parliamentary elections.
<fn>GOV-ZA.2011051801En.2012-02-10.en.txt</fn>
Several summits of the G20 leaders have committed to a transparent and competitive process for the appointment of the Managing Director and other senior leaders of the Bretton Woods institutions - the International Monetary Fund (IMF) and the World Bank.
The recent financial crisis which started in developed countries, but whose impact reverberated across the globe, highlighted the need for credible and representative institutions of global governance. The sea change in the global economy, whereby world growth is being driven by emerging markets, further supports this call for more representative institutions of global governance.
The IMF, for example, is responsible for assessing policies, economic outlooks and risks in its 187 member countries as well as globally. Such surveillance is crucial to the smooth functioning of the international monetary system, which regulates how international payments are handled and makes possible the global exchange of goods and services. To play this role effectively, institutions such as the IMF must reform so that they can become credible, and to be credible they must represent the interests and fully reflect the voices of all countries, not just a few industrialised nations.
It is against this background that South Africa calls for a candidate from a developing country to be given the opportunity to be the Managing Director of the IMF. Such a candidate will bring a new perspective that will ensure that the interests of all countries, both developed and developing, are fully reflected in the operations and policies of the IMF. There are several candidates from developing countries who are credible and are eminently suitable to run the IMF.
<fn>GOV-ZA.20110520Gg34303N441ChildactEn.2012-02-10.en.txt</fn>
Notwithstanding the provisions of section 314 of the Children's Act 38 of 2005, any foster care order that was granted prior to 1 April 2010 that has not yet expired, shall, when it becomes due to expire, be dealt with under an administrative process following the procedure previously provided for in terms of the Child Care Act 7 4 of 1983 and the regulations thereto.
The procedure set out in paragraph 1 will continue to be followed until 31 December 2014 or until such time as the Children's Act 38 of 2005 is amended to provide for a more comprehensive legal solution, whichever happens first.
All foster care orders that have expired since 1 April 2010 are deemed not to have expired and are hereby extended for a period of 2 (two) years from the date of the court order (1 0 May 2011).
All foster care orders that expired within a period of not more that 2 (two) years prior to 1 April 2011, are deemed not to have expired and are hereby extended for a period of 2 (two) years from the date of the court order (1 0 may 2011).
The MECs for Social Development shall direct the relevant social workers to identify foster care orders referred to in paragraphs 3 and 4 that should be extended, and must extend them administratively following the procedure that was previously provided for in terms of the Child Care Act 7 4 of 1983 and the regulations thereto.
The administrative extensions referred to in paragraphs 3 and 4 shall be communicated to the South African Social Security Agency as soon as they are effected.
<fn>GOV-ZA.20110520gg34305nr33procspestriEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2011052201En.2012-02-10.en.txt</fn>
Following the resignation of Dominique Strauss-Kahn, who led the IMF at a pivotal period during the global financial crisis, the members of the IMF must act decisively and select a new Managing Director. The task is urgent given the current challenges facing the global economy, including in particular the needs of low income and developing countries who rely on the IMF for support. The global financial crisis demonstrated that the world needs a strong IMF and a strong Managing Director.
In selecting the new Managing Director for the IMF, it is important that we adhere to commitments made by the G20 leaders on the reform of the International Financial Institutions. In particular, in Pittsburgh G20 Leaders agreed that the heads and senior leadership of all international institutions should be appointed through an open, transparent and merit-based process.
Australia and South Africa, as co-chairs of the G20 IMF Reform Working Group, want to underscore the importance of adhering to the commitments agreed to by G20 leaders regarding the selection of the next Managing Director of the IMF.
For too long, the IMF's legitimacy has been undermined by a convention to appoint its senior management on the basis of their nationality. In order to maintain trust, credibility and legitimacy in the eyes of its stakeholders, there must be an open and transparent selection process which results in the most competent person being appointed as Managing Director, regardless of their nationality.
<fn>GOV-ZA.2011052301En.2012-02-10.en.txt</fn>
National Treasury published for public comment a draft financial sector policy document entitled "A safer financial sector to serve South Africa better" on Budget Day this year (23 February 2011).
The document sets out government's vision for the continued development of the financial sector in South Africa, including on the regulation of the sector after the 2008 global financial crisis, and a shift to a twin peaks model. It outlines reform priorities in four policy areas: financial stability, consumer protection & market conduct, access to financial services, and combating financial crime.
Given the complexity of the proposed reforms, the National Treasury will be accepting comments on the document until 30 June 2011. Public comments are invited from all interested stakeholders. The paper can be accessed on the Treasury website through the following link: http://www.treasury.gov.za/public%20comments/default.aspx.
Written comments should be sent to: financial.policy@treasury.gov.za or faxed to 012 315 5206 and should reach National Treasury on or before 30 June 2011.
<fn>GOV-ZA.20110523e084En.2012-02-10.en.txt</fn>
Public Service Commission on the State of the Public Service report for 2009 2. Gauteng Legislature's Fourth Quarterly report for the year ended 31 March 2010 3. Office of the Premier's Fourth Quarterly report for the year ended 31 March 2010 4. Public Service Commission Report on the State of the Public Service Report 2010 5. Public Service Commission Report on the Key Drivers of Citizen Satisfaction with Public Service Delivery: Pilot Report 2009/2010 6.
REPORTS REFERRED TO COMMITTEES (Cont.
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<fn>GOV-ZA.2011052501En.2012-02-10.en.txt</fn>
Published by the National Treasury in terms of Section 32 of the Public Finance Management Act (PFMA), the fourth quarter provincial budget statement of receipts and payments is the first estimate of spending outcomes for the 2010/11 financial year (1 April 2010 to 31 March 2011). The statement is available on the treasury website at www.treasury.gov.za. These figures may be revised as provincial departments finalise (and reconcile) their financial statements by 31 May 2011 for submission to the provincial Auditors-General.
The information in the statement comes from the Section 40(4) PFMA reports submitted by heads of provincial departments to provincial treasuries, who, in turn, submitted the information to the National Treasury. Queries on spending or budget numbers should therefore, in the first instance, be referred to the head of the relevant provincial department, and in the second instance to the head of the relevant provincial treasury. Queries on conditional grants may be referred to the head of the administering national department.
The budgeted figures in the fourth quarter publication take account of revisions effected in the 2010 Adjusted Estimates of Provincial Expenditure, which were presented to the provincial legislatures during November and December 2010. They include R5.3 billion appropriated by national government to provinces (R4.2 billion to the provincial equitable share and R1.1 billion to conditional grants) through the Adjustments Appropriation Act and Division of Revenue Amendment Act. Since the third quarter publication, six provinces tabled a second adjusted estimate, which is now included in the fourth quarter publication.
Over and above the additional transfers, provinces increased their main budgets by R5 billion. The increases consist mainly of unspent conditional grants not surrendered to the National Revenue Fund and other funds surrendered to the respective Provincial Revenue Funds during 2009/10.
In light of the above, in aggregate, provinces increased their main budgets (on the expenditure side) by R10.2 billion, with the bulk of the increases going to education (R3.1 billion), public works, roads and transport (R2.9 billion) and health (R2.3 billion).
In aggregate, provinces have spent R330.9 billion, or 97.3 per cent, of their adjusted budgets of R340.1 billion in 2010/11. This represents a spending increase of 8.6 per cent or R26.1 billion compared to the 2009/10 financial year when provinces had spent R304.8 billion.
The preliminary outcome for education expenditure is R138.4 billion or 98.5 per cent of the R140.5 billion combined education adjusted budgets, an increase of 9.6 per cent or R12.1 billion on the previous financial year. It remains the largest item on provincial budgets (41.3 per cent).
Health expenditure totalled R98.1 billion, or 97.4 per cent, of the R100.
(29.6 per cent). This represents an increase of 10.7 per cent or R9.5 billion on the 2009/10 financial year.
Social development expenditure is R9.9 billion or 93.4 per cent of the R10.6 billion social development adjusted budgets.
Personnel expenditure (compensation of employees) is in aggregate R193.
101.1 per cent of the budgeted R191.7 billion.
In aggregate, provinces have spent R21.3 billion or 84 per cent of their R25.4 billion combined capital (payments for capital assets) adjusted budgets. This is a decline of 3.3 per cent when compared to the 2009/10 financial year.
Provincial education departments have spent R5.4 billion or 86.6 per cent of the budgeted R6.2 billion for capital expenditure. This is R136.7 million or 2.5 per cent less than what was spent in the previous financial year.
Provincial health departments have spent R6.7 billion or 74.1 per cent of the budgeted R9.1 billion for capital expenditure, which is R42 million or 0.6 per cent less than the outcome for 2009/10.
After health, the second biggest share of provincial capital adjusted budgets is for public works, roads and transport departments (31 per cent), which have spent R7.
95.8 per cent of the total capital budget of R7.9 billion.
Provincial own revenue collected is at R10.4 billion or 107.4 per cent of the budgeted own revenue of R9.6 billion. National government has transferred R265.1 billion of the equitable share and R59.8 billion of conditional grants to provinces.
A more detailed analysis of the provincial preliminary outcome for the 2010/11 financial year is set out in Annexure A.
The budgeted figures for provinces are based on the 2010/11 adjusted estimates of provincial revenue and expenditure documents (adjusted budgets) tabled in the provincial legislatures during November and December 2010. The budgeted figures also take account of revisions effected in a second adjusted estimate for six provinces.
Table 1 indicates that in the 2010/11 financial year provinces spent R330.9 billion (preliminary outcome) or 97.3 per cent of the adjusted budgeted expenditure of R340.1 billion. Spending against adjusted budgets is lower in percentage terms compared to the 2009/10 financial year, when it stood at 100.3 per cent. Spending in nominal terms is 8.6 per cent or R26.1 billion higher than last year, when provinces had spent R304.8 billion.
Among provinces, spending is the lowest in KwaZulu-Natal (95.2 per cent of the adjusted budget) and the Northern Cape (95.9 per cent) and highest in Limpopo at 100 per cent and the Western Cape at 98.6 per cent.
Eastern Cape 40 187 790 6 048 665 3 491 104 - 49 727 559 40 110 863 5 745 478 2 278 246 574 48 135 161 96.8% 45 234 852 6.
Free State 16 407 228 3 374 460 2 017 939 939 21 800 566 16 150 677 3 349 633 1 664 163 10 320 21 174 793 97.1% 18 774 099 12.
Northern Cape 7 184 312 1 304 467 1 126 829 - 9 615 608 7 005 530 1 281 837 936 012 1 046 9 224 425 95.9% 8 178 416 12.
North West 16 953 830 3 809 371 1 667 322 21 22 430 544 16 743 599 3 625 083 1 530 939 - 21 899 621 97.6% 20 365 345 7.
Western Cape 25 380 131 6 097 857 2 928 149 5 491 34 411 628 24 875 744 6 170 676 2 865 501 22 098 33 934 019 98.6% 30 106 431 12.
Total 262 028 282 52 319 829 25 360 611 343 554 340 052 276 258 275 529 50 941 528 21 315 518 397 220 330 929 795 97.3% 304 803 725 8.
Provinces have budgeted R251.8 billion for social services, including education, health and social development.
Education 140 525 578 138 362 644 98.5% 41.8% 56.2% 126 292 719 9.
Health 100 660 587 98 065 517 97.4% 29.6% 39.8% 88 592 759 10.
Social Development 10 610 873 9 909 322 93.4% 3.0% 4.0% 9 052 536 9.
Total 251 797 038 246 337 483 97.8% 74.4% 100.0% 223 938 014 10.
The preliminary outcome on social services is recorded at R246.3 billion, or 97.8 per cent of the total provincial social services adjusted budgets for 2010/11.
Education adjusted budgets of R140.5 billion comprise 41.3 per cent of total provincial adjusted budgets. Table 3 indicates that the preliminary outcome for expenditure is R138.4 billion or 98.5 per cent of the total education adjusted budget. This is an increase of 9.6 per cent, or R12.1 billion, on the R126.3 billion spent in 2009/10.
Spending by provinces on education ranges from 97 per cent in Mpumalanga and 97.
102.6 per cent, followed by the North West at 99.4 per cent.
Eastern Cape 23 183 440 22 585 345 97.4% 46.9% 60.2% 21 165 545 6.
Free State 8 731 626 8 532 568 97.7% 40.3% 55.9% 7 846 210 8.
Northern Cape 3 509 409 3 483 904 99.3% 37.8% 53.6% 3 183 574 9.
North West 9 176 639 9 123 171 99.4% 41.7% 58.5% 8 390 526 8.
Western Cape 11 998 212 11 915 401 99.3% 35.1% 46.9% 10 613 313 12.
Total 140 525 578 138 362 644 98.5% 41.8% 56.2% 126 292 719 9.
The preliminary outcome on goods and services (including learner and teacher support materials) in education is recorded at R12 billion, or 80.1 per cent of the budgeted amount of R15 billion.
Eastern Cape 18 332 258 18 860 897 102.9% 60.0% 83.5% 17 112 266 10.
Free State 6 822 986 6 842 096 100.3% 54.7% 80.2% 6 094 271 12.
Northern Cape 2 719 157 2 723 381 100.2% 54.1% 78.2% 2 493 966 9.
North West 6 937 153 7 085 573 102.1% 56.2% 77.7% 6 501 951 9.
Western Cape 9 330 046 9 194 326 98.5% 51.1% 77.2% 8 214 843 11.
Total 108 316 910 109 930 245 101.5% 56.8% 79.5% 99 257 224 10.
The bulk of education expenditure is on personnel (79.5 per cent). The preliminary outcome on education personnel amounts to R109.9 billion, or 101.5 per cent, of the R108.3 billion budgeted for personnel (table 4). Spending by provinces on personnel expenditure in education ranges from 98.
Education capital preliminary outcome is at R5.4 billion, or 86.6 per cent, of the R6.2 billion adjusted budget. This is lower than the spending in the previous financial year by 2.5 per cent.
43.9 per cent and highest in Gauteng at 163 per cent.
Eastern Cape 903 335 396 456 43.9% 17.4% 1.8% 868 024 -54.
Free State 247 872 168 818 68.1% 10.1% 2.0% 437 933 -61.
Northern Cape 76 212 109 159 143.2% 11.7% 3.1% 98 130 11.
North West 310 699 242 812 78.2% 15.9% 2.7% 312 349 -22.
Western Cape 468 264 441 512 94.3% 15.4% 3.7% 230 811 91.
Total 6 239 077 5 403 480 86.6% 25.3% 3.9% 5 540 137 -2.
Health adjusted budgets, totalling R100.7 billion, comprise 29.6 per cent of total provincial adjusted budgets.
Eastern Cape 13 842 348 13 339 392 96.4% 27.7% 35.6% 12 089 071 10.
Free State 6 307 313 6 013 809 95.3% 28.4% 39.4% 5 208 138 15.
Northern Cape 2 655 462 2 537 296 95.6% 27.5% 39.0% 2 205 223 15.
North West 5 704 786 5 716 779 100.2% 26.1% 36.7% 5 195 574 10.
Western Cape 12 408 383 12 281 381 99.0% 36.2% 48.3% 10 371 034 18.
Total 100 660 587 98 065 517 97.4% 29.6% 39.8% 88 592 759 10.
Table 6 indicates that, at R98.1 billion or 97.4 per cent of the total health adjusted budget, health expenditure increased by 10.7 per cent, or R9.5 billion, on the 2009/10 financial year.
The KwaZulu-Natal and Free State provinces spent the lowest share of their health adjusted budgets at 93.4 per cent and 95.3 per cent respectively. The highest shares are recorded by Gauteng at 100.5 per cent and the North West at 100.2 per cent.
Table 7 indicates that health personnel preliminary outcome is R58.
15.7 per cent, on the R50.9 billion spent in 2009/10.
Eastern Cape 8 204 792 8 392 336 102.3% 26.7% 62.9% 7 397 477 13.
Free State 3 693 486 3 776 928 102.3% 30.2% 62.8% 3 144 308 20.
Northern Cape 1 199 991 1 278 087 106.5% 25.4% 50.4% 1 033 773 23.
North West 3 130 487 3 269 395 104.4% 25.9% 57.2% 2 876 640 13.
Western Cape 6 937 042 6 805 161 98.1% 37.9% 55.4% 5 780 151 17.
Total 57 463 344 58 918 912 102.5% 30.4% 60.1% 50 902 585 15.
Non-personnel non-capital items, including medicines, drugs and other current expenditure, is at R32.4 billion, or 94.9 per cent, of the R34.1 billion adjusted budget.
The capital preliminary outcome in the health sector is at R6.7 billion, or 74.1 per cent, a decrease of R42 million or 0.6 per cent on the R6.8 billion spent last year.
Eastern Cape 1 344 587 740 317 55.1% 32.5% 5.5% 926 544 -20.
Free State 629 700 433 250 68.8% 26.0% 7.2% 335 386 29.
Northern Cape 449 123 334 793 74.5% 35.8% 13.2% 380 157 -11.
North West 449 349 473 213 105.3% 30.9% 8.3% 515 734 -8.
Western Cape 979 245 972 820 99.3% 33.9% 7.9% 704 758 38.
Total 9 065 817 6 721 699 74.1% 31.5% 6.9% 6 763 714 -0.
Spending by provinces varied, with the lowest rate of health capital expenditure being in the Eastern Cape at 55.1 per cent, Gauteng at 58.3 per cent, and the highest being the North West and the Western Cape at 105.3 per cent and 99.3 per cent respectively.
Provinces registered a preliminary expenditure outcome of R9.9 billion, or 93.4 per cent, of the total R10.6 billion adjusted budget. This represents an increase of R856.8 million, or 9.5 per cent, on the R9.1 billion spent last year.
There were varying degrees of spending among provinces, the lowest being KwaZulu-Natal at 86.1 per cent and Gauteng at 87.2 per cent while the highest are the North West at 100.4 per cent and the Eastern Cape at 99.9 per cent.
Eastern Cape 1 566 136 1 564 965 99.9% 3.3% 4.2% 1 434 148 9.
Free State 714 837 712 437 99.7% 3.4% 4.7% 665 732 7.
Northern Cape 479 340 478 137 99.7% 5.2% 7.4% 420 016 13.
North West 740 260 743 055 100.4% 3.4% 4.8% 607 622 22.
Western Cape 1 233 817 1 219 405 98.8% 3.6% 4.8% 1 165 389 4.
Total 10 610 873 9 909 322 93.4% 3.0% 4.0% 9 052 536 9.
The human settlements and local government adjusted budgets, at R21.4 billion, comprise 6.3 per cent of total provincial adjusted budgets.
Spending by human settlements and local government was R20.7 billion, or 96.6 per cent, of the R21.4 billion adjusted budget.
16.9 per cent, on the R17.7 billion spent in 2009/10.
Eastern Cape 2 685 448 2 497 437 93.0% 5.2% 60.2% 2 272 765 9.
Free State 1 548 436 1 533 573 99.0% 7.2% 68.1% 1 294 421 18.
Northern Cape 671 671 671 549 100.0% 7.3% 66.6% 529 000 26.
North West 1 681 607 1 483 187 88.2% 6.8% 70.1% 1 491 313 -0.
Western Cape 2 305 404 2 291 678 99.4% 6.8% 85.2% 1 782 454 28.
Total 21 383 026 20 663 509 96.6% 6.2% 71.8% 17 674 239 16.
88.2 per cent and the Eastern Cape at 93 per cent, while the highest spenders were the Northern Cape at 100 per cent and the Western Cape at 99.4 per cent.
Most of the human settlements and local government expenditure comes from the Human Settlements Development conditional grant. Table 11 indicates that provinces have spent R14.8 billion, or 97.3 per cent, of the R15.2 billion Human Settlements Development grant adjusted budget. These spending figures are R2.
21.2 per cent higher than the outcome for last year.
Eastern Cape 1 637 646 1 503 817 91.8% 3.1% 10.1% 1 313 379 14.
Free State 1 037 691 1 043 715 100.6% 4.9% 7.0% 954 997 9.
Northern Cape 447 260 447 260 100.0% 4.8% 3.0% 325 011 37.
North West 1 188 973 1 040 163 87.5% 4.7% 7.0% 1 099 917 -5.
Western Cape 1 952 721 1 952 721 100.0% 5.8% 13.2% 1 497 437 30.
Total 15 249 438 14 843 399 97.3% 4.5% 100.0% 12 250 166 21.
Personnel expenditure (compensation of employees) for the 2010/11 financial year is at R193.7 billion, or 101.1 per cent, of the R191.7 billion adjusted budget.
The preliminary outcome is R21.5 billion, or 12.5 per cent, higher than the R172.2 billion spent in the 2009/10 financial year.
Spending ranged from 98 per cent and 98.5 per cent in the Western Cape and KwaZulu-Natal respectively, to 105.1 per cent and 102.2 per cent in Gauteng and Limpopo respectively.
Eastern Cape 30 812 551 31 448 035 102.1% 65.3% 16.2% 28 300 931 11.
Free State 12 579 148 12 502 736 99.4% 59.0% 6.5% 10 888 626 14.
Northern Cape 4 998 060 5 038 449 100.8% 54.6% 2.6% 4 447 612 13.
North West 12 338 823 12 605 439 102.2% 57.6% 6.5% 11 331 593 11.
Western Cape 18 344 490 17 976 607 98.0% 53.0% 9.3% 15 769 519 14.
Total 191 653 638 193 673 684 101.1% 58.5% 100.0% 172 177 096 12.
Provinces have spent R21.3 billion or 84 per cent of the R25.4 billion capital adjusted budget (payments for capital assets). This is a decline of 3.3 per cent compared to the 2009/10 financial year.
Table 13 provides capital spending information by province and shows low rates of spending in the Eastern Cape at 65.3 per cent and Gauteng at 72 per cent, and high rates in the Western Cape at 97.9 per cent and Limpopo at 95.1 per cent. However, in absolute terms, KwaZulu-Natal has spent the most, with total spending of R5.7 billion followed by the Western Cape at R2.9 billion and Limpopo at R2.7 billion.
Provincial education departments have spent R5.4 billion, or 86.6 per cent, of their R6.2 billion education capital adjusted budgets. This is R136.7 million, or 2.5 per cent, less than spending in the previous financial year.
Provincial health departments have spent R6.7 billion, or 74.1 per cent, of their R9.1 billion health capital adjusted budgets, which is R42 million or 0.6 per cent less than the 2009/10 financial year.
At 31 per cent, public works, roads and transport departments has the second highest share of provincial capital adjusted budgets (after health). The sector has spent R7.5 billion or 95.8 per cent against its combined capital adjusted budgets of R7.9 billion.
Eastern Cape 3 491 104 2 278 246 65.3% 4.7% 10.7% 3 234 841 -29.
Free State 2 017 939 1 664 163 82.5% 7.9% 7.8% 1 630 580 2.
Northern Cape 1 126 829 936 012 83.1% 10.1% 4.4% 983 103 -4.
North West 1 667 322 1 530 939 91.8% 7.0% 7.2% 1 750 917 -12.
Western Cape 2 928 149 2 865 501 97.9% 8.4% 13.4% 2 507 953 14.
Total 25 360 611 21 315 518 84.0% 6.4% 100.0% 22 044 668 -3.
The total conditional grant adjusted allocation is R64.6 billion (including conditional grant roll-overs from the 2009/10 financial year and other provincial adjustments), with health making up the bulk at R20.4 billion.
Table 14 reflects spending by all provinces on conditional grant adjusted allocations as at 31 March 2011 (preliminary outcome). It includes conditional grant roll-overs from the 2009/10 financial year and other provincial adjustments, but excludes spending on Schedule 4 and Schedule 8 grants. Schedule 4 grants specify allocations to provinces to supplement the funding of programmes or functions funded from provincial budgets. The Expanded Public Works Programme (EPWP) Incentive grant for the infrastructure sector (Schedule 8 grant) specifies incentives to provinces to meet targets for priority government programmes.
Higher Education and Training 3 772 661 31 297 - 3 803 958 3 803 958 1.
Human Settlements 15 160 563 15 000 207 675 15 383 238 15 175 563 14 977 199 97.
Housing Disaster Relief Grant Human Settlements Development Grant 133 800 - - 133 800 133 800 133 800 100.0% 15 026 763 15 000 207 675 15 249 438 15 041 763 14 843 399 97.
National Treasury 11 314 911 - 391 520 11 706 431 8 844 630 1.
Total excluding Schedules 4 and 8 grants 32 477 094 1 088 433 1 083 794 34 649 321 33 039 715 32 068 944 92.
Total excluding Schedules 4,8 grants & Gautrain 32 038 734 1 088 433 1 083 794 34 210 961 32 601 355 31 630 584 92.
Against the total adjusted allocation of R34.6 billion (which excludes Schedules 4 and 8 grants), the preliminary outcome for conditional grants amounts to R32.
92.6 per cent. Excluding the Gautrain Rapid Rail Link grant, the conditional grant outcome amounts to R31.6 billion, or 92.5 per cent, of the total adjusted allocation of R34.2 billion.
Transport Disaster Management (63.
Expanded Public Works Programme for the Social Sector (72.
Hospital Revitalisation (75.
Technical Secondary Schools Recapitalisation (75.
Devolution of Property Rate Funds (81.
HIV and Aids (Life Skills Education) (87.
Community Library Services (87.
Forensic Pathology Services (88.
Table 15 indicates selected conditional grant spending rates as at 31 March 2011.
Percentages represent preliminary outcome against total available.
The table further indicates that four provinces have spent less than 90 per cent on the Forensic Pathology Services grant, and six provinces have spent less than 90 per cent on the Hospital Revitalisation grant.
Provincial revenue includes adjusted equitable share allocations of R265.1 billion, conditional grants of R63 billion and own revenue of R9.6 billion. The total provincial revenue received and collected for 2010/11 is R335.3 billion, or 99.3 per cent, of total adjusted revenue of R337.8 billion.
National government has transferred R265.1 billion or 100 per cent of the equitable share to provinces, and R59.8 billion or 95 per cent in conditional grants to provinces.
Provinces have collected R10.4 billion or 107.4 per cent of the budgeted own revenue of R9.6 billion, which is R679.5 million, or 7 per cent, more than what was collected for the previous financial year.
The collection rate varies from 93.5 per cent in Mpumalanga and 101 per cent in the Eastern Cape, to a high of 128.7 per cent in the Northern Cape and 114.8 per cent in the North West.
Eastern Cape 714 255 721 211 101.0% 1.5% 7.0% 765 529 -5.
Free State 677 480 776 523 114.6% 3.7% 7.5% 638 795 21.
Northern Cape 165 442 212 869 128.7% 2.3% 2.1% 181 843 17.
North West 597 310 685 729 114.8% 3.1% 6.6% 617 268 11.
Western Cape 1 808 556 2 061 501 114.0% 6.0% 19.9% 1 937 415 6.
Total 9 647 372 10 360 028 107.4% 3.1% 100.0% 9 680 571 7.
<fn>GOV-ZA.20110527Gg34338N319JudMatAmndBillEn.2012-02-10.en.txt</fn>
The Minister of Justice and Constitutional Development intends introducing the Judicial Matters Amendment Bill, 2011, in the National Assembly shortly. The explanatory summary of the Bill is hereby published in accordance with Rule 241 (c) of the Rules of the National Assembly.
to provide for matters connected therewith.
A copy of the Bill can be found on the websites of the Department of Justice and Constitutional Development and the Parliamentary Monitoring Group at http://www.justice.gov.za and http://www.pmg.org.
<fn>GOV-ZA.20110530En.2012-02-10.en.txt</fn>
The Department of Environmental Affairs (DEA) of South Africa and KfW Development Bank invite interested and appropriate professional service providers to provide an Expression of Interest (EoI) for the provision of support services to the DEA, South Africa, for project management, administrative and technical support on Non-Motorised Transport (NMT) projects to be executed by selected South African cities.
Within the framework of its National Greening Programme, the DEA has identified NMT projects to be financed under the Framework of South African - German Financial Cooperation through the KfW Development Bank (KfW). The proposed programme is aimed amongst others at developing bicycle routes and associated services and facilities to support NMT, show case integrated transport systems and to reduce carbon emissions. Three municipalities have been identified for potential participation, namely Johannesburg, Polokwane and eThekwini. Three NMT projects will be selected amongst these cities. In the event that the programme proves to be successful, and subject to such further financial, funding and procurement requirements as may be applicable, the scope may be extended to include other projects and/or cities.
The current stage of the programme, and the purpose of this Invitation for Expression of Interest, involves the establishment of a Project Management Unit (PMU) at the DEA which will support the implementation of the programme, provide support from a technical perspective and act as a secretariat to DEA for programme implementation. The PMU shall be responsible for the preparation and implementation of NMT-projects put forward by these municipalities and shall assist the municipalities during implementation. The PMU shall be responsible for monitoring and reporting as well as knowledge management at the national level. The PMU shall be headed, supervised and be accountable to DEA and should consist of a small team of appropriately qualified national and international technical experts in the field of engineering.
To identify independent eligible Professional Services Providers who will be short listed (preselected) to bid for the provision of Professional Services to the DEA, South Africa, for project management, administrative and technical support on NMT works to be executed by three selected South African cities.
This is an international open competitive tender. Appropriately qualified and experienced independent international bidders, preferably in co-operation with local partners, are invited to participate.
KfW in consultation with DEA will pre-qualify Service Providers, with demonstrable technical and financial capabilities, who will be invited to participate in the bidding process for the provision of professional support services, including project management, administrative and technical support on NMT Projects to be executed by selected South African cities in accordance with the DEA NMT Programme. The three NMT projects are foreseen to be in the three South African cities of eThekwini, Johannesburg, and Polokwane.
Company structure and organization/equipment Provide company profile with organigram and physical address, Type of staff, List of equipment and any other relevant information; copies of log books.
Financial Status: Provide records of annual turnover for 2008, 2009 and 2010; provide value of 4 contracts undertaken in the last 5 years; certified audit reports.
Once the submission date of the Invitation for Expression of Interest has passed, KfW in consultation with DEA will evaluate all submitted responses for pre-qualification.
On the basis of the EoI evaluation, qualified consultants will be shortlisted and invited to participate in future tenders for the required services. No more than five companies will be shortlisted.
The procedure to be used in the pre-qualification will be in accordance with the "Guidelines for the Assignment of Consultants in Financial Co-operation with Developing Countries" (KfW Guidelines) - refer to the homepage of KfW Development Bank, www.kfwentwicklungsbank.de. Further information is also available at www.kfw.de. In the event that there is a discrepancy between this notice and the KfW Guidelines, the KfW Guidelines shall have preference.
All documents should be presented in the English language and presented in an orderly manner as per the guidelines below.
Incomplete submissions will not be considered.
V. Tax Clearance Certificate for South African companies.
Two copies of the EoI and any supplementary documentation must be received by The Tender Agent no later than 11:00 am South African time on 04 July 2011 (the Closing Date).
The Tender Agent, Attention: Mr Les Kügel, Kügel Legal Consulting Tel: +27129975093 or +27825532306 E-Mail: lkugel@telkomsa.net or les.kugel@gmail.
Attention: Mr Georg Grüner, E-mail: Georg. Gruener@kfw.
Please indicate "Ref: NMT Greening 2011" on all communications.
It is requested that all communication with The Tender Agent, including questions, be in writing and addressed by e-mail to The Tender Agent, to be submitted before 12:00 noon South African time on Friday, 10 June 2011. The Tender Agent will seek to clarify all procedural questions by 17 June 2011.
Further information, including the necessary forms and undertakings as required under the KfW Guidelines, is obtainable from The Tender Agent up to ten days before the Closing Date.
This EoI does not constitute a solicitation. KfW in consultation with DEA reserves the right to change or cancel this procurement process or any of its requirements at any time during the process.
The evaluation procedure for the prequalification process will follow the latest version of the KfW Guidelines. Only financially capable firms that have submitted the necessary statements satisfying the set conditions will be evaluated.
1.1 Experience in handling similar projects 15 1.2 Experience under various working conditions in developing countries 10 1.3 Experience of region or country, preferably in the same sector 15 2. Suitability of available experts for this specific project 60 2.1 Assessment of available technical knowledge specific to this project 20 2.2 Assessment of the personnel structure in regard to tasks expected 15 2.3 Assessment of the key personnel in permanent employment and 15 always available to monitor the team and provide back-up services from the home office 10 2.4 The form of the application documents: are they complete and related to the project?
After having completed the evaluation of the prequalification documents, a short-list consisting of five highest ranked Consultants or less scoring a minimum of 70 points will be established. Short-listed firms will be invited to submit a technical and financial proposal; firms not pre-qualified will be informed accordingly.
KfW in consultation with DEA is not bound to select any consultant.
The winning bidder will be excluded from tenders related to project implementation at the municipal level to avoid conflicts of interest.
Corporate profile and status: : Registration No. Date of Registration Remark Please attach scanned copy of registration certificate.
In not more than two hundred (200) words, give the Firm's Background with specific reference to its interest and involvement in NMT.
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In addition, all South African companies are to submit Tax Clearance Certificates.
Provide a list of at least 4 projects in the last 5 years relevant to general civil construction works (building construction) and emphasise those with relevant NMT elements.
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Please attach a declaration as contemplated in Annexure 3, Appendix 1 of the KfW Guidelines.
We underscore the importance of a free, fair and competitive procurement process that precludes fraudulent use. In this respect we have neither offered nor granted, directly or indirectly, any inadmissible advantages to any public servants or other persons in connection with our bid, nor will we offer or grant any such incentives or conditions in the present procurement process or, in the event that we are awarded the contract, in the subsequent execution of the contract.
We also underscore the importance of adhering to minimum social standards ("Core Labour Standards") in the implementation of the project. We undertake to comply with the Core Labour Standards ratified by the country of @ (name of country).
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this day of..........
Name of company.
Please attach a declaration of intent regarding co-operation in the event of a joint venture, from all participating companies.
<fn>GOV-ZA.20110531En.2012-02-10.en.txt</fn>
The Indaba will aim to address the challenges that are encountered by the Civil Society sector in effectively coordinating its activities within the NACF. The appreciation of the importance of this Indaba by the other two sectors (Public Service and Business) within NACF is a reflection that South Africa has succeeded in creating an enabling environment where a multi-stakeholder coalition against corruption must exist and co-exist; and this is an achievement that must serve as a benchmark for other countries in the world that are geared-up to root out corruption and all its elements.
o Finding a common position in the fight against corruption by the Civil Society Sector in South Africa; and o Establishing a consolidated position for the Civil Society Sector within the NACF.
<fn>GOV-ZA.20110531GalesheweEn.2012-02-10.en.txt</fn>
The Department of Justice and Constitutional Development's pursuit to bring services closer to the people today gained momentum when Minister Jeff Radebe officially opened the Galeshewe Magistrate Court.  The Department has set as one of its priority the construction and upgrade of court infrastructure in areas that were previously marginalised and under serviced.
In his speech, Minister Radebe described the building of this court as government's effort to reverse the apartheid legacy where government and other services were deliberately skewed in terms of racial profiling. "In building this court closer to the people, our single aim was to ensure that we bring all the services that this court is meant to offer closer to the people. In doing so, we have fulfilled our guiding policy principle, which is to ensure access to justice to all our people irrespective of race, gender, social status or geographical location" he said.
The department invested R58 Million in the construction of this fully fledged court, which consists of 8 courtrooms, of which 1 is dedicated for sexual offences, 3 are district criminal courts and 4 are family courtrooms. A dedicated ramp and lift at the entrance of the building have also been put in place to ensure easy access especially for the people with disabilities. The court building also has facilities which are made especially to ensure the protection of the vulnerable and victims of crime. These facilities include a one-way mirror and CCTV cameras in the dedicated sexual offences courtroom, a witness room and play area for child witnesses.
The Galeshewe Magistrate Court, which serves a population of over 100 000 residents of Galeshewe township near Kimberley, offers services ranging from Maintenance, Estates, Applications for Divorce, Application for Protection orders, Payment of traffic fines and admission of guilt. The court also deals with Regional criminal matters, Equality and Small Claims cases.
The court, which was built in 2009 and began its operation in 2010, has since dealt with 647 Maintenance cases and 1949 Domestic violence cases. On average, 1800 beneficiaries receive maintenance at this court every month.
The Minister urged members of the community to take care of the facility and report any kind of vandalism for criminal prosecution. He emphasized that the launch of this court was a concrete message to those inclined to breaking the law that they will be apprehended.
At the same event, Minister handed over unclaimed maintenance cheques to some beneficiaries who have been successfully traced as part of the department's Maintenance campaign of tracing beneficiaries and defaulters.
The Minister also warned those who commit crime or have an inclination to do so, that government remains resolute in the fight against crime. That commitment will find expression in many ways, even at the level of putting physical infrastructure such as courts buildings in place. The opening of the court in Galeshewe means more courtrooms will deal with cases more speedily or efficiently, especially the finalisation of criminal cases. On the whole this will address case backlogs.
<fn>GOV-ZA.20110531MinGalesheweEn.2012-02-10.en.txt</fn>
Allow me to express my sincere gratitude to be afforded this opportunity on this very important occasion in the continued programme of our work as the Department of Justice and Constitutional Development to ensure justice is accessible to all our people.  It is also befitting that we have chosen to host this event during the Child Protection week, which affirms the Government's commitment to the up-liftment of all our communities and the promotion and protection of the rights of children as enshrined in the Constitution.
Allow me also to thank the Department of Public Works for its continued support to the Department of Justice and Constitutional Development's programme of bringing courts closer to the communities in our quest to promote access to justice for all.
As the Department of Justice and Constitutional Development, we continue to provide a range of services through the various courts established across the country in terms of Chapter 8 of the Constitution. In providing Court Services to our people, we derive our mandate from section 165 of the Constitution.
promoting communication with stakeholders and communities.
Through our Departmental programme on Court Services, we are also responsible for facilitating the adjudication of criminal, civil and family law related disputes through the provision of accessible, efficient and quality administrative support to the courts and the management of court facilities.
As most will attest, the Northern Cape province, with its vast landscape and sparsely populated areas, presents unique challenges to Government in developing basic infrastructure and capacity necessary for rendering effective public services.
We are fully aware that the long distances travelled by communities to access the nearest court at times coupled with the absence of sustainable public transport, have been some of the barriers in attaining access to justice for all our people.  The extreme temperatures associated with the province, winter being the coldest and summer the hottest than any other area in the rest of the country, add to the challenges that frustrate movements of people between their human settlements and centres of service delivery.
As the Department of Public Works would attest, our infrastructure development plan in this province must take into account these realities and must be geared to address the hardships endured by the communities of this province. I am grateful to the Judge President for his continued use of circuit courts of the Northern Cape High Court for judges and for court staff to commute to communities in far flung areas of the province to bring the High Court services to the door steps of our people. The circuit High Court in Springbok (which is 820 km from the seat of the High Court in Kimberly) Calvinia (800 km) and De Aar (350 km), bring hope of justice to communities with no means to travel these long distances.
There are 21 periodical courts of the Magistrate Courts which operate similar to the circuit High Courts.
However, these periodical courts are not as effective as in other smaller provinces as magistrates and prosecutors are forced to travel long distances which contribute to the loss of quality court time. Six of the 15 old Branch Courts which were re-designated as full services courts are in this province. We will continue to rehabilitate the remaining 21 periodical courts and proclaim them as proper full services courts that sit on a continuous basis.
The transformative programmes we have initiated will also benefit the people of this province.  These programmes include the revamp of the criminal and the civil justice system, the rationalisation of the areas of jurisdiction of the Superior and the Lower Courts, to bring them in line with the constitutional dispensation at provincial and local level. These programmes also include expanding the Small Claims Courts which provide speedier resolution of claims of under R12 000. Of the 224 Small Claims Courts established country-wide, 22 are in the Northern Cape Province, of which Kimberly accounts for one. With time, a seat of the Small Claims Court will have to be considered for the Galeshewe community. The peculiar circumstances prevailing in this province challenges us to consider some ways in which the Small Claims Courts could operate on circuit basis like the circuit High Courts and to accord the poor communities outside Galeshewe and Kimberly the opportunity to benefit equally from this important court dispensation.
As an outcome of the rationalisation of the Lower Courts in this particular area, Galeshewe will become an additional court that will serve the Sol Plaatjie local municipality, with Kimberley being the main seat of the magistracy.
The population and the size of the Sol Plaatji municipality justify the establishment of two seats. According to the 2007 community survey, this municipality has a population of close to 250 000.  This building could not keep up with the rapid expansion of the establishment of the office and the increase in the volume of work. The increase in the volume of work at the Kimberly Magistrates Court necessitated the construction of this court to ease the congestion in the court rolls.
The construction of courts in traditional Black areas such as this one as well as in rural villages is part of ensuring that we redress the apartheid legacy of spatial development, where access to government and other services was deliberately skewed in terms of deliberate racial profiling.
In short, in building this court closer to the people, our single aim was to ensure that we bring all the services that this court is meant to offer closer to the people. In doing so, we are fulfilling our guiding policy principle, which is to ensure access to justice to all our people irrespective of race, gender, social status or geographical location. It is in this way that we can truly say we are on course towards eradicating discrimination in all its manifestations. It is also in this way that we can truly say we are giving meaning to the spirit and letter of our esteemed constitution which remains the bedrock of our democracy as characterised by the various social, economic and political activities that our people are continuously seized with.
This court that we are all here to witness its official opening was built by the Department of Public Works in 2009 and started to render full court services in 2010.
As a Department, we invested R58 million towards the construction of this facility. The newly built court offers services that amongst others include maintenance applications and payments, new estates registrations, new applications for divorces, applications for protection orders, boast of a Cash Hall Services for the payment of traffic and admission of guilt fines, as well as attends to equality and small claims court cases.
Due to the dire accommodation need at the Magistrate's Office in Kimberley, it was decided that a court be constructed at Galeshewe, which is part of the same Sol Plaartji local government. The construction of the court started on 26 September 2007 and was completed on 30 November 2009. The reason behind the construction of this court was partly due to the fact that the structural design of public offices buildings makes expansion virtually impossible, coupled with the fact that the high percentage of all the cases that are heard in the Kimberley Magistrate's Court after-all emanates from Galeshewe. This is why we decided as government to build this court, which is about 2.5 Kilometers from the Community Court and 8 Kilometers from the Kimberley Court.
Ladies and gentlemen, as we launch this court, we are making a clarion call that we will not tolerate injustice, particularly crime amongst our people. Those who live by the proceeds of crime and those who violate the rights, dignity and property of other people as well as pulic or any other property, will be prosecuted and accordingly penalised through appropriate sentences. Launching this court is a concrete message to those inclined to breaking the law that we are fully committed to apprehending all those who break the law.
It is a message that says we will not tolerate murderers, hijackers, house breakers, those who assault others and all those who make the people of Galeshewe to feel unsafe.
In line with our aims to ensure that vulnerable members of the community such as children receive justice, we have installed one-way mirror and CCTV cameras in the dedicated sexual offences court and children's room.
This is to ensure that children and other vulnerable members of the community partake in ensuring the ends of justice without being intimidated against such rightful participation.
As a Department of Justice and Constitutional Development in particular and as government in general; and as I am confident that everyone gathered here would attest, it is important that we value public facilities such as these courts. These courts are built through the hard earned tax paid by all of us as South Africans. It is for this reason that all of us as South Africans must take care of these facilities and report any vandalism or theft to the police for appropriate criminal prosecution. It is for this reason that we condemn in the strongest words possible the tendency by some who think that in order to validate their protest actions, they must burn public and other property that lays in their protest path. Recently, we have been astonished by the burning of libraries and other public amenities. It is ironic that a group of people protesting for service delivery can actually destroy whatever delivery that has already been rendered as such action takes back the local municipality and government in general in the effort to deliver on a number of other services to our people.
In order to safeguard these very import assets to the people of Galeshewe, we have taken the first step to secure these premises by installing state-of-the-art security systems. Again these, like all other systems that we install to improve on service delivery to our people, can only work effectively when we the users as the community of Galeshewe ensure that they remain protected.
I am confident that this court will contribute to cutting the travel costs and time to town and also increase tremendously access to justice by our people. Already the court has dealt with over 647 maintenance cases and 1949 domestic violence cases, amongst others. The court also continues to dispense maintenance to over 1800 beneficiaries on a monthly basis. We hope that with the high level of crimes reported in the past in this area, this court will make major impact in helping combat this very detestable social scourge from amongst our people.
The extension of civil jurisdiction to the Regional Courts has brought immense relieve to the community of this province, in particular. The abolishment of the racially-based Divorce Court and the conferment of civil and divorce jurisdiction to the Regional Courts through the Jurisdiction of Regional Court Amendment Act of 2008 which came in to operation on 9 August 2010 remains watershed moment in the transformation of our justice system. The reforms brought by this Act have restored the dignity and self-worth of the community of this province who, in addition to their long stretched provincial landscape, were forced to commute further to King Williams Town in the Eastern Cape.
As some would know, the King Williams Town was established in 1929 as the seat of the Divorce Court, initially for the Africans leaving in the Northern Cape for the purpose of instituting divorce actions and resolving other forms of family disputes.  I am aware that the Regional Courts country-wide are grappling with the implementation of these new changes and continue to encounter capacity challenges. The Department will continue to provide these courts with administrative support to realise the objective of the new legislative reforms.
Our presence here today is part of our resolve that the principles of justice must reign supreme in every corner of our beautiful land. We could never hold our heads high and claim we have ensured access to justice to all when people such as those of Galeshewe have no such access. It is a programme that we are committed to and for which we will steadfastly prioritise so that the law is seen to reign supreme everywhere in our country.
I am confident that the opening of this court here today will increase job opportunities in line with the Government's efforts to create more jobs for our people. I am sure that there would be a need to increase the administrative and professional staff incrementally to provide efficient service. Similarly there is a need for establishment of law firms and legal aid clinics in the court neighbourhood to provide legal services to the users of these courts. I am also confident that the Legal Aid South Africa will increase capacity of its Kimberly Justice Center of 52 staff members to further extend services to this court.
As we will continue to unveil the plaque that marks this historical moment, let it be a moment that inspires both those who will work in these premises and those who will benefit from its services, to do so mindful of the fact that we must work hand in hand to build better communities ensuring that justice remains the cornerstone of our democracy and development.
With those words, allow me to thank you all once again for being here today and I believe that working together, indeed we will continue to do more and more!
<fn>GOV-ZA.201105AnnualPerfPlan201112En.2012-02-10.en.txt</fn>
Accurately reflects the performance targets which the Department of Justice and Constitutional Development will endeavour to achieve given the resources made available in the budget for 2011/12.
1 INTRODUCTION 5 2 SITUATIONAL ANALYSIS 5 3 REVIEW OF MANDATES 5 4 Overview of 2011/2012 budget and MTEF estimates 6 4.1 Expenditure Estimates 6 4.
PART B: PROGRAMME AND SUB-PROGRAMME PLANS 9 5 PROGRAMME 1: ADMINISTRATION 9 5.1 Strategic Objective Annual Targets 9 5.2 Programme Performance Indicators and Targets 10 5.3 Quarterly Targets For 2011/12 13 5.4 Reconciling performance information with the Budget and MTEF 15 6 PROGRAMME 2: COURT SERVICES 18 6.1 Strategic Objective Annual Targets 18 6.2 Programme 2 Performance Indicators and Targets 19 6.3 Quarterly Targets for 2011/12 23 6.4 Reconciling performance information with the Budget and MTEF 25 7 PROGRAMME 3: STATE LEGAL SERVICES 28 7.1 Strategic Objective Annual Targets 28 7.2 Programme 3 Performance Indicators and Targets 29 7.3 Quarterly Targets for 2011/12 34 7.
This Annual Performance Plan, which has been prepared in line with the new National Treasury requirements, elaborates on how the Department of Justice and Constitutional Development's Strategic Plan 2011 - 2016 will be implemented during the MTEF period. It is informed by the priorities identified in the departmental strategic plan as indicated by the Minister in his foreword and gives details on the department's annual targets. This plan is the basis for monitoring progress against the departmental strategic plan where performance against the targets will be reported to our stakeholders on a quarterly and annual basis.
The department acknowledges that the Strategic Plan 2011-16 and the Annual Performance Plan for 2011/12 has to be done differently from the previous years in line with the new government outcomes approach. This has resulted in a complete relook at the manner in which targets have been set and the supporting information required for this purpose. To this end, where possible we have used the previous targets, otherwise there are a number of new targets that fit the required SMART principle. In other instances, baselines are being developed to provide clearer measures and targets.
This document covers the three programmes of the Department of Justice and Constitutional Development and excludes the National Prosecuting Authority (Programme 4), public entities (Programme 5) and the Office of the Chief Justice. The detailed plans are available from the relevant organisations.
For each of the three programmes, the programme budget, annual indicators for strategic objectives for the MTEF period and quarterly indicators for the 2011/12 financial year are shown. In addition, these indicators are discussed in detail under Annexure C. The reader is therefore advised to refer to this annexure (page 43) for details of each indicator.
No updates to the situational analysis presented in the 2011-16 Strategic Plan of the department.
No updates to the mandates presented in the 2011-16 Strategic Plan.
The departmental budget, as shown in the 2011 Estimation of National Expenditure document, is shown below.
Total 8 378 491 9 845 530 11 428 409 12 717 215 12 672 180 13 517 653 15 076 132 15 984 986 4.
The spending focus over the MTEF period will be on reviewing the civil justice system, implementing approved legislation such as the Children's Act (2005), the Child Justice Act (2008) and the Sexual Offences Act (2008), rolling out the Constitutional Development branch, repositioning of the Masters of the high Court, turning around the audit qualification, Third Party Funds accounting reforms, building high courts in Nelspruit and Polokwane, and further modernisation of the systems and procedures in the courts. These focus areas are linked to Strategic Goal 2: Improved effectiveness and efficiency in the delivery of justice services and Goal 1: Increased accountability, effectiveness and efficiency of the Department of Justice and Constitutional Development.
Expenditure increased from R8.4 billion in 2007/08 to R12.7 billion in 2010/11, at an average annual rate of 14.9 per cent, and is expected to grow to R16 billion in 2013/14, at an average annual rate of 7.9 per cent. The increase in both periods is mostly for improving capacity and extending justice services, which are reflected in the increases of R2.7 billion, and R415.8 million in the Court Services and State Legal Services over the seven-year period. These two programmes are linked to Goal 2 Improved effectiveness and efficiency in the delivery of justice services and Goal3: Transformed legal services to protect and advance the interests of Government and citizens and promote constitutional development, respectively.
Compensation of employees grew from R4.3 billion in 2007/08 to R7.3 billion in 2010/11, at an average annual rate of 20 % per cent, mainly as a result of increased salary adjustments and the implementation of the occupation specific dispensation for legally qualified professionals. Expenditure on compensation of employees is expected to grow over the medium term at an average annual rate of only 6.8 per cent to reach R8.9 billion. Over the same period, payments for capital assets are expected to increase from R683.7 million in 2010/11 to R1.2 billion in 2013/14, at an average annual rate of 19.8 per cent, mostly to provide for building of new courts (Goal 2).
The aim of this programme is to manage the department, develop policies and strategies for the efficient administration of justice and provide centralised support services.
This section is broken into three areas, high level strategic objectives with annual high level targets, performance indicators for each of the strategic objectives and quarterly targets.
The table below shows the high level targets for the five strategic objectives under Programme 1.
2008/9 2009/10 2011/12 2012/13 2013/14 1 Increased compliance with prescripts to achieve and sustain an unqualified audit.
2 Improved management of fraud and corruption cases.
3 Improved human resources service delivery 2 services meeting performance standards (filing of vacancies and training) 2 services meeting performance standards (filing of vacancies and training) 2 services meeting performance standards (filing of vacancies and training) All 4 stipulated human resources services performed according to annual targets. All 4 stipulated human resources services performed according to annual targets. All 4 stipulated human resources services performed according to annual targets.
4 Increased optimisation of systems (automated and manual).
5 Increased percentage of outstanding Truth and Reconciliation Commission victims who qualify for reparations per TRC recommendations.
An action plan to implement audit findings has been set up and the department is on track to receive a no audit qualification on 2011/12.
To improve the management of fraud and corruption, the department will work towards finalising 80% of cases within a year to avoid backlogs.
Key human resources service monitored are the vacancy rate, training and improved turnaround times in grievance and misconduct cases.
The department continues to invest on automation of processes using the Integrated Case management System. Implementation and usage of these systems should be monitored.
Finalisation of all individual reparations and regulations is expected within the next two financial years through an intensive search of missing beneficiaries and fast-tracked development of regulations.
The next five tables detail performance indicators and annual targets that have been identified for the five objectives. Page numbers showing quarterly targets and detailed indicator information are shown on the tables.
Objective 1.
2008/9 2009/10 2011/12 2012/13 2013/14 1.1 Percentage completion of activities on the approved Audit Action Plan towards an unqualified audit - - 60% 100% 100% 100% Page 13 Page 43 1.2 Completion of key outputs to address the Third Party Funds qualification - - - 5 1 - Page 13 Page 43 1.3 Percentage of the approved audit plan completed by Internal Audit - - 80% 80% 80% 80% Page 13 Page 44 1.4 Corporate Risk mitigation plans developed by target date - - Top 5 risks identified Nov 2011 Nov 2012 Nov 2013 Page 13 Page 44 1.5 Distribution of CARA funds to beneficiary organisations by target date - - - Feb 2012 Feb 2013 Feb 2014 Page 13 Page 44 1.
1.1 To achieve a no audit qualification, the department has completed an Audit Action Plan, which details the action list, responsible people and deadlines for completion of tasks.
Performance contracts will include a No Audit Qualification as a critical performance area.
1 Incomplete boxes denote new indicators or instances where historical information is not available.
Annual Performance Plan 2011/2012 1.2 The department was qualified in the last few years due to, among others, Third Party Funds. A project plan has been put together to address specific findings in this area.
Legislative review and stakeholder management.
Objective 2.
2008/9 2009/10 2011/12 2012/13 2013/14 2.1 Number of fraud and corruption staff awareness workshops conducted - - 29 30 35 40 Page 13 Page 46 2.2 Percentage finalisation of new forensic investigations (< 1 year) - - 33% 50% 60% 65% Page 13 Page 46 2.3 Percentage finalisation of older forensic investigations (> 1 year) - - 53% 65% 68% 70% Page 13 Page 46 2.
Objective 3.
2008/9 2009/10 2011/12 2012/13 2013/14 3.1 Vacancy Rate 15% 10% 9% 7% 6% 5% Page 14 Page 48 3.2 Percentage of grievance cases finalised - - 36% 50% 60% 70% Page 14 Page 48 3.3 Percentage misconduct cases finalised - - 47% 65% 75% 85% Page 14 Page 48 3.4 Number of people trained in line with departmental objectives 3127 2595 4717 6048 6500 7000 Page 14 Page 49 3.1. The department is committed to improving and monitoring a vacancy rate to a level of 5% over the MTEF period. Of particular interest is the vacancy rate of the Office of the Chief Financial Officer, Risk management, Internal Audit and Strategy and vacancies in these areas will be monitored closely.
Incomplete boxes denote new indicators or instances where historical information is not available.
Training targets based on the objectives of the department have been identified. In particular are training to support the Master's Turnaround, Maintenance Turnaround and the No Audit Qualification objectives. The training targets are shown under Annexure C (Page 58).
There have been 17 modules of the Integrated Case Management System implemented in the last three years. For the MTEF period, 11 systems have been fully budgeted for. There are additional systems under investigation.
2008/9 2009/10 2011/12 2012/13 2013/14 4.1 Number of approved automation systems piloted by target date 3 7 7 5 4 2 Page 14 Page 50 4.2 Percentage of courts with case management systems deployed and supported - - 80% 100% 100% 100% Page 14 Page 50 4.2 For the MTEF period, there will be an increased focus in ensuring that all service points where ICMS modules have been implemented are being used and to increase the number of courts where ICMS is rolled out. This is to ensure that the department takes full advantage of these systems.
2008/9 2009/10 2011/12 2012/13 2013/14 5.1 Number of outstanding living TRC victims given access to the President's Fund in terms of individual reparations. 74 38 6 of 373 250 of 373 373 of 373 Complete Page 14 Page 51 5.2 Number of rightful nextof-kin of outstanding deceased TRC victims given access to the President's Fund in terms of individual reparations. -5 - 0 of 502 250 of 502 502 of 502 Complete Page 14 Page 51 5.
5.1 The identification of TRC victims will be finalised within the next two years due to assistance by relevant state agencies such as the Independent Electoral Commission and the Department of home Affairs.
3 Incomplete boxes denote new indicators or instances where historical information is not available.
4 Incomplete boxes denote new indicators or where historical information is not available.
5 The number of the 502 deceased beneficiaries was made available to the TRC Unit in the 2010/11 financial year, therefore no baseline information available.
Annual Performance Plan 2011/2012 time, finalisation and implementation of all regulations to enable distribution of the President's Fund will be undertaken.
1.2 Completion of key outputs to address the Third Party Funds qualification Monthly 5 1 1 3 5 1.
1.5 Distribution of CARA funds to beneficiary organisations by target date Annual Feb 2012 - - - Feb 2012 1.
Q1 Q2 Q3 Q4 2.1 Number of fraud and corruption staff awareness workshops conducted Monthly 30 5 10 20 30 2.
Q1 Q2 Q3 Q4 3.1 Vacancy Rate Monthly 7% 9% 8.
Q1 Q2 Q3 Q4 5.1 Number of outstanding living TRC victims given access to the President's Fund in terms of individual reparations.
5.2 Number of rightful nextof-kin of outstanding deceased TRC victims given access to the President's Fund in terms of individual reparations.
The programme budget, as detailed in the ENE document, is shown below.
From 2008/09, the current payments relating to the total remuneration package of political office bearers are shown. Before this, only salary and car allowance are included.
Administrative and other subprogramme expenditure may in addition include payments for capital assets as well as transfers and subsidies.
Expenditure in this programme grew at an average annual rate of 7% per cent, from R1.2 billion in 2007/08 to R1.4 billion in 2010/11, and is expected to increase at an average annual rate of 8.7% per cent over the medium term, to reach R1.8 billion. The growth in both periods is mostly in the Office Accommodation subprogramme and can mainly be attributed to additional allocations for increased municipal and accommodation charges.
Between 2007/08 and 2010/11, expenditure on compensation of employees increased from R171.8 million to R318.6 million at an average annual rate of 22.9 per cent as a result of higher than budgeted salary increases, the appointment of interns and the expansion of capacity in the ministry. Over the medium term, spending on compensation of employees is expected to grow to R382.3 million in 2013/14, at an average annual rate of 6.3 per cent, and will mainly provide for improved conditions of service.
Payments for capital assets increased from R13.8 million in 2009/10 to R64.4 million in 2010/11 due to additional payments made to a contractor for physical security work on buildings. Over the medium term, payments for capital assets are projected to decrease from R64.4 million to R53.1 million, due to a winding down of departmental spending on security equipment for courts.
For the 2012/13 Annual Performance Plan, the planning and budget process will be better aligned and will allow for an improved explanation between expenditure trends and performance.
The purpose of this programme is to facilitate the resolution of criminal, civil and family law disputes through providing accessible, efficient and quality administrative support to the courts and manage court facilities.
The table below shows the high level targets for the six strategic objectives under Programme 2.
2008/9 2009/10 2011/12 2012/13 2013/14 6 Improved coordination of the JCPS Cluster towards the delivery of Outcome 3.
7 Improved finalisation of activities in support of outputs of Outcome 3.
The number of courts includes new court buildings, small claims courts launched and branch courts converted to full-service courts.
Annual Performance Plan 2011/2012 6.
The next six tables detail performance indicators and annual targets that have been identified for the five objectives. Page numbers showing quarterly targets and detailed indicator information are shown on the tables.
7.1 In view thereof that the indicator measures output, the impact is measured as the number of backlog cases decreased within a period of time against the target stated. The DOJ&CD contribution will be increasing the court capacity to deal with these cases and monitoring the performance monthly of the additional courts providing such increased court capacity. (In terms of the JCPS Cluster Agreement new targets will be set during 2011 for the Cluster regarding decreasing the number of backlog cases.
Upgrading of skills for frontline staff.
Improved management of customer complaints.
Launch of an improved media and awareness campaign.
2008/9 2009/10 2011/12 2012/13 2013/14 9.1 Number of key activities for the implementation of Criminal Law (Sexual Offences and Related Matters) Amendment Act - - 2 of 4 Activity 3 of 4 completed 4 of 4 - Page 23 Page 55 9.2 Percentage utilisation of the NRSO9 by the courts (Phase 1) - - 11% of courts 70% 80% 100% Page 23 Page 55 9.3 Percentage completion of implementation of NRSO Phase 2 - - 15% 40% 60% 85% Page 23 Page 56 9.4 Number of additional One-Stop Child Justice Centres designated - - 0 2 2 2 Page 23 Page 56 9.5 Percentage completion of the Draft National Policy Framework on Prevention and Combating of Trafficking in Persons - - Bill tabled in Parliament 30% 100% - Page 23 Page 56 9.6 Percentage of family law cases finalised per year (family advocate) - - 55% 33% 33% 33% Page 24 Page 57 9.
9.1 For 2011/12, the major activity denoted is approval of the Draft Inter-departmental Plan on Sexual Offences and Related Matters and implementation of this plan.
9.2 The National Register of Sexual Offences keeps a database of sexual offenders to assist courts in identifying offenders and to request more drastic sentences for repeat offenders. Although Phase 1 (implementation of a register) has already been completed, utilisation by the courts needs to be improved.
9.3 The second phase of the National Register of Sexual Offences involves capturing of historical information and enabling seamless communication of systems between SAPS and the department. Full completion of this project depends on budget availability for IT systems and the quality and completeness of historical information.
8 Incomplete boxes denote new indicators or instances where historical information is not available.
Annual Performance Plan 2011/2012 9.4 The Child Justice Act stipulates that the Minister of Justice and Constitutional Development is responsible for the designation of Child Justice Centres.
9.6 The Children's Act has introduced compulsory mediation, family group conferences and lay fora in the Children's Courts, Parenting Plans and parental responsibilities and rights agreements which the Family Advocate is required to facilitate, register and amend or rescind (new quasi-judicial function). This continues to have an impact on existing resources and on the finalisation of cases. This has resulted in the readjustment of performance expectations.
9.7 During the 2011/12 financial year, six policy and legislative frameworks involving vulnerable groups will be concluded. These include regulations, consultative for a and discussions documents on a wide variety of legislation, including Muslim marriages Bill, Prevention of hate Speech, and custody of Children.
2008/9 2009/10 2011/12 2012/13 2013/14 10.1 Number of new court buildings completed 1 3 3 3 Katlehong Kagiso Tsakane 2 - Page 24 Page 59 10.2 Number of branch courts converted to full-service courts - 15 of the 24 - 19 of the 24 24 of the 24 - Page 24 Page 59 10.3 Percentage  completion of the process of alignment of magisterial district boundaries with local municipal boundaries - - 40% complete: Draft Discussion Document on the Rationalisation of Superior Courts and Alignment of Magisterial Districts completed 60% Approval of the Rationalisation of Superior Courts Blue Print which complements the Superior Courts Bill 90% Approval of the Rationalisation of the Lower Courts' Areas of Jurisdiction Blue Print which complements the Lower Courts Bill 100% Monitor and oversee the implementation of the Superior Courts Blue Print & Lower Courts Blue Print Page 24 Page 59 10.4 Establishment of a Small Claims Court in every Magisterial District - - 26 Total: 224 courts establishments 30 30 30 Page 24 Page 60 10.5 Number of communication activities implemented in line with departmental priorities 6 activities listed 1 activities listed 6 activities listed 11 activities listed 11 activities listed 11 activities listed Page 24 Page 60 10.6 Number of communication activities implemented in line with the communication strategy 19 activities listed 9 activities listed 16 activities listed 13 activities listed 13 activities listed 13 activities listed Page 24 Page 61 10 Incomplete boxes denote new indicators or instances where historical information is not available.
2008/9 2009/10 2011/12 2012/13 2013/14 11.1 Number of priority courts improved through RAMP 33 21 3 4 4 0 Page 24 Page 62 11.2 Number of priority courts to which the integrated security system is rolled out - - 7 50 24 46 Page 24 Page 62 11.3 Number of safety and security incidents - - 136 110 99 85 Page 24 Page 62 11.4 Implementation of the business continuity programme - - 0 1 region 2 regions 2 regions Page 24 Page 63 11.1 Budget constraints have made it difficult to grow the number of sites for implementation.
Implementation of security systems has been delayed by compilation of missing building plans.
Baseline performance on the turnaround times of quasi-judicial services needs to be undertaken to establish norms, standards and identify service improvements. This will not only help the department to improve accessibility of services, but will assist in improving efficiencies and turning the image of the department around.
11 Incomplete boxes denote new indicators or instances where historical information is not available.
10.2 Number of branch courts converted to full-service courts Monthly 19 of the 24 16 of 24 17 of 24 18 of 24 19 of 24 10.
10.4 Establishment of a Small Claims Court in every Magisterial District Monthly 30 5 10 20 30 10.5 Number of communication activities implemented in support of departmental priorities Monthly 11 2 5 8 11 10.
Q1 Q2 Q3 Q4 11.1 Number of priority courts improved through RAMP Monthly 4 1 of 4 2 of 4 3 of 4 4 of 4 11.2 Number of priority courts to which the integrated security system is rolled out Monthly 50 5 25 35 50 11.3 Number of safety and security incidents Monthly 110 30 60 80 110 11.
The budget for Programme 2, as detailed in the Medium Term Expenditure Framework, is shown below.
Between 2007/08 and 2010/11, expenditure grew from R2.7 billion in 2007/08 to R4 billion in 2010/11, at an average annual rate of 14.2 per cent, and is expected to grow to R5.4 billion over the medium term, at an average annual rate of 10.6 per cent. The growth can be attributed to the implementation of a number of projects involving new approved legislation and specialised courts for the 2009 FIFA Confederations Cup and the 2010 FIFA World Cup. Growth over the medium term is mainly due to additional allocations for the construction of new courts, the implementation of legislation concerning vulnerable groups, and improved conditions of service.
Spending in the Lower Courts subprogramme grew from R1.6 billion in 2007/08 to R2.5 billion in 2010/11, at an average annual rate of 14.4 per cent, and is expected to grow to R3.2 billion over the medium term, at an average annual rate of 9.3 per cent. The subprogramme accounts for 60.2 per cent of the programme's budget over the medium term. Its allocations over both the periods are expected to be used to improve service delivery, fill critical vacancies, and integrate the management of cases and people along the justice chain.
Expenditure in the Facilities Management subprogramme grew from R361.1 million in 2007/08 to R631.4 million in 2010/11, at an average annual rate of 20.5 per cent, and is expected to grow to R1.2 billion over the medium term, at an average annual rate of 22.5 per cent. This growth is mainly due to significant additional allocations for building new courts and also explains the increase in expenditure on payments for capital assets over the medium term.
Spending on compensation of employees increased from R1.5 billion in 2007/08 to R2.4 billion in 2010/11 at an average annual rate of 17.7 per cent due to the higher than expected salary increases and implementation costs associated with the occupation specific dispensation for legally qualified professionals. Over the medium term, spending on compensation of employees is expected to increase to R3.1 billion, at an average annual rate of 8.4 per cent.
The aim of this programme is to manage the Department, develop policies and strategies for the efficient administration of justice and provide centralised support services.
The table below shows the high level targets for the six strategic objectives under Programme 3.
Master's service standards refer to turnaround times in deceased estates, insolvencies, liquidation, trusts and Guardian Fund payments.
Annual Performance Plan 2011/2012 16.
State legal service performance standards include counsel briefing policy and legal cost reduction and turnaround times in legislative certification, legal opinions, PAIA implementation and extradition.
The policy and legislative frameworks consists of The Superior Courts Bill, Rationalisation of Lower Courts, Transformation of the Legal Profession and Review of the Civil Justice System under Policy Development Unit and nine legislative instruments under Legislative Development Branch.
The next six tables detail performance indicators and annual targets that have been identified for the five objectives. Page numbers showing quarterly targets and the detailed indicator information is shown on the tables.
2008/9 2009/10 2011/12 2012/13 2013/14 13.1 Implement a project to develop ICMS (IT) modules to enhance service delivery - - ICMS Masters developed 2 of 4 modules completed 3 of 4 modules 4 of 4 modules Page 34 Page 65 13.2 Provision of up to date Insolvency Practitioner information to the public by target date - - - Mar 2012 - - Page 34 Page 65 13.
The turnaround of the Master's offices has been identified as one of the key priorities of the department. The aim of the turnaround project is to rebrand the Master's services to deliver a highly professional service. Key outputs include the development of 4 additional Masters' modules in the MTEF period, availability of key databases on the internet to increase trust in the Master and an intensive training programme (see indicator 3.5).
2008/9 2009/10 2011/12 2012/13 2013/14 14.1 Percentage of large estates (> R 125 000) administered to a stage where heirs and creditors could receive their dues within 12 months - - 100% 90% 93% 96% Page 34 Page 67 14.2 Percentage of small estates (<R 125 000 where creditors and heirs are placed in a position to obtain their dues within 4 months - - 100% 90% 93% 96% Page 34 Page 67 14.
2008/9 2009/10 2011/12 2012/13 2013/14 14.3 Percentage of beneficiaries in receipt of services within 40 days (Guardian Fund) - - 95% 90% 93% 96% Page 34 Page 67 14.4 Percentage of liquidation cases finalised within 15 months of registration - - 80% 90% 93% 96% Page 34 Page 68 14.5 Percentage of insolvency cases finalised within 15 months of registration - - 80% 90% 93% 96% Page 34 Page 68 14.6 Turnaround time for finalisation of Trusts - - 90% 90% 93% 96% Page 34 Page 68 15. Promote Constitutional Development and strengthen participatory democracy to ensure respect for fundamental human rights.
2008/9 2009/10 2011/12 2012/13 2013/14 15.1 Percentage implementation of the project for improved access to justice, including restorative justice mechanisms for vulnerable and marginalised groups - - 32% 100% - - Page 35 Page 69 15.
Annual Performance Plan 2011/2012 15. Promote Constitutional Development and strengthen participatory democracy to ensure respect for fundamental human rights.
2008/9 2009/10 2011/12 2012/13 2013/14 15.3 Percentage implementation of the project to enhance participatory democracy through public policy dialogue and strengthening the capacity of communitybased organisations - - 33% 100% - - Page 35 Page 70 15.4 Number of activities towards the improvement in PAJA implementation - - 8 7 4 2 Page 35 Page 71 15.5 Tabling and Implementation of the National Action Plan for strengthening national cohesion by promoting programmes aimed at eliminating all forms of racism, racial discrimination, xenophobia and related intolerance - - Draft National Action Plan (NAP) finalised Tabling of the Finalised NAP at the United Nations Implementation Of the NAP (50% completion) Implementation of the NAP (100% completion) Page 35 Page 72 15.
Indicators 15.1 to 15.3 are linked to the participatory democracy project funded by the European Union over the 2010/11 and 2011/12 financial years. Details of these projects are shown under Annexure C: Indicator Definitions.
2008/9 2009/10 2011/12 2012/13 2013/14 16.1 Increased number of briefs in value to be allocated to PDI's - - 70% 70% 75% 80% Page 35 Page 74 16.2 Reduction of legal costs against the state - - 25% increase 15% decrease 15% decrease 15% decrease Page 35 Page 74 16.
2008/9 2009/10 2011/12 2012/13 2013/14 16.3 Percentage of legal opinions finalised within 15 days of their date of entry - - 60% 70% 75% 80% Page 35 Page 74 16.4 Percentage of preliminary opinions on draft bills for cabinet's consideration completed within 15 days - - - 85% 87% 90% Page 35 Page 75 16.5 Percentage of Bills and other legislative instruments scrutinised or certified within 20 days of receipt - - - 85% 87% 90% Page 35 Page 75 16.6 Percentage of translations finalised within stipulated days - - 100% within 70 days 100% within 65 days 100% within 55 days 100% within 50 days Page 36 Page 75 16.7 Biannual reports on PAIA Compliance by government departments completed within stipulated time frames - - - 1 month after the end of six month period 1 month 1 month Page 36 Page 76 16.8 Level of compliance with PAIA by DOJCD 100% Compliance 100% Compliance 100% Compliance 100% Compliance Page 36 Page 76 16.9 Reduction in turnaround time for preparation and approval of requests for extradition (notification)and mutual legal assistance in criminal matters - - 100% within 1 month 100% within 3 weeks 100% within 2 weeks 100% within 1 week Page 36 Page 76 16.10 Completion of the Litigation Management Blueprint Draft Blueprint completed Final document Implementation stipulated in the Blueprint Implementation stipulated in the Blueprint Page 36 Page 77 16.8 100% compliance refers to finalisation of all PAIA-related cases within 60 days of receipt.
Annual Performance Plan 2011/2012 17.
2008/9 2009/10 2011/12 2012/13 2013/14 17.1 Policy Framework on the transformation of the Judiciary and the Rationalisation of the Superior Courts approved by Cabinet - - Policy Framework completed for internal consultation 20% To obtain Ministerial approval for consultation purposes 40% Approval by Cabinet and draft Bill on Court Administration 100% Framework approved Page 36 Page 78 17.2 The Rationalisation of the Lower Courts' Areas of Jurisdiction Blue Print approved by Cabinet - - 10% Completed: Research and internal consultation 50% To obtain Ministerial 90% Approval by Cabinet and draft Bill on Court Administration 100% Page 36 Page 78 17.3 Policy Framework on the alignment of Traditional Courts with the Constitution - - Review of the approved Policy Framework to consider views emanating from Parliamentary hearings +100% - - Page 36 Page 79 17.4 Policy Framework on the Transformation of the Legal Profession - - 20% Completed: Draft Policy 40% To obtain Ministerial approval 40% Approval by Minister, Cabinet and Parliament 100% Page 36 Page 79 17.5 Percentage on the completion of the Civil Justice Review - Terms of reference for the review of the Civil Justice System approved by Cabinet 20% Audit of the civil justice system commenced in high Courts in North Gauteng high Court for completion in 2011/12. 40% 80% 100% Page 36 Page 80 17.
The target of 14 was intended for rules and regulations. however the figure of 48 now also includes other subordinate legislative instruments such as proclamations and notices. (19 rules and regulations were prepared).
The Master's turnaround project will help rebrand the Master's services to deliver a highly professional service.
Identify and up-skill frontline staff to handle a wide range of enquiries (indicator 3.
15.4 Number of activities towards the improvement in PAJA implementation Monthly 7 1 2 2 2 15.
The spending focus over the MTEF period will be on capacitating the new Constitutional Development subprogramme, implementing the United in Diversity presidential initiative and further improving access to and control over the Guardian's Fund. Expenditure increased from R390.3 million in 2007/08 to R722.1 million in 2010/11, at an average annual rate of 22.8 per cent and is expected to increase to R806.1 million, at an average annual rate of 3.7 per cent over the medium term. The growth between 2007/08 and 2010/11 can be attributed to additional allocations for improved access to Guardian's Fund, including deceased and insolvent estates services, as well as increased capacity in the master's and state attorney offices.
Between 2007/08 and 2010/11, expenditure in the Constitutional Development subprogramme increased from R7.8 million to R65.5 million, at an average annual rate of 103.6 per cent, due to the additional allocations in 2010/11 for the United in Diversity presidential initiative. Spending in the Master of the high Court subprogramme grew from R186.6 million to R317.4 million between 2007/08 and 2010/11, at an average annual rate of 19.4 per cent, mainly due to the appointment of a large number of additional personnel to facilitate access to deceased and insolvent estates services. Over the medium term, growth in this subprogramme is projected to increase to R359.3 million, at an average annual rate of 4.2 per cent.
Expenditure on compensation of employees grew from R296.9 million in 2007/08 to R577.1 million in 2010/11, at an average annual rate of 24.8 per cent. The growth was largely the result of the implementation of the occupation specific dispensation for legally qualified professionals. Spending on compensation of employees is expected to reach R669.2 million over the medium term, at an average annual rate of 5.1 per cent.
Provision has also been made to continue with the Department's accessibility programme for people with disabilities in 2012/13. Construction will commence for new court facilities in Nelspruit high Court, Port Shepstone, Orlando, Mamelodi, Richard's Bay, Plettenberg Bay, Jan Kempdorp, Garies, Bityi, Dimbaza and extensions to existing court facilities at Soshanguve, Port Elizabeth high Court, humansdorp, Calvinia, KwaMbonambi, Mthatha, Whittlesea, Riversdale and Umbumbulu, amongst others.
No conditional grants were issued by the department.
There are 4 entities (shown under 5.5) funded through the Department of Justice's vote account, two of which are Chapter 9 institutions, namely the South African human Rights Commission and the Office of the Public Protector and the other two are public entities reporting to the Minister, namely Legal Aid South Africa and the Special Investigating Unit (Programme 5). These are fully independent and are mandated through legislation and the Constitution. For this reason, they perform their duties independently of the Department of Justice and Constitutional Development and are evaluated by the Parliament of the Republic.
No Private-Public Partnerships are presently funded by the Department.
A transformed and accessible justice system, which promotes and protects social justice, fundamental human rights and freedoms.
We commit to providing transparent, responsive and accountable justice for all.
Goal statement Improved compliance with legal and good practice requirements in respect of governance across all branches and structures of the department towards an unqualified audit.
Goal statement Courts and justice service points supported to improve the finalisation rates, efficiencies and backlogs in respect of all criminal, civil and family matters.
Goal statement The exposure of Government to legal risk is reduced, citizens have access to quality guardian and probate services, the state has access to legal advice and services and constitutional development is promoted.
Goal statement Provision of effective leadership of the Cluster to enable the achievement of the 8 Outputs that will result in the successful delivery of Outcome 3: All people in South Africa are and feel safe.
Objective 1: Increased compliance with prescripts to achieve and sustain an unqualified audit.
Desired performance Progress on the resolution audit finding.
INDICATOR TITLE 1.
Method of calculation Simple count. Activities identified: 1. Project (concept) approval: 30 May 2011 2. human capacitating: 31 October 2011 3. Accounting -Baseline Financial Reporting: 31 October 2011 4. Business Process re-engineering: 31 January 2012 5. Systems upgrade and enhancement: 31 March 2012 6.
Indicator title 1.
Purpose/Importance To assist the department to identify areas of weakness and identify corrective action. This will help the department to achieve better audit outcomes.
Source / Collection of data Audit Plan approved by the Director-General; Audit reports approved by the Director-General.
Source / Collection of data Cabinet Memorandum recommending distribution of funds; Confirmation Letter from the Minister showing approval of the distribution; and Memorandum to National Treasury requesting movement of funds.
Objective 2. Improved management of fraud and corruption cases.
INDICATOR TITLE 2.
Purpose/Importance To reduce incidents of fraud and corruption by finalising forensic investigations timeously.
Purpose/Importance To improve management of fraud and corruption by finalising forensic investigations timeously.
Desired performance Sixty acknowledgement letters sent out per quarter.
INDICATOR TITLE 3.
Objective 4. Increased optimisation of systems (automated and manual).
INDICATOR TITLE 4.
Purpose/Importance Modernization of justice systems will enable the department to decrease the cost of service, improve service efficiency, reporting and the monitoring of services.
Method of calculation Indicator is calculated by counting the number of approved systems which are developed, tested and signed off for deployment. Systems are to be developed in accordance with the systems development life cycle. Milestones to be achieved as per the project plan are as follows: Q1: Project Planning stage, User Requirements Definition stage Q2: System Design stage, System Development stage Q3: Alpha (User Acceptance) Q4: Testing: Beta (Site Piloting) stage, handover to Deployment stage, Project Closure stage 2011/12 systems to be developed: ICMS Criminal (District, Regional, high, Child Justice Courts) - NPA Integration ICMS Civil (Regional Courts) - Phase 1 ICMS Civil (District Courts) - Phase 2 ICMS Civil (high Courts) - Phase 2 ICMS Small Claims (District Courts) - Phase 2 There are other systems planned for the 2012/13 and 2013/14 financial years.
Objective 5. Increased percentage of outstanding Truth and Reconciliation Commission victims who qualify for reparations per TRC recommendations.
Source / Collection of data List of victims; Proof of payment from the President's Fund.
INDICATOR TITLE 5.2 NUMBER OF RIGHTFUL NExT-OF-KIN OF OUTSTANDING DECEASED TRC VICTIMS GIVEN ACCESS TO THE PRESIDENT'S FUND IN TERMS OF INDIVIDUAL REPARATIONS.
INDICATOR TITLE 5.
Objective 6. Improved coordination of the JCPS Cluster towards the delivery of Outcome 3.
Objective 7. Improved finalisation of activities in support of outputs of Outcome 3.
Method of calculation Simple count.
Objective 8.
INDICATOR TITLE 8.
Source / Collection of data 1. Approved concept document on the turnaround strategy; 2.
Method of calculation Progress against the project plan: On track, delayed, no progress.
Objective 9.
INDICATOR TITLE 9.
Purpose/Importance To ensure that the National Register for Sexual Offences is kept up to date to assist with cases of repeat sexual offences.
Source / Collection of data ICMS NRSO monthly reports; Submission of Form 5 orders.
Purpose/Importance To ensure that the National Register for Sexual Offences is updated with historical information.
Method of calculation Activities for finalisation for 2011/12 : historic Information completed: % completion Vetting Process finalised: % completion Issuing of clearance certificates: % completion Add weighted percentages to make up the 40% for 2011/12.
Source / Collection of data Monthly case report from the Principal Family Advocate of each region. Consolidate report from the Chief Family Advocate.
Source / Collection of data Bills and subordinate legislative instruments: Memoranda to the Minister or role players; Cabinet Memoranda; Government Gazette Rules: Emails and memoranda sent to the Rules Board; minutes of meetings. Research Paper: Agendas of the SALRC and covering letters sent to government departments in respect of Statutory Law Revision.
Objective 10.
Source / Collection of data Consultation: Publications; Workshop reports; Minutes.
INDICATOR TITLE 10.
Source / Collection of data Marketing materials; Publications.
Method of calculation A simple count of a number of activities completed by deadline: Quarter 1 (April - June 2011) 1. Evaluation of previous initiatives and internal repositioning of Master's Offices 2. Evaluation of previous initiatives and repositioning and staff engagement Quarter 2 (July - September 2011) 1. Conduct awareness raising campaign for Master's 2. Revive Operation Isondlo campaign highlighting new developments/initiatives 3. Public Participation Programmes Quarter 3 (October - December 2011) 1. Conduct a multi-pronged education campaign - Phase I (Masters') 2. Public Participation Programmes 3. Conduct an education campaign (Maintenance) Quarter 4 (January - March 2012) 1. Continue with a multi-pronged education campaign 2. Public Participation Programmes (how many) 3. Publicise achievements/improvement?
Method of calculation Simple count of completed activities completed by deadline: Quarter 1 (April - June 2011) 1. Children's month focus project (May 2011) 2. Child Protection Week (30 May - 5 June 2011) 3. Youth Month focus (June 2011) Quarter 2 (July - September 2011) 1. Women's Month Focus (August 2011) 2. heritage Month (September 2011) 3. Public Participation Programmes Quarter 3 (October - December 2011) 1. Restorative Justice Week (31 Oct - 4 Nov 2011) 2. Public Service Week (Nov 2011) 3. Public Participation Programmes 4. 16 Days of Activism (25 Nov - 10 Dec 2011) Quarter 4 (January - March 2012) 1. State of the Nation Address (February 2012) 2. human Rights Month (March 2012) 3.
Objective 11.
INDICATOR TITLE 11.
Data Limitations Incidences not reported.
Desired performance Drop in security incidences as a result of increased security infrastructure.
Desired performance Reaching project milestones; The plan depends on co-operation with different stakeholders.
Objective 12.
INDICATOR TITLE 12.
Objective 13.
INDICATOR TITLE 13.
Objective 14.
INDICATOR TITLE 14.
Objective 15. Promote Constitutional Development and strengthen participatory democracy to ensure respect for fundamental human rights.
Purpose/Importance Implement programmes aimed at improving access to justice in South Africa.
Method of calculation year 2 targets Quarterly targets (year 2) Q1 Q2 Q3 Q4 1 . New community advice offices established in townships/rural areas 45 11 11 11 12 2. Service level agreements signed with existing advice offices based organisations in order to improve capacity 50 11 13 13 13 3. New equality courts established nationally 61 15 15 15 16 4. Development of a national programme to promote PEPUDA 100% completion 44 63 81 100 5.
Desired performance 1. To establish 15 new community advice offices (year 1) and 45 (year 2) in townships/rural areas 2. To enter into 20 Service level agreements (year 1) and 50 with existing advice offices / based organisations in order to improve capacity 3. Development of a national programme to promote PEPUDA 4.
Method of calculation year 2 targets Quarterly targets (year 2) Q1 Q2 Q3 Q4 1. New audience reached by constitutional rights awareness programme 2 000 000 500 000 500 000 500 000 500 000 2. Service level agreements signed with community based organisations to implement constitutional rights programmes 120 30 30 30 30 3.
Desired performance 1. One million new audience reached by constitutional rights awareness programme (year 1) and 2 million by year 2 2. Service level agreements signed with community based organisations to implement constitutional rights programmes 60 (year 1) and 120 year 2. 3.
INDICATOR TITLE 15.
Purpose/Importance Activities aimed at enhancing participatory democracy in South Africa.
Method of calculation year 2 targets Quarterly targets (year 2) Q1 Q2 Q3 Q4 1. Number of forums between CSOs and government on human rights issues 9 2 2 2 3 2. Number of CSOs benefiting from capacity building 2400 600 600 600 600 3.
Desired performance 1. Number of forums between CBOs and government on human rights issues 4 in year 1 and 9 in year 2 and the National Forum. 2. Number of CBOs benefit ting from capacity building 1200 year 1 and 2400 year 2 3.
Purpose/Importance To improve compliance with the PAJA, thereby resulting in the performance and delivery of public services in an open transparent and accountable manner.
Source / Collection of data Delivery Agreement (G&A Cluster Output 3.
Desired performance Activities for 2011/12: 1. Implementation of the PAJA Strategy. 2. Facilitate meetings of the Inter-departmental Working Group. 3. Implementation of the practical tool to analyse business processes (workflow analysis tool). 4. Establish pilot institutions in all spheres of government as a target of focus. 5. Launch the PAJA Code of Good Administrative Conduct. 6. Facilitate the mainstreaming of the PAJA into relevant identified initiatives. 7. Facilitate the first meeting of the PAJA Training Project as a multi-stakeholder engagement to build the capacity of the Public Service. Activities for 2012/13: Review of the PAJA Strategy. 1. Facilitate meetings of the Inter-departmental Working Group. 2. Work with Pilot Institutions as a target of focus. Activities for 2013/14: 1. Review of the Pilots and prepare for a roll-out in the Public Service. 2. Facilitate meetings of the Inter-departmental Working Group.
Reporting Person (name and surname) Adv O.
Method of calculation Completion of ten activities during 2011/12: 1. Reconstitute the Inter-Ministerial Committee (IMC) to give an oversight on the NAP. 2. Submit NAP to Cabinet for approval to commence consultations with all the relevant stakeholders including members of the public for purposes of getting inputs to finalise the draft NAP. 3. Conduct bilateral consultations with all the relevant stakeholders on the Draft NAP (National Government Department (local and Provincial); IMC; DGs Social Cluster; Social Cohesion Task Team; Civil Society; Labour; Business; Media; Faith Based Organisations, etc. 4. Coordinate meetings of the National Steering Committee 5. Facilitate the process of adopting the NAP 6. Assist the Department of International Relations and Co-operation (DIRCO) to reconvene the Inter Governmental Committee (IGC) to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerances meetings to elicit inputs on the NAP from Government. 7. Develop the Implementation Strategy for the NAP. 8. Submit the finalised NAP to Cabinet for approval. 9. Table the finalised NAP to the UN. 10. Co-ordinate and facilitate implementation of the NAP.
Method of calculation Completion of the following activities 1. Conduct research on hate speech and hate crimes including a international comparative study (Q1) 2. Finalise the Draft Policy on prevention and combating racism, xenophobia, hate speech and related intolerance (Q2) 3. Conduct consultation workshops on the draft policy document (Q3) 4.
Desired performance 1. Conduct research on hate speech and hate crimes including a international comparative study 2. Finalise the Draft Policy on prevention and combating racism, xenophobia, hate speech and related intolerance 3. Conduct consultation workshops on the draft policy document 4.
Objective 16.
INDICATOR TITLE 16.
Purpose/Importance To increase service levels in legal opinions offered to public entities.
Method of calculation For each opinion requested, calculate the time taken to finalise and classify as either on target (within 15 days) or off target.
Method of calculation For each opinion requested, calculate the time taken to finalise and classify as either on target (within 20 days) or off target.
Method of calculation For each translation requested, calculate the time taken to finalise and classify it as either on- target (within stipulated days) or off-target.
Method of calculation Produce biannual report on the number of departments that are compliant with PAIA.
Reporting Person (name and surname) Ms.
Method of calculation 100% compliance means all PAIA-related cases finalised within 60 days of receipt.
Method of calculation For each case requested, calculate the time taken to finalise and classify as either on target (within 15 days) or off target.
Objective 17.
INDICATOR TITLE 17.
Indicator title 17.
Source / Collection of Bills and subordinate legislative instruments: Memoranda to the Minister or role players; Cabi data net Memoranda; Government Gazette; Parliamentary Papers. Rules: Emails and memoranda sent to the Rules Board; minutes of meetings. Research Paper: Agendas of the SALRC and covering letters sent to government departments in respect of Statutory Law Revision.
Activity Activity Indicator Chief Directorate Target Date Quarterly Targets Q1 Q2 Q3 Q4 Develop legislative framework rationalising the structures and functioning of the Constitutional Court, the Supreme Court of Appeal and the higher Courts Tabling of the Bill in Parliament by target date Legislative Development May 2011 100% ---Develop legislative framework to rationalize the legal profession Tabling of the Bill in Parliament by target date Legislative Development May 2011 100% ---Align legislative framework dealing with arrest with the Constitution Legislation put into operation by target date Legislative Development December 2011 33% 66% 100% Develop legislative framework to rationalize the legal profession Tabling of the Bill in Parliament by target date Legislative Development May 2011 100% ---Develop legislative framework to protect personal information in relation to the public Legislation put into operation by target date Legislative Development March 2012 25% 50% 75% 100% Align legislative framework dealing with arrest with the Constitution Legislation put into operation by target date Legislative Development December 2011 33% 66% 100% Review high Court Rule 31(5) dealing with granting of default judgments by registrars, to ensure judicial oversight in matters involving primary residences of defendants.
Tel: (012) 315 1111 Private Bag X81, Pretoria, 0001 www.justice.gov.
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Senior Telecom Operator 710 7999 Ms.
General Enquiry Office - SNR.
Senior Typists 802 7998 Ms.
ADMIN.
Senior Admin Clerk 726 3303 Ms.
Senior Admin Clerk 508 7759 Ms.
Senior Accounting Clerk 508 7759 Ms.
<fn>GOV-ZA.20110601kzncpwEn.2012-02-10.en.txt</fn>
The KwaZulu-Natal Regional Office celebrated the beginning of Child Protection Week by engaging young people in KwaNdengezi through the Youth Change Your World Campaign on 24 May 2011. The campaign launched in 2009 educated learners about the Sexual Offences Act, Children's Rights and justice services. The Learners were also educated about the dangers of alcohol, drugs and crime.
Regional Head Brigitte Shabalala educated the learners about their rights as enshrined in the Constitution. She also used the opportunity to inform the learners about the Sexual Offences Act. She encouraged learners to report sexual abuse cases to social workers, teachers and police officers. The Regional Head also sensitised the learners about the close relationship sexual abuse has with HIV/AIDS.
KZN regional newspaper representative Zandile Nembe educated the learners about media careers. He said there are many more career opportunities available in the Independent Newspaper company that are not related to journalism, citing marketing as an example.
Welcome Ngobese from the Air Traffic and Navigation Services made a presentation about careers opportunities from his company. He encouraged learners to work harder in improving their science and mathematics results. Officials from the Department of Education thanked the Regional Office for having such a campaign. They said such campaigns give hope to young people in rural areas.
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The National Treasury will conduct the switch auction programme to manage the refinancing risk of the government debt portfolio.
The switch programme for 2011/12 is scheduled to start in June 2011 until November 2011.
The inflation linked bond, R189 maturing on 31 March 2013.
There are 11 scheduled auctions for the calendar year as indicated in the calendar.
The switch auctions will be on a cash neutral basis and an All-In-Price pricing method is applicable.
Bids should be submitted on a yield/price basis.
The auctions will be conducted on a multiple yield / price basis (American style where each bid is allocated to the amount), thus submitted bids should be competitive.
The bids submitted will be applicable to the destination bonds.
The switch auctions will be conducted on the dates indicated on the published calendar.
The announcements will be made seven (7) days before the auction day.
An indicative yield / price of the source bond(s) will be published at 09h30 on the day of the auction on Reuters, Bloomberg and the South African Reserve Bank (SARB) website.
Participation in the switch auctions is voluntary through any of the current Primary Dealers in RSA government bonds. Only Primary Dealers are eligible to submit the bids during these auctions.
Participants should submit their offers to switch a nominal amount of the source bond(s), at the indicative yield /price, into the destination bond(s).
Offers to switch out of the source bond(s) should be for a minimum nominal amount of R10 million.
A facility is available to successful participants to top-up any odd-lots of the destination bonds allotted upward to the nearest R1 million.
The top-up amount will be sold to the participants at their respective allotted yield/price.
This facility will be available until 12h00 on the following business day and the SARB dealing desk (+27 12 313 4952) may be contacted in this regard.
Odd-lots will settle on T+2 basis.
<fn>GOV-ZA.2011060202En.2012-02-10.en.txt</fn>
National Treasury releases for public comment a draft of the 2011 Taxation Laws Amendment Bills that gives effect to most of the 2011 Budget Review tax proposals, as well as to additional urgent measures. The draft legislation and explanatory memorandum can be found on the National Treasury (www.treasury.gov.za) and (www.sars.gov.za) websites.
To support inclusive growth and development, the TLAB provides for further personal income tax relief, the introduction of a third rebate for aged individuals 75 years and over, transfer duty relief, various monetary threshold adjustments including increases in the capital gains exclusion amounts, measures to enhance the learnership and industrial policy incentive programmes, increase in the turnover tax exemption threshold for micro businesses, measures to build on South Africa's role as a regional gateway regime, and includes new anti-avoidance measures. The TLAB does not include the taxation of gambling winnings and contributions to retirement funds. These outstanding matters from the 2011 Budget will be covered by separate legislation in the form of a second set of bills. For technical constitutional reasons, the TLAB continues to be split into two bills - a money bill (section 77 of the Constitution) covering issues relating to rates and base and an ordinary bill covering administration (section 75 of the Constitution).
The draft 2011 Taxation Laws Amendment Bills (TLAB) are published for public comment before formal introduction in Parliament. The Standing Committee of Finance (SCOF) convenes informal hearings on these draft bills and considers public comments received. Subject to confirmation from the SCOF, the date for the briefing is planned for 15 June 2011, and the dates for the public hearings are set for 21 and 22 June 2011. The National Treasury and SARS consider all the comments received, and thereafter submit a response document to the SCOF in August. The draft Bills are then revised and formally introduced in Parliament by the Minister of Finance (expected to be in early September).
Rates and thresholds: The main purpose of the Bills is to give effect to the changes in rates and thresholds so these items can formally go into effect at the start of the tax year or as provided in the 2011 Budget Review. The full list of rates and threshold changes involving the Income Tax and Value-Added Tax Acts are dealt with at the end of this statement (see Rates and Thresholds Annexure B) for easy reference.
Personal income tax relief through adjustments to the personal income tax brackets and rebates amounting to R8.1 billion.
Introduction of a third rebate of R2000 per year for taxpayers' 75 years and older.
Increase in the transfer duty exemption threshold from R500 000 to R600 000 and introduction of a reduced 3 per cent interval from R600 000 to R1 million.
Adjustments to various thresholds, such as the capital gain annual exclusion increasing from R17 500 to R20 000 annually.
Increase in the tax-free interest-income annual threshold from R22 300 to R22 800 for individuals below 65 years and from R32 000 to R33 000 for individuals aged 65 years and older.
Adjustments to the turnover tax exemption threshold for micro businesses from R100 000 to R150 000 per year.
Extension of the learnership tax incentive for a further five years.
Living annuities: The Bills contain a proposal to open up the provision of living annuities (to be relabelled as Retirement Income Drawdown Accounts) in order to promote competition. Under the new regime, collective investment schemes (CIS) companies, banks using their CIS licences and Government will be allowed to offer these products (in addition to the current dispensation for life insurers).
Medical tax credits: The Bills give effect to the 2011 Budget proposal to convert expenditures associated with medical aid contributions converted into tax credits. In addition, a discussion paper on a more comprehensive conversion into credits for all other current medical deductions will be published next week for public comment and consultation.
Long-term insurance: In 2011, changes were made to the taxation of long-term insurance in order to prevent executives from using key person plans as a means of avoiding fringe benefit tax. These changes, however, highlighted the need to revise the whole system as applied to policyholders and beneficiaries. The basic system focuses on payments versus proceeds. Premiums paid with after-tax contributions generate tax-free proceeds on pay-out; premiums paid with pre-tax contributions result in taxable proceeds.
Anti-avoidance measures: The Bills contain a number of anti-avoidance measures including the hiatus of section 45 and ordinary tax treatment of dividends from third-party backed shares (see Suspension of Intra-Group Rollovers - Annexure A). In addition, these Bills treat dividend cessions as ordinary revenue (as well as dividends in respect of long-held shares when matched by offsetting short positions). Like third-party backed shares, dividends in these cases should not be entitled to tax-free treatment because the holder lacks any meaningful economic interest in the underlying shares giving rise to the dividends. As a consequential measure, the imposition of Securities Transfer Tax on the cession of dividends is withdrawn.
Completion of the dividends tax: As stated in the 2011 Budget Review, the proposed Dividends Tax will be made operational as of 1 April 2012 (via Ministerial notice in the Government Gazette). The Bills accordingly make the final adjustments associated with implementation of the new tax. Most notably, foreign dividends will effectively become subject to the same 10 per cent level of tax. The Value Extraction Tax (i.e. the successor to deemed dividend treatment under the Secondary Tax on Companies) will be dropped in favour of a facts and circumstances approach to deemed dividends.
Incentives: Government is revising a number of pre-existing tax incentives: Firstly, the requirements associated with venture capital company incentive will be greatly eased to encourage pooling of investments for junior mining and small business. Secondly, the industrial policy incentive will be enhanced for projects located within industrial development zones. Thirdly, the research and development incentive will now require a pre-approval system to curtail avoidance while providing enhanced certainty for legitimate projects. Lastly, the film allowance for film owners will be converted into an exemption so as to encourage film profit (as opposed to the current emphasis on costs).
Government Islamic bonds: A tax framework will be enacted that will allow for Government to issue Islamic bonds (i.e. Sikuks). The regime will essentially allow for asset-based financing with the yield giving rise to tax that is equivalent to interest. These bonds will serve as the standard for risk-free Islamic financing within South Africa.
Regional gateway initiatives: The Bills largely expand on the Gateway to Africa initiatives initiated in 2010. The Bills remove the potential for double taxation by South African multinationals operating abroad through a variety of legislative measures, such as the use of a revised source system and through the addition of special tax credits in the case of foreign withholding taxes imposed on South African sourced management fees. The Bills also remove a number of practical anomalies associated with the "headquarter company" regime introduced in 2010.
Controlled foreign company (CFC) revisions: The Bills contain substantial revisions to the taxable versus tax-free nature of the activities associated with a CFC. The revised rules eliminate the current transfer pricing penalty but more explicitly require an arm's length analysis when determining whether income is attributable to exempt active business activities. The anti-avoidance rules have also been revised to better target the tainted activities of concern and eliminate the use of discretionary trusts (and other forms of de facto ownership) employed to undermine the CFC regime.
Offshore cell companies: In recent years, it was announced that cell companies would be the target of anti-avoidance legislation. The Bills achieve this result by treating each cell of an offshore cell company as a separate company for purposes of the CFC regime. The net result of this segregated treatment is to ensure that CFC status is measured on a cell-by-cell basis, thereby triggering a greater likelihood of CFC treatment.
Notional input credits in respect of fixed residential property: The proposed rules eliminate the current Transfer Duty limitation when VAT vendors acquire second-hand fixed property from non-VAT vendors. As a result, VAT vendors acquiring properties from non-VAT vendors will be eligible for input credits based on the full purchase price. This change should assist the cash-flow needs of many developers when acquiring residential property.
Temporary relief for developers engaged in short-term rentals of residential fixed property: Under current law, application of residential property for rental purposes triggers an automatic deemed VAT charge. This deemed VAT charge effectively undercuts attempts by developers to obtain short-term cash-flows when difficult market conditions prevent desired sales. The proposed amendment provides relief by deferring this deemed charge for a period lasting up to three years.
Securities Transfer Tax - Broker-member exemption: The broker-member exemption will be temporarily expanded to provide relief for all broker-members acting in their capacity as principal. This amendment will apply from 1 January 2011 until the close of 31 December 2012. The purpose of this temporary adjustment is to review current commercial practices on the JSE. Upon completion of this review, the broker-exemption will be explicitly revised so as to apply solely to situations where the Securities Transfer Tax would otherwise inhibit JSE liquidity.
Transfer Duty - Company rollovers: Companies (and trusts) will now be subject to the same progressive rate of Transfer Duty as natural persons. As part of this change, taxpayers engaged in asset-for-share rollovers (e.g. upon formation of a company) will now additionally obtain relief from Transfer Duty.
The 2011 Budget Review also contains proposals on the retirement contribution base and the tax treatment of contributions to retirement funds which includes proposed thresholds for tax deductions up to 22.5 per cent and limited to R 200 000 per annum. In addition, statements pertaining to the imposition of the 1/3rd lump sum/ 2/3rd annuity split for provident funds are also made. Given the need for further consultation, these issues will first be addressed in discussion documents for public comment, after which legislation will be considered, either in late 2011 or in 2012. These discussion documents will be published in July 2011.
A discussion document will be issued covering the conversion of medical deductions into medical credits (due out next week). These credits are to promote greater equity in the tax system.
Further details on the taxation of gambling winnings will be published for public comment by the end of July 2011. This will focus on the design and administrative aspects of the tax.
The National Treasury and SARS are scheduled to brief the Parliament's Standing Committee on Finance regarding the draft legislation on 15 June 2011 (subject to confirmation by Parliament). Comments should be submitted to the National Treasury via Nomfanelo Mpotulo at Nomfanelo.mpotulo@treasury.gov.za and to SARS via Adele Collins at acollins@sars.gov.za by 4 July 2011.
Comments should also be submitted to the Parliamentary Standing Committee on Finance with informal hearings currently scheduled for the 21st and 22nd of June 2011 (subject to confirmation by Parliament). For further details about the Parliamentary hearings and submission process, contact Allen Wicomb at Parliament at awicomb@parliament.gov.za or by telephone on 021 403 3759. To assist with the processing of comments in regard to all of the above submissions, comments should be given in the order listed as per the explanatory memorandum.
TLAB: Documents for Public Comment (available on www.treasury.gov.
Explanatory Memorandum on the Draft Taxation Laws Amendment Bill, 2011 2. Draft Taxation Laws Amendment Bill 2011 3.
The purpose of this Media Statement is to highlight the immediate hiatus of section 45 rollover relief (as suspended within the Taxation laws Amendment Bills, 2011). This media statement also highlights concerns about related issues, such as form versus substance issues involving the tax classification of debt versus shares, the significant risk to the corporate tax base posed by excessive debt, and the urgent need for an overall review of these and inter-connected matters.
Debt: Commercially, debt represents a claim on a specified stream of cash flows. This claim is payable despite the financial performance of the debtor. In tax terms, debt payments representing interest are typically deductible by the debtor with the same payments being includible as ordinary revenue by the creditor.
Shares: Commercially, shares represent a contingent claim by the owners in respect of company profits as evidenced by dividends declared (and increased share value). In tax terms, the company payor may not deduct dividends. Under current law, dividends generally carry a 10 per cent charge imposed on the company payor by virtue of the Secondary Tax on Companies. With the advent of the new Dividends Tax, the 10 per cent charge is shifted to the shareholder-level.
Depending on the circumstances, a tax preference may exist for taxpayers to attach a label to a debt or share instrument that differs from the underlying substance. As a result, these instruments are often treated as preference shares for tax purposes with the same instruments treated as debt for accounting purposes. Similarly, an instrument can be treated as debt for tax purposes while being treated as shares for accounting purposes. This tax/accounting arbitrage offers many benefits depending on the circumstances.
The main tax benefit of debt versus shares focuses on the deductibility of payments by the payor. Large deductible interest payments can significantly reduce corporate taxes (unlike non-deductible dividends). The deductible nature of interest payments creates a strong incentive for excessive debt. A common trigger for excessive debt is a leverage buyout acquisition with purchasers using debt to acquire a target business (much of which carries a subordinated or junior ranking) based on the target business as security.
As a theoretical matter, deductible interest should be matched by corresponding ordinary income in the hands of the creditor. Hence, debt should act as mere shift in the tax burden. However, in many aggressive schemes, interest income is earned by exempt parties (or ultimately shifted by taxable creditors to exempt parties). This shift is hard to control and represents a significant threat to the tax base.
Excessive debt also creates commercial problems, thereby raising concerns that a tax preference in this direction should not be supported. A company with excessive debt becomes extremely vulnerable to economic conditions, lacking economic reserves during downturns. An economy full of companies with excessive debt can create a "domino effect" of insolvencies that threatens the economy as a whole. Time-and-again history has shown that excessively indebted parties are at the centre of serious economic downturns.
While most taxpayers seeking finance prefer deductible interest in tax terms, some taxpayers seeking finance have no ready tax use for these deductions. These taxpayers may already be in a significant loss position or may be acting as start-up operations that lack significant income at the initial stages. In these circumstances, share-finance offers the benefit of lower charges for the financier (i.e. a 10 per cent or even a zero per cent charge). This lower charge for the financier is then shared with the debtor in the form of lower interest rates.
The seeming freedom of taxpayers to characterise finance instruments as debt or as shares for tax purposes means that taxpayers can choose the best of both worlds depending on the finance deal involved. Moreover, the freedom to lean in favour of one form or another in a single deal can only destabilise the tax base still further.
A prime example of this concern involves "funnel schemes" identified several years ago. In these schemes, an intra-group debt is outsourced to seemingly independent third parties, thereby triggering excessive deductions for the financed party. The funds at issue are then indirectly employed to acquire tax-free preference shares that have the commercial features of debt. The net result is a round-tripping of funds to the detriment of the tax base.
Section 45 intra-group rollover relief was primarily intended to facilitate transfers amongst member companies historically operating together in a single group. When the capital gains tax was being formulated, it was alleged that relief was required to facilitate recurring asset transfers between group companies funded by intra-group loan accounts. The goal of section 45 was to ensure that the tax system did not pose a barrier to intra-group transfers, regardless of whether the transfer occurs in exchange for shares, debt or cash or as a dividend. It should further be noted that intra-group relief is a common feature of most advanced tax systems.
Unfortunately, the history of section 45 has taken a vastly different course. Section 45 has instead become a key acquisition tool. A common use of section 45 involves debt push-down structures. In structures of this nature, section 45 allows for the tax-free movement of target company assets so that these assets can be freely placed in a location where substantial interest deductions can be applied against operating target company income. In essence, section 45 becomes the trigger for connecting excessive debt. Still worse, in the case of funnel schemes, section 45 allows for debt proceeds to be indirectly linked to tax-free preference share dividends. While debt/share concerns exist outside the context of section 45, section 45 greatly facilitates the use of excessive debt schemes.
As stated at the outset, section 45 rollover relief will be wholly suspended for a period of approximately 18 months. During this period, the continued need for this relief will be re-evaluated along with concerns relating to excessive debt. The proposed amendment will apply in respect of any asset disposed of on or after 2 June 2011 but before the close of 31 December 2012.
As a secondary measure, dividends in respect of shares backed by third parties will be treated as ordinary revenue. This ordinary revenue treatment will cover various forms of third-party backing, all of which will apply without regard to any three year or other timing requirements. These anti-avoidance measures are intended to become a permanent feature of the tax landscape with a narrow escape hatch for commercial circumstances that do not pose a potential risk for the tax base.
As illustrated above, section 45 cannot be viewed in isolation. The issues relating to Section 45 are part of a larger set of problems.
The need to allow for interest deductions stemming from leveraged buyouts, regardless of the form of that acquisition.
These rules will become the object of urgent investigation for legislation starting in 2012.
Between R1.0 million and R1.
Exceeds R1.
Refined: 0.5 +[EBIT / (gross sales x 12.
Unrefined: 0.
<fn>GOV-ZA.20110602ChildFaqWebsiteEn.2012-02-10.en.txt</fn>
In commemoration of the Child Protection Week, the Department of Justice and Constitutional Development will affirm its commitment to protect and promote children's rights through the launch of the Frequently Asked Question (FAQ) website in Upington on Friday, 03 June 2011.
The focus of child protection week is to raise awareness on responsibilities of individuals, families and communities to be self-reliant and to preserve the child's family structure. The FAQ will serve as a resource point for the public and will be updated on a frequent basis. It will also include links to the website of the Department of Social Development, as well as the website of the South African Social Security Agency.
The Lukkanyiso Primary School has been identified as one of the schools that will be presented with a laptop and 3G card to enable them to access the FAQ information on the established website.
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Residents of Galeshewe, in Kimberley can now access justice in their local community. This is because the Department of Justice and Constitutional Development, with the support from the Department of Public Works, built a court in the local area. The R58 million fully fledged court was officially opened by Minister Jeff Radebe on 31 May 2011.
The court consists of 8 courtrooms, of which one is dedicated for sexual offences, three are district criminal courts and four are family courtrooms. A dedicated ramp and lift at the entrance of the building have also been put in place to ensure easy access especially for the people with disabilities. The court building also has facilities which are made especially to ensure the protection of the vulnerable and victims of crime. These facilities include a one-way mirror and CCTV cameras in the dedicated sexual offences courtroom, a witness room and play area for child witnesses.
Speaking at the launch Minister Radebe said "We are fully aware that the long distances travelled by communities to access the nearest court at times coupled with the absence of sustainable public transport, have been some of the barriers preventing us from attaining access to justice for all our people." The court will become an additional court that will serve the Sol Plaatjie local municipality, with Kimberley being the main seat of the magistracy.
The construction of courts in traditional Black areas such as this one as well as in rural villages is part of ensuring that we redress the apartheid legacy of spatial development, where access to government and other services was deliberately skewed in terms of deliberate racial profiling. "In short, in building this court closer to the people, our single aim was to ensure that we bring all the services that this court is meant to offer closer to the people. In doing so, we are fulfilling our guiding policy principle, which is to ensure access to justice to all our people irrespective of race, gender, social status or geographical location," the Minister said.
The launch of the court is also a way the department is ensuring that discrimination is eradicated in all its manifestations. "It is also in this way that we can truly say we are giving meaning to the spirit and letter of our esteemed constitution which remains the bedrock of our democracy as characterised by the various social, economic and political activities that our people are continuously seized with," Minister Radebe explained.
The court, which was built in 2009 and began its operation in 2010, has since dealt with 647 maintenance cases and 1949 domestic violence cases. On average, 1800 beneficiaries receive maintenance at this court every month. It serves a population of over 100 000 residents and offers services ranging from Maintenance; Deceased Estates; Divorce, Protection Order applications; regional criminal matters; Equality and Small Claims cases.
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The Minister of Finance today announced the launch of the Jobs Fund, an initiative first declared by President Zuma in his State of the Nation Address in February. The Jobs Fund is another innovative approach that gives effect to government's New Growth Path and the emphasis on making 2011 a year of job creation. It will co-finance projects with the potential to create jobs by supporting the expansion of existing, self-sustaining programmes and in piloting new and innovative approaches to job creation. The Fund will target the creation of 150 000 jobs in three years.
The Jobs Fund is distinct from existing development financing instruments as it provides grants instead of loans. There will be no repayment or financial return sought, although funds that are not spent for the purpose for which they were allocated, or are misappropriated, will be reclaimed by the National Treasury. The Jobs Fund will complement other government and related employment creation funds and provides a concrete opportunity for programmes that have proved their effectiveness to expand their footprint. Applicants may be required to also contribute funds towards financing projects.
The Fund will be administered by the Development Bank of Southern Africa (DBSA) because of its experience in working with communities in more than 200 municipalities on facilitating socio-economic development. The DBSA also has developed specialised technical knowledge and expertise in managing projects on behalf of government departments and international donor agencies.
Proposals are invited from both private and public sector organisations operating in South Africa. Projects with demonstrable potential for self-sustaining job-creation will be funded, and particular emphasis will be placed on opportunities for young people to acquire skills and improve their long-term employment prospects.
Enterprise Development - investments in product development, local procurement, marketing support, equipment upgrading or enterprise franchising.
Infrastructure Investment - local infrastructure investment projects such as light manufacturing enterprise zones, local market and business hub facilities, critical transport and communication links and upgrading of infrastructure services.
Support for Work Seekers - support programmes with a particular focus on unemployed young people such as job search projects, training activities and support for career guidance and placement services.
Institutional Capacity Building - projects aimed at strengthening institutions through which jobs are created or overcoming institutional barriers to job creation.
The Fund recognises the capacity for enterprise and skills development in South Africa, which are undermined by structural distortions, inequality and a fragmented economy. Neither the state nor the market can address these challenges alone.
structured partnerships are needed combining both state capacity and private sector resources.
<fn>GOV-ZA.2011060702En.2012-02-10.en.txt</fn>
Since the middle of last year our economy has grown strongly - driven by buoyant consumer spending, continuing high commodity prices and a recovery in the motor industry. The latest GDP data for the first quarter of this year indicates growth of 4.8 per cent on an annualised basis, with the manufacturing sector leading the recovery despite difficulties associated with the relative strength of the rand.
This is good news: we have moved out of recession, and the South African economy has responded well to the global economic recovery over the past year.
Employment growth is far too slow, however. We face a very serious unemployment challenge, particularly amongst our young people. This is the most important reason why we have adopted a New Growth Path - a set of policy measures and practical reforms that accelerates the creation of job opportunities and achieves an inclusive and durable transformation of our development trajectory.
I have had the privilege over the past few months, during the Local Government Elections, of meeting and speaking with many South Africans of all walks of life about the progress we have made since 1994 and the problems that remain to be addressed. It has been an invigorating and humbling reminder of what we are here for.
I have spoken to hostel dwellers about why their toilets and cooking facilities are not maintained. I have spoken to street traders and young township entrepreneurs about the opportunities and uncertainties they face in making a living outside of the security of paid employment. I have talked to businessmen and women about adapting to the volatility and strength of the rand, and about their frustrations in dealing with bureaucratic procedures that are often too slow.
We have all been reminded during this election process that service delivery is not a political slogan, that even a budget and a long term plan are not enough. Service delivery is the daily practical experience of 50 million South Africans, who either have running water or they don't, who either have electricity for cooking and warmth or they don't, who either have a bus or train service that works or they don't, who live in a house or do not, who may have food for their children or may not, who may have a job or may not.
The local elections have provided a reminder of what we are here for: not just to talk and hear reports, but to serve our people. To ensure that there is action, and that what we do is disciplined, is practical, and is implemented with urgency and determination. No doubt others in this House have had similar experiences.
At the same time, we are mindful of a global economic context that brings both opportunities and considerable risks. Last year saw a broad-based global recovery from the 2009 Recession, fuelled in part by an enormous infusion of financial support by the central banks and governments of the world's major economies. But the recovery is now stalling in the United States, where home prices are still 30 per cent below 2008 levels. In Europe, governments are being swept from office in countries that still face immense debt problems, rising unemployment and highly unpopular austerity measures. In China and other emerging economies, higher food prices and rising inflation are creating difficulties.
There are new forces driving democratic change in the Middle East, and economic and financial trends are contributing to a rebalancing of power, influence and alliances. These are complex times, in which South Africa plays a special role - not by virtue of our power or wealth, but because there are principles of partnership, fair play, democratic participation, regional development and global solidarity that underpin our commitment to a better Africa and a better World.
The National Treasury's strategic plan for the period ahead, based on Government's twelve outcomes, and under the leadership of Director-General Lungisa Fuzile, takes forward our particular responsibilities related to macroeconomic and fiscal management, supporting investment in infrastructure, encouraging job creation and improving financial management and accountability across all three spheres of government. Social security and health financing reforms are key priorities this year.
The strategic plans and budgets of the National Treasury and the "finance family" cover a wide range of activities, Mister Chairperson. The detailed strategic plans have been tabled and we have benefited from constructive and very helpful discussion during hearings conducted by the Select Committee and the Standing Committee on Finance.
I particularly welcome, Mister Chair, the support that has been expressed by so many members of the House on the stance we have taken on the governance of multilateral financial institutions, drawing on the Pittsburgh Communiqué of the G20 leaders. We want to see open, merit-based appointments to the senior management positions of the IMF, the World Bank and other multilateral institutions. I should emphasise though that reform of the governance of global financial institutions needs to go much further than this - it is also about the ways in which consultation and joint decision-making are structured, and it is about rules of access to collective financial resources and how the interests of debtors and creditors are appropriately balanced.
These issues are complex partly because they involve difficult trade-offs between national sovereignty and international cooperation. We are well aware, for example, of the difficulties we face because of the persistent strength and volatility of the rand - but improving the transparency and stability of global currency and capital markets has to be a multilateral project, involving clear guidelines for both "sending" and "receiving" countries.
We have several specific international financial coordination issues to address in our own regional environment, which may lead to legislative and regulatory reforms in the near future. Reform of the Southern African Customs Union has been under discussion for several years. The issue has become more pressing because the sharp deterioration in global trade impacted so severely on the revenue shares of SACU partners. This is an opportunity to take a longer term view on regional cooperation in both trade and financial arrangements, and joint investment in infrastructure across regional borders. There is potential here for changes that will benefit the regional economy as a whole, and contribute to competitiveness of Southern African business and industry in the wider global economy. Our development finance institutions, including the Development Bank of Southern Africa, have a special role to play in constructing the partnerships across national boundaries that are required if we are to make expanded trade and investment a reality.
Accelerated growth and development of our business sector is not only important for the jobs and income it delivers, Mister Chairperson, but it is also a precondition for revenue growth and the expansion and improvement in public services that rely on government revenue.
Preliminary revenue and spending estimates suggest that the consolidated budget deficit for last year was 5 per cent of GDP. This is a pleasing outcome by comparison with the original budget estimate of 6.2 per cent tabled in February last year, which mainly reflects the recovery in revenue associated with an improved economic growth performance. But while government personnel expenditure exceeded the original budget estimate by nearly R20 billion last year, spending on maintenance of infrastructure and capital works fell short of the budget projection by about the same amount. This is not a satisfactory result. As several Cabinet colleagues have emphasised in recent weeks, we face immense backlogs in public infrastructure maintenance. Investment in infrastructure is central to improving household service delivery and overcoming the spatial imbalances of both our urban and rural landscapes. It is vital that we should make better progress in infrastructure maintenance and investment, and we need to take care that this is not crowded out by an unsustainable rise in personnel spending.
The 2011 Budget provides for consolidated personnel expenditure to rise from R314 billion last year to R339 billion this year, which is an increase of just under 8 per cent, including a moderate expansion in public service employment and improvements in conditions of service. Under Minister Baloyi's guidance, negotiations are in progress aimed at a fair and balanced wage settlement this year, taking into account also the salary progression provided for in occupational service dispensations and notch adjustments.
As requested by Parliament last year, the National Treasury has proposed broad proposals for fiscal guidelines aimed at long-term sustainability in our public finances.
As economic growth improves this year and over the period ahead, we aim to lower the budget deficit to between 3 and 4 per cent of GDP, thereby rebuilding fiscal space and allowing for the substantial borrowing requirements of Eskom, Transnet and our municipalities.
The Treasury will develop the fiscal guidelines further this year. Reporting on this framework will strengthen the ability of Parliament and the public to assess the long-term soundness of our fiscal stance.
Ensuring that expenditure is well-managed, and targeted at our social and development priorities, is clearly also a fundamental fiscal policy objective. Once again, in this year's budget process, we will seek to improve the efficiency of public service delivery through savings and targeted cost-effectiveness measures. Now that performance targets and measures associated with Government's outcome priorities have been finalised, these will play an enhanced role in the assessment of spending plans and reprioritisation of resources.
Alongside these performance-related measures, several steps are being taken to tighten up financial management and improve government procurement processes.
Following an extensive consultation process, revised regulations will be promulgated this week to align the preferential procurement system with the Broad-based Black Economic Empowerment Act and its associated Codes of Good Practice. This reform will further encourage the development of small enterprises and takes into account local content objectives associated with Government's Industrial Policy Action Plan. In order to provide time for suppliers to be BEE-rated, a grace period of six months will be allowed and the current regulations will remain applicable until 7 December 2011.
To promote uniformity throughout the public sector procurement system, the revised regulations will also be applicable to schedule 2, 3B and 3D public entities, which are exempt from the current rules.
The revised preferential procurement regulations will assist in curtailing fronting. Further preventative measures to counter supply chain management fraud and corruption, are detailed in a Treasury Instruction issued on 31 May 2011.
prescribed limits on the expansion or variation of contracts.
These measures will also be extended to municipalities and municipal entities. We will continue to work with other government agencies and the private sector to combat corruption vigorously.
I am also pleased to report that the first three modules of the Integrated Financial Management System are being implemented this year, representing the outcome of several years of research and development in the modernisation of our systems. Further modules are scheduled for implementation next year.
Transparent and cost-effective procurement of goods and services is central to the challenge of good governance and improved service delivery. Fighting corrupt tendencies is never easy, but we have invested in the tools required and have established strong partnerships with the surveillance and justice sector agencies which play critical complementary roles in cleaning up public procurement.
Improved tax administration also contributes to sound financial management and good governance. Under Commissioner Magashula's leadership, we can again report on excellent progress in revenue systems development, and several initiatives to take this further over the period ahead.
Mister Chairperson, revenue performance is an instructive barometer of the broader economic trend and the uncertainty we confront. As a result of the recession, tax collections declined from a peak of 27.6% of GDP in 2007/08 to the trough of 24.5% over the past two fiscal years. Despite the year-on-year improvement of 12% in revenue collections, the tax to GDP ratio has yet to recover to the levels before the recession. The tax-to-GDP ratio is expected to remain below 25% for this year, though we expect to see growth of about 10 per cent, including a strong recovery in company tax receipts.
SARS will continue its focus to improve the levels of tax compliance in the country.
Last year a record of more than 4 million individuals submitted their tax returns on time. We must thank the growing number of compliant taxpayers in the country, and I am happy to share with you advance notice that the 2011 Tax Season for individuals will start on 1 July this year.
The 2011 Tax Season for employers closed this past week with another record number of employers filing their annual payroll reconciliation timeously. So far 229 115 employers in the country have filed their reconciliations compared with 195 856 last year. These declarations have been accompanied by over 13 million IRP5 certificates issued to employees.
Again, we would like to thank those employers that have made every effort to submit their payroll data on time. This will now enable SARS to prepare a unique income tax return for most working individuals in the country who will be required to submit a tax return after 1 July 2011.
Employers who have not yet submitted their payroll information to SARS are encouraged to do so as soon as possible in order to avoid penalties.
Good progress has also been made in pursuing non-compliant taxpayers who have outstanding income tax obligations. Following the despatch of over 230 000 penalty notices in January last year, 81 866 individual taxpayers have submitted returns and over 50 000 have paid penalties amounting to R189 million. The new penalty regime, in which penalties range between R250 and R16 000 in proportion to the severity of the transgression, has proved to be effective in encouraging better compliance.
Parliament will have a change from the usual consideration of amendment Bills in the tax arena this year. The Tax Administration Bill will be introduced later this month. The Bill will consolidate generic administrative provisions in different tax Acts, update them in line with modern thinking and SARS's modernisation agenda and serve as a preliminary step to the re-write of the Income Tax Act, 1962.
In the arena of revenue administration we are already able to take advantage of South Africa's inclusion in the so-called BRICS grouping of emerging economies. Building on work of the India, Brazil and South Africa (IBSA) grouping, progress has been made in sharing tax and customs information and bringing greater pressure to bear on nearby offshore financial centres such as Mauritius. The visit last month of the Chinese Vice-Minister responsible for Customs provided an opportunity to engage on the possibility of closer cooperation between SARS and China Customs on issues such as the under-valuation of goods and measures to combat counterfeit and illicit trade.
Members of the House will have noted that the Tax Laws Amendment Bills to give effect to this year's revenue proposals were published last week. These include new anti-avoidance measures, including revision of the section 45 provisions to treat dividend cessions as ordinary revenue, where tax-free treatment is inappropriate because the holder lacks meaningful economic interest in the underlying shares.
Turning to financial sector regulatory issues, Mister Chairperson, I am pleased to report that preliminary comment on the Government's proposals set out in the policy document published at the time of the Budget, titled A Safer Financial Sector to Serve South Africa Better, has been positive and encouraging.
One of our key announcements was the gradual shift to a "twin peaks" model of financial regulation. This approach envisages the separation of prudential regulation of financial institutions and locates it within the South African Reserve Bank; while locating responsibility for market conduct regulation at the Financial Services Board. National Treasury has met with the Reserve Bank and a joint task team has been established with the Financial Services Board to guide the implementation of these reforms.
Since the Budget, the new Consumer Protection Act has also come into effect and care will need to be taken to ensure that there is alignment of objectives and that we minimise duplication. The financial sector must be held to the highest standards of market conduct and consumer protection, and for this reason requires unique legislation and associated support initiatives.
The policy document also emphasises the importance of safeguarding the interests of pensioners through proper regulation of the pension funds industry and strengthening of governance mechanisms. Mindful of the poor investments made by some pension funds, I need to remind trustees of pension funds to focus on their core fiduciary responsibilities in acting at all times in the interest of the members of the pension fund. The philosophy behind Regulation 28 is to create an investment framework that not only safeguards the savings of fund members, but also encourages prudent long-term and sustainable participation of retirement funds in broad-based development of the South African economy.
Although not codified in quite the same regulatory framework, these principles of financial trusteeship also apply to public service delivery and financial management across the national, provincial and local government spheres.
There is still more to be done, but I wish to record my appreciation for the efforts of the provincial Finance MECs and their treasury departments in supporting financial management improvements in provincial departments over the past year. Of the 122 provincial departments, only eleven departments overspent their budgets for the 2010/11 financial year, compared with 31 departments in 2008/09. Active steps have been taken to improve resource allocation efficiencies and there is better alignment between national identified priorities and funding at the provincial level.
However, the slow pace of capital spending as a result of poor planning, weak supply chain management and poor contract management must be dealt with. Further work is in progress, drawing on capacity of the Development Bank of Southern Africa, to dramatically change the pace of delivery of infrastructure.
At the local government level, we have also seen progress in stabilising finances. However, the composition of spending needs further refinement. Capital spending and infrastructure maintenance have slowed significantly while operational spending, including personnel costs, is growing rapidly.
We have noted that Parliament has requested that the provincial and local equitable share allocations should be put under scrutiny over the year ahead. The local government equitable share is designed to assist municipalities in meeting the national government policy imperative of providing free basic services. On average, municipalities receive over R500 per month per poor household to provide for free basic services. Future years will see the share for poorer more rural municipalities growing. This is accompanied by rapid increases in Municipal Infrastructure Grant allocations to poorly resourced municipalities. These arrangements will be re-examined this year, in consultation with all stakeholders, with a view to phasing in reforms from 2012 onwards.
It has to be noted, though, that funding constraints do not appear to be the main difficulty in municipalities. Limited service delivery and infrastructure management capacity is evident in many municipalities, exacerbated by poor political stewardship. National Treasury is therefore reinforcing its capacity building interventions, in cooperation with provincial treasuries and other departments and agencies.
Mister Chairperson, you will recall that President Zuma announced the establishment of a new Jobs Fund in the State-of-the-Nation Address this year, and a total of R9 billion was set aside over the MTEF period for this initiative in the February Budget.
Drawing in part on experience of the Business Trust in supporting innovative enterprise development projects in recent years, the Jobs Fund will operate as a competitive "challenge fund", supported by a technical appraisal and project management team based at the Development Bank of Southern Africa. Mr Frans Baleni, Deputy Chairperson of the DBSA Board, and Mr Brian Whittaker, CEO of the Business Trust, have agreed to serve as the chair and deputy chair of the Fund's Investment Committee. An Advisory Committee will also be appointed, drawing on appropriate expertise in both the public and the private sectors.
Overcoming institutional barriers to job creation.
This is an exciting and bold initiative, in which we will in some respects be treading new ground. The Jobs Fund is founded on the recognition that we don't yet know enough about how to address our unemployment challenge. We therefore need to encourage innovation and learn from the experience of our business sector, non-governmental and civil society organisations, in addition to public sector agencies and development finance institutions. But as Minister Nkwinti advised me last week, we are not looking for men in suits with briefcases here, but for partners with practical ideas and mud on their shoes. I am sure you will join me in wishing the DBSA and the Fund's Investment Committee well in taking this initiative forward, recognising that we want to know, in a year's time, not just how the funds have been allocated, but more importantly what we have learnt about the process and dynamics of job creation.
In taking on this task, Mister Chairperson, the DBSA is building on an increasingly wide-ranging portfolio of investment and service delivery capabilities forged in the cauldron of local and regional infrastructure investment. Under its Chair and CEO, Mr Jabu Moleketi and Mr Paul Baloyi, the Development Bank has consolidated its activities into three broad areas, encompassing its financing, advisory and integrator services to all spheres of government. The DBSA also plays a leading role in identification, origination, implementation and management of municipal infrastructure projects.
The Bank's strategic plan accordingly allocates substantially increased funds over the next five years to public infrastructure investment, both in its lending activities and in the coordination and facilitation of critical projects and programmes.
Improved maintenance of roads and other facilities.
The DBSA will continue to play a key role in financing infrastructure and improving financial management in municipalities, in close cooperation with the Treasury's Intergovernmental Relations Division, the Department of Cooperative Governance and Traditional Affairs and other national and provincial departments. Our approach is to strengthen cooperation between between public sector institutions while also building partnerships with the private sector in financing and constructing social and economic infrastructure.
To support these initiatives, Government has agreed to raise the Bank's callable capital to R20 billion, thereby increasing its lending capacity to around R140 billion.
Turning to the Land Bank, I am sure that Members of the House will already have noted the impressive turnaround that has been achieved in both the financial health of the institution and its effectiveness in supporting transformation in the farming sector. Capital adequacy is now well above the level set as a condition for the government guarantee, and liquidity levels have significantly improved.
The focus for the year in progress is on increasing the development impact of the Bank, working with government to find suitable financing solutions for emerging farmers, growing the loan book while reducing the cost of funding, and establishing a wholesale finance facility for strategic partners to on-lend to qualifying participants.
Mister Chairperson, allow me to add a few words about the Government Employees Pension Fund and the Public Investment Corporation, before concluding.
The GEPF is overseen by a Board on which the government as employer, and members or pensioners, are equally represented. It is the largest fund by membership in the country, and is comfortably the largest single investor in government bonds and the wider South African capital market.
The Government Pensions Administration Agency has been established as a "government component" in terms of the Public Service Act, with responsibility for administering pensions on behalf of GEPF and non-contributory pensions and related benefits on behalf of National Treasury. Thirteen regional offices are now operational and a system modernisation programme will be implemented over the period ahead.
The backlog in benefit payments has been reduced from over 14 000 to 4 741 in the last financial year.
The average days taken to pay following receipt of completed forms has been reduced from 36 days in 2009/10 to 22 days. The GPAA call centre has achieved a 92 per cent satisfaction rating amongst callers, while responding to some 848 000 calls during the course of 2010/11.
The funds of the GEPF are administered by the Public Investment Corporation, under an investment mandate that is jointly agreed between the GEPF Board and the Ministry of Finance. The PIC now plays a leading skills development role in the asset management industry and is a prominent voice in improving corporate governance and promoting developmental and socially responsible investment policies.
This year the PIC will commence an annual programme to measure the impact of its investments, focusing on job creation and other national priorities.
This commitment, Mister Chairperson - to objectively measure the impact of what we do, against goals we have agreed on - is the hallmark of our approach to management and accountability in the finance family of institutions. The appropriate measures and indicators are easier to identify in some areas than in others, but the basic principle is the same: we seek to account to Parliament, to taxpayers and to citizens on the basis of results achieved, transparently measured, against targets and outputs identified in our strategic and operational plans.
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The budget vote speech is an important occasion in the calendar of national activities of government departments. It presents an opportunity for us to reflect on progress made on the undertakings made in the past and to map a way forward on future commitments. The Department of Justice and Constitutional Development counts amongst those whose mandate and therefore its existence is expressly provided for in the Constitution. I refer in this regard to Chapter 8 of the Constitution which deals with the courts and the administration of justice. Budget vote can therefore be neither an act of habit nor one whose origins are based merely on custom. For these reasons, it is important that all of us in the Department must rally behind a common purpose of accelerating service delivery in line with the targets we set for ourselves and in accordance with the expectations of those we seek to serve.
I am now going to share with you the Department's road map or the programme of action for the financial year 2011/12. This programme is guided by our commitment to protect the principled values contained in our democratic Constitution. I will reflect on the programs and specific projects we have undertaken and those we will commence with, in order to improve the delivery of justice services and ensure the promotion and protection of human rights for all.
We are aware that in order to successfully implement our programs, we need to ensure effective financial management. In this regard, I have met with the Auditor-General in order to understand the magnitude of the audit compliance challenge and have impressed upon the Director-General and her management the urgency of improving financial management and compliance. To this end, I commit the Department to a no audit qualification by financial year 2012/13.
We have made visible progress regarding the transformation of the judicial system and the legal fraternity, which are at the Apex of our transformation-orientated projects.
Cabinet's decision to approve the revised Legal Practice Bill, following continued engagement with the legal profession on the initial Bill approved by Cabinet in May 2010 is an endorsement of the process we have undertaken. I am also confident that the certification process will be finalized in a matter of days to pave the way for the introduction of this important Bill to Parliament.
I have requested the Rules Board for Courts of Law to develop appropriate rules to facilitate the use of court-connected mediation and court connected arbitration programmes which have proven to be a huge success in foreign jurisdictions. We plan to pilot these programmes in a few selected courts before the end of this year as part of the Civil Justice Reform Programme sanctioned by Cabinet.
With regard to the gender and racial composition of the judiciary, of the total 230 judges in all the Superior Courts, there are only 60 women judges of which 22 are African.
These figures include the recent appointments made by the President after the Judicial Service Commission sitting in April 2011. Overall, there are 94 White and 136 Black judges.
There are 9 on-going capital projects which have been carried forward from the 2010 MTEF, namely, the construction of new courts and the rehabilitation of existing courts, to meet the increased demands for court and office accommodation. Three (3) new courts have been completed, Galeshewe (which has been opened), Colesburg, and Lutzville magistrates' courts which will be opened soon. The expansion of the Supreme Court of Appeal in Bloemfontein has also been completed which will be opened by the President in September this year. New courts which are under construction are the Katlehong and Ntuzuma magistrates' courts and the Polokwane High Court. A further 6 projects have been undertaken to expand offices based in Stanger, Thembalethu, Swellendam, Riversdale, Bredasdorp.
Projects in the planning phase include the new High Court in Mpumalanga, Magistrates Courts in Mamelodi, Port Shepstone, Richards Bay, Tshilwavhusiku and Plattenberg Bay. Despite our current budget constraints our ultimate vision is to build courts in all municipalities.
All magistrates' courts have now been designated as Equality Courts as part of ensuring access to justice for all our people. This has resulted in an increase in the number of cases enrolled at these courts from 447 in 2008/9 to 508 in 2009/10.
We are putting more efforts to turn around the Master's offices to improve services relating to the winding up of deceased estates, the administration of insolvent estates and payments from the Guardian's Fund. The turnaround project will focus on working with clients in distress and the speedy finalisation of matters. Interventions that form part of the turnaround strategy include the implementation of drastic measures to stamp out corruption, the implementation of electronic financial transactions, to improve turnaround times, online databases to address the credibility of the administration of insolvent estates; automation of Master's services, the rollout of the ICMS Masters (Integrated Case Management System) to all Masters offices as well as the implementation of an effective  communication strategy on the work of the Master's offices.  The Legal Aid South Africa (LASA) has been approached to assist in this regard.
An effective maintenance recovery and payment system will reduce the dependence of children on social security as more and more parents will be compelled to support their children.  We continue to appoint more maintenance investigators to trace and locate errant parents and hidden assets to provide for their children as part of improving the maintenance system.
Apart from the Constitution Seventeenth Amendment Bill, the Superior Courts Bill and the Legal Practice Bill to which I have referred to in my introduction, there are a number of other Bills which we aim to introduce in Parliament this year.
We are steadfastly working legislation intended to address hate crimes, however way they manifest themselves. These hate crimes include hate speech, xenophobia and related intolerance.
I must also mention the Muslim Marriages Bill which has been subjected to a broad consultation process.  The Bill aims to give statutory recognition to Muslim marriages, the absence of which gives rise to countless instances of hardship, particularly in the case of women and children who find themselves in distressing situations when these marriages fail and are terminated.
The Constitution Seventeenth Amendment Bill and the Superior Courts Bill provide a constitutional framework for the judiciary to take charge of court administration. It affirms the Chief Justice as the head of the judiciary and entrusts the incumbent of this highest office in the judiciary, with the authority to develop norms and standards for all courts. Flowing from the envisaged constitutional amendments, a court administration framework that is commensurate with the model of separation of powers in our Constitution will be developed. I will seek guidance of Cabinet and this House at the appropriate time once we have come up with firm proposals from both our research and those undertaken by the Chief Justice and his office.  In the interim, the President has, by Proclamation, enhanced the status of the Office of the Chief Justice to that of a national department. This has enabled his office to recruit competent professionals who will assist in developing an appropriate model of court administration.
With regards to case backlogs which undermine the right to a fair trial, the Chief Justice has established a co-ordinating committee dealing with case-flow management and in particular, backlogs and the delays in finalizing cases.  This will in future assist in ensuring greater interaction between the Criminal Justice System role players and the judiciary.
In respect of the lower courts, between April 2010 to March 2011, the 56 Regional Backlog Courts disposed of 8 111 cases, of which 5 272 cases were finalised, 2 444 withdrawn and 395 transferred. The District Backlog Courts disposed off 8 915 cases in the same period, of which 5 813 cases were finalised, 2 943 withdrawn and 159 transferred.    Since 1 November 2006 until the end of March 2011, 46 127 cases were in total disposed off by the Backlog Courts. Many of these cases would still have been on the rolls if it were not for the hard work performed by the officials in the additional backlog courts.  The total number of cases disposed off from the Regional and District Court rolls, including the outputs of these backlog courts since 1 April 2010 until the end of March 2011 was a total of 17 026 cases.
The Lower Courts and the High Courts were able to dispose of more cases than the total number of new cases enrolled. A total of 962 317 new cases were enrolled and 988 451 cases disposed off. A total of 26 134 more cases were therefore disposed than received.  This is sign of very commendable progress in this regard.
A total budget of R13, 518 billion has bee allocated to the Department for the 2011/12 financial year. Of this budget allocation, R4, 342 billion is allocated to the Court Services programme, R2, 640 billion is for the NPA and R1, 656 billion for Public Entities and  Chapter 9 Institutions. Much of this increase has been set aside for improving the capacity at our courts, the improved implementation of legislation that addresses rights of the most vulnerable and providing court services, hence the large increases in the Court Services (35.7 per cent), State Legal Services (14.0 per cent) and National Prosecuting Authority (9.2 per cent) programmes over the MTEF period.
As the Executing Authority responsible for the administration of justice, supported by the Deputy Minister and working together with the accounting officer and the leadership of senior managers, we will make every effort to ensure that the Justice Department delivers on the undertakings it has made. We are committed to a system of quarterly reviews where the performance of our work is subjected to scrutiny during periodic intervals. It is these reviews that must send early warnings that must alert us of possibilities of not being able to meet our targets.
We must be able to take decisive action to countervail or mitigate the possibility of not meeting these targets - and that is what we promise to keep an eye on. We will monitor performance on an ongoing basis.
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Chairperson, 27 years ago in 1984 the people of South Africa marked the first anniversary of the United Democratic Front, the UDF.
Chairperson, these were the words of the late Ma Albertina Sisulu.
We must continue to work together to unite all in our society with this truth.
Government's five priorities of education, health, creating jobs, rural development and land reform as well as fighting crime and corruption is guided by this vision.
Everything we do in the Department of Justice and Constitutional Development is done in pursuit of making real the vision mandated by our Constitution of a transformed and accessible justice system, which promotes and protects social justice, fundamental human rights and freedoms by providing transparent, responsive and accountable justice for all.
Next week we commemorate the thirty fifth anniversary of the June 16 uprising in 1976 under theme, "Youth Action for Economic Freedom in our Lifetime", reminding us of the enormous contribution young people have made and continue to make to our struggle for liberation and the need to realise the socio-economic rights contained in our Constitution.
The legislative programme outlined by the Minister will require careful management and co-ordination by and between the National Assembly and the NCOP.
In this regard, we look forward to regular interaction with the relevant Portfolio and Select Committees. And would like to thank their Mr. L. Landers and members of the Portfolio Committee.
Significantly, this programme contains the Constitution Seventeenth Amendment Bill, which seeks, among others, to lay the basis for establishing a transformed and unified judiciary.
This will involve, amongst others, harmonisation of the work of the Judicial Service Commission and the Magistrates Commission with a view to establishing uniform norms and standards for the appointment of, and handling of complaints concerning judicial officers.
I would like to thank Judge President Bernard Ngoepe for his sterling contribution over many years to the work of the Magistrates Commission.
Let me also congratulate Judge Frans Legodi on his appointment as the new Chairperson. I am confident that under his leadership the Commission will travel even further along the transformation highway.
In this regard, it is significant that of the 80 newly appointed district magistrates during the 2010/11 financial year, 66 are Black and 14 are White. Forty-six of these newly appointed magistrates are women. During the same period 26 regional magistrates were appointed of which 23 are Black and 3 White. Ten of these regional magistrates are women.
During this period a total of 2031 acting appointments of magistrates were made. We are exploring ways of using this process further to accelerate the process of transforming our district and regional court benches - including making this process more open, transparent and structured and also enlarging the pool from which appointments are made.
The South African Judicial Education Institute Act of 2008 has already established a single framework for the training of judges and magistrates.
With effect from April 2011, the judicial training programme of the Justice College has now been formally integrated into the programme of the South African Judicial Education Institute.
The Council of the Institute tasked the Chief Justice and the Deputy Chief Justice to direct the work of the Institute with the assistance of appropriately qualified administrative staff.
The first judicial education programmes will be implemented soon after the important Access to Justice Conference scheduled for 7 - 11 July 2011.
Guided by vision contained in the Constitution that Ma Albertina Sisulu struggled for, that of human dignity, the achievement of equality and the advancement of human rights and freedoms, we continue to provide strategic support to independent institutions supporting constitutional democracy to ensure their independence, impartiality, dignity and effectiveness.
We express our gratitude to Adv. Thuli Madonsela and Adv. Lawrence Mushwana and members of the HRC.
We also continue to work with civil society to promote access to justice. The Department's Access to Justice and Promotion of Constitutional Rights Programme has moved with speed in utilising more than R200 million to provide a number of grants to civil society organisations through the Foundation for Human Rights.  We thank Ms. Yasmin Sooka and other members of the foundation.
Priority is being given to the most vulnerable in society - women and children, rural and urban poor communities, farm workers, people affected by HIV/AIDS, child headed households, people affected by violations of human rights, the aged, persons with disabilities, youth including children in prisons and foreign nationals in need of assistance.
We thank the European Union for their support and partnership in this vitally important programme.
Legal Aid South Africa has been very effective in utilising a budget of more than R1 billion to execute the constitutional imperative of providing legal aid to indigent accused persons and vulnerable litigants.
During the 2010/11 financial year LASA provided legal services in 421 365 legal matters, comprising assistance in 389 914 criminal legal matters and 31 451 civil legal matters. Through these legal services 25 586 children were assisted in criminal matters and 2 529 children in civil matters.
The Legal Aid Advice Line was launched in November 2010, facilitating telephonic access of primary legal assistance by persons from across the country and especially from rural areas, thus increasing access to justice. Since then, the Legal Aid Advice line has assisted over 13 926 callers. We thank Judge President of the Labour Court Dunstan Mlambo and CEO Vidu Videlankar.
The South African Law Reform Commission continues to make an invaluable contribution to the development, improvement, modernisation and reform of our law through their research and recommendations. The focus of the statutory law revision project is to ensure the constitutionality of the entire statute book. The Commission will play an important role in the review of the civil justice system, which is our flagship project in the 2011 MTEF cycle. We thank chairperson Judge Yvonne Mokgoro.
In this regard also, the Department will, through the Sheriffs' Transformation Programme strengthen the regulatory framework to address the transformation challenges in the appointment of sheriffs and the service and execution of civil processes. We will also prioritise the filling of the 230 vacant offices, which are currently filled on acting basis.  We thank outgoing chair Judge Nathan Erasmus and Acting Chairperson Ms. Charmaine Mabuza.
When it comes to access to justice, Small Claims Courts demonstrate clearly that size does matter - and that small is big.
We continue to increase both the number and the capacity of our Small Claims Courts. We have to date established 224 Small Claims Courts - 26 of which during the past year - with the emphasis on rural and remote communities. In addition, 17 inactive Small Claims Courts were revived and 229 Commissioners were appointed during the past year. We are on course to establish a Small Claims Court in each of our 384 magisterial districts.
The monetary jurisdiction of Small Claims Courts has been increased from R7 000 to R12 000, enabling more litigants to institute claims in an informal and cost effective manner.
Awareness of the services offered by Small Claims Courts has increased. During the past year no fewer than 400,000 cases dealt with in our Small Claims Courts.
We will continue to improve legislative and administrative framework of the Small Claims Courts.
We thank the Swiss Agency for Development and all commissioners and clerks of Small Claims Courts.
As Honourable Members know, all magistrates' courts are now designated as Equality Courts. This has resulted in an increase in the number of cases enrolled at these courts from 447 in 2008/9 to 508 in 2009/10.
Equality Courts dealt with a total of 320 cases and enquiries between 1 April and 30 September 2010.  Of these, 100 have been disposed off. The majority of matters relate to hate speech and unfair discrimination.
The United Nations Human Rights Council and the General Assembly have adopted a Resolution declaring 2011, the International Year for People of African Descent, to mark the 10th Anniversary of the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerances.
The Department will be working with all sectors in our society to finalize our National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerances (NAP).
In a fortnight we will be celebrating the 30th anniversary of the adoption of the African Charter on Human and Peoples' Rights on 27 June 1981 and later this year, on 21 October, we will celebrate the 25th anniversary of African Human Rights Day, the day on which the African Charter came into effect.
We have during the past year, together with the Department of International Relations and Co-operation participated in a number of international fora relating to justice matters.
One of these was the Review Conference of the International Criminal Court held in Kampala in June 2010.
Our support for the International Criminal Court is a principled one that reflects our commitment to the foundational values of our own Constitution as well as that of the African Union.
The AU Constitutive Act affirms the sovereignty of the state as represented by the people and not just governments. It grants participation of African people in the activities of the Union and promises never again to be blind, deaf or mute to the evils of war crimes, genocide and crimes against humanity by granting powers to the Union to intervene in States where these crimes are committed.
"We have sought to ensure that the International Criminal Court is guaranteed independence and bestowed with adequate powers. Our own continent has suffered enough horrors emanating from the inhumanity of human beings towards human beings. Who knows, many of these might not have occurred, or at least been minimised, had there been an effectively functioning International Criminal Court."
African States were amongst the most ardent proponents of the creation of the International Criminal Court during the negotiations leading to the adoption of the Rome Statute. It is also no accident that with 31 States Parties, Africa remains the biggest single regional block in the Assembly of 115 States Parties to the Rome Statute.
South Africa views the International Criminal Court, not in isolation, but as an important element in a new system of international law and governance.
The importance of the International Criminal Court needs to be seen in the context of the need for the fundamental reform of the system of global governance. As President Jacob Zuma said, "We argue that the affairs of the world of today cannot continue to be managed by the existing institutions of global governance unless they undergo fundamental reform."
And questions of credibility will persist so long as three of the five permanent members of the Security Council refuse to reconsider their position and join those who have taken the courageous step to become parties to the Statute. The same is valid for countries that aspire to permanent membership. Indeed, the problem is not limited to the Security Council. Six of the G20 have not ratified the Rome Statute.
"The States Parties to this historic Statute must therefore pose the question, "What kind of leadership is this which would absolve the powerful from the rules they apply to the weak" A laggard leadership is no excuse.?
It is the lack of transformation of these institutions, the UN Security Council, as well as less than judicious pronouncements by certain officials linked to the Court, that is responsible for the perception that the ICC focusses exclusively on Africa.
The point has been made by, amongst others, our Chief Justice that this is a wrong perception. Of the five matters before the Court, three were referred by African States, one by the UN Security Council and one was initiated by the Prosecutor. This does not mean that the Prosector should not expedite the investigation of the many other situations elsewhere in the world.
Time does not allow me to address a number of important matters related to the SADC Tribunal.
Suffice to say that we have argued in various fora  that we must at all times safeguard jealously those institutions that we collectively have created. Where these institutions are found to have shortcomings our responsibility is to address the shortcomings, never to discard or discredit the institutions.
"Africa cannot only be defined by geography. We should also come together around a set of values that define our humanity. For this reason the promotion of democracy, the respect for human rights and the improvement of governance are vital for our success as a continent."
In conclusion, I would like to express my sincere appreciation to the Minister for his comradeship, support and guidance at a personal level as well as his principled and decisive leadership of the Department and the Justice, Crime Prevention and Security Cluster. Our ever hard working and even keeled Director-General and the officials of the Department. Our deep appreciation also goes to the long-suffering, ever-diligent and also ever sleep deprived officials in the Ministry. Last and most, appreciation to my favourite member of the legal profession, the one I receive most excellent pro bono support from, my wife Kim Robinson.
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It is with honour and privilege, that I am afforded this opportunity to present to you the Budget of the Department of Justice and Constitutional Development, for the coming year. But firstly, allow me to pay tribute to one of the heroines of the liberation struggle.  The sudden and very sad passing on of the ANC struggle veteran u Mama u Nontsikelelo Albertina Sisulu, took all of us by surprise, just weeks after she had cast her vote during the recent local government elections. May her selfless fighting spirit inspire all of us in our endeavour to ensure access to justice to all our people.
As a Department charged with the mandate to entrench and protect the Constitution for the common good of society, we can say without fear of contradiction that the recent Local Government elections have further strengthened our work in consolidating our constitutionally driven democratic transformation.
Allow me also, honourable members, to make mention that this Budget Vote is presented during National Youth Month, when we as a nation pay even greater attention to the integration of youth in the various programmes of our development.
We, in the department and the justice family, are indebted to the able and guided oversight of the Portfolio Committee and this House without which we would not have been able to make any visible strides in our performance outcomes, or overcome some of the difficult challenges we encounter in executing our constitutional and legislative mandate. It is through the guidance of the Portfolio Committee of this House that we are able to reflect on our significant achievements and successes, acknowledge missed performance targets and outcomes and make appropriate interventions to address them, tackle the challenges that lie in our path head-on and reaffirm and pledge our commitments into the future in which All South Africans will enjoy equal justice.
The focus of the Department's financial turnaround strategy is to improve internal controls and performance towards an unqualified audit by 2012/13 financial year, and ultimately clean audits. The qualified audit reports that the Department has suffered over the years is therefore a matter of concern to me. I have had meetings with the Auditor-General in order to understand the magnitude of the problem and the Department's officials have also appeared before the Portfolio Committee and SCOPA.  Both Committees have provided guidance on the path towards an unqualified audit.
Building internal capacity in strategic areas such as finance, internal audit, strategy and risk management.
This budget reflects progress made with regard to the transformation of the judicial system and the legislation relating thereto, and initiatives and interventions undertaken to improve Access to Justice. This is done through the expansion of infrastructure and services, particularly in rural communities.
We have made visible progress regarding the transformation of the judicial system and the legal sector, which are at the Apex of our transformation-orientated projects. I take the opportunity to convey our gratitude to the Chief Justice and Heads of Courts for their constructive views on the Bills as well as commentators from the judicial and legal fraternity broadly speaking, as well as the Provincial Legislatures and other sectors of society for their invaluable submissions on the Constitution Seventeenth Amendment Bill and the Superior Courts Bill after they were approved by Cabinet in 2010. Both these Bills have been tabled in Parliament and I trust that the submission made in respect of these Bills will enhance the final product. The Constitution Seventeenth Amendment Bill provides a constitutional framework for the judiciary to take charge of court administration. It affirms the Chief Justice as the head of the judiciary and entrusts the incumbent of this highest office in the judiciary, with the authority to develop norms and standards for all courts. Flowing from the envisaged constitutional amendments, a court administration framework that is commensurate with the model of separation of powers in our Constitution will be developed. I will seek guidance of Cabinet and this House at the appropriate time once we have come up with firm proposals from both our research and those undertaken by the Chief Justice and his office.  In the interim, the President has, by Proclamation, enhanced the status of the Office of the Chief Justice to that of a national department. This has enabled his office to recruit competent professionals who will assist in developing an appropriate model of court administration.
Similarly, the revised Legal Practice Bill was approved by Cabinet in December 2010, following continued engagement with the legal profession. A ground-breaking compromise which enjoys the support of many in the profession relates to the legislative mandate proposed for the Transitional Legal Practice Council to deal with the outstanding areas of contention in the Bill within a period of 18 months. These areas of contention are, among others, the type of regulatory structures for the profession, the appointment mechanism for the members of the regulatory structures, disciplinary mechanisms and assets and financial arrangements relating to the profession. I am pleased to inform the House that the Department and the State Law Advisers are addressing all the concerns that would have likely obstructed the certification of the Bill.  I am confident that this Bill will soon be ready for introduction into Parliament.
A new legislative framework is needed to manage litigation against and on behalf of the State. The transformation of the State Legal Services forms an integral part of the transformation of the legal profession and the administration of justice broadly speaking. We have initiated a process that will culminate in the overhaul of the State Attorney's dispensation, and provide an alternative legislative framework informed by the ethos and values of the Constitution for effective institutional efficiency. I will soon submit to Cabinet a Framework on the State's Legal Services' Reform to initiate a debate that will lead to a new legislation that will in turn provide for the establishment of a unified, development-orientated public sector legal practice, that is founded on a common vision and which is underpinned by cooperative governance principles as embodied in the Constitution. These measures will enable Government to address the challenges in the management of Government's legal services. The Rules Board for Courts of Law is considering rules to facilitate the use of court-connected mediation and court connected arbitration programmes, which have proven to be a huge success in other jurisdictions. We plan to pilot these programmes in a few selected courts before the end of this year as part of the Civil Justice Reform Programme sanctioned by Cabinet.
Honourable members, with regards to the gender and racial composition of the judiciary, of the total 230 judges in all the Superior Courts, there are only 60 women judges of which 22 are African. These figures include the recent appointments made by the President after the Judicial Service Commission sitting in April 2011. Overall, there are 94 White and 136 Black judges. It is therefore important that the JSC considers innovative ways to encourage more women to pursue a legal career so as to create an adequate pool for eligible female candidates for appointment to the bench.
The integrated interventions of the Justice Crime and Prevention cluster to fight Crime and Corruption have begun to bear fruits. The programmes of the various cluster departments respond to the eight outputs that constitute the priority interventions in the fight against crime. In designing the programmes and legislative measures to fight Crime and Corruption, the cluster is guided by Outcome 3, namely that "All people in South Africa are and feel safe". The Delivery Agreement in this regard sets out the joint performance targets we have set ourselves for the Cluster and we continue to measure our outcomes against the set targets.
Levels of corruption reduced thus improving investor perception, trust and willingness to invest in South Africa - the Asset Forfeiture Unit as of Quarter four, seized assets to the value in excess of R468million in 13 cases.
One of the major challenges facing the criminal justice system is the case finalisation rate which undermines the right to a fair trial. This constitutional right is expressed in the well known adage "justice delayed is justice denied". I am hopeful that the Access to Justice Conference, initiated by the judiciary and which will take place from 7 - 11 July 2011, will go a long way in addressing the challenges facing the courts in dispensing justice. The Conference, unlike past conferences which involved judges only, will also involve all the three Branches of the State, the Legislature, the Executive and of course the Judiciary itself.
In respect of the lower courts, between April 2010 to March 2011, the 56 Regional Court Backlog disposed off 8 111 cases, of which 5 272 cases were finalised, 2 444 withdrawn and 395 transferred. The District Backlog Courts disposed off 8 915 cases in the same period, of which 5 813 cases were finalised, 2 943 withdrawn and 159 transferred.    Since 1 November 2006 until the end of March 2011, 46 127 cases were in total disposed off by the Backlog Courts.  The Lower Courts and the High Courts were able to dispose off more cases than the total number of new cases enrolled. A total of 962 317 new cases were enrolled and 988 451 cases disposed off. A total of 26 134 more cases were therefore disposed than received.  This is sign of very commendable progress in this regard.
Honourable members, it would be an injustice to fail to appraise the dedication by many officials in order to ensure speedy access to justice. Of particular note is the example from the Molopo district of the North-West, where a number of court officials joined forces, in the true spirit of Batho Pele, to convene Saturday Courts on a voluntary basis. These courts started functioning on the 7th of May 2011.  In this short period, 29 out of 32 matters have been disposed off.  This team has now set itself a target of disposing off 50 matters a month from June 2011.  I profusely congratulate the team in the North-West, and intend encouraging such initiatives throughout all provinces to ensure that case backlogs are significantly reduced.
We have established a National Task Team consisting of the relevant role-players from Government and the NGO's, to develop and implement an Integrated Intervention Strategy to address the rights of the LGBTI community.  I expect the report of the Task Team very soon, and will engage the public on its recommendations.
As part of implementing the criminal justice system's 7 point plan, the JCPS cluster is rolling out the Audio Video Remand (AVR) system for Awaiting Trial Detainees. Yesterday I launched the Mitchells Plain's AVR system.   The launching of these AVR initiatives was after noting that 80% of Awaiting Trial Detainees transported to courts are for the mere purpose of postponement. The chain duties of signing them out from correctional centres, their transportation to Courts and back to correctional centres, is not only time consuming and thereby delay court hearings due to late arrivals, but also take up many of the human resources which could optimally be used otherwise. Section 159 of the Criminal Procedure Act 51 was amended to enable this innovative solution.
The courts and the Masters' offices are the department's service delivery points that consume the bigger slice of the Department's budget allocation. There are 9 on-going capital projects which have been carried forward from the 2010 MTEF, namely, the construction of new courts and the rehabilitation of existing courts, to meet the increased demands for court and office accommodation. Three (3) new courts have been completed, namely Galeshewe, which we launched exactly a week ago. The Colesburg, and Lutzville magistrates' courts which will be opened soon. The expansion of the Supreme Court of Appeal in Bloemfontein has also been completed will be inaugurated by the President in September 2011. New courts which are under construction are the Katlehong and Ntuzuma magistrates' courts.  Further projects are being undertaken to expand offices based in Stanger, Thembalethu, Swellendam, Riversdale, Bredasdorp.  Projects in the planning phase include the Magistrates Courts in Mamelodi, Port Shepstone, Richards Bay, Tshilwavhusiku and Plattenberg Bay. Despite our budgetary constraints our ultimate vision is to have a "Lower Court for Every Municipality or District Municipality".
We also continue with our Programme of the Re-designation of Branch Courts as proper full services courts. I am pleased to announce that the conversion into fully fledged courts of Attridgeville, Mamelodi, Northam and Ntuzuma Branch Courts, which had to be delayed due to financial constraints, will be with effect from 1 August 2011.
All magistrates' courts in the 384 magisterial districts have now been designated as Equality Courts as part of ensuring access to justice for all our people.
In respect of the High Courts, the principle of a "Division of the High Court for every Province" applies equally.  It is in the context of this principle that the Limpopo and Mpumalanga provinces will each have a High Court. The construction of the court in Limpopo is underway while an interim accommodation for the High Court for the Mpumalanga Province is being procured, pending the construction of a permanent High Court for the Province.
From an infrastructure point of view, office accommodation is a major challenge as we continue to appoint more personnel at the courts to deal with the increased mandates arising from new legislation. The Court Records Off-Site Storage has been introduced as part of the Departments modernisation programme, as a solution to provide a system that improves the management of court records. It creates an opportunity to alleviate filing space challenges in the courts, and it provides easy access to court records for the public, the judiciary and members of the legal fraternity.
Honourable Members we have identified Maintenance and Masters' services as areas that will receive our priority focus in the 2011/12 financial year. An effective maintenance recovery and payment system has the effect of reducing the dependence of children on social security as more and more parents will be compelled to support their children.  We are also putting more efforts to turn around the Master's offices to improve services relating to the winding up of deceased estates, the administration of insolvent estates and payments from the Guardian's Fund. Our emphasis on the Electronic Fund Transfer payment system for Maintenance and Guardian Fund in terms of which payment are made directly into beneficiaries' bank accounts seeks to increase efficiency while reducing fraud and corruption in the handling of Third Party funds.
Three sets of TRC Regulations to effect reparations to the victims and communities of the Apartheid atrocities and gross human rights violations have been drafted and were published in the Gazette in May 2011 for comments.
Honourable Members will no doubt recall that late last year this House approved an amendment to the RICA legislation dealing with the interception of communications for purposes of crime prevention and detection by extending the deadline for the registration of cell phone SIM Cards from 31 December 2010 to 30 June 2011.  That is 3 weeks away. Let all be reminded! Everyone's compliance with this statutory requirement is part of the Government's effort to fight crime. I wish to stress that there will be no further extension.
With regards to the key legislation, the Department has also prioritised implementation to enhance efficiency of the administration of justice. Amongst these pieces of legislation are the Judicial Service Commission Amendment Act, 2008, the Child Justice Act of 2008 and the Child Act of 2005.
Apart from the Constitution Seventeenth Amendment Bill, the Superior Courts Bill and the Legal Practice Bill to which I have referred to in my introduction, there are a number of other Bills which we aim to introduce in Parliament this year. These include the Constitution Amendment Bill amending Schedule 4 to the Constitution in so far as it relates to education and legislation to address hate speech, xenophobia and related intolerance.
I must also mention the Muslim Marriages Bill which is part of on-going consultation.  The Bill aims to give statutory recognition to Muslim marriages, the absence of which gives rise to countless instances of hardship, particularly in the case of women and children who find themselves in distressing situations when these marriages fail and are terminated.
Honourable members will probably have already noted that the Traditional Courts Bill has been withdrawn from this House and will be re-introduced in the NCOP soon.  The NCOP, because the Bill impacts on provinces and is a legislative competence referred to in Schedule 4 to the Constitution, is probably better placed to deal with the crucial issues that emanate from the Bill.
Allow me to provide you with the budget allocations relative to the Programmes and commitments I have outlined in my address. A total budget of R13, 518 billion has been allocated to the Department for the 2011/12 financial year. Of this budget allocation, R4, 342 billion is allocated to the Court Services programme, R2, 640 billion is for the NPA and R1, 656 billion for Public Entities and Chapter 9 Institutions. Much of this increase has been set aside for improving the capacity at our courts, the improved implementation of legislation that addresses rights of the most vulnerable and providing court services, hence the large increases in the Court Services (35.7 per cent), State Legal Services (14.0 per cent) and National Prosecuting Authority (9.2 per cent) programmes over the MTEF period.
Savings of R33.3 million in the 2011/12 financial year and R35.2 million in 2012/13 and R37.1 million in 2013/14 have been identified in selected goods and services items, by reducing spending in advertising, communication, catering and entertainment, stationery and printing, travel and subsistence, venues and facilities.
The 2011 Budget sets out additional allocations of R477.0 million in the 2011/12 financial year, R1.2 billion in 2012/13 and R1.4 million in 2013/14 for: increasing regional capacity (R180 million); building new courts (R490 million); implementing legislation concerning vulnerable groups (R175 million); renewing ICT infrastructure (R210 million); the United in Diversity presidential initiative (R45 million); improving conditions of service and implementing the second phase of the occupation specific dispensation for legally qualified professionals (R938.4 million); increasing the department's baseline for accommodation charges (R240.9 million); appointing more judges and magistrates, including secretarial support (R437.5 million); and adding capacity in Legal Aid South Africa, the Special Investigating Unit, the South African Human Rights Commission and the Office of the Public Protector (R405.6 million).
Over the next 3 years, the department will spend R2,5 billion on the construction of courts and other infrastructure projects.
An amount of R225 million has been earmarked in 2011/12 for DOJ&CD, NPA and the Legal Aid Board for the reduction in criminal case backlogs in regional and district courts. R86 million, R202 million and R214 million has been allocated over the next 3 years for the implementation of the Children Act, Child Justice act and Sexual Offences act.
In 2011/12 the department envisage to spend R1,9 billion on Public Prosecutions, R138 million on witness protection, R106 million on Asset Forfeiture, R194 million on the Special Investigating Unit and R1,1 billion on the Legal Aid Board. In support for constitutional institution, the department will transfer R89 million to the Human Rights Commission and R143 million to the Public Protector.
Honourable members, this Budget that we have presented here today is our firm commitment towards achieving the various goals that we have set for ourselves as I have already articulated. It is the blue print against which we will be assessed as to the strides we are making in ensuring access to justice for all our people and that all our people are and feel safe.
As I conclude, allow me to convey my gratitude to Chief Justice Ngcobo for his profound leadership. We congratulate him on the extension of his tenure as Chief Justice for a further period of five years.
Please allow me also to thank my Deputy Minister, Mr Andries Nel for his continued sterling support, my colleagues in the JCPS Cluster, my Director-General, Ms Nonkululeko Sindane, and her management for their tireless support, the Heads and Chairpersons of statutory bodies, Heads of Courts and members of the judiciary and the entire staff in the justice family.
Lastly and most importantly, I would like to thank my wife, Bridgette and my family who have always been at my side through the many challenges I have faced in the execution of my responsibilities.
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The National Treasury has released the revised Preferential Procurement Regulations, which have been aligned with the aims of the Broad-based Black Economic Empowerment Act and its associated Codes of Good Practice. The revised regulations are also in line with government's Industrial Policy Action Plan.
Previously bidders scored a maximum of 80 or 90 points for price, and 20 or 10 points for black ownership and for promoting specified RDP goals. The points for price will remain unchanged, while bidders will now score up to 20 or 10 points for their B-BBEE status level of contribution.
All bidders will have to submit BEE rating certificates, issued by either verification agencies accredited by the South African Accreditation System (SANAS) or by registered auditors approved by the Independent Regulatory Board for Auditors (IRBA).
Previously, the threshold value for the distinction between the 80/20 and 90/10 preference point system was R500 000. This has now been increased to R1 million to stimulate the development of small enterprises.
To promote uniformity throughout the public sector procurement system, the revised regulations will also be applicable to schedule 2, 3B and 3D public entities, which were previously exempt. (The full list of public entities can be found on http://www.treasury.gov.za/legislation/pfma/public%20entities/2011-04-01%20Public%20institutions%20Sch%201-3D.
The draft regulations were published for comment in 2009, a process which resulted in over 150 comments being received by National Treasury.
The new regulations become effective from 7 December 2011 to allow enterprises to become BEE rated. This will also allow time to train all supply chain practitioners on the implementation of the revised regulations.
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It is with honour and privilege, that I present the Budget of the Department of Justice and Constitutional Development (DOJCD), for the 2011/12 financial year.  Minister Radebe could not be with us today as he had to attend to other commitments at the highest office in the land. He conveyed his apologies and best wishes for the budget vote debate.
I wish to pay tribute to the ANC stalwart and a fearless and dedicated freedom fighter, Nontsikelelo Albertina Sisulu, who passed away this past week and will be laid to rest tomorrow.
As we commemorate the 1976 Soweto Uprising this month, it is also important that we remember the contribution of the youth and the role played by young martyrs such as Tsietsi Mashinini and Solomon Mahlangu in the struggle for freedom. We salute them, knowing that their sacrifices were not in vain.
We are grateful to this House for its inspirational oversight role. The Select Committee on Security and Constitutional Development has assisted the Department to re-focus its resources and re-define its performance targets to achieve greater impact on peoples' lives. This is reflective of our unequivocal commitment to promote and enhance Access to Justice as our basic guiding principle. Therefore, Access to Justice remains our primary focus. It is for that reason that we have channelled the bulk of our budget, (70%), to service-delivery programmes to ensure that these services are within the reach of the communities, in particular those in the rural and under developed areas to provide equal justice for all, in particular the vulnerable and the poor.
The courts and the masters' offices are the department's primary service delivery points and therefore consume the larger part the budget. The key programmes that drive our Access to Justice initiative is the court services programme through which we accelerate the construction of new courts and the rehabilitation of existing courts in order to bring services closer to the communities.
Stanger, Thembalethu and Richards Bay (KwaZulu Natal); Mamelodi (Gauteng) Tshilwavhusiku (Limpopo) and Bredasdorp, Riversdale, Swellendam and Plettenberg Bay (Western Cape).
Projects in the planning phase include the new High Court in Mpumalanga. Interim accommodation is being procured to house the High Court of Mpumalanga in Nelspruit pending the construction of a permanent court in the Province.
Our infrastructure programme is informed by our long term vision, which is the outcome of the project of the rationalization of the areas of jurisdiction of the courts of a "Lower Court for Every Municipality or District Municipality" and having a "Division of the High Court for every Province". There are municipalities such as Bitou (Plettenberg Bay) in the Western Cape which do not have a court and the community is compelled to commute to the adjacent municipality, in this case Knysna, to obtain justice services, including maintenance and deceased estates.
Closely linked with the Rationalisation of the Areas of Jurisdiction of the Lower Courts is the Programme for the Re-designation of Branch Courts as proper full services courts. Before August 2009, there were 90 Branch Courts, the largest number being in traditionally Black township and rural areas.  Fifteen of these Branch Courts, in different provinces have been rehabilitated and turned into proper self standing courts with effect from 15 August 2009. The Minister has announced on Tuesday during the budget debate in the National Assembly that the Branch Courts of Attridgeville, Mamelodi (Gauteng), Northam (Limpopo) and Ntuzuma (KwaZulu Natal) will be proclaimed into full services courts with effect from 1 August 2011. The legal implication of such proclamation is that these courts become self standing and provide all services, including civil and family law services to local communities. In terms of the law, Branch Courts only provide limited services relating to criminal trials.
Honourable Members, we are indebted to this House and the National Assembly for accelerating the enactment of the Jurisdiction of Regional Court Act of 2008, and making it possible for the President to promulgate this important Act on 9 August 2010. The Act brought closure to the racially-conceived Black Divorce Courts. Sixty-one regional courts across all provinces have been proclaimed to hear civil disputes, including divorce and family law disputes, and thereby bringing services closer to where litigants live. These proclaimed courts are predominately in former Black areas and rural villages.
The Department is making progress in fulfilling its vision of establishing a Small Claims Court in all of the 384 magisterial districts. Twenty -six new small claims courts, mostly in rural areas, were established during the 2010/11 financial year bringing the total number of small claims courts to 224. In this regard, the Department started the 2011/12 financial year on a positive note and has already established Small Claims Courts in Cathcart (EC) and Kenhardt (NC), with a further six small claims courts to be established before the end of June 2011, namely, in Nongoma (KZN), Ingwavuma (KZN), Roodepoort (GP), Vrede (FS), Botshabelo (FS) and Swartruggens (NW). The increase of the monetary jurisdiction from R7000 to R12 000 will further enhance access to the courts, especially the poor. The Department would like to extend its appreciation to the members of this House who are actively promoting the usage of small claims.
The last, but not least category of courts that are equally important to the both social transformation and access to justice are the Equality Courts. All Magistrates courts in the 384 magisterial districts have been declared Equality Courts, thereby widening access to these for the majority of our people living in these magisterial districts. These courts dealt with a total of 320 cases and enquiries between 1 April and 30 September 2010.  Of these, 100 have been disposed off. The majority of matters relate to hate speech and unfair discrimination.
Despite the interventions we have made with regard to infrastructure programme and expansion of services, the biggest challenges facing the courts are case backlogs, caused mainly by the our case finalisation rate. The postponement of cases and the limited sitting hours of the lower courts have been a major concern for a considerable time. To counter the impact of the over burdened court rolls, Backlog Courts were established and they have been operational since November 2006. Since their establishment, these courts have finalised 46 127 cases. This number would have added to our court rolls if these additional Backlog Courts had not been established to function parallel to the ordinary courts. For the 2010/11 financial year, these Backlog Courts, which now stand at 60 for the Regional Courts and 24 for the District Courts, have disposed of 26134 more case than the new cases registered in the same financial year. It is  the first time that these courts attain this target and it will be important for these courts to maintain and improve on this standard if the backlogs are to be eradicated any time soon. During the past financial year a total of 962 317 new cases were enrolled and 988 451 cases disposed of.. The Minister has also commended the initiative undertaken by officials in the Molopo district of the North-West, who organised Saturday Courts which started to operate from the 7th of May 2011.  In this short period of time, 29 out of 32 matters have been disposed off by through this initiative.  This team has now set itself a goal of disposing 50 matters a month from June 2011. I also wish to congratulate the team in the North-West, and trust that this would encourage others throughout all provinces to undertake similar initiatives.
Measures are also undertaken as part of the Criminal Justice System Programmeto improve the courts' productivity. In particular, the JCPS Committees established in provinces, in which Heads of Court participate, are yielding positive results. These fora discuss the manner and ways in which effective caseflow management processes may be implemented to empower judicial officers to take charge of their courts. Other initiatives undertaken as part of the JCPS Programme include the rolling out the Audio Video Remand (AVR) system for Awaiting Trial Detainees in all provinces. On Monday, 6 June 2011, the Minister launched the Mitchells Plain's AVR system. The launching of these AVR initiatives minimise the costs and pressure of transporting detained accused persons for the mere purpose of a postponement of their cases.
It is notable that although the Public Service Strike action in 2010 impacted negatively on the criminal justice system, the Lower and High Courts still managed to attain a positive clearance ratio of 2.7%. The High and Lower Courts finalised 331 045 cases with a verdict, with a conviction rate of 88.7%, with an increase in the number of cases finalised by means of alternative dispute resolution methods (ADRM) by 9.5%, from 118 631 in 2009/10 to 129 846 in 2010/11. (ADRM includes diversions after enrolment, matters diverted in terms of the Child Justice Act (CJA) and informal mediations.
The High and Lower Courts maintained high conviction rates. The District Courts maintained a 90.7% conviction rate. The Regional Courts achieved a rate of 73.4% and the High Courts achieved a conviction rate of 87.8%.
We are optimistic that the Access to Justice Conference convened by the Chief Justice from 7 - 11 July 2011, will come up with implementable solutions to these challenges.
The services of the Master of the High Court and maintenance matters at our Courts are part of our priority areas. Cabinet has approved the filling of the post of the Chief Master. This forms part of our efforts to build capacity for the implementation of a turnaround strategy of the Master's offices to improve services relating to the winding up of deceased estates, the administration of insolvent estates and payments from the Guardian's Fund. Similarly, we are increasing capacity at the courts to deal effectively with maintenance.
Honourable Members, let me outline some of the key ongoing transformation programmes. Members would be pleased that the long awaited Constitution Seventeenth Amendment Bill  and the Superior Courts Bill have, after somewhat 12 years in the melting pot, finally made their way into this Parliament. So will the Legal Practice Bill within the next few days. In the main, the Constitution Seventeenth Amendment Bill affirms the Constitutional Court as the Apex Court in the Republic and the Chief Justice as the head of the entire judiciary, which are the fundamental ingredients of a unified judiciary required by the Constitution. On the other hand, the Superior Courts Bill signal the demise of the Apartheid-drawn demarcation of the areas of jurisdiction of the old-order. High Courts were never rationalised when these courts were renamed in 2008 following an Act passed by this Parliament.  The outcome of the rationalisation process envisaged by this Bill will ultimately ensure that the High Courts are consistent with the provincial landscape of our Constitution and thereby respond to the needs of society in their demarcated spaces. The Bill makes it possible for the Limpopo and Mpumalanga provinces to have their own High Court, independent from the North Gauteng High Court. Not only will this restore the dignity and self-worth of the communities who endure the hardships of commuting to courts outside their provinces to access the High Court and other services traditionally associated to the High Courts (such as services of the Master of the High Court), but also brings with it infrastructure development as well as job and career opportunities for local residents. The Bill provides also a main seat and as many local seats as is possible to enhance access to justice. The local seat may have its own area of jurisdiction where this will enhance access to justice. This is ideal for a province as vast as the Eastern Cape, which has four seats of the High Court, to serve a province that integrates what was the old RSA, Transkei and Ciskei territories.
The Legal Practice Bill which, similarly to the Superior Courts Bill, seeks to unify the legal profession and rationalise the different regulatory structures of the defunct TBVC states, is premised on the constitutional principle of Access to Justice. In particular, the Bill provides, among others, a mechanism for the determination of fees chargeable for obtaining legal services to ensure that costs of litigation are within reach of all litigants. The Bill also provides for community legal service as part of legal vocational training for new entrants into the legal profession and regularized pro bono work for all legal practitioners.
The transformation of the State Legal Services forms an integral part of broader the transformation of the legal profession which is driven by constitutional imperatives. The transformation of this sector will assist Government in addressing challenges of litigation which the courts have raised on numerous occasions, especially on constitutional matters and  where decisions have been given against government. These include the poor quality of representation of Government due to lack of adequate preparation or choice of practitioners who lack expertise in the subject matter before court, delays or failure to file pleading and other related court papers, and failure to implement or delayed implementation of civil judgments given against National or Provincial Government. The reform initiatives for public sector legal services are geared towards building internal capacity that is sustainable, and to develop legal expertise that would enrich our jurisprudence.
Another important programme of the Department is the transformation of the sheriff's profession, who have an important role in especially the civil justice system by ensuring that documents between parties to a dispute are exchanged on time, and that orders of the courts are executed in accordance with the direction of the court and the law. The transformation of this sector, which is mostly forgotten as they work behind the scene, is paramount. The Department is initiating measures to strengthen the regulatory framework to address the transformation challenges relating to the appointment of sheriffs and their deputies and the service and execution of civil processes. One of the intended outcomes of the Civil Justice Reform Project is the optimum use of technology for service of court processes which will save time and costs and which are borne by the litigants, thereby enhancing the efficiency of the civil justice system.
Honourable members allow me to briefly reflect on the Traditional Courts Bill, which has been outstanding for a long time. The Minister will soon be engaging with this House with a view to facilitate the re-introduction of this Bill in this House in view of the legislative competence of provinces on the subject matter of the Bill. The Bill has been withdrawn from the National Assembly.
A total budget of R13, 518 billion has been allocated to the Department for the 2011/12 financial year. Of this budget allocation, R4, 342 billion is allocated to the Court Services programme, R2, 640 billion is for the NPA and R1, 656 billion for Public Entities and Chapter 9 Institutions. Most of these increases have been set aside for improving the capacity at our courts, the improved implementation of legislation that addresses the rights of the most vulnerable and providing court services, hence the large increases in the allocation to Court Services (35.7 per cent), State Legal Services (14.0 per cent) and the National Prosecuting Authority (9.2 per cent) programmes over the MTEF period.
A total amount of R2,85 billion has been allocated for direct operational spending in regions with Gauteng receiving the highest portion at R523 million whilst the Northern Cape received the lowest amount of R138 million. Regional budget allocations are being determined by the number of courts in operation and also the number of personnel appointed in a particular region.
Over the next 3 years the department will spent R2,5 billion on the construction of courts and other infrastructure projects. A further R87 million will be spend on day to day maintenance and R265 million on rehabilitation of court facilities over the next 3 years.
An amount of R225 million has been earmarked in 2011/12 for DOJ&CD, NPA and the Legal Aid Board for the reduction in criminal case backlogs in regional and district courts.
R86 million, R202 million and R214 million has been allocated over the next 3 years for the implementation of the Children Act, the Child Justice act and Sexual Offences Act.
In 2011/12 the department envisage  spending R1,9 billion on Public Prosecutions, R138 million on witness protection, R106 million on Asset Forfeiture, R194 million on the Special Investigating Unit and R1,1 billion on the Legal Aid Board.
In support of the constitutional institution the department will transfer R89 million to the Human Rights Commission and R143 million to the Public Protector.
We take cognizance of the fact that the utilisation of the budget outlined above demands the highest degree of efficiency and accountability. The negative audit reports the Department received over the years is a matter of grave concern to us. The Ministry and the Department's management, guided by the Select Committee of this House and the Portfolio Committee, have initiated a financial turnaround strategy to address the concerns raised by the Auditor-General and SCOPA, aimed at the attainment of its goal of a No Audit Qualification by 2012/13 financial year. These measures include the implementation of accounting systems to enable the department to produce credible financial statements and to build internal capacity in strategic areas such as finance, internal audit, strategy and risk management.
In conclusion, let me thank the Chairperson, Mr Mofokeng and members of the Select Committee for their continuous support and guidance.
I also thank the Director-General, Ms Nonkululeko Sindane, her management team and all staff of for their dedication and commitment.
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QUESTIONS WITHOUT NOTICE TO THE PREMIER (i.t.o.
Mr J B Bloom (DA) to ask the Premier [1.
PREMIER'S QUESTION TIME (i.t.
what follow-up action has been taken to ensure that appropriate action is taken in line with the findings and recommendations of this report; and if not, why not?
how many vacancies currently exist in the Provincial traffic department, for traffic officers; and why are they not placed in these vacancies?
what are the reasons for any decrease in enrolments in the above subjects?
what disciplinary process in being followed in this matter; and how much money is involved in the matters about which he is accused?
when could this be expected to be put in operation; and what provincial plans are there with regard to implementation of a wage subsidy to encourage employers to hire young people?
Further to the reply to question 4.
whether all the teachers who attended the court case have been identified; and if not, why not?
when is it expected that a permanent CFO will be appointed; and what impact has the lack of a permanent CFO had on the operations of the department?
WRITTEN QUESTIONS FOR ORAL EXPLANATION & TABLING IN THE HOUSE (i.t.o Rule 127(5)) [** Request for extension of time (i.t.
Written Questions by Resolution of the House] [** Request for extension of time (i.t.
what action is being taken in this regard; and if not, why not?
what is the licensing status in terms of the National Environmental Management: Waste Act, Act No.
whether any action has been taken against any owner of landfill site in terms of the National Environmental Management: Waste Act, 2008 (Act No.
If so, what are the details?
how often are such dumping or storage sites monitored in terms of compliance ?
if so, please list the incidents of non-compliance; and if so, please indicate what action was taken to deal with such non-compliance in each case?
if yes, can such reports be forwarded ; and if not, why not?
if so, what are their names; and whether the MEC has had any contact with the nurses who were harassed or robbed?
what difficulties are there in carrying out the warrants of arrest; and what steps are being taken to enforce the warrants of arrest?
who performs and oversees these assessments; and whether these assessments are taken into account should a reservist apply for a permanent position?
what action is being taken with regard to the complaints; and if not, why not?
what are their contact numbers (please list); and what are their email addresses (please list)?
what the details and format of the shows on which airtime is bought are, if any?
if not, why not?
if the department withholds the entire amount owing, please indicate why this is appropriate?
how much has the department paid state attorneys over the past financial year; and how much has the department paid private attorneys over the past financial year?
if so, what are the details of each consultant's appointment?
if a private company sponsored any part of the trip, what was the name of the company and how much was sponsored; and whether this constituted a conflict of interest in any way?
what fees are currently charged by the Liquor Board; and for which services are these fees charged?
what steps have been taken to establish a proper penalty structure to deal with contraventions of consumer protection legislation?
which industries does the Department plan on attracting to the OR Thambo IDZ; and what plans are in place to ensure the IDZ is a success?
what events has the department paid for at this centre in 2010.
who authorized this event?
whether police were involved in theft of GG vehicles (please give a detailed report)?
whether the report will be made public; and if not, why not?
if not, why not ; and whether the MEC believes the department has fulfilled its mandate to develop the economy of Gauteng in light of its failure to adequately assess the impact of tolling on the province?
if so, which films was the commission involved in (please list) ?
if so, which individuals did the GFC send; and for each individual, what was the cost to the GFC for their attendance?
how many people are employed at the hub?
what was the budget for these trails to be done; and what is the total cost of these trails so far?
when will the data be made available to the public; and in addition to conversions, where else was money spent on this project (please list)?
what action is being taken with respect to the complaints; and if not, why not?
how many 'passes' are produced by the FET facilities; and how many of the 'graduates' of FET colleges find gainful employment post training?
what is the policy with respect to the billing of parents when they are divorced and one party is legally responsible for school fees; and whether public schools are entitled to withhold places on school outings (or embarrass or harass the children or their single mothers) when fees legally owed by fathers are not up-to-date?
whether disabled children are able to attend schooling if they do not receive these assistive devices; and who is responsible for ensuring that schools receive these assistive devices?
how many of these are primary and secondary schools respectively?
FN015.
whether the police are involved in theft of GG vehicles please give a detailed report?
FN016.
whether the department can give any indication as to when the Maponya Mall Centre will be opened?
FN017.
whether any criminal charges were laid and what were they; and if no action was taken, why not?
FN018.
if it is not complete by when will it be due for completion?
FN019.
how much has been spent in total on the Alexandra Renewal Project from 2001 to date?
((5. FN020.
With regard to the response to question 5.
whether the department will furnish a detailed breakdown of the services being rendered in terms of this contract; and whether the department willfurnish a cost-benefit analysis that justifies the amount of the contract?
((5. FN021.
With regard to the response to Question 5.
what is the progress of such investigation?
what has been the effect at each hospital of these delays/stoppages?
(please give a detailed report)?
what accounts for any problems in paying them all the promised stipend for the full period; and what steps are being taken to ensure that they are all paid what is due to them?
if not, why not; and whether all due procedures were followed in the appointments to the board?
what steps are being taken to finalise the award of this tender; and when is it expected that this tender will be awarded?
what accounts for the non-collection of debt; and what steps are being taken to collect this debt?
which of the 12 women's cooperatives are actually doing hospital linen and garment work at present; and what are the future plans for this project?
at what age the first breast cancer screening is conducted on female patients; and how often female patients are screened for breast cancer?
what action is being taken to pay the outstanding amounts; and by when is it expected that all suppliers to this hospital will be fully paid?
if not, what action is to be taken in this matter?
what happened to the old furniture that was removed, including the cigar lounge fixtures, the white couches and the chrome furniture?
Further to the reply to question 5.
what steps have been taken to reduce the rate and recover the excess money paid to this company; and what disciplinary measures have been taken against those responsible for this waste of money?
Further to the reply to Question 5.
whether this went out to tender; and if not, why not?
what was the reason for those people being trained but not working on the project; and what were the women, disabled and youth's percentage share of those trained?
what action is being taken by government - at all levels - to resolve this matter?
what action is being taken to expedite payments; and when is it anticipated that all payments to suppliers will be up to date as per the 30 days limit of the Public Finance Management Act?
who is responsible for ensuring that houses are built properly in the first place; and what action has been taken against officials responsible for ensuring that houses are built properly (please list)?
what reports are available in the last two years on CDWs (please attach reports)?
whether the MEC is aware of the fact that notification to such objectors of this cut-off date was only posted to at least some objectors only in October, i.e.
if yes, what action does the MEC intend to take in order to ensure that all objectors are heard as envisaged by the Act; and what does the MEC intend doing to investigate these contradictory dates?
how were they allocated; and what further measures are to be taken in this regard?
if not, when will it cease to be applicable?
if so, what are the relevant details?
whether the consultant will be able to continue his functions during the December builder's break?
what were the findings of each such finalized investigation; and what action was taken for each of the finalized investigations in (iv) and (vii) above?
Department or any of its entites;and if so, what are the details of each consultant's appointment?
why have no presentations on the second phase been given to the Portfolio Committee on Roads and Transport in Gauteng?
what is the outstanding amount owed by the department to Eskom or municipal electricity entities for lighting, if any?
why are the lights reliably on only in certain spots e.g.
whether anything has been done to make sure that the lights on these highways are all on every night; and by what date will the situation be rectified so that all the lights on these highways are all on every night?
if so, when; and if not, why not?
whether the affordability of such increases is taken into account when these fees are set; and whether economists are consulted when these fees are increased so drastically?
once it is paid off will the fee cease being levied or not; and if not, why not?
what times are laid down for the highways to be illuminated in all seasons; and what energy saving measures are planned with regard to road lighting?
whether any consideration has been given to handing over any roads, and particularly the N13 to SANRAL and if not, why not; and if so, which roads are being considered for handover?
by when will the consultant finish with the redesign of the portion of the road; and whether the consultant will be able to continue his functions during the December builder's break?
what were the costs of construction paid to Chaba Tsotle ; and what happened to the balance of R903 018,00?
<fn>GOV-ZA.2011061701En.2012-02-10.en.txt</fn>
This discussion document is published for public comment, and gives effect to the 2011 Budget tax announcement by the Minister of Finance to reform the current medical deduction allowances by replacing them with medical tax credits. Whilst this reform will be implemented in phases, it forms part of a comprehensive reform proposal - this document aims to facilitate consultation over the comprehensive proposal, and contextualises the phases for such reform.
The first phase of this reform is set out in the legislative amendments contained in the 2011 Draft Taxation Laws Amendment Bill (TLAB) published on 2 June 2011 (available on the treasury website www.treasury.gov.za). Whilst these legislative amendments will be open to the normal public comment process for the TLAB, this document explains the underlying rationale for the entire medical reform, explains the first phase, and then focuses on the tougher questions for consideration in subsequent phases, including for catastrophic and out-of-pocket medical expenses. There is a two-phase process for public comments: Firstly, public comment for the TLAB proposals on medical scheme contributions are invited by 22 July 2011, and a second round of comments for future options on out-of-pocket expenses by 31 October 2011, to cover the proposals in the second and later phases that are not covered in the 2011 Draft TLAB. The key features of the present arrangements are discussed below.
Relief in the form of deductions from income is afforded to taxpayers for medical scheme contributions and out-of-pocket medical expenses. Medical scheme contributions by an employer on behalf of an employee are included as fringe benefits in the hands of the employee (taxpayer). Contributions to registered medical schemes are allowed as a deduction up to prescribed monthly capped amounts. Medical scheme contributions in excess of the caps, plus qualifying out-of-pocket medical expenses, can be claimed as a further deduction to the extent that they exceed 7.5 per cent of taxable income. Taxpayers aged 65 and above, or who have a disability or have an immediate family member with a disability, may deduct their medical expenses in full.
While the current deductions regime serves both to provide relief for those taxpayers contributing to medical schemes and protects families against catastrophic health expenditure, it is inequitable in that it affords a greater benefit to higher income taxpayers for necessary services like health, through the effect of the progressive marginal rate structure. It is proposed that deductibility of medical expenses should be replaced by tax credits, the value of which will be unrelated to a taxpayer's income bracket. The principle difference between a tax deduction and tax credit is that medical tax credits reduce a taxpayer's tax liability, whereas deductions reduce a taxpayer's taxable income. Lower income taxpayers will therefore gain from such change, whereas higher income earners will benefit less than at present. The underlying principle behind the proposed change is fairness, and the new system is proposed as a step towards an equitable fiscal contribution to health insurance for all South Africans. In this respect, this proposal also facilitates the longer term goal of universal National Health Insurance.
This discussion document explains the 2010 proposals which are intended to take effect on 1 March 2012. These are incorporated in the 2011 Draft Taxation Laws Amendment Bill (available on the treasury website at www. treasury.gov.
A medical scheme contribution credit will be available to taxpayers who belong to a medical scheme, set at a fixed amount per month for the taxpayer and first dependant, and two-thirds of this amount for additional dependants, adjusted annually for inflation. In 2011/12 values, amounts of R216 each a month for the taxpayer and first dependant, and R144 a month for each additional dependant, are proposed.
A supplementary medical scheme contribution credit of R216 a month is proposed for members or dependants aged 65 and above, and members or dependants with a disability.
In addition, this document also seeks to explore the way forward on the tax treatment of out-of-pocket medical expenditures.
What the level of thresholds for credits should be, and what thresholds should be considered for taxpayers aged 65 years and older or those with disabilities.
In order to facilitate public comment on these important issues, three options are presented in this document for illustration. A few examples of policy options are evaluated according to how well they adhere to key policy objectives.
The current system, by way of medical scheme contribution and expense tax benefits (deductions), cost the fiscus an estimated R15.7 billion in 2008/09 terms. The proposals contained in this document are designed to maintain this level of tax expense benefit and seek to spread the benefit more evenly across income groups.
Medical tax credits will be non-refundable. It is envisaged that once the proposed Risk Equalisation Fund is in place as part of National Health Insurance reform, consideration will be given to the possibility of extending the benefit of the medical scheme contribution tax credit to those who fall below the tax threshold or who qualify for credits that exceed their tax liability, subject to practicality and affordability.
The public is invited to comment on the proposals contained in the discussion document. Comments may be submitted to Suzan Papo at email address suzan.papo@treasury.gov.
This discussion document is published for public comment, and gives effect to the 2011 Budget tax announcement by the Minister of Finance to reform the current medical deduction allowances by replacing them with medical tax credits. As indicated in the 2011 Budget Review (p 68):"The monthly deductions for contributions to medical schemes and for qualifying out-of-pocket medical expenses will be converted into tax credits effective 1 March 2012". While this reform will be implemented in phases, it forms part of a comprehensive reform proposal - this document aims to facilitate consultation over the comprehensive proposal, and contextualises the phases for such reform.
The proposed change will bring about a more equitable fiscal contribution to meeting the costs of health care. Further refinements to these arrangements may be made in future, as part of the broader fiscal arrangements for phasing in a National Health Insurance (NHI) system.
The first phase of this reform is set out in the legislative amendments in the 2011 Draft Taxation Laws Amendment Bill (TLAB 2011) published on 2 June 2011 (available on the treasury website www.treasury.gov.za). In addition to proposals relating to medical scheme contributions that are contained in the TLAB 2011, this document also seeks to explore the way forward on the tax treatment of out-of-pocket medical expenditures. Public comment is invited for both the proposals contained in the 2011 TLAB, and the wider reforms mentioned in this document. The consultation process for these proposed reforms will be conducted until 31 October 2011.
Tax relief in the form of deductible allowances is currently afforded to taxpayers for medical scheme contributions and out-of-pocket medical expenses.
For taxpayers under the age of 65, contributions to registered medical schemes (including contributions by an employer on behalf of an employee) are allowed as a deduction from income, up to prescribed monthly capped amounts. Qualifying out-of-pocket medical expenditure, plus medical scheme contributions in excess of the caps, can be claimed as a deduction to the extent that the aggregate exceeds 7.5 per cent of taxable income.
In the case of taxpayers 65 and older, and taxpayers with a disability or taxpayers with a spouse or child with a disability, medical scheme contributions and qualifying medical expenses can be fully deducted from taxable income.
Medical scheme contributions paid by an employer on behalf of an employee under the age of 65 were formerly treated as taxable fringe benefits only insofar as they exceeded the allowed contribution caps. Medical scheme contributions paid and health services provided by an employer to a retired former employee, or to dependants of a deceased former employee, remain fully exempt.
A proposal for revision of these arrangements was announced at the time of the 2009 Budget.
"Replacement of the medical scheme contribution deduction with a non-refundable tax credit is currently under consideration. To be broadly neutral in its overall impact, the tax credit would be set at about 30 per cent of the prevailing deduction. Where medical expenses in addition to contributions to schemes qualify as deductions, the credit would also be set at 30 per cent of allowable expenses. Implementation is proposed in two years' time so that SARS, employers and payroll providers will have sufficient time to make the necessary administrative adjustments. In preparation for this proposal medical scheme contributions will cease to qualify as tax-free fringe benefits. All contributions paid by an employer will be regarded as taxable and the employee will be permitted to claim a tax deduction (or a credit) for contributions up to the cap. The net tax effect of this step should be neutral for both employee and employer. The monthly caps have given rise to some compliance and administrative difficulties for both employers and SARS. These will be investigated to determine whether a legislative intervention is required."
While the current regime seeks to provide relief for those taxpayers contributing to a medical scheme, as well as relief in the event of "catastrophic" health expenditure, it does so inequitably in that the tax benefit associated with deductible allowances is greater for taxpayers in higher income brackets, as a result of the progressive marginal rate structure.
In 2008/09, the total estimated tax benefit of medical deductions and exempt contributions by employers was estimated to be R15.7 billion. This includes 2.65 million individuals benefiting from a medical deduction totalling approximately R7.0 billion, and 39 700 individuals benefitting from disability-related deductions amounting to R389 million. Medical scheme members also benefited from capped contribution allowances paid by employers, with an estimated tax value of R7.4 billion in 2008/09. Medical scheme contributions by employers on behalf of retirees or dependants of deceased former employees accounted for a further tax benefit estimated at R896 million, mainly accruing to taxpayers aged 65 and older.
The proposals contained in this document are designed to maintain this level of tax expense benefit, but seek to spread the benefits more evenly across income groups. The underlying principle behind the proposed policy shift is equity in the tax treatment of medical expenditure, irrespective of the tax bracket into which taxpayers fall. South African personal income tax currently has six brackets, with the marginal rate of tax rising from 18 per cent in the lowest bracket to 40 per cent on taxable income of R580 001 and above (2011/12). The tax benefit associated with medical expense deductions therefore rises with higher taxable income. A tax credit, in contrast, benefits taxpayers with equivalent medical expenses equally, without regard to their taxable income levels.
A tax credit can be a specific amount in rand terms or a calculated value, determined as a percentage of the taxpayer's qualifying medical expenses, for example. The proposed reform incorporates elements of both approaches. A tax credit can be refundable, thus leading to a cash subsidy in the event that tax liability falls below zero. For administrative and fiscal cost reasons this is not proposed at this stage, though it is a possible further step towards a National Health Insurance system.
For the tax treatment of medical expenditure, the South African Income Tax Act currently recognises three classes of taxpayers: those under the age of 65 years, those 65 years and older, and those who have a disability or who have an immediate family member with a disability. Section 18 and related provisions of the Act, which define qualifying medical expenses and limitations on the quantum of deductible allowances, are reproduced in Annexure A, and are summarised in Annexure B.
As provided for in section 18(1)(a) and 18(2)(c)(i) of the Income Tax Act, taxpayers may deduct their contributions to registered medical schemes or funds with similar provisions, subject to monthly caps that are adjusted annually.1 Such contributions may be for the benefit of the taxpayer, his or her spouse and any other dependant2 as defined in the Medical Schemes Act, 1998. Employer contributions to employee medical schemes are added to the taxable income of the employee as a fringe benefit. Employees (taxpayers) can claim a deduction of medical scheme contributions up to the capped amounts, regardless of whether these contributions are made by the employee or by the employer on his or her behalf. The capped amount deduction is available to medical scheme (or similar fund if abroad) members only.3 1The capped amounts for 2011/12 are R720 per month for the taxpayer and first dependant and R440 for each additional dependant.
any other person who, under the rules of a medical scheme, is recognised as a dependant of a member.
3The relevant sections are s18(1)(a) and s18(2)(c).
Taxpayers who do not have medical scheme membership can deduct qualifying out-of-pocket medical expenses to the extent that such expenditure exceeds 7.5 per cent of taxable income (section 18(2)(c)(ii) of the Income Tax Act). This relief is also available to medical scheme members, to the extent that the aggregate of the disallowed medical scheme contributions and out-of-pocket qualifying medical expenses exceed 7.5 per cent of taxable income. Such expenses must relate to the taxpayer, his or her spouse or his or her children, or any dependant of the taxpayer if the taxpayer is a member of a medical scheme and that dependant is, at the time such amounts are paid, admitted as a dependant of the taxpayer in terms of that scheme or fund.
Section 18(2)(a) of the Income Tax Act sets out the medical expenses tax treatment for taxpayers who are 65 years of age or older. (Persons over the age of 65 constitute about eight per cent of taxpayers subject to assessment.) He/she may claim all out-of-pocket qualifying medical expenses and contributions to a registered medical scheme in full as a deduction with no capped amounts restriction. Such expenses must relate to the taxpayer, his or her spouse or his or her children, or any dependant of the taxpayer if the taxpayer is a member of a medical scheme and that dependant is, at the time such amounts are paid, admitted as a dependant of the taxpayer in terms of that scheme or fund.
In terms of section 18(2)(b) of the Income Tax Act, where the taxpayer, or his/her spouse or child is a person with a disability,4provided the disability is confirmed by a duly registered medical practitioner in terms of defined criteria, all contributions to a registered medical scheme may be claimed as a deduction. These contributions are not subject to any capped amounts. In addition, any out-of-pocket expenditure on qualifying medical expenses can be deducted from the taxpayer's taxable income in full. (If the taxpayer supports a non-immediate family member/friend who is a person with a disability, the full deduction is not permitted: such qualifying expenses can only be deducted to the extent that they, in aggregate with the disallowed contributions, exceed 7.5 per cent of the taxpayer's taxable income.
4Defined in s18(1)(d).
Table 1 illustrates how the current deductions framework is applied, for taxpayers in different income brackets, with or without medical scheme membership. Cases 1-7 are taxpayers under the age of 65, with a dependent spouse and two children; cases 8-10 are taxpayers over age 65 or with a disability or a disabled dependent. The calculations take into account the 2011/12 medical scheme contribution caps, i.e. R720 each per month for the taxpayer and first dependant and R440 for each additional dependant. The capped allowable annual deduction for a family of four is R27 840.
Tax relief through the current medical deductions system provides relief for those taxpayers contributing to a medical scheme, though the benefit is greater for higher income groups as a higher marginal tax rate results in a greater reduction in tax liability. In effect, the tax saving is equal to the product of the taxpayer's marginal rate and the allowable medical expenses deductions.
The tax saving associated with out-of-pocket expenditure (or medical scheme contributions in excess of the deductible cap) depends on two partially offsetting factors - the expenditure threshold of 7.5 per cent of taxable income, and the marginal tax rate, both of which rise with taxable income. The examples included in table 1 illustrate how increased tax relief arises from higher out-of-pocket expenditure, for taxpayers in the same taxable income bracket.
Table 1 illustrates that taxpayers aged 65 and above or with dependants with a disability, or who themselves have a disability, benefit from substantial relief relative to taxable income, and by comparison with taxpayers under the age of 65. It should be noted that this benefit includes tax relief related to medical expenditure on dependants who are not over the age of 65 or have a disability. Taxpayers under the age of 65 do not qualify for corresponding relief in respect of medical expenditure associated with dependants over the age of 65.
Purpose-specific tax relief measures are included in most personal income tax systems of other countries. Such measures can take the form of exempt income, deductible expenses, tax rebates or tax credits. Tax relief is commonly provided for medical expenditure or health insurance, though there is considerable variation internationally in the form and extent of such measures.
Allowing medical expenses as a deduction from taxable income is, in effect, a recognition of these outlays as in part a "necessary cost" incurred in the maintenance of an individual's productive capacity, or the household's fundamental wellbeing. The underlying notion is that health-related expenditure is akin to a production cost rather than a discretionary consumption outlay in the household accounts. It places households on an equivalent footing for tax purposes, after recognition of medical expenses or insurance contributions as a deduction from income.
While this gives expression to horizontal tax equity in this respect, it has unsatisfactory consequences from a vertical equity point of view. In a progressive tax system (such as the South African personal income tax system), the net tax relief afforded through a deduction of qualifying expenditure provides greater benefits to higher income taxpayers. A system of rebates or tax credits, in contrast, results in tax relief that is equitable across income groups - the underlying idea is that the fiscus should contribute to household medical expenditure on the basis of health needs, irrespective of income or economic output. The international tendency is to move away from tax deductions to tax credits or rebates as relief measures consistent with the recognition, in respect of medical expenses, of the priority of vertical over horizontal equity considerations.
The argument that in a progressive tax system there should also be a rising marginal value of the health expense benefit (ie a regressive tax expenditure) is therefore not valid on three grounds. Health needs are inversely related to income. Medical insurance (and therefore pooling of risks) is available to the rich. Thirdly, it is economically inefficient to distort the price of health expenditure by a greater margin for the rich than for the poor.
It seems clear, furthermore, that household expenditure on medical care and services involves both necessary and discretionary outlays. Concern about the impact of tax relief on the demand for health services provides further grounds for adopting a credit or rebate rather than a deduction regime.
The essential difference between deductions and credits in a personal income tax (PIT) system can be straightforwardly illustrated. Following Howell Zee,5 if a country has a single rate (Ï) governing its PIT regime, then the value of the tax credit (c) is equivalent to a deduction (d), where c = Ï·d. If the PIT has multiple rates, the value of a deduction will depend on the taxpayer's applicable marginal rate - the higher a taxpayer's marginal rate, the more valuable the given deduction. However, the value of a specific credit (c) remains the same irrespective of the taxpayer's marginal rate of taxation.
5Zee, H.H. 2005. Personal Income Tax Reform: Concepts, Issues, and Comparative Country Developments. IMF Working Paper - WP/05/87 6Smart, M & Stabile, M. 2003. Tax Credits and the Use of Medical Care. NBER Working Paper No. 9855 7Reuber, G. &Poschmann, F. 2002. For the Good of the Patients: Financial Incentives to Improve Stability in the Canadian Health Care System. C.D. Howe Institute.
It follows that a deduction regime has the unintended effect of disproportionately encouraging health expenditure by higher income taxpayers. This distortion has no obvious useful purpose - indeed, it arguably contributes to over-consumption or unnecessary utilization of scarce health resources. Smart & Stabile6 argue that "Despite the fact that many countries allow individuals to deduct some portion of their direct medical expenses from taxable income, the elasticity of demand for medical care and medical insurance in such contexts remains at best poorly understood".
A review of the options in the Canadian context (Reuber & Poschmann7) concludes that a tax credit provides a more satisfactory approach because it is easier to administer than other options, and it can be designed to provide individuals with appropriate incentives relating to health care management while contributing significantly to the fairness and financial stability of the public health funding system. It should also be noted that medical tax credits can either be refundable or non-refundable. Non-refundable medical tax credits cannot reduce the amount of tax owed by a taxpayer below zero. The tax credit must be deducted from the tax liability and cannot be rolled over or result in a refund when it amounts to more than the tax liability. A refundable credit is more complex and expensive to administer, as it has the effect of extending a fiscal subsidy to households who fall below the income tax threshold.
In exploring options for the reform of South Africa's tax treatment of medical expenses, practice in other countries provides useful points of comparison. Medically-linked tax credits are available in several other countries, including Canada, the Republic of Ireland and the United States of America. Key features of the approaches adopted in these countries are noted below.
Canada provides health expenditure relief through three medical tax credits: the medical expense tax credit, the non-refundable disability credit and the attendant care expense deduction. A notable feature of the Canadian system is that the tax credit applies equally to premiums for private health insurance plans and to taxpayers' out-of-pocket medical expenses.
The Canadian medical expense tax credit is a non-refundable credit, calculated as 15 per cent (the lowest tax rate) of the allowable portion of medical expenditure. The allowable portion of qualifying expenditure is the portion that exceeds the lesser of 3 per cent of the individual's net income for the year or an indexed dollar threshold (CAD 2 052 in 2011). There is no limit on the amount of eligible expenses a taxpayer can claim for himself or herself, a spouse or common-law partner or a child under 18 years of age. There is currently a CAD 10 000 limit applicable to a "dependent" relative; however, Budget 2011 proposes to remove this limit on eligible expenses that can be claimed under the Medical Expenses Tax Credit in respect of a dependent relative. Qualifying expenses can include expenditure incurred outside of Canada. A refundable credit is available to low-income workers who incur high medical expenditures.
The Republic of Ireland has adopted an interesting approach to co-funding health insurance through the fiscus: 'tax relief at source' is granted for premiums paid to authorised private health insurance schemes by requiring subscribers to pay 80 per cent of the gross amounts, which is equivalent to a medical tax credit of 20 per cent. Further medically linked tax credits are available in specific circumstances - people aged 50/older, incapacity, blindness, and the requirement of a home carer or guide dog.
The United States has a form of medical credit called the Health Coverage Tax Credit (HCTC), targeted at specific categories of lower income taxpayers. This benefit pays 80 per cent of a qualified health plan premium for eligible individuals.8 8In order to be eligible, certain requirements must be met and taxpayers must have a qualified health plan.
A more detailed account of the medical tax credit arrangements in these three countries is included as Annexure D.
In considering options for the conversion of South Africa's medical expense deduction into a tax credit arrangement to achieve greater equity in the taxation system, account must be taken of the intended phasing in of a National Health Insurance system, through which funding for agreed health benefits will be shared and pooled across the community at large.
Alignment with National Health Insurance objectives -Tax relief for medical expenditure should be adapted, over time, to support the phasing in of National Health Insurance.
Fairness -Taxpayers must contribute to the fiscus in proportion to their ability to do so. Therefore people of equivalent means must pay equivalent amounts of taxes.
Affordability and fiscal sustainability - Tax relief must be provided in a way that does not cause undue pressure on the fiscus. While greater tax relief will assist taxpayers more, it may not be sustainable to the fiscus in terms of cost, and may cause distortions in the allocation of scarce resources.
Administrative simplicity - Tax policy must be understandable to taxpayers, and also simple to administer. Administrative simplicity is more cost efficient, and leaves fewer opportunities for dispute.
The proposed shift to a system of medical expense tax credits will result in a medical scheme contribution tax relief system that is more equitable across income groups. Present tax arrangements are not fully satisfactory, in that the value of tax relief depends on the tax bracket and hence the income level of taxpayers.
It should be noted that medical expense tax relief benefits households mainly in the upper quintile of the income distribution: whether as members of medical schemes or not, the relief is accessible only to individuals whose incomes are above the tax threshold.
It is therefore pertinent to take public expenditure on health services, of about R78 billion in 2008/09, as a relevant benchmark. This amounts to about R1600 a year per person, or R1950 a year for South Africans who are not covered by medical scheme membership. The present tax relief deductions, expressed as tax foregone per medical scheme beneficiary, amounted to an estimated R1 600 per person in 2008/09.
The overall tax relief on medical expenses is therefore broadly proportional on a per capita basis, by comparison with public expenditure on health services targeted at those without medical scheme coverage. The overall structure of health financing arrangements is redistributive, in that public health services are financed from general tax sources rather than membership contributions or patient fees.
The equity impact of the proposed medical expense tax credit regime could be further enhanced were it extended to include a refundable credit, available to contributors below the tax threshold.
Tax relief for households confronted with high medical expenses, at a declining rate as taxable income increases.
The establishment of National Health Insurance will involve far-reaching changes to arrangements in both the public and private sectors. A level playing field between the public and the private sectors in the provision of hospital care and medical services will require substantial restructuring of the organisation and tax treatment of health services. The role of medical schemes and the regulatory framework to which they are subject will undergo further reform. The details of these changes have not yet been fully elaborated. The reform will in due course result in a pooled, universal funding framework for medical services, either as a single fund or a multi-payer arrangement.
The implications for the tax system are not yet clear and the tax treatment of income-related contributions, if required, have yet to be determined. Without pre-empting the specific form or tax implications of the future National Health Insurance system, therefore, the proposed reform is consistent with its objectives and principles. The shift to tax credits will also facilitate the transition of medical schemes into a National Health Insurance framework, in that the fiscal contribution is transparent, equitable and limited, and likely to be in line with or less than overall insurance costs per person.
At present, contributory medical schemes and employer-funded health benefit arrangements provide health insurance or managed health services to less than 20 per cent of the population. Benefits and membership costs vary considerably, though registered medical schemes are obliged through prescribed minimum benefit regulation to cover diagnosis and treatment of some 300 specified conditions, including medical emergencies and scheduled chronic conditions. For those who do not have medical scheme insurance, public hospitals, clinics and health centres provide services and medicine that are largely free at the point of service, paid for out of general government revenue. Use of private health services in the event of serious medical or surgical needs is prohibitively expensive in the absence of medical scheme cover, and in critical cases can lead to impoverishment.
The approach proposed for this reform of the personal income tax is to keep the tax treatment of medical expenditure simple and adaptable, to align relief to clear health policy objectives and to ensure that arrangements are equitable and proportionate, taking into account affordability across the entire community and not limited to the present medical scheme client population.
Tax relief for supplementary medical scheme contributions and out-of-pocket medical expenses is likely to fall away under the NHI system, though a transitional period of phasing-out might be required. As an interim step towards National Health Insurance, it is proposed that the present medical expense deductions should be replaced by tax credits that are equitable in treating taxpayers equally irrespective of their taxable income bracket, and that are broadly proportional in value by comparison with an affordable level of national health expenditure.
Extension of the proposed reform to allow for a refundable medical scheme contribution credit is not administratively feasible at present, but is a possible further future step towards a multi-payer National Health Insurance system, should that be the preferred way forward.
Similar to being equitable in terms of aligning tax relief to medical expenditures, policies also need to be fair in terms of taxpayers' ability to pay. In a progressive tax system such as South Africa's, it is important that individuals pay tax according to their income level and means. The same principle should apply for tax relief, and income considerations should play a more important role than other considerations. Fairness can also be applied to rewarding behaviour that is in line with government objectives (eg saving or providing for health insurance).
Annexure C indicates that tax revenue foregone associated with medical expense deductions amounted to about R15.7 billion in 2008/09, mainly in respect of the capped deductibility of contributions to medical schemes. The South African personal income tax yielded about R195 billion in revenue in 2008/09. The tax benefit was equivalent to about 6.7 per cent of PIT revenue, and about 12 per cent of estimated total private health expenditure. It needs to be considered whether this scale of relief is equitable and proportional relative to other pressing obligations of the fiscus.
It also needs to be considered that healthcare spend as proportion to disposable income has been increasing, and all indications are that this trend will continue. Extending or even expanding on the current tax relief afforded to taxpayers may not be affordable going forward, and a balance will have to be found between assisting individuals with medical expenditures, without causing distortions to the overall fiscal resource allocation.
Tax policies should be designed to collect revenue in a manner that is timely and convenient to taxpayers, as well as simple to understand. In line with this, tax relief mechanisms also need to be clear to taxpayers, since simplicity and clarity lead to better tax compliance, and fewer tax disputes. It also leaves less room for abuse and avoidance.
From an administrative point of view, the South African Revenue Service (SARS), as well as employers, would prefer a tax system that is easy to manage and comply with. A complex policy puts strain on information systems and administrative capacity, leading to cost escalations and errors. Administering a hybrid system (between deductions and credits) may cause some of the problems noted above, and may not be a sustainable solution in the long run.
In light of the objectives outlined above, a movement from a system of medical deductions to one of medical tax credits is proposed.
This proposal discussed below is for implementation in 2012, and is incorporated in the 2011 TLAB.
In the absence of a comprehensive National Health Insurance arrangement, which is being phased in over several years, medical scheme membership is in effect a "merit good", through which households pre-fund a substantial share of their medical expenditure. In so doing households pool risks with other households and gain access to networks of health care providers under terms that are to some degree negotiated or overseen on their behalf by health funding organisations and their administrators. Medical scheme (or insurance) contributions also assists in relieving the public health system of part of the burden of the cost of health services, in respect of those who can afford such coverage.
South Africa's Medical Schemes Act and the regulatory oversight of the Medical Schemes Council provide protection to medical scheme members through governance and prudential standards, prescribed minimum benefits and effective prohibition of "risk-rating" or discrimination between members on the basis of age or health status.
The outcome of these provisions is that there is considerable cross-subsidisation within medical schemes, between younger and healthier contributors and the elderly and unwell. Drawing on South African Medical Scheme Council data, Annexure E illustrates that the average claims cost related to prescribed minimum benefits is about three times higher for those aged 65 and higher, than for medical scheme beneficiaries below 65. Fiscal encouragement of medical scheme membership gives practical effect to the social solidarity benefit of this cross-subsidisation.
Without fiscal inducement, or mandatory membership, participation in medical scheme risk-pooling by the young and healthy would be less than optimal. This results in part from short-sighted behaviour, or a tendency to under-estimate health risks and associated costs, but also from the exercise of choice among benefit options and timing of medical scheme membership, taking into account self-knowledge of health and lifestyle risks. Favourable tax treatment of medical scheme contributions provides a convenient way of encouraging medical scheme membership and offsetting under-insurance, under circumstances where mandatory participation may not be realistic or affordable.
It is proposed that this favourable tax treatment should take the form of a medical scheme contribution tax credit, set at fixed rand amounts per month for members and additional beneficiaries, and adjusted annually for inflation. Taking into account that medical scheme contributions paid by an employer are included as fringe benefits in taxable income, the contribution credit will apply irrespective of whether contributions are paid by the member or his or her employer. As the credit is a fixed amount, the contribution tax credit rate, as a percentage of the member's contribution, will be higher for lower-cost medical scheme options. This arrangement avoids any distorting impact on the marginal cost to consumers of medical scheme membership.
The proposed medical scheme contribution tax credit is R216 a month each for the member (taxpayer) and first dependant, and R144 a month (two-thirds of the member credit) for each additional dependant (in 2011/12 prices). This is broadly equivalent to the present medical scheme contribution deduction for taxpayers in the 30 per cent marginal tax rate bracket (taxable income of R235 001 - R325 000 in 2011/12) and more favourable for lower-income taxpayers. It is somewhat less favourable for taxpayers in higher income brackets (35%, 38% and 40% marginal tax rates).
Importantly, these amounts will reduce a taxpayer's tax liability, not taxable income as is the case for deductions. Table 2 illustrates the monthly and annual medical scheme contribution credit for a family of four.
Table 3 compares the impact of the medical scheme contribution tax credit for a family of four, with the present capped deduction allowance, at different income levels. It is clear from Table 3 that a deduction reduces a taxpayer's taxable income, while a tax credit reduces the taxpayer's tax liability.
Treasury estimates indicate that a contribution tax credit equivalent to about 22 per cent of the current capped amounts would have a similar overall cost to the fiscus as the present deduction, so that in aggregate, and for the majority of taxpayers, the proposed tax credit will bring greater tax relief than the present arrangement.
For fiscal cost and administrative reasons, the proposed medical scheme contribution credit will be non-refundable. It is recognised that there is merit in the case for a refundable arrangement, as this would benefit income-earners at or below the tax threshold and would thus further promote access to medical scheme membership. However, this is not envisaged at this stage. There is also merit in the "tax credit at source" arrangement followed in the Republic of Ireland, which provides for a direct flow of funds from revenue to the medical scheme and thereby a discounted premium collected from the member or employer. The administrative platform envisaged for the intended Medical Schemes Risk Equalisation Fund may prove to be a practical vehicle for implementing this arrangement in South Africa. These options warrant further exploration.
The 2011 TLAB expands on the benefit of a tax credit by proposing that a new non-refundable supplementary medical scheme contribution credit should be introduced, comprising R216 a month for medical scheme members (taxpayers) or dependants who are aged 65 and older, and for a medical scheme member or beneficiary who has a disability, as defined in terms of the Income Tax Act. This supplementary credit benefit will be limited to one credit per person, with no double claim for persons who are aged 65 or above and have a disability. This credit will be also be available to a taxpayer (who may be under 65 and with no disability) whose medical scheme dependants include a person or persons aged 65 and above or with a disability, subject to appropriate administrative controls. It will assist elderly taxpayers to remain in medical scheme membership after retirement, while also reducing the cost to taxpayers as medical scheme beneficiaries. This proposal is intended to take effect on 1 March 2012.
The medical scheme contribution and supplementary credits will be adjusted for inflation annually and taxpayers will be eligible for the medical scheme tax credit if they belong to a qualifying medical scheme. Additional medical scheme contributions in excess of four times the primary medical scheme credit, will be deductible in addition to out of pocket deductions.
Public comment is invited for this proposal as part of the public comment for the Draft 2011 Taxation Laws Amendment Bill, particularly on the shift towards a credit system, as well as the thresholds used like the R216 limit for the two adults and R144 for a maximum of two dependents, as well as the R216 limit for the supplementary medical scheme contribution credit. The deadline for comments on this proposal is extended to 22 July 2011.
The National Treasury is also seeking a second round of public comments on how to shift from the current system of dealing with catastrophic and out-of-pocket medical expenses towards a credit system, and how and when to effect this change.. Under consideration is whether to shift to a pure credit system for all types of medical expenditure over and above medical scheme contributions. As noted above, these deductions currently vary for those 65 years and older, and for those with a disability, compared to those under 65 years. In seeking public comments, the National Treasury provides possible options to facilitate consultations. Comments should be submitted to the National Treasury by 31 October 2011, which the National Tresaury will take into account when making further proposals in the next or future budgets.
Medical schemes and National Health Insurance arrangements are by design intended to protect individuals and households against unexpectedly high costs associated with health risks. However, even comprehensive medical benefit packages cannot provide complete protection against all possible medical contingencies. In the event of serious injury or illness, households can find themselves confronted with substantial medical expenditure or co-payments over and above their medical scheme benefits. For both those without insurance, and for taxpayers whose medical scheme membership does not fully cover necessary medical expenditure, there is a need for tax relief in the event of large medical outlays that cannot be met from disposable income without hardship.
The current deduction system is meant to provide tax relief for households forced to spend significantly for catastrophic medical expenses, to the extent that such expenditure exceeds 7.5 per cent of taxable income. The 7.5% limit does not apply to those 65 years and over, and for those with disabilities.
Preserving the current system for out-of pocket medical expenses will not only introduce inconsistencies but will mean that SARS will have to then administer a hybrid system involving both credits and deductions for medical expenditure. For this and other reasons, this hybrid system is not preferred by the National Treasury. Given the shift to credits envisaged for medical scheme contributions, the question arises as to why all other deductions should also not be converted into appropriate credits. Instead, the National Treasury believes that the question is rather how best and when to implement the shift to a full credit system - in doing so, National Treasury seeks to implement a fair but also sustainable system, which will take the interests and concerns of vulnerable groups into account.
The second consideration is to ensure that the credit system is more equitable. Under the current system, the unlimited medical deduction for those over 65 years or older, or for those with a disability, would also apply to high income persons. The question arises from an equity and affordability (for the fiscus) perspective, as to whether the medical expenditure claims should not be capped for all high income individuals.
In addition, the current system is more beneficial towards those contributing towards medical schemes. The future proposals maintain this approach, as one of the policy aims is to make it more affordable for people across income groups to contribute to medical schemes. If individuals that can afford it belong to medical schemes, then they will not become dependent on the state when they are in need of costly medical care. This reduces pressure on the public healthcare system, better enabling the system to assist those below the income tax threshold. This approach will also strengthen the shift towards the National Health Insurance, as it lays the foundation for the tax system to support such a policy shift.
In order to facilitate public comment, the following options are presented. They are illustrative of the different ways that the credit system can be implemented or phased in. The options also differentiate between firstly those under 65 years (one option B), and those 65 years and older (two options D and E). People with disability are also covered by the options applying to those 65 years and older. Though the thresholds used are for illustrative purposes, the National Treasury is of the view that a fiscal contribution of 25% of costs above an agreed income threshold, is a reasonable and appropriate level of assistance, and affordable from the perspective of the fiscus.
As noted above, the deductions for persons under 65 years takes the form of a deduction allowance in respect of qualifying medical expenses in excess of 7.5 per cent of taxable income. One illustrative option is presented (option B), which should be compared with Option A which reflects the current position.
The current system limits the extent to which individuals can claim out of pocket expenditure.
The current system is affordable and fiscally sustainable for now, but still costs the fiscus R15.7 billion (2008/2009). Since it does encourage medical scheme membership, pressure on the public healthcare budget is reduced.
SARS will be expected to administer a dual system of both tax credits and deductions.
In this option the current deduction system is replaced with a non-refundable medical expenses tax credit for qualifying out-of-pocket medical expenditure incurred during the year of assessment, together with medical scheme contributions in excess of (say) four times the medical scheme contribution tax credit. This credit will be allowed to the extent that the aggregate of such expenditure exceeds (for example) 10 per cent of taxable income. The credit is calculated as 25 per cent of such excess expenditure.
This is by design a redistributive tax measure, in that for the same quantum of medical expenses in a year of assessment, the medical expenses tax credit declines as a percentage of taxable income with rising income.
A somewhat higher threshold relative to taxable income than in the present deduction arrangement is proposed for three reasons. Administrative and compliance simplicity, firstly, argues for a higher threshold. Account is taken, secondly, of the steadily rising share of health expenditure in household consumption, making fiscal relief more sustainable only at a higher level of medical expenditure.
Thirdly, account is taken of the enhanced relief for the majority of taxpayers in the proposed medical scheme contribution credit. On affordability grounds, it is proposed that this should be offset by somewhat higher thresholds for catastrophic expenditure relief.
Table 4 illustrates the impact of the proposed medical expenses tax credit (Option B), by comparison with the present qualifying medical expense deduction (Option A). It clearly illustrates the redistributive effect of medical tax credits, with lower income taxpayers in the 18 per cent bracket being significantly better off. Conversely, taxpayers in the 30 and 40 per cent tax bracket will benefit less under medical tax credits. In the example, a conversion rate of 25 per cent is used. If a higher rate (such as the 30 per cent used for medical scheme contributions) is used, the impact on the higher income groups would be less pronounced, while those in the lower income brackets would benefit even more.
Tax relief for medical expenditure incurred by those aged 65 and over takes into account both that health risks rise in old age, and that the elderly typically rely on limited income. It is also recognised that, outside of the public service, employer-sponsorship of medical scheme membership after retirement is in decline. There are self-evident financial sustainability difficulties with post-retirement medical scheme contributions as an employment benefit, and so alternative arrangements need to be sought. Similarly, persons with disabilities are recognised as having higher than average medical expenditures, and therefore also enjoy more generous tax deductions. These principles need to be maintained with any proposed policy options.
As noted above, a balance needs to be sought between assisting these vulnerable groups, while also taking into account the principle of fairness in terms of ability to pay. Currently even high income individuals benefit from the generous tax relief related to out of pocket medical expenditure. In effect, this group is cross subsidised by individuals below the age of 65 years, including those of lesser means. Consideration needs to be given about the sustainability of such a policy, also from an affordability point of view. In moving towards a more equitable medical credit system, with a new supplementary medical scheme contribution credit for persons 65 years and older, former employer contributions to medical scheme membership should also be taken into account when determining the taxable income of retired persons. Vulnerability should also be linked more to limited incomes, especially as the introduction of the supplementary medical scheme contribution credit will significantly improve the affordability of medical scheme membership, which provides risk protection and hence reduces vulnerability. The announced shift to a national health insurance system (once fully implemented) will be a far more powerful vehicle for reducing vulnerability.
A key focus on the shift to a credit system for persons aged 65 years and older, and for persons with a disability, is on how the thresholds used in the illustrative options will affect vulnerable groups. Two policy options (D and E) are presented below, and should be compared with Option C which reflects the current position.
A taxpayer aged 65 or above and those with disabilities can currently claim all contributions to a medical scheme and out-of-pocket medical expenditure as a deduction, without reference either to the capped amounts or the 7.5 per cent of income threshold. Expenditure related to a spouse or dependants included in a medical scheme may be included, irrespective of the age of such dependants. In addition, medical scheme contributions by a former employer on behalf of retired persons are also excluded from taxable income of the beneficiary.
While there are benefits to the current system, there are some challenges and difficulties. As noted, currently there is no deductions threshold for persons over the age of 65 or for those with disabilities in terms of claiming out of pocket medical expenses; given that additional tax relief is provided through the supplementary credit, the fairness and affordability of having an unlimited out of pocket claims dispensation needs to be considered, particularly for high-income beneficiaries. Further, the above arrangement will require a hybrid administrative system, where SARS will be expected to administer both a credit and deductions system for different categories of persons.
Option D: Convert the current deduction system into a tax credit system, and introduce a zero per cent threshold, for persons 65 years and older or with a disability.
While basically similar to the status quo, the crucial difference is the fixed amount of relief that a tax credit will provide, as opposed to the marginal relief currently afforded. The rate at which it is set, will determine its redistributive impact from higher to lower tax brackets. Table 5 uses a 25 per cent medical expenses tax credit rate as an example.
Eliminates the dual system administrative problem.
Is negative from a fiscal sustainability point of view.
Does not affect this group of taxpayers too adversely, and in effect maintains the status quo in terms of their tax status.
It is however not necessarily fair towards younger taxpayers, who are subsidising older taxpayers, including affluent persons.
Option E: For persons 65 years and older, or with a disability, convert the current deduction system into a tax credit system, and introduce a threshold which limits out of pocket medical expenses claims to the extent that they exceed (as an example) 5 per cent of an individual's taxable income.
The aim of this policy option is to try and address two issues mentioned before, namely fairness and fiscal sustainability. The current system whereby there is unlimited tax relief for out-of-pocket medical expenses for those aged 65 years and above, and those with disabilities, is not fair towards lower income individuals who do not fall into those categories, and are subjected to an income threshold. Also, unlimited tax relief is costly to the fiscus, and can cause perverse incentives whereby medical providers may be incentivised to charge excessive rates for medical procedures, or perform procedures that are not really necessary. Currently all these expenses are deductible from tax.
A minimum expense threshold, similar to that currently in place for those under 65 years of age, may limit these costs. It may also be more fair in terms of the ability to pay principle. However, a threshold for this group will also have disadvantages.
It will affect people over the age of 65 years, as well as those with disabilities quite negatively across all income groups if they don't belong to a medical aid. It will also affect those on medical schemes negatively if they earn over R 200 000 per year, which seems low. These estimates are based on a 5 per cent threshold, and are presented in Tables 5 and 6. A fair balance between the different sometimes conflicting policy objectives could perhaps be achieved through the phasing in of lower thresholds.
Is positive from a fiscal sustainability point of view, and will offset the costs associated with the introduction of the supplementary tax credit.
Will negatively affect high income taxpayers - for example, if set at 5 per cent of taxable income, the Table below indicates that taxpayers earning R 200 000 or more will be negatively affected. The R200 000 limit is low, but could be increased by lowering the 5 per cent rate.
Table 5 allows for a comparison of the proposed medical credit system and compare it to the current system of deductions, illustrated in Table 6. The illustration includes a 5 per cent taxable income threshold for the medical expenses credit for those aged 65 and above and those with a disability as an example.
It is clear from the above that the issues relating to the tax treatment medical expenses for those 65 years and older, as well as those with disabilities, are complex, and need to be further investigated before proceeding with any new options. For this reason, further consultations will take place with organisations representing the interests of the aged and those will disabilities before making further proposals. Following this process, and greater details on the implementation of the National Health Insurance, a formal proposal is only expected to be presented in the next or future budgets, and will hence only take effect thereafter, possibly with phasing.
A second round of public comment is invited for the three medical credit options presented above on out-of-pocket medical expenses, including for the thresholds and phase-in periods. A formal proposal will be tabled in the next or following Budget thereafter. These proposals are therefore NOT legislated in the Draft 2011 Taxation Laws Amendment Bill. The deadline for comments is 31 October 2011. National Treasury will also facilitate a workshop with key stakeholders to facilitate the public comment process.
Tax liability after medical scheme (incl. supp cr.
Annexure C sets out an estimate of the tax cost of medical expense and disability-related deductions for the 2008/09 year. The estimates are based on the reported deductions for the assessed 69 per cent of taxpayers included in the most recent Tax Statistics report. Grossed up to 100 per cent, these estimates indicate a medical tax deduction benefit to 2.65 million individuals of R7.0 billion in 2008/09, and disability-related benefits to 39 700 individuals amounting to R389 million. Medical scheme members also benefit from capped contribution allowances paid by employers, with an estimated tax value of R7.4 billion in 2008/09. Medical scheme contributions by employers on behalf of retirees or dependants of deceased former employees account for a further tax benefit estimated at R896 million, mainly accruing to taxpayers aged 65 and older. This brings the total estimated tax benefit of medical deductions and exempt contributions by employers in 2008/09 to R15.7 billion.
Annexure C also outlines estimates of the tax cost of the proposed tax credit system, calibrated to 2008/09 values. Medical scheme contribution credits would have amounted to R14.5 billion in 2008/09, supplementary disability and age 65 and over credits would have come to R1.1 billion and above threshold medical expense credits are estimated at R2.1 billion, for a total fiscal cost of R16.7 billion.
The distribution of the tax benefit by income group for the deduction and credit systems is summarised in Table 7. An estimated 68.2 per cent of the tax credit benefit goes to taxable income groups below R200 000 a year, compared with 53.4 per cent in the current deductions system.
It is proposed that a tax credit system should replace the current medical scheme contribution and medical expense deductions. This will achieve greater equity in the tax treatment of medical expenses across income groups, and is a further step towards a community-wide National Health Insurance system. As National Health Insurance is phased in, the tax arrangements will be reviewed and further changes may be made.
ï§ The current system of medical scheme contribution and medical expense deductions will be converted into medical tax credits, governed by broadly similar qualifying rules.
ï§ A medical scheme contribution credit will be available to taxpayers who belong to a medical scheme, set at a fixed amount per month for the taxpayer and first dependant, and two-thirds of this amount for additional dependants, adjusted annually for inflation. In 2011/12 values, amounts of R216 a month for the taxpayer and first dependant, and R144 a month for additional dependants, are proposed.
ï§ A supplementary medical scheme contribution credit of R216 a month is proposed for members or dependants aged 65 and above, and members or dependants with a disability.
ï§ Additional consultation relating to out-of-pocket medical expenses will be conducted until 31 October 2011, and will be further refined and presented as proposals in the next or future Budgets. The status quo regarding deductions of this nature will be maintained until then. Further, for taxpayers aged 65 years and older and those with disabilities, the out-of-pocket policy changes will be adopted after an appropriate consultative process with representative groups. Until such time, the status quo for this group will be maintained.
ï§ Some illustrative options regarding the tax treatment of out of pocket expenses are presented in this document, and public engagement is sought in order to further refine these.
ï§ Medical tax credits will be non-refundable. Once the proposed medical schemes risk equalisation fund is in place and as a further step in National Health Insurance reform, and subject to practicality and affordability, the possibility of extending the benefit of the medical scheme contribution tax credit to those who fall below the tax threshold or who qualify for credits that exceed their tax liability may be considered.
The medical scheme contribution credit and supplementary tax credits are intended to come into effect on 1 March 2012, subject to the public consultation process and Parliamentary approval. Future proposals specifically related to out of pocket medical expenditure will be implemented after wider consultation.
The medical scheme contribution credit and supplementary medical scheme tax credit as included in the Tax Laws Amendment Bill of 2011. Public comments are invited by 22 July 2011.
Period for consultation on the tax treatment of out of pocket medical expenses. Public comments are invited by 31 October 2011.
Section 18 of the Income Tax Act No.
Deduction in respect of medical and dental expenses.
any contributions made by that taxpayer in respect of the year of assessment in respect of that taxpayer, his or her spouse and any dependant, as defined in section 1 of the Medical Schemes Act, 1998 (Act No.
any expenditure that is prescribed by the Commissioner (other than expenditure recoverable by the taxpayer or his or her spouse) necessarily incurred and paid by the taxpayer in consequence of any physical impairment or disability suffered by the taxpayer, his or her spouse or child, or any dependant of the taxpayer contemplated in paragraph (b) (i).
the sum of all amounts contemplated in subsection (1) (b), (c) and (d), as in the aggregate exceeds 7,5 per cent of the taxpayer's taxable income (excluding any retirement fund lump sum benefit and retirement fund lump sum withdrawal benefit) as determined before allowing any deduction under this subparagraph.
12A. (1) The cash equivalent of the value of the taxable benefit contemplated in paragraph 2 (i) is the amount of any contribution or payment made by the employer in respect of a year of assessment, directly or indirectly, to any medical scheme registered under the Medical Schemes Act, 1998 (Act No. 131 of 1998), or to any fund which is registered under any similar provision contained in the laws of any other country where the medical scheme is registered, for the benefit of any employee or dependants, as defined in that Act, of that employee.
Where any contribution or payment made by an employer contemplated in subparagraph (1) is made in such a manner that an appropriate portion thereof cannot be attributed to the relevant employee or his or her dependants, the amount of that contribution or payment in relation to that employee and his or her dependants is deemed, for purposes of subparagraph (1), to be an amount equal to the total contribution or payment by the employer to the fund during the relevant period for the benefit of all employees and their dependants divided by the number of employees in respect of whom the contribution or payment is made.
If the Commissioner is in any case satisfied that the apportionment of the contribution or payment amongst all employees in accordance with subparagraph (2) does not reasonably represent a fair apportionment of that contribution or payment amongst the employees, he or she may direct that the apportionment be made in such other manner as to him or her appears fair and reasonable.
The exercise by the Commissioner of his discretion contemplated in subparagraph (3) shall be subject to objection and appeal.
a person who during the relevant year of assessment is entitled to a rebate under section 6 (2) (b)(ie taxpayers over age 65).
12B. (1) The cash equivalent of the value of the taxable benefit contemplated in paragraph 2 (j) is the amount incurred by the employer during any month, directly or indirectly, in respect of any medical, dental and similar services, hospital services, nursing services or medicines in respect of that employee, his or her spouse, child or other relative or dependants.
Where the payment of any amount contemplated in subparagraph (1) is made in such a manner that an appropriate portion thereof cannot be attributed to the relevant employee and his or her spouse, children, relatives and dependants, the amount of that payment in relation to that employee and his or her spouse, children, relatives and dependants is, for purposes of subparagraph (1), deemed to be an amount equal to the total amount incurred by the employer during the relevant period in respect of all medical, dental and similar services, hospital services, nursing services or medicines for the benefit of all employees and their spouses, children, relatives and dependants divided by the number of employees who are entitled to make use of those services.
resulting from the provision of medical treatment listed in any category of the prescribed minimum benefits determined by the Minister of Health in terms of section 67 (1) (g) of the Medical Schemes Act, 1998 (Act No.
are not beneficiaries of a medical scheme registered under the Medical Schemes Act, 1998 (Act No.
where the services are rendered by the employer to its employees in general at their place of work for the better performance of their duties.
Contributions made by a taxpayer (i.r.o.
any medical scheme registered under the Medical Schemes Act, 1998 (Act No.
any fund registered under similar provision in any other country.
dependant of the taxpayer as defined in section 1 of Medical Schemes Act, 1988 (Act No. 131 of 1998) (i.e. dependent child or other members of the taxpayer's immediate family i.r.o.
health professionals (incl.
nursing home or hospital or any nurse, or midwife or nursing assistant i.r.o.
pharmacist for medicines prescribed by any duly registered health professional.
taxpayer'sdependant admitted as a dependant of the taxpayer i.r.o. the medical scheme at the time the amount is paid(any other person who, under the rules of a medical scheme, is recognised as a dependant of a member).
taxpayer'sdependant admitted as a dependant of the taxpayer i.r.o. the medical scheme at the time the amount is paid (any other person who, under the rules of a medical scheme, is recognised as a dependant of a member).
Note: The disability must first be confirmed by a duly registered medical practitioner in terms of a diagnostic criteria (Form ITR-DD) prescribed by SARS before a full deduction may be allowed. Failure to confirm disability will result in the total qualifying expenses being subjected to a limitation (pls see section 18(2)(c) below).
Note: Additional dependants are not included and expenses relating to such people are subject to the limitations.
Contributions made by the taxpayer i.r.o section 18(1)(a) as does not exceed capped amounts.
employee contributions [18(1)(a)] in excess of the capped amount (i.e.
sum of all expenses qualifying under 18(1)(b);(c) and (d), as in aggregate exceeds 7.5% of the taxpayer's taxable income (excluding retirement fund lump sum benefit and retirement fund lump sum withdrawal benefit) as determined before allowing any deduction under this subparagraph (i.e. as determined after allowing 18(2)(i) deduction).
an employer of such taxpayer, to the extent that the amount has been included in the income of that taxpayer as a taxable benefit i.r.o. the 7th Schedule, is deemed to have been paid by that taxpayer.
The benefit to taxpayers of the deductibility of medical scheme contributions and medical expenses, and the corresponding tax revenue foregone, are estimated below for the 2008/09 year.
Table C1 sets out the cost to the fiscus of medical scheme contribution and expense deductions by individual taxpayers in 2008/09. These estimates are based on assessed returns of 69 per cent of taxpayers, as published in the 2010 Tax Statistics. Grossed up to 100 per cent, the statistics indicate that 2.65 million taxpayers, or 51 per cent of all taxpayers liable for assessment, qualified for medical deductions amounting to R29.2 billion, at a tax cost to the fiscus of just over R7 billion.
Table C2 indicates that an estimated 37 000 taxpayers qualified for medical expense deductions associated with a disability of the taxpayer or a dependant. R1.5 billion was allowed in deductions, at an estimated tax cost of R389 million.
These allowances take into account medical scheme contributions and medical expenses paid out-of-pocket by the taxpayer, and medical scheme contributions paid by employers in excess of the allowed capped medical contribution amounts of R570 a month for medical scheme members and the first dependant, and R345 a month for additional dependants. Allowed deductions also include medical scheme contributions in excess of the capped amounts and out-of-pocket expenditure, which exceed 7.5 per cent of taxable income in respect of taxpayers under the age of 65. Taxpayers aged 65 and older, and taxpayers with a disability or a dependant with a disability, are not subject to the 7.5 per cent threshold.
The tax benefit associated with medical scheme contributions and qualifying expenses paid by employers or former employers needs to be added to these estimates. The published tax statistics do not include this data, but an estimate can be made based on medical scheme data and reasonable assumptions about the share of medical scheme contributions paid by employers.
Table C3 outlines an estimate of the tax benefit of medical scheme contributions paid by employers, on the assumption that on average,70 per cent of capped deduction allowances are paid by employers. These estimates take into account medical scheme data which indicate that on average there are 1.3 dependants for every principal member.
Table C4 provides an estimate of the tax benefit of post-retirement medical scheme contributions paid by former employers, and contributions in respect of dependants of former employees, which are not subject to capped allowances. Medical scheme data indicate that approximately 6.2per cent ofbeneficiaries are pensioners. These estimates allow for 355 000 member pensioners, and a further 130 000 dependants over the age of 65. It is assumed that employers and former employers account for 70 per cent of the medical scheme contribution.
Table C5 summarises the estimated total tax cost of medical scheme contributions and medical expense deductions in 2008/09. Tax-exempt employer contributions amount to R33.5 billion, of which capped allowances are estimated at R29.4 billion and post retirement contribution assistance amounts to R4.0 billion. Taxpayers' deductions include the balance of capped medical scheme contribution allowances, above threshold expenses amounting to an estimated R16.6 billion and disability-related expenses of R1.5 billion. Exempt employer contributions together with taxpayer deductions amount to an estimated R64.2 billion, and account for R15.7 billion in medical scheme contribution and expense tax benefits.
Approximately R14 billion of this is accounted for by taxpayers who are medical scheme contributors, which represents an average tax benefit to medical scheme members of R4 130 a year, or R1 780 per medical scheme beneficiary. Approximately R12 billion of the total tax cost is attributable to medical scheme contribution allowances, and R3.7 billion to out-of-pocket expenses.
These estimates are consistent with available tax statistics and medical scheme data reported by the Medical Schemes Council. However, the underlying data are incomplete, and the results are therefore sensitive to several key assumptions. A critical variable is the balance between employer and employee-paid medical scheme contributions. If the share of capped allowances paid by employers is 60 per cent, rather than 70 per cent, then the estimated total tax cost falls from R15.7 billion to R14.3 billion. Recent revisions to the relevant tax provisions will allow more accurate analysis to be undertaken in future.
Adaptations to this analysis allow a comparable tax cost of the proposed tax credit system to be estimated for the 2008/09 year. This is set out in table C6. The assumed tax credits are R170 a month for a medical scheme member and the first dependant, and R110 a month for additional dependants, equivalent in real terms to the proposed credit values for 2011/12. The proposed credit system would have had a tax cost of R16.7 billion in 2008/09, or approximately R1.0 billion more than the medical deduction regime.
The distribution of tax deduction and tax credit benefits between income groups is summarised in table C7. An estimated 68.2 per cent of the tax credit benefit goes to the taxable income groups below R200 000 a year, compared with 53.4 per cent in the current deductions system.
1 Canada12 12http://www.cra-arc.gc.ca/menu-eng.
The Canadian medical expense tax creditis anon-refundable credit, calculated as 15 per cent (the lowest tax rate) of the allowable portion of medical expenditure. The allowable portion of qualifying expenditure is the portion that exceeds the lesser of 3 per cent of the individual's net income for the yearor an indexed dollar threshold (CAD 2 052 in 2011). There is no limit on the amount of eligible expenses a taxpayer can claim for himself or herself, a spouse or common-law partner or a child under 18 years of age. There is currently a CAD 10 000 limit applicable to a "dependent" relative; however, Budget 2011 proposes to remove this limit on eligible expenses that can be claimed under the Medical Expenses Tax Credit in respect of a dependent relative. Qualifying expenses can include expenditure incurred outside of Canada. A refundable credit is available to low-income workers who incur high medical expenditures.
Canada provides tax relief for individuals through a medical expense credit, a disability credit and an attendant care expense deduction.
The medical expense tax creditis anon-refundable tax credit for medical expenses incurred that an individual may claim (when calculating Part I tax payable), even if such expenses were not incurred in Canada. It applies to individuals who have sustained significant medical expenses (on themselves or dependants). A refundable tax credit is available to working people with low incomes and high medical expenses.
The allowable portion of qualifying expenditure is the portion that exceeds the lesser of 3 per cent of the individual's net income for the yearor an indexed dollar threshold (CAD 2 05213 in 2011). The medical expense tax credit (illustrated below) is determined by multiplying the allowable portion of the expenses by the lowest tax rate percentage for the year (15%).
Assume that an individual whose net income for 2011 is CAD 50 000, incurs CAD 5 000 of qualifying medical expenses. Since 3% of CAD 50 000 = CAD 1 500 is less than CAD 2 052(the 2011 threshold), the individual's medical expense tax credit is 15% of (5 000 - 1 500) = CAD 525.
The non-refundable disability credit is available toindividuals (as well as taxpayers who support certain dependants) who have a severe and prolonged mental or physical impairment (as certified by an appropriate medical practitioner). The credit of CAD 7 196 (2009) is for individuals of 18 years of age and older, whereas those under 18 years of age can claim an additional amount up to CAD 4 198. In addition, the unused portion of the individual's disability tax credit may be transferred to the individual's spouse or to a "supporting individual". A person entitled to a disability pension under the Canada or Quebec Pension Plan or under an insurance policy is not necessarily entitled to a disability tax credit under the Income Tax Act.
The attendant care expense deduction is available to individuals who are entitled to claim the disability tax credit and who have incurred expenses for personal care that are necessary to enable them to work.
A notable feature of the Canadian system is that the tax credit applies equally to premiums for private health insurance plans and to taxpayers' out-of-pocket medical expenses14. As a result, the system leaves the relative price of self-insurance and market insurance unchanged.
14Smart, M & Stabile, M. 2003. Tax Credits and the Use of Medical Care.NBER Working Paper No. 9855.
In the Republic of Ireland, tax relief for premiums paid to authorised private health insurance schemes is granted directly by the insurance company (tax relief at source - TRS). This allows the insurer to reduce the premium by the amount of the tax credit. Subscribers are required to pay 80 per cent of the gross amount to the authorised medical insurer. In effect, this reduction is the same as giving tax relief at the standard rate of tax (20 per cent).
Employees whose medical insurance premiums are paid by their employer (on their behalf), as a benefit-in-kind, do not have the allowed tax relief at source; however relief can be sought through their local revenue office.
Further tax relief for health insurance starting for people aged 50 and over (shown as Euro and Rand equivalents in the Table below) was introduced in 2009. These are specific amounts and are also granted directly by the insurer.
Table E1 and E2 show the relief for people aged 50 and over, and other health-related specific tax credits available in Ireland.
The United States has a form of medical credit called the Health Coverage Tax Credit (HCTC). This benefit pays 80 per cent of a qualified health plan premium for eligible individuals. The HCTC is a unique tax credit that individuals can receive either monthly15as their health plan premium becomes due or yearly16 as a credit on their federal tax return. HCTC is administered by the Internal Revenue Service (IRS).
16Individual pays 100 per cent throughout the year and claims back 80 per cent at the end of the year.
ï§ Individuals receiving a wage subsidy under the Alternative TAA (ATAA)/Reemployment Trade Adjustment Assistance (RTAA) program for older workers.
People in these three groups must also meet some general requirements and have a qualified health plan to be eligible for the HCTC. If eligible, individuals can get the tax credit for their family members as well.
Figure 1is taken from the Council for Medical Schemes 2010 REF Report and shows a very strong pattern by age in the cost of healthcare. The package of benefits used for illustration is the Prescribed Minimum Benefits17 (PMBs) required in all medical schemes. It is quite clear that children below the age of 1 year are much more expensive than slightly older children. Not all babies in this group are expensive but there are a few very high cost babies, particularly those born prematurely. Children of school-going age are the lowest cost beneficiaries but costs escalate quite rapidly as they leave school. From approximately age 60 and above, the costs per beneficiary begin to rise above those related to the first year of infancy. This forms the basis for the argument of giving a medical scheme tax credit based on age rather than number of dependants. Those aged below five years (before entering primary school) or 60 and above should receive a bigger tax credit than those aged between five and 59.
17The Prescribed Minimum Benefit package is a list of some 270 diagnosis-treatment pairs (DTPs) primarily offered in hospital (introduced January 2000); all emergency medical conditions (defined January 2003); diagnosis, treatment and medicine according to therapeutic algorithms for 25 defined chronic conditions on the Chronic Disease List (CDLs) (introduced January 2004).
<fn>GOV-ZA.2011062301En.2012-02-10.en.txt</fn>
Cape Town - The Tax Administration Bill is introduced in Parliament today for public comment and is an attempt to simplify, to provide greater certainty and better coherence in South African tax administrative law.
The Tax Administration Bill is one part of the rewrite of fiscal legislation in South Africa that is currently under way.
Parallel to this Bill, the rewrite of customs aspects in the Customs and Excise Act, 1962, is at an advanced stage. The Customs Duty Bill and Customs Control Bill are currently being considered by the State Law Adviser and it is anticipated that they will be introduced into Parliament later this year.
The Bill incorporates into one piece of legislation certain generic administrative provisions and attempts to eliminate duplication, remove redundant and align disparate requirements that currently exist in different tax Acts.
The Bill seeks to facilitate tax compliance, provides consistency in the application of tax law and to further improve the levels of tax compliance in South Africa.
It seeks to enhance tax compliance and SARS's powers to effect this, recognising that to maintain confidence in the integrity of the tax system, SARS is duty bound to actively pursue tax evaders. Most taxpayers are compliant and for them the Bill should ensure better service and a lower compliance cost.
Tax evaders, however, will have to face stricter enforcement, assessment and collection powers. At the same the Bill will cut red tape and reduce the administrative burden and cost for businesses and individuals to remain tax compliant. As an example the Bill will enable SARS to move towards a single registration for multiple tax types such as Income Tax, employees tax and Value Added Tax.
The proposed provisions in the Bill focus on the registration of taxpayers, return submissions, assessment procedures, objection and appeal procedures, information gathering, search and seizure provisions, provisions relating to the secrecy of the affairs of taxpayer affairs and the processes for the payment and collecting of outstanding tax.
It will allow for the revenue administration to develop an accurate view on the life cycle of a taxpayer from the point of registration, through the requesting of taxpayer information, assessing the taxpayer, the collection of tax revenue and ultimately, the point of de-registration.
The Bill seeks to balance the powers and duties of SARS with the rights and obligations of taxpayers in order to enhance equity and fairness in tax administration by providing a single body of law that outlines common procedures in a transparent relationship.
The Bill also seeks to align current outdated tax administrative provisions with modern approaches, business, accounting, constitutional rights etc. Regarding the latter the Bill takes account of the constitutional rights of taxpayers but does not seek to re-codify them, since all legislation - including the TAB - must be read together with the Constitution.
The Bill seeks to provide a foundation for further modernisation of the tax system through the phased introduction of a single registration of a taxpayer for all tax types, the extension of third party information for reporting purposes and a framework to support the modernisation of SARS's accounting system.
The Bill also further proposes the establishment of a Tax Ombud to deal with taxpayer complaints, providing for search and seizure without a warrant under limited circumstances, providing the collection powers of SARS.
The comprehensive review of tax and customs legislation is a process that we are committed to conducting transparently through the legislative processes of Parliament. I want to encourage South African taxpayers and interested parties to be active participants in the review and legislative processes.
<fn>GOV-ZA.2011062302En.2012-02-10.en.txt</fn>
Mister Speaker, tax legislation comprises of two different aspects. The first relates to the establishment of the tax liability, while the second relates to the administration of the tax. In constitutional terms the first aspect is the money Bill aspect, while the second can be thought of as the administrative Bill aspect. Both aspects are essential to the success of a tax system and it is the administrative aspect that we are dealing with today.
The Tax Administration Bill takes the generic administrative aspects of several different tax Acts administered by SARS, brings them together, rationalises them and updates them. The aim of the Bill is to promote certainty, simplicity and coherence in the administrative aspect of the South African tax system to the benefit of taxpayers and SARS alike. This aim is reflected in the Bill's very structure. It follows the life cycle of a taxpayer starting with registration and running through to the supply of returns and other information, assessment of tax, resolution of disputes that may arise and the collection or refund of amounts due.
The Bill should enable business sustainability by improving consistency in administration of the tax laws and cutting down on red tape. Equally it should protect the and compliant taxpayers from the corrosive effects of non-compliance.
Taxpayers will welcome a broad range of measures that will underpin efforts to simplify their interactions with SARS. Greater access to third party data will enable the further pre-population of returns. The basis for a phased move to a single registration number across tax types has been put in place, as has the basis for modernising and transforming SARS's accounting systems.
The Bill seeks to strike a balance between SARS's powers and duties and taxpayers' rights and obligations. Thus while SARS's information gathering powers are extended, the requirement is introduced that requests for information be reasonably specific and that requests to third parties be limited to information they would reasonably be expected to maintain. Taxpayers who are the subject of an audit will be entitled to regular reports on its progress and the findings on its conclusion if an adjustment to their tax liability is proposed.
Taxpayers who discover that they are non-compliant and wish to correct the situation before being detected will be able to make use of a permanent voluntary disclosure programme. Those taking advantage of the programme will find their understatement penalties reduced substantially and SARS will not pursue criminal prosecution.
I should note that this programme is not as generous as the existing voluntary disclosure programme that is scheduled to close on 31 October 2011. The temporary programme allows for the complete waiver of understatement penalties and of interest due on late payment. Those who are non-compliant and considering their options would be well advised to come forward under the temporary programme while they still can.
The Bill largely carries over the dispute resolution system for substantive tax disputes that was introduced in 2003. The Bill does, however, propose a significant change when it comes to service, procedural or administrative matters. This is the creation of a Tax Ombud who will be able to review and mediate taxpayer difficulties relating to these matters. The Ombud is not intended to usurp the role of SARS's existing internal mechanisms, the Public Protector or the Courts. The Ombud is an additional low cost avenue to resolve the difficulties, located between SARS's internal mechanisms and the external mechanisms that are already available. The proposal for the Ombud's office is based on this approach and draws on comparable institutions in Canada and the United Kingdom.
This Bill has benefited from an extended public consultation process. The process started with a closed workshop with tax practitioners and organisations in May 2009. It was continued with the release of a first draft Bill for public comment that year, followed by workshops with commentators and other stakeholders in 2010, the release of a second draft Bill for public comment in 2010 and further workshops in 2011. The Bill has further benefited from a constitutional review by external senior counsel, as well as a constitutional and technical review by the State Law Adviser. An informal briefing on the second draft Bill to the Standing Committee on Finance in late last year provided additional feedback.
The Bill is the first instalment in a set of rewrite legislation that I intend to bring before Parliament. The Customs Duty Bill and Customs Control Bill, which were first released in draft form for public comment in 2009, are currently with the State Law Adviser for review. I anticipate that they will be introduced later this year. The Income Tax Act, 1962, will lose approximately 25% of its volume once the Tax Administration Bill has been passed by Parliament, so it is next. A consolidation of the Act is planned for 2012.
To close, Mister Speaker, the Tax Administration Bill, 2011, before us today represents the outcome of several years' work. It has involved a range of people from SARS staff to international experts in the field in its drafting and a wide range of stakeholders in its two year long consultative process. I thank all those involved for their efforts to date. I hereby introduce the "Tax Administration Bill, 2011" for the Assembly's consideration.
<fn>GOV-ZA.2011062801En.2012-02-10.en.txt</fn>
A report yesterday incorrectly stated that a R1.2 billion loan had been granted by the South African government to Swaziland. While the South African government is in receipt of a loan request from Swaziland, as confirmed last week, no loan has been agreed to or granted to Swaziland.
Technical discussions between South Africa and Swaziland on possible assistance are on-going. They take place in the context of the global recession which resulted in Swaziland losing nearly 60 per cent of its revenue from the Southern African Customs Union (SACU).
The South African government will communicate once any decision has been made.
<fn>GOV-ZA.2011062901En.2012-02-10.en.txt</fn>
Let me thank the organizers for inviting me to make these opening remarks for this development conference on infrastructure and inclusive growth.
I also want to (on behalf of the South African authorities) welcome you to the Mother City and for those staying on for the Development Working Group, I want to wish you very fruitful discussions over the next two days. Time is not on your side, as you are expected to conclude your discussions in order to hopefully have concrete issues to report back to your Sherpas and ultimately to the Leaders, in Cannes at the end of this year. Perhaps your involvement in today's conference will help shape your discussions over the next two days.
The G20 Summit Process began in the depths of the sharpest and most widespread global financial crisis any of us have ever seen that began in North America and Europe, but quickly illustrated how interconnected and interdependent many economies have become.
Countries responded in a number of ways; all aiming to save their economies from regressing from the positive growth trajectory many were facing. In advanced economies, the response went beyond counter-cyclical fiscal policy support, and also involved support for the financial system.
There was no financial collapse in South Africa, and no need for bank 'bailouts'. This was also true in most developing countries, which tended to apply tougher rules on banks than some of the developed countries. Nevertheless, we were badly hit by the sharp contraction of global aggregate demand, growth fell nearly 2 percent in 2009 and we lost many jobs. Like others, we experienced a sharp rise in capital inflows. The Rand appreciated sharply over a prolonged period, and as such this exchange rate overvaluation has exacerbated pressures on our current account deficit and increased our vulnerability to future shocks.
We continue to face a great deal of uncertainty during this current period of adjustment within the global economy. Our economy has, however rebounded and has registered a 4.8 percent growth rate in the first quarter of 2011. While this recovery is stronger than a year ago in South Africa and in most other emerging market countries; its foundations are not yet sustainable; and it is still highly dependent on support from expansionary fiscal and monetary policies.
What helped pull the world away from a potentially deeper and even longer crisis was the cooperation and coordination among G20 members. South Africa particularly welcomed the G20 Heads of State Summit initiative (held for the first time in Washington DC in November 2008), as this helped galvanize cooperation on systemic problems, created a sense of urgency towards making the necessary adjustments amongst countries in order to reduce shocks.
Since the London Summit, G20 leaders have met at least three times to review the global impact and effectiveness of the measures they jointly undertook; to assess progress made towards their shared vision of strong, sustainable and balanced economic growth, and identify those areas where there is a need to redouble their efforts.
Other steps taken include strengthening financial regulation and reforming the governance structures of global institutions. International capital markets were reassured that as a group we are able to have difficult debates and take decisions in the global public interest.
For our part in South Africa as in many other parts of the world, we have set ourselves a three year fiscal consolidation path following substantial fiscal stimulus, driven by a determined key emphasis on employment creation and investment in infrastructure and skills.
The Framework and the mutual assessment process are undoubtedly very useful mechanisms to assess G20 countries' joint efforts to reduce imbalances and uncertainty. However we all know by now that the Framework tends to be more about studying the current global growth drivers within the G20 membership, and less about seeking additional sources or new growth 'poles'.
Equally, G20 members are increasingly appreciating that G20 cooperation should not be restricted to issues that only affect the membership. Broadening our thinking beyond systemic and structural issues affecting the global real economy is not only in the global public interest, but should also support our own national objectives for growth and employment.
ï How can we improve the institutional environment for growth in developing countries in general, and in low income countries in particular to be part of this effort?
ï What lessons can we share towards making growth more inclusive?
ï Do global public institutions serve this purpose and how can we support or redirect their work?
There are many issues we could be discussing, but some of these are very capably being taken forward by many other institutions. For instance, issues of development aid and its effectiveness will be taken forward later this year in Busan. Similarly, the United Nations is driving a highly effective campaign around the attainment of the Millennium Development Goals.
We thought a great deal about where we could and should make a difference and in 2010, we came up with a Multi-Year Action Plan that represents the sum of these discussions, captured in the Seoul Consensus on Development. I will not describe the 9 pillars of the Seoul Consensus in any great detail here, as I believe that the Seoul Declaration and the related documents have been distributed to you.
In all of these areas, the G20 represents a wealth of experience that can support the development of policy that is sensitive to individual country circumstances.
South Africa is committed to this agenda. We were privileged to co-chair the Development Working Group process in the last six months of 2010 and were pleased with the diversity of ideas and interests that emerged. We, together with Korea have continued to co-chair these discussions during 2011, and have been joined by the current chair of the G20, France, in moving this effort forward.
The President of France has recommended infrastructure, food security and commodity price volatility as key issues for this group this year, and these will be given some emphasis at the Summit in Cannes in November. These are highly relevant to the development challenges and opportunities in our region. We are particularly pleased with the outcome of the G20 Agriculture Ministers and believe that significant advances are possible on the other pillars in the months ahead.
Turning to today's thematic area, you do not need to be an 'expert' to agree that the extent and quality of physical infrastructure is one of the most crucial characteristics defining development. In our view, infrastructure is at the center of our efforts as we forge towards achieving an all-inclusive and sustained growth.
As we share views and being on the African continent, it is useful that we remind ourselves of the context that we face. Africa's economic potential has been reconfirmed by the pre-crisis growth and strong rebound. For about seven years, more than forty percent of African countries were growing at or above 5 percent, with many sectors contributing, especially in telecommunications, agriculture, transportation, resources, finance and retail. But our context also reveals that fundamental imbalances and bottlenecks exist in our economies, which have held back our full potential.
Firstly, we share a common dependency on commodity exports and a minerals value chain that uses huge amounts of electricity, leading to high emissions; secondly, we share a common weakness in the way that we use commodity-based revenue for economic diversification and skills development; thirdly, our investment and domestic savings have remained below the levels required for sustained growth; fourthly and perhaps more relevant to today's discussion, we share common bottlenecks and backlogs in logistics, energy infrastructure and skills, which contributes to higher costs.
Finally, our ability to increase regional interconnectedness and trade; reduce constraints on productivity in agriculture; transform towards green economies all lie at the center of our inability to create a viable environment for private sector investment.
While these four factors are not necessarily unique to Africa, they do point to the need for all of us to develop or seek solutions that in the words of Justin Lin, recognizes the move to the "new-new normal" where the developed countries can create incentives in low income and developing countries to "digest" the excess capacity in developed countries. Justin goes on to identify infrastructure development in both advanced and developing countries as the catalyst to this "new-new normal hypothesis".
As South Africa, we are pleased with the new concerted and coordinated actions to transform the state of infrastructure in Low Income Countries, particularly in Sub Saharan Africa; and that this effort has found its way back to the top of the international policy agenda.
There are flagship publications, new websites and a variety of platforms to share information and sustain advocacy on the production of key infrastructure. I understand that in the days ahead the G20 Development Working Group will discuss a number of additional ideas and options to overcome information asymmetries.
The purpose of this discussion today is to contribute to the thinking of the G20 members on how to use their influence to address the question of the under-provision of infrastructure, particularly in Sub Saharan Africa.
As we all know by now, there does not appear to be a shortage of cash in the global economy, it is just not going to where it is most needed, and can generate the most productive returns. The G20 High Level Panel on Infrastructure has been tasked with thinking about why this is the case from their broad experience in their respective fields, and I would like to also thank the members who have travelled for this meeting for joining us.
It is always useful as a policy maker to have world experiences presented to you and benefit from a knowledge or information exchange environment. Today's discussion is meant to do exactly this, i.e. to hear views from a diversity of experiences.
I would like to thank all of you who have travelled a great distance to share national experience with us, particularly participants, speakers and discussants from developing countries who have recent experiences of what does and does not work in different contexts.
The government of South Africa and our partners in this conference, the DBSA and AFD will be satisfied if the lessons shared today, can help shape the discussions that will commence tomorrow in the Development Working Group.
<fn>GOV-ZA.2011062902En.2012-02-10.en.txt</fn>
The National Treasury and SARS wish to notify key stakeholders about an accelerated process to provide certainty in respect of section 45 and hybrid shares. We wish to eliminate the current uncertainty about restructurings and acquisitions that do not pose a significant risk to the tax base.
This statement is intended to give effect to the commitment made by the Minister of Finance at a press conference and in the National Assembly, on 23 June 2011, where he indicated flexibility if key stakeholders come forward with a detailed presentation of facts, provide full disclosure, and constructively engage with the National Treasury and SARS.
Government continues to be committed to allowing the use of section 45 to facilitate the tax neutral movement of assets between members of a group of companies, which do not give rise to artificial structuring to avoid paying taxes. Government also remains committed to the use of section 45 to partially shift minority ownership stakes to certain shareholders (mainly to facilitate Black Economic Empowerment).
Government is concerned about the use of section 45 to facilitate, for example, leveraged buyouts and other abusive restructuring where the fiscus is at risk, and will take appropriate steps to reduce such risk. National Treasury and SARS remain fully committed to closing unacceptable avoidance schemes.
National Treasury and SARS are fully aware that anti-avoidance legislation should not come at the expense of non-tax motivated commerce necessary for economic growth. The goal of the ongoing factual enquiry is to obtain a more finessed balance between the needs of the fiscus and the needs of commerce.
With these goals is mind, National Treasury and SARS reiterate their commitment to the rollover relief provisions and the need to ensure that "non-cash out" mergers and acquisitions should ideally be free from an immediate tax charge. For instance, the transfer of partial share ownership from a pre-existing group of companies to facilitate Black Economic Empowerment should not generally be subject to an additional tax charge on transfer. On the other hand, seemingly neutral transactions cannot be condoned if these transactions set the stage for future tax losses (or other tax benefits) via excessive leverage or other means so as to partially or wholly eliminate on-going operational income for many years to come.
The National Treasury and SARS fully recognise that certainty is the cornerstone of any viable tax system. However, a balance must be struck between improving stability and predictability in the tax system and moving quickly to reduce risk to the fiscus. The final proposals will accordingly safeguard this certainty for non-tax motivated transactions that are commercially driven, but taxpayers engaged in aggressive tax transactions should not view the concept of "certainty" as an automatic safe haven so as to wrongly deprive the fiscus (even if these aggressive tax transactions reach closure before a set legislative date).
National Treasury and SARS are committed to the development of revised proposals aimed at distinguishing between transactions which do not present an undue risk to the fiscus and transactions which need to be tightly controlled.
In view of the above, National Treasury and SARS would like to afford interested parties the opportunity to meet on an urgent basis from 30 June until 8 July 2011. In order for these meetings to be effective, it is strongly recommended that interested parties bring the organograms of the entire set of related transactions at issue, term sheet information of the various instruments involved in the financing as well as projected operational flows of the entities involved. These consultations aim to determine the characteristics of transactions that do not represent a potential threat to the tax base so that underlying principles or rules can be refined for a more targeted approach to be effective as soon as possible.
In the first instance, National Treasury and SARS will meet all those who come forward and provide all the facts, with the objective of providing assurance to those whose transactions do not erode the tax base and are purely commercial.
In the second instance, the information and feedback provided by all those who come forward will be utilised to formulate the "rules" which will form part of the amended Section 45.
Further opportunities will be provided to engage with the proposed rules and the National Treasury and SARS after mid-July, when the proposed rules may be published for further comment. Following this, a final Response Document which will be published in mid-August, followed by a revised set of Taxation Laws Amendment Bills which will be introduced in Parliament in September 2011.
Parliament is expected to pass the Bills by 30 November 2011. It is Parliament that has the power to finally approve all amendments as proposed, including those pertaining to section 45 and hybrid shares.
<fn>GOV-ZA.2011062903En.2012-02-10.en.txt</fn>
I would like to express my congratulations to Ms Christine Lagarde in her appointment as Managing Director of the International Monetary Fund (IMF). As the global economy continues to be plagued with persistent economic challenges, the role of the IMF has and will continue to become crucial to global co-ordination and crisis management. I am confident that Ms Lagarde will be able to actively enhance that role even-handedly and effectively.
Transfer of quota shares in favour of emerging and developing countries, in order to increase their relative weights in the IMF decision making process, in line with their dynamism in the world economy. Therefore, the reforms of the Fund's quotas and governance in 2010 should be implemented at short notice, and a comprehensive review of the current quota formula should be approved.
A commitment that the next IMF Managing Director would not necessarily be a European citizen.
Small countries should have appropriate voice. Since the global crisis, small countries have faced particular challenges that require greater attention from the IMF.
Strengthening the International Monetary and Financial Committee. Greater diversity in the IMF staff in terms of nationality, gender, and academic and professional backgrounds.
Improving the surveillance of systemically important advanced economies.
Deepening the understanding of national experiences on the management of capital flows, and rapidly developing guidelines for both "sending" and "receiving" countries without being prescriptive.
Modernising the lines of thought, adapting them to the reality of global and domestic economies, and overcoming the prevalence of the dominance of perspectives of economic policy of advanced economies.
I trust that she will maintain the commitment to future governance reforms, including increasing the number of Executive Board chairs. This would enhance the representation of emerging markets and developing countries and improve the legitimacy of this important global financial institution.
<fn>GOV-ZA.20110629MobJusticeEn.2012-02-10.en.txt</fn>
Government has noted with concern a growing trend of incidents of vigilantism in certain parts of the country, especially in the Eastern Cape. The so called mob justice is hardly a form of justice. It is a form of criminal behavior punishable under law. If anything, it is an injustice of a criminal nature that must be condemned by all who uphold the ethos of the constitutional order within which we all must live. Those who participate in these inglorious acts are just as guilty as those against whom they act or seek to act.
We appeal to the community to resist the temptation to participate in this criminal behavior. Those who try to justify it claim that it is effective. Its instant outcomes which are in total disregard of the principles of natural justice, is one of the troubling concerns. The results are often accompanied by the harshest punishment and irreversible consequences. In some cases punishment is in the form of death. This simply flies in the face of our constitution.
We call on all members of the communities to work together with our law enforcement agencies in identifying perpetrators of crime so that they are dealt with in accordance with the law. Criminals must find it increasingly hard to find haven in our communities.
Notwithstanding the imperfections of our criminal justice system, government is working hard to strengthen the institutional mechanisms that must ensure that our system becomes more effective. One area that is receiving attention relates to the strengthening of our bail regime. A proposal already introduced in the Justice, Crime-Prevention and Security (JCPS) cluster deals with the introduction of legislation intended to deny bail to those suspects or accused persons who are granted bail and whilst out on bail commit crime again.
In terms of this proposal, an accused person who gets arrested for the third time whilst on bail on two preceding matters must not get bail for the third time. In addition, the management of the bail process is being strengthened by the issuing of policy directives to the Police and Prosecutors in order to guide them when dealing with bail in a more effective manner. This in turn will assist the courts as all relevant information will be placed before the presiding officers for proper adjudication and appropriate bail decisions.
Furthermore, we call on all our communities and law enforcement agencies to ensure that the community policing forums and the street committees make it hard for criminals to hide. As a cluster, we are willing to embark on information sessions which are intended to empower these structures so that they are able to know the legal parameters within which they must work. This includes how to and when to effect "a citizen's arrest".
We call on our agencies on the ground to do more and keep communication lines open with the communities in order to promote understanding and cooperation on matters that relate to fighting crime.
It remains the responsibility of all of us to ensure that the rule of law is upheld. Even more, it is our national duty to guard against the assault on the constitution.
Mr. Jeff Radebe, MP
<fn>GOV-ZA.2011063004En.2012-02-10.en.txt</fn>
It is indeed an honour to welcome you to the launch of the African Sovereign Debt Management Centre in South Africa.
Debt Managers and Central Bankers in Africa, together with the OECD have been engaged in Public Debt Management and Bond Market developments in this kind of setting since 2006.
The initiative to establish an African Debt Management and Bond Market Development Centre in South Africa came from African Debt Managers themselves. Debt Managers in Africa have expressed their views on the need for a structured skill-sharing platform aimed at promoting African Capital Markets investments structures, which subscribe to international best practises.
The establishment of the Centre was made possible by the support received from the Government of South Africa, the OECD, fellow African Countries and Financial Institutions.
The signing of the Memorandum of Understanding (MOU) for the establishment of the Centre took place in Paris on 25 June 2011. During this ceremony, the Secretary General of the OECD stated that the new centre symbolises the OECD's increasing co-operation with emerging markets and developing economies.
The new Centre can only be a success with the support of the international community and the active participation by the various role players within the African Bond Market.
The eyes of the world are indeed on Africa. Our continent is rich in scarce natural resources, which many developed countries need to sustain the daily running of their industries. Africa needs to spend large amounts of monies on infrastructure, especially on transportation and energy. This could radically improve growth prospects and the ability to efficiently deliver public services that contribute to attaining the United Nations' antipoverty Millennium Development Goals. The needs are massive - the World Bank has estimated that in sub-Saharan Africa alone the total financing needed is $93 billion per year of which a third remains unfunded.
Notwithstanding the rapid gains of the last decade, poverty remains pervasive in sub-Saharan Africa. In so many places, rapid growth has not yet translated into local employment opportunities, a better social safety net, or a higher quality of life. In addition, weak governance, limited administrative capacity, or the political instability have suppressed or reversed per capita - GDP gains.
Africa, in my opinion, is ready to take the next step in her surge to sustainable growth. The world is in fact ready to do business with our continent, but we should make sure that we set the terms of doing business.
The Government of South Africa has identified the advancement of the African continent as a strategic priority. This is in recognition that as a country, we share a common destiny with the rest of the African continent. As Africans we can say to the world, on the back of debt relief, we have been able to institute and implement rigorous programmes of macro economic reforms that set out our respective countries and the continent on the path of a more resilient and sustained growth path.
Regional structures in Africa have laid the foundation for working closely towards regional integration. Recently the SADC, COMESA and the EAG have announced that free trade amongst south, middle and eastern African countries will be possible in three years time. Africa is not only ready to do business with the rest of the world, but also with one another.
To do business you need markets that will attract much needed capital.
The fiscal reform agenda and debt management efforts that we have been able to pursue in our individual countries, have shown the emergence, expansion and in some cases even led to the deepening of local bond markets: countries are increasingly extending their yield curves.
Perhaps more importantly for debt management, we have been progressively becoming more transparent and predictable in the manner in which we issue debt and report on it.
Payment systems and platforms to trade and settle transactions remain a challenge and a solution is perhaps to start sharing platforms which could be much more cost effective.
Further developments are that the primary dealers' systems have now been adopted by many Africa countries to bid on behalf of investors at primary bond auctions and to sell the bonds in the secondary market to provide much needed liquidity.
We have seen that more and more securities are listed and comply to the listing requirements of Stock Exchanges in Africa.
Finally the investor base is more diverse and Sovereigns are not only reliant on bank investors and government pension funds to buy their paper. Post the financial crisis, figures have shown that the foreign investors have a keen interest in the local currency bond markets of African countries.
The challenge remains that African countries should make their macro and foreign exchange policies robust to capital flows, in order to manage the burden of new debt and to keep searching for new resources that could finance infrastructure investment opportunities.
We have seen that over the years many Development Agencies, Multilaterals, Banks and other financial institutions have made huge strides towards assisting African countries to manage their finances and help build bond markets.
It is time that we take control as Africans and be in charge of our own destiny. It is time that we work together towards our common goals and share our views and build capacity among ourselves.
The new Centre on African Debt Management and Bond Market development is a step in the right direction. We can now sit together, plan our goals and co-ordinate our processes.
This is not something we can do alone. The strong partnership we have built with the OECD will ensure that the world's best practises will always be at our disposal. My plea tonight is that this should be a joint effort between Debt Managers, Central Bankers, the OECD and other institutions which are already involved in Africa. As a collective, our efforts will carry more weight and produce more meaningful results as compared to our individual efforts. I wish everyone involved in the Centre's activities fruitful deliberations and may we all work towards a better Africa and so doing strive towards improving the quality of life of our people.
Lastly I want to thank Mr Baloyi and his team at the DBSA for making available the use of their excellent facilities which is indicative of our continued shared vision for Africa.
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The second episode of "The Final Verdict", a television programme produced by the department of Justice and Constitutional Development in partnership with the South African broadcasting Cooperation, reflected on one of the perennial ills of our society, domestic violence.
The episode was a re-enactment of a finalised case involving the State and Sonja Jansen. Sonja is a Cape Town mother who admitted to shooting her abusive husband, Hendrick Jansen, with a .22 rifle whilst on holiday near East London. As it emerged in court, Sonja shot her husband in the stomach following years of continuous abuse.
Subsequent to this unfortunate incident, Sonja called the ambulance for her husband, however, she was later arrested. Amazingly, as outlined in the police report, while Hendrik was being transported to hospital he jumped out of the ambulance and fled. Since that day, he disappeared and was never seen by any other individual. In the absence of his remains, which is the required evidence for a murder case, the presiding officer was compelled to acquit Sonja.
The story of Sonja and Hendrick is a poignant reflection of the consequence of this infirmity in our society. Domestic violence destabilises the family and societal structure, it often leads to homeless children and create lifelong scars to the victims.
It manifest in a number of forms which include physical abuse, sexual abuse, emotional, verbal and psychological abuse, economic abuse, intimidation, harassment, stalking, damage to property, entry into a complainant's residence without their consent, or any other controlling or abusive behaviour towards a complainant.
Victims often struggle to break away from these terrible circumstances as perpetrators are usually close family members who are responsible for their wellbeing and support them financially. In some cases victims tolerate the situation with the hope that the perpetrator will someday change, and recognise that they also need to be treated with respect and dignity.
Like Sonja, some victims do report this crime, but soon withdraw the charges for fear of being killed by the perpetrators. Hence, some of the victims eventually decide to resolve the situation by eliminating the perpetrators because they think it is the only way out, and in the process find themselves in conflict with the law.
In analysing these unfortunate occurrences, experts in the episode alluded to the fact that it is difficult to justify for such actions in court as the law says there should be imminent danger to warrant the murder of any person. They strongly condemn the killing of perpetrators and instead advise victims to seek help.
Victims are therefore encouraged to report any individual to their nearest magistrate's court, be it a close family member or stranger, and also ensure that they bring some form of proof that they may have to support their allegations.
Our country has a legislation dealing specifically with domestic violence, Domestic Violence Act, No 116 of 1998. Sonja should have also taken advantage of this piece of legislation in place and take action against her husband, whom clearly was hell bent on destroying herself respect and dignity. The Domestic Violence Act, No 116 of 1998 states that anyone who lives in a home environment where domestic abuse is happening can apply to court for a protection order against the person who is being abusive. The order will apply even if they do not live together.
It is crucial to note that children do not need the assistance of a parent or guardian to lodge an application for a protection order.
This ailment requires that collectively we condemn this abusive behaviour and work towards stabilising our society. This commitment will require that we do not turn a blind eye against abuse and violence.
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<fn>GOV-ZA.20110705E025En.2012-02-10.en.txt</fn>
what did this event cost; and who paid for this event?
since when were these monies owed; and what kind of service providers are they -meaning what range of services did the creditors render?
whether any of the wasted funds are being recouped by the Kungwini Local Municipality from those implicated?
if the last time the rental was paid exceeds a period more than 60 days ago, when will the arrears amount be settled; and what measures will the department implement to ensure that the rental for the lease of this property is paid on time every month?
how much is the service company for this machine owed by the department; and what steps are being taken to ensure that this machine is operational at all times?
what is the potential loss to the department; and whether the Special Investigating Unit, Hawks or Commercial Crime Unit will be requested to investigate this matter further?
if so, will the MEC make this report public; and if not, why not?
by when does the MEC envisage construction to end on the portion of the road; and whether a temporary road will be part of such a construction process?
what is the size of the budget; and how is such a budget derived or calculated?
if so, how much will it cost; and if not, why not?
do these procedures differ from those regarding permanent members; and if so, what are the differences?
who is allowed to use these vehicles currently; and what is the reason for allocating vehicles as cluster reservist vehicles if they are not to be used for this purpose?
if an SAPS member is injured while not wearing a seatbelt, are they covered by any relevant insurance?
approximately how many arrests have been made for abandonment in the past four years; and what trends can be indentified in this whole matter?
whether anything has been done by the MEC or the department to try to reduce the incidence of this in the future?
whether SAPS members are allowed to wear balaclavas, hiding their identity, in raids on places of entertainment?
whether the agreement includes the GPG receiving funds derived from horseracing taxes in the province; and if so, how much has been received to date?
if it is not a normal routine to check that teachers are at work, why not?
how many companies have been awarded similar tenders to roll-out this training in Gauteng; and what are the measures in place, if any, to speed up the roll-out process?
FN023.
With regard to Section 1.5.
if so, please provide; and how does the department define a "customer"?
FN024.
With regard to Section 1.4.
if so, please provide details?
((5. FN025.
by when is it currently anticipated that the main contract will be awarded; and how much money has already been spent on the project?
((5. FN026.
by when is it currently anticipated that the main contract will be awarded; and how much money has been spent on the project so far?
((5. FN027.
whether the full budget or a significant portion thereof was submitted as an application for a budget from the Province; and why was the balance applied for not granted?
in each case where ambulances do not fulfil one or more of the requirements, why not?
will these reports be made public; and if not, why not?
whether any investigation will be made into the award of these tenders'; and if not, why not?
what is the total budget paid to this institute in the 2010/2011 financial year; and please provide a detailed breakdown of the budget for the above year?
in each case, why has information not been shared?
why has the Emoyeni Conference Centre not been audited; and whether appropriate value is being derived from this Centre?
if so, please list how long each part of provincial-owned land has been owned by the provincial government separately; and what is the annual GDP output of the same size of similar agricultural land that is privately owned?
the company describes its experience of "continuous late payments"; when and for what money amount have these late payments occurred (please list); and how late where each of these late payments (please list respectively)?
whether this contract will be investigated and/or cancelled; and if not, why not?
if 'yes' were there objections to the road construction and how many; and if ":no" why has no meeting been called and would the GDRT attend such a meeting?
what undertakings have been made to residents in terms of when reconstruction will begin on the closed section of the abovementioned road; and what undertakings have been made to residents in terms of when reconstruction will end on the closed section of the abovementioned road?
what budget was allocated for such reconstruction of roads (please indicate the budget allocated per reconstruction or construction project); and how much has been spent thus far on each of these reconstruction or construction projects?
if so, how much is budgeted or expected to be spent on this?
with the Intelligent Number-plate System having been placed on hold, how will the open-road toll system deal with these individuals who have false number plates?
what additional steps are still to be taken to eradicate fraudulent licences?
<fn>GOV-ZA.20110705accessjusticeconfadvisoryEn.2012-02-10.en.txt</fn>
The Heads of Courts under the leadership of the Chief Justice will host a national conference on Access to Justice.  The conference, which will be attended by National Judges, Chief Justices and Judges from various countries, Magistrates, Traditional leaders, Non-Governmental Organizations and other stakeholders dealing with justice issues, will deliberate on issues that are pertinent to the effective and efficient functioning of the justice system.
The ultimate objective of the conference is to set out a new vision for a justice system that is accessible and responsive to the needs of the people.
During the opening session, His Excellency President Jacob Zuma will deliver a keynote address. Also in attendance will be the Speaker of Parliament Honourable Max Sisulu, the Chairperson of the National Council of Provinces Honourable Mninwa Mahlangu and the Minister of Justice and Constitutional Development Mr Jeff Radebe.
Media is invited to the opening and closing sessions of the conference. Media accreditation will take place on Thursday, 7 July 2011 from 14h00-17h00 at the Hilton Hotel, Sandton. ID's and press cards will be required for this process.
A media briefing will also take place at the end of the conference.
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<fn>GOV-ZA.20110705pgmEn.2012-02-10.en.txt</fn>
The Honourable Jeff Radebe, M.P.
<fn>GOV-ZA.2011070601En.2012-02-10.en.txt</fn>
It is indeed a privilege to address you today. Initiatives like these are very important to address the education and skills challenges confronted by South Africa. As a country we have made huge strides in tackling some of the development challenges that we inherited. To a large extend we still have a dual society with huge disparities. South Africa has one of the largest gini coefficients globally, namely 0.72 per cent. Government has therefore set itself the goal of dealing with poverty and unemployment in a decisive manner.
To achieve these goals we need to have a vibrant economy. To a large extend the recent financial crisis had a minimal impact on our economy. The government was able to respond to the deteriorating economic conditions between 2008-2009 due to its low level of debt and healthy public finances. The social security net was widened and increased infrastructure spending provided a stimulus to the economy.
There was no need for government to provide support to the financial sector as was the case in many developed countries. There is however no room for complacency and we continue to face a great deal of uncertainty during this current period of adjustment within the global economy. Our economy has, however rebounded and has registered a 4.8 percent growth rate in the first quarter of 2011. While this recovery is stronger than a year ago in South Africa and in most other emerging market countries; its foundations are not yet sustainable; and it is still highly dependent on support from expansionary fiscal and monetary policies.
The most important economic initiative over the past year was the announcement of the New Growth Path. The New Growth Path identifies a single encompassing objective for public policy: creating employment. Unemployment represents our greatest challenge: only 13 million South Africans, or 41 percent of the working-age population, have regular work. Of these, only 8 million have formal, non-agricultural employment. The problem is especially severe among the young population: the unemployment rate for the under 30s stands at 42 percent. And although the economy has recovered, employment is still below its pre-crisis level; something must be done.
Over the next decade, the New Growth Path aims to create 5 million jobs across the key sectors of the economy. Our preliminary estimates suggest that more than a million jobs could be created in infrastructure development and housing. A further 500,000 would be created in the agricultural sector and 350,000 in manufacturing. Tourism is targeting 225,000 jobs and mining 140,000.
The New Growth Path will in some cases build on initiatives that are already in place. The significant growth in infrastructure employment will largely stem from Government's planned R800 billion investment in infrastructure over the next three years. The majority of this funding will go towards enhancing South Africa's energy capacity, improving our roads, constructing ports and pipelines, revitalizing our hospitals, building new homes and safeguarding our water resources.
Higher employment in the manufacturing sector, meanwhile, will rely on successful implementation of the second Industrial Policy Action Plan, or IPAP2, which was also unveiled last year to provide new direction and impetus to South African manufacturing. There is also a process underway to reform development finance institutions so that they are financially sustainable and that they provide more effective support to our social and economic objectives.
This mix of public and private sector projects is integral to the New Growth Path. The initiative will fail to attain its targets if we do not promote an environment that is conducive to private-sector growth and business investment. This requires Government to provide economic stability and reduce the cost of capital through sound macroeconomic policies.
Rural development, including land reform; food production and security.
Rural development is therefore key to the development programme of Government. In this regard, the Department of Rural Development and Land Affairs has launched a strategy entitled a Comprehensive Rural Development Programme to combat poverty, hunger, unemployment and lack of development in rural areas. As a government we can only make meaningful inroads into dealing with these challenges in a decisive manner if we work together with all relevant stakeholders. We therefore welcome the sterling work that is being done by the sugar industry in this regard.
The South African sugar industry is one of the world's leading costs competitive producers of high quality sugar and makes an important contribution to employment, particularly in rural areas (mainly in KZN, Mpumalanga and the Eastern Cape), to sustainable development and to the national economy.
The sugar industry produces an estimated average of 2, 2 million tons of sugar per season. About 60 per cent of this sugar is marketed in the Southern African Customs Union (SACU) region. The remainder is exported to markets in Africa, Asia and the Middle East.
Based on revenue generated through sugar sales in the SACU region as well as world market exports, the South African sugar industry generates an annual estimated average direct income of R8 billion.
Direct employment within the sugar industry is approximately 77 000 jobs, which represents a significant percentage of the total agricultural workforce in South Africa. Indirect employment is estimated at 350 000. In addition, there are approximately 35 300 registered cane growers. Approximately one million people, more than 2 per cent of South Africa's population, depend on the sugar industry for a living.
The sugar industry also has a long history of social investment in the areas in which it operates. A prime example of this investment is the Sugar Industry Trust Fund for Education. Launched in 1965, the Sugar Industry Trust Fund for Education is one of the country's oldest Trust Funds supporting the provision of quality education in deep rural schools.
With access to quality education being the critical ingredient in improving the quality of life of communities, and in achieving sustainable development and economic growth, initiatives like the Sugar Industry Trust Fund for Education are crucial in assisting government in bringing these opportunities to those who ordinarily would not have access to them.
To this end, the Trust has provided bursaries to more than 9 700 students to date, including the current crop of students (67 last year) benefitting from financial assistance from the Trust, most of whom are women from rural areas.
The current and planned bursaries are for studies at tertiary level in agriculture, sciences and engineering. All of these areas are among the critical skills required by South Africa to fuel our sustainable and inclusive economic growth.
In conclusion as government we welcome the fact that the private sector, in this instance the sugar industry, is playing such as a proactive role in creating opportunities for those that are less fortunate. We can only win the war against deprivation, marginalization, poverty and unemployment if we work together.
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Government would like to thank all South Africans for heeding the call to have their SIM cards registered by the deadline of the 30th of June 2011 as per the Regulation of Interception and Communications Act (RICA). The need for South Africans to RICA is part of our efforts to ensure that we promote an increase in mobile and data usage, whilst at the same time guarding against the abuse of our telecommunications infrastructure in planning and executing crime.
Furthermore, we would also like to thank the Mobile Cellular Operators (MCO's) for supporting the process of encouraging South Africans to RICA their SIM cards. This is a relationship that we must nurture and maintain for the benefit of all of us.
At midnight on the 30th of June 2011 the following numbers of registered SIM cards from different MCO's had been registered: Cell C had 99, 99% of contracts and 97 % of prepaid subscribers registered, MTN had 99, 5% of contracts and 97% of prepaid subscribers registered and Vodacom had 98,98 % of contracts and 95,12% of prepaid subscribers registered.
We call on all those whose SIM cards have been deactivated to visit their mobile operator's outlets and reactivate their SIM cards with accredited service providers in order to avoid the risk of losing their numbers. To RICA a number is free, the correct procedure to follow involves insisting on presenting a green bar coded identity document (or passport) and proof of physical address.
As you are aware, as from 1 July 2009, when section 40 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002 (Act No. 70 of 2002) (the RICA Act), came into operation, no SIM card has been capable of being used unless it has been "RICA'ed" in terms of the law. Section 40 regulates the activation of a SIM card and sets out the process to be followed and the information to be provided to the MCO's.  From that date (1 July 2009) the MCO's have implemented various measures to ensure that SIM cards are not and cannot be activated unless they have been "RICA'ed", in compliance with the RICA Act.
Section 51(3A) criminalises non-compliance with section 40. An MCO who fails to comply with section 40(1), (2), (3) or (6) is guilty of an offence and is liable on conviction to a fine or imprisonment not exceeding R100 000 for each day on which such failure to comply continues.   In terms of section 51 (3B) a person who fails to comply with section 40(5) is guilty of an offence and is liable on conviction to a fine (not exceeding R60 000) or to imprisonment for a period not exceeding 12 months.
It has been brought to our attention that some members of the public in certain areas have been able to buy SIM-cards without complying with section 40 of the RICA Act. We understand that these occurrences, however, seem to be limited to a small number of traders who either knowingly or possibly unknowingly contravene the provisions of the RICA Act referred to above.
It would seem that in some instances persons have bought large quantities of SIM-cards which are "RICA'ed" in their own names. These individuals then sell these SIM-cards without complying with section 40(5) of the RICA Act. These persons, in doing so, commit an offence and can and will be prosecuted.  They undermine the legislation and jeopardise its aim and objects. The SIM-cards in question can be traced back to them and they will have to face the consequences of their actions.
It should be kept in mind that the RICA Act, like all other legislation, is susceptible to undermining by unscrupulous individuals. The only remedy to ensure compliance with the law in general is to impose penalties for any contravention thereof. The RICA Act does just that.  Criminal sanctions are embodied in the RICA Act to deal with instances that have been reported in the media.  The law will take its course and prosecutions will surely ensue.
The responsible government Departments, the law enforcement agencies and the MCO's have met and will meet again to  discuss the issues that have come to light and to address them as a matter of urgency.
As government, we urge all members of our communities who know of any contraventions of the RICA Act to come forward and report such cases to the South African Police Service or any of the MCO's.
Once again, we would like to thank all South Africans for showing support  towards this initiative which is intended to make South Africa a safer place to live in. In addition we hope that you all will continue to enjoy the benefits of staying connected.
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The Departments of Justice and Constitutional Development and Communications invite the media to a media briefing, to communicate the outcomes of the Regulation of Interception of Communication and Provision of Communication Related Information (RICA) campaign. Present at the briefing will be the mobile cellular operators (Cell C, MTN and Vodacom) to share information on the post-registration campaign.
There will be a live link to the Imbizo Centre in Cape Town.
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I have noted with concern rumours and speculation in the media that the Public Protector is about to be arrested on allegations of fraud and/or corruption.
As a cabinet member responsible for the administration of justice, I find it most unfortunate and unsettling that the integrity of Advocate Thuli Madonsela and by extension the office which she occupies has been called into question in the manner we have seen in the media in the past few days.
The office of the Public Protector, an institution established in terms of our constitution, plays a very important role in strengthening our democratic dispensation. This office, together with other democracy supporting institutions, must always be supported and protected by all of us and not be attacked or undermined through the employment of tactics of whatever manner.
Advocate Madonsela became Commissioner at the South African Law reform Commission (SALRC) in January 2007 following her appointed by the President in terms of section 3 of the South African Law Reform Commission Act 19 of 1973. At that time her remuneration packaged had to be negotiated. A proposal to this effect was referred to the National Treasury for consideration. The Department was requested by the National Treasury to look into a possible conflict of interest as she was operating a business entity which was rendering a service to the Department of Justice.
The Department duly instituted an enquiry into the matter. This was intended to establish whether or not there was a duty on her part to disclose that she was operating a profitable business entity whilst serving as a member of or a Commissioner at the SALRC.
Adv Madonsela operated a business entity which rendered services to the Department of Justice. Her relationship to this business entity, Waweth, which provided a consulting service to the Department, was never a secret.
The Department interacted with Adv Madonsela on these matters during the enquiry process. This happened in 2009 and also recently.
When the matter was resuscitated and reported on in the media, the Public Protector called me to raise her concerns with me. I had discussions with her on the status of the enquiry. She further discussed the matter with the Director-General, Mrs. Nonkululeko Sindane, who is the Accounting Officer for the Department.
It emerged through the departmental enquiry that Adv Madonsela was not appointed in terms of the Public Service Act and Public Service Regulations and as such was not subject to those prescripts.
The South African Law reform Commission Act did not provide for regulations governing code of ethics for Commissioners.
On the basis of all that has been considered, I am satisfied that conduct of the Public Protector in relation to what had to be investigated, that is, whether or not there was a duty to disclose or that she was operating a profitable business entity, did not constitute a violation of any prescripts or laws. This means the enquiry is consequently closed.
I wish to indicate and emphasize that at no point did the Department during the enquiry report the matter externally to any law enforcement agency for criminal investigations. If at all there is any investigation against the Public Protector, the Department of Justice is not a complainant.
The office of the Public Protector must enjoy confidence of all South Africans. For this to be safeguarded, all of us must work towards strengthening and supporting it as opposed to attacking and weakening it in the process.
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Japan-based rating agency, Rating and Investment Information, Inc (R&I) today announced that it has affirmed South Africa's foreign currency issuer rating of A-, and domestic currency issuer rating of A. The outlook remains stable.
The outlook on South Africa's rating has been stable since April 2010. R&I indicated that they have affirmed the stable outlook because they believe South Africa has achieved solid growth based largely on domestic demand. The rating agency has also indicated that government is unlikely to face major challenges in achieving fiscal deficit reduction, and capital inflows remain solid even as the global financial environment undergoes major adjustments. R&I have also welcomed the introduction of government fiscal guidelines to maintain fiscal discipline.
On structural issues, the rating agency noted that government would need to show strong commitment in implementing consistent policies to address persistent social challenges, such as unemployment.
The National Treasury welcomes the rating outcome; the affirmation of South Africa's rating is seen as a sign of confidence in South Africa's credit story.
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Section 165(2) of the Constitution1 declares that the courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice. No person or organ of state may interfere with the functioning of the courts.2 Organs of state are directed to assist and protect the courts, through legislative and other measures, to ensure their independence.3 The other two branches of government thus bear the responsibility of ensuring that the independence of the courts is a reality and is in fact maintained. About a quarter of a century ago the Canadian Supreme Court identified three mechanisms as being 'essential to the independence of the judiciary: security of tenure (in the form of life appointments and removal only for cause), decent financing (of both the salaries of judges and the operations of the courts), and an appropriate degree of control by judges of the administration of the courts.'4 Although we have proudly proclaimed that the judiciary is independent, South Africa, like many other democracies around the world, has not as yet satisfied the third 'essential mechanism', viz an appropriate degree of control, by judges, of the administration of the courts (institutional independence).5 The establishment of the Office of the Chief Justice is, however, a step in the right direction.
1 Constitution of the Republic of South Africa, 1996.
2 Section 165(3).
3 Section 165(4).
4 Valente v The Queen [1985] 2 SCR 673.
5 For a short discussion on institutional independence see the writer's paper delivered at the second Judges' Symposium held aton.
6 Sandra Day O'Connor 'Judicial Accountability Must Safeguard, Not Threaten, Judicial Independence: An Introduction' (2008) 86 Denver University Law Review 1.
As to the first 'essential mechanism', s 176 of the Constitution provides for judges' security of tenure and a prohibition on any reduction of the salaries and benefits of judges; while s 177 stipulates the circumstances under which, and the manner in which, a judge may be removed from office.
'An independent judiciary requires both that individual judges are independent in the exercise of their powers, and that the judiciary as a whole is independent, its sphere of authority protected from wrongful interference by the other two branches of government. . . As for the independence of individual judges, there are at least two avenues for securing their independence: First, judges must be protected from the threat of reprisals, so that fear does not direct their decision - making. Second, the method by which judges are selected, and the ethical principles imposed upon them, must be constructed so as to minimize the risk of corruption and outside influence. The first endeavour is to protect judicial independence from outside threats. The second is to ensure that judicial authority is not abused, and it is the core concern of the enterprise of judicial accountability.'
Having listened this morning to the President of the Republic of South Africa and the Minister of Justice and Constitutional Development, it seems that threats to the independence of the judiciary, which were manifest from certain regrettable skirmishes in the past between the judiciary and the Executive branch of government,7 are a thing of the past, hopefully for good.
7 See the introduction in the article National Judges' Symposium (2003) 20 SALJ 647.
8 Section 172.
9 Justice CT Howie 'Judicial Independence' (2003) 20 SALJ 647 at 683.
10'Independence and Integrity as a Criterion for Judicial Performance Evaluation' (2003) University of Notre Dame Law Review 15.
11 At p 15.
The purpose of this discussion, however, is not to map the distance we, as a country, have travelled in our endeavours to achieve judicial independence, but rather to comment, briefly, on the other important requirement for the judiciary to earn the confidence and respect of the public, namely integrity.
Much as the judiciary needs to be independent from outside sources that does not mean that judges should be free to behave as they please. The core function of a judge is to decide cases in a court of law. And for the execution of that function judges are given enormous powers. In constitutional matters they are able to declare invalid any law, including legislation passed by the elected representatives of the nation, and can declare unconstitutional any conduct, of/by the President of the country, that is inconsistent with the Constitution.8 Their decisions affect the rights of individuals, including their liberty, property, status, etc. And if they want to be independent enforcers or guardians of the rule of law judges they must be incorruptible. In the words of Justice Howie, the former President of the Supreme Court of Appeal, judges owe no favours, they must never do; and equally important, the public must never think they do.9 Section 34 of the Constitution provides that everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. Judges are thus required to be fair in the adjudication of matters before them.
Dr Stephen Colbran10 reasons that independence and integrity are without doubt essential requirements for a judge. For this view he takes his cue from Article 14.
'All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.'
Judges must accordingly ensure that when litigants leave the courtroom at the end of their case they do so satisfied that, whatever the outcome, they individually receive a fair hearing before a competent, independent and impartial judicial officer, in the sense that they each had a fair opportunity to present their case and that they were afforded equal treatment. Judicial integrity in a system that applies the rules of law equally to all 'is manifested by impartiality , procedural fairness, and a vigorous application of the law'.12 12 Stephen Colbran, above n 10, quoting Justice Brennan Courts for the People - Not Peoples' courts in a speech delivered at the inaugural Deakin Law School Oration, 26 July 1995 13 Greg Mayne 'Judicial integrity: the accountability gap and the Bangalore principles' in Transparency International's Global Corruption Report 2007. Comparative analysis of judicial corruption are available at www.baselgovernance.org or http://www.transparency.org/publications/gcr/gcr_2007.
14 Judicial Accountability in South Africa (1990) 6 SAJHR 251.
15 Above n 9.
It has been argued that a vital step towards ensuring the overall integrity of the judiciary is to foster a culture of independence, impartiality and accountability among judges.13 The author suggests that the judiciary, like other branches of government, must be accountable directly or indirectly to the general public it serves. I have no difficulty with this proposition as long as it is clearly understood that issues before a judge must be decided without concern for the popularity of the decision. They must apply the law to the facts without regard to possible criticism. My former colleague, Justice Edwin Cameron, states the position thus: 'In the context of the judiciary, accountability entails that judges' performance of their functions should be subject to certain constraints. . . Institutionally, judges are obviously subject to theconstraints of precedentand to the constraints of collegiality (in terms of which decisions of coordinate rank are treated with deference even if not formally binding).'14 Justice Howie, in similar vain, holds that for the decisions they make in court, judges are bound only to the decisions of higher courts, to the law and their consciences.
But judicial independence may be undermined and the integrity of the judiciary dented because of internal weakness. Judges cannot call on their independence as a defence against criticism for judgments unduly delayed, or poorly written. Litigants come to court in the belief that their disputes will be resolved. It is simply unfair, and indeed unacceptable, for litigants to be kept waiting for an inordinately long time for a judgment. Justice delayed is justice denied. One can only imagine the frustration of a litigant who, after waiting for an unduly lengthy period for a judgment, is unable to discern from the judgment when ultimately delivered, why she or he has lost the case. In the recent past the Judicial Service Commission (JSC) has received a not insignificant number of complaints against certain judges for failure to deliver judgments. In some cases judgments had been outstanding for more than three years. Such conduct can only be destructive of the integrity of the judiciary and thus of any confidence the public might have had in it. I should mention that recesses are not for going on holiday. They are primarily for catching up on outstanding judgments. Delivering judgments timeously is, in my view, part of being accountable. And as judges we need to remind ourselves that our decisions must be made through a process of reasoned decision-making and not arbitrarily. They must be justified in law. That is a fundamental principle of the rule of law. Former Chief Justice Chaskalson suggested this morning, and I agree with him, that in cases that are not complex or long judgment should be delivered immediately. But a judge must do so when certain that he or she will be able to express himself/herself clearly.
Jeffrey M. Sharman suggests that judicial independence presupposes a judiciary that is well trained and educated in the law, and that accordingly 'the ideal judge is independent, impartial, and learned in the law'.16 Although this was said in the context of the United States of America, it is true for all democracies. Prior to 1994 judges in South Africa were appointed mainly from the ranks of senior advocates, the rationale being that they were experienced in the practice and procedure in the superior courts. That policy is now a thing of the past. Any appropriately qualified woman or man who is a fit and proper person may be appointed as a judicial officer.17 The responsibility for the selection of suitable candidates for appointment (by the President) as judges rests with the JSC. That body is thus required to ensure that proposed appointees will contribute to maintaining the integrity of the judiciary. In this regard the supplementary criteria used by the JSC in the evaluation of candidates for appointment are important. These criteria include the following: the proposed appointee must be a person of integrity; a person with the necessary energy and motivation; and a person with experience and competence. There can be no compromise on integrity and competence. Some candidates will be less experienced than others but will exhibit potential to be 'the ideal judge'. And this is where the Judicial Education Institute is to play an invaluable role. Its task is to train and prepare individuals who aspire to be appointed as judicial officers and to arrange for, or provide, continuing education for sitting judicial officers.
16 Jeffrey M Sharman Judicial Ethics: Independence, Impartiality and Integrity available at www.iadb.
17 Section 174(1) of the Constitution.
I have mentioned that judicial independence may be undermined and judicial integrity dented because of internal weakness. Article 7 of the Beijing Statement on the Independence of the Judiciary provides that judges 'shall uphold the integrity and independence of the judiciary by avoiding impropriety and the appearance of impropriety in all their activities'. Judges are not above the law. They must avoid impropriety not only during the performance of their judicial function but also in all other activities or conduct.
Commission Amendment Act18 which came into operation on 1 June 2010 provides for the establishment of a Judicial Conduct Complaints Committee headed by the Chief Justice. That committee now deals with all complaints brought by the public against judges. The Act also introduces an enforceable Code of Judicial Conduct, which will guide judges on the important question of professional ethics and also inform the public about standards of conduct that judges are expected to uphold. The Code of Judicial Conduct has already been drafted but awaits parliamentary approval. All these measures are aimed at ensuring that the integrity of the judiciary is maintained.
18 Act 20 of 2008.
'Independence, integrity, and competence, are the hallmarks of a judiciary committed to upholding the Rule of Law and they are the principles for which a judiciary should be held accountable.'
(Delivered at the Hilton Hotel, Sandton, Johannesburg, on 8 July 2011.
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The scope for judicial intervention in the management of litigation, especially in its pre-trial phase, has expanded greatly in the last 30 years. Common law courts, at least, traditionally allowed the parties to dictate not only the forensic battlefield but the pace at which the adversaries will advance towards their battle. However, change is afoot.
First, judges have recognised that the judicial system is a public resource that must be managed so as to ensure that the right of the public to have access to a court to resolve their disputes is not empty rhetoric. Secondly, the availability of evidence has expanded exponentially. That has increased the potential for trials, and pre-trial disputes, to lengthen greatly. Thirdly, legislation has increased the rights and liabilities that parties to disputes can litigate. In a recent speech the Chief Justice of South Australia, the Hon John Doyle AC, attributed the increasing complexity of litigation mainly to the impact of statute law. He said that statute law "is always well intentioned"1. He could have added that the road to hell is paved with similar sentiments.
Courts must hear and decide each dispute, whether criminal or civil, impartially on their merits according to law. That is the hallmark of a civilised society that exists under the rule of law.
A judge of the Federal Court of Australia and an additional judge of the Supreme Court of the Australian Capital Territory. The author acknowledges the assistance of his associate, Hannah Bellwood, in the preparation of this paper. The errors are the author's alone.
1 "Imagining the past, remembering the future", 8th Gerard Brennan Lecture, 24 June 2011, Bond University, Queensland evolving as a means of identifying what the Court must decide to resolve a dispute and how it can do so as quickly, inexpensively and efficiently as possible, while ensuring that justice is done according to law.
Case management is both a flexible tool and a continuing experiment. Every dispute is different.
The law's delay has been a lament of societies for centuries. So too has the cost of justice, not just to the parties but to the community. Until recently, courts using the common law tradition have been reluctant to intervene actively in the conduct of litigation. A reader of Charles Dickens' Bleak House might have come away with the idea that parties who asked the courts to solve their dispute embarked on a complex, costly and almost interminable voyage into unchartered waters.
But that was written over a century before the photocopier began its inexorable influence on the size of commercial, and much other, litigation. Today, almost all litigation involves the use of one or more inventions or innovations made in the last 20 years such as electronically stored information from mobile or cell phone records, social media, communications on Facebook, email, Twitter, contents of computer discs or servers, internet searches, DNA and other scientific evidence.
The impact of these developments has resulted in longer and longer trials that proceed only after more and more detailed consideration of the expanded evidentiary resource base.
The courts provide a civilized society's last resort to its citizens in order to resolve both criminal and civil disputes. As times change, the way in which the courts deal with disputes also change. Chief Justice Doyle suggested last month that our current, Australian common law, system of civil litigation, with a trial concentrating on orality of evidence and submissions, will be displaced by information technology.
"Other fundamentals have brought about a situation in which the system is strangling itself."
The Chief Justice contemplated developing a system where claims in very simple form were commenced at a central registry and then they would be classified as, in effect, first, default judgment claims, secondly, simple or thirdly, complex claims. He lamented that the present system was beyond being tinkered with and that we required a fresh start.
I am somewhat more optimistic. What we must acknowledge is that no other decision-making body in modern society is expected to deal with the volume and scale of material that modern litigation imposes upon judges. Corporate boards, ministerial cabinets and parliaments act on accurately distilled or synthesised accounts of the completing considerations relevant to the decisions they are required to make.
Of course, complete transparency is essential to judicial decision-making. That, ordinarily, requires courts to give reasons to justify any substantive exercise of their powers to determine the rights of litigants before them3. The issue which must be addressed is how can courts discharge their characteristic and fundamental function of quelling controversies on less, but more focused, material while maintaining the community's confidence that not only has justice been done, but it can manifestly be seen to have been done.
The reality which must be grasped, is that, at its heart, every dispute that is litigated has one or a few central, and generally, simple elements. Stripped to its essential characteristics, a dispute, whether criminal or civil, is that one party - the prosecution or plaintiff - complains that the other party did, or failed to do, something that amounts to a legal wrong.
The procedural law of evidence identifies the material that is, or may be, relevant to a court in order to decide if the substantive wrong has been proved. The procedural law operates with the substantive law that created or recognised the alleged legal wrong. As more and more evidence that is potentially available and relevant is created because of modern technology, the courts have to address how to focus the use of that material. In addition, more and more statutory crimes and causes of action have been created as legislative responses to perceived inadequacies of older common law or statutory ones.
If courts are to retain their accessibility and relevance to the public they must, first, devise, and revise mechanisms to crystallise the real issues that need resolution in each dispute and, secondly, formulate an efficient and affordable pathway to enable those issues to be litigated justly according to law. I want to raise some ideas that have been used by judges in Australia and others that, perhaps, we should think about using to achieve these ends.
Ever since 1215, the common law has been moulded by the promise in Magna Carta that the Courts would not seek, delay or deny justice to anyone4.
4 Then in c. 40: since the re-enactment in 1297 (Magna Carta : 25 Edw I) it is c.
and electronic records, negate that fundamental tenet of any system of justice worthy of respect.
I now turn to discuss some means of managing cases and will then survey some of the ways courts organise their pre-trial procedures in which those means could be implemented.
Judicial development of active case management in Australia has been supported by legislative change and a recent decision of the High Court of Australia5. Ordinarily, unless a statute makes a contrary provision, every court has an implied power to do what is necessary in the interests of justice to ensure a fair trial in the proceedings before it. Once a trial has commenced, the judge will be able to exercise considerable procedural powers to regulate the course of the trial. But by then the case may have taken a very long time to come to trial because of overly complex and, perhaps, unnecessary preparatory steps and the burden of many other cases in the Court list awaiting trial.
5 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 1.
Experience in writing judgments suggests that, frequently, the parties have lost sight of the real dispute between them. It is buried in a morass of complex, long pleadings or, worse still, additionally, a great deal of evidentiary material. Very often, the most apparently complex cases distil down to one or a few critical documents or conversations, despite the mountain of other material that the parties tender or adduce into evidence by witnesses.
One early remedy that had an effect was used by the Lord Keeper in England in 1596. He ordered that a pleading 120 pages long be removed from the file because it was about eight times longer than it need have been. He ordered that the pleader be taken to the Fleet prison. His Lordship then ordered that on the next Saturday the Warden of the Fleet bring the pleader into Westminster Hall at 10 a.m. and then and there cut a hole in the midst of the pleading and place it over the pleader's head so that it would hang over his shoulders with the written side outwards. The Warden had to lead the pleader around Westminster Hall while the three courts were sitting and display him "bare headed and bare faced" and then be returned to the Fleet prison until he had paid a £10 fine - a huge sum in those days6. Sir Robert Megarry said that the general present day ignorance of this case among both pleaders and laypersons " is much to be deplored"7.
Early identification of the real issues can streamline, the conduct of a case. By making each party identify what must be proved to succeed, the judge can then begin to craft orders to focus the preparation of the case on those issues. Of course, this does not always result in a narrowing of the dispute. And, in any event, the judge may have to spend considerable time before and during an initial directions hearing to elucidate the issues.
6 Mylward v Weldon: Bailii citation number: [1595] EWHC Ch 1; also inaccurately referred to as Milward v Weldon (1565) Tothill 102 [21 ER 136]: see R E Megarry, Miscellany at Law (Stevens & Sons Ltd : London) at 41 7 Megarry op. cit. at 41 2.
Over the last 30 years many courts have made orders in civil litigation that each party's witnesses give evidence in chief by affidavit or statements that the witness adopts as true in the box. Initially, this method was seen as saving court time and giving the opposing party full notice of the evidence. However, the attraction of this way of adducing evidence has diminished in Australia.
First, the document is invariably drafted by lawyers, not the witness. The selection of the words is carefully crafted to advance or preserve the party's case. Now usually junior lawyers do this work. Their grasp of relevance and admissibility is limited and often their work is driven by the extraneous and time wasting considerations of the fees earned by time billing, copying of one or more folders of annexures or exhibits to the affidavit or statement and the fear of being sued by their client if they leave some tidbit out and the case is later lost. Secondly, the witness has no chance to establish himself or herself in the box before being cross-examined, often to the effect that the reason wording was in the affidavit or statement was because the lawyer said that it had to be so expressed rather than as the witness testified it should have been.
More recently, judges have returned to the use of oral evidence in chief based on the earlier provision of an outline of the evidence the witness is expected to give. Cross-examination is not allowed on the outline without leave, but if the witness departs from it in chief, the other party can object to the new matter and, again, leave to adduce it will be needed. This method has the advantage that the judge hears the witness tell his or her story while referring to any necessary documents. Generally, this method limits the material adduced, since the judge can indicate if it appears to be unnecessary. This is far preferable to requiring one to wade through a vast amount of written and documentary evidence prepared by lawyers.
Discovery is a perennial problem. It has now become even larger with electronically stored information. Just how much of this material is important for the proper conduct of litigation is difficult to assess. It is rare that a "smoking gun" will be discovered, but possible nonetheless. Some alternatives to full discovery can be useful.
For example, orders can be made for the parties to exchange their witness outlines and all significant documents that support or undermine each of their cases - i.e. the kind of documents that the chief executive of a large enterprise would need to give the board so that it could assess whether to risk the shareholders' money on the litigation. Because the outlines and documents must be exchanged, neither side knows in advance of the exchange if the other is aware of a critical fact or document supporting the other's case. This is an incentive to transparency, since a failure to disclose the fact or document not only creates the appearance, or confirms the reality, that the non-disclosing party has something to hide, but also will warrant orders for that party to make more extensive disclosure.
In May 2011, the Australian Law Reform Commission released a report Managing Discovery: Discovery of Documents in Federal Courts8. The report recommended that Rules of Court be made for the parties to prepare a practical discovery plan setting out the matters on which they agree and disagree, including steps that are relevant to searching and accessing electronically stored data. The Commission recommended that judicial education bodies develop and maintain a continuing judicial education program dealing with management of the discovery process in the Federal Court of Australia. That would include the ability to appraise what is necessary for discovery including evaluating discovery plans. It also recommended that the Court's registrars be trained and equipped to hear applications in relation to discovery and that the Court be given power to refer discovery questions and issues to a referee. Another recommendation suggested that legislation give the Court power to order that the party requesting discovery pay in advance, or provide security, for the costs of the other to comply. A more controversial recommendation was for legislative action to permit orders for pre-trial oral examinations about discovery. In addition, the Commission recommended that lawyers' professional bodies should engage in continuing legal education in relation to these new discovery proposals.
8 ALRC 115 4.
In some cases it can be appropriate to specify in advance how long each party will be allowed to examine in chief or cross-examine or make oral submissions. This is particularly useful in urgent cases and ones in which the costs of the parties are likely to become greater than what is at stake, unless some control is exercised.
How often do the parties' written and oral submissions pass like ships in the night One remedy that is effective, at least in the case of written submissions, is to require the parties to agree on their common structure: i.e. the issues to be covered and the order in which the submissions will follow. This enables the judge to put the written submissions side by side to follow what each party wrote on a particular point, rather than searching through an unstructured morass. It makes the task of giving reasons easier?
All registrars of the Federal Court of Australia have been formally accredited as mediators. The Court has power to refer any civil proceedings to mediation under s 53A of the Federal Court of Australia Act 1976 (Cth). In recent years the registrars have developed considerable skill in mediating. This has been recognised by the legal profession and regular litigants (such as government departments or agencies, financial institutions, insurers and protection & indemnity (P&I) clubs).
If the parties do not do so, judges can raise the opportunity to mediate during directions hearings when it appears appropriate. In some areas of the Federal Court's jurisdiction, mediation is used at the parties' request quite frequently. For example, this occurs for cargo claims in Admiralty. The real parties to those disputes are, of course, the cargo insurer of the plaintiff and the P&I club of the defendant. Frequently those professional litigants will seek directions to progress the matter through pleadings to discovery and then, by consent, seek an order for mediation before the Admiralty and maritime registrars. This is because the industry participants have developed confidence in the registrars and, concomitantly, the settlement rate is high.
In addition, where mediation does not resolve the proceedings, the Court can make orders that, while the parties are with the mediating registrar, if they consent, he or she convene a case management conference with them to devise directions for the next state of the litigation. If there is no consent to the same registrar continuing with that case management conference, another registrar can conduct it while the parties are at the Court for the mediation.
Expert evidence can be baffling, especially when the experts are cross-examined, sometimes weeks or months apart. Often there appears to be a chasm between them the size of Victoria Falls. The cross-examination picks at almost every assumption before going to pick at each opinion.
The reality is that much of the apparent dispute between experts is their disagreement with the assumptions the other has been asked to make. Often each expert will agree, if asked to make those assumptions, with the opinions expressed by his or her professional colleague.
Australia has pioneered the technique of concurrent expert evidence. It is also referred to as the "hot tub"9. The way concurrent evidence generally works, though individual judges or tribunals may have their own variants, is that after each expert has prepared his or her report, there is a pre-trial order that they confer together, without lawyers, to prepare a joint report on the matters about which they agree and those on which they disagree, giving short reasons as to why they disagree. Sometimes this process will identify that the experts agree on everything that each has said in his or her reports, on the basis that the opposing expert accepts the assumptions which the other has used. Thus, the role of the expert evidence is finished, and the question resolves into one of dry fact proved by lay witnesses or other evidence.
9 see also: S Rares, Using the "Hot Tub" - How Concurrent Expert Evidence Aids Understanding Issues (2010) 10(2) The Judicial Review 171 where I ordered the experts to prepare a joint report: Australasian Performing Right Association Ltd v Monster Communications Pty Ltd10.
On most other occasions, the range of difference between the experts, which had been apparently vast if one put their two reports side by side, reduces to a narrow point or points of principle. In Strong Wise Ltd v Esso Australia Resources Pty Ltd11 I explained the way in which I had taken concurrent expert evidence from groups of experts in different fields.
Another forensic benefit from the preparation of joint expert reports before the trial is that counsel can be made aware of any relevant factual issues that are contentious between the experts. This can focus and narrow the need for cross-examination of lay witnesses because the joint reports may show that some factual differences do not matter.
10 (2006) 71 IPR 212; [2006] FCA 1806 11 (2010) 185 FCR 149 at 175-176 [93]-[97]; [2010] 2 Lloyd's Rep 555 at 571-572; [2010] FCA 240 8.
Recently the Australian Parliament amended the Federal Court of Australia Act to provide, in Part VB, a statutory underpinning of the Court's powers in civil litigation. The Act now states that the overarching purpose of its and the Court's Rules' civil practice and procedure provisions is to facilitate the just resolution of disputes according to law as quickly, inexpensively and efficiently as possible.
ï· the resolution of disputes at a cost that is proportionate to the importance and complexity of the matters in dispute12.
The Act imposes separate statutory duties on each of the parties and their lawyers to conduct the proceedings consistently with the overarching purpose13.
ï· limit the length of both written and oral submissions14.
The High Court of Australia has reinforced the power of the Courts to exercise significantly more control over civil litigation than may have been customary in former times.
A party has the right to bring proceedings. Parties have choices as to what claims are to be made and how they are to be framed. But limits will be placed upon their ability to effect changes to their pleadings, particularly if litigation is advanced. That is why, in seeking the just resolution of the dispute, reference is made to parties having a sufficient opportunity to identify the issues they seek to agitate.
In the past it has been left largely to the parties to prepare for trial and to seek the court's assistance as required. Those times are long gone. The allocation of power, between litigants and the courts arises from tradition and from principle and policy16. It is recognised by the courts that the resolution of disputes serves the public as a whole, not merely the parties to the proceedings.
Each first instance civil proceeding that is filed in the Federal Court of Australia is docketed - allocated - to an individual judge who will hold a first directions hearing within a few weeks of the filing17. That judge will make all procedural directions and manage the case for a hearing that he or she will conduct.
The underlying principle of the docket system is that once allocated to a particular judge, the case remains with that judge from commencement to disposition. This enables the judge to become familiar with the issues, to help the parties refine them, to ensure that the case is properly managed so that it will be presented at trial in the way it most likely to achieve an efficient presentation of the real issues in dispute and to ensure their speedy determination. In addition, the individual judge managing the case will be able to, where appropriate, suggest or order mediation. The Court also has the facility to order a case management conference, that is, a less formal form of directions hearing in which the judge and the parties sit around a table and seek to deal with the procedural management of the case generally or in respect of particular issues.
The docket system operates by the Registry allocating each new matter to a judge in strict rotation as it is filed. Where the matter is urgent it is referred initially to the duty judge if it has just been filed or the docket judge is not then available to deal with it. Soon after, it will be added to the docket of the judge who would have received it in the ordinary course. A second exception is where the matter falls within the scope of one of the specialist panels or the Admiralty and maritime national arrangement. In the larger registries, particularly New South Wales and Victoria, several panels in speciality areas have been established.
17 The docket judge is the next judge in rotation of those in the registry at the time of filing.
Judges with expertise in those areas are assigned by the Chief Justice to the panels 18.
One criticism of the docket system made from time to time is that a judge may appear to have formed views about the merits as he or she manages the interlocutory processes. That has not been the experience of the Court. It certainly was not the view of the legal profession when I was in practice and people spoke to me on such matters less cautiously than they do now.
The docket system can impose some extra costs early in a proceeding because it is being actively managed by a judge. The counterpoise is that, hopefully, the parties get to the real issues and a trial, or resolution, faster and with less overall expense. The system imposes an extra work burden on the judge in the initial phases, but this is more than compensated for by the saving in time and the increased focus that this produces.
18 In the larger registries (Sydney, Melbourne and Brisbane) judges can be allocated to a number of specialist panels, such for cases involving Patents, Taxation, Admiralty, Competition, Corporations or Industrial/Labour law issues. Where there are panels, cases falling within a panel's area are docketed to the next judge in rotation who is on the panel.
Some courts in Australia, such as a number of State Supreme Courts, use specialised lists for particular classes of matter, where proceedings are managed by a list judge or a registrar or other court official at the pre-trial stage. Similarly, some courts prescribe compulsory procedural directions for the preparation of a case for hearing. Both these methods contemplate that all matters in the list or the court will be prepared in a consistent manner.
The drawback, from the judge's perspective, is that each of us thinks and works differently. In a docket system, the judge can craft directions that will enable the case to be presented in a way that best suits the judge's method of assimilating material and, ultimately, writing or giving reasons for his or her decision.
Of course, the efficiency of all of the possible ways of managing pre-trial matters depends on the size of the Court, the number of judges or others responsible for implementing any system and the workload of the Court, including the number and nature of matters filed in it.
"Work expands so as to fill the time available for its completion."19 19 C Northcote Parkinson : The Economist 19 November 1955 48. The realisation that case management can arm the courts with an effective tool to shape and control litigation before them, offers an important opportunity to reflect on a range of possible solutions to the law's delay. Doing justice according to law lies at the heart of the judicial function. Interminable proceedings, overburdened with prolix pleadings and physical or electronic mountains of documents do not, at first, or second, blush seem intuitively compatible with doing justice. Judges can get lost in the morass and not see the wood for the trees. To mix metaphors, case management can force the parties to cut to the quick. If they do, the real dispute will be easier to identify, and the material that assists in its determination more contained. Those features will conduce to more judicial time being available to solve that dispute and others and the likelihood that the judge will see the wood, despite the necessary presence of trees.
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It is an honour and a privilege to be invited to make opening remarks at this historic gathering. This is indeed a momentous occasion for our country as the three arms of government gather for the first time to discuss an issue so critical and fundamental to our democracy: Delivering accessible and quality justice for all.
This important conference gives us the opportunity as this collective to come up with innovative ways on how to enhance access to justice and more importantly to ensure that all our people have access to quality justice. Given our history and context access to justice is of utmost importance in fostering a just and equitable society.
It is of significance for us that this gathering takes place shortly after the 56th anniversary of the adoption of the Freedom Charter which embodies a broader definition of justice by proclaiming that "South Africa belongs to all who live in it and that no government can justly claim authority unless it is based on the will of the people." The Charter further declares that "All shall be equal before the law! All shall have equal human rights!!"
The adoption of the Freedom Charter represented a creative response wherein the disenfranchised concretised their vision of what a future just society and democratic dispensation would entail in the face of an increasingly repressive and exclusionary state. At the time, law was used increasingly by the apartheid state as the primary tool to facilitate its programme of social engineering to exclude the majority of our people politically, economically and socially.
Under the doctrine of parliamentary sovereignty, supported by a complicit judiciary, the law was virtually ineffective as a shield for protecting the vulnerable. The most relevant example in this regard is found in the 1962 Supreme Court judgment of Minister of Interior versus Lockhat and Others where an attempt was made to challenge the Group Areas Act.
"The Group Areas Act represents a colossal social experiment and a long term policy. Parliament must have envisaged that compulsory population shifts of persons occupying certain areas would inevitably cause disruption Whether all this will ultimately prove to be for the common good of the inhabitants is not for the court to decide The question before this court is the purely legal one not the discriminatory results complained of."
This position was supported by some sections in the legal fraternity who argued that under the cardinal constitutional principle of parliamentary supremacy, the essential function of the court is to apply the law - any law which Parliament chooses. As apartheid laws violated nearly every provision of the Universal Declaration of Human Rights, the law became synonymous with injustice. It was not surprising that people lacked faith in the legal system and expressed serious reservations when, during the Constitution making process, we debated empowering the judiciary to validate laws enacted by a democratic Parliament accountable to the people.
In the 1995 case of the State versus Makwanyane, former Justice Mohamed held that and I quote "The South African Constitution is different: it retains from the past only what is defensible and represents a decisive break from, and a ringing rejection of, that part of the past which is disgracefully racist, authoritarian, insular, and repressive and a vigorous identification of and commitment to a democratic, universalistic, caring and aspirationally egalitarian ethos, expressly articulated in the Constitution".
Giving expression to a broader sense of social justice, the Preamble of our Constitution accordingly proclaims that the Constitution was adopted to "establish a society based on democratic values, social justice and fundamental human rights" in which "government is based on the will of the people and every citizen is equally protected by law" and to "improve the quality of life of all citizens and free the potential of each person".
The Constitution, which is supreme therefore applies to all law and binds the legislature, the executive, the judiciary and all organs of state. The Bill of Rights not only guarantees that the state will not negatively infringe civil and political rights, but it also imposes a positive duty on the state to "respect, protect, promote and fulfil the rights enshrined in the Bill of Rights." Significantly this includes that the state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of socio economic rights which are the right to healthcare, food, water social security and housing.
The important equality provision states, that "everyone is equal before the law and has the right to equal protection and benefit of the law", that "equality includes the full and equal enjoyment of all rights and freedoms," and that "everyone has inherent dignity and the right to have their dignity respected and protected."
Under a supreme Constitution with a Bill of Rights, these core values were adopted to achieve substantive equality, human dignity, the protection of human rights and freedoms, non-racism and non-sexism; a democratic system of governance and the rule of law". Section 34 of the Bill of Rights is particularly important in this regard as it provides for the constitutional right of access to justice, by prescribing that "everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum".
In its 2008 report the United Nations Development Programme Commission on Legal Empowerment of the Poor estimated that four billion people around the world are robbed of the chance to better their lives because they are excluded as a result of poverty. The report indicates that it is only the minority of the world's people who live mostly in the developed economies who can take advantage of legal norms and regulations. Thus, whereas the same protections and instruments exist in many developing countries, the overwhelming majority, mostly the poor, have no way to access them.
In a similar vein the UN report released a few days ago on "Progress of the World's Women: In pursuit of Justice" highlights the challenges faced by women in accessing the justice system. Whereas legislative frameworks have been reformed, it is clear that this is only the first step and that implementation is essential. It can be noted that our vibrant Parliament which is truly representative of all sectors of society has ensured that the progressive laws that address important matters of access to justice, health and labour are in place.
It is gratifying to note that the United Nations report on Women recognises the South African example of the Thuthuzela Care Centres as international best practice. These centres act as one-stop facilities aimed as a critical component of South Africa's anti-rape strategy. They have assisted in reducing secondary victimisation, improve conviction rate and thereby ensure access and realisation of justice.
The lofty words of our Constitution often ring hollow, to those whose human rights are infringed. Undoubtedly much has been achieved by the state in the last 17 years, but given the systematic discrimination and exclusion of the past, it is not surprising that many provisions in the Bill of Rights remain not fully realised. The bitter irony is that while the Constitution is premised on achieving equality, those most in need of protection are often unable to exercise their rights.
I am pleased to note from the 2011 Budget Speech of the Minister of Justice and Constitutional Development in Parliament that improving access to justice remains the primary focus of our government, with approximately 70 per cent of the budget allocated to service-delivery programmes to ensure access to the indigent.
It is estimated that Legal Aid South Africa provides representation in 80 to 95 per cent of all High Court cases. This success notwithstanding, that only 10 per cent of the available resources are allotted to civil matters, with a focus on family law and matters affecting the landless, is commendable. While this focus is laudable, there is however a need to find the means to provide access to justice in non-criminal matters as there is no explicit right to legal representation at state expense in civil cases. This includes constitutional matters.
In the Foreword to the manual "Making Legal Aid a Reality" (a source book for policy-makers and civil society) former Constitutional Court Justice Albie Sachs says and I quote: "We cannot restrict ourselves to seeing the problem of access purely in terms of finding more funds and extra people to help those who cannot afford to hire lawyers. There are numerous other ways of achieving greater access. We can remove barriers, which at present block access. Laws can be written in more accessible language and in the languages used by the people affected by them. Procedures can be simplified."
Legal aid also makes little provision, for aid in matters relating to social assistance. Thus whereas section 27 of the Constitution guarantees the right to social security, the only recourse available to a person who has been refused a grant is to approach the High Court. To do so, an attorney is needed, but how would an indigent person with no means to support himself or herself afford a lawyer considering that legal fees are so high We have already set up various tribunals such as the Commission for Conciliation Mediation and Arbitration (CCMA) and perhaps it would be feasible to look at expanding these types of tribunals to other matters that require intervention?
Chief Justice Ngcobo on 15 April 2011 in an address on Access to Justice mentioned that a junior counsel appearing before the Constitutional Court charges approximately R8 000 per day, while a Senior Counsel costs as much as R38 000 daily. Statistics elsewhere indicate that a single hour's consultation with an attorney would cost between 8 and 21 per cent of the average South African monthly wage. This is compounded by low literacy rates, problems of distance and the fact that Afrikaans or English are still the languages used by courts.
In its 2010 report, Access to Justice: Human Rights Abuses Involving Corporations: the International Commission of Jurists noted the urgent need to improve legal representation in non-criminal matters as already disadvantaged people are further disempowered when confronted with complex legal issues and proceedings. Without representation they are more likely to obtain an inequitable result, particularly where the matter involves a socio-economic power imbalance and where the other side has legal representation.
If the poor are to be legally empowered, they must have effective, legally protected rights, not just the right to vote, the right to free expression, and the right to due process. It is a central purpose of democratic societies to provide these rights, and on an on-going basis. Transforming society to include the poor requires comprehensive legal, political, social, and economic reforms. This is something that we need to work towards collectively as the state, but also with the very active support of the legal fraternity and civil society.
In 2002 already, Judge Navsa noted that whereas during apartheid we had a committed legal fraternity interested in fostering change but since the advent of democracy, in spite of South Africa's having one of the best Constitutions in the world, its legal practitioners "are losing their social consciences" and are doing less and less pro bono work.
Today our Parliament, is not only the guardian of democracy, but an institution that must shape and give meaning to the achievement of substantive equality. In terms of section 42(3) of the Constitution, the National Assembly is elected to represent the people under the Constitution and it does this by among others, providing a national forum for the public consideration of issues, by passing legislation and by scrutinising and overseeing executive action.
In the first three democratic Parliaments, not only have we removed all known discriminatory laws from the statute books, but we have also enacted a significant amount of legislation aimed at promoting and fulfilling the rights enshrined in the Bill of Rights.
It is widely acknowledged that a significant barrier to access to justice is as a result of people being unaware of their rights and remedies. Parliament's system of public participation when passing legislation not only goes a long way in making people aware of the contents of Bills before Parliament, but it also gives the public a meaningful opportunity to participate in shaping the legislation. I have come to realise however, that the Bills that go out for public comment are mostly in English. Together with the Executive, we need to look at means of making translated Bills more accessible so that the public at large can make a meaningful input.
While the enactment of new laws to achieve the vision of the Constitution is on-going, the Fourth Parliament has also placed greater emphasis on oversight. The Portfolio Committee on Justice and Constitutional Development has always been a very robust committee. The rigorous manner in which they dealt with the delays pertaining to the implementation of policy for the Sexual Offences Act is but one example of our Parliament's on-going engagement with the Executive. Parliament enacts the laws and the Executive is expected to implement them without delay.
Our Parliamentary system envisages constituency offices and public participation processes as being a vital part of public education. Ideally, constituency offices should be the real barometer to measure change in the lives of our people, and to serve as an information hub for those without necessary means.
Whilst judicial remedies are indispensable for implementing and enforcing human rights protections, non-judicial remedies can significantly enhance access to justice. In this regard bodies such as the South African Human Rights Commission, the Commission on Gender Equality and the Public Protector were created to play a meaningful role. These institutions should act as catalysts for ensuring that people are aware of their rights, that people have access to information. However the extent to which such work enhances access to justice still remains unanswered.
Measures to improve access to justice should focus on developing low-cost justice delivery models, taking into account the cost of legal services and remedies, the capacity and willingness of the poor to pay for such services, congestion in the court system, the incentives of the judiciary and law enforcement agencies and the efficacy of informal and alternative dispute resolution mechanisms.
The Commission for Conciliation, Mediation and Arbitration (CCMA) has achieved a moderate degree of success and we must look into establishing similar tribunals to make justice more available. In this way the legal system can be enhanced to play a role in supporting poverty eradication by helping poor people to access the appropriate mix of rights and remedies. In such contexts, law and justice sector reforms can provide the foundation for protection and incentives to enable poor people to realize the full value of their human and physical capital.
Former Justice Albie Sachs also makes the point that culture could play a part in the increasing access to justice by, and I quote: " enhancing the participatory and restorative aspects of the justice system. South Africa happens to be the country where the ancient African philosophy of ubuntu meets the evolving international notion of restorative justice. Offenders and victims are brought together. Families are involved. The emphasis shifts from almost exclusive focus on punishment to seeking ways and means of repairing damage and healing torn social fabric."
We therefore have to ensure that our people have a legal and judicial system that they can access and one that ensures their legal entitlements are practical, enforceable and meaningful.
The Constitution envisages that the State, consisting of the Legislature, the Executive, and Judiciary, while maintaining the separation of powers, collectively plays a role to ensure that the goals of transformation are achieved.
The Constitution states that judicial authority of the Republic is vested in the courts and that they are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice. The Constitution further provides that no person or organ of state may interfere with the functioning of the courts and organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts.
In the 1999 case of Dr Frene Ginwala the former Speaker of the National Assembly versus Ms Patricia De Lille it was held that and I quote: " the Constitution is the ultimate source of all lawful authority in the country. No Parliament, however bona fide or eminent its membership, no President, however formidable be his reputation or scholarship and no official, however efficient or well meaning, can make any law or perform any act which is not sanctioned by the Constitution." In this regard Superior courts are enjoined to declare any law or conduct that is inconsistent with the Constitution invalid to the extent of its inconsistency.
Chief Justice Ngcobo eloquently stated and I quote it is in the performance of this role that the judiciary, in particular, the Constitutional Court, interacts with other branches of government. It is within this context that the constitutional dialogue between the courts and other branches of government must be understood. The idea of a constitutional dialogue arose, in part, in response to the criticism in other jurisdictions that the exercise of judicial power to invalidate legislation is anti-majoritarian in the sense that it replaces the will of the people as expressed by the elected legislature or executive with the will of undemocratically selected judges. More generally, it is a response to the need to find a formulation of the separation of powers that accurately captures the true relationship between the courts and other branches of government.
I agree with Chief Justice Ngcobo that the concept of a dialogue between the branches marks a shift from a view under which the branches of government are perceived as being engaged in a turf war, to one in which they are bound together in an on-going and shared endeavour. Under the former view, it might well be recognised that the courts have a constitutional mandate to strike down unconstitutional action or legislation; but when such power is exercised, it is perceived as the end of the matter.
It is important to note that our arms of government are in actual fact already working together and cooperating with each other within the framework of our Constitution. A case in point is the Judicial Service Commission where the three arms work together to appoint members of the judiciary. We should continue to seek more avenues for cooperation to improve the lives of our people.
In 1998, in the case of De Lange versus Smuts the Constitutional Court stated and I quote "over time our courts will develop a distinctively South African model of separation of powers, one that fits the particular system of government provided for in the Constitution and that reflects a delicate balancing, informed by South Africa's history and its new dispensation, between the need, on the one hand to control government by separating powers and enforcing checks and balances, and, on the other, to avoid diffusing power so completely that the government is unable to take timely measures in the public interest."
As the ultimate guardian of the Constitution, Courts occupy a very powerful position and for this their independence is crucial. They also need to be beyond reproach. Discussions in the past have often concentrated on securing judicial independence by insulating judicial processes from external influence, but more recently the question has been asked as to how you deal with this where judicial independence is undermined not because of external influence, but because of internal weakness?
In undemocratic states, safeguarding the independence of the judiciary in relation to the state was considered more of a priority than judicial accountability. Given this context, and the tension that exists between the principles of independence and accountability, efforts to address judicial accountability have been perceived as problematic.
Today it is broadly accepted that the judiciary, like other branches of government, must be accountable directly or indirectly. It has been pointed out however that holding the judiciary accountable to an external body raises questions as to whether that same process could be used to undermine judicial independence. Accountability mechanisms, particularly those using external bodies, would expose the judiciary to the risk that its processes will be used by aggrieved parties for the purposes of harassment or intimidation. By contrast, internal judicial accountability mechanism, while they protect judicial independence, raises issues of legitimacy, apparent or otherwise.
Long delays or unethical conduct of judges are not conducive to legitimacy of the law. Studies show that where justice is not seen to be happening, people lose faith in the system and create alternate centres of justice. The often quoted adage holds true that justice delayed is justice denied equally true is that justice denied anywhere diminishes justice everywhere. However this conference is a testament to the fact that the judiciary itself is leading the process of addressing these concerns.
I am confident that this conference will come up with innovative solutions to assist us in our endeavour to provide quality justice to all our people. Your inputs will guide us in creating a just and equitable society.
ï· The Constitution Amendment Bill will define the role of the Chief Justice as the Head of the Judiciary, provide for a single High Court of South Africa comprising of various divisions; establishes the Constitutional Court as the highest court of the land on all matters and to further regulate the jurisdiction of the Constitutional and the Supreme Courts as well as the composition and functions of the Judicial Services Commission.
ï· The Legal Practice Bill will provide for the creation of a unified body for the legal profession, to be known as the South African Legal Practice Council to regulate the affairs of the profession including setting norms and standards; introduces community service for the candidate legal professionals; provides for the establishment of a Legal Services Ombudsman; and provides for a Transitional Council to oversee the implementation of the Bill.
Let me conclude by quoting Kofi Annan, former Secretary-General of the United Nations The United Nations has learned that the rule of law is not a luxury and that justice is not a side issue. We have seen people lose faith in a peace process when they do not feel safe from crime. We have seen that without a credible machinery to enforce the law and resolve disputes, people resorted to violence and illegal means. And we have seen that elections held when the rule of law is too fragile seldom lead to lasting democratic governance. We have learned that the rule of law delayed is lasting peace denied, and that justice is a handmaiden of true peace.
We must take a comprehensive approach to Justice and the Rule of Law.
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We are gathered to discuss a compelling and very important subject of access to justice.
But first and foremost, allow me, on behalf of our government and the people of South Africa, to convey our gratitude to our Chief Justice and the Heads of various Courts for hosting this important conference.
We also extend a warm welcome to our international guests who have come in numbers to share their views and experiences.
I am also heartened by the presence of the members of the Legislature and Executive branches of our Government in this conference.
This is an affirmation of our constitutional value of cooperative governance, on which our model of separation of powers is premised.
The separation of the three branches of the state form a critical basis of our open and democratic society founded on equality and human dignity.
Access to justice is a fundamental human and democratic right, a central pillar of a free and equal society.
Therefore this conference demands a candid reflection regarding the progress we have made in transforming our society as South Africans.
South Africa stands out as a shining example for many countries which are still grappling with issues of transformation and the consolidation of national unity.
We have made significant strides in striving for access to justice for all our people since 1994. We have abolished many laws which were inconsistent with our constitution.
Our greatest achievement as a new nation in the 1990s was the adoption of a constitution which enshrines human dignity, equality and the advancement of human rights and freedoms.
In addition, the equality clause in the Bill of Rights stresses not only equality before the law, but the right to equal protection and benefit from the law.
In addition we have the Chapter 9 institutions, with the key responsibility of promoting democracy and protecting the rights of citizens even further.
Even before we adopted the final constitution in 1996, the values that we espoused in society proved impeccable.
One of these values is access to justice and human rights by the poor.
There are matters which may sound simple but which seriously hinder access to justice by scores of disadvantaged people.
This conference will look at some of these obstacles and look for solutions.
These hindrances are two-fold. One aspect affects judicial officers as dispensers of justice. Their working conditions may impact on access to justice.
As early as 2003, Chief Justice Ngcobo, then a Judge of the Constitutional Court, outlined some of these obstacles in a paper entitled "Delivery of Justice: Agenda for Change".
"And it suffers when some courts have to contend with poor and inadequate support service. Indeed justice suffers when in some courts judges have no chambers to work from and insufficient court rooms for cases to be heard". (unquote).
The other side of the coin is the difficulties for the recipients of justice, especially the poor. Their situation is more desperate because unlike judicial officers, they are powerless and usually cannot solve the conditions they find themselves in.
One main impediment to access for scores of our people is poverty.
Due to poverty-related lack of education and ignorance, many people do not know the law and cannot exercise their rights. This makes the saying ''ignorance of the law is no excuse'' an anomaly in a developing country.
This tenet excuses the blocking of access to justice for the poor and disadvantaged. Access to justice should therefore also involve, to a great extent, citizen education about the justice system.
People need to know their basic rights, the different courts and other structures they can have recourse to when they have problems.
Poverty also makes it difficult for the poor to enjoy equal benefits of the provisions of the law, when they do not have resources such as paying legal fees. Fortunately, Legal Aid South Africa continues to offer legal representation to the indignant free of charge.
This year more than four hundred and thirty seven million rand has been allocated for the increased capacity of Legal Aid South Africa, in order to enable increased access to justice for the poor.
Access to justice is also hindered by language. Some people lose cases due to incorrect interpretations by interpreters.
For yet others, access to justice is hindered by lack of transport, to reach the courts, which may be far from their places of residence. Government has set aside R2,5 billion to construct more courts to attend to this challenge.
Access to justice also refers to the efficiency of the court system.
Some of the challenges include failure to deliver judgments on time, unreasonable delays in the finalisation of cases, unwarranted and unsubstantiated court orders and poorly considered judgments. All these have devastating effects on the lives of our people and put strain on state resources too.
Another cause of frustration for many is the lack of communication around cases. They travel long distances only to find that they have travelled jsut for a postponement. Almost 80% of awaiting trial detainees transported to courts are for the mere purpose of postponements.
As a result, government is exploring the Audio Visual Remand system. Victims of crime will attend sittings where cases will actually be fruitfully dealt with in court.
Linked to efficiently dealing with postponements, we are pleased that courts are also emphatic about resolving case backlogs.
I know that in the North West, certain judicial officers have embarked on working on Saturdays to reverse case backlogs in our system.
Access to justice must also refer to improving efficiency in our maintenance courts.
As government, we have identified Maintenance and Masters' services as areas that must receive our utmost attention as these are issues affecting the welfare of our people.
We know too well that implementing an effective maintenance recovery and payment system would reduce dependence on the child support grant as more and more working parents will be compelled to support their children.
We are also putting more efforts to turn around the Master's offices to improve services relating to the winding up of estates of the deceased, the administration of insolvent estates and payments from the Guardian's Fund.
Government has also catered for access to justice for children, through the Child Justice Act. The law caters for children to ensure that their participation in litigation and eventually in serving sentences does not compromise their stages of development.
This includes the protection of children who are victims of crime from the harshness of the normal courts, where otherwise they would have to face their abusers.
To promote access to justice for women, we have continued over the past year to launch Thuthuzela Care Centres for victims of sexual and domestic abuse to find temporary shelter while lasting solutions are being sought. Their number has risen from 17 to 27.
One of the principles of access to justice relates to what others may call petty civil claims.
In this regard, we have established 224 Small Claims Courts. Twenty six of these were established last year to enable litigation over claims not exceeding R12 000.
As Small Claims are not dealt by Judges but by Commissioners, we have appointed 229 Commissioners in the past year and we are on course towards ensuring that all of the 384 Magisterial Districts are covered in this regard.
On record, over 400 000 cases have been dealt with by the Small Claims Courts over the past year and this is evidence of access to justice by poor litigants.
As you would know, all Magistrates Courts have been designated Equality Courts, and in this regard, over 320 cases have been dealt with by these courts between 1 April and 30 September 2010.
We are pleased that among the pertinent themes which will be discussed in this conference is judicial independence, which together with the rule of law are interconnected with the notion of Separation of Powers.
The concept of Separation of Powers as we know it today has ancient origin, and enjoyed pride of place even in the unity of the 13 states of America in 1788.
After the Civil War of the Americas, the triumph of the people was marked mostly in adopting a constitution based on the separation of the Legislature, Executive and the Judiciary. The constitution was regarded as supreme law.
The principle of precedence in the adjudication of the cases before the Judiciary was also adopted, to ensure consistency as one of primary requirements for a just dispensation.
This ensures that justice is dispensed without any fear or favour and that all enjoy equal status before the law.
Also important is the appointment of judicial officers, whose duty is to inspire the confidence of the people on the system.
It is an established principle that access to equal justice and the protection of human rights and civil liberties is dependent on the guarantee that judges are not only independent but are also seen to be independent in decision making.
Judicial independence and the Rule of Law are the pillars of democratic systems world-wide.
Article 10 of the Universal Declaration of Human Rights of 1948, affirms that all persons are entitled in full equality to a fair and public hearing by an independent and impartial tribunal.
This principle has evolved over time and subsequently formed part of the Basic Principles on the Independence of the Judiciary, which were adopted by the UN General Assembly in 1985.
These Basic Principles of Independence require States to guarantee the independence of the judiciary in their Constitutions.
Indeed, our Constitution has adequate checks and balances to protect and safeguard the independence of the judiciary.
The appointment of judges in the different judicial offices has also been found to be in line with our model of separation of powers.
The functioning and role of the Judicial Service Commission in the appointment of judges and handling of complaints against judges is paramount.
Its diverse composition of representatives of the three arms of Government and the legal profession provide the necessary balance and an ideal mixture between competing interests.
All these enhance not only our legal system, but our constitutional democracy as well. We have done truly done well in transforming our legal system over the past 17 years.
While acknowledging the strides we have made, it is our well-considered view that there is a need to distinguish the areas of responsibility between the judiciary and the elected branches of government, especially with regards to government policy formulation.
The Executive, as elected officials, has the sole discretion to decide policies for Government.
This challenge is perhaps articulated clearly by Justice VR Krishna Lyer of India who observed that: "Legality is within the courts' province to pronounce upon, but canons of political propriety and democratic dharma are polemic issues on which judicial silence is the golden rule."
This means that once government has decided on the appropriate policies, the judiciary cannot, when striking down legislation or parts thereof on the basis of illegality, raise that as an opportunity to change the policies as determined by the Executive area of government.
There is no doubt that the principle of separation of powers must reign supreme to enable the efficiency and integrity of the various arms of the State in executing their mandates.
Encroachment of one arm on the terrain of another should be frowned upon by others, and there must be no bias in this regard.
In as much as we seek to respect the powers and role conferred by our constitution on the legislature and the judiciary, we expect the same from these very important institutions of our democratic dispensation.
The Executive must be allowed to conduct its administration and policy making work as freely as it possibly can.
The powers conferred on the courts cannot be superior to the powers resulting from the political and consequently administrative mandate resulting from popular democratic elections.
Political disputes resulting from the exercise of powers that have been constitutionally conferred on the ruling party through a popular vote must not be subverted, simply because those who disagree with the ruling party politically, and who cannot win the popular vote during elections, feel other arms of the State are avenues to help them co-govern the country.
This interferes with the independence of the judiciary. Political battles must be fought on political platforms.
With regards to transformation, the Minister of Justice and Constitutional Development will elaborate on some of the programmes and legislation that Government and the judiciary is spearheading.
These include the Constitution Seventeenth Amendment Bill and the Superior Courts Bill which have been in the making for more than a decade.
The Honourable Chief Justice and the Minister have made firm commitments to facilitate the finalisation and introduction of these Bills into Parliament.
Together with Cabinet I have had an opportunity to consider a comprehensive report from the Minister on some of these Bills and other on-going judicial reforms championed by the Chief Justice.
As the Executive, we remain committed to the independence of the judiciary as entailed in our constitution.
We maintain that the integrity of our Constitution is beyond doubt and the Constitutional Court remains the primary custodian of the Supreme Law in the land.
Access to justice, as I indicated, is not only limited to the personnel, but to the institutions which deal with this aspect.
We bank on this kind of forum to proffer suggestions on how best to utilise these institutions, which include the Chapter 9 institutions which promote the rights of our citizens.
I trust also that you will be able to deal with issues beyond the dominant aspects of civil claims and criminal cases, and discuss other aspects of justice such as environmental justice, social justice, restorative justice, gender justice, and so on.
As I conclude, I wish to assure you on behalf of the Executive, that we share the same aspirations with regards to the quest for access to justice in our country by all our people.
I am confident that this conference will generate an outcome that will take us forward in the quest for equal justice for all our people - young and old, rich and poor, urban and rural, men and women.
Once again, thank you for this privileged interaction.
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It is an honour and privilege to address this historic and important Conference and would like to thank the Chief Justice and the Heads of Courts for convening this prestigious and dignified event.  We in the Justice family are grateful to the President of the Republic of South Africa, President Jacob Zuma, for having taken time from his heavy schedule to come and address this gathering of esteemed jurists, policy makers, strategists and policy implementers, among others.  Those who will be watching news on tv tonight will be forgiven if they mistakenly believe this gathering to be part of the President's programme on Libya and Russia wherein he has been representing the South African perspective on the promotion of global peace, the rule of law and the universal adherence to the broad spectrum of justice as espoused by the world's democracies.
Our gratitude also goes to the members of the legislature and my colleagues in Cabinet for having taken leave of their pressing Parliamentary and Executive assignments to be part of this very important gathering. We are equally indebted to our guests from the Continent and from other International jurisdictions, for having sacrificed their time to come and share their judicious wisdom with their South African counterparts in pursuit of global justice.
The President has already alluded to the significance of today's gathering which has brought together the three Branches of the State who over the next three days will collectively and jointly unravel challenges confronting our justice system and in their collegial wisdom, seek answers that will benefit the South African justice system. What makes the Conference more significant and different from previous conferences is its clear and unambiguous articulation of its programme which is geared towards the development of an implementable plan of action to address the challenges and shortcomings that continue to deprive society of equal justice.  There have been, since the advent of our constitutional democracy, a number of colloquia, conferences and engagements between the Government and the judiciary which sought to crystalise a vision of a transformed judicial and legal system suited to the values of our post Apartheid constitutional dispensation.  I am confident that this Conference is in no way a re-invention of what has been analysed, debated and agreed to upon in the past, but a consolidation of the different initiatives that have been and are being undertaken as well as developing a clear agenda to accomplishing the outstanding tasks that still lie ahead.
Distinguished guests and delegates, the importance of justice is succinctly captured in the famous quote attributed to Marcus Tullius Cicero in that "Justice is the crowning glory of all the virtues". It is for this reason that we wait with anticipation the outcome of this very important conference.
By historical account, justice cannot be the direct result of power balance, but the adherence to the ideal values that society has collectively embraced, and which makes no distinction between the powerful and the weak in every aspect of social, political and economic life. The question we could accordingly ask ourselves, is whether or not the national, regional and global institutions and programmes reflect this impartiality in the relationship between power and justice.
There are instances that we could refer to with regards to how power, including military superiority, determines outcomes and dispensations that could be adjudged as injustice to say the list, and a crime against humanity in some if the worst scenarios.
"The resolution urges the UN General Assembly to address the continuing impunity of war crimes and possible crimes against humanity committed Amnesty International is urging the General Assembly to move the process towards international justice as swiftly as possible. Palestinian and Israeli victims of the 22 - day conflict in Gaza and southern Israel have been waiting for justice for more than two years, and the domestic authorities have shown that they are unable or unwilling to provide it. Amnesty International has been calling for international justice solutions to end the cycle of injustice and impunity. The General Assembly must now ensure that the issue is placed on the Security Council's agenda in a way that facilitates meaningful action, in particular referral to the ICC.
This quote reflects on the failures by State authorities in the case of Israel and de facto Administrative authorities in the case of Hamas, to dispense justice independently, impartially, thoroughly, effectively and promptly, these being the basic attributes of justice in the power balance between the weak and the strong. In response to these failures, Amnesty International then besiege the UN General Assembly and the UN Security Council to become the custodians of these processes informed by the Fact Finding mission report, so that justice may reign supreme for the victims of the Gaza conflict.
However, recent patterns of development also brings into the fore the question of the UN General Assembly and in particular the UN Security Council, to dispense justice in line with the principles of international law. In this, the role of the International Criminal Court, in whose chambers Amnesty International argues must be the referral point of the Fact Finding Mission is itself being brought into disrepute. The pattern wherein only the weaker countries have their leaders hauled before those chambers for trial is indeed disturbing to say the least. We do not condone any crime committed in Sudan or Libya or anywhere else by whosoever. However, access to justice must be seen as not biased against the weak in favour of powerful nation States. This is the picture on access to justice that I wish to paint on both domestic and international scenarios.   Back on the domestic scenario, our Constitution, which is our Supreme Law, is a product of intense negotiations and dialogue.
We come to this gathering in our full conviction that the 3 day Access to Justice dialogue will yield the desired outcomes of a truly accessible justice system that South Africans yearn for.  I therefore believe that this Conference will reflect on the (draft) resolutions of the 2009 Judges' Conference which include a commitment made by judges to act fearlessly and be guided by their conscience as they are only accountable to the Constitution and the law. They must not bow to pressure regardless of its source.
Programme Director, allow me to first give a broad perspective of the concept of access to justice and how it is generally understood in the context of our transformative Constitution.   Access to Justice has become an internationally acclaimed concept which is used to define initiatives undertaken by States to improve the lives of their most vulnerable communities, in particular the poor and the indigent and denotes a commitment by such States towards the attainment of universal human rights and justice.  In its broader sense, Access to Justice is defined in the context of programmes undertaken by States to promote equality, eradicate poverty, improve illiteracy, empower women and children as part of the initiatives which seek to promote and enhance access to justice.  South Africa is a signatory to international and regional human right instruments that promote access to justice. Nationally, these provisions are made part of our laws and form the basis of the Constitution.  Within every country, Access to justice, similar to the principle of separation of powers, is defined in the context of the given political history.  As eloquently described in the Postamble of our Interim Constitution of 1993, ours is a history of a deeply divided society characterised by strife, conflict , untold suffering and injustice.  It is in this context that in the Preamble of the Constitution is reflected as ourSupreme Law envisioned to heal the division of the past and establish a society based on democratic values, social justice and fundamental right.  The values which underpin our Constitution, of a democratic society founded on human dignity, equality, non-racialism and non-sexism, are implicit in the enforceable Bill of Rights enshrined in Chapter 2 of the Constitution.   The Bill of Rights binds the legislature, the executive and the judiciary and Organs of State who all must ensure that the human rights in the Bill of Rights are progressively realized.
the development of the rules of procedure to provide for easier, speedier and affordable procedures to be followed in obtaining legal redress.
The broad connotation of the Access to Justice lies in the scheme of our constitutional framework, premised on the Supremacy of the Constitution, the Rule of Law and the enforceable Bill of Rights.   The Bill of Rights in the Constitution is an embodiment of the value system founded on Access to Justice without which the Constitution will be a lifeless document.  It gives meaning to our collective endeavor as the Branches of the State and business community, including the legal profession, to transform society to realize the ideals that underpin our democracy.   The Constitution places the responsibility on the State to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of the socio-economic rights in the Bill of Rights.  A strong independent and accountable judiciary is necessary to interpret and give effect to the legislation enacted by our Parliament.  Our Constitutional Court continue to adopt a value-based purposive approach in the interpretation of the Bill of Rights, thereby expanding the meaning of Access to Justice to relate to all measures undertaken by Government and Organs of State to progressively realize the values in our Constitution.  This method of interpretation derives from the Constitution, which enjoins every court, tribunal or forum to promote the values that underlie an open and democratic society based on human dignity, equality and freedom when it interprets the Bill of Rights.   Our courts are therefore the final arbiter on matters relating to the enforceability of the rights in the Bill of rights, including the rights to housing, health care, food, water, social security, education and environment, which characterize the social justice fabric of our Constitution.   It is in respect of these socio economic rights in particular, that the courts must exercise the power of judicial review cautiously and judiciously.
Section 34 of the Constitution provides that "everyone has a right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, another independent and impartial tribunal or forum".   In the context of our judicial and legal system access to justice relate to access to courts; access to legal services; access to the legal profession; and access to legal work.  Access to legal services includes the provision of affordable legal services and adequate legal aid particularly to the marginalised poor and rural communities.    Access to the legal profession requires improving the quality of legal services by encouraging continuous and sustained programmes for skill enhancement and professional qualifications, monitoring and evaluating academic qualifications and improving the regulation of legal services and the development of common ethical standards for all legal practitioners and the implementation of positive measures designed to protect and advance historically disadvantaged individuals.
Many of our people living in the rural areas complain about poor services, unnecessary postponement of cases, delays in the finalisation of cases, long distances which they must travel to courts; racism and abuse at the hands of the judicial officers and other officials in the criminal justice system.  The delay in the finalisation of cases negatively impacts on access to justice.  These are matters that we must address collectively if public confidence in our judicial system is to be maintained and enhanced.
I am pleased to report that we have, through the support of the judiciary, attained progress wherein Government's efforts to the integrity and effectiveness of the criminal justice system is increasingly yielding positive results.  The strides and milestones we have achieved which include the significant reduction of serious contact crimes realized in the recent past is attributable to the cooperation of the law enforcement agencies and the courts.   Our successful interventions during the 2010 FIFA World Cup attest to our ability and capability to do our work differently to accelerate the finalisation of cases.  The best practices learnt from this initiative must become a permanent feature of our  work programme.  I trust that delegates will find opportunity to discuss the effective implementation of the Case Flow Management Guidelines and Protocols developed with the participation of the judiciary in the lower courts.  We will, during the debate at the break-away sessions, share with the delegates the 8 outputs of the JCPS which are geared towards the realisation of Outcome 3 of the cluster, namely "All people in South Africa are and feel safe".
We are heartened by the initiatives undertaken by the Chief Justice to meet with Senior Officials of the JCPS Cluster to monitor and address the delay in the finalisation of cases.
Distinguished guests will recall that I announced in the budget vote debate early last month that the comprehensive review of the civil justice system has commenced.   Through the Civil Justice Reform Programme which we plan to launch soon, we seek to overhaul the civil justice system to align the system with the Constitution.   To date the reforms that have taken place in the civil law value chain have been at the instance of the courts and the legal practitioners and these have been few and apart.   In my recent meeting with the Chairperson of the Rules Board I expressed the need to give urgent attention to the reform of the rules of court. In his paper titled Delivery of Justice: Agenda for Change, authored by the Chief Justice in 2003 he succinctly reflected on the shortcomings of the civil justice system where he explained, and I quote: "Our civil justice system suffers from a number of weaknesses: it is expensive, it is slow, it is complex, it is fragmented and overly adversarial. These weaknesses combine to produce a system that is gradually becoming inaccessible to the average person. In a country like South Africa where there are gross disparities in wealth and education, the system becomes unequal for those who are wealthy and those who are poor and the result it produces is similarly unequal Citizens have a right of access to -vindicate their constitutional rights. The civil justice system in a constitutional state is therefore to facilitate that access and not to obstruct it".
The need for the review of the civil justice was identified before Justice Ngcobo wrote the above article in 2003. Professor Erasmus, who the Rules Board had commissioned to draft a set of new rules that would bring about the harmonization of the rules with the Constitution responded as follows to the assignment: "My efforts to prepare a preliminary draft have led me to a conclusion that the development of a set of rules within the parameters of existing legislation and rules (ie the existing "infrastructure") is an impossible task. - what is required is a comprehensive and wholesale review of the system in all its underlying elements In evaluating the civil justice system and in recommending change, it would be important to bear in mind that it is part of a larger system. Thus, for example, the total, cost of litigation embraces more than the cost to the parties.  There are also the infrastructural costs provided by the state in the form of the provision of a court room, officials and a judge. The wasteful use of time of the court and judges is an abuse of an expensive resource which has an adverse effect on the allocation of judicial resources. An inefficient civil justice system may, for example, adversely affect the allocation of resources in criminal cases. The economics of civil justice, a largely neglected topic in South Africa, should receive attention in an overview of the system is undertaken". (close quote).
It is inexplicable that we have taken such time to undertake this important work which is central to access to justice.  The Department has provided additional capacity in terms of budget and Human Resources to fast track the Civil Justice Reform Project. This project is joint initiative of the Department and the Judiciary and both the Rules Board and the South African Law Reform Commission have significant roles to play.   This Project includes the implementation of the court-based mediation and arbitration programmes which are essential elements of access to justice.  A concept draft rule to facilitate court based mediation and a concept document of the CJRP and its Terms of Reference, which were approved by Cabinet, have been developed by the research team and are included in the conference pack as part of the resource documents.
Distinguished Guests, I am advised that Parliament will soon commence with the processing of the Constitution Seventeenth Amendment Bill and the Superior Courts Bill which were introduced into Parliament recently.  In particular, the Constitution Seventeenth Amendment Bill seeks to affirm the role of the Chief Justice as the Head of the Judiciary and provides a constitutional framework for oversight functions and responsibilities over judicial administration by the incumbent of the highest judicial office in the Republic.   In turn, the Superior Courts Bill gives substance to the Constitution Seventeenth Amendment Bill and provides, among others, for a comprehensive framework for the Chief Justice to issue directives and protocols for the monitoring of the performance of judicial functions in all the courts.   The constitutionalisation of the judicial leadership powers and functions of the Chief Justice which he or she exercises jointly and collectively with the other senior judicial officers who are heads of the different courts, is not only consistent with the trends in established democracies world -wide, but is a furtherance and enhancement of judicial independence.
The enactment of the Constitution Seventeenth Amendment Bill and the Superior Courts Bill will put us on course for the ultimate goal of administrative autonomy which will enhance judicial independence which is necessary for the Rule of Law as well as the strengthening of the accountability arrangements.  We are conscious of the preference of the judiciary recorded in the draft resolution of the 2009 Conference as follows:  "The judiciary should be empowered to administer the courts and its own budget. To this end the judiciary should work with and cooperate with the other branches of Government to develop a model of court administration that best reflects the principle of judicial independence".  We will be guided by the outcome of the on-going research undertaken by the Department and the judiciary on the appropriate court administration model that will be commensurate with our constitutional framework.
Government has, pending the completion of the research which will guide policy and legislative reform in this area, implemented measures to strengthen the governance arrangements and capacity of the Office of the Chief Justice (OCJ) to improve its efficiency, which is vital during this transitional phase. These measures include the enhancement of the OCJ to a status of a National department by virtue of the Proclamation by the President which took effect from 3 September 2010. Pursuant to the Proclamation, an Acting Secretary-General, Adv RK Sizani, has been appointed to head the OCJ. The recruitment of other key staff is under way.  A joint task team made of Senior Officials of DOJ&CD and OCJ have finalised a draft Memorandum of Understanding (MoU) that will regulate the interface between the DOJ&CD and the OCJ during the transition. The MoU will be signed by the Director-General and the Acting Secretary-General once both myself and the Chief Justice have approved its content.  A deadline of the end of July 2011 has been set for the conclusion of the MoU.
I also trust that Parliament will soon be seized with the Legal Practice Bill which seeks to transform the Legal Profession which is also an essential component of access to justice.  I urge the legal profession to be part of this transformation discourse and take the opportunity to participate in the proposed Transitional Legal Council which will continue to pursue negotiations on the identified principles of legal reform on which we could not reach consensus.
Before I conclude let me briefly clarify our position on the speculation in the media that the Public Protector is about to be arrested on allegations of fraud and/or corruption.  I have issued a statement denouncing the manner in which the integrity of the Public Protector, Adv Thuli Madonsela and that of the Office of the Public Protector have been questioned publicly without the presentation of any substantial facts showing criminality or dishonesty of her part.  The Public Protector occupies an important position in our constitutional framework there is a constitutional duty placed on the Government and Organs of State to protect the independence and integrity of the Office, as well as other Institutions Supporting Democracy against unwarranted attacks that seek to undermine their integrity.  When Advocate Madonsela was appointed a Commissioner at the South African Law reform Commission (SALRC) she was conducting a consulting business styled Waweth and the Department was requested by the National Treasury to look into a possible conflict of interest as she was operating a business entity which was rendering a service to the Department of Justice.  The Department duly instituted an enquiry into the matter. This was intended to establish whether or not there was a duty on her part to disclose that she was operating a profitable business entity whilst serving as a member of or a Commissioner at the SALRC.   The enquiry found that Adv Madonsela was not appointed in terms of the Public Service Act and Public Service Regulations and as such was not subject to those prescripts. The South African Law Reform Commission Act did not provide for regulations governing code of ethics for Commissioners. Therefore no wrong doing was established on her part.
The Office of the Public Protector must enjoy confidence of all South Africans. For this to be safeguarded, all of us must work towards strengthening and supporting it as opposed to attacking and weakening it in the process.
Lastly but not least, let me briefly give the Government's perspective of a matter in respect of which the courts have been asked to pronounce. I will not go into the merits of the matter which the courts are still to decide.  It would be remiss of me, if I do not mention, albeit briefly, an issue of national importance which has the potential to undermine the confidence which the nation and the international community has in our judiciary.
Our President requested the Honourable Mr Justice SS Ngcobo to continue to perform active service as the Chief Justice. Mr Justice Ngcobo agreed and on the 3 June 2011, the President by way of a Presidential Minute formally exercised his powers in terms of section 8(a) of the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001) and extended Chief Justice Ngcobo's term of office for a period of five years from 15 august 2011.  In requesting the Chief Justice to continue in office, the President took into account the outstanding service which the Chief Justice has rendered to our country, the contribution which he has made to our jurisprudence, his scholarly writings and the remarkable steps which he has embarked upon to transform the judiciary and to enhance its independence. Under his watch, the foundations will be laid for a judiciary which will be representative of and accountable to the nation as a whole and which will give greater expression to the values contained in our Constitution. The Executive supports fully the Chief Justice's initiatives. On 23 June 2011, the National Assembly unanimously passed a resolution in principle supporting the extension of the term of office of the Chief Justice. This was an unequivocal vote of confidence in our Chief Justice by the National Assembly.
It is unfortunate that the decision was met with disapproval by some and this led to the court challenge which Government has taken a decision to defend as we remain confident that the impugned section in terms of which the President acted is constitutional.
However, the Government is mindful of the fact that the litigation undermines and demeans the office of the Chief Justice and the Chief Justice himself. If the litigation is allowed to continue, public confidence in our judiciary will be eroded.
It is important that the Executive acts responsibly and proactively under the circumstances given the enormous ramifications for the judiciary, the country and the nation. The Executive is also mindful of the provisions of section 165(4) of the Constitution which obliges organs of state through legislative and other measures to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts. With this in mind, the Cabinet held a special meeting on 6 July 2011 to consider a Bill which will amend the Judges' Remuneration and Conditions of Employment Act. After due deliberations, Cabinet approved the Bill.
The Bill will, in essence, extend the terms of office of a Chief Justice and a President of the Supreme Court of Appeal who have not completed 7 years of active service to 7 years or until they reach the age of 75 years whichever occurs first. However, such a Chief Justice or President of the Supreme Court of Appeal may request to be discharged from active service, subject to the President's approval or through infirmity.
The passage of this Bill through Parliament will be expedited in the national interest to maintain public confidence in the judicial system. I am therefore confident that all of us will put the national interests ahead of our own and approach this matter with the respect and foresight that it deserves.
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In a number of judgements the Constitutional Court has confirmed the critical role of the media in the development of a deliberative democracy in our country - the most recent illustration being that of Cameron J in the Mcbride case. That judgement again confirmed the commitment of the courts as custodians of freedom of speech and thus in protecting and developing the ground rules upon which the exercise of press freedom is exercised.
The role of the press and the obligations that flow from that freedom were well articulated by O'Regan J in Khumalo v Holomisa : ' They (the media) bear an obligation to provide citizens both with information and with a platform for the exchange of ideas which are crucial to the development of a democratic culture . As primary agents of the dissemination of information and ideas they are inevitably an extremely powerful institution in a democracy and have a constitutional duty toact with vigour , courage integrity and responsibility .'
But I want to talk more about the other side of the relationship , the role of the media in protecting and promoting the judiciary . In this task I draw heavily upon a splendid lecture by Chief Justice Ngcobo (to SANEF forum dinner 13 February 2010) which I commend to all . He raises three roles which the media can play in the development of a rights and justice culture: 1. The media can empower the public to be aware of their rights so that may vindicate them in the courts . Although citizens will have an innate conception of rights , I would argue that far to little public education has take place to spread knowledge of the panoply of rights contained in our constitutional text.
The media can contribute greatly to the legitimacy of the judicial institution . As Alexander Bickel wrote back in 1962, in coining the concept of counter majoritarianism , courts have no sword or purse - they rely upon the public confidence to ensure that they have the kind of legitimacy to ensure their vigorous long term survival. Speaking of counter majoritarianism , the President yesterday , in effect , challenged the judiciary to debate this question It is one manifestly deserving of debate.
Hence , the media by way of a sober engagement with this question of the scope of courts and the limits of its powers within the doctrine of separation of powers can ensure the development of our constitutional culture.
3 The media can act as the translating service ensuring that the technical and sometimes arcane language employed in judgements can be made accessible to the public. In this the judiciary may want to consider whether the dense language and style employed can not be converted into plain language which in turn can assist in this task.
The judiciary can also assist the media in these tasks by extending the present practices of the Constitutional Court by prehearing press releases , summaries of judgement s when delivered and access to documents on a website.
But some countries have gone much further . For example the Supreme Court of the UK now allows television coverage of all arguments before it . You can now watch and listen on Sky website to these arguments. In Brazil there is a separate TV channel which covers courts and indeed even the judges conferences when they discuss cases are televised !
It is a sad fact that the media have cut down on the resources they devote to courts but some imagination can surely assist the position . Use can be made of members of the legal community and in particular academics to add commentary whether in print , in supplementing possible TV coverage and on radio - the most important medium in present SA.
As Justice John Didcott said back in 1995 in lamenting the poor court coverage , it is questionable whether effective constitutional government can exist if the press fail in its elementary duty of enlightening the public about the reasoning behind court decisions . All too often the media concentrate on the unfortunate exceptions , the gory and the sensational , arguably not realising that the judiciary , both critical to democracy and the future of a free media is a fragile institution , particularly in a new democracy and where courts are enjoined to act in a transformative fashion by our constitution . It goes without saying that the press should hold the judiciary to its responsibilities including , where necessary critical coverage of judicial performance . But at the same time it , as another key institution which faces the counter majoritarian dilemma , must act to ensure the understanding of the role of the judicial institution and its place in the development of deliberative democracy.
To the extent that the judiciary can assist the media in elucidating upon its performance by way of a media spokesperson or committee , or by engaging journalists as to what actually happens in courts , this should occur . But at the same time , the very institution that looks to the judiciary for its ultimate protection , owes a responsibility to the protection of a crucial but fragile institution - the judiciary.
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I have been requested to make a presentation on the topic "Court Services, including Personnel". I will do so in my capacity as the Deputy Director General and Head of Court Services in the Department of Justice and Constitutional Development. In this capacity I have the dedicated responsibility to ensure that proper administrative support is provided to ensure that the judicial arm of government is well supported in the execution of its functions in the courts.
For the purposes of this presentation and in keeping with the overall theme and thrust of this Conference, I will focus on two key aspects, firstly i will deal key practical interventions we are currently engaged with to improve the delivery of court services and secondly, i will propose possible solutions to improve the administration of justice in South Africa, from a policy perspective.
Institutions of democracy have a significant role to play in the pursuit of justice. The justice system is one of the most important pillars of our constitutional democracy.
Africa, 1996, the judicial authority in South Africa is vested in the courts, which are independent and subject only to the Constitution and the law. The Department of Justice and Constitutional Development is responsible for the administration of justice and constitutional development. The DOJ is accountable to the public and the State in rendering accessible, fair, speedy and cost-effective administration of justice in the interest of a safer and more secure South Africa. In carrying out this mandate, the Department performs these functions in conjunction with the judiciary, prosecuting authority and the various role players such as SAPS, Social Development, Correctional Services and legal representatives.
We must forever remain mindful of the central tenets of the Constitution that the services we render in courts are equitable and accessible, our civil and criminal justice systems must meet the needs of court users in a manner that is efficient, effective and transparent, and both the civil and criminal justice systems must uphold the principles and values espoused by our Constitution.
Naturally those tasked with the administration of justice have a particular responsibility: they must commit themselves to a work ethic and practice that give effect to the human rights framework that lies at the heart of our transforming legal system. In addition, all who make use of our services must be assured of a transparent, fair and efficient legal system that promotes and protects the rights of all court users. We must ensure special attention is given to vulnerable groups, such as women, children, the aged and the disabled and that that justice serves the needs of those in remote rural parts of our country as well as it serves the needs of those in our cities.
The department currently has in excess of 1800 court rooms at 752 court service points and the administrative component that services these points tally approximately 12000 officials.
The Department recently held its Second Court Management Conference with its court managers and chief registrars with the view to critically assessing its current administrative support and deliberating on possible reform measures to significantly improve services in the courts.
I am pleased to announce that the gathering of court managers and chief registrars yielded positive outcomes in that a set of broad administrative objectives had been suggested for improving services in the courts, some of which are aimed at improving the quality of justice, others at reducing the burden imposed by protracted administrative procedures and yet others at increasing overall court efficiency.
ï· The need to achieve a culture of learning.
ï· Ensuring an effective retention strategy so as not to lose personnel to other Departments and Institutions, as is currently the case.
Another significant area that will be receiving attention includes court records management. This area had been to some extent neglected and support to improve the performance of the court recording and archiving functions will receive prioritised attention. The department had already commenced with the tender to improve services in digital recording of all court proceedings and an important feature to ensure that the integrity of recordings are properly secured, quality not compromised and that court clerks accurately capture the records have been built into the new requirement which ensures that all courts will be equipped with court based servers that will in the future be linked to a centralised server. Due to the fact that this element of court functions is one of the most critical requirement internal controls with effective supervision will be put in place. The court server will have a technical resource that will also be able to monitor the frequency and quality of recording inputs from each of the court room to detect and advise on any deficiencies.
All archived cases are scanned and removed to an off-site location while a copy of the file is retained within a server linked to multiple users at the court. This development has immensely benefited the business processes in that the cases are now able to be retrieved within quick turnaround times from the electronic processes and where, in exceptional cases, the original file is requested, the retrieval is done within agreed upon timelines ranging from 2 hours to day.
In the area of technology the department had since 2005 in order to secure reliability of case statistics developed an electronic case management system that was called the Case Roll Management System (CRMS). This system was a stand-alone system that was deployed at 46 courts nationally. The gradual development of the case management system saw it evolve in 2006 to a network based E-scheduler system deployed at 460 networked courts nationally. The system had the capability to capture cases and provide a variety of reports. Thereafter in 2009 the departments global case registration and enterprise case management system called Integrated Case Management System (ICMS) was developed and deployed in all courts.
The ICMS is a case management system that provides for the electronic capture and management of cases. It deals with the management of various types of cases, ranging from criminal, civil, family to deceased estates and other case types. From the moment a case matter presents itself to the department, regardless of the type of case, the first step is to register the case and capture all key information and documentation related to it into a central system for later use.
ICMS generates a Unique Reference Number (URN) assigned per case and the scanning facility allows any case related physical documentation to be digitally captured (scanned) and stored alongside the case for record purposes. This number does not detract from the normal court case reference number.
The system once complete will have the capability to conduct general track and trace functions and provide notifications through SMS and e-mails.
Another development in support of case flow is the implementation of the Audio Visual Remand system which supports the remand of awaiting trial detainees without the inmate having to leave the correctional facility. The system has been deployed to 47 court rooms and 21 Correctional Centres nationally. This project had recently been officially launched by the Minister of Justice, Mr Jeff Radebe and has been received in good spirit within the media and legal fraternity. There has of late been an increase in the requests for the use of the technology in securing the evidence from witnesses who are abroad. The benefits of the system both in terms of business and financial advantages has been immense and contributed significantly to the improvement of case turnaround times in finalising matters.
We are also currently engaged with a project to review the current establishment of the courts. It is a known fact that the current establishment is out-dated in certain areas and notoriously not in keeping with the needs of those courts and the functions that are being performed in those courts. We are also reviewing the positions of personnel that support the administration of the courts, more especially those of court managers to ensure that in these courts specifically in relation to functions that they perform that we have the right people with the right skills. We will be conducting assessments of the current services at some of these courts with the purposes of interrogating our skills levels so that we are able to come up with some type of programs this year to support the resources that support court management.
In this regard we have secured the services of the National Centre of State Courts who have been contracted to conduct the assessments and provide the department with a full scope of the requirements for "courts of good practice" or "model courts" as is commonly known. The pilot sites include the following hub courts in 4 provinces; Johannesburg Magistrates Court and South Gauteng High Court in Gauteng, Port Elizabeth Magistrate Court in the Eastern Cape, Thohoyandou Magistrate Court in Limpopo and Durban Magistrate and High Courts in KwaZulu Natal.
We intend to overhaul the entire court system so that so that the type of interventions and the type of structures talk to the main business of the courts at these centres.
The focus will also concentrate around the support personnel around the court managers on financial and case-flow related business support so that the court managers and support personnel have the skills and competencies to support the court manager in executing the business in terms of the mandate of the courts.
As soon as these courts receive the requisite support within a defined period of 18 months the model will be replicated to other courts so that we incrementally take this process through progressively to as many courts as possible.
The provision of administrative officials with the correct supporting competencies is key to the successful operation at the courts and in this regard we have embarked on intensive training programs to up-skill our current batch of officials, none of whom have been omitted. The list includes court managers, registrars, court clerks, financial managers, supervisors and interpreters.
Delegates will recall during a strategic planning meeting of the senior management of the Department on 12 November 2009, the Minister of Justice and Constitutional Development ("the Minister") announced his decision to remove the administration of courts from the control of the executive branch of government. This decision was taken in order to enhance the independence of the judiciary. This process is well underway.
To this end the Department has been tasked with finalising the policy framework which will serve as a catalyst for real change and reform in the judicial sector.
improve the quality and delivery of judicial services.
determine the operational phases to give effect to building structures which would allow for an independent judiciary.
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Chief Justice Margaret H.
Thank you for inviting me to this important conference. I commend the organizers of this conference on focusing on an issue that is so important to your country, and to mine.1 1 I am indebted for these remarks to the "Principles and Standards of Judicial Branch Education", adopted by the Board of Directors of the National Association of State Judicial Educators, effective December 2001 (hereinafter Principles).
The United States, my adopted country, is the oldest constitutional democracy in the world. South Africa is one of the newest constitutional democracies. The political, economic, and social circumstances of South Africa and those of the United States are dissimilar. Our histories differ. Our constitutions differ. Nevertheless we share much in common, especially as it pertains to this conference.
Every day in thousands of courtrooms across the United States American judges attempt to give substance to the founding values of our Constitution - democracy, equality, freedom - just as you do here. As an American judge I seek the same ends as each of you in this room: the delivery of fair, impartial and quality justice to all. It is this that gives me the courage, the license if you will, to address you today on a topic that I consider vital to the maintenance of an independent judiciary - judicial education.
Judicial education. That subject could occupy an entire conference. I will limit my remarks to describing some of the programs that we have instituted in Massachusetts, where I served as the Chief Justice for eleven years, the head of a judicial branch comprised of some 400 plus judges.
I focus on Massachusetts programs not to suggest that we have the best, but to highlight those that have proven most successful . .. from the point of view of the judges who have participated in the programs. My talk today is addressed primarily to the judges in the room, and my focus will be on the education of judges, although the education of other judicial personnel is critically important. Nevertheless, I hope to persuade all, or at least most, of you that continuing, mandatory judicial education lies at the heart of a sustainable independent judiciary.
I will organize my remarks around these questions: WHY BY WHOM TO WHOM WHEN AND HOW And, if time permits, I will talk about the corollary to judicial education, judicial evaluation?
First, WHY judicial education My answer may surprise you?
As many speakers have noted already, there is a sharp distinction between the role of the judiciary in a constitutional democracy, and the role of the judiciary in a Westminster system of parliamentary supremacy, the system in effect here in South Africa before the adoption of constitutional democracy here. As Speaker of the National Assembly and others repeatedly noted yesterday, the adoption of constitutional democracy, with a fundamental charter of rights, represents in his words a "decisive break from the past."2 2 Speaker of the National Assembly, the Hon. M.V. Sisulu, Access to Justice Conference, July 8, 2011, Session 1.
Your new constitution, like the Massachusetts and the United States constitutions, saw the establishment of an independent judicial branch of government, coequal with the executive and legislative branches of government. Parliament is no longer supreme, and the essential function of judges is no longer to enforce the laws of parliament. To the contrary, as President Mpati noted last evening, South African judges now have extensive powers to review and limit, or in rare cases to prohibit, certain acts of government. In a constitutional democracy, judges are empowered, indeed obligated, to say "no" to lawmakers, ministers, even presidents from time to time, when the needs of the historical moment clash with constitutional guarantees of fundamental rights.
It is precisely for this reason that the accountability of judges takes on the greatest importance: accountability that ensures that judges earn the trust and confidence of the people. The people's elected representatives (the executive and legislative branches) can be voted out of office. Not so judges. We have tenure, subject to mandatory retirement requirements, and can be removed from office only with difficulty. How then do we ensure that there is judicial accountability in our respective constitutional structures How do we ensure that judges maintain the trust and confidence of the people?
That is no easy question to answer. At very least we must ensure that every judge, no matter when appointed or from whatever background, adhere to the highest ethical standards, have and maintain appropriate legal knowledge, and acquire and exercise complex and unique skills in leadership, decision making and administration.3 Continuing, mandatory judicial education (and I would add judicial evaluations) is one essential mechanism by which the judiciary can secure public trust and confidence.4 3 Principles at p. 1 4 Principles at p.
Today South Africa is an influential voice in the global dialogue on human rights. But as your Chief Justice and others so eloquently stated yesterday, much work remains to realize South Africa's vision of substantive justice for all. Judicial education is, I believe, a key to the success of that undertaking. It is particularly important to strengthen judicial education in a country such as the United States, which is so diverse and multicultural. Our judges come from a vast array of different backgrounds, with different legal trainings, very different experiences as lawyers and speaking different languages. The success that we have had building a cohesive, highly regarded (if I may say so) judiciary in Massachusetts, recognized as one of the best in the United States, owes a great deal to our on-going, robust judicial education programs. As you undergo a massive transformation of your own judiciary to more properly reflect the people of South Africa, I have to conclude that mandatory, continuing judicial education is as important here.
Next, judicial education BY WHOM There is an easy, and unassailable, answer to that question. As Chief Justice Arthur Chaskalson noted yesterday, an independent judicial branch demands that judicial education be the responsibility of the judiciary, not some other branch of government. To earn the public's trust and confidence in the judicial branch, judges "must continuously enrich their knowledge and acquire and maintain [essential] skills."5 The responsibility for judicial education therefore properly rests in th?
5 Principles at p.1. See also Principle I at p. 5.
judicial branch under the leadership of the Chief Justice of the highest court.6 No other branch is equipped to do so. The key here is judicial leadership.
6 Principles Standard 1.1, p.
WHO should receive judicial education My answer may surprise you?
Strengthening judicial accountability was one of my priorities as Chief Justice. I early on concluded that I had to break the stereotype that judicial education was important only for junior judges, or judges who were not performing well for some reason. Because judicial education was key to that goal, mandatory education began at the top, and during my tenure was strengthened for all 400-plus Massachusetts judges, trial and appellate. At my court, the Supreme Judicial Court - comprised of seven judges - we each underwent a writing course taught (in our case) by an outside expert on judicial opinion writing. (Yes, there are such experts). Writing an opinion is not the same as writing an academic article or heads of argument. We concluded that every judge, trial or appellate, no matter when appointed to the bench or what their prior experience, should have some training in writing judicial opinions. We went further. I implemented a system whereby a selection of released judgments by each Justice of my Court was reviewed - anonymously - by a selection of judges on our intermediate Appeals Court and by a selection of our trial judges. They, after all, are the judges who have to follow the law as explicated in our opinions. I learned a great deal from those anonymous reviews of my own writing prowess. The reviews, of course, did not comment on the substance of the judgments, but addressed issues of clarity, brevity, and the like.
Leadership of the Chief Justice is important. But for our trial judges, I have learned that it is Heads of Court that can play the central role here.7 Our Heads of Court work with their own judicial colleagues, to develop on-going, career-long, judicial education programs specific to the needs of each court. Each of our court departments (as we call them) has a committee of judges selected by the Head of Court to develop annual or semi-annual programs of judicial education for the judges of that department. In selecting judges to serve on the respective educational committees, attention is paid of course to the diversity (seniority, race, gender etc.) of the judges selected. And these judge-comprised educational committees of each judicial department set the agenda, the curriculum if you will, for each educational session of that court. The educational components are both substantive and administrative.
7 In our system, Judge Presidents are referred to as Chief Justices, i.e. there are Chief Justices of every trial court department.
on crime laboratory forensics. Chaired by a judge, the session included remarks by the head of the State Police forensic and technology center, as well as from three High Court judges. Yes, outsiders, in circumstances that have no effect on individual cases, address judges. Another session was on recent developments in the law, this time taught by two High Court judges, who carefully reviewed and summarized important recent decisions from the Massachusetts appellate courts and the United States Supreme Court. Trial judges have enormous demands on their time, and we recognize that not all trial judges are able to keep abreast every day with every new opinion issued by our appellate courts. This is so for the most senior judges, as well as for the most junior.
Racial, cultural, gender and economic stereotyping is a frequent subject at our judicial education conferences. The judiciary should make every possible effort to combat charges of racism and sexism, and we have found that educational sessions on these topics to be enormously helpful. Last year Massachusetts courts were required to provide interpreters in more than one hundred different languages. No matter what a judge's background, our judges have told me how helpful they have found these sessions to be.
And today, with the focus on improving access to justice, almost every educational session for each trial court department includes sessions on criminal and civil case management, and best practices for implementing those strategies. The "arrogance" of judges We have sessions on judicial demeanor, on how to handle stress, on time management, on techniques to keep current with judgments, and on developments in technology or on computer training?
The important point is that these programs are deeply embedded within each trial court department. The educational sessions are proposed by and typically conducted by judges themselves. This is no curriculum developed in some far off office, removed from the day to day experience of trial judges.
Let me pause to comment here on the implications for judicial education in systems that seek to provide access to justice for all people, no matter their economic circumstance. Improving access to justice for all was another priority of my administration. I do not know whether South Africa is faced with the challenge that we have in the United States where in many, many civil cases (over 80 percent in our family courts) one or both litigants appear who cannot afford to pay for a lawyer. (Gideon v. Wainright provided a right to counsel in criminal cases only.) We call these self-represented litigants. Each person in the United States has a constitutional right to appear in court, even without a lawyer. I need hardly describe to this group what a challenge self-represented litigants has been for our trial judges in particular. They do not know the rules of evidence or the pleading rules we all take for granted. We have therefor provided extensive, on-going judicial education on and have promulgated judicial guidelines for civil hearings involving self-represented litigants.
"Freedom and equality of justice are essential to a democracy," said Boston lawyer Reginald Heber Smith in his landmark work on the law and the poor. "[D]enial of justice," he continued, "is the short cut to anarchy." 8 The short cut to anarchy. Those are strong words, indeed. We educate our judges to preside effectively over cases brought by the poorest among us. A judicial proceeding can be, often is, a frightening experience for poor, uneducated litigants. We have educational sessions to train our judges how best to conduct those proceedings.
8 National Legal Aid & Defender Ass'n Collected Quotes Pertaining to Equal Justice, at http://www.nlada.org/News/Equal_Justice_Quotes.
[Judge Erasmus: my computer deleted the section on WHEN - in which I drew a distinction between mandatory training and mentoring of newly-appointed judges and continuing judicial education for established judges. I would be happy to redraft this section if you would like me to.
Last, I have these brief comments on HOW Ongoing, comprehensive judicial expensive is not for the faint of heart, and it is not cost free. In the early days of my tenure, when we were not under such tight budget restraints, we had the luxury of taking trial judges to some modest hotel for two or three days for a judicial education program. Since the fiscal crisis of 2008 in the United States, and continuing as I speak, judicial budgets have been slashed, and I use that term advisedly. To prevent the lay-off of critical judicial staff (our all-important clerks and security personnel and secretaries and librarians etc.) we have had to cut drastically, eliminate really, the funds available for judicial education. But the educational sessions have continued. Why Because all of our judges find them so helpful for their work, and so important for the collegiality and coherence of each trial court department. And because the judges tell us that they benefit greatly from sharing ideas and experiences among each other?
Each Head of Court continues to have an educational committee comprised of judges from his or her court department. The educational sessions are now held in a courthouse or at some place easy to reach in a day (university law departments have provided us with facilities without charge). The judges themselves have paid for morning coffee and muffins, and have brought their own "brown bag" lunches. Those living close to the venue have helped defray the petrol costs of those who drive from further away.
Judicial Performance Evaluations.
[Add here comments on Masschusetts program of judicial performance evaluations, and quote from questions asked in anonymous surveys sent to attorneys and to court staff].
When I was a student leader in South Africa in the 1960's the impediments to establishing a free society founded on the principles of justice and equality seemed insurmountable. But the impediments were surmounted; the principles of justice and equality did prevail. How I have learned that when each one of us refuses to accept what appears to be the inevitable, the consequences can be extraordinary?
Speaking as a judge to judges I believe this: the future of an independent judiciary, the future of South Africa, rests of the shoulders of each of you in this room. May each of you learn to value judicial education and may each of you work to make judicial education in South Africa the shining example to all of us.
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It is understood that, in South Africa, there is discussion about transfer of the responsibility for Court administration from the Executive to the Judiciary.
It is not yet clear from my brief research what model of governance might be applied. See Annexure A: Comparative Review of Court Administration Innovation - Australia, Warwick Soden Ottawa, Canada, 25 March 2004 (without the annexures which are all available from the Annual Reports of the Institutions mentioned.
The Federal Court of Australia is a self-administering Court. The theme of this paper is how self-administering courts may enhance the delivery of accessible quality justice for all.
Transfer of administrative responsibility from the Executive to the Judiciary also transfers amongst other things, responsibility for court performance. The question that arises is: how should Court performance be measured?
There are likely to be many views about the appropriate answer to that question. The debate about how to measure court performance continues in Australia. The Council of Australian Governments (COAG) initiated a comparative report on government services, administered by the Australian Productivity Commission1.
That report attempts to examine the performance of courts in Australia by making comparisons in timeliness, throughput and cost. The cost calculation is a cost to Government, not a cost to customer. As to the accessibility issue, there is a comparative table of court fees charged. There is yet to be a measure of quality - and the debate of that issue is intense.
The Productivity Commission exercise is one way of measuring performance. It is attractive to governments, but not embraced by courts2.
Not everything can be measured. In the Parliaments annual Appropriation legislation to implement the Government's budget, there is a reference to the Portfolio Budget Statements. In those statements, there is also a reference to an 'outcome'.
'Through its jurisdiction, the Court will apply and uphold the rule of law to deliver remedies and enforce rights and in so doing, contribute to the social and economic development and well-being of all Australians.'
I imagine it would be possible, but not easy to measure 'social and economic development and well-being'.
The International Framework for Court Excellence is another way of measuring the performance of a Court and, at the same time, measuring the performance of their administration on an international comparative basis. It may be a useful tool for implementation in South Africa. It is a self assessment process.
1 See Report on Government Services 2011, Volume 1: Early childhood, education and training; Justice; Emergency management, http://www.pc.gov.au/gsp/reports/rogs/2011.
See Measuring Court Performance, Chief Justice Spigelman AC, 16 September 2006. http://www.lawlink.nsw.gov.au/lawlink/Supreme_Court/ll_sc.nsf/pages/SCO_spigelman160906.
3 The details of the Framework and related documents can be found at http://www.courtexcellence.com/pdf/IFCE-Framework-v12.
4 This is certainly the case in Australia.
5 See Federal Court of Australia website: http://www.fedcourt.gov.au/students/studentsartprize.html#3 6 See Annexure B.
7 The Federal Magistrates Court came into existence on 23 December 1999.
8 See Annexure 'C'.
9 See strategy attached, Annexure 'D'.
The International Framework for Court Excellence3 was launched at a Conference undertaken by the Australian Institute of Judicial Administration (AIJA) in Sydney on 21 September 2008. The Framework was developed by an international consortium concluding the United States Federal Judicial Centre, the United States National Centre for State Courts, the World Bank, the Courts of Singapore and the AIJA. The Framework is, in essence, a quality performance measurement tool which includes values, concepts and mechanisms by which Courts can voluntarily assess and improve the quality of justice and the efficiency of court administration.
The Framework indicates that proactive management and inspiring leadership in an organisation are crucial for court success and excellence.
The Framework notes that defining, implementing and assessing court policies are key tools for effective management and strong leadership.
The Framework suggests that fair, effective and efficient court proceedings are indicators of court excellence.
The Framework mentions the importance of ensuring that Court spending is subject to an independent audit process and that performance information is readily available.
The Framework notes the importance of taking the needs and perception of court users into account.
The Framework notes that resources should be reasonably sufficient.
The Framework notes cost of access to justice considerations.
Let me focus first upon the area of court management and leadership. It seems to me that this will be a very important area for the courts of South Africa in the transition to and adoption of self-administration arrangements.
This area of the Framework includes a number of sub-components. First, active management and inspiring leadership in an organisation are crucial for court success and excellence. Moreover, the Framework highlights that this issue is important for all levels in the organisational structure.
Secondly, an excellent court organisation with outstanding performance results can only be realised by co-operation with other organisations and partners that influence the work of the court such as public prosecution agencies, governmental agencies, the local Bar, police and enforcement agencies.
Thirdly, strong leadership also requires the creation of a highly professional management capability within the organisation of courts as well as a focus on innovation within that organisation. Anticipating changes in society which can lead to changes in demands for court services and implementing reforms would be examples of an excellent management capability.
Interestingly, the Framework notes that in most countries the head of courts are judges with a high level of judicial expertise4. This does not automatically guarantee that they are also the best managers for courts or court organisations. The Framework asserts that excellent courts may also engage non-judge court administrators which are professionally trained in financial and organisational management and, through their high level managerial skills, are likely to focus on the need for courts to be innovative, and be flexible in the organisation of the court to be able to respond to societal change.
The Framework notes that, in the growing mobility of citizens, internationalization, changes in economic climate, variation in the level of crime rates in countries, and modification of laws, it is necessary for excellent court managers to recognise change early on and to actively involve staff and judges not in leadership positions to identify challenges and solutions. Court leaders try to modify work practices and organisation structures as well as to implement innovative solutions that lead to improve performance results and a high level of quality.
On our assessment, the Federal Court of Australia is an excellent court according to all the criteria, but particularly in relation to court management and leadership areas.
The Court Excellence Framework includes a self-assessment process to enable a court to assess its excellence. I have applied this process to our court and we are very pleased to conclude that we could legitimately claim to be a court of excellence in respect of all areas of the Framework.
Of particular importance in relation to the theme of this paper is how the Federal Court focussed upon the area of court management and leadership which it is believed, contributed to much of the success in all other areas of court excellence.
The following information is an example of how the joint responsibility of the Chief Justice and the person in my role in the court is able to be successful in the management and leadership role. Part IIA of the Federal Court of Australia Act is titled 'Management of the Court' and Division 1 of that part is titled 'Management responsibilities of Chief Justice and Registrar'. I attach a copy of Part IIA for ease of reference. See Annexure 'B'.
The Federal Court has undertaken four substantial strategic planning processes in the last decade and will conduct a further special planning process at the end of July 2011. There is little published information about the planning processes as they were, essentially, internal leadership issues within the Court.
Not long after becoming a self-administrating organisation in the mid-1990's, the Court undertook with the assistance of a consultant a critical issues analysis process involving a large number of the Judges of the Court and some senior staff. The process identified a number of very important strategic issues, critical to the success of the Court, including financial sustainability and, the need for a better system of managing cases. Following that workshop, the Court took the decision to implement the individual docket system. That system was revolutionary in Australia at that time and we believe the system continues to be the leading case management system in any court of Australia.
Other initiatives included new expert witnesses procedures which have been copied by most jurisdictions across Australia and mentioned in international journals for their innovative processes.
In the late 1990's, following the successful management of the critical issues in the implementation of innovative procedures, the court decided to undertake a further strategic planning and leadership exercise which focused upon a plan for the future.
'To be, and to be recognised within Australia and internationally, as a world leading superior Court.'
This strategic intent was not something advertised by the court. It was a mechanism by which internal focus and strategies could be implemented in order to achieve that strategic intent. Those strategies included amongst others, maintaining leadership as a Court, achieving a greater community understanding of the role of the court and, achieving our performance standards. Interesting initiatives arose. In order to achieve a greater community understanding of the role of the Court, it was decided that greater use of television would be a way in which better understanding could be achieved. The court decided in many of its high profile cases, to produce a summary of the judgment and when sufficient media interest produced requests for decisions to be televised, the judgment summary was read and televised, often live.
As an aside, at that time, we thought it important to promote a modern and efficient court and we appreciated that perceptions were often reality. The introduction of televised summary of judgments and greater use of television in court proceedings was permitted not long after the court decided to abolish wigs and implement a new Australian gown for judges. It was thought desirable at that time, to use television media as a way in which the court could be shown to be different, not only in appearance, but in its processes.
Another example of initiative directed towards achieving a greater community understanding of the role of the court was the National School Art Competition conducted by the Federal Court. The project was titled 'The Art of Delivering Justice'.5 It was promoted across all of the secondary schools of Australia and there were State and National prizes. Today much of the artwork continues to hang in the Courts in most of the capital cities in Australia. Images of some of the artwork adorned Annual Reports. Curriculum material that accompanied the Art of Delivering Justice material assisted many secondary students to understand issues about the separation of powers and the role of the court in the community. The understanding appeared in the artwork. Regrettably, the initiative was a once off and has not been repeated, with no possibility of it being done again in the very near future due to extremely tight financial circumstances. Nevertheless, I mention it as one example of how an innovative idea in relation to communicating with your community can be successful.
Enhancing leadership role in region and many others.
The strategic processes, planning exercises, leadership roles, and proactive management initiatives arise from the managerial and leadership duties associated with an excellent court and with a self-administering court.
One of the other areas of court excellence concerns public trust and confidence. Although many of the reform initiatives already mentioned are those which should flow from an appropriate leadership role, they are also beneficial towards achieving and maintaining public trust and confidence. The initiative I mentioned concerning televising of judgment summaries is an example of not only improving community understanding but contributing to public trust and confidence. By the public actually seeing what is done, particularly some members of the public who might never have been either in or near a court house, can only contribute to an improvement of public trust and confidence. Our approach to our Annual Report is another public trust and confidence issue.
The legislation establishing the self-administering arrangements of the Federal Court of Australia6 require the court to produce to Parliament an Annual Report. The court is also treated as a separate agency under the Federal Financial Management Act and related instruments. That Act and instruments require comprehensive financial information including fully audited financial statements. In addition to that financial accountability as an organisation, the court takes the opportunity to include extensive performance information in the Annual Report over and above what might ordinarily be expected by a court. We have always taken the opportunity to attempt to promote (in a public trust and confidence sense) what we have done and propose to do. We often do that in our Annual Report with appropriate images and text concerning initiatives.
Finally, in the context of court management and leadership , and with there being a new Chief Justice of the Federal Court in the last 12 months, it has been decided to again hold a special meeting of Judges and Senior Staff which, as mentioned, will occur late July 2011. The Agenda for that meeting will include how to achieve performance particularly in relation to the key work of the court undertaken by the Judges but, more importantly, in the context of leadership and innovation by the new Chief Justice it will be an opportunity for the Chief Justice to enhance his already established leadership by expressing his vision for the court. As to the final area of court excellence, affordable and accessible court services there is another example of an initiative of the Federal Court, worth mentioning.
The Federal Magistrates Court of Australia was established in the last decade.7 The Federal Court of Australia was one of the strongest proponents of the establishment of a Federal Magistrates Court. The logic behind the support for a new court was access to justice. The new court was intended to be successful in attracting the lower level federal work from the Federal Court and the Family Court of Australia. There was some controversy (as there still is) about establishing the Federal Magistrates Court and the Federal Court was one of the few proponents of its establishment. The controversy that exists at the moment is whether it should continue as a separate court or whether the judges of that court primarily concerned with family law become judges of the Family Court of Australia and the other judges (concerned with general federal law) remain either as a small court (administered by the Federal Court) or become part of the Federal Court of Australia. Importantly, however, whatever happens there will be a lower level federal judicial tier into which smaller, less expensive cases are commenced or transferred.
The idea of a low level, quick, inexpensive federal court was proposed and promoted by our court. It was an access to justice initiative. It has been particularly successful in the family law jurisdiction.
There have been other substantial access to justice initiatives promoted by the Federal Court of Australia including ADR. The Federal Court was the first court in Australia to implement accreditation of mediators in accordance with the new National Mediator Accreditation scheme. The court also uses ADR extensively, in appropriate cases.
The focus upon the International Court Excellence Framework and the example of how the Federal Court of Australia has applied that framework may be a useful example for consideration in South Africa. The area of user satisfaction and the requirement to take into account the needs and perceptions of court users, is another area where the Framework may assist. There is a draft user satisfaction survey document which we found very useful, with some minor modifications. The survey was applied by our court across Australia in order to get feedback concerning access and fairness8. The courts of South Africa might find that, with some minor modifications, the access and fairness survey template is a useful model to apply. I also indicate that it was not necessary to undertake a large project in relation to the user survey. It is relatively simple to use and should be able to be done within existing resources.
Another very important access to justice initiative involves using information technology to deliver court services.
It is also important that a comprehensive eServices strategy be developed. That strategy, with access to justice as a high priority, should make future directions clear and enable all in the courts, in Justice agencies and all those who are involved, such as members of the private legal profession, to know and understand the future eServices outcomes.
Our Court has developed an eServices Strategy. It was presented by me at a meeting of all the judges and is adopted by the judges.
The eCourt used by our court enables many people involved in Native Title cases to closely follow developments, even where those people might be thousands of kilometres from the actual court building.
The court 'sitting on country' is also another very important access to justice initiative.
My theme at the start was how self-administering courts may enhance the delivery of accessible quality justice for all. I have given some examples of our court's initiatives and suggest that the Court Excellence Framework is a very useful tool for your jurisdictions.
One final point. Achieving access to justice will be the joint responsibility of the relevant Government Department and the courts. Each, on their own, could not be successful and co-operation will be necessary.
Thank you for your patience.
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The Chief Justice of South Africa, Honourable Sandile Ngcobo will officially close the Access to Justice conference which is currently taking place at the Hilton Hotel, Sandton. Chief Justice Ngcobo is expected to communicate the recommendations from the conference which will assist in paving the way forward to an accessible and efficient justice system.
Media is invited to the last day of the conference. All sessions will be open to the media.
The accreditation centre will be open from 8h00. ID's and press cards will be required for this process. Accredited media is requested to arrive at 8h30 for the purpose of setting up and seating.
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Dear participants, on behalf of the Heads of Court, we bring this conference to a close. We want to thank the speakers, the chairpersons, facilitators, and rapporteurs, and of course you as participants for your excellent contribution in the plenary and breakaway sessions. And I think we can conclude from your enthusiasm that we had a very successful conference. We have a final count of 350 participants from eleven countries.
We realise that you had to work hard during the conference, not only in the plenary sessions, but also in the breakaway sessions in which you had participated. But let us keep in mind that your hard work was for a cause - to improve the accessibility and the efficiency of our justice system.
We regret that time constraints did not at times permit the kind of deliberations that we may have wished for but we do hope that at least the conference has helped to identify the key challenges facing our justice system.
The purpose of the conference was to consult with stakeholders on what are the problems affecting our justice system and to consider our options in relation to those problems. In a sense this was a consultative process. We did not consult because we did not know what the problems were. As an institution which is involved in the delivery of justice, we are aware of these problems.
But we recognise that the other participants in our justice system have a crucial role to play in ensuring that our justice system is truly accessible and works efficiently and effectively. It is therefore in the interest of the administration of justice that we must jointly work together to identify the challenges facing our justice system and in finding solutions to those challenges.
In making my closing remarks, may I pick up from where I ended in my opening remarks. I need to emphasise that this conference was not intended to solve all the problems affecting our justice system. Indeed no single conference can solve problems affecting our justice system. They are many and varied.
Our objective in calling this conference was threefold. First, to identify the problems / challenges facing our justice system; second, to stimulate future research dialogue and conferences in order to explore in detail the needs that we have identified at this conference; and third, we hoped that this conference will generate new ideas and further initiatives to promote the accessibility and efficiency and effectiveness of our courts.
I think I speak for all if I say the conference has met these objectives.
Two crucial things have emerged from this conference. First, there is an acknowledgment that our justice system suffers from certain deficiencies which undermine the delivery of accessible quality justice for all; and second, there is commitment to address these deficiencies.
As we close this conference the question is where do we go from here I know the immediate response from everyone is that we go home because it is a Sunday and there is nothing else to do, but what about Monday when we get back to the office?
The problems affecting our justice system are many and they are varied. There are those that are more pressing and there are those which will have to be attended to in due course. We must therefore determine our priorities. We should give priority to methods and machinery, to procedure and technique and to management and administration of judicial resources.
In the first place, we must determine what is an ideal justice system that will ensure that we comply with the Constitutional obligation to deliver justice that is accessible, effective and efficient.
Other branches of government have a role to play in promoting the accessibility and efficiency of our courts.
As I pointed out in my opening remarks, the justice system that the people of South Africa are entitled to expect from us is one that is just in the results that it delivers; that is fair to all litigants regardless of their station in life; that is inexpensive; that delivers results in the shortest possible time; that is understandable to the people who use it; that responds to their needs; and that is effective. To be effective, it must be adequately resourced. This of course requires adequate funding.
Happily other jurisdictions have already reflected on what are the essentials of a civil justice system that promotes access to justice. In his final report to the Lord Chancellor on the civil justice system in England and Whales of July 1996, Lord Woolf identified eight principles that a civil justice system ought to meet in order for it to ensure access to justice.
be effective: adequately resourced and organised.
This in my view summarises in succinct terms the ideal civil justice system that we should strive for in this country. These principles are compatible with the right of access to courts which is guaranteed in section 34 which requires a fair public hearing. And with necessary adaptations, these principles can also be applied to our criminal justice system.
For our justice system to be compatible with these principles it is necessary for us to consider fundamental changes to it.
As I reminded the conference on Friday morning, we have had a number of Commissions of Enquiry, including the Hoexter Commission and the Galgutt Commission whose reports demonstrate that we have been tinkering where comprehensive reform is needed and we have not sufficiently explored other mechanisms and procedures that we could implement to make our justice system both accessible and efficient.
As we consider fundamental changes to our justice system we should give consideration to the following mechanisms which were raised during the conference as crucial to enhancing the efficiency of our courts.
First, we should consider whether our civil justice system is overly adversarial and conducive to a fair trial of issues. Some have expressed the concern that lawyers are using the courts for their own ends with no consideration of the public interest. There is indeed a feeling that the legal profession and the presiding officers are perhaps overly tolerant of lawyers who exploit the inherently adversarial system to their own private advantage at public expense. Some elevate procedural manoeuvring above the search for truth. This may very well send a very wrong message to society about the purpose of the law. This appears to be the result where the pace of litigation is controlled by the parties.
As we have heard at this conference, where the pace of litigation is controlled by the judiciary, coupled with appropriate sanctions, pre-trial as well as trial delays can be minimised. This is particularly so in those jurisdictions which have implemented case flow management to address case backlogs. In Botswana, a country that has recently initiated case flow management, initial indications are that the case backlog has been reduced drastically.
May I emphasise two aspects of case flow management: the first is its purpose and the other is its relationship to the legal profession.
The primary purpose of case flow management is to improve the quality of civil justice; to help parties to civil disputes obtain a fair resolution at a cost commensurate with what is at stake.1 It does so by facilitating the just, speedy and inexpensive resolution of civil disputes. In all cases, it should be limited to what is appropriate and necessary for the case at hand.
1 Manual for Litigation Management and Cost and Delay Reduction Federal Judicial Center 1992 at page 2.
2 Id at page 3.
Case flow management does not mean taking cases away from lawyers,2 but rather means giving direction to the litigating activity of lawyers, fixing bounds, and applying means of control only as necessary. It should not be viewed as an intrusion into a lawyer's function as his or her client's legal representative. Indeed, there is no contradiction between directing lawyers' efforts towards early issue identification and the fair and efficient disposition of litigation on the one hand and the purposes of the adversary process on the other.
We must therefore implement case flow management without delay.
It is true that various courts have implemented various forms of case flow management systems and practices. But it is also true that not all courts have done so. In addition, it is also true that some initiatives have been said to be successful. Our challenge then is to consolidate all these efforts, and decide what is working well and what is not, and what we can learn from other jurisdictions in improving our own efforts at case flow management.
To this extent a Case flow Management Steering Committee must be constituted which must include representatives from the judiciary, the legal profession, the Department of Justice and civic society. Its mandate must be to consider the feasibility of the implementation of introducing case flow management in all our courts with immediate effect.
Second, we have heard from this conference about the benefits of the use of information technology in our courts, in particular, electronic filing. Advances made in the field of technology have made communication, including the transmission of documents and the accessing of filed documents, easier. While it previously took hours or days to send documents from one point to another, now this can be done within seconds via email. Likewise, if the proper systems are in place and the necessary hardware available, it is now possible for busy judges to access court documents from anywhere. In the Constitutional Court, documents must be filed both electronically and in hard copy. The result is that a judge of the Constitutional Court can access any document in a case from wherever he or she is.
We should take steps to implement the system of electronic filing, otherwise known as e-court filing, should not be extended to courts in general.
Our justice system is ill - we are its physicians. We must take it under our care until it recovers fully. In this regard I propose the establishment of a Committee on Access to Justice to pursue long term fundamental improvements in our justice system so that it is truly accessible for all regardless station in life and to review our justice system on a regular basis. This Committee must include representatives from the judiciary, the legal profession, the executive, the legislature, civic society and public interest law groups.
This Commission should have sub-committees that will focus on Case Flow Management, e-filing, alternative dispute resolution, civil justice system and criminal justice system. It should produce its report within three months from the date of its appointment.
I would like to once again emphasise the importance of the spirit and the substance of constitutional dialogue in giving effect to our Constitution. Ultimately, in order for our goal of delivering accessible quality justice for all to succeed, it will require that the three branches of government work together, and with all stakeholders, to approach the constitutional obligation that we share with mutual respect and ongoing communication.
After all the Constitution requires other organs of State to support through legislative and other measures to assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness.
The effective and efficient delivery of justice, though not a simple task by any means, is a constitutional requirement. The rights in our Constitution will remain meaningless unless they can be vindicated by the average persons, regardless of the resources at their disposal. We have an obligation to ensure that access to justice in South Africa is not just an ideal that is expressed on paper, or expounded in conferences, and then forgotten, but is a reality.
As we conclude this conference, may I repeat what I said in closing my opening remarks. We have many pieces in place that we need to make a real difference in enhancing access to justice in South Africa. I am encouraged by the enthusiasm and commitment that has been displayed by my colleagues on the bench, the Department of Justice, the Portfolio Committee on Justice, the legal profession and non-governmental organisation for the transformation of our justice system. Your very presence at this conference is a manifestation of that enthusiasm and commitment.
The challenge now is to keep the momentum going, to keep striving to find new and better ways to the need and to set clear goals for what we want to accomplish and for measuring whether we are getting there. This conference has helped us to chart a roadmap to an ideal justice system and it is this roadmap that will ultimately lead to the achievement of the new society contemplated by the Constitution, a society based on democratic values, social justice and fundamental human rights.
In closing our conference, I would like to express my heartfelt appreciation to everyone who joined us, and participated in the last two and a half days. This includes the heads and representatives from each branch of government, the chairpersons of each plenary session, each of our esteemed speakers, and all of you who participated at this conference. We are grateful that all of you have chosen to come together so that we may share our combined expertise, insights, successes and challenges in search of a better justice system for all.
We would also like to express our gratitude to our distinguished guests from abroad for travelling all the way to our country to share with us their personal and their nations' experiences in relation to the various topics we discussed on improving access to justice. We believe there is always something one can learn from other countries that have experienced similar challenges and successes, and we found what you shared with us inspiring.
And last, but not the least, I would like to thank the organisers of this conference, which was spearheaded by the Case Flow Management Committee of the Heads of Courts. My heartfelt gratitude goes to the organising committee under the leadership of Justice Mogoeng, and to all the staff from the Office of the Chief Justice, the Department of Justice and Constitutional Development, and the Constitutional Court, who worked tirelessly to ensure that this conference was a success. We cannot forget GIZ and the Department of Justice and Constitutional Development for their generosity in funding this conference.
Thank you all for your important contributions, and your generosity of spirit, and we wish you a safe and pleasant journey home.
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Members of the Media are hereby informed that the Deputy Minister of Justice and Constitutional Development, Mr Andries Nel, is travelling to Sydney, Australia to represent South Africa at the Commonwealth Law Ministers Meeting taking place in Sydney, Australia from 11-14 July 2011.
The meeting, which will be hosted by Australian Attorney-General, Robert McClelland, provides the opportunity for the First Law Officers of the Commonwealth of Nations to discuss law and justice issues of common concern, including counter-terrorism, crime prevention, human rights, access to justice, juvenile justice, E-Governance and the provision of legal aid and assistance.
Representatives from more than 50 Commonwealth countries are expected to attend.
+27 82 370 9532 pmpane@justice.gov.
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We would like to take this opportunity to thank you for presiding over the meeting today and your delegation for organising this important debate. We thank the Secretary-General, Ban Ki-moon; Ms. Radhika Coomaraswamy, Special Representative of the Secretary General (SRSG) for Children and Armed Conflict and Mr Anthony Lake, the UNICEF Executive Director for their respective briefings.  We also welcome the resolution just adopted.
South Africa remains deeply concerned about the plight of children in armed conflict. Children involved in armed conflict are deprived of an opportunity to grow up in an environment where they can realise their full potential.  South Africa is particularly concerned that thousands of children continue to bear arms as child soldiers and many also suffer as victims in armed conflict.  We thus remain steadfast in our firm commitment to eradicating the recruitment and use of children in armed conflict.
Significant progress has been made since the compilation of the first UN report by Graca Machel in 1996, on children affected by armed conflict. South Africa is pleased that the issue of children and armed conflict continues to receive the attention it deserves on the agenda of the United Nations in general and the Security Council in particular.
We are encouraged that the Security Council has identified six grave violations committed against children in armed conflict.  South Africa believes that each require equal weight and attention by this Council.  In this regard, we welcome the expansion of the trigger mechanism for punitive measures against those committing recurrent attacks against schools and hospitals.  We are concerned about the emerging trend of attacks against schools and hospitals.  We call on all parties involved in conflict to abide by international humanitarian law and refrain from attacks against civilian targets, particularly those wherein children would be present.
South Africa is concerned that despite positive efforts by the international community to address challenges faced by children in armed conflict, parties continue to commit violations against children.  In the DRC, Palestine, Afghanistan and elsewhere, children continue to be casualties of war and their rights violated.
We are concerned that a substantial number of countries and situations where children are involved in armed conflict are on the African Continent. We welcome the improvement of the conditions of children involved in armed conflict in some situations such as in Burundi.  We call on parties that remain on the list to follow the example of those states and entities that have adopted specific action plans to improve the situation. South Africa is deeply concerned about the reported additional violations in emerging conflicts recently such as in Cote d'Ivoire and Libya.
We call upon affected Governments, with the assistance of civil society and the international donor community to develop and implement concrete plans to address the challenge of children affected by armed conflict.  The international donor community should continue to provide long-term and sustainable assistance to facilitate these programmes.
On our part, South Africa has ratified the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict. The Optional Protocol sets the minimum age for direct participation in hostilities, for recruitment into armed groups, and for compulsory recruitment by governments, at 18 years.
Furthermore, our national Children's Act, and National Defence Force policy is in line with the Optional Protocol in that it defines the age of majority as 18 years, also in line with the South African Constitution.  The Children's Act recognises the need for special care and protection from harm, abuse and neglect of children.  It gives effect to South Africa's commitments in line with the Convention on the Rights of the Child.
It is vital that we do not forget the long-term needs of children that have been affected by armed conflict. South Africa therefore underscores the importance of adopting a broad strategy regarding conflict prevention.  These should address the root causes of armed conflict in a comprehensive manner and create a conducive environment for the protection and promotion of children's rights.
South Africa welcomes the unwavering commitment of the Office of the Special Representative and UNICEF in the implementation of the Monitoring and Reporting Mechanism.  These measures will go a long way in addressing the recruitment and use of children and other violations committed in armed conflict.  We encourage them to work within their respective mandates, and in an integrated manner with other key stakeholders including the Department of Peacekeeping Operation, concerned member states and non-governmental organizations to ensure coherence in addressing this scourge.
We also commend the work of the Security Council Working Group especially its role to review progress in the development and implementation of time-bound action plans by parties to conflict to halt the recruitment and use of children which are violations of international obligations.
In conclusion, South Africa would like to express our continued commitment to work with Council members and international community to ensure that the protection of children remains our priority.
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Results: 1 to 20 of 461 (104467 searched in 0.374.
URL: http://www.info.gov.za/speeches/2008/08041711151001.
URL: http://www.info.gov.za/speeches/2008/08041111151005.
URL: http://www.info.gov.za/speeches/2008/08041810151001.
This historic induction of the Ministerial Advisory Committee, which comprises experts, scientists, international scholars, holders and practitioners of indigenous knowledge, is yet another milestone in our arduous path of charting a development trajectory for our Indigenous Knowledge Systems.
URL: http://www.info.gov.za/speeches/2008/08042314451001.
South Africa and Japan have a long history of trade. In 2006, the South African Deputy President introduced Japan to South Africa's programme for acquiring scarce skills to drive its industrial development programme. The current energy challenges facing South Africa give us an important opportunity for co-operation with Japan.
Through interventions such as the Department of Science and Technology/Thuthuka Mathematics and Science Camps and Incentive Scheme, we facilitate the development of skills and link young people who have talent and potential to possibilities for employment and further learning.
URL: http://www.info.gov.za/speeches/2008/08040209451004.
URL: http://www.info.gov.za/speeches/2008/08032012151005.
This workshop on Science, Technology and Innovation Indicators, jointly organised by Lund University and the Nepad Science and Technology Secretariat, deals with a vital element of innovation policy measurement. It states that: Science, Technology and Innovation (STI) indicators are crucial for monitoring Africa's scientific and technological development.
URL: http://www.info.gov.za/speeches/2008/08031114151002.
The 2001 National Research and Development Strategy emphasises the need to stimulate and enhance innovation, develop our human capital and enhance the governance of the public research and development fabric of South Africa. We are looking to our science and technology community to lead us on to the development highway to accelerate our progress as a nation.
URL: http://www.info.gov.za/speeches/2008/08032012451001.
Cape Town: South Africa is well on track to reach its research and development (R&D) spending of 1% of gross domestic product (GDP) by the end of 2008, according to the Minister of Science and Technology, Dr Mosibudi Mangena.
Minister of Science and Technology, Dr Mosibudi Mangena, in partnership with Engen SA, handed over 30 computers to Kgwaratlou Secondary School at Ga-Mphahlele earlier today. By enabling greater access to information communication technology (ICT) hardware and software, I believe that a larger number of these outstanding young people will be motivated to further their studies and enter careers in science, technology, engineering and mathematics.
URL: http://www.info.gov.za/speeches/2008/08062510151004.
The content of this document is for information purposes only. Responsibility for verifying entry requirements rests with the individual traveller. The Department of International Relations and Cooperation of the Republic of South Africa does not provide advice on visa requirements on behalf of other sovereign states and the information contained in this document is merely a guide.
Visas are not required by South African passport holders.
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Good morning and thank you for inviting me to speak to you on this important occasion. We celebrate today the 10th anniversary of an important institution in our country, the South African Savings Institute. Government, through the National Treasury, has worked closely with SASI since its inception in 2001. Ten years on, the need for a savings culture is no less important, especially in the dynamic and evolving economic landscape where we find ourselves. The importance of savings for our goal of sustainable and inclusive economic growth is recognised in the inclusion of a target of a 6% private saving rate in my performance agreement signed with President Zuma.
Why such low saving rates?
Compared with our peers internationally, South Africa's savings rate has not performed well. The 2010/11 Global Competitiveness Report notes that South Africa's gross saving rate equated to 16 per cent of GDP in 2009, compared to China's 52 per cent; India's 37 per cent; and Russia's 22 per cent in the same year.
It is no coincidence that these are the economies that lead the way in the 21st Century. These are the countries whose populations are investing heavily in their nation's development, just as the Japanese turned their war-racked country into an economic superpower in the 20th Century. The prospects of South Africa's developmental programme hinge on our people making the same commitment to our progress. We need to ask ourselves if we can mobilise our resources as a nation in a way that recognises the importance of savings in reaching our developmental goals.
For too long South Africa's savings rates have been significantly lower than its economic and structural characteristics permit. We are missing out on the savings dividend that should result from having a large workforce relative to the retired population, not least because the high rates of youth unemployment means that the dependency ratio is not as low as it should be.
Most worrying is the overall lack of savings by South African households. Between 2001 and 2010, the household savings rate declined by an average of 0.1% of GDP every year. There are various reasons why: people's 'short-term' outlook, the lack of transparent and cost-effective savings products, and poor financial awareness among potential savers. So is the consumerist attitude in South Africa, which often has the ultimate impact of more and more people being highly indebted. A new mind set is needed about our actions and the long-term consequences of those actions.
Of course, one of the most important factors in this equation is the persistence of high unemployment, which means people may not be earning enough income to save or might have to use up their savings during lengthy spells out of work.
A sub-optimal equilibrium of low rates of savings and investment, low employment-intensity of production, and slow productivity growth has emerged. Yet a positive spark to any one of the three elements can generate a positive virtuous cycle of faster capital accumulation, job creation and technological advancement. The sustainable and inclusive growth central to the New Growth Path and the outcomes approach is one such spark; higher savings rates are another.
An entrenched savings culture among South Africans would achieve important goals at both an individual level and for the country as a whole. A high savings rate would allow us to meet our investment needs domestically, supporting the government's commitment to a developmental state without borrowing from other countries and their investors. This would make us less reliant on volatile short-term capital inflows for funding, which can easily reverse and pose risks of instability for an emerging economy like ours.
SASI has been spreading the message of the many benefits of savings for individuals too. For example, savings provide individuals with a decent retirement, a basic right that only 10 per cent of South Africa's pensioners currently enjoy. The rest of the elderly population - many of whom were once able to work and provide for themselves - is forced to rely on Government or others for support when they stop working.
Savings also allow individuals to protect themselves against unforeseen events. Insurance against short-term risks like car accidents and loss of property, and against longer-term risks like death or disability, is an important form of saving. Medical aid contributions also ensure that we do not need to maintain large cash reserves to meet unpredictable health care needs.
But we need to go beyond what we term 'necessities' in terms of the role of savings. An entrenched savings culture means South Africans must develop an attitude of saving for major expenses and goals, instead of relying on easy credit and long repayments to purchase whatever luxury good seems desirable at the time (the car that adorns the neighbour's driveway or the watch that weighs down their wrist.
One of SASI's initiatives involves teaching children to save, inculcating the importance of saving for items that they want and need. As adults we should lead by example - show our young people the value of setting money aside each month for an overseas trip, for a deposit on a house, and for our children's education.
Beyond these goals, South Africans should establish a culture of saving for a rainy day. No matter how well we manage our finances, events occur that we don't have control over. Without savings, such 'rainy days' can wash away our money and drown us in debt.
Government is considering a number of reforms and initiatives to support and encourage household savings. Earlier this year, the National Treasury released a policy document called, 'A safer financial sector to serve South Africa better'. This document touches upon important issues, such as financial inclusion, consumer protection, private and public sector retirement reforms, and the costs and transparency of financial products. A safer financial sector can go a long way in encouraging higher savings among consumers.
When it comes to retirement, a task team on Retirement and Social Security reform has been established to ensure our pensioners receive a decent income in their old age. A key component of this work is a proposed national social security fund, which will provide government-guaranteed pensions, as well as paying benefits to workers who become disabled or die before retirement. All workers will contribute to this fund, so all workers will benefit from the basic level of protection that this fund will provide. Not only will the reforms lead to an increase in national savings, but they will certainly result in an increase to the incidence of saving: low-income workers who at present are structurally excluded from occupational arrangements will no longer be totally vulnerable to financial shocks.
The social security proposals will not disrupt existing savings arrangements unduly, but they will seek to improve them. A worrying trend that one must mention in our current retirement system is the lack of preservation when people change jobs. According to the 2010 Sanlam Survey, between 70 and 80 per cent of individuals who change jobs cash in their retirement savings, rather than transfer it to another fund.
Government feels strongly about the need to preserve retirement savings, especially as these are a long-term source of savings for the economy as a whole. However, we do also recognise that in extreme instances, for example the sudden loss of a job, people may need some form of limited withdrawals from their retirement savings. The proposed social security reforms will be cognizant of the fact that such flexibility is necessary in a developing economy, but they will be predicated on minimising the need for such withdrawals: the social security fund will be closely aligned to workers' needs, meaning that it will provide an income when they are not earning a wage.
Government is also engaging with the financial services industry to examine the various savings products offered, with the aim of trying to make these more transparent and cost effective.
Of course, it is vital that those entrusted with looking after our savings and providing financial advice ascribe to the highest standards of integrity and training. Recent pension scandals have provided a timely and unhappy reminder of the need to enhance governance and educate trustees, if necessary, through legislation. We will continue to engage with the industry on this.
We also need to find ways to align and orient those savings that we have with our national goals. How do we get those funds invested in projects to build roads, hospitals, and transport infrastructure The right energy and attitude is needed to become part of the national development effort to drive a growing and dynamic South African economy?
Government has also developed its own set of affordable and safe savings products, available directly to savers. The RSA Retail Savings Bond were introduced by the National Treasury in 2004; since then South Africans have invested a total of R9.3 billion in these bonds. Today, there are close to 77 000 active investments in the bonds, and over 37 000 active investors. Given the success of these products, we are planning to introduce a New Top-Up Retail Savings Bond this year, aimed at attracting smaller investors. Currently, we have two series of bonds on offer - the Fixed Rate and Inflation linked bonds. Each need a minimum investment of only R 1 000. In our interactions with the public however, we realised that many more people would invest if they had the option to top up their investment rather than have a once-off investment. The National Treasury is therefore working on a new series of bonds, the Top-Up bonds, to meet this need. These bonds will need a minimum investment of only R500 and will also allow investors to top up this investment whenever they can. They can top-up for as little as R100. At the end of the three year investment period, they will also have the change to rollover (or reinvest) their payout. Like all our Retail Bonds, they will carry no fees or commission costs at all. We hope to see more and more South Africans, and especially the youth, take advantage of the competitive rates and the security that the bonds provide.
We should also note the important role played by lower-tier banks like co-operative banks. These banks, which are member-based, encourage savings in a trusted common-bond set-up and provide an affordable, accessible and convenient alternative to those who may otherwise be financially excluded from the formal financial system. Encouraging savings in co-operative banks is particularly important because co-operative banks reach people who are situated in deep rural areas. It is because of this important role played by co-operative financial institutions that Government has put in place proper measures to supervise them through enacting the Co-operatives Banks Act in 2007. There are two cooperative banks that are currently registered with the agency; one with 20 000 members and around R10 million in funds, and another with 400 members and funds of around R20 million. There are also around 122 co-operative financial institutions. In our interactions we have realised that there are barriers to entry of these types of institutions into the financial sector and we have engaged with the industry to address this. The entry of co-operative and other such institutions will allow for more diversity, bringing greater variety and vibrancy to the financial sector.
Together with the Financial Services Board, the National Treasury is also prioritising consumer protection and financial literacy. Under the 'Twin Peak' model for our supervisory regime, the South African Reserve Bank will focus on prudential supervision, while the Financial Services Board dedicates itself to the supervision of market conduct. We believe this model will deliver enhanced value to the consumers of financial services and products.
As we mark SASI's tenth anniversary, let us work together to drive the savings message across South Africa. Savings Month 2011 kicks off today, with the theme 'Save Now'. We have highlighted the importance of this message for our country's future. South Africans must help to achieve the target of increasing our household saving rate so that our country can achieve its potential. We must think of what we really need and consider what riches we can one day achieve as a country, rather than be dazzled by the fool's gold of today's consumerism. We must all come to the party - Government, industry and individuals. Together we can save for a better country and future.
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I wish to express South Africa's gratitude to the Permanent Representative of Rwanda, H.E. Eugène-Richard Gasana, the Chair of the Africa Group for the Month of July, for affording my delegation this singular honour of introducing this historic resolution on behalf of Africa Member States.
On the 9th of July, the world witnessed the birth of a new state in Africa, the Republic of South Sudan.
After decades of war that caused millions of deaths, the people of Sudan in 2005 made a historic  breakthrough when they agreed on a plan to resolve their differences and began a journey towards lasting and durable peace. This agreement was buttressed in the Comprehensive Peace Agreement entered into between the government of the Republic of Sudan and the Sudan Peoples Liberation Movement (SPLM).
One of the key pillars of this agreement  was the right  to a referendum on self-determination and indepedence for South Sudan.  The passing of Resolution 1514 by this august Assembly on the 14 of  December 1960 was a significant milestone in the struggle for decolonisation, self-determination and independence. The Resolution served as an inspiration to the majority of people on the African continent and elsewhere in their  struggle against colonialism, oppression and Apartheid.
The founding fathers and mothers of Africa agreed in the founding documents of the Organisation of the African Unity and the Constitutive Act of its successor, the African Union, to maintain Colonial borders inherited after indepedence given the sensitivities and complexities of this colonial inheritance.
It was for this reason that the African Union  immediately, following the January 9, referendum on self-determination by the people of Southern Sudan, adopted a Solemn Declaration in which it recognized the exceptional challenges, inherited from the colonial past as well as the unique nature of the national question confronting the people of Sudan.
In this regard, African Heads of State and Government, acknowledged that Sudan represents an axceptional case, which does not negate this sacrosanct principle of respect of colonial borders.
I stand here before you, and this august Assembly, with the distinct honour to introduce, on behalf of the Africa Group, the draft resolution on the admission of the Republic of South Sudan to membership of the United Nations comfortable in the knowledge that this act in no way  creates a precedent for successionist tendencies.
It was for this reason that the Republic of Sudan was the first country to recognise the independence and sovereignty of their new neighbour, the Republic of South Sudan.  This resolution has the unanimous and full support of the African Member States of the United Nations as well as the African Union.
As Africans we continue to be grateful for the role that multi-lateral organisations in general, and the United Nations in particular, have played in our quest for independence, quest for freedom and quest for self-determination. We reaffirm  our collective faith and our collective commitment to the fundamental principles of the United Nations Charter.
With the support of the enitire continent and all peace-loving people across the world, we present for your consideration the draft resolution contained in document A/65/L.84 on the admission of the Republic of South Sudan a to membership of the United Nations.
History has on ordained all of us here with this rare and distinct honour to  witness, the admission of the Republic of South Sudan as the 193th Member State of the United Nations.
With these words I would like to say I thank you all.
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We welcome the presence of His Excellency, Mr Ban Ki-moon, Secretary General of the United Nations at this historic meeting and we thank him for his statement.
We thank the Under Secretary General for Peacekeeping Operations, Mr Alan Le Roy for his briefing.
We also welcome the statements by their Excellencies Vice President Dr Riek Machar Teny of the Republic of South Sudan and Ambassador Osman Permanent Representative of the Republic of Sudan.
On behalf of the Government and people of South Africa we congratulate the Government and people of South Sudan on the independence they have achieved on 9 July 2011.
This was indeed a historic moment for the African continent and the people of South Sudan in their struggle for self-determination. For years the people of South Africa based on their own history, have identified with the aspirations and desire of the people of South Sudan for independence, freedom, justice and self-determination.
On 9 July, the Government of South Africa officially recognised the Republic of South Sudan as a sovereign and independent state.
We hope that the independence of South Sudan will serve as an inspiration to millions of oppressed peoples across the globe who continue to suffer under occupation and colonialism.
The signing of the Comprehensive Peace Agreement in 2005 was a major achievement for the people of South Sudan in their struggle for Freedom and in the international community's efforts to bring a peaceful end to the conflict in Sudan.
The holding of elections in April 2010 and the referendum in January 2011 were significant milestones in the implementation of the CPA.
We commend the leadership of both the North and the South for their commitment and partnership in the successful implemention of these key pillars of the CPA.
The 9th of July will go down in history as a significant day when the world witnessed the closure of one of the most painful chapters in the lives of Sudanese. The day equally marked a new beginning filled with hope and expectations as South Sudan became a new independent and sovereign state.
This achievement is a tribute to the late Dr. John Garang who once stated that, "I and those who joined me in the bush and fought for more than twenty years  have brought to you the CPA on a golden plate. Our Mission is accomplished. It is now your turn, especially those who did not have a chance to experience life."
We pay special tribute to this great African revolutionary who unfortunately did not live to join his fellow compatriots in celebrating this milestone in the implementation of the CPA.
We congratulate both President Al Bashir and President Salva Kiir Mayardit for the exceptional leadership they have demonstrated in the past six years since the signing of the  of the CPA. We welcome the statements delivered by both Presidents in Juba during the day of independence. These positive statements inspire hope and bode well for reconciliation and strengthening of bilateral relations between the two sovereign and independent states which are bound by a common history and share a common destiny as neighbours.
South Africa is cognizant of the multiplicity of challenges that the new state faces immediately after its birth.  South Sudan is one of the most underdeveloped and poverty-stricken nations in the world.  We are certain that given the same amount of bravery and courage displayed by the people of South Sudan in their struggle for independence will stand them in good stead  as they seek to address all the socio-economic challenges that still lie ahead.
On the political front there are still key outstanding issues of the CPA that need to be addressed. These include the final status of Abyei and the continuing tensions in Southern Kordofan and the Blue Nile. We should not allow these outstanding issues to reverse the gains registered thus far.
South Africa, therefore, welcomes the agreements signed between the government of Sudan and the SPLM with regards to Temporary Arrangements for the Administration and Security of Abyei, which paved a way for the Security Council to deploy a UN Mission for Abyei. We, however, would like to underscore that the resolution of the Abyei question will go a long way in consolidating peace and stability in the two Sudanese States. In this regard we encourage the Parties to reach a lasting agreement on Abyei, and resolve the situation in South Kordofan and the Blue Nile.
We are encouraged by the commitment and desire of both parties to reach an agreement on all these pertinent outstanding issues. We are cognisant of the positive impact the successful resolution of these issues will have in laying the foundation for peaceful co-existence and good neighbourliness.
We will continue to support the efforts of the AU High Level Implementation Panel under the leadership of fomer President Mbeki to assist the two States to resolve all the outsanding issues without delay.
The fact that the Republic of Sudan, was the first state to recognize the independence of the Republic of South Sudan was not only a symbolic but a further goodwill gesture of brotherhood and friendship.
The African Union Heads of States and Governments, in January this year adopted a  Solemn Declaration, extending their solidarity and that of the entire continent to the people of north Sudan, who have taken the unprecedented and generous step of accepting self-determination for their brethren. This Declaration further stated that Africa legitimately looks forward to the complete normalization of relations between the international community and the Republic of Sudan, to ensure that all the peoples of Sudan can enjoy peace, dignity, democracy and development.
We cannot overstate the role played by the UN, particularly the Security Council, African Union, IGAD, and the entire International Community in general towards lasting peace and stability in the Sudan. South Africa would like to make a clarion call to all those who have been involved in these efforts to continue to stand shoulder to shoulder with the people of South Sudan as they embark on a journey of state building as well as the solidarity with the Republic of Sudan as they deal with the new reality created by the emergence of a new neighbour.
In this regard, South Africa welcomes the Resolution adopted last week by this Council establishing a new UN Mission in South Sudan (UNMISS). We are particularly pleased with the intergrated nature of this new Mission with a focus on peace-building and support for development based on the principle of ownership. The Mission will play a significant role in supporting the New State in laying a foundation for sustainable development.
For our part, South Africa will continue to assist with the means at our disposal in building on the Technical Capacity Building programs of the past five years. The sister peoples of both South Sudan and the Republic of Sudan can continue to count on our support to help build and consolidate lasting peace and stability in that part of our continent.
Together with our IBSA partners, India and Brazil, we have committed to mobilise our own resources to support development projects both in the North and South Sudan through the IBSA Poverty Alleviation Fund.
We are of the firm view that the resolution of the conflict in Sudan will contribute a great deal to the comprehensive resolution of all the conflicts on the African continent.
In this regard we salute the outstanding work of the African High Level Implementation Panel led by our former President Thabo Mbeki. We also pay tribute to one of our own compatriot, the Special Representative of the Secretary General Haile Menkerios for the exceptional manner in which he discharged his duties. We are grateful to the men and women who served in the UN Mission to Sudan since its deployment. In spite of the harsh and challenging conditions under which they served they dedicated themselves to the noble cause for peace and stability and at times making  the ultimate sacrifice.
To the people of South Sudan your time has indeed come, "It is now your turn."
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Allow me to begin by expressing my appreciation to the Institute of Directors, the members of the King III Committee, as well as the asset managers and asset owners involved in bringing about this important Code. The launch of this Code for Responsible Investing in South Africa (CRISA) makes South Africa only the second country in the world to have a code for institutional investors (the other country being the United Kingdom), and that should certainly make South Africa and the financial sector proud.
As long-term investors, institutional investors have the responsibility to ensure that they invest in a way which promotes long-term sustainability. While there is progress in terms of documents like CRISA, there are also formidable challenges in our fast-changing world, especially after the financial crisis. The origins of ethical investment campaigning lie with the seminal campaign challenging companies trading with apartheid South Africa, and exposing sweatshop conditions in the supply chain of multinationals. So South Africa features in respect of CRISA in an interesting way, with campaigning for ethical investing having its origins in the time of strong disinvestment campaigns against South Africa in the 1980's.
As CRISA is launched, an important factor to consider is how to ensure that the term 'responsible investing' begins to incorporate as wide a set of considerations as possible. In the South African context that would mean beginning to understand and appreciate the challenges that our own history has left us, particularly in respect of economic and social infrastructure. Education and training has to play an important role in our society if we are to overcome the legacy of our past and position country and economy differently in order to progress along the economic value chain.
Climate change and the challenges of adaptation and mitigation also pose formidable challenges to business and government, and more importantly to the millions of ordinary people across the African who have to cope with the effects. We need to reengineer our mind-sets to anticipate challenges that will emerge from climate change, and also make the right investment decisions in the long term that will enable South Africa and the African continent to cope with those challenges.
Rural development for example, in South Africa and other parts of Africa, is a challenge; on the one hand we do not want the continuous migration of people to urban areas that are not yet equipped to handle those inflows, and on the other it is also the intention of government to develop rural areas so people find better livelihoods in those areas instead of leaving them. Work that the Department of Rural Development and Land Reform and others are engaged in relating to this could open up new 'out of the box' manners in which to think about investment.
In South African context, microfinance and the financing of young entrepreneurs are also key issues. If we are not able to create jobs fast enough within the domestic and the global economy, generating entrepreneurship, especially among our young people, and ensuring effective access to microfinance is going to be an important challenge for all of us to cope with.
We do have, in the vein of developmental and sustainable thinking, an example in South Africa. The Government Employees Pension Fund (GEPF) recently launched its Developmental Investment Policy, which highlights the commitment to invest in a way that will benefit members of the fund in the long-term, while also contributing to addressing pressing challenges that the country and continent faces. Through the DI Policy, the GEPF is committing 5 per cent of its assets (totalling about R45 billion) to pursue opportunities identified, with investments to be made through the Public Investment Corporation's Isibaya Fund. Investments will focus on four pillars: economic infrastructure, social infrastructure, sustainability projects, and enterprise development and broad based black economic empowerment. As at 31 May 2011, investments in these four pillars totalled R1.4 billion in disbursements with a further R3.3 billion in undrawn commitments.
Developmental investments such as these provide long-term investment opportunities that can yield good returns while contributing to a sustainable future. Such investments are also a good form of investment diversification, with returns uncorrelated to global market volatility. Business and institutional investors should take the lead in securing a sustainable future, in the wider sense of the word, and are urged to follow the GEPF / PIC example.
As we take account of investing in a way that addresses some of our country's challenges, we should also work together as a continent; business should be encouraged to think regionally and continentally. South African companies operating in other African countries should look at ways to contribute positively to these countries, and to uplift the communities in which they operate, thereby raising living standards across the continent. Opportunities on the African continent are significant and increasingly recognised by investors across the globe. This should create an opportunity for companies operating on the continent to work towards shared benefits.
The area of shared benefits is one which the world will increasingly begin to focus on: not just how to achieve growth in GDP terms or in terms of returns on investment, but how to achieve growth in a way that benefits all stakeholders in society. As we, through CRISA and similar projects, begin to look at the notion of responsible investing, the importance of transparency and integrated reporting, and the impact analysis of the investment we undertake, we must also reflect a lot more on how to get shared benefits in societies. If we don't have shared benefits, we give rise to social tensions that can make countries unstable and give rise to situations such as those seen in Tunisia and Egypt recently.
Another area as part of shared benefits approach is illustrated in some of the work done through a UK NGO looking at the 'value chain', from the saver and investor to the corporates in which investment take place. This chain needs to be looked at more closely, to ensure that the principles outlined in CRISA are making an impact, and resulting in significant transparency and changes in behaviour which results in benefits for all concerned in society. A contention is made by the NGO that a significant proportion of the population would like to see a portion of their retirement assets and other savings and investments designed to deliver a blend of social, environmental and financial returns. In the South African case, this could be extended to wanting to achieve developmental returns too. The key challenge is how to achieve this blend; how do we ensure financial sustainability, and at the same ensure that our mind-sets also allow us to focus a lot more on what this generation can do to make a difference to the next generation?
In this context, and particularly after the financial crisis, there is a great deal of concern about the culture of short-termism versus a long-term approach to investment. This short-termism played a crucial role in the recent financial crisis. The pursuit by company directors and investors of short-term performance and returns, contributed to the actions that plunged the world into the deep financial crisis we are still trying to emerge from. If our institutional investors and companies chase short-term returns and gains at the expense of our environment and the wellness of society, then society as a whole suffers. Some hundred million people lost their jobs around the world; a million people lost their jobs in South Africa. The revenue lost in our case was just over R60 billion as a result of the recession; the tax to GDP ratio fell to about 25% of GDP from 28.5% before the recession. It will take us another three to four years to recover from the impact of the recession. At the heart of the Code being launched today is the recognition of the importance of integrating sustainability issues, including developmental, environmental, social and governance issues into long-term investment strategies.
Government recently put environmental, social and governance (ESG) matters at the heart of investment decision-making with the new amended Regulation 28 of the Pension Funds Act. The new Regulation 28 requires pension fund trustees to consider ESG factors and broader developmental factors that may affect the sustainable long-term performance of an asset before making investment decisions.
An appeal I would make is that the current form of ESG might not adequately cover the range of developmental challenges we need to address as a country, and should be expanded.
Over and above the challenges of climate change, and how to ensure that South Africa and Africa can respond to it, we will find that the rest of the world is ready to invest in their own country and own technology, seeing the 'green economy' as a new opportunity for growth in their own economy. This could lead to a repeat of the historical anomaly where those countries that have particular needs, in this instance those arising from climate change, are subject to the innovation, R&D and technological capabilities of the developed world; the poorer countries will have to buy the technologies to cope with climate change from the developed world. The challenge for the investment community, as we approach our hosting of COP17 in Durban later this year, is to build a competitive R&D environment and create the technological capacity in Africa and South Africa, and ensure our relationship with the world in terms of how we cope with climate change doesn't leave us as second best as traditionally the African continent has been left. Surely, in the category of environmental factors affecting investment decisions, should make an impact on how we look at investment and returns in the African context.
However, responsible investing is not just about monitoring and engaging our investee companies; it is also about getting business to innovate. Finance and investment is critical to help our transition to a low carbon economy. If more people invest in greener and low carbon solutions, it lowers the cost of capital, making these projects more likely to succeed. Similarly, if more firms are implementing low carbon solutions, then the risk of not doing so rises, and the risk and cost of taking early action falls. We have yet to see innovations in finance and markets that could support low carbon growth. For example, a firm can easily get finance for a car or truck, but not for equipment that might lower their electricity usage.
The concept of the green economy is in fact shifting to that of the 'greening' economy. As we gear up to COP17, greening the economy and looking at new ways of construction and generating power and heating could take us into a different league, if we use COP17 as the motivation for demonstrating our own levels of innovation. This requires the investing community to have the imagination and courage to support efforts linked to this, and understand that greening the economy is an important part of future economic growth.
Some of the concerns that the CRISA process and debates post the crisis raises are about how beneficiaries' voices are heard effectively. Traditional notions of accountability, transparency and reporting are not always adequate to ensure that savers, pensioners, and investors can clearly understand where their money is going, how it is spent, how returns are derived and what the impact of business models we are working with have on other parts of society. There are also challenges to giving better meaning to the notion of accountability, which often becomes ritualistic. In a true democracy, we must find better ways of communicating to the ultimate beneficiary what is being done with their funds and whether it is being used for the long term benefit of their society.
Another issue arising, in South Africa and elsewhere in the world, is that of executive remuneration and pay disparities. In the context of your discussions and work being done promoting CRISA, the opportunity should be taken to reflect on this matter - what is the benefit to the few versus the cost to many What is the cost of huge pay disparities within a society, and if we are concerned with long term sustainability, what is the sustainability cost of these disparities This is becoming an increasing focus in the international community too. It will be useful if, in the same way that proactive steps were taken to develop CRISA, a proactive approach was taken to considering a different framework within which executive remuneration and pay disparities are dealt with?
An issue arising from our recent past is a lesson from the financial crisis which is not being debated enough; the crisis has challenged and, in the eyes of some completely debunked, the efficient market thesis. Increasingly around the world, there is a greater sense of urgency to find another paradigm within which to work. There are significant challenges to finding the right balance between government regulation and self-regulation. Light regulation and abandoning government's role has had huge costs which the whole world had to bear. In South Africa, it would be useful to also have similar debates, not in the context of market versus government, but in a search to find a better and different paradigm within which to work. Given our talent in South Africa for foreseeing things that are going to happen, we should anticipate the fact that the efficient market thesis is not going to return in its old form, and ask what form should regulation take If we are not going to get self-correcting mechanisms, how do we self-regulate in a way in which we have a higher level of openness to the signals around us and the ability to self-correct based on those signals before one is forced to do so?
A lesson from the crisis is how greed and the short-term approach can have devastating effects both on the industry involved and the wider system as a whole. Within a corporate governance environment, the way in which incentives are set does not necessarily combat and try to pre-empt the greed and short-term factor adequately. As partners between government and the private sector we should try and find solutions to these issues.
There is also concern around the world about volatile capital flows and the impacts they are having on various economies. Some economies are happy to have those flows leave them, while others like Brazil and South Africa, are concerned about the impact of the volatile flows. These flows are linked to the short term approach. They result in asset bubbles, and under the thesis of returns to safe havens, once there is a little bit of a scare, these flows retreat and there are huge volumes of money flowing out and reversing the capital inflows. In the context of discussions at the G20 and IMF, we are still trying to understand where the excess liquidity comes from; but there is a better understanding that it is due to the fact that there are not adequate returns in the developed world as there are in the developing world to saving; savings don't hold long term investment prospects. One of the challenges in terms of sustainable investment is how to encourage the investment community in South Africa and globally to decrease the volatility of capital flows and engage in longer-term investments, and in particular in an African perspective, to have an understanding that investors should invest in long-term infrastructure development, and not in the short-term context that gives rise to the vagaries of volatile capital flows.
These are some of the areas of concern that I hope you as a constituency will engage in, and between the various stakeholders represented here today and ourselves in government we can more actively debate the fast changing world we are living in and the adaptations we will have to undertake in terms of the traditional paradigms within which we work and begin to evolve, in partnership, different ways of looking at issues that CRISA addresses and that the industry is concerned with on a longer-term basis.
Some may question the efficacy of a voluntary code such as CRISA. I hope that through the debates that take place, we can emphasise and utilise the value of a voluntary code and understand where South Africans can go in the next ten years in this particular area. If the relevant people take ownership of them, voluntary codes can work perfectly. If we do not take ownership and don't demonstrate in our actions an understanding of the spirit and letter of the code, and demonstrate a significant impact on the environment, we will have to look for other solutions. This Code will demonstrate a pro-active approach on the part of industry to concerns being raised. As a society, we must move to a state of taking responsibility for our decisions and actions, without the need to always be compelled to do so by law. CRISA will be a success in South Africa if you make it a success, and I look forward to the benefits it will bring for the country and the continent. The responsibility lies with you and those you represent to give CRISA meaning and momentum so the hard work that went into its development will be seen in action.
Let me conclude by quoting President Nelson Mandela who celebrated his 93rd birthday yesterday: "Sometimes it falls upon a generation to be great. You can be that generation". In the context of generation, clearly you are that generation - you're only the second country in the world to draw up such a Code. Ladies and gentlemen, let us ensure we are that generation who will make sure that the world we inherited from our parents, is a better world to be inherited by our children.
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STAATSKOERANT, 19 JULIE 2011 No.
Notwithstanding the provisions of section 314 of the Children's Act 38 of 2005, any foster care order that was granted prior to 1 April 2010 that has not yet expired, shall, when it becomes due to expire, be dealt with under an administrative process following the procedure previously provided for in terms of the Child Care Act 74 of 1983 and the regulations thereto.
All foster care orders that have expired since 1 April 201 0 are deemed not to have expired and are hereby extended for a period of 2 (two) years from the date of the court order (22 June 2011) excluding all foster care orders that have expired due to the child turning 18 years of age.
All foster care orders that expired within a period of not more that 2 (two) years prior to 1 April 2011 , are deemed not to have expired and are hereby extended for a period of 2 (two) years from the date of the court order (22 June 2011) excluding all foster care orders that have expired due to the child turning 18 years of age.
During the two year period allowed in paragraphs 3 and 4 the MECs for Social Development shall direct the relevant social workers to identify and investigate foster care orders referred to in paragraphs 3 and 4.
No.34472 GOVERNMENT GAZETTE, 19 JULY 2011 paragraph 3 and 4. If a foster care order should not remain extended for the full two year period ordered in paragraph 3 and 4, or should be extended for longer than 2 years, the social worker may approach the Children's Court for an appropriate order in terms of the Children's Act.
Nothing in this order shall prevent the Children's Court from hearing a matter and making an appropriate order in terms of the Children's Act when approached by a social worker with an application concerning a foster care order falling within the ambit of this order, which may include terminating or varying the foster care order in terms of section 159 or extending the foster care order in terms of section 186 of the Children's Act.
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Advanced court technology, audio-visual postponements and electronic filing shall be introduced and widely implemented.
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Deputy Minister Andries Nel is travelling to Namibia today to attend a meeting of SADC Ministers of Justice and Attorneys-General taking place in Walvis Bay, Namibia from 21-22 July 2011.
At its meeting held from 16-17 August 2010, the SADC Summit approved that a study should be conducted on the role, responsibilities and terms of reference of the SADC Tribunal including the nature of SADC law and its relationship with national law. Its object is to provide an analysis of the SADC legal system and of the role of the SADC Tribunal and the national courts of the SADC Members States.
In April 2011, a meeting of SADC Ministers of Justice/Attorneys-General met to finalise this report and presented it to Extra-Ordinary Summit held on Windhoek in May 2011.
The objective of the meeting in Walvis Bay is to formulate strategies on how to undertake the process of reviewing and amending the legal instruments and further develop a work plan to be presented to SADC Summit in August 2011.
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South Africa was represented at the Commonwealth Law Ministers meeting by Andries Nel, Deputy Minister of Justice and Constitutional Development.
The meeting was held in Sydney, Australia from 11 to 14 July 2011 and was attended by Law Ministers and Attorneys-General from 44 countries.
The theme of the meeting was, "Fostering a just and secure Commonwealth."
Ministers recognized that the effective administration of justice required not only an independent judiciary of high competence but also an efficient court system.
In order to assist countries in achieving this, Ministers mandated the Commonwealth Secretariat to establish an online "clearing house" which would co-ordinate information as to what judicial development assistance programmes were available and also to develop a framework for better co-ordination of international judicial development assistance.
One of the highlights of the meeting was witnessing the signing of a Memorandum of Understanding between HE Judge Sang-Hyun Song, President of the International Criminal Court and the HE Kamalesh Sharma, Secretary-General of the Commonwealth.
In this regard Ministers approved a revised draft model law for dissemination to Commonwealth member states to assist in drafting legislation to domesticate the provisions of the Rome Statute of the International Criminal Court.
International child abduction.
The Department of Justice and Constitutional Development will be interacting with role players in the executive, legislature, and judiciary as well as the legal profession and civil society to share information and convey the outcomes of this meeting.
The complete text of the Final Communiqué is linked hereto and can also be found at www.clmm2011.
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Commonwealth Law Ministers met in Sydney, Australia, on 11 to 14 July 2011. The Meeting, which was attended by Law Ministers and Attorneys-General from 44 countries, was opened by the Commonwealth Secretary-General, HE Mr Kamalesh Sharma. In surveying the many important and practical matters in the agenda before the Meeting, he spoke of access to justice for all citizens as fundamental to the work of Law Ministers and of the continuing importance of the Latimer House Principles to the Commonwealth as a whole. The Meeting elected as its chairperson the Hon Robert McClelland MP, Attorney-General of Australia, who shared the chairing of the meeting with the Hon Brendan O'Connor MP, Minister of Home Affairs and Justice of Australia.
The Meeting had as its theme 'Fostering a just and secure Commonwealth'. It addressed many of the challenging issues currently faced by Commonwealth member states in today's fast-changing social, economic and legal environment. In the discussions, there was an awareness of the special needs of small jurisdictions with limited legal resources. Ministers hoped that their decisions would enhance their already close co-operation and the work of the Commonwealth Secretariat in securing the Rule of Law to the benefit of all their citizens.
The Meeting received a comprehensive report on the legal work undertaken by the Commonwealth Secretariat, and particularly its Legal and Constitutional Affairs Division, since the last Law Ministers Meeting in 2008. Law Ministers welcomed Mr Akbar Khan, Director of the Legal and Constitutional Affairs Division since October 2009, who spoke of the highlights of the Secretariat's Rule of Law programme since 2008 and of the current moves to refocus and prioritise the work to be undertaken. Ministers noted that, despite resource constraints, the work of the Division continued to be wide-ranging and of high quality. Notwithstanding this, Ministers encouraged the efforts to sharpen the focus of the work of the Secretariat. Ministers thought that it might be desirable to identify at each triennial meeting themes around which the work of the Secretariat could be planned and organised.
Ministers recognised that the effective administration of justice required not only an independent judiciary of high competence but also an efficient court system. In many countries, the courts face a number of challenges: chronic delays, the need to reform procedural rules, the introduction of alternative dispute resolution processes and case management systems, and the deployment and effective use of modern technology. There had developed in recent years a valuable but largely unco-ordinated practice of international judicial development assistance. Ministers noted that a number of Commonwealth countries had established judicial training institutes; some of the courses provided by these institutes were already attended by judges from countries which had no equivalent resources. The Pacific Judicial Development Programme had a number of projects in 14 Pacific island countries designed to enhance the professional competence of judicial officers and the processes and systems they use. Ministers recognised the particular circumstances of small states and their special needs in the design and delivery of programmes.
a. to mandate the Commonwealth Secretariat to establish or enable the establishment of an online 'clearing house' which would co-ordinate information as to what judicial development assistance programmes had been provided by Commonwealth countries to other countries, and would receive and assess applications for judicial development assistance and notify them to those member states which might have the capacity to respond to such requests, having regard to regional considerations.
b. that the Secretariat would develop a framework which Commonwealth countries could adopt with the aim of better co-ordination and targeting of international judicial development assistance, addressing the needs of recipient countries. The framework would ensure that assistance provided was based upon consistent standards of approach, enabled programmes to draw on previous experience, avoided duplication and had a rigorous approach to evaluation.
The Meeting recalled the Commonwealth Climate Change Action Plan, endorsed by Commonwealth Heads of Government in 2007. Climate change represents a threat to human security, even to the existence of some Commonwealth member states. It threatens the progress of development by reducing access to drinking water and causing desertification, putting agriculture and direct access to means of subsistence at risk.
d. that where appropriate, co-operation between member states with regard to immigration policies may be further developed and the Commonwealth Secretariat may provide such assistance as states may require; and e. that the Commonwealth should offer assistance to small developing states in particular in raising awareness of climate change and its impact, and taking adaptation measures to lessen the inevitable impacts of climate change.
The Meeting received a paper prepared by the Commonwealth Magistrates' and Judges' Association (CMJA) presenting the preliminary results of an examination of the position of magistrates within the Commonwealth, 'magistrate' for this purpose including all judges serving in a court which is not a court of unlimited jurisdiction in civil or criminal matters. The paper recorded concerns that in some Commonwealth jurisdictions the independence of the magistracy was without legislative protection; that appointments were made by processes which were not transparent; that in some countries magistrates' security of tenure was limited; and that adequate resources were not always made available to magistrates' courts. Ministers shared the experiences of their jurisdictions and noted the importance of issues such as those of remuneration and judicial pensions and of the accountability of magistrates.
to consider taking appropriate steps to strengthen their domestic legal frameworks and other measures for assuring the independence and integrity of their magistracy in compliance with the Commonwealth fundamental values, having due regard to the suggested Guidelines.
The Meeting received a paper prepared by the International Committee of the Red Cross (ICRC) on the international weapons related treaties adopted in recent years. These treaties prohibit or restrict the use of certain conventional weapons and seek to deal with the dangerous explosive remnants left after armed conflicts including those remaining in a number of Commonwealth countries. The Convention on the Prohibition of Anti- Personnel Mines of 1997 and the Protocol to the Conventional Weapons Convention on Explosive Remnants of War 2003 (Protocol V) have now been joined by the Convention on Cluster Munitions adopted in 2008. Negotiations are continuing at an international level on the topic of arms trade in conventional weapons. Ministers were informed of the West African (ECOWAS) Initiative on arms trade which has supported its member states on the implementation of rules relating to the trade in conventional weapons and the development of measures and processes for the control of their import and export. Ministers noted that in some jurisdictions, matters relating to conventional weapons did not fall within the province of Law Ministers.
b. that the Commonwealth Secretariat may be invited, in co-operation with the International Committee of the Red Cross (ICRC), to assist states to ratify the various weapons related treaties and to put domestic law in place to fulfil their obligations under such treaties; and c. to give legal support to enable their respective countries to participate actively in the 2012 Diplomatic Conference to negotiate a truly effective Arms Trade Treaty (ATT), that complies with International Humanitarian Law.
Ministers discussed the issue of forced or servile marriages which constituted a human rights violation that impeded individuals' most basic and fundamental rights. Many forced marriages had a transnational quality and their prevention could require active co-operation between the states concerned.
a. to reiterate their support for the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); and b. to note the useful discussion of measures that member states can take to protect women against forced and servile marriage and agree to consider actions to support the rights of women in such circumstances and to share best practices between member states.
The Meeting recognised that the increasing international mobility of people, assets, goods and services means that more businesses and individuals are involved in international civil and commercial transactions. The secure planning of such transactions would be served by better mechanisms for obtaining reliable and authoritative information about the laws and practices of other legal systems. Where litigation took place, courts would be assisted by closer judicial co-operation with the courts and administrative agencies of other countries, in such matters as the service of process and obtaining evidence abroad.
Ministers judged that there could be value in a Commonwealth scheme that could usefully supplement existing international conventions including those of the Hague Conference. This would be a counterpart to the existing Harare Scheme for Mutual Assistance in Criminal Matters. It would draw on the shared legal traditions of the Commonwealth but would also reflect the development of modern information and communication technology and the agreements made in recent years between some Commonwealth member states.
to mandate the Secretariat to develop a proposed Scheme on international civil legal co-operation for consideration at the next meeting of Senior Officials.
A feature of this Meeting was a special thematic session on cybercrime introduced by presentations followed by a High Level Ministerial Panel Discussion. The starting-point was a recognition that the use of technology in the commission of crime presented significant challenges to government, law enforcement and to individuals and businesses. Much personal information was now available in the Internet, creating possibilities for identity theft and other forms of fraud. The rapid pace of technological change continually threatened to outpace efforts at regulation, and many offences had a transnational character to which the traditional territorial approach of the criminal law was ill-suited: the sharing of information between national law enforcement agencies was essential. Many countries have found it necessary to create extra-territorial offences, making certain types of conduct punishable even when committed abroad.
Ministers received a presentation on an example of successful international co-operative work to deal with an Internet-based paedophile ring. The Meeting heard of legislation, specialist agencies and awareness-raising material developed in Australia, Botswana and Canada, noting that the issues were of equal importance to developing countries. There was a sharing of the experience of many jurisdictions. Ministers noted the existence of a comprehensive international instrument, the Council of Europe's 2001 Convention on Cybercrime, the work which led to the preparation of the Commonwealth draft Model Law on Computer and Computer Related Crime in 2002, and of regional efforts in West Africa.
b. that the Commonwealth Secretariat form a multidisciplinary working group of experts to review the practical implications of cybercrime in the Commonwealth and identify the most effective means of international co-operation and enforcement, taking into account, amongst others, the Council of Europe Convention on Cybercrime, without duplicating the work of other international bodies; and c. that the Working Group collaborate with other international and regional bodies with a view to identifying best practice, educational material and training programmes for investigators, prosecutors and judicial officers.
The Harare Scheme relating to Mutual Legal Assistance in Criminal Matters within the Commonwealth has for a quarter of a century provided a constructive and pragmatic approach to mutual co-operation between Commonwealth countries in combating transnational crime. At their Meeting in Edinburgh in 2008, Ministers asked for a comprehensive review of the Scheme in the light of the contemporary upsurge and increased sophistication of transnational criminal activity. The present Meeting received the results of this review in the form of a revised and updated Scheme including new provisions as to the interception of telecommunications and postal items; covert electronic surveillance; the use of live video links in the course of investigations and judicial procedures; and asset recovery. The revised Scheme which, like other rules and guides issued by the Commonwealth Law Ministers, provides a non-binding arrangement for the widest possible co-operation in criminal matters between Commonwealth countries is to be applied in a flexible manner in compliance with domestic law and international law. It does not preclude police-to-police co-operation.
a. to adopt the revised and updated Harare Scheme relating to Mutual Legal Assistance in Criminal Matters within the Commonwealth; and b.
the development and delivery of capacity-building initiatives by 30 June 2013, in particular on the interception of telecommunications and asset recovery, to further enhance international co-operation within the Commonwealth; and iii the promotion of the Commonwealth Network of Contact Persons and other similar networks.
The Secretariat will report to the next Senior Officials meeting on progress in developing this body of work.
The Commonwealth Heads of Government Meeting gave the Commonwealth Secretariat an anti-corruption mandate in 2005. The majority of Commonwealth member states have become parties to the United Nations Convention against Corruption and the Secretariat, as part of its response to the mandate, prepared a Commonwealth Legislative and Technical Guide to the Convention, which was approved by Law Ministers in 2008. This Guide has been kept under review and the present Meeting received an Updated Guide, which contains up-to-date guidance, not only on legislative issues, but also on global best practice, and provides a comprehensive point of reference for member states still preparing to implement the Convention and for those seeking to review and update their legislation and practice.
b. to approve the Secretariat's programme of work in combating corruption including publication and dissemination of the Guide; and c. to approve delivery of a series of criminal justice system regional or country specific training programmes incorporating anti-corruption modules.
Ministers received a study commissioned by the Secretariat on the minimum human rights standards available to detainees at the pre-trial stage in selected countries of both the civil law and common law traditions. The study, by the British Institute of International and Comparative Law contained recommendations on applicable human rights standards and best practices.
to take note of the paper which was suitable for publication as a research paper by the British Institute of International and Comparative Law (BIICL).
Ministers recalled the Commonwealth Statement of Basic Principles of Justice for Victims of Crimes which they adopted at their Meeting in Accra in 2005. One aspect of justice for victims is their protection and support as witnesses throughout an investigation and subsequent proceedings. Witnesses who are not themselves the victims of crime may also need protection and support.
a. to approve the Best Practice Guide for the Protection of Victims/Witnesses in the Criminal Justice Process (the Guide); and b.
to assist member countries with specific training on request; and iv to facilitate pro-bono mentoring and placements to develop sustainable capacity- building in areas of victim/witness assistance and protection by 30 June 2012.
In recent years both Law Ministers Meetings and Meetings of Law Ministers and Attorneys-General of Small Commonwealth Jurisdictions have considered two related issues: that of promoting alternative sentencing and that of the overcrowding in prisons and the excessive use of pre-trial detention in many countries. At their 2008 Meeting, Law Ministers requested the Commonwealth Secretariat to work with Commonwealth member states to formulate a strategy towards reducing the overall number of prisoners held in detention. Ministers now note that the issue was considered in depth last year at the Twelfth United Nations Congress on Crime Prevention and Criminal Justice. Rather than continuing with a separate Commonwealth study, Ministers agreed to make use of the UN material.
a. to consider the material set out in Annex A to paper LMM(11)15; and b.
i expansion of the Alternative Sentencing Programme by incorporating the United Nations recommendations as topics for analysis and discussion at future regional meetings; and ii delivery of technical assistance relating to alternative sentencing/prison population reduction to individual member countries, upon request.
This work is to be delivered by 30 June 2013. The Secretariat is to report on progress at the next meeting of Senior Officials.
At their Meeting in Edinburgh in 2008, Law Ministers considered prosecution disclosure obligations and mandated the Commonwealth Secretariat to undertake a comparative study of the approach to prosecution disclosure in criminal proceedings in Commonwealth member states, paying attention also to other critical considerations, such as witness protection, defence disclosure and the wider public interest. The Secretariat was to identify international best practices; to develop model legislative provisions and detailed guidance addressing the issue of disclosure, particularly in relation to unused material; and to conduct related training programmes. Ministers received a Model Criminal Disclosure Act and related Model Prosecution Disclosure Guidelines produced in fulfilment of that mandate.
b. to encourage member countries to draw on the model disclosure legislation and guidelines to the extent that it assists each member country in addressing these issues; and c.
assistance to member countries with specific training requests; and iii the facilitation of pro-bono mentoring and placements to develop sustainable capacity-building in prosecution disclosure and related areas.
The Meeting welcomed HE Judge Sang-Hyun Song, President of the International Criminal Court, and witnessed the signing by the President and the Commonwealth Secretary-General of a Memorandum of Understanding on Co-operation between the Commonwealth Secretariat and the International Criminal Court. The Secretary-General recalled that Commonwealth Heads of Government are committed to end impunity for perpetrators of genocide, crimes against humanity and war crimes and attach importance to building national capacity through the implementation of the Rome Statute of the International Criminal Court. President Song spoke of his pleasure at signing a historic Memorandum of Understanding and of being able to do so in the presence of Law Ministers from all parts of the world. Both the Commonwealth and the International Criminal Court were of global significance in upholding the Rule of Law, and the President noted with pleasure that over half the Commonwealth member states had already become parties to the Rome Statute.
The Meeting recognised that for a state to become a party was but the first step and that implementing legislation covering a range of matters (which would vary from state to state) was required. In 2004 a Commonwealth Model Law on the implementation of the Rome Statute was adopted. Revision of the Model Law has become appropriate to take account of developments following the Kampala Review Conference held in June 2010 and to reflect the various amendments made to the Rome Statute. Ministers received a revised draft Model Law.
c. to request the Commonwealth Secretariat to carry out further work with a view to consideration of the inclusion of provisions relating to the crime of aggression within the model law in due course; and d. to request the Commonwealth Secretariat alone or in partnership with other relevant organisations to undertake pan-Commonwealth and regional activities aimed at promoting the revised model law for adoption by member countries, together with the provision of expert technical assistance, as required, in respect of the ratification and implementation of the Rome Statute.
At many of their Meetings, including that in Edinburgh in 2008, Law Ministers have examined the difficulties facing their legislative drafting offices. They are acutely aware that the difficulties in the recruitment and retention of drafters remain major impediments to the realisation of policy objectives in many Commonwealth states. External expertise could prove valuable, but effective drafting required a full understanding of the legal context in a particular jurisdiction and of the policies underlying legislative proposals. At their present Meeting, Ministers addressed practical issues around financial and technical resources.
a. to give explicit support to Secretariat initiatives aimed at identifying extra-budgetary resources for drafting.
d. the Secretariat should continue to encourage drafting offices in regions to form networks for sharing ideas and proposals on funding. The Secretariat may then be in a position to co-ordinate a 'network of networks' whose combined input will be more persuasive to donors seeking maximum breadth and depth in their assistance; and e. recalling that previous Law Ministers Meetings have recognised that recruitment and retention of drafters remain a concern, putting in place measures to retain drafters including through the creation and maintenance of well-structured drafting offices and through the provision of training the trainers courses in order to promote sustainability in the drafting field.
c. the implementation of the legislation management system as a pilot project in the legislative drafting offices in some selected Commonwealth jurisdictions; and d. the setting up of an Advisory Group drawn from experts including those in the Commonwealth Association of Legislative Counsel to assist in the development of software.
Law Ministers at the Edinburgh Meeting in 2008 requested work on the modalities for civil society engagement with them in view of the Commonwealth's commitment to the involvement of civil society organisations (CSOs) in key deliberative processes such as Ministerial and Heads of Government Meetings. It was necessary at the same time to respect the need for confidentiality and protect Law Ministers from inappropriate and untimely lobbying. A set of proposed modalities was before the present Meeting.
a. that the growing influence of civil society in Commonwealth processes should be recognised without diminishing the relevance of intergovernmental processes. Indeed the relevance of the Commonwealth may be enhanced through constructive engagement with relevant CSOs.
b. that constructive engagement of civil society can strengthen intergovernmental deliberations by informing them, sensitising them to public opinion and grassroots realities and increasing public understanding of their decisions; and c. that in the circumstances Senior Officials are tasked to develop proposals to enhance and achieve a more constructive engagement with CSOs for further consideration by Ministers within the next 12 months so that the modalities can be agreed by the next meeting of Senior Officials.
Ministers recalled their discussion at their Meeting in Edinburgh in 2008 on how the Commonwealth Secretariat could refocus and redefine its Rule of Law programme in order to ensure that it remained relevant, co-ordinated and effective in the delivery of assistance to member states. They received the report of an Expert Group which had met in March 2011 under the chairmanship of the Hon Michael Kirby AC CMG of Australia to formulate recommendations.
e. that mandates involving the development of a scheme or model legislation necessarily involve capacity-building to support and facilitate its implementation.
g. that as new mandates are given, the implications for work on existing mandates should be highlighted by the Secretariat; and h. to give continued support to the Latimer House Principles, and encourage Commonwealth Heads of Government to give better effect to them.
The Meeting received a presentation by Lord Justice Thorpe, Head of International Family Justice for England and Wales, on extending the 1980 Hague Child Abduction Convention throughout the Commonwealth. He urged accession to the Convention and emphasised the need for Commonwealth member states to support the work of the Hague Conference in the field of family law, including its network of specialist judges and the Malta Process which sought to build links between states with Islamic law and other states. Ministers took note of the presentation.
Ministers received and took note of a number of reports.
e. on the activities of the Commonwealth Secretariat in the field of maritime boundaries and related Law of the Sea matters; and f.
the Commonwealth Legal Education Association (CLEA); and the Commonwealth Association of Legislative Counsel (CALC).
Ministers took part in a Forum on Women as Agents of Change held in Government House and hosted by the Governor of New South Wales, HE Professor Marie Bashir AC CVO. Law Ministers welcomed the presentation by the Hon Catherine Branson QC - President of the Australian Human Rights Commission. The participation of the Commonwealth Deputy Secretary-General was particularly welcomed as underscoring the mainstreaming of this issue in the work of the Secretariat.
In his remarks in opening the Meeting, the Commonwealth Secretary-General referred to a parallel event held in association with the Law Ministers Meeting, the Pacific Young Lawyers Forum, which had met on 10 July 2011. The Forum provided an opportunity for discussion of the ways in which the Commonwealth could assist young lawyers in Pacific countries with small legal professions. There was emphasis on the importance of supporting young lawyers' careers and providing guidance on professional conduct to address the ethical dilemmas sometimes faced by them in the course of their work. The Commonwealth's commitment to youth development led to support for the promotion of mentoring and continuing legal education as well as pro bono activities in law schools and among lawyers in Member States. There was recognition of the key role of young lawyers in providing access to justice to the poor and vulnerable. The Forum saw the inauguration of the South Pacific Lawyers Association (SPLA).
The Meeting considered a suggestion that there should be one or more organising themes for each Law Ministers Meeting which would produce a more focused agenda, while leaving room in the agenda for topical items. It was for further consideration whether the timing and frequency of Senior Officials meetings should be reviewed, but it was already clear there was a need for such a meeting in 2012 to review current work.
The meeting accepted a generous offer of Botswana to host the next Law Ministers Meeting in 2014.
<fn>GOV-ZA.20110721herbiehancockimagineprojectjazzmilesdavisquartetjamesbrowcultureEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2011072201En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.20110722NpaRelationsEn.2012-02-10.en.txt</fn>
Yesterday (Thursday, 21 July 2011) I convened a meeting in my Pretoria office where both the National Director of Public Prosecutions (NDPP), Adv Menzi Simelane and his deputy, Mr. Willie Hofmeyr, the Asset Forfeiture Unit (AFU) head, were in attendance. Based on the views expressed and assurances they gave, I am in a position to indicate that there are no strained relations between the National Director and his deputy, Willie Hofmeyr.
There are those who seem to have made it their business to create confusion through making false claims about the National Prosecuting Authority (NPA) in general and the AFU in particular. This wrong diet is sadly fed to the media in order to paint a bleak picture about the state of affairs in the NPA.
I had frank and open discussions with the two heads on two main issues.
The first one was in relation to the perceived extinction of the AFU in the NPA. To this end I would like to restate and reassure the AFU staff and all South Africans that the Asset Forfeiture Unit will continue to remain in the NPA as a critical and effective function in the fight against crime and corruption. There is no intention to do away with this function. In any event This function is provided for our the law.
The other matter relates to the complaint against Willie Hofmeyr in connection with the Dave King investigation. From the time this complaint was brought to the attention of the NPA, it was processed through internal procedures, handled by the Integrity Management Unit (IMU) within the NPA. As a matter of principle, complaints of improper behavior against any official in the NPA, regardless of their seniority level, are directed to the IMU. Any decision to refer any complaint for possible criminal investigation against any official rests with the IMU and not the National Director. In the Hofmeyr matter, the IMU saw no basis to depart from that principled practice and consequently referred the matter to the South African Police Service for possible investigation. Hofmeyr accepts this position as the requisite due process aspect of our law.
In fairness to all parties concerned, including Hofmeyr and the complainant, it is important that we all give the Police space to conduct and conclude this investigation without undue pressure in order to get to the bottom of this complaint.
The fight against crime and corruption remains one of the five main priorities of our government.
The NPA leadership recognizes the need to rally behind a common purpose in order to achieve a shared government vision of combating crime and corruption. They further recognize that the NPA and all its components occupy a strategic position in the fight against crime and corruption.
As government, we remain committed to lending support and providing guidance where necessary in an effort to ensure that the NPA never gets derailed.
<fn>GOV-ZA.20110727En.2012-02-10.en.txt</fn>
In pursuit of the AAPSComs objectives of ensuring that public administration is effective and efficient, and considering that Public Services Commissions are the key instruments through which governments across the African continent ensure that the quality of service delivery in their respective Public Services is enhanced, the "Performance Contract as an indispensible tool for achieving excellence in the Public Service in Africa" served as the theme for the second meeting of the General Assembly of AAPSComs.
Mechanisms to hold public servants accountable.
Excellence and leadership in the Public Service.
Talent management as an approach to build a culture of excellence.
Ways to create organizations with a climate for excellence, high standards and continuous improvement.
The features of performance contracting.
Mechanisms to engage citizens in public sector management.
The President of AAPSComs signed the Memorandum of Understanding between the AAPSComs and the African Union Commission, represented by Dr Mamadou Dia, Director, Department of Political Affairs, African Union (AU) Commission. The MoU formalises the relationship between the AU Commission and the AAPSComs.
Foster better collaboration between the Commission of the AU and the AAPSComs.
Enhance effectiveness and exchange knowledge.
Promote the principles and values of the Charter of Public Service in Africa.
Advance the development of the continent by promoting research to improve public service in Africa.
Ambassador A Al-Gazali, Chairperson of the Federal Civil Service Commission of Nigeria who represents the West African Region.
<fn>GOV-ZA.2011072801En.2012-02-10.en.txt</fn>
The National Treasury today releases a policy document entitled "The South African Microinsurance Regulatory Framework". The proposed microinsurance framework discussed in this document aims to address the specific challenges of improving access to insurance and consumer protection for lower income families in South Africa. It is an important first step towards providing South Africans with better, more affordable insurance.
Three features of the insurance market in South Africa require policy address: promoting better access for South Africans to affordable insurance products that meet their daily risks; better matching of insurance products to the needs of low-income consumers; and strengthening consumer protection.
Microinsurance refers to insurance that is accessed by the low-income population, provided by a variety of different providers and managed in accordance with generally accepted insurance practice. It forms part of the broader insurance market, distinguished by its particular focus on the low-income market. The dominant insurance product in the lower-income insurance market is funeral cover, which is often provided by unlicensed providers, resulting in significant risks to consumers.
ï· Extend access to a variety of good-value formal insurance products appropriate to the needs of low-income households, thereby supporting financial inclusion.
ï· Facilitate formalised insurance provision by currently informal providers, and promote the formation of regulated and well capitalised insurance providers and small business development.
ï· Lower barriers to entry to encourage broader participation in the market and promote competition amongst providers.
ï· Enhance consumer protection within this market segment through appropriate prudential and business conduct regulation, improved enforcement of regulations, and consumer education interventions targeted at understanding insurance and its associated risks and benefits.
ï· Facilitate more effective supervision and enforcement, supporting the integrity of the insurance market as a whole.
This microinsurance policy document builds on the National Treasury's 2008 discussion paper on the "Future of Microinsurance in South Africa." Consultation on the 2008 proposals informs the policy positions that underpin the proposed Microinsurance Act, providing a comprehensive framework for improving product delivery and consumer protection in this market.
The National Treasury and Financial Services Board will develop the microinsurance legislation for comment by 2012, and for tabling in Parliament by 2013.
<fn>GOV-ZA.20110729gg34479nr611rulesmagcEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.20112012budgetspeechEn.2012-02-10.en.txt</fn>
Izakhamizi zonke zaKwaZulu-Natal.
Njengoba sicaba indlela eya phambili, ngithanda ukubonga uNdunankulu uDkt Zweli Mkhize nesigungu sakhe kanye namalungu e-Justice, Crime Prevention and Security Cluster ngokweseka uMnyango wethu ekwethuleni siphinde sisabalalise ngempumelelo uhlelo lokwakha umbimbi lokulwa nobugebengu esithi i-Building a United Front Against Crime. Lolu wuhlelo oludidiyele nolubanzi lokulwa nobugebengu olunxenxa imiphakathi ukuba ibambe iqhaza, lusebenzisa umkhankaso ka-Operation Hlasela njengenqola yokulusabalalisa esifundazweni sonke.
Njengoba singena onyakeni wezimali ka-2011/2012, sizoqhubeka nohlelo lwethu lokuvuselela lezi zinhlaka zama-CPF lapho zingasasebenzi khona. Amanye ama-CPF ethu adinga ukwakhiwa aqiniswe kabusha. Uma sihlabela phambili, sizosebenzisana nezakhiwo zababheki bemizi ezikhona. Abantu abavolontiya ukuqapha izitaladi zethu sibathatha njengezishoshovu zokulwa nobugebengu. NjengoHulumeni, besingakazisebenzisi ngokwenele lezi zakhiwo ukuze zisilekelele ekulweni nobugebengu. Ukuqalwa kwalo nyaka sesizosebenzisana nazo, sizinike umfutho, sisebenzise amandla esinawo ukuzisiza zikwazi nokuzitholela imithombo yezimali.
Sifisa ukubonga iziFunda eziningi kanye nomasipala bamadolobha nobuholi bakhona ngokufaka izinhlelo zokuphepha kuma-IDP nokubandakanya thina emizamweni yabo yokwakha izinhlelo zokulwa nobugebengu. Sesithole ukwesekwa okukhulu ohlelweni lwethu lokuxhumana nemiphakathi, esethemba ukuthi nizoqhubeka nibambisane nathi ekuqhubeni i-United Front Against Crime.
Sithi kubantu besifundazwe sakithi, kungumsebenzi wethu ngamunye ukuthi sisukume sibambe iqhaza elibonakalayo ukwenza amakhaya nezitaladi zethu ziphephe. Lo msebenzi uqala ngabantu abakhethwe ngentando yeningi. Kulo nyaka esingena kuwona sizofuna ukwazi ukuthi ezindaweni abahlala kuzona bayaba yini yingxenye yokwakhiwa kwezinhlaka zokuphepha emiphakathini. Uma kungenjalo, kuyosho ukuthi sinenkinga ezandleni zethu ekulweni nobugebengu. Njengoba kuzongena imiKhandlu emisha, sizosebenzisana nawo ukuqinisekisa ukuthi iKhansela ngalinye liba yingxenye yokwakhiwa kwezinhlaka zokuphepha komphakathi endaweni yalo. Amaphoyisa awakwazi ukunqoba impi yokulwa nobugebengu ewodwa. Isidingo sokwenza izinhlelo zokuphepha komphakathi zisebenze esifundazweni, yisona esizosikhuthaza kulo nyaka wezimali ukuba sisebenzele abantu bakithi kanzima nangokungakhathali.
Njengoba unyaka ka-2011 kungunyaka womnyakazo wabantu ekulweni nobugebengu, ngiphonsela thina sonke inselelo ukuba sibambe iqhaza elifanele ezinhlelweni zokulwa nobugebengu ukuze njengoba kwasho Inkosi Albert Luthuli, "inamuhla lethu libe ngcono kunayizolo nekusasa lethu libe ngcono kunenamuhla". Uma sihluleka ukubamba iqhaza lapha, akumele sisole amaphoyisa nabanye uma sesihlangabezana nobugebengu.
Tel.: (033) 355 8694 Fax.: (033) 355 8092 www.kzntransport.gov.
The success of the tournament showed the power of sport and recreation in nationbuilding as well as economic and social development.
In line with these constitutional imperatives, the SRSA has been assigned thepowers and functions to develop and implement national policies and programmesregarding sport and recreation in the country.
Contribute to a healthy nation by increasing the number of participants and developing talent within an integrated development continuum.
resolutions-supporting well-organised sport events in South Africa -contributing to the promotion of sport tourism to South Africa.
CupTM the best ever.
The SRSA has a number of flagship programmes through which it implements its objectives.
sharing in the benefits of mass participation logistical support.
The purpose of this programme is to provide support to public entities and sport and recreation bodies, and monitor and report on their performance.
The Club Development Programme directly to the beneficiaries.
development and updating of genericeducation and training material, and monitors the development of the HR base necessary for sustaining sport and recreation.
Authority unit standards, produce manuals and train Sector Education and Training Authority-accredited facilitators.
The MPP provides support and strategic direction to increase the number of participants in sport and recreation in South Africa.
It is the national coordinating macro-body for the promotion and development of highperformance sport in South Africa, including team presentation, and must consult with relevant sports bodies in this regard.
<fn>GOV-ZA.20113En.2012-02-10.en.txt</fn>
(1 and 2) The South African Council for Educators (SACE) reports that for the period 2005 to 2007 there were twenty cases involving unprofessional conduct towards learners. Sixteen cases related to unprofessional sexual conduct towards learners, and all were found guilty and dismissed. In four cases the educators were found guilty of assault, and two were dismissed while the other two were fined and continue to be in the employ of their respective provincial education department. SACE is still consolidating statistics for the first quarter of 2008. The names of educators cannot be disclosed, as decisions on some of these cases are challenged through judicial processes.
<fn>GOV-ZA.20118En.2012-02-10.en.txt</fn>
This clinic operates in the Blaauwberg Health District of the Metro Region.
<fn>GOV-ZA.2011ChildsActPamphletEn.2012-02-10.en.txt</fn>
A Children's Court is a special court which deals with issues affecting children.
The children's court also takes care of children who are in need of care and protection and makes decisions about children who are abandoned, neglected or abused.
Any person/ child may approach the clerk of the children's court when he/ she believes that a child may be in need of care and protection.
The Children's Court can place a child in safe care or refer the child and/or the parent to services that they may require.
Children's Court does not deal with criminal cases.
Did you know that the following people MUST report a possible case of child abuse?
Did you know that a child may be adopted jointly by a husband and wife; partners in a permanent domestic life-partnership; or other persons sharing a common household and forming a permanent family unit?
So make your voice heard!
For information visit: http://www.justice.gov.za or send an e-mail to: children@justice.gov.
<fn>GOV-ZA.2011En.2012-02-10.en.txt</fn>
Note: There will be a video link-up to Imbizo Media Centre, 120 Plein Street, Cape Town.
Briefings delivered will be available on the South Africa Government Information website.
<fn>GOV-ZA.2011Prj82VictimComsationEn.2012-02-10.en.txt</fn>
1BA168B7 1. The South African Law Reform Commission approved a Report containing recommendations and a proposed draft Bill on a compensation fund for victims of crime. The Report was submitted to the Minister of Justice and Constitutional Development.
investigate all aspects regarding the establishment of a compensation fund for victims of crime, including the question of how the plight of victims of crime in their interaction with the criminal justice system should be treated; and b recommend steps to be taken in respect of the establishment of a compensation fund for victims of crime and any other steps that should be taken to address the plight of victims of crime in their interaction with the criminal justice system.
Currently no compensation exists for victims of crime in South Africa outside the courts' prerogative to enforce a restitution order in respect of the offender if convicted. Victims have to enforce their right to compensation by instituting civil actions against the perpetrators.
The establishment of a compensation fund is, at this stage, not a viable option in view of two particular problems, namely the affordability of the fund in the current financial climate and the absence of prerequisites necessary for the effective and efficient administration of the fund. In the course of the investigation the Commission embarked on a process to determine the cost implications of establishing a compensation fund, an exercise which clearly showed the huge financial implications of establishing a compensation fund. The exercise itself proved to be difficult, since an accurate estimate depended on a number of variables, too difficult to verify or to define with certainty. The range of possible and available policy permutations, for example, the offences for which compensation should be considered, the criteria to be used to determine a complainant's eligibility to claim, the extent to which compensation should be paid (full compensation, limited compensation or compensation in accordance with a tariff scheme) the number of claims and the lack of available and reliable data are examples.
Therefore, for purposes of determining the possible cost implications of establishing a compensation fund the Commission had to rely on a number of assumptions and estimates. In the course of this exercise the Commission's point of departure was to err on the side of conservative assumptions and to limit its costs analyses to certain categories of offences. On the above approach the cost implications for a compensation fund, paying full compensation, calculated for the year 1998, and limited in respect of a category of offences which included murder, attempted murder, rape, assault with intent to do grievous bodily harm, indecent assault and aggravated robbery, was R4,7 billion. The result clearly underlined the huge cost implications which should be considered and lead the Commission to conclude that such a fund is not a viable option in the current financial climate.
In the alternative, the Commission proposed a victim empowerment programme aimed at providing and improving services to victims, which includes limited financial support for victims of crime in certain exceptional and limited circumstances and informed by policy recommendations of a newly created Victims Council. The Commission, however, recommended that the establishment of a compensation fund should not be abandoned, but developed over time as a project within the broader objective of improved services for victims of crime.
The current Victim Empowerment Programme (VEP) still lacks the ability to deal effectively with all the issues relating to victims of crime. The current programme focuses on support services, where only particular categories of victims are targeted, and it does not comprehensively deal with all the needs of victims.
Without an effective legislative basis, support services will continue to be uncoordinated, fragmented and reactive in nature.
The treatment of victims and services provided to them should be placed on a firm footing.
Legislation should be adopted to provide for a comprehensive package when dealing with the needs of victims of crime, and should be based on the approved government policy of the National Crime Prevention Strategy, advocating for a victim-centred approach and which is reflected in the VEP mission statement as "to provide a caring and supportive service to victims of crime that is accessible, timeous, and thorough, thus contributing to a sense of empowerment and an environment conducive to peaceful communities".
The Commission's proposed legislation is based on the establishment of four major structural components to provide a package aimed at improved services and support to victims and the introduction of legislative principles, providing for the standards which the treatment of victims must meet.
As a minimum, the creation of a permanent structure, an Office for Victims of Crime, to take care of the needs of victims on a permanent basis.
The creation of branch offices to provide victims with access to victim service delivery close to victims.
The creation of a limited fund to support the development, improvement and provision of services to victims of crime. This Fund should not be confused with a compensation fund for victims of crime because of the name given to it in the Commission's report, ie a "fund for victims of crime". The purpose of the fund is solely to finance the establishment of support services to victims of crime.
The Commission's recommendations also include a provision that in exceptional circumstances a victim may apply for compensation where there is absence of appropriate services. There may be circumstances where services cannot be provided and the only assistance that could be provided would be financial assistance. Financial assistance could therefore be provided in exceptional circumstances, be of a limited nature and in compliance with clearly defined conditions.
The creation of a permanent body or institution (Victims Council) to advise government on policy issues and legislative amendments to meet the needs of victims of crime.
The introduction of legislative principles to guide the treatment of victims of crime.
The report will be made available on the Internet at the following site: http://salawreform.justice.gov.
<fn>GOV-ZA.2011SanlamKayMotsepeSchoolsCupEn.2012-02-10.en.txt</fn>
On behalf of the Free State Provincial Government the MEC for Sport, Arts, Culture and Recreation, Mr Dan Kgothule, would like to extend a word of appreciation to the Motsepe Foundation for hosting the SANLAM/ Kay Motsete Schools Soccer Cup in the Free State.
As the Free State we are proud to host this soccer tournament scheduled for the 13th - 16th July 2011 in Bloemfontein.
It is with gratitude that the Department of Sport, Arts, Culture and Recreation also thank Sanlam as main title sponsor, as well as the South African Schools Football Association, Mangaung Metro and Department of Education.
"For us the staging of this tournament in our Province serves as one of the important milestones in our quest to construct a formidable Sport and Recreation edifice. The SANLAM/Kay Motsepe tournament comes at a time when we as the Free State are fully engaged in a programme to place this programme at the highest pedestal of service delivery in our land. Such a programme entails the hosting of various sport tournament such as the Motlalepule Ntsala Soccer Games; Sipho Mutsi Sport Tournament; Dr Irvin Khoza Soccer Tournament; O.R Tambo Games; Rural Girls' Games; Disability Games and so on. This programme also entails the building of sports facilities such as the Multipurpose Sport Courts; Local Talent Development Centres; District High Performance Centres; Community Gyms; Boxing High Performance Centre and so on" stated the Mr Kgothule.
We are indeed proud of these efforts which seek to enhance the spirit of sport in our Province and are delighted by the staging of the SANLAM/Kay Motsepe Schools Cup in our Province.
"On behalf of the Free State Provincial Government I take this opportunity to welcome all the stakeholders and partners involved in this tournament to our hospitable Province and we wish all the teams the best of luck in these games", concluded Mr Kgothule.
With 18 teams competing in the tournament four fields, three at the Clive Solomon stadium, will be used daily for the qualifiers and one at the Mangaung Outdoor Sports Complex with the Seeisa Ramabodu Stadium hosting the semi-finals and final.
The 300 players will start arriving in Bloemfontein on 12th July. A draw will take place in the evening to determine the fixtures prior to the first game on 13th July.
Your media house is cordially invited to attend the games.
This page was last modified on 8 July 2011, at 14:27.
This page has been accessed 40 times.
<fn>GOV-ZA.2011SanlamKayMotsepeSchoolsCupReportEn.2012-02-10.en.txt</fn>
The 2011 Sanlam Kay Motsepe Schools cup has come and gone having been presented in Mangaung from the 13th to the 16th July 2011.
Clive Solomon stadium, Mangaung Outdoor Sports Complex and Seeisa Ramabodu stadium were abuzz with soccer activities as school soccer Teams from around the country battled it out for the corvetted SANLAM Kay Motsepe cup.
Saturday 16th of July started with the 3rd and 4th position play-off at the Seisa Ramabudo stadium at 10:00, with Ncedo Senior Secondary School from the Eastern Cape and Johannesburg Secondary School battling it out.
Ncedo was too strong for Johannesburg, and pipped the R500 000 pricemoney and 3rd place in the tournament by beating Johannesburg Secondary School with a convincing 2 - 0. Johannesburg Secondary School did not go home empty handed. They received a 4th place cheque for R400 000.
But the main honors stayed in the host province, with Harmony High School taking 1st place in a tense final match against Westridge Secondary School from the Western Cape.
The match did end up in a 0 - 0 draw, but due to Harmony ending top of the table after the knock-out rounds, the home team grabbed the R1 Milion price money for the second consecutive year. Westridge will be happy with their performance, and took home a healthy R600 000 runners-up cheque.
The prize money will be used not as cash, but to be apllied in legacy projects in the communities of the prize winners.
The Department of Sport, Arts, Culture and Recreation, would like to extend our congratiolations to the Motsepe Foundation for hosting and initiating the under-19 School Soccer tournament that culminated in a very exciting final on Saturday 16th July 2011.
It is with gratitude that the Department of Sport, Arts, Culture and Recreation again thank Sanlam as the title sponsor, as well as the South African Schools Football Association, Mangaung Metro and Department of Education for their partnership in the quest to promote school sport.
We look forward to hosting the Sanlam Kay Motsepe Cup finals in the Free State again next year, with the tournament heading to the picturesque Parys.
This page was last modified on 19 July 2011, at 12:49.
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Donald Thumamina Mboto (Posthumous): For a selfless act that led him to lose his life while trying to save a drowning child in St.
Rev. Phambani Jeremiah Mzimba (Posthumous): For his exceptional contribution and pioneering spirit in the formation of the African Independent Churches and his instrumental role in the development of a new understanding of Christianity among the African believers.
Last modified: 28 April 2011 14:00:08.
<fn>GOV-ZA.2011budgetspeechfinalEn.2012-02-10.en.txt</fn>
The Community Survey is a large scale household survey (about 280 000 households) conducted by Statistics South Africa in an attempt to bridge the data gap between censuses. The survey will focus on employment/unemployment levels, the extent of poor households, access to facilities and services as well as demographic and socio-economic data. This survey is especially critical for government in its drive to improve service delivery.
Physical address: Bid Documentation Section Riverside Government Complex Visitors Centre, Building no. 9 1.
Building no 9, Government Boulevard, Nelspruit, 1200 2.
Telephone number: (012) 721 3955 4.
Elukwatini Sub regional offices Office numbers A49 and A50 (opposite Elukwatini Community Hall) Stand number 12 extension A, Elukwatini, 1190. Contact Person: Ms Sibongile Malopi . Telephone no: 017 883 1396/7 6.
Compulsory Briefing Sessions: Date : 25 November 2010 Time : 10h00 Venue: Riverside Government Complex, Building No.
Compulsory Briefing Sessions: Date : 23 November 2010 Time : 10h00 Venue: Riverside Government Complex, Building No.
Description: UPGRADING OF D3969 (11.
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President of Mozambique, Your Excellency Joaquim Chissano, Minister of Public Works, Roberto White, the first lady of both our countries, Mrs Graca Machel (if she is there), CEO of TRAC Mr Trevor Jackson, ladies and gentlemen.
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T Didiza: Public Works Dept Budget Vote 2008/09 0.
URL: http://www.info.gov.za/speeches/2008/08042112151002.
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Ladies and gentlemen style="font-weight: bold;">Theme: Transport Moving South Africa to do more together >Let me take the opportunity to welcome you all in this very important and special occasion wherein we launch October Transport Month.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=13869&tid=22833 Size: 4KB Speaker: T Manyoni Collection: speeches_cm?
Motlohi was shot dead in front of his house in Wepener last night. Acting Premier Manyoni will make a call to the community to remain calm, allow and assist the authorities to investigate the matter in order to arrest whoever is responsible.
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The name change of the Department of Foreign Affairs to the Department of International Relations and Cooperation in May 2009 was in line with international trends and informed by the need to give greater clarity on the mandate of the department.
building and consolidating strategic partnerships to advance the country's developmental agenda the continued exertion of influence on global political and economic issues.
The AU is Africa's premier institution and principal organisation for promoting the continent's accelerated socio-economic integration, which will lead to greater unity and solidarity between African countries and people.
African Commission on Human and People's Rights.
The financial institutions, the African Central Bank and African Monetary Fund, and the African Court of Justice still have to be operationalised.
The primary objective of Nepad is to eradicate poverty, halt the marginalisation of Africa in the globalisation process, promote the empowerment and economic integration of women and achieve the millennium development goals (MDGs).
The SADC has been in existence since 1980.
South Africa and Indonesia were instrumental in the launch of the NAASP in Bandung in 2005 on the 50th anniversary of the Bandung Conference, which cemented Afro-Asian solidarity. The NAASP represents a commitment by heads of state and government to help build closer economic ties between Africa and Asia. The first NAASP Summit will be held in South Africa in 2010.
While Japan, Malaysia and Taiwan already rank among the foremost sources of foreign direct investment (FDI) in South Africa, the significance of China and India, as sources of investment, is growing. South Africa's multinational companies are finding attractive investment opportunities in Australia, China, Indonesia and Thailand in diverse fields such as mining, minerals processing, electronic media and the petrochemical industry.
South Africa also plays a leading role in the Indian Ocean Rim Association for Regional Cooperation (IOR-ARC), which creates an opportunity for countries of the south to serve their economic interests.
South Africa's total trade with IOR countries stands at more than R140 billion.
Apart from strengthening trilateral cooperation, India-Brazil-South Africa (IBSA) countries are committed to collective efforts to reform the United Nations Security Council, as well as the international financial architecture and to take joint steps to mitigate the effects of the global financial crisis. The three countries have also agreed to redouble their efforts to promote transport interconnectivity through the adoption of cooperative maritime and aviation frameworks that will assist in facilitating the new intra-IBSA trade target of US$25 billion by 2015.
South Africa enjoys wide-ranging multilateral relations with Australia and New Zealand.
The UNDP has an office in Pretoria, which is headed by the resident representative, who is also the resident UN coordinator for all UN operational activities for development in South Africa.
South Africa ratified the African Youth Charter in May 2009, and deposited the instrument of ratification with the Commission of the African Union on 8 July 2009. South Africa was the 14th country to ratify the charter, which entered into force in August 2009.
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URL: http://www.info.gov.za/speeches/2008/08071016151001.
URL: http://www.info.gov.za/speeches/2008/08092616451001.
URL: http://www.info.gov.za/speeches/2007/07073011151003.
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The Minister for Higher Education and Training, Dr Blade Nzimande, will on Thursday, 30 June 2011 at 07h00 witness the signing of cooperation agreement between South African Airways Technical (SAAT) and Ekurhuleni West College (EWC) for Further Education and Training.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=19463&tid=35965 Size: 2KB Collection: speeches_cm?
Universities receive R19.4 billion for the 2011/12 financial year and R4.3 billion is allocated for Further Education and Training (FET) colleges. Furthermore, I expect the Minister of Justice and Constitutional Development to bring a bill to the house this year to amend Schedule 4 of the Constitution, making FET colleges and adult education an exclusive national competence.
The Minister has recently been collaborating with relevant stakeholders within and outside the country on how we can partner in improving the quality management and curriculum development related issuesand skills shortage in the South African higher education and training sphere.
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URL: http://www.info.gov.za/speeches/2008/08082116451001.
URL: http://www.info.gov.za/speeches/2006/06112914151001.
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URL: http://www.info.gov.za/speeches/2009/09031216151001.
URL: http://www.info.gov.za/speeches/2009/09030915151001.
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: Communication (http://www.doc.gov.
: Education (http://education.gov.
: Health (http://www.doh.gov.
: Independent Complaints Directorate (http://www.icd.gov.
: Land Affairs (http://land.pwv.gov.
: Municipal Demacation Board (http://www.demarcation.org.
: National Treasury (http://www.finance.gov.
: Public Enterprises (http://www.dpe.gov.
: Public Works (http://www.publicworks.gov.
: Sport and Recreation (http://www.srsa.gov.
: Statistics SA (http://www.statssa.gov.
: Trade and Industry (http://www.dti.gov.
: Transport (http://www.transport.gov.
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URL: http://www.info.gov.za/speeches/2003/03102013461002.
URL: http://www.info.gov.za/speeches/2003/03101709461004.
URL: http://www.info.gov.za/speeches/2003/03101709461003.
The Chairperson of the Parliamentary Portfolio Committee on Environmental Affairs and Tourism, Ms Gwen Mahlangu, has pleasure in inviting you to join her in celebrating achievements made in marine research as South Africa is approaching its first decade of democracy. Thursday's programme will particularly focus on research projects undertaken on new fisheries and on marine sciences' contribution to job creation and economic development, which are key government priorities.
URL: http://www.info.gov.za/speeches/2003/03101415461001.
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>The National Minister of Public Works, Mr Geoff Doidge, MP, today Wednesday, 19 August 2009, together with Northern Cape Premier Hazel Jenkins, signed an implementation protocol agreement and launched the roll-out of Expanded Public Works Programme phase two.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=4781&tid=4926 Size: 709 bytes Collection: speeches_cm?
>The Minister of Public Works, Honourable Geoff Doidge, MP, cordially invites you to the Expanded Public Works Programme media workshop to be held in Cape Town on 3 May 2010.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=10449&tid=10466 Size: 2KB Collection: speeches_cm?
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52 3 - 33 Phillip Frame Road 75 St.
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We will ensure that the social security net is tighter and poverty alleviation programmes benefit primarily the many women, children and persons with disabilities who continue to live in conditions of abject poverty.>Honourable speaker, women and children constitute the majority of the population in rural areas.
>Minister for Women, Children and Persons with Disabilities, Noluthando Mayende-Sibiya, will lead a high level government delegation to Lusikisiki, to engage traditional leaders, community and various important stakeholders on the traditional practice of ukuthwala.>It was reported that several girl children in the area of Lusikisiki have been forced to marry older men as part of a traditional practice called ukuthwala.
Our special guests, children>I extend warm greetings and well wishes to all of you from the Ministry of Women, Children and Persons with Disabilities. Let us work together to ensure that children grow up free of drugs and alcohol.
>A three year investment into education and women empowerment by the trade union, National Education, Health and Allied Workers Union (NEHAWU), is bearing fruits with more than 200 women shop-stewards and members graduating at the University of Western Cape in Cape Town this Wednesday, 16 September 2009.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=3939&tid=4084 Size: 2KB Collection: speeches_cm?
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URL: http://www.info.gov.za/speeches/2002/02082609461004.
URL: http://www.info.gov.za/speeches/2002/02081215461003.
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Among the key areas he will touch on will be the Local Government Turn Around Strategy (LGTAS), the Community Work Programme (CWP), Operation Clean Audit 2014 and the Clean Cities & Towns campaign. These Programmes, under the banner of the LGTAS, are part of Government's Programme of Action up to 2014.
The Objective of Outcome 9 is to achieve a Responsive, Accountable, Effective and Efficient Local Governance system by 2014.
Pretoria, 18 July 2011 - The draft Municipal Property Rates Bill was gazetted for comment on 9 June. We are keen to hear from the public on the Bill. The last date for comments is 22 July.
Deputy Minister Yunus Carrim says "We understand, especially in these difficult economic times, and with increases in the cost of municipal services, that house-owners are anxious about property rates. But contrary to media reports on the draft Bill, people who own more than one residential property will not have to pay commercial rates on their additional residential properties. The intention is to ensure that guest-houses, bed-and-breakfast establishments, small hotels and the like pay commercial rates. If necessary, we will amend the draft to make this clearer before submitting the Bill to parliament."
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1 FACT SHEET ON RIFT VALLEY FEVER 1. Introduction An outbreak of Rift Valley Fever (RVF) has been confirmed in Lejweleputswa and other districts in the Free State province. Rift Valley Fever is a viral zoonosis that primarily affects animals, but it also has the capacity to infect humans. 6. Prevention and Control of Rift Valley Fever Rift Valley Fever can be prevented by observing the following measures: 1. Avoid contact with infected animals, particularly body fluids.
URL: http://www.info.gov.za/speeches/docs/rift-valley-fever-factsheet.
There have been confirmed cases of Rift Valley fever in animals in the Oudtshoorn area.>The Western Cape Department of Agriculture also confirmed today that two alpacas have died from Rift Valley fever on a farm in Simondium, outside Paarl in the Western Cape.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=10494&tid=10511 Size: 4KB Collection: speeches_cm?
>Notwithstanding the strategic application of 40 000 doses of Rift Valley fever (RVF) vaccine sponsored by the Western Cape Department of Agriculture in the Murraysburg District of the Karoo, RVF has spread to the Beaufort West District in the Western Cape.>The first cases were detected on our northern border with the Northern Cape province where two Jersey cattle died acutely.
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URL: http://www.info.gov.za/speeches/2009/09021616451002.
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The reports allege that the President has repudiated or contradicted the Deputy President by saying that he did not believe that police were involved in killing other policemen. The views of the President and the Deputy President are the same on this matter. Both President Mandela and Deputy President Mbeki have always paid tribute to the overwhelming majority of the members of the SAPS who carry their duties out with distinction.
The President learnt with a deep sense of shock of the death of Zac de Beer. On behalf of the government and himself personally, the President would like to convey condolences to the family. The nation is the poorer of the loss of one who proved himself a principled opponent of apartheid, and who then as our Ambassador, helped democratic South Africa establish itself as a member of the community of free nations.
URL: http://www.info.gov.za/speeches/1999/9905281158a1003.
Only days before the election that will usher in a new democratic government, it is most gratifying to be able to play host to such a galaxy of leaders of business and labour. Amongst you are members of the Job Creation Trust set up by organised labour to mobilise resources amongst employed workers and business to help fund the creation of jobs for our fellow citizens who are unemployed.
URL: http://www.info.gov.za/speeches/1999/990511251p1001.
URL: http://www.info.gov.za/speeches/1999/990505420p1003.
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>The Premier of Limpopo, Mr Cassel Mathale will honour members of the provincial Justice, Crime Prevention and Security Cluster during the award giving ceremony designed to appreciate the good service rendered to the province during the 2010 FIFA World Cup tournament.
On Sunday, 12 September 2010, the Premier of Limpopo, Mr Cassel Mathale, will lead a high level government delegation to the People s Republic of China on a weeklong trade and investment promotion mission. During this mission, the Premier s delegation will strategically interact with the provincial government of Henan province as well as State Owned Enterprises (SOEs) in the cities of Beijing and Shanghai.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=13279&tid=20095 Size: 3KB Collection: speeches_cm?
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Because of the level of sophistication involved in this type of crime and the amount of money that is siphoned off our economy, it clear that white collar crime does not only affect the Government and the business sector in particular, but also has a negative impact on our society.
The Minister for Justice and Constitutional Development, Mrs BS Mabandla, MP cordially invites the media to an official opening of the Mbombela Municipality Court and the new wing of the existing Nelspruit Magistrate's Court.
The Minister for Justice and Constitutional Development, Mrs Brigitte S Mabandla, MP officially opened the Mbombela Municipality Court and the new wing of the existing Nelspruit Magistrate's Court on 3 February 2005. The new upgraded structure of the Nelspruit Magistrate Court undertaken by the Department of Public Works on behalf of the Justice Department took twenty months to complete at a cost approximately 20 million and resumed operations in 2003.
It is a great pleasure to be here today in Mpumalanga to officially open the Mbombela Municipality Court and the new wing of the Nelspruit Magistrate's Court. A comparison of the workload and the performance of the Nelspruit magistrate's court compared to that of all magistrates' courts in Mpumalanga reveal that both the district and regional court at Nelspruit are carrying a higher workload than the courts in the rest of Mpumalanga.
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URL: http://www.info.gov.za/speeches/2009/09032409451002.
URL: http://www.info.gov.za/speeches/2009/09032309451001.
URL: http://www.info.gov.za/speeches/2009/09032011151001.
You are invited by the Electoral Commission to a signing ceremony between the IEC and the farming community of South Africa at the Birchwood Hotel in Boksburg. As with previous elections, the IEC will sign an agreement with the farming community to give the IEC and party agents access to farms and their co-operation and support with regard to the forthcoming elections.
URL: http://www.info.gov.za/speeches/2009/09031810151004.
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The Minister of Home Affairs, Ms Nosiviwe Mapisa-Nqakula and her Deputy Mr Malusi Gigaba will conclude their Imbizo Focus Week activities when they visit the North West and Northern Cape provinces, respectively. Venue: Kagisho Sports Ground, Kimberley Date: 17 April 2007 Time: 09h00 Event: Door to door delivery of IDs followed by a community Imbizo Issued by: Department of Home Affairs 17 April 2007 Source: Department of Home Affairs (http://www.dha.gov.
The offender rehabilitation path does not only assist the offender to adapt to the corrections environment, but it also brings together the agents that will give meaning to the six service delivery areas the department has identified in relation to offenders, namely: security, facility, correction, development, well-being and social reintegration.
URL: http://www.info.gov.za/speeches/2007/07052112151001.
35 35 6 110 70 30 R5 R14 R14 R5 VOORAANSIG FRONT VIEW Ã30 Ã30 30 Ã54 TEGNIESE TEKENE/TECHNICAL DRAWING/HG/P2/V2 2 505020 1 65 45 20 LINKERAANSIG LEFT VIEW R6 R27 R12 3 65 M30 DoE/Mei-Junie/May-June 2010 70 Kopiereg voorbehou/Copyright reserved 54 R12 130 30 b.o.
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URL: http://www.info.gov.za/speeches/2007/07102216451010.
URL: http://www.info.gov.za/speeches/2007/07111511151003.
URL: http://www.info.gov.za/speeches/2007/07102216451017.
In this regard, the South African government support for the Walvis Bay Spatial Development Initiative (SDI) was initially pledged in early 2000 after consultation between the two Heads of State. At the same time, the Walvis Bay Corridor, forming part of the Trans-Kalahari Highway and stretching from the port of Walvis Bay to the Border Post (Buitepos) with Botswana, was being promoted by the Walvis Bay Corridor Group ' a public private partnership.
URL: http://www.info.gov.za/speeches/2007/07111512151002.
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URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=18988&tid=34818 Size: 11KB Speaker: A Dlodlo Collection: speeches_cm?
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>To date, 21 March 2010, the number of people infected with Rift Valley fever has increased to 42. Death cases remain unchanged at two.>The National Institute of Communicable Diseases (NICD) has confirmed this morning that of the total number cases, 37 with two deaths are in Free State, three in Eastern Cape and two Northern Cape provinces.
>To date, a total of 32 human laboratory cases of Rift Valley Fever (RVF) have been confirmed by the National Institute of Communicable Diseases (NICD) in Free State with two deaths and one in Northern Cape.>Two cases of Congo Fever, one in Free State and one in Northern Cape, have also been confirmed.>RVF is a viral disease that can cause severe disease in a low proportion of infected humans. Additional suspect cases are currently being tested.
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You are hereby invited to the official launch of government's new magazine, Vuk'uzenzele. Speakers will include Minister in The Presidency, Dr Essop Pahad and Vuk'uzenzele Editor, Rafiq Rohan.
URL: http://www.info.gov.za/speeches/2008/08092413451001.
URL: http://www.info.gov.za/speeches/2008/08060916151004.
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Minister of Transport 741 1751.
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Copyright 2002.
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The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States referred to in article 25 of the Convention.
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SALGA Input CGTA Bosberaad-Mr X George.
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URL: http://www.info.gov.za/speeches/1998/98807_mufama9811071.
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URL: http://www.info.gov.za/speeches/1998/98806_mthemb9811069.
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URL: http://www.info.gov.za/speeches/2006/07010814151001.
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Date: Monday, 18 July 2011 0.7741 2011/07/15 0.7741 2011/07/15 class="MsoNormal">As part of her contribution to the Nelson Mandela Day programme, Eastern Cape Transport MEC Thandiswa Marawu, will be leading Operation Asihleki roadblocks with traffic officers during the re-launch of scholar transport throughout the province on Monday, 18 July 2011.
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QUESTION 1 1.
2.5 The equilibrium constant is affected by temperature only.
Reaction rate/time for reaction.
Volume of acid Concentration of acid Number of tablets/mass of tablets.
The smaller the particle size the faster the reaction rate â since there will be a greater surfacee area â â´ more effective collisions between reactant particles.
0,014 5.2 No, they were incorrect. â Heating favours the endothermic reaction. â As the colour changed from pink to blue when heated, the reverse reaction was favoured â which is therefore endothermic. The forward reaction is thus exothermic.
c: Exothermic reaction is favoured by lower temperature.
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>The United Nations (UN) declared 2010 the International Year of Biodiversity is a celebration of life on earth and the recognition of the links between biodiversity, ecosystem services and human well being.>Celebrations for International Year of Biodiversity will take place under the apt theme, Biodiversity is life, biodiversity is our life.
>The Minister of Water and Environmental Affairs, Ms Buyelwa Sonjica has required Wasteman to undertake a proof of performance of the incinerator prior to a final decision being made on whether or not to shut down the Wasteman operated incinerator in Klerksdorp.
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URL: http://www.info.gov.za/speeches/2008/08032615451002.
URL: http://www.info.gov.za/speeches/2008/08040710451005.
URL: http://www.info.gov.za/speeches/2008/08040711451003.
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I will conclude by presenting the policy and programme priorities the department will pursue during 2010/11 operational year.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=9670&tid=9687 Size: 56KB Speaker: N Mabandla Collection: speeches_cm?
>MEC for Human Settlements, Mrs Nombulelo Mabandla will launch the Dream Fields Soccer project as part of the Elliotdale Rural Sustainable Human Settlement Pilot project.>The department has been working closely with other departments and the Development Bank of Southern Africa (DBSA) on the Dream Fields project which will see 22 primary schools competing to play in the Dreamfields National Cup to be held at the University of Pretoria in Gauteng on 30 to 31 March 2010.
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Serg.
Capt.
Capt. Salomie Dir.
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get an opportunity to come to the Legislature and listen first hand to the Premier Mbhazima Shilowa Address the Legislature on the Policies and Programmes for our Province n 2003/2004.
URL: http://www.info.gov.za/speeches/2003/03022114461001.
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There is no mandatory entry clearance (visa) requirement for South African nationals wishing to come to the United Kingdom as visitors. However, there is provision for prospective visitors to apply for an optional entry clearance (visa) at the nearest British Diplomatic Post if they are in any doubt whether they will qualify for entry. Possession of an entry clearance does not guarantee admission, but it does provide a measure of likely eligibility prior to travel, and affords a right of appeal before removal in the event that entry is refused.
A prospective visitor must satisfy the Immigration Officer amongst other things that he or she is genuinely seeking entry only for the period and purpose stated, and will be maintained and accommodated without recourse to public funds or taking employment. If the Immigration Officer is not satisfied, entry may be refused after reference to a Chief Immigration Officer or Immigration Inspector. It should be emphasised that entry to the United Kingdom is not simply a formality if a prospective visitor is in possession of a passport, return ticket and adequate funds. The onus rather is on the person seeking entry to satisfy the immigration officer as to his or her intentions.
Decisions to refuse entry cannot be appealed and can result in considerable inconvenience and distress. South African travellers refused entry into the UK may be required to return to South Africa. There is also a risk that other countries may also refuse admission on the basis of the British government's decision, which in all cases is recorded in the traveller's passport.
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URL: http://www.info.gov.za/speeches/2008/08032815451001.
URL: http://www.info.gov.za/speeches/2008/08022511451004.
URL: http://www.info.gov.za/speeches/2008/08021412151002.
The Ministry of Arts and Culture is deeply shocked and saddened by the untimely passing away of a young, gifted, South African television actress, Ms Ashley Callie who died on Friday following a head-on accident recently. However, we are very thankful for the life of an African creative artist and actress whose life expressed the triumph of the human spirit in the most inspiring transformation age of our times.
URL: http://www.info.gov.za/speeches/2008/08021817151001.
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URL: http://www.info.gov.za/speeches/2005/05030311451001.
URL: http://www.info.gov.za/speeches/2005/05030411151003.
URL: http://www.info.gov.za/speeches/2005/05030209451002.
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ALBION Quarterly ISSN: 0095-1390 APPALACHIAN STATE UNIV, ALBION/HISTORY DEPT 210 WHITENER HALL, BOONE, USA, NC, 28608 18.
AMERASIA JOURNAL Tri-annual ISSN: 0044-7471 ASIAN AMERICAN STUDIES CNTR, UNIV CALIF, 3230 CAMPBELL HALL, 405 HILGARD AVE, LOS ANGELES, USA, CA, 90095-1546 19.
AMERICAN ANTIQUITY Quarterly ISSN: 0002-7316 SOC AMER ARCHAEOLOGY, 900 SECOND ST.
AMERICAN CATHOLIC PHILOSOPHICAL QUARTERLY Quarterly ISSN: 1051-3558 AMER CATHOLIC PHILOSOPHICAL ASSOC, C/O FORDHAM UNIV, BRONX, USA, NY, 10458 22.
AMERICAN HERITAGE Bimonthly ISSN: 0002-8738 AMER HERITAGE SUBSCRIPTION DEPT, FORBES BUILDING 60 FIFTH AVE, NEW YORK, USA, NY, 10011 23.
AMERICAN JOURNAL OF ARCHAEOLOGY Quarterly ISSN: 0002-9114 ARCHAEOLOGICAL INST AMERICA, 656 BEACON STREET, BOSTON, USA, MA, 02215 29.
AMERICAN JOURNAL OF PHILOLOGY Quarterly ISSN: 0002-9475 JOHNS HOPKINS UNIV PRESS, JOURNALS PUBLISHING DIVISION, 2715 NORTH CHARLES ST, BALTIMORE, USA, MD, 21218-4363 30.
AMERICAN LITERARY HISTORY Quarterly ISSN: 0896-7148 OXFORD UNIV PRESS INC, JOURNALS DEPT, 2001 EVANS RD, CARY, USA, NC, 27513 40.
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Cape Town: Foreign Affairs Minister Dr Nkosazana Dlamini Zuma will, on Friday, 20 February 2009, hold bilateral discussions with her Sudanese counterpart, Dr Deng Alor Kuol at the Groote Schuur House, Cape Town.
South Africa and the Sudan conduct their bilateral relations through the Joint Bilateral Commission (JBC) which convenes at both Ministerial and Senior Officials' levels. The last session of the JBC between South Africa and the Sudan took place on 7 to 9 June 2008 in Khartoum.
In March 2003, Minister Dlamini Zuma led a delegation to the Sudan to, among others, assess the implementation of the Comprehensive Peace agreement.
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From this engagement, the Deputy President will proceed to Lawley (south of Johannesburg) to launch the Mercedes-Benz Ekukhanyeni Children's Home project. The home caters for orphans and children from surrounding communities. It combines a sanctuary and early childhood development opportunities for these vulnerable children.
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authorize that officer of the Municipal Council to perform any duty imposed upon the Minister by this Act.
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President Thabo Mbeki will be supported by Foreign Minister Dr Nkosazana Dlamini Zuma who will depart from Côte d'Ivoire for Liberia on Monday, 16 January 2006.
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As has been pointed out in the past from this office, media statements should not be made on the basis of media reports without any consultation with the SAPS as to the veracity of the reports.
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Objectives of Act of protected areas, where appropriate.
implement this Act in partnership with the people to achieve the progressive realisation of those rights.
Chapter 1, this Chapterand section 48 apply to specially protected forest areas, forest nature reserves or forest wilderness areas, declared as such in terms of section 8 of the National Forests 1998 (Act No. 84 of 1998).
(2)The other provisions of this Act do not apply to specially protected forest areas, forest nature reserves or forest wilderness areas, but if any such area has been declared as or included in a special nature reserve or nature reserve, such area must be managed as, or as part of, the special nature reserve or nature reserve in terms of this Act in accordance with an agreement concluded between the Ministerand the Cabinet member 20 responsible for forestry.
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Unemployment Insurance Act (No.
benefits from any unemployment fund or scheme established by a council under section 28(g) or 43(1)(c) of the Labour Relations Act, 1995 (Act No.
is suspended from receiving benefits in terms of section 36(1).
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The arrival of a new baby is a joyous occasion to all families and it is even more special when it is on New Year's Day. Gauteng Health and Social Development MEC, Qedani Mahlangu will spent the first day of the year celebrating with mothers at Rahima Moosa Mother and Child Hospital in Coronationville.
"As 2010 is knocking on our doors, we are looking forward to new beginnings and we pray for God's blessings. There is no better gift from the Lord than the arrival of a new baby and we want to share in that joy with mothers who have been blessed on the first day of the year,"says MEC Mahlangu.
Members of the media are invited to attend and requested to arrive at 12h45. Please confirm attendance by 10h00 tomorrow 25 January 2007.
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As a follow-up, the G-7 members along with the European Commission decided to take the opportunity offered by the Ministerial Conference held in Brussels on 25-26 February 1995 to identify a number of selected projects where international cooperation could be an asset. These projects would aim at demonstrating the potential of the Information Society and stimulate its deployment. The projects would be initially undertaken by the partners while remianing open to larger participation, including that of international organizations which was encouraged.
It was expected that the consequences of the joint action in this area would provide a concrete contribution to the requirements of the global Information Society and would demonstrate its potential for the well-being of all citizens.
Bibliotheca Universalis is one of these eleven G-7 projects. The 7 founding partners of the project are : BibliothÈque nationale de France and MinistÈre de la Culture et de la Communication (France, pilot), National Diet Library (Japan, pilot), The Library of Congress (United States), The National Library of Canada (Canada), Discoteca di Stato (Italy), Die Deutsche Bibliothek (Germany), The British Library (UK).
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Our gathering here over the past three days surely raised the bar in terms of expectations arising from our people but more importantly the stock value of EPWP as a brand to unprecedented levels. >It is equally imperative for me to highlight to all present the outcomes of this summit as it further endorses our government s central performance system approach that places outcomes as both a centrifugal and centripetal element of performance.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=14316&tid=23834 Size: 8KB Speaker: G Doidge Collection: speeches_cm?
The Minister of Public Works, Hon Geoff Doidge, MP, cordially invites you to the Expanded Public Works Programme (EPWP) Summit to be held with all (283) municipalities at the iNkosi Albert Luthuli International Convention Centre in Durban, KwaZulu-Natal from Wednesday,13 to Friday,15 October 2010.
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Issues covered in this inaugural edition include the question of land reform in South Africa as a right-based matter, the relationship between national security and human rights and how it can enhance human rights culture, the incorporation of the Scorpions into the South African Police Service(SAPS) and its impact on human rights, the relationship between this country's constitution and international human rights norms; the relationship between human rights, democracy, human rights education and how it contributes to the reduction of prejudice, the creation of better relations and an appreciation of multiculturalism.
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Press briefing on State Information Technology Agency's Management Public Service and Administration Minister, Ms Geraldine Fraser-Moleketi invites members of the press to a briefing lunch on the resignation of the State Information Technology Agency (SITA) Chief Executive Officer, Mr Llewellyn Jones, and recent re-appointments and new appointments of SITA board members.
Pretoria: South African Minister for Public Service and Administration, Geraldine Fraser-Moleketi, will on Wednesday, 6 August 2008, lead a South African Ministerial delegation to Kinshasa for the Ministerial Review Session of the South Africa'DRC Binational Commission scheduled from Wednesday, 6 August 2008 to Thursday, 7 August 2008.
URL: http://www.info.gov.za/speeches/2008/08080609451001.
URL: http://www.info.gov.za/speeches/2008/08073116451004.
Minister for the Public Service and Administration, Ms Geraldine Fraser-Moleketi, as part of the State Information Technology Agency's (SITA) Corporate Social Investment programme will offer a comprehensive e-government solution to two KwaZulu-Natal schools through launching computer centres at the schools. The identified schools are Albini High School and Buhlebemfundo Secondary School in the Pinetown Magisterial District.
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The ceremony will take place at the Frelimo School Hall in Matola.
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Once again my Ministry brings before Parliament pieces of legislation which are part of our agenda for genuine and fundamental transformation of the education system in this country. Today I will briefly deal with two of these Bills,(The Higher Education Bill and the Education Laws Amendment Bill) and also make some remarks about another important policy development, the report on Further Education and Training.
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Beautification of the City of Cape Town in line with the undertakings made in the host city agreement. Involvement of communities, NGO's and business in tree planting as part of landscaping and beautification improvements ahead of 2010.
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URL: http://www.info.gov.za/speeches/2007/07061516151001.
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International consulting firm Deloitte & Touche has been appointed technical consultants to the Department of Communications, to advise on the drafting of an Invitation to tender for two new national mobile cellular licences, says Jay Naidoo, Minister for Posts, Telecommunications and Broadcasting.
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Two areas were selected for detailed discussion at the Cabinet Lekgotla: the restructuring of the public service and community development workers. Community development workers are an additional type of a public servant (different to the mainline public servant or local government official) who will be a skilled facilitator; filling the gap between government services and the people.
These are the Comprehensive Social Security, Food Security and Nutrition as well as the general direction of the Integrated Sustainable Rural Development and Urban Renewal Programmes. Cabinet noted that the Joint Health/Treasury Task Team Report on an enhanced AIDS related treatment programme will be presented to Cabinet soon for substantive discussion on this matter.
URL: http://www.info.gov.za/speeches/2003/03073115461002.
URL: http://www.info.gov.za/speeches/2003/03073112461001.
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The theme: for this year s commemoration of National Women s Day and Month is: Working together for equal opportunities and progress for all women . These strategies have led to implementation of income support programmes like women in housing, women in mining and energy, women in subsistence farming and other programmes for development of rural women.
The President of Cosatu, Mr S dumo Dlamini and the Minister for Women, Children and Persons with Disabilities Ms Noluthando Mayende-Sibiya will put on their uniform and perform nursing duties at Prince Mshiyeni Hospital in Umlazi south of Durban to mark the Mandela Day on Sunday, 18 July.
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URL: http://www.info.gov.za/speeches/2005/05030308151007.
South African Deputy President Jacob Zuma will host his Turkish counterpart, Prime Minister Recep Tayyip Erdogan on an official visit in South Africa from Wednesday to Saturday, 2 - 5 March 2005. The South African delegation will include, among others, Ministers Jeff Radebe, Mosiuoa Lekota, Phumzile Mlambo-Ngcuka, Mandisi Mpahlwa, Deputy Foreign Minister Aziz Pahad and South Africa's representative to Turkey, Ambassador Mngqikana.
Let me express my appreciation in welcoming the Prime Minister of Turkey, Recep Tayyip Erdogan, who has come to South Africa at my invitation. Question: Prime Minister Erdogan, we understand that when the Deputy President visited Turkey in 2003 an agreement was reached with regard to the peaceful use of nuclear energy. Answer: (Deputy President Zuma) I have been fully briefed by Prime Minister Erdogan on this matter.
URL: http://www.info.gov.za/speeches/2005/05030716451001.
Media advisory: Deputy President Jacob Zuma to address Civil Society Engagement Conference Deputy President Jacob Zuma will tomorrow, 12 March 2005, give an opening address at the Civil Society Engagement Conference, organised by the National Heritage Council to deliberate on the role of the civil society in directing the heritage sector, and start preparations for the World Heritage Committee meeting to be held in South Africa in July.
Let me begin by thanking the Pan-South African Language Board for organising the celebration of this year's UNESCO International Mother Language Day. Given the legacy of apartheid and its use of language and culture as instruments of power, only two of the 11 official languages are fully developed and enjoy precedence over other languages.
URL: http://www.info.gov.za/speeches/2005/05022308451002.
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URL: http://www.info.gov.za/speeches/2008/08102115151006.
URL: http://www.info.gov.za/speeches/2008/08110509151001.
URL: http://www.info.gov.za/speeches/2008/08112810151006.
A National Interfaith Prayer Day will be held on 21 March 2009, Human Rights Day, in Bloemfontein. Various leaders from government, civil society, community organisations, as well as church leaders will lead the service to commemorate the meaning of Human Rights Day and to celebrate the political, religious and cultural diversity of our country.
URL: http://www.info.gov.za/speeches/2009/09031810151002.
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The South African Law Reform Commission (SALRC) hereby releases its Discussion Paper 121 on Project 25: Statutory law revision in respect of legislation administered by the Department of Public Works (DPW), for general information and comment.
The discussion paper sets out the SALRC's preliminary recommendations for law reform regarding statutes administered by the DPW.
The SALRC has identified 57 statutes that are administered by DPW.
ï· the provisions of the nine statutes set out in Schedule 2 of the proposed Bill, be amended to the extent set out in the forth column of that Schedule, for the reasons set out in Chapter 2 of the discussion paper.
On 14 August 2010 the SALRC considered and approved the publication of Discussion Paper 121, subject to comments received from the DPW. The SALRC invites comments and suggestions on Discussion Paper 121.
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The South African Law Reform Commission (SALRC) hereby releases its Discussion Paper 123 on Project 25: Statutory law revision in respect of legislation administered by the Department of Defence for general information and comment. The discussion paper sets out the SALRC's preliminary recommendations for law reform regarding statutes administered by the Department of Defence.
In January 2003 Cabinet approved that the Minister of Justice and Constitutional Development co-ordinates and mandates the South African Law Reform Commission (SALRC) to review provisions in the legislative framework that may result in discrimination as defined by section 9 of the Constitution. This section prohibits unfair discrimination based on race, gender, sex, pregnancy, marital status, ethnic and social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. In 2004 the SALRC included in its law reform programme an investigation into the revision of the statute book to identify provisions that are redundant, obsolete or which infringe the equality provisions of the Constitution. The focus of the statutory law revision project at present is constitutionality of legislation in view of section 9 of the Constitution, and repeal of redundant and obsolete provisions. The methodology adopted in this investigation is to review the statute book by Department - the SALRC identifies a Department, reviews the national legislation administered by that Department for constitutionality and redundancy, sets out the preliminary findings and proposals in a consultation paper and consults with that Department to verify the SALRC's preliminary findings and proposals. The next step that the SALRC undertakes is the development of a discussion paper in respect of the legislation of each Department, and upon its approval by the SALRC, it is published for general information and comment. Finally, the SALRC develops a report in respect of each Department that reflects the comment on the discussion paper and contains a draft Bill proposing amending legislation.
The provisions of Acts set out in Schedule 3 of the proposed Bill, found in the same Annexure referred to above, be amended for the reasons set out in Chapter 2 of the discussion paper.
On 14 May 2011 the SALRC considered and approved the publication of Discussion Paper 123. The SALRC invites comments and suggestions on Discussion Paper 123.
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The South African Law Reform Commission (SALRC) was established by the South African Law Reform Commission Act 19 of 1973. It is an advisory body whose aim is the renewal and improvement of the law of South Africa on a continuous basis.
The SALRC has been mandated with the task of revising all legislation administered by national Government Departments with a view to identifying and recommending for repeal or amendment legislation or provisions in legislation that are inconsistent with the right to equality in the 1996 Constitution, particularly the equality clause thereof, and those that are redundant or obsolete. As part of this investigation, the SALRC hereby releases its Discussion Paper 125 on Project 25: Statutory law revision in respect of legislation administered by the Department of Basic Education for general information and comment. The purpose of the discussion paper is to elicit comments on the SALRC's preliminary findings and recommendations concerning the constitutionality, redundancy and obsolescence of legislation administered by the Department of Basic Education.
The methodology adopted in this investigation is to review the statute book by Department - the SALRC identifies a Department, reviews the national legislation administered by that Department for constitutionality and redundancy, sets out the preliminary findings and proposals in a consultation paper and consults with that Department to verify the SALRC's preliminary findings and proposals. The next step that the SALRC undertakes is the development of a discussion paper in respect of the legislation of each Department, and upon its approval by the SALRC, it is published for general information and comment. Finally, the SALRC develops a report in respect of each Department and includes in the report a draft Bill proposing amendment or repeal of legislation.
The SALRC has reviewed 19 statutes that are administered by the Department of Basic Education and 38 statutes that were assigned to the Provincial Departments of Education. The SALRC proposes that the Acts listed in the Schedule to the proposed Basic Education General Laws Amendment and Repeal Bill, contained in Annexure A of Discussion Paper 125, be repealed to the extent set out in the fourth column of that Schedule, for the reasons set out in Chapter 2 of Discussion Paper 125.
The SALRC invites comments on Discussion Paper 125.
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We have to have a common understanding of what we mean by Human Rights and for that we look towards the Universal Declaration of Human Rights and how it defines Human Rights.
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INTRODUCTION 1 1.1 BACKGROUND TO THE GENERAL HOUSEHOLD SURVEY 1 1.2 DATA REVISIONS 2 1.3 CAUTION ON METHOD AND POPULATION DATA 2 2. ATTENDANCE AT EDUCATION INSTITUTIONS 2 2.1 EARLY CHILDHOOD DEVELOPMENT 2 2.2 ATTENDANCE OF 0 TO 4 YEAR OLD CHILDREN AT EDUCATION INSTITUTIONS 2 2.3 PARTICIPATION OF 5 YEAR OLDS IN EDUCATION 4 2.4 ATTENDANCE OF 6 YEAR OLD CHILDREN AT EDUCATION INSTITUTIONS 6 2.5 PARTICIPATION IN EDUCATION BY AGE GROUPS 7 2.5.1 Participation of 7 to 15 year old children in education 7 2.5.2 Gender parity in education access for 7 to 15 year old children 8 2.5.3 Attendance at education institutions by 16 to 18 year olds 8 3. DISTRIBUTION OF LEARNERS IN PUBLIC AND INDEPENDENT SCHOOLS 10 4. OUT OF SCHOOL (OOS) CHILDREN 11 5. YOUTH NOT ATTENDING EDUCATION INSTITUTIONS 12 6. REASONS FOR NON-ATTENDANCE AT EDUCATION INSTITUTIONS 13 7. PROBLEMS EXPERIENCED AT SCHOOLS 15 8. MEANS OF TRANSPORT 16 9. SCHOOL VIOLENCE 17 10. LEARNER PREGNANCY 18 11. TUITION FEES 19 12. SCHOOL NUTRITION PROGRAMME (SCHOOL FEEDING SCHEME) 21 13. LEARNER ABSENTEEISM 22 14. PERCENTAGE OF REPEATERS 24 15. DISABILITY 25 15.1 CHILDREN IN SCHOOLS THAT HAVE A DISABILITY: 2002-2009 25 15.2 PERCENTAGE OF 7 TO 15 YEAR OLD CHILDREN WITH A DISABILITY, WHO ATTEND EDUCATIONAL INSTITUTIONS 25 15.
This report presents key findings on school-associated matters as obtained from the General Household Survey (GHS) which is conducted annually by Statistics South Africa. The report covers the period 2002-2009.
The report examines, among others, attendance at education institutions as well as levels of education attainment in the population. The report has been developed for use by government departments, researchers and the public in general. It is hoped that the report will be utilised as one of many information sources for planning, reporting, accountability and decision-making, as well as provide a platform for further research.
The General Household Survey is conducted by Statistics South Africa (Stats SA) in approximately 30 000 households. It has been undertaken annually since 2002. The survey is designed to obtain information on the availability of goods and services in South African households. It covers six broad areas, namely: education, health, work and unemployment, transport, housing and access to other services and facilities.
The survey targets all independent households as well as residents in workers' hostels in all nine provinces of South Africa. It does not, however, include other collective living quarters such as students hostels, old-age homes, hospitals, prisons and military barracks. It is therefore representative of non-institutional and non-military persons or households in South Africa.
The survey requests information from an adult in each household, in most instances the "household head", through a personal structured interview. Household members are interviewed in their home language or their language of choice, by trained fieldworkers. The data obtained from the survey is weighted to population size. The information and analysis provided in this report is therefore based on weighted data.
This report disaggregates key GHS data by population group ("race"). The GHS utilises pre-1994 categories to identify population groups, with the aim of assessing equity and redress by tracking changes in the conditions of households. The survey asks household members to self-identify race, in order to monitor changes in living standards among population groups.
Following the release of the 2009 GHS data, Stats SA reweighted the GHS survey data as of 2002 to-date.
(info@statssa.gov.za) or its telephonic user information service (012 310 8660/4892/8390).
The sample size of the GHS permits for data to be disaggregated to provincial level only; hence GHS data cannot be disaggregated to district level.
It is also not always possible to obtain accurate data based on too many disaggregations. For instance, data that is disaggregated by more than two variables may not be very accurate.
It is important for the reader to bear in mind that much of the information obtained for the GHS is self-reported (albeit mediated by an interviewer); this report and the data therein should therefore be interpreted within this context.
This section examines the extent and patterns of attendance of household members at education institutions. The GHS defines an education institution as a school, university, college, crèche, pre-school, nursery school, ABET centre or similar such institutions, whether public or independent. It interprets "attendance at education institutions" as enrolment in an education programme that is at least six months long. The survey asks the question: Is attending an education institution?
This sub-section examines the extent to which 0 to 4 year old children have access to pre-school education and care. The GHS asks the household Head to indicate whether any household member who is 0-4 years old, is attending any of the following kinds of institutions: a day care centre, crèche, early childhood development (ECD) Centre, play group, nursery school or a pre-primary school.
Figure 1 shows the percentage of children aged 0 to 4 years old, attending education institutions over the 2002-2009 period.
Access to ECD programmes by 0 to 4 year old children increased significantly from 7% in 2002 to 30% in 2009. Although these figures do not provide any indication about the quality of care or education received by these children, they are indicative, in a simple way, of both increased supply and demand. For instance, it can be inferred from Figure 1 that the capacity of the country to provide care/education for 0-4 year old children has increased significantly since 2002, and similarly, that demand for these services by the community has also increased substantially.
Figure 1 also indicates an unusually high increase of almost 15% in the proportion of 5-year-olds in the country attending an educational institution between 2008 and 2009. Since government had committed earlier to ensuring that all children aged 5 are attending educational institutions by 2010, the significant increase between 2008 and 2009 may be attributed to the intervention aimed at realising this commitment.
Table 1 shows the attendance at education institutions of 0-4 year old boys and girls. It shows that, by 2009, 0-4 year old girls and boys participated equally in education programmes.
Table 2 shows the percentage of 0 to 4 year old children attending education institutions, by province. In 2009, Gauteng and the Free State provinces had the highest percentage of 0 to 4 year old children accessing formal ECD programmes, at 44% and 37% respectively. The Northern Cape and North-West provinces had the lowest participation of 0 to 4 year olds participating in formal ECD programmes, at 19% and 22% respectively. In general though, significant increases in the participation of 0 to 4 year old children in formal ECD programmes are evident across all provinces over the 2002-2009 period.
The policy priority on Early Childhood Education (ECD) addressed in White Paper 5 (DoE, 2001a) is the establishment of a national system of provision of the Reception Year for children aged 5 years that combines a large public and smaller independent component. The amendment to the regulations specifying entry age for schooling referred to above means that the theoretical entry age for Grade 1 can be 5, 6 or 7. Because the cut-off date for intake into school is exactly in the middle of the year, half the children enrolling in Grade 1 for the first time should be turning 6 during the year and half of them should be turning 7. Therefore it is important to measure the participation rate of 5 and 6 year olds in educational institutions.
In 2009, close to 80% of 5 year old children attended an education institution. The percentage of 5 year olds attending education institutions actually doubled from 39% in 2002 to 78% in 2009 as depicted in Figure 2. This expansion was facilitated by substantial increases in budget and the.
In 2009, close to 80% of 5 year old children attended an education institution. The percentage of 5 year olds attending education institutions actually doubled from 39% in 2002 to 78% in 2009 as depicted in Figure 2.
Table 4 shows the percentage of 5 year old children accessing education institutions, by province, between 2002 and 2009. It reveals that Limpopo province had the highest proportion of 5 year old children accessing education institutions in 2009, at 93%, while North-West province had the lowest percentage of 5 years old attending education institutions, at 69% in 2009. However, the trend in increased participation in education programmes among 5 year old children is evident across all provinces.
Table 5 shows the percentage of 5 year olds attending educational institutions by gender. It indicates that significantly more five year old females as compared to five year old males attended education institutions in 2009.
Table 6 shows the percentage of 6 year old children attending educations institutions between 2002 and 2009 by province.
Access of six year olds to education institutions has increased remarkably between 2002 and 2009. This is evident across all provinces.
In 2009, 95% of 6 year old children in South Africa attended education institutions. This figure represents a massive increase since 2002, when only 69% of six year old children in South Africa attended education institutions. In 2009, Northern Cape had the lowest participation of 6 year old children in education (at 83%), while Limpopo had the highest (at 99%).
The massive expansion in the provisioning of Grade R in schools and the introduction of a regulation in 2004 that allowed children to enrol in Grade 1 if they were 5 turning 6 by 30 June in the year of admission, has resulted in a substantial improvement in access to education for 5-year and 6-year olds.
In terms of the South African Schools Act (1996), all children aged 7 to 15 are of compulsory school-going age (unless they have completed Grade 9). The GHS findings indicate that in 2009, 98% of 7 to 15 year old children in the country attended an education institution.
Table 7 shows that in 2009, the high levels of participation in education by 7 to 15 year olds are consistent across all provinces.
Since 2002, the percentage of 7 to 15 year old children in South Africa attending education institutions remained steady at above 96%, with an increase of 2% between 2002 and 2009.
Table 8 shows the percentage of 7 to 15 year old children attending education institutions, by gender. In general, attendance of both boys and girls in this age group has been almost equal over the 2002-2009 period.
Table 9 demonstrates the percentage of 7 to 15 year old children attending education institutions by population group. The survey found that in 2009, the attendance of 7-15 year old African and Coloured children at education institutions (although high at 98%) was slightly lower in comparison to White and Indian children. However, as Table 7 shows, there has been an encouraging increase in the participation of 7-15 year old African and Coloured children in education over the 2002-2009 period, by about 2%, respectively.
Table 10 indicates that equity in education access has been achieved between male and female children aged 7-15 years old. Between 2002 and 2009 there is approximately equal participation in education for both sexes.
The 16 to 18 year old age group corresponds to the post-compulsory stage of schooling. It also corresponds to the age norm for Grades 10, 11 and 12 for the school system as well as equivalent programmes at Further and Education Training (FET) Colleges. The 2009 Medium Term Strategic Framework (MTSF) Expenditure Framework (RSA, 2009) commits government to improve the retention of learners up to Grade 12. It is therefore useful to assess the extent to which children in this age group attend education institutions.
Table 11 shows the participation of 16 to 18 old children in education, by province, over the 2002-2009 period. Nationally, at least 83% of children in this age group attended education institutions in 2009. However, participation in education programmes has remained static in the 16 - 18 year old age group, over the past eight years.
Limpopo had the highest percentage of children aged 16 to 18 attending education institutions, at 92% in 2009. Of interest is that Northern Cape and Western Cape provinces recorded the lowest participation levels, at 73% and 74% respectively in 2009.
1 A GPI equal to 1 indicates parity between females and males. In general, a value less than 1 indicates disparity in favour of boys/men and a value greater than 1 indicates disparity in favour of girls/women.
Table 12 shows that a slightly higher proportion of 16 to 18 year old males (84%) as compared to the same aged females (83%) attended education institutions in 2009. However the gap in attendance at education institutions between 16 - 18 year old boys and girls has decreased significantly over the years between 2002 and 2009. A major factor contributing to a higher proportion of males being in the system is that males tend to repeat more than females, resulting in males remaining longer in the education system (DBE: 2010).
Table 13 shows the attendance of 16 to 18 year old children at education institutions, by population group, between 2002 and 2009.
It reveals that, in 2009, while the participation of African and White 16-18 year olds in education were similar (at 85% and 87% respectively), that of Coloured children in this age group was fairly low, at 68%.
Table 13 shows relatively low levels of participation in education among 16-18 year old Indian children (80%), but given what is known from other research, it is very probable that this low figure is due to the relatively small sample size of the survey.
Like any other country South Africa, is comprised of educational institutions that are both publicly as well as independently owned.
Figure 3 shows the enrolment of children by school sector. As evident from the graph, a high proportion of learners are enrolled in public or government schools (93%), whilst 7% of learners are enrolled in independent or independent schools. However, data obtained from Department's Snap Survey in Ordinary Schools (DBE, 2009) shows that only 3% of learners attending schools are in independent schools. The fairly large discrepancy between the findings of the GHS and the Department's SNAP Survey could be attributed to two possible factors, namely, that many independent schools are not registered with provincial education departments as is required by the law, or that the number of learners attending independent schools are too small to be correctly obtained via the GHS given the sample size of the GHS.
Table 14 indicates that Gauteng province has the highest percentage of its learners enrolled in independent schools at 22%. Northern Cape has the lowest enrolment rate of its learners in independent schools at 2%.
"Out of school children" refers to children in the official school age range who are not enrolled in either primary or secondary schools (UIS, 2009). The purpose of measuring out of school children is to identify the size of the population of the official primary school age range who should be targeted for policies and efforts in achieving universal primary and secondary education. This indicator is calculated by subtracting the number of school-age learners attending school from the total population of the official school age range.
Table 15 below shows the percentage of 7 to 15 year old children who were out of school over the 2002 to 2009 period, by gender.
In 2009, about 1.5% of 7 to 15 year old children in the country were out of school. A slightly higher proportion of 7-15 year old males, as opposed to females, were out of school.
Nationally the percentage of out of children of the compulsory school age group, has decreased from 4% in 2002 to 2% in 2009.
Table 16 shows the percentage of out of school children by population group, from 2002 to 2009.
In 2009, more Coloured and Black African children aged 7 to 15 were out of school (2% respectively), as compared to White and Indian children.
However, an encouraging sign is that a lower proportion of 7-15 year old African and Coloured children were out of school in 2009, as compared to 2002, when the figure stood at about 4% for both population groups.
Tables 17 and 18 show the percentage of youth aged 16 to 18 who were not attending education institutions, by gender and population group over the 2002 to 2009 period.
Nationally, more females than males in the 16-18 year age group were not attending education institutions in 2009. However, it is encouraging to note that the proportion of 16 to 18 year old female youth not attending education institution decreased from 18% in 2002 to 17% in 2009.
One has to be cautious though, when interpreting these figures. It would be simplistic to assume from these figures that education access is higher amongst males than females. As indicated in this report (see Table 22), as well as in the Department's (DoE, 2009), repetition is generally higher among males than females, particularly in the lower grades, resulting in higher proportions of 16 to 18 year old males remaining in school, as compared to females who leave school at an earlier age.
Table 18 shows the proportion of children aged 16 to 18 years who are out of school by population group. There are considerable disparities in the proportion of out of school 16 to 18year old children, across population groups.
It reveals that a higher proportion of Coloured children aged 16 to 18 year olds are not attending education institution (at 32% in 2009), as compared to that in other population groups. The proportion of Indian/Asian youth not attending education institutions is 20% in 2009. However there is fluctuation of proportion of Indian/Asian since 2002. This could be the result of sample size.
Of interest to note is the significant increase in the percentage of White children aged 16 to 18 not attending education institution, since 2002 there has been an increase from 8% in 2002 to 13% in 2009. Given the importance of this observation, it is evident that it requires further investigation, both in terms of data verification, as well as to probe the locality and reasons for this phenomenon.
While the proportion of 16-18 year olds White children not attending education institution has increased over the 2002 to 2009 period, the reverse is the case for African/Black children. While 17% of African children in the 16-18 year old age group were not attending education institutions in 2002, 15% of children in this category were not attending education institutions in 2009.
The GHS asks respondents to indicate the main reason why a household member who is 5 years and older, is not attending an education institution.
Table 19 selects responses in relation to persons who are of school-going age, namely, those who are 7 to 18 years old.
In 2009, other significant reasons for 7 to 18 year olds not attending an education institution include unable to perform at school (7%) "pregnancy" (6%), working at home/job (6%) and "illness", at 5%.
Figure 4 below summarises the range of reasons given by children aged 7 to 18 that were not an attending education institution in 2009.
Although "no money for fees" remained the dominant reason why 7 to 18 year old children were not attending an attending institution in 2009, this explanation has been in decline since 2002. While 39% of persons in this category identified "no money for fees" as a reason for not attending an education institution in 2002 (see Table 19), 28% did so in 2009.
Given the introduction of no-fee schools in the country since 2007, it is surprising that a high proportion of 7 to 18 year olds continue to point to "no money for fees" as the reason for not attending an education institution. It is highly probable though, that many of these children, especially those who are older than 15 years, do not wish to attend school, but rather an FET or any other College, or even University (if they have already completed Grade 12). Alternatively, these results could be reflecting delays in the implementation of the no-fee policy in Quintile 3 schools.
Family commitment (child minding, etc.
The General Household Survey asks the household head if a person in the household attending an education institution, experienced any problems at the institution over the last six months. The question lists nine options and the respondent was expected to select one or more of the options provided.
In 2009 (according to household heads), 75% of children attending schools indicated that they did not experience any problems at the school they attended.
Overall the reported problems experienced by children at schools have decreased significantly over the 2002 to 2009 period - from 64.7% to 25%.
In 2009, of the school-going children who did indicate that they experienced a problem, the majority (6%) indicated lack of books as being a problem, while 4% indicated "fees too high" and "facilities in bad condition", respectively as being problems.
Figure 5 highlights problems experienced at schools in 2009, while Table 20 summarises problems experienced in schools from 2002 to 2009.
Although lack of books is a significant problem experienced by learners over the years, there is a considerable decrease in the percentage of learners experiencing this problem. The proportion of children claiming "lack of books" as a problem declined massively, from 21% in 2002, to 6% in 2009. Similarly, while 18% of respondents indicated that "fees too high" was a problem in 2002, only 4% indicated fees as a problem in 2009.
For many learners, especially in rural South Africa, access to education is hampered in part by the long distances that learners have to travel between home and school.
Figure 6 shows that of all the learners that are attending schools, 77% walk to school, 7% use their own or private transport, 6% uses taxis or minibuses, 4% use vehicles hired by parents, 3% uses a bus, at least 2% uses the transport that is not paid or provided by an institution or government and the remaining 1% use trains, bicycles and motorcycle.
The GHS asks respondents about the time taken by learners to travel to the school they attend. The findings in Figure 7 indicate that 81% of learners take less than 30 minutes to commute to school. This shows that, in general, high proportion of learners do not have difficulties to access their schools. However, the 19% of learners that are still taking more than 30 minutes to travel to school is a cause of concern.
Figure 8 summarises the prevalence of violence experienced by children at school during January and June 2009. The GHS defines violence to include categories such as corporal punishment or verbal abuse at schools.
In 2009, 19% of children indicated that they experienced some form of violence at schools. KwaZulu-Natal province has the highest percentage of children who experienced violence at schools in 2009 (at 27%), followed by Eastern Cape and Free State provinces at 26% and 24% respectively. The low level of violence experienced by children in Western Cape schools (at 6% in 2009) is surprising, given frequent media reports of incidents of school-gang related violence. It is important that this matter be investigated further.
Pregnancy remains a major barrier to girls attending education institutions.
The GHS asks respondents whether a person in the household has fallen pregnant in the previous twelve months. Since the survey was conducted in July 2009, the pregnancy figures refer to learners who fell pregnant between July 2008 and July 2009.
According to household heads, 71 364 learners attending schools fell pregnant between July 2008 and July 2009.
Figure 9 shows the prevalence of learner pregnancy by province over this period. The findings indicate that a high proportion of learners who fell pregnant during July 2008 and July 2009, are in KwaZulu-Natal, at approximately 17 000 learners. This figure is followed by Limpopo at over 14 000.
The GHS also asks the status of the pregnancy of the respondents. Figure 10 sums the prevalence of leaner pregnancy and status of learner pregnancy in 2008 and 2009. Of the 71 364 learners who indicated that they fell pregnant in the previous 12 months whilst attending schools, a child was born to 50 273 learners, 14 523 were still pregnant, 3 294 babies died during birth and a further 3 274 learners had terminated the pregnancy.
Figure 11 shows the percentage of children aged 7 to 18 years by tuition fees status.
In 2009, 48% of children attending schools indicated that they did not pay school fees. In terms of the policy of the Department of Basic Education, this figure should have been over 60% of learners. The reasons for this shortfall are twofold: firstly, that the revised no-fee school policy may not have been implemented in some schools at the time the survey was undertaken; secondly, that respondents could have paid monies to schools for reasons other than school fees, but reported this as payment for school fees. If we combine the proportion of learners who do not pay any school fees and those that pay fees of between R1 and R100 (those that would have been included in the amended policy), we obtain a figure of 64%, which makes it closer to the norm.
In 2009, the majority of fee-paying learners paid annual fees of less than R300 (32%), while a very low proportion of children (0.6%) paid fees of more than R20 000 per annum. It is also worthwhile pointing out that approximately 2% of children paid annual fees of between R8 001 to R20 000, in 2009.
In 2009, the follow-up question in the GHS checked the reasons for none payment of school fees. Figure 12 shows the reasons why children did not pay school fees. Of the all learners who indicated that they did not pay schools fees in 2009 (see Figure 12), 94% of them indicated that they did not pay because their school was a no-fee school policy, 3% of learners indicated that they could not afford to pay fees schools, while another 3% indicated that they obtained a fee exemption.
Table 21 shows the trend in annual tuition fees trend between 2002 and 2009. The trend confirms the impact of the no-fee school policy. The proportion of children who paid fees of between R1 to R100 decreased from 58% in 2002 to 16% in 2009, probably because they were enrolled in no-fee schools.
For other categories, the annual tuition fees did not reveal a consistent trend over the years, probably because of low sample sizes in these categories, but the figures have remained within a 2% margin over the years.
Paid more than R 12000 58.1 22.2 3.5 3.9 2.7 2.2 1.5 1.3 56.1 24.2 3.3 3.6 2.8 2.2 3.2 1.2 1.2 54.6 25.6 3.9 3.2 2.6 2.2 3.2 1.5 1.7 50.7 26.6 4.6 3.3 2.9 2.3 3.8 1.8 48.8 27.1 4.9 3.5 2.5 2.3 3.4 1.8 2.1 33.8 24.3 4.7 3.6 2.5 2.3 3.5 1.9 2.5 23.3 21.5 3.6 2.8 2.3 4.1 2.4 3.5 15.9 19.0 4.1 2.7 1.7 2.0 3.7 1.4 1.
The GHS asks household heads about children attending schools: Does get free food at school as part of the school feeding scheme/Government nutrition program If yes, specify how regularly food is given?
Figure 13 shows the percentage of children in the country attending schools who benefit from the government's national school nutrition programme. Overall, 58% of children attending schools indicated that they benefitted from the school nutrition programme in 2009. This percentage is almost in-line with the Department's figures which record that over 60% of learners benefited from the school feeding scheme in 2009. The 2% shortfall reflected in the GHS could reflect ignorance on the part of household heads who respond to the GHS on behalf of the children. Further, it could be that during the time of the survey, the school feeding programme in some schools had not yet been implemented. The percentage of respondents who not know and unspecified is negligible.
In 2009, 7.4% of learners were reported as being been absent from school in the previous week.
As Figure 14 reveals, gender does not appear to be a factor influencing the extent of absenteeism among learners.
Of those learners who indicated they had been absent in the previous week, 47% had been absent for one day only (see Figure 15). This was followed by learners who were absent for 2 days. It is of concern though, that 12% of learners had been absent from school for a full school week, in the week before the survey was conducted.
The GHS provides a number of reasons why learners had been absent from school. These include: illness, the need to care for someone at home, money for transport, weather, household chores, safety, writing exams and unwillingness to go to school.
In 2009, 70% learners were absent from school in the previous week due to "illness" while 10% of learners were absent because they "did not want to go to school". The latter reason is of interest as it is suggestive of deeper issues related to either the school system or socio-emotional issues affecting learners. In this regard, it is probably worthwhile for this phenomenon to be investigated further. Other reasons for being absent included bad weather (5%), writing exams (4%), doing household chores (3%), lack of transport and lack of money for transport (4%), taking care of some else at home (2%), did not feel safe at school (1%) and less than a percentage of learners were absent from school because they had been working.
For the first time in 2009, the GHS included questions about the grade a school-going learner was in, and whether the learner was repeating the same grade he/she had been in, in the previous year.
The percentage of repeaters is a measure of the rate at which pupils from a cohort repeat a grade, and its effect on the internal efficiency of educational systems. It is one of the key indicators for analysing and projecting pupil flows from grade to grade within the educational cycle.
The percentage of repeaters is calculated by dividing the number of pupils (or students) repeating a given grade in a given school-year by the number of pupils or students enrolled in the same grade in the same school-year and multiply by 100 (UIS, 2009).
Table 22 shows the percentage of repeaters by grade. It reveals that repetition is highest in Grade 9, 10 and 11, in comparison to other grades. The relatively low percentage of repeaters in Grade 12 reflects only repeaters enrolled in schools and does not include learners enrolled in Adult Basic Education and Training Centres or Further and Education and Training Colleges, to prepare for their Grade 12 examinations.
The percentage of repeaters in Grade 1 is high. This could be explained by the enrolment of many under-age learners in schools, particularly in schools where the lack of Grade R classes may result in under-age learners registered into Grade 1. Additionally, in some areas, children register early in Grade 1 to access free meals provided by schools in terms of the school nutrition programme.
Table 22 also indicates that male learners tend to repeat more than female learners. This phenomenon is evident in all grades, with the exception of Grades 11 and 12.
Grade 1 8.2 6.1 7.
Grade 2 8.3 6.5 7.
Grade 3 10.4 4.3 7.
Grade 4 8.7 5.3 7.
Grade 5 9.0 4.6 6.
Grade 6 7.7 5.7 6.
Grade 7 5.7 4.4 5.
Grade 8 10.4 6.4 8.
Grade 9 12.3 9.0 10.
Grade 10 18.7 15.7 17.
Grade 11 15.9 16.5 16.
The Department's White Paper 6 (DoE, 2001) outlines government's commitment to the provision of education opportunities to learners who experience or have experienced barriers to learning and development.
The General Household Survey defines disability as a "physical or mental handicap which has lasted for six months or more which prevents the person from carrying out daily activities independently, or from participating fully in educational, economic or social activities".
Figure 17 below illustrates the proportion of children enrolled in schools that have a disability, over the period 2002 to 2009.
In 2009, approximately 4% of all children attending school, had a disability. However the trend of school attendance by children with disabilities between 2002 and 2009 is irregular. The absence of an observable pattern could be attributed to the small number of learners in this category that were sampled in the survey.
Figure 18 below indicates the percentage of 7 to 15-year-olds, with a disability, attending education institutions. In 2009, approximately 90% of 7 to 15-year-old children who suffered from a disability, attended education institutions. While this figure is a positive indication of inclusiveness in schooling, it also means that 10% of 7 to 15 year-old children who have a disability, do not attend school. Clearly this is the group of children who should be targeted for support to ensure that their right to basic education is realised.
Figure 18 below indicates that the overall trend of school attendance by children in this category has not been consistent since 2002. This could be due to the statistical effect of the small sample of persons in this category. Nonetheless, the overall trend does show that a higher proportion of 7 to 15 year old children who suffer from a disability attended school in 2009 (90%), compared to that in 2002 (73%).
Figure 19 below indicates the participation of 16 to 18 year-olds, who suffer from a disability, who attend an educational institution. In 2009, only 53% of 16-to-18-year-olds who suffer from a disability attended an educational institution. This implies that a significant proportion of 16 to 18 year old children who suffer from a disability (47%), are not participating in any form of education. The trend of attendance in this category of children over the years has not been consistent since 2002. As is the case in relation to Figure 18, this inconsistency could be due to sample error. This somewhat erratic trend suggests that the sample size of this category of children may be too small to arrive at clear conclusions about trends in this phenomenon.
Nonetheless, the overall figures do suggest that a considerable proportion of children, aged 16 to 18, who suffer from a disability, do not attend an education institution.
For the purpose of this report, an orphan is defined as a child who has lost both parents.
Figure 20 below indicates the percentage of children, attending school, whose parents are no longer alive. In 2009, 6% of children attending school were orphans. This figure represents a substantial increase since 2002, when about 3% of children attending schools were orphans.
This increase could be attributed to a number of reasons, including: changes in the way households report on this phenomenon; an increase in the extent of maternal and paternal deaths, and improved opportunities for orphans to attend school, owing to the no-fee schools policy.
The high proportion of orphans in the schooling system is of major concern. This phenomenon calls for greater social support for such learners, both in the home, as well as at school. Departments of education at both national and provincial level need to therefore strengthen existing interventions aimed at supporting vulnerable children.
Figure 21 shows the percentage of school-going children aged 7 to 15 years, who receive a social grant2. It indicates that more than half of 7 - 15 old children attending school are social grant beneficiaries.
The highest proportion of social grant beneficiaries can be found in the Eastern Cape and Northern Cape provinces, while the lowest proportion are found in Western Cape and Gauteng.
Figure 21 also indicates that less than 1% of 7-15 year old children who receive social grants, do not attend school.
2 Social Grant for children include; Disability Grant, Child Support grant, Care Dependency Grant, Foster Care Grant.
An important measure of the outcomes of an education system is the level of education attainment of its citizens.
In South Africa, although education is only compulsory up to Grade 9, the most important exit point of the schooling system Grade 12. The public attaches great importance to the completion of Grade 12 since it is a pre-requisite for entry into higher education institutions, and provides a basis for improved job opportunities.
Figure 25 shows the trend in the completion of Grade 12 by persons aged 20 and above (adults) from 2002 to 2009.
In 2009, 36% of adults (persons aged 20 and above) had completed Grade 12. This figure represents a steady and significant increase since 2002, when Grade 12 completion was at 31% among adults.
Completion of Grade 12 by adults at provincial level reveals that Gauteng has the highest completion rate at 47%, followed by Western Cape at 42% (see Figure 26). Limpopo and Northern Cape provinces have the lowest Grade 12 attainment at 25% apiece.
In South African law, education is compulsory for children aged 7 to 15 or completion of Grade 9, whichever comes first.
Figure 27 depicts the percentage of adults (persons aged 20 years and above) that have attained Grade 9 and above. Levels of education attainment among adults at Grade 9 and above have increased steadily and substantially from 55% in 2002 to 64% in 2009. Overall the attainment is on the ascending slope since 2002.
At provincial level, in 2009, Gauteng housed the highest percentage of adults that have attained Grade 9, at 74% , whilst Western Cape province came second, with 70% of adults that have attained Grade 9. Northern Cape province recorded the lowest Grade 9 attainment at 51%.
This report uses the completion of the primary level of schooling (Grade 7) as a proxy measure of literacy.
This report defines adults as persons aged 20 years old and above. Adult literacy rate refers to adults who completed Grade 7 and above.
Table 23 indicates that in 2009, the national adult literacy rate stood at 79%. This means that 21% of adults (approximately 5.5 m adults) in the country had not completed Grade 7.
Furthermore 7% of the adult population (people aged 20 and above) had no schooling (that is, had received no education at all) and 12% of the adult population was, to varying degrees, functionally illiterate, as they had dropped out of school before completing Grade 7. This translates to approximately 19% of adults (5.5 million adults) that were either totally or functionally illiterate in 2009. There is a 2% of adults who did not specify their level of educational attainment.
Note: Data excludes unspecified or 'other' educational level.
Literacy rates vary between provinces. Figure 22 shows the literacy rates by province in 2009. Gauteng province had the highest adult literacy rate (88%), followed by Western Cape (86%), while Northern Cape, North-West and Limpopo had the lowest adult literacy rates.
Figure 23 shows that nationally, the adult literacy rate increased from 71% in 2002 to 79% in 2009. This trend reflects the combined effects of improved access to education, adult literacy campaigns and the Adult Basic Education programme.
Table 24 shows adult literacy rates by population group in 2009. It indicates that adult literacy rates are significantly higher in the White and Indian/Asian population groups as compared to the African/Black and Coloured population groups.
As is the case with adult literacy, youth are regarded as literate if they have completed Grade 7 and above in South Africa. For the purposes of this report, "youth" are defined as persons aged 15 to 24 years old.
Figure 24 shows that the percentage of 15 to 24-year old that are not literate has been decreasing steadily from 12% in 2002 to 9% in 2009. This decrease has been steady throughout the years. The decrease in the percentage of illiterate youth may be the result of policies such as the "no fee" school policy and other government initiatives aimed at retaining learners in the schooling system.
Table 25 depicts the youth literacy by gender. It reveals that the youth literacy rate among females is higher than that of males over the 2002 to 2009 period. The percentage literacy of female youth increased from 88% in 2002 to 93% in 2009.
The youth literacy rate among males stood at 89% in 2009. Although it was lower than that among females, it increased at almost the same pace since 2002.
This report provides a descriptive analysis of key aspects about schooling in South Africa as reported by household heads in the General Household Survey (GHS), which is conducted annually by Stats SA.
The 2009 GHS confirms that most compulsory school-aged children attend an education institution, and that attendance at education institutions among 16 to 18 year old children remains high, though not optimal. It also confirms that boys and girls alike have equitable access to education. The country is therefore characterised by a small percentage of out of school children among the 7 to 15 year old age group, and higher proportions among older children. Although the school system is characterised by relatively high enrolment rates, the same cannot be said about completion rates, especially at Grade 12 level, where just over one-third of the adult population has completed Grade 12. However, completion rates among adults (persons aged 20 and above) for both Grade 9 and Grade 12 are on the ascending slope, although the pace is slow. The GHS also reveals that while enrolment rates in schools are high, the daily attendance rate of children is not optimal. It is worrying that about 7% of learners are absent from school on an average school day.
The GHS identifies interesting reasons as to why children are not enrolled at an education institution. Financial barriers, "schooling is uninteresting" and failing a grade are key reasons why children do not attend school or any other education institution.
Household heads confirm the high proportion of school-going children that benefit from the school nutrition programme. The survey also confirms increased benefits experienced by households with respect to school-fees as a result of the no-fee school policy. However, households reported that their children experienced the following problems at school: lack of books, poor teaching, poor facilities and overcrowded classes. However, the proportion of learners purported to be experiencing these problems is generally quite low. A worrying phenomenon from the findings is the prevalence of violence against learners in the form of verbal abuse and corporal punishment by both the educators and other learners. An additional problem is that close to one-fifth of learners take more than one hour to travel to school.
The basic quantitative information reflected in this report provides a macro-perspective and an overview of some aspects of schooling in South Africa. It provides a useful basis for further and deeper analysis of the GHS itself and lays a good foundation for deeper and more qualitative research.
Department of Education (2001). Special Needs Education: Building an Inclusive Education and Training System. Education White Paper 6. Pretoria.
Department of Basic Education. (2010a). 2010 Education for All (EFA) Country Report. DBE.
Department of Basic Education. (2010b). Education Statistics in South Africa: 2009. DBE. Pretoria.
Department of Basic Education. (2011). Macro-Indicator Trends in the Schooling System. Pretoria: DBE.
DoE. (2009). Trends in Education Macro Indicators report. Pretoria.
Statistics South Africa. (2009). General Household Survey Interactive Dataset.
RSA. (2009). Medium Term Strategic Framework (MTSF) Expenditure Framework . Pretoria.
UIS. (2009). Education Indicators: Technical Guidelines. Paris : UNESCO.
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No part of this note may be reproduced or transmitted in any form or by any means without the required permission in writing.
The rules of civil procedure in the magistrates' court in South Africa have recently undergone significant changes. In the effort to amend the rules so as to enable the regional court to exercise its newly endowed civil jurisdiction in terms of the Jurisdiction of Regional Courts Amendment Act of 2008, the opportunity presented itself to overhaul the entire rules and to also bring greater uniformity with the high court rules. The same set of rules is applicable in both the regional and district divisions of the magistrates' civil court inclusive of the regional court's jurisdiction in divorce matters. These amendments are effective from 15 October 2010. Section 171 of the Constitution provides that all courts must function in terms of rules and procedures determined by national legislation. The Magistrates' Courts Act 32 of 1944 and the Magistrate Court Rules promulgated thereunder, prescribe the procedure, the time limits, and the forms to be used in the magistrates' courts.
This guide is intended to provide only a brief overview of the new rules. In the attempt, on the one hand, to provide something more than the bare restatement of the legislation, while on the other hand not wishing to repeat established tomes on the subject of civil procedure, sometimes more is stated and at other times less than what might be considered necessary. Those who have occasion to refer to this guide are therefore cautioned not to use it as a substitute for the wellknown and reputable works on the subject but to consult those resources for any purposes of reference and research.
The opinions expressed in this guide are those of the respective authors only, unless stated otherwise, and do not necessarily reflect the views of Justice College. Each of the respective authors bears sole responsibility, and likewise the credit devolves, for their respective contributions as follows: R FrancisSubbiah Rules 1 to 15, Rules 3335, Rule 52, Rule 62, and for the Appendices relating to costs; T Deosaran - Rules 16 to 32, Rule 34, Rules 36 to 51, Rules 53 to 61, and Rule 63.
The extent of the changes to the rules is evident in the fact that at least thirty of the old rules have undergone substantial amendments. All of the rules are now gender sensitive and the use of plain language helps in the attempt at being clear, concise and contextualized. Rule 1 is a new rule which appropriately sets out an introductory and contextual purpose and application of the rules.
The purpose of these rules is to promote access to the courts and to ensure that the right to have disputes that can be resolved by the application of law by a fair public hearing before a court is given effect.
Its function facilitates process rather than limiting it. Rule 1(2) provides that the rules are to be applied in a manner that facilitates the expeditious handling of disputes with a minimization of costs. This can be interpreted as promoting judicial empowerment in directing parties and controlling the proceedings in the attempt to keep legal costs down and circumvent procedural delays. The third provision of this subrule also encourages judicial officers to use s54 of the Magistrate Court Act to direct or manage civil matters set down for trial or hearing. The S54 conference, also called a pretrial conference, is not peremptory in the magistrate court as it is in the high court but can be effectively used by a judicial officer to call a conference of litigating parties in chambers at any time of civil proceedings. Caseflow management interventions of this nature by judicial officers have radically influenced the number of actions that proceed to trial. On the surface these interventions appear to increase the costs but in actual fact have a beneficial effect of narrowing and limiting the matters in dispute, shortening trials, encouraging more early settlements and thereby have the effect of limiting costs in the long term. Accordingly in Lekota v Editor, Tribute Magazine1 the court explained that the purpose of a pretrial conference is not a full preparation for trial, but a possible cooperation in steps which will limit or prevent avoidable effort and costs.
but are now better constructed.
No. 5B - s58 Request for Judgment.
All other forms may be used with variation. Copies filed of record must comply with the standard A4 white paper printed in black ink. The office of the Registrar has been established in the regional court to oversee all administrative and quasijudicial functions. Hence all reference to 'clerk of court' in the rules also incorporates the 'registrar'. The registrar or clerk of court retains the authority to refuse to issue summons where there is noncompliance with the rules. For instance where a summons does not contain all the necessary endorsements as required by the rules, e.g. it does not contain the form of the appearance to defend the registrar or clerk may refuse to issue the summons. Although the rule says that noncompliance does not give rise to an exception, the registrar or clerk of court may nevertheless refuse to issue a document that fails to comply with the prescribed forms. However a further challenge confronts the registrar or clerk of court as prescribed form 2B omits essential endorsements referred to in r5(5)(d) which is prescribed by the summons rule 5(5). This has the effect that form 2B as it stands does not comply with the true intention of the rules. It is desirable that the Rules Board effect an urgent amendment to form 2B to reflect the necessary endorsements as prescribed by rule 5(5).
Some definitions such as attorney, company and Act have been deleted. The new rules retain definitions relating to 'meaning of word in act so assigned,' 'apply', 'clerk of court', 'deliver', 'notice,' 'pending case', 'plaintiff', 'defendant', 'applicant', 'respondent', 'party' and 'sheriff'. The period for calculation excludes Saturday, Sunday and public holidays. Calculating days in terms of the rules is practically 'court days,' which excludes the first day and includes the last. In addition all distances are computed at the shortest route. New inclusion to the definitions section include references to signature, registrars, the Electronic Communications and Transactions Act, 25 of 2002, the National Credit Act, 34 of 2005 and the Criminal Procedure Act, 51 of 1977.
All rules relating to the duties of the registrar and clerk of court have been consolidated in rule 3 from the previous rules 3 and rule 4. In essence four subrules have been retained with a further 8 being added to detail and clarify the role of the registrar and clerk of court.
I. It is the duty of the registrar and clerk of court to issue or reissue all processes of pleadings by a nonlegally trained registrar or clerk may impact negatively, for example, on a spouses claim relating to forfeiture of benefits.
court by manual or machine signature.
II. All fines imposed by court must be paid to the registrar or clerk of court.
III. Registrar and clerk are duty bound not to receive subsequent documents for filing which has not been marked with the relevant case number.
IV. First documents filed in a matter are given a case no in consecutive order for the year it is filed in.
V. All documents delivered to court and minutes of court must be filed in the correct file under the precise case number.
VI. All copies of documents from the court files must be made in the presence of the registrar or clerk.
VII. There is a duty in terms of new rule 3(8) for the registrar or clerk to assist litigants by explaining these rules and to assist in compliance with the directive contained in s 9 of the Jurisdiction of Regional Courts Amendment Act of 2008. Note must be taken that the duty set out in this provision is to assist litigants, which does not necessarily indicate that the registrar or clerk of court must draft summons and pleadings for litigants. The former divorce court rules which authorised a registrar or clerk of the divorce court to draft pleadings for litigants have been repealed. Although one of the purposes of the former divorce courts was to provide a cheaper, speedier "do it yourself" process, some drawbacks are apparent. Divorce changes the status of an individual and may impact seriously on his or her patrimonial benefits.
VIII. Office hours of the registrar and clerk of court are Monday to Friday from 08h00 to 13h00 and from 14h00 to 16h00. All documents may be filed until 15h00. The exception is the notice of intention to defend which can be filed until 16h00. In addition the registrar or clerk may issue processes and accept documents in exceptional circumstances at any time and in addition shall do so when directed by a magistrate.
register of divorce cases containing the number of the action and names of the parties, as well as a daily index of all registered divorce cases.
a defendant's consent to judgment before any notice intention to defend was filed.
where a defective notice of intention to defend is filed by a self represented defendant and also state in what respect in terms of s12(2)(a) it is defective.
where a request for default judgment has been refused.
XI. A certified copy of judgment (CCJ) is issued by the registrar or clerk of the court where judgment was granted to enable execution proceedings to commence in another court.
It is noteworthy that a judicial officer may perform any act of a registrar or clerk of court with the exception of writing affidavits, pleadings, processes and taxing of bills of costs.
New rule 4 deals with ss57 and 58 requests for judgment to the registrar or clerk of court. The rule sets out additional requirements that must be complied with to enable the granting of judgment.
The request for judgment must be in writing and is directed to the registrar or clerk of court. Form 5A or 5B must be used. The form must be accompanied by an affidavit which contains evidence as is necessary to establish that all requirements in law have been complied with. Forms 5A requires a copy of the letter of demand sent to the defendant in terms of s56, the defendant's written acknowledgment of liability to the debtor for the amount of the debt and the costs claimed, copy of the plaintiff's written acceptance of offer and the affidavit or affirmation by the plaintiff or a certificate by the plaintiff's attorney. Proof of service or posting must accompany the request for judgment.
It is mandatory for an affidavit by a creditor indicating how the terms of an agreement or offer has been breached, detailing the payments made to date and how the balance owing has been arrived at. In addition, certain documents must accompany the request for judgment. For example the s129 National Credit Act notice should be annexed. Where applicable the original underlying written agreements between parties may be annexed.
The necessity for this provision is evident from the difficulty experienced in determining whether to grant judgment where one is not fully apprised of all the relevant legal requirements. One must be sure that all these requirements are met before entering a judgment and making it an order of court. Due to the serious consequences flowing from an order of court the law must be correctly applied.
Note that rule 4(1)(a) prescribes that where a letter of demand as referred to in s59 of the Act is used it must 'contain particulars about the nature and the amount of the claim.' The National Credit Act, 2005 (NCA) impacts on the credit market significantly. Accordingly its' objectives to protect consumers and provide a consistent, transparent, fair, responsible, efficient, effective and accessible credit market is being addressed in the requirements set out in rule 4.
"Where the original cause of action is a credit agreement under the National Credit Act, 2005, the letter of demand referred to in section 58 of the Act must deal with each one of the relevant provisions of sections 129 and 130 of the National Credit Act, 2005, and allege that each one has been complied with."
This subrule follows from the decision in African Bank v Additional Magistrate Myambo No and others.
Frequently debts are ceded to debt collectors who proceed to recover the debt in their own name. To ensure that the debtor is fully apprised with the chain of events relating to the debt recovery, the fact and details of the cession must be communicated in the letter of demand. When suing by way of summons it is mandatory in terms of Rule 5((9) that a plaintiff who sues as cessionary must indicate the name, address and description of the cedent at the date of cession as well as the date of the cession. Accordingly it is imperative that the legal relationship between the parties that alleges the right to the claim and the grounds for the demand are communicated to ensure that there is no prejudice faced by the debtor due to ignorance.
Subrule (3) makes the requirements for consents in terms of s 58 compatible with consents in terms of Rule 11(1). It reads as "a consent to judgment in terms of section 58 of the Act shall be signed by the debtor and by two witnesses whose names shall be stated in full and whose addresses and telephone numbers shall also be recorded."
The last subrule makes some of the provisions namely Rules 12(6), (6A) and (7) apply to a request for judgment in terms of sections 57 and 58 of the Act. Rule 12(6) requires that if the claim is based on a liquid document or any agreement in writing, then such agreement must be filed with the request. Rule 12(6A) requires that evidence confirming compliance with any legislative requirement be filed with the request. The effect of the reference to rule 12(7) is that the clerk may refer the application to a magistrate.
3 SA Permanent Building & Investment Society v Gornitzka 1939 TPD 385 ensuring that all necessary facts and evidence is provided and judicial intervention is sought where necessary.
This is a reconstructed rule. It combines provisions of rule 17 of the high court and provisions of rules 5 and 6 of the old magistrate court rules. It introduces the model of a simple summons and a combined summons from the high court.
In essence subrule 5(1) provides that a person claiming against another may sue by way of summons. The summons is issued and signed by the registrar or clerk of court which is addressed to the sheriff. The sheriff is directed to inform the defendant that the claim may be disputed and defended. The defendant has a stated time within which to give notice of intention to defend and file a plea, or exception or strike out.
Rule 5(2)(a) prescribes that where the claim is not for a debt or liquidated demand the summons must be a combined summons (Form 2B of Annexure 1.) In so far as a claim for a debt or liquidated demand is concerned it may also be claimed by using a combined summons.
A combined summons is a summons to which is "annexed a statement of the material facts relied upon by the plaintiff in support of plaintiff's claim, and which statement shall, amongst others, comply with rule 6." Rule 6 relates to pleadings generally. In other words the annexed statement is the former particulars of claim which is a pleading.
In the former magistrate court rules the summons consisted of a single 2page double sided document. It set out particulars of the plaintiff and defendant, addresses for service, the nature and amount of the claim, interest, attorney costs, and all necessary endorsements. Only when the particulars in the claim contained more than 100 words, an annexure (called the particulars of claim) had to form part of the summons.4 This position no longer prevails and a combined summons with an annexure must be utilized for all claims not for debt or liquidated demand. A plaintiff for example who claims for damages must use a combined summons consisting of an annexure setting out the particulars of claim. In this regard it is noteworthy that the magistrate court tariff does not provide separately for the drafting of particulars of claim. It was previously considered part and parcel of the summons and all types of summonses attracted the same fee. Presently this leads to an inequitable situation where a simple summons comprising 4 pages and a combined summons consisting of 10 pages will attract the self same fee. A particular of claim is a pleading and a pleading is specifically excluded from the drafting provision provided under general provision 8(a) of table A, part 1 annexure 2. The tariffs under the new rules have not been changed to reflect the changes made in the rules and therefore it is suggested that urgent amendments be made to the tariff to dissolve any fee inequity.
A simple summons is used usually where the quantum is already determined or can be easily ascertainable usually without leading evidence. Rule 2(b) provides that where a claim is for a debt or liquidated demand a simple summons (Form 2 of Annexure 1) may be used. This procedure is optional unlike the similar provision in the high court which is mandatory. Accordingly the plaintiff may choose to use a simple summonsform 2 or a combined summons form 2B when the claim is for a 'debt or liquidated demand.' Rule 5(2)(b) is not peremptory.
A simple summons consists only of the summons form and a brief description of the claim and the relief claimed is contained in the very same form. It is only when the defendant enters an intention to defend that the plaintiff becomes duty bound to file a full particulars of claim that is called a declaration. The declaration is a pleading which must comply with the provisions of rule 6. The plaintiff must deliver within 15 days after receipt of a notice of intention to defend a declaration. A declaration is similar to particulars of claim that is annexed to a combined summons.
served and filed at different stages in the proceedings. Rule 15(2) provides that a declaration must contain the nature of the claim, the conclusions of law and a prayer for relief. The declaration must contain full details to enable the defendant to respond by way of plea. The new rules similar to the high court no longer provides for a procedure requesting further particulars to enable pleading. The provisions of old rule 15 have been abolished. Further particulars may only be requested in terms of new rule 16 for purposes of trial.
A simple summons must set out the nature of the claim, the grounds on which it is based and the relief claimed. Some concerns arising out of a simple summons is whether the defendant can except to a simple summons on the ground that it does not disclose a complete cause of action. In Icebreakers No. 83 (Pty) Ltd v Medicross Health care Group (Pty) Ltd5 the court held that the summons serves the function of commencing the litigation and bringing the defendant before court and the summons is not a pleading. A defendant cannot have a plaintiff's simple summons set aside on the ground that it does not disclose a complete cause of action. An exception can be taken only against a pleading and a simple summons is not a pleading.
It is evident where a simple summons does not disclose fully a cause of action it will prejudice the plaintiff seeking default judgment or summary judgment. Rule 5(7) provides that when a simple summons is issued, a bare allegation of compliance with legislation will be sufficient but full particulars of compliance must be pleaded in the declaration. This subrule also provides that if the original cause of action falls under the NCA the summons must deal with the ss129 and 130 provisions and allege its compliance to obtain a s58 judgment. If default judgment is applied for on the basis of the simple summons, evidence of such compliance must be filed with the application for default judgment.- rule 12(6A).
It has been expressed that there is a basis for maintaining a simple summons in the magistrate court. The simple summons is applicable in claims of debt or liquid amounts which are often undefended.
of filing full particulars of claim if the defendant responds to the summons by paying or making an offer to pay in instalments.
'Debt' is defined in s55 of the Act as "any liquidated sum of money due." 'Liquidated demand' is not defined in the current rules but is canvassed in court decisions. A liquidated demand refers to much more than a liquidated amount in money.7 Debt or liquidated demand has come to mean a claim for a fixed, certain or ascertained amount or thing. It was expressed in Erf 1382 Sunnyside (Edms) Bpk v Die Chipi Bk8 that a 'debt or liquidated demand' is not limited to claims for the payment of a sum of money.' In Fattis Engineering Co (Pty) Ltd v Vendick Spares (Pty) Ltd 9 the court held it is a claim for "a fixed or definite thing"; for example "ejectment, delivery of goods, tendering of an account, cancellation of a contract." It also held that a liquidated demand may include a claim for an amount capable of prompt and speedy ascertainment, eg a claim for past maintenance of a child, claim for reasonable remuneration for services rendered. However other judgments like Neves Builders & Decorators v De la Cour 10 held that not every commercial claim for reasonable remuneration for work done and material supplied will automatically qualify as 'liquidated'. A judge will have to exercise a discretion to determine whether a claim is capable of prompt ascertainment.11 Liquidity is often favoured in making this determination. Although in Allied Bakeries12 it was held that a claim for payment of the amount found to be due after debatement of the account is not a debt or a liquidated demand. Authors Hebstein and Van Winsen explain that a claim in respect of which the amount due and payable can be determined by arithmetical calculation will always qualify as a claim 'for a debt or liquidated demand', as well as a claim for an agreed amount.
Hypermarkets v Dednam 14a claim for contractual damages suffered as a result of a breach of contract of sale was held to be a liquidated amount for summary judgment. This amount was the purchase price that was agreed to between the parties. Credit cards are not a liquid document.
Changes have been made in the new rules for the appointment of an address for service and delivery of documents. Rule 5(3)(a) changes the 8km distance to 15km. The former subrule relaxing the 8km rule for 3 or fewer attorneys practicing within a court's radius no longer applies. The summons must contain a physical or business address that is within 15km of the court. A new provision provides for the summons to be endorsed where available with the plaintiff's fax and email address. Rule 5(3)(b) also requires the summons to indicate whether the plaintiff is prepared to consent to the delivery of documents and notices subsequent to the initial process other than by physical or postal address. 5(3)(c) provides that if an action is defended the defendant may, at the written request of the plaintiff, deliver a consent in writing to the exchange or service by both parties of subsequent documents and notices in the suit by way of facsimilie or electronic mail. Rule 5(3)(d) gives plaintiff a remedy and the court a discretion if the defendant fails or refuses to give consent.
The old rules provided for specific allegations relating to jurisdiction to be set out in the summons. These provisions are contained in rule 5(6) and expanded in some respects. Where the defendant is cited in terms of s28(1)(d) of the Act, the summons must contain an averment that the whole cause of action arose within the court's district or region. In addition the new rules 5(6)(a) requires that particulars in support of such averment must be set out in the summons.
15 African Bank Limited v Additional Magistrate Myambo 2010 JDR 1020 (GNP).
must contain an averment that the property is situated within the courts district or region. Rule 5(6)(c) provides that any abandonment of part of a claim under s 38 of the Act and any setoff under s39 of the Act must be alleged.
Every summons must include a form of consent to judgmentr5(5)(a), a form of appearance to defend-r5(5)(b), a notice drawing the defendant's attention to the provisions of s109 of the Act -r5(5)(c) and a notice in which the defendant's attention is directed to the provisions of ss57,58,65A and 65D of the Act in cases where the action is based on a debt referred to in s55 of the Actr5(5)(d). However combined summons (form 2B) contains only the endorsement of the form of appearance to defend. It fails to contain the three other endorsements and therefore does not comply with the intention of the rules. Further, as a combined summons can be utilized to claim for a debt or liquidated demand, it is critically essential that it contains the r5(5)(d) endorsement. Likewise the endorsements required by rules 5(5)(a) and (c) also serve a necessary function. The defendant referred to in rule 11, for whose benefit a consent to judgment be endorsed on the summons and who desires to consent to judgment is unable to do what rule 11 requires and allows him or her to do. It has the effect of rendering the provisions of rules 11(a), (b) and (c) in this context ineffective. With the exception of a divorce summons all other summons ought to contain all endorsements. Currently Form 2B reflects the only endorsement, a notice of intention to defend which correctly reflects the provisions of the divorce summons.
Lapsing of a summons as contained in old rule 10 has been abolished. A summons no longer lapses after issue from 15 October 2010. A question arising, if proceedings continue after a long lapse of time there is likely prejudice to be suffered by the defendant who does not defend the summons. Therefore the defendant needs to be made aware of continuing proceedings. In this regard the high court practice is persuasive. It provides that where an application for default judgment is made six months after the date of service of summons, it is the practice to require a notice of set down to be served on the defendant informing him or her that such default judgment will be sought on a given date. Such date and time should not be less than 5 days from the date of the notice. In addition reasons for delay could be requested by court or the reservice of the summons could be ordered.
As there are no transitional provisions in place, the question of retrospective application of the new rule arises. Where a summons was issued prior to 15 Oct 2010, it is in terms of the old rules and the critical question is whether such summons is capable of lapsing. Where a default judgment is being requested a year later, if old rule 10 is applicable the summons would have lapsed. If the new rules are applied retrospectively the summons would not have lapsed. In such instance the court should require a notice of set down to be served on the defendant. See paragraph 42 of this guide on retrospective application of the rules.
Where a claim is for execution of residential property rule 5(10) prescribes that the summons must contain a notice drawing the defendant's attention to section 26(1) of the Constitution which accords to everyone the right to have access to adequate housing. Where the defendant claims that the order for eviction will infringe such a right the defendant is bound to place information before the Court that supports such claim.
the court referring to the Jafta17 decision affirmed the need for judicial oversight even if a process of execution results from a default judgment. In this case it was declared unconstitutional for a registrar of the high court to grant residential immovable property executable in a default judgment under uniform rule 31(5). Hence the importance of this notice in the summons not only reflects an important value enshrined in the Constitution but its application at grass root level.
Form 2A must be used for provisional sentence proceedings and the proceedings remain the same as before. The rent interdict summons which may be used by a landlord to secure the hypothec over the tenant' personal property on the leased premises under s31 of the Act also remains the same. Rule 5(7) provides that the summons be in form 3 as prescribed in Annexure 1.
A party failing to comply with any provisions of the rules relating to summons it is deemed to be a irregular step entitling an application in terms of r60 A and a discretion by court.
This rule relates to all pleadings generally and is primarily duplicated from the high court rule 17. It applies to the particulars of claim, the declaration, plea, replication, exceptions and all subsequent pleadings.
Every pleading must be signed by an attorney or personally by an unrepresented party.
The description of parties and case number must be given at the head of pleadings.
Pleadings must be divided into paragraphs with consecutive numbering and each paragraph ought to contain a distinct averment.
Each pleading must contain clear, concise statement of material facts relied upon with sufficient particularity to enable reply.
A denial of allegation must not be evasive but answer the point of substance.
Where contract is relied upon, it must state whether it is oral or written, and when, where, and by whom concluded. Written copy or part relied upon must be annexed to the pleadings.
It is not necessary to state the circumstance from which an alleged implied term can be inferred.
Out of community of property divorce proceedings require the party to give full details of entitlement for claiming division, transfer or forfeiture of assets.
Damages claim must be set out in manner which enables the defendant reasonably to assess the quantum.
Medical, hospital and similar costs; b Pain and suffering, whether temporary or permanent and which injuries caused it; c Disability for loss of earning and enjoyment of amenities of life with full particulars; d Disfigurement with full description and stating whether permanent or temporary.
10 Claim for damages resulting from death of another requires date of birth of deceased and of persons claiming damages.
11 Cause of action based on agreements governed by legislation must state the nature and extent of compliance with relevant provisions of such legislation.
12 Where a cessionary sues must indicate name, address, description of cedent at date of cession and actual date of the cession.
13) Failure to comply with any provisions of this rule results in the pleading being deemed an irregular step and the opposing party is entitled in act i.t.o r60A (noncompliance provisions).
The particulars of claim must set out the basis of a claim or the cause of action. In Liquidators Wapejo Shipping co Ltd v Lurie Bros 1924, Brits v Coetzee 18 the court explained that a plaintiff sets out facts that give rise to his claim and the claim will show nature and amount of claim, the rate at which interest is calculated and the costs and attorney's fees.
There are no significant changes to amendments to summons. Before a summons is served a plaintiff may amendment the summons as he or she deems fit. Once the summons has been served any amendments must be effected by means of r55A application. The only exception to this is found in subrule 3(a). It has the effect that where a defendant's first name, or initials, or correctly spelt first name is disclosed in the return of service the plaintiff may request the registrar or clerk of court without notice to the defendant to make such amendments in the summons. Such an amendment will be considered as though it was made before service of summons. The amendments before or after issue of summons must be initialed by the registrar or clerk of court otherwise the amendments will have no force or effect. It is also a practice for the plaintiff's attorney to first initial the summons following any alterations. All alterations to the summons should be dated.
No changes have been made to this rule. All processes of court must be served or executed by the sheriff except where otherwise provided. Examples of processes are summonses, orders of court, warrants of arrest and warrants of execution. These documents must be issued by the registrar or clerk of court for them to be valid. The sheriff must serve without unreasonable delay.
process or service was affected and a detail of charges for such service. A sheriff is appointed for a particular jurisdiction and where a sheriff who does not have jurisdiction serves a process, such a service is deemed invalid as expressed in Barclays National Bank v Wentzel.19 9.
Significant amendments are made to this rule combining provisions of the former rule 9 and rule 4 of the High Court rules. Some new provisions have been added.
Service of process, notice or other documents shall not be served on a Sunday or public holiday except where the court orders or it is posted. However an interdict, warrant of arrest or warrant of attachment of property can be executed on any day, hour and place.
Rule 9(3)(a) provides for personal service and service on a duly authorised agent. In case of minors and persons under disability it provides for service on guardians, tutors, curators.
Service may be affected on a person's residence or place of business on a person who is apparently not less than 16 years old and apparently residing or employed there - r9(3)(b).
Service on a place of employment - r9(3)(c) can be effected on a person who is apparently not less than 16 years old and who apparently has authority over the defendant.
Rule 9(3)(d) provides for service at a domicilium citandi et executandi, but the proviso to the rule allows the court to treat such service as invalid, if it becomes aware that the service has not come to the knowledge of the person who must be served. The court ought to query the service. It is open to the plaintiff to provide the court with satisfactory evidence to enable the court to accept the service. The court may exercise similar powers in terms of service affected under subrules 9(3)(b), (c) and (f).
The reference to juristic persons in rule 9(3)(e) has been made broader and provision for service on a corporation at its registered office is included, on a responsible employee or by affixing to the main door, or in any manner provided by law.
In Rule 9(3)(f) a proviso has been added to the subsection which allows a sheriff to serve by registered post when so instructed. S/he should place a copy in a prepaid, addressed and registered envelope. The proviso enables a debt counsellor who makes a referral to court in terms of s 86(7)(c) of the National Credit Act to cause the referral to be sent by registered post or by hand.
Service upon state organs and officials, this includes provincial premiers - r9(3)(g). Service affected on state attorney's office in Pretoria or a branch of the office that serves the area of jurisdiction of the court from which the process has been issued. The name of person served and capacity must be stated in the return of service.
In the case of service in terms of subrules 9(3)(b),(c),(e) or (g) the sheriff will indicate on the return of service the name and capacity of such person in relation to the defendant.
Where a person keeps his residence or place of business closed preventing service, process can be affixed on the outer or principal door or security gate or post box of such residence or place of business - rule 9(5). In such an instance it is necessary for the sheriff to state what inquiry and investigation was conducted to ascertain that the defendant still resided or conducted business at the given address.
Service on partnership - r9(7)(a) at office or place of business of partnership, if none than upon any member of the partnership.
Service on trustees of insolvent estates, liquidators of companies, executors, curators, or guardians are to be served in accordance with any manner prescribed in the rules. r9(7)(b).
21 Barens v Lottering 2000 (3) SA 305(C).
business. If there is none, service must be effected on the chairperson or secretary or similar officer in a manner prescribed in the rulesr9(7)(c).
Rule 9(9) provides that service of any notice, request, statement or other document which is not a process of court, such as a notice of intention to defend or pleadings need not be served by the sheriff. It can be affected by delivery of hand or by registered post. The new rules now provide for service by facsimile or email. Where service by fax or email is used, chapter 111, part 2 of the Electronic Communications and Transactions Act 25 of 2002 will be applicable.
Subject to rule 10 where the court having jurisdiction is satisfied that service cannot be effected in terms of rule 9, it may make an order allowing a person other than a sheriff to effect such service in a manner specified in such order.
In a divorce action service must be personally on the defendant.
Provisions for service in foreign countries have been included in subrules (14)(25).
The former rule 10 dealt with the lapse of a summons which is now abolished. This rule now caters for the edictal citation provisions as contained in high court rule 5. Edictal citation is a procedure to effect service on a defendant or respondent outside the borders of South Africa. Substituted service is used when the defendant or respondent is in South African but his or her exact whereabouts is unknown.
The edictal citation procedure in terms of rule 10(1)(a) is used irrespective of whether the whereabouts of the defendant or respondent is known. However the leave of the court must be obtained as well as the direction as to the method of service. Any person who desires to serve outside the borders of South Africa must obtain leave from the court to do so. Where service cannot be affected in terms of rule 9 an application for substituted service must be brought.
affidavit. A magistrate may consider the application in chambers.25 The applicant will have to set out the reasons, nature and extent for the relief, and the grounds on which the court has jurisdiction, the manner of service being requested, the defendant's whereabouts if known, and inquires made to ascertain his or her whereabouts. It may not be sufficient to state that he has done his best to find out where the defendant is. The court will require information to enable it to decide whether to grant leave and how the process should be brought to the defendant or respondent's attention. Information must be provided relating to the defendant's lastknown place of residence, or domicile, last place from which news of him or her was obtained, residence of spouse, parents, relatives, place of birth and any other relevant information to assist the court.
This rule has been amended to bring it in line with high court rule 31(1)(a). In this respect a new provision has been added to subrule (1) excluding divorce actions and nullity of marriage. In other words one cannot consent to judgment in a divorce action.
Additional provisions have been inserted in subrule (1)(c). It provides that the consent to judgment lodged with the registrar or clerk of court be signed by the defendant and by two witnesses whose names are stated in full and whose addresses and telephone numbers are recorded.
Where defendant consents to judgment prior to service of summons it is not necessary to serve the summons and the defendant will not be charged for service fees.
Judgment by default is a procedure provided in the Magistrates' Court Rules, whereby judgment may be obtained without the necessity of a trial. The magistrate normally grants judgment in chambers and in the absence of the parties.
below a registrar or clerk of court may also grant default judgment. Default judgment in essence refers to a judgment entered or given in the absence of the party against whom such judgment is made.26 The ordinary purpose of a default judgment is to award a plaintiff a speedy and inexpensive remedy where a defendant has failed to enter an appearance to defend the summons, or filed to a defective notice of intention to defend, or failed to deliver a plea timeously. This is done by way of plaintiff filing with the registrar or clerk of the court a request for default judgment. The registrar or clerk of court processes the request and notifies the plaintiff of the outcome by endorsing the duplicate copy of the request for judgment of the result and date.27 Additionally rule 3(6)(c) also provisions that the registrar or clerk of court must notify the plaintiff in writing where a request for default judgment has been refused.
The rule sets out the instances and the specific requirements that must be complied with when a default judgment may be granted.
Fattis's Engineering Co (Pty) Ltd v Vendick Spares (Pty) Ltd 28where it was held that the defendant is in default and that it is reasonable to suppose in the majority of cases that the defendant is not disputing the claim or the amount. In addition the summons forewarns the defendant of failure to file and serve the appropriate notices and pleading will result in judgment being given against him or her.
There are three significant amendments to rule 12. Rule 12(5) replaces the reference to the Hire Purchase Act of 1942 with a reference to the National Credit Act of 2005, requiring all requests for default judgment on claims arising from transactions regulated by the National Credit Act to be referred to a magistrate. Rule 12(3)(A) is a new addition but does not have any additional value as the effect of its provisions have already been canvassed in subrules (2), (4), (5), (6), (6A) and (7). Rule 12(6)(A) is a new subrule which requires that evidence of compliance with regulating legislation (such as the National Credit Act of 2005) be filed together with the request for default judgment.
In terms of Rule 12 (1) (a) where the defendant has failed to enter an appearance to defend within the prescribed time limit or even after the expiry of the prescribed time a request for judgment may be lodged by the plaintiff. On receipt of the summons the defendant has the stipulated ten days in which to enter an appearance to defend the plaintiff's action or 20 days if the opponent is the State. If the summons was served by registered mail, the sheriff must file an acknowledgment of receipt of the registered letter together with his return of service before the default judgment should be considered.29 The request for default judgment must be accompanied by the original summons, original return of service and any original documents upon which the course of action is based. Rule 12(6) provisions that where originals cannot be submitted an affidavit setting out the reasons to the satisfaction of the court or registrar or clerk of court together with a copy must be filed.
ï· exhibits any two or more of such defects or any other defect of form, the registrar or clerk of court shall not enter judgment against the defendant. The registrar or clerk of the court then gives written notification to the plaintiff of the unrepresented defendant's defective notice of intention to defend and in what respect the entry is defective.31 The plaintiff must call upon the defendant to deliver a proper appearance to defend within five days of receipt of the notice. If the defendant fails to remedy the defect then the court may proceed upon the plaintiff's request to grant a default judgment.
Rule 12(1)(b) refers to the instance, where a defendant has already entered an appearance to defend but has failed to deliver (deliver means to file a copy with the registrar or clerk of the court and to serve a copy on the opposite party) a plea within the time specified in terms of Rule 17(1). This time is twenty days or any other extended time granted by the plaintiff. After the defendant has entered an appearance to defend, the defendant has twenty days to take the next procedural step when a combined summons is served and in the circumstance of when a simple summons is served the defendant has twenty days after a declaration has been served. Where a plaintiff on receiving a notice of intention to defend fails to file a declaration timeously rules 15(4) and (5) have been introduced to provide the mechanism for serving a notice of bar by the defendant on the plaintiff. It provides for the defendant to apply for absolution from the instance where the plaintiff has been barred from delivering a declaration.
As an established procedure in the magistrate court if the defendant fails to deliver his or her plea on the expiry of the time periods or any extended time granted, the plaintiff has to place the defendant in bar. In terms of Rule 12 (1)(b)(i), the notice of bar will call on the defendant to deliver a plea within five days of the receipt of the notice, and on failure to do so within the prescribed or agreed period the defendant will be in default with such a plea and be ipso facto barred. In the case of F & J Car Sales v Damane32 a notice of bar was prematurely served and therefore the default judgment was erroneously granted. The reason being the defendant had requested further particulars and therefore the plaintiff was obliged to respond to the defendant's notice for further particulars before serving a notice of bar. This decision will no longer apply because the defendant may no longer request the plaintiff to deliver further particulars to the summons before pleading. In terms of the new rules the defendant can no longer request further particulars for the purpose of pleading, further particulars may only be requested after the close of pleadings for the purposes of trial as set out in new rule 16(2).
It is the defendant who is given five days from date of service to comply with the notice and in Speelman v Duncan and another 33 the court held that, "all that Rule 12(1) requires is that a copy of the notice must be delivered to the registrar or clerk of the court, but the notice must give the defendant who receives it five days from the date of receipt of the notice within which to comply with it."
The question arises whether there is an obligation on the plaintiff to place the defendant in bar. This subrule provides that "the plaintiff may deliver a notice in writing calling upon the defendant to deliver a plea" The magistrates' court rules submit that the meaning of the word "may" in this context casts a duty upon the plaintiff to deliver a notice of bar and also to lodge a request for judgment if the defendant fails to comply with the notice of bar. It further provides that if these two requirements are not complied with, then it is the plaintiff who is in default of not complying with the rules and thus default judgment may not be entered against the defendant. Therefore we may conclude that the plaintiff is bound by the rule to place the defendant in bar in this instance. Where a defendant has been barred from filing a plea, notice of the request for default judgment must be served on the defendant.
In Santam Ltd and Others v Bamber34 the defendant served the plea on the plaintiff's attorney on the last day allowed in terms of notice of bar but filed at magistrate's court only on following day. The plaintiff's attorney applied for default judgment despite knowing, of the service of the plea. The court held that the application was an abuse of process of court and the plaintiff's attorney could have been in no doubt that the defendant intended to defend the action. The plaintiff's attorney should have disclosed fact of service of plea in request for default judgment. The court referred to Modesi v Mosiga35 stating 'that approach of the courts had always been and would always be that a defendant should not easily be deprived of the opportunity to defend the case against him.'
33 1997 (1) SA 868 (C) G at 870HJ 34 2005(5) SA 209 (W) 35 1927 TPD 150 at 153 bound up in the principle of natural justice, audi alteram partem, the object of which was to achieve justice between all parties in litigation. The court also referred to Mthanthi v Pepler36 where it was explained that 'a magistrate should generally not grant default judgment where there are documents in the court file (regardless of whether they have been lodged timeously) which indicate that the defendant intends to defend'.
It must be noted that a counterclaim is not a plea. Where the defendant files only a counterclaim and not a plea as well, the plaintiff is entitled to obtain a default judgment.
The plaintiff is also entitled to request default judgment where a defendant has consented to judgment in terms of s58 and rule 11. The purpose of obtaining a default judgment is to obtain a court order to facilitate execution. Such a request is commonly referred to as a s58 consent to judgment which is ordinarily granted by the registrar or the clerk of court. So is a s57 judgment. In addition the new provisions of rule 4 also apply to ss57 and 58 judgments.
In terms of Section 58A of the Magistrates' Court Act any judgment entered or granted by the registrar or clerk of the court is deemed to be a judgment of the court. The registrar or clerk of court may grant a default judgment in terms of rule 12(2),(3),(3A) and (6) when the claim is liquidated. The registrar or clerk of court does not have jurisdiction to grant a default where a plea is delivered and then is withdrawn. The registrar or clerk of court may also not grant a default judgment where the defendant files a plea and consents to judgment on a portion of the claim but disputes the balance, and the plaintiff then abandons the disputed portion and requests judgment on the admitted portion. In these circumstances the registrar or clerk must refer the request to court for a judgment.
Rule 12(4) provides that when the claim is unliquidated the registrar or clerk must refer the request to the magistrate. An unliquidated claim, for example damages is a claim for an amount that must be assessed by the court before judgment can be given.
provides for requests for default judgment based on credit agreements and the NCA be referred to the magistrate. R12(6A) a new subrule also requires that evidence of compliance with regulating legislation be filed together with the request for default judgment to the satisfaction of the court. It having the intention that only the magistrate may grant a default judgment where there must be compliance with legislation. If the registrar or clerk of court has any doubt regarding a liquidated claim, if and after considering any submissions made by the plaintiff, he or she acting in terms of rule 12(7) may refer the request for default judgment to the magistrate.
The magistrate acting in terms of subrules (4), (6A), (7)(a) and (c) may call upon the plaintiff to produce written or oral evidence in support of the claim to assess the amount claimed to the magistrate's satisfaction before awarding judgment. In practice it is usual to attach an affidavit to the request for default judgment setting out the particulars that support an entitlement to the judgment and the quantum claimed. Damages claim will always necessitate evidence led to assess the quantum of damages. The court will require proof, to its satisfaction that the plaintiff's claim for compensation has been reasonably assessed. In Western bank Ltd v Meyer37 it was held that it is in the court's discretion to determine whether oral evidence or an affidavit will suffice or both. In Revelas and Another v Tobias38 it was held that the evidence proving damages for bodily injuries had to be evidence given under oath (either written or oral). If such evidence was only in the form of a report it was inadequate. Also in Briel v Van Zyl 39it was held that the affidavit attached to the request for default judgment must be that of an expert in the applicable field and that it must be stated that he or she is qualified to be considered an expert. In some instances, eg defamation cases, an affidavit by an expert is not required. In Dorfling v Coetzee40 the court said that as a rule evidence of the cause of action must be led when damages are claimed, but it is left to each court to decide whether in a particular case such evidence can be dispensed with.
Dorfling, which concerned damage sustained in a motor collision, the court held that it was essential that evidence of the cause of action be led in order to determine whether there had been contributory negligence on the part of the plaintiff calling for an apportionment of damages. Similarly in Havenga v Parke 41 it was held that in a default judgment claim for damages, evidence of medical practitioners, mechanics, valuers and others can be placed by way of affidavits, subject to the Court always retaining the power to require oral evidence where it considers it necessary.
Although both eviction and execution may be referred to as liquidated claims, these must be referred to the court when they relate to residential immovable property. Both claims in terms of the Constitution require judicial oversight before being granted. The decision of Justice Mokgoro in Jaftha v Schoeman and Others Van Rooyen v Stoltz and Others 42 demonstrates the developing law in a constitutionally entrenched human rights context. The failure to provide judicial oversight over sales in execution against immovable property prejudices the right to adequate housings26 of the Constitution and human dignity (dignity is interrelated with socioeconomic rights). The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE), (although this Act has been amended to redefine the scope of its application), Extension of Security of Tenure Act 62 of 1997 (ESTA) and Ndlovu v Ngcobo43 may impact on the claim for ejectment and its requirements will have to be considered by the court. In a recent constitutional court decision of Gundwana v Steko Development CC and others 44 the court referring to the Jafta decision affirmed the need for judicial oversight even if a process of execution results from a default judgment. In this case it was declared unconstitutional for a registrar of the high court to grant residential immovable property executable in a default judgment under uniform rule 31(5). Similarly a registrar or clerk of the magistrate court cannot grant claims of eviction and execution of residential immovable property.
from residential immovable property must postpone the eviction sine die requiring the matter to be set down for judicial intervention in terms of Act 4 of the PIE Act.
A judgment may be granted for any sum not exceeding the amount claimed in the summons or other relief so claimed; interest at the rate specified in the summons or the legal rate of 15.5% and costs of the suit. A minute record of the judgment must be entered as set out in rule 12(9). It is inferred that although a registrar or clerk of court may grant a judgment on a liquidated claim, he or she cannot refuse judgment. In instances after queries cannot resolve the problem the request for default judgment must be referred to the magistrate who in terms of rule 12(7)(e) is the only person with the authority to refuse a request for default judgment. Such a dismissal or refusal is a final judgment which can be appealed. Therefore a request for default judgment should not be refused or dismissed where a query to the plaintiff will resolve the problem.
A default judgment may also be granted in terms of Rule 60(3). The failure to comply with magistrates' court rules or with any request made in pursuance thereof is not sufficient ground for the giving of a default judgment Rule 60(1). However, the plaintiff may apply to court in terms of Rule 60(2) for an order compelling the defendant to comply within a stated time. If the defendant fails to comply with the order then the plaintiff may apply for a default judgment against the defendant. The judgment will only be entered against a party who recklessly disregards his/her obligation. Rule 32(2) provides a further method for obtaining a default judgment. This provision provides that if the defendant or the respondent does not appear at the appointed time for the trial of the action or the hearing of the application, a judgment with costs may be given against the defendant or the respondent. If the plaintiff or the applicant does not appear at the time appointed for the trial of the action or the hearing of the application, the action or the application may be dismissed with costs.
This rule is aligned with rule 5 dealing with summons. It is similar to high court rule 19. Every defendant is allowed 10 court days after service of summons to file and serve a notice of intention to defend personally or through an attorney. In the case of the state it is 20 days unless the court specially authorizes a shorter period. Rule 13(1) provides for a period of non dies between 16 December to 15 January both days inclusive and such days must not be counted in the time allowed within which to file a notice of intention to defend. Note that this applies to the notice of intention to defend only.
The rule also introduces new provisions in respect of the method of service of subsequent documents in the case. In accordance with subrule 3(a) the defendant must give a physical address of either a residence or business, as well as a postal address. The physical address must be within 15km of the court house. The choice of method of service in respect of subsequent should also be set out.46 A consent to exchange documents by means of fax or email is also encouraged where available. Where consent is refused an application to court can be made for an appropriate order to resolve the stalemate.
The defendant delivery of a notice of intention to defend does not waive any rights to object to the court's jurisdiction or any irregularity or impropriety in the proceedings. Where a notice is delivered later than the expiry of the dies it remains valid as long as a default judgment has not been granted. In such an instance where a notice of intention to defend was delivered after the plaintiff lodged the request for default judgment, the plaintiff will be entitled to the costs of the request for default judgment, even though the judgment was not granted.
An amendment to this rule requires an affidavit where a claim is based on a liquid document. The other amendment relates to the deletion of the option of making payments into court as a means of defeating the purpose of the summary judgment application.
A summary judgment application can be brought by a plaintiff in an action matter where although the defendant files a notice of intention to defend, the plaintiff believes that the defendant has no defence.
ï· a claim for ejectment.
It must be noted that a claim for ejectment from a residential property must comply with the provision of the PIE Act.
A plaintiff must apply for summary judgment within 15 days after a notice of intention to defend was delivered and 10 days' notice must be given to the defendant of the date on which the application will be heard. The notice of application must be in accordance with Form 1A of Annexure 1. It must be accompanied by an affidavit Form 7 of Annexure 1, which is made by the plaintiff or any other person who can swear positively to the facts. The affidavit must verify the cause of action and the amount, if any, claimed. Summary judgment has been refused in some cases because the cause of action was not verified and in others because the amount was not verified. Without this verification, there is no evidence before the court in support of the plaintiff's claim.47 The particulars of claim should, however, not be repeated in the affidavit, nor may any additional facts be introduced by way of the affidavit.
The affidavit must contain a statement that the deponent believes that the defendant has no bona fide defence to the claim and that appearance to defend has been entered solely for the purpose of delaying the action.49 15.
This rule was not amended. A provisional sentence summons must be in accordance with Form 2A of Annexure 1. It calls a person to pay the amount claimed or failing payment to appear in court to admit or deny liability personally or by practitioner. The day is stated in the summons which cannot be less than 10 days after the service upon him or her of such summons. Rule 5 also applies to this rule. Copies of all documents upon which the claim is founded will be annexed to the summons and served.
The defendant may deliver an affidavit setting forth the grounds upon which he or she disputes liability. This must be done not later than three days before the day upon which he or she is called upon to appear in court. A plaintiff is also afforded a reasonable opportunity to reply to the affidavit. The court may hear oral evidence as to the authenticity of the defendant's signature, agent's signature or authority, or to the document upon which the claim is based on. Where the court refuses provisional sentence it may order the defendant to file a plea within a stated time and may make such order as to the costs of the proceedings as it deems fit. Rules relating to pleadings are applicable. If security is demanded by the defendant, the registrar or clerk will decide the amount. A defendant entitled and wishing to enter into the principal case shall, within two months of the grant of provisional sentence, deliver notice of his or her intention to do so, and he or she shall deliver a plea within 10 days thereafter. Where a plea has not been delivered, the provisional sentence becomes a final judgment and the security given by the plaintiff will lapse.
The declaration is a new inclusion in the magistrate court. It is based on high court rule 20. It provides that where a plaintiff has issued out a simple summons and only when the defendant has delivered a notice of intention to defend, the plaintiff shall within 15 days after receipt of the notice of intention to defend deliver a declaration. The declaration is a pleading which must comply with the provisions of rule 6. Rule 15(2) provides that a declaration must contain the nature of the claim, the conclusions of law and a prayer for relief. It must contain full details to enable the defendant to respond by way of plea. The new rules similar to the high court no longer provides for a procedure requesting further particulars to enable pleading. The provisions of old rule 15 have been abolished. Further particulars may only be requested in terms of new rule 16 for purposes of trial. Where a plaintiff has failed to deliver a declaration subrule (4) provides a means for serving a notice of bar by the defendant. Where a plaintiff has been barred from delivering a declaration the defendant may apply for absolution from the instance.
The old rules provided in r15 for the delivery of copies and for the inspection of the originals of all or any of the accounts or documents upon which the action was founded. A defendant was entitled to request for such copies prior to delivery of the plea. R16 provided for the delivery of such further particulars as were necessary to enable a party to plead.
R16 no longer allows for the request for further particulars for the purpose of pleading; it now allows only for further particulars as are strictly necessary to enable a party to prepare for trial. The request may be made by any party and only after the pleadings have closed. It is the pleadings which primarily determine what further particulars may be necessary, although regard may also be had to other documents such as reports of expert witnesses. The purpose is to prevent a party being taken by surprise at the trial and also to establish with greater certainty what a party intends to prove at the trial since the pleadings alone may not establish this with sufficient exactness. The requester may then prepare sufficiently in order to counter the allegations made by the other party. The request must be made not less than 20 days before the trial and must be complied with within 10 days after receipt of the request.
Failure to comply with the request may result in an application to court for an order to compel delivery or for the dismissal of the action or striking out of the defence; r60 and not r60A is therefore the appropriate rule. Note that r16(5) imposes a duty on the court to mero motu determine, at the conclusion of the trial, whether the request for further particulars as well as the reply, or both, were strictly necessary and to make an appropriate order for costs including costs on an attorney and client basis.
Insofar as the request for copies of accounts and documents and inspection of the originals for the purpose of pleading it should be noted that r23(13) and (15) provide for the obtaining of copies or transcriptions and inspection of the originals of any document or tape, electronic, digital or other form of recording before the close of pleadings. R23(13) provides that any party may at any time before the hearing give notice to any other party for copies and inspection of any document or tape or recording which are referred to in that other party's pleadings or affidavits. R23(15) removes any doubt and confirms that after appearance to defend any party may, for the purposes of pleading, require any other party to make available for inspection and copies a clearly specified document, tape or recording.
The contents of r17 reflect that of Uniform Rule 22 except that r17 retains the provisions dealing with tender from the old r19 of the Magistrates Court Rules. The plea has to be delivered within 20 days of delivery of the declaration, and, in the case of a combined summons within 20 days of delivery of the appearance.
Insofar as the material facts on which the plaintiff's claim is based it is incumbent upon the defendant to either admit or deny, or confess and avoid, or to state to what extent the facts are not admitted. The defendant is also obliged to clearly and concisely state all the material facts upon which he or she relies. R17(3)(b) also provides that the plea shall state any explanation or qualification of any denial where this might be necessary.
An important change from the old rule is that r17(3)(a) provides that where an allegation of fact is not stated to be denied or admitted then it shall be deemed to be admitted. The old rule was less severe in its application in that it provided that any allegation which was inconsistent with the plea was presumed to be denied and every other allegation was taken to be admitted. It is not difficult to anticipate the difficulties which might follow in the instance where, due to imprecise pleading, an allegation is not specifically denied but is nevertheless inconsistent with the plea. In the face of long established authority50 that the court should look rather at the substance than at technicalities of pleadings it is suggested that the common sense approach would be to allow an amendment in order to comply with the rule. In any event, a court is hardly likely to ignore a plea which is clearly inconsistent with an allegation of fact which has not been specifically denied especially where the other party has not taken any step under r60A.
'The plea must be read in its totality and as one composite document. As pointed out by the Court a quo, whilst it is true that Rule 22(3) provides that every allegation of fact 'which is not stated in the plea to be denied or to be admitted, shall be deemed to be admitted', this does not mean that the Rule should be applied 'piecemeal to a party's averment; nor can it be applied so as to deprive a party of a defence which is plainly, though perhaps imprecisely, raised on the pleadings'.'
R17(4) provides for the postponement of judgment on the plaintiff's claim, pending judgment on the claim in reconvention, where the defendant claims that judgment on the claim in reconvention will have the effect of extinguishing the plaintiff's claim. This does not prevent the court from giving judgment on that portion of the plaintiff's claim which will not be extinguished provided that no other defence has been raised as regards that portion.
The provisions relating to tender provide that any plea of tender as to part of the amount claimed should be accompanied by securing of the amount tendered to the satisfaction of the plaintiff on delivery of the plea.
50 Robinson v Randfontein Estates GM Co Ltd 1925 AD 173 the amount tendered to be paid into court. Unless otherwise stated, a tender in the plea implies that the costs until the date of such tender shall be borne by the tenderer.
Should the defendant fail to comply with the provisions of subrules (2), (3) and (5) of r17, then it shall be an irregular step and the plaintiff may act in terms of r60A.
The previous heading to this rule was 'Payment into Court'. It should be noted that here as well as elsewhere in the rules there is no longer any provision for payment into court. Clearly this would ease the administrative burden on the clerk of the court, registrar and other court support staff. As with the deletion of provisions requiring payment of certain court fees and stamp duties, it would seem that the effort and expense related to the giving of effect to such provisions from an administration perspective is not worth the amount recovered or the need for the continued existence of such provisions. Rule 18, as per the August 2010 amendments, mirrors Rule 34 of the Uniform Rules of the High Courts.
The benefit in making an offer of settlement or a tender is that the tenderer may be protected from further litigation, or, at the very least, the tenderer is protected against costs which may be awarded for the period after the date of the offer or tender. Indeed a plaintiff who rejects a tender and insists on proceeding further runs the risk of an adverse order for costs. Careful consideration should therefore be given to any tender and a court should ensure that awards or orders do not dilute or negate the provisions of the rules relating to such tenders.
Rule 17(5) provides for a tender that is pleaded in the defendant's plea, i.e. the tender is part of the record. Rule 18 contemplates a tender which does not form part of the formal pleadings; in fact the rule makes strict provision for nondisclosure of the tender until after judgment has been granted51, so that a court trying the matter may not be influenced by the tender in arriving at its decision on the merits. The previous Rule 18(9) provided for nondisclosure where the claim was for damages or compensation but the new rule refers to all offers or tenders made without prejudice in terms of the rule.
A tender in terms of rule 18 may be either unconditional or without prejudice. An unconditional tender is one where the defendant admits liability to either the whole or part of the claim. In the event of the latter the plaintiff may accept the tender in respect of that part of the claim to which the tender relates and proceed with litigation in respect of the remainder of the claim which is disputed. In the event that the defendant succeeds in its defence in respect of the remainder it will be entitled to a costs order in its favour for costs incurred during the period after the date of the tender.
A without prejudice tender is a tender which is made with the disavowal of liability, as an offer of compromise, and very often stated to be "for the sake of settlement without further / unnecessary costs being incurred". Should the plaintiff reject the tender and proceed to trial and is unable to prove more than the amount tendered then the defendant would be entitled to an award of costs in respect of the costs incurred during the period after the tender was made.
Rule 18 differentiates between tenders made in actions where money is claimed and tenders made in actions where the claim is for performance of some act by the defendant. Where the tender relates to a money claim, the tender must be in writing and signed by the defendant or his or her attorney who must be duly authorised in writing. Where the claim relates to the performance of an act, the tender may indicate that the defendant tenders to perform the act personally, or, where the tender indicates that another person will perform the act on behalf of the defendant then the tender must be accompanied by the delivery to the registrar of an irrevocable power of attorney authorizing the performance of such act. Although subrule (2) does not state that the tender must be in writing where the claim relates to performance of some act by the defendant, it is clear from a proper reading of subrule (5) that the tender must be in writing whatever the nature of the claim.
Subrule (3) provides for an offer of settlement by any party to the action who may be ordered to contribute towards an amount for which any other party may be held liable, and includes an offer of settlement by any third party from whom relief is claimed in terms of Rule 28A.
52 E.g. in terms of the Apportionment of Damages Act 34 of 1956 amount of damages. The offer may be unconditional or without prejudice and may be an offer to pay a specific amount or in a specific proportion, or the offer may constitute an indemnity with the full terms thereof being set out in the offer. Subrule (4) makes provision for one of several defendants as well as any third party from whom relief is claimed, to make an offer to settle the plaintiff's or defendant's claim.
Subrule (5) provides that notice of any offer or tender shall be given to all the parties and shall state whether the tender is unconditional or without prejudice, whether the amount of the tender includes both claim and costs or the claim only, whether it includes an offer to pay costs and if not then reasons for such disclaimer, and whether the tender is subject to any conditions which must be stated in the notice. Where the costs only are in dispute subrule (5) (d) provides that the action may be set down on the question of costs alone. Subrule (9) deals with the situation where the tender which has been accepted by the plaintiff does not specifically state that it is in satisfaction of both claim and costs; i.e. it does not comply with the requirements of subrule (5) with regard to the costs in that it does not state whether the amount tendered includes costs and claim, whether it includes an offer to pay costs separately from the claim, or whether liability for costs is disavowed and the reasons therefor. In such an instance application may be made on notice of not less than 5 days for an order for costs.
The party may accept the offer within 15 days or thereafter with the consent of the defendant or third party or by order of court. In the event that, within 10 days after acceptance, the tenderer fails to pay or to perform in accordance with the tender then application may be made for judgment on 5 days' notice to the party who has failed to perform.
A tender which has not been disclosed, the secret tender, may be brought to the attention of the court when considering the costs and after judgment on the claim. Even after the court, in ignorance of the tender, has granted judgment on costs the court may consider the question of costs afresh.53 It should be noted that the court's discretion remains unfettered and it always has overriding discretion as to the apportionment of costs.
also penalize with a costs order a party who has caused a secret tender to be disclosed to the court prior to judgement even if that party is the successful party.
An offer of settlement in terms of Rule 18 may also be made in motion proceedings, or to a claim in reconvention.
Neither Rule 17 nor Rule 18 precludes a commonlaw tender. The normal rules relating to offer and acceptance apply to such a tender. A commonlaw tender when pleaded may protect the defendant against costs if the plaintiff is unable to prove more than the amount of such tender.
Claims for damages arising from personal injuries or out of the death of a person notoriously take considerable periods of time to be resolved, very often taking many years before the claimant may actually receive any compensation. The unfairness to the claimant is frequently exacerbated by the fact that the liability of the defendant has been confirmed, yet payment is delayed through lack of agreement on the actual quantum of damages to be paid to the claimant. In 1987 Rule 34A of the Uniform Rules introduced a procedure in the High Court which allows for interim payment or payments to be made by certain defendants to certain claimants under certain circumstances and strict conditions. Rule 18A is substantively identical to Rule 34A of the Uniform Rules.
It is a prerequisite that either the defendant must have admitted liability in writing for the plaintiff's damages or that the plaintiff must have obtained judgment against the defendant on the issue of liability for damages to be determined. A letter confirming admission of liability is sufficient proof and no formal document is necessary.
An order for interim payment may only be made against a defendant who is insured in respect of the plaintiff's claim or has the means available to enable such payment to be made.
It should be noted that interim payment may only be claimed in respect of claims for medical costs and loss of income. Interim payment cannot be ordered in respect of general damages. Although it has been held56 that the rule does not prohibit interim payment in respect of future medical costs and future loss of earnings it must be borne in mind that the Road Accident Fund Act 56 of 199657 limits the liability of the Fund to interim payments only for medical costs and loss of earnings already incurred or suffered. In actions against the Fund therefore the Act prohibits any order for future amounts. It has also been held that the Rule also allows interim payment for maintenance arising out of the death of a breadwinner58.
An application, in accordance with Rule 55, may be made at any time after entry of appearance to defend. The supporting affidavit shall set out the grounds for the application and all documentary proof or certified copies thereof should accompany the affidavit. It has been held however that substantial compliance is sufficient and where documents previously supplied to the defendant are not annexed it would not be fatal to the application59. Although the court, in exercising its discretion, is not required to make a preliminary finding on the quantum of the actual damages it would nevertheless be essential to have regard to the plaintiff's prospects in the final award to be made to enable the court to award a suitable proportion as an interim award. The amount awarded as an interim payment should not exceed a reasonable portion of the amount likely to be finally recovered by the plaintiff and any contributory negligence, set off or counterclaim should be taken into account. The amount of the interim payment shall be paid in full unless the court otherwise orders.
More than one application for interim payment may be made. Good cause must be shown in each instance, and any subsequent application must also indicate how the previous payment had been utilised.
The interim award may not be pleaded and may not be disclosed to the court dealing with the trial of the matter until the trial court has determined the issues before it.
In view of the potential prejudice which may be suffered by the defendant the further conduct of the matter is strictly regulated by Rule 18A. If the plaintiff fails to prove its damages at the trial then the defendant would be entitled to a full refund from the plaintiff. Thus the court hearing the application for the interim payment may give directions as to the further conduct of the action, and the court may also order the early trial of the matter. The action may also not be discontinued or withdrawn without the consent of the court. The trial court in making its final order, or when granting leave to discontinue or withdraw the action, or at any stage upon application, may make an order which is just and equitable in respect of the interim payment. It may order the plaintiff to refund all or any portion, order that the payment be varied or discharged, or order a codefendant to make a payment to the defendant who is entitled to recover such portion as a contribution or indemnity from the codefendant.
Rule 20 provides a convenient mechanism for a defendant to claim in reconvention, or counterclaim, in the same action rather than instituting a separate action against the plaintiff. However, it should be borne in mind that the main action and the counterclaim are separate and distinct actions, each with its own pleadings and each capable of standing on its own in the event of either the main claim or the counterclaim falling away for some reason. The counterclaim need not be related in any way to the main cause of action and may be in respect of a completely different matter.
The counterclaim may be contained in the plea itself, in a distinctly headed portion of the plea, or, it may be contained in a separate document. The title of the matter will remain the same, i.e. it will follow the original action, with reference being made in the counterclaim to the fact that the defendant in convention is the plaintiff in reconvention and the plaintiff in convention is the defendant in reconvention.
The counterclaim must be delivered together with the plea. If the plaintiff agrees, or if the court allows, it may be delivered later.60 It is not proper to lodge a counterclaim subsequent to the delivery of the plea by amending the plea so as to introduce the counterclaim.
Subrule (2), following rule 24(2) of the Uniform Rules, introduces a new procedure in the magistrates' court, subject to the leave of the court. It allows a defendant to proceed, in the counterclaim, against the plaintiff as well as against any other person in the event of the defendant being entitled to proceed against both, whether jointly, jointly and severally, separately or in the alternative. The procedure therefore allows a new party to be brought into the matter although the plaintiff had no intention of joining such party in the matter when the action was initiated. The rule requires a prior application to court for leave to counterclaim in this manner and on such terms as the court may direct. In such application the defendant will only be required to show that he is entitled to take action, and it is not necessary to make out a prima facie case for the relief claimed in the counterclaim.62 It must be noted that subrule 3 provides for the addition of a further title in respect of the counterclaim, corresponding to what would be the title of any action instituted by the defendant against the parties in the counterclaim. All subsequent pleadings would therefore reflect both titles relating to the claim and the counterclaim. This is subject to the use of any reasonable abbreviation in terms of the provisions of rule 6(2).
A conditional counterclaim, provisional on the result of the claim or the defence is competent.
If the counterclaim exceeds the jurisdiction of the magistrates' court then Rule 20, and in particular subrules (5), (6) and (7), must be considered together with section 47 of the Magistrates Court Act. Section 47 provides for the stay of an action where the counterclaim exceeds the jurisdiction of the court. This gives the defendant an opportunity to institute an action in the competent court and to which the plaintiff may counterclaim notwithstanding the fact that the plaintiff has an action pending in the magistrates' court.
63 Subrule (4).
of the costs incurred in the magistrates' court. Should the defendant fail to take the opportunity to launch proceedings in the appropriate court within the time limits given, or any further period allowed by the court, or if the action in the competent court by defendant is stayed, dismissed, withdrawn or abandoned, or absolution has been ordered, then the magistrates court may in the original action, upon application, dismiss the counterclaim and proceed to determine the main action.
A counterclaim which does not comply with rule 20 is an irregular step and subject to the sanction of rule 60A.64 22.
The plaintiff is required to deliver any replication (previously called the reply in the magistrates court, and the new terminology being consistent with that of Uniform Rule 25) which might be necessary within 15 days of receipt of the plea. Where a counterclaim has been delivered then the plaintiff must also deliver the plea to the counterclaim within the same period.
It is not necessary to deliver a replication which is simply a denial or an indication that the issues must be tried by the court.66 Failure to replicate in respect of any of the issues raised in the plea does not amount to an admission67; it will be noted that with regard to the drafting of a plea the position is somewhat different in that in the absence of the specific denial of any allegation in the declaration such allegation will be deemed to be admitted.
A plaintiff is not entitled to raise a new cause of action in the replication. This must be done by way of amendment of the declaration.
Previously the reply was the final pleading before close of pleadings in the magistrates' court.
"under the names by which they are customarily known". The practice in the High Courts will give guidance as to the nomenclature.
Close of pleadings has certain important consequences, e.g. a claim for general damages arising out of personal injury is transmissible on the death of the injured person if the death occurs after pleadings have closed. The parties may also set down the matter for trial and pretrial procedures may commence.
Where it is clear that a replication is not necessary the matter may be set down without waiting for the 15 days in terms of rule 21 to lapse.69 Otherwise pleadings will generally close upon expiry of the period for the delivery of the replication or any subsequent pleading without such delivery being made. The parties may also agree in writing that pleadings have closed. If the parties are unable to agree that pleadings have closed then the court may upon application declare pleadings to be closed.
A matter may be set down for trial by the plaintiff70 after the pleadings have closed by delivery of a notice of trial at least 20 days before the date of trial. The date must be approved by the registrar or the clerk of the court. If the plaintiff does not do so within 15 days of the pleadings having closed then the defendant may do so. The former rule 27(5) gave the defendant the option of making application to dismiss the action if the plaintiff had failed to set down the matter within 15 days after pleadings had closed; however, this provision has now been deleted.
Subrule (4) now provides for the intervention of the magistrate before a trial date is allocated by the registrar or the clerk of the court. The rule ostensibly is for the magistrate to determine whether a pretrial conference is necessary, which is in itself a commendable amendment. However, it also enables the magistrate to ensure that the court file is in order and that the matter is indeed ripe for trial. Together with, inter alia, the provisions of rule 63(3)71 and rule 1(3)72 the danger of matters unnecessarily clogging the court rolls is now much reduced. It should be noted that a prompt determination by the magistrate is necessary since the trial date shall be allocated within 10 days of the receipt of the application for trial date.
The heading of Uniform Rule 35, 'Discovery, inspection and production of documents', would have been more appropriate since rule 23 deals with all of these aspects rather than just discovery. The use of the word 'documents' is also restrictive since the rule in fact deals with the discovery, inspection and production of 'documents and tape, electronic, digital or other forms of recordings'. The old rule 23 has been replaced by the entire rule 35 of the Uniform Rules with certain amendments.
It is noteworthy that it is not compulsory for a party to utilize the discovery procedures.73 However, failure to do so may result in unnecessary delay at the trial, and also additional costs being incurred where a matter needs to be postponed as a result of inadequate preparation. Legal representatives run the risk of costs orders de bonis propriis where satisfactory explanation is not forthcoming as to why the rule was not properly utilised.
'expeditious handling of disputes and the minimization of costs involved'.
73 The word 'may' is used in 23(1), 23(3), 23(5), 23(6), etc.
The discovery procedure is the same but it is no longer restricted to either the plaintiff or defendant delivering notice to discover to the other. Subrule (1) refers to 'any party to any action' and therefore plaintiff and defendant may now require discovery also from coplaintiffs and codefendants.75 2.
In matters where the Road Accident Fund is a party, discovery may be obtained against the driver or owner of the insured vehicle covered by the RAF Act.
Similarly, if the 'insured' vehicle is owned by the state, government, or a person or body of persons entitled in terms of the RAF Act to arrange its own cover, then discovery may be obtained against the driver of such vehicle.
In a matter where a plaintiff sues as a cessionary, the defendant may obtain discovery against the cedent.
Form 14 is the appropriate form to be used for the notice.
The discovery procedure may also be utilised in applications subject to the direction of the court.76 4.
The notice to discover is given after close of pleadings, but may be given before the close of pleadings, with the leave of the court.77 5.
A procedure for 'further and better discovery' is provided by subrule (3) in the event that a party is not satisfied with the discovery that has been made by the other party under subrule (2). A notice is given requiring the party to make the documents or recordings available for inspection in accordance with subrule (6). Although the documents or recordings which are required to be inspected need not be specified with very great accuracy they must nevertheless be described with sufficient accuracy in order to be identified.
party's possession then this must be stated on affidavit, and, if known, the whereabouts of the documents or recordings must be stated.
Subrule (6) allows a party to give notice78 to a party who has made discovery for the inspection of the discovered documents and recordings. The response would be by way of a Form 15A notice which would give the necessary arrangements for the inspection either at the office of the attorney or such other convenient place. The party receiving the Form 15A notice will be entitled to inspect and take copies or transcripts of the documents and recordings.79 A party who fails to produce any document or recording for the inspection will not be able to use it at the trial except with the leave of the court.80 7.
A party who has failed to disclose a document or recording in its discovery affidavit will not be allowed to use it at the trial except with the leave of the court, although any other party may use such document or recording at the trial.81 A party who has failed to discover, or, has failed to give a time for inspection, or, has failed to give inspection, may upon application by the other party be ordered to comply, and should he fail to comply with the order of the court, then the court may dismiss the claim or strike out the defence.82 8.
It will be noted that in terms of rule 23(1)(a) discovery may be required in respect of any documents or recordings 'relating to any matter in question in such action' and 'which are or have at any time been in the possession or control of such other party'. Whether or not the document or recording will be used at the trial is not crucial at that stage, nor may discovery be required of documents or recordings which have not been in the control or possession of the other party. Rule 23(9) on the other hand relates to documents or recordings intended to be used at the trial of the action, in whosoever's control or possession it might be, and provides for the giving of notice by one party to any other party to specify in writing particulars of the dates and parties of or to any such document or recording.
82 23(8), See also rule (60).
close of pleadings and the party receiving such notice shall not less than 15 days before the trial date deliver a notice giving the dates of and parties to and the general nature of such documents and recordings as are in his possession, or giving identifying particulars of any document or recording not in his possession and also giving the name and address of the person in whose possession such document or recording is.
Subrule (10) is in a sense, the reverse of subrule (9). A party who intends to prove any document or recording at the trial may give notice in accordance with rule 23(10)(a) to any other party requiring that other party to admit that such document or recording was properly executed and is what it purports to be. Should there be no response from the other party then the document or recording may be produced without proof at the trial of the matter as against such other party.83 Of course if it is disputed that the document or recording produced at the trial is any different from that referred to in the notice then it would be necessary to prove that the document or recording is in fact the same. If the other party responds by giving notice that the document or recording is not admitted then the document or recording will need to be proved but the other party may be ordered to pay the costs of such proof.
In order for any party to 'subpoena'84 any documents or recordings in the possession of any other party who has made discovery, a notice in terms of rule 23(11)(a) is necessary, requiring the other party to produce at the hearing the original of such document or recording provided that it is not privileged. The notice must be given not less than 5 days before the trial date but may even be given during the course of the trial if the court allows.85 This procedure has the benefit that the document or recording shall be receivable in evidence without calling any witness.86 During the course of any proceeding, the court has the power to order a party under oath to produce any document or recording 'in his or her power or control relating to any matter in question in such proceeding as the court may deem fit'.
84 A party is not a 'witness' and cannot be subpoenaed in the way that a witness may be subpoenaed.
The discovery procedure is generally regarded as pretrial procedure which is appropriate only after pleadings have closed and for the purpose of preparing for trial. The previous rule 15 allowed a defendant to obtain copies of documents on which the plaintiff's action was founded, and the previous rule 16 enabled a defendant to request for further particulars for the purposes of pleading. In terms of the new rules there is no longer provision for a request for further particulars for the purposes of pleading. The new rule 16 instead makes provision for a request by any party, after close of pleadings, for further particulars as are strictly necessary to prepare for trial.
Where a pleading or affidavit refers to any document or recording, then any party may, at any time before the hearing, give notice for the inspection and making of copies or transcripts of such document or recording.89 A party who fails to comply would not be able to use the document or recording at any proceeding, without leave of the court, but the other party will be entitled to do so.90 b.
After appearance and for purposes of pleading, a party may require any other party to make available for inspection and to make a copy or transcript of any clearly specified document or recording.91 The document or recording must be relevant to a reasonably anticipated issue in the action.
88 There is no longer any restriction to documents 'upon which the action is founded' and 'any party', not only the defendant, may require inspection and copies.
Rules 23(13) and 23(15) may also operate to save a defective pleading to which a written contract has not been annexed as required by rule 6(6): the other party may call for such document before pleading.
An important difference in the High Court discovery procedure is that Uniform Rule 37(1) makes it compulsory for a party who receives notice of the trial date to deliver a discovery affidavit which complies with rule 35(2). The effect of this rule is that even if a party had not been given notice to deliver a discovery affidavit he would nevertheless be required to do so prior to the trial date. There is no similar rule in the magistrates' court.
The only amendment is the addition of rule 24(5A) which provides that any party claiming damages arising from the death of another person may be requested to undergo a medical examination to determine his state of health if it is alleged that his state of health is relevant for the purpose of determining the damages. The claimant's own state of health would be relevant insofar as his ability to work and life expectancy are factors to be taken into account in determining the quantum of damages.
There are important changes relating to the pretrial conference procedure affected by rule 1(3) and rule 22(4).
Rule 1(3) provides that at the pretrial conference the court may dispense with any provisions of the rules and give directions as to further procedure to be followed in order to dispose of the matter in the most expeditious and least costly manner. This must be done in order to promote access to the courts or when it is in the interest of justice to do so.
In terms of rule 22(4) the registrar or clerk of the court shall, prior to allocating a trial date, take the court file to the magistrate for the purpose of considering whether a pretrial conference is necessary.
The provisions regarding withdrawal of a matter93 and abandonment94remain unchanged.
The previous rule 27(5) provided the defendant with an option to make application for the dismissal of plaintiff's claim where the plaintiff had failed to give notice of trial within 15 days of the pleadings having closed. In terms of rule 22(1) the defendant could have chosen to give notice of trial himself. Now the latter provision only remains, i.e. the defendant no longer has the option of making application to dismiss the plaintiff's claim.
The new rule 27(5) provides that the applicant or plaintiff shall inform the registrar and the clerk of the court as well as other parties, by delivering notice, if a matter has been settled, or if there is an agreement to postpone or to withdraw.
Subrules (6) to (9) deal with the recording of a settlement, making such settlement an order of court, and for application to court for entry of judgement where the recorded settlement has not been complied with. The previous subrule (9) provided that application to court for entry of judgment had to be made within 12 months of the failure to comply. The new rule provides that the application may be made 'at any time' and the restriction of 12 months has been removed.
Subrules (1) and (2) relating to application to intervene and the joinder of an additional party remain unchanged. Subrules (3), (4) and (5) have been added.
Subrule (3) provides that a plaintiff may join several causes of action in the same action. Uniform Rule 10(2), being the equivalent rule in the High Court, has been interpreted as meaning that substantially the same relief must be claimed against each of the defendants where there has also been joinder of defendants, i.e. causes of action ought not to be joined where different relief, having nothing to do with each other, is claimed against different defendants.
The court may, on application, order separate trials either in respect of the causes of action or in respect of the parties.
Subrule (5) provides for the consolidation of actions on the ground of convenience where separate actions have been instituted. The matters may then proceed as one action and one judgment may be given disposing of all matters in dispute.97 This is a welcome addition to the rules since there was previously much uncertainty as to whether consolidation was permissible in the magistrates' courts in the absence of a specific rule.
This rule has been adopted from the Uniform Rules (rule 13) with one important difference: the rule in the High Court does not specifically provide for an executable judgment to be entered against the third party defendant.
It has been held98 in the High Court that where the third party was alleged to be a joint wrongdoer, no judgment sounding in money could be sought against such third party but only an apportionment of fault in the form of a declaratory order; however, where the third party was not alleged to be a joint wrongdoer, i.e. the notice was served on some other basis, then there was no reason in principle why a judgment sounding in money could not be issued against a third party.
Insurance Co Ltd v Zervoudakis 1967 (4) SA 735 (E).
or more persons who are allegedly jointly or severally liable in delict to a third person (referred to as the plaintiff) for the same damage.
Rule 28A(10) in the magistrates' court goes much further than UR 13 and provides that where a court makes a decision as to the respective liabilities of a defendant and a third party defendant, in respect of the claim of the plaintiff, then either the defendant or the third party defendant who pays the full amount of the plaintiff's claim or more than its fair share, will be entitled to execute against the other defendant for the amount as decided by the court. In other words, it is no longer necessary to sue the other defendant for a contribution in a separate and subsequent action.
The third party notice therefore has the effect of adding a further action to the proceedings: in addition to the judgement in the action between the plaintiff and the original defendant, the notice now has the effect that judgment is granted in the claim by the original defendant against the third party defendant as well as in any possible counterclaim by the third party defendant in terms of rule 28A(6). In this respect rule 28A achieves the same purpose as a consolidation of actions and thereby avoids a multiplicity of actions.
Registrars and clerks of the court must be wary of the fact that more than one execution process may be issued by more than one judgment creditor and against more than one judgment debtor in a matter, arising out of the multiplicity of orders which might be given in such matters. Care must be taken to ensure that the process which may be issued against a particular judgment debtor reflects the correct amount which may be recoverable from such debtor. Likewise, judicial officers should endorse court files with sufficient detail, clarity and precision.
Rule 28A(10) also seems to resolve the difficulty which would be caused by a counterclaim by the third party defendant against the original defendant: it would not be fair to grant judgment on the counterclaim while not being able to grant judgment on the third party claim by the original defendant against the third party defendant.
99 S2 of Apportionment of Damages Act 34 of 1956 plaintiff has instituted the action and the court cannot grant judgment for plaintiff visavis the third party who has been joined by the original defendant100. All that the rule does is to address the relationship between the defendants inter se: the decision by the court on the respective amounts of liability of the defendants results in a judgment which may be executable. It is no longer necessary for a defendant to institute a further action in order to recover a contribution. It is submitted that the decision of the court must be in respect of the actual amount (quantum) of the plaintiff's claim as well as the respective amounts payable by each of the defendants. A finding only on the respective degrees of negligence of the defendants, without any decision on the quantum of a claim, is an incomplete resolution of the matter and cannot be executable except possibly in respect of costs.
Rule 28A(10), while it may be regarded as being complementary to the procedure in the Apportionment of Damages Act 34 of 1956101, goes even further. That Act provides the procedure for a joint wrongdoer, who has paid the plaintiff's damages in full or in excess of his responsibility as determined by the court, to 'recover from any other joint wrongdoer a contribution'.102 The recovery takes place through a subsequent action. Prerequisites are a decision by a court on the respective degrees of responsibility for the damages, and the fact that payment has been to the plaintiff of the full amount of the claim or an amount in excess of the payer's responsibility for the damages. The Act does not provide for an executable judgment to be granted in the original action as against the third party defendant; all that is contemplated is a declaratory order.
Rule 28A(1) provides two alternative bases upon which a litigant may join a third party. Subrule (1)(a) relates to a claim for a contribution or indemnification from the third party in respect of the relief which is claimed in the action, and subrule (1)(b) allows a third party notice for the reason that a question or issue which has arisen between the party and the intended third party is substantially the same as any question or issue in the action and it is proper that such question or issue be determined at the same time in respect of all the parties.
Although it is more commonly a defendant who issues a third party notice, the rule does not preclude a plaintiff from doing so. The notice must be served by the sheriff. The notice must be similar to Form 43 and must state the nature and grounds of the claim, the question or issue to be determined and state what relief or remedy is claimed. Details of the claim, following the rules of pleading relating to summonses, must be set out in an annexure to the notice and copies of all the pleadings filed in the matter up to the date of the notice must be attached to the notice which is served on the third party. Copies of the notice, without copies of the pleadings, must be filed with the registrar or clerk of the court and served on all other parties. If the third party notice is to be served after pleadings have closed then prior leave of the court is necessary. Unless a court is satisfied that the applicant's case is clearly without merit, factual and legal issues raised in an application for leave to issue the third party notice are rather to be determined at the trial or to be addressed in the pleadings which the third party is entitled to file in terms of Rule 13 and where it cannot be said that the applicant's claims are so patently unfounded that the application should be refused, the application for leave should be granted.103 31.
Subrule (2) has been amended in order to provide that, in the event that a defendant or respondent does not appear at the trial or hearing, then the court may grant judgment against the defaulting party 'after consideration of such evidence, either oral or by affidavit, as the court deems necessary'. This simply formalises an existing practice for a court would be unable to grant judgment in a claim for damages without evidence as to the quantum of such damages. The addition confirms the presentment of evidence both by way of affidavit and orally is acceptable.
Subrule (3), though not a new rule, is worthy of mention for two reasons. Firstly, in action proceedings it equates the dismissal thereof to a decree of absolution from the instance. This is of significance since res judicata does not follow upon such an order. Note however that in an application the dismissal thereof is equivalent to refusal.
provides for a court, upon application, to stay a subsequent action based on substantially the same cause of action if the costs of the first action have not been paid.
This rule has two significant amendments to it. The balance of the subrules remain the same. Rule 33(5)(c) refers to civil regional court matters including divorce or matrimonial matters. It sets out that on a party and party basis an attorney is entitled to fees contained under scale C that are set out in Table A of Annexure 2. In addition the attorney is entitled to necessary expenses. However where a civil matter in the regional court whose monetary value falls within the jurisdiction of the district court, on a party and party basis, will attract fees similar to the district court provisions under subrule 5(a) even though such a claim has been instituted in the regional court.
A further inclusion is found in r33(8)(d). It provides for the situation where there is no specific provision in the rules for costs which have been reasonably incurred, the court may give direction as to the manner of taxation of such costs as may be necessary.
This rule deals exclusively with the fees of the sheriff of court and not with the clerk of court. The former rule 34(4) has been deleted which referred to fees of the clerk of court that referred to Table E of Annexure 2. It is noteworthy that Table E is completely deleted that contained fees for copies, stamps etc.
Unfortunately there are no changes to this rule although it urgently requires an update. This rule ought to be aligned with the similar rule in the high court dealing with review of taxation.
There are no changes to rule 52, however it is highlighted in respect of costs recoverable by practitioners and non practitioners. In terms of rule 52(1) no persons other than a practitioner shall be entitled to recover any costs other than necessary disbursements. Only attorney and advocates are entitled to fees contained in annexure 2 of the rules. It is noteworthy that debt collector are in terms of the Debt Collector's Act also entitled to fees that are prescribed in the debt collectors tariff and not those contained in annexure 2 of the rules.
The old rule has been substituted in its entirety and although the new rule is not constructed identically to UR rule 6 much of the latter is reflected therein. The authorities on the UR rule might therefore be more appropriate rather than those pertaining to the old rule 55 of the MC.
At the outset it must be borne in mind that Rule 55 is of general application and there are other rules dealing with specific types of applications, e.g. rule 14 deals specifically with summary judgment applications.
'Where there are specific provisions in the Rules which provide for a particular form of application, such specific provisions must be followed, and not more general provisions.'
Rule 55(1)(a) states that 'Every application shall be brought on notice of motion supported by an affidavit '. This might be misleading in that a supporting affidavit may not be essential in every application. Subrule (3)(e) provides for service of an order made ex parte and of 'the affidavit, if any, on which it was made' and clearly contemplates that such an order may be made without there being a supporting affidavit to the application. Subrule (4)(a) provides for interlocutory applications to be 'supported by affidavits if facts need to be placed before the court'. Although subrule (5)(b) provides that an urgent application must be supported by an affidavit explaining the urgency, subrule (5)(a) states that a court may 'make an order dispensing with the forms and service' and dispose of a matter 'in accordance with such procedure as the court deems appropriate'. It is noteworthy that the old rule 55(2) provided that 'except where otherwise provided, an application need not be supported by affidavit ...' and the old rule 55(6) stated that 'except where otherwise provided, an ex parte application shall not, unless required by the court in any case, be supported by affidavit or other evidence'.
There are two forms for the notice of motion, referred to as the short form (Form 1) and the long form (Form 1A). Except for ex parte applications, every notice of motion must be similar to Form 1A.104 The main difference between the old form and Form 1A is that the latter now makes provision for notifying the respondent of the need to deliver notice of intention to defend and the answering affidavits, as well as stating the service address of the applicant and requiring the respondent to state its service address.
Although Form 1A makes provision for a date when the matter will be heard if the matter is unopposed the applicant is nevertheless required to file a notice of set down 5 days before the matter is to be heard. Only then will the matter be enrolled by the registrar or the clerk of the court. It is fairly common for attorneys to overlook this requirement, or for the set down to be mislaid, resulting in unnecessary exchanges on motion court days. It may be advisable for a notice in bold writing to be placed in the general office or for registrars and clerks of the court to, in some other manner, specifically draw this requirement to the attention of attorneys where this problem is experienced. When inserting the date for the hearing of the matter the applicant must choose a suitable date, bearing in mind that the respondent will have 5 days to give notice of intention to oppose105, the date of hearing must be not less than 10 days after service of the notice of motion on the respondent106, and the applicant is required to set down the matter 5 days before the date when it is to be heard107.
If the application is opposed then a notice of set down is not filed, the matter will not be enrolled, and the date for the hearing given in the notice of motion will simply fall away.
for some reason the matter does come up on the motion court roll on the stated date, nothing needs to be done and the court file must simply be refiled and the matter deleted on the roll as it has been incorrectly placed on the roll.
The respondent is required to deliver its answering affidavit within 10 days of delivery of the notice of opposition.108 Alternatively, within the same 10 day period, the respondent may give notice of intention to raise questions of law only.109 If no answering affidavit or notice to raise questions of law is delivered then within 5 days of the expiry of the 10 day period for delivery of the affidavit or notice the applicant may apply for a date for the hearing of the application.
Within 10 days after delivery of the answering affidavit the applicant may deliver a replying affidavit 110 and the court may permit the filing of further affidavits111. After all the affidavits have been filed, or upon expiry of the 10 day period for delivery of the replying affidavit where such affidavit was not delivered, the applicant may within 5 days apply for a date for the hearing of the matter112 and if he does not do so then the respondent may do so immediately upon expiry of the 5 day period113. The 5 day period for the applicant to set down the matter is not peremptory and the applicant is not precluded from setting down the matter outside of the 5 day period should respondent fail to do so114. Once the date has been allocated by the registrar or the clerk of the court notice of set down must be delivered to the other party not less than 10 days before the hearing date. Note however, that in terms of rule 55(6) the notice period for the set down of applications and for the return date of a rule nisi against any Minister, Deputy Minister, Premier, officer or servant of the state, or the State or the administration of any province shall be not less than 15 days after service of the notice of motion, or the rule nisi, as the case may be, unless the court has authorised a shorter period.
Form 1 (short form) is substantially similar to the old form.
a date and for a separate notice of set down to be delivered to the respondent. In order to maintain manageable court rolls it is suggested that, at least in the busier centres, arrangements be put in place for the date for the hearing to be inserted in consultation with the registrar or the clerk of the court. Bearing in mind the intended usage of Form 1, it does not make provision for stating the respective addresses for service and for notifying the respondent to give notice of opposition and any opposing affidavit.
The draft order must be prepared by the applicant and once granted by the court it must be signed by the registrar or the clerk of the court. A signed copy must be retained in the court file and a signed copy must also be served on the respondent in the case of an ex parte order.
Rule 55(2) introduces the novel procedure in the magistrates' court of allowing, as has been the practice in the High Court, 'any party' to any application proceedings to bring a counterapplication and also to join any party to the same extent allowed to a defendant in action proceedings. The periods prescribed for applications also apply to counterapplications. If good cause is shown, the court may order that the application be postponed and that the counterapplication be heard first as is competent with the claim and the counterclaim in action proceedings.
The notice of motion in ex parte applications shall be similar to Form 1. No notice is given to anyone either because notice is not necessary or because the relief claimed is not of a final nature. Rule 55(3)(a) specifies that an ex parte application shall not be considered by the court unless the giving of notice will defeat the purpose of the application or the matter is so urgent that the giving of notice may be dispensed with.
As indicated above, rule 55(3)(e) contemplates that it is competent for certain ex parte applications to be made without supporting affidavit. A copy of any affidavit must be served together with a copy of the order on the party against whom the order was made. The order granted against any person and which shall be in the form of rule nisi may be anticipated on 24 hours' notice (previously 12 hours' notice). Where the order is not granted against any person, such as order for directions as to service under the PIE Act, then such an order although granted ex parte may be of a final nature.
An ex parte application may be heard in chambers. On the return day the court may order any of the parties or deponents to any affidavits to give oral evidence and be subject to crossexamination.
Rule 55(4)(b) makes specific provision for applications for directions as to service or authority to institute proceedings to be made ex parte. The application for directions as to service under PIE may therefore be made ex parte and in chambers.
It should be noted that in terms of section 35 of the General Law Amendment Act 62 of 1955 it is not proper for an application to be brought ex parte against the State or State organs or officials.
These applications must be brought on notice. The application may be supported by affidavits if facts need to be placed before the court. Clearly, the rule contemplates that there may be situations where affidavits would not be necessary. The application must be set down with 'appropriate notice'. Note that the practice in the High Court allows for interlocutory applications to be heard on short notice.115 However, it would seem that the difference in wording between the new rule 55(4)(a) and Uniform Rule 6(11) is deliberately calculated to enforce the proper notice periods in the magistrates' courts. The differences in wording must be borne in mind when having regard to the case law in respect of the High Court practice.
"Interlocutory and other applications incidental to pending proceedings must be brought on notice, supported by affidavits if facts need to be placed before the court, and set down with appropriate notice."
"Notwithstanding the aforegoing subrules, interlocutory and other applications incidental to pending proceedings may be brought on notice supported by such affidavits as the case may require and set down at a time assigned by the registrar or as directed by a judge."
Rule 55(1)(d) provides that the notice of motion shall be similar to Form 1A in every application except for ex parte applications and rule 55(4)(a) provides for interlocutory and incidental applications to be brought on 'notice' but the latter does not state 'notwithstanding the aforegoing rules, nor does rule 55(1)(d) provide for any exceptions.
'The Rule 6 motion procedure has always been interpreted as referring to the initiation of 'fresh proceedings'. The words 'on notice of motion' used in the Rule have been interpreted as referring to such fresh legal proceedings An application to amend pleadings is interlocutory and not a fresh legal proceeding. The parties are already engaged in litigation and have already complied with the formalities of appointing attorneys and supplying addresses for the service of documents. It is not therefore necessary to repeat all of these formalities when seeking leave to amend pleadings which have already been filed in accordance with these formalities.
An application for leave to amend pleadings is indeed an interlocutory application which is 'incidental to pending proceedings' as contemplated in Rule 6(11) Thus the application for leave to amend a pleading must of necessity be an interlocutory application falling within the meaning of Rule 6(11). In terms of the latter Rule, such applications are brought 'on notice' and not on 'notice of motion'. The difference between these two concepts has been set out clearly in the past... An application brought on notice does not require a supporting affidavit unless the particular circumstances so require. That is why Rule 6(11) expressly uses the words, '. . . supported by such affidavits as the case may require . . .'. Not all applications for amendments will require affidavits as I have already set out above.'
In Government of The Islamic Republic of Iran v Berends 1998 (4) SA 107 (NM), it was held (at 120H/II/J and 123E/FF.) that in an application for the setting aside of a default judgment, the procedure applicable was by way of notice pursuant to Rule 6(11), as read with Rule 6(4)(a) under which it was necessary to use Form 2(a) of the First Schedule (i.e. the short form), and not by means of notice of motion prescribed by Rule 6(5)(a), which required the use of Form 2(b) of the Schedule (i.e. the long form). All that was required in terms of Rule 6(11) was a notice advising the other party that an application would be brought on a date assigned by the Registrar.
It was also held, (at 123CE), that the application was improperly launched by notice of motion in terms of Rule 6(5)(a) instead of being brought on 'notice' in compliance with Rule 6(11). The use of the wrong form of notice did not, however, result in a nullity, and as there was no indication that the respondent was embarrassed or prejudiced by the applicant's use of the wrong form, condonation of the use of the wrong form was granted.
These applications must be distinguished from ex parte applications where no notice at all is given of the initial hearing in the matter. Urgent applications involve the hearing of applications on lesser notice periods than is prescribed by the rules. Such an application must be accompanied by an affidavit which clearly sets out the circumstances which render the matter urgent and why the applicant would suffer prejudice if the prescribed time periods were to be observed. Note that these allegations are necessary over and above any allegations which may be necessary in respect of the merits in the matter. Generally a single affidavit covers both aspects and the applicant sets out the reasons why the court should hear the matter on short notice and seeks condonation for noncompliance with the general rules as to notice and service.
The 20 day period as provided in rule 49(1) within which application for rescission must be made is not applicable to applications in terms of r49(5). Rule 49(5) deals with the situation where a plaintiff has agreed in writing to rescission or variation of the judgment. The plaintiff or the defendant or any other person affected may make application (not request) at any time after the plaintiff has so agreed.
Rule 56 has been restructured and provides specific rules for the types of application which may be made under section 30 of the MCA. These types of applications are generally made ex parte. Subrule (1) provides that the application must be made in terms of rule 55. Every application must be supported by an affidavit and before granting the order the court may require additional evidence and require the applicant to give security for potential damages which may be caused.
Rule 55(3) deals with ex parte applications. Rule 55(3)(d) provides generally that the return day of any order granted ex parte may be anticipated upon delivery of not less than 24 hours' notice. Rule 56(5) provides that specifically in respect of an ex parte order for arrest tanquam suspectus de fuga the return day may be anticipated on 12 hours' notice. Clearly therefore, following r55(3)(d), the return day for the other types of applications referred to in r56(1), namely, an interdict or attachment or mandament van spolie, may be anticipated on 24 hours' notice.
In Malachi v Cape Dance Academy Int (Pty) Ltd [2010] 3 All SA 86 (WCC), arrests tanquam suspectus de fuga under the common law, the words 'arrest tanquam suspectus de fuga' in s30(1) of the MC Act, and the whole of s30(3) of the Act have been declared unconstitutional and invalid. Accordingly, the exception created by r56(5) falls away, and the return day in respect of all orders granted ex parte in terms of rule 56 may be anticipated on 24 hours' notice.
The previous rule provided for attachment of person as well as property under s30bis of the MCA. Attachment of the person was declared to be unconstitutional in Bid Industrial Holdings (Pty) Ltd v Strang & Another 2008 (3) SA 355 (SCA), and the new rule accordingly only deals with the attachment of property in order to found or confirm jurisdiction.
The application may be made ex parte and the supporting affidavit must contain certain information as specified in subrule (2)(a). The return date may be anticipated on 12 hours' notice and the copy of the court order served on the respondent must specifically state that the return date may be anticipated on 12 hours' notice.
Before granting the order the court may require additional evidence and for security to be furnished for any damages which may be caused.
Security for costs have been changed considerably from the existing rule. A party entitled to and desiring security for costs will deliver a notice setting forth the grounds upon which such security is being claimed and the amount demand. Where only the amount demanded is contested the registrar or clerk of court shall determine the amount. His or her decision in this regard is final. Unless the court directs or the parties have agreed, the registrar or clerk of court will determine the amount for security as well as will direct the manner and form in which the security will be given. The registrar or clerk upon written notice may increase an amount for security if satisfied that the original amount is no longer sufficient. The registrar's or clerks decision in this regard is final and no review may lie to the court. However where a party contests liability to pay security, fails or refuses to give security, the relevant party may apply to court on notice within 10days of demand for an order. It would demand that security be given or proceedings be stayed until such order is complied with. The court may if security so demanded is not given within a reasonable time, dismiss any proceedings instituted or strike out any pleadings filed by the party in default or make a fit order.
The requirements that all documents for filing must be legibly printed or typewritten on one side of good quality A4 paper are now contained in this rule. The rule also requires the use of concise paragraphs which must be consecutively numbered.
The plaintiff or applicant, in defended or opposed matters, is required to paginate, index and secure all pages in the matter and to deliver a complete index not later than 10 days before the hearing of the matter.
Copies of documents in a court file may be made by any person at the office of the registrar or the clerk of the court by prior arrangement. Note that it is unacceptable for files to be taken away for this purpose.
Rules 39(2) and (6) have been amended in order to provide for notice of sale to be given to other sheriffs for the area and to allow for acceptance of certificates of attachments from those sheriffs. After a sale in execution, a copy of the distribution account must be given and payment, if any, made to other sheriffs who provided certificates.
Rule 39(4), dealing with a claim by any third party to attached goods or to the proceeds of sale in execution has been amended, and r39(6), relating to nonliability for further costs, where the creditor admits the claim, has been deleted and both 39(4) and (6) are incorporated in r44 so as to consolidate the rules relating to interpleader proceedings in r44.
Rule 40(2) has been amended to provide that the sheriff shall notify all other sheriffs in the area for which the sheriff has been appointed, of his appointment as receiver in respect of a partner's share.
Rule 41(7)(e)(iii) now provides for the suspension of the period of 4 months for sale of movables to take place, such suspension to be effective from the date on which a claimant delivers an affidavit to the sheriff in respect of his claim, until final adjudication of the interpleader claim.
Rule 41(8)(c) provides that a sale in execution of movables must be advertised where the value of the goods is R5000,00 or more (increased from R3000,00). The advertisement must be placed in 'some local or other newspaper circulating in the district'. Note that for sale of immovable property rule 43(6)(c) provides that the advertisement must be placed in a newspaper 'registered with Audit Bureau of Circulations of SA'.
Rule 43(2)(c) makes provision for the sheriff to notify all the interested parties when attachment of immovable property has lapsed in terms of s66(4) and (5) of the MCA, i.e. the sale has not taken place within one year or such extended period as may have been allowed by the court. Rule 43(11) provides for the sale of immovable property to take place at a venue deemed fit by the sheriff (no longer states in front of courthouse). Rule 43(14)(a) provides for the purchase price to be paid to the sheriff who keeps it in trust until transfer of the immovable property; it is no longer required to be paid into court.
In respect of interpleader claims, rules 44(2) and (3) provide for a claimant to furnish an affidavit with certain specified information and if the creditor rejects the claim then interpleader summons is issued by the sheriff. There is no provision for filing of affidavits after summons and before the hearing and also no provision for the affidavit to be attached to the summons, although it would be good practice for the sheriff to attach the claimant's affidavit to the summons. At the hearing the court may order the claimant to state orally or in writing 'on oath or otherwise' the nature and particulars of his claim.
In r45, relating to s65 proceedings, reference to s19 of the Credit Agreements Act has been deleted and likewise in r47, relating to attachment of a debt by garnishee order reference to s18 of the HP Act has been deleted. The certificates filed in these proceedings therefore no longer need to confirm that s19 or s18, respectively, do not apply to the respective debts. The National Credit Act, which repealed the Credit Agreements Act, contains no similar provisions.
Rule 48(4) states that an Administrator of a debtor under administration under s74 of the MCA may retain an amount not exceeding 25% of the amount collected when making a distribution in order to cover any costs that may be incurred if the debtor defaults or disappears. The maximum amount that may be retained is now R600,00 (increased from R30,00).
In civil appeals the requirement of payment of R70,00 when requesting for reasons for judgment, previously contained in rule 51(1), has been deleted. Note however, that the rule 51(4) requirement for payment of security of R1000,00 for respondent's costs of appeal has NOT been deleted.
Rule 53(8) makes provision for a court to refer a pro Deo litigant or applicant to a convenient legal aid centre or justice centre for assistance at any given time.
Rule 60A, identical to UR 30, provides for a party to apply to court to set aside an irregular step which has been taken by the other party. The rule overlaps in certain respects with what is covered by rule 60. It will be noted that in many instances the new rules provide specifically that certain noncompliance would be an irregular step. The application may only be made provided that the applicant himself has not taken any further step in the matter with knowledge of the irregularity, and provided also that the applicant has first given the other party an opportunity to remove the cause of the complaint and this has not been done. In granting any order against the party who is at fault the court may also give an opportunity to amend or make such other order as it may deem fit. The party against whom the order is made may not proceed further in the matter until the court order is complied with.
The Jurisdiction of Regional Courts Amendment Act 31 of 2008, came into operation on the 9 August 2010 in terms of Govt Gazette 33448 of 6 August 2010.
"Any proceedings instituted in a court established under section 10 of the Administration Amendment Act, 1929 (Act No. 9 of 1929), before the commencement of this section and which are not concluded before the commencement of this section must be continued and concluded in all respects as if this Act had not been passed."
"The rules in force on the date of the commencement of this Act in respect of the courts established under section 10 of the Administration Amendment Act, 1929 (Act No. 9 of 1929), remain in force until they are repealed or amended by a competent authority."
Govt Gazette 33620 of 8 October 2010, repeals the rules of the Divorce Courts made under section 10(4) of the Administration Amendment Act of 1929 (Act No. 9 of 1929) with effect from 15 October 2010. Govt Gazette 33620 does not amend section 9(1) of Act 31 nor has any other amendment been affected to section 9(1).
It is submitted that section 9(1) of Act 31/2008 is clear that all proceedings instituted in terms of the now repealed divorce court rules must be continued and concluded in terms of the divorce court rules notwithstanding the repeal of such rules. The case law which suggests that legislation which regulates procedure is applicable retrospectively is clear that this is only the case in the absence of express provision to the contrary. Section 9(1) is such express provision and leaves no room for any other interpretation.
It must be noted that Act 31/2008 came into operation on the 9 August 2010 and the new rules came into operation on the 15 October 2010. The divorce court rules were only repealed on the 15 October 2010. The divorce court rules therefore continued to apply to matters instituted in the divorce court between the 9 August 2010 and 15 October 2010. However, section 9(1) of Act 31/2008 is not applicable to these matters since section 9(1) applies only to matters commenced before the 9 August 2010. These matters must be dealt with as with other matters below.
The retrospective application of the new rules to other matters is debatable and argument may be advanced for both points of view.
(1) Where a law repeals and reenacts with or without modifications, any provision of a former law, references in any other law to the provision so repealed shall, unless the contrary intention appears, be construed as references to the provision so reenacted.
affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as is in this subsection mentioned, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing law had not been passed.
However, case law indicates that the presumption does not strictly apply when the legislation regulates purely procedural matters (See Curtis v Johannesburg Municpality 1906 TS 308, and, Transnet Ltd v Ngcezula 1995 (3) SA 538 (A)). Even so, the case law itself recognizes the divergent viewpoints, and perhaps all that may be said is that whether a particular rule is applicable retrospectively or not will depend on the circumstances of each case.
" there was a presumption against retrospectivity. Unless otherwise provided, a statute was not to be interpreted to extinguish existing rights and obligations. This was basic to the notions of fairness and justice that were integral to the rule of law, a foundational principle of the Constitution. As to the argument that an increase in sentencing jurisdiction was merely a procedural change which did not trigger the presumption against retrospectivity, the distinction between procedural and substantive provisions could not always be decisive. The contradictory line of case law on the question demonstrated this. The correct approach was that a procedural law could apply retrospectively unless this would adversely affect an applicant's substantive rights. However, if new legislation affected a person in a manner detrimental to his or her substantive rights, the application of that law would not escape scrutiny simply on the grounds that it was procedural in nature. (Paragraphs [26], [28] and [34] at 224A C, 224H and 226D.
".. it does not follow that once an amending statute is characterised as regulating procedure it will always be interpreted as having retrospective effect. It will depend upon its impact upon existing substantive rights and obligations. If those substantive rights and obligations remain unimpaired and capable of enforcement by the invocation of the newly prescribed procedure, there is no reason to conclude that the new procedure was not intended to apply. Aliter if they are not."
See also Maharaj v National Horseracing Authority of Southern Africa 2008 (4) SA 59 (N).
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URL: http://www.info.gov.za/speeches/2006/06062708151001.
URL: http://www.info.gov.za/speeches/2006/06050811451001.
<fn>GOV-ZA.2011igrcader03february2011En.2012-02-10.en.txt</fn>
SALGA NEC meetings or Lekgotla in provinces.
<fn>GOV-ZA.2011lisefeesgazetteEn.2012-02-10.en.txt</fn>
(Assented to 12 November 1996.
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Mpumalanga Safety, Security and Liaison MEC Vusi Shongwe has expressed excitement over SAPS operations at Lebombo Border Post saying the country's border is safe and secure.
This follows his visit on Friday at the border where he found more than 20 stolen vehicles impounded by the border police meant to illegally cross the border. Most of the vehicles were stolen in Gauteng but were recovered by the Lebombo Border police.
The police are working very hard to detect all these. I am happy because even the border officials have vowed not to take leave during the festive season, this shows patriotism. I was told they did not take leave during the Easters, 2010 World Cup and now the festive season.
"We are going to assist the police with unprompted road blocks, stop and search operations and the raids at the taverns in order to reduce traffic. This will take place long after the festive season," said MEC Shongwe.
He added that although the police were doing a great job, they still needed a device that would do the work much easier in searching especially the personal belongings.
He said he was impressed by the manner in which the border was manned following the renovations and the construction of additional facilities to allow thousands of people to cross to Mozambique.
The MEC was also briefed that a new facility called Kilometer 7 is now being used to process commercial freight such as trucks, busses and taxis.
Once processed in South Africa, the people are escorted to Mozambican Customs and Immigrations Office. The border is operating 24hours until the second week of January.
The police officers complained to the MEC that they worked under severe heat as there was not adequate shelter following high temperature at Komatipoort.
Government will look at these challenges because such uncomfortability might lead to the officers not doing their work efficiently thereby resorting to corruption. Corruption is generally rife at the borders because foreigners are allegedly paying bribes for faster service.
"I am generally impressed by the systems in place to provide maximum security. It is unfortunate that the concerns raised especially by the police officers are genuine, however they may not be fixed tomorrow because government operates according to plans and budget," said MEC Shongwe.
He was told that the soldiers manning the borderline were not enough, he promised to take the matter to the ministry.
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This clinic operates in the Worcester/Robertson Health District of the Boland Region.
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Table 5 indicates that in 2008, the national average class size in ordinary schools was 31. However this figure hides the impact of low class sizes in independent schools on the national average.
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2.5 Item response rate 6 3.2 Independent and public schools 7 3.3 Multi-grade classes 8 3.5 Schools that offer Grade R 13 4.12.
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356 Vermeulen St, Midtown Building, Pretoria Private Bag X745, Pretoria, South Africa, 0001 iNgquza Hill 50th Commemoration.
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To the delight of sports fans, the South African team, comprising athletes from various sporting disciplines, beat 33 countries at the Commonwealth Games in Manchester during July and August 2002 to be ranked sixth overall with a total of 46 medals (nine gold, 20 silver and 17 bronze).
Other track athletes who fared well included Okkert Brits (gold for men's pole vault), and Janus Robberts (silver in men's shot-put).
Swimming sensation Natalie du Toit stole the show with her inspiring performance in the 50 m and 100 m elite athlete with a disability freestyle swimming events, for which she won two gold medals and broke two world records. The 18 year-old from Cape Town, who had her left leg amputated following a motor cycle accident in 2001, also made it into the final of the 800 m open swimming event where she achieved a personal best of 13,57 seconds.
Roland Schoeman also caused a stir when he beat Australian Brett Hawke and Englishman Mark Foster to the gold in the men's 100 m freestyle event, with a time of 22,33 seconds. He also won silver in the 50 m butterfly.
bore rifle competition. At the Games, elite athletes with a disability participated for the first time as part of a fullyinclusive Team South Africa sent by the South African Commonwealth Games Association and SASC.
Alet Moll, class TT3 (paraplegic), won the silver medal in the table tennis open women's sitting event, losing in the final to Sue Gilroy of England. This is the first medal won by a South African in table tennis for either the able-bodied or disabled.
South Africans Shaun Bownes and Hestrie Cloete won gold medals at the Africa Track and Field championships in Tunis, Tunisia in August 2002.
Bownes clocked 13,36 sec for a 0,44 second victory margin over Madagascar's Berlioz Randriamihaja while Cloete's clearance of 1,95 m put her 25 cm above Algeria's Amina Lemghirbi.
Cloete attained 2,02 m to win the high jump while Brits cleared 5,75 m to win the pole vault.
Seeded seventh, the Boks beat the topseeded All Blacks in the semifinals to go through to a final that Australia was expected to dominate.
The Bafana Bafana squad under the leadership of coach Jomo Sono did well in the 2002 FIFA Korea Japan Soccer World Cup.
The squad moved into the second round of the cup with a narrow victory of 1 - 0 over Slovenia.
They were still heading for a last 16 matchup against Germany when a third and final goal for rival Paraguay in the other Group B game spelled disaster.
South Africa and Paraguay finished tied on points for the qualifying second place and were also level on goal difference. However, Paraguay went through by dint of scoring six goals to South Africa's five.
The squad was given a heroes' welcome in Johannesburg despite their 3 - 2 defeat against Spain.
The result equals South Africa's previous best, which was a 4 - 1 win over Namibia in the 1998 African Nations Cup of Nations in Burkina Faso.
Cottrell, T., Laxton, I. and Willliams, D. Comrades Marathon: Highlights and Heroes, 1921 - 1999. Johannesburg: Jonathan Ball, 2000.
Evans, G. Dancing Shoes is Dead. London: Doubleday, 2002.
Griffiths, E. Bidding for Glory: Why South Africa Lost the Olympic and World Cup Bids, and How to Win Next Time. Johannesburg: Jonathan Ball, 2000.
Griffiths, E. The Captains. Johannesburg: Jonathan Ball, 2001.
Grundelingh, A. and others. Beyond the Tryline: Rugby and SA Society. Randburg: Ravan Press, 1995.
Jarvie, G. Class, Race and Sport in SA's Political Economy. London: Routledge and Kegan Paul, 1985.
National Sport and Recreation South Africa, White Paper: Getting the Nation to Play. Pretoria, 1998.
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North Gauteng Mental Health e-mail: pmh@icon.co.
Unicef is the only UN organisation dedicated exclusively to children. It is guided by the Convention on the Rights of the Child and strives to establish children's rights as enduring ethical principles and international standards of behaviour towards children.
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Details are as follows: Details are as follows: Date 19 July 2011, Venue: Old Parliament Chamber - Ulundi.
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Johannesburg - The number of H1N1 flu deaths in South Africa continues to climb with the figure now standing at 59 deaths, the National Institute for Communicable Diseases (NICD) said on Friday.
Shabalala said other major factors leading to the deaths were obesity and diabetes.
The highest number of laboratory confirmed cases were recorded in Gauteng followed by the Western Cape.
As part of government's communication efforts on the pandemic, the department has established a hotline and dedicated email address, where the public can request more information or ask specific questions related to the H1N1 Influenza.
<fn>GOV-ZA.2012cadar32En.2012-02-10.en.txt</fn>
and work together to achieve that vision. >President, you set the tone in the State of the Nation Address for action and implementation.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=16545&tid=28906 Size: 18KB Speaker: E Patel Collection: speeches_cm?
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The Department of International Relations and Cooperation's priorities are outlined in the Medium Term Strategic Framework for 2009 - 2014.
South Africa's growth in stature in international relations has resulted in increased demands on the country to play a significantrole in contributing towards efforts aimed at the creation of a more democratic, peaceful, prosperous continent and a better world.
and build an environment in which socioeconomic development can take place.
The AU is Africa's premier institution and the principal organisation for the promotion of the continent's accelerated socio-economic integration, which will lead to greater unity and solidarity between African countries and peoples.
Rights its inaugural summit.
1963 in Addis Ababa, Ethiopia.
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"He calls for immediate follow through in implementing the agreed principles, including the full end to hostilities and the withdrawal of forces to previous positions," Mr Ban's spokesperson said in a statement on Wednesday.
The plan was proposed by President Nicolas Sarkozy of France.
"He is prepared to use his good offices toward the restoration of peace and security in the region," the statement added.
On Wednesday Mr Ban highlighted concern about the humanitarian situation in the region, with the Secretary-General urging all parties "to provide full and safe access for humanitarian organizations to the regions affected by the conflicts."
The biscuits will augment in-country food stocks which WFP started distributing over the weekend to thousands of people.
The agency has been providing 10-day food rations to more than 4 500 displaced people living in shelters in Tbilisi.
It has also identified bakeries near areas where internally displaced persons (IDPs) have concentrated, and the agency will supply wheat flour to make bread for distribution to the displaced.
WFP is coordinating food assistance and offering logistical support to other humanitarian organisations, drawing on capacity from its existing operation in the country.
On Wednesday a humanitarian airlift - chartered by the UN High Commissioner for Refugees (UNHCR) - arrived in Georgia, bringing 34 tons of tents, jerry cans, blankets and kitchen sets for those in need.
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Manana appealed to SAPS to provide regular feedback to communities on their policing needs.
Manana noted the concerns raised by the business sector and immediately requested Nyathi to set up a meeting with them and other stakeholders in the area.
As part of the department's programme to assist in policing in the province, the department seconded Mr. Mzamani Vuma, the Senior Manager on Monitoring, Evaluation and Research to sit in meetings organized between the police, the CPF and the business people, with other stakeholders to mediate and assist them in resolving their differences.
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The Department of Arts and Culture will host the National Consultative conference on the role of the sector in the new growth path.
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"illega1,foreigner" means an foreigner who is in the Republic in contraven-tion of Actthis includes 4.
10' No. 23478 GOVERNMENT GAZETTE. 31 MAY 2002 Act No.
"premises" means any building, structure or tent together with the land on which it is situated and the adjoining land used in connection with it and includes any land without any building, structure or tent and any vehicle.
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Government says the lasting legacy that the 2010 football spectacle has left shows that "today is already better than yesterday."
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''(I) 2.3571 percent for the 1-year period beginning October 1, 2003; ''(II) 2.6428 percent for the 1-year period beginning October 1, 2004; ''(III) 2.
FINDINGS.
In order to increase exports from, and trade among, eligible sub-Saharan African countries, transportation systems in those countries must be improved to increase transport efficiencies and lower transport costs.
In order to facilitate and increase trade flows between eligible sub-Saharan African countries and the United States, the President shall foster improved port-to-port and airport-to-airport relationships.
IDENTIFICATION OF COUNTRIES.-The President shall identify not fewer than 10 eligible sub-Saharan African countries as having the greatest potential to increase marketable exports of agricultural products to the United States and the greatest need for technical assistance, particularly with respect to pest risk assessments and complying with sanitary and phytosanitary rules of the United States.
H. R. 4103-11 the goals and objectives of the African Growth and Opportunity Act and this Act, and to maintain ongoing discussions with African trade and agriculture ministries and private sector organizations on issues of mutual concern, including regional and international trade concerns and World Trade Organization issues.
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.
The Dow Jones industrial average tumbled 427.47 points, or 5.07percent, to 7,997.28. It was the first time the Dow closed below the 8,000 level since March 2003.
"The cost of living in the United States fell by the most on record and construction began on the fewest homes ever last month, evidence the economy is in the worst recession in at least a quarter century," said Benjamin Wei, president of the New York International Group, an investment bank based in New York.
The October consumer price index (CPI) fell 1.0 percent, more than the consensus 0.8 percent, and the biggest ever monthly drop, while the core fell 0.1 percent, compared to a consensus 0.2percent increase, the Labour Department said in Washington.
Today's CPI report signals deflation, or a prolonged price slide, may become another hazard facing Federal Reserve Chairman Ben S. Bernanke and President-elect Barack Obama.
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Among others, the speech will place an emphasis on the importance of infusing and sustaining the values and systems based on integrity and efficiency in the provincial administration. These include the transformation of the public sector to be responsive to the service delivery expectations of the populace.
In the same vein, the importance of agriculture as a means to diversify the economy, boost employment, create an asset base for communities and mitigate the threat of food security will be emphasised. Of particular focus is the province's high impact program, known as "Masibuyele emasimini" (back to tilling land) which was targeting poverty-stricken households with no meaningful gains of employment. This will also be linked to the recently launched "anti poverty war room."
Challenges encountered and possible interventions in the provision of housing, water and electricity will be unveiled. Premier Makwetla will also touch on strategies to prevent and reduce the socio-economic and health impact of malaria, tuberculosis (TB), HIV and AIDS in the rural communities.
Special programs aimed at readying the province to host a world-class 2010 spectacular are on firm course and they include a progress report on stadia, roads, volunteer programme, mobilisation effort, disaster management compliance and other related plans.
State police commissioner Abdelrahman Akano said that 74 others were seriously injured and were receiving treatment at various hospitals in the state.
The police chief said security agencies in the state have put in place security measures to curtail future attacks.
He told reporters that some of the measures put in place include drafting of military personnel to worship centers with anti bomb unit squad combing such places for any signs of explosive or device that could spark another blast.
Jos was plunged into blood bath on 7 March when members of local Muslim and Christian communities fought each other in revenge for previous killings.
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Abstract of Agricultural Statistics. Pretoria: Department of Agriculture, Directorate: Agricultural Information Services, annually.
Akokpari, J (eds). 2008. The African Union and its institutions. Johannesburg: Fanele.
Thomas, A. 2008. U.S. foreign policy towards apartheid South Africa, 1948 - 1994: conflict of interests. New York: Palgrave Macmillan.
Altbeker, A. 2010. Fruit of a poisoned tree: a true story of murder and the miscarriage of justice. Johannesburg: Jonathan Ball.
Davis, D. 2009. Precedent & possibility: the (ab)use of law in South Africa. Cape Town: Double Storey.
Elsdon, AD. 2009. The tall assassin: the darkest political murders of the old South Africa. Roggebaai: Umuzi.
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. 2010. Claremont: Juta.
Sloth-Nioelsen, J & Du Toit, Z (eds). 2008. Trials and tribulations, trends and triumphs: developments in international, African and South African child and family law. Cape Town: Juta Law.
Bond, P, Dada, R & Erion, G (eds). 2009. Climate change, carbon trading and civil society: negative returns on South African investments. Scotsville: University of KwaZulu-Natal Press.
Masilo, P & Rautenbach, G. 2008. Commentary on the Mine Health and Safety Act and regulations. Cape Town: Juta.
Mazema, HK et al. 2008. A pilot study into available upstream cleaner production technologies for the petroleum refining industry to meet the requirements of the waste discharge charge system. Gezina: WRC.
Winkler, H. 2009. Cleaner energy, cooler climate: developing sustainable energy solutions for South Africa. Cape Town: HSRC Press.
Blake, C. 2009. Troepie: from call-up to camps. Cape Town: Zebra Press.
Geldenhuys, J. 2009. At the front: a general's account of South Africa's border war. Jeppestown: Jonanthan Ball.
Jensen, S. 2008. Gangs, politics & dignity in Cape Town. Oxford: James Currey.
Lord, D. 2008. From fledgling to eagle: the South African Airforce during the Border War. Johannesburg: 30º South Publishers.
Singh, A-M. 2008. Policing and crime control in post-apartheid South Africa. Aldershot, UK: Ashgate.
Bloom, J. 2009. Rising tide: how freedom of responsibility uplifts everyone. South Africa: SA Institute of Race Relations.
Land, memory, reconstruction, and justice: perspectives on land claims in South Africa. 2010. Athens, Ohio: Ohio University Press.
Yanou, MA. 2009. Dispossession and access to land in South Africa: an African perspective. Mankon, Bamenda: Langaa Research & Publishing CIG.
Huigen, S. 2009. Knowledge and colonialism: eighteenth-century travellers in South Africa. Leiden: Brill.
Phahlamohlaka, J (ed). 2008. Community-driven projects: reflections on a success story: a case study of science education and information technology in South Africa. Pretoria: Van Schaik Publishers.
Southern African steel construction handbook. 2010. Johannesburg: South African Institution of Steel Construction.
Van der Merwe, D et al. 2008. Information and communications technology. Durban: LexisNexis.
Kraak, A (ed). 2009. Sectors & skills: the need for policy alignment. Cape Town: HSRC Press.
Van der Berg, W & Burger, G. 2008. Blue Bulls: 70 years of glory. Johannesburg: Penguin Books.
Tassiopoulos, D (ed). 2008. New tourism ventures: an entrepreneurial and managerial approach. Cape Town: Juta.
Louw, B. 2008. The Gibson brothers of the Red Star Line. Welgemoed: JBZ Louw.
Rorke, WB. 2007. Trek Airways: a South African adventure. London: Athena Press.
Ross, G. 2007. The romance of Cape mountain passes. Cape Town: New Africa Books.
South Africa. Department of Transport. [e-resource]. Moving South Africa: a transport strategy for 2010: report and strategy recommendations.
Haarhoff, J & Cassa, AM. 2009. Introduction to flood hydrology. Cape Town: Juta.
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>The Department for Rural Development and Land Reform salutes the gallant young revolutionaries of June 16, 1976 generation. > >As the Department we are making a call to all the National Rural Youth Service Corps (NARYSEC) participants country wide to look upon youth of 1976.
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URL: http://www.info.gov.za/speeches/2006/06060714151001.
"A key aspect in sustainable development is community ownership and community involvement", said the Deputy Minister of Environmental Affairs and Tourism, Ms Rejoice Mabudafhasi, when she welcomed the World Bank during her address to more than 300 delegates at the World Bank side event in the Exhibition Centre last night, 10 September 2003.
URL: http://www.info.gov.za/speeches/2003/03091115461004.
We also consider that Model Two provides a significantly better value proposition both for applicants and for institutions. Earlier (see Section 5.1) we listed the possible benefits of an applications service to applicants, institutions, the sector and government. If we apply the "value proposition" to these potential benefits, which of the two ideal-type systems - Model One or Model Two - score best The table below expresses our best attempt to answer that question?
Consolidation of applications - single set of documents etc.
If sufficient acceptances of offers for a programme are not received, within the specified time, then any applicants who either received no offer or who received an offer for a preference other than their first choice, will receive any offer to which they then became entitled. Such offers will be made only on the further instructions of the institutions and in accordance with the order of merit lists.
When institutions instruct NHEIAS to issue offers to all qualified applicants in these courses, all such applicants will receive an offer.
Earlier in the year, institutions will be free to make conditional offers on any basis they wish. The NHEIAS will issue statements to applicants setting out the terms of these conditional offers. Applicants will then be able to avail themselves of a "Change of Mind" facility until (say) six weeks before the offers of places are issued. In this way applicants may, if they wish, adjust their course choices in light of conditional offers.
Following evaluation of their performance against the criteria set by an institution, applicants will be offered the highest programme preference to which they are entitled.
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Application for dependants benefit?
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URL: http://www.info.gov.za/speeches/2006/06101013451003.
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The Premier of the North West, Ms Edna Molewa, will be celebrating Youth Day together with the youth at Ganyesa Stadium on 16 June 2005 at 10:00. Among the speakers of the day will also be the Chairperson of the North West Youth Commission, Kabelo Mataboge. The programme for this year will demonstrate the benefits of a concerted effort aimed at addressing the youth development backlogs that the democratic government and the Provincial Youth Commission inherited form our unhappy past.
The Minister of Social Development, Dr Zola Skweyiya, has urged the South African NGO Coalition (Sangoco) to join in the fight against violence on women and children as part of contributing to the social development of the country.
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noted in this area.
4HEï¿½ MOSTï¿½ SIGNIlCANTï¿½ TRANSACTIONSï¿½ APPROVEDï¿½ RECENTLYï¿½ SAWï¿½ the creation of black-owned companies. Anglo Platinum sold a majority stake in the Lebowa Platinum Mines to Anooraq, the third-largest producer of platinum in South Africa. Furthermore, !NGLOTINUMPhanda Resources, making Northam a black-owned and -control-LEDMINE&#14;!NGLO0LATINUMALSOï¿½ SOLD&#21;&#16;&#5;OFITSï¿½ STAKEINTHE$Eï¿½ ROCHENï¿½ 0ROJECTï¿½ TOï¿½ -VELAPHANDA&#12;ï¿½ MAKINGï¿½ THISï¿½ PROJECTï¿½ &#17;&#16;&#16;&#5;ï¿½ black-controlled.
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The Department of Environmental Affairs (DEA) hereby invites potential specialist writers to submit proposals outlining how they can assist the department in drafting the individual chapters for the 2012 South Africa Environment Outlook (SAEO).
The successful specialist writers will be required to carry out indicator-based analysis of the state and trends of the country's environment; identify, review and report on the key emerging issues since the release of the 2006 SAEO. It is anticipated that the previously mentioned chapters will also reflect on provincial-level assessments of the environmental situation.
Interested specialist writers are request to specify their choice of interest when submitting the proposals.
Detailed Terms of Reference can be obtained at the department and the State of the Environment Internet Portal. http://soer.deat.gov.
Enquiries and proposals must be submitted to: Ms Anna Mampye, Directorate State of the Environment and Environmental Statistics, Department of Environmental Affairs, Private Bag X447, Pretoria, 0001; Tel: +27 12 310 3618 / +27 12 395 1757; E-mail: amampye@environment.gov.
Proposals should be submitted before 15h00 on the 17 June 2011.
The National Department of Environmental Affairs (DEA) has embarked on a programme to update the analysis of South Africa's state of the environment. State of the environment analyses were previously conducted and reports produced in 1999 and 2006. DEA is starting the process to prepare a 2012 national state of the environment report, hereafter referred to as the South Africa Environment Outlook (SAEO).
In August 2010 the DEA commenced an inception phase of the 2012 SAEO development process. Consultative provincial and national workshops were held in October and November 2010. Stakeholder feedback informed the preparation of an Inception Report, which was finalised in March 2011. The Inception Report provides a comprehensive plan on the development of the 2012 report, including the scope of work for the specialised services and technical study components required for the compilation and publication of the report.
Update key information and indicators in the 2006 report where new information is available.
Identify emerging issues and report on them where data is available.
Produce a report that contains objective, accurate and scientifically credible information about the condition of and prospects for South Africa's environment.
SAEO 2012: this is a full hardcopy report, written in non-technical language and functions as the major product of the project. It is targeted at the decision-maker, and presents information on the past and present condition of the environment, as well as a synthesis of trends towards future alternatives for environmental condition.
Executive Summary: this is a summary hardcopy document of the key findings and priorities identified in the SAEO report, which is targeted at policy makers and the general public.
Internet Report: this is a simple language version of the SAEO report published on the web, using templates designed for that purpose. It will allow the user access to more detailed information and linkages to other sources of information. It will also act as a tool to allow state of the environment information to be updated annually.
DVD: the above products will be copied onto a DVD for distribution to stakeholders.
The DEA plans to appoint a suitable consultant who has the competency and expertise to prepare a chapter on the land issues in South Africa for the 2012 SAEO. The scope of work and timing are presented in the below sections.
Part I - provide a long-term explorative, cross-cutting assessment of key global mega-trends that might have implications for the South African environmental policy context, and our ability to manage natural resources in a sustainable manner.
Part II - provide country-wide assessments of key environmental themes, scan the regional and global impacts of national trends, identify emerging issues and contribute to an evaluation of policy objectives. This section will also reflect on provincial-level assessments of the environmental situation in individual provinces, analysing a number of unique pressing environmental issues in each province.
Part III - Provide a synthesis of issues and trends in relation to the 2006 Outlook, noting the country's performance in terms of the four current future scenarios.
Part IV - Provide options for action based on synthesis of issues and trends in relation to the Outlook section.
The reporting framework to be used to compile the 2012 SAEO is the Driver-Pressure-State-Impact-Response (DPSIR) Framework. This approach will promote continuity and align the 2012 SAEO with the 1999 South Africa State of the Environment Report, the 2006 SAEO, the Africa Environment Outlook and the Global Environment Outlook.
Review relevant global, regional, national and provincial SAEO reports to determine strengths and weaknesses, and noting where updates will be required.
Review the table of themes, indicators and sources of data drawn up from the 2006 SAEO.
Review the inception report to ascertain the nature of stakeholder feedback regarding land issues, taking cognisance of those issues that were raised. Where possible, include issues raised by stakeholders on the Land chapter.
Participate at the 1st chapter production meeting to be hosted by DEA to discuss and agree on the report guidelines for the 2012 reporting process.
Review relevant information and datasets pertaining to your field of expertise to update the issues and indicators presented in the SAEO 2006. Take cognisance of the Outcomes Approach that government has embarked on, notably Outcome 10.
Review relevant information and datasets pertaining to your field of study taking into account the state of land issues for any provinces that have identified these issues as a reporting priority to be included in the 2012 SAEO. Names of provinces who has identified land as a priority issue will be made available as soon as the process of identifying such provinces is finalised.
Review also the relevant Key Emerging Issues papers published by the Department under the State of the Environment Reporting Initiative. The papers can be access on the National State of the Environment Internet Portal via the following URL: http://soer.deat.gov.za/.
Prepare and submit an outline/table of content for the chapter and a list of indicators upon which the reporting will be based on.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on land issues; it should be limited to 25 pages, excluding diagrams, graphs, maps and references. As one of the key objectives of this process is to produce a report that contains objective, accurate and scientifically credible information, specialist authors are urged to use credible literature when drafting the chapter.
Submit the 1st draft report, including recommendations, citations and illustrative materials, to the Project Management Committee (PMC) who will forward it on to peer reviewers, sector departments, public entities and provinces.
Present the 1st draft report at a national stakeholder workshop. The Coordinating Lead Author (CLA) from the appointed consultancy will be expected to the 1st draft chapter at the national consultation workshop to solicit inputs from key stakeholders, i.e. Project Steering Committee (PSC), provinces, sector departments and public entities.
Revise the 1st draft report based on comments from PMC, peer reviews and other key stakeholders.
Submit the 2nd draft chapter for second round of review by the review and decision making structures.
The Coordinating Lead Author (CLA) will be expected to attend and present the 2nd draft chapter on Land at the second production meetings. The purpose of the meeting will be to identify gaps, problem areas, linkages and cross cutting issues to be addressed in the final draft chapters.
Revise the 2nd draft chapter based on comments received and submit the final draft chapter for approval. The final chapters will form the basis for the 2012 SAEO.
Support the integrative writer of the main report, if necessary.
Table 1 below summarises the key task and timing for the compilation of the chapter on the Land.
Review relevant literature as outlined in the bullets under scope of work above.
Prepare and submit table of contents and list of indicators upon which reporting will be based on.
Submit the final draft chapter to DEA for approval.
Take the overall responsibility for coordinating, drafting and finalizing the chapter to a high standard within deadline set under the overall 2012 SAEO Implementation Plan and manage the chapter working group which will consist of Lead and Contributing Authors. The CLA will have the same skills and resources as the Lead Author, with the additional skills needed to coordinate the preparation of a land chapter for the 2012 SAEO report. The CLA is responsible for the management of the authorship team and is contracted by the Department until the final report is approved by DEA management structures.
Jointly draft a land chapter of the 2012 SAEO report in close cooperation with other chapter CLAs and members of the PSC, DEA entities and sector departments.
Play a lead role in drafting and revising the designated chapter of the report, or be responsible for the production of designated sections within the chapter.
Work with the CLA to draft sections of the land chapter of the 2012 SAEO report.
Contribute technical information in the form of text, graphs or data for assimilation by the LA into the draft section. Input from a wide range of contributors is a key element in the success of 2012 SAEO, and the names of all contributors will be acknowledged in the Report.
Provide contributions solicited by the LA.
Ensure that their work is supported with references from peer-reviewed literature, with copies being provided of any unpublished material cited and clear indications of how to access this information. For material available in electronic format only, the location where such material may be accessed should be cited.
Allow for the contributed material to be edited, merged and if necessary, amended, in the course of developing the overall draft text.
The service provider(s) must guarantee the presence of the senior in charge of fieldwork throughout the duration of the contract. If the senior has to leave the project, a period of at least a month is required in which the senior must work parallel with the next person (senior consultant with similar expertise and equal years of experience) appointed to be able to transfer skills and knowledge.
The author/s must ensure that the chapter conforms to the style and format guidelines for the drafting of the 2012 SAEO which will be made available upon appointment.
Reference documents can be downloaded from the DEA State of the Environment website on http://soer.deat.gov.za/State_of_the_Environment.html, including the Inception Report for the compilation of the 2012 SAEO.
Bids will be subject to Supply Chain Management Conditions as follows - The Preferential Procurement Policy Framework Act (Act No. 05 of 2000). In accordance with this Act, submissions will be adjudicated in two stages: firstly, on functionality which must be done in terms of the evaluation criteria indicated in section 15 and the minimum threshold referred to in paragraph 10.3 below. A bid must be disqualified if it fails to meet the minimum threshold for functionality as per the bid invitation and secondly, only the qualifying bids will be evaluated in terms of the 80/20 preference points systems, where the 80 points will be used for price only and the 20 points are used for HDI ownership and / or for achieving the prescribed RDP goals.
10.1 The Curriculum Vitae of the staff who will be available for the duration of the work; NOTE: Failure to submit the CV's will invalidate your bid proposal.
10.2 The bid proposals should be submitted with all required information containing technical information as well as price information (NB: DEA Entity Maintenance form included in the bid documents must be completed and returned with the bid proposals).
10.3 Only bidders who score at least 30 points for the technical information will be preferred.
10.4 Service providers who do not supply information in respect of HDI preference points or who are found to have supplied incorrect information in the affidavit provided for in the bid documents will be disqualified.
10.5 Suppliers/Service Providers are requested to submit the BEE accreditation certificates from reputable service providers accredited by SANAS (check sanas.co.za), failing which the BEE points claimed will be forfeited.
10.6 Preference will be given to BEE companies or firms with strong BEE partnerships, in order to address South Africa's socio-economic disparities in line with the Broad Base Black Economic Empowerment legislation. Suppliers/service providers that do not meet this requirement may be disqualified.
10.7 A service level agreement shall be signed with the preferred bidder. The successful bidder may not alter its (buy out HDI points) BEE status during the contract period. DEA reserve the right to terminate the contract should the successful bidder no longer meet the BEE requirement.
10.8 DEA reserves the right to invite short listed suppliers/companies to present their bid proposals for final decision.
10.9 Bidders must be prepared to work at rates not exceeding those prescribed by the office of the Auditor-General or the Department of Public Service and Administration (DPSA).
Management by HDI groups.
Number of consultants from HDI groups working on the project.
11.1 The service provider should provide details of staff training, highlighting training and development policies and procedures, with specific reference to affirmative action policies and initiatives.
11.2 A breakdown of the hourly tariff inclusive of value-added tax for services rendered. Expenditure incurred without the prior approval of the Programme manager will not be reimbursed.
11.3 In so far as possible, a comprehensive budget, showing the charge out rates of all the staff to be involved in investigations and also including all other costs factors such as traveling.
11.4 How a joint venture (if the bidders are a joint venture between a BEE firm and a non BEE firm) will split the work between the firms. The detail must be such that DEA can audit the actual work allocation during the delivery to enforce the transfer of skills between the two firms. (The percentage involvement of each company in the joint venture should also be indicated). Please note that all members of the joint venture should sign the contract and are jointly and severally liable for the entire assignment.
11.5 DEA will not be held responsible for any costs incurred by the bidder in the preparation and submission of the bids.
11.6 Please take note that DEA is not bound to select any of the firms submitting proposals. DEA reserves the right not to award any of the bids and not to award the contract to the lowest bidding price as well as to renegotiate the bid of the preferred applicant.
11.7 Traveling costs and time spent or incurred between home and office of consultants and DEA head office will not be for the account of DEA.
Bid Evaluation can only be done on the basis of information, which we asked for. The comprehensiveness of the bid can therefore be decisive in the awarding thereof.
DEA undertakes to payout in full within 30 (thirty) days all valid claims for work done to its satisfaction upon presentation of a substantiated claim. No payment will be made where there is outstanding information/work not submitted by the Service Provider(s) until that outstanding information is submitted.
Bidder understands of the brief and the methodology to be employed.
Capability (number of project team members to handle the project/ submit names and the CV).
A proposed plan of action to achieve the objectives should be submitted for evaluation.
The experience in the fields of land related issues includes both the public sector and the private sector.
The experience and educational background of the personnel proposed to provide the service. Assessment of the condensed Curricula Vitae of personnel involved on the project.
Skills Development (Skilling of black employees in the company) (submit proof).
Effective Ownership by Black people (broadly defined per BBBEE Act of 2003, as amended).
Bidder's understanding of the brief - The bid provides a clear indication that the bidder fully understands the purpose and scope of the work and the bidders' own roles and functions in this regard.
Capability - The bid provides a clear indication that the bidder's team comprises people with the necessary experience, skills, qualifications, knowledge and skills required to ensure the efficient and effective generation of the required deliverables to the highest standards of quality.
Track Record - The bid provides clear information on previous, relevant projects that confirm that the bidder has the required experience and success track record in the area of general project management and management related projects.
Quality of the Bid - The bid is structured, laid-out, formatted and organised in such a way that the evaluation committee is easily able to access the bid in accordance with the evaluation criteria and are provided with an insight into the quality of deliverables that may be expected from the bidder if successful.
Affirmative action - The bid clearly describes the bidder's contribution to ensuring the transformation of this project through affirmative action programmes and provides insight into the success, or otherwise, of these programmes.
Skills transfer - The bid clearly describes the bidder's contribution to ensuring the transformation of this work through, among others, mentorship, bursary, on-the job-training and/or other initiatives that successfully transfer skills to historically disadvantaged individuals.
The Department has stated as a specific Project Goal, the maximisation of participation of Target Groups in the Project. The provisions of this clause 4.10 in relation to Empowerment and the BEE strategy. The objective is to ensure that these Target Groups will be optimally, actively and equally involved, in the entire life-cycle opportunities of the Project, at all levels i.e. ownership, management and service delivery. The Department deliberately wants to encourage the optimal participation of Black Women, Disabled Persons and Target Group Enterprises. Accordingly, the Department has set target for companies that are more than 50% (fifty percent) black-owned and companies that are more than 30% (thirty percent) black women-owned.
The DEA plans to appoint a suitable consultant who has the competency and expertise to prepare a chapter on the biodiversity and ecosystem health issues in South Africa for the 2012 SAEO. The scope of work and timing are presented in the below sections.
Review relevant global, regional national and provincial SAEO reports to determine strengths and weaknesses, and noting where updates will be required.
Review the inception report to ascertain the nature of stakeholder feedback regarding biodiversity and ecosystem health issues, taking cognisance of those issues that were raised. Where possible, include issues raised by stakeholders on the Biodiversity and ecosystem health chapter.
Participate at the 1st chapter production meeting to be hosted by DEA to discuss and get agreement on the report guidelines for the 2012 reporting process.
Review relevant information and datasets pertaining to your field of study taking into account the state of biodiversity and ecosystem health issues for any provinces that have identified these issues as a reporting priority to be included in the 2012 SAEO. Names of provinces who has identified biodiversity and ecosystem health as a priority issue will be made available as soon as the process of identifying such provinces is finalised.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on biodiversity and ecosystem health issues; it should be limited to 25 pages, excluding diagrams, graphs, maps and references. As one of the key objectives of this process is to produce a report that contains objective, accurate and scientifically credible information, specialist authors are urged to use credible literature when drafting the chapter.
Present the 1st final draft report at a national stakeholder workshop. The Coordinating Lead Author (CLA) from the appointed consultancy will be expected to the 1st draft chapter at the national consultation workshop to solicit inputs from key stakeholders, i.e. Project Steering Committee (PSC), provinces, sector departments and public entities.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on biodiversity and ecosystem health issues.
Revision of 1st draft chapters based on comments from consultation process.
Present the 2nd draft chapter on Land at the second production meetings.
Revision of 2nd draft chapter based on comments received from the review and decision making structures.
Take the overall responsibility for coordinating, drafting and finalizing the chapter to a high standard within deadline set under the overall 2012 SAEO Implementation Plan and manage the chapter working group which will consist of Lead and Contributing Authors. The CLA will have the same skills and resources as the Lead Author, with the additional skills needed to coordinate the preparation of a biodiversity and ecosystem health chapter for the 2012 SAEO report. The CLA is responsible for the management of the authorship team and is contracted by the Department until the final report is approved by DEA management structures.
Jointly draft a biodiversity and ecosystem health chapter of the 2012 SAEO report in close cooperation with other chapter CLAs and members of the PSC, DEA entities and sector departments.
Work with the CLA to draft sections of the biodiversity and ecosystem health chapter of the 2012 SAEO report.
The experience in the fields of biodiversity and ecosystem health related issues includes both the public sector and the private sector.
The Department has stated as a specific Project Goal, the maximisation of participation of Target Groups in the Project. The provisions of this clause 4.10 in relation to Empowerment and the BEE strategy. The objective is to ensure that these Target Groups will be optimally, actively and equally involved, in the entire life-cycle opportunities of the Project, at all levels i.e. ownership, management and service delivery.
Target Group Enterprises. Accordingly, the Department has set target for companies that are more than 50% (fifty percent) black-owned and companies that are more than 30% (thirty percent) black women-owned.
The DEA plans to appoint a suitable consultant who has the competency and expertise to prepare a chapter on the inland water issues in South Africa for the 2012 SAEO. The scope of work and timing are presented in the below sections.
Review the inception report to ascertain the nature of stakeholder feedback regarding inland water issues, taking cognisance of those issues that were raised. Where possible, include issues raised by stakeholders on the Inland water chapter.
Review relevant information and datasets pertaining to your field of expertise to update the issues and indicators presented in the SAEO 2006.
Review relevant information and datasets pertaining to your field of study taking into account the state of inland water issues for any provinces that have identified these issues as a reporting priority to be included in the 2012 SAEO. Names of provinces who has identified inland water as a priority issue will be made available as soon as the process of identifying such provinces is finalised.
Review also the relevant Key Emerging Issues papers published by the Department. The papers can be access on the National State of the Environment Internet Portal via the following URL: http://soer.deat.gov.za/.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on inland issues; it should be limited to 25 pages, excluding diagrams, graphs, maps and references. As one of the key objectives of this process is to produce a report that contains objective, accurate and scientifically credible information, specialist authors are urged to use credible literature when drafting the chapter.
Present the1st final draft report at a national stakeholder workshop. The Coordinating Lead Author (CLA) from the appointed consultancy will be expected to the 1st draft chapter at the national consultation workshop to solicit inputs from key stakeholders, i.e. Project Steering Committee (PSC), provinces, sector departments and public entities.
Table 1 below summarises the key task and timing for the compilation of the chapter on the Inland Water.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on inland water issues.
Take the overall responsibility for coordinating, drafting and finalizing the chapter to a high standard within deadline set under the overall 2012 SAEO Implementation Plan and manage the chapter working group which will consist of Lead and Contributing Authors. The CLA will have the same skills and resources as the Lead Author, with the additional skills needed to coordinate the preparation of an inland water chapter for the 2012 SAEO report. The CLA is responsible for the management of the authorship team and is contracted by the Department until the final report is approved by DEA management structures.
Jointly draft an inland water chapter of the 2012 SAEO report in close cooperation with other chapter CLAs and members of the PSC, DEA entities and sector departments.
Work with the CLA to draft sections of the inland water chapter of the 2012 SAEO report.
The experience in the fields of water related issues includes both the public sector and the private sector.
The DEA plans to appoint a suitable consultant who has the competency and expertise to prepare a chapter on the oceans and coasts issues in South Africa for the 2012 SAEO. The scope of work and timing are presented in the below sections.
Review the inception report to ascertain the nature of stakeholder feedback regarding oceans and coasts issues, taking cognisance of those issues that were raised. Where possible, include issues raised by stakeholders on the Oceans and coasts chapter.
Review relevant information and datasets pertaining to your field of study taking into account the state of oceans and coasts issues for any provinces that have identified these issues as a reporting priority to be included in the 2012 SAEO. Names of provinces who has identified oceans and coasts as a priority issue will be made available as soon as the process of identifying such provinces is finalised.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on oceans and coasts issues; it should be limited to 25 pages, excluding diagrams, graphs, maps and references. As one of the key objectives of this process is to produce a report that contains objective, accurate and scientifically credible information, specialist authors are urged to use credible literature when drafting the chapter.
Table 1 below summarises the key task and timing for the compilation of the chapter on the Oceans and Coasts.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on oceans and coasts issues.
Take the overall responsibility for coordinating, drafting and finalizing the chapter to a high standard within deadline set under the overall 2012 SAEO Implementation Plan and manage the chapter working group which will consist of Lead and Contributing Authors. The CLA will have the same skills and resources as the Lead Author, with the additional skills needed to coordinate the preparation of a oceans and coasts chapter for the 2012 SAEO report. The CLA is responsible for the management of the authorship team and is contracted by the Department until the final report is approved by DEA management structures.
Jointly draft a oceans and coasts chapter of the 2012 SAEO report in close cooperation with other chapter CLAs and members of the PSC, DEA entities and sector departments.
Work with the CLA to draft sections of the oceans and coasts chapter of the 2012 SAEO report.
The experience in the fields of oceans and coasts related issues includes both the public sector and the private sector.
The DEA plans to appoint a suitable consultant who has the competency and expertise to prepare a chapter on the air and atmospheric issues in South Africa for the 2012 SAEO. The scope of work and timing are presented in the below sections.
Review the inception report to ascertain the nature of stakeholder feedback regarding air and atmospheric issues, taking cognisance of those issues that were raised. Where possible, include issues raised by stakeholders on the Air and atmosphere chapter.
Review relevant information and datasets pertaining to your field of study taking into account the state of air and atmospheric issues for any provinces that have identified these issues as a reporting priority to be included in the 2012 SAEO. Names of provinces who has identified air quality as a priority issue will be made available as soon as the process of identifying such provinces is finalised.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on air and atmospheric issues; it should be limited to 25 pages, excluding diagrams, graphs, maps and references. As one of the key objectives of this process is to produce a report that contains objective, accurate and scientifically credible information, specialist authors are urged to use credible literature when drafting the chapter.
Submit the1st draft report, including recommendations, citations and illustrative materials, to the Project Management Committee (PMC) who will forward it on to peer reviewers, sector departments, public entities and provinces.
Table 1 below summarises the key task and timing for the compilation of the chapter on the Air Quality.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on air quality issues.
Take the overall responsibility for coordinating, drafting and finalizing the chapter to a high standard within deadline set under the overall 2012 SAEO Implementation Plan and manage the chapter working group which will consist of Lead and Contributing Authors. The CLA will have the same skills and resources as the Lead Author, with the additional skills needed to coordinate the preparation of an air and atmosphere chapter for the 2012 SAEO report. The CLA is responsible for the management of the authorship team and is contracted by the Department until the final report is approved by DEA management structures.
Jointly draft an air and atmosphere chapter of the 2012 SAEO report in close cooperation with other chapter CLAs and members of the PSC, DEA entities and sector departments.
Work with the CLA to draft sections of the air and atmosphere chapter of the 2012 SAEO report.
The experience in the fields of air quality related issues includes both the public sector and the private sector.
The DEA plans to appoint a suitable consultant who has the competency and expertise to prepare a chapter on the climate change issues in South Africa for the 2012 SAEO. The scope of work and timing are presented in the below sections.
Review the inception report to ascertain the nature of stakeholder feedback regarding climate change issues, taking cognisance of those issues that were raised. Where possible, include issues raised by stakeholders on the Climate change chapter.
Review relevant information and datasets pertaining to your field of study taking into account the state of climate change issues for any provinces that have identified these issues as a reporting priority to be included in the 2012 SAEO. Names of provinces who has identified climate change as a priority issue will be made available as soon as the process of identifying such provinces is finalised.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on climate change issues; it should be limited to 25 pages, excluding diagrams, graphs, maps and references. As one of the key objectives of this process is to produce a report that contains objective, accurate and scientifically credible information, specialist authors are urged to use credible literature when drafting the chapter.
Table 1 below summarises the key task and timing for the compilation of the chapter on the Climate Change.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on climate change issues.
Take the overall responsibility for coordinating, drafting and finalizing the chapter to a high standard within deadline set under the overall 2012 SAEO Implementation Plan and manage the chapter working group which will consist of Lead and Contributing Authors. The CLA will have the same skills and resources as the Lead Author, with the additional skills needed to coordinate the preparation of a climate change chapter for the 2012 SAEO report. The CLA is responsible for the management of the authorship team and is contracted by the Department until the final report is approved by DEA management structures.
Jointly draft a climate change chapter of the 2012 SAEO report in close cooperation with other chapter CLAs and members of the PSC, DEA entities and sector departments.
Work with the CLA to draft sections of the climate change chapter of the 2012 SAEO report.
The experience in the fields of climate change related issues includes both the public sector and the private sector.
The DEA plans to appoint a suitable consultant who has the competency and expertise to prepare a chapter on the socio economic issues in South Africa for the 2012 SAEO. The scope of work and timing are presented in the below sections.
Review the inception report to ascertain the nature of stakeholder feedback regarding socio economic issues, taking cognisance of those issues that were raised. Where possible, include issues raised by stakeholders on the Socio economic chapter.
Review relevant information and datasets pertaining to your field of study taking into account the state of socio economic issues for any provinces that have identified these issues as a reporting priority to be included in the 2012 SAEO. Names of provinces who has identified socio-economic as a priority issue will be made available as soon as the process of identifying such provinces is finalised.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on socio economic issues; it should be limited to 25 pages, excluding diagrams, graphs, maps and references. As one of the key objectives of this process is to produce a report that contains objective, accurate and scientifically credible information, specialist authors are urged to use credible literature when drafting the chapter.
Table 1 below summarises the key task and timing for the compilation of the chapter on the Socio-economic.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on socio-economic issues.
Take the overall responsibility for coordinating, drafting and finalizing the chapter to a high standard within deadline set under the overall 2012 SAEO Implementation Plan and manage the chapter working group which will consist of Lead and Contributing Authors. The CLA will have the same skills and resources as the Lead Author, with the additional skills needed to coordinate the preparation of a socio economic chapter for the 2012 SAEO report. The CLA is responsible for the management of the authorship team and is contracted by the Department until the final report is approved by DEA management structures.
Jointly draft a socio economic chapter of the 2012 SAEO report in close cooperation with other chapter CLAs and members of the PSC, DEA entities and sector departments.
Work with the CLA to draft sections of the socio economic chapter of the 2012 SAEO report.
The experience in the fields of socio-economic related issues includes both the public sector and the private sector.
The DEA plans to appoint a suitable consultant who has the competency and expertise to prepare a chapter on the energy issues in South Africa for the 2012 SAEO. The scope of work and timing are presented in the below sections.
Review the inception report to ascertain the nature of stakeholder feedback regarding energy issues, taking cognisance of those issues that were raised. Where possible, include issues raised by stakeholders on the Energy chapter.
Review relevant information and datasets pertaining to your field of study taking into account the state of energy issues for any provinces that have identified these issues as a reporting priority to be included in the 2012 SAEO. Names of provinces who has identified energy as a priority issue will be made available as soon as the process of identifying such provinces is finalised.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on energy issues; it should be limited to 25 pages, excluding diagrams, graphs, maps and references. As one of the key objectives of this process is to produce a report that contains objective, accurate and scientifically credible information, specialist authors are urged to use credible literature when drafting the chapter.
Table 1 below summarises the key task and timing for the compilation of the chapter on the Energy.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on energy issues.
Take the overall responsibility for coordinating, drafting and finalizing the chapter to a high standard within deadline set under the overall 2012 SAEO Implementation Plan and manage the chapter working group which will consist of Lead and Contributing Authors. The CLA will have the same skills and resources as the Lead Author, with the additional skills needed to coordinate the preparation of a energy chapter for the 2012 SAEO report. The CLA is responsible for the management of the authorship team and is contracted by the Department until the final report is approved by DEA management structures.
Jointly draft a energy chapter of the 2012 SAEO report in close cooperation with other chapter CLAs and members of the PSC, DEA entities and sector departments.
Work with the CLA to draft sections of the energy chapter of the 2012 SAEO report.
The experience in the fields of energy related issues includes both the public sector and the private sector.
The DEA plans to appoint a suitable consultant who has the competency and expertise to prepare a chapter on the waste management issues in South Africa for the 2012 SAEO. The scope of work and timing are presented in the below sections.
Review the inception report to ascertain the nature of stakeholder feedback regarding waste management issues, taking cognisance of those issues that were raised. Where possible, include issues raised by stakeholders on the Waste management chapter.
Review relevant information and datasets pertaining to your field of study taking into account the state of waste management issues for any provinces that have identified these issues as a reporting priority to be included in the 2012 SAEO. Names of provinces who has identified waste management as a priority issue will be made available as soon as the process of identifying such provinces is finalised.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on waste management issues; it should be limited to 25 pages, excluding diagrams, graphs, maps and references. As one of the key objectives of this process is to produce a report that contains objective, accurate and scientifically credible information, specialist authors are urged to use credible literature when drafting the chapter.
Participate and present the chapter at the launch of the 2012 SAEO.
Table 1 below summarises the key task and timing for the compilation of the chapter on the Waste Management.
Upon approval of the outline/table of content and a list of indicators, draft the chapter on waste management issues.
Take the overall responsibility for coordinating, drafting and finalizing the chapter to a high standard within deadline set under the overall 2012 SAEO Implementation Plan and manage the chapter working group which will consist of Lead and Contributing Authors. The CLA will have the same skills and resources as the Lead Author, with the additional skills needed to coordinate the preparation of a waste management chapter for the 2012 SAEO report. The CLA is responsible for the management of the authorship team and is contracted by the Department until the final report is approved by DEA management structures.
Jointly draft a waste management chapter of the 2012 SAEO report in close cooperation with other chapter CLAs and members of the PSC, DEA entities and sector departments.
Work with the CLA to draft sections of the waste management chapter of the 2012 SAEO report.
The experience in the fields of waste management related issues includes both the public sector and the private sector.
<fn>GOV-ZA.20131En.2012-02-10.en.txt</fn>
This hospital operates in the Worcester/Robertson Health District of the Boland Region.
<fn>GOV-ZA.20136En.2012-02-10.en.txt</fn>
This clinic operates in the Cape Town Central Health District of the Metro Region.
<fn>GOV-ZA.20139En.2012-02-10.en.txt</fn>
This clinic operates in the Paarl Health District of the West Coast Region.
<fn>GOV-ZA.20170En.2012-02-10.en.txt</fn>
408 PRETORIA, 10 1999 No.
Minister of Trade and Industry, do hereby, in terms of section 10(3) of the Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 71 of 1988), publish the report of the Business Practices Committee on the result of an investigation made by the Committee pursuant to General Notice 1950 of 1997 as published in Government Gazette No. 18531 dated 12 December 1997, as set out in the Schedule.
1988 (Wet No.
(ACT No.
The Business Practices Committee (the Committee) was established in terms of section 2 of the Harmful Business Practices Act, 71 of 1988 (the Act). The purpose of the Act is to provide for the prohibition or control of harmful business practices. A "harmful business practice" is any business practice that, directly or indirectly, has or is likely to have the effect of harming the relations between businesses and consumers, unreasonably prejudicing any any consumer.
Before discussing the complaint received by the Committee it might be useful to explain a number of terms used in the time sharing industry, such as timeshare pooling systems and points fights, a trust and the management associations and its functions.
In terms of the Act the could a section 8(1)(a) investigation into the business practices of a particular entity or individual.
Notice of a section investigation is published in the Government Gazette.
A timeshare pooling scheme (points club) consists of a number of timesharing weeks or stock "deposited" by timeshare owners in exchange for points in the pool. Further stock for the pool purchased by the company selling points (the vendor company or the points club) to increase its stock. The increased stock the timeshare owners a choice of and makes possible the selling of points to other members of the pooling scheme. In a timeshare pooling scheme timeshare rights are derived from agreements reached between the administrator of the pooling scheme and owner of the timesharing interest.
The Property Timesharing Control Act, 1983 (Act of 1983) sets out stringent requirements for all timesharing schemes regarding the scheme documentation and the administration of the scheme. In terms of the definition contained the Property Timesharing Control Act, pooling schemes are based on a timeshare scheme under pined by a trust or a club.
It was stated above that the vendor company purchases timesharing interests. These interests consist of proprietary rights (timeshare weeks) and usage rights (pool points purchased by those that did not contribute any timeshare weeks). The vendor company registers these rights in the name of the property-owning trust.
It was also stated above that the vendor company buys stock or time share weeks for the pool. As a quo the trust retains the proprietary rights of the timesharing and the use rights (to the accommodation and facilities of a resort) back to the vendor company as points rights or accommodation credits. This enables the vendor company to sell the use rights to clients. The trust in which the timeshare interests are registered protects clients' investments.
The points rights or accommodation credits allocated to a specific timesharing interest depends on the grading of the resort, the size of the unit, the resort amenities and the time of the year the unit is available. Vendor companies administering points schemes compile points tables or guides wherein they grade the resorts in which they acquired weeks and allocate points in respect of the usage rights.
Control Act, 1980 (Act No. 59 of 1980) and Sectional Titles Act, 1971 (Act No. 66 of 1971) must be adhered to. For example, in a typical points scheme with a registered trust, the total points annually assigned to a unit are usually ensconced in the constitution of the vendor company. This ensures that the vendor company cannot diminish or increase the value of the usage rights at will.
The management association is the representative body of the members of the pooling scheme. The management association by virtue of its constitution is the of the thereby completing the commercial circle and contractual relationships of the various parties in the scheme. The absence of a trust implies that the "points fights" sold to clients have no legal origin. The purpose of the is to hold to the weeks for the benefit of the management association.
The management association carries out the duties set out in the constitution of the vendor company as required by the Property Time Share Control Act.
to pay levies due to the resorts where the timesharing interests emanate from.
In summary, the vendor company operates the pooling scheme according to the is constituted to safeguard and hold title to accommodation included in the scheme according to the provisions of the trust deed.
The activities of and came to the attention of the Committee when a consumer who was a member of a timeshare points club ("A"), received a letter from inviting her to join Leisure Club. Leisure Club also operated a timeshare points club. She was informed that she could become a member of Leisure Club at no additional cost and would receive the same number of timeshare usage points as she had with "A". Should she to become a member of Leisure Club, the premiums due to "A" would have been paid to Leisure Club.
Officials of the Committee visited on various occasions and held discussions with and his attorney. The investigation by the Committee was frustrated on many occasions. The following serve as examples.
29 April 1996: The Committee received a complaint from against The allegations were, that did not have a registered trust, the being sold to members therefore had no "legal origin", the vendor had not registered with the Estate Agents Board and did not possess a fidelity certificate and that a management association had not been formed.
08 May 1996: The Committee faxed letter to about the complaint received.
16 May 1996: sent a fax to the Committee in which it was stated that it would the assistance of the Committee as it believed that the was drawn into the on a daily basis.
visited the of the attorney in Durban.
sent the Committee a fax in which alleged that the trust account (see section 2) was in the process of being registered.
13 June 1996: The Committee received a fax from in which the Committee was requested to conduct a section 8(1)(a) investigation.
12 July 1996: The attorney sent a fax to the Committee in which he referred to sections 23 and 24 of the Constitution of the Republic of South Africa.
"Should your client not comply with this request before on 24 October 1996 the Committee would be left with no alternative than to publish its intention of formally investigating your client's business activities in the Government Gazette".
28 October 1996: The Committee received a letter from the attorney in which he stated that he would revert to the Committee in due course.
04 November 1996: The attorney faxed a letter to the Committee. He said that his client's instruction was that he would bring an application against " such official in his personal capacity; report the matter to and refer the matter to the Minister of Trade and Industry for an enquiry".
21 November 1996: The Committee invited and his attorney to meet the Committee on 5 December 1996.
)(c) or a 8(1)(a) investigation into the business practices of a or individual.
investigation enables the to make such preliminary investigation as it may consider necessary into, or confer with any interested party in with, any harmful business practice which allegedly exists or may come into existence.
)(c) investigations is not published in the Government Gazette as opposed to 8(1)(a) investigations. The of investigations is to enable the Committee to make a more informed decision as to whether a 8(1)(a) investigation is called for. The Minister of Trade and Industry is not empowered to make any decisions on the strength a section investigation. He may do so in terms of a 8 investigation.
(the meeting on 5 1996) but will expect a , written once the meeting has been held.
An called the attorney and it was agreed that a meeting would beheld at the offices of the attorney on 20 February 1997. The meeting of 20 February 1997 was attended by the the attorney and two officials. On the same date the attorney wrote to the Committee stating that his client " hereby gives his irrevocable and unequivocal undertaking to comply with the code" and "We will be forwarding you all other requirements relating to the trust account, audited certificates, stock holding and constitution".
22 May 1997: The Committee received two more complaints against Leisure Club.
the Committee had already resolved on 24 October 1996, more than a year ago, to undertake a section 8(1)(a) investigation in terms of the Act into the business practices of your client, your client gave his and unequivocal to comply with the code and that you would be forwarding all other requirements relating to the trust account, audited certificates, stock holding and constitution as arranged during our meeting in Durban on 20 1997, and the required information and documents have not yet been furnished to the it is clear that the Committee have bent over backwards to accommodate your client.
In a letter dated 10 November 1997 the attorney wrote the following to the Committee: "Be that as it may, our mandate has ended and our files are now closed".
On 20 February 1997 he stated in a the Committee that his client " his and unequivocal undertaking to comply the code". In a letter dated 19 December 1997 to the attorney the Committee wrote: "Now your client contends that he does not know in what respects he is in breach of the code. He must have known in February 1997 in what the code was breached, otherwise he could not have given an undertaking to comply with the code".
Also on 19 December 1997 the Committee said that officials of the Committee should meet with the attorney and at his offices to finalise the investigation. It was put to attorney that rather than a vague "undertaking to comply with the code", his client could spell out exactly what he will comply with and when he would do so.
It was established that the structures which were set in place according to the constitution of the club were nonoperational. For example, the non registration trust.
This concerned the Committee because as sole shareholder owned these weeks and not the trust as required by the Property Time Share Control Act.
also did not see to it that a management association was put in place. He administered Leisure Club as a management association, in spite of the sales agreements specifying that he could not be involved with the managing association. The structures that did exist, were cumbersome and ineffectual.
The members were at risk as to both the assets of Leisure Club (the registration of a trust) and the making of reservations at the resorts. It was also evident from the levy statements that the fees collected from Leisure Club's members, could not meet the levy commitments of the different resorts. The non-payment of these levies resulted in the accommodation rights of the units not being available to clients.
At some stage after the commencement of the investigation, did register a trust. This trust, however, was not a but resembled a trust with as the only trustee. He thus had sole discretion over funds. The trust registered by defeated the requirement of a owning trust. It was found that a significant portion of the of Leisure Club consisted of weeks ceded to the family put the members that had bought points at severe risk.
An important marketing strategy employed by pooling schemes is that members not purchase points to buy a full week's They are afforded the to buy fewer points at a time which could be supplemented at a later stage. lesser number of points bought could also accumulated by the which would him to enjoy a s accommodation, say year. Another marketing strategy is that members could visit any of their choice and they were not to the resort they have originally bought a timeshare These two marketing strategies were also exercised by However, the successful application thereof was possible only if has had stock available at the resort requested by the member.
This represented 20 resorts in which had at its disposal 92 weeks. Yet, most of these were not transferred to and were still registered in names of clients. Thus, a number of weeks were registered in the name of and other in the names of the original owners. The weeks had to be transferred to a trust to ensure that members that bought points indeed had assets. sold points rights to 118 clients. The available stock did not match or exceed the stock acquired by clients. Several clients of were still indebted to because the latter financed their purchases of points. Others were also considerably in arrears with payment of their annual membership fees to Leisure Club due to the inadequate administration of the scheme. A brochure used in the marketing of the scheme showed 90 different each with an allocation of 52 weeks per unit. This was not true and could have misled clients.
The constitution of the management association only followed the basic provisions contained in pooling schemes. There was no protection for the clients the constitution did not provide for meetings of the association. The constitution also stated that the one trustee at date of the adoption of the constitution would be the sole executive committee member. The owners in the scheme apparently had no representation whatsoever in the management association.
There were also provisions in the constitution that the executive committee dispose of the sole and exclusive right to amend the constitution and to set the rules pertaining to the generation of income and the allocation of expenditure.
was only director of trustee of the "family" trust, and member of the executive committee.
A further concern of the Committee was the provision in the sale agreements that would, free of charge, increase the points purchased by a member by 50 percent every year. The effect of this provision was that was obligated to buy additional weeks to enable the allocation of these additional points. additional points not generate any income for and represented an indirect expenditure. This provision seriously jeopardized the points availability and stock.
Where a time sharing scheme is based on a club or a trust, and the rights of members are expressed in points, such schemes, in terms of the Committee's Consumer Code for the Time-Sharing must furnish the Committee with a certificate from an auditor verifying the following.
The stock of time sharing held by the club/trust is sufficient to satisfy the number of points or rights held by club/trust members. The certificate must indicate the average points or similar identification system, required by such member to occupy peak, mid and low season weeks, the number of weeks held and the number of members which fall into these three categories, with due regard to the grading system used by the time sharing scheme.
The levies due and payable by the have been paid.
Systems employed by the club/trust are capable of performing, monitoring and executing the functions, control and provisions contained in the scheme documentation.
(e)The alienation of time sharing in such a club/trust time sharing scheme shall provide prospective purchasers at each point of sale with a schedule reflecting the names of the resorts, and also the number of weeks in those resorts held by the club/trust timesharing scheme. Such schedule shall reflect a minimum number of so hold. It shall not be a contravention if in fact the scheme held more than the stock of time sharing so described, at the time of sale.
did not comply with any of these provisions.
He said that he accept the merging of Leisure Club existing points pooling scheme which is also a member of Such a step would ensure the protection of the owners' timesharing interests.
The contracts entered into by consumers with Leisure Club were to their extreme disadvantage. Leisure Club was an inappropriate vehicle for these types of agreements. The accounting, management and administrative practices of Leisure Club were insufficient. No grounds justifying the practices in the public interest have been found.
The Committee finds that the business practices of and Leisure Club constitute harmful business practices. It has been shown that the were not able to manage a pooling system.
the parties were to be allowed to operate a similar scheme, it is likely that an unsuspecting public would be exposed to losses.
under section 12 (l)(c) of the Act direct the parties to refrain from the application or continuation of any business practice as described in paragraph(a) above, and to cease to have any interest in a business or type of business which applies to such a business practice or to derive any income therefrom and to refrain from at any any interest in or deriving any income from a business or type of business applying such a business practice.
Development trading as Leisure Club and or any employee, agent or representative of a business in which they have an interest, in the of business, sell or offer for sale any type of timeshare or pooling scheme to the public or receive funds from potential timeshares or timeshare rights pooling schemes from buyers while complying with the conditions of full membership or associate membership of the Time Share Institute of South Africa.
Trade and after having considered a report by the Business Practices Committee in relation to an investigation of which notice was given in Notice 1950 published in Government Gazette No.
18531 of 12 December 1997, which report was published in Notice 1136 in Government Gazette No.
Act, 1988 (Act No. 71 of 1988), as set out in the Schedule.
unless the comply with the conditions of full membership or associate membership of the Timeshare Institute of South Africa.
Development trading as Leisure Club, (ID 6205095167085), and any employee, agent or representative of any of the above-mentioned.
The harmful business practice is hereby declared unlawful in respect of the parties.
refrain from at any time obtaining any interest in or deriving any income from a business or type of business applying the harmful business practice.
This notice shall come into operation upon the date of publication hereof.
Page Gazette No. No. No. No. No.
Committee: Report 71: Report 71: in in terms of 10 (1) . . . . . . . . . . . . . . . . . . . . . . . . 20170 van 10 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 20170 1137 do.: do.: Notice in terms 12 (1) (b) and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1137 do.: do.: in van 12 (1) (b) en (c) . . . . . . . . . . . . . . . . . . . . . . . . . . ..
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This clinic operates in the Helderberg Health District of the Metro Region.
The contact person is: Sr.
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<fn>GOV-ZA.20189En.2012-02-10.en.txt</fn>
This clinic operates in the Stellenbosch Health District of the West Coast Region.
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The SOEs in particular with their more developmental role have an added responsibility to ensure better engagement with municipalities.
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An element of transformation, based on the National Plan for Higher Education, and which will affect all higher education institutions, is the creation of a new institutional landscape. The meeting also approved the International Trade Administration Bill which, among other things, establishes a Commission for International Trade Administration (CITA) which replaces the Board for Tariffs and Trade (BTT).
URL: http://www.info.gov.za/speeches/2002/02052917131001.
The meeting was informed that the Department of Communications and Icasa had resolved the matter of the offer for the Black Economic Empowerment component of the Second National Operator. Cabinet examined preparations for Child Protection Week (25 May - 1 June), which this year will be used to launch a campaign for the registration of children for the Child Support Grant.
URL: http://www.info.gov.za/speeches/2002/02051516281001.
Cabinet discussed proposals from the Department of Education processed from the Report of the National Working Group on "The Restructuring of the Higher Education System in South Africa".
URL: http://www.info.gov.za/speeches/2002/02051315461001.
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This clinic operates in the Khayelitsha Health District of the Metro Region.
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Was your 2010 ticket application successful?
Soccer fans worldwide will today find out if their ticket applications for the 2010 Fifa World Cup has been successful or not.
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This clinic operates in the Oostenberg Health District of the Metro Region.
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This clinic operates in the Ceres/Tulbagh Health District of the Boland Region.
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This clinic operates in the Tygerberg Western Health District of the Metro Region.
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This clinic operates in the Mossel Bay/Langeberg Health District of the Southern Cape Region.
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This clinic operates in the Malmesbury Health District of the West Coast Region.
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This clinic operates in the South Peninsula Health District of the Metro Region.
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This clinic operates in the Nyanga Health District of the Metro Region.
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The report on progress with South Africa's "Make Roads Safe" campaign and the National Rolling Enforcement Plan (NREP).
On 1 October 2010 we embarked on the "Make Roads Safe" campaign and new National Rolling Enforcement Plan. This marked the start of a major law enforcement drive in South Africa and reflects government's commitment to reducing road carnage by half, in accordance with the Millennium Development Goals (MDGs) and the United Nations Decade of Action (from 2011 to 2020) against Road Deaths.
From 1 October 2010 to 3 January 2011, almost 4.5 million (4 429 095) vehicles and drivers have been checked and more than 2 million fines issued for various traffic offences. This is well above the million-a-month target announced in October 2010.
The 2010/11 Festive Season started on Wednesday, 1 December 2010 and continued until today Tuesday, 11 January 2011. During the festive period, we experienced the biggest increase in traffic volumes on the main routes leading out of Gauteng. The N1 north and south, the N3 towards KwaZulu-Natal and the N4 towards Mpumalanga recorded some of the highest traffic volumes.
During December 2010, law enforcement activities included 852 roadblocks country-wide, where a total of 1 608 548 vehicles were stopped and checked.
Ã 5822 vehicles being impounded / suspended / discontinued.
Ã 9 182 drivers were arrested.
Ã 3 332 arrested for drunk driving.
Ã 100 for reckless driving.
Ã 415 for excessive speed.
Ã 23 for overloading.
Ã 553 189 fines issued for various offences.
Last year (2009/10), we reported that there were 1 582 fatalities out of 1 247 fatal crashes during the festive season. By the time we finalized last year's festive season report, the number of fatalities had increased to 1 761 from 1 December 2009 to 11 January 2010.
Between 1 December 2010 and 8 January 2011, 1 221 fatal crashes had occurred resulting in 1 551 fatalities.
Ã Overtaking when not safe to do so.
Ã Tyre burst.
Ã KwaZulu-Natal - Utrecht, single vehicle overturned (minibus) with 11 fatalities.
Over the past month, 415 motorists were arrested for excessive speed.
· Last Saturday (8 January 2011), a speedster was arrested for travelling at 208km/h and being three times over the legal alcohol limit on the N1 south near Johannesburg.
· On Thursday (6 January 2011) last week, a Human Resources Officer was caught speeding at 221km/h on the N4 near Garankua.
· Free State Mec for Sport, Arts and Culture, Dan Kgothule was arrested for speeding at 235km/h in a 120km/h zone. He pleaded guilty and was sentenced to a fine of R20 000 in the Bloemfontein Magistrate's Court.
While South Africa experiences road deaths in the thousands, countries with similar colonial histories such as New Zealand and Australia see fewer fatalities. In Australia, only 120 people are killed on the roads every month. In New Zealand, only 20 people die on the roads each month. In the case of South Africa, more than 1 000 people are killed every month, over 13 000 annually.
The question every South African must ask is: who is it going to be this month Which 1000 is it going to be in February 2011; which 1000 in March; which 1000 in April Is it going to be your neighbour, your loved one In any event, it is going to be a fellow citizen?
Who among you are ready to be among the over 1000 people who will definitely be killed on our roads over the next month, and the following month, and the month thereafter?
For this reason, we talk of carnage on South Africa's roads. Carnage refers to the violent killing or slaughter of a large number of people. It is this certainty - that so many are going to die on our roads - which we must stop. In Australia, New Zealand, Canada and other countries they rightly talk of accidents. An accident happens by accident.
There was a time when these countries were in a similar position as we are today. They decided that extraordinary measures had to be taken. These had to do with driver training, enforcement, engineering and education. But a large part was about public awareness and a realisation that road deaths are not natural. South Africa will get there.
Our goal is for South Africa to fail to kill and maim healthy individuals in their thousands whom we condemn to wheelchairs every day, every month, every year. This is what will measure our success, this particular failure.
· The first call is that all South Africans and road users must no longer be by-standers. We must all become active participants by joining our Voluntary Traffic Observer Programme at www.rtmc.co.za or by calling the RTMC Call Centre on 0861 400 800. Report traffic offenders.
· We therefore welcome the taxi industry's initiative led by the South African National Taxi Council (SANTACO), for implementing its own HLOKOMELA campaign. Through this campaign, the taxi industry pledges to do everything to promote road safety for commuters, drivers and operators. The taxi industry is not a bystander but is active in the reduction of road accidents.
· We have also made amendments to the national Road Traffic Act. In addition to a fine and/or imprisonment, the national Road Traffic Act now places a duty on the courts to suspend or disqualify driving licences.
· As of 20 November 2010, driving over the prescribed speed by more than 30km/h within an urban area and more than 40km/h outside an urban area may result in the suspension or cancellation of your driving licence. In the case of a first offence, for a period of at least six months; a second offence, for a period of at least five years; or a third or subsequent offence, for a period of at least ten years.
· This Amendment of section 35 of Act 93 of 1996 further states; "If a court convicting any person of an offence referred to in subsection (1) is satisfied, after the presentation of evidence under oath, that circumstances relating to the offence exist which do not justify the suspension or disqualification referred to in subsection (1) or (2), respectively, the court may, notwithstanding the provisions of those subsections, order that the suspension or disqualification shall not take effect, or shall be for such shorter period as the court may (deem) consider fit."
· In this regard last Friday (7 January 2011), I had a discussion with the Minister of Justice Mr. Jeff Radebe regarding this matter. We agreed to ensure that all courts are aware of these amendments.
· We also have plans together with the Department of Basic Education and provinces, to introduce road safety education as part of the life skills curriculum at schools, towards ensuring that every Grade 11 learner will have a learner's licence and every 18-year-old a driving licence.
· The NREP will become a permanent feature of life in South Africa from now on.
· In collaboration with two of our agencies, the Department of Transport will further expand visible traffic policing with the introduction of a specialized Law Enforcement Unit on national roads. This unit will commence operations from April 2011 in Gauteng as a pilot project, and will support other law enforcement agencies. Over the past six months, training of 250 traffic officers for the enforcement unit took place. These officers will conclude their training by March 2011. With this enforcement unit in place, the Department of Transport is confident that road user behaviour and compliance with rules of the road will improve.
In order to monitor progress, Provinces, Districts, Local Municipalities, Villages and Community Road Safety Councils will become the focus of our campaign. Every square inch of our provinces will feel our presence. Each District will report to us on a regular basis how many accidents took place in its jurisdiction and what the causes are so we can deal with those issues. If a District has trouble with drunk driving or speeding, we can deploy our national enforcement unit to these trouble spots, in order to really deal with the carnage on our roads.
However, once there is a death, we will also be on hand through our Road Accident Fund to assist the affected families and survivors. The victims of road accidents will never be alone. Road safety is not what the Department of Transport does to a community; it is what we do together with the community. As we hand over the Torch of Peace today, we say 2011- 2020, a Decade of Activism for Road Safety. Be Part of It!
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the numerical representation of women in elected office * the employment of women in key decision making structures in the administration of local government * a workplace that is free of discrimination, harassment and violence against women * a workplace that protects and advances the rights of women * equal access for women to goods and services offered by local government * the centrality of women in making decisions that have a direct bearing on their socio-economic condition as women.
URL: http://www.info.gov.za/speeches/2006/06091110151006.
URL: http://www.info.gov.za/speeches/2007/07050915151001.
So with all these rules now in place I hand over to Minister Essop Pahad. Minister Essop Pahad: Colin thanks. Minister Essop Pahad: No, that's your job, not mine, or our job.
E Pahad: National Emergent Red Meat Producers Organisation and SA Youth Agribusiness Co-operative Limite?
URL: http://www.info.gov.za/speeches/2006/06051817151001.
When the industrialisation of South Africa began in the second half of the 19th century, African South Africans seized emerging business opportunities. In 1913 the Land Act of the Union of South Africa banned Africans from owning land outside areas scheduled for them ' eventually less than 13 per cent of the land area of South Africa. They seem to forget the massive destruction of the black business class that devastated South Africa during the apartheid era.
URL: http://www.info.gov.za/speeches/2004/04112213451001.
The Minister of Health is attending the World Health Organisation's Afro regional meeting in Brazzaville, Congo while the Minister of Social Development is attending the African Union (AU) conference in Barbados. Efforts are being made to strengthen the National Health Information System by training and appointing 2 300 unemployed matriculants to improve the comprehensiveness and quality of health information.
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Pretoria, 29 March 2011 - The Cooperative Governance and Traditional Affairs ministry's National Disaster Management Centre (NDMC) has today cautioned communities to be on a continuous lookout for possible flash floods as threat of above-normal rainfall still looms over some regions until the end of the summer rainfall season.
The latest weather forecast indicates that the summer rainfall regions, especially in the eastern and south-eastern parts of the country, may still experience above-normal rainfall until the end of March and diminish as we enter into the winter season.
" We encourage people to continue monitoring weather developments by listening to their local media and also to consult their local authorities for assistance in the event of flash floods as we have not yet passed the rainy season and possible above-normal rains are still in the picture", said acting head of NDMC Modiege Sethusha.
Over the weekend several areas in Johannesburg and Pretoria were besieged by flash floods as a result of incessant isolated downpour experienced across Gauteng province.
Although no major damages were reported around the province as a direct result of the weekend rainfall, the following incidents were reported within the City of Johannesburg Metropolitan Municipality: Close to 100 shacks were affected by flash floods at Protea Glen informal settlement.
A 30-40 year-old woman has been reported as missing in Alexandra's Setswetla informal settlement, emergency services officials are still searching for her.
A bridge was washed away at Sunninghill.
Low-lying areas at New Canada were flooded.
The NDMC is in contact with provincial and local disaster management teams on the ground to monitor the situation and give support where required.
People who stay in low-lying areas are encouraged to continue taking necessary precautions and monitoring the weather pattern for the duration of the summer rainfall season.
·       Continuously listen to local media for updated emergency information.
·        Be prepared to act immediately as floods, and flash floods in particular, can happen quickly without warning.
·       Follow instructions and advice from local authorities as they are best informed about areas that are likely to be affected.
·       In case of evacuation, leave affected areas timeously to avoid being engulfed by flooded roads, delaying leads to all escaping routes to be        blocked.
Issued by the Department of Cooperative Governance.
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This clinic operates in the Mitchells Plain Health District of the Metro Region.
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POLOKWANE: The National Road Traffic Regulations have been amended. The amendment is in Government Gazette 33796, Notice number 1113 published on 25 November 2010. It is called the Seventeenth Amendment and came into force on publication.
New motor vehicles registered after 01 August 2010 must have number plates that are fitted with pop rivets or screws. If it cannot be fitted to the vehicle it must be fitted to a bracket that complies with SANS 973. This amendment will minimize crime and road traffic offences by motorists who easily remove the number plates so that they are not traceable. It will not be easy to remove the number plate and put it back after the commission of crime since it will always incur additional costs. The number plate is made out of aluminium which will make it difficult to burn beyond recognition during an accident scene.
As of 1 February 2011 persons who obtain driving licences for a code C, C1, EC or EC1 driving licence will not be allowed to drive a motor vehicle that requires a code B or code EB licence (in old terms - a person with a code 10, 11, 13 or 14 licence cannot drive a vehicle for which you need a code 08 licence). This will only apply to new licence holders. Quite a big number of learner drivers apply for heavy motor vehicles driving licences as opposed to light motor vehicles so that they can avoid parallel parking tests as an example. The reality is that once they have obtained their heavy motor vehicle licences, they drive light motor vehicles of which they are not familiar with its driving controls and end up being involved in accidents. It is also expected that all those drivers that have obtained heavy motor vehicle driving licences should possess Professional Driving Permits but, the statistics shows something different. This proves the fact that the applicants needed the driving licences for light motor vehicles not for heavy motor vehicles.
Directional Stability Control Devices for mini and midi buses are introduced through a certification process that forms part of the roadworthy test. It applies to all mini and midi buses and not only newly manufactured vehicles. The registered owner of a motor vehicle or proxy must submit a duly completed form DSCD to the testing station. A Directional Stability Control Device is a device that prevents a tyre dislodging from the rim when the tyre burst whilst the vehicle is motion.
An amendment to Regulation 332 was published and lists the evidential breath testers that may be used to collect evidential breath samples and the certificate issued by the manufacturer or supplier may be used as evidence in cases, by the mere production thereof. This amendment seeks to address the issue that was raised pertaining to the legality of the breathalyzers in terms of section 65(7) of the National Road Traffic Act, 1996 (Act No 93 of 1996) and complies with SABS 1793: Evidential Breath Testing Equipment or SANS 1793: Evidential Breath Testing Equipment and may be used to ascertain the concentration of alcohol in breath.
"This is more opportune during this festive season as it gives an added boost to our efforts to fighting drunken driving on our roads", says MEC of Roads and Transport Pinky Kekana.
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Cell: 083 246 3279 class="MsoNormal">The Minister of Trade and Industry, Dr Rob Davies and Deputy Ministers Ms Elizabeth Thabethe and Ms Thandi Tobias-Pokolo will on Monday, 18 July 2011 heed the national call to help change the world for the better in celebration of the Nelson Mandela Day, by leading teams of the department officials to KwaZulu-Natal, Northwest and Gauteng where they will be dedicating 67 minutes of their time to various noble causes.
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The government has today reaffirmed its state of readiness and commitment to host the 2010 FIFA World Cup. "All the 24 2010 FIFA World Cup projects are running like a well oiled machine and the first ever African World Cup will be a success," said the Deputy Minister of Finance during a media briefing held in Pretoria today. The government preparations for the 2010 FIFA World Cup are on schedule including stadiums, transport and other infrastructure projects.
URL: http://www.info.gov.za/speeches/2007/07051610151002.
Government Communication and Information System (GCIS) to brief media on Government's programme in preparations for the 2010 FIFA World Members of the media are invited to a media briefing on the Government's programme in preparations for the 2010 FIFA World Cup to be held in South Africa. The briefing will be led by the Deputy Minister of Finance, Mr Jabu Moleketi.
Members of the media are invited to the 2010 FIFA World Cup media briefing to be addressed by the Deputy Minister of Finance, Jabu Moleketi. The Deputy Minister will give an update on the progress made by government in preparation for the 2010 FIFA World Cup.
URL: http://www.info.gov.za/speeches/2007/07051108451001.
Results: 1 to 20 of 401 (104467 searched in 0.621.
URL: http://www.info.gov.za/speeches/2009/09042111551002.
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South Africa and France are engaged in a strategic partnership based on shared values and converging interests which support Africa's development.
At multilateral level, South Africa and France cooperate in the United Nations Security Council (UNSC) and the European Union. Both countries also collaborate at the Group of 8 (G8) and the Group of 20 (G20), of which France is the president.
France supports South Africa in its efforts to consolidate the African Agenda.
France is committed to supporting the development of infrastructure and ensuring food security in the most vulnerable countries and will take to the G20 the debate on development funding through innovative financing, particularly the financial transaction tax.
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This clinic operates in the Vredendal Health District of the West Coast Region.
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This clinic operates in the Caledon/Hermanus Health District of the Boland Region.
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This clinic operates in the Greater Athlone Health District of the Metro Region.
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Obviously like any government in a democracy we would like to deliver high quality services.  As a developing country, we have limited resources to deal with our huge inequalities, and so we have had to be constantly innovative. The global recession has not hit us as hard as other countries, but hit us it has. Over a million jobs were lost - of an economically active population of about 13 million - and there has been a significant decline in foreign direct investment. So we've had to be more innovative than ever. We're making some headway, but we still have a long way to go.
Obviously, high quality services are important. And these are, of course, meant to be delivered at local government level. But more than high quality services, our challenge has been to provide basic services to the poor and disadvantaged, who make up the vast majority of our country. In South Africa, we provide free basic services of water and electricity to the poor up to a particular limit. These services are provided primarily by local government, which gets funding from the national fiscus to do this.
Our achievements in this regard are significant.
In 2001 75 % of our people had access to water. Today 93% do.
In 1994  32 % of our people had access to electricity. Today 82% do.
In 2001 60% of our people had access to basic sanitation. Today 70% do.
In 2001 59% of our people had access to basic refuse removal. Today 69% do.
Of course, these statistics do not tell us about the quality of the services. Nor about how consistently people receive them. We feel we need to do more. And the service delivery protests that break out in our country tell us that we simply have to! These protests have escalated in the past two years. In part they reflect the effects of the global recession, in particular job losses and increases in the cost of living.
Currently, our unemployment rate is between 30 and 40%. Close to 27% of our people survive on social grants and a significant proportion depend on free basic services of water and electricity.  We simply cannot sustain this economically or financially. And the recession has served to make this even more glaringly obvious. So we have major challenges. But we refuse to budge from our view that in a civilized society people must have access to at least a minimum level of water, electricity, sanitation and refuse removal services. In fact, we plan to provide a free basic service of refuse removal to the poor in future as well.
So what do we do What, indeed, are we doing In the first instance, we are moving away from a welfarist to a more developmental state approach. We have just shaped our New Growth Path which has at its core the creation of decent jobs through effective partnership between government, business and labour, and we have, in effect, declared this year as the year of a decisive commitment to job-creation. The government has, through various means, allocated a substantial part of our budget for job-creation?
Every Department in every sphere of government, and every section of business, labour and civil society is to be mobilized behind this new effort at job-creating economic growth. We are not naïve. The challenges are formidable. And we are determined to confront them. Of course, in a society with our divides, securing consensus is no easy task. But we want, at least, significant consensus - a consensus that is functional to achieving most of our key objectives.
Improving local government services on a sustainable basis is not possible without a significant improvement in job-creating economic growth. This means that local economic development (LED) is more important than ever. As the New Growth Path evolves, LED needs to be given more attention, and national and provincial government have to give municipalities more support. As the National Ministry for local government we are keen to see an LED Advisory Council set up in every District municipality (which brings together several Local municipalities). Working with other stakeholders we also want to help to ensure that local business organisations, especially small businesses, but cooperatives also, are properly organised to benefit from and contribute to LED.
We have also launched a "Business-Adopt-a-Municipality" programme to encourage businesses and state-owned enterprises to link with specific municipalities to assist them to operate more efficiently and more effectively deliver key services. After all, for business to prosper, there has to be the efficient delivery of such services as water, electricity, sanitation, refuse removal and roads.
We launched in October 2009 the Local Government Turnaround Strategy to improve the performance of municipalities around the theme "Local Government is Everybody's Business". Right now before parliament we have a Bill that seeks to reduce the possibilities of jobs-for-political-pals and improve the prospects of professionalising the municipal administration.
While the government recognises the importance of the private sector, we are not just relying on business for economic growth, and are spearheading a major infrastructure investment drive of some R810 (€72,2) billion. Not only will this help with job-creation, but huge investments in water, electricity transport and ICT will contribute to improving and expanding services. The national government allocates, in fact, a specific grant, the Municipal Infrastructure Grant, for local government infrastructure. In order to accelerate infrastructure delivery, a Special Purpose Vehicle is to be created. It will assist municipalities with engineering and other technical skills, and, within limits, to raise money from the private sector.
We are encouraging municipalities to have better debt-control and revenue raising strategies. We also launched "Operation Clean Audit 2014" aimed at ensuring that municipalities (and provinces) get unqualified audits by 2014. The better municipalities manage their funds, the more effective their service delivery will be.
A major review of the powers and functions of local, provincial and national government to facilitate more effective cooperative governance.
A review of legislation passed since the first democratic elections of 1994 that has had the unintended consequence of impeding service delivery.
A review of the Intergovernmental Fiscal system to direct more funds to local government.
Reducing "red tape" for businesses and encouraging the growth of small businesses.
The more frequent and effective use of the shared services approach.
More effective procurement strategies.
A better resourced and more empowered Ward Committee system with more active community participation.
More effective role for Community Development Workers (CDWs) who link citizens with government departments in a supposedly more activist way.
So this then for now! In 10 minutes I can't say more. I hope it's been of some use.
Finally, if you want a copy of my speech, come to Cape Town or Pretoria! And while you're there, you can visit the Drakensberg mountains in KwaZulu-Natal and the Kruger National Park in Mpumlanga. That'll be your contribution to job creation and LED in the country that gave you Nelson Mandela! How about that?
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URL: http://www.info.gov.za/speeches/2003/03030409461003.
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President Kgalema Motlanthe will tomorrow, 24 February 2009, chair the Presidential Joint Social Sector Working Group meeting at the Union Buildings.
I thank you for inviting me on this winter morning to the 2008 Electricity Distribution Maintenance Summit. I believe this summit is a vital platform to review outcomes and resolutions of the 2003 Electricity Summit and also provides us with a space to formalise new targets that involve the participation and inputs of all stakeholders in business, government, labour and civil society.
We also need to ensure that, in addition to Eskom's massive investment programme, independent power producers and co-generators are able to enter the market and contribute more to our supply than before.
I would add that deliberations of this summit with regard to maintenance of EDI infrastructure should therefore be located in a framework of ensuring reliability of supply enhances sustainable social and economic development.
As the President stated in this year's State of the Nation Address (SoNA), if we are to implement the Apex of Priorities, in "the further acceleration of our economic growth and development (there has to be a) speeding up (of) the process of building the infrastructure we need to achieve our economic and social goals".
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The intension is to mobilise all people to know their status, by engaging all public and private partners to join hands and reach set targets. The agreed target for the Western Cape is 1,100,000 individuals aged 12, years and older who are sexually active.
Increase access to treatment, care and support.
The need for social mobilisation is critical in order to reach the traditionally unreached people groups, especially where transmission of HIV infection is high.
The theme for the campaign is "I am responsible, South Africa is taking responsibility".
The Health Department seeks to raise awareness and to inform communities about the community outreach activities supporting the HCT Campaign and also to mobilise communities to partake in the HCT Campaign.
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This clinic operates in the Tygerberg Eastern Health District of the Metro Region.
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At a news briefing in Texas, US President George W. Bush said that the emergency response to Hurricane Gustav was "a lot better" than the reaction to the 2005 Hurricane Katrina, which left more than 1 800 people killed and New Orleans devastated.
"The coordination on this storm is a lot better than during Katrina," President Bush said at the state Emergency Operations Center in Austin.
The President cancelled his trip to the Republican National Convention in Minnesota starting on Monday and travelled to Austin and San Antonio in Texas instead, about 640km away from the Gustav-hit area in Louisiana.
Gustav was downgraded to a Category two storm by mid-Monday morning, compared to Katrina, a Category three storm.
CNN TV footage broadcast live from New Orleans showed that strong wind swirled rains and swept the city, leaving floodwater overtopping an industrial canal levee.
Eqecat Inc, a California-based risk modeler, said Monday in a statement that Gustav would result in up to $12 billion in insured losses, and a long-term 5 percent cut to oil and natural gas production in the region, mostly in Louisiana.
The loss included wind and water damage to commercial and residential structures, and business operating suspension due to shutdowns and a surge in costs of supplies.
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Web address www.uzulu.ac.
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The MEC and Deputy Minister launched Tswaing's "Clean Cities Campaign" and met with the Council and the Community Steering Committee that includes business, trade union, ratepayer, residents, traditional leaders and other civil society organisations.
The Deputy Minister and MEC feel that there has been some progress in improving service delivery, but there has to be greater improvement. The MEC gave his commitment to providing more support from the provincial department.
The MEC noted that Tswaing has not completed its Draft Integrated Development Plan and budget, and urged that it be finalised within a week.
Deputy Minister Carrim said that in view of the progress made in service delivery, the Sannieshof Inwoners Belastingbetalers Unie (Ratepayers Association)  (SBIU) should end its rates and services charges boycott. He said that "the ratepayers association cannot hold the municipality to ransom. "They can't say deliver first, then we pay. What if all the citizens did this The country will come to a standstill. The ratepayers boycott is illegal. The ratepayers are trying to punish the councillors but it's the poorest of the poor who suffer since the municipality ends up with fewer resources to deliver services. ?
"They should pay and actively participate in the Community Steering Committee and contribute to the municipality's efforts to deliver services. The ratepayers are undermining their own case through this boycott."
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Close to 10.9% (5 342 832) of South Africa's population live in the Western Cape. The population here has grown by 16.7% between Census 2001 and Community Survey 2007. As a result there were about 3% more patients per year treated at public health care facilities in 2009/10.
About 73% of those living in the Western Cape rely on state health services.
In 2009/10, approximately 15.8 million people received medical treatment at primary health care clinics. The ambulance services transported almost 462 000 patients to health facilities. Hospitals saw nearly 630 000 patients at their emergency centres, 1.67 million patients in their outpatient departments and treated over 550 000 short-term patients in 2009/10. Over 6 000 cataract operations were done in 2009/10. 23 291 new patients were started on HIV and AIDS treatment (anti-retro-viral treatment (ART)). At present 75 000 patients are receiving ART. Approximately 2.7 million patients receive treatment at their homes through the community-based carer programme.
Approximately 2.47 million prescriptions were prepacked by the central dispensing unit. This has made a huge difference in reducing the waiting times at pharmacies at our clinics.
As a result of one of our programmes, the mother-to-child transmission (PMTCT) programme, only 3.6% of HIV positive mothers passed on the HIV infection to their babies.
The TB cure rate is 79.4%, the highest in the country.
Two new vaccines have been introduced to protect children against pneumonia and rotavirus infections (mainly diarrhoea).
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(Assented to 18 November 1999.
To amend the Intelligence Services Control Act, 1994, so as to amend certain definitions; to alter the procedure for the appointment of members of the Joint Standing Committee on Intelligence; to make further provision for the appointment and conditions of service of the Inspectors-General; to delete certain obsolete references; and to make further provision for reports to the Joint Standing Committee on Intelligence; and to provide for matters connected therewith.
Amendment of section 1 of Act 40 of 1994, as amended by section 1 of Act 31 of 1995 1.
" 'Constitution' means the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) 1996 (Act No.
" 'Speaker' means the Speaker of the National Assembly contemplated in section 41 52 of the Constitution.".
Amendment of section 2 of Act 40 of 1994, as amended by section 2 of Act 31 of 1995 2.
if any political party is unwilling to serve or to continue to serve on the Committee, the seats of such political party on the Committee shall not be allocated to any other political party but the Committee shall nevertheless be deemed to be properly constituted.
Strategic Intelligence Act, 1994 (Act No. 39 of 1994), by regulation.
National Assembly, multiplying the result by 15 and discarding all decimals.
Parliament from which the member is appointed, acting with the concurrence of the President, who shall act with the concurrence of the leader of the political party concerned.
National Council of Provinces and the leader of the political party concerned, and the decision of the committee shall be final.
President of the Senate Chairperson of the National Council of Provinces, as the case may be, in which event a substitute shall be appointed in accordance with paragraph (b) and subsection (3) or (4), as the case may be.
"(a) the Committee shall meet at such times and follow such procedures as may be prescribed by the rules and orders contemplated in section 58 45 of the Constitution."
Chairperson of the National Council of Provinces, the chairperson and the Heads of the Services.
Amendment of section 3 of Act 40 of 1994, as amended by section 3 of Act 31 of 1995 3.
"(i) the Auditor-General subject to the provisions of the Auditor-General Act, 1989 (Act No.52 of 1989), an audit report compiled in accordance with section 4(6) of the Auditor-General Act, 1995 (Act No.12 of 1995); regarding the accounts and financial statements of the accounting officer regarding money expended on the administration and functions of a Service and regarding the money invested in terms of section 5 of the Security Services Special Account Act, 1969 (Act No.
(d) to review and make recommendations on regulations made under section 6 of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994), and regulations regarding the intelligence and counter-intelligence functions of a Service, made under section 29 of the Intelligence Services Act, 1994 (Act No. 38 of 1994), section 87 of the Defence Act, 1957 (Act No.
33 of the Police Act, 1958 (Act No.
African Police Service Act, 1995 (Act No.
Amendment of section 5 of Act 40 of 1994 4. Section 5 of the principal Act is hereby amended by the deletion of subsection (3).
Amendment of section 7 of Act 40 of 1994, as amended by section 5 of Act 31 of 1995 5.
(b), the Committee shall nominate another person.
Protector Act, 1994 (Act No. 23 of 1994).
to the extent that such disclosure is not detrimental to the national interest.
"(9) No access to intelligence, information or premises contemplated in subsection (3) (8)(a) may be withheld from an Inspector-General on any ground.".
Insertion of section 7A in Act 40 of 1994 6.
fails to comply with section 7(8), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years.
Amendment of section 8 of Act 40 of 1994, as amended by section 6 of Act 31 of 1995 7.
"(3) A regulation made under this section may provide that any person who contravenes a provision thereof or fails to comply therewith shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years.".
This Act shall be called the Intelligence Services Control Amendment Act, 1999, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
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Durban, South Africa's third-largest city in area, is an exciting hub around a busy harbour on the edge of the warm Indian Ocean.
The city is well-known for its pleasant climate and welcoming beaches. It also boasts top sporting facilities, world-class resorts and nature reserves. It has a large and diversified economy with strong manufacturing, tourism, transportation, finance and government sectors. Its coastal location and large port gives it comparative advantage over many other centres in South Africa for export-related industry.
Its port is the busiest in South Africa, as well as the busiest container port in the southern hemisphere.
Durban, the largest city in KwaZulu-Natal [1], forms part of the metropolitan municipality of eThekwini.
numerous international football, cricket, tennis, rugby, hockey and surfing events.
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The Presidential Hotline was activated in September 2009. The hotline is a platform that enables citizens to escalate their queries and suggestions to the President's Office.
The toll-free, 24-hour National Public Service Anti-Corruption Hotline facility (0800 701 701) was established for the reporting of fraud and corruption.
The establishment of the Client Service Centre means that people no longer have to go to a Home Affairs office just to check on the status of their application.
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This clinic operates in the Central Karoo Health District of the Southern Cape Region.
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This clinic operates in the Bredasdorp/Swellendam Health District of the Boland Region.
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Polokwane, previously known as Pietersburg, is the capital city of Limpopo [1] province. It is the largest city in the north and a major economic centre. Wide streets, Jacaranda trees, colourful parks and sparkling fountains characterise the city.
Polokwane falls under the Polokwane Municipality. The municipality's area accounts for 3% of Limpopo province's total surface area and about 10% of the Limpopo's population resides here.
Polokwane, which means "a place of safety'", is situated 60 km south of the Tropic of Capricorn and is home to just over 500 000 people. It encompasses the vibrant communities of Seshego, Mankweng and other surrounding townships.
Polokwane frequently hosts top international athletes at its world-class facilities. Polokwane has played host to the Council of Southern Africa Football Associations Cup semi-final match between South Africa's national team Bafana Bafana and Swaziland.
The city has also hosted a Group D qualifying game for the Africa Cup of Nations (scheduled for Tunisia in 2004) between Bafana Bafana and Ivory Coast. Both matches were played at the Peter Mokaba Stadium in Polokwane.
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Dr. Abdurahman Community Health Clinic
Home > Your Government > Provincial Government of the Western Cape > Department of Health > Facilities > Clinics > Dr. Abdurahman Community Health Clinic
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Bloemfontein is the judicial capital of South Africa, the provincial capital of the Free State [1] and the largest urban centre in the Mangaung Local Municipality.
Bloemfontein is popularly known as "the city of roses", owing to the abundance of these flowers and the annual rose festival held there.
Mangaung Local Municipality - which comprises the areas Bloemfontein, Botshabelo and Thaba Nchu - covers more than 6 300 km2 and hosts a population of more than 850 000 people (about 23% of the Free State's population). The name Mangaung means "place of the cheetahs".
Bloemfontein has established itself as a major event-hosting destination. World-class sporting facilities and developed infrastructure exist, and there are numerous training facilities.
See information on Vodacom Park Stadium [2].
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The contact person is: SR.
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Rustenburg is a large town situated at the foot of the Magalies mountain range in the North West [1] province of South Africa. Just outside the town are the largest platinum mines in the world and the largest platinum refinery, which processes about 70% of the world's platinum.
The town is surrounded by a fertile farming area producing citrus fruit, tobacco, groundnuts, sunflower seeds, maize, wheat and cattle.
The Rustenburg Local Municipality has a population of about 400 000 and is centrally located within the North West province and is easily accessible from major South African urban centers.
Professional clubs in South Africa frequently choose to play home league matches in the city.
South African National Athletics Championships.
See information on Royal Bafokeng Stadium [2].
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Johannesburg, 20 April 2011 - The Chairperson of the South African Cities Network (SACN) and Deputy Minister of Cooperative Governance and Traditional Affairs, Mr Yunus Carrim, today launched the 2011 State of the Cities Report (SoCR) at Turbine Hall, Newtown. Johannesburg.  The report, themed 'Resilient Cities ', outlines progress and challenges in municipal management over the past decade and examines how cities can become drivers of all-round development for the nation.
"The 2011  Cities Report assesses the progress of  the metros and secondary cities over the past 10 years in  improving service delivery, development and governance, and identifies , trends that have emerged and  challenges that have to be addressed in the period ahead, said Carrim during his keynote address at the launch..
"The report", he said, "looks at the problems and opportunities facing the cities from economic, spatial and structural, environmental, governmental and financial perspectives. The suggestions it offers are intended to assist a new generation of civic leaders and officials who will be in charge of planning, developing and managing cities after the 2011 municipal elections.  The report would be of value to policy-makers, business, labour and civil society activists. It has been put together by a range of academic experts in a particular style. The report has value in its own terms but it must also broadly influence policy-making. It is not directed at influencing immediate ad hoc policy decisions, but requires considered strategic reflection by a range of stakeholders.to see what value it has for policies and action. To encourage the widest range of stakeholders to engage with this report, we will make available a user-friendly accessible summary of the key issues raised in the report. We are very keen to engage in dialogue with all the relevant stakeholders on this report".
According to SACN CEO, Sithole Mbanga who also delivered a keynote address, the report places a particular emphasis on Johannesburg, Tshwane, Ekurhuleni, Cape Town, eThekwini, Nelson Mandela Bay, Mangaung, Buffalo City and Msunduzi municipalities, because these municipal structures and systems were brought together from disparate administration structures to form single-tier, autonomous city authorities over 10 years ago.
"These cities enjoyed a period of more robust growth and job creation than had been experienced in the previous two decades," explains Sithole. "The primary driver of growth was a consumer spending boom, partly funded by rising household debt. The strongest growth was seen in lowvalue household services, such as retail, telecoms, security and health rather than in longterm investment to expand domestic production."
Mbanga noted that higher levels of investment in research and development, human capital, greater external connectivity and higher investment in physical capital were the points of success for the cities.
The report states that little progress has been made to transform the geographical patterns inherited from the past or to promote urban integration from a built environment point of view.  City municipalities need to improve  their strategic capabilities, vision and resources  to  more effectively transform the urban landscape. Metros also need a period of greater stability and political will and  high-level national support.
The report further recommends that South African cities need to prepare themselves for rapidly increasing prices of oil and dependent products, erratic and unpredictable rainfall patterns as a result of climate change as well as fresh water demand  amongst other challenges. City managers, responsible for acting in the best interests of their citizens, must take proactive steps to improve the ecological resilience of cities so that the metros become life-supporting systems.
Carrim points out that the " report stresses the need to significantly reduce the racial spatial patterns of the cities and improve the density of the population to encourage greater integration, lower transport costs and more effective use of limited energy respources."
"Although the actual delivery of basic services in the metros is better than in the rest of the country there is room for significant improvement. The community protests, not always but often, suggest the need for this, as do other  social and economic pressures." says Carrim.
"For the cities to be more effective in the future they will require much more support from provincial and national government as part of a more integrated cooperative governance system. After all, the cities provide 60% of the country's economic output. Their success is crucial to the strengthening of the rural areas and the country as a whole.
Going forward, the 2011 SoCR recommends that the developmental vision of the metro government must be refreshed, metro government must be stabilised and trust must be restored keeping in mind the reshaping and reconfiguration of the cities. The report is available on the SACN website www.sacn.net. A hard copy is available on request at SACN offices contactable on 011 407 6471 (T), 011 403 5230 (F) or This e-mail address is being protected from spambots.
For more information please visit www.sacities.
The South African Cities Network (SACN) is an established network of South African cities and partners that encourages the exchange of information, experience and best practices on urban development and city management.
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Pretoria is a progressive city whose charm lies in its harmonious blend of African roots and European traditions. It is a city where history meets 21st century style and development, where vibrant township scenes complement modern shopping centres.
Pretoria is an important industrial centre, with heavy industries including iron and steel casting as well as automobile, railroad and machinery manufacture.
The city has the second largest number of embassies in the world after Washington, D.C. It serves as the executive (administrative) capital city of the country.
The City of Tshwane metro area covers 3 200 km2 and is home to about 2.2 million people.
The City of Tshwane plays host to numerous local, national and international sporting events.
International Karate championships.
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The 2010 Fifa World Cup will benefit the country, according to at least 89 percent of South Africans.
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What is Income Tax?
Who should register for Income Tax?
Income tax is the money you pay to government from your wages to pay for roads, schools, hospitals etc.
How much you earn.
Your age (whether you are under 65 or over 65).
Whether you are a member of a pension fund or pay towards a retirement annuity fund.
income from employment eg.
investment income eg.
income from your own business.
You can register for income tax at a SARS office by completing an IT 77 form. You will need a copy of your ID and an IRP5 form. Your registration will be confirmed within 21 working days and you will be issued with a tax reference number.
PAYE (Pay As You Earn).
If you earn more than R27 000 per year, you pay SITE tax which is deducted from your salary every week or month. Your employer must work out how much needs to be deducted.
If you earn more than R60 000 per year, you will pay SITE tax on the first R60 000 and then PAYE on everything that you earn over and above R60 000. The amount of PAYE you pay depends on how much you earn and is calculated from tax tables issued by the South African Revenue Services.
Once a year, your employer will give you an IRP5 tax certificate that shows the total amount that you earned and the total tax that was deducted.
If you earn more than R60 000 a year, you need to complete a tax return and send it with your IRP 5 certificates to SARS.
You must register with SARS before you complete a tax return. If you are already registered, your tax return forms will be sent to you in the post. You can also collect the forms from your nearest SARS office.
You can also receive and submit your tax returns electronically using the the SARS eFiling system. eFiling is an electronic tax return and submission service. You can register for eFiling if you are already registered as a tax payer. You will need your tax reference number and ID number.
You will receive detailed instructions on how to complete the tax return with the forms.
When you submit your return SARS will check that you have paid the correct amount of tax. If you have paid too much tax you will get a refund. If you have not paid enough tax you will be asked to pay the outstanding amount. You can also collect a copy of the forms from your nearest SARS office.
tax evasion (i.e.
not disclosing all your income on your income tax return.
For more information, visit the SARS website, call the Western Cape Call Centre at 0860 12 12 18 or contact your nearest SARS office.
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The purpose of this document is to inform South African residents about their income tax commitments. It includes information on when you are liable to pay income tax, the kinds of income that you can be taxed on, income tax returns, how to pay income tax, SITE and PAYE and provisional tax.
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These are guides to completing your tax returns for the 2005/06 tax year. There are seven different tax returns which are distinguised from one another by colour.
IT12SS: Khanyi's Easy Guide_2005/6 (File type: pdf; size: 1.
IT12S: Khanyi's Easy Guide_2005/6 (File type: pdf; size: 1.
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Dr Ivan Meyer, Minister of Cultural Affairs and Sport, invited two mountain climbers from Khayelitsha, Loyiso Koyana and Luwanda Mxosana, to meet him 11 November 2010 on top of Table Mountain minutes before he and Jenny Hartnick, Chairperson of the Western Cape Provincial Standing Committee on Education, Cultural Affairs and Sport, sent an SMS to vote for Table Mountain in the New7Wonders campaign.
The pair, who hope to ascend Africa's tallest mountain, Kilimanjaro, during December 2010, is indeed a remarkable team and come from a township where, according to them, dreaming is considered a mere luxury as an increasing number of young people engage in anti-social activities that end up destroying their future. They will undertake the mission in a bid to prove to other young people from the townships that despite the fact that they come from disadvantaged backgrounds, their dreams can still be achieved.
Mxosana is a third-year business administration student at the Tertiary School in Business Administration, while Koyana is a student development officer at the same institution. The duo will raise funds that will be dedicated to paying school fees and buying school uniforms and stationery for schoolchildren in the townships.
Dr Meyer introduced them today to Melanie Arends, who climbed Kilimanjaro last year. Melanie shared a few tips with them and also ensured that they will be proudly South African once they reach the top of Kilimanjaro by providing them with caps branded with the South African flag. They are now committed to preparing themselves mentally and physically for their forthcoming adventure.
DCAS is prepared to assist with the facilitation of any form of sponsorship to make the dream of these aspiring mountaineers come true. This will, in turn, translate into creating opportunities for those who would not otherwise have had similar dreams and opportunities.
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Most non-South African citizens wishing to enter South Africa must have a valid visa. The visa states the purpose and duration of the visit.
a yellow fever certificate if you are travelling through the yellow fever belt of Africa or South America.
People who do not have South African passports need to apply for visas. This includes people who want to come to South Africa for a holiday or for business.
However visitors who have passports from the United Kingdom of Great Britain and Northern Ireland (including the British Islands Bailiwick of Guernsey and Jersey, Isle of Mann and Virgin Islands, the Republic of Ireland as well as British Overseas Territories) are totally exempt from South African visa control and do not need visas for any purpose.
Also, visitors from certain other countries are exempt from the visa requirements under certain conditions.
You must organise a visa before you come to South Africa. You cannot apply for a visa at South African ports of entry.
If there is a South African diplomatic or consular representative in your country, then you must submit your visa application to them.
Remember you cannot apply for a visa when you arrive in South Africa.
Once you get to the South African port of entry, e.g. Johannesburg International Airport, you will be given a temporary residence permit, which replaces your visa and states how long you may stay in the country.
This temporary residence permit (TRP) must be kept valid and an application for extension (BI-159) can be submitted at any regional or district office of the Department of Home Affairs in South Africa.
pay the R425.
show that you have booked an air ticket.
If a business visa is applied for, you also need to provide a letter of invitation from the South African company to be visited, as well as a letter from your company.
For more information on how to apply for a visa to visit South Africa, contact your nearest South African diplomatic or consular representative or visit the Department of Home Affairs website.
There is a R425, US$47 or €43 application fee for visitors from certain countries.
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The Western Cape Department of Cultural Affairs and Sport (DCAS) seeks to recognise outstanding achievements and contributions in the areas of Arts, Culture, Heritage, Language, Libraries and Archives Services in the Western Cape.
These awards are open to any individuals, organisation or group whose efforts have made a difference to the communities within the Western Cape. The awards also seek to honour those whose work contributes to strengthening the platform upon which the Western Cape can position itself as the creative centre of the nation and abroad.
Please identify and nominate a deserving candidate according to the criteria; that individual should be recognised for the work he or she does (nomination form attached). Indicate the category relevant to the nominee as stipulated in the attached category list.
The closing date for submitting nominations is Monday,13 December 2010.
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Flanders 0.35 10.915 15. Australia 2.5 16. UNFPA 1.5 16 17. Canada 0.27 18. Austria 0.
16 Northern Province, Northern Cape, North West, Gauteng and Mpumalanga were among the provinces that could be identified as beneficiaries of this ODA.
Different donors apparently follow distinct approaches in the allocation of ODA to the SA health sector. Based on which recipient and for which purpose ODA is targeted at, four approaches can be distinguished, namely a national-sectoral approach, a provincial-sectoral approach, a programme approach and an "NGOapproach".
The approach adopted by the EU can be referred to as a national-sectoral approach. Here, the emphasis is on supporting macro-processes and the transformation of the health sector at large. Support is directed towards processes and structures at a national level rather than at a provincial level. (Although ODA from the EU is allocated principally along these lines, it has also supported programmes at a provincial level in the Western Cape, North West, KwaZulu-Natal, Mpumalanga and Northern Province.
The second approach, which can be termed provincial-sectoral, typifies the approach adopted by USAID. This donor provides wide-ranged support to health-related processes and structures in a particular province. The socalled Equity Project in the Eastern Cape is an example of this approach.
The third approach, which is notably adopted by DfID, is the programme approach. Here, a range of projects related to a particular field/theme in health care are supported. Examples of such fields/themes include reproductive health, HIV/AIDS, policy development and capacity development.
The fourth approach entails the targeting of ODA to NGOs rather than to government health services. UNFPA is an example of a donor that supports a larger NGO (PPASA), while Ireland supports smaller and more localised NGOs and CBOs. Of course, these approaches are not mutually exclusive, with different donors often adopting a variety or combination of approaches. Smaller donors appear to prefer entering into ODA agreements with NGOs. However, some also have agreements with the National Department of Health and with individual provinces.
According to available information, the only two provinces that do not have direct ODA agreements with donors are the Western Cape and Eastern Cape. However, the Eastern Cape is known to be a major recipient of ODA from USAID channelled to this province via an NGO. Poor record-keeping and the fact that the Western Cape was not samples for first-hand data collection in this study could explain why this province is apparently not a primary recipient of any ODA. It is highly unlikely that this is in fact the case.
The province apparently benefiting most from direct ODA agreements with donors is Northern Province, followed by Gauteng. The Free State apparently has only one direct ODA agreement (with Ireland) to the value of R0.53 million.
Initiatives and interventions aimed at curbing the HIV/AIDS epidemic in the entire South African population.
However, the same argument applies to the planning and management of South African health services in general. In the absence of good quality information about the health status and health care needs of the population at large, alignment between the allocation of health care resources (including ODA) and the real needs and priorities of the population would hardly be possible. All aspects of information management in the health sector, i.e. systems development, development of criteria and indicators, infrastructure and training could therefore benefit substantially form ODA.
Selected other government departments, e.g. the Departments of Foreign Affairs, Arts, Culture Science & Technology and Trade &Industry.
<fn>GOV-ZA.208regulationsEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2092En.2012-02-10.en.txt</fn>
The prospect of playing host in 2010 to the most-watched sports event on earth - the Fifa World Cupâ - is giving South African pride and confidence a solid boost according to the latest market research conducted on Fifa's behalf.
<fn>GOV-ZA.20964En.2012-02-10.en.txt</fn>
There are various types of passports, with different application fees applicable to each type.
Visitor's passports are issued to South African citizens over the age of 16.
To apply, you need to complete form BI-73 and submit it at a Home Affairs domestic office or, if you are overseas, at a South African embassy or mission.
Have proof of your identity.
Supply two passport photographs.
Have your fingerprints taken.
Pay the fee of R400.
It will take about ten weeks to process the application and issue the passport.
This passport is valid for ten years.
This passport is issued to South African children under 16.
This passport is valid for five years.
This passport is issued to South African officials who are travelling on official government business.
This document can be issued to South African citizens who need to travel urgently and there is insufficient time to process a passport application.
Pay the fee of R140.
It will take about one week to process the application and issue the certificate.
This certificate is valid for nine months and can only be used for a single journey.
This passport is issued to South African citizens who must travel urgently for a valid reason and cannot wait for their proper passports to be issued.
To apply, you need to complete form BI-73 and submit it at a Home Affairs domestic office or, if you are overseas, at a South African Embassy or Mission.
Pay the fee of R180.
It will take approximately one week to process the application and issue the temporary passport.
This certificate is valid for 12 months.
This document is issued to people with permanent residence in South Africa who cannot get travel documents from their own countries, for example refugees and stateless persons lawfully residing in South Africa.
It will take about ten weeks to process the application and issue the temporary passport. You can track and trace the progress of your application on the Department of Home Affairs website.
This document is valid for five years.
For more information, visit the Department of Home Affairs website or contact your nearest Home Affairs Office.
View the passport fees issued by the Department of Home Affairs.
<fn>GOV-ZA.2097En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.209eralnoticesandcircularsEn.2012-02-10.en.txt</fn>
Suggest FOUR ways in which local communities can earn money from the visitors to the Soccer World Cup.
<fn>GOV-ZA.209joburgcitygainsgroundinresolvingbillingchalgesEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.20July2011En.2012-02-10.en.txt</fn>
The honorable MEC for Health Mr. Sicelo Gqobana led the department to celebrate Nelson Mandela's 93rd birthday in the community of Xonxa in Lady Frere.
To mark the 67 minutes, the MEC together with senior departmental officials embarked on a community project and painted the Nxoxa clinic and handed out food parcels to the needy families in the village. Celebrating the former statesman's birthday, the MEC also handed out blankets to the excited villagers who performed stimulating songs to demonstrate their appreciation.
Addressing the community, the MEC said Mandela decided to leave school to fight for this country's freedom. "Mandela realized that the life that our parents were living was not conducive under the oppressors and decided to leave to fight for freedom. We have to celebrate because on this day in Qunu in 1918 a boy of his caliber was born and changed the lives of the South Africans", Gqobana said.
The MEC also brought a change to the life of a 35year-old physically disabled Mr Mrwebi, he gave the bed-ridden man a wheelchair. Speaking on behalf of his son, mother Nongakubani Mrwebi could not hold her tears and said her son has been unable to move around and to get outside the house. "My son was physically disabled from birth and has been confined in bed for the rest of his life. We only take him out of the house when we go for check-ups to the hospital, that's when he gets to see the sun," said the excited mother.
The MEC said Mrwebi would be trained by nurses in the clinic until he is able to use the wheelchair.
To mark the birthday celebrations, the MEC cut the cake while the community was singing birthday songs wishing Madiba a happy birthday.
<fn>GOV-ZA.20april20061En.2012-02-10.en.txt</fn>
Statistical information is usually presented as data. This can appear in digital format as a data set, in hard copy as a set of tables and graphs, or even as a combination of the two, where computer software enables a data user to customise tables, graphs and maps.
Data is often accompanied by metadata, although this sometimes appears as an afterthought: shoddily combined, hidden at the end of the data and inaccessible to all but a few specialists. In modern statistical practice, however, metadata is increasingly being elevated to central importance, and the construction, maintenance and management of metadata is receiving more and more attention in national statistical agencies and international bodies that rely on statistical data.
This is the context in which a work session on statistical metadata was recently hosted by the UN's Economic Commission for Europe, the EU's Eurostat agency and the Organisation for Economic Co-operation and Development's statistics directorate. Held in Geneva from April 3 to April 5, the work session explored the functions of metadata in statistical production, metadata interchange, models and terminology, and ways of using metadata to find statistical data on websites.
Metadata is defined as data about data. According to Statistics New Zealand, metadata "refers to the definitions, descriptions of procedures, system parameters, and operational results that characterise and summarise statistical programs. Metadata may be passive [descriptive], that is, the form of documentation, which is used by agency staff, or it may be active [prescriptive], determining the actions of automated survey processes."
Metadata is essential because there is no such thing as a perfect or absolutely accurate dataset. There is no simple one-to-one correlation between statistics and the social or economic world that statistical data seek to represent.
One function of metadata is to document data structure, assumptions and limitations so that data users can easily understand limitations on use, and avoid the pitfalls of misuse, of the data. To facilitate appropriate use, a standard format is required for metadata that fits the data content and the needs of authors, information providers and end users.
Statistical agencies that are committed to transparency are responsible for informing users of the concepts, classifications and methodologies used in collecting, processing and analysing data, the quality of those data, and all other relevant features of the statistics.
As part of a data management and information delivery project, Stats SA has been shifting metadata and its management to centre stage. Elements of metadata management include: understanding the nature and scope of metadata; establishing responsibility for maintaining and regulating metadata; ensuring that users have easy access to up-to-date data and metadata; determining appropriate storage environments; and populating the storage system with metadata items.
Procedural or methodological metadata, which relate to the procedures by which data are collected and processed, such as sampling, collection methods and editing processes.
Metadata usually includes information describing important features about metadata documentation such as its author, technical form and publisher. Metadata about metadata is needed, for example, to document important details, and to keep a record of metadata updates and changes.
Metadata occupies an important role in every phase of the statistical value chain, enhancing the quality of data and the statistical output process. A central metadata store is key in maintaining and improving data quality by ensuring a consistent interpretation of standards and definitions, and by enforcing compliance with workflow controls and procedures.
Metadata are best registered, stored and accessed according to a common standard, as this makes information sharing more reliable and universal, and facilitates comparisons. The use of metadata standards enables producers to describe datasets fully and coherently, and facilitates data discovery, retrieval and use. If a standard is used, it is far easier to find information in a metadata record.
However, adopting or developing a metadata standard is a complex process, and there is often significant overlap as one standard is extended into the territory of another. A number of bodies are involved in generating standards, including the International Standards Organisation (ISO), the International Monetary Fund and the SA Bureau of Standards.
Stats SA is evaluating metadata standards and systems from the ISO (ISO/IEC 11179), the SA Spatial Metadata Standard (SANS 1878, which is a profile of the international standard ISO 19115), and Statistics Sweden's metadata system, SCBDOK, a documentation model that specifies the basis for the different statistical production methods.
Metadata and its management is not a simple technical issue. It sets out how reliable data are and what they can legitimately be used for. Viewed in this way, metadata form the platform on which data use is built, and from which appropriate and inappropriate use of data can best be established.
<fn>GOV-ZA.20jan20051En.2012-02-10.en.txt</fn>
Early in January, the US-based Heritage Foundation released a report on South Africa, which identified unemployment, "estimated to be as high as 40 percent", as a weakness of our country.
As statistician-general, I pointed out that the foundation was not using the internationally accepted and official definition for reporting unemployment, but an expanded definition, and that this rendered its finding on the labour market questionable.
In much the same way, I queried the use of statistics in a UN report, which failed to use the internationally accepted basis for comparing unemployment across different countries.
This same report was also criticised for using life expectancy figures that differed from the official estimates, without providing reasons for this choice.
Some of this can be seen as part of the ordinary contestation over statistics and their use.
The link between statistics and the promotion of interests will always be strong, and this is reflected in an increasing mobilisation of statistical data to support and strengthen particular interests.
What was more surprising was the nature of some of the criticism levelled at Statistics SA for raising these concerns.
In a letter to a newspaper, an MP suggested that the critique of inconsistent use of unemployment rates and definitions was an attempt to "play down our jobs crisis".
Another MP suggested that, as statistician-general, I should focus my attention exclusively on Stats SA, rather than on the way other agencies use statistics on South Africa.
It bears repeating that Stats SA measures and reports on unemployment according to two definitions.
In the official (or narrow) definition, the unemployed are those people in the economically active population who did not work during the seven days prior to the interview, want to work and are available to start work within two weeks of the interview, and have taken active steps to look for work or to start some form of self-employment in the four weeks prior to the interview.
In the expanded definition, the third criterion (some sort of work seeking activity) is dropped. The expanded definition therefore includes, as unemployed, those who might be termed "discouraged job seekers".
The difference in measurement, depending on which definition is used, can be substantial. For example, Stats SA reported that in March last year, 27.8 percent of the economically active population was unemployed on the official definition.
Using the expanded definition, this rose to 41.2 percent.
The International Labour Organisation uses the official definition of unemployment as its basis for comparison of labour market statistics between countries.
That is why Stats SA collects data on unemployment using this definition.
However, Stats SA also collects and reports on data using the expanded definition, to ensure that an indicator that includes "discouraged" job seekers is also available.
There is nothing inherently problematic in using the expanded definition of unemployment as part of a country profile or assessment, as long as the same definition is used in all other country comparisons.
However, international practice is to make use of the official definition, and adherence to that is the basis of comparison between countries.
Equally, using non-official in place of official statistics can be acceptable, as long as there is a credible methodological basis to this, and that this is set out in a transparent manner.
However, the international world of statistics is not simply a market place in which "consumers" can arbitrarily pick and choose those statistics that support prejudged positions, and reject official statistics just because they do not support the argument advanced.
Part of the job of South Africa's statistician-general is to represent Stats SA internationally with regard to statistical matters; fulfil the country's international reporting obligations; and advance the consistency and comparability of official statistics.
This is not a matter of choice or whim, as implied by the suggestion that I should ignore the way statistics on South Africa are used in other institutions and in other countries. It is an obligation in terms of section 2 of the Statistics Act of 1999.
In today's global information order, statistics are accepted as providing an almost definitive profile of a country. When these statistics are not correct, they mislead.
When they are erratic, they misinform. When they contain mistakes and are not corrected, they create an environment of doubt and mistrust.
That is why the statistician-general is obliged to engage with statistical practices that mislead, rather than inform.
<fn>GOV-ZA.20jan2006LonfServiceAwardCeremonyEn.2012-02-10.en.txt</fn>
It is such an honour to stand in front of a group of people who epitomize loyalty, steadfastness and commitment. This is even more remarkable when contrasted with today's trends where it has become almost fashionable to job hop, often driven by desire to make immediate material gains.
Without sounding critical or cynical, it is common experience particularly among our young generation today to look for work and join organizations, all for wrong reasons, such as instant promotions, big salaries and exquisite fringe benefits - all expected within a short period of time without a corresponding effort to consolidate one's experience, grow a body of knowledge, contribute to growth and profitability and become a valuable asset to the life of the organization.
The result is that by the time some of them have spent, say, ten years in the industry, chances are that theirs will be a fragmented experience, made up of a collection of pockets of experiences which individually amount to nothing much. This leads to a situation of having senior managers with junior attitudes, leaders who can barely visualize the future nor analyze the present.
As leaders we will be failing the society and the country if we do not speak out against this culture of instant gratifications. South Africa as a country which has emerged from the ruins of apartheid, which nearly was destroyed by apartheid, owes it to itself to double its inputs in order to rebuild the political, social, economic and moral fabric of the society. We need to start by promoting a strong work ethic as a foundation for a productive nation, if we want to be competitive and prevail.
It is always depressing to see a successful young South African person, wearing a Swiss jewelery, talking on a Swedish mobile phone, with a British network, talking in an American accent, driving a German car and wearing the latest Italian designer clothes and a French Perfume puffing a Cuban cigar, seeping an Irish whisky, with a house full of Japanese an Korean electronic appliances, with nothing but his ego bearing a badge: MADE IN SOUTH AFRICA. Unless we become productive and inventive, we as a nation, will always be a society of consumers, spurred by senseless pop culture and insensitive advertising - both of which seem to be saying - IT IS OK TO BE USELESS.
On behalf of the Department, we like to salute men and women of steel, people who have spent virtually their lifetime in the service of the public, strengthening the machinery of government and sharpening the instincts of responsive governance. The Department of Public Works is part of government and as such has an obligation to improve public service and its deliverables. Without happy, motivated and excited employees, that goal is not achievable, hence we are here today to celebrate the life of pioneers, pathfinders, people who have been there before us, to show the path and lead the way.
In November 2005, the Department launched the Service Delivery Improvement Programme popularly known as SDIP. The Programme builds on the earlier one called Leadership Way. Whereas Leadership Way appealed to our attitudes towards our work, SDIP raises the bar further and call on all of us to do things differently. We shall soon be coming to introduce the SDIP to you in Johannesburg. All this is part of an attempt on the side of the Department to build a world-class Public Works, characterized by efficiency and competitiveness, driven by passion and dedicated to client satisfaction. We are creating a better environment for performance and delivery.
The upcoming Municipal elections will test our maturity as public servants to mete out quality services and products to the people of South Africa. We appeal to you all to go and cast your vote. Apathy does not promote democracy. A decision not to vote will not mean that service delivery will happen any quicker. Be a patriot and vote, with the knowledge that you will be an active part of this country's history and that your children and their children will be grateful to you that you voted. We are grateful to you that over the years, you resisted apartheid, fought relentlessly against injustice meanwhile holding together the fabric of public service delivery. We salute you as heroes.
For those already on pension or considering taking any soon, remember your communities require your experience. Volunteer to assist and promote community development through active participation. The skills you acquired and the experience you gained should stand in good stead as you interact with your community members. Like our former President, Mr. Mandela, go on and become beacons of hope to the masses.
At this juncture, I call upon the Regional Manager, Ms Hellen Elhaimer to join me as we give awards to the long-timers.
<fn>GOV-ZA.20may2011aEn.2012-02-10.en.txt</fn>
Stats SA provides scientific knowledge that enables society to understand complex socio-economic phenomena.
It draws its mandate from the Statistics Act, 1999 (Act No 6 of 1999).
(commitment of delivery without fear of favour) Administrative competence: The ability to bring it all together.
One permanent position exists in the Limpopo Provincial Office, Polokwane Salary level 11: R406 839 (all-inclusive remuneration package per annum) (Ref. No.
Manage HR activities at district offices Develop and train HR Practitioners Conduct and/or contribute to special projects Ensure proper record keeping of recruitment activities.
Prerequisites: A 3-year tertiary qualification in Human Resource Management or a related field Extensive appropriate experience in human resource management as a generalist Proven practical application of PERSAL and MS Office Suite Well-developed verbal and written communication skills Knowledge of and experience in project management would be an advantage A valid driver's licence.
Person profile: This position will suit a person who: Has the ability to communicate at all levels Has good communication (both verbal and written) and presentation skills Has the ability to work under pressure and pay attention to detail Is willing to work long hours and travel to district offices.
ID and certificates of service Failure to submit the required documents may lead to your application not being considered. Important note: If you have not heard from us within 2 months of the closing date, please regard your application as unsuccessful.
Please clearly indicate the position you are applying for in your application and submit a separate application for each position applied for, where several positions are advertised.
Limpopo Province: Post to the Human Resources Officer, Statistics South Africa, Private Bag X9441, Polokwane 0700 or hand-deliver at Ivory Route Corporate Park Building, 29 Bodenstein Street, Polokwane.
Enquiries: Kindly contact Erna Veldman at (015) 295-3300.
Stats SA endeavours to promote the careers of previously disadvantaged persons by applying the principles of appropriate legislation, eg the Employment Equity Act, 1998.
<fn>GOV-ZA.20may2011bEn.2012-02-10.en.txt</fn>
Key performance areas: Provide input into the development of survey content and product planning documents Provide relevant statistics within specified timeframes, and methodology, through effective planning Identify and recommend appropriate methodology that is scientific, cost-effective and internationally as well as generally accepted Assist with the development of workshop materials for user/stakeholder consultations Provide input into questionnaire design Assist with the development and testing of survey enumeration procedures Tabulate statistical releases Conduct monitoring and evaluation data collection.
A postgraduate qualification will be advantageous Good knowledge of statistical packages (eg SAS, SPSS) and MS Office Suite.
Person profile: This position will suit a person who is: Innovative, independent and team player-orientated Initiative, with strong analytical and numerical skills Willingness to travel and work under pressure within targeted deadlines and long hours, weekends and holidays.
Identity Document and driver's licence. Failure to submit the required documents may lead to your application not being considered.
Please clearly indicate the position you are applying for in your application.
Applications can be forwarded to: Head Office, Pretoria via post to the Recruitment Manager, Stats SA, Private Bag X44, Pretoria 0001 or handdelivered at 170 De Bruin Park Building, corner Andries and Vermeulen Streets, Pretoria.
Enquiries: Kindly contact Obed Marubyane at (012) 336-0151.
Stats SA endeavours to promote the careers of previously disadvantaged persons by applying the principles of appropriate legislation, e.g. Employment Equity Act, 1998.
<fn>GOV-ZA.20october20051En.2012-02-10.en.txt</fn>
Comparing countries often leads to controversy, especially when the statistical methodologies used to measure each country are themselves the object of debate. Such is the case in respect of the UN's Human Development Report.
One of the better-known tools for cross-national measurement is the UN's human development index (HDI), a composite made up of a life expectancy index, an educational index (combining adult literacy rates with primary, secondary and tertiary enrolment), and a gross domestic product index (using per capita purchasing power in US dollars).
While the index represents an advance over purely economic comparisons, it is still unable to capture the complexity of national development processes and compare these across countries.
To some extent, this is because it is based on a small number of indicators. By comparison, the monitoring of the millennium development goals is based on a far wider range of statistical indicators and data sources.
Questions have been raised about the sources, reliability and consistency of some of the data used in computing the HDI. In this regard, the statistician-general tabled misgivings at the UN Statistics Commission in March in response to the Human Development Report released in 2004.
Views on the usefulness of the index differ markedly. Amartya Sen, a Nobel laureate in economics, treats the HDI as a major source of information enabling understanding of the social and economic world.
On the other hand, David Henderson, the former head of the economics and statistics department of the Organisation for Economic Co-operation and Development, has argued that the index offers a false perspective on world affairs.
In 2000 the UN Statistics Commission convened to consider a critique of the HDI by Ian Castles, a former Australian commonwealth statistician.
His criticism centred on how international comparisons of economic statistics could be produced when each country estimated economic performance using its own currency.
Several of his criticisms were found to be justified, especially in respect of material errors in statistical accuracy, and the choice of data used to compile the HDI.
A more fundamental critique has been developed by Jacob Ryten, a former deputy head of Statistics Canada, who is advising Statistics SA on economic measurement.
He argues that an index that purports to measure the sum total of human endeavour cannot aptly be reflected in a single index, and urges statisticians not to use single numbers to articulate complex social changes.
He adds: "If the choice is to mislead with a single figure or to explain awkwardly with six, the latter should be professionally if not emotionally preferable."
Such questions are pertinent in evaluating the latest HDI report, which concludes that conditions of life in South Africa have deteriorated.
Data used to calculate South Africa's ranking in the 2005 HDI have been drawn from mostly unofficial sources, extracted from pre-2003 statistics.
Data have also been recycled: if information is not available for the year in question, it is derived from other periods without the extrapolation methods being made explicit.
For example, when the report was released, the official mid-year population estimates were already available. Without explanation, the report ignored the mid-year estimates of an infant mortality rate of 43 per 100 000 people, quoting instead a rate of 53 per 100 000.
Equally, South Africa's maternal mortality ratio was estimated at 55 per 100 000 in 1997, rising to 78 in 2001, and declining to 73 in 2002. Yet the report asserts that South Africa's maternal mortality ratio is 230 per 100 000 people.
This does not imply that the HDI should be ignored or rejected. It is part of the battery of tools for monitoring development. There is, at present, no suitable alternative for measuring human endeavour.
However, precisely because of the lack of alternatives, it is important to be exceedingly cautious when applying this indicator.
The statistics used for cross-national comparison, not just in the computation of the HDI but also in analysis undertaken by international agencies, are sometimes drawn from such diverse sources that they should not be used in the same analysis.
For example, one agency recently drew mortality and fertility rates from one source, but used population estimates from another data source. But population estimates have to be based on projected mortality and fertility rates, and these cannot be separated.
Analysis and comparison cannot simply choose those statistics that support an argument or pre-determined assessment. In today's global information order, statistics are often accepted as providing an almost definitive profile of a country.
When these quantitative facts are incorrect, they mislead. When they are erratic, they misinform. When such mistakes are not corrected, they create doubt and mistrust.
<fn>GOV-ZA.20september20071En.2012-02-10.en.txt</fn>
Earlier this week, Statistics SA and the Human Sciences Research Council released Using the 2001 Census: Approaches to Analysing Data - a detailed publication setting out different ways of using census data.
Focusing on the 2001 population census, this census user's manual is a guide to anyone who wants to mine the available data to the best effect. However, it is much more than that.
A chapter on the early history of census taking in South Africa, for example, reminds us of the fragmented nature of the census up to 1996; typically it covered only certain parts of the country and certain sections of the population.
The first census was conducted in 1798, when every head of household in the Cape Colony had to submit a return stating the size of his family and the number of slaves and cattle he owned.
The first South African statistical manuscript, the Annual Blue Book in the Cape of Good Hope, was released in 1823 and was continued until 1837.
Censuses for all races were conducted in the Cape in 1865 and 1875, in the Free State in 1880 and in Natal in 1891. In 1890 only members of the white population took part in the first census in the Transvaal.
In 1904 separate censuses were conducted in the Cape, Natal, the Free State and the Transvaal - but at least they did cover the whole country within the same year.
In 1910, when the Union of South Africa was formed, the government decreed that a population census for all races be undertaken.
Censuses of all population groups took place in 1911, 1921, 1936 and 1951. Additional censuses, in which only white people were enumerated, were conducted in 1918, 1926, 1931 and 1941.
Under apartheid rule, censuses were taken in 1960, 1970, 1980, 1985 and 1991.
The first fully inclusive population censuses under democratic rule were taken in 1996 and 2001, under the slogan "Count us in".
Other chapters in the manual include detailed discussion on the dissemination of census data; census geography, mapping and geographical information systems; population migration; education; the labour force; fertility and mortality; gender; and provision of basic services.
A separate chapter discusses the use of demographic data for decision making, planning and development.
A population census is an extensive, and hence expensive, operation. The statistics division of the UN department of economic and social affairs defines a population census as "the total process of collecting, compiling, evaluating, analysing and publishing or otherwise disseminating demographic, economic and social data pertaining, at a specified time, to all persons in a country or in a well-delimited part of a country".
With the exception of political elections, a census is generally the largest logistical exercise to be carried out by any country.
The publication of the census user's manual is particularly timely. Next month will see the release of data from Stats SA's massive community survey, which covered 17 098 enumeration areas, containing 274 141 dwelling units and 283 705 households across all nine provinces.
It is South Africa's most extensive sample survey.
The community survey will provide information on socioeconomic and demographic trends, including the extent of poor households, access to facilities and services, and levels of employment and unemployment.
The data will have important implications for benchmarking of policy implementation, budget allocations, population projections and generation of some indicators for the millennium development goals.
Significantly, the community survey will provide information on municipalities - a facility usually associated only with a full population census.
Regardless of the cost of a population census or, for that matter, a sample survey, the value of the information collected is ultimately derived from how it is used.
The census user's manual demonstrates how others have used census data. It also shows how the data were collected. This reflects the primary aim of the manual, which is to broaden and deepen the use of census data.
The census user's manual is the result of collaboration between producers and key users of census data, which will encourage the further exploitation of such data - not only as an independent source of information but also to enrich the interpretation and understanding of information from other sources, including the community survey.
Pali Lehohla is South Africa's statistician-general and head of Stats SA. For more information on Stats SA and its statistical outputs, including the census user's manual, visit www.statssa.gov.
<fn>GOV-ZA.20sportEn.2012-02-10.en.txt</fn>
In giving effect to the theme of sport and recreation in South Africa, namely Getting The Nation To Play, there is a huge responsibility on stakeholders (including all spheres of government) to actively contribute towards raising the levels of participation in organised sport and recreation, which are currently estimated at between 7% and 20%. In this regard, emphasis is directed at increasing the levels of participation of historically disadvantaged and marginalised groups, including black South Africans, women, the youth, rural communities and people with disabilities.
According to a survey done in 2000, there was an increase in the contribution of sport and recreation to the Gross Domestic Product (GDP) of South Africa from 1,9% in 1997 to 2% in 2000. Its estimated worth was some R15 913 million. If capital expenditure is included, the contribution rises to R16 765 million or 2,1% of GDP. According to the survey, sport and recreation provided employment for some 34 325 full-time and 6 140 part-time workers, and makes use of 8 000 volunteers.
Hestrie Cloete was chosen as the Female World Athlete of the Year 2003. She recorded 22 wins in 26 high-jump competitions during 2003.
increase participation in sport and recreational activities raise the profile of sport and recreation, particularly among decision-makers increase the probability of South Africa's sportspersons and teams achieving success in major international competitions place sport and recreation at the forefront of efforts to address issues of national importance such as unemployment, poverty, economic development, and individual and community health.
These objectives are being pursued in cooperation with the SASC, to which several of the objectives of the former Department of Sport and Recreation were transferred in terms of the SASC Act, 1998 (109 of 1998), as amended.
The SASC is responsible for the delivery of sport and recreation through its programmes and those of its clients (the national federations).
funding these agencies upgrading facilities created by local governments for national and provincial events ensuring the existence of programmes that develop the human-resource potential in sport and recreation effecting international agreements as reached by the SRSA, for the purpose of sharing technology, skills transfer and the development of sport and recreation.
Managing the vote for sport and recreation in the national government.
Supporting the Minister of Sport and Recreation.
Co-ordinating and contributing to the drafting of legislation on sport and recreation.
Interpreting broad government policy, translating government policy into policies for sport and recreation, revising such policy if and when necessary, and monitoring the implementation thereof.
Aligning sport and recreation policy with the policies of other government departments in the spirit of integrated planning and delivery.
Providing legal advice to all stakeholders in sport and recreation from a government perspective.
Subsidising clients of the SRSA in accordance with the Public Finance Management Act, 1999 (Act 1 of 1999), its concomitant regulations, as well as the SRSA funding policy, monitoring the application of such funds and advising clients on the management of their finances.
Managing inter- and intra-governmental relations.
Acknowledging the outstanding contributions of sportspeople to the South African society on behalf of the President, through the annual Presidential Sports Awards.
Procuring resources from abroad for sport and recreation, through the appropriate structures in National Treasury.
Communicating sport and recreation-related matters from a government perspective.
Co-ordinating and monitoring the creation and upgrading of sport and recreation infrastructure through the Building for Sport and Recreation Project (BSRP). Projects have been identified in line with the Integrated Sustainable Rural Development Strategy and the Urban Renewal Strategy.
The main focus of the Project is the erection of outdoor and indoor facilities and the rehabilitation and upgrading of existing facilities. Key elements of this Project are the provision of training in facility management, and the implementation of sustainable maintenance projects.
The majority of the projects are located in rural poverty nodes.
Between 1994 and 2001, the Reconstruction and Development Programme Fund provided for the completion of 138 basic outdoor sports facilities to the value of R49,5 million and one indoor facility in each province at a total cost of R40,7 million. This amount included construction, marketing, facility management and training initiatives. During the same period, 26 projects with a total value of R1,2 million were completed countrywide with resources from the Central Sport and Recreation Fund.
The R90-million budget in 2002/03 provided for the upgrading and building of 85 facilities. It was estimated that approximately 5 500 jobs would be created in the process. A total number of 100 community sports councils and clubs were established and empowered to run and manage the facilities.
Northern Cape (R6,57 million for two facilities). Between 2000 and 2002, the SRSA provided jobs for 6 500 people, with an average income of R4 500, during the building phases of its various projects.
Since 1993, the SRSA has spent some R450 million on building and upgrading facilities countrywide.
In the last two years, 142 facilities were completed. There is still a huge backlog in terms of facility provision to disadvantaged communities. The Project will in future be pursued through the Municipal Infrastructure Development Programme of the Department of Provincial and Local Government, while the SRSA will continue to play a policydevelopment and oversight role, and ensure that programmes are implemented at the sites.
Sport and recreation benefit from the proceeds of the National Lottery, subject to the Lotteries Act, 2000 (Act 10 of 2000). The Distribution Agency for Sport and Recreation was established to create and consolidate thriving, sustainable, mass-based sport and recreational structures and programmes, especially in disadvantaged rural communities.
In the latter half of 2003, Sport and Recreation South Africa was finalising the first draft of the Safety at Sports Stadiums Bill. The Bill seeks to ensure that sports events taking place at stadiums all over the country are safe, organised and secure. The Bill also seeks to ensure that stadiums comply with the highest safety standards possible. It was envisaged that the Bill would go through the Cabinet and parliamentary processes early in 2004.
Africa. The International Cricket Council (ICC) Cricket World Cup hosted in South Africa in February and March 2003 attracted some 20 000 foreign spectators. This led to the creation of 3 500 jobs during the World Cup.
promoting 'home-grown' events such as the Comrades Marathon, Dusi Canoe Marathon, Argus Cycle Tour, Midmar Mile (swimming), Berg and Breede River Canoe Marathons and the Two Oceans Marathon, which attract large numbers of international participants and spectators working closely with South African Tourism and the Department of Environmental Affairs and Tourism to promote more attractive tourist packages for spectators who want to accompany touring sports teams to South Africa assisting agencies, in line with a major events strategy and the hosting and bidding regulations, to attract major international sports events to South Africa.
marketing South Africa's sport and recreation facilities, such as golf courses and beaches, abroad.
The Minister of Sport and Recreation announced during his budget vote in April 2003 that the SRSA had conducted socioeconomic impact studies on international sports events hosted by South Africa.
These included the World Surfing Games, which according to the studies, brought in revenue of more than R11 million.
It was also determined that the 2002 Argus Cycle Tour generated more than R300 million countrywide, with the City of Cape Town benefitting by more than R200 million.
A study on the impact of the Cricket World Cup shows that the economic impact of the tournament in terms of South African economic activity was estimated at R2,0 billion. The estimated economic impact of the Cricket World Cup in terms of net foreign spend in the country was R1,1 billion.
The Project is a joint effort of the SRSA, the SASC, the South African Police Service, provincial and local departments responsible for sport and recreation, the Office of the Public Prosecutor, the Department of Justice and national and provincial sports federations.
It forms part of the SRSA's commitment to playing a role in implementing a People's Contract for Moral Regeneration, by encouraging youth, especially those in crime nodes, to take part in sport.
The Project will set up sustainable local sports leagues in the identified areas.
It will also focus on addressing the problem of substance abuse among the youth.
At the end of September 2003, a delegation from South Africa presented the South African 2010 Bid Book to the President of the Federation Internationale de Football Association (FIFA), Mr Sepp Blatter. The Bid Book contains all the guarantees required by FIFA as South Africa makes its bid to host the 2010 Soccer World Cup.
The 2010 Soccer World Cup Bid Committee has commissioned an economic impact study that looks very promising in terms of the potential benefits of hosting the event in South Africa.
They predict that 2,72 million tickets will be sold, generating revenue to the tune of R4,6 billion.
Capital expenditure on the upgrades of stadiums and other infrastructure will amount to R2,3 billion and the event will lead to direct expenditure of R12,7 billion while contributing R21,3 billion to the country's Gross Domestic Product. Some 159 000 new employment opportunities will be created and some R7,2 billion will be paid to government in taxes.
Staging the Soccer World Cup in South Africa in 2010 will create significant direct and indirect economic benefits for the country's economy.
The SASC Act, 1998 provides for a commission to administer sport and recreation under the guidance of the responsible Minister. In terms of the Act, the Commission must respect the autonomy of sport and recreational organisations while acting in an advisory capacity to the Minister. It also co-ordinates the provision of facilities and community centres via a national facility plan, in consultation with the relevant authorities.
The Commission started operating on 1 April 2000.
The allocation to the SASC increased from R24,7 million in 2002/03 to 28 million in 2003/04.
The vision of the SASC is to lead South Africa to sporting excellence.
improving the quality of international events hosted by South Africa enhancing the bidding for and hosting of international events assisting federations and organisations that have been granted permission to host international events establishing internal dispute-handling mechanisms with national federations identifying talented athletes to ensure that South African teams are fully representative providing life-skills development and training providing information, and financial and logistical resources identifying priority sports on which the country's resources will be focused.
The SASC has drafted regulations to administer the recognition of sport and recreational bodies, as contemplated in terms of the proposed National Sport and Recreation Amendment Bill.
provide for penalties for sport and recreational bodies that do not obtain prior approval from the SASC before participating abroad provide for the ring-fencing by sport and recreational bodies of a percentage of all income derived from the sale of television rights, for development empower the Minister to intervene in disputes provide for the submission by all sport and recreational bodies of statistics of their total membership to the SASC.
In 2003, a new structure for karate was put in place after much division within the sport.
A professional league in basketball was also expected to be revived, while other codes such as lifesaving have been fully unified. A transformation monitoring committee is in place to ensure progress in this regard.
The SRSA and SASC have drafted regulations and administer and control the hosting of and bidding for major international sports events. A city and/or national federation that intends to bid for and host such an event is compelled to obtain written authorisation from the Minister beforehand.
The SASC has drafted regulations to administer the awarding of national colours.
In pursuance of its vision, the SASC seeks to create a nation of world-class sportsmen and women by improving opportunities for all South Africans. It also works in partnership with stakeholders by striving to meet their human-resource and infrastructure needs.
The SASC is in the process of establishing a national structure for all indigenous games federations.
At least 600 participants from the nine provinces took part.
SISA was officially launched in November 1995 and is now a project of the SASC. It is committed to the establishment, co-ordination and application of a world-class information, scientific and technological resource base, with skills, capabilities, facilities and equipment to provide services to athletes, coaches, technical officials and administrators.
The first initiative taken was the establishment of a network of accredited institutes based at tertiary-education institutions. These institutes are capable of delivering professional services to sportspeople in the areas of sports nutrition, sports psychology, sports vision, sports medicine and exercise science.
The High Performance Programme (HPP) is one of many successful SISA initiatives. Between 600 and 800 elite athletes benefit from the HPP each year.
This involves an evaluation of the overall physical fitness of high-performance athletes. It includes, among others, an assessment of cardiorespiratory endurance, muscular endurance, speed, muscular strength, power, flexibility, body composition and sportsspecific physical evaluations.
Psychological assessments are conducted with the aim of improving the athletes' mental skills before, during and after competition. The focus areas include achievement motivation, visualisation, self-confidence, concentration and goal-setting.
A sports-specific mental-skills inventory forms the basis of the assessment. The results of this assessment are strictly confidential and are only revealed to the athlete concerned.
The main aim of nutritional assessments is to improve the knowledge of the athletes to optimise sports performance, aid post-exercise recovery and maintain their health (prevent infection and fatigue).
This assessment includes a general nutritional information questionnaire, foodfrequency questionnaire, typical training day's intake, and a typical competition day's intake. The athletes' fluid requirements, nutrition supplements, and menu and meal-planning are also addressed.
The medical screening includes a general medical assessment, a musculoskeletal assessment and a sports-specific assessment. An injury history and haematology screening is also recorded.
Sports-vision screening assists in determining visual abilities for the design of a programme for the enhancement of visual performance.
The assessment includes an evaluation of general ocular health, visual acuity, colour discrimination, depth perception, hand-eye co-ordination and visual concentration.
material science to improve equipment, playing areas, facilities and apparel communication systems to improve performance levels and to provide decisionmaking support to athletes, coaches, technical officials and administrators.
The SASC established the Dispute-Resolution Centre in April 2001 in response to the national federations' need for fast, economical and private dispute-resolution mechanisms.
The Centre has, together with disputeresolution experts, designed a set of rules that provide for strict, fair and expeditious hearings. These rules may be used when the Centre for Arbitration, under the aegis of the Arbitration Foundation for Southern Africa, refers a matter.
The Sports Pioneers Programme and Movers in Action have been merged into one programme, called Junior Dipapadi.
Junior Dipapadi aims at giving all children from the ages of three to 14 years the opportunity to participate in sport and recreation. Children are introduced to a variety of sports codes through play at beginner level.
The Super Start Programme has been developed in recognition of play and movement experience for children between three and six years of age. It promotes participation in enjoyable physical activity at an early age, to encourage learning and social integration and enhance self-image. Skills such as balance, co-ordination and rhythm are developed.
Playsport is a fundamental motor-skills programme for primary-school children. It focuses on the acquisition of basic skills, providing teachers with the resources and strategies to address the motor skills of throwing, kicking, striking, locomotion, ball control, trapping and tracking.
Modified Sport is a co-ordinated way of adapting adult sport for children so that they can develop skills, experience success, and enjoy their introduction to sport. This means changing playing conditions, equipment and rules to suit the needs of young people.
The rules, equipment and dimensions of playing fields are modified to make it attractive for young people to participate in the sport.
The cornerstones of this phase are mass participation, safety and fair play, as well as skills development.
On 29 March 2003, about 1 000 youngsters participated in the Modified Sports Festival held at the Concordia Sports Ground in Springbok in the Northern Cape.
The event featured mini netball, rugby, soccer, volleyball, cricket and various fun activities.
Following a series of workshops on transformation in sport in all nine provinces, the Transformation Charter was drafted, which guides all macrobodies, national and provincial federations and clubs on the need to transform sport by making it accessible to all South Africans. The Charter is complemented by performance agreements that national federations enter into with the Minister of Sports and Recreation.
increase participation levels in sport and recreation make sport and recreation accessible to all South Africans ensure that provincial and national teams reflect South African society as whole ensure that all sport and recreation bodies meet their affirmative-action objectives promote greater involvement of marginalised groups, such as women, people with disabilities, people living in rural communities and the youth, in sport and recreation.
A Ministerial Task Team was appointed in December 2000 by the Minister of Sport and Recreation to investigate high-performance sport. Its findings are expected to result in the major restructuring of South African sport.
With the approval of the Cabinet, South African sport will in future be governed by a two-tier system, comprising a fully fledged goverment department and a non-governmental sports confederation. These two structures will take full responsibility for all levels of sport, including mass participation and high performance.
A national academy will concentrate on delivering athletes for international competition, while existing provincial academies will identify and nurture talent to feed into the national academy. The new system of governance is expected to be implemented by April 2005.
The report of the Task Team will ultimately inform the formulation of a Plan for Sport which will constitute the new White Paper on Sport and Recreation.
A team will be appointed to develop the plan.
A total of 47 sport stars were honoured during the ceremony.
Eighteen disabled athletes were honoured during the 2003 Presidential Sports Awards - two received gold medals, while the others received 16 out of the 28 silver medals.
The core business of NOCSA, in terms of the Olympic Charter, is to ensure the participation of South African athletes in the Olympic Games and the execution of its high-performance mandate.
This comprises talent-identification capacitybuilding (Operation Excellence Programme) and fast-tracking delivery. NOCSA's main mandate is to ensure commendable performances in the Olympic Games.
About 41 national federations fall under the NOCSA umbrella body, 28 of which represent Olympic sports. Three are winter Olympic sports.
DISSA is the controlling body that recognises the right of the disabled to participate in sports activities at all levels.
It is responsible for the selection and funding of South African national teams attending the Paralympic Games or any world championships recognised by the International Paralympic Committee (IPC). It is the South African member of the IPC.
creating opportunities through massparticipation programmes for coaches, athletes, technical officials, classifiers and volunteers.
DISSA's programmes are broadly defined in terms of talent identification and high performance.
DISSA aims to provide athletes with an opportunity to achieve consistent success in major international competitions, in cooperation with the able-bodied and hearing federations at national level.
effective and efficient distribution of funding, both for capital and revenue programmes, with straightforward application procedures and thorough monitoring and evaluation of projects support for the education and training of volunteers, coaches, technical officials, classifiers and administrators efficient support services, delivered either in-house or by external contractors a desire to create an excellent organisation with a commitment towards continuous improvement and innovation.
DISSA works closely with the South African Commonwealth Games Association, the All Africa Games, and the South African Federal Council on Disability.
DISSA also has close contact with the national sports federations and is committed towards supporting their development as the responsible bodies for all athletes, including those with disabilities.
Through the merger of the South African Sport Association for the Intellectualy Impaired and Special Olympics South Africa, Sport for the Intellectually Disabled (SID) was born. A delegation from SID met Special Olympics International during the World Games in June 2003, to get their buy-in to the process and support for three brands under DISSA, namely Paralympics, Deaflympics and Special Olympics.
Boxing South Africa was established in terms of the South African Boxing Act, 2001 (Act 11 of 2001), and is partly funded with public money. Its function is to promote boxing and protect the interests of boxers and officials.
consider applications for licences from all stakeholders in professional boxing sanction fights implement the regulations pertaining to boxing promote the interests of all stakeholders in boxing. Boxing South Africa's new academy was launched in August 2003.
The Boxing Academy was kickstarted using part of the R27 million invested in boxing by cellular provider Vodacom. The Academy will be spearheaded by SISA, in conjunction with the University of Pretoria's High-Performance Centre.
The first phase of implementation started in August 2003, with nine hand-picked promoters from across the country honing their promotional skills in courses at the High Performance Centre.
The Academy will also offer boxers high performance, physical fitness, and athletics and life skills.
The main objectives of the SAIDS are to promote participation in sport which is free from the use of prohibited substances, to encourage the development of programmes in respect of the dangers of using drugs in sport, and to provide leadership in the development of a national strategy concerning doping in sport.
Institute. The Bill is expected to be promulgated during 2004.
Between April 2002 and March 2003, the Institute conducted 2 800 drug tests on South African athletes from 54 sporting disciplines, of which there were 42 (1,77%) positive test results.
diuretics (14,3%). In addition to its national testing programme, the SAIDS was subcontracted to conduct 292 in-and out-of-competition tests for international sports federations, the World Anti-Doping Agency (WADA) and other national antidoping organisations.
Funding for the Institute will increase from R3,3 million in 2002/03 to R4,0 million in 2005/06.
The Institute was appointed to conduct doping-control programmes at two major international events outside the borders of South Africa, namely the Women's Rugby World Cup, which was held in Barcelona, Spain, and the 2002 Africa Military Games held in Kenya.
The Institute has 55 fully trained and certified doping control officers (DCOs) based throughout South Africa and 12 trainee DCOs who were certified by mid-2003. Since May 2003, the Institute has implemented a recruitment and training programme for chaperones.
The Institute produced and distributed education and information material to sports federations, athletes and coaches, and conducted an average of three lectures and workshops a month to its various target markets. The Institute also developed a sportsdrug education programme for school learners in collaboration with Bridges, a drug education and intervention non-governmental organisation. During 2002 and early 2003, a series of pilot workshops were held nationally to assess the reaction and get input from school sports coaches. The programme was expected to be launched in 2003 with the assistance of funds for this project allocated to the Institute by the Lottery Board.
In September 2002, the Institute became one of only nine national anti-doping agencies worldwide to be certified by the International Organisation for Standardisation (ISO) in compliance with International Standards for Doping Control, and one of only three national anti-doping agencies to have been certified against the latest, updated and improved ISO 9001:2000 Standard.
South African golfing legend Gary Player was honoured for his contribution to the world of golf (on and off the course) with a Lifetime Achievement Award at the Laureus Sport Awards in Monaco in May 2003.
The WADA has agreed to establish a regional office for Africa in Cape Town. The office will take responsibility for all WADA activities on the continent.
The result of co-operation between Recreation South Africa, the South African National Recreation Council and the SRSA is the South African National Games and Leisure Activities (SANGALA) Programme. The programme was launched in February 1996 to involve South Africans in healthy recreational activities in the nation-building process.
Community, which targets the broad community without any differentiation in age or status.
Training, which specialises in the training of community recreational leaders.
Corporate, which is aimed at middle and senior management in both the private and public sectors.
Senior, which encourages physical activity among senior citizens. More than 200 000 senior citizens participate annually in this project.
Street, which is a life-skills project for homeless children.
RecRehab, which is a project for the rehabilitation of youth and women in prisons, and trains leaders to present recreational activities in prison. More than 1 000 prisoners participate in activities countrywide.
PRORECs are responsible for networking with recreational service-providers to ensure participation at grassroots level.
The emphasis of recreation delivery is on provincial and local levels, where people participate in a variety of recreational activities, including indigenous games.
The opening ceremony of the 2003 ICC Cricket World Cup on 8 February dazzled audiences across the globe, as 4 500 performers turned Newlands Stadium in Cape Town into the best celebration Africa had to offer.
The showcase was broadcast to a worldwide television audience of over one billion people.
The 2003 Cricket World Cup ran for 44 days from the opening ceremony to the final in Johannesburg on 23 March. A total of 54 cricket matches were played - a record for the ICC Cricket World Cup.
The 2003 Cricket World Cup was won by Australia, who beat India by 125 runs at the Wanderers Stadium.
Graeme Smith became the youngest captain to score a Test century at Birmingham, England, in July 2003. Having also added 368 for the first wicket in the Test against Pakistan at Cape Town earlier in 2003, Herschelle Gibbs and Smith became the second pair to have made two triple-century partnerships in Test cricket for any wicket.
His victory made Ferreira the first South African to win the 77-year-old tournament.
Ernie Els claimed his third Nedbank title with an astounding nine-under-par course-record, 63, in the final round at Sun City in the North West, in December 2002. He ended with 21 shots under par.
Els' outstanding performance also earned him a new record for a PGA Championship in the American series, with a total of 261 for the four rounds, 31 strokes under par.
Els' spectacular win featured an average tee-shot of 317,3 yards.
In October 2003, Hale Irwin won the Champion Tour (Seniors Tour) with 37 wins out of 200 starts. He also came second 35 times and third 19 times.
In November 2003, President Mbeki officiated as honorary chairperson at the President's Cup, a golf event between a team from the USA and an international team at the Fancourt Golf Estate in George, Western Cape. In an unprecedented finish, the US and international teams, led by Tiger Woods and Ernie Els respectively, finished level and shared the cup.
Only 61 of the 134 vehicles that set out from the starting line managed to reach the finish.
The 38-year-old Saunders turned professional in 1989.
It was Clark's second consecutive secondposition finish. This secured Clark a seventh position ranking among the world's top 10 female surfers.
In May 2003, she finished second in the Magnolia Girls Pro Six-Star Association of Surfing Professionals World Qualifying Series women's event in Portugal.
It was the first time that a leg of the World Cup was held in Africa.
South Africa was one of the nine countries chosen out of the 16 that bid for the event.
Natalie du Toit, who wowed sport enthusiasts with her brave recovery after losing a leg in an accident, and her subsequent remarkable performance at the Commonwealth Games in Manchester in 2002, shattered the world record in the 100 m freestyle exhibition race at the 10th Fina World Championship in Barcelona, Spain.
Du Toit took the honours in 1 minute 2,72 seconds, bettering the previous world record of 1:02,89.
She was invited to participate in the exhibition event by the IPC, based on her number one ranking following her performance in Manchester.
The South Africans won eight gold, seven silver and three bronze medals in athletics, while the soccer team claimed two bronze medals in the five-a-side and the 11-a-side events.
The golfers brought home two medals of each colour.
Long-legged Hestrie Cloete dazzled the crowd at the Golden League meet in Berlin, Germany, during August 2003, when she broke her own Africa record with a jump of 2,05 metre (m), marking the best jump of her athletic career.
Cloete's previous personal best was 2,04 m, which she achieved in Monaco in 1999.
Jacques Freitag set the pace for the South African team when he cleared 2,35 m in the men's high jump, earning his first gold at the World Athletics Championships in Saint-Denis, Paris, in August 2003.
His female counterpart, Hestrie Cloete broke her own Commonwealth and Africa records by clearing a height of 2,06 m, earning her the gold and title of world champion in the women's high jump. Cloete became the first women in the history of athletics to keep her title after two events. She first won the title at Edmonton, Canada, in 2001.
In September 2003, Cloete was chosen as the female World Athlete of the Year 2003. She recorded 22 wins in 26 high-jump competitions during 2003.
Other outstanding performances by the South African team included Okkert Brits' silver medal in the men's pole vault, and a bronze for the 800-m athlete Mbulaheni Mulaudzi.
One of the most touching success stories in South African sport in 2003 was that of Bongani Mvumvu from Cape Town, who became the world champion at the FEI Children's World Cup Challenge, in Hargen, Germany, during August 2003.
It was the first time Mvumvu had ever competed at international level.
Abongile Nkamane from Ajax Cape Town scooped the Junior Player of the Year Award. He was a key member of the national under12 championship team which won an international junior tournament in France in 2003.
The world champions beat Portugal 2-0 in the final game in Paris. The South Africans scored 28 goals and conceded none in the 32-country tournament.
Besides clinching the title of world champions and the award for the tournament's best defence, the Tsetse Flies' Monama Motsamela also walked off with the Player of the Tournament Award.
The South African team squashed their opponents to win the most medals at the World Masters Squash Championship in Espoo, Finland, in August 2003.
The team won a total of six gold and four silver medals.
Nigeria won the Games with 85 gold medals, four ahead of Egypt's 81. South Africa came third with a total of 63 gold medals.
Estimates of National Expenditure 2003, Published by the National Treasury South Africa.
Alfred, L. Lifting the Covers: The Inside Story of South African Cricket. Cape Town: Spearhead, 2001.
Alfred, L. Testing Times: The Story of the Man Who Made South African Cricket. Cape Town: Spearhead Press, 2003.
Attitudes and Impressions about Sports Sponsorships among Major South African Companies. Pretoria, 2000. Sports Information and Science Agency (SISA).
Burke, L. and others. The Complete South African Guide to Sports Nutrition. Cape Town: Oxford University Press, 1998.
Chesterfield, T. and McGlew, J. South Africa's Cricket Captains. Cape Town: Zebra Press, 2002.
Cottrell, T. Old Mutual's Runner's Guide to Road Races in South Africa. Parklands: Guide Book Publications, 2003.
Cottrell, T. and others. Comrades Marathon Yearbook. Halfway House: Southern Books, 1998.
Desai, A. et al. Blacks in Whites:A Century of Cricket Struggles in KwaZulu-Natal. Pietermaritzburg: University of Natal Press, 2002.
Leppan, L. South African Book of Records. Cape Town: Don Nelson, 1999.
SISA. Drug-Related issues in South African sport - an awareness study, 2000.
SISA. Research on the Participation of Women in Sport in South Africa, 1997.
Taking Sport into the Future. 2001. South African Sports Commission.
Who's Who of South African Rugby. Cape Town: Don Nelson, 1996.
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The child delegates to the Children's Parliament will arrive at the venue this afternoon. The Children's Parliament will sit from 1 to 3 November and is under the auspices of the Office on the Rights of the Child in the Presidency.
URL: http://www.info.gov.za/speeches/2003/03103113461002.
All media are invited to attend events of the Children's Parliament and Children's Day sitting from 31 October to 3 November. All processes will be open to media. The programme will be available at the press conference at the Union Buildings on 30 October, as well as on the government website from the same date.
South Africa has, through the Constitution and through ratifying other international instruments like the Convention on the Rights of the Child; the African Charter on the Rights and Well-Being of the Child and other optional protocols, ensured that it creates an environment fit for the development of its children.
Results: 1 to 20 of 62 (104467 searched in 0.699.
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The 2010 National Communication Partnership, a joint effort comprising organizations involved in communicating about the FIFA Confederations Cup 2009 and the 2010 FIFA World Cup, today announced the launch of a national campaign aimed at building public excitement, awareness and support leading up to the two events in South Africa.
Under the banner, "Fly the Flag for Football!", thousands of South African Flags, together with information leaflets, will be distributed to travellers and holiday makers over the Easter Weekend, from Thursday 9th April to Monday 13th April. The Easter Weekend was chosen to launch the campaign as it is traditionally one of the busiest holiday periods in South Africa, with thousands of South Africans travelling across the country.
The 2010 National Communication Partnership (NCP) was formed to co-ordinate and drive relevant marketing and communications messages for the FIFA Confederations Cup 2009 and 2010 FIFA World Cup. The role of the NCP is to inform the public about the events, to market South Africa and to inspire a sense of pride and unity in the South African public. Members include custodians of Brand South Africa, the International Marketing Council (IMC), South African Tourism, the FIFA Local Organising Committee, the Department of Arts and Culture, South African Airways, Proudly South African, and several other private sector and civil society groups.
The NCP hopes to distribute over 47 million South African Flags through various campaigns leading up to the start of the 2010 FIFA World CupTM in June 2010.
"Our national Flag is a powerful symbol of unity and pride, and we would like to play our part by encouraging South Africans to proudly fly the Flag as the eyes of the world are upon us," says Margaret Dingalo, Stakeholder Relations Manager for the IMC. 'The FIFA Confederations Cup 2009 is starting in less than 100 days and excitement is building. We need to help drive enthusiasm and patriotism, garnering support amongst South Africans for Bafana Bafana and the event as a whole."
South African football legend Mark Fish is the official spokesperson and will garner support and spread the message to the public for the duration of the campaign. He says, "The South African National Flag is a proud symbol of unity. The eyes of the world will soon be upon us as we fly our Flag and fill the land with the vibrancy, spirit and colour of South Africa. These events are more about football - it's the opportunity of a lifetime, for South Africa and Africa as a whole. Let us raise our Flags in unity, joining together to make the FIFA Confederations Cup 2009 and 2010 FIFA World Cup joyful, unforgettable events. Fly your Flag and show the world the warmth and spirit of South Africa."
Zakumi, the 2010 FIFA World Cup mascot, is also participating and will be spotted throughout the country interacting with the public and encouraging support.
Colourful face-painted figures wearing South African Flag t-shirts and Makarapas, the traditional football fan hat that is unique to South Africa, will be handing out free Flags at various tollgates, garages and airports across the country. State of the art digital shoot-outs will also feature at various locations where members of the public will have a chance to win prizes after taking shots at a virtual goal.
Source URL (retrieved on 2011/07/18 - 11:48pm): http://www.sa2010.gov.
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The application must be handed in at either the SARS Head Office in Pretoria or at a Customs Branch Office.
New EDI clients must, over and above the documents/procedures specified above, also submit a completed DA185 and the User Agreement, which are downloadable from the SARS web site.
The user Agreement must be signed by the applicant as well as two witnesses.
The applicant as well as the witnesses must initial all pages of the User Agreement.
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Mpumalanga Community Safety, Security and Liaison MEC Sibongile Manana has called on the management of the South African Police Services to deploy more police at Ogies following the recent escalating riots over service delivery.
MEC Manana rushed to the scene on Wednesday [20 May 2009] after receiving calls that the houses of three councilors had been destroyed and that people were being prevented from going to work by the disgruntled residents.
The taxis and busses had also been prevented from entering the local township. Upon arrival at the scene, the MEC was aggravated to discover that the situation was volatile and called on Assistant Commissioner Nico O'Kelly to deploy more police to stabilize the situation.
The unrests at Ogies began two weeks ago when the residents demanded water, which was later provided by the Emalahleni Municipality.
The community continued to protest because they do not want the current councilors. Subsequently Home Affairs Deputy Minister Malusi Gigaba was deployed last week Thursday [14 May 2009] by national government to calm down the tension.
Deputy Minister Gigaba was harassed and his vehicle was stoned by angry residents before he was escorted to the police station.
Following the rowdy behaviour of some residents which includes barricading of roads, burning of tyres, throwing stones at the police, MEC Manana yesterday intervened and called on the police to "do everything in your power" to calm the situation.
"We are a free country where people deserve to live freely. We cannot fear the few individuals who are holding the whole community at ransom. If the lives of our people continue to be in danger, we might consider deploying the army," said MEC Manana.
The MEC further called on the community and councilors whose properties were vandalized to open cases at the police station so that the police can lawfully arrest the perpetrators especially the instigators of public violence.
The MEC bravely faced the angry "concerned residents" who disrespectfully demanded her to release the nine arrested community members saying they will in return stop the public violence.
We cannot afford to have a Banana Republic! Those people are now under the Department of Justice and Constitutional Development. They are subjected to the normal criminal justice processes and they cannot be simply released on your ultimatum.
"We will be setting a wrong precedent. It is unlawful and will only mean that people will continue to misbehave as they please on grounds that they will be released," said Ms Manana.
She however promised to arrange a meeting with her counter part from Mpumalanga Department of Corporate Governance and Traditional Affairs MEC Norman Mokoena as they requested.
Ms Manana was also shown cartridge of live bullets allegedly utilized by police to disburse the crowds.
"I wish to apologise to the innocent people affected by this situation which is preventing them from doing their daily business. We are working very hard with the police to normalise the situation. I am asking the affected people to open cases at police station and report those who are committing crime against them or their properties," said MEC Manana.
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The North West Provincial Legislature will be holding its annual Youth Parliament on Wednesday June 22, in the Legislature Chamber at 09h00. The event, themed, 'Economic growth through job creation', will focus on capacitating youth to confront challenges of joblessness and poverty eradication.
The following thematic areas will be discussed; Creation of decent jobs for Youth; Skills Development; Role of young people in the developmental agenda of state.
Job creation for the youth is very crucial in successfully fighting against extreme poverty and hunger. Statistics show that more than 42% of young people aged between 19 and 35 living in both urban and rural areas are unemployed. To address this challenge, youth of this country must have access to decent jobs, and play their role on the country's economy.
The Legislature conducted research on the thematic areas providing facts, figures, guidance and ran workshops across the four districts of the province from the 7-10 June. About 100 young people from FET Colleges, University students, Graduates, non-graduates, employed and unemployed youth took part in these workshops. Also in attendance were identified stakeholders such as Youth political structures; Government Departments and parastatals; and National Youth Development Agency.
Youth attending Youth Parliament 2011 are those from the workshops in the different regions as well as those from the Mafikeng locale. Members of the North West Provincial Legislature will attend and the Deputy Speaker of the North West Provincial Legislature, Hon Motlalepula Rosho will lead the delegation.
Hon. Rosho said that it has been a norm that the Legislature creates a platform for the youth through a Sectoral Parliament to raise issues that affect them so they could be responded to by relevant government structures.
"Our objective is to award the youth of the province an opportunity to raise their challenges and recommendations and for us MPLs to play our oversight role on any issues raised that affect the youth," said Hon. Rosho.
Members of the media are invited to attend. Please contact Namhla Luhabe on 079 527 0628 for more information.
<fn>GOV-ZA.21089En.2012-02-10.en.txt</fn>
To prevent the spread of yellow fever, travellers crossing the borders of countries where yellow fever is prevalent need to be vacinated against the virus.
Yellow fever is a virus carried by the Aedes mosquito that leads to death in about 25% of patients. There is no specific treatment, but vaccination is very effective.
International law requires travellers crossing the borders of countries where yellow fever is endemic to have yellow fever vaccinations. After you have been vaccinated you will be issued with a Yellow Fever Certificate.
The certificate only becomes valid ten days after vaccination, and stays valid for ten years.
If you have travelled in a Yellow Fever region in the six days before you wish to visit South Africa, you will have to show your Yellow Fever Certificate when you enter the country.
Pregnant women, babies under one year old and people who are allergic to the vaccine and to eggs do not have to have the vaccination. You will still have to get a certificate from the vaccination centre saying that you have been exempted.
those with an exemption certificate due to medical reasons may be allowed entry and required to report any fever or other symptoms to the health authorities and be placed under surveillance.
If there is no Port Health Officer at the point where you enter the country, you will be refused entry into South Africa.
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URL: http://www.info.gov.za/speeches/1998/98806_volkst9811100.
<fn>GOV-ZA.21102010En.2012-02-10.en.txt</fn>
This government has put policy in place to ensure the empowerment of women ' but policy is nothing if it is not acted on constructively, and I believe this is also happening. And I am pleased that government and community have made and are still making spaces in which they can discuss and debate and find ways to take forward the issues of communities and those most at risk within communities, like the girl child, like rural women and women dealing with poverty.
URL: http://www.info.gov.za/speeches/2008/08080110151003.
Results: 21 to 29 of 29 (104434 searched in 0.268.
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Can you get an additional allowance?
The Reserve Bank controls and monitors all money that leaves and comes into the country. Part of this exchange control programme is that when you travel overseas, you can only exchange a certain amount of money for overseas currency.
The annual travel allowance is R160 000 for adults and children over the age of 12. Children under the age of 12 are granted an annual allowance of R50 000 each.
There used to be a separate holiday and business allowance but this no longer exists. The annual allowance applies to all forms of travel during the year.
The allowances are valid for a calendar year from 1 January to 31 December. Your allowance is determined on the date of departure. If you do not use your entire allowance during the year it falls away - you cannot accumulate allowances from one year to the next.
You can use your full allowance in any way you like, including foreign cash, credit card, draft or traveller's cheques.
If the R160 000 allowance is not sufficient for the year, you can apply to the Reserve Bank for an additional allowance.
<fn>GOV-ZA.211162En.2012-02-10.en.txt</fn>
This publication contains Provincial Gazettes for 2011, sorted by month of publication.
<fn>GOV-ZA.21122010En.2012-02-10.en.txt</fn>
Mpumalanga Safety, Security and Liaison MEC, Vusi Shongwe has called on the private security companies to assist government to bring hope to business people in order to invest in the province.
According to Shongwe, bringing hope can be done by eradicating crime, which will also enhance tourism and also bring stability among communities, saying that security companies' responsibility is not only to make money but to assist the people of the province.
Shongwe was speaking at the quarterly meeting between the department and the security companies contracted to safeguard government property.
He said the security companies were in the forefront in fighting crime; therefore they needed to partner with government as stakeholders.
The MEC said the role of the private security industry in the fight against crime was very crucial because they were regarded as the first line of defense for the people.
Shongwe has however called on the companies to do their work with much diligence in carrying out their duties as there has several incidences of theft at various government buildings.
"I was embarrassed recently when I had to account to the Legislature about theft in government buildings, and also humiliated that when the suspects were arrested, some of them were security guards deployed to safeguard the buildings," said Shongwe.
He said they should not collude with criminals because they were trusted by government on behalf of the people to safeguard public property, its resources and to fight crime and corruption.
I am therefore appealing to you not to allow a handful of criminals within the industry to bring the reputation of private security companies down.
"With that in mind, those within the private security industry who are involved in criminal activities must expect no mercy from the police. They will be arrested," warned the MEC.
He said companies have a responsibility to protect, secure and guard government property and assets.
The MEC has also appealed to companies to take extra ordinary steps to improve security in government offices during the festive season in order to prevent break-in incidences.
The purpose of the quarterly meetings is to enable the department to interact with security service providers and other stakeholders to reflect on the developments in the industry that affect their operations.
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"We are also committed in growing Gauteng's economy by eight percent by 2014. This crisis has provided us with an opportunity to also reflect and recommit ourselves," added Mahlangu. City of Johannesburg Executive Mayor and South African Local Government Association (Salga) national Chairperson Amos Masondo said it was important to communicate messages of hope during load shedding. He added that eGoli Gas will speed up infrastructure to all households, and that Eskom and City Power will provide better communication on load shedding and issue schedules.
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Former Minister of Social Development, Patricia De Lille, declared that an amnesty period would be given to unregistered daycare facilities in the Cape Town from 1 February 2011 until 31 July 2011. Read the former Minister's official press release.
There are currently more than 1 500 unregistered crèches in the province and the amnesty period represents an opportunity for government, crèche owners and operators, as well as parents, to start complying with the Children's Act, which has been put in place to protect and nurture South Africa's children. All daycare facilities must register by 31 July 2011.
What is the Registration Process?
To register, daycare centres will need to fill out a registration form. These forms can be found in libraries, clinics and sub-council offices, as well as the Department of Social Development's local offices and head office, and can also be downloaded from this website.
For more information, you can call the following toll-free numbers.
The application forms must be submitted to a Department of Social Development local office or the head office. Data verification will take place, and the department will then send the application to the City of Cape Town.
The city's Social Development unit will confirm that they have received the application.
The application is forwarded to the city's Planning Department to process the land use application.
If necessary, the application will then be forwarded to the city's Building Development Management unit to process the building plan submission.
The application will then be forwarded to the city's Health and Fire departments for the environmental health and safety inspection.
The application is then sent back to the Department of Social Development for inspection, assessment and a developmental plan for the facility and programme.
Pending the outcome of the above steps, the department will then formally register the facility and issue a certificate to that effect.
The provincial Department of Social Development maintains a database of all registered daycare facilities in the province. This information is made available to the public and especially to parents who want to ensure that their children's daycare facility is registered.
You can request this information at your local Department of Social Development office or at the nearest municipal office, clinic or library.
Daycare centres that fail to comply and register within the amnesty period will be considered illegal, and the Department of Social Development will shut down these facilities immediately.
<fn>GOV-ZA.2117En.2012-02-10.en.txt</fn>
South Africa will host the ï¬rst ever African World Cup in 2010. Preparations for this tournament are on track. Government is using the hosting of the World Cup to fast-track the growth and development of the country. Games will be hosted in 10 cities across the country.
The tsunami hit two islands of Pagai Selatan Mentawai and Pagai Utara Mentawai in West Sumatra after the 7.2 magnitude quake.
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Today marks the first day of the Western Cape Department of Social Development's Amnesty Period for the province's more than 1 500 unregistered crèches.
The Amnesty Period will run from today, 1 February 2011 until 31 July 2011 and will only apply to crèches in existence before the end of January 2011.
The Amnesty Period represents an opportunity for all of us, Government, crèche owners and operators, and parents alike, to start complying with the Children's Act, which is there to protect and nurture our children.
I am concerned about the safety of your child at crèche.
As a parent you need peace of mind that when your child is out of your hands, they are safe.
Ask your child's crèche if they are registered with the Department of Social Development.
If they are not, inform them about the Amnesty Period.
In terms of the Children's Act 38 of 2005 as amended, should a crèche not submit their application for registration, they are operating illegally, which means your child is not protected.
The added value of being registered is that your child's crèche could gain access to a wide range of resources, including free training for caregivers and the subsidisation of certain children.
For peace of mind, encourage your child's crèche to register.
Then your child will be in safe hands.
For more information, parents and crèche owners and operators can contact the Social Development Department office closest to you, or phone our toll free number, 0800 220 250.
Parents can also click on Unregistered Daycare Centres, to see the full list of registered Partial Care facilities, which we will continue to update.
As we speak the Department of Social Development's distribution process is in progress.
In the City of Cape Town, where most unregistered facilities are found, around 1200 application packages have left our offices over the past 2 days.
These packages are available in Afrikaans, IsiXhosa and English.
Finally, you will see in your press packs that we have included the pamphlet that is in the packages we are distributing.
These pamphlets explain to crèche owners and operators, in four simple steps, how to go about registering.
I am also signing and sending out personal letters to the approximately 1500 unregistered crèches that we have details for.
You will notice that we have included in your press packs the breakdown of calls to our toll free number since 12 January 2011.
In the next two weeks I will also be visiting registered and unregistered crèches.
I would like to reiterate that this Amnesty Period will not be extended after 31 July 2011, for any reason whatsoever, and that we will not hesitate to enforce the law and shut down illegal facilities.
<fn>GOV-ZA.211stgtingcommunityparticipationinlocalgoverntchalgesandprospectsEn.2012-02-10.en.txt</fn>
In contributing towards government's effort to halve unemployment and poverty by 2014, the Economic Cluster is working towards a critical growth path, drawing on the priority projects of the Programme of Action (PoA). The Cluster is reviewing capital expenditure procurement of State Owned Enterprises (SOEs), assessing how existing government policies are affecting the ability to optimise the development impact of the SOE Capex procurement.
URL: http://www.info.gov.za/speeches/2006/06070415151001.
I would like to focus on the following: communication of our plans; capacity in the Department and the SOEs; progress in a refined governance system for the SOEs; key developments in each of the SOEs; and finally the industrial impact of the infrastructure programme.
URL: http://www.info.gov.za/speeches/2006/06060608151001.
The economy's weak state manifested itself in an apartheid debt of R254 million, stagnant Gross Domestic Product (GDP) growth, declining savings and investment rates, falling formal sector employment and a decline in per capita GDP. AsgiSA focuses government's actions more sharply to ensure that we exceed our growth, development and employment targets. In order to expedite sector development, the Department of Trade and Industry is at an advanced stage of developing sector strategies.
URL: http://www.info.gov.za/speeches/2006/06060513151001.
As part of the Imbizo Focus Week, the following ministers will be conducting Municipal Izimbizo in the municipalities detailed below. Media interested in conducting interviews with any of the ministers are requested to contact the numbers provided for enquiries. Imbizo: Participatory and integrated governance to build a South Africa that truly belongs to all.
South Africa is also in the interesting position that it is playing a leading role in the development of high temperature reactors in the form of the Pebble Bed Modular Reactor (PBMR). The development of the PBMR in South Africa has to be seen in this context. South Africa is in a particularly strong position to advance the technology of high temperature reactors.
URL: http://www.info.gov.za/speeches/2006/06100314451006.
Today we unveil to the community, the refurbished centre that will be used by the Khanyiselani Development Trust. Established in 2002 the Khanyiselani Development Trust has been working closely with a number of government organisations including the provincial Departments of Health and Social Services, the local municipality, healthcare workers, educators and the library to provide care, support and empowerment services to vulnerable children, youth, women and their families.
URL: http://www.info.gov.za/speeches/2006/06101910451001.
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The MEC for Health in KwaZulu Natal, Ms Peggy Nkonyeni, together with the Management of uKhozi Radio will on Wednesday, 24 January 2007 officially launch the Voluntary Counselling and Testing (VCT) campaign at Wentworth Hospital in Durban. The objective of the campaign is to encourage people to make the responsible decision of knowing their status.
The media is invited for a breakfast and briefing about the campaign as well as to witness the public testing by the MEC for Health, the Head of Department, Senior Managers of the Department of Health, Senior Managers from uKhozi, political and community leaders.
The media is invited to attend and report on this event.
<fn>GOV-ZA.212722En.2012-02-10.en.txt</fn>
Download the complete Draft Strategic Plan (File type: pdf; size: 4.
<fn>GOV-ZA.21279En.2012-02-10.en.txt</fn>
There exists a need for quantitative analysis of the multiplier effects of policy decisions relating to agriculture at provincial, inter-provincial and national level. This quantitative policy analysis aims to provide this.
<fn>GOV-ZA.212900En.2012-02-10.en.txt</fn>
Namkelekile Nonke.
It is always a profound honour to make this opening speech of the parliamentary session.
Each one of us was elected to represent all the people of our province, and we embrace this responsibility with dedication and humility. This House is the place where government is called upon to account for its actions, where every bill is debated and where the money we spend is scrutinised.
The often heated exchanges to which we have grown accustomed are generally a good thing. It shows that our democracy is robust; that there is space for differences and disagreements. And, as our democracy matures, it is essential to ensure that the debate in this House focuses on alternative solutions. We cannot build a shared future if we remain trapped in the conflicts of the past.
Of course, the legacy of our tragic past is still with us, and will be for years ahead. This government is committed to redressing that legacy in the shortest possible time by the most sustainable means. Let us therefore accept each other's good faith. Let us move away from gratuitous insults and racial posturing. Let us make the issues the issue.
So, before I begin, I would like to acknowledge the Honourable Leader of the Opposition and her caucus. I also wish to pay tribute to the thousands of public servants who keep the wheels of government turning. Many of them embody the concept of public service in its best sense. The Western Cape would not be South Africa's best run province without them.
Speaker, forty seven years ago, in his famous statement from the dock, Nelson Mandela set out his vision of a free and prosperous South Africa.
"I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve.
In those few lines, repeated so often in my family home as I was growing up, he captured the South African dream. Back then, in 1964, it seemed these words would remain a dream as decades of escalating racial conflict followed.
But we stand here today; celebrating freedom in a democratic South Africa - an immeasurably better place now than it was then. And we know now that the impossible is possible. That nothing is beyond us. That we can shape our own future. And so we recommit ourselves to realising the South African dream, articulated so clearly by the father of our nation, for future generations.
Speaker, Mario Cuomo, the former governor of New York State, once famously said, "You campaign in poetry. You govern in prose." And I suppose he was right. But I also believe that when you campaign for ideals you should govern to achieve them. Sifuna iPhondo liphumelele kuba sifuna umZantsi Afrika uphumelele. Ons wil dit regkry sodat ons van Suid-Afrika 'n sukses kan help maak.
That is why, notwithstanding the scale of the challenge, despite the constraints that beset us, and accepting our own frailties and failings, we must keep our eyes fixed firmly on the prize. Just as Nelson Mandela did through days long and dark.
And the prize for us is the Western Cape of our dreams. A place where children grow up taking their freedom for granted. Where every child is safe, sheltered, nourished and loved. Where learning opens the door to opportunity, and a growing economy the path to prosperity.
In the Western Cape of our dreams, every child can shape her own destiny and live a life she values.
In the Western Cape of our dreams, unemployment is a temporary condition, not a life sentence. Because risk-taking entrepreneurs have the space to drive innovation, invest their resources and create jobs. Because workers in factories and on farms are treated fairly and given chances to advance themselves and their families. And because skilled immigrants and investment capital are seen as an opportunity, not a threat.
The Western Cape of our dreams is a place where people easily connect with each other and the rest of the world through functional infrastructure and modern technology. Things work.
People recognise their duty to conserve the rich environment of our small corner of this blue planet, across which we all temporarily pass.
It is a magnet to tourists and investors. It is the gateway to the rest of our continent. It is a place where people want to live, work and relax.
It is a place where diversity is celebrated as a source of strength, and is not the cause of division. It is a place where all people feel welcome and at home.
It is a place that links effort and reward, where people are judged not by the colour of their skins or the strength of their political connections, but by the content of their characters.
Speaker, we must keep our eyes fixed firmly on the prize. We know that a gulf separates our dream from our reality. But we are not in public service to be hand-wringing victims of circumstance. We were elected to make a difference, not to make excuses.
"The future is not a gift. It is an achievement."
Die toekoms is geen gawe nie. Dis 'n prestasie. Ikamva ayisosipho. Yimphumelelo.
South Africans recognise this more than most. While the world hailed our first democratic election and negotiated Constitution as a miracle, we knew it was because we believed a shared future was better than a divided past. This sort of common sense is a South African attribute. It made the new South Africa a shared achievement, but it also requires us to build on these foundations together.
Government has a role. Our role is to extend to every person the opportunity to live a life he or she values. But citizens also have a part to play. It is to take responsibility for making the most of the opportunities on offer. Building a shared future requires each of us to understand our role and what it means to achieve the better life for all.
This is a still a very distant dream, indeed a mirage, for far too >many people in our province, particularly those trapped in extreme poverty. Poverty is the biggest challenge we face. Armoede is ons grootste uitdaging. Intlupheko yeyona ngxaki esijongene nayo.
The tragedy of the poverty trap is typified by the baby born to an unskilled, single teenage parent, who has dropped out of school and relies on a child grant. The young mother seeks out teenage pursuits and resents her premature burden of parental responsibility. Unprepared and under-parented, her child eventually goes to a dysfunctional school, where she falls behind from the start. She isn't taught the basics of literacy and numeracy, which makes mastery of the curriculum impossible.
Alcohol and drugs are easily available at the shebeen next door. At first they are an occasional diversion. Before long she cannot get by without them. Like her mother fifteen years previously, she gets pregnant and drops out of school, without the skills to get a job. Her baby's father moves on. She is powerless to enforce her sexual choices in a patriarchal environment. In time she tests positive for HIV, and becomes dependent on state sponsored drugs to stay alive. By her mid-20s she has several children.
She puts her name on the housing waiting list, along with hundreds of thousands of others. Ten years later she is still waiting for her house and living in desperate circumstances, probably in a shack and possibly without clean water, sanitation and electricity. Life is a struggle for survival. She joins a service delivery protest and demands: where is my house Where is my job What has the government done for me?
Speaker, this is an extreme example of the poverty trap, but by no means an isolated one. More people are sucked into this vortex than we would care to admit. Far too many children in our province are surrounded by despair. Far, far too many fall victim to alcohol and drugs. And even for those who don't, very often their childhood ends without the benefit of a decent education or the prospect of a job.
Speaker, poverty blights our democratic landscape and cheapens our freedom. It stands between us and the South Africa for which Nelson Mandela struggled; between us and the Western Cape of our dreams.
But there are other stories in our province. Stories that show us a way to overcome poverty and bridge the gulf between our reality and our dreams. I'd like to share one with you. It is a true story about a child born into deep poverty in another province. His father disappeared when he was one month old. His mother brought him and his siblings to Cape Town in her struggle to survive. They live in a backyard shack.
His mother was determined to do her best for her children. She kept looking for work until she found a job at the fruit and veg section of a supermarket. She used her wages to nourish her children. Her son went to the local school, led by an outstanding principal and staffed by teachers, all selected on merit, by a governing body that recognises excellence and understands their children's futures depend on it. The partnership between parents and teachers is strong.
The school has the required facilities, including an internet-linked computer laboratory, a small library, a hall and a sports field. The garden is neat and the buildings are maintained.
This young boy begins to thrive in his new surroundings and develops his talent for science and mathematics. The school remains open late into the night so that the students can study in a safe and quiet environment. They download past papers on the internet and have access to newspaper study guides and exam tips. Their teachers finish the curriculum and leave enough time for revision.
He achieves 7 distinctions, including 97% for mathematics and the top award in the province for life sciences.
The young man in this story, Asavela Rawe, is now studying actuarial science at the University of Cape Town. His mother, Mrs Lungiswa Rawe, joins us as our special guest today. She symbolises the hundreds of thousands of mothers in our province, and the millions across our country, who are doing what they can to be good parents. Siyavuyisana, Mama. Siyazingca ngonyana wakho.
Of course, Asavela's story is an extreme example. He is a true outlier. But what interested me is that his school, Masibambane, that serves the poorest of the poor, achieved a 95% matric pass rate and 24 subject distinctions. It shows us what is possible when all role players understand what it means to create an opportunity and to use one. And Masibambane is not the only school doing so. Watch places like Matthew Goniwe Memorial, Masiphumelele, Sophumelela, Zola Senior, Oval North and Worcester Sekondêr. They are replicating this story across the province. Leaving school with good results should open the door to the next opportunity, and then the next, in a cohesive society where we all understand our roles and fulfill them.
Speaker, a dream without a plan will remain a mere dream, however inspiring it may be. So I now turn to some hard-working prose.
Tabled before you today is our plan. It summarises our agenda for action and encapsulates our contribution to realising the South African dream in the Western Cape. We have deliberately called it a draft plan. We want to have an inclusive and honest conversation about it, and we want to learn from better ideas. We will look out for possible unintended consequences and adapt where necessary.
Speaker, our plan is the product of much analysis, consultation and debate. It does not offer a quick fix or a silver bullet. But over time, as we work to implement it day-by-day, the people of our province will start experiencing the difference. It cannot all be achieved in one term. But it can all be achieved. If we stay the course.
Speaker, our purpose in government is to extend the hand of opportunity to the people of the Western Cape so that they can escape poverty, shape their own destinies and live lives they value.
That is why we have made a clear choice to put economic and employment growth at the front and centre of our agenda for the Western Cape. A choice for growth is a choice for the poor.
Speaker, there is only one way to overcome poverty and realise the dream of opportunity for all. Unless we ensure that everyone has the chance to get a job, the South African dream will never be more than a dream. A job is a passport out of poverty and the start of the path to prosperity.
So we are delighted that President Zuma agrees that jobs should be our number one priority. We will work towards the same goal to ensure we all succeed.
But identifying objectives and setting priorities is the easy part. The hard part is working out how to reach your desired destination. Otherwise good intentions sink into the quick-sand of political compromise and ideological contradiction.
Our policy for growth and jobs is clear. We understand and embrace the reality that government cannot create new jobs. Our national Minister of Finance tells us that the public sector wage bill has already extended beyond what our country can afford and beyond levels of productivity.
Growing businesses create jobs. Government's job therefore is to create an environment that attracts investors, encourages innovation and supports initiative. Because growing businesses hire people, train them and empower them to improve their lives.
And so we are crystal clear on our role as a provincial government. Let me set it out for you.
First, we must ensure that government is clean, efficient and effective. Corruption is stealing from the poor, those most in need of the state's assistance. It saps confidence and drives away investment. Corruption makes poor people poorer. And service delivery failure is a waste of good money and a breach of public trust.
Second, we must provide the infrastructure needed for growth and jobs. In the case of provincial and local government, that means roads, public transport, bulk services, schools, hospitals and clinics.
Third, we must get out of the way of people trying to start businesses and grow enterprises. That means designing a pro-growth planning environment that ensures sustainability. It also means efficient implementation of administrative processes. We have to achieve an attitude adjustment, shifting citizens' experience from red-tape to red carpet.
Fourth, we must work with the private and higher education sectors to build a brand that attracts investors, tourists and students to our region. And then we must help to promote the region in partnership with all the key stakeholders.
Fifth, we must ensure a steady supply of healthy, well-educated people prepared to play their part in a dynamic, growing economy.
Let me outline our plan to implement this growth agenda.
In the Western Cape, our commitment to clean, effective government is firmly established.
We have put a stop to lavish parties and unnecessary spending.
Last year, in this House, we passed the Business Interests of Employees Act to prevent government employees from doing business with the state.
In the coming weeks, we will finalise our new ministerial handbook which will ensure Ministers are held to high ethical standards.
And we have already strengthened our Forensic Investigation Unit to ensure that cases of corruption can be better detected, investigated and prosecuted.
Our commitment to efficient and clean government is reflected in last year's Auditor-General's report. It was the first time since our democracy began that a province received unqualified audits across all departments and public entities. A clean sweep! Our appreciation goes to all the public servants who made this possible. They are setting the benchmark for public financial management.
Clean government is essential, but it is not enough. Government must also spend taxpayers' money effectively, and make a measurable difference to peoples' lives.
In the Western Cape, we are almost finished quantifying every outcome we wish to achieve. Next year, we will link each output captured in our Annual Performance Plans to our outcome indicators to ensure coherence between what we do and what we aim to achieve. It will also allow us to test our interventions for their effectiveness and improve them as we go along.
To ensure we can implement our policy agenda effectively, we have put in place a new transversal management system. Already, it is proving effective at getting departments to work together to achieve our outcomes.
And through our Modernisation Process we have made advances in improving our IT systems, our human capital management, our administrative processes and much besides in an effort to ensure that we deliver efficiently and effectively. This is beginning to pay off. In recent assessments by the Public Service Commission, the Department of Agriculture scored 90% and Human Settlements 86%. We are still awaiting the final outcome of other assessments, against the yardstick of core constitutional principles.
Speaker, central to our growth agenda is developing the right infrastructure in the right places. It is no good pouring money into infrastructure projects that do not support growth over the medium and long term. That is why we are completing a growth study to identify each area of the province that is growing, or has the potential to grow. It will serve as vital management information for decision-making on infrastructure investment.
We will also continue to reduce the road maintenance backlog as fast as finances allow and only build new roads where there is direct economic advantage in doing so.
A growing economy must connect people through transport and technology. We have to learn from places like Kenya where an ICT revolution is driving strong economic growth. To emulate this, we are developing a telecommunications strategy, based on a fibre optic network infrastructure that connects government, citizens and the economy to improve productivity and access to new markets. The World Bank has calculated that the economy of a developing country grows by 1.38% for every 10% increase in broadband penetration. We cannot afford to get left behind.
We will also continue to work with the City of Cape Town to establish an integrated public transport system that gives the people of the/city region access to economic opportunity. It is essential that the City assumes full responsibility for all aspects of public transport in the medium term, because fragmented authority leads to a fragmented system.
At the same time, we will continue to work with Metrorail, currently a national competency, to ensure that our rail system adds capacity and provides commuters with a satisfactory experience. We are engaging National Treasury about devolving the Metrorail subsidy directly to cities so that they can set performance standards, codified in performance agreements as a condition for earning the subsidy.
Speaker, the choice for growth and jobs means leveraging our existing assets as a platform for new growth. Our government sits on under-performing assets that should be available for development, attracting new investment, encouraging new businesses, creating new jobs, providing opportunities for well-located housing and generating an income stream to cross-subsidise projects for the poor.
And so, under the leadership of Ministers Alan Winde and Robin Carlisle, regenerating the city, in partnership with the private sector, will be a major focus for us in years ahead. The first phase of the "regeneration project" is almost ready to launch and we will be making a detailed announcement in the near future.
Speaker, the announcement of the sale of the Waterfront this week reflects the confidence that investors have in the future of the province.
Sold for R7 billion four years ago, it changed hands for R10 billion in a deal concluded late last year. In a global property slump this must be the highest return on a property investment anywhere in the world. Such confidence is the basis of future growth that benefits everyone.
The South African consortium who now own it has committed itself to investing a further R4 billion to redevelop parts of the Waterfront. We will liaise with these investors to ensure alignment with our own regeneration plans to maximise efficiency, growth and jobs.
Speaker, I spoke earlier about moving from a red tape to a red carpet environment for people trying to grow our economy. I should make clear that we believe in appropriate regulation to ensure competition and promote sustainability. But we cannot make it so difficult to do business in South Africa that investors prefer to take their skills and capital elsewhere. We have to achieve the right balance.
In some places, like New Zealand, it takes just 24 hours to register a business online. In Rwanda, it takes 72 hours. In South Africa, it takes 22 days, if you are lucky. I know of cases where it has taken years.
That is why Minister Winde will personally and anonymously track six applications for new businesses in the months ahead, step-by-step, to establish if and where blockages occur and whether the Provincial Government has the constitutional power to remove them.
Meanwhile, Minister Bredell's team in the Department of Environmental Affairs and Planning is in the process of synthesising the many planning laws and regulations into one overarching piece of legislation. We hope to get to a point where planning processes are quick, simple and frustration-free.
We are also in the process of establishing a unit in the Department of Economic Development and Tourism dedicated to identifying opportunities to cut red-tape. We will engage the City of Cape Town and other governments on establishing an intergovernmental team to cut back red tape. We hope to get together an external team from the private sector to critique our efforts and identify bottle-necks that we have failed to open up, because they know better than us what the frustrations are.
But the Province cannot cut out red tape alone. That is why I gave President Zuma a 70-page list of national laws and regulations that hamper service delivery. I was gratified that he gave it prominence at a meeting of the President's Co-ordinating Council and directed the Minister of Co-operative Governance to investigate each one, and amend legislation where appropriate. The Western Cape is assisting with this process. It is, in itself, bound up in red tape, and will take years. But we have to make a start.
I wish to emphasise again that we recognise that if growth is not environmentally sustainable, it will come to a halt once our natural resources are depleted. This is why we are paying special attention to the green economy - particularly renewable energy, water management, pollution reduction and nature conservation.
Our Green Cape initiative launched last year is a think-tank involving the province's brightest green thinkers. Its aim is to turn us into strong international competitors for the tens of billions of rands that will be spent in the renewable energy sector and to facilitate the move to a low carbon economy. The green economy has the potential to create many thousands of jobs.
Speaker, successful regional economies all have a strong brand that captures the unique characteristics and competitive advantages the region has to offer. If we are going to succeed in bringing investment and jobs to the Western Cape, we will have to market ourselves smartly. For this reason, we are undertaking a process involving all stakeholders designed to position us attractively in the world economy. We are calling this initiative Future Cape.
At the same time, we are currently planning the establishment of a Western Cape Economic Development Agency. The Cape Town Partnership, under the stewardship of Andrew Boraine, has graciously agreed to consult with a variety of stakeholders and role players before presenting us with a plan for the new Agency. He will do so by the end of June. Provided all the relevant processes are properly completed in time, we hope to have the Agency up and running by the beginning of the 2012 financial year.
Speaker, we understand that a growth agenda is not just an urban agenda. Minister Gerrit van Rensburg and the Department of Agriculture have brought new focus to the task of assisting our agricultural sector to become more competitive. In particular, we wish to strengthen our research capability, already the best on this continent, and enhance our ability to help open foreign markets to our agricultural produce. Our recent engagement with Shandong Province in China is an example of this.
In addition, we successfully petitioned the national Minister to reintroduce the excellent share-equity based land reform schemes that were discontinued a year ago. The Minister agreed with our argument that they provide a sustainable way in which to implement land-reform and lifted the moratorium. Another way we are contributing to rural land reform is our project to provide fruit trees to emerging farmers, which has so far benefitted 3,070 people on 21 farms and creating over 200 jobs.
Speaker, last year, the World Economic Forum's Global Competitiveness Report concluded that the biggest constraint on South Africa's growth is the state of our education, health and criminal justice systems. We have to release this brake if we are to drive growth and deliver opportunities for all.
Our economy would grow much faster if we had more skilled people. And far more people would get jobs if they had the right skills. This is why we are establishing the Provincial Skills Development Forum in which, through partnerships with other actors in the field, we will design and align skills development programmes to meet the demands of our growing economy.
But the foundation of any skills development programme must be our school system, where every child must learn how to read, write and calculate. It was gratifying to hear President Zuma mention the three Ts - time, teachers and texts - in his State of the Nation Address last week. This was my mantra when I was MEC here, ten years ago. We have now added two more T's - technology and testing, which are both vital in a modern education system. It is a great achievement that 1,222 schools in the province have been provided with internet-linked computer centres through the Khanya project, started by the DA provincial government in 2000. There are 245 schools left to go, and they will be wired by the first half of next year. This is the largest technology roll-out of its kind in Africa.
Minister Donald Grant is well aware that turning the education system around starts with dedicated and competent teachers and principals. For them, teaching is a vocation, not a vacation. They are in the classroom every day, present, punctual and prepared. Apart from a parent, it is a teacher that most shapes the lives of a child, for better or for worse. The thousands of dedicated and committed teachers are the real architects of opportunity in the new South Africa. I am delighted to see many more bright young people choosing careers in education. There is no greater contribution you can make to your country's future.
It is time to stop finding every possible excuse for failure and start rewarding effort and outcomes in education. Last year, this House adopted the Western Cape Provincial School Education Amendment Act. Now, for the first time, principals and deputy-principals can be held accountable for their schools' results. Those that underperform will receive intensive support, including compulsory training for teachers and principals.
Schools that consistently underperform despite this will face a range of interventions including, if necessary, being re-constituted with a new governing body, a new principal and new teaching staff. These are the kind of tough choices a government needs to make when it makes a priority of jobs and growth.
This tough love approach is beginning to bear fruit. Last year - our first full year in office - the matric pass rate increased for the first time in six years. More importantly, the number of candidates who passed also increased. It is no good improving your percentage pass rate every year if there are fewer and fewer learners progressing through the system. There is no point in fooling ourselves. The key measure of the success of an education system is whether there is universal access in grade one and whether we can keep learners in the system for as long as they can benefit from education and exit at the right point -- literate, numerate, skilled, socialised and employable.
Expanding access to quality schools means investing in school infrastructure. Ten schools are in various stages of construction, with a further 15 schools in the planning phase. The location of each has been carefully planned to secure opportunities for all.
Last month, for example, we opened the Claremont High School - the third Science, Technology, Engineering and Mathematics or STEM centre in our province, a concept started with great effect when the DA was in power briefly a decade ago. These schools seek out learners from diverse backgrounds that have shown an aptitude for science and maths, but who do not have the opportunities that Asavela Rawe had where they are. In a STEM school these young people are guaranteed the foundation they need to become the engineers, scientists, doctors and actuaries of the future.
This year, for the first time ever, anywhere in the country, every child in grades 2-7 will have access to their own maths textbook. We are also the only province to provide reading books for grades 1-6 in the 258 primary schools that serve our poorest communities. Last year, we increased the budget for text books by R101 million. Our goal, in the coming years, is to ensure that every learner has a text book for every subject in every grade. And we are watching technological innovations with great interest. We look forward to the day when learners will be able to download all the necessary textbooks and study material onto affordable mobile devices.
Speaker, poor health, like a poor education, robs people of opportunity. Decent healthcare should not be the preserve of those with medical aids in private hospitals. Our goal is to deliver an excellent, value-for-money public healthcare system that prevents, treats and manages disease.
But we need to start with the main causes of ill-health in the province. We spend 80% of our health budget on treating conditions that could be prevented if people made different choices about their lives.
That is why our wellness agenda focuses so heavily on the "downstream" causes of the burden of disease. These include the spread of HIV and TB, domestic violence and road accidents, often fueled by alcohol abuse, as well as "lifestyle" diseases caused by smoking, a lack of exercise and poor eating habits.
Minister Botha and the Department of Health will lead a transversal programme, in which every department will be involved, to tackle each of these drivers of disease head-on.
Already, our 'Safely Home' campaign has increased the number of roadblocks to stop people driving under the influence of drugs and alcohol. We have also opened another Safely Home Anti-Drunk Driving Operations War Room (or SHADOW centre) in George, to test blood alcohol levels, with a third due to be opened in Worcester soon. Since we started 'naming and shaming' drunk drivers, traffic authorities have reported a decline in drunk driving arrests, despite the increased levels of policing.
And from May last year we began implementing a comprehensive strategy to address drug and alcohol abuse. In addition to reducing drunk driving incidents, we have succeeded in our partnership with the SAPS, in seizing illegal drugs transported on our roads. We have also increased access to treatment for harmful drug and alcohol use. We have opened two new drug treatment centres (one for youth) and a new school-based outpatient treatment programme in the eastern Metropole. And we have extended the availability of subsidised treatment services to nearly every corner of this province. We have increased the number of centres and programmes that we subsidise to provide free treatment to the public from 6 (mostly metro-based) in 2009 to 24 this year, reaching from the Eden District to the West Coast. As a result, the number of patients receiving treatment this year has increased by 25% from last year (from 3700 to 4400). We have also introduced drug testing into all treatment programmes to measure patient progress, and ensured, for the first time, that aftercare and follow-up services are available to everyone who receives subsidised treatment.
Given the scale of the challenge we face, we need to do much more, particularly for our youth. The sooner that drug and alcohol misuse are detected and appropriately addressed, the better our chances of preventing tragic consequences for everyone concerned. We are therefore restructuring the department of social development's services to align with our 49 education circuits in order to improve the availability of these services to schools. This coincides with our introduction of drug testing in schools, and a new partnership between Social Development and Education to mainstream drug and alcohol education programmes into Life Orientation for all learners in the province. As in many of our areas of service delivery, a major challenge to the expansion of our services in the field of drug treatment and interventions is a shortage of suitably qualified and skilled professionals. For this reason, we have forged a partnership with the Cape Higher Education Consortium and introduced undergraduate and postgraduate courses (and bursaries) to train professionals with expertise in drug and alcohol treatment at three universities. This partnership underlines just how valuable the Western Cape's quality higher education institutions are to the citizens and economy of this region.
Speaker, the fight against HIV/Aids continues. We have reduced the incidence of mother to child transmission to 3% -- the lowest in the country. Between March and December last year, we doubled the number of antiretroviral access points from 81 to 162. In the last year, we have increased the number of people receiving ARVs by 24,000 to just over 92,000. By the end of this financial year, we will have distributed 75 million condoms. In the second half of last year we have tested and counseled over half a million people.
But for all this, South Africa is still in denial about AIDS. Over the years, various campaigns have urged us to "talk about it". Talk about what We mostly talk about the wrong things, because it is too difficult to get to the point. The most important book I read during the recess was Helen Epstein's The Invisible Cure. In it she demonstrates, scientifically, why multiple concurrent sexual partners are the real drivers of the AIDS pandemic. We must, of course, make treatment available, and the Western Cape pioneered this under a DA government ten years ago. We will continue to lead from the front. But we still have a long way to go as far as prevention is concerned. If we can prevent preventable diseases there will be so much more to spend on helping those with unavoidable afflictions and disabilities. People living with these conditions also deserve a better life. It is heartbreaking to read of a father who has to risk his life by rowing a boat around the coast from Port Elizabeth to Cape Town to raise money for the treatment his blind child needs so she can distinguish light from darkness?
Speaker, we must also make public health care more accessible.
This year we will complete the Khayelitsha hospital, with the Mitchells Plain hospital due for completion in 2012. New clinics will be built in Kwanokuthula, Malmesbury and Grassy Park. We want to get to a point, eventually, where every person in this province lives in the broad vicinity of a hospital or clinic. And we want to reach the point at which every person has access to chronic medication, even if they are house-bound. A new five year tender will be awarded soon to extend the Chronic Dispensing Unit's service in urban and rural areas, and to investigate the feasibility of home delivery.
Increasing access to medication and healthcare facilities is crucial. But we also need to improve the treatment people receive once they are there. Last year, we established an Independent Complaints Commission to investigate complaints of poor quality care at our health facilities. This is a start. But we aim to do more to improve the quality of care. In the second half of this year, we will launch our '2020 vision for healthcare' with a focus on the patient experience at its very heart.
A very serious impediment to growth is crime, especially violent crime. Not only does it deter investment and cost jobs, but it violates peoples' right to live without fear. We have to do what we can, within our limited resources and constitutional mandate, to increase the safety of the citizens of this province.
Under the leadership of Minister Albert Fritz, we will continue to exercise oversight over the South African Police Force as we are mandated to do. And we will do it constructively, with the intention of improving the work of the police and increase the safety of our citizens. This year we hope to finalise provincial draft legislation that will formalise roles and responsibilities when it comes to oversight of the police. We are finalising the necessary amendments to the Provincial Traffic Act to provide for regulations to restrict the use of blue lights on our roads to on-duty police vehicles, operating in an emergency.
But, if we are to increase safety in the Western Cape, we have to go beyond oversight. To paraphrase a former British Prime Minister, it is not enough to be tough on crime. We have got to be tough on the causes of crime. In the coming years, using a 'whole-of-society' approach, we aim to remove opportunities for people to commit crime, create disincentives for criminals to re-offend and remove the longer-term drivers of crime. Our Department of Community Safety, in partnership with some of the province's top crime experts, is in the process of compiling a detailed plan to achieve these goals.
Speaker, today I have made the case for a jobs and growth agenda. It involves creating opportunities for all, and using those opportunities, to overcome the legacy of our past. This is a redress strategy that works. It is the opposite of manipulating outcomes to benefit your political cronies.
Building an opportunity society involves everyone. It takes time to establish this culture and for its various components to begin working in harmony with one another. But when this happens, we will reach a tipping point - the point at which there is sufficient momentum for significant and sustained social change. Our goal is to reach that point within a generation.
As we approach this goal, we must continue to cushion the effects of extreme poverty. That is why we are redoubling our efforts to increase access to housing and basic services. It is why we support social grants to alleviate poverty. And it is why we are working on a plan to develop socially cohesive communities.
Social cohesion is measured by the extent to which people live together harmoniously, feel a sense of belonging, and participate in the civic and social life of their communities. It is an integral component of the opportunity society we are building. When individuals feel empowered, families are functional and communities are connected, there is less crime, substance abuse, child abuse, unemployment and, ultimately, less poverty.
How do we begin repairing our threadbare social fabric?
This is a question we began grappling with as part of our policy-making process. We don't have all the answers yet. And if we get all the other aspects of our plan right, they will serve as a catalyst for cohesion.
In the meantime, we have started a number of initiatives to address social dysfunction.
For example, Minister Ivan Meyer is harnessing the power of sport to get kids off the streets and out of the clutches of the drug dealers. Last year, we established 98 Mass Participation and Opportunity Development Centres or MOD centres, where young people have access to sporting facilities and skills development programmes under the guidance of qualified coaches. Fifty more are due for completion this year. Children who demonstrate exceptional talent at the MOD centres will be given the opportunity to attend our SHARP centres where they will receive advanced training in their sporting code. They will become the role models that others aspire to be.
A good role model, particularly a functional father figure, is often the difference between success and failure in a child's life. Fathers who do not take responsibility for their children perpetuate dysfunctional families. We must break this cycle. Making a baby requires a man to take the responsibilities of fatherhood. Last year, we started a campaign to raise awareness around maintenance defaulters and to track down men who refused to pay what they owe for their children. In a two week period, we found 71 defaulters resulting in 59 arrests. We traced 210 women who had not collected maintenance money that was owed to them, but incredibly, less than a third of them actually went to the Department of Justice to collect their money. It shows that the state can only do so much. At some point personal responsibility has to kick in.
That is also the purpose of a social grant. It should not entrench and perpetuate dependency. It should offer a stepping stone out of extreme poverty. This is what President Zuma meant when he said grants are not intended to turn South Africa into a welfare state. We agree.
That is why, under Minister Patricia de Lille, we have started a programme to link people on the social grants register with suitable employment opportunities. The Expanded Public Works Programme will also play its part to provide people with a temporary income and work experience.
Another crucial component of our poverty alleviation programme is the school nutrition scheme which was last year expanded to include an additional 14,000 learners. Altogether 350,000 learners receive food each day at 998 schools across the province.
Speaker, expanding access to well-located housing is crucial if people are to seize opportunities and not get left behind. It is one of the great challenges we face in this province.
The more our economy grows, and the more people get jobs, the more they can afford to pay something for their accommodation. This will make it feasible to offer a variety of housing options, and move away from the conventional model of an RDP house on a single plot which drives urban sprawl and entrenches apartheid's legacy.
Minister Bonginkosi Madikizela is driving a variety of interventions, from formalising backyard shacks, to upgrading existing informal settlements, to providing affordable housing through market mechanisms and densifying existing suburbs. We need much more land for this purpose. The bulk infrastructure alone will cost billions. And we have to move away from the model which assumes, from generation to generation, that everyone is owed a house by the state.
Upgrading informal settlements must be a partnership. And, as we have learnt, it usually generates conflict around a myriad issues, between various community factions. This is rich terrain for opportunists of various kinds to promote their own interests and agendas. It usually results in long delivery delays. We must understand that development includes conflict and proceed nonetheless.
That is why it is good to be able to announce that we will be turning the first sod for the upgrading of the Joe Slovo informal settlement in Langa later this month. It will enable us to partner that community in an incremental upgrade on their current well-located land. New greenfields projects, such as Pelican Park, are making good progress for people who have waited decades on the housing database.
But accommodating people is not possible without access to basic services. This is the job of local government. Our role, under Minister Anton Bredell, is to provide oversight and support to municipalities. I would like to congratulate the local authorities across the Western Cape which was last year ranked number one out of all nine provinces for service delivery in the Universal Household Access to Basic Services or UHABS Index. And particularly for providing, according to an independent survey of the South African Institute of Race Relations, greater access for the poor to free basic services like water, sanitation and waste removal than anywhere else. We must build on these achievements and increase the provision of services still further.
We are expanding the reach of Thusong Centres to give the poor a one-stop shop for government services. In one centre people can pay their municipal accounts, or apply for an ID or social grant, or be trained in starting their own business. Two more Thusong Centres were opened last year in Hawston and Oudtshoorn. Three more will soon be launched in Ceres, Murraysburg and Bitterfontein. Next year two more will be built in Prince Albert and Robertson, and another is in the pipeline for Mossel Bay. We have also introduced a mobile Thusong service to reach more remote rural areas of our province, and will double this service next year.
Speaker we have come a fair way but there is a long distance still to travel and enormous obstacles ahead. As former President Mandela famously said: whenever you cross one hill, there is another mountain to climb.
It is a big step forward that all spheres of government, and all parties, agree that job creating economic growth must be our top priority. At the recent Cabinet Lekgotla I read the framework of the national plan that will be finalised towards the end of this year. I am pleased to say that there is alignment between the emerging national framework and the plan we table here today.
At the Lekgotla, I had the occasion to talk to President Zuma about the future. I asked him to see the Western Cape as an opportunity for South Africa's democracy, not as a threat. The architects of our Constitution, in their wisdom, enabled us to disperse power between different parties across provinces if that is the choice of the voters. This gives us a wonderful opportunity to test alternative policy options and measure their outcomes towards our shared goals of growing opportunity and prosperity for all. I said that we would use the full extent of our constitutional powers in the Western Cape to implement our mandate in the interests of our country as a whole.
With his inimitable charm, he agreed. We intend to take him at his word.
By "we", I refer to the exceptional team that has forged a strong bond during our first 18 months in government. It is impossible to name them all. I cannot do justice to the debt of gratitude I owe the Director General, Brent Gerber and Ryan Coetzee, my special adviser, for leading the policy development process in this province. They, all the Heads of Department, and their staff, have given our vision form and content, provided the road-map, systems and structures to translate good ideas into real results. My office, so ably led by Lorika Elliot, and my private secretary Donnae Strydom who is faithfully at her desk at 05h30 am each morning to manage my life, often well into the night. You, and the rest of the team, have become so much more than colleagues.
And finally, my husband, Johann, Words cannot do justice to him, nor do I need to wear my heart on my sleeve. He knows what he means to me.
Everything we do in the years ahead will extend opportunities for our poorest citizens to escape the poverty vortex. We have the mandate, we have the people and we have a plan.
We can make real the South African dream.
Nkosi Sikelel' iAfrika. God seen Afrika. God bless you all.
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"The project is one of the many activities undertaken by the department to highlight issues of housing delivery in this country. We are happy that our partners in the private sector have responded by giving a range of items that we required to fulfil the objectives of helping these kids," said Ndivhuwo Mabaya, Head of Media Services at the national Department of Housing.
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Citizens and businesses need information from government. The Cape Gateway is a single point of access to facts on government services, projects and publications.
In the first phase of the project, the focus will be on IT cluster marketing, building networks and on influencing IT policy.
This is a technology infrastructure project exploring the feasibility of adopting a peering network similar to the Malaysian Multimedia Corridor model.
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Retinopathy of Prematurity (ROP) is a disease that affects the eyes of premature babies. Abnormal vessels grow in the retina and can cause the retina to detach causing blindness. If the babies at risk are screened for the condition and treated promptly, permanent visual impairment can be prevented. Now, with the arrival of a RETCAM, Tygerberg Hospital will increase the standard of care for hundreds of babies.
With the RETCAM, a digital image is obtained of the retina without needing to restrain the baby for longer than a few seconds. Digital images of the retina may be reviewed & analysed at leisure and may be used for e-transmission for second opinions. ROP entails complex judgments & ambiguities and digital record of the image of the retina allows for better judgment and management of the condition.
Western Cape Minister of Health, Theuns Botha, commented: "In this province we are truly proud of the technological advances we have made and this procedure is once again a demonstration thereof. I want to use this opportunity to congratulate all the medical staff involved in this process for their dedication to this cause."
The Neonatal division at the Tygerberg Children's hospital (TBCH) serves a drainage area with an annual birth rate of 60 000. Currently at the hospital, one Pediatric Ophthalmologist has to examine approximately 520 babies per annum by using an indirect ophthalmoscope. This examination can take about 5-10 minutes per baby. Because of this process only 50% of high-risk population is screened.
The risk group for developing ROP is a baby of a weight below 1500g and the highest at risk group are those babies with a weight below 1000g. They comprise 1.2 % of the births and the survivors in this weight category form the highest risk group for ROP.
ROP develops in one in 13 of these babies and therefore approximately 20 high-risk babies per annum lose out on being screened and go on to suffer from significant visual disability or blindness.
In addition to eliminating multiple examinations on fragile premature babies, the RETCAM may also be used in the diagnosis, management and documentation of Retinoblastoma (retinal tumor of childhood) infections of the retina, and the retinal haemorrhages seen in non-accidental injuries (shaken baby syndrome).
Issued by the Directorate: Communications for the Western Cape Department of Health.
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The coming local government elections offer us an opportunity to not only choose our leaders, but perhaps most importantly, to define our own destiny. The coming local government elections of the 18th May 2011 offer us a unique opportunity to take the future into our hands and create the change we want to see in our lives, in our communities.
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Workers may take maternity leave 1 month before their due date, or earlier or later as agreed or required for health reasons. Workers may not go back to work within 6 weeks after the birth unless their doctor or midwife says it is safe.
An employee who bears a still-born child may remain on maternity leave for six weeks after the still birth or a longer period if a medical practitioner states that it is necessary for her health and safety.
Maternity leave may be paid or unpaid. If the employee has been contributing to the Unemployment Fund, she will be able to claim benefits during the period that she is on maternity leave. An employer may appoint a temporary employee to perform the duties of the employee while she is on maternity leave.
If you are planning to take maternity or paternity leave, you should inform your employer of the expected date of the arrival of your child. Employees on maternity leave also need to inform their employers in writing of when they expect to return to work.
A pregnant or nursing worker may not do work that is unsafe for her or her child.
Where can I find more information?
30 to 16:00, Monday to Friday.
Source: www.labour.gov.
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This report examines the impact of rising fuel costs and interest rates on the South African and Limpopo economy (focusing more particularly on Capricorn District Municipality and Mopani District Municipality) in particular. It focuses on the macroeconomic effects, direct effects on the transport sector and impacts on households. The report concludes with a discussion of possible policy responses to issues raised in the analysis of impacts.
Increases in both the costs of fuel and interest rates have always created widespread concerns about its impact on economic growth, transport sector and on poor people. In 2008 South Africans experienced substantial high prices for both diesel and petrol. This was as a result of the higher prices of crude oil whereby in the middle of 2008 oil prices struck an all time record of US$144/barrel. During this period the price of petrol was R10.57 whereas the price of diesel was R11.43. Also during this period interest rates were very high, with the repo rates at 12.00% and prime lending rates at 15.80%. This increases coupled with the fuel prices meant that there was a big shift in the vehicle operating costs of public passenger transport which in certain instances led to the increases in fares. The scope of work covered the whole area of jurisdiction of the Capricorn and Mopani District Municipalities. Download the Final Report.
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Without sport, an education is incomplete, a life is unbalanced and a body is not challenged.
Sport is most often directed by the climate of a country, and the African continent typically enjoys a tropical climate. As a result, the sports played in Africa most often take place under the hot summer sun or cool winter showers. Cricket, rugby and soccer have come to dominate our TV screens and our attention. Instead of snowboarding, we have sand boarding, instead of skiing down the Swiss Alps, we have water skiing at Theewaterskloof Dam. Ice hockey, however, despite the lack of natural landscapes to support it, has grown in South Africa from a recreational pastime to a professionally organised sport. Indoor facilities provide the necessary environment, the players show extreme passion and, as will be seen over the next few days, the spectators grow year by year.
The Western Cape Provincial Government promotes talent development in all sports, and focuses specifically on our youth to grow talent. The passion shown for the growing sport of ice hockey in South Africa is commendable and needs to be met with support. As a result, the 2011 World Ice Hockey Championships, Division 3, will be taking place not only in the beautiful country that is South Africa, but in the jewel of its crown, the Western Cape!
I look forward to seeing what our teams have to offer and wish all participating countries, South Africa, Luxemborg, Israel, Greece, Turkey and Mongolia, the very best at this tournament.
<fn>GOV-ZA.2159En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.215allsystemsinplaceforasuccessfullocalgoverntelectiononwednesday18thEn.2012-02-10.en.txt</fn>
2011/07/14 class="MsoNormal">The Minister of Trade and Industry, Dr Rob Davies and Deputy Ministers Ms Elizabeth Thabethe and Ms Thandi Tobias-Pokolo will on Monday, 18 July 2011 heed the national call to help change the world for the better in celebration of the Nelson Mandela Day, by leading teams of the department officials to KwaZulu-Natal, Northwest and Gauteng where they will be dedicating 67 minutes of their time to various noble causes.
<fn>GOV-ZA.215lgindabacommissionpretationsEn.2012-02-10.en.txt</fn>
null;} var range=selection.createRange(); if (range==null) {return null;} if (selection.type.toLowerCase()=="control") { if (range.length !=1) {return null;} return range.item(0); } else { var elemParent=range.parentElement(); if (elemParent !=null) { var editorDocument=RTE_GetEditorDocument(strBaseElementID); if (editorDocument.body.contains(elemParent)) { return elemParent; } } } return null; } function RTE_IsElementSelected(strBaseElementID, strTagName) { var currentElement=RTE_GetCurrentElement(strBaseElementID); if (currentElement !=null) { if (currentElement.tagName==strTagName) { return true; } } return false; } function RTE_GetNearestContainingParentElementOfType(strBaseElementID, elem, strTagName) { return RTE_GetNearestContainingParentElementOfTypes(strBaseElementID, elem, new Array(strTagName)) } function RTE_GetNearestContainingParentElementOfTypes(strBaseElementID, elem, aTagNames) { var aTagNames_length=aTagNames.length; if (elem==null) return null; for (var i=0; i<aTagNames_length; i++) { if (elem.tagName==aTagNames[i]) { return elem; } } var elemParent=elem.parentElement; while (elemParent !=null) { if (elemParent.id==strBaseElementID) { return null; } for (var i=0; i<aTagNames_length; i++) { if (elemParent.tagName==aTagNames[i]) { return elemParent; } } elemParent=elemParent.parentElement; } return null; } function RTE_GetNearestContainingElementOfType(strBaseElementID, strTagName) { var elem=RTE_GetCurrentElement(strBaseElementID); return RTE_GetNearestContainingParentElementOfType(strBaseElementID, elem, strTagName); } function RTE_GetNearestContainingElementOfTypes(strBaseElementID, aTagNames) { var elem=RTE_GetCurrentElement(strBaseElementID); return RTE_GetNearestContainingParentElementOfTypes(strBaseElementID, elem, aTagNames); } function RTE_GetContainedElements(strBaseElementID) { var containedElements=new Array(); var selection=RTE_GetCurrentSelection(strBaseElementID); if (selection !=null && selection.type.
RTE_IsElementSelected(strBaseElementID, strTagName) { var currentElement=RTE_GetCurrentElement(strBaseElementID); if (currentElement !=null) { if (currentElement.tagName==strTagName) { return true; } } return false; } function RTE_GetNearestContainingParentElementOfType(strBaseElementID, elem, strTagName) { return RTE_GetNearestContainingParentElementOfTypes(strBaseElementID, elem, new Array(strTagName)) } function RTE_GetNearestContainingParentElementOfTypes(strBaseElementID, elem, aTagNames) { var aTagNames_length=aTagNames.length; if (elem==null) return null; for (var i=0; i<aTagNames_length; i++) { if (elem.tagName==aTagNames[i]) { return elem; } } var elemParent=elem.parentElement; while (elemParent !=null) { if (elemParent.id==strBaseElementID) { return null; } for (var i=0; i<aTagNames_length; i++) { if (elemParent.tagName==aTagNames[i]) { return elemParent; } } elemParent=elemParent.parentElement; } return null; } function RTE_GetNearestContainingElementOfType(strBaseElementID, strTagName) { var elem=RTE_GetCurrentElement(strBaseElementID); return RTE_GetNearestContainingParentElementOfType(strBaseElementID, elem, strTagName); } function RTE_GetNearestContainingElementOfTypes(strBaseElementID, aTagNames) { var elem=RTE_GetCurrentElement(strBaseElementID); return RTE_GetNearestContainingParentElementOfTypes(strBaseElementID, elem, aTagNames); } function RTE_GetContainedElements(strBaseElementID) { var containedElements=new Array(); var selection=RTE_GetCurrentSelection(strBaseElementID); if (selection !=null && selection.type.toLowerCase()=="control") { var elemParent=RTE_GetCurrentElement(strBaseElementID); var elemParentAll=elemParent.all; for (var i=0; i<elemParentAll.length; i++) { containedElements[containedElements.length]=elemParentAll(i); } containedElements[containedElements.length]=elemParent; } else { var rngSelection=RTE_GetCurrentSelectionRange(strBaseElementID); if (rngSelection !=null) { var elemParent=RTE_GetOutermostSelectionElement(strBaseElementID); if (elemParent !=null) { var elemParentAll=elemParent.all; if (rngSelection.text==elemParent.outerText) { for (var i=0; i<elemParentAll.length; i++) { containedElements[containedElements.length]=elemParentAll(i); } containedElements[containedElements.length]=elemParent; } else { var rngContainedElement=rngSelection.duplicate(); for (var i=0; i<elemParentAll.length; i++) { rngContainedElement.moveToElementText(elemParentAll(i)); if (rngSelection.inRange(rngContainedElement)) { containedElements[containedElements.length]=elemParentAll(i); } } } } } } return containedElements; } function RTE_GetOutermostSelectionElement(strBaseElementID) { var elemParent=null; var selection=RTE_GetCurrentSelection(strBaseElementID); if (selection !=null && selection.type.toLowerCase()=="control") { elemParent=RTE_GetCurrentElement(strBaseElementID); containedElements=elemParent.all; containedElements[containedElements.length]=elemParent; } else { var rngSelection=RTE_GetCurrentSelectionRange(strBaseElementID); if (rngSelection !=null) { var elemParent=RTE_GetInnerMostContainingElement(rngSelection); if (elemParent !=null) { var elemFullyContainedParent=null; while (elemParent !=null && elemParent.tagName !="BODY" && rngSelection.text==elemParent.outerText) { elemFullyContainedParent=elemParent; elemParent=elemParent.parentElement; } if (elemFullyContainedParent !=null) { elemParent=elemFullyContainedParent; } } } } return elemParent; } function RTE_GetInnerMostContainingElement(range) { var element=RTE_GetContainingParent(range); if (element !=null) { var rangeElement=range.duplicate(); var elementFound=false; while (!elementFound) { var containingChildFound=false; var elementChildren=element.children; for (var i=0; i<elementChildren.length; i++) { rangeElement.moveToElementText(elementChildren[i]); if (rangeElement.
(!containingChildFound) { elementFound=true; } } } return element; } function RTE_GetContainingParent(range) { var element=range.parentElement(); if (element !=null) { var rangeElement=range.duplicate(); rangeElement.moveToElementText(element); while (element !=null && element.tagName !="BODY" && !rangeElement.inRange(range)) { element=element.parentElement; rangeElement.moveToElementText(element); } } return element; } function RTE_GetSelectedCells(strBaseElementID) { var selectedCells=new Array(); if (RTE_IsElementSelected(strBaseElementID, "TR")) { var elemRowCurrent=RTE_GetCurrentElement(strBaseElementID); if (elemRowCurrent !=null) { var rngSelection=RTE_GetCurrentSelectionRange(strBaseElementID); var rngContainedElement=rngSelection.duplicate(); for (var i=0; i<elemRowCurrent.cells.length; i++) { rngContainedElement.moveToElementText(elemRowCurrent.cells(i)); if (rngSelection.inRange(rngContainedElement)) { selectedCells[selectedCells.length]=elemRowCurrent.cells(i); } else if ((rngSelection.compareEndPoints("StartToStart", rngContainedElement)==1) && (rngSelection.compareEndPoints("StartToEnd", rngContainedElement)==-1)) { selectedCells[selectedCells.length]=elemRowCurrent.cells(i); } else if ((rngSelection.compareEndPoints("EndToStart", rngContainedElement)==1) && (rngSelection.compareEndPoints("EndToEnd", rngContainedElement)==-1)) { selectedCells[selectedCells.length]=elemRowCurrent.cells(i); } } } } return selectedCells; } function RTE_InsertCellLeft(strBaseElementID) { var instanceVariables=RTE_GetEditorInstanceVariables(strBaseElementID); if (instanceVariables !=null && instanceVariables.overrides. InsertCellLeft !=null) { return instanceVariables.overrides. InsertCellLeft(strBaseElementID); } if (RTE_GetDirectionOfSelection(strBaseElementID)=="rtl") { RTE_InsertCellBase(strBaseElementID, "afterEnd"); } else { RTE_InsertCellBase(strBaseElementID, "beforeBegin"); } } function RTE_InsertCellRight(strBaseElementID) { var instanceVariables=RTE_GetEditorInstanceVariables(strBaseElementID); if (instanceVariables !=null && instanceVariables.overrides. InsertCellRight !=null) { return instanceVariables.overrides. InsertCellRight(strBaseElementID); } if (RTE_GetDirectionOfSelection(strBaseElementID)=="rtl") { RTE_InsertCellBase(strBaseElementID, "beforeBegin"); } else { RTE_InsertCellBase(strBaseElementID, "afterEnd"); } } function RTE_InsertCellBase(strBaseElementID, strWhere) { var elemCellCurrent=RTE_GetNearestContainingElementOfTypes(strBaseElementID, g_aTableCellTagNames); if (elemCellCurrent==null) { return; } var docEditor=RTE_GetEditorDocument(strBaseElementID); if (docEditor==null) { return; } var elemCellNew=docEditor.createElement(elemCellCurrent.tagName); if (elemCellNew==null) { return; } elemCellNew.mergeAttributes(elemCellCurrent, true); elemCellNew.runtimeStyle.cssText=elemCellCurrent.runtimeStyle.cssText; elemCellCurrent.insertAdjacentElement(strWhere, elemCellNew); var textRange=docEditor.body.createTextRange(); textRange.moveToElementText(elemCellNew); textRange.select(); var elemTableCurrent=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemCellCurrent, "TABLE"); if (elemTableCurrent) { RTE_ReapplyTableStyles(elemTableCurrent); } } function RTE_InsertRowAbove(strBaseElementID) { var instanceVariables=RTE_GetEditorInstanceVariables(strBaseElementID); if (instanceVariables !=null && instanceVariables.overrides. InsertRowAbove !=null) { return instanceVariables.overrides. InsertRowAbove(strBaseElementID); } RTE_InsertRowBase(strBaseElementID, "beforeBegin"); } function RTE_InsertRowBelow(strBaseElementID) { var instanceVariables=RTE_GetEditorInstanceVariables(strBaseElementID); if (instanceVariables !=null && instanceVariables.overrides. InsertRowBelow !=null) { return instanceVariables.overrides.
RTE_InsertColumnBase(strBaseElementID, "beforeBegin"); } else { return RTE_InsertColumnBase(strBaseElementID, "afterEnd"); } } function RTE_InsertColumnBase(strBaseElementID, strWhere) { var elemCellSelected=RTE_GetNearestContainingElementOfTypes(strBaseElementID, g_aTableCellTagNames); if (elemCellSelected==null) { return; } var elemTableSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemCellSelected, "TABLE"); if (elemTableSelected==null) { return false; } var docEditor=RTE_GetEditorDocument(strBaseElementID); if (docEditor==null) return; var colSpanIndex=0; var colSpanCount=0; var elemRowSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemCellSelected, "TR"); if (elemRowSelected !=null) { var elemRowSelectedCells=elemRowSelected.cells; var elemRowSelectedCellsLength=elemRowSelectedCells.length; for (var i=0; i<elemRowSelectedCellsLength; i++) { colSpanCount=elemRowSelectedCells[i].colSpan; if (elemRowSelectedCells[i]==elemCellSelected) { currentCellPosition=i; break; } colSpanIndex+=colSpanCount; } } var elemTableSelectedRows=elemTableSelected.rows; var elemTableSelectedRowsLength=elemTableSelectedRows.length; for (var i=0; i<elemTableSelectedRowsLength; i++) { var elemRow=elemTableSelectedRows[i]; if (elemRow !=null) { var currentColSpanIndex=0; var currentColSpanCount=0; var elemRowCells=elemRow.cells; var elemRowCellsLength=elemRowCells.length; for (var j=0; j colSpanIndex) { elemCell.colSpan++; break; } } else if (strWhere=="afterEnd") { if (currentColSpanIndex+currentColSpanCount==colSpanIndex+colSpanCount) { var elemCellNew=docEditor.createElement(elemCell.tagName); if (elemCellNew !=null) { elemCellNew.mergeAttributes(elemCell, true); elemCellNew.runtimeStyle.cssText=elemCell.runtimeStyle.cssText; elemCellNew.colSpan=1; elemCell.insertAdjacentElement(strWhere, elemCellNew); if (i==0) { var textRange=docEditor.body.createTextRange(); if (textRange !=null) { textRange.
textRange.select(); } } } break; } else if (currentColSpanIndex+currentColSpanCount > colSpanIndex+colSpanCount) { elemCell.colSpan++; break; } } currentColSpanIndex+=currentColSpanCount; } } } RTE_ReapplyTableStyles(elemTableSelected); } function RTE_DeleteColumn(strBaseElementID) { var elemCellSelected=RTE_GetNearestContainingElementOfTypes(strBaseElementID, g_aTableCellTagNames); if (elemCellSelected==null) { return; } var elemTableSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemCellSelected, "TABLE"); if (elemTableSelected==null) { return; } var elemCellSelectedIndex=elemCellSelected.cellIndex; var colSpanIndex=0; var colSpanCount=0; var elemRowSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemCellSelected, "TR"); if (elemRowSelected !=null) { var elemRowSelectedCells=elemRowSelected.cells; var elemRowSelectedCellsLength=elemRowSelectedCells.length; for (var i=0; i colSpanIndex) { elemCell.colSpan++; break; } } else if (strWhere=="afterEnd") { if (currentColSpanIndex+currentColSpanCount==colSpanIndex+colSpanCount) { var elemCellNew=docEditor.createElement(elemCell.tagName); if (elemCellNew !=null) { elemCellNew.mergeAttributes(elemCell, true); elemCellNew.runtimeStyle.cssText=elemCell.runtimeStyle.cssText; elemCellNew.colSpan=1; elemCell.insertAdjacentElement(strWhere, elemCellNew); if (i==0) { var textRange=docEditor.body.createTextRange(); if (textRange !=null) { textRange.moveToElementText(elemCellNew); textRange.select(); } } } break; } else if (currentColSpanIndex+currentColSpanCount > colSpanIndex+colSpanCount) { elemCell.colSpan++; break; } } currentColSpanIndex+=currentColSpanCount; } } } RTE_ReapplyTableStyles(elemTableSelected); } function RTE_DeleteColumn(strBaseElementID) { var elemCellSelected=RTE_GetNearestContainingElementOfTypes(strBaseElementID, g_aTableCellTagNames); if (elemCellSelected==null) { return; } var elemTableSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemCellSelected, "TABLE"); if (elemTableSelected==null) { return; } var elemCellSelectedIndex=elemCellSelected.cellIndex; var colSpanIndex=0; var colSpanCount=0; var elemRowSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemCellSelected, "TR"); if (elemRowSelected !=null) { var elemRowSelectedCells=elemRowSelected.cells; var elemRowSelectedCellsLength=elemRowSelectedCells.length; for (var i=0; i<elemRowSelectedCellsLength; i++) { colSpanCount=elemRowSelectedCells[i].colSpan; if (elemRowSelectedCells[i]==elemCellSelected) { currentCellPosition=i; break; } colSpanIndex+=colSpanCount; } } var elemTableSelectedRows=elemTableSelected.rows; var elemTableSelectedRowsLength=elemTableSelectedRows.length; for (var i=0; i colSpanIndex) { elemCell.colSpan++; break; } } else if (strWhere=="afterEnd") { if (currentColSpanIndex+currentColSpanCount==colSpanIndex+colSpanCount) { var elemCellNew=docEditor.createElement(elemCell.tagName); if (elemCellNew !=null) { elemCellNew.mergeAttributes(elemCell, true); elemCellNew.runtimeStyle.cssText=elemCell.runtimeStyle.cssText; elemCellNew.colSpan=1; elemCell.insertAdjacentElement(strWhere, elemCellNew); if (i==0) { var textRange=docEditor.body.createTextRange(); if (textRange !=null) { textRange.moveToElementText(elemCellNew); textRange.select(); } } } break; } else if (currentColSpanIndex+currentColSpanCount > colSpanIndex+colSpanCount) { elemCell.colSpan++; break; } } currentColSpanIndex+=currentColSpanCount; } } } RTE_ReapplyTableStyles(elemTableSelected); } function RTE_DeleteColumn(strBaseElementID) { var elemCellSelected=RTE_GetNearestContainingElementOfTypes(strBaseElementID, g_aTableCellTagNames); if (elemCellSelected==null) { return; } var elemTableSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemCellSelected, "TABLE"); if (elemTableSelected==null) { return; } var elemCellSelectedIndex=elemCellSelected.cellIndex; var colSpanIndex=0; var colSpanCount=0; var elemRowSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemCellSelected, "TR"); if (elemRowSelected !=null) { var elemRowSelectedCells=elemRowSelected.cells; var elemRowSelectedCellsLength=elemRowSelectedCells.length; for (var i=0; i<elemRowSelectedCellsLength; i++) { colSpanCount=elemRowSelectedCells[i].colSpan; if (elemRowSelectedCells[i]==elemCellSelected) { currentCellPosition=i; break; } colSpanIndex+=colSpanCount; } } var elemTableSelectedRows=elemTableSelected.rows; var elemTableSelectedRowsLength=elemTableSelectedRows.length; for (var i=0; i<elemTableSelectedRowsLength; i++) { var elemRow=elemTableSelectedRows[i]; if (elemRow !=null) { var currentColSpanIndex=0; var currentColSpanCount=0; var cellsToModify=new Array(); var elemRowCells=elemRow.cells; var elemRowCellsLength=elemRowCells.length; for (var j=0; j=colSpanIndex+colSpanCount) { for (var k=0; k=colSpanIndex+colSpanCount) { for (var k=0; k<cellsToModify.length; k++) { var cell=cellsToModify[k][0]; var decrement=cellsToModify[k][1]; if (decrement==cell.colSpan) { cell.removeNode(true); } else { cell.colSpan -=decrement; } } break; } var elemCell=elemRowCells[j]; currentColSpanCount=elemCell.colSpan; if (currentColSpanIndex+currentColSpanCount =colSpanIndex) && (currentColSpanIndex+currentColSpanCount =colSpanIndex) && (currentColSpanIndex+currentColSpanCount <=colSpanIndex+colSpanCount)) { colSpanDecrement=currentColSpanCount; } else if ((currentColSpanIndex =colSpanIndex+colSpanCount)) { colSpanDecrement=colSpanCount; } else if ((currentColSpanIndex =colSpanIndex+colSpanCount)) { colSpanDecrement=colSpanCount; } else if ((currentColSpanIndex <=colSpanIndex) && (currentColSpanIndex+currentColSpanCount colSpanIndex) && (currentColSpanIndex+currentColSpanCount > colSpanIndex+colSpanCount)) { colSpanDecrement=colSpanIndex+colSpanCount - currentColSpanIndex; } cellsToModify[cellsToModify.
elemCellSelected=RTE_GetNearestContainingElementOfTypes(strBaseElementID, g_aTableCellTagNames); if (elemCellSelected==null) { return; } var currentCellPosition=-1; var colSpanCount=0; var elemRowSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemCellSelected, "TR"); if (elemRowSelected !=null) { for (var i=0; i 1) { elemCellNew.colSpan=elemCellSelected.colSpan/2; elemCellSelected.colSpan -=elemCellNew.colSpan; } else { elemCellNew.colSpan=1; var elemTableSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemRowSelected, "TABLE"); for (var i=0; i 1) { elemCellNew.colSpan=elemCellSelected.colSpan/2; elemCellSelected.colSpan -=elemCellNew.colSpan; } else { elemCellNew.colSpan=1; var elemTableSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemRowSelected, "TABLE"); for (var i=0; i<elemTableSelected.rows.length; i++) { var currentColSpanCount=0; var elemRow=elemTableSelected.rows[i]; if (elemRow !=null && elemRow !=elemRowSelected) { for (var j=0; j=colSpanCount) { elemCell.colSpan++; break; } } } } } elemCellSelected.insertAdjacentElement("afterEnd", elemCellNew); var elemTableSelected=RTE_GetNearestContainingElementOfType(strBaseElementID, "TABLE"); if (elemTableSelected) { RTE_ReapplyTableStyles(elemTableSelected); } RTE_StartResetToolBarTimer(strBaseElementID); } } function RTE_MergeCells(strBaseElementID) { if (RTE_IsElementSelected(strBaseElementID, "TR")) { RTE_MergeSelected(strBaseElementID); } else { RTE_MergeWithDirection(strBaseElementID, "none"); } RTE_StartResetToolBarTimer(strBaseElementID); } function RTE_MergeSelected(strBaseElementID) { var elemRowSelected=RTE_GetCurrentElement(strBaseElementID); if (elemRowSelected.tagName !="TR") return; if (elemRowSelected !=null) { var selectedCells=RTE_GetSelectedCells(strBaseElementID); if (selectedCells.length > 1) { for (var i=1; i 0) { selectedCells[0].innerHTML+=" "; } selectedCells[0].innerHTML+=selectedCells[i].
selectedCells[0].colSpan+=selectedCells[i].colSpan; elemRowSelected.removeChild(selectedCells[i]); } var elemTableSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemRowSelected, "TABLE"); if (elemTableSelected) { RTE_ReapplyTableStyles(elemTableSelected); } if (RTE_GetCurrentElement(strBaseElementID) !=selectedCells[0]) { var editorDocument=RTE_GetEditorDocument(strBaseElementID); var textRange=editorDocument.body.createTextRange(); textRange.moveToElementText(selectedCells[0]); textRange.select(); } } } } function RTE_MergeWithRight(strBaseElementID) { RTE_MergeWithDirection(strBaseElementID, "right"); } function RTE_MergeWithLeft(strBaseElementID) { RTE_MergeWithDirection(strBaseElementID, "left"); } function RTE_MergeWithAbove(strBaseElementID) { RTE_MergeWithDirection(strBaseElementID, "above"); } function RTE_MergeWithBelow(strBaseElementID) { RTE_MergeWithDirection(strBaseElementID, "below"); } function RTE_MergeWithDirection(strBaseElementID, dir) { RTE_MergeSelected(strBaseElementID); var elemSelected=RTE_GetCurrentElement(strBaseElementID); if (elemSelected==null) return; var elemCellSelected=RTE_GetNearestContainingParentElementOfTypes(strBaseElementID, elemSelected, g_aTableCellTagNames); if (elemCellSelected==null) return; var elemRowSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemCellSelected, "TR"); if (elemRowSelected==null) return; var elemTable=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemRowSelected, "TABLE"); if (RTE_GetDirectionOfSelection(strBaseElementID)=="rtl") { if (dir=="right") { dir="left"; } else if (dir=="left") { dir="right"; } } switch(dir) { case "right": var mergeFromIndex=elemCellSelected.cellIndex; var rowCells=elemRowSelected.cells; if (mergeFromIndex+1 >=rowCells.length) return; if (rowCells[mergeFromIndex+1].rowSpan==rowCells[mergeFromIndex].
alert(L_InvalidMerge_TEXT); } break; case "left": var mergeFromIndex=elemCellSelected.cellIndex-1; var rowCells=elemRowSelected.cells; if (mergeFromIndex 0) { selectedCells[0].innerHTML+=" "; } selectedCells[0].innerHTML+=selectedCells[i].innerHTML; selectedCells[0].colSpan+=selectedCells[i].colSpan; elemRowSelected.removeChild(selectedCells[i]); } var elemTableSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemRowSelected, "TABLE"); if (elemTableSelected) { RTE_ReapplyTableStyles(elemTableSelected); } if (RTE_GetCurrentElement(strBaseElementID) !=selectedCells[0]) { var editorDocument=RTE_GetEditorDocument(strBaseElementID); var textRange=editorDocument.body.createTextRange(); textRange.moveToElementText(selectedCells[0]); textRange.select(); } } } } function RTE_MergeWithRight(strBaseElementID) { RTE_MergeWithDirection(strBaseElementID, "right"); } function RTE_MergeWithLeft(strBaseElementID) { RTE_MergeWithDirection(strBaseElementID, "left"); } function RTE_MergeWithAbove(strBaseElementID) { RTE_MergeWithDirection(strBaseElementID, "above"); } function RTE_MergeWithBelow(strBaseElementID) { RTE_MergeWithDirection(strBaseElementID, "below"); } function RTE_MergeWithDirection(strBaseElementID, dir) { RTE_MergeSelected(strBaseElementID); var elemSelected=RTE_GetCurrentElement(strBaseElementID); if (elemSelected==null) return; var elemCellSelected=RTE_GetNearestContainingParentElementOfTypes(strBaseElementID, elemSelected, g_aTableCellTagNames); if (elemCellSelected==null) return; var elemRowSelected=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemCellSelected, "TR"); if (elemRowSelected==null) return; var elemTable=RTE_GetNearestContainingParentElementOfType(strBaseElementID, elemRowSelected, "TABLE"); if (RTE_GetDirectionOfSelection(strBaseElementID)=="rtl") { if (dir=="right") { dir="left"; } else if (dir=="left") { dir="right"; } } switch(dir) { case "right": var mergeFromIndex=elemCellSelected.cellIndex; var rowCells=elemRowSelected.cells; if (mergeFromIndex+1 >=rowCells.length) return; if (rowCells[mergeFromIndex+1].rowSpan==rowCells[mergeFromIndex].rowSpan) { RTE_MergeHorizontal(strBaseElementID, elemRowSelected, mergeFromIndex); } else { alert(L_InvalidMerge_TEXT); } break; case "left": var mergeFromIndex=elemCellSelected.cellIndex-1; var rowCells=elemRowSelected.cells; if (mergeFromIndex < 0) return; if (rowCells[mergeFromIndex+1].rowSpan==rowCells[mergeFromIndex].rowSpan) { RTE_MergeHorizontal(strBaseElementID, elemRowSelected, mergeFromIndex); RTE_PutSelectionInCell(strBaseElementID, elemRowSelected.cells[mergeFromIndex]); } else { alert(L_InvalidMerge_TEXT); } break; case "above": if (elemTable==null) return; if (elemRowSelected.rowIndex==0) return; var rowBelow=elemRowSelected; var rowBelowCells=rowBelow.cells; var rowBelowCell=elemCellSelected; var spanGrid=RTE_GenerateSpanGridUpToTarget(elemTable, elemCellSelected); var rowBelowCellColSpanIndex=spanGrid.targetCellColSpanIndex; var spanGridAboveTarget=spanGrid.columns[rowBelowCellColSpanIndex].cells[elemRowSelected.rowIndex-1]; var rowAboveCell=spanGridAboveTarget.cell; if (rowBelowCell.colSpan==rowAboveCell.colSpan && spanGridAboveTarget.colSpanIndex==rowBelowCellColSpanIndex) { RTE_MergeVertical(strBaseElementID, rowBelow, rowBelowCell, rowAboveCell) RTE_PutSelectionInCell(strBaseElementID, rowAboveCell); } else { alert(L_InvalidMerge_TEXT); } break; case "below": if (elemTable==null) return; var rowAboveCell=elemCellSelected; var spanGrid=RTE_GenerateSpanGridUpToTarget(elemTable, rowAboveCell); var rowAboveCellColSpanIndex=spanGrid.targetCellColSpanIndex; var spanGridBelowTarget=spanGrid.columns[rowAboveCellColSpanIndex].cells[elemRowSelected.rowIndex+rowAboveCell.rowSpan]; if (spanGridBelowTarget==null) return; var rowBelowCell=spanGridBelowTarget.
(var rowIndex=0; rowIndex=elemRowSelected.length) return; RTE_MergeHorizontal(strBaseElementID, elemRowSelected, elemCellSelected.cellIndex); } } break; } if (elemTable) { RTE_ReapplyTableStyles(elemTable); } RTE_StartResetToolBarTimer(strBaseElementID); } function RTE_MergeHorizontal(strBaseElementID, elemRow, mergeFromIndex) { var rowCells=elemRow.cells; if (rowCells[mergeFromIndex].innerText.length > 0) { rowCells[mergeFromIndex].innerHTML+=" "; } rowCells[mergeFromIndex].innerHTML+=rowCells[mergeFromIndex+1].innerHTML; rowCells[mergeFromIndex].colSpan+=rowCells[mergeFromIndex+1].colSpan; elemRow.removeChild(rowCells[mergeFromIndex+1]); } function RTE_MergeVertical(strBaseElementID, rowBelow, rowBelowCell, rowAboveCell) { if (rowAboveCell.innerText.length > 0) { rowAboveCell.innerHTML+=" "; } rowAboveCell.innerHTML+=rowBelowCell.innerHTML; rowAboveCell.rowSpan+=rowBelowCell.rowSpan; rowBelow.removeChild(rowBelowCell); } function RTE_PutSelectionInCell(strBaseElementID, newCell) { if (RTE_GetCurrentElement(strBaseElementID) !=newCell) { var editorDocument=RTE_GetEditorDocument(strBaseElementID); var textRange=editorDocument.body.createTextRange(); textRange.moveToElementText(newCell); textRange.select(); } } function RTE_GenerateSpanGridUpToTarget(table, targetCell) { var spanGrid=new Object(); spanGrid.columns=new Array(); spanGrid.targetCellColSpanIndex=-1; for (var rowIndex=0; rowIndex<table.rows.length; rowIndex++) { var colSpanIndex=0; for (cellIndex=0; cellIndex=elemRowSelected.length) return; RTE_MergeHorizontal(strBaseElementID, elemRowSelected, elemCellSelected.cellIndex); } } break; } if (elemTable) { RTE_ReapplyTableStyles(elemTable); } RTE_StartResetToolBarTimer(strBaseElementID); } function RTE_MergeHorizontal(strBaseElementID, elemRow, mergeFromIndex) { var rowCells=elemRow.cells; if (rowCells[mergeFromIndex].innerText.length > 0) { rowCells[mergeFromIndex].innerHTML+=" "; } rowCells[mergeFromIndex].innerHTML+=rowCells[mergeFromIndex+1].
oddEvenRowSpecifier=1; } for (var i=rowStartIndex; i=0) { reservedRules.push(rules[j]); } } } catch (e) {} } var msTableStylePrefix="ms-rteTable"; var msTableClass="-"; var msTableClassHeadingRow="HeaderRow-"; var msTableClassHeadingFirstCol="HeaderFirstCol-"; var msTableClassHeadingOddCol="HeaderOddCol-"; var msTableClassHeadingEvenCol="HeaderEvenCol-"; var msTableClassHeadingLastCol="HeaderLastCol-"; var msTableClassOddRow="OddRow-"; var msTableClassEvenRow="EvenRow-"; var msTableClassFirstCol="FirstCol-"; var msTableClassOddCol="OddCol-"; var msTableClassEvenCol="EvenCol-"; var msTableClassLastCol="LastCol-"; var msTableClassFootingRow="FooterRow-"; var msTableClassFootingFirstCol="FooterFirstCol-"; var msTableClassFootingOddCol="FooterOddCol-"; var msTableClassFootingEvenCol="FooterEvenCol-"; var msTableClassFootingLastCol="FooterLastCol-"; function RTE_ApplyTableStyle(tableStyleSuffix, table, formatHeadingRow, formatLastRow, formatFirstColumn, formatLastColumn, prefix) { if (prefix==null) prefix=msTableStylePrefix; if (table !=null) { RTE_AppendClassName(table, prefix+msTableClass+tableStyleSuffix); var rows=table.rows; var rowStartIndex=0; var rowEndIndex=rows.length-1; var doFormatHeadingRow=false; var doFormatLastRow=false; if (rows.length==1) { if (formatHeadingRow) { doFormatHeadingRow=true; rowStartIndex++; } rowEnd=0; } else { if (formatHeadingRow) { doFormatHeadingRow=true; rowStartIndex++; } if (formatLastRow) { doFormatLastRow=true; rowEndIndex--; } } if (doFormatHeadingRow) { var headingRow=rows(0); RTE_AppendClassName(headingRow, prefix+msTableClassHeadingRow+tableStyleSuffix); var oddEvenColumnSpecifier=0; for (var i=0; i<headingRow.cells.length; i++) { if (i==0 && formatFirstColumn) { RTE_AppendClassName(headingRow.cells(i), prefix+msTableClassHeadingFirstCol+tableStyleSuffix); oddEvenColumnSpecifier=1; } else if (i==headingRow.cells.length-1 && formatLastColumn) { RTE_AppendClassName(headingRow.cells(i), prefix+msTableClassHeadingLastCol+tableStyleSuffix); } else { if (i%2==oddEvenColumnSpecifier) { RTE_AppendClassName(headingRow.cells(i), prefix+msTableClassHeadingOddCol+tableStyleSuffix); } else { RTE_AppendClassName(headingRow.cells(i), prefix+msTableClassHeadingEvenCol+tableStyleSuffix); } } } } if (doFormatLastRow) { var lastRow=rows(rowEndIndex+1); RTE_AppendClassName(lastRow, prefix+msTableClassFootingRow+tableStyleSuffix); var oddEvenColumnSpecifier=0; for (var i=0; i<lastRow.cells.length; i++) { if (i==0 && formatFirstColumn) { RTE_AppendClassName(lastRow.cells(i), prefix+msTableClassFootingFirstCol+tableStyleSuffix); oddEvenColumnSpecifier=1; } else if (i==lastRow.cells.length-1 && formatLastColumn) { RTE_AppendClassName(lastRow.cells(i), prefix+msTableClassFootingLastCol+tableStyleSuffix); } else { if (i%2==oddEvenColumnSpecifier) { RTE_AppendClassName(lastRow.cells(i), prefix+msTableClassFootingOddCol+tableStyleSuffix); } else { RTE_AppendClassName(lastRow.cells(i), prefix+msTableClassFootingEvenCol+tableStyleSuffix); } } } } var oddEvenRowSpecifier=0; if (doFormatHeadingRow) { oddEvenRowSpecifier=1; } for (var i=rowStartIndex; i<=rowEndIndex; i++) { var currentRow=rows(i); if (i%2==oddEvenRowSpecifier) { RTE_AppendClassName(currentRow, prefix+msTableClassOddRow+tableStyleSuffix); } else { RTE_AppendClassName(currentRow, prefix+msTableClassEvenRow+tableStyleSuffix); } var oddEvenColumnSpecifier=0; for (var j=0; j=0) { reservedRules.push(rules[j]); } } } catch (e) {} } var msTableStylePrefix="ms-rteTable"; var msTableClass="-"; var msTableClassHeadingRow="HeaderRow-"; var msTableClassHeadingFirstCol="HeaderFirstCol-"; var msTableClassHeadingOddCol="HeaderOddCol-"; var msTableClassHeadingEvenCol="HeaderEvenCol-"; var msTableClassHeadingLastCol="HeaderLastCol-"; var msTableClassOddRow="OddRow-"; var msTableClassEvenRow="EvenRow-"; var msTableClassFirstCol="FirstCol-"; var msTableClassOddCol="OddCol-"; var msTableClassEvenCol="EvenCol-"; var msTableClassLastCol="LastCol-"; var msTableClassFootingRow="FooterRow-"; var msTableClassFootingFirstCol="FooterFirstCol-"; var msTableClassFootingOddCol="FooterOddCol-"; var msTableClassFootingEvenCol="FooterEvenCol-"; var msTableClassFootingLastCol="FooterLastCol-"; function RTE_ApplyTableStyle(tableStyleSuffix, table, formatHeadingRow, formatLastRow, formatFirstColumn, formatLastColumn, prefix) { if (prefix==null) prefix=msTableStylePrefix; if (table !=null) { RTE_AppendClassName(table, prefix+msTableClass+tableStyleSuffix); var rows=table.rows; var rowStartIndex=0; var rowEndIndex=rows.length-1; var doFormatHeadingRow=false; var doFormatLastRow=false; if (rows.length==1) { if (formatHeadingRow) { doFormatHeadingRow=true; rowStartIndex++; } rowEnd=0; } else { if (formatHeadingRow) { doFormatHeadingRow=true; rowStartIndex++; } if (formatLastRow) { doFormatLastRow=true; rowEndIndex--; } } if (doFormatHeadingRow) { var headingRow=rows(0); RTE_AppendClassName(headingRow, prefix+msTableClassHeadingRow+tableStyleSuffix); var oddEvenColumnSpecifier=0; for (var i=0; i<headingRow.cells.length; i++) { if (i==0 && formatFirstColumn) { RTE_AppendClassName(headingRow.cells(i), prefix+msTableClassHeadingFirstCol+tableStyleSuffix); oddEvenColumnSpecifier=1; } else if (i==headingRow.cells.length-1 && formatLastColumn) { RTE_AppendClassName(headingRow.cells(i), prefix+msTableClassHeadingLastCol+tableStyleSuffix); } else { if (i%2==oddEvenColumnSpecifier) { RTE_AppendClassName(headingRow.cells(i), prefix+msTableClassHeadingOddCol+tableStyleSuffix); } else { RTE_AppendClassName(headingRow.cells(i), prefix+msTableClassHeadingEvenCol+tableStyleSuffix); } } } } if (doFormatLastRow) { var lastRow=rows(rowEndIndex+1); RTE_AppendClassName(lastRow, prefix+msTableClassFootingRow+tableStyleSuffix); var oddEvenColumnSpecifier=0; for (var i=0; i<lastRow.cells.length; i++) { if (i==0 && formatFirstColumn) { RTE_AppendClassName(lastRow.cells(i), prefix+msTableClassFootingFirstCol+tableStyleSuffix); oddEvenColumnSpecifier=1; } else if (i==lastRow.cells.length-1 && formatLastColumn) { RTE_AppendClassName(lastRow.cells(i), prefix+msTableClassFootingLastCol+tableStyleSuffix); } else { if (i%2==oddEvenColumnSpecifier) { RTE_AppendClassName(lastRow.cells(i), prefix+msTableClassFootingOddCol+tableStyleSuffix); } else { RTE_AppendClassName(lastRow.cells(i), prefix+msTableClassFootingEvenCol+tableStyleSuffix); } } } } var oddEvenRowSpecifier=0; if (doFormatHeadingRow) { oddEvenRowSpecifier=1; } for (var i=rowStartIndex; i<=rowEndIndex; i++) { var currentRow=rows(i); if (i%2==oddEvenRowSpecifier) { RTE_AppendClassName(currentRow, prefix+msTableClassOddRow+tableStyleSuffix); } else { RTE_AppendClassName(currentRow, prefix+msTableClassEvenRow+tableStyleSuffix); } var oddEvenColumnSpecifier=0; for (var j=0; j<currentRow.cells.length; j++) { if (j==0 && formatFirstColumn) { RTE_AppendClassName(currentRow.cells(j), prefix+msTableClassFirstCol+tableStyleSuffix); oddEvenColumnSpecifier=1; } else if (j==currentRow.cells.length-1 && formatLastColumn) { RTE_AppendClassName(currentRow.cells(j), prefix+msTableClassLastCol+tableStyleSuffix); } else { if (j%2==oddEvenColumnSpecifier) { RTE_AppendClassName(currentRow.cells(j), prefix+msTableClassOddCol+tableStyleSuffix); } else { RTE_AppendClassName(currentRow.cells(j), prefix+msTableClassEvenCol+tableStyleSuffix); } } } } } } function RTE_ClearReservedTableStyles(table, prefix) { if (prefix==null) prefix=msTableStylePrefix; if (table !=null && table.tagName=="TABLE") { RTE_ClearReservedTableStylesFromElement(table, prefix); for (var i=0; i=0) { reservedRules.push(rules[j]); } } } catch (e) {} } var msTableStylePrefix="ms-rteTable"; var msTableClass="-"; var msTableClassHeadingRow="HeaderRow-"; var msTableClassHeadingFirstCol="HeaderFirstCol-"; var msTableClassHeadingOddCol="HeaderOddCol-"; var msTableClassHeadingEvenCol="HeaderEvenCol-"; var msTableClassHeadingLastCol="HeaderLastCol-"; var msTableClassOddRow="OddRow-"; var msTableClassEvenRow="EvenRow-"; var msTableClassFirstCol="FirstCol-"; var msTableClassOddCol="OddCol-"; var msTableClassEvenCol="EvenCol-"; var msTableClassLastCol="LastCol-"; var msTableClassFootingRow="FooterRow-"; var msTableClassFootingFirstCol="FooterFirstCol-"; var msTableClassFootingOddCol="FooterOddCol-"; var msTableClassFootingEvenCol="FooterEvenCol-"; var msTableClassFootingLastCol="FooterLastCol-"; function RTE_ApplyTableStyle(tableStyleSuffix, table, formatHeadingRow, formatLastRow, formatFirstColumn, formatLastColumn, prefix) { if (prefix==null) prefix=msTableStylePrefix; if (table !=null) { RTE_AppendClassName(table, prefix+msTableClass+tableStyleSuffix); var rows=table.rows; var rowStartIndex=0; var rowEndIndex=rows.length-1; var doFormatHeadingRow=false; var doFormatLastRow=false; if (rows.length==1) { if (formatHeadingRow) { doFormatHeadingRow=true; rowStartIndex++; } rowEnd=0; } else { if (formatHeadingRow) { doFormatHeadingRow=true; rowStartIndex++; } if (formatLastRow) { doFormatLastRow=true; rowEndIndex--; } } if (doFormatHeadingRow) { var headingRow=rows(0); RTE_AppendClassName(headingRow, prefix+msTableClassHeadingRow+tableStyleSuffix); var oddEvenColumnSpecifier=0; for (var i=0; i<headingRow.cells.length; i++) { if (i==0 && formatFirstColumn) { RTE_AppendClassName(headingRow.cells(i), prefix+msTableClassHeadingFirstCol+tableStyleSuffix); oddEvenColumnSpecifier=1; } else if (i==headingRow.cells.length-1 && formatLastColumn) { RTE_AppendClassName(headingRow.cells(i), prefix+msTableClassHeadingLastCol+tableStyleSuffix); } else { if (i%2==oddEvenColumnSpecifier) { RTE_AppendClassName(headingRow.cells(i), prefix+msTableClassHeadingOddCol+tableStyleSuffix); } else { RTE_AppendClassName(headingRow.cells(i), prefix+msTableClassHeadingEvenCol+tableStyleSuffix); } } } } if (doFormatLastRow) { var lastRow=rows(rowEndIndex+1); RTE_AppendClassName(lastRow, tableStyleNumber=reservedTableStyleNumbers[i]; settings["tableStyleNumber"]=tableStyleNumber; settings["formatHeadingRow"]=RTE_ShouldFormatHeadingRow(tableStyleNumber, table, prefix); settings["formatLastRow"]=RTE_ShouldFormatLastRow(tableStyleNumber, table, prefix); settings["formatFirstColumn"]=RTE_ShouldFormatFirstColumn(tableStyleNumber, table, prefix); settings["formatLastColumn"]=RTE_ShouldFormatLastColumn(tableStyleNumber, table, prefix); tableStyleSettings[tableStyleSettings.length]=settings; } RTE_ClearReservedTableStyles(table, prefix); for (var i=0; i 0) { var headingRow=table.rows.item(0); if (headingRow.className !=null && headingRow.className.length > 0) { var headingRowClasses=headingRow.className.split(" "); for(var i=0; i 0) { if (!(table.rows.length==1 && RTE_ShouldFormatHeadingRow(tableStyleNumber, table, prefix))) { var lastRow=table.rows.item(table.rows.length-1); if (lastRow.className !=null && lastRow.className.length > 0) { var lastRowClasses=lastRow.className.split(" "); for(var i=0; i 0) { var reservedColClassName=prefix+msTableClassFirstCol; var testRow=table.rows.item(0); if (RTE_ShouldFormatHeadingRow(tableStyleNumber, table, prefix)) { reservedColClassName=prefix+msTableClassHeadingFirstCol; } else if (table.rows.length==1 && RTE_ShouldFormatLastRow(tableStyleNumber, table, prefix)) { reservedColClassName=prefix+msTableClassFootingFirstCol; } if (testRow.cells.length > 0) { reservedColClassName+=tableStyleNumber; var firstCell=testRow.cells.item(0); if (firstCell.className !=null && firstCell.className.length > 0) { var firstCellClasses=firstCell.className.split(" "); for(var i=0; i 0) { var reservedColClassName=prefix+msTableClassLastCol; var testRow=table.rows.item(0); if (RTE_ShouldFormatHeadingRow(tableStyleNumber, table, prefix)) { reservedColClassName=prefix+msTableClassHeadingLastCol; } else if (table.rows.
<fn>GOV-ZA.21610cEn.2012-02-10.en.txt</fn>
The Minister of Health has, in terms of section 2 of the Tobacco Products Control Act, 1993 (Act No. 83 of 1993), as amended, declared the public places specified in the Schedule as permissible smoking areas, subject to the conditions also specified in the Schedule.
Definitions this Notice, "the Act" means the Tobacco Products Control Amendment Act, 1999 (Act No.
"smoking establishment" means an establishment where the business is to sell tobacco products to the general public for consumption on or off the premises, and to provide for related business activities.
work places, subject to clauses 3, 6, 7; and 8 airports, subject to clause 3.
An employer, owner, licensee, lessee or person in control of a public place may designate a portion of a public place as a smoking area, provided that the designated smoking area does not exceed 25/. of the total floor area of the public place?
the message: "SMOKING OF TOBACCO PRODUCTS IS HARMFUL TO YOUR HEALTH AND TO THE HEALTH OF CHILDREN, PREGNANT OR BREASTFEEDING WOMEN AND NON-SMOKERS.
The operator of any passenger ship that is registered in the Republic may allocate not more than of total accommodation as designated smoking areas.
The operator of any passenger train operating in the Republic with the total number of carriages exceeding 10 (ten) may allocate not more that 25°A of the entire train as a designated smoking area.
the case where the number of carriages does not exceed 10 (ten), only 1 (one) carriage may be designated as a smoking area.
An employer, owner, licensee, lessee or person in control of a public place must ensure that no person smokes anywhere other than in the designated smoking area in that public place.
Employers must have a written policy on smoking in the workplace, and the policy must be applied within three from the date of coming into operation of the Tobacco Products Control Amendment Act, 1999 (Act No. 12 of 1999).
Any employer, owner, licensee, lessee or person in control of any public place or part of a public place may totally prohibit smoking in that place.
10, This Notice comes into operation three months after the date on which the Act comes into operation.
Where structural changes are necessary in order to comply with this Notice, written applications requesting exemption for periods of up to six months will be considered. Applications must set out clear details of the nature and extent of the proposed structural changes, as well as an indication the exact time envisaged to make the structural changes. Applications must be addressed to.
<fn>GOV-ZA.2178En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.217921En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.217allsystemsinplaceforasuccessfullocalgoverntelectiononwednesday18thEn.2012-02-10.en.txt</fn>
In the Free State two by-elections took place and both wards were won by the African National Congress. In Ward 4 in Nokeng Tsa Taemane (Cullinan) Pieter Eksteen van der Watt of the Democratic Alliance is the new councillor while Rabatho John Mokotla won in Ward 2 in Mogale City (Krugersdorp) GT481 and Joseph Maramane Mogotsi in Ward 22 in Tshwane Metro (Pretoria) TSH. Both councillors represent the African National Congress.
According to the Independent Electoral Commission (IEC), an election period is the period during which the IEC's Code of Conduct and the Independent Communications Authority of South Africa's regulations apply. Government communicators and their departments should continue meeting the obligation of government to provide information to the people.
URL: http://www.info.gov.za/speeches/2008/09011515451001.
This allows messages, memos and letters to be sent to anybody within the Department, irrespective of where the person is situated, providing that the office has a network as described above, or to any person outside the Department, who has such facilities. One would also be able to receive messages. A policy decision has been taken that all circulars will in future be distributed by e-mail instead of using hard copies. External correspondence between offices could also consist of email rather than of letters.
Users will be trained to use applications such as MSWord, (word processing) MS Excell (spreadsheets) and MS Outlook (e-mail and diary). Some users will also receive training in applications such as Internet Explorer and Jutastat.
It is planned that officials will shortly be able to file their applications for leave from their own PCs instead of having to complete traditional leave forms. Authorisation of leave applications will also be given on-line by the supervisor with an "electronic signature". The supervisor will be notified automatically of a person's available leave days and if a sufficient number is available, the system will accept the approval and deduct these automatically from PER-SAL; in this manner ensuring that these credits are registered correctly on the PERSAL system. Also in the pipeline is a system to collect debits from outstanding S&T advance claims.
The ability of the system to automatically and timely notify supervisors/Head of Offices, or any identified person, of events or actions that were not attended to, or are overdue.
These will be automatically generated and it can be printed immediately.
In civil case management, the case is initiated by the plaintiff's attorney and electronically sent through to courts. Requests for default judgments/writ of executions are also done and granted electronically. The revenue stamps will be replaced by a transaction fee, which the attorneys have to pay. This fee still has to be determined. All pleadings will be filed electronically and the need to have large amounts of storage space, will disappear gradually. Since everything is done electronically and stored on a database, queries can be dealt with much quicker and more efficiently. Attorneys, who have access to the system, will be able to schedule set-down dates electronically.
The Rules Board and the Department is jointly involved with the drafting of the required new Rules and Acts.
The success of the e-Justice programme depends on effective change management. This is a strategic intervention that cuts across each of the projects that will be undertaken and campaigned by our human resources component.
This programme relates to management information services, content management, knowledge management and records management. This project will start shortly.
<fn>GOV-ZA.218088En.2012-02-10.en.txt</fn>
The Promotion of Access to Information Act (PAIA) provides the legal framework for the public to access government information as outlined in the Constitution. It promotes transparency and accountability in all government bodies and parastatals, by providing access to government information that is not normally available to the public.
In terms of section 14 of the Promotion of Access to Information Act, each public body must compile a manual outlining its functions, location as well as which information is available to the public and how the public can access such information.
Each of the Western Cape's provincial departments has compiled a manual in terms of the Act. You can view each of these manuals below.
How Do I Access Government Information?
To apply for access to government records under the Act, you will need to complete Form A. You will also need to pay R35.00 before the request can be processed. This can be paid at a cashier at the department that you are requesting information from (see the list below).
You can indicate on Form A whether you want a copy of the record or only want to look at it.
When completing Form A, you can also indicate in which language you would like the record. However, the department is not obligated to translate it to this language.
You may also indicate in what form (ie paper copy, electronic copy) you would like to access the record. This will be supplied unless doing so will interfere with the running of the department or, for practical reasons, access cannot be given in the required medium.
Access fees do not apply to records requested by maintenance officers or maintenance investigators.
Should you need copies of the requested record, for instance, then the access fees will apply.
If your annual income does not exceed R14 712.00 per annum, or if you are married and your combined annual income does not exceed R27 192.00, then you will be exempted from paying access fees.
The access fee payment does not apply to requests for your personal records.
In certain instances, you may also be requested to pay a deposit.
You may lodge an internal appeal against the payment of the deposit and/or access fee. Should you want to lodge an internal appeal, Form C must be completed.
In the event that the internal appeal procedure has been exhausted and you are still not satisfied with the result, a court may be approached for an appropriate court order.
Access to a record will be withheld until all applicable fees have been paid.
You may request information on behalf of another person, but the capacity in which the request is made must be indicated.
If an applicant is unable to read or write, or cannot complete the form because of a disability, the request can be made verbally. The information officer, or a person so delegated, must then fill in the form on behalf of the applicant and give them a copy of the completed form.
Below is a list of cashiers for each provincial department where you can pay the R35 record request fee.
<fn>GOV-ZA.21847En.2012-02-10.en.txt</fn>
(Assented to 29 November 2000.
To amend the South African Reserve Bank Act, 1989, so as to empower the Governor of the South African Reserve Bank to determine a percentage of the total amount of a bank's holdings of Reserve Bank notes and subsidiary coin that may be taken into account in calculating the minimum reserve balance; and to provide for matters connected therewith.
Amendment of section 10A of Act 90 of 1989, as inserted by section 4 of Act 10 of 1993 1.
Act, 1990 (Act No.
percentages of the amounts of such different categories of the bank's liabilities as may be specified by the Governor by notice in the Gazette with reference to the time when such liabilities fall due or with reference to any other aspect pertaining to such liabilities.
The monthly average credit balance in an account maintained in terms of subsection (1) by a bank, together with the amount representing the percentage referred to in paragraph (a)(i) shall not be less than the total of the amounts representing the percentages referred to in paragraph (a)(ii).
"(a) The percentages determined by the Governor in terms of subsection (2)(a) or (3)(b) shall be such percentages as the Governor may, having regard to the national economic interest, deem desirable to determine from time to time.".
This Act shall be called the South African Reserve Bank Amendment Act, 2000.
<fn>GOV-ZA.21865En.2012-02-10.en.txt</fn>
The Municipality does not deal directly with the public regarding graves, funerals or cremations. To arrange a burial or cremation you need to contact a funeral director. Many reputable funeral directors are listed in the yellow pages.
Fax: 021 487 2037 tagelaan.boltman@capetown.gov.
<fn>GOV-ZA.2186En.2012-02-10.en.txt</fn>
South African President Jacob Zuma says the 2010 Fifa World Cup to be hosted in South Africa has steered the country towards the biggest infrastructure investment in history.
<fn>GOV-ZA.21885En.2012-02-10.en.txt</fn>
The Contact Centre handles over 4 500 calls per day, most of which are received between 08:00 and 11:00 in the morning.
The Contact Centre will direct queries about other matters to the appropriate Departments.
If you have your City of Cape Town account number available, your call will be autoatically directed to an area specific operator.
If you have any questions regarding your municipal accounts you can call the Contact Centre on 086 010 3089 between 08:00 and 16:30 on week days. Other customer care services are provided by 193 officials at the City's 108 cash offices. You can also fax your queries to 0860 10 30 90 or email accounts@capetown.gov.za.
<fn>GOV-ZA.218deputyministeryunuscarrimsspeechatthehesuzmanfoundationEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.219394En.2012-02-10.en.txt</fn>
Today, we are proud to launch the Provincial Skills Development Forum (PSDF), our government's comprehensive plan to address the skills shortage and future skills demand in the Western Cape.
In line with our first Strategic Objective, we have put economic and employment growth at the front and centre of our agenda for the province. Key to achieving this is a population with the skills aligned to, and relevant to, the needs of a growing economy.
While the Western Cape, relative to the other eight provinces, has better access to critical assets such as internet and computers, a better educated population, excellent school and tertiary institutions and a burgeoning services sector, we are faced with numerous challenges when it comes to job creation and skills development.
Skills development initiatives are not aligned to the economy.
Youth unemployment is high particularly amongst young people who have no education, complete GET or incomplete FET (an estimated 75% of job losses during the recession were suffered by people under the age of 35).
The working population is increasing faster than the number of jobs being created.
There is a mismatch between the supply and demands of skills (quality vs quantity).
Employment is becoming increasingly skills intensive across most sectors.
Accordingly, the primary purpose of the PSDF will be to coordinate skills development in the Western Cape so as to ensure that skills development interventions translate into real opportunities for our citizens.
Create public/private partnerships aimed at leveraging funding and services for targeted and relevant skills interventions.
Pilot innovative skills development interventions that not only meet the demands of the labour market but are flexible to its needs.
Provide on-the-job training for entry level, GET and FET learners to increase the relevance of their education and skills in order to improve their chances of finding long-term employment.
The Premier's Council on Skills (PCS): This body will be comprised of representatives from government, higher education, organised labour and business, and will be responsible for providing leadership and direction. The council will determine the skills priorities for the province and will define an agenda for producing these needed skills. It will also play a critical role in ensuring that the public and private sector work in close partnership to drive skills development in the province.
A Technical Working Group (TWG): This group will ensure that the skills agenda developed by the PCS is translated into practical interventions that are implemented. It will also be responsible for monitoring and evaluating these interventions and dealing with any bottlenecks that arise. The group will consist of government officials and representatives from the business sector, organised labour and higher education. Under this body, several theme specific working groups will be created.
Secretariat: The secretariat will consist of provincial government officials who will be required to provide technical, professional and administrative support to both the PCS and the TWG. This body will also house the knowledge that is created and develop key proposals and policies for implementation.
We are pleased to be launching the PSDF during Youth Month, particularly in light of this year's theme - "Youth Action for Economic Freedom in Our Lifetime" - which focuses on youth development and their participation in the economy. A key focus of the PSDF will be coming up with solutions aimed specifically at addressing youth unemployment. Envisaged interventions include bursary schemes and an expanded at-work training scheme.
We are confident that by providing a platform for business, government, higher education and organised labour to collaborate on a skills development vision and action plan, the PSDF will ensure that our province produces an appropriately skilled citizenry that is able to find work and contribute to the economic growth of our region.
Skills development is a top priority from the Western Cape Government. We look forward to working closely with all stakeholders involved in the PSDF to provide opportunities for our people to prosper and live lives of value.
Follow Minister Winde at: www.twitter.
<fn>GOV-ZA.2194En.2012-02-10.en.txt</fn>
With only ten days left to the Fifa Confederations Cup, the City of Joburg is ready to provide efficient transport services to soccer fans attending the games at Ellis Park Stadium.
<fn>GOV-ZA.21955En.2012-02-10.en.txt</fn>
What is the Road Accident Fund?
Who can claim from the fund?
What can you get money for?
What is negligence?
How much money can you claim for?
How long does it take for a claim to be processed?
How do you claim from the Fund?
Where do you lodge a claim?
If a person is injured or killed in a motor vehicle accident because a driver involved in the accident was negligent, they or their family can claim compensation from the Road Accident Fund (RAF). This means that even if the driver of the car doesn't have insurance, you can get money to help you pay for your medical expenses and to compensate for the time that you are unable to work.
The Road Accident Fund is a public entity which has been set up to pay compensation to people injured in road accidents or the dependants of people killed in road accidents arising from the negligent driving of a motor vehicle in South Africa. The Fund gets its money from a fuel levy that is included in the price of petrol and diesel.
You can claim if you were injured in the accident.
Your dependents can claim if you were killed in the accident.
You can claim if you were involved in an accident as a driver, a passenger or a pedestrian.
There is only a claim if the accident was caused by someone else's negligent driving. You cannot claim if you caused the accident. You also can't claim if you were the only person and vehicle involved in the accident, for example if you drove into a pole.
If you were the driver in the accident but are not the owner of the car and the accident was caused by the owner of the car's negligence (for example, if they didn't fix the brakes) and you are injured, then you can claim from the fund.
Claims for loss of support - If the breadwinner in the family dies in an accident caused by someone else, then the dependants of that person can claim for loss of support.
If you were partly responsible for the accident then you can still claim but you will only receive a portion of the damages. For example, if you were 50% responsible, then you will only get 50% of the damages. If you were 25% responsible, then you will get 75% of the damages.
You cannot claim for damage done to your vehicle or property. To get money for this, you need to sue the driver of the vehicle that caused the accident. If they have insurance, their insurance will pay you. If they don't have insurance, they will have to pay you personally.
Only accidents caused by someone else's negligence can give rise to claims from the Fund. So you need to prove that someone else was negligent. You do this by proving that the driver did not drive their vehicle in a way in which a reasonable driver would have driven in the circumstances.
If you were not in the vehicle that caused the accident, there is no limit to the damages you can claim from the Road Accident Fund.
If you or your breadwinner was a passenger in the car which caused the accident, you cannot claim more than R25 000 altogether. You can only claim back money that you have spent or will spend because of the accident, for example hospital and doctor's bills that you have paid.
If you or your breadwinner was a paying passenger or if you were in the car because of work, you can only claim R25 000, but you can sue the negligent driver for any money over that. You cannot sue your employer, however.
Claiming from the Fund is a complicated process and the Fund has a lot of claims to handle, so it can take a long time for your money to be paid out. The Fund has 120 days to investigate the matter after the claim has been lodged, before the final proceedings can go ahead.
You can claim from the Fund yourself or you can get a lawyer to claim for you but you will have to pay for their services. There are information officers at all RAF offices that can help you free of charge.
You must make the claim within three years of the date of the accident, if you know who caused the accident. If you don't know who the driver or owner of the vehicle that caused the accident was, you need to claim within two years.
You make the claim by completing the Claim Form (Form 1). Every applicable paragraph must be completed. The doctor that treated you immediately after the accident must complete the medical report section of the form. You must also sign the form.
A medical report.
If a person was killed in the accident you must get an inquest record.
A charge sheet from the police.
All accounts, receipts and vouchers to prove medical expenses and hospital expenses.
A letter from the doctor saying how much you will pay for medical expenses in the future, because of the accident.
A drawing of the accident scene.
The name of the police station where the accident was reported, the police case number and the police report.
A letter from your employer to say how much money you lost through unpaid wages.
A written consent to the hospital giving the Fund permission to look at your hospital records.
A sworn statement from the person who is claiming and from any witnesses.
7th Floor, No.
You can check the status of your claim online.
<fn>GOV-ZA.219actingministerforcogtanathimthethwapraisesvotersgoodconductandiecforsuccessfulelectionsEn.2012-02-10.en.txt</fn>
Pretoria, 24 May 2011 - Acting Minister for Cooperative Governance and Traditional Affairs department Nathi Mthethwa applauds the peaceful conduct of all South African voters who came out in millions to exercise their constitutional right to elect political parties and councillors of their choice during the 2011 Local Government Elections.
Minister Mthethwa, who chairs the government Inter-ministerial Committee on local government elections, also congratulates the Independent Electoral Commission (IEC) for its tireless dedication and professionalism in conducting a free and fair election, once again.
"A pat on the back goes to all South African voters whose matured conduct and cooperation with officials before and during elections ensured that the environment was conducive to conducting elections which were free from disruptions," says Minister Mthethwa.
The 2011 Local Government Elections were characterized by lively and respectful campaigning with all political parties free to engage with voters in all areas. The commission highlighted decreased voter apathy and achieved an impressive 57.6% registered voters turn-out which is an improvement from the previous local government elections which scored below 50% mark.
Minister Mthethwa also welcomes the newly-elected and returning councillors to local government and reminds them that their election into municipal councils is about serving communities who have put their trust in them.
The Department of Cooperative Governance will soon roll out an official induction programme to introduce new councillors to local government operations. This will prepare them to serve people with efficiency, speed and be accountable to community.
<fn>GOV-ZA.21En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.21apr20051En.2012-02-10.en.txt</fn>
What does tourism contribute to the economy and how can this be measured The answer involves more than just recording the number of tourists visiting a country in a given period?
However, developing more robust indicators of the economic contribution of tourism is not simple, and is the subject of a discussion paper released by Statistics SA earlier this week.
Tourism is defined as the "activities of persons travelling to and staying in places outside their usual environment for not more than one consecutive year for leisure, business and other purposes not related to the exercise of an activity remunerated from within the place visited".
Tourism has grown substantially as an economic and social activity. However, statistical information on the nature, progress and consequences of tourism is mainly based on quantitative statistics such as arrivals, overnight stays and values hidden in certain macroeconomic aggregates.
Clearly, tourism plays a significant role in the South African economy. But unlike output-defined industries such as agriculture and manufacturing, the primarily demand-defined tourism industry is not measured as a sector in its own right in national accounts.
This is because industries are classified according to the goods and services they produce, while tourism is a consumption-based concept that depends on the status of the consumer.
A major reason for the difficulties in measuring the size of tourism is that in the 1993 System of National Accounts (1993 SNA), industries are created on the basis of their activity or output, rather than on data about their customers. Tourism is defined by the characteristics of the consumers - the tourists - at the moment of consumption.
Tourist consumption includes goods and services that are "tourism characteristic" (accommodation, travel services) and "non-tourism characteristic" (retail trade). The key factor, from a measurement standpoint, is to relate purchases by tourists to the total supply of these goods and services.
The SNA does, however, provide for the development of tourism satellite accounts (TSAs) for the study of tourism-related industries and products.
A TSA is a statistical instrument used to measure the size of the tourism industry's contribution to the economy of a country according to international standards, concepts, classifications and definitions, which will allow for valid comparisons with other industries and, eventually, between individual countries and between groups of countries.
The fundamental structure of a TSA is based on the general relationship in an economy between the demand of goods and services generated by tourism on the one hand and their supply on the other.
In 2002 South Africa recognised that the preparation of a TSA was important, but could not be the responsibility of a single institution.
Although the national accounts division of Stats SA started with the TSA project in April 2003, it was accepted that the project should best be approached as a collaborative effort under the auspices of the national statistics system (NSS).
Apart from public and private institutions that have important administrative sources of data on tourism, six other institutions now play pivotal roles in the introduction of TSAs: Stats SA, the department of environmental affairs and tourism, the department of home affairs, the SA Reserve Bank, the SA Revenue Service and SA Tourism.
Analyse tourism from a macro-economic point of view.
Present tourism data which are strictly based on the principles of the SNA and are compatible with the recommendations on tourism statistics elaborated by the UN and the World Tourism Organisation.
Compare tourism with other similarly defined industries to make its statistics more robust.
Offer policy makers insights into tourism and its socio-economic functions and impacts.
Calculate tourism value added for a given list of industries in a coherent system.
Provide information on the employment profiles of the tourism industries.
Indicate the production function of tourism industries and illustrate the links between the tourism industries and the rest of the economy.
Provide an indication of the size of tourism capital investment and the means to analyse its link with tourism supply.
Find out what visitors buy and which industries benefit most from these purchases.
This week's release of a discussion document on the status of the TSA marks a major step in endeavours to measure and monitor the impact of tourism on the South African economy.
Pali Lehohla is statistician-general and head of Statistics SA. For information on Stats SA and its outputs, including more on the tourism satellite account, visit www.statssa.gov.za, or contact user services on (012) 310-8600.
Click here to download the discussion document on the Status of the tourism satellite account in South Africa.
<fn>GOV-ZA.21february20081En.2012-02-10.en.txt</fn>
The results of the Income and Expenditure Survey that was conducted in 2005/6, will be released on Tuesday, 4 March 2008 at 10h00. Briefing sessions will be held in Gauteng, Western Cape and KZN from 4-6 March. Please refer to the StatsOnline Events calendar for more information or email rsvp@Statssa.gov.za if you would like to attend any of these briefings.
<fn>GOV-ZA.21july20051En.2012-02-10.en.txt</fn>
At least one national daily newspaper used the release of a Department of Health (DoH) report on a national HIV and syphilis sero-prevalence survey to question the validity of official statistics.
The DoH report, wrote a journalist in a front-page lead of a morning daily, 'cast unflattering light on the accuracy of official statistics'. This was, according to the journalist, because the Health Department survey found that between 6,29-million and 6,57-million had been infected with HIV by last year, compared to Stats SA's estimate of 4,5-million.
This approach reflects an unfortunate tendency to sensationalise differences in estimation without exploring the purpose for which data was gathered, and the assumptions and sources used in statistical estimation.
The differences the estimates are related to use of different data sources. Stats SA based its estimates of HIV prevalence on the Nelson-Mandela/Human Sciences Research Council study which indicated a HIV prevalence rate of about 15% among women in their reproductive period (15-49), and on causes of death data derived from death notification forms.
The Department of Health, on the other hand, based its findings on antenatal clinic data. Only pregnant women who attend antenatal care for the first time at a public facility are eligible for inclusion in the DoH study.
As such, the target population of the Department of Health Study is very different from that of the Mandela study (a survey) and the causes of death data published by Stats SA in February 2005 (based on official death notification forms).
In the absence of comprehensive data, all those estimating HIV infection use models and assumptions. All data analysts, whether attached to the Department of Health, Stats SA or any other institution, do this. However, different assumptions tend to underlie different models, and this unsurprisingly gives rise to different findings.
For example, the Department of Health study assumes that the prevalence of HIV among the general population of women 15-49 is the same as all pregnant antenatal clinic attendees. This assumption may be questioned, as there is evidence from some sub-Saharan African countries that prevalence rates based on antenatal clinic data overestimate national prevalence rates.
This does not necessarily undermine the value of the DoH survey. The study is valuable in that it uses the same methodology and the same target population over time (since 1990) to provide an upper limit of the epidemic. It shows that the upper limit of the epidemic may be increasing.
The Health Department acknowledges that the assumptions underlying its estimations are 'crude due to constraints of the survey. The estimates are only as good as the validity of the results and the generalizability of the survey'. Furthermore, the Department has carefully provided confidence intervals for its estimates so that users can see where the significant increases have occurred.
A sober analysis of methodology, assumptions and data sources somewhat undermines attempts to sensationalise differences in estimations of HIV and AIDS infection prevalance. This critical task is complex, and is rarely advanced through the introduction of political tensions, ill-informed outbursts and personal agendas.
It is not just the accuracy of the statistics that is at stake here. It is also an assessment of what is of value in advancing public debate and participation, what informs and what misleads. In this respect, at least, the manner in which differences between Stats SA and Department of Health estimates has been presented, fails this test.
The quality of official statistics depends largely on the cooperation of citizens, enterprises and other respondents in providing appropriate and reliable data to statistical agencies.
In order for the public to trust official statistics, a statistical agency must have a set of fundamental values and principles that earn the respect of the public. These include independence, relevance and credibility as well as respect for the rights of respondents.
Communication with government, other institutions and the public on those conditions amenable to quantitative measurement can be undermined by sensational reportage based on inadequate understanding of the issues under debated.
Subjecting the assumptions underlying the various models used to estimate prevalence levels might better stimulate informed discussion. For example, the assumption that the prevalence of HIV among the general population of women aged 15-49 is the same as pregnant antenatal clinic attendees is open to critical assessment.
These different, and sometimes contradictory, assumptions and models can deepen understanding of HIV-prevalence levels, and thus provide guidance for the development of policy and treatment models. However, sensationalised arguments over whose numbers are more credible might not be as relevant as newspaper headlines suggest.
<fn>GOV-ZA.21jun20071En.2012-02-10.en.txt</fn>
Africa's national statistics agencies have, at the request of their respective heads of state, recommended a draft charter on statistics for the continent.
This was undertaken recently after three days of intense meetings chaired by the African Union (AU) Commission, in collaboration with the UN Economic Commission for Africa and the African Development Bank.
The draft charter will be presented to Africa's ministers of finance, economics and planning in October, for further consideration. AU heads of state and government will then be asked to ratify it when they meet next January.
The African Statistics Charter has been developed against a background of programmes aimed at establishing an African economic community, which presupposes the availability of regular and reliable statistical data.
The main aim of the charter is to serve as an "ethical code building responsibility and an operational framework for statistical development in Africa, including the production, management and dissemination of data and statistical information at national, regional and continental levels".
More specifically, the charter aims to: serve as an advocacy tool for the development of statistics in Africa; ensure quality statistics that are comparable across countries and regions; promote professionalism and the fundamental principles of official statistics; strengthen the institutional and infrastructural capacity of statistical authorities; ensure their autonomy and independence from political interference in their operations and scientific integrity; serve as a professional code of ethics and good practices for statisticians; promote a culture of evidence-based decision making, policy formulation, monitoring and evaluation; and contribute to the strengthening and effective functioning of an African statistical system.
The charter embodies six key principles: professional independence of official statistical agencies; improved data quality; a legal mandate for data collection; appropriate dissemination of data; protection and confidentiality of sources of data; and co-ordination and co-operation between statistical organisations.
The principle of professional independence includes the right of statistical authorities to carry out their activities on a basis of scientific independence, regardless of political power or any interest group.
This right should be enshrined in law, as it is in South Africa's Statistics Act of 1999. Statistical authorities and African statisticians are called upon to use clear and relevant methods of collection, processing, analysis and presentation of statistical data, and to make observations on erroneous interpretations and improper uses of the statistical information that they disseminate.
They are also enjoined to facilitate correct interpretation of the data by providing scientific information on the sources, methods and procedures that have been used.
The principle of quality in African statistics receives considerable elaboration in the charter, with the dimensions of relevance, durability, accuracy, reliability, continuity, coherence and comparability, timeliness and topicality identified as particularly important.
The charter states that African statistics should be presented in a way that ensures internal coherence, in a time and in a way that enables comparison between regions and countries; for this purpose, it should be possible to jointly combine and use related data coming from different sources.
"The concepts, classifications, definitions and methods developed and recognised at the international level should be used."
The development of statistics that allow for comparisons between different African countries and between the various regions is a necessary condition for meaningful measurement and monitoring of indicators such as the Millennium Development Goals, and poverty reduction initiatives.
The charter forms part of a long evolutionary process relating to socioeconomic development in Africa.
n The adoption in 2000 of the AU Constitutive Act, which transformed the Organisation for African Unity into an integrated organisation for the continent's sustainable development; and n The operationalisation of the AU in 2001, with the aim of promoting Africa's socioeconomic development, the implementation of which requires harmonised, coherent, and viable statistics.
It also takes account of the provisions of a resolution on the fundamental principles of public statistics, adopted by a special session of the UN Statistical Commission in 1994, and of the professional code of ethics adopted by the International Statistical Institute at its 45th session, held in Amsterdam in 1985.
By the time the International Statistical Institute moves to South Africa for its 57th session in 2009, the evolution of the charter should be more advanced - although, with its long ancestry, the African Statistics Charter could face the danger of becoming just another document expressing noble sentiments.
However, there is a growing commitment to its principles on the part of African statisticians and their organisations.
This was demonstrated at the launch of the African Symposium on Statistical Development in Cape Town, and recently confirmed at the second such gathering, held in Rwanda.
The African Symposium on Statistical Development next comes to South Africa in 2058, once it has been hosted in rotation by each of the member states of the AU.
By this time, statistical practice based on the provisions of the African Statistics Charter should be firmly entrenched as the basis for the continent's programmes of social and economic development.
<fn>GOV-ZA.21jun20072En.2012-02-10.en.txt</fn>
StatsOnline is proud to announce the launch of two new interactive web-based data tools.
This facility enables users to create their own tables and view the results easily as charts and maps. Data currently available include that from the Census 2001 and the Community Profiles.
This facility allows users to search, locate, browse, analyse, and download a wide variety of census and survey data and metadata in various statistical formats. Data currently available include that from the Census 1970, Census 1980, Census 1985, Census 1991, Census 1996 and Census 2001. Data from the Labour Force Surveys (2000 - 2006) and the General Household Surveys (2002 - 2005) are also included.
These two tools add to the existing Time Series data facility, which provides downloadable time series data for selected economic and social series in ASCII, Excel and interactive (PX Web) format. PX-Web allows users to create their own tables on the website.
Census 1996 and Census 2001.
To access these tools, visit StatsOnline at www.statssa.gov.za and click on the 'Interactive Data' link on the homepage. Enquiries can be directed to User Services at info@statssa.gov.za or (012) 310-8600.
<fn>GOV-ZA.21junelegislaturesittingprogramme2En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.21may20082En.2012-02-10.en.txt</fn>
Tel. (012) 394 1396 2.
The national consultations on the biofuelsindustry strategy have been completed. A process of refining the strategy and taking into account the inputs of different stakeholders have been completed. The biofuelstask team is finalizing the strategy for submission to cabinet.
<fn>GOV-ZA.21may2010questionno1552En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.21oct20041En.2012-02-10.en.txt</fn>
South Africa's national accounts are drawn up according to a UN standard known as the 1993 system of national accounts (1993 SNA).
An account, in this context, is a tool that records, for a given aspect of economic life, the uses and resources or the changes in assets and the changes in liabilities and/or the stock of assets and liabilities existing at a certain time.
The transaction accounts include a balancing item, which is used to equate the two sides of the accounts (resources and uses).
While the 1993 SNA does not explicitly include the development of environmentally orientated statistics, the UN has a system for integrated environmental and economic accounting (SEEA) to provide a conceptual basis for implementing a 1993 SNA (satellite) system for integrated environmental and economic accounting. These are referred to as natural resource accounts (NRA).
NRAs is a system dealing with stocks and changes to natural assets. It is used in the sense of physical accounting as opposed to monetary accounting.
The SEEA describes the relationships between the natural environment and the economy. This is achieved by linking conventional economic accounts with environmental accounts and NRAs.
The purpose of SEEA is to support integrated social, economic and environmental policy through an integrated information system.
On Monday, Statistics SA released the first NRA for minerals. The data range from descriptions of extraction, changes in inventory, years to depletion, employment figures and the resources rent to the monetary accounts.
Resource rent is a measure of the scarcity value of extractive resources in total.
These accounts are also important for analysing and evaluating trends in the economy over time. This report contains the first official estimates for the NRAs for minerals for the years 1980 to 2001.
While there were 55 commodities produced in 2001, the release covers only three: gold, platinum and coal. These were chosen because of their contribution to gross domestic product (GDP).
Information was collected from 62 coal, 39 gold and 12 platinum operations. In 2001, the mining sector contributed R67.3 billion to the total GDP.
However, the value added generated by mining fell 1.3 percent in 2001 from 2000. The coal industry fell 0.6 percent, while gold mining fell 7.5 percent.
The report details the inverse relationship between tonnage extracted and years to depletion. For example, in 1980, gold production was 675.1 tons with 70 years to depletion versus 394.8 tons and 89 years in 2001.
Platinum production increased from 114.3 tons in 1980 to 129.8 tons in 2001. At 2001 extraction rates, platinum reserves can last for another 484 years.
Coal extraction rose from 115 million tons in 1980 to 223.5 million tons in 2001. At current rates, there are 246 years to depletion versus 511 years in 1980.
Over the course of the next year, Stats SA will develop environmental statistics by publishing NRAs for other focus areas.
Pali Lehohla is statistician-general and head of Stats SA. For more information on Stats SA and its statistical outputs, including this week's release of the natural resource accounts for minerals, visit www.statssa.gov.
<fn>GOV-ZA.21revisedexemptionreportinexemptionEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.21september20061En.2012-02-10.en.txt</fn>
Statistics measure more than a single point in time. For example, when Statistics SA releases the monthly consumer price index, it is the rate of change - month on month, or year on year - that is presented, rather than a static indicator of inflation.
This is the case for most economic data, regardless of whether they are designed to measure activity in a particular sector or total economic growth (gross domestic product).
Data from population censuses can, like information gathered through economic surveys, be used to measure the change in a country over time. In general, this sort of comparison can only be undertaken with accuracy and confidence if successive population censuses are conducted with high levels of consistency in terms of methodology (including standards, classifications and definitions) and data items on which information is gathered.
In South Africa, population censuses prior to 1996 did not profile the entire population, largely as a consequence of the apartheid policies and practices that official statistics were designed to support. However, a project is under way that attempts to compare data collected in previous population censuses.
This is linked to the African Census Analysis Project, a collaborative initiative between the University of Pennsylvania and African institutions specialising in demographic research and training.
As part of the project, a dedicated system, the Pan-African Census Explorer, is being developed, which aims to archive microcensus data and make them accessible.
In South Africa, this system aims to archive census data and metadata so that, wherever possible, information from censuses held in 1970, 1980, 1985, 1991, 1996 and 2001, as well as censuses held in former homelands (Bophuthatswana in 1980 and 1991, and the Ciskei and Venda in 1991) can be compared.
In a pilot project, Stats SA is attempting to use data from the 1991, 1996 and 2001 population censuses to measure change in a number of areas of Pretoria.
This is a complex exercise. In order to select areas for comparison, a common geography for Pretoria across 10 years had to be created. This involved linking enumerator areas - small parcels of land demarcated as a basis for organising the 2001 census - so as to create comparable geographical regions.
In the Pretoria pilot, Stats SA's geographical information system has been used to construct boundaries for areas that include previously middle- and upper-class white suburbs such as Sunnyside and Waterkloof; historically African townships including Mamelodi, Atteridgeville and Soshanguve; and areas of mainly Indian (Laudium) and coloured (Eersterus) residence.
Data from the three censuses have to be attached to each of these geographical areas. Data items to be compared for these areas, across the decade from 1991 to 2001, include age, gender, population group, language, level of education, work status, and industry (if employed).
The geographical areas have been designed to profile the nature of socioeconomic change over 10 years. It can be anticipated that some areas will reflect rapid change in the population group profile of residents (Sunnyside, for example). Other areas might reflect a change in socioeconomic or class characteristics, particularly where people of colour aspiring to middle-class status have moved into historically white areas that were the preserve of a white working class economically protected through apartheid.
The changing socioeconomic composition of areas that have remained largely constant in terms of population group (such as Mamelodi, Atteridgeville, Laudium and Eersterus) will also be examined carefully.
This exercise entails complex mobilisation of geographical information systems; and data harmonisation exercises where methodologies, data items, standards and classifications across censuses were inconsistent and incompatible.
Where the outcomes prove credible and useful, they will form the basis for similar profiling projects across South Africa.
<fn>GOV-ZA.21tourisEn.2012-02-10.en.txt</fn>
Tourism is South Africa's fastest growing industry and contributes about 7,1% of the Gross Domestic Product.
South Africa is the fastest-growing tourism destination in the world, with 6,4 million tourists having travelled to the country during 2002.
Overseas arrivals increased by 20,1% (just over 1,8 million) during 2002.
All of South Africa's key markets posted double-digit growth for the year, with Europe up 24,2% and North America up 9,2%. There was also an increase of 20,7% in travel from Asia, and 14,5% from Australasia.
Africa, contributing the bulk of foreign arrivals into South Africa (1,06 million) grew by 2,1% with close to 35 000 additional arrivals from Kenya, identified as one of South Africa's key emerging markets.
The United Kingdom (UK) and Germany led the influx of European tourists with 442 910 and 248 990 arrivals respectively.
The majority of travellers from Asia were from China (some 36 957), representing an increase of 24,5% from 2001. Travel from Australia increased by 15,1%.
Arrivals from the United States of America (USA) increased by 7% - an increase that was very welcome given the tough conditions affecting travel from that market.
Tourism employs about 3% of South Africa's workforce and is regarded as potentially the largest provider of jobs and earner of foreign exchange.
December 2002 recorded the highest monthly foreign tourist arrivals. More than 650 683 foreign tourists visited the country in comparison with the 575 831 recorded in December 2001, recording a 15,8% growth - the highest since 1998.
Arrivals from Africa increased by 7,8% to almost 4,4 million, despite the significant decrease from Lesotho, though this was offset by significant increases from Zimbabwe (22,1%) and Botswana (21,6%).
Tourist arrivals from Europe increased by 10,9% over January to March 2002, North America increased by 8,9%, while those from Australia were up 13,5%. Asia enjoyed 19,4% growth, boosted in no small part by 14 339 Indian visitors cheering on their cricket team during the 8th International Cricket Council (ICC) Cricket World Cup.
The 2003 first quarterly tourist-arrival statistics showed an increase of 11,3% compared with the same period in 2002 (January to March).
South Africa maintained its 2002 performance in the first quarter of 2003, despite adverse global conditions which included the war on Iraq, recession in three of the world's major economies and the outbreak of Severe Acute Respiratory Syndrome. This compared favourably with many of South Africa's competitors, who recorded sharp decreases across the board during the same period.
Tourism employs an estimated 3% of South Africa's workforce, and is regarded as potentially the largest provider of jobs and earner of foreign exchange. It is projected that in 2010, the South African tourism economy will employ more than 1,2 million people (directly and indirectly).
Tourism is the fourth-largest industry in South Africa, supporting some 6 500 accommodation establishments.
South Africa received several international tourism accolades in 2002.
In September 2002, South Africa was rated as a preferred tourist destination by the French travel industry, with over 21 000 tour operators and retail agents giving the country the thumbsup at TOP RESA, the annual travel and tourism trade show held in Deauville, France.
The United Kingdom (UK) travel publication Conde Nast Traveller awarded South Africa top place as the overall value-for-money long-haul destination.
The Conde Nast Awards are voted for by the readers of the influential magazine that focuses on well-travelled high-income earners in the UK.
Best Overall Tour Operators: South African Tourism has relationships with seven of the top 10: British Airways Holidays, Carrier, Trailfinders, Kuoni, ITC Classics, Abercrombie & Kent and Elegant Resorts.
positive global perceptions of peaceful political transition in South Africa. The fastest-growing segment of tourism in South Africa is ecological tourism (ecotourism), which includes nature photography, bird-watching, botanical studies, snorkelling, hiking and mountaineering.
National and provincial parks in South Africa, as well as private game reserves, involve local communities in the conservation and management of natural resources. These communities are not only benefiting financially from ecotourism, but are also becoming aware of their responsibility to the environment.
The high foreign-exchange value of ecotourism enables significant economic value to be assigned to ecological resources, in this way helping to promote their conservation.
Community tourism is becoming increasingly popular, with tourists wanting to experience South Africa in the many rural villages and townships across the country. (See Chapter 5: Arts and culture.
At national level, the Tourism Branch in the Department of Environmental Affairs and Tourism leads and directs tourism-policy formulation and implementation towards national tourism growth. It works in partnership with South African Tourism, the provincial tourism authorities, the tourism industry and other relevant stakeholders. It aims to ensure and accelerate the practical delivery of tourism benefits to the broad spectrum of South Africans, while maintaining sustainability and quality of life.
a special empowerment programme for capacity-building establishing a tourism-infrastructure investigations programme that will culminate in identified public-infrastructure-investment programmes mobilising funds to aggressively market South Africa as a tourism destination in international markets, through a focused marketing strategy launching a domestic tourism and travel campaign. A collaborative tourism action (cluster) process, which will provide the framework for taking tourism into the next millennium, has been launched. The process aims to achieve collective action among key stakeholders, to enhance tourism marketing, investment, skills and infrastructure development.
The Tourism Forum was established in December 1998 as an advisory body to the Minister of Environmental Affairs and Tourism. It comprises leadership drawn from government, business, public institutions and labour, with the common purpose of ensuring growth and development of the tourism sector.
sustainable funding mechanisms information systems human resource development (HRD) programmes international marketing the Welcome Campaign.
The Department has embarked on a legislative reform process to reflect the guidelines set out in the White Paper.
The Tourist Guides Awards, which aim to recognise the contribution made by South Africa's tourist guides in promoting the country as a must-see destination, were launched at the Tourism Indaba in Durban in May 2003.
The initiator of the Awards, the Department of Environmental Affairs and Tourism, will consult with relevant stakeholders to develop criteria for the competition.
The Department and the various provincial tourism authorities will be responsible for the co-ordination and launching of the Awards in their respective provinces.
The winners will be announced on World Tourist-Guide Day, 21 February 2004.
The Tourism Transformation Strategy was approved by Cabinet in November 2001. More emphasis is being placed on developing black-owned businesses within the tourism industry, by raising the proportion of government expenditure going to these businesses from 30% in 2001/02 to 50% in 2004/05.
A database of black-owned tourism enterprises was compiled to assist government departments with meeting affirmativeprocurement targets.
A public-private tourism transformation forum to promote Black Economic Empowerment (BEE) was established, with representatives from the Departments of Environmental Affairs and Tourism, of Trade and Industry and of Labour, the Tourism Business Council, the Development Bank of Southern Africa and the Industrial Development Corporation.
Other initiatives launched by the Department in 2002 to promote tourism included the formulation of an information booklet outlining the funding opportunities and assistance programmes available to small, medium and micro enterprises (SMMEs) within the tourism industry, the launch of a handbook on tourism-support programmes for SMMEs, and brochures and posters to create awareness about illegal tour guiding.
By early 2003, some R232 million had been committed and spent on tourism-development projects aimed at creating jobs and alleviating poverty in South Africa.
Almost R69 million had been invested in poverty-relief funding in respect of tourism, with over R10 million invested in the Free State alone.
By mid-2003, poverty-relief investment stood at a total of R290,6 million, of which R27,3 million was expected to be invested in the Free State. These poverty-relief projects promote the development of community-owned tourism products, such as lodges and the development of tourism infrastructure, including roads, information centres and tourism signage.
These poverty-relief projects are categorised into product development, infrastructure development, capacity-building and training, the establishment of SMMEs, and businessdevelopment projects.
Some 76 tourism craft projects, set up in all nine provinces in 2000/01, were expected to create 8 600 job opportunities.
Launched in December 1999 by the Minister of Environmental Affairs and Tourism, Mr Mohammed Valli Moosa, the Welcome Campaign encourages all South Africans to embrace tourism and share South Africa's rich natural and cultural heritage. The Campaign is run as a national general-awareness campaign, through roadshows and communityoutreach programmes.
South Africa's Tourism Month culminated in World Tourism Day celebrations in Upington in the Northern Cape on 26 September 2003.
The theme of World Tourism Day was Tourism as a Driving Force for Poverty Alleviation, Job Creation and Social Harmony.
The Minister of Environmental Affairs and Tourism, Mr Mohammed Valli Moosa, encouraged South Africans to travel and discover the beauty and diversity of the country, which is a preferred tourism destination.
One of the significant activities during Tourism Month 2003 was South African Tourism's groundbreaking partnership with South African Airways and the South African Broadcasting Corporation to bring focus to the nationwide Licence to Discover South Africa TV competition.
Other Tourism Month activities included local media tours, festivals, exhibitions, a schools' competition and the launching of several empowerment projects.
The success of South Africa's gravity-defying tourism growth bodes well for the industry's efforts in contributing to sustainable job creation and Gross Domestic Product growth.
Central to this commitment is the strategy of co-operation that has seen a total of 172 tourism projects funded by the Department since 2001.
Key events in which the Campaign has featured include the World Summit on Sustainable Development (WSSD) and the ICC Cricket World Cup.
Underpinning the Campaign is the message that tourism is the fastest-growing contributor to South Africa's future economic prosperity and plays a key role in job creation and socioeconomic upliftment.
Another facet of the Campaign is Tourism Month. This annual promotion, held in September, is designed to promote a culture of tourism among all South Africans.
SA Host, a basic customer-service training programme, was introduced in December 2001. The programme was originally developed in Canada and has been successfully run in 14 countries. It educates trainers to run the programme for learners who, if successful, are awarded a certificate and a lapel badge. SA Host's target was to train 5 000 learners by December 2003.
the Customer-Service Training Course and the Leader-Development Programme were aligned with the National Qualifications Framework a national trainer and three regional trainers were trained and are operating in Gauteng and the Western Cape some 30 trainers were trained to run the programme (63% previously disadvantaged, 70% female, and 70% in SMMEs).
The Department of Environmental Affairs and Tourism has provided funds to set up a further seven regional trainers throughout South Africa.
The launch of the Tourism Growth Strategy by South African Tourism in May 2002 gave proper direction and content to the industry. It also positioned Team South Africa and South Africa as a world-class destination. The Strategy seeks to increase tourist volumes, spend, and length of stay, and improve seasonality and geographic spread.
The Tourism Growth Strategy, which has been endorsed by the Cabinet, is based on detailed market research, and identifies priority markets for tourism and the target-market segments within these priority markets.
Priority markets have been identified in Europe (Britain, France, Italy, Germany, Spain and the Netherlands), Asia (India, China and Japan) and Africa (Southern African Development Community, Nigeria and Kenya).
increasing the length of time tourists spend in South Africa increasing the spending of tourists within South Africa ensuring that tourists travel throughout the country, and not just in a few provinces facilitating transformation and BEE in the tourism industry. The Cabinet approved the International Tourism Growth Strategy in June 2003. The Strategy includes an analysis of core markets and their segments, as well as broad proposals on matters like air travel. The Strategy also focuses on a marketing strategy, visa arrangements, security and local transport infrastructure.
The 2003 Tourism Indaba was held in Durban, KwaZulu-Natal, during May 2003.
The Indaba, Africa's largest annual travel and tourism exhibition, showcases products from international and national tour operators, hotel groups, travel agents and tourism boards.
The 2003 Indaba recorded a 8,8% increase in the number of delegates attending (more than 1 700), 263 of which were small, medium and micro enterprises.
When Durban first hosted the event in 1990, some 200 companies and 527 international delegates and media attended.
critical economic-growth driver and source of employment opportunities.
South African Tourism has overseen the launch of four integrated global marketing campaigns featuring value-for-money packages during South Africa's traditional low season - the My South Africa Story Campaign in the USA, Live the Moment in India, The Great Urban Getaway Campaign in Kenya and Tanzania, and the Sunsation Campaign in the UK. Plans are in the pipeline to extend and expand these Campaigns into other core markets such as Germany and France.
South Africa has also made its mark as a world Meetings, Incentives, Conferences and Exhibitions (MICE) destination.
South African Tourism has leveraged the opportunities afforded by a number of highprofile events, including the 2002 WSSD - the largest gathering of its kind in the history of the United Nations (UN).
This event demonstrated to the world that as a stable democracy, South Africa has the capacity to provide secure, state-of-the-art meeting places and support services for world leaders to hold high-level talks.
The success of the WSSD and a series of very successful major international conferences, hosted in different venues in South Africa, culminated in the hosting of the longest and largest Cricket World Cup in the history of the tournament.
Another highlight was the signing of the official Memorandum of Understanding between South Africa and the People's Republic of China, paving the way for increased tourism activity with what is forecast to be the world's largest tourist market by 2010.
South African Tourism's e-business platform was also successfully launched in 2002, with the number of website hits increasing from 12 000 at first, to more than two million per day. The programme has been expanded to include the development of a national database of over 30 000 products, indicative of the growth of this industry.
South Africa signed a Declaration of Intent on tourism co-operation with Spain in February 2003.
The signing is a confirmation of the importance that both countries bestow on tourism in terms of economic development, exploration of historical and cultural heritage, and cooperative relations.
The Department of Environmental Affairs and Tourism, the Business Trust, and Ebony Consulting International launched the R129-million TEP to promote growth in the tourism industry.
By September 2003, the TEP had assisted 1 200 SMMEs and created 10 000 jobs. The primary objective of the Programme is to develop skills capacity and the participation of 75% of historically disadvantaged enterprises within the tourism economy.
Tourism HRD is considered one of the pillars of the development of a new responsible tourism culture in South Africa.
The Department has supported the full introduction of travel and tourism and hospitality studies as a subject in schools. Travel and tourism was introduced in 2000 in all schools wanting to offer the subject from Grades 10 to 12.
The South Africa Fundi Tourism Expert Course, launched at the Tourism Indaba 2003, is aimed at making international travel agents and tour operators experts on what the country has to offer, thereby increasing South Africa's market share.
The material of the eight-week course covers a wide spectrum of subjects, which include basic facts about South Africa, a comprehensive overview of South Africa's products, general infrastructure and detailed coverage of provinces, towns and cities.
hotels provision of short-stay accommodation restaurants, bars, canteens and other catering services travel agencies and related activities destination management motor-car rental services conservation, game parks and zoological establishments gaming and gambling. The South African Tourism Institute (SATI) was established with the assistance of the Spanish Government, which provided some R13 million for the project.
SATI initiated a number of projects that will create a supportive learning environment for teachers, high-school learners and employees in the tourism industry.
SATI focuses on teacher-development programmes with the intention of enhancing the delivery quality of the travel and tourism and hospitality subjects.
The project began with 14 schools and 800 learners in 1996, growing to 368 schools and 40 000 learners in 2002.
SATI trained over 600 educators on tourism, provided 200 learners from disadvantaged backgrounds with tourism internships, and created tourism awareness in over 540 schools.
There is also emphasis on capacity-building of Department of Education officials as well as educators.
A loan and bursary scheme established for higher education had benefited 45 students by mid-2002, with almost 90% of awards going to the previously disadvantaged. This scheme is operated by the National Student Financial Aid Scheme.
A SATI resource centre has been established, containing electronic and physical resources on many aspects of tourism and its related industries. The centre is open to the public. (See www.sati.web.za.
Other developmental projects are also under way that include working with tourism departments and industry to develop levels of customer service and staff training.
SATI, in conjunction with the Sunday Times and with the endorsement of the Minister of Environmental Affairs and Tourism, launched an eight-week educational initiative, which allowed readers to set up and successfully operate their own bed-and-breakfast establishment or guest-house.
A partnership between the South African business community, via the Business Trust and the Department of Labour, is aiming to train 17 000 people, most of them unemployed, between 2000 and 2004. The Tourism Learnership Project aims to elevate skills, service and productivity levels in the tourism, conservation and hospitality subsectors. By August 2002, some 21 learnerships had been registered. The project is supported by almost 150 companies in developing the 1 500 employed and 2 000 unemployed learners.
Southern Africa has become one of the most popular big-game hunting regions in the world. It offers a great variety to trophy hunters, including the Big Five, namely elephant, white rhino, lion, leopard and buffalo, as well as 26 species of antelope.
Hunting proclamations of the various provinces differ and are promulgated annually. The hunting season is normally during the winter months, from May to the end of July.
Most species may be hunted legally by nonland-owners during the hunting season, provided they have the written consent of the landowner and a valid hunting permit issued by the appropriate conservation authority.
Trophy hunting by overseas clients is subject to uniform legislation throughout South Africa, and all hunters are required to be accompanied by registered professional hunters and have their hunts arranged by approved hunting outfitters.
All nine provinces provide schedules of ordinary, protected and specially protected game. Ordinary game may be hunted under licence during an open season. Protected game may be hunted only under permit and licence, the fee depending on the species. Specially protected game, which includes grysbok, klipspringer, red hartebeest, giraffe, black rhinoceros, pangolin and antbear, may not be hunted at all.
A learnership consists of structured workplace learning and structured off-the-job learning. On successful completion, a national qualification is awarded.
The Department of Environmental Affairs and Tourism has commissioned tourism hospitality, education and sports training authorities to train tour guides, with the specific aim of empowering the unemployed and previously disadvantaged individuals.
By May 2003, there were 5 645 registered tour guides in South Africa, 1 058 of whom were black.
Every person wishing to enter South Africa must be in possession of a valid passport for travel to South Africa and, where necessary, a visa.
The Immigration Act, 2002 (Act 13 of 2002), stipulates that all visitors to South Africa are required to have a minimum of one blank page (both back and front) in their passport to enable the entry visa to be issued.
If there is insufficient space in the passport, entry will be denied.
Enquiries can be directed to South African diplomatic representatives abroad or the Department of Home Affairs in Pretoria. Visas are issued free of charge. Visitors who intend travelling to South Africa's neighbouring countries and back into South Africa are advised to apply for multiple-entry visas. Passport-holders of certain countries are exempt from visa requirements. Tourists must satisfy immigration officers that they have the means to support themselves during their stay and that they are in possession of return or onward tickets. They must also have valid international health certificates.
Visitors from the yellow-fever belt in Africa and the USA, as well as those who travel through or disembark in these areas, have to be inoculated against the disease.
Malaria is endemic to parts of KwaZulu-Natal, Mpumalanga and Limpopo. It is essential to take precautions when visiting these areas.
Foreign tourists visiting South Africa can have their value-added tax (VAT) refunded, provided the value of the items purchased exceeds R20. VAT is refunded on departure at the point of exit.
South Africa's transport infrastructure - airlines, railroads, roads, luxury touring buses (coaches) and motor cars - is such that tourists can travel comfortably and quickly from their port of entry to any other part of the country. A number of international airlines, including South African Airways, operate regular scheduled flights to and from South Africa. Several domestic airlines operate in the country. There are also mainline trains to all parts of the country. (See Chapter 22: Transport.
A brochure entitled Helpful Hints to Make Your Stay Enjoyable and Safe is distributed to tourists at international airports.
The tourist accommodation industry in South Africa provides a wide spectrum of accommodation, from formal hotels to informal holiday flats and cottages, game lodges and reserves, guest-houses, youth hostels and bed-andbreakfast establishments.
A variety of promotional material on South Africa is available. Comprehensive guides and maps cover all the regions and aspects of interest to tourists, including accommodation. Various useful tourism websites can be found on the Internet. (See also Suggested reading, p.616.
The Tourism Grading Council of South Africa (TGCSA) was appointed in September 2000 to inspect the standards in the hospitality and accommodation industry.
The voluntary grading system, which was launched in 2001, uses internationally recognised star insignia to rate accommodation establishments initially, and will be extended to include relevant businesses in classified sectors of the tourism industry. Once graded, establishments will be encouraged to utilise the star system for marketing and advertising purposes.
Since its inception in 2001, the TGCSA has been directly responsible for an additional R76,5 million being invested in hotels, lodges, guest-houses, bed-and-breakfast and selfcatering establishments.
Management at 34 hospitality establishments that have adopted TGCSA's National Star-Grading Scheme decided to invest the R76,5 million in refurbishing and other infrastructure spending.
Grading assessors undergo training to receive the National Certificate in tourism grading. The awarding of such a qualification is a world-first. Assessors are then accredited with THETA and registered with the TGCSA before being recommended to the industry. Larger group hotels with their own internal assessors will also be accredited with THETA. Independent auditors conduct random audits. These auditors also assist in ensuring that the assessors adhere to a Code of Conduct.
By March 2003, more than 1 200 accommodation establishments had been graded as part of the Star-Grading System. Forty-eight independent assessors, including 15 from historically disadvantaged backgrounds, have been trained and accredited to undertake grading on behalf of the TGCSA. The star grading is the only system recognised by government and the Tourism Business Council.
By March 2003, the Council was working with representatives from the Meetings Incentive, Conference and Exhibitions Industry (MICE) industry to develop customer-orientated, practical and relevant star-grading criteria for the sector.
South Africa will be one of the first countries in the world to have national grading criteria for the MICE venues sector.
Implementation of the star-grading criteria for caravan and camping facilities was expected to commence during the middle of 2003.
The TGCSA is also in the process of developing star-grading criteria for backpacker and hostel establishments, conference venues, restaurants, tour operators and tourist transport service-providers.
By April 2003, the TGCSA was engaging representatives from the food and beverage industry (coffee shops, restaurants, bars, etc.) in developing star-grading criteria for the sector.
South African Tourism has launched several initiatives aimed at ensuring the safety of travellers to the country.
These include a partnership initiative with the oil company Engen and the Tourism Information and Safety Call Line, which provides tourists with information on what to do in an emergency and where to locate services.
The line, 083 123 2345 is operational 24 hours per day.
The Department of Environmental Affairs and Tourism has established a National Tourism Safety Network, which is a multistakeholder structure comprising provincial representatives, the South African Police Service (SAPS), metro police, organised local government, community policing structures, South African Tourism and other key stakeholders.
The forum has so far developed a Tourism Safety Communications Strategy that is presently being implemented by provinces. It has also redrafted the National Tourism Safety Tips for visitors and established agreement in the industry to distribute only the new documents to tourists.
The Mpumalanga Provincial Government announced in April 2003 that it would be spending R1,4 million to establish permanent tourism-safety monitors.
The Tourism-Safety Monitors Project was launched in December 2002 as a pilot project aimed at preventing and curbing criminal attacks against both domestic and foreign visitors. Some 85 youth were trained and placed at more than 10 tourist points in the province.
The Western Cape Government established the Western Cape Tourism Safety Forum, a task team joining tourism bureaux, the SAPS and community-safety authorities.
Together they ensure that tourists who are involved in incidents of crime receive humanitarian support.
On 15 and 16 October 2003, the provincial Government hosted the Tourism Safety Conference in Cape Town to discuss issues around tourism safety.
The Conference harnessed the collective thinking of tourism and safety stakeholders to come up with consistent and co-ordinated actions.
The Western Cape continues to be one of the most favoured destinations for foreigners. It is estimated that tourism accounts for about 9,1% of the Western Cape's regional product and employs a similar proportion of the formal workforce.
The Western Cape Tourism Board serves eight different regions.
The Cape Metropolitan Area is divided into six different local areas, namely Cape Town, the South Peninsula, Blaauwberg, Helderberg, Tygerberg and Oostenberg. Tourist life in the city of Cape Town centres around the Victoria & Alfred (V&A) Waterfront, a working harbour offering everything from upmarket shopping malls, arts and craft markets, theatres and live music, to museums.
Major attractions in the city include the Bo-Kaap Museum, the Castle of Good Hope, the Company's Garden, the District Six Museum, flea markets, the Grand Parade, the Houses of Parliament, the South African Cultural History Museum and the South African National Gallery.
Also worth a visit are historical buildings in the Bo-Kaap and District Six.
The Gold of Africa Museum was opened in February 2002. Established by Anglo Gold, it is home to a celebrated collection of more than 350 gold artefacts.
Air flips and trips are available, as well as many boat and yacht trips from Table Bay Harbour, including trips to Robben Island (proclaimed a World Heritage Site and also the place where former President Nelson Mandela was imprisoned for a number of years), which is fast becoming one of South Africa's premier tourist attractions.
The Nelson Mandela Gateway to Robben Island is situated in the Clock Tower Precinct at the V&A Waterfront. The Gateway houses interactive multimedia exhibitions, an auditorium, boardrooms, a new Robben Island Museum shop and a restaurant.
Table Mountain is a popular site for visitors and provides the majestic backdrop to the vibrant and friendly Mother City. It can be reached by an ultra-modern cableway. The Mountain forms part of the Cape Peninsula National Park.
Newlands is home to the Kirstenbosch National Botanical Garden. In summer, various open-air concerts are held and visitors can bring their own picnic baskets.
At the South African Rugby Museum, visitors can view the history of the sport back to 1891.
The Rhodes Memorial is situated at Rondebosch on the slopes of Table Mountain. It was built of granite from the Mountain as a tribute to the memory of Cecil John Rhodes, Prime Minister of the Cape from 1890 to 1896.
The Buffelsfontein Visitor Centre at Cape Point, officially known as the Cape of Good Hope section of the Cape Peninsula National Park, was officially opened in January 2003.
The Centre houses a full complement of artefact displays, state-of-the-art audio-visual equipment and information material covering all aspects of the area's natural and cultural wealth.
buildings designed by Sir Herbert Baker.
At Cape Point, part of the Cape Peninsula National Park, there are many drives, walks, picnic spots and a licensed restaurant. Care has been taken to protect the environmental integrity of this 22 100-hectare (ha) reserve of indigenous flora and fauna.
Simon's Town's naval atmosphere and Historic Mile are major attractions in the area. A statue of the famous dog and sailor's friend, Able Seaman Just Nuisance, stands at Jubilee Square.
Other attractions include the South African Naval Museum and the Warrior Toy Museum. One of only two mainland jackass-penguin breeding colonies in the world can be found at Boulders Beach.
Hout Bay is well-known for its colourful working harbour. Seafood outlets, round-thebay trips to the nearby seal colony, shell and gift shops, and a famous harbourfront emporium attract many visitors. Duiker Island, opposite The Sentinel, is a seal and sea-bird sanctuary. The World of Birds Wildlife Sanctuary is one of the largest bird parks in the world and provides a home for some 3 000 birds. Visitors can walk through the large landscaped aviaries.
Against the backdrop of the magnificent Hottentots Holland and Helderberg Mountains, the Helderberg region is a paradise for tourists. Hiking and bird-watching in the Helderberg Nature Reserve, the historic Vergelegen Wine Farm and the Helderberg Wine Route offer something for everyone. Golfers can play a round at the popular Erinvale Golf Course, while a scenic viewpoint on Sir Lowry's Pass offers uninterrupted views across False Bay.
In Oostenberg, visitors can enjoy some fine wine and flower farms, such as Zevenwacht Wine Estate with its graceful Cape Dutch homestead. At Tygerberg Zoo, visitors can see a collection of exotic animals. Endless stretches of quiet beaches provide popular surfing and windsurfing spots. Big Bay in Bloubergstrand is a surfer's paradise and is host to an international windsurfing event. Rietvlei Nature Reserve is a unique wetland area, boasting over 110 bird species, including pelicans and flamingos.
Century City with the massive Canal Walk shopping mall (over 350 stores) is a tourist haven.
Canal Walk Century City is the largest shopping centre in Africa, with close to 400 shops and home to the largest movie complex in South Africa.
A state-of-the-art olympic-size ice-rink, an amusement park and an upmarket casino are on offer at GrandWest Casino and Entertainment World.
Ratanga Junction, Africa's first full-scale theme park, is situated next to Century City. It offers adrenaline-pumping thrill rides, roller coasters, kiddie rides, and snake and bird shows.
Tygerberg is a vibrant and fast-growing area with a well-developed business centre, numerous sports fields, an international indoor cycle track, well-kept golf courses, a racecourse and a casino.
South Africa's Blue Train is one of the world's most luxurious railway services. The Train runs between Cape Town and Pretoria, to Hoedspruit in Mpumalanga and along a section of the Garden Route between Cape Town and Port Elizabeth. A trip to the Victoria Falls in Zimbabwe is also offered.
Each Blue Train compartment has a bathroom en suite, featuring either a bath or shower, a telephone, television and individually controlled air-conditioning. A video channel allows guests to access short documentaries about the area through which the Train is travelling, while a large screen in the club car provides an eye-view of the track ahead, courtesy of a camera mounted onto the front of the locomotive.
Features include CD players and video machines in the luxury compartments. Professionally trained personnel are on call for guests 24 hours a day.
The 380-m long Train has 18 carriages, accommodates 84 passengers and 27 staff members, and travels at a maximum speed of 110 km/h.
The Garden Route has a well-developed tourist infrastructure, making the region popular all year round.
The pont at Malgas is the only remaining pont in the country, ferrying vehicles and livestock across the Breede River. Whale-watching attracts tourists at Witsand and Port Beaufort from June to November. The area also has a few free-range ostrich farms.
The Grootvadersbosch Nature Reserve outside Heidelberg comprises the popular Bushbuck Trail, a wilderness trail and two mountain-bike trails.
Riversdale is one of South Africa's most important fynbos export areas. Other attractions include the Julius Gordon Africana Museum.
At the historical Strandveld Architectural Heritage Site at Still Bay, visitors can watch tame eels being fed. Ancient fish-traps can be seen at Morris Point and the harbour.
At the aloe factories at Albertinia, aloe juices are extracted for medicine and highquality skin-care products.
Nearby, bungee-jumping on the Gourits River Gorge, hiking, mountain-biking and angling are popular pastimes.
At Mossel Bay, the Point, a well-liked area for surfers, also features a natural pool formed by rock - a popular swimming place at low tide. The St Blaize trail starts here and it is the ideal spot to watch the whales and dolphins at play in season. There is plenty to do in Mossel Bay, such as suntanning on the 24-km beach, shark diving and hiking.
The harbour at Mossel Bay is one of the most modern commercial and recreational harbours on the southern Cape coastline. The Information Centre at PetroSA (formerly Mossgas) informs visitors about the project and the production of synthetic fuels from Mossel Bay's offshore gas fields. Other attractions include the Attequas Kloof Pass, AngloBoer/South African War blockhouses and the Bartholomew Dias complex.
Great Brak River offers a historic village with many opportunities for whale and dolphin watching along the extensive coast. Game farms hosting four of the Big Five enrich the wild and bird life.
George is at the heart of the Garden Route and the mecca of golf in the southern Cape, as it is home to the renowned Fancourt Country Club and Golf Estate and various other acclaimed golf courses. Board the Outeniqua Choo-Tjoe on its daily trip along the coastline between George and Knysna (except Sundays) at the Outeniqua Transport Museum, where one can enjoy a variety of enterprises. Visitors can also board the Power Van here, and enjoy a glimpse of the Garden Route Botanical Garden.
The George Museum with its timber history as theme offers ongoing exhibitions. The Montagu and Voortrekker Passes are national monuments, providing spectacular views of the Outeniqua Nature Reserve, which offers several hiking trails.
The George Airport, the Outeniqua Pass, the railway line and the N2 offer excellent access and make George the ideal hub from which to explore the Garden Route and Little Karoo.
Victoria Bay and Wilderness are popular for their safe bathing and unspoilt nature. Wilderness is the western gateway to the southern Cape lakes area. It's a nature lover's paradise, best known for its beaches, lakes, placid lagoon and lush indigenous forests. Bird watchers flock to the Langvlei and Rondevlei Bird Sanctuaries in the Wilderness National Park, which host over 230 different bird species. Other activities include biking, abseiling, horse-riding, paragliding, scenic drives, canoeing, scuba diving and fishing.
Sedgefield borders Swartvlei Lagoon, the largest natural inland saltwater lake in South Africa. Activities include beach horse-riding, hiking, angling and bird-watching.
Knysna has officially become South Africa's favourite destination. What makes it unique is the fact that the town nestles on the banks of an estuary, guarded by The Heads (two huge sandstone cliffs) surrounded by indigenous forests, tranquil lakes and golden beaches.
This natural wonderland is home to the largest and smallest of creatures, from the Knysna seahorse to the Knysna elephants, rare delicate butterflies and the endemic Knysna loerie, a colourful forest bird. Over 200 species can be found in the abundant fynbos and forest settings.
Knysna is also famous for its delectable home-grown oysters, enjoyed with locally brewed beer in quaint pubs and restaurants. An eclectic mix of art galleries showcases the diversity of talent in the area. The area also offers lagoon cruises, forest hikes, golf and adventure sports. A visit to the Knysna Quays is a must.
Plettenberg Bay is adventure country, offering boat-based whale watching, black water tubing, hiking, and forest and cycling trails. Look-Out Beach is one of the Blue Flag beaches in South Africa.
The Keurbooms River Nature Reserve at Plettenberg Bay offers a canoeing trail, and the Robberg Nature Reserve is a treasure trove of land, marine, geological and archaelogical wealth.
The Tsitsikamma National Park offers many scenic walks and trails, including the worldfamous Otter Trail. It also boasts the only underwater trail in Africa. The Park is South Africa's first proclaimed marine reserve.
There are several bungee-jumping spots in the area, including the highest bungee jump in the world at the Bloukrans River Bridge. Other popular activities include boat cruises, trout-fishing, whale watching, diving, sea-kayaking, gliding, golfing, abseiling and canoeing.
The Klein is a semi-desert area broken by unexpected lush river valleys. Excellent wines and port are produced in the Calitzdorp and De Rust areas.
Oudtshoorn, the world's ostrich-feather capital, is the region's main town. The Swartberg Nature Reserve and Pass are also worth a visit. The Klein Karoo Nasionale Kunstefees is held in the town annually. Some 29 km from Oudtshoorn lie the remarkable Cango Caves, a series of spectacular subterranean limestone caverns. Bearing evidence of early San habitation, the 30-cave wonderland boasts magnificent dripstone formations. Between 200 000 and 250 000 people visit the Caves annually.
Amalienstein and Zoar are historic mission stations midway between Ladismith and Calitzdorp. Visitors can go on donkey-cart and hiking trails through orchards and vineyards, while the Seweweekspoort is ideal for mountain-biking, hiking, and protea and fynbos admirers.
Calitzdorp boasts four wine estates, three of which are open to the public. The spring water of the Calitzdorp Spa is rich in minerals and is reputed to have medicinal properties. The Gamka Mountain Reserve is home to the rare and endangered Cape mountain zebra.
De Rust lies at the southern entrance to Meiringspoort. The Meiringspoort Gorge extends 20 km through the Swartberg Mountain Range. Halfway through, a beautiful 69 mhigh waterfall can be seen. Wine farms in the area are open to the public.
Ladysmith is home to the Towerkop Cheese Factory. There are various hiking trails, mountain-biking trails and 4x4 trails in the area. The Anysberg, Klein Karoo and Towerkop Nature Reserves can also be visited.
Uniondale, on the main route between George and Graaff-Reinet, features the largest water-wheel in the country, the Old Watermill. Uniondale Poort is a scenic drive linking Uniondale with Avontuur in the Langkloof Valley.
At Vanwyksdorp, visitors can see how fynbos is dried and packed for the export market. Donkey-cart rides take visitors to AngloBoer/South African War grave sites.
The Central Karoo forms part of one of the world's most interesting and unique arid zones. This ancient, fossil-rich land with the richest desert flora in the world, also has the largest variety of succulents found anywhere on earth. There are over 9 000 plant species in the Karoo, and the Beaufort West area alone is home to more species than the whole of Great Britain.
Beaufort West, the oldest town in the Central Karoo, is often referred to as the 'Oasis of the Karoo'. The local museum features a display of awards presented to pioneer heart transplant surgeon, the late Prof. Chris Barnard, a son of this town. Close by is the Karoo National Park, which is home to a huge range of game as well as the highly endangered riverine rabbit.
The village of Matjiesfontein, a national monument, offers tourists a peek into the splendour of Victorian England. The village houses a small railway museum, a private motor museum and the largest privately owned museum in South Africa.
The vastness of the Great Karoo can best be experienced at Murraysburg, an ecotourist and hunter's paradise, while the geology of the region can be studied at Laingsburg, a tiny village once almost completely wiped out by floods.
Prince Albert is a well-preserved town which nestles at the foot of the Swartberg Mountains. The Fransie Pienaar Museum offers interesting cultural-history displays, a fossil room and an exhibit of the old gold-mining activities of the 19th century. The Museum has a license to distil and sell witblits (white lightening). Prince Albert is the closest town by road to Gamkaskloof.
The Hell, a little valley in the heart of the Swartberg Mountains, was the home of one of the world's most isolated communities for almost 150 years. Today, it is a nature reserve and national monument managed by Cape Nature Conservation. It is accessed from the peak of the Swartberg Pass.
Whether it is its magnificent natural beauty, its rich cultural heritage or its world-renowned wines, the Winelands region is synonymous with the best that the Cape has to offer. Splendid mountains, gabled Cape Dutch homesteads and lush vineyards provide a splendid backdrop to the towns of Stellenbosch, Paarl, Wellington, Franschhoek and the Dwarsrivier Valley.
Franschhoek, originally known as Oliphantshoek, was named after the arrival of Huguenots who were predominantly French. The Huguenot Monument was built in 1944 to commemorate the 250th anniversary of their arrival in 1688. The Huguenot Museum depicts the genealogical history of these families. Visitors can also enjoy various hiking trails and historical walks, as well as the Vignerons de Franschhoek wine route.
Paarl lies between the second-largest granite rock in the world and the Du Toit's Kloof Mountains and is famous for its architectural treasures found along a 1-km stretch of the Main Street featuring, among others, Cape Dutch and Victorian architecture.
The Afrikaanse Taalmonument is situated on the slopes of the Paarl Mountain while the Afrikaanse Taalmuseum is in the centre of the town.
Visitors can also visit various animal attractions like the Drakenstein Lion Park, Animal Zone or Le Bonheur Crocodile Farm. The Paarl Mountain and Nature Reserve, rich in its natural beauty, is known for its enormous 500 million-year-old granite rocks.
The Western Cape walked away with all the awards at the 2002 Engen Town of the Year Competition.
Cape Town was named the City of the Year, while the prize for the town category went to Knysna. Montagu, situated midway between Cape Town and Knysna, took the trophy for the village category.
Stellenbosch through the Helshoogte Pass, so named because of its dangerous curves.
Enter the Banhoek Valley, to which unruly slaves were banished from the castle in the late 1700s. These slaves found freedom in the secluded mountain areas. They interacted with other slaves on the already established farms and started their own settlements. Today Kylemore is one of these small dorpies. Further down the road is the little town of Pniel. When slaves were emancipated in 1834, those who were not tradesmen or entrepreneurs were quite adept at fruit farming, but had no land to tend. A concerned philanthrophic organisation bought land on which a mission station was established in 1843. Places of interest include the Freedom Monument, which was erected in 1992 - a symbol to commemorate the freed slaves who were the first settlers at the mission station.
Stellenbosch is the second-oldest town in South Africa, and is also known as the Eikestad (city of oaks). Various historical walks will delight visitors. Dorp Street consists of one of the longest rows of old buildings in the country. The Stellenbosch Village Museum consists of four homesteads and gardens ranging from the late 17th to the middle 19th centuries.
A number of nature reserves provide excellent hikes. The town hosts various festivals, including the Simon van der Stel Festival, which takes place in October each year to commemorate the birthday of the founder of Stellenbosch, and the Stellenbosch Food and Wine Festival.
At the Oude Libertas Amphitheatre, visitors can enjoy concerts, and ballet between December and March. The Spier Summer Arts Festival also livens up sultry summer nights from November to March at the Spier Wine Estate near Stellenbosch. The Stellenbosch Wine Route comprises over 100 wine estates.
Wellington, which is steeped in history and tradition, has a magical atmosphere that will captivate you once you discover the town, its people and its myriad attractions. Apart from fine cuisine and pleasant accommodation, visitors can explore its rich inheritance of historic buildings, experience fynbos hikes, horse riding and mountain biking. Bain's Kloof Pass is regarded as the proud legacy of all inhabitants of the Drakenstein Valley and is of great importance for tourism.
Flower lovers will certainly enjoy the chrysanthemum show in May, the longest running such show in South Africa. More than 90% of South Africa's vine-cutting nurseries are found in Wellington. The town is also the home of South Africa's dried-fruit industry.
The Ikhwezi Community Centre, situated between Paarl and Wellington, empowers disadvantaged women and children through craft projects. Handmade articles such as beautifully coloured woven rugs and tapestries, patchwork quilts, hand-embroidered linen and children's clothing are sold at the Centre. Cultural dancing, a marimba band and traditional Xhosa and Malay food are available.
Homestays have been developed in the Winelands region, where guests can become part of the host's family and experience community life.
Kayamandi, Cloetesville, Idas Valley and Jamestown in the greater Stellenbosch area, offer cultural experiences, with the vibrant townships offering genuine African hospitality. With a local resident of the township as the guide, enjoy a drive around the township, take a tour of the hostels, experience African contemporary music, or simply sip a homemade beer.
The West Coast comprises the Olifants River Valley, the Swartland and the coastal areas bordering the Atlantic.
Within the first two months of the first good winter rains, wild flowers on the West Coast explode in a brilliant array of colour. The area is famous for its abundance of seafood and cultural-historical heritage sites.
The town of Darling draws visitors to its country museum and art gallery, annual wild flower and orchid shows, basket factory and wine cellars. The entertainment venue Evita se Perron is situated at the old Darling Railway Station and offers top entertainment from local entertainers.
The Hartbeeshuisie at Hopefield is a replica of the original reed-built houses of the area.
Langrietvlei, a national monument, boasts a Guernsey and Hereford stud, a honey farm and hiking trails.
Langebaan is a popular holiday destination. The West Coast National Park, an internationally renowned wetland which houses about 60 000 waterbirds and waders, attracts thousands of visitors each year.
The Park is also the site where the oldest anatomically modern fossilised human footprints, were discovered. The site at the farm Elandsfontein near Hopefield where the human skull cap referred to as the 'Saldanha Man' was discovered, and the Park, form part of the West Coast Fossil Route.
The West Coast Fossil Park is situated 110 km north of Cape Town. Visitors to the Park can learn about the animal life and climate changes that occurred in the Western Cape five million years ago. The Park is also used for research programmes.
The Langebaan Lagoon forms part of the Park and is zoned for specific activities. The Postberg section of the Park, across the Lagoon, is famous for its wild flowers, blooming mainly during August and September. Bird watching, fishing, hiking, horse-riding and whale watching (in spring) are some of the activities on offer.
Cape Columbine at Paternoster is the last manned lighthouse built on the South African coast. The Columbine Nature Reserve is home to many seabird species.
Saldanha is a water-sport enthusiast's paradise. Other attractions include Doc's Cave, a landmark on the scenic breakwater drive, and the Hoedjieskoppie Nature Reserve. There are various hiking trails in the SAS Saldanha Nature Reserve.
The annual Harvest Festival of the Sea at Saldanha commemorates those people who lost their lives at sea.
St Helena Bay is best known for the Vasco Da Gama Monument and Museum. Fishing (snoek in season), hiking, bird and whalewatching opportunities also draw many visitors.
Vredenburg, the business centre of the area, offers shopping opportunities, cinemas and other essential services. The golf course just outside the town is very popular and boasts a bird hide where various species can be viewed.
Lambert's Bay is a traditional fishing village with Bird Island as a tourist attraction. It is a breeding ground for jackass penguins, Cape cormorants and other sea birds. Visitors can also watch southern right whales from June to November.
The picturesque town of Doringbaai with its attractive lighthouse is popular for its seafood. The crayfish factory in town can be visited by appointment.
Strandfontein, situated about 8 km north of Doring Bay, is essentially a holiday and retirement resort. The interesting location of the town and its breathtaking view of the ocean present a priceless panorama.
At Velddrif/Laaiplek, visitors can indulge in some bokkom (a West Coast salted-fish delicacy) at factories along the Berg River. Tourists can also visit the salt-processing factory or the West Coast Art Gallery in town.
Yzerfontein is famous for its unspoilt beaches, fynbos, beautiful views and whalewatching. Another major attraction is the historical lime furnaces.
During winter, the Olifants River Valley is filled with the heady scent of orange blossoms. The citrus area in the Valley is the third-largest in South Africa. The wine route from Citrusdal to Lutzville boasts a selection of internationally acclaimed wines. The world-renowned rooibos tea is also produced here.
Citrusdal is famous for its citrus products and wines. The Citrusdal Museum depicts the pioneering days of the early colonists.
The Goede Hoop Citrus Co-op is the largest single packing facility in South Africa.
The annual Citrusdal Outdoor Calabash features, among others, 4x4 outings, lectures and visits to rock-art sites, and an arts and crafts market.
The Sandveldhuisie is a recently built example of a typical Sandveld dwelling. There are several recognised mountain-biking routes, walking, hiking and canoeing trails, and a skydiving club. The Cederberg Wilderness Area features the elephant's foot plant, the rare snow protea, and the best examples of San rock art in the Western Cape.
Visitors to Clanwilliam can visit the rooibos and velskoen factories, the grave of the well-known South African poet Louis Leipoldt, and the Englishman's Grave. Various historical buildings can also be viewed. The Clanwilliam and Bulshoek Dams are popular among watersport enthusiasts.
At Wupperthal, the oldest Rhenish Mission Station, at the foot of the Cederberg Mountains, a self-help footwear-development project is under way. Workers sell the velskoens to retailers, primarily in Gauteng and the Western Cape. Proceeds from 4x4 trails in the area go to community coffers for new hiking trails and building more overnight huts and guest-houses.
Graafwater is situated in an area well known for its potato produce. Tourists can visit the Heerenlogement, an overhang used as an overnighting site by early settlers.
Klawer was named after the wild clover growing in the area. During the flower season, the area is a kaleidoscope of colour. Visitors can go on a hiking trail along the Doring River, as well as on a river-rafting trail.
Lutzville and Koekenaap are synonymous with wine and flowers in season.
Visitors can also view the Sishen-Saldanha Railway Bridge. Where the railway line spans the Olifants River, it is divided into 23 sections, each 45 m long. The 14 100-ton deck was pushed into position over teflon sheets with hydraulic jacks from the bridgehead. It is the longest bridge in the world built using this method.
Vanrhynsdorp houses the largest succulent nursery in South Africa. The Latsky Radio Museum houses a collection of old valve radios, some dating back to 1924. Bird watching, mountain biking, day walks, hiking and 4x4 trails abound. The Troe-Troe and Rietpoort Mission Stations are a must-see for historians.
Vredendal is the centre of the Lower Olifants River Valley. Major attractions include marbleprocessing and manufacturing, industrial mines (dolomite and limestone), the KWV Grape Juice Concentrate Plant and Distillery, and the South African Dried Fruit Co-op. The town is also home to the Vredendal Wine Cellar, the largest co-operative wine cellar under one roof in the southern hemisphere.
The Swartland is best known for its wheat production.
Malmesbury is the biggest town in the Swartland. Major attractions include Bokomo Mills, the Malmesbury Museum, the Sugarbird glazed fruit factory and the historical walkabout.
The Riebeek Valley is known for its scenic beauty. The area has become a popular haven for well-known artists of various disciplines. Wines at various cellars and olives can be tasted. Steeped in South African history, it is the birthplace of both Genl Jan Smuts and Dr DF Malan. Smuts House is open to the public.
Elands Bay is a popular holiday resort and surfer's paradise. Khoi and San rock art can be viewed at Elands Bay Caves.
Moorreesburg and Koringberg are major wheat-distributing towns. Visitors can visit the Wheat Industry Museum, one of only three in the world. Bird watching, hiking, 4x4 routes, clay-pigeon shooting, mountain-bike trails, canoeing and waterskiing at Misverstand are popular activities in and around the town.
Piketberg offers arts and craft, fauna and flora, wine culture and recreation.
The Goedverwacht and Wittewater Moravian Mission Stations are situated close to Piketberg.
Porterville is famous for its Disa Route (best in January and February). The Groot Winterhoek Mountain Peak in the Groot Winterhoek Wilderness Area is the secondhighest in the Western Cape. There are several walking trails. The Dasklip Pass is popular with hang-gliders.
The Hangklip-Kleinmond area comprises Kleinmond, Betty's Bay, Pringle Bay and Rooiels. It is a popular holiday region, ideal for whale watching, and includes the Kleinmond Coastal Nature Reserve and the Harold Porter Botanical Garden.
The Penguin Reserve at Stoney Point is one of two breeding colonies of the jackass penguin on the African continent.
South Africa's first international biosphere reserve, the Kogelberg Biosphere Reserve, was proclaimed by the UN Educational, Scientific and Cultural Organisation in 1999. The 90 000-ha Reserve includes 23 000 ha of marine environment. It runs along the coast from Gordon's Bay to the Bot River Vlei, stretching 2 km out to sea, and inland to the Groenlandberg, the mountains near Grabouw.
Hermanus is a popular holiday resort, famous for the best land-based whale watching in the world. The coastline offers miles of white sandy beaches, restaurants, sports facilities and a unique 12-km cliff path.
Stanford is one of the few villages in South Africa where the market square has been retained. The central core of the village has been proclaimed a national conservation area. A total of 124 bird species has been recorded to date.
Gansbaai is known for its excellent rock and boat angling, diving, shark-cage diving and whale watching. The Danger Point Lighthouse, named as such because of the ships that have been wrecked and lives that have been lost on this dangerous coast is open to the public.
De Kelders is the only freshwater cave on the African coast. Spectacular views of southern right whales can be enjoyed from the cliffs at De Kelders and along the coast to Pearly Beach. Also popular are white shark tours, diving safaris and fishing trips.
Elim was founded by German missionaries in 1824, with its only inhabitants being members of the Moravian Church. Visitors are welcome to attend services. The Old Watermill (1833) has been restored and declared a national monument.
Popular sites in Napier include the Militaria Museum and Rose Boats and Toy Museum. At the latter, unique handmade tin-plate steamboats can be seen driven by copper and brass rose boats. Old toys and trains are also on display.
Kleinsanddrif farm, situated half-way between Bredasdorp and Napier, offers guided tours by tractor and trailer up the picturesque mountain range. Fynbos and many species of birds, including the engandered blue crane, South Africa's national bird, can be seen.
At Bredasdorp, the historical farm Nacht Wacht can be visited for a real Overberg farm experience.
De Mond Nature Reserve boasts rare bird species including the Damara tern and giant tern.
Geelkop Nature Reserve, which is about 450 ha in size, derives its name from the mass of yellow flowering plants, particularly leucadendrons, which cover the hill during spring. The Reserve offers a half-day hiking trail and scenic circular drives.
The lighthouse at L'Agulhas, which forms part of the Agulhas National Park, is the country's second-oldest working lighthouse. It celebrated its 150th anniversary in 1999. It houses a restaurant and a museum. About 1 km from the lighthouse is the southernmost point of Africa, Cape Agulhas. This is also the meeting point of the Indian and Atlantic Oceans.
The Agulhas National Park is home to a rich and diverse plant population, which includes some 2 000 indigenous species comprising more than 110 Red Data Book species. The Agulhas Plain is home to a variety of wetlands, as well as the endangered Cape platanna and microfrog, and rare coastal birds such as the African oystercatcher. The Darmara fern finds the area ideal for breeding.
Visitors can also view the ancient tidal fish traps constructed by the Khoi-Khoi people.
Struisbaai has the longest white coastline in the southern hemisphere. Hiking trails are on offer and boat-based whale watching can be enjoyed from the Struisbaai Harbour.
Arniston was named Waenhuiskrans by the local fishers in honour of the huge sea cave capable of housing several ox-wagons. For outsiders it was named after the Arniston, a ship wrecked here in 1815. The Waenhuiskrans Cave can be explored at low tide.
The De Hoop Nature Reserve on the way to Swellendam includes an internationally renowned wetland and bird sanctuary. The marine reserve is a winter retreat for the southern right whale and the Western Cape's only Cape griffen vulture colony. There is a mountain-bike trail and an environmental education centre. The red Bredasdorp lily and many species of protea and erica are found in the Heuningberg Nature Reserve.
Swellendam is well-known for its youngberries and eclectic architecture. The Drostdy Museum consists of a group of buildings containing a huge selection of period furniture.
The Bontebok National Park, about 7 km from Swellendam, provides sanctuary to, among others, the threatened bontebuck.
Suurbraak is a mission village situated in the folds of the Langeberg Mountains, alongside the Buffelsjachts River about 5 km from the majestic Tradouw Pass.
Barrydale can be approached from three directions: the Overberg and Garden Route via the magnificent Tradouw Pass, Montagu and the fertile Tradouw Valley, or Oudtshoorn through the starkly beautiful Klein Karoo. Known for its world-class wine, Barrydale offers the visitor fruit and fresh air in abundance.
Situated on the N2, about 160 km from Cape Town, Riviersonderend offers beautiful mountain and river scenery, a nine-hole golf course and sightings of the blue crane.
Caledon is famous for its natural mineral waters, hot springs and wild-flower shows. The Southern Associated Maltsters is the only malt producer for the South African lager beer industry and the largest in the southern hemisphere.
Genadendal is the oldest Moravian village in Africa, with church buildings and a school dating back to 1738. The Genadendal Mission and Museum Complex documents the first mission station in South Africa.
Greyton is a peaceful town in a beautiful mountain setting where various outdoor activities can be enjoyed.
The Theewaterskloof Dam outside Villiersdorp is the seventh-largest dam in the country. The Villiersdorp Wild Flower Garden and Nature Reserve boasts an indigenous herb garden and a reference library.
The Grabouw/Elgin district produces about 60% of South Africa's total apple exports. The Valley is also renowned for cultivating fresh chrysanthemums, roses and proteas. The Elgin Apple Museum is one of only two in the world. Houwhoek Pass is a beautiful mountain pass and the Elgin Valley road-side farm stalls are known for their fresh produce. Sir Lowry's Pass offers spectacular views of False Bay from Gordon's Bay to Cape Point.
At the foot of the majestic Langeberg Mountains lies Ashton, an important wineproducing and food-processing centre. Besides being home to four wineries and two large canneries, Ashton also offers cruises down the Breede River, amazing rock formations at the spectacular Cogmans Kloof, and beautiful day walks in the surrounding foothills, allowing the visitor to take a closer look at the region's fynbos.
Known as 'beautiful valley', Bonnievale lies in a fertile valley along the Breede River. Lush vineyards and peach and apricot orchards meander through the town against the backdrop of imposing mountains. The tranquil atmosphere, moderate climate, scenic beauty, excellent wines and well-known Bonnievale sausage all make for an enchanting visit. Other attractions include the Myrtle Rigg Church, the Parmalat Cheese Factory, and cruises on the Breede River.
The vast fertile basin in which Ceres lies is one of the richest agricultural areas in the Western Cape. Surrounded by mountains that are heavily capped with snow in winter, Ceres is encircled by streams from the Breede River. Hiking trails, 4x4 routes, mountain biking and nature reserves are on offer.
De Doorns is situated in the heart of the Hex River Valley, the largest producer of table grapes in southern Africa. The many historical buildings and homesteads, San rock paintings, the kaleidoscope of autumn colours and the Hex River 4x4 Route are all ingredients that make a visit to the Valley a truly unforgettable experience. The legend of the heks or witch of the Hex River Valley adds to the mystery surrounding this breathtaking area.
The picturesque village of Gouda is renowned for the Parrotts Den Pub, a living museum, in the Gouda Hotel.
McGregor has a wealth of fascinating whitewashed, thatched cottages and well-preserved Victorian houses, making it one of the bestpreserved examples of mid-19th century architecture in the Western Cape. Besides the Boesmanskloof Hiking Trail, there are other walks and hikes, bird watching and fabulous star-filled night skies.
Montagu, gateway to the Klein Karoo, lies in a fertile valley and is blessed with typical Klein Karoo landscapes as well as the spectacular Cogman's Kloof with its unique rock formations. Renowned for its muscadel wines, mineral springs and unique tractor-trailer rides that take the visitor to the summit of the Langeberg Mountains for a breathtaking view of the Robertson and Koo Valleys, Montagu also offers hiking trails, 4x4 routes, mountain biking and some of the best rock climbing in the world.
Prince Alfred Hamlet is the gateway to the Gydo Pass, known for its scenic views. This quaint village lies in an important deciduousfruit-farming area.
Hidden amidst vineyards and wine estates lies the picturesque town of Rawsonville, renowned for its array of award-winning wines. Tourists can enjoy an afternoon drive along the awe-inspiring Slanghoek Valley, with its lush vineyards and breathtaking views, or relax in the warm-water mineral springs at Goudini Spa.
Known as 'the valley of wine and roses', Robertson is one of the most beautiful areas in South Africa. Surrounded by vineyards, orchards, delectable fruit and radiant roses, Robertson produces connoisseur-quality wines and is also known for its thoroughbred horses.
Known for its hiking trail and Vermeulens Velskoen Factory, Saron, meaning 'the plains', has a charm of its own.
When the railway to the north was built, Touwsriver became the first major locomotive depot after Cape Town. The Astronomical Survey Monument serves as a reminder of the British expedition that studied the transit of Venus in 1882. The nature reserve is a hiker's paradise and home to abundant wildlife. San paintings can be seen in this area, also known for its Karoo hospitality.
The picturesque village of Tulbagh is known for its heritage and historical homesteads. Church Street, home to 32 national monuments, constitutes the largest concentration of national monuments in one street in South Africa. Other attractions include wineries, hiking trails, mountain biking, horse riding, fishing or a train ride through the scenic Nuwe Kloof Pass.
Wolseley is situated on an extraordinary watershed. This phenomenon, one of only a few in the world, together with the various hiking trails, mountain biking, trout-fishing, farm visits, wine-tasting and waterfalls, make a visit to the town an unforgettable experience. An added attraction is the blockhouses dating back to the Anglo-Boer/South African War.
In the heart of the Breede River Valley lies Worcester, encircled by majestic mountains. Museums, art galleries and the town's architectural heritage make it well worth a visit. Visitors can experience life as the pioneers lived, in years gone by, at the Kleinplasie Living Open-Air Museum. Brandies and worldrenowned wines can be enjoyed. The indigenous semi-desert vegetation as well as the landscaped gardens of the Karoo National Botanical Gardens will enthral the visitor with their beauty. Hiking trails, fishing opportunities and 4x4 routes abound.
The Augrabies Falls National Park remains one of the main attractions of the Northern Cape. The province also boasts four of the country's major parks, namely the Kgalagadi Transfrontier Park, and Richtersveld, Namaqua and TankwaKaroo National Parks. Gameviewing drives reveal a variety of bird life, and animals such as klipspringers, steenbuck, various wildcats and otters. The popular three-day Klipspringer Trail encompasses all the major landmarks in the southern section of the Park, including some amazing rock formations.
The Big Hole in Kimberley is the largest hand-dug excavation in the world. The Kimberley Tram Service dates from the beginning of the century and still transports passengers from the City Hall to the Mine Museum.
Underground mine tours are a big attraction, as are the famous ghost tours, during which many historical buildings are seen from a different perspective.
Hand and mechanical diamond-digging by private diggers can be viewed by appointment.
The McGregor Museum houses invaluable collections of the archaeological finds in the area, as well as San art works. A San settlement can be visited.
The house where Sol Plaatje (African National Congress founding member and human-rights activist) lived in Kimberley, houses a library of Plaatje's and other black South African writers' works and several displays, including a portrayal of black involvement in the Anglo-Boer/South African War.
A life-sized statue of Plaatje was erected in the Garden of Remembrance at the new Northern Cape Legislature during 2003.
A township tour to Galeshewe provides a fresh perspective on South Africa's sociohistorical realities. Pan African Congress founder, Robert Sobukwe's house in Galeshewe is also worth a visit.
A cultural centre at Wildebeestkuil outside Kimberley features !Xun and Khwe artwork for sale and a tour of rock engravings by this indigenous people.
A short distance from Kimberley is the mining town Barkley West, which, due to its proximity to the Vaal River, is a favourite spot for many a water-sport enthusiast and angler.
Tucked along the Vaal River near Barkley West lies the Vaalbos National Park. Named after the camphor bush which is dominant in the region, the Park conserves part of a transitional vegetation zone where typical Karoo and Kalahari thornveld and grassveld meet.
The Park is not only home to large raptors, but is also a breeding centre for endangered African herbivores such as rhino, roan, sable and disease-free buffalo.
The Orange River Wine Cellars Co-op in Upington offers wine-tasting and cellar tours.
The South African Dried Fruit Co-operative is the second-largest and one of the most modern of its kind in the world. Tours of the plant are offered.
Moffat's Mission in Kuruman is a tranquil place featuring the house of missionary Robert Moffat, the church he built, and several other buildings. Moffat translated the Bible into Setswana - the first African language in which the Bible was made accessible.
The printing press on which he printed the first 2 000 copies can still be viewed. The church can seat 800 people and is still in use. David Livingstone married Moffat's daughter and started many famous travels from this mission station.
The Wonderwerk Cave at Kuruman features extensive San paintings that may be viewed by appointment.
The Kalahari Raptor Centre cares for injured birds and many of these majestic birds can be seen at close quarters.
Hand-built irrigation canals at Kakamas are still in use today. The Orange River Wine Cellar Co-op Rockery Route runs between Keimoes and Kakamas.
Kanoneiland is a settlement on the biggest island in the Orange River, in the Green Kalahari region.
At Keimoes, the Orange River flows at its widest. The Tierberg Nature Garden offers spectacular views of the Keimoes Valley and the many islands in the Orange River. The original irrigation canal system is still in use. The Orange River Wine Cellar Co-op's largest cellar is situated here.
Kenhardt is the oldest town in the Lower Orange River area. The Quiver Tree Forest and Kokerboom Hiking Trail consist of between 4 000 and 5 000 quiver trees. The Verneukpan Tourist Route leads visitors to the rare phenomenon of the remains of a permanent San settlement and the track on which Sir Malcolm Campbell once attempted to shatter the land-speed record.
Namaqualand, the land of the Nama and San people, annually puts on a spectacular show in spring. A floral splendour covers vast tracts of desert. The flowers sprout and survive for a brief period before they wilt and disappear just as suddenly, in the face of blistering heat and dry conditions.
Another marvel is the Witsand Nature Reserve about 70 km west of Postmasburg. A 100-m high dune of brilliant white sand can be seen. It stretches for about 9 km and is about 2 km wide. The dunes are in vivid contrast to the red Kalahari sand, olive-green thorns and hazy blue Langberg Mountains.
The province offers several hiking trails, horse trails, mountain biking, canoeing, whiteriver rafting and combination trails.
The Eerste Raadsaal (First Parliament Building) was built in 1849 as a school. It is Bloemfontein's oldest surviving building still existing in its original condition and is still in use as the seat of the Provincial Legislature.
The National Afrikaans Literary Museum and Research Centre houses a repository of works by prominent Afrikaans authors. Exhibits in the Afrikaans Music Museum and the Theatre Museum (part of the Centre) include old musical instruments, sheet music, costumes, photographs and furniture.
The National Museum is notable for its wide collection of fossils, cultural-historical exhibits and archaeological displays, including the Florisbad skull, which was discovered in the 1930s at the Florisbad spring, about 50 km north of Bloemfontein.
The National Women's Memorial is a sandstone obelisk, 36,5 m high, which commemorates the women and children who died in concentration camps during the AngloBoer/South African War from 1899 to 1902. The War Museum not only gives insight into the War through its unique art collection, dioramas and exhibits, but also brings the visitor closer to understanding the background against which the War took place. Visitors are also afforded a glimpse into life in the concentration and prisoner-of-war camps. The research library contains an extensive collection of Africana.
The Old Presidency dates back to 1885 and was the official residence of three Presidents of the former Republic of the Orange Free State. The Presidency houses a museum depicting their respective terms of office, and a cultural centre for art exhibitions, theatrical productions and musical events.
King's Park Rose Garden contains over 4 000 rose bushes. Bloemfontein hosts an annual rose festival.
The Observatory Theatre in Bloemfontein's game reserve is a unique attraction.
The Sand du Plessis Theatre and art gallery at Oliewenhuis are also worth visiting.
Bethulie used to be a London Missionary Society station. The original mission buildings still stand.
The Pellissier House Museum depicts the history of events in the area.
The Gariep Dam, more than 100 km long and 15 km wide, is part of the Orange River Water Scheme. Situated between the Dam and Bethulie lies the Gariep Dam Nature Reserve. On the southern side of the Dam lies the Oviston Nature Reserve.
Philippolis was founded as a London Missionary Society station in 1824 and was the first mission station in the province.
The Tussen-die-Riviere Nature Reserve reputedly supports more game than any other sanctuary in the Free State. It is reserved for hunters in autumn and winter.
Trails in the region include horse trails, hikes, mountain-bike trails and day walks.
The Basotho Cultural Village in the QwaQwa National Park is a living museum where visitors can witness the Sotho traditions and lifestyles in the chief's kraal.
Clocolan is known for its cherry trees, with its blossoms providing a spectacular sight in spring. San rock paintings and engravings are found in the area.
Clarens is often described as 'the jewel of the Free State', owing to the spectacular scenery. San paintings are found on farms in the area. Close by, the Highlands Route meanders along the foothills of the Maluti Mountains. One can also explore the magnificent mountain scenery by bike.
Ficksburg is known for its cherry and asparagus farms. A cherry festival is held annually in November. The town is a gateway to the Mountain Kingdom of Lesotho.
The Golden Gate Highlands National Park is known for its beautiful scenery and is a very popular holiday destination. A vulture restaurant enables visitors to observe these scavengers closely. San paintings can also be viewed.
The Highlands Route follows the Lesotho border via Ladybrand and ends at Zastron in the south. San caves and rock art are some of the main features of the Route.
The Seekoeivlei Nature Reserve is listed as a Wetland of International Importance and is home to endangered bird species such as the blue and wattled cranes.
Bethlehem lies on the banks of the Jordaan River and was founded by the Voortrekkers during the 1840s. The museum in Miller Street depicts the history of the area. The banks of the Jordaan River form part of the Pretoriuskloof Nature Reserve - a sanctuary for birds and small game.
Van Reenen's Pass winds through the Drakensberg, and was originally used by migrating herds of zebra, hartebeest, blesbuck and wildebeest. The Llandaff Oratory in the nearby village of Van Reenen is believed to be the smallest Roman Catholic church in the world.
At Harrismith there are various memorials in honour of those who fought in the AngloBoer/South African War and World War I. Of particular interest is a memorial for the Scots Guards and Grenadier Guards. Platberg, the 2 394-m 'flat mountain', is the town's landmark. A well-known race, claimed by some to be the toughest in the country, is run annually up, along and back down the mountain. Sterkfontein Dam is ideal for water sports and fishing. Other attractions include the Kerkenberg Monument, Harrismith Wildflower Gardens, and the blockhouse which was used to guard water supplies during the AngloBoer/South African War.
The Riemland Museum in Heilbron depicts the heritage and the agricultural activities of the region.
The QwaQwa district is a traditional home to the Southern Sotho people. Karakul carpets, mohair, wall hangings, copper, glassware and brass are made and sold at Phuthaditjhaba. The Metsi Matsho and Fika Patso Dams are renowned for trout fishing.
Welkom is known for its gold mines. It is also the only city in the country that makes use of traffic circles instead of traffic lights.
Winburg is the oldest town and first capital of the former Republic of the Orange Free State. The Voortrekker Museum, using life-size models, depicts the daily routine of the trekkers. A concentration camp cemetery is situated close by.
Sasolburg originated in 1954 with the establishment of Sasol, the synthetic fuel producer.
The Eastern Cape is situated along the southeastern coast of South Africa and is the only province in South Africa, and one of the few places on earth, where all eight biomes (major vegetation types) converge.
With approximately 820 km of unspoilt coastline, the beaches of the Eastern Cape are among the most impressive anywhere, stretching from the Tsitsikamma National Park along the south coast, through St Francis Bay, Jeffreys Bay and Algoa Bay, up to the pristine Wild Coast and south-eastern coast to Port Edward. Added to the diverse coastal experiences are a number of national parks and private game reserves, which collectively cover an area greater than the Kruger National Park.
East London, South Africa's only river port, was originally established as a supply port to serve the military headquarters at King William's Town. The city's own waterfront development, Latimer's Landing, is situated on the banks of the Buffalo River. The East London Aquarium houses approximately 400 different species of marine and freshwater animals.
The East London Museum depicts the natural environment and rich heritage of the region. Best known for the prehistoric coelacanth, the Museum also displays reconstructions of the extinct dodo of Mauritius, along with the only extant dodo egg in the world.
Port Elizabeth is a superb holiday destination, offering a diverse mix of eco-attractions. The Algoa Bay National Sailing Week is held annually in May. There are various scubadiving sites. Other attractions include national parks and game reserves; the traditional healing village, Kaya Lendaba; bird watching; air tours; canoeing; various mountain-bike and horse-riding trails; and organised outdoor excursions. Tourists can visit various museums and memorials, go on the Donkin Heritage Trail, take a ride on the famous Apple Express and visit the Oceanarium.
Tucked away in the dense valley-bushveld of the Eastern Cape is the Addo Elephant National Park, which provides sanctuary to some 350 elephants, as well as buffalo, black rhino, plenty of birds and several species of antelope.
Grahamstown is sometimes referred to as the City of Saints, because of the more than 40 churches found in the town. The National Arts Festival is held annually. Every year during this time, Grahamstown is transformed into a dedicated arts venue where performers, visual artists, audiences, writers and craftspeople fuse in a celebration of creative energy. In 2002, the Festival was attended by 102 000 people, representing an increase of 5,2% compared with 2001.
Other attractions include various museums and historical buildings, the oldest post-box in South Africa, botanical gardens, the Cathedrals of St Michael and St George, nature reserves and hiking trails.
The Wild Coast draws many anglers. Catches include musselcracker and sardines. Southern right whales and their calves are regularly spotted from May to November. Common and bottlenose dolphins are often seen close to shore. Coffee Bay is popular among surfers, anglers and shell collectors. The new alignment of the N2 national route along the Wild Coast and the establishment of the Pondoland National Park will open up investment opportunities.
To the south, the Hole in the Wall is a prominent landmark. Waves continuously crash through the huge hole in the cliff. The coast on both sides of the cliff is notorious for the number of ships that have been wrecked there. In addition to fishing, the giant sand dunes and rich oyster beds, the Wild Coast is renowned for its beautiful beaches.
Visitors to the rural village of Qunu are shown the plot where former President Mandela's childhood home once stood, as well as his parents' graves.
Inland, the Owl House in Nieu-Bethesda displays the creative talent of the late Helen Martins. Statues of mermaids, wise men, camels and churches create a wonderland in the garden. Everything was built with broken bottles, bits of mirror and cement.
Over 200 houses in Graaff-Reinet have been restored to their original Victorian look, and have been proclaimed national monuments. The Old Library Museum houses the Lex Bremner Fossil Collection of Karoo reptile fossils and a collection of Khoi and San art reproductions. Urquhart House has a popular genealogical research centre.
The first evidence of the presence of dinosaurs in South African can be viewed at Maclear.
The Eastern Cape has a variety of official conservation areas such as the Mkambati Nature Reserve, Mountain Zebra National Park and Addo Elephant National Park.
Limpopo is well endowed with cultural diversity, historic sites and tourist attractions.
The Nylsvley Nature Reserve has one of the greatest concentrations of waterfowl and bushveld birds in South Africa. More than 400 species frequent the area.
The Mokopane vicinity has several nature reserves. The Arend Dieperink Museum has a fine cultural-historical collection and the Makapan Caves are notable for their fossils. The Caves are being developed into an archaeological site.
The Makapansgat Caves and limeworks near Mokopane represent an archeological site of global importance.
The Thabazimbi district has a large concentration of private game reserves and is one of the fastest-growing ecotourism areas in the country. The Marakele National Park is home to some rare yellowwood and cedar trees and the world's largest colony of Cape vultures. It is a leader in the conservation of the black rhino outside of the Kruger National Park and the KwaZulu-Natal parks.
Bela-Bela is known for its hot springs. There are a number of game reserves and leisure resorts in the area.
The springs at Tshipise attract more than a million visitors every year.
The Waterberg Range is rich in indigenous trees, streams, springs, wetlands and bird life. Cliffs known as 'the palace of the vultures' harbour a large breeding colony of Cape vultures. Modimolle is the main town in this region.
The Bakone Malapa Open-Air Museum outside Polokwane is a traditional Northern Sotho kraal. Men and women practise traditional skills such as making baskets, clay pots, furniture and utensils, and preparing hides.
Zion City at Moria near Polokwane is the headquarters of the Zion Christian Church, which attracts more than a million pilgrims every Easter.
Polokwane itself hosts a great variety of museums and art galleries.
The Mapungubwe Archaeological Site, situated 80 km west of Musina, lies within the boundaries of the Vhembe/Dongola National Park. It is one of the richest of its kind in Africa. Excavations in the 1930s uncovered a royal graveyard, which included a number of golden artefacts.
The Schoemansdal Voortrekker Town and Museum, west of Louis Trichardt, is built on the site of an original Voortrekker village and depicts their lifestyle between 1848 and 1852.
Also worth visiting is the Big Tree (the largest known baobab in southern Africa), Tshatshingo potholes, the mystical lake of Dzivhafundudzi and the holy forest at Phiphidi.
The Modjadji Nature Reserve, north of Tzaneen, is named after the legendary Rain Queen, Modjadji, who is believed to have settled in the area early in the 16th century. The Reserve encompasses the world's largest concentration of the cycad species Encephalartos transvenosus, also known as the Modjadji palm.
The Hans Merensky Nature Reserve and Mineral Spa on the southern banks of the Great Letaba River supports a large variety of game. More than 200 bird species have been recorded there.
At the Tsonga Kraal Open-Air Museum, arts, crafts and traditional huts reflect the Tsonga lifestyle of 100 years ago.
The Kruger National Park (northern section) is one of South Africa's biggest tourist attractions. The Park is home to a huge number and wide variety of amphibians, reptiles and birds, and 147 mammal species, including the Big Five.
Thulamela, in the northern part of the Kruger National Park, was opened to guided groups in June 1997. This followed seven years of archaeological excavations, which brought to light the skeletons of two ancient royals and a multitude of artefacts, including gold bangles, beads and a double gong.
North West has five geographically distinct areas, namely the Central, Eastern, Bophirima, Rustenburg and Southern districts.
The Historic Route of Mafikeng includes an Anglo-Boer/South African War siege site, the Molema House where Sol Plaatje lived while writing his Mafikeng Diary, and the Mafikeng Museum.
The Lichtenburg Game Breeding Centre and the Botsalano Game Reserve are well worth a visit.
The Groot Marico region is known as mampoer country and visitors can embark on a mampoer and tobacco route. The Kortkloof Cultural Village is dedicated to the Tswana people.
Other attractions include the Wondergat, the Bosbult Monument which commemorates a battle during the Anglo-Boer/South African War, the Kaditshwene Iron Age Village Ruins and various hiking trails.
The Hartbeespoort Dam is a popular spot for weekend outings, breakfast runs and yachting. The Hartbeespoort Cableway offers a breathtaking view of the Dam and surrounding areas.
The Hartbeespoort Reptile and Animal Park is situated on the banks of the Dam.
Cultural experiences in the area include the popular Mapoch and Gaabo Motho Cultural Villages as well as the Ring Wagon Inn.
The De Wildt Cheetah Breeding and Research Centre specialises in the breeding of cheetah and other endangered wildlife species. Other places of interests include the Borakalalo Game Reserve, the Margaret Roberts Herb Farm and the Phaladingwe Nature Trail.
The Vredefort Dome is a crater 40 km across, caused by the collision of a meteorite with the earth many years ago. It features unique fauna and flora. A variety of hiking and mountain-bike trails are offered.
The Taung Skull Site and the Blue Pools are renowned for the Taung skull found in the Buxton quarries. This region is popular with adventure-seekers - especially the 4x4 routes and hunting farms.
The Pilanesberg National Park supports over 7 000 head of game, including the Big Five and 350 bird species. Guided day and night game drives are available.
The Madikwe Game Reserve is home to the biggest game-relocation programme ever. Over 10 000 animals of 27 major species have been reintroduced under Operation Phoenix. A hot-air balloon ride, day and night game drives and bushwalks are available. Sun City and the Palace of the Lost City are very popular tourist attractions offering gambling, golf, extravaganza shows, water sport and an artificial sea.
There are various hiking trails in the region. The Heritage Route starts at the Sterkfontein Caves World Heritage Site and ends at Pilanesberg.
The OPM Prozesky Bird Sanctuary in Potchefstroom has over 200 bird species and is situated adjacent to the Mooi River. The Oudorp Hiking Trail takes visitors through the old part of Klerksdorp where 12 Voortrekker families settled.
Other attractions in the region include the Potchefstroom Lakeside Resort, the Faan Meintjies Nature Reserve in Klerksdorp, mine tours at Orkney, the Diggers Route at Wolmaransstad, and the Bloemhof Dam Nature Reserve.
epitomises every traveller's dream of the true African experience. Located in the north-eastern part of South Africa, the province is bordered by Mozambique to the east and the Kingdom of Swaziland to the south and east.
The climate and topography vary from cool highland grasslands at 1 600 m above sea level, through the middleveld and Escarpment, to the subtropical Lowveld towards the Kruger National Park and many private game reserves. Scenic beauty, climate and wildlife, voted the most attractive features of South Africa, are found in abundance in the province.
Attractions range from game viewing and bird watching to scenic drives across the valleys and peaks of the vast Drakensberg Escarpment, and include agritourism and industrial tourism, adventure tourism and cultural experiences. Historical sites and villages, old wagon routes and monuments mark events and characters who passed this way in search of adventure and wealth.
The cultural heritage of the province is varied and exciting. The Ndebele beadwork and house-painting in the north-west, the arts and crafts of the Lowveld and the different traditional villages all over the province offer a unique insight into the history of the people.
The Maputo Development Corridor links Gauteng with the Maputo Harbour in Mozambique, opening new tourism opportunities for Mpumalanga.
Its serenity and natural ambience, enthralling landscapes, majestic waterfalls, kaleidoscope of cultures, imposing mountains, unequalled scenic beauty, and enchanting flora and fauna make Mpumalanga a favourite tourist destination.
Mpumalanga offers attractions and activities ranging from game viewing, bird watching, trout fishing, white-water river rafting, hiking, paragliding, abseiling, 4X4 trails, hot-air ballooning and riveting cultural villages to historical sites and monuments testimony to events of yesteryears.
The province has recently been demarcated into tourism regions, each with its own unique features and an array of attractions to ensure a rewarding holiday to visitors.
Nelspruit is the capital of Mpumalanga and the commercial and administrative hub of the Lowveld. The Nelspruit Historical Trail is an hour-long route stretching from the Promenade Centre to the Civic Centre.
The Blue Train runs between Pretoria and Nelspruit from May to September on a trip called the Lowveld Experience. Rovos Rail's trains also visit Nelspruit.
The Green Heritage Hiking Trail in the Nelspruit Nature Reserve is one of several walks in the Reserve and one of many in the region.
Not to be missed is the Lowveld Botanical Garden, as well as the Reptile Park, both situated near the Emnotweni Casino. The Lowveld National Botanical Garden features many rare Lowveld species, which include the country's best collection of indigenous ferns, 500 tree species and the famous rare cycads.
The Sudwala Caves, PR Owen Dinosaur Park, and the artists' village of White River should also not be missed.
Barberton features many reminders of the early gold-rush era. Museums include Belhaven, Fernlea House and Stopforth House. The only known verdite deposits in the world are found in the rocks of the Barberton district. Verdite has been used by sangomas for promoting fertility. An annual Diggers Festival is held in September.
The Blyderivierspoort Nature Reserve near Graskop is characterised by striking rock formations and a rich diversity of plants. Within the Reserve, the Bourke's Luck Potholes were formed by river erosion and the action of flood water.
The spectacular Blyde River Canyon is a 26-km-long gorge carved out of the face of the Escarpment, and is one of the natural wonders of Africa. The Canyon is the thirdlargest in the world but the only green canyon, and hosts three rivers which feed the Blydepoort Dam at Swadini. God's Window provides a magnificent view of miles of thickly forested mountains, the green Lowveld and the Canyon. The Blyderivierspoort Hiking Trail is one of the most popular in the country. A number of other hiking trails are also available.
The southern section of the Kruger National Park falls within this region. The Park is a major tourist attraction, locally and internationally. The main camps have an excellent range of facilities. Game viewing is easier in winter, and guided wilderness trails as well as hiking trails are available. Tourists are also taken on open-vehicle game drives.
Kaapsehoop is a quaint historical village known for the wild horses that frequent the district. Blue swallows are regular visitors from September to April.
The Lydenburg Museum is situated in the Gustav Klingbiel Reserve, which is the site of archaeological ruins from the Later Iron Age. The Lydenburg Heads were discovered in this area.
The Mac Mac Pools and Falls outside Sabie are worth a visit. The 69-km Prospector's Trail starts at the Mac Mac Forest Station and leads to the Bourke's Luck Potholes.
At the Montrose Falls in Schoemanskloof, the Crocodile River cascades 12 m into a series of rock pools. It is also the starting point of the annual Lowveld Crocodile Canoe Marathon, held in February.
Pilgrim's Rest is a living museum and a replica of the early gold-mining town. The Alanglade House Museum offers guided tours of the former mine-manager's house, while the Diggings Museum just outside the town arranges guided tours of gold-panning activities. This area was the setting for Jock of the Bushveld, the novel by Sir Percy Fitzpatrick about the experiences of a man and his dog as they share adventures in the world of African gold-mining. The Dredzen Shop Museum consists of a store stocked with a range of items in use nearly a century ago. The Pilgrim's Rest Festival is held annually in December.
Mount Sheba Nature Reserve, south of Pilgrim's Rest, is best known for its indigenous forest - one of few left in the region.
Sabie is the centre of the largest man-made forest in South Africa.
The Cultural-Historical Forestry Museum depicts various aspects of the country's forestry industry. The Bridal Veil, Horseshoe and Lone Creek Falls just outside Sabie are worth a visit.
The Highlands Meander is a mecca for flyfishers. It is in the placid and pristine waters of this region that one can find various stocks of fish, with trout as the major drawcard. The Meander offers a myriad of activities like rock climbing, bird watching, mountain biking and an abundance of historical sites.
It is in this region at the Verloren Vlei Nature Reserve (Dullstroom) that one can have the rare glimpse of the three endangered crane species (the blue, wattled and crowned cranes).
The Loskop Dam Nature Reserve is one of the country's largest reserves and offers game watching, boating and fishing.
The Highlands Meander is famous for its trout-fishing opportunities. Bird-watching, walking trails and horse trails are also popular. The Steenkampsberg Nature Reserve, outside Dullstroom, provides sanctuary for the rare wattled crane. The annual Trout Festival is held in October.
Horse-riding and trout-fishing are popular in the Highlands Meander area. A large number of hiking trails are available, such as the Elandskrans Trail, which includes a 30-minute train ride between Waterval-Boven and Waterval-Onder.
It is in this region of cultural heartland that one can immerse oneself in the true cultural heritage of Mpumalanga. Here, one can learn about the proud and welcoming amaNdebele people, revered for the striking geometric patterns on their houses and clothing. This region also has illuminating historical sites like Botshabelo Historical Village.
Cosmos country covers parts of what is known as the energy belt of Mpumalanga, which is home to a number of power stations that supply most of the energy to other African countries. This region also boasts the world's largest underground coal-mining complex and the Sasol plant renowned for its technology of extracting oil from coal, a unique process in the world.
The carpet of cosmos flowers that blossoms in late summer also lures visitors to this region.
Wild frontier is deemed the cradle of life, owing to the astonishing archaelogical discoveries dating back to almost three billion years ago in the imposing mountains of this region.
Visitors to this region can have a rare glimpse of the inimitable San paintings embossed in some rocks.
The region also holds rich historical sentiments centered around the monument of Samora Machel constructed in the village of Mbuzini. Due to the location of this region, visitors can have a rare opportunity to visit two other countries (Swaziland and Mozambique) in a short space of time.
Grass and wetlands is indeed a paradise, with a variety of bird species to see. This region stretches across the deep valleys and mountains of the east where thermal springs bubble to the surface.
There are 270 pans and lakes within a 20-km radius of Lake Chrissie. In this region visitors can take part in the unusual 'frogging expedition' or simply gaze at the stars during 'star gazing weekends'.
This region offers visitors plenty attractions, from the daring explorations of the Sudwala Caves, the natural ambience of the Lowveld Botanical Garden, and the nostalgic horse rides in the historical village of Kaapsehoop, to the craftsmen and artists' haven of White River, or the glimpse of a collection of reptiles at the Crocriver Enviro Park, which is Africa's largest reptile park.
The region also features the Kruger National Park, which stretches across Mpumalanga into Limpopo.
Adventurers can take part in the four night/five-day Lebombo 4X4 Overland Trail, which stretches from the Crocodile River in the south to the mighty Limpopo.
The Gauteng Provincial Government is to contribute more than R300 million over the next few years towards developing tourism sites in the province. These include a Big Five nature reserve east of Pretoria, developing infrastructure in the Leeufontein Nature Reserve and Roodeplaat Dam Reserve, and improving the Cradle of Humankind Heritage Site near Krugersdorp.
Gauteng offers a vibrant business environment and many tourist attractions, including a rainbow of ecological and cultural diversity.
The Vaal Dam covers some 300 km2 and is a popular venue for water sport. Numerous resorts line the shore. The Dam also attracts a great diversity of birds.
Vanderbijlpark was built during the late 1940s by the Iron and Steel Corporation to accommodate its employees.
The Sterkfontein Caves near Krugersdorp are the site of the discovery of the skull of the famous Mrs Ples (now believed to be Mr Ples), an estimated 2,5-million-year-old hominid fossil, and Little Foot, an almost complete hominid skeleton some 3,3-million years old.
The Caves comprise a series of caverns with many stalactites and stalagmites and a huge underground lake. Guided tours are available. The Wonder Cave, about two billion years old, is one of South Africa's most impressive natural assets. In 1999, Sterkfontein and its environs were declared a World Heritage Site.
The Krugersdorp Game Reserve provides sanctuary for several game species, including four of the Big Five. The African Fauna and Bird Park houses various species of wildlife and birds.
The South African National Railway and Steam Museum at Randfontein Estates Gold Mine outside Krugersdorp houses some of the country's old steam locomotives, a dieselelectric locomotive, and more than 50 vintage passenger coaches. Train rides are offered once a month.
A team of Lippizaner stallions performs every Sunday at the South African National Horsemanship Centre, Kyalami, near Johannesburg.
Visitors to Roodepoort can go on walks and trails through the Kloofendal Nature Reserve, or enjoy a picnic or show at the popular Kloofendal Amphitheatre. The Witwatersrand National Botanical Garden boasts a 70-m high waterfall.
Forty kilometres north of Pretoria lies a ring of hills a kilometre in diameter and 100 m high. These hills are the walls of an impact crater left by an asteroid that hit there some 200 000 years ago. The Tswaing Meteorite Crater is similar in size to the well-known Barringer meteor crater in Arizona, USA. The Crater walls at Tswaing were originally about twice as high as they are today.
There is a museum adjacent to the Crater. A path leads from the museum to the Crater, along the rim, and down to the central lake. The Crater is covered with indigenous trees and bushes and attracts a variety of bird life.
The old mining town of Cullinan developed around the Premier Diamond Mine and many turn-of-the-century houses still stand. The Mine has produced some of the world's most famous diamonds, including the Cullinan, the world's largest at 3 106 carats.
The Willem Prinsloo Agricultural Museum outside Cullinan centres around a farmstead dating from 1880. Traditional farming activities are demonstrated, and annual events include a prickly-pear festival, a mampoer festival and the Agricultural Museum Show.
The Adler Museum of the History of Medicine depicts the history of medicine, dentistry and pharmacy in South Africa. The Pharmacy Museum in Melrose houses a large variety of medicines, including more than 670 traditional medicines that have been collected throughout southern Africa.
There is also a display of old prescription books and dictionaries used by pharmacists in 1755.
Museum Africa in Newtown tells the story of life in South Africa from the Stone Age to the Nuclear Age and beyond. The museum is located in the old fruit-and-vegetable building next to the Market Theatre.
The Market Theatre Complex comprises three theatres, an art gallery, restaurants and pubs. Kippies Jazz Bar is a popular venue for live jazz.
Lesedi Cultural Village in the Swartkops Hills north of Johannesburg gives visitors the opportunity to meet families of different tribes. Visitors can spend the night with a family of their choice.
The Phumanegna Zulu Kraal is an authentic Zulu kraal with traditional Zulu people living and working there.
The Melville Koppies in Johannesburg was once the site of a Stone Age African village and iron-smelting works. The flora includes 80% of the species recorded on the Witwatersrand. It is open to the public from September to April.
Gold Reef City is a reconstruction of Johannesburg during the gold-rush era. Attractions include a Victorian funfair, pubs, miners' houses, a brewery, restaurants, a hotel and a stock exchange. Visitors can take a trip down an old mine shaft and watch molten gold being poured.
The Apartheid Museum near Gold Reef City tells the story of the legacy of apartheid through exhibitions consisting of film footage, photographs, text panels and artifacts.
At Santarama Miniland and Entertainment World visitors can explore models of South Africa's most popular beacons, such as Robben Island, Johannesburg International Airport, East London Harbour, the Castle of Good Hope in Cape Town, and the Union Buildings in Pretoria.
The South African Museum of Military History houses an impressive collection of weaponry and uniforms from the two World Wars. The South African Transport Museum (Heidelberg) relates to all aspects of South Africa's transport services.
A large, well-established park surrounds Zoo Lake, which is frequented by breeding bird colonies. Other attractions include jazz concerts, rowing boats for hire, a tea garden and a restaurant.
Soweto (an acronym for South Western Townships) is a popular tourist destination. It is estimated that some 1 000 foreign tourists visit Soweto every day.
The two-bedroom house where former President Mandela lived before his incarceration has been declared a national monument and converted into a museum.
Another venue worth visiting is the Hector Petersen Museum, which commemorates the people who died following the student uprising of 16 June 1976. The museum was named after the young boy, who was the first person to be shot dead by police on that day.
Many historical buildings can be seen in the city, which is known for its jacaranda trees.
Church Square is centred around a statue of Paul Kruger, President of the former Zuid-Afrikaansche Republiek, and includes buildings such as the Old Raadsaal and the Palace of Justice.
The Kruger House Museum contains the personal belongings of President Kruger. Melrose House is a beautiful example of Victorian architecture. The Peace Treaty of Vereeniging, which ended the Anglo-Boer/ South African War, was signed here in 1902.
Demonstrations at the Pioneer Open-Air Museum include milking cows, making butter and candles, baking bread and grinding coffee beans.
Other museums include the Police Museum, the Science and Technology Museum, the Coert Steynberg Museum and the Transvaal Museum of Natural History.
The Voortrekker Monument also houses a museum and commemorates the Great Trek. Some 260 steps lead to the dome, where spectacular views of the city can be enjoyed.
Fort Schanskop has been refurbished and boasts a 375-seat amphitheatre.
The Union Buildings were designed by Sir Herbert Baker and completed in 1913. They were the setting for the presidential inauguration of Nelson Mandela in 1994, and of Thabo Mbeki on 16 June 1999.
The Sammy Marks Museum just outside Pretoria dates from 1885. Rooms in the house are filled with Victorian paintings, furniture, silver and porcelain. There is a tea garden and restaurant on the premises.
The General Smuts House Museum in Irene, south-east of Pretoria, contains the original furnishings of the Smuts family. A popular arts and craft market is held here on certain Saturdays.
The Rietvlei Nature Reserve is notable for its 73 grass types, 147 different herbs, a large number of game and over 140 bird species. In July 2000, five hippos were released into the Reserve, the first hippos to roam the area in more than 100 years.
The Mapoch Ndebele Village, north of Pretoria, is being restored by its residents and the National Cultural History Museum. To develop the project into a viable, living tourist village, the 50 families staying there have undergone tourist-guide and business training. It is the first living cultural village in South Africa owned and managed by its residents.
Mamelodi is a dynamic black community set against the majestic backdrop of the Magalies-berg mountain range. The township was established on the farm Vlakfontein in 1945, whose name was changed to Mamelodi in 1962. The Department of Environmental Affairs and Tourism, together with the Mamelodi Heritage Forum, launched the Mamelodi Heritage Route at the Solomon Mahlangu Freedom Square in Mamelodi, in September 2000.
KwaZulu-Natal continues to attract the largest number of local tourists, catering for 44% of the domestic-tourist market in 2000.
The Tourist Junction in Durban's historical station building provides access to tourist information, accommodation bookings for Ezemvelo KwaZulu-Natal Wildlife (formerly KwaZulu-Natal Nature Conservation Service) and South African National Parks, and theatre bookings.
The Golden Mile skirts the main beaches of the Indian Ocean. Attractions include an amusement centre, paddling pools, paved walkways and fountains.
The Durban area has more than 50 reserves, developed parks and specialised gardens, the most renowned being the Municipal Botanical Garden.
Seaworld on Durban's beach front is home to a wide variety of sea life, including sharks, dolphins and seals. Fish and sharks are hand-fed, and dolphin and seal shows are held daily.
The Fitzsimons Snake Park offers lectures and venom-milking demonstrations.
MiniTown is a model city depicting Durban's best-known buildings.
Museums include the Natural History Museum, the Natural Science Museum, the Old House Museum and the Old Fort.
The Shree Ambalavaanar Alayam Temple (The Second River Temple) in Cato Manor was the first Hindu temple on the African continent. It is a national monument.
The Juma Mosque is the largest mosque in the southern hemisphere. Daily tours are available.
Annual events in and around the city include the popular Comrades Marathon between Durban and Pietermaritzburg, an international surfing competition, and the July Handicap horse-race.
Umhlanga Rocks, just north of Durban, is notable for its ski-boating facilities. The annual Ski Boat Festival takes place in April. The Natal Sharks Board offers shark dissections and interesting displays. Guided tours of the Hawaan Forest are on offer. Hawaan is the last relic of coastal forest in the region and contains rare indigenous trees.
The Umgeni River Bird Park overlooks the Umgeni River and ranks among the world's best. Many varieties of birds, indigenous and exotic, inhabit walk-in aviaries.
The coastline between the Umdloti and the Tugela Rivers is aptly called the Dolphin Coast, as Indian Ocean bottlenose dolphins can be seen here all year round. The larger humpback dolphins are also found here, but are rarely seen.
Many of the first Indian immigrants settled here, and the area's markets, mosques and temples bring an authentic eastern flavour to the region.
Tongaat is an area where sugar was first planted in 1854. The town's Indian ambience is accentuated by two prominent Hindu temples - the Juggernath Puri and Vishwaroop temples.
Other coastal towns on the Dolphin Coast include Shaka's Rock, Salt Rock, Ballito, Verulam, Stanger, Darnall and Umdloti.
The Hluhluwe-Umfolozi Park is one of the largest game parks in South Africa and hosts the Big Five as well as the elusive cheetah and wild dogs.
The eMakhosini Valley, birthplace of King Shaka, is the venue for a new tourism- and economic-development project. Known as Makhosini, 'the Valley of Zulu Kings', the joint public-private sector project aims to preserve the culture and history of the Zulu people. The project was launched in October 1998. Construction of the first lodge in the Valley, called Nexele's House, started at the end of March 2000. Tourism KwaZulu-Natal has injected a sum of R1,36 million as seed capital for the development of the lodge.
The eMakhosini Memorial Site, where seven Zulu Kings are buried, was unveiled in May 2003.
Ulundi lies at the hub of the old Zulu Kingdom. The KwaZulu Cultural Museum houses interesting displays relating to Zulu history and archaeology. The beehive huts and the layout of the original Zulu village have been reproduced.
Umgungundlovu used to be the royal capital of King Dingaan and is being reconstructed. A tour provides the opportunity to observe Zulu building techniques and experience the social life of the Zulu people.
Authentic Zulu villages such as Shakaland, Kwabhekithunga Kraal and Stewart's Farm offer accommodation and the opportunity to experience traditional Zulu culture.
The Lubombo Corridor is one of the Spatial Development Initiatives spearheaded by government to unlock economic potential in previously neglected areas. The Corridor will stretch from the St Lucia Wetland Park in KwaZulu-Natal, along the Indian Ocean coastline, to Ponta do Ouro in Mozambique, and will embrace the Jozini Dam and game reserves in Swaziland. The area supports 3 048 different plant and animal species and six ecosystems. In addition to 25 major tourist attractions, there are 11 game reserves and the World Heritage Site, the Greater St Lucia Wetland Park, as well as Border Cave, which is in a cliff-face in the Lubombo mountains, near the Swaziland border. The Cave has long been one of the most important sites for archaeologists seeking the beginnings of modern human beings.
The Greater St Lucia Wetlands have some of the highest forested dunes in the world. The St Lucia Lake and its surroundings comprise a wetland of global importance. It is a fishing and bird-watcher's paradise.
The Kosi Bay Nature Reserve is part of the Coastal Forest Reserve between Mozambique and Sodwana Bay. The adjacent Indian Ocean provides exciting snorkelling and fishing opportunities. On offer is a four-day guided walking trail around the estuarine system. Lake Sibaya is South Africa's largest natural freshwater lake, covering some 77 km2. Bird-watching and walks through the coastal forest are major attractions.
Sibaya Lake Lodge, the first South African ecotourism development jointly owned by private enterprise and the local community, was officially launched in September 1999. The development is administered by the Kwa-Chithumuzi Tourism and Development Trust.
Maputuland is a region of coral, unspoilt beaches, freshwater lakes, sand forests, wetland systems and bushveld. Activities include game-viewing, snorkelling, diving, boat cruises, canoeing and walking safaris.
The coral reef in the Sodwana Bay National Park attracts hundreds of scuba-divers throughout the year, and in summer powerboaters arrive for some of the best marlinfishing in the world.
The Banana Express is a narrow-gauge steam train running between Port Shepstone and Paddock and back (39km) twice a week. A shorter route is also available.
Amanzimtoti is popular for its safe swimming beaches and various other activities and attractions.
The Hibiscus Coast stretches between Umkomaas and the Wild Coast. Margate is the largest resort town along this Coast, and is very popular during the holidays. The Hibiscus Festival is held in July.
The Oribi Gorge Nature Reserve encompasses forest, rivers, rapids and ravines.
Prolific bird life, including five kingfisher species and seven eagle species, inhabits the Reserve, along with a variety of mammals.
Port Edward is known for its safe swimming and good fishing opportunities. Nearby, the Umthamvuna Nature Reserve is noted for its beautiful scenery, bird life and many rare plant species.
The Shell Museum at Shelly Beach is well worth a visit to see its large display of shells.
Other popular coastal towns include Port Shepstone, Ramsgate, St Michael's-on-Sea, Uvongo and Scottburgh.
Sardine fever strikes the South Coast around the end of June every year, with people flocking to the beaches to scoop the sardines up, while anglers wait for the game fish to arrive.
Pietermaritzburg boasts various museums, including the Voortrekker Museum, the Natal Museum and the Natal Steam Railway Museum, which offers steam-train rides on the second Sunday of every month.
The Albert Falls Public Resort Nature Reserve and the Albert Falls Dam provide opportunities for sailing, canoeing and fishing.
Bird watching, horse riding and hiking are also popular pastimes.
The Howick Falls are situated in the Valley Nature Reserve, where the river tumbles down 100 m in a single fall. The Midlands Meander is a scenic drive between Hilton and Mooi River with about 70 ports of call en route, ranging from art studios, potters and painters, to herb gardens and cheese-makers.
Midmar Dam is zoned for yachting and powerboating. The 1000-ha Midmar Game Park is inhabitated by rhino, zebra, a wide variety of antelope species, and waterfowl.
Ezemvelo KwaZulu-Natal Wildlife's trout hatcheries are located in the Kamberg Reserve.
The Lotheni Nature Reserve is notable for its trout-fishing facilities (angling permits are required). Relics of the area's history have been preserved in the Settler Museum.
The Himeville Nature Reserve has two lakes stocked with trout. The Swamp Nature Reserve close by attracts a variety of waterfowl, including the rare wattled crane.
The Ndedema Gorge is located in the Mdedelelo Wilderness Area near Cathedral Peak, and contains examples of Khoi and San art.
Sani Pass is the only road between KwaZulu-Natal and the Kingdom of Lesotho. The Giant's Cup Hiking Trail, starting at the foot of the Pass, is described as one of South Africa's finest. Giant's Castle Game Reserve is especially known for its more than 5 000 San paintings on the walls of the caves. The Bushman Site Museum is well worth a visit.
The Reserve is a bird-watcher's paradise, and a bird hide facilitates the viewing of cliffdwelling species.
The Royal Natal National Park offers many scenic highlights, including the Amphitheatre, Mont-aux-Sources and the Tugela Falls.
The Kamberg Rock Art Centre, situated in the Ukhahlamba-Drakensberg Park, offers visitors a glimpse of more than 40 000 San Bushman images.
The Ukhahlamba-Drakensberg Park is one of 23 World Heritage Sites worldwide.
The 230 000 ha of protected area contains 500 known sites of San rock art. The Kamberg San Rock Art Trail and Interpretive Centre offer visitors information about the world of the San, and the opportunity to walk to the game pass shelter to view outstanding examples of their art in the company of a trained guide.
The Drakensberg mountain range forms the north-western border of KwaZulu-Natal.
A variety of wildlife including antelope, predators, small mammals and reptiles can be seen here.
The whole area is a bird sanctuary, and the endangered lammergeier (or bearded vulture) can be spotted. The highest concentration of walks and trails in South Africa is found here.
Many of these trails lead to sites once inhabited by the San, whose legacy of rock art can be viewed.
White and black rhino, elephant, crocodile, giraffe, cheetah and leopard, among others, can be seen at the Itala Game Reserve.
The KwaZulu-Natal Battlefields Route has the highest concentration of battlefields and related military sites in South Africa. The Battlefields Route starts at Estcourt and winds north through Colenso and Ladysmith to Newcastle and Volksrust, and eastwards to Utrecht, Glencoe, Dundee, Nqutu, Paulpietersburg, Vryheid, Babanango and Ulundi.
All the towns along the Route have their unique charm and range of attractions: arts and craft, scenic hiking trails, farm resorts, Zulu culture and roadside stalls. Game viewing, natural hot springs, horse trails and water sport can also be enjoyed.
The Chelmsford Nature Reserve near Newcastle is a bird-watcher's paradise.
Power boating and carp fishing are added attractions. Game includes springbuck, zebra, rhino and blesbuck. Other interesting places to visit are Majuba Hill and O'Neill's Cottage.
The Ladysmith Siege Museum provides insight into the Battles of Colenso, Spioenkop, Vaalkrans and Tugela Heights. Guided tours to nearby battlefields such as Wagon Hill are arranged by museum staff. Other attractions in Ladysmith include the Statue of Fandhi, the All Saints Church, the Soofi Mosque and the Spioenkop Dam and Nature Reserve.
Near Dundee, tourists can visit various battlefields, including Blood River, Isandlwana, Rorke's Drift and Talana. The Talana Museum depicts various facets of the coal industry, as well as local Zulu, Boer and British history.
Rorke's Drift was the setting for one of the most famous battles of the War. The main attrraction is the Rorke's Drift Battle Museum.
Department of Environmental Affairs and Tourism Eastern Cape Provincial Government Free State Provincial Government Gauteng Provincial Government KwaZulu-Natal Provincial Government Limpopo Provincial Government Mpumalanga Provincial Government Northern Cape Provincial Government North West Provincial Government South African National Parks South African Tourism Western Cape Provincial Government www.gov.
Ballard, S. South African Handbook. 2nd ed. Bath (UK): Footprint Handbooks, 1997.
Barbour, A. Fodor's South Africa. New York: Fodor, 1996.
Beckett, D. Madibaland. Johannesburg: Penguin Books South Africa, 1998.
Bell, G. Somewhere Over the Rainbow: Travels in South Africa. London: ABACUS, 2001.
Braak, L.E.O. Kruger National Park: A Visitor's Guide. Revised edition. Cape Town: Struik, 1998.
Brett, M. and Mountain, A. Touring Atlas of Southern Africa. Cape Town: Struik, 1997.
Brett, M. and others. South Africa. London: Dorling Kindersley, 1999.
Bulpin, T.V. Discovering Southern Africa. 6th ed. Cape Town: Tafelberg,2001.
Butchart, D. Wild about Johannesburg: All-in-One Guide to Common Animals, Plants of Gardens, Parks and Nature Reserves. Halfway House: Southern Book Publishers, 1995.
Connolly, D. Connolly's Guide to Southern Africa. 5th ed. Scottburgh: Connoly Publishers, 1992.
Crewe-Brown, M. Traveller's Companion to South Africa. 2nd ed. Johannesburg: CBM Publishing, 1994.
Deacon, H. The Essential Robben Island. Cape Town: Mayibuye Books and David Philip, 1997.
Dennis, N. and Scholes, B. The Kruger National Park: Wonders of an African Eden. London, Cape Town: New Holland, 1994.
Derwent, S. Guide to Cultural Tourism in South Africa. Cape Town: Struik, 1999.
Detert, L. ed. Automobile Association (AA) Hotels, Lodges, Guest-Houses, B&Bs, 2002/03 edition. Johannesburg: Automobile Association, 2002.
Duncan, P. Thomas Cook Traveller's South Africa. Basingstoke, Hampshire (UK): AA Publishing, 1996.
Du Plessis, H. Tourism Destinations: Southern Africa. Cape Town: Juta, 2000.
Erasmus, B.P.J. On Route in South Africa: A Region by Region Guide to South Africa. Johannesburg: Jonathan Ball, 1995. Also available in Afrikaans as Op Pad in Suid-Afrika.
Federated Hotel Association of Southern Africa. Hotelier and Caterer Buyers' Guide. 1996 - 1997. Cape Town: Ramsey Son and Parker, 1997.
George, R. Marketing South African Tourism and Hospitality. Cape Town: Oxford University Press, 2001.
Haw, S., Unsworth, A.and Robertson, H. Rediscovering South Africa. Cape Town: Spearhead, 2001.
Isaacson, R. The Healing Land: A Kalahari Journey. London: Fourth Estate, 2001.
Jordaan, M.J.S. Tourism in South Africa. 2nd ed. Bloemfontein: The Author, 2001.
Joyce, P. South Africa. 2nd ed. London: New Holland Publishers, 1996. (Globetrotter Travel Guide.) First published in 1994.
Keyser, H. Tourism Development. Cape Town: Oxford University Press, 2002.
Kok, P. and Pietersen, J. Tourism. Pretoria: Human Sciences Research Council, 2000.
Koornhof, A. Dive Guide: South Africa. London: New Holland Publishers, 2000.
Leigh, M. Touring in South Africa. 2nd ed. Revised and updated by Brian Johnson Burker. Cape Town: Struik, 1993.
Levy, J. Complete Guide to Walks and Trails in Southern Africa. 3rd ed. Cape Town: Struik, 1993.
Loubser, J. ed. Tourist and Leisure Destinations 2002/03. Cape Town: Comparex Africa, 2001.
Loubser, J. ed. Western Cape Tourist and Leisure Road Atlas. Cape Town: Lapa Publishers, 2000.
Magubane, P. Soweto; text by C. Smith. Cape Town: Struik, 2001.
Maylam, P. and Edwards, I. eds. The People's City: African Life in the Twentieth Century. Pietermaritzburg: University of Natal Press, 1996.
National Parks of South Africa. Photography byA. Bannister. Text by B. Ryan. Cape Town: Struik,1993.
New South African Book of the Road. 2nd ed. Cape Town: AA Motorist Publications, 1995.
O'Hagan, T. Wild Places of Southern Africa. 3rd edition. Cape Town: Struik, 2001.
Olivier, W. Guide to Backpacking and Wilderness Trails. Halfway House: Southern Book Publishers, 1991.
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Paynter, D. and Nussey, W. Kruger: Portrait of a National Park. Halfway House: Southern Book Publishers, 1992.
Places to Visit in Southern Africa. Cape Town: AA Motorist Publications, 1995.
Reader's Digest Illustrated Guide to the Game Parks and Nature Reserves of Southern Africa. 3rd ed. Cape Town: Reader's Digest Association, 1997.
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Stuart, C. and Stuart, T. Guide to Southern African Game and Nature Reserves. 4th ed. Cape Town: Struik, 1997.
Sycholt, A. A Guide to the Drakensberg. Cape Town: Struik, 2002.
Van der Merwe, P. and Saayman, M. Managing Game Farms from a Tourism Perspective. Potchefstroom: Leisure Consultants and Publications, 2002.
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North West Department for Public Works, Roads and Transport has handed over four Fifa Protocol routes to the 2010 World Cup Local Organising Committee (LOC) on Monday.
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Speaking at the event Manana said the initiative by government was a direct response to the request by the CPFs and patrol teams who requested the resources last year during an Imbizo.
She commended the CPFs and patrol teams for their dedication in assisting the police in the war against crime. She however warned them not to commit crime using the reflector jackets.
Manana explained that the war against crime could only be won through such partnerships with the community. She said it was critical for government to empower communities with such resources in order to strengthen the relationship and to be efficient in fighting crime.
Manana has however called on the community to refrain from taking law into their own hands while dealing with criminals because the law will deal harshly with any form of vigilantism.
When patrolling the streets and come across suspects, you should not be tempted to take the law in our own hands.
"Vigilantism creates anarchy and lawlessness in our society hence it must be condemned and anyone who is suspected must be handed to the police so that the law could take its course," said Manana.
The event was part of the Safety and Security Focus Month that kick-started with a Border Security Campaign held at Komatipoort earlier this month. The purpose of the border security campaign was to enhance awareness about border security within the communities residing along the borderline. The campaign was held in partnership with Transnet, Home Affairs Department and Community Police Forum.
The department has also conducted Sports Against Crime activities at Nyongane near Hazyview on Saturday where four schools participated in a soccer tournament. The purpose of those games was to assist in enhancing awareness around the forthcoming Soccer World Cup.
The purpose of Safety and Security Focus Month was to encourage people to volunteer in community structures such as Community Police Forums, street committees or to become police reservists in an effort to assist in the fight against crime.
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The North West Provincial Legislature's Portfolio Committee on Human Settlements, Public Safety and Liaison will conduct public hearings on the Sectional Titles Schemes Management Bill 2010; and Community Scheme Ombud Service Bill, 2010. The public hearings will be held at Masamane Community Hall in Mahikeng and at Leeuw Doomstad Hall in Wolmaranstad on the 18 March; and at Magong Community Hall in Moruleng and at Pudumoeng Community Hall in Taung on 23 March. All public hearings commence at 10h00.
The Sectional Titles Schemes Management Bill seeks to bring all housing related legislation under the administration of the Department of Human Settlements to deal with complaints from the public about problems arising from administration of sectional title schemes; remove the schemes governance provisions currently contained in the Sectional Titles Act and; provide for matters connected therewith.
The Community Scheme Ombud Service Bill seeks to establish a dispute resolution service for all community schemes being those property developments in which governance by community is involved so as to, effect to an affordable dispute resolution available to all parties involved in community schemes and give effect to custody and administration of sectional title governance documentation.
South Africa has not been having a legislatively capacitated forum to deal with dispute arising out of community scheme. So as results of that legislative vacuum; it has been thought appropriate that the Legislature develops a clear defined dispute resolution forum in the form of community scheme ombudsman so as to deal with matters of this nature.
The issue relating to management of section titles has been regulated under Section title Act 95 of 1986 which is being administrated by the Department of Rural Development and Land Reform. As such; the cabinet made a decision that all matters relating to housing should be placed under the Department of Human Settlement; hence the necessity to relocate from the Department of Rural Development and Land Reform. All matters related to housing should be placed under the Department of Human Settlements.
Members of the media are invited to attend and they should contact Namhla Luhabe at 079 527 0628.
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Municipalities are responsible for providing basic services to everyone living inside their jurisdiction.
municipal parks and recreation.
In order to provide these services, the Municipality charges residents rates.
These rates depend on your water and electricity consumption. You will receive a monthly account that sets out how much you owe.
For more information on this, contact your local municipality.
used to fund various services provided by municipalities.
Property rates are paid by owners of all kinds of real property, including commercial, industrial, residential, agricultural and government property.
Property rates are based on the municipal value of your property. Property rates are set, collected, and used locally. This means that the charges differ from area to area and that the money collected is spent in your municipal area.
The municipal value of your property is worked out by considering the market value of property, which includes land and improvements. Professional, independent valuers registered with the South African Council for Valuers, whose job is to ensure that all properties are valued fairly and objectively, conduct valuations.
Once your property has been assessed, you can examine your assessment and appeal against it if you feel that it is unreasonable.
Your rates account shows the entire amount that you need to pay for the year.
Contact your Local Authority for more information.
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Mpumalanga offenders who are close to completing their sentences built a house for a Kwaggafontein old woman and also vowed to protect her when they come out of jail.
The old woman had repeatedly been abused emotionally and sexually by the local youth who used to break into her dilapidated house.
The woman was one of those who reported their plights to the Justice Criminal and Prevention Cluster (JCPS) during a community outreach arranged by the Mpumalanga Department of Community Safety, Security and Liaison last year.
In an effort to ensure that victims of crime are empowered, one of the JCPS departments, Correctional Services, facilitated the building by inmates of the house for the old woman.
The house is built from cement blocks with a built-in toilet, plastered both inside and outside, fully burglar-proofed and boosted with a steel fence.
Speaking at a hand-over ceremony on Saturday, Mpumalanga Community Safety, Security and Liaison Head of the Department Isaiah Khoza said it was a good gesture that inmates utilized their skills and build a house for the old woman.
Khoza explained that the cluster visited the area last year at the request of the local Community Policing Forum (CPF) adding that such relationships between the community and the police needed to benefit communities.
He added it was disturbing that it was the youth who victimized elderly women and children in communities.
The departure of the 1976 youth was to defend the weak not victimize the elders. You cannot claim to be brave when you abuse women and children. Our parents did not go to school, however they expect us to protect them.
"The prisoners have done well to display their willingness to change. When they come out of jail, welcome them back to society allow them to utilize the skills they have acquired from prison," said Khoza.
Mpumalanga Correctional Services Acting Regional Commissioner Lunga Tseana applauded the inmates for adopting the old woman.
"These in-mates pleaded with me to allow them just one night to police this area and deal with criminals. They do not want crime anymore. They also do not want anybody to go to jail," said Tseane.
The Correctional Services further presented the old woman with gifts such as a bed, clothes, food and a stove.
The inmates vowed before the old woman that when they finish their sentences, they would come and protect her from other criminals.
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o This amount will remain unchanged as it includes professional fees, allowance for contingencies and escalations.
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The Draft National Sport plan has been released by the South African Sport and Recreation Department. The Draft Plan has been released countrywide for comments by sport bodies and the general public.
NSP Draft 7-28 May 2011 (File type: pdf; size: 1.
Transformation Charter with scorecard integrated - draft 6 (File type: pdf; size: 2.
Road Map to Optimal Performance (File type: pdf; size: 4.
National Sport Plan Regional Indaba (File type: pdf; size: 7.
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The South African government says it is confident that all measures have been put in place to ensure that the country hosts a successful 2009 Fifa Confederations Cup tournament.
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The National Department of Sport and Recreation recently released its Draft National Sport Plan for comment. Sport and recreation bodies, as well as the general public, are invited to comment.
The importance of offering sport and recreation in all schools within South Africa and ensuring that physical education is compulsory and implemented in all schools.
The participation of the masses of our people in sport and recreation activities through dedicated and customised mass-based programmes and projects. Grassroots sports programmes such as modified sport will be an important foundation for sporting codes. Mass participation initiatives will also include the organisation of annual national youth camps to keep young people active, interested in life with increased self-esteem, promote patriotism and a strong sense of citizenship among young people.
The enhancement of healthy lifestyles through the provision of recreation programmes.
The contribution of the sport and recreation sector to job creation.
The above regional indabas will culminate in the Provincial Sport Indaba which will be held on 16 July at the University of the Western Cape.A copy of the Draft National Sport Plan can be found at the Department of Cultural Affairs and Sport and Recreation website.
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Closing Date: This advertisement is valid for a period of 12 months up to 1 June 2012. The recruitment process will start immediately after 1 July 2011.
Service Benefits: 13th cheque, employer's contribution to the pension fund, housing and medical aid allowance.
Appropriate qualification that allows for the required registration with the HPCSA as a Clinical Technologist.
The successful candidates will have the opportunity to work and train in a stimulating environment which also offers opportunities for research and further development.
Requirements - Minimum Educational Qualification: Appropriate qualification that allows for the required registration with the Health Professions Council of South Africa (HPCSA) as a Clinical Technologist.
Registration with a Professional Council: Registration with the HPCSA as a Clinical Technologist.
Grade 1: None after registration with the HPCSA as Clinical Technologist in respect of SA qualified employees who performed Community Service, as required in South Africa.
One year relevant experience after registration with the HPCSA as Clinical Technologist in respect of foreign qualified employees, of whom it is not required to perform Community Service, as required in South Africa.
Grade 2: Minimum of ten years' relevant experience after registration with the HPCSA as Clinical Technologist in respect of SA qualified employees who performed Community Service, as required in South Africa.
Minimum of 11 years' relevant experience after registration with the HPCSA as Clinical Technologist in respect of foreign qualified employees, of whom it is not required to perform Community Service, as required in South Africa.
Grade 3: Minimum of 20 years' relevant experience after registration with the HPCSA as Clinical Technologist in respect of SA qualified employees who performed Community Service, as required in South Africa.
Minimum of 21 years' relevant experience after registration with the HPCSA as Clinical Technologist in respect of foreign qualified employees, of whom it is not required to perform Community Service, as required in South Africa.
Competencies (Knowledge/Skills): Proficiency in two of the three official languages of the Western Cape.
Note: This post was also advertised in the Cape Argus and Die Burger.
Applications on form Z.83 containing full particulars (separate sheet if necessary) regarding qualifications and experience, should be accompanied by certified copies of qualifications, driver's licence (if required), together with a Curriculum Vitae, and the names of three referees, must be forwarded to the address as indicated. Candidates are requested to complete Section B of the form Z83. The information is required to enable the Department to ensure employment equity is complied with in accordance with EEA, 1998. It will be expected of candidates to be available for selection interviews on a date, time and place as determined by the Department.
Transfers/translation of employees must be dealt with in terms of Circular 112/2002 dated 3 October 2002.
Circular H8/2004 dated 8 February 2004 contains complete details regarding the revised non-pensionable recruitment allowances (rural allowance) and retention allowance (scarce skills allowance) for certain categories of Health personnel.
Candidates must refer to this Bulletin and the date thereof. Please note that a separate application form must be completed for each post. The Department of Health is guided by the principles of Employment Equity. Disabled candidates are encouraged to apply and an indication in this regard will be appreciated. As directed by the Department of Public Service and Administration, applicants must note that further checks will be conducted once they are short-listed and that their appointment is subject to positive outcomes on these checks, which include security clearance, qualification verification, criminal records, credit records and previous employment.
Please note that any job applications sent by fax or e-mail will not be accepted. All job applications, including Z83 forms, CVs and certified documents, must be posted or delivered by hand to the address listed in each advertisement.
NB: Applications, which are received after the closing date, will not be considered.
See as per advert.
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On Thursday night, 23 June 2011, Prof Craig Househam, Head of the Western Cape Department of Health, won the Top Performing Government Leader Award at the Annual African Access Business Awards held at the Sandton Convention Centre in Johannesburg.
The awards is considered the premier awards event for South African businesses. The annual awards ceremony recognises and honours the top performers of the year in both business and industry and government. Prof Househam has been a driving force behind the many positive changes made to the health landscape in the Western Cape since he took over in 2001. Since the approval of his brain child, Healthcare 2010, the department has implemented policies and programmes that have led to many improvements in service delivery and patient experience.
"The award we received last night is testament of a team of experts working well within a unit. Winning this award demonstrates that we are moving in the right direction when it comes to providing healthcare to our citizens. We have offered much of ourselves and going forward we will offer even more to be rated the best provincial Department of Health in the world for healthcare," says Professor Craig Househam, Head of Western Cape Department of Health.
With an illustrious career in medical science, Professor Househam, with a wealth of experience, obtained his MB CHb and MD at UCT in 1973 and 1986 respectively. From 1996 to 2001, he was the Deputy Director General: Head of Health in the Free State. Professor Househam led the vision to a new strategic direction for the Western Cape called Healthcare 2010. This has seen the transformation of healthcare services which led to service improvements, effective management, reaching service delivery targets and achieving unqualified audits.
Western Cape Minister of Health, Theuns Botha, congratulated Prof Househam and the department on this outstanding achievement. "Professor Househam and the department deserve this public acknowledgement and recognition for their entrepreneurship and out-of-the-box thinking. They work under difficult circumstances and the public demand is overwhelming at times. They have displayed exemplary innovation over a long period of time and, above all, our employees are succeeding in implementing these innovations from top management levels right through to every health facility in the rural areas of this province. They have done us proud."
With the development of a new vision and strategy towards 2020, the Western Cape Department of Health will make the provision of a comprehensive package of health services, including the promotion of health, prevention of disease, curative care and rehabilitation, and training and education, delivered across all levels of care. With this in mind, the Department of Health will focus on the following key elements of the strategy: wellness patient centeredness - a move towards an outcomes-based approach, the retention of a primary healthcare philosophy, strengthening the District Health Services (DHS) model, and building strategic partnerships.
Editor's notes: For more information on the African National Business Awards, visit their website.
Core function of the Western Cape Department of Health: The core function and responsibility of the Western Cape Department of Health is to deliver a comprehensive package of health services to the people of the province. The Western Cape Department of Health is ensuring and improving the health of all people in the Western Cape and beyond by the providing a balanced health care system, in partnership with all stakeholders, within the context of optimal socio-economic development.
<fn>GOV-ZA.221483En.2012-02-10.en.txt</fn>
Closing Date: This advertisement is valid for a period of 12 months up to 1 June 2012. The recruitment process will commence immediately after 1 July 2011.
Requirements - Minimum Educational Qualification: Successful completion of the Critical Care Assistant (CCA) course or National Diploma or B-Tech degree that allows registration with the HPCSA as Paramedic or ECP.
Grade 3: CCA/ NDIP - Three years after registration with the HPCSA as Paramedic.
Grade 4: BTECH - Three years after registration with the HPCSA as an ECP.
Registration with a Professional Council: Registration with the Health Professions Council of South Africa (HPCSA) as a Paramedic or ECP.
A valid Code C1 driver's licence.
Professional driver's permit.
Experience in moderation and assessment of students in the field of Pre-hospital Emergency Medical Care.
Previous and appropriate management and administration skills for course coordination.
Two years' teaching experience.
The ability to work in a team.
Problem-solving and decision-making abilities.
Coordinate teaching and learning activities on the programme.
Develop course content and prepare learner guides.
Coordinate the setting and marking of learner assessments.
Evaluate and review programme materials.
Facilitate learning both theoretical and experiential, within an evidenced-based medical framework.
<fn>GOV-ZA.221490En.2012-02-10.en.txt</fn>
Service benefits: 13th cheque, employer's contribution to the pension fund, housing and medical aid allowance.
Requirements - Minimum educational qualification: Successful completion of the Critical Care Assistant (CCA) programmes or recognised National Diploma or B-Tech degree that allows registration with the HPCSA as Paramedic or Emergency Care Practitioner (ECP).
Grade 1: None after registration with the HPCSA as Paramedic.
Grade 2: 7 Years after registration with the HPCSA as Paramedic. None after registration with the HPCSA as Paramedic with a National Diploma.
Grade 3: Registered Paramedic (CCA) - 14 years after registration with the HPCSA as Paramedic.
Registered Paramedic (NDIP) - 7 years after registration with the HPCSA as a Paramedic (CCA).
None after registration with the HPCSA as an ECP.
Grade 4: Registered Paramedic (CCA) - 24 years after registration with the HPCSA as Paramedic.
Registered Paramedic (NDIP) - 17 years after registration with the HPCSA as Paramedic.
Registered ECP's -10 years after registration with the HPCSA as an ECP.
Registration with a professional council: Registration with the Health Professions Council of South Africa (HPCSA) as a Paramedic (CCA or NDIP) or ECP.
Previous and appropriate management and administration skills.
2 Years teaching experience.
Problem solving and decision making abilities.
Effective and efficient instruction on clinical training programmes.
Assistance on other Training Programs.
Candidates must refer to this Bulletin and the date thereof. Please note that a separate application form must be completed for each post. The Department of Health is guided by the principles of Employment Equity. Disabled candidates are encouraged to apply and an indication in this regard will be appreciated. As directed by the Department of Public Service & Administration, applicants must note that further checks will be conducted once they are short-listed and that their appointment is subject to positive outcomes on these checks, which include security clearance, qualification verification, criminal records, credit records and previous employment.
N.B: Applications, which are received after the closing date, will not be considered.
<fn>GOV-ZA.221518En.2012-02-10.en.txt</fn>
New Somerset Hospital's Neonatal Unit will receive a much needed incubator from the Medscheme Group, worth nearly R100 000. The donation will benefit the hospital and, most importantly, the premature babies who need them.
These incubators will help to keep prematurely born babies alive by providing them with better temperature support, reducing the likelihood of infections, respiratory support, as well specialised feeding.
Members of the media are invited to attend the handover.
<fn>GOV-ZA.221694En.2012-02-10.en.txt</fn>
Requirements - Minimum Educational Qualification: Successful completion of an appropriate Intermediate Life Support (ILS) course that allows registration with the HPCSA as Ambulance Emergency Assistant (AEA).
Experience: None after registration with the Health Professions Council of South Africa (HPCSA) as an AEA.
Registration with a Professional Council: Registration with the HPCSA as an AEA.
Excellent knowledge of emergency care protocols.
Good communication and interpersonal skills.
Emergency patient care response.
Incident and rescue response subject to medical protocol.
Note: Please be advised that all shortlisted candidates will be subjected to a driving evaluation.
Note: This post was also advertised in the Cape Argus, Die Burger, Sunday Times, Rapport and the City Press.
Applications on form Z83 containing full particulars (separate sheet if necessary) regarding qualifications and experience, should be accompanied by certified copies of qualifications, driver's licence (if required), together with a Curriculum Vitae, and the names of three referees, must be forwarded to the address as indicated. Candidates are requested to complete Section B of the form Z83. The information is required to enable the Department to ensure employment equity is complied with in accordance with EEA, 1998. It will be expected of candidates to be available for selection interviews on a date, time and place as determined by the Department.
R92 112 per annum.
<fn>GOV-ZA.221718En.2012-02-10.en.txt</fn>
Requirements - Minimum Educational Qualification: Successful completion of an appropriate Basic Life Support (BLS) course that allows registration with the HPCSA as Basic Ambulance Assistant (BAA).
Experience: None after registration with the Health Professions Council of South Africa (HPCSA) as BAA.
Registration with a Professional Council: Registration with the HPCSA as a BAA.
R78 192 per annum.
<fn>GOV-ZA.22195En.2012-02-10.en.txt</fn>
Although this is a National decision, water, sanitation and electricity are provided by local authorities and so the actual provision of these free basic services is the responsibility of your local municipality.
By July 2001, approximately 23 million people in South Africa were receiving Free Basic Water.
The aim ultimately is to provide poor households with a basic supply of 6 000 litres of safe water per month free of charge. This might vary from municipality to municipality and you should contact your municipality directly to find out exactly what the free basic water service is that they provide.
You are required to pay for water that is used over and above the free supply.
Free electricity services are specifically targeted at poor households. These households will be provided with an small amount of electricity for free but they must pay for any electricity that is used over the basic service level.
The proposed amount of free electricity is 50kWh per household per month for a grid-based system. This is the approximately the amount of energy needed for basic lighting, running a small black and white TV and a small radio, basic ironing and basic water boiling through an electric kettle. 50Wp will be provided per non-grid connected supply system for all households connected to the official non-grid systems.
Users who have pre-paid electricity meters will be able see when the free electricity is used up and will be able to buy more electricity at their own expense. Users with credit meters will not be able to see easily when they have used up their units. They will be charged for additional use at the end of each month.
Free Basic Electricity will be phased in from July 2003, after Municipalities have received their funds from the Department of Provincial and Local Government.
Following from the successful implementation of the Free Basic Water programme, the Department of Water Affairs and Forestry is now in the process of developing a National Free Basic Sanitation Strategy. This is being done with guidance from the National Free Basic Water and Sanitation Task Team, which is chaired by SALGA and co-ordinated by DWAF. The aim is to develop a flexible national strategy, which assimilates the vast knowledge and practical experiences from within the water and sanitation sector.
When the strategy is finalised it will be implemented by the local authorities that provide sanitation services.
<fn>GOV-ZA.221963En.2012-02-10.en.txt</fn>
The Provincial AIDS Council meets quarterly to determine the future proactive strategies with regard to the challenge of HIV and AIDS in communities across the province.
The Western Cape government has taken the initiative to offer council membership to NGOs and stakeholders. Today is the first Council meeting where these NGOs, who represent the business sector, as well as the youth, women and labour, will participate.
Western Cape Minister of Health, Theuns Botha, who also chairs the Provincial AIDS Council, will introduce these new members to the media this afternoon after the meeting.
Sithembiso Magubane of the Western Cape Department of Health: Communications Directorate will meet attendees at security and assist with access.
<fn>GOV-ZA.221cogtabudgetvotetobepretedinparliatontuesday31stmay2011En.2012-02-10.en.txt</fn>
Pretoria, 27 May 2011 - Acting Minister for Cooperative Governance and Traditional Affairs, Nathi Mthethwa, is due to present the 2011-2012 Budget Vote in Parliament on Tuesday 31 May, 2011.
Key priorities of the new term of municipal councils, the Local Government Turn Around Strategy (LGTAS), the Delivery Agreement on Outcome 9, service delivery imperatives, job creation and the integration of Councilor programmes with traditional leaders' will come into sharp focus in Minister Mthethwa's presentation.
Members of the media are encouraged to make use of this opportunity to engage the Minister on the details of his speech and how he plans to move the department closer to achieving its vision of: "An integrated, responsive and highly effective governance system working with communities to achieve sustainable development and improved service delivery".
Issued by the Ministry for Cooperative Governance and Traditional Affairs (CoGTA).
<fn>GOV-ZA.222020En.2012-02-10.en.txt</fn>
The Provincial Department of Health's Emergency Medical Services (EMS) is currently working on the scene of a motor vehicle accident where a Sasko flour truck lost control due to brake failure and plunged over the side of the mountain in the Franschhoek Pass.
EMS Rescue has been on the scene since after 07:00 this morning. A rescue crane and Jaws of Life were used for the trapped driver.
One adult male was declared dead on arrival and one seriously injured male was flown to Vincent Palotti by Skymed which left at 11:00. Another two less injured males were taken to Paarl Medi-Cllinic.
<fn>GOV-ZA.222060En.2012-02-10.en.txt</fn>
Today, 29 June 2011, marked an important date in the history of the Provincial AIDS Council in the Western Cape. It is the first meeting of this kind attended by NGO representatives that represent civil society and that are actively involved in HIV/AIDS-related work within communities and across all sectors.
Chaired by the Western Cape Minister of Health, Theuns Botha, the council meets on a quarterly basis. In an effort to establish a more representative council with participation of all sectors, Minister Botha invited nominations from various civil society organisations to the Council, who were subsequently officially appointed to the Council.
Minister Botha said: "I invited these organisations to participate as members of the Council, because I recognise the co-responsibility and the important role that NGOs and other partners play in our efforts to fight HIV/AIDS. I am very happy that these organisations are on board in order for the Council to have a truly representative nature."
"The co-opting of these representatives onto the Council is our vote of confidence and recognition for the work these organisations do, and we value their work, the resources and the expertise they bring to the table," said Minister Botha.
"We are winning the war against HIV/AIDS in the Western Cape with significant improvements over the past two years with the roll-out of ARVs and the HIV Counselling and Testing Campaign. NGOs form an important part of this roll-out," added Minister Botha.
The Provincial AIDS Council is instituted in terms of national legislation and forms part of the overall South African National AIDS Council that determines national and provincial strategies for HIV/AIDS.
Maureen van Wyk, representing the Networking AIDS Community in SA (NACOSA).
Professor Harry Hausler, representing the TB HIV Care Association.
Ntombozuko Kraai, representing the Treatment Action Campaign and People Living with HIV/AIDS.
Avril Thomas and Peter Hawksley, representing Living Hope.
Chris Steto, representing the YMCA (Young Men's Christian Association).
Susannah Farr, representing Gold Peer Education.
Sharon Syce, representing the Ubomi Youth Foundation.
Regina Mlobeli, representing the women's sector on behalf of DKT South Africa.
Andre Wagner, representing Hospice Palliative Care Association SA.
Nicky Soboil, representing SACTWU workers' health.
Gillian Burrows, representing Disabled People of SA.
Menaka Jayakody, representing Chain - the children's sector.
Dr Kathryn Pahl, representing Shout-It-Out.
<fn>GOV-ZA.222093En.2012-02-10.en.txt</fn>
Robin Carlisle, the Minister of Transport and Public Works in the Western Cape, has signed a "Proclamation of Toll Tariffs for Chapman's Peak Drive", which will result in inflation-aligned increases for motorists using the pass.
From Friday, 1 July 2011, the drivers of cars and bakkies (class 2) will have to pay R31, instead of the previous R30 toll fee, to use Chapman's Peak Drive.
The cost for registered minibus taxis will increase from R15 to R16.
Motorcycles and similar vehicles (class 1) will pay R20 per trip, which also represents a R1 increase from R19.
Non-commercial minibus (class 3) toll road fees will go from R40 to R42, mid-sized and medium heavy motor vehicles (class 4) from R119 to R124 and large buses (class 5) from R298 to R311. All tariffs include 14% VAT.
Heavy motor vehicles are prohibited from using the route. These are vehicles exceeding 12.5 metres in overall length, including vehicle and trailer combinations. Rigid vehicles with three or more heavy axles, articulated vehicles and abnormal vehicles are also prohibited. A bus is regarded as a rigid heavy motor vehicle, without a trailer, designed to convey more than 35 passengers. Vehicles that fall within the category class 4 to 5 are restricted from the Noordhoek side of the drive, travelling north.
"I would like to remind those that use the road frequently that these fees are for single trips and that discounted rates are available to frequent users. This discount is determined by the number of uses per calendar month and the type of vehicle," said Minister Carlisle.
"For example, a passenger car that uses the road ten times a month will have to pay an average tariff per trip of R24.20 at the discounted rate. However, if the car makes 50 or more trips per month, the fees are reduced to an average tariff per trip of R10.81," added Minister Carlisle.
Discount tariffs are only applicable to users who have pre-registered with Entilini Concessionaire (Pty) Ltd.
Special tariffs also apply to those in possession of valid Wild Cards as distributed by South African National Parks and Cape Nature Conservation, subject to certain conditions.
The Minister said: "I strongly believe that Chapman's Peak Drive, with its much improved service that has resulted in road closures happening more and more rarely, is excellent value for money."
The Minister reminded motorists that they could read about the conditions on the pass at www.chapmanspeakdrive.co.za.
The 9 km drive has 114 curves around Chapman's Peak and is considered one of the most spectacular marine drives in the world, with beautiful surroundings and picnic areas.
The road surface was laid on the solid and conveniently located 630 million year old Cape Granite contour, while the many roadside cuttings were carved out of the more workable Malmesbury series sediments. In 1915, with the use of convict labour supplied by the newly formed Union Government, construction began from the Hout Bay end and, in the following year, work began from Noordhoek. The first portion of the road to the Lookout was opened in 1919.
This spectacular roadway took seven years to complete, at a cost of £20 000. The Hout Bay/Noordhoek Road was opened to traffic on Saturday, 6 May 1922.
Road users can contact the Entilini offices in Hout Bay or Noordhoek to discuss the best discount package for them.
<fn>GOV-ZA.22219En.2012-02-10.en.txt</fn>
PART 1: Definitions, application and date of commencement 1 1. General definitions, application and date of commencement 3 1.1 General definitions 3 1.2 Application 3 1.
PART 2: Management arrangements 5 2. Corporate management 7 2.1 Chief financial officer 7 3. Internal control 8 3.1 Audit committees 8 3.2 Internal controls and internal audit 9 4. Financial misconduct 10 4.1 Investigation of alleged financial misconduct 10 4.2 Criminal proceedings 10 4.
PART 3: Planning and budgeting 13 5. Strategic planning 15 5.1 Date of implementation 15 5.2 Strategic plans 15 5.3 Evaluation of performance 15 6. Budgeting and related matters 16 6.1 Annual budget circular 16 6.2 Formats of the annual budget 16 6.4 Rollovers 16 6.5 Transfer of functions 17 6.
PART 4: Revenue and expenditure management 19 7. Revenue management 21 7.1 Application 21 7.2 Responsibility for revenue management 21 7.3 Services rendered by the state 21 8. Expenditure management 22 8.1 Responsibility of the accounting officer 22 8.2 Approval of expenditure 22 8.3 Personnel costs 22 8.4 Transfers and grants 23 8.5 Charging of expenditure against a particular vote or main division of a vote 23 9. Unauthorised, irregular, fruitless and wasteful expenditure 24 9.
PART 5: Asset and liability management 25 10. Asset management 27 10.1 Responsibility for asset management 27 10.2 Disposal and letting of assets 27 10.3 Assets accruing to the state by operation of any law 27 11. Management of debtors 28 11.1 Application 28 11.2 Responsibility for the management of debtors 28 11.3 Recovery of debts by instalments 28 11.4 Writing off of debts owing to the state 28 11.5 Interest payable on debts to the state 28 12. Management of losses and claims 29 12.1 General 29 12.2 Claims against the state through acts or omissions 29 12.3 Claims by the state against other persons 30 12.4 Claims by officials against the state 30 12.5 Losses or damages through criminal acts or omissions 30 12.6 Losses and damages through vis major and other unavoidable causes 30 12.7 Recovery of losses and damages 30 13. Loans, guarantees and other commitments 31 13.1 General 31 13.2 Provinces 31 14. Money and property held in trust 32 14.1 General 32 14.2 Responsibility for trust money and property 32 14.3 Trust money must be kept in a trust account 32 14.
PART 6: Frameworks 33 15. Banking, cash management and investment 35 15.1 Control of the national and provincial revenue funds 35 15.2 Bank account configuration 35 15.3 Deposits into the revenue funds 35 15.4 Responsibilities of the South African Revenue Service 36 15.5 Responsibilities of departments 36 15.6 Withdrawals from and investments in revenue funds 36 15.7 Requisitioning of funds by departments 36 15.8 Surrender of voted surplus funds 36 15.9 Accounting and reporting 37 15.10 Banking and cash management 37 15.11 Private money, private bank accounts and cashing private cheques 38 15.12 Warrant vouchers, cheques and electronic payments 38 16. Public-private partnerships 39 16.1 Definitions 39 16.2 Exclusive competency of accounting officers 40 16.3 Treasury approval 40 16.4 Feasibility study 40 16.5 Submission to obtain treasury approval 41 16.6 Procurement 41 16.7 Contracting public-private partnership agreements 41 16.8 Management of public-private partnership agreements 42 16.9 Amendment of public-private partnership agreements 42 16.10 Certain agreements not binding on the state 42 16.11 Exemptions 42 16.
PART 7: Accounting and reporting requirements 43 17. Basic accounting records and related issues 45 17.1 Use of clearing and suspense accounts 45 17.2 Availability of financial information 45 17.3 Changes to financial systems 46 18. Monthly and annual reports 47 18.1 Monthly reports 47 18.2 Annual financial statements 47 18.3 Contents of annual reports for the financial year ending 31 March 2002 48 18.
PART 8: Miscellaneous 49 19. Trading entities 51 19.1 Definitions 51 19.2 General 51 19.3 Policy and reporting framework 51 19.4 Establishment 51 19.5 Capital requirements 51 19.6 Disposal of assets 52 19.7 Surrender of surplus funds 52 19.8 Financial reporting 52 20. Commissions and Committees of Inquiry 53 20.1 Definitions 53 20.2 Remuneration of members 53 20.3 Services rendered by members during private time 53 21. Gifts, donations and sponsorships 55 21.1 Granting of gifts, donations and sponsorships by the state 55 21.2 Acceptance of gifts, donations and sponsorships to the state 55 21.3 Gifts or donations of immovable property by or to the state 55 21.4 Identity of donors and sponsors 55 22. Payments, refunds and remissions as an act of grace 57 22.1 General 57 23. Government payroll deductions 58 23.1 Definitions 58 23.3 Deduction codes 59 23.4 Contravention of regulations and penalties 60 23.
PART 9: Public Entities63 24. General definitions 65 24.1 General definitions 65 25. Application and listing 66 25.1 Application 66 25.2 Listing 66 26. Responsibilities of designated accounting officers 67 26.1 Responsibilities over Schedule 3A and 3C public entities 67 27. Internal control and corporate management 68 27.1 Audit committees 68 27.2 Internal controls and internal audit 68 27.3 Chief financial officers 69 28. Annual financial statements 70 28.1 Financial statements 70 29. Corporate planning, shareholder's compacts and annual budgets 71 29.1 Corporate plans 71 29.2 Shareholder's compact 72 29.3 Evaluation of performance 72 29.4 Annual budgets 72 30. Strategic planning 73 30.1 Strategic plan 73 30.2 Evaluation of performance 73 31. Cash, banking and investment management 74 31.1 Cash management 74 31.2 Banking framework 74 31.3 Investment policy 75 32. Borrowings 76 32.1 Borrowing 76 33. Financial misconduct 77 33.1 Investigation of alleged financial misconduct 77 33.2 Criminal proceedings 77 33.
PART 10: Repeal of regulations 79 34. Repeal of regulations 81 34.
"official" means an employee contemplated in section 1 of the Public Service Act, 1994, read with section 1 of the Public Service Amendment Act (Act 13 of 1996); and includes a magistrate contemplated in section 1 of the Magistrates Act (Act 90 of 1993) and an employee of a constitutional institution.
to all public entities listed in Schedules 3A and 3C, but only to the extent as indicated in paragraph 6.1.
to all public entities listed in Schedules 2, 3B and 3D, but only to the extent as indicated in paragraph 6.1.
to the South African Revenue Service, but only to the extent as indicated in paragraphs 6.1.2 and 15.4 and regulations 24 to 28 and 30 to 33.
These Treasury Regulations take effect from 9 April 2001, unless otherwise indicated in the text.
Unless directed otherwise by the relevant treasury, each institution must have a chief financial officer serving on the senior management team.
The chief financial officer is directly accountable to the accounting officer.
Without limiting the right of the accounting officer to assign specific responsibilities, the general responsibility of the chief financial officer is to assist the accounting officer in discharging the duties prescribed in Part 2 of Chapter 5 of the Act and the annual Division of Revenue Act. These duties relate to the effective financial management of the institution; the exercise of sound budgeting and budgetary control practices; the operation of internal controls and the timely production of financial reports.
The relevant treasury must inform the Auditor-General by no later than 30 June 2001 of any determination to share audit committees between departments.
In the case of a non-shared audit committee, the accounting officer of an institution must appoint audit committee members in consultation with the relevant executive authority.
In the case of a shared audit committee, the head of the relevant treasury must appoint audit committee members after consultation with the relevant executive authorities.
The chairperson of an audit committee may not be a political office bearer.
Audit committees must be constituted so as to ensure their independence.
Members of an audit committee who have been appointed from outside the public service pursuant to section 77(a)(i) of the Act must have appropriate experience, be appointed on contract and be remunerated in accordance with paragraph 20.2.2 of these regulations. Should it be deemed necessary, such members may be remunerated taking into account tariffs determined by the South African Institute of Chartered Accountants in consultation with the Auditor-General as provided for in paragraph 20.2.3.
The relevant executive authority has to concur with any premature termination of the services of a person serving on an audit committee.
An audit committee must establish an audit charter to guide the audit approach, as well as its operating procedures, which must spell out the rules that govern the audit relationship.
An audit committee must report and make recommendations to the accounting officer, but the accounting offic er retains responsibility for implementing such recommendations.
the quality of in year management and monthly reports submitted in terms of the Act and the Division of Revenue Act; and its evaluation of the annual financial statements.
Should a report to an audit committee, whether from the internal audit unit or any other source, implicate the accounting officer in fraud, corruption or gross negligence, the chairperson of the audit committee must promptly report this to the relevant executive authority.
An audit committee may communicate any concerns it deems necessary to the executive authority, the relevant treasury and the Auditor-General.
The accounting officer must facilitate a risk assessment to determine the material risks to which the institution may be exposed and to evaluate the strategy for managing these risks. Such a strategy must include a fraud prevention plan. The strategy must be used to direct internal audit effort and priority, and to determine the skills required to manage these risks.
The accounting officer must provide a certificate to the relevant treasury by 30 June 2001 indicating that the risk assessment has been completed and that the fraud prevention plan is fully operational.
Accounting officers must establish internal audit units for their institutions in accordance with the policy determined in terms of paragraph 3.2.4.
The relevant treasury must inform the Auditor-General by no later than 30 June 2001 of any determination to share internal audit units between departments.
An internal audit unit may be partly or wholly contracted to an external organisation with specialist audit expertise, provided that its selection is in accordance with the relevant government's competitive tendering procedures.
Internal audit must be conducted in accordance with the standards set by the Institute of Internal Auditors.
operating procedures, with management inputs, to guide the audit relationship; and a quarterly report to the audit committee detailing its performance against the annual internal audit plan, to allow effective monitoring and possible intervention.
An internal audit unit must assess the operational procedure and monitoring mechanisms over all transfers made and received, including transfers in terms of the annual Division of Revenue Act.
An internal audit unit must be independent, with no limitation on its access to information.
If an official is alleged to have committed financial misconduct, the accounting officer of the institution must ensure that disciplinary proceedings are carried out in accordance with the relevant prescripts.
The accounting officer must ensure that disciplinary proceedings are instituted within 30 days.
If an accounting officer is alleged to have committed financial misconduct, the relevant treasury, as soon as it becomes aware of the alleged misconduct, must ensure that the relevant executive authority and/or the Department of Public Service and Administration initiates appropriate disciplinary proceedings against the accounting officer.
direct that an official other than an employee of the institution conducts the investigation; or issue any reasonable requirement regarding the way in which the investigation should be performed.
The accounting officer must advise the executive authority, relevant treasury and the Auditor-General of any criminal charges it has laid against any person in terms of section 86 of the Act.
The relevant treasury may direct an institution to lay criminal charges against any person should an accounting officer fail to take appropriate action.
any sanction imposed on the official; and any further action to be taken against the official, including criminal charges or civil proceedings.
The institution must inform the executive authority, the relevant treasury, the Department of Public Service and Administration and the Public Service Commission of the outcome of any criminal proceedings instituted against any person for financial misconduct in terms of section 86 of the Act.
the names and ranks of officials involved; and the sanctions and any further actions taken against these officials.
The schedule mentioned in paragraph 4.3.3 must be accompanied by a report which refers to any changes made to the institution's systems of financial and risk management as a result of any investigation.
The accounting officer of an institution must prepare a strategic plan for the MTEF period commencing 1 April 2002 for approval by the relevant executive authority.
The approved strategic plan must be tabled in Parliament or the relevant provincial legislature within 15 working days after the Minister or relevant MEC for finance has tabled the annual budget.
include details of proposed information technology acquisition or expansion in reference to an information technology plan that supports the information plan; and for departments, include the requirements of Chapter 1, Part III B of the Public Service Regulations, 2001.
The strategic plan must form the basis for the annual reports of accounting officers as required by sections 40(1)(d) and (e) of the Act.
The accounting officer of an institution must establish procedures for quarterly reporting to the executive authority to facilitate effective performance monitoring, evaluation and corrective action.
The accounting officer of a department must comply with any annual budget circulars issued by the relevant treasury. Budget circulars issued by provincial treasuries must be consistent with any budget circular issued by the National Treasury to provincial treasuries.
The accounting officer of a constitutional institution or the accounting authority of a public entity who receives transfer payments appropriated by vote must provide such information as may be required by the accounting officer responsible for the vote for the purposes of complying with a budget circular. A budget submission by such an institution or public entity must be made through the accounting officer of the department responsible for transfer payments to that institution or public entity.
An accounting officer of a budget vote must ensure that the budget submission for that vote includes appropriate supporting information in respect of institutions and public entities receiving transfer payments on that vote.
The annual budget documentation, as presented to Parliament or a provincial legislature, must conform to such formats as may be published by the National Treasury by notice in the national Government Gazette.
new transfers may not be introduced without the approval of the relevant treasury; and allocations earmarked by the relevant treasury for a specific purpose (excluding personnel expenditure) may not be used for other purposes, except with its approval.
Funds appropriated but not spent in a particular financial year may be rolled over to a subsequent year subject to approval of the relevant treasury.
Capital expenditure: Unspent funds on capital expenditure may only be rolled over to finalise projects still in progress.
Transfer payments: Savings on transfer payments may not be rolled over for purposes other than originally voted for.
Current expenditure: A maximum of five per cent of a department's non-personnel current expenditure may be rolled over.
a disbursement schedule indicating the month(s) in which the expenditure is expected to be incurred.
Where a function is to be transferred between votes during a financial year, the relevant treasury must be consulted in advance, to facilitate any request for the resulting transfer of funds voted for that function in terms of section 33 of the Act. In the absence of agreement between the affected departments on the amount of funds to be transferred, the relevant treasury will determine the funds to be shifted.
Should the Minister of Public Service and Administration or a Premier of a province make a determination regarding the transfer of a function in terms of the Public Service Act, 1994, that determination must accompany a request for the transfer of funds as per paragraph 6.5.1. Should the Minister of Public Service and Administration or a Premier approve a function transfer after the finalisation of the adjustments estimates, it must be dealt with on a recoverable basis.
Before seeking formal approval from the Minister of Public Service and Administration or the Premier of a province for any transfer of functions to another sphere of government, the transferring accounting officer must first seek the approval of the relevant treasury or treasuries on any funding arrangements.
The transfer of functions to municipalities must be dealt with in terms of the annual Division of Revenue Act.
tariff adjustments and price increases; and extensions of existing services and the creation of new services that are not unforeseeable and unavoidable.
The department requesting additional funds through an adjustments budget must submit a memorandum to the relevant treasury, the Cabinet/EXCO Secretariat and any treasury committee of the Cabinet/EXCO, on a date determined by the relevant treasury.
Where a national adjustments budget allocates funds to a province, the relevant provincial treasury must table an adjustments budget within 30 days of the tabling of the national adjustments budget, or within such longer period as the National Treasury may approve.
This regulation applies to the identification, collection, recording and safeguarding of all revenue for which an institution is responsible.
The accounting officer of an institution must manage revenue efficiently and effectively by developing and implementing appropriate processes that provide for the identification, collection, safeguarding, recording and reconciliation of information about revenue.
The accounting officer of an institution must review, at least annually when finalising the budget, all fees, charges or the rates, scales or tariffs of fees and charges that are not or cannot be fixed by any law and that relate to revenue accruing to a revenue fund. The accounting officer must obtain approval from the relevant treasury for the proposed tariff structure.
Information on the tariff structure must be disclosed in the annual report, including information on exemptions, discounts, free services and any other aspect of material influence on the revenue yield.
The accounting officer of an institution must ensure that internal procedures and internal control measures are in place for payment approval and processing.
An official of an institution may not spend or commit public money except with the approval (either in writing or by duly authorised electronic means) of the accounting officer or a properly delegated or authorised officer.
Before approving expenditure or incurring a commitment to spend, the delegated or authorised official must ensure compliance with any limitations or conditions attached to the delegation or authorisation.
Unless determined otherwise in a contract or other agreement, all payments due to creditors must be settled within 30 days from receipt of an invoice or, in the case of civil claims, from the date of settlement or court judgement.
Activities relating to the authorisation of appointments, the authorisation of payments and the recording of those payments may not be performed by the same person.
The accounting officer of an institution must ensure that the personnel cost of all appointees, as well as promotion and salary increases, can be met within the budgetary allocation of the institution.
Group A: Persons who must be paid on the 15th day of the month, or if it is not a working day, on the last working day preceding the 15th.
persons appointed permanently on the fixed establishment and employed in terms of the Public Service Act, 1994; and persons appointed on contract.
Group B: This group represents personnel paid on the last working day of the month and includes temporary and part-time staff, and persons appointed on probation.
For all employees, the person in charge at the respective pay-points must certify that all persons listed on the payroll report are entitled to payment. People paid by cheque must sign the payroll report when collecting their cheques.
Within ten days of being certified, the payroll report must be returned to the chief financial officer. The accounting officer must ensure that all pay-point certificates have been received on a monthly basis.
An accounting officer must maintain appropriate measures to ensure that grants and other transfer payments are applied for their intended purposes.
scheduled or unscheduled inspection visits or reviews of performance; and any other control measures deemed necessary.
the agreed objectives have not been attained; and the transfer payment or grant does not provide value for money in relation to its purpose or objectives.
Should a dispute arise over which vote or main division of a vote should be charged with any particular expenditure, the relevant treasury must settle the dispute and determine the vote or main division against which the expenditure must be charged.
The accounting officer of a department must exercise all reasonable care to prevent and detect unauthorised, irregular, fruitless and wasteful expenditure, and must for this purpose implement effective, efficient and transparent processes of financial and risk management.
When an official of a department discovers unauthorised, irregular or fruitless and wasteful expenditure, that official must immediately report such expenditure to the accounting officer. Such expenditure must also be reported in the monthly report, as required by section 40(4)(b) of the Act. Where irregular expenditure occurred in contravention of tender procedures, the relevant tender board must also be notified.
the extent of the expenditure involved; and the nature and seriousness of the transgression.
The recovery of losses or damages resulting from unauthorised, irregular or fruitless and wasteful expenditure must be dealt with in accordance with regulation 12.
The amount of the unauthorised, irregular, fruitless and wasteful expenditure must be disclosed as a note to the annual financial statements of the institution.
preventative mechanisms are in place to eliminate theft, losses, wastage and misuse; and stock levels are at an optimum and economical level.
The accounting officer must ensure that processes (whether manual or electronic) and procedures are in place for the effective, efficient, economical and transparent use of the institution's assets.
Disposal of movable assets must be at market-related value or by tender or auction, whichever is most advantageous to the state, unless determined otherwise by the relevant treasury.
Any sale of immovable state property must be at market-related value, unless the relevant treasury approves otherwise.
The letting of immovable state property (excluding state housing for officials and political office bearers) must be at market-related tariffs, unless the relevant treasury approves otherwise. No state property may be let free of charge without the prior approval of the relevant treasury.
The accounting officer must review, at least annually when finalising the budget, all fees, charges, rates, tariffs or scales of fees or other charges relating to the letting of state property to ensure sound financial planning and management.
Where any money, property or right accrues to the state by operation of law (bona vacantia), the relevant treasury may exercise all powers, authority and prerogatives, and fulfil any obligation on behalf of the state.
This regulation applies to all debts accruing to an institution and includes any amount owing to or receivable by the institution, such as invoices for charges for goods or services, fees or fines outstanding.
maintenance of proper accounts and records for all debtors, including amounts received in part payment; and referral of a matter to the State Attorney, where economical, to consider a legal demand and possible legal proceedings in a court of law.
Unless otherwise determined by law or agreement, debts owing to the state may, at the discretion of the accounting officer of the institution, be recovered in instalments.
it would be to the advantage of the state to effect a settlement of its claim or to waive the claim.
All debts written off must be disclosed in the annual financial statements, indicating the policy in terms of which the debt was written off.
Interest must be charged on debts to the state at the interest rate determined by the Minister of Finance in terms of section 80 of the Act.
Subject to the provisions of this regulation, or any other legislation or agreement, the state will bear its own damages and accident risks and be responsible for all claims and losses of state property where these arise from state activities by an official who is liable in law and who is or was employed by an institution.
Notwithstanding paragraph 12.1.1, the accounting officer of an institution may (if deemed economical and based on a risk assessment) insure motor vehicles or such other movable assets determined by the relevant treasury, but the insurance premium cost may not exceed R250 000 a year on that vote, unless otherwise approved by the relevant treasury.
did not deviate materially from the official journey or route without prior authorisation; and did not, without prior consultation with the State Attorney, make an admission that was detrimental to the state.
If in doubt, the accounting officer of the institution must consult the State Attorney on questions of law on the implementation of paragraph 12.2.1.
Except when an institution has accepted liability in terms of paragraph 12.2.1, an amount paid by the institution for losses, damages or claims arising from an act or omission of an official must be recovered from the official concerned if the official is liable in law to compensate the institution.
The State Attorney may only obligate the funds of an institution with the prior written approval of the accounting officer.
If the state suffers a loss or damage and the other person denies liability, the accounting officer must, if deemed economical, refer the matter to the State Attorney for legal action.
If an official sustains a loss or damage in the execution of official duties and is not compensated, the accounting officer may make good the loss or damage provided that the official can prove such loss or damage.
When it appears that the state has suffered losses or damages through criminal acts or possible criminal acts, the matter must be reported, in writing, to the accounting officer and the South African Police Service. In the case of omissions, the matter must be reported, in writing, to the accounting officer. Whether or not the person is still in the employ of the state, the accounting officer must recover the value of the loss or damage from the person responsible.
When movable assets are written off, this must be noted in the asset register.
The accounting officer may write off losses and damages that result from vis major and other unavoidable causes.
Losses or damages suffered by an institution because of an act committed or omitted by an official, must be recovered from such an official if that official is liable in law.
The accounting officer must determine the amount of the loss or damage and, in writing, request that official to pay the amount within 30 days or in reasonable instalments. If the official fails to comply with the request, the matter must be handed to the State Attorney for the recovery of the loss or damage.
A claim against an official must be waived if the conditions in paragraph 12.2.1(b) to (e) are met.
If in doubt, the accounting officer of the institution must consult the State Attorney on questions of law in the implementation of paragraphs 12.7.1 and 12.7.3.
The executive authority of a provincial department may not issue a guarantee, security or indemnity that may bind the provincial revenue fund, except with the prior written approval of the MEC for finance in the province.
The accounting officer of a department must ensure that no official in that department or any other person borrows money on behalf of that department, or issues an unauthorised guarantee, security or indemnity. The accounting officer must ensure that appropriate misconduct or criminal proceedings are instituted against any person responsible for transgressions with regard to borrowings, guarantees, securities or indemnities.
Should the accounting officer be responsible for transgressions with regard to borrowings, guarantees, securities or indemnities, the relevant treasury must initiate appropriate misconduct or criminal proceedings against the accounting officer as soon as it becomes aware of the transgression.
The accounting officer must report on all known contingent liabilities of the department in its annual report.
This regulation does not preclude the use of credit cards, fleet management cards or other credit facilities repayable within 30 days from the date of statement.
The MEC for finance may raise funds during a financial year for bridging purposes. All bridging finance raised during a financial year must be repaid within 30 days after the end of the financial year.
Regulation 15 is not applicable to the management of trust money.
For purposes of this regulation, trust money or property is money or property that does not belong to the State and that is held by an institution on behalf of other persons or entities in terms of a deed of trust or equivalent instrument that details the specific purposes for which it may be used.
The accounting officer, through the chief financial officer or a duly authorised agent, is responsible for the safekeeping and proper use of trust money and property, in accordance with the relevant deed of trust or equivalent instrument.
The institution, or its duly authorised agent, may charge a fee for the administration of a trust account at rates approved by the board of trustees or, in its absence, as agreed with the trustee. Such fees are payable from the trust account and are revenue accruing to the relevant revenue fund.
maintain separate accounting records for each trust account, of the transactions, including investment transactions, undertaken; and annually prepare separate annual financial statements that comply with generally accepted accounting practice.
in public securities issued by the government; or in other securities approved by the National Treasury.
The proceeds of an investment, including interest and realised capital gains, and all money received from the realisation, sale or conversion of securities, must be treated as money of the trust on whose behalf the money was invested.
Each treasury is responsible for the effective and efficient management of its revenue fund.
Each treasury must ensure that its revenue fund always has sufficient money for appropriated expenditure and direct charges to meet the progressive cash flow requirements.
Each revenue fund consists, at any point in time, of all cash balances of the fund, derived from the relevant treasury's operating, investing and financing activities.
The bank account configuration for the National Revenue Fund comprises an Exchequer bank account, a Paymaster-General bank account with the South African Reserve Bank, the four tax and loan accounts with commercial banks, and any other bank account opened to facilitate the management of the National Revenue Fund. The National Treasury may open additional accounts on such terms and conditions as it may determine.
Each provincial revenue fund must have a bank account configuration that consists of at least an Exchequer bank account and a Paymaster-General bank account, opened with a commercial bank.
Each head of a provincial treasury must nominate one bank account, which is under the control of the provincial treasury and is part of the provincial revenue fund, as the accredited account into which all transfers from national departments must be deposited.
If the accounting for a department necessitates a separate bank account, the relevant treasury may approve one subaccount within the Paymaster-General account of the relevant revenue fund. Such subaccounts remain an integral part of the bank account configuration of the relevant revenue fund.
In terms of sections 11(3) and 21(2) of the Act, money is paid into a revenue fund by depositing it into a bank account in accordance with the configuration requirements prescribed above.
Money deposited into the Paymaster-General account must immediately be available to the relevant treasury for funding expenditure or investment according to its central cash management responsibilities.
The South African Revenue Service must supply the relevant treasury with an annual revenue projection no later than the tenth working day of March preceding the start of the financial year. It must also submit the actual collection for the preceding month and an updated monthly revenue projection for the remainder of the year, no later than the 15th working day of each month.
For purposes of section 12 of the Act, the South African Revenue Service must implement measures to ensure that all taxes, levies, duties, fees and other money due to and collected by it for a revenue fund are accounted for and deposited daily into the relevant fund. The relevant treasury must be informed daily of such revenue and its standard revenue classifications.
All revenue received by a department must be paid daily into its Paymaster-General account or, for amounts less than R500, as soon as practicable, but at least by the last working day of the month.
No provincial department may receive a transfer payment from a national department or public entity directly; such funds must be deposited into the nominated banking account of the province as required by paragraph 15.2.3.
Money collected by a department, which is not classified as revenue, must be paid into the department's Paymaster-General account and accounted for in its ledger. This includes money received for agency services provided to another department.
Provincial treasuries may, in accordance with section 24 of the Act, temporarily invest surplus money in the provincial revenue fund in an account in South Africa, approved as part of the bank account configuration of the fund.
When requesting the transfer of appropriated funds, accounting officers of national departments must submit such requisitions to the National Treasury, in accordance with approved cash flow estimates, at least four full working days before the end of the month preceding the month in which the funds are required. Provincial treasuries may determine their own time-scales in this regard.
Provincial treasuries will receive their grants from the National Revenue Fund in accordance with the payment schedule determined in terms of the annual Division of Revenue Act.
At the end of each financial year, and after the books of account of a department have been closed, the accounting officer must surrender to the relevant treasury any unexpended voted money, for re-depositing into the Exchequer bank account of the relevant revenue fund.
Each treasury must account daily for the cash movements of all bank accounts in the books of its revenue fund.
15.10.1.1 The accounting officer is responsible for establishing systems, procedures, processes and training and awareness programmes to ensure efficient and effective banking and cash management.
avoiding prepayments for goods or services (i.e.
recognising the time value of money, i.e.
performing bank reconciliation's on a daily basis to detect any unauthorised entries; and ensuring that dishonoured warrant vouchers and cheques are followed up immediately.
15.10.2.1 The accounting officer must annually submit to the relevant treasury a breakdown of anticipated revenue and expenditure in the format determined by the National Treasury, no later than the last working day of February preceding the financial year to which it relates.
15.10.2.2 Provincial treasuries must submit to the National Treasury, by the 15th working day of March, projections of their expenditure, revenue and borrowings, in a format determined by the National Treasury.
15.10.2.3 Once such amounts have been approved, modified as necessary after consultation with the relevant treasury, the accounting officer may not draw from the revenue fund more than the amount approved for a month, without prior written approval from the relevant treasury.
15.10.2.4 Should the accounting officer need to adjust the approved projections, the proposed adjustments must be motivated to the relevant treasury for evaluation against the availability of funds in the Exchequer.
15.10.3.1 Institutions may not open a bank account without the written approval of the relevant treasury. All treasury approvals granted before 1 April 2001 lapse on 30 June 2001.
15.10.3.2 The National Treasury will negotiate with the approved clearing banks for appropriate banking services on a regular basis for national departments and constitutional institutions.
Private money may not be deposited into an official bank account, except in accordance with the provisions relating to money held in trust for other persons or bodies, nor may state money be paid into a private bank account.
The safekeeping of private money or personal possessions in a state safe or strongroom is prohibited. However, an accounting officer or an official authorised by the accounting officer may approve arrangements for safeguarding personal effects reasonably held on official premises in the course of official duty (e.g. by providing lockable rooms for staff).
State money may not be used to cash private cheques.
Accounting officers of departments must assign authority in writing to officials to approve warrant vouchers, cheques or electronic payments.
Only authorised officials may sign hand-drawn vouchers or cheques and must initial the counterfoils.
All payments in excess of R2 000 must be effected electronically unless otherwise approved by the relevant treasury. Payments may not be split to circumvent this regulation and any non-compliance with this regulation constitutes financial misconduct.
All warrant vouchers and cheques must be crossed "NOT NEGOTIABLE" and should also preferably be crossed "NOT TRANSFERABLE" between parallel lines. The cancellation of crossings is not permitted.
When an issued warrant voucher or cheque is lost, stolen or damaged, an instruction to stop payment must immediately be issued to the responsible bank. Once confirmation has been received that the cheque was stopped, the transaction must be reversed and a new warrant voucher or cheque issued and accounted for.
All cashed warrant vouchers of national departments that have not been captured on the respective financial systems will be returned as unpaid.
designated within the institution's existing budget for the institutional function to which the agreement relates; and destined for the institution in accordance with the relevant treasury's future budgetary projections for the institution.
but excludes a service, task, assignment or other function that is not of an ongoing nature.
a municipality or an enterprise or other entity controlled by one or more municipalities; or the accounting officer, accounting authority or other person or body acting on behalf of an institution, municipality, enterprise or entity referred to in paragraph (a) or (b).
the private party is generally liable for the risks arising from the performance of the function, subject to paragraph 16.13.1; and depending on the specifics of the agreement, state facilities, equipment or other state resources may be transferred or made available to the private party.
The definition excludes an agreement or category of agreements exempted by the National Treasury in terms of clause 16.11.
"value for money" means that the provision of the institutional function by a private party in terms of the public-private partnership agreement results in a net benefit to the institution, defined in terms of cost, price, quality, quantity, or risk transfer, or a combination thereof.
Only an accounting officer may enter into a PPP agreement on behalf of the institution.
the National Treasury; or the relevant provincial treasury, if it is a provincial institution and the National Treasury has, in terms of section 10(1)(b) of the Act, delegated the appropriate powers to the provincial treasury.
be affordable for the institution; and transfer appropriate technical, operational and financial risk to the private party.
When a provincial treasury gives such approval, it must exercise its delegated powers subject to any limitations and qualifications in terms of the National Treasury's delegation.
If an institution lacks the expertise to proceed with the procurement of a PPP agreement, the accounting officer of the institution must inform the relevant treasury accordingly; and if the relevant treasury so requests, must appoint a specialist consultant for this purpose.
transfer appropriate technical, operational and financial risk to the private party.
explains the capacity of the institution to effectively enforce the agreement, including to monitor and regulate implementation of and performance in terms of the agreement.
An institution may not proceed with the procurement of a PPP agreement without written treasury approval for the feasibility study in terms of clause 16.3.
Part III should contain the institutional arrangements for monitoring the implementation of the PPP agreement.
An institution may not proceed to issue procurement documentation unless it has obtained written treasury approval in terms of clause 16.3 and has obtained subsequent treasury acceptance of the procurement documentation, including at least the main terms of the proposed agreement.
A PPP agreement must be procured in accordance with applicable procurement legislation.
a competitive bidding process in which only pre-qualified organisations may participate; and criteria for the evaluation of bids to identify the bid that represents the best value for money.
a preference for categories of bidders, such as persons disadvantaged by unfair discrimination, provided that this does not compromise the value for money requirement; and incentives for recognising and rewarding genuine innovators in the case of unsolicited proposals, provided that these incentives do not compromise the competitive bidding process.
obtain relevant treasury agreement to future budgetary commitments; and ensure that the financial commitments in terms of the agreement are denominated in rand.
resolving disputes and differences with the private party; and generally overseeing the day-to-day management of the agreement.
A PPP agreement does not divest the accounting officer of the responsibility for ensuring that the relevant institutional function is effectively and efficiently performed in the public interest.
Only the accounting officer may enter into an agreement to amend a PPP agreement.
Written approval of the relevant treasury is required for material amendments of PPP agreements.
The accounting officer must substantially follow the procedure prescribed by clauses 16.3 and 16.5 for obtaining treasury approval.
by a person other than the accounting officer of the institution; or without the approval of the National Treasury.
The National Treasury may exempt from the application of this regulation any agreement or category of agreements that fall within the definition of "public -private partnership agreement", if these are of a nature or have a monetary value deemed not to warrant application of this regulation.
An agreement between an institution and a private party for the latter to perform an institutional function without accepting the significant risks is not a PPP agreement and must be dealt with as a borrowing transaction in terms of the appropriate legislation.
All the transactions of an institution must be supported by authentic and verifiable source documents, clearly indicating the approved accounting allocation.
monthly reconciliation's are performed to confirm the balance of each account; and reports are provided to the accounting officer about uncleared items on a monthly basis.
In each month's section 40(4) report, the accounting officer must certify that the forecast/projection for the remainder of the financial year adequately makes provision for all amounts not yet cleared from clearing and suspense accounts.
information relating to one financial year - for one year after the audit report for the financial year in question has been tabled in Parliament or the provincial legislature; or information relating to more than one financial year - for one year after the date of the audit report for the last of the financial years to which the information relates.
After the expiry of the above retention periods, the information may, if required, be secured in an alternative form that ensures the integrity and reliability of the data and ensures that the information can be reproduced, if necessary, as permissible evidence in a court of law.
Irrespective of paragraph 17.2.
When financial information is required as evidence in proceedings before a court, Parliament, a provincial legislature, an official inquiry or otherwise, or for purposes of an audit, it must be secured in its then current form until no longer required, even if the National Archivist has authorised its disposal.
Institutions may not amend existing or institute new computerised systems that will affect financial administration without the prior written approval of the National Treasury.
In addition to the reporting requirements of sections 40(4)(b) and (c) of the Act, the accounting officer must also comply with the reporting requirements of the annual Division of Revenue Act.
A provincial treasury must submit a statement to the National Treasury on actual revenue and expenditure with regard to its revenue fund before the 22nd day of each month in the format determined by the National Treasury. Such a statement must include a certificate to the effect that the information supplied has been verified by the head official of the provincial treasury. The information supplied must be based on information submitted to the provincial treasury by provincial accounting officers in terms of section 40(4)(c) of the Act.
National and provincial revenue funds Annual financial statements must consist of - (a) a statement of liabilities and financially related assets; (b) an income statement; (c) a cash flow statement; (d) notes to the annual financial statements; (e) a report on the financial position of and performance by the Treasury; and (f) such other statements as may be determined by the Accounting Standards Board. The annual financial statements must be prepared on a cash basis and must be accompanied by the audit opinion of the Auditor-General. The annual financial statements must, by means of figures and a descriptive report, explain any other matters and information material to the affairs of the relevant revenue fund.
Departments Annual financial statements must consist of - (a) a balance sheet; (b) an income statement; (c) a cash flow statement; (d) notes to the annual financial statements; and (e) such other statements as may be determined by the Accounting Standards Board. The statements must be prepared on a cash basis and be accompanied by the audit opinion of the Auditor-General. The annual financial statements must, by means of figures and a descriptive report, explain any other matters and information material to the affairs of the institution.
notes to the annual financial statements; and such other statements as may be determined by the Accounting Standards Board.
The annual financial statements must be accompanied by the audit opinion of the Auditor-General.
The annual financial statements must conform with generally accepted accounting practice. These statements must fairly represent the financial position, financial performance and cash flows of the institution at the end of the financial year concerned.
The annual financial statements must, by means of figures and a descriptive report, explain any other matters and information material to the affairs of the institution.
report on the use of foreign aid assistance, detailing the source and intended use of the assistance (including the value of any aid-in-kind in rand), performance information on the institution's use of the assistance, and any pending applications for assistance; and a report from the audit committee as required by paragraph 3.1.10.
a statement of the functions of each trading and/or public entity; and the accountability arrangements established between the accounting officer or executive authority and the management of the trading and/or public entity.
the accounting officer appointed in terms of section 36(3)(b) of the Act; or an official assigned to head the trading entity in terms of section 44(1)(a) of the Act.
For purposes of this regulation, a trading entity is regarded as an entity operating within the administration of a department. All obligations on departments in this regulation apply to trading entities, unless the context indicates otherwise.
The accounting officer of the department operating a trading entity must ensure that the head of the trading entity complies with the Act and these Treasury Regulations.
Trading entities allowed to open bank accounts may not borrow for bridging purposes and may not run overdrafts on their banking accounts unless approved otherwise in writing by both the accounting officer of the department and the relevant treasury.
The accounting officer of a department operating a trading entity must formulate a polic y and reporting framework for the head of the trading entity.
The head of the trading entity is accountable to the accounting officer of the department operating that trading entity and must forward all reports or approvals required in the Act via the accounting officer of the department.
Provincial treasuries may only establish a trading entity after consultation with the National Treasury.
The capital requirements of the trading entity must be determined in consultation with the relevant treasury, and increases in such requirements are also subject to treasury approval.
In determining charges for goods or services, the head of the trading entity must aim to recover the full cost of providing the goods or services, unless the relevant treasury approves lower charges.
The head must review rates for user charges at least annually before the budget, and any tariff increases are subject to approval by the relevant treasury.
When assets are disposed of other than in the ordinary course of the business of the trading entity, the relevant treasury must approve the transaction.
An accounting officer of a department operating a trading entity must, at the end of each financial year and after books of account have been closed, declare any surplus or deficit to the relevant treasury. The relevant treasury may apply such surplus to reduce any proposed allocation to the trading entity, or require that all or part of it be redeposited in the Exchequer bank account.
appropriate steps were taken to address the deficit; and financial misconduct sanctions should be instituted if paragraphs (a) and (b) were not adhered to.
The annual financial statements in respect of a trading entity must be compiled in accordance with paragraph 18.4.
"commission" means a commission of inquiry appointed by the President or the Premier of a province to investigate a matter of public concern, and does not include any permanent commission, board, council, committee or similar body, whether appointed pursuant to any law or otherwise.
"committee" means a committee of inquiry appointed by the executive authority and includes an interdepartmental committee of inquiry, but does not include any permanent commission, board, council, committee or similar body, whether appointed pursuant to any law or otherwise.
"non-official member" means a person who is not an official member.
"official member" means a person as defined in section 8(1) of the Public Service Act, 1994 (Proclamation No. R.103 of 1994), a member of Parliament or a judge, as well as a person employed by a body that was established by an Act of Parliament and that receives its funds wholly, or in part, from the National Revenue Fund, where such a person represents the department or body where he or she is employed as a member of a commission or committee.
An official member may not receive additional remuneration. Subsistence and other allowances may be paid to the official member in accordance with his or her conditions of service.
A non-official member must be remunerated according to scales approved by the National Treasury.
the terms of reference are properly defined in terms of time and cost; and the remuneration is considered taking into account the tariffs as determined by the South African Institute of Chartered Accountants in consultation with the Auditor-General.
The remuneration of all members of a commission or committee must be disclosed as notes to the financial statements of the institution.
Should the chairperson request a non-official member of a commission or committee to render services in his or her private time, other than the normal preparations for meetings, the person may be paid an honorarium (within the budget), as determined by the accounting officer and the executive authority. In the case of official members, section 30 of the Public Service Act of 1994 must be complied with.
The accounting officer may approve gifts, donations and sponsorships of state money and other movable property in the interest of the state. When such cash amounts exceed R100 000, the approval of the relevant legislature must be sought by including the item separately in the estimates of expenditure.
The accounting officer may approve the acceptance of any gift, donation or sponsorship to the state, whether such gifts, donations or sponsorships are in cash or kind.
All cash gifts, donations or sponsorships must be paid into the relevant revenue fund, except those donations received in terms of paragraph 21.2.5.
Where it is not apparent for what purpose a gift, donation or sponsorship should be applied, the relevant executive authority may decide how it must be utilised.
All gifts, donations or sponsorships received during the course of the financial year must be disclosed as a note to the annual financial statements of the institution.
Donor funding received in terms of the Reconstruction and Development Fund Act (Act 7 of 1994, as amended by Act 79 of 1998), must be dealt with as determined by the National Treasury from time to time.
The relevant treasury's approval must be obtained before institutions offer or accept any gifts or donations of immovable property.
Institutions must submit to the relevant treasury the reasons for and the conditions under which the gift or donation of immovable property is offered or accepted.
When a donor or sponsor requests to remain anonymous, the accounting officer must submit to the relevant treasury a certificate from both the Public Protector and the Auditor-General, which states that the identity of the donor or sponsor has been revealed to them, that they have noted it and have no objection.
The above provision in no way limits the Auditor-General or the Public Protector from supplying this information to their staff, and where they deem it in the public interest, to report on this.
the remission of money due to a revenue fund; and payments from a revenue fund.
Where more than R100 000 is involved, Parliament or provincial legislature approval must be sought by including the item separately in the estimates of expenditure.
Where there is doubt as to whether an amount may be written off as irrecoverable or should be treated as a remission of grace, the relevant treasury must make the decision.
All remissions, refunds or payments made as an act of grace during the financial year must be disclosed as a note to the annual financial statements of the institution.
"basic salary" means the annual notch that an official is employed on divided by 12.
"statutory deduction" means a deduction on Persal against an official's salary, which is required or permitted in terms of a law, court order or arbitration award.
Subject to paragraph 23.3, no official or employee of an entity contracted to operate Persal may, whether for paying a debt or any other purpose, process a discretionary deduction as from 1 April 2001.
Before a benefit, collective agreement, state or statutory deduction is processed on Persal, the accounting officer must certify that the deduction is due and that no portion of it is a discretionary deduction.
after the deduction, the official will have sufficient means for maintenance for him or herself and any dependants.
Should the deduction not leave the official with sufficient means for maintenance, the accounting officer must request the judgement creditor or his or her attorney to approach the court to either rescind the order or amend it to affect only the balance of the salary after provision for such maintenance.
Notwithstanding paragraphs 23.2.1 and 23.3.2, existing deduction codes for discretionary deductions remain in force until 30 June 2001. New deduction codes issued in terms of paragraph 23.3.3 will remain in force until 31 October 2001.
Despite anything to the contrary in this regulation, a person may apply for a deduction code for a discretionary deduction.
Only the Accountant-General may approve the issuing of deduction codes, in terms of an agreement between the Accountant-General and a person qualifying for such a code.
the person is in good standing with the South African Revenue Services and will annually provide the Accountant-General with proof of such good standing.
The Accountant-General may levy a fee of up to 5 per cent of deductions for emolument attachment orders, except orders specifically for child maintenance.
for loans below R10 000, the maximum is 27 per cent plus an administrative cost subject to a limit set out in the agreement with the Accountant-General.
other discretionary deductions do not exceed 25 per cent; and the minimum take-home pay is as specified in the agreement with the Accountant-General.
The Minister of Finance may determine the number of deduction codes on the Persal system.
Any serious or persistent material non-compliance with this regulation or the terms of the agreement with the Accountant-General constitutes misconduct.
It is a serious contravention for any person to knowingly exceed the deduction limits described above.
laying criminal charges; and if the person is an official, direct that the contravention be dealt with in terms of the Act.
Any person aggrieved by a decision of or penalty imposed by the Accountant-General may appeal to the Minister of Finance, whose decision will be final.
Any discretionary deduction in force on 1 April 2001 will remain registered until 30 June 2001, unless the official requests an earlier date of termination.
Between 1 April and 30 June 2001, any existing insurance deduction may be increased only once, provided that the increase does not exceed 15 per cent of the premium or R10, whichever is greater. Parties given new deduction codes may vary premiums periodically, provided that the increase does not exceed 15 per cent of the premium or R10, whichever is greater.
On 30 June 2001, any deduction to parties without a new deduction code will be removed from the system.
deductions where payments in a specific category exceed the limits outlined above; and a "last in-first out" basis will be used, unless determined otherwise by the Accountant-General.
"designated accounting officer" means the accounting officer of a designated department.
public entities listed in Schedule 2 or 3 of the Act, unless the context indicates otherwise; and public entities not listed in Schedule 2 or 3 but which, in terms of section 47 of the Act, are required to be listed.
Public entities that should have been listed in terms of the Act but which are not listed, must deposit all money received into the relevant revenue fund.
Public entities must submit all information required by the National Treasury in terms of the Act and these regulations to the Registrar of Public Entities in the National Treasury.
amount of budgetary transfers received over the past three financial years; and most recent corporate/strategic plan of the public entity.
The designated accounting officer must ensure that, within ten days of the end of each quarter, the public entity submits a report on its actual revenue and expenditure up to the end of that quarter. This regulation takes effect from 1 April 2002.
The accounting authority must quarterly report to the executive authority through the designated accounting officer on the extent of compliance on the Public Finance Management Act, 1999 and regulations. Any non-compliance must be reported together with reasons for the non-compliance.
The designated accounting officer may, after consultation with the relevant public entity, approve the sharing of services where it is economical, including the services of the audit committee and internal audit unit.
The accounting authority of a public entity must establish an audit committee for the public entity.
A shared audit committee may be established for a public entity and any subsidiaries under the ownership and control of that entity.
The chairperson of the audit committee may not be an employee of the public entity or a political office bearer.
The majority of the members of an audit committee may not be employed by the public entity or be members of the controlling body and all members must have appropriate experience.
The relevant executive authority has to concur with any premature termination of services of a member of the audit committee.
The audit committee must, in consultation with the head of internal audit, establish an audit charter to guide the internal audit approach.
report on the effectiveness of internal controls in the annual report of the institution; and comment on its evaluation of the financial statements in the annual report.
Should a report from internal audit (or any other source) to the audit committee implicate any member(s) of the accounting authority in fraud, corruption or gross negligence, the chairperson of the audit committee must promptly report this to the relevant executive authority and the Auditor-General.
The audit committee must communicate any concerns it deems necessary to the executive authority, the Auditor-General and if appropriate, to the external auditor.
The accounting authority must facilitate a risk assessment to determine the material risks to which the entity may be exposed and to evaluate the strategy for managing these risks. The strategy must be used to direct the internal audit effort and priority, and to determine the skills required for managing these risks.
The accounting authority must establish an internal audit unit.
A public entity and subsidiaries under the ownership control of the entity may have a shared internal audit unit.
The internal audit function may, in accordance with preferred tendering procedures, be contracted out to an external institution with specialist audit expertise, provided that the external auditors may not perform the internal audit function.
a modus operandi, with management inputs, to guide the audit relationship; and reports to the audit committee detailing its performance against the plan, to allow effective monitoring and intervention when necessary.
The internal audit unit must be independent, with no limitation on its access to information.
Unless directed otherwise by the relevant treasury, each public entity listed in Schedule 3A or 3C of the Act must appoint a chief financial officer by no later than 31 October 2001.
Without limiting the right of the accounting authority to assign specific responsibilities, the general responsibility of the chief financial officer is to assist the accounting authority in discharging the duties prescribed in Part 2 of Chapter 6 of the Act.
The annual financial statements must, include a report by the directors or controlling body which must also include a disclosure of all directors' and officer's emoluments of the holding company and its subsidiaries in accordance with the reporting standards determined by the National Treasury.
Public entities listed in Schedule 3A or 3C of the Act may, after consultation with the designated accounting officer, submit their annual financial statements and any other information required in terms of the Act to the designated accounting officer for inclusion in the relevant department's annual report.
capital expenditure programmes; and dividend policies.
The executive authority of a public entity may request additional information to be included in the corporate plan.
submit a three-year borrowing programme (beginning with the first financial year of the corporate plan) with their corporate plan to the National Treasury; and submit quarterly reports on the borrowing programme to the National Treasury, reflecting actual borrowing for that quarter and any update of the borrowing programme.
submit to the relevant treasury, with their corporate plans, a three-year borrowing programme beginning with the first financial year of the corporate plan. The programme must be in terms of approvals and limits determined by the Minister, and in terms of the Borrowing Powers of Provincial Governments Act; and submit to the relevant treasury, quarterly reports on the approved borrowing programme, reflecting actual borrowing for that quarter and any update of the borrowing programme.
quarterly updates reflecting actual borrowing for that quarter; and any update in the borrowing programme of Schedule 3D provincial government business enterprises that are authorised to borrow.
The borrowing programme referred to in paragraphs 29.1.3 and 29.1.
motivations for government guarantees, if required, and the executive authority's approval of the borrowing programme, if required by the legislation in terms of which the public entity was established.
The accounting authority for a public entity listed in Schedule 2, 3B or 3D must, in consultation with its executive authority, annually conclude a shareholder's compact.
The shareholder's compact must document the mandated key performance measures and indicators to be attained by the public entity as agreed between the accounting authority and the executive authority.
The accounting authority of a public entity must establish procedures for quarterly reporting to the executive authority in order to facilitate effective performance monitoring, evaluation and corrective action.
For purposes of section 52(a) of the Act, the projection of revenue, expenditure and borrowings must be in the same format as submitted for the accounting authority's approval.
The accounting authority for a public entity listed in Schedule 3A or 3C must submit a proposed strategic plan starting with the 2002/2003 financial year for approval by the relevant executive authority. Such a plan must be submitted at least six months before the start of the financial year of the designated department or another time period as agreed to between the executive authority and the public entity.
The strategic plan must be finalised and submitted to the relevant executive authority no later than 1 April 2002.
be updated annually on a rolling basis; and form the basis for the annual reports of accounting authorities in terms of section 55 of the Act.
The executive authority may request additional information to be included in the strategic plan.
The accounting authority of a public entity listed in Schedule 3 is responsible for establishing systems, procedures, processes and training and awareness programmes to ensure efficient and effective banking and cash management.
avoiding pre-payments for goods or services (i.e.
variance analyses of actual cash flow with the approved budget; and sweeping bank accounts to effectively utilise surplus cash.
The accounting authority must ensure that the public entity's cash management performance is reported regularly, but at least on a monthly basis.
When a public entity listed in Schedule 3 of the Act intends to open a new bank account, the National Treasury must approve of the bank. For purposes of section 7(2)(a) of the Act, existing banking arrangements can be regarded as approved by the National Treasury, but the accounting authority must submit a list of all such banking accounts by 31 May 2001.
the cost effectiveness; and the ability of the bank to provide the required services which through adequate systems, infrastructure and branch networks.
The adjudication and awarding of tenders must be done in accordance with the public entity's own internal tendering procedures.
Only the accounting authority or the person to whom such authorisation has been delegated may open a bank account.
A public entity or a government business enterprise with funds under management must have an investment policy approved by the accounting authority.
The investment policy referred to in paragraph 31.3.
reassessment of counter-party credit risk based on credit ratings; and assessment of investment instruments based on liquidity requirements.
invest surplus funds with the Corporation for Public Deposits, where such surpluses exceed R1 million; and invest surplus funds in an institution with an investment grade rating, where such surpluses are less than R1 million.
Public entities mentioned in paragraph 31.3.3 with existing investments as at 10 April 2001 are exempted until 1April 2002, provided that all relevant information on such investments are submitted to the National Treasury by 30 June 2001.
a request for borrowing for bridging purposes must be submitted to the Minister of Finance at least 30 days before the borrowing.
detailed cash flow and income and expenditure statements indicating how the debt will be repaid during the prescribed period; and the terms and conditions on which the money is borrowed.
This regulation does not preclude the use of credit cards, fleet management cards or other credit facility repayable within 30 days of the date of statement.
If an employee is alleged to have committed financial misconduct, the accounting authority of the public entity must ensure that disciplinary proceedings are carried out in accordance with the relevant prescripts.
The accounting authority must ensure that the investigation is conducted within 30 days.
If an accounting authority or any of its members is alleged to have committed financial misconduct, the relevant executive authority must ensure that appropriate disciplinary proceedings are initiated immediately.
issue any reasonable requirement regarding the way in which the investigation should be performed.
The accounting authority must advise the Auditor-General and the relevant executive authority and treasury of any criminal charges it has laid against any person in terms of section 86 of the Act.
The executive authority or relevant treasury may direct a public entity to lay charges of criminal financial misconduct against any person should an accounting authority fail to take appropriate action.
the names and ranks of employees involved; and the sanctions and any further actions taken against these employees.
The regulations issued in terms of the Public Finance Management Act (Act 1 of 1999) on 31 May 2000 (Regulation Gazette 21249) are hereby repealed with the exception of paragraphs 6.4, 18.4, 18.5 and 18.6.
The regulations issued in terms of the Public Finance Management Act (Act 1 of 1999) on 1 September 2000 (Regulation Gazette 21534) are hereby repealed.
<fn>GOV-ZA.22222En.2012-02-10.en.txt</fn>
traffic and parking.
To find out more about the services and facilities provided by your local municipality, visit the local government section of this website or contact your municipality.
<fn>GOV-ZA.22223bEn.2012-02-10.en.txt</fn>
In terms of section 12 (6) of the Stock Exchanges Control Act, 1985 (Act NO.1 of 1985), it is hereby notified that the JSE Securities Exchange South Africa has applied to the Registrar of Stock Exchanges for the approval to make amendments to its rules, as set forth in the Schedule herleto.
In terms of section 12 (7) of the said Act all interested persons (other than members of the Securities Exchange) who have any objections to the proposed amendments are hereby called upon to lodge their objections with the Registrar of StockExchanges, PO Box 35655, Menlo Park, 0102, within a period of 30 days fromthedate of publication of this notice.
Words underlined with a solid line (-) indicate the insertions in the existing rules.
Words in square brackets (I I) indicateomissionsfrom existing rules.
A brokinq member (equities) shall apaoint a settlement officer to ensure that the settlement of transactions in securities and STRATE approvedsecurities effected bv thatmembertakes place. Such settlement officer shall have obtained a pass in the settlement officer examination as may be prescribed by the JSE.
A brokins member (equities) shall appoint an alternate settlement officer who shall act in the absence of the settlement officer in all matters for which the settlement officer is responsible in terms of these rules. Such and business in the absenceof a duly appointed settlement officeror alternate settlement officer.
failinq, when requested, to assist the JSE's Surveillance DeDartrnent in the exercise of its duties which shall include, but shall not be limited to, failure without sufficient cause to provide information in accordance with the provisions of rule 3.275.2.1.51 3.
5.10.11(8efore undertaking to execute any transaction for a newclient, a broking member (equities) shall, as a minimum, authenticate the identityand residential address of such client and maintain a record of the means of such authentication.
Everybrokinamember(equities). CSM and CSA shallensurethat it obtains and maintains suficient information on each client account so as to beable to identify the beneficiary of the account and the person or persons responsiblefor placinq instructions ton the account at all times.
5.15.3Theinformationreferred to in 5.15.2.1 to 5.15.2.4 shall also be obtained in respectoftheperson Or persons responsible for placinq instructions on a client account if the Derson Dlaanq the instructions is not the individualin whose namethe account is held or the accountis not in the name of an individual.
<fn>GOV-ZA.222285En.2012-02-10.en.txt</fn>
On 1 July 2011, the price of electricity for normal households will increase by 20%. This is due to the revision of Eskom's tariffs.
Western Cape Minister of Economic Development, Alan Winde, said: "It is vitally important to have a good understanding of your income and costs so that you can plan accordingly. I would like to urge all consumers to include this price increase in their household budgets to ensure that all necessary expenses can be covered at the end of the month."
"If you need assistance with putting a monthly household budget together, please call the Western Cape Office of the Consumer Protector on 0800 007 081, and they will gladly help you."
Don't leave appliances on standby, rather turn them off at the plug.
Switch off lights when you are not in the room.
Use energy-saving light bulbs, which are available at grocery stores.
Only boil the amount of water you need, not a full kettle.
Turn your geyser off between 18:00 and 21:00 each night.
<fn>GOV-ZA.222307En.2012-02-10.en.txt</fn>
Groote Schuur is proud to announce a generous donation of R525 000 to its Renal Unit from Dr Arnold Tollman's family. Arnold Tollman, who was born in Cape Town, suffered from kidney disease for an extensive period of his life and required a kidney transplant. His brother, Stanley Tollman, and son, Gavin Tollman, wish to honor his memory and provide Groote Schuur Hospital with something it requires.
With the money donated, the following equipment will be purchased: multifiltrate machine, Aqua reverse osmosis, BCM body composition monitor, Edodosafe PTS reader and cartridge renatron dialyser reprocessing station.
This donation will provide essential state-of-the-art equipment for the treatment of patients with kidney failure. The multifiltrate machine will improve the care of patients with acute renal failure as it will avoid the use of anti-coagulants in patients requiring lifesaving dialysis with active bleeding. This will be a first for South Africa and put the academic units at the forefront of development of new treatments.
The renatron dialyser reprocessing station will enable the re-use of very expensive dialysers in patients with chronic renal failure and dramatically reduce costs and enable the hospital to treat more patients and save more lives. The estimated cost saving will be half a million rand per year in dialysis costs and will enable the administration to consider increasing patient numbers.
The aqua reverse osmosis will provide safer water for dialysis and avoid potential toxicity of untreated tap water. The BCM composition machine will enhance the assessment of dialysis patients and in this way improve their quality and length of life.
Western Cape Health Minister, Theuns Botha, expressed his gratitude to the Tollman family: "The cost of dialysis treatment per patient per year is about R200 000, which means dialysis will cost the country in the region of R5 billion per year in addition to the costs of pre-existing patients. It is not possible for government to offer treatment to all patients, therefore donations such as these make a significant difference in the treatment of kidney diseases in the Western Cape."
The donation will improve care for patients with acute and chronic renal failure, reduce costs and make treatment safer.
<fn>GOV-ZA.22281eEn.2012-02-10.en.txt</fn>
In terms of section 12 (6) of the Stock Exchanges Control Act, 1985 (Act NO. 1 of 1985), it is hereby notified fiat the JSE Securities Exchange South Africa has applied to the Registrar of Stock Exchanges for the approval to make amendmentsto its rules, as setforth in the Schedule hereto.
In terms of section 12 (7) of the said Act all interested persons (other than members of the Securities Exchange) who have any objections to the proposed amendments are hereby called upon to lodge their objections with the Registrar of Stock Exchanges, PO Box 35655, MenloPark, 0102, wittiin a period of 30 days from the date of publicationof this notice.
<fn>GOV-ZA.22294En.2012-02-10.en.txt</fn>
It is hereby madeknown for general information that an agreement as set out in the Annexure hereto has in terms of section 100 of the Constitution been entered into between the Government of the Republic of South Africa and the Government of the Province of Mpumalanga.
The Agreement has been signed on behalf of the Government of the Republic of South Africa by T A Manuel, MP, Minister of Finance and on behalf of the Province of Mpumalanga by N Mahlangu, MPL, Premier of the Province of Mpumatanga, and took effect on 3 April 2001.
WHEREAS, in accordance with its responsibility in terms of section 100 of the Constitution, the NationalGovernment desires to take appropriate steps in terms of section 100(l)(a)of the Constitution to ensure that the Province fulfils its executive obligations.
The National Government undertakes to grant the Province an amount of R300 million to be utilised to fund the Province's outstanding financial commitments accumulated over the 1999100 and the 2000/01financial years.
ensure that its expenditure remains within the R7,998 billion resource envelope of the Province for the 2001/02 financial year.
appropriately reallocate, through the Adjustments Estimate, the contingency reserve of R297 million to the Budget Votes: Provided that, to the extent necessary, it may provide for a contingency reserve of an amountnot exceeding R20 million; and present to the National Treasury, by 30 June 2001,a detailed cash flow plan for the2001/02financial year.
assessing improving the capacity of financial and management in key spending departments (e.g.
(a)decentralist the management of the Basic Accounting System (BAS), ProvisioningAdministration System (PAS) and the PERSAL function; an?
withdraw the facility to issue hand-drawncheques.
consenttothe National Treasury's participation in the Committee,. in an observer capacity.
when the Budget for the 2002/03 financial year istabled, the MTEF Budgetprovides for a contingency reserve of an amount not exceeding R20 million annually; and in the budgets foreach of the 2002/03, 2003104 and 2004105 financial years, respectively, the Province provides for a surplus budget of at least R50 million to finance the debt of the province as at 31 March 2001 and takes such steps as are necessary to finance any other remaining debts,, without unduly disrupting the provision of basic services.
the imposition of a limit to-the addition of new vehicles to the provincial fleet; and the initiation of to rationalise departmental processes and administrative structures inorder to eliminate the unnecessary duplication of functions.
The Province commits itself to determine, by 30 June 2001, its total debt commitments and to comply timely with all financial obligations, including with regard to its paymenti to the South African Revenue Services and the GovernmentEmployeesPension Fundand in respect of the payment of other legitimate claims against the Provincial Revenue Fund, including for the payment of municipal rates and charges andother creditors and suppliers.
steps to review alltariffs, fines, feesandrents to bring them in line with the levels of other provinces; and a register of all government and immovable houses other properties, their locationandcondition, the identity of their occupants, the rent paid and confirmation that all accrued rentals have been collected.
The Province undertakes to, on a quarterly basis or such other periods as maybe determined by theMinister, provide the Minister with comprehensive reports, prepared by the MEC for Finance and co-signedby the Premier, on progress in implementing this agreement.
The Province undertakes to, by 31 May 2001, provide the Minister with the actual total costs of the building, includinganoutline of all its financial commitments, guarantees and other liabilities arising from its involvement in the Riverside Government Building Complex, to report on the steps taken or to be taken to resolve any issues arising from the said complex and to incorporate such liabilities into the province'sMTEF budget.
This agreementtakeseffect on 3 April 2001 and is valid for a period not exceeding 12 months: Provided that if, as a result of a comprehensivereview of the Province's compliance with the terms of this agreement to be carried out in March 2002, the Ministerconsiders it necessary for this agreement or any term thereof to continue in force beyond that 12 monthsperiod, the Minister shall, in writing, so inform the Premier.
<fn>GOV-ZA.22312En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.223140En.2012-02-10.en.txt</fn>
Table Mountain is in the running to become one of the New7Wonders of Nature, and your vote can make a difference!
Cape Town's Table Mountain is currently competing against 27 other natural wonders in the world for a spot on the New7Wonders of Nature list.
If Table Mountain becomes one of the new natural wonders of the world, tourism could increase by 20%. This will generate an additional R1.4 billion in revenue every year and support employment opportunities for around 11 000 people.
The Western Cape Minister of Tourism, Alan Winde, has become an official ambassador for the New7Wonders' Table Mountain campaign. The New7Wonders of Nature will be revealed on 11 November 2011.
How to Vote?
You can help make Table Mountain one of the New7Wonders of Nature by voting.
There are a few different ways to vote and you can cast as many votes as you like!
You can support Table Mountain by voting online on the official New7Wonders website.
You can also vote via SMS. Simply SMS "TABLE" to 34874 (each SMS costs R2).
You can find contact details on the New7Wonders website.
<fn>GOV-ZA.22321aEn.2012-02-10.en.txt</fn>
PUBLIC FINANCE MANAGEMENT ACT, 1999 of the Public Finance Management Act, 1999 (Act No 1 of 1969), hereby determine the additional listing of public entities as indicated in the Schedule. The listing will be effective from date of publication.
Manufacturing Development Board.
<fn>GOV-ZA.2232En.2012-02-10.en.txt</fn>
South Africa's law enforcement agencies on Sunday pulled yet another stunning performance securing the official opening of the 2009 Fifa Confederations Cup at Ellis Park Stadium in Johannesburg.
<fn>GOV-ZA.2234c30a323f486a8c1eea3ffa1596cbEn.2012-02-10.en.txt</fn>
Enquiries, comments and suggestions for November 2009 should be directed to the address shown in (1).
Major findings8 5.1 Social Grants8 5.3 Inactive Grant Status11 5.4 Social Grant Application12 5.5 Gender 13 5.6 Marital Status1314 5.7 Citizenship14 5.
Based on data extracted from the SOCPEN system on 31 November 2009, Child Support Grant accounts for the highest proportion of grants, followed by Old Age Grant, and Disability Grant. The War Veteran Grant accounts for the least proportion of grants.
SASSA has managed to reach 478,046 children aged 1417. This is a significant increase of 12,323 from the October 2009 dataset of 465,723. The data suggest that SASSA is implementing its policy effectively to make social grant accessible to those children.
All the regions are still having backlogs in terms of approving applications received or capture on a month.
Most of the beneficiaries prefer to receive their grants through the cash payment method, as compared to the use of electronic payment method. However, North West and Mpumalanga regions are the only provinces were the use of electronic method of payment is increasing and is effective. The voucher payment method is only being used in Mpumalanga and Limpopo regions.
KZN region has the most cases of suspended Child Support Grant.
1.1 Monitoring and Evaluation Department of SASSA produces monthly statistical reports on the social assistance programme based on data sets extracted from the SOCPEN system. This is a routine monthly statistical report produced for the month of November 2009 based on individual level records of all social grants and beneficiaries.
1.2 The Department uses various methods of statistical techniques to analyse the results using the SAS programme. However, the method used for the analysis of the results are either univariate or bivariate. The presentation of the analysis is in the form of observed frequencies, frequency proportions, averages, bar chats, pie charts and histograms.
Since, SASSA manage the quality of social services to eligible and potential beneficiaries effectively and efficiently through paying the right social grant to the right person at the right time and place. It has been deemed necessary for Monitoring and Evaluation Department to produce statistical report, with the purpose of depicting the status quo of social grants transfers disbursed by the South African Social Security Agency (SASSA) during the month of November 2009. However, the regions and provinces will be used interchangeably.
2.1 The report is intended to serve as a reference material to stakeholders such as the Executive Management and staff of SASSA, research and academic institutions interested in the social assistance programme as well as the general public.
3.1 Monitoring and Evaluation Department of SASSA has established that as a result of SOCPEN system not having mandatory fields on variables, the quality of raw data, will always be subjective. That is, in some of the results such as disaggregating by gender and age, missing and unknown values were encountered.
to qualify for old age grant.
Beneficiary Refers to any person who receives social assistance in terms of Sections 6, 7, 8, 9, 10, 11, 12 or 13 of the Social Assistance Act of 2004 (Act No 13 of 2004).
Care Dependency Grant Refers to a grant paid to a parent or a foster parent in respect of a care dependent child in terms of Section 7 of the Social Assistance Act of 2004 (Act No 13 of 2004).
Care Dependent Child Refers to a child between the ages of 0 and 18 years who require and receives permanent home care due to his or her severe mental or physical disability.
Child/children Refers to any person under the age of 18 years.
Child Grant Refers to child support grant, care dependency grant, and Foster Child Grant.
Child Support Grant Refers to a grant paid to a primary caregiver of a child who satisfies the criteria in terms of Section 6 of the Social Assistance Act of 2004 (Act No 13 of 2004).
Disability Grant Refers to a grant paid to a disabled person in terms of Section 9 of the Social Assistance Act of 2004 (Act No 13 of 2004).
Foster Child Grant Refers to a grant paid to a foster parent in terms of Section 8 of the Social Assistance Act of 2004 (Act No 13 of 2004).
Foster Child Refers to any child who has been placed in the custody of a foster parent in terms of Chapter 3 or 6 of the Child Care Act, 1983 (Act No 74 of 1983) or Section 290 of the Criminal Procedure Act of 1977 (Act No 51 of 1977).
Foster Parent Refers to any person, except a parent of the child concerned, in whose custody a foster child has been placed under Chapter 3 or 6 of the Child Care Act of 1983, or Section 290 of the Criminal Procedure Act of 1977, or a tutor to whom a letter of tutorship has been issued in terms of Chapter IV of the Administration of Estates Act of 1965 (Act No 66 of 1965).
Grant in Aid Refers to a grant paid to a person who satisfies the criteria in terms of Section 12 of the Social Assistance Act of 2004 (Act No 13 of 2004).
Older Person Refers to any person who has, according to the Social Assistance Act of 2004 (Act No 13 of 2004) attained the prescribed age in accordance to Sections 10 (a) or (b).
Old Age Grant Refers to a social grant paid to an aged person in terms of Section 10 of the Social Assistance Act of 2004 (No 13 of 2004).
Parent Refers to the legal parent of a child as defined in the Child Care Act of 1983 (Act No 74 of 1974).
War Veteran Grant Refers to a grant paid to a person who satisfies the criteria in terms of Section 11 of the Social Assistance Act of 2004 (Act No 13 of 2004).
Social Grants are classified into Child Support Grant (CSG), Care Dependency Grant (CDG), Foster Child Grant (FCG), Disability Grant (DG), Old Age Grant (OAG), War Veteran's Grant (WVG) and Grant in Aid (GIA).
Table 1 provides a summary of social grants type by region. The table shows that a total of 13, 729, 049 South African people benefited from social grants as at 31 November 2009. KZN has the highest number of grants, followed by ECP and LIM regions respectively.
The table suggests that most of the beneficiaries are found in the most rural regions. This indicates that the rural regions need more intervention on eradicating or minimizing poverty. Northern Cape (NCP) has the lowest number of social grants. The information suggests that NCP have the lowest beneficiaries; and this could be because of its lowest total population or lack of accessing services that would enable them to register for social assistance grants.
Table 2 provides a summary of beneficiaries by social grant type and regions. The data reflects that there were 9,654,290 beneficiaries as at 31 November 2009. The table depicts that KZN, ECP, GAU and LIM regions has the highest number of beneficiaries who receive social grants respectively. NCP and FST regions have the lowest number of beneficiaries. This could be as a result of different demographic characteristics of the regions.
Figure 1, shows the transfers of social grant recipients by grant type and age category as at 31 November 2009. The graph shows that children aged between 04 year's accounts for the highest number of beneficiaries on CSG. Children between the ages 1820 are the least beneficiaries of all children's grants nationally. This data suggest that the age group 1820 years have not yet benefited more on the social grant system. This could be as a result of not qualifying based on SASSA means test. The data further depicts that SASSA has managed to reach 478,046 children aged 1417. This is a significant increase of 12,323 from the October 2009 dataset of 465,723. The data suggest that SASSA is implementing its policy effectively to make social grant accessible to those children.
Furthermore, the graph shows that adults aged between 65 and 79 years accounts for the highest number of beneficiaries receiving the OAG followed by adults aged between 6064 years. Adults aged 2135 years accounts for the least number of beneficiaries on adult grants. This might be because beneficiaries can only qualify for the DG and GIA within the adult grants.
Figure 2, summarises the number of inactive social grants by grant type and region as at 31 November 2009. The data shows that among the adult grants there are fewer numbers of beneficiaries that are declared deceased especially those receiving the DG and OAG. For the children's grants, KZN shows having the highest number of suspended grants among those receiving CSG and FCG followed by ECP and LIM regions. The data suggests that there are more beneficiaries in KZN whose grants are either suspended or the beneficiaries are deceased.
Figure 3, shows the number of applications captured and approved per month and within a day during the month of November 2009. The table shows that KZN and ECP regions accounts for the highest number of applications that were captured within a month. However, the data shows that 1 month approval is slightly lower than the application received or captured. This suggests that there is a backlog of approvals per month experienced in all the regions.
NCP region seems to be the least region that captures applications. The data shows that NCP region managed to approve 1,805 applications per month out of 2,971 applications captured. This data indicates serious backlogs of applications in all the regions. This further shows that the turnaround time set, has not been met.
Figure 4, shows the transfers by region and gender as at 31 November 2009. The graph shows that females in all the regions accounts for the highest number of social grant beneficiaries as compared to their male counterparts. The graph further shows a small number of unspecified beneficiaries in terms of their gender classification.
Figure 5, summarises the number of social grant type by marital status during the month of November 2009. The graph indicates the never married beneficiaries who receive the DG and OAG accounts for the highest number in the country. However, the beneficiaries who are divorced, deserted, in customary marriages, permanently cohabiting and being paid lobola do not benefit much on the grants system as they account for the least numbers. The widows also account for the highest number of those receiving the OAG.
Figure 6, graph summarises the social grant recipients by citizenship and region as at November 2009. The graph suggests that most of the nonSouth Africans with the highest number of beneficiaries receiving social grants is mainly found in LIM, GAU and MPU regions. However, this number has increased as compared to the October 2009 dataset.
Figure 7, shows the number of beneficiary transfers by payment methods and regions as at 31 November 2009. The graph indicates the number of beneficiary transfers using electronic and cash grant payment method by region. The figure shows that GAU, KZN, ECP and LIM regions account for the highest number of beneficiaries using cash payment method. MPU and NWP are the least regions where the uses of electronic payment methods are effective. The voucher payment method is being used in the MPU and LIM regions effectively.
The information on the table suggests that, there is a need to promote the use of electronic payments with regions to minimize long queues experienced by beneficiaries and considering their illhealth. SASSA must consider the fact that pension robberies are experienced by the beneficiaries and the use of electronic method could minimize such robberies. The GAU region requires the promotion on the use of electronic payment method as it is more urbanised with the entire infrastructure. The electronic systems can be easily accessible.
<fn>GOV-ZA.223504En.2012-02-10.en.txt</fn>
Requirements - Minimum Educational Qualification: A Senior Certificate (or equivalent)(A certified copy must be attached).
Inherent Requirements of the Job: A willingness to render service after hours.
Good communication skills (read/speak/write) in at least two of the three official languages of the Western Cape.
Good telephone etiquette.
Computer literacy (MS Office package). (Proof must be provided).
Registration of patients on the X-ray and hospital information system as well as recordkeeping.
Handle telephonic bookings and enquiries.
Order, uitilise and store material resources.
Fulfil all X-ray darkroom duties.
Booking of special radiological examinations.
Distribution of radiological reports.
Communicate and liaise with colleagues, patients, hospital staff, the public and other institutions regarding relevant X-ray matters.
Note: This post was also advertised in the District Mail.
R94 575 per annum.
<fn>GOV-ZA.223557En.2012-02-10.en.txt</fn>
Requirements - Minimum educational qualification: A Senior Certificate (or equivalent).
Experience: Relevant previous administrative experience.
Potential to perform the duties attached to the post.
Above average computer and software literacy.
Fluency in two of the three official languages of the Western Cape.
Efficient and effective processing and filing of documentation.
Effective control of reports and statements, during and after the forensic mortuary process.
An effective procurement provisioning to the Forensic Pathology Laboratory.
Rendering an effective support to the Manager: FPS Laboratory (M1-M2).
Provide administrative support with Forensic Pathology Laboratory functional activities.
Note: This post was also advertised in the Beaufort West Courier.
<fn>GOV-ZA.22356En.2012-02-10.en.txt</fn>
published for general information.
The design of the National Flag is described in the Schedule to Proclamation no. 70, 1994 as published in Government Gazette no.15663 of 20 April 1994. The National Flag shall be rectangular in the proportion of two in the width to three in the length; per pall from the hoist, the upper band chilli red and the lower band blue, with a black triangle at the hoist, over the partition lines a green pall one fifth the width of the flag, fimbriated white against the chilli red and blue, and gold against the black triangle at the hoist; the width of the pall and its fimbriations is one third the width of the flag.
The flag stations wheretheNational Flag should be flown officially are indicated in the Schedule to these instructions.
(9)the National Flag is also displayed in entrance halls, conference rooms and certain offices at flag stations as prescribed in paragraphs 5, 11, 12 and 13 below.
Flagstaffs which are erected outside a building should be placed either on the roof or in front of the building in order to'give the greatest possible prominence to the National Flag, according to circumstances. Flag staffs should asfar as possible be fitted with a truck equipped to carry a double set of halyards in order to obviate failure to hoist the National Flag at the specified hour. Flagstaffs shouldalso be erected and fixedin such a manner that theycan be lowered for painting or repairs.
Except on ceremonial occasions, where the National Flag should be hoisted unfurled, it should at the specified hour be hoisted rolled-up to break at the truck and at sunset, or at the appointed time, it should be lowered slowly.
For official use the proportion of the breadth to the length of the National Flag should be the same as 2 to 3.
for ordinary use -270 cm x 180 cm or 180 cm x 120 cm according to the size of the building; and for use during stormy weather-90 cm x 60 cm.
Apart from the' day indicated above, the flag intended for ceremonial use may also be flown on special occasions on instructions from the The Presidency and in accordance with paragraph 3 and 7 (b).
The National Flag should be half-masted as a sign of mourning only on instructions from The Presidency. IO. When the National Flag is half-masted, it should first be hoisted to the top of the flagstaff and then slowly lowered until the centre of the flag is half-way between the truck and the bottom of the flagstaff. Before theflag is lowered at sunset, or at the appointed time, it should first be hoisted to the top of the flagstaff.
When the National Flag is displayed vertically against awall, the red band should be to the left of the spectator with the hoist or the cord seam uppermost; when it is displayed horizontally, the hoist should be to the left of the spectator and the red band uppermost.
When the National Flag is displayed next to or behind the speaker in a hall or other meeting place, for example with him on a stage, it must be placed on the speaker's right hand. When it is placed elsewhere in the hall or meeting place it should beto the right of the audienceas they face the speaker.
any other flag on crossed staffs#the NationalFlagITUst be to the spectators' left and its staff must be in front of the staff of the other flag; and (f} another flag or flags in procession, the National Flag must be on the marching right (that is to say, on the left side from the observer's point of view).
flags which have been replaced as unfit for further use are returned to the original office of issue for repair, or, if they are not repairable, that they are destroyed, and in the carrying out of these instructions, due respect and ceremonial are observed, and that the authority and dignity of the State, as expressed by the flying of the flag, are properly upheld.
The National Flag must at all times be treated with dignity and respect.
be used to cover a statue, plaque, cornerstone etc.at unveiling or similar ceremonies; or be used to start or finish any competition, raceor similar event.
Parliament, Cape Town*.
Offices of the Premiers of the nine provinces.
All Court buildings in the Republic.
All international and national airports in the Republic.
Such other main buildings wherein Departments of State are housed or any other building as determined by The Presidency.
Flag stations of the South African National Defence Form, as defined in the Permanent Force Regulations.
The main customs buildings in and on the borders of the Republic of South Africa.
All South African Police Service stations in the Republic. LL (I) All foreign offices of the Republic.
Parliament will adopt its own rules for the flying of the National Flag.
<fn>GOV-ZA.223596En.2012-02-10.en.txt</fn>
Requirements - Minimum Educational Qualification: A Senior Certificate (or equivalent) with Mathematics or Accountancy as a passed subject.
Experience: Appropriate experience in Finance Creditors.
Knowledge and understanding of BAS/SYSPRO.
Communication and interpersonal skills.
Knowledge of Finance and Treasury Regulations and Instructions.
Computer literacy (MS Office: MS Word, Excel).
Ability to communicate effectively (verbal and written) in two of the three official languages of the Western Cape.
Handling of all aspects pertaining to creditors.
Transaction of payments on BAS (Basic Accounting System) and SYSPRO.
Reconciliation of payments and statement.
<fn>GOV-ZA.223607En.2012-02-10.en.txt</fn>
Requirements - Minimum Requirement: Basic reading, writing and numeracy skills.
Experience: Experience in a food service environment.
Ability to work in wet areas, cold areas (freezers) for long hours.
Ability to move heavy equipment and supplies.
Willingness to work shifts, weekends and public holidays.
Knowledge and understanding of the basic food groups and cooking methods.
Ability to speak and write in at least two of the three official languages of the Western Cape.
Prepare and produce food.
Assist supervisor with the receipt, storing and issuing of stock.
Assist supervisor with the recording of various temperatures.
Ability to prepare food according to standardised recipes.
Ability to be trainable in preparing of normal and therapeutic diets.
Follow and adhere to health and safety regulations.
Attend in-service training programmes.
Note: This post was also advertised in the Table Talk.
R55 830 per annum.
<fn>GOV-ZA.223618En.2012-02-10.en.txt</fn>
Requirements - Minimum Educational Qualification: An appropriate tertiary qualification.
Experience: Appropriate experience in a managerial position in a NGO, private organisation or the public sector.
Proven leadership abilities.
Good interpersonal and people management skills.
Knowledge of Public Sector laws.
General and operational management of a community health centre and related services in the drainage area.
Strategic and operational planning and the implementation of operational plans.
Sound Financial, Supply Chain Management and Human Resource Management including Staff Performance System.
Implementation of the prescribed package of services.
Plan and coordinate the provision of support service systems that will enhance the quality of care.
Ensure a high level of client satisfaction through the effective planning and implementation of local centre operations and good communications with clients and communities served.
Quality assurance programmes.
Note: This post was also advertised in the Sunday Times, Rapport and the City Press.
A remuneration package of R406 839 per annum (a portion of the package can be structured according to the individual's personal needs).
<fn>GOV-ZA.22384En.2012-02-10.en.txt</fn>
The Faculty of Health offers a wide range of programmes for health professionals and is able to cater for most students interested in the health and well-being of communities.
Our facilities are top notch and include a state-of-the-art dental technology laboratory, and fully functional top notch homoeopathy, chiropractic, somatology, radiography, primary health and community nursing clinics to serve our communities. A modern environmental health laboratory, a computerised physiology laboratory, and two human anatomy laboratories compare favourably with the best facilities in South Africa.
Emergency Medical Care and Rescue students use all the equipment necessary for training in efficient, high technology emergency and rescue situations under expert guidance. The Department of Child and Youth Development are partners in community projects helping children at risk.
In addition to the excellent opportunities for experiential learning, academic and support staff are well qualified, enthusiastic and dedicated to their students and to their professions.
Research is endorsed as an integral part of training in the health professions and participation in research by staff and students is encouraged and supported. Graduates are in demand in both the public and the private sectors. The Faculty of Health aims to meet the needs of the country and the community for quality health professionals.
This is an interactive and innovative way of providing first year health science mentees on-line access to their senior, second and third year mentors. They are able to send messages, read announcements and interact with each other through a virtual medium. This allows them unlimited access to each other to promote both personal and professional development. The site also has useful websites and quick tips for study guidance and university life.
<fn>GOV-ZA.223861En.2012-02-10.en.txt</fn>
Requirements - Minimum Educational Qualification: A Senior Certificate (or equivalent).
Experience: Appropriate office administration experience.
Inherent Requirements of the Job: Ability to rotate in the department.
Ability to communicate in at least two of the three of the official languages of the Western Cape.
Computer literacy (MS Word, Excel, PowerPoint and GroupWise).
Sound secretarial, organisational and planning skills.
Knowledge of related Polices, Regulations and Mental Health Act 17 of 2002.
Receive, check, capture, monitor and control all documents in respect of mental health care users relating to admissions, discharges, transfer, appeals, complaints, periodic reports and documents processed to be referred to the Western Cape High Court.
Responsible for recordkeeping and the receipt and sending of all post.
Render an interpreter service to the members of the Board during client visits, interviews and hearings.
Handle telephonic, verbal and electronic communications to and from the department and the clients, public.
Receive and assist all clients and staff and provide secretarial support for meetings.
Responsible for the procurement and safe keeping of all stock.
Effective support to supervisor and colleagues.
Note: This post was also advertised in the Plainsman.
<fn>GOV-ZA.223linkinglocalgoverntelectionswithongoingcommunityparticipationEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.224180En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.224210En.2012-02-10.en.txt</fn>
SADTU Western Cape's resolve to ensure that all educators do not participate in the NSC marking process and its call for all principals and deputy principals not to sign any job descriptions or performance contracts in the Western Cape reveals that they have no interest in improving the standards of education in this province.
The Western Cape Government's main priority is to protect the interests of our learners and to enhance the quality of teaching in this province.
Therefore, we will continue to implement the criteria for the selection of examination markers and proceed with consultation on the performance contracts.
SADTU Western Cape has rejected the WCED's criteria for examination markers, most specifically the criteria that confirms that the WCED would only consider applicants whose school achieved a pass rate of at least 70% in the subject applied for.
To enhance the credibility of the National Senior Certificate Examinations and to give all candidates and their teachers their best opportunity, we will not withdraw our requirements and criteria for markers for the 2011 NSC. We want to ensure there is the highest possible standard of marking in these examinations and that all our markers are both competent and experienced in their subject fields.
SADTU appears to misunderstand the difference between conditions of services and conditions of employment. The appointment of examination markers is not a condition of service. The final decision as to the appointment of internal moderators, chief markers, deputy chief markers and markers rests with the WCED.
In order to ensure quality in the system, we need to commit ourselves to being accountable for our actions.
We are very fortunate in this province to have in place hundreds of quality school principals, who are committed and passionate, and deliver the best possible results in often very difficult circumstances.
By introducing a performance agreement for principals and deputy principals, we will be strengthening the levels of accountability in the system and, in turn, helping improve the quality of education provided in this province. These performance contracts will ultimately link performance assessment to the quality of learner outcomes at a given school.
We are fully aware, and agree, that conditions of service are a national competence.
However, conditions of employment are a provincial competence. The performance contract will be an agreement between the employer and the employee. In the case, the employer of educators and principals is the Head of Department for the Provincial Education Department.
The WCED has committed itself to a series of consultations with relevant roleplayers before any final contracts are arrived at. This consultation will include matters of sanctions and rewards. This process will include the provincial principals' forum, school governing bodies, unions and the South African Principals' Association.
SADTU has been invited to join the process and we welcome their input in this regard.
Once we have completed this process and have drawn up a contract, our intention is to pilot the agreement starting in January 2012.
We are, however, resolute in our determination to see such agreements enacted.
The WCED is participating in the discussions at national level concerning the introduction of performance agreements.
In the SADTU constitution, it states that its members would "maintain high standards of ethical conduct, professional integrity and efficiency in the promotion and maintenance of standards of teaching and learning".
Its statements and actions should reflect this commitment.
The Western Cape Education Department, however, can assure all parents and learners that it will not withdraw any of these measures at the expense of improving the standards and the quality of education in this province.
<fn>GOV-ZA.224347En.2012-02-10.en.txt</fn>
Mandela Day on 18 July is celebrated internationally and falls on the former statesman's 93rd birthday. This year, everyone is encouraged to dedicate at least 67 minutes of their time to an activity that helps to make the world a better place.
What Can I Do on Mandela Day?
Visit a local home for the blind and open up a new world for someone else.
Donate your old textbooks or any other informative books to a school library.
Get in touch with your local HIV organisations and find out how you can help.
Buy a few blankets, or grab the ones you no longer need from home and give them to someone in need.
Mentor someone. Make time to listen to what the kids have to say and give them good advice.
Take an elderly person grocery shopping; they will appreciate your company and assistance.
Organise a clean up at your local park, river, beach, street, town square or sports grounds with a few friends.
For a full list of 67 examples of ways to change the world, visit the Nelson Mandela Foundation website.
In keeping with this theme of volunteerism, Premier Helen Zille and the rest of the Western Cape Provincial Cabinet will celebrate Mandela Day by spending 67 minutes cleaning wards at the Red Cross Children's Hospital.
Once they have finished cleaning wards, the Premier and provincial ministers will interact with young patients and hospital staff.
The Department of Environmental Affairs and Development Planning, in collaboration with its public entity, CapeNature, will facilitate a beach clean up on Saturday, 16 July, as part of Mandela Day 2011 celebrations. An estimated 5 800 learners from around the Western Cape will participate in the clean up, which will stretch from Sunrise Circle in Muizenberg to the Strand. Learners will tread a route comprising of five designated beaches, with each beach taking approximately 67 minutes to clean.
Additional partners in the event include non-profit organisation, NewKidz on the Block, the Western Cape Department of Local Government and the SABC TV educational programme, Hectic 99. Minister Anton Bredell will address scholars at the Strandfontein Pavillion on the importance of Mandela Day and community involvement in creating a better environment for all.
Western Cape Human Settlements Minister Bonginkosi Madikizela, accompanied by national Human Settlements Minister Tokyo Sexwale will launch the Legacy project in Conifers -Blue Downs, Cape Town as part of the Mandela Day Celebrations. Apart from assisting in the actual construction of houses, the Dignitaries will also take part in other community work such as planting trees and laying of lawn at the two local parks adjacent to the project site.
The Legacy project, which precedes the hosting of International Housing and Home Warranty Conference (IHHWC) in Cape Town (24-28 September 2011), aims to showcase innovative solutions by building eight double storey 60m2 houses for the subsidy sector. The houses will be allocated to vulnerable members of the community.
The Legacy project is a partnership between the National Department of Human Settlements, Western Cape Human Settlements, the City of Cape Town and National Home Builders Registration Council (NHBRC).
<fn>GOV-ZA.224461En.2012-02-10.en.txt</fn>
Venue: The Johnson and Johnson Hall, Staff Education Centre, Red Cross War Memorial Children's Hospital.
The workshop is open to all doctors, nurses and professions allied to medicine.
The course and lunch will be sponsored by Adcock Ingram.
Please RSVP for catering purposes and course material to Giovanna Adams 021 658 5335 or e-mail GR. Adams@uct.ac.za or Angeline Schrikker 021 658 5731 or e-mail aschrikk@pgwc.gov.za.
<fn>GOV-ZA.224465En.2012-02-10.en.txt</fn>
Jeffrey Isaacs spent the largest part of his working life at Red Cross War Memorial Children's Hospital. The 65-year-old of Mitchell's Plain started working at the hospital as a labourer in 1971. He retired in February 2011 after 40 years of dedicated, unbroken service.
On 14 July, Jeffrey and 56 other long-serving employees were rewarded for their loyalty at an event held especially in their honour.
Jeffrey is one of three employees who were honoured for working for the Western Cape Department of Health for 40 years. Another awardee was Professional Nurse Martha Brink of Rondebosch.
Martha started her nursing career as a student nurse at Tygerberg Hospital in January 1971. She completed her midwifery training at Frere Hospital in the Eastern Cape where she worked from 1974 until 1975. She then worked at Swartland Hospital from 1976 until 1978 when she moved to Red Cross War Memorial Children's Hospital. She is currently employed as a specialist paediatric nurse in the cardiac ward.
Martha is a trained midwife. She also has theatre, critical care, trauma and ear, nose and throat nursing training and experience.
The third award recipient, Shirley Adams, started her career as a nursing assistant in 1970. She was promoted to senior nursing assistant in August 1997. She currently works in the burns ward.
Of the 57 people being awarded at the event, 17 people have been working for the Western Cape Department of Health for 30 years, 14 for 20 years and 23 people have been awarded for working at Red Cross War Memorial Children's Hospital specifically for 20 years.
Red Cross War Memorial Children's Hospital's CEO, Dr Lungi Linda, commended the employees for their loyalty: "As management we feel proud that you have been true public servants and true ambassadors who have served our people selflessly with dignity and humility. We thank you very much for your loyalty, professionalism, high work ethic, commitment and accountability and respect for human dignity. Well done, good and faithful public servants."
Western Cape Minister of Health, Theuns Botha, said: "The lifetime that you have committed to this hospital demonstrates your devotion and love of your caring for children and the community at large. The Western Cape Department of Health is indeed fortunate to have earned your dedication. I know that this work requires the ultimate patience, and you have proved to have stood the test of time."
<fn>GOV-ZA.22454En.2012-02-10.en.txt</fn>
In terms of section 12 (6) of the St& Exchanges ControlAct, 1985(Act No. 1 of 1985), it is hereby notified that the JSE Securities Exchange South Africa has applied to the Registrar of Stock Exchangesfar the approval to make amendments to itsrules.asset forth inthe schedulehereto.
In terms of section 12 (7)of the said Act all interestedpersons (other than members of the Securities Exchange) who have any objons to the proposed amendments are hereby called upon to lodge their objedons with the Registrar of Stock Exchanges, PO Box 35655, Menlo Park, 0102,within a period of 30days from the date of publicationof this notice.
Words in square brackets(I) indicateomissions from existing rules.
Same manner as the rules the lity of rule 15.10.2. rules 5.
"Companies Act" means the Companies Act.
1973 (Act No.
trust or similar &vice (yvherever established) that of means an action.
"LOT+ inserted number!"
A Conmion -AWI is an event where all of the issued secum of a class are converted Into new securities of a different election different w v the Issuer.
Ion shares or cask f the securities. A llauldatlon payment can be made In stages (Interim and Final). In the case of an interim liauidation has w e . the securities will be de-listed.
md failina an Won.
Finalisation Date owners. to subscnbe for further securities.
This offer is made either bv means of the issue of a renounceable letter pf riaht that mav be sold.
A Sub-Dlvrsron is an event where the number of issued shares of a class i e s interms of Section85 of the or sgwritles Inan-are about to be. listed and.
uncondltlonal in all respects and are anv existing secur-will be t&d ex the cogorate action entitlement fromis dav. The maximum number of new sec&ties (if anvm for issue in terms of the relevant corwrate action will be listed bv the JSE on the First Dav to Trade with an adjustment to the actual number be two davs before the RD (RD-2) and affected parties are required tQ an e&j&&gpificable.
15.50.12Fractions reswa from the calc-ns in 15.50.1 1 willbe rounm down to the nearest whole numberifthav are less than 0.5 and will be deadline.
5.60.2.7 Without followina -orate eve& will continue to be listed andv be traded.
15.70 7 The written a r r..
fie Settlement Authorltv in terms of 14-150.1.3. 14.1 70.
<fn>GOV-ZA.224571En.2012-02-10.en.txt</fn>
The last weekend of the Winter School Holiday period saw 23 Safely Home roadblocks set up by Provincial Traffic, SAPS and Municipal Traffic to help ensure that road users get safely home.
A total of 2 487 vehicles were stopped and 1 014 drivers were screened for driving under the influence of alcohol, resulting in 25 arrests.
The highest breath alcohol reading was recorded in Somerset West at 1.02mg/1 000ml.
Approximately 1 284 speeding offences were recorded and a total of 436 fines were issued.
The highest speed was recorded in Kraaifontein with the driver recorded at 174 km/h in a 120 km/h zone.
On Saturday, the roadblocks also led to two arrests for the possession of tik by the Mosselbay SAPS and another arrest for the possession of ecstasy by the Vredenburg SAPS.
Sadly, this weekend was also marred by five fatalities.
On Friday, a pedestrian lost her life in a hit-and-run incident on the R62 near Barrydale. On Saturday night, two men, a woman and a pedestrian (male) lost their lives due to a head-on collision on route TR55 near Graafwater.
The prevention of road accidents is the joint responsibility of all road users and I am appealing to members of the public, heavy vehicle operators, motorcyclists and pedestrians to strictly adhere to the road safety norms.
Traffic violations can be reported to the 24-hour control room on 021 931 1646 and I urge road users to do so.
<fn>GOV-ZA.22460En.2012-02-10.en.txt</fn>
Justice and Constitutional Development, Department of..
Constitution ofthe Republic of South &ca Second Amendment Bill, 2001, in the National Assembly. The Bills are hereby published for public comment in accordance with section 74(5)(a) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996). Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister for Justice and Constitutional Development.
X 81, Pretoria 0001, by not later than 10 August 200 1.
Words in bold type in square indicate omissions from existing enactments Words underlinedwith a solidline indicate insertions in existing enactments.
to allow a municipal council to bind the municipality in the exerciseof its executive and legislative authority if this is necessary to secure loans or investments for the municipality; to enable the enactment the exercise of executive and of national legislation to provide for legislative authority on behalf of a municipality in certain circumstances;tomake provision for the head of the Constitutional Court to be the Chief Justice of South Africa; to make provision for the Ofices of the of Deputy Chief Justice, President SupremeCourt of Appeal and Deputy President Supreme of Appeal; to enable the Legislature of the Court to regulate the termof office and retirement ageof Constitutional Court judgesby means of an Act of Parliament; and to provide for matters connected therewith.
Amendment of section 51 of Act 108 of 1996 1.
Justice, but not more than 14 days after the election result has been declared.
Assembly may determine the time and duration ofits othersittings and its recess periods. 'I.
Amendment of section 52 of Act 108 of 1996 2.
"(2) The [President of the Constitutional Court] Chief Justice must preside over the election of a Speaker, or designate another judge to doso. The Speaker presides over the election of a Deputy Speaker.".
Amendment of section 64 of Act 108of 1996 3.
"(4) The [Presidentof the Constitutional Court]Chief Justice must preside over the election ofthe Chairperson, or designate anotherjudge to do so. The Chairperson presides over the election of the Deputy Chairpersons.".
Amend.ment of section 86 of Act 108of 1996 4.
(2) The [President of the Constitutional Court]Chief Justice must preside over the election of the President, or designate another judge to do so. The procedure set out in Part A of Schedule 3 applies to the election of the President.
An election to fill a vacancy in the office of President must be held at a time and 01a date determined by the [President of the Constitutional Court] Chief Justice, but not more than 30 days after the vacancy occurs.
Substitution of section 93of Act 108 of 1996 5.
nomore than two Deputv Ministers from outside the Assembly to assist the members of the Cabinet, and may dismiss them.
I Amendment of section 110 of Act 108 of 1996 6.
"(1) Mer an election, the first sitting of a provincial legislature must take place at a time and on a date determined by a judge designated by the [President of the Constitutional Court] Chief Justice, but not more than 14 days after the election result has been declared. A provincial legislature may determine the time and duration of its other sittings and its recess periods.".
Amendment of section 111 of Act 108 of 1996 7.
"(2) Ajudge designated by the President of the Constitutional Court)Chief Justice must preside over the election of a Speaker. The Speaker presides over the election of a Deputy Speaker.".
Amendment of section 128 of Act 108 of 1996 8.
(2) Ajudge designated by the [President of the Constitutional Court] Chief Justice must preside over the election of the Premier. The procedure set out in Part A of Schedule 3 applies to the election of the Premier.
An election to fill a vacancy in the office ofpremier must be held at a time and on a date determined by the [President of the Constitutional Court] Chief Justice, but not later than 30 days after the vacancy occurs.
Amendment of section 155 of Act 108 of 1996, as amended by section 1 of Act 87 of 1998 9.
to resolve a serious and persistent financial emergency in the municipalitv.
Amendment of section 156 of Act 108 of 1996 10.
"(6) The council of a municipalitv mav. within a framework prescribed bv national legislation, bind itself and a fbture, council in the exercise of its executive and lemslative authority if this is necessary to secure loansor investments for the municipalitv.".
Amendment of section 167 of Act 108 of 1996 11.
I(1) The Constitutional Court consists of [a President, a Deputy President] the Chief Justice of South Africa. the Deputv Chief Justice and nine other judges.
Amendment of section 168 of Act 108 of 1996 12.
(1) The Supreme Court of Appeal consists of a [Chief Justice, a Deputy Chief Justice] President. a Deputy President and the number of judges of appeal determined [by] in terms of an Act of Parliament.
A matter before the SupremeCourtof Appeal must be decided by the number ofjudges determined [by] in terms of an Act of Parliament.
Amendment of section 174 of Act 108 of 1996 13.
Chief Justice and the Deputv Chief Justice and, after consulting the Judicial Service Commission, appoints the [Chief Justice and Deputy Chief Justice] President and Deputy President of the Supreme Court of Appeal.
The Judicial Service Commission must supplement the list with hrther nominees and the President must. make the remaining appointments from the supplemented list.
Amendment of section 175 of Act 108 of 1996 14.
I(1) The President may appoint a woman or a man to be an acting judge of the Constitutional Court if there is a vacancy or if a judge is absent. The appointment must be made on therecommendation of theCabinet member responsible for the administration ofjustice acting with the concurrence ofthe [Presidentof the Constitutional Court and the] Chief Justice.
Substitution of section 176 of Act 108 of 1996 15.
A Constitutional. Courtjudge is appointed for a non-renewable term of 12 years, but must retireat the ageof 70.
Other judges Judges hold office: until they are discharged from active service in terms of an Act of Parliament.
~31o The salaries, allowances and benefits of judges may not be reduced.'I.
Amendment of section 178 of Act 108 of 1996, as amended by section 2 of Act 65 of 1998 16.
by the substitution for paragraph (k) of subsection (1) of the following paragraph: "(k) when considering matters [specifically] relating to a [provincial orlocal division of the] specific High Court, the Judge President of that division and the Premier of the province concerned, or an alternate designated by each of them."
by the substitution for subsection (7) of the following subsection: "(7) If the Chief Justice or the [President of the Constitutional Court] President of the Supreme Court of Appeal is temporarily unable to serve on the Commission, the Deputy Chief Justice or the Deputy President of the [Constitutional Court] Supreme Court of Appeal, as the case may be, acts as his or her alternate on the Commission.".
Amendment of section 239 of Act 108 of 1996 17. The following definition is hereby inserted in section 239 of the Constitution: " 'ChiefJustice' means the Chief Justice of South Afi-ica referred to in section 167(1);".
Substitution of Schedule 2 to Act108 of 1996, as amended by section 2 of Act 35of 1997 18.
The President or Acting President, before the [President of the Constitutional Court] Chief Justice, or another judge designated by the [President of the Constitutional Court] Chief Justice, must swear/af€irm as follows: In the presence of everyone assembled here, and in full realisation of the high calling I assume as President/Acting President of the Republic of South ffica, I, A.B.
promote all that will advance the Republic, and oppose all that may harm it;.
In the presence of everyone assembled here, and in full realisation of the high i calling I assume as Deputy President of the Republic of South Afiica, I, A.B.
Republic; and I solemnly and sincerely promise that I will always-. promote all that will advancetheRepublic, and oppose all that may harm it; !
dojustice to all; and devote myself to the well-being of the Republic and all of its people.
Each Minister and Deputy Minister, before the [President of the Constitutional Court] Chief Justice or another judge designated by the [President of the Constitutional Court] Chief Justice, must sweadaffinn as follows: I, A.B., swear/soiemnly affirmthat I will be faithhl to the Republic of South &ca and will obey, respect and uphold the Constitution and all other law of the i !
Republic; and I undertake to hold my office as MinisterDeputy Minister with i i honour and dignity; to be a true and faithfkl counsellor; not to divulge directly or indirectly any secret matter entrusted to me; and to perform the fbnctions of my office conscientiously and to the best of my ability.
Members of the National Assembly, permanent delegates to the National Council of Provinces and members of provincial legislatures, before the [President of the Constitutional Court] Chief Justice orajudge designated by the president of the Constitutional Court]ChiefJustice, must swear or affirmas fotlows: I, A.B., swear/solemnly affirm that I will be faitfil to the Republic of South Afiica and will obey, respect and uphold the Constitution and all other law of theRepublic;and I solemnly promise to perform my functions as amember ofthe National Assembly/ permanent delegate totheNationa1 Council of Provinces/member of the legislature of the province of C.D.to the best of my ability.
Persons filling a vacancy in the National Assembly, a permanent delegation to the National Council of Provinces a or provincial legislature may swear or affirm in terms of subitem (1) before the presiding officer of the Assembly, Council or legislature,. as the casemay be.
I, A.B., swear/solemnly affirm that I will be faithfbl to the Republic of South Africa and will obey, respect and uphold the Constitution and all other law of the Republic; and I undertake to hold my office as PremiedActing Premier/ member of the Executive Council of the province of C.D. with honour and dignity; to be a true and faithfbl counsellor; not to divulge directly or indirectly any secret matter entrusted to me; and to perform the functions of my office conscientiously and to the best of my ability. (In the case of an oath: So help me God.
Each judge or acting judge, before the Chief Justice [of the Supreme Court of Appeal] or another judge designated by the Chief Justice, must swear or affirm as follows: I, AB., sweadsolemnly affirm that, as aJudgeofthe Constitutional CoudSupreme Court of AppeaVHigh Court/ E.F. Court, I will be faithfkl to the Republic of South Africa, will upholdand protect the Constitution and the human rights entrenched in it, and will administer justice to all persons alike without fear, favour or prejudice, in accordance with the Constitution and the law.
A person appointed to the office of Chief Justice [of the Supreme Court of Appeal] who is not already a judge at the time of that appointment must swearor affirm before the President of the[Constitutional Court] Republic of South Africa.
Judicialofficers, and acting judicial officers, other than judges, must swear/affirm in terms of national legislation.
Amendment of Schedule 3 to Act 108 of 1996, as amended by section 2 of Act 3 of 1999 19.
(d)the mannerinwhich voting is to be conducted.
(2)These rules must bemadeknownin the way that the [President of the Constitutional Court] Chief Justice determines.
Amendment of Schedule 6 to Act 108of 1996, as amended by section 3 of Act 35 of 1997 and section 5 of Act 65 of 1998 20.
(7) @ Anvone holding office; when the Constitution of the Republic of South Afiica Amendment Act, 2001.
the Deputv President of the Constitutional Court.
the Chief Justice.
the Deputv Chief Justice. becomes the Deputy President of the Supreme Court of Appeal as Contemplated in section 168(1)of the new Constitution.
All rules. regulations or directions made by the President of the Constitutional Court or the Chief Justice in force immediately before the commencement of the Constitution of theRepublic of South Africa Amendment Act. 2001.
(cJ Unlessinconsistentwith the context or clearly inapprouriate. a reference in anylaw or process to the Chief Justice or to the President of the Constitutional Court. must be construed as a reference to the ChiefJustice as contemplated in section 167(1) of the new Constitution.
The Bill amends the Constitution of the Republic of South Afnca, 1996 (Act No.
(the Constitution), in respect of the following three areas: The judiciary. The appointment of Deputy Ministers. Local governments.
Firstly, provision is made for the office of the President of the Constitutional Court to become that of the Chief Justice of South Afiica. (Clause 11.
& "Chief Justice" (of the Supreme Court of Appeal) to "President of the Supreme t "Deputy Chief Justice" to "Deputy President of the Supreme Court of Appeal".
Secondly, section 176of the Constitution is substituted in order to enable the Legislature to regulate the term of office and retirement age of Constitutional Court judges by means of an Act ofparliament. At present section 176provides that Constitutional Court judges hold office for anon-renewable term of 12years, and must retire at the age of 70, whereas other judges hold office until they are discharged fiom active service in terms of an Act of Parliament. (Clause 15.
In terms of section 91(3) of the Constitution, the President may select any number of Ministers fiom among the members of the National Assembly, and may select no more than two Ministers fiom outside the Assembly.
The effect of the requirement in section 93 that Deputy Ministers must be appointed from among the members of the National Assembly, is that, if the President appoints a Deputy Minister from a party that has very few members of Parliament, that party's effective participation in the ordinary business of Parliament mightbe compromised severely.
Clause 5 of the Bill is consequently aimed at bringing section 93 into line with section 91(3), by m&ng provision for the appointment of not more than two Deputy Ministers fiom outside the National Assembly.
The objectof clause 9 is to help municipalities to continue fbnctioning whilst experiencing serious problems, asthey restructure to resolvesuch problems. The Bill enables Parliament to enact legislation to allow for the exercise of executive and legislative authority on behalf of a municipality in circumstances where the council of a municipality for any reason cannot function or when this becomes vital to resolve a financial emergency in a municipality.
The objectof clause 10 is to empower iocal governments to borrow long-term hds. It seeks to empower municipalities to bind themselves in hture in the exercise of their executive and legislativepowers in order to borrow hnds for capital at a cheaper rate and over a longer term.
Both amendments giveeffect to the published "Policy Framework for Municipal Borrowing and Financial Emergencies" and the Municipal Finance Management Bill, both endorsed by Cabinet and published on 28 July 2000 in Government Gazette No. 21423, Notice 2738 of 2000.
The first part of the amendment to section 155 is self evident and relates to situations where a municipal council is unable to function and hence to provide governance in the municipality. The inability to govern may be due to various reasons, such as mass resignations in the council, the removal of councillors for misconduct, the dissolution of a council following an intervention in terms of section 100 or 139, etc. In such a case national legislation should provide caretaker arrangements for the governance of the municipality until a by-election can be held andallow, for instance, the appointment of an administrator.
The second part of the amendment to section 155is necessary to provide a missing piece in the Government's overall strategy for dealing with municipal financial problems. The published draft Municipal Financeand Management Bill contains comprehensive mechanisms, processes and procedures for municipal monitoring, reporting and auditing, including provisions to address financial problemsin municipalities and the restructuring of municipal finances where necessary. There is uncertainty as to whether the proposed financial restructuring provisions are constitutional where these provisions provide for the exercise of municipal executive and legislative authority on behalf of the municipality. The "Policy Framework for Municipal Borrowing and Financial Emergencies" envisions the creation of a Municipal Finance Emergency Authority, which could direct the financial structuring of a municipality when there is no alternative.
Financial emergencies can arise fiom many causes, sometimes including circumstances beyond the control of the council then in office. The restructuring process envisioned in the Policy Framework could be invoked by the municipality itself, if it seeks relief fiom unmanageable debt, by an MEC or Minister if necessary to supplement a national or provincial intervention in terms of section 100 or 139, or by a party to a contract if the municipality is in default of its contractual obligations. The underlying purpose of the policies outlinedin the Poiicy Framework is to restore themunicipality to financial health as soon aspossible. Safeguards will be included to ensure that all stakeholders have input into the formulation of a recovery plan and that essential services are continued during the restructuring process.
The amendment to section 156 aIlows a municipal council to bind the municipality as to how it will exercise its future discretion, ifthat is necessary, to make credit more available or affordable. In order to ensure a proper exercise of the powersgranted to municipalities through this amendment, the clause states explicitly that these powers May only be exercised within a framework prescribed by national legislation.
(h)Theproposed amendments to sections 155 and 156 together lay the foundation for national legislation to implement the Policy Framework for Municipal Borrowing and Financial Emergencies referred to above.
Words in bold in square brackets indicate omissions from existing enactments.
Amendment of section 73 of Act 108 of 1996 1.
regulates rates on propertv in terms of section 229 (2) (b).
"(3) A Bill referred to in section 76 (3), except a money Bill1 a Bill referred to in subsection (2) (a) or (b) of this section, may be introduced in the National Council of Provinces.".
Amendment of section 76 of Act 108 of 1996 2.
"(b) envisagedin Chapter 13 andwhich [affects] contains a Drovision affecting the financial interests of the provincial sphere of government. ".
Substitution of section 77 of Act 108 of 1996 3.
J abolishesor reduces. or grants exemptions from. any national taxes, levies.
authorises direct charges against the National Revenue Fund, except a Bill envisaged in section 214 authorisinn direct charges.
A moneyBillmaynotdeal with any other matter except a subordinate matter incidental to the appropriation of money, lor the imposition, abolition or reduction of, orthe granting of exemptions from, taxes, levies or duties or the authorisation of direct charges.
[(2)](3 All money Bills must be considered in accordance with the procedure established by section 75. An Act of Parliament must provide for a procedure to amend money Bills before Parliament.
Substitution of section 100 of Act 108 of 1996 4.
[(iv)] (v) prevent that province or municiDa1it-y from taking unreasonable action that is prejudicial to the interestsof another province or municioality or the country as a whole.
If the national executive intervenes in a province or municipality in terms of subsection (1) (b) -notice of the intervention must be [tabled in] submitted to the National Council of Provinces within 14 days [of its first sitting] after the intervention began; the intervention must end [unless it is approved by]if the Council [within 30 days of its first sitting after the intervention began] bv resolution requests the national executive to stop the intervention; and the Council [must] may review the intervention regularly and make any appropriate recommendations to the national executive.
National legislation -may regulate the process established by this section; and must co-ordinate the process established bv this section with the process established by section 139.
Substitution of section 120 of Ac+108 of 1996 5.
@J abolishes or reduces. or grants exemptions from. anv provincial taxes.
A moneyBillmay not deal with any other matterexcepta subordinate matter incidental to the appropriation of money, [or] the imposition, abolition or reduction of, orthegrantingof exemptions from, taxes, levies or duties or the authorisation of direct charges.
[(2)](3'J A provincialActmust provide for a procedure by which the province's legislature may amend a money Bill.
Substitution of section 139 of Act 108 of 1996 6.
(iii)] (1v) [to] maintaineconomic unity.
bv resolution requests the provincial executive to stou the intervention; and [(d)]@ the Council [must] may review the intervention regularly and make any ap, propriate recommendations to the provincial executive.
National legislation may regulate the prucess established by this section.
Amendment of section 159 of Act 108 of 1996, as amended by section 1 of Act 65 of 1998 7.
"(3) A Municipal Council, other. than a Council that has been dissolved following an intervention in terms of section 100 or 139, remains competent to function from the time it is dissolved or its term expires, until the newly elected Council has been declared elected.".
Amendment of section 163 of Act 108 of 1996 8.
designate representatives to participate in the National Council of Provinces.
Amendment of section 213 of Act 108 of 1996 9.
"(3) [A province's] The equitable share of revenue raised nationally which provinces and local government are entitled in terms of section 214 is a direct charge against the National Revenue Fund.".
Amendment of section 216of Act 108 of 1996 10.
"(2) [The national treasury, with the concurrence of the Cabinet member responsible for national financial matters, may stop the transfer of funds to an organ of state only for serious or persistent material breach of the measures established in terms of subsection (l)]The national treasury must enforce compliance with the measures established in terms of subsection (1). and may stop the transfer of funds to an organ of state if that organ of state commits a serious or Dersistent material breach of those measures."
"(3) A decision to stop the transfer offunds dueto a province in terms of section 214 (1) (b) may be taken only in terms afl the circumstances mentioned in subsection (2) and -".
Amendment of section 217 of Act 108of 1996 11.
"(3) National legislation must prescribe a framework within which the policy referred to in subsection (2) [may] must be implemented.".
Amendment of section 221 of Act 108 of 1996, as amended by section 2of Act 2 of 1999 12.
[nine] two other persons.
"(2) Members of the Commission must have [appropriate] expertise relevant to the fbnctions of the Commission."
Subsection (1) takes effect on 1 April 2002.
Amendment of section 226 of Act 108 of 1996 13.
revenue allocated through a province to local government in that urovince in terms of subsection (3) must be uaid to municipalities in the urovince.
Amendment of section 228 of Act 108 of 1996 14.
"(b) flat-rate surcharges on the tax bases ofJany tax, levy or duty that is imposed by national legislation, other than the tax bases ofl oncorporate income tax, value- added tax, rates on property or customs duties.".
Substitution of section 230 of Act 108 of 1996 15.
must be repaid within [twelve months] the same fiscal year. 2J The power of a province or a municipality to raise loans maybe remIated bv national legislation.
[(2)]& National legislation referred to in subsection [(l)](2)may be enacted oniy afier any recommendations of the Financial and Fiscal Commission have been considered.
This Act is called the Constitution of the Republic of South Afnca Second Amendment Act,2001, and comes into operation on a date fixed by the President by proclamation in the Gazette.
The broad object of the Bill is to address a range of practical diffculties that were encountered in implementing the Constitution, especially the financial regime established by the Constitution. As these difficulties are diverse and mostly unrelated, the object of each proposed amendment contained in the Bill can best be explained under a discussion of the sections that are affected.
Section 73 Section 73 (2) establishes the principle that only a Cabinetmember, a Deputy Minister or a member or committee of the National Assembly may introduce draft legislation in the National Assembly, but that only the Cabinet member responsible for national financial matters, i.e. the Minister of Finance, may introduce a money Bill in the Assembly.
deals with the remuneration of persons ho1din.
regulates rates on property in terms of section 229 (2) (b).
The effect of this amendment is that only the Minister of Finance would be constitutionally competent to introduce in the Assembly money Bills and generally most other financial legislation which gives effect to Chapter 13. The financial legislation that would be affected by the amendment relates exclusively to typical financial matters that impact on macro-economic policy and the financial administration of the state. Normally this legislation would fall within the line fhction of the National Treasury, and the aim of the amendment, therefore, is to ensure that the National Treasury assesses such draft legislation and the impact it may have on macro-economic policy and the financial administration of the state before such legislation is introduced.
The proposed amendment of this section is aimed at avoiding the splitting of draft financial legislation into section 75 and 76 Bills where some provisions of the legislation affect the provinces and others do not. It is accordingly proposed that a Bill envisaged in Chapter 13 of the Constitution in fbture be dealt with in the parliamentary proceedings in terms of section 76 (1) if it contains a provision affecting the financial interests of the provincial sphere of government; in other words in terms of the procedure which requires the Bill to be passed by the National Council ofProvinces as well. This amendment would not affect the parliamentary proceedings on money Bills which in terms of sections 77 (2) and 76 (6) of the Constitution must be dealt with in accordance with the section 75 procedure.
Section 77 This section defines a money Bill. The proposed amendment extends this definition to include Bills abolishing or reducing, or granting exemptions from, any national taxes, levies, duties or surcharges, or authorising direct charges against a Revenue Fund. Read with section 73, the implication of this proposed amendment is that only the Minister of Finance would be competent to introduce legislation which abolishes or reduces, or grants exemptions from, any national taxes, levies, duties or surcharges or which authorises the withdrawal of money from the National Revenue Fund as direct charges against the Fund.
Sections 100 and 139 Section 100of the Constitution empowers the national executive to intervene in a province if the province fails to fulfil an executive obligation imposed on the province in terms of legislation or the Constitution. If the national executive intervenes in terms of this section, it may either direct the province to take steps to meet its obligations or otherwise assume responsibility for the relevant obligation ifthat is necessary to maintain national standards, to meet established minimum standards for the rendering of a service, to maintain economic unity, to maintain national security or to prevent unreasonable action from the province. A similar provision is found in section 139 which provides for a province to intervene in a municipality if the municipality fails to fulfil an executive obligation imposed in terms of legislation. The Constitution does not provide for the national executive to intervene in a municipality directly. Such interventions are restricted to a province as the Constitution currently reads.
This regime created by sections 100 and 139 in terms of which the national government may intervene in a defaulting province and only a province may intervene in a defaulting municipality, is out of line with the other provisions of the Constitution which depicts government as three distinctive, inter-dependent and inter-related spheres. To the extent then that the constitutional relationships between the three spheres are generally direct and not hierarchical, sections 100and 139 must be seen as a constitutional anomali that should be corrected by extending the power to intervene in municipahties to the national government as well.
Another reason why these sections should be corrected is the fact that provinces have very little capacity in some functional areas, such as water and electricity supply systems. If a municipality defaults on its obligations in this regard, there is very little a province can do by way of an intervention apart from facilitating national institutions to assume the responsibility.
The Bill consequently proposes amendments to both sections. It is suggested that section 100 be amended to give the national executive the same power to intervene in a non-complying municipality as section 139 confers on provinces. The section 139 power of a province to intervene will not be affected by the amendment, but will remain and becomea concurrent power. As such there would appear to be a need for coordination of the processes established by the two sections. It is proposed that such coordination be provided by national legislation, and a provision to this effect is accordingly inserted in section 100 (3).
The adjective "executive" before the word "obligation" is deleted as the Constitution and certain legislation such as the Local Government: Municipal Systems Act, 2000, place certain obligations of a legislative nature on municipalities, e.g. the annual passing of a budget. Legislative obligations of provinces are specifically excluded as the national executive cannot pass provincial laws by way of an intervention.
100(l)(b)(i) separate subparagraphs to maintenance of essential national standards fiom the words "for the rendering of a service". These words should apply to the second part of the sentence only, viz. to established minimum standards. See in this connection section 44(2) (c) and (d) where the distinction is properly drawn. . Section 100(2)(b) is changed to give the National Council of Provinces a direct veto over national interventions instead of the current process requiring the Council's approval within 30 days as a precondition for the survival of the intervention.
The current burden on the NCOP in terms of section 100(2) (c) to review the intervention regularly and to make appropriate recommendations to the national executive, is removed and replaced by a discretionary power. This means that the NCOP may review an intervention at any time and make recommendations if it so chooses.
The proposed amendments to section 139 are confined to technical changes similar to those suggested for section 100. (See bullets above.
This section defines the provincial equivalent of a money Bill. The definition of provincial money Bills is amended along similar linesas proposed for national money Bills and includes Bills which abolish or reduce, or grant exemptions from, any provincial taxes, levies, duties or surcharges, or which authorise direct charges against the Provincial Revenue Funds. As section 119 currently states that only the member of the Executive Council responsible for financial matters in the province may introduce a money Bill in the provincial legislature, the effect of the amendment is that only the MEC for finance in a province is competent to introduce legislation abolishing or reducing, or granting exemptions from, any provincial taxes, levies, duties or surcharges, or authorising the withdrawal of money from a Provincial Revenue Fund as direct charges against the Fund. This amendment is necessary to ensure integration and coherence, and also financial discipline, in the provincial budget process.
This is consequential to the amendment of section 100, which extends the national intervention power to municipalities. Subsection (3) of section 159 refers to a municipal council which has been dissolved following an intervention in terms of a provincial intervention under section 139. This amendment adds a reference to section 100 as a dissolution of a municipal council will also be possible in terms of an intervention under section 100.
It is proposed that this section be amended to delete the current obligation on Parliament to provide in an Act of Parliament for the determination of a procedure in terms of which local government may nominate persons for appointment to the Financial and Fiscal Commission. This amendment is consequential to the proposed amendment of section 221 concerning the composition of the Commission.
Section 213 In terms of section 213 money can be withdrawn from the National Revenue Fund either in terms of an appropriation by an Act of Parliament or as a direct charge authorised by the Constitution or an Act ofparliament. The section currently provides that provinces' equitable share of revenue raised nationally must be paid to provinces as a direct charge against the Revenue Fund but is silent on how local government's equitable share must be withdrawn from the Fund. The Bill proposes to extend this principle to local government's equitable share.
The proposed change is based on practical considerations and on the current need for two separate Acts of Parliament to authorise the same transfer. Currently the annual Division of Revenue Act contemplated in section 214which, like the budget, is passed annually, mustprovide for the division of revenue raised nationally among the spheres and for additional allocations to provinces and 'municipalitiesfkom the national share. The Division of Revenue Act is not an appropriation Act and its revenue division provisions cannot be understood as authorising the withdrawal of funds fkom the Revenue Fund. This necessitates the inclusion in the budget as ordinary appropriations of those transfers that are not direct charges, such as local government's equitable share and any additional allocations to provinces and municipalities.
The proposed amendments to section 216 are merely technical in nature and clarifi certain ambiguities in the section without affecting the constitutional principles embodied in the section. These principles remain unaltered.
Subsection (2) as presently formulated is particularly ambiguous and on a literal reading has certain consequences that could never have been intended. To facilitate a better understanding of the trueintention and to avoid misinterpretations and misunderstandings between affected parties, it is proposed that the whole subsection be redrafted as proposed in the Bill. The redraft firstly avoids the words in the current subsection that the National Treasury may stop the transfer of funds to an organ of state only with the concurrence of the Cabinet member responsible for nationalfinancial matters. These words obscure the content of the "national treasury" and do not recognise the fact that the Cabinet member responsible for national financial matters is the head of the national treasury and in fact the institution in which the power and authority of the national treasury vest. To suggest, as the current formulation implies, that the National Treasury and the Cabinet member responsible for national financial matters are different institutions, is artificial and practically untenable. Secondly, the current formulation implies that the only circumstances in which the stopping of funds to an organ of state is allowed, is when the organ of state commits a serious or persistent material breach of the norms and standards prescribed in terms of section 216 (1). This interpretation obscures the whole practice of transfer payments, but especially the enforcement of theconditions on which conditional grants are given to provinces and municipalities in terms of section 114 (1) (c). Obviously, the idea of a conditional grant is that if the conditions are not met, the grant may be stopped. The question whether a province or a municipality has committed a serious or persistent material breach of the treasury norms and standards should have no bearing on a decision to stop transfers of a conditional grant when conditions are not met, and section 216 (2) should not come into play when transfers are stopped because of non-compliance with the conditions of a grant.
The redraft of section 216 (2) now makes it clear that the stopping of fhds is a mechanism to enforce the treasury norms and standards prescribed in terms of subsection (l), but a mechanism that may be used only where there is a serious or persistent material breach of these norms and standards. It avoids the implication of the current formulation that the only instance where the stopping of fbnds is allowed is when a serious or persistent material breach of the norms and standards has been committed.
For the samereason, the proposed amendment to section 216 (3) brings the section into line with its true intention, and conlines its application to the stopping of a province's equitable share.
217 This section provides that when organs of state and certain other institutions procure goods and services they must do so in accordance with a system that is fair, equitable, transparent, competitive and cost-effective. It hrther allows organs of state and institutions to implement a procurement policy providing preferences for persons disadvantaged by unfair discrimination. The proposed amendment to this section makes it mandatory for organs of state and institutions to implement their preferential procurement policies within a framework set out in national legislation.
The proposed amendment to this section alters the composition of the Financial and Fiscal Commission by reducing the number of members from 22 to 8 persons. Currently each of the provinces is entitled to nominate one person, whilst the President may.appoint nine additional members to balance the nine provincial members. In terms of the amendment the President will appoint two members after consulting the provinces and two additional members. The two local governmentmembers are retained but willin hture be appointed by the President after consultation with organised local government. A previous amendment to the Constitution removed the need for the chairperson and deputy chairperson to be fill-time members of the Commission.
may authorise direct charges against their Revenue Funds; and mustpay revenue allocated through a province to local government in that province to municipalities in the province.
Framework legislation is necessary to achieve proper and uniform budgetary processes in the provinces and also to ensure that direct charges are treated by all provinces as an exceptional form of authorising expenditure. There is alsoa need in the context of section 226 to ensure that the allocation of money to local government through a province is divided among municipalities in the province in akcordance with national government's criteria.
In termsof the existing provision provinces are empowered to impose flat rate surcharges on the "tax bases" of any levy or duty other than the taxbases of corporate income tax, value-added tax, rates on property or customs duty. The reference to "tax bases" is deleted as' these words have no definite meaning in the context they appear in the section.
The proposed amendment deletes the requirement that a province or municipality may raise loans for capital or current expenditure only "in accordance with reasonable conditions determined by national legislation" and replaces it with the same controlling mechanisms that apply in the case of provincial and municipal fiscal powers. See sections 228 (2) and 229 (2).
The State Law Advisers and the Department of Justice and Constitutional Development are of the opinion that the proposed amendmentsfallwithin the ambit of section 74(3)(b) of the Constitution and consequently require the approval of both the National Assemblyand the National Council of Provinces.
<fn>GOV-ZA.22463En.2012-02-10.en.txt</fn>
The Ad Hoc Committee on Powers and Privileges of Parliament(NationalAssembly)intendsintroducing the Powers and Immunities of Parliament Bill, 2001, in the National Assembly in September 2001. Adraft of the said Bill is hereby published in accordance with National Assembly Rule 241, read withRule 239.
To define and declare certain powers and immunities of Parliament, members of the National Assembly and delegates io the National Council of Provinces; and to provide for matters incidental thereto.
Definitions 5 1. In this Act.
'Chairperson'means the Chairpersonof the National Councilof Provinces and, in the absence or incapacity of the Chairperson.
'journals' means any recording of the proceedings of Parliament or a committee, 15 including minutes.
a member of the National Assembly.
ic a special delegate to the Council, while acting as a special delegate.
Secretary 25 incapacity of the Speaker.
Council of Provinces under sectionsS7 and 70 of the Constitution. respectively.
'the Constitution' means the Constitution of the Republic of South Africa, 1996.
For the purposes of this Act, the precincts of Parliament is the areaof land and 35 any buildingor part of a building under Parliament's control, or provided or used for the purposes of Parliament.
The Chairperson and the Speaker. subjectto the standing rules and any directions of the Houses, have the control and management of the precincts of Parliament.
1.(I) Subject to sections 45(3_),58(I) and 7 I(I) of the Constitution there is freedom of speech and proceedings in Parliament and committees, and that freedom may not be challenged or questioned in any court or place outside Parliament.
Subjecttosection 71(1) oftheConstitution, subsection (1) does not apply to persons who are not Cabinet members or members.
Chairperson and persons presiding at meetings of Parliament or committees, as the case may be, in terms of the standing rules.
IRlMUNITIES.
Immunities anything that they lia\'e said in. produced before or submitted to Parliament or 3 committee. including any petition, bill. 1-eport.
improperly interfere with the free exercise by Parliament or a committee of its authority.
threaten. obstruct or insult a member proceeding to or going from a meeting of Parliament or a committee: or assault.threatenorinsult a member, c'r deprive a member of any benefit. on account of the conduct committee.
A person ma\' not. by fraud. intimidation.
influencemember in his or her as a member. 25 a conduct induce a member to be absent from Parliament or a committee: or attempt to compel a member to declarehimself or herself in favour of or against any proposition or matter pending or expected to be brought before Parliament or a committee.
ma).
ask for.
Subject to the Constitution. Pa.rliament has all the powers which are necessary for enquiring into and pronouncing upon any act. matter or thing declared in this Chapter to be contempt of Pal-liament b!. a member. and taking the disciplinary action provided therefore.
(3)All fines under subsection (I)(c) which arc paid or recovered must be paid into Parliament's bank account.
precincts of Parliament.
make useof travel or any other facilities provided to membersby Pa1-1'lament.
(5)The suspensionofa member under subsection (l)(c) does not affect that member's remuneration as a member in terms of the Remuneration of Public Office Bearers Act, I998 (Act No. 20 of 1998).
(6)Subject to the Constitution. a House does not have the power to expel a member from membership of the House.
Withoutlimitingthegenerality of subsection (I), a member is regarded to be creating a disturbance if he or she refuses to comply with a standing rule, an order or a resolution of Parliament ora ruling of the person presiding at a meeting of Parliament or a committee, despite an order by that person to comply therewith.
commitsanyactwhich is intended to bringParliament in contempt or to impede the functioning of Parliament or a committee; or contravenesaninstruction by adulyauthorised staff memberregardingthe presence of persons at a particular meetingor regarding the possessionof any article. including a firearm, in the precincts of Parliament or any part thereof.
commits an offence and is liable to a fine or to imprisonment fora period not exceeding two years or to both the fine and the imprihonment.
(2)A perxnn who contra\'enes subsection (1) commits an offence andis liable to a fine 01-to imprison men^ for; I period not exceeding six months.
Members of the security services, including the police, may enter uponor remain in or perform any function in the precincts of Parliament only with the permission and under the authority of the Speaker or the Chairperson.
When a memberof the National Assemblyor a permanent delegate to the National Council of Provinces has been convicted of an offence and sentenced to more than 12 months' imprisonment without the option of a fine. the court sentencing that person must in writing inform the Speakeror the Chairperson. as the case may be, of the natureof the offence and the sentence imposed.
Such a certificate mag be issued only if the member is required in Parliament on important parliamentary business.
No member or staff member, and no personemployed to take minutes of evidencegivenbeforeParliament or acommittee.maygiveevidenceelsewhere regarding the contents of the minutes 01the evidence given or of any document before Parliamentoracommittee, without first having obtainedtheleave of theHouse concerned.
(2)During a recess or adjournment of Parliament the Speaker or the Chairperson or a person designated by the Speaker or Chairperson may give such leave.
Subject to subsection (3). a membermaynotin or beforeParliament or a comnlittee vote, or take part in the discussion of, any matter in which the member hasa direct financial interest.
(2)A member who contravenes subsection (1) commits an offence and is liable to a fine not exceeding RS000.
any vote or discussion in connection with the remuneration or allowances to be received by members in their capacity as members: or aninterest in amatterwhichamemberhas in common with thepublic generally, or with any category or section of the public.
KO member, and no person who is a spouseor life partner or in the service of a member. and nostaff member, may receive or accept any bribe, fee. compensation, gift or reward for or in respect of the promotion or opposition to anything, including a bill, resolution. report. matter or rule, submit.ted or proposed or intended to be submitted to or brought before Parliament or a committee for consideration.
A person who contravenes subsection(1) commits an offence and is liable tofinea not exceeding R5 000 and. in addition. to repayment or forfeiture of the amount or the value of the bribe, fee, compensation, gift or reward concerned.
contravenes section 6 or 7(1): or (bj hinders or obstructs a staff member in the execution of his or her duty or while proceeding to or going from Parliamentin the course of or in connection with duties, the st:lff official member's commits an offence and is liable to a fine or to imprisonment for a period not exceeding 12 months or to both the fine and the imprisonment.
Parliament or any committee may request or summon any person to appear before it to give evidence or to produce any document in his or her possession or custody or under his or her control.
A summons in terms of section 20 mustbeissuedbytheSecretaryonthe instructions of theSpeaker or theChairpersonorthechairperson of the committee concerned.
a descriptionof the document, if any, which that person is required to produce.
The summons must be served on the person mentioned therein by delivering a surnmons-copy of the at that person's usual or last !mown piace of residence or of employment or business, toapersonapparentlyovertheage of 18 yearsandapparently residing or employed there.
A person summonsed in terms of this section, other than a person in the full-time employment of the state or an organ of the state, is entitled to be paid an amount for his orherexpensesasapprovedbytheSpeakerorChairpersoninaccordancewiththe standing rules.
(hi examineanypersonrzferredto in paragraph (u) orrequire thatperson to produce any document in that person's possession or custody or under his or her control uhich ma); have a bearing on the subject of the enquiry.
Except in the case of perjury or any offence under section 25. a witness who is in possession of a certificate referred to in subsection (2) is not liable to any civil or criminal proceedings. arrest, imprisonmentor damages by reason of anything relevantto the subject of the enquiry concerned, revealed or said by the witness in the course of giving evidence before Parliamentor a committee.
If a witness has answered fully and satisfactorily all questions put to himor her by Parliament or a committee, the witness is. at his or her request. entitled to receive a certificate signed b!, the person presiding at the enquiry. stating that the witness did so answer all questions.
to produce any document in his or her possession or custody or under his or her control which heor she has been required to produce under section commits an offence andis liable to a fine orto imprisonment for a period not exceeding 12 monthsbothor to imprisonment.
threatens. obstructs or in any way undu1.
with intent to deceive Parliament or a committee, produces to Parliament or thecommitteeanyfalse.untrue.fabricated or falsifieddocument; or statement before it. which is false or misleading. commits an offence and is liable to a fine or to imprisonment for a period not exceeding two years or both the fine and imprisonment.
No person is liable to civil or criminal proceedings, arrest.
publication aj any report, paper or minutes of Parliament or a committee by order or under the authority of Parliament or a committee; or any extract from or abstract of any report, paper or minutes of Parliament or a committee if such extractor abstract was published in good faith and without malice.
No member or staff member is liabletocivil or criminalproceedings.arrest. imprisonment or damages in respect of the publication to a member ofa document that has been submitted to or is before Parliament or a committee.
authority of Parliament. a committee, the Speakeror the Chairperson, while it publishedsuchnothas or been under authorisation; cj any document purporting that such documentis an account of proceedings of Parliament or a committee, while it is not such an account.
(2)A person who contravenes subsection(1) commits an offence and is liable to a fine or to imprisonment for a period not exceeding three years.
In any proceedings before a court or any other tribunal in which the proceedings of Parliament are relevant, a copy of the journals printed or purporting to have been printed by order of Parliament or the Speakeror Chairperson, is admissibleas evidence of the journals without any proof being given that the copy was so printed.
The control of the expenditure and the appropriation of moneys for the services of Parliament is vested in the Speaker and the Chairperson, and their authorisation for such expenditure and appropriation of moneys is, subject to the Public Finance Management Act. 1999 (Act No. 1 of 1999),in all respects good, valid and effectual.
Subject to thestandingrules.
(3)For the purposes of performing an act referred to in subsection (l), the Speaker, Chairperson or committee has the powers with which Puliament is vested itl terms of this Act for the performance of that act.
No person is liable in damages or otherwise for any act done in good faith in terms of this Act, or under the authority of Parliament or a committee and within the legal powers of Parliament ora committee or under any warrantor summons issued by \. irtue of those powers.
The la~,smentioned in the Schedule are repealed to the extent specified in the third column.
This Act is called the Powers and Immunities of Parliament Act. 2001.
Act No. 33 of 1974 -Act No.
<fn>GOV-ZA.224693En.2012-02-10.en.txt</fn>
Requirements - Minimum Educational Qualification: An appropriate qualification that allows registration with the Health Professional Council of South Africa (HPCSA) in the relevant profession.
Registration with Professional Council: Registration with the HPCSA as Clinical Technologist in Cardiology.
Grade 1: None after registration with the HPCSA in the relevant profession (where applicable) in respect of RSA qualified employees who performed Community Service, as required in South Africa.
One year relevant experience after registration with the HPCSA in the relevant profession (where applicable) in respect of foreign qualified employees, of whom it is not required to perform Community Service, as required in South Africa.
Grade 2: Minimum of ten years' relevant experience after registration with the HPCSA in the relevant profession (where applicable) in respect of RSA qualified employees who performed Community Service, as required in South Africa.
Minimum of 11 years' relevant experience after registration with the HPCSA in the relevant profession (where applicable) in respect of foreign qualified employees, of whom it is not required to perform Community Service, as required in South Africa.
Grade 3: Minimum of 20 years' relevant experience after registration with the HPCSA in the relevant profession (where applicable) in respect of RSA qualified employees who performed Community Service, as required in South Africa.
Minimum of 21 years' relevant experience after registration with the HPCSA in the relevant profession (where applicable) in respect of foreign qualified employees, of whom it is not required to perform Community Service, as required in South Africa.
Competence in performing required tasks in all the specified areas of cardiac technology.
Delivery of 24-hour standby service (required to work after hours, during weekends and public holidays).
Perform high quality and efficient cardiology service by providing specialised clinical technology support in all areas of non-invasive and invasive cardiology, in adults and paediatrics.
Required to work in the various specialised areas in the unit on a rotational basis (Cardiac catheterisation laboratory, pacemaker clinic, echocardiography laboratory, holter analysis).
Duties include: administration, training and supervision of student technologists, research outputs.
<fn>GOV-ZA.224697En.2012-02-10.en.txt</fn>
Experience: Appropriate recognisable experience in Human Resource Development will be an added advantage.
Ability to communicate in two of the three official languages of the Western Cape.
Typing, provision of secretariat support to the Human Resource Development Component, filing and office management.
Administer facilities, equipment and stationery.
Assist with the needs analysis, coordination of training and information sessions and sourcing of service providers.
Assist the Administrative Officer with the implementation, administration and evaluation of learnership and ABET/AFET.
Coordinate Public Training Institute courses and Public Service Induction.
Coordinate in-house computer training and induction programme.
<fn>GOV-ZA.224704En.2012-02-10.en.txt</fn>
Requirements - Minimum Requirement: Basic literacy, reading and writing skills.
Experience: Practical experience in stores.
Competencies (Knowledge/Skills): Ability to speak two of the three official languages of the Western Cape.
Timeous delivery of stock to wards, departments, theatres and clinics in a cost effective and safe manner.
Assist clerks with the receipt, storage and issuing of stock.
Willingness to assist with stock-taking.
Clean stores on a regular basis.
Maintaining the audit trail of deliveries.
Picking up of heavy boxes or bags.
<fn>GOV-ZA.224720En.2012-02-10.en.txt</fn>
A Basic R425 qualification (ie diploma/degree in nursing) or equivalent that allows registration with the South African Nursing Council (SANC) as a Professional Nurse.
A post-basic qualification, with a duration of one-year accredited with the SANC in Advanced Midwifery and Neonatal Nursing Science.
Registration with a Professional Council: Current registration with the SANC as Professional Nurse.
A minimum of ten years' appropriate/recognisable experience in nursing after registration as Professional Nurse with the SANC in General Nursing.
At least six years' of the period referred to above must be appropriate/recognisable experience in the Advanced Midwifery and Neonatal Nursing Science after obtaining the one-year post basic qualification in Advanced Midwifery and Neonatal Nursing Science.
At least three years of the period referred to above must be appropriate/recognisable experience at nurse management level.
Excellent verbal and written communication skills in at least two of the three official languages of the Western Cape.
In depth understanding of nursing legislation and related legal and ethical nursing practices and how this impacts on service delivery.
Ensure clinical nursing practice by the nursing team is in accordance with the scope of practice and nursing standards as determined by the Institution.
Promote quality of nursing care.
Demonstrate a basic understanding of HR and financial policies and practices.
The appointed candidate will be responsible for the co-ordination and rendering of optimal, holistic and quality Perinatal and Neonatal Health care within standards and a professional/legal framework.
Manage the utilisation and supervision of all resources effectively.
Coordinate the provision of training and research effectively.
Provision of effective support to nursing services and hospital management.
Maintain professional growth/ethical standards and self-development.
Note: This post was also advertised in the Sunday Times, Rapport, City Press and on Career Junction.
R338 010 (PN-B4) per annum.
<fn>GOV-ZA.224729En.2012-02-10.en.txt</fn>
A post-basic qualification, with a duration of one-year accredited with the SANC in Psychiatric Nursing (Advanced Psychiatric Nursing).
Registration with a Professional Council: Registration with the SANC as Professional Nurse.
At least six years of the period referred to above must be appropriate/recognisable experience in Psychiatric Nursing after obtaining the one-year post basic qualification in Psychiatric Nursing.
Must work day duty for planned periods and shifts including weekends and public holidays, depending on the operational requirements.
When on day duty, will be expected to relieve the head of nursing and in exceptional circumstances, the operational manager in line with operational requirements.
A valid driver's licence.
Ability to communicate in at least two of the three official languages of the Western Cape.
Knowledge of legal framework governing the nursing profession, with regard to acts, regulations and directives impacting on the functioning of the nursing service.
Management, basic financial-management, strong leadership and time management skills.
Coordinate all activities on night duty and communicate with the relevant supervisors and stakeholders.
Gathering of patient-related statistical information.
Effective management of the hospital on night duty.
Management and monitoring the effective utilisation of human, financial and physical resources.
Assurance of quality nursing care throughout the hospital.
Provision of on-going support to the nursing service.
Participation in the analysis, formulation and implementation of nursing guidelines, practices, standards and procedures.
Supervision of the implementation of effective processes and practices with regards to all statistical information needed to render a quality mental health service.
Liaising with relevant stakeholders on night shift - referring hospitals, family members, security service, SAPS, etc.
Note: This post was also advertised in the Sunday Times, Rapport, City Press and on Career Junction as well as Gumtree.
<fn>GOV-ZA.224754En.2012-02-10.en.txt</fn>
Requirements - Minimum Educational Qualification: A Bachelor's degree or equivalent tertiary qualification and/or Matric with five years appropriate experience.
Experience and knowledge of Health Information Systems, eg Sinjani, Etr, Delta 9, PHCIS.
Appropriate health information management experience.
A valid Code B/EB driver's licence.
Willingness to travel.
Working knowledge of current computer software systems utilised by the Department of Health.
Knowledge with regard to hospital and primary healthcare operational and management data.
Advanced computer literacy (MS Word, Excel, PowerPoint).
Good written and communication skills in at least two of the three official languages of the Western Cape.
Evaluate and optimise the information management function and processes.
Manage the implementation of information processes.
Ensure the integrity and quality of provincial health data.
Maintain adherence to provincial and national health information policy and data quality standards.
Support management by ensuring the availability of management information.
Operational planning for the unit.
Supervise and develop information management staff.
Note: This post was also advertised in the Cape Argus, Die Burger and Ons Kontrei.
R206 982 per annum.
<fn>GOV-ZA.224844En.2012-02-10.en.txt</fn>
Remuneration: A remuneration package of R959 208 per annum (a portion of the package can be structured according to the individual's personal needs).
Requirements - Minimum Educational Qualification: An appropriate qualification that allows registration with the Health Professions Council of South Africa (HPCSA) as a Medical Specialist in Radiation Oncology.
Registration with a Professional Council: Registration with the HPCSA as a Medical Specialist Radiation Oncologist.
A minimum of three years' appropriate clinical experience as a Medical Specialist in Radiation Oncology preferably at an academic hospital.
Extensive teaching experience.
Wide clinical experience in all fields of Radiation Oncology.
Academic background with research experience.
Comprehensive leadership and administration skill and experience.
To deputise as Head of Clinical division.
To head a clinical firm.
Comprehensive administrative duties.
Joint clinical responsibility for Radiation Oncology at Groote Schuur Hospital.
Coordinate undergraduate and postgraduate teaching.
Build and maintain a team spirit.
<fn>GOV-ZA.224854En.2012-02-10.en.txt</fn>
Inherent Requirements of the Job: Must be able to work on Primary Health Care Information System.
Good communication skills in at least two of the three official languages of the Western Cape.
Good human relationships.
Conflict handling skills.
Computer literate (MS Word, Excel).
Open patient files.
Admission and registration of patients.
Recording admission statistics.
Accurate data capturing on computer.
Sort patient records.
Book outpatient transport.
Note: This post was also advertised in the Hermanus Times.
<fn>GOV-ZA.224866En.2012-02-10.en.txt</fn>
Experience: Knowledge of record keeping procedures.
Computer literacy (MS Office: Word, Excel & PowerPoint).
Conversant in at least two of the three official languages of the Western Cape.
Record keeping, filing and retrieving of folders, tracing of old folders and compiling of new folders, destruction of folders.
Collation of patient statistics and reconciliation with para-medical department records.
Make appointments for patients.
Perform relief duties where required.
Note: This post was also advertised in the Oudtshoorn Courant.
<fn>GOV-ZA.224913En.2012-02-10.en.txt</fn>
Requirements - Minimum Requirement: Ability to read and write.
Experience: Appropriate driving experience.
Willingness to work shifts and overtime, after hours and public holidays on a standby basis.
Good written and verbal communication skills in at least two of the three official languages of the Western Cape.
Safe driving skills.
Ensure that all vehicles are kept clean and tidy.
Ensure proper completion of logbooks.
Effective transportation of stock and linen.
Conduct routine maintenance, inspect vehicles and timely reporting of defects.
Adhere to departmental codes and procedures.
Effective support of laundry supervisors and colleagues.
Note: This post was also advertised in the Suid-Kaap Forum.
<fn>GOV-ZA.224915En.2012-02-10.en.txt</fn>
Requirements - Minimum Requirement: The ability to read and write.
Experience: Appropriate experience as a cleaner in a hospital environment.
Inherent Requirements of the Job: Willingness to work shifts on weekends, public holidays, on day and night.
Competencies (Knowledge/Skills): Ability to communicate effectively in at least two of the three official languages of the Western Cape.
sweeping, scrubbing, mopping of floors, dusting, polishing of floors and furniture, emptying bins daily, cleaning of windows, light shades, walls and all toilets, sluices and drains.
Ensure that cleaning equipment eg polishing and scrubbing machines, mops, brooms, buckets, etc are clean after usage and securely stored.
Relief according to the needs of the service.
R51 825 per annum.
<fn>GOV-ZA.224917En.2012-02-10.en.txt</fn>
Requirements - Minimum Requirement: Basic writing and literacy skills.
Experience: Appropriate cleaning experience.
Inherent Requirements of the Job: Perform shift work and relief duties where needed.
Competencies (Knowledge/Skills): Ability to communicate in at least two of the three official languages of the Western Cape.
General cleaning and maintenance of cleaning equipment.
Dusting, sweeping, polishing, scrubbing and mopping of floors/passages/furniture.
Emptying of dustbins.
Relief duties in other departments when necessary.
Ability to perform overtime and night duty when necessary.
Note: This post was also advertised in the Mossel Bay Advertiser.
<fn>GOV-ZA.224926En.2012-02-10.en.txt</fn>
The Western Cape Government Health would like to advise Worcester residents that a major incident training exercise will take place this evening (Thursday, 21 July) from 18:00 until 22:00.
Emergency Medical Services (ambulance), Forensic Pathology Services, Traffic, the South African Police Service (SAPS) and the local fire and rescue service will participate in the planned major incident, and residents will observe ambulances, response vehicles (traffic and SAPS) and fire engines driving through the vicinity between the site of the fictitious incident and Worcester Hospital. Residents are advised not to panic when this happens and should continue with their evening activities as per normal.
The purpose of this exercise is to test emergency service agencies' readiness to respond to a major incident in the future.
<fn>GOV-ZA.224outcome9En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.224towardsareviewofthelocalgoverntfinancialsystemEn.2012-02-10.en.txt</fn>
Ladies and Gentlemen: The theme for the 2007 Youth Summit in Agrarian and Land Reform is: 'Agriculture - A thousand opportunities'. South Africans have since celebrated the country's achievements in the area of women's development and have demonstrated its commitment towards the struggle for the total emancipation of South African women.
URL: http://www.info.gov.za/speeches/2007/07081515151001.
Results: 1 to 20 of 80 (104467 searched in 0.559.
The Minister for Rural Development and Land Reform Gugile Nkwinti cordially invites members of the media to the Presidential launch of the Jengro Farm at Mbonambi in the Grantleigh High School on 19 February 2011 within Uthungulu District Municipality in KwaZulu-Natal province.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=16301&tid=28340 Size: 2KB Collection: speeches_cm?
The Minister for Rural Development and Land Reform Gugile Nkwinti cordially invites members of the media to the Policy Dialogue on Sustainable Rural Development to be held at Cape Sun, Cape Town on 18 to 19 February 2011.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=16274&tid=28269 Size: 2KB Collection: speeches_cm?
The Ministry of Rural Development and Land Reform is responsible for Outcome 7, namely, vibrant, equitable and sustainable rural communities and food security for all.
Restitution forms a critical part of the outcomes of department and as such beneficiaries must contribute to achieving these objectives.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=15371&tid=26032 Size: 6KB Speaker: G Nkwinti Collection: speeches_cm?
<fn>GOV-ZA.225009En.2012-02-10.en.txt</fn>
Last night (20 July 2011), the Western Cape - Burgundy Wine Exchange Programme celebrated its tenth birthday on a high note with the launch of a beautiful new book, "Bourgogne Western Cape: Vines and Life, Encounters and Sharing" by Florence Zito and Philippe Maupetit. The book reflects on ten years of co-operation, especially in the agricultural field, portraying a number of participating farmers, farmworkers and training institutions.
The Thuthukile Skweyiya Western Cape - Burgundy Wine Exchange Programme was named after South Africa's former ambassador to France and UNESCO, who started it in 2001. Its main objective is to motivate young people to improve their social status through education and training, made possible through a common commitment by participants, professionals and politicians of these two regions.
Van Rensburg had only praise for the programme which "changed the lives of farm workers in South Africa. We have seen many examples of ordinary farm workers departing for France as part of the programme, only to return as highly motivated and ambitious workers who then progress rapidly on the career ladder". The Western Cape Department of Agriculture's Market Access Programme also empowered new farmers through the Exchange Programme, "especially in terms of knowledge exchange and securing international market access for their new produce".
Ms Sofia Otokoré, Second-Vice President to the Regional Council of Burgundy, congratulated everyone on "ten years of sharing, consolidarity and commitment. It was an investment in the participants and the professionals and innovation". Ms Otokoré said this was a project she was extremely proud of and she is looking forward to another ten years.
A challenge was put to the local participants to learn French by Dr Ivan Meyer, Western Cape Minister of Cultural Affairs and Sport: "Language transcends nations." Minister Meyer also conveyed Premier Helen Zille's congratulations to everyone who had the perseverance, commitment and dedication to see this project grow from seed to fruit.
A Western Cape Burgundy Alumni programme was also called to life.
<fn>GOV-ZA.225085En.2012-02-10.en.txt</fn>
Requirements - Minimum Educational Qualification: A Basic R425 qualification (i.e. diploma/degree in nursing) or equivalent qualification that allows registration with the South African Nursing Council (SANC) as Professional Nurse.
A minimum of 8 years appropriate/recognisable experience in nursing after registration as Professional Nurse with the SANC in General Nursing.
At least 3 years of the period referred to above must be appropriate/recognisable experience at nurse management level.
Inherent Requirements of the Job: The successful applicant will have to work overtime should the need arise, day or night.
Proficiency in at least two of the three official languages of the Western Cape.
Excellent conflict management skills.
Basic computer literacy.
Knowledge of legislation relative to the Health Care Service.
Knowledge of the policies of the Department of Health.
Ability to manage own work, and that of the units which report to the post, and to ensure appropriate interventions to enhance the nursing service at the institution.
Skilled nurse clinician able to lead the nursing service within the scope of practice and accepted nursing standards.
Co-ordinate, supervise and delegate the provision of effective and efficient patient care through quality nursing care within set standards and legal framework.
Participate in analysis, formulation and implementation of nursing guidelines, practices, standards and procedures.
Manage and monitor the cost effective utilisation of human, financial and physical resources.
Co-ordinate the provision of effective training and research.
Provide effective support to Nursing Services and maintain professional self-development.
R309 327 (PN-A7) per annum.
<fn>GOV-ZA.225087En.2012-02-10.en.txt</fn>
Baby Amber (six months) was born with a cleft lip and palate. Without help, she faces a life of loneliness and broken smiles. However, thanks to the Smile Foundation and Adcock Ingram Healthcare, the only reminder of Amber's cleft lip and palate will soon be a tiny scar.
Amber is one of 20 children that will undergo reconstructive surgery during the Adding Smiles to Life with Adcock Ingram Smile Week held from 25 to 29 July at the Red Cross War Memorial Children's Hospital in Cape Town.
"These children's parents, families and communities will soon celebrate the fact that they have a beautiful smile and can go off to school when they're older without fear of being teased or isolated," said Moira Gerszt, Chief Operating Officer of the Smile Foundation.
"The theme for this year's Smile Week is 'Adding Smiles to Life with Adcock Ingram'. Our partnership with Adcock Ingram began last year. With their support, we will have made a difference in the lives of almost 40 children by the end of this Smile Week."
"Adcock Ingram is humbled by being part of this philanthropic initiative," says Dr Jonathan Louw, CEO for Adcock Ingram Healthcare.
"The funding that Adcock Ingram contributes towards these life-changing operations not only lessens the deformity of these children, but ensures that the every child is able to swallow both solids and liquids with ease. Our partnership with Smile Foundation reiterates our commitment to adding value to life and changing one child at a time" says Louw.
The Smile Foundation has been partnering with academic hospitals in South Africa to help underprivileged children with facial conditions, alleviating backlogs in the hospitals, encouraging skills transfer, offering psychological help before and after surgery and supporting hospital infrastructure.
The partnership with Red Cross War Memorial Children's Hospital is now in its third year. As part of the partnership, the Smile Foundation funds the additional resources, staff, consumables and pays for the surgery. The hospital provides the infrastructure, staff, care, treatment and expertise.
The success of the Smile Week model has been widespread. To date, almost 700 children have benefited from surgeries around the country through the partnership with state academic hospitals. In the Western Cape, 80 children have been helped during the various Smile Weeks held in the province.
Western Cape Health Minister, Theuns Botha, said: We are proud to have some of the best surgeons in the world to take part in this project. Dr Saleigh Adams, Dr Dirk Lazarus, Dr Greg Hein and Dr Suvier Singh - thank you for your dedication.
"These operations will enable children to smile. No money can buy that. This project is a joint investment in our youth and the future wellness ofour people. In particular, I want to thank Adcock Ingram for the trust they have placed in the Western Cape through their sponsorship."
Recently, the Western Cape Provincial Parliament accepted a resolution in which they "saluted" the Smile Foundation for their work in the Western Cape and expressed their "gratitude" and "appreciation" for the work that the Smile Foundation and their surgeons are doing.
<fn>GOV-ZA.22510En.2012-02-10.en.txt</fn>
In terms of section 12 (6) of the Stock Exchanges Control Act, 1985 (Act No. 1 of 1985), it is hereby notified that the JSE SecuritiesExchangeSouth Africa hasapplied to theRegistrar of Stock Exchanges for the approval to make amendments to its rules, as set forth in the Schedule hereto.
Words underlinedwith a solid line (-) indicate the insertions in the existing rules.
Words in bold and in square brackets (I) indicate omissionsfromexistingrules.
8.10 A brokingmember(equities)shall, assoonas it finds itselfunable to meetitscommitments, notify the [General Manager] JSEin writing to that effect and, failing to make such notification, in the event of it being declared a defaulter, it shall be ineligible for readmission as a broking member (equities).
the broking member (equities) to be a defaulter as from the time which]whenthe act of default occurred.
as though it were unableto meet its commitments.
A broking member (equities)shall cease to beabrokingmember(equities)uponthe passing of [the] a resolution bv the JSE executive declaring it to be a defaulter.
[excused] excused or, in the case of a corporate entity, upon its final liquidation.
A notice to the effect that a broking member (equities) has been declared a defaulter shall be postedto all broking members (equities).
The Clearing House shall cease to act for a defaulter from the time at which the act of default occurred.
8.40.5.3 theJSEshall, notwithstandinganything to thecontrarycontained in any lease between the defaulter and the lessorof the premises, have the right to occupy and forthwith take possession of any premises in which the defaulter camed on business at the date of default and: he defaulter and its employees shall only enter these premises under the supervision of theJSE; but the JSE shall not withhold from the defaulter reasonable access to the books and accounting reC0rd.S Of suchdefaulteror to thepremiseswherethebooksand accounting records are held.
[by a majority of three-quarters of the broking members (equities) present ata meeting specially called for the purpose] that special circumstances exist which makeit undesirable for such action to be taken.
8.40.7.4 if he intends taking action in his ownright, thatheshalladvisetheJSE thereof within 30days from the date of the notice by meansof a letter sent by registeredpost or handed over personallyto the JSE.
8.40.8.1should anycreditorofthedefaulter, otherthantheJSE, within 30days from the date of the notice referredto in 8.40.7 not serve notice upon theJSEadvising [them] thathe is pursuinghisclaimagainstthe defaulter in his own right, the JSE may at any time, and shall ifthe defaulter has not complied with the provisions of 8.40.
that ceases broking (equities) on sequestration or excursion or, in the case of a corporate entity on liquidation, the provisionsof Section 8 shall continue to bind every defaulter afterit ceases to be a broking member (equities).
Committee JSE executive will admitanyor all transactions enumerated in such statements.
All JSE settlement systems default procedures shallbe binding upon defaulters and broking members (equities).
All claims shall be supported by such evidence from a JSE settlement system as through a JSE settlement system, by advice notes from the defaulter or advice notes from the claimant duly accepted when necessary by or on behalf of the defaulter. This shall not apply in the case of claims arising from loansof scrip against money, loans of money against scrip, general advances accounts and accountsof a similar nature.
repayment in whole or in part of his loan from a broking member (equities) on the defaulter's Stock Exchange Estate.A secured creditor shallbe entitled to claim from the Stock Exchange Estate the amountso refunded to the defaulter.
The [sub-Committee] JSE executive shall accept as proof of claims arising from loans such evidence asit deems sufficient.
Amounts due by the defaulter to the JSE in terms of [4.100] 3.80 shall be a first charge against such defaulter'sStock Exchange Estate.
Scrip lentto or borrowed from the defaulter and loans of money made upon security of scrip shallbe treated as stock exchange transactions and dealt within accordance with 8.60.3.
Estate shall not sell, assign, pledge or encumber its claim against such Estateto a non-member without the consentof the [sub-Committee] JSE executive.
against and contributionsto be made to the Stock Exchange Estateof the defaulter.
8.60.2.2 "Partiallycompletedtransactions"meansatransactioninvolving broking members (equities) entered into in terms of these rules which have been completed except for the payment of a monetary accrual or delivery of a scrip accrual.
8.60.2.4 In the event of a broking member (equities) being declared a defaulter or a broking member (equities) failing to pay its debit balance by the time required under the rules and directives or on demand or in the event of the securities and other property held for its account by the Clearing House being in the opinion of the [General Manager] JSE executive insufficient to afford adequate security for its obligation to theClearingHouseorfailingondemand to furnishadditional collateral, the [GeneralManager] JSE executive in [his] discretion, having been unableto return the scripto the deliverer under 8.60.2.
to be sold. The proceeds of such sale shall be applied to the repaymentof the defaulter's debit and any surplus shall be paid over to the broking member(equities)orthedefaulter'sStockExchangeEstateasthe case may be.
1 8.60.3.2 If the JSE cannot act in terms of 8.60.3.
8.60.4.1 Subject to theprovisions of 8.60.4.2,particulars of allmonetary accruals due to or by a broking member (equities) in default as at the date and time of default shall be withdrawn from the Clearing House records and the broking members (equities) concerned shall deal with claims or contributions in connection with such monetary accruals in accordance with this rule.
8.60.4.2 All monetaryaccrualsdue to orbyabrokingmember(equities)in default which have been included in a Clearing House statement for the settlement period current on that date shall be dealt with in terms of that statement.
8.60.4.3 Incaseswhereatransactionhas beencompletedexcept forthe payment of a monetary accrual to the defaulter, the accrual shall not form part of the defaulter's Stock Exchange Estate but shall be paidor delivered by the broking member (equities) concernedto the defaulter or to his executor or trustee as the case may be.
8.60.4.5 In cases where a monetary accrual is due to the defaulter on an open transaction, whether or not the accrual has been paid by the issuer, theamountoftheaccrualshallbe paid to thedefaulter'sStock Exchange Estate.
8.60.4.6 Subjecttotheprovisionsof5.120.1, in cases whereamonetary accrual is due by the defaulter on an open transaction, whether or not the accrual has been paid by the issuer, the broking member (equities) to whom theaccrual is due shallclaimonthedefaulter'sStock Exchange Estate for the amountof the accrual.
dealt with as follows: Scrip accruals which have not been converted into new and separate transactions in terms of 5.120.
A broking member (equities) owing an amount to and having a claim against the Stock Exchange Estate ofa defaulter shall have the right of set-off in respect thereof. In the event of a trinsaction between broking members (equities) being in dispute and unsettled at the time of default, the [sub-Committee] JSE executive shall have the power to investigate and decidesuchdispute, suchdecisionbeingbindingon both the defaulter and the counterpartyto the deal. Differences arising out Of buying in securities in terms of 5.100.7 shall be allowedas claims in the defaulter's Stock Exchange Estate and any profit made thereon shall be paid to the defaulter'sStock Exchange Estate.
Subject to any right it may have to repudiate the contract for any lawful reason, a broking member (equities) shallbe responsible to its client for the due fulfilment ofa transaction in the same manner as if such transaction had not been closed bythe [sub-Committee] JSEexecutive.
terms of 8.65.2.1, the JSE shall be entitled to buy in or sell out any securities which cannot be either delivered or paid for by the defaulter or its client, in those instances where the settlement authoritv is able to procure the settlement of a transaction by means of the borrowing of securities or funds.
8.60.3.1 or 8.70.6.
Any loss or costs which cannot be recovered by the JSE in terms of 8.70.7 shall be and held by or in the custody of the defaulter or their custody and settlement aaent, as is necessary to realise an amount eaual to the amount still owina to the JSE by the defaulter.
The provisions of 8.70.8 shallnotapply to any listed securitiesbelonaina to the defaulter which have been providedas security for a loan or an advance.
8.70.11Notwithstandinotheprovisionsof8.70.10.anyclaimbythedefaulteror the JSE aqainst a client ofthe defaulter in terms of 8.70.10 shall be reduced bv the amount of margin paid bv the client to the defaulter in respect of the particular transactions in terms of 14.190.
In the event that a non-controlled client or a controlled client of the defaulter is unable to meet its settlement obligations in terms of 8.65.2.2, the provisions of 14.120.5 and respectively shall apolv. If the settlement authority is able to pmure the settlement of the transaction by means of the borowinq of securitiesor funds, as the case may be, the JSE shall be entitled to proceed in terms 14.140.9 bv concluding the relevant purchaseor sale transactions for the account of the client.
Any amount claimed from a client by the JSE in terms of 8.70.10 and 8.70.1 1 may be recovered directlv out ofany funds or securities held by the defaulter or their custody and settlement aaent on behalf of the client.
A brokingmember(equities)whoseestate is finallysequestrated or acorporateentity which is finally placed in liquidation or under judicial management shall ipso facto cease to be a broking member (equities) and 3.350, 8.10 to 8.60,8.90 and 8.100 shall apply in the same manner asif such insolvent were a defaulter.
any difference paidto the [General Manager]JSE in terms of 8.
any money or security paidto such Estate in terms of8.
any amounts refunded in terms of 8.50.
any profit accruing to such Estatein terms of 8.
any amounts paid to such Estateinterms of 3.80.
or insolvency or within a reasonable time thereafter.
8.1 10 Rules 8.10 to 8.1 00 shall apply in respect of securities and other items which may be dealt in through theJSE trading system.
On the death of a sole proprietor or the director of a single director corporate entity having transactions open with a broking member (equities) under these rulesJSE the may, in its discretion, close anyor all transactions on learning of the death or on the date when each of such transactions would othetwise have respectively matured, and all differences shall be settledon a priceto be fixed by theJSE. Should there be a profit on any of such transactions in favour of the broking member (equities) such profit shall be paid by the [General Manager] JSE to the executor of the deceased sole proprietor or director if the JSE considers such deceased person's estateto be solvent. If the JSEconsidersthedeceasedperson'sestate tobe insolventsuch profit shallform part of such deceased person's Stock Exchange Estate and be dealt with in terms of the rules relating thereto.
Any transactions which are not closed by the JSE shall be dealt with by the executors in accordance with the termsof the transactions.
<fn>GOV-ZA.225118En.2012-02-10.en.txt</fn>
Experience: Extensive appropriate experience in Human Resource Management.
Inherent Requirements of the Job: A valid driver's licence and willingness to travel within the District.
Ability to effectively communicate in at least two of the three official languages of the Western Cape.
Knowledge of HR Payroll Policies, procedures and practices.
Knowledge of Persal Payroll System.
Knowledge of policy formulation and the ability to interpret and apply policies.
Strategic and operational management skills.
Good writing and presentation skills.
Ability to deal with conflict.
Advise and support district management and institutions with regard to all human resource Payroll policies and practices.
Monitor and evaluate institutions of the West Coast District with regard to the implementation of all human resource payroll policies and practices.
Manage payroll administration compliance within the system requirements of the PERSAL Payroll system.
Maintain a Payroll Information System and report on district and Institutional HR Payroll Information.
Manage audit investigations at institutions in terms of co-ordination, report writing and follow up of audit findings and recommendations.
Handle all matters related to supervision of component.
<fn>GOV-ZA.225127En.2012-02-10.en.txt</fn>
The Western Cape Department of Human Settlements will this week, beginning 25 July 2011, make an application to the High Court for a restraining order prohibiting specific members of the Boys Town Project Steering Committee, as well as any other individuals making common cause with them, from having any contact with the contractor or from interfering with the contractor and any other operations on the Boys Town Housing development site in Crossroads, Cape Town. Anybody disobeying the restraining order will be arrested and prosecuted.
This restraining order has been initiated in response to incidents where the ward councillor, members of the Boys Town Project Steering Committee, as well as other individuals, have threatened the contractor and ordered them to stop work. Nobody has authority to interfere with and stop construction.
The Boys Town Project Steering Committee has failed its mandate. According to the terms of reference of the Social Compact agreement between the Housing Development Agency and the Boys Town Project Steering Committee, the committee is responsible for conflict resolution, and for best serving the interests of the community. However, the committee has been responsible for creating conflict, and for serving the interests of select individuals. I have had multiple meetings with the Boys Town Project Steering Committee, and have done everything reasonably within my capacity to work with them, yet it has been repeatedly clear that they are serving their own interests, and not the interests of the community who elected them.
In terms of my mandate as Provincial Minister of Human Settlements and Section 8.6 of the Social Compact agreement, I am instructing that the committee be disbanded for not fulfilling its responsibilities. The project will continue with community involvement in the form of public meetings and leaflet drops to individual households to keep them informed of progress. I strongly condemn any actions which prevent service delivery. It is my mandate as Provincial Minister of Human Settlements to ensure the accelerated delivery of housing opportunities to people who need them. I will not allow political interference and local power games, driven by individuals with personal agendas, to get in the way. Legal action is a final resort once all other options have been exhausted, yet it's an option that I can, and will use, to ensure that service delivery is continued.
I refuse to let this project be sabotaged any further. It has been marred by infighting for the past eight years with minimal progress. Work on the Boys Town Housing Project will continue, and the first beneficiaries will soon receive their houses. The Boys Town Housing Project is part of the N2 Gateway Project and, when completed, it will yield 1 365 units.
E-mail: Bruce. Oom@pgwc.gov.
<fn>GOV-ZA.225164En.2012-02-10.en.txt</fn>
The Western Cape Department of Health has reached 100 000 patients on Anti-Retroviral Treatment (ART). In celebration of this historic milestone, the Department of Health and its partners will have an official celebration of this massive achievement on Tuesday, 26 July, at New Somerset Hospital, where the first ART clinic was established in South Africa.
Minister Theuns Botha and the Head of Health Professor Craig Househam will update the media on inroads made in the fight against HIV/AIDS.
<fn>GOV-ZA.225182En.2012-02-10.en.txt</fn>
This weekend saw 1 101 drivers screened at Safely Home alcohol blitz roadblocks across the province for driving under the influence of alcohol, resulting in no less than 39 arrests.
The highest breath alcohol reading was recorded in Brackenfell at 1.19mg/1 000ml.
The integrated efforts of Provincial Traffic, SAPS and Municipal Traffic saw a total of 2 539 vehicles stopped and 411 fines issued for traffic violations.
A total of 2 234 speeding offences were recorded with the highest speed recorded in Brackenfell at 201 km/h in a 120 km/h zone.
Road accidents claimed four lives this weekend.
On Friday morning, three people lost their lives and 28 were injured when a Volkswagen Golf and Mercedes-Benz Sprinter bus collided head-on on the N1 toll road on the Paarl side of the tunnel.
A pedestrian was also knocked over on the R300 on Friday.
We cannot allow drivers to behave so irresponsibly as to get behind the wheel drunk or to speed. Alcohol and speed are major contributing factors to road traffic accidents and I will continue my appeal for drivers to take responsibility not only for their own safety, but also for that of all other road users.
While too many people have already lost their lives in motor vehicle accidents, it is not too late to change our attitudes and behaviour on the road to stop the carnage and get everyone Safely Home.
<fn>GOV-ZA.225191En.2012-02-10.en.txt</fn>
Following calls from the community of Delft and this government's concerns regarding the safety of young learners when travelling to and from school, the Department of Community Safety has today launched a Walking Bus initiative as a pilot project at Sunray Primary School in Delft.
The Walking Bus initiative is a voluntary programme in which my Department's school safety volunteers, who have received neighbourhood watch as well as road safety training, escort groups of learners on foot to and from school.
The volunteers become the "drivers" and "conductors" of the bus, and parents wanting to accompany the learners are most welcome to join. This morning, I joined the young learners on their way to school to see the benefits of the initiative first hand.
The walking bus route "picks up" and "drops off" learners from designated points en route to school and then reverses the motion back home in the afternoons, according to arranged schedules. The route distance ranges from 1 km to 1.52 km.
At the heart of the initiative is the creation of a safe and supervised en route environment for young learners ensuring that they do not endure harassment or intimidation on their way to school and back and are also protected from potential road and traffic hazards.
This government is not only concerned with the protection of school buildings and property but, more importantly, it is about the safety of our children using these facilities, thus increasing safety within the whole of society.
The increasing rise in the number of vehicles on the province's roads, the number of fatalities occurring at road crossings and the threat of criminal and incidental misdemeanors highlighted the need for the initiative.
Walking Bus schemes have been successfully implemented in the United Kingdom, Ireland and Australia.
The benefits of the Walking Bus are not limited to safety as it also encourages walking and improves fitness, teaches learners road sense and traffic safety, reduces traffic congestion around schools, is an environmentally friendly way to travel and promotes independence and social interaction. For the pilot project at Sunray Primary, situated south of the Delft main road, the initiative focuses on Grade 1, 2 and 3 learners.
The Walking Bus pilot project has the support of roleplayers like the school principal, parents, the school governing body, Metro Police, SAPS and Road Safety Management, and through the strengthening of these partnerships, I am confident that it can be a great success.
Currently, the Department of Community Safety has a total of 836 school safety volunteers deployed at 183 high-risk schools and it is envisaged to extend this programme to at least these schools within the current financial year. I also invite school governing bodies or principals who want to start a Walking Bus to contact my office or the department.
I believe that the strength of the initiative lies in its simplicity and that it is a feasible and practical answer to learner safety whilst traveling to and from school.
<fn>GOV-ZA.225221En.2012-02-10.en.txt</fn>
International Nelson Mandela Day was marked with acts of greater good in communities throughout the world with 67 minutes of volunteer service. The 67-minute initiative formed part of Nelson Mandela's birthday, which was celebrated in style at the Western Cape Rehabilitation Centre (WCRC) on Monday, 18 July 2011. The WCRC staff visited the Beaconvale Frail Care Centre in Mitchell's Plain.
Approximately 32 nursing students from the WCRC Nursing School, three lecturers and selected nursing staff members of WCRC, presented the management of the centre with 13 boxes containing toiletries and non-perishables. The items were generously donated by the Nursing School learners and the WCRC staff members.
After the handing over of the gifts, the learners and staff members used the opportunity to socialise with the patients, and took over the role of the resident nursing staff by feeding the patients.
The visit was concluded by the learners and staff, moving through the building and singing a song to the residents.
About two hours were spent with the patients and the staff members of the home. The learners and the WCRC staff members thoroughly enjoyed the opportunity to interact with the patients. The staff of the centre expressed their appreciation for the visit and the donations received.
<fn>GOV-ZA.225436En.2012-02-10.en.txt</fn>
In line with his oversight role, Western Cape Minister of Community Safety, Dan Plato, will this week conduct oversight visits at SAPS stations and in communities to address issues like drugs and gangsterism plaguing communities and to promote community police relations and civilian oversight.
Tomorrow (Wednesday), the Minister will be at Manenberg Police Station and the media is invited to join him.
There will be photograph and interview opportunities.
<fn>GOV-ZA.225495En.2012-02-10.en.txt</fn>
The first MINMAY meeting since the recent municipal elections was hosted by my Department in Stellenbosch at the Spier estate today, and this was a golden opportunity for stakeholders to share ideas and discuss a number of strategic issues that the Provincial Government will be driving over the next five years.
I am extremely happy that we have been able to share this invaluable input with our newly elected Mayors so early into their term of office and so soon after it has been released. I have no doubt that we are going to be entering a very positive and rewarding new phase of local government where municipalities, with a few exceptions, will be functioning at new levels of service delivery across the Province. There was also a strong focus on growing and taking the economic development of the Western Cape forward and delegates were brought up to date with the current discussion around the proposed Economic Development Agency (EDA).
The EDA will become a significant driver of economic growth and development in the Province and was welcomed by delegates as a very positive and strategic player going forward. This was also an opportunity for the Department to give delegates feedback on the MINMAYTech meeting held in June as well as a number of issues that had been previously referred to MINMAY. SALGA was also able to do a report back on their activities.
The importance of the MINMAY sessions cannot be underplayed as it is the primary platform where the Department and all the relevant stakeholders have the opportunity to discuss and debate the various issues and challenges faced by all. In this regard, we were able to discuss in detail the Department of Local Government's strategic five-year objectives as well as the Provincial strategic objectives. It is vital if we are to maintain our record in service delivery to ensure that these objectives are understood and put on top of the agenda of all councils.
Our single biggest challenge across the province is going to be sustainable economic development and job creation and our councillors and municipalities have a crucial role to fulfil in this regard. Today's deliberations have contributed to a broader understanding of these challenges.
<fn>GOV-ZA.225501En.2012-02-10.en.txt</fn>
Did the curriculum changes introduced in 2010 improve learning and teaching?
<fn>GOV-ZA.225602En.2012-02-10.en.txt</fn>
Provincial traffic officials acted swiftly yesterday to remove another unroadworthy SA Roadlink bus, travelling on the N1 near Beaufort West, from the road.
The bus was making its way from Johannesburg to Port Elizabeth with 53 passengers on board and was pulled over by the officers who noticed that the bus was unbalanced.
The driver did not have a valid permit for operating on the route and a roadworthy test revealed defective brakes, a smooth tyre, excessive play on the steering mechanism, a faulty front window wiper, a windscreen that is not shatterproof and a defective driver door handle.
The driver was fined for the offences and the traffic officials discontinued the use of the bus and impounded it.
The investigation further revealed that the passengers complained to the driver when the bus departed from Johannesburg, who ignored their pleas for a roadworthy bus.
We cannot tolerate this complete disregard for the rules of the road by public transport vehicles entering the Western Cape and will continue to act without fear or favour against any person or company disobeying road laws and regulations.
I commend the officials for taking such swift action in line with our Safely Home campaign as we must act to increase safety and to get those who act so irresponsibly on our roads off them.
I have asked my colleague, Minister for Transport and Public Works, Robin Carlisle, to add this to his extensive file of Roadlink safety and compliance and to explore any available administrative sanction to help prevent recurrence.
<fn>GOV-ZA.225614En.2012-02-10.en.txt</fn>
The Western Cape Department of Social Development has received information from a major bank that four of our employees may be embezzling department funds through an account that they opened together with an NGO. This information came to light last week when the officials concerned transferred over R80 000 into an account to which they had access.
The Department has subsequently suspended the four officials pending a full investigation, and disciplinary action will follow if the officials are found guilty.
Criminal charges have also been laid with the South African Police Service (SAPS).
The Western Cape Government is committed to clean governance. I will not tolerate any form of corruption in this department. I would like to thank the financial institution concerned for their vigilance, and encourage any members of the public, NGO sector or government officials who notice suspicious activities to come forward and report this information immediately to our corruption hotline 0800 701 701. We will take action.
<fn>GOV-ZA.225617En.2012-02-10.en.txt</fn>
On Thursday, 28 July 2011, Dan Plato, Minister of Community Safety in the Western Cape, will visit the community of Hanover Park and the media is invited to join him.
Gang violence, drug abuse and related crime and unemployment are the primary issues afflicting this community and have reached unacceptable and most disturbing levels.
There will be interview and photograph opportunities.
<fn>GOV-ZA.225709En.2012-02-10.en.txt</fn>
Robin Carlisle, the Minister of Transport and Public Works in the Western Cape, will address members of the South African National Taxi Council (SANTACO) at 12:30 today.
The Minister's address will be near the end of SANTACO's "Taxi Driver Certificate Ceremony", which is looking at driver behaviour and social responsibility, amongst others, and which began at 09:00.
Members of the media are welcome to attend.
<fn>GOV-ZA.22575En.2012-02-10.en.txt</fn>
Vol. 434 Cape Town 17 August 2001 No.
STAATSKOERANT, 17 AUGUSTUS 2001 No.
I, TREVOR ANDREW MANUEL, MP, Minister of Finance, intend amending the Pension Fund Regulations made in terms of section 36(1)of the Pension Funds Act, 1956 (Act No 24 of 1956), as set forth in the schedule hereto.
Interested persons and institutions are invited to submit written representations on the proposed amendment by no later than 6 September 2001.
Tel: (012) 31 5-5161 e-mail: Chris. MalanBtreasury.gav.
Exposure Draft-Regulations required in terms of section 158(3) of the Pension Funds Act, 1956 (Act No. 24 of 1956).
Retrospective review shou!d not place undue strain on the retirement funding system.
The retrospective review of benefits paid to former members should not place undue strain on the retirement funding system. By this, we mean that only existing actuarial surplus should be apportioned, unless it can be demonstrated that the employer has utilised actuarial surplus previously in an improper manner, in which case a deficit may be created to a maximum of the present value of such surplus utilised improperly for the benefit of the employer.
Benefit improvements for decision makers to a level not enjoyed by the. other members.
Additional pension to selected members in lieu of the employer's obligation to subsidise medical costs after retirement.
Recognition of prior pensionable service for selected members or members transferred into the fucd, in either case without payment into the fund of the cost of this past sewice.
The employer may not be required to pay into the fund more than the deficit created during the apportionment of surplus to former members and pensioners, with a maximum of E.
How far back should the board of a fund go in looking at past transfers, conversions and retrenchments?
The board must look at all transfers, retrenchments and conversions from 1 January 1980onwards. If this is not done, the conversions from employer sponsored defined benefit funds to negotiated defined contribution funds will not be included.
There are escape clauses if the board satisfies the registrar, after taking steps to try to construct the data or advertise for potential beneficiaries, that it is impossible to obtain sufficient data to enable calculation. Advertisement at the employer and in the area of employment will only be required in the case of large transfers, retrenchments or conversions (ie. more than the higher of 50 members and 10% of the members at the end of the previous financial year) where the data is not available.
Which transfers, conversions and retrenchments should be included?
All significant transfers, conversions and retrenchments should be reviewed.
"Significant" means at least 10% of the membership at the start of fhe year must have been affected by the transfer, conversion or retrenchment, provided that at least 50 members were affected. Otherwise, for example, in a fund of 20 members, the retrenchment of 2 employees would cause review.
How much should the former members get?
The accrued actuarial liability multiplied by the ratio of the fair value of the assets to the actuarial value of the assets (being the fair value of the assets in the fund reserved in respect of the transferring members prior to the transfer).
The former members should get this as a prior charge against surplus.
The remaining surplus should then be apportioned by the board on an equitable basis amongst stakeholders.
Once this has been done, the balance of the actuarial surplus can be shared between active members, former members and the employer in any way that seems equitable to the board. The requirement that members be told of the apportionment, and have an opportunity to object, will cause an effective negotiation of this sharing between active members and the employer.
What does the board of a fund do if the top up in paragraph (4) puts the fund into a deficit situation?
If there is not sufficient surplus in the fund, after adjustment by E in line with paragraph (1) above, to allow the top up in paragraph (4), then the top up must be proportioned down.
A formula approach is provided both for small and large funds which will automatically be deemed to be equitable, if used. This will reduce the cost of the exercise.
STAATSKOERANT, AUGUSTUS 2001 22575 17 No.
The board may not exclude transfers out ifthe employee concerned is still employed, even though other former members who are no longer employed are excluded because of a lack of data. This will prevent a paucity of data in respect of former employees denying participation to current employees who no longer belong to the fund.
A newsubregulationis added to clarify what the trustees should do if the funding position has changed significantly over the period of the exercise.
Exposure Draft-Regulations required in terms of section 158(3) of the Pension Funds Act, 1956 (Act No.
Matters, envisaged in section 158(3) of the Pension Funds Act, 1956, to be considered by the board of a fund in apportioning accrued actuarial surplus following the date of commencement of the Pension Funds Second Amendment Act, 2001.
Provided, further, that the board may not exclude existing employees who were former members of the fund from participation.
E represents the present value at the surplus apportionment date of surplus utilised for the benefit of the employer during the period of the analysis, where such utilisation may not have been approved if the board STAATSKOERANT,17AUGUSTUS 2001 NO.
Of the fund had been constituted in terms of section 7A, and the board had been directed that the utilisation Of Surplus should be negotiated between the stakeholders and was not automatically at the disposition of the employer.
the value of any contribution holiday enjoyed by the employer after the commencement date of the Act.
Provided that the actuary may use the information contained in the statutory valuation reports as a basis for his or her calculations rather than attempting to calculate these numbers from source data.
In all cases not covered under subregulation (4), the board of the fund shall then apportion surplus in terms of section 15B(3)(c) and (d) in such a way that former members should get at least Q1 = A x K, pensioners and deferred pensioners should get at least Q3 = D x K, where A, D andK represent the terms defined in subregulation (2), and the balance of the surplus (namely F + E -Ql -Q3),where F and E are defined in subregulation (2), should be split in an equitable manner between the active members, who receive an amount described as Q2, and the employer who will receive F + E -Q1 -Q2 -Q3 by transfer into the employer surplus account. Such apportionment shall be conducted by the board in the exercise of their fiduciary duties towards all stakeholders.
Where the conditions set out in paragraph (a) are satisfied, the fund may elect to distribute actuarial surplus between members, former members and the employer as set out in this subregulation, in which case subregulations (2) and (3) shall not apply.
The actuarial surplus is less than one (1) million Rand at the surplus apportionment date, the financial history of the fund does not reveal a significant change in the financial position following the transfer out, or retrenchment, of members in the past, and the employer has not utilised a significant amount of surplus in the past. In this context, "significant" shall mean an amount with a value at the surplus apportionment date of one million Rand or more.
Such amount should be deducted from the actuarial surplus apportioned to members and distributed to former members (identified in terms of subregulation (1)) aswill increase the benefit paid to former members to the lower of the amount obtained by applying the formula as at the date of commencement of the Pension Funds Second Amendment Act, 2001, as described in sections 14A and 15K (or some reasonable approximation of this), and the accrued actuarial liability multiplied by the ratio of the fair value of the assets to the actuarial value of the assets, where values of assets and liabilities are determined using the method and assumptions set out in the statutory actuarial valuation coincident with, or immediately prior to, the event.
Such amounts should be accumulated to the calculation date using the investment return earned by the fund.
Pensions and deferred pensions should be increased to the minimum level defined in the Act.
In total the former member, pensioner and deferred pensioner amounts due shall be referred to as "modified" benefits. If there is insufficient actuarial surplus to achieve this increase to "modified benefits", a\\"modified benefits" shall be proportionately reduced to equal the amount of actuarial surplus available.
The residual actuarial surplus will be split in proportion to the accumulated value of the contributions by membersand theemployer, respectively, less expenses, where contributions are rolled up to the calculation date using by the fund, nett of expenses which should reasonably the investment return earned be deducted from the investmentreturn(such asthe expenses of investment management and any retirement fund tax). This will give rise to an employer portion and a member portion of actuarial surplus. The employer portionwill be credited to the employer surplus account. The member portion will be further apportioned as set out in paragraph (d).
the balance of the surplus, namelyF -Q1 -Q2 -Q3,should be creditedto the employer surplus account.
Where there has been a material changein the funding ratio (that is the ratio of the actuarial value of the assets to the valueof the accrued liabilities) over the period of the analysis, the boardof the fund should considerthe financial position of the fund at the effective dateof each significant transfer or retrenchment exercise, perform a distribution as noted above, and then accumulate the amounts forward by the at the investment return earned fund, recording the distribution that they deem appropriate for each such significant transfer or retrenchment exercise. This may better inform the board as to the equity of any past distribution of surplus, transfers or retrenchment exercises, relative to the financial position of the fund at the time of such exercises.
Q1, Q2 and Q3 as determined in subregulation (3)amongst the appropriate stakeholder group.
Where former membersto whom the board apportions some share of the surplus cannot be traced, the share of surplus apportionedto such former members shall be treated in the same manner as any unclaimed benefits are treated in the fund.
<fn>GOV-ZA.225767En.2012-02-10.en.txt</fn>
This morning, Western Cape Education Minister, Donald Grant, visited Hout Bay Secondary to oversee a surprise "search and seizure" operation by SAPS.
The operation forms part of the Western Cape Government's strategy to curb substance abuse in the province and follows the opening of the new Drug and Alcohol Treatment Centre in Hout Bay on Tuesday by Minister for Social Development Albert Fritz.
"It's important that the Western Cape Government creates awareness around the issue of substance abuse, both in and out of our schools. Therefore, as the Education Department, we want to avoid at all costs any drugs entering our school premises and promote the message that drugs have the potential to destroy their lives," he said.
"We are here today to remind these learners that our schools are drug-, weapon- and alcohol-free zones, and that any learner found in possession of illegal substances will be dealt with by the law. They have also been reminded that if they do have an addiction, there is help available."
This morning, a random narcotics search was conducted in two of the school's classrooms - one Grade 10 class and one Grade 11 class. No illegal substances were found.
"I am pleased that we did not find any drugs or alcohol here today. However, this does not mean that we will not be back," he said. "I have spoken to the Hout Bay SAPS and we have agreed that random surprise searches will take place in the future."
Grant said that because of the positive effects of the searches, the WCED will be continuing with the SAPS searches throughout the school year in various schools.
"However, there are other search mechanisms available for schools, such as the use of the hand-held metal detector. We are also, in the coming week, making available to schools guidelines and procedures for principals for conducting their own 'search and seizures'", he said.
"These guidelines follow the passing of the Western Cape Provincial School Education Act late last year which provides more clearly defined powers to conduct search and seizure operations at schools. For instance, our legislation bases the right to search and seize on 'reasonable suspicion' and not on evidence alone. It therefore lies in the discretion of the principal and increases the opportunity for principals to exert their authority."
Grant said that the guidelines will assist principals in ensuring that they are in full compliance with the relevant law when conducting these searches and that the rights of learners are respected.
<fn>GOV-ZA.225777En.2012-02-10.en.txt</fn>
Western Cape Minister of Community Safety, Dan Plato, will tomorrow visit the Woodstock police station in line with his oversight role to promote community police relations and civilian oversight.
<fn>GOV-ZA.22577cEn.2012-02-10.en.txt</fn>
I, TREVOR ANDREW MANUEL, MINISTER OF FINANCE, acting in terms of section 47(l)(b) of thePublic Finance Management Act, 1999 (Act No 1 of 1999), hereby determine the amendment of the list of public entities as contained in Schedules 2 and 3. The amendment will be effective with immediate effect.
<fn>GOV-ZA.225872En.2012-02-10.en.txt</fn>
Robin Carlisle, the Minister for Transport and Public Works in the Western Cape, announced that Chapman's Peak was re-opened to traffic as of 13:00 this afternoon.
"We have implemented a temporary safety precaution measure by erecting a 20-metre-long New Jersey Barrier along the section of the road where the rock fell yesterday morning."
"We have placed a number of the around-two-ton concrete blocks on the curb on the sea side of the road, below the Half Tunnel."
"Our intention with this temporary measure was to open the road as soon as possible. The New Jersey Barrier is there to prevent rocks from ricocheting from the drop zone onto the road, which is what happened yesterday."
"Our abseiling team is currently descending the slopes of Chapman's Peak in search of the origin point of the rock."
The extremely wet slopes prevented the abseiling team from launching their mission yesterday.
"The team will hand over the information they gather, which will include photographs, to our geotechnical engineers, who will do a full assessment to determine if there are any potential risks."
"The outcome of the results will then be given to us and the operator, Entilini."
The road was closed to traffic yesterday at 06:30 after a rock fell onto it in the early hours of the morning. The incident constituted a Level 4 rock fall, seen as a high-risk fall that requires an immediate road closure, followed by a detailed assessment to determine the origin point of the rock.
<fn>GOV-ZA.225875En.2012-02-10.en.txt</fn>
Robin Carlisle, the Minister for Transport and Public Works in the Western Cape, has reacted with "shock and outrage" to the news that Andries Zuiderma "was yesterday effectively let off for killing cyclist Jan-Hendrik Olivier, also 39".
"While I respect the independence of the judiciary, I am deeply concerned that the sentence handed down yesterday slaps Olivier's family through the face much harder than it slaps Zuiderma on the wrist."
"This sentence was handed down despite Wynberg Regional Court Magistrate Karel Meyer convicting Zuiderma, who in March 2006 swerved his bakkie into a group of cyclists practising for a cycle tour, of culpable homicide, or manslaughter."
Zuiderma was sentenced to five years suspended to five years on the charge of culpable homicide, and to three years' house arrest and a R5 000 fine, or nine months in jail for failing to stop after the crash. His driving licence was suspended for nine months.
"This is, in its practical effects, a R5 000 fine, payable in R1 000 instalments, for killing an innocent human being. We are approaching the Director of Public Prosecutions to ask that what appears to be a grossly inappropriate sentence be appealed."
"No matter what we as road safety authorities do to save lives, no matter how many millions are spent from public coffers, so long as there are no real consequences for those who kill and maim innocent cyclists, motorists and pedestrians on our roads, 15 000 South Africans will be senselessly killed each year."
<fn>GOV-ZA.225888En.2012-02-10.en.txt</fn>
Under the banner of the Safely Home campaign, 2 794 vehicles were stopped at alcohol blitz roadblocks this weekend, with 1 009 drivers screened for driving under the influence of alcohol.
Sixteen were arrested for the offence, with the highest breath alcohol reading recorded in Somerset West at 1.26 mg/1 000 ml.
A motorcyclist was also arrested on the N1 between Leeu Gamka and Beaufort West for speeding at 213 km/h in a 120 km/h zone.
605 speeding offences were recorded and a total of 387 fines were issued.
On Sunday morning, a 29-year-old pedestrian was hit by a car and lost his life on the N2 between Cape Town and Somerset West. A head-on collision between a car and a light delivery vehicle outside Laingsburg on the Beaufort West side claimed four lives yesterday.
Whilst this weekend's number of incidents and arrests might be just a statistic to many, it is not the case for those arrested and the families of those who lost their lives. I will therefore continue to urge all road users to consider the consequences of driving under the influence and speeding for their own sake and the sake of others.
<fn>GOV-ZA.225924En.2012-02-10.en.txt</fn>
In order to deliver on the Western Cape Human Settlements mandate of creating integrated and sustainable human settlements, the future of housing will include a greater number of people contributing financially towards their houses and the government enabling more people to buy houses. The culture of dependency the government is creating where people get houses for free is dangerous, as it is not a model that can economically support our municipalities.
In some areas, nine out of ten houses built by the government are not occupied by the beneficiaries they were built for. The houses have been sold for a fraction of the amount or rented out. This shows us that we are not always giving people what they want. We are giving out free houses, yet the people we are giving them to are not using them.
These houses often become a liability, where now people have to pay for services, maintenance, transport and other costs, whereas before getting the house, they didn't have to. Without jobs, these houses become stones around their necks. The people we are trying to help end up going back to shacks, and valuable property falls cheaply into hands it wasn't intended for.
We have to change how we deliver housing solutions to the people. We are giving houses to people who can't afford them, yet the people who are contributing to our economy, such as nurses, teachers and policemen, are unable to buy a house. It's very difficult for them to afford to buy property and traditionally our government policies haven't helped them. The people earning between R3 500 and R12 500 a month, who earn too much to qualify for a government subsidy yet too little to qualify for a bank mortgage, are called the Gap Market. These people pay taxes, yet find it very difficult to ever own property. We will still continue to build and give houses to those in desperate need, yet in order to deliver on our strategic mandate of providing accelerated housing delivery to all people, we have to look for solutions for people in the Gap Market.
We need to help the people in the Gap Market, because they are the ones that will make our municipalities sustainable through the payment for rates and services. By predominantly focusing on the most needy, we ignore those who will be the real source of sustainability for our future societies.
This is why we need to look for financing solutions to help the people in the Gap Market. People in the Gap Market will have to pay back home loans provided by the banks, and the banks will need to make a profit. What we can do is to help reduce the cost of the loan, and one of the exciting initiatives is the upcoming Mortgage Default Insurance (MDI), to which the government is allocating R1 billion.
The MDI is a guarantee fund, which the government will use to guarantee loans for people in the Gap Market. Through reducing the risk for the lenders, the loans will be issued at a lower interest rate, and will be cheaper for the applicants. People will still have to be creditworthy and will have to pay off their loans. If the applicants default, then the fund will cover the bank for the balance of losses, after the bank has foreclosed on the property and sold it on the open market.
The MDI is planned to begin coming into effect in 2012, and I expect it will take a few years for the financial institutions to develop confidence in it. However, within four to five years, I expect to see the banks having increased confidence in the MDI, and that we will be seeing many more teachers, nurses, policemen and other valuable contributors to our society buying their own houses.
I am excited about the future of affordable housing in the Western Cape. I am excited that we are creating ways to enable people with jobs to buy houses, and we are moving increasingly to a society where those who are responsible and willing to pay can be helped.
<fn>GOV-ZA.225950En.2012-02-10.en.txt</fn>
After being diagnosed with Malignant Hypertension at the age of 14, Riaan Smit, now aged 26, received his 1 000th dialysis treatment at George Hospital's Renal Unit.
Mr Smit received a donor kidney on two occasions, which his body rejected. As a result of his condition, he developed renal failure and started his dialysis treatment at the hospital in 1998. His 1 000th dialysis treatment at George Hospital followed the rejection of the second donor organ.
Heamodialysis (dialysis) is the removal of waste material from the blood of a patient with acute or chronic renal failure by means of an artificial kidney. A single treatment session takes four hours, and the patient receives treatment three times a week. These treatments are lifelong, unless a successful organ transplant is done.
Theuns Botha, Western Cape Minister of Health, says: "We are in negotiations with the private sector in efforts to increase the number of dialysis patients in the province."
Patients receiving dialysis can lead a normal life, providing they take responsibility for their own good health by complying with dietary and fluid intake prescriptions, as well as taking their prescribed treatment. It is vital that patients on haemodialysis attend every session to prevent fluid overload and the accumulation of waste products in the blood.
"I am extremely grateful for the opportunity to be included on the dialysis programme, because without it, I would not have been able to live," said Mr Smit. "Dialysis treatment is very expensive, therefore I try my best to take responsibility for my illness by complying with all the prescriptions to prevent complications," he adds.
There are currently 12 patients being dialysed at George Hospital, and nine patients receive treatment by a private company, National Renal Care. The hospital can only accommodate 12 patients for dialysis. All newly diagnosed patients, who are approved to go onto the programme, are referred to National Renal Care for dialysis.
The success stories of Mr Smit and other patients alike are due to the commitment and hard work undertaken by George Hospital's Renal Unit doctors and nursing staff.
<fn>GOV-ZA.225hesuzmanfoundationroundtablediscussiononlocalgoverntEn.2012-02-10.en.txt</fn>
I have 12 minutes. And the Foundation provided several questions, as guidelines of a sort, to the panellists on the issues we should address. So I thought perhaps the easiest and quickest way of doing this input is to specifically respond to the questions. And it's the safest way too.  Let me explain. Obviously, I'm in election mode right now, and it's real cruel for the Foundation, just two days before the elections, to preclude me from telling you why you should vote for a certain party, whose name, in fairness, I shall not mention, even if it turns 100 years old next year. I suggested to Francis that he should offer a prize for a competition among you to see who names the correct party first!  He wasn't impressed!  Anyway, so by answering the questions directly, I'll be suitably shackled!  And Francis can be calm! So here goes.
Oh, and I won't be able to cover the full text of what I have with me in 12 minutes - so if anybody's interested in looking at the text, I'll leave a copy with the Foundation.
Does Local Government have the capacity to meet its objects as outlined by the Constitution?
Do we all mean the same thing when we talk about local government "capacity" We need to unpack the term "capacity" some time, I think. For now, I understand it to refer to the political, managerial, technical and financial ability of a municipality to fulfill its functions. But this is not an adequate explanation. We need to look more carefully at the term. We can settle for this for now -and in terms of this, municipalities, unfortunately, don't have adequate capacity?
Most parties do not allocate sufficiently senior and experienced leaders with significant political clout to municipalities. Yet local government is such a key site of democracy, service delivery and development. And it is the sphere of government that is most challenged!
CoGTA's 2009 State of Local Government in South Africa Report  revealed that in many municipalities senior managers do not have the necessary skills. There is also a lack of technically skilled staff like engineers, planners and electricians. This is hardly surprising. South Africa has a shortage of skills - and this afflicts municipalities too.
The financial capacity of municipalities is hindered both by the lack of adequate funds and financial management skills.
But there is also a more fundamental issue: we opted for a local government model in which essentially all municipalities exercise basically the same powers and functions, irrespective of their capacity.  In other words, a "one size fits all" approach. There has to be a better correlation between a specific municipality's capacity and the powers and functions it exercises.
Another fundamental issue: national and provincial government have not monitored and supported municipalities adequately, as required in terms of the Constitution, and this too has impaired the capacity of municipalities.
What then is being done to improve local government capacity?
CoGTA  (Cooperative Governance and Traditional Affairs), SALGA (South African Local Government Association) and NT (National Treasury) are working on a more intensive induction programme for councilors as part of a consistent education programme for them.
We are also working with SALGA, NT and the Auditor's General Office on training programmes to significantly improve the financial management capacity of municipalities. A major review is also underway of the Intergovernmental Fiscal System directed at allocating more funds and resources from the national fiscus to municipalities. Importantly though, these extra funds will go with better training.
CoGTA is also working with all departments and other public sector institutions providing municipal capacity-building programmes to rationalize them and provide greater cohesion.
The LGTAS (Local Government Turnaround  Strategy) is to be implemented far more actively after the elections with greater support from provincial and national government for the specific MTAS (Municipal Turnaround Strategies) shaped in terms of the LGTAS.
We are processing a Bill at present, The Monitoring, Support and Intervention Bill, that stresses the crucial role of provincial and national government to assist municipalities to be more effective, without eroding their powers.
A major review of the local government model is underway. It is likely to result in a differentiated model of local government in which powers and functions are linked to capacity. I deal with this further later.
Of course, all these programmes will take time to implement and result in sustainable outcomes.
What are the funding issues relating to Local Government?
The very premise of the current financial model is wrong. It's based on the presumption that municipalities can raise 95% of their own revenue. But this was the case before 1994 when municipalities had much smaller boundaries, mostly excluded the African majority, and had a limited service delivery role!  It cannot apply to the new municipalities, with their larger boundaries, significantly bigger numbers of residents, and expanded developmental role.
The slow-down in the economy, the high unemployment levels and the huge number of indigents mean that municipalities find it difficult to collect the revenue due to them. These are structural issues requiring the attention mainly of the national and provincial government. Local government bears a far too great a proportion of the burden for this.  National government in particular has to assist local government more to deal with these challenges.
Some municipalities, especially in the rural areas, are technically unviable - they do not have a minimal economic, financial or revenue base. The majority of the people living in these municipalities are indigent. These municipalities depend substantially on intergovernmental transfers to survive.
Municipalities are also owed a huge debt.  By December 2010, the municipal debt had reached R62.3 billion. 61.9 % (R38.3 billion) of the debt owed is owed by residents, 20.7 % (R12.8 billion), by businesses, 5.1 % (R3.1 billion) by national and provincial departments and 12.4 % (R7.6 billion) by others.
Then there are the unfunded mandates - municipalities fulfill provincial functions like libraries, aspects of health and social services, including early childhood development, and homes for the elderly, disabled and abused women. Municipalities get no or little money for this from the provinces!
Yes, yes, municipalities need to do more to raise money from those who can afford to pay. Yes, they have to make more effective and productive use of their limited resources. And, yes, municipalities are unable to fully spend funds they have, especially for infrastructure. But even if they were to raise all the funds due to them and effectively spend all their money, they will still not be able to properly fulfill their responsibilities. The answer is not to constrict national allocations to local government - but to allocate adequate funding AND assist with capacity-building so that the funds can be effectively and productively spent. Moreover, an important chunk of the extra funds should be allocated for capacity-building and a reasonable system can be found to allocate the funds incrementally, and at different times to different municipalities as their capacity develops. This funding approach would also be consistent with the differentiated local government model that is likely to be decided on.
More effective billing systems, and debt collection and revenue enhancement programmes.
The setting up of a Municipal Infrastructure Support Agency (MISA), a special purpose vehicle which will provide specialized and targeted technical and financial support to municipalities in the development of infrastructure.
Tackling the fiscal inefficiencies of the two-tier District and Local municipalities model, in particular as relates to the delivery of water.
Bringing in private sector expertise more actively, including through the "Business Adopt a Municipality" campaign.
Do the structures of Local Government enable corruption to be dealt with appropriately?
I am not exactly sure what "structures" mean in this context. I'll take it that the question is about how local government tackles corruption Obviously, if the national campaign against corruption is more effective, it'll help local government to reduce corruption.  The intensification of campaigns to encourage ethical behavior in society as a whole, such as the Moral regeneration Campaign and others, will also help local government?
We are working with NT, SARS (South African Revenue Services), the Financial Intelligence Centre and other stakeholders on a major review of the entire procurement system, including the supply chain management process.
We also launched the "Operation Clean Audit" campaign to work towards municipalities achieving unqualified audits by 2014. The Auditor General reports in the 2009/10 financial year there was  marginal but significant progress in municipal audits. There was a significant reduction in "disclaimers" from 103 in the previous year to 53 in 2009/10.  According to our Department, 103 of the 278 municipalities now have Municipal Public Accounts Committees.  We are also assisting municipalities to improve their internal audit committees.
Our Department has just established a Corruption Inspectorate which will work closely with municipalities to combat corruption.
To encourage ethical conduct of councilors and municipal administrators.
Identify trends in local government corruption and contribute to developing more effective strategies to reduce it.
Assist municipalities to process cases of corruption more expeditiously.
Work closely with the Special Investigations Unit, Public Protector, SARS and any other agency to assist with cases of corruption in municipalities.
Obviously, we need to intensify our campaign against corruption, not just in local government, but in the other spheres of government, as well as in society. The government has recently launched the Special Anti-Corruption Unit or Wasps. It includes representatives of, among others, the Public Service Commission, NT, Chapter 9 institutions, SAPS, SIU (Special Investigation Unit) , business, labour, and other civil society organizations.
The state alone cannot reduce corruption. We need the fullest participation of the public. The strengthening of the ward committees and other structures of community participation in local government being proposed should also assist, over time, in exposing corruption and reducing corruption in municipalities.
Obviously, reducing corruption will take time. But we have to do it. It is the poor, after all, who suffer the most with corruption.
The administration needs to be strengthened to more effectively do this. The recently passed amendments to the Municipal Systems Act  will help in this regard.
Provide for regulations to be passed on the minimum qualifications for senior managers.
Provide for more effective regulations to be passed on local government human resource management.
Prohibit political party office-bearers from serving as senior municipal managers.
These amendments are only part of other policy and legislative amendments that are pending to strengthen the role of municipal administrations.
If we effectively implement aspects of our ant-corruption strategy just mentioned, it will also make it easier for administrators to withstand pressure from economic and political elites.
While they are vulnerable to pressures from political and economic elites, we shouldn't present administrators as helpless victims. They must conform to the laws too and not just succumb to undue pressure from these elites. And the state must help in this regard.
Do similar sets of problems inform both the metros and smaller urban communities If not, how do they differ?
It's not clear to me why this of the many issues local government has to address is being focused on. Presumably, "smaller urban municipalities" do not refer to "secondary" cities like Msunduzi  Anyway: some of the problems are similar, others not?
Of course, the metros (and we can now speak of 8), play a strategic role in the national economy. Together with Msunduzi, they produce 60% of the country's economic output. They face specific problems different from the smaller urban municipalities because of their role in the economy, size of residents, higher in-migration, larger informal settlements, bigger numbers of unemployed and greater vulnerability to fluctuations in the world economy and rates of investment in South Africa. And where they face similar problems with smaller urban municipalities - and there are many - the form in which they face them and the extent to which they do differs.
Metros and other stronger secondary cities are being more immediately targeted for the devolution of greater responsibilities for human settlements and other provincial functions. Aspects of the provincial transport function are also being devolved to municipalities. This will help metros and other stronger municipalities to better integrate their planning and use their resources more productively. But, obviously, with the devolution of these powers, it is crucial that these municipalities are fully assisted by provincial departments to develop the capacity to implement these responsibilities effectively.
The South African Cities Network (SACN) recently released its State of South African Cities Report.  I refer you to this report for further information and insights. May I say, by the way, that contrary to media reports, the Cities Report  is not a government report. It's a report done by academic experts commissioned by the SACN, which is funded partly from the national fiscus.
Have we set Local Government up for failure?
No. But national and provincial government should have done more to assist municipalities with capacity, funds and other resources, and should have worked with municipalities in a more integrated and cooperative way.  This can certainly be done without eroding the powers of local government, but in fact strengthening it. There is increasing consensus emerging that this is the direction to take.
Perhaps we were too ambitious in what we sought to get out of the current local government model Those of us who shaped this model mainly came from the civic movement and other structures of the UDF and perhaps we were too romantic about what was possible In any case, it's clear that we need to review the model. The key principles and values of the model are sound. But we need to change aspects of it. The ANC's 2012 conference is going to consider this and come up with a framework to guide the government to take these issues to parliament and public?
A review of the respective powers and functions of the three spheres. The imperative for this is not ideological but practical. It is to ensure a more integrated cooperative governance system, and a more effective state that is able to accelerate service delivery and development.
A differentiated local government model in which municipalities exercise different powers and functions from a common menu, according to their capacity, spatial characteristics, funding and other resources. It will also mean differentiation in scope of IDPs as well.
A new intergovernmental fiscal system in which municipalities are allocated funds and other resources, and assisted with a more effective programmes to spend  money  far more effectively.
A much more empowered ward committee system as part of an overall programme to strengthen community participation in local government.
A review of a two-tier system of District and Local municipalities.
Greater clarity on the respective roles of councillors and administrators, and guidelines on how to manage the relationship between them better.
Greater clarity on the responsibilities of the Mayor, Speaker and Chief Whip of a municipality.
These issues will be processed with the fullest participation of the public. In a democracy, the majority party guides the government. Hence the ANC's 2012 Conference will process these and other local government issues, and government and parliament will develop them further through engagement with key stakeholders and the public. We very much welcome your participation in deciding on changes to the local government model. But even more: we are keen that you actively participate in ward committees, IDP Forums, participatory budgeting processes and other means of becoming involved  in local government. "Local government", as we repeatedly say, "is everybody's business". Yours too!
<fn>GOV-ZA.22645En.2012-02-10.en.txt</fn>
Vol. 434 Cape Town 31 August 2001 No.
The Minister of Finance intends tabling the Municipal Finance Management Bill, 2001 in Parliament for consideration during the third parliamentary session of 2001. The Bill as approved by Cabinet ISpublished in accordance with Rule 241(c)of the Rules of the National Assembly.
The bill is tabled with Chapter 11 and certain clauses extracted frorn the main text. These are contained in Annexture A for information purposes. These clauses are subject to the passage of the constitutional amendment and will be included if the amendments have been passed by Parliament.
Interested persons and institutions are invited to submit written representation on the Bill to the Secretary to Parliament by no later than 1 October 2001.
Fax: (021) 462 2141 4 No.
Councillors responsible for financial matters -32.
Chapter 8 33.
Clauses 86 to 103 removed to Annexure A.
105. 106 I07 Treasury regulations, instructions and guidelines Audit committees Publishing of draft treasury regulations for public comment Departures from treasury regulations.
a corporate body.
Municipal Act, 27 "municipal manager" means a person appointed in terms of section 82 of the Municipal Structures Act; "Municipal Structures Act" means the Local Government: Municipal Structures Act, 1998 (Act No. I17 of 1998); "Nlunicipal Systems Act" means the Local Government: Municipal Systems Act, 45 3-000 (Act No. 33-of 2000); "National Treasury" means the National Treasury established by section 5 of the Public Finance Xlanagement Act: "organised local government" means an organisationrecognised in terms of section 2 (1) of theOrganisedLocalGovernmentAct(Act No.
(hi in relation to a vote, means when expenditure undera vote exceeds the amount appropriated for that vote. subject to section 38; or the allowed section; "ownership control", in relation to a company, co-operative, trUst. fund or any other corporate entity established in terms of uny applicable national or provincial legislation.
one of the main segments into which a budget of a municipality is divided for the appropriation of money for the different departments or functional areas which specifies the total amount that is appropriated for the purposes of the department or functional area concerned.
Theobject of thisAct is to securetransparency, accountabilityandsound manazement of the revenue, expenditure. assets and liabilities of the local government institutions to which this Act applies.
promote the object of this Act as set out in section 2; and lb perform the other functions assigned to the National Treasury in terms of this Act.
do anything further that is necessary to fulfil its responsibilities effectively.
and the relevant MEC in the province concerned may agree.
is subject to any limitations or conditions that the Minister may impose: and exercise of the delegated power 01-the performance of the delegated duty.
4 delegation in terms of subsection (1) (a) or (b) mayauthorisethe Director-General of the National Treasury. or the Director-General of the department concerned.
(5)The Minister may confirm.vary or revoke any decision taken in consequence of a delegation or sub-delegation in terms of this section, provided that no such variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision.
CHAPTER 3 25 7. I 1 Every municipality must open and maintain bank accounts in the name of the municipality, into whichall money received by the municipality must promptly be paid.
A municipality may not open a bank account abroad or with a banknot registered in terms of the Banks Act. 1990 (ActNo. 94 of 1990).
One of the bank accounts opened by a municipality. to be known as the primary bank account. must be designatedfor the receipt of all allocations to the municipalityin terms of theannualDivision of RevenueActandthosemadeto it by other municipalities.
Notification of opening of bank accounts relevant provincial treasury and the Auditor-General.
bj which of these accounts is its primary account.
(eJ for cash management and investment purposes in accordance with section 12 and within any framework that may be prescribed in terms of that section: or other(f)any for prescribed.
(2)Money may be withdrawn froma bank account in terms of subsection (1) (6J, IcJ, id), (e)or (f)without appropriation by the municipal council.
report of all withdrawals in terms of'subsection (1) (b),(c). (d),(e) or (f); and 25 (hi make the report available for public inspection ina prescribed manner.
notify the National Treasury, in writing.
notify the National Treasury, in writing, that it holds money as an investment for the municipality; and promptly disclose information regarding the investment whenso requested by the National Treasury, the relevant provincial treasury or the Auditor-General.
(2)A municipality may sell, transfer, or otherwise dispose of an asset other than an asset described in subsection (I) only after the council. in a meeting open to the public.
considered the fair market value of the asset and the economic and community v:liuebe to asset.
a municipal entit!
ity 01-an!.
a subsidiar!
dispose of an!'
(i)another municipal it!
A municipal council must for each financial year, by \vay of an annual budget.
appropriate money for the requirements of the municipality.
annual Municipal budgets 25 16.
(3)When calculating. for the purpose of subsection (1) (bj.
hj realistic estimates of expenditure for that financial year.
projected finmcial hplications of that expenditure for future financial years.
interest 55 14 No.
(iii)borrowing for thepreviousfinancialyear:and municipal entities to the municipality.
my other information as may be prescribed, including any multi-year budget information. (-1) When an annual budget is tabled in the municipal council, the municipal manager must submit measurable objectives for each vote in the bud5et.
thedistrictmunicipality in whose area it falls. in the case of a local municipality; and the local municipalities in its area. in the case of a district municipality.
(-1) Any comments the National Treasuryor the relevant provincial treasury may wish to offer on thedraftbudgetmustbesubmitted to hemunicipalitywithin 40 days of receipt of the draft budget.
(5)The councillor for financial matters must as soon as the counci.
direct the municipal manager to prepare the final budget for the financial year.
table the budget in the council for appro~al.
(6)The councillor for financial matters must manage the budget process in such a way that the budget referred to in subsection (5)(b)is tabled in the council at least 30 days before the start of the financial year to which the budget relates.
(7)A municipality must approveits annual budget before the start of the financial year to u:hich it relates.
The annual budget of a municipality is approved by a decision taken by the council of the municipality with a supporting vote of a majority of the members of the council.
If a municipal council failsto approve an annual budget by the majority required in terms of subsection (1). the council must reconsider the budget and again vote on the budget or an amended version thereof within seven days of the meeting that failed to approve the budget.
The process provided for in subsection (2) must be repeated until a budget is approved.
If a municipal council has not approved an annual budget before the start of the financial year. the MEC for local government must direct the council to adopt the budget within 14 days.
If the municipal council has not approved an annual budget before the start of the financial year. funds ma.. with the approval of the MEC for local government; be withdrawn from themunicipal it.'^ bank accounts in accordance with this section for the requirements of the municipality. until the budgetis approved as provided forin this .4ct.
durinz any month. exceed 8 per cent of the total amount appropriated in the last approved annual budget for current expenditure.
(3)The funds provided forin subsection (1j are not additional to funds appropriated regarded as forming part of the funds appropriated ina subsequently approved annual budget for that financial)ear.
to provide for other matters that rnay be prescribed.
and (iii). rnay procide only for- ill) the appropriation of any net additional revenues that have become available.
(6)Section 18 (I) and (2)applies in respect of the approval of an adjustments budget, and in such npplication a reference in that section to an annual budget must be react LIS a reforence to an adjustments budget.
The municipal manager of a municipality must, ona monthly basis or as may be prescribed.
cover a prescribed reporting period; and be submitted within 10 days after the end of each reporting period.
(3)When a district municipality submitsits report, it must attach the reportsof local municipalities within its area that were submitted to it in terms of subsection (1) (c).
actualborTowings for that period, and for the financial year up to the end Of that period.
in the case of unauthorised expenditure.
authorised by the municipal council in an adjustments budget; or certified as irrecoverable and written of by the council; and in the case of irreglllar expenditure.is certitizd as irrecoverable and writtenOH by the council.
themunicipalmanagel-is liable for an unauthorised expenditure.
(3)If a political structure or functionar)* ofa municipality takes a decision which. if implemented. wouldor is likelyto result in an unauthorised or irregular expenditure. the municipal managel-is liable for any ensuing unauthorised or irregular expenditure unless the municipal manager has informed the relevant political structure or functionary. in writing. that the expenditure will or is likely to be unauthorised or irregular.
unauthorised expenditure. the Auditor-General musl inform the relevantMEC for local government as soon as this comes to the Auditor-General's attention.
(6)The writing off of any unauthorised or irregular expenditure as irrecoverable in terms of subsection (I) is no excuse in criminal proceedings against a person charged expenditure.
(7)The council of a municipality must ensure that irregular expenditure that occurred in the municipality and that ma): constitute a criminal offence are reported to the South African Police Service.
The National Treasury may regulate the application of this section by regulation in terms of section 104.
If an additional function or power is assigned to. or any other new obligation is imposed on, a municipality in term of national or provincial legislation. the functionary assigning he function or powel-. or imposing the obligation. must submitto the National Trcacur: and the h'iinister responsible for local government a memorandum giving at leastathreeyearprojection of thefinancialimplications of that function.
A municipality ma\. incur short term debt onlyin accordance with and subject to the pm\.isions of this Chapter.
18 No. 22645 GOVERNMENT GAZETTE, 31 AUGUST 2001 capitalneedswithin a financial year in anticipation of funds derivingfrom specific and enforceable grant or long term debt commitments.
A municipality may incur long-term debt only in accordance with and subject io the provisions of this Chapter.
capital cxpenditure on property, plant or equipment to be used for the purpose of achieving the objects of local government as set out in section 152 of the Constitution: or accordance with a prescribed framework.
costs of professional services directly related to the expenditure; and any other costs as may be prescribed.
where security is to be provided, the provisions ofsection 27 (4) have been complied with.
Security provided for any of its debt obligations.
incurring debt. ma\'-undertake to effect payment directly from moniesor sources that may become available and authorise direct access to suchsources to ensurepaymentof those obligations: undertake to deposit funds with the lender or a third party as security for the debt: agree to specific payment mechanisms or procedures to ensure exclusive or dedicatedpaymenttolenders, includingrevenueintercepts, paymentsinto dedicated accounts or other payment mechanisms or procedures; cede as securit, any categoryof revenue or rights to future revenue specified in the financing agreement or information statement contemplated in section undertake to have disputes resolved through mediation, arbitration 01-other dispute resolution mechanisms; and agree to such other arrangements as the municipality may consider necessary and Drudent.
must determine whether the assetor right with respect to which the securityis provided, is necessary for providing a minimum essential municipal service; and if so, must indicate the manner in which the availability of the assetor right for the provision of that service will be protected.
(5)A determination in termsof subsection (4)that an asset or right is not necessaryfor providing a minimum essential municipal service is binding on the municipality until the secured debt has been paid in full.
Any person involved in the borrowing of money by a municipality must.
discloseallinformation in thatperson'spossession or withinthatperson's knowledge that may be material to the decision of that prospective lender or a prospective investor: and take reasonable care to ensure the accuracy of any information disclosed.
the debt is disclosed in the municipality's consolidated financial statements, in the case of a municipality exercising sole ownership control over the entity: and the guarantee is authorised by the relevant municipal councilor councils in the mannersubjectthe provided Chapter.
in the case of a municipality with an executivecommitteereferred to in section 42 of theMunicipalStructuresAct.mustbe the mayor or, if the council has designated another councillor.
in the <;lse of's municipality that does not have cither a11executive conliilittee or an executive mayor, must be a councillor designated by the council.
Responsibilities of councillors for financial matters 15 32.
perform the other duties assigned by the council or in terms of this Act to the councillor for financial 25 matters.
The councillorfor financial matters may delegate in writing anyof the powers or duties entrusted to that councillor in terms of this Act to any other councillor of the municipality.
delegation(2) A in terms of subsection (1)- 30.
Themunicipalmanager of a nlunicipality is the accounting officer of the 40 municipality for the purposes of this Act, and is responsible for assuring compliance with this Act.
If the municipal manager is absent or otherwise unable to perform the functionsof office, or during a vacancy, the acting municipal manageris the accounting oflicer for the purposes of thisAct.and is responsible forassuringcompliancewith this Act.
is responsible for the effective. efficient.
spending is reduced as necessary when revenues are anticipatedto be less than projected in the budget.
(3)The councillor for financial matters must table in the council all statements and reports received from the municipal manager in terms of subsection(2) (a)and (bjat the first council meetingheldthe of the or report.
A municipality may not utilise a saking in the amount appropriated.
If a budget appropriates funds for specific purposes within a vote, the provisions of subsection (1) apply to those specific appropriations as if they were separate votes.
Llnd the relevant provincial treasury.
(I The municipal manager of a municipality may in writing delegate any of the powers or duties entrusted or delegated to the municipal managerin terms of this Act, to as by section 10 (2).
exercise of the delegated power or the performance of the delegated duty.
consequence of a delegation in terns of subsection (I). provided that no such variation or revocation of a decision may detract from any rights that may have accrued asa result 15 of the decision.
1 1 Every municipality must have a budget and treasury office.
staff allocated by the municipal manager to the chief financial officer: and any other persons contracted by the municipality for the work of the office.
must perform such budgeting, accounting. auditing. financial reporting. cash management, debt management, financial management and other functions as be may manager.by the 45 delegated municipal manager for the performance of the functions referred to in subsection (1).
24 No. 22645 GOVERNMENT GAZETTE, 31 AUGUST 2001 any person contracted by the municipality for the work of the office.
does not divest that chief tinancial officer of the responsibility concerning the delegated function.
The chkf financial oficer may confirm, vary or revokeanydecision tllkenin consequence of a sub-delegation in termsofsubsection (I). providedthatnosuch variation or revocation of a decision may detract from any rights that rnay have accrued as 3 result of the decision.
the provision of a municipal service in the municipalityor in an area of which the municipality forms part: or prescribed.
A municipal entity rnay be established only as providedfor in, and in accordance- with, the Municipal Systems Act.
A municipality may not assign regulatory powers and functions to a municipal entity.
For thepurposes of subsection (I) "establish"includestheacquisition of an ownership control interestin an existing company or other entity.
A list in terms of subsection (I) must be in the prescribed format and contain the prescribed particulars.
This Act, to the extent that it could be applied, applies to the governing body ofa multi-jurisdictional municipal service district established in terms of Part 4 of Chapter 8 ofthe, Municipal SystemsAct as if thatgoverningbody is amunicipalentity.
The municipalityor municipalities exercising ownership control over a municipal entity must exercise those ownership control pouersto ensure that the municipal entity complies with this Act 2nd the financial policies of the municipality or municipalities.
Service deliver!
(2)A municipal entity may sell. transfer. or otherwise dispose of an asset other than an asset described in subsection (1) only after the councilof the municipality exercising sole orjojnt ownership control o\'er the municipal entity, in a meeting open to the public.
Oj considered the fair market valueof the asset and the economic and community value to be recei\.ed in exchange for the asset.
(3)A decision by a municipal council that a specific asset is not needed to providea minimum essential municipal service. may not be reversed by the municipality after that asset has been sold. transferred or otherwise dispose of.
This Part applies to all municipal entities which in terms of the legislation under which the entit!t has beenestablishedare required to have a governing board or body.
to effectively manage and guide the activities the entity.
(2)A person appointed or nominated for appointment by a municipal council as a member of a governing hoard or body must have 1-equisite skills and expertise in the services to be renderedas such a member.
is not an employee of the municipal entity concerned.
(4)T;lr number of councillcrs and the number of officials on a governing board or may body limit.
A person is appointed to the governing boal-d or body of a municipal entity in accordanceu, iththelegislation in tenns of whichtheentityhas been established. as modified by the provisions of this Act.
U'hene\.er it is necessary for a municipality to select a person for nomination or appointment as a member of a governing board or body.
through ad\,ertisements in the media circulating in the area of the municipal-ity.
the matter. taking into account the provisions of seclion 52.
The municipal council must make its selection from the list submitted in terms of subsection (2) (c).
affected and seek, withinthesphere of influence of thatgoverningboard or body, to prevent any prejudice to the financial interestsof the affected municipality or municipalities.
(2)A member of the governing board or body of a municipal entity may not use the position or privileges of, or confidential information obtained as, a member of the board or body, for personal gain or to improperly benefit another person.
(2)A councillor or official of a municipality may not receive compensation for serving on the governing board or body of a municipal entity under the soleor joint ownership control of that municipality.
Meetings of the governing boardor body of a municipal entity must be open to the public, includingthemedia, andsuchboard or bodymay not exclude thepublic. including the media, froma meeting, except when it is reasonable to do so having regard to the nature of the business being transacted.
does not ha1.e 3 chief executive officer.the governing board or body of the entity is the accounting authoriry for that entity.
in exceptional circumstances. approve or instruct that another official of the entity must he the accounting authority for that entity; or at any time withdraw an approval or instruction in terms of paragraph (a).
(I)A municipal entity must inform the Auditor-General promptly and in writing of anyapproval or instruction in terms of subsection (3) (a) andanywithdrawal of an approval or instruction in terms of subsection (3) (Oj.
(5)To the extent that the accounting authority of a municipal entity is in terms of this Act accountable to the municipality exercising sole or joint ownership control overthe entity. the accounting authority must discharge that responsibility through the municipal municipality.
must compile a budget annually and submit it to the entity's governing board or 'inody for approval.
(/I) must comply with any tax, levy. duty.
may be either to a specific individual or to the holder of a specific post in the entity; municipal does not divest the accounting authority of the responsibility concerning the exercise of the delegated poweror the performance of the delegated duty.
An accounting authority may confirm, vary or revoke any decision taken by an official in consequence ofa delegation in terms of subsection (l), provided that no such variation or revocation of a decision may detractfrom any rights that may have accrued45 as a result of the decision.
mustcomplywiththe provisionsofthis Act to the extent applicable to that official, including any delegations in terms of section 60; and is responsible for the management, including the safeguarding, of the assets and the management of the liabilities within that official's area of responsi-bility.
Whencomplyingwithsubsection (l), an official is bound by the system of financial management and internal control established by the accounting authorityof the municipal entity.
(/I) is consistent with the budget or budgets of the municipality or municipalities complies M.ith the other provisions of this Act.
Expenditul-e of a municipal entity must be in accordance with business plan appro\,ed by the council of the municipality exercising sole or joint ownership control over entity.
The accounting authority of a municipal entity must submit the business plan of the entity to the relevant municipality or municipalities for approval at least six months before the start of the financial year to which that budget relates.
councillor benefits.
any arrears owed by councillors to the municipality: and any other matters that may be prescribed.
30 No. 22645 GOVERNMENT GAZETTE, 31 AUGUST 2001 submit an auditreport on those statements to the municipal manager within three months of receipt of the statements.
copies of the annual report, the financial statements and the audit report; and particulars of any corrective action t&en in response to the findings of the audit report.
The financial statements and audit report must be made public when tabled in the municipal council.
any contingent liabilities for the municipality or municipalities exercis-ing ownership control over the entity; and matters that may be prescribed; dl if the municipal entity is a company, include the financial statements of any subsidiaries.
The accountin authority of a municipal entity must, within one month after the endof the financial year. submit the financial statements prepared in terms of section 68 (I) (b)to-auditors(a) the of the entit! for auditing?
report on those statements to the municipal entity.
Theaccountingauthority of a municipal entity must, within onemonthafter receivingthereport of theauditors on thosefinancialstatements, submit tothe municipality or municipalities exercising ownership control over that entity, and if the Auditor-General did not perform the, also to the Auditor-General?
the financial statements for that financial year; and the report of the auditors on those statements.
all municipal entities under the sole ownership control of the municipal-ity.
any arrears owed by councillors to the municipality; and any other matters that may be prescribed.
The municipal manager of a municipality must, within two months after the end of the financial year, submit the consolidated financial prepared in terms of section 7 I (1) (b)to the Auditor-General for auditing.
submitanauditreporton those statements to the municipality within three months of receipt of the statements.
The municipai manager.
table in the municipa!
copies of the annual report.
10 attend such meetings for the purpose of responding to questions concerning the financial statements and audit report; and submitcopies of theminutes of thesemeetingstotheAuditor-General, the relevant provincial treasury and the relevant provincial department.
(4)The consolidated financial statements and audit report must be madepublic when tabled in the municipal council.
The Auditor General must. without delay. submit copies of a municipality's financial statements or consolidated financial statements, and the audit report on those statements to the relevant provincial legislature.
A provincial legislature may deal with the documents referred to it in terms of subsection (I) in accordance with its constitutional powers.
If the municipal managerfails to submit financial statements to theAuditor-General in terms of section 66 (I) or 72(1).
mayissueaspecialreport on the delay to the relevant provincial legislature;: Ind must comment on u, hcther there are grounds for financial misconduct or criminal sanctions: and government. may withhold the transfer of funds from the National Revenue municipality.
The annual financial statements of all municipalities must annually be audited by the Auditor-General as required by section 188 of the Constitution.
Act. 1995 (Act 12 of 1995).
The Auditor-General must render an opinion on compliance with this Act.
National Revenue Fund to the municipality.
Auditors' Act; 1991 (Act No. 80 of 1991), as an accountant and auditor, and engayed in public practice as such.
may appoint any person referred to in subsection (I) (b)as its auditor: and municipality or municipalities exercising ownership control over it.
either on own initiative or at the request of the municipalit:.
Auditor-General 1995 (Act No. 12 of 1995).
An auditor appointedin terms of section 80 (2) (a)or (3) (b)must perform the functions of oflice as auditor in terms of legislation applicable to that person as auditor.
An auditor appointed in terms of section 80 (2) (a) or (3) (b)may consult the Auditor-General or anyperson in theOffice of the Auditor-Generalconcerning any_ matter relating to the auditing of the municipal entity concerned.
the performance information furnished in terms of subsection 68.
Investigations and special audits by Auditor-General interest or upon the receipt of a credible complaint.
(2)The Auditor-General may appoint a person to carry out an investigation or special audit in terms of section (1) on behalf of the Auditor-General.
The Auditor-General may claim the reasonablecost of performing the duties and exercising the powers in terms of this section from the municipal entity concerned. or, in the case of non-payment by themunicipal entity, from themunicipalityor municipalities exercising ownership control over the municipal entity.
Accountability of municipal entities legislatures on specific and general findings regarding the accountability of municipal entities.
A. Its form and content may change depending on the adoption and final wording of a proposed sections will be inserted upon the approvalof the constitutional amendments.
guidelines applicable to municipalities and municipal entities.
the alienation.
theadministration of this Act; and any other matter that may facilitate the application of this Act.
The National Treasury mayby regulation determine that a contravention of, or failure to comply with, a specific regulation in terms of subsection (I) is an offence and 20 thatapersonfoundguilty of such an offence is liable to an appropriate fine or to imprisonment not exceeding one year.
(v)category of officials.
Audit committees 40 105.
consist of at least three personsof whom at least the majority may not be in the employ of the municipalityor municipal public entity, as the case may be;and meet at least twice a year.
(2)A single audit committee may be appointed afordistrict municipality and the local 45 municipalities within that district municipality.
Draft regulations in terms of section 104 must be published for public comment in the national Government Gazette before their enactment.
The National Treasury mayon good grounds approve a departure from a treasury regulation or instruction or any condition imposed in terms of this Act.
fails to compl' with a requirement of section 22. 35, 36. 39, 65 or 71: or makes or permirs an unauthorised or irregular expenditure?
An official of a municipality to whom a pouzer or duty is assigned in terms of section 40 commits an act of financial misconduct if that official wilfully or negligently fails to exercise that power or perform that duty.
fails to comply a of section 58, or 68; or with 59 requirement makes or permits an irregular expenditure.
(3)An official of a municipal entity to whom a power or duty is assigned in terms of section 60 commitsan act of financial misconduct if that official wilfully or negligently fails to exercise that power or perform that duty.
(4)Financial misconduct is a ground for dismissalor suspension of, or other sanction against. a member or personreferredto in subsection (2) or (3)despiteanyother legislation.
Acharge of financial misconductagainst a municipalmanager or an official referred to in section 108 (2)or 109 (2)or an accounting authority or a member of an accounting authority or an official referred to in section 109 (3). must be investigated, heard and disposed of in terms of the statutory or other conditions of appointment or employment applicable to that municipal manager or authority, or member or official. and any regulations made by the Minister in terms cif section 1I 1.
the manner.
sanctions imposed by the board must be reportedto the National Treasury.
A municipal manager of a municipality is guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding five years, if that municipalmanagerwilfully or in a grosslynegligentwayfails to complywith a provision of section 22, 35, 36 or 39.
An official of a municipality or municipal entity to whom a power or duty was delegated in terms of section 40 or 60, is guilty of an offence if that official wilfully or in a grossly negligent way fails to comply with a condition of the delegation.
A councillor of a municipality is guilty of an offence and liableon conviction to a fine, or to imprisonment foraperiodnotexceeding five years, if that.
dl makes a withdrawal in contravention of section 11.
No person is liable in respect of anything done in good faith under this Act.
The Minister, by notice in the nationalGovernment Gaxtte, may exempt any municipality or municipal entity fromany specific provision of this Act for a period and on conditions determined in the notice.
kind of municipality. which ma'.
category of municipal entities.
Anything donein terms of a provision repealed by section 116 (1). which can be done in terms of a provision of this Act, must be regarded as having been done in terms of this Act.
(2)All municipalities must within three monthsof the date on which this section takes effect.
the purpose.
other information as may be required by the National Treasury.
If a municipality or a municipal entity or a subsidiary of a municipal entity holds an interest in any companyor other entity in contravention of section 14, it must dispose of such interest within two yearsas from the date on which this Act took effect.
Government Transition Act. 1993 (Act 209 of 1993). and section17 (d)of the Promotion of Local Government Act are hereby repealed.
UBI interfere in theactions of the municipalmanagerrelating to the appointment.promotion.discipline.
Rates.
6A. (1) A councillor must promptly and diligently pay all rates, tariffs, rent and other money due to the municipality.
The municipal manager must notify the speaker of the counciland the MEC for local government in writing if a councillor is in arrear with any of these payments for a period of longer than 30 days.
EA. (I) If amunicipalmanager, on reasonablesuspicion, is of the opinionthat a provision of this Code hasbeenbreached.
This Act is called the Local Government: Municipal Finance Planagement Act, 1001, and takes effect on 1 July 7002 except those provisions determined by the Minister by notice in the national Government Ca:etre, which will takz effect on a date determined in the notice. (2) Different dates mayinterms of subsection (1) be determined for diEerent provisions of the Act. (3) TheMinister may by notice in the national Government Gazette phase in the 15 application of the provisionsof this Act, and determine different dates on which different provisions of this Act will become applicable to municipalities of different categories, types or kinds.
Local government financial management is currently contained in section OG of the LocalGovernmentTransitionAct, Act 209 of 1993 (LGTA). Thissectionwhich regulated n~unicipal finances during the transitional phase will be replaced by this Bill. As such the Bill is a critical element in the final transformation of local government that is currently underway within the policy framework established by the White Paper on Local Government and the various pieces of legislation that emanated from the White Paper.
To put in place a municipal borrowing framework.
Chapter 1 provides definitions of key terms and concepts used in the Bill, outlines the scope of the legislation. and determines the conditions under which amendmentsto the legislation may be made.
Chapter 3 sets out conditions for municipal revenue and investments. It requires each municipality to establish bank accounts into which all monies received by municipalities must be paid. The rr, l. Inicipal manager is made accountable for these accounts and must ensure compliance with the relevant requirements in the legislation. Various procedures are outlined for the control, withdrawal and investment of funds. The National Treasury is granted powers to prescribe a framework for municipal cash management and the management of investments by municipalities.
liabilities, and reporting. Written employment contracts and performance standards are required for the municipal manager. Part 2 of the Chapter sets out conditions for the delegation of powers and duties by municipal managers to other officials and outlines the implications this has for such other officials.
Chapter 8 requires that municipalities establish Treasury and Budget Offices, under control of a chief financial officer, who, in turn, are enabled to delegate some specific responsibilities to officials who report to the chief financial officer.
Chapter 9 allows municipalities to retain or establish a variety of municipal entities in terms of other relevant legislation, but also makes it possible for statutory and regulatory limitations and requirements to be imposed on such entities. These conditions concern accounting, auditing.assettransfers, debtmanagement, governance, reporting and disclosure, decision-making, mandates and operational scope, planning and budgeting and investments. Every municipal entity is required to have an accounting authority who will be accountable for the execution of such conditions.
Note: Sections 56 to 103 in Chapter 11 has been removed from the main text and canbe located in Annexure A. The explanation below serves as information on the content. Changes may be affectedto this chapter and is subject to thepassage of the constitutional amendments.
Chapter 11 defines the approach and procedures to be followedin the event of financial emergencies within the local sphere. It provides for a Municipal Financial Emergency Authority (MFEA) to overseetheadministration of municipalities in financial emergency, with a view to normalising the financial affairs of such municipalities. The chapter further specifies procedures for the appointmentof an Executive Oficer for the hlFEX by the Minister of ProvincialandLocal Government, forthedeclaration.
managementandterminationof; i financialemergency. for a recoveryplan in a municipality as well as for extraordinary measures should the measures taken in terms of the recovery plan be insufficient. It giW specific powers to the courts in this regard and also outlines the powers and duties of the EO of hlFEA and of administrators of municipalities declared to be in a financial emergency. Specific provision is made for stepsrelated to financial emergencies in cases wheretheboundaries of theaffected municipaiitics have been re-demarcated in terms of the Municipal Demarcation Act.
Chapter 14 provides for miscellaneous aspects. It limits liability in respect of anything done in goodfaith in terms of thelegislation, allowstheMinistertoexempt municipalities and municipal entities from specific provisions of the legislation, and sets out transitional arrangements for the phasing in of the legislation.
Conclusion The legislative reforms and transformation framework as articulatedin the White Paper on Local Government is incomplete without a firm foundation for financial managementreforms. TheMunicipalFinanceManagement Bill provides sucha foundation for orderly and sound financial management principles and practices in the local sphere of government.
Appointment of administrator for municipality..
The process provided for in subsection (2) must be repeated until a budget is approved, subjectto any dissolutionof the council in terms or of the of section 100 139 Constitution on account of the council's failure to approve its budget.
..,jailing which steps in terms of section 139ofthe Constitution may be taken against the council.
(4)A municipaliQ in respect of which a financial emergency has been declared, may incur long term debt to support financial restructuring, if so provided in the approved recovery plan.
agree to restrictionson debt the municipality may incur in future until such debt is settled.
Note: This Chapter has been removed from the main text. Its form and conteni may change depending on the passage of the constitutional amendment.
(1)A Municipal Financial Emergency Authority is hereby established as an institution outside the public service but within the public administration as envisaged in section 195 of the Constitution.
(2)The Emergency AuthoriQ is a juristic person.
engage in anylawful activity, whether alone or together withanyother person; and do anything that is incidental to the exercise of any of its powers.
The Minister responsiblefor local government, acting with the concurrence of the Minister of Finance, must appoint a person as the Executive Oficer of the Emergency Authority.
for an agreed term not exceedingjve years, but which is renewable; and on termsandconditions set out in a written employment contract which must include terms and conditionssetting performance standards.
is responsible for the performance by the Authorityof itsfunctions and the exercise of its powers; and takes all decisionsof the Authority in the performanceof its functions and the exercise of its powers, except those decisionsof the Authority takenin consequence of a delegation or instruction in terms of section94.
vacancy in the ofice responsible for local government may designate another employeeof the Emergency Authority, or a person seconded to the Authority, to actas Executive Oficer.
the Executive Oficer of the Authority; and persons in the service of or seconded to the Authority.
Anemployee of an organ ofstate may be seconded to the Emergency Authority by agreement between the Authority and such organof state.
The Emergency Authority is regarded to bean employer for the purposes ofthe Government Employees' Pension Law, 1996 (Proclamation 21of 1996), in regard to employees who elects to become members of the Government Employees' Pension Fund.
any government grants made to it; and any other money legally acquired by it.
The Emergency Authority may accept donations but only with the approval of the Minister responsible for local government.
is subject to the limitations or conditions that the Executive Oficer may impose; and does not divest the Executive Oficer of the responsibility concerning the exercise of the delegated power or the performanceof the delegated duty.
consequence of adelegation interms of subsection (I), provided that no such variation or revocation of a decision may detract from any rights that may have accrued as a result of the decision.
the municipality's actual current expenditure have exceeded actual current revenue for at least the three preceding financial years; or percentage of actual operating revenues in the most recent financial year for which financial statements have been prepared.
at least one of the conditions listed in subsection (2) exist; and impedes the municipality from meeting its obligations.
the Minister responsible for local government.
If the courtdeclares that a municipality isin ajnancialemergency, it may order that legal proceedings by any creditor and the execution of any process against the rnznicipality be stayed for a period not 90days to allow for the appointment exceeding of an administrator and the preparation of a recovery plan for the municipality.
The Emergency Authority must give eflect to a court order issued in terms of section 95 (5)and promptly appoint an administrator for the municipality.
(2)The Emergency Authority must determine the compensation of the administra-tor, and may require that the compensation and expenses ofthe administrator be paid by, or recovered from, the municipality.
(3)A person appointed as an administrator tnust have appropriate jnnncial and management experience and skills to address any problems underlying a jnancial emergency.
the municipality's creditors, following a procedure that may be prescribed.
identify whichof the administrator'spowers referred to in section96 may be used in implementing the plan; and provide for stakeholder input, if appropriate.
submitacopy of the recovery plan tothemunicipality, theEmergency Authority and the parties involved in the court proceedings in which the financial emergency was declared; and allow public access to the recovery plan in the prescribed manner.
Councillors, o@cials and staff of the municipality must co-operate with the administrator in investigatingthe jnancial emergency andindevelopingand implementing the recovery plan.
(6)The Emergency Authority mustapprove the planif it complies with subsection (3).
(8)Reports must be in theprescribed form.
(9)(a) The administrator may amend a recovery plan as the tleed may arise.
allow public access to the amendment in the prescribed maliner.
9s. (1)The administrator appointed for a municipality has access to any structure, functionary, oficial, premises, documents orrecords of the municipality.
To the extent permitted in the recovery plan and subject to subsection (3)and any other applicable legislation, the administrator may exercise on behalf of 'the municipality any of the municipality's executive or legislative power necessary to restore the municipality to a soundjnancial and fiscal position.
may provide for the suspension of the remuneration and other benefits of members of the council or oficials should they fail to co-operate in the implementation of the recovery plan.
When exercising the powers permitted in the recovery plan, the administrator must consider the least intrusive practical meansto effectively address the financial emergency, allowing the structures and functionariesthe municipality to act where of they can and are willing do so in a timely and responsible manner.
the applicant in the application to declare a financial emergency; or a creditor of a prescribed amount.
to the MEC.
to the Minister responsible for local government; and in the prescribed mannerto organised labour.
(2)=Inautomatic extension in terms of subsection (I) (a) may be terminated in accordance with section 99 at any time.
demonstrates to the satisfaction of thecourtthatfinancial, jscal, or management conditions are such that ajnancial emergency will also exist in the newly established municipality.
tosuspendtheobligations of themunicipality to its creditors until the declaration of thejnancial emergency is terminated; or to terminate the obligations of the municipality to its creditors, and to settle claims proportionally, takinginto account the preference of claims.
to the Minister for local government: and in the prescribed manner to organised labour.
the municipality cannot meet its obligations to its creditors; and all assets and rights not necessary to provideminimum essential municipal services have been liquidated for the benejit of meeting creditors' claims.
If the court grants an application referred to in subsection (I), it must give preference to the rightsof secured creditors as to assets or rights with which they are secured, provided that such security was given in good faith and at least six months priortoanyapplicationinterms of section93 for adeclaration of financial emergency.
all assets and rights not necessary to provide minimurn essential municipal services have been liquidated for the benefit of meeting creditors' claims; and all employees have been discharged except those that are aflordable in terms of reasonably projected revenues.
If the court grants an application referred toin subsection (l),it must-give preference to the rightsof secured creditors as to assets or rights with which they are secured, provided that such security was given in good faith and at leastsix months prior to any application in termsof section 93for a declaration of$nancial emergency; and treat unsecured claims as concurrent andorder that such claims be settled proportionally.
obstructs, orfails to co-operate with, an administrator in the fulflment of the administrator's duties under this Act?
"I 7A. Municipal Financial Emergency Authority".
<fn>GOV-ZA.22653En.2012-02-10.en.txt</fn>
Notice is hereby given that to make it is the intention of the Minister of Finance the following regulations and public comment is invited on these draft regulations.
The standards of generally recognised accounting practice set out in Schedule 1 hereto apply, subject to the approval of the Accounting Standards Board in terms ofsection55(l)(b), in respect of thefinancialyearsended 31 March 2001, 31 March 2002and 31 March 2003.
The material accounting policies applied must be disclosed.
The annual financial statements must, by means of figures and a descriptive report, explain any other matters and information material to the affairs of the public entity.
The statements must be prepared on a cash basis of accounting which must be represented by gross collections net of refunds.
Uncashed refund cheques and monies received and banked on behalf of any national department or any provincial government which have not been allocated must be reflected inthe balance sheet.
Written comment on the draft regulations should reach the above person by no later thanMondav, 8 October 2001.
<fn>GOV-ZA.22677En.2012-02-10.en.txt</fn>
The Draft Petroleum PipelinesBill, 2001,is hereby publishedfor public comment.
The Director-General Attention: Mr.H T Burger Department of Minerals and Energy Private Bag X 59
Thepetroleumindustryandmarkets is highly dependentonthisnetwork., The pipeline network is thus of strategic importance to the economy as the economy dependsonthestablesupplyof liquid fuels andhencetheongoingeffective operation of the petroleum pipeline and storage infrastructure.
The requirement for licensing or registration in respect of the construction, operation and the provision of prescribed commercial services in relation to a crude oil pipeline, petroleum product pipeline or an off-leading facility.
The process of licensing or registrations and the condition of license.
To establisha national regulatory framework for petroleum pipelines, to establish a Petroleum Pipelines Regulatoras the custodian and enforcer of the national regulatory framework, to provide for the issuing of licenses relating to the construction and operation of petroleum pipelines andthe delivery of certain commercial services inconnection therewith, to provide for the registration of offloading and facilities, storage facilities certain commercial services related thereto, and for matters connected therewkh.
Powers, duties and functions of Regulator.
If the chairpersonforanyreason is unable to perform his or herduties, theother members shall choose another person from among themselves to act as chairperson until the chairperson can resume his or her duties or another chairpersonis appointed by the Minister.
If amember of theRegulatorforanyreasonceases to hold office the Minister may appoint another person in his or her stead for the remainderof the term of office of such member.
building is achieved.
professional and business interests on appointment to the Regulator and nom the chairperson when these change.
16 No. 22677 GAZETTE.
Thechairpersonshall, uponawrittenrequest of thechief executiveofficer or two other members, convene a special meeting to be held as soon as possible but not later than oneweek after the dateof receipt of such request.
(a)Thedecisionofthemajority of thememberspresent at a meeting constitutes a decision of the Regulator.
Provided that the decision or act was authorised by a quorum constituted by the rest of the members present at the meeting and entitled to sit as members at such meeting.
The Regulator shall cause a record of its proceedings tobekept.
9 act in a mannerthat is required and expected from the holder of a public office.
court having jurisdiction in the matter.
Notwithstandingsubsections (1) and (3), theMinister may in writingdirectthe Regulator to assign the position of chief executive officer or any other employee to any person employed by another licensing or regulatory authority falling under the Minister's jurisdiction.
Accounting by Regulator.
1999 (Act No.1 of 1999).
Reporting by Regulator.
TheRegulatorshall, inaddition to anyreportrequired in terms of thePublicFinance Management Act, 1999 (Act No.
person or a facilityproviding prescribed commercial service relating to such facilities mu$t registerwith the Regulator in accordance with the provisionsof this Act.
The Regulator must provide the applicant with a copy of its decisionaswellas a list of the factors on which the decision was based.
suchlicensemay be madesubject to any licensing conditionauthorised under this Act that the Regulator deems appropriate; and theRegulatormayrefuse to issue suchlicense if it is convinced thatthe applicant is unable to comply with the provisions of this Act.
Conditions of License.
The review process presently is to the courts -how can the regulator both impose the condition and review it?
of sub&*on the license may, prior to its lapsing, in the prescribed manner and at the requestof the licensee be extended by the Regulator.
28 No. 22677 GAZETTE, service on behalf of a licensee if the Regulator approves thereof as pat of its licensing conditions?
TheRegulatormayrevoke a licenceontheapplication of alicensee if- the licenced facility or activityis no longer required; the licenced facility or activity is not economically justifiable; or another person is willing and able to assume the rights and obligations of the licensee concerned in accordance with the requirements and objectives of thisAct, andanew licence is issued to such person.
Licensees must give the Regulator atleast 12 monthsnotice in writing of their intentionto cease their activities.
TheRegulatormayrequireofalicensee to su.bmit'such security, or make such other arrangements as may be acceptable to the Regulator, to ensure compliance with any condition relating to health, safety or the environment, prior, during or after the period of validity of the license.
Setting and approval of tariffs commercial services in relation thereto.
Conversion oflicense, transfer of license thereof shall be dealt with as a new license application.
fails conditionofthe license or any provision of this Act the Regulator may serve a notice on such licensee directing the licensee to comply with the condition or provision of the Act within a reasonable period specified in the notice.
TheRegulatormay, pending atribunalhearingreferred to in section 28(2) or pending criminal proceedings referredto in section 28(5), by way of application on notice of motion apply to the High Court for an interim order to suspend a license, to compel a licenseetocornplywith a license condition, or to stop a licensee from contravening a license condition.
Registration with Regulator.
AnypersonregisteredwiththeRegulatorundersubsection (2) shallpay to the Regulator prescribed yearly maintenance fees for its continued registration.
(l), 15(5)shall mutatis mutandis apply thereto..
the provisions of section referred to in section 16, and the provisions of section 18, 19, 20, 21, 22, 23 and 24 shall mutatis mutandisapply thereto.
Entry, inspection and information gatheringby Regulator.
(b)requireanypersontofurnish to the Regulator suchinformation, returns or other particulars as maybe necessary for the proper administration of this Act.
No informationobtainedby the Regulator whichisofanon-generic, confidential, personal, commercially sensitive or proprietary nature may be made public or otherwise disclosed to any person without the permission of the person to whom that infomation relates, except in terms of an order of the High Court.
Voluntary resolutionof disputes by the Regulator matter, and such decision shall be binding on the parties.
provisions Act,1967 an the apply contemplated in subsection (1).
ThefeespayabletotheRegulatorwhenacting in terms of subsection (1) shall be prescribed.
Expropriation of land by Regulator.
(b)theland or right in, overorinrespect of land is reasonably required by a licensee or registered personfor the performance of its functions.
<fn>GOV-ZA.226hesuzmanfoundationroundtablediscussiononlocalgoverntEn.2012-02-10.en.txt</fn>
We are truly delighted to be part of this important occasion today, as guests of the Bopedi Kingdom, Legae La Batho, to remember our ancestors, their Majesties, Kgoshi Mampuru and Kgoshi Nyabela. Kgoshi Mampuru was hanged by the colonial government in November 1883, while Kgoshi Nyabela was sentenced to life imprisonment, as they refused to abide by the authority of the colonial government.
URL: http://www.info.gov.za/speeches/2005/05013116151002.
Deputy President, Jacob Zuma, to officially open the Ministerial Segment of the African Ministerial Conference on Housing and Urban Development Deputy President Jacob Zuma will tomorrow, 3 February 2005, officially open the Ministerial Segment of the African Ministerial Conference on Housing and Urban Development (AMCHUD) at the International Convention Centre in Durban.
URL: http://www.info.gov.za/speeches/2005/05020308151003.
URL: http://www.info.gov.za/speeches/2005/05020313321002.
Oom Ray first came into contact with politics through the trade union movement which he joined while he was a laundry worker in Port Elizabeth in 1942. Oom Ray was an embodiment of the revolutionary ANC-SACP Alliance and the progressive labour movement, while he was in prison and after his release. This shows how highly valued Oom Ray was to the liberation movement, which he had served with outstanding dedication until his last day.
URL: http://www.info.gov.za/speeches/2005/05022508151001.
J Zuma to host Prime Minister of Turkey, 2 5 Ma?
URL: http://www.info.gov.za/speeches/2005/05030215151002.
A National Youth Service Unit to provide the administrative and day-to-day support was established and is hosted at the Umsobomvu Youth Fund in close conjunction with the National Youth Commission. Since the launch more than 150 organisations and individuals have made contact with the National Youth Service Unit regarding assistance to register as accredited with the National Youth Service as service providers.
<fn>GOV-ZA.22701En.2012-02-10.en.txt</fn>
No. 21 of 2001: Consumer Affairs (Unfair Business Practices) Amendment Act, 2001.
(Assented to 20 September 2001.
To amend the Consumer Affairs (Unfair Business Practices) Act, 1988, so as to provide for the questioning of a person at a preliminary investigation by a person appointed by the chairperson of the committee; to make provision for interim measures pending the outcome of an investigation into an unfair business practice; to repeal certain obsolete provisions; and to empower a curator to obtain the assistance of an attorney or advocate under certain circumstances; and to provide for matters connected therewith.
Amendment of section 5 of Act 71 of 1988, as amended by section 3 of Act 64 of 1991 and section 5 of Act 23 of 1999 1.
the person summonsed, or any person testifying on behalf of the person summonsed, under oath or affirmation administered by the chairperson, and the committee may examine or retain for further examination or for safe custody such a book, document or other object.
Amendment of section 8 of Act 71 of 1988, as amended by section 1 of Act 43 of 1990, section 6 of Act 33 of 1993 and section 7 of Act 23 of 1999 2.
Section 8 of the principal Act is hereby amended by the deletion of subsections (3), (5), (6) and (7).
Insertion of section 8A and 8B in Act 71 of 1988 3.
12(2) takes possession of such money or property or until the expiry of the period of six months, whichever occurs first.
Before the committee makes a recommendation to the Minister in terms of subsection (1), it shall inform the person who will be affected by its recommendation of its intention to make the recommendation and give the person an opportunity of a hearing by the committee.
the person mentioned in the notice has or will have the intention to defeat the interests of consumers by concealing or dissipating assets.
advising the recipient that he or she has the right in terms of section 13(1) to appeal to a special court or to take the decision on review to an appropriate court.
If the Minister orders the attachment of any immovable property in terms of subsection (1)(b), the Minister shall as soon as practicable thereafter notify the registrar of deeds of the attachment.
A notice contemplated in subsection (1) may be amended or withdrawn by the Minister at any time on the recommendation of the committee.
Any person who contravenes or fails to comply with a notice contemplated in subsection (1) shall be guilty of an offence.
8B. Notwithstanding section 8A, the Minister may apply to a High Court for an interdict suspending a business practice, or such other remedial action, pending the outcome of any investigation by the committee.
Amendment of section 10 of Act 71 of 1988, as amended by section 2 of Act 43 of 1990 4.
Section 10 of the principal Act is hereby amended by the deletion of paragraph (b) of subsection (2).
Amendment of section 12 of Act 71 of 1988, as amended by section 3 of Act 43 of 1990, section 8 of Act 33 of 1993 and section 8 of Act 23 of 1999 5.
be entitled to the assistance of an attorney or advocate when interrogating any person summonsed, and such attorney or advocate may cross-examine such person.
Amendment of section 13 of Act 71 of 1988, as amended by section 9 of Act 33 of 1993 and section 9 of Act 23 of 1999 6.
This Act shall be called the Consumer Affairs (Unfair Business Practices) Amendment Act, 2001.
<fn>GOV-ZA.22740En.2012-02-10.en.txt</fn>
No. 22 of 2001: Close Corporations Amendment Act, 2001.
(Assented to 3 October 2001.
To amend the Close Corporations Act, 1984, so as to allow the electronic lodgement of and access to all documents which have been or are required to be lodged in terms of that Act; to provide for the payment of fees in respect of documents so lodged; to allow the Registrar to amend registration numbers; and to amend an obsolete provision; and to provide for matters connected therewith.
Amendment of section 1 of Act 69 of 1984, as amended by section 1 of Act 38 of 1986 and section 1 of Act 26 of 1997 1.
and any word or expression derived therefrom, must be regarded as including all electronic methods of performing such acts.
Subsection (2) shall not apply to a section of this Act until the Registrar publishes a notice in the Gazette making it applicable to that section.
Different dates may be determined by the Registrar in respect of the application of subsection (2) to different sections of this Act.
Amendment of section 5 of Act 69 of 1984 2.
obtain a copy of or extract from any such converted document.
"no fee referred to in subsection (1) or (1A) shall be payable.".
Amendment of section 6 of Act 69 of 1984 3.
"(2) No document, form, return or notice in respect of which any fee is payable or any payment is required to be done in terms of this Act, shall be complete unless proof of payment of the required fee or other money has been lodged with, or acknowledged as having been received by, the Registrar.".
Amendment of section 10 of Act 69 of 1984, as amended by section 2 of Act 38 of 1986 4.
"(c) providing for the reproduction of any records relating to corporations in the Registration Office or the office of the Master by means of microfilm, microcard, miniature photographic process, the conversion into electronic format in such a way as to allow such records to be reconverted to their original form without changing their original contents or form or any other process deemed suitable by the Minister;".
Substitution of section 13 of Act 69 of 1984, as substituted by section 3 of Act 38 of 1986 5.
Amendment of section 14 of Act 69 of 1984, as amended by section 4 of Act 38 of 1986 6.
Registrar shall assign a registration number to the corporation concerned and endorse under his or her hand on the statement, or otherwise issue in writing, a certificate that the corporation is incorporated: Provided that the Registrar may change or amend such registration number in order to rectify duplications of such numbers or to achieve any other objective which it is necessary or expedient to achieve for the proper maintenance of the register of close corporations.
Amendment of section 15 of Act 69 of 1984, as amended by section 5 of Act 38 of 1986 and section 2 of Act 81 of 1992 7.
"(1) If any change is made or occurs in respect of any matter particulars of which are stated in a founding statement of a corporation in accordance with paragraph (b), (d), (e) or (f) of section 12, the corporation shall, subject to the provisions of section 29(3)(c) and (d), within 28 days after such change lodge with the Registrar for registration in his or her registers an amended founding statement, in triplicate in the prescribed form together with the prescribed fee, signed by or on behalf of every member of the corporation and by or on behalf of any person who will become a member on such registration, and which contains particulars and the date of the change."
"(2B) Upon registration of any amended founding statement in accordance with the requirements of subsection (1), (2) or (2A), the Registrar shall issue a certificate to the effect that the amended founding statement has been registered.".
Amendment of section 20 of Act 69 of 1984, as amended by section 3 of Act 81 of 1992 8.
"(3B) No prescribed fee mentioned in section 15(1) shall be payable in respect of the registration of an amended founding statement by virtue of an order under subsection (1) or (3) of this section.".
Amendment of section 23 of Act 69 of 1984, as amended by section 5 of Act 81 of 1992 and section 8 of Act 26 of 1997 9.
"(b) shall have that name (or such translation thereof) and registration number mentioned in legible characters in all notices and other official publications of the corporation, including notices or other official publications in electronic format, and in all bills of exchange, promissory notes, endorsements, cheques and orders for money, goods or services purporting to be signed by or on behalf of the corporation, and all letters, delivery notes, invoices, receipts and letters of credit of the corporation; and".
Amendment of section 27 of Act 69 of 1984, as amended by section 7 of Act 38 of 1986, section 2 of Act 64 of 1988 and section 6 of Act 81 of 1992 10.
Amendment of section 32 of Act 69 of 1984 11.
Section 32 of the principal Act is hereby amended by the deletion of subsection (2).
Amendment of section 41 of Act 69 of 1984 12.
"(1) A corporation shall not issue or send to any person any business letter, whether in electronic or any other format, bearing a registered name of the corporation, unless the forenames (or the initials thereof) and surname of every member thereof is are stated thereon.".
Amendment of section 47 of Act 69 of 1984, as amended by section 11 of Act 26 of 1997 13.
Section 47 of the principal Act is hereby amended by the deletion of subparagraph (i) of paragraph (a) of subsection (1).
Substitution of certain expression in Act 69 of 1984 14.
The principal Act is hereby amended by the substitution for the expression "certified post", wherever it occurs, of the expression "registered post".
This Act is called the Close Corporations Amendment Act, 2001.
<fn>GOV-ZA.22752En.2012-02-10.en.txt</fn>
By virtue of the powers vested in me by regulation4 (3) of the Exchange Control Regulations, published under Government Notice No. R. 1111 of 1 December 1961, as amended, I, TrevorAndrewManuel. Minister of Finance, hereby, direct that any sum due by any residentof the Republic of South Africato any of the following organisations or individuals listedin the Schedule hereunder shall be paid into a blocked account as referred to in the aforesaid Exchange Control Regulations.
<fn>GOV-ZA.22757En.2012-02-10.en.txt</fn>
By virtue of the powers vested in me by paragraph (a) of the definition of "official rate of interest" in paragraph I of the Seventh Schedule to the Income Tax Act, 1962 (Act No.
<fn>GOV-ZA.22791En.2012-02-10.en.txt</fn>
No. 25 of 2001: Counterfeit Goods Amendment Act, 2001.
(Assented to 24 October 2001.
To amend the Counterfeit Goods Act, 1997, so as to amend the definition of "intellectual property right"; to make further provision regarding an inspector's powers in relation to counterfeit goods; and to effect a technical correction; and to provide for matters connected therewith.
Amendment of section 1 of Act 37 of 1997 1.
"(a) means the rights in respect of a trade mark conferred by the Trade Marks Act, 1993 (Act No. 194 of 1993), and includes rights in respect of a trade mark contemplated in section 35 of that Act;".
Amendment of section 5 of Act 37 of 1997 2.
"(4A) If the magistrate or judge contemplated in subsection (4)(a) does not confirm the acts performed by the inspector, the inspector must return any goods seized forthwith and make good any damage caused.".
Substitution of section 21 of Act 37 of 1997 3.
(Act No. 51 of 1977), the provisions of this Act will do not detract from a person's civil or criminal liability, in terms of any other law, on account of his or her infringement of any intellectual property right and or from the capacity or competence in terms of any law to institute civil or criminal proceedings in respect of such infringement.
This Act is called the Counterfeit Goods Amendment Act, 2001.
<fn>GOV-ZA.22792En.2012-02-10.en.txt</fn>
No. 26 of 2001: Trade Practices Amendment Act, 2001.
To amend the Trade Practices Act, 1976, so as to provide for theprohibition of certain practices relating to sponsored events and toincrease the penalties for the contravention of, or failure to complywith, the provisions of the said Act; and to provide for matters connectedtherewith.
Amendment of section 9 of Act 76 of 1976 1.
"(d) in connection with a sponsored event, make, publish or display any false or misleading statement, communication or advertisement which represents, implies or suggests a contractual or other connection or association between that person and the event, or the person sponsoring the event, or cause such statement, communication or advertisement to be made, published or displayed.".
Substitution of section 19 of Act 76 of 1976 2.
in the case of a second or subsequent conviction, to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.
This Act is called the Trade Practices Amendment Act, 2001.
<fn>GOV-ZA.227areplytofriedmanstrongwardcommitteesonlypartofthesolutionEn.2012-02-10.en.txt</fn>
the recognition of the leader of the largest opposition party in the Assembly as the Leader of the Opposition.
<fn>GOV-ZA.22808En.2012-02-10.en.txt</fn>
No. 23 of 2001: Higher Education Amendment Act, 2001.
(Assented to 30 October 2001.
To amend the Higher Education Act, 1997, so as to provide that the Higher Education Quality Committee is deemed to be accredited as an Education and Training Quality Assurance Body; to provide for the establishment of interim councils for new, declared or merged public higher education institutions; to provide for the dissolution of the council of a public higher education institution if 75 per cent or more of the members resign, and for the constitution of a new council; to provide for a seat for a public higher education institution; to provide for the conferring of degrees and honorary degrees by a public higher education institution; to provide for the repeal of the Certification Council for Technikon Education Act 1986, the universities' Private Acts and certain obsolete Acts; to make certain textual alterations; and to provide for matters connected herewith.
Amendment of section 7 of Act 101 of 1997 1.
"(1A) The Higher Education Quality Committee is deemed to be accredited by SAQA as an Education and Training Quality Assurance body primarily responsible for higher education.".
Amendment of section 8 of Act 101 of 1997 2.
"(6) The Minister must appoint six non-voting members of the CHE nominated respectively by the Director-General, the Provincial Heads of Education, the Director-General of the Department of Arts, Culture, Science and Technology, the Director-General of the Department of Labour, the Foundation for Research Development, established in terms of the Research Development Act, 1990 (Act No. 75 of 1990), the Centre for Science Development of the Human Sciences Research Council, established in terms of the Human Sciences Research Act, 1968 (Act No. 23 of 1968) the National Research Foundation established in terms of the National Research Foundation Act, 1998 (Act No 23 of 1998), and SAQA ".
Amendment of section 17 of Act 101 of 1997 3.
"(b) in the case of the chairperson chairpersons of the CHE and the Higher Education Quality Committee, such additional remuneration,".
Amendment of section 20 of Act 101 of 1997 4.
establish an interim council for a period not exceeding six months, to perform the functions relating to the governance of the institution, except the making of an institutional statute.
once for a further period not exceeding six months.
four other members.
The interim council must co- opt three members of the interim management contemplated in subsection (10)(a) and these co-opted members have no voting powers.
ensure that such other structures as may be determined in the standard institutional statute contemplated in section 33(3) are constituted.
Any decision of the interim council which may affect the right of any structure of the public higher education institution, may only be taken after consultation with such structure.
Amendment of section 21 of Act 101 of 1997 5.
Amendment of section 23 of Act 101 of 1997 6.
establish an interim council for a period not exceeding six months, to perform the functions relating to the governance of the single public higher education institution contemplated in subsection (1), except the making of an institutional statute.
The Minister may extend the period referred to in subsection (5) once for a further period not exceeding six months.
may not include any member of staff, or student, from the public higher education institutions concerned.
The interim council must co-opt three members of the interim management contemplated in subsection (10)(a) and these members have no voting powers.
Amendment of section 26 of Act 101 of 1997, as amended by section 3 of Act 55 of 1999 7.
"(3) Subject to subsection (4), a structure referred to in subsection (2)(a), (b), (e), (f) and (g) must elect a chairperson, vice-chairperson and other office-bearers from among its members in the manner determined by the institutional statute or an Act of Parliament.".
Amendment of section 27 of Act 101 of 1997 8.
"(1) The council of a public higher education institution must govern the public higher education institution, subject to this Act, any other law and the institutional statute."
(8) If 75 per cent or more of the members of the council of a public higher education institution resign at a meeting of council, it is deemed that the council has resigned.
If a council resigns as contemplated in subsection (8) a new council must be constituted in terms of the institutional statute of the public higher education institution.
Amendment of section 28 of Act 101 of 1997 9.
"(3) The number of persons contemplated in subsection (2)(b), (c), (d), (e), (f) and (g) and the manner in which they are appointed or elected, as the case may be, must be determined by the institutional statute or an Act of Parliament.".
Amendment of section 29 of Act 101 of 1997 10.
"(4) The composition, manner of election, functions, procedure at meetings and dissolution of a committee and a joint committee are determined by the institutional statute , or institutional rules or an Act of Parliament.".
Amendment of section 31 of Act 101 of 1997 11.
"(3) The number of persons contemplated in subsection (2) and the manner in which they are appointed or elected, as the case may be, are determined by the institutional statute oran Act of Parliament.".
Amendment of section 32 of Act 101 of 1997 12.
"(a) an institutional statute, subject to section 33, to give effect to any law relating to the public higher education institution and to promote the effective management of the institution in respect of matters not expressly prescribed by any law matter not expressly prescribed by this Act; and".
Substitution of section 35 of Act 101 of 1997 13.
The establishment and composition, manner of election, term of office, functions and privileges of the students' representative council of a public higher education institution must be determined by the institutional statute and the institutional rules.
Substitution of section 36 of Act 101 of 1997 14.
Every student at a public higher institution is subject to such disciplinary measures and disciplinary procedures as may be determined by the institutional statute, subject to section 32(2)(d) or the institutional rules.
Substitution of section 41A of Act 101 of 1997 15.
"(1) If an audit of the financial records of a public higher education institution, or an investigation by an independent assessor as contemplated in section 47, reveals financial or other maladministration of a serious nature at a public higher education institution or the serious undermining of the effective functioning of a public higher education institution, the Minister may, after consultation with the council of the public higher education institution concerned, if practicable, and notwithstanding any other provision of this Act or a private Act of Parliament, appoint a person as administrator to take over the authority of the council or the management of the institution and perform the functions relating to governance or management on behalf of the institution for a period not exceeding six months determined by the Minister, and such period may not exceed two years.".
Amendment of section 53 of Act 101 of 1997, as amended by section 8 of Act 55 of 1999 and section 7 of Act 54 of 2000 16.
"(c) complies with any other reasonable requirement determined by the registrar which may include a requirement that none of the words or any derivatives of the words 'university' or 'technikon' may appear in the name of the applicant prescribed by the Minister.".
Amendment of section 54 of Act 101 of 1997, as amended by section 8 of Act 54 of 2000 17.
(3) Notwithstanding subsection (1), the registrar may condition ally provisionally register an applicant, other than a foreign juristic person, who does not fulfil the requirements for registration other than a foreign juristic person contemplated in section 53 if the registrar believes that the applicant will be able to fulfill the relevant requirements within a reasonable period.
as soon as practicable after the decision, publish the certificate of conditional provisional registration in the Gazette.
"(b) fails to satisfy the requirements for registration specified by the registrar, the applicant's conditional provisional registration lapses.".
Substitution of section 55 of Act 101 of 1997 18.
its registration number and an indication that it is registered or conditionally provisionally registered on all its official documents.
If the registrar has cancelled the registration or conditional provisional registration of a private higher education institution under section 62, the private higher education institution must return the original certificate of registration or conditional provisional registration to the registrar within 14 days.
Amendment of section 58 of Act 101 of 1997 19.
"A private higher education institution may apply to the registrar to amend its registration or conditional provisional registration-".
Amendment of section 59 of Act 101 of 1997 20.
"(i) amend the certificate of registration or conditional provisional registration accordingly;".
Amendment of section 60 of Act-101 of 1997 21.
any amendment of its registration or conditional provisional registration.
Amendment of section 62 of Act 101 of 1997 22.
"(1) Subject to section 63, the registrar may, on reasonable grounds, cancel any registration or conditional provisional registration in terms of this Act.".
Amendment of section 64 of Act 101 of 1997 23.
Section 64 of the principal Act is hereby amended by the deletion of subsection (4).
Insertion of sections 65A, 65B and 65C in Act 101 of 1997 24.
65A. (1) The seat of a public higher education institution is the physical location of the institution, as contemplated in sections 20(3)(c) and 21(2)(c), where an institution carries out its teaching activities and must be defined in the institutional statute.
Subject to the approval of the Minister, a public higher education institution may conduct its teaching activities beyond the seat contemplated in subsection (1).
If the teaching activities contemplated in subsection (2) fall within the seat of another public higher education institution or at a place where the teaching and research activities of another public higher education institution are conducted, the Minister's approval is subject to consultation with such other public higher education institution.
65B. (1) A public higher education institution may, subject to its institutional statute and this Act, award diplomas and certificates and confer degrees.
completed the work and attained the standard of proficiency determined through assessment as required by the senate of the public higher education institution, subject to section 7.
65C. (1) Subject to its institutional statute, a public higher education institution may, without examination, confer honorary degrees of master or doctor in any faculty upon any person whom the public higher education institution may deem worthy of such a degree.
The award of a degree contemplated in subsection (1) does not entitle the holder to practice any profession.
Amendment of section 72 of Act 101 of 1997 25.
Education Amendment Act, 2001.
The laws listed in the Schedule are hereby repealed.
Notwithstanding subsection (1), section 3(4), (5) and (6) of the University of Cape Town (Private) Act, 1999 (Act No. 8 of 1999), continue to exist as if that Act had not been repealed.
"Council" means the Certification Council for Technikon Education established by section 2 of the Certification Council for Technikon Education Act, 1986 (Act No.
"repealed Act" means the Certification Council for Technikon Education Act, 1986 (Act No. 88 of 1986), as it existed immediately before its repeal by section 24.
The CHE must ensure that certificates for agricultural college training issued by the CHE and the relevant agricultural college, represent the required standard of education and training.
An agricultural college that was accredited as an examination body by the Council prior to the commencement of this Act continues to operate as an examining body.
The norms, standards and conditions contemplated in section 9(1)(b) of the repealed Act which existed in respect of the accreditation of an examining body immediately before the commencement of this Act, remain in full force and effect until repealed or overridden in terms of the principal Act.
determined by the CHE.
The CHE, in conjunction with an agricultural college, must issue certificates for agricultural college training, in the form prescribed by the CHE in conjunction with the agricultural college, to candidates who have complied with the norms and standards for higher education.
From the date of commencement of this Act, all assets, liabilities, rights and obligations of the Council immediately prior to the commencement of this Act, devolve upon the CHE.
As soon as possible after the commencement of this Act all records, documents and electronic information pertaining to any function performed by the Council must be handed to the CHE.
The CHE is responsible for the safekeeping of all records, documents and electronic information received in terms of subsection (6).
The institutional statutes of universities that existed prior to the commencement of this Act continue to exist and are deemed to have been made under the principal Act.
If there is a matter contained in a Private Act but not dealt with in the principal Act or the relevant institutional statute, and which is indispensable for the effective functioning of a university, such provision in the Private Act is deemed to remain in force for a period not longer than two years, despite the repeal of such Private Act.
This Act is called the Higher Education Amendment Act, 2001.
Laws repealed (section 26) Rhodes University (Private) Act, 1949 (Act No. 15 of 1949); University of the Orange Free State (Private) Act, 1949 (Act No.
1949); University Laws Amendment Act, 1953 (Act No.
No. 15 of 1959); University of South Africa Act, 1959 (Act No.
(Act No. 36 of 1959); Universities Amendment Act, 1959 (Act No. 82 of 1959); Rhodes University Act Amendment (Private) Act, 1960 (Act No.
1960); University of Natal (Private) Act, 1960 (Act No. 7 of 1960); Universities Amendment Act, 1961 (Act No.
Act, 1962 (Act No. 29 of 1962); University of Port Elizabeth Act, 1964 (Act No.
University of South Africa Amendment Act, 1964 (Act No.
Rhodes University (Private) Act Amendment Act, 1965 (Act No.
University of Port Elizabeth Amendment Act, 1965 (Act No.
Universities Amendment Act, 1965 (Act No.
Rand Afrikaans University Act, 1966 (Act No.
University of Port Elizabeth Amendment Act, 1967 (Act No.
University of South Africa Amendment Act, 1967 (Act No.
Universities Amendment Act, 1968 (Act No.
University of the Witwatersrand, Johannesburg, (Private) Amendment Act, 1968 (Act No.
University of Fort Hare Act, 1969 (Act No.
University of Zululand Act, 1969 (Act No.
University of the North Act, 1969 (Act No.
University of South Africa (Private) Amendment Act, 1969 (Act No.
University of Port Elizabeth (Private) Amendment Act, 1969 (Act No.
Universities Amendment Act, 1969 (Act No.
Rand Afrikaans University (Private) Amendment Act, 1969 (Act No.
Rand Afrikaans University (Private) Amendment Act, 1970 (Act No.
University of Fort Hare Amendment Act, 1971 (Act No.
University of the Orange Free State (Private) Amendment Act, 1971 (Act No.
Black Education Account Abolition Act, 1972 (Act No.
Rhodes University (Private) Amendment Act, 1972 (Act No.
Black Universities Amendment Act, 1973 (Act No. 6 of 1973); Rhodes University (Private) Amendment Act, 1973) (Act No.
University of South Africa (Private) Amendment Act, 1973 (Act No.
University of the Orange Free State (Private) Amendment Act, 1974 (Act No.
Universities Amendment Act, 1975 (Act No.
Medical University of Southern Africa Act, 1976 (Act No.
University of Port Elizabeth (Private) Amendment Act, 1976 (Act No.
Black Universities Amendment Act, 1977 (Act No.
Universities Amendment Act, 1977 (Act No.
University of Natal (Private) Amendment Act, 1977 (Act No.
University of the Orange Free State (Private) Amendment Act, 1978 (Act No.
Universities for Blacks Amendment Act, 1979 (Act No.
Rhodes University (Private) Amendment Act, 1979 (Act No.
University of Natal (Private) Amendment Act, 1979 (Act No.
University of Port Elizabeth (Private) Amendment Act, 1979 (Act No.
University of the Witwatersrand, Johannesburg, (Private) Amendment Act, 1980 (Act No.
Rand Afrikaans University (Private) Amendment Act, 1980 (Act No.
Universities for Blacks Amendment Act, 1982 (Act No.
Rand Afrikaans University (Private) Amendment Act, 1982 (Act No.
Technikons (Education and Training) Amendment Act, 1983 (Act No.
University of Port Elizabeth (Private) Amendment Act, 1983 (Act No.
Rhodes University (Private) Amendment Act, 1983 (Act No. 69 of 1983); University of Natal (Private) Amendment Act, 1983 (Act No.
University of the Western Cape Act, 1983 (Act No.
University of Durban-Westville Act, 1983 (Act No.
Universities Amendment Act, 1983 (Act No.
Rand Afrikaans University (Private) Amendment Act, 1983 (Act No.
Universities, National Education Policy and Technikons Amendment Act, 1984 (Act No.
Technikons (Education and Training) Amendment Act, 1984 (Act No.
Tertiary Education (Education and Training) Act, 1984 (Act No.
University of the Orange Free State (Private) Amendment Act, 1984 (Act No.
University Staff (Education and Training) Amendment Act, 1985 (Act No.
Universities and Technikons for Blacks, Tertiary Education (Education and Training) and Education and Training Amendment Act, 1986 (Act No.
Universities Amendment Act, 1986 (Act No.
Certification Council for Technikon Education Act, 1986 Act No.
1986); Technikons (National Education) Amendment Act, 1986 (Act No.
Rhodes University (Private) Amendment Act, 1986 (Act No.
Universities (Education and Training) Amendment Act, 1987 (Act No.
Rand Afrikaans University (Private) Amendment Act, 1987 (Act No.
Education Laws (Education and Training) Amendment Act, 1987 (Act No.
Education Laws (Education and Training) Amendment Act, 1988 (Act No.
Technikons (National Education) Amendment Act (House of Assembly) Act, 1988 (Act No.
University of Port Elizabeth (Private) Amendment Act, 1988 (Act No.
Rand Afrikaans University (Private) Amendment Act, 1989 (Act No.
University of the Orange Free State (Private) Amendment Act, 1989 (Act No.
Universities Amendment Act, 1989 (House of Assembly) (Act No.
Universities and Technikons (Education and Training) Amendment Act, 1990 (Act No.
University of Pretoria (Private) Act, 1990 (House of Assembly) (Act No.
Universities and Technikons Advisory Council Amendment Act, 1991 Act No.
University of the Witwatersrand, Johannesburg, (Private) Amendment Act, 1991 (House of Assembly) (Act No.
Universities Amendment Act, 1991 (Act No.
University of the Orange Free State (Private) Amendment Act, 1992 (House of Assembly) (Act No.
University of Port Elizabeth (Private) Amendment Act, 1992 (House of Assembly) (Act No.
University of Stellenbosch (Private) Act, 1992 (House of Assembly) (Act No.
University of the North Amendment Act, 1992 (Act No.
Universities Amendment Act, 1993 (Act No.
University of Durban-Westville Amendment Act (House of Delegates), 1993 (Act No.
University of South Africa (Private) Amendment Act (House of Assembly), 1993 (Act No.
University of the Witwatersrand, Johannesburg, (Private) Amendment Act, 1993 (House of Assembly) (Act No.
Potchefstroomse Universiteit vir Christelike Hoer Onderwys (Private) Act (House of Assembly), 1993 (Act No. 80 of 1993); University of the Orange Free State (Private) Amendment Act, 1993 (House of Assembly) (Act No. 81 of 1993); University of Pretoria (Private) Amendment Act, 1993 (House of Assembly) (Act No. 158 of 1993); Rhodes University (Private) Amendment Act (House of Assembly) Act, 1993 (Act No. 159 of 1993); University of Natal (Private) Amendment Act, 1993 (House of Assembly) (Act No. 163 of 1993); Certification Council for Technikon Education Amendment Act, 1993 (Act No. 185 of 1993); University of North-West (Private) Act, 1996 (Act No. 17 of 1996); University of Zululand (Private) Amendment Act, 1996 (Act No. 80 of 1996); University of Transkei (Private) Act, 1996 (Act No. 81 of 1996); University of Durban-Westville (Private) Amendment Act, 1996 (Act No. 82 of 1996); University of Port Elizabeth (Private) Amendment Act, 1996 (Act No. 83 of 1996); University of Venda (Private) Act, 1996 (Act No. 89 of 1996); University of the Witwatersrand, Johannesburg (Private) Amendment Act, 1997 (Act No. 21 of 1997); Medical University of Southern Africa (Private) Amendment Act, 1997 (Act No. 25 of 1997); University of Durban-Westville (Private) Amendment Act, 1997 (Act No. 32 of 1997); University of Cape Town (Private) Act, 1999 (Act No. 8 of 1999).
<fn>GOV-ZA.22832En.2012-02-10.en.txt</fn>
No. 24 of 2001: National Health Laboratory Service Amendment Act, 2001.
To amend the National Health Laboratory Service Act, 2000, so as to provide for pension options to employees of bodies that are to be replaced by the National Health Laboratory Service; and to provide for matters connected therewith.
Addition of item X to Schedule to Act 37 of 2000 1.
become a member of a pension scheme to be established by the Service.
For the purposes of the Income Tax Act, 1962 (Act No. 58 of 1962), no change of employer is deemed to have taken place when an employee's pension choice changes in terms of this item.
This Act is called the National Health Laboratory Service Amendment Act, 2001, and comes into operation on a date determined by the President by proclamation in the Gazette.
<fn>GOV-ZA.22877En.2012-02-10.en.txt</fn>
The Minister of Finance has under section42, read with section 6(l)(c) of the Unit Trusts Control Act, 1981 (Act No. 54 of 1981), made the Regulationsin the Schedule.
In these Regulations theAd' means the Unit Trusts Control Act, 1981 (Act No.
"EXCHANGE", mean:; a licensed financial exchange as defined in section 1 of the exchange as defined in section 1 of the Stock Exchanges Control Act, 1985 (Act No.
asset referred to in paragraphs (l), (2)and (3).
In the applicationofsubregulation (1) amanagementcompanymayonlysell option contracts which have previously been bought.
Thesumof thenominalexposures to liquid instrumentsasaresultofthe inclusion of financial instruments in a unit portfolio, together with the market valueof all the physical underlying securities in the unit portfolio, may not exceed 100 percent of the market value of the unit portfolio, or the nominal exposulre may not have a value at any time less than that required by section 6(2) of the Act.
of section 6(l)(a) of theAct in respect of excesseswhicharedueto appreciations or depreciations of the market value ofthe relevant securities, or an amalgamation, cession, transfer or take-over in terms of section 24 of the Act, applymutatis mutandis.
sells call options or call warrants may maintain a bought call option or bought call warrant only if the strike price of the bought call options or call warrants are lower than the soldcall option or call warrant in place of underlying assets as.
The number of contracts.
(b)The relevant contract size.
The current market value of the underlying asset, group of underlying assets or an index.
The number of optionor warrant contracts.
The current market value of one relevant underlying asset, one group of, the underlying assets, an index or index future.
The delta factor being one.
The exposure, calculated in accordance with regulation5(1) or 5(2).
The transaction sign.
The transaction sign is positive for any financial instrument purchased and negative for any financial instrument sold.
The nominal exposure to financial instruments on any underlying assetis the sum of the nominal exposure of all financial instruments on the underlying asset.
After the inclusion of a financial instrument in a unit portfolio, and while a financial furnish the registrar within30 days after the last business day of each quarter witha report substantially conforming to ReportAI, attached to these Regulations.
These Regulations shall be called the Financial Instrument Regulations, 2001, and come into operation on 1December 2001.
with the Financial Instrument Regulations, 2001 (the Regulations), promulgated under section 42, read with section6 (1) ((c), of the Unit Trusts Control Act, 1981 (Act No. 54 of 1981).
Compliance with tlhe Regulations and the maintenance of an effective system of internal control is the responsibility of the directors of the management company.
the internal controls operated as designed throughout the quarter ended.
Because of inherent limitations in any system of internal control, errors or irregularities may occur and not be detected. Also, projections of any evaluationof the internal controls to future periods are subject to the risk that the systernof internal control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate.
We conducted our audit in accordance with generally accepted auditing standards. These standards require that we adlopt procedures to obtain an understanding of the system of internal control designed to ensure compliance with the Regulations, to test the operating to evaluate the adequacy of the controls and effectiveness of those controls. We consider that our auditing procedures were appropriate in the circumstances to express our opinion presented below.
the systemof'internal control designedto ensure compliance with the Regulations, operated as designed throughout the quarter ended.
<fn>GOV-ZA.228AddressByPresitJacobZumaAtTheOfficialOingOfTheNationalHouseOfTraditionalLeadersNationalAssemblyCapeTownEn.2012-02-10.en.txt</fn>
It is always a pleasure to meet with the National House of Traditional Leaders.
Thank you for affording me the opportunity once again to officially open this august House.
We meet on a sad day given the news of the passing of an outstanding woman and beloved leader of our people, Mama Albertina Sisulu.
We all drew courage from her strength and learned a lot from her resilience and determination to fight on until freedom was achieved by the people of this land.
She bravely stood up against apartheid brutality and never compromised on her belief in the right to human dignity, justice and freedom.
She was not just a spouse to our beloved leader and stalwart Walter Sisulu, but was a leader of the mass democratic movement in her own right.
We are losing a warm, loving, inspiring leader who was always there for all, especially the poor and the downtrodden. Hers was indeed a life well lived.
We extend our deepest condolences to the family during this difficult time.
We meet just two weeks after the successful local government elections.
I wish to thank the members of the National House, the Provincial Houses and all traditional leaders including your respective communities for your contribution to the success of the elections.
Residents from communities led by traditional leaders across the country came out in numbers to cast their votes.
This demonstrates that traditional leaders are no strangers to democracy. The traditional system of governance has historically involved a lot of community participation.
That is why you encouraged your people to go and vote for parties and leaders of their choice.
The success of the elections has illustrated the importance that South Africans are beginning to place on this sphere of government. It also indicated the depth of their concerns with service delivery and municipal accountability.
With the elections having passed, we have to work harder to improve service delivery in all municipalities.
We have set ourselves certain targets to be met by the year 2014, and traditional leaders are key partners in meeting these objectives in rural areas.
For example, we are committed to improve universal access to basic services by increasing access to water from 92% to 100%, sanitation from 69% to 100%, refuse removal from 69% to 75% and electricity from 81% to 92%.
We also want to see improved financial management so that money can be utilized for service delivery in our municipalities.
Government's Operation Clean Audit is making steady improvements in the financial and administrative capability of all 283 municipalities.
Functional internal audit units have been established in 263 municipalities, and 268 municipalities have established functional audit committees.
This should go a long way to helping us improve the way finances are managed.
We declared in the State of the Nation Address this year that job creation was going to be our number one priority.
While the creation of decent work remains our primary focus, we also continue to invest in the expanded public works programme which provides work opportunities to alleviate poverty and enable our people to obtain skills, especially in rural areas.
The Community Work Programme is making a notable difference in the lives of communities in times of challenging national and global economic conditions.
Eighty nine thousand six hundred and eighty nine work opportunities were created by March 2011 across 46 municipalities and 410 wards.
We spoke in the State of the Nation Address as well about the need to fill all funded vacancies in government.
By March this year, the filling of the top six critical posts in municipalities had improved significantly in all 283 municipalities.
Two hundred and thirty four municipalities had filled the municipal manager posts, representing 82% of filled posts nationally.
A total of 242 chief financial officer posts have also been filled, representing 85% of filled posts nationally.
A total of 218 technical services or engineers posts were filled representing 77 filled posts nationally, while 120 municipalities have filled development and town planning posts.
Of concern are communication posts. Only 78 out of 283 municipalities have filled their critical communication posts.
The 61% communication vacancy rate requires urgent attention as local government has to improve its relationship and communication with citizens.
Communication and community liaison work will be critical going forward as some of the problems are caused by poor communication and interaction between the people and local government authorities.
While still on the subject of local government, let me take this opportunity to appraise you on some challenges faced especially by the ruling party in some communities relating to the election candidate list processes.
You may have seen protests in some of your areas, people refusing to accept the swearing in of councilors until their complaints about their legitimacy or lack of it is resolved.
The ruling party has appointed a committee to investigate this matter so that we can remove those people who entered the list process fraudulently.
We urge people to be patient while this matter is being resolved. The disruptions of swearing-in ceremonies and other activities will not resolve the matter. The mechanisms that have been put in place will certainly assist to correct whatever anomalies may have been created.
You will recall that on 23 February 2010, when I addressed the National House of Traditional Leaders, a number of issues were raised and deliberated upon.
On 20 April 2010, I had engaged with the members of the House in further talks, during the debate of my speech in Pretoria.
I am going to reflect on some of the issues raised during these engagements last year.
In April last year we established the Department of Traditional Affairs. This signifies the importance of the role played by traditional leaders in the lives of our people especially in rural areas.
The incorporation of the traditional leaders in governance, and the elevation of traditional affairs from being dealt with at a chief directorate level to a departmental level depict our efforts as government in promoting both the recognition and restoration of the dignity of traditional leaders.
This means we are also achieving the restoration of the dignity of people who fall under the traditional leadership authorities.
The Department of Traditional Affairs has to give support to the National House of Traditional Leaders, the Commission on the Disputes and Claims and the Commission on the Protection of the Rights of the Cultural, Religious and Linguistic Commission.
On the issue of the Disputes and Claims Commission, the Report on Kings and Queens has been released to the affected parties.
I would like to applaud the National House for the responsible way in which it dealt with the process of releasing the Report on Kings and Queens.
Recognition Certificates have been issued to seven Kings: Three in Eastern Cape, two in Mpumalanga and two in the Free State.
The five Commissioners on Traditional Disputes and Claims have been appointed, and they assumed their work in January 2011.
The establishment of Provincial committees is in the process of being finalized and all claims and disputes pertaining to other categories of traditional leadership below the kingships have been received and investigations have begun.
One of the key issues raised by traditional leaders last year was the relationship between the institution of traditional leadership and local government.
It is critical that there be cordial working relations between traditional leaders and municipalities so that we can make progress with rural development and poverty alleviation in the rural areas.
After much deliberation, we agreed to a summit the institution of traditional leadership and local government to discuss how these two institutions would work together.
The Summit will in essence help us to clarify the place and role of traditional leaders in a democratic society and how the institution must relate to organs of the state especially at the local government level.
The Summit was postponed to later this year because of the local government elections and also to allow time for an assessment of the state of governance of traditional affairs in the various provinces.
To date, six provincial assessments have been conducted in the Northern Cape, Mpumalanga, Free State, Eastern Cape, Gauteng and Limpopo, whilst KwaZulu-Natal and North West will be assessed soon.
There were indeed poor relations between elected local government councilors and traditional leaders in some areas.
I have no doubt that the assessment will contribute effectively to the enhancement of the institution of traditional leadership and the success of the envisaged summit.
It is good that by the time the summit takes place, the new municipal leadership would have settled and work will begin to build relations.
Such relations, in our view, should take into account the different roles of traditional leaders who are born into their positions and councilors who are elected representatives.
One cannot replace the other, but there should be a cooperative working relationship.
Let me add also that the Seriti Commission is going ahead with its work regarding the determination of the tools of the trade and other benefits for traditional leadership.
I have been informed that the National House has submitted its inputs to the commission.
It also gives me pleasure to announce that the work regarding the determinations on headmen and local houses of traditional leaders is going ahead. In its next report the Commission will also reflect on these.
We have made progress with regards to the mainstreaming of traditional affairs in governance nationally. There is still a lot of work to do, but we will succeed if we work together with this House, as government.
In June last year, South Africa hosted a very successful Soccer World Cup that saw many people grace our shores.
The tournament brought together the whole world, united by the love of soccer, and left a legacy that is there for everybody to see and benefit from.
On the 11th of June we will be marking the first anniversary of this African milestone which captured the imagination of the whole world, and which united South Africans behind their flag and country.
It was a moment of immense joy and pride for South Africa and Africa and one that will remain forever etched in our history as one of our greatest achievements since the attainment of freedom.
We want the fruits of the World Cup to be visible through investments in sports development.
Government will invest in sports and recreation in rural areas as well, not just in the cities and townships. We will no doubt need to work with traditional leaders in some of these programmes in rural areas.
Let me also take this opportunity to congratulate Kgosi Maubane and Kgoshigadi Mothapo for being elected Chairperson and Deputy Chairperson of the National House of Traditional Leaders, respectively.
The election of Kgoshigadi Mothapo in particular, as the first female traditional leader to serve in the National House of Traditional Leaders, is a noticeable achievement in the fight against gender inequality in the institution and in society generally.
In closing I would like to emphasize that the task of strengthening democracy in our country and improving the lives of all South Africans is the responsibility of all the leaders in our country - traditional, religious and the elected.
Working together we will continue to achieve more.
It is my pleasure to declare the National House of Traditional Leaders open for business.
<fn>GOV-ZA.22920En.2012-02-10.en.txt</fn>
The 2001 MediumTermBudgetPolicyStaternenttabledinParliament on 30 October 2001 contained the 2002 Budget proposals. Chapter 5 and 6 of that document provided infomation on the proposed division of revenue between the three spheres of government, including all grants to provincial and local governments for their 2002103 to 200405 budgets.
This document expands on the MediumTermBudgetPolicyStatement, and provides more detailed information, including the division of grants. between provincial and local governments.
draft of the Division-of Revenue Bill, together WitKan explanatory memorandum,. is published in this document. These documents have in the past only being publishedon Budget Day -the earlier publication for the next budget will enable various stakeholders a second opportunity to comment on the various grants.
The main component of the 2002 Division of Revenue Bill is its Schedules, which contain all the allocations. The memorandum provides further information on the various formulae for dividing suchgrants, and any conditions that may apply. It also outlines the process of consultation to determinethisdivision of revenue, and the response of the national governmentto proposals presented by the Financial and Fiscal Commission. This is also a legal requirement in terms of the Constitution and related legislation.
The Draft Division of Revenue Bill.
Members of Parliament, provincial legislatures, municipal councils, the South AfricanLocal GovernmentAssociation(SALGA)anditsprovincialassociations, the Financial and Fiscal Commission and the public are invited to comment on the four parts of this document: the Bill, its Schedule of Allocations, the Explanatory Memorandumand its Appendix. Comments must be submitted no later than 21 January 2002 in order to be taken into account for the 20 February 2002 Budget. Further participation is also possible during the Parliamentary hearings after the tabling of the Budgets.
All allocations in this document are preliminary, and may change when the Budget is tabled on 20 February 2002. The occasional small differences betweenthe amounts in the memorandumand those in the scheduleof the Bill are due to rounding off of figures.
Like with all National Treasury documents, this document and the Medium Term Budget Policy Statement are available onthe National Treasury website, www.treasury.gov.za.
Section 214 of the Constitution requires that every year an Act of Parliament (Division of Revenue Act) determine the equitable division of resources between the three spheres of government, and the horizontal divisionamong provinces. It also spelis out the criteria for determining the division of revenue, and the consultations necessary before the enactment of the Division of Revenue Act.
The Intergovernmental FiscalRelationsAct, .1997 (Act No 97 of 1997) giveseffect to the Constitution by spelling outthe process of consultation in enacting the Division of Revenue Bill. It establishes the Budget Council and Budget Forum-the consultative intergovernmental forums for the budget process. Sections 9 and lO(4) of the Act set out the consultation process, including consideration of recommendations of the Financial and Fiscal Commission(FFC)on the equitable division of nationally-raised revenues. Section lO(5) of the Act alsorequires an explanatory memorandum detailing how the Division of Revenue Bill takes account of -each of the matters listed in Section 214(2)(a) to (i) of the Constitution; recommendations of the Financial and Fiscal Commission (FFC); and assumptions and formulae used in arrivingat the respective shares contained in schedules 1and 2 of the Bill.
This document is an initialdraft of the explanatory memorandumrequired in terms ofsection 106) of the Intergovernmental Fiscal Relations Act. Although the Act requires this memorandum to be tabled withtheBudgetinFebruary2002,itispublished earlier to allow stakeholders a second opportunity to commenton the proposed allocations. This will also allow Parliament more timetoassess the division of revenue for the 2002 MediumTermExpenditureFramework (MTEF). This documentexpands on the Medium TermBudgetPolicyStatementtabledin Parliament on 30 October 2001.
considered. Part 2 outlines the fiscal framework that informs the division of resources between the three spheres of government. Part 3 sets out how the Bill and the division of resources take into account the matters listed in Section 214(2)(a) to (i) of the Constitution. Part 4 explains the underlyingformulaand criteria for the division of the provincial equitable share between provinces, as well as for the division of conditional grants. Part5 sets out the formula and criteria for dividing the local governmentequitable share and conditional grants among municipalities.
The Division of Revenue Bill and the underlying allocations represent the culminationof extended in-depth consultation. The Budget Council, made upof the Ministerof Finance and the MECs for Finance of all nine provinces, deliberatedon these issues at its annual Lekgotlaon 6 and 7 July and at other meetingson 14 August, 20 September, and 23 October 2001. Consultations over the local government share allocation involvedaMinisterialTaskTeamappointed by Cabinet, a Joint MinMec held on 2 August, and several technical meetings that included the South African Local the FFC were also made at the meetings of the Budget Council and Budget Forum.
Committee on the Budget, composed of national government Ministers, deliberatedon the division of revenue before forwarding it to Cabinet for its consideration.
Cabinet and Premiers of provinces, was also convened on 26 September 2001 to discuss budget priorities and the division of revenue.
The nine provincial-related proposalsare grouped in the following categories: Equitable share (four proposals) Provincial own revenue (three proposals) Contingencyreserveproposal Capitalgrantproposal. The thirteen proposals related to local governments are grouped'in the following categories: Equitable share (two proposaIs) Funding basic municipal services proposal Municipal powers and functions (four proposals) Municipal health services provision (two proposals) Infrastructure funding (two proposals) Borrowing(twoproposals).
0 The need for infrastructure funding, which shouldvary according to policy priorities.
National government concurs with the FFC that it is an overall national responsibility to manage economic and fiscal affairs, and determine the tax bases, tax rates, the level and cost Of servicing thenational debt, and the overall-borrowing requirement. The FFC Supports the approach of national government to deduct debt servicing costs and contingency reserves as a first charge on total revenue collections. The FFC also notes that "any changes to the existing equitable share formula should current as by political The reflect prioritiesdetermined a process". recommendations reflect a need to address a wider spectrum of fiscal issues than in last Year's costed norms proposals.
Government supports the general thrust of the FFC proposals. In fact, the CUrrent approach to the division of revenue and the equitable share allocations assumes that each sphere and each Province and/or local government should be able to fulfil its constitutional mandate beyond the Provision of basic services. It is also informed by variations in fiscal capacities Of the different spheres, but given the poor quality of information available on own revenue, other proxies have to be used to take fiscal effort into account.
The Current approach to the division of revenue is broadly consistent with aspects of the FFC'~ 2001 recommendations.
The 2001 Intergovernmental Fiscal Review emphasised the extent to which the quality of information still has to improve in the public sector. This process, started in 1997, still has to be expanded to the local government sphere and includes the implementation of new budget formats for municipal budgets and the implementation of the Public Finance Management Act and the coming Municipal Finance Management Bill. Whileisitnot possible to properly measurethe cost of services under the current outdatedmunicipalbudgetingand financial system until these reforms are implemented, it is recognised thatbetterinformation on thecost of services is important for further reforms of the fiscal system.
Governmentagreeswith the FFC that provincial andlocalgovernmentsmust prioritise their spending(bothfromtheirownrevenueand equitable share allocation) on constitutionally mandated obligations including the provisionof basic services. However, compliance can only be measured once budget reforms are fully implemented. Provinciallegislatures and municipal councils have a critical role to play in this respect, aided by the annual Intergovernmental Fiscal Review.
The response of the national government is outlined below. Since most of the FFCs provincial proposals are not new, government's response to them is not significantly different from its own past response. However, theFFC's proposals on local government are new, so the response of the national government below is also its first response.
The four 2001 FFC recommendations for the equitable share allocation reflect an ongoing enquiry into the mechanisms for objectively and consultatively determining allocations to provinces. This approach builds on foundations laid in the 2000 recommendations. This memorandum therefore presents the response to the 2000 recommendationsas a precursorto the detailed exposition on this year's recommendations.
The Budget CouncilandCabinetconsidered the 2000 FFC proposals.
A large portion oftherequired information is not currently available. Manyof he desired Output measures, policy parameters and input costs do not currently exist and are difficult or might not be cost-effectivetoprovide. Further, the weights attachedto some of these parameters necessarily involve political judgements.
The allocation process could become biasedin favour of services that can be more easily cost& as opposed to those that are more difficult to cost. Comprehensiveandcross-sectoral determination and agreement on norms and costsseems necessary and this would be a lengthy and difficult exercise.
The cost-based approach can create perverse incentives where provinces are able to act in ways thatincreaseordistortcostsand funding levels. It is unclear how the approach would distinguish cost differentials due to differences in efficiency from those due to factom beyond control of spending agencies. Littleconsideration has been given by the FFC on how such 'moral hazards' can be negatedor minimised.
Policynormsusedtodevelopcost estimates could likely be ambitious, yield unaffordable expenditure projections and reinforce cost-raising tendencies.
The "costed nom approach" could generate unrealistic expectations for additional funds. This could distract from the need by public sector managers to address underlying structural issues that hinder improved service delivery and the effective and equitable use of resources.
This approach creates the impression that provincial education, health and welfare budgets can be calculated at the national level by formula. Overall, dividing resources among spheres by formula appears irreconcilable with the determination of priorities through a political process and could undermine accountabilityfor outcomes flowing from utilisationOfsuch resources.
A review of the current equitable share formula should start by involving the relevant role players in a study to provide clear definitions of constitutionally mandated basic services and other constitutional obligations.
The institutional element for each sphe.
0 The need for infrastructure funding, which should vary accordingto policy priorities.
c. The determination of the equitable shares of nationally collected revenue must proceed from the principle that constitutionally mandated basic services and other constitutional obligations should be prioritised and progressively realised.
8 No. 22920 GAZETTE, d. A review of the current equitable share formula should take account of the pending legislation relating to section228 (Provincial Taxes) of the Constitution and the proposed introduction of a capital grants scheme.
In light of government concerns about the "costed norms approach" (as outlined above), the FFC has been invited to reconsider its Equitable Share proposals. Government concurs that there is a need to develop more precise information to determine the cost of constitutionally mandated basic services and obligations. Such information will improve budget decision-making and could be an important step activity-based In information the 2001 toward costing. collecting for Intergovernmental Fiscal Review, the National Treasury noted the lack of any activity-based cost information, even for large spending centers like hospitals. The collection of more decentralised or activity-based information is being prioritised, but will only be fully achieved in the medium-term, as new budget formats andother reforms are implemented.
The most feasible form of provincial own revenue source are surcharges on personal income taxandfuel levies, in addition to girnbling and bettingtaxes, which are already dedicated provincial revenue sources.
Provinces should be allowed the flexibility to determine their own tax rates within the bands determined by the Minister of Finance.
However, for (a) and (b) above to be operational, given the current tax-to-GDP target adopted by government, taxroomshouldbe created in order to maintain the tax burdenwithin nationally determined targets.
The WC proposals relate to provincial own revenues: proposals for specific taxation authorities; provincial flexibility to determine their own tax rates; and creation of tax room within national targets. These proposals are not new,'and were previously tabled in 1996. National government responded by referring this matter to the Katz Commission in 1998, and thereafter approved a framework in November 1999 in line with the recommendations of the Budget Council Lekgotla. Subsequently, governmentfinaliseda draft Provincial Tau Regulation Process Biz1 that was approved by Cabinet and is currentlybefore Parliament.
The Provincial Tax Regulation Process Bill defines procedures by which the power of provinces to impose taxes is regulated. Under these procedures, a province has control over both the initiation of a provincial tax proposal in accordance with the powers granted to it'under section 228(1), and its ultimate enactment by the provincial legislature.
Budget Council. The submission requirements will facilitate the national review of provincial tax proposals by assisting National Treasury, Budget Council, the FFC and other interested parties in reviewing the merits of each provincial taxation proposal. This includes considering the extent to should be provided within nationally determined taxation targets.
The FFC proposals on provincial own revenue are consistent with government's approach. There are however, slight differences on matters of detail. For instance the ProvinciaI TQX&g&tion Process BiZZ, which is currently before Parliament, envisions identification of specific taxes and rates as an outcome of a technical and political consultative process. In contrast, the FFC has put forward a list of taxes that provinces shouldbe allowed to impose.
One of the taxes proposed by the FFC is a surcharge on personal income tax, a tax option which extensive collaborative research between National Treasury, the South African Revenue Service and the Katz Commission concluded would not be feasible in the current environment. A number of concerns make a personalincome tax surcharge undesirable. These include additional exacerbation of inter-provincial inequalities.
National government, the . Budget Council, and the Katz Commission concluded that a fuel levy surcharge would be less of an administrative burden and has more potential as a future option if concerns about its potential impacts on the nationaleconomy, inflation, and equity canbe resolved. In exploring this option, it willalso be necessary to give consideration to its implications for provincial fiscal capacity and equitable share allocations.
Given the approach of government, it follows that the three FFC recommendations above will be considered in relation to specific taxation proposals made by provinces.
needs for all government spheres and the amounts are approvedin an adjustments budget.
available for equitable share funding and that provinces need financial stability, predictability, and flexibility. Accordingly, itproposes the use of objective criteria in the use Of thecontingency reserve. Althoughtheseconcerns are important, the current process for allocating contingency reserve amounts involves substantial consultation.
On the contingency reserve, government has always engaged in an open consultative process for dividing the reserve amounts, taking into account the spread of unforeseeable and unavoidable spending commitment across spheres. National government is not at this point convinced that it is more efficient for every province to have its o'wn contingency fund. It will nonetheless explore with the FFC opportunities to improve mechanisms for provincial contingencies. This will include the use of criteria for allocating unexpended contingency amounts.
andlor its regulations to ensure stability and predictability inthe use of contingency reserves.
The model is developed for the education, health and social welfare sectors and can be used 10 calculate service and province specific capital needs, as wellas the relative shares for each social sector in a province. The model couldbe extended to cover other functions.
actual grants received and actual capital expenditures. If funds were insufficient to meet the ideal needs, the actuaI transition path wouldfall below the ideal transition path.
The model assumes a 10-year period, from 2001/02 to 2010/11 over which backlogs would be eliminated, assuming a given level of funding per year. Its data inputs, per province, includeactual capital expenditure, efficient capital expenditure, actual capital stock, efficient capital stock for each service and rate of depreciation.
Giventhatinfrastructure is an importantpart of the health, education and rural infrastructure variables of the backlog component, infrastructure needsare part of the relevant conditional grants, and also the equitable share grant as well. Accordingly, the potential practical contributions of the FFC proposed capital grants model should be considered as part of a comprehensive assessment of the equitable share formula's structure and data and its relationship to infrastructure needs funded outside the equitable share formula.
The WC-proposed capital grant model presents some useful ways to analyse infrastructure needs, but national government believes that, in its current form, it would not be practical for allocating infrastructure grants for the reasons listed below.
The model does not take into account the contributions towards capital expenditure from the province's own and equitable share revenue.
The model appears to penalise provinces that made past policychoices to maintain and improve their capital assets, and appears to favour provinces that deferred capital spending.
The proposed model is dependent on data not available atthistime.
Formula data used to calculate dlocations must be independent and safe from manipUlation. me proposed model appears to present opportunities for provinces to present data that Supports increased levels of funding for them.
The scope and detail of the FFC's recommendations on local government are largely supported by nationaI government. Progress in local government transformation requires that financial issues receive specific attention in the forthcoming MTEF cycle, and this contribution is substantive and timely. Some proposals are covered in more detail than others. The FFC has provided two further submissions in July 2001 entitled "Division of municipal powers and functions between district and local municipalities", and "Remunerationof municipal councillors".
recommendations require further work to refine proposals into practical recommendations that can be implemented in the medium to long term. A number of outstanding policy issues, such as the division of non-metropolitan municipal powers and functions between district and local councils, require resolution before these final recommendations can be made. The Department of Provincial and Local Government(DPLG)is currently leading a process to finalise these issues.
An investigation of the implications of these principles for the equitable share formula, funding of districts, funding infrastructure and local government borrowing.
The significance attached to the equitable share mechanism within the fiscal framework for local government is supported, and is already beingimplemented by Government. TheFFC's recommendations regarding infrastructure funding for municipalities, local government borrowing andnon-metropolitanpowersand functions are also supported. The framework should be expanded to spell out the extent and type of local government tax and tariff authority, as well as the role and type of intergovernmental transfers.
The national government does not, however, accept the FFC's suggestion that it provide a once-off conditional grant for debt restructuring and cash flow improvement. The moral hazard implicit in such an approach has been extensively considered and explicitly rejected by government. There is no particular evidence that debt repaymentsare a more significant problem for municipalities than, for example, personnel costs. Itis thus not evident why intervention is required in this instance.
The FFC recommends significant. alterations to the equitable share formula in the long term to improve its accuracy in targeting municipalities with limited tax capacity. The FFCalso recognises the difficulties in making rapid changes, and thus proposes a phased approach to the introduction of reforms. In the medium term, for the beginning of the 2004/05MTEF, it proposes that the local government formula consist of a fiscal capacity measure and an estimated cost of basic municipal services (net of cost-recovery) component. Currently, the basket of services for purposes of the equitable share includes water andsanitation, electricity and refuse removal.
The national government intends, in the interim, to make specific minor adjustments to the current formula, to address problems identified with regardto the funding of the new municipalities.
The national government does not intend making any significant changes to the "S"component of the equitable share grant. As the equitable share is an unconditional transfer, it is unclear what benefit would be derived from introducing further sets of services into the equitable share formula. However, the principle that such funds be included within this transfer mechanism, as opposed to the developmentof a conditional grant, is strongly supported.
The FFC proposalsuseanumber of criteriatodeterminewhethera service is "basic". These include the intergovernmental assignmentof services in the Constitution, that a service must be a basic right and essential for life, part of development and a policy priority. The FFC also stresses the importance of local considerationsandthat some communities mightnot achieve service access in the short term.
The FFC continuestopursueacosted-normsapproach to the vertical division for local government. Although Government has reservations with a costed-norm approachfor the reasons outlined for the 2000 FFC proposals on provincial allocations, it concurs with the FFC regarding the analytical value of more detailed and accurate information on the costing of basic municipal services. This exercise will, however, prove to be extremely difficult at thisstage, given the poor budgeting and classification system. It supports that the FFC undertake a detailed and independent study on current service costs between localities and the underlying costdriversandtheir movement over time.
Government recognises its primary responsibilityfor redistribution, and by implication support for the free basic services commitment. This support is provided for in the equitable share, to avoid moral hazard implicit in a specific conditional grant for this purpose.
However, service delivery subsidies do not necessarily involve cross-subsidies, but to the extent this is what the FFC intends, it must also consider the efficiency costs and potential economic distortions implicit in this approach. This framework and the risks associated with a particular approach need more consideration than receivedto date. The discussion of lifeline tariffs does not recognise the primarily supportive (rather than regulatory) role of national government, but does recognise the importance of a national re-distributive strategy. The central question here is the extent to which local revenue sources can contribute to a subsidisation strategy. Related, the FFC's promotion of a single, supply-side, subsidy mechanismis not appropriate for all localities.
The FFC strongly supports the principle of a single, integrated conditional grant for capital, and its distribution on a three-year basis. It notes that the current fragmentation does not promote an integrated development approach. The FFC also supports a co-ordinated framework for capacity building and welcomes the introductionof the Municipal Systems Improvement Programme.
Government supports this proposal, and has started to implement this framework in the 2000/01 financial year. Giventhat this approach is being phased in over a few years, government also supports the FFC's recommendation to promote better co-ordination betweenvariousnational departments to harmonise the relevant infrastructure grants. Whilst broadly supporting the FFC's recommendationswithregard to anallocation formula and grant-matching, Government recommends. further work before implementingtheseproposals. Governmentnotesthe support from the FFCfor a co-ordinated frameworkfor capacity building.
Further work is requiredon appropriate municipal. revenue instruments, both inthe context of the RSC levies and the broader restructuringof local government. The finalisation of the powers and functions of the sphere and each category of municipality will inform the division of fiscal powers. Though the national government supports, in principle, the relaxation of any spending controls on revenue generated from the RSC levies, this proposal can only be implemented once municipal budgets are more transparent. The municipal budget reforms will require that all expenditure is properly (and consistently) classified and will minimise the risks associated with the removal of these restrictions (for example an uncontrolled expansion of consumption expenditure). Both of the FFC's proposals therefore require more investigation and discussion within this context.
The FFCsupports the national government's intention to promote a local government borrowing market. It proposesarules-basedapproach, andrecommendsregulating the extent to which a municipality may pledge its equitable share revenue to access debt.
The devolution of functions fromnational or provincial government to local government is a complex process, involving not just the shifting of funds (asfunds follow function), but also the shifting of personnel, assets and liabilities. As noted in the 2001Intergovernmental Fiscal Review, the financial impact of shifting staff from provincial to local government can be an extremely costly exercise, which if not managed properly, will squeeze out funds currently available for the delivery of services. Apart from district healthcare, other functions that may be devolved over the medium term include housing and rural water schemes.
A second issue relates to the sequencing of such devolution of functions. This must be informed by a process that prioritises such shifts, as swamping local government with additional functions in an uncoordinated way will risk destabilising that sphere. The timing for such shifts of function must take into account the current capacity of local gov8&nents to perform on their current functions. Further, this approach of decentralisingneed 'notbe', symmetrical, and couldselectively decentralise to categories of municipalities that demonstrate that they are in a position to accept additional functions.
It is in this context that the FFC proposals on district health care must be assessed. This function is currently with provinces and the provincial equikble share formula includes a significant health component. For this reason, the transfer of functions should be duly identified and earmarked in the Division of Revenue Act onthe basis that "funds follow function".
The pace and extent of such decentralisation has also not been finalised, the definition of health service provision has not been clarified and the costs thereof have not been quantified. The FFC proposal that funding for health services be excluded from the local government equitable share for the time is supported.
There are a number of recommendations that the national government is in agreement with and implemented in the medium to long term. A number of outstanding policy issues, such as the division of non-metropolitanmunicipalpowers and functions, require resolution before final recommendations can be made. The timing for implementing many of the reforms must take into account that the new municipalities will require some time to integrate and stabilise their delivery capacity.
Table E-1 presents the medium term macroeconomicframework for the 2002 Budget, as tabled in the MTBPS. The macroeconomic frameworksets out the growth assumptions and policytargets on which thefiscal framework is based.
Before resources canbe divided, provision must be made for national commitments such as debt service costs and a contingency reserve. Debt servicing obligations of R48billion, R50,6billion and R53,l billion are projectedfor the three MTEF years, and the contingency reserveamounts to R2 billion, R4 billion and R8 billion. Once these allocations are deducted, the total to be shared between the three spheres amounts to R232,6 billion, R250,3billion and R266,2billion over the three MTEF years. This pool of revenue is available for sharing between national, provincial and local spheres. TableE-2 sets out the impact' of these decisions on the division of revenue.
Total expenditure allocation National allocation 4,o to the local governmentshare.
The division of resources between the three spheres is determined primarily by the initial baseline allocations in the 2001 Budget (reflecting current priorities), together with the additional priorities identified for the additional resources in the framework. Hence, changes are generally restricted to the margin.
Poverty alleviation programmes, including social.
Providing adequate learning support materialsfor schools.
These priorities determine how the additional allocations are to be divided between the spheres of government. These funds flow towards the sphere responsible for the prioritised functions. The impact of these policy decisions onthe division of revenue is reflected in Table E-2.
The revised budget framework provides for additional spending of R5,3billion in 2002/03and R7,3 billion in 2003/04 compared with the estimates projected for these years in the 2001 Budget.
Most of the additional resources were allocated to the provinces, in recognition of the challenges they face in deliveringsocial services, building andmaintainingeconomic infrastructure, employmentcreation, promotingruraldevelopment and copingwith HIV/AIDS. Local government, which must manage the amalgamation of various local authorities and provide for free basic services, getsalarger slice of additional revenue than its baseline proportion. The increases in the allocations tolocalgovernment are significant, relative to the overall level of resources transferred tothat sphere.
The. national share decreases from40,9 percent in 2001/02 to 402 in 2002/03and further declines to 39,6 percentin2004/05. The share dedicated to local government rises from 3,3 percent in 2001/02to 4,O percentin2003/04. The provincial share also increases, from 553 percent in 2001/02 to 56,4 percent in 2003/04.
Schedule 1 of the Bill is the ZegaZ division of revenue between the three spheres, and is based on fiscal framework Table E-3. The table below indicates how Schedule 1 allocationscan be reconciled with the fiscal framework Table E-2 above.
The national allocation in Schedule 1 (for 2001/02) is the actual amount allocated to the national government for appropriation or as a direct charge (but excluding the provincial equitable share). It includes conditional grants for provincial and local spheres, and (the top-sliced) allocation for state debt costs, which is a directchargeon the National RevenueFund. It also includes the contingency reserve, which is to be allocated in the 2002 Adjustments Budget(orfor the two outer years, to be reviewed in 2003 MTBPS).
The provincial and local government allocations in Schedule 1 reflecttheir equitable share allocations only, and therefore excludes all conditional grants and grants-in-kind.
National share (excl.
0 The promotion of stability and predictability.
This section gives effect to section 10(5)(a) of the Intergovernmental Fiscal Relations Act. It sets out how the ten factors are taken into accountin determining the division of revenue for the 2002 WEF. Before considering the division of revenue, it is important to note the allocation of functions between the three spheres of government.
Functions are assigned to the three spheres of government in schedules 4 and 5of the Constitution. A system Of concurrent or joint responsibilities applies between nationalandprovincial governments for functions like school education, health, welfare, housing, agriculture and urban and rural development. This, in practice, means that national government determines policy and regulates compliance, while provincial governmentsare responsible for implementation. Exclusive functions for provinces includeprovincial roads and traffic, ambulance services, planning responsibilities, abattoirs, liquor licences and so on.
Municipalfunctionsincludeuser fee servic.es like electricity and gas reticulation, water and sanitation services (potable water supplysystems, domestic waste-water and sewage disposal), and public funded services like stormwater management, refuse removal, municipal public transport, fire-fighting services, municipal streets and street lighting. Unlike provinces, municipalities can potentially raise revenue to fully fund the provision of electricity and water, which covers about two-thirds of their budgets. Only about one-thirdof a municipal budget covers tax-fundedservices that do not raise much revenue. Provinces, on the other hand, provide services that do not raise much revenue, and raise revenue for only Spercent of their budgets.
This leaves nationalgovernmentlargely responsible for policy andregulatory functions over schooleducation, health, welfare, housingand agriculture, resulting in small budgets for these departments. Only education has a large budget, but this is for transfers to institutions of higher education.
The ten criteria below are premised on the above division of functions between the three spheres, and their fiscal capacity.
The 2001 FFCreport notes that national interest is a broad concept, in which national government has an interest, although some of these fall under the competence of subnational governments. It notes that national interest could cover functions such as macroeconomic management, defence, internal security, foreign affairs, social security and tertiary education.
A stable macroeconomic environment, strong economic growth, reduced poverty, inequality and vulnerability, low unemployment, reduced crime and an efficient public service are necessary for higher standards of living for all South Africans. Since programmes to meet these goals cut across all three spheres of government, they are appropriately co-ordinated by national government.
Broad-based programmes in the national interest introduced by Government since 1994 include the prioritisation of the social sectors (education, hedth and social welfare), nutrition, housing, the provision of free basic municipal services, municipal andprovincialinfrastructure, rural development, and the "working for water" campaign.
HIV/AIDS cut across departmental programmes and sectors.
Government has also shifted significant resources into the protection services cluster, with priority to the integrated justice system. Government also recognises that South Africa has a growing role inmaintainingregionalpeace and security, and that there is a needto modernise defence capability.
The resources shared among the threespheres of government include proceeds from borrowing by nationalgovernment. The bulk of this borrowing is in the form of savings of South African citizens, with the remainder in foreign savings. In recognition of Government's obligation to repay those citizens and to protect the capacity to borrow at the lowest rates, debt service costs are met before resources are shared. Lower interest rates and retiring debt from privatisation proceeds has resulted in a reduction in state debt costs as a percentage of GDP. These savings release funds for expenditure on government priorities.
The Constitution assignsexclusive and concurrent powers to each government 'sphere. The nationalgovernment is responsible for functions that cross provincial boundaries, including protectionservices, economic services and foreignaffairs. Key priorities are strengthening the integrated justice sector, national roads, railways andother infrastructure development and rehabilitation, restructuring public enterprises and programmes to alleviate poverty, inequality and vulnerabilityandenhance job creation. The national sphere is also responsible for tax administration, financialinformation systems and regulatoryfunctions. National government is responsible for policy development, regulation and monitoring in functions shared with provincial and local government.
The prioritisation of basic services is reflected in the increasing allocations to provincial and local government. This is inlinewith the national objectiveto alleviate poverty and reduce vulnerability. Many budget changes in recent years specifically introduced programmes like the child support grant, free basic municipal services, infrastructure needs, and building capacity to cope with the impact of HIV/AIDS.
Sub-national governments have significant autonomy in allocating resources to meet basic needs and to respond to provincial and local priorities. The division of revenue provides for increases to the equitable share to provinces and local government. This will enablethemto enhance basic serviceslikeschooleducation, primaryhealth, childsupportand other welfare grants and to provide a minimum levelof free water and electricity.
Fiscal capacity refers to the ability of a govement to raise revenue to cover expenditures. The Constitution assigns the primary sources of government revenue to national government. Local governments finance the bulk of their expenditure from property rates, regional service turnover andpayrolllevies, userchargesandfees.: Nationalgovernmentreceives more revenue than required to meet its obligations while the local sphere is only marginally dependent on national revenue, although there are marked disparitiesbetween large and smallmunicipalities. The provincial sphere, however, is dependent on transfers as its expenditure responsibilities exceed its revenue-raisingcapacity. To compensate for this, nationally raised revenue is shared, with provinces receiving the largestshare.
Optionsforincreasingprovincial fiscal capacity throughownrevenue sources continue to be explored. Section 228 of the Constitution requires an Act of Parliament to regulate provincial tax powers. Parliament is currently considering the Provincial Tax Regulation Process Bill to give effect to this constitutional obligation.
All three spheres are strengthening financial management capacity to improve fiscal efficiency. The implementation of the Public Finance Management Act (PFMA), and programmes funded from the Supplementary Grant for Financial Management promote expenditure efficiency. The FinancialManagementGrant assists munici:palities to modernise budgeting, managementand financial management. The' Municipal Finance Management Bill is also expected to take effect next year.
Economic disparities equitable share formulae are redistributive towards poorer provinces and municipalities.
The formulae and criteria used by nationaldepartmentsto distribute someof the conditional grants among provinces and municipaIities also favour the poor. For example, allocation of the Housing subsidy focuses on the urban poor, whilst the Education Quality Enhancement grant distributes resources to provinces with a higher proportion of under-resourced schools.
While the Constitution confers autonomy on provincial governments to determine priorities and allocatebudgets, nationalgovernment retains responsibility for policydevelopmentand for monitoring implementation within concurrent func.tions. Although equitable share allocations and other transfers allow provinces and local government discretion, national policies create mandates. For example, criteria for social security grants are determined nationally, while costs are borne by provinces. Similar examples are in education, health, traffic management and road maintenance.
Most conditionalgrants also fund nationalpriorities to be implemented by provincial or local government. These include grantsfor housing and integrated nutrition.
Predictability and stability revenues, rather than actual revenue. Allocations are not adjusted downwards unless exceptional circumstances lead to a downward revision of the macroeconomic framework or under-collection of revenue. All allocationsare for three years, although only one year is voted for. Further, the Bill beginning of the financial year, provinces and local governments are assured of the amounts they will receive and when funds will be transferred. Greater certainty of revenues improves the quality of budget planning and expenditure projections in all spheres.
Need for flexibility in responding to emergencies government also needs flexibility to respond to changing circumstances, unexpected emergencies and evolving priorities. The contingency reserve provides a cushion against such uncertainties.
Part of the two outer year contingency reserve grants are set aside for allocation during the next two budget years to meet new priorities identified in future. The contingency reserve for 2002/03 is to be fully allocated in the middle of the financial year, during the adjustments budget, when funds are allocated for unforseeable and unavoidable'' expenditure.
The Constitution entitles provinces to a share of nationally raised revenue. National transfers to provinces comprise more than96 percent of provincial revenues, of which 88,7 percent is through the equitable share (see TableE-4). The remaining 11,3 percent flows through conditional grants. Provinces raise less than4 percent of their revenues from own sources.
The provincial equitable share allocation funds the bulk of public services rendered by provinces.
R133 billion in 2004/05. The equitable share is divided betweenprovinces (referred to as the horizontal division) using the provincial equitable share formula. This section explains the formula.
The structure of the equitable share formula has been retained for the 2002 Budget. The formula, however, has been adjusted to reflect the increased spending on social services in provinces and new data. Firstly, the weighting of the social services components reflect expenditure on these services over a three year period. Based on expenditure data reported in the Intergovernmental Fiscal Review 2001, which indicates that welfare as a share of provincial expenditure in 2001/02 has risen to 19 percent (and reaches a high or 25 percent in Northern Cape), the weight for the welfare component hasbeenincreased by one percentage point. A balancingreductionin the . weight of the economic component is also effected. Secondly, the formula has been updated for latest enrolment data in education. The data used in the education updateis the average of the past three years (1998,1999and 2000) obtained from Department of Education.
An education share (41 per cent) basedon the size of the school-age population (ages6-17) and the average number of learners enrolled in ordinary public schools for the past three.
An institutional component(5 per cent) divided equally among the provinces.
Table E-5 shows the current structure and distribution of the shares by component, and the target shares to be reached by 2003/04. The elements of the formula are neither indicative budgets nor guidelines as to howmuchshould be spent on thosefunctions. Rather, the components are weighted broadlyin line with expenditure patterns to provide an indicationof relative need.
State Free 63 63 7.
Northern 154 13,3 13,7 12,l 3,O 11,l . 22,9 13,6 Province North West 8.
The education component targets primary and secondary schooling, which accounts for roughly 90percent of provincial education spending. Both the population of school goingageand enrolment numbers are used to reflect the demand for education services. The school-age cohort, ages 6-17, is double weighted, reflecting Government's desire to reduce out-of-age enrolment. The enrolment figures have beenupdated for the 2002 Budget, taking into account the average enrolment of the last threeacademic years (1998, 1999 and 2000) provided by the national Department of Education.
Total 12 184 10 930 100.
medical share weighting 7..
Free State 467 2 166 6.
The welfare component captures provinces' responsibilityfor providing socialsecurity grants. The constituent partsreflect the targetpopulations of social securitypayments, weightedby the distribution of expenditure foreachtype of grant. For example, the bulk of social security payments are old-age pensions. Means testingof grants is reflected throughan income adjustment basedon the provincial share of the populationin the lowesttwoquintiles of the income distribution. This information was drawn from the 1995 Income and Expenditure Survey, which has not been updated. Data from the Department of Welfare on actual expenditure by grant type indicate that the current. weightings are still appropriate. Nevertheless, these weights do not make explicit provision for the child support grant, although the vertical division of revenue takes this into account.
75,O 25,O 100,o Eastern 19,l 'I7,4 18,O 24.
The economic activity component is a proxy for provincial tax revenue, directing a proportion of nationally collected revenue back to its source. It also reflects costs associated with economic activity, such as maintenance of provincial roads. The best indicator for economic activity in a province is the Gross Geographic Product. In 1999, the distribution of employee remuneration roughly 60 percent of provincial GGP and the GGP figures had not been updated since 1994.
2001, Government decided not to adjust this component of the formula, pending publication of new GGP data. The latest remuneration data reflect unstable trends.
GGP data raises concerns about the accuracy of data in the economic activity component.
West North 5,7 Western Cape 14,4.
In 1999,the basic component was split into a basic share distributed by population and a backlog component.
Total 100,o 100,o100.
The institutional component recognises that some costs associated with running a governmentand providing services are not directly related to the size of a province's population. It is therefore evenly distributed between provinces, as was the case last year. It constitutes5 percent of the total equitable share, of which each province gets 11,lpercent (asshown in tableE-5).
The formula determines the equitable share for each province. In 1999/2000, two years after the formula was introduced, data for the 1996 Census was published. The data reflected demographic profiles that were different from the preliminary census results used in the formula. Given the need to ensure stability in provincial budgets, it was agreed that revisions to the formula should be phasedinover five years, from 1999/2000 to 2003/04. The target date of 2003104 hasbeen retained, so that the formula is fully implementedat the start of the 2003 MTEF cycle. Table E-1 1 shows the phasing.
Free State 6,8 63 61,7 2,4 2.
Schedules 3 and 4 of the Division of Revenue Bill lists all the conditional grants to provinces. Conditional grants are a small but significant portion of. provincial revenue: These grants were introduced in 1998/99 to support national priorities, particularly in the social se&ces sector.
Address backlogs and regional disparities in social infrastructure.
Except for the housing subsidy and HIV/AIDS grants, no significant changes are made on the globalallocations for conditional grants in the 2002 MTEF. However, significant changes are introduced in the policy frameworkunderlying some of the grants, particularly in health and housing. Certainpolicyequity have restructuring and considerations necessitated and rationalisation of health grants in the coming Budget.
The provincial grant framework for conditional grants addresses problems that emerged with the implementation of conditional grants.
Giventhecomplex system ofintergovernmentalrelations, a set of principles to guidethe budgeting process across all three spheres of government has been developed. These principles not onlypromotetransparency, butalsoensure accountabiliti, better auditingof actual spending, better planning and implementation of conditional grants.
Accountability arrangements should ensure that national departments administering conc grants properly exercise their (fiduciary) responsibilities.
Table E-12 and E-13 provides a summary of conditional grants by sector for 2002/03,and the allocationbetweenprovinces. Of the total conditionalgrantsallocationin 2002, the largest allocation is made tothehealth sector (R6,3 billion), followed by the National Treasury (R4,l billion) and the Department of Housing (R3,8 billion). The Education and Welfare Departments administer relatively small but important grants for the improvement of financial management in these sectors. Fourprovinces, Gauteng, KwaZulu-Natal, WesternCapeand Free State, benefit most from tertiary services and training grants. Significantly, they provide specialised services to allcitizens. Otherhealthgrants flow mainly to poorer provinces. What follows below is a summary of all the conditional grants listed in the Schedule 3 id 4 of the Bill.
Appendix to this memorandum contains more detailed information on every provincial conditional grant.
2004/05. They constitute about 42,6 percent of the total conditional grants to provinces. Apart mainly fund tertiary services and training. The health sector's new framework for the tertiary services and training grants provides for a major reconfigurationof the three tertiary services and training grants, with the view of making them more equitable. The new framework provides for the rationalisation of the three grants into two: national tertiary services grant (NTS grant) and a health professional and development grant(HPT.D grant).
The NTS grant amounts to R3,7 billion in 2002/03, increasing to R4,2 billion in 2004/05. The NTS grant will fund tertiary units in 27 hospitals compared to the current central hospitals grant which only funded ten central hospitals. This requires redistribution of funds from Western Cape and Gauteng to otherprovinces. WesternCape and Gauteng are expected tofundanyresulting shortfalls from their equitable share or ownrevenue. In order to givetheseprovincestimeto adjust to lower levels of funding from the grant, the shift between provinces will be phased in over five years, subject toan annual review to acceleratethis process. The basis for the grant allocations isthe actual cost of selected tertiary services identified and is costed in the recent two-year research project. Since the cost methodology underlying the new grant includes certain training costs, part of the health professionals training and research grant has been incorporated into the NTS Grant.
The HPTD grant consists of several components. The largest is distributed to provinces according to a formula based on the number of current medical students. This component will be subject to further analysis and research over the coming year. A new componentof the grant, amounting to R227 millionover five years, will beintroducedin 2002/03. Thiswill provide for a phased increase in the number of medical specialists and registrars in under-served provinces to address inequities highlighted in the in the 2001 IGFR. The aim is that 25 percent of post-graduate training capacity should be developed in provinces that presently do not have such capacity. The allocation for the HPTD grant isR1,3 billion in2002/03.
The INP is targeted at poor provinces with high populations of school children. Eastern Cape, Northern Province and KwaZulu-Natalreceiveabout 63,5percent of the allocation. This grant increases toR617 million in2004/05 after being kept constant at R582 million. The Department of Health is also finalising a review of this grant that will inform any changes in its administration and the level of funding for the 2003 MTEF. Discussions are also underway to consolidate other health grants like the hospital management and health component of the provincial infrastructure grant into the current Health conditional grants under the National Treasury vote.
The Department of Education manages grants for financial management and quality enhancement inschools as well as for early childhood development(ECD). Thefinancialmanagementand quality enhancement grant was introducedin 1999/2000 and was to be phased out in2002/03. But the Department of Education proposed that the grant be retained to consolidate the gains achieved over the last three years in improving outcomes in education. The grant plays a pivotal role in the implementation of TXsaao. No changes are proposed to the baseline allocations of this grant.
The ECD grant was introduced in2001/02, Ad is phased into the equitable share in 2003/04. The rollout of the programme, to be phased in overtenyears, willbefundedprincipally from provincial equitable shares.
The national Department of Education implements two projects through funding from the national special poverty relieffund. The projects are for school building (ThubaMakoteproject)and traininganddevelopment of adult learners(Ikheweloproject). These are considered indirect transfers as their outputs will benefit provinces, even though the national department implements them. Thuba Makote project is an initiative by the Department of Education to develop and pilot cost effective approaches to the design, construction and management of school facilities which can also serve as centres for community development. The allocation for this project amounts to R34 million in 2002/03, increasing toR64 million in2003/04. The Ikhwelo projectaims to provide access to literacy andskills development to adult learners. It develops trainers who will train adult learners in agriculturaland SE skillsinadditionto literacy. The allocation for Ikhwelo increases fromR25 million in 2001/02 to R50 million in 2003/04.
The provincial infrastructuregrant grows from R800 millionin 2001/02 to R1 550 millionin 2002/03, R2 314 million in 2003/04 and R2 853millionin2004/05. This brings the total infrastructurefunds available through this grantto R6,7 billionoverthisperiod. To facilitate effective use of the grant to deal with backlogs, the provincial division has been effected using he average of the percentage equitable shares and the backlog component. This enables government todirect funds towards provinces with large backlogs, withoutneglecting provinces that have inheritedhigherlevels of infrastructure. Provinces are expected tousethese funds mainly for rehabilitation and construction of roads, schools, and health facilities and to address the specific infrastructureneeds for rural development. Provincialtreasuriesadminister this grant. The allocationsareto be made to the line departments responsible for the implementation of the infrastructure projects. Provinces are also expected to build capacity in treasuries to oversee the implementation of infrastructure plansandcapitalprojects as inadequatecapacityandpoor planning have been major reasons for under-spending of capital grants.
The flood disaster reconstruction grant is used to assist with the reconstruction and rehabilitation of infrastructure damaged by floods in 1999/2000 in affected provinces (Mpumaianga, KwaZulu-Natal, Northern Province and Eastern Cape). The 2002 Budget frameworkalso sets aside funds for flood reconstruction amountingto R400 million in2002/03and R200millionin 2003/04,for spending in provinces.
The Departmentof Housing administers two grants. The Housing Subsidy Fund providessubsidies for low incomehousing, and thehuman settlement redevelopment grant funds pilot projects in urban areas.
The Department of Housing hastakenanumber of policy decisions which impact on the framework for the housing subsidy grant. These include a shift in financing policy to urban areas, recognising the magnitude of housing backlogs; a focus on improving the quality of housing units being delivered;an increase in the maximum housing subsidy level from R16 000 to R25000;and implementation of medium density housing.
In order to enable the departmentto implement the new policies whilst still reducing the amount of backlogs in housing, the grant increases by R300 million, R579 million and R574 million above baseline over the next 3-year period. This will raise real growth in housing expenditureto about 6 per cent a year.
The Department of Housing has reviewed the formuIa for allocating funds between provinces in ordertoalign it with the new policy direction for prioritisation of urban. and medium density housing.
Population based on the 1996 Census (20percent).
In order to reduce the impact of the formula on the losing provinces, it was phasedin for the first two years by applying it only to the additional allocations to the 2001 baseline. The old formula wasretained for the baseline allocations. For 2004/05, theformulawasapplied to the total allocation for the grant.
Most of the social development grants have been phased out. The Financial Management Grant will be phased out this year andR11 million is set aside for provinces in 2002/03. The HIV/AIDS grant is the most important onein the department as it provides for increased pressureson home-based care.
Government started implementing an integrated strategy for HIV/AIDS through the social service departments (education, health and welfare) in the 2001 Budget. The strategy focuses on care and support for children and youth affectedandinfectedby HIV/AIDS. Provinces were allocated R110million 2001/02,31 per cent of which is allocated to health departments for HIV testing and counselling and for home based care while58percent is allocated to education for implementation of lifeskills programmes in schools. Mindful of the need to step up HIV/AIDS programmes, government is setting aside increased amounts to earmarked allocations for a special programme over the MTEF amounting toR320 million in, 2002/03, R422 million in 2003/04and R546 million in 2004/05.
The education sector is responsible for the roll out of lifeskills programme in schools, and the Department of Social Development is responsible for the development of home-based care. The HIV/AIDS grant allocation to Educationincreases from R63,5million in 2001/02to R142 million in 2002/02,and Social Development share increases fromR12,5million toR46,5million.
Consultations are taking place over implementing the key reforms to consolidate and rationalise conditional grants in time for the2002Budget.
Implementationof the decision that smaller grants like for hospital management, andpart of the rehabilitation grant, are to be incorporated into the national tertiary services grant.
The rationalisation of all infrastructure grants into one big grant, or into three specific grants (education, health, roads) the infrastructure and including provincial grant hospital rehabilitation grant.
Possible incorporation of supplementary grant into the provincial equitable share.
Revenue for the localgovernment sphere is derived from taxes anduser charges raised by municipalities. Grantsfromnationalgovernment, including the equitable share and conditional grants, comprised about 7percent of the R58billion spent by local government in the 1999/00 financial year and 73percent in2000i01.
There has been a significant increase in allocations to, local-government for the 2002/03MTEF. This includes major increases to the equitable share and the addition of a conditional grant to assist municipalities with once-off transition costs arising from demarcation. In total, national transfers to local government will increase from R6,9 billion in 2001/02to R10,6 billion in 2004/05,an averageannualincrease of 15 percent. Table E-14belowreflectsnational transfers to local government by major category.
Equitable share allocations are made to primary municipalities, withoutconditionsattached. Allocations are made in terms of a policy framework described in The Introduction of an Equitable Share of Nationally Raised Revenuefor Local Government (Department of Finance, 1998),and administered by the Department of Provincial and Local Government.
Grants-in-kind are made when municipalities perform certain services on behalf of national or provincial government, or are subsidised by a national or provincial department that provides a service for which a municipality is responsible. An example of the former are certain health and emergency services; an exampleof the latter is the Water Services Operating Subsidy.
Nationalgovernment is continuously refining the system of intergovernmental transfers to municipalities in order to improve efficiency, equity, transparency and predictability.
0 Requiremunicipalities to show allnationaland provincial transfers on their budgets and periodically report on outputs achieved by conditional grant programmes.
As with provincial transfers, conditional grants for local government are being rationalised and consolidated. Whilst there has been significant progressin 2000101, the bigger challenge in future years will be to identify and consolidate grants-in-kind to local government. Grants-in-kind take the form of beneficial support in municipal services or infrastructure delivered by a national or provincialdepartmentsdirectly to municipalities, often as aresult of municipalcapacity constraints. Thesegrants, however, inadvertently lead to perverse outcomes, withhigher-than-affordable levels of services provided and the municipality often refusing to take ownership or transfer of the assets created due to operational and maintenance concerns. These generally are historicalfunctions that were provided by national andprovincialgovernmentand include, amongst others, sector functions such as water and public works. Work is underway to identify and map out a path to address someof these challenges. More details should be available closer to BudgetDay 2002. A major impediment, however, is the pace at which the newly demarcated municipalities will fully amalgamate, and uncertainty whether they will take due responsibility for services in their areas of jurisdiction.
Given that the municipal financial year commences in July, and due to the need to update data, the division of revenue and grant allocation by municipality is less urgent. The aim is to finalise the horizontalallocations for municipalities by Budget Day, after consultations between national departments and organised local government. The completion date for this process is set for 31 January 2002, and details will be announced by Budget Day, February 2002.
The equitable share for local government is meant to be an unconditional operating grant, with its formula for division betweenmunicipalitiesbased on the principles of equity, transparency, predictability, andaccountability. Itwas first introduced in the 1998/99financialyear and it replaced the previous intergovernmental grants transferred through provinces, and whose division between municipalities differed between provinces and lacked transparency.
Three operating grants currently in place are also expected to be incorporated into the equitable share.
The Water Operating grant, funded through the augmentation of the Water Services Account on the DWAF vote, funds the operation of retail water schemes owned and run by DWAF. These schemes are intended for transfer to municipalities, although little progress has been made on this to date.
The schemes may also require refurbishment before transfer. Little funding is provided for this to occur. The funding for refurbishments generally declined on the basis that funding is already available in the rural water capital programme.
The Department is currently preparing for the transfer of these schemes to municipalities, in line with the constitutional allocation of functions. Once funding for these schemes has been incorporated, it will significantly enhancethe ability of municipalities to address the challenges of providing free basic servicesto poor households.
The Local Government Transition Grant, aimed atsupporting municipalities through the transition process by partially assisting with once-off costs directly related to the amalgamation, is planned to be absorbed into the equitable share in the 2003/04fiscal year.
The R293 grant has already being incorporated into the equitable share in 2000/01, though it is not divided in terms of the formula. This grant covers towns under the old homeland administrations, and involved the transfer of staff and assets from provinces to municipalities. In 2000/01 the R293 allocation for municipal functions (R447million)wasincorporated into the local government equitable share. Based on the number of people actually transferred to municipalities or retained by provinces, the local government equitableshare increased byR358million whileRlO5 million remained with provinces. Based on previous agreements with local governments, municipalities are guaranteedtheircurrent R293 grantallocationsuntil 2003/04. Thisallocationwill be incorporated into the equitable share from the2004/05 financial year.
Provided to low- income households.
The components of the local government equitable share formula and the underlying data in the formula are reviewed in the remainder of this section. A review and update of the formula was made possible by the finalisation of demarcation, regular updates to poverty data by Statistics SA and the FFC recommendations. Improvements to the formula are described in this section.
Derived household income(derived, that is, from all recorded personal incomes of household members plus the households additional income and remittances received) reported in four income classes: less than R 800 per month, R 801 -R 1 100 per month, R 1 101 -R 1500 per month and more than R 1 500 per month.
Population of old municipalities falling within each new municipality.
It assumes thatthere are economies of scale in the overhead operating costs in relation to population, so that as the population rises, the I grant per capita falls.
It declines as the average income of the municipality increases, so that for a given population size, poor municipalities receive'ahigher I grant than rich ones.
where I is the institutional grant.
(I, was set at R61 750 in the 2000/01financial year).
P is the population in the municipality.
y defines the economies of scale (which has been set at 0,25),andy is the average income per capita in the municipality.
0.05b -180)Pxrepresentsnormative rates income and assumes that individuals will pay 5 percent of their income towards property taxes once the poverty threshold of R180 per month (equivalent to R800 per month for households) has been taken into account.A normative rates approach was taken so that municipalities couId not manipulate the I grant by imposing low rates.
Given that a period of new institution-building commenced in 2001/02and will continue for some time, the "I"grantportion of the equitable share was increasedinitially by 30 percent in the 2001/02 Budget and will be increasing by a further 42 percent in2002/03.
The above formula was adjusted from2001/02 since a change in the R800 poverty threshold was adjusted to RllOO (see below). This resultedinachange in the "I" Grant formula from 0.05(y -180)P to 0.05Cy -250)P.
The S grant is designed to meet the operating costs of providing basic services to low-income households. Forthisreason, theformula requires an estimate of thenumber of people in households below the poverty level for each local authority.
a is a phase-in parameter between zero and one based on the municipality's classification as metropolitan, urban, or rural.
p is a budget-adjustment parameter, set to adjust the size of grants to the available budget.
H is number of households in poverty.
The value of a was set differently for metropolitan/urban municipalities and rural municipalities. In 1998/99 the rnetro/urban a was set at 0,6 for urban areas and0,l for rural areas, the justification being that the proportion of the poor population actually in receipt of basic services would differ between urban and rural areas. The values for a were set to increase each year until they reached l, O. The metrohrban a was set at 0,7 in 1999/2000 and the rural a was set at 0,25. To increase stability during the transition to newly demarcated municipalities, the a's were not changed in the 2000/01 allocations. The regular phase-inof the a values resumed for the 2001/02 allocations and accordingly set to 0,8 for the metrohrban a and 0.4 for the rural a.
0.9 (urban) 0.55 (rural), for 2003/04, 1.0 (urban) 0.7 (rural)and by 2004/05 both alphas will have been merged.
municip&ies. This distinctik-kpt a feature of the final local governmentdispensation. Therefore reconsideration of 01 (coveramer) in the S grant formula is necessary. Although Statistics' SA nolongerclassifies municipalitieshts-utbe orrural, enumeratorareaswithin municipalities are classified in this way. In future, the formula will use census data to determine the population in urban and rural areas within each municipality. It will use different values for cx for each, so that average value for a varies across municipalities. The more urban the municipality, the higher would be the average value for a.
It should be stressed that these cost estimates are indicative. A study is underway to update the costs of this indicative basket of services.
Up to the 2000/01 financial year, the derived household income, supplied by Statistics SA, was used to determine the number of poor households. In a study for Statistics SA in 2000, an alternative was developed to the derived household income method. This new method imputes an income to each household, using regression results of income on a range of variables from the 1995 Income and Expenditure Survey (IES). The relevant variables in the 1996 Census are then used to predict income for each household.
The initial formula proposed by National Treasuryon the inception of the equitable share included a TI(tax capacity) component for intra-metropolitan tax equalisation that was not implemented.
This was because the regional service levy income at the metro level reduced the need for spillover transfers. It has becomenecessary since demarcation to include this component, in order to replace the inadequate fiscal capacity measuring in the IT' grant.
Varying definitions of property tax bases in different parts of the country.
The Property Rates Bill will introduce a more uniform system of assessment, but will probably only be enacted in mid-2002. Current data submitted to National Treasury do not follow uniform reporting formats, and data generated through budget reforms is only available for a few pilot municipalities. Measures are being implemented to address this situation. The FFC is currently working on proposals for fiscal capacity measures, assessing the availability ofdata for each proposed measure and modelling the distribution effects of various options.
To prevent potentially serious disruptions in services of those municipalities that faced substantial declines in transfers as a result of the implementation of the equitable share system, municipalities are guaranteed to receive at least70 percent of the allocation of the previous year. Municipalities received either the "I" plus "S" grant or the guaranteed amount, whichever is the greater. R293 grant allocations are additionalto the guaranteed amount for 2001/02 to 2003104 and no further.
For new municipalities made upof several complete old local municipalities, the guaranteed amount for 2001/02 was set at 70% of the sum of the 2000/01 allocations to all the component old municipalities. A decision will be made based on current research on whether to continue with the guarantee.
0 For newly demarcated municipalities that are composed of parts of existing municipalities, the guaranteed amounts were determined by splitting the 2000/01 allocations between more than one newly demarcated jurisdiction on the basis of population numbers.
The equitable share allocationis generally distributed directly to Category A and B municipalities.
Category B municipalities that are institutionally weak and have limited treasury functions, in which case the relevant CategoryC municipalities may be obliged to provide basic services on their behalf.
Schedule 5 of the Division of Revenue Billpresentstheconditional grants to municipalities.
Incorporate national priorities in municipal budgets.
Promote national norms and standards.
Effect transition by supporting capacity-building and structural adjustments.
Address backlogs and regional disparities in municipal infrastructure.
Although there are several administration and functional problems around conditional grants, no significant changes are made on the global allocations for conditiond grants in the 2002 MTEF. However, significantchanges are introduced in the policy frameworkunderlying some of the grants, particularly in infrastructure and capacity-building. What follows below is a summary of all the conditional grants listed in the Schedule 5 of the Bill. Inaddition, the Appendix to this memorandum containsmore detailed information on every local government conditional grant.
42 No.
Foster linkages between integrateddevelopmentplanning, process Develop project management skills in municipalities.
The Municipal Systems Improvement Programme was created in the 2001 Budget to serve as a conduit / medium to move towards consolidationof these capacity-building initiatives.
Restructuring support to large and smaller municipalities is effected through the Restructuring Grant and Local Government Support Grant respectively. The Restructuring Grant provides an opportunity for large municipalities toaccess funding to implement medium-term fiscal and institutional restructuring exercises, on the basis of their own restructuring plans. It is a demand-driven grant that encourages municipalities to become financially self-sustaining in the medium- to longer-term. The Local Government Support Grantassists smaller municipalitiesin financial crisis through both management support and emergency funding. The grant is increasingly focused on assisting these municipalities to restructure their mediurn-tem fiscal positions and thusavert future crises...
Both grant programmes are projected to decrease in the medium-tern, due to limited take-up of funding to date and the implementation of strategic capacity-building programmes.
Studies of the efficacy of existing municipal infrastructure grant disbursement mechanisms have identified the need torationalise the number of grants to municipalities and to improve the mechanisms for the disbursement of these transfers. These proposals come in response to problems of inequity ingrantdistributions, as well as flaws in arrangements forfinancialaccountability identified by NationalTreasuryandtheAuditor-General. Rationalisinganddecentralising disbursementarrangementswill offer clear benefitswithregardto the sustainability of infrastructure investments, the transparencyof allocations, and accountability for outcomes.
Grant rationalisation and disbursement reform correlate with recommendationson fiscal transfers. Moreover, such changes are opportune in the current stage of the local government transition, as they provide municipalities with a time of rapid change.
TheConsolidatedMunicipalInfrastructureProgramme (CMIP) hasbeentransformed from a project-based disbursement mechanism to a formula-based mechanism in the 2001/02financial year. This approach willserve as aframework for one overall capital infrastructure grant mechanismgoverned byan interdepartmentalteam. Consolidation of transfers and greater transparency in the allocation process will allow challenges related to co-ordination between the infrastructure and housing programmes to be addressed.
The rationalisation of the capital transfers to municipalities through the incorporation of other capital grants into CMIP is expected to be complete by 2004/05.' These grants include the CommunityWaterSupplyand Sanitation Programme, the Community BasedPublic Works Programme, the Urban Transport Fund andthe Local Economic Development Fund.A framework for the phased consolidation of these programmes will be published shortly. The framework will also address the respective roles and relationships between infrastructure grants, municipal own revenue (such as that derived fromRSC levies) and municipal borrowing.
Consultations over the implementation of the reforms to conditional grants are taking place at present, withtheintention to complete these intime for the 2002 Budget.
The incorporation of grants-in-kind, such as the Water ServicesOperatingSubsidy, into the equitable share for local government.
The end result of this process. will be a more simple system of three or four large grants that responds directly to government's key policy objectives. Consolidation will improve coordination between the objectives, provide an easier framework for administration and the measurement of performance, and ensure that the distribution of grant betweenmunicipalities is transparent, predictable, policy-sensitive and fair.
The National Government intends to publish three-year allocations to municipalities for all grants by Budget Day. This will, however, require progresson the division of functions between category Band C municipalitiesand on progress on the framework for the infrastructure and capacity- building grants.
This appendix providesa brief description of the framework for each grant to provincial governments.
Total 5 977 779 6 275 6 674 711 46 No.
1 April 2002. Provision of designated national tertiary services. Provision of services atactiiity levels asagreed between the Province and the national DOH. Adoption of a restructuring plan for gaining provinces by31 January 2002. Agreementsto be completedby 28 February 2002.
The need to support the provision of tertiary services in provinces will continue into the foreseeable future..
Equal monthly installments-normally on the 1Om day of the month.
The grant funds existing services and ongoingactivities so the capacity to spend is in place. The preparednessofthe national Department of Healthhas a designated unitto monitor thegrant. There is a constant need transferring department to improve information on actual service delivery and costs to facilitate monitoring and planning.
Initiate development of long term plan for tertiary services.
North West 34 200 34 189 34107 34111 Western Cape 1 011 436 I. . . I a30 510 1049252 1072 703 Total 3 453 080 . ' ' 3 606 842 3 892 849 4 151542 48 No.
Payment schedule Capacity and preparednessof the students training.
Enable shiftingof teaching activities from central hospitals to regional and district facilities.
Number and composition of health sciences students by province and institotion.
e Location of practical training placements by discipline and institutionby level.
Health, on the training of all medical personnel by institution, including any subsidies and other associated costs.
fieen days after the tabling Provinces to create and budget for additional posts related to registrars and specialistsasagreed with national DOH and the deans of medical faculty in universities.
e Timely submission of monitoring information asagreed with National Departmentof Health (DOH). This should include annual reports on additional numbers of registrars and specialists in gaining provinces.
with national human resource development policy.
Equal monthly instalments-normally on the 1Om working day.
Western Cape 308776 . ..
Number of hospital facilities upgraded and revitilised.
Strategic plan of provincial health department to be tabled 15 days after provincial budget must contain detailed information on hospital capital and maintenance projects, as well as the priorities identified in Strategic Position Statements.
Strategic plan to include full provincial strategic health services plan.
Compliance with Integrated national planning framework and reporting requirements.
Allocations in outer years will be dependent on progressive increases in maintenance budgets.
The results of theCSlR 1995 hospital audit provided a basis for determining a backlog index, which is used as the basis for equitable division of funds between provinces.
The capacityof the province to spend the funds also plays a role. Major capital construction or large projects identified as national priorities willbealsofunded from this grant.
To ensure that provincial health departments transform and modernise the hospital sector in line with nationally agreed goals.
All funds were transferred to provinces, which reported under-spending of about R77 million Under spending of the grant has occurred over the years mainly due to inflexibility of the present grant structure and poor provincial cash flow projections.
Cash-flows of currently committed projects indicate the grant allocation indicates that all fundswill be spent, however, a small under-spending is expected.
This capital programmeis expectedto take at least 10 years to implement.
The department is supported by European Union (through resident consultants) and engages the services of the private sector to monitor progress in the implementationof the projects, and to provide necessary support to provinces.
Project implementation (business) plans and any other requirements finalised by 31 January 2002.
To contribute toward the funding of new construction for Pretoria Academic H0sp.M in Gauteng,.
quaternary services to benefit all provinces. Status reportsare received regularly and the construction site is visited every2-3 months for progress assessment.
When the commissioning stage has started the frequency of reports andsite visits will increase to once a month. Conditional grants have been allocated for in the Eastern Cape in the past three years.
To improve the nutritional status of South Africans; specifically to enhance active learning capacity and improve school attendanceof primary school learners from poor households. Increase in the coverage of primary schools that qualify for the feeding programme. Increase in the coverage of planned school feeding days from85 percent to100percent Reduction in underweight, stunting and wasting among children under 5 years. Regular arowth maintaining and promotion of children under 2 vears old.
Feeding in all poor, primary schoolsis the priority of this grant feeding days, cost per meal.
Greater role of school boards in monitoring program.
All provinces to report on actual spending on a monthly basis.
0 Although funds have been flowing as scheduled, under-spending has occurred at provincial level. It amounted R48 million in 2000/01.
Options will be considered for this grant following comprehensive review of administrative problems and effectiveness of the grant.
Table proposals on the grant framework based on the recommendations Of thereviewby 30 June 2002.
Implementationof home based care as a management option between 15-49 years within three years, with specific targets for the youth and rural communities.
Develop200 home based care teams over the next three years.
A decrease in the number of children bornto HIV positive mothers.
e Interventionsto addressunder-spendingto be implemented. Appropriate usage of additional funds for HIVIAIDS allocated via the equitable share for improved Sexually transmitted disease, TB control and other health care interventions. Clinics involved in administering PMTCT should be offering antenatal care (ANC) services. ThePMTCTprogrammeshould be administeredby trained people.
Allocation criteria Based on the national survey conducted in1999 on thestatus and availability of voluntary counselling and testing in all provinces which also informed the decision to prioritise Eastern Cape, KZN, Northern Province and North West provinces.
National priority.
Systemforquarterlyreporting on progress is in place. Provincial liaison and technical support visits by membersof the national Departmentof Health.
All funds were transferred to provinces, which reported under-spending of about30 percent.
capacity building at the provinces.
kansferring department provincial and national level.
Improved learner participation in and the effective teaching of mathematics, science and technology, also targeting disadvantaged female learners to enter gateway subjects and critical professions.
incorporated in national education prioriiies for improvement in management and outputs of the education system.
DeveloDment of an effective system to guide the process of the transformation of inStitutiOnS in the preparedness of the transferring department developed the own systemof coordinating with the prOVinCeS.
Further work by national department programme, particularly the poor communities.
90,OOOLearners able to continue their learning in the Foundation Phase.
Amunthg Officer of the national Department of Education by 31~january 2002. These plans must be pariof Provincial strategic plans tobe tabled 15 daw after the Budaet. The outcomes as outlined h the approved business plans must be ached implementation of the pilot ECD programme in Primary Schools and selected community based sites in the provinces.
The Department of Educationincollaboration with the responsible provincial officials will conduct these reviews. The reviews willbe targeted at projects in which expenditure levels are lower or significantly higher than the projected figuresin the business plans followingan analysis of monthlycash flow statements on the projects. This exercise in the is intended to deal with difficulties implementationof projects by providing the necessary support in good time.
I This is a substantive review exercise intended forall national and provincial projects underthis programme. It will focuson the financial and programmatic issues on all projects with the view to assessing the impact and identifying key systemic problems that need to be confronted in the education svstem.
finalise details on this matter.
National and provincial coordinators contracted to support implementation of the project.
from equitable share.
The overall co-ordination of the programme is the responsibility of the Chief Directorate: Curriculum and AssessmentDevelopmentandLearnerAchievement in the DepartmentofEducation. TheBudget ReviewandAdvisoryCommittee of theDepartmentofEducationchairedbytheDeputyDirector-General: Planning and Monitoring, is overseeing the management of the grant.
15 days after the Budget. The outcomes as outlined in the approved business plans must be achieved Education component of the equitable share formula is used to allocateamongst provinces.
in turn willtrain school teachers.
relevant learning support material.
It is envisaged that, &en the natureof the epidemic, the needfor such a grant will be necessary as long as the-epidemic-of HlVlAlDS.
Total 63 500 142 000 I17400 62 No.
For 2002/03and 200304 the backlog in infrastructure in provinces wastakenintoaccountin the division of the funding to provinces.
D It is also required to compile and submii comprehensive quarterly reports to the Department of Education that mustbe in line with the reporting requirements set by National Treasury for the special allocations for poverty alleviation, infrastructure and job summit projects.
, ., . National lkhwelo Projects-Poverty Relief.
Training for adult learners to enhande their social and economic capacity.
480 Governing bodies and center managers capacitated to govern and manage.
The National lkhwelo Project is funded from the Povertv Relief. Infrastructure Investment and Jobs SummitProjects Fund and must thus adhere to the requirementsof job creation in the development, building, equipping and utilisation of the facility.
Projections for 2001/02: It is expected thatR14,8 millionwill be utilised by31 March 2001.
Projected life The allocation of this grant is still envisaged to continue until2003/04.
Payment Schedule Not applicable (Indirect transfers to provinces) -Accounting responsibility lies with the accounting officer of the transferring national department Capacity and preparedness The overall co-ordination of the programme is the responsibility of the Chief Directorate: Curriculum of the transferring andAssessmentDevelopmentandLearnerAchievement in the DepartmentofEducation. The department Budget Review and Advisory Committee of the Department of Education, under the chairmanship of the Deputy Director-General: Planning and Monitoring, is overseeing the management of the grant.
The Department of Education will provide programmes in the eight learning areas to complete a department qualification.
The Department will also provide managers in these public adult learning centres.
supplementary allocation.
Progress made in implementation of key provisions of PFMA i.
Revenue Act rewrts e Improvement in financial management and information systems in hospital pilot projects.
228(2)(b) and 230 of the Constitution.
Intergovernmental Fiscal Reviews. '0 be reviewed after four years.
his grant includes an allocation for the hospital management pilot programme managed by the Jepartment of Health. Negotiations are under way with the Health department, which may result in a; hifi of this component to health grants. Nith provincial finances having stabilised on a sustained basis, and taking into account progress made rvith implementation ofPFM, consideration is given to incorporate the main portion of this grant into the, quitable share with effect from 2002103 financial year.
Provinces are required to submit detailed quarterly reports, which capture the full details of the proiects including the allocation for the year, the expenditure for the periodin question and on outputs achieved.
Spending.
2002/03 Provincial spending (business) plans to be completed by 31 January 2002.
Payment schedule submitted to provincial treasuries by 28February2002.
Budget by30June 2002. The National Treasuryis investigating whether the education and health components of this grant can be consolidated with current conditional grants administered by the relevant national departments.
Housing allocations must be in terms of housing framework as agreed.
The additional R300 million in 2003/04and R579 million in 2003/04,and the total allocation of R4 346 million in 2004/05are allocated to provinces through a new formula which introduces urban bias.
The needs of each province as measured by the housing backlog.
30 percent; and from 1996Census and is weighted20 percent. The provision of housingto the poor is a national priority. The conditional grant enables the national lovernmentto provide for the implementation of housing delivery in provincial budgets. The national Department of Housing has installed a transversal computerised subsidy management; ystem (HSS)in all provincial housing departments for the administration of the subsidy scheme and to illow the national departmentto monitor progress and expenditure continuously. !
21 7 633 houses per annum, benefiting2 676 886 people.
Currently funds that remained unspent at provinces in 2000/01 and in the Housing Fund collectively amounted toR519 million or15% of funds available for spending.
R80million earmarked for the implementation of the Presidential Job Summit projects for new Rental Housing subsidies delayed as result of extended discussions with National Treasury on the funding model and institutional arrangements for channeling of the funds for the project.
95% is expectedto be spent bythe provinces at the end of the year.
20years. donthly instalments 'he national Department does have the capacity to manage and administer the transfer of housing unds to Provincial Governments andto monitor their performance in this regard continuously.
Further work by the 2002/03 national department in the strategic planof the department as part of the 2002 Budget.
The department to ensure that all provincial housing departments deal with the audit queries raised in the 2002 annual reports of provincial housing depariments.
The department to submit certification of completion of plans to the National Treasury by 19 March 2002.
Submission of payment schedule to the National Treasury by 31 January 2002.
To fund projects that aim to improve the quality of the environment by addressing problems in urban communities.
To form part of the contract between the provincial government and the national Department of Housing on specific projects. Based on the project proposals submitted by province. As a pilot programme, the Department of Housing needsbetoinvolved in approving, monitoring and evaluating the programme in general as well as specific project outputs with a view to the formulation of a more comprehensive permanent programme.
The Directorate: Special Programmes Support monitors projects on a monthly basis through financial and implementation progress reports, as well as site visits in order to ensure compliance and correct reporting on Key Performance Indicators.
of R39million budgeted, R35 million was spent. The outputs, identifies in terms of key Derformance areas, have been achieved.
It is expected that70% to 80% of the funds will be spent by the end of the financial year, although all funds will have been committed to projects through approved business plans.
Iecessary capacity and expertise exists to undertake this task?
Purpose To improve the financial management, administration and functioning of social security system.
Reason not Incorporated Funding was initiated in order to fund the national department priority and strategy for improving the in equitable share information system, financial management and delivery of social security grants.
Structured site visits twice a year byateam cokiting of both national and provincial officials.
Projected life Phases out in 2002/03.
A number of nitiatives being undertaken by the department.
Detailed payment schedule to be submittedto the National Treasury by 31 January 2002.
Total 10 236' 10 800 74 No.
Social Development-HIWAIDS Grant Transferring Department Department of Social Development (vote17) Purpose The Department of Social Development is responsible for the developmentof home-based care (HBC) programmes in the community, involving the replication of models which have already been piloted, and community outreach.
An increase in the number of orphans receiving appropriate care.
Intensified identification of children infected and affected by HIVIAIDS.
Provision of essential material assistance to identified children and families.
Strengthening the capacities of communities, families and volunteers through caring and support.
with outputs for provinceline the framework for this grant Legal contract signed between provincial departments of welfare and implementing agencies.
Provinces in which studies have shown they are of highest HIV/Aids prevalence, which were also identifd as priori -Eastern Cape, KZN. Northern Province and North West provinces the national departments.
Jrojected life For the duration of the allocation.
Relief Social Development (vote17) To increase the self-reliance and improve social cohesion of specific demographic groups such as women, youth, children disabled and aged who are particularly vulnerable to the conditions associated with poverty.
100HIWAIDS structures will be established by the end of the2003/04financial year.
Integration of the disabled in all poverty relief progrmmes by the end of the2003/04financial year.
About 30 percent of the total budget was also allocated to the 13poverty nodal points, identified by the Integrated Sustainable Rural Development Strategy (ISRDS).
Monthly /quarterly reporting to the provincial wetfare departments by implementing agencies, and consolidated reports submitted of Social Development.
to the National Department Provincial visitsto evaluate progress in the implementation of the projects. Structured sited visits twice a yearby a team consisting of both national and provincial officials.
Past performance All available funds for 2000/01were transferred to the IDT -deparbnent implementation agency. Total transfers since the programme was initiated in 1998/99 amountsto R363million. The project period covered by the grant is the current MTEF period.
of the transferring national department.
preparednessof the appointedto head the newly established National Project Office.
Department Purpose To address the degradation problemsof natural resources and improve the socioeconomic status of rural communities.
Allocation was under-spentby R6 million.
Evaluationof completed projects is underway, and the report tobe submitted to National Treasury in June2002.
Capacity and All administrative, monitoring and reporting capacityis in place.
Detailed payment scheduleto be submitted to the National Treasury by31 January 2002.
Table 24 Agriculture -Poverty Relief and Infrastructure Development 2001102 2002/03 2003/04 2004/05 R thousands Budget MediumTerm Estimates Eastern Cape 4 691 6 000 Free State 500 1 400 Gauteng KwaZulu-Natal 4 133 4000 Mpumalanga 742 2 000 Northern Cape 500 1 300 Northern Province 6 430 5000 North West 4 605 3000 Western Cape 800 1 300 Total 22 401 24 000 78 No.
Purpose To fund Poverty Relief projects in the areas of Cultural Industries development, Cultural Tourism and Heritage Developmen&. Measurable outputs through job creation-and training are met.
Monitoring mechanisms lies with the Accounting Officer of the transferring national department. Capacity and A sub-directorate with dedicated staff is responsible for theprogramme and has the support of the line preparednessof function directorate responsible for cultural development and heritage development.
Detailed information on each grant to local governmentis included in this Appendix. Government's intention to restructure and rationalize grants to local government is being actively pursued -in the forthcoming financial year. In this light, the structure of the new, consolidated grants is provided with a description of each of the existing grant windows which will be phased into the n, ew grant programmes, as well as details of these transitional arrangements.
Conditions of the.
Capacity and preparedness of the transferring department.
of the amalgamation challenges faced Contractors have been appointed to assist the Department during the transition period.
of October 2001 Allocations by municipalities still to be finalised andsubmitted to National Treasury by 31 January 2002.
Forestry thus provide funding for the operation and maintenance of water schemes that are owned and/or operated by the department or by other agencies on behalf of the department.
As water services schemes, with appropriate staff and budgets, to receiving municipalities. This grantbewillconverted into a conditional grant up to 2004105 financial year to it will bc faciliite the transfer process, where after incorporated into the local government equitable share from the 2005/06 financial Year.
transiers may be made to water service providers such as water boards.
Ongoing support to local government to complete their WSDP's as input to their operating plans, budgets andIDP's Successful transferof 10%of the schemes to municipalities and or water boardsin2002103 Develop and implement, by1 July 2002, an appropriate rewardlincentivesystem for those municipalities who take early transfer of schemes, in co-operation with DPLG, SALGA and National Treasury.
inthis regard. The budget provided for the operation and maintenance of the schemes will initially be treated as 2 grant in kind until such time as transfer has been finalised.
the year willbetransferred with the remaining 3 year operating budget.
the yearwillbe transferred with the remaining 2 year operating budget.
2004/05 -Where transfer agreements are in place by 30 June 2004, schemes transferred during the year will be transferred with the remaining operating budget.
Targeted at all deparlmentally owned schemes. The initial emphasis will beto concentrate on those schemes where thelocalauthority is both willing and able to take transfer. Where schemes are operated andlor owned byCBO's, NGO's and Water Boards, localgovernment willbe expected to enter into water service provision agreements. Allocations will be publishedinthe gazetteby 1 March 2002. Funds willbe spent by the department until service provision agreementis in place. Allocations publishedinthe gazette are only indicative figures. The Monitoring& Evaluation svstem for Transfers. which was developed as part of the National InformationSY&m for Water &rvice will be used. The allocationis shown on the Water Affairs and Forestry vote. Once water services agreement are in place, the transfer will be shown as a conditional grant on municipal budgets, in recognition of the functional responsibilityof local government with regardtothe provision of water services. The allocation willbe made to the authority taking transfer, which will mainly be to theWSA but could also be to a water service provider. From 2005/6 the operating conditional grantbe administeredwill by DPLG as part of the local government equitable share. Limited progressinterms of actual transfers completed to date.
The basic Drogramme is asfollows: 0 2002j03io 2004105 -Implement the transfer Programme and actual budgeta transfers where all preconditions have been met. DWAF to support local government for water services operations. DWAF to other to continue service provision andlor hand over service providers wherelocalauthorities are unwilling or unable to take over service responsibilities.
to be handed over and managed by providers contracted byDWE but funded and supervised by other appropriate authorities. The grant will facilitate the transfer of water services schemes to municipalities, following which they will be incorporated into the equitable share. Implement the agreed policy and process for transfer.
Allocations by municipalities still to be finalised and submitted to National Treasury by 31 January 2002.
82 No.
The phased consolidation of municipal infrastructure transfers into the Municipal Infrastructure Grant (MIG) will commence in the 2002/03financial year. This consolidation programme is anticipated to finish by 2004/05.
Purpose To provide a framework for the consolidation of a number of infrastructure programmes into a single fund, throughtheestablishment of existing grantsprogrammes as windows within this grant.
Budget on which transfer The grant mustbe shown asa conditional grant on municipal budgets.
Reason not incomorated This is a specific capital transfer focussed on the national the Urban Renewal Strategy (URS) as well asthe Housing Programme. Phasing arrangements Grant willincorporate municipal infrastructure transfers for water services, public works, transport and sports and recreation over a period into the new grant programme. Capacity and The Department will make allocations to municipalities in consultation with the Departments of Water preparednessof Affairs and Forestrv. PublicWorks, Transport, Sports and Recreation, Housing and Land Affairs, and transferring department with theconsent b;l theNationalTre&uw.
be responsible for sectoral monitoring of municipal performance througi the Mun- Infrastructure Task Team(MITT). Further work by national National Treasury to produce framework to Cabinet for approval.
Four windows will continue to exist within the Municipal Infrastructure Grant, until such time as all funds are phased into thenew grant mechanism. These windows are listed below.
To support planning and implementation of job creation and poverty alleviation projects.
Poverty Alleviation reporting requirements.
Funds may onlybe committed to new projects once a formal agreement has been reached between the Department of Provincial and Local Government and the municipality regarding the ownershipof the asset and ongoing financial responsibiliiies for operating and maintaining the project.
The crkrii for the division of municipal allocations. is: Alignment with Social Plan Fund studies and/or the Integrated Sustainable Rural Development Strateov and/or the Urban Renewal Strateav. Whett& the project business plan meetsGecriteria of the LED Fund.
Projects are allocated annual budgets.
A further 1-2 instalments depending on the individual cash flow projections of each project. The last instalrnent will be paid during the second half of the year.
The grantwill be shown asa conditional grant on municipal budgets.
200projectshavebeenfundedtodate D 52 Complete; 50 Advanced; 68 in progress; 30 planning and unblocking of poverty through the Poverty Alleviation Fund. The departmenthas an established grant and project management framework.
Mlocations by municipalities still to be finalised and submitted to National Treasury by 31 January2002.
To-provide internal bulk, connector and internal infrastructure and community services and facilities for low income households.
CMlP funding.
Categories of projects funded 150water, 60sanitation, 50 roads projects per annum.
30%of each category.
Amaximumof 3,5 % oranagreedamount on eachallocationmay be utilised forprogramme management services by provinces Must be allocated in accordance with the Division of Revenue Act number of households without acckss to basic water services.
The grant must be shown as a conditional granton municipal budgets.
inception of programme have been serviced.
Will be consolidated into co-ordinated municipal infrastructure grant framework on completion of the policy framework.
UDon orovincial recommendation, the Department may submit to National Treasury an application for wflhdkwal and/or reallocation- of fundsfromonemunicipality to another,.
No of Local Labourers employed -No Target gben for the number as this differs from project type to project type and also on project size.
No of dwbM people employed-1.
No and type of assets created-No target as this depends on the budget for each project and the total allocation sites around the project.
upon the 1996census and 1997Household survey data. At least 30% of projectsare to be situated within the government's Priority Areas.
IDP's, which are then prioritised and submittedto the Provincial Coordination Committee for approval to enter the planning phase.
3 First payment made once implementing agent agreement signedbetweenCBPWP and municipality.
I of monthly inspections and reporting provided by Inunicipalities.fThe grant mustbe reflected on the receiving municipality's budget.
a In 1998/99No of projects-336; Asset value5 R267million; People employedP 29 360.
aI In 1999/00No of projects= 291: Asset value PR320 million: Peopleembyed-18 027.
RDP projects, with no staff or operating budgets, to receiving municipalities..
measurable outputs include:.
Projects are managed and monitored internally by DWAF, some through contract driven Build Operate, Train and Transfer arrangements, unless the municipality has a demonstrable capacity to do so itself. This will be done in amordance of the above conditions and to allow DWAF role as Regulator.
DWAPsongoing role in oversight of capital spending programmes tobe agreed by the respective ministries.
his is a specifii capital transferfocused on the nationalpolicy priority of ensuring all South Africans have access to safe water sources and acceptable sanitation systems.
by regionaltaskteams to drive the varies significan . Assessment will be canledout to rank all recipientsasto their preparedness toaccept transfer. The m'! to those local governments ready, willing and ablewill be given priority.
r Building for Sport and RecreationProgramme Transferring Sport & Recreation SA Note 18 department Purpose Promotion of sport and recreation within disadvantaged Communities by development of new and upgrading of existing sports faciliies and empowerment of the communities to manage the facilities in co-operation with the local municipality.
Employment targek to be met.
Municipalities are required to place theBSRP allocation on their budget.
Municipalities are required to operate and maintain the facilities.
The allocations are made within provinces in accordance with a Poverty Targeting Formula based upon the I 1996 census and 1997 Household survey data. Allocations between District and Local municipalities are made on the basisof the intended regional is more appropriate scope of the facility and thus which authority to develop and maintain the facilities. At least 30% of projects are to be situated within the government's PriorityAreas. The allocations areto provide a balance between rural and urbanlperi urban disadvantaged Communities. Municipalities identify their proposed projectsin terms of their IDP's, which are thenprioritisdby the Provincial departmentsof sport and recreation in line with provincial development priorities. As gazetted.
A Management Monitoring Information System has been introduced monitoring is carried out by the provinces, on thebasis of monthly inspections-.
The grant must be reflected on the receiving municipality's budget. The first payment willbe made once the hplementing agent agreement has been signed between that municipalities and communities are empowered to promote sport; and that employment targets are met.
To promote the planning of intermodal land transport infrastructure and omrations. the facilitation of integrated land use and-land transport planning, the development of guidelines in this regard and to initiate demonstration projectsin line with the Urban Transport Act, 1977.
The transfer mustbe shown as a conditional grant on municipal budgets.
Integrated Land Use And Land Transport Pians includes DPLG and Departmentof Land Affairs to ensure that the issues of the integrated land use is addressed in a holistic manner.
MODALINK ' e The funding is on for the current financial year.
Intermodal Facility. See measurable inputs for timeframes National priorities are determined annually basedon the National Department Business Plan.
The NDOT hasthe capacity to manage and monitor the business plans and contracts for the identified projects. However the successful implementation of these projects depends and is influenced by the Capacity of the receiving authority.
90 No.
Measurable outputs The number of connections madein relation to the capital invested.
Meet the requirements, e.g. in terms of documentation.
Have the financial, technical andstaff capabilities to distribute electricity and to expand the network process Allocation by The application timeframe will be communicated to of all licensed distributors. The date for final compilation province and the 2002/3 National Electrification Programme is 15 January 2002 for formal approval by 31 January 2002. municipality No late applications will be considered. The project cycle will be 1 April 2002 to 31 March 2003 and this will be managed strictly. Only projects with existing houses (or where house connections can be guaranteed before 31 March 2003) will qualify.
Past performance (Statics given are per calendar year.
Projected llfe The National Electrification Programme is ongoing and planned on a 3-year roiling basis in line with the MTEF. It aims atproviding uiversal access to-basicelectricityservi&s. Itsprojectedlife is 10years subject to current backlog and historic funding levels.
Reason not This is a specific capital transfer in support of the National Electrification Programme.
August R 12002 million million R 32.
AffairsForestry deplrtmenc Purpose To honour existing subsidy commitmentsin terms of Government Notice (ON) No.1341of 30June 1989(as amended) and ON NO. 247 of 6February 1987 (as amended) to municipalities who have installed water services works and obtained approval for subsidies in terms of section 162 of the WaterAct (Act No 54 of 1956)..
Budget on which The grantwill be shown as a conditional granton municipal budgets.
2001/02Allocation R1.
Government provides a number of fiscal support measures for to enhance municipal management and service delivery capacity. The thrust of these transfers is to implement reforms. in municjpal development planning, budgeting andperformance monitoring systems. An additional set of transfers assists municipalities to implement medium-term institutional and financial restructuring programmes that reduce fiscal stress, expand service delivery and improve the quality of services provided.
A framework to prepare for the consolidation of these grants was gazetted on 31 May 2001. In the course of the financial year, a number of additional funding channels have been identified, and these funds have been incorporated into the Municipal Systems Improvement Programme. Further steps in this process of consolidation are currently under development andwill be published shortly.
Transferring department Provincial and Local Government performance management, and related local public sector management reforms, which must be within that municipality's budgetary framework.
Comprehensive annual performance reports by a//the pilot municipalities by end of March 2002.
Contracts on the establishment of thePIMS-Centres mustbe signed between the Department of Provincial and Local Government, District Municipality and Donors.
PIMS-Centres must provide support to District and local municipaliiies within the areaof jurisdiction of that District Council.
The portionof the grant must be utilised for spatial planning andIDPrelated activities..
Municipal must set key performance indicators and measurable targets as part of their IDP process. Allocation Criteria established demand established. District Municipality.
The Departmentwill be implementing a PMS pilot programme with 27 municipalities that are strong, have capacity and areof economic importance to test the implementation of PMS through the implementation of Interim IDPs. Only 25 municipalities will be assisted financially.
For the next two financial years 40 selected municipalities will be assisted financially to set up their Perfomance Management Systems. 4llocatlon by provinceand The grantwill be reflected in provinces, district and local municipalities' budgets. The first transfer nunlclpallty will be made up-front and subsequent ones in two instalments.
Quarterly progress reports on PIMS-Centres will be received from the Provincial P1MSS forums.(ThePIMSSforum ismadeofrepresentativesfromDistrictandLocal municipalities, members of theNationalPIMSSTaskTeamandPIMS-Centre professionals).
All the pilot municipalities will be expectedto submit quarterly progress report.
Land Affairs as per LDO/spatial planning grant commitments.
Budget on which transfer is The budget will be transferred directlyto, district and local municipalities.
Projected life 3years.
vv equitable share municipal capacity.
cokcts, secured donor funding for setting upcostsand District Councils contribute operational has been beefed up.
Purpose To support Integrated SustainableRural Development Strategy (ISRDS)nodalmunicipalitiesto establish institutional systems and nodal delivery teams for planning, project Initiationand implementation of the IRDP.
Pmj& initiated for implementation in the nodes in line with IIDPs.
The grant must be usedfor project initiationto promote integrated rural deve-m 88 part of the integrated development planning in the 2002/200~1 for the nodes has been approved by DPSA ar I R32.
the signing of grant municipality agreements. Monitoring system A management team will be appointedby the Treasury to assist with the technical evaluation of applications and regular reports required projected life Five years, depending grant programmein2003/04.
Further work by national budgeting, management, monitoring in municipalities and implementationof the Municipal Finance Management Act.
Improvements in internal and external reporting on budgets and financial information.
A Council commitmentto employ an appropriately skilled chief financial officer.
Submission of a checklist identifying critical financial management areasto be addressed.
Submission of a plan to address shortcomings andto implement reforms.
B, and C municipalities able to commit to implementing the financial reforms.
Department to produce framework for capacity building by 31'January 2002.
by 31 96 No.
Purpose To assist medium and small municipalities experiencing severe financial problems to restructure their financial positions and organisations over the medium term. Measurable Outputs Althoughoutputs will varybetweenmunicipalities.
Submiision of business plans, by provinces to the national transferring officer, stipulating the processes to be undertaken by the province in order to address the financial restructuring needs of municipalities.
Provinces must gazette allocations before transfarring funds to municipalities.
Adequate measures are put in place to ensure compliance with the conditionsofthe funds at municipal level.
Allocation Criteria Allocations are made to Provinces acwrding to assessed needinorder to assist them inme&m-their Constitutional obligation to support the municipalities, and monthly expenditure reportsasrequiredby the Divisionof RevenueAct. Budget on which Transfer is 1 Anyfundsspent by provinces for the benefit of local government will be reflected as resource Shown bansfers in the books of the municipality. Financial assistance. being a direct income in the budget of the municipality to the Auditor-General and own affairs, to exercise theirpowers andto performtheir functions. Capacity and Contractors have been appointed the2001102 and to assistthe Department and provinces during Preparedno% of I:2002/03 municipal financial years, with an option to extend their assistance by a further12 months Transferring Department thereafter.
To provide for- the equitabledivisionof revenue raised nationallyamong the national, provincial and local spheres of government for the2002/2003 financial year; reporting requirements for such allocations; to provide forthe withholding and the delaying of payments; liability for costs incurred in litigation in violation ofthe principles of co-operative governance and intergovernmental relations; and to provide for matters connected therewith.
"Constitution"means the Constitution of the Republic of South Africa, 1996 (Act No.108 of i996); "Director-General"means the Director-Generalof the National Treasury; "financialyear" means, in respect of the nationalandprovincialspheres of government, the financial year commencing on 1 April 2002 and ending on 31 March 2003 and, in respect of the local sphereof government, the financial year commencing on1July 2002 and ending30June 2003; "head official of the provincial treasury" means the head of theprovincial department responsible for financial matters in the province; "Intergovernmental Fiscal Relations Act" means the IntergovernmentalFiscal Relations Act, 1997 (ActNo. 97 of 1997). "municipality" meansamunicipalityestablished in terms of the Municipal Structures Act; "municipalaccounting offlcer"means themunicipalmanager of a municipality; "Municlpal Structure8 Act" means the Local Government: Municipal Structures Act, 1998 (Act No.
"prescribe"means prescribeby regulation in terms of section 34 of this Actor the Division of Revenue of Act, 2001 (Act No.
"Public Finance Management Act"means the Public Finance ManagementAct, 1999 (Act No.
102 No.
"SALGA" means the national organisation recognised in terms of section 2(l)(a) of the Organised Local Government. Act,1997 (Act No.
3 or 5 allocation for the purpose of transferring it to a municipality in the relevant province.
ensure that proper financial management is applied; and ensure that legal proceedings between organs of state of the three spheres of government are avoided.
in the Adjustments Budget.
104 No.
A recommended division of anticipated revenue for the next financial year and the2004/2005 financial year, and which is subject to the provisions of the annual Division of Revenue Act in respect of those financial years, is set out in Column B of Schedule 1.
Equitable division of provincial share among provinces of the financial year is set out in Columnof ScheduleA 2 and such share may be adjusted through the provision of further allocations in the Adjustments Budget.
Eachprovince'sequitablesharecontemplated in subsection (1) must betransferred to the province in weekly installments in accordance withapayment schedule determinedby the National Treasury after consultation with the head officials of the provincial treasuries.
with a payment schedule referredto in subsection (2) in respect of that province.
Theadvancescontemplated insubsection (3)must be set-off against transfers to the province which would otherwise become due in terms of that payment schedule.
be published by the Minister in the Gazette.
200412005 financial year.
106 No.
1,the national government bears the shortfall.
If actual revenue raised nationally in respect of the financial year is in excess of the anticipated revenue set out in Schedule 1, the excess accrues to the national government and forms part of its equitable share.
Despite subsection(2),the national government may, by means of an Adjustments Budget, and additional to the equitable share allocation and the allocations contemplated in Part 111, make additional allocations to provinces and local government from its equitable shareof the nationally divided revenue.
Theadditionalallocations to provincesandlocalgovernment contemplated in subsection (3) may be a direct charge against the National Revenue Fund.
Schedule6 contains allocations-in-kindto provinces or municipalities for designated special programmes.
B of the Schedules referred toin subsection(1).
108 No.
division of the allocation for the next financial year set out in Schedule 3 or 4 or 5 be transferred to a province or municipality as a direct charge against the National Revenue Fund.
Thetransfer of anallocationnotlistedin the Schedulescontemplated in Part111 of this Act may only be made with the permission of the Minister and must be published in the Gazette.
the allocation is approved by Parliament in an Adjustments Budget; or the allocation is for the purposeof defraying expenditureof an exceptional nature contemplated in section 16 of the Public Finance Management Act.
submit to the National Treasury an assessmentof the likelihood for the provinceor municipality which receives, or benefits from it, to spendit or benefit fromit in the financial year.
the steps taken by the provinceto improve the collection of its revenue; and the province's compliance with this Act, national legislation contemplated in sections 230 of the Constitution, and with resolutions of the Budget Council established in terms of the Intergovernmental Fiscal Relations Act.
submits to the National Treasury a prescribed planon estimated spending for the next financial year, the2004/2005and 2005/2006financial year; and indicates to what extent it will match the allocations contemplated in paragraphs (a) and (b).
2004/2005financial year, unless the National Treasury grants exemption from compliance with this requirement; and be in accordance with a distribution formula approved by the National Treasury.
TheNationalTreasurymay, for the purposes offacilitatingthe consolidation of municipalinfrastructure programmes, reallocatefundsbetween programmes and votes of national departments if such funds are uncommitted or unlikely to be spent in the current financial year.
of municipalities to perform functions assigned to them may only be made in terms of a framework determinedby the national accounting officer for local government in consultation with the Director-General.
A transferring national officer who has not complied with subsection must, unless the National Treasury has, for exceptional reasons directed otherwise, transfer such funds unconditionally to provinces and municipalities: Provided that the Minister may determine that such funds be allocated on the basis of the equitable division formula.
such other issues as the National Treasury may determine.
A provincial accounting officer intending to make an allocation, other than an allocation listedin any Schedule to this Act, to a municipality from the provincial Revenue Fund, in the financial year must, by the prescribed date, provide the Provincial Treasury with the prescribed information and the Provincial Treasury must publish such information in the Provincial Gazette.
40(4)(c) of the Public Finance Management Act, within 15 days after the endof each month, submit a report to the relevant Provincial Treasury, the relevant provincial executive authority and the transferring national officer; and a municipality, within 10 days after the end each month, submit a repod to the relevant transferring nationalor provincial officer.
116 No.
any problems of compliance, by transferring provincial officers and receiving officers, with the provisionsof this Act, and the steps taken to deal with such problems.
the provincial infrastructure allocation, be made at the end of each month.
contain, such other information as the National Treasury may determine.
taken to deal with the causes payment delay.
The Minister may, by notice in theGazette, approve that an allocation or a portion of it withheld in terms of subsection(l),be utilised to meet a municipality's outstanding statutory financial commitments.
The utilisation of anallocationsetout in the Schedulesor the provincial infrastructure allocation for purposes other than those set out in the Schedules concerned, constitutes a breach of section 216(1) of of the measures established in terms the Constitution.
Despite subsections(2)and (3),the National Treasurymayauthorise of an allocation set out in Part 111 Schedules, which remains afterthe fulfillment of its purpose, and compliance with the conditions to whichit is subject.
which, due to non-compliance by the transferring national officer with the provisions of this Act, cannot flow toa province or municipality, be-allocated unconditionally to provinces or municipalities.
Despiteanything to the contrarycontained in any law, thetransferof an allocationto a province in error is regarded as not legally due to the province for the purpose of its Revenue Fund.
124 No.
TheDirector-Generalmaydirectthat the'recovery contemplated in subsection (1) be effected by set-off against future transfers to the province, which would otherwise become duein accordance witha payment schedule or any other transfer.
Despite anything to the contrary contained in any law, the transfer of an allocation toa municipality in error is regarded as not legally due to that municipality and must be recovered without delay by the responsible transferring national officer.
The national accounting officer responsible for local government may direct that the recovery contemplated in subsection (4) -be-effected by set-off against transfers to the municipality concerned, which would othennrise become due inaccordance with any payment schedule.
accordance with any directions by the national accounting officer responsible for local government.
Funds tofollow transfer of functions or obligations another or from one sphere of government to another must take place with the prior written approval of the National Treasury and the national accounting officer responsible for provincial and local government and, unless the Minister has directed otherwise, includes the transfer of funds availableto the transferring organof state orsphere of government for performing such functions or obligations.
Despite anythingto the contrary contained in thisAct or any other law, the National-Treasury may, for the purpose of facilitating the transfer of funds contemplated in subsection(l),stop the transfer of funds to the transferring organ of state or sphere of government.
126 No.
The National Treasury may, in the interestof improved debt and cash-flow management:or on the groundsof substantial non-compliance with any condition to which an allocation is subject, amend any payment schedule of an allocation listed in Schedule 3, 4 or 5, and direct that no transfer of funds be effected through the payment schedule amended in accordance with subsection(1) or that the payment schedulebe amended as directed by it.
the accounting officer is taking steps to comply with the provisionsof this Act of the financial year.
may only be granted ifthe accounting officer can provide reasons why information was not included in respectof an allocation listedin a Schedule; and any condition to which it may be subject, must be published in the Gazette.
(I),the expenditure incurred by that organ in approaching the court is regarded as fruitless and wasteful.
anything which must or may be prescribed in terms of this Act; and any matter which is necessary to prescribefor the effective implementationof the provisions and objectsof this Act.
National share includes conditional grants to provincial and local spheres.
Smallroundingdifferencesmay mist betweenthenumbersin these Schedules and the Explanatory Memorandum. Itshould be noted that these numbers are provisional and may change marginally when the final Budget is tabled on 20 February 2002.
134 No.
136 No.
140 No.
Section 10 of the Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of 1997) ("the Act") requires that, as part of the process of the enactment of the Act of Parliament referred to in paragraph 1, each year'when the annual budget is introduced, the Minister of Finance ("the Minister") must introduce in the National Assembly, a Division of Revenue Bill ("the Bill") for the financial year to which thist budget relates.
GAZETTE, 2001 3.
3.3Anyassumptionsor fcrmulaeused in arrivingattherespective shares of the three sphleres of government and the division of the provincial share between the nine provinces.
The Bill is introduced in compliance with the requirements of the Constitution and the Act as set out in paragraphs 1and 2 above.
Budget Day.
The Bill builds onthe provisionsofthe Division ofRevenueAct:' 2001 (Act No 1 of 2001) ("the Division of Revenue Act") and deals with a number of matters consequential upon policy changes, set out inter alia in the 2001 IntergovernmentalFiscalReview.
146 No.
7.3 The Bill assumes that all grants to local governmentaredivided between municipalities by Budget Day.
The Bill must be dealt with in accordance with the procedure set out in section 76(1)of the Constitution as it provides for legislation required in Chapter 13 of the Constitution, and affects the financial interests of the provincialsphere as contemplatedin section 76(4)(b) of the Constitution.
<fn>GOV-ZA.22937En.2012-02-10.en.txt</fn>
No comments are after 14 January 2002 will be considered.
a rapid and effective response to.
Local Government: Municipal Structures Act,1998 (Act No.
"national organofstate" means a national department or national public entity defined in section 1 of the Public Finance Management Act,1999 (Act No.
"provincial organ of state" means a provincial department or provincial public entity defined in section 1 of the Public Finance ManagementAct, 1999 (Act No.
j "response",in relation to a disaster, means measures taken during a or immediately after disaster in order to bring reliefto people and communities affected by the disaster; "special event"means any assemblyor concourse. of people in or on any public place, stadium or premises open to the public, other than a gathering as definedin section 1of the Regulation of Gatherings Act, 1993(Act No.
the capacity of such public place, stadium or premises exceed 20 000 persons; and place, stadium or premisesin question; "statutory functionary"means a person performing a function assigned to that person by national, provincial or municipal legislation; "this Act" includes any regulations made in termsof section 59. "vulnerabllity" means the degree to which an individual, a household, a community or an area may be adversely affected by a disaster.
if, and from the date on which, a state of emergency is declared to deal with that occurrence in terms of the Stateof Emergency Act, 1997(ActNo.
The Minister may in consultation with Cabinet members responsible for the administration of national legislation referred to in subsection (l)(b), issue guidelines on the application of that subsection.
Where provincial legislation regulating disaster managementin a province is inconsistent with this Act, this Act prevails over the provincial legislation subject to section 146 of the Constitution.
This Act is administered by a Cabinet member designated by the President.
Management consistingof-Cabinetmembersinvolved in disaster management or theadministration of legislation referred to in section2(l)(b); MECs of each province involved in disaster management or the implementationof legislation referred to in section 2(l)(b) in their respective provinces, selected by the Premier of the province concerned; and representativesof organised local government, selected by the South African Local Government Association.
The Head of the National Centre is the chairperson of the Forum.
and other disaster management role-players consult one another and co-ordinate their actions on matters relating to disaster management.
may advise any organ of state, statutory functionary, the private sector, non-governmental organisation or community on any matter relating to disaster management.
Before or the disaster prescribingamendingnational management framework, the Minister must publish particulars of the proposed framework or amendment in the Gazette for public comment.
Contents of national disaster management framework transparent and inclusive policy disaster management appropriate for the Republica on as whole.
Establishment the public service.
The National Centre forms part of, and functions within, a department of state for which the Minister is responsible.
The objective of the National Centre is to promote an integrated and co-ordinated system of disaster management, with special emphasis on prevention and mitigation, by national, provincial and municipal organs of state, statutory functionaries, other role-players involved in disaster management and communities.
A person appointed as the Head of the National Centre holds office in the Department on terms and conditions set out in a written employment contract which must include terms and conditions setting performance standards.
When the Headof the National Centreis absent or otherwise unable to perform the functions of off ice, or duringa vacancyin the off iceof Head of the National Centre, the Director-General of the Department may designate another person in the serviceof, or seconded to, the Department to act as Head of the National Centre.
of section 14.
The Head of the National Centre performs the functions of office subject to section 15 (3).
Staff persons in the service of the Department designated by the Director-Generalof the Department to performthe duties of the National Centre.
An employee of an organ of state or other organisation may be seconded to the National Centre by agreement between the Director-General of the Department and that organ of state or organisation.
Personsseconded to theNationalCentreperformtheirfunctions of office subject to the control and directionof the Head of the National Centre.
a provincial disaster management centre, by agreement with the MEC responsible for the department in which the centre is located; or concerned.
is subject to the limitations or conditions that the Head of the National Centre may impose; and does not divest the Head of the National Centre of the responsibility concerning the exercise ofthe delegated power or the performanceof the assigned duty.
(l),but no such variation or revocation of a decision may detract from any rights that may have accrued as a resultof the decision.
engage in any lawful activity, whether alone or together with any other organisation in the Republic or elsewhere, aimed at promoting the effective exercise of its powers or the performanceof its duties; exchange information relevant to disaster management with institutions performing functions similar to thoseof the National Centre in the Republic and elsewhere.
Department; and subject to the Public Finance Management Act,1999 (Act No. 1of 1999).
provincial and municipal disaster management centres.
their control; and establish effective communication links with contact persons identified by those role-players.
private sector organisations with specialised equipment, skills or knowledge relevant to disaster management; private sector voluntary agencies involved in disaster management; and foreign non-governmental organisations and international organisations involved in disaster management in southern Africa.
vulnerable to disasters.
each disaster classified by the National Centrein terms of section23, including the assessment of the National Centre of the disaster and the information recorded in the register referred to in subsection (l)(c) of that section; and research and training facilities for disaster management disciplines.
The National Centre must take reasonable steps to ensure that the database is electronically accessible by any person free of charge.
establishing security safeguards to protect the database from abuse; and classifying parts of thedatabaseasrestricted areas andlimitingaccesstothose parts to persons authorised by the Minister.
Gathering of information for the purpose of section 16 or 17, to provide such information to the National Centre within a reasonable period determined by the National Centre.
If an organ of state fails to comply with a request, the National Centre must report the failure to the Minister, who must take such steps as may be necessary to secure compliance with the request, including reporting the failure to Parliament.
the integration of prevention and mitigation methodologies with development plans, programmes and initiatives; and governmental organisations, communities and individuals.
from time to time, measure performance and evaluate such progress and initiatives.
acting in any other way approved by the Director-General of the Department.
classify the disaster as a local, provincial or national disaster in accordance with subsections (4), (5)and (6); and record the prescribed particulars concerning the disaster in the prescribed register.
may enlist the assistance of an independent assessor to evaluate the disaster on site.
TheNationalCentremayreclassify a disasterclassified in terms of subsection (l)(b) as a local, provincial or national disaster at any time after consultation with the relevant provincial or municipal disaster management centres, if the magnitude and severity or potential magnitude and severity of the disaster is greater or lesser than the initial assessment.
it affects a single metropolitan, district or local municipality only: and the municipality concerned, or, if it is a district or local municipality, that municipality either alone or with the assistance of local municipalities in the areaOf the district municipality, is able to deal with it effectively.
a single province which is unable to deal with it effectively.
Until a disaster is classified intermsof this section, thedisastermust be regarded as a local disaster.
for the co-ordination and management of the disaster, but an organ of state in another sphere may assist the sphere having primary responsibility to deal with the disaster and its consequences.
The National Centre must, at the same time that its report issubmitted to the Minister in terms of subsection (l), submit a copy of the report to each provincial and municipal disaster management centre.
A national of must a of disaster organstate submit copy its management plan and of any amendment to the plan to the National Centre.
If a national organ of state fails to submit a copy of its disaster management plan or of any amendment to the plan in terms of paragraph (a), the National Centre must report the failure to the Minister, who must take such steps as may be necessary to secure compliance with that paragraph, including reporting the failure to Parliament.
This section does not preclude a provincial or municipal organ of state from providing assistance to the national executive to deal with a national disaster and its consequences, and the national executive, in exercising its primary responsibility, must act in close co-operation with the other spheres of government.
or other special circumstances warrant the declaration of a national state of disaster.
If a.
dealing with the destructive and other effects of the disaster.
of the regulations.
Gazettebefore it lapses in terms of paragraph (a); and may be extended by the Minister by notice in the Gazette for one month at a time before it is to lapse in terms of paragraph (a), or the existing extension is due to expire.
A provincial disaster management centre forms part of, and functions within, a department designated by the Premier in the provincial administration.
A provincial disaster management centre may engage inany lawful activity in the province, whether alone or together with any other organisation, aimed at promoting the proper exerciseof its powers or performance of its duties.
The MEC responsibleforthedepartment in which a provincialdisaster management centre is located, must, subject to subsection(2) and legislation governing the public service, appoint a person as the head of the provincial disaster management centre.
A person appointed as the head of a provincial disaster management centre holds office on terms and conditions set out in a written employment contract which must include terms and conditions setting performance standards.
is responsible for the exercise by the centre of its powers and the performance of its duties; and takes all decisions of the centre in the exercise of of its powers and the performance its duties, except decisions taken by another person in consequence of a delegation by the head of the centre.
The head ofa provincial disaster management centre performs the functions of office subject to section30(3).
develop and maintain the.
or of information reasonably required by that centre forthe purpose of subsection (l)(a) or (b), to provide such information to the centre within a reasonable period determinedby the centre.
A provincial disaster management centre must promote formal and informal initiatives that encourage risk-avoidance behaviour by organs of state, the private sector, non-governmental organisations, communities and individuals in the province.
WheninformingtheNationalCentreintermsofsubsection (l)(b), the provincial disaster management centremay make such recommendations regarding the classification of the disaster as may be appropriate.
The MEC must submit the report to the provincial legislature within30 days after receipt of the report from the provincial disaster management centre.
The provincial disaster management centre must, at the same time that its report is submitted to the relevant MEC in terms of subsection (I), submit a copy of the report to the National Centre and to each municipal disaster management centre in the province.
A forumenvisagedbysubsection (1) isabody in which aprovincial government and relevant disaster management role-players in the province consult one another and co-ordinate their actions on matters relating to disaster management in the province.
co-ordinate and align the implementation of.
The disaster management plan of a provincial organ of state referred to in subsection (1) must form an integral part of its planning.
A provincialorgan of state mustsubmitacopy of its disaster management plan and of any amendment to the plan,. to the National Centre and the relevant provincial disaster management centre.
A province must submit a copy of its disaster management plan, andof any amendment to the plan, to the National Centre and each municipal disaster management centre in the'province.
Theexecutive of a province is primarily responsible for the co-ordination and management of provincial disasters that occur in the province, irrespective of whether a provincial state of disaster has been declared in terms of section 41.
providing assistance to a provincial executive to deal with a provincial disaster and its consequences.
existing legislation and contingency arrangements do not adequately provide for the provincial executive to deal effectively with the disaster; or other special circumstances warrant the declaration of a provincial state of disaster.
other steps that may be necessary to prevent an escalation of the disaster, or to alleviate, contain and minimise the effectsof the disaster.
property;protecting dealing with the destructive and other effects of the disaster.
may be terminated by the Premier by notice in the provincialgazette beforeit lapses in terms of paragraph (a); and may be extended by the Premier by notice in theprovincialgazettefor one month at a time before it of paragraph (a), or the existing extension is to lapse in terms isdue to expire.
A district municipality must establish its disaster management framework after consultation with the local municipalities in its area.
Amunicipalcouncilmust, subject to the applicableprovisionsoftheLocal Government: Municipal Systems Act,2000 (Act No. 32 of 2000),appoint a person as head of its municipal disaster management centre.
is responsible for the exercise by the centreof its powers and the performance of its duties; and in accordance with the directions of the council, takes all decisions of the centre in the exercise of its powers and the performance of its duties, except decisions taken by another person in consequence of a delegation by the head of the centre.
The head of a municipal disaster management centre performs the functions of office subject to section44(3).
develop and maintain the disaster management electronic database envisaged in section 17 in so far as the database applies to the municipality; and preparation and regular review of disaster management plans and strategies, including contingency plans and emergency procedures; and particularly prevention and mitigation strategies, with developmentandplans programmes.
of information reasonably required by that centre for the purpose of subsection (l)(a) or (b), to provide such information to the centre within a reasonable period determinedby the centre.
If amunicipalorgan of state failstocomplywitharequest, themunicipal disaster management centre must report the failure to the executive mayor or mayor, as.
. secure compliance with the request, including reporting the failure to the municipal council.
A municipal disaster management centre must promote formal and informal initiatives that encourage risk-avoidance behaviour by organs of state, the private sector, non-governmental organisations, communities, households and individuals in the municipal area.
assistance in the circumstances; and initiate the implementation of any contingency plans and emergency procedures that may be applicable in the circumstances.
framework, the disaster management framework of the province concerned and the disaster management framework of its municipality; the way in which these problems were addressed and any recommendations the centre wishes to make in this regard; progress with the preparation and regular updating inof sectionsterms 52 and 53of disaster management plans and strategies by municipal organs of state involved in disaster management in the municipal area; and an evaluationof the implementation of such plans.
The disaster management centreof a district municipality that is operated in partnership with local municipalities within the area of the district municipality, must prepare its report in consultation with those local municipalities.
experts in disaster management designated by the executive mayor c.mayor, as the case may be; and discussion.
another and ordinate their actions on matters relating to disaster management in the municipality.
(a) A municipalentityreferred to in subsection (1) mustsubmitacopy of its disaster management plan, and of any amendment to the plan, to the National Centre and the relevant provincial and municipal disaster management centres.
If a municipal entity fails to submit a copy of any of itsdisaster management plan or amendment to the plan in terms of paragraph (a),the National Centre or relevant provincial or municipal disaster management centre must to the executive mayor report the failure or mayor, as the case may be, of the municipality concerned, who must take such steps as may be necessaryto secure compliance with that paragraph, including reporting the failure to the municipal council.
Eachmunicipality must-prepare a disaster management plan for its area according to the circumstances prevailing in the area; co-ordinate and align the implementationof its plan with those of other organsof state and institutional role-players; regularly review and update its plan; and through appropriate mechanisms, processes and procedures established interms of Chapter 4 of the Local Government: Municipal Systems Act,2000 (Act No.32 of 2000),consult the local community on the preparation or amendment of its plan.
ordination and management of local disasters that occur inits area; and the council of a district municipality, acting after consultation with the relevant local municipality, is primarily responsible for the co-ordination and management of local disasters that occur in its area.
55(1);or in terms of existing legislation and contingency arrangementsas augmented by by-laws or directions made or issued in terms of section 55(2),if a local state of disaster has been declared.
existing legislation and contingency arrangements do not adequately provide for.that municipality to deal effectively with the disaster; or other special circumstances warrant the declaration of a local state of disaster.
of premises in the disaster-stricken the provision, control or use of temporary emergency accommodation; the suspension or limiting of the sale, dispensing or transportation of alcoholic beverages in the disaster-stricken or threatened area; the maintenance or installation of temporary lines of communication to, from or within the disaster area; the disseminationof information required for dealing with the disaster; emergency procurement procedures; the facilitation of response and post-disaster recovery and rehabilitation; or other steps that may be necessary to prevent an escalation of the disaster, or to alleviate, contain and minimise the effects of the disaster.
penalties for any contravention of the by-laws.
may be terminated by the council by notice in the provincialgazette before it lapses in terms of paragraph (a): and may be extended by the council by notice in theprovincialgazette for one month at a time before in terms of paragraph (a), or the it is to lapse existing extensionisdue to expire.
Management Act, 1999, which provide for the useof funds in emergency situations.
disaster recovery and rehabilitation.
The cost of repairing or replacing public sector infrastructure should be bome by the organ of state responsiblefor the maintenanceof such infrastructure.
the magnitude and severity of the disaster, the financial capacityof the victims of the disaster and their accessibility to commercial insurance.
whether the damage caused by the disaster is covered by adequate insurance, and if not, the reasons for the absence or inadequacy of insurance cover; and the magnitude and severity of the disaster and whether or not available financial resourcesatlocallevel, or if it isaprovincialdisaster, atprovinciallevel, are exhausted.
Any person that meets the pre.scribed minimum requirements may apply to enrol as a volunteer in the unit of volunteers of a relevant municipality.
A municipality that has established a unit of volunteers must submit the prescribed particulars of any person that has enrolled in terms of subsection (2) to the National Centre within 21 days of such a person's enrolment.
different positions of command within a unit of volunteers; and the transfer of a volunteer from one unitof volunteers to another unit of volunteers.
Act; and providingforthepayment, out ofmoneysappropriatedbyParliamentforthis purpose, of compensation to any person, or the dependants of any person, whose death, bodily injury or disablement results from any event occurring in theof course the performance of any function entrusted to such person in terms of this Act.
provide that if in the opinion of the authority referred to in paragraph (a)(ii),it is for any reason undesirable to pay the whole amount of any compensation payable in terms of such regulations directly to the person entitled thereto, the said authority may direct that such compensation, or any part thereof, be paid tosome other person, on such conditions as to its administration for the benefit of such first-mentioned person or his or her dependants as that authority may determine.
The Minister may in terms of subsection (1) prescribe a penalty not exceeding imprisonment for a period of six months or a fine for any contravention of or failure to comply with a regulation.
A personisguilty of anoffence if that person fails to comply with a request made by the National Centre a or municipal disaster in terms of section18 (1) or provincial management centre in terms of section 32(2)(a) or 46(2)(a).
A personconvicted of an offence mentioned in subsection (1) is liable on or or to both convictionto a fine to imprisonment not exceeding six months a fine and such imprisonment.
Where an organ of state provides assistance to another organ of state for purposes of this Act, the officials and equipment of the organ of state so providing assistance, must, for purposes of conditions of employment; utilisation of equipment and insurance, be deemed to be deployed within the normal area of the organ of state providing of jurisdiction assistance.
security sufficient personnel to give effect to the execution of such a disaster management plan.
Phasing in ofcertain provisions ofthis Act 64-(11 (a)TheMinister, by notice in the Gazette, mayphaseintheapplicationof the provisions of this Act which placea financialor administrative burden on organs of state by determining the period within which, and the extent to which, an organof state must comply with a particular provision of this Act.
(c)apply to a specificmunicipalorganofstate, subject to the LocalGovernment: Municipal Systems Act,2000 (Act No.
determine different periods in respect of different organs of state identified in terms of paragraphs (a) to(c).
(1)(a)TheCivilProtectionAct,1977(ActNo.67of1977),totheextentthat provisions of that Act have not been assigned to a province, is repealed.
Provisions of thatActthatwereassignedtoaprovince, continue to apply in the province until repealed by the provincial legislature.
Despite the repealof provisionsof the Civil Protection Act,1977,section9of that Act continues to apply to any death, injury or disablement as described in that section, which occurred before the repealof that section.
2002, and comes into operation on a date determined by the Presidentby proclamation in the Gazette.
<fn>GOV-ZA.22En.2012-02-10.en.txt</fn>
Foreword by MEC for Roads and Transport Honorable Pinky Kekana The people of Limpopo knew that the ANC cares and historically has stood for the poor when they cast their votes. The ANC will not deviate from the...
Foreword by MEC for Roads and Transport Honorable Pinky Kekana for the Strategic Plan The people of Limpopo knew that the ANC cares and historically has stood for the poor when they cast their votes. The ANC...
A driver's licence is a privilege - but no guarantee that the owner will be a safe driver! Drivers need to work on their driving, improve their skills all the time and seek to gain awareness on those aspects that...
It is important to stay alert at all times - and to act with extreme caution when climbing behind the steering wheel of a vehicle. Not only does the driver have to avoid distractions - but passengers have to ensure...
BEWARE OF OTHER DRIVERS It is always important to remember that the road belongs to everyone, and that the motorist has to beware of other motorists on the road. Together with darkness and rainy conditions, other road-users may...
Roadworks and Road Safety Science & Speed Camera Enforcement In the City of Johannesburg it was found that the level of obedience to speed limits in road works was much lower than elsewhere, and that the attitude of some...
<fn>GOV-ZA.22jul20041En.2012-02-10.en.txt</fn>
Last week I drew attention to the routine nature of statistical revision. However, some commentators seem to believe that revision of already published statistics implies that errors requiring rectification have been uncovered and that this throws doubt on the competence of those gathering and disseminating the data.
Others have suggested that statistical revision involves a conspiracy to change data to appease powerful interests - for example, raising gross domestic product (GDP) or reducing unemployment rates, to improve perceptions of government performance.
Last week's column cited a paper by Len Cook, a respected statistician and the head of the British Office of National Statistics, in which he argued that "revisions to official statistics are expected and inevitable".
This week, Cook's explanation for this is set out in greater detail, as it has relevance wherever official statistics are gathered, disseminated, analysed and revised.
"Official statistics involve a good number of simplifying assumptions. These are required to approximate in a timely fashion the complexity, richness and interdependence of the economy," Cook explains.
This is achieved through the rapid operation of highly standardised processes and an understanding of sampling variability.
"The core process used to calculate many key economic measures is a weighting together of transaction information sampled from large numbers of disparate businesses, using price and product mixings to generate 'whole economy' estimates from a sample of economic activity."
"This relies on assumptions of continuity for structures and structural relationships for fixed periods. From time to time the underlying structural assumptions are updated, but inevitably only in retrospect, giving rise to potential revisions," Cook says.
Are these revisions the result of incompetence or inadequacy on the part of the agency collecting statistics?
Very rarely, says Cook. "Revisions are a necessary consequence of normal statistical processes, with very few of them arising as a result of mistakes or 'errors' in the popular sense of the word."
"All estimates, by definition, are subject to statistical 'error', but in this context the word refers to the uncertainty inherent in any process of calculation that uses sampling estimates or modelling."
"Most revisions are planned, and reflect either the adoption of new statistical techniques or the incorporation of new information which allows the statistical error of previous estimates to be reduced. Only rarely are there avoidable 'errors' such as human mistakes or system failures."
Cook juxtaposes two examples from the recent history of official statistics in Britain to explain this distinction.
In 2002, regional estimates were withdrawn after a processing error was found. This involved what might be termed "human error" or "system failure".
On the other hand, "revisions to historic annual estimates of GDP, to quarterly growth of GDP in 2003, and to monthly estimates of industrial production and of retail sales in September 2003 were not the result of avoidable errors".
The magnitude of routine statistical revision depends, to a large extent, on the stability of the business register used for the drawing of samples.
Over the past few years, Statistics SA has developed a new business register based primarily on information derived from the SA Revenue Service's VAT database. The increased coverage this new register provides has led and will lead to revision of some statistics.
However, there are other important factors that determine the necessity for revision.
As Cook puts it: "The world around is in a state of continuous change. A more rapid rate of change means that revisions are potentially bigger when systems and methods are updated."
"Globalisation and the growing use of information and communications technologies to change business practices have widened the scope of the economy, as has the acceleration in the growth of new products."
There can be little surprise that Stats SA, along with most credible official statistics agencies in the world, revises statistics from time to time, and that these revisions are invariably the result of improvements in the quality of the data gathered and the methodologies and tools used.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. Len Cook's unpublished paper is titled Revisions to Statistics: Their Role in Measuring Economic Progress. For more information on Stats SA and its statistical outputs, visit www.statssa.gov.
<fn>GOV-ZA.22jun20051En.2012-02-10.en.txt</fn>
Statistics South Africa will be introducing the Quarterly Employment Statistics (QES) as from the 28 June 2005. This survey is based on the improved sample and coverage, which the Survey of Employment and Earnings, the statistical release P0275, is based. The first statistical release based on this sample for the quarters December 2004 and March 2005, will be published as the Quarterly Employment Statistics (statistical release P0277.1) at the same time as the current Survey of Employment and Earnings (P0275) for the March 2005 quarter on 28 June 2005 at 11h30. As from June 2005, the Quarterly Employment Statistics' statistical release (P0277.1) will replace the current Survey of Employment and Earnings' statistical release (P0275).
<fn>GOV-ZA.22jun20061En.2012-02-10.en.txt</fn>
Statistics can be collected through the application of different instruments. Questionnaires can be filled in by respondents, or information can be obtained from administrative records such as a population register, birth certificates, death notification forms or records of people leaving and entering a country.
These instruments are used to obtain information about a particular population: this could involve people (for example, medical doctors practising in a particular province); or businesses active in a particular economic sector (those involved in retail trade, or road transport, for example); or institutions (municipalities or hospitals).
When the agency gathering statistics covers the total population, this is known as a census; when only a part of the population is covered, this is a sample survey. Depending on the sample size, the methodology employed and the efficiency of information collection, sample surveys can provide highly reliable data. However, a full census (the enumeration of a total population) will invariably offer results of better quality than a sample survey.
Over the past decade, Statistics SA's household-based surveys, such as the general household survey and the labour force survey, have generally been based on a sample size of 30 000 households. This has been sufficient to provide information at a provincial level. The sample size of the economic surveys, on the other hand, varies greatly, depending on the number of business units operating in a given economic sector.
A household survey based on a far larger sample is being planned. The community survey, which goes to field in February 2007, is Stats SA's second-largest undertaking after the population census.
Under apartheid, racially defined population censuses were undertaken in 1951, 1960, 1970, 1980, 1985 and 1991, while inclusive national censuses were undertaken in 1996 and 2001. Only the last two were able to provide reliable data at a municipal level.
In March 2004, following advice from the Statistics Council, the cabinet resolved that the sort of population and housing censuses conducted in 1996 and 2001 would be carried out in a 10-year cycle and scheduled the next census for 2011. However, to ensure regular updates on major trends in social data, reported on at appropriate geographical levels (including municipalities), the cabinet also proposed the introduction of an extended annual household survey. This is what is now known as the community survey.
Stats SA undertook extensive consultation to determine the information stakeholders expected as an outcome of the community survey. Ten stakeholder workshops were held across the country during August and September 2004. About 367 stakeholders, predominantly from national, provincial and local government departments, as well as from research and educational institutions, attended.
The survey will record key demographic information; details of disability, fertility and mortality; migration; education; involvement in public works programmes; economic activity, including employment and unemployment; and access to housing and services such as sanitation, water, energy and refuse removal.
The community survey is the largest sample survey undertaken by Stats SA. It will be based on a sample of 280 000 households, compared with the 30 000 sampled in previous household surveys.
The community survey is a massive undertaking. The logistics and planning required are considerable. However, the expected outcome - key social data for the country as a whole, provinces and municipalities - is essential to monitor and measure changes to and developments in South Africa's social structure.
<fn>GOV-ZA.22march20071En.2012-02-10.en.txt</fn>
In the first three months of the year, Statistics SA injected a range of critical statistical reports and series into the public and policy domain.
Data from these have fed into the policy space marked by the January cabinet lekgotla, President Thabo Mbeki's state of the nation address at the opening of parliament, finance minister Trevor Manuel's budget speech and the Reserve Bank's monetary policy committee meeting.
During this period, Stats SA also successfully launched and concluded field operations for the community survey, which reached out to 284 000 households, while continuing with its regular releases of key economic, fiscal, social, demographic and vital statistics.
National policy debates are enriched by information so released. But Stats SA's focus spreads beyond our borders and international engagement remains a key priority in building a national and international system of statistics.
At the end of last year, Stats SA, the government of Angola, the Southern African Development Community (SADC), the Economic Commission for Africa, the UN Statistics Division and the Paris21 consortium hosted a working session that led to the signing of the Luanda Declaration, in which countries committed to using evidence as the basis for policy making.
Angola committed itself to conducting a population census as part of Africa's round of 2010 censuses - this after four decades without a census in that country.
It is an important development for SADC. Inadequate or absent data from countries such as Angola and the Democratic Republic of Congo (DRC) have hurt the regional development agenda.
At the start of the year, the government of Rwanda and Stats SA as the chair of the African Symposium for Statistical Development (ASSD) hosted ASSD 2 in Kigali, Rwanda.
This followed on ASSD 1, hosted in Cape Town last year.
The resolutions of ASSD 2 will be tabled for consideration at the 40th Conference of Ministers of Finance to be held in Addis Ababa at the beginning of next month.
These include a proposal for training of leaders of statistics agencies, a report on the International Comparisons Programme Africa, the use and archiving of census data, and assessment of progress since the 39th session of the ministers of finance, which was held in Ouagadougou in April last year.
Last month the UN Statistics Commission hosted its 60th commission and celebrated this by inviting papers that reflected on the sixty years of statistics practice.
As South Africa's statistician-general, I was one of the five invited speakers and presented two papers giving an assessment of the past sixty years of statistical practice and exploring what the future in systems of statistics might be.
Meanwhile, the Sudanese government of national unity plans to have a census in November. Stats SA participated in the third meeting of the monitoring and observation committee for the census, which was held at the beginning of this week and from which I have just returned.
The second day of this committee meeting was dedicated to presenting the South African experience in census taking, and monitoring and evaluation of censuses in particular.
For Sudan and the US, conducting of population censuses is a constitutional imperative, and in Sudan a credible census is an important ingredient structuring the power sharing underlying the peace agreement. Sudan's monitoring committee includes members of the upper house of parliament, labour unions and academics, and is chaired by an MP.
It is a humbling experience to witness countries such as Angola, the DRC and Sudan emerging out of decades of conflict as they commit themselves to inclusive population censuses as part of Africa 2010 round of census taking.
Countries such as Angola, the DRC and Sudan are committed to conducting a census of the population in this round of censuses.
It is a privilege for South Africa to participate in helping these countries develop their systems of national statistics, which are essential to the maintenance of peace, economic and social development, and monitoring and measuring progress.
<fn>GOV-ZA.22ndconfeceandannualeralmeetingoftheafricanassociationofzoosandaquariapazaabEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.22september20051En.2012-02-10.en.txt</fn>
Nearly 25 000 South African households are participating in Statistics SA's household income and expenditure survey (HIES).
This survey collects information on sources of income received by households and details of how they spend this income. The main use of the survey is to update the basket of goods and services for the consumer price index (CPI), which is the main economic indicator of inflation.
Until 2000, when the last HIES went to field, the survey was conducted every five years. This was based on the assumption that consumption patterns would remain largely constant over a five-year period.
However, the rate of technological change and the introduction of new goods and services have increased so rapidly that this assumption can no longer be justified.
In line with international practice, Stats SA is therefore introducing a three-year cycle for the updating of the CPI basket, and this necessitates conducting a new HIES every three years. The current HIES will be followed by a second round in 2008.
Studies of income and expenditure are invaluable in evaluating changes in household consumption patterns, levels of income and income distribution.
The primary objective is to provide appropriate and statistically reliable information on households' income and expenditure patterns from all types of settlements, which will be used to update the CPI basket. The CPI update will indicate which products to price for direct price collections from retail outlets.
The survey's secondary objective is to provide an independent source of information to estimate and improve figures on private consumption for estimation of the national accounts.
It is not just the frequency of the survey that is changing. Previous income and expenditure surveys conducted by Stats SA were based on a recall method. The HIES 2005/06 uses a different methodology based on a combination of respondent recall and the diary method.
Households forming part of the sample will record acquisitions in a diary. Internationally, the diary method is viewed as more reliable than exclusive use of recall. Agencies such as Statistics Sweden, the Australian Bureau of Statistics and the Botswana Statistical Agency have found that this method provides more accurate information.
Stats SA's master sample, based on the 2001 population census enumeration areas, has provided the sampling frame for this survey.
A total of 24 000 dwelling units, drawn from all nine provinces, will be visited. In each dwelling unit, a questionnaire will be administered and a diary kept. The enumerator will complete the summary questionnaire based on information from diaries received weekly.
particulars of income.
Participation in studies recording details of income and expenditure will require some effort and time. However, this will be invaluable in establishing changes in household consumption patterns, which, in turn, is essential for accurate measuring and monitoring of the CPI.
<fn>GOV-ZA.22september20081En.2012-02-10.en.txt</fn>
The data and metadata for the General Household Survey (GHS) 2007 are now available on CD.
The data and metadata is also available on StatsOnline. Click "Interactive data" and then "Explore micro data".
<fn>GOV-ZA.22transEn.2012-02-10.en.txt</fn>
The Department of Transport's vision is one of a transport system that builds a better life for all. Its mission is to promote affordable transport access and mobility that is safe, reliable and internationally competitive.
The Department's main objective is to formulate, co-ordinate, implement and monitor transport strategies and policies in general, and to enhance safety, improve public transport and develop transport infrastructure.
facilitating access and affordability of public transport to the commuting public planning, developing and maintaining transport infrastructure to improve mobility and quality of life and contribute to economic development promoting sector and enterprise reforms to create a reliable, safe and competitive transport system.
In 2003, South African Airways won the following awards: Best African Airline, Best Domestic Airline, Best International Airline flying to South Afric (ASATA Diners Club), Best Airline in Africa, Best Cabin Crew in Africa (Skytrax), Best Airline based in Africa (the Official Airline Guide) and Top Airline in Africa (the British weekly magazine, Travel Bulletin).
ment, with people, particularly the poor, often having to travel long distances.
This reduces the economic efficiency of the transport system and has a high social cost because transport consumes a relatively large proportion of the disposable income of the poor.
Coupled with this is the high rate of transport accidents, on both roads and rail. Overcoming these problems is the central challenge facing the Department of Transport. The Department is working to improve and expand infrastructure, and through subsidies, reduce the costs of public transport.
Transport policy is built on the framework set out by the Moving South Africa project, which began in 1997, and the National Land Transport Transition Act, 2000 (Act 22 of 2000).
These set out a vision of an efficient public transport system with the use of targeted subsidies, and the provision of a high-quality, comprehensive infrastructure.
The Department is continuously reviewing, developing, monitoring and evaluating its policies and strategies.
Transport subsidies are a potentially important tool for improving efficiency, access and equity. In the past they have been targeted loosely and implemented selectively, but the Department is trying to target subsidies at those with the greatest need - vulnerable groups such as learners, people with disabilities, the aged, the unemployed and the employed poor - to maximise economic and social gains.
The strategy also seeks to integrate transport that is accessible to people with disabilities, and to promote the provision of accessible transport across all modes of public transport.
to help to deliver more effective and efficient public transport.
The Department is continuing to improve the efficiency of bus subsidies. It has already converted 30% of bus-subsidy contracts to more efficient, competitive tenders, and the remaining 70% were expected to be converted during 2003/04. It is also reforming contract provisions to ensure greater value for money for the Department. The passenger rail network also receives significant amounts of money.
By June 2003, the curriculum for traffic-officer training was being revised to extend it from six months to one year.
The proposed change is expected to take place in 2004. The revised course will meet the South African Qualifications Authority's registration requirements.
The course content will be modernised and more subjects that are relevant to the operational responsibilities of traffic officers, such as first aid and trauma-management skills, will be introduced.
The revised basic course will further close the gap between metro and traffic courses as it will have the same legal content as the South African Police Service course. All 10 traffic training colleges have been evaluated for the first time in six years.
Certain metropolitan police departments have replaced traditional traffic departments. In such cases, traffic policing duties and functions have also been taken over.
and modes of transport used by the majority of citizens, to help government to intervene properly in the allocation of subsidy and transport spending.
By July 2003, the Department was conducting a strategic review of public-transport policy and strategy, including the development of a policy on the targeting of public-transport subsidies for bus and commuter rail. The Department allocates R4 billion per annum to public-transport subsidies for bus and commuter-rail transportation.
Subsidised bus services currently operate in 36 local authorities in the country. Most subsidies are funded from the Department of Transport's budget, while provincial budgets provide for additional subsidies in certain areas.
During the 2001/02 financial year, almost 380 million subsidised passenger trips were recorded, while subsidised buses covered approximately 362 million kilometres (km). On average, each subsidised bus passenger received approximately R198 in subsidies per month, constituting some 6,7% of the average household income.
By June 2003, the Department of Transport was engaged in a process of developing a BEE Strategy for the transport sector.
The objective of the process is to identify the challenges, set targets, and develop a monitoring and evaluation framework for the implementation of the Strategy.
The process includes stakeholders from all the key subsectors, such as maritime, aviation, rail, road construction, minibus-taxis, buses and road freight.
The proposed BEE targets will require provinces to set aside a minimum of 30% of services to be contracted to companies with at least 50,1% previously disadvantaged individuals (PDIs). Of the remaining 70% of services, a minimum of 35% PDI equity ownership will be required, together with 10% subcontracting of services to small, medium and micro enterprises (SMMEs)/PDIs.
The process of developing a Maritime Transport BEE Strategy has been under way since the end of May 2003.
A steering committee was nominated, with the objective of overseeing the formulation of the Draft Maritime Transport BEE Strategy.
By September 2003, the Draft Strategy was available for comment from industry.
Greater emphasis will be placed on the promotion of non-motorised transport, primarily with a view to increasing transport mobility and accessibility, mainly in rural areas.
By June 2003, a total of 16 pedestrian roadshows were held, aimed at promoting pedestrian road safety through the use of music artists and role models and the distribution of retro-reflective material such as sashes and bandanas.
Between April 2002 and June 2003, the Western Cape built two pedestrian bridges - one on the N2 and the other on the R300. Other pedestrian bridges were constructed in Hammanskraal and Witbank in Gauteng.
By June 2003, there were 2 826 scholar patrols, with 162 in the Eastern Cape, 65 in the Northern Cape, 185 in Mpumalanga, 48 in the North West, 109 in KwaZulu-Natal, 1 467 in Gauteng, 96 in Limpopo, 285 in the Free State and some 200 in the Western Cape. The Department of Transport has centralised the administration and control of all scholar patrols including equipment and uniforms. Some 20 000 scholar patrol bibs have been distributed in all nine provinces.
Of the envisaged 26 Junior Traffic Training Centres, 20 had been completed and six were under construction by June 2003.
The Centres are aimed at educating children through simulating the real road environment. In the most rural areas, trailers, which will act as Centres, will be distributed to the different provinces.
Presidential rural nodes.
The promotion of ownership and usage of various rural transport operations (e.g. human/animal-drawn carts) in low-income rural areas and at local project level.
The creation and/or improvement of appropriate, safe on- and off-the-road ruraltransport infrastructure (on-the-road includes access roads, low-level access bridges, etc. and off-the-road includes footpaths, side-tracks, as well as various safety gadgets).
Alleviating rural poverty by promoting the economic as well as strong industrial dimension of NMT project operations and infrastructure (e.g. SMMEs). This will be achieved by exploiting to the maximum local expertise in the running and sustaining of the Programme.
Impact assessment and programme evaluation. The main objective of this component is to provide meaningful contributions to the rural transport strategy.
Increased emphasis will be placed on safety issues in all transport modes. The Road to Safety Strategy, transportation of dangerous goods by road, the establishment of a Maritime Rescue Centre, the setting-up of the Railway Safety Regulator and the Road-Traffic Management Corporation (RTMC) are examples of this. The RTMC Bill, which improves the structure and systems of the Board, was approved for submission to Parliament in December 2002.
Each province had to identify 10 hazardous locations and prioritise three for improvement. Work is under way to improve safety in those locations.
From a transport point of view, key issues in creating an effectively co-ordinated African response to global market challenges are market access, mobility, and systems integration. These are the factors that, in the overall environment of increasingly effective governance, make sustained economic and social development possible.
efficient and effective maritime transport services rail-systems integration road-systems development and infrastructure maintenance.
The Department of Transport has established four bodies to move certain elements of government's operational activities to commercial agencies. They are the South African National Roads Agency Ltd (SANRAL), the South African Maritime Safety Authority (SAMSA), the Cross-Border Road Transport Agency (CBRTA), and the Civil Aviation Authority (CAA).
The agencies perform functions and services previously provided by the national Department of Transport, in a fully commercial environment. They have been assigned clearly defined responsibilities and functions, and each agency has entered into a formal performance agreement and Memorandum of Understanding (MoU) with the Government as shareholder.
The SANRAL was created out of the need for the national Department of Transport to separate its roles as policy-maker and operator. The SANRAL, a commercially driven company with the Minister of Transport as its single shareholder, manages and operates the national road network on behalf of government.
The SANRAL was established in April 1998 as an independent, statutory company. It is responsible for the design, construction, management and maintenance of South Africa's national road network, both toll and non-toll. It is also charged with raising the finances required to develop and manage the road network, an asset worth an estimated R40 billion.
strategically plan, design, construct, operate, rehabilitate and maintain South Africa's national roads deliver and maintain a world-class primaryroad network generate revenue from the development and management of its assets undertake research and development to enhance the quality of the country's roads upon request of the Minister and in agreement with a foreign country, provide, operate and maintain roads in that country.
The Authority is a statutory body that reports to the Minister of Transport. Its responsibilities include the promotion of safety of life and property at sea, the prevention of sea pollution by pollutants emanating from ships, and the co-ordination of overall technical operations. It also develops policy on legal issues, foreign relations, marine pollution and certain specific safety matters.
provide shipping competence and pollution services in a regional context manage marine incidents, casualties and wrecks, and participate in search-andrescue missions control standby tugs and pollution stores maintain seafarers according to standards of training and staffing criteria provide a shipping-administration support service manage the registration of ships manage a coastal patrol service manage vessel traffic, including navigation aids provide lighthouse services.
Funding comes from, among others, levies on ships calling at South African ports, direct user charges, and government service fees.
The Agency regulates and controls access to the cross-border road-transport market by the road-transport industry. It also aims to facilitate the establishment of co-operative and consultative relationships and structures between public and private-sector institutions, with an interest in cross-border transport.
The CBRTA is furthermore involved in the collection, processing and dissemination of relevant information; the provision of training and capacity-building; and the promotion of entrepreneurship, with the focus on SMMEs with an interest in cross-border road transport.
advising the Minister of Transport on crossborder transport matters and assisting in the process of negotiating and renegotiating cross-border road-transport agreements on request regulating the road-transport industry's access to the cross-border road-transport market facilitating ongoing co-operative and consultative relationships and structures between the public and private sectors in support of cross-border road-transport operations undertaking road-transport law enforce ment. The main source of income for the CBRTA is fees charged for cross-border permits.
The CAA was established on 1 October 1998 following the enactment of the CAA Act, 1998 (Act 40 of 1998). The Act provides for the establishment of a stand-alone authority charged with promoting, regulating and enforcing civil aviation safety and security.
The primary purpose of the CAA is to promote, regulate and support high levels of safety throughout the civil aviation industry. Its core activities relate to overseeing aviation safety for operations, aircraft, personnel, airports and airspace. The CAA receives transfers as subsidies and user charges for Ministerial directives on aircraft-accident investigations. These declined from R10 million in 2000/01 to R5,4 million in 2002/03. In the medium term, they are projected to grow to R6,4 million by 2005/06.
The CAA receives most of its revenue from industry-user fees and levies.
Transnet Limited was established on 1 April 1990. It is a public company, of which the South African Government is the sole shareholder. The company is recognised as a dominant player in the southern African transport infrastructure. Its activities are not restricted to southern Africa but extend beyond its borders into Africa and the rest of the world.
It handles 176 million tons (Mt) of rail freight per year, 2,8 Mt road freight and 194 Mt of freight through the harbours, while 13,8 million litres (ML) are pumped through its petrol pipelines annually.
The company through South African Airways (SAA) flies 6,1 million domestic, regional and international passengers per year. In total, Transnet is worth R72 billion in fixed assets and has a workforce of some 80 000 employees.
Transwerk is involved in engineering activities and is one of South Africa's leading manufacturers and refurbishers of railway rolling stock.
In terms of the National Roads Act, 1998 (Act 7 of 1998), government is responsible for overall policy, while road-building and maintenance is the responsibility of SANRAL.
In October 2003, Johannesburg International Airport (JIA), Africa's biggest and busiest airport, was named the Best Airport in Africa for the second consecutive year by the Skytrax survey.
The Skytrax survey is one of the largest airport surveys of airline passengers, and is commissioned and undertaken by Skytrax of London.
Travellers from 80 countries submitted more than 1,6 million eligible nominations.
The Airports Company South Africa recorded a strong result in the survey, with Cape Town International Airport claiming second position and Durban International fifth.
About 12 million people pass through the JIA in a year.
Air-traffic movements increased by 175 509 (16%) from 1992 to 2002, and the number of passengers had increased by 103% to more than 12 million by 2002.
The Department continues to work on improving the road network, ensuring that it is well-maintained and safe. A new National Roads Plan is being developed, indicating the importance of roads to the economy.
The South African road network comprises some 534 076 km of roads and streets.
Responsibility for the network is carried by the Department with SANRAL, the nine provinces, and local authorities.
The national road system links all the major centres in the country to one another as well as to neighbouring countries. There is a national road network of 9 400 km, with plans to extend this to 20 000 km of primary roads. Toll roads, which are serviced by 31 mainline toll plazas, cover about 2 200 km. The network includes 1 437 km of dual-carriage freeway, 440 km of single-carriage freeway, and 56 967 km of single-carriage main road with unlimited access. South Africa has the longest road network of any country in Africa.
The Cabinet approved a five-year road infrastructure strategy to prevent the further deterioration of the country's road network.
The SANRAL is very involved in improving the country's primary road network. Although the issue of tolling is very contentious, the existing concession roads are combined with a private-sector investment value of R5,2 billion, of which R1,37 billion is in the form of foreign direct investment. Approximately 1 350 km of national roads are being upgraded and maintained without making any demands on tax-based revenue.
The Department is developing the Road-Infrastructure Strategic Framework that will give effect to the national vision of road transport in South Africa, taking into consideration the socio-economic environment, national imperatives, policy goals, institutional arrangements, funding mechanisms, current realities and future scenarios, as well as the needs and perceptions of the road user. The outcome will be a review of the principal issues facing the development of road infrastructure and a sustainable strategy for the future.
In line with the resolution of the Growth and Development Summit held in June 2003, the Department has embarked on a new initiative to integrate labour-intensive road-construction programmes. This initiative aims to mobilise the road subsector to maximise the amount of jobs that can be created through labourintensive construction methods.
This is expected to ensure that the road subsector contributes meaningfully to the Expanded Public Works Programme, which is a key vehicle for creating jobs for unemployed people who cannot get access to the formal economy.
The Minister of Finance, Mr Trevor Manuel, announced at the tabling of the Medium Term Budget Policy Statement, in November 2003, that R20 million would be allocated to the Department of Transport for urgent road repair at a number of border posts.
The planning, construction and maintenance of roads and bridges, other than those falling under the SANRAL or local governments, is the responsibility of provincial governments. The national Department of Transport is always ready to assist provincial and local governments to improve and develop the state of their roads.
It is estimated that the funding required to address the backlog for rural roads is R56 billion for all provincial roads and R8 billion for roads under the National Roads Agency.
Provincial budgets for infrastructure and road development increased by 7,5% from R4,7 billion in 2002/03 to R5,1 billion in 2003/04.
The SDI programme uses public resources - particularly project planning, scoping and logistical co-ordination skills - to leverage private-sector involvement. SDIs are recognised as an effective means of stimulating economic growth by exploiting the existing economic potential within an area. The Department's involvement in this project is focused on infrastructure provision, BEE, skills transfer and the creation of sustainable jobs.
The SDIs are Lubombo, West Coast, Fish River, Maputo Development Corridor, Wild Coast, Platinum, Phalaborwa and Richards Bay.
The construction and maintenance of most roads and streets within the municipal boundaries of cities and towns is the responsibility of the municipality concerned.
Toll roads cover some 2 200 km and are serviced by 31 toll plazas, including concessioned roads.
The viability of every toll road is determined over a 30-year period to assess the privatesector funding which can be sustained and served. The performance of all toll roads is within the forecast, and in many cases roads perform better than forecast. It is envisaged that all new major toll-road projects will be financed through the Build, Operate and Transfer principle. This allows greater privatesector involvement in the financing, building, operation and maintenance of toll projects. When the concession period expires, the facility is transferred back to the State at no cost.
Construction of the N4 Maputo Corridor Toll Road has been completed and includes 70 km of new road, 112 km of rehabilitation, and 240 km of road-widening. The new Road is one of the few privately financed crossborder toll roads in the world. Ownership of the N4 Maputo Corridor Toll Road, for which Trans African Concessions is the concessionaire for 30 years, will revert to the South African and Mozambican Governments after the concession agreement expires. It is the first international toll road in Africa.
The Bakwena Platinum Highway near Rustenburg, which closes the link between the Maputo Harbour in Mozambique and Walvis Bay in Namibia, is the first high-quality transcontinental route in sub-Saharan Africa.
The road reduces export and shipping times by as much as 10 shipping days, while the distance by road between Johannesburg and Windhoek is shortened by some 500 km. Other benefits of the Highway include injecting R3 billion into the economy, creating 3 000 direct jobs during the construction period, and opening doors for foreign direct investment.
An analysis of the project also revealed that the project would contribute at least R2,2 billion per annum to the Gross Domestic Product. Of this amount, at least 61% (R1,35 billion) will manifest in the region itself.
The project was also named 'Deal of the Year' by adjudicators under the auspices of Project Finance International.
Construction on the N3 toll road commenced in 1999, on the 418-km road from Heidelberg in Gauteng to Cedara in KwaZulu-Natal. The Harrismith section of the road has been open to the public since April 2001, while the Heidelberg-Villiers section opened in December 2001.
This project injected R3,5 billion into the economy, of which a payment of R1,38 billion allowed government to excise its debt obligation.
South Africa hosted the Paris-based Independent Association of Road Congresses' (PIARC) 22nd World Road Congress in Durban from 19 to 25 October 2003.
The aim of the Congress was to promote international co-operation and technology transfer among members of PIARC, which include 100 countries - two-thirds of which are from developing countries - and 2 000 individual members.
2010, depending on the traffic volumes at that time.
Toll roads funded by the SANRAL include the N1-South extension in the Free State between Kroonstad, Welkom and Bloemfontein, at an investment value of about R180 million. Future projects in this category include an N17-East toll road in Gauteng and Mpumalanga; N4 East toll road below the Hans Strijdom offramp, outside Pretoria and the Gauteng-Mpumalanga border; and an N1 North extension in Limpopo. The roads' total investment value is estimated at R863 million. A new toll road was expected to be erected between Empangeni and Richards Bay in KwaZulu-Natal in 2003. The R1,2-billion project includes the design, construction, financing, operation and maintenance of a 19,2-km stretch of the John Ross toll highway.
A revised road-traffic-sign system, which closely conforms to international standards, has been phased in since November 1993.
The revised system involves changes to the colours of some of the regulatory and all of the warning signs, changes in design parameters, the modernisation of text and symbols, and the addition of new signs, signals and markings. Many of the new signs make use of symbols rather than text to eliminate language problems and reduce observation time.
South Africa prepared a road-signs manual for the SADC in terms of the 1998 Protocol on Transport, Communications and Meteorology. South Africa has since started phasing in new SADC-aligned signs on its roads and other cross-border roads. The previous system was concurrently legal with the new system until 31 December 2000, by which date all the old signs had to be phased out and replaced with new signs.
To simplify the navigation task for tourists, foreigners and drivers in unfamiliar areas, as well as to promote global uniformity, it was agreed that drivers should make use of route maps (readable in any language) and route numbers to guide them towards their destinations (all major routes and main streets in urban areas are numbered and displayed on readily available maps).
The CCF driving licence was introduced on 1 March 1998. A period of five years was determined by Notice in the Government Gazette, for each motorist, based on their birth month, to apply for the conversion before 31 August 2002.
The Department of Transport extended the deadline for the conversion of the old bookstyle driving licence to the CCF to 28 February 2003.
However, due to an unprecedented number of outstanding applications, the final deadline was extended to 30 April 2003.
The CCF driving-licence is valid for five years. Motorists who failed to convert could either be fined or have their current driving licences nullified.
By April 2003, a total of 7 025 million CCF driving licences had been produced. All driving-licence records are centralised into the database of the online National Traffic Information System.
The introduction of modern technology to limit human intervention in driving-licence testing is in line with the strategy to fight fraud and corruption.
By September 2003, the Department was working on a computerised learner's-licence testing procedure which involves the use of an audio-visual, user-friendly computerised system to compile test questions and the marking of thereof.
The system was expected to be introduced at 330 learner driving-license testing centres in all 11 official languages. Other technology in the pipeline will limit human intervention in the process of eye-testing and the capturing of fingerprint information on the CCF.
In terms of the Constitution of South Africa, 1996 (Act 108 of 1996), legislative and executive powers in respect of public transport are a provincial competency. National government, however, is responsible for policy formulation, monitoring and strategic implementation. The national Department of Transport continues to administer subsidies for buses and other subsidised forms of public transport.
The establishment of the National Transport Register is a requirement of the National Land Transport Transition Act, 2000 (Act 22 of 2000).
The purpose of the Register is to integrate the land-transport systems, i.e. the Subsidy-Management System (SUMS), the Land-Transport Permit System (LTPS) and the Registration Administration System (RAS). The primary goal of the LTPS is to facilitate the issue of public road-carrier permits, to regulate entry into the road-carrier markets.
The objective is to facilitate the processing of permit applications and enable the Local Road Transportation Boards (Provincial Permit Boards) to provide an efficient service to the industry.
registering applications generating and verifying advertisements capturing objections and appeals generating agendas verifying vehicle information generating permits and permit transfers. The primary goal of the RAS is to facilitate the registration of minibus-taxi associations with the Provincial Registrar to formalise the industry.
registering members and associations registering vehicle particulars of members registering corridor particulars of associations management reporting.
The primary goal of the SUMS is to manage claims received from provincial departments for bus contracts, and to manage payment.
Metropolitan Transport Advisory Boards govern urban areas which have been declared metropolitan transport areas. Both short-and long-term programmes for adequate transportation development are drawn up by the core city of each area and are revised and adjusted annually.
Nine such core areas exist, namely Johannesburg, Cape Town, Pretoria, Durban, Pietermaritzburg, Port Elizabeth, the East Rand, Bloemfontein and East London.
The planning of transport for metropolitan and major urban areas must be done in accordance with a growth-management plan, and travel modes should not compete with each other. In urban areas, passenger roadtransport services are provided by local governments, private bus companies which operate scheduled bus services between peripheral areas and city centres, and minibus-taxis.
The Department will support provincial Departments of Transport and Public Works in the construction of intermodal facilities and in their efforts to achieve integration between bus and taxi operations.
The minibus-taxi industry has shown phenomenal growth during the last few years, leading to a decrease in the market share of the bus and train as modes of transport.
On 31 December 2001, there were some 6,9 million registered vehicles in South Africa, more than 3,98 million of which were motor vehicles. The number of private motor vehicles continues to grow at a rate of 1,7% per annum.
There are close to 127 000 minibus-taxis in South Africa, which provide 65% of the 2,5 billion annual passenger trips in urban areas, and a high percentage of rural and intercity transport.
The South African National Taxi Council (SANTACO) is the umbrella body for all provincial taxi organisations and strives to regulate, formalise and stabilise the industry. The Council acts as a mediator in disputes between taxi organisations and plays a role in eliminating the causes of taxi violence.
In May 1999, the Government signed an MoU with SANTACO, paving the way for the replacement of the industry's ageing fleet and its absorption into South Africa's formal economy.
The Memorandum commits SANTACO to act against violent elements in the industry, participate in the regulation of the industry by ensuring its members have legal operations, and implement a programme of acceptable labour practices. Government, in turn, is bound by the Memorandum to find an acceptable solution to the industry's recapitalisation crisis, legalise illegal operations within agreed parameters, and provide taxi operators with extensive training.
The aim of the Taxi Recapitalisation Programme is to replace the current ageing taxi fleet with new, safer and purpose-built 18- and 35-seater vehicles.
In terms of Section 31 of the National Land Transport Transition Act, 2000, the Minister of Transport can determine a date from which existing minibus-taxis will not be used as public transport vehicles.
Key to the Programme will be a strong empowerment element involving the establishment of taxi co-operatives to liaise with financiers, distribute the new vehicles, and provide the facilities for a compulsory maintenance programme. The co-operatives will be established after extensive consultation with local taxi organisations.
The aim is to ensure that the new vehicles are manufactured locally, and to tap into South Africa's highly diversified componentsmanufacturing sector.
On 8 October 2003, the Pretoria High Court granted the KwaZulu-Natal Taxi Council (KWANATACO) an interdict to prevent SANTACO from signing the Memorandum of Agreement (MoA) with government.
KWANATACO contended that it was not properly consulted by SANTACO and therefore wanted to be part of the decision-making process.
The MoA deals with frameworks and guidelines on the implementation of the Programme, and the relationship between government and SANTACO in the implementation process. Government is expected to start roll-out of the vehicles by mid-2004, with an average delivery of approximately 25 000 vehicles per year over the next four years.
On 8 October 2003, government confirmed that the Taxi Recapitalisation Programme would proceed as planned. The interdict brought against SANTACO will not affect the Taxi Recapitalisation Programme being finalised by government.
Subsequent to the court's interdict, negotiations between government, SANTACO and the industry have continued, resulting in collective endorsement of the Programme.
A network of public and privately owned passenger bus services links the major centres of South Africa and also serves commuters in the deep rural areas. The Cabinet has approved measures intended to improve public-transport safety. These include the intensification of law enforcement, lowering the maximum speed limit for buses and minibus-taxis to 100 km/h, and a fitnesstesting programme for buses.
An informal consultation process is under way with freight and public transport employers' associations and trade unions. This will be followed by formal negotiations to build consensus around self-regulatory measures and legislative or regulatory changes deemed necessary for tighter fleet-safety management.
International models being explored emphasise the need for a formal safety fitness-rating methodology. A vehicle operator will receive a safety rating when an accredited or authorised safety specialist conducts an on-site review of the operator's compliance with applicable safety and hazardous material regulations. In terms of the formal compliance review, the operator will then be awarded one of three ratings: satisfactory, conditional or unsatisfactory.
Professional Driver's Permit standard violations the use of unqualified and fatigued drivers improper use of motor vehicles unsafe vehicles operating on highways failure to maintain collision registers and copies of collision reports motor-vehicle crashes driving and parking violations violation of hazardous materials regulations. The operator of a vehicle that has received an unsatisfactory safety rating will have a specified period of time from the effective date of rating notice to improve the safety rating to 'conditional' or 'satisfactory'.
If these improvements do not occur, the carrier will be prohibited from operating commercial motor vehicles or transporting passengers for reward.
The Department of Transport has been working closely with the South African Bureau of Standards (SABS) to ensure that the emergency exits of buses and taxis meet required standards and allow passengers to escape without difficulty in emergencies.
The Department has requested the SABS to pay specific attention to the relevant safety standards, adequacy and competence in and out of water, day and night.
This includes the ability of young children and the aged to break through emergency windows.
The SABS has also been requested to look at the locations of all emergency exits and the education of passengers on how to use them.
The Department has intensified its education campaign on how to use emergency exits and is engaging manufacturers in ensuring that more visible and reflective material are used to identify emergency exits.
Realising that the majority of small bus operators do not have formalised structures which government could consult with on issues that affect the bus industry, a process to facilitate the formalisation of the industry was started in 2003.
The SADC Protocol on Transport, Communications and Meteorology provides a comprehensive framework for regional integration across the entire spectrum of the transport, communications and meteorology sectors. The general objective is to promote the provision of efficient, cost-effective and fully integrated infrastructure and operations in these fields.
The Protocol also specifically addresses road transport, and aims to facilitate the unimpeded flow of goods and passengers between and across the territories of SADC member states. It wants to promote the adoption of a harmonised policy, which lays down general operational conditions for carriers.
Cross-border transport within the Southern African Customs Union (SACU) is undertaken in terms of the SACU MoU. The Memorandum facilitates transport between member countries through, among others, the use of the single-permit system.
The MoU provides the framework for cooperation between the signatory countries, which has resulted in the establishment of technical working groups for, among others, traffic standards, road-user charges and passenger transport.
The activities of the passenger-transport working group led to the establishment of Joint Route Management Committees (JRMCs) for certain cross-border passenger routes within the SACU. The JRMCs comprise representatives from the public and private sectors of the countries concerned, and are aimed at jointly managing the routes in consultation with all stakeholders.
The main thrust of bilateral agreements is to facilitate and encourage cross-border road transport in support of regional trade.
This is promoted through the entrenchment of the principle of extra-territorial jurisdiction, the entrenchment of a strategic public-private sector relationship, and the establishment of consultative mechanisms that are sufficiently flexible to promote the joint management of implementation.
The Maputo Development Corridor between South Africa and Mozambique is a good example.
The two Governments also signed agreements dealing with road freight and passenger transport between the two countries, which will facilitate the movement of goods and people by road and eliminate bureaucratic proceedings at border posts.
The project also includes the upgrading and modernisation of the railway line between the two countries and of Maputo Harbour, at a cost of about R150 million.
During a bilateral meeting with the South African Minister of Transport, on 24 October 2003, the United Kingdom's Minister of Transport, Mr David Jamieson, accepted South Africa's request for assistance on road-traffic management expertise to address the carnage on South Africa's roads.
Both Ministers agreed that there was a need for the two countries to work together in exploring the latest methods and technical skills in an effort to decrease the country's high road-fatality rate.
On 29 September 2003, the Minister of Transport and his Namibian and Botswana counterparts signed an MoU on the development and management of the Trans-Kalahari Corridor (TKC).
The TKC was formally established in 1998 following the completion of the Trans-Kgalagadi Highway in Botswana. The TKC links the three southern African countries by road.
One of the benefits of the TKC is that it links the hinterlands of Botswana, Namibia and South Africa (especially Gauteng) with the Port of Walvis Bay. This Port is the western seabord port in southern Africa and closest to shipping routes to and from markets in the Americas and Europe.
The development of the TKC has the potential of significantly reducing transaction costs for SADC exporters and importers. This is expected to enable economic operators to become increasingly internationally competitive by enhancing their ability to exploit the benefits of preferential trade agreements with the United States of America (USA) and European Union.
The CBRTA fosters investment in the crossborder road-transport industry and provides high-quality cross-border freight and passenger road transport services at reasonable prices. The Agency works on a cost-recovery basis and any profits from cross-border permit fees are ploughed back into the system through a price reduction on permits in the following financial year. It also encourages small-business development in the industry.
Since the mid-1980s, the southern African road transport industry has grown considerably.
Approximately 80% of all freight carried in South Africa is conveyed by road, while nearly 7% of the Gross National Product is spent on freight transport.
About 69% of road-freight tonnage is carried by firms or operators transporting freight in the course of their business, and 29% by firms transporting goods for reward.
The Department is working with provincial counterparts and major stakeholders on the Overload-Control Infrastructure Programme which deals with reckless overloading. The Programme is based on the construction of a strategic network of traffic-control centres and fixed weigh stations on major roads, supported by mobile weigh stations on alternative roads in the main freight corridors. As part of the Department's freight-transport strategic intervention of promoting a modal shift from road to rail, joint-venture projects with the Eastern Cape and KwaZulu-Natal Departments of Transport have been embarked upon to revive rail lines that have been classified as low and light-density lines.
South Africa's road-vehicle collision and fatality rates compare poorly with those of most other countries. Every year, about 10 000 people are killed and 150 000 injured in approximately 500 000 accidents. The cost of road-traffic accidents is estimated at more than R13 billion a year.
Greater road-safety awareness has been generated through the activities of the Arrive Alive Campaign, which is part of the Road to Safety Strategy (2001 - 2005).
The Strategy involves the creation of the RTMC that will be responsible for vehicle registration, traffic information systems, public communication and traffic law enforcement.
The RTMC Act, 1999 (Act 20 of 1999), provided for the establishment of the RTMC.
enhance the overall quality of road-traffic management and service provision strengthen co-operation and co-ordination between the national, provincial and local spheres of government in the management of road traffic maximise the effectiveness of provincial and local government efforts, particularly in road-traffic law enforcement create business opportunities, particularly for the previously disadvantaged sectors, to supplement public-sector capacity guide and sustain the expansion of privatesector investment in road-traffic management.
The process for adjudicating road-traffic offences has been reformed and is now administrative, rather than judicial. The Road Traffic Infringement Agency will serve as the collection agency for outstanding traffic fines and adjudicate contested traffic offences. This is supposed to be a more efficient and effective system for administering traffic offences.
The Constitution authorises provinces to exercise legislative and executive powers pertaining to road-traffic safety, while the promotion thereof is primarily the responsibility of the Department of Transport.
The eighth International Symposium on Heavy-Vehicle Weights and Dimensions will be held in South Africa from 14 to 18 March 2004.
The theme of the Symposium, an intercontinental forum for researchers, policy-makers and industry leaders in the field of freight transportation by road, is Loads, Roads and the Information Highway.
The issues expected to be discussed are safety, maintenance, efficiency, vehicle configuration and components, economic and operational issues, standards and regulations, emissions, fuels, life cycle and recycling as well as the effect of heavy vehicles on pavements.
Strategy (RTMS); assists in the identification, formulation and prioritisation of projects; monitors progress; and gives direction in the implementation of the RTMS. The RTSB is made up of members of all three spheres of government as well as traffic stakeholders in the private sector. The Ministers of Education, of Health, of Justice and Constitutional Development, of Provincial and Local Government, of Safety and Security and of Transport serve on the Board.
Three Acts provide for the national coordination of regulation and law enforcement, the registration and licensing of motor vehicles, and the training and appointment of traffic officers. These are the RTMC Act, 1999 (Act 20 of 1999), the National Road-Traffic Amendment Act, 1999 (Act 21 of 1999), and the Administrative Adjudication of Road-Traffic Offences Amendment Act, 1999 (Act 22 of 1999).
The Administrative Adjudication of Road-Traffic Offences Amendment Act, 1999 provides for a more efficient system of collecting traffic fines and for the introduction of a points demerit system, linked to the CCF driver's licence. In terms of the Act, a motorist's driver's licence will be suspended when he or she has 12 penalty points against his or her name. For every point over and above 12, the motorist's licence will be suspended for three months. Points can easily be accumulated, for example, four points each for exceeding the speed limit by 50%, driving an unregistered vehicle, refusing to undergo a blood or breathalyser test, or driving a vehicle without registration plates. The use of handheld cellphones in vehicles is not allowed and non-compliance could cost a motorist two points.
When a licence is suspended for a third time, it will be cancelled and the motorist will again have to undergo a driver's test. In more serious cases, a court may forbid a motorist to drive on a public road ever again. However, the system in no way detracts from the accused's constitutional right to a fair trial. The points demerit system is to be implemented in phases.
reduce the number of road-traffic accidents in general, and fatalities in particular, by 5%, compared with the same period the previous year improve road-user compliance with traffic laws forge an improved working relationship between traffic authorities in the various spheres of government.
On 13 October 2003, the Minister of Transport, Mr Dullah Omar, launched a pilot project of the National Public Traffic Call Centre in Limpopo.
The Public Traffic Call Centre aims to give easy access to all public road-transport passengers on buses and minibus-taxis to report unsafe vehicles and reckless and negligent driver behaviour, as well as fraud and corruption.
The Call Centre will also provide the public road-user with the opportunity to report blatant moving violations, such as ignoring red traffic lights and illegal and unsafe overtaking and overloading, as well as fraud and corruption at vehicle-testing stations and driving-licence testing centres.
Incidents and accidents can also be reported to the Centre, which will also be a source of limited road-traffic information, such as road and traffic conditions. Reports on courteous, good and helpful driver-behaviour can also be submitted.
The information collected by the Centre will be utilised for advising the registered owner of the vehicle, by letter, of the nature and location of the alleged offence.
The Centre will prepare and distribute reports to the South African Police Service and relevant traffic authorities on the routes and/or locations where stolen vehicles and vehicles with false registration plates were observed, where regular traffic offences occur, and where cases of fraud and corruption were observed.
roads are pedestrians. Pedestrian road-safety messages are being featured on billboards and a contract was negotiated with the Premier Soccer League to advertise roadsafety messages on screens in big soccer stadiums.
The remedial engineering projects are supported by appropriate education efforts aimed at adults and children, and by public awareness and enforcement campaigns to ensure compliance with the new or changed facilities. The Council for Scientific and Industrial Research is responsible for the evaluation of these 90 projects and for preparing a report on the effectiveness of the Campaign.
South Africa's rate of pedestrian fatalities is unacceptably high. Factors that have exaggerated the problem in South Africa include lack of infrastructure such as adequate pavements or road-crossing facilities, lack of education in road usage, a traffic mix with vehicles and pedestrians sharing the road, poor town and transport planning of facilities such as schools and community halls, and an absence of law enforcement.
Important strides have been made in integrating road-safety awareness education into the mainstream school curriculum, as a set of basic life skills that can be continuously expanded and deepened over time.
The implementation of road-safety education has been planned and prepared in detail by task teams from the Departments of Transport and of Education.
Pupils at pre-school level through to 9 are being exposed to systematic, practical roadsafety education within the framework of the 'life-skills' component of their curriculum.
During April 2003, the Cabinet approved a number of priority projects to deal with the scourge of road accidents in the country.
These included Integrated Law Enforcement, the establishment of a Central Accident Bureau, and Visibility and Community-Based Co-ordinating Structures.
The Department of Transport is responsible for co-ordinating and harmonising traffic control (law enforcement) in South Africa. This is done in conjunction with the provinces, which have legislative and executive powers in this regard. The aim is to enhance traffic quality, promote voluntary compliance of road users with rules and regulations, reduce the incidence of traffic offences, prevent accidents, ensure effective adjudication, and implement improved management.
An important facet of the Department's work is the development of a standardised management system for traffic control at micro level, to assist traffic authorities in managing their internal and external environments optimally, and to achieve the highest levels of traffic quality, subject to the limited availability of resources.
The traffic-management model has been implemented by approximately 100 provincial and local traffic authorities.
Road-traffic law enforcement is the responsibility of the respective local and provincial traffic authorities as well as metro police services in metropolitan areas. Vehicles are allocated to shifts and specifically designated tasks, e.g. road patrols. In some provinces, two officers are allocated to a vehicle, while in other provinces, one officer may be allocated to a vehicle. The time of day also plays a role, e.g. night operations require at least two officers per vehicle for security reasons.
Roadblocks are held on a continuous basis by provincial and local traffic authorities. Roadblocks take many forms, from formal joint roadblocks with the South African Police Service (SAPS), the South African National Defence Force (SANDF) and other role-players, to standard driver and vehicle roadside checks, run by traffic officers to check on driving licences, alcohol usage by drivers, vehicle licences, tyres, lights, brakes, outstanding fines, etc.
No reservist traffic officers or volunteers have been appointed to date, due to constraints in terms of their powers, duties and responsibilities with regard to the Criminal Procedure Act, 1997 (Act 51 of 1997). However, the matter is being investigated.
Generally, traffic wardens fulfil their duties within local and municipal traffic authorities. Provincial authorities are expected to appoint more full-time traffic officers to fulfil all the tasks required of a traffic law-enforcement officer.
The RAF compensates victims of motorvehicle accidents under the terms and conditions provided for in the relevant legislation. The Fund receives a dedicated RAF levy, which is imposed on petrol and diesel.
The Fund is in regular contact with the National Treasury and Department of Transport on proposed increases dependent upon the number of claims received, as recent trends have seen a mismatch between the Fund's revenue from the levy and the amount required to settle all the claims lodged. The Fund has proposed a quarterly review of the levy to keep pace with the cost of claims received.
The RAF Commission, appointed by government to recommend improvements to the accident-compensation system, has proposed the introduction of a no-fault system under a completely new body.
The RAF has proposed a more evolutionary approach starting with legislative amendments to stabilise the current system, while a no-fault system is being considered for the long term.
This is informed by the fact that a no-fault system would require billions of Rand more than the current system and lengthy preparatory work before it can be implemented.
instalments rather than lump-sum payments in some categories of compensation caps on non-residents' claims introduction of medical tariffs and provision of managed healthcare. Steps not requiring legislative amendments to improve the cash flow of the RAF include investment in road safety - principally through Arrive Alive - to limit the high number of accidents in the country.
Since 2001, the RAF has been vigorously fighting fraud and corruption bedevilling the system. A new claims-management system has been introduced to detect fraud, and forensic-investigation partnerships with the SAPS and the Scorpions have resulted in the arrest of hundreds of people.
All RAF staff undergo security clearances before appointment, and staff involved in fraud and corruption are dealt with severely.
In 2003, the RAF introduced a project called Tip-Offs Anonymous, which allows members of the public to report fraudulent behaviour and service-providers who approach them and try to convince them to defraud the RAF.
The Gautrain Rapid Rail Link project aims to alleviate the severe traffic congestion in the Johannesburg-Tshwane corridor - a corridor in which the traffic volume is growing at 7% per year. It is forecasted that the initial demand for the Gautrain service will be 104 000 passengertrips per day.
The key objectives of the Gautrain Project include economic growth, development and job creation, alleviation of traffic congestion, promotion of business tourism, and the improvement of city sustainability.
A feasibility study showed that 57 000 jobs would be created during construction, 2 200 jobs would be created as part of the operation and maintenance of the system, and 39 500 would further be created as part of the urban change. It also indicated a projected R6-billion increase in business sales, which would contribute to an increase of between 0,7% and 1% in the Gauteng Gross Geographic Product.
The preferred bidder was expected to be announced in January 2004.
claim directly without using attorneys as intermediaries.
In 2002, at least five million information sheets in all the official languages were distributed countrywide. By the end of 2003, at least 12 new information offices were expected to be opened nationally, to educate the public about the Fund, assist claimants to lodge claims on their own without using attorneys, and update claimants on the status of their claims.
The Department has embarked on a comprehensive recapitalisation programme to improve rail safety and revive rail transport as a viable public-transport alternative.
Two contracts were entered into with the industry to refurbish 236 coaches at a cost of R615 million over two years, with final delivery expected at the end of 2003.
The South African Rail Commuter Corporation (SARCC) ensured, through its Tender Policy and Procedures, that the allocation of the refurbishment coaches to suppliers significantly contributed to BEE, while maintaining acceptable standards of safety and comfort.
A total of R884 million has been invested in the upgrading, remodelling and refurbishment of rail commuter stations countrywide over the past few years.
A further R1,6 billion of private-sector investments, covering more than 120 developments, has also been allocated for upgrading land and properties surrounding rail commuter stations.
The cumulative total economic impact of job creation and economic activity through the Station Investment Programme exceeded R3,7 billion. The SARCC, in consultation with representatives of communities and the informal traders sector, has commenced a programme to turn the stations into major community and economic hubs contributing to the economic development of South Africa.
In 2002, the Department of Transport, the SARCC and Metrorail developed a new twopronged Safety and Security Strategy for the rail commuter system.
The Strategy has been implemented, as a pilot project, in the entire Western Cape Metropolitan rail network since October 2002 with very positive results.
On the technical and institutional side, the system involves alarms, and helicopter surveillance capability for the co-ordination of safety and security actions. Improved co-ordination between rail security efforts and SAPS interventions is a priority and forms an integral part of the total Strategy.
Based on the assessment of the pilot project, the Strategy is expected to be rolled out to other metropolitan rail commuter networks across the country.
The second element of the Strategy is that of engaging communities along the rail corridors to protect rail assets, by promoting the concept of 'community ownership'. The system draws the community to assist rail security personnel and the SAPS in proactively identifying and neutralising criminal elements.
The National Railway Safety Regulator Act, 2002 (Act 16 of 2002), is the enabling legislation for the setting up of an independent Railway Safety Regulator, reporting and accountable to the Minister of Transport.
The Regulator will oversee safety by means of conducting audits and inspections; undertaking occurrence investigations; analysing occurrence statistics, operator safety plans and accident reports; and issuing notices to operators to cease an activity or to improve an unsafe activity. Failure to respond to a notice could result in the operator, including the top management and even the board, being prosecuted.
The Board of the Railway Safety Regulator was inaugurated in the second half of 2003.
The implementation of the National Land Transport Transition Act, 2000 resulted in a focus by newly elected metropolitan or unicity authorities on their obligations and rights relative to commuter rail. Most of the bigger cities have already started processes to ensure the establishment of appropriate structures, such as metropolitan transport authorities to control commuter-rail concessions within their sphere of authority.
Spoornet is the largest division of Transnet, a commercialised business with the State as shareholder. Spoornet's core business lies in Freight Logistics Solutions (FLS) designed for customers in numerous industry-based business segments, mining, and heavy and light manufacturing sectors.
Spoornet is the largest railroad and heavy haulier in southern Africa, with an annual turnover of R9 billion generated by the transportation of 180 Mt of freight. The company has a 60% market share of the 170 billion Mt km cargo available in South Africa. To serve these markets, it utilises some 30 600 km of track, 3 253 locomotives and 114 433 wagons, and 2 102 passenger coaches.
Spoornet maintains an extensive rail network across South Africa and connects with rail networks in the sub-Saharan region. Its infrastructure represents 80% of Africa's rail infrastructure.
Spoornet's future investment in infrastructure will be focused on renewal and where appropriate, capacity expansion. Significant parts of infrastructure, namely signalling and electrification infrastructure, are reaching the end of their design lifespans. Renewal is expected to concentrate on the application of new, cheaper and more effective technologies.
Planned investment expenditure for the next 15 years is about R1 billion per annum to address the estimated backlog of R15 billion.
In line with current market demands, Spoornet's vision is to be the leader in FLS. To achieve this vision, the company has devolved from its rail competencies to warehousing, transport (including long haul, trans-shipment and feeder services), inventory management, freight forwarding, clearing and other logistical services. Logistics incorporates all the freight transportation modes such as road, rail, airfreight, ocean and barge. It includes warehousing, inventory management, fleet operations, freight forwarding and customs-brokerage services. The software and information technology used to support the flow of goods to market is also part of the logistics mix.
Spoornet consists of five business units, each with its own core business focus.
GFB is the largest Spoornet business unit in terms of revenue, customer accounts and the number of people employed. It handles in excess of 52% of Spoornet's freight tonnage per annum.
GFB conveys about 96 Mt of commodity freight a year, serving customers in specialised diverse industrial commodity markets, namely mining, and light and heavy manufacturing. Structures provide for a sales force dedicated to customers in specific business sectors under a relationship/one-on-one philosophy.
COALlink focuses on the provision of worldclass transportation for South Africa's export coal, from the Mpumalanga coalfields to the Richards Bay Coal Terminal at the Port of Richards Bay.
Coal exports constitute an integral part of the South African export industry. South Africa is second only to Australia in terms of tons of coal exported. South Africa is the world leader in terms of steam-coal exports. COALlink was formed in 1997 through the ring-fencing of the rail operation over the coal-export line, and augmenting the structure with a business component and other support functions. This initiative ensured that South Africa remains at the forefront of the world steam-coal export market. Mercer Management Consultants benchmarked the coal-line operation in 1994 against similar operations worldwide. The study rated the bulk export logistics supply chain as 8% more efficient than global best practice.
A major milestone in the history of the coalexport industry in South Africa was reached in December 2000 when the billionth ton of coal was transported over the coal line and exported through the Richards Bay Coal Terminal. The coal line celebrated 25 years of existence in April 2001.
Orex, a specialist business unit of Spoornet, deals in the haulage of iron ore over the 861-km track from Sishen to Saldanha Bay. The line is dedicated to the movement of iron ore from the mines in the far Northern Cape to the steel industries in the Western Cape, and for the export of the ore through the Port of Saldanha Bay. The success of this bulk logistics operation depends on close co-operation with the Port and its facilities.
The average tonnage of iron ore transported per year increased from 17,5 Mt for the period 1990/92 to 1994/95, to 21,6 Mt for 1999/00. A benchmark study rated this seamless operation as 38% more efficient than global best practice.
Orex not only transports iron ore, but has also become an international player in providing a diverse range of heavy-haul logistics solutions for growing local and international markets. The line celebrated its 25th anniversary in May 2001.
Shosholoza Meyl provides an affordable intercity passenger service between major destinations in South and southern Africa. Approximately four million passengers utilise this service per year.
It operates daily long-distance passenger services between Johannesburg, Durban, East London, Port Elizabeth, Bloemfontein, Kimberley and Cape Town. Services also connect main centres in South Africa with destinations in southern Africa, namely Bulawayo in Zimbabwe, Maputo in Mozambique, and Mbabane, Swaziland.
Shosholoza Meyl ensures access for any person or enterprise that wishes to charter a train. Significant time and effort are spent on the design of the train service to fit each client's needs and requirements. The type of coaches that can be hired varies from traditional sleeper coaches to lounge cars, dining cars, and open-plan coaches that can be used for parties or lecture rooms. For the more selective traveller, Shosholoza Meyl offers a new class of travel called Premier Classe. It consists of two sleeping coaches and one dining/lounge car for the exclusive use of these guests. The sleeping coaches and airconditioned lounge/dining car can accommodate up to 20 people.
In April 2003, Shosholoza Meyl's facilities at Johannesburg's Park Station were relaunched, after being upgraded at a cost of R50 million. The upgrading of the Station and the Pretoria and Durban platforms focused on improving passenger flow, baggage handling, communication, a passenger-information system and access control from waiting areas to the platforms and trains.
Shosholoza Meyl requires an additional R450 million to refurbish coaches that are on average 25 years old. It receives an annual R175-million subsidy from Spoornet.
LuxRail's primary focus is on the prestigious operation of the Blue Train and caters for a growing international tourist market. For over half a century, South Africa's Blue Train has enjoyed an international reputation as one of the world's paramount travelling experiences. It was voted the world's leading luxury train by some 250 000 travel agents in 181 countries at the 2001 World Travel Awards. The Blue Train wine list has, for the past few years, consistently received the Annual Diners Club Award of Approval.
A lounge car at the rear of the Train complements the Blue Train experience, by allowing guests to use it as an observation car. The observation car is designed to be converted from a lounge into a 22-seater conference facility with computer, overhead projection, video and slide facilities.
The Blue Train travels from Pretoria to Cape Town, the Victoria Falls and Hoedspruit, and on the famous Garden Route between Port Elizabeth and Cape Town.
LuxRail also manages contracts with other luxury-train operators utilising Spoornet's infrastructure, such as Rovos Rail and Spier on the wine route in the Western Cape.
Spoornet contributes to the social fabric of South Africans. Notable social-investment activities include the following: AIDS awareness, Mr ChooChoo Safety Education Campaign, the Spoornet Rugby Excellence Programme, and Saturday schools for Spoornet employees' children, which improve their performance in mathematics and science, and offer supplementary courses such as study skills, career guidance and computer literacy. These classes are designed to support the national school curriculum.
Metrorail, a division of Transnet, is tasked with the operation of the SARCC's assets to provide an efficient commuter service. Metrorail ser-vices urban areas only. It operates in the Witwatersrand area, Pretoria, the Western Cape, Durban, Port Elizabeth and East London.
Metrorail operations have made steady progress in implementing far-reaching efficiency-improvement projects. This has enabled Metrorail to save the fiscus about 70% of the projected savings of R108 million. At the same time, it has produced healthy returns to its shareholder.
Together with the SARCC, major safety projects have been identified, and significant portions of the R355-million capital fund will be spent on refurbishing or renewing safety-critical signalling installations. The investment in the refurbishment of rolling stock is continuing, and the increased infrastructural investment, as announced by the Ministers of Finance and Transport, should also see improvements in other parts of the railway infrastructure.
The Department has developed a strategic framework for the concessioning of rail services - the current Metrorail service contract is already based on concessioning principles.
The Minister of Transport announced that concessioning would not occur during 2003 as originally planned. This is to give the country an opportunity to review the principles around concessioning, and develop a programme to address the challenges around infrastructureinvestment in the railway industry. It also has implications for the pilot concessioning project that was due to start in 2002. In the meantime, Metrorail and the SARCC continue to conduct their relationship in terms of a business agreement that is firmly based on worldwide concessioning principles.
Metrorail is responsible for some 17% of all public transport in South Africa, which amounts to transporting approximately two million people to and from work daily. It serves 473 stations with 2 400 train services. Operating assets to the value of R69 million are managed on behalf of the State.
These include mobile ticket-selling points, customer-care programmes for all frontline staff, station upgrades, and a zone-fare structure.
The SARCC is a State corporation, established in 1990 to provide commuter rail services for the people of South Africa. It falls directly under the Department of Transport but has its own autonomous board of control. It owns all the commuter rail infrastructure and its rolling stock is valued at R70 billion. Its main sources of revenue are subsidies to cover operational losses and capital expenditure.
The Corporation received a R366-million operational subsidy and R490,2-million capital subsidy in 2001/02. The SARCC operates two major businesses - Rail Commuter Services and Property Management. Rail Commuter Services is operated as a social responsibility programme requiring considerable government subsidisation. The assets that were transferred to the SARCC included property with a net potential of R2 000 million in the main metropolitan areas.
The Corporation's role as concessionaire is to establish and monitor service standards, safety and security levels, and operating efficiencies. More than two million people use the commuter rail service daily.
The SARCC has 478 commuter train stations in Johannesburg, Pretoria, Durban and Cape Town.
The White Paper on National Transport Policy will lead to far-reaching changes in the way commuter rail services are structured in future. According to the White Paper, public and private operators will in future be able to bid competitively for the right to operate a rail line, service or network concession.
This has meant a change in the mission of the SARCC to one that ensures the 'provision of effective, efficient and sustainable rail commuter services under concessioning agreements'.
Faced with managing a property portfolio of more than 478 stations worth some R2,6 billion, the SARCC formed a propertymanagement company in 1992, called Intersite Property Management Services, to perform this task on its behalf. Intersite aims to develop railway stations into transport nodes that link taxi, bus and rail services in an integrated public-transport system.
Since 1990, Intersite has completed 61 station upgrades at a cost of R414 million. Nine were completed in the Western Cape at a cost of R75 million, 10 in the Eastern Cape at R9 million, eight in KwaZulu-Natal at R60 million, seven in northern Gauteng at R40 million, and 27 in southern Gauteng at R230 million.
Several intermodal transport facilities were also completed.
The objectives of interchange developments are to create an intermodal road/rail/ bus/taxi transport environment for the commuting public, to enhance commuter rail stations and precincts, and to support government initiatives to integrate all modes of transport.
Money earned from the commercial aspects of Intersite's developments is ploughed back to reduce the subsidy provided by government.
The Cabinet approved the Green Paper on National Policy on Airports and Airspace Management in February 1998. The document lays down principles for the development of airports, calls for the sustainability of public-owned airports to be assessed and for action to be taken where necessary. The Green Paper establishes criteria, ranging from economic activity to the implementation of air-traffic control that should be used to determine which airports could be named as possible international airports.
International airports are those airports where the necessary facilities and services exist to accommodate international flights. The current international airports are: Johannesburg, Cape Town, Durban, Bloemfontein, Port Elizabeth, Pilanesberg, Lanseria, Gateway (Polokwane), Kruger Mpumalanga and Upington.
The Kruger Mpumalanga International Airport, near Nelspruit, is the most recent addition, having been officially opened in October 2002. The Airport is run by the international power and automation group ABB. In April 2003, the Cabinet approved the status of the Kruger Mpumalanga Airport as an international airport. The Airport was opened in October 2002 and is expected to receive international flights from Europe, the USA and the East. It assumed the international status of the smaller Nelspruit Airport, which was downgraded to national status.
The Airports Company of South Africa (ACSA), which was officially established on 23 July 1993, owns and operates South Africa's nine principal airports, including the three major international airports in Johannesburg, Cape Town and Durban.
ACSA also operates the Pilanesberg International Airport in the North West on a concession basis. Before the formation of ACSA, airports countrywide were owned and operated by the State.
In April 1998, Aeroporti di Roma (ADR), an Italian airport-management firm, won a competitive bid to become ACSA's strategic equity partner, and paid R819 million for 20% of the company's shares.
ACSA's flagship development, the new R750-million domestic terminal at Johannesburg International Airport (JIA), was opened for operations in March 2003.
This is the largest terminal in Africa and will increase the Airport's total capacity to more than 18 million passengers annually. JIA is ACSA's success story and accounts for over half of the throughput of all ACSA airports. It has overtaken Cairo in terms of passenger traffic. Passenger traffic has climbed steadily over the past couple of years, with the figures now averaging 12 million passengers a year.
The Airport's greatest success lies in its commercial transformation. The dramatic R210-million duty-free retail mall contributed largely to JIA increasing its net operating income by more than 120%, fuelled by growth in non-aeronautical revenues over three times greater than aeronautical revenues.
Cape Town International Airport now boasts a world-class international terminal with capacity for up to five million passengers a year.
ACSA has committed R1 billion to the upgrading and development of Cape Town International Airport, including extensions to existing terminal buildings, the construction of parkades, two new satellite terminals, and an expanded runway system.
Cape Town International's new R120-million international departures terminal, officially opened in February 2003, boasts a total area of 21 000 m2 - of which 2 360 m2 is retail space, accommodating 13 shops. The new terminal is capable of accommodating up to 1 300 passengers in peak hours, or a million passengers a year, which is three times the capacity of the previous departures terminal.
The terminal building at Durban International Airport has been upgraded with the reconfiguration of the international and domestic terminal into an arrivals and departures terminal. Parking facilities have also been revamped and upgraded.
In April 2002, Cabinet decided that the Durban International Airport will relocate to La Mercy, about 50 km outside Durban.
Construction of the new Airport, to be known as the King Shaka International Airport, is set to begin in early 2004.
The new Airport forms part of the planned R2,2-billion Dube Trade Port at La Mercy. The project incorporates an Industrial Development Zone (IDZ), a cyberport and a multimodal transport node.
About R100 billion was budgeted for capital expenditure in the Medium Term Expenditure Framework. The amount included R55 billion for infrastructure projects.
A national Ministerial committee, which includes the Ministers of Trade and Industry, of Finance, of Transport and of Public Enterprises, has been established to drive implementation and guide the detailed business plan and financial structuring of the project.
By 2007, ACSA is expected to have spent R185 million on infrastructural developments at the seven smaller airports. Port Elizabeth, the largest and busiest of the seven, will receive the bulk of the capital expenditure amounting to R88 million for, among other things, a new instrument landing system (ILS), terminal upgrade, and equipment upgrade and replacement. The terminal upgrade was expected to be completed in April 2004.
The ACSA will spend about R14 million on Bloemfontein Airport for terminal revamp, upgrade of fire-fighting equipment, as well as runway rehabilitation, while the East London Airport will receive R23 million for a new ILS and fire-fighting equipment.
Kimberley and George Airports will each receive R6 million for terminal refurbishment, replacement and upgrade of equipment, and R17 million for terminal upgrade, an ILS, and equipment replacement.
Given its strong although seasonal freight traffic, about R14 million has been budgeted for cargo-apron extension, fire fighting and general equipment replacement, while R21 million has been set aside for strengthening of the runway, terminal extension and equipment improvement at Pilanesberg International Airport.
The Air-Traffic Navigation Service (ATNS) is responsible for the efficient running of South Africa's air-traffic control systems and the maintenance of navigation equipment, which includes the deployment of air-traffic controllers and aviation technical staff.
A joint operations centre at the JIA is the nerve centre of all airport communications and operations.
From here, all activities related to maintenance and building management are coordinated. The centre serves as a control office, crisis control centre for emergencies, and information technology centre.
The ATNS will increase the number of airtraffic controllers at the airport by 30% over the next 13 months.
Twenty scheduled domestic airlines are currently licensed to provide air services within South Africa. These airlines provide internal flights, which link up to the internal and international networks of South African Airways (SAA), British Airways (BA)/Comair, Interair, SA Express and SA Airlink.
SAA, BA/Comair, SA Express, SA Airlink and Interair operate scheduled air services within South Africa and the Indian Ocean islands. In addition to serving Africa, SAA operates services to Europe, Latin America and the Far East.
Scheduled international air services are also provided by Air Afrique, Air Austral, Air Botswana, Air France, Air Gabon, Air Madagascar, Air Malawi, Air Mauritius, Air Namibia, Air Portugal, Air Seychelles, Air Tanzania, Air Zimbabwe, Airlink Swaziland, Alliance Express, BA, Cameroon Airlines, Delta Airlines, El Al, Egyptair, Emirates, Ethiopian Airlines, Ghana Airways, Iberia, KLM, Kenya Airways, LAM, LTU, Lufthansa, MK Airlines, Malaysia Airlines, Martinair Holland, North-West Airlines, Olympic Airways, Quantas, Royal Air Maroc, Saudi Arabian Airlines, Singapore Airlines, Swissair, Taag, Thai International, Turkish Airlines, Uganda Airlines, United Airlines, Varig, Virgin Atlantic, Yemenia, Zambian Air Services and Zambian Skyways.
South Africa complies with the International Civil Aviation Organisation's (ICAO) recommended practices on aviation security. South Africa serves on the council of the ICAO.
Aviation safety in South Africa was audited by the ICAO at the Minister's request. The ICAO's recommendations are currently being implemented. South Africa is also participating in the development and establishment of an Upper Airspace Control Centre for the SADC. This initiative proposes that a single centre hosted by a SADC state will provide air-navigation services to all aircraft flying above 24 500 feet.
The ATNS is working on upgrading ageing radar display and processing systems at the JIA. The upgrade will expand control centres countrywide and incorporate 'automatic sequencing' of traffic into Johannesburg and Cape Town. This will ensure separation and a consistent flow of arrivals, which in turn will enhance efficiency and reduce costs for airlines. The total cost of the project, which is due for completion in 2004, is R228 million.
By early June 2003, SAA, SA Airlink and British Airways/Comair all operated the airborne collision-avoidance systems and were fully compliant with all requirements. Other South African registered airlines were taking steps to be compliant by the implementation date of 30 June 2003.
Emphasis is being placed on improved international access to and from South Africa by air, the expansion of the bilateral airservices framework, the implementation of the Yamoussoukro Declaration, effective monitoring of airline activities, and the efficient licensing and regulation of domestic and international air services.
safer skies: this involves ensuring that adequate safety and upper-air spacecontrol regimes are in place across the continent, supported by efficient air-traffic and navigational services and systematic human resource development programmes efficient and effective aviation networks: this involves regulating as necessary to make air transport more affordable, creating regional hubs and air-carrier alliances, and supporting one another to establish a high-quality African airports network.
Commercial ports play a crucial role in South Africa's transport, logistics and socio-economic development. Approximately 98% of South Africa's exports are conveyed by sea.
On 16 September 2003, the Minister of Transport tabled the NPA Bill in the National Assembly.
provide for the establishment of the NPA to own, manage, and control ports on behalf of the State provide for the transfer of ports, land and other rights and obligations from Transnet to the Authority provide for the establishment of the Ports Regulator ensure equity in the access of ports facilities in a non-discriminating manner authorise the NPA to enter into various forms of contracts, including concessions provide for the licensing of port services and facilities authorise the charging of fees amend other laws that have a bearing on the activities of the ports. The Bill has its origin in the White Paper on National Commercial Ports Policy, adopted by the Cabinet in March 2002.
The aim of the White Paper is to ensure affordable, internationally competitive, efficient and safe port services, based on the application of commercial rules in a transparent and competitive environment and applied consistently across the transport system.
The White Paper proposes that, in order to ensure that South African ports continue to contribute to international competitiveness, the separation of the port authority and port operations components will provide impetus to ongoing efforts to upgrade facilities and equipment.
By far the largest, best-equipped and most efficient network of ports on the African continent, South Africa's seven commercial ports have a significant role to play. They are not only conduits for the imports and exports of South Africa and neighbouring countries, but also serve as hubs for traffic emanating from and destined for the east and west African coasts. The NPA, a division of Transnet Limited, is the largest port authority in greater southern Africa, controlling seven of the 16 biggest ports in this region, namely Richards Bay, Durban, East London, Port Elizabeth, Mossel Bay, Cape Town and Saldanha.
The NPA was born out of the restructuring of Portnet, the port-management division of Transnet. The NPA's responsibility has been broadly defined as attending to the maintenance and development of port infrastructure.
The restructuring of Portnet into the NPA and SAPO came about after government's realisation of the benefits of public and private partnerships. While government plans to retain ownership of the country's port infrastructure, it is envisaged that individual terminals will ultimately be leased or concessioned to private operators.
A R4,3-billion investment has been set aside for use by the NPA in addressing infrastructural backlog, its primary responsibilities being landlord and maritime services.
Landlord services focus on the needs of cargo owners and terminal operators - from project conception, to terminal design, assessment of environmental factors and the concluding stages whereby a lease is signed with the terminal operator through which the cargo will pass.
Maritime services include the improvement of efficiency in shipping services, the dredging of navigational waterways, and ensuring a safe shipping environment by means of vesseltracing services, pilotage and lighthouse services.
pilotage, tug and berthing services bulkhandling installations to handle dry and liquid bulk, complemented by storage facilities container-handling facilities multipurpose terminals for the handling of breakbulk and containers access to rail and road links ship-repair facilities feeder services.
Lighthouse services operate 45 lighthouses along the South African coastline.
The NPA has vessel-traffic systems in all ports, which ensure improved safety of navigation within the port and port limits, and enhance the service provided to the port user.
Marine services operate 24 large tugs, eight work boats, four pilot boats and 14 launches in the seven commercial ports of South Africa. Twenty-four-hour services are provided in the Ports of Durban and Richards Bay.
The Port of Richards Bay, although a young port by international standards, and initially built for bulk exports, has rapidly developed and diversified into other cargo-handling forms. The Port is presently South Africa's leading port in terms of dry bulk volumes, and is capable of handling a diverse group of commodities from steel to forest products.
With increased traffic to and from the Far East and Australia, an upgrade was essential. More than R500 million was allocated to reduce vessel turnaround time, improve quality control, upgrade terminal-handling equipment, and increase storage capacity. The Port handles in excess of 80 Mt per year, representing 55% of South Africa's seaborne cargo trade.
It also offers easy access to South Africa's national and rail network with substantial growth capacity in the rail network link.
For industrial investors, there is an abundance of prime industrial land, both immediately adjacent to the Port and further inland. The Port hosts five cargo-handling terminals, of which three are privately operated and two are operated by SAPO. The privately operated terminals are the Richards Bay Coal Terminal; Island View Storage, which handles bulk liquids and liquefied gases; and Fedmis, which exports phosphoric acid.
The Port of Durban is a full-service general cargo and container port. It is the busiest port in southern Africa and is also the most conveniently situated port for the industrialised Durban/Pinetown and Gauteng areas and overborder traffic.
As South Africa's premier cargo and container port, the Port of Durban handles over 55 Mt of cargo per year. Durban has abundant shipping opportunities, both in terms of frequency and destinations served.
It is especially effective as a hub port for cargo to and from the Far East, Europe and the Americas, serving South Africa as well as west and east African countries. The Port is the premier port for a wide range of commodities, including coal, mineral ores, granite, chemicals, petrochemicals, steel, forest products, citrus products, sugar and grain.
The Port handles more than 1,2 million containers per annum, with an increase of 6% to 7% each year.
On 31 July 2003, the Durban Container Terminal (DCT) handled 2 555 container vehicles through its gates - the highest number handled in a 24-hour period in the history of the DCT.
The Port of East London is situated at the mouth of the Buffalo River on the east coast of South Africa, and is the only commercial river port on the South African coastline.
With a well-developed infrastructure, the Port has become one of the major motor vehicle export and import terminals in South Africa.
The Port of Port Elizabeth, with its proximity to heavily industrialised and intensively farmed areas, has facilities for the handling of all commodities - bulk, general and container cargo.
Being at the centre of the country's motorvehicle-manufacturing industry, the Port imports large volumes of containerised components and raw material for this industry. The bulk of exports comprises agricultural products. Apart from agricultural produce, manganese ore, motor-vehicle-industry-related products and steel are exported.
The Port of Mossel Bay, primarily serving the fishing and oil industries, also offers limited commercial cargo activity.
This Port is the only South African port that operates two offshore mooring points within port limits. Both mooring points are utilised for the transport of refined petroleum products.
The NPA is building the modern deepwater port while the Coega Development Corporation is developing the entire land-side infrastructure for the IDZ.
The area is already well-serviced by existing transport networks and a skilled labour force.
The Port of Cape Town is a full-service general-cargo port. It is renowned for its deciduous fruit and frozen-products exports. The fishing industry based at the Port of Cape Town is of major proportion.
The Port of Cape Town is strategically positioned and ideally situated to serve as a hub for cargoes between Europe, the Americas, Africa, Asia and Oceania. The Port provides a complex network of services to its clients and a favourable environment for all stakeholders, so as to maximise the benefit to the local and national economy.
Integrated intermodal cargo systems, ship repair, bunkering facilities and the reefer trade are all examples of these services.
Saldanha Port is a deep-water port and is the largest natural port in southern Africa.
The Port of East London's car terminal, which opened in 2000, reported a 29% increase in vehicle imports and exports moving through it in 2002. It moves 44 000 vehicles a year and this number was expected to rise to 55 000 units in 2003/04.
Port is unique in that it has a purpose-built railroad serving a bulk-handling facility, which is connected to a dedicated jetty for the shipment of iron ore.
Saldanha also serves as a major crude-oil importation and transhipment port.
About R600 million is being spent on upgrading and expanding Saldanha Bay's steel and iron ore handling facilities. This includes acquiring new equipment and increasing workspace efficiency. A number of projects have been initiated to help address environmental and ecoresponsibility issues.
Petronet owns, maintains and operates a network of 3 000 km of high-pressure petroleum and gas pipelines. During 2001/02, Petronet transported 13,8 billion litres of fuel from coastal and inland refineries to the main business centres in Gauteng and surrounding areas, and some 334 million m3 of gas from Secunda to KwaZulu-Natal. Petronet's customers are the major oil companies in South Africa.
South Africa's maritime administration and legislation is the responsibility of the Department of Transport, and is controlled on its behalf by SAMSA in terms of the SAMSA Act, 1998 (Act 5 of 1998).
The broad aim of SAMSA is to maintain the safety of life and property at sea within South Africa's area of maritime jurisdiction and to ensure the prevention of sea pollution by oil and other substances emanating from ships.
The Department of Environmental Affairs and Tourism is responsible for the combating of pollution, and has specific means at its disposal, such as the Kuswag coast watch vessels, with which to perform this function.
ship construction maritime training and training curricula watch-keeping certification of seafarers manning and operation of local and foreign ships maritime search-and-rescue marine communication and radio navigation aids pollution prevention. SAMSA has an operations unit, a policy unit and a corporate support division to handle all financial, human resource and information technology issues.
Other functions include the registration of ships, the establishment of a coastal patrol service, and the management of marine casualties and wrecks.
SAMSA is steadily improving its capacity to monitor safety standards on foreign vessels. Over the past year, 700 ships calling at South Africa's seven major ports were inspected. Vessels not in compliance with international safety standards were detained until the deficiencies were corrected.
The South African Marine Corporation (Safmarine), Unicorn Lines and Griffin Shipping are South Africa's predominant shipping lines. Their fleets of container, oil tanker, general cargo and bulk cargo vessels operate not only between South African ports, but also as cross-traders to other parts of the world.
On 9 September 2003, President Thabo Mbeki officially opened the South African Maritime Training Academy (SAMTRA) at Simonstown in the Western Cape.
SAMTRA is expected to provide advanced training to the broader maritime sector, including the merchant navy, harbour-craft operations, the fishing industry and the South African Navy.
The South African Merchant Navy Academy, General Botha, established at Granger Bay, is integrated with the Cape Peninsula University of Technology (formerly called Cape Technikon), with a similar training facility at the Durban Institute of Technology (formerly called Natal Technikon). Deck and engineering students and officers complete their academic training at the Cape Peninsula University of Technology and the Durban Institute of Technology, while lower classes of certificates are offered at the Training Centre for Seamen, situated in the Duncan Dock area in Cape Town.
This training institution also caters for deck, engine-room and catering department ratings.
SAMSA is responsible for setting all standards of training certification and watchkeeping on behalf of the Department of Transport, while the Maritime Education and Training Board is responsible for the accreditation of all maritime courses.
Other maritime training organisations offer a wide range of courses that have been developed within the South African maritime industry. These are situated mainly in the Ports of Cape Town and Durban and, to a lesser degree, in Port Elizabeth.
The Department of Transport is responsible for the provision of a search-and-rescue function in South Africa.
The search-and-rescue programme has been in existence since 1948.
The South African Search-and-Rescue Organisation (SASAR) has been established to provide South Africa with a world-class searchand-rescue capability.
SASAR is a voluntary organisation functioning under the auspices of the Department of Transport.
Its main function is to search for, assist and, if necessary, rescue survivors of aircraft accidents or forced landings, vessels in distress, and accidents at sea. It is also charged with co-ordinating the resources made available to the Department by various government departments, voluntary organisations, and private aircraft and shipping companies for search-and-rescue purposes. The executive committee of SASAR, in conjunction with the relevant officials of the Department, is responsible for formulating policy and procedures.
The Department of Transport, the SANDF, Telkom, Portnet, SAMSA, CAA, ATNS, SAPS, the Independent Communications Authority of South Africa, SAA and the Department of Provincial and Local Government are members of SASAR and contribute their services and/or facilities.
Voluntary organisations such as the 4x4 Rescue Club, Mountain Club of South Africa, Hamnet and the National Sea Rescue Institute are also members of SASAR.
The South African Maritime and Aeronautical Search-and-Rescue Act, 2002 (Act 44 of 2002), is being implemented.
revising the current institutional search-and rescue framework. The Department of Transport is charged with the negotiation and conclusion of bilateral search-and-rescue agreements with countries bordering on the vast area of responsibility, which is laid down by both the ICAO and the IMO, and is approximately 28,5 million km2.
South Africa has contributed significantly to search-and-rescue in the southern oceans with the establishment of the Cospas-Sarsat System.
radio beacons, carried by ships and aircraft a space segment a ground segment.
the MCC, which then validates and exchanges alert data and technical information and redistributes it to search-and-rescue authorities.
South Africa was accepted as a member of the International Cospas-Sarsat Programme as Ground Segment Provider with effect from 1 November 2000.
This enables its LUT/MCC to be integrated into the global Cospas-Sarsat System. The following countries will be served by the LUT/MCC: Angola, Botswana, Burundi, the Democratic Republic of the Congo, Lesotho, Malawi, Mozambique, Namibia, Rwanda, Swaziland, Uganda, Zambia and Zimbabwe.
South Africa has been identified as a focal point for a regional search-and-rescue centre. During 2003/04, the Department set aside R3,5 million for the establishment of a dedicated Maritime Rescue Co-ordination Centre. The process is at an advanced stage.
Air Traffic and Navigation Services Airports Company South Africa Civil Aviation Authority Department of Transport Estimates of National Expenditure 2003, published by the National Treasury National Ports Authority of South Africa South African Rail Commuter Corporation Spoornet Ltd Transnet Ltd South African National Roads Agency Ltd Road Accident Fund www.gov.
Burkett, D. Jetlag: South African Airways in the Andrews Era. Sandton: Penguin, 2001.
Byrom, J. Fields of Air: Triumphs, Tragedies and Mysteries of Civil Aviation in Southern Africa. Rivonia, Sandton: Ashanti, 1993.
Development Bank of Southern Africa. Infrastructure: A Foundation for Development. Development Report 1998. Midrand: Development Bank of Southern Africa, 1998.
Du Toit, A. South Africa's Fighting Ships, Past and Present. Rivonia, Sandton: Ashanti, 1992.
Harris, C.J. and Ingpen, B.D. Mailships of the Union-Castle Line. Cape Town: Fernwood, 1994.
Infrastructure Mandates for Change: 1994 - 1999. Pretoria: Human Sciences Research Council (HSRC), 2000.
Ingpen, B.D. South African Merchant Ships: An Illustrated Recent History of Coasters, Colliers, Containerships, Tugs and Other Vessels. Cape Town: Balkema, 1979.
Khosa, M. ed. Empowerment Through Service Delivery. Pretoria: HSRC, 2000.
Moore, D. Sunset of Steam: A Tribute in Colour to the Golden Years of Steam Locomotives in South Africa. Johannesburg: Chris van Rensburg, 1990.
Nöthling, C.J. and Becker, D. Pride of the Nation:A Short History of the South African Air Force. Pretoria: South African Air Force, 1995.
Robbins, D. Blue Train. Johannesburg: Penguin, 1993.
Schnettler, F. A Century of Cars. Cape Town: Tafelberg, 1997.
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MEC Masango warned the officers during a graduation of over 600 young men and women into the South African Police Service (SAPS) on Thursday at a ceremony in held Witbank.
The MEC was quick to point out that corrupt officers were not wanted in the service because they were tarnishing the good image and integrity of the police.
Policing is an essential service with very little financial rewards. Those who want to become rich should resign and pursue business because they will be tempted to fall for corruption.
"Policing is among the critical professions in South African which provide a service and at the same time use force where necessary to ensure safety and security of citizens," said Masango.
He urged the new recruits to behave in a manner consistent with the values of the police service.
"As you join the police service, know that not everything will be easy. You will need to work for your people with respect and integrity. Financial rewards will sometimes not be sufficient and people will try to bribe you in order to perform illegal activities," he said.
In enhancing the dignity of the police service, Masango said the officers should be disciplined and not drink while on duty and have positive attitude towards the communities they serve.
He added that discipline should begin with them as they showed act of heroism, courage and self-sacrifice for serving others by joining the police service. He explained that their conduct and attitude should reflect selflessness and love for people of South Africa.
You should be patriotic about South Africa and its people. All citizens, black, white, coloureds, indians and foreigners depend on your service for their safety and security. Respect your colleagues and your job.
"Whether you have financial and other personal problems, walk with pride and instill a sense of fear to criminals while at the same time you render a friendly service, " he said.
Emalahleni Executive Mayor Clr. Linah Malatji said education was vital for police in ensuring among other things proper writing of statements.
She said that it (education) would also ensure high conviction rate at the courts, which would send a strong message to would-be criminals that crime does not pay.
Meanwhile, the Mpumalanga SAPS Acting Provincial Commissioner, Rex Machabi said while he welcomed the new recruits, it pained him that SAPS lost many young officers due to dismissals from ill-discipline.
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Minister Trevor Manuel will meet with the Statistics Council and Statistics South Africa on Monday 26 May 2003, at 40 Church Square, Pretoria. The meeting will be followed by a press conference at 13h30.
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Mpumalanga Safety, Security and Liaison MEC Vusi Shongwe has voiced his appreciation to law enforcement agencies for ensuring that the local government elections were secured and incident- free in the province.
Amid public service protests and some people who threatened to disrupt the elections, all the polling stations in Mpumalanga were safely guarded by the police.
Mpumalanga was amongst the three provinces which received a huge number of police officers to ensure safe voting and counting thereof after some areas were identified as a threat by the intelligence agencies.
There were no incidences of violence reported as people were tolerant to others who wanted to exercise their democratic rights to vote for their political party of choice.
Where there were minor incidences such as threats, the police and SANDF were ready to deal with the situation without using maximum force.
MEC Shongwe said he was kept informed by the provincial police management about the elections and he was happy that the elections were free and fair.
We have always maintained that the citizens of Mpumalanga are peace loving people. We saw in Ermelo that instead of threatening others, the people who did not want to vote decided to play games instead of intimidating the majority of people who wanted to vote.
Piet Retief was also highly targeted by the police and surprisingly the people voted in numbers, there were no riots, said Shongwe.
He said the police were well placed and ready to face any situation that could have led to violence in the province.
"The public service protests helped the police to plan properly and as the provincial government we are happy that democracy was safely guarded by the men and women in blue and SANDF," said Shongwe.
Shongwe also thanked the Independent Electoral Commission (IEC), community members and the various political parties for conducting themselves in a professional manner, saying that this clearly indicated maturity among the people of Mpumalanga in as far as democracy is concerned.
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The MEC for Community Safety, Security and Liaison, Ms Sibongile Manana is adamant that the establishment of Street Committees will come handy towards the fight against crime.
According to MEC Manana, these committees will ensure the involvement of all citizens in hindering criminals from terrorizing the community. This emerged during the regularly joint management forum (JMF), which is a meeting between the Department and the management of the Mpumalanga South African Police Services (SAPS).
Manana further briefed the Forum on the key priority areas emphasized by the Minister of Police, Mr Nathi Mthethwa that required urgent and special attention by all the sectors in the Justice Crime Prevention and Security cluster (JCPS).
The priorities include the establishment of a boarder management agency; the fighting of IT and cyber crime; corruption and the manipulation of tenders; lost docket (prevention thereof); detective and forensic investigative capacity; community partnerships and the establishment of the Community Safety Forums (CSF); performance management within the police; the speeding up of the transformation process of the SAPS; and programmes aimed at curbing violent crimes.
She stressed the fact that the department will also play its part in ensuring that these priorities are realized in order to enhance and strengthen policing in the province.
The MEC also highlighted the concerns raised from the youth parliament held at the provincial legislature last week, where young people from areas in the province mentioned, amongst other things, that most police reservists committed crime because they were not employed permanently. According to the MEC, this matter was raised sharply by the youth because it affected them on a daily basis, as it increased the number of unemployed youth.
Acting Provincial Commissioner, Assistant Commissioner Rex Machabi responded by saying that the police management will look into this matter. He further reported that when appointing police officers, SAPS ensures that their recruitment is water-tight to avoid recruiting people who are not suitable to be police officers.
The Joint Management Forum Meeting is a strategic meeting between the management of the Department of Community Safety, Security and Liaison, the ICD and the Management of the SAPS - Mpumalanga. The meeting is chaired by the MEC.
This was the first meeting of the JMF since the MEC joined the Department with the purpose of allowing the management teams of the Department, SAPS and the ICD to brief her on key projects and priorities aimed at reducing the crime rate in the Province, which is targeted at between 7 to 10 percent.
Presentations made at the meeting included the provincial crime overview, the clustering of police stations in the province, the provincial 2010 integrated safety plan; the MEC's Annual Excellence Awards; the Tourism Safety Monitors Project and the AFRIKA Concept.
The challenges were linked to rogue reservists and farmers, dysfunctional CPF structures and service delivery protests in various municipalities.
Manana was happy with regards to policing, particularly in areas where service delivery protests erupted. She commended police officers who ensured that members of the community who participated during the protests were calmed and those who broke the law arrested.
However, he warned them to be careful and to use minimal force when dealing with protesters in order to avoid loss of lives.
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Manana says that the Constitution of the Republic of South Africa guarantees the Right of Freedom of Expression that includes the right to demonstrate, picketing and petitioning.
"We acknowledge that the demonstrators might have genuine concerns regarding service delivery, but we cannot turn our province into a crime haven in the name service delivery protests".
"We are therefore encouraging the police and other law enforcement agencies to decisively deal with the thugs who are using concerns of our citizens to commit horrendous acts of crime", says Manana.
She called on the residents to respect the properties of individual residents whether they are South Africans or not. She said they must also respect state property because once property is destroyed it takes time to rebuild so that normal life in the area is restored.
She encouraged those who have information regarding these rogue elements to come forward and give information to the police so that they could be swiftly arrested and be dealt with accordingly.
Manana was responding to the protests that began on Sunday, 19 July 2009 in Siyathemba and spread to Ntorwane. The protests led to a clash between the police and the community.
It is also alleged that looting took place in shops belonging to foreign nationals, and burning of municipal properties.
Over 80 people have been arrested and charged with public violence, and the department urges the relevant authorities to make sure that suspects are prosecuted.
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As part of celebrating Mr Mandela's legacy, the Mpumalanga Department of Safety, Security and Liaison in partnership with the private sector will renovate Victim Support Centres at three police stations in the province.
A provincial commercial radio station (M-Power FM), Lowveld Media and one of the province's bi-weekly newspaper Ziwaphi will accompany MEC Sibongile Manana to paint the identified centres in an effort to leave legacy on behalf of Mr Nelson Mandela.
Radio and news personalities from these media houses will also participate by serving selflessly in painting the centres.
The aim of the campaign is to work for 67 minutes at the centres to mobilize the community and the broader society to assist not only in the fight against crime but to also assist those who have been victims of crime.
Painting and handing over of blankets.
Members of the media are invited.
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Mpumalanga Safety, Security and Liaison MEC, Ms. Sibongile Manana has expressed shock at the death of a five members of SAPS National Intervention Unit who died as a result of a helicopter crash that happened this morning at Emalahleni.
The crash took place while the officers were performing their duties around Emalahleni [Witbank] area this morning.
Two crew members' pilots also died during the accident increasing the number for the deceased to seven.
Manana said the officer's death is deeply regrettably as SAPS has always been experiencing problems of shortages of manpower.
Manana has hailed the officers as heroes for dying while on duty especially while attempting to assist good citizens of the province.
The MEC added that the officers' skills in crime fighting would sorely be missed especially by their colleagues.
"We will continue to earnestly and courageously fight against crime so that the souls of these heroes could find eternal peace as they died while responding to a crime scene," said Manana.
Manana has meanwhile sent messages of condolences to the families, friends and colleagues of the victims.
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The Minister in the Presidency responsible for the GCIS, intends introducing the Media Development and Diversity Agency (MDDA) Bill B2-20021 early in February in Parliament for consideration in 2002. The Bill is hereby published in accordance with Rule 241(l)(c) of the National Assembly.
Interested persons and institutions are invited to submit written representations on the Bill to the Secretary to Parliament, for the attention of Rita Schaafsma, by no later than 27 February 2002.
To establish the MediaDevelopmentand Diversity Agency; to provide for its objective and functions; to provide for the constitution of the Board and the management of the Agency by the Board; to provide for the chief executive officer and other staff of the Agency; to providefor the finances of the Agency; to provide for the support of projects aimed at promoting media development and diversity; and to provide for matters connected therewith.
"smallcommercialmedia" means independent media enterprises or initia- tives that are run for personal gain as micro, very small or small businesses as classified in the National Small Business Act, 1996 (Act No.
A juristic person known as the Media Development and Diversity Agency is established by this section.
The Board must act in terms of section 47(2) of the Public Finance Management Act, 1999 (Act No. 1 of 1999).
The Agency is independent and must be impartial and exercise its powers and perform its duties without fear, favour or prejudice, and without any political or commercial interference.
The objective of the Agency is to promote development and diversity in the South African media industry.
The Board of the Agency consists of at least seven members but not more than 30 nine members.
The Board consists of one nominee from each of the sectors referred to in section 5(l)(a)(i) to (iv) and at least three nominees from the general public.
fairness, freedom of expression, openness and accountability; and upholding and protecting the Constitution and the other laws of the Republic.
the community media sector; and the general public.
(b)The notice referred to in paragraph (a)must specify the manner in which and time within which the nominations must be submitted.
(c)For the purpose of the appointment of the first Board, the Portfolio Committee must within 60 days after the commencement of this Act, if Parliament is in session, or, if Parliament is not in session, within 60 days after the commencement of its next session, publish the notice in terms of paragraph (a).
(d)For all subsequent appointments of members, the Portfolio Committee must, at least 120 days prior to the expiry of the term of office of a member, request nominations from the relevant sector referred to in paragraph (a),by notice in terms of that paragraph.
transparency and openness; and that a shortlist of nominees for recommendation is published.
at least two but not more than three persons from eachof the sectors specified in subsection (l)(a)(i)to (iv); and at least five but not more than 10 persons from the generalpublic, to the President for appointment.
The President must appoint members from the nominees recommended by the Portfolio Committee.
(a)The President must appoint one of the members as chairperson of the Board.
(b)Inthe absence of the chairperson, the remaining members must, from their number, elect an acting chaqerson, who while he or she so acts, must perform all the functions of the chairperson.
Members are appointed on a part-time basis.
has, notwithstanding paragraph cf, at any time been convicted of theft, fraud, perjury, an offence under the Corruption Act, 1992 (Act No.
has been convicted after the commencement of the Constitution of a crime specified in Schedule 1 to the Criminal Procedure Act, 1977 (Act No.
(hj is a public servant or the holder of any other remunerated position under the State, except a member nominated in terms of section 5(l)(a)(i).
he or she is declared by a court to be of unsound mind or mentally disordered or is detained under the Mental Health Act, 1973 (Act No.
the President withdraws the appointment, after consultation with the other members, if that member is incompetent or unfit to fulfill his or her duties; If) he or she is found guilty of misconduct; or he or she is found guilty of an offence under section lO(4).
If a member dies or vacates his or her office in terms of subsection (2), the President may appoint a suitably qualified person, from the nominees referred to in section S(4), from which such member was appointed, to fill the vacancy for the unexpired term of office.
the President must appoint a member from the recommendations referred to in subparagraph (ii).
Subject to subsection (2),the term of office of members is three years.
At least SO percent of the members of the first Board must hold office for a period of five years.
The President must, within two years after the appointment of the first Board and in consultation with the Board, determine by notice in the Gazette, the members who must hold office for a period of five years.
No member may be appointed for more than two consecutive terms of office.
The Minister must, in consultation with the Minister of Finance, determine the remuneration of the members.
The first meeting of the Board must be held at a time and place determined by the Minister, and thereafter meetings must be held at such times and places as the Board may determine.
The Board must meet four times a year.
The chairperson of the Board may at any time, and must at the request in writing of not fewer than four members, convene a special meeting of the Board, to be held at such time and place as the chairperson may determine.
There may not be than eight special meetings per year.
(5)A quorum for a meeting of the Board is the majority of its members.
The chairperson must give 14 days' prior written notice of every meeting of the Board to all members.
A decision of the majority of the members present at any meeting constitutes a decision of the Board and, in the event of an equality of votes, the chairperson must have a casting vote in addition to his or her deliberative vote.
Subject to section 10(3),if the requisite majority of the members who are entitled to sit as members at a meeting of the Board take a decision or authorise an act at that meeting, the decision taken or act performed under that authorisation is valid despite the fact that a member who had become disqualified in terms of section 6 but had not vacated his or her office, sat as a member.
Minutes of proceedings of every meeting of the Board must be recorded and entered in a book kept for that purpose.
Minutes of the proceedings of each meeting must be submitted at the next meeting of the Board and, if passed as correct, must be confirmed by the signature of the chairperson and may, when so confirmed, be evidence in a court of law of the proceedings of the first-mentioned meeting.
(I 1) The Board may require the chief executive officer to attend any of the Board's meetings.
in relation to an application for support, he or she or his or her family member is a director, member or business partner or associate of, or has an interest in, the business of the applicant or of any person who made representations in relation to the application; or in relation to any matter before the Board, he or she has any interest which might preclude him or her from performing his or her functions as a member in a fair, unbiased and proper manner.
(2)(a)If, during the course of any proceedings before the Board, there is reason to believe that a member has any interest contemplated in subsection (l), that member must immediately fully disclose the nature of his or her interest and leave the meeting or hearing in question so as to enable the remaining members to discuss the matter and determine whether or not that member should be allowed to participate in the proceedings.
bj The disclosure, and the decision taken by the remaining members, must be recorded in the minutes of the proceedings in question.
If any member fails to disclose any interest as required by subsection (2) or, subject to that subsection, if he or she is present at the place where a meeting of the Board is held or in any manner participates in the proceedings of the Board, the relevant proceedings of the Board are null and void.
or contravenes subsection (1); or fails to disclose any interest or fails to leave the meeting or hearing as required by subsection (2).
The Board must appoint a person qualified and experienced in accounting and financial matters, and who is, as far as possible, qualified or experienced in the fields set out in section 4(3)(b), as chief executive officer of the Agency.
A person is disqualified from being appointed or remaining a chief executive officer if he or she is a Board member or subject to any of the disqualifications mentioned in section 6(1).
(3)A chief executive officer holds office for a period not exceeding five years and may not be appointed for more than three consecutive terms of office.
if that chief executive officer has repeatedly failed to perform the duties of his.
if, due to any physical or mental illness or disability, that chief executive officer has become incapable of performing his or her functions or performing them efficiently; or for misconduct.
The chief executive officer and staff must be appointed in accordance with procedures applicable to the appointment of public servants in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994).
The terms and conditions of service of the chief executive officer and other staff of the Agency, including their remuneration, allowances, pensions and other service benefits, are determined by the Board.
The remuneration, allowances, pension and other service benefits referred to in subsection (6) must be determined in accordance with a system approved by the Minister with the concurrence of the Minister of Finance.
Subject to the written directions of the Board and section 14(2)(b), the chief executive officer may appoint such other staff for the Agency as are necessary to perform the work arising from or connected with the functions of the Board or the Agency.
compile an annual report on the activities of the Agency and submit the report the to Board for approval.
an evaluation of how the Agency's mandate has been achieved; and a projection of forthcoming activities.
discounts or subsidies in print and signal distribution, postal rates and telephone tariffs; and low-interest rate loans.
(2)The Board must submit the approved report referred to in section 12(2)(c),to the Minister within three months of the end of the relevant financial year.
(a)The Board must arrange an annual meeting with stakeholders in the media industry to give a report on the Agency's activities.
(b)The Minister may, in consultation with the Board, determine which stakeholders must be invited to the meeting referred to in paragraph (a).
(c)The Board must, in addition to the invitation extended to stakeholders mentioned in paragraph (b),publish an invitation to the annual meeting in at least two newspapers circulating throughout the Republic.
The Board may, after public consultations, make recommendations regarding media development and diversity to government and the media industry.
(5)The Board may delegate any of the functions mentioned in this section, except the function specified in subsection (l)(b), to the chief executive officer.
interest derived from any investments; or money lawfully accruing from any other source.
fund projects and activities connected therewith, including project evaluation, feasibility studies and needs analyses; and defray expenses, including expenses regarding remuneration, allowances, pensions and other service benefits referred to in section 11(5),incurred by the Agency in the performance of its functions under this Act as long as such expenses do not exceed the prescribed percentage of the funds referred to in subsection (1).
(f,) identifying, gathering and distributing resources for media development through agreements with strategic partners.
Direct subsidies referred in section 15(a)(i)must only be granted to community media projects and not to small commercial media projects.
Community media projects may also receive any other support contemplated in the Act.
Small commercial media projects primarily receive low interest rate loans referred to in section 13(l)(g)(ii) and may receive, subject to subsection (l), any other support contemplated in this Act.
people with disabilities; and groups with special needs not covered by paragraphs (a)to (j) and identified by the Board in consultation with the Minister.
All projects must be aimed at achieving the objective of the Agency as contemplated in section 3.
(2)The Board must, when selecting projects, take into consideration the communities and persons identified in terms of section 13(l)(a).
the manner in which an application for support for projects must be made; and the information that must accompany the application.
business plans containing measures for future sustainability; and the proposed budget.
assess the progress of such projects; and ensure that such projects are achieving its goals.
if the instruction contemplated in paragraph(a)is not complied with, suspend or terminate support provided to the concerned.
(a)Any person or institution aggrieved by a decision madein terms of subsection may, after giving notice to the Board in the prescribedmanner, within a period of 30 days after the date of such decision, appeal to the Minister in the prescribed manner against such decision concerned.
(b)The Board must, within a period of 14 days after the date on which a notice in terms of paragraph (a) is received, furnish the Minister with written reasons for the decision in question.
The Minister may, after consideration of the said reasons and the appellant's grounds of appeal, confirm, amend or set aside the decision.
The Boardmay enter into agreements with any organisation in terms of which financial or non-financial assistance is given to the Board for the furtherance of the objective of this Act.
benefit the specified in section 17; and groups satisfy the criteria prescribed in terms of section 18(3)(a).
The Minister may, in consultation with the Board, make regulations regarding any matter that is required or permitted to be prescribed in terms of this Act.
(2)The Board must, not less thantwo months before any regulation is made, cause the text of such regulation to be published in the Gazette, together with a notice declaring the Minister's intention to and inviting interested persons to furnish make that regulation the Board with comments thereon or representations in regard thereto.
This Act is called the Media Development and Diversity Agency Act, 2002, and comes into operation on a date fixed by the President by proclamation in the Gazette.
The Media Development and Diversity Agency (MDDA) draft position paper was launched by the Minister in The Presidency on 29 November 2000 and was subsequently published for public comment. Submissions closed on 28 February 2001. Parallel to the review of submissions, the Government Communication and Information System (GCIS) was involved in ongoing stakeholder consultations and discussions. The proposed legislation has been drafted in the light of these submissions and consultations with stakeholders.
2.1 The establishment of the Media Development and Diversity Agency (MDDA).
2.2The establishment of the MDDA Board, to oversee thefunctions of the Agency.
2.3 The procedures for the appointment of the MDDA Chief Executive Officer and staff members.
2.4The determination of projects to be supported and the types of support available to successful applicants to the Agency.
2.5 The determination of finances for the Agency.
2.6 The making of regulations regarding any matter that is required or permitted to be prescribed in terms of this Bill specifically with regard to funding criteria and how these are to be administered.
3.2 On 27 March 2001 the parliamentary Portfolio Committee on Communication held public hearings on the MDDA.
It is anticipated that government's contribution to the MDDA will be covered by existing allocations to departments within the Medium Term Expenditure Framework (MTEF).
The State Law Advisers and the GCIS are of the opinion that this Bill must be dealt with in accordance with the procedure set out in section 75 of the Constitution since it contains no provision to which the proceduresetoutinsection 74 or 76 of the Constitution applies.
<fn>GOV-ZA.23092009En.2012-02-10.en.txt</fn>
The Imbizo is part of mobilizing communities against crime and to strengthen existing partnerships between government and the community.
The Imbizo is organized by the Department in conjunction with the local police, Community Policing Forum (CPF) and other community structures. The department will also provide the citizens with an opportunity to make inputs on safety and security matters.
The indaba follows an analysis that most liquor outlets do not comply with the conditions stipulated in their licenses and this has an impact on most contact crimes.
The indaba will be attended by among others; taverns and shebeens owners, Provincial Liquor Board, SAPS and other government departments.
The theme for the Indaba is "Responsible Liquor Trading Creates Responsible Drinking".
Members of the media are invited to these events.
<fn>GOV-ZA.230nationalcouncilofprovincestodebatecogtabudgetvote20112012tomorrowEn.2012-02-10.en.txt</fn>
Cape Town, 7 June 2011 - Members  of Parliament's National Council of Provinces (NCOP) will tomorrow debate the budget Vote presented by the Acting Minister for Cooperative Governance and Traditional Affairs, Nathi Mthethwa, for the 2011-2012 financial year in  Parliament last Tuesday.
The sitting will be in the Old Assembly and is  intended to give members of parliament an opportunity to interact, debate and  understand the key priorities that will drive the department in terms of programmes,  spending and other resources in the current financial period.
Key focus areas for the new term of municipal  councils, the Local Government Turn Around Strategy (LGTAS), the Delivery  Agreement on Outcome 9, service delivery imperatives, job creation and the  integration of Councillor programmes with traditional leaders' programmes came into sharp focus in Minister Mthethwa's presentation last week.
This was followed after tthree days, on Friday  June 3, by the official opening of the National House of Traditional Leaders (NHTL), which also falls under CoGTA, by the President of the Republic, the  Honourable JG Zuma who also put even more emphasis on issues of Local Government within the ambit  of traditional affairs, rural development and government's Programme of Action  at a broad level.
The  NCOP is a house of Parliament which specifically provides provinces with a  forum in which to engage with national government on matters concerning areas  of shared national and provincial legislative powers, but also oversees the programmes and activities of national government relating to provincial and  local government matters.
The  House can be regarded as a concrete expression of "cooperative governance",  hereby governance in South Africa is seen as a partnership among the national,  provincial and local spheres of government. It further means that national legislation must be sensitive to provincial interests and concerns. In addition,  provinces must not act alone or in isolation, but must be integrated into the national legislative processes.
Organised  local government is also represented in the NCOP through the South African Local Government Association (Salga), with a representation of 10 members who  may participate in the debates and other activities of the NCOP, but may not  vote.
The department is expected to convince members  of the NCOP  about how it is planning to  move closer to achieving the vision of: "An integrated, responsive,  accountable and highly effective governance system working with communities to achieve sustainable development and improved service delivery", Acting  Minister Mthethwa said.
Issued  by the Ministry for Cooperative Governance and Traditional Affairs (CoGTA).
<fn>GOV-ZA.23112009En.2012-02-10.en.txt</fn>
Mpumalanga Community Safety, Security and Liaison MEC, Ms Sibongile Manana is calling on Schoemansdal communities to be calm and not take law into their own hands.
This follows allegations that police are brutalizing the people after one person was alleged to have been shot and killed and thrown into the local river.
We are calling on the people to remain calm and not take law into their own hands. We should not judge the police, let the law take it own course.
"The Independent Complaints Directorate is busy investigating whether there was any negligence from the police, once that has been done, we will communicate accordingly with the deceased's family," said MEC Manana.
<fn>GOV-ZA.23122En.2012-02-10.en.txt</fn>
Vol. 441 Cape Town 19 March 2002 No.
The Minister of Finance intends tabling the Financial Services Ombudschemes Bill, 2002 in Parliament during the third parliamentary term.
241(c) of the Rulesof the National Assembly. Interested persons and institutions areinvitedto submit written representationon the bill to the Secretary to Parliament by no later than29 April 2002.
In this Act, unless the context otherwise indicates-"board" meanstheFinancialServicesBoardestablished by section 2 of the 5 Financial Services Board Act, 1990 (Act No.
"financial institution" means-a bank as defined in sectionl(1)of the Banks Act, 1990 (ActNo.
"registrar"means the executive officer appointed as such in termsof section 13of the Financial Services Board Act, 1990(Act No.
There is hereby established a Committee as the Financial of the board to be known Services Ombudschemes Committee.
The Committee consists of a chairperson designated by the board, and other 20 members, including persons representative of financial institutions and clients affected by this Act, appointed by the board.
(2)If the chairperson is absent or is for any reason unable to act as chairperson, any other member of the Committee elected by members, may act as chairperson.
The registrar is a member of the Committee by virtue of the registrar office.
A member of the Committee holds office for such period as the board may determine at the time of the member's appointment.
(2)A person whose term of office as a member of the Committee has expired, is eligible reappointment.
on resigning as a member; or if the member is discharged by the board on the grounds of misbehaviour or incapacity.
If a member vacates office as a result of any of the grounds contemplated in subsection (l),the Committee may continue its work as long as not fewer than three members are in office.
The Committee maymeet or otherwise arrange forperformance of its functions 40 and may regulate its meetings as it thinks fit.
(2)The decisions of the Committee are validif taken by a simple majority of members in office at the relevant time.
A member of the Committee who is not in the full-timeemployment of the State or 45 the board is paid the remuneration and allowances determined by the board as well as any expenses incurred in the performance of the functions of the Committee.
dj must perform such other functionsas the board may direct in order to achieve objects Act.
For purposes of fundingtheexpenditure of theCommitteeinrendering any service to a recognised scheme, the board may charge a service fee in accordance with a tariff published by the board from time to time in the Gazette.
such other requirementsas the board may stipulate, after consultation with the Committee.
Nothing contained in subsection (1) precludes a scheme from providing that its participants are boundby other rules not in conflict with the provisions of subsection (1).
A recognition once granted to a scheme does not preclude the Committee from imposing additional requirements on the scheme based onthe requirements set out in subsection (l),after thescheme has been aEorded a reasonable opportunity to be heard.
submit its application in writing in the prescribedformandwiththe supporting documentation and a non-refundable fee determined by the board.
An independent body referred to in section 9(l)(b) or a representative of the category of financial institutions concerned may appear before the Committee in order to submit the applicant's application for recognition and to present its case in support of such recognition.
any guidelines provided to the Committee by the board.
The Committee may, at the request of the scheme or of its own accord after the scheme has been afforded a reasonable opportunity to be heard, review or amend the conditions and restrictions imposed in terms of subsection (5).
If an application has been granted, the Committee must issue to the applicant a written recognition with appropriate particulars, to operate a voluntary ombudscheme, and the recognition must be published by the registrar by notice in the Gazette.
if the scheme no longer complies with the requirements of this Act.
in the Gazette.
paragraphs (b)and (c)of subsection (1) may only be made after the scheme concerned has been afforded a reasonable opportunity to be heard.
"the statutory ombud") may, subject to section 16(l)(d), deal with complaints in the circumstances and on the basis set out in subsection (2).
the ombud of a scheme with jurisdiction has determined thatit would be more subsection (3) to exercise jurisdiction over the complaint.
The statutory ombud, after consulting other ombuds who may be involved, must determine which ombud, or ombuds jointly, may exercise jurisdiction over a specific complaint if the jurisdiction of different ombuds overlaps in respect of such complaint.
(5)The statutory ombud who deals with a complaint in terms of this section, may before the end of the proceedings determine a fee payable by the financial institution concerned in order to cover the costs of dealing with each complaint officially received assuch, inaccordancewithguidelinesset by the Committee and afterentertaining representations from the financial institution on the amount of the fee.
Official receipt of acomplaint by an ombudsuspendsanyapplicable contractual time barring terms or the running of prescription in terms of the Prescription Act, 1969 (Act No 68 of 1969), for the period from such receipt until the complaint has either been withdrawn by the complainant concerned or determined by the ombud.
at the request of the Committee at any time, furnish the Committee within a reasonable time with such informationor report regarding the operation of the scheme and other matters relating to the scheme asbemaynecessary to ensure compliance by the withprovisions of this Act.
The Committee must submit reports and information received from an ombud to the board with such comment or recommendation as the Committee deems necessary.
Neither this Act nor the operation of a recognised scheme affects the activitiesof the office of the Pension Funds Adjudicator established by section30 B of the Pension Funds Act, 1956 (Act No 24 of 1956).
This Act is called the Financial Services Ombudschemes Act, 2002, and comes into operation on a date fixed by the President by proclamation in the Gazette.
MEMORANDUM ON THE OBJECTS OF THE FINANCIAL SERVICES OMBUDSCHEMES BILL, 2001 1.
The Bill is the result of a consultative process between the Financial Services Board, on the one hand, and a wide spectrum of financial services industry representatives and other interested parties, such as the industry ombuds, on the other hand. The gravamen of opinion gainedduring this process was that there was roomfor thestatutory recognition of voluntary ombud arrangements that exist in the industry, provided they were sufficiently supported by industry players and complied with certain minimum criteria. In addition it wasthought that client complaintsdirected at a financial institution which did not participate in an ombud arrangement, should be dealt with by a statutory ombud to be created in a new Act.
The main objects of the Bill are, therefore, to provide for the statutory recognition of voluntary ombudschemes, whether presently in existence or not; to lay down minimum requirements for such schemes; to empower the ombud for financial services providers to act as a statutory ombud; to establish a Committee which will oversee the application of the Act; and to provide for matters incidental thereto.
Clause 1, whichis the definition clause, defines the principal words and expressions used in the Bill. It appears from this clause that banks and mutual banks, collectiveinvestment schemes and management companies, and long-term and short-term insurers are to be the financial institutions covered by the provisions of the Bill. Any other institution or body may also be declared a financial institution for purposes of the Act.
Clause 2 provides for theestablishment of the FinancialServices Ombudschemes Committee, a body representative of consumers, industry and others, which will function as a committee of the Financial Services Board and be responsible for the application of the Act. The Executive Officer of the Financial Services Board will serve as a member of the Committee and the administrative work of the Committee willbe the responsibility of the Financial Services Board which will also fund the activities of the Committee, with the right to raise fees on participating schemes.
to receive and consider annual reports by the ombuds.
Clause 9 lays down the minimum requirements for recognition of a voluntary ombudscheme.
provision for the effective enforcement of determinations of the ombud.
Clause 10 sets out the procedures to be followed when application for recognition of a voluntary ombudscheme is made. The Committee has to be satisfied in the respects laid down by theAct and will be entitled either to grant or refusethe application, or, when granted, toimpose conditionsand restrictions on the scheme and its ombud.
fi Clause 11 provides for suspension or withdrawal of an authorisation granted to a scheme in certain circumstances.
(i)Clause 12 empowers the ombudfor financialservicesprovidersto entertain client complaints if those complaints cannot be accommodated by any of the ombuds in the voluntary arrangements. That would for example be the caseif the financial institution complained against is from a sector which has not seen fit to form a voluntary ombud arrangement, or in the instance where there is such an arrangement, but the financial institution in question has elected not to participate therein.
The procedures adopted for the resolution of complaints referred to the statutory ombud will be the same as those provided for in the Financial Advisory and Intermediary Services Act, 2001.
The statutory ombud will also deal with the situation where there is an overlap of jurisdiction of ombuds.
Clause 13provides for the suspension of barring clauses or prescription while a complaintisinthe hands of an ombud and furthermakesclearthat a complainant's rights to institute action through the courts, are not affected.
Clause 14requires all ombuds of voluntary schemes to submit annual reports to the Committee and furtherto furnish any information which the Committee may require from time to time. The Committee in turn must submit these reports to the FinancialServicesBoard, withsuch recommendations as it deems necessary.
Clause 15 of the Bill excludes the activities of the Pension Funds Adjudicator from the ambit of this Act.
Clause 16 enables the Financial Services Board to issue rules ona number of aspects in order to supplement the provisions of the Bill.
Clause 17 contains the usual provision for the commencement and short title of the Bill.
The drafting of the Billhasbeenpreceded by anextensiveconsultative process with the financial services industry and other role players suchas the existing voluntary ombud offices and consumer bodies.
After exposure on a limited basis, a further draft of the Bill was prepared and publicised for comment.
The Bill has no financial, organisational and personnel implications for the State, except that the statutory recognition of voluntary ombudschemes, all funded by industry, are likely to alleviate the burden of the courts.
Client complaints lodged with an ombud are submitted on a voluntary basis and any client may still elect to take recourse to law through the ordinary process of court, rather than following the ombud route. In these circumstances the provisions of the Billare not seen to be in contravention of any constitutional right.
The Bill does not have communication implications other than thecommencement of the Bill as an Act of Parliament being publishedin the Gazette.
ParliamentaryProcedure Intheopinion of the StateLawAdvisorsandthe Financial Services Board this Bill should be dealt with in terms of section 75 of the Constitution. None of the procedures laid down in sections74 and 76 of the Constitution are applicable.
<fn>GOV-ZA.23191En.2012-02-10.en.txt</fn>
The Minister of Public Works, Ms. Stella N Sigcau, MP, hereby publishes the draft State Property Management Company Bill, which Bill establishes a public company whch will provide accommodation to clients and be responsible for the strategic and operational managementof the fixed asset portfolioof the State.
Tomake provision for a company, which will be responsible for thestrategicand operational management of the fixed asset portfolio of the State to derive benefits for theStatefrom itsproperty portfolio andforthatpurpose toprovideforthe establishment of the State Property Management Company, a public company wholly owned by the State; to provide for the governance and management of that company; to define the objects, powers, duties and operational and financial accountability of that company; to provide for the establishment of a regulator to oversee the exercise of its powers and duties by the State Property Management Company; and to provide for matters incidental thereto.
"Companies Act" means the Companies Act,1973 (Act No.
There is hereby establishedacorporatebody to be known as theStateProperty Management Company.
Notwithstanding the provisions of the Companies Act, the Minister must sign the memorandum of association and articles of association of the proposed companyon behalf of the State.
Notwithstanding the provisions of the Companies Act, the Company has at incorporation not more than one member.
The Minister must take up sharesin the Company so incorporated on behalf of the State, and then exercise the State's rights as member and shareholder of the Company.
Subject to section 8, the shares contemplated in subsection (4), may only be sold or otherwise disposed of with the approval, by resolution, of Parliament.
(6)(a) No stampdutiesintermsoftheStampDutiesAct,1968(Act No.
No fee as contemplated in section 63 of the Companies Act or any other fee is payable to the Registrar in respect of the incorporation and the issue of a certificate to commence business in terms of subsection (1).
The Companies Act applies to the Company subject to the provisions of this Act.
Sections 66, 190 and 344(d) of the Companies Act do not, while the State is a member of the Company and the total number of members of the Company is less than seven, apply to the Company.
TheMinistermay, bynoticeinthe Gazette, exempttheCompany fiom the application of any other provision of the Companies Act or render such provision applicable, subject to such modification as theMinisterconsidersnecessary, andtheMinistermay withdraw or amend such notice.
The Registrar may issue such directives and authorise such exemptions fiom or modifications to the regulations made under the Companies Act, as the Registrar considers necessary, in respect of the Company in order to give effect to the provisions of this Act.
(1)The objectsofthe Company are to provide accommodation to its clients and to manage the fixed assets efficiently and cost effectively to ensure optimum functional, social and financial returns for the State.
the objects mentioned in subsection (1) may not be altered; and for thispurpose, the references to the Company and the membersin sections 55 and 199 to 204of the Companies Act, are deemed to be references to the Cabinet.
may request the LandAffairs Board established under section2 of the Land Affairs Act, 1987 (ActNo.
maygenerallydoallsuchthings as the Companyconsidersnecessary or expedient to achieve the objectives of this Act.
The powers set out in subsection (1) are in addition and supplementary to the powers set out in Schedule 2 of the Companies Act except in so faras a power set out in the said Schedule2 is qualified or limitedin subsection (l), the other provisions of this Act or the PublicFinanceManagementAct, inwhichcase such qualification orlimitationmustbe adhered to by the Company.
such other matters as provided for in this Act or as are necessary or useful fortheachievement of the- objects oftheCompanyand to regulatethe business and affairsof the Board and the Company.
DespitetheprovisionsoftheCompaniesAct, theCompanymayonlyissue shares to an organ of state, with the approval, by resolution, of Parliament and subject to the condition that the Minister remains the majority shareholder of the Company at all times.
Subject to the overallauthority of theshareholderof the Company as provided for in this Act, the Companies Act and the articles, the Board determines and controls the business strategyof the Company and directs the operations of the Company.
who must constitute the minority of the Board; and who, together with the chairperson, must constitute the majority of the Board and include representatives of two government departments that have an interest in the management of the fixed asset portfolio of the State; and the majority of which may not be officers as defined in section 1 of the Public Service Act, 1994 (Proclamation 103 of 1994), or deemed to be such officersin terms of section 1of the Public Service Amendment Act, 1996 (ActNo. 13 of 1996).
Subject to section 13(2), the Minister, taking into account, among other things, theprinciples of transparency and representivity, appointstheexecutivedirectors fiom among persons who have shown ability in and experience with financial, legal, commercial, property management, administrative or industrial matters.
resign fiom office by submitting to the Minister a letter of resignation 60 days before the vacating ofhis or her office.
is as stipulated in that contract of service.
(c)hasafinancial or other interestlikely to prejudicially affect his or her performance of dutiesas director of the Company.
A decisiontaken by the Board or an actperformedundertheauthority of the Board is not invalid by reason only of a vacancy on the Board, or of the fact that a person who is not entitled to sit as a directorassata director at the time when the decision wastaken or the act was authorised, if the decisionwas taken or the act was authorised by the requisite majority of directors who were present at to sit.
The chief executive officer is, for the purposes of the Companies Act, 1973, the managingdirectoroftheCompanyand has, onbehalf of theBoard, the direction and management of the business and affairs of the Company with authority to act in all matters that are not by this Act or the articles specifically reserved to be done by the Board.
The chief executive officer appointed by the Board is, by virtue of holding that office, an executive director of the Board.
The chief executive officer may be reappointedat the expiry ofhis or her term of office.
The term of ofice, conditions of service and termination of service of the chief executive officer must be determined in the contractof service concluded between the Board and the chief executive officer.
If, for any reason, the chief executive officer is unable to act for a period longer than two months, the Board may appoint an acting chief executive officer to act as the chief executive officer for the duration of such inability or three months, whichever period is the shortest, and the person so appointed has, while so acting, all the powers and carries out all the duties of the chief executive officer.
money received from interest on any investment.
If the Public FinanceManagementActenjoyspreference as contemplated in subsection (l), the Company may, with the concurrence of the Minister, request the Minister of Finance to exempt it, in terms of section92 of that Act, from the provision concerned on the condition that the Company follows the procedures prescribed by the similar provision in the Companies Act.
An asset management plan must contain the prescribedminimumcontent.
For the period determined by the Minister by notice in the Gazette, any national governmentdepartmentmust the to the approachCompany providenecessary accommodation and the Company will supply or enter into any negotiations on its behalf to % obtain satisfactory accommodation.
The Company and the client concerned must enter into a service agreement to determine the terms and conditions for the rendering of the services by the Company and the parties must agree on alternative dispute resolution measures.
approve the raising of loans or borrowing of money exceeding the prescribed limitations.
Subject to the CompaniesActandthearticles, theBoardmaydelegateany power, except the power to make rules and appoint the chief executive officer, conferred upon it by this Act to any director of the Board or the chief executive officer or any employee of the Company.
The chief executive officer may delegate any power conferred upon him or her under this Act or delegated to him orherundersubsection (2), to any employeeofthe Company.
amend or set aside anythlng done in the exercise of such power; and at any time withdraw such delegation.
Nothing in this section prevents the shareholder of the Company, the Board or the chief executive officer, as the case may be, from exercising a delegated power underthis section.
be registered or licensed in terms of any legislation; or falsely claim to be acting on behalf of the Company.
Any person who contravenes this section is guilty of an offenceandliable on conviction to afine or to imprisonment for a term not exceeding two years, or to both.
any matter which may be prescribed underthis Act; and such other matters as arenecessaryoruseful to be prescribedforthe achievements of the objects of this Act.
TheMinistermust, on the commencement of this Act, transfertheoperational assets, liabilities, rights and obligations, of which the Department is the owner or holder of or responsible for, needed by the Company to commence business and agreed to by Cabinet, on such conditionsas the Minister may determine, to the Company.
The Minister may, in consultation with the Minister of Finance, transfer to the Company seed funding for the purpose of establishing it as an operational concern.
The Minister may after consultation with the Company and subject to the consent of the creditor concerned and such conditionsas the Minister and the creditor may agree on, assign to the Company any obligation of the Department arising out of an existing agreement betweentheDepartmentand that creditor in connection withanydebtincurred by the Department in connection with the property to be managed by the Company.
Notwithstanding any law to the contrary, the Company is, with effect fiom the date of transfer, vested with the ownership of the operational assets and rights and charged with the liabilities and obligations transferred or assigned to.it under subsections(1) and (2).
A certificate issued by the Minister stating that any lease or any other operational asset or right described in such certificate has been transferred to the- Company- in terms of subsection (l),is sufficient proof that the operational asset or rightso described vests in the Company.
On the submission of the certificate contemplated in subsection (5) to any person in charge of any ofice where a register or a record is being kept of the ownership of or entitlement to an asset or right described in such certificate, that person must make such entries in or on any relevant register, or other document in his or her office or submitted to him or heras may be necessary to effect the transfer in the name of the Company.
The Company is substituted for the Department as a contracting party in respect ofanyagreementtransferred to the Company in terms ofsubsection (1) withoutthat substitution bringing about a novation of that agreement.
The Minister, in consultation with the Minister of Finance, determines the value of operational assets and liabilities transferred (1).
Notwithstandingany law to the contrary, nostampduties, transferduties, registration fees, sales tax, additional sales levy, value addedtax or any other duty, fee, tax or levy payable in terms of any lawfor the acquisition or transfer of operational assets or rights is payable in respect of the transfer of the operational assets or rights by the Minister to the Company in terms of subsection(1).
The Minister may, subject to the provisions ofthePublicServiceAct,1994 (Proclamation No.104 of 1994), maketheservices of any personwho is an officer or employee of the Department in terms of that Act, available to the Company.
option that officer or employee must, notwithstanding the provisions of any other law, be deemed to be a dormant member of the fund concerned as contemplated in section 15 of the General Pensions Act, 1979 Act No.
No24 of 1956, if any.
The Minister may delegate, on the conditionshe or she considers necessary, to an officer of the Department, a power grantedto him or her by this section.
Amendment of laws out in thethird column thereof.
Short title and commencement comes into operation on a date determined by the Minister by notice in the Gazette.
Different dates may be determined under subsection (1) in respect of different provisions of this Act.
Any reference in any provision of this Act to the commencement of this Act is construed as a reference tothedatedetermined under subsection (2) inrelation to such provision.
Column 1 Column 2 No. and year of law Title Act No.
Company established by section 2 oftheState PropertyManagementCompanyAct, 2002 (Act No...
State Management Company.
<fn>GOV-ZA.23195En.2012-02-10.en.txt</fn>
Vol. 441 Cape Town 1 March 2002 No.
The Minister of Communications intends introducing the Electronic Communications and Transaction Bill in May 2002 in Parliament for consideration this year.
The Bill is hereby published in accordance with Rule 241(l)(c) of the National Assembly.
The Bill can also be found on www.parliament.gov.za.
To provide for the facilitation and regulation of electronic communications and transactions;toprovideforthedevelopment of anationale-strategyforthe Republic; to promote universal access to electronic communications and transac-tions and the use of electronic transactions by SMMEs; to provide for human resource development in electronic transactions; to prevent abuseof information systems; to encourage the to matters use of e-Government services; and provide for connected therewith.
E-GOVERNMENT 25 28.
Establishment and incorporation of.
Regulations 10 72.
Chapter X, means the.
a stored record.
exercising a public power or performing a public function in termsof any legislation; "registrant" means an applicant for or holder of a domain name; "registrar" means an entity which is licensed by the Authority to updatea repository; "registry" means an entity licensed by the Authority to manage and administer a specific sub-domain; "repository" means the primary register of the information maintained by a registry; "second level domain" means the sub-domain or sub-domainsimmediately following the ccTLD, signifying a category or type of domain name; "SMMEs" means Small, Medium and Micro Enterprisescontemplatedinthe Schedules to the Small Business Development Act, 1996 (Act No. 102 of 1996); "sub-domain" means any subdivision of the. za domain name space which begins at the second level domain; "TCP/IP" means the Transmission Control Protocol Internet Protocol used by an information system to connect to the Internet; "TLD" means the top level domain of the domain name system; "third-party", in relation to a service provider, means a subscriber to the service provider's services or any other user of the service provider's services or a user of information systems; "transaction" means a transaction of either acommercial or non-commercial nature, and includes the provision of information and e-Government services; "universalaccess" means access by all citizens of the RepublictoInternet connectivity and electronic transactions; "WAF"' means Wireless Application Protocol, an open international standard developed by the Wireless Application ProtocolForumLimited, acompany incorporated in terms of the laws of the United Kingdom, for applications that use wireless communication and includes Internet access from a mobile phone; "web page" means a data message on the World Wide Web; "web site" means any computer on the Internet containing a home page or web page;"World-Wide Web" means anInternethyperlinkeddistributed information retrieval system and includes all data messages residing on all computers linked to the Internet; and ".za domain name space" means the. za ccTLD assigned to the Republic according to the two-letter codes in the International StandardIS0 3166-1.
GOVERNMENT 1 MARCH 2002 ensure efficient use and management of the. za domain name space; and ensure that the national interest of the Republic is not compromised through the use of electronic communications.
This Act must not be interpreted so as to exclude any statutory law or the common law from being applied to, recognising or accommodating electronic transactions, data messages or any other matter provided for in this Act.
Subject to any contrary provision in this section, this Act applies in respect of any electronic transaction or data message.
requiringanyperson to generate, communicate, produce, process, send, receive, record, retain, store ordisplay anyinformation, document or signature by or in electronic form; or prohibiting a person from establishing requirements in respect of the manner in which that person will accept data messages.
The sections of this Act mentioned in ColumnB of Schedule 1do not apply to the laws mentioned in Column A of that Schedule.
This Act must not be construedas giving validity to any transaction mentioned in Schedule 2.
The Minister must, within24 months after the promulgation of this Act, develop a five-year national e-Strategy for the Republic, which must be submittedto the Cabinet for approval.
TheCabinetmust, onacceptance of the national e-Strategy, declare the implementation of the national e- Strategy as a national priority.
may liaise, consult and cooperate with public bodies, the private sector or any other person; and may, in consultation with the Minister of Finance, appoint experts and other consultants on such conditions as the Minister may determine.
(a)TheMinistermust, in consultation with other members of the Cabinet, determinethesubject matters to be addressed in the nationale-Strategyand the principles that must govern the implementation thereof.
(b)Prior to prescribing any subject matter and principles provided for in paragraph (a),the Minister must invite comments from all interested parties by noticein the Gazette and consider any comments received.
the electronic transactions strategy of the Republic, distinguishing between national, regional.
the resources required to achieve the objectives provided for in the national e-Strategy.
(5)Upon approval by the Cabinet, the Minister must publish the national e-Strategy in the Gazette.
allocate funds for implementation of the national e-Strategy to such institutions and persons as are responsible for delivery in terms of the national e- Strategy and supervise the execution of their mandate; and take any steps reasonably necessary to enable all relevant parties to achieve their respective obligations.
The Minister must annually report to the Cabinet on progress made and objectives achieved or outstanding and may include anyother matter the Minister deems relevant.
The Minister must annually review the national e-Strategy and where necessary make amendments thereto in consultation with all relevant members of the Cabinet.
No amendmentoradaptation of the national e- Strategy is effective unless approved by the Cabinet.
foster the adoption and use of new technologies for attaining universal access; and stimulate public awareness, understanding and acceptance of the benefits of Internet connectivity and electronic transacting.
The Minister, in developing the national e-Strategy, must provide for.
providing or securing support services for such facilities and infrastructure to assist with the efficient execution of electronic transactions; and rendering assistance and advice to such persons and communities on means to efficiently adopt and utilise electronic transactions.
The Minister, in developing national e-strategy, must provide for ways of promoting human resources development set out inthis section within the context of the Government'sintegrated human resource development strategies, having regard to structures and programmes that have been established under existing laws.
(2)The Minister must consult with the Ministers of Labour and Education on existing facilities, programmes and structures foreducation, training and human resource development in the information technology sector relevant to the objects of this Act.
the management of the.
education on the nature, scope, impact, operation, use and benefits of electronic transactions; and any other matter relevant to electronic transactions as the Minister regards as proper.
facilitatethedevelopment of websites orwebsiteportals that will enable SMMEsto transact electronically and obtain information about markets, products and technical assistance; and facilitate the provision of such professional and expert assistance and advice to SMMEs on means to efficiently adopt and utilise electronic transacting for their development.
(1)The Minister must, subject to the provisions of this Act, formulate electronic transactions policy.
existing laws and their administration in the Republic.
(3)The Minister must publish policy guidelines in the Gazette on such issues as he or she deems relevant to electronic transactions in the Republic.
(4)The Minister may not publish policy guidelines that impose obligations on any person.
(1)Information is not without legal force and effect merely on the grounds that it is wholly or partly in the form of a data message.
Information is not without legal force and effect merely on the grounds that it is not contained in the data message purporting to give rise to such legal forceand effect, but is merely referred to in such data message.
referred to in a way in which a reasonable person would have noticed the reference to and incorporation thereof; and accessible in a formin which it may be read, stored and retrieved by the other party, whether electronically oras acomputerprintout: Provided such information is reasonably capable of being reduced to electronic formby the it.
in the form of a data message; and accessible manner usable subsequent reference.
(1)Where the signatureof a person is required by law, that requirement in relation to a data message is met only if an advanced electronic signatureis used.
Subject to subsection (1) an electronic signature is not without legal force and effect merely on the that it is in electronic form.
having regard to all the relevant circumstances at the time the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated.
(4)Where an advanced electronic signaturehas been used, such signature isregarded as having created a valid electronic signature and to have been applied properly, unless the contrary is proved.
establishing the validity of an advanced electronic signature in any other way; or adducing evidence of the non-validity of an advancedelectronicsignature.
the integrity of the information from the time when it was first generated in its final form as a data message or otherwise has passed assessment in terms of subsection (2): and that information is capable of being displayed or produced to the person to whom it is to be presented.
in the light of the purpose for which the information was generated; and having regard to all other relevant circumstances.
on the mere grounds that it is constituted by a data message; or if it is thebest evidence that the person adducing it could reasonably be expected to obtain, on the grounds that it is not in its original form.
Information in the form of a data message must be given due evidential weight.
the manner in which its originator was identified; and any other relevant factor.
the data message is in the format in which it was generated, sent or received, or in a format which canbe demonstrated to represent accurately the information generated, sent or received; and the origin and destination of that data message and the date and time it was sent or received can be determined.
The obligation to retain information as contemplated in subsection (1) does not extend to any information the sole purpose of which is to enable the message to be sent or received.
theaddition of any endorsement; or any immaterial change, which arises in the normal course of communication, storage or display.
Where a law requires a signature, statement or document to be notarised, acknowledged, verified, or made under oath, that requirement is met if the advanced electronic signature of the person authorised to perform those acts is attached to, incorporated in or logically associated with the electronic signature or data message.
(2)Where a law requires or permits a person to provide a certified copy of a document and the document exists in electronic form, that requirement is met if the person provides a print-out certified to be a true reproduction of the document or information.
A requirement under a law for multiple copies of a document to be submitted to a single addressee at the same time, is satisfied by the submission of a single data message that is capable of being reproduced by that addressee.
Anexpression in a law, whether used as a nounorverb, including the terms "document","record","file","submit","lodge","deliver","issue","publish", "write in", "print" or words or expressions of similar effect must, be interpreted so as to include or permit such form, format or action in relation to a data message unless otherwise provided for in this Act.
ThisAct does not limit the operation of any law that expressly authorizes, prohibits or regulates the use of data messages, including any requirement by or under a law for information to be posted or displayed in a specified manner, orforany information or document to be transmitted by a specified method.
a party using an electronic agent to form an agreement is, subject to paragraph (d),bound by the terms of that agreement irrespective of whether that person reviewed the actions of the electronic agent or the terms of the agreement.
that person has not used or received any material benefit or value from the performance, if any, received from the other person.
This Part only applies if the parties involved in generating, sending, receiving, storing or otherwise processing data messages have not reached agreement on the issues provided for in that part.
An agreement is not without legal force and effect merely because it was concluded partly or in whole by means of data messages.
(2)An agreement concluded between parties by means of data messages is concluded at the time when and place where the acceptance of the offer was received by the offeror.
must be regarded as having been received by the addressee when the complete data message enters an information system designated or used for that purpose by the addressee and is capable of beingretrievedandprocessed by the addressee; and must be regarded as having been sent from the originator'susual place of business and as having been received at the addressee's usual place of business.
it is in the form of a data message; or it is not evidenced by an electronic signature but by other means from which such person's intent or other statement can be inferred.
a person who had authority to act on behalf of the originator in respect of that data message; or an information system programmed by or on behalf of the originator to operate automatically.
An acknowledgement of receipt of a data message is not necessary to give legal effect to that message.
any communication by the addressee, automated or otherwise; or any conduct of the addressee, sufficient to indicate to the originator that the data message has been received.
make or receive payment in electronic form or by electronic means.
If any other required attributes for data messages or payments.
The Director-General must establish and maintain a register of cryptography providers.
a description of the type of cryptography service or cryptography product being provided; and such other particulars as may be prescribed to adequately identifyand locate the cryptography provider or its products or services.
A cryptography provider is not required to disclose confidential information or trade secrets in respect of its cryptography products or services.
No person may provide cryptography services or cryptography products in the Republic until the particulars referred to in section 30 (2) in respectof that person have been recorded thein register contemplated in section 30 (1).
A cryptography provider must in the prescribed manner furnish the Director-General with the information required and pay the prescribed administrative fee.
to a person who is present in the Republic when that person makes use of the service or product; or to a person who uses the service or product for the purposes of a business carried on in the Republic or from premises in the Republic.
Information contained in the register provided for in section 30 must not be disclosed to any person other than to employees of the Department who are responsible 5 for the keeping of the register.
pursuant to sections 11 and 30 of the Promotion of Access to Information Act, 2000; or for the purposes of any civil proceedings which relateto the provision of 15 cryptography services or cryptography products and to which a cryptography provider is a party.
The provisions of this chapter do not apply to the National Intelligence Agency established in terms of section 3 of the Intelligence Services Act, 1994 (Act No. 38 of 20 1994).
A person who contravenes or fails to comply with a provision of this Chapter is guilty of an offence andliable on conviction to a fine or to imprisonment fora period not exceeding two years.
"accreditation" means a recognition of an authentication product or service by the Authority.
For the purposes of this chapter the Director- General must act as the Authority.
The Authority, after consultation with the Minister, may appoint employees ofthe Department as deputy Authorities and officers.
Subject to section 31(1), a person may without the prior authority of any other person sell or provide authentication products or services in the Republic.
(1)The Authority may accredit authentication products and services in support of advanced electronic signatures.
be made to the Authority in the prescribed manner supported by the prescribed 15 information; and be accompanied by a non-refundable prescribed fee.
(3)A person falsely holding its products or services to be accredited by the Authority is guilty of an offence.
is capable of identifying that user; 25 is created using means that can be maintained under the sole control of that user; and will be linked to the data or data message to which it relates in such a manner that any subsequent change of the data or data message is detectible.
any other relevant factor which may be prescribed.
provide a reasonable level of availability, reliability and correct operation; 45 be reasonably suited to performing their intended functions; and adhere to generallyaccepted security procedures.
GOVERNMENT 1 MARCH 2002 requirements as to adequate certificate suspension and revocation procedures; and requirements as to adequate notification procedures relating to certificate suspension and revocation.
The Authority may impose any conditions orrestrictions necessary when accrediting an authentication product or service.
The Authority may suspend or revoke an accreditation if it is satisfiedthat the authentication service provider has failed or ceases to meet any of the requirements, conditions or restrictions subject to which accreditation was granted under section 39 or recognition given in terms of section 41.
respond to the allegations in writing; and remedy the alleged breach within a time.
An authentication service provider whose products orservices have been accredited in terms of this Chapter may terminate such accreditation at any time, subject to such conditions as may be agreed to at the time of accreditation or thereafter.
The Minister may, by notice in the Gazette and subject to such conditionsas may be determined by him or her, recognise the accreditation or similar recognition granted to any authentication service provider or its authentication productsor services in any foreign jurisdiction.
(2)An authentication service provider falsely holding out its products or services to be accredited by the Minister in terms of subsection (l), is guilty of an offence.
information security requirements or guidelines; and cfl any other relevant matter which it is necessary or expedient to prescribe for the proper implementation of this Chapter.
This Chapter applies only to electronic transactions.
for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer.
or for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.
whereappropriate, the minimum duration of the agreement inthecase of agreements for the supply of products orservicesto be performed on an ongoing basis or recurrently; and the rights of consumers in terms of section 45, where applicable.
to correct any mistakes;and to withdraw from the transaction, before finally placing any order.
If a supplier fails to comply with the provisions of subsection (1) or (2), the consumer may cancel the transaction within 14 days of receiving the goods or services under the transaction.
the consumermust return theperformance of the supplier or, where applicable, cease using the services performed; and the supplier must refund all payment made by the consumer minus the direct cost of returning the goods.
Thesupplier must utilize a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.
The supplier is liable for any damage suffered by a consumer due to a failure by the supplier to comply with subsection (5).
of goods within sevendays afterthedate of the receipt of the goods; or of services within seven days after the dateof the conclusion ofthe agreement.
The only charge that may be levied on the consumer is thedirect cost of returning the goods.
If payment for the goodsor serviceshas been effected prior to a consumer exercising a right referred to in subsection (I), the consumer is entitled to a full refund of such payment which refund must be made within30 days of the date of cancellation.
Thissectionmustnotbeconstrued as prejudicing the rights of a consumer provided for by or under any other law.
with the option to cancel his or her subscription to the mailing list of that person; and with the identifying particulars of the source from which that person obtained the consumer's personal information, on of the consumer.
No agreement is concluded where a consumer has failed to respond to an unsolicited communication.
(1)The supplier must execute the order within 30 days after the day on which the supplier received the order, unless the parties agreed.
(2)Where a supplier has failed to execute the order within 30 days, the consumer may cancel the agreement with seven days written notice.
If a supplier is unable to perform in terms of the agreement on the grounds that the goods or services ordered are unavailable, the supplier must notify the consumer of this fact and refund any payments the consumer has made within 30 days after the date of such notification.
The protection provided to consumers under this Chapter, applies irrespective of the legal system applicable to the agreement in question.
Any provision in an agreement which excludes any rights provided for in this Chapter is null and void.
A consumer may lodge a complaint with the Consumer Affairs Committee in respect of any non-compliance with the provisions of this Chapter by a supplier.
This Chapter onlyapplies to personal information that has beenobtained through electronic transactions.
A data controller may voluntarily subscribe to the principles outlined in section 51 recordingby such in any with data fact agreement a subject.
(3)A data controller must subscribe to all the principles outlined in section 5 1 and not merely to parts thereof.
The rights and obligations of the parties in respect of the breach of the principles outlined in section 52 are governed by the terms of any agreement between them.
(1)A data controller must have the express written permission of the data subject for the collection, collation, processing or disclosure of any personal information on that data subject unless he or she is permitted or required to do so by law.
(2)A data controller may not electronically request, collect, collate, process or store personal information on a data subject which is not necessary for the lawful purpose for which the personal information is required.
(3)The data controller must disclose in writing to the data subject the specific purpose for which any personal information is being requested, collected, collated, processed, or stored.
The data controller may not use the personal information for any other purpose than the disclosed purpose without the express written permission of the data subject, unless he or she is permitted or required to do so by law.
(5)The data controller must, for as long as the personal information is used and for a period of at least one year thereafter, keep a record of the personal information and specific purpose for which the personal was information collected.
(6)A data controller may not disclose any of the personal information held by it to a third party, unless required or permitted by law or specifically authorized to do so in writing by the data subject.
The data controller must, for as long as the personal information is used and for a period of at least one year thereafter, keep a record of any third party to whom the personal information was disclosed, the date on which and the purpose for which it was disclosed.
The data controller must delete or destroy all personal information which has become obsolete.
A party controlling personal information may use that personal information to compile profiles for statistical purposes and may freely trade with such profiles and statistical data, provided that the profiles or statistical data cannot be linked to any specific data subject by a third party.
The provisions of this Chapter must only apply to a critical database administrator and critical databases or parts thereof.
procedures to be followed registration; and for any other matter relating to registration.
disaster recovery plans intheevent of loss of critical databasesor parts thereof; and any other matter required forthe adequate protection, management and control of critical databases.
the security of such databases; or the physical safety of a person in control of the critical database.
This Chapter must not be construedso as to prejudice the rightof a public body to perform any function authorised in terms of any other law.
(1)Information contained in the register provided for in section 55 must not be disclosed to any person other than to employees of the Department who are responsible keeping the for of the register.
pursuant to sections 11and 30 of the Promotion of Access to Information Act, 2000; or for the purposes of any civil proceedings which relate to the critical data or parts thereof.
(2)The audit may be performed either by cyber inspectors or an independent auditor.
the finding of the report; audit the action required to remedy the non-compliance; and the period within which the remedial action must be performed.
A critical database administrator that fails to take the remedial action within he period stated in the noticeis guilty of an offence.
A juristic person to be known as the za domain authority is hereby established for the purpose of assuming responsibility for the. za domain name space as from a date determined by the Minister by notice in the Gazette.
(1)The Minister must, within 12 months of the date of commencement of this Act, takeallsteps necessary for theincorporation of theAuthority as a company contemplated in section 21(1) of the Companies Act, 1973 (ActNo. 61 of 1973).
Despite the provisions of the Companies Act, 1973, the State will be the only member and shareholder of the Agency upon its incorporation and at any time thereafter.
The State's rights as member and shareholder of the Agency must be exercised by the Minister.
The memorandum of association and articles of association of the Agency must be consistent with this Chapter.
Notwithstanding the Companies Act, 1973, an amendment to the memorandum of association or articles of association affecting any arrangement made by any provision of this Chapter, does not have any legal forceand effect unless the Minister has consented in writing to such an amendment.
No feeispayablein terms of the Companies Act, 1973, in respect of the reservation of the name of the company, the registration of the said memorandum and articles and the issue of the certificate to commence business.
vary or set aside any decision made under any delegation or in terms of any assignment.
The Authority is managed and controlled by a Board of Directors consisting of no fewer than eight, and no more than 16persons, appointed by the Minister.
(a)The Minister must, by notice in theGazette and in two newspapers which have general circulation throughout the Republic, invite the stakeholders mentioned in paragraph (b) to nominate two persons to serve as directors on the Board of the Authority and one person to act as an alternate director to the Board.
Directorsmustbe personswhoare committed to fairness, openness and accountability and to the objects of this Act.
other than those nominated, if a sufficient number of persons who meet the criteria are not nominated; or if there are insufficient nominations lodged within the period specified in the notice.
the procedures €or the replacement of such directors.
(b)The matters determined by the Minister in termsof paragraph (a)(i)and (ii) must be contained in the letter of appointment to be handed to each director on appointment.
The Minister must by notice in the Gazettepublish the matters determined in terms of paragraph (a)(iii).
All directors serve in a part-time non-executive capacity.
8 is disqualified from being appointed as a director of a company in the Republic.
(2)A person who is subject to a disqualification contemplated in this section may be nominated for appointment, and may be appointed as a director of the Board, if, at the time of such appointment he or she is no longer subject to that disqualification.
The Minister must, in consultation with the Minister of Finance, determine the remuneration and allowances of directors and alternate directors of the Board.
(2)Persons referred to in subsection (1) who are in the service of the State may not receive additional remuneration or allowances for serving on the Board, but may be reimbursed for expenses incurred in the performance of their functions in serving on the Board.
The directors must administer the Authority in accordance with its functions in terms of this Act and have the powers and duties normally accorded to a board of directors in terms of the Companies Act, 1973.
The chief executive officer of the Authority appointed by the Board must perform any work incidental to the functions of the Authority.
The chief executive officer must be assisted by staff appointed by the Board.
The Board must determine the conditions of service, remuneration and service benefits of the chief executive officer and the staff.
If the chief executive officer is for any reason unable to perform his or her functions, the Board may designate a person in the service of the Authority to act as the acting chief executive officer until the chief executive officer is able to resume office.
Part 3.
No person may update a repository or administer a sub-domain unless such person is licensed to do so by the Authority.
(2)An application to be licensed as a registrar or registry must be made in the prescribed manner and subject to the prescribed fees.
The Authority must apply the prescribed conditions and criteria when evaluating an application referred to in subsection (2).
The Authority must- 45 administer and manage the.
comply with the requirements for administration of the.
the maintenance ofand public access to a repository, with due regard to the policy directives which the Minister may make from time to time by notice in theGazette.
The Authority must enhance public awareness on the economic and commercial benefits of domain name registration.
may, from time to time, issue information on the registration of domain names in the Republic.
(4)The Authority may, and must when so requested by the Minister, make recommendations to the Minister in relation topolicy on any matter relating to the.
The Authority must continually evaluate the effectivenessof this Act and things done in terms thereof towards the management of the. za domain name space.
liaise, consult and co-operate with any person or other authority; and appoint experts and other consultants on such conditions as the Authority may determine.
The Authority must respect and uphold the vested rights and interests of parties that were actively involved in the management and administration of the.
after the expiry of the six month period, such parties must duly apply to be licensed registrars and registries as provided for inthis Part.
Act, 1990 (ActNo. 94 of 1990), or a mutual bank established under the Mutual Banks Act, 1993 (ActNo. 124 of 1993).
The financial year of the Authority begins on 1 July and ends on 30 June of the following year.
proper record of all the financial transactions, assets and liabilities of the Authority are kept; and as soon as possible, but not later than three months after the end of a financial year, accounts reflecting the income and expenditure of the Authority and a balance sheet of the assets and liabilities of the Authority asat the end of that financialyearare prepared and submittedtotheBoard and Minister.
money received by way of grant, contribution, donation or inheritance from any source inside or outside the Republic.
(5)The funds of the Authority, must be utilised to meet the expenditure incurred by the Authority in connection with its functioning, business and operations in terms of this Act.
(4), that has been approved by the Minister.
(b)Money received by way of grant, contribution, donation or inheritance in terms of subsection (4)(g), must be utilised in accordance with any conditions imposed by the grantor, contributor, donor or testator concerned.
(a)The Board must in each financial year, at a time determined by the Minister, submit to the Minister for approval a of the Authority's estimated income and statement expenditure for the next financial year.
(b)TheBoard may at any time during the course of a financial year, submit a supplementary statement of estimated income and expenditure of the Authority for that financial year, to the Minister for approval.
The Minister may grant the approvalof the statement referred to in paragraph(a), with the agreement of the Minister of Finance.
The Authority may not incur any expenditure in excess of the total amount approved under paragraph (c).
(8)The Board may establish a reserve fund for any purpose that is connected with the Authority's functions under this Act and has been approved by the Minster, and may allocate to the reserve fund the money thatmay be made available for the purposes in the statement of estimated income and expenditure or supplementary statement contern- plated in subsection (7).
To the extent that the Authority is provided with start-up capital by the State, the Authority may, at the election of the Minister of Finance, be made subject to the Public Finance Management Act, (Act No. 1 of 1999),until such time as the Authority, to the satisfaction of the Minister of Finance, becomes self sustaining through the alternative sources of revenue provided for in subsection(4).
As soon as practicable after the end of every financial year, the Board mustsubmit a report on its activities during that year to the Minister.
procedures for ensuring monitoring of compliance with the provisions of this Act and the regulations provided for in this Chapter, including regular.
such other matters relating to the. za domain name space as it may be necessary to prescribe to achieve the objectives of this Chapter; and policy to be applied by the Authority.
(1)The Minister, in consultation with the Minister for Trade and Industry, must make regulations for an alternative mechanism for the resolution of disputes in respect of the. za domain name space.
The regulations must be made with due regard to existing international precedent.
the limitation of liability of registrars and registries for implementing a determination; and the enforcement and publication of determinations.
In this Chapter, "service provider" means any person providing information system services.
The Minister may, on application by an.
the code of conduct requires continued adherence to adequate standards of conduct; and id the representative body is capable of monitoring and enforcing its code of conduct adequately.
the service provider is a member of the representative body referred to in section 75; and the service provider has adopted and implemented the official code of conduct of that representative body.
cj performs the functions in an automatic, technical manner without selection of the data; and does not modify the data contained in the transmission.
in a manner that makes it ordinarily inaccessible toanyoneother than anticipated recipients; and for a period no longer than is reasonably necessary for the transmission.
Notwithstanding this section, a competent court may order a service provider to terminate or prevent unlawful activity in terms of any other law.
does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain information on the use of the data; and removes or disables access to the data ithas stored upon receiving a take-down notice referred to in section 81.
upon receipt of a take down notification referred to in section 81, acts expeditiously to remove or to disable access to the data.
(2)The limitations on liability established by this section do not apply to a service provider unless it has designated an agent to receive notifications of infringement and has provided through its services, including on its web sites in locations accessible to the public, the name, address, phone number and e-mail address of the agent.
Notwithstanding this section, a competentcourt may order a service provider to terminate or prevent unlawful activity in terms of any other law.
Subsection (1) does not apply when the recipientof the service is acting under the authority or the control of the service provider.
does not receive a financial benefit directly attributable to the infringing activity; and removes, or disables access to, the reference or link to the data message or activity within a reasonable time after being informed that the data message or the activity relating to such data message, infringes the rights of a person.
notification is to his or her knowledge true and correct; and an undertaking given by the complainant to indemnify the service provider from any liability incurred as a result of remedial action taken by it in complying with the notification.
No general obligation to monitor monitor the data which transmits or stores; or it actively seek facts or circumstances indicating an unlawful activity.
informthecompetent public authorities of alleged illegal activities under-taken or information provided by recipients of their service; and to communicate tothecompetentauthorities, at their request, information enabling the identification of recipients of their service.
obligation an theobligation of aservice provider as such under alicensing or other regulatory regime established by or under any law; or any obligation imposed by law or by a court to remove, block or deny access to any data message.
(1)The Director-General may appoint any employee of the Department as a cyber inspectorempowered to perform the functions provided for in this Chapter.
A cyber inspector mustbe provided with a certificate of appointment signed by or on behalf of the Director-General in which it is stated or evidenced that he or she has been appointed as a cyber inspector.
A certificate provided for in subsection (2) may be in the form of an advanced electronic signature.
is subject to an investigation or an employee of that person; or requests to see the certificate.
hinders or obstructs a cyber inspector intheperformance of his or her functions in terms of this Chapter; or falsely holds himself or herself out as a cyber inspector, is guilty of an offence.
investigate the activities of a cryptography service provider in relation to its compliance or non- compliance with the provisionsof this Act; and issue an order in writing to a cryptography service provider to comply with the provisions of this Act.
in respect of a critical database administrator, perform an audit as provided for in section 58.
the Department may authorize such assistance on certain conditions.
require the person by whom or on whose behalf the cyber inspector has reasonable cause to suspect the computer or information system is or been has used, or require any person in control of, or otherwise involved with the operation of the computer or information system to provide him or her with such reasonable technical and other assistance as he or she may require for the purposes of this Chapter; or make such inquiries as may be necessary to ascertain whether the provisions of this Act or any other law on which an investigation is based, have been complied with.
A person who refuses to co-operate or hinders a person conducting a lawful search and seizure in terms of this section is guilty of an offence.
Any court may, upon a request from a cyber- inspector but subject to the provisions of section 25 of the Criminal Procedure Act, 1977(Act No. 51 of 1977),issue a warrant required by a cyber inspector in terms of this Chapter.
present in the Republic at the time when the warrant is applied for; or information pertinent to the investigation is accessible from within the area of jurisdiction of the court.
identify the premises or information system that may be entered and searched; and specify which acts may be performed thereunder by the cyber inspector to whom it is issued.
the purpose for issuing it has lapsed; or the expiry of one month from the date it was issued.
(5)A warrant to enter and search premises may be executed only during the day, unless the judge or magistrate, who issued it, authorises that it may be executed at any other time.
Except for the purpose of this Act or for the prosecution of an offence or pursuant to an order of court, a person who has, pursuant to any powers conferred under this Chapter, obtained access to any information must not disclose such information to any other person.
Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.
In this Chapter, unless the context indicates otherwise- "access" includes the actions of a person who, after takingnote of any data, becomes aware of the fact that he or she is not authorised to access that data and still continues to access that data.
Subject to the hterception and Monitoring Prohibition Act, 1992 (ActNo. 127 of 1992), a person who intentionally accessesor intercepts any data without authority or permission to do so, is guilty of an offence.
A person who intentionally and without authority to do so, interferes with data in a waywhich causes such data to bemodified, destroyedorotherwiserendered ineffective, is guilty of an offence.
A person who unlawfully produces, sells, offers to sell, procures for use, designs, adapts for use, distributes or possesses any device, including a computer program, which isdesigned primarily to overcome security measures for the protection of data, or performs any of these acts with regard to a password, access code or any other similar kind of data with the intent to unlawfully utilize such item to contravenethis section, is offence.
A person who commits any action described in this section with the intent to unlawfully interfere with access to an information system so as to constitute a denial, including a partial denial, of service to legitimate users is guilty of an offence.
A person who performs or threatens to perform any of the acts described in section90,for the purpose of obtaining any unlawful proprietary advantage by undertaking to cease ordesist from such action, orby undertaking to restore any damage caused as a result of those actions, is guilty of an offence.
A person who performs any of the acts describedin section 90 for the purposeof obtaining any unlawful advantage by causing fake data to be produced with the intent that it be considered or acted upon as if it were authentic, is guilty of an offence.
(1)A person who attempts to commit any of the offences referred to in sections 90 and 91 is guilty of an offence and is liable on conviction, to the penalties set out in section 93.
Any person who aids and abets someone to commit any of the offences referredto in sections 90 and 91 is guilty of an offence and is liable on convictionto the penalties set out in section 93.
A person convicted of an offence referred to in sections 33(2), 41(2), 59(2), 84(5) or section 90(1), (2) or (3) is liable to a fine or imprisonment for a period not exceeding 12 months.
A person convicted of an offence referred to in section 90(4) or (5)or Section 92(1) or (2)is liable to a fine or imprisonment for a period not exceeding five years.
The Criminal Procedure Act, 1977 Act No. 51 of19771, applies with the necessarychanges to searches seizuresterms of this Act.
The overall objective of the Bill is to enable and facilitate electronic transactions by creating legal certainty around transactions and communications conducted electroni- cally.
promoting public confidence and trust in electronic transactions; and providing supervision of certain service providers.
Effective management of Internet-related issues-establishment of a proper management regime with regard to domain names in the Republic and the limitation of liability of Internet Service Providers.
Chapter I: Interpretation, Objects and Application lks part of the Act defines critical words and phrases of and sets out the main objects the Act.
The objective is to maximize the benefits the Internet offers by promoting universal and affordable access by all to its possible applications, with a view to bridging the digital divide. The Act requires the development of a national e-Strategy plan by the Minister, in consultation with members of Cabinet. The national e-Strategy plan must includedetailed plans and programmes toaddressthedevelopment of anational e-transactions strategy, the promotion of universalaccessande-readiness, SMMEs development, empowerment of previously disadvantaged persons and communities, human resource development, contain definable objects and timeframes.
This Chapter deals with the removal of legal barriers to electronic transacting. Part1 provides for the legal recognition to data messages and records. Provision is made for the legal recognition of electronic signatures and "advanced electronic signatures"as a secure form of electronic signing. Electronic data will, subject to certain conditions, be permitted to be retained for statutory record retention purposes; regarded as "writing" atruecopy of an "original"record, andprovision is madeforsecuringproper evidentiary weight of electronic evidence.
Part 2 deals with the rights and obligations that follow from the communication of data messages, namely contract formation, the time and place of sending and receiving data messages, as well as the time and place where a contract is deemed to have been formed by means of data messages. The Act also provides for the validity of sending notices and other expressions of intent through data messages.
This Chapter facilitates electronic filing. It lists the requirements for the production of electronic documents and the integrity of information. Provision is made for a Department or Ministry to accept and transmit documents in the form of electronic data messages, to issue permits or licences in the form of a data message or make or receive payment in electronic form.
The Internet presents security challenges which, without an effective regulatory framework, would pose a threat to the security of consumers and the State. This Chapter requires the suppliers of cryptography materials to register in the prescribed manner their names and addresses, the names of their products and a brief description thereof maintained by the Department of Communications. This will allow investigative authorities such as the SAPS, to identify which organisations provide the encryption technologies, intercepted by them in terms of our monitoring and interception laws. This will enable the investigative authorities to approach these service providers to assist with deciphering the encrypted messages.
Identification and authentication of the parties in cyberspace remains a challengeand poses threats to consumers and businesses. The Bill seeks to provideforthe establishment of an Accreditation Authority within the Department, allowing voluntary accreditation of electronic signature technologies in accordancewithminimum standards. Once accredited, these "advanced" electronic signatures will allow a party to rely on their authenticity.
Vendors must provide consumers with a minimum set of information, including the price of the product or service, contact details and the right to withdraw from an electronic transaction before its completion. Consumers are also entitled, under certain circumstances, to a cooling off' period within which they may cancel certain types of transactions concluded electronically without incumng any penalty. Consumers also have the right not to be bound to unsolicited communications (spam) offering goods or services. The Bill also seeks to place the responsibility on businesses trading on-line to make use of sufficiently secure payment systems.
This Chapter establishes a voluntary regime for protection of personal information. Personal information includes any information capable of identifying an individual. Collectors of personal information (data collectors) may subscribe to a set of universally accepted data protection principles. It is envisaged that consumers will prefer to deal with only those data collectors that have subscribed to the recorded data protection principles. The sanction for breach of these provisions is left to the parties themselves to agree on. Subscription to these principles is voluntary due to the fact that the South African Law Commission is currently developing specific data protection or privacy legislation which is expected to be enacted within 24 months.
Interms of its definition, critical data is information which, if compromised, may pose a risk to the national security of the Republic or to the economic or social well being Of its citizens. The Minister may prescribe matters relating to the registration Of Critical databases and require certain procedures and technological methods to be used in their storage and archiving.
A section 21 company will be established, or an existing one approved, to manage the domain name space of the Republic. Its membership and governance structures must be representative of the general South African society, Government and other stakeholders. The objects, powers and functions of the Authority are provided for in the Bill. Provision is also made for disputes involving domain names to be settled by means of alternative dispute resolution methods. The Minister is empowered to formulate national policy on the. za domain name space.
Chapter XI deals with the limitation of the liability of service providers or so-called "intermediaries" and creates a safe harbour for service providers who are currently exposed to a wide variety of potential liability by virtue of merely fulfilling their basic technical functions. The service providers may seek to limit their liability where they have acted as mere conduits for the transmission of data messages. In each situation the Bill seeks to provide for specific requirements that the actions of the service providers must meet before the clause may be invoked to limit his or her liability.
Chapter XI1 of the Bill seeks to provide for the Department of Communications to appoint cyber inspectors. The cyber inspectors may monitor Internet websites in the public domain and investigate whether cryptography service providers and authentica- tion service providers comply with the relevant provisions. The inspectors are granted powers of search and seizure, subject to obtaining a warrant. Inspectors can also assist the police or other investigative bodies, on request.
Chapter XI11 of the Bill seeks to make the first statutory provisions on cyber crime in South African jurisprudence.
fraud; and forgery.
Any person aiding or abetting another in the performance of any of these crimes will be guilty as an accessory. The Bill seeks to prescribe the penalties for those convicted of offences.
The Bill will lead to new responsibilities for the Department of Communications and to the development of new infrastructure and systems. Consequently increased financial resources are needed. It will be necessary to equip the required personnel with new skills and proper training especially for technical staff, enabling them to perform the tasks stipulated in the Bill, such as the development and implementation of a National e-Strategy plan.
It is anticipated that the Bill will result in changes to certain laws, which may require a review of laws by other Departments. However, the Bill does not oblige Government departments to accept or issue documents in electronic form. It merely permits departments to do so. In some instances, such as the establishment of Cyber Inspectors, the Accreditation Authority and Cryptography, the Department will requirere-organisation and restructuring. This would have definite financial implications for the State. However, the Bill will probably effect an increase in the revenue collected by the Department in the form of fees payable for the accreditation of authentication service providers.
The development of the Bill arose out of a lengthy policy- formulationprocess resulting in a Discussion Paper and Green Paper on Electronic Commerce. This process included extensive consultations with Government departments and other stakeholders across the spectrum. Following the conclusion of this consultative process, a legal team comprising of consultants, legal practitioners and academics was appointed. This team, together with officials of the Department, and in consultation with other departments, developed the Bill.
An Interdepartmental Workshop to discuss first draft of the Bill was held on 8 May 2001.
o Department of Labour.
The Department of communications and the State Law Advisers are of the opinion that the Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution of the Republic since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
<fn>GOV-ZA.23218En.2012-02-10.en.txt</fn>
STAATSKOERANT, 11 MAART 2002 No.
Constitution of the Republic of South Africa Second Amendment Bill, 2002, in the National Assembly.
Constitution of the Republic of South Africa, 1996 (Act 108 of 1996). Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister for Justice and Constitutional Development. Comments should kindly be directed to the attention of Mr J A de Lange, Private Bag X 81, Pretoria 0001, by not later than 12April 2002.
(Electronic mail address: DelangeJQjustice.gov.
To amend the Constitution of the Republicof South Africa, 1996, in order to enable a memberof a Municipal Council to become a memberof another party whilst retaining membership an of that Council; to enable existing party to merge with another party, orto subdivide into more than one party, orto subdivide and any oneof the subdivisions to merge with another party, whilst allowing a member of a Council affected by such changes to retain membership of that Council; and to provide for matters connected therewith.
Amendment of section 157 of Act 108 of 1996, as amended by section 2 of Act 87 of 1998 1.
by the substitution for subsection (3) of the following subsection: "(3) An electoral system in terms of subsection (2)must [ensure that the total numberof members elected from each party reflects the total proportionof the votes recorded for those parties]result, in general, in proportional representation.".
Insertion of section 158A in Act 108 of 1996 2.
158A. (1) A councillor who, other than in accordance with subsection(2),(3) or (4),ceases to be a memberof the partywhch nominated that councillor as a member of theMunicipalCouncilconcerned, ceases to be a member of that Municiual Council.
The seat held to the other party by a councillor referredto in paragraph (a) must be regarded as having been allocated of whch that councillor has become a member.
did not use on the partof the ballot paper for wards theSame distinguishing mark or symbolas a party which contested the election and, after the expiry of 12 months from the date of the previous election of all Municipal Councils, becomes a member of such a party.
that councillor if such councillor has not joined another party.
subdivide into more than one party or subdivide and any one subdivision may merge with another party, if the members leaving the original party represents not less than 10 per cent of the total number of seats held by the original party in respect of that Council.
If a party merges with another party or subdivides into more than one party or subdivides and merges with another partyin terms of paragraph (a), the councillors concerned remain members seats held by them must of that Municipal Council and the be regarded as having been allocated to the other party whch they represent.
in the years there after,^ it shall only apply for the periods of the first to the fifteenth day of February and the first to the fifteenth day of September of each year, but it shall not apply if such a period falls within 12 months of the date when the next election of all municipal councils must be held.
During a period referred to in paragraph (a), no party represented in a Municipal Council may suspend or terminate the party membership of a councillor representing that party or perform any act whatsoever which may cause such a councillor to be disqualified from holding office as such a councillor or change such councillor's positionon a party list relating to the said Municipal Council, without the written consent of the councillor concerned.
the composition of a Municipal Council reflected in a notice referred to in paragraph (b)(i) and (ii) shall be maintained until the next election of all Municipal Councils or until the composition of that Municipal Council is again reconstituted in accordance with subsection (2), (3) or (4) or until a by-election is held in that Municipal Council.
Vacancies in a Municipal Council must be filled in terms of national legislation.
This Act is called the Constitution of the Republic of South Africa Amendment Act,2002.
1.1 On 13 November 2001 the National Assembly gave permission to the Assembly's Portfolio Committee on Justice and Constitutional Development to proceed with the consideration of the Loss or Retention of Membership of National and Provincial Legislatures Bill, 2001 (the Membership Bill).
an existing party may merge with another party; and a party may subdivide into more than one party.
1.3 This mechanism is sought to be created by way of amendments to items 23 and 23A of Schedule 2 to the (interim) Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).
1.4 However, at present the Constitution does not provide for similar changes of party membership, mergers between parties or subdivision of parties in the context of local government.
The provisions of the Bill are largely based on the principles contained in the Membership Bill.
Changes of party membership will only be allowed after the expiry of 12 months after the date of the previous election of all Municipal Councils.
Similarly, such changes will not be allowed during the 12 months preceding the date of the next election of all Municipal Councils.
A further requirementis added, namely that a change of party membership will only be allowed if the members wishing to leave a party represent not less than 10 per cent of the seats held by the party concerned. (New section 158A(2).
Similarly, mergers between or subdivisions of political parties will only be allowed after the expiry of 12 months after the date of the previous election of all Municipal Councils, and will not be allowed during the 12 months precedingthe date of the next election of all Municipal Councils..
In respect of subdivisions the further requirement is also added that the members leaving the original party must represent not less than 10 per cent of the seats held by the party concerned. (New section 158A(4).
All of the above steps may only take place during limited periodsas determined by the Bill.
In the year 2002, such periods will be during the first fifteen days following thecommencement of section 158A, and again from the first to the fifteenth day of September.
In the years thereafter, such periods will last from the first to the fifteenth day of February, and from the first to the fifteenth day of September, of each year. (New section 158A(5).
suspend or terminate the party membership of a councillor representing that party; or perform any act whatsoever which may cause such a councillor to be disqualified from holding office as such a councillor or change such councillor's position on a party list relating to the said Municipal Council.
a party may mergehubdivide only once.
STAATSKOERANT, 11 MAART 2002 No. 23218 7 3.
Republic of South Africa, 1996, in order to further regulate the allocation of delegates to the National Council of Provinces; and to provide for matters connected therewith.
Amendment of section 61 of Act 108 of 1996 1.
(a)] determine, in accordance with national legislation, how many of each party's delegates are to be permanent delegatesand how many are to be special delegates[;], and [(b)] appoint the permanent delegates in accordance with the nominations of the parties.
This Act is called the Constitution of the Republic of South Africa Second Amendment Act, 2002.
1.1 On 13 November 2001 the National Assembly gave permission to the Assembly's Portfolio Committee on Justice and Constitutional Development to proceed with the consideration of the Loss or Retention of Membership of Narional and Provincial Legislatures Bill, 2001 (the Membership Bill). The draft Membership Billwas published by the Portfolio Committee -in Government Gazette No 22835 of 16 November 2001 for public comment.
an existing party may merge with another party; and a party may subdivide into more than one party. This mechanism is sought to be created by way of amendments to items 23 and 23A of Schedule 2 to the (interim) Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993). The said item 23A specifically authorises Parliament to amend items 23 and 23A by an Act of Parliament, passed in accordance with the provisions of section 76(1) of the (new) Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996) (the Constitution), in order to achieve the above objectives.
2.2 The provisions of the Membership Bill may lead to significant changes of party representation in a provincial legislature, which may, in turn, necessitate the redetermination of the composition of that legislature's delegation in the National Council of Provinces. As such changes would not result from an election, there is no mechanism in terms of which such a redetermination can take place. The Constitution of the Republic of South Africa Second Amendment Bill, 200 1, aims to amend the Constitution in order to provide that, after the composition of a provincial legislature had been changed in accordance with national legislation (the Membership Bill), that legislature must determine the number of delegates of each party to the National Council of Provinces.
determine, in accordance with national legislation, how many of each party's delegates are to be permanent delegatesand how many are to be special delegates; and appoint the permanent delegates in accordance with the nominations of the parties.
The State Law Advisers and the Department of Justice and Constitutional Development are of the opinion that the proposed amendments fall within the ambit of section 74(3)(b) of the Constitution and consequently require the approval of both the National Assembly and the National Council of Provinces.
<fn>GOV-ZA.23233En.2012-02-10.en.txt</fn>
I, FholisaniSydney Mufmadi, Minister for Provincial and LocalGovernment, interms of section 154 of the Constitution, hereby publish the Local Government Laws Amendment Bill, 2002, for public comment.
Comments may also be faxed to facsimile number (012)323 3349 at the above address.
Words underlined with a solid line indicate insertion'sin existing enactments.
To amend the Organised Local Government Act, 1,997, so as to dispense with the requirement that all categories of municipalities must be represented in a provincial organisation foritto be recognised interms of that Act; to amend the Remuneration of Public Office Bearers Act 1998, so as to effect a technical amendment, and to validate the determination and payment of salaries and allowances of members of MunicipalCouncils in the Provinces of Gauteng and the Western Cape for the 1998/1999 municipalfinancial year; to amend the Local Government: Municipal Demarcation Act, 1998, so as to effecttechnicalcorrections; toprovidefor additional functions of theDemarcation Board; to provide for a smaller Demarcation Board; to expressly provide for the Minister's roleinthe appointment of members of the Demarcation Board; to provide for a less onerous procedure for redetermination of aboundary where the MEC andtheaffected municipalities agree to a redetermination; to make express provision for the publication of the Demarcation Board's decision where an objection was considered; to reduce the periodin which the ElectoralCommissionmust make known its views on whenaboundary determination takes effect, and to further regulate that process; to make provision for the powers of the Demarcation Board or an investigating committee to collect evidence; to provide for additional powers for the Minister to make regulations; to amend the Local Government: Municipal Structures Act, 1998, so as to amend the Afrikaanstext in order to bringitinlinewith theamendmentseffected to the English text by the Local Government: Municipal Electoral Act, 2000 and the Local Government: Municipal Structures Amendment Act, 2000; to make provision for an acting mayor and an acting executive mayor where a particular municipality does not have a deputy mayor or a deputy executive a mayor, respectively; to provide for new method of allocating seats on a metropolitan subcouncil to councillors elected on a party vote; to provide for the payment of out of pocket expenses to traditional leaders who participate in the proceedings of municipal councils; to authorise the Minister to regulate the consequencesof a revocation of an authorisation in terms ofsection 84(3) of the Local Government: Municipal Structures Act; to amend section 10G of theLocalGovernmentTransition Act, 1993, to comply withthe Constitution; to provide for uncontested ward elections; to provide for the election of office bearers of a municipality to be determined by lot iftwo candidates receive the same number of votes; to amend the Local Government: Municipal SystemsAct, 2000, so as to prohibit a councillor from being appointed as an employee of the municipality concerned; to provide for a general power to levy and recover fees, chargesandtariffs; to further regulate the charging of intereston arrears; to provide for legal representation of employees of a municipality; to further regulate clearance certificates for the transfer of property; to amend the Local Government: Municipal Structures Amendment Act,2000, in order to repeal outdated provisions; and to provide for matters connected therewith.
Amendment of section2 of Act52 of 1997 1. Section 2 oftheOrganisedLocalGovemment'Act,1997(Act No.52 of1997),is hereby amendedby the deletionof the proviso to paragraph (b)of subsection (1).
Amendment of section 7 of Act 20 of 1998, as amended by section 3 of Act 21 of 2000 2. Section7 of theRemuneration of PublicOfficeBearersAct,1998(Act No.
shall be deemed to have been validly determined andRaid under this Act.
Amendment of section 1 of Act 27 of 1998 3.
Substitution of section 4 of Act 27 of 1998 4.
Amendment of section 5 of Act 27 of 1998 5.
committees, withfacilitiesavailable to that municipality, includinq for the holding of meetings.
Amendment of section6 of Act 27 of 1998 6.
"(I) TheBoardconsists of no fewer than [seven] three andnomorethan [I51 10 members appointed by the President in accordance with section8.".
Amendment of section 8 of Act 27 of 1998 7.
by the substitution for subsection (7) of the following subsection: "(7) The President must, on.the advice of the Minister, make the required number of appointments from the list.".
Amendment of section 21 of Act 27 of 1998 Section 21 of the Demarcation Actis hereby amended-by the addition to subsection(2) of the.following proviso: Provided that subsections(4, and (5).
Substitution of section 22 of Act 27 of 1998 9.
; and l2 The Minister mav. after consultation with the MEC's for local aovernment and the Board, determine priorities and reasonable time-frames for demarcation.
Amendment of section 23 of Act27 of 1998 10.
TheElectoralCommission, within the particulars referredto in subsection (I), must makeknownitsviewas envisaged in subsection (2) by notice in the relevant Provincial Gazette, and send a CODV of the notice to the Board andthe MEC for local aovernment in the province concerned.
Amendment ofsection 41 of Act 27 of 1998 12. Section 41 oftheDemarcationActisherebyamendedby the insertion after paragraph (a) of the following paragraph: !
Amendment of preambleto Act 117 of 1998 13.
Amendment of section 1 of Act 117 of 1998, as amended by section 93 of Act 27 of 2000 14.
Amendment of section 12 of Act 117 of 1998, as amended by section 93 of Act 27 of 2000 and sectionIof Act 33 of 2000 15.
Amendment of section 24 of Act 117 of 1998, as amended by section 5 of Act 58 of 1999 and section93 of Act 27 of 2000 17.
Amendment of section 25 ofAct 117 of 1998, as amended by section 93of Act 27 of 2000 18.
Amendment of section 37 of Act 117 of 1998 21.
Amendment of section 49of Act I17 of 1998 22.
Amendment of section 56 of Act 117 of 1998 23.
Substitution of section 63 of Act I17 of 1998 24.
Composition the councillors representing the wards included in the subcouncil area; and an additional number of councillors [determined by the metro council so that the combinedtotal of paragraph (a) and this paragraph is substantially inthe same proportiontothetotal number of councillorsinthecouncil as the number of registered voters in the area of the subcouncil is in proportion to the total number of registered voters in the municipality] allocated in terms of Schedule 4.
consist of councillors elected to the metro council from party lists in accordance with Part 3 of Schedule1; and be appointed to the metropolitan subcouncil in accordance with Schedule 4.
Amendment of section 84 of Act 117 of 1998, as amended by section 6 of Act 33 of 2000 27.
Substitution of section 86 of Act 117 of 1998,as amended by section 8 of Act 33 of 2000 28.
Amendment of section93 of Act 1 17 of 1998,as amended by section 1Iof Act 33 of 2000 29.
(b)section 10G of the Local GovernmentTransitionAct,1993(Act No.
Amendment of item Iof ScheduleIto Act117 of 1998, as amended by section 93of Act 27 of 2000 30.
Uncontested ward elections is deemed to have been elected la) in the case of an election called in terms of section 24(2).
Substitution of itemIOof Schedule 1to Act 117 of 1998, as amended by section 93 of Act 27 of 2000 32.
Substitution of item 15 of Schedule Ito Act 117 of 1998, as amended by section 93 of Act 27 of 2000 34.
Item 18 of Schedule 1 to the Structures Act is hereby amended by the substitution for subitem(1) of the following subitem: "(1) (a2 Ifacouncillorelectedfromaparty list ceases to hold office, the chief electoral officer must, subject to item 20, declare in writing the person whose name is at the top of the applicable party list to be elected in the vacancy. /b) Wheneveracouncillorreferred to in paraaraDh (a) ceases to hold office. the municiDal manaaer concerned must within seven davs after the councillor has ceased to hold office, inform the chief electoral officer thereof.".
(1) A partymaysupplement, change or increase its list at any time, provided that if a councillor elected according to a party list, ceases to hold office, the party concerned may supplement, change or increase its list by not. later than 21 days after the councillor has ceased to hold office. The vacancy must be filled[within] as soon as the party concerned has sumlemented. chanaed or increased its list. but not later than 14 days after expiry of the 21 days' period.
Amendment of item 1of Schedule 2 to Act 117 38.
Substitution of item 4 of Schedule 2 to Act117 of 'l998, as amended by section93of Act 27of 2000 39.
Act 27 of2000 40.
Amendment of item 10 of Schedule 2 to Act 117 of 1998 41.
"(1) (a) If acouncillorelectedfromaparty list ceases to hold office, thechief electoral officer must, subject to item 13, declare in writing the person whose name is at the top of the applicable party list to be elected in the vacancy. /b) Wheneveracouncillorreferred to inDaraaraph (a)ceases to hold office. the municipal manaaer concerned must within seven davs after the councillor has ceased to hold office. inform the chief electoral officer thereof.".
(I) A party may supplement, change or increase its list at any time, provided that if a councillor elected according to a party list, ceases to hold office, the party concerned may supplement, change or increase its list by not later than 21 days after the councillor has ceased to hold office. The vacancy must be filled[within] as soon as the partv concerned has suwlernented. chanaed or increased its list. but not later than 14 days after expiry of the 21 days' period.
"(2) A party or indeDendentward councillor may not submit more than one list."
(c)bythesubstitution in subitem (5) for the expression "councillor" of the expression "independent ward councillor".
Amendment of item 20 of Schedule 2to Act I17 of 1998 45.
"(2) @J If the calculation in subitem (1) givesasurplus, thatsurplusmustcompete with other similar surpluses of any other lists, and any seat or seats not allocated under subitem (I)must be awarded in sequence of the highest surplus. /b) If the surdus for two ormorelists is eaual theseat or seats mustbeawarded in sequence of the hiahest number of votes cast for those lists.".
Amendment of item 23 of Schedule 2 to Act 117 of 1998 46. Item 23 of Schedule 2 to the Structures Act is hereby amended by the substitution in the Afrikaans text for the expression "uiteput"of the expression "uitgeput".
Amendment of item 8 of Schedule 3to Act 117 of 1998 47.
Repeal of item 1of Schedule 4 to Act 117of 1998 48. Item 1 of Schedule 4 to the Structures Act is hereby repealed.
Substitution of item 2 of Schedule 4 to Act 117 of 1998 49.
C represents the total number of seatsallocated to each party in the metro council ir accordance with Part 3 of Schedule 1.
If the fraction for two or more subcouncils is equal, and the number of seats still to be distributed are less than the number of subcouncils to which the equal fractions apply, the Dartv must elect to which of those subcouncils such seats are to be distributed.
Amendment of section 1 of Act 32 of 2000 50.
title and includes-la) the dominion therein. whether in full or diminished form: and b) a unit as defined in section 1 of the Sectional Titles Act. 1986 (Act No.
Amendment of section 9 of Act 32 of 2000 51.
(1) A Cabinet member or Deputy Minister initiating the assignment of a function or a power by way of national legislation to municipalities generally must, before the draft legislation providing for the assignment is introduced in Parliament publish the draft legislation in terms of section 154(2) of the Constitution; and /dl table the draft leaislation at MINMEC for discussion.
publish the draft legislation in terms of section 154(2) of the Constitution; and /d) table the draft leaislation at MINMEC fordiscussion.
Amendment of section 11 of Act 32of 2000 52.
"(4) A decisiontaken by a municipalcounciloranyother political structure orPolitical office bearer of the municipality must be recorded in writing.".
Amendment of section 62of Act 32of 2000 53.
Amendment of section 67 of Act 32of 2000 54.
Insertion of new section after section 75of Act 32of 2000 55.
16) The municiDal manaaershallforthwithsenda CODV of the notice referred to in subsection (4) to the MEC and cause a thereof to be Published in co~v the manner determined bv the council.
Amendment of section 97 of Act 32 of 2000 56.
(3) (a) A municiPalitvmavcharaeinterest on arrears at a rate not exceeding one Percent hiaher than the averaae mime rate of the municbality's bank for the period that such arrears remain unpaid.
Insertion of new section after section 109 of Act 32 of 2000 57.
Substitution of section 11 7 of Act32 of 2000 58.
Exceptwhereotherwiseprovided, allrecordsanddocuments of a municipality are in the custody of the municipal manager, or an official desianated bv the municipal manager.
Substitution of section 118of Act 32 of 2000 59.
In the caseofthetransferof [immovable property] landor of any riaht in land by a trustee of an insolvent estate, the provisions of this section are subject to section89 of the InsolvencyAd, 1936 (Act No.24of 1936).
Amendment of item 14 of Schedule Ito Act 32 of 2000 61.
ACT, 2000 Amendment of section 15 of Act 33 of 2000 62. Section 15 of the Local Government: Municipal Structures Amendment Act, 2000, is hereby amended by the deletion of paragraph (a).
This Act is called the Local Government Law Amendment Act, 2002.
Local Ordinance, OrdinanceGovernment 1939 No.
Local Ordinance, (OrdinanceGovernment 1962 No.
MunicipalOrdinance,1974(Ordinance No.
Local Ordinance, (OrdinanceAuthorities 1974 No.
Municipalities Act, 1979 (Act No.
Black Communities Development Act, 1984 (ActNo.
Thesepaymentsoccurredasaresult of circularsissued by the respective MEC's in contravention of theAct. Thesecircularswerebonafide errors on the part of the provincial governments concerned. The Bill proposes an amendmentto the Remuneration of Public Office Bearers Actso as to validate the circulars and consequently all payments made in terms thereof.
(a)Aanmendment to section is that empower functional boundaries with municipal boundaries.
Anamendmenttosection 6 isproposedthatwouldreduce the number of members of the Demarcation Board. Whilst the Demarcation Board would continue to exist, it is expectedthat it would onlyneedalimitednumber of members to perform its functions. A Board consisting of minimum 3 and maximum 10 members is being proposed.
An amendment to section 23 is proposed to correct the process following the determination of a boundary, and to reduce the time for response by the Electoral Commission. The present wording of section 23(1) does not allow for objections to demarcations to be finalisedbeforetheElectoralCommission is informed of the determination of a boundary.
4.1 Theamendments effected to the Local Government: MunicipalStructuresAct, 1998 (Act No. 117 of 1998), by the Local Government: Municipal Electoral Act,2000 (Act No.27 of 2000), only amended the English text of the Structures Act. In like manner, section8 of the Local Government: Municipal Structures Amendment Act, 2000 (Act No. 33 of 2000), only amended the English text of section 86 of the Structures Act. In order to preserve the integrity of the two texts of the Structures Act, it is proposed that the relevant Afrikaans provisions be amended.
4.4 In order to create anenablingenvironment for traditional leaders to participate in the proceedings of a municipal council as envisaged in section81 of the Structures Act, a policy decision was taken to provide for the payment of out of pocket expenses in respect of such participation. An amendment to the said section 81 is proposed that would make provision for the payment of such expenses.
4.5 An amendment to section84(3) is proposed enabling the Minister to revoke a notice authorising a local municipality to perform certain functions or exercise certain powers of districtmunicipalities. Currently no provision pertainingto the revocation ofsuchnotice exist. An amendment to the Minister's power to amend such a notice is also proposed.
4.7 TheStructuresActdoesnotmakeprovision for uncontested wardelections. An amendment to Schedule1 is proposed that would dispense with the holding of an election where only one candidate has been nominated.
Government Act, 1997.
Chapter 2 of the Bill contains the proposed amendments to the Remuneration of Public Office Bearers Act, 1998.
Municipal Demarcation Act, 1998.
Municipal Structures Act, 1998.
Chapter 7 of the Bill addresses miscellaneous matters.
If theBillisnotpassed thepaymentsmade in terms of thecircularswillhave to be recovered. The exact amounts involved are not known to the Department.
If the Bill ispassed, thesalariesandallowancespaid in accordance withtherelevant circulars to councillors in the Provinces of Gauteng and the Western Cape would not be regarded as unauthorised expenditure.
Relevant municipalities would have to make provision in their budgets for the payment of out of pocket expenses to traditional leaders who participate in the proceedings of their councils.
The Department of Provincial and Local Government is of the opinion that the Bill must be dealt with in accordance with the procedure prescribed-by section75 of the Constitution.
The Bill does not fall within a functional area listed. in Schedule -4to the Constitution, nor does it provide for legislation envisaged in the sections referred to in section 76(3)of the government.
<fn>GOV-ZA.23247En.2012-02-10.en.txt</fn>
Vol. 441 Pretoria 19 March 2002 No.
STAATSKOERANT, 19 MAART 2002 No.
I, Fholisani Sydney Mufamadi, Minister for Provincial and Local Government, in terms of section 154 of the Constitution, hereby publishthe Local Government: Municipal Structures Amendment Bill, 2002, for public comment.
1 Words in type in square indicate omissions bold brackets from existing enactments. Wordsunderlinedwithasolid line indicate insertionsinexisting enactments.
To amend the Local Government: MunicipalStructures Act, 1998, in order to enable a member of a Municipal Council to become a member of another party whilst retaining membership of that Council; and to provide for matters connected therewith.
AND WHEREAS section 157(2) of the Constitution requires an electoral system for local government comprising either proportional representation or proportional representation combined with a system of ward representation.
No.23247 GOVERNMENT GAZETTE, 19 MARCH 2002 any existing party to merge with another party, or any party to subdivide into more thanoneparty,.
Amendment of section 27 of Act 117 of 1998, as amended by section 93 of Act 27 of 2000 and section 121 of Act 32 of2000 1. Section27 of the Local Government: MunicipalStructuresAct,1998(ActNo. 117 of 1998), is hereby amended by the deletion of paragraphs (c) and(9 of subsection (t).
ThisAct is calledthe LocalGovernment: Municipal StructuresAmendment Act, 2002.
STAATSKOERANT. 19 MAART 2002 No.
1.1 On 13 November2001theNationalAssemblygavepermissiontothe Assembly'sPortfolioCommitteeonJusticeandConstitutionalDevelopmentto proceed with the consideration of the Loss or Retention of Membership of National and Provincial Legislatures Bill,2001 (the Membership Bill).
0 a party may subdivide into more than one party.
1.6 The proposed amendment to the Local Government: Municipal Structures Act, 1998 (Act No, 117 of 1998, hereafter referred to as "the Structures Act"), is intended to compliment the constitutional amendments proposed by the Department of Justice and Constitutional Development in respect of the local government sphere.
2.2 Clause 2 of the Bill provides for the Short title.
<fn>GOV-ZA.23253En.2012-02-10.en.txt</fn>
Vol. 444 Cape Town 28 June 2002 No.
2002 in Parliament during the third Parliamentary term. The Bill is published in accordance with Rule241(c) of the Rules of the National Assembly. Interested persons and institutions are invited to submit written representation on the Bill to the Secretary to Parliament by no later than19 July 2002.
You can contact Messrs A Hermans or J Michaels at: Fax: (021) 462 2141 Tel: (021) 403 3776/3806 Email: ahermansOparliament.gov.za jmichaelsQparliament.gov.
To regulate and control the establishment and administration of collective investment schemes; to amendor repeal certain laws; and to provide €orincidental matters.
Void provisions of deed and amendment of deed 10 99.
Winding-up of portfolio of collective scheme investment 15 103.
Application of Companies Act in relation to manager 25 112.
Exemption from Act 57 of 1988 114.
Penalties 30 117.
the management or control of a collective investment scheme; fb) the receipt, payment or investment of money or other assets, including income accruals, in respectof a collective investment scheme; fc) the sale, repurchase, issue or cancellation of a participatoryinterestina collective investment scheme; and (dl the buying and selling of assets or the handing over thereof to a trustee or custodian for safe custody; "advisory committee"means the CollectiveInvestment Schemes Advisory Committee referred to in section 8; "assets"means the investments comprising or constituting aportfolio of a collective investmentscheme and includes anyincome accruals derived or resulting from the investments in the portfolio which are held for or are due to the investors in that portfolio; "association" means an association licenced in terms of section 26; "auditor" means a person registered under the Public Accountants' and Auditors' Act, 199 1 (Act No. 80 of 199 l), and appointed by a manager in termsof section 73; "authorised agent" means a person authorised by a manager to solicit investments in a portfolio from membersof the public or to perform a function contemplated in the definition of "administration"; "Board" means the Financial ServicesBoardestablished by section 2 of the Financial Services Board Act, 1990 (Act No. 97 of 1990); "close corporation" means a close corporation incorporated in accordance with the Close Corporations Act, 1984 (Act No.
the investors share the risk and the benefit of investment in proportion to their participatory interest in a portfolio of ascheme or on anyother basis determined in the deed, but not a collective investment scheme authorised by any other Act; "company" means acompanyincorporated or registered under the Companies Act, 1973 (Act No. 61 of 1973): "court" means any division of the High Court of South Africa having jurisdiction; "custodian" means a custodian appointed in terms of section 68; "deed" means the agreement between a managerand a trustee or custodian, or the document of incorporation whereby a collective investment scheme is established and in terms of which it is administered, and includes the deed of a management company which immediately prior to the commencement of this Actwas a management company in terms of any law repealed by this Act; "exchange" means an exchange licenced under the Stock Exchanges Control Act, 1985 (Act No. 1 of 1985), the Financial Markets Control Act, 1989 (Act No.
"solicit"means any act to promote investment by members of thepublic in a investment collective "this Act" includes a regulation, notice, rule and any other measure having the force of law made under this Act; ''trustee" means the trustee appointed in terms of section 68.
A manager must administer a collective investment scheme honestly and fairly, with skill, careanddiligence and in the interest of investors andthecollective investment scheme industry.
The assets of an investor must beproperly protected by application of the principle of segregation and identification.
information that the manager considers necessary to enable the investor to make an informed decision must be given to the investor timeously and in a comprehensible manner.
The manager must avoid conflict between the interests of the manager and the interests of an investor.
(2)The manager must disclose the interests of its directors and management to the investors.
A manager must maintain adequate financial resources to meet its commitments and to manage the risks to which its collective investment scheme is exposed.
f, i promote investor education, either directly or through initiatives undertaken by an association.
is exempted from the provisions of this Act by the registrar by notice in the Gazette.
Subject to subsection (2), no person may, except if registered as a manager under this Act, or with the specific permission of the registrar pending the lodging and disposal of an application by such person for registrationas a manager under this Act, or pending the change of the name of his or her business, include in or have aspart of the name of his or her business or in any description of his or her business any reference to a collective investment scheme, open-ended investment company, participatory interest, portfolio, unit, unit trust or mutual fund or any derivative thereof, and no person who is not registered as a manager or trustee or custodian under this Act or is not an authorised agent may do any act calculated to lead the public to believe that any business carried on by such person consists of or is connected with the administration of a collective investment scheme.
(2)The registrar may on application by a person who is required to change his orher name by virtue of subsection (1) allow such person to effectsuchchange on the conditions and within a period, not exceeding 6 months, determined by the registrar.
(3)A person who contravenes subsection (1) is guilty of an offence.
The executive officer and a deputy executive officer referred to in section 1 of the FinancialServicesBoard Act, 1990 (Act No. 97 of 1990), aretheregistrarandthe deputy registrar of collective investment schemes, respectively.
The Unit Trusts Advisory Committee established by section 2B of the Unit Trusts Control Act, 1981 (Act No. 54 of 1981), continues to exist, despite the repeal of that Act by section 117.
(2)As from the commencement of this Act the Unit Trusts Advisory Committee referred to in subsection (1) is known as the Collective Investment Schemes Advisory Committee (in this Act referred to as the advisory committee) and a reference to theUnit Trusts Advisory Committee in any law must, unless clearly inappropriate, be construed as a reference to the CollectiveInvestmentSchemes Advisory Committee.
The members of the Unit Trusts Advisory Committee who were inoffice as such immediately before the commencementof this Act remain in office for the remainder of their term of office or until their membership is terminated in terms of this Act.
The advisory committee consists of the chairperson and at least nine other members appointed by the Minister.
one person to represent the interests of investors.
(3)A member of the advisory committee holds office for three years and is eligible for re-appointment upon the expiration of his or her period of office: Provided that if on the expiry of the period of office of a member reappointment is not made or a new member is not appointed, the former member must remain in office until an appointment has been made.
The Minister may terminate the membership of a member of the advisory committee for good reason after having given the member sufficient opportunity toshow why his or her membership should not be terminated.
(2)The advisory committee must advise the Minister or the registrar on any matter referred to it by the Minister or the registrar.
(3)The registrar may submit to the advisory committee any information in his or her possession which is relevant to any matter beinginvestigated or considered by the advisory committee.
The Commissions Act, 1947 (Act No. 8 of 1947), applies to any investigation by the advisory committee and witnesses and their evidence as if the advisory committee were a commission to which the said Act applied and the chairperson of the advisory committee were the secretary of such a commission.
(5)The advisory committee may call upon any person to assist it or to investigate a matter relating to collective investment schemes.
Officers or employees in the office of the registrar designated by the registrar must perform the administrative work incidental to the performance of the functions of the advisory committee and its subcommittees.
The advisory committee must determine the date and place of its meetings.
The chairperson may at any time convene an extraordinarymeeting of the advisory committee to be held at a time and place determined by him or her.
The advisory committee determines its own procedure for its meetings.
The quorum fora meeting of the advisory committee is a majority of its members.
The decision of a majority of the members of the advisory committee present at any meeting thereof is the decision of the advisory committee, and in the case of an equality of votes, the chairperson has a casting vote in addition to his or her deliberate vote.
The advisory committee may appoint one or more subcommittees, which may performthosefunctions of the advisory committee thatthe advisory committee determines.
(2)A subcommittee consists of so many members of the advisory committee or so many other persons as the advisory committee considers necessary, and the advisory committee may at any time dissolve or reconstitute a subcommittee.
A member of the advisory committee who is not in the full-time employment of the State or the Board must be paid the remuneration and allowances in respect of any expensesincurred in the performance of the functions of the advisory committee, determined by the Board.
The expenditure connected with the functions of the advisory committee must be paid out of the funds of the Board, whose approval must be obtained for all expenditure proposed to be incurred, or actually incurred, by the advisory committee.
The registrar may conduct an investigation into the business of a person, whether registered or authorised in terms of this Act or not, who is involved in the administration of a collective investment scheme or the soliciting of investment in a collective investment scheme.
appear before the registrar at a specified time and place if he or she has reason to believe that such person is contravening or failing to comply with this Act.
In addition to the powers and duties conferred or imposed upon him or her by this Act. the registrar has. in respect of a person referred to in subsection (l), all the powers and duties conferred or imposed upon him or her by the Inspection of Financial Institutions Act, 1998 (ActNO. 80 of 1998).
(3)A reference in this Act to a directive, an investigation or an inspection made under this section is construed as a reference to a directive, an investigation or an inspection under the Inspection of FinancialInstitutions 1998.
If the registrar, after an investigation or inspection under section 13.
apply to the court under section 346 of the Companies Act. I973 (Act No.
apply to the courtunder section 427(2) of the Companies Act.
apply to the court under section 5 of the Financial Institutions (Protection of Funds) Act, 2001 (Act No.
require a manager to take steps, in accordance with the registrar's directions and the provisions of section 102, for the winding-up of a portfolio of its collective investment scheme, therealisation of the assets, and the distribution of the net proceedsthereof, together with any income accruals or other 55 moneys available for distribution among the investors in proportion to their respective participatory interests: direct a manager or a trustee or custodian to take any steps, or to refrain from doing or continuing to do any act, in order to terminate or remedy any irregularity or undesirable practice or state of affairs disclosed by an investigation or inspection; direct a manager to withdraw from the administration of a collective investment scheme. whereupon the trustee or custodian must in accordance with the registrar's directions, but subject to thisAct, arrangeforanother manager to take over the administration of the collective investment scheme: or if a person administers a collective investment scheme in contravention of this Act, apply to the court to have the collective investment scheme wound-up, in which case the court may make any order it considersappropriate for the winding-up of the collective investment scheme.
The registrar may oppose any application in terms of the Companies Act, 1973 Act No.
the winding-up of a portfolio of a collective investment scheme in terms of section 102.
Any person who intends to make an application contemplated in subsection (3) must give timely notice of such application to the registrar.
(4)A person who refuses or fails to comply with a request or direction referred to in paragraphs (d),(e),(J) or (g)of subsection (1) is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding one year or to both a fine and such imprisonment.
if he or she is satisfied, upon completion of an investigation or inspection in terms of section 14.
if a manager is wound-up. either voluntarily or by the court, or may, on any ground referred to in paragraph (a).(h)or (c) suspend the registration of a manager for a period not exceeding I2 months at a time subject to such conditions as the registrar may determine.
afforded the manager a reasonableopportunity to rectify or eliminatethe defect, irregularity or undesirable practice.
An application for re-registration as a manager by a company whose registration has been cancelled under this section must be dealt with as if it were its first application for registration.
(4)If the registrationof a manager is cancelled in terms of subsection (l)(a),(b)or (c), theprovisions of this Act with regard to the continuance or the winding-up of the portfolio of a collective investment scheme or the winding-up of the manager apply: Provided that the registrar may in any such case direct the former manager to defray in whole or in part the expenses incurred in continuing the administration of the collective investment scheme, or in realising any of the assets, and also any remunerationto which a trustee or custodian may be entitled.
If the registration of a manager has been suspended under subsection (l), the manager may not, during the period of suspension, issueany fresh participatory interests, but must, in respect of participatory interests issued, continue the administra- tion of the collective investment scheme and deal with such interests in all respects as it would have been bound to do had its registration not been suspended.
The registrar may object to the terms of any price list, advertisement, brochure or similar document relating to a collective investment scheme publishedor proposed to be published by a manageror any of its authorised agentsif the registrar considers theterms are calculated to mislead or are, for any other good and sufficient reason, objectionable or undesirable, and the registrar may direct the manager to discontinue or refrain from publishing or distributing any such document, or to amend its terms.
If a manager fails to comply with section 88(I), or is unable to comply with any other prudential or supervisory requirements imposed by or under this Act, the manager must forthwith in writing report the failure or inability to the registrar, stating forthe reasons such failure or inability.
(2)The registrar may summarily take action under this Act against a manager referred to in subsection (1) orcondone thefailure or inability and afford the manager an opportunity to comply with the relevant provisions within a specified period and subject to such conditions as the registrar may determine.
in the case of any failure to submit to the registrar or any other person, within any period fixed by or under this Act, any stztement, report, return or other document or icformation required by or under this Act to be so submitted, not exceeding R1 000, or such other amount determined by the Minister for every day during which the failure continues.
A fine imposed under subsection (3) must be paid to the Board within such period as may be specified in the relevant notice, and if the manager concerned failsto pay the fine within the specified period the registrar may by way of civil action in a competent court recover from that manager amount of the fine.
The registrar may direct a managerto have all books of accounts and financial statements audited and to submit thz results of such an audit to the registrar within the time specified by the re,' uistrar.
(2)Any person who, in respect of an audit contemplated insubsection (I), gives information, an explanation or access to records which he or she knows to be false or misleading, is guilty of an offence.
The registrar or a person nominated by him or her may attend any meeting of an association or the executive committee of an association or a subcommittee of that committee, and take part in all the non-voting proceedings at such meeting.
An executive officer of an association must on request furnish the registrar with all notices, minutes and documents which are furnished to the members of the association, and the members of the executive committee or a subcommittee of that committee.
the registrar has consulted with the advisory committee.
No person may, after 21 days from the date of publication of the notice whereby a practice or manner of administration has been declared to be irregular or undesirable. employ such a practice or manner of administration otherwise than for the sole purpose of fulfilling any obligations entered into before the date of such notice or to comply with any direction by the registrar under subsection (3).
The registrar may in writing direct any person who employeda practice or manner of administration, whether before. during or after the date of the notice referred to in subsection (2),which was declared to be irregular or undesirable, to rectify, in a manner required by the registrar, anything which was caused by or arose out of the employment of that irregular or undesirable practice or manner of administration.
(4)Aperson who has been directed in terms of subsection (3)to rectify anything, must effect such rectification within seven days after being so directed or within such longer period as the registrar may approve.
refuses or fails to comply with a direction referred to in subsection (3)or fails to comply with subsection (4), is guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding two years or to both a fine and such imprisonment.
any category of persons, from any provision of this Act on such conditions and to such extent as he or she may determine.
all matters relating to the administration of collective investment schemes and schemes.
A report contemplated in subsection (1) must be Tabled in Parliament within 14 days of publication thereof, if Parliament is then in session or, if Parliament is not then in session, within 14 days of the commencement of its next ensuing session.
A person aggrieved by a decision of the registrar under a power conferred or a duty imposed upon him or her by or under this Act, may appeal to the Board of Appeal referred to in section 26 of the Financial Services Board Act, 1990(Act No. 97 of 1990), on the terms and conditions determined in that Act.
An association of persons carrying on the business of a collective investment scheme may apply to the registrar for an association licence. (2) An application for the issue or renewal of an association licence must be made on the form determined by the registrar and be accompanied by the documents and the fee determined by the registrar: Provided that if a licence is issued after 30 June of a particular year one-half of the annual fee is payable. (3) Alicenceexpires on 31 December of each year.
theassociation did not comply with any of the requirements referred to in 30 section 26(a),(0).
ic the association did not comply with any direction.
the association did not comply with any other provision of this Act.
A refusal under subsection (1) is of no force unless the registrar has by notice in writing given the association concerned his or her reasons for the intended refusal and an opportunity to show cause within a period specified in the notice why renewal should not be refused.
that the licence was obtained through misrepresentation.
(2)Cancellation or suspension of a licence under subsection(1) is of no force unless the registrar has by notice in writing given the association concerned his or her reasons for the intended cancellation or suspension and an opportunity to show cause within a period specified in the notice why its licence should not be cancelled or suspended.
An executive committee of an association may, subject to the conditions it may determine, delegate or assign any power or duty conferred uponor assigned to it under this Act to a subcommittee or a person designated by it but is not divested or relieved of a power or duty so delegated or assigned.
an executive officer of an association may, for a period not exceeding 30 days, suspend the administration of a collective investment scheme or part thereof by a member of an association with the approval of 75 per cent of the members of an executive committee, if it is desirable or for the purposes of compliance with andenforcement of the rules and the other requirements of an association, without prior notice to any person and without hearing any person.
Stoppage or suspension referred to in subsection (l)(a) may not be effected by the executivecommittee where the member concerned has not had the opportunity of making representations to the executive committee in support of the continued performance of an activity.
asuspension of a particular activity by an executive officer in terms of subsection (l)(b), the executive committee or executive officer, as thecase may be, may permit other members of the association to continue the activity in question for the sole purpose of fulfilling any obligations entered into before the stoppage or suspension.
The rules of an association must provide for the matters specified in Schedule 4.
convicts a member of an association of an offence in terms of this Act or of an offence of which any dishonest act or omission is an element; or fbi finds, in proceedings to which a member of an association is a party or in which his or her conduct is called in question, that he or she has been guilty of reckless or dishonest conduct, the court may declare the member concerned to be disqualified, for an indefinite period or for a period specified by the court, from carrying on the business of a member of an association.
The court may, on good cause shown, vary or revoke a declaration made under subsection (1).
The registrar of the court or the clerk of the court which has made a declaration under subsection (1) or varied or revoked a declaration under subsection (2),must as soon as possible notify the registrar and the association concerned thereof.
A declaration made under subsection (1) in respect of a member does not affect any right of an executive committee to take disciplinary action in terms of the rules against the member.
An association may be dissolved voluntarily in the circumstances and in the manner specified for that purpose in its rules.
Subject to subsection (l), the provisions of the Companies Act, 1973 (Act No. 61 of 1973), relating to the voluntary winding-up of companies, apply with the necessary changes to the voluntary dissolution of an association.
forward to the registrar a copy of every notice or account which, in terms of the Companies Act, 1973, he or she is required to furnish to the Master of the High Court.
When the affairs of an association have been completely wound up, the Master of the High Court must send a certificate to that effect to the registrar, who must cancel the association's licence. and thereupon the association is dissolved.
or u the registrar.
(a)Subject to the provisions of subsection (l), the provisions of the Companies Act, 1973 (Act No. 61 of 1973), relating to the winding-up of companies by the court apply with the necessary changes to an association.
"the registrar defined in section 1 of the Collective Investment Schemes Control Act, 2002, or"; section 346(4)(a)of that Act is construed as if after the words "lodged with the Master" there were inserted the words "and registrar defined in section 1 of the Financial Institutions (Protection of Funds) Act, 2001 (Act No. 28 of 2001)"; section 346(4)(b)of that Act is construed as if after the word "Master" there were inserted the words "or registrar defined in section 1 of the Financial Institutions(ProtectionofFunds)Act,2001(Act No. 28of 2001)"; and 10 section 357 of that Act is construed as if the registrar were included among the persons to whom notice is required to be given under subsection (l)(b) of that section.
A judicial management order may be granted in respect of an association by the court on the application of the persons who are entitled under section 35(1) to make an application to the court for the winding-up of an association, and section 35(2)(b)(i) 20 and (ii) apply with the necessary changes to an application for a judicial management order.
Subject to section 37, the provisions of the Companies Act, 1973 ActNo.
Despitetheprovisions of the CompaniesAct,1973,ajudicialmanager or liquidator in respectof an association mustbe appointed by the Master of the High Court in consultation with the registrar.
In this Part, unless the context indicates otherwise, "collective investment scheme in securities" means a scheme the portfolio 40 of which consists, subject to this Act, mainly of securities.
The registrar may determine securities or classesof securities that may be included in a portfolio of a collective investment scheme in securities.
No person other than a company which has been registered as a manager under section 42 and its authorised agent may administer any collective investment scheme in securities.
is a company under the Companies Act, 1973 (Act No.
hascapital and reserves as determined in terms of section 88 available for employment in its collective investment scheme, may be or may remain registered as a manager under section 42.
A person who contravenes subsection (I) is guilty of an offenceandliable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.
A companywhichdesires to be registered as amanager of acollective investmentscheme in securities mustlodge with the registrar an application for registration in the manner and form determined by the registrar, disclose the particulars determined by the registrar and pay the application fee determined by the registrar.
(2)The registrar may call upon any applicant which has applied for registration under subsection (1) to furnish him or her with any further information which is relevant to the application.
that the proposed directors, management, trustee or custodian and auditors are qualified as required by or under this Act, he or she must, subject to subsection (4) and on such conditions as he or she may determine. register the applicant as a manager and issue to it a certificate of registration in the form determined by the registrar.
is one whose registration as a manager will be in the public interest.
change the name of its collectiveinvestment scheme or any portfolio administered by it as approved by the re,' nlstrar.
(2)The registrar may by notice require a manager to terminate the appointment of a director or officer of that manager, if the director or officer is not fit and proper to hold the office in question.
When the registrar intends to act as contemplated in subsection (2), the registrar must give notice to the manager, and, unless it is impracticable to do so, the director or officer concerned.of the registrar's intention and the reasons therefor, and the director or officer must thereupon cease to perform the functions of the office in question pending the final outcome of any appeal under section 24.
A security must be valued at its fair market price.
When a manager is unable to determine a market price for a security, whether listed on an exchange or not, for the purposes of a collective investment scheme in securities, a fair market price for such security must, at the request of such manager, be determined by a stockbroker who is a member of a licenced exchange.
If such manager does not agree with the price determined by the stockbroker, it must refer the matter to the committee of the exchange concerned, which thereupon must determine the fair market price for such security.
equitysecuritiesare securities listed on an exchange to which the 15 managerhas applied the due diligence guidelinesdetermined by the registrar.
The registrar may determine the manner, limits, and conditions subject to which securities or classes of securities may be included in a portfolio of a collective 20 investment scheme in securities.
The registrar may determine different manners, limits and conditions for different securities or classes of securities or different portfolios of a collectiveinvestment scheme in securities.
of the Companies Act, 1973 (Act NO.
Advertising on Roads and Ribbon Development Act, 1940 (Act No. 21 of 1940), and, for purposes of section 49, any piece of land registered as an erf, lot or stand, in a foreign deeds registry.
(2)The registrar may, for the purposes of this Part determine assets, other than those 50 referred to in the definition of "collective investment scheme in property", which may be included in a portfolio of a collective investment scheme in property.
No person other than a company which has been registered as a manager of a collective investment scheme in property under this Part or its authorised agent may administer a collective investment scheme in property.
is registered as acompanyunder the Companies Act, 1973 (Act No.
hascapitalandreserves as determined interms of section 88 available for employment in its collective investment scheme, may be or may remain registered as a manager under this Part.
A person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five yearsor to both a fine and such imprisonment.
A manager may, subject to this .4ct or any other law, invest assets of a portfolio of a collective investment scheme in property, in immovable property in a foreign country and property shares or participatory interests inacollectiveinvestmentscheme in property in a foreign country if such foreign country has a foreign currency sovereign rating by a rating agency, which rating and rating agency must be determined by the registrar: Provided that if the country has been rated by more than one agency the lower of the ratings applies.
A manager of a collective investment scheme in property must apply for permission for such participatory interests to be dealt in on a licenced exchange.
Chapter V of the Companies Act, 1973 (Act No. 61 of 1973), applies to the repurchase of a participatory interest by a collective investment scheme in property and for the purposes of this subsection, "shares" as referred to in that Chapter, are regarded as including participatory interests in a collective investment scheme in property.
Sections 42, 43 and 46 apply, in so far as they can be applied, in respect of a manager of a collective investment scheme in property.
(2)The registrar may, for the purposes of this Part, make rules, which are consistent with this Act, for the administration of a collective investment scheme in participation bonds.
Such rules do not have the force of law until published by notice in the Gazette.
No person other than a public or private company which has been registered as a manager of a collective investment scheme in participation bonds underthis Part or its authorised agent may administer any collective investment scheme in participation bonds.
88 available for employment in its collective investmentschememaybe or remain undermanager aregistered as this Part.
(3)A person who contravenesa provision of subsection(1) is guilty of an offence and liable on conviction to a fine or to imprisonment fora period not exceeding five years or to both a fine and such imprisonment.
No. 54 of 1981), may not register any further participation bond in terms of the Participation Bonds Act, 1981 (Act No. 55 of 1981).
(2)(a)A manager of a participation bond scheme which has been exempted by the registrar of unit trust companies in terms of section 37(2)(a) of the Unit Trusts Control Act, 1981 (Act No. 54 of 1981), and a nominee company approved by that registrar in terms of that section, is regarded as from the date of the commencement of this Part to be registered as a manager or approved nominee company, as the case may be, under as a this Part.
(b)The registrar must issue to a manager referred to in paragraph (a)a certificate of registration in terms of this Act.
Within 90 days after the commencementof this Part, the manager must exchange participations in a participation bond registered in terms of the Participation Bonds Act, 1981, for a participatory interest of equal value in a collective investment scheme in participation bonds in terms of this Part.
Sections 42 and 43 apply, to the extentin which they can be applied, in respect of a manager of a collective investment scheme in participation bonds.
The manager of a collective investment scheme in participation bonds may in respect of any business conducted by such manager, actas a principal or as an agent.
(2)When acting as a principal in respect of a transaction which is subject to the provisions of any other law the manager is entitled to charge such finance charges as may be charged in terms of the said law in connection with a money lending transaction.
Despite any contrary law, a participation bond clearly described as such must 5 be registered as such in a deeds registry in the name of a nominee company as nominee for or representative of the participants.
(2)The names of the participants need not be listed in a participation bond.
The debt secured by a participation bond is, to the extent of the participatory 10 interest granted to any participant, a debt owing by the mortgagor to such participant and not to the nominee company, and the rights conferred by the registration of any such bond are regarded, despite the registration of the bond in the name of the nominee company, to be held by the participants.
Minimum investment period 15 58. An agreement in terms of which a manager accepts money for investment in a collective investment scheme in participation bonds must provide that such money is invested in such scheme for a periodof not less than five years.
All participatory interests granted in any participation bond, whenever granted, 20 shall rank in preference concurrently with one another as from the date of registration of the bond.
A nominee company may not transfer, cede or in any way encumber any of its rights under a participation bond without the written consent of the registrar.
Despite any contrary law, a contract of suretyship relating to a debt secured by a 40 participation bond and accepted by a manager subject to subsection (l), is enforceable by the nominee companyin its own name against the surety on behalf of the participants.
(4)This section applies with the necessary changes to any collateral security accepted before 21 June 1978by the manager for the purposes referred 50 to in subsection (1) and in respect of which the contractor arrangement or other document containing the terms and conditions thereof was in force at that date.
The Minister may by notice in the Gazetre declare a specific type of business to be a collective investment scheme to which this Act or any part or provision thereof applies.
issuedifferent notices for different types of declared collectiveinvestment schemes.
Sections 41, 42, 43,45 and 46 apply, to the extent in which they can be applied, in respect of a manager of a declared collective investment scheme.
the fee determined by the registrar has been paid.
A scheme approved in terms of subsection (1) must, for the purposes of section 15A of the Financial Services Board Act, 1990 (Act No. 97 of 1990), be regarded as a financial institution and the provisionsof that section apply, with the necessary changes required by the context, to such a scheme.
specify the date on which such notice comes into force; and fd provide for a reasonableperiod to complete performance of transactions entered into before the date on which the notice in terms of this section comes into force or for the termination of contracts of a continuing nature.
the restriction or partial restriction of a manager registered or approved under this Act in respect of the administration of a collective investment scheme.
in the case of an unincorporated association which is not a partnership, it is formed under the law of that country or the Republic, has a principal place of business there or is controlled by a person connected with that country or the Republic.
any of the conditionsreferred to in section 65(l)fc)are no longer met.
i2 A person may not become or act as a trustee or custodian unless that person is registered as such under section 69.
the reason, if known, for the termination of the appointment.
(3)A trustee or custodian intending to retire from an appointment in terms of this section, must give to the manager and to theregistrar not less than six months' notice of such intention, and during the said period of six months the manager concerned must take steps to appoint astrustee or custodian some other person competent to act as such in terms of section 69.
(a)When it is impracticable for a trustee or custodian to perform any or all its duties under section 70, the trustee or custodian may appoint a representative whichis independent from the manager and any of its agents, to perform such duties.
(b)A trustee or custodian of a collective investment scheme who has appointed a representative under paragraph (a),is not divested of the functions referred to in that paragraph.
apubliccompanyundertheCompaniesAct,1973(Act No.
a company or institution incorporated under a special Act, excluding a close corporation referred to in the Close Corporations Act, 1984 Act No.
an institution or branchof a foreign institution which is entitled to carry on the businessofabankundertheBanksAct,1990(Act No.
Act, 1998 (Act No. 52 of 1998).
has been registered by the registrar as a trustee or custodian.
the company or institution is not, in relation to the manager, either a holding company or asubsidiary or fellow subsidiary company within the meaning of those terms as defined in the Companies Act, 1973 (ActNo.
(b)The registrar may revoke or suspend any such registration already granted if at any time thereafter he orshe ceases to be satisfied that the requirements contained in paragraph (a)are met by the trustee or custodian.
(4)Any person who contravenes subsection(1) or (2) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year or to both a fine and such imprisonment.
The registrar must, beforerevoking or suspending aregistrationinterms of subsection (3)(b),notify the trustee or custodian concerned of the grounds upon which such action is contemplated against it, and must give it a reasonable opportunity of showing cause why the proposed action should not be taken.
The trustee or custodian has the right to present its case verbally to the registrar and in doing so to be represented by any other person.
A trustee or custodian must report to the manager any irregularity or undesirable practice, whetherdeclaredinterms of section 21 or not, concerning the collective investment scheme of which it is aware and if steps to rectify the irregularity or practice in question are not taken to the satisfaction of the trustee or custodian, it must as soon as possible report such irregularity or undesirable practice to the registrar.
The trustee or custodian must satisfy itself that every income statement, balance sheet or other return prepared by the manager in terms of section 90 fairly represents the assets and liabilities, as well as the income and distribution of income, of every portfolio of the collective investment scheme administered by the manager.
At the request of the trustee or custodian, everydirector or employee of the manager must submit to the trustee or custodian, any book or document or information relating to the administration by the manager of its collective investment scheme which is in his or her possession or at his or her disposal, and which the trustee or custodian may consider necessary to perform its functions.
(5)A person may not interfere with the performance by a trustee or custodian of its functions.
A trustee or custodian of a collective investment scheme which fails to perform any of its duties referred to in this section, is guilty of an offence.
an asset of a portfolio, are regarded as being trust property for the purposes of the Financial Institutions (Protection of Funds) Act, 2001 (Act No. 28 of 2001), and a manager, its authorised agent, trustee or custodian must deal with such money or other assets in terms of this Act and the deed and in the best interests of investors.
The trustee or custodian must indemnify the manager and investors against any loss or damage suffered in respect of money or other assets in the custody of the trustee or custodian and which loss or damage is caused by a wilful or negligent act or omission by the trustee or custodian.
(1)A manager must appointan auditor for the purposeof auditing the whole of the business of the collective investment scheme administered by it.
(3)A manager must within 30 days from the date of appointment of an auditor apply to the registrar for approval of such appointment.
The registrar may withdraw a prior approval of the appointment of an auditor.
(5)An auditor who has been removed by a manager from his or her office as auditor, must inform the registrar thereof.
cause such records and annual financial statements to be audited, not later than threemonthsafterthe financial year end of the manager or collective investment scheme, as the case may be, or such later date as the registrar may allow, by an auditor whose appointment has been approved by the registrar in terms of section 73.
ensurethatthe financial statements are properly drawn up so as to fairly represent the financial position, and the results of the operations of the manager and every portfolio of its collective investment scheme is in accordance with generally accepted accounting practice and in the manner required by this Act.
When the auditor of a collective investment scheme has conducted an audit in terms of subsection (2),he or she must report to the manager that the accounting records and the annual financial statements have been examined in accordance with generally accepted auditing standards and in the manner required by this Act and state whether in his or her considered opinion it fairly presents thefinancial position and the results of the operations of the manager and its collective investment scheme.
If the auditor is unable to make such a report or to make it without qualification, he or she mustincludein his or her report a statement explainingthefacts or circumstances which prevented him or her from making his or her report or from making it without qualification.
The auditor's report under subsection (3) must, unless all the members present agree to the contrary, be read out at the annual general meeting of the manager.
An auditor who fails to perform any of the duties referred to in this section, is guilty of an offence.
submit a copy of such report to the registrar if there is reasonable cause to believe that such report is or might be of material significance to the registrar.
(2)For purposes of this section a report is of material significance to the registrar if it deals with a matter which, because of its nature or potential financial impact has caused or is likely to cause financial loss to the scheme or any of its investors or creditors.
An auditor who fails to perform any of the duties referred to in this section, is an guilty of offence.
scheme under "conversion scheme" means a scheme regulating a conversion and governing the reciprocal rights and obligations of the parties to the conversion; "qualifying interest", in relation to a collective investment scheme which is converted.means any participatory interest in such scheme whichwasissued date.
provide for payment of the value of the participatory interest of any investor who chooses notto take up a participatory interest in the collective investment scheme established by the conversion or who holds a qualifying interest of a lesservaluethan the value determined in the conversion scheme as the minimum for a qualifying interest.
unless authorised by a resolution adopted by a majority in value of investors the in manner determined by the registrar.
A manager must apply to the registrar for his or her approval of a conversion before a resolution on the matter is passed by investors.
a list of the names and employment history of the persons designated to act as the first directors of the proposed manager after the conversion.
Amanagermust furnish the additional particulars in connection with the conversion that the registrar may require.
the application does not comply with a requirement of this Act or any other law.
For the purposes of considering the basis and conditions on which a participatory interest in any proposed collective investment scheme is offered to investors or to investors and members of the public referred to in section 76(2)(c)the registrar may, after consultation with the manager, designate a person to investigate and advisehim or her, on the reasonableness and fairness of the proposedbasis and conditions.
The costs of an investigation in terms of paragraph (a) must be paid by the manager.
(3)The registrar may not refuse an application without having afforded the manager areasonableopportunity to amend the relevant document in accordance with the registrar's requirements.
As soon as the registrar has approved a conversion, the manager must obtain a resolution passed by investors authorising the conversion.
If the investors pass a resolution authorising the conversion, the registrar must, at the request of the manager. issue a certificate to the manager confirming the registrar's approval of the conversion.
If a collective investment scheme is not a company incorporated in terms of theCompaniesAct, 1973 (Act NO. 61 of 1973), and is converted into a collective investment scheme in the format of a company, it must be incorporated as a company in terms of the Companies Act,1973, with its memorandum and articles of association complying with that Act: Provided that subject to the requirements of the Companies Act, 1973, and any requirement of the registrar or any other authority, the conversion must be regarded as having taken place upon the registration of the memorandum and articles of association under that Act.
(2)The Registrar of Companies may not register the memorandum and articles of association of acompanycontemplatedinthis section unless the application is accompanied by a certificate issued in terms of section 82(1).
(3)For the purposes of the registration of the memorandum and articles of association of any such company in terms of the Companies Act, 1973 (Act No. 61 of 1973), the persons referred to in section 78(2)(e) must, if they accept their appointment as the first directors of the company, sign the memorandum and articles of association as if they were the subscribers of such company as contemplated in section 54(2) of the Companies Act, 1973.
The registrar must give notice in the Gazette of any conversion and the applicable date of a in terms of this Part.
all participatory interests issued by the former collectiveinvestmentscheme and which were not repurchased or cancelled before the conversion, become participatory interests in the converted collective investment scheme.
Except in so far as this section provides otherwise, a conversion does not derogate from the obligationsof the collective investment scheme or the rights of any creditor of investmentbeforethe the conversion.
such other affairs of the scheme as the registrar may require.
(2)The provisions of the Companies Act, 1973 (Act No. 61 of 1973), with respect to the issue of a prospectus or an offer of shares, do not apply to an offer referred to in subsection (1).
such proceeds may be applied for the payment of such participatory interest.
(2)A manager may, subject to section 95, lend or offer to lend assets included in a portfolio in the manner, within the limits or on the conditions determined in the deed.
Different manners, limits and conditions for different assets or portfolios may be determined or provided for under subsection (1) or (2).
(1)A manager may conduct business other than administration subjectto the prior approval of the registrar.
(2)The registrar may on such conditions as he or she may determine approve the 25 application of a manager to conduct other business, if the investors in the collective investment scheme administered by the manager are not likely to be prejudiced.
"Liquid form" for the purpose of sections 88 and 89 means any asset which is capable of being withindays.
A manager must on an ongoing basis maintain in liquid form the capital for the matters and risks determined by the registrar.
The registrar may exempt the managers of a particular category of collective investment schemes from any or all the requirements referred to in subsection (1) and 35 determine capital requirements for such managers.
The registrar may exempt a manager from compliance with the requirements of this section for such period. not exceeding six months, and on such conditions as he or she may lay down.
A managerwhoceases to comply with subsection (I), and who has not been exempted under subsection (3), must, within 30 days notify the registrar in writing to that effect.
A manager may not be registered or allowed to continue as a manager, unless at the time of registration and at all times thereafter the managerhas nett assets in liquid 45 form which exceed the minimum capital requirement determined under section 88.
on or before a date specified by the registrar, lodge with the registrar such furtherinformation and explanations in connection with the financial and other statements referred to as the registrar may request.
(2)A manager must, not later than 90 days after the closeof the financial year of every 10 portfolio of the collective investmentscheme administered by the manager, send to every invesror in such portfolio a report relating to the portfolio containingthe information determined by the registrar.
(Act No. 61 of 1973).
power voting of Exercise by manager 30 91. Amanager or its nominee exercising the voting power conferred on it by the assets held in a portfolio, must exercise such power in the best interest of the investors.
by virtue of any underwriting of participatory interests done by a manager, 40 director or employee.
any costs incurred as a result of a collective investment scheme in property being listed on an exchange.
Amounts other than those referred to in subsection (1) may not be deducted by a managerfrom a portfolio unless determined by the registrar.
(a)Subject to paragraph (b)a manager may not sell any participatory interest at a price which exceeds or is less than the net asset value of that participatory interest.
of a specific number of participatory interests at a fixed price based on the price of the participatory interests on a previous date not more than 28 days prior to closingthe of the offer.
In making payment to the investors in a portfolio of a distribution of income accruals on the participatory interests belonging to them, a manager may round off to the nearest one cent, any amount so paid in respect of such number of participatory interests as represents the minimum number which, in terms of the portfolio's deed, must be purchased at any one time, but any amount which, by virtue of such rounding-off, is left in the portfolio, must be canied forward to the credit of investors in the next ensuing distribution.
lend or advance any money.
A manager, other than a manager of a collective investment scheme in securities, may for the account of a portfolio borrow money for the purposes and subject to the limits and conditions determined in the deed.
In the case where insufficient liquidity exists in a portfolio or where assets cannot be realised to repurchase or cancel participatory interests, the manager of a collective investment scheme in securities may borrow the necessary funds for such repurchase or cancellation on security of the assets and for the account of the portfolio in question, at the best commercial terms available until assets can be realised to repay such a loan: Provided that the maximum amount so borrowed may not exceed 10 per cent of the market value of such portfolio at the time of borrowing.
Every deed must set out the requirements for the administration of a portfolio and it must contain, amongst others and as far as they can be applied, provisions to regulate the matters detailed in Schedule1 in respect of a collective investment scheme in securities andthosedetailedinSchedule 2 in respect of a collectiveinvestment scheme in property.
The registrar may by notice in the Gazette exempt a particular typeor category of collective investment schemes from the provisions of subsection (1) and determine the matters to be complied with or to be provided for in a deed by such type or category of collective investment schemes.
The registrar may by notice in the Gazette suspend a provision of any deed and determine the matters to be complied with or suspend such a provision and determine matters in respect of which any deed bemust amended.
A provision in a deed which is inconsistent with this Act is void.
(a) The parties to a deed may by supplemental deedamendadeed but no amendment of a deed is valid unless theconsentthereto of a majority in value of investors has been obtained in the manner prescribed in the deed.
does not release the trustee, custodian or the manager from any responsibility to the investors, he or she may direct that such consent be dispensed with.
Subject to subsection (2), a deed which immediately prior to the date of commencement of this Act was a deed in terms of any law repealed by this Act, must within 12 months fromthedate of commencement of this Act beamended, supplemented or replaced in order to comply fully with the requirements of this Act.
the registrar, granted on suchconditionsas he orshe in writing may determine.
A copy of the transaction (hereinafter referred to as the proposed transaction) whereby the proposed amalgamation, cession, transfer or take-over is to be effected and such other particulars as may be necessary to enable the registrar to exercise his or her powers under this section, must be submitted to the registrar by the parties to the proposed transaction.
investors holding a majority in value of participatory interests in an original scheme or portfolio have consented to the proposed transaction.
an investor in an original scheme or portfolio acquires participatory interests in the new scheme or portfolio or in the scheme or portfolio which acquired rights by amalgamation, cession, transfer or take-over. having the same aggregate money value as that of the participatory interests held, immediately before the date on which the proposed transaction became effective, by such investor in an original scheme or portfolio.
on production to him or her of the title deed or other deed or document in question, must, on such title deed or other deed or document and in his or her registers or other books, make such endorsements and entries as may be necessary as a result of the said amalgamation, cession, transfer or take-over to effect or record the transfer of the said property or other rights to the new scheme or portfolio or, as the case may be, to the scheme or portfolio acquiring rights by means of the amalgamation, cession, transfer or take- over in question.
Except in so far as this section provides otherwise, an amalgamation, cession, transfer or take-over in terms of this section does not derogate from the rights of any creditor or any obligation relating to an original scheme or portfolio.
(7)No transfer or stamp duty or registration or other fees are payable in respect of any endorsement or entry made in terms of subsection (3,and no stamp duty or other fees are payable in respect of the issue of a substituting participatory interest or the transfer of assets as a result of any amalgamation, cession, transfer or take-over in terms of this section.
the basis on which the manager undertakes to repurchase participatory interests offered to it and the basis on which selling and repurchase prices will be calculated in accordance with this Act and the terms and conditions of the deed.
in the case of any such document published within the first-mentioned period, to information as to the probable yield calculated in a manner clearly set out in such document.
If, in any price list, advertisement, brochure or similar document published by a manager or by any of its authorised agents, it is stated that investors ina portfolio of the collective investment scheme are entitled to participate in its profits, there must also be stated what amount was so distributed during the previous financial year, expressed as a percentage of the aggregate market value, as at the closeof that year, of all assets then held on behalf of investors in that portfolio.
There must be included in every pricelist, advertisement, brochure or similar documentpublished by amanager or by any of its authorisedagents in which participatory interestsarecommended to the public, astatementinclear and unambiguous terms, to the effect that the value of participatory interests in a portfolio is subject to fluctuation from time to time relative to the market value of the assets comprised in the portfolio: Provided that the registrar may, subject to such conditions as he or she may deem fit, exempt a manager or any such agent from the provisions of this subsection in relation to any advertisement or any particular type of advertisement which is of such a nature that it would be unreasonable to require the manager or such agent to comply with this subsection.
A manager must maintain a principal office in the Republic, must appoint a public officer in the Republic and must notify the registrar in writing, within 30 days after the commencement of this Act, of the location and address of that office and of the name of its public officer.
Wheneveramanager has changed its principal office or has appointed a new public officer, it must within 30 days from such change or appointment give notice in writing thereof to the registrar.
Process in any legal proceedings against a manager may be served at the principal office of the manager, and if such office is no longer in existence, service upon the registrar is deemed to be service upon the manager.
If at the time, whether before or after the commencement of this Act, when a portfolio was first formed under a collective investment scheme, no period was fixed for the duration of that portfolio, the manager, trustee or custodian may, on application to the registrar and subject to such terms and conditions as he or she may determine, wind-up that portfolio at any time.
Despitesubsection (l), any competent division of the court may, on the application of a manager, trustee or custodian, order any such portfolio to be wound-up if the court is satisfied that to do so would be in the interest of investors in that portfolio.
Upon the winding-up of a portfolio in terms of this section the manager must under the control and supervision of the trustee or custodian realise all the assets of such portfolio as soon as possible having regard to the interest of investors, but the manager incurs no liability by reason of the exercise in good faith of its discretion as to the time of realisation of any assets unless the discretion is exercised in a grosslynegligent manner.
The net proceeds of the realisation of such assets must be deposited in the trust account referred to in section 105 and must under the control and supervision of the trustee or custodian be distributed by the manageror the trustee or custodian, as the case may be, amongst theinvestorsandthemanager in proportion to their respective participatory or other in the portfolio.
Pending the realisation of the assets in such winding-up the manager, trustee or custodian must on behalf of the collective investment scheme collect all income accruals in respect of such portfolio and must deposit and distribute the amounts collected in the manner prescribed in subsection (4).
Despite the provisions of the CompaniesAct,1973 (Act NO. 61 of 1973), this section and sections 103 and 104 of this Act must be applied to the winding-up of a portfolio of an open-ended investment company and none of the assets of a portfolio administered by such a company may be utilised for the payment of any claim of a creditor of the company.
STAATSKOERANT,28 JUNIE 2002 No.
23253 39 to continue the collective investment scheme for a period of time, direct the manager, trustee or custodian to postpone the realisation of any assets for such period or periods, not exceeding five years at a time, as the registrar may determine and, pending such realisation, to carry on the scheme in accordance with the registrar's directions and to collect and deal with all income accruals, bonuses and other distributions in accordance with subsections (4) and (5) of section 102.
(2)Amanager, trustee or custodian acting inaccordance with a direction of the registrar given in terms of subsection (1) may terminate his or her functionsas manager, trustee or custodian on giving six months' notice in writing to the registrar, and the registrar may thereupon appoint some other fit and proper person to take over the functions of the manager, trustee or custodian, subject to such conditions as the registrar may stipulate.
As remuneration for any services rendered in terms of this section a manager, trustee or custodian or a person appointed by the registrar to take over the functions of a manager, trustee or custodian is entitled to a fee, calculated at such rateas the registrar may determine, on all moneys received by him or her in carrying out his or her duties under this section, and the registrar may authorise the amount of such fee to be deducted, in such proportions as he or she may determine, from income accruals or any moneys realised by the sale of assets in terms of this section.
the assets of a portfolio.
Amanagermustopen and maintain a separateoperational trust account controlled by the trustee or custodian for each or for all the portfolios administered under its collective investment scheme at a registered bank and must on the date of receipt of any payment in cash, cheque, draft or other instrument fromor on behalf of an investor or on the first business day thereafter, deposit in such account either the cash, cheque, draft orother instrument by means of which such payment is made or, alternatively, deposit for same day value in such account funds equal to the amount of such payment.
Ib in terms of this Act, my other law and the deed: Provided that if after such withdrawal any deposited cheque, draft or otherinstrumentagainstwhich such withdrawal was made is not subsequently honoured, the manager must immediately pay the shortfall arising from such default into the operational trust account or cancel any participatory interest issued in respect of such defaulting payment.
Any excessremaining in the operational trustaccountafterpayment of or provision for all claims of investors whose funds have, or should have been deposited in such account, is not trust property as determined in section 71.
The division of the court having jurisdiction over a manager may, on application by an association, the registrar or by any other person having a financial interest in or claim against an operational trust account, on good cause shown, prohibit such manager from operating such account in any way and may appoint a curator to control and administer such account with such duties and powersin relation theretoas the court may deem fit.
to have the effect of inflating, depressing or maintaining theprice of a participatory interest.
by concealing material information at his disposal, induce another person to purchase or deal in a participatory interest.
I 10 108. A record purporting to have been made or kept in the ordinary course of the business of a collective investment scheme, or a copy of or an extract from such record dul!. certified to be correct, is on its mere production by the State in any criminal proceedings admissible as evidence of thefacts contained in suchrecord, copy or emact.
(a)A person who contravenes or fails to comply with any provision of this Act or any rule or directive of an association or regulation, or notice or directive under this Act is liable to any other person for any loss or damage suffered by that person as a result of such contravention or failure.
(I) The defences applying to an action for damages in respect of a breach of a statutory duty are available to any defendant in an action contemplated in paragraph (a).
(2)A person who contravenes a provision of section 106 or 107 is liable to pay damages to any other person who, by dealing in or purchasing a participatory interest, suffers a loss as a result of the difference between the price at which the dealing takes 25 place and the price at which it is likely to have taken place if the contravention had not occurred.
The amount of damages for which a person is liable in terms of subsection (2) is limited to twice the profit gained or likely to be gained, or loss avoided or likely to be avoided. by him or her as a result of the contravention.
in a casecontemplated in subsection (2), on the day of completion of the 35 dealing in which the loss occurred.
(5)The registrar may bring an action in a competent court in the name of, and for the benefit of, an investor or a specific group of investors for recovery of damages for aloss refened to in subsection (2).
Nothing contained in this section affects any liability which a person may incur 40 under the common law or any other law but any damages previously awarded in terms of this section which arise from the same cause must be taken into consideration for purposes of any further claim referred to in this subsection.
disclosure of thesourcefrom which the comment was obtained, or the information on which it was based.
STAATSKOERANT, 28 JUNIE 2002 No.
(I Except where this Act expressly provides otherwise, the application of the Cornpanies Act, 1973 (Act No. 61 of 1977), to a manager is not affected by this Act.
(2)(a)Sections 85 to 89 of the Companies Act, 1973, do not apply to an open-ended investment company.
Chapter VI of the Companies Act, 1973, does not apply to any offer of participatory interests to members of the public or to investors by an open-ended investment company or a foreign collective investment scheme approved in terms of section 65.
(3)In the application of section 357 of the Companies Act. 1973 (Act No. 61 of 1973), to a manager, the registrar is regarded as having been included amongst the persons to whom notice is required to be given under subsection (1)(b) of that section.
In the application of section 427(2) of the Companies Act, 1973, to a manager, section 346(4)(u) of that Act must be construed as if the words "or to the Registrat of Collective Investment Schemes appointed under the CollectiveInvestmentSchemes Control Act. 2002", had been inserted in that section after the words "shall be lodged with the Master".
The registrar may. in respect of any manager being wound-up or judicially managed, in writing direct the liquidator or the judicial manager, as the case may be, to furnish him or her with a copy of any particular account, return, statement or other document which the liquidator or the judicial manager is required under any provision of the Companies Act, 1973, to furnish to the Registrar of Companies or the Master, or to furnish him or her from time to time with copies of all or any of such accounts, returns, statements or documents as and when they are furnished to the said Registrar or to the Master.
Immediately after the confirmation of the final account in the winding-up of a manager, the Master of the High Court concerned must give the registrar notice thereof.
The Minister may delegate any power conferred upon him or her by this Act to the Director-General: Finance or any other officer in the National Treasury, the Financial Services Board. an association or the registrar.
authorise the chairman, the executive officer or any other officer or employee of the association to perform any duty assigned to the association by or under this Act.
authorisesuch officeror employee to perform any duty assigned to the registrar by or under this Act.
Any delegation under subsection (l), (2)(a)or (3)(a) does not prohibit the exercise of the power in question by the Minister, association or registrar, as the case may be.
Exemption from Act57 of 1988 113. The Trust Property Control Act, 1988 (Act No. 57 of 1988), does not apply in respect of a collectiveinvestmentscheme administered in terms of this Act.
The Minister may make regulations as to any matter which is required or permitted by this Act to be prescribed under this Act.
fb) prescribing. generally, any matter, whether or not connected with any matter specified in subsection (I), which it is necessary or expedient to prescribe or to regulate in order that the objects of this Act may be achieved andthe generality of this provision is not limited by subsection (1).
If the circumstances under which the managerof a collective investment scheme in securities may suspend the repurchase of participatory interests and the conditions of such suspension: Provided that any offer of participatory interests for repurchase by an investor, the aggregate amount or value of which does not exceed the amount specified by the registrar, on the day of such offer, is excluded any suspension.
determining, generally, any matter, whether or not connected with any matter specified in subsection (3), which it is necessary or expedient to determine in order that the objects of this Act may be achieved and the generality of this provision is not limited by subsection (3).
(5)Any matter which the registrar may or must determine in terms of this Act must be determined by notice in the Gazette.
(6)Fees which are by virtue of a provision of this Act payable. and interest so payable in respect of overdue fees, are a debt due to the Board and may be recovered by the registrar by action in any competent court.
A regulation may provide for penalties for a contravention thereof or failure to comply therewith.
failsto complywith any direction, requirement, notice, rule or regulation under any provision of this Act, is guilty of an offence.
Subject to the provisions of the Criminal Law Amendment Act, 1997 (Act No.
STAATSKOERANT, 28 JUNIE 2002 No. 23253 43 specifically provided, is liable to a fine or to imprisonment for a period not exceeding 5 years or to both a fine and such imprisonment.
Subject to subsection (2),the laws set out in Schedule 3 are hereby repealed or amended to the extentsetout in the third column thereof. (2) Anything done under any provision of a law repealed or amended by subsection (l), and which could be done under a provision of this Act, is regarded as having been done under the last-mentioned provision. (3) (a)A management company or a trustee which immediately before the date of commencement of this Act was registered as such under the Unit Trusts Control Act, 1981, is regarded, from the date of such commencementas being registered as a manager or trustee under this Act. (b)The registrar must issue to a manager or trustee referred to in paragraph (a)a certificate of registration in terms of this Act.
Short title 15 118. This Act is called the Collective Investment Schemes Control Act, 2002, and comes into operation on a date fixed by the President by proclamation in the Gazerre.
The investment policy to be followed in respect of each portfolio; the manner in which the assets of a portfolio are to be valued for purposes of calculating the selling and repurchase prices of participatory interests; the frequency of calculation of selling and repurchase prices of participatory interests, and the point in time at which such calculations will be performed on a specific day, which point will be referred to as the valuation point; if assets other than securities listed on an exchange may be included in any portfolio, the basis on which the market value of such assets is to be determined for the purposes of determining selling and repurchase prices; the manner in which and a point in time at which the valuation point will be applied either to the creation, sale, repurchase or cancellation of participatory interests; the manner in which distributions are to be calculated and settled; the limits, terms and conditions under which scrip may be lent; the limits, terms and conditions under which a manager may for the account of a portfolio borrow money; the charges that may be levied and the method of calculation of those charges; that not less than three months written notice shall be given to every investor of an increase in any charge, any change in the method of calculation which could result in an increase or the introduction of any additional charge; and the manner in which a deed may be amended.
that the repurchase of such participatory interests shallbesettledin accordance with conditions determined by the registrar under section 114(3) of the Act.
the manner in which a deed may be amended.
1990 the substitution in the defini-tion of "financial institution" for subparagraph (iii)of para-graph (a)of the followingsubparagraph:"(iii) a collective investment scheme as defined in section 1 of the Collective Investment Schemes Control Act, 2002, a manager, trustee or custodian registered in terms of that Act, annf such a manager."
Control Repeal of the whole. ment Act, 1998 Act No.
(bb)that every member must contribute to such fund.
(a)The association must as soon as possible after the granting of a licence, publish its rules in theGazette in English and any one other official language at the expense of the association concerned and furnish the registrar with a copy thereof.
it is consistent with this Act.
(c)The registrar must, after considering any objection contemplated in paragraphfl, approve or disapprove an amendment referred to in paragraph (b)within a period of 60 days after expiry of the period referred to in paragraph (f.
(d)If the registrar does not disapprove of an amendment referred to in paragraph (b) within a period of 60 days after expiry of the period referred to in paragraph (f),the registrar is regarded as having approved it and such amendment comes into operation on the day immediately following upon the date of expiry of the aforesaid period of 60 days.
(e)Upon receipt of an application for approval in terms of paragraph (b),the registrar must cause to be published at the expense one other of the association in English and any official language in the Gazette a notice setting forth the proposed amendment. cf, The said notice must call upon all interested persons (other than members of the association concerned) who have any objection to the proposed amendment to lodge their objection with the registrar within a period of 30 days from the date of publication of the notice in the Gazette.
A rule made under this section is binding on all members and on all officers or employees of members and on every person utilising the services of a member or who concludes a transaction with a member in the course of that member's business.
(v)adirection to a member to terminate theemployment of an officer or employee.
(b)The rule contemplated in paragraph (a) may also specify that full particulars regarding the imposition of a penalty must be published and that any member, officer or employee who contravenesor fails to comply witha rule may be ordered to pay the costs incurred in the investigation or hearing in question.
Whenever the registrar considers it desirable in the public interest, he or she may, after consultation with the executive committee of an association, amend the rules of that association by notice in the Gazette.
Subject to the prior approval of the registrar, an executivecommittee may suspend any of the rules of an association for a period not exceeding 90 days at a time and may during such suspension by resolution likewise approved issue a directive to regulate the matter in question until such time as an appropriate amendment of the rules can be made in terms of this item.
(6)Items 3 and 4 apply in respect of any contravention of or non-compliance with a directive.
Bonds Act,55 of 1981. This Bill will provide a comprehensive legislative frameworkto regulate and supervise thecollectiveinvestment industry based on internationally accepted principles and best practice.
The Bill willprovide a modem legislative framework forthe equityunittrust, property unit trust and participation mortgage bond scheme industriesin line with internationalbestpractice.
Portfolios 372 314 8 Number of investors 2 000 000 N/A NIA 83 346 "* S. A.
The first legislation for the regulation and supervision of the unit trust industry was promulgated in 1947 and has been amended several times in an attempt to keep abreast of developments within the industry and the needs of investors. To enable local industry to become morecompetitive, to remain competitive and to upgrade regulation and supervision of the industry, the revision of the current legislation has become necessary and in the public interest.
The Policy Board for Financial Services and Regulation, initsreview of the regulatory framework for financial services industries, amongst others, proposedthat all forms of collective investment schemes should be regulated by one act. This Act must also provide for the establishmentof new structures, which is not possible in the context of current legislation. The Association of Unit Trusts of South Africa ("AUT") conducted a survey of opinion of the unit trust industry, the South African regulatory authorities as well as other related institutions. The AUT reviewed the legislation and regulatory approaches of selected international authorities and the principles thereof. Workshops were held on the topic. The AUT, in consultation with the Financial Services Board, compiled a document setting out the principles within which the drafting of the legislation should take place. Subsequently a committee, representative of the Financial Services Board, consumers and the industry, was appointed which prepared the Bill.
independent custodianship of the assets and funds representing the interests of investors.
The Financial Services Board and the AUT believe that there is an urgent need for the introduction of the proposed legislation and that there are notable benefits to be gained for the South African economy as a whole.
Enhancement of regulation, supervision and investor protection.
These reasons are dealt with in more detail below.
The relaxation of exchangecontrol and the integration of international financial markets have resulted in a significant increase in the investment options available to local investors inforeignjurisdictions and has furthermore been expanded by the numerous foreign financial institutions which are now actively soliciting investments from local investors. There is no quantitative data to show crossbordermarket penetration in South Africa by value but the current structure, which limits unit trusts, to trust based vehicles only can be seen as a severe hindrance for local industry to compete efficiently with foreign competitors.
The proposed Bill therefore does not only set a regulatory framework which permits a diversification of trust based collective investmentschemes by allowing for more competitivecompany based collective investmentschemesthat are now prevalent internationally. It also provides for prudential requirements and for the inclusion, into the regulatory net, of other types of financially based collective investment schemesthat are not regulated at the moment.
The combination of trust structure, exchange control and taxation has, furthermore, also driven South African companies to establish off-shore investment companies and apply capital and skill to do business internationally.
It would be sensible to make it worthwhile for all those activities to be camed out in South Africa and to reverse the impression that South Africa is declining more and more as an investment destination.
It is internationally accepted that innovation is not possible within a trust-based collective investment scheme. Open-ended investment company schemes should allow much greater innovationin the collective investment scheme arena. Many such products already exist internationally and are sold to local investors. They are also used offshore by local companies but cannot be sold in South Africa at present. It would be beneficial to South Africa's balance of trade and employment prospects if these products could be designed locally and sold in the domestic and foreign markets.
The Financial Services Board and the AUT believe that the proposed legislation to allow for the diversification of collective investmentschemes would serve many worthwhile purposes.
The Bill does not have financial implications for the State.
The National Treasury and the State Law Advisers are of the opinion that this Bill should be dealt with in terms of section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
<fn>GOV-ZA.23267pservEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.232addressbyactingministerforcooperativegovernanceandtraditionalaffairsintcoponthebudgetvote20112012En.2012-02-10.en.txt</fn>
In an effort to enhance safe driving by heavy motor vehicles drivers, the department of Safety, Security and Liaison will hold a Driver Of The Year (DOTY) Competition. The DOTY competition is an annual contest that is initiated in various districts of the province and the winners from the districts will compete provincially.
The media is invited.
Die diens is gratis.
President Museveni is the Chairperson of the Great Lakes Initiative on Burundi, and President Mkapa is the Deputy Chairperson. They requested the facilitator to come and brief them on progress in the peace process.
<fn>GOV-ZA.23304En.2012-02-10.en.txt</fn>
Vol. 442 Pretoria 8 April 2002 No.
STAATSKOERANT, 8 APRIL 2002 No.
DEPARTMENT OF TRADE AND INDUSTRY No.
I, Alexander Erwin, the Minister of TradeandIndustry do hereby publish for general comment amendments to the Trade Metrology Act, 1973 (Act No. 77 of 1973) asset out in the Trade MetrologyAmendment Bill together withthe explanatory memorandum attached hereto.
STAATSKOERANT,. 8 APRIL 2002 No.
Words in bold type in square indicate from existing enactments.
To amend the Trade Metrology Act, 1973, so as to amend definitions; to change the provisions madefor standards; to prescribe new verification intervals for standards; toamend headings of sections; to substitute the word council by the word committee; to increase the penalties paid as a result of a contravention.
Amendment of section Iof Act 77 of 1973,as amended by sectionIof Act 34 of 1975, section Iof Act 15 of 1990, section Iof Act 17 of 1993 and section Iof Act42 of 1994.
by the substitution for the definition of "specifiedmeasuring instrument" of the following definition: 'I 'specified measuring instrument' means any measuring instrument of a class or kind specified by the director or any measuring instrument having a valid verification status and which has been repaired without having an affect on its accuracy or invalidating its status as a verified instrument, but not a measuring instrument which has been rejected in terms of section 25;".
Repeal of sections8 and 9 of Act 77 of 1973.
Sections 8 and 9 of the principal Act are hereby repealed.
Amendment of section 11 A of Act 77 of 1973, as inserted by section3 of Act 42 of 1994.
by the substitution for subsection.
"(1)The director or an in terms of section accredited laboratory designated 7 (2) shall provide for use by any inspector or verification officer such measuring standards (in this Act referred to as verification standards) as may be required by such inspector or verification officer for the purpose of carrying out his duties and functions under this Act."
Provided that verification standards of volume made of glass shall be reverified and certified within such. intervals as the director may deem fit.
Amendment of section 11 B of Act 77 of 1973, as inserted by section 3 of Act 42 of 1994.
by the substitution for subsection (1) of the following subsection: (1) Every measuring instrument, other than any verification standard, used by any inspector or verification officer for the purposes of carrying out his or'her duties and functions under this Act, shall be inspected and tested before being taken into use and thereafter at such intervals as may be prescribed by regulation, and a record of each such inspection and testing shall be made and kept by the director or accredited laboratory responsible for providing such measuring instrument to any inspector or verification officer.
I Amendment of section 10 of Act 77 of 1973.
STAATSKOERANT, 8APRIL 2002 No. 23304 7 of section 7 (11shall provide for use by an inspector or examiner such measuring standards (in this Act referred to as inspection standar'ds) as may in the opinion of the director be required by such inspector examiner for the purpose of carrying out his duties and functions under this Act.
by the substitution for subsection (2) of the following subsection: "(2) The valueof an inspection standard shall, with due allowance for the limits of error prescribed by regulation, agree with the value signified by the denomination of such inspection standard at the time of verification thereof [and shall be verified with regional standards and certified accordingly by theinspector in whose custodytheregional standards with which it is so verified are kept in terms of section9 (I)]."
be verified or reverified with such standards as may be approved by the director [regional standards and certified accordingly by the inspectorinwhose custody the regional standards with which any such inspection standardis so verified or reverified are kept in terms of section 9 (I)]: Provided that inspection standards of volume made of glass shall be reverified and certified within such intervals as the director may deem fit.
Amendment of section1Iof Act 77 of 1973.
Every measuring instrument, other than any [regional or inspection standard]masspiece or measure, used by the director or any inspector or examiner for the purposes of carjling out his duties and functions under this Act, shall be inspected and tested before being taken into use and thereafter at such intervals as may be prescribed by regulation, and a record of every such inspection and testing shall be made and'kept by the director or [theinspectorreferred to in section 9 (I)] oricianization appointed in terms of section 7(1).
Amendment of section 18 of Act 77 of 1973, as amended by section 1 0% Act 44 ~f''I984.
Section 18 of the principal Act is hereby amended by the substitution for subsection (5) of the following subsection: "(5) The director shall, after consultation with the [council] committee, decide on the issue of any certificate referred to in subsection (2) and may cause to be made known particulars of any such certificate in such manner as he may deem fit.".
Amendment of section 22 of Act 77 sf 1973, as amended by section 2 of Act 14 sf 1984 and section 42 of Act 17 of 1993.
Section 22 of the principal Act is hereby amended by the substitution forthe heading of the following heading: "Fees to be charged by inspectors a1-14" accredited laboratories.".
Amendment of section 23 sfAct 77 of 1973, as amended by section 7 of Act 34 of 1975.
Section 23 of the principal Act is hereby am, ended by the substitution fer subsection (5) of the following subsection (5) of the following subsection: (5) Any decision by the director under this section shall be given by him after consultation with the [council] committee.
Amendment of section 24 of Act 77 of 1973, as amendedby section 10 of Act 15 sf 1990 and section 14 ofAct 17 of 1993.
(2) Any decision of any inspector under this section shall be liable to revision by, and subject to appeal to, the [council] committee.
(3)Any costs incurred by the SABS council in connection with any appeal which in the opinion of the [council]committee is base on frivolous grounds, shall be borne by the appellant.
Amendment of chapter VII of Act 77 of 1973 as amended by section 12 6.4 Act 42 ad 1994.
STAATSKOERANT, 8APRIL 2002 No.'
Amendment of section 42 ofAct 77 sf 1973, as amended by section 1%of Act 34of 1975, section 3 of Act 14 of 1984,section 18 of Act 17 of 1993 and section 14-Of Act 42 Qf 199.4.
I: (c)prescribing conditions for the supply, care, and'custody, verification certification of all classes of measuring standards and measuring instruments referred t~ in sections 8, 9, IO and 11 [IIA and I1B].
a3. Section 43 sf the principal Act is hereby amended by the substitution therefor of the following section: "43. Any person who contravenes or fails to comply with any provisionof this Act shall be guilty of an offence and shall, be liable on a first conviction to a fine not exceeding [one] two hundred thousand rand or imprisonment for a period [not exceeding six months,] decided by the court, and on a second or subsequent conviction to such fine ar [such]imprisonment without the option of a fine."
TITLE: TRADE METROLOGY AMENDMENT BILL, 2002 1.
The purpose oftheamendments to the Act is to amend definitions, to change the provisions made for standards, to prescribe new verification intervals for standards, to amend headings of sections, tosubstitutethe , word "council" by the word "committee" and to increase the penalties paid as a result of a contravention.
Repeal of sections8 and 9, which require the maintainingof departmental and regional standards respectively. These are no longer required as the SouthAfricanBureau of Standards (SABS)laboratorystandardsare directly.traceable to the national standards at a higher accuracy classthan previously required, Previously, SABS was responsible for traceability of standards but they now work in terms of the SANAS accreditation.
Sections 11A and I1B are renumbered as Sections 8 and 9 respectively andamended to include\standards used bySABSinspectors.
SABS 1697 and SABS 1698, which deal with verification standards, have been published, all standards used in terms of the Act must comply with these. Thiswill level the playingfieldbetweenSABSandAccredited Laboratories.
Section 11 is amended to bring it in line with the new sections 8 and 9 and theamendedsection 10. Thenewsection 10 refers to measuring standardsthereforesection 11 needs to be amended to remove any reference to regional and inspection standards. The repealedof section 9 referred to regional standards, whereasthenewsection9does not, requiring the deletion of the reference. The amendment also now includes other organizations that may be appointed under the Act and who should also use accurate instruments.
Section 18 is amended by replacing the word "council" with "committee.". With the transfer of the trade metrology function to the.
Committee. the amendment changing of the word "council" to "committee" whereit appeared in various section of the Act, was omitted.
2.8Amendment of Section 23 of Act 77sf 1973,as amended by Section 7 of act 34.
Section 23 is amended by replacing the word "council" with "committee" for reasons specified in paragraph 4.6 above.
2.9Amendment of Section 24 of Act 77 of 1973,as amended by Section IO of Act 15 of 1990and Section 14of Act 17of 1993 Section 24is amended by replacing the word "council" with "committee" in subsections (2)and (3)for the reasons specified in'paragraph 4.
Sections 1la and 1 1bhave been renumbered to sections 8 and9 respectively and the amendment to section 42 deletes sections 1la and 1Ib, which no longer exist.
Section 43of the Act is amended to increase the penalty for contravention of theActfrom one thousand to two hundredthousandRand. This is necessary as the current fine is no deterrent and is paid gladly.
<fn>GOV-ZA.233ncopbudgetvotedebatetowardsacceleratingservicedeliveryEn.2012-02-10.en.txt</fn>
Limpopo Premier Sello Moloto will tomorrow, Tuesday, 4 November 2008 receive a courtesy call from the Vice Governor of Yunnan province of the People's Republic of China. The courtesy call by the governor comes after the visit by Limpopo Premier to the Republic of China last month. During the visit, officials from both provinces will identify other possible co-operation projects between Limpopo and Yunnan province.
URL: http://www.info.gov.za/speeches/2008/08110316151002.
Limpopo Premier Sello Moloto has conveyed condolences to the family of Professor Es'kia Mphahlele who is a well-known South African intellectual and a literary giant of international acclaim. Professor Es'kia Mphahlele died last night at his home in Limpopo, Lebowakgomo. In 2000, Professor Mphahlele was acknowledged as Writer of the Century by Tribute Magazine.
URL: http://www.info.gov.za/speeches/2008/08102912151001.
URL: http://www.info.gov.za/speeches/2008/08102816451003.
Results: 1 to 20 of 76 (104467 searched in 0.096.
<fn>GOV-ZA.23423En.2012-02-10.en.txt</fn>
The Departmentof Housing hereby publishes thedrafl Community Reinvest (Housing) Bill, 2002 for public information, discussionand comment.
"financial institution" means any bank or mutual bank registered as such under the Banks Act, 1990 (Act No. 94 of 1990), or the Mutual Banks Act, 1993 (Act No.
"NHBRC" means the National Home Builders Registration Council established under section2 of the Housing Consumers Protection Measures Act, 1998 (ActNo.
"Office" means the Office of Disclosure establishedin terms of the Home Loan and Mortgage DisclosureAct, 2000(Act No.
report to the Minister andto the public; and request and review a business strategy for any financial institution if this is necessary for the Officeto properly carry out its functions.
8 No.
provide funding directly to niche market lendersto make available for end user loans.
use different standards for pooling or packaging home loans.
Performance and ratings reinvestment for housing.
TheOfficemustincludein its annualreporttotheMinister, a section outlining the actions it has taken to carry out its responsibilities in terms of this Act.
TheMinistermay also exempt a financialinstitutionor a category of financial institutions, from any or allof the requirementsof this Act for a specified period of time, based on the size or period of existence of the institution.
A person andlor financial institution convicted of an offence in terms of subsection (1) is liable to a fine not exceeding R500000,OO.
<fn>GOV-ZA.23438En.2012-02-10.en.txt</fn>
The Ministerof Health intends to table the Medicines and Related Substances Amendment Bill, 2002, in Parliament this year, 2002.
Interestedpersonsareinvited to submit anysubstantiatedcomments or representations on the proposed Bill to the Director-General: Health, Private Bag X 828, Pretoria, 0001, within a period of onemonthfromthe date of publication of this Notice.
To amend the Medicines and Related Substances Act, 1965, as amended, so as to provide for some definitions, to provide for the appointment of a Deputy Registrar, to provide for a term of office of members of the Pricing Committee, to provide for the delay of the coming into operation manufacture, act as a wholesaler or distributor; to provide that appeals against the decisions of the Director-General and the council shall be to the Minister; to provide for a Marketing Code for pharmaceutical companies, to provide that the powers of inspectors shall be exercised pursuant to a warrant issued by a magistrate or a judge of the High Court or without a warrant in certain instances; and to provide for matters connected therewith.
(c)bythesubstitution in subsection (1) forthedefinition of"practitioner" of the following definition: "practitioner"meansapersonregistered as suchunderthe [Chiropractors, Homeopaths and] Allied Health [Service] Professions Act, 1982 (Act No.63 of 1982).
12. (1)The Minister may. after consultation with the Council. appoint a Reaistrar and one or more DeDutv Reaistrars.
2The Reaistrar shall perform the functions and carry out the duties assianed to or imposed upon the Reaistrar bv or under this Act and such other functions and duties as may from time to time be assianed to or imposed won him or her bv the Minister. council or Director-General.
18C. 11The Minister shall, after consultation with the pharmaceutical industry and other practices of pharmaceutical companies.
"(8) Subject to subsection (9) [a Schedule 7]or Schedule 8 substance shall not be acquired by any person other than the Director-General for the purpose of providinga medicalpractitionertherewith, ontheprescribedconditions for thetreatment of a particular patient of that medical practitioner upon such conditions as the Director-General, on the recommendations of the council, may determine."
"(a) No person shall import orexportaSchedule6, Schedule7orSchedule 8 substance or other substance or medicine prescribed for that purpose unless a permit has been issued to him or her by the Director-General in the prescribed manner and subject to [prescribed] conditions as may be determined bv the Director-General."
"(7) Subsections (5) and (6) shall comeintooperation [six monthsafterthe] twelve months from the date of commencement of this section."
"the [Director-General] Department or the council, as the case may be, may by way of a notice in writing call upon him or her to show cause within the period specified in the notice, which period shall not be less that 20 daysasfromthe revoked."
"(3) Any wholesaler may in the prescribed manner andon the prescribed conditions be exempted by the [Director-General] Deoartment from the provisions of subsection(l)."
"(1) Any personaggrieved by thedecision of theDirector-General, Le Departmentorthecouncil, asthecasemaybe, may, withintheprescribed period, in the prescribed manner and upon payment of the prescribed fee, appeal against such decision to [an appeal committee appointed by] the Minister for the purposes of the appeal concerned."
Amendment ofsection 25 of Act 101 of 1965 as substituted by section 32 of Act 88 of 1996 25.
9(1) or 226(1) or any member of the council or of any such committee shall not be liable in respectof anything done in good faith under this Act.
(1)For the purposes of the administration of this Act, a maaistrate or aiudae of the Hieh Court may, on application bv an insDector contemplated in section 26.
search any person Dresent on the premises. provided that such search is conducted bv an officer of the same aender as the person being searched, seize any such medicine, documents or thinas: and in carrvinq out any such search, open or cause to be oDened or removed and opened, anvthina in which such officer suspects any medicine. documents or thinasto be contained.
An application under subsection(1)shall be supported bv information SUDDlied under oath or solemn declaration, establishinn the facts on which the aDplication is based.
6 Anv inspector who executes a warrant mav seize, in addition to the medicines, documents or thinas referred to in the warrant, any other information, documents or thinas that such officer believes on reasonable arounds afford evidence of the non-compliance with the this Act.
18 The inspector, who shall take reasonable care to ensure that the medicines, documents or whichever event occurs last.
The person to whose affairs any medicine, documents or thinqs seized under this section relate, may examine and make extracts therefrom and obtain one copy thereof at the expense of the State durinq normal business hours under such SuDervision as the inspector may determine.
Amendment of section35 of Act 101 of 1965 as substituted by section 31 of Act 65 of 1974, as amended by section3 of Act19 of 1976, section 14 of Act 17 of 1979, section 7of Act 20 of 1981, section 7 of Act71 of 1991, section 16 of Act94 of 1991 and section 23 of Act 90 of 1997 15.
To provide for the reqistration of medicines intended for human and for animal use, for the reqistration of complementary medicines, for the registration of certain medical devices, for the establishment ofa Medicines Control Council:to provide that such Council shallbe a iuristic person, to make other provision for the constitution of the Council, to provide that a member of the Council or committee shall declare his or her commercial interest related to the pharmaceutical or health care industw, to provide that the appointment of members of the executive committee shall be subject of the approval of the Minister; to provide for the control of medicines. complementarv medicines, Scheduled substances and certain medical devices: to make further provision for the prohibition on the sale of evaluation of all medicines after five Years.
Repeal of Act132 of 1998 17. TheSouthAfricanMedicinesandMedicalDevicesRegulatoryAuthorityAct, 1998, (Act No.132 of 1998) is hereby repealed.
I come into operation on a date to be determined by the President by proclamation in the Gazette.
<fn>GOV-ZA.234cooperativegovernanceandtraditionalaffairsdisastertrekeepingaclosewatchovercurtdisruptiveweather2En.2012-02-10.en.txt</fn>
Secure and sufficient energy requirements for both domestic users and investors.
Shortage of scarce skills.
As indicated in this report, backlogs, both in terms of service delivery and maintenance, are still a challenge.
Backlogs to be eliminated (number of households not receiving minimum standard of service) 934 500 934 100% of formal and informal households are receiving basic solid waste removal services. The Municipality does not provide this service to farms (1648 farm portions are located outside the urban edge of Nelson Mandela Bay. If these are taken into account, 99,5% of households have access to solid waste removal).
<fn>GOV-ZA.234cooperativegovernanceandtraditionalaffairsdisastertrekeepingaclosewatchovercurtdisruptiveweatherEn.2012-02-10.en.txt</fn>
The fierce cut-off low weather system is responsible for the current extreme cold weather and heavy rainfall which has caused havoc in some part of the country. The NDMC has set all disaster management partners on an alert mode to enable a swift response in the event where heavy rainfall results into more flash floods. Limpopo, Western Cape, Gauteng and Free State provinces already have their joint operating centres activated and are closely monitoring the situation on the ground to assist people affected by flash floods.
The latest reports from provinces indicate that there have been no fatalities or injuries as a direct result of the current extreme cold and rainy weather.
The Tshamahansi village in Mogalakwena Municiaplity was affected by the strong winds which resulted to seven households, 30 people, two shops and four houses being affected. The Provincial Disaster Management Centre, Red Cross and municipality in the province have distributed blankets and food parcels to affected people.
Pixley ka Seme District Municipality has experienced strong winds which have blown off the roofs of 13 houses and one school. There are, however, no injuries or fatalities reported and the municipality will provide the tents to the affected.
There are no major incidents reported from other provinces as a direct result of the cut-off low pressure weather system which is causing the current flash floods and cold weather.
Issued by the Department of Cooperative Governance and Traditional Affairs (CoGTA).
<fn>GOV-ZA.235cogtaactingministernathimthethwasaddressatthelaunchofcouncillorsinductionprogrammeinjohannesburgEn.2012-02-10.en.txt</fn>
Most poignant about this day is that it was the birthday of one of the stalwarts of this country's liberation struggle, Tata Walter Sisulu, and South Africans honoured this icon by coming out in their numbers to strengthen and deepen the democracy Cde Walter Sisulu had given his life to.
That no less than 57% of the estimated over 22, 7 million eligible voters came out to cast their ballots across the length and breadth of our country on that day is testimony to the fact that the struggle he had dedicated his life to had not been in vain.
It was also the day that his life partner and comrade, Mama Albertina Sisulu, had joined these millions of fellow South Africans as she cast what was to be her last ballot in deepening the democracy her family had sacrificed so much for.
Less than a month after this honourable mother of the nation had exercised this inalienable right she had fought for, Mama Sisulu passed on, leaving a gaping wound on the nation.
It is indeed clear that the people of our land are growing alive to the fact that the time for taking matters that affect them for granted is over. Be it about service delivery; the fight against crime and corruption; the creation of decent jobs especially at a local level they shall be there and make their voices heard.
Equally, when it is about ensuring the provision of decent education and the provision of quality health services for themselves and their children, people are coming forward to make their mark.
We can all agree that with this most recent election, the voices of the people were indeed loud and clear: South Africans are saying they are here to make participatory democracy be about themselves, by themselves and for themselves.
Ladies and Gentlemen, this Councillor Induction Programme (CIP) we are launching here today should therefore be alive to these voices from our diverse communities out there, and ensure that the newly elected Councillors do indeed live up to the hopes and aspirations that the millions of South African people have entrusted upon them.
As CoGTA, working closely with SALGA and other key stakeholders in the Local Government sector, we remain committed to ensuring that we build A New Cadre of a Councillor.
When we say that, we simply mean a Cadre who will work smarter, harder and faster to deliver to citizens. A Cadre who will listen, consult, work closely with the communities at all times and a cadre who will respect the importance of continuous two-way communication with communities that have put them in these positions of leadership.
A cadre who is selfless in the service of one's people, who also believes and is guided by the principles of Batho Pele. The one who will not be asking which side is the bread buttered, but where duty lies. We have recently noticed instances where councillors campaign for themselves shamelessly for higher offices.
Communities where such individuals hail from should know that these are not the kind of Councillors who have their interests at heart. We need a cadre who above all will live up to the objectives of the Delivery Agreement on Outcome 9: that of achieving a Responsive, Accountable, Effective and Efficient Local Governance System!
This is a very valid expectation by our communities and a very achievable one for elected public representatives who are committed to a better life for all! Do not disappoint the people who elected you into these positions of responsibility because they trusted the party that you represented as the one to deliver on the electoral mandate.
The newly elected Councillors stand in a better place than their predecessors to take us to that better life faster. They have observed and learnt the necessary lessons over the past seventeen years of our democracy; as well as during the 10 years of democratic local government.
They are also fortunate in that they come into these positions of responsibility at a time when the government, led by His Excellency, President Jacob Zuma, has made it clear that every public office bearer shall be closely held accountable.
Monitoring and evaluation of performance is getting tightened. Accordingly, clearly defined outcomes shall be used to measure Ministers, MEC's, Mayors, and Councillors. Ladies and Gentlemen, accountability is now the name of the game.
Honourable Guests, through the Report on the State of Local Government in South Africa, which CoGTA published in September 2009, we further did a comprehensive diagnosis of the challenges faced by Local Government.
We have thus accordingly put in place the Local Government Turn Around Strategy (LGTAS) to address those challenges systematically and consistently.
The LGTAS interventions are aimed at restoring the confidence of the majority of citizens in our municipalities, as the primary expression of the developmental state at a local level.
The goal, ladies and gentlemen, is to rebuild and improve the basic requirements for a functional, responsive, efficient, and accountable developmental local government.
At a local level, the Municipal Turn Around Strategies (MTAS) have been developed and customised to the individual and specific challenges of each municipality.
We have also set out clear Outcomes that we seek to achieve by 2014, which have become the Service Delivery Agreement between the President and the CoGTA Minister; the CoGTA Minister and the provincial CoGTA MECs, the MECs and the Mayors.
In essence, we have laid a solid foundation for close cooperation between the various spheres of government to deliver quality services on the basis of a common and shared vision.
It is now time for a Responsive, Accountable, Effective and Efficient Local Government!! This will determine your performance and the performance of government in delivering to the people!
One of the key pillars of the LGTAS and MTAS is to work towards attaining clean audits by 2014. It therefore becomes crucial that you lead from the front on the"Operation Clean Audit 2014" campaign.
The campaign will be intensified to promote unqualified audits from every municipality. It is with a sense of pride and joy that we can count a number of municipalities as shining examples of what can be achieved when we work together towards a clean administration.
The Ehlanzeni District Municipality, Steve Tshwete Local Municipality and Victor Khanye Local Municipality all in Mpumalanga, the Metsweding District Municipality in Gauteng, Frances Baard District Municipality in the Northern Cape, Fetakgomo Local Municipality in Limpopo and Cape Town in the Western Cape all received Clean Audit reports from the findings of the Auditor-General in the 2009/2010 financial year.
The AG even commended the active leadership role of Mayors and Councillors in their oversight to improve governance and financial management systems in these municipalities. Nothing stops the rest of the municipalities from achieving the same.
At the national level, the Department will continue to strengthen its relationship with the office of the Auditor General. We will also continue to collaborate with provinces in providing support and monitoring of municipalities to improve their audit outcomes.
We would like to assure you all of our unwavering commitment and support which will include training and development programmes for Councillors.  We are more than convinced that Working Together We can Do More and shall therefore do all in our power to make sure that indeed Local Government does become Everybody's Business.
Local Government is the sphere that touches our lives from waking up in the morning to when we switch off our lights to go to sleep. It is the coal-face of government performance, and has the potential to either make or break the public perception of their government.
This is a mammoth task that our communities have entrusted our councillors with, and for Councillors to succeed, collaboration between all spheres of government, the private sector, other civil society bodies and importantly, our communities is a non-negotiable.
The decisions you make will impact directly on many aspects of our lives, our communities and our local environment, both now and into the future.
We are of the view that this Induction should enhance your knowledge of the sector, increase your awareness and knowledge of the current priorities in line with government priorities and programmes at a broader level; and to also sensitise you to urgent issues of service delivery and infrastructure backlogs.
The Induction Programme should therefore complement and strengthen that knowledge to make your interventions that much more relevant, focused and urgent.
We wish you all the best and assure you of our ongoing support as you begin your noble function as servants of our communities around the country.
<fn>GOV-ZA.235nhlapocommissionreportEn.2012-02-10.en.txt</fn>
Stemming the rising tide of retrenchments would be very critical if South Africans were to weather the threat that the global economic crisis was currently posing to its hard earned jobs and wage security gains, Labour Minister Membathisi Mdladlana warned today.
URL: http://www.info.gov.za/speeches/2009/09031915451003.
A decade ago we heralded in a new landscape for skills development through the Skills Development Act, the Skills Development Levies Act, the South African Qualifications Authority (SAQA) Act, and the very first National Skills Development Strategy.
URL: http://www.info.gov.za/speeches/2008/08110415451001.
URL: http://www.info.gov.za/speeches/2008/08101614151002.
<fn>GOV-ZA.23604En.2012-02-10.en.txt</fn>
The Minister for Justice and Constitutional Development intends introducing the Constitution of the Republic of SouthAfrica Third Amendment Bill, 2002, in the National Assembly. The Bill is hereby published for public comment in accordance with section 74(5)(a) of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996). Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister for Justice and Constitutional Development. Comments should kindly be directed to the attention of Mr J J Labuschagne, Private Bag X 81, Pretoria, 0001, by not later than 7 August 2002.
! Words in bold type in square bracketsindicateomissions from existing enactments.
To amend the Constitution of the Republic of South Africa, 1996, to provide for Bills regulating certain financial matters to be dealt with in Parliament in terms of section 76(1) of the Constitution; to provide for the change of the name of the Northern Province to Limpopo Province; to further regulate provincial supervi-sion of, and intervention in, local government; to further regulate the process of review by theNationalCouncil of Provinces wheretherehasbeennational executive intervention in provincial government and provincial executive interven-tion in local government; and to provide for matters connected therewith.
Amendment of section 76 of Act 108 of 1996 1.
"(b) envisaged in Chapter 13,and which [affects] includes provisions affecting the financial interests of the provincial sphere of government.".
Amendment of section 100 of Act 108 of 1996 2.
(i) unless it is approved by the Council within [30] 180 days of its first sitting after the intervention began: 2 if it is disapproved by the Council earlier: and 20 the Council [must] may review the intervention regularly and may make any appropriate recommendations to the national executive.
Amendment of section 103 of Act 108 of 1996 3.
of subsection (1) of the following paragraph: "(8) [Northern Province] Limpopo Province".
(b) approve a budget or revenue-raising measures giving effect to the budget:--.or.
fulfil any other obligation specified by an Act of Parliament, the serious or persistent breachof which threatens the health and safety of residents of the municipality, 15 the relevant provincial executive may intervene by taking any appropriate steps to ensure fulfilment of that obligation [, including-].
to maintain economic unity.
(3)If a municipality.
assuming responsibility for the implementation of therecovery plan: and approving a budget and revenue-raising measures giving effect to 40 the recovery plan.
(4)Section 100applies if a provincial executive cannot or does not fulfil an obligation in terms of subsection (3).
(d)theCouncil [must] may reviewthe inteVentiOn regularly and may make any appropriate recommendations to the provincial executive.
the implementation of this section.
This Act is called the Constitution of the Republic of SouthAfricaThird AmendmentAct, 2002, and takes effect on a date determined by thePresident by proclamation in the Gazette.
simplify the process of review by the National Council of Provinces where provincial executive interventions in local affairs have taken place: and address financial crises in municipalities; and secondly, to change the name of the Northern Province.
The proposed amendment to section 76(4)(b) seeks to avoid the splitting of a Bill, dealing with legislation contemplated in that section, into sections 75 and 76 Bills where some provisions of such a Bill affect the financial interests of provinces and others do not. The effect of the proposed amendment would be that all Bills envisaged in Chapter 13 of the Constitution that contains even a single provision affecting the financial interests of the provincial sphere of government, will in future be dealt with in accordance with the procedure set out in section 76(1) of the Constitution. However, this amendmentdoes not affect the parliamentary procedure formoney Bills which is regulated by sections 76(6) and 77(2) of the Constitution.
The proposed amendment to section 100 is aimed at simplifying the review process by the National Council of Provinces of an intervention by the national executive in a province in terms of that section. The proposed amendment further relaxes the time frames within which such an intervention must lapse. It also grants the National Council of Provinces a discretion to review the intervention on a regular basis.
Section 104(2) of the Constitution provides that the legislature of a province, by a resolution adopted with a supporting vote of at least two thirds of its members, may requestParliament to change the name of that province. On 12 February 2002the Legislature of the Northern Province resolved to request Parliament to change the name of that Province from "Northern Province" to "Limpopo Province". A request to that effect was subsequently made to Parliament in accordance with section 104(2) of the Constitution. Clause3 seeks to amend section 103 of the Constitutionso as to give effect to that request.
fulfil any other obligation specified by an Act of Parliament, the serious or persistent breach of which threatens thc health and safety of residents of the municipality.
2.4.2.1 The proposed new section 139(3) seeks to provide a missing piece in the Government's overall strategy for dealing with municipal financialproblems as discussed in the "Policy Framework for Municipal Borrowing and Financial Emergen- cies" which was published on 28 July 2000 in Government Gazette No. 21423. The intention of that policy framework is to provide a comprehensive approach to resolving financial crises in municipalities. Financial recovery usually requires the adoption or modification of municipal budgets, taxes and tariffs, which areregarded as being legislative matters. In terms of the Constitution only a municipal council can act in such legislative matters. However, there will be cases in practice where a municipal council cannot or will not act, and it is therefore necessary to provide an alternative in order to implement a financial recovery plan.
2.4.2.2 The new section 139(3) therefore provides that if a municipality, as a result of a crisis in its financial affairs, is in a serious or persistent breach of its obligations to provide basic services or to meet its financial obligations. the provincial executive must intervene by taking effective steps to resolve the crisis, which may include the adoption of a recovery plan for the restoration of the municipality to financial health. The municipality would be required to implement the plan itself, but if it fails todo so, the provincial executive would assume the responsibility for the implementation of the recovery plan. The recovery plan would regulate, and to the extent necessary to resolve the crisis, limit the municipality's executive and legislative powers over the budget and revenue-raising measures. If the provincial executive fails to fulfil its obligation in terms of the proposed new section 139(3), the national executive may, in accordance with section 100 of the Constitution, intervene by issuing a directive to the province that it must act, or by assuming responsibility where this is necessary.
The proposed amendment to the existing section 139(2) (theproposed new section 139(5)) is aimed at simplifying the review process by the National Council of Provinces of an intervention by a provincial executive ina municipality in terms of that section. This proposed review process of interventions in terms of this section is similar to that proposed inrespect of interventions in terms of section 100. The proposed amendment further extends the period within which the Cabinet member responsible for local government affairs may end an intervention.
The State Law Advisers and the Department of JusticeandConstitutional Development are of the opinion that the proposed amendments fall within the ambit of section 74(3)(b) of the Constitution and consequently require the approval of both the National Assembly and the National Council of Provinces.
<fn>GOV-ZA.23633En.2012-02-10.en.txt</fn>
CONTENTS --.
To provide for the establishment of the NationalPorts Authority; and to provide for matters connected therewith. . . ~..
Preamble . ,.,.
RECOGNISING'that, Ports and harbours-are*ournational.
Promote the development of anefflcientand productive South African port induitry.
Objectives of Act .-~ . ....
The Authority's financial year ,..
Ports Board ..
Composition'of the Board andtermsandconditionsof.
Termsofoffice of members of the board.
Disclosure of interest bymembers of board . ..
28. budget'and corporate plan .,.
Transfer-of ports and other real rightsto National Ports Authorityland of Transfer.
transfer 34. Effect to of authority from state licenses of 37.
Licensing, authorizing provisionof port services and facilities, Conditions -. Restrictionson of license ...
Modification of conditions of license cancellation,.
license Engagementof any person by theNationalportsAuthorityfor carrying out duties of licensed operators Directives affecting licensed operators and other persons Duties of licensed operators Routine inspections Special powers in emergency Existing operators handlingOffshore ...
"light. dues" means charges levied by the port authority to recover the cost.
"port" means a place, whether proclaimed a public harbour or not, and whether natural or artificial, to which ships may resort for shelter toorload or.
"port users" to direct portusers (shp owners), indirect port users (importers/exporters), intermediate port users (agents) and final port users (producers and. consumers).
"vessel" means any ship or boat of any kind whatsoever, whether propelled by steam, diesel or otherwise "vessel Traffic Sehices" means a system used to regulate and control vessel traffic to protect the environment . . -,..
business, within the meaning of the Companies Act and the.PFMA.
The shareholding Minister, who represents the State, will sign the memorandum of association, articles of association and all other documents necessary in connection with the formation. and incorporation of the comphy; and . . . -, ...
The Registrar of Companies must register the memorandum of association and articles of association as signed by the Shareholding Minister, and incorporate the Authority as a public company under the .-. name 'the NationalPorts Authority of South Africa',with the State as its only member and shareholder and issu, e to the company a certificate to.
The memoraadum of association and articles of association of the Authority must be drawn up in such a manner-that the contents thereof are consistent with this .. Act. In the event of an inconsistency betweenthe memorandum of association or articles of association and the provisionsof this Act, the provisionsof this Act will prevail.
Despite the provisions of the Companies Act, an amendment of the memorandum.
Act has been amended accordingly and that amendment has come into effect.
Subject to the provisions of subsection (2), the provisions of the Companies Act which are not in conflict with this Act, apply to the Authority.
because of any special or contrary arrangement made by this Act, such a provision-is clearly inappropriate-or inapplicable;.
The shareholding Minister, on the recommendation of the Authority, may from ''-time to time request the Minister of, Trade and Industry to dechre any particular provision of the Companies Actto be inapplicable to the Authority.
The request contemplated in subsection (1) must be fully motivated, and the necessary particulars relating to the request must be made known by the Registrar of Companies, together with the motivation thereof, by notice in the Gazette.
The Authority's financial year will befrom.1April in any year to 31March in the year following year, both days included.
Despite the provisions of any other law, the Authority may not be placed under.
judicial management or liquidalipn, except if authorized by an Act of Parliament -' specificallyadoptedpurpose. for that..
Companies Act.
prepare and periodically update a port development framework plan for each port, which shall reflect the ports Authority's policy for port development and land use;.
maintain the sustainability of the ports and their surroundings; ...
the enhancement of safety and security within the port limits enter into concession contractsand public private partnerships agreements for the provision of port and cargo handling services by qualified and licensed operators; ensure that adequate and efficient port services and facilities are provided exercise concession, licensing, regulating and controlling functions in respect of services and facilities in the port estates not supplied by the ports; ensure that any personwho is required to render any port services and facilities is ableto provide those services and facilities efficiently; promote efficiency, reliability and economy on the ofpart the licensees in accordance with, recognised international standards and public demand; prescribe the limits within which and the levels to which dredging may be carried outin the ports and the approaches thereto; provide tugs, pilot boats and otherfaciwies and services for the navigation and berthingof vessels in the ports; prescribe tariffs; rates; charges and dues for services provided by the Authority, the individual ports or service providers;..
sector, port servicesarid port facilities; !
of international obligations; ....
I- outside port limits; perform all other functionsas prescribed by this Act; promote research and development in the spheres of port servicesandfacilities;.
The Authority must do everything necessary for the' effective and economic.
Co-operative governance...
To gwe effect to the principles of co-operative government and inter-.
The Authority must conclude a co-operative Memorandum of Understanding with every relevant organ of state to give effect to the co-operation contemplated in subsection(1).
dispute resolution inrespect of the interpretation or application of co-operative agreements referredto in subsection (3).
In addition to the functions imposed by this Act, the Authority may undertake any.
Without limiting its powers referred to in subsection (l),the company has the power to raise or receive income from sources other than levies, charges and dues, included, but not limited to, the power to enforce any contract providing for.
such raising or ' receipt of home. Borrowings shall be dealt with in accordance with Section(66)of the PFMA.
Part 1 15. The National Ports Authority Board.
.. this Act, by a board of directors?
directors-of board12 The..
Powers of National Ports Authority Board. -.
The board represents the Authorityand'all actions performed by the board in terqu of this Act and within its authority are deemed the actions of %e Authority.
extension of the ports;.
approves the appointment of other senior executive employees of the Authority; and.
gives effect to the State's national commercial ports policy.
Composition of National Port Authority Board.
The board of directors is to be appointed by the shareholding Minister.
Members of the board may not represent particular interests of a certain group, but must promote the harmonious development and improvement of the-ports, to the benefit of all the-users.
Nomination of National Port Authority Boardof Directors.
into any or received him or her as a result.
of such notice.
he/ she is disqualified to serve as a directorinterms of the provisions of the Conlpanies Act61 of 1973.
The chairperson may hold office for a period of five years'fiom the date of appointment. ~..
each member of the board may hold office for aperioa determined by the Shareholding Minister, but not exceeding three years.
A member or chairperson of the board may resign by giving one month's written notice to the Shareholding Minister.
the Shareholding Minister mayfill vacancies on the board as soon as it is reasonably possible or practical.
Disclosure of interest by members of board.
the disclosure contemplatedinsubsection (1) mustberecordedin the.
Meetings of board.
Theboardmustelectadeputy-chairperson at its frst meeting andthe deputy-chairperson appointed may, subject to such directions. as may be chairperson; the ...
Alldecisions'ofthemajority of the, directors of the.
In the case of an equality of votes, the chairperson hasa casting vote and is obliged to exercise such vote to break a deadlock..
(c)mustbecommunicated to-the delegatee inwriting. the written communication must contain full particulars of the matters being delegated and of the conditions determined under paragraph (a),.. if any, where the powerof sub-delegation is also conferred, must statethatfact as well as any, conditionsdeterminedunder paragraph(b),ifany..
Part 2 24. Appointment of Executive Chief Officer.
the board must appoint a chief executive officer withinthree months of its establishment.
The board must invite applications for the post of chief executive officer by publishing an advertisement in the media countrywide.
Executive Officer (CEO) of the authority for the period from the date the Authorityisestablished in theformofanauthority,-untilaCEO is appointed by the board with the approval of-the Shareholding Minister.
Powers, functions and duties of Chief Executive Officer.
forstrategic, and.
The Chief Executive Officer may resign on one month's written notice to the^ boa@.
handed to the chairperson of the board.
A notice of resignation so handed . , . in, will be regarded and treated as having been received by the board on date.such .:.
(a)inthecaseofresignation, when the resignation takes effect;.
when any of the circumstances contemplated in section 18 or place; takes -..
The board may remove the chief executive officer fi-om.
for failing to perform the duties connected with that office or to perform diligently. . --.
Acting chief executive officer i...
(b). when, because of illness or incapacity, the holder of that office is.
A' person appointed to act as chief executive officer in terms of subsection will, for the duration of the period of appointment, have the status, be entitled to all theprivileges, besubject to all theobligations.
competent to.exercise and perform all thepowers, functionsandduties, conferred and imposed on the chief executive officer in termsof this Act,. and any act or thing performed or done or omitted by that person during that period of appointment, will be regarded and treated for the purposes of this Act as having been performed, doneor omitted by the chief executive , officer. --.
In addition, theAuthoritymustcomplywithChapter 6, part 2 & 3: Sections 49, 50, 51, 54, 55, 56, 57, 58, and 59 of the Public Finance Management Act 1 of 1999 (as amended by Act 29 of 1999).
Appointment and transfer of staff of the National Ports Authority.
No State guarantees.
The'obligations of the Authority are not guaranteed by the State, except by written notice.
Onadateafter the incorporation date, determinedby the shareholding Minister by notice intheGazette, theAuthority shall become the successor 'to Transnet Limited, as the National Ports Authority of South . Africa. qeAuaority shall acquire the-bushess of Transnet's National Ports Authority Division'as a going concern.
1 betransferred to the Authority, whichwillacquiresuchrights, liabilities, obligations and movable property.
The transfer shall be done in. accordance with section 54-of the PFMA.
On the transfer date and arising out.
title to and ownership of all land and immovable property. situated within the port limits, including the bed ofthe waters within port limits measured to the high water mark will be transferred to and vest in the Authority.
Subsection (1) and (2) are not to be interpreied as conferring on the Authority a right of ownership in immovable property, which, before the date referred to in subsection (l), was vested in a personGther than Transnet Limited.
Despite section5 of the State Land Disposal Act, 1961 (ActNo& of 1961) and section 18 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), a registrar must, on submission of a certificate by the minister that State land has been G transferred under this section, make the necessary entries and endorsements free of charge as the registrar considers necessary in any appropriate register in order to register the transferof such land in the name of the authority.
A registrar must, on submission of a certificate by the Shareholding Minister that a servitqde, other real rightor lease has been transferred under subsection (1) or that a servitude exists over State land has been transferred under.
register the transfer of such, servitude, other real.
may not be acquired by prescription.
102 of the Deeds Registries Act, 1937.
no change of employer takes place on the transfer date.
. Transfer of certain State Assets to Authority ....
a function of the Authoritywas being performed by a' state . Department an assetwas held or used by a stateDephment in connection with the performance of that function; the shareholding Minister may cause the asset and fiinction-to be transferred to Authority.the..
any asset to the Authority otherwisethai~ under that subsection, provided the asset is transferred in orderto further the objectives of the Authority.
The right, debt,. liability or obligation, as the case may be, is transferred from the State to the Authority on such transfer.
Save where provided for in this Act, and, in particular, subject to subsection (7), no.
>(b) operate a port facility, otherwise than in terms of a license issued by the Authority under this section.
No application for a license shall be lodged or entertained, unless such application is lodged pursuant to and in accordance withan invitation issued by. the Authority in the Gazette.
the form in which applications shall be submitted, including any fee payable upon submission of an application, the manner in which it is contemplated that the service shall be provided, and the place where and times when any document in that regard may be obtained from the Authority; and the period within and the mannerin which such applications shall be ., lodged.
h (5) The Author& may require an applicant, atthe applicant's expense, to fiunish the Authority, within the period specified by it, with such further information as maybereasonablynecessary in order to consider theapplication.
Within a reasonable period.
(a) issue a license subject -...
to specified terms and conditions;or refbe to issue a license and-give written reasons for such refusal.
Notwithstanding the provisions of this section, a concessionairemayprovide any port service contemplated in its concession agreement without holding a license to provide such service.
the duties and obligations of the licensed operator in respect of the services or facilities provided.by it; and such other terms.and conditions as the Authority may consider reasonably necessary.
provide for the modification provide for the determination of performance standards; and..
provide for the control and, if necessary, the fixing of monopolistic prices to be charged by the licensed operator in respect of-the handling . and storage of cargo.
A license may not be transferred to any third party without the prior written consent of the Authority.
The Authority may modify any condition in a license granted in terms of section 36.
setting out the reitsons why the Authority intends modifying the relevant condition(s); !
specifylng the time not being less than 28 days to the modifications made.
Following receipt of.
* (b) Fake the proposed modifications to the conditions of the license;-or amend the proposed modifications 'or compensation payable, if any, and make such amended modifications.
(3), the Authority shall issue direction in writing to the licensed operator requiring the licensed operator to give effect to the proposed modifications within a reasonable period of time specified by the Authority.
enter anyof the premisesof the licensee and bring onto such premises any equipment or machinery as may be necessary or proper for the purposes of carrying out the functions contemplated in this section;.
take temporary possession of, adoperate any equipment or .. -.
The person engaged by the Authority under subsection (2) shall continue to perform the obligations for which he or she was engaged despite any asdispute to adequate compensation referredto in subsection(4).
The Authority is not liable for any damage or injury occasioned by any act, omission or default of the person engaged by the Authority under subsection (2), norforanyclaimof anynature md howsoever madebythelicensed operator.
in the interest of public safety or the environment.
affording 'such' affected personsareasonableopportunity to make representations as to why the directive. should not be made.
@) comply with the provisions of this Act and any other law;..
provide reliable, efficient and economical port seryices and facilities to port usersin accordance with the conditions of the license gyted to it.
~-. year, including--.
its compliance with the terms and conditions.
- (iii) anti-competitive steps taken to eliminate and.
futuredevelopmentplans relating to any service or facility which it is obliged to provide under the conditions of its license.
lodged by the licensed operator within the period and in the manner determined by the Authority.
any industrial dispute between the licensed operator and its employees;.
any theft or pilferagewithin its premisesor any theft or pilferage involving any cargo inits possession or control; and 0 any proceeding or claim instituted or made against tlie licensed operator which could affect its ability to perform any obligation, or to comply with any term and condition, under its license.
Any person duly authorised by the Authority in writing may, during office hours, without a warrant, enter any premises occupied by a licensed operator to inspect any activity, process, building or facility therein, and may require the licensed operator to produce any book, record, statement or other.
1j The Shareholding Minister may on the occurrence of any industrial unrest, strike, lock-out or any other event which gives rise to an emergency which creates a real and imminent threat or to the national interest of the Republic public safety, authorise the Authority suspend the license of a licensed operator, take temporary possession of any undertakingof such licensed operator and operate it in such a manner withdraw either partially or totally the use of any port service or facility from any person or class of persons or from the public at large.
Notwithstanding the provisionsof this Act, a person who provides a port service or operates a port facility immediately prior to the date on which this Chapter comes into force, shall be deemed to hold a license for the provision of such port service or the operation of such port facility, provided that such person applies fora license under section36 within six months of the date on which this Chapter comes into effect.
A person referred to in, subsection (1) shall be granted a license in terns of section 36 to provide the port service or operate the port facility contemplated in subsection(l), provided the Authority is reasona%ly satisfied that such person is capable ofcomplying with the terms and conditions of such license.
Nothing in this section shall confer a deemed license on a person licensed to provide stevedoring onthe date this Chapter comesinto force, beyond the for date.
No person shall erect or operate an offshore cargo handling facility otherwise than in terms of a license issued by the Authority under this section.
The provisions of section36 shall apply, mutatis mutandis, to the application and granting of a license in terms of this section.
If so directed by the Authority in writing, the holder of a license in terms of this section shall dismantle and remove the offshore cargo handling facility on termination or expirationof a license granted under this section.
(4)If the holder of the licensefails to comply with the direction under subsection .-.
(3), the may-dismantle and, such such -.
(c)ensurethattheinfrastructure of the ports is managed and a which efficient, and -port operations.
(2)The Authority has the powerto establish public, private partnerships and enter . into concession agreements in accordance with the provisions of section 35 for the construction, development.
endeavour to achieve a reasonable between protection of the environment and any other considerations which it is required to have regard.
(2) The Authority has the power to take any action, it considers necessary for the performanceany relatingthe of the 1 of to environment, functions protection which may be conferred or imposed upon it under this Act or any other law.
(b)- to the SouthAfricanMaritimeSafetyAuthorityandthe relevant port consultative committee; and notice countrywide advising of its intentions.
~. by the Ports Authority and-to issue a Cabinet directive prohibiting such action or amendyg the proposed-course of action.
may, the of the of an undertaken.
to amend proposed of actionina -..
its course specified manner.
Tlie Authority must ensure that efficient and affordable porf services and port facilities are provided to allport users.
The Authority must undertake activities that will encourage and facilitate the development of trade and commerce for the ec.onomic benefit and interests of the national economy.
may vary between ports.
~titha licensed operator or port user in respect matter referred to in subsection1and the agreed tariffs need not be published.
(4)The Authority may, prior to any substantial alterationof a published tariff, consult withthe port consultative committees as constituted for the ports.
53, Port charges payable to National Ports Authority.
The Authority may, in its sole discretion and on good cause shown, remit or waive the whole orany part of any charges and fees paid orpajable under this Act.
The Authority may require any person to furnish such security, as it deems fit, for the payment of any charges or fees payable under this Act.
The fees and charges referredto in subsection (l)(a) and (b)become due to the Authority and payable without demand when the services and facilities have been rendered performedor provided.
provided, if any request for the services or facility is withdrawn or cancelled, withoutthenotice of withdrawal or cancellation of the requesthavingbeen -given timeously to the Authority.
The fee, s and charges levied by Transnet's National Ports Authority Division, ..-.
the undersectionrescinded, or -. withdrawn by the Authority in terms of this Act.
Thefeesandchargesreferred to in subsection (l)(a) and (b) mayalsobe determined and levied by the Authority in relation to offshore cargo handling facilities.
No. 23633 GAZETTE, of such removal from the owner of the wreck or obstruction, or.
The Harbour Master is, in respect of the port for which he orshe is appointed, the final authority in respect of all matters relating to pilotage, navigation, navigational aids, dredging and all other matters relating to the movement of vessels wihin port limits.
regulating the removal or disposal of any residues and mixtures containing oil or noxious liquid substances, sewage, and garbage, fiom vessels in a port and requiring any such matter to be deposited in reception facilities in the port; or.
carrying into effect the provisions of this Act.
The Harbour Master shall cause reasonable stepsto be taken for the purpose of bringing any direction issued by it under subsection (3) to the notice of any person likely to be affected by it.
in port facilities in terms of the provisions of industrial and workplace safety legislation.
The Authority must separate cargo fiom passenger operations to secure safety of life and protection against injury.
naviete leaving or moving in a port.
Pilotage is not compulsory in respect of any vessel or class of-vessels, which have been exempted fiom pilotage by the Authority in writing..
The pilot's hnction is to navigate a.
The pilot must determine the number of tugs required for pilotage with the concurrence of the master of the vessel.
In the event of a disagreement between the'pilot and the master of the vessel regarding the number ofthe tugs to be used in termsof subsection (4), the final decision is taken by the Harbok Master..
The master.of.the vessel must ensure that the officers and crew of the vessel are at their posts, that a proper lookout is kept and that the pilot is given every assistance .&The execution of his duty.
The Authority and the pilot shall be exempt ffom'liability for loss or damage caused by a negligent act or omission-on the part of the pilot.. -.
No person may perform the duties aofpilot in a port without having been duly licensed by the Authority under this Act.
The South African Maritime Safety Authority may recommendto the Minister the minimum qualifications required for any person to be licensed as a pilot, including the content and naturebf examinations, if any, to be undertaken.
The South Afiican Maritime Safety Authority must consult with the Authority regarding the content of the minimum qualifications referred to in subsection (2), before-any recommendation is made.
The Authority must operateandmaintain the li&thouses, andother navigational aids underits control to assist the navigation of vessels within port limits and along the coast of South Afiica in terms of standards as prescribed by the South Afiican Maritime Safety Authority.
The Port-Consultative Committee of the port closest to where a lighthouse or navigational aid is located may make recommendations to the. Authoiity hth regard to the improvement or extension oftheserviceprovidedbysuch lighthouse or aid...
Ports 60.
The Minister must ensure that the ports policy is implemented by exercising the powers and executing the functions vested in him or her in terms of this Act.
To ensure openness and transparency in the ports policy reviewing process, the Minister must consult with stakeholders in the ports industry, the Authority, other relevant departments (including Department of Public Enterprises and Trade and Industry), organised bodies representing port users, local authorities of port cities, and organized labour.
to discharge an international obligation of the Republic.
The -Authority must take all necessary steps to give effect to the direction in terms of subsection(1). -.
62. Port Regulations..
TheMinistermustbynoticeintheGazette, makeportregulationsin connection~with all matters thathe or she conjiders necessary or expedient to prescribe in order to achieve the objects of this Act.
rules of procedure of Port Consultative Committees, powers, functions duties and manner of execution.
(d)providing forthelicensing of activities carried out in the ports.
the and.
prohibiting the embarkation and disembarkation of persons handling or discharging appears especially dangerous to the public.
the local and provincial governments of the area in which area the port is situated.
The function of the Poi Consultative Committee is to provide a forum forthe exchange of views between the Authority and other interested parties?
(a)major relating to the or any scheme expansion development of a.
any other matter on which the Authority may be required by the Shareholdicg Minister to consult the Committee. -(4)The chief executive.officer must establish an audit comqitiee for the Authority -subject to Treasury Regulation27.
Ports. access -.. Subject to the provision of this Act, and regulations, a port is freely accessible to any person who conducts lawful business-in a port.
before the expiry of at least three calendar months after written notification of the claimgnt's intention to institute the legal proceedings, containing sufficient particulars of the alleged act or omission, has been served on the defendant or respondent, unless the defendant or respondent has denied liability in writing. _.
any person acting on behalf of the Authority.
Without lawhl authority, interferes with.a pilot while a vessel is under pilotage;,or ,,..
contravenes section 3.
The Authority must co-operate wkh immigration, customs, law enforcement any other authority every facility, subject to compensation agreed between the Authority and the authority concerned and failing agreement, asdetermined by the Minister.
, (1) ThelawsreferredtoinSchedule 2 to this Actareherebyamendedor repealed with effect from the transfer date,'to the extent specified in that Schedule. :,.
to the extent that it is not inconsistent with this Act;, and,,.
Lintil it is repealed under this Act.
The area bounded :\-,> L.
A straight linebetweenco-ordinate points 1 and 2 in the south, 1 and 36 in the.
east, 35 and 36 in the north and the high water mark along the eastern shoreline as indicated on plan FU3H 80-A-84.
(b)All sea areas within theport ofRichards Bay up to the high water mark.
From the high water mark on the eastern shore of the Indian Ocean on co-ordinate line 1 to 2 through co ordinate points 3,4, 5, 6,7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20, 21,22,23,24,25,26,27,28,29,30 with boundary line between co-ordinate pointand30 31 being 3m off the eastern edge of Newark Road with boundary continuing along pohts 31,32 and 33 to point 34 up to the end of the breakwater, with the high water mark being t. .. the boundary line between points 32 and 33 as inhcated on plan RBH 80-A-84. (See copy of the plan attachedhereto).
31 degrees 9 minutes6 seconds East longitude& 29 degrees 43 minutes 40 seconds South latitude, then Southwards and Westwards to a ' point 31 degrees 7 minutes28secondsEastlongitude & 29 degrees 48minutes40 seconds South latitude, then due South to a point 31 degrees 7 minutes 28 seconds, East bthe whole of the water area wiihin the 'Buffalo 'River and its.
dthe banksof the Buffalo River and its tributaries between thehiaest and the-lowest water marks, fiom ebb-and-flow to the mouith of the river.
_ t. Land area:..
of the properties in Prior Crescent; thence Northwards along an imaginary line following the Western side of the properties in Prior Crescent until such line reaches Hely Hutchinsan Road; thence a line in a North Easterly direction until it meets the Fleet Street Bridge; thence along the South side of the bridge toa point just Westof the bridge wing wall; thenceain South Westerly directionon the Eastern sideof a Municipal area incorporating the..
' Fire Department; thence toa point in line with the Eastern side ofStation Street; -.
of an road approximately from the roadrail crossing situated under the Buffalo Bridge; thence first North West along the Southern edge..
52 No. 23633.
The land area bounded to the north west by the N2 NationalRoad;to the north east by the boundary between Hougham Park and. SonopFarms; to the south west-bythe line joining a point on the N2 National Road and the hlgh watermark, which will become the boundary between St.
The area is bounded on the southwardby a line drawn from Cape Recife, east (true) to a point in the Indian Ocean, distant 1 609 metres, on the northward by a line drawn from the extreme point of the east'bank of the Zwartkops River, east(true)distant 1 609 metres; on the eastward by a line drawn between these two points, and shall embrace the foreshorebetween high andlowwatermarks from CapeRecife -lighthouse. to the aforesaid line at the east bank of the Zwartkops River, including that portion of the said river which lies on the seaward side of the bridge carrying the railway line to Alicedale.
River, thence along the high water mark so as to include the foreshore between these points, together with Seal Island (Robben Island), the estuary of theLittle Brak River as . . far as the tide flows.
.>ide of the rail tracks in -+nEasterly direction to the middle. of the West side of the Church -Street Bridge; thence in a Southerly'direction following the Western side of the bridge to -the bridge abutment; thence in an Easterly direction jo the East side, bridge abutment; thence in a Northerly direction to a point in the middle'of the Church Street Bridge being the boundary of Erf 12459; thence ina general Easterly direction following the boundary of Erf 12459 to a point directlyin line with the Eastem side of the Civil' Depot;thedie in a Northerly direction following the Eastern side of the building to the North Eastern comer of the building; thence in a North Easterly -direction along the waters edge to a pointontheNorthWesterncomeroftheNSRIcomplex;thence in a North Eastern direction along the waters edge to a point on the Northern corner of the NSRI complex; -thence in a North Western direction to a point 5 meters from the edge of the low level quay; thence along an imaginary line 5meters from tlie North Western side of the low level quay to a point of Quay No.
Eastern direction-following a concrete wall to a point where this wall meets with. a Mer concrete wall situated in a Southerly direction on the West side of a factory complex; thencein a Southerlydirectionfollowing the concrete wall to a' point on the South Western cornerof the factory complex; thencein an Easterly direction along the Southern side pf the complex to a'point on the Western edge of Kloof Street; thence in a Noitherly diieciion to Beacon B of Erf 12457 on the land edge; thence in a general Western and North Westerly direction along the waters edge and the North Eastern side of the break wall-to the end of the -. Lighthouse.
Port of Cape Town.
ne area is bounded Wes.&ards bya straight line between Green Point andRobben Island lighthouses, and Northwards by a straight line from Robben Island lighthouse, East (true) to the Eastern shore of Table Bay, thence back in a southerly direction following the shore line to Point 2 where it intersects the straight line between Green Point and Robben Island lighthouses.
The area is bounded from a point where the Northern limit of the sea area intersects with the high water mark to Point A East (true) on the Easternshore of Table Bay, thence southwards along the high water mark, so as to include the Remainder of ERF I7 Milnerton at Blaauwberg,.
17898 Cape Townto Point E on the corner of ERF 108338 Cape Town, thence by a straight line in a southwestern direction to Point F, so as to include the southern part of. ERF I7989 Cape Town, ERF I7875 Cape Town at Paarden -Eiland, thencein a straight -line in a southeasterly direction to Point G, so as to include Remainder of E& 149437.
a straight line- in, a southwesterly direction to Point H along the southea-rn boundary of Remainder of ERF I14383 Cape Town at Paarden Eiland, thence ina east south easterly direction along the northern -boundary of Portion of Remainder of ERF 15201 Cape Town at Salt River, thence . southwards along the eastern boundary of Portion of Remainder-ofERF 15201 Cape . Town at Salt River to Point J, thencein a westerly direction along the boundary of . . Portion of Remainder ERF15201 Cape Town at Salt River to Point K, so as to include , part of Portion of Remainder of ERF 15201 Cape Town at SaltRiver, situated north of the National Road, then dividing Partof ERF 16832 Cape Townbya straight line between Points K & L, so as to include Partof ERF 16832 Cape Town, situated nprth-of the National Road, thence in a westerly direction along the southern boundary of Portion-of Remainder of ERF 15201 Cape Town at Salt River to Point M, thence a straight line between Pointsiki&N, dividing Portionof Remainder of ERF I5201 .. Cape Town at Salt River, thence following the southern boundaryof Portion of Remainder of ERF 15201 Cape Town at Salt River, from Point N to Point PI so as to include Portion of Remainder * _-..
> Portion of Remainder of ERF I0256 Cape Town at Woodstock in-a westerly direction to.
Woodstock in a westerly directionto Point T, so as to include Portion of Remainder of part of divided ERF 10255 Cape Town, thence in a north westerly direction following the south eastern boundary of ERF -. -14821 Cape Town to Point U so as to include ERF 14821 Cape Town, thence a straight- line in a north-westerly direction to Point Von the south-eastern corner of Portion of .': Remainder of ERF I0256 Cape Town at Woodstock, thence following the south western boundary of Portion of Remainder of ERF I0256 Cape Town 'at Woodstock to pointW, thence a straight-line in a northerly direction to Point X on the south-eastern boundary of-^:..
The area described as within plan SBH 195-Al-A6016 the figure A Is the point where.
Portion 9 of the farm Pienaars Poort No.
Remainder of Portion 3 of the farm Pienaars Poort no. 197 and along northern boundary to figure J along northwestern boundary of portion of Remainder of Portion 3 of Farm Pienaars PoortNo. 197 along the northern 4%.
129 then along the eastern boundary northem boundary of Remainder of and Portion 7 of Farm Jackals Kloof No.
Kloof No.
coordinate 3659807,lO) to figure Q (coordinate LO System 19 degrees y value 93659,63 x coordinate 3660913,26) high water-markof Saldanha Bay and the Atlantic OceanR (Is the point where latitude 33 degrees 08 minutes 56 seconds S intersects the high water mark of theAtlanticOcean). S (Is the point wherelatitude 33 degrees 11minutes 0 seconds S longitude 17 degrees 57 minutes 0 seconds E) T (Is the point where latitude 33 . . degrees 03 minutes 0 seconds S longitude 17 degrees 50 minutes 0 seconds E) A (Is the point where latitude 33 degrees 01 minutes 38 seconds S intersects the high water mark of theAtlanticOcean) , exclusive of theGovernment jetty, the repair jetty and the . slipway of theDepartmentofIndustries, Commerceand Tourism andallotherfixed Structures connected with the fishing- industry and the Mykonos break water and jetty structures.
The @ea which is boarded northward by a line drawn 4 245 from North Point to a point 827 metres from the shore; westward by a 1ine.
155" from the above point to the point where it meets a line drawn245" from Guap Point; southward bythe latter line; together with the foreshore therein and all lands vested jetties, harbour work and harbour in Transnet Limited immediately priorto the transfer date.
<fn>GOV-ZA.23687En.2012-02-10.en.txt</fn>
Vol. 446 Cape Town 1 August 2002 No.
STAATSKOERANT, 1 AUGUSTUS 2002 No.
The Ministerof Finance intends tabling the Development Bankof Southern Africa Amendment Bill, 2002 in Parliament during the third Parliamentary term. The Bill is published in accordance with Rule 241(l)(c)of the Rules of the National Assembly. Interested persons and institutions are invited to submit written representation on the Bill to the Secretary to Parliament by no later than 9 September 2002.
You can contact Messrs A Hermans/J Michaels or J Russouw at: Fax: (021) 462 2141 Tel: (021) 403 3776/3806/3743 Email: ahermansBpar/iament.gov.za jmichaels@parliament.gov.za jrussouw@parliament.gov.
c brackets omissionsWords in bold type in square indicate from existing enactments.
Words underlined with asolid line indicate insertionsin existing enactments.
To amend the Development Bank of Southern Africa Act, 1997, so as to provide for an increase in the maximum number of directors; and for the appointment of alternate directors; and to provide for matters connected therewith.
Amendment of section 7 of the Act 13 of 1997 1.
"(1)The board of directors of the Bank shall consist of not fewer than ten and not more than [fifteen] 2directors: Provided that if at any time the number of directors holding office [at any time] falls below ten, the remainingdirectors shall manage the affairs of the Bank, until the 10 vacancy or vacancies can be filled by appointments by the Minister or the relevant shareholders, as the case may be."
the insertion after subsection (1) of the following subsection: (1 A) (a)The Minister may appoint alternate directors in addition to directors that are appointed by virtue of their position in government.
The Development Bank of Southern Africa Act, Act 13 of 1997 ("the principle Act"), has been in operation for four years. An evaluation of the provisions has been performed in order to improve the proper operations of the Bank. On the advice of externalexperts on corporategovernance, the Board of Directors has decided to increasethemaximumnumber of directors from 15 to 18 members to ensure that there is acontinuouspresence of shareholder representative directors, independent directors and executive directors. The expansion in the number of directors would improve the balance of interest and representation on the Board of Directors.
The Development Bank of Southern Africa Amendment Bill 2001 gives effect to the decision of the Board of Directors by providing for the amendment of section 7(1) of the principal Act to increase the maximum number of directors from 15 to 18 mem- bers.
<fn>GOV-ZA.236commissionontraditionalleadershipdisputesandclaimstoholdpublichearingsinmpumalanga2En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.236commissionontraditionalleadershipdisputesandclaimstoholdpublichearingsinmpumalangaEn.2012-02-10.en.txt</fn>
Regulation Gazette No. 7949 Vol. 466 Pretoria 23 April 2004 No.
No. 26275 GOVERNMENT GAZETTE, 23 APRIL 2004 12 No. 26275 GOVERNMENT GAZETTE, 23 APRIL 2004 14 No. 26275 GOVERNMENT GAZETTE, 23 APRIL 2004 16 No. 26275 GOVERNMENT GAZETTE, 23 APRIL 2004 22 No. 26275 GOVERNMENT GAZETTE, 23 APRIL 2004 24 No. 26275 GOVERNMENT GAZETTE, 23 APRIL 2004 28 No. 26275 GOVERNMENT GAZETTE, 23 APRIL 2004 30 No. 26275 GOVERNMENT GAZETTE, 23 APRIL 2004 26275-1 03-129180-2 26275-2 34 No. 26275 GOVERNMENT GAZETTE, 23 APRIL 2004 36 No. 26275 GOVERNMENT GAZETTE, 23 APRIL 2004 38 No. 26275 GOVERNMENT GAZETTE, 23 APRIL 2004 1.
<fn>GOV-ZA.236videosEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.23735En.2012-02-10.en.txt</fn>
Vol. 446 Cape Town 13 August 2002 No.
STAATSKOERANT, 13AUGUSTUS 2002 No.
The Minister of Finance intends tabling the Special Pensions Amendment Bill, 2002 in Parliament during the third Parliamentary term. The Bill is published in accordance with Rule 241(l)(c) of the Rules of the National Assembly.
Interested persons and institutions are invited to submit written representation on the Bill to the Secretary to Parliament by no later than 6 September 2002.
P.O. Box 15 CAPE TOWN 8000 You can contact Messrs A HermanslJ Michaels or J Russouw at: Fax: (021) 462 2141 Tel: (021) 403 3776/3806/3743 Email: ahermans@parliament.gov.za jmichaels@parliament.gov.za jrussouw@parliament, gov.
Words in bold type in square brackets indicate from existing enactments.
Amendment of section 6 of Act 69 of 1996, as amended by section2 of Act 75 of 1998 1.
"(3) Notwithstanding subsection (l)(a)(iii), the Board may condone any late application if the Board is satisfied that, for reasons beyond the control of the appkant, the application could not be submitted on or before the closing date.".
Substitution of section 8 of Act 69 of 1996 2.
(1)Any applicant who disagrees with any decision of the Board may request a review of that decision by sending a written notice in the form prescribed in Schedule 2 to the Review Board within 60 days of the date of the decision.
(2)The Review Board has the discretion to condone [late applications] anyequest for a review received after the period of 60 days referred to in subsection (1):'.
STAATSKOERANT, 13 AUGUSTUS 2002 No.
Amendment of section 14 of Act 69 of 1996 3.
for paragraph (b)of the following paragraph: "(6)the Military Pension Act, 19731 Pensions Act.1976.".
14A. (1) Any amount paid to a person as a benejt to which the payee was not entitled or which was in excess of the amount to which the payee was entitled, must be refunded by the payee to the Board within 30 days of written demand by the Board.
Despite subsection (1).
absolvea person from repayment of the whole amount or any part thereof if it would be just and equitable to doso.
Instead of any refund as contemplated insubsection (1) or any repayment as contemplated in subsection (2)(a)and (b),the Board may set off any amount due to the Board against any benefit payable in terms of this Act to the person concerned.
Amendment of section 20 of Act 69 of 1996 5. Section 20 of the principal Act is hereby amended by the addition of the following subsection: "(4) Three members of the Board form a quorum for any meeting thereof.".
Amendment of section 22 of Act 69 of 1996 6.
"(4) If the Chief Executive Officer is convinced that a benefit was paid in error or that the Board erred in taking a particular decision, the Chief Executive Officer may submit the matter to the Review Board as if it were an appeal in terms of section 8.".
Amendment of section 27 of Act 69 of 1996, as amended by section 6 of Act 75 of 1998 7.
of the following subsection: "(1) The Mirzisfer may dissolve the Board at any time after the Board hascompleted its activities[, but not later than four yearsafter the commencement date].".
Amendment of section 28 of Act 69 of 1996, as amended by section 7 of Act 75 of 1998 8.
Chairperson and two other members[, one of whom must be an actuary].
"(5)The provisions of sections 16, 17, 18, 19,22(2),25 and 26 apply to the ReviewBoard, with the changes required by the context.".
The condonation by the Review Board of any late application for a benefit in terms of the principal Act, purporting to have been granted in terms of section 8 of that Act, and any subsequent decision on such an application, is herebyvalidated.
Anything done by the Board after 30 November 2000, which could have been done validly on or before that date in terms of the principal Act, is hereby validated.
Amendment of section 1 of Act 84 of 1976, as amended by section 1 of Act 26 of 1977, section 4 of Act 97 of 1980, section 17 of Act 96of 1983, section 1 of Act 49of 1996, and section 11 of Act 75 of 1998 10.
''(6)military service or training performed or undergone by any person in a political organisation [by anyperson entitled to a pension in terms] defined in section 31 of the Special Pensions Act, 1996 (Act No. 69 of 1996j1.
Sections 6, 7 and 8 must be regarded as having come into operation on I December 1996.
This Act is called the Special Pensions Amendment Act, 2002.
The main object of the Special Pensions Amendment Bill, 2002 ("the Bill"), is to revise certain sections of the Special Pensions Act, 1996 (Act No. 69 of 1996) ("the Act") so as to facilitate the achievement of the Act's primary objective as envisaged in section 189 of the Interim Constitution, 1993 (Act No. 200 of 1993). That objective is to provide for the payment of special pensions to persons (or their eligible dependants) who made sacrifices or served the public interest in the cause of establishing a non-racial democratic constitutional order in the Republic of South Africa.
2.2 Clause 2 seeks to clarify the position regarding the Special PensionsReview Board's ("the Review Board") power to condone a request for the review of a decision of the Board received later than 60 days after the Board's decision. This clarification is necessary since the current wording is misleading-see paragraph 2.9 hereunder.
2.3 Clause 3 contains a technical correction.
2.4 Clause 4 is intended to ensure the recovery and repayment of benefits paid in error. It also makes provision for corrective measures to be taken where it is established that a benefit was paid in error.
2.5 Clause 5 seeks to prescribe the quorum for any meeting of the Board.
2.6 Clause 6 seeks to extend the power of the Chief Executive Officer to bring to the attention of the Review Board, those cases where the CEO is convinced that a benefit was paid in error or that the Board erred in taking a particular decision.
2.7 Clause 7 intends removing the limitation of the Board's existence to four years after the commencement date of the Act. This provision is necessary since the Board has not yet completed its functions. (See also paragraph 2.9 hereunder.
2.8 Clause 8 seeks to remove the requirement that one member of the Board must bean actuary. The costs of having an actuary sitting on every appeal, including those appeals that do not require actuarial expertise, will be saved.
2.9 Clause 9 is intended to rectify a technical error which led to an incorrect interpretation by the Review Board of the expression "late applications", as it appears in section 8 of the principal Act. The expression "late applications" was interpreted to mean "late applications to the Board for benefits". The expression "late applications" as it appears in section 8, should however have been interpreted to mean "late applications for the review of the Board's decisions". As a result of this the Review Board condoned late applications for benefits and the Board decided on these and granted benefits. The amendment envisaged in subclause (1) is intended to validate condonation of late applicationsfor benefits by the Review Board and subsequent decisions taken by the Board. Subclause 2 seeks to validate all operations of the Board taken after 30 November 2000. This provision is necessary since the Board should have been dissolved by 1 December 2000 (see section 27(1) of the Act).
2.10 Clause 10 seeks to remove certain words from the definition of "military service" contained in section 1 of the Military Pensions Act, 1976 (Act No. 84 of 1976). The effect of the current wording of the definition is that a person who is not entitled to a pension in terms of the Act may not claim benefits in terms of the Military Pensions Act, 1976.
8 No. 23735 GOVERNMENT GAZETTE, 13 AUGUST 2002 in terms of the Military Pensions Act. The proposed amendment seeks to rectify this situation.
2.11 Clause 11 is intended to provide for the retrospective effect of clauses 6, 7 and 8.
the Board to complete its activities within four years from that date; and bj an actuary to be a member of the Board.
3.1 No unduefinancial implications could be identified with regard to the proposed amendments. However, there might be some long-term financial implications in respect of clause 1, which gives the Board the discretion to condone late applications, although this will depend mainly on the number of late applicationscondoned. The Special Pensions Administration will request the actuaries to take this into account when performing the actuarial valuation of the fund and provide the necessary projections in the subsequent financial years.
3.2 Clause 8, which seeks to amend the principal Act so as to remove the requirement that an actuary must be a member of the Review Board, will effect an immediate financial saving.
The objects of the Bill are of administrative nature, therefore wide consultation is not necessary.
The State Law Advisers and the National Treasury are of the view that this Bill must be dealt with inaccordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 73 or 76 of the Constitution applies.
TEL.
<fn>GOV-ZA.23736En.2012-02-10.en.txt</fn>
The Minister of Finance intends tabling the Insurance Amendment Bill, 2002 in Parliament during the third Parliamentary term. The Bill is published in accordance with Rule 241(l)(c) of the Rules of the National Assembly. Interested persons and institutions are invited to submit written representation on the Bill to the Secretary to Parliament by no later than 23 September 2002.
Words underlined with a solidlineindicateinsertionsin existing enactments.
Amendment of Arrangement of Sections of Act 52 of 1998 1.
Amendment of section 1 of Act 52 of 1998 2.
' 'market-related policy' means a long-term policy, other than a linked policy.
Amendment of section 4 of Act 52 of 1998 3.
GAZETTE, not to publish or issue it or to cease publishingor issuing it or to effect the changes to it which the Registrar deems fit.
by the substitution in subsection 7(u)and (b), for the expression "Short-term Insurance Act. 1997" of the expression ''Short-term Insurance Act, 1998".
Amendment of section 8 of Act 52 of 1998 1.
for following "(2) No long-term insurer shall changeits name. or a translation. shortened form or derivative thereof. without the prior approval of the Registrar.".
Insertion of section 15A in Act 52 of 1998 6.
15A. Notwithstanding sections 15(4) and 70. a person who is. by virtue of registration under this Act, authorised to carry on reinsurance business only may, subject to section 11, also carry on the business of providing or undertaking to provide policy benefits in terms of a fund policy directly to any fund contemplated in the definition of 'fund' in section 1(I).
A long-term insurer shall notify the Registrar, in the form and of the information required bytheRegistrar, in respect of every director or managingexecutiveappointed by it or whoseappointmenthasbeen terminated by it, or whohasresigned, within 30 daysaftersuch appointment or termination or resipation, as the case may be, together with the reasons for any such termination or resignation.
Amendment of section 24 of Act 52 of 1998 8.
(ix)allow its subsidiary toacquiredirectly or indirectlyshares in it in terms of section 89 of the Companies Act: Provided that such conditions may.
of section 11(I). include a varied or a new registrationcondition contemplated in sections 10 and I 1. and that in any such case section 11(2) shall apply with the necessary changes.
Amendment of section 26 of Act 52 of 1998 9.
"(1) Subject to this section, no person shall, without the approval of the Registrar, acquireor hold shares or any other interest in a long-term insurer which results in that person, directlyor indirectly, alone or with [anassociate] a relatedparty, exercisingcontroloverthatlong-term insurer."
"(2)No personshallacquireshares in a long-terminsurer if the aggregate nominal value of those shares, by itself or together with the aggregate nominal value of the shares already ownedby that person or by that person and his, her or its [associates] related parties, will amountto 15 percent or more of the total nominal value of all of the issued shares ofthelong-terminsurerconcerned, withoutfirsthavingobtainedthe approval of the Registrar."
by the substitution in subsection (3)(c)for the words preceding subparagraph of the following words: "may be refused if the person concerned, alone or with his, her or its [associates]related parties.
by the substitution in subsection (5) for the words preceding paragraph (a)of the following words: "For the purposesof this section ['associate'] 'related party', in relation to--": and u) by the substitution in subsection (6)for the words preceding paragraph (a)of following the "For the purposes of this section a person shall be deemed to exercise control over a long-term insurer if that person, aloneor with [associates] related parties-".
of the following words: "so astobe in a position to meet its liabilities and capitaladequacy requirement at all times.".
Amendment of section 30 of Act 52 of 1998 11.
have assets, the aggregate value of which, on any day, is not less than the aggregate value. on that day, ofits liabilities; and subject to section 32, have, in the Republic, assets, the aggregate value of which. on any day, isnot less than the aggregate value. on that day, of those of its liabilities which are to be met in the Republic, and the capital requirementrespect of those liabilities.
the method set out in Schedule 2; and the financial soundness method as set out in Schedule 3.
if that has the result that the insurer fails to comply with subsection(1): or if [the]. after such declaration or payment [of the dividend would result in it failing to comply with subsection (1)l has an ag,- Oreeate value of assets which is less than the aggregate value of its liabilities. issued share capital and non-distributable reserves.
(1) Subject to section 32. a long-term insurer shall, in the Republic. have assets.
subject to such conditions as the Registrar may determine.
Amendment of section 33 of Act 52 of 1998 13.
"(1) For the purposes of this Act, the liabilities ofa long-term insurer shall include its contingent liabilities for policy benefits which have not become claimable, and which are specified in [Schedules] Schedule 3 [and 41."
Is'. The following section is hereby substituted for section 36 of the Long-term Act.
by the date or within the period, prescribed by the Registrar, either generally or in relation to a particular insurer.
If the Registrar is satisfied that a return furnished to him or her in terms of subsection (1) is incomplete or incorrect, he or shemay, by notice-25 direct the long-term insurer to furnish the Registrar, within a specified period.
Amendment of section 39 of Act 52 of 1998 16.
"(c) unless payment of the cost referredto in section 38(l)(c)(i) has been made or 35 secured.".
Amendment of section 44 of Act 52 of 1998 17.
"(4) Subsection (1) shall not apply atolong-term insurer if it lends money to one40 of its policyholders upon the security of a long-term policy issued by itself.".
Amendment of section 47 of Act 52 of 1998 18.
"(b)Paragraph (a) does not apply to a receipt issued by a bank as defined in section 1 of the Banks Act, 1990 (Act NO. 94 of 1990)".
Amendment of section 59 of Act 52 of 1998 19.
Substitution of section 61 of Act 52 of 1998 20.
Interest on an unpaid premium. or on a loan made by a long-term insurer on the sole security of a long-term policy. or on an advance made bv a long-term insurer in respect of an amount which isto be payable under a long-term policy, shall not cease toaccruewhentheunpaidinterest has accumulated to. or exceeds, an amount equal to the amount of that unpaid premium, loan or advance.
(2)[Debt consisting of interest on an unpaid premium, or on a loan granted by a long-term insurer on the sole security of a long-term policy, or on an advance granted by a long-term insurer in respect of an amount which is to be payable under a long-term policy, shall, in] In the case of a long-term policy entered into or issued after 31 December 1973. aninterest-bearingdebtreferred to in subsection (I) shallnotprescribe beforetheliability of the long-terminsurerunderthelong-termpolicy prescribes.
(3)Subsection (1) shall be deemed to have come into operation on I January 1999.
Amendment of Schedule 1 to Act 52 of 1998 22.
by the substitution in paragraph 1 forthedefinitionof"securities" of the definition: following " 'securities' includes bills, bonds, debentures and debenture stock.
[. in respect of which the Registrar has recognised the- (aa) stock exchange outside the Republic; or (bb) country, other than the Republic, in which the regulated market 20 concerned is situated, subject to the conditions determined by the Registrar].
A creditbalance in anaccountwith, or a deposit, including a nefotiablecertificate of deposit or a bill, accepted by, an institution incorporatedoutsidetheRepublic, [in a country approved by the 25 Registrar,] which would have been a bank in terms of the Banks Act,1990, if it \yere incorporated in the Republic.
"20. Other claims, n.e.s., against- a, a long-term in terms of a long-term 30 insurer policy; hi a person in theRepublic:and L, J a body corporate and any stock or shares in a body corporate which is not incorporated andregistered in the Republicbutwhich, in the opinion of the Registrar. carries on business in the Republic and which has been approved by the Registrar generally by notice in the Gazette 35 and subjectto the conditions determinedby the Registrar and specified in the notice.".
Repeal of Schedule 2 to Act 52 of 1998 13. The Lon:-term Insurance ,4ct, 1998.
Substitution of Schedule 3 to Act 52 of 1998 14. The following Schedule is hereby substituted for Schedule 3 to the Long-term Insurance Act.
Definition for the purposes of calculating the contingent liabilities of a long-term insurerunderunmaturedlong-termpolicies in terms of which the policy benefits are to be provided- r0 12 No.
The values of assets. liabilities and the capital adequacy requirement shall be deemed to have been calculated in terms of this Schedule if the requirements set out in this Schedule and the requirements prescribed by the Registrar. after consulting the Actuarial Society of South Africa. have been complied with in making the calculations.
onlysuchassetsactuallyheld by the long-terminsurer or those approved by the Registrarin terms of section 34(1)(a)and (b).
an amount representing a prepaid expense or a deferred expense; and an amount representing a reinsurance contract in terms of which the long-term insurer is the policyholder, except reinsurance contract.
Notwithstandin paragraph 2. if the Registrar is not satisfied that the value of an asset. a contingent liabilityor the capital adequacy requirement1 calculated in terms of this Schedule reflects a proper value, the Registrar 15 ma!'-(cr) direct the insurer to appoint another person. at the cost of the insurer, to place a propervalue on thatasset.contingentliability or capital adequacy requirement: or (/I) direct the long-term insurer to calculate the value in another manner which the Registrar determines and which will produce a proper value?
Amendment of Arrangement of Sections of Act 53 of 1998 25. The Arrangement of Sections of the Short-term Insurance Act, 1998.
Amendment of section 1 of Act 53 of 1998 26. Section 1(1) of the Short-term Insurance Act. 1998.
"representative" of the following words: '' 'representative' a natural employed-.'.
Amendment of section 4 of Act 53 of 1998 27.
(3) (ai If any advertisement, brochure or similar [document] communication which relatesto the business of a short-term insurer, or to a short-term policy, and which is being, or is to be, published or issued by a person, is misleading or contrary to the public interest or contains an incorrect statement of fact, the Registrar mayby notice direct that person not to publishor issue it or to cease publishingor issuing it or to effect the changes to it which the Registrar deems fit.
An advertisement, brochure or similarcommunicationwhich relates to a short-term policy must include the name of the short-term insurer underwriting the short-term policy.; and by the substitution in paragraphs (a)and (b),respectively. of subsection (7). fortheexpression'Long-termInsuranceAct,1997'. of the expression 'Long-term Insurance Act, 1998'.
Amendment of section 8 of Act 53 of 1998 28.
"(6)No short-term insurer which is liable under a short-term insurance policy [shall change its name without the prior approvalof the Registrar] may refer to or use in any such policy or advertisement, brochure or similar communication the term 'funeral' or 'burial' or any derivative thereof.".
Insertion of section 15A in Act 53 of 1998 29.
15A. The ReFistrar may, subject to section 11, and notwithstandin sections 15(5) and 68, grant approval to an insurer carrying on reinsurance business only, todirectlyenterintoshort-termpoliciesotherthan short-term reinsurance policies?
Amendment of section 17 of Act 53 of 1998 substitution for paragraph (0) of the following paragraph: "(0) its name, or a translation, shortened form or derivative thereof.".
Substitution of section 18 of Act 53 of 1998 31. Thefollowingsectionis hereby substituted for section 18 of the Short-term Insurance Act.
aA short-term insurer shall notify the Registrar, in the form andof the information required by the Registrar. in respect of every director or managingexecutiveappointed by it or whoseappointmenthas been terminatedby it. or whohasresigned, within 30 daysaftersuch appointment or termination or resignation, as the case may be, together with the reasons for any such termination or resignation.
Amendment of section 23 of Act 53 of 1998 32. Section 23 of the Short-term Insurance Act, 1998.
allow its subsidiary to acquire directly or indirectly shares in terms of section 89 of the Companies Act: Provided that such conditions may.
of section 1 I(I). include a varied or a newregistrationcondition contemplated in sections 10 and 1I. and that in any such case section 11(2) shall apply with the necessary changes.
Amendment of section 25 of Act 53 of 1998 33.
"(1) Subject to this section. no person shall, without the approval of the Registrar, acquire or hold shares or any other interest ina short-term insurer which results in that person. directly or indirectly, aloneor with [anassociate] a related party. exercising controloverthatshort-term insurer."
"(2)No personshallacquireshares in a short-tern1 insurer if the aggregate nominal value of those shares, by itself or together with the aggregate nominal value of the shares already owned by that personor by that person and his. her or its[associates] related parties, will amount to 15 percent or more of the total nominal value of all of the issued shares of the short-terminsurerconcerned, without first having obtainedthe approval of the Registrar."
"(i) subject to theaggregatenominalvalue of the sharesowned by the person concerned and his.
id) bj, the xubstitution in subsection (3)(c)for the words preceding subparagraph words: following (i) of the "may be refused if the person concerned, alone or with his. her or its [associates] relatedparties.
by the substitution in subsection (5)for the words preceding paragraph (a)of following the "For the purposes of this section ['associate'] 'related party', in relation to-"; and If) by the substitution in subsection (6)for the words preceding paragraph (a) of the following words: "For the purposes of this section a person shall be deemed to exercise control over a short-term insurer if that person, aloneor with [associates] related parties-.'.
Amendment of section 47 of Act 53 of 1998 35.
"(3)The policyholder, and the person who entered into the short-term policy, shall be entitled[, against payment of a fee not exceeding that which may be prescribed by the Registrar,] to be provided, upon request, with a copy of the policy.".
Amendment of section 53of Act 53 of 1998 36.
Amendment of Schedule 1 to Act 53 of 1998 37.
by the substitution in paragraph 1 forthedefinition of 'securities' of the following definition: " 'securities' includes bills, bonds, debentures and debenture stock.
[, in respect of which the Registrar has recognised the- (aa) stock exchange outside the Republic; or (bb)country, other than the Republic, in which the regulated market concerned is situated, subject to the conditions determined by the Registrar].
Acreditbalanceinanaccountwith, or a deposit, includinga negotiablecertificate of deposit, or a bill, accepted by, aninstitution incorporatedoutsidetheRepublic[, in a country approved by the Registrar], which would have been a bankin terms of the Banks Act,1990. if it were incorporated in the Republic.": and by the substitution in the Table for item 20 of the following item: "20. Other claims. n.e.s.
Amendment of Schedule 2 to Act 53 of 1998 38. Part I of Schedule 2 to the Short-term Insurance Act, 1998.
Amendment of Schedule 3 to Act 53 of 1998 39.
"(2)Subject to section 63[(4)1 (61, the aggregate value of the assets referred toin subparagraph (1) shaun respect of each particular kindor category specified by regulation, when expressed as a percentageof the aggregate minimum amount required to be held in trust atthattime in accordance with Schedule [3]2, not exceed the percentage specified by regulation in relation to that kind or category of asset."
by the substitution in paragraph 8 for the proviso to subparagraph (I), of the following proviso: Provided that this paragraph shall cease to apply.
such policy in the event of the reinsurance, a s set out in the trust deeds of the Lloyd's Trusts. of all the obligations under the policy by another syndicate: [and] g if the Registrar and Lloyd's so agree.
Substitution of certain expression in Afrikaans text of Act 53 of 1998 40. The Short-term Insurance Act, 1998, is hereby amended by the substitution in the Afrikaans text of the definition of "uitvoerende bestuurder" in section 1(1), sections 9(3)(0)(ii),21(1)and 22(3)(bJ.respectively. for theexpression"bestuurder" of the 45 expression "bestuur".
Repeal of Act 49 of 1998 41. The Insurance Amendment Act, 1998 (Act No 49 of 1998), is hereby repealed.
This Act is called the Insurance Amendment Act,2002, and comes into operation on a date fixed by the President by proclamation in the Gazette.
The Insurance Amendment Bill. 2002 ("the Bill") provides for amendments to the Long-term Insurance Act, 1998 (ActNo. 52 of 1998) and the Short-term Insurance Act, 1998 (ActNo. 53 of 1998) ("the Acts") followingan intensive review by the Registrars of Long-and Short-term Insuranceof the administration, implementation and eficacyof the Acts since their promulgation four years ago.
The Bill is designed to updateandconsolidate the insurance industry'slegislative framework based on internationally accepted principles and best practice.
Expansion of notifications totheRegistrar of Short-andLong-Term Insurance of appointments.
The issuing of different classes of ordinary shares, the buying back of own shares and the holding of shares by a subsidiary in an insurer.
Extension of the scope of misrepresentations by policyholders and the legal consequences thereof (Section53 of Short-term Insurance Act and Section 59 of Lonz-term Insurance Act).
To enhance the financial soundnessof the industry by amendments to the actuarialmethod of calculating thevalue of assets.
Improvements of the wording of Schedules 1. 2 and 3 to the Act.
The references in the paragraphs of this Memorandum (consecutively numbered on left margin) to "clause" in the headings of paragraphs, refer to the applicable clause of the Bill.
This amendment effects changes to the Arrangement of Sections of the Long-term Insurance Act. 1998. consequent to the insertion and amendment of certain sections of the Act and the repeal of Schedule 2 thereof.
Thepresentdefinition of "managing executive" is used inter aliaasone of the categories of persons who, for purposesof registration of a long-term insurer, haveto be tit and properto hold the office concerned. Currently this definition is interpreted as only referring to the chief executive ofiicer or an executive manager of the long-term insurer.
The definition of "managing executive" is expanded to include not only the chief executive officer and executivemanagement, but also seniormanagerswhoreport directly to the chief executive officer.
it is desirable. from a regulatory point of vien.
the concept of "fit and proper" must not only apply toa person. but alsoto the top management of a long-term insurer.
The new definitions to be introduced are: "fair value", to replace the currently used term"marketvalue" in accordance with international accountingstandards;"linked policy" and "market-related policy". which were previously defined in Schedule 2 of the Long-Term Insurance Act (to be repealed); and "capital adequacy requirement" and "linked liabilities". which are required in the new provisions relating to the method of \.aluation of assets. liabilities and capital adequacy requirement.
20 No. 23736 GOVERNMENT GAZETTE, 13 AUGUST 2002 3.
it is essential that the Registrar keeps record not only of any change of the name, but also of the shortened version or derivative of the name.
In terms of sections 15(4) and 70 of the Long-term Insurance Act, only professional reinsurersmaycarry on long-termandshort-termreinsurancebusiness in one (composite) legal entity.
Current position whenever a long-term insurer appoints or terminates the appointments of its directors and managing executive. The section is currently interpretedas not dealing with cases of resignations by directors and managing executive and also not providing the Registrar the right to obtain further information from the specific person.
Resignationsandterminations of appointments maybetheresult of irregular circumstances in an insurer's internal affairs and it is necessary for information thereon to be given. or be available for submission to the Registrar as soon as possible as the interests of policyholders and other stakeholders may be at risk.
Thisamendment is consequential tothedeletions of sections 83 and 84 of the Companies Act.
This addition regulates the acquisition of shares directly or indirectly in a long-term insurer by its subsidiary. The director indirect acquisition by a subsidiary of shares in an insurer has an impact on the financial soundness condition of the insurer. It is therefore imperative for the Registrarto approve such transaction subject to conditions prior to it being effected.
Section 26 of the Long-term Insurance Act, 1998, imposes limitations on the control and the holding of shares and other interests in long-term insurers. To widen the net of such restrictions and to avoid indirect frustrationof the objectives soughtto be achieved by the section, limitations are also imposed on certain "associates" of persons primarily vested with such rights and interests.
The expression "associate" must be replaced by "related party".
22 No. 23736 GOVERNMENT GAZETTE, 13 AUGUST 2002 3.
Thisamendment is consequential to the proposed amendment to Schedule 3 to separate the expressions "liability" and "capital adequacy requirement".
Thisamendment is consequential to theproposed amendmenttoSchedule 3 to separate the expressions .'liability" and "capital adequacy requirement". In addition, further restriction on dividend payments by long-term insurers has been made.
3.21 contains an explanation of Schedule 2.
It is now proposed in paragraph 21 thatSchedule 2 bedeleted. Thoseliabilities mentioned in subparagraph (i) above will now be calculated on the methodof valuation in Schedule 3, as proposed in paragraph 3.11.
For purposeof spreading. distinction is made between liabilities and minimum capital adequacy requirement as a result of amendments to Schedule 3. Funhermore the expression "market value" is replaced with "fair value".
The reasons for the deletion of Schedule 2 and the introduction of a new amended Schedule 3 are mentioned in paragraph 3.31 of this memorandum. The reason for the introduction of a minimum capital adequacy requirement is to set a minimum level at which long-term insurers must spread their assets.
The proposed amendment of section 33(1) of the Act rectifies textual errors in regard to references to the relevant Schedulesof the Act.
The purpose of this addition is to enable an insurer to apply for approval to include shares held directly or indirectlyin its holding company in its assets. Shares held in this manner may have an impact on the linancial soundness condition of the insurer, as well as the capital adequacy of the group to whichtheinsurerbelongs. It istherefore imperative for the Registrar to approve such holding.
This amendment follows the insertion of a definition of "linked policy" in clause 3(c) of the Bill and the proposed deletion of section 33(2).
The amendment rectifies a textual error in the English text of section 36.
The amendment rectifies a textual error in section 39(c).
Section 34(1) of the Long-term Insurance Act provides thata person who is required to provide a policy or policy benefits, as security for a certain transaction.must be given a free choice regarding certain matters.
To exclude "policy loans" from the said requirements. The exclusion will only apply in the case wherea long-term insurer lends money to the holder of and upon the security of. a long-term polic, taken out with that insurer.
Section 47(I) of the Long-term lnsurance Act requires that where a premium is paid in cash, a receipt must be issued containing certain information which includes the name of the insurance cornpan)' involved, the policy number and details of the recipient.
24 No. 23736 GOVERNMENT GAZETTE, 13 AUGUST 2002 or settled. The section also applied to both long-term and short-term policies, andinwas terms of section 60(1)(q)of the repealed Act also applicable to policies of Lloyd's.
The intention in the newly worded section 59(1) is not to affect the application of the section as regards the matters referred to in paragraph (a) above, but only to clearly broaden the scope of the expression "representation". In strictlawthis expression in this context basically and in the first place refersto representations by means of positive acts ("misrepresentations per commissionem") committed by a policyholder. but can according to legal dogmaticsalso be interpreted ascovering(negative)casesof omissions ("misrepresentations per omissionem"), such as failures to disclose certain information. The intention behind the new section 59(1) is to make this legal position clear in order to promote the extension of the relative protection granted in the section to policyholders who are guilty of non-material inaccuracies. In conjunction with this aim. the new paragraph (0) of section 59(1) intends to legally clarify the concept of "materiality" of representations.
The new wording should clearly promote legal certainty as regards the exact intention behind section 59(l)(ai, and also clarifies the legal position following conflicting views expressed in two judgmentsof the SupremeCourt of Appeal. The proposed amendment has been recommended by the Ombudsman for Long-term Insurance. the Honourable Judge J. H. Steyn. As regards the new section 59(l)(b), this summarises views on the relevant "materiality" as enunciated by the Courts.
The Act is silent on the working of the in duplum-rule and therefore the common law principles apply in respect of cases mentioned in section61, namely, that unpaid interest on a capital amount due only accumulates up to an amount equal to the capital.
The application of the rule must be excluded in the case of loans against long-term policies.
Association made representations to the Advisory Committee on Long-term Insurance regarding this matter and the Committee resolved that an amendment should be made.
insurers can circumvent the common law rule quite easily by implementing certain system changes which will have huge cost implications and which will ultimately have to be borne by policyholders.
Clause 2(d)of the Bill effects a terminological change in the Afrikaans text of the Long-termInsuranceAct, toreplace"uitvoerendebestuurder"with"uitvoerende bestuur". Clause23 of the Bill effects consequential changes to other sections of the Act where currently the word "bestuurder" is still used. (See also clause 40 of the Bill as regards corresponding changes to the Short-term Insurance Act.
Schedule 1 to the Long-term Insurance Act deals with the assetsof long-term insurers.
Clause 22(b): Paragraph2(b)(i) of Schedule 1 requiresthattheRegistrarmust approve a counterparty to an over-the-counter instrument.
Clause 22(c): Item 16(1) of the Table to Schedule 1 refers to "debentures" which are already included in the definition of "securities" in paragraph 1 of the Schedule.
Clause 22(a): The wide effect of the current wording hasto be limited for the sake of legal certainty by empowering the Registrar rather to prescribe the other financial instruments contemplated.
Clause 22(b): Instead of approving the counterparty the Registrar will approve the criteria for a counterparty.
Clause 22(c): "Debentures" is replaced by the wider "securities" (as defined).
Clause 22(a): Legal certainty requires a more specific provision instead of a vague generality.
Clause 22(b): It is practically not possible for the Registrar to approve each and every counterparty.
Clause 22(c): ToenabletheRegistrartoapprove of new kinds of financial instruments which are continuously being developed.
Current position regarded as an asset in the Republic which long-term insurers must hold, if the Registrar has recognised the stock exchange or the country in which a regulated market exists.
A few aspects of the amendment proposals are formal and textual, but essentially the proposals mean that the relevant assets will still be regarded as assets in the Republic, but the stock exchange or the country within which a regulated market exists, shall no longer be subject to recognition by the Registrar.
Investing on a recognised stock exchange or in a country within which a regulated proposed amendments will have the effect that greater responsibility will be placed on the directorsof long-term insurance companiesto assess the risks in investing on foreign stock exchanges and regulated markets. Furthermore, this will facilitate investments in e.g. SADC and other developing countries without having to wait for the Registrar's recognition.
Item 20 in the Tableto Schedule 1 of the Long-term Insurance Act, contains one of the classes of assets which a long-term insurer may hold in the Republic. The item only includeclaimsagainststocks or shares in a body which is not incorporatedand registered in the Republic. but which in the opinion of the Registrar carrieson business in the Republic.
The item is re-arranged to allow also for claims against, and for stocks or shares in.
a body corporate which is not incorporated and registered in the Republic, but which in the opinion of the Registrar carries on business in the Republic.
unintended consequences resulted from the present wording. such as a claim against a stock or share of a body corporate; -only claims are allowed as an asset in terms of the current wording; and as they were allowed in the Insurance Act.
Schedule 2 to the Long-term Insurance Act regulates the methodof calculation of the value of a long-term insurer's assets and liabilities for the purposes of section 30 of that Act (maintenance of a financially sound condition), on what was commonly known as the "prescribed valuation method". Part I of the Schedule deals with the valuation of assets and PartI1 deals with the valuationof liabilities. The valuation of liabilities is also used for purposes of section 31 of that Act (spreading requirements). Theprescribedvaluationmethod is a prescriptivebasis.
the method requires different approaches to the valuation of the assets and the liabilities of a long-term insurer, thereby making the values inconsistent with each other.
Schedule 3 to the Long-term Insurance Act regulates the method of calculation of the value of a long-term insurer's assets and liabilities for the purposes of section30 of the Act (maintenance of a financially sound condition). on what was commonly known as the "financial soundness valuation method". This method has been developed by the Actuarial Society of South Africa and has been in use for the past 6 years.
In future the method of valuation in Schedule 3 will be the only method of valuation to be used for purposesof section 30 of the said Act (maintenance of a financially sound position). Schedule 3 is to be replaced by a new Schedule. adjusted to incorporateall the requirements.whicharedeemednecessary to replacetheprescribedvaluation, after which Schedule 2 can be repealed.
From a regulatory perspective. the method of valuation in Schedule3 is a much more informativemethod, it is more applicable to currenttypes of long-term insurance business and it is in line with actuarial practice.
Specific comment as regards paragraphs of new Schedule 3 liabilities. where such a policy is important as it may be deducted from the amount of the liability: subparagraph (n)(i)(Dh) of the definition, dealing with foreign insurers. provides that if reinsurance is placed with another insurer approved by the Registrar, such reinsurance will be approved reinsurance; the ne\\ approach is to amend these provisions to provide that the Registrar may grant approval subject to conditions.
it is necessary to require the foreign insurer to provide the local insurer with the necessary security.
Par 3:the Registrar is now empowered to prescribe the basis of the calculation of values of assets. liabilities and capital adequacy requirement.
Par 4: the provisions relating to amounts that must be disregarded have been streamlined and. inter alia. it has been made clear that negative reserves will not be allowed as assets although they may be deducted from liabilities.
Par 5: theseprovisionswerecovered in subparagraphs (c) and (d) of paragraph 3 of the existing Schedule 3.
Par 6: the Registrar is empowered to take action where the valuation of assets.
contingent liabilities or capital adequacy requirement by means of the method of valuation in Schedule 3 does not result in acceptable and proper values.
3.22 Clause 25: Amendment of Arrangement of Sections of Act 53 of 1998 consequent on the insertion of a new section in that Act, and other amendments.
28 No. 23736 GOVERNMENT GAZETTE, 13 AUGUST 2002 3.
The definition is expanded to also include a non-underwriting member of Lloyd's.
UndertheLong-termInsuranceActa"representative"canmeanbothanatural person and a body corporate. In the Short-term Insurance Act the statutory definition differs as denoting only "employed" persons who can only be natural persons.
It must be made clear that the intention is that a "representative" in the Short-term Insurance Act only denotes natural persons.
The current definitionin the Short-term Insurance Act has caused uncertainty and an appropriate amendment is necessary in order to achieve legal certainty.
This proposed amendment corresponds with that in clause3 of the Bill relating to the Long-termInsuranceAct:seethemotivation in paragraph 3.3 abovein this Memorandum.
The deletion of words in section 8(6) is necessary as they are already contained in section 17 of the Short-term Insurance Act.
The Short-term Insurance Act issilent on whether a short-term insurermay refer to a policy as a "funeral policy" or "burial policy".
Section 8(6)is amended to prohibit short-term insurers from marketing and calling or referring to a short-term insurance policy (whichis in any case defined in the Short-term Insurance Act) as a funeral policy or burial policy.
assistance business is exclusively long-term insurance business and should be kept in that realm.
The proposed amendment corresponds with thatin clause 6of the Bill, relating to the Long-term Insurance Act: see motivation in paragraph 3.6 of this Memorandum, above.
This amendment to section 17(b) of the Short-term Insurance Act corresponds with that in clause4 of the Bill relating to the Long-term Insurance Act: see the motivation in paragraph 3.4 above in this Memorandum.
The reason for the substitution of section 18 of the Short-term Insurance Act is the same as that applying to the corresponding amendment of the Long-term Insurance Act in clause 7 of the Bill (see paragraph 3.7 of this Memorandum).
This amendment to section23 of the Short-term Insurance Act corresponds with that in clause 8 of the Bill relating to the Long-term Insurance Act: see the motivation in paragraph 3.8 above in this Memorandum.
This amendment corresponds to the amendment in clause9 of the Bill, relating to the Long-term Insurance Act: see paragraph 3.9 of this Memorandum, above.
To be in line with the requirement in the Long-term Insurance Act, this section is amended to entitle a policyholder to obtain a copy of his or her policy free of charge.
The substitution of section 53 of the Short-term Insurance Act corresponds with that in clause 19 of the Bill relating to section 59 of the Long-term Insurance Act: see the motivation in paragraph 3.17 above in this Memorandum.
This amendmentof Schedule 1 to the Short-term Insurance Act corresponds with that in clause 22 of the Bill relating to the Long-term Insurance Act: see the motivation in paragraph 3.20 above in this Memorandum.
Paragraph ~(LI)in Part I of Schedule 2 determines which assets shall be disregardedin the calculation ofthecalue of the assets of an insurer. One of theamounts to be disregarded is the amount representing a negative liability.
Paragraph l(n)(v) is amended to delete"a negative liability" and to allow for a claim against a reinsurer in terms of a reinsurance contract to be regarded as an asset.
it makes clear that reinsurance placed with a non-approved reinsurer will be disregarded in valuing the assets the short-term insurer holds.
The provisoto paragraph 8(1) of Schedule 3 provides that the transitional provisions contained in that paragraph shall cease to apply if obligations under a Lloyd's policy are reinsured and the Registrar and Lloyd's so agree.
The amendment makes it clear that the transitional provisions will cease to apply in the event of either the one or the other occurrence.
The new proposed wording clarifies the original intention with the proviso.
This clause follows. as regards the Short-term Insurance Act, the amendments set out in clause 21 of the Bill as regards the Long-term Insurance Act (see paragraph 3.19 of this Memorandum. above).
Clauses 41- 42 of the Bill deal with incidental matters.
The following persons were consulted.
Most registered Long-term and Short-term Insurers including re-insurers.
Free State Department of Finance.
The Bill does not have any financial implications for the State.
75 of the Constitution, since it contains no provision to which the procedure set out in Section 74 or 76 of the Constitution applies.
<fn>GOV-ZA.23740En.2012-02-10.en.txt</fn>
I, Angela Thokozile Didiza, Minister for Agriculture andLand Affairs hereby publish the Communal Land Rights Bill, 2002 for comment by the general public.
to provide for land rights investigations; to provide forthe establishment of land rights boards; toprovidefor leases of communallandforcommercialand developmental purposes; to provide for the expropriation Of COmmnal land Or individual holdings within communal land for certain purposes; to Provide for the registration of deeds and alienation of certain rights inCOmmUnal land; to Provide assignment of duties and the making of regulations; to provide for the repeal of certain laws; and to provide formatters incidental thereto.
AND FURTHER RECOGNISING that many women were made perpetual minors without rights to property and that legal mechanisms need to be developed to assert their equal rights to property.
TRANSFER OF COMMUNAL LAND 32 16. Transfer of State land to communities or individual households or individual families or individual persons 32 17. Application for transfer of land or initiation of projects for transfer of land by the Minister 33 18. Preliminary land rights inquiry and report 33 19. Notice of application and project 35 20. Inquiry into objections and any other matter the Minister may deem relevant 36 21. Consideration of application or project by Minister 36 22. Opening of Communal Land Register 37 23. Registrationof Deeds of Land Tenure Rights and Deeds of Transfer 39 24. Registration of new allocations of Land Tenure Rights to community members after the openingof communal land rights register 40 25. Conversion of registered land tenure rights intofull ownership 40 26. Transfer costs and stamp duties 41 70 No.
ALIENATION OF COMMUNAL LAND FOR DEVELOPMENT AND COMMERCIAL PURPOSES 42 29.
Themaking of community rules, the application for the registration of rules and land administration and natural resources management in terms of this Act 45 33. Appointment of administrative structure 52 35. Restriction on rewards 55 37. Establishment of land rights boards 56 38. Constitution of land rights boards 57 39. Disqualification as board member and vacationof office 59 40. Functions of Land Rights Boards 60 41.
DISPUTE RESOLUTION 63 44. Settlement of disputes 63 63 45. Choice of Court 64 46. Powers of courts 64 48.
Magistrate 66 50.
EVICTION OF PERSONS WHOSE TENURE RIGHTS HAVE BEEN TERMINATED 68 52.
CHAPTER XI 71 57. Matters calling for the conduct of a land rights inquiry 71 58. Designation of a land rights inquirer or appointment of person to assist the land rights inquirer 72 59. Functions ofa land rights inquirer and assistant to the land rights inquirer 73 75 60.
Offences 81 64.
Delegation of powers and assignmentof duties 81 66. Regulations 81 67. Act binds state 82 68. Limitation of liability 82 69. Amendment and repealof laws and savings 83 70. The status of the Interim Protectionof Informal Land Right Act, 1996 (Act No. 31 of 1996) 83 71. Short title 83 72. Date of commencement 83 73. Schedule 1 84 74. Schedule 2 89 75. Repeal of laws 89 14 No. 23740 GAZETTE.
(i)theSouthAfricanDevelopmentTrustestablishedbysection 4 of the Development Trust and Land Act, 1936 (Act No.
was listed in the schedules to the BlackLandAct,1913(Act No.
(ii)waslisted in the schedule of releasedareas in terms of the Development Trust and Land Act, 1936 (ActNo.
(d)landwhich wasacquiredbyorforacommunity, butwasnot.
Trust Act, No.
"communities" has a corresponding meaning.
"Deeds Registry Act" means the Deeds Registry Act, 1937 Act NO.
"project" means a project as contemplated in section 17.
"registrationofficer"means a registrationofficer as contemplated in section 32(13) of this Act.
(xxxvi)"this Act" includes any regulations made andin force under this Act.
recognize alternative dispute resolution mechanisms for the resolution of conflicts and disputes concerning communal land, arising from any cause, land; and provide for certain institutional, material and technical support by the State tocommunities in the ownershipandmanagement of theirlandtenure rights, subject to the provisions of the Constitution and this Act.
excluding land restored or awarded to any individual or community in terms of the Restitution of Land Rights Act, 1994 (ActNo. 22of 1994).
COMMUNAL LAND. TENURE SYSTEMS Juristic personalityof communities 4 (1) A community, upontheregistration of its community rules in terms of section 32 shall be establishedas a juristic person.
have(c) succession of in perpetual regardless its changes membership.
No.22 of 1994, shall take place, if at all, only after and subject to thefinal determination of the restitution claim.
(ii)AnysimilarlegislationorRegulationorProclamation in force in any area currently comprising the Republic of South Africa at any material time; and and existing at the date of commencement of this Act shall be deemed to have been lawfully created, provided that the Minister is satisfied, after due and thorough enquiry, includingconsultationwiththeLandRightsBoardorBoards, thattheallegedrights holder acted in good faith and further provided that the issuing of the land tenure right was not for any other reason unlawful.
IO. (1) Anadministrativestructure, dulyactingonbehalf of the community, orany person whose right to land is adversely affected by the conditions referred to in section 8 may, as prescribed, apply to the Minister for an award of comparable redress.A copy of the application shall be lodged with the Land Rights Board having jurisdiction in the area.
Minister after ofapplication in subsection (I),at her or his discretion, initiate the procedure in terms of this Chapter for the awardingof comparable redress.
the extent of overcrowding orpoverty in the area; and the number of persons affected by the conditions referred to in paragraphs application referred to in section IO.
and provide the Minister witha written report, in the prescribed form, regarding the land rights inquiry together with an appropriate recommendation with regard to the issues contemplated in paragraphs (a),(b)and (c) orany other issue the land rights inquirer may find necessary to submit tothe Minister.
TheMinistermayimposeanyreasonable condition in respectof a comparable redress award and may impose different conditions in respect of different awards, if there isa reasonable basis for the imposition of such conditions.
32 No. 23740 GOVERNMENT GAZETTE, 14 AUGUST 2002 for the purpose of transferring such land to the beneficiaries of comparable redress in terms of this Chapter orto appropriate juristic bodies of which such beneficiaries are the members or beneficiaries.
the name of the beneficiaries.
Neither transfer duty in terms of the Transfer Duty Act, 1949 Act No.
1949) nor value added tax in terms of the Value Added Tax Act, 1991 (Act No. 89 of section 15(1).
(b)individualhousehold or individual family or individualpersoninthe form of Deed of Transfer as contemplated in sections 21.
Thefunctions of a conveyancer to be performed in order toeffect the registration of a transfer toa community, or individual household, or individual family or individualperson may be performedbyan official employed by the Department.
procedure for the possible transfer of land and appropriate registration of rights in land referred to in this Chapter.
7 and 32(3);and any other documentor information that may be required or prescribed.
34 No.23740 GOVERNMENT GAZETTE.
A land rights inquirer appointed for this purpose shall use her or his best endeavours to complete the investigation within a period of 120 days of receipt of the application or such extended period as maybe agreed with the applicant.
36 No. 23740 GAZETTE.
decision with reasons and advise on how the application or the project could be amended to make it comply with the objectives of this Act.
TheMinistermay, aftersheor hehasconsideredthe final report of the land rights inquirer as contemplated in section 20, approve or refuse the application or the project provided that if the application or the project has been refused, the Minister shall furnish the reasons for the decision to the applicantor the intended beneficiaryof the project.
Deeds Registries Act register the Deed of Transfer.
TheRegistrarofDeedsmust, when the communal generalplanhasbeen lodged in terms of subsection (4), register the communal general pian and open thecommunallandregister in respect of the land concerned, containingthe prescribed information. Section 46 of the Deeds Registries Act will apply with the necessary changes.
In the case of land or land tenure right, allocated to an individual household or the individual family, the Deed of Land Tenure Right or the Deed of Transfer shall be registered in the name of the person or persons, subject to the laws governing the matrimonial property regime between spouses on behalf of the household or family, as governed by the community rules.
Subject to the provisionsof this Act and community rules, land tenure rights may be conveyed from one household or family or person to another by Deed of Land Tenure Rights in accordance with the provisions of this Chapter and the Deeds Registries Act subjectto the necessary changes.
The right of the holder of the land tenure right to alienate or otherwise dispose of a right shall governed by the community rules.
40 No. 23740 GOVERNMENT GAZETTE, 14 AUGUST 2002 members after openingof communal land rights register applicable legislation.
Conversion of land tenure rights into full ownership structure for the conversion of her or his land tenure right into full ownership.
The community, subject to section 7(3) and (4) and the community rules, must consider and approve or reject the application for the conversion of land tenure right into full ownership.
The community may impose any reasonable condition or reserve any right on behalf of or in favour of the community.
The administrative structure shall cause the relevant portion of the land to be surveyed and a diagram to be prepared and submitted to the Surveyor-General for approval in terms of the Land Survey Act.
The administrative structure on behalf of the owner shall cause the preparation and lodgment of a Deed of Transfer together with the existing Deed of Land Tenure Right, the Tittle Deed of the community and the diagram of the relevant portion with the Registrar of Deeds.
Registries Act, register the Deedof Transfer and make the necessary entries and endorsements in her or his registers and on the relevant deeds on compliance whereupon the Deed of Transfer shall supercede the existing Deedof Land Tenure Right.
Transfer duty, value added tax or stamp duty is not payable in respect of the first registration of a DeedofTransferorDeedsofLandTenureRights in terms ofthis Chapter.
GOVERNMENT 14 AUGUST 2002 and with anything consequent on such application or request including the preparation, lodgment and attestation or execution of any deed, document or diagram required for such registration.
The provisions of section 58(2) and (3) apply, with the necessary changes required by the context, to a person appointed in terms of sub-section (1).
The granting of a right contemplated in sub-section (1) by means of a deed executed by the administrative structure on behalf of the community and the organ of Stateconcerned shall be attestedto by a registered legal practitioner.
(a)notbepaidintotheNationalRevenueFundestablishedbysection 213 of the Constitution: and be distributed in ajustandequitablemanner to the communityas agreed to by the Minister and at least a majority of the holders of land tenure rights or interests referred to in sub-section (I).
Such leases shall be mortgageable and alienable by the lessees.
Any benefit accruing to community members arising from an agreement contemplated in sub-section (I),must be distributed in a just and equitable manner to the community in accordance with its rules and the provisions of this Act.
The administrative structure shall cause the deed to be lodgedwith the Registrar of Deeds for the registration of deeds of lease in accordance with the Deeds Registries Act.
make rules with regardto the nature and content, exercise or administration of its land tenure rights.
46 No.23740 GOVERNMENT GAZETTE.
GOVERNMENT 14 AUGUST 2002 in the and members, andshallexercisetheirpowers in the best interests of all the members of the community, without any advantage to themselves in comparison with other members who are similarly placed.
A community wishing to be established as a juristic person in terms ofsection 4 of the ActmayapplytotheDirector-Generalfor assistance in the preparation of community rules.
community rules in order to make it comply with the provisions of such suggestions.
The community shall, as soon as practicable after the adoption of the community rules, submit the rules together with the prescribed information to the Director-General.
in section 4.
If the Director-General is satisfied that the community qualifies to be established as a juristic person, she or he shall refer the application, community rules and writtenconsent, to the RegistrationOfficer, whoshallregisterthecommunity rules in the prescribedmanner, allocate a registrationnumber, andissue a certificateofregistration. TheRegistrationOfficershall be an officerofthe Department of Land Affairs designated by the Director-General.
The Registration Officer shall keep a register of registered communities to which the provisions of this Act applies.
On request and on payment of the prescribed fee, the Registration Officer shall provide members of the public with information contained in the register and with a copy of the community rules of any registered community.
The Director-General may assista community to deal with any issue, which is to be addressed in order to establish the community as a juristic person.
The rules contemplated in this section shall be made subject to the provisions of this Act.
(c)circumstances in the areaprevent them from conveningsuch a meeting or from freely expressing their views.
treat any matter discussed and unresolved at the meeting as the subject of a dispute to be dealt with in terms of the remaining provisions of Chapter IX, and must advise the land tenure right holders of their rights in terms of that Chapter.
CHAPTER VI11 LAND RIGHTS BOARDS Establishment of Land RightsBoards establish such Land Rights Boards assheor he maydetermine, having jurisdiction for such areas as he or she must prescribe; and disestablish a Boardor amend its area of jurisdiction if its establishment or area is no longer appropriate. A Land Rights Board must perform the functions prescribed in this Act.
In appointing members of aBoard, theMinister must have dueregard to the general principles applicable to land tenure rights as contemplated in section 7, the objectsofthisAct, theneed to ensure andpromotegender, disabilityandother demographic representation and any other relevant factor.
Every member of a Board must be appointed for a period of five years, but the Minister may in her or his discretion extend the term of sucha member by a further period not exceeding three months has been appointed.
Whenthechairperson is unable to perform the functions ofthat office, the deputy chairperson shall perform them.
A member may nominate an alternate member who must act in her or his place if required and if the Minister approves such nomination.
TheMinistermustpublish in the Gazette thenamesofandpositionheld by each appointee to a Board and the date on which each appointment takes effect.
(d)has, without the leave of the Council, beenabsentfrom two ormore meetings of the Council duringa continuous twelve-month period.
attend any meeting or meetings of communities and administrative structures; and refer any dispute to the Director-General for the appointment of a mediator.
The Minister shall provide Land Rights Boards with the staff, accommodation and finances necessary for the exercise of their powers and performance of their functions, subject to the laws governing the public service.
A dispute, whichcouldnotbesettled as contemplated in subsection (l), may be referred to mediation in terms of the provisionsof this Chapter.
Notwithstandingtheprovisions ofsubsections (1) or (2), anymember of the community whose land tenure right or any right incidental thereto is infringed upon or threatened, may approach the magistrate's court or the Land Claims Court for appropriate relief.
A partymayinstituteproceedings in the magistrate'scourtwithinwhose area of jurisdiction the land in question is situate, or the Land Claims Court.
TherulesBoardforCourts of Lawestablished by section 2 of theRules Board for Courtsof Law Act, 1985 (Act No. 107of 1.985)'may make rules to govern the procedure in the High Court and the magistrate's courts in terms of this Act.
make such orders for the costs as it deems just.
66 No.23740 GOVERNMENT GAZETTE.
Any civil appeal fromthemagistrate'scourt in terms of thisActshallbe lodged with the Land Claims Court.
Any order for eviction contemplated in subsection (3) shall be suspended pending the review thereofby the Land Claims Court.
The Director-General may, on reasonable conditions that he or she may determine, appoint one or more persons referredto in subsection (1): Provided that the parties to the dispute may atany time, by agreement, appoint another personto facilitate meetings or mediate the dispute, on reasonable conditions the Director-General may determine.
A personappointed in terms of subsection (1) who is not in the full-time service of the State may, from moneys appropriated by Parliament for this purpose, for services performed by her or him, be paid such remuneration and allowances as the Minister, in consultation with the Minister of Finance, may determine.
Nothing contained in this Act limits the right of a person to approach an appropriate court orto refer a dispute to arbitration.
Application of Chapter lawfully been terminated by a community as contemplated in subsection 6(2) or by the remedies in relation to eviction.
a community which holds land tenure rightsin such land, and the Minister in respect of State land being administeredby her or him, may, if such right is infringed upon by an occupant, institute proceedings for the eviction of that occupant.
Notwithstandingtheprovisions of anyotherlaw, anoccupantmayonly be evicted from land after her or his land tenure right has been terminated as contemplated in sections6 and 14, and in terms of an order of court granted in terms of this Chapter.
must be carried out by and in the presenceof the sheriff.
A court may authorize any person to assist the sheriff to carry out an order for eviction, demolitionor removal at the request of the sheriff and subject to such conditions as the court may determine.
A court may, on good cause shown, vary any term or condition of an order for eviction made byit.
person evicted, if a final order is not granted.
TheMinistermay, in general or in specific cases, designateanofficer in the full time employ of the Department or appoint any other suitable person as a land rightsinquireroranassistant to alandrightsinquirer to conductinvestigations contemplated in this Act.
The Minister shall, in terms of the laws governing public finance and of this Act, determine the terms of reference of a land rights inquirer and an assistant to the landrightsinquirer, andtheconditionsofserviceand, with the concurrence ofthe Minister of Finance, the remuneration and allowances to be paid to a person appointed in terms of sub-section(1) who is not an official employedby the State.
A personwhohasaninterest of whatevernature in any aspect of the subject matter of the inquiry may not be appointed as a land rights inquirer or assistant to the land rights inquirerin respect of such inquiry.
Board or the Director-Geieral for the appointment of a mediator.
accompanied by any other person reasonably requiredto assist him or her in exercising or performing any function or duty under this Act.
sufficiently identify any book, document or object to be produced.
a description of the book, document or object suspected of being on the premises and its relevanceto the land rights inquiry; and the grounds for such suspicion.
The owner or occupier of any premises to be entered and inspected, and every person employed by that owner or occupier, must provide such facilities required by the land rights inquirer to enter those premisesto enable him or her to carry out the inspection and seizure.
Thelawrelating to privilege as it applies to a witnesssubpoenaedtogive evidence or to produce any book, document or object before a court of law shall apply to the questioning of any person or the praduction or seizure of any book, document or object in terms of this section.
who appears before a land rights inquirer, whetherin response to a subpoena or not.
Thelawsgoverning the sub-division ofagricultural land and the establishment of townships shall not apply to communal land unless the Minister directs otherwise in a notice in the Gazette.
for any purpose relating to a provision of this Act.
Without derogating from the powers a Minister may exercise under section 25 of the Constitution and the Expropriation Act,1975 (Act No. 63 of 1975),the Minister may for the purposes of this Act, exercise equivalent powers to the powers such other Minister may exercise under the Expropriation Act,1975 (Act No. 63 of 't975).
The owner of any land or the holder of a right to the land, which has been expropriated in terms of sub-section (I), is entitled to payment of such compensation in respect of the expropriation of such land or right asis prescribed by the Constitution.
Any right in land may be expropriated in accordance with the provisions of this section or any other law providing for the expropriation ofland or rights in land, and for purposes of such an expropriation, the holder of a right in land must be treated as the owner of the right.
unlawfully requires any other person to refrain from exercising a right in terms of or under this Act;or in any manner prevents any other personfrom exercising such a right, is guilty of an offence.
in the case of State land, the consent of the Minister, is guilty of an offence.
refuses to take an oath or affirmation as a witness when the land refuses to answer any question of the land rights inquirer fully and without good cause, fails to produce any book, document or object specified in a subpoena issued by the land rights inquirer; or does or says anything in relation to the land rights inquirer which if saidordoneinrelationtoacourt of law wouldbecontemptof court.
(a> in the case of anoffencereferredto in section 63(1)or (2) to a fine or imprisonment for a period not exceeding two years, or 'both such fine as may be prescribed by regulation and imprisonment; and in the caseofanoffencereferredto in section 66(3),to the penalty applicable toa similar offence in a magistrate's court.
TheMinisterandtheDirector-General, asthecasemaybe, maydelegateor assign any power or duty, which has been conferred or imposed upon her or him in this Act.
Anyregulationmadeundersubs-sections (I)and (2) may, in respect of any contravention thereof create an offence.
This Act is binding ontheState.
The statusof the interim Protectionof Informal Land Rights Act, 1996 (Act No.
TheInterimProtectionofInformallandRightsAct,1996(Act No. 31 of 1996) shall, subject to the provisions of this Act, be applicable to persons having land tenurein respect of communal land whose security of tenure to such land has not been secured by the registrationof deeds of transfer and deedsof land tenure rights.
of community membership.
rights of accesstoattendmeetingsand to recordsandminutes held by community members and other persons.
the administrative structure; or and where applicable, the voting majorities required to make a decision and the method or methods of voting.
the provision of access to financial records and information by community members and other persons.
(a)Provision shall be made for theappointment of custodians of households headed by minors for the benefitof such households.
10 Settlement of Disputes Rules and procedures for the settlementof disputes as contemplated in section 44(1).
<fn>GOV-ZA.23745En.2012-02-10.en.txt</fn>
Vol. 446 Cape Town 15 August 2002 No.
Notice is hereby given that the Minister of Communications, Dr IF Matsepe-Casaburri intends to introduce the Broadcasting Amendment Bill, 2002 in the National Assembly in this Government Gazette.
Words in bold in square indicate from existing enactments.
Amendment of the Preamble to Act4 of 1999 1. ThePreambletotheBroadcastingAct. 1999 (Act No.
"Realising that the broadcasting system must reflect the identity and diverse nature of South Africa, is controlled and managed by persons or groups of persons from a diverse range of communities, including persons from previously disadvantaged groups, andmust reflectthemultilingualand diversenature of South Africa by 10 promoting the entire spectrum of cultural backgrounds, religious backgrounds and official languages in the Republic;".
Amendment of section 1 of Act 4 of 1999 2.
' 'business'.
notice in the Gazette.
n j by the insertion after the definition of "IBAAct" of the following definitions: '.
((1) by the substitution for the detinition of "multi-channel distribution service" of following the .'
(1-1 by the insertion after the definition of "multi-channel distribution service" of the following definition: .. 'national intrrest' meansthe founding provisions of the Republic as provided in Chapter I of the Constitution, 1996 (Act No.
(t, by the insertion aftsr the definition of "old Corporation" of the following definition: '' 'person' has the meaning assignedto it in section2 of the Interpretation Act. 1957 (Act No. 33 of 1957), and includes any departmentof state or administration in the national.provincial or localspheres of yovern- rnent."
(1,) by the insertion after the definition of "radio" of the following definitions: .'
(.v) by the insertion after the definition of "television broadcasting service"of the followiny definitions: .'
by the deletion of the definition of "transfer date"; (ua)by the deletion of subsection (3).
Amendment of section 3 of Act 4 of 1999 3.
Amendment of section 4 of Act 4 of 1999 4.
(crl the substitution for subsections (I) and () of the following subsections?
*(1) Anypersonwhointendstoprovide a broadcasting or signal distribution service,[including distribution services] whethersatel-lite or b~ terrestrial transmitters, [or any other form of distribution which offer programming to the public] is required to obtain [a] @ necessarylicence in accordancewiththeconditions [which the Authority may determine from time to time] prescribed by the .4uthority.
be deemed to have the necessary permission to continue[its activities for a period not exceeding six months from the commencement of this Act or until such time as the Authority has decided on the licence application and, in the event of a decision to grant the application, has issued such licence] to operate such serviceuntil a date determined by the Authorityin the Grl,-erteor until the dateupon which the Authority has granted or refused a broadcasting or distributionlicencetosuch person after application by such personfor a broadcasting or distribution licence. whichever date is the earlier.
"(5) [No] Subjecttosubsection (2). no personmayprovide a broadcasting service unless such service is provided in accordance with a broadcasting licence issued to that person by the Authority."
Subject to subsection (7),no broadcasting or distribution service shall provide a service through a channel or station that isnot defined in a broadcasting or distribution licence and authorised by the Authority in term of the regulations contemplated in subsection (8).
(7)Anychannelorradiostation that carried on a broadcasting or distribution service immediately before the commencement of this Act is deemed to have the necesary permission to continue its activities until theAuthoritvhasmade 3 decision, on amlication for authorisation in 1 terms of the reyulations contemplated in subsection (S).
"(8)In terms of section 78 of the IBA Act the Authority must make regulations prescribing the terms of and proceduresfor the authorisation of all channels and stations carried by broadcasting or distribution services.".
Amendment of section 5 of Act 4 of 1999 8.
by the substitution for subsection () of the following subsection?
(2)Subject to [the provisions of] this Act.
anyotherclass of licenceas [determined] prescribed by the Authority from time to time.
Substitution of section 6 of Act 4 of 1999 6.
(2)In terms of this Charter, the Corporation will in pursuit of its objectives and in exercise of its powers, enjoy freedom of expression and journalistic, creative and programming independence.
(3)The Board must ensure accurate, accountable and fair reporting by the Corporation in order to advance the national and public interest of the Republic.
The Board must prepareandsubmit to theMinisterforapproval withinthreemonthsafterthedate of conversion. policies governing the exercise of accurate, accountable and fair reportingin order to advance the national and public interest of the Republic.
TheBoardandindividualjournalists of theCorporationshallbe subject to the policies of the Corporation dealing with accurate. fair and responsible journalism and thus exercise care and skill and act in the best interests of the Corporation.
Amendment of heading to Part 2 of Chapter IV of Act 4 of 1999 7.
"Establishment, [incorporation] conversion, objectives and organisation of Corporation. ".
With effect from a date determinedby the Minister by notice in the Gazette, which may be a date prior to the commencement of this Act, the Corporation must be convertedinto a publiccompany in terms of the CompaniesActand on thedate of conversion theCorporationshallbe known as the South African Broadcasting Corporation Limited.
(2)The Corporation must havea share capital as contemplated in section 19 of the Companies Act with the State as its sole shareholder with effect from the date of conversion referred to in subsection (1).
The applicable transitional provisions relating to the conversion of the Corporation into a public company are set out in Schedule 2.
Amendment of section 8 of Act 4 of 1999 9.
"(d)to provide. in its public broadcasting services, radio and television program-ming that informs, educates, spiritually enriches and entertains:".
Substitution of section 9of Act 4 of 1999 10.
(3)The public and commercial broadcasting [service] service divisions [of the Corporation] must be separately administeredandaseparateset of financial recordsandaccountsare to be kept in respect of eachsuchdivision.
Amendment of section 10 of Act 4 of 1999 11.
"(e) includesignificantamounts of educational programming, both curriculum-based and informal educative topics from a wide range of social. political and economic issues. including, but not limited to, human rights.
(iii)thereport of the auditors on thefinancialstatements of the public broadcasting service division for the financial year of the Corporation.
Amendment of section 11 of Act 4 of 1999 12.
(2) The Corporation must.
the report of the auditors on the financial statements of the commercial broadcasting service division for the financial year of the Corporation.
Amendment of section 13 of Act 4 of 1999 14. Section I of the principal Act is hereby amended?
"(9) The Board of the old Corporation as constituted on the date of 15 conversion constitutes the first Board of the Corporation."
"(11) The Board determines the overall policies of the Corporation as contemplated in this Act.".
Act 20 15.
13A. i1) The management and control of the business and affairs-(ai of the public service division is vested in a public service management board: and !5 the service is in commercial broadcasting service management board.
ia the public broadcastingservicedivision, thepublicservicemanage-40 mentboard may exercise all thepowersandmustperform all the duties of the Corporation in relation to the public broadcasting service division. which may not be inconsistent with this Act or any policyof the Corporation determined or established by the Board: and the commercial broadcasting service division, the commercial service 45 management board may exercise all the powers and must perform all the duties of the Corporation in relation to the commercial broadcast-ing senice division, which may not be inconsistent with this Act or any policy of the Corporation determined or established by the Board.
The specificpowersandduties of each of thepublicservice 50 management board and the commercial service management board are sel out in the memorandum and articles of association of the Corporation.
of their powers and such of their duties as they deemfit to an executive committee consisting of the Group Chief Executive Officer. the Chief Operations Officer, the Chief Financial Officer and four other members appointed by the Board.
Repeal of section 19 of Act 4of 1999 17. Section 19 of the principal Act is hereby repealed.
Substitution of section 22 of Act 4of 1999 18.
Despite any other law, no transfer duty. stamp dutyor any other duty is payable in respect of the transferof any licence in terms of this section.
Amendment of section 24 of Act 4of 1999 19.
(4)The Board must. whilst the Stateis the sole shareholder in the Corporation. ensure that the Corporation complies with the Public Finance Management Act in relation to accountin. procedures by public entities.
"(1) In addition to the annual financial statementsto be prepared in terms of the Companies Act and whilst the State is the sole shareholder in the Corporation and also in terms of the Public Finance Management Act the Corporation must cause its books and accounts to be audited annually by a person registered as an accountant and auditor under the Public Accountants' and Auditors' Act. 1991 (Act NO. 80 of 1991). and appointed as auditor of the Corporation.".
Substitution of section 27 of Act 4 of 1999 21.
such business or dealer is able to produce such licence on demand.
Subsection (1) does not apply to a personwhomanufactures or repairs television sets. or who acts in the execution of his or her duties in the service of such a person. in so far as he or she uses any television set manufacturedor repaired by him or her, in or on the premises where it was manufactured or repaired or on any other premises approved by the Corporation. for the purposes of testing such a television set.
in the event of a user proving that he or she had used the television set for a period of less than one year. pay to the Corporation, by way of a penalty, in respect of every month or part of a month during which such a person had applicable prescribed television licence fee: Provided that the total amountof the penalty may not exceed the amount of such television licence fee, unless otherwise prescribed.
(4)A dealer who sells or alienates a television set in contravention of this Act.
may. ir7 lieu of prosecution pay the penalty contemplated in subsection (3)(6)in respect of each television set soldor alienated to a person who is not in possession possession of a television licence.
after an authorised inspector. referred to in subsection(6),has produced his or her written authority to such person fails.
R500 in relation to each such offenceor to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(6)(a)The Corporation may appoint any person as an authorised inspector.
involving television sets for inspection.
enter upon any land, in so far as this may be necessary, in order to exercise z power conferred on him or her by the provisions of this Act: Provided tha entry may not be gained to a residence after dark without a warrant or thf occupier's permission.
A television licence is not, save as may be prescribed, transferable.
(e)The Corporation must keep a national database register containing a list of all sales of television sets in the Republic, which must be prepared and produced for the purposes of the collection of television licence fees.
Amendment of section 28 of Act 4of 1999 22.
Amendment of section 30 of Act 4 of 1999 23.
"(a)reflect the culture, character.
Amendment of section 31 of Act 4of 1999 24.
(2)The Authority must as soon asreasonablypossibleconducta licensingprocess [immediately if it finds that the provision of additional subscription television services is feasible] forlicences classified under section 5(2)(e)and (f).
Amendment of section 32 of Act 4of 1999 25.
"(6)be informational, educational, spiritually enriching and entertaining;".
Insertion of section 32A in Act 4 of 1999 26.
Amendment of section 31 of Act 4 of 1999 27.
(4) A broadcasting signal distribution service that provided broad-casting signal distribution for broadcasting service immediately before the commencement of this Act withouta broadcasting signal distribution licence.
a date to be determined by the Authority by notice in theGazette;or the date upon which the Authority grants or refuses an application by such broadcasting signal distribution service for a broadcasting distribution licence, whichever date is the earliest.
Amendment of section 40 of Act 4 of 1999 28.
(c) (i) thetele\,isionlicencefeewhich is payable foranytelevisionlicence issued in terms of this Act, including the manner of payment and the collection thereof.
the dutyto keep.
the transferabilitv of a television licence.
Insertion of Schedule 2 in Act 4of 1999 29.
The Registrar appointed in terms of section 7 of the Companies Act 61 of 1973'). must on the date of conversion register the memorandum and the articles of associationof the Corporation in termsof section 63(1) of the Companies Act and issue a certificate of incorporation and a certificate to commence business to the Corporation, but no fees are payable in respect ot such registration or issue.
3 and 4 of this Schedule.
Sections 32.44.54(2), 60,63(2),64,65 and 172 of the Companies Act do not apply to the Corporation.
Whilst the State is the sole shareholderin the Corporation. sections66. 190 and 344b) and (d) oftheCompaniesActdonotapplytothe Corporation.
All references in this Actto the conversion of the old Corporation mug be construed as references to the conversion of the legal nature of the old Corporation into a public company havinga share capital and having been incorporated in terms of the Companies Act as stipulated in section 7(2) of this Act.
Neither the repealof the Broadcasting Act, 1976 (ActNo.
any of the rights, liabilities or obligations acquired or incurred by the old Corporation or on the old Corporation's behalf at any time beforc its conversion; or the terms and conditions of service of its employees.
Any reference to the old Corporation in the patents register, tradc marks register. design register, deeds register or any other register in thr Republic is with effectfromthedateofconversion, deemedtobe 21 reference to the Corporation.
register referred to in item 7(1) or other documents in the registrar's officr or submitted to the registrar as are necessary to give effect to the conversior and this Schedule.
lau governing the prescription of claims.
The Minister of Finance, after consultation with the Minister, mus to the value determined in terms of subitem (1).
The old Corporation shall before the date of conversion conduct a legal and financial due diligence investigation into the state of its affairs for the purposes of identifying and establishing the status of all its assets, rights, obligations and liabilities.
The old Corporation must, after submitting the due diligence report to the Minister and before the date of conversion. prepare and submit to the Minister for approval an inventory of all its assets. rights, obligations and liabilities.
on or as soon as reasonably possible after the date of conversion, sign theinventoryofassets, rights, obligationsandliabilities of the Corporationandsubmit a copy of theinventory to theNational Treasury and the Auditor-General.
(2)Any service deemed to have been rendered by the public broadcasting service division to the commercial broadcasting service division and the 35 other way round, must be regarded as having been rendered on an arms' length commercial basisfor purposes of the financial recordsto be prepared in respect of the public broadcasting service division and the commercial broadcasting service division as stipulated in this Act.
The laws specified in Schedule 1 are repealed or amended to the extent indicated in the third column thcreof.
ct No.
Schedule 1 is hereby re pealed.
ity by or in terms of this Act: Provided that a power.
(2-q delegation or authorization under subsec. tion (1) may be made sub-ject to such conditions and restrictions as the Council may determine, and may at any time be amended or revoked by the Council.
(3)The Council shall no1 be divested of any power nor be relieved of any duty which it may have del- egated under this section, and may amend or rescind any decision made in terms of such a delegation.
The power to make regulations shall not be delegated under subsection (I).'..
ict No. 13 of 2000 ldependent Communications . Amendment of section 17 iuthority of South Africa Act by the substitution for sub- 000 section (8) of the following subsection: "(8) The members of any committee, includ ing the [Broadcasting Technical Committee and] Broadcasting Monitoring and Com- plaints Committee referred to in section 2 1 of the IBA Act. who are not councillors or mem-bers of the staff of the Authority must be paid such remuneration and allowances as the Coun-cil determines.".
b The Bill seekstoprovidefortheSABC(hereinafterreferredtoas"the Corporation") to develop policies that clarify its role and achieve its mandate. The Bill requires the Corporation in all its reporting to beaccurate, accountable. fair andto advance national and public interest of the Republic in accordance with the Constitution.
e The amendment Bill incorporates provisions that require the Board to prepare and submit to the Minister for approval business plans, financial statements, and a set of policies of both the public service division and commercial service division.
Section 27 of the Act is amended to provide for a detailed television license collection mechanism and to prohibit the use of a television set by individuals and businesses without a television licence.
Section 30 is amended to provide for commercial broadcasters to pay license fees, andto have South Africancontent in theirprogrammes.ICASAis empowered to prescribe conditions in ethics regards.
I: Section 31 is amended to empower ICASA to conduct a licensing process for additional subscription services and to promote competition in that area.
$ Section 32 is amended to providefortheestablishmentof tworegional television services in the country which will assist the national broadcaster in rolling out programming in indigenous languages which are not adequately covered by the national broadcaster.
e The Bill provides that existing signal distribution services and multi-channel distribution services must applyto ICASA for a licence to continue with their operations. ICASA is empowered to impose licence conditions.
The Broadcasting Amendment Bill contains no financial implicationsfor the National Revenue Fund. the State. the SABCor the Regulator prior to the passing of the Bill into law. There will be financial implicationsfortheNationalRevenueFund in the implementation process of certain provisions of the Bill, for example, the rollingout of regional television services and the mechanism for the collection of television licence fees.
An extensive consultative process was followed in the development and finalisation of the drafting of the Broadcasting Amendment Bill.
$: The Department of Arts. Culture.
The Bill was sent to all Directors-General of the Departments mentioned above for comments.
The Department of Communications and the State Law Advisers are of the opinion that the Bill must be dealt with in accordance with the procedure established by Section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
<fn>GOV-ZA.23841aEn.2012-02-10.en.txt</fn>
The Minister of Trade and Industry, do hereby publish the Patents Amendment Bill, 2002, for public comment.
Words underlined with solid line indicate insertions in existing enactments.
Amendment of section 1 of Act 17 of 1941 1. Section 1 of the Merchandise Marks Act, 1941 (Act No.
by the substitution of the definition of "trade mark" by the.
'trade mark' means a trade mark registered in the Register of Trade Marks kept under the Trade Marks Act, 1993, or an amendment thereof or, for the purposes of Section 15A, a trade mark as defined in section 1 of the Trade Marks Act, 1993 whether registered under the aforementioned Act or not, and includes a well-known trade mark contemplated in section 35 of that Act.
Insertion of section 15A in Act 1 7 of 1941 2.
1 5A Abuse of trade mark in relation to an event a The Minister may, after such investigation and subiect to such conditions as he may think fit, by notice in the Gazette designate an event as a protected event and thus entitled to the protection provided for in this section for a period commencing on a date stipulated in such notice and tenninatinp two months after the completion ofsuch event; provided that the Minister shall notso designate an event unless he deemsthat its staging is in the public interest.
21 For the period duringwhichan event is a protected event, the use of a trade mark in relation tosuch protected event, by the owner thereof or by anyone directly or indirectly acting as his licensee or agent, without the authority of the orpaniser thereof, in a manner which is calculated primarily to achieve publicity for that trade mark and thereby to derive special promotional benefit from the event, shall be prohibited.
GAZETTE, a Any person who contravenes any such prohibition shall be deemed to abuse the trade mark in question and shall be guilty of an offence.
in order to display such mark in public.
This Bill shall be called the Merchandise MarksAmendment Bill, 2002.
<fn>GOV-ZA.23841bEn.2012-02-10.en.txt</fn>
The Minister of Trade and Industry, dohereby publish the Patents Amendment Bill,. 2002, for public comment.
In the main, the amending clauses deal with the Bolar provision, i.e. allowing research to be conducted on patents, which are still in force, in all fields of technology (not only limited to pharmaceutical or agrochemical products). Researchers would not be allowed to compete commercially with the patentee, before the expiration of the patent.
Other clauses are of a technical nature.
"ixii A'national phase of internationalapplication' means an application for a patent in the Republic in terms of section 438, in respect of which the applicant has complied with section43E.".
Amendment of section 32 of Act 57 of 1978, as amended by section2 of Act 44 of 1986 2.
@I@ end with a claim or claims defining the invention for which protection is claimed.
Amendment of section 33 of Act 57 of 1978, as amended by section 2 of Act 67 of 1983 and section 35of Act 38 of 1997 3. Section 33 of the Patents Act,.
applications in which that matter was disclosed in so far as it is fairly based on such earliest application.
Amendment of section 43DofAct 57 of1978 4. Section 43D of the Patents Act, 1978, is hereby amended by the insertion of the words "the national phase of' before the words "an international application".
Amendment of section 43E of Act 57 of 1978 5.
by the insertion into subsection l(b) of the words "within the period prescribed therefor," before the words "a translation of".
(2) If the applicant does not comply with subsection (1) within the period referredto in that subsection[or the further period that the registrar allows], the international application concerned, insofar as the Republic is designated or elected, shall be deemed to have been abandoned for the purposes of this Act, provided that the registrar may upon application made either before or after the expiry of the relevant extended period for compliance with subsection (1), extend the period for a further period not exceeding three months.
43F.(1) When.processing the national phase of an international application, the patent office shall, subject to subsections (2), [and] (3) and (41, apply the Patent Cooperation Treaty, the regulations made thereunder and the administrative instructions issued under those regulations, and the other provisions of this Act & the regulations made thereunder. When processing the national phase of an international application, the Patent Cooperation Treaty, the regulations made thereunder and the administrative instructions issued under those regulations shall prevail in the event of any conflict with this Act or with the regulations made thereunder.
the applicant has complied with Rule 17.
the priority documentreferred tointhe said Rule 17.
if an application for amendment of the national phase of the international application is made before publication in terms of section 42, [the acceptance of the international application,] the application.
Saveas provided in this Chapterand save as prescribed in Requlations 67A to 671, the provisions of this Act and of the regulations made thereunder relating to an application for a patent accompanied by acompletespecificationshall, mutatis mutandis, applyto the national phase of an international application, and to.any patent granted thereon.
Amendment of section 45 of Act 57 of 1978, as amended by section 40 of Act 38 of 1997 7.
(2) The disposal [sale] of a patented article by or on behalf of a patentee or his licensee shall, subject to other patent rights, give the purchaser the right to use, offer to dispose of and disposeof that article.
Amendment of section 45A of Act 57 of 1978 8.
Itshall not be permitted to possess the patented invention made, used, imported or acquired in terms of sub-section (7) of any purpose other than for the obtaining, development or submission of information as confernplated in sub-secfion (1).
Amendment of section 48 of Act 57 of 1978 9.
"(2) Whereapatenthas been restored under section 47, any person, during the period referred to in subsection(1) (a) has expended any money, time or labour with a view to making, using, exercising,[or] disposing.of, offering to dispose of, or importing the invention, mayapply in the prescribedmanner to the commissioner for compensation in respect of the money, time and labour so expended."
"(a) to make, use, exercise, [or] dispose of, offer to dispose of, or import the patented invention;".
Amendment of section 57 of Act 57 of 1978 11.
"(1) Any contract, in so far as it relates to a licence under a patent to make, use, exercise, [or] dispose of, offer to dispose of, or import apatented invention, shall terminate on the date on which the patent, underwhich the licence was granted, expires, isrevokedorotherwiseceases to protect such invention: Provided that where the contract relates to licences under more'than one patent, such part of the contract as relates to any particular licence shall terminate when the patent under which it was granted expires, is revoked or otherwise ceases to protect the invention concerned, and that the contract as a wholeshall terminate when all the patents under which all such licences were granted and which were in force at the time when the contractbecameoperative, expire, are revoked or otherwise cease to protect the relevant inventions."
Amendment of section 58 of Act 57 of 1978 12.
a licence to use or exercise a patented process shall carry with it the right to make, use, [or]dispose of, or offer to dispose of the product of the process.
Amendment of section 61 of Act 57 of 1978 13.
Amendment of section 65 of Act 57 of 1978, as amended by section 3 of Act 76 of 1988 and section 46 of Act 38 of 1997 14.
of the words or an exclusive licensee mentioned in section 56(1 I),'.
Amendment of section 66 of Act 57 of 1978 15.
"(3) Any person who, having made a request referred to in subsection (Z), expended during the period referred to in that subsection, any money, time or labour with a view to making, using, exercising, [or]disposing of, offering to dispose of, or importing the invention, may apply in the manner prescribed to the commissioner for compensation in respect of the money, time or labour reasonably so expended, and the commissioner may issue such order as he may deem fit."
Amendment of section 69 of Act 57 of 1978 16.
that the patentee [or licensee] has failed to give such an acknowledgement.
It shall not be permitted to possess the patented invention made, used, imported or acquired in terms of sub-section (1) of any purpose other than for the development or submission of information obtaining, as contemplated in sub-section (1).
<fn>GOV-ZA.23889aEn.2012-02-10.en.txt</fn>
the Intelligence Services Control Amendment Bill, 2002 the Intelligence Services Bill, 2002 the Electronic Communications Security Bill, 2002.
These Bills will be considered by an Ad Hoc Committee of Puliament on the Intelligence Services Bills.
Due to the short period within which the Committee is expected to report to the National Assembly on the Bills, the deadline for comments to all these Bills is Monday 14October 2002.
L 1 Words in bold type in square brackets indicafe omissions from existing enactments. Words underlined withasolid line indicate insertions in existing enactments.
Act, 1994, so as to and to amend certain definitions; to regulate anew the oversight functionsof the JointStandingCommitteeIntelligence;provideonly on to that one Inspector-General of Intelligence be appointed andto re-regulate the functions may of the Inspector-General; to provide for the appointment of personnel to the office of the Inspector-General; to extend the power of the Minister to make regulations; and to change the name Act; and to of the provide for matters connected therewith.
by the substitution for the definition of "Agency"of the following definition: " 'Agency' means the National Intelligence Agency[establishedby] referred to in section 3 of the Intelligence Services Act,1994/Act No.
by the substitution for the definition of "Head of a'Service" of the following definition: '.
'South African Secret Service' means the South African Secret Service [established by] referred to in section 3 of Intelligence Services Act, l994 {Act No.
Amendment of section 2 of Act 40 of 1994, as substitutedby section 2 of Act 31 of 1995 and amended by section 2 of Act 42 of 1999 2.
(6) No member of Parliament shall be 'appointed as a member of the Committee before the Aaency h&. issued a security member by the National Intelligence Agencyin%ktnner'deterrnined by the Minister as defined in section 1 of-Intelligence Act, 1994 (Act No.
"(4) The Speaker and the Chairperkon' -of theNational Council of Provinces acting with the concurrence of thd President, who shall act after consultation with the leaders of the political parties represented on the Committee, shall appoint a member of Parliament,'excluding a member appointed to the Committee in termsof subsection (3),as the chairpersonof the Committee and subsection (2}(b)shall amlv with the necessaw chanqes to suchmember."
by the substitution in subsection (6) for paragraph (b) Ofthe foitowing paragraph: "(b) The Committee [shall be competent to] may initiate and recommend to the Joint Rules Committeeof Parliament any such rules and orders in so far as they relate to the functioning of the Committee.".
(i) the Auditor-General an audit report compiled in accordance with section 4(6) of the Auditor-General Act, 1995 (Act No. 12 of 1995), and after obtaining the report.
by the substitution for paragraph (h) of the following paragraph: "(h) to consider and make recommendations regarding any matter falling within.
"(I) to consider and reporton the appropriation of revenue or moneys for the functions of the [Agency and theSouthAfrican Secret Sewice] Services.".
Amendment of section 4 of Act 40 of 1994 4.
by the substitution in subsection (2) for words following upon paragraph (b)(ii) of the following words: "such dispute shall be referred for determination to a committee composed of the Inspector-General, [responsible for a Service concerned] the Head of [that] theService in question, the chairperson of the Committee and the Minister responsible for that Service, which decision of the Committee shall be final."
by the substitution in subsection (3) for the words preceding the proviso of the following words: "The Committee may, for the purposes of the performance of its functions, require [a] any Minister responsible for a Service, the Head of a Service or the Inspector-General,[of a Service] to appear before itto give evidence, to produce any document or thing and answer questions put to him or her".
Amendment of section 5 of Act 40of 1994, as amended bysection 4 of Act42 of 1999 5.
"(c) with the written permission of the chairperson, which permission maybe given only with the concurrence of the Head of aServiceandthe Inspector-General [concerned];".
Amendment of section 6 of Act 40 of 1994, as substituted by section 4 of Act 31of 1995 subsections (1) and (2) of the following subsections, respectively: (1) The Committeeshall, within five months after itsfirst appointment, and thereafter within two months after31 March in eachyear, table in Parliament a report on the activities of the Committee during the preceding year, together with the findings made by it and the recommendations it deems appropriate, and provide a copy thereof to the President and [each] Minister [concerned]responsible for evew Service.
The Committee may at the request of Parliament, the President or the Minister [concerned]responsible for each Service or at any other time which the committee deems necessary, furnish Parliament, the President or such Minister witha special report concerning any matter relating to the performance of its functions, and shall table a copy of such report in Parliament or furnish the President and the Minister concerned with copies, asthe case may be.
Substitution of section 7 of Act 40 of 1994, as amended by section 5 of Act 31 of 1995 andby section 5 of Act 42 of 1999 7.
approved by the National Assembly by a resolution supported by at leasttwo thirds of its members: Provided that[c one Inspector-General may be appointed with regard to someof or all the Services aslong as the activities of ail the Services are monitored by an Inspector-General; and if [any] thenomination is not approvedas required in paragraph (b), the Committee shall nominate another person.
[An] J& Inspector-General shall be a South African citizen who is a fit and proper person to hold such office and who has knowledqe of intelliqence.
the Inspector-General shall be determined bythe President with the concurrence of theCommitteeand such remuneration shall not be reduced, nor shall such conditions be adversely altered during his or her term of office: Provided that such remuneration shall be the same as that of the Public Protector appointed in terms of section 1A of the Public Protector Act, 1994-(ActNo. 23 of 1994).
[An] The Inspector-General may be removed from office by the President, but only on the grounds of [misbehaviour] miscohduct, incapacity, poor performance or incompetence determined by the Committee.
[An] If the Inspector-General [who] is the subject of an investigation by the Committee in terms of subsection (4) he or she may be suspended by the President pending a decision in such investigation.
[An] The Inspector-General shallbe [responsible]accountable to the [President] Committee for the overall functioning of his or her office, and shall report on his or her activities and the performance of his or her functions to the committee at least once a year.
to submit reports to the Committee pursuant to section 3 (1) (0; and (0 to submit reports to every Minister responsible for a Service pursuant to the performance of functions contemplated in paragraphs la),(b),lc)and (cA): Provided that where the Inspector-General performs functions desiqnated to him or her by the President, he or she shall report to the President.
The reports of the Inspector-General contemplated in subsection(7)(2)(f)in respect of monitoring and reviewinq shall contain the findings and recommendationsof the Inspector-General.
The Inspector-General shall inform the Head of a Service prior to his or her access to the premises of such Service in writing of his intention to have access to the Service: Provided that the notice shall specify the date and the nature of access to the premises.
shall have access to any other intelligence, information or premises which is not under the control of any Service if such access is necessary for the performance of his or her functions in termsof subsection (7) and he or she shall be entitled to demand from anysuch personsuch intelligence, information, reports and explanations as he or she may deem necessary for the performance of his or her functions: Provided that the Inspector-General shall not have access if such intelligence orinformation is not necessary for the performance of his orherfunctions: Provided further that the Inspector-General shall first obtain a warrant issued interms of the Criminal Procedure Act,1977(Act No.51 of 19771,if such information, intelliqence or premises are not under the control of the Services in question.
to the extent that suchdisclosure is not detrimental to the national interest.
No to information premises access or intelligence, contemplated in subsection (8)(a)may be withheldfrom [an] theInspector-General on any ground.
shall serve impartially and independently and perform his or her functions in good faith and without fear, favour, bias or prejudice.
Each Head of the Inspector-General [appointedfor that Service]regarding any unlawful intelligence activity orsignificant intelligence failure of that Service and any corrective action that has been taken oris intended to be taken in connection with such activity or failure.
[A] Each Head of a Service shall submit the report referred to in subparagraph (i)to the Inspector-General [concerned] within a reasonable period after such unlawful intelligence activity or significant intelligence failure came to his or her attention.
As soon as practicable after receiving a copy of a report referred to in paragraph(a), [an]theInspector-General shail submit to the Minister [concerned]responsible for the Service in question, a certificate stating the extent towhich [such] the Inspector-General is satisfied with the report and whether anything done by that Service in the course of its activities during the period to which the report relates, in the opinion of the Inspector-Generalc is unlawful or contravenes any directions issued by [that] Minister responsible for that Service; or involves an unreasonable or unnecessary exercise by that Service of any of its powers.
As soon as practicable after receiving a report referred to in paragraph (a) and a certificateof the Inspector-General referred to in paragraph (c), the Minister [concerned]responsible for the Service in question shall, subject to section (4)(2), cause the report and certificate to be transmitted to the Committee.
Minister [responsible may, consultation with the Inspector-General [concerned], appoint such number of persons to the office of the Inspector-General as may be necessary for the performance of the functions ofthatoffice, [theInspector-General] onsuch conditions of employment as are applicable to members of [that Service]the Aqency.
The budget of the office of the Inspector-General shallbe appropriated by Parliament as part of the budget voteof the Aqency. and shall be expended in accordance with the rules and procedures as set out in the Public Finance Manaqement Act1 999 (Act No. 1 of 1999).
The Inspector-General may, in writinq, deleqate any function contemplated in subsection (7) toanyemployee inhisorher office, andany function exercised in terms of such a delegation shall be deemed to have been exercised bv the Inspector-General.
Amendment of section 8 of Act 40 of 1994, as substituted by section 6 of Act 31 of I995 and amended by section7of Act 42 of 1999 8.
[anything which shall or may be prescribed by regulation under this Act] securityclearance for the Inspector-General and members of the Committee; procedure for aDpointment of staff to the office of the Inspector-General; the conditions of employment applicable to the personnel appointed to the office of the inspector-General: and the procedure for lodqinq and investigationof complaints.
A regulation made under this section need not be published in the Gazette, but shall be notified to any person affected thereby in such manner as theMinister [concerned] actingwiththeconcurrence of the Committee may determine.
This Act shall be called the Intelligence Services [Control] Oversight Act, 1994.
<fn>GOV-ZA.23889bEn.2012-02-10.en.txt</fn>
These Bills will be considered by an Ad Hoc Committee of Parliament on the Intelligence Services Bills.
(As introduced in the National Assembly as a section 75-Bill; explanatory summaryof BillpublishedinGovernmentGazetteNo.
To regulate the establishment, administration, organisationand control of the National Intelligence Agency, the South African Secret Service, and the South African National Academy of Intelligence; to establish and regulate the Intelligence Services Councilon Conditions of Service; and to repeal an Act; and to provide for matters connected therewith.
1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994); "Director-General" means a person appointed as such in terms of section 3(3); "former member" means or any member of the Intelligence Services thekademy, whose services have terminatedfor any reason; "Intelligence Services" means the Agency or the Service as the case may be; "IntelligenceServicesCouncil"meanstheIntelligenceServicesCouncilon Conditions of Service established by section22; "Joint Standing Committee on Intelligence" means the committee established by section 2 of the Intelligence Services Control Act,1994 (Act No. 40 of 1994); "member" means a person appointed in terms of section 3,8,9 or 19; "Minister"meansthePresident, oranymember ofCabinetdesignatedbythe President to take politicalresponsibilityfortheIntelligenceServices, or the Academy; "National Intelligence Structures" means the National Intelligence Structures as defined in section 1 of the National Strategic Intelligence Act,1994 (Act No.
1994,by the head of each of the following organizational components which were integrated to consist of the Intelligence Services, with the names of: the persons who, on the date of the commencement of the said Act, were members of the Bureau as defined in section 1 of the Bureau for State Security Act, 1978 (Act NO.104 of 1978); the persons who, on the date of the commencement of the said Act, were members of the Department of IntelligenceandSecurity of the African National Congress; the persons who, on the date of the commencement of the said Act, were members of the Bophuthatswana Internal Intelligence Service by virtueof theirappointmentinterms of the Bophuthatswana InternalIntelligence Service Act,1982 (Act No. 25of 1982),or are appointed interms of section 15 of the National Security Council Act, 1981 (Act No.
No. 67 of 1987), of Transkei; the persons who, on the dateof the commencement of the said Act, were members of theVendaNationalIntelligenceServicebyvirtueoftheir appointment in terms of the Intelligence Service Act, 1988 (Act No.
1988),of Venda; the persons who immediately before the commencement of the Constitution of the Republic of South Africa, 1993 (Act No.
1 of the Private Security Industry Regulation Act,2001 (Act No.
1992 (Act No.
in to (a)to (m); "staff forum" means a consultation forum for members on of service and conditions human resources; "Service" means the South African Secret Service referred to in section 3; "strike" means a strike as defined in section 213 of the Labour Relations Act, 1995 (Act No. 66of 1995); "this Act" includes the regulations.
Continued existenceof Agency and Service the persons who became members in terms of the Intelligence Services Act, 1994 (Act No.
the persons appointed as members in terms of this Act, after its commencement.
establish divisions and prescribethe functions and post structures thereof.
(Proclamation No. 103 of 1994), whose management and administration is under the control of the Minister.
Academy-must provide training or conduct such examinations or tests as a qualification for the appointment, promotion or transferof persons in or to the intelligence Services or departments, as the case may be, as the Minister may prescribe; and may issue diplomas or to persons who have passed such examinations.
The Academy must have a Training Fund whose funding consists of-all moneys which immediately prior to the commencementof this Act were moneys defrayed for training under the Agency; money appropriated by Parliament from time to time for promoting training under this Act; any other money accruing to the Training Fund.
in terms of this Act or from any other source.
Money in the Training Fund must be utilised to promote training under this Act, but money or other property donated or bequeathed to the Training Fund must be utilised in accordance with the conditions of the donation or bequest in question.
The Chief Executive Officer may invest money in the Training Fund which is not required for immediate use in such a manner as the Minister may approve with the concurrence of the Minister of Finance.
The end of the financial year of the Training Fund is on the last day of March in each year.
The records and annual financial statements must be audited annually by the Auditor-General in accordance with the Special Services Account Act, 1969 (Act No. 81 of 1969).
The Academy may co-operate with any institution of higher learning, in the Republic or elsewhere to achieve its objectives.
(Proclamation No.
Executive Officer, principal and accounting officerof the Academy.
responsible for the curriculum and research function of the Academy: Provided thatifthe post levelof the deputy head is at the leveldeputy Director-General, the Minister must of a make the appointment with the concurrence of the President.
The deputy head must perform his or her functions subject to this Act and any other laws governing the Intelligence Services.
TheMinistermay for purposes oftheAcademycreatethepoststructures necessary for the functioning of the Academy, but such structures may not exceed the structures contemplated in section4 in seniority.
A prescribed document signed by the Minister and certifying that any person has been appointed as a member isprima facie proof that such person has been so appointed.
Establishmentof Ministerial Advisory Committee on Training not more than8 other persons appointed by the Ministeron the basis of need and required expertise.
experience and knowledge, and must hold office for a renewable period of three years.
Higher Education to be the Chairperson of the Advisory Committee.
The Minister must by notice in the Gazette, and by such other means may be viable, invite nominations for the Chairperson of the Advisory Committee from the public.
A member of the AdvisoryCommitteewhoisnotinthe full time employment of the State mustbe paid the remuneration and allowances determined by the Minister with the concurrenceof the Minister of Finance.
TheAdvisoryCommitteemay, in consultation withtheMinister, establish such subcommittees as may be necessary for the performance of its functions.
TheDirector-GeneralconcernedortheChiefExecutiveOfficermust, subject to the directionsof the Minister and this Act, exercise command and control of the Intelligence Services or the Academy, as the case may be.
The Director-General concerned or the Chief Executive Officer may, subject to the directions of the Minister and the provisions of this Act, make such rules and issue such directions as he or she may deem expedient for the efficient command and control of the Intelligence Services or the Academy, as the case may be.
38 No. 23889 GOVERNMENT GAZETTE, 30 2002 case may be, are protected from unauthorised disclosure; no action is carried out that could give rise to any reasonable suspicion that the IntelligenceServices or theAcademy, as thecasemaybe, is concerned in furthering, protecting or of the population or undermining the interests of any section any political party or organisation; and thepowersoftheIntelligenceServices ortheAcademyarelimitedtowhatis necessary for the purposes of the discharge of its functions in terms of the National Strategic Intelligence Act, 1994 (ActNo. 39 of 1994) and the Secret Services Act, 1978 (ActNo. 56 of 1978).
Powers and duties of members lawful directions received froma person having the authority to give such directions.
Prohibition Act, 1992 (Act No.
to examine, copy, photographor transcribe any article, document or other material on such premises; and to remove any article, document or other material long as from the premises, for as is reasonably necessary, for the purposes of examining, copying, photographing or transcribingit, as the case may be.
A directionreferredto in subsection (2) mustbeissuedfora specific period not exceeding three months.
A direction referred to in paragraph (a) may be executed by a member of the Intelligence Services, who is authorized to doso by a senior member of such Inte!ligence Services holding a post of at least a directorate.
A member who executes a directionor assists in the execution thereof must, not later than to in paragraph(a), the date of expiry of the direction referred return an article, document or other material that was removed in terms of subsection (2)(b)(iv) to the premises in question unless the judge referred to of the said article, document or material will prejudice the security the Republic, in which casehe or she may direct that it be destroyed or stored elsewhere.
(5), extend the period of validity the direction for a further period not exceeding three months at a time, if the extension is necessary for a reason mentioned in subsection (2).
The Minister may, subject to this Act, do or cause to be done all things whicharenecessary for the efficientsuperintendence, controlandfunctioningofthe Intelligence Services and the Academy.
I (c) with the concurrence of the Minister of Finance, sell, let or otherwise disposeof any immovable property, with or without any building thereon, and anything referred to in paragraph (b), which is no longer requiredfor the said purposes.
If it is in the public interest to retain a member in his or her post beyond the age at which he or she is required to retire in terms of subsection(l),his or her services may, with his or her consent and with the approval of the Minister, be so retained from time to time, for further periods not exceedingfive years in total.
Security screening and dischargeof members iI 14.
the Minister, after evaluating the gathered information, is reasonablyof the opinion that such person may be appointed as a member without the possibility that such person might be a security risk or that heor she might act in any way prejudicial to security interests of the Republic.
If the Minister is reasonably of the opinion contemplated in subsection (I)@), the Minister must issue a document in which it is certified that such person has successfully undergone a security clearance and is regarded as being security competent: Provided that the Minister may withdraw such certificate if he or she obtains information which, after evaluation by him or her that the person should no longer or her, satisfies him be employed as a member.
discharge such personor member from the Intelligence Services or the Academy, as the case may be;or with the approval of the Minister responsible for the department concerned, transfer such personor member to that department subject to the conditions imposed by any law governing the transfer.
the Director-General concerned or the Chief Executive Officer, as the case may be, refuses to reinstate the member, the latter may appealto the Minister, stating the reasons why he or she should be reinstated.
Anymembermay be dischargedfromtheIntelligenceServicesorthe Academy as the case may be, bythe Director-General concernedor the Chief Executive Officer, as the case may be, if, after a hearing in the prescribed manner as to his or her state of health, such Director-Generalor the Chief Executive Officer, asthe case may be, is of the opinion that he or she is by reason of ill-health unfit to remain in the Intelligence Services or the Academy, as the case may be.
AnymemberdischargedfromtheIntelligenceServicesorthe Academy in terms of subsection(1) may in the prescribed manner appeal to the Minister, who may thereupon set aside or confirm his or her discharge.
AmembermaybedischargedfromtheIntelligenceServicesorthe Academy or demoted by the Director-General concerned or the Chief ExecutiveasOfficer, the case may be, if, after a hearing in the prescribed manner as to his or her fitness to remain in employmentor to retain his or her rank or grade, the Director-General or the ChiefExecutiveOfficer, asthecasemaybe, isof the opinion thatsuchmember is incapable of performing his or her duties efficiently.
A member who has been discharged from the Intelligence Services or the Academy or demoted in terms appeal of subsection (l),may in the prescribed manner to the Minister, who may thereupon set aside or confirm his or her discharge or demotion, as the case may be.
(6,) contravenes or fails to comply with any provision of this Act.
A membermaybedischargedfromtheIntelligenceServicesorthe Academy or demoted by the Director-General concerned or the Chief Executive Officer, as the case may be, if, after an enquiry in the prescribed manner as to his or her fitness to remain in employmentor to retain his or her rank or grade, the Director-General or Chief Executive Officer, as the case may be, is of the opinion that such member has committed an actof misconduct.
A member who has been discharged from the Intelligence Services or the Academy or demoted in terms of subsection (2),may inthe prescribed manner, appeal to the Minister, who may thereupon set aside or or confirm hisorher discharge demotion, as the case may be.
dischargeanymemberfromtheIntelligenceServicesor the Academy onsuch -conditions as the Minister may determine.
TheMinistermay, withtheconsentof a member anduponsuch conditions as he or she may determine, second a member, for the performance of a particular service or for a specified period, to the service of any other department, or the IntelligenceServicesortheAcademy, ortoanyotherauthority;board, entity, establishment, institution or body, but, while so seconded, the member remains subject to this Act and any other law which appliesto him or her.
The Minister may by contract engage any person for the performance of a particular service, or for any period and on such terms as heor she may deemfit.
Subjecttosubsection (3)the Minister may determine that a person engaged on contract be designated as a member for the durationof the contract.
The Minister may in writing and on such conditions as he orshemay deem fit delegate any power conferred upon himor her by this Act, excluding any power conferred upon him 4(l)(a),(b)and (c),5(1),(2)(a)and (4)(c), 6(2), 9(3), or her by sections (4)) (51, (8)and (9),W), (2),12(1), 13(3), 14(2), (3), 15(l)(b)and (c),16(2), 17(2), W3), 19(1), (4), 21(2), 22(1), (5),(6)and (8),23(3)(a)(i)and(ii), 28(2),30 and 38, to the Director-General, the Chief Executive Officer or or the any other member of the Academy, Intelligence Services, as the case may be.
No member of the Intelligence Services or the Academy may strike or induce or conspire with any other member to strike.
The Minister must in the prescribed manner make provision for internal rules to deal with complaints, grievances and consultation on conditions of service and human resources within the Academy or Intelligence Services, as the case may be.
A regulation made under this section with referenceto members may not be published in the Gazette but must be notified to members in such manner as the Minister may determine.
The members contemplated in subsection (1) must be fit and proper persons with a thorough knowledge of the functioning of the Intelligence Services.
The Chairperson may co-opta Director-General or the Chief Executive Officer, to participate in the functioning of the Intelligence Services Council: Provided that such Director-General or Chief Executive Officer shall not have voting powers.
The conditions of service of the membersof the Intelligence Services Council must be determined by the Minister in accordance with conditions of service applicable to members.
ThemembersoftheIntelligenceServicesCouncilmayberemoved from office by the Minister in accordance with the regulations and rules applicable to members.
TheMinistermustappointmembers or persons to give research, administrative, logistical and technical supportto the Intelligence Services Council.
no member shall perform or engage himself or herself to perform any remunerative work outside hisor her employment; and no member may claim as of right additional remuneration in respect of any official duty or work which heor she is required by a competent authorityto perform.
or her employment.
Director-General or Chief Executive Officer as the case be, may in writing require such member or such other personor such bank or financial institution not to dispose thereof, or, if it is money, to retain a corresponding sum may be, pending the of money, as the case outcome of any legal proceedings for the recovery of such remuneration, allowance or reward or the value thereof.
Anysalary, allowance, fee, bonusorhonorariumwhichmaybe payable in respect of the service of a member seconded to any other government or any other authorityor to any board, entity, establishment, institution or body, shall be paid to the Academy, or the Intelligence Services: Provided that in special circumstances the Minister may approve the payment to such member to the said salary, of an amount equal allowance, fee, bonus or honorarium, ora portion thereof.
being a member, discloses classified information or material without the permission Of the Director-General or the Chief Executive Officer as the case may be.
or subsection (l)(g),to a fineor to imprisonment for a period not exceeding10 years.
Subject to section 10(3)(a), aformermembermaynotdisclose in any granted permission for the disclosure of such informationor material.
Subsection (1) applies to any information or material received by the former member during, or subsequent to, the former member's employment or other service with the Intelligence Services or the Academy, as the case may be, that was marked as classified or that the former member knew or ought reasonably to have known was classified.
disclosure of classified information or material by former members must be processed.
A former member may not, for a period of three years after leaving the Intelligence Services or the Academy, render a security service unless he or she has obtained a from the Director-General as clearance certificate or the Chief Executive Officer the case may be.
The Minister may prescribe the manner in which any former member may apply for a clearance certificate referred to in subsection (1).
who co-operates or has co-operated with the Intelligence Servicesor the Academy, in respect of matters concerning the security of the Republic.
Director-General or Chief Executive Officerin terms of section 27(1) or 28(1).
the remuneration and allowances to be paid to such persons must be determined by the Minister with the concurrenceofthe Minister of Finance.
Any offence or misconduct contemplatedinsubsection (1) maybe tried by the appropriate court or board of enquiry at the place in the Republic where the accused or person concerned happens to be despite any law regarding jurisdiction.
The Minister may by notice inthe Gazetteand inanyotherappropriate manner prohibit or restrict access to any premises under the control of the Intelligence Services or the Academy.
The Minister may take or cause to be taken such measures as are necessary for the security of, or for the enforcement of a prohibitionof or a restriction on access to, such premises, and may so taken cause such inconnection with any measures notices to be published or to be made may such warning notices as in each particular case be necessary.
Theproduction of anofficialdocumentsignedbytheMinisterand indicating that he or she has established a canteen for the purposes of this section, is conclusive proof that it is a canteen falling under this section.
retired membersor for persons employed in any work inor in connection with any such mess, pub, institution or premises.
Any civil proceedingsagainsttheState or anyperson, in respect of anything done under this Act, must be instituted within three years after the plaintiff or applicant has become awareor could reasonably be expected to have become aware of the cause of action, and notice in writing of such proceedings and of the cause thereof must be given to the defendant not less than one month before they are instituted.
If thenoticecontemplated in subsection (1) must be given tothe Director-General concerned or theChiefExecutiveOfficer, as thecasemay be, it is deemed to be notificationto the defendant concerned.
Any process by which proceedings contemplated in subsection are instituted and in which the Ministeristhe defendantor respondent, may be servedon the Director-General concernedor the Chief Executive officer, as the case may be.
If amemberismissingandtheDirector-Generalconcerned or the Chief Executive Officer, as his or her absence arose from the case may be, is satisfied that the performance of his or her functions in terms of this Act, such member shall for all purposes be deemed to be or the Academy, as still employed by the Intelligence Services the case may be, until the day on which he or she again reports for duty or until the day on which a competent court issues an order whereby the death of such member is presumed.
must for all purposes be deemed to be payment thereof to the member concerned, and an amountso paid shall not be recoverable by the State from any person.
Notwithstandingsubsection (2),the Director-General or the Chief Executive Officer may in a prescribed manner direct that only a portion of the salary or wages and allowances of a member be paid or that no portion thereof be so paid.
Regulations contemplated in paragraphs(b)and (cl)must be made in consultation with the Minister responsible for the administration of the Medical Schemes Act, 1998 (Act No. 131 of 1998).
security screening investigation to a polygraph test as inorderto determine the prescribed, reliability of information provided by him or her.
any other informationwhich is relevant to determinethe security competency of that knowledge of such a memberor person; or member or person: Provided that where the gatheringof information contemplatedin paragraphs (c)and (d) requires interception and monitoring of the communications and conversationsof such a member or person, the Intelligence Services, must perform this function in accordance with the provisions of the Interception and Monitoring Prohibition Act, 1992 (Act No. 127 of 1992).
Regulationsmadeunder this Act mayprovidethatanypersonwho contravenes a provision thereof, or fails to comply therewith, is guilty of an offence and liable to afine or to imprisonment for a period not exceeding five years.
A regulation made in terms of this section with reference to members need not be published in the such manner as the Minister may determine.
The Minister may make the discoveries, inventions and improvements referred to in subsection (1) availableforuse in the publicinterestsubjecttosuch conditions and the payment of such fees or royalties as the Minister may determine.
If therights in any discovery, inventionorimprovementvest in the Intelligence Servicesor the Academy, in terms of subsection(l),the Minister may award to the person responsible for the discovery, invention or improvement such bonus as he or she deems fit, or make provision for financial participation by such person in the profits derived from the discovery, invention or improvement to such extentas the Minister may determine with the concurrence of the Minister of Finance.
The Minister may apply for a patent in the name of theIntelligence Services or the Academy, as the case my be, in respect of any discovery, invention or improvement referred to in subsection(l),and the Intelligence Services or the Academy, as the case may be, must for the purposes of the Patents Act,1978 (Act No.
All assets, liabilities, rights and duties including funds, resources and administrative records of the Agency with respect to training, must be transferred to the Academy within six months after the commencement of this Act, and shall vest and be deemed to have been acquired or incurredby the Academy.
A registrar of deeds shall, upontheproductiontohim or her of a certificate by the Minister that immovable property described in the certificate vests in the Academy in terms of subsection (2),make such entries and endorsements as he or she may deem necessary in or on any relevant register, titledeed or other document in his or her office, so asto give effect to subsection(2).
No duty, office fee or other charge is payablein respect of any entryor endorsement in termsof subsection (3).
Ifan enquiry into alleged improper conduct instituted in terms ofa law repealed by subsection (l),has not been concluded at the commencement of this Act, such proceedings must be continued and concluded in accordance with the law in termsof which the enquiry was instituted, as ifsuch law had not been repealed.
Services Act, 1994 (Act No.
Act No. 81 of 1969 Security Services Special Account Act, 1.
the Performance of the function and the duty of the National Intelligence Agency, and the South African Secret Service as referred to in the National Strategic Intelligence Act, 1994; and the organisationof, the exercisingof the powers and the performance of the duties and functions of any member of, the exercising of the powersof the President [or the responsible Executive Deputy President] or the Minister in relation tothe superintendence and control of, and the action by and functioning of, the[Agency and the Service] lntelliaence Services and the Academy as defined in section 1 of the Intelligence Services Act,[1994] 2002, and matters in connection therewith which the said President, [Executive Deputy President] or Minister, as the case may be, may from time to time approve as beingin the national interest, and shall be paid out subject to the directions of the said President, [Executive Deputy President] or Minister, as the case may be.
Moneys standing to the credit of the account which are not required for immediate use or as a reasonable working balance, may be invested insuch manneras may be determined by the President, [Executive Deputy President] or Minister responsible for the National Intelligence Agency,[or the] the South African Secret Service or the South African No.
Act No.66of 1995 Labour Relations Act, 1995 Extent of repeal or amendment concurrence of the Minister of Finance.
" 'security matter' includes any matter which is dealt with by the[Agency or the Service] lntelliaence Services or the Academy as defined in section 1 of the Intelligence Services Act, [1994] 2002, or which relatesto the functions of that [Agency or Service] lntelliaence Services or the Academy orto the relationship existing between any person and that [Agency or Service] lntelliaence Services or the Academy.".
"(3) Where persons employed in the [Agency or the Service] lntelliaence Services or the Academy are not excluded from the provisions of this Act, those provisions shall apply only in so far as they are not contraryto the laws governing their service, and those provisions shall not be construed as derogating from the powers or duties conferred or imposed upon the [Agencyor the Service] lntelliaence Services or the Academy.".
"(iii) in the [Agency or the Service] lntelliaence Services or the Academy; and".
Amendment of section4 by the substitution for subsection (3) of the following subsection: "This Act does not applyto members of the National Defence Force, the National Intelligence Agency,[or]the South African Secret Serviceor the South African National Academv of Intelliaence.".
the insertion after the definition of "rules" of the following definition: " Service' means the South African Secret Service as defined in the lntelliaence Services Act.2002;".
THE INTELLIGENCE SERVICES BILL, 2002 1.BACKGROUND In 2001, the Minister for Intelligence Services (hereinafter referred to as the Wnister), gave directions for the review of the intelligence dispensation with regardto the administration, control and supervision of the Intelligence Services.
Committee (PIBAC) chaired by the Deputy President, which looked at amcmgst other issues, building capacity within the Intelligence Services, resourcing and creating a conducive environment for optimal efficiency.
Department of Public Service and Administration, to conduct a comparative research on the adrmnistration and human resource management in the IntelligenceServices. Since the inception of the intelligence dispensation in 1995, there has been no consistency in the way best practicewas imported from the Public Service to the Intelligence Services. This was further exacerbated by the fact that the Intelligence Services are excluded from the application of labour law and thusdid not participate in the Public Service Collective Bargaining Council although they were expected to follow agreements that were reached through the said process. This anomaly had to be corrected and this inequity needed to be addressed by both Ministers. 2.
<fn>GOV-ZA.23889cEn.2012-02-10.en.txt</fn>
These Rills will be considered by an Ad Hoc Committee of Parliament on the Intelligence Services Bills.
To providefor the establishment of a company that will provide electronic communications security products and serviceb to organs of state; and to provide for matters connected therewith.
"Board" means the Board of Directors of Comsec contemplated in Section 8; 'Chief Executive Officer" means the Chief Executive Officer contemplatedin section 13; "communication" means communicationas defined in an Act of Parliament providing for the interception and monitoringof communications; "Companies Act" means the Companies Act,1973 (Act No. 61 of 1973); "Comsec" means Electronic Communications Security (Pty)Limited established by Section 3; "critical electronic communications" means electronicinformation or communications held by organsof state, which are necessary for the protectionof the national securityof the Republic or the protection of the economic and social well-being of its inhabitants; "Intelligence Services" means the lntelligelhce Services as contemplated in an Act of Parliament providing therefor; "Minister" means the Minister for Intelligen@e Services; "organs of state" means an organof state 9s defined in section 239 of the Constitution; "prescribe" means prescribeby regulations; "this Act" includes the regulations.
There is hereby established a juristic person to be known as Electronic Communications Security (Pty) Ltd.
The principal objective of Comsec is to ensure that critical electronic communications are protected and secure.
Notwithstanding the Companies Act or any other law, the State is the sole shareholderof Comsec.
NotwithstandingtheCompaniesAct, theMinister or a person designated by him or her must, on behalf of the State, signthe memorandum and articles of association and all other documents necessary for the incorporationof the company.
incorporate the company as a private company under the name "Electronic Communications Security(Pty)Ltd"; and issue to the company a certificate to commence business with effect from the date of the company's incorporation.
A provision of the Companies Act shatl not apply to Comsec where the Minister of Trade and Industry has issued a declaration undersection 6.
The request contemplated in subsection (I)must be fully motivated, and the Registrarof Companies must publish particulars about the request and motivation by notice in the Gazette.
not be prejudicial to the interests of the State, employeesof Comsec or claims of declare, with effect from the date stated in the notice, the whole orpart of a provision of the Companies Act not applicable to Comsec.
Functions provide, with the concurrence of the National Intelligence Agency defined in section 1 of the Intelligence Services Act, 1994 (Act No.
develop, design, procure, invent, install or maintain secure electronic communications systems or products and do research in this regard; provide secure electronic communications services, systems and products; provide cryptographic services; train and support users of the electronic communications systems, products and related services; and provide consultancy serviceson the security and protection of electronic communications services, systems and products.
Subject to applicable labour law, Comsec may with the approval of the Minister acting with the concurrence of the Minister responsible for an entity or establishment of the State which performs functions similar to those referred to in subsection (2),integrate suchan entity or establishment into Comsec.
Comsecmayco-operatewithanyorganisation in the Republic or elsewhere to achieve its objectives.
Comsec, the members of its Board and its employees must, in the performance of their functions in terms of this Act, comply with the policies and regulations relating to security of communications made in terms of the National Strategic Intelligence Act, 1994 (Act NO.39 of 1994).
The business and operational plans of Comsec must be approved by the Board, with the approvalof the Minister.
The Board is made up of notmorethanninemembers of whom-one is the non-executive chairperson; not more than four are executive directors, oneof whom must be designated as the Chief Executive Officer; and the rest are additional non-executive members, consisting of persons approved by the Minister on the basis of relevant expertise.
A majority of the Board of Directors forms a quorum at any meeting of the Board.
On an equality of votesinanymeeting of the Board, thechairperson has a casting vote in addition to a deliberative vote.
IO. (1) A non-executivemember of the Board- holds office for a period of three years, which the Minister may extend for further periods of three years each or such shorter periods as the Minister may determine; serves on the terms and conditions determined by the Minister and specified in the letter of appointment of the member; and may resign by giving three month's written notice to the Minister or as stipulated in the letterof appointment.
A member of theBoard, excepttheexecutive directors and anyappointed member who holds a post or office in the Public Service or any institution, organisation or body established by or under any other law and funded whollyor partly by the State, may be remunerated on a daily basis at a rate determined by the Minister with the concurrence of the Minister of Finance.
TheMinistermay in the prescribedmanner, remove any member of the Board from office on the grounds of misconduct, incompetence or incapacity or failure to obtain the necessary security clearance.
TheChiefExecutiveOfficer is responsible for the administration andthe general management. and control of the day to day functioning of Comsec, subject to the directions and instructions issued by the Board.
The Minister oranyotherMinistermay, attherequestofComsec, second an employee to Comsec in accordance with an Act of Parliament providing for the IntelligenceServicesorsection 15(3) of thePublicService Act, 1994 (Proclamation No. 103 of 1994), as the case may be.
Foraslong as anemployee is seconded to Comsec, Comsecmust re-imbursetherelevantdepartment for the remunerationandallowances paid by such department to the employee, and for any other expenditure arising from the secondment of that employee.
Any employee in electronic security function in the Security Services contemplated in Chapter 11 of the Constitution, or in any establishment or entity contemplated in section 7(3),may be made an employment offer by Comsec.
as to which portion of the costs of the transferred benefits is to be carried by the employer and which portion by Comsec.
Theagreementcontemplated in subsection (2)(b) mustalsodealwith any other existing contractual obligation between the employer and the employee.
TheBoardmust, within six monthsafterComsec'sincorporation, and thereafter in every second year, request in the prescribed manner, all organs of state to submit to the Board an analysisof their electronic communications security needs.
TheBoardmust, afterhavingconsidered an analysis contemplated in subsection (2) and if satisfied that Comsec must attend to the electronic communication may into regulate agreements relationship with organsof state.
The funds of Comsec(Pty)Ltdconsist of-monies received from Parliament as part of the Vote of the Intelligence Services submitted in terms of the Special Services Account Act,1969 (Act No. 81 of 1969); monies received for services provided as stipulated in the agreements entered into with organs of state; funds, finances and grants contemplatedin subsection (7); donations contemplated in subsection(8).
Comsecmustperform its functions in an efficient and cost-effective manner.
In the eventofexcessfunds, theBoard must recommend to the Minister, on the basisof a strategic pian, how such funds may be retained by Comsec and for which purpose.
PaymentforservicesprovidedbyComsec to an organ ofstatemust be made in accordance with the business agreement between the parties.
government grants, for the effective functioning of Comsec.
bequests, subject to the Public Finance Management Act, 1999(Act No. 1 of 1999).
(9)Thebooksandrecords of accountsand financial statements of Comsec must be audited annually by the Auditor-General in accordance with the Special Services Account Act, 1969 (ActNo.81 of 1969).
TheBoardmustdirecthowtheproduct, service, item, methodorany other thing of any nature contemplatedin subsection (I)is to be utilized by Comsec in the achievement of its objective.
The Ministermay, attherequestofanorgan of state, exemptsuch organ of state from the application of this Act if the exemption will not compromise national security.
Comsecmustprovideprotection to critical electronic communications infrastructure, such as computer systems and programmes.
TheMinister may, on the recommendationofComsec, identify critical communications infrastructure and request Comsecto provide the necessary protection.
contravenes a provision thereof, or fails to comply therewith, is guilty of an offence and on conviction liableto a fine orto imprisonment for a period not exceeding five years.
subsection (l)(a), to a fine or toimprisonment for a period not exceeding 10 years; and section (I)@), for a period not exceeding one year.
The Minister, Comsec or any of its employees is not liable for anything done in good faith in terms of furthering the objectives of the Act.
All assets, liabilities, rightsandduties, including funds, resources and administrative records, of an entity or establishment of the State which ceases to exist by virtue of an integration contemplated in section7(3)vest upon such integration in Comsec, and must be regarded to have been acquired or incurred byComsec in terms of this Act.
No duty, officefeeoranyothercharge is payable in respect of any entry or endorsement madein terms of subsection (2).
The laws mentioned in the firstcolumn of Schedule 1 are hereby amended to the extent set outin the third columnof that Schedule.
This Act is calledtheElectronicCommunicationsSecurity(Pty)LtdAct, 2002, and comes into operation on a date determined by the President by proclamation in the Gazette.
Yo.
Thesubstitutionforsection 5 of.
Moneys standing to the credit 2f the account which are not equired for immediate use or as a reasonable working balance, may be invested in such manner as may be determined by the President, Executive Deputy President or Minister responsible forthe National Intelligence Agency,[or]the South African Secret Service or Comsec with the concurrence of the Minister of Finance?
Theamendment of section1 by the deletion in paragraph (b) of the definition of "publicservice" of the word"and",and by the addition of the following paragraph: u@ Comsec.".
Theamendmentofsection 1 by the deletion in paragraph (b) of the definition of "publicservice" of the word"and",andby the addition of the following paragraph:"aComsec."
"(3) This Act does not apply to members of the National Defence Force, the National Intelligence Agency or the South African Secret Service or to the directors andstaff of Comsec.".
MEMORANDUM ON THEOBJECTS OF THE ELECTRONIC COMMUNICATIONS SECURITY (PTY) (LTD) BILL, 2002 1. CONTENTS OF BILL This Bill seeks to establish Electronic Communications Security (Pty) Ltd (ComsecJ') as a private companyin terms of the Companies Act,1973, with the State as the sole shareholder. The objective of Comsec is to protect and secure certain electronic communications of organs of state against unauthorised access or other related technical or electronic threats.
In terms of the proposed Bill, Comsec may be exempted from certain provisions of the Companies Act by a declaration made by the Ministerof Trade and Industry in the Gazette after a recommendation from Comsec and a request from the Minister for Intelligence Services. Such request must be fully motivated.
The Bill also seeks to authorise Comsec to integrate agenciesof the State which provide services similar to thoseof Comsec, into Comsec. All organs of state will have to procure and access electronic communications products and systems with the verification and approval of Comsec. However, organs of state may be exempted from the applicationof this Act.
will be a Chief, Eyecutive Officer.
Presidential.
PARLIAMENTARYPROCEDURE The State Law Advisers and the Departmentof Justice and Constitutional Development areof the opinion that thisBill must be dealt with in accordance with the procedure establishedby section 75 of the Constitution since it contains no provision to which the procedure setout in section 74 or 76 of the Constitution applies.
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A key programme of the Local Government Turn Around Strategy (LGTAS) is Operation Clean Audit 2014. The main purpose of Operation Clean Audit 2014 is to address challenges faced by municipalities and provinces with the management of audits, especially audit findings and queries from the Auditor-General. The goal of the campaign is to seek to achieve Clean Audits in Municipalities and Provincial Government departments by 2014.
Strong political leadership to support the administrative capacity in both municipalities and provincial government departments is necessary for government to achieve the objectives of this campaign. We still have some distance to go towards the achievement of sound financial management in municipalities, but with the results presented today by the Auditor-General, there is definitely improvement compared to the past.
While in the 2004/05 financial year there were 61 municipalities which received financially unqualified audit opinions, this figure increased to 94 in the 2007/08 financial year, 117 in the 2008/09 financial year and 127 in the 2009/10 financial year.  While only 2 municipalities received clean audits in the 2004/05 financial year, (financially unqualified with no other matters of concern), there were 4 in the 2008/09 financial year; and 7 in 2009-10.
These are: Ehlanzeni District Municipality, Steve Tshwete Local Municipality and Victor Khanye Local Municipality in Mpumalanga;  Metsweding District Municipality in Gauteng; Frances Baard District Municipality in the Northern Cape; Fetakgomo Local Municipality in Limpopo, and Cape Town.
Fetakgomo Local municipality in Limpopo is one of the smallest rural municipalities in the country. Their achievement suggests that achieving a clean audit is within the grasp of any willing and determined municipality. Mpumalanga Province must be applauded for this outstanding achievement, that half of all the clean audits in the country come from that Province only.
It needs to be re-emphasized that the primary responsibility to achieve clean audit outcomes remains that of municipalities, and in this regard it is the municipal political leadership which must set the right tone and foster the right culture. National and provincial government will provide support, but the primary responsibility to address the challenges resides with municipalities.
It is with the above understanding that the Councilor Induction training programme is currently unfolding throughout the country. The training is aimed at equipping the new councilors with a good understanding of their responsibilities, including good financial management. With the support provided by both the provincial and national departments, strong political will and the structures put in place to support Municipalities, nothing stops us from improving on the 2009-10 audit outcomes in the next reporting period.
Provincial Coordinating Committees (PCCs) have been established with key drivers being the provincial departments responsible for Local Government and Provincial Treasuries. In some provinces the Premier's Office participates in these structures.
The PCCs meet at least quarterly and Municipalities report on progress they are making in implementing their audit remedial action plans in response to issues raised by the Auditor-General. This is intended to provide guidance where that is needed. The PCCs exchange information, including on best practices.
Providing guidance on the establishment and functioning of Municipal Public Accounts Committees (MPACs). The department and National Treasury are in the process of finalising a Municipal Finance Management Act Circular which will be issued to municipalities by the National Treasury to increase the number of MPACs from the present 103 and to improve their effectiveness.
In partnership with the South African Local Government Association (SALGA), the Association of Public Accounts Committees (APAC) and the National Treasury, MPACs will also be provided with training.
The department, again in partnership with the National Treasury, will embark on a process of determining the reasons for the failure of some municipalities to establish Internal Audit Units and Audit Committees, and provide recommendations on appropriate intervention measures.
CoGTA has established an Inspectorate to fight fraud and corruption. With the support of this unit, Municipalities will be assisted with developing fraud prevention plans and launch ethics campaigns in municipalities. The Inspectorate will also support provincial departments responsible for Local Government to initiate preliminary investigations and the referral of serious allegations.
To improve financial management and audits, CoGTA is also to discuss with National Treasury the possibility of ensuring that every municipality appoints a Chartered Accountant.
We need to build on the advances gained in the audit outcomes in recent years and intensify the Operation Clean Audit 2014 Campaign so that we achieve the targets set for 2014.
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ï§ Providing guidance on the establishment and functioning of Municipal Public Accounts Committees (MPACs). The department and National Treasury are in the process of finalising a Municipal Finance Management Act Circular which will be issued to municipalities by the National Treasury to increase the number of MPACs from the present 103 and to improve their effectiveness.
ï§ In partnership with the South African Local Government Association (SALGA), the Association of Public Accounts Committees (APAC) and the National Treasury, MPACs will also be provided with training.
ï§ The department, again in partnership with the National Treasury, will embark on a process of determining the reasons for the failure of some municipalities to establish Internal Audit Units and Audit Committees, and provide recommendations on appropriate intervention measures.
ï§ CoGTA has established an Inspectorate to fight fraud and corruption. With the support of this unit, Municipalities will be assisted with developing fraud prevention plans and launch ethics campaigns in municipalities. The Inspectorate will also support provincial departments responsible for Local Government to initiate preliminary investigations and the referral of serious allegations.
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<fn>GOV-ZA.23909En.2012-02-10.en.txt</fn>
The Electricity Supply Industry RegulatoryBill has been introduced to Cabinet by the Minister of Minerals and Energy. Cabinet has approved that the Bill be released for public comments.
The Billwill be re-submitted toCabinet for approvalandprogressionto Parliament after comments have been analysed and consolidated.
ACT No.
To establish a national regulatory framework for the electricity supply industry, to provide forthe National Electricity Regulatory Authority as the custodian and enforcer of the national regulatory framework, to provide for the issuingof licences relatingto the generation, transmission, distribution and retail of electricity, and the provision of certain services in connection therewith, and for matters connected therewith.
4 Powers, functions and duties.
The purpose of this Act is to establish a framework within which the electricity establishes the National Electricity Regulatory Authority as the custodian and enforcer of this regulatory framework to monitor and ensurethat the interests met, having regard to the efficiency, effectiveness and long-term sustainability of the electricity supply industry.
"transmitter" means a person transmitting electricity; and 'Ithis Act" includes any Government notices, rules, codes of practices or directives.
CHAPTER 2 2 TheNationalElectricityRegulatorreferred to in theElectricityAct, 1987 (Act No. 41 of 1987), continues to exist underthisAct, but shall be called the National Electricity Regulatory Authority.
operate bank accounts, invest monies and make.
exercise any power or perform any duty or function assigned to it under any other law; and exercise any power or function and perform any duty incidental to the exercise of its powers or functions or the performance of its duties under this Act..
take of policies, and cognisance regional objectives developments; and international competitiveness.
The Authority of five members appointedbytheMinister. TheMinistershallalsoappointthese members as the members of Gas Regulator and Petroleum Pipelines Regulator.
If the chairpersonis foranyreasonunable to perform his or her duties, the other members must choose another person from among themselves to act as chairperson until the chairperson can resume his or her duties or another chairpersonis appointed by the Minister.
A member of theRegulatoryAuthorityholdsofficefora period of four years.
MembersoftheRegulatoryAuthoritymust be paid fortheirservices such remuneration and allowances as the Minister may determine with the concurrence of the Minister of Finance.
there is aprobability that a materialconflict of interest may arise between the interests of the member as member of theboardand that members' personal, professional or business interests.
Beforeappointingmembersto the Regulatory Authority, the MinistermustbynoticeintheGazette, call for nominations from members of the public.
All membersshalldiscloseto the Ministertheirpersonal, professional and business interests on appointment to the Regulatory Authority and notify Minister when these change.
The Minister may terminate the appointment of a member of the RegulatoryAuthorityifsuchmemberbehaves in mannercontrary to the provisions of section 10.
Thechairpersonshall, upon awrittenrequest of the chief executive officer ortwo other members, convene a special meetingto be held within two weeks after the date of receipt of such request.
Thedecision of the majority of the members presentat a meeting constitutesa decision of the Regulatory Authority.
In the event of an equality of votesonanymatterthe person presiding at the meeting has a casting vote in addition to his or her deliberative vote.
the time when the decision was taken if the restof the members present at the meeting and entitled to sit as members at the meeting constituted a quorum and the decision was taken by a majority of those members present and entitled to vote.
9 act in a manner that is requiredandexpectedfromthe holder of a public office.
explainedclearly as to its factual and legal bases and the reasons therefore.
therefore must be available to the public.
12.(1) The Regulatory Authority must appoint a chief executive officer for the Regulatory Authority.
Regulatory Authority; and control the appointed under subsection(3).
Section 10 appliestoanymember of the personnel ofthe Regulatory Authority, with the changes required by the context.
charges for mediation, arbitrationandother services rendered; and donations contributions from persons, or received institutions, governments or administration and approved by the Minister.
The Authority functions perform accordancewiththePublicFinanceManagementAct,1999(Act No. 1 OF 1999).
The regulatory authority sha!!, in addition to any repot required in terms of the Public Finance Management Act,1999 (Act No.1 of 1999),within three monthsof the end of a financial year, submit an annual report to the Minister for submission to Parliament shall informationlicences that include on considered, granted, refused, amended or withdrawn?
Aftersubmittal of theannualreport to the Minister in terms of subsection (1) the regulatory authority shall cause a summary of the report to be publishedin the Gazette and appropriate newspapers.
16.(1) Theboard of theregulatoryauthority maydelegateanypoweror function assigned to it under this Act to the chief executive officer, orto an employee of the regulatory authority.
Thechiefexecutiveofficermay, subject to theprovisions of other legislation that may impacton such decision, with the approval of the board of the regulatory authority delegate any power or function assigned to him or her under this Act, or delegated to him or her under subsection (l),to an employeeof the regulatory authority.
The regulatory authority may appoint committees consisting of perform such functions or exercise such powersof the board as the board may perform or exercise under this Act, and may at any time dissolve or reconstitute such a committee.
The chairman of any such committee, must be a member of the board of the regulatory authority.
Theboardmayappoint committeesconsistingof as manymembersof the board, employees of the regulatory authority and other persons as may be deemednecessary to advise the board of the regulatory authority in general or on a particular matter.
19(1). The board may establish customer or consumer forums consisting of as many members of the board, employees of the regulatory authority and categories of customers as may be deemed necessary to advise the regulatory authority on matters affecting customers or consumers ingeneraloracategory or categories of customerorconsumerin particular.
perform any otherprescribedservicerelated to the generation, transmission distribution and sale of electricity..
Theregulatoryauthoritymay, on such conditionsas it may determine and include in an existing licence, allow an existing licensee to deviate fromtherequirements to obtain andhold a licencereferred to in section 19(l)(a).
Adeterminationmadeundersection (1) shallcomeintooperation on the date prescribed, and from that date onwards the activity ceases to be a licensed activity and becomes a registered activity, if the Minister so determines.
Anypersonwhohas to register with the regulatory authority mustdo so in the formand in accordance with theprescribed procedure, and an application for registration shall be accompanied by the prescribed registration fee.
30 No. 23909 GAZETTE, for the activities set out in a certificateof registration to be provided to such person: Provided that it may refuse to register such person or activity -if the application is contrary to the objectives of this Act.
No requestforfurtherinformation, notification or discussionsreferred to in subsection (2) shall in any way be construed as conferring any right or expectation on an applicant.
Minister prescribe by notice in the Gazefie.
and operation of generation, transmission, distribution and retailing activities; and compliance black empowerment criteria.
may request such additional information as may be necessary to consider the application properly.
(b)afterreceivingtheresponse of the applicant as contemplated in section 24(b).
the compliance with any rule or.
the undertaking of customer education programmes; and any other prescribed condition.
out in such licence without the prior approval of the regulatory authority or without complying with the requirements set out in such licence.
permitthecross-subsidy of prices to certainclasses of consumers in accordance with their licences.
Theprocedure to be followed in varying, suspending, removing or adding any licence conditionsis as prescribed.
Revocation of licence on.
the licensed facility or activity is not economically justifiable; or.
anotherperson is willingandable to assume therightsand obligations of the licenseeconcerned in accordancewiththe requirements and objectives of this Act, and a new licence is issued to such person.
Licensees must give the Regulatory Authority at least 12 months notice in writing of their intention to cease their activities.
The form and procedure to be followed in revokingalicence under subsection (1) is as prescribed.
32.(1)If a licensee contravenes or fails to comply witha condition of a licence or any provision of this Act the Regulatory Authority may serve a notice on such licensee in which the licensee is directedto comply with the condition or the provisionof the Act within a reasonable period specified in the notice.
If a licenseefails to complywithanoticeContemplated in subsection (1) the Regulatory Authority may sit as a tribunal and, with due regard to section 10, decide on the matter and may imposea penalty of a fine not exceeding R2 000 000,OO perdayforeachdayonwhichthe contravention or failureto comply continues.
Anypersonadverselyaffectedby a decision of the tribunal contemplated in subsection (2) may bring such decision under appeal to the High Court.
The Minister maybynotice in the Gazette amend the amount referred to in subsection (2)(6)in order to counter the effect of inflation.
33.(1)The Regulatory Authority may by way of application on notice of motion apply to the High Court for an order suspending or revoking a licence if there exists any ground justifying such suspension or revocation, including but not limited to, the failure of the licenseeto carry out the construction, operation or trading activities for which the licencewas granted.
The before an is undercourt which made application subsection (1) may grant or refuse the application, and may make such order as to costs and maintaining the service of the licensee asmayitdeem fit.
34.(1) A condition relating to the period of validity of a licence may not be amendedand a licenseewhowish to continue carrying on or be involved in any activity referred to in that licence shall apply for a new licence when a licence lapses: Provided that the regulatory authority may, if it is of the opinion that the renewal does not materially affect the rights of any person, authorise such deviations from the procedure set out or referred to inthat sections asit may determine.
any other aspect set out in the licence or registration certificate of such licensee or registered person.
The regulatory authority shall not be obliged to act as arbitrator, but on deciding to act as arbitrator, its decision to do so becomes binding on any party concerned.
person so appointed is deemed to be an action by or decision of the regulatoryauthority.
The decision of the regulatory authority, includingadecision as to Costs, shall be final and bindingon the disputing partiesin the event of arbitration.
to the regulatory authority.
On receipt of areportundersubsection (I), theregulatory authority may institute a formal investigation.
the appointed paragraph and person under (a) the persons assisting him may summon witnesses and conduct the investigation in the prescribed manner.
sit as a tribunal as contemplated in section 29; or refer it to Attorney-General of the the area concerned for his or her consideration.
(b)requireanyperson to furnish to the regulatory authority such information, returns or other particulars as may be necessary for the proper applicationof this Act.
The regulatory authority may require that the accuracy of any information, return or particular furnished under subsection (1) be verified on oathor by way of solemn declaration.
A person authorised by the regulatory authority as contemplated in subsection (1) shall on request show his authorisation to any person requesting it.
No information obtained by the regulatory authority whichis of a non-generic, confidential, personal, commerciallysensitive or any person without the permission of the person to whom that court.
notice, rule or directive made or issued under this Act.
Anyagreement in contravention of subsection (1) shall be unenforceable between the parties in a court of law.
40 (1) In pursuit of theobjects of this Act, the Regulatory Authoritymay expropriateland, oranyright in, overor in respect of land on behalf of a licensee in accordance with section25 of the Constitution.
The procedure to be followed in giving effect to subsection (1) must be prescribed.
thelandoranyrightin, over or in respect of such land is reasonably required by a licensee for facilities which will enhance the Republic's electricity infrastructure.
and licensees; make guidelines and publish codes of conduct and practice, or make rules by notice in the Gazette..
and other the authority appropriate for serving the purposes of this Act.
(h)anyothermatter that may or has to be prescribed, determined or provided for in this Act.
any other matter that may or has to be prescribed, determined or provided for in this Act.
42.(1) Subject to the provisions of subsection (2) and (3),the laws specified in Schedule Iare hereby repealed or amended to the extent set out in the third column thereof.
Anythingdone in terms of the provisions of theElectricity Act, 1987, priortothecommencementofthisAct, andwhichmaybedonein terms of the provisions of this Act is deemed to have been done in terms of this Act.
Act, prior to such licences lapsing; and (c)conditionsimposed in terms of substitutinglicensesissued in under paragraph (b) shall not be more onerous in its application than that of the licence it replaces.
Act No. 41 of 1987 Act No.
The deletion of sections 2 to 10, 12 to 17, 20 to 22,27(1) and 28 to32.
The amendment of Schedule3 by the deletion of the item referring to the Electricity Act, 1987 (Act No. 41 of 1987).
<fn>GOV-ZA.23941En.2012-02-10.en.txt</fn>
Vol. 448 Cape Town 11 October 2002 No.
The Minister for Justice and Constitutional Development intends introducing the Constitution of the Republic of South Africa Fourth Amendment Bill,2002, in the National Assembly. The particulars of the proposed amendments are hereby published for public comment in accordance with section74(5)(a) of the Constitution of the Republic of South Africa,1996 (Act 108 of 1996). Any person wishingto comme, nt on the proposed amendments is invited to submit written commentsto the Minister for Justice and Constitutional Development. Comments should kindly be directed to the attention of Mr J A.de Lange, Private Bag X 81, Pretoria 0001, by not later than8 November 2002. (Electronic mail address: DelangeJ@justice.gov.
I Wordsinboldtypein square brackets indicateomissions from existing enactments.
Wordsunderlinedwithasolid line indicate insertionsin existing enactments.
[The] Sub.
&at nominated that person as a member of the Assembly.
"[A] Sub.ject to Schedule 6B, a provincial legislature consists of women and men electedas members in terms of an electoral system that-".
that nominated that person as a member of the legislature.
Schedule 6A to the Constitution is herebyamended by the deletion of item 9.
In this Schedule-"legislature" means the National Assembly or any provincial legislature; "party" means a party duly registered as a political party in accordance with aDDliCable law.
(1)Subject toitem 4, a member of a legislature who becomes a member of a party (the new party) other than the party which nominated that person as a member (the nominating party), whether the new party participated in an election or not, remains a member of that legislature if that member, whether by himself or herself or together with one or more other members who, during a period referred to in item 4(l)(a) or (b), ceased to be members of the nominating party, represent not less than 10 per cent of the total number of seats held by the nominating party, in that legislature.
(2)The seat held by a member referred to in subitem (1) is regarded as having been allocated to the new party which the member represents.
subdivide into morethanonepartyor subdivide and anyone subdivision merge with another party, whether that party participated in an election or not, if the members of a subdivisionleaving the original party represent not less than 10per cent of the total number of seats held by the original party in that legislature.
(2)If a party merges with another party or subdivides into more than one party or subdivides and merges with another party in terms of subitem (I 1, the members concerned remain members of that legislature and the seats held by them are regarded as having been allocated to the party which they represent pursuant to any merger, subdivision or subdivision and merger contemplated in subitem (1).
(4)A party which has not been registered in terms of any law applicable to the registration of political parties, is regarded as a party for the purposes of.this Schedule, but such a party must apply for registration as a party in accordance with applicable law within the period referred to in subitem (I)(a)or (b). If the party is not registered accordingly within four months after the expiry of that period, it is regarded as having ceased to exist, and the seats in question must be allocated to the remaining parties in accordance with applicable law.
After the expiry of a period referred to in item 4(l)(a)or (b),the composition of a legislature which has been reconstituted as a result of any conduct in terms of item 2 or 3 is maintained until the next election of that legislature or until the composition of the legislature is reconstituted in accordance with item 2 or 3.
(2)Within seven days after the expiry of a period referred to in item 4(1)(a) or (b),each party represented in a legislature contemplated in subitem (1) mustsubmit a list of its candidates to the Secretary of the legislature.
(ii)subdivide into more than one party or subdivide andany one subdivision merge with another party, whether that party participated in an election or not, whilst the members concerned remain members of that legislature and the seats held by them must be regarded as having been allocated to the partywhichthey represent pursuant to any merger, subdivision or subdivision and merger contemplated in this paragraph.
(2)The provisions of item 4(3) and (4) and item5 are also applicable in respect of subitem (l),and any reference therein to a period referred to in item 4(l)(a)or (b)must be construed as a reference to the period referred to in subitem (1).
Any person who, during the period from 22 October 2002 until the date of the commencement of this Schedule, has been removed from membership of a legislature by reason directly or indirectly of anything done by suchperson in anticipation of the enactment of provisions substantially similar in content to this Schedule, shall be restored to such membership with all rights and privileges attaching thereto, and any person who has replaced such person as a member of the legislature shall cease to be a member of such legislature.
Amendment of Schedule 2 to Act 200of 1993, as amendedby section 12of Act 2 of 1994, section3 of Act 20 of 1995 and Schedule 6 to Act 108of 1996 7.
whois the next qualified and available Derson on the list.
A nomination to fill a vacancy shall bi submitted to the Speaker in writing.
If a party represented in a legislature dissolves or ceases to exist and the members in question vacate their seats in consequence of [item 23A(l)] section 47(3)(c) or 106(3)(c) of the new Constitution, the seats in question shall be allocated to the remaining parties mutatis mutandis as if such seats were forfeited seats in terms of item 7 or 14, as the case may be.
This Act is called the Constitution of the Republic of South AfricaFourth Amendment Act, 2002, and comes into operation on a date set by the President by proclamation.
1.1 During June 2002, Parliament passed four Acts that shared a common objective, namely-to enable a member of a legislature or municipal council to become a member of another party whilst retaining membership of that legislature or council; and to enable an existing party to merge with another party, or to subdivide into more than one party, or to subdivide and any one subdivision to merge with another party. 2 The four Acts in question are the- Constuution of the Republic of South Africa Amendment Act, 2002 (Act No. 18 of 2002) Local Government: Municipal Structures Amendment Act, 2002 (Act No.
(Act No. 22 of 2002).
1.3 ThePresidentassented totheActs on 19 June2002, and all four Acts were published in the Gazette of 20 June 2002. However, as a result of a challenge being brought in court against the constitutional validity of the Acts, the operation of all four Acts were effectively suspended pending the verdict of the Constitutional Court.
1.4On 4 October 2002,in the case of United Democratic Movement v President of the Republic of South Africa and Others (Case CCT 23/02), the Constitutional Court held that "floor-crossing" legislation for national, provincial and local government is not as such inconsistent with the Constitution. Regarding the Loss or Retention of Membership of National and Provincial Legislatures Act, 2002 (the Membership Act), however, the Court held that Parliament did not have the power to effect the provisions contemplated in that Act by means of an ordinary Act of Parliament, as opposed to an Act amending the Constitution. As a result of this procedural defect, the Membership Act was found to be inconsistent with the Constitution and invalid. The other three Acts were, however, found to be consistent with the Constitution and valid.
2.1 The objects of the Bill are to amend the Constitution in order to enable a member of the National Assembly or a provincial legislature to become a member of another partywhilst retaining membership of that legislature; to enable an existing party to merge with another party, or to subdivide into more than one party, or to subdivide and any one subdivision to merge with another party.
2.2 The provisions of the Bill are modelled largely on the amendments effected to the Constitution by the Constitution of the Republic of South Africa Amendment Act, 2002, that inserted the provisions related to the "crossing of the floor" in the local government sphere in the Constitution. By adhering to the principles embodied in those provisions, theBillwill give effect to the Legislature's clearly stated objective, as stated in the Preambles to the Acts in question, of ensuring that uniformity exists within the three spheres of government regarding loss or retention of membership of the National Assembly, any provincial legislature or any municipal council in the event of a change of party membership, or mergers or subdivision or subdivision and merger of parties.
only during a period of 15 days from the first to the fifteenth day of September in the second year following the date of an election of the legislature; and during a period of 15 days from the first to the fifteenth day of September in the fourth year following the date of an election of the legislature.
10 No. 23941 GOVERNMENT GAZETTE, 11 OCTOBER 2002 3.
The State Law Advisers and the Department of Justice and Constitutional Development are of the opinion that the Bill falls within the ambit of section 74(3)(b)of the Constitution and consequently requires the approval of both the National Assembly and the National Council of Provinces.
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MINISTRY FOR PROVINCIAL AND LOCAL GOVERNMENT LOCAL GOVERNMENT:MUNICIPAL STRUCTURES SECOND AMENDMENT BILL,2002 1.
Private Bag X804 4. Comments must be received by no later than 7 November2002.
To amend the Local Government: Municipal Structures Act, 1998, so as to regulate the effects arising from a change of the type of municipality where such a change affects the respective terms of office of a member of the executive committee and an executive mayor; and to provide for matters connected therewith.
within l4.days of the council's election; [or].
IC) within 14 days of the date from which thetvpe of the municipalityhasbeen chanqed frcg any of the tvpesmentionedinsections 8(e), (f), (4).or (h), 9(c). (d), (e) or (f) or 10(b) or (c)to anv of the types referred to in sections 8(a), (b), (c)A)r (dl 9(a) or (b) or lO(a).
Amendment of section47' of Act 117 of 1998 2.
Amendment of section 55 of Act 117 of 1998 3.
Amendment of section 57 of Act 117 of 1998 4.
"(a) must be elected for a term ending, subject to [section] sections 58 and59, when the next council is declared elected; and".
Amendment of section Ei9 of Act 117 of 1998 5.
This Act is called the Local Government: MunicipalStructuresSecondAmendment Act, 2002.
2.1 Clause 1 of the Bill proposes anamendment to section 45 of the Structures Act to determine the applicable timeframefortheelection of members of the executive committee where the type of a municipality has been changed from an executive mayoral type to an executive committee type.
2.3 Clause 3 of the Bill proposes an amendment to section 55 of the Structures Act to determine the applicable timeframe for the election of an executive mayor and executive deputymayorwhere the type of amunicipalityhasbeenchanged from an executive committee type to an executive mayoral type.
2.4 Clause 4 of the Bill contains aconsequentialamendment to section 57 ofthe Structures Act.
There are no direct implications for provinces.
Implications for a municipality would only arisewhere the existing type of that municipality is changed.
The Department of Provincial and Local Government isof the opinion that the Bill must be dealt with in accordance with the procedure prescribed by section 75 of the Constitution. The Bill does not fall within a functional area listed in Schedule 4 to the Constitution, and does not providefor legislation envisaged in the sections referred to in section 76(3) of the Constitution.
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<fn>GOV-ZA.239businessadoptamunicipality3En.2012-02-10.en.txt</fn>
The basic amount is after the deduction of any taxable Capital Gain(s), if included in the taxable income of the last year's assessment.
The tax payable as reflected in the 'SARS Estimate' column is based on the 'SARS Estimated taxable income' which is equal to either the basic amount or the increased amount, as explain in the next paragraph.
If you are a first time provisional taxpayer the estimated taxable income may be reflected as 'nil' you must however submit your IRP6 return with an estimation of your taxable income. A nil estimated taxable income will not be accepted from you without being fully motivated. See also note B. 3 below.
If you are a first time provisional taxpayer you must submit your IRP6 return with an estimation of your taxable income even if the result of the calculation of the tax payable is "nil". A nil estimated taxable income will not be accepted without being fully motivated.
North West Health MEC, Dr Molefi Sefularo, will tomorrow (15 January 2004) sign a memorandum of understanding with the local community of Moses Kotane, trade unions, traditional leaders and other stakeholders in a function that will pave the way for the final closure of this environmental and occupational health risk facility.
North West Health MEC, Dr Molefi Sefularo, will on Thursday, 22 January 2004, handover the Baby Friendly Hospital Initiative (BFHI) plague to Gelukspan Hospital near Mafikeng, starting at 13:00, for being the first health institution in the province to be accredited with Baby Friendly Hospital Initiative (BFHI) status.
North West Health MEC, Dr Molefi Sefularo, will on Friday, 12 March 2004, officiate in a ceremony to mark the official handover of Coligny Hospital near Lichtenburg to the department. Coligny Hospital was one of the five state-aided hospitals inherited from the Transvaal Provincial Administration in 1994 during the turn of the new age. The 20-bed small hospital will now be turned into a community health centre rendering maternity services, primary health care and operating for 24 hours.
North West Health MEC, Dr Molefi Sefularo, will on Thursday, 18 March 2004, officially unveil plans for the Provincial Anti-Retroviral (ARV) Treatment Programme at the Klerksdorp/Tshepong Hospital Complex as part of his day-long visit to the district. The visit by the MEC in the District is part of the ten-year achievements celebration programme by the department and a farewell occasion to health workers and the people of the district by MEC Sefularo.
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They will not recommend South Africa as a tourist destination to their friends.
Training and development for previously disadvantaged people.
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The Minister for Agriculture and Land Affairs, Ms Thoko Didiza, met with the MECs for Agriculture from the nine provinces and Agriculture State Owned Enterprises at a special Minister and MECs (MinMEC) meeting in Pretoria today. One of the most pertinent issues discussed was the formal constitution of MinMEC, which will be known as the National Intergovernmental Forum for Agriculture and Land (NIFAL).
URL: http://www.info.gov.za/speeches/2006/06042608151001.
All the comments from these groups were analysed and consolidated into the draft AgriBEE charter proposed by the steering committee. The draft AgriBEE Charter was thus published on 2 November with the objective of such further negotiations by the steering committee and culminating in this AgriBEE Indaba. The AgriBEE steering committee engaged in various pre-indaba stakeholder consultation sessions as a pre-cursor to the indaba.
URL: http://www.info.gov.za/speeches/2006/06081709451001.
During the gathering of over 500 Extension Officers of the Department of Agriculture, Eastern Cape at Good News Centre in King Williams Town yesterday, the Minister for Agriculture and Land Affairs, Ms Thoko Didiza, expressed her gratefulness for the commitment shown by the officers to serve people despite the challenges in the working environment.
URL: http://www.info.gov.za/speeches/2006/06051212451003.
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Issued by: The Presidency www.services.gov.
Indien die aanneemouer of ouers nie vir die aannemingsbevel gekwalifiseer het nie moet die herroeping plaasvind binne twee jaar vanaf die datum waarop die aannemingsbevel uitgereik is.
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A SETA's skills planning activities are guided by its Sector Skills Plan. These plans are aligned with the current cycle of the National Skills Development Strategy (NSDS III) and are updated annually to reflect the structural, economic and social changes in the SETA sectors.
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Stats SA will be releasing the first results of the 'Food and beverages' survey. This is a historic event in that, it is the first time that Stats SA has conducted a survey on this industry.
The Food and beverages survey is a monthly survey covering a sample of public and private enterprises involved in the production of meals and drinks for immediate consumption, in South Africa. For example, restaurants, take-away outlets, coffee-shops, caterers and bars are included in this category.
The purpose of the new survey is to increase the scope and coverage of South African tourism related industries. The results of this survey will be used mainly, to compile estimates of the Tourism Satellite Accounts (TSA), which is used to monitor and develop the tourism industry. These statistics can also used in the analysis of comparative business and industry performance.
The results of this monthly survey will be published quarterly in the statistical release P6420: Food and beverages.
Check the publications schedule for the release date.
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August is women's month in South Africa, a time to celebrate women who fought and fight for freedom, and all those who have worked for gender emancipation and equality.
The idea of women's month has its origins in Women's Day (9 August), a public holiday which celebrates the 1956 march of 20 000 women on the Union Buildings, to present a petition to Prime Minister JG Strijdom protesting against the extension of the pass laws to African women. The Prime Minister, who had been notified of the women's mission, was not there to receive them. When he failed to appear, the women left bundles of petitions containing more than a hundred thousand signatures at his door.
The women's petition dealt primarily with the effects of pass laws, which brought 'untold suffering to every African family. Raids, arrests, loss of pay, long hours at the pass office, weeks in the cells awaiting trial, forced farm labour - this is what the pass laws have brought to African men. Punishment and misery - not for a crime, but for the lack of a pass'.
Pass laws no longer exist in South Africa's post-apartheid democratic order. However, the women's petition of 1956 included a vision broader than abolition of pass laws. 'We shall not rest', they told Prime Minister Strijdom, until we have won for our children their fundamental rights of freedom, justice, and security'.
Can the women now rest Have the rights of their children, and especially those who are now adult women with their own girl-children, been secured One of the aims of women's month is to analyse and debate that question?
According to Stats SA's 2007 mid-year estimates, South Africa's population is approximately 47,9 million, of whom approximately 24,3 million (51%) are female.
Life expectancy at birth is estimated to be longer for women than for men.
Fertility has declined from an average of 2,89 children per woman in 2001 to 2,69 children by 2007. The implied rate of growth for the South African population has been declining steadily between 2001 and 2007, from approximately 1,3% between 2001 and 2002 to about 1% for 2006 to 2007. The growth rate for females is slightly lower than that of males.
Since 2001, when it was first conducted, the Labour Force Survey (LFS) has consistently recorded a higher unemployment rate among women, compared to men. The most recent data, recorded in the September 2006 LFS, reports an official unemployment rate of 21,2% for men, compared to 30,7% among women.
The General Household Survey (GHS) for 2006 indicates that there are still important gender differences in the percentage of people, age 20 years and older, who have no formal education. A substantial proportion (10,7%) of this group still has no formal qualifications. In 2006, 8,6% men had no formal education. For women, 12,6% had no formal education. This reflects an overall improvement in the situation in 2002, when 9,9% of men age 20 and above had no formal education, compared to 14% women. However, even with this improvement, the gap between men and women has remained largely constant, at approximately 4%.
Teenage pregnancy is an important indicator of the situation of teenage girls, especially in regard to its effects on schooling. In 2002, there were 66 000 teenage girls that reported pregnancy as the main reason for not attending an educational institution. This rose to 86 000 in 2004, but dropping to 71 000 in 2006. In 2002, 11,8% of teenage girls that were not in an educational institution reported pregnancy as the main reason, rising to 17,4% in 2004 and declining to 13,9% in 2006.
Over the period 2002 to 2006, the percentage of children that went hungry was substantially higher in female-headed households than in male-headed households. For example, in 2006 in 3,4% of female-headed households, children went hungry as against 1,6% in male-headed households. However, over the period 2002 to 2006, and reflecting the national average, the percentages of children that went hungry declined, particularly in female-headed households.
Last night, I attended the opening of the 56th session of the International Statistics Institute (ISI) in Lisbon, Portugal. Regular readers of this column will know that South Africa will be hosting the next ISI session, to be held in Durban in 2009. As part of the preparations for that event, Stats SA is developing a focus on statistics about women and the girl-child in Africa. This will be actively promoted at the 57th ISI session.
Stats SA will also be releasing data from two major survey instruments towards the end of the year. The Income and Expenditure Survey (IES) and Community Survey (CS) will present considerable detail recording the nature of progress made, or not made, in the emancipation of women in South African society.
A preliminary review of already-published official data suggests that progress has been made in the emancipation of women since 1956, when 20 000 brave protestors confronted the might of the apartheid state. Most of these advances have taken place within South Africa's new democratic order.
However, the reflections and activities linked to Women's Month this August confirm what the data are telling us: that total eradication of gender inequality, and gender-linked access to opportunity and resources, remains a challenge confronting all levels of society.
Pali Lehohla is South Africa's statistician-general and head of Statistics South Africa. For more information on Stats SA and its statistical outputs, including the Mid-year Population Estimates for 2007, and the 2006 General Household Survey, visit www.statssa.gov.za, or contact user services on (012) 310-8600.
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Economic growth is at the centre of national priorities, and over the past few weeks the measurement of growth has received considerable attention.
This is not only because of the emphasis placed on it in the minister of finance's budget presented to parliament last week. In his state of the nation address to a joint sitting of parliament on February 3, President Thabo Mbeki noted that the people of South Africa expected government to "make the necessary interventions with regard to the first economy to accelerate progress towards the achievement of higher levels of economic growth and development of at least 6 percent a year".
The president also reported that all three spheres of government - national, provincial and local - "have been working together for some months to elaborate the specific interventions that will ensure that Asgisa, the accelerated and shared growth initiative of South Africa, succeeds in its purposes, which include the reduction of the unemployment levels".
In this context of heightened awareness over the relationship between economic growth and job creation, Statistics SA will be releasing the latest data on gross domestic product (GDP) next week Tuesday, February 28. This will provide information on economic growth for the fourth quarter of last year, as well as the preliminary indications for the whole of 2005.
The compilation of GDP estimates is reliant on a wide range of social and economic statistics. These include results of Stats SA monthly surveys on mining, manufacturing, electricity, retail and wholesale trade sales, and motor vehicle sales.
Over the past few months, including the end-of-year period when many others took a needed break from work, the engine room of official statistics continued its collection, processing, analysis and publication of the monthly data needed for GDP estimation for the fourth quarter of 2005.
Recently published information includes data on electricity generated and available for distribution, which is an early indicator of economic activity in a given month.
Both production and consumption of electricity increased for December 2005 compared with a year ago. While overall production of electricity in South Africa last year remained virtually unchanged, reflecting only a 0.1 percent increase compared with 2004, consumption of electricity increased by 0.6 percent between 2004 and 2005.
The manufacturing industry is the second-largest contributor to total value added in the economy, with a contribution of 19.1 percent in 2004. As a result, the behaviour of this industry has a large influence on the economic growth rate for the entire economy.
Manufacturing production estimates for December indicated an increase of 6.2 percent compared with the previous year. In the fourth quarter of 2005, manufacturing production remained virtually unchanged, reflecting an increase of 0.1 percent in the seasonally adjusted estimates compared with the third quarter.
Low production in the petroleum industry during the last quarter was an important factor limiting growth in the manufacturing industry during this quarter.
Manufacturing output growth for the whole of last year totalled 3.5 percent, compared with 4.4 percent in 2004. Higher production was reported by seven of the 10 manufacturing divisions, mainly in food and beverages as well as the motor vehicles, parts and accessories, and transport equipment divisions.
Private sector building activity has increased strongly, as shown in the results of the building statistics survey among large local government institutions published last week. The value of building plans passed last year surpassed the figure for 2004 by 51.4 percent, with the largest increase recorded in the value of plans passed on new residential buildings. A similar trend is evident in the value of buildings completed during this period, which increased by 40.2 percent, or R9.083 billion.
Retail trade sales, at constant (2000) prices, for the three months to November increased by 6.8 percent compared with the three months to November 2004.
Similarly, retail trade sales at constant prices for January to November 2005 increased by 6.5 percent compared with January to November 2004. Retail trade sales at constant prices for November increased by 8.1 percent compared with November 2004. Retail trade sales at current prices for the three months to November increased by 11.2 percent compared with the three months to November 2004.
The suite of short-term data released monthly by Stats SA ensures that quarterly estimates of GDP can be published within about 60 days after the reference period. Next week's release of the latest GDP data will be eagerly awaited, not only by economic policy makers, but by a far wider range of stakeholders who have been drawn into the policy and implementation debates associated with economic growth and job creation.
Published on the web by Business Report on February 23, 2006.
© Business Report 2006. All rights reserved.
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Civil judgments for debt down 15.
Not all data released by Statistics SA make the headlines. However, some of the less prominent statistical releases contain important insights, which shed light on trends and developments in society as a whole and the economy in particular.
For example, each month Stats SA releases data on civil cases for debt. This survey, which covers a sample of magistrates' offices, collects information regarding civil cases recorded, civil summonses issued and civil judgments recorded.
Its provides information on the extent of unpaid debt in South Africa, which is used by the private and public sectors as an indicator of economic performance.
Each month the survey covers the number of civil cases recorded; the number of civil summonses issued for debt; the number of civil judgments recorded for debt; and the value of civil judgments recorded for debt.
The most recent data released in this series reports on three periods: the month of March 2005; change over the period March 2004 to March 2005; and change between the first quarter of 2004 compared with the first quarter of 2005.
In most areas monitored there was a decrease in the indicators of debt. The total number of civil summonses issued for debt in the first quarter of 2005 decreased by 16.4 percent compared with the first quarter of 2004.
The big contributors to this decrease were summonses issued in respect of money lent (down 6 percentage points), promissory notes (down 2.3 percentage points), "other" services (down 2.3 percentage points), goods sold on open account (down 1.7 percentage points) "other" debts (down 1.7 percentage points) and rent (down 1.4 percentage points).
Following this pattern, the total number of civil judgments recorded for debt for the first quarter of 2005 decreased by 15.8 percent compared with the first quarter of 2004.
The contributors to this decrease were civil judgments in respect of money lent (down 5.1 percentage points), promissory notes (down 2.4 percentage points), rent (down 2.2 percentage points), and "other" debts (down 1.8 percentage points).
The total value of civil judgments recorded for debt for the first quarter of 2005 decreased by 5.3 percent compared with the first quarter of 2004.
The major contributors to this decrease were civil judgments recorded in respect of promissory notes (down 4.1 percentage points) and "other" debts (down 2 percentage points).
However, this decrease was slightly counteracted by an increase in civil judgments recorded in respect of professional services (1 percentage point).
Turning to the month of March this year, 65 406 civil judgments for debt amounting to R521 million were recorded.
The largest contributors to this amount were civil judgments relating to money lent (R155.3 million, or 29.8 percent), "other" debts (R135 million, or 25.9 percent) and promissory notes (R77.4 million, or 14.9 percent). During this month, 108 302 new civil summonses for debt were issued.
Comparative data released as at March 2005 show a decline in the number of civil summonses issued for debt between March 2001 and March 2005. Peaking in December 2002 at over 159 000, the March 2005 figure has fallen to just over 108 000.
The number of civil judgments recorded for debt reached a high of approximately 105 000 in mid-2003, falling to approximately 65 400 in March 2005.
Today Stats SA releases the latest data on civil cases for debt, which will reflect the position as at April 2005. Although a lesser-known indicator of trends in the economy, this monthly release provides important insights into economic performance.
Pali Lehohla is the statistician-general and head of Statistics SA. For more information on Stats SA and its outputs, including the latest statistics of civil cases for debt, visit www.statssa.gov.
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Results: 21 to 40 of 62 (104467 searched in 0.295.
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Statistics SA mourns the passing of Business Report's talented parliamentary correspondent, Lynda Loxton.
We had grown used to her presence, especially at our appearances before parliament's finance portfolio committee. After hearings, we would rush to read her coverage, wanting to know what criticisms she had highlighted, what praises she had recorded.
On Thursday, to my shock, I learned of her untimely death. There was a tangible absence at that hearing, something we could almost feel. It will not be easily filled. Hamba kahle, Lynda. We will miss you.
Statistics can be gathered in a number of different ways: through censuses, sample surveys and registers.
In addition, statistical agencies across the world make use of administrative records to collect data for analysis. Statistics SA, for example, relies on the department of home affairs for administrative data on births, marriages and deaths. It receives data from the minerals bureau at the department of minerals and energy in the compilation of mining statistics.
Local authorities are also a major source of administrative data. This deals with, among others, the finances of municipalities and service delivery at municipal level. Local authorities also provide Stats SA with the information required to compile a monthly release reporting on selected building statistics of the private sector.
Last week Stats SA released this data for January 2006. The building statistics collected by local government cover the value of building plans passed and the value of buildings completed.
The value of recorded building plans passed by larger municipalities (at current prices) during January 2006 increased by 32.3 percent (R1.019 billion) compared with January 2005.
Large increases were reported for non-residential buildings (54.5 percent), residential buildings (37 percent) and additions and alterations (10 percent).
Large increases for non-residential buildings were reported for industrial and warehouse space (75.2 percent) and shopping space (56.2 percent).
Building plans passed for flats and townhouses showed the largest percentage increase for the year January 2005 to January 2006 (70.6 percent).
Seven provinces reported increases in the value of recorded building plans passed. The largest contributor to the increase of 32.3 percent was Gauteng (23.5 percentage points or R739.6 million), followed by Western Cape (4.4 percentage points or R137.6 million), KwaZulu-Natal (1.7 percentage points or R55 million), Eastern Cape (1.6 percentage points or R49 million) and Mpumalanga (1.5 percentage points or R47 million).
Gauteng reported large increases for residential buildings (109.4 percent or R587.5 million) and non-residential buildings (59.3 percent or R118 million).
Two provinces (Free State and Limpopo) showed a small decrease in the value of plans passed for the period under review (minus 1.1 percent or R34 million, and 0.9 percent or R28 million, respectively).
The value of buildings reported as completed in larger municipalities (at current prices) during January 2006 increased by 29.1 percent compared with January 2005.
The largest increase was reported for residential buildings (37.3 percent), followed by additions and alterations (22 percent) and non-residential buildings (11.5 percent).
Seven provinces reported increases in the value of buildings completed.
The largest contributors to the increase of 29.1 percent were Western Cape (17.4 percentage points), followed by Gauteng (6.7 percentage points) and North West (5.3 percentage points).
However, a large decrease was reported for KwaZulu-Natal (minus 5 percentage points), with a smaller decrease in Northern Cape (minus 1.3 percentage points).
The overall increases nationally (32.3 percent in the value of plans passed and 29.1 percent in the value of buildings completed) are a reflection of increased economic activity in the 12 months under review.
However, it is noticeable that the provincial distribution of these increases is uneven, with Gauteng and Western Cape showing the highest rate of increase in both plans passed and buildings completed, and some provinces reporting decreases.
To some extent, increases might also be accounted for through improved reporting of administrative data. For some time, some local authorities' submission of data to Stats SA appeared to be behind schedule, and this could have resulted in an under-reporting of private sector building activity.
However, after Stats SA approached these municipalities, pointing out that the timeous submission of information was of national importance and an integral element in building a national system of statistics, submission of data has improved.
This might account for some part of the increases in building activity reported.
Administrative records can be a potent tool in statistical collection as long as the records are of appropriate quality and reliability, and are made available rapidly. The positive response of local authorities to Stats SA's request to reduce the time-lag in submission of information bodes well for the use of this type of administrative information.
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Gauteng MEC for Public Transport Roads and Works Mr. Ignatius Jacobs Mayor of the Ekurhuleni Metro Mr Duma Nkosi Members of Parliament and Councillors here present Senior Government Officials Ladies and Gentlemen
On 18 May 2004 President Thabo Mbeki waxed lyrical and the people of Limpopo ululated in acknowledgement as he officially launched the Expanded Public Works Programme (EPWP).
The occasion was important not just because it was the first official launch of the EPWP. It was however significant because of the way in which it committed government to doing everything in its power, to ensure that all three spheres and agencies adopt a new way of doing business.
The launch was also bold as it was honest in its promise, which is to create at least 1 million jobs over the next five years. This I am happy to report today, is something that we are on course to achieve.
While I am pleased each time we meet our targets every year. I will however be a much happier Minister of Public Works when I know that when the EPWP has become so ingrained in the psyche and practice of government that it has become akin to Black Empowerment. I say this because in the similarities between BEE and the EPWP lies massive opportunity. Like BEE for example the EPWP does not have a separate centrally coordinated fund hypothetically called the "EPWP Fund".
The point missed by those who at one or other time criticized the EPWP for not having funds of its own is that precisely because the programme was not separately funded, it could have access to infinitely more funds!
In this regard, like BEE, we are in a position to use a combination of peer pressure and powers of persuasion to spread the word of EPWP. In this way we will inculcate a culture of doing business that has as it central driving force the creation of jobs and the eradication of poverty. This culture will of necessity be seized with what I truly believe is the question of our time: How can we create more jobs in our economy without spending outside our budgets?
As a transversal government programme the EPWP's biggest challenge has perhaps been in the coordination effort. Without the sophistication in our coordination, a proper evaluation of our own progress would well nigh be impossible. It is through this process that we have been able to regularly report to you and to Cabinet not only on the quantity of jobs we have created, but also the quality of those jobs.
In this regard we announced that in the first year of operation we had created more than 170 000 (174 800) jobs. we also said that we were on course to average the 200 000 jobs we need to reach 1 million jobs over five years.
In a manner of speaking a lot of water has passed under the bridge since the EPWP launch. It has now become common course that the EPWP is meeting all its targets.
It is with pleasure therefore Ladies and Gentlemen that I present to you the findings of our latest report. The First Quarterly Report of 2005 covers the first three months of the 2005/2006 financial year which are 1 April to June 30 2005. The report covers gross and net job opportunities across the four sectors of the EPWP, i.e. the infrastructure, environment and culture, social and economic sectors.
With regard to the infrastructure, environment and culture sectors the focus is on the substitution of labour for machines. The social sector is by nature labour-intensive, while the economic sector focuses on the creation of emerging entrepreneurs.
Before I give you the data let me provide you with a few contextual issues first. You must note that the EPWP data is collected on a cumulative basis from one quarter to another and is capped on an annual basis. This means that job opportunities reported may not necessarily be new ones. What this further implies is that given the contractual nature of the infrastructure jobs it is quite possible that the same person could be returning to get jobs as we take in new contractors.
Let me make an example with the Zibambele Road Maintenance Programme in KwaZulu Natal The programme consists mainly of part-time contractual work and the contracts are renewed annually. Because it is not possible in our current structure to keep track of every individual, the same person could be getting employed on a serial basis. This speaks to an inherent weakness in our Key Performance Indicators (KPI) which I will address in due course.
The second point is that some projects cut across financial years. It is therefore theoretically possible that there might be double reporting between quarters. Fortunately we now use the concept of person-years, which is a more reliable variable because it minimizes the potential for doublereporting.
I am also pleased to announce that we are busy with a proper monitoring and evaluation (M&E) framework for the EPWP. This M&E process will commence in this financial year and will involve longitudinal studies and cross-sectional surveys, as well as case studies and completion reports. The lessons learned will be fed into project planning and implementation cycles, and will be used to identify the key issues that need attention in subsequent evaluation studies. In an effort to improve data quality the DPW is also conducting capacity-building workshops for reporting bodies across all provinces.
Returning to the results, I am pleased to report that in the last three months we created at least 60 400 gross work opportunities. This is at least 59 200 net work opportunities created by the end of the first quarter of 2005/06. In this period we paid total wages amounting to R98.6m. The wages we pay do not make instant millionaires out of the people in our programme. Instead the EPWP plays its part in the social reconstruction of this country together with other poverty alleviation programmes of government. In the process we provide a livelihood to the majority of women who otherwise would not have many alternatives when seeking to feed their families.
Speaking in exponential terms we have no doubt that when the impact we make on the lives of our people is spread many times to other members of the community. We are happy with the numbers which indicate that we created at least 42 500 jobs in the infrastructure sector and paid R69.9m in wages. This compares favourably to the 109 700 net work opportunities created in the infrastructure sector during the first year of implementation of the EPWP.
We are also pleased that in the Environment and Culture Sector we created 14 000 net work opportunities in the first quarter. We paid wages amounting to R27.4m. The total number of net work opportunities created during 2004/05 in this sector was at least 72 700.
A break-down of the data for the first quarterly report shows that the work opportunities created thus far consist of 64% women, 31% youth and 0.4% people with disabilities. This is a clear indication that we are addressing poverty in one of the best ways possible, which is to empower our women in the poorest communities of our country.
Average employment in infrastructure projects is approximately four months and six months in the environment and culture. However, in some infrastructure programmes, such as the Zibambele routine road maintenance programme in KwaZulu-Natal, employment is longer because of the nature of work being carried out and the fact that contracts are renewed annually. Contractors, supervisors and artisans obtain even longer-term employment through EPWP projects as they move from project to project.
For this first quarter the majority of infrastructure projects were in the Eastern Cape. Most gross work opportunities however were in KZN at 32 400. The highest number of person-years of work created across the four sectors of the EPWP during this quarter was in KZN, namely 4 383.
Going forward I am pleased that the Business Trust has committed itself to supporting the EPWP for the coming years. This is through the establishment of an R100million facilitation fund over the period March 2005 - March 2010. The EPWP Support Programme will initially attend to the following factors. These are conditional grants, aligning the EPWP to the National Skills Development Strategy (NSDS) and the challenges confronting delivery in the social sector.
We have further identified five municipalities and two provinces to participate in the Expanded Public Works Support Programme. These were selected on the basis of job creation potential, performance of municipalities as well as the capacity and willingness to implement the EPWP.
The Independent Development Trust supports the EPWP through its Social Facilitation Support Unit. It has already involved at a high level the Gauteng Department of Housing, Mogale City, Randfontein, Johannesburg Metro, Tshwane and Ekurhuleni Municipalties. An EPWP housing sector plan has been finalized, outlining the way forward for the provincial departments of housing who will be implementing the EPWP as part of their housing delivery. Implementation of the plan will align the infrastructure components of housing projects to the EPWP.
We have identified the Zibambele Road maintenance programme of the KwaZulu-Natal Department of Transport as a best practice to be replicated elsewhere. There are reasons why this is so. Zimbambele currently provides work for more than 14 000 people who maintain sections of rural road networks across the province. We will replicate Zibambele in the Eastern Cape and Mpumalanga.
It is common knowledge that Transnet and Eskom will dominate infrastructure investments in South Africa in the coming five years. Transnet and our selves have already prepared for adoption by Transnet Exco, an EPWP policy which will direct all their branches towards using labourintensive construction methods wherever feasible. We will sign a Memorandum of Understanding (MOU) with Eskom in due course.
Through the Home Based Care and Early Childhood Development programmes the social sector plans to provide for orphans and children made vulnerable by HIV and AIDS. This is done in family and community context in partnership with non-profit making organizations like NGOs, CBOs and other community based organizations.
The EPWP economic sector aims to assist 3000 sustainable businesses to develop in various sectors over the period 2004/05 - 2008/09, through a programme known as venture learnerships. It is based on the Sakhasonke Programme managed by the Limpopo Department of Public Works. We have here extended this model beyond infrastructure into other sectors of emerging enterprise development. A total of 170 venture learnerships have been implemented in Limpopo and the Eastern Cape.
In conclusion it is clear that after the first year of implementation, the EPWP is on course to meet its job creation targets.
Some environmental sector programmes and labourintensive infrastructure programmes such as the Zibambele programme in KZN, and the Gundo Lashu programme in Limpopo, are running successfully. They will be expanded further if and when more funds are available.
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Statistical indicators, compiled both by transnational agencies such as the UN and by national statistical agencies, provide the basis for comparison between countries.
The UN's millennium development goals (MDGs) involve a particularly important example of this sort of measurement, where progress towards time-bound targets is monitored through a set of statistical indicators.
Reducing by half the proportion of people without sustainable access to safe drinking water, and achieving significant improvement in the lives of at least 100 million slum dwellers by 2020.
Progress towards each goal is monitored through a statistical indicator usually based on one or two data variables, such as child mortality or enrolment at schools by gender. Other indicators, especially when countries are compared, are usually more complex in construction and can involve a number of data sources combined in various ways to construct an index that ranks countries in a type of league table.
One of the best known of these is the UN Development Programme's annual human development index (HDI). Development has often been measured in terms of economic or material wellbeing only, as reported through gross domestic product (GDP) per capita. The HDI was designed to go beyond this narrow measurement. It is based on three measurements: life expectancy, education and GDP.
The HDI makes it possible to rank countries according to progress in development. It enables policy makers, investors, social scientists and others to evaluate each county in relation to others, using a single number (the index). Constructed from three separate and fairly simple statistics, it is easy to understand. Therein lies its strength.
There are, however, weaknesses in its construction, primarily because it is based on only three components, which have been chosen arbitrarily from a wide range of available data sources.
The complexity of measurement and transnational comparison through the construction of indicators was evident at the recent steering committee of the Partnership in Statistics for Development in the 21st Century (Paris21) consortium, which I am privileged to co-chair.
One of the discussions at last week's meeting in Paris centred on measurement and monitoring of government performance. This has become a subject of increasing public debate, especially in the developing world and low-income countries. How, the Paris21 steering committee pondered, can one best measure government performance and compare between countries What information should be used in constructing indicators enabling legitimate comparison These questions are not easily or quickly answered?
Assessment of the strengths and weaknesses of the HDI provides some direction. Data sources and components must be justifiable according to sound and transparent criteria. Comparability between countries is essential if credible indicators are to be constructed.
A wise and experienced statistician of international standing recently suggested to me that this problem necessitated a choice: either select very few components and risk misrepresenting the social reality, or select a greater number and risk awkward or clumsy reporting. Discussions in last week's Paris21 steering committee meeting suggest that, at least for developing and low income countries, the risk of inadequate or incorrect measurement is far greater than the difficulty of managing and communicating inelegant and awkward indicators.
Finally, the absence of adequate data poses a risk of even greater proportion than misrepresentation or clumsy communication. Without data of appropriate quality, all measurement will be of dubious value.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA's products and services, visit www.statssa.gov.
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When President Mbeki delivered his state of the nation address on May 21, he set out in considerable detail the government's priorities and programmes. Progress on implementing this programme of action is being carefully monitored through an ongoing cycle of two-monthly reports to cabinet. The reports are then updated on the government's website.
I am not aware of any other government placing its actions and promised delivery under public scrutiny in such detail.
Responsibility for every element has been allocated to one of the government's co-ordinating clusters (social, economic, international relations, justice and security, and government and administration), summarised into an action point and linked to specific departments, timelines and progress reports.
Cabinet committees are being used to monitor and co-ordinate implementation of the programme. This brings ministers, deputy ministers and directors-general who belong to a cluster together to consider progress with regard to the tasks of each cluster.
During the parliamentary debate on the presidency budget on June 23, Mbeki pledged that a page would be opened on the government website with information on the programme of action.
"By checking on this page, the public will be able to follow progress of this programme of action. It will also be possible for the public to communicate its views about the programme directly to the government," he said.
Challenges identified include eradication of poverty and underdevelopment; persisting racial and gender inequalities; growth, development and modernisation of the First Economy; building a social security net to alleviate poverty; and addressing the Second Economy, which is a structural manifestation of poverty.
The programme of action goes into great detail.
Increase the number of children eligible for child support grants by 3.
Ensure that every household has access to electricity within eight years.
High-quality statistics are central to monitoring the implementation of the programme. For example, Statistics SA is mandated to "immediately start research on economic activities in Second Economy communities while implementing a cabinet decision on a comprehensive household survey and allocation of addresses to all households".
More broadly, Stats SA is undertaking a range of in-depth consultations with key government stakeholders to understand what information is needed; looking at data items to be included in future household surveys; and establishing why these data items are important.
Ten stakeholder consultation workshops have been scheduled across the country. These began on August 27 in North West and will end in Gauteng on September 29. To date, eight workshops have been completed.
About 300 participants, mainly from government, but with the research and educational communities also well represented, have attended these consultations. They have been asked about their sources of information and the data they require that is not available from Stats SA.
The programme of action is a far-reaching initiative, with statistics at the heart of the transparent manner in which progress is being monitored and managed.
Pali Lehohla is South Africa's statistician-general and the head of Stats SA. To monitor progress on the programme of action, visit www.gov.za. For information on Stats SA, visit www.statssa.gov.
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The theme that informs the work of this conference, 'fighting corruption and safeguarding integrity,' correctly presumes our ability as political leaders, business leaders, civil society, public intellectuals and academics, and others, to identify the root causes of corruption and accordingly work out the most effective ways and means to combat it.
She said ordinary people should also be at the forefront of fighting the scourge in an effort to safeguard the South Africa's young democracy.
The department has signed a further Service Level Agreement with the SIU mandating them to investigate fraud, corruption and maladministration in low-income housing contracts. This is the focus for the current financial year, and will enable the department to understand the type of abuse giving rise to blocked projects and allow us to improve our systems and processes while getting rid of corrupt officials and contractors.
Instead, we should work tooth and nail to ensure that government at the municipal level is not only free of mismanagement and corruption, but also delivers services efficiently and speedily.
Despite the fact that corruption in the eyes of many of our people appears to be deeply entrenched in the system and that it sometimes seems inevitable, we need to fight on and improve our efforts to tackle this problem. It is our duty to do so if we are to remain true to President Jacob Zuma's call to hold ourselves to the highest standard of service, probity and integrity. We must raise a hand, raise a finger!
There are pockets of excellence in policing in the Republic of South Africa and there are areas that really need to be addressed in a very serious form, he said in an interview.
"The pools of ugliness will be the number of police who are arrested because they are corrupt. Once this organisation is well-oiled, I can assure you criminals will begin to run. You can't have a weak organisation and expect it to give you the best results," Cele said.
Cele said there was corruption everywhere and "even Jesus Christ found one among the twelve".
Corruption is like cancer. It attacks the healthy working of the economy; it spreads insidiously; and eventually it kills economic activity. Corrupt officials, like cancer cells, benefit themselves but harm all around them. Countries have been ruined by corruption.
"Corruption is a challenge. About 420 officials are on suspension or have been dismissed for performing undesirable activities," he told reporters at the National Press Club in Pretoria.
The country's vice-president, Kgalema Motlanthe, admits that at every level of government the scourge is "far worse than anyone imagines".
"We need to focus on issues we know are specific impediments: fraud, delays, corruption, absentee contractors, ghost houses, shoddy workmanship again and corruption around waiting lists."
"There is lots of money doing the rounds in our organisation from people trying to buy votes, people trying to get into leadership positions".
"It is clear that the time has come for the organisation to act. We must take a decision that those who engage in such activities are in fact undermining the organisation and its work and at worst, are undermining the unity of the organisation. Action must be taken against them".
A Cabinet Inter-Ministerial Committee has been established to coordinate government efforts to fight corruption. The IMC works with institutions such as the Public Protector, Auditor General, and the Special Investigating Unit to coordinate efforts.
Cosatu's general secretary Zwelinzima Vavi announced last week that the trade federation would set up an anti-corruption unit, which would include a team of lawyers, accountants and auditors to conduct preliminary investigations and process these with the relevant authorities.
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South Africa is a water-stressed country and water planners and managers are being faced with increasingly complex issues.
The country is largely semi-arid and prone to erratic, unpredictable extremes in the form of droughts and floods. Water is most abundant in the geographically small escarpment areas, which run in a narrow strip from the north-east of the country down the eastern and southern seaboards, remote from the major demand centres in the hinterland. Many large storage dams have been constructed to regulate the natural variable flow of rivers and facilitate water transfers between catchments.
Rivers are the main source of water in South Africa. Countrywide, the average annual rainfall is about 500 millimetres (mm), compared with a world average of about 860 mm. On average, only some 9% of rainfall reaches the rivers as run-off. Sixtyfive per cent of the country receives less than 500 mm per year, which is generally accepted as the minimum amount required for successful dry-land farming. Twenty-one per cent of the country, mainly in the arid west, receives less than 200 mm a year.
The commercial forestry industry in South Africa is committed to practising sustainable forest management and has one of the largest areas of Forest Stewardship Council-certified plantations of any country in the world.
The Orange River Basin is the largest river basin in South Africa with a total catchment area of one million square kilometres (km2), almost 600 000 km2 of which is inside South Africa, with the remainder in Lesotho, Botswana and Namibia.
On average, South African rivers receive about 50 billion cubic metres (m3) of water per annum with a further six billion m3 available from underground aquifers. This translates into 1 400 on average per m3 person per annum. Of this 56 billion m3, 21 billion m3 is utilised. Of this volume, 52% is used for agriculture and irrigation, 4% for forestry, 4% for industry, 10% for domestic use, with 19% allocated to ensuring a sustainable environment.
Apart from erratic rainfall and the low ratio of run-off, which affects the reliability and variability of river flow, the average annual potential evaporation is higher than the rainfall in all but a few isolated areas where rainfall exceeds 1 400 mm per year. Only about 32 000 million of the annual m3 run-off can be economically exploited using current methods. Usable run-off is further reduced by land uses such as commercial afforestation and sugar cane, and by high evaporative losses from the numerous storage dams throughout the country.
Farm dams, of which there are a large number, can seriously reduce the flow of rivers and streams during the dry season and also delay the run-off water at the onset of the rainy periods.
Furthermore, rainfall, and to a greater extent run-off, is poorly distributed in relation to the areas of greatest economic activity. Accordingly, water is transported over great distances from areas of relative abundance to areas of increasing demand. For instance, water supplies in the populous and economically important industrial hub in Gauteng are supplemented by transfers from the better-watered east.
The aim of the Department of Water Affairs and Forestry is to ensure the availability and supply of water on a national level and to promote forestry development.
Some 6,2 million people have access to a basic supply, obtaining water from sources that are further than 200 metres (m) away. However, the service needs to be improved to meet Reconstruction and Development Programme standards. The focus of the Department is to bring water to within 200 m of these households.
The past few years have seen a number of achievements in the management of water resources in South Africa and the implementation of the internationally acclaimed National Water Act, 1998 (Act 36 of 1998).
creating 20 000 work opportunities through the Working for Water Programme, and developing strategies to provide general and financial support to small-scale and emerging farmers.
According to the Constitution of South Africa, 1996 (Act 108 of 1996), it is every person's right to have access to clean water.
According to the 2001 Census, five million people still need access to a basic supply of water or are without the bare minimum supply. These are people who take water directly from dams, pools, streams, rivers or springs, or purchase water from water vendors.
Households with access to water increased from 80% in 1996 to 85% in 2001.
The Department of Water Affairs and Forestry's CWSS Programme was initiated in 1994 to achieve the constitutional objective of ensuring that all South Africans have access to sufficient water and a healthy living environment, with the focus on rural areas.
One aim of the CWSS Programme is to capacitate local government and promote the sustainability of water-service projects.
In August 2003, the Minister of Water Affairs and Forestry, Mr Ronnie Kasrils, handed over 29 boreholes worth R1 million to the communities under the Greater Groblersdal Municipality - Dennilton, Phokwane, Leeufontein, Doornlaagte, Driefontein, Elandsdoorn, Tafelkop and Naganeng.
The boreholes form part of government's efforts to provide people with clean drinking water and curb the spread of waterborne diseases such as cholera.
South Africa became a democracy in 1994, was celebrated.
In 2002/03, some 1,2 million people received water-supply infrastructure and 65 105 toilets were built.
This translates to 390 630 people who received sanitation through the CWSS Programme.
In the process, temporary employment was provided to 98 000 people, 11 300 of which received formal training.
Government is on target to eradicate the backlog in water infrastructure and sanitation facilities by 2008 and 2010, respectively.
rapid urbanisation, with many municipalities facing challenges typical to cities in a developing country additional households will necessitate the provision of additional sanitation infrastructure.
The National Sanitation Programme, which includes the Housing and Municipal Infrastructure Programmes, continues to accelerate, with improved sanitation provided to an estimated 2 260 000 people in 2002. The Department spent about R221 446 000 providing toilets for 65 105 households.
Some R321 million was allocated in 2003/04 to provide sanitation to 120 000 households, as part of the national target of 300 000 households for the combined Programme. Through community-based labour-intensive approaches, the Programme is expected to generate over 6 000 jobs annually and plough R50 million into rural economies.
The Department intends to eradicate the bucket system in 430 000 households by 2006.
The Department continues to collaborate with the Departments of Health and of Education to improve sanitation in schools and clinics. Some R40 million will be spent on clinic-sanitation programmes and R150 million on school sanitation.
The Department has set aside R116 million for refurbishment, plus another R210 million in the next two years of the Medium Term Expenditure Framework (MTEF), R93 million for capacity-building and R25 million for strengthening the Department's oversight role.
To eradicate backlogs in access to water and sanitation by 2008 and 2010 respectively, future funding for water and sanitation is expected to increase.
The MIG is intended to facilitate and ensure more effective and integrated service delivery.
In November 2000, the Minister of Water Affairs and Forestry, Mr Ronnie Kasrils, signed a partnership agreement with Roundabout Outdoor and the United States' Kaiser Family Foundation for the installation of 100 merry-go-rounds, which use the energy of children at play to pump water to rural communities.
Water tanks are installed a few metres away from the play pumps, sporting HIV/AIDSprevention messages aimed specifically at young women who frequently collect water for their households. The tanks also carry paid advertising by companies such as Unilever, Colgate-Palmolive and Telkom, which covers the cost of maintaining the play pumps.
In 2001, play pumps were installed in 40 rural villages throughout South Africa. The Kaiser Family Foundation donated US $250 000 in 2001 to install an additional 60 play pumps countrywide.
Tapping the energy of children at play, the pumps can generate some 1 400 litres of water per hour, saving young women time and energy they would otherwise have spent walking to and from more remote water resources.
The play pumps also help prevent diseases such as cholera that can stem from open-water supplies.
International donor money continues to come in from the World Bank, and the latest contributor to join the project is the ClearWater Project. Roundabout Outdoor has 130 sites already established and during National Water Week 2003, the SABMiller (until recently South African Breweries) donated a cheque of R5 million for 110 more sites.
These sites are in the Eastern Cape, KwaZulu-Natal, Mpumalanga, North West and Limpopo.
The Free Basic Water Policy was launched in July 2001.
By June 2003, 78% of the country's municipalities were implementing the Policy, providing more than 27 million people with free basic water.
Provincial support units, staffed by trained free-basic-water specialists, were established.
Medium-term targets of the Department of Water Affairs and Forestry include supplying an additional one million people with basic water and 300 000 households with basic sanitation every year.
The Department also aims to expand the Free Basic Water Policy to 85% by March 2004.
South Africa is developing a multidisciplinary approach to managing the country's scarce water resources, based not only on technical considerations, but also on economic, social, political and environmental considerations. This new approach to integrated water resource management is enshrined in the National Water Resource Strategy, which was published in August 2002 for public comment.
The draft Strategy outlines the framework for water resource management as required by the National Water Act, 1998, and describes, among other things, how the Government intends to implement water-resource protection measures. These measures are being implemented and include the determination of the reservewater required to meet basic human needs and ecological-flow requirements for aquatic ecosystems, as a standard prerequisite before any other water use is authorised.
The Strategy also describes provisions for water-use and how it will be authorised, water conservation, demand management, water pricing, the institutional arrangements for water resource management, infrastructure development, monitoring and information systems, and public safety in water matters.
Considered to be South Africa's 'blueprint for survival', the Strategy sets out proposed strategies to achieve equity, sustainability and efficiency in the use of the country's water resources.
It also outlines plans for investment in new dams and related infrastructure over the next 25 years, and proposes arrangements with neighbouring countries for managing shared rivers.
The Strategy also describes how government will deal with water allocations, water pricing and pollution control, and outlines how the demands for water will be met in future, as well as the institutions that will be established to allow the public to participate in water resource management.
Public safety, and ways to manage disasters such as droughts and floods and their impact, are also addressed.
The Strategy will ensure that water resources are used to meet the needs of the people, create jobs and support sustained economic development while ensuring that aquatic ecosystems are protected.
National Water Week 2003 was celebrated from 17 to 23 March under the theme Water is our Future - focusing on protecting and respecting South Africa's water resources.
Water Week 2003 coincided with the launch of the International Year of Fresh Water in South Africa, as well as the Third Water Forum in Japan.
A call was made to all South Africans during the Week to maintain and improve the quality and quantity of freshwater available for current and future generations.
As part of the Water Week celebrations and activities, the Minister of Water Affairs and Forestry, Mr Ronnie Kasrils, awarded the annual Baswa le Meetse Youth in Water Arts Award to learners who produced inspiring educational messages to the public about water and sanitation through theatre and the arts.
The Award was complemented by the existing school-based 2020 Vision for Water Education Programme.
Minister Kasrils also awarded the annual National Women in Water Awards. These Awards serve to honour women who have distinguished themselves in water resource management.
The Strategy was expected to be finalised in November 2003.
ensure and define the rights of access to basic water supply and basic sanitation services set out the rights and duties of consumers and those who are responsible for providing services allow the Minister of Water Affairs and Forestry to set national standards (including norms and standards for tariffs) to ensure sufficient, continuous, affordable and fair water services promote the effective and sustainable use of financial and natural resources regulate contracts for the fair and transparent provision of water services create effective and financially viable statutory institutions to assist local government to fulfil its obligations under the Act.
In addition, a potentially powerful provision of the Water Services Act, 1997 requires the production by Water-Service Authorities (the designated municipalities) of Water-Service Development Plans, within the framework of the Integrated Development Plans, now required by municipal legislation. In a similar manner, tariff regulations cover areas (also addressed by legislation) governing municipal finances, highlighting the need for a coherent interface between generic municipal regulation and sector-focused regulation.
In addition to regulating the Water-Service Authorities, the Water Services Act, 1997 provides a comprehensive framework for the oversight and regulation of the Water Boards, established as a family of regional public utilities under the authority of the Minister of Water Affairs and Forestry. It also provides a framework for the collection and publication of information about water services, which may come to be one of the more powerful regulatory tools available to national government.
integrated management of surface water and groundwater sustainable use of groundwater within the average annual replenishment rates sustainable use of surface and groundwater devolution of surface and groundwater to catchment and local level government to play a support role through functions such as promoting awareness, information provision and capacity-building.
The Act does not differentiate between surface water and groundwater with respect to allocation, protection and conservation. The Act aims to control the use of water resources, protect them from being impacted on or exploited and polluted, and ensure that every person has equitable access to water resources.
On 1 October 1999, the Department of Water Affairs and Forestry started a registration drive for users of large amounts of untreated raw water.
The new measures do not apply to users of borehole water for domestic purposes, those who use it to grow food for subsistence, or those who use it to water a few head of cattle.
The Department of Water Affairs and Forestry was awarded with a Best Practice Certificate for its initiative 'Partnership in Service Delivery for Sustainable Rural Water Provision' by the United Nations Human Settlement Programme (UN-Habitat) in January 2003.
The International Award for Best Practice aims to identify and promote best practices in development from around the world.
Government aims, through the initiative, to eliminate the backlog of water in South Africa within a period of 10 years. The target is for every citizen to have at least 25 litres of clean water available within 200 metres of their households.
stream or underground aquifer and use it for irrigation, mining, industrial use and feedlots.
Water users had to register before 30 June 2001 or face paying a late registration penalty of the greater of R300 or 10% of outstanding water charges. The registration of users of raw water provides the knowledge base needed to manage the country's water resources more effectively. From 1 April 2002, the process also saw management charges levied on commercial users of water.
By May 2002, about 46 000 water users had been registered, accounting for about 90% of the country's water use.
New water use is now subject to licensing. An assessment of the environmental requirements of the rivers and streams concerned is conducted before a licence can be issued.
The implementation of the National Pricing Strategy for raw water began in 2002, to ensure that, as far as possible, the costs of the management of water resources and watersupply infrastructure are borne by water users.
Billing through the Water Administration and Resource Management System to all water users started in the 2002/03 financial year to recover the appropriate costs. The majority of the water users are paying the water-resource charge or cost for which they are accordingly billed. However, there is still a considerable underrecovery of costs.
The Draft Water Services White Paper was released for public comment by the Minister of Water Affairs and Forestry in February 2003.
everyone is entitled to a basic supply of 25 litres of clean water per day, or 6 000 litres per household per month no one should be without a water supply for more than seven days per year - if a public supply is interrupted for more than 24 hours, the municipality should liaise with residents and arrange for emergency supplies people who cannot afford to pay for water are still entitled to a free basic water supply it is a criminal offence to connect to a public water supply without municipal permission people who are unable to pay their water bill should make arrangements with their municipality municipalities may restrict people to the free basic amount, but may not withhold the basic supply municipalities must inform people before they discontinue their services and must also have a consumer service where people can lodge complaints.
The White Paper provides a comprehensive review of policy with respect to the waterservice sector in South Africa and provides a policy framework for the next 10 years.
The White Paper addresses the full spectrum of water-supply and sanitation services and all relevant institutions. It will replace the 1994 White Paper on Water Supply and Sanitation. The White Paper on Basic Household Sanitation of 2001 will also be amended to ensure compatibility with the new White Paper.
Claire Reid, the South African Youth Water Prize winner, was awarded the prestigious Stockholm Junior Water Prize in Stockholm, Sweden, on 12 August 2003.
Claire, a Grade 11 learner at St Teresa Mercy School in Rosebank, Johannesburg, won a R37 000-scholarship and a crystal sculpture, which was awarded by the Crown Princess Victoria on behalf of the Stockholm Water Foundation.
Claire developed the so-called Water Wise Reel Gardening System, a seed-planting system that cuts down water usage by as much as 80% by reducing water leakage into the soil. It also keeps seeds moist, so that they can germinate without using additional water.
reform of water policy and legislation. The National Water Act, 1998 provides the principles for water resource management. The objective of this policy is to manage water resources in an integrated manner that will ensure a healthy, stable water-resource base to meet the current and future needs of South Africa.
The definition of water quality has been extended from the classical microbiological and physicochemical status to encompass a more comprehensive consideration of water resources as dynamic aquatic ecosystems, including indicators such as biotic diversity and the status of riverbank or riparian habitat. Water resource quality provides an indication of the status of water resources and the ability of resources to provide sustained access for use. Recognising that protection and conservation are not goals in themselves, the policy reflects the reality that certain effects are associated with equitable water use.
Water resource management provides a protective framework that is intended to safeguard water resource quality against unsustainable practices, through a system of pollution source controls and resource-protection measures.
abstractions the volumes and minimum quality standards for water containing waste being discharged. Resource-directed measures focus on ecosystems because these provide people with goods and services such as water supply, waste transport, processing and dilution, natural products (e.g. reeds, fish and plants), nature and biodiversity conservation, flood control, recreation, a 'sense of place', and places for religious rituals or spiritual needs. Resource-directed measures are therefore designed to protect the resource to ensure that adequate ecosystems continue to supply people with these goods and services.
A classification system will provide the basis for setting appropriate resource-quality objectives and pollution-source controls for the management of the resource. Water use will be allocated according to the resource class, including the use of certain water resources for disposal of waste discharges. Water resources classified as particularly sensitive or environmentally important will be stringently controlled, with water-use allocations limited to minimise detrimental effects.
While recognising that water resources cannot be protected from all detrimental effects on quality, it is not realistic to seek to prevent all effects on economically important water resources.
In September 2003, the 31st Ordinary Session of the Tripartite Permanent Technical Committee (TPTC) considered a report on the drought situation in the southern Africa region.
The TPTC comprises Swaziland, Mozambique and South Africa.
At the 29th Ordinary Session in December 2002, the TPTC noted the scarcity of water in the Inkomati River Basin and mandated the Inkomati System Operation Task Team to monitor the situation.
declare a situation of drought in the Inkomati River Basin set up a task team to implement measures to manage the use of the waters of the Inkomati River and develop practical measures to mitigate the effects of the drought instruct the task team to, among other things, prioritise the supply of water to priority users and ensure effective management of water in the Inkomati River.
At the 31st Ordinary Session, the Task Team reported that it had visited areas affected by the drought on the Mozambican portion of the River, which resulted in measures being adopted to achieve an adequate flow at the Mozambique/ South Africa border.
South Africa reported at the meeting that to achieve those flows, restrictions of more than 50% of allocations had been imposed on local irrigators.
prevention, recycling and re-use of water. A system of economic incentives will form part of the management approach, through the introduction of the Waste Discharge Charge System (WDCS) in a phased manner intended to foster the use of low-waste or zero-waste technology.
The WDCS will be based on the waste loading discharge by polluters of a particular water resource.
Voluntary as well as mandatory measures for water conservation are intended to ensure that water is used efficiently, as are demanding management strategies, which increasingly form part of water supply, management and development decision-making. The establishment of formal structures for integrated management of water resources at catchment and local level will bring a new dimension to the management of water resource quality. Stronger user representation of all interest groups will ensure equitable allocations among the user groups, as both the costs and benefits of utilising water resources are realised by the stakeholders. Decision-making will be devolved to the appropriate level, allowing those most affected by the decisions to provide primary input through catchmentagency structures.
The National Water Act, 1998 sets out the framework for the management of water resources in South Africa. This framework provides for the establishment of water management institutions, which include Catchment Management Agencies (CMAs) and Water-User Associations (WUAs). The core purpose of CMAs is to ensure the sustainable use of water resources in line with the purpose of the Act, which is underpinned by the principles of equity, efficiency, sustainability and representivity.
The country has been divided into 19 Water Management Areas which will each be managed by a CMA. The Inkomati CMA will be the first to be established in the country, closely followed by an additional three CMAs in the following two years.
The departmental co-ordinating committee, established by the Departments of Water Affairs and Forestry and of Agriculture and Land Affairs, continues to support the plight of emerging farmers. Continued efforts are being made to ensure that these farmers are empowered to establish WUAs and that they function in a sustainable manner.
Numerous Catchment Management Forums have been established nationally to ensure active participation in the management of local water resources so as to acquire optimal social and economic benefits.
These forums ensure that integrated water resource management is implemented. They also play an important role in establishing statutory institutions such as CMAs and WUAs.
During 2002/03, a proposal to establish a CMA in the Inkomati Water Management Area was published for public comment as an important step towards establishing this institution.
In June 2003, the Department of Water Affairs and Forestry announced that a total of 1 577 water and sanitation schemes operated by the Department would be transferred to 84 municipalities.
Some 1 544 departmental schemes valued at R9,95 billion were surveyed before their transfer to local government.
The transfer team comprises the Department of Water Affairs and Forestry, the National Treasury, the Department of Provincial and Local Government and the South African Local Government Association.
The Department's target is to complete all transfers by June 2005, with 90 schemes expected to be transferred in the 2003/04 financial year.
By June 2003, negotiations were under way for the transfer of the 8 094 departmental staff who operated the schemes. Conditional grants (subsidies), which will be phased out by June 2011, will be incorporated into the equitable share allocations to local government.
By June 2003, some 50 Irrigation Boards had been transformed into 25 WUAs. Three Water Boards had been transformed into three WUAs, and eight new WUAs had been established. A further 31 constitutions for WUAs were being evaluated.
The Water Boards were established as serviceproviders that report to the Minister of Water Affairs and Forestry. These Boards manage water services within their supply areas and provide potable water at cost-effective prices.
By March 2003, some 15 Water Boards were in operation.
The Working for Water Programme is a labourintensive initiative to clear invasive alien plants. These introduced species have a negative impact on South Africa's water security, biological diversity, the ecological functioning of natural systems, the productive use of land and the intensities of fires and floods.
The Programme has a marked influence on employment opportunities, training and capacity-building, community empowerment, social development and the creation of secondary industries.
the poor, rural communities, women, the disabled and those living with HIV/AIDS.
The Working for Water Programme is a multidepartmental initiative led by the Departments of Water Affairs and Forestry, of Environmental Affairs and Tourism and of Agriculture. It started in 1995 with a budget of R25 million and has grown into one of government's key poverty-relief-fund initiatives.
The Working for Water Programme hosted its first Inaugural Research Symposium in Cape Town in August 2003.
The Symposium aimed at highlighting ongoing research, while eliciting responses from the broader research community on innovative approaches in dealing with the problem of alien invader plants.
By August 2003, over one million invader plants had been cleared while over 15 million person days of employment had been created.
A collaborative research partnership between Working for Water and the Agricultural Research Council's (ARC) Plant Protection Research Institute to conduct research into the identification and screening of biological agents was expected to be signed in 2003.
In terms of the South African Disaster Management Policy, there is a major move in focus from reactive to preventive disaster management. This will inevitably move the South African flood-management focus from structural to non-structural, such as attaching special value to floodplain zoning and flood warnings.
A number of new projects were and are being undertaken by the Department of Water Affairs and Forestry. Departmental policy ensures that water-demand management programmes are implemented before embarking on new infrastructure development.
One of the most ambitious binational water projects ever to be undertaken is the Lesotho Highlands Water Project between South Africa and Lesotho. The completion of the first phase was celebrated in January 1998. The first phase of the project is composed of 1A and 1B.
The Department of Water Affairs and Forestry/ Unilever WASH Partnership was launched in October 2003.
The WASH Partnership involves delivering safe water and adequate sanitation, and educating people on hygienic practices.
The key message of WASH is that proper handwashing at critical times plays a major role in reducing diseases such as diarrhoea.
Muela. Phase 1B includes the construction of the Mohale Dam and tunnel, and the Matsoku tunnel and weir. The latter was inaugurated in October 2001. By June 2003, the Lesotho Highlands Water Project was progressing well with the Mohale Dam nearly a quarter full.
Planning studies and an environmentalimpact assessment have been compiled on the proposed Skuifraam Dam on the Berg River near Franschhoek in the Western Cape. The Dam was also reviewed against the World Commission on Dams' Guidelines, with satisfactory results.
The Levuvhu Water Scheme will provide nine million people in Limpopo with drinking water. Construction of the Nandoni Dam started in May 1998. The total cost of the project will amount to R750 million. The Scheme will also stabilise the water supply for irrigation, and alleviate water shortages in the Kruger National Park. It will be run by the Department of Water Affairs and Forestry's CWSS Programme while municipalities gain the experience and capacity needed to handle the provision of services.
Progress is being made in the establishment of a commission in the Orange-Senqu Basin between Lesotho, Namibia and South Africa. The country is also engaged in a number of collaborative projects with Mozambique and Swaziland. An interim water-sharing agreement was signed in August 2002 as a first step towards the implementation of full basinmanagement arrangements, as provided for in the Southern African Development Community (SADC) Protocol on Shared Rivers.
The Minister of Water Affairs and Forestry announced during a parliamentary media briefing in February 2003 that the Olifants River would be developed to cope with the increasing water demand generated by platinum-mining developments in Limpopo and Mpumalanga.
During the first phase of the development, the Flag Boshielo Dam, situated on the river near Marble Hall in Mpumalanga, will be raised by 5 m at an estimated cost of R180 million. This will increase its storage capacity from 100 million m3 to 188 million m3, allowing 72 million m3 of water to be used annually, compared with the present 56 million m3. The project is expected to be completed by October 2005.
During the second phase, a large dam will be built, either at Rooipoort, or on the Steelpoort River, a tributary of the Olifants River.
Construction on this phase will start in 2006 and is expected to be completed by 2010. The dam yield will be between 50 and 70 million m3, depending on the final design, and is estimated to cost between R700 and R900 million.
In the interim, the additional water secured by raising the Flag Boshielo Dam will be made available to new mining ventures near Burgersfort in Mpumalanga. This will enable water entitlements, currently leased on a temporary basis by the mining ventures, to be returned to small farmers on the irrigation schemes downstream of the Flag Boshielo Dam, which are being rehabilitated.
Worldwide, 31% of all rainfall returns as run-off to the sea through rivers. In South Africa, with its abundant sunshine and high evaporation rate, the figure is a mere 9%.
The average annual run-off of all South African rivers amounts to approximately 50 billion m3. This is only half the run-off of the Zambezi River and roughly equal to that of the Nile River at Aswan in Egypt or the Rhine River at Rotterdam in the Netherlands. South Africa lies in a drought belt. Rainfall is seasonal and is influenced by topography. The slopes of the eastern plateau, which cover 13% of the surface area of South Africa, account for nearly 43% of the total run-off. The Orange River System, which drains almost the entire plateau - 48% of the total surface area of the country - accounts for only 24% (about 12 060 million m3) of the total average annual run-off to the sea.
Truly perennial rivers (those that flow all year round) are only found over one quarter of South Africa's surface area - mainly in the southern and south-western Cape and on the eastern plateau slopes.
Rivers that flow only during the rainy season are found over a further quarter of the surface area. Rivers in the western interior are episodic, that is, they flow only sporadically after infrequent storms, while their beds are dry for the rest of the year.
Research on river ecosystems is funded by the Water Research Commission (WRC) and the National Research Foundation. (See Chapter 18: Science and technology.
A key objective of the River Health Programme (RHP) is to 'package' and disseminate information on river health in such a way as to serve ecologically sound management of rivers in South Africa, and inform and educate the people of South Africa regarding the health of rivers.
During the past two years, and in collaboration with the Department of Environmental Affairs and Tourism, the WRC and the Council for Scientific and Industrial Research's (CSIR) Environmentek, a new and sophisticated template has been developed for river-health reporting.
provide information to government and agencies for improved decision-making in river management compare environmental performances of different areas increase public awareness of environmental and development issues empower people and organisations to improve their environment and quality of life for themselves and future generations.
(e.g. fish communities, riparian vegetation, aquatic invertebrate fauna) to assess the health of river systems. The rationale for using biological monitoring is that the integrity of the biota inhabiting river ecosystems provides a direct, holistic and integrated measure of the integrity or health of the river as a whole.
The RHP serves as a source of information on the ecological state of ecosystems in the country, in order to support the rational management of these natural resources.
measure, access and report on the ecological state of aquatic ecosystems detect and report on spatial and temporal trends in the ecological state of aqua identify and report on emerging problems regarding aquatic ecosystems ensure that all reports provide relevant scientific and managerial relevant information on aquatic ecosystem management.
Except for Lake Fundudzi, which was formed by a huge landslide in the Soutpansberg in Limpopo, there are no true inland lakes in the country. Coastal 'lakes' are found at Wilderness on the Cape south coast, and at St Lucia, Sibaya and Kosi Bay on the KwaZulu-Natal coast. Although they are seldom without water, Lakes Chrissie and Banagher near Ermelo in Mpumalanga differ little from the innumerable 'pans' to be found in a wide belt from the Northern Cape through the western Free State to the North West.
Groundwater, despite its relatively small contribution to bulk water supply (13%), represents an important and strategic water resource in South Africa.
Owing to the lack of perennial streams in the semi-desert-to-desert parts, two-thirds of South Africa's surface area is largely dependent on groundwater. Although irrigation is the largest user, the supply to more than 300 towns and smaller settlements is also extremely important. Through government's commitment to meeting the basic water needs of communities, groundwater has also become a strategic resource for village water supply in the wetter parts of the country, because of its cost-effectiveness in a widely scattered small-scale-user situation.
Underground water sources also contribute to river flow. This requires reserving a significant part of groundwater resources for the protection of aquatic ecosystems in terms of the National Water Act, 1998. The maximum quantity of groundwater that can be developed economically is estimated at about 6 000 million m3 a year.
A national groundwater mapping programme and the development of a national groundwater information system form part of the new strategy. A number of important secondary maps, such as national exploitation potential, groundwater importance, classification and groundwater pollution-vulnerability maps have also been produced.
Indigenous forests are indispensable to the country's heritage, beauty, wildlife and environment, while commercial forests provide jobs and economic opportunities for many people in the rural areas. Forestry represents a massive investment in the country and plays an important role in the rural-development strategy.
South Africa has developed one of the largest planted forests in the world. Production from these plantations approached 15,1 million m3, valued at almost R11,86 million, in 2001. Together with the processed products, the total industry turnover was approximately R2,7 billion in 2001, including R2,0-billion worth of wood-pulp.
More than 11,8 million tons (pulpwood, mining timber, matchwood and charcoal) and 3,2 million m3 (sawlogs, veneer and poles) were sold in this period.
Collectively, the forestry sector employs about 151 000 people. An equivalent of about 60 000 full-time staff are employed in the primary sector (growing and harvesting), while the balance are employed in the processing industries (sawmilling, pulp and paper, mining timber and poles, and board products).
The organised forest industry claims that each job created within the sector results in four others in supporting industries, through the multiplier effect. The sector thus contributes about 600 000 jobs to the economy.
About half of the 1 100 indigenous tree species found in South Africa grow along the south and east coasts and on the southern and south-eastern slopes of inland mountains. The other half is spread over the interior plateaux.
The yellowwood tree (Podacarpus) is South Africa's national tree. Yellowwood trees can grow to a height of more than 40 m with a girth of 8 m, and can live up to 800 years. The Big Tree near the Storms River Bridge (46 m), the King Edward VII in the Knysna Forest (46 m), and the Eastern Monarch in the Amatola Mountains (44 m) are the best-known giants.
Arbour Day celebrated its 131st anniversary in 2003. Every year, National Arbour Week is celebrated at the beginning of September to encourage the greening of South Africa. Two different Trees of the Year are nominated annually: a common variety and a scarcer, possibly endangered, species. The 2003 Trees of the Year were the Kiaat (Pterocarpus angolensis) and the Red Current (Rhus chirindensis).
In 2003, Arbour Week was celebrated under the theme Trees are our Heritage - Mehlare ke Bohwa Bja rena.
At the launch of National Arbour Week 2003 in Johannesburg, the Minister of Water Affairs and Forestry, Mr Ronnie Kasrils, called on the public to help prevent veld and forest fires.
The Minister also announced at the launch that he had proposed a way forward for saving the Jacaranda tree, by asking the Minister of Agriculture and Land Affairs, Ms Thoko Didiza, to list the tree under Category 2 of the Conservation of Agricultural Resources Act, 1983 (Act 43 of 1983), which means that it will be maintained in a similar way to industrial plantations, but within the boundaries of South African cities. In addition, research is being developed with government funding to develop an infertile seed, so that Jacarandas will not be able to propagate themselves.
The Jacaranda was previously listed as a prohibited tree.
The Department of Water Affairs and Forestry is pursuing a reform programme in the forestry sector which will eventually see the Government leasing all State-owned forest land to private-sector operators.
The Department will thus move from the management of plantations towards promoting, regulating and developing the forest industry.
South Africa's relationship with SADC members, and bilateral relations with countries beyond the SADC.
sustainable forest development forests and forest resources are to be treated as national assets democratisation gender equity people-driven development recognition of the scarcity of water resources a competitive and value-adding forest sector decent employment conditions. The overall goal of the Department is to promote a thriving forestry sector, to be utilised for the lasting benefit of the nation, and developed and managed to protect the environment.
The Department of Water Affairs and Forestry has been involved in a strategic transformation and restructuring process during the past two years. To this end, the forestry division has been restructured into two main functional areas, namely Forestry Operations and Policy and Regulation.
Participatory Forestry is responsible for providing assistance, advocacy and promoting and formulating programmes and guidelines for the implementation of participative forestry to serve the livelihoods of poor, rural and marginalised urban communities, in terms of using indigenous forests, exotic plantations and associated resources.
Forestry Regulation is responsible for ensuring effective regulation under the National Forest Act, 1998 (Act 84 of 1998), and the National Veld and Forest Fire Act, 1998 (Act 101 of 1998), including overseeing the management of State forests by commercial entities and/or public bodies.
Forestry Transfers co-ordinates and supports the Department's regional operations in transferring the management of commercial plantations (as well as indigenous forests) to other private (or public) institutions.
Forestry Support co-ordinates and monitors the operations of the regional clusters in line with the Department's forestry policy, and co-ordinates the implementation of national forestry programmes.
Late in 2001, the remaining 22 800 hectares (ha) of forest plantation in the KwaZulu-Natal package was sold to the Siyaqhubeka Consortium comprising Mondi Ltd and Imbokodvo Lemabalabala, a black empowerment company representing communities living near the forest plantations. This area was sold for R100 million in addition to the lease rentals, which were valued at R48 million.
Late in 2001, the Eastern Cape North package (57 000 ha) was sold for R45 million to Singisi Forest Products, which is a consortium involving Hans Merensky Holdings and community groups living in the areas adjacent to the forest. The involvement of the communities has been facilitated by the Eastern Cape Development Corporation.
The largest package to be put out to tender in the restructuring process was the Komatiland Forests package.
The bid price was R446 million, or R335 million for 75%. The Department of Public Enterprises announced the shortlisted bidders in May 2003. The preferred bidder was expected to be announced in December 2003. Komatiland operates 20 plantations that occupy approximately 129 000 ha in Mpumalanga, Limpopo and KwaZulu-Natal. It also operates two sawmills, a veneer-slicing plant and an export facility in Richards Bay.
The Eastern Cape South package, consisting of approximately 15 000 ha of forests, has been offered for sale.
commercial forest operations and sawmills in the Western and southern Cape have been restructured into a single package and transferred to a specialpurpose vehicle company called Mountain to Oceans (MTO) Forestry (Pty) Ltd.
Forestry will be phased out on 12 000 ha, on the eastern and western shores of Lake St Lucia. Of the area to be phased out, SAFCOL will clear-fell about 6 600 ha over the next five years. The land will be transferred to the Greater St Lucia Wetland Authority and will be incorporated into the conservation area falling under the World Heritage Site. This will encourage tourism investment through the Lubombo Spatial Development Initiative.
Forestry operations will be phased out on 15 000 ha in the Boland area of the Western Cape and 30 000 ha in the southern Cape currently managed by SAFCOL. These plantations are not commercially viable and timber no longer represents the best landuse option in these areas. This will open up opportunities for other land uses including agriculture (particularly fruit and grapes), tourism and conservation. The process of conversion will be carefully managed over a period of 10 to 15 years.
With the conclusion of the Singisi and Siyaqhubeka deals by the beginning of 2002, SAFCOL's plantation area stood at 179 000 ha, and that of the Department of Water Affairs and Forestry at 158 000 ha.
The latter area will gradually reduce as the Department's title deeds are transferred into SAFCOL's name. As part of the restructuring process, the Department's plantations were split into category A, B and C plantations. The category A plantations were regarded as being commercially viable and were amalgamated into the SAFCOL plantation packages. No final decision has however been taken regarding the future of the category B and C plantations which are regarded as being non-commercially viable.
The remaining forestry areas (3 000 ha in the Western Cape and 30 000 ha in the southern Cape) will continue to be operated on a sustainable basis. Negotiations are under way with a preferred bidder, Cape Timber Resources (CTR) (Pty) Ltd.
The Department agreed in March 2003 to transfer management control over the Tokai and Cecilia State Forests situated within the area, for the establishment of the Cape Peninsula National Park. The forestry operations will be managed by MTO, and South African National Parks (SanParks) will manage the recreation and conservation functions.
SanParks will continue to accommodate MTO's commercial forestry activities, but will manage the plantations on a multiple use and sustainable basis within a broader conservation framework. The parties will work on a detailed agreement, which will involve the Departments of Water Affairs and Forestry and of Environmental Affairs and Tourism, the MTO, and the Cape Peninsula National Park.
As with the lease agreements for other State forests in the Cape, MTO will retain access to the timber-producing sections of the two plantations for the next 70 years. Conservation and commercial timber production will therefore co-exist on the same area, managed in an integrated and mutually beneficial manner by a single management authority.
By mid-2003, the process of transferring indigenous forests in the Knysna/Tsitsikamma area to SanParks was at an advanced stage of negotiations. Both the process of arriving at an appropriate legal mechanism for the transfer and negotiations for the transfer of employees are at an advanced stage. In terms of the legal mechanism agreed on, the Department of Water Affairs and Forestry will transfer to SanParks through a delegation agreement provided in Section 547 of the National Forests Act, 1998. This will ensure that SanParks will manage the area according to all the provisions of the National Forests Act, 1998.
SAFCOL, a wholly-owned State enterprise comprising the Department of Water Affairs and Forestry's forestry assets at the time, was formed in 1992.
Its objectives were to enhance the development of the local forestry industry and to optimise the State's forestry assets through running the business on accepted commercial management practices and sustainable forestry-management principles. At the time of its creation, SAFCOL managed 256 000 ha of world-class softwood sawlog plantations, and six small sawmills and pole-treating plants. Its annual roundwood production of 3,3 million m3 represented a significant contribution to the industry's total output and provided the sawmilling industry with 75% of its fibre requirements.
The decision by government to restructure its forestry assets, not just those managed by the Department of Water Affairs and Forestry, but also those managed by SAFCOL, has had a marked impact on the company since 2001. Two special-purpose vehicles to assist in the restructuring process were formed, namely MTO and Komatiland Forests in Mpumalanga.
Once the process is complete, SAFCOL will remain in existence, its task being to manage the removal of plantations from commercial production.
With all the assets of SAFCOL expected to be sold by 31 March 2004, the company will remain as a holding company of the minority interests in the privatised entities, on behalf of government, its shareholder.
The industry was a net exporter to the value of over R5,7 billion in 2002, more than 97% of which was in the form of converted valueadded products. This trade surplus represented 26,4% of the country's entire trade surplus of R4,2 billion in 2002.
The forest-products industry ranks among the top exporting industries in the country, having contributed 3,58% to the total exports and 1,99% of total imports in 2002.
Capital investment in the industry amounted to some R17,8 billion in 2002. Investment totalled R16,3 billion in 2001 and R9,7 billion in 1999.
The value of forest-product exports has grown significantly over the past decade, from R2,3 billion in 1992 to R11,2 billion in 2002, a growth of 379%. In real terms (taking inflation into account), this growth was 129%, or a compounded real growth of 7,8% per annum over that period. As imports did not increase to the same extent as exports, the net trade balance in foreign trade in forest products increased even more, by 523% in nominal terms (198% in real terms) to R5,6 billion in 2002.
In 2002, paper exports were the most important (R4,254 billion or 38% of the total), followed by solid wood products (R3,780 billion or 34% of the total), pulp (R2,894 billion or 26% of the total), and other products (R0,275 billion or 2% of the total). Woodchip exports, which are exported mainly to Japan, accounted for 52% (R1,964 billion) of the total solid wood products exports.
Total sales from primary processing plants in 2001 amounted to some R11,9 billion. However, when the value of paper sales are included (this is a secondary processing activity), this figure increases to R22 billion.
In 2001, the forestry industry contributed 8,7% to agricultural Gross Domestic Product (GDP), and the forest products industry contributed 7,1% of the country's manufacturing GDP. The total contribution to the entire South African GDP in that year amounted to 1,2%.
Stringent environmental codes of practice are implemented in all plantation and processing activities. The Chief Directorate: Forestry of the Department of Water Affairs and Forestry promotes optimal development of forestry and arboriculture in South Africa.
The National Forests Advisory Council (NFAC) was established in terms of the National Forests Act, 1998. It advises the Minister of Water Affairs and Forestry on all aspects of forestry in the country. The NFAC is actively involved in developing local criteria, indicators and standards for SFM and makes recommendations on how public access to State-owned forests can be improved.
The commercial forestry industry in South Africa is committed to practising SFM and is a world leader in forest certification. This is demonstrated by the fact that over 1 million ha, or over three-quarters of the entire area of commercial forestry plantations in South Africa, are currently certified by the Forest Stewardship Council (FSC) and the ISO 14001 certification schemes as being sustainably managed.
South Africa now has one of the largest areas of FSC-certified plantations of any country in the world. This is a remarkable achievement considering that there were no certified plantations in 1996. Although not all these forests are owned by the large forestry companies, the rapid expansion in this certified area has been facilitated by the fact that all these large companies have their own specialist environmental departments which ensure, among other things, that their land is managed according to their own stringent environmental codes of practice. To promote transparency, members of the public are invited to join company staff when these regular audits are done.
There has also been a large increase in the number of non-corporate growers who have become certified. This has been for a number of reasons, among others, the acceptance by the FSC of 'group-certification schemes' and the availability of local FSC auditors, both of which have reduced the cost of certification considerably. Another development has been the recent accreditation of the South African Bureau of Standards by the FSC to conduct farm management unit-certification audits on their behalf.
As part of its commitment to the practice of SFM, the forestry industry is also involved in the NFAC's Committee for SFM, whose primary responsibility it is to develop criteria, indicators and standards for SFM, tailored to meet South Africa's specific conditions.
The Institute of Natural Resources, which was contracted by the Committee for SFM to develop these criteria has, after an extensive consultative process, developed a draft set which is to be tested infield. The industry is fully supportive of this process and has invited the Department to test the criteria in its plantations.
Through the Forestry Industry Environmental Committee, a set of environmental guidelines was published in 1995 to encourage and facilitate timber growers to practise SFM through the implementation of best environmental practices.
These guidelines were not only highly acclaimed, but widely used both within South Africa and abroad. A second updated, and far more comprehensive and user-friendly edition of the guidelines was published in July 2002. These are being used by the certification agents for the auditing of the physical environment component of their FSC audits.
The indigenous forests of the southern Cape received FSC certification, which is a first for the continent for high forests. This is a major step towards the sustainable management of the country's natural forests.
The restructuring of the forestry sector is supported by the National Forests Act, 1998 and the National Veld and Forest Fire Act, 1998.
The National Forests Act, 1998 provides a framework for the development of principles, criteria, indicators and standards for SFM. The criteria, indicators and standards that are being developed for SFM are currently being piloted for testing.
The Act ensures that the public has reasonable access to State forest land for recreational, cultural, spiritual and educational purposes. In addition, provision is made for the protection of indigenous forests, as well as support for community forestry.
The National Veld and Forest Fire Act, 1998 bans open-air fires when the risk of veld blazes in an area is high. It also introduces the concept of voluntary fire-protection associations formed by landowners. It furthermore obliges the Minister of Water Affairs and Forestry to operate a national fire-rating system in consultation with the South African Weather Service and fire associations. The Act also allows the Minister to impose minimum fire-fighting requirements on landowners.
There are approximately 530 000 ha of indigenous high forest in South Africa, amounting to about 0,45% of the country's land surface.
The Department is responsible for the management of between 180 000 ha and 200 000 ha of these forests, which occur mainly on the eastern and southern slopes of mountain ranges from the Soutpansberg in Limpopo to the Cape Peninsula in the Western Cape.
High forest is normally found in isolated pockets, varying in size from only a few hectares to several thousand hectares.
The largest area of high forest (36 000 ha) lies within a strip some 220 km long and 26 km wide between the Outeniqua and Tsitsikamma Mountain Ranges and the sea, extending from Mossel Bay in the Western Cape, through Knysna, to the Humansdorp district in the Eastern Cape. High forest occurs mainly in patches in mountain kloofs. In the Eastern Cape, indigenous forests occur along the coast and on the Amatola and Transkei Mountain Ranges.
Forests in KwaZulu-Natal and the former Transkei area of the Eastern Cape are generally small, and those that are easily accessible have been heavily exploited in the past.
Although similar in composition to those of the Keiskamma area, these forests also include some of the tropical tree species from the northern parts of South Africa.
In Mpumalanga and Limpopo, high forest occurs in patches in the mountain ranges along the eastern edge of the Highveld plateau, while the largest areas are in the Woodbush and Soutpansberg Ranges.
The single largest part of the indigenous high forest (about 15%) is managed by the Chief Directorate: Forestry according to certain multiple-use objectives.
Systematic timber harvesting occurs in areas of the production management class. Harvesting is concentrated on overmature trees, with logs being sold by tender and/or on public auction. On average, 3 750 m3 of round logs are harvested annually (150 m3 of stinkwood, 750 m3 of yellowwood, 2 500 m3 of Australian blackwood and 350 of other m3 species). Timber harvesting in Knysna amounts to 2 600 . Another valuable m3 product of the indigenous forests of South Africa is the seven-week fern (Rumohra adiantiformis), which is harvested in the Knysna and Tsitsikamma Forests.
This vegetation covers extensive areas in the low-lying, drier areas of Limpopo, KwaZulu-Natal and Mpumalanga. Some areas of savanna and woodlands have been denuded for agriculture and firewood. Most tree species of the scrub forests and woodlands grow slowly and do not reach great heights. The woodlands are, however, a valuable source of fuel, fencing material and other products. They provide protection for the soil, and shelter and fodder for livestock. The tree growth along much of the coast is classified as coastal scrub, with the exception of patches of high forest at Alexandria and along the Eastern Cape coast.
During the 1930s, government started to establish extensive plantations to make South Africa self-sufficient in its timber requirements, and to provide more job opportunities in a diversified economy during the depression years. Commercial plantations of exotic species proved to be a sound investment and the private sector established large plantations of pine, eucalyptus and wattle trees.
The private sector owns 971 098 ha (or 72%) of the total plantation area of 1 351 176 ha as well as virtually all the processing plants in the country. The remaining 28% (380 663 ha) is under public ownership. The extent of public ownership will decrease significantly once the restructuring process is complete.
In 2002, the capital investment in these plantations stood at R15 billion, 55% of which is attributable to investment in trees. A further 23,3% was tied up in land, 13% in roads, 7,2% in fixed assets and 1,4% in machinery and equipment.
The forestry industry is promoting rural development and economic empowerment through a small-grower afforestation programme. Currently, there are more than 20 000 small emerging black timber growers, the vast majority of whom operate through schemes run under the auspices of Sappi Forests (Project Grow), Mondi Forests (Khulanathi) and the Wattle Growers Association. Combined, these growers, most of whom are women, cultivate 48 000 ha of plantations.
Of the 1 351 176 ha of plantations in 2001, 52% were softwood species and 48% hardwood species. Thirty-seven per cent of the plantation area was managed mainly for saw-log production, 56% for pulpwood and 4% for mining timber, while the balance of 3% was grown for the production of poles, matchwood (poplar) and other minor products. Plantation yields vary from an average of 16 m3 per ha per annum for softwood, to 21 m3 per ha per annum for eucalyptus and 10 m3 per ha per annum for wattle (timber and bark). Likewise, the rotation ages vary from a maximum of 30 years in the case of pine saw-logs, to six to 10 years in the case of eucalyptus pulp and mining timber. The production from plantations amounted to some 16,6 million m3 in 2001.
South Africa currently has 167 primary woodprocessing plants, 161 of which are owned by the private sector and only six of which are owned by local and State authorities. Of these, some 92 are sawmills; 14 mining-timber sawmills; 29 pole-treating plants; 17 pulp, paper and board mills; two match factories, and four charcoal plants. The total roundwood intake in 2001 was 16,7 million m3 valued at R2,7 billion. The value of sales of timber products produced by these primary processing plants totalled R11 867 million. An amount of some R17,8 billion was invested in primary roundwood-processing plants (at book value). At market value, this increased to an estimated R25 billion.
The two main pulp-and-paper manufacturing companies in South Africa, Sappi and Mondi, rank among the largest in the southern hemisphere and own assets in many parts of the world.
South Africa has world-class forestry-research infrastructures and personnel, with almost 2% of the forestry industry turnover (private and public sectors) devoted to research. The priority fields of research include tree-breeding through applied silviculture, climate and soils, environmental impact and management solutions, forest biology, hydrology and forest protection.
Forestry research is mainly undertaken by the Institute for Commercial Forestry Research, Environmentek (CSIR), the University of Stellenbosch, the Plant Protection Research Institute of the ARC, the Forestry and Agricultural Biotechnology Institute at the University of Pretoria, the University of Natal (Pietermaritzburg), and the Port Elizabeth University of Technology (Technikon), George (Saasveld Campus). All major forestry companies also undertake in-house applied research.
Degrees in forestry are offered by the Faculty of Agricultural and Forestry Sciences at the University of Stellenbosch, the University of Natal (Pietermaritzburg) and the University of Venda. Diplomas and limited degree courses in forestry disciplines are also offered at the Port Elizabeth University of Technology, George (Saasveld Campus). The Natal University of Technology offers a diploma in Pulp and Paper Technology. The Fort Cox College of Agriculture and Forestry offers a diploma in social forestry.
Skills training is provided by a number of industry-sponsored and in-house training centres. Industry-sponsored bursaries are available, as are company-sponsored bursaries for study at these institutions.
According to the White Paper on Sustainable Forest Development in South Africa, community forestry is designed and applied to meet local social, household and environmental needs and to favour local economic development. It is implemented by communities or with the participation of communities, and includes tree-centered projects in urban and rural areas, woodlots and woodland management by communities and individuals. Community forestry has gained impetus through more focused core functions, particularly in urban greening and forest enterprise development.
Participatory Forest Management (PFM) in the Department of Water Affairs and Forestry has emerged as an integrated approach that contributes to achieving the goal of the SFM of South African forests.
Elements of PFM were initially developed for indigenous State forests, but the aim is to use PFM as an approach for the management of all forest types where feasible (indigenous forests, plantations, woodlots and woodlands) and different types of ownership and management (State, provincial, communal, private and community) exist.
The PFM Policy covers all forest resources in South Africa that are under the jurisdiction of the National Forests Act, 1998. For forest land under State ownership, custodians are requested to adhere to the principles of SFM, including the PFM Policy.
The PFM Policy involves keeping in line with and supporting other policy developments on local economic development, the protection and management of natural resources and biological diversity, transfer of management of government assets, forest-enterprise development, and support for previously disadvantaged individuals and the constitutional rights of all South Africans.
The more detailed approach and priorities for the actual implementation of PFM are guided by the forthcoming strategies for PFM and for Forest Enterprise Development.
the best practice for the management of all State forests a key element in the management of the State-owned commercial plantations managed under a private lease part of the scope for forest enterprise development implemented with communities in the management of woodlots and woodlands.
Policy and Strategy for Management Devolution of State Natural Forests to other Agents.
FTFA is the sub-Saharan African partner of the International Global Releaf greening organisation.
In 2003, the FTFA trained some 637 community and government representatives, planted 29 398 trees with a survival rate of more than 80%, and facilitated some 34 urban greening projects in the greater Johannesburg area.
The Urban Greening Fund is managed by the FTFA, the Departments of Water Affairs and Forestry and of Agriculture, and the Institute of Environment and Recreation Management. It was set up with donor funds, which included R1,2 million from the Department of Water Affairs and Forestry.
It is a collective fund that supports partnerships aimed at sustainable development through tree planting, parks and food gardening projects and environmental education.
Organisations, companies and individuals can contribute to the Fund to help disadvantaged South Africans to create a greener, healthier and more secure food life.
EduPlant, the national schools programme funded by the Eskom Development Foundation, contributes to the upliftment of schools throughout South Africa by assisting disadvantaged schools to grow their own food. EduPlant provides greener environments conducive to learning. It focuses on permaculture and has received a R2-million grant from the Department of Water Affairs and Forestry.
Water Research Commission www.gov.za www.trees.org.
Bate, R. and Tren, T. The Cost of Free Water. Johannesburg: Free Market Foundation, 2002.
Davies, B.R. and Day, J. Vanishing Waters. Cape Town: University of Cape Town Press, 1998.
Keith, P. and Coates Palgrave, M. Everyone's Guide to Trees of South Africa. 4th revised ed.
McCullum, H. ed. Biodiversity of Indigenous Forests and Woodlands in South Africa. Maseru: Southern African Development Community/International Union for the Conservation of Nature and Natural Resources/Southern African Research and Documentation Centre, 2000.
Van Wyk, B. and Van Wyk, P. Field Guide to the Trees of Southern Africa. Cape Town: Struik, 1997. Venter, F. and Venter, J. Making the Most of Indigenous Trees. Pretoria: Briza Publications, 1999.
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The Honourable Premier Hon. Speaker and Madam Deputy Speaker of the Legislature Hon. Members of the Executive Hon. Members of the Provincial Legislature Hon. Chairperson of the House of Traditional Leaders Hospital Boards and Clinic Committees Health and Medical Associations Leaders of the Organised Labour in the Health Sector Leaders of the Non-Governmental Sector and Organised Faith Based Organizations The Superintendent General and the Senior and Executive Management Team of the Department Fellow South Africans.
In the few months that I have been at the helm of the Eastern Cape Department of Health, I have experienced the following issues, which in their nature are not surmountable.
the management of the department has grown alarmingly over the years upstaging the clinicians and health professionals who deliver on the core business of the department.
the management structure that sits at head office and is disconnected from the institutions it is supposed to be servicing.
some hospitals in the eastern part of the Province are in a dilapidated state, walls are dirty, water pipes are leaking, roofs are leaking, and these conditions do not present themselves as places of healing, care and wellness.
under-spending on our infrastructure grant which really amazes me because we should be spending all our allocation that has been made available to the Department.
high levels of corruption and fraud, stealing of medicines at our health facilities.
Shortages of food, drugs as well as medicines are prevalent in some institutions.
Despite these conditions, the contrasting picture in some health facilities is commendable because doctors, nurses and general workers go about their business with zest. I was also impressed with the number of nurses that graduated from Lilitha College of Nursing, the pioneering Clinical Associates from Walter Sisulu University and the doctors from other Tertiary institutions.
Lately though the department has been embroiled once again in an unfortunate baby death episode. I would have thought that with all the advances in medicine and technology, something of this sort would be avoided. It is such a sad chapter and a blot in the life of the Health Department, more so when it occurs in the same complex not once and is a source of grave concern. My sincere condolences go to the families that lost their infants.
Hon. Speaker and Members of this august house, as I stand here, I am proud and confident to pronounce that winds of change are going to be sweeping at the Department of health. We are going to facilitate a new sense of purpose, responsibility and accountability throughout the entire Provincial Health Care System. A collective resolve and common vision for all of us at the Department of Health is to improve the health needs of the people of this Province. Those who are not prepared to work with us with urgency and speed, will have to give us the space to ensure that we deliver on the promise of the African National Congress which to make Health the Priority of this Government.
Taking cognizance of the available funding, for 2011/12 financial year, this Policy Speech has been developed and informed by Medium-Term Strategic Framework; the National Health System's 10-point plan; the recent ANC, NEC & PEC Lekgotla Resolutions; State of the Nation address by the President of the Republic; the recent Provincial Executive Council Lekgotla Resolutions on Service Delivery Improvements including the Provincial Government Programmme of Action as well as the Hon. Premier's State of the Province address.
In addition, the speech is informed and will direct the implementation of the department's strategic objectives and policy imperatives which are based on the primary healthcare (PHC) approach, with more emphasis on promotive and preventive instead of curative healthcare. It is important to note that decentralization of decision making processes to the lowest level is part of this PHC approach.
Reduce morbidity and mortality due to communicable diseases and noncommunicable illnesses and conditions by implementing high impact strategies to improve prevention, detection, management and support of communicable diseases and non-communicable illnesses and conditions at all levels of care.
Hon. Speaker and Hon. Members as I have alluded above, we are going to facilitate a new sense of purpose, responsibility and accountability and we have indeed presented a Turnaround Strategy of the Departments during the Exco Lekgotla. The key critical issues that we also presented centered around the following:a The Provincial Readiness of the Department to engage with all the Process of the NHI.
The Revitalization of the Provincial Health System including finalization of the Provincialization of Provincial State-Aided Hospitals and the Devolution of Environmental Health Services.
Finalization of Organizational Restructuring.
Clear focus on the Primary Health Care as a foundation for Provincial Health Care service delivery.
Correction of the HROPT outcomes.
Strengthening of intergovernmental cooperation.
Exploration of Revenue Generation and Retention.
These matters are further explained in the Policy Outlook for the coming financial year 2011/12.
Before we present our 2011/12 Policy Outlook, Hon. Speaker and members of the House, it is important to report that the department opened 5 clinics and 3 hospitals this year which is the commitment of the Ruling Party to improve access to health care, especially to our communities in rural areas. These projects are the Settlers Hospital in Grahamstown; the Revitalized Uitenhage Hospital; and the Accident & Emergency Unit in Port Elizabeth. The clinics are Mangalane in Mt Fletcher; Ngxasa clinic in Maclear; Agnes Rest in Lady Frere; Kotyana in Elliotdale; and Bengu clinic in Tsomo.
The Department procured 169 ambulances and 45 Patient Transport Vehicles, and these have been fitted with tracking computerized system to ensure effective use of these assets. This will indeed increase our response time to emergency scene to save the lives of our communities.
Following the President's Statement on the 1st December 2009, the government has put in place the HIV Counseling & Testing Campaign. On the 30th April 2010 we launched this campaign at Flagstaff, and soon after all the other districts followed with their own launches. Our Provincial target is 2 million for people to be tested by June 2011, and we are happy to report that a total of 764 000 people have tested in the province by the end of January 2011.
The fundamental thrust of this campaign is to ensure that all South Africans should know their status so that the scourge of the HIV and AIDS is managed from an informed base. The department has recorded 135 000 people who are on ARVs in the same period. We will engage the Hon. Speaker with a request to conduct the HCT campaign here at the Legislature, so that all the Hon. Members of this House are also counseled and tested accordingly, of course with their consent.
Hon. Speaker I will deal now with the Policy Imperatives for the oncoming financial year.
3.1 Implementation of Primary Health Care and Building Social Compact with communities through Health Promotion and Healthy Life Style living.
Hon. Speaker and Members of the House, the provision of primary health care services is the cornerstone and a fundamental philosophy of health service, especially the district health system. Our strategy to Revitalize the PHC is to strengthen PHC at community level and provide the necessary foundational basis for our future health system. The role of Community Health Workers will be re-visited to give them more scope and role to play in this initiative.
The Department will further develop multi-stakeholder participation processes to stimulate our communities to take greater responsibility for their own health, with the emphasis on prevention of ill-health. We shall further mobilize individuals, families and communities through community engagements and outreach programmes to take greater responsibility for their own health. Our communities will be encouraged to come up with practical projects to address their own health care without abdicating our responsibilities towards health access.
Hon. Speaker and Hon. Members of the House, we would like to report and indicate that the provincialization of 19 out of 26 municipalities have been done and the first phase of the exercise included the verification of Human Resources, Asset data collection and verification; the signing of transfer agreements and transfer of staff. The second phase of taking over of buildings and other equipment will be negotiated in 2011-12 financial year.
The Nelson Mandela Bay Municipality as a metro and Buffalo City Municipality are under negotiation to have Primary Health Care services assigned to them with a memorandum of agreement pending the final decision of the National Health Council. A budget amount of R2 963, 423m has been set aside for this policy imperative.
3.2 Implementation of Priority Health Programmes, HIV and AIDS, TB Control Programme; MCWH.
Hon. Speaker, our Life Expectancy is decreasing due to the HIV&AIDS and TB dual epidemics as well as emerging non-communicable diseases like Diabetes and hypertension. Lately these conditions are increasingly contributing to an increase in percentages of morbidity and mortality within the Province.
HIV and AIDS Programme.
With regards the HIV and AIDS, we are rolling out our HCT Campaign and building more capacity to achieve the set target of 2 million in the whole province by June 2011. Working closely with Eastern Cape Aids Council and other partners, the department seeks to increase testing sites as well as testing rate. In the new financial year additional nurse retirees will be recruited to conduct outreach campaign in the taxi ranks and other areas where people congregate in large numbers; 190 lay counselors will be trained for door-to-door coverage. Besides the HCT benefits (be responsible and know your status), the visit benefits include screening for TB, hypertension, diabetes and other non-communicable conditions.
In the ARV Program we will increase the sites from the current 264 to 420, and increase patients on ARVs from the current 135 000 to 215 000 in the new year. The plan includes training more nurses on Nurse Initiated Management of ART (NIMART) Program to achieve 2 nurses per site coverage. We will continue to sustain the current 98% coverage on the PMTCT Program. The Department has therefore budgeted an amount of R 884, 376m which has increased by 12.06% from the previous allocation of R 789,196m.
In terms of the TB Control Program the department is ensuring that the TB Infection Control measures are implemented in all the facilities to minimize cross-infection not only among other patients but also to our staff. The plan is to ensure 60% of our TB facilities have proper ventilation facilities. The Jose Pearson TB Hospital will be getting a 40 bedded unit and the Marjorie Parish TB Hospital 32 bedded unit to address crowding and infection control while Empilweni TB Hospital is being upgraded. These projects will be finalized in the new financial year.
A focus will be on the integration of services with HIV and AIDS to manage coinfection, the management of MDR/XDR TB to ensure better health outcomes. This will include improved early detection of the disease, and up-scaling of Directly Observed Treatment Short-course (DOTS). This is to ensure that patients complete their treatment and do not default, which can result in an escalation of their infection to MDR/XDR TB, which is harder and more expensive to treat.
It is crucial for Hon. Members of the House to understand that to treat a simple TB patient cost R 600, 00 per month, yet a MDR costs R 1 500, 00 per month, whilst an XDR Tb patient costs R 2 500 per month.
Hon. Speaker, the department is to implement the Community Based management for the MDR-TB and re-treatment of patients. This intervention will improve access to services as early diagnosis of patients and early initiation of treatment, will reduce the spread of disease to community members. The intervention is currently implemented at Amathole, Nelson Mandela Metro and O.R. Tambo Districts. Resources will be made available in the 2011/12 financial year to strengthen this intervention.
The department will implement this intervention in partnership with various NGO's like Italian Corporation;TB/HIV Care Association, USAID TB Project and others. Hon. Speaker and members of the House, the department will be commemorating the World Tb Day on the 24th of March 2010, which will be held at O.R. Tambo District.
handing over the GeneXpert, at OR Tambo District, which is a new machine that will reduce the turnaround time of the sputum results from 48hrs to 2 hours.
a press conference at OR Tambo to communicate the TB/HIV statistics.
Household visits by the top management of the Department.
All these endeavors, Hon. Speaker are to improve the Provincial Tb cure rate to achieve a target rate of 70% by the end of 2011/12 financial year from 65% in 2010/11. A budget amount of R361 204 000.00 has been set aside for this policy priority.
The Saving Mothers Saving Babies Program is one of our critical focal point to reduce maternal and baby deaths. This will be based on building a strong and functional Basic Antenatal Care (BANC), sustainable PMTCT Program, and a strong campaign to have mothers delivering in our facilities. To meet the needs of mothers with complicated pregnancies from distant and inaccessible areas, we have built maternal awaiting homes normally referred to as half-way houses.
We have put in place a drive to recruit specialists (for maternity, pediatrics, neonatal and anesthetist) to build and sustain the required capacity in our under resourced areas through the implementation of outreach and in-reach programmes. 72 school nurses for the school health services will be recruited this financial year in order to strengthen the implementation of School Health Services within the Province.
As part of strengthening accountability and reporting within this area, all our District Hospitals will be compelled to implement the National Committee on Confidential Enquiries into Maternal Death's10 recommendations and report on the progress they are making. Hon. Speaker and Members of the House, I cannot afford and allow seeing, nor hearing about the number of babies and mothers dying in our hospitals when we have ten clear recommendations to implement in order to mitigate these mortalities and morbidities.
A budget amount of R96, 513m inclusive of the integrated nutrition programme and the mother, child, and woman's health service has been set aside for this policy priority.
3.3 Investing in human resources for health to achieve the desired health outcomes.
Hon. Speaker, the provision of health care services requires a massive investment in the training and development of Health Professionals. This further requires increasing human resources capacity by recruiting the required personnel and increasing production of our nursing personnel. It is also our intention that we create the necessary balance between health professionals and administration personnel.
As previously indicated, the department is heightening its march towards the revitalization primary health care services. Considerable amounts of work including the planning of services, the referral system, re-organization of clinical support services e.g. the Pharmaceutical Benefit Plan, etc. will require a number of human resources to realize the strategy of revitalizing the primary health care services. The Department, Hon. Speaker is in the process of re-aligning the organization structure of the department so that form would follow function based on the 80 - 20 principle where 80% would be health professionals and 20% administration and support functions.
The challenges associated with the HROPT are going to be addressed as per the resolutions of the recent Exco Lekgotla. We have also noted the arrest of certain doctors who were allegedly not having the required qualifications to work, but are serving at our Health Facilities. The department will strengthen its systems of recruiting foreign doctors to ensure that they meet the required standards and protocols as set by the Government and Health Professional Council of South Africa.
Given the challenges that I have alluded above, it is our policy imperative to continue recruiting students from the disadvantaged communities for training as community health workers, nurses and emergency medical services recruits and other health professionals. Bursaries will be provided to assist with the recruitment of health professional staff including doctors, pharmacists and therapists. Part of the social compact we are developing with our communities, deserving students will be identified and selected by communities to receive a bursary from the department. Such students will sign a contract with their communities to service and work for a number of period as part of ploughing and contributing back to their communities. The department will fund a total of 305 bursaries to the value of R98 485, 321m for the new financial year.
We also have the responsibility of creating decent jobs for our people as the President has called upon on all of us and the department in this regard will the prioritize a total of 350 critical health professional posts to be filled by July 2011. In addition to this, with the implementation of our infrastructure programme driven by different agencies, we will monitor and report on the number of people employed by companies that are working behalf of the Department. A Job Register will be developed to record all employment opportunities created for our people in the province.
The Functionality and Effectiveness of all Health Facilities including Pharmaceutical Depots, EMS Metro Centres and Forensic Mortuaries.
Hon. Speaker, my experience during the interaction and visit to a number of Hospitals -suggest that these institutions of ours are not optimally functional and effective. Regardless of these challenges, most of the managers are trying their best; however, we do expect them to do more.
In order to address this lack of functionality of our institutions, the Department will implement a comprehensive programme to assist and make Health Facilities (District, Provincial and Specialized Hospitals), Pharmaceutical Depots, the EMS Metro Centers and Forensic Mortuaries functional and effective.
Our policy imperatives, Hon. Speaker is to ensure that all these institutions are managed and perform as functional and effective organizations that have a responsibility of providing health care to our communities and patients. We will urgently look at among other things, the leadership and administrative management of these institutions and decide whether sufficient capacity exist to lead, manage and supervise these institutions.
Hon. Speaker, the National Department of Health has developed a set of National Core Standards which provides guidance in order to improve the effective management of health facilities throughout the country. The main purpose of these National Core Standards is to develop a common definition of quality of care, which should be found in all health establishments in South Africa as a guide to the public and managers and staff at all levels.
The Department will facilitate the implementation and institutionalization of these Core Standards at all health facilities, with a special focus on the Patient Rights; Patient Safety, Clinical Governance and Clinical Care; Clinical Support Services; Public Health; Leadership and Governance; Operational Management; and Facilities and Infrastructure Management.
A budget amount of R36m has been made available for this exercise. At the end, Hon. Speaker, we should be able to point at a number of Health Facilities and conclude that such Health Facilities are functional and effective and are ready for the implementation of the National Health Insurance (NHI) by 2013/14.
Hon. Speaker, the Exco resolved that the matter of provincialization of provincial aided hospital be addressed as a matter of extreme urgency. To-date we are proud to announce that by the end of February 2011 thirteen Provincial Aided Hospitals have since joined the department with their formidable numbers and nineteen municipalities have relinquished their agency function of the primary health care. The exercise has been concluded with minor hiccups which were resolved without outside interference due to constant focus by the management and staff of the department.
It is important to note that even the outstanding Provincially Aided Hospitals and Municipalities are preparing for the transfer of the function before the end of March 2011.
A strategic and management decision has been arrived at to de-complex the current three hospital complexes of East London, Mthatha and Port Elizabeth. This decision is to allow for the hospitals within these institutions or complexes to be managed as individual hospitals that are supposed to be functional and effective. More specifically, is to ensure that clear leadership and management capability is available to manage the individual hospitals within these complexes and ensure that patient care is focused more than before.
Revamping our emergency medical care services capabilities.
The whole system of managing and co-ordinating our emergency response capability will be overhauled with a view of improving response times to save the lives of patients by transporting them to nearby health facilities with limited resources at our disposal.
Our aim Hon. Speaker is to provide adequate emergency care, transportation of victims of trauma and road traffic accident, obstetrics and other medical emergencies with the best care that we have. The Planned patient transport service, on the other hand, is to facilitate inter-hospital transfer, while indigent patients will be transported between clinics and hospitals.
The ambulances will come with installed tracking system in order to monitor all the ambulances when they are on the roads, especially to scenes where they are needed urgently.
We have also started building the fleet for the "beyond the contract" period. A due diligence has been done by the department and it will guide our activities associated with emergency medical services. The due diligence report will be presented to the Portfolio Committee of Health and Transport by the end of April 2011 to show our commitment to improving emergency medical services.
Hon Speaker, the department will decentralise this service by the end of the second quarter and new financial year, where each tertiary and district hospitals will be allocated an ambulance.
There are four metro centres that have been established in Mthatha, East London, Port Elizabeth, and Queenstown, and the EMS Base in Mount Ayliff will be finalized and officially opened in June 2011 and the Hon. Members of the House will be invited to the opening session. Two additional EMS Centres will be established at Joe Gqabi and Cacadu Districts in order ensure access of emergency vehicles to all communities in the Province.
For the new financial year, we have budgeted an amount of R 682, 580 m which is a 14, 71 % increase from the previous budget allocation of R 580, 703m.
3.6 Maintenance and Revitalisation of infrastructure and enhancing the productive capacity of the economy.
Hon Speaker, it is history now that South Africa received accolades for hosting the most successful 2010 FIFA Soccer World Cup and it must also be said that Eastern Cape Province received an award for the Best Logistics for the World Cup.
In the new financial year, the Department will implement a three-pronged strategy to accelerate infrastructure delivery. The first strategy entails accelerating the delivery of health infrastructure through Public Private Partnerships (PPPs) especially for the construction or refurbishment of the Nelson Mandela Academic Hospital which will be completed in 2014/15 financial year.
The second element of the strategy entails improving our primary healthcare facilities. This process will be informed by the outcomes of the audit of primary health care infrastructure and services. The third strategy consists of enhancing Health Technology and Information Communication Technology by conduct an audit of Essential Equipment in the Province, which will inform the finalization of the National Health Technology Strategy. Furthermore, prioritize the health technology maintenance, as a means to ensure safety of patients and employees at out health facilities.
Continuing with the upgrading of 09 hospitals namely, the Madwaleni, St. Patricks, Holy Cross, and Aliwal North District Hospitals, St. Elizabeth and Frontier Regional Hospitals; Cecilia Makiwane, Livingstone and Frere Hospitals which are levels two and three hospitals.
Hon. Speaker we are also going to be increasing our focus on the maintenance of our health facilities as un-maintained facilities contribute to infection spread and contamination.
Maintenance of 11 hospitals namely; Madzikane KaZulu, Midlands, Bhisho, Butterworth, Fort Beaufort, Mt.
Maintenance of 30 clinics namely; Cancele, Empilweni, Gcaleka, Gqunge, Grainvalley, Gura, High View, Macibe, Mnyibashe, Ndabakazi, Ngcizela, Ngqamakhwe CHC, Ntseshe, Zone 8 Zwelitsha Clinic, Qina, Qolora, Zihlaleni, Springs, Tutura, Tyali, Zazulwana, Bongweni, Joubertina, Lower Regu, Mqanduli, NU 1 Mdantsane, Thornhill and Zone 5 Zwelitsha Clinics.
Our Infrastructure Program has been allocated R1,138,492m from the Hospital Revitalization Project grant, Infrastructure Grant for Provinces and equitable share. This is a cut of R577m and has huge implications for the Department's ability to provide good support to the clinical services. Adequate maintenance of facilities and equipment will not be possible, neither, will the revitalization of most of the facilities be at the acceptable standards possible.
3.7 Clinical Support Services and the availability of drugs at health facilities.
The effective provision of health care support services is one of our strategic policy imperatives of the department. These services, Hon. Speaker are to compliment patient care at Health Facilities. We have resolved that during the next three years, the department will strengthen systems to ensure uninterrupted availability of essential medicines at health facilities at all times and ensure emergency blood availability at District Hospitals.
Hon. Speaker and Hon. Members of the House, I must hasten to indicate that for too long the Department has had major challenges around availability of essential medicines at our facilities. The Department is putting in place processes that will achieve better management capabilities at the two Depots, increased drug supply and demand capacity, and efficient distribution of drugs and medicine to our facilities.
Our main focus is zero stock-out levels for essential drugs at PHC level especially. The other spin-offs will be minimal drug shrinkage through theft, damage and the expiry date throughout our system. We have thus increased the budget by 3.10 % this year to an amount of R64, 320m from the previous allocation of R62, 387m to ensure improved pharmaceutical service delivery.
With regards the provision of assistive devices to our clients and patients, especially the indigent members of our communities, the Department has increased the budget allocation by 5.
provision of 3300 wheel chairs to deserving patients.
provision of 1700 hearing aids devices to deserving clients.
7000 orthoses to people with disabilities within the Province.
In terms of the Clinical Waste Management, an amount of R30m, which is an increase from the previous allocated amount of R25m in the previous financial year has been allocated for the Provincial Medical Waste contract as well as ensuring compliance with Occupational Health and Safety Regulations.A total budget amount for this policy imperative for the new financial year is R 97,339m which is an 8.98% increased compared to the previous allocation or R93, 572m.
Hon. Chairperson and Members of the House, the budget we are tabling to the House must be placed in the context of the significant budgetary pressures and cash flow woes facing the Eastern Cape Department of Health which have had a major impact on service delivery. We are effectively starting the new financial year from a negative position with expenditure expected to exceed budget by approximately R 978million, including accruals and carry through costs which will be carried over into the 2011/12 fiscal year. This shortfall will have to be funded from the 2011/12 budget, as a first claim against this budget.
The 2011/12 budget has been developed and aligned to the core business of the department, especially focusing on re-engineering the health system to one that is based on the primary healthcare (PHC) approach, with more emphasis on promotive and preventive instead of curative healthcare and the department's strategic objectives, to that effect 47, 4% of the budget is allocated to the District Health Services programme.
The appropriated budget of R14 237billion for 2011/12 increased by R395ml, 2.85% compared to the adjusted budget of the previous financial year. However, in real terms, the budget has had negative growth of 3.4% over the MTEF. This position has arisen substantially through baseline adjustments of net cuts to the Department's conditional grants of R82.9 million, national priority funding included of R197. 4 million and improvements in conditions of service R239.9 million allocated. An amount of R444.2 million has been top sliced to finance projected overspending.
Due to the impact of accruals carried forward to the next financial year as well as the amount top sliced, the department is concerned that care should be taken to ensure that it maintains a proper balance between personnel and non-personnel expenditure. The target is to reduce, from the levels we are at presently, the percentage of budget spent on personnel costs from 64% to 60% in the 2011/12 financial year. It is therefore our intention to continue to reprioritize spending to realign budgets to ensure targeted spending on frontline services, all programmes and spheres of the department have been required to assess their baseline budgets to ensure targeted spending as well as identify areas where savings and efficiencies can be derived.
Initiating income generation projects in identified hospitals to increase our generation and retention of revenue. This will not only increase our revenue base but will also build a nucleus of facilities towards readiness for NHI policy implementation. The accruing benefits include attraction of specialists to our public healthcare system, increasing and retaining revenue and forming the building of administrative capacity in readiness for the NHI implementation. We have already begun discussions with the Provincial Treasury on the modalities of this plan, particularly, the revenue retention component.
Reforming our Supply Chain Management system by building elements of transparency, efficiency, and decentralization. Aligned with the PHC revamping initiative, our procurement system will be geared towards strengthening Local Economic Development (LED) initiatives and exposing many people to economic opportunities.
Hon. Speaker, we must also mention that a multi-agency working group made up of the Special Investigation Unit, South African Revenue Services, National and Provincial Treasury and the Presidency has been established to reform the supply chain within the Department. The purpose of this team is among other things, to curb corruption and fraud in the Department. This team will also assist in the prosecution of corrupt suppliers and employees within the Department.
Hon. Speaker, I hereby table the Budget Vote, Vote No. 3 of the Eastern Cape Department of Health which is R 14,237,249 billion for 2011/12.
Health Administration 590,416 2. District Health Services 6,752,589 3. Emergency Medical Services 677,875 4. Provincial Hospital Services 3,761,539 5. Central Hospital Services 609,327 6. Health Sciences and Training 609,672 7. Health Care Support Services 97,339 8.
I also table the Service Delivery Improvement Programme of the Department which contains our Statement of Public Commitment towards the provision of health care as per the requirements of the Public Financial Management Act.
Hon. Speaker. I have indicated that we are going to facilitate a new sense of purpose, responsibility and accountability throughout the entire Provincial Health Care System. With the limited budget allocated to the Department, I believe the Department can do more. Peter Vail, an American geologist and geophysicist, describes a complex, turbulent, changing environment in which we have to operate as 'permanent white water' which is a reference to turbulent river rapids. He describes these conditions as living permanently outside our comfort zone.
Many surprises - These are characterized by the continual occurrence of problems that are not supposed to happen. b Never-before-seen problems: - These are complex systems that produce novel problems and conditions never before imagined. c High Costs: White water events that are often extremely costly, both in terms of money and effort to cope with the problem and deal with the damage. d Un-ending and recurring change: The anticipation cannot forestall the next surprising novel wave in the permanent white-water.
Working together in order to overcome these complex, turbulent, changing environments that we find ourselves in, we shall not fail the citizenry of the Province to provide them with health care services that they deserve. 'Collectively we can do more'.
I thank you all.
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Honourable Speaker allow me take this opportunity to acknowledge and congratulate my special guests, the citizens of our Province who continue to inspire us with their outstanding contribution in their respective fields.
Honourable Speaker, it is imperative that we, as the ANC-led government, constantly remind ourselves about the mandate that our people have given us in 2009 to execute during our term of office.
On Wednesday last week, our people have demonstrated again at the Local Government polls that it is the ANC-led government that is better placed to address their plight and aspirations. Through their votes, they sent a very clear message to the ruling party.
In one voice, they re-affirmed the mandate of 2009.
In one voice, they demand from the ruling party the speeding up of service delivery on agreed priorities.
In one voice, they demand of us to work together to change their lives for the better, particularly those of the poor since they are the ones who bear the brunt of poverty, unemployment and inequalities on a daily basis.
Honourable Speaker and Members, let me take this opportunity to thank our people for entrusting us with this mammoth task of creating a better South Africa for all who live in it. As we said before, if we work together, we can do more.
Honourable Speaker and Members, of critical importance, not only did our people outline the priority areas that government must focus on during its term of office, but they also charged us with the responsibility of utilising public funds as efficiently as possible to realise these identified priorities.
Today, as the Office of the Premier, we have come, once more, before this august House to humbly request that our proposed budget for 2011/12 financial year be considered favourably so that we are in a position to execute our mandate as designated by the Constitution of this country, and other accompanying body of policies and legislation.
Yes, it is financial support that must assist the Office of the Premier in its endeavours of ensuring that government delivers on its mandate as expected by the electorate.
Indeed, it is a budget that must enable the Office of the Premier to build a state machinery that is amply capacitated to implement the twelve performance outcomes that we, together with the people, have agreed upon to pursue in the five-year time period of this administration.
Of course, it is a budget that must be employed to build a Premier's office that is efficient and effective, and also geared towards ensuring that the set outcomes are realised as expected.
Honourable Speaker, like in the previous policy and budget speech, this budget that we are requesting for approval from this House today, is intended to focus also on the five key areas of work as outlined in that speech, including the re-engineering of the Premier's office - an area of work which we said will consume the bulk of our 2010/11 Budget.
Firstly, enhancing the overall efficiency and capacity of the Administration to respond to development and service delivery needs of communities. This includes the elimination of wastage in non-core activities, efficient and effective utilisation of available resources, as well as fostering a strong culture performance and productivity.
Secondly, ensuring proper alignment of mandates, strategic focus with organisational structures. This work entails a concerted effort to curb the bloating of organisational structures, and the artificial creation of posts that are non-core service delivery.
Thirdly, unlocking financial resources to increase the proportion of budgets meant for service delivery. We are painfully aware that inefficiencies and the ever-growing personnel budget continue to hamstring government to accelerate service delivery.
Let me quickly point out Honourable Speaker and Members that the work on the re-engineering of the Premier's office has not panned out as planned.
The process is moving at a snail's pace due to a new approach that the Department of Public Service and Administration, in collaboration with the Presidency, are working on. It is a view that seeks to standardise the configuration of all offices of Premiers in the whole country and also align them properly with the Presidency.
Fortunately, we, as an office, are also participating in this process. It is work that is already at an advanced stage and will be concluded during the course of this financial year. Once this guidance is received, we will be in a better position to conclude our re-engineering work in line with national expectations.
Therefore, it is worth pointing out that, in the upcoming financial year, the big chunk of our budget will still go to personnel due to the new focus of the Premier's office - the five key areas of focus to be precise.
What is also worth noting is that, while the re-engineering process has not moved as fast as we would have expected, however, some work was taking place in the identified key areas.
Honourable Speaker, allow me to go through these focus areas individually, basically looking at both their performance during 2010/11 financial year and priorities for 2011/12 financial year.
If Members will remember, in the previous Policy and Budget speech, one highlighted policy and planning as one of key focus areas that the Office of the Premier will be paying attention to.
We pointed out that this area of work includes functions that range from development and coordination of policies and strategies to coordination of macro-planning; targeted research to inform decision-making processes of cabinet; and co-ordination of international co-operation across all spheres of government.
With regard to macro-planning, there are three broad issues that the office of the Premier is expected to provide strategic direction on for the entire administration.
Honourable Speaker and Members, in terms of progress, work on Vision 2025 is still at an elementary level. We are still waiting for guidance from the National Planning Commission. However, as the Province, we have started to look into issues that involve the Provincial Spatial Development Framework since it is such a framework that is the building block of Vision 2025.
Relating to the Provincial Growth and Development Path, much ground has been covered. Together with the Department of Economic Development, Tourism and Environment, we are at the final stage of completing this important framework for the Province.
What is also worth mentioning is that the coordination and facilitation of the development and implementation of other crucial Provincial Plans which underpin the Economic Growth and Development Plan are unfolding very well.
One refers to, inter alia, the Comprehensive Rural Development Programme; Skills Development Plan; Infrastructure Development Plan; Human Settlement Plan and Sustainable Environmental Plan.
Honourable Speaker and Members, with regard to the Provincial Five-Year Plan, great strides have been achieved. The twelve outcomes from the Medium Term Strategic Framework have been reduced into this Plan, with clear activities and targets for each financial year.
To this end, Delivery Agreements have been signed and sealed with respective Members of the Executive Council except the MEC for the Department of Economic Development, Tourism and Environment who has been given extension pending the finalisation of the Provincial Economic Growth and Development Path.
Honourable Speaker, it is our understanding that, for policy and planning work to be on the cutting edge of the information highway, research work is undoubtedly fundamental. Our planning should be based on credible information so that development and service delivery interventions are properly targeted.
To this end, we have entered into a Memorandum of Understanding with Stats South Africa to assist the Province in building the requisite capacities to coordinate and manage development planning and performance information.
As the Office of the Premier, we are in the process of coordinating an information nerve centre that will become a central and common source for planning, performance monitoring and decision-making information.
Honourable Speaker and Members, another important area of work relating to the Office of the Premier involves performance monitoring and evaluation.
If one could refresh our memories, performance monitoring and evaluation is largely about measuring, monitoring and evaluating government performance - an area of work that government has struggled with for quite some time.
It is in this context that, in the previous financial year, we prioritised, among other things, the need to enhance performance monitoring and evaluation systems and tools that enable timely access to departmental and municipal performance information.
In 2011/12 financial year, special attention will be paid to monitoring and evaluating progress in the implementation of Delivery Agreements that were signed between the Premier and Members of the Executive.
Honourable Members, we are collaborating with the Department of Performance Monitoring and Evaluation in the Presidency to ensure that, at a provincial level, we monitor and evaluate government performance and the realisation of agreed national outcomes.
To date, the Presidency has developed a monitoring tool to track the implementation of Delivery Agreements wherein the contributions of all spheres of government are monitored and reported on, on a regular basis. As the Office of the Premier, we are strengthening our own systems of monitoring and evaluation.
Honourable Speaker, as we speak, the Presidency, together with all other stakeholders in government, is engaged in a process of developing a national 'Performance Assessment Tool' to be applied across all spheres of government. This process is almost complete.
This tool is intended to be a comprehensive institutional performance assessment mechanism that evaluates each institution's overall performance on key areas such as management practices, financial management, and strategic execution.
The Presidency has identified government departments and Provinces where this tool will be piloted. I am pleased to announce that this Performance Assessment Tool will be piloted here in Mpumalanga in 2011/12 financial year.
After the pilot, we will ensure that we coordinate and facilitate the roll-out of the Performance Assessment Tool in all Departments and municipalities.
Honourable Members, our analysis of the socio-economic environment indicates high levels of poverty amongst the most vulnerable groups of our society such as unemployed women, children and persons with disabilities. Most importantly, rural women, children and persons with disabilities bear the heavy burden of poverty and social deprivation.
Our analysis also indicates that we have a large number of young people entering the labour market each year, adding to the growing number of unemployed youth in the Province. Everywhere we go and interact with communities, it becomes evident that something drastic needs to be done to address youth unemployment.
High levels of unemployment and poverty among the youth of our Province call for extraordinary measures to expand targeted programmes that facilitate opportunities for young people to acquire skills and access to employment opportunities.
Government's response to poverty and underdevelopment challenges facing target groups needs to focus on providing comprehensive support to individual households to enable them to graduate out of poverty.
As part of our overall approach to the delivery of anti-poverty programmes, the Province identifies and profiles poor households, and designs specific support interventions responding to the poverty circumstances of profiled households, including linking them with existing government anti-poverty programmes.
As the Office of the Premier, we will continue to play our leadership role in sharpening the focus of key government programmes on addressing the issues of women, youth, children and persons with disabilities.
We will continue to enhance our monitoring and evaluation capacity to ensure that government institutions, including municipalities and parastatals meet agreed targets with regard to addressing the development needs of target groups.
We will continue to roll out capacity building and advocacy programmes to ensure that the development needs of target groups are always placed high on government's development agenda.
Honourable Speaker, last year, the Office committed to paying special attention to strengthening the function of government communication to ensure that government messages across the Province are coherent and integrated.
I am pleased to report that the Provincial Government Communication Framework was adopted by the Executive Council in 2010. This framework provides guidelines for managing government communication within respective Departments.
In this financial year, we will institutionalise this communication framework within government institutions, and mobilise other key stakeholders to participate in the implementation of the provincial communication strategy.
This year, we will convene a Communication Summit to discuss the implementation of various facets of government communication and ensure that there is a common approach to dealing with issues pertaining to government communication.
As we continue to strengthen overall government communication, we are also cognisant that public participation provides one of the important platforms for government to interact and communicate with citizens.
I am satisfied that over the last few years, government has deepened a strong culture of interaction with citizens around development and service delivery issues. Through izimbizo and our Cabinet Outreach programmes, we have created platforms for engagement where communities raised issues that require government intervention.
As we continue to implement our major development programmes such as the CRDP, we will intensify public participation in matters that involve their own development.
The Cabinet outreach will continue to be part of the Office of the Premier's focus in this financial year.
We will continue to improve our system for capturing and monitoring the processing of issues raised by the communities during community meetings.
As the Office of the Premier, we are able to generate reports on the implementation of issues raised by communities, including issues raised through the Presidential Hotline.
Last year, we committed to conclude the process of centralising the security function to enhance, coherence, uniformity and integration of the currently disjointed security functions. Unfortunately, we have not been able to conclude this work as we had anticipated.
Our approach to this process has to be more detailed and thorough so that we achieve intended outcomes.
Our ability to mobilise requisite capacity in the Office the Premier has taken longer than we had anticipated. All outstanding work will be finalised during this financial year.
Work on the development of an Integrated Security Plan is currently in progress and is due to be presented to the Executive Council for approval.
We will continue to work collaboratively with government institutions to build requisite capacity to deal with security aspects such as document security, information security, personnel security, computer security and physical security.
In the new financial year, the Office of the Premier will strengthen collaboration with the State Security Department to coordinate the vetting of all employees in strategic offices like supply chain management, and other sensitive areas of government work to ensure that the breach of security standards and protocols is minimised.
Honourable speaker, we are confident that enhanced security standards and improved risk management systems will contribute to addressing challenges of fraud and corruption.
As government, we have, over the years, demonstrated our commitment and willingness to deal decisively with individuals engaging in corrupt and fraudulent activities.
A recently published report by the Public Service Commission (PSC) entitled Report on the Profiling and Analysis of the most Common Manifestations of Corruption and its Related Risks in the Public Service bears testimony to this effect.
This report highlights Mpumalanga as a Province that has committed resources to deal with fraud and corruption. The analysis of cases dating back from the inception of the National Anti-Corruption Hotline on 01 September 2004 to 31 June 2010 indicates that Mpumalanga is the province with the highest percentage of cases investigated and closed.
We will continue to support the work of the Integrity Management Unit in the Premier's Office to ensure that fraud and corruption cases are investigated and closed speedily. Alongside this, we will support provincial departments and municipalities to build their internal capacity to investigate and deal with cases of fraud and corruption.
Honourable Members, I am pleased to report that the Executive Council has approved the Provincial Anti-Corruption Strategy that will guide government initiatives towards eradicating fraud and corruption.
This year, we will establish the Mpumalanga Anti-corruption Council comprising various stakeholders to drive anti-corruption interventions in the Province.
Working together with our business, labour, and civil society partners, we will defeat corruption where it rears its ugly head.
As I conclude Honourable Speaker, I wish to appeal to this august House to approve the 2011/12 budget of R141 464 million to enable us to drive the three programmes that constitute the work of the Premier's Office.
Let me also take this opportunity to thank Members of Legislature and the Executive Council for their support to our work as an Office. To the Director-General and all Senior Management for their dedication and commitment.
My gratitude will also go to all the stakeholders that continue to support us in our endeavours to realise our mandate.
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The indaba also seek to improve the working relations and ensure that a better co-operation exist between all the institutions of traditional leadership and local government.
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Results: 1 to 20 of 428 (104467 searched in 1.126.
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Mpumalanga Safety, Security and Liaison MEC Vusi Shongwe has appealed to political parties not to prevent police from doing their job in the townships.
Shongwe on Saturday night visited Carolina near Ermelo where he accompanied the police who raided at least eight troublesome taverns.
Shongwe was briefed by the police that some leaders of certain political parties had threatened that they did not want police in the township to raid the taverns.
The MEC was told that the tension was sparked by the previous SAPS operation where it was later alleged that the police stole wallets and cellular phones belonging to some of the patrons who at the taverns.
A certain group of people had threatened to switch off the electricity supply in the area and attack the police when conducting operations in the area. They also threatened to burn the houses of the police officers if they continue conducting operations in the area.
A concerned MEC visited the area on Saturday night to observe the situation as over 100 police officers accompanied by the Provincial Commissioner conducted their operations. To his surprise, the community had been tipped off about the extensive raids and stayed inside their homes with taverns closing early.
Shongwe said political parties prevented the police from doing their job in an effort to campaign for the up-coming municipal elections.
The police are there to protect the Constitution of the Republic. This includes the Bill of Rights and they cannot be stopped by anyone from doing their work.
Crime affects everyone, whether you are a member of a political party or not. The police should confiscate all dangerous weapons in the townships in order for our communities to live peacefully without fearing criminals.
"People appreciate what we are doing when we increase police visibility in their areas especially at night, they say they feel safe and we should continue conducting these raids," said MEC Shongwe.
The MEC said he was aware that the same was happening at Leandra where a political party was denied access to the township to do its door-to-door campaign by few individuals.
He said the government would not fail the people of South Africa as it will ensure that the police protect everyone.
He further urged religious leaders, traditional leaders, and organized labour to support the police in conducting the raids.
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Minster of Sport and Recreation Makhenkesi Stofile says as the preparations for 2010 Fifa World Cup intensify government remains committed to deliver on Fifa's foremost requirements.
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In the article, 'ANC delays lists conference over provincial snags', Business Day 12 January 2009 reports that the Minister in the Presidency, Dr Manto Tshabalala-Msimang 'indicated that she would not be in the cabinet despite remaining a member of the ANC's national executive committee.
URL: http://www.info.gov.za/speeches/2009/09011610451001.
Nepal has achieved remarkable success in holding the Constituent Assembly (CA) elections and has ensured 33 percent representation of women in the CA, while South Africa has been steadfast in creating an enabling environment conducive for the empowerment of women and children.
Theme: "Business Unusual - Encouraging Women and Men working together in Promoting Healthy Lifestyles". Her address will highlight the Department of Health's efforts in uplifting the status of women through the improvement of health services and promotion of healthy lifestyles. The event will kick off at 08h00, with a three kilometres Health Walk, to mark this year's Department of Health's theme: "Business Unusual ' Empowering Women and Men Working Together in Promoting Healthy Lifestyle".
Minister of Health Dr Manto Tshabalala-Msimang will attend the sixth commemoration of the African Traditional Medicine Day on 31 August 2008, which will be followed by the African Regional Committee (AFRO) of the World Health Organisation (WHO) in Yaounde, Cameroon from 1 to 5 September 2008.
The Minister in the Presidency Manto Tshabalala-Msimang will tomorrow, 2 May 2009, attend a memorial service in honour of the late Minister of Communications Ivy Matsepe-Casaburri organised by the Nkunkumathe community in Nkandla, KwaZulu Natal province. The community of Nkunkumathe was adopted by the Minister in the Presidency and the late Minister of Communications in 2004.
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URL: http://www.info.gov.za/speeches/1999/990319514p1013.
South Africa regards Libya as an important role-player in the Organisation of African Unity and in the affairs of the continent. The limitations which United Nations sanctions place upon Libya are not only to the detriment and suffering of Libya. The Jamahyria would wish that this be done also in consultation with the Republic of South Africa and the Kingdom of Saudi Arabia.
URL: http://www.info.gov.za/speeches/1999/990329436p1002.
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URL: http://www.info.gov.za/speeches/2006/06082815451001.
A focus week dedicated to showcase Correctional Services' best practices launched by Minister Ngconde Balfour on 21 September 2006 will get into high gear next, week with a series of activities lined up across the country. The sites will be launched on 26 September 2006 by Correctional Services Deputy Minister, Loretta Jacobus, from Pietermaritzburg Correctional Centre.
The Minister of Correctional Services, Honourable Ngconde Balfour will on Monday, 16 October 2006, address a media briefing to unveil the department's Anti-Corruption campaign of "naming and shaming" and also reflect on the progress made in the investigations into cases related to corruption.
Department of Public Service and the Public Services Commission Enquiries * the deployment of strong management to stabilise the then unstable and volatile environment led by Commissioner Linda Mti * the establishment of the Jali Commission of Inquiry * the formation of formidable partnerships with the Special Investigation Unit that assisted to build internal institutional capacity to fight corruption and fraud.
URL: http://www.info.gov.za/speeches/2006/06102311151002.
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Organisations should be permanent and formally registered.
Business Arts South Africa is a funding organisation to help artists from all disciplines. It is an incentive scheme for artists trying to raise corporate sponsorship. This means that where a corporation agrees to sponsor an artist or group, BASA will contribute certain aspects of the sponsorship.
raw materials (e.g.
Projects that are particularly outstanding stand the chance to be nominated for further training of project participants, in areas such as marketing and intellectual property protection.
Heritage education and training aims to draw arts, culture and heritage practitioners and teachers together. The aim is to develop the relationships among community arts structures, cultural institutions, schools and tertiary institutions.
Artists and the intended beneficiaries are learners and youth who have access to community arts centres and/or cultural institutions.
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I Words in bold type in square brackets indicate omissions from existing enactments. Words underlinedwith a solid line indicate insertions in existing enactments.
shall [on the said date of commencement of this Act devolve] be deemed to have devolved upon the Council, as from the dateof commencementofthisAct, withoutanycompensationbeing payable in respect thereof by the Council.
"(4) [On] Asfrom the date ofcommencementof this Act all rights and obligationsofthe State in respect of the aforesaid Geological Survey Branch shall, subject to the provisions of this Act, [pass] be deemed to have passed to the Council and any referencein any lawor document to the said Geological Survey Branch shall be construedas a reference to the Council.".
The object of the Bill is to effect the lawful transfer of movable and immovable propertyfrom the Department of Minerals andEnergytotheCouncilfor Geoscience.
Section 26(1) of the Geoscience Act, 1993, inter alia provides that movable and immovable property, designated by the Minister of Minerals and Energy, shallon the date of commencement of the Act devolve upon the Council.
On the date of commencement of the Act (1 November 1993) the movable and immovable property had not yet been designated by the Minister. Designation of the above property was only effected during April1994.
PARLIAMENTARY PROCEDURE The State Law Advisers and the Departmentof Minerals and Energy are of the opinion that this Bill must be dealt with in accordance with the procedure established by section75 of the Constitution since it contains no provision to which the procedure set outin section 74 or 76 of the Constitution applies.
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The application process for the 2010 Fifa World Cup volunteer programme is now open. A total of 15 000 volunteers are required and will be selected from South Africa, the continent and the rest of the world to assist in making sure the event is run smoothly.
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2011/07/15 class="MsoNormal">The Minister of Trade and Industry, Dr Rob Davies and Deputy Ministers Ms Elizabeth Thabethe and Ms Thandi Tobias-Pokolo will on Monday, 18 July 2011 heed the national call to help change the world for the better in celebration of the Nelson Mandela Day, by leading teams of the department officials to KwaZulu-Natal, Northwest and Gauteng where they will be dedicating 67 minutes of their time to various noble causes.
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The Minister for Justice and Constitutional Development, Brigitte Mabandla, MP, has noted the decision of the New York Circuit Court of Appeal to reverse the finding of the district court on the Alien Tort Claims Act. The Alien Tort Claims Act allows foreign victims of serious human rights abuse by multi-nationals to sue the perpetrators in United States (US) courts.
URL: http://www.info.gov.za/speeches/2005/05020708451003.
The event is co-ordinated by Judge President of the Northern Cape, Judge Kgomo. The Minister will be accompanied by Northern Cape Premier, Ms Dipuo Peters.
Housing Minister, Brigitte Mabandla, will on Monday, 23 February 2004, hand over 8592 houses to beneficiaries in the greater Madibeng Local Municipality, (formerly known as Brits) in the North West Province. For the first time in their lives more than ten thousand (10 000) people will have access to decent housing. The five projects in Lethabong, Mothotlung, Lehlabile, Damonsville and Oukasie have been in construction since September 2000 and have cost over R800 million.
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The 2010 World Cup Local Organising Committee has received more than 11 000 volunteer applications just a week after the opening of the volunteer programme on Monday.
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Port Elizabeth - Three Visitor Information Centres (VICs) were launched in Nelson Mandela Bay on Thursday to ensure tourists arriving in the city for the 2010 Fifa World Cup get the best advice and information.
The three centres are based at the Port Elizabeth Airport, the lighthouse facility at the Donkin Reserve and the Boardwalk Casino and Entertainment World.
These one-stop shops will supply tourists with information on a wide range of services, including reservations, accommodation, tours, vehicle hire, entertainment, adventure and travel tips.
Visitors to the centre will be able to make use of user-friendly touch screens linked to central database of tourism products on offer and the advertisements of local businesses.  They can also access free internet and an online booking system at the centres.
The centres create easy access and awareness of tourism related facilities and attractions within an area.
"They are a key element of the visitor industry and play an integral part in the marketing chain and information distribution system," said Minister of Environmental Affairs and Tourism, Marthinus van Schalkwyk at the launch of the three centres on Thursday.
With more VIC's planned in other cities, including Port Elizabeth, Polokwane, Bloemfontein, Rustenburg and Nelspruit, the minister said South Africa was taking another step in the process of hosting a world class event next year which all South Africans can be proud of.
He said more than 450 000 visitors were expected to arrive in the country and these centres would play a pivotal role in addressing tourism and information services.
Developed at a cost of R 6.7 million, the centres will form part of the legacy project for the 2010 Fifa World Cup and will benefit many visitors in the years to come.
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Cape Town - As the world's best football nations fight through gruelling qualifying campaigns to make it to the 2010 Fifa World Cupâ, one of the world's most picturesque cities stands ready to warmly welcome them.
Cape Town mayor Dan Plato and Chief Executive Officer of the 2010 Fifa World Cup Organising Committee South Africa, Dr Danny Jordaan, today signed the service level agreement for Cape Town to host the tournament's Final Draw at the Cape Town International Convention Centre on 4 December this year.
The Draw, which is expected to be broadcast in almost 200 countries and attended by about 2 000 guests and around 800 media representatives, will determine the match order for the world's top 32 teams who will contest Africa's first Fifa World Cup from 11 June to 11 July 2010.
The agreement sets out the roles and responsibilities for the two parties in staging the event and to provide all the necessary support services. It was signed in typically Cape Town entertainment fashion, with minstrels from the world-famous Cape Town Minstrel Carnival providing the musical accompaniment and performing the popular tune 'Welcome to Cape Town'.
Executive Mayor Dan Plato said excitement and anticipation amongst the residents of Cape Town was starting to mount as the Final Draw and the 2010 FIFA World Cup approaches.
"We can't wait for the fourth of December and we can't wait for 2010 to welcome all the visitors and spectators to our city. Cape Town is ready and prepared to deliver a memorable Final Draw and to provide unique visitor experiences for visitors and the soccer fraternity alike. The timing coincides with Cape Town's festive season and all stakeholders are working together on integrated planning and preparations for the event," the mayor said.
Jordaan said the Final Draw in South Africa's scenic 'Mother City' would capture the imagination of the football world and would be a week-long event featuring a number of activities staged by Fifa, the Organising Committee, the City of Cape Town, the Western Cape Provincial Government and all South Africa's Host Cities.
"There are two projects left in the delivery of the 2010 Fifa World, the Final Draw this December and then the tournament itself starting next June. The Fifa Confederations Cup has really shifted the mood world-wide. Where people once questioned and doubted, we've now reached a position where people are looking forward in anticipation and excitement to the Fifa World Cup in South Africa," said Jordaan.
"The Final Draw in Cape Town is a critical date and an important milestone for us. And we could not find a better city in which to host it. Cape Town's a wonderful location and its Greenpoint Stadium is a landmark, one of the best in the world," Jordaan added.
The Executive Mayor said the 2010 Fifa World Cup came at an opportune time for the city and had already created a number of job opportunities in especially the infrastructure sector.
"The impetus of expenditure and investment in infrastructure for 2010 could not have come at a better time to counteract the effects of the economic slump. While not every individual or suburb of Cape Town will benefit directly from the World Cup, improved facilities, services and infrastructure will benefit all indirectly," said Plato.
Issued by the 2010 Fifa World Cup Organising Committee and the City of Cape Town.
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The LGTAS is the basis on which the Delivery Agreement on Outcome 9 was developed.
The Premier's IGF brings together all three spheres of the Limpopo Provincial Government, and is chaired by Premier Cassel Mathale.
Cell: 082 877 3898 e-mail: This e-mail address is being protected from spambots.
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The Drop-in-Centre was started by the Institute of Primary Health to address the needs of orphans and vulnerable children in Soshanguve. The centre is registered as a Non-Profit Organisation and renders services to 114 vulnerable children aged between 8-18 years.
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IT has been a long and winding road to the 2010 World Cup, says Irvin Khoza, with the idea first discussed in 1994.
THE journey to the 2010 FIFA World Cupâ has been one long road filled with great expectations, heart-rending disappointments, and unprecedented joy not only for those people involved in bidding for the football tournament, but for South Africans at large.
Addressing about 400 people who had gathered at a City Press Soccer Forum at the Linder Auditorium at the University of the Witwatersrand's Education Campus on Thursday, 30 July, the chairman of the 2010 FIFA World Cup Local Organising Committee South Africa (OC), Irvin Khoza, spoke about South Africa's efforts to host the World Cup, a dream that started way back in 1994.
At the time FIFA changed the staging of the World Cup and voted for the US to host it in 1994 - its hosting had been see-sawing between Europe and South America since 1930. The seed was planted by the then South African Football Association (Safa) president Stix Morewa who, after returning from the 1994 World Cup, expressed South Africa's interest in hosting the World Cup in 2006 by writing to FIFA.
"To most people South Africa's idea to bid for the World Cup was ridiculous. 'Does Africa have the resources to stage an event of such enormity' they asked," said Khoza?
Preparations began in earnest in 1996 to bid for the tournament a decade later, with Danny Jordaan in the forefront to prepare the bid. In 1997, the SAFA executive committee adopted a binding resolution to bid for the 2006 World Cup and the South Africa 2006 World Cup Bid Committee was formed.
With the full blessing of FIFA president Sepp Blatter, who had gone all out to say it was Africa's time to host the World Cup, the committee officially launched its bid to CAF, the African football federation, and received a standing ovation from African football associations.
"The bid had Nelson Mandela's blessing and the bid team called on all its resources to launch the bid, wooing even government officials for support. We had to enlist the help of Geraldine Fraser-Moleketi (former public service and administration minister) who was such a wonderful person in helping us at that time."
One moment stood out for Khoza, when a FIFA delegation visited South Africa to inspect facilities. In Rustenburg, they came across 10 000 children - all wearing T-shirts with the words "South Africa" - lining the streets.
Then a strenuous campaign began to woo football bodies from around the world to throw their weight behind South Africa's bid. However, since CAF had not endorsed a lone bid from Africa, Morocco, Libya, Nigeria, Egypt and Ghana entered the fray, expressing their interest in hosting the 2006 World Cup.
However, by 1999, Egypt, Ghana and Nigeria had withdrawn, leaving South Africa and Morocco to fight it out. The latter was not the only threat to South Africa's dreams. Germany was the favourite and Brazil and England were running close behind.
"The last 24 hours before the announcement of the 2006 World Cup host country were tense. From the African diaspora, there were two votes for Morocco and two votes for South Africa," said Khoza.
In the later rounds of voting, the bid team heard that South Africa had beaten Brazil, Morocco and England, and was left fighting it out with Germany. Like a prophet of doom, Franz Beckenbauer, who led Germany's bid, hinted that his country would be successful to South Africa's team at a hotel in Zurich, Switzerland.
"Beckenbauer came to us and said, 'Gentlemen, may you pack your bags and go home.' This was the most heart-rending moment of our bid and nobody can forget that infamous night when Blatter announced that Germany had won the 2006 World Cup bid."
As Irvin uttered these words, one could hear a pin drop in the auditorium as people replayed that sad moment. What had transpired during the voting was extraordinary, according to Khoza. He said Germany won by 12 votes to 11, beating South Africa by one vote after the Oceania official, Charles Dempsey, abstained.
"After getting the results, we convened to try to unbundle the mandate of Dempsey. We were disappointed, very disappointed."
The first port of call when the South African delegation returned from Switzerland was Madiba's residence and, according to Khoza, he had only a few words to say: "Boys, go and fight back."
We had to find a lawyer to [help] us to understand the actions of Dempsey but Blatter came in and said he understood our plight. Even though there was no great support financially, internally we were energised.
"The president of FIFA is a great man and he likes the sound of the vuvuzela. He is the one who encouraged us to keep on going. FIFA said it was Africa's time and South Africa bid again for the 2010 World Cup."
Throwing the country a lifeline, FIFA announced that it would rotate the tournament between football confederations. As a result, the next cup - in 2010 - would be held in Africa. Alongside South Africa, four other African countries submitted their bids to host the 2010 World Cup - Egypt, Libya, Tunisia and Morocco.
Morocco again presented the biggest threat and South Africa went all out to search for votes. Nigeria had withdrawn its intention to bid, leaving South Africa the only country south of the Sahara in the running.
"We had nine assured votes and we had to try and convince Jack Warner, then FIFA vice-president and CONCACAF president, to vote for us. Jack bluntly told us that if we wanted his vote, we must bring Mandela to the Caribbean."
"However, we finally got the go-ahead when we arranged for a special flight, two doctors and a whole lot of medical equipment to accompany Mandela. But it was not to be when we were summoned by the government to Pretoria. Here, we were told that Mandela could not go to the Caribbean."
Dejected and with no other options left, Khoza said that driving back to Johannesburg, he decided to defy government orders and called Tokyo Sexwale, his only hope. Sexwale agreed to Khoza's suggestion to enlist the support of Graca Machel, Mandela's wife; but he could not find her.
It was finally agreed that Madiba would visit the Caribbean and he did so, with much pomp and fanfare. South Africa had the vote of Jack Warner.
Yet another opportunity arrived when 10 FIFA committee members visited the country to attend Thabo Mbeki's inauguration for his second term as president. While in the country, they saw for themselves the country's impressive infrastructure.
As the day of the announcement of the winning bid to host the 2010 World Cup drew closer, and not wanting to take a chance, the bid committee and invited Madiba, FW de Klerk and Archbishop Desmond Tutu to accompany it to Zurich.
And then Blatter opened the envelope and announced that South Africa had won the bid, beating Morocco, which won 10 votes and Egypt which had gathered no votes. "All this came after lots of sacrifices were made to bring the World Cup to South Africa," said Khoza to much applause.
Then the floor was opened for people to ask questions about the World Cup. Asked about the lessons that the OC had learned from the 2009 Confederations Cup, Khoza said the event was mainly to inform the OC and the country at large of its readiness to host the World Cup a year later.
"The event was not a test of our fitness. As much as we were successful in our security plan, I think we have to enlist the services of our security forces during 2010 to bolster security."
Park and ride facilities also had to be improved, Khoza said. Signage and communication about the park and rides had to be improved.
In addition, branding around the Confederations Cup was not "elaborate" enough and accommodation had to be improved.
"The biggest challenge is the psychological adjustment to understand the enormity of the World Cup - the role that each one of us must play in making the event a success."
Khoza said a huge number of international visitors would be in South Africa in 2010 and each one of them had to leave with a positive image of the country. "We got a 75 percent pass mark - a distinction - from Blatter for hosting the Confederations Cup but the question is how do we maintain this momentum."
One person was concerned about fan parks in 2010; Khoza responded that each host city would have one fan park for each match venue. Information about these fan parks would be unveiled in due course.
"The public viewing spaces are the prerogative of the host cities and they can have as many of these as possible. However, my personal view concerning public viewing spaces is that these should be given to people living in rural areas, areas where people don't have electricity or television sets."
Food vendors would be allowed to operate outside the FIFA-demarcated areas around stadiums, he said in answer to another question concerning vending. People selling artefacts could also sell around fan parks and hotels.
"There are places called matchvilles where people have the opportunity to sell their wares to tourists. Matchvilles are places designed to support tour operators and are popular tourist attractions."
A well-known and popular soccer fan, Saddam Maake, asked for clarification on whether FIFA would ban the vuvuzela, an instrument of which he claimed the rights of ownership. Khoza said FIFA would not ban it, adding that a lot of visitors during the Confederations Cup had taken a vuvuzela home.
Concerning World Cup tickets, Khoza acknowledged that the process of buying tickets was cumbersome.
"We hope that as we approach the next phase of ticket sales the system will be simpler. But at the moment people can only get tickets through the internet and FNB branches. But this all because of security risk," he explained.
Asked about his greatest fear for the tournament, he said what he feared most was Bafana Bafana qualifying for the final - "Because there is no way that we will be able to contain the people's excitement."
Magnum d&#039; Or Resources, Inc.
<fn>GOV-ZA.24589En.2012-02-10.en.txt</fn>
The Minister forProvincialand Local Government intendsintroducingthe Local Government: Property Rates Bill, 2003 in the National Assembly during the first quarter of 2003. The draft Bill is hereby published in accordance with Rule241(1)(c) of the Rules of the National Assembly.
Interested persons and institutions may submit written representations on the draft Bill to the Secretary to Parliament by no later than 15-04-2003.
(As introduced in the National Assembly as a section 75-Bill; explanatorysummary of Bill published in Government Gazette No.
To regulate the powerof a municipality to impose rateson property; to amend the Local Government: Municipal Systems Act,2000, so as to make further provision for the servingof documents by municipalities; to repeal certain legislation; and to provide for matters connection therewith.
Part 2 32.
General of,.
Amendment of section 115of Act 32Of2000 78.
a structure constructed solely for the purpose of constructing such a building or immovable structure; and any building or other immovable structure under the surface of the property which is the subject matter of any mining authorisationor mining right as defined in the Minerals Act, 1991 (ActNo.
the Restitution of LandRightsAct,1994(Act No. 22of1994);or holds the property subjectto the Communal Property Associations Act, 1996 (Act No.
as a corporate entity, means a municipalityas described in section 2of the Municipal Systems Act; and as a geographical area, means a municipal area demarcated in terms of the Local Government: Municipal Demarcation Act,1998(AGf No.
"municipal manager"means a person appointed in terms of section82 of the Municipal Structures Act; "Municipal Structures Act"means the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); "Municipal Systems Act"means the Local Government: Municipal SystemsAct, 2000 (ActNo.
a person in whose nametheproperty is registered;.
(i)theDeedsRegistriesAct,1937(Act No. 47of1937);or the Mining Titles Registration Act, 1967(Act No.
(ii)alandtenureright, and "registered" and "unregistered" have corresponding meanings; "Sectional Titles Act" means the Sectional Titles Act, 1986 (ActNo.
over which land tenure rights were registered or granted; or which is earmarked for disposal in terms of the Restitutionof Land Rights Act, . 1994(Act No. 22 of1994); "this Act" includes regulations made in terms of section 71.
A district municipality may not levy a rate on property except on property in a district management area within the municipality.
the rates policy it must adopt in terms of section 3.
Adoption of rates policy on the levying of rates on rateable property in a municipality.
0 allow a municipality to promote local, social and economic development; and identify, on the basis of a cost benefit analysis, all rateable properties that may not be subjected to valuation for purposes of rating.
and provided forin a rates policy adopted by a municipality, must comply with any national framework that may be prescribed.
4 of the Municipal SystemsAct; and comply with subsection(2).
A municipal council must take all comments and submissions madeto it or received byit into account when it considers the draft rates policy.
Sections 3 and 4, read with the necessary modifications as the context may require, apply to any adjustment of a rates policy.
A municipalitymustadoptby-laws to give effect to the implementation and enforcementof its rates policy.
different categories of owners liable for the paymentof rates.
for which tenure is legally insecure as a result of past racially discriminatory laws or practices and for which it is therefore impossible or unreasonably difficult to establish a value.
prevent a municipality from granting in terms of section 14 exemptions from, or rebates or reductions on, rates leviedin terms of subsection (1).
Subjecttosection 16, amunicipalitymay in terms of the criteria set out in its rates policy levy different rates for different categories of rateable property.
(i)acquiredthroughtheProvision of Land andAssistance Act, 1993 (Act No.126 of 1993), or the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994); or which issubject to the Communal Property Associations Act, 1996 (Act No.
A rate on property which is subject to a sectional title scheme, must be levied on the individual sectional title units in the scheme as and not on the property a whole.
Amount of rate a rate based on the improved value of the property shownon the current valuation roll of a municipality; or a flat rate for property within is a specified valuation band, provided that band below a prescribed valuation limit.
The amount of a flat rate in terms of subsection (1) (6) may not exceed the amount that would otherwise have been payable on properties in the lower endof the valuation band had the rate been levied in terms of subsection (1>(a).
Rates to be levied by resolution municipal council with a supporting vote of a majority of its members.
that a resolution levying a rate on property has been passed by the council; and that a copy of theresolution is available for public inspection during office hours at the main administrative office of the municipality concerned and at any other places specified in the notice.
a list of all exemptions, rebates and reductions granted in terms of subsection during the previous financial year; and a statement reflecting the income foregone for the municipality by way of such exemptions, rebates and reductions.
thenationalmobility of goods, services, capital or labour.
coastal public property regulating the protection of the coastal environment; the territorial waters of the Republic as determined in the Maritime Zones Act, 1994 (ActNo. 15 of 1994), and islandsof which the state.'
Edwyd Islands Act, 1948 (Act No.
at least the first R15 000 of value of all residential property, unless that the Minister may, in consultation with the Minister of Finance, from time to time, increase this monetary limit to reflect inflation; and property or a category of properties identified in terms of subsection (3),or rates above the specified limit on such property or category of properties.
give notice to the relevant municipality or municipalities that a rate, or a rate above the specified limit, on that property or category of properties is disallowed in terms of subsection (2)(i).
A notice issued in terms ofsubsection (3) must give the reasons why a rate on that propertyor category of properties, or a rate above the specified limit on that property or category of properties, would materially and unreasonably prejudice a matter listed in paragraph(a)to (c) of subsection (1).
The ratio referred to in subsection (l)(b) may only be prescribed with the concurrenceof the Ministerof Finance.
Limits on annual increasesof rates by which a rate on property may be increased.
The Minister may on good cause exempt a municipality from a limit set in terms of subsection(1).
75 per cent of the rate for that year otherwise applicable to the property.
A rate levied on new rateable property or on propertyof which the owner is a land reform beneficiary may not be higher than the rate levied on similar property or categoryof property in the municipality.
The MEC for local governmenpinay extend the phasing in period referred to in subsection (1) to a period which together with the initial period does not exceed six financial years.
Whenextendingaphasing in period, the MEC for local government must determine the maximum percentage of the rate payable during each financial year in the extended period.
Special rating areas define an area within that municipality as a special rating area; and levy an additional rate on property in that area for the purpose of funding for improvements exclusivelyin that area.
must obtain the consent of the majority of the members of the local community in the proposed special rating area that may be required to contribute to the additional rate; and may establish a committee composed of persons representing the community in that area to act as a consultative and advisory forum for that municipality on the improvements to be effected in it, provided gender representivity is taken into account when such committeeis established.
Subsection (1) does not preclude a municipality from using its resources derived from sources other than an additional rate to fund improvements anywhere in that municipality, including a special rating area.
Part A of the register consists of the valuation roll.
a rebate on or a reduction in the rate in terms of section 14; and a phasing in of the rate in terms of section 18.
The register must be open for inspection by the public during office hours.
A municipality must review the \ register at least annually.
9 of the Municipal Systems Act.
Joint owners of property other than property in a sectional title scheme are jointly and severally liable for the amount due for rates.
A municipality may not recover the rate, or any part of it, from the body corporate controlling a sectional title scheme.
A body corporate controlling a sectional title scheme may not apportion and collect rates from the owners in the scheme.
of the sectional title units in a single amount annually or in periodic instalmentsof equal or varying amounts; or in special cases, as may be agreedwith the owner of the property.
Ifarate is payable in asingleamountannuallyitmustbe paid before a day determined by that municipality.
If it is payable in instalmentsit must be paid before a day in each period determined by that municipality.
v in the case of an additional rate referred to in section 19, the amount and the purpose of the rate.
A person who has not received a written account in terms of subsection (1) must enquire from the municipality's office the amount due for rates and, on receipt of such information, is liable for payment of such rates.
If anamountdueforrateslevied in respect of apropertyis unpaid after the day determined in terms of section 23(2),a municipality may recover the amountin whole or in part from a tenant of occupier of the property.
The amount a municipality may recover from the tenant or occupier of the property is limitedto the amount of the rent or other money due and payable by the tenant or occupierto the ownerof the property.
Any amount a municipality recovers from the tenant or occupier of the property may be set off by the tenantor occupier against any money owed by the tenant or occupier to the owner.
If anowner of aproperty is absent, amunicipalitymayrecover the amount duefor rates on the propertyin whole or in part from'the agent of the owner or other person receiving rent for the property on behalf of the owner.
A municipality may recover the amount due for rates from an agent of the owner or person receiving rent for the property on behalf of the owner, only after it has given written notice to that agent or person.
The amount a municipality may recover from the agent or other person is limited to the amountof that rent received by the agent or that person after written notice has been given by that municipality to that agent or person inofterms subsection (2), less the commission due to that agent or person, subject to the Estate Agents Act, 1976 (ActNo. 1 12of 1976).
The agent or other person must, on request by a municipality, furnish that municipality with a written statement specifying all payments for rent on the property received by that agent or person during a period determined by that municipality.
General valuation and preparation of valuation rolls a general valuation to be made of all rateable properties in a municipality subject to subsection (2); and a valuation roll of all those properties to be prepared.
Forthepurposes of a generalvaluation, amunicipalitymust fix a period that may not be more than nine months before the beginning of a financial year in which theroll is to be first implemented.
The general valuation must reflect the value of properties, determined in terms of this Act, as at the date of valuation.
42; and remains valid for that financial year or for one or more subsequent financial years as that municipality may decide, but intotal not for more than four financial years.
At the requestof a municipality, the MEC for local government may extend the period for which a valuation roll remains valid to five financial years.
A municipal manager may designate one or more officials of a municipality as assistant municipal valuers to assist a municipal valuer with the performance of any of the functions set out in subsection (1).
of of one of them as their municipal valuer.
A municipal must be a person registered as a valuer or an associated valuer in terms of the Property Valuers Profession Act,2000 (Act No. 47 of 2000); and may not be a councillor of that municipality.
or a valuer in training in terms of the Property Valuers Profession Act,2000; and may not be a councillor of that municipality.
by the municipal valuer may, between07:30am and0500pm, enter upon and inspect any property that must be valued for purposes of this Act.
A municipal valuer or assistant municipal valuer whois not an official of a municipality, must comply with the Code of Conduct asif that person is such an official.
A decision to dismissamunicipalvaluer or assistantmunicipal valuer in terms of subsection (3) must be based on a finding by an enquiry conducted in terms of the Labour Relations Act,1995 (Act No. 66 of 1995).
A municipal valuer or assistant municipal valuer who is not an official of a municipalitywho contravenes or fails to comply with subsection(1) is guilty of misconduct, andis subject to his or her contract of employment being rescinded.
Propertymustbevalued in accordancewithgenerally recognised valuation practices, methods and standards, and the provisions of this Act.
If the available market related data of any category of rateable property is not sufficient for the proper application of subsections (1) and (Z),such property may be valued in accordance with any mass valuation. system or technique approved by a municipality concerned and as may be appropriate in the circumstances, including a valuation system or technique based on predetermined bands of property value and the designation of those bands on of properties to one the basisof minimal market related data.
Subject to the provisions of this Act, the improvedvalue of property must be the amount the property would have realised ifsold on the dateof valuation in the open market by a seller to a buyer.
the value of the property must reflect any licence or privilege relating to the property;and the value of any improvement that was erected or is being used in contraventionof a conditionof title or any legislation, including a provision of a town planning or land use scheme, must be inc!uded as if the improvement was erected and is being used lawfully.
Valuation of property in sectional title schemes of each sectional title unit in the scheme in accordance with section39.
In this section, a word or expsssion to which a meaning has been assigned in the Sectional Titles Act, has the same meaning.
the postal address of the owner; and any other prescribed particulars.
inviting everypersonwhowishes to lodge arc objection in respect of any matter in, or omitted from, the rollto do so in the prescribed manner within the stated period; and serve on every owner of property listed in the valuation roll a copy of the notice referred to in paragraph(a)together with an extractof the valuation roll pertaining to that owner's property.
Inspection of, and objectionsto, valuation rolls inspect and make extracts from the roll during office hours; and lodge an objection with the municipal manager against any matter appearing on or omitted from the roll.
An objection in terms of subsection (1) (6)must be in relation to a specific individual property and not against the valuation roll as such.
A municipal manager must assist an objector to lodge an objection if that objector is unable to read or write.
A municipal council may also lodge an objection with the municipal manager concerned against any matter appearingoronomitted from the roll.
in terms of section 44.
The lodging of an objection does not defer liability for payment of rates beyond the date determined for payment.
decide objections on facts, including facts submitted by an objector, and, ifthe objector is not the owner, by the owner; and ' (c) adjustthevaluationroll in accordance with thedecisionstaken.
Anyadjustmentsmadetoavaluation roll in terms of section 44(c), takes effect on the effective date.
recover from, or repay to, the person liable for rates the difference determined in termsof paragraph (a).
a municipal valuer must give written reasons to a municipal manager; and that municipal manager must submitto the relevant valuation appeal board that municipal valuer's decision, the reasons for the decision and all relevant documentation for review.
any adjustments made to the valuation roll following the decision.
Within 30 days after such notification, such objector or owner may apply to that municipal valuer, in writing, for the reasons of the decision.
I fee.
30 days of the date on which the decision was taken.
An appeal lodged in terms of this section does not defer a person's liability for paymentof rates beyondthe date determined for payment.
The MEC for localgovernmentmust, bynotice in the provincial Gazette, establish as many valuation appeal boardsin the province as may be necessary, but not less than one in each district municipalityand each netropolitan municipality.
Functions to hear and decide appeals against the decisions of a municipal valuer concerning objections to matters appearing on, or omitted from, the vaiuation roll of a municipality in the area for whichit was established in terms of section 49; and to review decisions of a municipal valuer submittedto it in terms of section 46.
52 No. 24589 GOVERNMENT GAZETTE, 18 MARCH 2003 not less than twoand not more than four other members with sufficient knowledge and experienceof the valuation of immovable property and methods of valuation.
Thechairpersonandmembers of theappealboardare appointed by theMEC for local government giving due consideration to the gender balance of the valuation appeal board.
A person may be a member of more than one appeal board.
a person declared to beof unsound mindby a court of the Republic; or a person who, after 24 April 1994, was convicted of an offence and sentenced to imprisonment without an optionof a fine for a periodqf not less than12 months.
A disqualification in terms of subsection (1) (d) ends five years after imprisonment has been completed.
A member of an appeal board who is a councillor or an employee of a municipality must withdraw from the proceedings of the board if a matter concerning that municipality's valuation roll is considered by the board.
The term of office of members of an appeal board is four years, but members are eligible to be re-appointed.
The Ministermust, afterconsultationwiththe MECs for local government, determine the conditions of appointment of members of the appeal board.
The municipality or municipalities for which the appeal board was established in terms of section49 must remunerate the members of an appeal board in accordance with their conditions of appointment and the directions of the MEC for local government.
may not use the position or privileges of a member for private gain orto improperly benefit another person; or may not act in any other way that compromises the credibility, impartiality, indepecdence or integrity of an appeal board.
A memberof an appeal board who contravenes or fails to comply with subsection(1) is guilty of misconduct.
is no eligible or longer to be a member;.
The MEC for local government may removefrom office a member of an appeal board but only on the grounds of misconduct, incapacity or incompetence.
The MEC may suspend a member of an appeal board who is under investigation in termsof subsection (3).
If the chairperson is absent or not available, or if there is a vacancy in the office of a chairperson, the other members of an appeal board may elect one of them to preside at the meetingor to act as chairperson.
Anappealboardmayrequire a municipality whosevaluationroll is under consideration to provide it with the necessary office accommodation and other administrative assistance, including staff for the board.
60. Anappealboardmaydetermine its internal proceduressubject to any procedures that may be prescribed for its proceedings to dispose of appeals.
A question before an appeal. boardis decided by a'supporting vote of at least a majority of the membersof an appeal board.
A municipalvaluermustadjust the valuation roil in accordance with the decisions taken by an appeal board.
Any adjustments made to a valuation roll in terms of subsection takes effect on the effective date.
If an adjustment in the valuation of a property affects the amount of the rate payableon that property, a municipal manager must-calculate the amount actually paid on the property since the effective date; and the amount payable in terms of the.adjustment on the property since the effective date; and recover from or repayto the person liable for rates on that property the difference determined in termsof paragraph (a).
Whenanappealboardgives its decision it may-issue an order with regard to costs that do not exceed an amount equal to the costs between party and party calculated in accordance with the highest scale applicable in civil casesin a court established for a district in terms of the Magistrates' Courts Act, 1944 (Act32of 1944); and order any person whose appeal or opposition to an appealinis, its opinion, in bad faith, or frivolous, to compensate the municipality concerned infull or in part for the fees and allowances of appeal board members and other costs incurred by a municipality in connection with the appeal.
to assist it in the performance of its duties.
When appointing members to% committee an appeal board is not restricted to members of the appeal board.
An appeal boardwhichestablished a committee maydissolve that committee at any time.
Section 54, read with the necessary changes as the context may require, appliesto the conditions of appointment of committee memberswho are not members of an appeal board.
Subject to the Constitution andanyotherlawthatrestrictsor prohibits entry, a member of, or any other person authorised by, an appeal board may, between07:30am and0300pm, enter upon and inspect any property thatis the subjectof an appeal or review.
in writing, require the owner or occupier of that property, or the agent of the owner or occupier, to give that member or person written particulars regarding that property which that member or person reasonably believes is necessary for the valuation.
forthepurpose of legal proceedings;or in terms of an order of court.
retain for three years a document produced in terms of paragraph (a)(ii) or (b)(ii).
Fees referred to in paragraph (a) must be paid by the relevant municipality.
The law regarding privilegeapplicableto a witness summoned to give evidencein a criminal case in a court applies to the questioning of a person in terms of subsection (1).
Anycostsawarded in any legal proceedings against an appeal board must be borne by the municipality concerned.
TheMinistermaymonitor, andfromtime to time, investigate and issue a public report on the effectiveness, consistency, uniformity and application of municipal valuationsfor rates purposes.
studies of the ratio of valuations to sales prices; and other appropriate statistical measures to establish the accuracy of the valuations, including the relative treatment of higher value and lower value property.
GOVERNMENT 18 MARCH 2003 any matter which in the opinion of the Minist; is necessary for the effective carrying out or furtherance of the objects of this Act.
declare a contravention of, or failure to comply with, any specific regulation an offence.
(0 fails to comply with a request in terms of section 26(4) to give information or wilfully supplies false or incorrect informationin any material respect.
A valuer is guilty of an offence if that valuer is grossly negligent in the exercise of the functions of office set out in section 31.
A person convicted of an offence in terms of subsection (1) or is liableto imprisonment not exceedingtwo years or to a fine as may be prescribed in applicable national legislation.
A person convicted of an offence in terms of section 71(2) is liable to a fine or imprisonment not exceeding six months.
This Act prevails in the event of any inconsistency between this Act and any other legislation regulatingthe levying of municipal rates.
Municipalvaluationsandproperty rating conducted beforethe commencement of this Act by any municipality remain valid to the extent that they comply with provincial and national legislation that existed before the commencement of this Act.
Any reference inprior provinciallegislation regulating property rates or valuations toa "local authority,'' "local council," "metropolitan local council," rural council" or other unitof local government is deemed to refer to the metropolitan municipality or local municipality within whose jurisdiction a property is located.
In the case of District ManagementAreas, anyreference in prior provincial legislation regulating property rates or valuations to a "local authority" or other unit of local government is deemed to refer to the successor district municipality within whose jurisdiction a propertyis located.
If a municipality uses valuation rolls in terms of subsection (1) that were prepared by different predecessor municipalities, the municipality may impose different rates based on the different rolls, so that the tax on similarly situated properties is similar.
This section lapses four years from the promulgation of this Act, and from that date any valuation roll that was of in force before the commencement this Act may not be used.
Section 22 does not affect the liability of a body corporate of a sectional title scheme to a municipality, a sectional title unit to the nor of the ownerof body corporate, for propeny rates levied against a valuation roil prepared before commencementof this Act.
Amendment of section 115 of Act 32of 2000 77.
amended to the extent indicated in the second column of the Schedule; and repealed to the extent indicated in the second column of the Schedule.
This Act is called the Local Government: Property Rates Act, 2003,and comes into operation on a dateto be determined by the Presidentby proclamation in the Gazette.
Title, No. and Year of Law Extent of amendment or repealNo.
(Ordinance42 No.
19, 20 and 21 9. I MunicipalAmendmentOrdinance, 7 980 (Ordinance 1 Sections 7 to 11 NO.
(Ordinance No.
Municipal Second Amendment Ordinance, 1983 (Ordinance No.
Divisional Councils Second Amendment Ordinance, 1983 (Ordinance No.
Municipal Amendment Ordinance, 1986 (Ordinance No.
No. 1 Title, No.
1 GlencoeRateExemptionOrdinance.1941 1 The whole (Ordinance No.
Development and Services Board Ordinance, 1941 Sections 8, 17(l)(d), @Ibis,(d)ter(Ordinance No.
Ordinance, 1942 (Ordinance No.
Pietermaritzburg Extended Powers Ordinance, 1942 Sections 3 and 11 (Ordinance No.
Local Health commission (Public Health Areas Section 2(1) and 4(l)(a) and (2) Control): Amendment Ordinance, 1954 (OrdinanceNo.
Weenen Town Board Water Rates Ordinance, 1957 The whole (Ordinance No.
Incorporated Area Rates Adjustment Ordinance, The whole 1958 (OrdinanceNo.
Local Health Commission (Public Health Areas Section 9(a) and (b) Control): Amendment Ordinance, 1954 (Ordinance No.
Local Health Commission (Public Health areas Section 2 Control): Amendment Ordnance, 1971 (Ordinance No.
Local Authorities Ordinance, 1974 (Ordinance No.
Local Authorities Amendment Ordinance, 1975 Section 2 (Ordinance No.
Local Authorities Amendment Ordinance, 1976 Sections 3 and 4 (Ordinance No.
1976 (Ordinance, 1976 (Ordinance No.
Amendment Ordinance, 1978 Ordinance NO.
72 No.
No. Title, No.
Local Authorities Second Amendment Ordinance, Sections 3 and 4 19.
Local Authorities Second Amendment Ordinance, Sections 2 and 3 1979 (Ordinance No.
Durban Extended Powers: Amendment Ordinance, Section 14, 15 and 16 22. Section 3 Pinetown Extended Powers Ordinance, 1979 (Ordinance No.
Local Authorities Fourth Amendment Ordinance, Section 8 24.
Durban Extended Powers: Amendment Ordinance, Section 6 and 7 26. Local Authorities Second Amendment Ordinance, Sections 7 and8 27. Durban Extended Powers: Amendment Ordinance, Section 6 1981 (Ordinance No.
Local Authorities Second Amendment Ordinance, Section 2 29.
Local Authorities Second Amendment Ordinance, Sections7 to 11 31. Durban Extended Powers: Amendment Ordinance, Section 4 32. Local Authorities Third Amendment Ordinance,1982.
Local Government Amendment Ordinance, 1963 (Ordinance No.
Local Government Amendment Ordinance, 1966 (Ordinance No.
Local Government Amendment Ordinance, 1967 (Ordinance No.
Local Government Amendment Ordinance, 1968 (Ordinance No.
Local Government Further Amendment Ordinance, 1968 (Ordinance No.
Local Government Amendment Ordinance, 1971 (Ordinance No.
Local Government Amendment Ordinance, 1972 (Ordinance No.
Local Government Amendment Ordinance, 1975 (Ordinance No.
Local Government Further Amendment Ordinance, 1977 (Ordinance No.9 of 1977) Local Government Third Amendment Ordinance, (Ordinance No.
Local Government Amendment Ordinance, 1979 (Ordinance No.
LocalGovernment Amendment Ordinance, 1982 (Ordinance No.
Local Government Further Amendment Ordinance, 1982 (Ordinance No.
Local Government Amendment Ordinance, 1985 (Ordinance No.
Local Government Amendment Ordinance, 19861 (Ordinance No.
Local Government Ordinance, 1939 OrdinanceNo.
I (Ordinance No.
I Local GovernmentAmendmentOrdinance,1978 1 (Ordinance No.
Local Authorities Rating Amendment Ordinance, 1980 (Ordinance No. 15 of 1980) Local Authorities Rating Amendment Ordinance, 1981 (Ordinance No. 7 of 1981) Local Authorities Rating Amendment Ordinance, 1982 (Ordinance No.
Local Authorities Rating Amendment Ordinance, 1983 (Ordinance No. 10of 1983) Local Authorities Rating Amendment Ordinance, 1984 (Ordinance No.
Promotion of Local Government Act, 1984 ActNo.
No. I Title, No.
I Rating of StatePropertyAct,1984Act No.
I LocalAuthoritiesAffairsAmendmentAct,1991 I Sections6 and 7 (Act No.
Western Cape Law on the Amendment of the Section 2 Divisional Councils Ordinanceof 1976, 1994 (Law No.
Local Government Ordinance Amendment Act, Section 11 1997(Act No.
Local Government: Municipal Systems Act, 2000 Section 115 amended (Act No.
Constitution (See in this regard section 229(1) of the Constitution). "Property" is not defined in the Constitution and is construed in context to mean land including any immovable propertyon or in the land or under the surface of the land. It includes all land in the Republic asthewholeoftheterritory of theRepublic is covered by municipalities. The constitutional power conferred on municipalities to levy property municipalities to exercise this power solely within their own discretion.
the national mobility of goods, services, capitalorlabour.
And secondly, section 229 (2) (b)allows national legltation to regulate the exercise of this power by municipalities.
rates in these areas; and providing uniform national rules regarding valuation and appeals, rating policy, and rate setting.
Chapter 1 of the Bill defines the terminology used in the Bill.
Chapter 2 of the Bill deals with rating.
Rates on site only or improvements only are disallowed. The rate may either be a rate based on the improved value of property or a flat rate for property within a specified valuation band, provided the band is below a prescribed valuation limit.FIat rates would accordingly only apply to areas where valuations are at the lower endof the scaie.
In terms of chapter 2 rates, withcertainexceptions, mustbeimposedonall rateable property within the municipality. The aim is that municipalities should not be selective in targeting properties for rating purposes. This provision obviously serves transparency, but is also to a perspective of a necessaryestablishclear municipality's potential revenue capacity in terms of property tax. Where there is a need to alleviate the tax burden, for instanceon the poor, the Bill envisages that this should bie effected by way of taxexemptions, rebates and reductions.
differentrates on differentcategories of residentialproperties; levy a rate on non-residential property that exceeds a prescribed ratio to the rate on residential properties; or levy rates which unreasonably discriminate between categories oi commercial properties, industrial properties or agricultural properties.
public service infrastructure, such as nationaland provincial roads, power lines running across municipal boundaries, etc.
acategory of stateproperty identified by the Minister of Finance bynotice in the Gazefte in respect of which a ratewould materially and unreasonably prejudice national economic policies, economic activities across municipal boundaries, or the national mobilityof goods, services, capital and labour.
To discourage unreasonable hikes in property rates, chapter 2empowers the Minister, actingwith the concurrence of the Minister of Finance, to set alimit, by noticeinthe Gazette, onthepercentzgebywhich rates on propertymaybe increased annually. Italsoprovides for the phasing in of rates on newlyrateable property or on property of which the owner is a land reform beneficiary. Chapter 2 in conclusion provides for additional rates to be levied in special rating districts to fund improvements exclusively in that district.
Chapter 3 of the Bill regulates liability for property tax and states the general principle that the owner of a propertymustpay the rates on the property. Joint ownersare jointly and severally liable for rates, but in the case of a sectional title scheme the owner of each sectional title unit must pay the rate on the unit. The body corporate in sectional schemeswouldnolonger be responsible for collecting and payment of rates.
82 No. 24589 GOVERNMENT GAZETTE, 18 MARCH 2003 collection of rates, the Bill contains a number 6T -additionalprovisions. These provisions relate to the method and time of payment of rates, the obligation on the municipality to furnish accountsandtherecovery of arrearsfromtenantsand occupiers and absent owners.
Chapter 4 of the Bill providesforthepreparation and implementation of a valuation roll of rateable property in a municipality. The aim of this and following chapterswasmainly to simplifytheexisting, extremelycumbersome, process of establishing valuation roils.
In terms of the new process each municipality must appointa municipal valuer to value all rateable properties in the municipality, to prepare the valuation roll andto submit the roll to the council. Two or more municipalities may by agreement appoint the same person as municipal valuer. A person who is not a municipal official may be appointed as municipal valuer only through an open, competitive and transparent 'process. A municipalvaluermust be a person registered as a valuer in terms of legislation regulating the valuers profession, but a councillor may not be appointed.
Municipal valuers will replace the existing valuation boards.
A valuation roll becomes effective as from the start of a financial year and remains valid for a period of up to four years.
Chapter 5 provides for the criteria in terms of which property must be valued. The general principle is that property must be valued according to its market value, i.e. theamount the property would realise if soldin the open market by a willing seller to a willing buyer. The techniques that may be used must accord with generally recognised valuation practices, methods and standards, and also the provisions of theBill. These include aerial photographyandcomputer assisted mass appraisal systems.
In the case of sectionaltitleschemes, eachsectional title unit must be separately valued.
Chapter 6 regulates the contents and processing of valuation rolls. It requires all rateable property to be listed on the roll, together with relevantdetails about each property and the owner.
Once a valuation rollhasbeencompleted and submitted by the municipal valuer to the municipality, the municipal manager must without delay give notice in the media that the roll is open for public inspection and that any person who wishes to lodge an objection against any entry in the roll may do so within a stated period. All objections received must thenbeconsideredanddecidedby the municipal valuer. If the municipal valuer agrees with an objection, the valuation roll must be adjusted accordingly.
10 percentupwardsordownwards, themattermust be referred to the valuation appeal board for review.
The lodging of an objection does not defer IiaBtfity for payment of rates, but if anadjustment to the valuation roll followingasuccessfulobjection affects the amount of the rate payable by the owner, the municipal manager must calculate the differenceandeitherrepay or recover the difference from the owner.
The municipal valuer's decision on any objection is not final, and an objector who is not satisfiedwith the decision, apropertyownerwho is affected by the decision or even the municipalcouncilmayappeal against the decision io the valuation appeal board.
proposed that the function to establish these appeal boards be vestedin the MEC for local government in a province. The MEC may establish as many boards as may be neededbutatleastone in each metropolitan municipality and one in each district municipality.
An appeal board must consist of a chairman who must be a person with legal qualifications and not less than two or more than four other members with sufficient knowledge and experience of the valuation of immovable property and methods of valuation. The municipalities would be liable for the cost of valuation appeal boards.
2.8 Chapter 8 provides for, but atthe sitme time strictly controls, supplementary valuations.
Included in chapter 8 are miscellaneous matters pertaining to the Bill, such as to monitor municipal valuations, to promulgate regulations in order to enhance the effectivenessof the Bill and to render certain actions criminally punishable.
Italso contains transitional arrangementswhichwould, for instance, enable municipalities to use existing valuation rolls upto 4 years from the promulgation of this Bill.
The Bill was published for public commentandappropriately adjusted in view of comments received.
Department of Minerals and Energy; 4 -.
theactual rate municipalities levy on state property.
provisions. The financial implications for local government will be quite positive.
With a broadened tax base, municipalrevenuepotential will be significantly enhanced.
74 or 76 of the Constitution appiies.
<fn>GOV-ZA.245limpopoigfspeechbyactingministernathimthethwa2En.2012-02-10.en.txt</fn>
Premier Mathale, we are indeed greatly honoured to address your Intergovernmental Forum, which is made up of all spheres of the Limpopo Provincial government.  As we understand it, this august body constitutes a concrete expression of the constitutional imperatives of cooperative governance. It also symbolises the understanding that if we are to ensure an accelerated delivery of services as mandated and expected by our communities, we need to work even closer as the three spheres of government in partnership with all sectors of society, including the communities we serve.
Ladies and Gentlemen in appreciating this honour that has been extended to CoGTA, it is important that we remind ourselves that Cooperative Governance refers to a set of internal and external mechanisms and controls which enable stakeholders to define and ensure the attainment of co-operative objectives, securing their continuity and co-operative principles. The name "Cooperative Governance", gives effect to the provisions of Chapters 3, 6, 7 and 12 of the Constitution, with Chapters 3 and 12 as fundamental priorities for execution.
A cohesive, coherent and integrated government delivery machinery that is seamless and responsive to service delivery needs of South African citizens in a more holistic manner.
A streamlined service delivery by all spheres of government which while autonomous, will nonetheless work together, co-operate in mutual trust and act in good faith.
A government that does its business in such a manner that a better life for all is in fact achieved through a better co-ordination of basic services.
Development of efficient and coherent systems, processes, structures to ensure that the machinery of government is enabled in discharging its service delivery and developmental agenda.
To close the gap between the government and the governed. In an effort to meet the challenge of Co-operative Governance, the three spheres of government have since democracy developed intergovernmental forums at national and provincial level dealing with issues of alignment, integration and coherence. These structures include the President's Coordinating Council, the MinMEC, the Budget Forum and others. However, it is important to note that after 15 years of democracy in 2009, the ANC-led government saw it fitting to now have a department whose mandate is to coordinate the work of government. Thus CoGTA came to be born under the leadership of His Excellency, President Zuma.
Premier, the role that structures like this Forum have played in our steady progress as a nation cannot be undermined. Indeed since 1994, the ANC-led government has made commendable strides in ensuring that all South Africans regardless of race, colour or creed have access to basic services, access to equal opportunities and respect for basic human rights which are protected by our constitution.
Government has definitely put in place key interventions to ensure that national, provincial and the local spheres work together in ensuring a better life for all South Africans.
The Local sphere of governance is at the coal-face of delivery, therefore its performance at the community level is the citizens' measurement of whether government is living up to the manifesto promises. On that note Premier let us take this opportunity to welcome the newly elected councillors, who are coming in with a huge responsibility placed on their shoulders. The expectations, after 17 years of democracy, are at possibly the highest that they had ever been. We are alive to the fact that Councillors will not be able to deliver on those promises and manage those expectations on their own. Councillors need the support of all of us and it is through these kinds of Forums that we can ensure that there is coherence, coordination and integration in how Government works. CoGTA is working with SALGA in making sure that the Councilor Induction Programme currently underway is rolled out in such a way that our Councilors are enabled to hit the ground running.
One of the key areas the Councillors are being inducted on is in understanding the LGTAS.
Strengthen partnerships between local government, communities and civil society.
In recognition of the fact that municipalities are unique and different in many respects, Municipalities have also developed Municipal Turn Around Strategies (MTAS). Through the MTAS, the municipalities will work through their unique circumstances and challenges towards achieving the objectives of the LGTAS. The LGTAS has been used as the basis for the Delivery Agreement on Outcome 9 which the Minister has signed with the President the MECs and Executive Mayors. Achieving the objectives of the LGTAS still remains the measurement on which your performance will be judged come 2014. Outcome 9 talks about achieving a Responsive, Accountable, Efficient and Effective Local Governance system by 2014.
One of the key pillars of the LGTAS is Operation Clean Audit 2014. The main purpose of Operation Clean Audit 2014 is to address challenges faced by municipalities and provinces with the management of audits, especially audit findings and queries from the Auditor-General. The goal of the campaign is to seek to achieve Clean Audits in Municipalities and Provincial Government departments by 2014.  It is an achievable objective. One of the seven Municipalities that achieved clean audits in the 2009-2010 Audit Outcomes is Fetakgomo Local Municipality in this Province. It is a small rural Municipality that few would expect not to have the capacity to manage its finances in a manner that results in them achieving a clean audit. This is a huge achievement, and I am sure Premier you were suitably impressed and happy about that achievement.
Clean Cities & Towns (incl.
Another pillar on which the LGTAS stands is the Clean Cities and Towns campaign, which has already been launched in the Eastern Cape. We expect to have rolled out the programme in all the Provinces by the end of this financial period.
The campaign will focus on coordinating efforts from all relevant stakeholders across the country towards greening initiatives, public education campaigns to promote beautification and cleaning of cities and towns. This campaign is designed to ensure that we create an enabling environment to attract investors in municipalities, a healthy environment for the communities as well as job creation.
Another key pillar of the LGTAS that we seek your cooperation and support in is the Community Work Programme. The purpose of the CWP is to provide an employment safety net for those with no access to opportunities that can lift them out of poverty.
It is able to fast-track capacity to the local level in areas where other institutions are weak - in ways that complement and strengthen local capacity over time.
It strengthens the 'economic agency' of those who are economically excluded, creating an alternative to 'dependency'.
Honourable Premier, there would be no better way to honour our iconic leader,  Nelson Rolihlahla Mandela, whose 93rd birthday the whole world celebrated on Monday July 18th than by discharging of our duties faster for our fast becoming impatient communities. Success in delivering faster and smarter to our communities also lies in our commitment to the principles of co-operative governance and intergovernmental relations. This Forum is but one cog in enabling government to deliver a better life to all our people.
Premier Mathale we wish you fruitful deliberations in this sitting of the Limpopo Province Premier's Inter-Governmental Forum.
<fn>GOV-ZA.245limpopoigfspeechbyactingministernathimthethwaEn.2012-02-10.en.txt</fn>
President Jacob Zuma will deliver a keynote address at the Freedom Day national celebrations at the Union Buildings lawns, Pretoria.
<fn>GOV-ZA.24608En.2012-02-10.en.txt</fn>
TheMinisterofHome Affairs hereby publishes the draft Electoral Bill, 2004,whichwassuggested in the majority Report of the Electoral Task Team established by Cabinet and chaired by Dr F. van Zyl Slabbert which, pursuant to a Cabinet decision, is to be handled by the Parliament empowered through the 2004 elections. The draft Bill contains a new electoral system which Parliament may consider in respect of the 2009 elections and beyond.
matters connected therewith.
"Electoral Act"means the Electoral Act, 1998 (Act No.
"ElectoralCommissionAct" means the Electoral Commission Act,1996 (Act No.
"municipality",as a geographical area, means an area determined in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No.
Structures Act, 1998 (Act No.
"ward" means a ward referred to in item 2 of Schedule 1 of the Municipal Structures Act.
This Act applies to allelections of members of theNationalAssemblyand provincial legislatures held after the coming into operation of this Act.
Commissionthe Demarcation must administer this Actin a manner conducive to free and fair elections.
Metropolitan constituencies divided boundaries must form the basis on which constituencies are divided.
10 No. 24608 GOVERNMENT GAZETTE.
denote such names in such fixed order of preference as the party may determine.
(b)and(c)shall be reduced bythenumber ofseatsprovisionally allocated to it in terms of section 130 and the results shall indicate the party's provisional allocationof the seats in terms of section lO(b).
(9 Theaggregate of aparty'sawards in terms of paragraphs(d) and (e) in respect of such constituency shall, subject to section (4), indicate that party's final allocation of seats reserved under section 1O(a) for that constituency.
(d)and(e) shall be reduced bythenumberofseatsfinally allocatedto it in terms of section13(g),andtheresultshall, subject to subsection (4), indicate that party's final allocation of the seats referred to in section 1O(b).
A seat finally allocated to a party in respect of a constituency, shall, for the purposes of subsection (l)(a), be filled only from such party's list for that particular constituency.
The remainder of seats from provincial lists submitted by the respective parties.
The of in constituency a for purposes of an election of that provincial legislature must be determined by dividing the total number of registered voters in a particular constituency with the quota determined in section 20.
Where the resultof the calculation in subsection(1) yields a surplus not absorbed by the number of seats reserved for constituencies, such surplus shall compete other surpluses toother with similar accruingany constituency, and any seat or seats not awarded in terms of subsection(1) shall be awarded to the constituencies Concernedin sequence of the highest surplus, andsuchallocationwill be the finalallocation of seatsto constituencies.
the referredin more constituencies is equal, the seat must be awarded to the constituency that has the most registered voters.
a constituency list, contain the names of not more than the number of candidates to be elected in each constituency plus a provincial list, the names of not more than the number of seats to be two candidates: and allocated from such provincial list.
The provisions of Chapter 5 of this Act, with the exclusion of sections 10 and 11, must mutantis mufandis apply to the election of provincial legislatures, and any reference in that chapter to national or nationally must be construed to be a reference to provincialor provincially, and any reference to a national list must be construed to be a reference to a provincial list.
Followingthedesignation in terms of subsection (I),if a candidate's name appears on more than one list for the National Assembly or on more thanone list for a provinciallegislature or onmorethanonelistfora constiuency or onlistsforboththeNational Assembly and a provincial legislature (if elections of the National Assembly and provincial legislature are held at the same time), and such candidate is due for designation as a representative in more than one case, the party which submitted such lists shall, within two days after the said designation, indicateto the Commission from which list such candidate will be designatedor in which legislature the candidatewillserve, asthecasemaybe, inwhicheventthecandidate's name shall be deleted from the other lists, and the next name that appears on such list shall move upwards on such list.
Commission forthwith theof of representatives in the legislatures.
Supplementation of lists of candidates prior to the designation of representatives in terms of section27.
(a)arepresentative is electedasthePresidentor to any other executive office as a result of which he or she resigns as a representative in a legislature.
Thenumberofnamesonlists of candidatesassupplemented in terms of section 30 shall not exceed the difference between the number of seats in the National Assembly or a provincial legislature, as the case may be, and the number of representatives of a partyin any such legislature.
no more than 25 per cent of candidates may be replaced; and the fixed order of lists may be changed.
Candidates'listssupplementedinterms of sections 29, 30,and31or reviewed in terms of section 32 shallbepublished by theSecretaryto Parliament and the Secretaries of the provincial legislatures within 10 days after the receipt of such lists from the parties Concerned.
(b)who is the next qualified and available person on the list.
(l), at any time change its name.
Act are suspended in respect of the first election of the National Assembly after the coming into operation of this Act.
TheprovisionsofChapter 5 and 6 aswellasSection 27(2)ofthisActare suspended in respect of the first election of a provincial legislature after the coming into operation of this Act.
Theprovisions of section 34 aresuspendeduntil the first election of the National Assembly and provincial legislatures after the coming into operation of this Act.
The other half of the seats from national lists submitted by the parties.
(b)Thenumber of seats to be awardedtoaparty for thepurposes of paragraph (d) shall, subject to paragraph (c), be determined by dividing.
(9 The aggregate of such a party's awards in terms of paragraphs (d) and (e) in respect of such province shall, subject lo subsection (3), indicate that party's final allocation of the seats determined under section 43 in respectof that province.
In the event of a party being allocated an additional number of seats in terms of this section, and its list in question then not containing the names of a sufficient number of candidates as set out in subsection (I), the process provided for in this section shallmutatis mutandis be repeated until all seats have been allocated.
<fn>GOV-ZA.24634En.2012-02-10.en.txt</fn>
ThedraftMiningTitlesRegistrationAmendmentBill2003ishereby published for comment.
Words bold type indicate squarefrom existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
To amend the Mining Titles Registration Act, 1967 (Act No.
2002 (Act No. 28 of 2002); to repeal obsolete provisions; and to provide for matters connected therewith.
Act No. 14 of'1991 and substltutedby section 1of Act NO.
NO.
"closure certificate" means a certificate issued in terms of section 43 of the Mineral and Petroleum Resources Development Act. 2002(Act'No.28 of 2002); 'diaaram' means a document containina qeometrical, numerical and verbal representations ofa piece of land, line, feature or area formina the basis for reaistration of a real right and which has been sianed bv a person recoqnised under any law then in force as a land survevor. or whichhas been approved.
Act, 2002 (Act No. 28 of 2002); 'financial provision' means the financial provision as defined in terms of section 1of the Mineral and Petroleum Resources Development Act, 2002 (ActNo.
'. in so fir as the person so recognized or such judicial manager or liquidatoris acting within the authority conferred on'himby law; means the holder as defined in terms of section 1of the Mineral and Petroleum Resources DeveloDment Act, 2002 (ActNo.
(0 the insertion after the definition of 'Master' of the following definitions: 'mininq permit' means a permit granted in terms of section 27(6) of the Mineral and Petroleum Resources Development Act. 2002 (ActNo.
the substitution for the definition of 'mortgage bond' or 'bond' of the following definition: 'mortgage bond' or 'bond' means a mortgage bond attested by the Director-General specially hypothecating any[mining title, tributing agreement, stand title, surface right permit, water right, certificateof reservationof a trading site, personal servitude or bewaarplaatsor any registered lease or sub-lease]riahts aranted in terms of the Mineral and Petroleum Resources DevelopmentAct, 2002 Act No.
17(1) of the Mineral and Petroleum Resources DeveioDment Act. 2002(Act No.
the insertion after the definition of 'surface fight permit' of the following definition: 'technical co-operation Permit' meansa permit issued interms of section77(1)'ofthe Mineral and Petroleum Resources DeveloDment Act.2002 (Act No.
the substitution for the expression "Supreme Court"wherever it appears of the expression "High Court". Substitution of section 2 of Act 16 of 1967 2. The following section is hereby substitutedfor 2,of the principal Act: "Establishment of the mining.
[The Mining TitlesOfficeestablishedat Johannesburg by section3 of the Registrationof Deeds and Titles Act, 1909 (Act 25 of 1909), of the Transvaal, shall remain in existence notwithstanding the repeal ofthat Actby section 67 of this Act, and shallbe the Mining Titles Officefor the registration of all mining tMes stand titles andof all other rights, deeds and documents for the registration of which in such office provision is made inthis Act or any other.law.] The Mineral and Petroleum Titles RegistrationOfficeis hereby established andis the office for the reqistrationof all mineral and petroleum titles and all other related riahts.
Act. 2002 [Act No.28 of 2002 and shall be dealt with [as ifthis Act had not been passed] in terms of this Act.
No right to mlne registered or capable of being registered in the MiningTitles Office shall be deemedto be a lease of a right to mlnerals for the purpose of the Deeds Regbtratlon Act, 1937 Act 'I7 of 19371 Anv reference to the Minim Titles Office in an! other law must be regarded as a reference to the Mineral and Petroleum Titles Registration Office establishedin terms of this Act.
Amendment of section 3 ofAct 16 of 1967 as substituted by section3 of Act No. 14 of 1991 3.
"(b) theDirector-General [mayappointor] mustdesignate one or more officers [employed at the Mining Titles Office who shall have the power, subject to the provisions ofthis Act and to the directionsof the Director-General, todo any act or thing which may lawfully be done]in the serviceof the deoartment to perform the functions deleaated or assigned under this Act or any otherlaw [by the Director-General]."
Amendment of section 4 of Act 16 of1967 3.
her serve original or to in lieu of the deeds documents.
Amendment of section 5 of Act 16 of 1967 as substituted by section2 of Act No. 60 of 1980 5.
examine all deeds, diagrams, plans or other documents submitted to himor her for execution, registration, recording, noting[of filing of record in his office, and after examination reject any such deed, plan or other document theexecution, registration, recording, noting or filing of whjch is not permitted by this Act or any other law to the execution, by or registration, recording, noting orfiling of record of which any other valid objection exists: provided that no suchdeed, plan or documentshall be required to be examinedin its entirety before being rejected;} or filing in his or her office; register all [mining titles and stand titles, bewaarplaatsen, certificates of beritrecht, certificates of owner's reservation, certificates of reservation of trading sites, certificates of title in respect of miningclaims, certificatesof water reservation for owners, diagrams, grants of machinery sites, grantsof water rights, mynpacht-brieven, permits to retain and treat residues, prospecting licences, plans and surfaceright permits] riahts arantedin terms of the Mineral and Petroleum Resources DeveloDmentAct, 2002 (Act NO.
production, mining and related riahts and any cession, renewal, modification, amendment, abandonment or cancellation of[a] such the substitution in subsection (1) for paragraph (e) of the following I paragraph: "register [mining] leases and sub-leases granted under any law relating to exploration.
record and fileall mining permits, retention Dermits, technical co-oDeration Permits and reconnaissance permits and Permissions"; " (iii) record and file financial provisions.
the deletion of subsection (5) (2).
Amendment of section 6 of Act 16of 1967 as amendedby section 5 of Act No.
"(b) [to] rectify anv error in any deed, diagram.
(0 the substitution for subsection (2) of the following subsection: "Where any error to be rectified in terms of subsection (1) (b) is common to two or more deeds, diagrams, plansor other documents, including any registerin the [Mining Titles] Mineral and Petroleum Reclistration Office, the error shall rectified in all those deeds, diaarams, plans or other documents."
Amendment of section 7 of Act 16 of 1967 7.
Save as is otherwise provided inthis Act orin any other law, no registered deed of grant deed of transfer, certificateof title or or other deed conferring conveying titleto any right, and no cessionof any registered mortgage bond not made as security, shall be cancelled by the Director-General except orderof upon an title to any right shall be cancelledbv the Director-General except upon an orderof court or as Provided forin this Act or any other law.
the substitution for paragraph (2) of the following subsection: 2 [Upon the cancellation as provided in subsection (1) of any deed conferring or conveying titleto any rightotherwise than by way of a mortgage bond, the deed (if any) under which suchrightwas held immediately prior to the registration of the deed which is cancelled, shall, subject to the provisions of subsection (3),be revived to the extent to which the cancelled deed related thereto, and the Director-General shall cancel the relevant endorsement thereon evidencing the registrationof the cancelled deed and make all necessary entriesin the appropriate registers.
I necessarv endorsements on the deed and related documents under which such riclht was held immediatelv prior to the cancellation, and other entries in the amroDriate reqisters.
Amendmentof section 8 of Act 16 of 1967 8.
Access to Information Act,2000 (Act No.
[to] obtain [such] any other information concerningdeeds or other documents registered, recorded or filed in [the said] that Office [asprior to the commencementof this Act could customarily be made or obtained].
dl by any sheriff or messengerof[a magistrate] thecourt tor of a Commissioner's Court, or by the deputy of any such sheriff or messenger,] in connection with the performanceof his or her functions.
I Repeal of section 9 of Act 16 of 1967 9. Section 9 of theprincipalAct is hereby repealed.
Amendment of section 10 of Act 16 of 1967 as amended by section 6(a) and (b)of Act No. 170 of 1993 10.
the time, manner and form in which[and the qualifications of the person by whom] any deed or other document required or permittedto be lodged, registered.
Mining RightsAct, 19671 Mineral and Petroleum Resources DeveloDment Act.2002. (Act No.
the records which may be destroyed in terms of [the proviso to] section 5 (1) (a); or replacedin terms of section 16) (11 (dl; and any matter which under this Act or anv other islawrequired or penitted to be prescribed.
11. [In addition to the registers he maybe required by any other law to keep, the Director-General shall, as soon as may be after thedate of coming into effectof regulations made interms ofsection 10, prepare, open and keep such registers as may be necessary to enable him to carry out the provisions of this Act orany other law.
Substitution of section 12 of Act I6 of 1967 12.
32 No. 24634 GOVERNMENT GAZETTE, 31 MARCH 2003 transitional arrangements referred to in ScheduleIIof the Mineral and Petroleum Resources Development Act,2002 Act No.
2002,to keep the corresponding register in use in the wining Titles] Mineral and Petroleum Titles Registration Office immediately prior to the commencement of this Act[and to make therein, in respect of any matter provided forin this Act, the like entries as were customarily made therein prior to such commencement].
Amendment of section 13 of Act 16 of 1967 13.
[: Providedthat no such] Subiect to the provisions of this Act no deed document [orpower of attorney] which is one of a batch of interdependent deeds[I] documents [or powers of attorney] intended for registration together, shall be deemed to be registered until all the deeds [J] documents [or powers of attorney] in the batchor the registration endorsements in respect thereof, as the case may be, have been signed by the Director-General].
If, by inadvertence, the signatureof the Director-General has not been affixed toa deed executedor attested by him or her, or to the registration endorsement in respect of the registration of a deed [J document [or power of attorney] lodged [for registration],at the time at which the signature should have been affixedin the ordinary course, the Director-General may affixhis or her signature[thereto] on the deedor document when the omission is discovered, and the deed[J]xdocument [or power of attorney] shall [thereupon] be deemed to have been registered at the time [aforesaid] when the signature should have been affixed.
34 No. 24634 GOVERNMENT GAZETTE, 31 MARCH 2003 simultaneously with the affixing of the signature of the Director-General thereto in respect of deeds executed or attested by him or her or with the signing of his or her registration endorsement in respect of deeds [,I documents [or powersof attorney] lodged for registration, although in fact they may have been made subsequently[thereto].
Amendment of section 14 of Act 16 of 1967 14.
(a)] [tITransfers or cessions of rights shall follow the sequenceof the successive transactions[exchange] in the vestingof such rights[: Provided that-] unless this Act, any other law or the court Drovides otherwise.
"[i] !f any person has obtained the right to claim transfer or cession of a right from any other person and such first-mentioned right has been vested in any third person in terms court or a Commissioner's Court]or in termsof a sale in execution held pursuantto any such judgment or order, transfer or cessionmay be passed directly to such third person by the person against whom such first-mentioned right was exercisable."
"(2) In any transfer or cession in terms of [any proviso to] subsection (1) [(b)]there shall be paid the transfer duty and estate duty which would have been payable had the rights concerned been transferred or ceded to each person successively becoming entitled thereto."
Amendment of section 15 of Act 16 of 1967 as amendedby section 7 of Act No. 170 of 1993 15.
Land] Subiect to subsection (II no contract [or agreement (other thatan agreement mentionedin section (5) (1) (o), servitude, lease, sub-lease or deedof cession a other than a cession of a mortgage bondu]shall be registered unless it has been attested by a notary public.
Amendment of section 15A of Act 16 of 1967 16.
Titles] Mineral and Petroleum Titles ReaistrationOffice, and who signs a prescribed certificate on such deed or document, accepts by virtue of such signing the responsibility,[to the extent prescribed by regulation] for the purposesofthis [section,] Act, for the accuracy of[those] facts mentioned in such deed or document or which are relevant in connection with the registration or filing thereof [, and which are prescribedby regulation].
is prescribed by regulation, and who has in accordance with the regulations prepareda deed or other document prescribed by regulation for registration, recordinq or filing in the [Mining Titles] Mineral and Petroleum Titles ReclistrationOffice.
la) TheDirector-General shall accept, during the course of hisor her examination of a deed or other documentin accordance with the provisions of this Act, that the facts referred to in subsection(1) in connection with the registration, recordinq or filing of a deed or other document in respect of which a certificate referred to in subsection(1) or (2) has been signed, have for the purposes of such examination been conclusively[proved: Provided that the aforegoing provisionsof this subsection]proven.
38 No. 24634 GOVERNMENT GAZETTE, 31 MARCH 2003 of this Actor any other law, and which affects the registration, recordinq or filing of such deed or other document.
Amendmentof section 16 of Act 16 of 1967 as substituted by section 6 of Act No. 14 of 1991, and section 18 of Act No.132 of 1993 16.
state thefull name and [marital statusof the person concerned;] identity numberor reqistration numberof the holder.
where the person concernedis married in community of property, state thefull name of his spouse; and where the marriage concernedis governed bythe law of any other country, state that the marriageis governed by the lawof that country.
40 No. 24634 GOVERNMENT GAZETTE, 31 MARCH 2003 by a personwho has become entitled to receive transfer or cession of such riaht, such deedor document shall, upon such Derson receiving transferor cession of the riaht, for the Durposesof this Act be deemed to have been executed bv the holder of such right.
Amendmentof section 17 of Act 16 of 1967 19.
[deed] Deeds of transfer, cessionor mortqaae bond shall be prepared in the form prescribed by law and shallIsave in so far as, in the caseof deeds of transfer executed by the Director-General, it is otherwise provided in this Act or any other law or orderedby the court,]be executedin the presenceof the Director-General by a conveyancer authorized by powerof attorney to act on behalf of the holder of such Ithe] right [described]therein, and shall be attested by the Director-General.
Repeal of section 18 of Act 16 of 1967 20. Section 18 of the principal Act is hereby repealed.
Amendment of section 19 of Act 16of 1967 21.
(1) Two or more persons each holding different rights may not transferor cede those rights to one or more persons by the same deed, unless such transferor cession is authorized by directiveof the Minister or the provisions of a law or by an order of court.
[whenever possible] be annexed to the deed: Provided that the Director-General may permit any number of portionsof the same kind of right to be grouped in one or more paragraphs to his or her satisfaction.
Amendment of section 20 of Act 16 of 1967 22.
No transfer or cession of an undivided share in a right whichis [intended or]calculated to represent [or purportsto represent] a defined portion of such right shall be capable of being registered.
Sections 21,22, 23, 25,26,27, 28, 29,and 30 of the principal Act are hereby repealed.
Amendment of section 24 of Act 16of 1967 24.
(11Any person whoholds one[two] or more [rights or]undivided share[s] or shares in a riaht[therein] under one title deed may, subject to the provisions of section 26,[obtain] amlv for a certificateof registered title in respectof one or more[of)such [rights or of the] undivided share or shares held by him or her therein[Iif, except in the case where the only title held by virtue of such title deed is a licence renewable from is held.
13 No transfer, cession or mortqaaeof a share or shares of an undivided riqht shall be registered in the Mineral and Petroleum Titles Rerristration Office unless a certificate of a reqistered titleis produced to the Director-General.
5If the title deed under which a share or shares is held bv more than one holder is lost or destroved. any such holder mav upon prescribed requirements, obtain a reqistered titleof his or her share without amlving for the title deed which has been lost or destroved.
be, that a certificate of reaistered title has been issued in respect of the share or shares in question provided that in the case of theitbondshall be endorsed on the certificate thatit is mortqaged.
(7)If the said share or shares of the riaht is mortqaqed, that rnortcraqe bond shall be Produced to the Director-General at the exDense of the applicant.
Amendment of section 31 of Act 16 of 1967 25.
the substitution for subsection (2) of the following subsection: 'A bond may be registered to secure an existing[debt] or a future debt or both[existing and future debts]and may hypothecate rights of different kinds with the written consent of the Minister.
Director-General shall not attest and register any mortgage bond which contains the general clause,[commonly known as the general clause,] purporting to bind generallyall the immovable or movable property or registered rightsof the debtor or both such immovable or movable property and such rights.
Amendment of section 35 of Act 16 of1967 27.
(1) (a) No mortgagebondshall be passed by two or more mortgagors unless it purports to bind registered rights of each mortgagor.
STAATSKOERANT, 31 MAART 2003 , No.
[contain a reference] refer to such consent.
the insertion after subsection (4) of the following paragraphs: "(a) The holder of a riaht subiect to a personal servitude and the holder of that servitude may together mortRaae the riqht to the full extentof their rewective interests therein: and /b) The holder of the riqht and the holder of the servitude may, each as DrinciDal debtor, in the same bond, mortclaae the ricrht or the servitude as the case may be."
Amendment of section 37 of Act 16 of 1967 28.
in executionof the judgmentof any court [(including a magistrate's court or a Commissioner's Court)]; or in any other circumstances provided for in this Act orin any other law [specially provided] or by order of the court.
Amendment of section 38 of Act 16 of 1967 as substituted by section 20 of Act No. 132 of 1993 29.
[(not.
bTheDirector-Generalshallsubstitutethe transferee for the transferor as debtor in respect of the bond, provided [there is produced tohim, in duplicate, the] written consent [in the prescribed form]is produced to him or her, in duDlicate bv[of]the holderof the bond and the transferee to the substitution[of the transferee for the transferor as the debtor]in respect of the bond for the amount of the debt disclosed therein or for such lesser amount as may be specified in such consent.
"(d) [make] endorse on the deed of transfer [deedordeed] of cession [an endorsement 09 themortgage [containing] with the date and number of the bond and the amount due in terms thereof."
Thesubstituteshallbeboundbythe terms thereofl of the bond in the same manner asifhe or she had himselflpassed the bond and had renounced therein the benefit of all relevant exceptions.
Amendment of section 39 of Act 16of 1967 30.
Office, the Master shall notify[the payment to] the Director-Generalof such payment.
Master who shall forward it to the Director-General in order that the amount paid may be writtenoff thereon.
[themselves] as cancelled.
Theholders of such bondsshall, when requested to doso by the Master, deliver the bonds to him or her, and the Master shall forward them to the Director-Generalfor cancellation.
bl [: Providedthat] Notwithstandingtheprovisions of this Act, if after the rehabilitation the trustee has been discharged, or if there is no trustee in existence, the Master shall, ifsatisfied that the rehabilitated insolvent is entitled to the rights, give him or her transfer or cession thereof in such manner as may be prescribed.
If by virtue of the provisions of the law relating to insolvency an insolvent has been revested with any rights, such rights shall not be transferred, ceded, mortgaged or otherwise dealt with by the insolvent until an endorsement that the rights have been restored to him or her has been made by the Director-General on the title deed evidencing the rights: Provided thatno such endorsement shallbe made by the Director-Generalif the rights are registered in the nameof a partnership until the rights have been dealt with in terms of section 221.
Nothingcontained in this section [contained] shall be construed as modifying any provisionof the law relating to insolvency.
shall transmit the bond to the Director-General who shall [thereupon] write off the amount[so] paid in the appropriate registers and[on the bond and theregistry duplicate thereofl deeds.
Amendment of section 41 of Act16 of 1967 32.
Land any] Anv amendment, modification, cession or cancellationof such a servitudeor contract shall [likewise] be effected by notarial deed, [: Provided that if any such servitude or contract has lapsed by emuxion of the or for any other reason, the Director-General may, on written application by oron behalf of the holder of the right encumbered thereby, accompanied by proof of such lapsing, the title deed evidencing the right and, if available, the deed of servitude or contract, note on such title deed and on such deed of servitude or contract, if such deed or contract has been produced, that such servitude or contract has lapsed].
[if any,] defining the servitude[or'JAthe rightsor any part thereof to which the notarial deed relates[,unless such servitudeor such rightsor portion thereof are inthe opinion of the Director-General sufficiently describedin such deed], and shall mention the title deed evidencing the encumbered rights.
[and the title deed evidencing the rights affected].
or contract may conflict, the bond or other registered deed evidencing such other encumbrance, shall be produced together with the written consentpnwriting of the legal holder thereof to the registration ofthe servitude or contract.
Amendment of section 42 of Act 16 of 1967 33.
Amendment of section 43of Act 16 of 1967 34.
58 No. 24634 GOVERNMENT GAZETTE.
[inwriting consented] given written consent to the cancellation of the bond or the releaseof the servitude fromits operation.
Amendment of section 44 of Act 16 of 1967 35.
60 No. 24634 GOVERNMENT GAZETTE.
Repeal of section 45 of Act 16of. I967 36. Section45 of the principal Actis hereby repealed.
Amendment of sections 46 of Act 16of 1967 37.
[capable of being leased by virtueof the provisionsof any law relating to prospecting and mining, and any cession' of such a lease or sub-lease intended or required tobe registered In the MiningTitles Office,] shall be executed by the lessor and the lesseeor by the lessee and the sub-lessee or by the cedent and the cessionary and shall be attestedaby notary public.
the insertion after subsection (2) of the following subsections: "/3) Every amendment of the terms and conditions of anv lease or sub lease must be in the form of a notarial deed and must be submitted for reaistration to the Director-General other documents and deeds as may be prescribed."
"41 Whenever any lease or sub lease has been amended. modified, abandoned or cancelled, either wholly or in part, such plans, diagrams. deeds and other documents as may be wescribed must be submitted to the Director-General who must register or record such amendment, modification, abandonment or cancellation."
Amendment of section 47 of Act 16of 1967 38.
of the riclht subiectto the provisions of this Act or any other law.
Anv transaction that is conducted in the Mineral and Petroleum Titles Reqistration Office must comDlv with section11 of the Mineral and Petroleum Resources DevelopmentAct, 2602 (Act No.
Sections 48 to 56 of the principal Act are hereby repealed.
"No transfer or cessionof any right (except a mortgage bond) made as security for a debt or other obligation shall be attested by the Director-Generalor registered or recordedin the pining Titles Mineral and Petroleum Titles RegistrationOffice."
Amendment of section 58 of Act 16 of 1967 41.
[or any provincial administration]on the rights tobe transferred, ceded or registered havebeen paid.
Amendment of sections 59of Act 16of 1967 42.
(1) (a) . If anyperson [or partnership] whose name appears in any. registered d6ed or other document has changed [his or its] name, the 'Director-General shall, endorse on the said deed or document such change, upon written application and written proof by that person of the chancle [or partnership and upon production of the consent inwriting of every other person interestedin such deed or other document or inthe rights created, conveyed or evidenced thereby], if he or she is satisfied that no change of person in law is implied.
Wheretheoldnamestated in the amtication appears in another deed or other document registered in the [Mining Titles] Mineral and Petroleum Titles Registration Office, that deed or other document shall be [likewise] endorsed, and in either case corresponding entries shallbe made in the registers.
"(2) Except in the case of a person [or partnership] whose namehas been changed in accordance with the provisionsof any law, the Director-General shall refuse to make any endorsement in terms of subsection (1) [until the applicant has published a notice in a form approved of by the Director-General once in the Gazeffe and three times in a newspaper approved by him, and if any objection whichin his opinionis bona fide and sufficiently material, is not later than one week after the last publication in the Gazeffe of newspaper, whichever may be the later publication, lodgedwith him tothe endorsement being made, he may refuse to make the endorsement] except upon [the authority of]an order of court [and the court shall have jurisdiction to make such order in the matter as itmay deem just] ."
Amendment of section 61 of Act 16 of 1967 43.
Office, shall be attested either bytwo competent witnesses[above the ageof fourteen yearswho are competentto give evidence]in any court of law in the Republic orby a magistrate, justiceof the peace, commissionerof oaths or notary public under his or her designation [as such.].
No person shall be competent to attest any power of attorney under whichhe or sheis appointed as an agent or derives any benefit.
the substitution for subsection (2) of thefollowingsubsection: y(2) Theprovisions of subsection (1) shall [mutatis mubndjs] apply to any other original document intended for registration or filing or production in the [Mining Titles] Mineral and Petroleum Titles Reclistration Office.
Repeal of section 62 of Act 16 of 1967 44. Section 62 of the principalAct is hereby repealed.
Amendment of section 63 of Act 16 of 1967 45.
(1) (a) No applicationmade to the courtfor authority or an order involving in the performance of any act the [MiningTitles] Mineral and Petroleum Titles Recristration Office shall be heard, unless the applicant has at least.
of this Act the Director-General may accept notice of shorter duration if the exigencies of his or her office permit.
"(2) The Director-General may submit to the court such report on any[such] application as he or she may deem [desirable to make]newssaw."
Amendment of section 64 of Act 46 of 1967 46.
If a deed or other document [which] that has become void as[aforesaid, comes into the custody or possession of any person who knows that a copy has been issued in substitution therefor, he shall forthwith deliver or transmit] contemplated in subsection11, is subsequently found, such deed or other document shall be delivered or transmitted to the Director-General.
that has become void[as aforesaid]is delivered or transmitted to the Director-General, he or she shall impound [suchdeed] itfor filinq [or document and fileit] in his or her office after[having made]having made an endorsement thereon thatit has become void.
Amendment of section 65 of Act 16 of 1967 47.
Government shall be recoverable from the Director-General or such officer.
Amendment of section66 of Act 16 of 1967 48. The following section is hereby substituted for section66 of the principal Act: "No act or omission in connection with any registration in the [Mining Titles] Mineral and Petroleum Titles Reqistration Office shall be invalidated byany formal defect, whether such defect occurs in any deed passed or registered or in any document upon the authorityof which any such deed has been passed or registered or which is required to be produced in connection with the passing or registration of such deed, unless a substantial injustice has by such act or omission been done which in the opinion of the court cannot be remedied by any orderof court.".
Repeal of section 67of Act 16of 1967 49. Section 67of the principal Act is hereby repealed.
I Insertion of section 67A of Act 16 of 1967 50.
67A. All OP26 riqhts andold order riahts converted in terms of the relevant Drovisionsof Schedule I1 of the Mineral and Petroleum Resources DeveioDment Act,2002 (Act No.28of-2002) --shall be Iodaed for reqistration at the Mineral and Petroleum Titles Reqistration Office within90 days of the conversion thereof.
67B. All clauses dealing with the reaistrationof mineral riahts and related transactions Drovidedfor in the Deeds Registries Act.1947 {Act No.47 of 1937 are herebv repealed.
Amendment Act, 2003 and [shall] comeg into operation on the date of commencement of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).
<fn>GOV-ZA.246heavysnowfalldisruptroadnetworksinthreeprovinces2En.2012-02-10.en.txt</fn>
Pretoria, 26 July 2011 - In light of the current snowfalls that some parts of the country are experiencing, the National Disaster Management Centre (NDMC) advises the public to observe precaution measures put in place by municipal emergency services.
People travelling by road to various destinations in Eastern Cape and Free State need to take note that several roads in these provinces have been closed to public due to snow fall.
R67 Fort Beaufort, Seymour and Cathcart Closed yesterday but the snow has been removed and the road has been opened today.
Heavy Snow in Keiskammahoek Pass and the road has been opened today.
N2 between Mt Ayliff and Kokstad, Snowy and road closed - about 20 trucks and 3 buses trapped.
The NDMC, is awaiting details of the road closures in KwaZulu Natal.
Issued on behalf of the Ministry for Cooperative Governance and Tradition Affairs.
<fn>GOV-ZA.246heavysnowfalldisruptroadnetworksinthreeprovincesEn.2012-02-10.en.txt</fn>
Current estimates are that 3 000MW of capacity needs to be released to provide the necessary "breathing space".
All co-generation projects on-line before March 2012, with some capacity coming into the system in 2009.
There are various programmes that are currently being implemented by Eskom and Local Government. These programmes are expected to yield positive results in the medium to long term.
The final target is to reduce the demand by 750 MW by 2010. The programme also accommodates a free CFL exchange for low income households until 2015.
All traffic lights and public lights will be converted to solar power with a battery backup. This is another extensive project that will cost approximately R400 million and will also be another opportunity for employment creation and skills development.
heaters, thereby ensuring that electricity is not used whenever there is enough solar radiation available to heat water.
The following short term interventions are to be implemented by the Department of Public Works (DPW).
<fn>GOV-ZA.24700En.2012-02-10.en.txt</fn>
The Ministerof Finance intends tabling the Financial and Fiscal Commission Amendment Bill, 2003 in Parliament during the second Parliamentary term. The Billis published in accordance withRule 241(l)(c)of the Rules of the National Assembly. Interested persons and institutions are invited to submit written representation on the Bill to the Secretary to Parliament by no later than2 May 2003.
r Words in bold type in square brackets indicate omissions from existing enactments.
Words underlined with a solidlineindicate insertions in existing enactments.
221 of the Constitution; and to alter certain procedures in respect of financial matters in order to bring the said Act into line with the Public Finance Management Act, 1999; and to provide for matters connected therewith.
Amendment of section 3 of Act 99 of 1997 1.
(2A) (a)An organ of state in one sphere of government which seeks to assign any power or function to an organ of state in another sphere of government must request the Commission's advice on the financial implications of the assignment in question on the prescribed form.
(b)An assignment contemplated in paragraph (a)has no legal force until the organ of state assigning the power or the function has indicated in writing to the Commission the extent to which it has given consideration to the Commission's advice.
"(5) All organs of state[when appropriate] must assist the Commission to perform its functions effectively.".
Substitution of section 5 of Act 99 of 1997 2.
Composition 20 5.
two persons [nominated by] selected, after consulting organised local government, [in accordance with]from a list compiled in accordance with the process set out insection 5 of the Organised Local Government Act, 1997 (Act No.
(a)Whenever there is a vacancy on the Commission in respect of the members contemplated in subsection (l)(b)the Minister must notify each Premier accordingly and each Premier may nominate one person for appointment to the Commission.
(b)The Minister must compile a list of the nominees and must circulate the list to each Premier.
The Premiers must endeavour to reach consensus on a short-list of nominees, comprising at least one name more than the number of vacancies that must be filled.
(d)If the Premiers reach consensus on a short-list, that short-list is the list contemplated in subsection (l)(b).
If the Premiers cannotreach consensus, the list of nominees circulated in terms of paragraph (b)must be regarded as being the list contemplated in subsection (l)(b).
Amendment of section 11 of Act 99 of 1997 3.
Amendment of section 24 of Act 99 of 1997 4.
"(d)within [three] twomonths after the end of each financial year, prepare annual financial statements in accordance with generally accepted accounting practice.".
Amendment of section 26 of Act 99 of 1997 5.
as required by the Public Finance Management Act, 1999 (Act No. 1 of 1999).
The law mentioned in the Scheduleis hereby amended to the extent indicated in the hd column of that Schedule.
Members of the Financial and Fiscal Commission contemplated in section 2 of the principal Act who held office immediately before the commencement of this Act continue to hold office until the expiry of their terms of office.
Any member of the Financial and Fiscal Commission contemplated in section 5 5(l)(b)or (c) of the principal Act andwhoheldoffice immediatelybeforethe commencement of this Act mustbe regarded as having been appointed in terms of section 5 of the principal Act as amended by this Act.
This Act is called the Financial and Fiscal Commission Amendment Act. 2003.
Whenever there is a vacancy on the Financial and Fiscal Commission in respect of members contemplated in section 5(l)ic) of the Financial and Fiscal Commission Act. 1997 (Act No. 99 of 1997), each provincial organisation may nominate one person in writing for appointment to the Financial and Fiscal Commis-sion.
(2)(a)If there is one va- cancy, the executive committee of the national organisation must compile a list consisting of no more than four and no less than two nominees.
(b)If there are two vacan- cies. the executive committee of the national organisation must compile a list consisting of no more than six andno less than four nominees.
The executive committee of the national organisation must submit the list to the Min ister of Finance.
I. The main purpose of the Bill is toamend the Financial and Fiscal Commission Act, 1997 (Act NO. 99 of 1997) ("the Act"), in order to bring the Act into line with the Constitution as amended by the Constitution of the Republic of South Africa Second Amendment Act, 2001 (Act No. 61 of2001). The last mentioned Act reduced the number of members of the Financial and Fiscal Commission from 22 members to nine members and changed the appointment procedure for such members.
The Bill also seeks to amend section 3 of the Act by proposing the insertion of a provision which would require any organ of state which intends assigning or delegating any power or function to an organ of State in another sphere of government to request the Financial and Fiscal Commission's advice on any financial implications of the said assignmentor delegation. In terms oftheproposed amendment, an assignment or delegation has no legal force until theorgan of state assigning or delegating has indicatedtothe Commission the extent to which it has given consideration to the Commission's advice. The reason for the proposalisthatany such assignment or delegation inevitablyhas a financial andfiscalimpact, whichmay.at times.result in unfunded mandates for provincial or local governments.
The proposed amendments to sections 3 and 5 of the Act are to bring the Act into line with the Public Finance Management Act, 1999 (Act No. 1 of 1999).
The Bill also proposes an amendment to section 5 of the Organised Local Government Act, 1997 (Act No. 52 of 1997), in order to provide for a process whereby organisedlocal government participates in the compilation of a list from which the President will make two appointments in terms of section 5 of the Act to the Financial andFiscal Commission. This amendment also stems from the amendment of the Constitution referred to in paragraph 1.
Lastly, the Bill seeks to effect certain consequential amendments and to provide transitional arrangements.
Department of Provincial and Local Government. .-* * TheFinancid-and Fiscal Commission.
The Provincial Treasuries.
South African Local Government Association.
The State Law Advisers and the National Treasury are of the opinion that this Bill must be dealt with in accordance with the procedure prescribed by section 76(1) of the Constitution since it provides for legislation envisaged in section 220(3) ofthe Constitution.
<fn>GOV-ZA.24704En.2012-02-10.en.txt</fn>
thephysical or mental preparation of an individual for puberty, adulthood, pregnancy, childbirth and death.
but excludes the professional activities of a person practicing any of the professions contemplated in the Pharmacy Act, 1974 (Act 53 of 1974), the Health Professions Act, 1974 (Act 56 of 1974), the Nursing Act, 1974 (Act 50 of19741, the AlIied Health Professions Act.
"traditional medicine" means an object or substance used in traditional health practice for the purpose of the diagnosis, treatment or prevention of a physical or mental illness; or for any curative or therapeutic purpose, including the maintenance or restoration of physical or mental health or wellbeing in human beings, but does not include a substance used for the satisfaction or relief or a habit or craving for the substance used.
To serve and protect the interests of members of the public who use the services of traditional health practitioners.
Establishment of the Interim Traditional Health Practitioners Council.
There is hereby established a juristic person to be known as the Interim Traditional Health Practitioners Council of South Africa.
The registrar shall convene the first meeting of the council within three months of the commencement of this Act.
The term of office for the Interim Council shall be for a period of three years providedthat the Minister may, in order to facilitate the implementation or development of amendments to this Act, extend the term of office of the Council for a further period of not more than 24 months.
determine policy, and make decisions in terms thereof, with regard to traditional health practitioners and traditional health practice in matters of education, fees, registration, conduct, ethics, finance professional disciplinary procedure, scope of traditional health practice, interprofessional matters and maintenance of professional competence?
give effect to health policies set by the Minister concerning traditional health practice;..
communicate to the Minister information of public importance acquired by the council in the course of the performance of its functions under this Act.
three shall be community representatives; and one shall be a representative from each category of traditional health practice specified in this Act.
he or she has been diagnosed as having a mental illness or becomes a patient as defined in section 1 of the Mental Health Act, 1973 (Act No.
he or she has beenconvicted of an offence, and sentencedto imprisonment without the option of a fine, whether or not such sentence has been suspended;..
Every vacancy on thecouncil arising from a circumstance referred to in subsection (1) and every vacancy caused by the death of a member, shall be filled by appointment by the Minister and every member so appointed shall hold office for theunexpiredportion of the period for whichthe vacating member was designated or appointed.
he or she becomes impairedto the extent that he or she is unable to cany out his or her duties as a member of the council.
the period for which the member was appointed has expired and his or her appointment is not renewed by the Minister.
has been disqualified interms of anylaw, from practising as a traditional health practitioner.
an office bearer or employee of any party, organisation or body of a political nature.
The chairperson and vice-chairperson shall hold office for the duration of the term of office for which he or she has been appointed by the Minister to the council unless the chairperson or vice-chairperson resigns or ceases to be a member prior to the expiry of his or her term of office as a member.
In the absence of the chairperson of the council or in the event that the chairperson is for anyreason unable to actas chairperson, the vice- chairperson shall navethe authority to performall of the functions and exercise all of the povilers of the chairperson.
If boththe chairperson andthe vice-chairperson are absent from any meeting, the members present shall elect one of their number to preside at that meeting and, until the chairperson or vice-chairperson resumes duty, perform all of the functions and exercise all of the powers of the chairperson.
If both the chairperson and the vice-chairperson have been given leave of absence, the members of the council shall elect one of their number to act as chairperson untii the chairperson or the vice-chairperson resumes duty or vacates office.
If the office of the chairperson becomes vacant, the Minister shall appoint as chairperson, at his or her discretion, a personfrom among the remaining members of the counci!, or any other person, in terms of section 7(l)(a) and theperson SD appointed shall hold office for the unexpired portion of the period for which his or her predecessor was appointed.
If the office of the vice-chairperson becomes vacant, the members of the council shall, at the first meeting after such vacancy occurs orassoon thereafter as ma bn cmvenient, elect from among themselves 8 newvice-chairperson anG the member SO elected shail hold office for the unexpired portion of the period for which his or her predecessor was eiected.
(7)A chairperson or vice-chairperson may vacate office as such without such vacation by itself terminating his or her membership of the council provided that shoulda chairperson vacate office without terminating his or her membership of the council, the Minister shall appoint a new chairperson from amongst the members of the council in terms of section 7(l)(a).
The registrar shall in consultation with the chairperson convene the meetings of the council on such a time and date determine by him or her to dispatch its business.
The council shall meet not less than twice annually for the purpose of conducting its business provided that the council may in addition hold such further meetings as it may from time to time determine.
shall be convened by the chairperson at such place and on such date as he may determine within thirty days of the receipt by him or her oi a written request by the Minister or of a written request signed by at least six of the members: provided that such written request shall state clearly the purpose for which the meeting is to be convened.
Twelve members of the council shall constitute a quorum for the purposes of any meeting of the council.
Subject to the provisions of subsection 61,at all meetings of the Council each member present shall have one vote on a question before the Council.
All matters, acts or things authorised or required to be done by the council shall be decided by a majority vote at a meeting of the council at which a quorum is present.
Notwithstandinganything tothe contrary in this Act, the majority of members of the council or any of its committees, shall be one half of the total number of the members present plus one.
Only members of the council shall have voting rights on my master in which the council is required to make a decision.
A decision of the majority of themembers of the council present atany meeting shall constitute the decision of the council: Provided that in the event of an equality of votes, the member presiding shall have a casting vote in addition to a deliberative vote.
No decision taken by the council or act performed under the authority of the council shall be invalid by reason only of an interim vacancy on the council or of the fact that a person whois not entitled to sit as a member of the council, sat as member at a time when the decision was taken or the act was authorised, if the decision wastaken or the act was authorized by the requisite majority of the members of the council who were present at the time and entitled to sit as members.
The council may from time to time establish such committees, including disciplinary committees, as itmay deem necessary, each consisting of so many persons appointed by the council as the council may determine but including, except in the case of a disciplinary appeal committee referred to in subsection 31, at least one member of the council who shall be chairperson of such committee.
The council may, sutfject to the provisions of subsection (3), delegate to any committee established in terms of subsection (l),or to any person some of its powers as it may from time to time determine, but shall not be divested of any power so delegated.
The council shall from time totime as the need arises, establish ad hoc disciplinary appeal committees, each consisting of, as chairperson, a retired judge or retired senior magistrate, or an attorney with at least 10 years experience as such, not more than two registered persons drawn from the occupation of traditional health care practitioner and a member of the council appointed in terms of section 7(l)(h), which member shall not be a person registered in terms of this Act.
A disciplinary appeal committee referred to in subsection (3) shall have the powerto vary, confirm or set aside a finding of a disciplinary committee established in terms of subsection (1) or to refer the matter back to the disciplinary committee with such instructions as it may deem fit.
A decision of a disciplinary committee, unless appealed against, shall be of force and effect from the date determined by the disciplinary committee.
Where a matter has been considered by a disciplinary appeal committee, the decision of the disciplinary appeal committee, unless appealed against, shall be of force and effect from the date determined by the disciplinary appeal committee.
All registration, licensing and examination fees and any other fees payable under this Act shall be paid to the council and shall constitute its funds.
The council shall utilise its funds for the defrayal of expenses incurred by the council and the office of the registrar in the performance of their functions under this Act.
The council shall cause an account to be opened with an institution registered as a bank and shall deposit in that account all moneys received in terms of this section.
The council may invest money, which is deposited in terms of subsection (3) and which is not required for immediate use, in any manner as it may deem fit.
Any money which at the close of the council's financial year stands to the credit of the council shall be carried forward to the next financial year as a credit in the account of the council.
The council may invest any unexpended portion of its moneys and may establish such reserve funds and paytherein such amounts as it maydeem necessary or expedient.
the Auditor-General's report on those statements.
If anything required to be done under this Act in connection with the appointment of any member is omitted or not done within the time or in the manner required by this Act, the Minister may order all such steps to be taken as may be necessary to rectify the omission or error or may validate anything done in an irregular manner or form, in order to give effect to the objects of this Act.
17 Appointment of theRegistrar The Minister shall, after consultation with the council, appoint a person to be the registrar of the council to carry out its functions under this Act and the Minister may, after consultation with the council dismiss such person.
cf keep registers in respect of traditional health practitioners and students and shall on the instructions of the council enter in the appropriate register thename, physical address, qualifications, date of initial registration and such other particulars, including, where applicable.
convene meetings of the council and any committee thereof maintain the records of any such meetings.
The registrar may inwriting authorise any member of his or her staffto exercise or perform any power, duty or furktion conferred or imposed on him or her by or in terms of this Act.
No person shall be entitled to practise as a traditional health practitioner within the Republic unless he or she is registered in terms of this Act.
such further documents and information in relation to his or her application as may be required by the registrar on the instructions of the council.
The registrar shall only register a traditionalhealth practitioner if the registrar is satisfied that the person applying for registration is suitably qualified to be a traditional health practitioner or if the council is so satisfied.
The registrar shall delete from the register the name of the registered traditional health practitioner or mark in the register the name of any person suspended from practice and shall notify such person in writing accordingly.
whose registration is proved to the satisfaction of the council to have beenmade in error or through fraudulent.
whois suffering from a mental illness or who becomes a patient as defined in the Mental Health Act, 1973 (Act No 18 of 1973) or its successor.
Notice of the removal in terms of subsection (1)by virtue of the provisions of any of paragraphs (b) up toand including (1) of subsection (1) of a person's name from the register shall be given by the registrar to the person concerned by registered mail addressed to such person at the address of such person as it appears in the register.
any registration certificate issued in terms of thisActto the person concerned shall be deemed to have been cancelled; and a person whose name has been removed from the register shall cease to practise as a traditional health practitioner an'd shall not perform any act which he or she, in his capacity as a registered person, was entitled to perform until such time as his or her name or the entry removed from the register as the case may be, is restored to the register.
complies with such other requirements as the council may from time to time determine.
the applicant has paid any prescribed fee determined by the council.
The registrar may, upon payment of the prescribed fee, issue to any registered person a certificate of status containing particulars relating to such person's registration as well as a statement to the effect that the said person is not disqualified fmm practising his or her occupation and thatno disciplinary steps are pending against him or her in terms of this Act.
The registrar may issue a certified extract from the register or a certificate referred to in subsection (2) under his hand to any person upon payment of the prescribed fee.
A certificate may be issued subject to certain conditions imposed by the council and such conditions shail be indicated on the certificate.
The registers shall be kept at the office of the registrar, and the council may, at intervals determined by it, cause copies of the registers or supplementary lists showing additions, removals, amendments, or revisions effected since the last pvblication of copies of the complete registers, to be printed and published.
A copy of the last published issue of a register or any suppiementary list purporting to be printed and published on the authority of the council sha!!
has been removed from the register since the date of the last published issue thereof and has not been restored theretc, a certificate under the hand of the registrar that the name of such person has been removed from the register shallbeproofthat suchperson is not registered according to the provisions of this Act.
A certificate of registration shall be evidence of registration for a period of one year only and thereafter an annual practising certificate which shall be issued upon payment of the prescribed annual fee and the submission of such information as may be required by the council to enable to keep accurate statistics on human resources in the health field, shall be regarded as proof of registration.
Any person who is aggrieved by a decision of the registrar may lodge an appeal within thirty days of the decision to the council.
Anyperson who is aggrieved by a decision of the council may appeal to the appropriate High Court against such decision.
The Minister may, on the recommendation of the council, prescribe qualifications obtained by virtue of examinationsconducted by an accredited instittition, educational authority or other examining authority in the Republic, which, held singly or conjointly with any other qualification shall entitle any holder thereof to registration in terms of this Act if he or she has, before or in connection with or after the acquisition of the qualification in question, complied with such conditions or requirements as may be prescribed.
the criteria for recognition by the council of continuing education and training courses and of education institutions offering such courses.
Notwithstanding anything contrary to the provisions of this Act, the council shall have the power to institute an inquiry into any complaint, allegation or charge of unprofessional conduct against any person registered in terms of this Act and on finding such person guilty of such conduct, to impose any of the penaities prescribed in section 29: provided that in the case of a complaint, charge or allegation which forms or'is likely to form the subject of a criminal case in a court of law, the council may postpone the holding of an inquiry until such case has been determined.
If the council is in doubt as to whetheranyinquiry shouldbe heldin connection with a complaint, charge or aliegation, it may, in connection with the allegation, charge or complaint in question, consult with or seek further information from any person, including the person against whom the allegation, charge or complaint has been lodged.
The registrar may with the approva; of the chakperson of the council appoint an officer of the council as investigating officer for the purposes of this section.
If the registrar deems it necessary, he or she may with the approval of the chairperson of the council and on such conditions as the council may determine, appoint any person other than a member of the council, who is not in the full-time employment of the council, as investigating officer for a particular investigation, or to assist the investigating officer contemplated in subsection (1)with a particular investigation.
A person appointed in terms of subsection (2) shall, for the purpose of the investigationin question, have the same powers andduties as the investigating officer contemplated in subsection (1).
The registrar shall issue to every person appointed under subsection (1) or a certificate to the effect that he or she has so been appointed, and, in the case of a person appointed for, or to assist with, a particular investigation, that he has been appointed for such investigation, and in the exercise of his powers and the carrying out of his duties that person shall on demand produce such certificate.
into the affairs or conduct of a registered person, if requested to do so by a person by reason of allegations confirmed upon oath.
at any time and at any place request any person who has or is suspected on reasonable grounds of having in his possession or custody or yder his control any book, document or thing relating to the matter which he is investigating, to produce it immediately or at a time and place determined by the registrar or investigating officer, examine suchbook, ''-.
The registrar or an investigating officer who carries out an investigation under this section, shall compile a report of the investigation, and a report compiled by an investigating officer shall be submitted to the registrar.
If the report referred to iE subsection (7)reveals primfacie evidence of improper or disgraceful conduct Contemplated in this Act and no complaint, charge or allegation regarding the conduct in question has been made for the purpose of an inquiry in terms of section 27, such report shall be deemed to be a complaint made for that putpose, and the registrar shall serve a copy thereof on the registered person concerned.
If the report referred to in subsection (7) revealsprimafucie evidence which in the opinion of the chairperson of the council makes it desirable that an inquiry on the grounds of apparent impairment be instituted, the registrar shall serve a copy thereof on the registered person concerned.
If the report referred toin subsection (7) does not reveal prim facie evidence of unprofessional conduct contemplated in this Act, the registrar shall serve a copy thereof to the registered person Concerned.
To the extent that the report referred min subsqtion (7) contains statements of witnesses which would have been admissible as oral evidence at an inquiry into impairment or complaints, charges or allegations unprofessional conduct, the provisions of section 213 of the Criminal Procedure Act, 1977 (Act 51 of 19771, shall apply mutatis mutandis in respect of those statements at such an inquiry.
A person who carries out or assists with the carrying out of an investigation in terms of this section, shall keep or assist in preserving secrecy in respect of all facts which come to his notice in the performance of his functions, and shall not disclose any such fact to any person except the registrar, the chairperson, the council, or the public prosecutor concerned in the case of an offence in terms of this Act, or by order of a court or in terms of any law.
Notwithstanding the provisions of subsection (12), no personal particulars regarding a patient shall be disclosed to any person except by order of a court or with the consent of the presiding officer at an inquiry contemplated in terms of this Act.
The court order referred to in subsection (13)shall be executedas if it were a judgment in a civil case in a magistrate's court.
in the case of a contravention contemplated in paragraph (d), to a fine not exceeding the amount prescribed fromtime to time or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
The provisions of this section shall be without prejudice to the power of any authority to institute an investigation into any alleged contravention of, or failure to comply with, any provision of this Act.
a caution or a reprimand or a reprimand and a caution; or suspension for a specified period from practising or performing acts specially pertaining to his occupation; or removal of his name from the register; or a fine up'to a maximum amount prescribed by the Minister; or a compulsory period of community service as may be determined by the council: or the pa'yment of the costs of the proceedings or a restitution.
If an appeal is lodged against a penalty of erasure or suspensionfrom practice, such penalty shall remain effective until the appeal is heard.
Everypersonwhose conduct is the subject of an inquiry under section 27, shall be afforded an opportunity, byhimself or through his legal representative, of answering the charge and of being heard in his defence.
For the purposes of any inquiry held in terms of section 27, the council may take evidence and may, under the hand of the chairperson or the registrar, summon witnesses and require the production of any book, record, document or thing, and may, through the chairperson of the council or the person presiding at the inquiry, administer an oath to any witness or accept an affirmation from him or her, and may examine any book, record, document or thing which any witness had been required to produce.
A summons to appear before the council as a witness or to produce to it any book, record, document or thing shall be, as nearly as practicable, in the prescribed form, shallbesigned by the chairperson of the council or the registrar and shall be served either by registered letter sent through the post or in the same manner as it wouid have been served if it were a subpoena issued by a magistrate's court.
(iii)refuses to produce any book, record, documqt or thing which he has in terms of the summons been required to produce:, shall be guilty of an offence and on conviction liable to a fine as determined by the Minister in consultation with the Minister of Justice by notice in the Gazette: Provided that every person so summoned shall be entitled to all the privileges to which a witness subpoenaed to give evidence before a provincial division of the High Court is entitled.
The chairperson of the council may appoint a personwith adequate experience in the administration of justice to be present as an assessor at an inquiry and to advise the council or the disciplinary committee, as the case may be, on matters of law, procedure or evidence.
The council may, if it deems fit.
If a person registered in terms of this Act(inthis section referred to as the accused) is alleged to be guilty of unprofessional conduct and the council on reasonable grounds is of the opinion that it shall impose a fine as determined by the Minister in consultation with the Minister of Justice by notice in the Gazette on conviction after an inquiry in terms of section 27, the council may issue a summons as prescribed onwhich an endorsement is made by the council that the accused may admit that he or she is guilty of the said conduct and that he or she may pay the fine stipulated without appearing at the said inquiry.
Where a summons is issued' against an accused in terms of thisAct, the accused may, without appearing at an inquiry in terms of'section 27, admit his or her guilt in respect of the conduct referred to in su6section (1) by paying the stipulated fine (in this section referred to as the admission of guilt fine) to the council before a date specified in the summons.
Anypenaltyimposedunderthis section, excluding an admission of guilt fine, shall be paid to the council within 14 days after such imposition.
The imposition of a penalty shall have the effect of a civil judgment of the magistrate's court of the district in which the inquiry under section 27 took place.
The Minister may on the recommendation of the council amend the amount mentioned in subsection (7) by notice in the Gazette.
30 Postponementof imposition, and suspensionof operation of penalty or part thereof.
postpone the imposition of a penalty for such period andon such conditions as it may determine: or impose any penalty referred to in section 29 (1) (b), (c) or (d), but order the execution of such penalty or any part thereof to be suspended for such period and on such conditions as it may determine.
If at the end of the period for which the imposition of a penalty has been postponedin terms of subsection (1) (a), the council is satisfied that the practitioner concerned has observed all the relevant conditions, the council shall inform him or her that no penalty will be imposed upon him or her.
If the qecution of thepenalty or any part thereof hasbeen suspended in terms of suhsection (1) (b) and the council is satisfied that the practitioner concerned has observed all the relevant conditions throughout the period of suspension, the council shall inform him or her that the penalty will not be executed.
If the execution of a penalty or any part thereof has been suspended in terms of subsection (1) (b) and the practitioner concerned fails to observe any one of the conditions of suspension, the council shall put such penalty or part thereofinto operation unless the practitioner satisfies the council that tne non-observanceof the condition concerned was due to circumstances beyond his or her control.
Every person who has been suspended or whose name has been removed from the register in terms of section 29 shall be disqualified from carrying on his or her occupation and his or her registration certificate shall be deemed to be cancelled until the period of suspension has expired or until his or her name has been restored to the register by the council.
Everyregistered person who, either before or after registration, has been convicted of any offence by a court of law may be dealt with by the council in terms of the provisions of this chapter if the council is of the opinion that such offence constitutes unprofessional conduct, and shall be liable on proof of the conviction to one or more of the penalties referred to in section 29: Provided that, before imposition of any penalty, such person shall be afforded an opportunity of tendering an explanation to the council in extenuation of the conduct in question.
COPY of the record of such proceedings, ormch portion thereof as is material to the issue, shall be transmitted to the council.
Any person who gives false evidence on oath at any inquiry held in terms of this Act, knowing such evidence to be false, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for the crime of perjury.
Save as is provided in this Act, the council or any member or officer thereof shall not be liable in respect of any act done in good faith or duty performed in accordance with this Chapter.
The council shail from time to time make rules specifying the acts or omissions in respect of which the council may take disciplinary steps in terms of this chapter: Provided that the powers of the council to inquire into anddealwithany complaint, charge or allegation relating to a health occupation under this chapter, shall not be limited to the acts or omissions so specified.
No rule made in terms of subsection (1) or any amendment or withdrawal thereof shail be of force and effect until approved by the Minister and published in the Gazette.
The Minister may, after consultation with the council, make regulations relating to inquiries in respect of students or persons registered in terms of this Act who appear to be impaired, on the assessment of their condition, the conditions to be imposed on their registration or practice, their suspension or removal from practising, revocation of conditions, suspe&ion or removal and on acts of unprofessional conduct committed before or during assessment or investigation.
when so requested by the person concerned; or when such fee exceeds that usually charged for such services, and shall in a case to which paragraph (b) reIates, also inform the person concerned of the usual fee.
Any traditionai health practitioner who in respect of any traditional health services rendered by him claims payment from any person (in this section referred to as the patient) shall, 'subject to the provisions of the Medical Schemes Act, 1998 (Act 131 of 1998) where applicable, furnish with a detailed account within a reasonable period.
The patient may, within three months after receipt of the account referred to in subsection (2), apply in writing to the council to determine the amount which in the opinion of the council should have been charged in respect of the services to which the account relates, and the council shall, as soon as possible after receipt of the application, determine the said amount and notify the traditional health practitioner and the patient in writing of the amount so determined: Provided that before the council determines the said amount, it shall afford the practitioner concerned an opportunity to submit to it in writing his or her case in support of the amount charged.
The Minister may, after consultation with the council, make such regulations as he or she may deem necessary in relation to the procedure which the council shall follow in disposing of an application under subsection (3).
The council may from time to time determine and publish the fees used by the council as the norm for the determination of amounts contemplated in subsection (3).
A claim which is the subject of an application referred to in subsection (3) of which notice has been given by the council or the patient to the traditional health practitioner, shall not be recoverable until a determination has been made in terms of that subsection, and when such a determination has been made no amount which exceeds the amount so determined, shall be payable: Provided that if the patient has paid to the traditional health practitioner an amount in settlement or part settlement of such claim and such amount exceeds the amount so determined, the traditional health practitioner shall pay the amount by which that payment exceeds the amount so determined back to the patient.
This section shall not be deemed to divest the council of any of its powers or functions in terms of this Act with regard to acts or omissions in respect of which it may take disciplinary steps.
impersonates any person registered in terms of this Act; or supplies or offers to supply to any person not registered under this Act or any other law, an instrument or appliance which can be used, or is claimed to be effective, for the purpose of diagnosing, treating or preventing physical or mental defects, illnesses or deficiencies in man, knowing that such instrument or appliance will be usedby such unregistered person for the purpose of performing for gain an act which such unregistered person is in terms of the provisions of this Act or any other law prohibited from performing for gain, shall be guilty of an offence and on conviction liable to a fine not exceeding the maximum amount as prescribed from time to time by the Minister, in consultation with the Minister of Finance, in the Gazette.
No remuneration shall be recoverable in respect of any act specially pertaining to the occupation of a traditional health practitioner when performed by a person who is not authorized under this Act to perform such act for gain.
No person other than a person registered in terms of this Act, holding the necessary qualifications, shall be eligible for or entitled to hold any appointment to establishment, institution, body, organization or any association, whether public or private, if such appointment involves the performance of any act which an unregistered person, in terms of the provisions of this Act, may not perform for gain: Provided that nothing in this subsection contained shall be construed as prohibiting the training of traditional health practitioners under the supervision of a suitably qualified traditional health practitioner, or the employment in any hospital or similar institution of any person undergoing training with a view to registration in terms of this Act, under the supervision of a suitably qualified traditional health practitioner or other health professional.
Notwithstanding anything to the contrary in anylaw contained, any person who has been authorized by the council in writing to investigate any matter relating to the teaching or training of any person or class of persons undergoing such teaching or training for the purpose of qualifying themselves for the practising of the occupation to which the provisions of this Act apply, may, for the purpose of making such investigation, enter any institution or premises utilized in the teaching or training of any such person or class of persons.
Any personwho prevents any person authorized in terms of subsection (1) from entering any institution or premises referred to inthat subsection, or who hinders him in the making therein or thereon of any investigation contempIatedin that subsection, shall be guilty of an offence and on convictign liable to a fine not exceeding the amount prescribed by the Minister, in consultation with the Minister of Finance, in the Gazette from time to time.
The Minister may, after consultation with the council, by notice in the Gazette exempt any juristic person or class of juristic persons specified in the notice, either generally or subject to such conditions as may be specified in the notice, from the operation of any of the provisions of this Act, so as to enable such juristic person to practise as a traditional health practitioner, likewise specified, in respect of which registration in terms of this Act is a prerequisite for practising.
The Minister may after consultation with the council at any time by notice in the Gazette amendor repeal any notice issued under subsection (1).
any matter necessary to effect the smooth implementation of this Act and the transition of traditional health practice from an unregulated to a regulated occupation; and generally, all matters which the Minister considers necessary or expedient to prescribe in order that the purposes of this Act may be achieved, and the generality of this provision shall not be limited by the preceding paragraphs of this subsection.
The provisions of any regulation made under paragraph (e) of subsectior, (1) relating to fees payable under section 20 (4)may vary according to the reason for the removal of a person's name from the register and the period during which it wasso removed.
Any regulation made under this section may prescribe penalties for any contravention thereof or failure to comply therewith.
Any proclamation or notice issued or regulation, rule or order made under this Act may from time to time be amended or repealed by the authority by which it was issued or made.
The Minister shall, not less than three months before any regulation is made under subsection (1). cause the text of such regulation to be puhshed in the Gazette together with a notice declaring his or her intention to make such regulation and inviting interested persons to furnish him or her with any comments thereon or any representations they may wish to make in regard thereto.
(b)any regulation in respect of which the Minister is advised by the council that the public interest requires it to be made without delay.
the nature and duration of training to be undergone by any person who has obtained a qualification in traditional health practice but who is no!
the qualifications which maybe registered as additional qualifications in terms of this Act; and any matter which in terms of thisActisrequired to be or may be promulgated as rules.
The council shall, not less than three months before any rule is made in terms of this Act, cause the text of such rule to be published in the-Gazette together with a notice declaring the council's intention to make such rule and inviting interested persons to furnish the council with any comments thereon or any representations they may wish to make in regard thereto.
diagnoses, treats or offers to treat, or prescribes treatment or any cure for cancer, HIV/AIDS or such other terminal disease as may holds himself out to be able to treat or cure cancer, HIV/AIDS or such other terminal disease as maybeprescribed or to prescribe holds out thatany article, compound, traditional medicine or apparatus is or may be of value for the alleviation, curing or treatment of cancer, HIV/AIDS or such other terminal disease as may be prescribed.
shall be guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.
For the purposes of subsection (1) 'cancer' shall include all neoplasms, irrespective of their origin, including lymphoma and leukaemia.
uses any name declared by regulation to be a name which may not be used, shall be guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding twelve months, or to both such fine and such imprisonment.
The Minister may, on the recommendation of the council, at any time by notice in the Gazette prescribe a fee to be paid annually to the council by the registered persons concerned: Providedthat in prescribing such fee the council may differentiate between persons according to whether they have been registered before or after a date specified in the notice and may vary such fee according to whether it is paid before or after a specific date.
(1)fails or refuses to pay such fee within the period specified in the notice in question, the council may recover such fee by action in a competent court.
If a person's name has been removed from the register in terms of this Act it shall be a condition precedent for the restoration of his or her name to the register that he or she pays the outstanding annual fee.
The council may by resolution exempt for an indefinite or definite period any registered person specified in the resolution from payment of any annual fee prescribed in terms of subsection (1).
For a period of one year from the date of commencement of this Act, no person shall be subject to legal or disciplinary action or any penalty contemplated in this Act for engaging in traditional health practice without being registered in terms of this Act: provided that upon the expiry of such period, ail applicable legal and disciplinary steps and penalties contemplated in this Act may be taken against or imposed upon persons acting in contravention of the registration requirements of this Act.
This Act shall be called the Traditional Health Practitioners Act, 2003 and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
<fn>GOV-ZA.24751En.2012-02-10.en.txt</fn>
The following correction to Government NoticeNo.
The Ministerof Health intendsto table the Traditional Health Practitioners Bill, 2003 in Parliament during this year.
Interested persons are invited to submit any substantiated comments or representations on the Traditional Health PractitionersBill, 2003 to the Director-General of Health: Private Bag X828, Pretoria, 0001 [for the attention of the Director: Human Resource Development] within three monthsof the date of publication of this notice.
<fn>GOV-ZA.24777aEn.2012-02-10.en.txt</fn>
Section 24 provides for both the Minister andMECto identify activities or areas in which certainactivities maynotbeundertaken in the absenceofan environmental authorization.
This Bill will provide for the creation of certification authorities for environmental practitioners. This willensure that proper standardsare set and maintained by practitioners and would enhance the quality of reports submittedfor approval.
[ ]Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solidline indicate insertions in existing enactments.
BILL To amend the National Environmental Management Act, 1998, to further regulate environmental authorisations; to providefor the registrationof associations of environmental assessment practitioners; and to provide for incidental matters.
Amendment of section 1of Act 107of 1998 1.
(a)the insertion after the definition of "community"of the following definition: " 'competent authoritv' means.in respect of any listed activity, the organ of state charged by this Actwith evaluating the environmental imDact of that activity and, where appropriate.
cultural of listed activities [that require authorisation or permissionby law and which may significantly affect the environment,]must be considered, investigated, [and] assessed [prior to their implementation]and reported onto the competent authority [organ of statelcharged by [law] this Act with granting the relevant environmental authorisation [authorising, permitting, or otherwise allowing the implementationof an activity].
j1A) Listed activities and areas are activities and areas identified by the Minister or MEC in terms of subsection (2)(a) -(c).
[(e) prepare compilations of information and maps that specify the attributes of the environment in particular geographical areas, including thesensitivity, extent, interrelationship and significance of such attributes which must be taken into account by every organ of state charged by law with authorising, permitting or otherwise allowing the implementation of a new activity, or with considering, assessing and evaluating anexisting activity:] Provided that where authorisation for anactivity falls under the jurisdiction of another Minister, a decision in respect of paragraph (a)[or (b)] to (c) must be taken [in] after consultation with such other Minister.
12A The Minister. and every MEC with the concurrence of the Minister, may prepare compilationsof information and maps that specifv the attributes of the environment in particular geographical areas, including the sensitivity, extent, interrelationship and significance of such attributes which mustbe taken into account by every competent authority.
(3)[(a)] Procedures for the [The] investigation, assessment and communication of the potential impactof activities [contemplated in subsection(1) must take place in accordance with procedures complying with subsection (7)]must. as a minimum, ensure the following:.
management of impacts.
that environmental attributes identified in the compilation of information and maus as contemplated in subsection (2A) are considered.
[(b) EveryMinisterandMEC responsible for an organ of state that is charged by law with authorising, permitting, or otherwise allowing an activity contemplated paragraph (a).
[(c) Any regulations made in terms of this subsection or any other law that contemplates the assessmentof the potential environmental impactof activities must, notwithstanding any other law, comply with subsection(7).
[(d) This section does not affect the validity of any law contemplated in paragraph (c) that is in force at the commencement of this Act, including the provisions and regulations referred toin section 50 (2): Provided that paragraph(a) must nevertheless be compliedwith.
give effect totheamendments specified by the Committee, and thereafter follow the procedure prescribed insection 47.
charged by law with authorising, permitting or otherwise allowing the implementationof the activity.
an activity contemplated in subsection (1) is not dealt with in regulations made under subsection(3).
that environmental attributes identified in the compilation of information and maps as contemplatedin subsection (2) (e) are considered.
Insertion of sections 24A to 241 in Act 107 of 1998 3.
Before listing any activitv or area in termsof section 24(2).
(2.) The MEC may, with the concurrence of the Minister, delist an activity or area madebv the MEC in terms of sub-section24(2).
J3 The Minister or MEC mustcomply with section 24A read with the changes required bv the context, before delisting an activity or area in terms of this section.
l) When listing activities in terms of section 24(2) the Minister, or the MEC with the concurrence of the Minister, must identifv the comDetent authority responsible for manting environmental authorisations in respect of those activities.
IC will affect more than one urovince or traverse international boundaries: or fd is undertaken, or is to be undertaken, by -..
ll a urovincial demrtment responsible €or environmental affairs: or @ a statutory body uerforming an exclusive competence of the national sphere of government.
The Minister or MEC must publish in the relevant Gazette a notice listing activities and areas identified in terms of subsection24(2) and listing. the competent authorities identified in terms of subsection 24C.
Notwithstanding the provisions of any other Act. no person may commencean activity listed in terms of section 24(2)(a) or (b) unless the competent authoritv has =anted an environmental authorisation for the activitv, and no uerson may continue an existing.
It is an offence forany person to commence or continue any listed activitv.
(b) in contravention of the environmental authorisation granted for the activitv.
3, Sub-sections(1) and (2) donotapply if the activitv was commenced or continued in resuonse to an emergency, involving the safetv of humans or uropertv or the protection of the environment.
4) A person convicted of an offence in terms of subsection (2) is liable to a fine or imprisonment for a ueriodnotexceedingtenyears, or to both a fine and such imprisonment. A fine imposed in terms of this section shall not exceed three times the value of the activitv on completion.
A person convicted of an offence in terms of subsection 21, andwho after such conviction uersists in the act or omission which constituted the offence, shall be guilty of a continuing offence and liable on conviction to a fine or to imprisonment for a period not exceeding 60 days for everv dav on which he or she so Dersists with such act or omission, or to both such fine and imprisonment.
After considering an aoplication, and any other additional information that the Minister may require.
Any association prouosing to register its members as environmental assessment practitioners may applv to the Minister to be auuointed as a registration authority in such manner as the Minister may determine.
IC!
f any other prescribed requirements.
The Minister must maintain a register of ail associations appointed as registration authorities in terms of this section.
Notwithstandin anv other powers they may have, the Minister or MEC may directany person who hascommenced or continued any listed activity in contravention of Chapter 5. or caused any listed activity to be commenced or continued in contravention of Chapter 5. to?
ivan environmental management plan;and V provide such other information or undertake such further studies as the Minister or MEC deem necessary.
(a)directsuch person to cease the activitv, either wholly or in part and rehabilitate the environment subiect to such conditions as the Minister or MEC may deem necessary: or fb) issue an environmental authorisation to such person subiect to such conditions as the Minister or MEC may deem necessarv.
TheMinister or MEC may. on goodcause shown, reduce the amount of the fine contemplated in subsection (2).
Amendment of section 43 of Act 107 of 1998 4.
Any affected person may appeal to the Minister against a decision taken by any person acting under a power delegated by theMinister under this Act 0r.a sDecific environmental management Act.
(2)Anv affected person may appeal to the relevant MEC against a decision taken bv any person acting under a power delegated by theMEC under this Act or a specific environmental management Act [Anappeal under subsection(1) must be noted and mustbe dealt within the manner prescribed].
@ any provision or condition of an environmental authorisation or exemDtion issued or granted in terms of chapter 5 of this Act?
An appeal under subsections (1)to (3) mustbenotedandmust be dealt with in the manner prescribed and upon pavment of a orescribed fee.
The Minister or MEC may, afterconsidering; such an appeal, confirm, set aside or vary thedecision, orovision, condition or directive or make any other aporooriate order, including; an order that the prescribed fee Daid by the appellant, or any part thereof, be refunded.
authorisation or exemption, or any provisions or conditions attached thereto, or any directive. unless the Minister or MEC directs otherwise.
Amendment of section 44of Act 107of 1998 5.
dealing with any matter which under this Act must, or mav, be dealt with by regulation; and generally, to carry out the purposes and the provisions of this Act.
Amendment of section 47 of Act 107of 1998 6.
the substitution for subsection (2) of the following subsection: "(2)The Minister or MEC must, within30 days after promulgating and publishing any regulations under this Act, [table] referthe re-plations to Parliament or the relevant provincial ledature as the case may be [in the National Assembly and the National Councilof Provinces and anMEC must so table the regulations in the relevant provincial legislature or, if Parliament or theprovincial legislature is then not in session, within 30 days after the beginningof the next ensuing session of Parliament or theprovincial legislature]."
Parliament or the relevant provincial legislature must consider the regulations and mav approve the regulations or disapprove the remlations and may suspend its disapproval for any period and on any conditions to allow the Minister or MEC to amend the regulations [correct a defect].
a right or privilege acquired or an obligation or liability incurred before it lapsed.
"(3) Any application madein terms of sections 21 or 22 of theEnvironment Conservation Act, 1989 (Act 73 of 1989) that has commenced but not been finalised when those sections are reuealed, shall be finalised as if those sections had not been reDealed."
Act No. 71 of 1962 Animal Protection Act, 1962 Sections 2(1) and 2A Act No. 45of 1965 Atmospheric Pollution Section 9 Prevention Act, 1965 Act No.
Act No. 63 of 1976 Mountain Catchnient Areas Section 14 in so far as it Act, 1976 relates to contraventionsof section 3 Act No.
I Act No.
Act No. 36 of 1998 Act No.
I Marine Pollution (Control and Civil Liability) Act, 1981 Conservation of Agricultural Resources Act, 1983 Marine Pollution (Prevention 3f Pollution from Ships) Act, 1986 !
This Act is calledtheNationalEnvironmentalManagementSecondAmendment Act, 2003,and takes effect on a date determined by the President by proclamation.
<fn>GOV-ZA.24777bEn.2012-02-10.en.txt</fn>
to provide for national norms and standards regulating air quality monitoring, management and controlby all spheres of government; for specific air quality measures; andfor matters incidental thereto.
newand innovative approaches to legislation are required to protect, restore and enhance the air quality in the Republic.
CHAPTER 1 1. 2. 3. 4. 5.
any other subordinate legislation issued in terms of this Act.
Inthis Act, a word or expression derived from a word or expression defined in subsection (1)has a corresponding meaning unless the context indicates that another meaning is intended.
The object of this Act is to protect, restore and enhance the quality of air in the Republic, taking into account the need for sustainable development.
through the organs of state implementing this Act, must endeavour to protect, restore and enhance the quality of air in the Republic; and mustimplement this Act to achieve the progressive realisation of those rights.
in the Republic, including its territorial waters, exclusive economic zone and continental shelf as described in the Maritime Zones Act, 1994(Act No. 15of 1994); and to all activities affecting the quality of air in South Africa.
This Act, excluding section 44, binds all organs of state -in the national and local spheres of government; and in the provincial sphere of government, subject to section 146 of the Constitution.
read with the provisions of the National Environmental Management Act; and interpreted and applied in accordance with the principles set out in section 2 of that Act.
(d) air quality management planning; and air quality information management.
may differentiate between different geographical areas; and may be amended from time to time.
Before publishing the national framework, or any amendmentto the framework, the Minister must follow a consultative process in accordance with sections 49 and 50.
Subsection (4)neednotbe applied to a non- substantive change to the framework.
the performance of municipalities in implementing this Act.
impact of; and compliance with, air quality management plans and priority area air quality management plans; and compliance with the Republic's obligations in terms of international agreements.
Part 2: Provincial and local norms andstandards Provincial standards for ambient air quality and emissions -9.
ambient air quality, including the permissible amount or concentration of each such substance or mixture of substances in ambient air; or emissions from point or non-point sources in the province or in any geographical area within the province.
If national standards have been established in terms of section 7 for any particular substance or mixture of substances, an MEC may not alter any such national standards except by establishing stricter standards for theprovince or for any geographical area withinthe province.
A notice in terms of this section may differentiate betweendifferent geographical areas within the province.
Before publishing a notice in terms of this section, or any amendment to the notice, the MEC must follow a consultative process in accordance with sections49 and 50.
Subsection (4)neednotbe applied to a non- substantive change to the notice.
identify substances or mixtures of substances in ambient air which, through ambient concentrations, bioaccumulation, deposition or in any other way, present or islikely to present a threat to health or the environment in the municipality; and in respect of each of those substances or mixtures of substances, establish local standards for emissions from point or non-point sources in the municipality.
If national or provincial standards have been established in tenns of section 7 or 9 for any particular substance or mixture of substances, a municipality may not alter any such national or provincial standards except by establishing stricter standards for the municipality.
Before a municipality passes a by-law referred to in subsection (l),itmust follow a consultative processin terms of Chapter 4of the Municipal Systems Act.
For the purpose of this Chapter, the Minister must by regulation in terms of section...
ambientair quality measurements must be carried out; and measurements of emissions from point or non-point sources must be carried out.
The Minister may, by notice in the Gazette, establish a National Air Quality Advisory Committee to advise the Minister on the implementation of this Act.
any other matter relating to the Committee.
The Minister must.designate an officer in the Department as the national air quality officer to be responsible for co-ordinating matters pertaining to air quality management in the national government.
The MEC responsible for air quality in a province must designate an officer in the provincial administration as the provincial air quality officerto be responsible for co-ordinating matters pertaining to air quality management in the province.
Each municipality must designate an air quality officer from its administration to be responsible for co-ordinating matters pertaining to airquality management in the municipality.
An air quality officer must perform the duties or exercise the powers assigned or delegated to that officer in terms of this Act.
An air quality officer may delegate a duty or power referred to in subsection (4) to a person in the service of that oEcer's administration, subject to any limitations or conditions as may be prescribed by the Minister by regulation in terms of section 46.
Air quality officers must co-ordinate their activities in a manner as may be set out in the national framework or prescribed by the Minister by regulation in terms of section 46.
Each national department or province responsible for preparing an environmental implementation plan or environmental management planin terms of Chapter 3 of the National Environmental Management Act must iri Aude in that plan an air quality management plan.
Each municipality must include in its integrated development plan envisaged in section 25 of the Municipal Systems Act, an air quality management plan.
describe how the department, province or municipality will give effect to its air quality management plan; and comply with any other the requirements as may be prescribed by the Minister by regulation in terms of section 46.
measures taken by it to secure compliance with those standards; and its air quality monitoring activities.
ambient air quality standards are being or are likely to be exceeded in the area, or any other situation exists which is causing, or is likely to cause, a significant negative impact on air quality in the area; and the area requires specific air quality management action to rectify the situation.
the area extends beyond provincial boundaries; or the area falls within a province and the province requests the Minister to declare the area as a priority area.
The h4EC responsible for air quality in a province may in terms of subsection (1) declare an area falling within the province as a priority area. The MECs responsible for air quality in two or more adjoining provinces may by joint action declare an area falling within those provinces as a priority area.
Before publishing a notice in terms of subsection (l),the Minister or MEC must follow a consultative process in accordance with sections 49 and 50.
The declaration of an area as a priority area must be withdrawn if the area is in compliance with ambient air quality standards.
after consulting the air quality officers of the affected provinces and municipalities, prepare a priority area air quality management plan for the area; and within six monthsof the declaration of the area, or such longer period as the Minister may specify, submit the plan to the Minister for approval.
after consulting the national air quality officer.
@ within six months of the declaration of the area, or such longer period as the MEC may speclfy, submit the plan to the MEC for approval.
may require the relevant air quality officer to amend the plan within a period determined by the Minister or MEC.
The Minister or MEC must publish an approved plan in the Gazette within 90 days of approval. An approved plan takes effect from the date of publication.
(b)may for this purpose provide for the establishment of a committee representing relevant role players.
A priority area air quality management plan lapses when the declaration of the area as a priority area is withdrawn in terms of section 17 (5).
penalties for any contravention of or any failure to comply with such plans; and regular review of such plans.
making other changes to particulars on the list.
A list published by the Minister applies nationally and a list published by an MEC applies in the relevant province only.
This subsection need not be applied to a non- substantive change to a notice.
(b)may contain transitional and other special arrangements in respectofactivitieswhich are carried out at the time of their listing.
commence with the construction of infrastructure for the carrying out of a listed activity.
When an applianceor activity results in atmospheric emissions which through ambient concentrations, bioaccumulation, deposition or in any other way, presents oris likely to present a threat to health or the environmental, the Minister or the MEC responsible for air quality in a province may, by notice in the Gazette, declare any appliance or activity within a category specified in the notice to be a controlled emitter.
the Republic's obligations in terms of any applicable international agreements.
Subsection (2) neednotbe applied to a non-substantive change to a notice.
The Minister or MEC must set emission standards for any appliance or activity declared as a controlled emitter in terms of section 22.
the concentration values of such specified pollutants.
The Minister must by regulation in tenns of section 46 prescribe the manner in which measurements of emissions from controlled emitters must be carried out.
declare any substance contributing to air pollution as a priority air pollutant; and require persons falling within a category specified in the notice to prepare and implement pollution prevention plans in respect of a substance declared as a priority pollutant in terms of paragraph (a).
An air quality officer may, by written notice to a person carrying out an activity listed in terms of section 20 and which involves the emission of a substance declared as a priority pollutant, require that person to prepare and implement a pollution prevention plan, whether or not that person falls within a category specified in terms of subsection (1)(b).
Pollutionprevention plans must complywith requirements as may be prescribed by the Minister by regulation in terms of section 46.
In order to promote compliance with the national envi.
(c) (d) (e) (f) (g) the use of renewable energy sources; increased energy efkiency; the utilisation of lesscarbon intensive fuels; conservation measures to enhance greenhouse sinks ananymatter mentioned in section 35 of the National Enany other related matter.
An air quality officer may establish a programme for the public recognition of significant achievements in the area of pollution prevention.
The occupier of any premises at which a process is carried on maynot cause or permit the emission of any offensive odour.
Metropolitan and district municipalities are charged with implementing the atmospheric emission licensing system referred to in Part 2 of Chapter 4, and must for this purpose perform the functions of licensing authority as set out in this Chapter.
A person may apply for an atmospheric emission license by lodging to the licensing authority of the area in which the listed activity is or is to be carried out, an application on the form prescribed by the licensing authority in terms of its by-laws.
a processing fee as may be prescribed Minister by regulation in terms of section 46; and any documentation and information as may be prescribed by the licensing authority in terms of its by-laws.
(d)must afford the applicant an opportunity to make representations on any adverse statements or o;.jections to the application.
Section 24 of the National Environmental Management Actappliesto all applications for atmospheric emission licenses, and both an applicant and the licensing authority must comply with the requirements of that section.
An applicant must take appropriate steps to bring the application to the attention of relevant organs of state, interested persons and the general public.
stating a reasonable period within which written representations on or objections to the application may be submitted, and the address or place where representations or objections must be submitted; and containing such other particulars as the licensing authority may require.
any submissions from organs of state, interested persons and the public; and any guidelines issued by the Minister or the MEC responsible for air quality in the relevant province relating to the performance by licensing authorities of their functions.
grant an application; or refuse the application.
9 any ambient air quality or emission standards that have been determined in terms of this Act.
in e manner determined by the licensing authority, notify any persons who have objected to the application; and at the request of any person referred to in paragraph (a) or (b), give written reasons for its decision or make public its reasons.
If an application for an atmospheric emission license has been granted in terms of section 33 (1)(a), the licensing authority must first issue a provisional atmospheric emission license to enable the installation and commissioning of the listed activity.
as the licensing authority may determine; and as the Minister or the MEC responsible for air quality in the relevant province has prescribed by regulation in terns of section 46 or 47 for listed activities of the kind in question.
The holder of a provisional atmospheric emission license is entitled to an atmospheric emission license whenthe commissioned facility is in full compliance with the conditions and requirements of the provisional atmospheric emission license.
as the licensing authority may determine; and as the Minister or the h4EC responsible for air quality in the relevant province has prescribedby regulation in terms of section 46 or 47 for listed activities ofthekind in question.
greenhouse gas emission measurement and reporting requirements; and any other conditions which are necessary to protect air quality.
any action taken, or to be taken, to prevent any recurrence of that failure or to mitigate the effects of that failure.
An atmospheric emission license may with the permission of the licensing authority be transferred by the holder of the license to another person.
A person may apply for permission for the transfer of an atmospheric emission license by lodging to the licensing authority of the area in which the listed activity is carried out, an application on the form prescribed by the licensing authority in terms of its by-laws.
When considering an application for an atmospheric emission license, the licensing authority must take into account all relevant matters, including whether the person to whom the license is to be transferred is a fit and proper person determined in accordance with the criteria set out in section 42.
ifit is necessary or desirable for the purposes of achieving ambient.
if it is necessary or desirable to accommodate demands brought about by impacts on socio-economic circumstances and it is in the public interest to meet those demands; or at the written request of the holder of the license.
the removal of a condition or requirement; or the amendment ofa condition or requirement.
A license may be varied at any time during its currency, including on its being transferred to another person.
the variation of the license will authorise a significant increase in the environmental impact regulated by the license; and the proposed variation has not, for any reason, been the subject of an authorisation in terms of any other legislation and public consultation.
stating a reasonable period within which written representations on or objections to the request may be submitted, and the address or place where representations or objections must be submitted; and containing such other particulars as the licensing authority may require.
A licensing authority must review an atmospheric emission license at intervals specified in the license.
An atmospheric emission license may on application by the holder of the license be renswed by a licensing authority.
The hoider of an atmospheric emission license may before the expiry date of the license apply for the renewal of the license to the licensing authority of the area in which the listed activity is carried out, by lodging to the licensing authority an application on the form prescribed by the licensing authority in terms of its by-laws.
The holder of a provisional atmospheric emission license may not apply for the renewal of the provisional license more than once.
An air quality officer may require the holder ofan atmospheric emission license to designate an emission control officer, having regard to the size and nature of the listed activity for which the license was granted.
take all reasonable steps to ensure compliance with the license conditions and requirements.
Nothing in this section affects the obligations and liability of the holder of a license to comply with the conditions and requirements of the license.
Criteria fo,.
whether the management of the listed activity which is'the subject of the application will or will not be in the hands of a technically competent person.
trans-boundary air pollution; or air pollution that violates, or is likely to violate, an international agreement binding on the Republic in relation to the prevention, control or conection of pollution, as a result of a substance or substances being released into the air froma source.
If, after such investigation, the Minister is of the opinion that the release of a substance into the air fiom a source in the Republic may have a significant detrimental impact on air quality, the environment or human health in a country other than the Republic, the Minister may in terms of section 46 prescribe regulations for the purposes of preventing, controlling or correcting the releases within the Republic.
the MEC responsible for air quality in each of the provinces concerned.
(d)the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister; and the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance.
The Minister may, through the Cabinet member responsible for foreign affairs, advise the government of any country that would be affected by or benefit fiom the identification, notice or regulation before it is published.
contravenes or fails to comply with a conditionsubject to which exemption from a provision of this Act was granted in terms of section 51.
A person operating a controlled emitter is guilty of an offence if specified pollutants at concentrations above the standards for such pollutants are emitted fromthat controlled emitter.
A person operating a listed activity is guilty of an offence if specified pollutants at concentrations above the emission limits specified in an atmospheric emission license is emitted from that activity.
A person convicted of an offence referred to in section 44 is liable to a fine, or to imprisonment for a period not exceeding ten years, or to both such fine and such imprisonment.
the extent of the convicted person's contribution to the overall pollution load of the area under normal working conditions.
the avoidance or reduction of harmful effects on air quality from activities not otherwise regulated in terms of this Act; or any other matter necessary for the implementation of this Act.
The MEC may make regulations not inconsistent with this Act, regarding a matter referred to in section 46 (c) to (n)?
9 generally throughout the Republic or a province as thecase may be, or only in a specified area or category of areas; o?
incorporate by reference any code of practice or national and internationalstandard relating to air quality.
Before publishing any regulations in terms of section 46 or 47, or any amendment to the regulations, the Minister or MEC must follow a consultative processin accordance with sections 49 and 50.
Subsection (3) need not be applied to a non-substantive change to the regulations.
Before exercising a power which, in terms of a provision of this Act, must be exercised in accordance with this section and section 50, the Minister or MFC responsible for air quality in the province must follow a consultative process as may be appropriate in the circumstances.
Constitution, consult the MEC responsible for air quality in each province that will be affected by the exercise of the power; and allow public participation in the process in accordance with section 50.
(c)allowpublic participation in the process in accordance with section 50.
in the Gazette; and in at least one newspaper distributed nationally, or if the exercise of the power will affect only a specific area, in at least one newspaper distributed in that area.
invite members of the public to submit to the Minister or MEC, within 21 days of publication of the notice in the Gazette, written representations on or objections to the proposed exercise of the power; and contain sufficient information to enable members of the public to submit meaningful representations or objections.
The Minister or MEC may in appropriate circumstances allow any interested person or community to present oral representations or objections to the Minister or MEC, or a person designated by the Minister or MEC.
The Minister or MEC must give due consideration to all representations or objections received or presented before exercising the power.
An application in terms of subsection (1) must be accompanied by reasons.
grant the application or grant the application on conditions; or refuse the application.
TheAtmospheric Pollution Prevention Act is hereby repealed.
Anything done or deemed to have been done under a provision repealed by subsection (1)and which can be done in terms of a provision of this Act, must be regarded as having been done under the provision of this Act.
At the commencement of this Act all existing registration certificates issued in respect of processes identified in Schedule 2 of the Atmospheric Pollution Prevention Act must be deemed to be provisional atmospheric emission licenses issued in terms of this Act for a period of two years from the commencement of this Act.
The national air quality officer must issue written confirmation to holders of such registration certificates of the change in status of their atmospheric emission authorisation within 90 days of the commencement of this Act.
The holders of a written confirmation referred to in subsection (2) mustmake an application for an atmospheric emission license within one year of the commencement of this Act.
Failure to makethe necessary application within the period provided under subsection (3) renders the provisional atmospheric emission license referred to in subsection (1) null and void.
The holder of a provisional atmospheric emission license contemplated in subsection (1)is entitled to an atmospheric emission license when the facility for which the licerse is issued is in full compliance with the requirements of the provisional atmospheric emission license.
Despite subsection (5), the licensing authority may require a review of the provisional atmospheric emission license in terms of section 39 or a variation as provided €or in section38 before the atmospheric emission license contemplated in of subsection (5)is granted.
Pending the identification of listed activities as contemplated in section 20, the processes identified in Schedule 2 of the Atmospheric Pollution Prevention Act must be regarded to be listed activities.
Pending the setting of standards referred to in section 6, the ambient air quality guidelines contained in the' Atmospheric Pollution Prevention Act continue to apply.
This Act is called the National Environmental Management: Air Quality Act, 2003, and takes effect on a date determined by the Minister by notice in the Gazette.
<fn>GOV-ZA.247handlingofheavysnowfallsdemonstratedsasdisasterresponsecapability2En.2012-02-10.en.txt</fn>
PRETORIA, 28 July 2011- The Department of Cooperative Governance's National Disaster Management Centre (NDMC) today congratulates provincial and local disaster management centres in the three provinces that experienced heavy snowfalls, for preventing serious damages and loss of lives through their collaborative approach in dealing with the emergency situation.
The NDMC today confirms that reports from Kwa Zulu-Natal, Eastern Cape and Free State provinces indicate that things are back to normal with just a few roads that are in the process of being cleared with the relevant authorities still monitoring the developments in those areas.
The three provinces reported road closures which led to stranded motorists due to the abnormally heavy snowfall which befell parts of the three provinces in the beginning of this week. The Free State province had also reported power failure in Vrede which has since been restored.
"Our emergency systems in all government spheres are showing improvements. We see notable levels of coordination and collaboration among disaster management centres which optimises the use of resources which in turn leads to the provision of superior service to communities," noted Modiegi Sethusha, the acting head of the NDMC.
The floods that most parts of the country experienced at the beginning of the year, which also resulted in the declaration of a state of national disaster, highlighted the benefits of disaster response coordination which has now played a critical role as a strength that disaster management centres drew from to efficiently eliminate any serious damage or loss of life during this week's heavy snowfalls.
Sethusha applauds the joint efforts involving the Police; Defence; Road Traffic Management Corporation; South African Weather Service; Transport department; farmers; Border Control Coordinating Committee; members of the public; provincial and municipal disaster management centres who all ensured that swift and effective assistance was provided.
The National Joint Committee on disaster under the leadership of NDMC will continue to monitor the situation to ensure that swift response is available should any emergency situation arise.
<fn>GOV-ZA.247handlingofheavysnowfallsdemonstratedsasdisasterresponsecapabilityEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.24814aEn.2012-02-10.en.txt</fn>
Vol. 454 Pretoria 29 April 2003 No.
Higher Education Amendment Bill, 2003.
The Director-General, Private Bag X895, Pretoria, 0001, for attention: Ms M Locke, Fax No. (012) 326-9128 or e-mail: Locke.M@doe.gov.za, telephone number (012) 312 5356.
Kindly provide the name, address, telephone number and fax number and e-mail address of the person or organization submitting the comments.
The comments should reach the Department not later than 21 May 2003.
To amend the South African Qualifications Authority Act, 1995, so as to effect textual corrections; and to make provision for the increase of the number of members nominated by the organized teaching profession; to provide for the extension of term of office of members of the Authority; to amend the South African Schools Act, 1996, so as to provide for the prohibition of the payment of any remuneration to an educator employed in terms of the Employment of Educators Act, 1998, by a School Governing Body; to amend the Employment of Educators Act, 1998, so as to effect textual corrections; and to provide for an appeal by the employer against the finding of the presiding officer of a disciplinary hearing; to amend the General and Further Education and Training Quality Assurance Act, 2001, so as to extend the definition of the Council; and to provide for matters connected therewith.
Amendment of section 4 of Act 58 of 1995 1.
"(1) The Authority shall consist of a chairperson who shall be appointed in terms of subsection (2), such members as shall be appointed in terms of subsections (3) and (4), and an executive officer who shall be appointed in terms of subsection [(7)] (8).".
"(3)(n) [two] three members nominated by the organised teaching profession.".
"(9) Despite subsection (6), the Minister may extend the term of office of any member or members.".
Insertion of section 38A in Act 84 of 1996 2.
except for the payment of travel and subsistence expenses in amounts comparable to those paid for similar expenses incurred by public servants.
The travel and subsistence expenses contemplated in subsection (1) must be directly related to official school activities.
The payment contemplated in subsection (1) must be reflected in the school's budget.
any person who made such payment without the authorization of the school governing body.
Amendment of section 8 of Act 76 of 1998, as amended by section 11 of Act 50 of 2002 3.
"(7) Despite [section] sections 6(3)(a) and 8(2) in the case of an educator who has been awarded a bursary by the employer to follow a course approved by the employer, the employer may transfer such an educator, with his or her consent, to any suitable post on the educator establishment of a public school, a further education and training institution or an adult basic education and training centre.".
Amendment of section 25 of Act 76 of 1998 4.
(2) An educator or an employer has a right to appeal to the Minister or the Member of the Executive Council, as the case may be, against the finding by the presiding officer of a disciplinary hearing, as contemplated in section 17 or 18, and against the sanction imposed in terms of section 18(3)(e) to (i).
In lodging an appeal, the educator or employer must comply with the procedure laid down in Schedule 2.
Amendment of section 34 of Act 76 of 1998 5.
Shall be guilty of an offence an liable on conviction to a fine or to imprisonment for a period not exceeding six months or both such fine and such imprisonment'.'.
Amendment of item 9 of Schedule 2 to Act 76 of 1998 6.
(1) An educator or an employer may appeal against a finding or sanction by making an application in accordance with Form E attached to this Schedule.
The educator or the employer must, within five working days of receiving notice of the final outcome of a disciplinary hearing, submit the appeal form to the Member of the Executive Council or the Minister, as the case may be.
If the Member of the Executive Council or the Minister, as the case may be, chooses to allow further representations by the educator, [or] his or her representative, or an employer, he or she must notify the educator or employer respectively of the date, time and place where such representation must be made.
Substitution of Form E of Schedule 2 to Act 76 of 1998 7.
I, , [NAME OF EMPLOYEE OR EMPLOYER] hereby appeal against the FINDINGS and/or SANCTION that have been imposed in terms of the Disciplinary Code and Procedure on [DATE] at [PLACE].
I attach a copy of the final outcome of the disciplinary enquiry.
I wish/do not wish [CHOOSE ONE] to provide additional evidence not available at the time of the disciplinary proceedings.
Amendment of section 1 of Act 58 of 2001 8.
Amendment of section 4 of Act 58 of 2001 9.
"4. A juristic person to be known as Umalusi, the Council for General and Further Education and Training Quality Assurance [Council] is hereby established.".
This Act is the Education Laws Amendment Act, 2003, and commences on the date of publication in the Government Gazette.
General and Further Education and Training Quality Assurance Act 58 of 2001 2.
The Acts are amended so as to make certain technical adjustments to clarify matters and to insert certain provisions to cover matters which are not provided for by the existing provisions of the Acts.
of section 4 of the Act and not subsection (7). It is therefore necessary to effect such textual correction.
Given that there are three main teacher unions, section 4(3)(n) of the Act is amended so as to increase the number of the representatives of educators in the Authority from two to three.
Section 4(6) of the Act determines that a member of the Authority may be re-appointed only once. But sometimes it is necessary to keep a member due to his or her expertise and experience in matters relating to the functions of the Authority. To make room for such a member, section 4 is amended to enable the Minister to extend the term of office of a member or members of the Authority.
During the investigation into the cost of education in public schools, requests were made to the Minister to regulate the additional remuneration to state employed educators by governing bodies. The school fund in most public schools consists mainly of compulsory contributions by parents of learners, but parents are kept uninformed about amounts paid to such educators and of the reasons for such additional remuneration.
In principle, all educators employed by the provincial departments, that is, state employed educators, must be compensated within the same salary ranges and on the same salary level for the same or similar duties. It is unfair and inappropriate for any state official, including educators who are being paid by their employer, to receive any additional remuneration or benefits in kind for work done in an official capacity, unless the employer gave prior approval to the official to receive such benefits.
The governing body of a school is not the employer of educators, except for those educators employed by the governing body in terms of section 20(4) of the South African Schools Act. If the school requires an educator to perform duties which do not fall within the educator's job description and working hours, such activities will require the governing body to create a specific post. The creation of a post by a governing body requires it to reflect the number of, and sufficient details of the posts when presenting its budget in accordance with section 38 of the Act. The budget must reflect the cost relating to the employment of staff in such posts, and the manner in which such costs will be met. Once a post is created by a governing body, it must be filled in an open and transparent manner and any person may compete for such a post, as prescribed by labour laws. If a state employed educator is the most suitable person for the job and it does not interfere with his or her normal duties or working hours at the school, prior approval must be obtained from his or her employer by the governing body, and if approval is obtained, such an educator will be appointed to the post.
The main aim of the amendment is not to ban extra remuneration for educators employed by the State completely, but to curb the irresponsible manner in which it is done. The proper way of paying such remuneration is first and foremost to seek the approval of the Head of Department and secondly, the remuneration must be reflected in the annual budget of the school as contemplated in section 38 of the Act.
The current position is that educators who receive such remuneration are subject to disciplinary measures in terms of sections 33 and 18(1)(h) of the Employment of Educators Act, 1998 (Act No. 76 of 1998). These provisions of the Act prevent any educator employed by the Head of Department to receive any remuneration or any compensation in cash without the written approval of the Head of Department. It is not desirable to make many educators vulnerable to disciplinary action, since the additional remuneration is offered to them. This amendment seeks to address it in a systemic manner, by prohibiting governing bodies to make such illegal temptations to educators, and not necessarily to prosecute educators for receiving such illegal donations.
There was an omission when section 8 of the Act was amended by section 11 of the Education Laws Amendment Act 50 of 2002. Reference was made only to section 6(3)(a) instead of referring also to section 8(2) of the Act because both sections are dealing with recommendations for appointment of an educator by the governing body to the Head of Department.
The amendment of section 25 of the Act is designed to allow the employer to appeal either to the MEC or to the Minister, as the case may be, against the finding of the presiding officer. This is helpful in cases where the presiding officer did not apply his or her mind properly to all the evidence before him or her and set the accused free despite the fact that evidence suggested otherwise. This applies to instances where the presiding officer decided on a sanction that does not match the misconduct committed by the accused.
3.4 General and Further Education and Training Quality Assurance Act 58 of 2001 The amendment of section 4 of the Act is proposed as a result of a request from the Council. The Council and the staff of the General and Further Education and Training Quality Assurance Council found it difficult to work with an institution with such a long and cumbersome name. The acronym, namely GENFETQAC, was also not satisfactory.
The Council has, with the help of professional word-smiths in the advertising world, adopted the name "UMALUSI" to be used to refer to the General and Further Education and Training Quality Assurance Council. The name is derived from the Nguni "uMalusi" meaning "shepherd" or, in the African context, "guardian of the family assets". UMALUSI is to take care of some of the nation's most valued possessions - general and further education and training. It will encourage and support, but also be firm on growth in quality through powerful and effective learning.
The Department of Education and the Sate Law Adviser are of the opinion that the procedures contemplated in section 73 and 76 of the Constitution, Act 108 of 1996 should be followed since the Bill falls within the ambit of Schedule 4 of the Constitution.
<fn>GOV-ZA.24814bEn.2012-02-10.en.txt</fn>
To amend the Higher Education Act, 1997, so as to provide for consequential matters arising out of incorporation of public higher education institutions in relation to labour and student matters; and to provide for matters connected therewith. BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-Amendment of section 24 of Act 101 of 1997 1. Section 24 of the Higher Education Act, 1997 (Act No.
"Sections 22(2) to (6) and 23(2), (2A) to (2H), with the changes required by the context apply to a incorporation referred to in subsection (1).".
This Act is called the Higher Education Amendment Act, 2003.
This Bill seeks to amend the Higher Education Act, 1997 (Act No. 101 of 1997).
This is necessary to clarify and bring legal certainty to issues that were introduced into the Act through the Higher Education Amendment Act, 2002 pertaining to mergers. These measures were erroneously not included in the Amendment Act, 2002 which creates an uncertainty pertaining to these matters when the incorporation takes place.
transitional arrangements relating to, for example, the academic programmes offered by institutions prior to a merger or declaration.
labour relations - there is potential legal uncertainty with regard to the applicability of section 197 of the Labour Relations Act, 1995 (LRA) in relation to the Higher Education Act. The amendment seeks to make it clear that all contracts of employment will be automatically transferred by operation of the law to the new institution. This approach is in line with section 197 of the LRA.
FINANCIAL IMPLICATIONS FOR THE STATE No additional costs are foreseen as result of these amendments.
This Bill is published to obtain comments from all role players. Advice will be formally sought from the Council on Higher Education (CHE).
GOVERNMENT GAZETTE, 29 APRIL 2003 No.
It is the view of the state law advisors and of the Department of Education that this Bill must be dealt with in accordance with the procedures established by section 75 of the Constitution.
<fn>GOV-ZA.24869bEn.2012-02-10.en.txt</fn>
The Minister of Health intends to table the Choice on Termination of Pregnancy Amendment Bill,2003 in Parliament during this year.
To amend the Choice on Termination of Pregnancy Act, 1996, so as to replace the designation of facilities by the Minister with approval by the Member of the -Executive Council, 'and -themaking of regulations connected thereto; to enable public and private facilities offering 24 hour maternity service to provide termination of pregnancy services; to provide for the recording of information and submission of statistics;and to provide for matters incidental thereto.
Amendment of section 1 of Act 92 of 1996 1.
the insertion, before the definition of "Minister"of the following definition: 'I 'Member of the Executive Council' means the Member of the Executive Council of a province.
Substitution of section 3 of Act 92 of 1996 2, The following section is hereby substituted for,.
Termination of a preanancv mav take place onlv at a facility approved by the Member of Executive Council by notice in the Provincial Gazette for that purpose.
Provincial requirements conditions necessary to approve such faciiities referred to subsection (I). The Memberofthe Executive Council may, ongood cause shown, withdraw any approval granted in terms of subsection (1).
Any public or privatehealthfacilitythat has a 24 hour maternity service, which with andcomplies the requirements and conditions contemplated insubsection (2), is exempted from requiring approval toterminate pregnancies of up to and including 12 weeks.
The Member of Executive Council shall on an annual basisprovidethe Minister with statistics of approved facilities for that particularyear.
TheMinistermay exercise the powers and functions accorded the Member of the Executive Council, in order to achieve the objects of this Act: Provided that in case of a conflictonthe exercise of these powersandfunctions, section 146 of the Constitution of the Republic of South Africa, 1996, shall be used to resolve the said conflict.
Amendment of section 7 of Act 92 of 1996 3.
"(3) The person in charge of a facility referred to in section 3, shall, within one month of the termination of a pregnancy atsuchfacility, collate the prescribed informationand forward it by registered confidentiallythe post to [Director-General] Head of Department: Provided that the name and address of a woman who has requested or obtained a termination of pregnancy, shall not be included in the prescribed information."
"(4A) The Head of Department shall providethe Director -General with the information referred to in subsection (4) evew six months."
Substitution ofsection 8 of Act 92 of 1996 4.
The [Minister] Member of the Executive Council may, on such conditions as he or she maydetermine, in writing delegate to the [Director-General ] Head of Department or any other officer in the service of the State, any power conferred upon the [Minister] Member of theExecutive Council by or under this Act, except the power referred to in section 9.
The [MinisterorDirector-General] Member of the Executive Council or Head of Departmentshall not be divested of any power delegated by him or her, and may amend or set aside any decision taken by a person in the exercise of any such power delegated to [him or her] that person.
Amendment of section 9 of Act 92 of 1996 5.
9. Regulations ftJ The [Minister] Member of the Executive Councilmaymake regulations relating to any matter which he or she may consider necessary or expedient to prescribe for achieving the objects of this Act.
The regulations contemplated in subsection (1) shall be approved bv the Minister before thev can be put into effect by the Member of the Executive Council.
Amendment of section 10 of Act 92 of 1996 6.
(7) Any person who -is not a medical practitioner.
Insertion ofsection 1IA in Act 92 of 1996 8.
Anv facility desiqnated in terms of section 3(I),is deemed to have been aDproved bv theMember of theExecutiveCouncil in terms of this Act.
This Act is called the Choice on Termination of Pregnancy Amendment Act, 2003.
<fn>GOV-ZA.24869cEn.2012-02-10.en.txt</fn>
The Minister of Health intends to table the Dental Technicians Amendment Bill, 2003 in Parliament during this year.
To amend the Dental Technicians Act,1979, so as to provide for the recognition of informally trained persons for purposes of restricted registration as dental technicians on conditions determined by the Dental Technicians Council and prescribed by the Minister; and to provide for matters connected therewith.
Amendment of section 1 of Act 19 of 1979 as amended by section 1 of Act 43 of 1997 1.
Insertion of section 23A in Act 19 of 1979 2.
the council, prescribe the conditions in terms of which an informally trained person can be registered by the council as a dental technician in terms of this Act.
the conditions in terms of which aninformally trained person obtained who restricted registration as a dental technician can practise his or her profession.
Amendment of section 32 of Act 19 of.
Section 32(2) of the priniipal 'Act is hereby amended by the substitution in subsection (2) for the word "shall" of the word "may".
Amendment of section 32A of Act 19 of 1979 as amendedby section 26 of Act 43 of 1997 4.
allthe members of suchjuristicperson, beingan incorporated company or a close corporation practice their profession and operate the laboratory on the same premises.
34 of Act 43 of1997 5.
(5) 3nthree mo-0 any regulation is made under subsection (I), cause thetextof suchregulation to bepublishedin the Gazette together with a noticedeclaring his or her intention make regulationinviting to such and interestedpersons to furnish him or her with any comments thereon or any representations they wish to make in regard thereto.
any regulation inrespectofwhichtheMinister isadvisedby the council tbt thepublic interest requires itto be made without delay.
1979) (hereinafter referred to as "the principal Act").
A definition for the expression "informally trsrined person" is inserted into section 1of the principal Act.
A new section23A is insertedin the principal Act by the amendment bill in order to provide for the recognitionof informally trained persons ana to enable the Minister to make regulations regarding the conditions in terms of which an informally trained person can be registered by the council as a dental technician in terms of the Act.
Currentlysection 32(2) oftheprincipal Act determinesthatadental technician contractor, w, from a date determined by the Minister by noticein the Gazette, directlyclaimfromthepatient or medicalaid scheme concerned for services rendered.
Note: such a notice has not yet been published in the Gazette due to the problems created by the word-"shall".
Section 32(2) of the principal Act is amended by the amendment bill by the substitution for the word "shall" of the word "may."
The reasonfor replacing the word "shall" with the word "may" is to make it possible for a dental technician contractor io negotiate direct payment with hisor her client, the dentist. There are quite a number of small one man dental laboratories which do not have the infra structure to directly claim from the medical aids or patients.
The substitution of the current subsection (3) is necessary in order to bring it in line with the intention of the rest of the principal Act in that a dental technician and a dental technologist or a dentist and a clinical dental technologist must only do work for their own clientsor patients.
Currentlysection 50(1) of theprincipal Act does not provideforthe Minister to make regulations regarding the conditions in terms of which an informally trained person can be registered by the council as a dental technician in terms of section 23Aof the Act.
28 No. 24869 GOVERNMENT GAZETTE, 19 MAY 2003 can be registered by the council as a dental technician in terms of section 23A of the Act.
Section 50 of theprincipalActlists all the issueswhichcanbe determinedbyMinisterregulationtherefore the by and the circumstances interms of which an informally trained person can obtain restricted registration in terms of section 23A must also be listed.
Section 50 of the principal Act is amended by the insertion of a new subsection (5)and (6)which inferalia determines that the Minister shall not less than three months before any regulation is made, publish such regulationforcommentfirst, unlesstheMinisterdeems it in public interest to publish a regulation without delay.
The practice within the National Department of Health is to publish any regulation, whether an Act requires it or not, for comment first before publishing it in final form. This practice allows the public and interested parties to submit commentson adraftregulation. Thispracticehas already been incorporated in certain Acts administered by the National DepartmentofHealthforexampletheFoodstuff, Cosmeticsand DisinfectantsAct,1972,theHealthProfessionsAct,1974andthe Pharmacy Act, 1974.
The amendment bill does not have any financial implications for the State.
The amendment bill has no communication implications in addition to the commencement of the amendment bill as an Act of Parliament being published in the Government Gazetfe.
The amendment bill has no organisationalor personnel implications for the State.
Technicians Council and the Directorate: Oral Health.
The State Law Advisors and the Department of Health areofthe opinion that the amendment bill must be dealt with in accordance with section75 of the Constitution.
<fn>GOV-ZA.24893eEn.2012-02-10.en.txt</fn>
The Department of Arts and Culture invites public comments on the draftSA Languages Bill, which is intended to become the SA Languages Act.
Written comments rnqbe forwarded to the Office of the Chief Director, National Language Service. Contact details are asfollows: National Language Service P/Bag X195 PRETORIA 000 1 30 NO.
To provide for an enabling framework for promoting South Africa's linguistic diversity and encouraging respect for language rights within the framework of building and consolidating a united, democratic South African nation, taking into account the brmd xcepiance of linguistic diversity, social justice, the principle of equal access 13pc~lcservices and programmes, respect for language rights, the establishment of ~z-qzqsssrvic-zs i:, ali spheres of government, the powers and functions of such srvices, an3 mztrscs conriecteci theravdn?
"Constitution" means the Constitution of the Republic of South Africa, 1996 (Act No.
"rotation" means the process by whichdocuments intended for the general public that are published and disseminated by any national government department and, mutatis mutandis. any provincial administration, will be available simultanecusiy in six of the languages as stipulated in section 5(2) of this Ac, or as determined by provincial measures?
provide framework facilitzleeffective implementation of constitutional concerning multilingualism.
The promotion and accommodation of linguistic diversity must be pursued in accordance with the Constitution and relevant international law.
The entrenchment of language equity and language rights must be pursuedin such a way thatboth national unity and democracy are promoted.
The learning of South African languages, especially the indigenous languages, must be encouraged.
Measures for the implementation of multilingualism must take into account the interests, needs and aspirations of all affected parties, and their participation in language matters must be promoted.
Theremust be intergovernmental coordination and harmonisation of policies, legislation and actions relating to the entrenchment and promotion of multilingualism.
(d)guide the interpretation, administration and implementation of this Act.
any institution exercising a public poweror performinga public function in terms of any legislation, subject to the provisions of section 5(5)(c).
3 provision of this Act, any person, court or tribunal shall prefer any reasonabie inrerpretation that is consistent with the objects of the Constitution ani this Act to any alternative interpretation that is inconsistent with the objects as contained in section 2.
iij the Pan South African Language Board established in terms of the Pan Swth African Language Board Act, 1995 Act No. 59 of 19951, are limited or undermined.
5(1) The application of this section and all measures taken in pursuance thereof shall ensure the equitable treatment and parity of esteem of the languages concerned.
In addition to the purposes in section 7(b), and subjecttothe provisions of subsection (51, government documents shall be made availableinall 11 officiallanguages, and in caseswhere this is not feasible, national government departments shall publish documents simultaneously in at least six official languages. The se!ection cf languages shall apply as is stated in subsection (3)(a) and on a rotational basis from the two categories of official languages in subsection (3)(a)(v) and (vi), except when the reievant organ of state or other institution can show that it is reasonably necessary to follow an alternative policy in the interest of effective governance or communication.
shallbeadoptedand implemented in consultation with the Pan South African Language Board; and comply with the provisions of sections 6(3)(a) and 30 of the Constitution.
legislative, executive and judicial functions of government in the prOVincia! and bcai spheres, proviaed that regional and local circumstances shall receive due recognition in addition to the factors referred to in paragraph (a).
institutions reierred toin section 4(l)(b) where applicable, and provided that the nature, aim and activities of such an institution receive due recognition in determining an appropriate language policy.
c! consider!
for each province in terms of provimlal legislation providing for the implementation of this Act.
Provincial governments shall take the necessary measures to support and strengthen the capacity of local governments to comply with the provisions of this Act and the constitutional provisions on language.
Wherean existing unit in any sphere of government is already involved in langusge matters, the relevant national department or province may assign such powers and functions to the unit as are necessary for the fulfilment of its obligaticns in terms of this Act and the Cons:iti;:ion.
written communication with the public; and international communication where applicable.
c, conduct language surveys and audits relevant to its sphere of activity with a view to assessing the appropriateness of existing language policy and practice.
do all things incidental to or necessary for the proper fulfilment of the obligations referred to in paragraphs (a) to (d).
establish new structures and programmes for the development of these ianguages! and support cross-border projects for the development of these languages in the Southern African region.
Without derogating from the provisions of the Pan South African Language Board Act, 1995 Act No.
shall, where applicable and when necessary. for the effective implementation of this Act and to avoid duplication of activities and services, liaise and cooperate with any other public or private body, institution or service that has the necessary resources and capacity to facilitate the effective implementation of this Act; and may enter into an agreement with any such person or institution for delivering a service or product, conducting research that will facilitate the implementation of this Act, the development of South African languages, or the adaptation or development of appropriate technology to facilitate the development and use of South African languages.
the Pan South African Language Board, which may take any action provided for in section 8(l)(b) to (d) of the Pan South African Language Board Act, (Act No. 59 of 1995).
where necessary, deal with any other matter that could contribute towards the promotion of multilingualism.
Any report submitted in terms of this section shali be duly taken into consideration by the relevant organ of state when subsequent measures for tne impiementation of this kci are taken.
the non-compliance with a recommendation, finding or decision of the Pan South African Language Board in relation to this Act.
an order for.
SI an order to comply with any prwision of: his Act, or a finding, recommenda!onor decision of the Pan South African Language Board: an appropriate order of costs against any party to theproceedings?
Nothing in this section derogates from any right of action a person might have other than the right of action set out in this section.
In proceedings under this section relating to a complaint against an organ or institution to whichthis Actapplies, the Court may admit as evidence information relating to any similar complaint under this Act or the Pan South African Language Board Act, 1995 (Act No. 59 of 1995), in respect of the same organ or institution.
Where the Court is of the opinion that an application in terms of this section has raised an important new principle in relation to this Act, the Court may order that costs be awarded to the applicant even if the applicant has not been successful in the result.
<fn>GOV-ZA.2490En.2012-02-10.en.txt</fn>
Johannesburg - South Africa's airports are gearing up to receive an estimated half-a-million visitors for the 2010 Fifa World Cup with improved check-in and self-service facilities through a US$35-million [about R263.9-million] programme to be implemented by aviation IT specialist SITA.
Under a five-year contract announced on Wednesday, SITA will provide Airports Company South Africa (Acsa) with the equipment and infrastructure for both agent check-in and passenger self-service kiosk check-in at all its airports.
Acsa operates 10 of the country's airports and handles around 98 percent of South Africa's commercial air traffic. The programme will immediately benefit the three international airports in Johannesburg, Durban and Cape Town, and the local airport in Port Elizabeth.
SITA has also agreed with Aviation Coordination Services (ACS), which represents the 75 airlines using South African airports, to provide continued maintenance and operation of the CUTE (Common Use Terminal Equipment) and CUSS (Common Use Self Service) check-in environment.
"SITA currently supplies many of the airport systems in South Africa, but Acsa and ACS took the opportunity to review and upgrade services before 2010 to ensure that the surge of passengers travelling to the World Cup games could be handled with ease," SITA said in a statement on Wednesday.
Acas operations director Bongani Maseko said South Africa's airports would be the first and last experience our international visitors will have during the World Cup, so it is vital that we are well prepared.
"As part of this agreement with SITA, we have already installed new check-in equipment and trained all airline staff at the central terminal building in Johannesburg's OR Tambo International Airport," Maseko said. "Work in the other terminals there will be completed in the coming months, and the new terminal at Cape Town International Airport will be opening in November 2009."
In total, 64 World Cup games will be played at 10 venues across the country between 11 June and 11 July 2010.
SITA's Khodr Akil said that during this period, South Africa's airports will have to handle up to 78 000 passengers and 260 international flights a day and will also require the capability to respond flexibly to airline schedule demands at peak times.
"Our common use check-in technology, SITA AirportConnect Open, will ensure that all work stations across the country's airports will be available for use by the approximately 75 different airlines handling these passengers, thus maximising the use of these resources to ensure smooth passenger management and minimize delays," Akil said.
"This shared infrastructure will provide the flexibility necessary to respond quickly to individual airline needs."
SITA has worked with a number of airports around the world as they prepared for major events, the most recent being Beijing International Airport ahead of the 2008 Olympic Games.
"The key to success in handling large passenger flows is to have the most suitable technology in place before the main event, making sure that all systems are tested and that staff are trained," Akil said. "Acsa and ACS are well advanced in this and, with SITA's support, will be well and truly ready by June 2010."
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<fn>GOV-ZA.24935En.2012-02-10.en.txt</fn>
principle of co-operative governance to ensure that the environmental rights in the Constitution are protected and fulfilled. The Bill employs a number of instruments to promote and giveeffect to co-operative governance as envisagedin section 41(2) of the Constitution.
ChaDter 4 contains provisions for the protection of rare or threatened species, and species under agreements, wellthreatened protected international asas ecosystems, setting out the listing of species and ecosystems on the basis of their national or international conservation status and regulating the activities, including trade, that may involve such listed species and ecosystems. A scientific authority for thispurpose is established and its functions areset out. Provision is madefor regulations to facilitate the objectives of this chapter.
ChaDter 8 establishes administrative arrangements for implementation of theAct and enables the Minister to make regulations relatingto certain sections of theAct or any matter in order to facilitate its implementation. Specific ares where the Minister may make regulations are national norms and standards; protection and utilisation of speciesandecosystems;implementation of international agreements;alienand invasivespecies;bioprospectingandpermits. Thischapteralsocompelsthe Minister tofollow a consultative and public participation processin exercising powers under theAct.
ChaDter 9 and 10 respectively provide for penalties and offences and repeals the Forest Act (Act No. 122 of 1984), providesforasavings clause, and legality to bioprospecting agreements concluded before theAct takes effect.
(10 and 11 February 2003). "Contact Trust" facilitated the Civil Society workshops and their inputis appreciated and acknowledged by DEAT.
To provide within the framework of the National Environmental Act, 1998, for the management and conservation of South Africa's biodiversity; the protection of species and ecosystems thatwarrant national protection; the sustainable use of indigenous biological resources; the fair and equitable sharing of benefits arising from bioprospecting of genetic material derived from indigenous biological resources; the establishment and functions of a SouthAfricanNationalBiodiversityInstitute; and farmattersconnected therewith.
"municipality" means a municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act No.
"National Environmental Management Act" means the National Environmental Management Act, 1998 (Act No.
section 2 of the National Environmental Management Act; and section 2 of the National Environmental Management: Marine Living Resources Act, 1998 (Act No.
"vulnerable species" means any indigenous species facing a high risk of extinction in the wild in the medium-term, but which is not a critically endangered species or an endangered species.
In this Act, words or expressions derived from words or expressions defined in subsection (1) have corresponding meanings unless the context indicates that another meaning is intended.
to provide for co-operative governance in biodiversity management and conservation; and to provide for a National Biodiversity Institute to assist in achieving the above objectives.
through the organs of state implementing this Act, must act as the public trustee of South Africa's biological diversity and its genetic resources; and must implement this Act to achieve the progressive realisation of those rights.
its territorial waters, exclusive economic zone and continental shelf as described in the Maritime Zones Act, 1994 (Act No. 15 of 1994); and the Prince Edward Islands referred to in the Prince Edward Islands Act, 1948 (Act No. 43 of 1948); and to human activity affecting the biological diversity of the Republic.
bind the Republic; and is binding on all persons and organs of state.
interpreted and applied in accordance with the national environmental principles; and read with Chapter 9A and other applicable provisions of the National Environmental Management Act.
provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and a municipal by-law, the section of this Act prevails.
provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and a municipal by-law, the subordinate legislation issued in terms of this Act prevails.
For the proper application of subsection (2) (a) the Minister must in terms of section 146 (6) of the Constitution submit all subordinate legislation issued in terms of this Act and which affects provinces, to the National Council of Provinces for approval.
the restriction of activities which impact on biodiversity; and set indicators to measure compliance with those norms and standards.
Before issuing norms and standards and setting indicators to measure compliance with those norms and standards, the Minister must consult the MEC for environmental affairs in each province in which those norms and standards will apply.
to a specific category of biodiversity only; or to a specific category of persons only.
different categories of biodiversity; or different categories of persons.
monitoring compliance with the norms and standards; and enforcing the norms and standards.
A National Biodiversity Institute is hereby established.
The Institute is a juristic person.
assigned to it in terms of this Act; or as may be prescribed.
When the Institute in terms of subsection (1) gives advice on a scientific matter it may consult any appropriate organ of state or other institution which has expertise in that matter.
perform legal acts, including acts in association with or on behalf of any other person or organ of state; and institute or defend any legal action.
a person designated by the Cabinet member responsible for science and technology; and the Chief Executive Officer of the Institute.
must determine the number of members to be appointed in terms of subsection (1) (a); and may alter from time to time the number determined in terms of paragraph (a), but a reduction in the number may be effected only when a vacancy in the Board occurs.
those decisions taken in consequence of a delegation in terms of section 26; or where the Public Finance Management Act provides otherwise.
be a fit and proper person to hold office as a member; and have appropriate qualifications or experience.
a person who has been removed from office in terms of section 20.
compile a list of the names of persons nominated, setting out the prescribed particulars of each individual nominee; and submit the list to the Minister.
particulars of the nominee's qualifications or experience; and any other information that may be prescribed.
The Minister must make the required number of appointments from the list submitted in terms of subsection (1) (c), but if the list is adequate, the Minister may appoint any suitable person of the Minister's choice.
consult the MECs for environmental affairs; and have regard to the need for appointing persons disadvantaged by unfair discrimination.
Appointments must be made in such a way that the Board is composed of persons covering a broad range of appropriate expertise.
Whenever necessary the Minister must appoint a member of the Board as the Chairperson of the Board.
The Chairperson is appointed for a period as may be determined by the Minister which may, in the case of a member referred to in section 12 (1) (a), not extend beyond his or her term as a member.
the Chairperson is absent for a substantial period; or the appointment of a Chairperson is pending.
are eligible for re-appointment for one additional term of three years, subject to section 20; and may have their appointment in terms of paragraph (a) or (b) extended by the Minister for a specific period not exceeding one year.
The Minister must determine the conditions of appointment of members of the Board referred to in section 12 (1) (a).
The conditions of appointment of members who are not in the employ of a national, provincial or local organ of state may provide for the payment of remuneration and allowances determined by the Minister in concurrence with the Minister for Finance. Such remuneration and allowances are payable by the Institute.
Members who are in the employ of a national, provincial or local organ of state are not entitled to remuneration and allowances, but must be compensated for out of pocket expenses by the Institute.
Members are appointed part-time.
may not use the position, privileges or knowledge of a member for private gain or to improperly benefit another person; and may not act in any other way that compromises the credibility, impartiality, independence or integrity of the Institute.
A member of the Board who contravenes or fails to comply with subsection (1) is guilty of misconduct.
resigns; or is removed from office in terms of section 20.
A member may resign by giving at least three month's written notice to the Minister, but the Minister may accept a shorter period in a specific case.
misconduct, incapacity or incompetence; or absence from three consecutive meetings of the Board without the prior permission of the Board except on good cause shown.
A member of the Board may be removed from office on the ground of misconduct or incompetence only after a finding to that effect has been made by a board of inquiry appointed by the Minister.
The Minister may suspend a member under investigation in terms of this section.
in the case of a vacating Chairperson, by appointing another member in terms of section 15 (1) as the Chairperson; and in the case of a vacating member referred to in section 12 (1) (a), by following the procedure set out in section 14.
A person appointed to fill a vacancy holds office for the remaining portion of the term of the vacating Chairperson or member.
The Chairperson of the Board decides when and where the Board meets, but a majority of the members may request the Chairperson in writing to convene a Board meeting at a time and place set out in the request.
The Chairperson presides at meetings of the Board, but if absent from a meeting, the members present must elect another member to preside at the meeting.
The Board may determine its own procedures subject to the other provisions of this Act.
The Board must keep records of its proceedings and of decisions taken.
A majority of the members of the Board serving at any relevant time constitutes a quorum for a meeting of the Board.
A matter before the Board is decided by the votes of a majority of the members present at the meeting.
If on any matter before the Board there is an equality of votes, the member presiding at the meeting must exercise a casting vote in addition to that person's vote as a member.
The Board may establish one or more committees to assist it in the performance of its functions or the exercise of its powers.
When appointing members to a committee, the Board is not restricted to members of the Board.
may remove a member of a committee from office at any time; and must determine a committee's procedure.
The Board may dissolve a committee at any time.
Section 17 read with the necessary modifications as the context may require, applies to the conditions of appointment of committee members. A staff member of the Institute appointed to a committee serves on the committee subject to the terms and conditions of that person's employment.
a staff member of the Institute.
the determination of the conditions of service of the Chief Executive Officer in terms of section 27 (3); and the determination of an employment policy in terms of section 28 (1); and the setting of financial limits in terms of section 28 (2) (a) or (3).
does not divest the Board of the responsibility concerning the exercise of the delegated power or the carrying out of the delegated duty; and does not prevent the exercise of the delegated power or the carrying out of the delegated duty by the Board.
The Board may confirm, vary or revoke any decision taken in consequence of a delegation in terms of this section, subject to any rights that may have accrued to a person as a result of the decision.
The Board, acting with the concurrence of the Minister, must appoint a person with appropriate qualifications and experience as the Chief Executive Officer of the Institute.
is appointed for a term not exceeding three years; and may be re-appointed by the Board with the concurrence of the Minister, but only for one additional term not exceeding three years.
The Chief Executive Officer is employed subject to such terms and conditions of employment as the Board may determine in accordance with a policy approved by the Minister with the concurrence of the Cabinet member responsible for finance.
must perform such duties and may exercise such powers as the Board may delegate to the Chief Executive Officer; and must report to the Board on aspects of management, the performance of duties and the exercise of powers, at such frequency and in such manner, as the Board may determine.
Whenever the Chief Executive Officer is for any reason absent or unable to carry out his or her functions, or whenever there is a vacancy in the office of the Chief Executive Officer, the Chairperson of the Board may appoint another employee of the Institute as acting Chief Executive Officer for a period not exceeding six months.
has the powers and duties of the Chief Executive Officer; and is employed subject to such terms and conditions of employment as the Chairperson may determine in accordance with the policy referred to in subsection (3).
The Board, acting with the concurrence of the Minister, must determine an employment policy for the Institute.
within the financial limits set by the Board, must determine a staff establishment necessary for the work of the Institute; and may appoint persons in posts on the staff establishment.
An employee of the Institute is employed subject to the terms and conditions of employment determined by the Chief Executive Officer in accordance with the employment policy of and within the financial limits set by the Board.
A person in the service of another organ of state may be seconded to the Institute by agreement between the Chief Executive Officer and such organ of state.
Persons seconded to the Institute perform their functions under the supervision of the Chief Executive Officer.
A person in the service of the Institute may, with the consent of that person, be seconded to another organ of state by agreement between the Chief Executive Officer and such organ of state.
The Institute is a public entity for the purposes of the Public Finance Management Act, and must to that end comply with the provisions of that Act.
Despite section 49 (2) (a) of the Public Finance Management Act, the Chief Executive Officer is the accounting authority of the Institute.
income derived by it from investments; and money derived from any other source, subject to the Public Finance Management Act.
subject to any investment policy that may be prescribed in terms of section 7 (4) of the Public Finance Management Act; and in such a manner as may be approved by the Minister.
a national botanic garden; or a part of an existing national botanic garden.
A notice in terms of subsection (1) (a) or (2) (a) must assign a name to the national botanic garden.
The sites described in Schedule 1 of the Forest Act, 1984 (Act No.122 of 1984), must be regarded as having been declared as a national botanic garden in terms of this section.
amend or withdraw a notice referred to in section 32, subject to subsection (2) of this section; or amend the name assigned to a national botanic garden.
The declaration of state land as a national botanic garden, or part of an existing national botanic garden, may not be withdrawn and no part of a national botanic garden on state land may be excluded from it except by resolution of each House of Parliament.
The Institute must perform its functions and exercise its powers subject to any norms and standards, directives and determinations issued by the Minister in terms of subsection (1).
In the event of the absence of a functional Board, the functions and powers of the Board revert to the Minister who, in such a case, must perform those functions and may exercise those powers until the Board is functional again.
to provide for monitoring the conservation status of various components of South Africa's biodiversity ; and to promote biodiversity research.
Organs of state charged with biodiversity planning in terms of this Chapter and with land use planning in terms of the Land Use Management Act, 2003, must exercise their respective functions in co-operation with each other.
must review the framework at least every five years; and may, when necessary, amend the framework.
The Minister must publish the national biodiversity framework and each amendment of the framework by notice in the Government Gazette.
any relevant international agreements binding on the Republic; and reflect regional co-operation on issues concerning biodiversity management in Southern Africa.
The national biodiversity framework may determine norms and standards for provincial and municipal environmental conservation plans.
specify a geographic area of any scale that contains whole or several nested ecosystems and which can be characterised by its landforms, vegetation cover, human culture and history, as a bioregion for the purposes of this Act; and publish a plan for the management of biodiversity in such region.
on own initiative but after consulting the MEC for environmental affairs in the relevant province; or at the request of a province or municipality.
Any person or organ of state, on request by the Minister, may assist in the preparation of a bioregional plan.
may enter into an agreement with a neighbouring country to secure the effective implementation of the plan; and must submit to Parliament a copy of any agreement entered into in terms of paragraph (a).
the directive principles set out in any legislation regulating land use management, land development and spatial planning administered by the Cabinet member responsible for land affairs; and any relevant international agreements binding on the Republic.
The Minister must review a bioregional plan published in terms of section 39 (1) (b) at least every five years, and assess compliance with the plan and the extent to which its objectives are being met.
The Minister may, when necessary, by notice in the Government Gazette, amend a bioregional plan or the boundaries of the bioregion in which the plan applies.
a migratory species to give effect to the Republic's obligations in terms of an international agreement binding on the Republic; or a threatened ecosystem.
Before approving a draft biodiversity management plan, the Minister must identify a suitable person, organisation or organ of state which is willing to be responsible for the implementation of the plan.
assign responsibility for the implementation of the plan to the person, organisation or organ of state identified in terms of subsection (2).
any relevant international agreements binding on the Republic.
The Minister must review a biodiversity management plan published in terms of section 42 (3) at least every five years, and assess compliance with the plan and the extent to which its objectives are being met.
The Minister, either on own initiative or on request by an interested person, organisation or organ of state, may by notice in the Government Gazette amend a biodiversity management plan published in terms of section 42 (3).
the person, organisation or organ of state implementing the plan; and any organ of state whose activities are affected by the implementation of the plan.
Before adopting or approving the national biodiversity framework, a bioregional plan or a biodiversity management plan, or any amendment to such a plan, the Minister must follow a consultative process in accordance with sections 95 and 96.
any integrated development plans adopted by municipalities in terms of the Local Government: Municipal Systems Act, 2000 (Act No.
any spatial development frameworks in terms of any legislation regulating land use management, land development and spatial planning administered by the Cabinet member responsible for land affairs; and any other plans prepared in terms of national or provincial legislation that are affected.
incorporate into that plan those provisions of the national biodiversity framework or a bioregional plan that specifically apply to it; and demonstrate in its plan how the national biodiversity framework and any applicable bioregional plan will be implemented by that organ of state or municipality.
assist the Minister and others involved in the preparation of the national biodiversity framework, a bioregional plan or a biodiversity management plan to comply with subsection (1); and make recommendations to organ of states or municipalities referred to in subsection (2) to align their plans referred to in that subsection with the national biodiversity framework and any applicable bioregional plan.
the conservation status of various components of South Africa's biodiversity; and any negative and positive trends affecting the conservation status of the various components.
The Minister may require any person, organisation or organ of state involved in terms of subsection (1) in monitoring the matters referred to in that subsection, to report regularly to the Minister on the results of such monitoring measured against the predetermined indicators.
annually report to Parliament on the information submitted to the Minister in terms of subsection (2); and make such information publicly available.
The Minister must promote research by the Institute and other institutions on biodiversity conservation, including the sustainable use, protection and conservation of indigenous biological resources.
the determination of biodiversity conservation needs and priorities; and the sustainable use, protection and conservation of indigenous biological resources.
to give effect to the Republic's obligations under international agreements regulating international trade in specimens of endangered species; and ensure that the commercial utilization of biodiversity is managed in an ecologically sustainable way.
vulnerable species; and protected species.
The Minister must regularly review the lists published in terms of subsection (1).
No person may without a permit issued in terms of Chapter 7 carry out a restricted activity involving a specimen of a listed threatened or protected species.
which is of a nature that may negatively impact on the survival of a listed threatened or protected species; and which is specified in the notice.
The Minister may by notice in the Government Gazette amend or repeal any notice published in terms of section 50 (1) or 51 (2).
may make information and documentation relating to such an international agreement publicly available; and may prescribe a system for the registration of institutions, ranching operations, nurseries, captive breeding operations and other facilities.
The Minister must establish a scientific authority for purpose of assisting in regulating and restricting the trade in specimens of listed threatened or protected species.
The Institute must provide logistical, administrative and financial support for the proper functioning of the scientific authority.
prescribed; or delegated to it by the Minister in terms of section 47D of the National Environmental Management Act; and deal with any other matter necessary for or reasonably incidental to its functions.
base its findings, recommendations and advice on a scientific and professional review of available information; and consult, when necessary, organs of state, the private sector, non-governmental organisations, local communities and other stakeholders before making any findings or recommendations or giving any advice.
The scientific authority must publish by notice in the Government Gazette any annual non-detriment findings on trade in specimens of endangered species in accordance with an international agreement regulating international trade in specimens of endangered species which is binding on the Republic.
Any interim findings of the scientific authority must be published in the Government Gazette for public information within 30 days after the decision has been made.
Before publishing a notice in terms of section 50 (1) or 51 (2), or amending or repealing such a notice in terms of section 52, the Minister must follow a consultative process in accordance with sections 95 and 96.
that may be necessary to minimise the threat to the survival in the wild of a listed threatened or protected species; or to ensure that the commercial utilization of biodiversity is managed in an ecologically sustainable way.
to manage and control alien species and invasive species to prevent or minimize harm to the environment and to biodiversity in particular; and to eradicate alien species and invasive species from ecosystems and habitats where they may harm such ecosystems or habitats.
be read without prejudice to the provisions of the Conservation of Agricultural Resources Act,1983 (Act No. 43 of 1983); and be implemented in co-operation with the Department of Agriculture in accordance with an agreement between the Minister and the Cabinet member responsible for agriculture.
For the purposes of this Chapter, "specimen" has the meaning assigned to it in paragraphs (a) and (b) of the definition of "specimen" in section 1 (1).
No person may without a permit issued in terms of Chapter 7 carry out a restricted activity involving a specimen of an alien species.
A permit in terms of subsection (1) may be issued only after any prescribed assessment of risks and potential impacts on biodiversity referred to in section 74 (e) has been carried out.
Section 60 does not apply to an alien species which immediately before that section took effect was lawfully utilised in the Republic for the production of agricultural products.
any alien species specified in the notice; or any alien species of a category specified in the notice.
Any person may without a permit mentioned in section 60 (1) carry out a restricted activity involving a specimen of an exempted alien species referred to in subsection (1) or (2) of this section.
The Minister may by notice in the Government Gazette publish a list of those alien species in respect of which no permit mentioned in section 60 (1) may be issued.
No person may carry out any restricted activity involving a specimen of an alien species listed in terms of subsection (1).
The Minister must regularly review a list published in terms of subsection (1).
comply with the conditions subject to which the permit has been issued; and take all reasonable steps to prevent or minimize harm to biodiversity.
as may be necessary to remedy any harm to biodiversity caused by the actions of that person; and as may be specified in the directive.
implement the directive; and recover from that person all costs reasonably incurred by the competent authority in implementing the directive.
Should an alien species establish itself in nature as an invasive species because of the actions of a specific person, a competent authority may hold that person liable for any costs incurred in the control and eradication of that species.
The Minister may by notice in the Government Gazette publish a list of invasive species to which this Chapter applies.
No person may without a permit issued in terms of Chapter 7 carry out a restricted activity involving a specimen of a listed invasive species.
The Minister may by notice in the Government Gazette amend or repeal any notice published in terms of section 65 (1).
take steps to control and eradicate listed invasive species and to prevent it from spreading; and take all other reasonable steps to prevent or minimize harm to biodiversity.
the actions of that person; or the occurrence of the listed invasive species on land of which that person is the owner; and as may be specified in the directive.
from that person; or proportionally from that person and any other person who benefited from implementation of the directive.
Any person may request a competent authority, in writing, to issue a directive in terms of section 68 (3).
The competent authority must reply to the request, in writing, within 30 days of receipt of the request.
Should the competent authority fail to respond to the request within the stated period or refuses the request, the person who made the request may apply to a court for an order directing the competent authority to issue the directive.
Control and eradication of a listed invasive species must be carried out by means of such methods as are appropriate for the species concerned and the environment in which it occurs.
Any action taken to control and eradicate a listed invasive species must be executed with caution and in a manner that will cause the least possible harm to biodiversity and damage to the environment.
The methods employed to control and eradicate a listed invasive species must also be directed at the offspring, propagating material and re-growth of such invasive species in order to prevent such species from producing offspring, forming seed, regenerating or re-establishing itself in any manner.
The management authority of a protected area preparing a management plan for the area in accordance with section 59 of the National Environmental Management: Protected Areas Act, 2003, must incorporate into the management plan an invasive species control and eradication strategy.
All organs of state in all spheres of government must prepare an invasive species monitoring, control and eradication plan for land under their control, as part of their environmental plans in accordance with section 11 of the National Environmental Management Act. The invasive species control and eradication plans of municipalities must be part of their integrated development plans.
The Minister may request the Institute to assist municipalities in complying with their duties in terms of subsection (2).
a status report on the efficacy of previous control and eradication measures; and the current measures to control and eradicate such invasive species.
The management authority of a protected area must at regular intervals prepare and submit to the Minister or the MEC for environmental affairs in the province a report on the status of any listed invasive species that occurs in that area.
an assessment of the extent of such infestation; and a report on the efficacy of previous control and eradication measures.
Before publishing a notice in terms of section 61 (2), 62 (1) or 65 (1), or amending or repealing such a notice in terms of section 63 or 67, the Minister must follow a consultative process in accordance with sections 95 and 96.
concerning the assessment of risks and potential impacts on biodiversity of restricted activities involving specimens of alien species or of listed invasive species; and relating to the control and eradication of listed invasive species.
to regulate bioprospecting involving indigenous biological resources; and to ensure the equitable sharing of benefits arising from the commercialisation through bioprospecting of traditional uses or knowledge of indigenous biological resources, with persons or communities practising those traditional uses or knowledge.
genetic material of human origin; and any exotic animals, plants or other organisms, other than exotic animals, plants or other organisms referred to in paragraph (a) (iii).
No person may without a permit issued in terms of Chapter 7 engage in bioprospecting involving indigenous biological resources.
No holder of a permit referred to in section 76 may for the purpose of bioprospecting apply or exploit any traditional uses or knowledge of any specific indigenous biological resource, unless that permit holder has entered into a benefit- sharing agreement with the person or community practicing that traditional use or knowledge.
The person or community practicing that traditional use or knowledge may not unreasonably refuse to enter into such agreement with a permit holder if that traditional use or knowledge about such indigenous biological resources is in the public domain and not protected by legislation on intellectual property.
set out the manner in which and the extent to which the person or community practising that traditional use or knowledge will share in any profits, revenues or other benefits that may arise from the commercialisation through bioprospecting; of such traditional uses or knowledge; and particulars of any such benefits.
must be submitted to the Minister for approval; and does not take effect unless approved by the Minister.
The rights and obligations of a party to a benefit-sharing agreement may not be transferred to another person, except with the written approval of the Minister.
on request by the Minister, must ensure that the benefit-sharing arrangement agreed upon between the applicant and the other party is equitable; and must perform any other functions that may be prescribed.
A Bioprospecting Trust Fund is hereby established into which all moneys accruing in terms of benefit-sharing agreements to persons and communities referred to in section 77 (1) must be paid, and from which all payments to those beneficiaries must be made.
All moneys paid into the bioprospecting trust fund is trust money within the meaning of section 13 (1) (f) (ii) of the Public Finance Management Act.
must manage the Fund in the prescribed manner; and is accountable for the money in the Fund, subject to the Public Finance Management Act.
moneys payable in connection with benefit-sharing agreements; and the administration of the Bioprospecting Trust Fund.
bioprospecting involving indigenous biological resources in terms of section 76.
A person may apply for a permit by lodging an application on the prescribed form to the authority determined as the issuing authority for permits of the kind in question.
issue a permit unconditionally or issue it subject to conditions; or refuse a permit.
any applicable international agreements binding on the Republic; and any requirements that may be prescribed.
If compulsory conditions are prescribed for any kind of permit, an issuing authority may not issue a permit of that kind otherwise than subject to those conditions.
If an application is rejected, the issuing authority must within a reasonable time give reasons for the decision to the applicant in writing.
Before issuing a permit, the issuing authority may in writing require the applicant to furnish it, at the applicant's expense, with an independent risk assessment or expert evidence as the issuing authority may determine.
the conditions subject to which it is issued.
A permit issued in terms of section 83 does not absolve the holder or any other person from complying with the provisions of any other applicable legislation.
the benefits of allowing the activity are significantly greater than the costs associated with preventing or remedying any resultant damage to the environment or biodiversity; and it is satisfied that adequate measures have been taken by the applicant to prevent the escape and spread of the species.
exercise their respective powers jointly; and issue a single integrated permit instead of a separate permit and authorisation.
An authority empowered under that other legislation may issue an integrated permit for the activity in question if that authority is designated in terms of this Act also as an issuing authority for permits in respect of that activity.
the respective provisions in terms of which it has been issued; and the authority or authorities that have issued it.
any foreign law governing the permitted activity.
An applicant who feels aggrieved by the decision of an issuing authority in terms of section 83 (2) (c) or (d), or a permit holder whose permit has been cancelled in terms of section 88, may lodge with the Minister an appeal against the decision.
redirect the appeal to the MEC for environmental affairs in the relevant province to consider and decide the appeal; or designate a panel of persons to consider and decide the appeal.
An appeal does not suspend the decision against which the appeal is lodged unless the Minister, MEC or appeal panel considering the appeal directs otherwise.
a number of persons with appropriate knowledge as members of the panel; and one of the panel members as the presiding member.
The presiding member of the appeal panel decides when and where the panel meets.
consider and decide the appeal in accordance with a prescribed procedure; and keep a record of its proceedings and decisions.
either uphold or refuse the appeal; and when upholding or refusing the appeal, make such other orders as may be appropriate.
a condition subject to which the permit was issued, the Minister, MEC or appeal panel may withdraw or amend the condition; or the cancellation of a permit, the Minister, MEC or appeal panel may restore the permit.
the procedure to be followed and the fees to be paid in connection with the lodging and consideration of appeals; and any other matter that may be necessary to facilitate the implementation of this Chapter.
any other matter that may be prescribed in terms of this Act; and any other matter that may be necessary to facilitate the implementation of this Act.
Any regulation with direct fiscal implications may be made only with the concurrence of the Minister of Finance.
Before publishing any regulations in terms of subsection (1), or any amendment to the regulations, the Minister must follow a consultative process in accordance with sections 95 and 96.
Subsection (3) need not be applied to a minor or a mere technical change to the regulations.
categories of permits or appeals.
an appropriate fine; or both a fine and imprisonment.
Before exercising a power which, in terms of a provision of this Act, must be exercised in accordance with this section and section 96, the Minister must follow a consultative process as may be appropriate in the circumstances.
the MEC for environmental affairs of each province that will be affected by the exercise of the power; and allow public participation in the process in accordance with section 96.
in the Government Gazette; and in at least one newspaper distributed nationally, or if the exercise of the power will affect only a specific area, in at least one newspaper distributed in that area.
invite members of the public to submit to the Minister, within 21 days of publication of the notice in the Government Gazette, written representations on or objections to the proposed exercise of the power; and contain sufficient information to enable members of the public to submit meaningful representations or objections.
The Minister may in appropriate circumstances allow any interested person or community to present oral representations or objections to the Minister or a person designated by the Minister.
The Minister must give due consideration to all representations or objections received or presented before exercising the power.
a notice published in terms of section 51 (2); or a directive issued in terms of section 64 (2) or 68 (3).
performs the activity for which the permit was issued otherwise than in accordance with any conditions subject to which the permit was issued; or permits or allows any other person to do, or to omit to do, anything which is an offence in terms of paragraph (a) or (b).
passes, uses, alters or has in possession any altered or false document purporting to be a permit; or knowingly makes any false statement or report for the purpose of obtaining a permit.
on a first conviction, to a fine not exceeding R250 000 or imprisonment for a period not exceeding two years, or to both a fine and imprisonment; and on a second or subsequent conviction, to a fine not exceeding R500 000 or imprisonment for a period not exceeding five years, or to both a fine and imprisonment, or to imprisonment without the option of a fine; or in case of any other offence, to a fine not exceeding R10 000 or imprisonment for a period not exceeding one year, or to both a fine and imprisonment.
The Forest Act, 1984 (Act No.
Anything done in terms of the Forest Act, 1984 (Act No. 122 of 1984), which can or must be done in terms of this Act must be regarded as having been done in terms of this Act.
the chief executive officer of the National Botanical Institute becomes the acting chief executive officer of the National Biodiversity Institute and remains the acting chief executive officer until the Board appoints a person as the chief executive officer of the Institute in terms of section 28; and all staff members of the National Botanical Institute, including its chief executive officer, must be regarded as having been appointed in terms of section 29 as staff members of the National Biodiversity Institute subject to the same service conditions which applied to them immediately before the repeal of the Forest Act, 1984.
Subsection (2) (c) does not affect pension, leave and other benefits which accrued to staff members referred to in that subsection before the repeal of the Forest Act, 1984, and such benefits must be respected as if there were no break in their service.
all assets and liabilities and all rights and obligations of the National Botanical Institute are vested in the National Biodiversity Institute; and any balance in the National Botanical Institute Fund referred to in section 64 of that Act must be paid to the National Biodiversity Institute.
Any party involved at the commencement of Chapter 6 in a bioprospecting project to which section 77 applies, may despite that section continue with the project pending the negotiation and entry into force of an appropriate benefit-sharing agreement in terms of that Chapter.
Subsection (1) lapses one year after Chapter 6 took effect.
This Act is called the National Environmental Management: Biodiversity Act, 2003, and takes effect on a date determined by the President by proclamation.
Different dates may in terms of subsection (1) be determined for different provisions of the Act.
<fn>GOV-ZA.24En.2012-02-10.en.txt</fn>
Provide Guidance and Support to Workplaces on Development of Qualifications and their newly developed, registered learning programmes.
Track Learners in Terms of Attendance, Retention, Absconding, termination and placement etc.
<fn>GOV-ZA.24arEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.24august20061En.2012-02-10.en.txt</fn>
The key indicator of economic growth is gross domestic product (GDP), which is an estimate derived from a wide range of data sets measuring different elements of economic activity.
On Tuesday, Statistics SA published the latest estimates of value added and GDP, covering the second quarter of 2006. The time series for GDP shows that the local economy has expanded for 31 consecutive quarters, with the last decline in growth recorded in the third quarter of 1998 when growth was minus 0.9 percent.
In the second quarter of 2006, the seasonally adjusted real GDP at market prices, compared with the first quarter of 2006, increased by an annualised rate of 4.9 percent.
The corresponding increases for the respective quarters of 2005 were 4.6 percent, 5.3 percent, 4.1 percent and 3.2 percent, yielding an annual growth rate of 4.9 percent in real GDP at market prices.
The main contributors to the increase in economic activity for the second quarter of 2006 were the following industries: finance, property and business services (1.7 percentage points), manufacturing (1 percentage point), wholesale and retail trade, hotels and restaurants (0.9 percentage point); transport and communication (0.6 percentage point) and construction (0.4 percentage point).
The performance of these industries was not surprising in the light of data already published in Stats SA's monthly economic series.
The monthly series on manufacturing production and sales, for example, had already indicated strong performance in the sector, as had the economic series related to monthly trade (including wholesale, retail and motor trade).
If the volatile agricultural industry is stripped out of the latest GDP estimates, the economy grew by 5.8 percent in the second quarter of 2006. If both agriculture and mining (the primary industries) are excluded, GDP growth is estimated at 6 percent. Although overall growth in primary industries declined by 8.6 percent, this was more than offset by growth of 6.9 percent in secondary industries, and 5.6 percent in tertiary industries.
As commonly occurs when more data become available, revisions in previous GDP estimates were announced at the same time as second-quarter estimates were published.
Estimates for the first quarter of 2006 for the mining and agricultural industries were revised downwards, resulting in lower estimates of GDP for that quarter (the seasonally adjusted annualised growth was revised from 4.2 percent to 4 percent).
Structurally the economy is still dominated by the finance, real estate and business services industry (19.8 percent contribution), followed by the manufacturing industry (16.3 percent) and the trade sector with 14 percent.
As far as primary industry is concerned, agriculture, forestry and fishing contributed 2.4 percent, and mining and quarrying 6 percent.
The accuracy of GDP estimates is heavily dependent on the quality of the data integrated to construct this indicator. Measuring the quality of statistics involves a range of dimensions, including relevance, accuracy, timeliness, accessibility, interpretability, coherence, methodology and integrity, each of which has its own challenges in terms of quantifiable indicators.
Stats SA has recently initiated an ambitious programme whereby data sets, which feed into GDP estimations, are subject to ongoing assessment in terms of these quality dimensions. This will facilitate a continuous improvement in the accuracy of GDP estimations.
<fn>GOV-ZA.24counterDefaultEn.2012-02-10.en.txt</fn>
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<fn>GOV-ZA.24july2011En.2012-02-10.en.txt</fn>
Stats SA provides scientific knowledge that enables society to understand complex socioeconomic phenomena. It draws its mandate from the Statistics Act, 1999 (Act No 6 of 1999). Stats SA strives to excel in the following five competencies: â Intellectual capability to lead the scientific work of statistics â Technological competence for purposes of large-scale processing and for complex computations and accessibility of information to the public â Logistical competence for deployment of (forward and reverse) logistics of large-scale field operations and for strategic choices regarding operational efficiency and cost-effectiveness â Political competence in understanding the political environment without being political or Politicized (commitment of delivery without fear of favor) â Administrative competence: The ability of bringing it all together.
Key performance areas: â Participate in gathering and analysis of user requirements â Research new techniques, technology, solutions and software â Participate in design of relational databases and high quality applications â Develop, maintain and run complex update and extract procedures on databases from external sources â Develop components which can be used by all other developers â Develop test plans and user manuals for test applications â Train and provide support to users â Review and conduct quality control of applications â Co-ordinate testing and implementation of applications â Maintain and enhance existing applications â Maintain and enhance existing applications â Train, mentor and assist junior and other developers in application and database design and development â Develop processes and standards.
Prerequisites: A three-year tertiary qualification in Information Technology or related field â Training in Visual Basic and/or VB. Net, programming a SQL Server database â At least three years' programming experience in client/server application development â Experience in systems analysis and database design and modelling, project management, and risk management â Experience in Systems Development Life Cycle methodology â Experience in development of processes and standards â Knowledge in advanced database querying and Transact SQL is essential.
Person profile: This position will suit a person who has very good communication, presentation, analytical, problem-solving, customer interaction and decision-making skills â A dynamic, energetic, self-driven, innovative and results-driven team player â Ability to train people â Ability to work under pressure and meet deadlines.
(Salary Level 11: R406 839.
Key performance areas: Plan, co-ordinate and implement all cabling and other connectivity (wired/wireless) within the head office, provincial and regional environments Check delivery of new servers, install and test new servers, check configuration and performance Implement user accounts and user access Co-ordinate and implement local and wide area networks and hardware infrastructure Design network layout and monitor /manage installations by external parties Test WAN communication lines Test LAN cabling Develop and implement methods, policies and practices to design and develop telecommunications infrastructures and use of hardware and software to transfer information between computers with reference to data, voice, video, images, etc.
Render support to users of Transversal systems Maintain, support and develop existing fax application software and hardware Provide advanced diagnostic support to other network administrators and IT Support Technicians Perform backups and offsite storage Test recovery procedures Facilitate budget and projects.
Prerequisites: A three-year tertiary ICT related qualification Certification in MCSE and CNE At least six years' experience in a server and networking environment At least six years' experience in backup and recovery (NetBackup), advanced trouble-shooting, server network configurations, systems administration, database, file and data structures Knowledge of Novell products, Windows Server environment (2003, 2008) and Linux is essential Knowledge of risk assessment procedures, policy formation, role based authorisation methodologies and authentication technologies.
Person profile: This position will suit a person with good communication, interpersonal, analytical, time management, leadership and co-ordination skills Ability to adapt and meet deadlines Ability to thrive under pressure Good customer services.
Develop, maintain and run extract procedures on databases to provide to users Participate in design of high-quality applications Develop high-quality applications, test plans for applications and user manuals Train users on applications and provide users with support Coordinate testing and implementation of applications Maintain and enhance existing applications Train, mentor and assist other developers in application and database design and development Adhere to policies, participate in development as we as apply and adhere to processes and standards Provide technical consulting support on projects Manage projects..
Prerequisites: A three-year tertiary qualification in Information Technology or related field Knowledge of Visual Basic 6.0, Net, ASP, ASP. Net, Java scripting, HTML, C#, CSS, Crystal reports, Transact SQL, SAS, SSA Name 3, ESRI suite, etc is essential At least three years' programming experience in client/server and/or web application development At least two years' experience in analysis and design Experience in Systems Development Life Cycle methodology, development of processes and standards Experience in Stats SA core business and surveys will be an added advantage.
Person profile: These positions will suit a person who has strong numerical, analytical, conceptual, problem-solving, communication, time management, presentation, decision-making and report writing skills Ability to work under pressure.
Key performance areas: Analyse information on the business register regarding the specific business being investigated Identify problems and deficiencies in practice Co-ordinate collection of survey information Verify analysed information Code production units according to activity and municipality institutions and according to economic transactions Communicate findings to relevant stakeholders, Survey Managers and Survey Statisticians Assist the manager with any other activities related to the division Update and maintain the business register Manage Human, financial and IT resources of the section Complex analysis of highly specialised businesses.
Prerequisites: A three-year tertiary qualification in Accounting/Business Economics/Economics/Statistics â At least five years' experience in the statistical production process and team supervision Knowledge of research and report-writing Knowledge of MS Office Suite.
Person profile: This position will suit a person with good interpersonal, organising, communication, report-writing and analytical skills The ability to work under pressure The ability to handle multiple and complex tasks Willingness to travel and work long hours.
Key performance areas: âï  Compile and analyse statistical outputs (e.g.
Provide technical advice to the head of the provincial office, provincial government departments and other users âï  Compile province-specific reports and publications in cooperation with Head Office.
Prerequisites: âï  A three-year tertiary qualification in Statistics, coupled with at least six years' relevant experience âï  Knowledge of MS Office Suite â Training on statistical software packages e.g. SAS, SPSS and Super Cross.
Ability to work independently as well as in a team â Ability to work under pressure within targeted deadlines âï  Ability to handle multiple and complex tasks.
Key Performance Areas: Supervise the collection, checking and processing of completed questionnaires and administrative data within the specified timeframe Provide correct data by means of effective control, investigations and proper implementation of prescribed methodology Maintain good relations with respondents by means of effective communication Supervise, control and evaluate work teams and communicate continuously with team members Ensure the maintenance and retention of well trained personnel Participate in initiatives to transform Stats SA with particular regard to representivity, rationalisation and productivity.
Prerequisites: A three-year tertiary qualification with Statistics/Accounting/Economics At least two years' experience in the processing of surveys Working knowledge of the Stats Act, SMS, BF and the SIC Knowledge in MS Office Suite A valid driver's license will be advantageous.
Person Profile: This position will suit people that have good communication, numerical, analytical, motivational, decision-making, problem solving and conceptualising skills Ability to work effectively, independently and efficiently under pressure in order to meet deadlines.
Required documents: â Z83 application form â Detailed CV with contact details of three recent references â Certified copies of qualifications and Identity Document. NB: Applicants risk being disqualified for failing to submit all the required documents. Important note: â If you do not hear from us within three months of the closing date, please regard your application as unsuccessful â Correspondence will be entered into with short-listed candidates only â Statistics South Africa reserves the right not to make an appointment â Appointment is subject to security clearance, the signing of a performance agreement or plan, verification of the applicant's documents and reference checking â Applications received after the closing date will not be considered â Please clearly indicate the reference number of the position you apply for in your application. If you apply for more than one position, submit separate applications.
Enquiries: Kindly contact Collen Mokonyane at (012) 310-4604.
Mpumalanga: Post to the Human Resources Officer, Private Bag X11290, Nelspruit 1200 or hand-deliver on the 2nd Floor, State House, 17 Henshall Street, Nelspruit.
Enquiries: Kindly contact Lucas Sambo at (013) 754-0600.
<fn>GOV-ZA.24jun20041En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.24june2010netherlandsvscameroonEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.24mar20051En.2012-02-10.en.txt</fn>
Statistics lie at the heart of the government's programme of action, and the way in which its progress is being measured.
However, it is not only national statistics that form the basis of monitoring and measuring. Data attached to lower levels in the geographical hierarchy are becoming increasingly central to South Africa's evolving system of statistics.
This is reflected in point 10.
The nation's 284 municipalities form one of the central geographical hierarchies for economic and social mapping. This entails attaching data to each of these municipal areas and monitoring changes in that data over time.
The development of an integrated business register, through which the geocoding of economic enterprises can be undertaken (that is, linking economic activity to specific geographical locations), is one of the ways in which economic information can be attached to specific areas.
The recently launched non-financial census of South Africa's municipalities provides another way of attaching data to municipal and provincial geographies.
This census measures the level of development and performance of municipalities, and provides information for planning and monitoring.
It allows national and provincial governments to analyse the actual services provided by municipalities in terms of water, electricity, solid waste management, and sewerage and sanitation.
Since this was a census, not a sample survey, information was gathered from all 284 municipalities.
The results indicate that the number of households receiving basic services from municipalities increased substantially between June 30 2002 and June 30 2003.
Household refers here to a municipal billing unit or technical delivery point, not the more social definition of household used in some of Stats SA's other publications.
The municipal service that showed the biggest percentage increase in delivery was water, where the number of households connected rose by 23.6 percent, or 1 499 381, during the 12 months to June 30 2003.
This was followed by sewerage and sanitation (1 166 523 households, or 22.3 percent), solid waste management (1 106 445 households, or 19.9 percent) and electricity (244 028 households, or 6.3 percent).
In terms of employment, there were an estimated 241 494 municipal positions at the end of June 2003, an increase of 13.8 percent from June 30 2002. Of these, 82.6 percent were occupied by full-time employees, while 15.8 percent of posts were vacant. The remainder involved part-time employment.
Municipalities were delivering water to an estimated 7.8 million households at the end of June 2003.
Of these, 5.9 million households had access to free basic water, 41.7 percent more than 12 months earlier.
At the end of June 2003, municipalities were delivering electricity to about 4.1 million households, which excludes the households serviced directly by Eskom. Of these, 57.3 percent had access to free basic electricity.
The 2.4 million households receiving free basic electricity from municipalities in 2003 represented an increase of 48.7 percent from a year earlier.
About 6.4 million households were receiving sewerage and sanitation services from municipalities as at 30 June 2003. Of these households, 44.3 percent had access to free basic sewerage and sanitation services, an increase of 73.6 percent on the previous year.
Municipalities were delivering solid waste removal services to 6.7 million households in 2003. Of these, 1.9 million households had access to free basic solid waste services, a rise of 84.8 percent from a year earlier.
The 216-page report on the June 30 2003 non-financial census of municipalities attaches data gathered to both provinces and municipalities, and - together with the previous year's municipal census - provides a solid benchmark from which to measure and monitor progress and change at municipal level.
Pali Lehohla is South Africa's statistician-general and head of Statistics South Africa. For more information on Stats SA and its statistical outputs, including the non-financial census of municipalities, visit www.statssa.gov.za, or contact user services on (012) 310-8600. For details of the government's 2005 programme of action, visit www.gov.
<fn>GOV-ZA.24may20071En.2012-02-10.en.txt</fn>
When Statistics SA presented its three-year work plan to parliament's finance portfolio committee last week, I announced that the reweighted consumer price index (CPI) would first be published in February 2009 (for the January 2009 CPI).
The CPI, together with gross domestic product estimates, is probably Stats SA's highest profile regular statistical series, invariably catching the attention of the media, economists, business people, investors, analysts, policy makers, legislators and the general public.
A number of elements have to be present to measure the monthly and annual rate of change in the CPI. At minimum, a basket of goods has to be identified and categorised so that the price changes for each of the goods specified can be collected and measured.
In addition, a weight has to be attributed to each of the categories of goods, so that its impact on price changes can be measured relative to price changes in other categories.
The CPI weights represent the distribution of expenditure on goods and services of an average South African household. Periodic reweighting ensures that the CPI reflects changing trends in consumer buying patterns.
Weights, therefore, represent the relevant importance of each indicator product.
The weight of a product is calculated by dividing the total expenditure by households on that product by the total expenditure on all goods and services by households.
The income and expenditure survey (IES), which was conducted between September 2005 and August last year, provides the data for calculating these weights.
Stats SA will use latest IES data to identify appropriate weights for the different CPI categories such as food, transport and housing, as well as to determine which products should form part of the CPI basket. Sales data from major retailers are applied in selecting appropriate products.
The new basket of goods should be finalised by September. Because the CPI publishes year-on-year price changes, it is necessary to collect prices on all additions to the current basket for 12 months before the new basket can be published as the official CPI.
Next year, Stats SA will continue to collect prices and publish the CPI on the basis of the current basket and weights. It will also collect, but not publish, prices of products that appear only in the new basket. This exercise will culminate in the publication of the January 2009 CPI, the first to be published on the basis of the new basket and new weights.
As part of the planned revision of the CPI, changes in the classification of groups of products are also being undertaken. The current classification system of the CPI is the International Trade Classification (ITC).
However, the ITC is no longer used or maintained as the international standard for CPI classifications, having been largely replaced by the Classification of Individual Consumption According to Purpose (Coicop), which has consolidated classification into 12 main product groups: food and non-alcoholic beverages; alcoholic beverages and tobacco; clothing and footwear; housing, water, electricity, gas and other fuels; furnishings, household equipment and routine maintenance of the house; health; transport; communication; recreation and culture; education; restaurant and hotels; and miscellaneous goods and services.
A careful mapping of the current classification of products to a new classification has been completed, and current CPI publications report according to Coicop and ITC.
Reweighting and revising the basket of products used to measure price changes and modernising the system for product classification are just some of the ongoing improvements in the quality of the CPI.
Others include refreshing the sample of retail outlets used to collect prices; revising the geographical reporting basis of the CPI; and improving methodologies and data sources for collecting and calculating various subindices of the overall CPI.
Understanding the way the CPI is calculated, including the issues of reweighting, revising the basket and rebasing of the reference year, is not all that simple.
These are, however, routine and necessary revisions.
The UN, the International Monetary Fund and the International Labour Organisation, for example, recommend that the CPI is reweighted on the basis of consumer expenditure every five years.
Put simply, this results in more accurate statistics of better quality.
<fn>GOV-ZA.24november20051En.2012-02-10.en.txt</fn>
Gross domestic product (GDP) estimates compiled from both the production and income approaches rely on a variety of economic and social data sources. These data sets cover economic activities in the various industries (agriculture, mining, manufacturing, trade and so on) of the economy.
Over the past few years, Statistics SA has engaged in a continuous improvement strategy for its economics statistics. This has involved an improvement in the quality of basic economics statistics as well as the GDP estimates derived from these statistics.
The benchmarked and rebased GDP estimates that were published at the end of November 2004 were an output of this strategy. Economic activity is measured through surveys that differ in frequency.
Short-term surveys entail monthly and quarterly data collection, while long-term measurement is undertaken bi-annually, annually or sometimes even less frequently.
The annual economic activity survey (EAS) is one of the most important long-term tools used for the estimation of annual GDP. In addition to the EAS, the improvement strategy also makes provision for in-depth coverage of the total economy over a three-year period through an instrument referred to as a large sample survey (LSS).
More detailed than the EAS, the LSS is the data set from which the cost structures of the various economic industries are sourced.
While data sets such as the LSS and EAS form the basis of the components of the annual GDP estimates, short-term samples such as the quarterly employment survey (QES) are used as an indicator for a specific variable, for example, compensation of employees.
Through the QES, the quarterly trends are established until the next annual estimate of the same variable is available through an annual data set (EAS and/or LSS). National accounts estimates rely on a combination of short- and long-term surveys.
Not only are different data sets used for the compilation of GDP estimates, but these data sets are also assembled through different collection methods. Most economic data sets are collated through postal surveys, where a questionnaire is mailed to the respondent, who completes it and then returns the document via a business reply envelope.
In a second collection method, direct price collections, an enumerator visits a retail outlet and collects the prices of the required products. Other data is sourced from administrative records, including year books, annual reports or government records such as, for example, the number of building plans passed and completed.
Data that feed into GDP estimates are also collected through household surveys such as the income and expenditure survey, and the labour force survey. These are conducted by field staff employed and trained by Stats SA.
GDP estimates are compiled through an input-output framework, as this allows for the comparison and confrontation of all data sets in a comprehensive and systematic manner. It also combines the three different approaches (production, income and expenditure) for GDP compilation. This is why the use and analysis of a single data set cannot provide a solid basis for criticism of the complex and multisourced estimation of GDP.
Comparison and confrontation of new data, as well as routine revisions to economic data sets (both short- and long-term) will culminate in the publication of the latest GDP estimates on November 29. This will include revised annual and regional estimates for 2002 to 2004 as well as quarterly estimates up to the third quarter of 2005.
<fn>GOV-ZA.24november20061En.2012-02-10.en.txt</fn>
The three monthly trade statistical releases for the October reference month will be published on the 13 and 14th of December 2006. This is a commitment that Statistics South Africa made in its endeavour to become the preferred supplier of quality statistics.
We are proud to announce that the reference period for the three monthly trade statistical releases will be reduced from the current ten weeks to seven weeks after the reference month.
We will continuously be looking at other ways to improve our processes and products in order meet the needs of our users.
<fn>GOV-ZA.25012010En.2012-02-10.en.txt</fn>
City Forum Building, 114 Vermeulen Street www.icd.gov.
A 23-year-old woman, Constance Phepeng who was detained for murder at Bethulie SAPS in the Free State died in the police cells on 24 January 2010. It is alleged that the police found the deceased hanging in the cells while doing their periodic cell visits on the 24th of January 2010. A napkin was allegedly used to commit the act.
The Independent Complaints Directorate (ICD) was immediately notified of the situation and an ICD investigator was dispatched to the crime scene. Upon his arrival he discovered that the deceased had already been certified dead. The ICD immediately opened an inquest docket to establish circumstances around her death.
At this stage no foul play is suspected. A post-mortem was attended and the pathologist's findings are consistent with that of hanging as established by the ICD.
The deased had been in detention since 22/01/2010.
<fn>GOV-ZA.2501En.2012-02-10.en.txt</fn>
The South African Department of Transport says it will use lessons learnt during the recent 2009 Fifa Confederations Cup to prepare for the 2010 Fifa World.
<fn>GOV-ZA.25022009En.2012-02-10.en.txt</fn>
JCPS Cluster consists of the departments of Safety and Security, Justice and Constitutional Development, Correctional Services and Home Affairs.
Subsequent to the meeting the DGs will visit areas that are relevant to the work of the cluster and will later brief the media on their meeting.
Issued by Government Communications and Information Systems (GCIS) and Mpumalanga Safety and Security on behalf of the JCPS Cluster.
<fn>GOV-ZA.25032010En.2012-02-10.en.txt</fn>
Mpumalanga Safety, Security and Liaison MEC, Sibongile Manana welcomes the detention of a suspect linked to the existence of the alleged hit list.
"We commend our police for the progress made so far in detaining the suspect although there is still a lot of work to be done to ultimately bring all people involved in the hit list matter to book. It shows that the approach of investigating cases in order to arrest, rather than arresting suspects in order to investigate is working," says Manana.
The MEC would like to indicate that investigations into the other murder cases involving Sammy Mpatlanyane and Jimmy Mohlala are well underway.
Police will continue to follow all leads into these cases, and arrests will be made where it is deemed necessary, based on the investigations.
The detention comes six weeks after the office of the MEC received a fax from a local internet shop in Nelspruit. The fax had a list of ten individuals who were allegedly targeted for assassination by a group of unknown people.
The names included those of the late Sammy Mpatlanyane and Jimmy Mohlala. A copy of the fax was at the same time sent to the police for investigation into the existence of such a list.
<fn>GOV-ZA.25052aEn.2012-02-10.en.txt</fn>
also provides for the designation of Environmental Management Inspectors as well as their powers and functions in ensuring and monitoring compliancewith specified environmental legislation.
More details are set out in the attached explanatory memorandum.
The Bill will be tabled in Parliament for consideration during the month of June 2003.
Wriien comments and inputs are invited from interested and affected parties as well as the general public.
THE NATIONAL ENVIRONMENTAL MANAGEMENT AMENDMENTBILL, 2003 1.
1.1 TheNationalEnvironmentalManagementAct, 107of 1998 (NEMA) provides thelegalframework for implementing the state's constitutional obligations with regard to environmental management.
suite of draft sectoral environmental legislation is proposed to give effect to the policy obligations in respect of biodiversity and protected areas management, air quality and waste management as well as coastal management.
2.1 Definitions regulations or other subordinate legislation made in terms of these two Acts. The implication of this definition is that relevant provisionsof NEMA will apply to these Acts as well as to NEMA. When further environmental management legislation is passed, this definition may be extendedto include these additional Acts thereby making the enforcement provisionsof NEMA applicable to them as well.
"Environmental hazards, access to information and protection of whistleblowers."
"Enforcement of thisActandtheSpecificEnvironmentalManagementActs."Part 3 is an amalgamation of existing and new provisions dealing with judicial matters relating to compliance, enforcement and protection and is headed, "Judicial Matters."
Part 1 retains existing provisionsof the NEMA and includes provisions setting out the general duty of care, the protection of workers refusing to do environmentally hazardous work, the control of emergencyincidents, access to environmental informationandtheprotection of whistleblowers. None of these provisions are being amended.
Members of the South AfricanPoliceService (SAPS)will have all of the powers assignedto environmental management inspectors in terms of this Part of the Act, other than the power to conduct routine inspections and issue and enforce compliance notices.
Amendments to Chapter9: Administration of the Act environmental management Acts.
9 of the NEMA is the expansion of the existing delegation clause to explicitly provide for provincial delegation.
The current delegations clause in section 42 of NEMA only provides for delegation by the Minister and the Director-General. An amendment to section 42 now expands the scope of the provision periods, the validity of legal documents and steps, and the delivery of documents. The limitation of liability provision is also extended to include the exercise of any power or the performance of any duty under the provisions of any specific environmental management Act.
Lastly, the long titleof the principal Actis amended to include the provision for certain aspects of the administration and enforcementof other environmental management legislation.
In addition, the situation whereonly the Minister and the Director-Generalhasthepowerto delegate under the current section42 of the NEMA has been expandedto give the provincialMEC for Environmental Affairs the power to delegate.
All relevant national and provincial departments were consulted and a draft Bill was pubiished for public comment in Government GazetteNo.24311 on the24* January 2003.
In heopinion of tine Department of Environmental Affairs and Tourism andthe State Law Advisers this Bill should be dealt with inaccordance with the procedure established by section 76 of the Constitution, as it falls within a functional area listed inSchedule 4 of theConstitution, namely "Environment"?
(As introduced in the NationalAssembly as a section76 Bill; explanatory summary of Bill publishedinGovernment Gazette No.
Amendment of section1 of Act 107 of 1998 1.
Act, 2003, and includes anv reaulations or other subordinate leaislation made intermsofanv of these Acts;"; and.
Deletion of heading after section30of Act 107 of I998 3.
Insertion of Part in Chapter 7 of Act 107 of 1998 4.
31A. a This Part aoplies to the enforcement of this Act and the sDecific environmental manaaement Acts.
to it in that Act.
@ For theourooses of this Part, Schedule 1 to the Criminal Procedure Act, 1977 ActNo. 51 of 19771, is deemed to include an offence committed in terms of this Act or a soecific environmental manaaement Act.
Prescribed standards inspectors.
Proof of designation duties in terms of thisAct or a specific environmental manaaement Act, an environmental manaaement inspector must, on demand to the insoectorin terms of section31D(3) and proof of identitv.
a breach of a term or condition of a Derrnit, authorisation or other instrument issued in terms of such law.
information removed in terms of subsection(2Vc);or terms of subsection (2Me);and environmental manaaement inwector, within his or her mandate in terms of section 31D, has all the powers assianed in terms of Chapters 2.5,7 and 8 of the Criminal Procedure Act,1977 to a police officialwho is not a commissioned officer.
311. (1) Theprovisionsofsections 30 to 34 of the Criminal Procedure Act, 1977 apDlv to the disposal of anvthina seized in terms of this Part, subiect to such modifications as the context mav require.
& In order to safeauard a vehicle, vessel or aircraft that has been seized, the environmental manaaement inspector may immobilise it bv removina a part.
& An item seized in terms of this section, includina a part of a vehicle, vessel or aircraft referred to in subsection (3). must be kept in such a wav that it is secured aaainst damaae.
W. a breach of such law or a term or condition of a permit, authorisation or other instrument issued in terms of such law; -or in the Drosecution of anv person for an offence in terms of this Act or a specific environmental manaaement Act.
his or her mandate in terms of section 31D, all the powersof a member of the South African Police Service in terms of section 13(8)of theSouth African Police Service Act,1995.
Routine inspections a warrant. enter and insoect any buildina, land or premises for the purposes of ascertainina compliance with -@ the leuislation for which that inspector has been desianated in terms of section 31D: or @ a term or condition of a permit, authorisation or other instrument issued in terms of such leaislation.
An environmentalmanaaementinsr>ector.withinhis or her mandate in terms of section31D, mav. with a warrant obtained in terms of subsection 31, but subject to subsection41, enter and inspect anv residential premises for the purposes terms of section31D; or a term or condition of a Dermit, authorisation or other instrument issued in terms of such leaislation.
While out a routine an environmental inspector exercise On such businessorresidentialDremisesorlandanv of the powers mentioned in section 31H.
comDlied @ with a Drovision of the law for which that insoector has been desianated in termsof section 31D;or @ with a term or condition of a Dermit. authorisation or other instrument issued in terms of such law.
@ must specifv the period within which the personwho. received the notice must complv with anvpart of the notice that is confirmed or modified.
31N. (1) A person who fails to comelv with a compliance notice commits an offence.
of doina so from the person who failed to comelv: and @ reportthe matter to the Director of Public Prosecutions.
comDliance notices in terms of sections 31L to 31 0.
to a member of the South African Police Service, assian to that member all the Dowers conterndated in sections 31K to 31 0.
Apersonconvictedofanoffence in termsof this section is liable to a fine or imprisonment for a period not exceedina one year or to both a fine and such imprisonment.
Amendment of section 32 of Act 107 of 1998 6.
"(2) A court may decide not to award costs against a personwho, or group of persons which, fails to secure the relief sought in respect of any breach or threatened breachof any provision [including a principle] of this Act, includinq a princiole contained in Chapter 1, or of anv Drovision ofa specific environmental rnanaaement Act, orgfany other statutory provision concerned with the protection of the environment or the use of natural resources, if the court is of the opinion that the person or group of persons acted reasonably out ofa concern for the public interest or in the interest of protecting the environment and had made due effortsto use other means reasonably available for obtaining the relief sought."
II -hinders or interferes with an environmental manaaement insoector in the execution of that inspector's official duties; pretends to be an environmental manaclement inspector, or the intermeter or assistantof such an insaector; furnishes false or misleadina information when comDlvina with exceedina one vear or to both a fine and such imprisonment.
@ issueanorderthat all competent authorities authorised to issue permits or other authorisationsbe notified of any disqualification in terms of Daraaraph (b).
Forfeiture of items any sDecimen, container, vehicle, vessel, aircraft. or document that was usedthefor purpose of or in connection with the commissionof the offence and was seized under the provisionsof this Part, to be forfeited to the State.
The Drovisions of section 35 of the Criminal Procedure Act,1977 Act No.51 of 19771, applv to the forfeitureof any item in terms of subsection 1I, subiect to such modifications as the context mav rewire.
The Minister must ensure that anvspecimen forfeited to the State in termsof subsection (1) is -@ reDatriated to the countrv of export or oriainas appropriate, at the from such deposit; or @J otherwise diswsed of in an amropriate manner.
Pendina institution criminal in terms of this Act or a specific environmental manaaement Act or the resolution of such proceedinas, a livesDecimen that has been seized in terms of this Part must be deposited with a suitable institution, rescue centre or facilitv which is able and willina to house and DroDerlv care for it.
& costs and exDenses incurred or reasonablv foreseen to be incurred bv the State in connection with Drosecutinq the offence and recoverable in terms of this Act.
Admission of guilt fines of quilt fine reason to believethat a person has committed an offence specified in terms of subsection (1) mav issue to the alleaed offender a written notice of 1977).
(b)l@ theholderofanoffice in the Department;or f(C)l@ afterconsultation with aprovincialheadofdepartment, an officer in a provincial administration or municipality.
TheDirector-Generalmaypermitapersontowhom a power[, function] or duty has been delegated by the Director-General to delegate further that power[, function] or duty.
Insertion of sections 47A to 47D in Act 107of 1998 11.
Consultation of intentionto act has been made to that person or oraan of state andno response has been received within a reasonable time.
47C. The Ministeror an MEC mav extend, or condone a failure bv a person to complv with. a time period in terms of this Act or a specific environmental manaaement Act, except a time period which binds the Minister or MEC.
Substitution of section 49of Act 107 of 1998 12.
the exercise of any power or the performance of any duty under this Act or any specific environmental management Act; or the failure to exercise the power, or perform any [function or] duty under this Act or anv specific environmental manaaementAct, unless the exercise of or failure to exercise the power, or performanceor failure to perform the duty was unlawful, negligent or in bad faith.
Substitution of long title of Act 107 of 1998 13.
laws; and to provide for matters therewith.
<fn>GOV-ZA.25052bEn.2012-02-10.en.txt</fn>
the establishment of a representative system of protected areas as part ensure that the sustained biodiversity benefits future generations theparticipationbycommunities in conservation and its associated protected areas governance.
More details are set outinthe attached explanatory memorandum.
The Bill will be tabledin Parliament during the month of June2003 and written comments and inputs are invited from interested and affected parties as well as the general public.
Ms G Mahlangu-Nkabinde Chairperson of the Portfolio Committee on Environmental Affairs and Tourism Parliament of South Africa P.O.
The National Parks Act, 1976 (Act No.
No. 73of 1989, andseekstoensurethatthesystem of conservationandprotectedareas management is linked with the current policies and programmes of government, and brings tangible benefits to all South Africans, in particular local communities.
The Bill forms part of a suite of legislation established to manage the environment. The framework is provided forintheNationalEnvironmentalManagementAct proposed amendments to the act.
Analysis of Bill Chapter 1 defines certain words and expressions used in the Bill and sets out the objectives of the Bill. It establishes the state as guardian of protected areas in South Africa. It further sets the framework for the application of the Bill in relation to the National Environmental Management Act, the National Environmental Management: Biodiversity Bill and other legislation.
Chapter 2 establishes the system of protected areas in South Africa. Four types of protected area are declared in terms of this Chapter, viz. special nature reserves, national parks, nature reserves and protected environments. The following protected areas are recognized and their relationship to the Bill established: Protected areas declared in terms of the World Heritage Convention Act (world heritage sites), the MarineLivingResourcesAct(marineprotectedareas),theNationalForestAct (specially protected forest areas, forest nature reserves and forest wilderness areas) and the Mountain Catchment Areas Act (mountain catchment areas). All protected areas are to be included in a register of protected areas established in terms of the Bill.
The declaration of different types protected areas and the purposes for establishing them are provided for in Chapter 3. Procedures for consultation are set out, and the need for concurrence of relevant Cabinet members are established.
limit land use in an area to be included into a national park or nature reserve. The authority to designate wilderness areas within national parks and nature reserves is included in this Chapter.
Chapter 4, provides for the management of protected areas. The assignment of the management of protected areas to management authorities, subject to the approval of management plans based on management criteria, is set out. Co-management of protected areas'by agreement is provided for. Monitoring of management authorities, based on performance indicators and the termination of mandates, where warranted by the Minister or MEC, is provided for. Restrictions of accessto protected areas and restrictions on activities whichmay adversely affect protected areas are provided for.
The continued existence of South African National Parks is ensured in Chapter 5.
TheChapterprovides criteria for the selection' and appointment of the governing board and defines the functions and operating procedures of the board and South matters are provided for. The Chapter establishes the Minister's supervisory powers over South African National Parks.
maybe acquired or cancelled by expropriation by the Minister in protected areas.
Financial provisions are made for the acquisition of land or rights.
Administrative arrangements for the implementation of the Act, through regulations by the Minister and MEC respectively, are set out in Chapter 7.
Offences and penaltiesare set out in Chapter 8.
The last Chapter provides for the repealof certain laws. The protected areas which exist immediately before the repeal of those laws are to be regarded as protected areasforpurposesof the proposed Act. Management will becontinuedbythe currentorgan of state until themanagement of thearea is assigned in termsof Chapter 4.
The Bill will rationalize protected area legislation in South Africa. As such, it negates the need for each province to promulgate its own legislation on the declaration and protected It therefore provincial governance.
All national departments and provincial governments were consulted. The draft Bill was published in the Gazette in terms of section 154 of the Constitution.
TheStateLawAdvisersand the Department of EnvironmentalAffairsare of the opinion that this Billmust be dealt with in accordance with the procedure prescribed by section 76(1) or (2) of the Constitution since it falls within a functional area listed in Schedule 4 of the Constitution, to with "Environment" and "Nature conservation".
(As introduced in the National Assembly as a section 76-Bill; explanatory summary of BillpublishedinGovernmentGazette No.
To provide for the protection and conservation of ecologically viable landscapes and seascapes; for the establishmentof a national register of all national, provincial and local protected areas; for the management of those areas in accordance with national norms and standards; for intergovernmental co-operation and public consultationin matters concerning protected areas; for the continued existence, governance connection therewith.
CHAPTER 3 17.
"local protected area"means a nature reserve or protected environment managed by a municipality; "management", in relation to a protected area, includes control, protection, conservation, maintenance and rehabilitation of the protected area with due regard to the use and extraction of biological resources, community based practices and benefit sharing activities in the area in a manner consistent with the Biodiversity Act; "management authority",in relation to a protected area, means the organ of state or other institution in which the authority to manage the protected area is vested; "marine protected area"means an area declaredas a marine protected area in terms of section43 of the Marine Living Resources Act, 1998 (Act No.18 of 1998); "MEC" means the member of the Executive Councilof a province in whose portfolio provincial protected areas in the Province fall; "Minister" means the Cabinet member responsible for national environmental management; "municipality"means a municipality establishedin terms of the Local Government: Municipal Structures Act, 1998 (Act No.171 of 1998); "National Environmental Management Act"means the National Environmental Management Act, 1998 (ActNo.
an area which was a park in terms of the National Parks Act (Act N0.
an area which was a lake development area in terms of the Lake Areas Development Act,1975 (Act No.
an area declared, or regarded as having been declared, in terms of section 28 as a protected environment; or an area which before or after the commencement of this Act was or is.
Act, 1999 (Act No.
@) an area whichwas a special nature reserve in terms of the National Conservation Act (Act No.
"species" means a kind of animal, plant or other organism, including any subspecies, cultivar, variety, geographic race, strain, hybrid or geographically separate population;.
"subordinate legislation"means any regulation madeor notice issued under or in terms of this Act; "this Act"includes any subordinate legislation; "wilderness area"means an area designated in terms of section 22 or26 for the purpose of retaining an intrinsically wild appearance and character, or capable of being restored to such and which is undeveloped and roadless, without permanent improvementsor human habitation; "world heritage site"means a world heritage sitein terms of the World Heritage Convention Act, 1999 (ActNo. 49 of 1999).
to provide, within the framework of national legislation, including the National Environmental Management Act, for the declaration and management of protected areas; to provide for co-operative governancein the declaration and management of protected areas: io effect a national systemof protected areas in South Africa as part of a strategy to manage and conserve its biodiversity; to provide for a representative network of protected areas on state land, private land and communal land; and to provide for the continued existence of South African National Parks.
also in the Prince Edward Islands referred to in section 1 of the Prince Edward Islands Act, 1948 (Act No.43 of 1948); and to the exclusive economic zone and continental shelf of the Republic, respectively referred to in sections 7 and 8 of the Maritime Zones Act, 1994 (Act No.
This Act binds allorgans of state.
This Act must, in relation to any protectedarea, beread, interpreted and applied in conjunction with the Biodiversity Act.
provincial legislation, the conflict must be resolved in terms of section 146 of the Constitution; and a municipal by-law, the subordinate legislation issued interms of this Act prevails.
Fortheproperapplication of subsection (2)(6) the Minister must, in terms of section 146(6) of the Constitution, submitall subordinate legislation issued in terms of this Act and which affects provinces, to the National Councilof Provinces for approval.
prevails over this Act in terms of section 146 of the Constitution.
The system of protectedareas in South Africa consists of the following kindsof protected areas: special nature reserves, national parks, nature reserves and protected environments; world heritage sites; marine protected areas; specially protected forest areas, forest nature reserves and forest wilderness areas declared in termsof the National ForestsAct, 1998 (Act No. 84 of 1998); and mountain catchment areas declared in terms of the Mountain Catchment Areas Act, l 970 (Act No.63 of 1970).
For the purposesofsubsection (2)(b) aprotectedarea declared in terms of provincial legislation must be includedin the Register as a nature reserve or protected environment depending on the purpose for which it was declared.
TheCabinetmemberresponsiblefor theadministrationof the National Forests Act,1998 (Act No. 84 of 1998), and the MEC must notify the Minister of all areas declared as protected areasin terms of that Act or provincial legislation, as the case may be.
TheMinistermayprescribe-norms and standards for the achievement of any of the objectives of this Act, including for the management and development of protected areas referred to in sectionQ(a),(b) and (c); indicators to measure compliance with those norms and standards; and the requirement for the management authorities of those protected areas to reporton these indicators to the Minister.
to a specific management authority or category of management authorities only.
different areas; or different management authorities or categoriesof management authorities.
A protected area which immediately before this section took effect was reserved or protectedin terms of provincial legislation for any purpose for which an area could in terms as a nature of this Act be declared reserve or protected environment, mustbe regarded to be a nature reserveor protected environment for the purpose of this Act.
1999 (Act No.49 of 1999).
The other provisions of this Act do not apply to world heritage sites except where expressly or by necessary implication provided otherwise.
(1)Chapter 1, thisChapterandsection48applytomarine protected areas, declared as such in terms of section 43 of the Marine Living Resources Act (Act No. 18 of 1998).
Specially protected forest areas, forest nature reserves and forest wilderness areas or forest wilderness areas, declared as such in terms of section 8 of the National Forests Act, 1998 (Act No. 84 of 1998).
The other provisions of this Act do not apply to specially protected forest areas, forest nature reserves or forest wilderness areas, but if any such area has been declared as or included in a special nature reserve, national parkor nature reserve, such area must be managed as, or as part of, the special nature reserve, national parkor nature reserve in terms of this Act in accordance with an agreement concluded between the Minister and the Cabinet member responsiblefor forestry.
Chapter 1 and this Chapter apply to mountain catchment areas, declared as such in terms of the Mountain Catchment Areas Act,1970 (Act No. 63 of 1970).
to protect highlysensitive, outstandingecosystems, species, geological or physical features in the area; and to make the area primarily available for scientific research or environmental monitoring.
of private land if the owner has consented to the declaration by way of a written agreement with the Minister.
The declaration of an area as a special nature reserve, or as part of an existing special nature reserve, may not be withdrawn and no part of a special nature reserve may be excluded from the reserve except by resolutionof the National Assembly.
assignaname to the national park.
to provide spiritual, scientific, educational, recreational and tourism opportunities which are environmentally compatible; and to contribute to economic development.
A notice under subsection (l)(a) may be issued in respect of private landif the owner has consented to the declaration by way ofa written agreement with the Minister or South African National Parks.
An area which was a national park when this section took effect must for purposes of this section be regarded as having been declared as suchin terms of this section.
byresolutionoftheNationalAssembly; or withdraws from an agreement referredto in section20(3),the Minister must withdraw the declaration in terms of which the land in question was declared a national park or partof an existing national park.
in terms of subsection (2).
to control access which, if allowed, may only be by non-mechanized means.
of the park.
No area which is or forms part of a special nature reserve or national park may be declared as a nature reserve or as part of an existing nature reserve.
inthe case of a declaration by an MEC, by resolution of the legislature of the relevant province; or in terms of subsection (2).
If the Minister or MEC, or the other party to an agreement, withdraws from an agreement referred to in section 23(3),the Minister orMEC must withdraw the noticeinterms of which the landin question was declared a nature reserve or part of an existing nature reserve.
The Minister or the MEC may, by notice in the Gazette, designate a nature reserve as a specific type of nature reserve in accordance with such uniform system of typesas may be prescribed.
Designationof nature reserve as wilderness area designate a nature reserve or part thereof as a wilderness area.
The MEC must promptly forward to the Minister a CSPY of each notice issued under section23,24,25or 26.
0 to control change in land use in the area if the area is earmarked for declaration as, or inclusion in, a national park or nature reserve.
A notice under subsection (l)(a) may be issued in respect of private land if the owner has requested or consented to a declaration contemplated in subsection (l)(a) and the Minister or the MEC has given the owner noticein writing interms of section 33.
No area which is or forms part of a special nature reserve, national park or nature reserve may be declared as a protected environment or as part of an existing protected environment.
Minister or the MEC may by notice inthe Gazette extend that period for not more than one year.
An area ceases to be a protected environment if that area is declared as, or included into, a national park or nature reserve or part thereof.
withdraw the declaration, issued under section28, of an area as a protected environment oras part of an existing protected environment; or exclude any part of a protected environment from the area.
The MEC must promptly forward to the Minister a copy of each notice issued under section28 or 29.
(i)theMEC of the province concerned;and the municipality in which the area concerned is situated; and follow a process of public participation in accordance with section 33.
(i)theMinisterandothernationalorgans of state affected by the proposed notice; and consult all provincial organs of state affected by any proposed notice; and follow a process of public participation in accordance with section 33.
Public participation publish the intention to issue a notice contemplated in section 31or 32, in the Gazette and in at leasttwo newspaper distributed in the areain which the affected areais situated; and if it is proposed to declare any private land as a protected environment, send a copy of the proposed notice by registered post to the last known postal address of each owner of land within the area to be declared, as well as to each holder of rights to such land.
contain sufficient information to enable members of the public to submit meaningful representations or objections, and must include a dear indication of the area that will be affected by the declaration.
The Minister or MEC may in appropriate circumstances allow any interested personto present oral representationsor objections to the Minister or theMEC, or to a person designated by the Minister or MEC, but such representationsor objections must be allowed where the proposed notice will affect the rights or interests of a local community.
TheMinisterorMECmustgivedueconsiderationtoall representations or objections received or presented before publishing the relevant notice.
land which is held in trust by the state or an organ of state for a community or other beneficiary, the Minister may declare that area only with the concurrenceof the trustee.
land owned by the State, the Minister or the MEC may declare that area only with the concurrenceof the Cabinet member or MEC responsible for the administration of that land; land which is held in trust by the state or an organof state for a community or other beneficiary, the Minister or the MEC may declare that area only with the concurrence of the trustee.
General or protected environment, or as part thereof, may be initiated either by the Minister, the MEC or the owners of that land acting individuallyor collectively.
Any request received by the Minister or an MEC from the owners of private land for their land to be declared must be considered by the Minister or MEC.
TheMinisterortheMEC, as the case maybe, must in writing notify the Registrarof Deeds whenever an areais declared as a special nature reserve, national park, nature reserve or protected environment, or as part thereof, or in respect of which a declaration has been withdrawn or altered.
The notification must include a description of the land involved.
On receipt of the notification, the Registrar of Deedsmust record any such declaration, withdrawal or alteration in relevant registers and documents in terms of section 3(1)(w) of the Deeds Registries Act, 1937 (Act No. 47 of 1937).
"local protected area" must be construed accordingly.
(a) TheMinistermustassign, inwriting, the management of a national protected area to an organ of state or any other institution.
another organ of state, subjects to the prescripts set by the Minister.
TheMECmustassign, in writing, the management of a provincial protected area in the province to an organof state.
TheMinisteror the MEC may make an assignment in terms of section 38(1)or (2) only with the concurrenceof the prospective management authority.
38(1)(or (2) must, within12 months of the assignment, submit a management plan for the protected area for approval by the Minister or the MEC.
When preparinga managementplanfor aprotected area, the prospective management authority must consult municipalities, other organs of state and affected parties which have an interest in the area.
any applicable provincial legislation, in the case of a provincial protected area; and any applicable municipal by-laws, in the case of a local protected area.
The management authoritymayamend the management plan by agreement with the Minister or the MEC, as the case may be.
Minister or MEC may approve the management planor any subsidiary planin whole or in part.
the regulation of human activities that affect the environment in the area.
may not lead to fragmentation or duplication of management functions.
The Ministeror the MEC, as the case may be, may cancel a co-management agreement after giving reasonable notice to the parties if the agreementis not effectiveor is inhibiting the attainment of any of the management objectives of the protected area.
The MEC may establish indicatorsformonitoring performance with regard to the management of provincial and local protected areas and the conservation of biodiversity in those areas.
monitor the area against the indicators set in terms of subsection (1) or (2); and annually report its findings to the Minister or MEC or a person designated by the Minister or MEC.
the overall objectivesof the management plan.
notify the management authority inwriting of the failure to fulfill its duties or of the under-performance; and direct the management authority to take corrective steps set out in the notice within a specified time.
assign another organ of state as the management authority of the area.
The Minister implements this section in relation to national protected areas andthe MEC implements this sectionin relationto provincial and local protected areas.
the state of conservation of the reserve or of the biodiversity in the reserve; or any police, customs or excise officer entering the area in the execution of official duties; or a person actinginterms of an exemption granted under subsection(3).
Despiteanyotherlegislation, nopersonmaywithoutthe written permissionof the management authorityof a national park, nature reserve or world heritage site enter or reside or site.
the state of conservation of the park, reserve or site or of the biodiversity in the park, reserve or site; or theimplementationofthe managementplanandthis Act; an official of the management authorityto perform official dutiesinthe park, reserveor site; any police, customs or excise officer entering the park, reserve or site inthe executionof official duties; the holder of a vested right to enter the park, reserve or site, or a person traveling through the park, reserve or site by rail, as long as that person stays onthe train orwithin the precincts ofany railway station.
either confirm the refusal or grant thepermission.
A specialnaturereserve, nationalparkorworldheritage site includes the air space above the reserve, park or site to a level of 1500 feet above ground level.
No person may fly overa special nature reserve, national park or world heritagesite at an altitude of less than1500feet, except as may be necessaryfor the purposeof subsection (2).
in an emergency;or to a person acting on the instructions of the management authority.
The Minister, actingwiththeconcurrence of the Cabinet member responsible for civil aviation, may prescribe other reasonable restrictions on flying over protected areas.
Minister and the Cabinet member responsible for minerals and energy affairs; or in a protected area referred to in section 9(6), (c) or (dl.
internal rules made by the managing authority of the area under section 52.
An activity allowed in terms of subsection (1) (a) or (b) may not negatively affect the survival of any speciesin or significantly disrupt the integrity of the ecological systems of the national park, nature reserve or world heritage site.
the declaration of the area as a national park, nature reserve or world heritage siteor as partof an existing national park, nature reserveor world heritage site.
No development, constructionorfarmingmaybe permitted in a national park, nature reserve or world heritage site without the prior, written approvalof the management authority.
development that may be inappropriate for the area given the purpose for which the area was declared; and the carrying out of other activities that may impede such purpose.
Themanagementauthority of anationalpark, nature reserve or world heritage site may, in accordance with prescribed norms and standards, make rules for the proper administration of the area.
bind all persons in the area, includingvisitors;and may, as a condition for entry, provide for the imposition of fines for breaches of the rules.
the Restitution of Land Rights Act, 1994 (Act No.22of 1994), and on the basis that a protected area should be retained in its original statein order to achieve the effective conservation of the area having regard to economic sustainability and holistic and coherent management by the management authority; and the provision of essential services and the acquisition of servitudes for that purpose.
A person may exercise a right that that person may have to water in a public streamin a protected area, but subjectto such conditions as may be prescribed by the Minister with the concurrence of the Cabinet member responsible for water affairs.
South AfricanNationalParksestablishedbysection 5 of the National Parks Act, 1976 (Act No. 57 of 1976), continues to exist as a juristic person despite the repeal of that Actby section 92 of this Act.
As from the repeal of the National Parks Act, 1976, South African National Parks functionsin terms of this Act.
any other organ of state, perform a function in a park which that organ of state may or must performin terms of legislation; or perform such other functions as may be prescribed.
Subsection (2) appliesalso to other protectedareas managed by South African National Parks, and the powers contained in that subsection may be exercised byit to the extent that those powers are consistent with the purposefor which any such area was declared as a protected area.
any liability it may incur in respect of Board members or staff members in the application of this Act; perform legal acts, including acts in association with or on behalf of any other person or organ of state; and institute or defend any legal action.
Composition consisting of-no fewer than nine and no more than twelve members appointed in terms of section59; the Director-General or an official of the Department designatedby the Director-General; and the Chief Executive Officer.
The Minister- must determine the number of membersto be appointed in terms of subsection (1) (a);and may alter from timeto time the number determinedin terms of paragraph(a), but a reduction inthe number may be effected only when a vacancy in the Board occurs.
through advertisements in the media circulating nationally and in each of the provinces, invite nominations; and compile a list of the names of persons nominated, setting out the prescribed particularsof each individual nominee.
Appointments must be made in such a way that the Board is composedof persons covering a broad range of appropriate expertise.
TheChairperson is appointed for such period as the Minister may determine which may, in the case of a member referred to in section 57(1)(.), not extend beyond his or her term as a member.
on completion of any term contemplated in paragraph (a),eligible for re-appointment for one additional term of three years; and after a break of at least three years after a term has ended, eligible for appointment in terms of paragraph(a) again and, if appointed, eligible for re-appointment in terms of paragraph(b).
Anyappointment in terms ofsubsection (1) maybe extended by the Minister for a specific period not exceeding one year.
The Minister mustdeterminetheconditions of appointment of members of the Board referred to in section ';7(d!(a).
(a) Theconditions of appointment of members who are not in the employ of a national, provincial or local organ of state may provide for the payment of remuneration and allowances determined by the Minister with the concurrence of the Cabinet member responsible for finance.
Memberswho are in the employ of a national, provincial or local organ of state are not entitled to remuneration and allowances, but must be compensated forout of pocket expenses by South African National Parks.
must disclose to the Board any personal or private businessinterest that that member, or any spouse, partner or close family member of that Board member, may havein any matter before the Board, and must withdraw from the proceedingsof the Board when that matter is considered, unless the Board decides that the interest of that Board member in the matter is trivial or irrelevant; may not use the position, privileges or knowledgeof a Board member for private gain orto improperly benefit another person; and may not actin any other way that compromisesthe credibility,, impartiality, independenceor integrity of South African National Parks.
A member of the Board who contravenes or fails to comply with subsection(1) is guilty of misconduct.
A membermay resign by giving at least three month's written notice to the Minister, butthe Minister may accept a shorter period in a specific case.
or conviction of a criminal offence without the option of a fine.
A member of the Board may be removed from office on the ground of misconduct or incompetence only after a finding to that effect has been made bya board of inquiry appointed by the Minister.
A person appointed to fill a vacancy holds office for the unexpired portionof the term of the vacating Chairperson or member.
The Chairperson of theBoarddecideswhenandwhere the Board meets, but a majority of the membersmay request the Chairperson in writing to convene a meeting at a time and place set out in the request.
The Chairperson presides at meetings of the Board, but if absent from a meeting, the memberspresent must elect another memberto preside at the meeting.
Procedures the other provisionsof this Act.
The Board must keep a record of itsproceedingsand of decisions taken.
Ifon any matter before the Board there is an equality of votes, the member presiding at the meeting must exercise a castingin vote addion to that person's voteasa member.
Astaffmember of South African National Parks appointed to a committee serves on the committee subject to the terms'and conditions of that person's employment.
does not divest the Board of the responsibility concerning the exercise of the delegated power or the carrying out of the assigned duty; and does not prevent the exercise of the assigned power or the carrying out of the assigned duty by the Board.
The Board may confirm, vary or revokeanydecision taken in consequence of a delegationinterms of this section, subject to any * rights that may have accrued to a person as a result of the decision.
TheBoard, acting with theconcurrenceoftheMinister, must appoint a person with appropriate qualifications and experience as the Chief Executive Officer of South African National Parks.
(b). may be re-appointed by the Board with the concurrence of the Minister.
TheChief Executive Officer is employed subject to such terms and conditions of employment as the Board may determine in accordance with a policy approved by the Minister with the concurrence of the Cabinet member responsible for finance.
must perform such duties and may exercise such powers as the Board may assign or delegate to the Chief Executive Officer; and must report to the Board on aspectsofmanagement, the performance of duties and the exercise of powers at such frequency and in such manner as the Board may determine.
WhenevertheChiefExecutiveOfficer is for any reason absent or unable to carry out hisor her functions, or whenever thereis a vacancyinthe officeof the Chief Executive Officer, the Chairperson of the Board may appoint another staff member of South African National Parks as acting Chief Executive Officer for a period not exceedingsix months.
has the powers and duties of the Chief Executive Officer; and is employed subject to such terms and conditions of employment as the Chairperson of the Board may determine in accordance with the policy referred toin subsection (3).
AnemployeeofSouthAfricanNationalParks is employed subject to the terms and conditionsof employment determined by the Chief Executive Officer in accordance with the employment policy of and within the financial limits set by the Board.
Parks by agreement between the Chief Executive Officer and such organof state.
PersonssecondedtoSouthAfricanNationalParks perform their functions under the supervision of the Chief Executive Officer.
A person in the service of South African NationalParks may, with the consent of that person, be seconded to another organ of state by agreement between the Chief Executive Officer and such organ of state.
South African National Parks is a public entity for the purposes of the Public Finance Management Act, and must to that end complythewith provisions of that Act.
Funding income derived from the performance of its functions; money appropriated for its purposes by Parliament; grants received from organs of state; voluntary contributions, donations and bequests; money borrowed in terms of section560; income derived from investments; fines received or recovered in respect of offences committed within national parks; and money derived from any other source, with the approvalof the Cabinet member responsible for finance.
subject to any investment policy that may be prescribed in terms of section 7(4)of the Public Finance ManagementAct; and in accordance with anycriteriasetby the Minister.
TheNationalParksLandAcquisitionFundestablishedby section 12Aof the National Parks Act, 1976 (Act No.57 of 1976), continues to exist as a separate fund under the administration of South African National Parks despite the repeal of that Act by sectionof this Act.
Parkswhich it has acquired in terms of section81; income derived from investing any credit balances in the Fund; money borrowed bySouth African National Parks in terms of section 560 for the purpose of the Fund; and money derived from any other source for the purpose of the Fund.
TheChiefExecutiveOfficermust-keep account of the Fund separatelyfrom the other moneyof South African National Parks; and comply with the Public Finance ManagementAct in administering the Fund.
The must monitor the performance by South African National Parks of its functions; may determine norm and standardsfor the performance by. South African National Parksof its functions; may issue directivesto South African National Parks on measuresto achieve those norms and standards; may determine limits on fees charged by South African National Parks in the performance ofitsfunctions; and may identify land for new nationalparks and extensions to existing national parks.
SouthAfricanNationalParksmustperform itsfunctions subject to the norms and standards, directives and determinations issued by the Minister in terms of subsection(1).
In the absence of a functional Board, the functions of the Board revert to the Minister who, in such a case, must perform those functions until the Board is functional again.
Act, 1975, and subject to section 25 of the Constitution, if no agreement is reached with the owner or holder of the right.
if the land or right is donated or bequeathed to it, by accepting the donation or bequest.
accordance with the Expropriation Act, i975 (Act No. 63of 1975),subject to section 25 of the Constitution.
Cancellation of servitude on, or privately held right in or to, state land to cancel a servitude on state land, or a privately held rightin or to state land, which has been or is proposed to be declared as or includedin a national protected area.
The MEC, acting with the concurrence of the MEC responsible for public worksin the province, may take any steps necessary to cancel a servitude on provincial land, or a privately held right in or to provincial land, which has been oris proposed to be declared as or included in a provincial protected area.
or MEC may expropriate the servitude in accordance with the Expropriation Act,1975 (Act No.63 of 1975), subject to section25 sf the Constitution.
Cancellation of servitude on, or privately held right in or to, land owned proposed to be declared as or included in a national park.
(2)IfSouthAfricanNationalParksfails to reach an agreement with the owner of the property in whose favour the servitudeis registered or with the person holding the right, the Minister may on behalf of South African National Parks or the State expropriate the servitude or inright accordance with the Expropriation Act,1975 (Act No. 63 of 1975),and subject to section 25 of the Constitution.
The Minister may in accordance with section 80(l)(c), 81 (2), 82(3) or 83(2), and the MEC may 82(3), in accordance with section 80(2) or acquire or cancel a mineral right by way of expropriation only with the concurrence of the Cabinet member responsible for mineral and energy affairs.
land uses in protected areas that are harmful to the environment; providing for the establishment of advisory committees for protected areas, the appointmentof members and their role; setting norms and standards for the proper performance of any function conternplated in this Act, and the monitoring and enforcing of such norms and standards; regarding any other matter whichit is necessary or expedient to prescribe for the proper implementation or administration of this Act.
The MEC may, in relation toprovincialandlocal protected areas, make regulations notin conflict with this Act regardingany matter referred to in section 86, except a matter referred to in section 86(1)(q.
Regulationsmadeundersection 86or87may provide that any person who contravenes or failsto comply with a provision thereofis guilty of an offence and liable on conviction to afine or to imprisonment fora period not exceeding five years or to both a fine and such imprisonment.
51; hinders or interferes with a management authority aormember or staff member of a management authority in the execution of official duties; or falsely professes to be a member or staff member of a management authority, or the interpreter or assistant of such an officer.
A personconvictedofanoffence in terms of subsection is liable on convictionto a fine or to imprisonment for a period not exceeding five years orto both a fineand such imprisonment.
(1)Subject tosubsection (2),thelawsmentionedin the second column of Schedule1 are hereby repealed to the extent set out in the third column thereof.
Sections16 and 17 of the Environment Conservation Act, 1989 (ActNo. 73 of 1989), are repealed in a province witheffect from the date of publication by theMEC of regulations under section 87 prescribing matters covered by the said sections1 6 and 17.
(1)Anythingdone intermsofalawrepealed by section 91 which can or must be done in terms of this Act must be regardedas having been done in terms of this Act.
a member of South African National Parks, becomes a member of the Board for the unexpired part was of the term for which that person appointed as a member of South African National Parks; or thechairpersonofSouthAfricanNationalParks, becomes the chairperson of the Board for the unexpired part of the term for which that person was appointedas the chairperson of South African National Parks.
Theorgan of statemanagingaprotectedarea immediately before this section took effect, other than a protected area referred to in subsection(l),must continue managing the area until the management of the area is assigned either to it or another management authority in terms of Chapter4.
ThisActiscalledtheNationalEnvironmentalManagement: Protected Areas Act,2003, and takes effect on a date determined by the President by proclamation in the Gazette.
No. and year of Act Act No.39 of 1975 Act No.
1979 A& NO.9 of 1980 Act No.
1983 Act No. 43 of 1986 Act No. 111 of 1986 Act No.
1989 Act No. 23 of 1990 Act No.
1992 Act No. 91 of 1992 Act No.
1997 Act No. 106 of 1998 Act No.
<fn>GOV-ZA.25064En.2012-02-10.en.txt</fn>
A draftPublic Audit Bill, 2003, as presented to the Speaker of theNationalAssemblybytheAuditCommission, is hereby published for public comment.
To give effect to the provisions of the Constitution establishing and assigning functions to an Auditor-General; to provide for the auditing of institutions in the public sector; to provide foran Audit Commission; to repeal certain obsolete legislation; and to provide for matters connected therewith.
as an individual, means the individual appointed as Auditor-General or acting as such; "authorised auditor"means a of section 12 to perform person authorised in terms or to assist in the performance of an audit referred to in section 11; "delegation",in relation to a duty, includes an instruction or requestto perform or duty; to assist in performing the "Deputy Auditor-General" means the person appointed in terms of section 31, and includes a person acting as the Deputy Auditor-General; "constitutional institution" has the meaning assigned to it in section 1 of the Public Finance Management Act; "fruitless and wastefulexpenditure", in relation to expenditure of the Auditor-General, meansexpenditureincurredby the Auditor-General that was made in vain and would have been avoided had reasonable care been exercised; "irregularexpenditure", in relation to expenditure of theAuditor-General, means expenditure incurred by the Auditor-General in contravention of, or that is not in accordance with, a requirementof this Act or any other legislation applicable to the Auditor-General; "legislature" means Parliament, a provincial legislature ora municipal council; "Municipal Finance Management Act" means the Local Government: Munici-pal Finance Management Act,2003 (Act No. of 2003); "municipality" means a municipality established in terms of the Local Govern-ment: Municipal Structures Act, 1998 (Act No. 117 of 1998); "municipalentity" hasthemeaningassigned to it insection1 of theLocal Government: Municipal Systems Act,2000 (Act No. 32 of 2000),and includes the governing body of a multi-jurisdictional municipal service district referred to in section 87 of that Act; "national department" has the meaning assigned to it in section 1 of the Public Finance Management Act; "National Treasury"means the National Treasury establishedin terms of section 5 of the Public Finance Management Act; "provincial department" has the meaning assigned to it in section 1of the Public Finance Management Act; "provincial treasury" has the meaning assigned to it in section 1 of the Public Finance Management Act; "Public Accountants' and Auditors' Act" means the Public Accountants' and Auditors' NO.
(Act1991 Act, ''public entity" has the meaning assigned to it in section 1 of the Public Finance Management Act; "Public Finance Management Act"means the Public Finance Management Act, 1999 (Act No. 1 of 1999); "relevant legislature" means a legislature that has a direct interest in an audit; "supreme audit institution" means the institution which, however designated, constituted or organised, exercises by virtue of the law of a country, the highest public auditing function of that country.
to advise the National Assembly.
must be impartial and must exercise the powers and perform the functions of office without fear, favour or prejudice; and is accountable to the National Assembly.
cf any other institution or accounting entityrequired by other national or by provincial legislation to be audited by the Auditor-General.
funded from the National Revenue Fund aorProvincial Revenue Fund or by a municipality; or authorised in terms of any legislation to receivemoneyfor a public purpose.
In the event ofany conflict between a provision of this section and any other legislation existing when this section takes effect, the provision of this section prevails. Draft legislation which amends this section may be introduced in Parliament only after the Auditor-General has been consulted.
Auditor-General to provide specialisedadvice to the Auditor-General; and fl do any other thng necessary to fulfil the role of Auditor-General effectively.
The Auditor-General may, in the public interest, report on any matter within the functions of the Auditor-General and submit such a report to the relevant legislature and to any other organ of state with a direct interest in the matter.
Whenever it becomes necessary to appoint a person as Auditor-General, the Speaker must initiate the process in the National Assembly for the recommendationof a person to the President for appointmentas Auditor-General as set out in section 193 of the Constitution.
(2)When making an appointment, the President must determine the term for which the appointment is made, subject to section 189 of the Constitution.
The Audit Commission must consult the person recommended in terms of section 193 of theConstitutionforappointment as Auditor-Generalandmake recommendations to thePresidentforthedetermination of theconditions of employment of that person, including an appropriate salary, allowances andother benefits.
be substantially the same as those of the top echelon of the judiciary; and be paid from the funds of the Auditor-General.
The conditions of employment determined in terms of subsection (1) may not be altered by the President during the incumbent's term of office without the incumbent's written consent or to the incumbent's detriment.
must perform the functions of office full-time; and maynot perform any other remunerative work.
resigns, subject to subsection (2); or is removed from office in terms of section 194 of the Constitution.
on account of ill health or for any other reason which the President considers sufficient; and by giving at least threemonth'swrittennotice to the President, butthe President may accept a shorter period.
the appointment of a person as Auditor-General is pending.
any instances of co-operation in terms of section 5(l)(d).
must perform in terms of section 4(1) or (2); or (bj opts to perform in terms of section 4(3).
The Auditor-General may authorise one more persons to perform orassist or to in the performance of an audit referred to in section 11.
is registered as an accountantandauditor in terms of thePublic Accountants' and Auditors' Act and is engaged in public practice as an accountant and auditor; or is notso registered but has the qualifications, experience and competence referred to in subsection (3)(a);or a person with non-accountancy qualifications, experience and competence to the extent that a person with such qualifications, experience and competence is necessary for any particular audit.
any disciplinary steps for misconduct; and determine the manner in which an auditreferred toin section 11 must be performed; and determine the manner in which any powers conferred on authorised auditors in terms of this Act may be exercised, and limitations on the exercise of any of those powers.
their in accordance with the code of conduct referred to in subsection (3); and subject to any directives issued by the Auditor-General.
(5)The code of conduct for authorised auditors referredto in subsection (3)is subject to any code of professional conduct prescribed by any legislation applicable to public practitioners in the accountancy and auditing profession, and in the event of any inconsistency between the code of conduct referred to in subsection (3) and such code of professional conduct, the latter code prevails.
the nature and scope of such audits; and procedures for the handling of complaints.
best auditing practices, both locally and internationally; and the capacity of the Auditor-General and the accounting profession to comply with those standards.
make different determinations on the matters mentioned in subsection (1) for different categories of audits; or issue specific directives on those matters in any specific case.
Financial statements submitted totheAuditor-Generalforauditing by an auditee which is subject to the Public FinanceManagement Act or theMunicipal Finance Management Act, must be submitted within the period, be in a format, contain the information and otherwise comply with the requirements determined by those Acts.
Financial statements submitted by an auditee which is not subject to the Public FinanceManagement Act or the Municipal FinanceManagementAct, must be submitted within the period, be in a format, contain the information and otherwise comply with any requirements determined by the Auditor-General.
any of the assets of or under the control of the auditee: or any staff member or representative of the auditee.
any such document, book or written or electronic record or information, including any confidential, secret or classified document, book, record or information of whatever nature; or any such asset; 15 inspect, and question any person about, any such document, book or written or electronic record or information, or any such asset; copy, or make extracts from, any such document, book or written or electronic record or information, at theexpense of the auditee, orremove such document, book, record or written or electronic information to make copies or 20 extracts; direct a person to disclose, either orally or in writing, any information that may be relevant for the audit, including any confidential, secret or classified information, and question any person about such information; or direct-25 a person to disclose information or to give answers to questions in terms of this subsection in writing or under oath or affirmation; or that any such information or answers be recorded.
search the premises or vehicle, or any person on the premises or in the vehicle, for such document, book or written or electronic record or information or asset; and seize such document, book or written or electronic record or information or 40 asset for the purpose of completing the audit.
bj there are reasonable grounds to believe that a warrant would on application be issued, but that the delay that may be caused by applying for a warrant would defeat the object of the entry or search.
The person conducting the search must provide proof of identify to the person in charge of the premises or vehicle. If a warrant has been obtained, a copy of the warrant must be handed to the person in charge of the premises or vehicle or aflixed to the premises or vehicle at a prominent place.
The Auditor-General or such an authorised auditor is entitled to assistance from 55 the South African PoliceServiceor other law enforcement agency or investigating authority to enforce the provisions of this section.
The entering and search of premises or a vehicle, and the search of a person, in terms of this section must be conducted with strict regard to decency, order and any affected person's constitutional rights.
When exercising the powers referred to in sections 15 and 16, the Auditor-General or an authorised auditor may be accompanied by such assistants and other persons as are reasonably required for the exercise of those powers.
Act, or on any other irregular or criminal conduct relating to the financial affairs of an auditee, but any such disclosure may not include facts the disclosure of which would harm the national interest.
a in a civil matter;court or any other body or institution established in terms of legislation.
a legislature or an internal committee of a legislature; or a court in a criminal matter.
access to office equipment.
The Auditor-General must in respect of each audit referred to in section 11 prepare a report on the audit.
(3)In addition, the Auditor-General may report on whether the institution's resources were procured economically and utilised efficiently and effectively.
TheAuditor-General must submit an audit report in accordance withany legislation applicable to the institution or accounting entity which is the subject of the audit.
The Auditor-General mustsubmit all audit reports to the relevantlegislature.
(3)Audit reports must be tabled in the relevant legislature within a reasonable time. If an audit report is not tabled in a legislature within one month after its first sitting after thereporthasbeensubmitted by the Auditor-General, theAuditor-Generalmust promptly publish the report.
When the Auditor-General reports on an account established by the Security Services Special Account Act, 1969 Act No.
81 of 1969), the Defence Special Account Act, 1974 (Act No. 6 of 1974), or the Secret Services Act, 1978 (ActNo.
Subsection (1) doesnotpreventthedisclosure of any auditfindingbythe Auditor-Generalor an authorisedauditor on any unauthorisedexpenditure, irregular expenditure or fruitless and wastefulexpenditurewithin the meaning of the Public Finance Management Act, or on any other irregularor criminal conduct relating to the financial affairs of such an account, but any such disclosure may not include facts the disclosure of which would harm the national interest.
(1)The Auditor-General determines the basisfor the calculation of audit fees to be recoveredfromauditees in respect of audits referred to in section 11, afterhaving consulted the Audit Commission and the National Treasury.
An auditee must settle the account for audit fees within30 days from the date of invoice, failing which the Auditor-General must promptly take legal steps to recover the amount, unless it is not in thefinancial interest of the Auditor-General to do so.
30 days of the date of the account at the rate prescribed in terms of section l(2) of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975).
Ifan auditee defaults on the payment of audit fees, the Auditor-General must promptly notify the National Treasury.
(5)The National Treasury or the relevant provincial treasury, as may be appropriate, may, after consulting the Auditor-General, direct that audit fees recoverable from an auditee which is not a national or provincial department, be defrayed from a vote on the nationala or budget relevant treasury.
If the cost of auditing an auditee for any financial year exceeds one percent of the total current and capital expenditure of such auditee for that financial year, such excess must be defrayed from the National Treasury vote.
This Part applies to audits of institutions referred to in section 4(3) where the Auditor-General has opted not to perform the audit.
If the Auditor-General has opted not to perform the audit of an institution referred to in section 4(3),the institution must appoint as its auditora person registered in terms of the Public Accountants' and Auditors' Act as an accountant and auditor, and such.
Before appointing an auditor in terms of subsection (l),the institution must give notice of such appointment to the Auditor-General, including information on the extent to which the auditor would provide other services than audit services during the duration of the appointment, and any other information required by the Auditor-General.
rejects the institution's appointment, the institution must in terms of that subsection appoint another person as its auditor.
An institution referred toin section 4(3)may discharge an auditor appointed by it in terms of section 25(l)(a)before the expiry of that auditor's term of appointment, but only with the consent of the Auditor-General.
give the auditor notice, in writing, setting out the reasons for the discharge; and give the auditor anopportunity to make representations, in writing, to the Auditor-General within 20 days of receipt of the notice.
TheAuditor-Generalmust report any discharge of an auditor in terms of subsection (1)to the relevant legislature.
An auditor appointed in terms of section 25(1) (a)must perform the functions of office as auditor in terms of section 20 of the Public Accountants' and Auditors' Act.
In performing those functions as the auditor of an institution, the auditor has the powers assigned to the Auditor-General in terms of section 15.
An auditor may consult the Auditor-General or a persondesignated by the Auditor-Generalconcerningany matter relating to the auditing of the institution concerned.
must be given notice of every meeting of the institution's audit committee, if a has the and committee; such institution may attend, and participate in, any meeting of such an audit committee at the expense of the institution.
The Auditor-General or a person designated by the Auditor-General may request information regarding the audit from an auditor appointed in terms of section 25(l)(a).
to the Auditor-General; and id to the National Treasury or the relevant provincial treasury, as may be appropriate.
The Auditor-General may designate an authorised auditorto carry out an investigation or special audit referred to in section 5(l)(b).
(2)The provisions of Part 1 of this Chapter, read with any changes as may be required by the context, apply to any investigation or special audit referred to in subsection (I).
the National Treasuryor the relevantprovincial treasury, as may be appropriate; and the relevant legislature, for tabling in the relevant legislature.
The Auditor-General may charge the institution or accounting entity concerned a reasonable fee for carrying out an investigation or special audit in terms of this section.
consisting 35 the Deputy Auditor-General; and any other staff members referred to in section 34.
The Auditor-General is in overall control of and accountable for the administra- tion.
The Auditor-General, after consulting the Audit Commission, must appoint a person with appropriate qualifications and experience as the Deputy Auditor-General.
for an agreed term not exceeding five years, but which is renewable for one 45 further period of no longer than five years; and on terms and conditions determined by the Auditor-General, which must include performance standards.
TheDeputyAuditor-Generalis the head of the administration who must perform the functions of office in accordance with the directions of the Auditor-General.
As administrative head, the Deputy Auditor-General---is responsible for the management of the administration, including-(i) the formation and development of an efficient staff, (ii) the organisation, control and management of all staff; and (iii) themaintenance of discipline; must comply with section 42; must carry out the decisions of the Auditor-General; mustperformsuchdutiesand may exercise suchpowers as theAuditor-General may delegate to the Deputy Auditor-General; and must report to the Auditor-General on aspectsof management and the exercise of responsibilities, duties and powers, at such frequency and in such manner, as the Auditor-General may require. -. (3)The Deputy Auditor-General must exercisethe responsibilities, duties and powers of office subject to the directions of the Auditor-General.
Whenever the Deputy Auditor-General is for any reason absent or unable to exercise the responsibilities, duties and powersof office, or whenever there is a vacancy in the office of Deputy Auditor-General, the Auditor-General must appoint anotherstaff member as acting Deputy Auditor-General fora period not exceeding six months. (2) Whilstacting as Deputy Auditor-General, such staff member- (a) has the responsibilities, duties and powers of the Deputy Auditor-General; and (b) isemployedsubject to such termsandconditions of employment as the Auditor-General may determine.
The Deputy Auditor-General-(a) withinthe financial, administrative andother limits setbytheAuditor-General, must determinea staff establishment necessary for the work of the Auditor-General; and (b) mayappointpersons in posts onthe staff establishment. (2) All appointments to senior and other posts identified by the Auditor-General may be made only with the approval of the Auditor-General. (3) Persons appointed as employees are employed subjectto the terms and conditions of employment determined by the Auditor-General, subject to section 35. Terms and conditions of employment must be consistent withthe basic values and principlesset out in section 195 of the Constitution. (4) Personsseconded to the administration or appointed on contract to perform specific tasks, must carry out their duties under the control and directionsof the Deputy Auditor-General in accordance with the secondment or contract.
If otherwise becoming available to the Auditor-General.
(2)The Auditor-General may accept a donation or bequest, but must disclose any donations or bequests in the annual reportof the Auditor-General. All material donations or bequests must be itemised.
The Auditor-General must open one or more accounts with an institution or institutions registered in terms of the Banks Act, 1990 (Act No. 94 of 1990).
All money received by or on behalf of the Auditor-General must promptly be deposited into such account or accounts.
OnlytheDeputyAuditor-Generalora staff member authorisedbytheDeputy Auditor-General, in writing, may withdraw or authorise the withdrawalof money from such a bank account.
The affairs of the Auditor-General must be conducted in accordance with a budget and business plan prepared by the Auditor-General for each financial year. The budget must include estimatesof revenue and expenditurefor the financial year to which it relates, and the basis on which audit fees for the financial year are to be calculated.
(2)The Auditor-General must at least six months before the start of a financial year submit the budget and business plan for that year to- Commission; Audit (a) the the Speaker, for parliamentary oversightin terms of section 55(2)(b)(ii) of the Constitution.
The Auditor-General may at the end of a financial year retain, for working capital and general reserve requirements, any surplus for the year not exceeding an amount equal to 10% of the Auditor-General's total operating expenditure during that year, and any excess must be paid into the National Revenue Fund.
The Audit Commission must annually appoint an independent external auditor to audit the accounts, financial statements and financial management of the Auditor-General, and the Auditor-General's performance information.
may not be a staff member in the administration of the Auditor-General; and may not be a person who was engaged as anauthorised auditor during the two the years before appointment.
any other matters that the external auditor considers necessary.
5 Generally Accepted Accounting Practice.
The Deputy Auditor-General must within two months after the end of a financial year submit the financial statements for that year to the external auditor appointed in terms of section 39.
submit an audit report on those statements to the Auditor-General within two months of receipt of the statements for auditing.
15 within six months after the financial year to which they relate.
If the Auditor-General fails to comply with subsection (4), the Auditor-General must promptly submit a written explanation setting out the reasons for the delay to the National Assembly.
The financial year of the Auditor-General is 1April to 31 March the next year.
The Deputy Auditor-General is the accountingofficer in the administration of the Auditor-General.
all income and expenditure of the Auditor-General; and all assets and the discharge of all liabilities of the Auditor-General.
that all relevant financial considerations, includingissues of propriety, regularity and value for money, are considered when decisions affecting the Auditor-General'sfundsaremade, and, whennecessary, that those consider-ations are brought to the attention of the Auditor-General; and that staff members comply with the provisions of this Act.
If the DeputyAuditor-Generalisunable to comply withany of his orher responsibilities as accounting officer, the Deputy Auditor-General must promptly report the inability, together with to the reasons, Auditor-General.
overspending of the budget or expenditure not in accordance with the budget.
The Deputy Auditor-General has such additional responsibilities as accounting officeras the Auditor-General may determine from time to time.
that the provisions of this Act to the extent applicable to that staff member, includinganydelegationsbytheAuditor-GeneralortheDeputyAuditor-General, are complied with; and that the assets of the Auditor-General are effectively managed, safeguarded and maintained, and that liabilities are properly managed.
If the Deputy Auditor-General becomes awarethat the Auditor-General has taken a decision which, if implemented, is likely to result in irregular or fruitless and wasteful informed the Auditor-General, in writing, that the expenditure is likely to be irregular or fruitless and wasteful expenditure.
to recover or rectify such expenditure; and to prevent a recurrence of such expenditure.
fails to comply with a requirement of section 40(1) or (3) or 42; or makes or permits, or instructsany other person to make, an irregular expenditure or a fruitless and wasteful expenditure.
contravenes or fails to comply with a requirement of section 43 or a condition of any delegation of a power or duty in terms of section 60; or makes or permits, or instructs any other person to make, an irregular 15 expenditure or a fruitless and wasteful expenditure.
Financial misconduct is a ground for dismissal orsuspensionof, or other appropriatesanction against, a staff member in the administration despite anyother legislation.
A charge of financial misconduct against the Deputy Auditor-General or another staff member, must be investigated, heard and disposed of in terms of that person's conditions of employment and any applicable provisions of the code of conduct referred to in section 12(3)(bj.
The Audit Commission established by section 12 of the Audit Arrangements Act, 1992 (Act No. 122 of 1992), continues to exist despite the repeal of that Act by section 64 of this Act.
(3)As from the repeal of the Audit Arrangements Act, 1992, the Audit Commission functions in terms of this Act.
the basis for calculating audit fees in terms of section 23.
The Audit Commission may contract for the services of consultants and other persons that maybe reasonablyrequired for the performance of itsfunctions. Expenditure incurred in terms of this subsection must be defrayed from the funds of the Auditor-General.
The Audit Commission must annually submit to the National Assembly a report on the Commission's activities and the performance of its functions. The Commission must submit its report when the Auditor-General's annual report is submitted to the National Assembly in terms of section 40(4).
one of whom must be the Chairperson of the Standing Committee on Public Accounts; and at least two of whommustbepermanentdelegates of the National Council of Provinces; and three other persons of stature and good character.
(2)The members of the Audit Commission are appointed by the President subjectto section 51.
may not be a member of or occupy a position in the national or a provincial executive.
the national or a provincial legislature or executive, including the public service or any organ of state under the control of that executive; or a municipal council or the administration of a municipality.
When nominating or appointing a person in terms of subsection (1) or (2), the person'sknowledge of and experiencein auditing, state financeandadministrative affairs must be taken into account.
Members of the Audit Commission are appointed for terms not exceeding five years at a time as may be determined in each case at the time of the appointment, subject to section 56.
Whenevernecessary, thePresident, after consulting theSpeaker of the National Assembly and the Chairperson of the National Council of Provinces, must appoint one of the members referred to in section 50(l)(a) as the chairperson of the Audit Commission.
(2)The Chairperson is appointed for a periodas may be determined by the President which may not extend beyond his or her term as a member of the Commission.
A member of the Audit Commission must be remunerated from the funds of the Auditor-General at the same as a partner of an audit hourly audit rate firmdoing work 10 on behalf of the Auditor-General.
of a memberof the National Assembly section 47(l)(a) (ii) of the Constitution.
Conduct of members 15 55.A memberof the Audit Commission must act with fidelity, honesty, integrity, and in the best interests of the Auditor-General.
Amember may resign bygiving at least twomonth'swrittennotice to the President, but the President may accept a shorter period in a specific case.
If the National Assembly or a provincial legislature is dissolved, the members of the Audit Commission who are members of the Assembly or the National Council of Provinces continue in office as members of the Commission despite subsection (l)(a) 30 until new appointments are made in terms of section 51.
(2)The Chairperson presidesat meetings of the Audit Commission, butif absent from a meeting, the members present must elect another member to preside at the meeting.
TheAuditCommissionmustadoptaCharterdetermining its own procedures 40 subject to the other provisions of this Act.
A majority of the members of the Audit Commission serving at any relevant time constitutes a quorum for a meeting of the Commission.
(2)A matter before the Audit Commission 45 is decided by the votes of a majorityof the members present at the meeting.
If on any matter before the Audit Commission there is an equality of votes, the member presiding at the meeting must exercisea casting vote in addition to that person's vote as a member.
Act any any other member of the staff of the Auditor-General; or an authorised auditor.
any power and duty assigned to the Deputy Auditor-General in terms of this Act; or any power or duty reasonably necessary to assist the Deputy Auditor-General in complying withadutyassignedinterms of this ActtotheDeputy Auditor-General as accounting officer to take reasonable steps to ensure the achievement of a specific result.
may be withdrawn at any time.
(4)The Auditor-General or Deputy Auditor-General may confirm, vary or revoke any decision taken in consequence of a delegation or sub-delegationin terms of this section, subject to any rights that may have accrued to a person as a result of the decision.
The Auditor-General, the Deputy Auditor-General, any other staff member or any authorised auditor exercising a power or carrying out a duty in terms of this Act, is not liable in respect of any loss or damage resulting from the exerciseof that power or the carrying out of that duty in good faith.
No authorised auditor, person assisting an authorised auditor or a member of the staffof theAuditor-Generalmay, withoutthepermission of the Auditor-General, disclose information obtained in the course of an audit or the carrying out of duties in terms of this Act otherwise than in an audit report or in accordance with section18(4).
Amember of the staff of theAuditor-General to whom apowerordutywas delegated in terms of section 60, is guilty of an offence if that official deliberately or in agrosslynegligent way contravenes or fails to comply withaconditionofthe delegation.
Any person convicted of an offence in terms of this Act, is liable to a fine or to imprisonmentforaperiod not exceeding 12 months or to both a fine and such imprisonment.
The legislation mentioned in the second column of the table in the Schedule is hereby repealed to the extent mentioned in the third column, subject to section 65.
all the funds, assets, liabilities, rights and obligations ofthe Officeof the Auditor-General, including any balance in the Audit Revenue Fund, becomes the funds, assets, liabilities, rights and obligations of the Auditor-General.
The repeal of the legislation referred to in section64 does not affect the conditions of employment of a person referred to in subsection (I)(a), (b)or (c), including any accumulatedpension, leaveorother benefits to which suchaperson was entitled immediately before the repealof that Act, and such a person remains subject same to the conditions of employment applicable to that person immediately before the repeal of that Act without a break in those conditions of employment.
Any person who immediately before the repeal of the Audit Arrangements Act, 1992 (Act No.
the chairperson of the Commission, remains the chairperson of the Commis-sion for the unexpired part as of the term for which that person was appointed the chairperson.
(4)Anything done in terms of legislation repealed by section 64 and which could have been doneor must be done in terms of a provision of this Act must be regarded as having been in terms of the of this Act.
2003, and takes effect on a date determined by the President by proclamation.
SCHEDULE REPEAL OF LEGISLATION (Section 92) No.
None are foreseen.
The Office of the Auditor-General is of the opinion that this Bill should be dealt with in accordance with the procedure established by section75 of the Constitution.
<fn>GOV-ZA.25082009En.2012-02-10.en.txt</fn>
Mpumalanga Community Safety, Security and Liaison MEC, Ms. Sibongile Manana will present awards to the best performing police stations and managers in the province.
The awards are meant to acknowledge the stations that are performing exceptionally well and assist those that are not doing well in rendering police service.
Best overall station in the province.
The stations were evaluated by the Department of Community Safety, Security and Liaison in consultation with CPF Provincial Board and Independent Complaints Directorate (ICD).
<fn>GOV-ZA.25082010En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.25090aEn.2012-02-10.en.txt</fn>
DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM No.
The date of 10 June 2003is to be scrapped and replaced with,21June 2003.
<fn>GOV-ZA.250thseminaroftheujfacultyofhumanitiesEn.2012-02-10.en.txt</fn>
My appointment to the newly established Ministry of Higher Education and Training has prompted me to somewhat shift my thinking about Higher Education and its role. It has done this by encouraging me to see higher education as a component of the post-school education and training system, as one of the important options facing young people when they finish their schooling. If we look at it this way instead of starting with higher education institutions and their needs and roles, we see things rather differently. We see them from the view of one of the main constituencies in society (i.e. the youth) and that soon leads us to thinking also about other constituencies w hose needs universities can meet and the aggregation of these constituencies that make up the totality of our national community - and possibly even that of our neighbours.
We have, as I have noted a number of times in the last few months, about 3million South Africans between 18 and 24years of age who are not in employment, education or training. These are all recent school leavers whose needs the universities, as institutions serving the public good, must assist in meeting - in addition to those in the same age group who are already students or workers.
There are various ways in which this could be done. Some of these are obvious which others may not immediately be so obvious but which a little thought will make apparent.
Firstly, the higher education institutions can assist by increasing access to an increasing number of young people - include those who may not find their way to university by the conventional route but who have the potential to succeed. It must be admitted, though that increasing access to higher education, while it may make a big difference in the lives of some students and help to increase the skilled labour pool somewhat, will not make an enormous impact on expanding the opportunities of the underprivileged. We currently have an enrolment of approximately 770 000 in higher education while we are aiming at increasing this a rather modest amount, to 820 000, in the next five years. The large expansion of opportunities for the youth will clearly have to come from elsewhere, particularly the college sector. I will speak later on, however, about the role that universities can play in this regard.
Apart from increasing access, the universities also have an important role to play in improving the quality of the learning experience that it provides its students. They must help orient new students to university life, providing study skills and helping new students to understand what university is all about and what is expected of them. It is likely that much of the failure rate among first year students can be attributed to young people entering the unfamiliar world of the university in which learning demands are quite different to those which faced them at school where there was - or should have been - a much closer supervision of learners than is possible at university. Many new students struggle to cope with a new social environment and an institutional culture that is totally new to them, a place where increased freedoms go hand in hand with increasing demands for self discipline.
In addition, new students (and not so new) could be facing racism and other types of discrimination in a form that they have never had to deal with before. The Soudien Report on Transformation, Social Cohesion and the Elimination of Discrimination in the Higher Education Sector (DoE, 2008) eloquently describes and analyses some of these difficulties and makes recommendation for overcoming the problems for the attention of both the universities and the government. And I hardly need add that academic, social and even medical support for students, while most important in first year, needs to be available throughout their academic careers.
Beyond these fairly obvious ways in which universities the needs of young people who enter higher education, there are also other ways in which higher education can assist in meeting the critical needs of the youth more generally. One of the biggest problems facing our youth is the preparedness for the poor preparation they get for the post-school world from their schools. Universities have a crucial role in improving the quality of schooling - in particular through the part that they play in teacher training, both initial teacher education and training and continuing professional teacher development. Most of our universities have well developed teacher education faculties or department and many do excellent work in training teachers and school managers. However, there are still some serious weaknesses here.
One thing that strikes me about the university education faculties is that many of them have limited expertise - or even interest - in primary school teaching. It is worth reflecting that not one SA university has a Chair in primary education - and most spend little energy on teaching students to teach reading, writing or numeracy; they also conduct little research in these areas. This is no doubt the legacy of the past when most training of primary school teachers took place in the teacher training colleges which have now been closed.
Despite very extensive research evidence that mother-tongue instruction could improve the quality of learning of our youngest learners, universities have been closing down or cutting back their African language departments. Does this make sense in the wake of a successful national liberation struggle Some of these problems may be the result of the department's funding model. We do, however, need to start to tackle the problems as soon as we can?
Another blind spot of our teacher education efforts is the little attention that we have given to the training of FET college lecturers and it now poses a major educational challenge to our higher education institutions. It is to these colleges that we, as a country, must look to absorb an increasing number of the youth who currently do not have education and training opportunities. It is a serious anomaly that we have a vocational training system that is only half the size of the higher education system and it must be expanded rapidly while at the same time ensuring that its quality is also improved. This is particularly important now that the numbers of artisans in SA has been declining at the same time that the need for skilled workers has in fact been increasing.
Many FET College lecturers have little formal training as educators. They are mainly trained, skilled workers who have become teachers. The same can be said for FET college managers at all levels.
(e.g. UKZN, Wits) but little has yet been done. I am aware that it is unrealistic to expect the every university to take up this challenge - there are after all only 50 FET colleges and a few dozen other vocational colleges (e.g. agricultural and nursing colleges) as opposed to the 26 000-odd schools for which teachers are currently trained. Nonetheless it is clearly time for the education faculties, perhaps through the Dean's Forum, to start to do a needs analysis and to decide how best to tackle this problem. Strengthening the training of college lecturers and managers should also begin to stimulate more research on the entire college sector, something that has been neglected by universities - although not by some NGOs or the HSRC which has dominated research conducted research in this area.
The question of training of adult educators including those working in the skills training system, currently centred on a mixture private and public providers loosely coordinated by the SETAs, also needs much more research than is currently available.
It would also be very interesting (and useful) to have research on the education and training system conducted by social scientists from outside the education faculties - sociologists, psychologists, historians, anthropologists and others. This would help to enrich the debates and to give them a different perspective.
Going back to the ways that universities can assist the youth, and also going beyond this, I hardly need to point out that the young people reflect the social composition of the country and that the majority of the unemployed youth who are not in education or training come from the poorest communities in South Africa. They live in rural areas, informal settlements and poor townships. The problems of these communities are the problems facing the majority of South Africa 's people. Their development challenges are to a great extent also South Africa 's development challenges.
If we ask ourselves honestly how much we as focus on understanding or tackling the social, economic, agricultural or technological circumstances and problems facing poor communities through our research, our teaching and our community outlook programmes, I suspect that the answer will be: not enough.
Of course South African universities - or groups attached to them - do have a history of activism on behalf of the poor and the disposed, but usually this has been peripheral to the main work of the institutions - even in opposition to it. I think here of initiatives such as the community development projects of SASO in the 1970s, the workers' education projects at some universities in the 1970s and 1980s. Also in the 1980s as mass opposition to apartheid was gaining strength, some other initiatives were tolerated by the university authorities, but marginalised and not given a status equal to mainstream academic activities. Examples here include campus-based quasi-NGOs like the education policy units, trade union support units, rural development or built-environment research and development initiatives. In the mainstream work of some of the universities, important intellectual work was done in undermining apartheid ideology. The work of the revisionist historians and other radical social scientists were a good example of this as were the valiant efforts of Jakes Gerwel and others to turn the University of the Western Cape into an intellectual home of the left. It was these struggles and initiatives that, amongst other things, saw the emergence of the Association of Sociology in Southern Africa in the 1980s as one prime vehicle for critical and progressive sociological discourse.
Since the early 1990s, things have taken a different turn. The demise of the apartheid system and the advent of democracy in South Africa coincided with important international developments: the end of the Cold War and the ascendency of the Washington Consensus. Together with our political freedom has come the stifling burden of marketisation of many of our public institutions and services, including education. This has led to a preoccupation of educational institutions with income generation, cutting costs, privatisation and outsourcing. Perhaps inevitably, institutional leadership has been pushed towards a managerialist orientation and a concentration on economic and administrative matters.
Transformation has been viewed one the one hand (quite rightly) through the lens of changing student and staff demographics as a result of political pressure from government and society. On the other hand, it has led to a pre-occupation with creating so-called 'world class universities' which aspire to be like Harvard or Oxford.
Of course, we do need to strive for excellence, to produce more PhDs, do cutting edge research and compete with the best in the world. However, I believe that at this stage of our development, the main thrust of our curricula and our research should be in the context of understanding and resolving our own society's needs. This is not a call for parochialism or for not engaging with the best minds and the best knowledge produced in universities and research institutions from across the globe. But it is a call to engage much more fully than we have in the past with South African realities and the realities of Africa and the developing world in general.
This means especially (although obviously not exclusively) dealing with the problems of poverty and under-development, both theoretically and empirically, in our research and in our teaching. It is a sad fact that most social scientists dealing with issues of underdevelopment are based in the rich countries. While the fact that these developed country scholars study developing countries is not a problem, should we really be relying on them as the primary source of thinking on our problems?
There are of course exceptions to this pattern. The important work done by some of our universities in conducting medical and social research on the HIV/AIDS pandemic is an example of the research of this type that is already being done. Such research is sometimes conducted in cooperation with universities from the developed world, but, to the best of my knowledge, always as equals not in any way as junior partners.
An interesting recent initiative has come partly out of this university. Dr Xolela Mangcu, IDASA and Harry Boyte, a left-wing academic from the University of Minnesota are about to launch a South African Democracy Universities Project. A seminar is being held at this university later this month to flesh out the conceptualization of this project which aims to engage academics and students in different areas of public policy work and community development. According to the concept document, the project envisioned will include research, public debate about the role of education and also organizing of affiliated working groups at universities likely to be leaders in this effort. While I know very little as yet about how this project will develop and am not in any position to endorse it, I believe that the concept of using the academy as a basis of promoting public participation in building a vibrant democracy and is one which is worth pursuing.
Some of the issues that progressive social scientists will pursue in the coming years will be new issues. Others will be old issues coming back in new guises and needing to be looked at in new ways. There are many important issues associated with development which we must tackle through empirical research and through theorisation: This include issues like how we can fight poverty, how we create full employment, how we can overcome the problems that we are experiencing in educating children (and especially poor children) effectively, what the best ways are to fight various diseases, what strategies are effective in expanding popular democratic participation, what the main obstacles are to defeating a host of social ailments ranging from rural underdevelopment to malnutrition to dysfunctional households, housing and sanitation problems , environmental problems and socio-psychological disorders. Some of these problems need the serious attention of natural scientists such medical scientists or engineers. All of them need the attention of rigorous, thoughtful, energetic and creative social scientists. All of them also, I dare say, require greater attention than the questions of how corporations can maximise their profits or how to sell washing powder, beer or cell phone contracts more successfully.
Cutting across the social problems I have listed are of course issues associated with the structure of society, its divisions and contradictions and the relationships between social groups. These are the big questions of South African society and the basic questions have not changed much over the decades although their manifestations and the ways that we look at them keep changing. An example here is the question of the relationship between race and class which has exercised minds among the oppressed and the left for over a century. More recently issues of gender relations have become a major issue of contention as have other issues associated with power relations among social groupings. The race-class dynamic has recently surfaced in a public debate in the mainstream media involving Andile Mngxitama, Mokong Mapadimeng and Devan Pillay. I have also made an intervention in this debate in an article in the latest edition of the SACP journal, Umsebenzi, which is available to all to read online so I won't go into the arguments now. The point I want to make here is that perennial issues such as this deserve the attention of our best social scientists and to be brought to the attention to all our students.
Indeed sociology has a lot to say about education. Education can be regarded as a weapon through which we can transform class, racial and gender relations in society. Precisely because of this, it is a contested terrain, reflecting the very same three contradictions that society seeks to address. Is sociology today saying and reflecting on these things Is sociology today saying enough about our developmental agenda?
Let me conclude by thanking you for inviting me here today to share my thoughts with you. I look forward to the day, hopefully soon, that the social sciences once more gain the status and the importance in the universities that they had in the late 1970s and 1980s and where they are looked to by important sections of our society as guides to political and social action. I also hope that they will play a critical role in preparing the youth for their futures and becoming an important part of shaping their outlook and creating opportunities for them to lead a fulfilling life for themselves and assist them to contribute towards their communities and their society.
<fn>GOV-ZA.25106cEn.2012-02-10.en.txt</fn>
The draft Agricultural Produce Agents Bill,2003,is hereby published for comment.
(W-2003) NOTE [ ]Words in bold type in square bracketsindicateomissions from existing enactments.
Amendment of sectionIof Act 12 of 1992 1.
ofcompany, a ofclose corporation or a trustee of a trust which is a fresh produce agent as defined in paraqraDh (a): and performs on his behalf anv act referred to above.
Substitution of section 3 of Act 12 of 1992 2. The following section is herebysubstituted for section 3 of the principalAct: 3. Constitution of council.
2 Theregistrar shall ex officio be a member of the council.
bThe existingcouncilshall, in the eventoftheMinister not having aDpointed a new council on their term of office exDitincl. continue in office until a new council has thus been amointed.
l7) A member of the council other than the registrar and a member referred to in subsection (l)(g) shall be Daid for hisservicessuchremuneration or allowances from the funds of the council. as the council mav determine.
by the deletion of paragraphs (b) and (e).
Substitution of section 5 of Act 12 of 1992 4.
5. Chairperson of council.
3 A personwhoseterm of officeas chairpersonhasexpiredthrouqh effluxion of time shall be eliqible for re-election to this office: Provided that no person shall serve as chairperson for more than six consecutive years.
Substitution of section 6 of Act 12 of 1992 5.
6. Meetina and decisions of council.
The council shall meet at such times and places as the chaimerson mav from time to time determine.
c In the event of an equalitv of votes on anv matter the person presidinq at the meetinq shall have a castina vote in addition to his deliberative vote.
(b)(l) and (c),andparagraphs (b)(ii) and (d), respectively, of section 3(1).
Substitution of section 8 of Act 12 of 1992 7.
Id may not particbate in any matter in which he has an interest which would preclude him from exercisinq his powers or performina his duties and functions in a fair, unbiased and proper manner.
{ii promotinn Public awareness in respect of matters relatinq to the Durchase of asricultural Produce referred to in Part A or B of Schedule1.
The council may at any time revoke any qrant referred to in subsection 3)(a).
8 The council shall.
Substitutionof section I2 of Act12 of 1992 1I. The following section is hereby substituted for section 12 of the principal Act: 12. Establishment and control of fidelity[funds] fund.
income derived from the investment of money in the said fund; and any other money accruingto the said fundfrom any other source.
@ [(4)](a) Each fresh produce agent other than a person employed bv such an aqent [who is the holder of afidelity fund certificate] shall annually before or on accountofthe [applicable] fund an amount calculated on such basis or in such manner as the council may determine.
A determinationbythecouncil in terms ofparagraph(a)shallbemadewith due regard to the purpose for which the fund [concerned] has been established, as well as the present assets and future obligations of that fund.
of this section prior to the commencement of this section, to comply with the provisions of the said Act and the regulations made thereunder;andtheft.
(ii)[agents who are in possession of validfidelityfund certificates, to comply with the provisions of this Act and the rules] dishonest conduct bv a fresh produce aqent inso far as such conduct relates to agricultural produce.
only be payable from the fund referred to in subsection if it relates to an agricultural product specified in Part A of Schedule 1; and only be payable from the fund referred toin subsection if it relates to an agricultural product specified in Part B of Schedule 1.
[(S)]The [funds] fund shall be controlled and administered by the council in accordance with the provisions of this Act.
[(7) The councilshall open separate accounts with a deposit-taking institution or buildingsociety in which the money inthe funds is to be kept.
& [(8)]Thecouncilmayinvestanymoney in the [funds] fund not required for immediate use at a deposit-takins institution.
a [(9)]Thefinancialyear of the [funds] fund shallterminateonsuchdatein each year as the council may determine.
@ [(II)]Theprovisionsofsection 11 (6),(7)' (8) and (9) shall mutatis mutandis apply to the [funds] fund.
Substitution of section13 of Act 12 of 1992 12.
13. Payments out of[funds] fund.
in the case of an agent who is a close corporation, is a member of that close corporation.
Substitution of section 14of Act 12 of 1992 13.
[(c)] A proportional payment under paragraph (b) shall be deemed to befull and final payment in respect of the claim.
Substitution of section 16of Act 12 of 1992 15.
16. Prohibition on actingas agent under certain circumstances.
[the council has under subsection (3)exempted such person from complying with the provisions sf subsection (I)] the case of an export or livestock aqent, the act has been performed bv the holder ofa recristration certificate.
Such exemption shall be granted subject to such conditions as the council may in each case determine.
fc) If the council upon receipt of any application-~ referred to in subsection fl)or (2) and the security (where applicable) and aoplication fee referredto inthosesubsections, is satisfiedthattheapplicant is not disqualified in terms of subsection(6)from beinn issued with a fidelity fund or resistration certificate, the council shall in the prescribed form issue to the applicant a fidelity fund certificateor a resistration certificate, as the case may be.
[(g)] in the case of a company [or co-operative], close coworation or other leqal Demon, which is being wound UD, whether provisionallyorotherwise.or is derenistered, asthecasemay be; [has adirector or employee, and in the case of aclose corporation, has a member or employee, who is subject to a disqualification set outin paragraph (a), (b), (c),'(d), (e) or (0.
or in the case of a fresh Droduce agent, if he has failed to complvwith the provisions of section in the case of a fresh produce agent referred to in the definition of 'fresh produce agent'.
a @J The may a fund or council issue certificate fidelitv reaistration certificate to any person who, in the opinionof the council is actinq or intending to act as a fresh produce or livestock agent and such a certificate shall be deemedto be a certificate issued on apolication bv such a person.
[(7) Any person to whom a fidelityfund certificate has been issuedin terms of subsection(5) shall, when requested thereto bythe council, pay to the councilwithin the period determined by the council the amount determined by the council.
(8) (a) Subject to the provisions of paragraph (b), each person who immediately prior to the commencement of this section was a member of the fidelity guarantee fund established under section 27 of the Agricultural Produce Agency Sales Act, 1975 (Act 12 of 1975), shall be deemed to be the holder of a fidelity fund certificate issued by the council in terms of this Act.
The validity of a fidelity fund certificate referred to in paragraph (a) shall lapse 90 days after the date of commencement of this section unlessthe holder thereof has on or before such date paid to the council the applicable amount determined by the council for thispurpose.
[(v)] of any further particulars requested by the council asa of noticetermsthe subparagraphs.
A fidelity fund or registration certificate issued to an agent shall automatically lapse when he becomes disqualified as contemplatedin [subsection] subsections [(S)](4)(a)-(k) or (4)or if the aaent ceases to act as an aaent.
1shall likewise lapse.
18 (2) or 19(1).
in the case of a fresh produce aqent who conducts his or her business at a fresh produce market, bv means of a written notice addressed to the pewon in charqe of that market, notifv him thereof: and cause particulars thereof to be published in at least two official languages, onewhichshouldbe in English, circulating in the district in which the said agent's last known business address, as entered in the records of the council, is situated.
of his business as an aqent, except with the written consent of the council , and subiect to such conditions as the council may imoose.
Substitution of section 17 of Act 12 of 1992 16.
17. Security by agents.
Substitution of section 18 of Act 12 of 1992 17.
[An] A freshProduceagent [referred to in subsection (I)] shall retain the accounting records to be keptin terms of this section, for a periodOf at least three years after the last entry in respect of any transaction [was] made therein, atthe applicable place referred to in subsection (I), together with the vouchen, receipts and other documents relatingto those accounting records.
(b)forthwithnotifythecouncil in writing of theplaceatwhichsuch accounting records and the vouchers, receipts and other documents referredtoinsubsection (3) whichrelatetothoserecordsare retained as contemplated in that subsection[.
Substitution of section 19 of Act 12 of 1992 18.
open and keep a trust account at a deposit-taking institution; and forthwith deposit therein the proceeds of the saleof' agricultural producesold by him on the instructions of or on behalf of his principal.
Only one trust accountshall be kept in respect of the business of [an] a fresh Produce agent which is a partnership.
The Minister may on the recommendation of the council and by notice in the Gazette suspend theoperation of the provisions of this section and of section 20, or such portions thereof as he may determine, in relation to a particular category of agent if he is satisfied that the said provisions or any portion thereof has an unnecessarily restrictive effect on the disposal of the proceeds of the sale of agricultural produce by such category of agent.
be subject such conditions to and requirements as the Minister may onthe recommendation by council determine and set out inthe said notice.
@ [(4) An] A fresh Produce aqent shall cause the auditor referred to in section 18 (Z), [shall] immediatelyafterhavinq [completing] completedanaudit contemplated inthatsection[,]transmittothecouncilareport in theform determined by the council regarding his findings, and a copy thereof to the fresh agent [concerned].
in section 20 (1).
it comes to the attention of the council that the total of the balances shown on the trust account in the accountina records of that fresh Droduce aaent exceed the total amount of the funds in his or trust bankina account.
must hand such less remuneration to which it is lawfullv entitled for services rendered in respect of such sale, to that fresh produce aaent for depositinain his trust account.
Substitution of section20 of Act 12 of 1992 19.
[as an agent] and the other reasonable expenses incurred by him in connection with the sale of that agricultural product.
Amendment of section 22of Act 12 of 1992 20.
prescribe the Period within and the manner or registration certificate.
Substitution of section 23 of Act 12 of 1992 21.
23. Improper conduct.
(c)withdueregardto his occupation, hehas through any other act or omission [in the opinion of the council] conducted or unprofessionally, or himself improperly herself disgracefully.
Substitution of section 24of Act 12 of 1992 22.
la summontheaqentorpersonon notlessthan 30 davsnoticeto appear before a disciplinary tribunal as contemplated in section 25 at the date, time and dace specified insuchsummons.
& A summons referred to in subsection(3).
[(3) The acquittal or the conviction of an agent or person by a court of law upon a criminal charge shall not be a bar to an inquiry in respect of him in terms of this section, even ifthe facts being inquired into would, if proved, constitute the offence set forth in the criminal charge on which he was so acquitted or convicted, or any other offence of which he might have been convicted at his trialon the said criminal charge].
Substitution of section25 of Act 12 of 1992 23.
[(I)Any such inquiryshall be held onsuch date and at such time and place as may be determined by the [chairman of the council and the] registrar and. he shall summon the agent or person on not less than 10 days notice to appear before it at the date, time and place specified in the summonsfor the purpose oftheinquiryand to produce at such inquiry any book or other document specified in the summons which the said agent or person has in his possession or custody or under his control or which is suspected or believed to be in his possession or custody or under his control and which has a bearing on a complaint, charge or allegation referred to in section 24(1) [inform the agent in writing thereof.
The council may in its discretionappoint one or more persons to adduce evidence in support of the charge and to crossexamine any person called as a witness for the defence, and the council may remunerateany such person as it may deemfit.
1964 (Act No.
A disciplinary tribunal shall conduct itsproceedingsin accordance with rules made for this purpose: Provided that the onus of proof shall be the same as in criminal proceedinas.
havino been called as a witness at a hearing. shall without lawful excuse refuse to be sworn or to make an affirmation or to Droduce anv book or other document or to answer anv Question which he mav berewired to Droduce or answer.
give evidence or to produce a book, document or record in a civil trial before a court of law, shallmutatis mutandis apply in relation to the examinationof or the production of any book, document or record by any person[summoned] calledin terms of this section.
[6 If the conduct or an act, omission or contravention or alleged act, omission or contravention of an agent or person which is the subject of an inquiry in terms of this section, amounts to an offence of which he has been convicted by a court of law, acertified copy of the recordof the judgment relating to histrial and conviction by that court of law shall, upon the identification of the agent or person as the person referred to in the record as the accused, be sufficient proof of the commission by him of such offence unless the conviction has been set aside by a superior court.
(13)[(9)]Any person who, having been duly sworn or having made an affirmation, tenders false evidence at the hearing[an inquij] held under this section, knowing such evidence to be false, shall be guilty of an offence and liable on conviction to the penalties which may lawfully be imposed for the offence of perjury.
Thedisciplinarvtribunalmay. if an aqentor mrson Drima facie committed an offence, submit a'certified CODY of the record of the Droceedinqs at any hearing held in terms of section 24 to the office of the National Director of Public Prosecutions havinq jurisdiction in the matter.
Substitution of section 26 of Act 12 of 1992 25.
if he in partnership acts as an aaent, of ever!!
(4) (a) Ifat the end of the period for whichthe taking of a decision has been postponed under subsection (2), the council is satisfied that the agent has observed all the relevant conditions, the registrar shall inform the agent that the council will not take a decision under subsection (1).
Ifthe execution of a decision has been suspended under subsection (2) and the council is satisfied that the agent has observed all the relevant conditions throughout the period of suspension, the registrar shall inform suchagent that such decisionwill not be executed.
subsection (2), the [council] reqistrar shall [take a decision under subsection (I), person satisfies the[council] reqistrar that the non-compliance with such conditions was due to circumstances beyond his control.
[(S)A decision taken under this section by a committee authorized thereto in terms of section7 shall only come into effect after it has been confirmed by the council.
applicable to civil litiaation; and having iurisdiction shall be empowered to assess such costs.
@J the costs of recordinq.
The tribunal wheneverfine been on an disciplinarv mav, a has imposed aqent as contemplated in subsection (l)(c) order that any portion of that fine, but not exceedina 80% thereof, be applied towards the pavment of compensation to any person who suffered a pecuniaryloss as a result of the conduct of the anent or person in question.
from the council as contemplated in ParaclraDh(b), the court shall take the pavment into account in makina such award.
Substitution of section27 of Act12 of 1992 25.
designated as an inspector under this Act.
An inspector shall, when performing any functions in terms of thisAct, have his certificate of appointment, in his possession. [at the request of any person affected by the exercise or performance by such inspector of any power or function referred to in subsection (4), exhibit the certificate referred toin subsection (2) to such person.
seize and retain any such fidelity fund certificate, book, record or other document to which any prosecution or charge of improper conduct under this Act may relate or to which he on reasonable grounds believes such prosecutionor chargemay relate: Provided that the person from whose possession or custody any fidelity fund certificate, book, record or other document was so taken, shall at his request be allowed to make, at his own expense and under the supervision of the inspector , copies thereof or extracts therefrom.
examine anv obiect found on or in the premises which has or might have a bearing on the investigation in auestion and request from the owner or person in charqe of the premises or from any person in whose possession or charcre.
its issue exDires, which ever occurs first.
96 No.
Amendment of section 29 of Act I2 of 1992 26.
@(e)Jin any application in terms of this Act, knowingly furnishes is false or misleading, shall be guilty of an offence.
mentioned in subsection 1103, shall be liable to a fineto or immisonment not exceeding three months or to both that fine and imprisonment.
Amendment of section30 of Act 12of I992 27.
Amendment of section 31 Act12 of 1992 28. Section 31 is hereby amended by the deletion of subsection (2).
Deletionof section 32of Act 12 of 1992 29. Section 32 of the principal Act is hereby deleted.
of the definition of 'fresh produlce agent' in section 1, for a fidelity fund certificate, and shall furnish the councii with such information relatingto himself and such persons as the council may determine.
in the case of a livestock agent, be deemed to be the holder of a registration certificate.
This Act shall be called the Agricultural Produce Agents Amendment Act,2003.
<fn>GOV-ZA.25112009En.2012-02-10.en.txt</fn>
Media Release withdraw reported cases from the police stations.
Shongwe was addressing people who came to witness the Launch of the 16 Days of Activism for No Violence Against Women and Children campaign held at Mangweni in the Nkomazi Municipality.
The MEC said people needed to utilise government resources prudently by being at the forefront in the fight against crime.
Our mothers and sisters who come to the police stations to open cases relating to abuse, should work with the police in ensuring that reported cases are successfully concluded.
You are not helping us when you open a case today and tomorrow you come back and withdraw the same case. This is waste of resources and it is not encouraged.
"When we talk about being frontal in the fight against this crime, we refer to a solidified partnership with the victims too," said Shongwe.
He explained that government had made crime and corruption its priority and was aware that it could not win the war alone. He said government needed participation of all stakeholders in order to succeed in the fight against crime.
Shongwe added that the provincial government was concerned with the last financial year's crime statistics. Mpumalanga province recorded over 4 500 cases of sexual abuse. He said in partnership with communities, government needed to uncompromisingly confront sexual abuse.
"We need to ensure that the level of awareness is increased so that negative impacts of this violence are well exposed. We will like to encourage our people more especially the victims, to expose the perpetrators," he said.
As part of the campaign, Shongwe, departmental officials, SAPS and representatives of the Nkomazi Municipality visited two child-headed houses and a community centre to show the support of the department by giving the inhabitants of those houses food parcels.
The newly appointed Mpumalanga SAPS Commissioner, Commissioner Thulani Ntobela said incidences of sexual abuse were mainly caused by liquor abuse.
He said that most crime took place on weekends, from Friday to Sunday between 16h00pm to 04h00 am respectively.
As SAPS we are here to bring a message of hope that today is better than yesterday. This campaign should not only be for 16 days, but should become our everyday job as the police.
"We need you to participate in sector policing so that you will alert us when you witness domestic violence since police officers cannot be in every street corner," said Ntobela.
13 to 17 years made up 32 percent. However those from 18 years old upwards were the real victims.
The Mpumalanga Community Safety, Security and Liaison department, in partnership with other departments has scheduled a string of activities to generated increased awareness of the negative impact of violence on women and children that will run until the end of the campaign on 10 December 2009.
Among others, there will be gender-based violence awareness campaigns, human trafficking awareness campaign, marketing of victim friendly centres and anti-rape awareness campaigns.
<fn>GOV-ZA.25147En.2012-02-10.en.txt</fn>
The National Gambling Bill, 2003, is hereby published for general comment.
To provide for the co-ordination of concurrent national and provincial competence over matters relating to casinos. racing. gambling and wagering. and to provide for the continued regulation of those matters; for that purpose to establish certain uniform norms and standards applicable to national and provincial regulation and licensingof certain gambling activities. andto provide for the of additional creation uniform norms and standards applying generally throughout the Republic; to continue the National Gambling Board; to establish the National Gambling Policy Council.
Part D.
Part E . Licensing of persons employed in gambling indust?
Chapter 3.
Part A.
Part E . License Investigations.
Chapter 4.
Part B.
61 Continuation of National Gambling Board 31 62 Objects and functions of the Board 31 64 Composition of Board 33 65 Conflicting interests 34 66 Resignation.removal from office: and vacancies 34 67Meetings of the Board 35 68Committees of Board 35 69 Remuneration and allowances of members of Board and committees.
35 70 Staff of Board and remuneration.
71 Finances.
36 72 Accountability.audit and annual report.
Chapter 5 . Enforcement and Offences 73 National inspectorate.
3774 Functions and powers of inspector 37 75 Breach of confidence.
77 Failure to answer fully or truthfully.
78 Failure to comply with Act 39 79 Offences and breach of license condition.
Chapter 6 . General Provisions 84 Regulations 40 85 Repeal of laws and transitional arrangements 40 86 Short title and commencement..............................................
Definition1 41 2 General preservation of regulations. rights. duties.
It is desirable to co-ordinate activitiesrelating to the exercise of that concurrent competence within the national and provincial spheres of government; It is desirable to establish certain uniform norms and standards applying generally throughout the Republic with regardto casinos, racing, gambling and wagering, so that: Gambling activities are effectively regulated, licensed, controlled and policed; Members of the publicwhoparticipatein any licensed gamblingactivityare protected: Society and the economy is protected against over-stimulation of the latent demand for gambling; and The licensing of gambling activities is transparent, fair and equitable.
1 (1) In this Act, the following definitions a.
money. Property. a cheque, a token, a ticket, electronic credit, credit, debit or electronic chip, or similar object; or iii any other thing.
whether or "COnStitution" means The Constitution of the Republicof south Africa, 1996 (Act NO.
is available to be played or operated upon payment of consideration; and may, as a result of playing or operating it, entitle the player or operator to a pay-off, or deliver a pay-off to the player or operator; "informal bet" meansa bet.
a gambling activity, means that a valid licence has been issued.
a gambling machine or gambling device, means that a valid licence has been issued.
a or provincial office bearer of a party.
(ij a or (iij a gambling device that the Minister, by regulation, has identified in terms of section 18; "prohibited practice" hasthe meaningassigned to that expression in the Competition Act, 1998 (Act No.
''South African Bureau of Standards means the entity of that name established in terms of section 2(1) of the Standards Act, 1993 (Act NO.
"this Act" includes the Schedules and regulations.
"may" is empowering and permissive, indicating a discretion on the part of the subject, whether or not to engage in the applicable action. bi "must" is mandatory, indicating that the subject has no discretion whether or not to engage in the applicable action. ici "may not'' is limiting, indicating a restriction or restraint on the scope of a power, function or authority, beyond which the subject hasno authority to act.
d/ "must not" is prohibiting, indicating that it is unlawful for the subject to engage in the applicable action.
Application of this Act 20 2 This Act does not apply to an activity that is regulated in terms of the Lotteries Act, 1997 (Act No. 57 of 1997).
bingo or another gambling game as described insection 5; or 30 an amusement game, to the extent that applicable provincial legislation requires such games to be licensed.
stakes, or accepts a stake of, money or anything of value on a fixed odd bet, or 35 an open bet, with a bookmaker on any contingency; or stakes. or accepts a stake of, mone:y or anything of value with one or more other persons on any contingency; or expressly or impliedlyundertakes, promises or agrees to do anything paragraph contemplatedin (a)or (b).
a system in which the total amount staked, after deductions provided for by law or by agreement, is divided among the persons who made winning bets in 45 proportion to the amount staked by each of them in respect of a winning bet; or any scheme. form or system of betting, whether mechanically operated or not, that is operated on similar principks.
it is played upon payment of any consideration, with the chance that the person playing the game might become entitled to, or receive. a pay-off, and the result may be determined by the :;killof the player or operator, the element of chance, or both.
A bet or wager. as described section in 4(1).
whether as a result of the skill of the player or operator, the application of the element of chance, or both; and regardless how the pay-off is made.
An opportunity to play a further game.
A prize given to a participatingathlete, or team of athlete's, in a sporting event, in respect of the participant's performance in that event.
converted in terms of any scherne, arrangement, system, plan or device prescribed in terms of subsection (4).
(4)The Minister, by regulation made in accordance with section 84, may declare that any scheme, arrangement, system or plan is nos an opportunity to play a further game.
maintain or operate any premises, whether or not they are licensed premises, for the purposes of a gambling activity contemplated in paragraph (a);or permit any premises undertheperson'scontrol, whether or not they are licensedpremises. to be used for the purposes of a gambling activity contemplated in paragraph (a).
ai owns.
A contravention of this section is an offence.
c an informal bet, unless, in the circumstances, there are reasonable grounds to conclude that any of the parties to the bet intended to establish an enforceable contractual relationship when they, staked, or accepted the stakeof, money on that contingency?
9 (1) Notwithstanding any provision to the contrary contained in any other law, a person must not- (a! import, manufacture, supply, sell, lease, make available, possess, maintain or alter a gambling device; or make available a prescribed gambling device for use in a gambling activity unless that person is authorised to do so in terms of this Act or applicable provincial legislation.
maintain or operate any premises for the purposes of a restricted gambling activity unless that gambling activity in, on or from those premises has been authorized in terms of alicence.
bi permit any premises under that person's control to be used for the purposes of a restricted gambling activityunless that gambling activity in, on or from those premises has been authorized in terms of a licence under this Act or applicable provincial legislation; or pennit an individualin oron anypremisesunderthatperson'scontrol to engage in a restricted gambling activity, unless that gambling activity in, on or from those premises has been authorized in terms of a licence under this Act or applicable legislation.
11 (1) A person must not engage in or make available an interactive game except as authorised in terms of this Act or any other legislation.
12 (1)For the purposes of this section, 'minor'means a person who has not attained the age of 18 years.
(i)gainaccess to adesignatedareawithinlicensed premises, or to a prescribed gambling device; or engage in. conduct or make available a restricted gambling activity.
gain access to a designated area within licensed premises. or to a prescribed gambling device: or engage in, conduct or make available a restricted gambling activity.
bj operate that prescribed gambling device; or premises; or within those premises.
(5)A contravention of this section is an offence.
13 (1)A route operator, site operator, independent site operatoror bingo operator must not extend credit, in the name of the licensee or a third party, to any person for the purpose of gambling.
Acontravention of this section is a breach of a licencecondition, subject to administrative sanctions in terms of this Act or the applicable provinciallegislation.
in a false or misleading manner; or that is unlawful in terms of this Act or applicable provincial legislation; or a gambling activity, other than an annusement game, in a manner intended to target or attract minors.
16 (1)The Minister, by regulation made in accordance with section84, may prescribe minimum standards for the design, use, and maintenance of premises that are, or are intended to be, licensed premises.
(2)A person licensed to engage in. conduct, or make available licensed activitiesin on or from particular licensed premises must cornply with prescribed standards for the design, use and maintenance of those premises.
license a personas a site operator, to operate limited payout machines in or on specific named premises; and determine the hours of operation for that site, which may be the same as, differentfrom, or outsidethenormalhours of operation of the primary business conducted at that site.
The operation of limited payout machines must be incidental to, and not be, the primary business conducted in any premises licensed as a site, if that site falls within an 'incidentaluse'categorydeterminedby the Minister, interms of section 26 (l)(b).
(3)A site operatormay be linked to a particular route operator, or may be independent, if provided for in terms of applicable provincial legislation.
keep limited payout machines own'cd by the route operator on the site; and make those machinesavailable to be played by members of the public.
a route operator in terms of section 26; and a site operator in terms of subsection (4).
Only a juristic person may be licensed to own and operate morethan five limited payout as an independent site operator.
18 (1)Everygamblingmachine is a prescribed gamblingdevice, which must be registered, and certified in accordance with this Act.
The Minister. by regulation made in accordance with section84, may prescribe the categories of other gambling devices that must be registered in accordance with this Act.
19 (1) A manufacturer must keep a record, in the manner and form required by or in terms of provinciallegislation, of every prescribed gambling devicethat the manufacturer acquires, manufactures, sells or otherwise distributes.
A manufacturer of a gambling machine manufactured in, or imported into, the Republic must permanently affix an identification badge to the exterior of that machine.
ai include the name of the manufacturer or importer, a unique serial number, and the date of manufacture or importation; and be affixed in a location on the machine that allows it to be easily read after installation.
A person must not remove, alter, disfigure, obscure or destroy an identification badge affixed to a gambling machine in terms of this section.
bj the device is registered to the holder of an appropriate licence.
A contravention of subsection (l), (2),(3) or (4) is an offence.
ai establish and maintain, in the prescribed manner and form.
(ii)any other person who has leased that device, or to whom registered possession of the device has been transferred; and must provide the information in its registry under this section to the board in the prescribed manner and form.
If a gambling machine is networked with other machines or systems of machines, eachmachine in that network is deemed to be a separategambling machine for the purpose of this Act.
The Board must establish and maintain, in the prescribed manner and form, a registry of all data collectedbythe several provincial licensingauthorities, and communicated to it in terms of this section.
attach to that device a labelinthe prescribed form, bearing the unique registration number for that device, as assigned by a provincial licensing authority: and notify the provincial licensing authority in the prescribed manner and form, identifying the device that bears that registration number.
A person must not remove, alter, disfigure, obscure or destroy aregistration number attached to a prescribed gambling device.
The person who attaches, or causes to be attached, a registrationnumber in accordance with subsection (l),is deemed to be the registered owner of that device, subject to any transfer of registered ownership in terms of this Part.
22 (1) A person who proposes to transfer registeredownership of a prescribed gambling device to another person must apply to a provincial licensing authority in the prescribedmannerand form for a certificate of authorization to transfer registered ownership of that device.
Subject to subsection (3) and (4), a personwhoproposes to lease, or transfer possession of, a prescribed gambling device to another person must applyto a provincial licensing authority in the prescribed manner and form for a certificate of authorization to lease or transfer possession of that device.
is not required to apply for a certificate of authorization in terms of this section, but must notify the licensing authority who approved the leaseor transfer of possession that the device has been re-possessed.
performing essential maintenance work on, or repairing, the device.
ib for a transfer to a person who has a national licence, must be made to the provincial licensing authority of the province in which the proposed transferee intends to locate or use that device.
is otherwise authorised to possess that category of device, in terms of a provincial licence, or applicable provincial legislation.
approved a lease or a transfer of registered ownership, or possession, of a prescribed gambling device; or been notified of the repossession of a device by a registered owner.
23 (1) A contravention or failure to complywith section 21 (1), (2), (4), or section 22 (I), (2),or (3)(b)is an offence.
dj is able to conduct tests and analysis in an objective and impartial manner; and satisfies any other set out in this Act.
jd if thedevicecomplies with the applicable standard, issuealetter of certification in respect of the device..
(2)A contravention of this section is a breach of licence. subject to administrative sanctions in terms of this Act. or applicable provincial legislation.
Ciii at any one site.
(vii)minimuminformation tobe provided by licensees concerning the sourcing, distribution. movements, conversions and disposal of limited payout machines.
Provincial licensing authorities, when establishing evaluation criteria for granting licences with respect to the use of limited payout machines, must endeavour to promote wide geographic spread of site operators and independent site operators.
if applicable, to ensure that this form of entertainment is accessible to a wide range of the population.
distribute a limitedpayoutmachine to a siteoperator or independent site operator, or allow such a machine to be made available for play, unless that machine has been registered in accordance with this Part; or movealimitedpayoutmachine fromone site to another withouttheprior approval of. and subject to monitoring and control by, the provincial licensing authority that registered that machine.
more limited payout machines than the maximum number for which the operator is licensed; or more limited payout machinesthantherelevantsite is licensed to accommodate.
must maintain the limited payout machines owned and operated by that route operator; and must collect money from those machines and pay any applicable provincial taxes or levies in respect of those machines.
(5J Acontravention of subsection (3)or (4) is an offence.
The Minister, in consultation with the Council, and by regulation made in accordance with section 84.
(5)A contravention of subsection (4) is a breach of licence, subject to administrative sanctions in terms of this Act or the applicable legislation.
valid (a) national employment licence; or ib) provincial employment licence issued by the provincial licensing authority in the province in which the person proposes to work.
(3)An employer of a person who is licensed as required by this section must disclose to the applicable licensing authority within the prescribed time, any prescribed information that concerns a licensed employee or agent of the employer.
A of this is an offence.
29 (1) A licensing authority may not license a person in terms of this Part if that person falls within any of the enumerated disqualifications set out in section 53 (1).
(7)A licence granted. and the licence certificate issued. to a person in terms of this section is not transferable to another person.
30 The Minister, by regulation made in accordance with section 84, may determine any specific category of work to be subject to the requirements of section 28.
impose on licensees administrative sanctions in accordance with this Act or legislation;provincialapplicable and issue offence notices in respect of offences in terms of this Act or applicable provincial legislation.
monitor the functions of each gamblingmachine that is required tobe connected to a central electronic monitoring system in terms of section 27.; and ensurecompliancewith, conductinvestigations, and issue offence notices under the FinancialIntelligenceCentreActin so far as it applies to the gambling industry.
that each prescribed gambling device being used, or made available for use, by a licensee is registered and certified in terms of this Act; and complete and timely collection and remittance of taxes, levies and fees.
in or on which any activity takes place that is permitted in terms of -/ai a provinciallicenceissued licensing by that authority: (bb)applicable provincial law, without being licensed; or (cci a national licence.
a national licence. to the extent that the licensee is operating within that province.
premises.
ii) provincial licence issued by that licensing authority; or nationallicence, -(aa)for a cause arising within that province; or (bb)otherwise, as set out in section 45(l)ja) and (b).
33 In accordance with this Act, and subjectto the direction of the Council as provided for in Chapter 4. the Board may exercise the powers and perform the functions assigned to it in this Act.
conduct oversight evaluations of the performance of provincial licensing authorities, in the manner provided for in section 35, to the extent required to ensure that the national normsandstandardsestablished by this Actare applied uniformly and consistently within the Republic; and assist provincial licensingauthorities toenswe that unlicensed gLvbling activities are detected, in the manner provided for in section 63 (2) and (3).
35 (1) The Board must ensure that its functions, and those of the Chief Executive Officer. set out in this section are, in so far a possible, exercised in a manner consistent with the requirements of section 41(l)(e), (8) and jh) of the Constitution.
The Board may direct the ChiefExecutive Officer to carryout an oversight evaluation of the exercise by a provincial licensing authority of its responsibilities and function in terms of this .4ct.
a direction ziven by the Board; and generally, the scope and methodology of the proposed evaluation.
(5)If, as a result of an evaluation conducted in terms of subsection Q), the Chief Executi1.
ai may issue a deficiency repor to the provincial licensing authority setting out any matters in 1-espect of which the authority has faiied to comply with any provision of this Act: and ibi must at the same time invite the provincial licensing authority to propose a basisfor an azreement in terms of which it would bring the exercise of its functions into compliance with all applicable provisions of this 4ct?
If an agreement is reached between the provincial licensing authority and the Board. as contemplated in subsection (5)ib).the Chief Executive Officer must monitor progress achieved in terms of the agreement.
report to the Board at prescribed on that progress: and intervals issue a furiher deficiency report. and invitation. as contemplated in subsection (5).if the provincial licensing authority significantly fails to meet any of its commitments in terms of the a, ureernent.
(7)A provincial licensing authority may request the Board to set aside all or part of a deficiency report issued by the Chief Executive Officer in terms of subsection (5) or (6).
If a provincial licensing authority does not respond to a deficiency report issued by the Chief Executive Officer in terms of subsection (5) or (6), or if the provincial licensingauthority and the Board fail to reach an agreement contemplated in either subsection, or if the provincial licensing authority is persistently in default in terms of such an agreement, the Board may refer the matter to the Council for consideration in terms of section 66(2)(cJ.
A register of each person who is known tc hold more than 5% of the total financial interest.
dl A register of each prescribed gambling device registered by it.
Each provincial licensing authority must report to the Board, at the prescribed intervals, the information kept by that licensing authority in terms of subsection (I).
(3)The Board must make available to a provincial licensing authority, upon request, any information reported to the Board in terms of subsection (2).
(4)A regulatory authority must, on request from another regulatory authority, provide a copy of all prescri'oed infcrmation in its possession concerning a licensee, re,' elstrant or applicant for a license.
The Minister. by regulation in accordance withsection 84, mayprescribethe timing, manner and form, and content of information to be provided in terms of this section.
37 (I) As contemplated in section 41(2) of the Constitution, the Council may facilitate the settlement of any dispute between the Board, and one or more provincial licensing authorities. ccncerning the functions to be performed by them relatingto casinos, racing, gambling and wagering.
3s (1) After consulting the Council, and following the other procedures set out in section 84.
the control and restriction of bingo or any similar game.
the nature and manner of the auditing of the businesses of licensees and the documents and records which they must keep and submit to the relevant licensing authority; and the types, minimum standards and qualities of gambling equipment that may be used by any licensee.
conditions that may be attached to a licence, in terms of section 50(3);and conditions and requirements for the transfer of a licence, or an interest in a licence.
The Minister, in accordance with section 84, may make regulations in respect of the exercise by the Board of its monitoring, investigative and evaluation functions in terms of sections 34 and 35.
39 (1) A national licence issued in terms of this Act is valid throughout the Republic and authorizes the licensee to conduct, engage in, or make availablethelicensed acti\.ities at any place within the Republic.
this .4ct: and the Financial Intelligence Centre Act; and ic applicable pro~~incial lezislation within any province in which the licensee conducts. en, nazes in. or makes available the licensed activities.
to operate as a Horse Racing Authority; or ic to develop. operate and maintain, on behalf of the Board, a national electronic monitoring system as contemplated in section 27.
a licence as a manufacturer, supplier or maintenance provider; or ib to work within the gambling industry.
The applicant's principle place of business is or will be located, in any other case.
41 Aprovincial licensing authority may issue a national licence to an applicant who meets the requirements of this Act.
conduct the investigations prescribed by thisAct with respect to probity, matters: and conduct any prescribed hearings or otherproceedingswithrespect to the application.
(3)A provincial licensing authority that has received a notice in terms of subsection (2)(b)may request the Chief Executive Officer to conduct an oversight evaluation. as contemplated in section 44.
43 An applicant who has been refused a licence in terms of section 42(2)(ajmay request a review of that decisjon by the High Court.
must direct an inspector to conduct an oversight evaluation of the application, authority, if two or more provincial licensing authorities have so requested in terms of section 42(3); or in any other case, may direct an inspector to conduct such an oversight evaluation, if there are a reasonable grounds to believe that the requirements of this Act have not been satisfied.
(2)If direction is given for an oversight evaluation. the Chief Executive Officer must issue a notice of intent to evaluate the proposed licence. in the prescribed form.
ii requesting the provincial licensing authority to consider the application afresh: and setting out any matters in respect of which the authority failed to comply with national norms and standards for consideration of the application.
has not issued a notice of intent to evaluate, or a notice in terms of subsection (2). within 20 business days after receiving notice of the proposed licence; or issues a notice in terms of subsection (2)(a).
issue the licence withthealteredconditions as requested by the Chief Executive Officer; or request the Board to set aside the request of the Chief Executive Officer, and permitissuance saf the as initially proposed.
bj request the Boardto set aside the deficiency report, and permit the issuance of licence the as initially proposed.
set aside all or part of the request, or the deficiency report; or permit the issuance of the with conditions.
45 (1)A provincial licensing authority, with the prior concurrence of the Board, may suspend or revoke a national licence, as if that licence were a provincial licence issued by that licensing authority.
A provincial licensing authority must immediately advise each other provincial licensing of a or revocation of a licence.
46 (1) When considering an application for a provincial licence, or a national I'lcence. a provincial licensing authority must comply with the licensing standards set out in this Act.
(2)It is a condition of every provincial licence that the licensee must comply with every applicable provision of this Act.
48 (1) Subject to subsection (2j, only a company registeredin terms of the Companies Act. 1973 (ActNO.61 of 1973), or a Close Corporation registered in terms ofthe Close Corporations Act. 1984 (Act No.
fi under any other catcgory of license, to the extent that applicable provincial legislation so requires.
amusement machines, subject to the requirements of subsection (2); and amusement games, subject to the requirements of subsection (3) and any regulations promulgated in terms of subsection (4).
An amusement machine must not be derived from, or converted from a gambling machine of the type ordinarily found in a casino.
be similar to. or derived from. a gambling game other than bingo; bj offer a cash prize, or a combination of a cash prize with any other prize; or offer a prize that exceeds theprescribed maximum value for such games.
(4)The Minister. by regulation made in accordance with section76, may prescribe the maximum value of the prize, and the type of prizes, that may be offered for an amusement game.
50 (1) A national licence 0.
the activities that the licencepermitsthelicensee to engage in, conduct or make available to the public; and otherthan an employment licence. the premises at, in or from which, the licensee is permitted to operate.
a permanent licence.
(dl subject to subsection (3), a special event licence, which permits the licensed activity on specified dates only, in a particularlocation, asset out in the licence.
A special event licence maynot be issued in respect of the operation of a casino or a gambling machine.
A provincial licensing authority issuing a national licence must issue a licence certificate in the prescribed form to the licensee.
the name or description of the specific premises in, on or from which the licensed activity may take place, unless it is an employment licence.
The Minister, by regulation made in accordance with section 84, may prescribe a maximum duration of no more than 20 years for a permanent licence, and for that purpose may prescribe different maximum durations for different categoriesof licence.
51 (1) Whenconsidering an application foralicence, other than an employment licence. or when considering an application forthetransfer of an interest in such a licence.
provincial or within the Republic, in the case of a national licence.
For the purpose of'sutlsection (1) -(trj "Market power" has; he meaning bet out in section 1 of the Competition Act. 1998 (Act NO.
ib) "public interest reasons" include the reasons set out in section 12A (3) of the Competition1998 (A4ctNo.
who has direct or indirect control over the applicant.
who is direcrly or indirectly controlled by a personreferred to in sub-paragraphs (i) or (ii).
information the ownership of the premises proposed to be used for the licensed activities, and the relationship between the applicant and the owner of those premises.
A licensing authority-.
the proposed activity would be inconsistent with this Act or applicable provincial legislation; or the use of the proposedpremises for the proposed activitywouldbe contrary to existing zoning laws or rights; and may refuse to issue: a licence if the provincial licensing authority considers that the proposed: site is an unsuitable location for the proposed activity, having regard to thj s Act, and applicable provincial legislation.
is disqualified from holding an interest in a licence, licensee, licensed premises, or the business to which a licence relates, in terms of section 53(1). or applicable provincial legislation; or may hold only a restricted interest in a licence, licensee, licensed premises, or the business to which a licence relates, in terms of section 53(2),or applicable provincial legislation.
a family member of a person who is a member of that licensing authority; or disqualified from holding an interest in a licence, licensee, or the business to which a licence relates, in terms of section 53(1).
is the actual or beneficial owner of the premises used for the licensed activity, or a manager of the business concerned, the licensing authority may impose reasonableconditions on the continuation of the licence with the object of ensuring continuing compliance with the principles of this section.
(6)A person who acquires. [or proposes to acquire or transfer,] more than 5% of the total financial interest in a licence, licensee, or the business to which a licence relates mu.si applb- to the rele\-a!~t provincial licensing authority fcr consent to that acquisition 01 transfer.
A provincial licensing authority must not consent to the transfer of an interest in a licence, licensee, or the business to which a licence relates if, after conducting the prescribed investigations.
a person who is disqualified, in terms of section 53(1) or relevant provincial legislation. would directly or indirectly hold more than 5% of the total financial interest in rhe licensee or the business to which the licence relates: or a person would hold a greater interest in that licence, licensee, or the business to which a licence relates than pernlitted in terms of section 53(2)or relevant provincial legislation.
has been convicted in theRepublic or elsewhere of theft, fraud, forgery or utteringaforgeddocument, perjury, an offence undertheCorruptionAct, 1992 (Act No 94.
is not a fit and proper person to be involved in the business concerned; or is a political office bearer.
apublic servant; or age the (c) under of 18: years.
If a person mentioned in section 52(4), or a person who holds an interest in a licence, licensee or the busines:; to which a licence relates, becomes disqualified in terms of subsection (1) after the licexe was issued, that person must dispose of that interest within areasonableperiod 0-f not morethan 3 years, determinedbythelicensing authority after considering circumstances.
54 (I) In this section-- (ai "financial interest" does not include the right to asses5 or collect a tax. levy or fee: and (bj "public body" means the state. an organ of state, or any organisation in which the state has a financial interest.
ai gambling licence. gambling activity or premises used for a gambling activity: or person who directly or indirectly. holds a gamblinglicence, operatesa gambling activity. or owns or occupies premises used for a gambling activity.
in the proxim.ity of premises used for a gambling activity; or intended to provide socio-economic, infrastructure. or othersupport necessary for, or ancillary to, such premises or gambling activities: or directly or indirectly hold an interest created or acquiredin the course of giving effect to an acceptable arrangement contemplated in paragraph bj.
it is an arms-length commercial transaction; and any payment in tenns of the arrangement to the public body is not directly or indirectly determined by reference to the turnover of, or profit from, the gambling activity.
(5)An arrangement referred to in subsection(3)(b)or (c)is acceptable if any payment in terms of the arrangement to the public body is not directly or indirectly determined by reference to the turnover of, or profit from, the gambling activity.
55 (I) Whenconsidering an applicationforalicence, an application for an employment licence, or a request to transfer an interest in a licence, licensee, licensed premises.
the National Director of Public Prosecutions; or Service.
(2)A report requested in lerms of subsection (l), mayincludeparticulars of any convictions recordedagainst a person, to the extent that those particulars are relevant for the purpose of determining whether that person is disqualified from holding an interest in a licence. licensee. licensed premises, or the business to which a licence relates, in terms of this Act or applicable provincial legislation.
57 (1) A licensee may surender a license by written notice given to the provincial licensing authority that issued the license.
3 months after the notice is given, or on a date stated in 1:he notice.
58 (1) The National Gambling Policy Council is hereby established.
the Minister; and iii from each province.
The Minister is the Chairperson of the Council.
f other matters that mzy be referred to it by a member of the Council.
may refer any matterwithin its authority to the Board or any provincial licensing authority.
may make a finding that a provincial licensing authority has failed to comply with this Act. and if it does so. may direct that provincial licensing authority to enter into an agr'5ement with the Board respecting the steps to be taken by the provincial licensing authority to bring its procedures into compliance with this Act.
60 (1) The Minister may convene a meeting of the Council at any time, but must convene at least two meeting:; in each financial year.
(2)The Minister may designate any meeting of the Council to be a meeting of all members. or only of regular members, but must designate at least one meeting in each financial year to be a meeting of all members.
(3)At a meeting of the Council to whichsupplementarymembers are called a supplementary member may be represented by an alternate, chosen by that supplemen- tary member from among the other board members of the applicableregulatory authority.
(4)As a body through which the national and provincial spheres of government seek to co-operate with one another in mutual trust and in good faith, theCouncilmust attempt to reach its decisions by consensus.
(5)If the Council is unable: oreach a consensual decision in any matter before it, the Council may the matter by formal on a motion.
bj at least 5 of the other regular members of the Council.
Subject to subsection (2) through (6), the Council may establish Rules of its for Procedure own proceedings.
61 (1j The National Gambling Board, as established by the National Gambling Act, 1996 (Act No. 33 of 1996) is continued under this Act, subject to Item 4 of Schedule 1.
The Board is a juristic person.
bJ advise the Councj.1 on matters of national policyrelating to casinos. racing.
dl monitorsocio-economicpatterns of gambling activity within the Republic, and in particular identify factors relating to, and patterns, causes, and consequences of.
(f, monitor market share and market conduct in the gambling industry and refer any concerns regarding market share or possible prohibited practices to the Competition Commission, in terms of the Competition Act, 1998 (Act 89 of 1998).
The Board may liaise with any foreign or international authoritieshaving any objects similar to the objects of the Board.
must comply with directions issued to it by the Council relating to casinos, racing.
may have regard to international developments in the field of casinos, racing, gambling and wagering; and may consult any person, organisation or institution with regard to any matter deemed necessary by the Board.
(i)engage with that authority in staff exchanges orsecondments;or provide technical assistance or expertise to that authority.
At the request of the applicable provincial legislature, Executive Council member of the executive Council or provincial licensing authority, the Board may engage with that authority in co-operative activities to detect and suppress illegal gambling activities if there arereasonablegrounds to believethoseactivitiesmay beoccurring across provincial boundaries.
across provincial boundaries; or entirely within a particularprovince, if, in the opinion of the Council, the provincial licensing authority is unable to suppress that activity on its own.
The Board may liaise wth prcvincial licensing authorities on matters of common interest.
5j The Board may request any provincial licensing authority to submit any report or information related to the activities of that licensing authority to the Board.
the following members.
Minister of Safety and Security; and to serve until substituted by the ministerwho designated the member.
the person does not have any interests referred to in subsection (3)(b).
Corruption Act, 1992 (Act No. 94 of 1992), an offence under Chapter 2 or 3 of the Prevention of Organised Crime Act, 1998 (Act 121of 1998), an offence dishonesty; or has been convicted of any other offence committed after the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), took effect, and sentenced to imprisonment without the optionof a fine.
The Chief Executive Oflicer is an ex officio member of the Board, but may not vote at meetings of the Board.
indirect interest held in the in that form of units of a unit trust if the person contemplated subsection has no control over the investment decisions of that Unit but.
65 (1j A member of the Hoard must promptly inform the Minister in writing after acquiring an interest that is. or is likely to become, an interest contemplated in section 64(4)(b).
make private use of, or profit from, any confidential information obtained as a result of perfomng that person's functions as a member of the Board; or divulge any information referred to in paragraph(d)to any third party, except as required as part of that person's official functions as a member of the Board.
A disclosure by a member in terms of subsection (3)(a),and the decision by the Board in terms of subsection (3)(b), must be expressly recorded in the minutes of the meeting at which the disclosure is made.
less than one month written notice, with the concurrence of the Minister.
Before removing a person from office in terms of subsection (2),the Minister must afford the person an opportunity tostateacaseindefence of their position.
Upon the expiryof an appointed member's first term of office, the member may be re-appointed to a further term, subject to section 64.
(5)A person may not be appointed to serve for more than two terms asa member of the Board.
67 (1)The chairperson may determine the date, time and place for the first meeting of the Board, and the chairperson in consultation with the Board may determine the date, time and place for each subsequent meeting.
The chirperson in 'consultation with the Boardmay determine procedure at meetings of the Board, after due consideration of the principles of openness and transparency.
(3)A majority of the members of the Board is a quorum for a meeting of the Board.
(4)The Board must attempt to reach its decisions by consensus.
(5)If the Board is unable to reach a consensual decision in any matter before it, the Board may resolve the matter by simple majority vote on a motion.
Subject to subsection (4) and (5), the Board may establish rules for its own proceedings.
(7)A decision taken at a meeting of the Board, or an act performed under the authority of such a decision, is valid despite -la) a vacancy on the Board at the time the decision was taken, or jb) the fact thata person who was not a member sat asa member at the time when the decision was taken.
68 (1) The Board may frorn time to time appoint one or more committees to perform any functions and exercise any powers delegated to it by the Board.
A committee may comprise only persons who are members of the Board, except to the extent required to comply with the Public Finance Management Act, 1999 (Act No. 1 of 1999).
must designate which member will chair the committee; and may issue directives to the committee, but any such directives mustbe consistent with this Act.
A decision of a committee taken in the performance or exercise of a function or power delegated to it, isa decision of the Board, subject to ratification by the Board.
69 (1)The Minister, with the concurrence of the Minister of Finance, may determine the remuneration and allowances of any member of the Board, or of a committee, who is not in the full-time service of the State.
(2j The remuneration and allowances of the persons referred to in subsection (1) may differ according to the different offices held by them or the different functions performed by them.
experienced persor.
Section64(3) and (4), andsection 65.
The Board, in consultation with the Minister, may determine the remuneration, allowances. employment benefits and other terms and conditions of appointment of a person appointed in terms of subsection (1).
Subject to the provisions of the Public Finance Management Act, 1999 (Act No. 1of 1999), the Board may delegate to any member of the staff any function or power that the Board may perform or exercise in terms of this Act, either generally or specially.
(ci income derived by the Board fromitsinvestmentanddeposit of surplus money in terms of subsection (6); and other money accruing to the Board from any source.
Minister a statement of the Board's estimated income and expenditure, and requested appropriation from Parliament, in respect of the next ensuing financial year.
(5)Cheques drawn on the account of the Board must be signed on its behalf by two persons authorised for that purpose by resolution of the Board.
in an investment account with the Corporation for Public Deposits established in terms of section 2: of the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984).
account for State and other money received or paid for or on account of the Board; and causethenecessaryaccounting and related records to be kept, in accordance with the Public Finance Management Act, 1999 (ActNo. 1 of 1999).
The Board must report to the Minister at least once every year on its activities.
transmit a copy of the report to the Premier of each Province; and table it in Parliament.
that the inspector has been appointed under this Act; and any limitation on the authority of that inspector.
An inspector performing a function under this Act must show their certificate of appointment to any affected person who demands it.
For the purposes this Act or any other national or provincial legislation or any regulations promulgated under such legislation in respect of gambling and associated activities, an inspector is deemed to have been appointed a peace officer for purposes of sections 40,41,44,45,46,47.48,49 and 50 of the Criminal Procedure Act, 1977 (Act 51 of 1977).
74 (1) An inspector may attendat the offices of any provincial licensing authority for the purpose of carrying out any activity contemplated in section34 or 35.
seize and remove from those premises, and impound, -(aa)any such equipment or supplies for the purposes of examination and inspection; or ibb) any book.
Whenperformingafunction in terms of subsection (2), aninspectormaybe accompanied and assisted by an assistant, interpreter or a police officer.
An inspector may request and receive information, materials and any other data from any licensee, or applicant fora licence or registration under this Act, subjectto the provisions of the Promotionof Access to Information Act.
in carrying out any function in terms of this Act; or as a result of making anapplication, orparticipating in any proceedings in terms of this Act.
76 It is an offence to hinder, oppose, obstruct or unduly influence any person who is exercising a power or performing a duty delegated, conferred or imposed on that person by this Act.
subject to subsection(2),fails to answer any question fully and to the best of that person's ability: or givesfalseevidence, or believing to be knowing it false.
A person questioned by, an inspector in terms of this Act is not obliged to answer any question if the answer is self-incriminating.
No self-incriminating answer given or statement made to a person exercising any power in terms of this Act is admissible, as evidence against the person who gave the answerormadethestatement, inany criminalproceedings, except in criminal proceedings for perjury orin which that person is tried for a an offence contemplated in this section, and then onlyto the extent that the answeror statement is relevant to prove the offence charged.
fi refuses or fails to comply to the best of their ability with any request of an inspector under section 74.
79 (1) If a person appears to have committed an offence under this Act in circumstances that are also a substantially similar offence under applicable provincial legislation, the relevant provincial licensing authority may prosecute that person for the offence under this Act, or tlhe substantially similar offence under the applicable provincial legislation, but not both.
The commission of an offence under this Act by a licensee is a breach of a condition of the licence.
80 (1) Any person convicted of an offence in terms of this Act, is liable toa fine not exceeding R 500 000,or to imprisonment for a period not exceeding 10years, or to both a fine and imprisonment.
An administrative penalty for breach of condition of a national licence may not exceed.
81 Despite anything to the contrary contained in any other law, a Magistrate's Court has jurisdiction to impose any penalty for an offence in terms of this Act.
83 I j In any criminal proceedings in terms of this Act, if it is proved that a false statement, entry or record or false information appears in or on a book, document, plan, drawing or computer storage medium, in the absence of evidence to the contrary, the person who kept that item may be presumed to have made the statement, entry, record or information.
A statement, entry or record, or information, in or on any book, document, plan, drawing or computer storage medium is admissible in evidence as an admission of the facts in or on it by the person who appears to have made, entered, recorded or stored it unless there is evidence to the contrary that the person did not make, enter, record or store it.
(ii)thedetermination of norms and standards thatwillapplygenerally throughout the Republic relating to any matter in terms of this Act.
(i)consult the Council, and publish the proposed regulations for comment; and may the Board and provincial authorities.
the Gambling 1996 No.
National Act, (Act the Gambling Matters Amendment Act, 1999 (Act No. 36 of 1999); and the National Gambling Amendment Act, 1999 (Act No. 39 of 1999).
section 19 of the National Gambling Act, 1996 (Act No.
section 2 of the Gambling MattersAmendmentAct,1999(Act No. 36 of 1999) survives as if that section were a provision of this Act.
The repeal of the laws specified in this section does not affect the transitional arrangements, which are set out in Schedule 1.
86 (1) This Act is called the National Gambling Act, 2003, and comes into operation on a date fixed by the President by proclamation in the Gazette.
The President may set dl.fferent dates for different provisions of this Act to come into operation.
(3)Unless the context otherwise indicates. a reference in a section of this Act to a time when this Act came into operation must be construed as a reference to the time when that section came into operation.
1 (1) In this Schedule -"effective date" means the date on which this Act, or any relevant provision of it, came into operation in terms of section 36. "previous Act" means the National Gambling Act, 1996 (Act No. 33 of 1996).
the previous Act, if the number is followed by the words "of the previous Act"; or this Act, in any other case.
to an item or a sub-item by number is a reference to the corresponding item or sub-item of this Schedule.
2 (1) Despite the repeal of the previous Act, Regulation No.
Regulations 4, 8, 10. 11, 12, 16, 28, 29, 39, 40, 41(1), 42, 62, 63 and 64 are repealed.
A licence that had been issued in terms of applicable provincial legislation by a provincial licensing authority for an indefinite term, and inforce immediately before the effective date, has a duration, as from the effective date, of the period determined by regulation for that category of licence.
Any other right or entitlement enjoyed by, or obligation imposed on, any person in terms of any provision of the previousAct, that had notbeen spent or fulfilled immediatelybeforethe effec1:ive date mustbeconsidered to bea valid right or entitlementof, or obligation imposed on, that person in terms of any comparable provision of this Act, as from th.edate that the right, entitlement or obligation first arose, subject to the provisions of this Act.
A notice given by any person to another person in terms of any provision of the previous Act must be considered as notice given in terms of any comparable provision of this Act. as from the date that the notice was given under the previous Act.
(5)A document that, before the effective date, had been served in accordance with the previous Act must be regarded as having been satisfactorily served for the purposes of this Act.
An order given by an insFlector, in terms of any provision of the previous Act, and in effect immediately before -the effective date, continues in effect, subject to the provisions of this Act.
inthecase of an entity referred to in sub-item (2)(a),only after a date determined by the Minister by notice in the Gazette; or upon the coming into force of this Act, in any other case.
any company orcorporationintowhichany of those entities listed in paragraphs (i) -(iii) may have been converted; or any organ OF state or organization with which the state is concerned to which an entity referred to in paragraphs (i) -(iv) has transferred an interest in gambling activity; and anylegaldisabilitysuch as provisionaljudicialmanagement, judicial management or any formof winding-up as provided for in the Companies Act, 1973 (Act No. 61 of 1973), or in any other law, of any entity contemplated in paragraph (a).
4 (1) A person who was a member of the Board immediately before the effective date ceases to be a member of the Board upon the coming into operation of this Act, unless that person is entitled to be a memberof the Board in terms of section 64 of this Act.
Apersonwhoheld an appointmentas an inspector underthepreviousAct immediately before the effective date is an inspector in terms of this Act as of the effective date, subject to further direction of the Board.
(3)Aninspector'scertificateissuedinterms of thepreviousAct and valid immediately before the e:f€ective date, continuestobevalidas a certificate of appointment as an inspector, as if it had been issued in terms of this Act, until it expires or is cancelled by the Board.
5 (1) A person who, immediately before the effective date, held a licence of a type that, in termsof this Act, is required to be issued as a national licence, may apply to the provincial licensing authority that issued the licence for conversion of that licence, and the provincial licensing authority must issue a national licence in substitution for the former licence, on substantially similar terms and conditions.
Chapter 1 seis out the definitions and application provisions. Chapter 2, Part Aintroduces a number of new provisions, whichestablishwhat activities are gambling activities and thus fall within the ambit of the Bill, what activities constitute bets and wagers, and what activities constitute gambling games. Although the formulations in Part A are new, the provisions continuethepolicy of the National Gambling Act, 1996, which includeda complex series of definitions to achieve a similar effect.
Part B of Chapter 2 introduces new provisions, which give effect to a new policy of making unlicensed gambling activities unlawful on a uniform basis nationally. Section 7 goes beyond that, to introduce for the first time a prohibition against gambling on contingencies that are related to unlawful act or events. Section 11 prohibits interactive gaming, i.e. gambling over the internet, exceptas authorised in terms of this Act or other legislation. No such legislation presently exists in the Republic, and this Bill does not include any such provisions. Department of Trade and Industry anticipates preparing such legislation in consultation with the National Gambling Board and the provincial regulatory bodies, once all regdators have had sufficient time to properly studythe policy issues and precedents i'or regulation. Section15advances the policy of the National Gambling Act, 1996 on the matter of enforceability of gambling debts. Under the existing Act, such a debt is legally enforceable if it is incurred in the course of a gambling activity regulated by, and not in conflict with, any law. Section 15will change that so that any debt incurred inthecourse of licensed gamblingwillbelegally enforceable, debts incurred in the course of lawful gambling that does not have to be licensed, will be legally enforceable to the extent that common law or other legislation provides, and debt incurred in the course of unlawful gambling will not be enforceable at all.
Part C of Chapter 2 concerns policy respecting the regulation of gambling premises. The provisions of this part re-enact certain existing regulations promulgated under the National Gambling Act, 1996.
Part D of Chapter 2 concerns the registration, licensing and certification of gambling machines. Section 18 establishes a new national requirement for all manufacturers and importers of gambling machines and devices to keep registered records of the devices that they acquire, manufacture, :;ell or distribute, and to affix a unique registration badge to eachdevice. This system will allow life-time tracking of gamblingdevices, reinforcing efforts of the National Gambling Board andthe provincial regulatory bodies to detect unlawful gambling.
The additional sections of this Part establish national norms and standards for the calibration and certification of gambling devices. Section 26 re-enacts certain existing regulations promulgated under the National Gambling Act, 1996. Section27 imposes on the National Gambling Board responsibility to establish a national electronic monitoring system to record significant information relating to the use of limited payout gambling machines.
Part E of Chapter 2 establishes national norms and standards relatingto the licensing of employees within the gambling industry.
standards concerning provincial licenses.
Section 50 introduces a new requirement that all licences be for a fixed term of years.
The Minister may prescribe different terms for different categories of licence, but no term can of existing exceed20 years. Transitional provisions stipulate that the fixed term licences starts to run only when the Bill comes into effect. Part E of Chapter 3 establishes, or re-enacts certainexisting, nationalnormsand standards concerning license investigations, decisions and surrender of licenses. Chapter 4 establishes the new National Gambling Policy Council, and continues the existing National Gambling Board, although with a changed composition.
Board, and the Chairpersons of the several provincial licensing bodies.
The National Gambling Board will no longer include Chairpersons of the several provincial licensing bodies, because the Board no longer has a policy consideration corporate requirements are unchanged from the National Gambling Act 1996, although the provisions have been changed to reflect the introduction of over-arching national legislation such as the Public: Finance Management Act, 1999.
concerning enforcement, re-enacts provisions concerning the inspectorsto be appointed by the National Gambling Board, and establishes various offences under the Act.
transition from the regime under the National Gambling Act, 1996, and repeals that Act and 2 subsequent Acts that amended the National Gambling Act, 1996.
Consultation on the Bill amend the National Gambling Act, 1996. With that intent, several drafts were prepared, leading up to a discussion draft, dated 16 January 2001. It was circulated by DTI for discussion to MINMEC and to the National Gambling Board, among others. As a result incorporated into a working document, in the form of a draft Bill.
DTI convened a consultative review for technical purposes with legal advisors from the various provincial administrations late in May 2001, to review and comment on the working document. Following that review, and afterreceivingdirections from the Minister, DTI directed the development of a number of successiveworkingdrafts, culminating in a Draft Amendment Bill in late 2001.
between the national and provincial spheres of government.
Through the process of successive re-drafting, it became apparent that the changes that were required far exceeded the normal scope of an amendment bill, and that it wouldbe difficult to honour theMinister'srequest for a clearer, more rationally organised, Actwithoutstarting out afresh. Followingadiscussion of the merits of repealing and replacing the existing Act, (and having heardan appeal from members of the relevant parliamentary committee requesting fewer wholesale amendment bills), officials of DTI gave instructions forthepreparation of a complete new Bill, incorporating the surviving provisions of the existing Act, together withall new matters on which previous instructions had been given.
Between December 2001 and July, 2002, six drafts of this Bill were prepared and circulated to the National GamblingBoard and provincial licensingauthorities. Consultations were held with legal advisors from the same bodies in May, 2001, July 2002, and August 2002.
The 7th draft of the Bill, dated 10August 2002, reflected discussions with provincial gambling board legaladvisors held at Boksburg on22 July2002,subsequent discussions with officials of the NGB, and directions from officials of DTI, up to 26 July, 2002 as well as written comments received from provincial gamblingboard legal advisors and discussions held at Cape Town on 7 August, 2002.
Following receipt of comments in response to Draft 7, an 8th draft was circulated in early December, 2002, again inviting PLA and NGB submissions.
The 9th draft reflects the drafter's further refinements, based on responses to Draft 8, and this Draft reflects the final instructions given by DTI in response to comments received after the release of Draft 9.
<fn>GOV-ZA.25155En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.25156En.2012-02-10.en.txt</fn>
DEPARTMENT OF LABOUR No.
SKILLS DEVELOPMENT ACT, 1998 (ActNo.
NOTICE OF AMENDMENT OF THE SKILLS DEVELOPMENT BILL, 2003 of Labour, after consulting with Cabinet, hereby publish for public comment, proposed amendments to the Skills Development Act,1998 (ActNo. 97 of 1998).
To amend the Skills Development Act, 1999; to require SETAs to conclude service level agreements with the Director-General; to amend the powers of the Minister in relation to SETAs; to clarify the obligations of SETAs in respect of financial management; to further regulate private employment service agencies; to allow the Minister to establish and promote a standard for people development; to provide for the financing of the National Skills Fund; and to provide for matters connected therewith.
Amendment to section 1of Act 97 of 1998 1.
(e)procuringfororproviding to aclientotherpersons to render servicesto. or perform work for the client.
Amendment to section 5 of Act 97 of 1998 2.
to report to the Minister in the prescribed manner on the progress made in the implementationof the national skills development strategy; to conduct investigationson any matter arising outof the applicationof to exercise any other powers and perform any other duties conferred or imposed on the Authority by this Act.
Amendment to section 6 of Act 97 of 1998 3.
Amendment to section 9 of Act 97 of 1998 4.
notice in the Gazette varying the sector of a SETA.
Insertion of section 9A of Act 97 of 1998 5.
9A Amalgamation and dissolution of SETAs comuliance section amalgamate two or more SET&.
The Minister must approve a constitution for the amalgamated SETA.
any other matter necessary to establish the amalgamated SETA.
TheMinister.afterconsulting the National SkillsAuthority and the SETA concerned.may dissolve a SETA if the Minister is of the opinion that the SETA is unable to continue to perform its functions.
Notransferduty, stampduty.fee or costsarepayableinrespect of transfer of any assets, rights. liability or obligations between SETAs as contemplated in this section.
TheRegistrar of Deeds on presentation of proof of any transfer of immovable property contemplated in this section must endorse the title deeds accordingly and make the entries in the relevant register that are necessary to reFister the transfer.
Amendment to section 10 of Act 97 of 1998 6.
within a week ffom its establishment, apply to the South African Qualifications Authority for accreditationas a body contemplated in section 5 (1) (a) (ii) (bb)and must, within 18 months fom the date of that application, beso accredited?
Development Levies Act or consistent with the purposes of this Act.
Insertion of section 10A in Act 97 of 1998 7.
(c)anyassistancethattheDirector-General is to provide to the SETA to enable it to perform its functions.
(ii)thetimetable.number.format, contentsandinformation requirements of Plans and reports to be submitted to the Director-General.
Amendment to section 14 of Act 97 of 1998 9.
fund the performance of its hnctions; and pay for its administration within the prescribed limit.
J3A) In terms of subsection 3(b).
J3B) For the purposes of subsections (3) and (3A), the administration of a SETA includes any aspectof the administration or management of a SETA. irrespective of who performs it.
prepare annual budgets.
supply to the Director-Generalcopies of all budgets. reports and statements contemplated by paragraph(a) and any other information that they are required to submit in terms of the Public Finance Management Act.
Insertion of section 14A in Act 97 of 1998 10.
the SETA'S membership is not representative of the constituencies contemplated by section 11:or the SETA has not prmared and implemented an employment equity plan in accordance with the Employment Equity Act, 1998 (Act 55 of 1998).
the steps that the SETA is required to take and the period within which those steps mustbe taken.
At the request of a SETA.
revise the terms of the instruction.
,ritute disciulinary uroceedings for misconduct against any employee -f the SETA, the Minister may direct the SETA to institute disciplinary proceedings againstan employee.
Amendment to section 15 of Act 97 of 1998 11.
[In that notice the Minister] The Director-General must publish a notice in the Gazette appointing an administrator.
may suspend the operation of the constitution of the SETA; and maydirectthe [in the prescribed manner,] transfer of all or some of the funds in theSETA's bank account to the National Skills Fund.
"(4) The Ministermy issue a notice in termsof subsection (1, without consulting the National Skills Authority if the Minister is of the oDinion that there is financial mismanagement of the SETA and the delay caused by the consultation would be detrimental to the SETA's capacity to Perform its functions."
Amendment to section 17 of Act 97 of 1998 12.
prescribing the relationship between the employer and the agency contemplated in paragraph (a).
Amendment to section 19 of Act 97 of 1998 13.
a contract of employment of a learner contemlated by section 18(2).
" (7) For the purposes of section 210 of the Labour Relations Act, 1995(Act 66 of 1995). this section amends any contrary provision in that Act."
Amendment to section 20 of Act 97 of 1998 14.
complies with any [the prescribed] requirementsthat may be prescribed.
Amendment to title of Chapter 6 15.
Amendment to section 24 of Act 97 of 1998 16.
"(1) Any person who wishes to provide employment services for gain must apply for registration asprivate employment services agency to the Director-General in the prescribed manner."
by the insertion after subsection (4) of the following subsect.
"(5) TheDirector-General maywithdrawtheregistration of any private employment services agency that fails to co qdy with the Act or any prescribed requirements or criteria."
Amendment to section 25 of Act 97 of 1991 17.
Subject to this section, the llirector-General may cancel the registration of [an] _a privateemploymentservices agency if satisfiedthatthe criteria.
take those representations into account in reaching a decision.
Amendment to section 28 of Act 97 of 1998 18.
2) A maximum oftwo percent o.€the money allocated to the Fund in terms of section 8(3)(a) of the Skills Development LeviesActmaybeusedto administer the Fund.'
Amendment to section 30A of Act 97 of 1998 19.
one percent of its payroll with effect from 1 April 2000 may contribute fundsto a SETA.
Insertion of section 30B in Act 97 of 1998 20.
In order to achieve the pwses of the Act, the Minister by notice in the Gazette may establish a national standard to promote good practice in skills development.
The Minister may take such steps as are necessary to promote the national standard to promote good Dractice in skills development, including. but not limited to establishing an wency or contracting with an existing agencyto promote the national standard to promote good practice in skills development.
The Director-General may allocate hds fiom the National Skills Funds to fund any activity undertaken interms of this section.
Amendment to section 32 of Act 97 of 1998 21.
Amendment to section 33 of Act 97 of 1998 22.
Amendment to section 36 of Act 97of 1998 23.
The Ministermay, after consultation withthe National Skills Authority. by notice in the Gazette.
any matter listed in Schedule 3 to this Act; and any other matter which it is necessary or expedient to prescribe in order to achieve the purposes of this Act.
Amendment to item 4 of Schedule 2 to Act 97 of 1998 24.
in force as if thatActhadnotbeenrepealeduntil a date determined by the Minister by notice in the Gazette.
fc any function of the NationalTrainingBoardmust be performed by the National Skills Authority.
Insertion of new item 4A in Schedule 2 of Act 97 of 1998 25.
(4A) Despite any provision to the contrary in either this Act or the Mine Health and Safety Act, 1996 Act No 29 of 1996) a)theMiningOualificationsAuthorityestablishedinterms of section 413) of the Mine Health and Safety Act. 1996 is deemed to be established as SETA 16 with effect &om 20 March 2000; /b)Schedule 7 to theMineHealthandSafetyAct,1996 containingtheconstitution of theMiningQualifications Authority is deemed to contain with effect fiorn 20 March 2000 the constitution of the M&g Qualifications Authority approved bv the Minister in termsof section 9()1 of this Act; IC) the Chief Inspector of Mines is deemed to have been elected as thechairoftheMiningQualificationsAuthoritywith effect fkom 20 March 2000; /d) the Mining.
f, theMinister may. in consultation withtheMinister of Minerals and Energy. exercise any other power in terms of Chapter 3 of this Act in resDect of the MiningQualifications Authority.
Insertion of schedule 3 in the Skills Development Act 97 of 1998 26.
Amendment to section 45 of Act 29 of 1996 27.
Amendment to section 46 of Act 29 of 1996 28.
(0 performthefunctions of asectoreducationandtraining authority in terms of the Skills Development Act, 1998 (Act 97 of 1998).
its . accordancewiththeSkillsDevelopmentAct.
may do anything necessary to achieve its objectives.
Amendment to section97 of Act 29 of 1996 29.
2,3 and 7 and, subject to subsection(5), Schedule 4.
Amendment to section 3 of Act 63 of 2001 30.
<fn>GOV-ZA.2515En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2516En.2012-02-10.en.txt</fn>
There are few Fridays left before the long awaited 2010 FIFA World Cup kicks off in South Africa. At a recent 2010 National Communication Partnership (NCP) conference delegates were urged to encourage fellow employees and corporate South Africa to make the most of the event to promote the country and the continent.
Subsequently the concept of Football Fridays was conjured to unite South Africa as an excellent host country - Team South Africa. By wearing a football shirt to work or socially every Friday between now and the start of the 2010 Fifa World Cup on Friday, 11 June 2010, you can share in a national initiative to show support to their team and also this event.
The 2010 Local Organising Committee, the 2010 World Cup mascot Zakumi, the Government Communication and Information System, the SABC, FIFA and the International Marketing Council are joint partners.
The initiative also aims to mobilise South Africans to be the best hosts they can be, pulling together to deliver the best World Cup ever, both on and off the field by supporting the senior national soccer team and becoming 2010 World Cup Ambassadors.
Football Fridays originated as an initiative of the Southern Sun hotel group as a fun way for South Africans locally and abroad to be part of the excitement of the build up to the biggest sporting spectacle to be held for the first time on the African continent and is now a part of the nationwide anticipation of the kick-off date.
As part of the Football Friday initiative, fans are also encouraged to learn the Diski Dance.
It's time to show your true colours.
For more information about this and other exciting initiatives, please visit: www.footballfriday.co.
<fn>GOV-ZA.25189dEn.2012-02-10.en.txt</fn>
The draft Forestry Amendment Bill, 2003 is published in terms of section 154(2) of theConstitution of the Republic of South Africa. Organised local government, municipalitiesand other interested personsmaymake written representations with regard to the draft.
The representations should reach Ms Kock within 30 days of the date of publication of this notice.
1 WOrdS in boldtypein square brackets indicate omissions from existing enactments.
To amend the National Forests Act, 1998 so as to deleteor insert certain words, phrases or expressions; to allow for an exemption for the beneficial use of forest produce or forest products derived from protected trees; to enable the Minister to withdraw, amendor replace any tariff; to authorise the Ministerto establish a trust in respect'of State forests where certain rights in that land are pending; to enable the Minister to pay lease money in respect of such State forests into a \ trust account for the benefit of those whose rights in that land are pending; to allow for such money to be paid to them when those rightsmaterialise;to provide for further criminal sanctions in respect of certain activities in forests; to authorise the Minister to release State forests to persons or entities wishing to continuewithforestry;toprovideforbettermanagement of State forests; to extend the Minister'sregulation-makingpowers;andtoprovideformatters connected therewith.
To amend the National Veld and Forest Fire Act, 1998 so as to insert a certain phrase to allow for a fire danger rating which is more dangerous than "high"; to reduce the number of television channels, radio stations and newspapers on or in which the Minister must broadcastor publish the fire danger; and to provide for matters connected therewith.
To amendtheWattleBarkIndustry Act, 1960 so as to repeal some of its provisions and thereby allow for the deregulation of the wattle bark industry; and to provide for matters connected therewith.
Amendment of section 7 of Act 84 of 1998 1. Section 7 of theNationalForests Act, 1998 (hereinafter referred to asthe principal Act) is herebyamended by the deletion of the word "living" in subsection (1).
Amendment of section 15 of Act 84 of 1998 3.
Amendment of section 27 of Act 84 of 1998 4.
on held in trust in terms of the KwaZuInp.onyama Trust Act. 1994 lKwaZulu Act No.
State.
Amendment of section 50 of Act 84 of 1998 5.
"(3) The Minister may release a State forest or part of a State forest which is no longer required bythe Department €or forestry.".
access to State forests for recreatlm 91.
Amendment of section 55 of Act 84 of 1998 7.
withdraw.
Amendment of section 62 of Act 84 of 1998 8.
I fo In section 14(2) ot protected trees referred into section 15(l)(b), or any forest product derived from akmporarily protected tree. group of trees QI. protected tree, is guilty of a first category offence.
Amendment of section 63 of Act 84 of 1998 9.
Amendment of section 9 of Act 101 of 1998 10.
Amendment of section 10 of Act 101 of 1998 11.
(l)(b), no person may light, use or maintain a fire in the open air in the region where the fire danger is high ..
Amendment of section 20 of Act 101of 1998 12.
Amendment of Act 23 of 1960 13. Section 2 of theWattle Bark IndustryAct, 1960 (Act No. 23 of 1960) is hereby repealed.
<fn>GOV-ZA.25189eEn.2012-02-10.en.txt</fn>
The draft Liquor Products AmendmentBill, 2003,is hereby published for comment.
It is the incumbent upon the sender to ensure that such comments are received.
To amend the Liquor Products Act, 1989, so as to amend and insert certain definitions; to providefor the reconstitution and renamingof the Wine and Spirit Board and to limit its area of responsibility; to provide for compulsory particulars on containers; to comply with the Republic's internationalobligations;to ensuretheAct's compatibilitywith the Constitution and generallegal principles;toprovide gender-equal terminology; and to provide for matters connected therewith.
Amendment of section Iof Act 60 of 1989 1.
"'department' means the Department of [Agricultural Economics and Marketing] Aqriculture in the national government;".
Amendment of section 2 of Act 60 of 1989, as amended by section 1 of Act 11 of 1993 2.
IC The main obiectiveof the Authority shall be to administer the schemes established under section14.
recommendation of the persons appointed in terms of subparagraph (i).
"(b) Ifa member or an alternate member of the [board] Authority ceases to hold office for any reason, the Minister [may] &aJ [, subjecttotheprovisions of subsection (2),] appoint [any] 3person desianated by the Authoritv in accordance with the prescribed directions, in hisor her place for the unexpired period of hisor her term of office.".
"(iv) if, in the case of a memberor an alternate member nominated [by a body specified insubsection (Z)(a)(i) or (ii), the body] in terms of subsection (2)(a)(iL [concerned notifies the Director-General in writingthat such member or alternate member shall no longer serve on the board as nominee of that body] he or sheceasestoqualifvasa representative of particiDants to schemes in terms of the prescribed directions."
"(b) The members of the [board] Authority [shall] mav..at the first meeting of the [board] Authority, and. thereafter whenever necessary, elect a [vice-chairman] vice-chairpersonfrom among the members referred to in subsection (2)(a)(i), (ii), (iii) and (iv)."
"(9) There may be paid to [a member and an alternate member] the chairRerson of the [board] Authority and a member of a committee referredto in subsection (8) who are not in the full-time employment of the State, from the funds of the [board] Authority such remuneration and allowances asthe [Minister] Authoritymay [with the concurrence of theMinister of Finance] determine in general or in any particular case."
Amendment of section 11of Act 60 of 1989 3.
"(1) No personshallsellany liquor product in acontainer, unless the applicable prescribed particulars are indicated in the prescribed manner on the label thereof-on such container and on the receptacle of such container.".
Insertion of section 13 in Act60 of 1989 4.
113).(11 TheMinisterrnav, takinq account of the Republic's internationalobliqations.bv notice in the Gazette prohibit the use of specified ueosraphical names in connection with the sale or export of a sDecified liquor product on such conditions as rnav be specified in such notice.
Amendment of section 14of Act 60 of 1989 5.
Authority by notice in the Gazetfe establish a scheme in respect of.
[wine, brandy referred to in section S(l)(a) or (b) of the Wine and Spirit Control Act, 1970 (Act No. 47 of 1970), or. a grape- based liquor] a liquor product derived from crapes, with a view to further regulating particular matters relating to the production and sale of such liquor products, includingthe granting of authorizations for the use of particulars referred to in section 1I(3)(a) and (4) in connection with the saleof the said liquor products.
Amendment of section 15of Act 60 of 1989 6.
Amendment of section 16of Act 60of 1989 7.
"(a) An importcertificate shall be issued on the conditions determined by the administering officer [or, in the case of a product referred to in subsection (3)(b), the board].".
Amendment of section 17of Act 60 or 1989 8.
"(b) in the case of a liquor product derived from grapes and when requiredbyregulation, the [board] Authoritvhas in the prescribed manner found the productconcernedto be suitable for export."
"(6) Notwithstandingtheprovisions of this section, the Minister may, by notice in the Gazeffe, designate, subiect to the control and instructions of theadministeringofficer, a willingjuristicperson, bodv of persons or institution to exercise the powers and carry out the duties referred to in this section.".
Substitution of section 18 of Act 60 of 1989 9.
The officer a acting a delegation. authorization or instruction of the administerina officer may, durinq business hours of the industrv in question.
dl inspect or test or cause to be tested any quantitv of a -,product, material, substance or other article which is --used or suspected to be used atorinconnectionwith the processing, preparation, production, treatment, le) subiect to subsection (2)(c).takesuchsamples of such liquorproduct, product, material.substance or other article as he or she may deem necessary; and or with him assistant, instrument or other tool asheor she maydeem necessary for the purpose of that subsection.
b) Theadministerinclofficeror other person referred to in subsection (I)mav, when actinq under subsection (l)(c) or (dl, demand from the owner or custodian of the liquor product, product, material, substance or other article in question, anyinformation or an explanation reaardinq that liquor product. product, material, substance or other article.
{i be taken in the presence of the person in charqe of, or the owner or custodianof such liquor product, product, material, substanceor other article, or, if such person, owner or custodian is not available, in the presence of any other witness, and a receipt of sampling in respect of each sample taken shall, on request.
lii if necessary, bepackedandidentifiedin such a manner as the nature thereof permits;and liii assoonasDossibleafter it has been taken, be submitted to person, body, a undertaking, institution, association, board or laboratow which is competent to test, inspect or analyse that sample.
Substitution of section 19of Act 60of 1989 10. Section 19 of the principal.
The officer and person under deleaation.
a enteranyplace.
fb) perform any of the acts referred to in section 18 for such other purposes; and believinqa material, substance or other article mentioned in subsection (11, is in or upon such place, premises or conveyance and shall specifv which of the. acts mentioned in subsection (1) may be performed there under by the person to whom it is issued.
f3 A warrant issued in terms of this section shall be executed bv execution thereof bv night at times which shall be reasonable.
IC the riqht of a person to his or her personal privacy.
la identifv himself or herself to the person in control of the place Premises or conveyance.if such person is present, and hand to such person a COPY of the warrant or. if suchperson is notpresent.
supply such person at his or her request with particulars renardin4 his or her authority to execute such a warrant.
6) (a) Theadministerinsofficer or other person referred to in subsection (1) whornav.on the authoritv of a warrant issued in terms of subsection (2), or under the provisions of subsection (5).enter and search anv place, premises or convevance.rnav use suchforceasmaybe reasonablynecessary to overcome resistance to such entry or search.
admission the premises convevance and has notified the purDose of his or her entry, unless such person is won reasonable qround of the opinion that any article mav be destroved if such admission is first demandedandsuchpumoseis first notified.
7 If, durina the execution of a warrant or the conducting of a search in terms of this section, a person claims that an article found onorintheplace, premises or convevance in question contains privilegedinformationand refuses the inspection orremovalof sucharticle, the person executingthe warrant or conductinq the search, if he or she is of the opinion that the article contains informationnecessary for and relevant to the investiqation. may seize and remove that article for safe custody until a court of law that has iurisdiction has made a ruling on the question whether or not the information in question is privileqed.
whichever may occur first.
If no criminal proceedinss are instituted in connection with any product, material, substance, book, record.document or other articleseized in terms of this section, or if it appearsthatsuch product, material, substance, book, record, documentorother article is not required at the trial for purposes of evidence or an order of court, thatproduct, material, substance, book, record, document or otherarticleshall be returned to the person from whom it was seized.
Amendment of section 21 of Act 60 of 1989 1I.
Amendment of section 23 of Act 60 of 1989 12.
obstructs or hinders a person referred to in section 18 (1) 19(1) in the exercise of his or her powers or the carrying out of his or her duties under this Act or a scheme;.
26 The Ministermay, if theRepublic'sinternationalobligations so dictate, by notice in the Gazette declare, on such conditions as may be specified in such notice, anv provision of this Act not applicable to any product with an alcohol content of more than one percent imported into the Republic for drinkina pumoses.
"lm the circumstances or conditions under which the administering officeror the Authoritv, as the case maybe, mayallow for a relaxation of a requirement in terms of this Act or a scheme,".
Repeal of section 31of Act 60 of 1989 15. Section 31 of the principal Act is'hereby repealed.
General amendment to Act60 of 1989 16.
(c)by the substitution for the words "he","his","him"and"himself" wherever they appear in the Act, of the words "he or she", "his or her", "him or her" and "himselfor herself" respectively.
This Act shall be called the Liquor Products Amendment Act,2002.
<fn>GOV-ZA.25209En.2012-02-10.en.txt</fn>
It is hereby notified for general information that the Public Service Commission has under section 11 of the Public Service Commission Act, 1997 (Act No. 46 of 1997), read in conjunction with section 196 (4) (f) (ii) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), made the Rules set out in Schedule 1 hereto.
Thus done and signed at Pretoria on this Twenty-fifth day of July 2003.
"days" refers to working days; "executing authority" means an authority as defined in subsection 1 (1) of the Public Service Act, 1994; "grievance" means a dissatisfaction regarding an official act or omission by the employer which adversely affects an employee in the employment relationship, excluding an alleged unfair dismissal; "head of department" means the incumbent of a post mentioned in Schedules 1, 2 and 3 of the Public Service Act, 1994, or the person acting in such post; "Public Service Act" means the Public Service Act, 1994 (Proclamation No. 103 of 1994); "recognised trade union" means all the trade unions admitted to the Public Service Co-ordinating Bargaining Council as well as any other trade union that enjoys the relevant organisational rights in a particular department; "resolve" means to settle a grievance to the satisfaction of the aggrieved employee; "representative" means a fellow employee, a representative or official of a recognised trade union.
to give effect to section 11 of the Public Service Commission Act, 1997 (Act No.
resolution of individual grievances at the lowest possible level in a department.
A grievance must as far as possible be resolved by an employer and as close to the point of origin as possible.
The employer must ensure that the grievance is dealt with in a fair, impartial and unbiased manner, and that the principles of natural justice are observed.
The procedure must be such that it assists and enables an employer and an employee to address a dissatisfaction.
No employee must be victimised or prejudiced, directly or indirectly as a result of lodging a grievance.
If disciplinary action is being taken against an employee, utilisation of this procedure by the employee to address any matter related to the disciplinary action shall not halt the disciplinary procedure.
A grievance must be lodged in writing and all decisions taken during the process must be in writing.
An employee may be assisted by a representative.
In determining adherence to time limits, this should be calculated by excluding the first day and including the last day.
The parties must adhere to the time limits set out in this procedure, unless they mutually agree to extend them.
A grievance must be lodged with the employer within 90 days from the date on which the employee became aware of the official act or omission which adversely affects him or her.
An employee may demand that his or her grievance be referred to the Commission within 10 days after receiving the executing authority's decision.
An employer must provide relevant information necessary for an employee to lodge or pursue a grievance, if requested.
The provision of such information is subject to any limitations imposed by law.
The employee must be provided with information about the status of the grievance and the progress made towards the planned finalisation date.
The employer must provide the employee with a copy of the grievance form after each applicable level of authority dealt with the grievance.
An employee may lodge a grievance with an employee designated to facilitate the resolution of grievances in the department.
The prescribed form at Annexure A must be used when a grievance is lodged.
The designated employee must liaise with the relevant structures of authority of the department in an attempt to resolve the grievance.
The grievance may be resolved by any person within the relevant structures of authority who has the requisite authority to do so.
The aggrieved employee will be duly informed by the designated employee about the status and progress made towards the resolution of the grievance.
If the grievance is resolved to the satisfaction of the aggrieved employee the confirmation thereof will be reduced to writing by the designated employee.
If a grievance cannot be resolved, the executing authority must inform the aggrieved employee accordingly.
The department (including the executing authority) has 30 days to deal with the grievance. The period may be extended by mutual agreement in writing.
the executing authority must in terms of section 35 (1) of the Public Service Act, 1994, forward the grievance and the relevant documentation to the Public Service Commission for a recommendation within five days of being informed by the aggrieved employee.
If the grievance constitutes an alleged unfair labour practice as defined in the Labour Relations Act, 1995, the employee may inform the executing authority in writing that he/she wishes to utilise the dispute resolution mechanisms provided for in the constitution of the Public Service Co-ordinating Bargaining Council or the relevant sectoral council (whichever is applicable) and that the Public Service Commission should therefore not consider the grievance.
the Commission directly; or in the case of an alleged unfair labour practice, with the Public Service Co-ordinating Bargaining Council or the relevant sectoral council (whichever is applicable) in terms of its dispute resolution procedure.
Once the Commission has received all the information from the executing authority, it must within 30 days consider such grievance and inform the executing authority of its recommendation and the reasons for its decision in writing.
On receipt of the Commission's recommendation, the executing authority must, within five days, inform the employee and the Commission of his or her decision in writing.
of the head of a national department, submit the grievance to the President; or of the head of a provincial department, submit the grievance to the relevant Premier.
The President or Premier has 30 days to deal with the grievance. The period may be extended by mutual agreement.
Rules F9 and 10 will, read with the changes required by the context, apply to all grievances of heads of department.
The head of department must ensure that grievance resolution is evaluated by maintaining a record of the number of grievances resolved from the beginning of each calendar year and report to the Commission on a six monthly basis.
The Commission must report on the management of grievances and the efficiency of the grievance procedure at least once a year to the National Assembly and in respect of its activities in a Province to the legislature of that Province.
When a grievance is lodged in terms of this procecure, an aggrieved employee must disclose whether he or she is utilising any other procedure.
A grievance lodged before the promulgation of the Interim Rules, namely before 1 July 1999, shall be dealt with and concluded as if the Public Service Regulations had not been repealed.
A grievance lodged before the promulgation of these grievance rules, must be dealt with and concluded in terms of the Interim Grievance Rules promulgated in Government Gazette No. 20231 of 1999.
The date of commencement of these Rules is, subject to the provisions of Rule K, 19 September 2003.
<fn>GOV-ZA.25217dEn.2012-02-10.en.txt</fn>
The Minister for Agriculture and Land Affairs intends to introduce the Restitution of Land Rights Amendment Bill, 2003 in the National Assembly in 2003. The Biil as it is to be introduced together with a Memorandum Bill, are hereby published on the Objects of the in terms ofRule 241(1) of the Rules of the National Assembly.
[ ] Words in bold type in square brackets indicate omissions from existingenactments. Words underlined with a solid line indicate insertions in existing enactments.
To amend the Restitutionof Land Rights Act, 1994, so as to empower the Minister of Land Affairs, to purchase, acquire in any other manner or expropriate land, a portion of land ora right in land forthe purposes of the restoration or awardof such land, portion of land or right in land toa claimant orfor any other land reform purpose and to provide for matters connected therewith.
Amendment of section 35 of Act 22 of 1994, as amended by section 20 of Act 78 of 1996, section 25 of Act 63 of 1997 and section9 of Act 18 of 1999 1. Section 35 of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994) (hereinafter referred to as the principalAct), is hereby amended by the deletion of subsections (5) and (5A).
Amendment of section 42A of Act 22 of 1994 as inserted by section 30 of Act 63of 1997 2.
"(I) Where, in termsof this Act, [the Cowrt orders the State to acquire or expropriate] land is acquired or extxowiated in order to restore or award the land to a claimant, [the claimant shall become owner or thereof on the date of such acquisition expropriation] such land vests in the State which must transfer it to the claimant.".
Amendment of section 42Dof Act 22of 1994,as inserted by section 30 of Act 63 of 1997 and substitutedby section 12 of Act 18 of 1999 3. Section 420 of the principal Actis hereby amended by the deletion of paragraph (d)of subsection (1).
Insertion of section 42E in Act 22of 1994 4.
portionof land or a riqht in land for the purposes of the restoration or awardof such land, portion of land or riqht in land to a claimant in terms of this Act and for any other land reform purpose.
Subject to this Act, the Expropriation Act, 1975 (Act 63 of 1975) shall with the -necessary chanaes applvto an expropriation under this Act and anv reference to the Minister of Public Works in that Act must be construed asa reference to the Ministerfor the purposes of such expropriation.
4)The rules of the Court made under section32 shall aovern the procedure of the Court in the determination of comDensationin terms of subsection (3).
The provisionsof section 42D (3)to (6) shall with the necessarv chanaesapply in respect of the acquisition of land.
This Act shall be called the Restitution of Land Rights Amendment Act,2003.
In terms of the Presidential directive, the Commission on Restitutionof Land Rights hastill the end of 2005 to finalise all land claims. Up to now the emphasis has been on the settlement of urban claims. It is now however imperative that the processof settling rural claims must be accelerated.
In 1999 the present procedure whereby land claims could be resolved by way of settlement agreements outside the Court in terms of section 42D of the Restitutionof Land Rights Act, 1994 (Act22 of 1994)("the Restitution Act") was introduced by the Land Restitution and Reform Laws Amendment Act, 1999 (Act 18 of 1999). The present insufficient provisions granting the Minister with the agreement of all interested parties, powers to acquire or expropriate land for the purposes of restitution of rights in land without the necessity of a Court Order, were created in sections35(5A) and 42D(l)(d) of the Restitution Act.
The provisions of the Restitution Act regarding acquisition or expropriation of land without recourse to the Court are unsatisfactory and delay the restitution process.
It isclearfromsection 42D(l)(d) of the RestitutionAct that in the absence of a Court Orderthepower of the Minister to acquire or expropriate(andforrestitutionpurposes is limited to circumstances where an agreement had been reached between "the parties who are interested in the claim" (see the introductory portion of section 42D(1)). In a case where a landowner is therefore not willing to sell it means in effect that in the absence of a Court Order the Minister will only be able to expropriate if agreement is reached with the landowner as one of the interested parties that the land is to be expropriated.
There is no reasonwhytheMinistershould be forced to obtain the agreement of all the interested partiesin terms of section 42D(1) ifland is needed for restitution purposes.
The aim of the Restitution of Land Rights Amendment Bill, 2003, is to address the above-mentioned issues outlined in paragraph 1.
In terms of the newsection 42E of the Restitution Act, inserted by clause 4 of the Bill, the Minister of Land Affairs may purchase, acquire subsection (1)).
(Act 63of 1975), will, with the necessary changes, applyto all expropriations under the Restitution Act.
The constitutional rights of the land owner or holder of the right in land section 42E(3) of the RestitutionAct. It is expressly provided that section 25(3) of the Constitution of the Republic of South Africa, 1996 compensation paid for the land and the time and manner of payment must therefore be just and equitable.
It is not possible at this stage to determine the exact financial implications for the State. The amendments may have additional financial implications should the Minister decide to expropriate.
4.1 The following instanceslpersons were consulted.
The Commission onRestitution of Land Rights will inform relevant stakeholders, through a concertedpublicrtydrive of theamendment, once enacted.
The State Law Advisers and the Department of Land Affairs areof the view that this Bill must be dealt with in accordancewith the procedures established by Section 75 of the Constitution, since it cohtainno provisions to which the procedures as set out in Section 74 or Section 76 of the Constitution apply.
<fn>GOV-ZA.25217eEn.2012-02-10.en.txt</fn>
InfrastructureBill, 2003 intheNationalAssemblyin 2003. TheBillas it is to be introduced together witha Memorandum on the Objects of the Bill, are hereby published in terms of Rule 241(1) of the Rules of the National Assembly.
"prescribe" 'means prescribe by regulation in terms of this Act; '. ...
"record" means a record as defined in section 1 of the Promotion of Access to Information Act, 2000 (Act No.
Application of Act..
technical, and framework the management, maintenance, integration, distribution and use of spatial information.
TheMinistermay, in accordancesection 231 oftheConstitution, enter into an agreement with any person or body, within and outside the Republic of South Africa, with a view to promoting any matter relating to the management and utilisation of spatial information.
The Committee for Spatial Information is hereby established.
a request to affected organs of state and other bodies contemplated in subsection (2).
An alternate member shall be appointed for every committee member.
The Minister must appointfromamongthemembers of the Committee a chairperson anda deputy chairperson.
When the chairperson is unable to perform the functions of that office, they shall be performed by the deputy chairperson.
TheDirector-Generalmust, within 30 daysfromthedate of appointment of the members of the Committee, publish the names, the position held by each appointee to the Committee, and the date of each appointment, by notice in the Gazette.
any matter regarding the capture, management, maintenance, integration, distribution and use of spatial information; and any matter the Committee considers necessary or expedient for achieving the purpose of the Act.
is a political representative at the national, provincial or municipal spheres of government; or is. not, in the Minister's opinion,, fita and proper personto.be, so appointed.
The first meeting of the Committeemust be held at thetimeandplace determined by the Minister, and subsequent meetings must be held at such times and ,; Dlaces as may bedetermined by the Committee..
stating the purposeof the meeting.
A decision of the majority of the members of the Committee present at any meeting constitutes a decisionof the Committee.
In the eventofanequalityofvotes, thechairpersonhas a casting vote in addition to his or her deliberative vote.
A decision taken by the Committee or an act performed under the authority of the Committee, is not invalidby reason only of a vacancyon the Committee or that a person who is not entitled to sit on the Committee, sat as a member at the time when the decision was taken or the act was authorised, if the decision was taken or the act authorised by the requisite majorityof the membersof the Committeewho were present at the time and entitledto sit as members.
The may sub-committees the performance of its functions.
TheCommitteemayappointasmembers of a sub-committee persons who are not members of the Committee.
The Committee may designate one of the members of a sub-committee as chairperson of the sub-committee.
Capture and publishing of metadata information held by it in accordance with this Act.
and including it inamanualonfunctions as described in section 14 of the Promotion of Access to Information Act,2000.
Theprovisions of thePromotion of Access to Information Act, 2000 relating to the manner and refusal of access to records apply to any matter regulated in terms of this Act.
provide the relevant metadata together with the spatial information.
A datacustodianmay, in the prescribedmanner, appoint a data vendor to supply products derived from the data custodian's dataset.
A data custodian of a base data set must, in the absence of an agreement contemplated in this section, furnish all updates of spatial information of the base data set to the data custodian of a derivative data set, within a prescribed period, in orderto ensure synchronised updatesof the twodata sets.
A data custodian of a derivative data set, must update the data set within a prescribed period after receiving an update of the base data set.
TheMinistermay, in general or in a particularcaseor 'in cases of a particular nature, in writing delegateto the Director-General or any officer, in the service of the national government any power conferred upon him or her in this Act.
criteria for.
person is liable foranythingdone in good faith in the exerciseor performance or purported exerciseor performanceof any power or duty in terms of this Act.
This'Act is called the Spatial Data InfrastructureAct,.2003,and comes int0 operation ona date to be determined bythe President by proclamation in the Gazette.
1.1 The Department of Land Affairs ("the Department") was mandated by the Cabineton 29 April 1999 tolead the development of a National Spatial Information Framework to advance unimpeded accessto and use of SpatiaVgeographicinformation held by theStatefor effective and efficient governance, planninganddecision-making. A necessaryingredient of this framework is the determination of a policy which promotes access to existing spatiallgeographic information, the integrationofsuch information from diverse sources and the re-use of such information.
toPromote the efficient and effective use of the State's spatial/geographic information resources by the sharing of the information; and to give effect to the constitutional right of access to information held by the State, as well as information held by.other persons, ifthe information required for the exercise or protection of rights.
3.1 Clause 1 of the Bill provides for the definitions.
3.2 Clause 2 deals with the application of the Bill.
3.3 Clause 3 provides for the establishment and objectives of the South African Spatialinformation Infrastructure (SASDI). The SASDI will be the national technical, institutional and policy framework facilitating the capture, maintenance,.. integration, distribution and use of spatial information as well as eliminating duplication in the capturing of spatial information.
3.4 Clause 4 provides the powers and functions of the Minister.
3.5 Clause 5 provides for the establishment and composition of the Committee for Spatial Information.
3.6 Clause 6 outlines the powers and functions of the, Committee which' include advising the Minister on matters relating to the use and management of spatial information as well as facilitating, promoting and safeguarding an environment for efficient collection and distribution of spatial information.
3.7 Clause 7 specifies the term of office for members of the Committee.
3.8 Clause 8 outlines the grounds for disqualification as a member of the Committee and vacation of office. it compels the Minister not to appoint to the committee a person who isanunrehabilitatedinsolvent, declared by a court of law to be mentally incompetent, has been removed from an office of trust on account of misconduct etc.
3.9 Clause 9 outlinestheprocedure for meetings of the Committee, which include thequorumformeetings, the convening of specialmeetings and decision- making.
3.10 Clause 10 dealswith the establishment of sub-committees to assist the Committee in the performance of its functions.
3.12 Clause 12 requiresdatacustodians to capture and maintain metadata for any spatial information in accordance with. the provisions of the Bill. The clause also empowerstheMinister to exempt any data custodian or any type ofexercise from the provisions of any regulations dealing with the capture or maintenanceof spatial information.
3.13Clause 13 makes the provisions of the Promotion of Access to Information Act, 2000 relating to the manner andrefusal of access to records applicable to matters regulatedin terms of the Bill.
3.14 Clause 14 deals with the appointment of data vendors and their obligations with regardto the supplyof spatial information.
3.15 Clause 15 deals with licensing agreements on the use of spatial/geographic information between a data custodian or a datavendorand auser. It also prescribes the information which must be contained in the agreement.
3.16 Clause 16 contains provisions with regard to the entering into of collaborative agreements between custodians of base data sets and custodians of derivative data sets, in order to ensure synchronised updates of the data sets. The clause also prescribes the information which must be contained in the agreement.
3.17 Clause 17 provides a procedure for reporting a deficiency in the quality of spatial information to the data custodian from whom the information is obtained.
3.18 Clause 18 places a responsibility on a data custodian to take reasonable steps against the loss of, or unauthorised or unlawful access to spatial information, held by such custodian, and ensure the protection of the copyright of the State in such information.
3.19 Clause 19 provides for the delegation of power by the Minister or the Director- General.
3.20 Clause 20 provides for the making of regulations by the Minister.
3.21 Clause 21 contains the short title of the Bill and also provides for the date of commencement once the Bill becomes anAct of Parliament.
The Bill has been workshopped and consultative meetings held in all Provinces with both public and private bodies, and have also been publishedin the Gazette for comments. A large number of comments havebeen received and the Bill accommodates, as far as possible, the comments received.
Theavoidance of duplication of data collection will result in cost saving to the country. Consultants would no longer be able to manipulate the system by selling was paid for by government in the first place. In addition policy alignment within information for planning and development. The improved information flow among improve interoperability of spatial data and'systems. The capture and publication of metadata would not only facilitate access to spatial information but also save the state millions of Rands.
The State Law Advisors and the Department of Land Affairs are of the view that this Bill must be dealt with in accordancewith the procedures established by section 75 of theConstitution, since it contains no provision to which the procedures setout in section 74 or. section76 of the Constitution apply.
<fn>GOV-ZA.25217fEn.2012-02-10.en.txt</fn>
The Minister for Agriculture and Land Affairs intends to introduce the Sectional Titles AmendmentBill, 2003 in the National Assembly in 2003. The Bill as it is to be introduced together with aMemorandum on the Objects of the Bill, are'hereby published in terms of Rule 241(1) of the Rules of the National Assembly.
Tel : (021) 40.32240 Fax : (021) 403 2604 E-mail: smfenyana@parliament.gov.
Amendment of section 1 of Act 95 of 1986, as amended by section I of Act 63 of 1991, section I ofAct 7of lLyseciior! 3 of Act 15 of 1993 and sectloz! I of Act $4 of 1997 1. Section 1 of the Sectional Titles Act, 1986 (Act No.
"(3A) Ifa body corporate is unable to obtain a unanimous resolution, it may, subiect to the provisions of subsection (3)(c), approach the court for relief.".
Amendment of section 4 ofAct 95 of1986, as amended by section 2 ofAct 63 of 1991, section 2 ofAct 15 of1993 and section 2 of Act $4of1997 2. Section 4 of the principal Act is hereby amended by the deletion of subsection (5A).
Amendment of section 7 ofAct 95 of 1986, as amended by section 4 of Act 63 of 199i and section3 ofAct 44 of1597 3. Section 7 of the principal Act is hereby amended by the deletion of paragraphs (a)(i)(bb>,(a)(ii), (a)(iii), (a>(iv), (c>and (dl of subsection (2).
Amendment of section 17 of Act 95 of 1986, as amended by section 11 of Act 63 of 1991 and section 11 of Act 44 of 1997 4.
Amendment of section 24 of Act 95 of 1986, as amended by section 14 ofAct 63 of 1991, section 5 ofAct 7of 1992 and section 17 of Act 44 of 1997 5.
"(3) If an ownera proposesto extend the ofsection [limits] boundaries or floor area of his or her section, he or she shall with the approval of the body corporate, authorized by a special resolution of its members, cause the land surveyor or architect concerned to submit a draft sectional plan of the extension to the Surveyor-General for approval."
by the deletion of paragraph (b)of subsection (6).
Amendment of section 25 of Act 95 of 1986, as amended by sectjon 15 ofAct 63 of 1991, section6 of Act 7 of 1992 and section 18 of Act 44 of7997 6.
25217-2 thereupon the provisions of section [9(3)1 lO(5) shall apply [mutatis mutandis] with the necessary alterations.
Amendment ofsection 26 of Act 95 of 19W9as amended by section 16 of Act 63 of 1997 and section 19 of Act 44 of 1997 7.
"(5) The registrar shall, upon the submission of the prescribed documents, register a plan of extension of the common property in terms of this section by making an endorsement on the relevant title deed to reflect that the land concerned has been incorporated in the sectional plan, shall make such further endorsements and entries in his or her recordsasmay be necessary to give effect thereto, and shall furnish a copy of the sectional plan of extension to the local authority concerned and notify the Surveyor-General of the registration of such plan of extension, and thereupon the Surveyor-General shall amend the original sectional plan and deeds office copy of the sectional plan to reflect such extension.".
Amendment of section 27 of Act 95 of 1986, as amended by section 17 of Act 63 of 7997 and section 20 of Act 44 of 1997 8.
25217-3 03-012727-3 opening Of a sectional title register and the registration of the sectional plan, impose a condition in terms of section 11(2) in the schedule referred to in section I1 (3)(b),by which the right to the exclusive use of such part or parts of the common property delineated for this purpose on the sectional plan, is conferred upon the owner or owners of one or more of the sections [,and theregistrarshall mot accept forregistrationasectional plan on which a part or parts ofthe common property isSO delineated, unless developer any such the imposes condition conferring any such right for a specific purpose on the owner or owners of a section or sections].
"(b) A developer shall cede the right to the exclusive use of part or parts of the common property to the owner or owners to whom suchrights are allocated1 of units in the scheme, by the registration of a unilateral notarial deed in their favour provided that when the developer has transferred the last section. in a scheme, he shall cede to the body corporate the right to anyexclusive use area stillregistered in his name free of charge and without any compensationl."
yc) If a developer ceases to be a member of the bodv corporate as contemplated in section 36(2), anv right to an exclusive use area still registered in his or her name, shall vest in the bodv corporate free from anv mortqaqe bond.
If a riqht to theexclusive use of a part or parts of thecommon property vests in a bodv corporate in terms of paraaraph (c), the bodv corporate must, in the 'prescribed form, applyto the reqistrar for the issuing of a certificate of real right of exclusive use in its favour, and must submit a certificate to the effect that theprovisions of anv law in connection with the vestinq, have beencomplied with, whereupon the registrarmust issue such certificatein the prescribed form.
(4) (a) An owner of a section in whosefavourthe right to the exclusive use of a part of the commonproperty delineated on thesectional plan is registered, may transfer his or her interest in such right to the owner of another section in the scheme by the registration by the registrar of a notarial deed of cession entered into by the parties.
0 If an owner ceases to be a member of the body corporate as contemplated in section 36(2), anv right to an exclusive use area still reqistered in his or her name shall vest in the body corporate free from anv mortqaqe bond.
@ If a riqht to the exclusive use of a part or parts of the common property vests in a bodv corporate in terms of paragraph (b), the body corporate must, in the prescribed form, apply to the reqistrar for the issuinq of a certificate of real right of exclusive use in its favour, and must submit a certificate to the effect that the provisions of any law in connection with the vesting have been complied with, whereupon the registrar must issue such certificate in the prescribed form.
"17 Anv person who holds two or more rights to exclusive use areas, or undivided shares therein, bv one title deed may, subject to the provisions prescribed, obtain a separate title deed in respect of one or more of the rights to exclusive use areas held therein: Provided that at least one of the exclusive use areas or share therein held bv such deed, remains held thereby.".
Amendment of section 37of Act 95 Of 1986 9.
"(2) Any contributions levied under any provision of subsection (I), shall be due and payable on the passing of a resolution- to that effect by the trustees of the body corporate, and may be recovered by the body corporate by action in any court (including any magistrate's court) of competent jurisdiction from the persons who were owners of units at the time [when such contributions became due] g& resolution was passed.".
STAATSKOERANT, 25 JULIE 2003 No.25217 69 10. This Act shall be called the Sectional Titles Amendment Act, 2003.
MEMORANDUM QN THE OBJECTS OF THE SECTIONAL TITLES AMENDMENT BILL, 2003 1.1 TheSectionalTitlesAmendmentBill, 2003 (hereinafter referred to as heBill"), proposesamendmentstotheSectional Titles Act, 1986 (Act No. 95 of 1986) (hereinafter referred to as "the Acf'), which aim to amend certain definitions, to repeal redundant provisions, to provide for the substitution of certain headings, to provide for certainactsofregistration, and to provide for matters connected therewith?
1.2 Most of the proposed amendments are aimed at streamlining the application of the Act, expediting the process of developing sectional title schemes and at cost effectiveness for public benefit.
2.1 Clause 1 provides for the amendment of certain definitions for clarity purposes and to provide for recourse tothe justice systemin appropriate cases.
2.2 Clause 2 provides for the repeal of a redundant section.
2.4 Clause 4 provides for the substitution of a heading that is incongruous with the provisions of the relevant section.
2.5 Clause 5 provides for the eliminationof interpretation problems, the alignment of the relevant provision with theAfrikaanstext of the Act, and the repealing of redundant provisions.
2.6 Clause 6 provides for the substitution of a heading that is incongruous with the provisions of the relevantsection, the alignment of the relevant section with another related section, the omission ofreference to a repealed section, the promotion of gender equality, the substitution of a Latin phrase with its English counterpart, and other consequential amendments.
2.8 Clause 8 provides for the disposal of an exclusive use area which remains registered in the name of a person who has ceasedto be a member of the body corporate, the promotion of gender equality, other technical amendments as well as consequential amendments.
2.9 Clause 9 provides for technical amendments thatare aimed at securing clarity.
2.1 0 Clause 10 provides for the short title.
The State Law Advisors and the Department of Land Affairs are of the view that the Bill must be dealt with in accordance with the procedures established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or section 76 of the Constitution applies.
<fn>GOV-ZA.25217iEn.2012-02-10.en.txt</fn>
Any comment must be submitted to the office of the Section Head: Legal Services, National Crime Operations, South African Police Service.
"charity organisation" means any organisation or institution that runs or is engaged in any business. project, cause. fhd raising or any similar act not for the purpose of profit making, but for societal appraisable purposes or similar purposes. including but not limited to charity, religion art, culture, children's homes. old age homes. science. education. etc?
dispose of' includes sellingt donating. lending. supplying. distributing. exporting out of South Africa and in any manner. Lvhether for any consideration or not. transferring, exchanging. agree to sell. or mark with a selling price. display. advertise. offer or attempt to sell. or eschange. deliver or dispose offor any consideration, or sell b! auction or bq ~va!. ofa credit agreement as defined in the Credit Agreements Act, 1980 (Act No.
"gootls" means any jenellery including unwought precious metal as defined by the Mining Rights Act 1967 (Act No. 20 of 1967): agricultural implement including but not limited to tractors. plows and harvesters; bicycle; officeor household equipment; factory equipment and machinery; tyre of any vehicle or motorcycle; communication equipment: photographic or optical instrument or any part or accessory thereof: any non-ferrous. ferrous or precious metal. or any wrought article.
"household and office equipment" mean an! goods normally used in an oftice or household including but not limited to furniture. electric and electronic equipment. electronic sofhvare. tools.
*motor vehicle means an motor vehicle. as defined in the Road Traffic Act. 1996 (Act No. 93 of 1996)a?
\\ell as a motor \;chicle part. motor vehicle accessory. tyre. motorcycle. or any part or accessory thereof: "non-ferrous and ferrous metals" include copper. aluminium. zinc, chrome. lead. white metal. nickel. tungsten. tin. ferrovanadium. ferrosiiicon. ferrochrome. brass, bronze.
"pawner" means a person M.
in the case ofa partnership. any partner ofthe partnership or an. person duly authorised b!
an! person dul!
4kican Police Service Act. 1995 (Act No.
b'premisesmeans any land. any building or structure. or any vehicle, conveyance, ship. boat or aircraft: or any part thereof from which business is conducted!
"prescrib.
"previous Act" means the Second-hand Goods Act. 1955 (Act No.
"second hand" nlean goods. {vhich hat.
"vehicle" includes dl means of con\-eyance including but not limited to any motor vehicle, boat. trailer. aircrafi.
cara\an. batter chi\ en vehicle. mobile crane. bulldozer. front-end loader. earthmoving equipment or an engine nr an> part or accessory thereof.
thetitle holder of goods which had been subject to a credit agreement as defined in the Credit Agreements Act. 1980.
an charit\. organisation that receives second-hand goods by way of donation in order to dispose of them for purposes of fundraising.
Sub, ject to section 2(I)(dl no person ma) from the date of commencement ofthis Act carry on a business as a dealer escept ~~nder the authority of. and to the extent specified in. a certificate pnted to him or her under section -1.
LVhere a partnrrship..or private or public company carries on business as a dealer. only one certificate shall be issued in the rmme of that partnership or company.
(3)Where a dealer conducts business from more than one premises. or where goods are stored on additiawl premises. such dealer inust spplq for a certificate for each of the premises.
(4)Where a certiticate has been issued in terms ofsection 4(3)(a) the certificate must be displayed on the premises for which the certificate has been issued. in a place clearly visible to the public.
(5)A certificate granted under this A.ct. shall not exempt the holder thereof from the requirements of any other legislation.
An application for a certiticate required under section 3 must be lodged in the prescribed form. with the Station Commissioner or the police official authorised thereto by him or her, in whose area the applicant intends to carry on business.
(2)The Station Commissioner or the police official authorised thereto by him or her. must verify the information contained in the application and after the verification has been completed fontard st~ch application. together Li-ith his or her recommendations thereon. to the relevant Area Commissioner.
(:)la) The . Area Commissioner. or thepolice official authorised thereto by the Area Commissioner. mtlst. after consideration of the application and the recommendation referred to in subsection (2).
the premises on which the business is tobe conducted is suitable and adequate11 equipped for the purpose.
grant the application and issue the certificate in the prescribed form, authorising the applicant to deal in all clnssrsof goods or such classes or kinds of second hand-goods as may be specified on the certificate.
If the Area Comniissioner is not satisfied as contemplated in paragraph (a) he or she must refuse or reject the application.
The. Area Commissioner. or the police ofticinl authorised by him or her.
ii \\.
require from the applicant such further information as may. in his or her opinion. be relevant.
The, Area Commissioner or the police official authorised thereto by him or her may issue the certiticate sLlb, ject to such conditions that he or she may deem necessary.
on a certificate. amend.
If an Area Commissioner. at an! time during the period of validity ofa certificate.
\vas convicted of an offence of\\-hich dishonesty is an element; or fails to compl! \vith any of the provisions of this Act.
such an Area Commissioner must inform the dealer of his or her intention to withdraw the certificate and the reasons for such \vithdrawal. The dealer may submit written representation within 30 days to sIu\ cause wh the certilicate should not be withdrawn?
If after consideration of the representations. if any, and/or all relevant facts the Area Commissioner is satistied that the dealer no longer complies with any of the requirements of this Act, he or she must \\ithdrau. the certificate.
(8)The Area Commissioner or the police official authorised by him or her must notify the dealer or pawnbroker in rvriting of any decision taken under this section.
Period of validity of certificates. A certificate shall expire on 3 Is' dq of December ofthe year for which it was issued.
contirm. set aside. or anlend the decision taken by the Area Commissioner; or make such order with regard thereto as he or she may deem expedient.
A dealer must keep record in the prescribed format and registers of every transaction in second- hand goods.
(2)Separate registers must be kept in respect ofacquisition and disposal ofsecond-hand goods and. if the certiticate is issued under such a condition. in respect of different clsses ofgoods.
(3)Any person acquiring second hand goods from. or disposing of second hand goods to a dealer must furnish such dealer with his or her full name, address and the original ofan identity document. or passpost as proof of his or her identity.
(5)A dealer must retain a register referred to in subsection (3)and a copy ofthe document(s) referred to in subsection (4). for a period of five years calculated from the date ofthe transaction to which it relates.
(6)E\:erq entry in a register in respect of an acquisition or disposal of second hand goods must be effected at the time such acquisition or disposal takes place.
Where a dealer keeps registers by way of electronic data storing. such as a computer, printouts must be made on a dail. basis and retained subject to the provisions of subsection (5).
A pawnbroker must keep a register in the prescribed form in respect of all goods taken in pawn by him or her.
A person pawning goods must furnish the pawnbroker with his or her full name. address. original identity document or passport.
A pawnbroker must obtain a copy ofthe identity document or passport and in the case of a motor vehicle. a copy ofthe original registration document.
(dl A pat\nbroker must retain a register referred to in (a):and a copy ofa document referred to in (c).for a period of live years from the date of the transaction to which it relates.
An entry to be made under subsection (1) in respect of any goods taken in pawn or disposed of by a pawnbroker must be effected at the time such goods are taken in pawn by him or her.
A pawn ticket shall be issued by the pawnbroker to the pawner at the time oftaking the goods in question in pamm stating the chronological number.
(2)A palvnbroker may not purchase or take in pawn a pawn ticket issued by himselfor herself or any other pa\\ nbroker.
Except \vith the \witten permission ofthe Station Comnlissioner in whose area he or she carries on business. store any second hand or pawned goods.
Receive or deliver second-hand goods or pawned goods between sunset and stlnrise except in the case ofemergenc> and \\.it11 the ivritten permission ofthe Station Commissioner in \\.
Deliver goods acquired by him or her IO any person or change the form or alter the appearance tKereof until after the expiration date ofa period of seven (7) days from the date of acquisition thereof. except after notice in \vriting to the Station Commissioner in whose area he or she carries on business.
Second-hand motor vehicle dealers shall be exempted from complying with the provisions of' section 9(b) and (e). only \\.
the vehicle is accompanied by a roadworthy certificate issued under the National Road Traffic Act I996 (Act No. 93 of 1996); and the xhicle has been registered in the name ofthe dealer for the purpose of resale.
second-hand goods or goods for pa\vn. as the case may be.
such dealer or pa~vnbroker must immediatel report the matter to the Station Commissioner in whose area he or she carries on business?
No dealer or pawnbroker may smelt. melt or granulate or cause to be smelted. melted or granulated any non-ferrous and precious metal or any article or substance containing non-ferrous or precious metal. or have in his possession any apparatus which can be used for the smelting, melting or granulating of metal or any such article or substance. Unless in the case of precious metals. such a person is in possession of a permit in terms of section 3.15 of the Mining Rights Act, Act 20 of 1967.
(1)No dealer or pawnbroker may be. in possession., acquire or dispose of any copper or aluminium cable of\\ hich the plastic covering has been burnt or melted dmvn.
inspect an\ goods fot~nd in any such premises and nny register. book. record. document or an otller item.
(dl require fi.orn the owner. any person in charge or employee of such premises to explain an) entr: in any register. book.
seize any goods. records. books. records. documents or any object that may afford evidence of a contravention of any provision oftliis Act.
(2)A dealer. pannbroker. owner.
must on demand atford any police official such assistance and facilities as such police ot'ficial nln require in connection \vith the pefornwnce of his or her functions under this section.
A dealer or pmtnbroker (includin_e the executor. trustee or other administrator of the estate of such dealer or pau.nbroker) nla> not transfer to another person a certificate issued to such dealer or pawnbroker. unless that .-\rea Con1nlissioner appro\ses such transfer in writing upon being satisfied that the person to whom the transfer is intended conlplies \\-it11 the provisions ofsection 4(3).
(I I Wwne\'er on> manager. agent or i:nlplo\ ee ofa dealer does or omits to do any act which would be an ol'fence uncler this Act for such dealer to do or omit to do. then. the dealer shall be deemed to !I:).\.e <!we or snlittc:! to do that xt Oild be lizble to be coilvicteci and sentenced in respect thereof. and the fact that he issued instructions forbidding an act or omission ofthe kind in question shall not of itself be accepted as sufficient proofthat he took all reasonable stepsto prevent the act or omission.
(2)Whene\.er an! manager. agent or cmployee ofa dealer does or onlits to do an act which it would be an offence under this Act for the dealer to do or omit to do, he shall be liable to be convicted and sentenced in respect thereof as if he were the dealer.
(3)An! such manager. agent or employee may be so convicted and sentenced in addition to the dealer.
the form ofa certificate.
prescribed ith regard to dealing in different classes or kinds of second hand goods: dl an fees payable for any application or certificate?
the withdwval or amendment of an!
and. generall. an matter Ll-hich is required by this Act to be prescribed or Lvhich the Minister considers necessar or expedient to prescribe.
A person is guilt ofan offence if he or she contravenes or fails to comply with any proc.ision of this Act.
furnish an information required under this Act.
carry on a business as a dealer except under the authorit! of. and to the extent specified in.
conduct business from more than one premises. or store goods without a certificate issued to him or her in tenm of section 4(3)(a).for each ofthe premises.
fail to compl! with an!
fail to displa).
nccpire second hand goods fro111a person without obtaining the full name. address and the original ofan identity document.
hi1 to retain a register referred to in section 7(2) and a cop) ol'a document referred to in Section 7(-l).
fail to. \\.here the prescribed register is kept by way of electronic data storing, such as a computer.
store any second hand or pawned goods.
take into his or her possession ;~n\ goods before he or she has convinced llilnselfor hersell' hit the seller or the pauner of the items is the o\vner or titleholder thereof or dui authorised to dispose thereof?
smelt. melt or granulate or cause to be smelted. melted or granulated any non-ferrous metal or an nrticle or stlbstance containing non-ferrous metal. or have in his possession any apparatus \vhich can be used for the smelting. melting or granulating of metal or any such article or substance?
refuse or fail to answer to the best of his or her ability any question which a police official in the performance of his or her functions has put to him or her. or makes a statement to such member which is false. or misleading: or refuse or fail to afford to any police official. any assistance or facilities lawfully required by lhimiher in terms ot'this Act.
accept goods in pawn without obtaining the full name. address. original identity document.
retain a register referred to insection 8(I): and a copy of a document referred to in section 8(3).
failto effect an entr! in a resister in respect ofgoods taken in pawn or disposed of.
Not\vithstanding anthing to the contrary in an other law contained. a magistrates' court shall have jurisdiction 10 impose an! penalty pro\.ided for under this Act.
411.person \vho immediately prior to the date ofconmencement ofthis Act carried on a business; IS a Jealer or pa\vnbroker shall. within a period of90 days from such date or such longer period as ma!on good cause show be allo\beJ b> the Area Commissioner in Lvriting. enter in a transitional register all the second-hand goods or pawned goods. as the case may be, held by such person for such business purposes during the period from the date of commencement of this Act and up to and including the last dav of the said period or extended: period as the case may be.
(1)An entry referred to in subsection (I) shall set out a full description ofgoods in question. indicating the quantity and colour thereof. an> identification marks and any other distinguishing features thereon and. in the case ofnon ferrous and precious metal. its description and weight and the \due thereof 3s estimated by the dealer lor pawnbroker concerned.
The Station Cornmissioner or the police official authorised by him or her shall endorse the last entry in such register and on each page thereof.
From the date of commencement of this Act the provisions of this Act shall apply to.
A dealer \\.ho disposes of goods referred to in subsection (2) of this section.
A pawnbroker \vho redeems a pawn ticket or otherwise disposes of pawned goods in terms of subsection 2.
PI person referred to in subsection (I) Lvho contrauenes or fails to comply with uny of the pro\:isions ofthis section shall be guilt! of an offence and on conviction be liable to a fine or imprisonment not exceeding 3 >ears imprisonment 0:' both such tine and imprisonment.
This Act shall be called the Second Nand Goods Act 2003 and shall come into operation on a date to be determined by the President by notice in the Gozerfe.
(a): (f): 3~):(hi: Three years imprisonmen?
<fn>GOV-ZA.2525En.2012-02-10.en.txt</fn>
The construction of an International Airport in La Mercy, north of Durban, will be completed early next year to boost 2010 FIFA World Cup transport infrastructure.
<fn>GOV-ZA.25289aEn.2012-02-10.en.txt</fn>
Mohammed Valli Moosa, the Minister of Environmental Affairs and Tourism, hereby publishes the draft National Environmental Management: Air Quality Bill for public information in terms of Rule 241(l)(b) of the National Assembly and Rule186 (1) (a) of the National Council of Provinces.
The draft bill aims to bring the system of air pollution control in line with the Constitution of theRepublic ofSouthAfrica. It replaces theoutdatedAir PollutionPreventionAct, I965 (APPA), (Act No. 45of1965) withamore effective regulatory regime. It establishes national norms and standards for air qualitymanagement. It providesaframework for airqualityplanning and reporting and numerous regulatory instruments for the control of air pollution and as well as compliance and enforcement regime.
The draft bill will be tabled in Parliament during August 2003 for consideration. Written comments and inputs are invited from interested and affected parties as well as the general public.
The Bill aims to bring the system ofair pollution controlin line with the Constitution allocation of function between the three spheres of government.
107 of 1998) (NEMA). Amendments to this chapter include the deletion of, among others steam as a pollutant, the redefinition of vehicle emissions as a Ron-point source of air pollution, and competent authorii was also defined.
Chapter 4 describes the various regulatory tools or measures made available to government ambient air quality. The tools have been designed in such a wayasto ensure an optimal mix managed in the most effective manner, with the least possible administrative burden and use of resources.
Listed Acfivifies -The identification of 'problem' processes means that they will require an Atmospheric Emission License before they can operate.
(e.g. motor vehicles, hazardous waste incinerators, etc.
The chapter was amended to include the provision for the submissionof atmspheric impact reports as an addainal tool enabiing air quali officers to manage air qualii from existing industrial activities, as well as provisions for the control of dust.
Chapter 5 deals with licensing of listed activities. It defines with reference to section 24 of NEMA procedures to be followed and the authority responsible for granting such a licence.
Chapter 6 dealswithSouthAfrica'sinternationalobligations in respect of airquality management. In keeping withthe'goodneighbour'aspectofNEPADandour SADC obligations, the Bill allows the Minister to investigate cases where South African processes may be impacting on our neighbours. In this regard, the Bill also provides for regulations in respect of the controlof processes impacting on our neighbours and the global atmosphere in general. This section is viewed as being significant as it will enable national government to implement swift responses required to harness the investment opportunities provided by some of the international instruments.
Chapter 7 dealswithoffencesandpenalties.
Chapters 8 provide for general regulations and transitional arrangements. With regard to the latter, the Bill provides for a number of arrangements aimed at smoothing the transition from the air quality management approach under APPA.
The Billwillincrease the financial resources available for administering, air quality management through the systemof permit fees at local and provincial levels of government.
NATIONAL ENVIRONMENTALMANAGEMENT: AIR QUALJTY BILL To reform the law regulating air quality in order to protect and enhance the quality of air in the Republic, taking into account the need€orsustainable development; to provide for national norms andstandardsregulating air qualitymonitoring, managementandcontrolbyall spheres of government; for specific air quality measures; and for matters incidental thereto.
everyone has a right to an environment that is not harmful to his or her health or well-being; everyone has the right to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and secure ecologically sustainable development while promoting justifiable economic and social development; sustainable development requires the integration of social, economic and environmental factors in the planning, implementation and evaluation of decisions to ensure that development serves present and future generations; air pollution.
new and innovative approaches to legislation are required to protect and enhance the air quality in the Republic.
I 16 No.
"National Environmental.
In this Act, a word or expression derived from a word or expression defined in subsection (1)has a corresponding meaning unless the context indicates that another meaning is intended.
to reduce the risks to human health and the environment while taking into account the need for sustainable development.
through the organs of state implementing this Act, must seek to protect and enhance the quality of air in the Republic; and must implement this Act to achieve the progressive realisation of those rights.
in the Republic, including its territorial waters, exclusive economic zone and continental shelf as described in the Maritime Zones Act, 1994 (Act No. 15 of 1994); and to all activities in the Republic affecting the quality of air.
Environmental Management Act.
The application of this Act mustbe guided by the national environmental management principles set out in section 2 of the National Environmental Management Act.
For the proper application of subsection (2) (b)the Minister must in terms of section 146 (6) of the Constitution submit all subordinate legislation issued in terms of this Act and which affects provinces, to the National Council of Provinces for approval.
The Minister must, as soon as reasonably practicable, by notice in the Gazette, establish a national framework for achieving the object of this Act, which must include -strategies, objectives and plans to attain compliance with ambient air quality standards; strategies, objectives and plans to give effect to the Republic's obligations in term of international agreements; national norms and standards for the control of emissions fiom point, non-point and mobile sources; national norms and standards for air quality monitoring; national noms and standards for air quality management planning; national norms and standards for air quality information management; mechanisms to provide for co-operative governance in respect of air quality management; and any other matter which the Minister considers necessary for achieving the object of this Act.
the different spheres of government; and different organs of state.
An organ of state must give effect to the national framework when exercising a power or performing any duty in terms of this Act or any other legislation regulating air quality management.
may be amended from time to time; and must be reviewed by the Minister at intervals of not more than five years.
Before publishing the national framework, or any amendment to the framework, the Minister must follow a consultative process in accordance with sections 53 and 54.
regular reporting on air quality; and compliance with the Republic's obligations in terms of international agreements, substantive way.
performance of organs of state in respect of air quality management.
compliance with the Republic's obligations in terms of international agreements; and access to information by the public.
ambient air quality, including the permissible amount or concentration of eachsuch substance or mixture of substances in ambient air; or emissions from point, non-point or mobile sources.
Section 7 (3) (a), (4),(5)and (6), with the necessary changes as the context may require, applies to a notice published in terms of this section.
ambient air quality, including the permissible amount or concentration of each such substance or mixture of substances in ambient air;or emissions from point, non-point or mobile sources in the province or in any geographical area within the province.
If national standards have been established in terms of section 9 for any particular substance or mixture of substances, an MEC may not dter any such national standards except by establishing stricter standards for the province or for any geographical area within the province.
provide for the phasing in of its provisions; or be amended from time to time.
(a) Before publishing a notice in terms of this section, or any amendment to the notice, the MEC must follow a consultative process in accordance with sections 53 and 54.
identlfy substances or mixtures of substances in ambient air which, through ambient concentrations, bioaccumulation, deposition or in any other way, present or are likely to present a threat to health, well-being or the environment in the municipality; and in respect of each of those substances or mixtures of substances, establish local standards for emissions from point, non-point or mobile sources in the municipality.
If national or provincial standards have been established in terms of section 9 or 10 for any particular substance or mixture of substances, a municipality may not alter any such national or provincial standards except by establishing stricter standards for the municipality or any part of the municipality.
Before a municipality passes a by-law referred to in subsection (l),it must follow a consultative process in terms of Chapter 4of the Municipal Systems Act.
measurements of emissions fiom point, non-point or mobile sources must be carried out; and the manner and form in which such measurements must be reported and the organs of state to whom such measurements must be reported.
The Minister may establish a National Air Quality Advisory Committee as a subcommittee of National Environmental Advisory Forum established in terms of the National Environmental Management Act to advise.the Minister on the implementation of this Act.
The Minister must designate an officer in the Department as the national air quality officer to be responsible for co-ordinating matters pertaining to air quality management in the national government.
The MEC responsible for air quality in a province must designate an officer in the provincial administration as the provincial air quality officer to be responsible for co-ordinating matters pertaining to air quality management in the province.
Each municipality must designate an air quality officer from its administration to be responsible for co-ordinating matters pertaining to air quality management in the municipality.
An air quality officer may delegate a duty or power referred to in subsection (4)to an official in the service of that officer's administration, subject to any limitations or conditions as may be prescribed by the Minister by regulation in terms of section50.
Air quality officers must co-ordinate their activities in a manner as may be set out in the national framework or prescribed by the Minister by regulation in terms of section 50.
Each national department or province responsible for preparing an environmental implementation plan or environmental management plan in terms of Chapter 3 of the National Environmental Management Act must include in that plan an air quality management plan.
Each municipality must include in its integrated development plan envisaged in Chapter 5 of the Municipal Systems Act, an air quality management plan.
describe how the relevant national department, province or municipality will give effect to its air quality management plan; and comply with any other requirements as may be prescribed by the Minister by regulation in terms of section 50.
its compliance with any priority area air quality management plans applicable to it; and its air quality monitoring activities.
The MEC responsible for air quality in a province may in terms of subsection (1)declare an area falling within the, province as a priority area.
The MECs responsible for air quality in two or more adjoining pro.c(inces may by joint action in terms of subsection (1)declare an area falling within those provinces as a priority area.
Before publishing a notice in terms of subsection (l),the Minister or the relevant MEC or ME0 must follow a consultative process in accordance with sections 53 and 54.
The declaration of an area as a priority area may be withdrawn if the area is in compliance with ambient air quality standards for a period of no less than one year.
after consulting the air quality officers of any affected province and municipality, prepare a priority area air quality management plan for the area; and within six months of the declaration of the area, or such longer period as the Minister may specify, submit the plan to the Minister for approval.
@ within six months of the declaration of the area, or such longer period as the MEC may specify, submit the plan to the MEC for approval.
after consulting the national air quality officer and the air quality officers of the affected municipalities, prepare a priority area air quality management plan for the area; and within six months of the declaration of the area, or such longer period as the relevant MECs may specify, submit the plan to the MECs for approval.
must follow a consultative process in accordance with sections 53 and 54.
Gazette within 90 days of approval. An approved plan takes effect from the date of publication.
must address air quality in the area; and may for this purpose provide for the establishment of a committee representing relevant role players.
A priority area air quality management plan lapses when the declaration of the area as a priority area is withdrawn in terms of section 18 (6).
the permissible amount or concentration of that substance or mixture of substances that may be emitted; and the manner in which measurements of such emissions must be carried out.
may contain transitional and other special arrangements in respect of activities which are carried out at the time of their listing; and must determine the date on which the notice takes effect.
Paragraph (a) need not be complied with if-the notice is amended in a non-substantive way.
anywhere in the Republic carry out an activity listed on the national list or commence with the construction of infrastructure for the carrying out of such a listed activity; or in a province carry out an activity listed on the list applicable in that province or commence with the construction of infrastructure for the carrying out of such a listed activity.
The Minister or the MEC responsible for air quality in a province may, by notice in the Gazette, declare any appliance or activity, or any appliance or activity falling within a specified category, as a controlled emitter if such appliance or activity, or appliances or activities falling within such category, result in atmospheric emissions which through ambient concentrations, bioaccumulation, deposition or in any other way, presents or is likely to present a threat to health or the environment.
When the Minister or the MEC responsible for air quality in a province declares an appliance or activity, or any appliance or activity falling within a specified category, as a controlled emitter in terms of section 23, the notice referred to in that section must establish emission standards for such appliance or activity, which must include standards setting the permissible amount or concentration of any specified substance or mixture of substances that may be emitted from the controlled emitter.
The Minister must by regulation in terms of section 50 prescribe the manner in which measurements of emissions from controlled emitters must be carried out.
No person may manufacture, sell or use any appliance or conduct an activity declared as a controlled emitter unless that appliance or activity complies with the standards established in terms of section 24.
nation-wide in respect of an appliance or activity declared by the Minister; or in a relevant province only, in respect of an appliance or activity declared by the MEC responsible for air quality in that province.
declare any substance contributing to air pollution as a priority air pollutant; and require persons falling within a category specified in the notice to prepare, submit to the Minister or MEC for approval and implement pollution prevention plans in respect of a substance declared as a priority pollutant in terms of paragraph (a).
The Minister or MEC may, by written notice to a person carrying out a listed activity and which involves the emission of a substance declared as a priority pollutant, require that person to prepare, submit to the Minister or MEC for approval and implement a pollution prevention plan, whether or not that person falls within a category specified in terms of subsection (l)(b).
Pollution prevention plans must comply with requirements as may be prescribed by the Minister or MEC by regulation in terms of section 50 or 51.
the air quality officer reasonably suspects that the person has on one or more occasions contravened or failed to comply with this Act or any conditions of a licence and that such contravention or failure has caused, or is likely to cause, a detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage, or has contributed to, or is likely to contribute to, the degradation of ambient air quality; or a review of an atmospheric emission licence is undertaken in terms of section 42.
steps that must be taken to prevent nuisance by dust; or other measures aimed at the control of dust.
the rehabilitation of the area where the mining operations were conducted after mining operations have stopped; and the prevention of pollution of the atmosphere by dust after those operations have stopped.
The Minister or the MEC responsible for air quality in a province may, by regulation in terms of section 50 or 51, prescribe measures for the control of offensive odours emanating from specified activities.
The occupier of any premises must take all reasonable steps to prevent the emission of any offensive odour caused by any activity on such premises.
Metropolitan and district municipalities are charged with implementing the atmospheric emission licensing system referred to in section 22,and must for this purpose perform the functions of licensing authority as set out in this Chapter and other provisions of this Act, subject to subsections (2), (3) and (4).
If a metropolitan or district municipality has delegated its functions of licensing authority to a provincial organ of state in terms of section 238 of the Constitution, that provincial organ of state must for the purposes of this Act be regarded as licensing authority in the area of that municipality.
If a province has in terms of section 139 of the Constitution intervened in a metropolitan or district municipality on the ground that that municipality cannot or does not fulfil its obligations as licensing authority in terms of this Act, a provincial organ of state designated by the province must for the duration of the intervention be regarded as licensing authority in the area of that municipality.
that application; and the implementation of this Act in relation to any licence that may be issued to the municipality.
A person must apply for an atmospheric emission licence by lodging to the licensing authority of the area in which the listed activity is or is to be carried out, an application on the form prescribed by the licensing authority.
a processing fee as may be reasonably prescribed by the, Minister by-regulation in terms of section 50; and any documentation and information as maybe reasonably prescribed by the licensing authority.
may invite written comments from any organ of state which has an interest in the matter; and must afford the applicant an opportunity to make representations on any adverse statements or objections to the application.
Section 24 of the National Environmental Management Act and section 21 of the Environment Conservation Act applies to all applications for atmospheric emission licences, and both an applicant and the licensing authority must comply with the requirements of those sections.
An applicant must take appropriate steps to bring the application to the attention of relevant organs of state, interested persons and the public.
giving particulars of the listed activity, including the place where it.
any guidelines issued by the Minister or the MEC responsible for air quality in the relevant province relating to the performance by licensing authorities of their functions.
The licensing authority may -grant an application; or refuse the application.
Any decision by a licensing authority to grant an application must be consistent with -this Act and any other applicable national or provincial legislation; any applicable national or provincial environmental management policies; any decision in terms of section 24 of the National Environmental Management Act or section 21 of the Environment Conservation Act; the national environmental management principles set out in section 2 of the National Environmental Management Act; any transitional and other special arrangements contemplated in section 21(3)(b); any minimum standards for atmospheric emissions of identified substances or mixtures of substances as contemplated in section 21(3); any applicable pollution prevention plan contemplated in section 26; the objectives of any applicable air quality management plan; and any ambient air quality or emission standards that have been determined in terms of this Act.
in a manner determined by the licensing authority, notify any persons who have objected to the application; and atthe request of any person referred to in paragraph (a) or (b), give written reasons for its decision or make public its reasons.
If an application for an atmospheric emission licence has been granted in terms of section 37(l)(a), the licensing authority must first issue a provisional atmospheric emission licence to enable the installation and commissioning of the listed activity.
as the licensing authority may determine; and as the Minister or the MEC responsible for air quality in the relevant province has prescribed by regulation in terms of section 50or 51 for listed activities of the kind in question.
The holder of a provisional atmospheric emission licence is entitled to an atmospheric emission licence when the commissioned facility is in full compliance with the conditions and requirements of the provisional atmospheric emission licence for a period of at least six months.
as are specified in terms of section 40 as the licensing authority may determine; and as the Minister or the MEC responsible for air quality in the relevant province has prescribed by regulation in terms of section 50 or 51 for listed activities of the kind in question.
greenhouse gas emission measurement and reporting requirements; and any other matters which are necessary for the protection or enforcement of air quality.
A person may apply for permission for the transfer of an atmospheric emission licence by lodging to the licensing authority of the area in which the listed activity is carried out, an application on the form prescribed by the licensing authority.
a processing fee as may be reasonable prescribed the Minister by regulation in terms of section 50; and any documentation and information as maybe reasonable prescribed by the licensing authority.
When considering an application for the transfer of an atmospheric emission licence, the licensing authority must take into account all relevant matters, including whether the person to whom the licence is to be transferred is a fit and proper person determined in accordance with the criteria set out in section 46.
A licensing authority must review a provisional atmospheric emission licence or an atmospheric emission licence at intervals specified in the licence, or when circumstances demand that a review is necessary.
The licensing authority must inform the licence holder and the relevant provincial air quality officer, in writing, of any proposed review.
For purposes of the review, an air quality officer may require the licence holder to compile and submit an atmospheric impact report contemplated in section 27.
if it is necessary or desirable to accommodate demands brought about by impacts on so&-.
if it is transferred to another person in terms of section 41; or if it is reviewed in terms of section 42.
the removal of a condition or requirement; or the amendment of a condition or requirement.
the variation of the licence will authorise an increase in atmospheric emissions; and the proposed variation has not, for any reason, been the subject of an authorisation in terms of any other legislation and public consultation.
stating a reasonable period within which written representations on or objections to the request maybe submitted, and the address or place where representations or objections must be submitted; and containing such other particulars as the licensing authority may require.
Sections 35and 37,read with the necessary changes as the context may require, apply to the variation of an atmospheric emission licence.
An atmospheric emission licence may, on application by the holder of the licence, be renewed by a kensing authority.
The holder of an atmospheric emission licence must before the expiry date of the licence apply for the renewalof the licence to the licensing authority of the areain which the listed activity is carried out, by lodging to the licensing authority an application on the form prescribed by the licensing authority.
a processing fee as may be reasonably prescribed Minister by regulation in terms of section 50; @ proof that the relevant provincial air quality officer has been notified of the application; and any documentation and information as may be reasonably prescribed by the licensing authority.
The holder of a provisional atmospheric emission licence may not apply for the renewal of the provisional licence more than once.
Sections 35,37and 40,read with the necessary changes as the context may require, apply to an application for the renewal of an atmospheric emission licence.
An air quality officer may require the holder of an atmospheric emission licence to designate an emission control officer, having regard to the size and nature of the listed activity for which the licence was granted.
Nothing in this section affects the obligations and liability of the holder of a licence to comply with the conditions and requirements of the licence.
take all reasonable steps to ensure compliance by theholder of the licence with the licence conditions and requirements.
or (b) applies; and whether the management of the listed activity which is the subject of the application will or will not be in the hands'of a technically competent person.
trans-boundary air pollution; or air pollution that violates, or is likely to violate, an international agreement binding on the Republic in relationtothe prevention, control or correction of pollution, as a result of a substance or substances being released into the air from a source.
If, after such investigation, the Minister is of the opinion that the release of a substance into the air from a source in the Republic may have a significant detrimental impact on air quality, the environment or health in a country other than the Republic, the Minister may in terms of section 50 prescribe regulations for the purposes of preventing, controlling or correcting the releases within the Republic.
the Cabinet member responsible for foreign affairs; and the MEC responsible for air quality in each of the provinces concerned.
the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister; and the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance.
The Minister may, through the Cabinet member responsible for foreign affairs, advise the government of any country that would be affected by or benefit from the identification, notice or regulation before it is published.
contravenes or fails to comply with a condition subject to which exemption fiom a provision of this Act was granted in terms of section 56.
A person operating a controlled emitter is guilty of an offence if specified pollutants at concentrations above the standards for such pollutants are'emitted from that controlled emitter.
A person convicted of an offence referred to in section 48 is liable to a fine, or to imprisonment for a period not exceeding ten years, or to both such fine and such imprisonment.
any matter necessary to give effect to the Republic's obligations in terms of an international agreement relating to air quality; matters relating to environmental management co-operation agreements, to the extent that those agreements affect air quality; emissions, including the prohibition of emissions, fiom point, non-point and mobile Sourcesof emissions, including motor vehicles; the regulation of noise; open fires or incinerators; ozone depleting substances; codes of practice; records and returns; labelling; trading schemes; powers and duties of air quality officers; appeals against decisions of officials in the exercise of their powers and functions in terms of the regulations; incentives to encourage change in behaviour towards air pollution by all sectorsin society; requirements in respect of monitoring; the avoidance or reduction of harmful effects on air quality from activities not otherwise regulated in terns of this Act; or any other matter necessary for the implementation of this Act.
The MEC responsible for air quality management in a province may make regulations for the province, not inconsistent with this Act, in respect of any matter which the MEC.may or must make in terms of this Act, including a matter referred to in section 50 (c) to @).
incorporate by reference any code of practice or national and international standard relating to air quality.
Before publishing any regulations in terms of section 50 or 51, or any amendment to the regulations, the Minister or MEC must follow a consultative process in accordance with sections 53and 54.
Paragraph (a) neednotbecompliedwith if the regulations are amended in a non-substantive way.
Before exercising a power which, in terms of a provision of this Act, must be exercised in accordance with this section and section 54, the Minister or MEC responsible for air quality in the province must follow a consultative process as may be appropriate in the circumstances.
in accordance with the principles of co-operative governance as set out in Chapter 3 of the Constitution, consult the MEC responsible for air quality in each province that will be affected by the exercise of the power; and allow public participation in the process in accordance with section 54.
in accordance with the principles of co-operative governance as set out in Chapter 3 of the Constitution, consult the Minister and all other national organs of state that will be affected by the exercise of the power; and allow public participation in the process in accordance with section 54.
invite members of the public to submit to the Minister or MEC, within 30 days of publication of the notice in the Gazette, written representations on or objections to the proposed exercise of the power; and contain sufficient information to enable members of the public to submit meaningful representations or objections.
The Minister or MEC may in appropriate circumstances allow any interested person or community to present oral representatio, ns or objections to theMinister or MEC, or a person designated by the Minister or MEC.
any of the powers or duties assigned to the Minister or MEC in terms of this Act, excluding the power to publish or amend a regulation in terms of section 50 or 51or a notice in terms of section 7 (l),9 (l),10 (l),18 (l),21 (l),23 (1)or 26(1);or any powers or duties reasonably necessary to assist the Minister in exercising a power or complying with a duty assigned to the Minister in terms of this Act.
The Minister or MEC must regularly review and, if necessary, amend or withdraw a delegation in terms of subsection (1).
may authorise that official to sub-delegate, in writing, the delegated power or duty to another official in the department, or to the holder of a specific post in the department; and does not divest the Minister or MEC of the responsibility concerning the exercise of the delegated power or the performance of the delegated duty.
The Minister or MEC may confirm, vary or revoke any decision taken by an official as a result of a delegation or sub-delegation in terms of this section, subject to any rights that may have become vested as a consequence of the decision.
An application in terms of subsection (1)must be accompanied by reasons.
The Minister may require an applicant applying for exemption to take appropriate steps to bring the application to the attention of relevant organs of state, interested persons and the public.
@ containing such other particulars concerning the application as the Minister may require.
from time to time review any exemption granted in terms of this section; and on good grounds withdraw any exemption !
the MEC responsible for air quality in a province; or a metropolitan or district municipality.
The Atmospheric Pollution Prevention Act is hereby repealed subject to subsection (2) and (3) and section 58.
Anything done or deemed to have been done under a provision repealed by subsection and which can be done in terms of a provision of this Act must be regarded as having been done under the provision of this Act.
(1)and which can be done in terms of the constitutional or statutory powers of a municipality, remain in force in the area of a municipality until repealed by the municipality of that area.
At the commencement of this Act all existing provisional and permanent registration certificates issued in respect of processes identified in Schedule 2 of the Atmospheric Pollution Prevention Act must be deemed to be provisional atmospheric emission licences issued in terms of this Act for a period of two years fiom the commencementof this Act.
The national air quality officer must issue written confirmation to holders of such registration certificatesof the change in statusof their atmospheric e~ssion authorisation within 90 days of the commencement of this Act.
The holders of a written confirmation referred to in subsection (2) must make an application for an atmospheric emission licence within one year of the commencement of this Act.
Failure to make the necessary application within the period provided under subsection renders the provisional atmospheric emission licence contemplated in subsection (1)null and void.
The holder of a provisional atmospheric emission licence contemplated in subsection (1) is entitled to an atmospheric emission licence when the facility for which the licence is issued is in full compliance with the requirements of the provisional atmospheric emission licence.
Despite subsection (5)the licensing authority may require a review of the provisional atmospheric emission licence in terms of section 42 or a variation as provided for in section 43 before the atmospheric emission licence contemplated in of subsection (5) is granted.
Pending the publication of listed activities as contemplated in section 21, the processes identified in Schedule 2 of the Atmospheric Pollution Prevention Act must for the purposes of this Act be regarded to be listed activities.
ambient concentrations of ozone (03) may not exceed -an instant peak of 1.25 parts per million measured at 25' Celsius and normal atmospheric pressure; a one hour average of 0.
ambient concentrations of the oxides of nitrogen NO$ may not exceed -an instant peak of 1.4 parts per million measured at 25' Celsius and amma1 atmospheric pressure; aonehour average of 0.
a twenty four (24) hour average of 0.
aonemonth average of 0.
69 an annual average of 0.
ambient concentrations of nitrogen dioxide (NO2) may not exceed -an instant peak 0.5 parts per million measured at 25' Celsius and normal atmospheric pressure; aone hour average of 0.2 parts per million measured at 25' Celsius and normal atmospheric pressure; a twenty four hour average of 0.1 parts per million measured at 25' Celsius and normal atmospheric pressure and the 24 hour limit may not be exceeded more than three times in one year; a one month average of 0.08 parts per million measured at 25' Celsius and normal atmospheric pressure; an annual average of 0.
a ten minute average instant peak of 0.
a twenty four hour average of 0.
an annual average of 0.
ambient concentrations of lead (Pb) may not exceeda one month average of 2.
annual average of 100 micrograms per cubic meter (pg/m3).
<fn>GOV-ZA.25289bEn.2012-02-10.en.txt</fn>
241(l)(b) of the National Assembly and Rule186(l)(a)of the National Council of Provinces.
The draft bill will be -tabled in Parliament in August 2003 for consideration. Written comments and inputs are invited from interested and affected parties and public.
Fax:(021) 403 2604 2.
The National Environmental Management Second Amendment Bill contains amendments to chapter 5 of the National Environmental Management Act (Act 107 of 1998) (NEMA), on integrated environmental management.
The Bill seeks toamendNEMAtoenable the system of environmentalimpact assessments and related management tools to be regulated in terms of NEMA, rather than under the Environment Conservation Act (Act 73 of 1989). In doing so the Bill introduces certain improvementsto the system of environmental impact management.
Cabinet on 16 April 2003 and published for comment on 22 April 2003. The closing date approximately 40 institutions and individuals. Amendments have been made to the Bill to streamline and simplify certain provisions. No substantive policy changes have been made to the Bill previously approved by Cabinet.
referred to in chapter 5 of the Act.
"evaluation", "environmental assessment practitioner", 'review" and "specified activity".
Section 24(1) stipulates that the potential impact on the environment of listed activities must be considered, assessed and reported on to the competent authority.
geographical areas, whichwillalso be subject to environmental impact assessments.
An additional clause addedto the Bill empowers the Minister and relevantMEC to identify areas in which specified activities may be excluded from authorization.
Section 24(4) grants the Minister and relevant MEC the power to make regulations in a number of instances. This sectionnow also provides for the Minister and relevantMEC to make regulations regarding review mechanisms and procedures.
Section 24D requires that lists of activities and/or areas should be published as well asthe date on whichthelistcomesintoeffect. Section 24E provides for minimumcontent of environmental authorizations and was amended to also provide for the transfer of rights and obligations when a change of ownership occurs.
Section 24F establishes offences and fines for contraventions of this bill. The undertaking of any listed or specified activii without an environmental authorizationor in contravention ofanauthorisation, constiutes an offence, unless it is, intheopinion of theMinister, undertaken in response to an emergency. The calculation of fines was amended to a fixed monetary value(R 5 000 000in section 24F(4)).
Sections 24H and 241 provide for the possibilityof approving environmental authorizations ex post facto. A substantial fine, the calculationof which was replaced by fixed monetary values (R500 000 in the case of a contravention of the Environment Conservation Act, 1989 and R 1 million in the case of a contravention of this Act) will, however, be payable and should act as deterrent. The amended section 245 grants the Minister and relevant MECthe power to appoint external specialist reviewers in certain instances.
As national and provincial departments currently administer the system of environmental impact assessments, it is not anticipated that the Bill will increase the financial resources required for administering Elk.
Amendment of section1of Act 107 of 1998 1.
the insertion after the definition of "specific environmental management Act" of the following definition: " 'Specifiedactivity' whenused in Chapter 5 means an activity as specified . within a listed geographical area in terms of section 24(2)(b) and (c);~'.
Amendment of section 24 of Act 107 of 1998 2.
In order to give effect to the general objectives of integrated environmental management laid down in this Chapter, the potential impact on the environment of listed activities must be considered, investigated, assessed and reported on to the competent authority charged by this Act with granting the relevant environmental authorisation.
Providedthat authorisation for an activity that falls under the jurisdiction of another Minister or MEC, a decision in respect of paragraph (a) to (d) must be taken after consultation with such other Minister or MEC.
The Minister, and every MEC with the concurrence of the Minister, may prepare compilations of information and maps that specify the attributes of the environment in particular geographical areas, including the sensitivity, extent, interrelationship and significance of such attributes which must be taken into account by every competent authority.
investigation and formulation of arrangements for the.
that the findings and recommendations flowing from such investigation, and the general objectives of integrated environmental management laid down in this Act and the principles of environmental management set out in section 2 are taken into account in any decision made by an organ of state in relation to the proposed policy, programme, plan or project; and that environmental attributes identified in the compilation of information and maps as contemplated in subsection (2A) are considered.
@ laying down the procedure to be followed in applying for, the.
any other matter necessary for dealing with making and evaluating applications for environmental authorisations.
An MEC maymake regulations in termsof section 24(4) only in respect of listed activities or areas in respect of which the MEC or the provincial department responsible for environmental affairs is the competent authority.
Compliance with the procedure laid down by the Minister or an MEC in termsof subsection (4) does not removetheneed to obtainan authorisation other than an environmental authorisation, for that activity from any organ of state charged by law with authorising, permitting or otherwise allowing the implementation of the activity.
Authorisations or permits obtained under any other legislation for an activity listed or specified in terms of this Act does not absolve the applicant from obtaining authorisation under this Act and any such other authorisations or permitsmay only be considered by the competent authority if it is in compliance with section 24(3)(d).
@ the activity will affect compliance with obligations resting on the Republic under customary or conventional international law.
The following sections are.
inviting interested parties to submit written comments on the proposed listing within a reasonable period.
The Minister may delist an activityor area made by the Minister in terms of subsection 24(2).
The MEC may, with the concurrence of the Minister, delist an activity or area made by the MEC in terms of sub-section 24(2).
The Minister 01 MEc mustcomply with section 244 read with the changes required by the context, before delisting an activity or area in terms of this section.
When listing activities in terms of section 24(2) the Minister, or the MEC with the concurrence of the Minister, must identify the competent authority responsible for granting environmental authorisations in respect of those activities.
will take place within a national proclaimed protected area or other conservation area under control of a national authority.
in respect of which the MEC is identified as the competent authority may be dealt with by the Minister.
24D Publication of list The Minister or MEC must publish in the relevant Gazette a notice listing activities and areas identified in terms' of subsection 24(2) and listing the competent authorities identified in terms of subsection 24C and the date on which the list would come into effect.
that the property, site or area is specified and that provision is made for the transfer of rights and obligations when a change of ownership thereof occurs.
Notwithstanding the provisions of any other Act, no person may commence an activity listed in terms of section 24(2)(a),(b) and (c) unlessthecompetent authority has granted an environmental authorisation for the activity, and no person may continue an existing activity listed in terms of section 24(2)(d) if an application for an environmental authorisation is refused.
in contravention of the environmental authorisation granted for the activity.
Sub-sections(1)and (2) do not apply if the activity was commenced or continued in response to an emergency, in the opinion of the Minister or MEC, involving the safety of humans or property or the protection of the environment.
A person convicted of an offence in terms of subsection (2) is liable to a fine or imprisonment for a period not exceeding ten years, or to both a fine and such imprisonment. A fine imposed intermsof this section shall not exceed R5,000,000.
A person convicted of an offence in terms of subsection (2), and who after such conviction persists in the act or omission which constituted the offence, shall be guilty of a continuing offence and liable on conviction to a fine or to imprisonment for a period not exceeding 10 (ten) days for every day on which he or she so persists with such act or omission, or to both such fine and imprisonment.
Any association proposing to register its members as environmental assessment practitioners may apply to the Minister to be appointed as a registration authority in such manner as the Minister may determine.
a code of conduct regulating the ethical and professional conduct of members of the association; and any other prescribed requirements.
by notice in the Gazette, appoint the association as a registratiqn authority; or on notice to the association, refuse to appoint the association as a registration authority.
The Minister forgood cause and on notice to the association may terminate the appointmentof an association as a registration authority.
The Minister must maintainaregister of allassociationsappointed as registration authorities in terms of this section.
iv an environmental management plan; and vprovidesuch other information or undertake such further studies as the Ministeror MEC deem-necessary.
(2'J Upon the payment by the person of afinenotexceeding R1,000,000.
@ issue an environmental authorisation to such person subject to such conditions as the Minister orMEC may deem necessary.
24 I Activitiescommenced or continued in contravention of the Environment Conservation Act1989, (Act No.
(1)Notwithstanding any other powers they mayhave, the Minister or MEC may direct any person who has commenced or continued any listed activity in contravention of the ECA, or caused any listed activity to be commenced or continued in contravention of the ECA, to compile a report containing the information as described in section 24H(i)(a)(i-v).
@ Upon the payment by the person of a fine not exceeding R500,0o0.
direct such person to cease the activity, either wholly or in part and rehabilitate the environment subject to such conditions as the Minister or MECmay deem necessary;or issue an environmentalauthorisation to such person subject to such conditions as the Minister orMEC may deem necessary.
Activities that remain in contravention of the ECA 6 months after the promulgation of this amendment Act, may be declared illegal by notice in the Gazette by the Minister and must be dealt with as offences in terms of section 24F(2).
any directive issued in terms of chapter 5 of this Act.
An appeal under subsections (1) to (3) must be noted and must be dealt with in the manner prescribed and upon paymentof a prescribed fee.
The Minister or MEC, as the case may be, may, either consider and decide an appeal or appoint an appeal panel to consider and advise the Minister or MEC on the appeal.
The Minister or MEC may, after considering such an appeal, confirm, set aside or vary the decision, provision, condition or directive or make any other appropriate order, including an order that the prescribed fee paid by the appellant, or any ph thereof, be refunded.
Amendment of section 47 of Act 107 of 1998 6.
the validity of anything done in terms of the regulation before it lapsed; or arightorprivilegeacquired or an obligation or liability incurred before it lapsed.
Amendment of section 50 of Act 107of 1998 7.
"(3) Any application made in terms of sections 21 or 22 of the Environment Conservation Act, 1989 (Act 73'of 1989) that has commenced but not been finalised when those sections are repealed, shall be finalised as if those sections had not been repealed."
In order to ensure that the transition between the legal requirements of sections 21,22 and 26 of the Environment Conservation Act, 1989 (Act 73 of 1989) and the requirements of this Act is efficient, the Minister may through notice in the Gazette list activities included in government notice R1182 of 5 September 1997 that will remain valid from a date to be published by the Minister in the Gazette until such time as a MEC promulgates a list of activities for that province.
Substitution of Schedule 3 to Act 107of 1998 8.
No.
Act No.
Act No. 71 of 1962 Act No.
Act No. 63 of 1977 Act No. 73 of 1980 Act No. 6 of 1981 Act No. 43 of 1983 Act No.
Act No. 73 of 1989 Act No.
Section 151(I)and (j)Act No.
This Act is calledtheNationalEnvironmentalManagementSecondAmendment Act, 2003, and takes effect on a date determined by thePresident by proclamation.
<fn>GOV-ZA.25289cEn.2012-02-10.en.txt</fn>
transfer the responsibilities allocated to me Minister of WaterAffairsand Forestry in terms of section 20 of the act with regardto the permitting and administration of landfill waste sites to the Minister of Environmental Affairs and Tourism.
Thedraft bill willbe tabled in Parliament in August 2003 for consideration. Written comments and inputs are invited from interested and affected parties and the public. These must be submitted.
The transfer of the management of waste sites from the Ministerof Waster Affairs and ForestrytotheMinisterofEnvironmentalAffairsandTourism.
TheadditionofthepowerbytheMinister of EnvironmentalAffairsandTourismto make regulations regarding products which by their nature may pose a hazard to the environment and/or human health if and when they reach the waste.
stream. A topical example is asbestos products.
Touriim. This transfer has been agreed between the respective Ministers.
(AS introduced in theNational Assembly as a section 76 Si//; Bill published in GovernmentGazetteNo.
enable the Minister of Environmental Affairs and Tourism to make regulations regarding financial aspects for identified waste streams; to make regulations regarding product control forwaste management; to provide for the transfer of the administration of waste disposal sites from the Minister of Water Affairs and Forestry to the Minister of Environmental Affairs and Tourism; and to provide for matters connected therewith.
Waste Management.
(c)refusetoissueapermit; provided thatthe [such] Minister may exempt any person or category of persons from obtaining a permit, subject to such conditions as he may deem fit.
Any application for a permit referred to in subsection(1) shall be in the form and be accompanied by such information as the Minister may prescribe.
(l),he may demand such information from the applicant.
The Minister [of Water Affairs] shall maintain a register in which details of every disposal site for which a permit has been issued shall be recorded.
The Minister [of Water Affairs] may from time to time by notice in the Gazette issue directions with regard -to handling particular types of waste; and withdrawn fromuse or utilised for another purpose.
Amendment of section 24 of Act 73 of 1989 2.
240 the imDosition of compulsorv chargina, deposits or related financial measures on waste streams or specified items in waste streams with the concurrence of the Minister of Finance.
Insertionof section 248 in Act 73 of 1989 3.
<fn>GOV-ZA.25302En.2012-02-10.en.txt</fn>
Vol. 458 Cape Town 4 August 2003 No.
The Minister for Justice and Constitutional Development intends introducing the Constitution of the Republic of South Africa Third Amendment Bill, 2003, in the National Assembly. The particulars of the proposed amendments are hereby published for public comment in accordance with section74(5)(a) of the Constitutionof the Republic of South Africa, 1996 (Act 108of 1996).
4 No.
Words in bold type in brackets omissions existing enactments.
Wordsunderlined -with- a-- solid-line indicate insertions in existing enactments.
To amend the Constitution of the Republic of South Africa,1996, in order to make provision for the appointment of two Deputy Presidents to the Supreme Courtof Appeal; to make provision for the conversion of the various High Courts into a single High Court of South Africa; andto provide for matters connected therewith.
Amendment of section 166 of Act 108 of 1996 1.
Amendment of section 167 of Act 108 of 1996, as amended by section11 of Act 34 15 of 2001 2.
Amendment of section 168 of Act 108 of 1996, as amended by section 12 of Act 34 of 2001 3.
"(1)The Supreme Court of Appeal consists of a President,[a Deputy President] two Deputy Presidents and the numberof judges of appeal determined in terms of an Act of Parliament.".
Substitution of section 169 of Act 108 of 1996 4.
is assigned by an Act of Parliament to another court of a status and Court; High a to similar any other matter not assigned to another court anbyAct of Parliament.
The High Court of South Africa consists of the Divisions, with the areas of jurisdiction, as determined in terms of an Act of Parliament.
Amendment of section 172 of Act 108 of 1996 5.
Substitution of section 173 of Act 108 of 1996 6.
The Constitutional Court, SupremeCourt of Appeal andHigh [Courts] Court of South Africa have the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interestsof justice.
Amendment of section 174 of Act 108 of 1996, as amended by section 13 of Act 34 of 2001 7. Section 174of the Constitution is amended by the substitution for subsection(3)of subsection: following the?
"(3)The President as head of the national executive, after consulting the Judicial ServiceCommissionandtheleaders of parties representedintheNational Assembly, appointsthe Chief Justice andtheDeputyChiefJusticeand, after consulting the Judicial Service Commission, appoints the President and Deputy [President]Presidents of the Supreme Court of Appeal.".
6 No.
Amendment of section 178 of Act 108 of 1996, as amended by section 2 of Act 65 of 1998 and section 16 of Act 34of 2001 8.
"(k) when considenng manersrelatlng to a specific Division of the High Court of South Africa, the Judge President of that [Court] Division designated by each of them."
"(7) If the Chief Justice or the President of the Supreme Court of Appeal is temporarily unable to serve on the Commission, the Deputy ChiefJustice or [the] 2 DeputyPresident of the SupremeCourt of Appeal, a$ the casemaybe, acts as his or her alternate on the Commission.".
Amendment of Schedule 6 to Act 108 of 1996, as amended by section 3 of Act 35 of 1997, section 5 of Act 65 of 1998 and 20 of Act 34 of 2001 9. Schedule 6 to the Constitution is amended by the addition to item 16 of the following subitem: "(8) Anyoneholding office, when theAct of Parliament referred to in section 169(2) of the new Constitution takes effect, as a Judge President, Deputy Judge President or a judge of a High Court, becomes a Judge President, Deputy Judge President or judge of the relevant Division of the High Court of South Africa in accordance with the provisionsof that Act.".
The Bill amends the Constitution of the Republic of South Africa, 1996 (Act No.
Firstly, provision is made for a single "High Court of South Africa", consisting of the Divisions, with the areas of jurisdiction, as determined in terms of an Act of Parliament.
Secondly, provision is made for the appointment of a second Deputy President of the Supreme Court of Appeal.
The amendments contained in the Bill are required in order to constitutionally sanction certain corresponding provisions of the Superior Courts Bill, 2003. The Superior Courts Bill will largely be giving effect to item 16(6) of Schedule 6 to the Constitution, in terms of which all courts mustbe rationalised with the view to establishing a judicial system suited to the requirements of the Constitution. This Bill aims to rationalise and to consolidate the laws pertaining to the Constitutional Court, the Supreme Court of Appeal and the High Courts, referred to collectively as the "Superior Courts". It also merges the Labour Court and the Labour Appeal Court with the proposed High Court of South Africa and the Supreme Courtof Appeal, respectively.
Parliamentary Procedure: The State Law Advisers and the Department of Justice and Constitutional Development are of the opinion that the Bill must be dealt with in accordance with the procedure established by section 74(3) of the Constitution, since it amends provisions of the Constitution other than section 1, section 74(1) or Chapter 2.
<fn>GOV-ZA.25391En.2012-02-10.en.txt</fn>
The Department of Housiig hereby publishes the draft Prevention of Illegal Eviction information, discussion and comment.
"court" means any division of the HighCourt or the magistrate'scourt in whose area or jurisdiction the land in question is situated, and includes a Special Tribunal established under section 2 of the Special Investigatinq Units and Special Tribunals Act, 1996 (Act No. 74 of 1996)anda LandClaimsCourtestablishedundersection 22 of the Restitution of Land Act,1994 (Act No. 22 of 19941.
"unlawful occupier" means a person who occupies land without the express or tacit consent of the owner or person in charge, or without any other right in law to occupy such land, excluding a person who is an occupier in terms of the Extension of Security of Tenure Act, 1997, and excluding a person whose informal right to land, but for the provisions of this Act, would be protectedby the provisions of the Interim Protectionof Informal Land Rights Act,1996 (Act 31 of 1996),and excludinq anv person who havinq initially occuDied with such consent thereafter continues to OCCUDY once such consent has been withdrawn.
Amendment of section 2 of Act 19 of 1998.
to any land acquired by way of a sale in execution or iudicial sale of property.
Amendment of section 3 of Act 19 of 1998.
[3. Prohibition of receipt or solicitationofconsideration in respect of unlawfuloccupationof land.
[(2)] &Any person who contravenes[a] any of the provision2 of subsections (1) and (2)is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding two years, or to both such tine and such imprisonment.
than the landlord or his or her agent such money shall be paid to the landlord or his or her authorised et.
Amendment of Section 4 of Act 19 of 1998.
[Subject to the provisions of subsection (2),] [t] Lhe procedure for the serving of notices and filing of papers in terms of this Act is as prescribed by the rulesof the court in question.
10 No.
Notwithstandinganyprovision of any other law, a magistrate'scourt aswellas a SDecial Tribunal established under section 2 of the Special lnvestiaatinq Units and Special Tribunals Act, 1996 (Act No. 74 of 1996) and a Land Claims Court established under section 22 of the Restitution of Land Riahts Act, 1994 (Act No. 22 of 1994) [has] have jurisdiction to issue any order or instruction or to impose any penalty authorised bythe provisions of this Act.
<fn>GOV-ZA.2539En.2012-02-10.en.txt</fn>
The United Nations Secretary General, Ban Ki-moon, has strongly urged South Africa's 2010 FIFA World Cupâ organisers to grab the powerful opportunity to use the tournament to change Africa's image.
What do you think of the Waka Waka World Cup theme song?
I don't like it!
It's grow on me!
<fn>GOV-ZA.25415En.2012-02-10.en.txt</fn>
2 No.
Parliament during this year.
Interested persons are invited to submit any substantiated comments or representations on the Sterilisation Amendment Bill, 2003 to the Director-General of Healthfor the attention ofthe Chief-Director: Maternal, Child and Women's month of the date of publicationof this notice.
To amend the Sterilisation Act, 1998, so as to substitute, a definition; to make provision for a medicalopinion in certaincircumstances; to provide for additional information to be considered when contemplating sterilisation; and to provide for matters connected therewith.
'sterilisation' means a surgical procedure performed for the purpose person is rendered permanently incapableof fertilisation or reproduction.
Amendment of section 2 of Act 44 of 1998 2.
by the substitution in subsection(3) for paragraph(a) of the following paragraph:,.
health.
A Person contemplated in ParaQraph (a).m& be sten'lised -if-.
is familiar with the person to be sterilised, has provided a written opinion to the effect that sterilisation is in the best interestof that person.
Amendment of section 3 of Act 44 of 1998 3.
the likelihood that the person will become capable of consenting to sterilisation; and (vli) whether the sterilisation is in the best interests of the person to be starilised, concurs that steriiisation may be performed; and'I.
Amendment of section 4 of Act 44 of 1998 4. Section 4 of the principal Act is hereby amended by the substitution for paragraph (c)of the following paragraph: "(c) understood and signed the prescribed consent form.".
<fn>GOV-ZA.2542En.2012-02-10.en.txt</fn>
Botha Sigcau Opening EPWP Month www.services.gov.
Indien die aansoeker die aanneemouer is en die aanneming is gemaak op grond van bedrog, wanvoorstelling of Justus error.
Indien die hof die aannemingsbevel herroep moet die kind teruggeplaas word in die omstandighede wat geheers het voordat die aannemingsbevel uitgereik is met die voorbehoud dat die herroeping van die bevel nie indruis teen enige wettige stappe wat geneem is terwyl die aannemingsbevel van krag was nie.
By ontvangs van die kennisgewing sal die klerk van die kinderhof per geregistreerde pos aan die aanneemouers stuur by hulle laaste bekende adres.
Appèl teen 'n aannemingsbevel.
<fn>GOV-ZA.25438En.2012-02-10.en.txt</fn>
Vol. 459 Pretoria 10 September 2003 No.
STAATSKOERANT, 10 SEPTEMBER 2003 No.
Department of Provincial and Local Government Private Bag X804, Pretoria, 0002 87 Hamilton Street (c/o Hamilton and Proes Streets) Tel: (012) 3340600 .'
Visit our website at www.dplg.gov.
This White Paper moves from the premise that traditional leaders must constitute part of the cadre of leadershipthat should continue the struggle for a better life for all in a democratic South Africa. It recognises that traditional leadership, as an institution located in the rural areas, has a role to play in the fight against poverty, homelessness, illiteracy, and the promotion of good governance throughout all the corners of our country.
This White Paper marks a new era.
It opens a new chapter for the institution of traditional leadership to work closely with government in the reconstruction and development of rural areas. The task of building a democratic state requires that the values enshrined in the Constitution are sharedby all South Africans.
May I therefore, take this opportunity to thank all who have contributed to this historic process.
V Maleka and MsD Pienaar, the Director-General, MsL Msengana-Ndlela and the entire Department of Provincial and Local Government.
I am confident that this White Paper has laid a firm foundation for the enactment of both national framework andprovinciallegislation on the institution of traditional leadership.
Preamble10 <BR><BR>Objective of the White Paper 11 <BR><BR>Background to the White Paper Policy Process ..................................................................................11 <BR><BR>Summary of Chapters..........................................................................................................................
Accountability and Remuneration of Members of the National and Provincial Houses60 4.7.4.
The institution of traditional leadership occupies an important place in African life and, historically, in the body politic of South Africa. It embodies the preservation of culture, traditions, customs and values of the African people while also representing the early forms of societal organisation and governance. However, when South Africa adopted the Interim Constitution and, subsequently, the 1996 Constitution, our people declared the Republic of South Africa to be a sovereign, democratic State founded on a number of universal values, including the supremacy of the Constitution. This marked the ushering in of a new era.
Following the 1994 elections, the new government embarked on a course to transform the South African State. This included the transformation of institutions of governance in accordance with the new democratic order and constitutional principles such as equality and non-discrimination. One of these was the institution of traditional leadership. Like our forebears in the African continent, we were thereby presented with the singular challenge of defining the place and role of the institution of traditional leadership in the new system of governance. The new Constitution laid the basis for this and enjoined the new government to develop legislation that would conclusively address this matter.
For a while now, the Department of Provincial and Local Government has been engaged in this task. The Department initiated a policy process that involved, in the early stages, extensive research and the audit of traditional leadership. This exercise led to the publication of the Discussion Document: Towards a White Paper on Traditional Leadership and Institutions. This document was discussed at a consultative conference held in August 2000 and attended by all key stakeholders. At that conference there was consensus on the need to urgently transform the institution. In October 2002, the Department of Provincial and Local Government published a draft White Paper. The draft White Paper was subsequently disseminated widely to stakeholders and the general public. A large number of submissions were received.
White Paper on Traditional Leadership and Governance stemming from consultation workshops held in various parts of the country. The White Paper, therefore, draws from extensive consultations with the stakeholders and the general public.
The key issues addressed in the White Paper relate primarily to the place and role of the institution of traditional leadership in the new system of governance. It sets out a broad policy framework that lays the basis for the drafting of national framework legislation. This legislation will, in turn, set norms and standards that will inform the drafting of provincial legislation necessary to deal with peculiarities prevailing in various provinces. Mechanisms will be put in place to ensure consistency with the national framework legislation. The government has no doubt that the White Paper will go a long way towards restoring the dignity of the institution of traditional leadership and ensuring that it occupies its pride of place within the democratic system of governance.
It is the government's considered view that the institution not only has a place in our democracy, but that it has the potential to transform, to contribute enormously towards the restoration of the moral fibre of our society, and to play a significant role in the reconstruction and development of the country, especially in rural areas. It is also important that conditions for democratic governance and stability in rural areas are created so that accelerated service delivery and sustainable development can be achieved. This will only be possible if measures are taken to ensure that people in rural areas shape the character and form of the institution of traditional leadership at a local level, inform how it functions and hold it accountable.
Having addressed these issues before, the whole continent of Africa is watching with keen interest as our country grapples with the vexed questions this White Paper deals with. Being the beneficiaries of the experiences in Africa and elsewhere, government is confident that a solution to the uniquely South African situation is being found whilst at the same time contributing to the body of knowledge in this important aspect of governance.
The government therefore remains committed to continue working with all the people in ensuring that this White Paper is successfully implemented. I would like to thank all women and men who put their shoulders to the wheel to ensure the successful completion of this important policy process.
When the process of negotiations started in South Africa after the unbanning of the liberation movements, one of the issues tabled for discussion was the role and status of traditional leaders and traditional leadership institutions. The agreements reached in this regard were legislated upon in Chapter 11 of the 1993 Interim Constitution. All other outstanding issues were left to the processes which led to the adoption of the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996).
Section 211 of the Constitution provides that the institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution, and that a traditional authority that observes a system of customary law may function subject to any applicable legislation and customs, including amendments thereto.
Section 212 of the Constitution left the finer details regarding the issue of traditional leadership to legislation. The 1998 White Paper on Local Government laid the basis for transforming local government and highlighted the fact that the issue of traditional leadership would be addressed in a White Paper dealing specifically with traditional leadership issues.
In 1998, Cabinet endorsed a policy process that would lead to the finalisation of all outstanding issues around the institution of traditional leadership. Subsequently, in April 2000, the Department of Provincial and Local Government published a discussion document wherein a number of issues and challenges pertaining to the institution were raised for public comment. The inputs received on the discussion document and during subsequent consultations led to the development of a draft White Paper.
October 2002 for public comment and consultation. Following extensive consultations on the draft White Paper, this final White Paper was drafted.
restore the integrity and legitimacy of the institution of traditional leadership in accordance with customary law and practices.
The policy process comprised four phases. During the first phase, a national audit on the institution of traditional leadership was conducted. This audit focused on, among others, the identification of statutes in terms of which traditional leadership institutions were established or carried out their responsibilities, their role and functions, the relationship between the institution and other structures of governance and the relevant statistical information on traditional leadership.
This phase culminated in the production of the Status Quo Report (SQR), which is the founding document for this White Paper.
The second phase saw the production and launch of the Discussion Document: Towards a White Paper on Traditional Leadership and Institutions, in April 2000. This document outlined relevant issues on which policy was required.
White Paper on Traditional Leadership and Governance consultation process. This consultation process culminated in a two-day national workshop held in August 2000, involving all relevant stakeholders.
The third phase resulted in the production of a draft White Paper published in October 2002. The draft White Paper outlined various preliminary policy positions. A large number of submissions were received. These were complemented by workshops nationally, provincially and in many local areas of the country.
The fourth phase saw the production of this White Paper following consultations on the draft White Paper. This White Paper paves the way for the drafting of the national framework legislation relating to the institution of traditional leadership, to be followed by complementary provincial legislation.
It has become necessary to review names used within the institution. The White Paper also proposes new names for structures which used to operate in the past.
This is intended to rid the statutes and records of names or words which are regarded as offensive. This issue will be dealt with further when the required legislation is drafted. While provinces can use province-specific terminology, it is important for national legislation to address terminology which ought to be uniform across the country.
The White Paper comprises six chapters.
Chapter 1: Reviews how a number of countries in the world generally, and in Africa particularly, have handled the issue of traditional leadership, and the various legal and constitutional mechanisms that have been developed in order to accord traditional leadership a suitable role.
White Paper on Traditional Leadership and Governance regulate it with a view to turning it into a tool that would serve the interests of the colonisers. It outlines how this was continued by the apartheid government and extended into the era of homeland governments created by the same government through a myriad of laws. It addresses how this period distorted custom, changed the institution such that it often worked against the wishes of the people and gave it powers and responsibilities that fell outside its original functions. It also addresses the current state of traditional leadership and the contradictions relating to its role and functions.
Chapter 2: Outlines government's vision for the transformation of the institution of traditional leadership and the principles guiding such transformation.
Chapter 3: Highlights governance and development challenges facing the institution. It reflects on the co-operative nature of the new state, the role the institution can play, the role the Houses of Traditional Leaders can play, and, in particular the role that can be played by traditional leadership structures at all levels of government. It also addresses the issue of traditional leadership and participation in politics as well as traditional leadership institutions in relation to municipal and provincial boundaries.
Chapter 4: Deals with institutional issues internal to the institution of traditional leadership, including succession, and addresses the different challenges pertaining to the institution. It also outlines the position of government on all these aspects. The chapter also addresses the question of disputes relating to traditional leadership that arose as a result of continuous interventions by successive regimes, and proposes the establishment of an independent commission to resolve them.
White Paper on Traditional Leadership and Governance to the Khoi-San and their claims to traditional leadership.
Chapter 5: Sets out the different laws relating to the institution, the need to rationalise such laws and to amend and repeal some of them, and the need to introduce legislation that outlines the national framework to regulate the institution of traditional leadership.
Chapter 6: Concludes the White Paper and further consolidates government's view that traditional leaders should act as custodians of tradition and culture, and play a complementary, supportive and advisory role to government. It also addresses the provincial and regional variations and thus moots the enactment of provincial legislation informed by the norms and standards set by national framework legislation.
There is no universally acceptable approach for dealing with the accommodation of the institution of traditional leadership within newly established democracies. The manner in which the institution of traditional leadership has been dealt with at an international level has varied greatly from country to country. This section, therefore, looks at how some countries have dealt with the issue. It will show, among others, that South Africa is not the only country which had to deal with this issue and that there are lessons to be learned from elsewhere in the world.
It will reveal that the institution of traditional leadership is not an unchanging facet of society and that it can adapt.
Traditional leadership is not unique to South Africa. Almost every country in the world has had various forms of hereditary leadership and/or absolute monarchies. However, the demand for representative forms of government, based on universal franchise, the struggles by countryside peasants and urban factory-based workers for better wages and working conditions, and the struggles for gender equality, resulted in the birth of the democracy movement all over the world.
The revolutions that occurred in various Eastern European states led to the complete elimination of systems of traditional rule and the introduction of different forms of governance. In Western Europe, countries like the United Kingdom, Spain, Holland, Sweden and Norway abolished the essential nature of the systems of traditional rule and replaced them with democratic governance systems, though rudimentary elements of the institution still remain. In the United Kingdom, the monarchy, headed by the Queen, still plays a significant role in national affairs. Her role is, however, essentially symbolic and ceremonial and its character is not political or administrative.
White Paper on Traditional Leadership and Governance second and upper House of Parliament of Britain, although founded on the principles of traditional rule, has, over time, transformed and is generally seen as part of the democratic parliament of the United Kingdom. It is, however, important to note that, recently, there have been calls for dispensing with the House of Lords.
In Africa, prior to colonisation, systems of governance were characterised by traditional leadership rule, and traditional leaders and institutions dealt with a wide range of issues which related to traditional communities.
The subsequent colonisation of different African states by European powers achieved results which were in accordance with the dictates and needs of the colonial powers. Whereas other European states saw the institutions as uncivilised and necessitating assimilation, others drew them into the colonial administrative framework, albeit acquiring a diminished status and role. African societies were traumatised by the impact of European policies and practices. Several values and practices that were dear to Africans and which had been practised for centuries had to be sacrificed.
Under English colonial rule institutions such as the institution of traditional leadership were retained, but only after they had been violently suppressed to remove the possibility of them assuming political power. Entirely new and, in many cases, non-customary functions, ostensibly intended to advance colonial interests, were assigned to the institution. Sometimes this was done by distorting certain customary principles to fit the needs of colonialism. For example, colonialism used, to its own advantage, traditional leaders who were assigned responsibilities such as ensuring that law and order within their areas was maintained by empowering them to disallow assemblies and demonstrations and to effect arrests as peace officers.
White Paper on Traditional Leadership and Governance advent of colonialism, even in cases where this was not contrary to the ideas of civilisation as entertained in the West. The French and Portuguese colonialists understood themselves as having been entrusted with a mission to "civilise" the native African in accordance with western ways of life.
The post-colonial era and the emergence of democracy in most African countries gave rise to the need for change. Africa has been undergoing many changes and some of these changes are at variance with long-held values and notions sanctified by history and the distortions introduced by the colonisers. It is necessary to make changes in order to advance the idea of universal values without having to sacrifice the very notion of being African.
It must be pointed out that some of the resistance to change in Africa has come from customary society and, in particular, from the institution of traditional leadership. This led to the portrayal of traditional leaders as opposed to change and democracy and, in some instances, led to their marginalisation.
Some African countries that have tried to effect substantial changes to the institution of traditional rule in the aftermath of democracy include Ghana, Namibia, Zimbabwe, Botswana and Uganda. The following is a brief summary of the experiences of these countries.
The Constitution of Ghana recognises the institution of traditional leadership. It provides for the establishment of national and regional houses of traditional leadership. Traditional leaders have a role to play in issues of development although they are forbidden from active participation in party politics.
The Namibian Constitution provides that traditional leaders must pay allegiance to, and accept, the authority of the modern state. It also provides for a Council of Traditional Leaders, whose responsibility is to advise the President on the control and utilisation of communal land and on all other matters as may be referred to it by the President for advice.
White Paper on Traditional Leadership and Governance traditional institutions should give support to the policies of the central government and regional and local authority councils in the performance of their duties and functions. Where their powers conflict with those of government at all levels, the powers of the central government prevail.
In Zimbabwe, soon after independence, the government decided to dismantle the inherited legal dualism to create what was described as a single, politically united "non-tribal" nation. Traditional leaders were stripped of their judicial functions and remained explicitly as symbolic cultural figureheads. This decision was reversed in 1993, and today the Zimbabwean Constitution provides for a National Council and Provincial Houses of Chiefs. The National Council of Chiefs is also entitled to have 10 of its members sitting in the 150-member National Assembly. Traditional leaders are also represented in rural district councils. Traditional leaders are also eligible to stand for election to parliament on party political tickets.
In Botswana the Constitution provides for a House of Chiefs, which is an advisory body to the National Assembly and the Executive. The House does not have legislative powers but must be consulted on certain specific bills. There are also land boards, which are constituted by, among others, traditional leaders.
In 1966 the Constitution of Uganda abolished kings and kingdoms. After coming to power in 1986 President Yoweri Museveni restored title to traditional leaders but denied them political power or a political role. Article 246 of the Constitution of Uganda states that the institution of traditional leaders or cultural leaders may exist in any area of Uganda in accordance with culture, customs and traditions or the wishes and aspirations of the people to whom it applies and that the allegiance and privileges accorded to a traditional leader or cultural leader by virtue of that office may not be regarded as a discriminatory practice prohibited under article 21 of the Ugandan Constitution. However, any custom, practice, usage or tradition relating to a traditional leader or cultural leader which detracts from the rights of any person as guaranteed by the Constitution, is prohibited.
International agreements as well as regional agreements dealing with issues relating or relevant to traditional leadership and institutions form part of the legal framework regulating traditional leadership.
South Africa signed this Covenant on 3 October 1994. It provides, among others, in Article 15, that states should recognise the rights of everyone to take part in cultural life.
Article 17 of the charter provides that every individual may freely take part in the cultural life of his/her community and that the promotion and protection of morals and traditional values recognised by the community shall be the duty of the state.
The charter also obliges the individual to preserve and strengthen positive African cultural values in his/her relations with other members of society and, in general, to contribute to the upliftment of the moral well-being of society. This is to be done in a spirit of tolerance, dialogue and consultation. It obliges him/her to contribute to the best of his/her abilities, at all times and at all levels, to the promotion and achievement of African unity.
White Paper on Traditional Leadership and Governance to their cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of humanity.
This declaration binds all members of the United Nations, of which South Africa is a member. Article 27 of this declaration gives everyone the right to participate freely in the cultural life of the community.
The trends at an international level indicate that traditional leaders and traditional leadership institutions have a much bigger role to play as custodians of culture and protectors of custom. However, they also have a clear role to play in the performance of judicial functions within their communities. They define and interpret customary law, and settle disputes in accordance with customary law.
Traditional leadership is indigenous to South Africa and to the continent of Africa. Its existence predates the colonial conquests and the apartheid era. Like other institutions and structures of governance, the institutions of traditional leadership evolved with time. Each traditional community was an entity and independent from the others. Such communities did not constitute a nation state as we understand it today. Prior to colonial invasion, these societies comprised structures and hierarchies stemming from a social organisation that was defined by family and kinship ties.
The European colonial expansion into Africa and the rest of the third world during the early 19th century significantly altered the social organisation of African societies and transformed them in a manner that made them amenable to European control. To this end, various statutes were introduced in South Africa.
"tribes" and to appoint any person he chose as a chief or headman, and to depose such persons as he deemed fit. The Black Administration Act No. 38 of 1927, consolidated these powers and vested them in the Minister of Native Affairs. The Bantu Authorities Act of 1951 finally rendered traditional leaders part of the state's bureaucratic machinery. In 1961 the position of the Governor-General was assumed by the State President of the Republic of South Africa. In terms of the 1993 and 1996 Constitutions these powers have now been assigned to the Premiers of the various provinces.
The net effect of these laws was that traditional leaders became important tools in the government's strategy of extending its control over Africans in the countryside, through the establishment of "reserves", "self-governing states", "homelands" and, later, so-called "independent states". Traditional leadership was transformed into a kind of local government whose main function was to serve as a source of, and a conduit for, cheap labour for the newly-developed mines, farms and urban industries. The Bantu Authorities Act significantly redefined the indigenous political institutions. Under this Act, tribal authorities were established in the African reserves, in line with the government's stated intention of preventing "squatting" and eliminating black land ownership in "white areas". The overall intention of the policy of separate development was to use the African reserves as reservoirs for cheap mine labour. The movement of young able-bodied Africans into urban centres, and the rapid growth of the population in the reserves, crippled production in these areas.
From the outset, the establishment of a native administration had, as one of its key objectives, the termination of tributary payments to traditional leaders and the introduction of salaries, which would come from levies, such as the "hut tax", the "dog tax", etc. These measures were intended to induce an exodus of Africans to the mines, farms and manufacturing firms to work as wage labourers. The creation, therefore, of a separate administration for Africans was seen as key to sustaining the labour demands of the colonial economy.
White Paper on Traditional Leadership and Governance rule was centred around the notion of self-sufficiency for traditional leadership areas, while increasing the pressure on the peasants to leave the countryside in search of wage labour.
What followed was increased oppression, where control over rural local government was the sole preserve of traditional leaders, most of whom eagerly complied with government policy. The institution lost its inherent traditional role of providing leadership to the people. Some traditional leaders, however, led the early resistance against colonial subjugation of the African people. The sustained onslaught of successive colonial regimes had an extremely negative effect on people in the countryside, leading to resistance in such areas as Witzieshoek (1950), Sekhukhune (1956), Zeerust (1957) and Pondoland (1960).
Today, history records these struggles and, much as some battles were won, the war was nonetheless lost.
The system of Bantu authorities eroded the culture of consultation and, instead, traditional leaders relied more on the power of their backers than on the collective wisdom of the communities they were leading. It is against this historical background that steps which are intended to restore the integrity of the institution of traditional leadership are being taken.
With the establishment of a single government for the whole of South Africa in 1910, the institution was not given a role at national and provincial levels. Rather, it was used as a platform to divide and rule the people. The new structures did not have, as their primary objective, the delivery of services to the people, but rather the delivery of the people themselves to become subservient to the successive colonial and apartheid administrations. Clearly, it was never the intention of any of the governments prior to 27 April 1994 to confer on the institution the type of powers that would maintain its status as a traditional institution. As a result, it alienated itself from the people because it was used to further the aims of separate development and laid the foundation for the system of Bantustan Administration.
The struggle for national liberation and the demand for a government of the people was based, among others, on the need to democratise institutions of governance. Like other African states, following the attainment of freedom and liberation, South Africa was also confronted with the issue of integrating traditional leadership institutions within the democratic form of governance.
The 1993 interim Constitution, and later the 1996 Constitution, laid the basis for taking the issue further. The 1996 Constitution set out a framework for the recognition of the institution of traditional leadership in the new democracy. It was then left to government, through national legislation, to attend to the finer details of the place and role of the institution in the new system of democratic governance.
The Constitution further provided a framework for the transformation of local government. The White Paper on Local Government (1998), represented an initial policy attempt to deal with the issue of traditional leadership. It provided, in broad terms, for a co-operative model within which traditional leadership could co-exist with municipalities. In terms of this, traditional leaders were allowed to participate in debates in municipal councils but were not allowed to vote.
The new local government system was perceived by some traditional leaders as unacceptable, and that it would lead to the usurpation of their powers. This caused a lot of tensions in the rural areas. These tensions further gave rise to the need to speedily finalise the national legislation envisaged in Chapter 12 of the 1996 Constitution.
The White Paper on Local Government however, acknowledged that the issue of traditional leadership required a separate White Paper that would deal with all the issues comprehensively. This, together with the need identified in the 1996 Constitution for legislation, gave rise to the drafting of a comprehensive White Paper on Traditional Leadership and Governance.
White Paper on Traditional Leadership and Governance represents an important milestone as it will constitute the framework that will guide the transformation of the institution, and bring about good governance and stability in rural areas.
South Africa's transformation from undemocratic, unrepresentative and unaccountable systems of government necessitated that all values, practices, institutions and structures of governance, be reviewed in the light of the new order. Chapter 12 of the Constitution envisaged that this broad transformation of society would include the institution of traditional leadership, precisely because this institution has a critical role to play, especially in rural areas. It is the vision of government, therefore, to transform and support the institution of traditional leadership in accordance with the constitutional principles of democracy and equality and that it may represent customary interests of communities, play a role in socio-economic development and contribute to nation building, and be accountable.
The existence of traditional leadership and South Africa's present democratic order are not mutually exclusive. Traditional leadership has to function in a manner that embraces democracy and contributes to the entrenchment of a democratic culture, thus enhancing its own status and legitimacy amongst the people. To this end, the critical challenge facing both government and traditional leadership is to ensure that custom, as it relates to the institution, is transformed in accordance with the Constitution and the Bill of Rights.
manages an efficient, effective and fair dispute resolution system through customary law courts for traditional local communities; and acts in partnership with municipalities to contribute to, and creates cooperative and supportive relationships in, service delivery and secure and safe rural areas.
The task of building a democratic State requires that what is envisioned above is shared by all. The task of strengthening and consolidating democracy requires the participation of all of our leaders, traditional, religious and elected. Traditional leaders must constitute part of the cadre of leadership that is leading and transforming South Africa towards a better life for all.
The institution of traditional leadership has, over the years, performed various governance functions. These governance functions were not exercised in a unified territory, as this only came about later with the formation of the South African nation state. The institution, therefore, was never a government of South Africa. The institution only operated within the defined limits of its prescribed jurisdiction. The institution was, however, affected by colonisation as the colonisers altered its governance functions and roles.
The successive colonial and apartheid regimes did not directly provide development services and infrastructure in black rural areas. Unlike in urban areas, there were no local government structures in rural areas. This resulted in traditional leaders assuming a role of facilitating development in their respective areas. They played a role in ensuring that their traditional authority areas were developed. They worked with government to build schools, clinics, roads and other facilities.
Given the new dispensation, it is clear that the institution cannot be restored to its pristine precolonial form but has to adapt to change. South Africans who voted in the 1994 and 1999 national elections, as well as the 1995 and 2000 local government elections, were effectively ushering in this new order. In these elections, people clearly voted for a democratic form of state.
Traditional leadership is a creature of custom and generally carries out customary functions.
White Paper on Traditional Leadership and Governance rural areas. Therefore, there cannot be contestation of authority between the institution of traditional leadership and the state.
The role of traditional leaders in governance and development has been receiving ongoing attention since 1993. The 1996 Constitution introduced a new constitutional arrangement for the whole country and assigned governmental functions across the three spheres of government. Most importantly, it introduced a multi-party system of democratic government for the entire country, and requires that elections be held on a regular basis.
The 1996 Constitution also provides that all law that was in force when the new Constitution took effect continues to be in force, "subject to consistency with the Constitution". Furthermore, section 211(1) of the Constitution provides that "the institution, status and role of traditional leadership, according to customary law, are recognised, subject to the Constitution". Finally, the Constitution, in section 212(1) went on to provide that "national legislation may provide for a role for traditional leadership as an institution at local level on matters affecting local communities".
The provisions of the Constitution, as outlined above, had an effect on the institution of traditional leadership.
"In a purely republican democracy, in which no differentiation of status on grounds of birth is recognised, no constitutional space exists for the official recognition of any traditional leaders, let alone a monarch. Similarly, absent an express authorisation for the recognition of indigenous law, the principle of equality before the law in Constitutional Principle VI (CP) could be read as presupposing a single and undifferentiated legal regime for all South Africans, with no scope for the application of customary law - hence the need for expressly articulated CP's recognising a degree of cultural pluralism with legal and cultural, but not necessarily government consequences." 1.
"The New Text (of the Constitution) (NT) complies with CP XIII by giving express guarantees of the continued existence of traditional leadership and the survival of an evolving customary law. The institution, status and role of traditional leadership are thereby protected. They are protected by means of entrenchment in the NT and any attempt at interference would be subject to constitutional scrutiny. The Constitutional Assembly (CA) cannot be constitutionally faulted for leaving the complicated, varied and everdeveloping specifics of how such leadership should function in the wider democratic society, and how customary law should develop and be interpreted, to future social evolution, legislative deliberation and judicial interpretation."
"Section 182 of the 1993 Interim Constitution (granting ex officio status to serve in municipal councils) is therefore an important constitutional entitlement for traditional leaders whose customary authority and role were being affected by the transition to democracy. Construed purposively, therefore, s. 182 means that traditional leaders are entitled to ex officio representation on local government in their areas. That entitlement arises once elections have been held for local government and once the procedural requirements contained in s. 182 have been met. This ensures that traditional leaders are entitled to representation on a council without having to stand for election. It also ensures that for the period of transition the traditional leaders who had previously been exercising the powers and performing the functions of local government will be represented on the newly established institutions which would now be responsible for those functions." 3 1.
Constitutional Court, 1996 (Butterworths Constitutional Law Report, 1996 (October), pg.
Thus the Constitution entrusted to the three spheres of government all powers and functions which are governmental in nature, and assigned to traditional leadership those functions which are customary in nature. Secondly, the Constitution left the specifics relating to "how such leadership should function in the wider democratic society" to national legislation.
A detailed analysis of the old order legislation dealing with the powers and functions of traditional leadership, as provided for prior to 27 April 1994, has been conducted.
in the exercise of their powers and performance of their functions prior to 1994 traditional leaders acted under the supervision of magistrates, homeland departments or the national departments responsible for "separate development". They therefore never enjoyed any autonomy in the exercise and performance of these functions.
Where the Constitution allocates a function to a sphere of government, that sphere has jurisdiction over that function and cannot perform that function or exercise the power concurrently with the institution of traditional leadership. However, on matters of common interest, such as development and service delivery, co-operative relationships can be established. Also, spheres of government may allocate certain functions where this is provided for in law.
Finally, it is clear from the above that the issues that arise relate to the functioning of government as a whole. Within the broad context as outlined, an important role does exist for traditional leadership.
A large number of people reside in rural areas where the institution of traditional leadership exists. In fact, it is estimated that about 14 million people live in areas falling under the jurisdiction of traditional leaders. It is primarily in these areas where people live in abject poverty and conditions of underdevelopment, and where there is a lack of access to economic opportunities, poor infrastructure and lack of access to basic services. This is the result of the legacy of colonialism, policies and measures that had the effect of systematically consigning a large majority of African people to conditions of perpetual underdevelopment. When the new democratic dispensation came into being in 1994, the new government adopted the Reconstruction and Development Programme (RDP). At the centre of the programme was the need to launch a concerted drive to address rural poverty and the legacy of underdevelopment in rural areas. It is for this reason that, following the adoption of the RDP, a number of initiatives geared towards improving living conditions in rural areas were launched. These included, among others, the Spatial Development Initiative (SDIs), the Consolidated Municipal Infrastructure Programme (CMIP), the Rural Housing Programme, the Local Economic Development Programme and the Land Reform Programme.
Currently, there is a renewed effort by government to focus on improving living conditions in rural areas in an integrated manner and to bring about sustainable development, through the provision of water, electricity, clinics, roads, housing, telephones, land restitution, etc. This initiative is being driven through the Integrated Sustainable Rural Development Programme, which seeks to ensure an integrated approach to rural development. These initiatives call for greater clarity regarding the role of the institution of traditional leadership in rural areas in relation to government at all levels; particularly given the fact that, today, the democratic state, through the three spheres of government, has assumed authority and responsibility for the provision of infrastructure and basic services.
Government at all levels is mobilising all sectors of society to maximise the delivery of services at a local level. In the rural areas, the institution of traditional leadership can play a key role in supporting government to improve the quality of life of the people.
Promote the social well-being and welfare of communities.
must form co-operative relations and partnerships with government at all levels in development and service delivery.
In order to give effect to the roles referred to in the preceding section, it is important to look at the structures of the institution of traditional leadership and their functions within each sphere of government.
The National House of Traditional Leaders as established by national legislation will continue to exist as a mechanism for structured interface with national government.
perform tasks as may be determined by a member of the National Cabinet or as may be provided for in national legislation.
Subject to new legislation, the Provincial Houses of Traditional Leaders as established by provincial legislation will continue to exist as a mechanism for structured interface with provincial government.
perform tasks as may be determined by a member of an Executive Council a Province or as may be provided for in provincial legislation.
At a district level, District Houses of Traditional Leaders shall be established to advance a co-operative relationship with District Municipalities.
participate in local initiatives meant to monitor, review and evaluate government programmes in rural communities.
At a local level, traditional councils, as established by custom, will promote cooperative relations with local municipalities. The institution of traditional leadership can also participate in the municipal Ward Committees established in terms of national legislation. Traditional leaders will also continue to participate in municipal councils in terms of section 81 of the Municipal Structures Act No. 117 of 1998, until legislation providing otherwise is introduced.
participate in the development of policy and legislation at local level.
The functions set out above are in addition to the customary functions of traditional councils and traditional leaders.
Traditional councils may also enter into partnership and service delivery agreements with government, at all levels, to promote development. Partnerships between municipalities and traditional councils shall be strengthened through legislative and other measures. The envisaged partnerships will be based on the principles of mutual respect and recognition of the status and roles of the parties.
The partnerships will also be based on, and guided by, principles of co-operative governance. Partnerships could also include the roles of traditional councils as information centres for government programmes and service pay points, and so forth.
advise and participate in nation-wide health campaigns, e.g. cholera, HIV/AIDS, tuberculosis, etc.
play a role in communication and information dissemination of government policy and programmes.
Traditional leaders will also continue to perform functions in terms of the customary laws and practices of different communities, subject to the Constitution and applicable legislation.
promote the ideals of co-operative governance, integrated planning, sustainable development and service delivery.
Government will put in place mechanisms to ensure an integrated, structured and coordinated involvement of the Houses of Traditional Leaders in various policy development processes and programmes.
Historically, various apartheid and homeland laws and policies brought traditional leaders to the centre stage of politics. Some formed political parties with the backing of the apartheid government. Traditional leadership structures thus became subjected to party politics. Some traditional leaders became ex officio members of newly-established homeland legislatures. They were compelled to participate in homeland politics on a party political basis. Some resisted and were harshly dealt with.
The demise of the homeland system and the establishment of a new democratic order saw traditional leaders assuming roles in various political parties in 1994. The right of everyone (including traditional leaders), to belong to political parties of their choice, stand for elections and vote is guaranteed by the Constitution.
At present, a number of traditional leaders belong to various political parties and participate in these parties in their personal capacities as traditional leaders. However, the Constitution accords every citizen freedom of association, and the right to participate in party politics and vote for the party of their choice. Therefore a balance needs to be struck between the rights of traditional leaders to participate in politics and the need for the institution of traditional leaders to continue to play a unifying role amongst communities.
Should a traditional leader participate in elected legislative structures through an electoral process, at any level, on a full-time basis, the royal family must take appropriate measures to ensure that the work of the institution is not adversely affected. A traditional leader who assumes a public office shall only be remunerated either as a traditional leader or as a public representative and shall not draw more than one salary. Provision will have to be made in law for someone else to be appointed as a deputy to act as chief for as long as the incumbent is not able, due to such political appointment, to carry out his/her normal duties.
Traditional leadership structures on the other hand are, in terms of section 195 of the Constitution, bound to observe certain principles and values. Thus all traditional leadership institutions, as entities, should be non-partisan.
Jurisdictional areas of traditional authorities and municipal boundary issues are a reality. In terms of section 155(3)(b) of the Constitution, municipal boundaries must be demarcated by an independent authority. This authority, namely the Municipal Demarcation Board, was established by the Local Government: Municipal Demarcation Act, 1998. Section 25 of the Act identifies factors that the Demarcation Board must take into account in determining municipal boundaries. One of these factors is "areas of traditional rural communities". It must therefore be accepted that, in determining the current municipal boundaries, the existing areas of traditional authorities were taken into account.
The recent demarcation of municipal boundaries, the restitution of land resulting from claims instituted by communities and the allocation of land parcels resulted in certain traditional authorities being situated in more than one local municipality and in more than one district municipality. Further complicating the issue is the fact that traditional authority areas are defined in such a manner that it is difficult, and in some instances impossible, to ascertain the exact boundaries of the traditional authority concerned. This has resulted in the exclusion of some sections of the communities from the legally defined boundaries. It must also be borne in mind that a number of traditional authority areas are not contiguous.
disparities in the delivery of services by municipalities to a single traditional community.
The establishment and definition of traditional authority boundaries currently vests in the different provincial governments in terms of different pieces of legislation. In terms of this legislation there are different criteria and prescripts for redefining traditional authority boundaries. Consultation with or concurrence of the affected community is, however, a requirement in all cases where traditional authority boundaries are to be redefined. It is unlikely that the affected communities, will in all instances, agree to the division of a tribal authority area and it is also not advisable to divide a traditional community.
It is therefore necessary that mechanisms be found to address problems resulting from the splitting of traditional authority areas. One mechanism would be the constant review of the situation by the Demarcation Board. Another mechanism could be the formulation of service level agreements to which all affected municipalities would be party.
As a result of the historical determination and adjustment of what are now provincial boundaries, traditional leaders are confronted with issues which are trans-provincial in nature. This has resulted in a situation where a senior traditional leader situated in one province has to perform a role in customary processes in another province.
Other factors compounding the trans-provincial boundary relationships are the merger and division of communities, the appointment of traditional leaders across boundaries and, lately, the restitution of land to communities who lost their land in terms of racially discriminatory legislation. Land parcels that are restored are, in some instances, situated in different provinces.
The affected provinces and provincial Houses should recognise the existence of such relationships, and should put co-operative mechanisms in place to deal with traditional and customary relations across provincial boundaries.
The Status Quo report compiled as part of this process identified a need to embark on an intense capacity building programme for traditional leaders. The report found that a large number of traditional leaders require skills development in various areas.
Since traditional leaders function at a local level, side by side with municipal councillors, their capacity building programmes cannot be completely separated from those of councillors. However, owing to the distinctive nature of some of their functions, their capacity building programmes should also be more specifically focused.
The primary objective of the capacity building programme will be to enhance and empower traditional leaders and traditional institutions to enable them to address and respond to the challenges arising from this White Paper, relevant legislation and the Constitution.
The provincial governments and national government should share the responsibility for funding the programme.
The advent of democracy and the extension of municipal governance into traditional leadership areas have resulted in a shift in the development role of traditional leaders and their structures. Development and the provision of services became local government competencies. The obligation, therefore, to fund service delivery and development lies primarily with municipalities, working with the national and provincial spheres of government.
It is accepted, however, that traditional leaders still have a major role to play with regard to development, custodianship and implementation of customary norms and practices of traditional communities. They also have a role to play in the resolution of disputes.
This means that traditional authorities will still have to be allocated funds to ensure maintenance of their properties, personnel and infrastructure. Other institutions and government departments which allocate responsibilities and functions to traditional leadership on an agency basis will also have to assist with funding.
The authority to impose statutory taxes and levies lies with municipalities. Duplication of this responsibility and the double taxation of people must be avoided. Traditional leadership structures should no longer impose statutory taxes and levies on communities.
This chapter focuses mainly on the extent to which structures of traditional leadership must be transformed.
the resolution of traditional leadership disputes.
The chapter also proposes the establishment of a commission to deal comprehensively with the issue of traditional leadership disputes, including matters relating to deposed traditional leaders and succession disputes.
Traditional leaders administered the affairs of their communities through customary structures. Each structure comprised the traditional leader, headmen and members of the community. Through these structures, a traditional leader coordinated the activities of his/her community, including ploughing and harvesting, hunting, war expeditions, ancestral worship, rituals and other traditional activities. In addition, through these structures, traditional meetings (izimbizo/dipitso) were called where the affairs of the community were discussed and disputes among members of the community were resolved.
These structures were also brought under formal control, and legislation was introduced to regulate them. Customary structures of traditional leadership came to be referred to as tribal authorities. However, the constitution of these structures remained essentially the same. Each structure still consisted of the chief, headmen and some members of the community.
Other structures of traditional leadership, which were not customary in nature, were created through legislation. These structures included community authorities and regional authorities. In the main, community authorities were created for rural communities without traditional leaders and consisted of elected chairpersons and members. In some instances, however, community authorities were established for communities under the authority of independent headmen.
Regional authorities differed from the tribal authorities in that, in general, each one was made up of representatives of tribal authorities in the same region, and the chairperson was elected from among the chiefs within the region. In some instances, the most senior traditional leader in status, in the region, was recognised as the only rightful person to chair the regional authority. In some areas, structures of traditional leadership similar to regional authorities were created. These were called councils of chiefs and ibandla laMakhosi and had more or less the same composition and functions as regional authorities. Some paramount chiefs became chairpersons of regional authorities by virtue of their positions.
The regional authorities, councils of chiefs and ibandla laMakhosi were given local government functions similar, to a certain extent, to those carried out by municipalities. Most of them, however, lacked the necessary infrastructure and capacity to carry out these functions. As a result, these functions were carried out mainly by the relevant government departments, and, in some instances, these were not carried out at all.
In the light of the assignment of the governmental responsibilities by the Constitution to the three spheres of government, it is necessary that the role of traditional leadership structures be redefined so as to align them with the new constitutional arrangements. Secondly, the definition of the role and function of traditional leaders as outlined in chapter 3, also entails that such redefinition should take place.
Structures which were created by apartheid and homeland legislation, including community authorities, regional authorities, ward authorities and ibandla la makhosi, should be disestablished. Tribal councils, as they existed before colonialism, and which were based on custom, should be established and renamed "traditional councils". Their constitution should also be based on custom and customary law. They should be well-resourced and their staff capacitated so that they can play a meaningful role.
Where, however, a number of traditional councils are subject to a king, a collective authority under such a king may be established. Its establishment should be based on custom and should be left to the discretion of the relevant communities and traditional councils.
continue to assist, support and guide traditional leaders in the exercise or performance of their responsibilities; and continue to advise and/or make recommendations to government.
These councils must also allow for the representation and participation of women in their own right. At the least, one third of the members should be women. Once women become part of these traditional leadership structures, these structures will be well positioned to initiate special educational programmes aimed at educating the rural youth about their cultural and other responsibilities in their own communities. Consequently the youth will come to realise the relevance of the institution of traditional leadership in their lives. Embracing change and extending full participation in community governance will make the institution relevant to all members, irrespective of gender and age.
The traditional councils should play a role similar to that previously played by tribal authorities prior to 1994. They will, however, not discharge the functions currently assigned to municipalities. The traditional councils should however support municipalities. They will focus primarily on issues which are customary in nature as well as the development and well-being of communities resident in traditional authority areas. Government will introduce measures meant to ensure that a co-operative relationship exists between these structures and municipalities.
Finally, in those cases where old structures are disestablished without a new traditional structure being put in place, communities will be able to establish at their discretion, voluntary community structures in accordance with the principle of freedom of association.
In the main, according to custom, three levels of traditional leadership positions are recognised, namely kingship, chieftainship and headmanship. However, colonial powers and the apartheid government introduced new and foreign levels of traditional leaders. The introduction of such levels within the institution of traditional leadership was, in many instances, politically motivated and included levels such as "supreme chief", "paramount chief", "subchief" and "independent headmen". For example, the level of a "supreme chief" was introduced by the previous regime to arrogate the power to rule over Africans to the Governor-General and, later, the State President. Other levels such as paramount chiefs, independent headmen and subchiefs were introduced to elevate/demote certain people to new positions, thereby according them new titles and status which were not appropriate in terms of custom. This, naturally, led to confusion, unfamiliar titles and the infringement of customary practices. This constituted a detraction from custom. More importantly, the new terms led to confusion in relation to the status of certain traditional leaders.
The level of headmanship needs elaboration because, historically, this level was substantially different from area to area. Whereas in some areas headmen were appointed in accordance with custom, in some they were elected. In some areas they were closely related to a traditional leader and formed part of the royal family. In others, individuals without any link to the royal family could be nominated to become headmen. These were also highly regarded members of the community. The introduction of colonial and apartheid governments also added to the complexity of headmanship as they introduced other positions like sub-chiefs, independent headmen and petty headmen. Independent headmen were those chiefs who were forcibly removed and relocated in the area of another chief, and whose status was then lowered to that of a headman in order to avoid having two chiefs in a single area.
Different views have been expressed about the remuneration of headmen. Whereas some are of the view that they should be remunerated by government, others say they should not. Others say they should be paid by their own communities. Others hold the view that they should not be remunerated because they carry out voluntary community services.
During colonial times, the term "king" was never used to refer to traditional rulers as it was reserved only for the King of England. Whereas some were hereditary kings and their kingdoms had been established in terms of custom, the appointment of others was based largely on statutes, rather than on the customs of the tribes concerned.
the remuneration of headmen, given the peculiarities relating to their appointment, recognition, remuneration, numbers, status and role from community to community, should be dealt with by provincial governments, taking into consideration these peculiarities; and the Commission referred to in chapter 4.10 shall determine whether some of the existing kingships, paramountcies, chieftaincies and headmanships, and the appointment/designation of incumbents thereto, comply with custom and customary law.
criteria for the recognition of a kingship, chieftainship or headmanship will be provided for in national/provincial legislation, and these will be based on the customs and traditions of the relevant communities and other relevant principles.
Historically, the appointment of a person to a traditional leadership position was determined by custom and customary law. Each tribe knew who was eligible to be a successor, based on the history, norms, values and the customary law of that particular tribe. Males succeed to the position of traditional leadership in accordance with custom. Exceptions to this, however, are communities such as the Balobedu, where only women succeed. However, it must also be noted that, in a large number of areas in South Africa, where the heir is still a minor, women act as regents.
In accordance with custom and tradition, the head of a tribe could also appoint headmen who were each assigned a section of the tribe to administer their affairs on behalf of the chief. These were the chief's kinsmen or notable leaders of the tribe. This position was hereditary in some areas and non-hereditary in others. Where the position was hereditary, principles of succession according to customary law were applied.
In the past, the colonial and apartheid regimes tended to interfere with the succession of traditional leaders. They could select a chief or headman and depose such individuals as they deemed fit. The result was that the institution was forced to move away from custom and thus lost its dignity.
The existing rules of succession are in conflict with the principles contained in the equality clause in the Bill of Rights. The challenge, therefore, is to reconcile customary laws and practices in relation to succession with the principles of equality enshrined in the Constitution.
The debate relating to gender equality regarding succession to traditional leadership positions has been going on for a long time. There is no doubt that the law of succession discriminates against women in certain communities and men in others. Women can only be regents and not traditional leaders in their own right. There is a strongly held view, especially by traditional leaders and communities, that the succession of women to leadership positions could spell the demise of the institution of traditional leadership. Despite this strong view, women are often appointed into acting positions, and in some instances for long periods, without any major consequences. The argument mostly advanced against the succession of women is that, in the event that a woman gets married, the rightful royal family will lose its status and traditional leadership will then vest in another family. The customary belief is that when a man pays lobola and marries a woman, her procreative being is transferred to her husband's tribe.
It is clear that this belief and practice is a fundamental violation of the rights of women, which rights include the right to free and full status, bodily integrity and other rights normally associated with freedom of choice, privacy and dignity.
South Africa has chosen to abide and be bound by democratic values and norms and has also, at the same time, agreed to recognise custom. However, the recognition of custom cannot reduce the effect of hallowed and entrenched principles of human rights, which include equality and non-discrimination especially on the basis of gender and status. In this regard, custom should not be seen to be static and archaic and an affront to change and the rights of women.
South Africa is a signatory to a number of international instruments aimed at adopting all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices that constitute discrimination against women. (e.g. the Convention on the Elimination of All Forms of Discrimination Against Women). Furthermore, the Promotion of Equality and Prevention of Unfair Discrimination Act prohibits discrimination against men and women on the basis of culture and tradition.
principles regulating succession, as well as the date from which such succession shall take effect, will be provided for in legislation. The new legislation dealing with this matter should be effective from 27 April 1994; and the legislation to be introduced will acknowledge that the rules of succession are not uniform and differ from community to community, and that the communities themselves must adapt custom.
Government must play a limited role in the designation of traditional leaders. It is, firstly, the prerogative of the royal family, acting in consultation with other members of the traditional council, to identify a traditional leader. Government's role should be to confirm that customary processes have been followed, and issue a certificate of recognition to such a traditional leader which seeks to endorse and recognise such a designation. The appointment process will be regulated by national and provincial legislation.
Historically, traditional leaders, at all levels, were not remunerated. However, they enjoyed certain entitlements, for example, the entitlement to the first fruits, free labour from their communities, large tracts of land, etc. Only after the promulgation of the Black Authorities Act No. 68 of 1951, did the question of remuneration by government arise.
Under the homeland system, various homelands initiated their own laws governing, among others, the remuneration of traditional leaders. Even then, the determination of the remuneration of traditional leaders was not uniform across the country. Kings, chiefs and headmen were remunerated at different levels, while in some homelands headmen and certain categories of headmen were not remunerated at all. In provinces like KwaZulu-Natal, where there is a large number of headmen, they are recognised but not remunerated by government.
In some areas, however, they are remunerated by government. Their remuneration, though largely nominal, is in terms of statutory law. In certain areas communities took action which led to the abolition of the headmanship system.
Section 219(1)(a) of the Constitution of the Republic of South Africa, 1996, classifies traditional leaders as "persons holding public office" and requires that an Act of Parliament must establish a framework for determining their "salaries, allowances and benefits". The framework referred to is set out in section 5 of the Remuneration of Public Office-bearers Act No. 20 of 1998. It was only after the promulgation of Act No. 20 of 1998, that all traditional leaders at the level of kings/paramount chiefs, chiefs and members of the National and Provincial Houses of Traditional Leaders received remuneration based on uniform scales determined by the President. Such remuneration is not, as yet, based on clearly defined roles and functions of traditional leaders. The Independent Commission for the Remuneration of Public Office-bearers (the Remuneration Commission), which is responsible for making recommendations on the remuneration of public office-bearers, has indicated that it will not be able to work on the final and detailed framework for the remuneration of traditional leaders until policy issues relating to their role and functions have been clarified and finalised. The adoption of this White Paper and the enactment of the resultant legislation will thus facilitate the work of the Commission.
Regarding pension and medical aid benefits, Parliament enacted sections 8(6) and 9(6) of Act No. 20 of 1998. These excluded traditional leaders and members of the National and Provincial Houses of Traditional Leaders from the pension and medical aid arrangements provided for in the Act. The exclusion was made subject to "any other Act of parliament to the contrary". The required Act of Parliament will be introduced.
Meanwhile, traditional leaders will, subject to the proposals set out in chapter 4.2 in respect of headmen, continue to receive salaries in terms of the framework set out in national legislation. Consequently, mechanisms will have to be devised to ensure that traditional leaders do indeed perform the functions for which they are remunerated. Traditional leaders should continue to enjoy certain entitlements or gifts recognised by custom. Any corrupt practices, however, will be dealt with in terms of applicable laws. Provision will have to be made in legislation for the disclosure of gifts.
During the pre-colonial period, traditional leaders and traditional structures of authority were largely responsive and collectively accountable to the people for their functions and obligations. This was largely due to the fact that traditional communities were relatively small, the people interdependent and bound together by affinity, kinship, marriage and ethnic affiliation.
With time, and because of undue interference by previous governments, accountability became substantially compromised.
There is a consensus view that traditional leaders and structures should be held accountable. Thus they should be accountable to government.
At a local level, traditional leaders and structures must ensure that, together with traditional communities, they put in place mechanisms through which they must account for their activities. In this regard, custom is not sufficient to regulate the accountability of traditional leaders and structures as this is only done through the calling of imbizo/dipitso. This, most often, is done as the prerogative, and at the discretion, of a traditional leader or, sometimes, the tribal authority.
Traditional structures must also ensure that, at least once a year, a meeting of the whole community is called where the chief and his counsellors report on their activities of the preceding year. The responsible authority in the province charged with the administration of traditional affairs must ensure that traditional leaders and their authorities carry out their role and functions in accordance with custom and any applicable laws. Legislation to regulate the accountability of traditional leadership and authorities as well as a Code of Conduct, will be introduced. Such legislation must provide for transparency and the maintenance of records, auditing, reporting mechanisms, etc.
Traditional leadership is an ascribed position rather than an acquired position. In accordance with custom, a traditional leader reigned until death. A traditional leader was never deposed except under exceptional circumstances.
Legislation regulated circumstances under which the services of a traditional leader could be terminated. Whilst it is acknowledged that such termination was sometimes based on subjective factors and sometimes influenced by politics, in other instances it was based on objective principles.
Views expressed have indicated that government should not remove traditional leaders from office; instead, government and the royal family should develop a strategy to deal with the matter.
he/she may, on the advice of the relevant Provincial House of Traditional Leaders, be removed from office, either temporarily or permanently, on the grounds of inability to carry out, or physical incapacity or mental infirmity which inhibits him/her from carrying out, his/her functions or duties efficiently; and where the service of a traditional leader is terminated, for whatever reason, a successor, according to the customary rules of succession and/or statutory rules of succession, should assume the position, role and responsibilities.
Conduct that constitutes misconduct and conditions that constitute incapacity or inability will be elaborated upon in national and provincial legislation.
In order to enhance the institution of traditional leadership and give it a role at provincial and national levels, the Constitution makes provision for the establishment of provincial and national Houses. Accordingly, provincial Houses were established in the provinces of Limpopo, North West, Free State, Mpumalanga, KwaZulu-Natal and the Eastern Cape. The National House was also established at a national level. These Houses are intended to give a role to the institution at the highest level of government and to promote co-operative relationships.
ensure a deeper understanding of customary values and the prevention and resolution of conflicts and disputes; and advise government on matters affecting traditional leadership, traditional communities, custom and customary law.
Different opinions have been expressed on the role of Houses of traditional leaders. Some say that the original provisions of the Interim Constitution relating to the role of the Houses should be restored, whilst others suggest that they should play a unique role of unifying communities, be custodians of culture and tradition and play a nation-building role outside of governance. The opinions were in unison that the Houses are necessary and have a role to play.
The Houses must play a supportive and advisory role to the structures of government and other institutions of traditional leadership at a local level. The role they play is unique.
ensure that traditional leadership structures are well-resourced so that they may carry out their functions; and ensure that there is close cooperation amongst the Houses and the government of the province within which they are situated.
the monitoring of the functioning of the Provincial Houses of Traditional Leaders; and legislation dealing with custom or customary law issues.
Finally, in addition to the above, the various Houses should continue to play the role they presently play in terms of existing legislation, which will be amended in accordance with the principles emerging from this White Paper. They will also play the role outlined in chapter 3.
The National House of Traditional Leaders was established in terms of the National House of Traditional Leaders Act No. 10 of 1998, as amended. It consists of 18 members (three nominees from each of the six Provincial Houses). Its members serve on a part-time basis, except the Chairperson and Deputy Chairperson, who are full-time members. The National House has indicated that it wants to become a full-time body and to play a more significant role in the formulation of policy and legislation.
The life cycle of the National House should be five years, as is presently the case. Its cycle should be linked to the life cycle of the Provincial Houses. Except for the Chairperson and Deputy Chairperson, membership should be part-time, and members should be drawn from Provincial Houses. The composition of the House will not be changed. However, the appointment/election process should ensure representation of women.
The National House should retain its current status and role, with the necessary adjustments necessitated by this White Paper. Attention should be given to elaborating on its programmes so as to enable it to play a more dynamic role.
Presently, the composition of Provincial Houses differs from province to province. Members of these Houses hold different traditional leadership positions, and, in some provinces, some members are not traditional leaders. In others, headmen and princes qualify for membership. In some instances functionaries of traditional leaders are appointed. In some provinces, the Premiers or the MECs have the power to nominate persons as members of the Houses.
Our challenge, therefore, is to provide for Houses that are, whilst substantially uniform, also representative.
The views expressed in this regard were that, where there are kings/queens, they should, in addition to chiefs, have special representation in Houses. Others were of the opinion that only traditional leaders at the level of chiefs should become members of the Houses.
The approach to the membership of Provincial Houses is that only traditional leaders at the level of chiefs should become members of the Houses. Kings and queens should, however, also be represented - either directly or through their representatives. Membership of the Houses should be as uniform as possible across the provinces. The process in terms of which members are elected should be fair, democratic and representative. The chairperson and deputy chairperson should be full-time members of the Houses. The membership of the others should be part-time. This is so because traditional leaders should play a meaningful and complementary role within their communities. This will enhance the effectiveness of the Houses. Finally, the District Houses of Traditional Leaders should oversee the nomination of candidates to the Provincial House of Traditional Leaders.
The election process at a provincial level must ensure fair representation from all areas across the Province. The number of members must be reasonable and manageable. Details will be incorporated into legislation.
Each provincial House must ensure that at least one third of its membership is drawn from women. This requirement will be phased in.
The life cycle of the Houses should be five years as is presently the case.
The existing legislation provides only for one form of accountability, namely the submission of annual reports to the relevant legislatures. The legislation does not provide guidelines regarding the content of such annual reports. As a result of this omission, our legislatures have found it difficult to evaluate the performance of the various Houses.
The existing laws also do not provide for the introduction of a performance management system for the various Houses. They also do not provide for reports to be presented by the Houses regarding the execution of their mandates, as set out in the applicable laws.
Provincial and national legislation will deal with all these matters.
Accountability for performance is closely linked to accountability for expenditure and for the use of the budget of the various Houses. The majority of the Houses are not directly accountable for the use of their funds. This matter will be addressed through the mechanisms provided for in the Public Finance Management Act. This Act provides for the designation of accounting officers and for the control of public funds.
Since members of the National and Provincial Houses of Traditional Leaders serve on a part-time basis, the status quo, in relation to their remuneration, should be maintained subject to decisions taken from time to time by the Remuneration Commission. In other words, they will be paid allowances in line with the sessional nature of their work. The position of the Chairpersons and Deputy Chairpersons, at both national and provincial levels, stands on a different footing. They will get salaries in accordance with their full-time status as full-time members of the Houses.
At a district level it is proposed that District Houses of Traditional Leaders be established. This structure will replace regional authorities and other structures similar thereto. These Houses will focus primarily on advising district municipalities on matters pertaining to custom and customary law, traditional communities, traditional leadership and development. Generally, these Houses will, at a district level, exercise the same authority, and discharge the same responsibilities, as are presently entrusted to the Provincial Houses of Traditional Leaders. They will also play the role outlined in chapter 3. Membership will be part-time. The number of members must be reasonable and manageable. Women must be represented in accordance with the principles set out for Provincial Houses. The principles set out in chapter 4.7.2 will also apply in respect of the District Houses.
In those instances where traditional authorities exist within the area of jurisdiction of a metropolitan municipality, the National Minister responsible for traditional leadership may authorise the establishment of a Metropolitan House of Traditional Leaders.
The Department of Provincial and Local Government and the Northern Cape Provincial Government are presently handling issues relating to traditional leadership and governance in respect of the Khoi-San people. The matter is being dealt with within the context of the processes initiated by this White Paper.
Thus the recognition of traditional leadership will be handled by the proposed Commission on Traditional Leadership Disputes and Claims.
The proposed legislation dealing with traditional leadership issues will also apply to the Khoi-San and their claims to traditional leadership.
The customary law of African communities was characterised by a lack of effective mechanisms to deal with claims and dispute resolution. For example, when there was a dispute regarding a traditional leadership position, some of the methods used to settle the dispute were to split the tribe, to declare war or to suppress one of the claimants or parties to the dispute. Later, legislation was devised as a means of addressing and settling disputes. Such legislation also transferred powers to identify, appoint and/or recognise and depose traditional leaders from traditional institutions, to the government. In the process, the role of customary institutions in the application of the substantive customary rules and procedures as regards the identification, appointment, removal and settlement of disputes relating to traditional leadership, were substantially reduced. In some instances, not only was illegitimate traditional leaders and authority structures appointed or established, but other legitimate traditional leaders were removed and legitimate authority structures disestablished.
In addition, the absence of well-defined boundaries led to conflict and boundary disputes. The advent of colonialism, and later apartheid, saw the definition and determination of areas of authority and jurisdiction of traditional leadership. In many instances, this definition and determination was arbitrarily done and also led to conflict and divided or led to the disintegration of communities. This has imposed new challenges where the democratic government must ensure that historical matters such as the division and amalgamation of tribes, the establishment and recognition of new tribes, the exclusion of some community members from their traditional authority areas as a result of the determination of traditional authority boundaries and the resolution of disputes where the same portion of land has been defined to form part of two or more traditional authorities, are addressed.
Homeland governments, too, passed their own laws that empowered them to, among others, appoint and/or terminate services of traditional leaders, in some cases in a manner that did not comply with custom. This, in some cases, also led to disputes. Various commissions of inquiry were appointed for purposes of resolving traditional leadership disputes and claims. Because these commissions were provincially/regionally appointed and those who appointed them had a substantial interest in the disputes, and because these commissions could only make recommendations on their findings, they failed to resolve the disputes either because their recommendations were rejected or not implemented. In a number of cases, the courts were also asked to pronounce on the legality of administrative acts as well as on the application of customary rules and procedures. They held that the statutory and subsequent administrative framework superseded customary processes. They took cognisance of customary processes only to the extent that the legislation concerned provided for the recognition thereof, if at all.
There is a strong body of opinion, also supported by traditional leaders and traditional communities, that an independent mechanism should be established to deal with the legitimacy and/or illegitimacy of traditional leaders. Indeed, this is the correct approach. An independent national commission should be established within the national sphere of government to address this situation.
In order to ensure that it is given adequate authority, it must be established in terms of national legislation that is separate from provincial legislation and the Commissions Act No. 8 of 1947. The Commission will be established for a period of five years, and its life may be extended from time to time as circumstances may demand.
where good grounds exist, the Commission may, either on request or of its own accord, also investigate any other matter relevant to the above issues, and which the Commission deems fit.
The commission may, subject to paragraph (f) above, consider cases dating as far back as 1927. This is the year in which the Black Administration Act No. 38 of 1927 was promulgated.
When discharging its mandate, the commission will be guided by the requirements set out in legislation relating to the recognition of traditional leaders and traditional leadership institutions. The commission will also conduct investigations and research into the background of the claims and disputes that will be placed before it. It will, therefore, be provided with the necessary resources to enable it to discharge its functions effectively.
During the existence of the National Commission, all provincially appointed commissions' recommendations shall not be implemented. Claims that arise after the term of office of the commission will be dealt with by structures provided for in terms of other applicable legislation.
The commission will use the Constitution, applicable legislation, custom and customary law as a basic source of reference. Although the commission will be nationally-based, provincial issues, in their variety, will be the key matters that the commission will be addressing. The commission will report to the national Ministry responsible for traditional leadership and its findings will be final and binding on all the parties involved.
The 1996 Constitution provides for the continuation of all law that was in force when the 1996 Constitution took effect, provided such legislation is consistent with the Constitution. Included in this body of law is the so-called "old order legislation", for example. legislation that was enacted before the 1993 Constitution took effect. Where this old order legislation has not been amended to have a wider application, it only applies in the area, and to the people, for which it was originally enacted. This means that all the old order legislation pertaining to traditional leaders and traditional leadership institutions remains in place today. This legislation differs from province to province, and was passed during a now discarded ideological framework and period.
The 1993 Constitution provided for the assignment of the administration of a law to a province if that law, amongst other requirements, fell within the functional areas that were specified in Schedule 6 to the 1993 Constitution. "Traditional authorities" and "indigenous law and customary law" were among those functional areas. Most of the laws pertaining to traditional leadership were assigned to the respective provinces under the 1993 Constitution. The laws that were so assigned under the 1993 Constitution are regarded as provincial legislation in terms of section 239 of the 1996 Constitution. Some of the laws so assigned are set out in the Annexure hereto.
However, it must be borne in mind that there are several instances where only particular provisions of a law were assigned to provinces.
White Paper on Traditional Leadership and Governance 66 assignment to a particular Ministry in terms of Proclamation No. R.102 of 3 June 1994. This approach has resulted in a fragmentation of laws in so far as responsibility for the administration of different provisions is concerned. This can best be illustrated by referring to the position pertaining to the Black Administration Act No. 38 of 1927. Some sections are the responsibility of the Department of Land Affairs (sections dealing with land), the Department of Justice (sections dealing with customary courts and inheritance), the Department of Home Affairs (the section dealing with marriages) and the Department of Provincial and Local Government (responsible for a number of other sections).
Sections 2(7), (7)bis, (7)ter and (8).
In terms of Part A of Schedule 4 to the 1996 Constitution, "Traditional leadership" and "Indigenous law and customary law" are functional areas of concurrent national and provincial legislative competence, subject to Chapter 12 of the 1996 Constitution. Section 76, read with section 44, of the Constitution entitles Parliament to pass legislation in respect of traditional leadership, with both the National Assembly and the National Council of Provinces being involved. Although Parliament does not have the competence to repeal or amend provincial legislation, national legislation would prevail over provincial legislation if it complies with the requirements set out in section 146 of the 1996 Constitution.
The fact that provinces have to administer different sets of laws within their area of jurisdiction has raised the need for rationalisation of such different laws within the provinces themselves.
Whereas the Black Administration Act No. 38 of 1927, and the Black Authorities Act No. 68 of 1951, were the key statutes which outlined the policy on Blacks and the institution of traditional leadership, there are numerous laws relating to the institution and which require review.
In order to lay the basis for a coordinated approach to address the current fragmentation of legislation relating to traditional leadership, it is proposed that national framework legislation be enacted as a matter of urgency. The national legislation will be complemented by concomitant provincial legislation. It stands to reason that the envisaged national framework legislation must comply with section 146 of the Constitution if it is to prevail over existing provincial legislation.
notion of Supreme Chief; and the support the three spheres of government will give to the institution.
clear indication of matters traditional leaders cannot entertain; and financial arrangements relating to traditional leadership institutions.
The above lists are not exhaustive.
It is envisaged that the drafting of the national framework legislation will be attended to by a specially constituted task team. This task team will also assist provinces with the drafting of the envisaged complementary provincial legislation.
Black Administration Act No.
Black Authorities Act No.
KwaZulu Amakhosi and Iziphakanyiswa Act No.
Bophuthatswana Traditional Authorities Act No.
KwaNdebele Traditional Authorities Act No.
QwaQwa Administration of Authorities Act No.
Government Notice No.
Transkei Constitution Act No.
Transkei Authorities Act No.
Ciskei Administrative Authorities Act No.
Venda Traditional Leaders Administration Proclamation of 1991.
The future of these laws will be dealt with when the proposed national framework legislation is being formulated.
Once the basic national framework legislation and complementary provincial legislation have been enacted, a more comprehensive process of rationalisation of other existing laws will be embarked upon to clear the statute book of unnecessary and unconstitutional laws.
Traditional leaders should be custodians of tradition and culture. Their role in respect of governance should be advisory, supportive and promotional in nature. In this regard, they should work with all three spheres of government. The advisory role referred to must also be enhanced by, among others, ensuring that the National and Provincial Houses play a meaningful role in legislative processes and other matters affecting tradition and culture.
The legitimacy of those occupying positions within the institution should be beyond reproach. Traditional leaders should be involved in nation-building initiatives and, at the same time, they must promote the rights of cultural, linguistic and religious communities. Traditional leaders should promote the implementation of development proposals by assisting municipalities in building consensus in respect of development projects and plans. The institution should also continue to play a defined role within the criminal justice system and in land administration issues.
When traditional leaders have to be identified and designated as such, the State should play a limited role which is guided by the culture and tradition of the relevant community. This will ensure that our country retains the African character of the institution.
In addition, a number of national and provincial departments intend, within the context and parameters of the 1996 Constitution, to allocate roles and responsibilities to traditional leaders and traditional leadership institutions. Municipalities can also allocate certain responsibilities to traditional leaders.
The functions performed by traditional leaders throughout the country differ from one province to another. The Constitution also entrusts the responsibility to legislate on traditional leadership issues to the national government and the provincial governments.
White Paper on Traditional Leadership and Governance setting out a national framework for the provinces, and providing norms and standards, will be passed.
The institution of traditional leadership is also not homogeneous. Culture and tradition differ from one community to another. Accordingly, the various provincial legislatures will, when developing legislation on the role of the institution and on other issues flowing from this policy document, and falling within their legislative competence, take into account their peculiar circumstances. The national and provincial spheres of government will, at an intergovernmental level, have to agree on the timeframes for this legislative process and how it is going to be managed.
The legislative process referred to will deal, primarily, with the laws cited in chapter 5. However, there are a number of other laws that have a bearing on the institution. There is an ongoing process relating to the rationalisation of these laws. This rationalisation process will lead to the repeal or amendment of a number of laws administered by the national and provincial spheres of government.
The policy positions contained herein reflect the views of South Africans from different parts of the country.
Potential investors are furthermore awaiting the clarification of certain policies relating to rural governance. Rural development is a priority of government. The legacy of underdevelopment in rural areas will, through such discussions, be addressed to the benefit of all our people. It is only through unity in action for change that we will prosper as nation.
The section of this document dealing with values should also be used to kindle debates on such values as UBUNTU. A value-driven society can, and will, achieve prosperity. We look forward to traditional leaders assuming a leadership role to tackle, not only this challenge, but a myriad of other challenges our society is confronted with.
White Paper on Traditional Leadership and Governance where co-operative governance and accountable government in traditional authority areas will be the features which stand out for all to see. Finally, government will promote discussion and debate aimed at ensuring better understanding of the changes being brought about by this White Paper. The transformation of the institution of traditional leadership is one of a number of challenges which have a direct bearing on the advancement of rural communities.
Old homeland and South African legislation.
Regulations Prescribing the Duties, Powers, Privileges and Conditions of Service of Chiefs and Headmen, 1957 (Proclamation No.
Land Regulations, 1969 (Proclamation No. R.
Transkeian Authorities Act No.
Chiefs Courts Act No.
Administrative Authorities Act No.
Pounds Act No.
Land Use Regulations Act No.
Regulations for the Control of Residents on and the Occupation of Privately Owned or Tribally Owned Land in Black Areas, 1967 (Proclamation No. R.
Betterment Areas Proclamation, 1967 (Proclamation No. R.
Nature Conservation Act No. 10 of 1987.
White Paper on Traditional Leadership and Governance the South African Development Trust, 1968 Proclamation No. R.
Bophuthatswana Traditional Authorities Act No. 23 of 1978, including Government Act No.
Bophuthatswana Traditional Courts Act No.
Bophuthatswana Registration of Customary Unions Act No.
QwaQwa Administration of Authorities Act No. 6 of 1983, including the Regulations prescribing the Duties, Powers, Privileges and Conditions of Service of Chiefs and Headmen (Government Notice No.
QwaQwa Levying of Tribal Taxes Act No.
QwaQwa Pounds Act No.
QwaQwa Nature Conservation Act No.
Regulations prescribing the Duties, Powers, Privileges and Conditions of Service of Chiefs and Headmen, 1957 (Proclamation No.
Bophuthatswana Wheel Tax Act No.
Regulations Relating to Community Services in Black Areas (issued in terms of Act No.
KwaZulu Pounds Act No.
KwaZulu Act on the Code of Zulu Law, No.
KwaZulu Act on the Licensing and Control of Dogs, No.
KwaZulu Nature Conservation Act No.
District and Territorial Councils Act No.
Venda Traditional Leaders Proclamation, 1991 (Proclamation No.
Gazankulu Pounds Act No.
Lebowa Tribal Rates Act No.
Lebowa Royal Allowance Act No.
Lebowa Pounds Act No.
Gazankulu Nature Conservation Act No.
Lebowa Nature Conservation Act No.
Lebowa Dipping Tax Act No.
Venda Pounds Act No.
Venda Registration and Control of Dogs Act No.
Nature Conservation and National Parks Act No.
Venda Land Affairs Proclamation, 1990 (Proclamation No.
Licensing and Control of Dogs Act No.
Payment of Allowances to Members of the Regional Authority Act No.
KaNgwane Land Levies Act No.
KwaNdebele Pounds Act No.
KwaNdebele Levying of Taxes by Traditional Authorities Act No.
KwaNdebele Lingoma Act No.
Proclamation Concerning Payment by Blacks of Rentals for Arable and Residential Allotments and of Fees for Grazing on Certain Land Owned by the South African Development Trust, 1968 (Proclamation No. R.
Nature Conservation Act No.
Registration and Control of Dogs Act No.
Registration of Customary Unions Act No.
Lebowa Dipping Tax Act No. 9 of 1976.
Bophuthatswana Wheels Tax Act No.
Mmabana Cultural Foundations Act No.
Bophuthatswana Nature Conservation Act No.
Livestock and Grazing Control Act No. 16 of 1983.
<fn>GOV-ZA.25470aEn.2012-02-10.en.txt</fn>
Words in bold type in brackets omissions enactments.
To amend the Foodstuffs, Cosmetics and Disinfectants Act, 1972, so as to provide for the authorization of medical practitioners, environmental health officers, veterinarians and other persons deemedfit to administer the provisions of this Act; to increase the sum to be deposited by an accusedrequesting firther analysis or examinationof a sample; to regulate food premises and the handling of foodstuffs, the importation and exportation and foodstuffs, the removal, detention and destructionof food-producing animals or foodstuffs, the inspection of food-producinganimals, the medical examinationoffoodhandlers, waterusedforfood processing and the charging of fees; to regulate mollusc fhrming and fish firming; to. remove the requirement in respect of secrecy;to simplifl- the penalties in terms ofthe Act; to provide for delegations to officers of provincial departments; and to provide for matters incidental thereto.
BEIT ENACTED by the Parliament of the Republic of South Afiica.
"To control the sale, manuhture, [and] importationandexportation of foodstuffs, cosmetics and disinfectants; andto provide for incidental matters."
Amendmentofsection 1 of Act 54 of 1972 as amended by section 1of Act 32of 1981 2.
by the substitution forthe definition of "appliance" of the following definition: ''appliance" means the whole or any part of any implement, machine, instrument, apparatus, eauir>ment.
[drug] medicine as defined in the [Drugs] Medicines and Related Substances Act, 1965(Act 101of 1965))intended to be rubbed, poured, sprinkled or sprayedonorotherwiseapplied to the human body, including the euidennis. hair. teeth. mucous membranes of the oral cavitv. lips and externaI genital organs, for purposesof cleansing, perfiunim. correcting bodvodours.
"environmental health officer" means a person registered as such in.
terms ofthe Health Professions Act. 1974 Act56 of 19741.
1961 (Act No.
1.2 No.
by the substitution forthe definition.
"Minister".
by the insertion after the definitionof"package" of the following definition; "medical uractitioner"means a Demon registered as such in terms of the Health ProfessionsAct.
by the insertion after the definition of "treated of the following definition: "veterinarian" meansauersonregistered as such in terms of the Veterinary and Para-Veterinary ProfessionsAct. 1982 Act 19 of 19821.'
Amendment of section 10 of Act 54 of 1972 as amended by section 2 of Act 32 of 1981 3.
"(b) for the purposes of the administration of any provision of this Act by a localauthorityundersection 23, by any medicalDractitioner, environmentalhealth oficer. veterinarianor anv other person employed by such local authority as a health inspector) deemed fit and penerally or speciallv authorized thereto in writing by such local authority."
(4 . .. .. by the substitutionforparagraph(c)ofsubsection (3) of the following paragraph:.
. by the substitutionforparagraph (e) ofsubsection (3) of the following paragraph: "(d) in respect of any foodstue by any person appointed under section 28 [lS]of the Standards Act, 1993 (Act No 29 of 19932 [1962(Act No.33 of 19621as an inspector for the purposesof that Act."
Amendment of section 13 of Act 54 of 1972 ~. .~..
Amendment of section 15 of Act 54 of 1972as amended by section 4 of Act 32of 1981 5.
or servinp of anv foodstuff.
4 the examination of. and the control andsuoervisionof the manufacture, preparation. storage. keeping. and disoatch of.any foodstuff intended for sale in orexportfiom the Republic. and the orohibition of the which is. diseased or unsound or unfit for human consumption, or which has been exposedto any infection or contamination; the removalor detention.
unwholesome or unfit for human consumption, and the seizure or destruction or treatment or disposal.so as to prevent danger to health. of anysuchfoodstuffwhich is found to beunwholesome, unsound, infected of contaminated. and of diseased animals sold or intended to be sold for human consumption; the warning. to be given to any person that any foodstuff sold. kept, dispatched or exposed for sale by him has been foundto be below any standard of composition. strentzth. purity or auality prescribed in terms of this Act and the issue of orders prohibitingthe sale or the keeping or exposure for sale of such foodstuff.or requiring the closing ofany food premises the foodstuff from which is found. after analvsis and official warning. to be below anv such standard; the inspection of dairv cattle. animals intendedfor human consumption, andpremises any is processed.
or prohibition of water intended for food processing originating.
(x) the reauirements relating~. . ~.~to.. ouritv,...
(bb)the fees which may be paid in respect of the taking of anysample. &e examination or analvsis of any sample so taken.
Regulations made under subsection (1) shall also apply. in so far asthev can be applied. in resDectofthe auality. ingredients. preuaration, manufacture.oackmg;,conveying;and storing of any article of food preuared or manufactured in a private dwelling for the uurposes of sale 1, to the public..
Insertion of a new section15A in Act 54 of 1972 6.
the rermlation. control.
the ~uritv. chemical and of.
cornPosition and the addition of source substances to.
the rewlation. control. restriction or prohibition of the cultivation. breeding, storage or tmst>ort of molluscsor fish cultivated or bred for the purposes of human consumption.
Repeal of section 16of Act 54 of 1972 7. Section 16 of the principal Act is hereby repealed.
Amendmentof section 18 of Act 54 of 1972 8.
(a) on a first conviction,--to-a-fine--.
(c)onathirdor subsequent conviction, to a fine [notexceeding two thousand rand] or to imprisonment for a period not exceeding twenty-four monthsor to both such fine and such imprisonment.
Amendment of section 25 of Act 54 of 1972 as amended by section 5 of Act 32 of 1981 9.
of another government department to exercise or perform in general or in a particular case or in cases of a particularnature, any power, duty or functions conferred or imposed on the Director-General in termsof this Act.
<fn>GOV-ZA.2547En.2012-02-10.en.txt</fn>
The revamped Wonderboom National Airport in Pretoria is expected to be used extensively during the 2010 FIFA World Cup to transport fans and FIFA delegates to and from the host city.
<fn>GOV-ZA.254remunerationofpublicofficebearersact201998En.2012-02-10.en.txt</fn>
In celebration of Madiba s 93rd birthday on 18 Monday Minister Nathi Mthethwa will dirty his hands serving the public at the Mthatha Police Station, after which he will be in overalls cleaning up the small Eastern Cape town as his contribution to making South Africa a better and safe country.
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URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20023&tid=37456 Size: 2KB Collection: speeches_cm?
Mpumalanga MEC for Finance, Mrs Pinky Phosa together with the newly elected mayor for Dr Pixley ka Isaka Seme local municipality, Mr Vincent Malatji will lead a contingent of departmental officials during an eventful activities to celebrate Mandela Day.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=19941&tid=37211 Size: 4KB Speaker: A Motshekga Collection: speeches_cm?
On 18 July the nation and the world celebrates the birthday of the most revered statesman and the icon of the liberation struggle Nelson Mandela.
<fn>GOV-ZA.25540En.2012-02-10.en.txt</fn>
The Minister of Transport intends introducing the Road Accident Fund Amendment Bill to Parliament in October 2003. The explanatory summaryof the bill is published in accordance with Rule 241 (c) of the Rules of the National Assembly.
(As introduced in the National Assembly as a section 75-Bill; explanatory summary of Bill published in GovernmentGazette No.
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
To amend the Road Accident Fund Act, 1996, so as to make further provision for the liability of the Fund anditsagents; to providefor the determination, in accordance with a prescribed tariff, of the liability of the Fund in respect of medical and related costs; to render deductibie all collateral benefits resulting in double compensation inthe case of a bodily injury ordeath; to limit the liability of the Fund in respect of the claims of non-residents of the Republic; to exclude the liability of the Fundin respect of a claim for. emotional shock sustained as a result of witnessing, observing or being informed of the bodily injuryor death of another person; to provide for the resolution of disputes through mediation and arbitration in accordance witha prescribed procedure; and to provide formatters connected therewith.
[shall be entitled] must, after furnishing the third party concerned with an undertaking to that effect or a competent court has directed the Fund or -.the agentto.
[to] pay the amount payable byit or the agent in respect of the saidloss, by instalments in arrear [as agreed upon.
includes a claim for future non-patrimonial loss, the Fund or an agent must, after furnishinn the third party concerned with that effect or a competent court has directed the Fund or the agent to that portion of the amount payablebv the Fund or the aqentin respect of the saidloss, that exceeds the prescribed amount.
17A. The liability of the Fund or an aqent to compensate a third party in respect of the costs of accommodationin a hospital or nursinahome, medical goods is limited to the prescribed medical tariff.
17B. Where a third partv is entitled to compensation in terms of benefits from whatever source, including insurance, pension or gratuitous benefits, payable to the third party as a result of that iniurv or death must be deducted from the compensation payable in terms of this Act, except benefits which the.third party Drovesto be leaallv reimbursable to the payer after comDensation had been paid in terms of this Act.
Amendment of section 18 of Act 56 of 1996 3.
loss or damaqe contemplated in section 17 is limited to the amount determined bv the Minister. on the recommendationof the Board, bv notice in the Gazette or the amount determinedin accordance with section17B. whichever is the lesser amount.
Amendment of section 19 of Act 56 of 1996 4.
Amendment of section 24 of Act 56 of 1996 5.
before the expiry of a period of120 days from the date on which the claim was sent or delivered by hand to the Fund or the agent as Contemplated, in subsection(1); and before all requirements contemplated in section 19(0 have been complied with: Provided thatif the Fund or the agent repudiates in writing liability for the claim before the expiry of the said may at any period, the third party time after such repudiationserve summons on the Fund or the aglent, as the case may be unless the third Dartv has exhausted the prescribed procedure for the resolution of diswtes through mediation and arbitration.
Act, and any such claim must be dealt with as if those sections of this Act had not been enacted.
lo No.
Sections 17(4)(a) and (b) asamendedbythisAct, section 17(4)(c) and section24(6) as amended by this Act, apply toall claims for compensation under section17 of the principal Act, that have not been finalised prior to the commencement date of this Act.
26 of the any notice published in theGazettewithin a period of three months after the commencement dateof this Act and as a result of this Act, may provide that such regulation or notice must be deemed on the to have come into operation commencement date of this Act.
<fn>GOV-ZA.25562oEn.2012-02-10.en.txt</fn>
The Minister for Agriculture and Land Affairs intends to introduce the Communal Land Rights Bill in the National Assembly in 2003. . The Bill as it is to be introduced together with a Memorandum on the Objects of the Bill, are hereby published in terms of Rule 241(1) of the Rules of the National Assembly.
This Notice replaces Notice 2520 published in Government Gazette No.25492 of 3 October 2003.
Approved by Cabinet 8.10.
"Board"means, withtheexception of Chapter9, aLandRights Board, established in terms; of section26.
"community"' means a group or portion of a groupof persons whose rights to land are derived from shared rules determining access to land held in common by such group; "community rules" mean the rules registered in terms of section 20(1); "comparable!
(Act 108 of 1996); "Deed of CommunalLand. Right"meansadeed in terms of which a new order right is registered in the name of a person as contemplated in sectio'n 6; "Deeds Registries Act" means the Deeds Registries Act, 1937 (ActNo.
0 any right or interest based pure1.
at any time vested in a government contemplated by the Self-Governing, Territories Constitution Act,1971(Act No. 21 of 1!371) or of the former Republics of Transkei, Bophuthatswana, Venda or Ciskei, or in the South AfricanDevelopmentTrust established by section4 of the Development Trust and Land Act, 1 !336 (ActNo.
was listed in the schedulesto the Black Land Act, 191 3 (ActNo. 2;7 of 1913) or the schedule of released areas in terms of the Development Trust and Land Act,1936 (Act No.
land to which the KwaZulu-Natal lngonyama Trust Act, 1994 (Act No.
land acquired by, or for, a community whether registered in its name or not; and any other land, including land which provides equitable access to land to a community as contemplated in section 256 of the Constitution, as the Minister may determine by notice in the Gazefte;PROVIDED THAT theMinistermay in such notice specifywhichprovisions of thisAct apply to such land.
the title deed relating to land contemplated in paragraph (a) and any mortgage bondor other deed registered in respect of such land must in the prescribed manner be endorsed by the Registrarof Deeds to reflect the community as the registered owner.
If adocument.contemplated in paragraph (a) cannot belodged, the Registrar must accept an appropriate affidavit to that effect by the holder of such right or the Minister.
transfer the entire communal land determined by her or him to be the land to which a community is entitled, to such community subject to the conditions contemplated in section 19(4) which are applicable to such land;; and despite the provisions of any other law to the contrary, on behalf of such community and in respect of such.
have a communal general plan prepared and approved in terms of the Land Survey Act, 1997 (Act No.
transfer, by meansof a Deedof Communal Land Right or other appropriate deed, the new order rights to the persons determined by her or him to be entitled to such rights, to such persons; and generally do all things necessary to give effect to her or his determination and this section.
A suitably qualified official of the Department may perform the functions of a conveyancer as may be requiredin terms of the Deeds Registries Act.
Registrable in of land, new transactions respect including communal register must be registered in terms of this Act and the Deeds Registries Act.
Conversion of registered new order right intofreehold ownership freehold ownership and such community must, subject to community rules and any may impose any conldition or reserve any right in favour of the community.
Onapplication by the holder referred to in subsection (I), the Registrar of Deeds must in the prescribed manner record the conversion contemplated in this section.
stamp office are not payable! in respect of any registration required to give effect to sections 5 and 6. ..
Surveying and registration costs and registration requiredto give effect to sections 5 and 6.
Minister determines cannot be legally secured, determine an award of comparable redress to such holder.
For the purposes of this Acl4 the Minister may, with the written agreement of the holder of an old order right and on such conditionsas may be agreed to, cancel such right.
(1,) Prior to securing anoldorderright in terms of section 4 or transferring comparable redress in terms of section 12, the Ministermust initiate a land rights enquiry.
any rnatter relevant to a determination to be made by the Minister in terms of section 19; and any other matter as prescribed or as instructed by the Minister.
TheMinistermayin the prescribed mannerdesignateanofficerof the Department or appoint a suitable other person to conduct a land rights inquiry and may, with theconcurrenceoftheMinister of Finance, remunerateand pay allowances to such other person..
Notice of land rightts enquiry a noti& of an enquiry inviting interested parties to participate in such enquiry; and a notice regarding the determinations made consequent upon a completed land rights enquiiy.
If theMinisterhavingreceivedareport by a landrightsenquireris satisfied that the requirements of this Act have been met, she or he must, having regard to such report, all relevant law including legislation governing spatial planning, local government and agriculture, the old order rightsof all affected right holders and the need to promote genderequalityinrespect of land, makeadeterminationas contemplated in sutxections (2) and (3).
of the land to be transferred to a community or person.
and must determine the holder or holders of a new order right.
such rnatters as may be prescribed; and any matter considered by the cornmunity to be necessary.
Community rules are binding on the community and its members and must be accessible to the public and are on registration deemed to be a matter of public knowledge.
A community must apply to the Director-General for the registration of its adopted rules.
If the Director-Generalis satisfied that the adopted community rules comply with the requirements of this Act, she or he must havesuchrulesregistered in the prescribedmanner by a Registration Officer in the Department designated by her or him, for that purpose.
Should a community fail to adopt and have community rules registered, thestandardrulesprescribedbyRegulationasadaptedbytheMinister to such community, are dleemed to be the rules of such community and must be registered as the rules of such community.
Establishment of a land administration committee may only be disestablishedif its existence is no longer required by this Act.
(b)Anyprovision in this Actwhichrefersto, orisapplicabletoa traditional council is intended to establish norms and standards and a nationalpolicywithregard to communal landrights, to effect uniformity across the nation.
A land adrjinistration committee mustconsist of atotalnumber.of members as determined by the applicable community rules and must comply with this section.
Subjecttosubsection 22(2) themembers of a landadministration commiftee must be persons not holding any traditional leadership position and must be elected by the community.
At least one third of the total membership must be women.
(iii)onemustrepresenttheinterests.
(vi)onemustrepresenttheinterests of theyouth as defined in section 1 of the National Youth Commission Act, 1996 (Act No. 19 of 1996).
A memberoftheboard is appointed foraperiod of fiveyearsbutthe Minister mayin her or his discretion extend such termof office by a further period not exceeding six months until a new board member has been appointed.
(b)When a chairperson is unable to perform her or his duties, the deputy chairperson must perform such duties.
The Minister mustpublishinthe Gazette thenamesofandposition held by each appointee to a Board and the date on which each appointment takes effect and such other information as may be prescribed.
Disqualification as Board member is declared by a court of law to be mentally incompetent or is detained undertheMentalHealthCareAct, 1973 (Act No.
has been determined by a court, tribunal or forum as contemplated by the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000) to have contravened section 7 or any other provision of that Act; or is an elected political representative at the national, provincial or local sphere of government.
(d)has,, without the leave of theboard, beenabsentfrom two ormore meetings of the board during a continuous twelve-month period.
board by the Minister.
performance Board at any time enter upon any communal land; enquire into any relevant matter; inspectanydocument in the possession of any land administration committee or any rights holder concerning old and new order rights and make copies of such document; and and a Board has all powers necessaryor incidental to theperformance of its functions.
Board members who are not employed by.
Parliament for this purpose.
No. 3 KZ of 1994 applies is, from the date of commencement of this Act, governed by the provisions of that Act as amendedby this Act and, to the extent provided forin this Chapter, by the provisions of this Act.
34 of this Act.
The provisions of this Actmust, in the event of anyinconsistency in the provisions of this Act and those of the KwaZulu-Natal lngonyama Trust Act, 1994, prevail.
Provision of assistance toa community community or person to give effectto the implementation of this Act.
Despite the other provisionsof this Act and the provisions of any other law, no infrastructure and from performing its constitutional functions oncommunalland however held or owned.
AdministrativeJusticeAct, 2000 (Act No. 3 of 2000) expropriate land, a portion of land in land.
The Expropriation Act, 1975(Act No. 63 of1975)must, withthe necessary changes, apply to an expropriation under this Act, and any reference to the Minister of Public Works in that Act must be construed as a reference to the I Minister for the purpose of such expropriation.
Where the Minister expropriates land, a portion of land or a right in land under this Act, the!
The Minister and a Board, in their capacities as such and on behalf of any community or person, each has the legal capacityto institute or intervene in any, legal proceedings arising from or related to this Act.
178 No.
is guilty of an offence.
A person convicted of an.
in the case of an offence referred to in section 48(1) or (2),to a fine or imprisonment for a period not exceeding two years, or both such fine and imprisonment; and in the case ofanoffencereferred to in section 48(3), to the penalty applicable to a similar offence in a magistrate's court.
A magistrate'scourthasthepower to impose anypenalty in terms of this section.
This Act binds the State.
The laws mentioned in the Schedule to this Actareherebyamended or repealed to the extent set out in the third column of that Schedule; PROVIDED THAT any legislation governing an old order right remains in force until repealed by a competentauthority, and the provisions of thisActmust, in the event of any inconsistency in the provisionsof this Act and thoseof such legislation, prevail.
Repeal of sections 6 and 7.
Act 47 Deeds 1.
Rights Act, 2003 16C. Neworder rights shall transferred by means 9f adeed communal land right..
'a by the insertion of the following definition !ter the definition of 'court'?
means plan represents the positions been by recognised by law as a land surveyor, an(whichhasbeenapproved, provisionall! approved or certified as a general pian b! a or office surveyor-general other empowered under any law so to approve provisionally approve orcertifyagenera plan, and includes a general plan or cop) thereofpreparedinasurveyor-general office andprovisionall?
"'person',for the purpose anof registration in terms of this Act includes E trust and, for the purpose theof Communal Land Rights Act, 2003 includes a communitv:".
Repeal of section 20.
"25A. As from the coming into operation of the CommunalLand Rights Act, 2003 this Act shall apply thrqughout the Republic.".
1. Any quitrent title referred to in Proclamation 196 of 1920.
Proclamation 170 of 1922.. imendment of section 5 by the deletion of ubsection (2).
GAZETTE, 2003 1.
"(5) Thelngonyama shall not encumber pledge, lease, alienate orotherwise disposc of any of the said land or any interest or rea right in the land, unless he has obtained the priorwrittenconsent of the communi@ concerned, and otherwise than in accordancc with the provisions of any law.".
eferred to in section 3 and the real and other my other law, be transferred.
Venda Land Repeal of the whole.
Control Act, 1986 Proclama-Venda Land Repeal of sections 1, i!
1990 province under section 235(8) of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993).
Part 5: Laws of the former Ciskei from which Proclamation No. R. 188 of 1969 is repealed in that. area.
186 No..
SouthAfrica'sinequitableandracially-basedsystern of land tenure causesan unsustainable imbalance in its citizens' access to land, legal recognition afforded to land rights and the consequent levels of security of tlenure, and the registration of those rights.
inequities and occasioned by a plethora of disparate laws and adminiistrative systems, perpetuate the imbalance in the enjoyment of the fundamental human and constitutional rights and prevent social and economic advancement of these areas.
The objects of the Bill are mandated by section25(5) and (6) of the Constitution.
The implementation of the Bill will require an extensive communication strategy, the provision and training of Departmental staff and the members of the Land Rights Boards, the conducting of land rightsenquiriesand the resolution of disputes around land and tenurerights, the tlraining ofandsupportto communities and their land administration committees and the provision of equipment, and administration. The estimated annualtotal cost is R 68 318 299.00.
Department of National Treasury.
Department of Water Affairs and Forestry.
Directorate: Traditional Affairs;.
Mpumatanga Provincial Government (the office of the senior State Law Advisor in.
The organisations represented the '. Reference .. following were in Group established by Minister participate in drafting the'Bill: . .. -.
of 3. Department .,..
Legal Resources Centre; ..
A total of 50 workshops were organized at the national, provincialand community society.
The Department will conduct an extensive communication campaign involving all categories of electronic and print, media, and community-based communication methods. Workshops with the publicand communities will also be held.
<fn>GOV-ZA.25570En.2012-02-10.en.txt</fn>
TheMinisterresponsiblefortheGovernmentCommunicationand Information System, in cohsultation with the Board of the Media Development and'Diversity Agency and in terms of section 22 of theMediaDevelopmentDiversityAgencyAct(Act 14 of 2002) makes the regulations in the Schedule.
General criteria for selecting community media, small commercial media and research projects.
the likely impact of the project on.
subject to regulation 3(2), the financial sustainability of the project.
the extent of the involvementand participation of the comqunity in the decision-making processes of the project; and be satisfied that any financial surplusgeneratedbytheproject will be reinvested in the media project.
the &mm&t.
community; and the project's overall performance.
Board may determine conditionsfor support as contemplated in section 17 of the Act.
complete the relevant application form provided by the Agency; and @) provide the Agency with the inionnation requiredin sub-regulation (2).
Anydocumentrequired in terms of sub-regulation (2) must be an originalora certified copy of the original.
For the first financial year of the Agency, the Board must allocate a maximum of35%of the funds as contemplated in section 15(1) of the Act for use as contemplatedin section 15(2)(b) of the Act.
(b) In subsequentfinancialyears of theAgency, theBoardmustallocatea maximum of 25% of the funds as contemplated in section 15(1) of the Act, for use as contemplated in section 15(2)@) of the Act.
<fn>GOV-ZA.255eEn.2012-02-10.en.txt</fn>
[without reference to a Main Committee (A/55/383/Add.
Urges all States and regional economic organizations to sign and ratify the United Nations Convention against Transnational Organized Crime and the protocols thereto as soon as possible in order to ensure the speedy entry into force of the Convention and the protocols thereto.
Bearing in mind the principle of equal rights and self-determination of peoples, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,2 1 A/55/383/Add.2.
2 Resolution 2625 (XXV), annex.
This Protocol supplements the United Nations Convention against Transnational Organized Crime. It shall be interpreted together with the Convention.
The provisions of the Convention shall apply, mutatis mutandis, to this Protocol unless otherwise provided herein.
The offences established in accordance with article 5 of this Protocol shall be regarded as offences established in accordance with the Convention.
The purpose of this Protocol is to promote, facilitate and strengthen cooperation among States Parties in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.
"Firearm" shall mean any portable barrelled weapon that expels, is designed to expel or may be readily converted to expel a shot, bullet or projectile by the action of an explosive, excluding antique firearms or their replicas. Antique firearms and their replicas shall be defined in accordance with domestic law.
"Tracing" shall mean the systematic tracking of firearms and, where possible, their parts and components and ammunition from manufacturer to purchaser for the purpose of assisting the competent authorities of States Parties in detecting, investigating and analysing illicit manufacturing and illicit trafficking.
This Protocol shall apply, except as otherwise stated herein, to the prevention of illicit manufacturing of and trafficking in firearms, their parts and components and ammunition and to the investigation and prosecution of offences established in accordance with article 5 of this Protocol where those offences are transnational in nature and involve an organized criminal group.
This Protocol shall not apply to state-to-state transactions or to state transfers in cases where the application of the Protocol would prejudice the right of a State Party to take action in the interest of national security consistent with the Charter of the United Nations.
Falsifying or illicitly obliterating, removing or altering the marking(s) on firearms required by article 8 of this Protocol.
Organizing, directing, aiding, abetting, facilitating or counselling the commission of an offence established in accordance with paragraph 1 of this article.
Without prejudice to article 12 of the Convention, States Parties shall adopt, to the greatest extent possible within their domestic legal systems, such measures as may be necessary to enable confiscation of firearms, their parts and components and ammunition that have been illicitly manufactured or trafficked.
States Parties shall adopt, within their domestic legal systems, such measures as may be necessary to prevent illicitly manufactured and trafficked firearms, parts and components and ammunition from falling into the hands of unauthorized persons by seizing and destroying such firearms, their parts and components and ammunition unless other disposal has been officially authorized, provided that the firearms have been marked and the methods of disposal of those firearms and ammunition have been recorded.
Each State Party shall ensure the maintenance, for not less than ten years, of information in relation to firearms and, where appropriate and feasible, their parts and components and ammunition that is necessary to trace and identify those firearms and, where appropriate and feasible, their parts and components and ammunition which are illicitly manufactured or trafficked and to prevent and detect such activities.
In cases involving international transactions in firearms, their parts and components and ammunition, the issuance and expiration dates of the appropriate licences or authorizations, the country of export, the country of import, the transit countries, where appropriate, and the final recipient and the description and quantity of the articles.
Require appropriate simple marking on each imported firearm, permitting identification of the country of import and, where possible, the year of import and enabling the competent authorities of that country to trace the firearm, and a unique marking, if the firearm does not bear such a marking.
Ensure, at the time of transfer of a firearm from government stocks to permanent civilian use, the appropriate unique marking permitting identification by all States Parties of the transferring country.
States Parties shall encourage the firearms manufacturing industry to develop measures against the removal or alteration of markings.
Verification by a competent authority is to include a certificate or record attesting to the deactivation of the firearm or a clearly visible mark to that effect stamped on the firearm.
Each State Party shall establish or maintain an effective system of export and import licensing or authorization, as well as of measures on international transit, for the transfer of firearms, their parts and components and ammunition.
That, without prejudice to bilateral or multilateral agreements or arrangements favouring landlocked States, the transit States have, at a minimum, given notice in writing, prior to shipment, that they have no objection to the transit.
The export and import licence or authorization and accompanying documentation together shall contain information that, at a minimum, shall include the place and the date of issuance, the date of expiration, the country of export, the country of import, the final recipient, a description and the quantity of the firearms, their parts and components and ammunition and, whenever there is transit, the countries of transit. The information contained in the import licence must be provided in advance to the transit States.
The importing State Party shall, upon request, inform the exporting State Party of the receipt of the dispatched shipment of firearms, their parts and components or ammunition.
Each State Party shall, within available means, take such measures as may be necessary to ensure that licensing or authorization procedures are secure and that the authenticity of licensing or authorization documents can be verified or validated.
States Parties may adopt simplified procedures for the temporary import and export and the transit of firearms, their parts and components and ammunition for verifiable lawful purposes such as hunting, sport shooting, evaluation, exhibitions or repairs.
To increase the effectiveness of import, export and transit controls, including, where appropriate, border controls, and of police and customs transborder cooperation.
Without prejudice to articles 27 and 28 of the Convention, States Parties shall exchange among themselves, consistent with their respective domestic legal and administrative systems, relevant case-specific information on matters such as authorized producers, dealers, importers, exporters and, whenever possible, carriers of firearms, their parts and components and ammunition.
Legislative experiences and practices and measures to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.
States Parties shall provide to or share with each other, as appropriate, relevant scientific and technological information useful to law enforcement authorities in order to enhance each other's abilities to prevent, detect and investigate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition and to prosecute the persons involved in those illicit activities.
States Parties shall cooperate in the tracing of firearms, their parts and components and ammunition that may have been illicitly manufactured or trafficked. Such cooperation shall include the provision of prompt responses to requests for assistance in tracing such firearms, their parts and components and ammunition, within available means.
Subject to the basic concepts of its legal system or any international agreements, each State Party shall guarantee the confidentiality of and comply with any restrictions on the use of information that it receives from another State Party pursuant to this article, including proprietary information pertaining to commercial transactions, if requested to do so by the State Party providing the information. If such confidentiality cannot be maintained, the State Party that provided the information shall be notified prior to its disclosure.
States Parties shall cooperate at the bilateral, regional and international levels to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition.
Without prejudice to article 18, paragraph 13, of the Convention, each State Party shall identify a national body or a single point of contact to act as liaison between it and other States Parties on matters relating to this Protocol.
States Parties shall seek the support and cooperation of manufacturers, dealers, importers, exporters, brokers and commercial carriers of firearms, their parts and components and ammunition to prevent and detect the illicit activities referred to in paragraph 1 of this article.
States Parties shall cooperate with each other and with relevant international organizations, as appropriate, so that States Parties may receive, upon request, the training and technical assistance necessary to enhance their ability to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, including technical, financial and material assistance in those matters identified in articles 29 and 30 of the Convention.
With a view to preventing and combating illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, States Parties that have not yet done so shall consider establishing a system for regulating the activities of those who engage in brokering.
Requiring disclosure on import and export licences or authorizations, or accompanying documents, of the names and locations of brokers involved in the transaction.
States Parties that have established a system of authorization regarding brokering as set forth in paragraph 1 of this article are encouraged to include information on brokers and brokering in their exchanges of information under article 12 of this Protocol and to retain records regarding brokers and brokering in accordance with article 7 of this Protocol.
III.
Settlement of disputes l. States Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol through negotiation.
Any dispute between two or more States Parties concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.
Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.
Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
This Protocol shall be open to all States for signature at United Nations Headquarters in New York from the thirtieth day after its adoption by the General Assembly until 12 December 2002.
This Protocol shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Protocol in accordance with paragraph 1 of this article.
This Protocol is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.
This Protocol is open for accession by any State or any regional economic integration organization of which at least one member State is a Party to this Protocol. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the extent of its competence with respect to matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.
This Protocol shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, except that it shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.
For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth instrument of such action, this Protocol shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Protocol enters into force pursuant to paragraph 1 of this article, whichever is the later.
After the expiry of five years from the entry into force of this Protocol, a State Party to the Protocol may propose an amendment and file it with the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The States Parties to this Protocol meeting at the Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties to this Protocol present and voting at the meeting of the Conference of the Parties.
Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa.
An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.
An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.
When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Protocol and any earlier amendments that they have ratified, accepted or approved.
A State Party may denounce this Protocol by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.
A regional economic integration organization shall cease to be a Party to this Protocol when all of its member States have denounced it.
The Secretary-General of the United Nations is designated depositary of this Protocol.
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Protocol.
<fn>GOV-ZA.25601En.2012-02-10.en.txt</fn>
No. Page Gazette No. No.
DEPARTMENT OF HEALTH No.
The Minister of Health intends to table the Tobacco Products Control Amendment Bill, 2004 in Parliament next year.
Director: Health Promotion, within one monthof the date of this notice.
1 1 boldin in square brackets indicate omissions from existing enactments.
Words with solid line indicate insertions in existingunderlineda enactments.
'vending machine';. amend definitions 'publicplace' and. 'tobacco product';toprovidefortheenforcement of national regulations; to prohibit and restrict sales to and by.minors.; to restrict tobacco sales from vending machines; to 'prohibit the' tax-free and duty-free saleof tobacco products; to provide measures illicit trade in tobacco products; to increase the to prevent penalties; and to provide for matters incidental thereto.
Amendment of the Preamble 3 1.
Amendment of section 1 of Act 83 of 1993 2.
66 6 boat, substitution for the definition of ¶'public place" of the following definition: " 'publicplace' meansindoor, [or] enclosed area which is any open to the public or any part of the public, and includes a workplace and a public -d xn or.
Amendment of section 2 of Act 83 of 1993 3.
Amendment of section 3 of Act 83 of 1993 4.
"Advertising, sponsorship, promotion .. . and -1 information that is reqJlirehin respect of [packages] the packagineof tobacco products.".
fc) the insertion (After subsection (2) (c) of the following subsection:..
Amendment of section 3A of Act 83 of 1993 5.
Amendment of section 4 of Act 83 of 1993 6.
"4 Prohibition of sale of tobacco products to mdlg persons under the age of 161 18years.".
"(1) No person shall sell or supply any tobacco product to any person under the age of [16] 18 years [,whether for his personal useor not].".
Amendment of section5 of Act83 of 1993 7. Section 5 of the principal Act ishereby amended by-'. 4..
(b) . the substitution'for subsection (1)0f.th.
shall be restricted [to pIaces in.
the substitution for subsection (2) of the following.
dof 2 ikt .. . (d) the deletion of subsection (3) Amendment of section 6 of Act 83 of 1993 8.
the deletion of subsection (2).
before issuing any regulations under this Act, cause a draft of the regulation to be.publisheh in the Gazette, together with a notice declaring his mha intention to issue such regulation and inviting interested persons tb furnish him etherwith any, comments thereon or representations in connection therewith within a specified period..
Amendment of section 7of Act.83,of 1993 9.
(2) Any person who contravenes or fails to comply with any provisions of sections 40) or 5Uor fails to comply with any notice issued in terms section 4(1) shall be guilty of an offence and liableon conviction.
Any notice or regulation issued by the Minister prior to the coming into operation of this Act shall remainin force until amended, repealedor replaced by a notice or regulation made by the Minister in terms of this Act.
2003, and comes into operation on a date to be fixed by the President by proclamation in the Gazette.
Different dates may be fixed in respect of different provisions of this Act.
fjiEiiiiGiikNDLiNi ON THE OBJECTS OF THE TOBACCO PRODUCTS CONTROL AMENDMENT BILL, 2003 2.5 Clause 5 seeks for a manufacturer, importer and retailer to supply to the Minister with information relating to the tobacco product and further provides for the Ministerto-issue regulations relatingto the type of information as well as the format in which such information shall be submitted to the Minister.
2.6 Clause-6 seeks to increase the restriction on the sale of a tobacco product to Children under the age of 16 years to under the ageof 18 years to bring the legislation in line with the Constitutionas well as the international Framework Conventionof Tobacco Control. ..
2.7 Clause 7 seeks to restrict the sale of tobacco products through vending machines and seeks to prohibit the sale of tax-and duty-free tobacco products.
There will be no negative financial implicationsfor the'state. The positive financial implications that the Bill will have for the State is that additional revenue will be generated through the prohibition of duty-and tax-free salesof tobacco productsas well as the fines imposed, for any contraventionof the tobacco legislation.
There will be no implications as a result of the Bill forthcoming to any of the provinces.
The Bill will have an impact on municipalities in that it seeks a municipality to implement and enforce the provisions of the tobacco legislation. To this extent the functions and duties of officers such as health inspectorsand port health officials already in the employ of~a municipality will be extendedto include the enforcement of the tobacco legislation.
Department of. Justice and the Director of Public Prosecutions.
The Director of Public Prosecutions 'has expressed the opinion that the degree of some of the fines might be excessive but it has been decidedto revisit this issue once the comment of the public has also been received.
The Departmentof Local and Provincial Government has further indicatedthat as municipalities do have the capacity in enforcing the provisions envisagedby the Bill.
and tax-free sale of tobacco products, but the Departmentof Health is of the opinion that there are no financial or legal considerations which justify the duty-and tax-free sale of tobacco products.
The State Law Advisers and the Department of Health are of the opinion that the Bill must be dealt with in accordance with Parliamentary procedure established by section 76(1) or (2) of the Constitution, sinceit falls within the functional areaslisted in Schedule 4 to the Constitution, namely "Health Services" and Municipal health services".
<fn>GOV-ZA.25610En.2012-02-10.en.txt</fn>
Measures Amendment Bill, 2003 for public information, discussion and comment.
[ ] Words in bold typein square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
To amendtheHousingConsumersProtectionMeasures Act, 1998, so asto provide for certain revised definitions and the insertion of a new definition of "owner builder"; to make provision for the application for exemption of owner builders; to transfer the powers of granting exemption from the Minister to the NationalHomeBuildersRegistrationCouncil; andtoprovideformatters connected therewith.
Amendment of section 1of Act 95 of 1998 1.
"(b) to construct a home for purposes of sale, renting, leasing or otherwise disposing of such a home."
the bona fide building of occupation by that person; or a home by anyperson for builder, in the building of a home, unless such person is guilty of conduct as prescribed bv the Minister.
Insertion of section 10A in Act 95 of 1998 2.
lOA(1) An owner builder must apply in terms of section 29 of the Act to the Council for exemption from the application of sections 10 and 14 of the Act.
The Provisions of this section will not auuly to a person who physically uses hisher own labour to build a house for hisher occupation if the house is a art of an amroved Project Linked Housing Subsidy Proiect: People'sHousing Process Route, until the Minister issue regulations in this repard.
Amendment of section 14 of Act 95 of 1998 3.
the Council has accepted the submission contemplated in paragraph (a) and has entered it in the records of the Council; and the Council has issued a certificate of proof of enrolment in the prescribed form and manner to the home builder; and the provincial housing development board haspaid the prescribed fee to the Council in terms of the agreement contemplated in section 5(4)(c).
Amendment of section 18of Act 95of 1998 4.
and local government.
5The relevant local authority shall be responsiblefor informing any prospective home builder or owner builder of the possible application of the provisionsof this Act, prior to granting municipal approval for the commencement of the construction of a home.
Amendment of section 21 of Act 95of 1998.
"(b) contravenes a provision of section (lo)(1) or (2), 13(7), 14(1) or (2); 18(1) or (2) or 19(5)."
Amendment of section 22 of Act 95 of 1998 6.
(5) Irrespective of subsections (1) to (4).
29 of this Act, may, within one month from the date on which such decision was made known by the Council, lodge an aupeal in writing with the Ministeragainstsuchdecision, andthereupon the Minister may confirm, set aside or amend such decision of the Council.
Substitutionof section 29 of Act 95of 1998 7.
objdctive of thisAct, or the effectiveness of the Council; or the not be the effect be extremely prejudicial to the interests of the applicant and housing consumers.
The Council mustreachand make known adecisionwithin 60 daw of receipt of an application made to it.
An exemption conterndated in subsection (1) is not transferable.
This Act iscalledtheHousingConsumersProtectionMeasures Amendment Act, 2003, and comes into operation on a date to be fixed by the President by proclamation in the Gazette.
No 95 of 1998, hereinafter referred to as "the Act".
to ensure that the purpose for which a home is constructed is dealt with as comprehensivelyaspossible, theexpressions"renting"and"leasing"are inserted in paragraph (b) of the definition.
paragraph (d) of the definition hasproven tobeproblematic. In terms of various legal opinions, including that of the Chief State Law Adviser, it has been established that the current wording of paragraph (d) excludes so-called "owner builders" from the scope of application of the Act. Although the aim and purpose of the Act is to provide protection to all housing consumers, it was recognised that in some cases consumers would wish to build a home for occupation by themselves, using own resources. These resources would include both labour and the financing of building costs. In such casesthe application of the Act wouldin effect meanthatconsumersarebeing protectedagainstthemselves, whichforobviousreasonsdoesnot make sense.
It was, however, never the intention of the legislature to totally exclude these owner builders from the applicationof the Act, but rather that they be entitled to apply for exemption from the provisions of the Act, so as to ensure that they are indeed bona fide owner builders, and not just builders trying to take advantage of the situation. As mentioned, paragraph (d) of the definition of "business of a home builder" has not achieved this, and it has been decided to rather delete paragraph (d) and make provision for a substantive definition of the expression "owner builder".
(a)enable the newly defined"ownerbuilder"toapplyforexemptionfrom the application of the provisions of the Act in terms oftheprocesssetout in section 29 of the Act.
(b)exclude from the applicationoftheAct, at least until such time as the Minister has issued regulations on the matter, persons who physically build their own home as part of an approved Subsidy Project in terms of the People's Housing Process programme. These persons are essentially in the same position as owner builders but for the fact that these homes fall within the low cost housing category.
Section 14 is amended to exclude the expressions "except in respect of any deposit payable" and "solely" as these expressions have become obsolete within application of the provisions of the Act at a later stage. In view of the fact that the Minister has decided that all houses must be enrolled, the qualification has become obsolete.
Section 22 oftheAct is being amended by the insertion of subsection (5),which enables persons who are aggrieved by any decision made by the Council in terms of section 29, to lodge an appeal with the Minister.. This is necessitated by the fact that section 29 is being amended to allow the Council, and not the Minister, to grant or refuse applications.for exemption.
<fn>GOV-ZA.256localgoverntmunicipalperformanceregulations2006En.2012-02-10.en.txt</fn>
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URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20190&tid=37953 Size: 13KB Speaker: B Nzimande Collection: speeches_cm?
The KwaZulu-Natal MEC for Department of Agriculture, Environmental Affairs and Rural Development, Mrs Lydia Johnson together with eThekwini Deputy Mayor Councillor Nomvuzo Shabalala and a hundred volunteers effectively used a clean-up campaign to mark the 67 minutes of goodwill of celebrating Nelson Mandela s birthday on 18 July 2011.
Addressing the community, the MEC said Mandela decided to leave school to fight for this country s freedom.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20063&tid=37493 Size: 2KB Speaker: J Zuma Collection: speeches_cm?
<fn>GOV-ZA.25765En.2012-02-10.en.txt</fn>
The Co-operatives Bill, 2004, is hereby publishedfor general comment.
I in brackets indicate omissions fromWords bold type in square existing enactments.
To provide for the formation, registration of co-operatives. estabishment of a Co-operativesAdvisoryBoard, windingup of co-operatives and to provide for matters connected therewith.
BE ITENACTED by the Parliament of the Republic of SouthAfrica.
Transfer of membership, membership loan or share --.
Annual general meetings '8.
Minutes of directors' meetings 4s.
CHAPTER 8 66.
Transitional provisions relating to the judicial management ofco-operati\.
In thi\ .\ct. unles\ the context indicates otherwise- **auditor means; I pmon registered as such in terms of the Public Accountants'.~nd.-ltdi~or\'Act. 19'1 I (Act No.
I 1 I cotnprises le55 than the minimum number of persons required to register 114 a co-operative.
(/)J elc'ct\ not to comply with any provision(s) of the Act applicable to co-operati\e\ for a specified reason(s) acceptable to the registrar.
"primnr!. co-operatiye" means a co-operative formed by a minimum of seven per\on\ \\ how object is to provide employment orservices to its members: 45 "secondary co-operative" means a co-operative formed by two or more primary c'o-cqwati\c\ to p1-01ide services to its members; "t'ederal co-operative" means a co-operative formed by two or more secondary L~o-opcmti\es to pro\-itle services to its members; "co-operati\e apes organization" means a co-operativeformed by primary 50 co-olc~rLlti\es tt co-operativegoups.andorsecondaryandor federal co-o!u;\l1\ c\ (<) pro\ide w\ ices to its members, and to represent the interests of .~o-<l~~c~.. Iii\ yecitic sector or region or province or nationally?
"department" means the Department of Trade and Industr!
the "generalmeeting" means ameeting of the members of; t co-operati\e or co-operative group, and may include, as the context indicates. an Annual General Meeting ("AGM"), a special general meeting or a regional or prwincial ~~elleral meeting; ~ "ordinaryresolution" means a resolutionpassed at a generalmeeting b! the majority of the members present: "Minister" means the Minister of Trade and Industry: "membership share"means a share issued tothe members of a co-opernti\ e a\; I requirement of membership of the co-operative; "memberloan" means a by a member the loan to co-operativt.. "patronage proportion" means the allocation by a co-operuti\.e to its member based on the business done by the member with or through the co-operati\ e: "prescribed" means prescribed by regulation: "registrar" means the Registrar of Co-operatives and "deput! registr~u-"\hall have a corresponding meaning: "special resolution"means a resolution passed at a general meeting by; I tm~orit! of not less than two thirds of the members present. or such greater majority ~5 ~na! be specified in the constitution of a co-operative: "surplus" means thefinancial surplus arising from the operations of; I co-operative in a financial year; and "this Act" includes regulations made thereunder.
to promote the development of autonomous. self reliant co-operati\,es.
to encourage persons and groups who subscribe to \dues of \elf-rclianct. and self-help. and who choose to work together in democratically co11trolled enterpri\e\.
to the extentfeasible, membersprovide the capital required b!
to provide for reserves, to be set aside in a reserve fund. a part of %.
for community welfare or the promotion of co-operative enterprisej: or as a distribution amongst its members as a patronage return.
(,f) it educates its members and employees on theprinciples andmethods of co-operation.
(7)A co-operative may restrict the classesof persons eligible for membership if such restrictionreasonablyrelates to the business of the co-operative as set out in its constitution and to the commercial ability of theco-operativeto provide services to prospecti1.
(3)The constitution of a secondary co-operative or federation or co-operative apex hvdy may provide that the members have more than one vote, despite subsection(I)(b).
(i); I minimum of se\'en persons that intend to found a primary co-operative.
tuo or moresecondary co-operatives that intend to form a federal co-operatiw. ti\) a minimum of five co-operatives and/or co-operative groups that intend to form an apex organization. i2 i The follov.ing persons may not make an application under subsection (1): ((/Ian indi\ idual who is an un-rehabilitated insolvent or a legal entity which was cleclured insolvent or was liquidated; or (/I) ;~n of mind.
i I Before wbmitting an application to found a co-operative there must be at least one meeting of interested persons at which a business planfor the proposed co-operative ih appl-o\,ed.;I constitution ofthe proposed co-operative is adopted, and the first directors xc electcd.
I 2 An application to register a co-operative must be submitted to the registrar in the prescribed fornn. and accompanied by the prescribed fee.
tn o copies of the constitution of the co-op, signed by the founder members:; I I1cl dl a list of the directors.
The registrar must register the co-operative, and issue a certificate of registration with; I rs$wation number. if he or she is satisfied that- ((/) the constitution complies with the Act; fill it appears from the business plan that the business will be sustainable; and ((') the propowtl name of the co-operative complies with section IO(1).
A co-operative will be incorporated as a legal person with effect t'rom the d;w 011 ahich it is registered. as reflected on its registration certificatt..
A person who enters or purports to enter into a written contrtlct in the n:mc ot or on behalf of a co-operative before it is registered. is personall!. bound b!, the conti-act and is entitled to the benefits flowing from that contract. unle\\ the contract exp~-c\\i! provides otherwise.
(2)A co-operative may, within areasonabletime after it\ registration. ratlt! thz contractreferred to in subsection (1) by a decision of the nujorit)~ of member\ in; I meeting of members.
fa the co-operative is bound by the contract and entitled to it\ benetit.
the person who originally entered into the contract cease\ lo be hound I,! the contract or be entitled to the benefits of the said contract.
The proposed name of the co-operative must not be the wnw 01' \o \imil;~r to that of an existing co-operative that it may be misleading. or a n;me that is ~~ndt.s~rablc. prohibited, or to misleading.
A co-operative must have the words "co-operative" or "co-op": I\part of it4 name. Further, it must include as the last word of its name the \vord "limited" or Ihc abbreviation "ltd.", unless theconstitution of a co-operati1.e pro\,ide\ for unlirllltctl liability.
(3)A co-operative must set out its name in legible characters in all contract\. il\ ()ice\. negotiable instruments, letters and orders and places of business?
(4)If the name of a co-operative is indicative of a restriction on the business that nu! be carried on by it, the constitution of the co-operative may not be amended to ren~nc that restriction unless its name is also amended.
The registrar may direct a co-operative to change it\ name if the co-operati\ e's name contravenes section 10.
If a co-operative does not comply with a directive from the reyimar under subsection (1) within sixty days from date of receipt thereof. the registrar may ihsue; L certificate of amendment revoking the name of the co-operatijre and assigniny; I ne\\ name.
(3)The constitution of the co-operative is deemed to be amended accordingl!, on the date shown in the certificate of amendment issued in terms of subsection (7).
(3)On issuing a certificate of amendment under subsection (7).the registrar \lust publishthe change of name immediately in a publicationgenerally; tvailable to the public in the area(s) where the majority of the members reside.
Every entity, other than a co-operative or co-operative group registered in term\ of this Act is guilty of an offence if the entity uses or authorises the use of the word or expression "co-operative","co-op","co-operativelimited"."co-operati\.e Itd". "co-op Itd" or "co-operative group"as part of its name or in any manner in connection n, ith the conduct of its business so that the entity could reasonably be considered to be holding itself out as carrying on businessas a co-operative.
I(/) 'That each member has one vote in thegeneralmeeting of theco-operative. except in the case of a secondary or federal co-operative. or a co-operative apex body. where the constitution may permit a member to have more than one \.ore.
business of the co-operative: iti Any restrictions on the business of the co-operative; ij The requirements for membership of the co-operative, including the amount of an!.
i, jJ The requirements for withdrawal of membership of a co-operative, including an!. pro\.
Pro\ision for a specified percentage of thesurplus to be transferred to an incli\ isible reserw fund: (/J Pro\ision for the distribution of the assets of the co-operative on its i)iri The date the tinancial year of the co-operative ends.
(3)Wherc; I member is required to hold shares in a co-operative upon application or acceptance its; I member.
(/I) The nomin;tl value of the shares: Whether the membership shares are to be issued fully paid upor not fully paid up.
It/) The maximurn percentage of the share capital of a co-operative a member may hold: ~CJ Thc circumstances under which shares issued to a member may be cancelled.
mceting in her or his stead: (c') Under what conditions. if any.
Thc power of the board of directors to delegate to a sub-committee or director.
(jj Provision for the resolution of disputes between members ot'the co-operati\ e. or between a member(s) of the co-operative and the co-operatiit. itwlf'. h! way of private arbitration or otherwise.
hj is not invalid by reason only of the fact that it does not pro\.ide tor; I matter for which it must provide in terms of this Act.
The constitution of a co-operative may be amended by the co-operative b! special resolution.
(2)Notice of the general meeting at which a proposal to amend the constitution i\ to be considered must set out the proposed amendment.
An amendment of a constitution will come into operation on the date it ic registered with the registrar unless a later date is specified in the special resolution.
(4)The registrar must approve an amendment to the constitution that is submitted in the prescribed form if he or she is satisfied the prwisions of the Act ha\ e heen couqdied with.
(5)If the registrar is not satisfied that the provisions of the Act ha\e been complied with he or she may conditionally approve or reject the application.
(6)No amendment to the constitution affects an existing cause of action or claim OI-liability to prosecution in favour of or against the co-operati\r or its directol-s or an! civil. criminal. administrative, investigative or other action or proceeding to which; I co-operative orareits directors a party.
A co-operative may do all such things as may be reasonably nece\.;ar' to carr! out its objects. subject to any exclusions or qualifications imposed h! its constitution with reference to the powers listed in Schedule 1 hereto or otherwise. and \uhject to the provisions of this Act.
If a co-operative performs any act forwhich it does not ha\e the po\ve~-.the co-operative and each director of the co-operative Lvho authorised the pertormancr of' such act or participated in the granting of such authorisation or in the performmcc. of such act. knowing that the co-operative is not empowered to perform such act. will he an guilty of offence.
A co-operative must maintain a registered office in the plact. set out in its constitution.
(2)A co-operative must notify the registrar of the physical address of' it\ registered office. as well as any electronic address, telephone or telefax numbers. in the prcscrihed form.
(3)A co-operative must notify the registrar in the prescribed fornm \4 ithin tifteen clay if the physical or electronic address as notified in subsection (2)changes.
the co-operative's constitutionand by-laws, if any.
the minutes of meetings ofthe board of directors in aminutebook. as section envisaged in 44; fdj an attendance register, recording the attendance of directors at meetings of the board, as envisaged in section 45; el a list of its members, setting out their names and addresses.
a register of directors interests in contracts or undertakings, as envisaged in section 1X: and ill i adequate accounting records, including records reflectingthetransactions between each metnber and the co-operative for the purpose of calculating the proportion.
(2)A co-operative must retain its accounting records fora period of six years after the end of the tinancial year to which they relate.
The registrar may issue guidelines to co-operatives regarding the mannerin which the records referred to in (I) above must be kept, including guidelines allowing a ccwperativerecordsto keep in an electronic format.
(1)Members of a co-operative may examine the records referred toin paragraphs (I) to f, y) of subsection (I) during the normal business hours of the co-operative and may t;lhe extracts from the records. free of charge, orhavecopies of them made after paynxnt of; I reasonable fee.
(5)De\pite subsection (-I), where the constitution of a co-operative provides for the establishmrnt of;^ supenisory board. only members of the supervisory board shall have; ICCCS> to the tninutes of tneetings of the board of directors, kept in accordance with paragraph fc,) of subwction (I).
A co-operati\,e or director who fails to comply with any provision of subsection I \vi11 be guilty of an offence.
CHAPTER 3 18.
membership fh) the application has been approved by the board of directors; and (('/ (hepermn has complied with the membership provisions required by the constitution.includingpayment of anyentrance fees, subscribing for any minimum number of membership shares, paying anyminimumamount on account of the subscription price of the shares or paying any minimum amount 35 on; Iccount of; Imetnber loan.
(2)An inch\ idual uho is under the age of twenty-one years may make an application under p:uxpph ((I/ of subsection (1) with the consentof her or his guardian or parents.
(3)If all the conditions set out in subsection (1) have been met within six months of the date on n.hich the co-operative receives the application for membership, the board of directon may make the admission of the member effective as of the date of the applicntion or as of any date after that date but before the end of the six months.
It/ A right to participate to the fullest extent possible in the decision-making proces\es of the co-operative. including but not limited to the right to attend and ote at general meetings. to be elected to the board of directors or, where applicable.
((') A right to appoint 21 nominee to receive the member's shares when the member 55 dics. or to transfer his or her share to anotherperson, and to share in the distribution of any surplus.
To be bound by the constitution of the co-operati\,e. and b!
To attend general meetings, and to submit; I written apolog! in the e\ L>n llci it is not possible for the member to do so.
(I j A member may withdraw his or her member.;hip in a c(l-opel-nti\ e hy \Iritter1 notice to the co-operative. (2)Any such withdrawal of membership is effectilse on the date on \$,hich the co-operative receives the notice. (3)The co-operative must within a reasonable period. but not longcr than tu o !C;II-after the date a member's withdrawal becomes effectiw. repay the nlenlber the no111in;ll value of her or his shares. all member loans, all other amounts held to he memlw.\ creditand all amounts outstanding on loans made to the co-operati\,c b! thc. mcnlbcr. together with any interest accrued on those amounts up to the date of the pa!'tnent. (4) Notwithstandingsubsection (3), if a co-operativedetermine\ 011 re;lsonahlc. 20 25 grounds that the repayment envisaged in subsection (3) would ad\.cr~el! ;1ft'i:ct th~. financial well-being of the co-operative, it may direct that the repa\'ment he deterred t.or; I period not exceeding four years after the effective date of a notice of \\.ithcir:l\\ at.
(5)Unless the co-operative determines otherwise the withdrawal of: I mrmbcr trom the co-operative does not release the member from any debt or obligation to the co-operative or any contract between the member and the co-operativr.
Unlesstheconstitution or thisAct pro\-ide otherwise. the memher\hip of; I 35 member may be terminated by special resolution of the members.
If it is contemplated terminating the membership of a member h! special resolution, the board of directors must ensure that the member has receiwd the requisite notice. and allow the member concerned an opportunity to state his 01' her cast' at the senera1 meeting, before a decision in this regard is taken. The pro\.isions of this m~tiotl 40 should not be construed as preventing a general meeting from adoptiny wch re!-.olution in the member's absence.
If the membership of a member is terminated as contemplated in sub\ection I 1. the co-operative must inform the member concerned of such termination and the reawns therefor. 45 been terminated in terms of this section nlay onl! be re-admitted to membership by special resolution of the members.
If the membership of a co-operative is reduced to a number less than the number of members required for incorporation. and after six month's it remains at less than that nun~bttr.
/I that it be \\ound up in terms of the provisions of Chapter 9.
General meetings 25 26. (I) General Meetings must be held at the place(s)in the Republic provided for in thc constitution or. in the absence of such a provision, at the place where the registered offce of thc co-operative is located or any other place in the Republic that a general meeting ma) approw.
2I General rneetings shall be held as often as prescribed in the constitution, provided 30 ttxw i\; Lt least one general meeting every calendar year, known as the annual general nlecting.
i.3 Special yeneral meetings may be called at any time.
(4)The chairperson of the board of directors will chair all general meetings. or in her or hi\ absence the vice-chairperson. In the absence of both the chairperson and 35 \ ice-chairpcrwn of the board of directors. the meeting may elect an acting chairperson to chair that meeting.
(51 Subject to the constitution of a co-operative and any regulations under this Act, a member of: Ico-operative may attend a meeting of the co-operative by means of a relephonic. electronic or other communication facility if it pennits all participants to 40 co~nn~tmic:~te adecluately u.ith each other during the meeting. (61 Aperson participating in a meeting referred to in subsection (4) is deemed to be prehent at the meeting.
(7)If the constitution of a eo-operative permitsa member to appointa proxy to attend and \ore at a general meeting in her or his stead, the same person may not act as a proxy 45 (111 hehalf of more members than the number prescribed in the co-operative's con\titution. Thi\ number must not exceed twenty percent of the number of members entitled to late.
The first annual general meeting ("AGM") must be culled not 1att.r th;m eighteen months after the co-operative has been incorporated.
(3)The AGM must decide the following issues.
bJ approval of areport on the affairs of the co-operative for the pre\ ious tinancial year: approval of financial statements for the preceding tinancial !
futurebusinessplans of the co-operative: and c.f, plans to provide education and training for members and emplo>ees.
Whereregional or provincial AGMs are held in terms of 3 co-operati\e'h constitution, the constitution must provide that a conference of delegate\ ih held u ithin a period not exceeding two months of the last regional or provincial general meeting held, to ratify decisionstaken. The constitution of such aco-operative n1u<t further provide a means whereby any serious differences of opinion between dc.leptc\ f~-on~ different regions or provinces in respect of any of the issues identified in sub\ection ti may be resolved in a democratic manner.
Members must be given at least twenty-one days written notice ot; I gencral meeting. specifying the date, time and place of the meeting. and the agenda.
(2)The fact that a member has not received notice of a meeting does not in\ alirfatt. such meeting.
If a meeting of a co-operative is adjourned for less than thirt da!h. it is not necessary. unless the constitution provide otherwise. to give notice of the ad.journed meeting other than by announcement at the meeting that is adjourned.
(4)The provisions of subsections (1) to (3) shall apply to a conferenct-of dc'leg;w\ held in terms of a co-operative's constitution, with such changes as the conteXt ma! require.
thenotice of the general meeting specified the particulars of the resolution.
the resolution was passed by not less than two-thirds of the members prewnt: and in the event of a resolution to convert a co-operative into a compan! or close corporation, or to wind up the co-operative. it was passed b! at least 75 percent of all the members of the co-operative.
The constitution of a co-operative may require a larger majority of \'ores than specified in subsection (1) above for any specific purpose.
(3)Where the constitution of a co-operative provides for the holding of a conference of delegates, a special resolution must be passed both by the majority required in terms of subsections (1) and (2) at each regional or provincial general meetin concerned. and by not less than a majority of two-thirds of the delegates present at such conference of delegates?
A member may submit a resolution on any matter that the member proposesto raise at an annual general meeting.
Such resolution must be attached to the notice of the meeting. tosether with. if requested by the person proposing the resolution, a statement ofnot more than t\vo hundred words in support thereof.
it clearly appears that the purpose of theproposal is to enforce a personal claim or redress a personal grievance against the co-operative or its directors, ofiicers. members security holders.
(4)No co-operative or person acting on behalf of a co-operative incurs any liability by reason only of circulating a proposed resolution or statement in accordance with this section.
(5)If II co-operative refuses to attach a proposed resolution to a notice of a meeting. theboardmustnotify the person submitting the proposal assoonaspossible after receiving the proposal of the co-operative's intention to omit the proposed resolution from the notice. and its reasons for doing so.
The board of directors must prepare an alphabetical list of its members who are entitled to receive notice of andatvote general 15 meetings.
(2)Where a conference of delegates must be held. the board must prepare a list of delegates who are entitled to attend and vote at such meeting, and the names of their alternate\.
at the meeting for which the list was prepared.
The quorum fora general meeting must be one third of the number of members of a cc>-operati\i:present at the time which the meeting is called.
(2)Where the constitution provides for regional or provincial general meetings. the quorum mtlst be one third of the number of members in that province or region present at the timc the meeting is called.
(3)Ci'hcrc the constitution provides for a conference ofdelegates. the quorum must be one-third the number of delegates entitled to attend such conference present at the time the meeting is called.
(1)For the purposes of calculating thequorum, any apologies membershave submitted that; ire acceptable to theboard of directors must be deducted from the number of those who would otherwise be required to attend the meeting, in accordance uith a list prepared in terms of section 31.
(5)If the regiytrar is of the opinion that there is good reason, having regard to the kind of co-operatiw. to approve a provision in the constitution for a quorum of less than one-third. he or she may do so despitesubsections (1) and (2),provided that such quorun1 is not less than twenty percent of the members present.
(6)If a quorum is present. the members present may, unless the constitution provides othenvise. proceed with the business of the meeting even though a quorum is not present throu~hout the meeting.
(7)If a cporum is not present at the time the meeting is called, or within a reasonable period of timethereafter. as stipulated in the constitution, the members presentmay ad.jwrn the meeting to a determined date, time and place, but may not transact any other 45 business.
At a meeting adjourned in terms of subsection (7), the persons present at the date, time and place determined in accordance with the constitution shall constitute a quorum and may transact business on the initial notice.
33.(1) If a juristic person is entitled to vote at a meeting of a co-operative, it may be represented by any member of the juristic person concerned authorised to do so by rewlutian of its board of directors or executive committee or an equivalent structure.
(2)An incli\ idual who is authorised under subsection(1) to represent ajuristic person may cszrcise on behalf of the juristic person all the powers the juristic person could 55: ser-cise if it \vas an individual.
Voting at a general meeting or conference of delegate\ ma!- take place t! \ho\?
of hands unless the constitution provides otherwise, and subject to the provisions of subsections (2)and (3).
(2)Any person who is entitled to vote at a meeting may demand: I hallot either hetorc or after a vote by show of hands, in which event voting must be b!, ballot.
(3)Voting must be ballot in the event that there is one person acting; I\ pro.^! 011hch;~lt' of more than one member. or more than one such person.
Unlesstheconstitution provides otherwise. the board of directors ma!: i\c twenty one day's written notice of its intention to adopt a resolution in lieu of'; I gcne1.;ll meeting. which notice must be accompanied by a brief moti\ ation for the re;t\on\ I'oI-adopting a resolution in this manner, and of the resolution proposed.
(3)A copy of every resolution contemplated in subsection (1) mLlst be kept \\ it11 the minutes of the meeting.
The board of directors must cause minutes of genenl nxeting\ to be kept in one of the official languages of the Republic and to be entered in LI minurc boot, to he kept at the registered office of the co-operative.
(3)Minutes in respect of any general meeting must be circulated to thc memhcrs; I\ soon as possible after the meeting.andpresented for approval at the nest ycnc1-;11 meeting.
(3)For the purposes of subsection (I), loose leaves of paper u, ill not bc deemed to constitute a minute book. The pages or leaves of such book lnust be hound together permanently, and consecutively numbered.
(4)The minutes of any general meeting. signed by the chairperson of the board or; I person acting as chairperson, or a resolution adopted in terms of section 35. signecl b! the chairperson or person acting as chairperson, is in the absence of e\ idencc to the contrary, proof of the outcome of the vote or the resolution.
(5)The provisions of subsections (1) to (4) shall apply to a conference of deleg;ltt.\ held in terms of a co-operative's constitution, with such changes a5 the context m! require.
Membersconstituting not less than five percent of the members of; I co-operative may submit a written request calling on the directors to convene a genml meeting for the purpose stated in the request.
(2)SimilarIy members constituting not lessthan five percent of the member5 of; I region or province may submit a written request calling on the directors to con\we; I regional or provincial general meeting for the purpose stated in the request.
the board of directors have called a general meeting and gi\,en notice thereof: and the business of the meeting as stated in the request includes; I mtter v, hich it is not within the powers of the members to determine.
(5)A meeting called under this section must be called as nearly as possible in the manner in which meetings are to be called pursuant to the constitution and this Act.
(6)Unless the persons who are present and entitled to vote at a meeting called under wbhection (4) resolve otherwise, the co-operative must reimburse the persons who \ipnecl the requeht for the expenses reasonably incurred by them in requisitioning. c;~llingand holding the meeting.
(I 1 The affairs of a co-operative shall be managed by a board of directors, which \\ill.\ubject to the provisions of this Act and theconstitution of the co-operative, c\crci\c and perform the powers and of the duties co-operative. ! 2)The I, oard of directors will he elected by the members in general meeting in such nunner and tOr wch; Iperiod as may he set out in the constitution.
I iTo hold oftice as a director. a person must be a member of the co-operative. in the CLIW of; I primal-!. co-operative. or a member of a co-operative that is a member, in the CLLW of; I \econdary or federal co-operatives, or a co-operative apex organization. tlnlc\s the constitution allows a non-member to be a director.
I a person ho has at any time been convicted whether in the Republic or elsewherei of theft. fraud.forgery, perjury or any offenceinvolving dishonest! or in connection with the formation ormanagement of a co-operati\ e or other entity.
i(J upon the expiry of 30 days. or such shorter period as may be approved by the board. after he or she resiped as a director of the co-operative; and id) he or \he is removed from office under subsection (2).
(7)..\director ma!. at any time he removed from office by ordinary resolution passed, It; I gcnerd meeting of the co-operative.
I.; I Any \.acanc!t' on the board of directors of a co-operative arising from a circunlstmx referred to in subsection (1) and every vacancy caused by the death of a dircctor \vi11 be tilled in such manner as may be provided in the constitution, and every Jinxtor so appointed \vi11 hold office for the unexpired portion of the period of office of thc \ acatinz director or the director that died.
11. ! 1 Unles5 the constitution of a co-operative provides otherwise, the board of Lilrcctor\ 01'; I co-operatibe will at its first meeting after the incorporation of the co-opcwti\t' and thereafter as often as it may become necessary, elect a director as the L~ll:lll-per\onand another director as the vice-chairperson of the board.
during \uch absence or incapacity.
if he or she resigns as chairperson: or if he or she is removed from office under wbsection (2).
The chairperson or vice-chairperson of a board of directors rna!; it an! time he removed from office by 'the board.
A meeting of the boardof directors of a co-operative will be held at; I tinw and place determined by the boardor the chairperson of the board or any two di1-ectw\ of the board.
ftr a majority of all the directors will constitute a quorum for an!
in the event of an equality of votes the chairperson of the board or the perwn acting as chairperson, as the case may be. \vi11 hatme a casting \ ote in aclditioll to his or her deliberative vote.
(3)No resolution passed by a board of directors or act performed under thc authorit! of a board of directors will be invalid by reason only of a \.acarq 011 the boml 01-of' fact that a person who is not entitled to sit as a director sat as: I director at the timc \\hen the resolution was passed or the act was authorised: Pro\ided that the rewlution \\;I\ passed or the act was authorised by the requisite majority of the director\ \\ho \\ere present at the time and entitled tosit as directors.
The board of directors must cause minutes of the board meeting\ to be kcpt in one of the official languages of the Republic and to be entered in; I minute book to bc kept at the registered office of the co-operative.
Minutes in respect of any meeting of a board of directors will bc circulatetl to the directors as soon as possible after the meeting. and presented for appro\ al at thc next board meeting.
(3)A resolution of a board of directors in the fomm of a written resolution signed b! all the directors will constitute a decision of the board and milst be entered in the minute book referred to in subsection (1). The provisions of section 36(3)appl!, rrrfctrrt;\, umdis to such a minute book.
The minutesof any meeting of a board of directors purporting tobe signed by the chairperson of the board or a person who acted as chairperson, as the case may be. will in any court beprimafacieproof of the taking place of anything which according to such minutes took place at the meeting.
Every director present at any meeting of the board of directors must at the meeting sign hisor her name under the dateof the meeting in an attendance register with permanently bound leaves to be kept for such purpose by the co-operati\,e.
The attendance register will be kept at the registered office of the co-operative or such other place as may be determined by the co-operative with the approval of the registrar.
The board of directors may subject to such limitations and qualifications as may be set out in the constitution of the co-operative, delegate any of its powers to a director or a committee of directors, or authorise a director or any such committee to perform any of the board's duties or to act as the co-operative's representative or agent.
(2)A delegation under subsection (I) will not prevent the exercise of the relevant po~erby the board itself.
(-3) The provisions of section 48 will, with the necessary amendments.apply in respect ot'; I committee referred to in subsection (1).
1. A director or otficer of a co-operative will not be liable to any person in his or her person;1I capacity for any loss or damage which may occur in or in connection with the pertol-mance of his or her duties.
rli conduct u hich is or was intended to defraud any person or for any other fraudulent purpose. in Lvhich case he or she will be liable in his or her personal capxity without any limitations of liability.
48.I I ;\ tlil-ector must. in accordance with this section, disclose to the co-operative the n;tturc and extent ot' any interest that the director has in amaterialcontract or transactlon. or; I proposed material contract or transaction. with the co-operative, and; my material change to such interest.
(2)Thi\ section t1oe.s not require the disclosure of an interest in a contract or transaction that is a\.ailable to and customarily entered into between the co-operative and it\ nwmhers. if the contract or transaction is on the same terms as are generally awilablr to rnembers.
(3)Thc director must make disclosure in writing, and the fact that a director has made disclo\tlrc must he recorded in the minutes of the meetings of directors.
f ' I if there is a material change in the director's interest in the proposed contract or proposed transaction.
tli if the director becomes interested in the contract or transaction after it is made.
c 1 it' the director had an interest in the contract or transaction before becoming a director.
~IV, are of the contract or transaction.
61 Tilt. hoard of directors must keep a register of directors' interests in contracts or unclrrtahings. and enter therein full particulars of every disclosure of interest made in lcr111\ofthi\ vxtion.
A director or an employee of a co-operative mag not accept an! conln~~~~ion. remuneration or reward from any person for or in connection with an!. t1-m\acoon 10 which the co-operative is a partyunless suchcommission. remunerntion or I-cu ml i\ paid or given in the course of his or her usual business or profession and he or \he. It he or she is a director. has disclosed his or her interest in terms of the pro\.
A director or employee who contravenesa provision of submxion iI \\ ill he yilty of an offence.
any change of address of a director upon being informed of such ch:lngc b!
a person being appointed as a director. together \vith the full name and xicirc\\ of the person so appointed.
(2)A director who changes his or her address must within 30 day\ after \uch change inform the co-operative in writing of his or her new address.
A co-operative that fails to comply with a provision of subsection (I and; I director who fails to comply with a provision of subsection (2) will bc guilt! of; In offence.
The initial capital of a co-operative should be pro\,idrd b!, its nwnher~.
Membership shares may be issued only to members. each of whom mu\t hold the minimum number of membership shares prescribed by the constitution.
(2)The constitution may not include any preference. right. condition. restriction. limitation or prohibition on membership shares, except as pro\.ided for b! this Act.
(3)A member is not entitled to withdraw her or his shares for as lon_r as she i\; I member of the co-operative.
(4)Interest on membership shares is only payable on shares that are paid up. or on that portion of the shares that are paid up.
(5)A transfer of membership shares is valid only if it complies with section 21: md any restrictions set out in the constitution.
(6)A co-operative has a claim on a membership share for any debt of that member to the co-operative.
1 Each member is entitled to a certificate in respect of membership shares issued to her or him or; I certiticate in respect of member loans unless the constitution of a co-openti\e provides otherwise.
If the con4titution pro\.ides that no such certificates need be issuedthe co-opcrati\e must. on the request of a member, issuea statementof the number of mcmhcr\hip \hares held by. or the amount of any member loan of, the member.
Iom\ to the co-operati\e.
LI \tntement that the certificate is not transferable without the approval of the boxd of directors: and. I \t;w:lnent that the member is liable for the unpaidportion of any membcr\hip share iasued to her or him.
(/)J intcw\t on; II~ amount paid upon his or her shares and setaside for future XI! mcnt: an!
I an!. amount paid to him or her after the reduction of share capital: f'/ an!. ;1nmunt allocated to him or her out of the distribution of reserves set aside tor future pd!'
f.1 an!. other money due to him or her which is a deferred payment.
(3)The 1none!. tanding to the credit of a member in a members' fund- (0J ma! he applied for any purpose except for writing off a loss; (/I/ must he paid to th member in the manner and at the time provided for in the constitution?
1 ~na! bear interest: It; I rate fixed in the constitution; ma! on the due date be \et otf against the debt owing by the member to the <>-operati\e.
\L, rion\ of a L'o-opeiati\.e in terms of this section are not deemed to be activities prohibitd h!the Bank\ Act , 1965 (Act No. 23 of 1965)by reason only of the fact that tllc co-opcr-:lti\e fund.
1 I co-operati\e may allocateamong and credit or pay to its members as a patron;lge 1m)portion all or a part of the surplus remaining after the transfer to the resen e fund of; Iperccntage of the surplus specified in the constitution. in accordance \\ ith \ection 13(I)(,fj. Suchallocationmust be pro rata to the business done by the mcnllws \\ ith or through the co-operative in that financial year.
(2)For the purpose of subsection (1) the board of directors, when determining the ,~r~ount oibusiness clone by each member with or through a co-operative in a financial !far.
the quantity. quality. kind and value of things bought, sold, handled, marketed oc clcalt in b! the co-operative: //I/ the wr\.ices rendered- I i) h!the co-operative on behalf of or to the member; and (Ii b!
A co-operative may provide in its constitution that the whole of the patronage proportion of a member in respect of a financial yearor such part thereof as the board of directors may determine, must be applied to the purchase for the member of membership shares in the co-operative.
If the provisions of subsection (3) apply.
if applicable, the issuance and forwarding of certificates to members in respect of shares so issued or transferred.
A co-operative may not, directly or indirectly. give financial assistance by means of a loan, guarantee or otherwise to any member.
the co-operative is or would be, after giving the financial assistance.
hi the realisable value of the co-operative's assets. excluding the amount of any financial assistance in the form of a loan and in the form of assets pledged or encumbered to secure a guarantee, after gi\,ing the financial assistance. would be less than the aggregate of the co-operative's liabilities and the share capital.
members, or members of members. if the financial assistance is available to all terms.
An audit of the affairs of a co-operative must be conducted once a year.
reportgenerally as towhether the assets and facilities of a co-operative are 45 being properly managed, and the operations of a co-operative properly conducted, in compliance with the Act; and report on any other matter the auditors are required to report on in terms of a co-operative's constitution.
(2)The Minister may publish regulations further regulating the audit of co-operatives in terms of subsection (1).
(3)The Minister may, in terms of the regulations envisaged in subsection (2),grant the registrar the power topermit a co-operative, notwithstandingtheprovisions of subsection (I), to conduct such audit every second year, or permit a suitably qualified person other than an auditor to conduct the required audit, subject to such conditions as 55 th'e registrar considers appropriate.
The ,4GM must approve the auditors' report and financial statements, subject to the provisions of subsection (5).
signed b!
(3)A co-operative may not issue.
(((1 appro\ed and signed in accordance with subsection (1); and inspection at the registered office of the co-operative for at least twenty-one days after the date of their approval.
\vithin titteen &I! s of approval. If for any reason an AGM h.as failed to approve the reawls for \uch failure. and the action the co-operative proposes to address from disqualified.
i 1 The members must by ordinary resolution at the tirst annual general meeting and, It each suhcequent annual general meeting. appoint an auditor to hold office until the claw of the ne\t mnual general meeting.
i21 Despite \ub\ection i1 1. if an auditor is not appointed at a meeting of members the incumbctlt auditor- continues in oflice until a successor is appointed. ii I the co-operati\.
14The fee pa! able to the auditor appointed in the manner contemplatedin subsection 35 j 3 mu\t ht.
The members rnay by ordinary resolution remove the'auditor from office.
I 7.A \ acanc!. created by the removal of an auditor may be filled at the meeting at 45 \vhich the xditor i\ removed or. if not so filled. may be filled in terms of section 631.
62.i I The hoard of directors must till a vacancy in the office of auditor as soon as po\\ible at'tc~it occurs. unles4 the constitution provides that such a vacancy be filled by the nlt.mbc.1-s; It; I generul meeting.
(7)If there is not a quorum of directors, the directors then in oftice must call; Igencl-al meeting within twenty-one days after a vacancy in the oftice of auditor occurs to fill thc' \.acancy. If the directors then in ofice fail to call a meeting or if th, ere are no clirectors in '3ffce. such meeting may be called by any member.
(3)An auditor appointed tofill a vacant post holds ofice for the unexpired term of his or her predecessor.
The auditor of a co-operative must be given notice of any general meetin; at 3a.hich a report of the auditor is to be discussed and i; entitled to a'ttend such meeting.; It the expense of the co-operative, and to beheard on mattersrelating to the auditor'\ duties.
(2)A director or member of a co-operative may require the auditor or former auditol- to attend a general meeting at the expense of the co-operative and answer question\ relating to the auditor's duties, providedtheauditor or a former auditor of the cu-operative is given ten days written notice of such meeting.
(3)A directoror member that sends anotice referred to in subsection (2)must \end; I mpy of the notice to the co-operative at the same time.
i1 At the request of the auditor. the members. directors. ofticc'rs. emplo~ecsor ;_cents or mandatories of the co-operative must provide any information and explanations. and access to any documents of the co-operative or any of its subhidiarics tut are. in the opinion of the auditor, necessary for the purposes of the; udit.
(2)At the request of the auditor, the directors must obtain from; my present or former directors, officers. employees and agents or mandatories of the co-operati\c the information and explanations that such persons are reasonably ablle to pro\.idc and that are. in the auditor's opinion. necessary for the purposes of the auJit.
In the e\'ent that director or officer becomes aware of any error or misstatcmcnt in a financial statement that the auditor or a former auditor has reported on. 41c or hc nlust notify the auditor without delay.
(7)If the auditor or former auditor of a co-operative is notified or become\ ;\\\are of ail error or misstatement in; I financial statement on n.hich the auditor 01-former auditor h.ls reported. and the error or misstatement is material. the auditor or former auditor must inform the board of directors accordingly.
When the auditor or former auditor informs the board of director5 of an error 01-misstatement in a financial statement in terms of subsection (2).
prepareand issue revised financial statements: or inform the members of the error or misstatement, and inform the regi\trar in the same manner as it informs the members.
Two or more co-operatives may agree in writing to amalgamate providedthe annlgarnated co-operative would complywith the requirements for a co-operative to be registered in terms of the Act.
(2)An agreement to amalgamate envisaged in subsection (1) mua, t set out the terms of thl-amalgamation, and the means by which it will be effected.
thename andaddress of each proposed director 0.
the manner in which the shares of each amalgamating co-operative are to be converted into membership shares of the amalgamated co-operative and, if amlicable.
if any share of an amalgamating co-operativeis not to be converted into shares of the amalgamated co-operative, the amount of mloney that the holders of those sharesareto receive in addition to or instead of shares of the amalgamated co-operative: the continuation of the members' respective interests in a members' fund of the xmalgamated co-operative: the application of any surplus which may have resultjed from the operations of the amalgamating co-operatives: and; I pro\ ision that at least three month's notice of the intended amalgamation is gi\,en to the creditors of the co-operatives concernetl.
Approval of amalgamation constitution of the amalgamated co-operative must be submitted to the registrar for approv:~l. together with a notice of registered office and a notice of the diI-cL, tor\ 11' thc amalgamated co-operative.
carr!
(3 For the p~trpo\eof subparagraph (2)(c)(iv) adequate notice is given if a notice in \\ nting is wit to each hnoun creditor who has a claim against any of the amalgamating co-operati\ e\ that exceeds one thousand Rands.
It/ '111 applicable requirements of this Act have been cornplied with.
(5)For the ptqxxs of subsection (4).the registrar may rely on the constitution and the declaration> contemplated in subsection (2).
an existing cause of action.
If 21 conviction against or ruling, order or judgment in favour of or ayainst; In amalgamating co-operative may be enforced by or against the anlalyamnletl co-operative.
(N)Subject to paragraph (h).a co-operative that has passed; I special wwlution wthorising the conversion of the co-operative into any other kind or form of corporate body may apply to the registrar, in the form determined by the registrar. to cancel its registration as a co-operative.
if at least threemonth'snotice of the intended conversion has been gi\en to the creditors of the co-operative concerned.
that proper notice has been given to the creditors of that co-opt.rati\c: hl theprescribed fee.
(3)The registrar may require a co-operative referred to in subparagraph (1)iu) lo sJbmit to the registrar such proof as may be determined by him or her in respect of'; m! matter contained in a declaration referred to in paragraph (rr) of subsection (2).
other of that co-operative off the register of co-operatives.
subject to subsection (6).all assets. rights. liabilities and obligations of \uch co-operative vest in the corporate body intowhichthe co-operative i4 converted or, if it is by virtue of its constitution capable of owning propert!
in the event of a co-operative converting into a company, all members of the co-operativeshareholders of the company.
(6)Any property which vests in the corporate body by virtue of sulbscction (5)Ih/ mujt bt. transferred to that corporate body without paymentof transfer duty. \tamp duty or any other fee or charge, in accordance with section 71.
The registrar of deeds upon submission to him or her of a certificate of amalgamation or conversion or order of court or its certified copy must endorse and mAe entries in any relevant register, title deed or other documentin his or her oflice or laid before him or her to register the property in the name of the amalgamated or converted co-operative.
(3)No transfer duty. stamp duty or other fees is payable in respect of the registration contemplated in subsection (1).
(1 A sale. lease or exchange of all or substantially all of the property of a co-operative requires the approval of the members in accordance with subsections (2)to (6).
(2)In a event of a sale, lease or exchange of theproperty of a co-operative as 5 contemplated by subsection 1). notice of a general meeting must be sent to all members and must include a copyorsummary of the proposed agreement of sale.lease or exchange.
Each member carries the right to vote with respect to an extraordinary disposition. whether or not it otherwise the to vote.
(1)A tiispohition is nuthorised when approved by special resolution of members. Pro\ ided that the special resolution may authorise the directors to determine any terms and conditions of a sale. lease or exchange.
51The directors. if authorised by the members approving a proposeddisposition. ma! abandon the disposition further approval.
(/I); I court order made under any other Act of Parliament or this Act that affects the rights among the co-operative. its members, creditors.
(31If; I court ordercontemplated in subsection (1) is made with regard to; I 25 co-operati\ e.the constitution of the co-operative may be amended by the order to effect an! changes that might lawfully be rnade by an amendm'ent to aco-operative's constitution under this Act.
in the form that the registrar determinestogether notice of registered oftice and notice of change of directors mus, t be sent to the registrar. 3 On receipt of constitution of reorganisation the registrar must issue a certificate of ~lnlclldlllell~.
fIJ by an order of court.
I I A competent court may, on application by any interes, ted person, order that a co-operuti\ e he \vound up. if it appears to the court that it is just and equitable that the co-operatix should be Mound up.
12)The court considering an application in terms of subsection (1) may adjourn the hearingthereofconditionally or unconditionally or beforegranting or refusing such L~ppli~~:ltio~l. pro\,isional or other order it may deem fit.
the co-operative was formed for H particularperiod or until the occumncc 01 a particular event.
dl the co-operative is not operating in accordance with its constitution or in accordance with co-operative principles.
The winding-up of a co-operative shall be effected in accordance with a la\\ of :!end application to be enacted regulating the law of insolvency and the \vindiny-up 01' legal persons, includingco-operatives. Pending the enactment of such; I la\\. 1Ilt provisions of Chapter 10 of the Co-operatives Act. 1981 (Act No. Y I of' 198I) sh;~ll apply. notwithstanding its repeal in terms of this Act.
Having regard to co-operative principles and notu.ithstanding the enactment an!
The recovery of a contribution, in terms of a contribution a;, count.
Any person who has a claim against a co-operative being wound up. e\c, ludillg a claim against a members' fund.
lodge a sworn statementsettting out the amount of' the claitn ;~ndtllc particulars relating thereto, together with supporting document\ if an! within 90 days of the publication of the notice.
The liquidator may admit or refuse to admit theco-operative'a liahilit! t'or thc; unount of a claim referred to in subsection (1) or ma!' admit the co-operati\ e's liabilit! for any portion of such an amount.
fh the registrar may after consideration of the: rounds of the appeal and the liquidator's reasons for his or her decision confirm the decision or !,et the decision a5ide and order the liquidator to admit the claim or to admit it to the extent determinedby the registrar.
(3)((I) Anypersonreferred to in subsection (I) who hac failed to lodge his or hL.1-claim with the liquidator within the period mentioned in that subsection. may thet-t.aftrbr with the consent of the registrar lodge his or her claim with the liquidator within a period of 30 days after the termination of the said period.
The provisionsof subsections (2)and (3) shall with the necessary adaptions ~~pplk in respect of a claim referred to in paragraph (a).
(5)A member who does not want his claim against a members' fund to proceed must inform the in writing thereof.
((I) The provisions of this subsection do not prevent a creditor from proving claim in any court.
(0)A person instituting an action against a co-operative being wound up must lodge hi:; or her claim with the liquidator within the period contemplated in subsection (1 1 or. with the written consent of theregistrar, within the further period contemplated in subsection (4).
(3I The rehidue referred to in subsection (1) must in the first place be applied in paying 5 bxh the paicl-up share capital of the co-operative to members of the co-operative.
(3)If such residue is less than the paid-up share capital the amount to be paid to a mernher\ out of such residue u.ill be an amount which bears the same ratio to the amount of wch !residue as the paid-up value of his or her shares bears to the paid-up share capital.
71. be allocated to the members of the co-operative-in the case of; I co-operative the main object of which involves that its members conduct transactions with or through it.
f /I J in the c;lw of; I co-operati\,e the main object of which does not involve that its membrrs conduct transactions with or through it, in accordance with a basis wt out in the constitution.
il be determined with reference to either the period specified in the constitution of the co-operative which preceded the cornmencement of the \\inciing-up of the co-operative or theperiodforwhich the co-operati\.e has existed. whichever period is the shorter.
i the former member. or. if he or she is deceased., his or her executor. has \ubmittetl his Lvrittrn consent to that effect to the co-operative within 90 Jay uftcr such formermember ceased to be amember of the co-operati\.
hi; I co-operati\.e incorporated in consequence of a conversion in terms of the Act \\ill he dcemed to haveexistedasfromthedate of incorporation of the pre~io115 co-operati\,e so converted, and thevalue of the transactions concluctecl h!;I member of thefirst-mentioned co-operativeduring the qqxopriate period with or through the previous co-operative as a member ma! he: dclrd to the \.due of the transactions conducted by him or her with or tl~rot~gh the tirst-mentioned co-operative; J co-operati\.e incorporated in consequence of an amalgamation of two or 111ort'co-operati\ es in terms of this Act will be deemed to have existed as from the d;~teof incorporation of the most recent of those co-operatives, and the 45 \slue of the transactions conducted by a member of the amalgamated co-operatiw during the appropriate period with or through any of the pre\.ious co-operati\w of which he or she was then a member may be added to the \ aluc of the transactions conducted by him or her with or through the co-operative.
(7)If the con\titution of a co-operative provides that an amount shall be paid to any particulx pmon or for LIJI~particular purpose in the event of the co-operative being \\ot~ndup. the halance referred to in subsection (4) shall in the first place be applied for the pa!nlcnt of wch an amount.
(2).+\contribution account must. in respect of each contributory. indicate the ground on \\ hich lie or \he i\ liable for the payment of contribution, the amount for which he or \IIC i\ liahle and the contribution to be paid by him or her in terms of that contribution accountand, in the case of a second or latercontributionaccount. thc contribution recovered from him or her in terms of a previous contribution account.
is unable to pay its debts or is probably unable to meet its obligations: and has not become or is prevented from becoming asuccessful concern. and there is a reasonable probability that, if it is placed Llnder judicial managenlent. it will be enabled to pay its debts or to meet its obligations and becomc; I successful concern, a competent court may. if it appears just and equitable. grant a judicial management orderin respect of that co-operative.
by the Minister on the recommendation of the registrar.
The judicial managementof a co-operative shall be regulated in: uxmd;lnce with a law of general application to be enacted regulating the law of insolvent) and the winding-up of legal persons, including co-operatives. Pending the enactment of wch; I law. the provisions of Chapter 1I of the Co-operatives Act. I98 I (,kt 9 I of I98 I) shall apply. notwithstanding its repeal in terms of this Act.
must appoint an officer in the public service as the registrar of co-operatiw5.
may appoint as manypersons as he or she may deem necessary a\ deputy registrars of co-operatives, to assist the registrar perform the functions of the registrar and to exercise such powers as have been delegated to the deputy.
A delegation under subsection (3) shall not prevent the exercise of the relevant power by registrar the himself or herself.
The Minister must determine a sealof office for the registrar, which must be placed on the registration certificate of co-operatives and in so far as it may be required in terms of any pro\.ision of this Act or otherwise as prescribed, on any other document issued by the reFistrar in terms of this Act.
(1)The impression of the seal of the office of the registrar will be judicially noticed in e\-idence.
The registrar must keep a register to be known as the register of co-operatives in the prescribed manner. in which particulars of all registered co-operatives are entered.
(7)The register of co-operatives or any extract or a copy of that register signed by the registrar i\ p/irr~tr, firc, ic~proof of the particulars contained therein.
Thc Co-operatives Advisory Board ("Advisory Board") is hereby established.
The functions of the Advisory Board are: to ad\.ise the Minister generally, and to make recommendations to her or him.
(/I) to advise the Minister regardinganydispute between, on the one hand, a eo-operative or proposed co-operative or a member(s) of a co-operative and. 40 on the other hand.
1 to ad\.ise the Minister regardinganyAppeal by a co-operativeor proposed co-operati\,e or member of a co.
t~i to conhider and ad\.ise on any matter referred to the AdvisoryBoard by a co-operati\.e or proposed co-operativeormember of a co-operative. in a mmner that promotes the development of co-operatives.
(3)The Minister may request the Advisory Board to advise him or her reyal-dInF: ill! decision he or she is required to take in terms of this Act.
Subject to the laws governing the public service. the Minister- mu\t p~-o\idL*the Advisory Board with the staff that the Minister considers necessary for the ~~~rt'~t-~ll.~~~~~~~ of its functions.
The expenses of the Advisory Board are to be met by Inone' appropl.i;ltcd b! Parliament for that purpose and which is subject to auditing by the Auilitor-C;t.~lr~.al.
The Minister must, after consultation with any co-opernti\,e ape\ organiwllon\ andwith NEDLAC, appoint as members of the Advisory Board. nine per\on\.
The Minister may designate one of the members of the Board as churpt.r\on.
((1) The term of ofice of the chairperson. vice-chairperson antl mt.mber\ of the Advisory Board. which may no1 be than three more years: (bj With the concurrence of the Minister of Finance, the ren1uncr:ltion irncl allowances to be paid to members of the Advisory Board: and (cj Any other conditions of appointment not provided for in this scctioll.
(2)A penon whose period of office as chairperson or vice-chairperson VI-memhcr 01' the Advisory Board has expired is eligible for reappointment.
(3)The chairperson. vice-chairperson or member of the Adviwry Board ma! rt.\iy in writing.
(4)The Minister may remove the chairperson.
misconduct: (I) Serious (hi Permanent incapacity: or fc) Engaging in any activity that may undermine the integrity ol' thc Ad\ i\or!
TheAdvisory Board may make rules in relation to the holding of. antl procedureat. meetings of theAdvisory Board. which rules shall be subject to the; approval of the Minister.
Meetings of the Advisory Board must be held at such timt: and place; I\ may be determined by the chairperson of the Advisory Board in accordance with its rules.
The regi\trar may order an investigation into the business of the co-operative.
Registrar to investigate the affairs of the co-operative and the Registrar is of 10 the opinion that the need for such investigation is well-founded.
(2)The registrar may make any recommendation she or he considers appropriate on the hasis ot an inwstigation in terms of subsection (l),including a recommendations to rhr co-operati\,e concerned. to the Minister in terms of section 77, or to the relevant prowcuting authorit! in term of section 98. 15 98.
duty imposed under this Act is guilty of an offence.
I 2. An!, person \vho knowingly makes or assists in making a report, return. notice or other document to be wt to the registrar or any other person as required by this Act that 20 cxmt;lin\; inuntrue statement of a material fact or a material omission shall be guilty of ,111 ofcncc.
A co-operative. a prospective co-operative and members of a co-operative, may appc;11 to the Xlinister on any decision of the registrar.
The prcxi\ion\ of the Insurance Act do not apply to co-operatives in respect of 30 it\ xtl\itic\ in w far as the! relate to a schemeor arrangement in terms of the con\titutlon ofthe co-operatileunder which the amount of the benefits afforded by such \chrmc or; Irrangement is not guaranteed and the liability to the amount standingto the credit of;I fund hpecially maintained in respect of such claim.
r /I, prescribing the fees or the manner of determining the fees that may be charged in respect of the tiling. 1,erification or copying of a document in terms of this 40 Act.
rc\pecting the payment of any prescribed fees. including thetimewhenand the manner in which the fees are to be paid, the additional fees that may be charged or payable for late payment of fees and the circumstances in which any fees previously paid may be refunded in whole or in 45 part; /I prescribing criteria with respect to exemptions permitted by this Act: 1'I prex-rihing the \tandards of accounting by a co-operative to be followed for the purposes of Chapter 7; r/j categorisiny .;pecific kinds or types of co-operatives.
The Minister may, from timeto time delegate any power conierred upon him or her by or under this Act, to the registrar, or any officer in tht: Public Senice.
A delegation under subsection (1) will not prevent the exercise of the relc\ant power by the Minister himself or herself.
Any co-operative registered in terms of the Co-operatives Act. I981 (Act No. 91 of 1981) will be deemed to be registered in terms of this Acr. and the statute of' an!' co-operative registered in terms of Co-operatives Act. 1981 will be deemed to colnpl! with the provisions of this subject the provisions of this section.
A co-operative registered in terms of the Co-operatives Act. 1981 is requircd to ensure that its constitution conforms with the provisions of thih Act. and to this e~~cl adopt any amendments to its constitution that may be necessary within a period of three years from the date of commencement of this Act.
At any time prior to the expiry of the periodspecified in subsection 21such co-operative is requiredto submita statementto the registrar indicating that ill it\ opinion it complies with the provisions of this Act.
(4)Upon receipt of a statement envisaged in subsection (3),the registrar shdl either issue such co-operative with a certificate stating that its constitution complies \vith the provisions of this Act, or issue a directive specifyins in what respect the co-operative's constitution is considered not to comply with the provisions of thih Act. and; I further period of time within which it is required to comply.
(5)The registrar may require a co-operative that fails to compl!. \\.
(I) convertinto a co-operative group or other legal entity.
be wound up in terms of the provisions of Chapter 9.
(11 Subject to subsection (2)the laws specified in Schedule 4 are repealcrl h!thi\ Act.
Anything done under the provisions of the la\va repealed by zuhscctiotl I 1, ml Lvhich may be done under the provisions of this Act.are deemed to ha\,ebeen done under this Act.
This Act is called the Co-operatives Act. 2003and comes into operation on; I date determined by the President by proclamation in the Gflrerre.
Subject to the provisions of this Act and its constitution, a co-operativeshallhave po\\e1-s to: employ staff on a full-time.part-time or temporary basis and to determine appropriate conditions of employment; enter into a contract with any person for the performance of work on behalf of the co-operatiLe: establish training. recreation, sports or other facilities or administer a housing schemeinterestin the of its employees; acquire or hire movable or immovable property, including rights thereon: hypothecate. let. bell or otherwise dispose of movable or immovable property. includin rights thereon: acquire.hypothecate or dispose of bonds, debentures.stocks and other securities: acquire or alienate patents. licences. concessions. trade marks or the like, and exercise and protect the rights. privileges and powers attached thereto: in the Republic or elsewhere establish or takeover. or acquireinterests or shares in. trusts. companies or otherjuristicpersonsor partnershipsand tinance them: Pro\ ided that the objectives of the institution so established or taken ()\'et-. or in lvhich interests or shares have been acquired must relate to thc objectives of the co-operative concerned: indemnif!, any perm1 against damage or loss or guarantee the obligations of any person or become surety or give security for the due fultilment thereof: undertake studies and do research in connection with any matter which may be beneficial to the cmying out of its objects or finance or otherwise assist any person in undertaking such studies or in doing such research: award bursaries: open; Iccount\ with banking or other financial institutions: make. dra\\. accept. or negotiate instruments?
endorse negotiable subject to the pro\,isions of section I of the Banks Act. 1965 (Act No. 23 of I965) and subject to the authority of a special resolution. in the Republic or elsewhere bomw or raise money or overdraw a banking account: Invest money: make or accept donations; procure the registration of a co-operative in any other country or territory: collaborate with any person in the performance of any act which the co-operatiLs ib by law permitted to perform: become; I member of a co-operative of which it is competent to become a Inember. or of any association or organization whichseeks to promote any nuttcr in ivhich the co-operative has an interest; act; ISan agent of its members or in the interestof its members as intermediary in connection with any pension fund, pension scheme.
insurance business within the meaning of the Insurance Act.
an!'
participate in companies. other juristic persons or partnerships established by it in tc'rnls of paragraph (12) or in which it acquired interests or shares in terms of that p;uqraph. or in other co-operatives, including the performance of wvices on behalf of such companies, juristic persons.
advance mone!
This schedule applies to a co-operative group that is rrgi\tered or clcclnd to hc registered in terms of the Act.
the name of the co-operative group includes the phrase "co-opcroti\,e group".
(dj the reasons specified in the application. as envisaged in section 2(2)of' Ill\ Schedule, are not inconsistent with the \tatus of co-oper;lti\c sroup.; I\ 30 detined, and the purposes of the Act.
provision to elect office-bearers comprising a chairperson.
hi provision for the distribution of assets of the co-operative groupon its dissolution.
I/ a provision establishing an executive committee, comprising the chairperson.
pro\ isions relating to the appointment of a manager: and ltl provisions relating to the appointment of an accounting officer.
The ctmtitution of a co-operative group may be amended by the decision of a nlxjority of two thirds of the members present at a general meeting.
i1I An amendment of the constitution will be of no force and effect unless registered nith the re-'.
7.iI. A metnber must apply for membership of a co-operative group in writing.
2i Application for membership must be approved by a general meetins or. if there is one. b!an esecuti1.e committee comprising the chairperson, vice-chairperson.
\ecret;~r!/treasurer and other members. i31 On bcing accepted as; I member of a co-operative group, a member has one vote on a11 nutter\ to be decided b! the members. 14.A mcn1bt.r may Lvithdraw membership by written notice to the co-operative. i5. A co-operati\ e yroup ma!' terminate the membership of a member if two thirds of the nwnllxrs pre\ent at a general meeting SO decide. provided the member concerned is giwn an opportunity to be heard before such decision is taken. i6No transfer of membership in a co-operative group is valid unless approved by the members in general meeting.
X. The liabilit! of a member of a co-operative group by virtue of hidher membership i\ limited to the amount of hidher unpaid subscriptions.
9, i 1 Not less than one week's notice must be given to each member of a co-operative group ot'; I general meeting.
(2)In the ca\e of a special general meeting forty-eight hours notice ma!' be given. nom ithstanding pro\%ions of subsection (I).
i31 The quorum for a general meeting is half the members present.
41If LIquoruln is not present within half an hour of the time and date of a scheduled meeting. the meeting must be adjourned until the same time and place at a date not less than \e\e11da! \ and not more than ten days from the date of the adjourned meeting.
Finances j 1 A co-operative group must open an account in the name of the co-operative ith; I registered bank or building society or the South African Post Office.
All monieb received in the name of the co-operative group must be receipted in a receipt hook maintained for this purpose.
1.7 i E.\pznditure in the name of the co-operative group may only be incurred upon the \ignature of not less than twomembers, one of whom must be the chairperson. \ Ic~-chairpcr~on.
At the end of the financial year, a co-operative group must prepare; Istatement reflecting the income and expenditure of the co-operative group for that year. \\ hich must be submitted at the annual general meeting for approval.
Aco-operativegroup may apply to theregistrar to be registered a$; I 5 co-operative in terms of the Act, with the approval of a resolution of a general meeting.
creditors of the co-operative group have been given not less than three month\ 10 written notice of the proposed conversion.
(3)If the registrar approves the conversion of a co-operativegroup to a co-operatiw. the assets and liabilitiesof the co-operative group become the ahsets and liabilitie\ of the co-operative with effect from the date of registration thereof.
Duty to report 15 12. Every registered co-operative group must provide the registrar.
names and residential addresses of its oflice-bearers; 20 a physical address for service of documents: and such other information as may be prescribed.
The Registrar must maintain a register in the of registered co-operative groups prescribed form.
The Minister may make such regulations as are considered necessary or expedient in order to regulate the activities of co-operative groups.
This Part applies to housing co-operatives in addition to the requirements of the Act.
(3)A primary housing co-operative must comprise a of five persons. despite minimum the provisions of section 5(1) of the Act. 40 2. The name of a housing co-operative must include the following words. "housing co-operative", or "housing co-op", or "housing co-operative".
A provision for the establishment of adequate reserves and the maintenance of adequate insurance to protect the co-operative from loss.
Not\vithstanding any other provisions of this Act, the membership of a member a primary housing co-operative may be terminated withoutaspecialresolution of the members.
It' the member is in arrears with payments due in terms of the use agreement and is served with a written notice to pay such arrears by; I date specified in such notice.
A person whose membership is terminated in terms of (1) above shall not have a right to appeal. S/he shall only be re-admitted to membership if she pays the arrears that were due at the date hisor her membership was terminated. as well as any other payments due by virtue of his or her continued occupancy after that date. if applicable.
The directors may terminate the membership of a member in circumstances other than subparagraph (1) if there is good and sufficient reason to do so. provided the directors give the member concerned reasonable prior notice that termination is contemplatedfor reasons stated in such notice, and the member is atforded the right to be heard before a decision is taken.
(4)A member whose membership is terminated in terms of subsection (3) must haw a right to appeal to a generalmeeting, which right must be exercised within the time limit prescribed in the constitution.
A decision of the directors to terminate the membership of a member is contirmed if the members. at a duly called general meeting, donot reverse the directors' decision.
th If a generalmeeting is duly called to consider the appeal of aterminated member and a quorum of members is not present, the decision of the directors is deemed to have been confirmed.
A member has the right to occupy the unit allocated to him or her until the termination has been confirmed by the members, provided she exercises her or his right of appeal within the time-limit prescribed and is not in arrears with an. payments.
Once a person no longer has a right to occupy a housing unit, the co-operative ma.
Court or him.
Nothing in this sectionprecludestheboard of directors of a primary co-operativefromentering into an agreement with asecondaryhousing co-operative in terms of which the collection of payments from members. the ser\.ice of any notice suchas envisaged in subsection (1) above.and the institution of any proceedings toevict aperson will be managed by the secondary co-operative on its behalf.
The provisions of the Share Block Control Act. 1980 (Act No. 59 of I OXO) \hall INII apply to a housing co-operative registered in terms of this Act.
This part applies to worker co-operativesin addition to the requirement5 ot the Act.
(2)A worker co-operative is defined as a co-operative whose main objecti\t.\ include providing employment to its members.
(3)Aworkerco-operative mustcomprive a minimum of five persons. despite the provisions of section 5(1) of the Act.
The name of a worker co-operative must include the words "worker co-opcrati\e limited", or "worker co-op limited or ltd".
Requirements of constitution operative must provide that: ((I) Membership is restricted to natural persons who work for the co-operati\ c.
The maximum mount a member is required to contribute during thc 1iv.r 1CLII. of membership, whether by way of entrancefees, paynlent\ in re\pcc~11' shares or in respect of a member loan. should not exceed hdl the pcl-\on'\ expected annual remuneration.
IC Whether the co-operative is entitled to pro\.ide employment to pc~wn\\\ ho are not members. and if so a limitation on the number of' per\on\ thar m non-members that may be employed. expressedas a percentage of the numher of members. which percentage should not exceed twenty-fi\ e percent.
The period of probation applicable to an applicant for nlembeI4lip.\\hich should not exceed a period of two years.
Theprocedureforallocating, crediting or distributing an!surplu\ txxccl.
For laying off or suspending of members &hen there is lack of \\,orL.
Notwithstanding any other provisions of this Act. the constitutionof; Iworker\' co-operative may give the directors the power to terminate the membership ot; I membel-if there is good reason to do so.
Before deciding to terminatethe membership of a member, the directors must gi\'e the member concernedreasonable priornoticethattermination is contemplated. and afford the member the right to be heard before a decision is taken.
(3)A member whose membership is terminated by the directors must have a right to appeal to a general meeting, which rightmustbe exercised within the time limit prescribed in the constitution. (4)A decisionof the directors to terminate the membership of a member is confirmed if the members, at a duly called general meeting, do not reverse the directors' decision. (5)If a general meeting is duly called to consider the appeal of a terminated member and a quorum of members is not present, the decision of the directors is deemed to have been confirmed. (6)The termination of membership in terms of this section does not constitute a dismissal in terms of the Labour RelationsAct,1995 (Act No. 66 of 1995).
A temporary lay-off of a member does not result in termination of hidher membership. After a member has been laid off and two years have elapsed after the date of the lay-off without the member having resumed employment with the co-operative, thedirectors of the members may. in accordancewiththeconstitution.terminate the membership of the member.
I. (1) This part applies to financial sewicesco-operatives in addition to the requirements of the Act.
(2)A financial services co-operatiye is a co-operative whose main objective is to 25 pro\,ide tinancial services to its members. andincludesacredit union. co-operative banh. \a\.ings and credit co-operative or other financial services.
In: ddition to the other requirements of this Act. the constitution of a financial \er\,ices co-operativenmt specify the financial services the co-operatiye provides to its 30 members.
(c,) to inwst money on behalf of its members, subject to such limitations regardingthe nature of such investments as may be provided for in the 35 constitution or from time to time prescribed; (tli to stand surety on behalf of its members toany personincluding a body corporate to the extent of the member's deposit in the co-operative: (e/ to render any other banking or financial service.
(2)The co-operatiye must not receive deposits from the general public or any person 40 \vho is not a member.
A co-operative to whom this part applies is required to register in terms of the Banks Act. 1990 (ActNO. 94of 1990) notwithstanding its registration in terms of this Act.
A co-operative to whom this part applies is not required to comply with the pro\,isions of the Usury Act. 1968 (Act No. 73 of 1968) or any regulation applicable to micro-finance. notwithstanding the provision of any other law.
The Registrar may, in conjunction with the Registrar of Banh\. clirccl that ;111 co-operatives to whom this part applies belong to a secondary co-opcraIi\c rlut is accepted by the Registrar of Banks as representing a self-regulatory bod!. in con1pli:mcc withthe requirementsforexemptionfrom theprovision of theBanksAct. (2)The Registrar has the power to de-register any co-operative to v, hom thih part applies that refuses or fails, within a reasonable period of time. to become; I membcr 01'; I secondary co-operative that meets the requirement of the Registrar of Bank\ IO he; I self-regulatory body.
Regulations 10 7. The Minister may, in consultation with theDepartment of Finance. nlaht. regulations regarding any matter relatingto the operation or administration of' tinancixl services co-operatives.
Co-operatives Act, 1981 (Act No.
<fn>GOV-ZA.25905bEn.2012-02-10.en.txt</fn>
This notice contains the titles, fields, sub-fields, NQF levels, credits, andpurpose of the unit standards. The unit standards can be accessed via the SAQA web-site at www.saaa.ora.za. Copies may also be obtained from the Directorate of Standards Setting and Development at the SAQA offices, Hatfield Forum West, 1067 Arcadia Street, Hatfield, Pretoria.
Manage the; accessing of information from the public.
Manage information sharing and report-back to public.
Manage information flow to and from decision-makers.
Prepare to implement campaign activities.
Implement campaign activities.
Review and report on implementation of campaign activities.
Profile the media.
Develop and maintain media relationships.
Monitor media relationships.
Develop and maintain community relationships.
Monitor community-government relationships.
<fn>GOV-ZA.25En.2012-02-10.en.txt</fn>
South Africa will be the first country in the history of the 2010 FIFA World Cupâ to offer an event visa.
South Africa is the only country in the world to contain an entire plant kingdom - its glorious indigenous fynbos of the Western Cape.
The 20 Centres for 2010 is the official campaign of the 2010 FIFA World Cupâ. Its goal is to build 20 centres of education, public health and football across Africa.
Five of these centres will be constructed in South Africa and the first of the 20 in the township of Khayelitsha in Cape Town was opened on 5 December.
<fn>GOV-ZA.25July2011En.2012-02-10.en.txt</fn>
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The man, whose name has been withheld, lost consciousness while asleep at his home in a nearby village on Saturday evening, said Eastern Cape health department spokesperson Sizwe Kupelo.
"His family thought he had died," Kupelo told Sapa.
"The family called a private undertaker who took what they thought was a dead body to the morgue, but the man woke up inside the morgue on Sunday at 17:00 and screamed, demanding to be taken out of the cold place."
He had been there for nearly 24 hours.
Kupelo said the two mortuary attendants who were on duty at the time ran out of the building thinking the screaming man was a ghost.
They called for help, put on brave faces and went back to find that the man was indeed alive.
"We sent an ambulance to the funeral parlour to take the man to Saint Barnabas Hospital because he had been exposed to extreme cold for nearly 24 hours," Kupelo said.
He warned the public not to assume that a sick person had died and call a mortuary.
"Doctors, emergency workers and the police are the only people who have a right to examine the patients and determine if they are dead or not," said Kupelo.
Madam Speaker, our Movement has declared education and health to be prioritised as the core elements of social transformation for the next five years. This is in keeping with the process of service delivery improvement that the Department of Health has embarked upon, which we are going to accelerate in the coming years. read more...
» more events...
Copyright 2005 - 2011.
<fn>GOV-ZA.25august20051En.2012-02-10.en.txt</fn>
Some years back, users of official statistics raised a key question: how do the various data sets collected by Statistics SA relate to each other?
If cement production and sales are increasing, should this be reflected in statistics on construction Should an increase in manufacturing production be reflected in greater consumption of electricity?
There are factors that limit a one-to-one relation between data sets.
An increase in building plans passed would not immediately result in increased consumption of cement.
Greater consumption of electricity as a result of manufacturing production at the beginning of spring might not be apparent because of a decrease in domestic demand for heating.
However, these factors notwithstanding, data collections in different sectors should - over time - reflect a coherent picture of trends and developments.
Discontinuities in that expected coherence were one of the factors that alerted Stats SA to inadequacies in some of its statistical series.
This led to a major programme to address these weaknesses. Central to this were increased use of administrative records and development of a new business register from which to draw samples.
These are the core of a process of continuous improvement in the measurement of economic activity.
The economic data released this month paint a coherent picture of the economy, with statistics from different series generally reflecting similar trends.
During August, Stats SA published three trade-related statistical releases, namely wholesale, retail and motor trade. Wholesale trade sales at constant prices for the three months to May increased by 4.2 percent compared with the same period last year.
In addition, wholesale trade sales for the period January to May increased by 4.8 percent compared with the same period last year.
Retail trade sales at constant 2000 prices increased by 6.9 percent for March to May. Motor trade sales at current prices for May increased by 13 percent, while the growth for March to May was 20.2 percent.
In the area of manufacturing, production at constant prices for the three months to June increased by 3.9 percent and the seasonal adjustment estimates for the same period increased by 3.2 percent.
The latest published monthly survey for June on building statistics of the private sector, as reported by local government institutions, confirms the overall picture of increasing economic growth.
The preliminary estimates indicate that the value of recorded building plans passed by larger municipalities (at current prices) during the first six months of this year increased by 51.1 percent to R29.1 billion compared with the first six months of last year.
The value of buildings reported as completed to larger municipalities during the same period also increased substantially (41.6 percent to R12.3 billion).
These statistics are broadly consistent with Tuesday's release of gross domestic product (GDP) data for the second quarter of the year.
The seasonally adjusted real GDP at market prices for the second quarter compared with the first quarter increased by an annualised rate of 4.8 percent. This follows a growth rate of 3.5 percent for the first quarter.
The growth in the economy was broad-based, with none of the major divisions reporting negative growth. The strongest performance came from the manufacturing industry, which grew at an annualised rate of 7.3 percent in the second quarter, contributing 1.2 percentage points to overall growth.
Other main contributors to the increase were the wholesale and retail trade sector, the hotels and restaurants sector, and the finance, real estate and business services industry (0.7 percentage points each); transport, storage and communication (0.6 percentage points), and the agriculture, forestry and fishing industry and general government services and personal services (0.3 percentage points each).
Statistics collected by Stats SA in the various economic sectors paint a coherent and consistent picture of growth.
This suggests that the measurement of economic activity is improving as a result of the better coverage associated with the new business register. It also indicates that the continuous efforts to improve data quality are delivering good results.
<fn>GOV-ZA.25january20071En.2012-02-10.en.txt</fn>
Until recently, population censuses in Africa had fallen on hard times. They were characterised by irregularity, incompleteness and inaccuracy.
When they did occur, governments often lacked the capacity and ability to use the information collected. Policy formulation, and the monitoring of programme implementation and socioeconomic development, took place in a statistical vacuum.
Opening the first Africa Symposium on Statistics Development, held in Cape Town in January 2006, finance minister Trevor Manuel noted that 19 out of 56 countries and territories in Africa had not conducted a population census in 10 years, nearly twice as many as in the previous decade.
Angola, for example, had not conducted a census in 41 years, while Somalia's last population count took place over 30 years ago. Some African countries ravaged by war, such as the Democratic Republic of Congo (DRC), Eritrea and Liberia, had not undertaken a full census in two decades.
Now a message of hope has rung out from Kigali, which hosted the 2007 Africa Symposium on Statistical Development, co-organised by the UN's Economic Commission for Africa (ECA), the National Institute of Statistics of Rwanda and Statistics SA. Held from January 15 to 19, the meeting was attended by about 350 delegates representing 46 African countries.
The challenge that was put to the gathering of Africa's top statisticians was to unveil a programme for the counting of all the continent's estimated 900 million people before the end of 2014.
This was the second annual symposium organised to ensure that all African countries participate in the current round of population and housing censuses. Delivering the keynote address at the opening ceremony, Rwanda's President Paul Kagame stressed the importance of this project.
"Our continent cannot transform," he argued, "without a solid statistical base. Reliable statistics for evidence-based policy development is very important."
This message was emphasised by one delegate to the symposium, who asked governments how they could govern without knowing who they governed. How do you deliver services to the citizens if you do not know where they are, how many they are, and what their needs are?
Delegates learnt that successful censuses recently took place in Cameroon, Lesotho, Nigeria and Egypt. This year, censuses are planned for Swaziland, Ethiopia, Mozambique, Sudan and Malawi. Liberia and Eritrea plan to enumerate their populations in 2008, while the DRC will go to field in 2009. Census preparations are under way in Angola and Somalia, where civil wars destroyed institutions and national capacity, preventing population counts for decades.
The Africa Symposium on Statistical Development works through the ECA, with support from the Friends of the ECA group (Egypt, Ghana, Kenya, Mozambique, Rwanda, Senegal, South Africa and Tunisia), to help restore statistical infrastructure and capacity in Africa. It has developed a work programme to encourage the undertaking of a census in every African country.
The symposium wants to ensure that reliable and accurate country-level monitoring becomes an indispensable element in assessing progress towards achieving the UN's millennium development goals.
Countries emerging from conflict and war require particular support in developing their statistical capacity. This was recognised by the 39th session of African ministers of finance and economic planning, held in Ouagadougou last May, which agreed that assistance should be provided to such countries.
That passing resolutions at symposiums is less important than implementing decisions through practical programmes.
South Africa occupies a prominent role in these initiatives. Stats SA organised the Cape Town symposium in 2006, and assisted in convening the recent Rwanda gathering. As statistician-general, I serve as chair of the Friends of the ECA.
However, one of the aims of the ECA is to build national statistical capacity in all African countries, and over the next years to hold an annual symposium hosted in each country on the continent. Next year, the baton will be passed on to Ghana.
Concluding his keynote address to last year's symposium, minister Manuel reminded delegates that statistics were the basis of measurement, and that if you cannot measure the development, you cannot manage it. This became the mantra for the Cape Town gathering.
The Kigali symposium took this one step further. Urging all African countries to undertake censuses by 2014, delegates quickly adopted the motto of the National Institute of Statistics of Rwanda: "If you don't count, you don't count."
<fn>GOV-ZA.25may20061En.2012-02-10.en.txt</fn>
Like all national departments of government, Statistics SA reports to parliament on its activities and expenditure, and is bound by the provisions of a number of laws, notably the Public Finance Management Act and the Public Service Act.
However, Stats SA is unusual, in that its functions are also governed by a specific statute, the Statistics Act of 1999.
This reflects the special position an official statistics agency occupies within the government, where its independence from political influence must be guaranteed to ensure the credibility of official statistics.
Yesterday Stats SA's senior management presented its work programme for the next three years to parliament's finance portfolio committee, which is tasked with parliamentary oversight of the department's performance.
In terms of the Statistics Act, the responsible minister (in this case, the minister of finance) must, on the statistician-general's recommendation, prioritise the work programme of Stats SA in accordance with the purposes of official statistics. Both the minister and the statistician-general are advised by the Statistics Council on the work programme.
The Statistics Council has endorsed the latest work programme and the minister has approved it. The programme reflects Stats SA's priorities and key focus areas for the next three financial years.
Finalising detailed planning for the next population census, scheduled for 2011.
The community survey, which goes to field in February 2007, is Stats SA's second-largest undertaking after the population census, which enumerates all households in the country. It aims to provide information at lower geographical levels than current household-based surveys, which collect data from 30 000 households.
The survey, which will collect information from 280 000 households, will profile households, disability, fertility and mortality, education, the expanded public works programme, economic activity and access to service delivery.
In providing information at municipal level, the results of this survey will assist the national treasury in determining financial allocations to municipalities.
The planned poverty survey is a particularly pressing priority. During 2005, Stats SA consulted extensively with all three spheres of government - national, provincial and local - as well as the private sector and the research community, on poverty measurement.
At these discussions, it became clear that the various users of official statistics needed to define a multidimensional concept of poverty, providing a stable base for measuring poverty reduction. The millennium development goal of halving poverty by 2015 makes this even more urgent.
A survey to measure poverty, as defined by key stakeholders, is one of the priorities set out in the department's work programme. Questionnaire design and survey methodologies and processes will be tested in the coming year, while the survey will be conducted during 2008/09.
In his foreword to Stats SA's work programme, finance minister Trevor Manual notes that Stats SA's programme is "immense" and that its successful implementation is fundamental to accurate reporting on "how the country is doing towards achieving its key targets".
The government has set clear targets for development, such as achieving 6 percent GDP growth between 2010 and 2014, reducing unemployment to below 15 percent and halving the poverty rate.
The statistical priorities set out in Stats SA's work programme are designed to facilitate measurement and monitoring of progress in meeting those targets.
Pali Lehohla is South Africa's statistician-general and the head of Stats SA.
<fn>GOV-ZA.25nov20041En.2012-02-10.en.txt</fn>
Earlier this week, Statistics SA released results from its latest economic activity survey (EAS), which measures overall activity in the economy.
The EAS is an annual survey, based on a sample of private and public enterprises operating in the formal non-agricultural business sector, excluding financial intermediation, insurance and government institutions.
As an economy-wide survey, the EAS is a particularly important instrument of measurement.
The results are used to compile estimates of gross domestic product (GDP) and its components. They are also used by the private sector in analyses of comparative business and industry performance, and by institutions such as the SA Reserve Bank.
The survey provides information on a range of important indicators for each of the main economic sectors.
Selected operating ratios.
The 2003 EAS used Stats SA's new business sampling frame, based on the VAT database obtained from the SA Revenue Service (Sars). This was supplemented by data from Sars's income tax system.
A sample of 12 271 enterprises was drawn. A stratified random sample design, based on business turnover, was used.
In terms of total turnover at current prices, the EAS found an increase of 11 percent for 2003 compared with 2002 in mining and quarrying. This was mainly the result of higher turnover by large enterprises active in the mining of metal ores other than gold and uranium.
The total turnover of the manufacturing industry reflected an increase of 10.9 percent, mainly due to increased activity in the manufacture of transport equipment, basic metals, fabricated metal products, machinery and equipment, and accounting and computing machinery.
The construction industry reflected an increase of 8.4 percent in turnover for 2003 and trade industry an increase of 8.8 percent.
In one of the few decreases recorded, net profit before providing for company tax and dividends in the mining and quarrying industry fell 26.6 percent for 2003 compared with 2002, mainly due to the strengthening of the rand against major currencies.
The transport, storage and communication industry reflected a decrease of 15.9 percent. Net profit before providing for company tax and dividends in the manufacturing industry reflected an increase of 27.1 percent.
Large enterprises in the coke, refined petroleum products and nuclear fuel manufacturing activities reported higher profits.
The electricity, gas and water supply industry reflected an increase in net profit of 51.6 percent; the construction industry an increase of 88.8 percent; the trade industry an increase of 21.3 percent; the real estate and other business services industry (excluding financial intermediation and insurance) an increase of 13.7 percent; and the community, social and personal services industry (excluding government institutions) an increase of 6.1 percent, which was mainly the result of increases in the health and social work division.
The profitability ratio (net profit after tax to turnover) increased in most sectors. But the mining and quarrying industry reflected a decrease from 0.3 percent in 2002 to 0.18 percent in 2003.
The figure for the transport, storage and communication industry decreased from 0.08 percent to 0.06 percent.
The community, social and personal services industry (excluding government institutions) was unchanged at 0.08 percent.
The EAS is the primary source for estimating annual levels of value added and GDP. On November 30, Stats SA will publish a revised time-series for nominal and real estimates of GDP.
The figures are revised from 1998 onwards as part of the normal periodic benchmarking and rebasing of national accounts.
<fn>GOV-ZA.25nov2005Speech10daysActivismEn.2012-02-10.en.txt</fn>
Speech by Deputy Minister of Public Works Mr. Ntopile Kganyago during the launch of the 16 Days of Activism Against Women and Child Abuse.
The Programme Director Mr. Thomas Makhubele
Chairperson of the Board: Leamogetswe Home of Safety Rev.
Ms Matlakala Ratsoma of The Leamogetswe Home of Safety Mr. Philemon Maphalala of the Pretoria Regional Office of DPW Pastor Dolo who blessed the ceremony with a prayer Ladies and Gentlemen We are here today to be part of a significant campaign against the abuse of women and children in this country and the world. This campaign is called the 16 Days of Activism: No Violence Against Women and Children which runs from November 25 to December 10 annually.
It is perhaps a measure of the quality of our society and the courage of our conviction that we have stopped asking why such a campaign is necessary. This is for me an indication of the increased awareness we have created over the years in the war against the violence inflicted on women and children through this and other campaigns.
This growth in awareness further illustrates that as a nation, as a community and as individuals, we have taken the first and very necessary step towards our own redemption. That first step Ladies and Gentlemen is to recognize that there is a huge challenge in front of us but also to say that we will together in time triumph over it.
It is very important that we are here today. It is important because without halting the abuse against the women of Africa and our children, there is no future worth working for. Securing the safety and security of our children and women is the first step we must take when we wake up in the morning. It is also the last pledge we must make before we close our eyes at night.
We are here because we believe that eradicating this type of violence is a not a matter that sustains itself in the periphery of our society. It is a matter that affects us in our homes and working places, it haunts us in our rural and urban areas, in poverty and prosperity.
We meet here today buoyed by the knowledge that we have behind us easily the best Constitution in the world. We say this boldly because among others our Constitution recognises gender equality as the cornerstone of South Africa's democracy. Our parliament has passed a battery of legislation -such as the Domestic Violence Act - which seeks to entrench the rights of women.
We also draw strength from the very fact that the campaign around the violence on women and children is drawing solidarity from all the capitals of the world. As a UN campaign, International Day of No Violence Against Women is scheduled to start on November 25 2005 which is International Day of No Violence Against Women. The international campaign ends on 10 December 2005 which is International Human Rights Day. Under direction of the Presidency, in South Africa we run a parallel campaign over the same period. It not only highlights violence against women, but given our material conditions it wants to address the sickening scourge of children abuse as well.
The Department of Correctional Services, as the lead department, is working closely with the Office on the Status of Women in the Presidency (OSW), the Office on the Status of Disabled Persons (OSDP), the Office on the Status of Children (OSC) as well as other government departments.
In this regard we are here today to ensure that here in South Africa, here in Africa, here in this wide world, at least for the next 16 Days not a single child is abused, no woman is violated. The 16 days start today, but they must not end on December 10. They must extend to every hour, every day and every month thereafter of our lives!
We commit ourselves to the following objectives.
To use the national Campaign to raise funds for NGOs and Cobs working with victims and survivors of violence.
Over this period and beyond you will see thousands of people wearing the symbolic white ribbon as a sign of solidarity with the women and children of our country.
It is clear that this campaign depends largely on the collective push by all, from all sides. We will have achieved the aim of our campaign only if the men and boys of our community are able to join together with the girls. We will reach our objectives when the children and women of our country are able to collectively make the call for all of us to Act Against Abuse!
I must stress that this is not just a government campaign. It transcends the private and public sectors while being directed by government. Over the next few days therefore you will witness the flooding of both the electronic and print media by various activists in this campaign.
They will range from government ministers to senior government officials. They will no doubt include the Chief Executives, Managing Directors and Directors of listed and unlisted companies and their executives. All these patriots will use their time and money to join the growing national and international cadre in the movement against Women and Child Abuse.
We will collectively highlight the instances of abuse and their extent. This we will do not from a position of weakness and helplessness. We will do this with the strength of knowing that we are not alone. Our women and children are not alone.
We do this because we believe that the rights of women and children are fundamental human rights entrenched in and protected by the Constitution. They are thus inalienable from, integral to and indivisible from the human rights framework. Gender and age -based violence in all its different guises is incompatible with the dignity and worth of the human person, and must be eliminated.
We will not win the war on violence against women and children overnight. The persistence of this pathology tells me that we need more than the punitive aspects of dealing with this. Do not get me wrong, those who inflict violence against women and children deserve to rot in jail.
But I would add that a long term solution to this scourge will only be possible once we have reasoned with the boys and men who inflict this violence. We will reason with their attitudes while we reason with their consciences. We must at the same time dig deeper and ask the question. What are these socio-economic conditions in our country which breed these monsters This, Ladies and Gentlemen will bring us closer to ridding ourselves permanently of this criminal behaviour?
As a sign of our own commitment DPW has adopted the Leamogetswe Safety Home. We are voluntarily offering our services and resources to upgrade the centre by painting the premises, paving the surroundings, repairing toilets and bathrooms as well as planting trees and grass. The renovations are estimated at R200 000 for the building and R100 000 for the grounds. In line with our Black Economic Empowerment policy we will use local contractors in Atteridgeville during the construction.
Leamogetswe, which means "you are welcome", makes a contribution to the community of Atteridgeville as a haven for abused, neglected and abandoned children. The home currently provides shelter to 49 children, some of whom were abandoned due to HIV and disabilities.
We have adopted the Leamokgetswe Safety Home in the hope that this will pave the way for other departments to get involved and offer their services to similar causes.
In conclusion I am today committing the DPW to ensuring that we will ensure there is no violence against women and children in our Department. We will ensure that every corner of our department including the regions creates ambassadors against this violence. These will help bring us closer to a country where our women and children are free of the constant fear of violence in their lives.
<fn>GOV-ZA.26012011En.2012-02-10.en.txt</fn>
Electricity: In 1996 electricity was for the first time distributed to a number of villages in Msinga and also to the clinics in these areas. These included Gordon, Tugela Village and the places closest to it Keates Drift and Nhlalakahla. This has assisted in service delivery and the more consistent maintenance of the cold chain. It has also dramatically affected the lifestyles of the people living in these villages.
There were two different categories of community based workers, CHWs and Community HIV Co-ordinators. These workers were on different salary scales. These two categories have now been amalgamated. In what seems a complicated arrangement, the province pays Valley Trust to pay the CHWs. Each CHW earns R2163 a month.
The Home Based Care Worker Programme in the district has been developed by Dr. Tony Moll at COSH and is unique to the district. The programme is co-ordinated by Ms. Dudu Khumalo in the District Office in Newcastle. The training for these workers is based on the training developed Dr. Tony Moll. The training is 5 days long. A number of volunteers from the community together with a number of CHWs have already been trained as Home Based Care Workers (HBCWs).
<fn>GOV-ZA.26022009En.2012-02-10.en.txt</fn>
Mpumalanga Safety and Security MEC Siphosezwe Masango, has welcomed the arrest of two policemen involved in fraud, saying they were unwanted "rotten potatoes" in the South African Police Service.
A KwaMhlanga policeman, Inspector Matthews Mkhwebane attached to the Vehicle Identification Section was arrested on Wednesday for fraudulently releasing an impounded stolen white Nissan 1400 to his friend who had lost a similar vehicle.
An impounded vehicle had been stolen from Silverton in Pretoria, however sold to a woman at Springs but later impounded by the police at KwaMhlanga since it was not registered under her name.
Mkhwebane allegedly told his friend that there was an impounded vehicle similar to his, which had no owner and that he could release it to him.
His friend who had lost a purple Nissan 1400 agreed and the vehicle was released to his friend's wife. The woman whose vehicle had been impounded by the police noticed the car on the street and informed the police.
It was after an investigation that Mkhwebane was arrested for fraudulently releasing the vehicle to his friend.
It was not the first time for Mkhwebane to be involved in the fraudulent activities. In 2005, he was arrested and given a R2 000 bail for selling a stolen vehicle for R4 000 to its owner with another policeman, Inspector Brandy Mabizela.
They were arrested after a trap was set by the police and the owner who pretended to want to buy a car.
" There has always been an outcry from the public that some police are corrupt and nothing is being done about it. We congratulate the police for the good work. The law should take its course, such officers should be put where they belong because they are not wanted in the South African Police Service," said MEC Masango.
In another incident, a reserve constable from Schoemansdal Police Station was arrested for attempted robbery when they approached people suspected for smuggling illicit goods from Mozambique to South Africa.
The reserve constable and other four men identified themselves as police officials conducting an operation. When the people realised that the men did not look like policemen, they apprehended them and gave them a heavy beating before the police arrived at the scene.
Other suspects managed to run away, however the reserve constable and other two men were arrested.
MEC it was disturbing that police officers colluded with criminals instead of arresting them and protect the law abiding citizens.
"We appeal to the police management to ensure that rotten potatoes are taken out of the system as this would reverse the gains we have made as a country over the years to improve the relations between the police and the public", said Masango.
He urged communities to report any suspicious activities to the police and other government agencies such as the Independent Complaints Directorate.
<fn>GOV-ZA.2603En.2012-02-10.en.txt</fn>
is an unrehabilitated insolvent; or has been convicted of any offence for which that person has been sentenced to imprisonment without the option of a ï¬ne for a period of not less than 12 months, unless a period of at least ï¬ve years has expired after the date on which the sentence was served.
For the purposes of subsection (1)(c), no person is deemed to have been sentenced until an appeal against the conviction or sentence has been disposed of or until the period has expired within which an appeal may be lodged, as the case may be.
must within two months after the end of each ï¬nancial year submit a report on its activities and ï¬ndings to the Minister.
A report contemplated in subsection (1) must not contain conï¬dential information that would be detrimental to national security.
Intervention by Minister 62K.
must be taken.
the Commission may not, while the administrator is responsible for a particular function, exercise any of its powers or perform any of its duties relating to that function.
Once the Minister is satisï¬ed that the Commission is able to perform its functions in an effective and efficient manner, the Minister must terminate the appointment of the administrator.
may appoint an administrator to take over the functions of the Commission and to do anything which the Commission might otherwise be empowered or required to do under or in terms of this Act, subject to such conditions as the Minister may determine; and must, as soon as it is feasible, but not later than three months after the dissolution of the Commission, appoint the members of the Commission in the manner provided for in section 62C.
Anything done by the interim National Defence Force Service Commission prior to the commencement of this Act which could have been done by the Commission in terms of this Act, must be regarded as having been done by the Commission in terms of this Act.''.
I, Angelina Matsie Motshekga, Minister of Basic Education, MP, hereby publish in terms of Section 3(4)(k) of the National Education Policy Act, 1996 (Act No.
<fn>GOV-ZA.26042010En.2012-02-10.en.txt</fn>
Mpumalanga Safety, Security and Liaison MEC Sibongile Manana has hailed three officers who were killed in Amersfoort yesterday as heroes who died while on duty.
Manana was speaking after her visit to the scene where three officers were shot and killed yesterday (Sunday, 25 April 2010) while doing their normal crime prevention patrol by unknown gunmen who were suspected to rob the local bank.
The gunmen refused to be searched and they ran away with a Toyota Conquest. They however came back and are believed to have fired at police officers before they could come out of the police vehicle.
Manana was briefed that the officers were killed on their second attempt to search the vehicle of the suspected would be criminals.
Manana has condemned the killing of the officers and has called on the police to work around the clock to urgently bring the perpetrators to book.
She said the police will not give in to such cowardice in the fight against crime but instead they will be more vigilant in ensuring that criminals do not have any place to run to in this country.
The MEC has further called on the community to come forward and assist the police in their investigations.
"The best way of allowing the murdered officers to have a peaceful sleep is to continue to fight against crime and the course that they died for. Work hard that you do not die with your guns in hands. Defend one another and remember that South African rely on you," concluded Cele.
<fn>GOV-ZA.260511113314En.2012-02-10.en.txt</fn>
The Female Cancer Programme, in partnership with the Department of Health, has set the target of screening over 12,000 women for cervical cancer in 2011 using a new screening method called Visual Inspection with Acetic acid (VIA) - the first project of its kind in South Africa. Cervical cancer is the biggest killer of the cancers affecting South African women today. Since 2008 the Female Cancer Programme has performed over 23,000 VIA screenings.
The cervix is the name given to the opening of a woman's womb. Doctors recommend that women go for cervical screening one year after becoming sexually active and continue with regular screening thereafter. Conventional screening using the Pap smear requires that a sample of cervical cells be collected that must then be sent to a laboratory for testing. Weeks or sometimes even months later, the patient is recalled to the clinic or hospital to receive the results. This is a costly test for both government and the patient, who must often travel long distances to get to the local clinic.
Sister Tolo-Bam, a government nurse who has been performing VIA since the beginning of the project is very happy with this new screening procedure, 'VIA is much better for the patients and the nurses, since it saves so much time and is so easy to perform.' VIA tests for the presence of the human papilloma virus (HPV), which mostly causes cervical cancer and is performed using acetic acid yielding a result within 3 minutes. Should the patient test HPV positive, she is then treated immediately with cryotherapy. Cryotherapy uses nitrous oxide to freeze the affected cells, which causes them to slough off, thus eliminating the virus that causes cervical cancer.
Although the HPV vaccine became available in 2009, at a cost of approximately R2,000 for the series of injections, the vaccine is totally inaccessible to the women who are the most vulnerable.
'One of the things we are trying to achieve alongside screening as many women as possible is creating awareness in the community around cervical cancer prevention, as well as informing various organizations and the Health Department about the remarkable benefits of using the VIA and cryotherapy combination in place of the Pap smear. This screening and treatment combination should be implemented by government alongside, or even in place of the Pap smear, since it is cheaper and more effective in the fight against cervical cancer,' says Lisa Aspeling, National Liaison Officer of the Female Cancer Programme.
The NGO is set to withdraw its activity at the close of 2011, using the remainder of the year to train more government staff and hand over the project and its equipment to the Eastern Cape Department of Health for further implementation across the province.
The FCP offers the VIA screening method free in various clinics in the Eastern Cape. VIA is available at the following clinics: Burgersdorp; Zwelitsha; Ndevana; Mount Coke; Dimbaza; Ginsberg; Motto Farm; Amahleke; NU 5, 6, 7, 11, 12, 13, 16, 17; Berlin; Walter Sisulu University; Potsdam; Mpongo; Openshaw; Tsabo Village; Twecu; Zikhova; Barkley East; Duncan Village Day Hospital; Beacon Bay; Central; Nontyatyambo Community Health Centre and Komga. The Female Cancer Programme is also targeting training 1,200 private and government health professionals in VIA and cryotherapy during 2011.
Refer friends and family members to the Female Cancer Programme for screening today - you could be saving a loved one's life. For more information on receiving free training in VIA and cryotherapy, please contact Zoe Ndobe on 083 742 4424 or Lisa Aspeling on 072 092 3575, or email lisa.aspeling@gmail.com. For more information go to www.femalecancerprogram.
<fn>GOV-ZA.26052011En.2012-02-10.en.txt</fn>
Mpumalanga Safety, Security and Liaison MEC Vusi Shongwe has called for calm from angry Bushbuckridge community who do not want the suspects in the murder of Ehlanzeni Chief Whip to be given bail.
Wearing t-shirts bearing the late John Ndlovu's name, people sang and shouted slogans outside Mhlala Court in an effort for the magistrate not to give bail to the suspects. They were however not happy that bail application was again postponed alleging that the delay would lead to the case thrown out of court.
Addressing the people outside the court after the postponement of the case to 27 June2011, Shongwe called for patience and calm as he asked them to allow the police to investigate.
The late Ndlovu was killed early this year and his body was found near his home after an unidentified man told his wife where to find him.
Four suspects had been arrested and they are still in custody pending bail approval by the court.
The angry community outside the court appealed to Shongwe to ensure that the suspects remained in custody and that they do not get bail. They said alleged that suspects might end up not being prosecuted.
Shongwe told them that he had requested the court to allow him to oppose the suspects' bail application on 27 June 2011.
"I have been here since the first day of the hearing and I will make sure that I come here until justice is done. Although we all come here to oppose for the suspects to be given bail, we must not forget that this is not a kangaroo court, let us wait for the police to finalize their investigations" said Shongwe.
The first three suspects will be represented by the Legal Aid Board whilst one of them will have his own lawyer.
Meanwhile, the MEC has called on the people to support the police adding that the killing of the police officers in the country was unacceptable.
"They are human beings (police) and they are there to protect us, let us not kill them. It is because of hardworking police that there are suspects. We trust that the prosecution will support the good work of these police officers," concluded Shongwe.
<fn>GOV-ZA.26072011En.2012-02-10.en.txt</fn>
Accompanied by the police, the MEC has urged the community of Lothair to embrace the police and work with them in order to win the war against crime.
"We must expose criminals and not become the enemies of the police. We must also cooperate with the police in order to realize the good work that our police are doing." said Shongwe.
Shongwe added also that as government promised that it will take good care of the citizens, the department is keeping those promises.
He said that corrupt officials or police have no place in government and his department will make sure that whoever abuses state resources to enrich themselves will rot in jail.
"Let us not embrace criminals and not worship those who have acquitted property out of crime as that is smelly not what Madiba stood for" added Shongwe.
Shongwe urged the community to become informers of crime to the police. He said this will strengthen the relationship between the police and the community.
He added also that crime was not a fight that is meant for government only; the community should also become active and join community policing structures to fight the scourge of crime.
Shongwe said if drivers can stop paying bribes to traffic officers and report those who request bribes, corruption can be eradicated.
He said his department will make sure that corrupt traffic officers are taken out of the system as they are tarnishing the good work of other traffic officers and the image of the province.
<fn>GOV-ZA.26095En.2012-02-10.en.txt</fn>
The abovementioned Bill is hereby published for comment.
[ ] brackets fromWords in bold type in square indicate omissions existing enactments.
0 AMENDtheCompaniesAct, 1973, so as topreventcompanies to have delinquent directors to serveas directors or in the management of such companies. and to protect a bona fide owner or holder of a dematerialized share certificate against rectification order by a court of law, and to provide for matters incidental thereto.
Amendment of sections of theCompaniesAct,1973(Act No. 61 of 1973) 5 1.
Definition of 'Master' substituted by s. 1(1) of Act 84 of 1980.
No. 32 of 1998.
91A Bytheinsertion in subsection (4) after paragraph (c) of the following subsections: 25 (cA) A court may not order the name of a member of a company to be removed had notice of a fraud or illegality, as in paragraph (c).
The provisions of subsection (cA) shall not preclude a court from awarding damages, whetherundersection 115 of the Act or in common law.
6 of 1958, or any offence involving dishonestyorinconnection with the promotion, formation or management of a company, and has been sentenced therefore to imprisonment without the option of a fine or to a fine exceeding one hundred rand.
Insolvency Act, 1936,and the Registrar of the Court shall upon any order or conviction as contemplated in subsection l(e)(ii)and (iii),send a copy of the order or conviction, as the case may be. to the Registrar of Companies who shall notify each company of which the person to whom the order or conviction relates is a director, of the order or conviction.
The Registrar of Companies shall establish and maintaina register of the orders and convictions under subsection (2)(a)and such register shall be open to inspection rnutatis mutandis as if it were a register contemplated in section 113.
[(2)] (21Any person disqualified from being appointed or acting as a director of a company and who purports toact as a director or directly or indirectly takes partin or is concerned in the management of any company, and any director or officer who knew or should reasonably have known of the contraventionshall be guilty of an offence.
[(3)] (5)Nothing in this section shall be construed as preventing a company from providing in its articles for any further disqualifications for the appointment of or the retention of office by any person as a director of such company.
has been guilty of an offence referred to in section 424, whether or not he has been convicted of that offence; or has otherwise been guilty while an officerof the company of any fraud in relation to the company or of any breach of his duty to the company: or a declaration has been made in respect of any person under section 424 (1).
by the Court having jurisdiction to wind up the company affected by the act or omission in respect of which the order is sought, on application by the Master. or, in the case of a company being wound up or under judicial management.
in the case of an order in the circumstances set out in paragraph (a) ofthat subsection, also summarily by the Court convicting the person concerned, and any leave required under that subsection may be granted by the Court having jurisdiction to wind up the company in relation to which such leave is sought.
(b)The applicant for any such order shall give not less than ten days' notice of his intention to apply for the order, to the person against whom the order is sought and such person may attend the hearing of the application and give evidence and call witnesses to give evidence on his behalf.
(3)Where an order under subsection(1) has been made, the person to whom the order relates shall give not less than ten days' notice to the Master, the [Attorney-General] National director or Deputy National director, the liquidator or the person who was the judicial manager of the company concerned, of any application he intends making for leave of the Court referred to in subsection (l),who shall draw the attention of the Court to any matter which may appear to them to be relevant, may give evidence and call witnesses.
(a)For the purposes of subsection (1) (b)(ii)the reference therein to an officer of a company shall be construed as including a reference to any person in accordance with whose directions or instructions the directors of the company have been accustomed to act.
(6)Anorder may be made under the said subsection (1) (b)(ii) whether or not criminal proceedings have been instituted in respect of any matter on which the order is based.
(5)(a)A copy of the order made under subsection (1) shall within seven days after the making of the order be transmitted by the Registrar of the Court to the Registrar of Companies, who must notify every company of which the person to whom the order relates is a director.
(6)The Registrar of Companies shall establish and maintain a register of the orders and convictions under subsection (5)(a)and such register shall be open to inspection rmtatis rnlrtandis as if it were a register contemplated in section 113.
[(S)] (6)Any person who contravenes any order made under subsection (1) and any directororofficer of a company in respect of which such a person is appointed or acts as a director or purports to act as a director or directly or indirectly takes part in or is concerned in the management of any company, who knew or should reasonably have known of the contravention shall be guilty of an offence.
Any person disqualified under this section from being appointed or acting as a director of a company and who purports to act as a director or directly or indirectly takes part in or is concerned in the management of any company shall, together with the directors and officers who knew or whoshould reasonably have known of such disqualification, be jointly and severally liable for all debts incurred by the company for the period during which that person held such appointment or acted as director or directly or indirectly took part in or was concerned in the management of the company.
<fn>GOV-ZA.26109bEn.2012-02-10.en.txt</fn>
14 No.
This notice contains the titles, fields, subfields, NQF levels, credits, andpurpose of the unit standards. The unit standards can be accessed via the SAQA web-site at www.saaa.ora.za. Copies may also be obtained from the Directorate of Standards Setting and Development at the SAQA offices, Hatfield Forum West, 1067 Arcadia Street, Hatfield, Pretoria.
Purpose: Thisunitstandardisforpeoplewho have responsibility for identifying communication needs of government so as to contribute to the development of information products.
The term "information products" in this unitstandardincludesbut is not limited to print, eiectronic and digitai information products suchasbrochuresandpamphlets, posters, radio programmes, videos and digital information products suchas websites.
Broadcast -.
Candidates assessed against this unit standard do not have responsibility for the development of a communication plan, but they maybe involved in developing the plan through various inputs. They should at least have a grasp of the situation, the environment and elements of a communication strategy. Candidates will be given a need, a strategic framework, target audience, communication objectives, challenges, and theessential message to be communicated..
1.1 Descriptions the communication and to of objectives information be communicated are in line with given communication briefs and strategy.
2.1 Products identified are suitable for achievingthe communication objectives.
2.2 Products identified are appropriate to the information to be communicated and the target market.
2.3 Communication products identified meet budgetary requirements in accordance with the given brief.
2.4 Products identified promote t.he image of government positively and are in line with government communication strategy, policies and regulations.
assessment criteria provides detail development the communication products.
Terms have been clarifiedas far as possible through the useof range statements.
Organise and manage oneself and one's activities responsibly and effectively-this outcome is integral to the entire standard.
Collect, analyse, organise and critically evaluate information: the ability to gather and work with information is a keyaspect of providing information solutions.
Communicate effectively using visual, mathematical and/or language skills: this is addressed throughout the standard.
<fn>GOV-ZA.2610En.2012-02-10.en.txt</fn>
With just 212 days to go until the kick-off of the world's biggest soccer extravagant to hit African soil, the 2010 Local Organising Committee is promising the best service for a safe and secure World Cup next year.
<fn>GOV-ZA.261120103En.2012-02-10.en.txt</fn>
This site is best viewed using 800 x 600 resolution with Internet Explorer 4.5, Netscape Communicator 4.5, Mozilla 1.x or higher.
Registered at the Post Office as a newspaper.
Over R5.0 million up to R6.
Over R6.0 million up to R7.
Over 8.0 million up to R9.
5.1 BUILDING CONTRACTS IN GENERAL 10% retention shall be deducted on any progress payment certificate, until the total deducted retention value equal 5% of total contract/ project value. The money shall be released at the expiry date of the retention period, which is normally a three-month period.
Visitors Centre, Building no. 9 1. Bids must be on the official bid forms, which must be filled in and completed in all Respects.
Bids must be submitted in sealed envelopes.
Separate envelopes must be used for each bid invitation.
The address, bid number and closing date must appear on the front of the envelope.
The name and address of the bidder must, however, appear on the back of the envelope only.
besonderhede bevat, ingedien word.
The SBD.2 form, Application for Tax Clearance Certificate (in respect of bids), must be completed by the bidder in all aspects and submitted to the Receiver of Revenue where the bidder is registered for income tax purposes. That the Receiver of Revenue will then furnish the bidder with a Tax Clearance Certificate that will be valid for 60 days from date of issue. This Tax Clearance Certificate must be submitted with the original bid, before the closing time and date of the bid. Failure to submit an original and valid Tax Clearance Certificate MAY invalidate your bid.
<fn>GOV-ZA.26112010En.2012-02-10.en.txt</fn>
Conducting a road block at Mkhuhlu shortly after the launch of 16 Days of Activism for No Violence Against Women and Children, Mpumalanga Safety, Security and Liaison MEC Vusi Shongwe assisted the police seize a unsafe taxi whose driver also had no license.
The instructed the police to impound the vehicle and asked the passengers who were mainly women to use another taxi as the one they were travelling in had un-functioning brakes. The taxi was transporting people to Hazyview from Mkhuhlu when it was stopped at the road block.
This is not right, this driver has no driving license and the brakes of his taxi are not working. He is putting the lives of 15 people in danger and this could affect their families.
"We are happy that the police were quick to detect this because anything could have happened and many people would have been affected. These road blocks will assist greatly in reducing road accidents," said irate MEC Shongwe.
While on the roadblock, the police managed to assist a Pinetown driver who was driving a vehicle that was previously reported stolen to go to the police station to effect on the computer that it had been recovered.
Another driver who only had a Learner's License was caught carrying passengers. The MEC stressed that government wanted to ensure that this year's festive season was a safe one.
"We want people to enjoy themselves and not to worry about criminals because they do not have a place in our province," said MEC Shongwe.
This morning MEC Shongwe led another police operation in Emzinoni and also the raiding of taverns and other liquor trading outlets.
As part of strengthening capacity at stations, Shongwe has also handed over 49 new vehicles to various police stations in the province at a function held in Middleburg today.
<fn>GOV-ZA.2612En.2012-02-10.en.txt</fn>
''Umalusi'' means the council established by section 4 of the GENFETQA Act.
co-ordinate the sub-frameworks.
<fn>GOV-ZA.26169En.2012-02-10.en.txt</fn>
Vol. 466 Pretoria 14 May 2004 No.
STAATSKOERANT, 14 ME12004 No.
I am confident that in this dynamic new era of the African Renaissance and in the spirit of the World Summit on Sustainable Development, hosted by South Africa (2002), we shall see Renewable Energy taking its rightful place in the South African Energy Sector and playing a significant role in contributing towards sustainable development. The repercussions of a growing local renewable energy industry will be felt throughout the African Continent and the SADC region with the breakdown of trade barriers and the move towards a common policy, a move that will encourage competition and lower costs.
The world is facing the challenge of harnessing the earth's resources effectively and efficiently. There is still a vast dependence on fossil fuels, and the use of this energy source is common to both developing and developed countries. It is well known that the excessive burning of fossil fuels does not go without a price as they release large amounts of carbon dioxide into the atmosphere.
Air pollution from using fuelwood unsustainably is still a familiar sight in developing countries, where women and children are the most affected. Research has indicated that one of the highest causes of infant mortality is from acute respiratory illness associated with the inhalation of wood smoke. Women still have to bear the problem of obtaining water and fuelwood. This indicates that there is a need to develop efficient and safe technologies to relieve women from such a burden. Such improvements are generally part of integrated measures aimed at income generation via the pursuit of economic and agricultural development that afford women a more qualitative and productive time. However, the easier entry points for renewable energy are generally not in the remote rural areas, but in the urban household and industrial sectors. It is here that the possibilities for solar water heating, and the use of waste for power generation lie.
The African Continent is endowed with an abundance of renewable energy resources: hence this White Paper is being published to ensure that the renewable energy resources are used optimally. The present worldwide trend towards environmentally sustainable energy utilisation is a response to global climate change. This, coupled with market incentives to promote renewable energy technologies, can make this trend a reality in South Africa. Notwithstanding the legitimate needs in rural areas, commercial realities and the pressing demands made of our limited Fiscus, dictate that our initial ventures into renewable energy will be among the larger and more economically viable projects such as electricity from sugar mill bagasse and paper mill waste. It is sincerely hoped that this policy will provide certainty about our future direction and commitment.
It is in this context that the Ministry is committed to this policy document which is intended to give much needed thrust to renewable energy; a policy that envisages a range of measures to bring about integration of renewable energies into the mainstream energy economy. To achieve this aim Government is setting as its target 10 000 GWh (0.8 Mtoe) renewable energy contribution to final energy consumption by 2013, to be produced mainly from biomass, wind, solar and small-scale hydro. The renewable energy is to be utilised for power generation and non-electric technologies such as solar water heating and bio-fuels. This is approximately 4% (1667 MW) of the projected electricity demand for 2013 (41539 MW).
This is in addition to the estimated existing (in 2000) renewable energy contribution of 115 278 GWh/annum (mainly from fuelwood and waste).
This policy is launched against the background of a massive campaign of electrification in South Africa and now the start of a process of managed liberalisation of the energy sector including the transformation of the electricity distribution sector into regional electricity distributors.
Some of the main benefits of the White Paper will be renewable energy for rural communities, far from the national electricity grid, remote schools and clinics, energy for rural water supply and desalination, and solar passive designed housing and solar water heating for households in urban and rural settings and commercial applications. Large-scale utilisation of renewable energy will also reduce the emissions of carbon dioxide, thus contributing to an improved environment both locally and worldwide.
As part of the Presidential lead programmes promoting integrated sustainable rural development, renewable energy needs to assume a significant role in supporting economic development. The Government has brought electricity to both urban and rural areas and this has resulted in an improvement in the quality of lives of our people. It is for this reason that Government is also introducing decentralized mini-grids and hybrid systems in rural areas that will also promote the development of small medium and micro enterprises (SMMEs).
Government is committed to the introduction of greater levels of competition in electricity markets. Promoting renewable energy will contribute towards the diversification of electricity supply and energy security. In doing so, Government will create an enabling environment to facilitate the introduction of independent power producers that generate electricity from renewable energy sources. To complement these reforms, I would like to see a greater investment by the private sector in renewable energy power producers, and in the commercialisation and local manufacturing of renewable energy technologies.
Within the renewable energy sector I would like to see human capacity building programmes being strengthened both at formal and informal levels. This policy document is intended to support the development of training centres with the objective of enhancing human resource development and thus promoting socio-economic development. Government is also in the process of launching integrated energy centres that will bring technologies and energy services closer to disadvantaged communities, as well as disseminate information and create awareness about renewable energy.
Finally, it cannot be over-emphasised that South Africa is faced with pressing social problems such as poverty and the HIV/Aids epidemic. The utilisation of renewable technologies, particularly in remote rural areas, where clinics and households will depend upon solar electricity for their power, have a potentially important role to play in tackling these important social issues.
Barriers to Renewable Energy Implementation 9 3.
South Africa in the International Arena 11 4. RENEWABLE ENERGY RESOURCES AND APPLICATIONS12 4.1 RENEWABLE ENERGY POTENTIAL 12 4.
Summaryof Renewable Energy options for South Africa23 5. RENEWABLE ENERGY TARGET25 6. POLICY PRINCIPLES 26 7. ESSENTIAL ELEMENTS OF RENEWABLE ENERGY IMPLEMENTATION 26 7.1 SUSTAINABLE DEVELOPMENT 26 7.
Legal and Regulatory Instruments 29 7.
Liquid Fuels and Gas31 7.4 INFORMATION 32 8. STRATEGIC GOALS, OBJECTIVES AND DELIVERABLES 32 8.1 FINANCIAL AND FISCAL INSTRUMENTS 32 8.2 LEGAL INSTRUMENTS 33 8.3 TECHNOLOGY DEVELOPMENT 34 8.4 AWARENESS RAISING CAPACITY BUILDING AND EDUCATION 35 8.5 TECHNOLOGY SUPPORT CENTRES35 9. CROSS CUTTING ISSUES 35 9.1 INTEGRATED ENERGY PLANNING 35 9.2 ENERGY EFFICIENCY AND RENEWABLE ENERGY 36 9.3 ENVIRONMENT AND HEALTH37 9.4 ENERGISATION 37 9.5 INTEGRATED ENERGY CENTRES38 9.6 GENDER AND ENERGY 38 9.7 BLACK ECONOMIC EMPOWERMENT (BEE) AND JOB CREATION39 9.8 TRADE AND INTERNATIONAL CO-OPERATION 40 10. GOVERNANCE AND PARTNERSHIPS 41 11. THE WAY FORWARD 43 12.
Anthropogenic - generated by human activity.
Used for stand-alone systems (non-grid).
Configurations substituting electricity are especially relevant for heat purposes in industry and households.
Clean Development Mechanism (CDM) - The CDM is specifically defined to support sustainable development with respect to greenhouse gas emissions in developing countries while helping Annex 1 countries to comply with their commitments under the Kyoto Protocol.
Environmental sustainability -the ability of an activity to continue indefinitely at current and projected levels, without depleting the social, cultural and natural resources required to meet present and future needs.
Externalities -impact on the environment, carrying costs that are not included in the market price for the service or goods produced. In practice it is difficult to measure economic prices/costs and often not all impacts are included.
Financial costs/prices - costs and prices evident in the market.
Greenhouse Gases (GHGs) - Gases primarily carbon dioxide, methane, and nitrous oxide in the earth's lower atmosphere that trap heat, thus causing an increase in the earth's temperature and leading towards the phenomenon of global warming.
Grid - the generic term used to describe both the National Electricity Grid; being all electricity networks of licensed electricity distributors and transmitters within South Africa, and the Eskom transmission system.
GWh (Gigawatt hour) An energy unit in which electricity consumption is measured.
Independent power producers (IPPs) - producers of power (electricity), who sell their power to electricity distributors for supplying to the national electricity grid.
Mtoe (Million tons of oil equivalent) A universal unit of comparison in which all energy can be measured. (1 Toe = 42 GJ = 0.042 TJ = 0.
Renewable energy sources - sun, wind, biomass, water (hydro), waves, tides, ocean current, geothermal, and any other natural phenomena which are cyclical and non-depletable.
Renewable technology - the technology that converts a primary renewable source of energy or energy resource to the desired form of energy service.
Joule 1 10-9 10-12 2.4x10-12 2.8x10-7 2.
Gigajoule 109 1 10-3 2.
Tetrajoule 1012 103 1 24 2.8x105 2.
Toe 42x109 42 42x10-3 1 12x104 12x10-3 kWh 36x105 36x10-4 36x10-7 8.
The Constitution (Act No. 108 of 1996) requires that Government establish a national energy policy to ensure that national energy resources are adequately tapped and delivered to cater for the needs of the nation; further, the production and distribution of energy should be sustainable and lead to an improvement in the standard of living of citizens. The Government's overarching energy policy has been set out in its White Paper on Energy Policy of the Republic of South Africa (DME, 1998).
This White Paper on Renewable Energy (herein referred to as the White Paper) supplements the White Paper on Energy Policy, which recognises that the medium and long-term potential of renewable energy is significant. This Paper sets out Government's vision, policy principles, strategic goals and objectives for promoting and implementing renewable energy in South Africa. It also informs the public and the international community of the Government's vision, and how the Government intends to achieve these objectives; and informs Government agencies and organs of their roles in achieving the objectives.
Ensuring that an equitable level of national resources is invested in renewable technologies, given their potential and compared to investments in other energy supply options.
South Africa relies heavily on coal to meet its energy needs because it is well-endowed with coal resources; in particular, South Africa has developed an efficient, large-scale, coal-based power generation system that provides low-cost electricity, through a grid system that is being extended to rural areas, to millions of residential, commercial and institutional consumers. As a result, coal is and is likely to remain, from a financial viewpoint, an attractive source of energy for South Africa.
However, at the same time South Africa recognises that the emissions of greenhouse gases, such as carbon dioxide, from the use of fossil fuels such as coal and petroleum products has led to increasing concerns worldwide, about global climate change. While South Africa is well endowed with renewable energy resources that can be sustainable alternatives to fossil fuels, so far these have remained largely untapped.
The above-mentioned concerns about global climate change were articulated at the Johannesburg World Summit on Sustainable Development in 2002 and a corresponding commitment to promote renewable energy in all the participating nations was made in the Johannesburg Declaration. Correspondingly, it is the intention of the Government to make South Africa's due contribution to the global effort to mitigate greenhouse gas emissions. For this purpose, the Government will develop the framework within which the renewable energy industry can operate, grow, and contribute positively to the South African economy and to the global environment.
The driving force for energy security through diversification of supply in South Africa has remained one of the White Paper On Energy Policy's key goals, since a major portion of the nation's energy expenditure is via dollar-denominated imported fuels that impose a heavy burden on the economy. Further, the South Africa economy, which is highly dependent on income generated from the production, processing, export and consumption of coal, is vulnerable to the possible climate change response measures implemented or to be implemented by developed countries. At the same time there are now increased opportunities for energy trade.
Some activities in this regard have already been initiated; for example, the Government has, as a part of its Integrated Electrification Plan, developed a scheme for providing solar photovoltaic systems to households in remote, rural areas, that are expected to replace candles, illuminating paraffin and diesel for lighting or battery charging.
What is being proposed now is a strategic programme of action to develop South Africa's renewable energy resources, particularly for power generation or reducing the need for coalbased power generation. Renewable energy has been recognised in the Integrated Energy Plan (IEP) (DME, 2003) developed by the DME. The purpose of the IEP is to balance energy demand with supply resources in concert with safety, health and environmental considerations. The IEP provides a framework within which specific energy development decisions can be made.
One key element of this programme will be the entrepreneurship and innovativeness of South Africa's industrial and financial sectors, and another element will be the development by the Government of appropriate policies and frameworks that would encourage and guide the private sector. However, at present, these will not be enough, as renewable energy resource development in South Africa is in a nascent stage, while competing fossil fuels are well established and have relatively low costs.
It is clear that renewable energy development will require financial incentives. While the Government intends to provide the necessary incentives, South Africa's fiscal resources are limited, and there are competing high priority social and economic programs, particularly in providing services to historically disadvantaged communities. Hence, the financial resources for these incentives will have to come from a combination of South African and international sources. South Africa has already ratified the United Nations Framework Convention on Climate Change (1997) and the Kyoto Protocol (2002), which creates the framework for tapping international funds via the Global Environment Facility and the Clean Development Mechanism to reduce greenhouse gas emissions.
Government's long-term goal is the establishment of a renewable energy industry producing modern energy carriers that will offer in future years a sustainable, fully non-subsidised alternative to fossil fuels. The proportion of final energy consumption currently provided by renewable energy has come about largely as a result of poverty (e.g. fuelwood and animal waste used for cooking and heating).
10 000 GWh (0.8 Mtoe) renewable energy contribution to final energy consumption by 2013, to be produced mainly from biomass, wind, solar and small-scale hydro. The renewable energy is to be utilised for power generation and non-electric technologies such as solar water heating and bio-fuels. This is approximately 4% (1667 MW) of the projected electricity demand for 2013 (41539 MW).
This is equivalent to replacing two (2x 660 MW) units of Eskom's combined coal fired power stations.
Achieving this target will require a phased, flexible strategy. The starting point will be a number of "early win" investments spread across both relatively low cost technologies, such as biomass-based cogeneration, as well as technologies with larger-scale application such as solar water heating, wind and small-scale hydro, along with a focus on building and finetuning the required institutional framework. This will keep the subsidy requirements manageable at a time when the short-term costs of the competing coal-based power generation are low because of the current surplus in installed power generation capacity. South African funds available for this purpose are constrained by the need to provide funds for high-priority national activities, and the magnitude of the funds available from international sources such as the Clean Development Mechanism has not yet been established. However, there is a large potential for finance, available from international sources such as the Prototype Carbon Fund (PCF), bi-lateral assistance and private sector investment.
Over time, as the need for new power generation capacity arises, the costs of coal-based generation will increase, which would improve the financial viability of renewable energy technologies, thus reducing the subsidy needed per unit of power generated. Similarly, if the Rand continues to weaken against the US dollar, the opportunities for locally produced fuels to compete with US dollar-denominated fuels such as petrol, diesel and natural gas, will increase. By this time, the magnitude of available international funds would be clearer, and the availability of South African funds would also be expected to increase, as it is expected that many pressing social activities would have been completed by then. These changes are expected to make it feasible to make rapid progress towards the target in the second phase (2009 -2014).
Apart from the normal monitoring and evaluation associated with any policy, there would be a mid-term assessment after five years (end of 2008), which would consider any changes required in policies, targets or implementation strategies, taking account of changes in costs of coal-based as well as renewable energy power generation, availability of international funds as well as any international obligations agreed-to by South Africa, and the South African budgetary situation. This White Paper may be revised in the light of progress made.
Renewable energy that is produced from sustainable natural sources will contribute to sustainable development. As most of the sources are indigenous and naturally available, energy supply is afforded security and is not subject to disruption by international crises or limited supplies. Mitigating the use of fossil fuels through the implementation of renewable energy will contribute to emission reductions while providing incremental financial resources to stimulate sustainable development.
South Africa is well endowed with abundant renewable energy resources that can be converted to productive energy uses. At present, however, the utilisation of these resources is not cost competitive in many locations when compared to South Africa's fossil-based energy supply industry. There are many reasons for this discrepancy in cost, including the fact that the lower cost associated with fossil fuel use does not fully account for its adverse impact on the environment. There is therefore a need for Government to create an enabling environment through the introduction of fiscal and financial support mechanisms within an appropriate legal and regulatory framework to allow renewable energy technologies to compete with fossil-based technologies.
Market conditions for renewable energy generation can be optimised by reducing the barriers to the increased production of electricity from this source through the development and implementation of an appropriate financial and legislative framework. There is a need for Government support for renewable energy to help establish initial market share and demonstrate the viability of renewable sources, after which economies of scale and technological development take over. Mechanisms need to be developed to overcome the barrier of non-discriminatory third party access to the Grid (defined here as the national electricity network - see Glossary) and procedures and wheeling charges defined and regulated to remove the barrier of cost effective transmission of power.
Electricity Sector: While one power producer, Eskom, currently dominates electricity generation and transmission in South Africa, the electricity distribution industry is currently undergoing restructuring, including the corporatisation of Eskom and the formation of six new regional electricity distributors. The White Paper on Energy Policy encourages the entry of multiple players into the generation market. However, the appropriate regulatory and legal framework will be needed to support the entry of renewable energy generators. The National Electricity Regulator has jurisdiction over the entire industry and regulates market access through licensing of all producers (greater than 5 giga watt hours/annum), transmitters, distributors and sellers of electricity, and should regulate the phased introduction of renewable energy generators. The Central Energy Fund should assist the implementation of renewable energy through the extension of its operational support.
Liquid Fuels and Gas Sector: The Central Energy Fund Act (Act 38 of 1977) is enabling legislation in terms of which levies can be imposed on liquid fuels products for collection into the Central Energy Fund and/or the Equalisation Fund. These funds can be employed for dedicated energy purposes in a manner prescribed by the Act. In terms of proposed amendments to the Petroleum Products Act (Act 120 of 1977), the Minister of Minerals and Energy will remain the liquid fuels industry regulator and may prescribe; the price at which any petroleum product may be sold or bought, the method of trading, the publishing of prices and quantities of crude oil or petroleum products to be maintained by any person as well as the technical characteristics of any fuel.
Government has accepted a process of managed liberalisation of the regulatory dispensation of the liquid fuels industry. A ten-year timeframe is envisaged for the liberalisation of the industry, allowing time for the black empowerment companies to consolidate their positions within the industry.
The Gas Act (Act 48 of 2001) and amended Petroleum Products Act provide a basis for the integration of renewable energy derived liquid fuels such as bio-diesel and ethanol and landfill gas into the gas and petroleum industry regulatory framework. The Minister of Finance has announced a 30% tax reduction for bio-diesel.
Renewable Energy Technologies: It is necessary to consider which technologies can be promoted by measures to stimulate the market. In the short-term it is important that technologies that are currently available in South Africa are implemented. The local content of equipment needs to be maximised in order to minimise the costs associated with implementation and operation, as well as the promotion of employment opportunities. The establishment of technology support centres within existing research and development institutions will facilitate the promotion and ongoing development of technologies and will assist Government in the certification of systems.
Strategic goals and supporting objectives will be instrumental in facilitating the development of an enabling framework in order for Government to meet its commitment to promoting renewable energy. Four key strategic areas have been addressed, i.e. financial instruments, legal instruments, technology development, and awareness raising, capacity building and education.
To ensure that an equitable level of national resources is invested in renewable technologies, given their potential and compared to investments in other energy supply options.
To set targets for the directing of public resources for the implementation of renewable energy technologies in combination with international sources of funding for this purpose.
To introduce appropriate fiscal incentives for renewable energy.
To extend existing state financial support systems and institutions and introduce innovative approaches to the establishment of sustainable structures and financing mechanisms for delivering renewable energy systems.
To facilitate the creation of an investment climate for the development of the renewable energy sector, which will attract foreign and local investors.
To develop an appropriate legal and regulatory framework for pricing and tariff structures to support the integration of renewable energy into the energy economy and to attract investment.
To develop an enabling legislative and regulatory framework to integrate Independent Power Producers into the existing electricity system.
To develop an enabling legislative framework to integrate local producers of liquid fuels and gas from renewable resources into their respective systems.
To promote the development and implementation of appropriate standards and guidelines and codes of practice for the appropriate use of renewable energy technologies.
To promote appropriate research and development and local manufacturing to strengthen renewable energy technology and optimise its implementation.
To promote knowledge of renewable energy and energy efficiency and thereby to increase their use.
To promote and stimulate the renewable energy market through the dissemination of information regarding the economic, environmental, social and trade benefits of renewable energy technologies and their applications.
To persuade the appropriate Government and Government funded institutions to implement training and education programmes with regard to renewable energy.
To actively involve women in decision-making and planning and promote empowerment in renewable energy programmes or activities.
To improve communication and interaction between national, provincial and local Government institutions on renewable energy policies.
The Constitution requires that the legislative and executive authority of different spheres of Government operate within a framework of cooperative governance. The Department of Minerals and Energy will take overall responsibility for renewable energy policy in South Africa. The Department will establish the appropriate enabling environment to ensure that activities undertaken by other stakeholders are co-ordinated, uniform and effective.
The future Energy Regulator will regulate market access through licensing of all producers transmitters, distributors and sellers of energy. The Energy Regulator will also regulate the prices at which power is purchased from all generators, including Eskom and the Independent Power Producers, and approve electricity tariffs.
In applying the Petroleum Products Act the Minister of Minerals and Energy may introduce measures to facilitate the entry of liquid fuels produced from renewable resources. The key focus area of the Central Energy Fund (CEF) is aimed at contributing to the development of South Africa's energy sector by facilitating the universal access to energy, including the increased use of renewable energy. The CEF renders operational support to the energy sector in the form of treasury services, including the raising of funds both locally and internationally. Mechanisms will be investigated to extend the operational support available from the Central Energy Fund to renewable energy programmes.
The Department of Minerals and Energy will develop a partnership approach to ensure an integrated focus for national renewable energy initiatives.
A Strategy on Renewable Energy will be developed, which will translate the goals, objectives and deliverables set out herein into a practical implementation plan. Underpinning the Renewable Energy Strategy is a Macro-economic analysis to guide cost efficient Government financial assistance based on a least-cost and employment maximising supply model in reaching the target. A number of important investigations will be undertaken during the Strategy development, including, inter alia, how the renewable energy target will be periodically reviewed with respect to the different primary energy carriers, the mechanism that is selected for the feed-in of electricity generated from renewable resources into the national electricity network, and the modalities of the various financial, legal and regulatory instruments to be employed as part of the enabling framework of mechanisms to support the promotion of renewable energy.
The main aim of the policy is to create the conditions for the development and commercial implementation of renewable technologies. Government will use a phased, managed and partnership approach to renewable energy projects that are well conceived and show the potential to provide acceptable social, environmental and financial returns for all investors and stakeholders. This will lessen the strain on fiscal resources and hold greater potential for successful implementation. The focus will be on delivery and not to re-invent the wheel with respect to technologies that are readily available. An appropriate enabling environment towards full commerciality will nurture the technologies that are proven to best meet Government's policy objectives.
The policy will be evaluated mid-term, after five years, to see if the targets, objectives and deliverables are being achieved. It will be updated in the light of progress to assess whether any amendments in policy are required. Sustainable development criteria - economy, environment and social priorities - will be used to guide strategy in a balanced way for the longer-term. At the same time, Government will monitor worldwide technical developments in renewable energy with a view to identifying technologies that may be particularly appropriate to the South African situation in the long-term, making the best use of partnerships where possible, both locally and internationally.
This White Paper on Renewable Energy (herein referred to as The White Paper) supplements the Government's overarching policy on energy as set out in its White Paper on the Energy Policy of the Republic of South Africa (DME, 1998), which pledges 'Government support for the development, demonstration and implementation of renewable energy sources for both small and large-scale applications'.
The White Paper sets out Government's vision, policy principles, strategic goals and objectives for promoting and implementing renewable energy in South Africa.
to inform Government agencies and Organs of State of these goals, and their roles in achieving them.
An energy economy in which modern renewable energy increases its share of energy consumed and provides affordable access to energy throughout South Africa, thus contributing to sustainable development and environmental conservation.
Renewable energy harnesses naturally occurring non-depletable sources of energy, such as solar, wind, biomass, hydro, tidal, wave, ocean current and geothermal, to produce electricity, gaseous and liquid fuels, heat or a combination of these energy types.
Solar energy can be used to generate electricity; heat water; and to heat, cool and light buildings. For example, photovoltaic systems capture the energy in sunlight and convert it directly into electricity. Alternatively, sunlight can be collected and focused with mirrors to create a high intensity heat source that can be used to generate electricity by means of a steam turbine or heat engine.
Wind energy uses the naturally occurring energy of the wind either directly as in windmills or to generate electricity, and can be used, for example, to charge batteries or pump water.
Large modern wind turbines operate together in 'wind farms' to produce electricity for utilities. Small turbines are used to meet localised energy needs.
Biomass energy (from organic matter) can be used to provide heat, make liquid fuels, gas and to generate electricity. Fuelwood is the largest source of biomass energy, generally derived from trees. However, fuelwood is used unsustainably when new trees are not planted to replace ones that are used. Fuelwood derived in this way cannot be properly defined as renewable. Other types of biomass include plants, residues from agriculture or forestry, and organic components in municipal and industrial wastes. Landfill gas is considered to be a biomass source.
Bio-fuels in liquid form can be produced from the conversion of biomass and used, for example, for transportation. The two most common bio-fuels are ethanol and bio-diesel. Fermenting any biomass that is rich in carbohydrate, such as maize, makes ethanol. Biodiesel is made using vegetable oils, animal fats and algae.
Hydropower uses the movement of water under gravitational force to drive turbines to generate electricity.
Wave power, tidal power and ocean currents can be used to drive turbines to generate electricity. Technologies to harness these forms of power are presently being developed to the stage of commercialisation.
Geothermal activity in the earth's crust derives from the hot core of the earth. Examples are the natural geysers and hot water sources employed for power generation and space heating or using deep hot dry rock as heat exchangers by pumping water through the natural rock fissures to produce steam for power generation.
The purpose of this White Paper is to set out Government's principles, goals and objectives for renewable energy. It furthermore commits Government to a number of enabling actions to ensure that renewable energy becomes a significant part of its energy portfolio over the next ten years.
Government intends to strategically develop the renewable energy resources in the future in a systematic way. The challenge for the Government will be to provide sufficient incentive for the renewable energy-based industries to develop, grow and to be sustainable in the longterm. South Africa's fiscal resources are however limited. The limited financial resources available for the renewable energy programme will be optimally used with a specific emphasis on ensuring that the global climate change resources and other financial resource are accessed to facilitate its implementation.
South Africa will continue to benefit from the innovativeness of its people in industry and academia to meet the challenge of providing renewable energy alternatives that can initiate the renewable energy programme without the requirement of exorbitant subsidy demands. It is the aim of the Government to set proper boundaries within which the renewable energy industry can operate and grow, thus contributing positively to the South African economy and to the global environment. This will include changing the basic framework of how energy is produced, sold, traded, transferred and bought. The long-term goal is the establishment of a sustainable renewable energy industry with an equitable BEE share and job market that will offer in future years a fully sustainable, non-subsidised alternative to fossil fuel dependence.
With an increasing demand in energy predicted and growing environmental concerns about fossil fuel based energy systems, the development of large-scale renewable energy supply schemes is strategically important for increasing the diversity of domestic energy supplies and avoiding energy imports while minimising the environmental impacts. Consequently, the Department of Minerals and Energy has been engaged for a number of years in a process for the development of a renewable energy policy, whose need and urgency has been underlined by the WSSD. Various studies have been undertaken and discussions, meetings and workshops have been held with a wide range of stakeholders to discuss the development of a renewable energy policy.
South Africa currently relies almost completely on fossil fuels as a primary energy source (approximately 90%), with coal providing 75% of the fossil fuel based energy supply (DME, 1999). Furthermore, of the total amount of electricity generated in 1999, 91% was derived from coal (NER, 2000). Coal combustion in South Africa is the main contributor to carbon dioxide emissions, which is the main greenhouse gas that has been linked to climate change. Indeed, South Africa has one of the highest levels of carbon dioxide emissions per capita in the World (see Figure 2). This reliance on fossil fuels to meet energy requirements is recognised, but as concerns about global climate change grow, South Africa also needs to be a responsible global neighbour. South Africa is a major exporter of coal. Therefore emission constraints could have a significant impact on the South African economy and trade. Thus, alternative means of producing energy such as renewable energy sources, which have less impact on the environment compared to fossil fuels have to be considered.
Secondly, although presently 9% of SA's energy mix is renewable energy, largely in the form of fuelwood, this is harvested in an unsustainable manner. In time the rural poor will run out of fuelwood unless something is done. Since many of the communities reliant on fuelwood are remote from the electricity grid, a package of energy services (e.g. paraffin, LPG and renewable energy alternatives such as hybrid mini-grid systems, gel fuel, solar cookers and solar water heaters) have to be employed. Such modern energy systems will not only provide better, cleaner and healthier energy services, they will also help to save the remaining woodlands. The advantage of this approach is that not only are the basic services (e.g. lighting, cooking) provided but also sufficient power (e.g. hybrid mini-grid) to activate and enhance the economic and job creation potential of the community.
Current peak electricity demand is approximately 31 500 MWe (July 2002), and national installed capacity is approximately 37 000 MWe. Assuming a 10% reserve margin, South Africa will be short of capacity by 2005-2007, unless demand side management occurs or new plant is built (see Figure 2). Assuming the 10% reserve margin on a gross capacity of 37 000 MWe, the current net capacity is 33 300 MWe, which is only 1 800 MWe (that is the size of Koeberg) above the peak demand. Given the time to commission a new plant, the current electricity generation system could soon be viewed as vulnerable. A renewable energy power plant has a lead time of approximately 3 years as compared to conventional coal fired plant that has a lead time of approximately 5 years (EIA, 2001). Distributed generation, (many small units) would have the shortest lead time.
New electricity generation capacity will have to include "cleaner" technologies as power plants last 40 years or more - long after South Africa may be required to take on commitments related to GHG emissions. Hence, it is the intention of the Government to strategically develop its energy resources in order to address the issue of diminishing resources, energy security and mounting environmental concern. This issue can be resolved by diversifying South Africa's energy sources.
Natural gas is generally considered to be a "cleaner fuel" as it produces lower GHGs in comparison with coal and oil.
The current euphoria (primarily on an environmental basis) regarding a potential shift to natural gas as a significant contributor to energy supply needs to be placed in the context of available local and regional gas reserves. The Integrated Energy Plan (DME, 2003) indicates that the energy content of the known gas reserves, (including those of Namibia and Mozambique), are 0.5% of the known coal reserves. Even if the gas reserves were 20 tcf (and compared with coal reserves of 55 billion tonnes), then the gas reserves would amount to only 1.9% of coal reserves..
Hence, it is manifest that under these circumstances gas is unlikely to form any major component of primary energy supply over any extended period when compared with coal. Other energy resources such as renewable energy, which South Africa has an abundance of, see (4.2), need to be promoted.
Renewable energy will contribute to the diversification of energy resources through the implementation of a properly managed programme of action that will provide sufficient incentive for the sustainable development of the renewable energy-based industries.
Although renewable energy technologies often have higher investment costs, their operation and maintenance costs are generally lower than conventional fossil-based energy technologies. The result is that many renewable energy technologies are not cost-competitive compared with South Africa's fossil-based energy technologies. Recent years have seen some significant cost reductions (see Table 1) with some renewable energy technologies already competing with fossil based energy technologies in certain niche markets.
Solar PV 0.
Solar thermal 0.
Tidal 0.
There are many reasons for this discrepancy in cost, including, the fact that the lower costs associated with fossil fuel use does not fully account for its adverse impact on the environment and society. Blignaut & King, 2002, stated that the environment and society are subsidising the coal combusting industries by, on average, an amount more than the private cost of coal. Thus, if the use of renewable energy is to be successfully implemented Government should create an enabling environment through the introduction of fiscal and financial support mechanisms within an appropriate legal and regulatory framework, to allow renewable energy technologies to compete with fossil-based technologies.
The White Paper was developed in the context of both international and national driving forces. International developments around the United Nations Framework Convention on Climate Change, the world markets for renewables, South Africa's reintegration into the global economy and hosting of the WSSD, necessitated the development of a definitive policy on renewable energy. Government's overarching energy policy (DME, 1998) touched on renewable energy, which needed to be fully developed and articulated.
The Constitution (Act No. 108 of 1996) provides the legal basis for allocating powers to different spheres of Government and contains a number of rights specifically relevant to the national energy policy. The Constitution states that Government must establish a national energy policy to ensure that national energy resources are adequately tapped and delivered to cater for the needs of the nation. Energy should be made available and affordable to all citizens, irrespective of geographic location. The production and distribution of energy should be sustainable and lead to an improvement in the standard of living of citizens.
secure ecologically sustainable development and the use of natural resources while promoting justifiable economic and social development.
Chapter 2, Bill of Rights of the Constitution further states: "The State must respect, protect, promote and fulfil the rights in the Bill of Rights".
Government will work towards the establishment and acceptance of broad targets for the reduction of energy related emissions that are harmful to the environment and to human health.
The White Paper on Energy Policy (DME, 1998) sets out Government's policy with regard to the supply and consumption of energy for the next decade. The policy strengthens existing energy systems in certain areas, calls for the development of underdeveloped systems and demonstrates a resolve to bring about extensive change in a number of areas. The policy addresses all elements of the energy sector.
The White Paper on Energy Policy states that the electricity sector reform will be based on introducing competition into the industry by restructuring Eskom generation into separate generation and transmission companies.
The policy recognises that South Africa has neglected the development and implementation of renewable energy applications. However, the significant medium and long-term potential of renewable energy is recognised.
Ensuring that economically feasible technologies and applications are implemented through the development and implementation of an appropriate programme of action.
Addressing constraints on the development of the renewable energy industry.
Since 1994, social and economic policies have largely been informed by two strategies: the White Paper on Reconstruction and Development (1994), and its programme "for integrated and coherent socio-economic progress" (White Paper on Reconstruction and Development p71), and the macro-economic strategy -Growth, Employment and Redistribution (GEAR). The main energy emphasis in the White Paper on Reconstruction and Development was the electrification of 2.5 million households by 2000.
The five programmes of the Reconstruction and Development Programme (RDP) -meeting basic needs, developing human resources, building the economy, democratising the state and society, and implementing the RDP, are to a large extent echoed in the five overarching policy goals set out in the White Paper on the Energy Policy.
Other policy documents, such as the Rural Development Strategy of the Government of National Unity (1995) detailed the challenges facing rural people with regard to access to energy supply and the need for co-ordination of rural development.
Promoting redistribution by creating jobs and reallocating resources through the budget. The energy sector contributes towards economic growth, trade, investment and employment creation, as well as providing infrastructure for households. In addition, there has been an increased emphasis in recent years towards a liberalisation of the energy sector. This includes a programme of restructuring and rationalisation of stateowned enterprises. This has implications in a number of energy markets, in particular for the electricity sector.
The Integrated Sustainable Rural Development Strategy (ISRDS 2000) was "designed to realise a vision that will attain socially cohesive and stable rural communities with viable institutions, sustainable economies and universal access to amenities, able to attract and retain skilled and knowledgeable people, who are equipped to contribute to growth and development".
A strategic objective of the ISRDS is "to ensure that by the year 2010 the rural areas would attain the internal capacity to integrated and sustainable development" (ISRDS, 2000). Key aspects facilitating this objective are decentralised Government, capacity building at the local level and significant transfers from central Government to provide incentives for efficient local Government.
While the contribution of the energy sector is to provide basic energy services to rural areas, in particular extending access to electricity including non-grid electrification and mini-grids, as well as improving access to other fuels and appliances, the effort should also be viewed as an opportunity to create an economic base via agricultural and home-based industries and SMMEs in order to grow the income-generating potential of communities. Such energy activities should be co-ordinated with the Integrated Development Plans of Municipalities.
At present legislation covers the areas of electricity and liquid fuels. The White Paper on Energy Policy encourages the entry of multiple players into the power generation market.
Through the Electricity Act (Act no 41 of 1987) the National Electricity Regulator (NER) has jurisdiction over the entire industry and regulates market access through licensing of all producers (greater than 5 giga watt hours per annum), transmitters, distributors and sellers of electricity. All electricity tariffs have to be approved by the NER that also regulates quality of supply and mediates disputes and customer complaints. A regulatory framework is being prepared to govern the approach to renewable energy implementation.
The liquid fuels industry is governed by generally applicable legislation such as the Competition Act (Act no 89 of 1998). Price control is affected by the Minister of Minerals and Energy in terms of the Petroleum Products Act (Act 120 of 1977). In terms of the Petroleum Products Act Amendment Bill (of 2002), certain transitional measures are introduced to ensure an orderly process of managed liberalization. The Minister of Minerals and Energy will remain the liquid fuels industry regulator and may prescribe the price at which any petroleum product may be sold or bought, method of trading, publishing of prices and quantities of crude oil or petroleum products to be maintained by any person. The Minister shall furthermore appoint a person in the public service as Controller of Petroleum Products who shall issue licenses in terms of the Act and in issuing such licenses.
The Central Energy Fund Act (Act 38 of 1977) is enabling legislation in terms of which, inter alia, levies may be imposed on liquid fuels products for collection into of the Central Energy Fund and or the Equalisation Fund. These funds can be employed for dedicated energy purposes in a manner prescribed by the Act.
In order to develop the piped gas industry and regulatory framework for the development of a competitive gas industry through granting of licenses for the transmission, storage, distribution and trading of piped gas and matters connected therewith the Gas Act (Act 48 of 2001) was promulgated.
The high initial costs for renewable energy necessitates the establishment of funding mechanisms to promote their implementation. The Central Energy Fund has historically been focussed on the management of crude oil and locally produced hydrocarbons. However, increasing the use of renewable energy, biomass derived liquid fuels and energy sources such as bio-diesel, ethanol and landfill gas have been identified as one of its key focus areas in future. Mechanisms, such as the Central Energy Fund and Equalisation Fund, could be harnessed to extend the operational support available to renewable energy programmes. The Gas Act and the proposed amendment to the Petroleum Products Act will provide a basis for the integration of renewable energy derived liquid fuels and landfill gas into the petroleum and gas industry regulatory framework. Government has already stated that it will incentivise the production of bio-fuels produced from biomass in the form of a 30% reduction in the Fuel Levy (tax) on such fuels (Budget Speech Minister of Finance, February 2002). Government could take the lead by setting supply and demand targets e.g. a percentage of Government (national and provincial) and Government related financial institutions, agencies projects budget invested in renewable energy programmes and a target set for a percentage of renewable energy demand by Government (national and provincial) and related institutions and agencies.
A proposed Energy Bill (Energy Bill, 2003) will allow the Minister to make renewable energy regulations regarding: "minimum contributions to the national energy supply from renewable energy resources, and may in regard thereto specify renewable energy technologies". This may create a market demand for renewable energy which will speed up the commercialisation of renewable energy technologies with less government assistance.
There are significant barriers to the further implementation of renewable energy that need to be addressed.
Many renewable energy technologies remain expensive, on account of higher capital costs, compared to conventional energy supplies for bulk energy supply to urban areas or major industries.
Implementation of renewable energy technologies needs significant initial investment and may need support for relatively long periods before reaching profitability.
There is a lack of consumer awareness on benefits and opportunities of renewable energy.
The economic and social system of energy services is based on centralised development around conventional sources of energy, specifically electricity generation, gas supplies and, to some extent, liquid fuel provision.
Financial, legal, regulatory and organisational barriers need to be overcome in order to implement renewable energy technologies and develop markets.
There is a lack of non-discriminatory open access to key energy infrastructure such as the national electricity grid, certain liquid fuels and gas infrastructure.
The Intergovernmental Negotiating Committee for a Framework Convention on Climate Change was established in 1990. This Committee drafted the United Nations Framework Convention on Climate Change (UNFCCC), which was opened for signature in June 1992 at the Rio de Janeiro Earth Summit. The fundamental objective of the UNFCCC is to achieve stabilisation of the concentrations of GHG in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. South Africa ratified the UNFCCC in 1997, which enables South Africa to apply for financial assistance for climate change related activities from the Global Environmental Facility (GEF).
The Kyoto Protocol was introduced in 1997 at the third Conference of Parties. The conference resulted in a consensus decision to adopt a Protocol under which industrialised countries (Annex 1 countries) will reduce their combined greenhouse gas emissions by at least 5% compared to 1990 levels by the period 2008 to 2012.
The Protocol will come into force after it has been ratified by least 55 parties to the UNFCCC, including Annex 1 parties accounting for at least 55% of the total 1990 carbon dioxide emissions in this industrialised group.
South Africa acceded to the Kyoto Protocol in March 2002. The Kyoto Protocol does not commit the non-Annex 1 (developing) countries, like South Africa, to any quantified emission targets in the first commitment period (2008 to 2012). However, there is potential for low cost emission reduction options in these countries. The Clean Development Mechanism provides for the certified emission reductions between non-Annex 1 countries and Annex 1 countries. The mechanism is specifically defined to support sustainable development with respect to greenhouse gas emissions in developing countries while helping Annex 1 countries to comply with their commitments under the Kyoto Protocol. The Annex 1 countries may use the certified emission reductions accruing from such project activities to contribute to compliance with part of their emission reduction commitments.
South Africa is by far the largest emitter of GHGs in Africa and one of the most carbon emission-intensive countries in the world as shown in figure 2, due to the energy intensive economy and high dependence on coal for primary energy.
Renewable sources of energy are estimated to meet between 15 and 20% of current final world energy consumption, predominantly from hydro-electricity, fuelwood, biomass and geothermal (UK DTI, 1999). Scenario analyses by Shell, which assume pressure towards sustainability, show renewables meeting around 40% of world energy needs by the middle of the century (Shell, 2001). This prognosis is based on the reducing role for fossil fuels as they become scarcer, the need to contain fossil fuels use because of their emissions and the need to reduce their impact on climate change.
South Africa faces the challenge of ensuring the availability of abundant easily sourced and competitively priced energy supplies. Energy security is now being achieved through the greater diversification and flexibility of supply and competition between energy carriers. The challenge facing Government is to create a policy framework with appropriate legal, fiscal and regulatory instruments that attract domestic and international investment, while ensuring that national policy objectives are achieved and at the same time resulting in an appropriate energy mix.
There is an international trend towards the generation of "clean" energy in response to the threat of climate change and to meet the commitments of the Kyoto Protocol. South African industry depends on modern energy carriers produced from coal, oil and gas. Although South Africa is not committed to a specific timeframe to reduce greenhouse gas emissions, it has a window of opportunity to utilise international funding for the penetration of renewable energy into South Africa's energy mix.
Globally, the renewable energy industry is projected to grow rapidly over the next decade. The International Energy Agency estimates a 15-20% of total energy supply contribution from renewable energy by 2010 (UK, DTI, 1999), up from 10% in 1999 (IEA, 1999). This is due to renewable sources of energy having considerable potential for increasing security of supply by diversifying the energy supply portfolio and increasingly contributing towards a long-term sustainable energy future. In terms of environmental impact, renewable energy generation results in the emission of less greenhouse gases than fossil fuels, as well as fewer airborne particulates and other pollutants. Furthermore, renewable energy generation technologies save on water consumption in comparison with coal-fired power plants.
In South Africa renewable energy accounts for approximately 9% (1999) of total energy consumption (Energy Futures, 2000). Most of this energy is generated from fuelwood and dung and not modern renewable energy technologies. Less than 1% of the total electrical energy used in South Africa originates from renewable energy sources. One of the objectives of this White Paper is to promote biomass energy conservation through the use of more efficient renewable technologies such as solar cookers, improved woodstoves and ethanol gel stoves.
Renewable energy can be generated centrally and distributed for use near its point of production. Providing energy at (or near) the point of use reduces the infrastructure required for energy distribution and energy delivery losses, as well as increasing energy efficiency. Accelerated implementation of technologies in the private, commercial and industrial sector, such as passive solar design technologies and solar water heating systems, should also impact positively on energy demand-side management and thus defer the need for additional power plant capacity.
The mere availability of a renewable energy resource does not mean that that resource can readily be used as an energy source. To utilise a resource several factors need to be considered: the conversion system, quality of the fuel, conversion cost, transport cost as well as the size and location of the demand. This section provides a preliminary overview of South Africa's technical renewable energy resource potential and applications.
The South African Renewable Energy Resource Database (RRDB) is based on the analysis of a comprehensive data set, which covers the whole of South Africa (DME, Eskom, CSIR, 2001). National level data is useful in identifying potential resource types and localised densities or areas of highest probability, but to move from such broad assessments to the identification of potential large-scale utilisation of renewable energy resources requires a lot more detailed and localised analysis. The RRDB database incorporates such focussed and detailed analysis of specific areas.
Wind power potential is generally good along the entire coast with localised areas, such as the coastal promontories, where potential is very good, i.e.
Areas with low wind power potential include the folded mountain belt (vast region of very complex and diverse terrain), the Western and Southern Highveld Plateau, the Bushveld basin, the Lowveld, the Northern Plateau, the Limpopo basin, Kalahari basin, the Cape Middleveld and the KwaZulu-Natal interior.
The upper limit of wind energy available to be captured in South Africa is estimated at 3 GW (Diab, 1988). Taking a conservative estimate of 30% conversion efficiency and 25% capacity factor, it is estimated that wind power could supply at least 1% of South Africa's projected electricity requirements (198000 GWh) in 2002. This excludes the offshore wind energy potential which should also be assessed.
Wind mills for water pumping are a well established application.
Grid connected wind farms could supplement the electricity grid through distributed generation, rather than transporting the electricity over large distances with the associated costs and electricity losses. Large wind turbine systems would supplement the grid by providing generation capacity at coastal areas and working with water pumping schemes to "store" the energy which could provide supply at peak times. Careful placement of large wind farms minimises potential noise and visual pollution.
Moderate wind regimes, for example the large sparsely populated areas of the Karoo and Northern Cape, can be economically exploited in stand-alone or hybrid electricity generation configurations with PV and/or diesel generator sets. A small local supply industry focusing on small stand-alone battery charging systems already exists in the country.
The main sources of biomass are fuelwood in the rural domestic sector, bagasse in the sugar industry, and pulp and paper waste in the commercial forestry industry for in-house heat and electricity generation. In addition, there is considerable potential (without impacting on food production) for the production of bio-fuels from energy crops such as maize, sunflowers and the Jatropha tree.
The use of biomass as a fuel source for sustainable energy systems is growing internationally. Biomass resources are extensively used for energy production in countries that are dependent on imported fuels for power production. Electricity generated from bagasse contributes some 60% of Mauritius' electricity needs during the 9-month harvesting season (DME, DANCED, 2001).
Fuelwood is the main source of energy for most rural households. Demand exceeds supply in many areas of the country, resulting in environmental degradation caused by unsustainable harvesting practices and past clearance of land for residential and agricultural purposes. Targeted intervention in these areas to manage woodlands for the benefit of rural households is recognised in the White Paper on Energy Policy. The Department of Water Affairs and Forestry is responsible for community forestry and is currently preparing a strategy on managing wood supply in the rural areas.
According to DWAF (DWAF, 2003) the key biomass resources that play a role in terms of renewable energy are invasive aliens (e.g. exotic acacia species like black wattle and Port Jackson), commercial plantations and the wood industry, woodlots, trees in the urban environment, woodlands and indigenous forests and trees cultivated as fuel crops.
In Figure 4 the total potential biomass energy in South Africa is represented as modelled by the Renewable Resource Database (RRDB). Of particular note are the high energy densities found around the sugar, wood and pulp mills. It is at these mills where the potential lies for Independent Power Producers (IPPs).
Bagasse is the residue that remains after sugar cane has been processed in mills for sugar production. The principal sugar cane growing areas are the KwaZulu-Natal coastlands and the Mpumalanga lowveld.
52.5 tons/ha. Therefore some 21 million tons of sugar cane was delivered to the various sugar mills, which produced some 7 million tons of bagasse with a net calorific value of 6.8 GJ/ton and a total energy content of 47.6 million GJ (Wienese, 1999).
With the sugar mills currently generating a significant amount of power for own use and even limited export, bagasse offers some of the best potential for IPP in South Africa using renewable resources. Wienese (1999) estimates that the current production of energy of some 30 kWh/ton can be increased by up to 120 kWh/ton using conventional steam plants running at higher pressures. Using integrated combined cycle combustion technologies the yield per ton of bagasse can be increased up to 200 kWh/ton. Purely through increased efficiency and new technologies the potential of this resource can be increased from the current 210 GWh to 1 400 GWh per annum.
Pulp mills: boiler ash, sludge, sawdust and black liquor.
The viability of wood as an energy source suitable for electricity generation lies within the wood, pulp and paper industries. In these industries there is already some heat and power generation taking place and there is potential for upgrading and expansion. The sector consists of two main components: the production of timber and the production of wood pulp for paper and board manufacturing.
Table 2 below gives the result of the RRDB modelling of the wood and pulp industries energy potential based on availability and energy content of fuels.
Sawmills 1.
Sorghum heads, stalks and leaves.
These crops constitute more than 98% of annual production in South Africa (DME, Eskom, CSIR, 2001). The RRDB modelling of the energy potential of these crops was based on expected yield per area cultivated and the energy range of the crop residues. The residue amounts per area varied between 0.2 -10 ton/hectare/year with an annual total of 24.4 million tonnes/year. Energy values varied between 2 - 140 GJ/ha/year with sugarcane recording the highest values.
The potential energy from grass reached 84 GJ/ha/year in the most favourable areas along the low-lying areas of KwaZulu Natal, Mpumalanga and the Eastern Cape (DME, Eskom, CSIR, 1999). By comparison in the savannah regions the yield was negligible.
The potential exists to utilise the manure and litter from livestock to generate methane gas through anaerobic fermentation in biogas plants. Most cattle farms in South Africa are free range and the poultry and pig farms have large amounts of manure available on site. An assessment is required to see if the litter and manure from these farms can be used in biogas generators or burned in incinerators on a scale that would warrant classification as an IPP.
In Table 3 only the manure and litter available at a single point such as for feedlot cattle of chicken broilers were included.
Heat and electricity generation: Co-generation of electricity in the industrial sector from biomass in the bagasse and pulp and paper industries is currently taking place but this is used on-site and not exported to the national electricity grid because of the low price of electricity generated from coal and the lack of clarity of the rules applicable to IPPs.
In many of South Africa's neighbouring states charcoal is used extensively as a domestic fuel. In South Africa however charcoal is currently used mainly in the recreation, catering and metallurgical industry, leaving scope for its further exploitation.
Bio-fuels: Various crops can be fermented to produce ethanol (ethanol gel fuel) and sunflower seeds and Jatropha tree nuts crushed and processed to yield bio-diesel. South Africa is dependent on importing crude oil for its liquid fuels requirements. Considerable scope therefore exists to supplement imported petroleum with bio-fuels with their job-creation spin-offs.
Biomass production for energy should not compete and or conflict with food production.
A popular perception that the potential for hydropower in South Africa is very low, is often overstated. It has been shown in an assessment conducted by the DME (2002), the "Baseline Study on Hydropower in South Africa" (CaBEERE, 2002) that there exists a significant potential for development of all categories of hydropower in the short- and medium-term in specific areas of the country. Figure 5 shows all areas with hydro potential in South Africa. For example, the Eastern Cape and KwaZulu-Natal provinces are endowed with the best potential for the development of small, i.e. less than 10MW, hydropower plants. The advantages and attractiveness of these small hydropower plants is that they can either be stand-alone or in a hybrid combination with other renewable energy sources. Further, advantage can be derived from association with other uses of water (e.g. water supply, irrigation, flood control, etc), which are critical to the future economic and socio-economic development of South Africa.
Stephenson (CaBEERE, 2002) identified the Eastern Cape province (particularly the area of the former Transkei) as potentially the most productive areas for macro hydro-electric development in South Africa. Clackson (2002) investigated potential in the Lower Orange river for hydropower plants in series or tandem. It is envisaged that some 12 hydro-electric plants can be installed in series, each site having a potential output of between 6 MW and 25 MW. Table 4 shows the potential of hydropower in South Africa.
The Southern African Power Pool (SAPP) allows the free trading of electricity between SADC member countries, providing South Africa with access to the vast hydropower potential in the countries to the north, notably the significant potential in the Congo River (Inga Falls). At the same time the countries to the north could benefit through access to the coal fired power resources in the south. Such an arrangement should stabilise the energy requirements of the region as a whole well into this century.
Exploitation of the vast hydropower resources will constitute a significant infusion of renewable energy resources into the energy economy of the Region over the medium to long term. The Lesotho Highland Water Scheme has the capacity to contribute some 72 MW of hydroelectric power to the system already in the short term. Global pressures regarding the environmental impact and displacement of settlements by huge storage dams will likely limit the exploitation of hydropower on a large scale.
Small-scale hydro generators (<10 MW) could be used as a stand-alone or in combination with other renewable energy and conventional technologies (hybrid systems) for power generation.
Irrespective of the size of installation, any hydropower development will require authorisation in terms of the National Water Act (DWAF, 2003).
South Africa experiences some of the highest levels of solar radiation in the World. The average daily solar radiation in South Africa varies between 4.5 and 6.5 kWh/m2 (16 and 23 MJ/m2) (Stassen, 1996), compared to about 3.6 kWh/m2 for parts of the United States and about 2.5 kWh/m2 for Europe and the United Kingdom. Figure 6 below shows the annual solar radiation (direct and diffuse) for South Africa, which reveals considerable solar resource potential for solar water heating applications, solar photovoltaic and solar thermal power generation.
Solar passive building design practice for residential, commercial and industrial buildings to minimise thermal energy consumed. This includes the energy that is consumed by the occupants, as well as that which is embedded in the construction of the building.
Solar water heating for domestic, recreational, institutional and industrial use.
Solar space heating - closely related to solar passive and active building design practice and can also include solar water heating technologies.
Solar cookers as an alternative to cooking with fuelwood in the rural areas.
Agricultural use (e.g. crop drying, greenhouses), especially for small-scale farming.
For electricity (photovoltaic and solar thermal) generation, ranging from small to mediumscale stand-alone applications to large-scale grid-connected applications.
Heat pumps for water heating, space heating and cooling.
Photovoltaic: Photovoltaic (PV) systems are widely applied for powering conventional and cellular telecommunications networks in South Africa. They are also applied in small-scale remote stand-alone power supplies for domestic use, game farms, household and community water pumping schemes. Installed PV has solar to electric efficiencies in excess of 8% and typical load factor of 22%. The installed PV capacity is estimated at just over 8 MWp (2000).
Solar Thermal: The minimum Direct Normal Radiation (DNR) to justify a combined solar thermal power plant is 1800 kWh/m2 per year (van Heerden, 2002). According to the RRDB, the area exceeding the minimum required DNR in South Africa covers approximately 194 000 km2. A 100 MW solar thermal plant requires roughly 3 km2 (1800 kWh/m2 per year). If 1% (1 940 km2) of the identified area is available for solar thermal power generation: South Africa has an installed potential of 64.6 GW which is about 36 217 GWh/year or 3 Mtoe/year (16% solar to electric efficiency, 40% capacity factor).
Back-up and energy storage constraints are limiting the wider economical utilisation of solar electricity generation (solar thermal and photovoltaic).
Solar Water Heating: Domestic solar water heating is currently about 1.3% of the solar energy market.
(2.83 Mtoe). Assuming that some 30% of total domestic electricity consumption is used for water heating and that 60% of this electricity can be replaced by solar energy by using a hybrid solar-electric water heating system, then the potential savings for urban residential households come to 5 900 GWh (0.508 Mtoe) (Fecher et al, 2003). This is about 18% of urban residential consumption which is equivalent to a large coal-fired power station (900 MW). There is thus considerable scope to increase the application of solar water heating, which would contribute favourably to electricity demand-side management and deferral of new generation capacity. An increasing market for solar water heating would result in a growth in the relevant manufacturing industry and increased employment opportunities.
Wave potential along the Cape coastline is estimated as significant, but no exploitation is taking place to date. A mean annual power level of about 40 kW/m wave crest is typical offshore at the Cape Peninsula. An estimated total average power of 56 800 MW is available along the entire coast. However, it is doubtful whether any of this potential energy could be realised on a large scale in the medium-term due to cost considerations (DME, DANCED, 2001). Wave technology is still at an early stage of development. Many-small-scale experimental devices are being tested and several prototype devices are now producing electricity for consumption (Cavanagh et al, 1993).
Preliminary investigation has revealed considerable potential in the Agulhas Current, one of the strongest currents in the World. The current originates in the Indian Ocean and passes down South Africa's eastern seaboard. It is about 150 km wide and flows at 6 metres/sec, and is estimated to be able to produce some 2 000 MW. At present the technology that employs turbines for electricity production in marine environments is being utilised in several pilot sites across the World. The advantages of ocean currents are that, since water is a dense medium, turbines can be small, flow is predictable, and forecasting is easier. Further assessments are required to establish whether the Agulhas Current is a suitable candidate for this technology, but if so, it could be regarded as a long-term prospect.
South Africa disposes of almost all of its refuse to landfill sites. The energy content of the total domestic and industrial refuse disposed of in 1990 amounted to 40.5 PJ per annum. The most feasible area for incineration of refuse from large municipalities would be the Reef area of Gauteng where it is estimated that approximately 17 PJ could be produced annually. The net realisable energy available from sewage-derived methane in South Africa would be in the order of 36 MWh (1.13 PJ) per annum for electricity generation and 96 MWh (3.0 PJ) for heating purposes (DME, DANCED, 2001). Options for energy production from municipal waste are being examined including biogas projects as well as methane gas from landfills.
Certain renewable energy technologies such as solar water heating and photovoltaics are well developed and are generally readily available. The challenge for South Africa is to identify those technologies that are most suitable for widespread application in South Africa.
Renewable energy power plants have a lead time of approximately 3 years as compared to conventional coal fired plant that has a lead time of approximately 5 years (EIA, 2001). Distributed generation, (many small units) would have the shortest lead time.
Hydro electricity range (run-of-river) Inflexible intermittent High capital costs, low running costs Base load, intermittent renewable generator.
Wind Inflexible intermittent High capital costs, low running costs Base load, intermittent renewable generator.
Energy crops and biomass waste Capable of flexible operation High capital costs, medium running costs. Energy-from-waste Base load, steady output renewable generator.
Municipal solid waste Flexible High capital costs, low running costs.
Note: Most studies confirm that an intermittent renewable energy contribution (e.g.
Technologies that should be further developed and implemented in South Africa in the shortterm to meet the proposed target of renew-able energy generation include the following: solar water heating, biomass (including bio-fuels), landfill gas, small-scale hydro, wind and solar electric technologies. In the long term renewable energy technologies should be used to harness substantial wave, tidal and ocean current resources. Fuel cells using hydrogen e.g. generated from renewable energy resources will also become commercially viable at some stage.
Research and Development into cost effective energy storage systems utilising renewable energy will be encouraged.
Local manufacture of renewable energy technologies will be promoted in order to limit the cost of imported equipment and to benefit from economies of scale, as well as creating employment opportunities.
The regulatory framework with regard to electricity, liquid fuels and housing and building markets.
The evolving electricity pricing structure.
The incentives provided.
The availability of supportive international finance - donor and private - as well as Government funds, to enable implementation.
The fiscal treatment of renewable energy.
The final operational structure of the power sector and the ease of accessing the national electricity grid and wheeling power to end-users.
Detailed feasibility evaluation results for individual projects.
Private investment in renewable energy.
Public awareness, as well as the creation of a demand for green electricity in various sectors of the economy.
The affordability of renewable energy technology.
The market uptake of renewable energy technologies.
The growth of the renewable energy industry will deliver social, economic and environmental benefits to South Africa. Implementation of a renewable energy programme that meets international requirements will attract investment that would otherwise be lost to the country. In addition, novel approaches to energy provision, such as renewable energy, have the potential for increased industrial growth and employment opportunities by establishing industrial development that is more cost effective and competitive internationally. In addition, renewable energy technologies provide significant potential export market opportunities to the southern African region.
10 000 GWh (0.8 Mtoe) renewable energy contribution to final energy consumption by 2013, to be produced mainly from biomass, wind, solar and small-scale hydro. The renewable energy is to be utilised for power generation and non-electric technologies such as solar water heating and bio-fuels. This is approximately 4% (1667 MW) of the estimated electricity demand (41539 MW) by 2013.
This is in addition to the estimated existing (in 2000) renewable energy contribution of 115,278 GWh/annum (mainly fuelwood and waste) (Hughes et al, 2000). More efficient conversion of wood and waste for power generation will contribute to the target.
Policy principles are the fundamental premises that Government will use to apply, develop and test policy and subsequent actions, including decision-making, legislation, regulation and enforcement. The overarching principles of this White Paper are those of the Constitution and Bill of Rights, as well as those in the White Paper on the Energy Policy (DME, 1998).
Full cost accounting: Pricing policies will be based on an assessment of the full economic, social and environmental costs and benefits of policies, plans, programmes, projects and activities of energy production and utilisation.
Equity: There should be equitable access to basic services to meet needs and ensure human well being. Each generation has a duty to avoid impairing the ability of future generations to ensure their well-being.
Global and international cooperation and responsibilities: Government will recognise its shared responsibility for global and regional issues and act with due regard for the principles contained in relevant policies and applicable regional and international agreements.
Allocation of functions: Government will allocate functions within the framework of the Constitution to the institutions and spheres of Government that can most effectively achieve the objective of a function within the context of energy policy.
Participation: Government will encourage the inclusion of all stakeholders in energy governance with the aim of achieving equitable and effective participation.
In order to develop a policy to address the key issues related to renewable energy several approaches to renewable energy implementation were explored. Essential elements of such approaches are - sustainable development, an enabling environment, institutional arrangements, information and technology.
Sustainable development is defined as "the integration of social, economic and environmental factors into planning, implementation and decision-making so as to ensure that development serves present and future generations" (National Environmental Management Act, 1998). The provision of reliable and affordable energy for business and the domestic market, underpins everyone's quality of life.
Renewable energy that is produced from sustainable natural sources will contribute to sustainable development. As most of the sources are indigenous and naturally available, security of energy supply is improved and not disrupted by short-term international crises.
The challenge of climate change is recognised as one of the major environmental threats facing the world today. Reducing the use of fossil fuels through the implementation of renewable energy will reduce harmful emissions and thereby reduce South Africa's impact on climate change.
Renewable energy requires an enabling environment for several reasons. The relatively high capital cost of most renewable energy technologies makes them commercially uncompetitive in the short to medium-term. The establishment of an appropriate enabling environment through the development of fiscal, financial and legislative instruments, will therefore be required to simulate increased utilisation of these technologies. This includes Government support for renewable energy to help establish an initial market share and non-discriminatory open access to the national electricity grid (with an appropriate wheeling arrangement) and other energy infrastructure.
Many of the renewable energy technologies are currently under-developed or not fully commercialised compared with conventional options and hence costs tend to be high. There is a reluctance to invest in what are sometimes considered to be risky investments. By undertaking demonstration projects with stakeholders these risks can be clarified and options to address them tested.
Fossil fuels represent a concentrated form of energy, while renewable energy normally uses dispersed sources with low energy concentrations. Renewable energy typically has a different cost structure to conventional energy sources. For some technologies the initial capital cost is high but the operation and maintenance costs are low and the fuel is free or of low cost.
The current price structure for energy derived from coal, crude oil and nuclear does not include environmental externalities and does not reflect the costs that production has on society at large. However, even if externalities were to be included, there would still be a need to support individual renewable technologies in the market until they achieve the necessary economies of scale, technological development and investor confidence. More work is required to quantify the level at which these externalities will be priced and on how to introduce these in the decision-making process (see 9.1). Supporting financial instruments should, however, provide incentives for continued minimisation of costs.
Overcoming the initial high capital cost and increasing the commercialisation of renewable energy technologies in a market driven energy economy will guide funding for renewable energy technologies. . Government funding will be a catalyst in attracting concessionary, donor and public/private sector funding to drive the commercialisation of renewable energy technologies. Government funding will be sourced through government financial and fiscal measures e.g. budgetary allocation, subsidies, levies, tax rebates or other incentives. This process should be monitored and evaluated in order for the appropriate phasing out of the funding as renewable energy technologies become competitive and are driven by market forces alone.
In the power sector various instruments are applied world wide for incorporating renewable energy power generation into the electricity system, as shown in Table 6. The basics of these instruments could be adopted for other renewable energy applications e.g. bio-fuels, solar water heating.
Of these, the instruments that have been most successful in promoting renewable energy developments are investment incentives, production incentives, and set-asides (DME, DANCED, 2001).
Investment incentives (e.g.
These are direct subsidies and/or tax credits to stimulate investment in renewable energy technology.
Production incentive (e.g.
The electricity distributor is obliged by law to buy, at a certain minimum feed-in tariff (c/kWh, higher than existing tariff), electricity from every grid-connected renewable energy generator. Sources of funding to enable the distributor to buy at the grid-feeder tariff are: direct subsidies and/or a cross-subsidy from the electricity consumer (via the price).
Set-aside (e.g.
A set-aside is a block of energy supply that is earmarked by law for renewable energy capacity. Potential renewable energy generators tender to provide the block of renewable energy supply. Winning projects receive financial support e.g. subsidy per kWh or a guaranteed fixed electricity tariff.
Table 7.
In addition to the points raised in the table, other problems with set-asides are the expensive bidding processes and "lumpiness" in capacity additions if the set-asides are not managed in a smooth progression. Additionally, to ensure sufficient diversity, projects should be grouped in separate categories, so that no one technology will eclipse the other.
In South Africa's current position it appears that a combination of a set-aside, coupled with an investment incentive, could form the basis of utilising renewable energy funding for an initial power generation programme. Tradable Renewable Energy Certificates (TRCs) whereby a renewable energy generator obtains a TRC, which he can trade nationally or internationally to users who want the "Green" attribute, also have possibilities to finance renewable energy generation. A "Green" market survey indicated that there is an, albeit small, growing demand by consumers (household and commerce) willing to pay a premium for the benefit of receiving "green" electricity. This "green" premium will further accelerate the commercialisation of renewable energy technologies, thus reducing the Government financial assistance required.
A decision about which option or combination would be in the best interests of South Africa will be based on a Macro-economic analysis and the outcome presented in the Renewable Energy Strategy. This strategy will be closely coordinated with relevant legislation and regulation such as is proposed in the Energy Bill and that governing Independent Power Producers.
Government will support a programme for the introduction of Renewable Energy based on economic efficiency and continuous, sustained growth in renewable energy production that enables Government to easily measure and control its level of support.
The White Paper will be assessed mid-term (2009) and may be revised in light of the progress made in achieving the target.
Open access to the national electricity grid and petroleum pipeline infrastructure.
The development of a system to compensate for the cost of electricity generated from different technologies and from different geographic locations, and similarly for petroleum products.
Minimum contributions to the national energy supply from renewable energy resources.
Renewable energy is in its formative stages. Unlike established energy sectors, such as the electricity and liquid fuels sectors, renewable energy requires institutional arrangements to strengthen it.
One power producer, Eskom, currently dominates electricity generation and transmission in South Africa. However, the electricity distribution industry is currently undergoing restructuring, including the corporatisation of Eskom and the formation of six new regional electricity distributors.
The White Paper on Energy Policy provides for the integration of grid and non-grid technologies into a single National Electrification Programme, which is an integral element of the restructuring of the electricity distribution industry being undertaken. The White Paper on Energy Policy also encourages the entry of multiple players into the generation market. However, the appropriate regulatory and legal framework will be needed to support the entry of renewable energy generators.
The National Electricity Regulator (NER) has jurisdiction over the entire industry and regulates market access through licensing of all producers (greater than 5 giga watt hours per annum), transmitters, distributors and sellers of electricity. All electricity tariffs have to be approved by the NER that also regulates quality of supply and mediates disputes and customer complaints. A regulatory framework is being prepared to govern the approach to renewable energy implementation.
The Minister of Minerals and Energy is responsible for the governance of the liquid fuels industry in South Africa and governance of the liquid fuels sector is commensurate with Government's policy goals for, and level of involvement in, the industry. The industry is also governed by generally applicable legislation such as competition legislation.
Price control is affected by the Minister of Minerals and Energy in terms of the Petroleum Products Act (Act 120 of 1977). In terms of the Petroleum Products Act Amendment Bill (of 2002), certain transitional measures are introduced to ensure an orderly process of managed liberalization. The Minister of Minerals and Energy will remain the liquid fuels industry regulator and may prescribe the price at which any petroleum product may be sold or bought, method of trading, publishing of prices and quantities of crude oil or petroleum products to be maintained by any person. The Minister shall furthermore appoint a person in the public service as Controller of Petroleum Products who shall issue licenses in terms of the Act and in issuing such licenses.
Government has accepted a process of managed liberalisation of the regulatory dispensation of the liquid fuels industry. The time-horizon for this process will be determined by the achievement of specific milestones as set in the White Paper on Energy Policy (December 1998). A ten-year timeframe is envisaged for the liberalisation of the industry, allowing time for the black empowerment companies to consolidate their positions within the industry.
The Central Energy Fund Act (Act 38 of 1977) is enabling legislation in terms of which, inter alia, levies may be imposed on liquid fuels products for collection into of the Central Energy Fund and or the Equalisation Fund. These funds can be employed for dedicated energy purposes in a manner prescribed by the Act. In order to develop the piped gas industry and regulatory framework for the development of a competitive gas industry through granting of licenses for the transmission, storage, distribution and trading of piped gas and matters connected therewith the Gas Act (Act 48 of 2001) was promulgated.
There is a limited, albeit significant, use of renewable energy in South Africa. An urgent task is a quantitative "baseline" study to determine more precisely the quantum and nature of renewable energy currently in use, especially data on fuelwood which is highly unreliable. One obstacle to the development of renewables is the lack of information available to the consumer about renewable energy options. There is a need to provide comprehensive, independent and comparative information on renewable energy products and services to customers to support informed decision-making.
The successful penetration and uptake of renewable energy technologies into South Africa depends crucially on growing a market demand in the various energy sectors. However, at present public awareness of the existence of renewable energy or its economic, environmental and social benefits, is limited. It is therefore incumbent upon DME to devise a realistic information dissemination and training strategy to encourage and enable private/public sector renewable energy participation in the energy market (e.g. market rules for a liberalised energy market) thereby increasing the market penetration for renewable energy. This will be done through formal training and education, employing targeted information campaigns using the network of vehicles at its disposal (including integrated energy centres, regional offices, and provincial energy forums) and building upon existing projects to demonstrate the benefits to the public.
Government will facilitate and support information dissemination and training to encourage and enable private/public sector renewable energy participation in the energy market (e.g. market rules for a liberalised energy sector).
Strategic goals and supporting objectives are part of the enabling framework which supports Government's purpose in meeting its commitment to promoting renewable energy. Achieving this requires that the following four key strategic areas are addressed, i.e. financial instruments, legal instruments, technology development, and awareness raising, capacity building and education. In addition to the goals and objectives, associated deliverables have been identified.
To promote the implementation of sustainable renewable energy through the establishment of appropriate financial and fiscal instruments.
To ensure that an equitable level of national resources is invested in renewable energy technologies, given their potential and compared to investments in other energy supply options.
An analysis of the current financial framework and an identification of barriers to the implementation of renewable energy sources.
An investigation into appropriate financial (e.g., subsidies, and green certificates) and fiscal instruments/incentives (e.g. low interest loans and tax rebates) to stimulate the implementation of renewable energy technologies and practices.
Incentives and regulations for the promotion of thermally efficient housing in collaboration with the Department of Housing.
Clarify the role of the Central Energy Fund in financing the implementation of renewable energy initiatives. The Fund could be used for example to facilitate access to green financing, as well acting as a loan guarantor to reduce the risks for financing institutions.
Monitor and evaluate the effectiveness of financial incentive schemes.
An equitable electricity tariff structure that will be managed by the National Electricity Regulator that addresses the issue of cost of supply for the different renewable energy technologies, including capital replacement costs for non-domestic users.
Support a national "green" market survey to ascertain the willingness of customers (households and commerce) to pay a premium for "green" energy.
To develop, implement, maintain and continuously improve an effective legislative system to promote the implementation of renewable energy.
Appropriate regulations for grid-connection and wheeling of electricity generated from renewable energy.
Phasing in of regulations requiring power generator's tariffs to be based on full cost accounting and the incorporation of environmental externalities.
New legislation for the energy sector incorporating renewable energy and energy efficiency that provides equitable opportunities for their development.
Regulations for the petroleum industry to accommodate locally produced bio-diesel and ethanol.
Clear rights for property owners to capture solar radiation on their property without interference by other structures or vegetation on neighbouring properties.
Appropriate legal and regulatory instruments to stimulate the uptake of renewable energy power generation into the electricity system.
Mechanisms to increase the access of renewable energy to the national electricity grid.
To promote, enhance and develop technologies for the implementation of sustainable renewable energy.
To promote appropriate research, development and local manufacturing to strengthen renewable energy technologies and optimise their implementation.
Standards governing the design, installation and performance of renewable energy systems, together with a certification process to verify that systems meet these standards.
Revise Government tender procedures to include standards for renewable energy technologies.
Monitor ongoing research and development programmes and identify additional investigations and demonstration projects that would assist in the development and optimisation of renewable energy systems.
Identify appropriate public/private partnerships for the promotion of renewable energy technology development and implementation.
Identify and expand areas for international co-operation in the field of renewable energy.
Identification and enhancement of appropriate mechanisms to gain from technology and skills transfer and to benefit from international experience.
Cost-effective energy storage mechanisms investigated.
To raise public awareness of the benefits and opportunities of renewable energy.
To promote knowledge of renewable energy and thereby increase its use.
Development and dissemination of a "benefits case for renewable energy".
Development of standards for accrediting renewable energy training programmes that are registered by the South African Qualifications Authority.
Training programmes on renewable energy for stakeholders funded by the Energy Sector Education and Training Authority (ESETA).
Awareness raising and marketing campaigns aimed at all stakeholders.
Establishment of a renewable energy information centre or network of centres, possibly operated in conjunction with renewable energy demonstration centres, regional DME offices, regional ESETA offices and integrated energy centres established by Government.
The establishment of technology support centres within existing research and development institutes and proposed National Energy Research Institute would facilitate the promotion and ongoing development of technologies and would assist Government in the certification and approval of systems. One essential element in sustainable renewable energy generation will be technological development aimed at reducing costs and increasing efficiency.
By virtue of its size and economic importance, the energy sector periodically requires considerable investments in new supply capacity, which impacts on the economy. Integrated resource planning decisions around the world now consider not only maintaining security of supply but give full consideration to the economic, environmental and social impacts of all alternatives, such as demand-side management and energy efficiency programmes. This 'levelling of the playing fields' between conventional supply options and more environmentally benign alternatives (such as renewable energy) encourages a shift towards a more sustainable approach.
The current Integrated Energy Plan of the DME does not yet include a quantitative assessment of the cost of externalities but this is a gap that will be addressed. Lastly, the Integrated Energy Plan should adopt an integrated resource planning approach regarding the equitable financial treatment of the different energy sources commensurate with their potential.
There are several areas of overlap between Renewable Energy and Energy Efficiency that warrant a brief discussion.
Energy efficiency is a measure of the savings of energy, which is used to produce goods and services while maintaining the desired benefits. Expenditure on energy constitutes some 15% of South Africa's GDP. Therefore energy efficiency is an important facet of integrated energy planning. The two sectors with the greatest potential for energy efficiency/renewable energy interventions are the industrial and household sectors. Coal and electricity constitute the bulk of energy consumption in the industrial sector. Electricity and fuelwood dominate the household sector with coal, paraffin and LPG, also playing a substantial role. In both sectors these fuels are used primarily for thermal purposes; heating and processing.
The widespread installation of solar water heating in industrial and commercial buildings and houses has the potential to defer the need for building new power plants, as the combined heating requirements consume the energy produced by three average power stations. The main constraint on implementing a national solar water heating programme relates to cost, which is a function of the current small market and lack of economies of scale. This lack of demand in itself is due to low public awareness of the technology or its economic benefits. Thermally efficient housing - that is houses designed to save energy, can reduce household space heating requirements. The Department of Housing in collaboration with the Department of Minerals and Energy, has developed appropriate guidelines for the construction of thermally designed housing incorporating passive solar design.
Energy efficient lighting (compact fluorescent lights).
Raising awareness regarding the economic benefits of energy efficiency and renewable energy is an important step in increasing the market demand for these technologies. The development of an information strategy for both energy efficiency and renewable energy is therefore an immediate short-term priority.
Government housing subsidies will require thermally efficient house designs.
Energy efficient standards for electrical appliances will be developed and appliance labelling enforced.
The phenomenon of climate change has only comparatively recently received attention in the energy sector. The lack of infrastructure and inadequate living conditions in many areas of South Africa has meant that millions of people are routinely exposed to fuels which emit several noxious gases and particulates which can be deadly. National statistics show that Acute Respiratory Illness, associated with exposure to particulates, is the second highest cause of mortality in children under the age of five.
The costs to society of health care for such victims is difficult to determine but estimates are shown in the table below.
Table 8: Valuation estimates for the annual mortality and morbidity burden of household coal pollution (Qase et al, 2001) in millions of Rands.
Asthma attack 6.45 6.82 15.15 16.01 63.96 67.
Acute Bronchitis 120.62 127.50 241.24 254.99 361.00 381.
Chronic Bronchitis 38.29 40.47 103.65 109.56 197.48 208.
Outpatient/GP visit 0.14 0.15 0.28 0.30 0.56 0.
Mortality 11.22 11.86 28.61 30.24 63.96 67.
Respiratory. symptom day 3.37 3.56 10.52 11.12 20.06 21.
Respiratory hospital adm. 0.14 0.15 0.42 0.44 0.84 0.
Restricted activity 11.64 12.30 31.00 32.77 60.59 64.
Total 191.87 202.81 430.86 455.43 769.44 813.
Blignaut and King, 2002, stated that the environment and society are subsidising the coal combusting industries on average by an amount more than the private cost of coal.
The medium term priorities of the White Paper on Energy Policy include the mitigation of the negative environmental and health effects of air pollution from coal and fuelwood use in household environments.
The DME is spearheading the implementation of the concept of "Energisation" in the rural areas in conjunction with the rural electrification programme in order to address the energy needs of communities in a sustainable and consistent manner. An electrification programme, particularly if it has a strong non-grid component, has to form part of a holistic approach to energy provision, if it is to succeed.
(e.g. paraffin, LPG). In order to provide affordable access and to attract the market and banking sector to service communities with a package of energy services (photovoltaic systems, paraffin, LPG, and renewable alternatives such as gel fuel and solar cookers) sustainable, effective and efficient micro-credit schemes and other financial support mechanisms have to be developed and implemented. The services will be available locally through a chain of integrated energy centres and 'one-stop' energy shops to increase ready access and cut down on transport costs to distant towns. This will also lessen the dependency on fuelwood and contribute to environmental conservation. It is intended that ready access and lower prices will shift demand towards cleaner, more efficient fuels and technologies.
Government is setting up Integrated Energy Centres in cooperation with stakeholders. Like the energisation concept, the Government will be seeking to bring energy services (fuels and appliances) to the disadvantaged communities as well as to address health, environmental, economic and other needs. The integrated energy centres encourage the development of cooperatives, and thereby enhance economic development activities. The energy centres link energy needs with other needs; health, job creation, environment and tourism. As such they will require co-ordination with the Integrated Development Plans of provincial and local authorities.
Energy plays an important role in the lives of all people who use different kinds of energy for various purposes. However the disparities in modern energy service provision brought about by lack of access to infrastructure impacts largely on poor urban and rural people. In the rural areas women are the main users of fuelwood for meeting household energy needs but also bear the burden of collecting fuelwood. Woodlands have been depleted in many areas and in others they are under heavy pressure. Here women have to walk even longer distances.
Conventional energy approaches virtually exclude women's concerns. Consequently economic growth has been accompanied by severe gender disparities. In South Africa 80% of rural households are female-headed. These households typically cook daily with fuelwood and crop residues while urban women, especially on the Highveld, use untreated coal. Since entrepreneurial home-based industries depend on biomass supplies, women spend long hours working in survival activities - cooking, fuelwood collection, water carrying and food processing. The time spent in these activities represents a high social and economic cost to the family and society, where access to affordable, safe and sustainable fuels is limited. Providing access to alternative fuels or to efficient stoves would improve this situation as well as mitigate the indoor air pollution associated with the use of fuelwood.
Sustainable energy development could have a positive impact for women. But this can only be realised when women's concerns are properly reflected in energy policy-making and there is more emphasis on end-users.
Assisting women to develop entrepreneurial skills through productive uses of renewable energy technologies.
Among the energy sector stakeholders women are poorly represented and this calls for training and skill development among women. Career guidance should be offered at schools to encourage more young women and men to acquire appropriate skills.
Since the White Paper on Energy Policy was published in 1998 great strides have been made in empowering historically disadvantaged South Africans (empowerment) in order to redress historical racial and gender imbalances in employment.
The emergence of a Renewable Energy Industry provides potential for empowerment and job creation. This is particularly so in the liquid fuels sector. The reduction in the Fuel Levy by 30% on bio-diesel in 2002 creates opportunities for empowerment in bio-fuels where small farmers' co-ops, and entrepreneurs could grow and refine energy crops to produce bio-diesel and ethanol. This will go hand-in-hand with Government initiatives to mitigate the impact of oil prices on South Africa's economy. Insofar as Government provides subsidies or other specific support to a renewable energy project, it will be in a position to specify a measure of empowerment in such projects.
Renewable energy projects that receive Government assistance will be required to incorporate empowerment.
The job creation potential of the renewable energy industry lays not so much in the operation and maintenance of such facilities, but rather in the manufacture of such technologies. This can be observed in countries where renewable energy industries have been promoted. In such examples it can be seen that, providing there is local manufacture of renewable technologies, the amount of jobs as a function of units of energy produced is much higher compared to conventional energy technologies. The manufacture of renewable technologies is more labour-intensive than conventional energy technologies and requires an appreciable labour force for manufacturing as can be seen from Table 9.
However, in order to make local manufacture viable, economies of scale, that is significant demand, will be required. Since significant levels of demand will be partly a function of Government support, and since in the short-term at least, South Africa will face many pressing demands, employment expectations should not be unduly raised.
Table 9.
Coal fired power plant 6 200 13.
Wind-generated electricity 14 200 10.
Biomass-derived electricity 17.0-22.
Hydro-derived electricity 4.0 8 a Source: l. Munksgaard, J RahbÃ¦k Pedersen. T. Jensen Societal benefits of wind turbines, part 3 Employment and balance of payment.
b Source: 1994 New York State Energy Plan, Volume III: Supply Assessments, Table 57, p. 612.
d Source: Scheer (1993), p. 110.
In order to equip the work force, the Energy Sector Education Training Authority (ESETA) is mandated to ensure, in consultation with the renewable energy industry, that appropriate, nationally recognised, renewable energy training and education unit standards and curricula are developed and registered with the South African Qualifications Authority (SAQA). This will equip artisans and technicians with the necessary skills to undertake the design, installation, operation and maintenance of renewable energy technologies and appliances and this provide a new career path. The benefit to the industry is having access to qualified artisans and technicians.
The SADC Trade Protocol is one of the cornerstones of the SADC regional integration process. It envisages the creation of a Free Trade Area within eight years of entry into force. (DFA, 2001). This has export market implications for the local manufacture of renewable energy technologies. At present such technologies include photovoltaic systems, solar water heaters, small wind turbines and so on. The photovoltaic systems also include 'balance of systems' -inverters, regulators and batteries. Biomass conversion technologies, from fuelefficient woodstoves, biogas digesters, bagasse and wood pulp power plants are all produced locally and have export potential. In the short-term solar cookers also may be mass-produced locally and have an export market in Africa.
In the medium-term full-scale wind turbines could be locally produced (as in India, which has the fourth largest power generation from wind, where 14 manufacturers export their products to Asia and Africa). For remote areas an industry in hybrid systems and micro-hydro for either stand-alone applications or mini-grids waits to be developed.
In the long term solar thermal power plants and turbines could be produced locally if the results from the first demonstration plant runs successfully in 2003.
It is envisaged that with the launch of the African Union and the New Partnership for African Development (NEPAD) in 2002, the African Continent will harness its natural resources and share information and technologies regarding renewable energy.
The Constitution requires that the legislative and executive authority of different spheres of Government operate within a framework of cooperative governance.
The Department of Minerals and Energy will take overall responsibility for renewable energy policy coordination in South Africa, working closely with the relevant Government Departments and institutions.
The Department will work with the relevant Government Departments to establish the appropriate enabling environment to ensure that activities undertaken by other stakeholders are coordinated, uniform and effective. Furthermore, the Department intends to facilitate the implementation of this policy in cooperation with other key national departments including the Departments of Environmental Affairs and Tourism, National Treasury, Trade and Industry, Arts, Science and Technology, Housing, Provincial and Local Government, Water Affairs and Forestry, Agriculture and Transport.
An underlying principle in allocating governance functions is the devolution of responsibility to the most appropriate sphere of Government. Where the allocated sphere of Government does not have the resources or capability, the next higher sphere of Government will execute the function, where possible.
Promote capacity building and empowerment.
National Electricity Regulator: All electricity utilities are subject to regulation by the National Electricity Regulator (NER). Furthermore, the NER advises the Minister of Minerals and Energy on any matter relating to the electricity supply industry.
Regulate quality of supply and mediate disputes and customer complaints.
South African Bureau of Standards (SABS): The mandate of the SABS is to provide for the promotion and maintenance of standardisation and quality in connection with commodities and the rendering of services.
Issuing of a mark of approval or certification of quality for the above, and the enforcement of compliance of specifications to ensure that these are met.
SABS will have an important role to play in determining standards for a range of items such as fuel specifications, housing (solar passive design), solar water heaters etc.
Central Energy Fund: In terms of the Central Energy Fund Act (1977), CEF is mandated to engage in the acquisition, exploitation, generation, manufacture, marketing and distribution of energy and to engage in research relating to the energy sector. The key focus area of the CEF is aimed at contributing to the development of South Africa's energy sector by contributing to the universal access to energy, including the increased use of renewable energy. The CEF also renders operational support to the energy sector in the form of treasury services, including the raising of funds both locally and internationally. Mechanisms will be investigated to extend the operational support available from the Central Energy Fund to renewable energy programmes.
Partnerships: The Department of Minerals and Energy will promote a partnership approach and an integrated focus for national renewable energy initiatives. Key stakeholders in these partnerships will include: the renewable energy industry, industry in general, electricity utilities, independent power producers, provincial Governments and local Governments (as provided for in the Constitution), state owned enterprises and institutions, communities, non-Governmental organisations and consumer forums.
The main aim of this White Paper is to create the conditions for the development and commercial implementation of renewable technologies. Government will use a phased, managed and partnership approach to renewable energy projects that are well conceived and show the potential to provide acceptable social, environmental and financial returns for all investors and stakeholders. This will lessen the strain on fiscal resources and hold greater potential for successful implementation. The focus will be on delivery. An appropriate enabling environment towards full commerciality will nurture the technologies that are proven to best meet Government's policy objectives. Through this policy document Government is venturing into an entirely new area.
Progress towards meeting the targets, objectives and deliverables of the White Paper will be evaluated mid-term, after five years, to see if these are being achieved and to determine whether the policy direction remains appropriate. The White Paper may be revised in the light of progress made. Sustainable development criteria - economy, environment and social priorities - will continue to guide strategy in a balanced way for the longer-term. At the same time, Government will monitor worldwide technological developments in renewable energy with a view to identifying technologies that may be particularly appropriate to the South African situation in the long-term, making the best use of partnerships where possible, both locally and internationally.
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ISRDS, 2000 Integrated Rural Development Strategy, November 2000 http://www.gov.za/reports/2000/isrds.pdf National Environmental Management Act. 1998. Government of South Africa. NER, 2000 Electricity Supply Statistics for 1999, National Electricity Regulator, Pretoria. Qase N., Lloyd P.J.D. and van Zyl H. Intervention potential for low-smoke fuels in the coal distribution chain. DME Final Report, 88 pp. March 2001.
Shell, 2001 1997. Shell International Renewables - Bringing Together the Group's Activities in Solar Power, Biomass and Forestry, www.shell.com.
University of Pretoria, 1996.
UK, DTI, 1999. Estimates of Renewable Sources of Energy are to Meet World Energy Consumption, www.dti.gov.uk/.
Nations Department of Economic and Social Affairs, World Energy Council World Energy Assessment.
Wienese, 1999. Co-generation in the South African Sugar Industry.
2001 Bulk Renewable Energy Independent Power Producers in South Africa, January 2001.
<fn>GOV-ZA.261En.2012-02-10.en.txt</fn>
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<fn>GOV-ZA.2623En.2012-02-10.en.txt</fn>
Regulations for the conduct, administration and management of assessment for the Senior Certificate, published by means of Government Notice No.1044 in Government Gazette No.
Government Notices No. 827 and 830 in Government Gazette, No.
Government Notices No. 1151 and 1152 in Government Gazette, No.31535 of 31 October 2008.
CHAPTER 1: DEFINITIONS, OBJECTIVES, SCOPE AND APPLICATION 1 1. Definitions 1 2.
CHAPTER 2: EXAMINATIONS BOARD 7 3. Appointment of the Examinations Board 7 4. Composition of the Examinations Board 7 5. Functions of the Examinations Board 8 6. Terms of Office 9 7. Appointment of Chairperson 9 8. Termination of Membership 9 9. Vacancies of Members 10 10. Frequency of Meetings 10 11. Quorum for a Meeting 10 12.
CHAPTER 3: PREPARATION FOR THE EXAMINATION PROCESS 12 14. Examination Cycle 12 15. Security and Confidentiality 12 16. Appointment of Examiners 13 17. Functions of the Internal Examiners and Moderators 16 18. Process of Setting Question Papers 16 19. Editing, Translation and Approval of Question Papers for Printing 18 20. Registration of Examination Centres 19 21. Registration of candidates 21 22.
CHAPTER 4: INTERNAL ASSESSMENT/CONTINUOUS ASSESSMENT (CASS) 24 23. Requirements for Internal Assessment marks for the Senior Certificate 24 24. Administration Requirements for Internal Assessment 25 25. Completion of mark Sheets for Internal Assessment 25 26.
CHAPTER 5: CONDUCT OF EXAMINATIONS 28 27.
Role and Responsibilities of the Chief Invigilator 29 29. Roles and Responsibilities of the Invigilator 30 30. Entry into the Examination Room 33 31 Instruction to Candidates 33 32.
CHAPTER 6: MARKING PROCESS 38 33. Marking Centres 38 34. Appointment of Markers 39 35. Duties of the Marker, Chief marker and Senior Marker 40 36. Marking Procedure 41 37.
CHAPTER 7:STANDARDISATION, PROCESSING AND RELEASE OF RESULTS 42 38. Minimum Requirements for a Computer System 42 39. Processing of Marks 42 40.
CHAPTER 8: RE-MARKING, RE-CHECKING AND VIEWING OF EXAMINATION SCRIPTS 44 42. Fees 44 43. Re-checking and Re-marking of Examination Scripts 44 44. Viewing of Scripts 45 45.
CHAPTER 10: EXAMINATION DATA 50 47. Accessibility of Examination Information 50 48.
CHAPTER 11: EXAMINATION/ASSESSMENT IRREGULARITIES 52 49. Categorisation of Examination/Assessment Irregularities 52 50. Assessment Irregularities that occur during the Internal Assessment Process 52 51. Irregularities that may occur during the Planning and Preparatory Phase of External Examination 54 52.
Sanctions 70 65.
Reporting of Irregularities 71 67. Internal Reporting 71 68.
CHAPTER 13: THE NATIONAL EXAMINATION IRREGULARITIES COMMITTEE (NEIC) 72 69. The National Examination Irregularities Committee (NEIC) 72 73. The Provincial Examinations Irregularities Committee (PEIC) 76 74. Private Examinations Irregularities Committee 76 78. School Assessment Irregularities Committee 79 79.
In these regulations, any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned to it, unless the context indicates otherwise.
"Administrative errors or omissions" mean irregularities that are of a technical nature, where the candidate or an examination official unintentionally fails to follow the prescribed administrative procedure.
"Assessment Body" means a body as contemplated in section 1 of the General and Further Education and Training Quality Assurance Act (No.
Any action connected therewith.
"Chief Executive Officer" means the Chief Executive Officer contemplated in section 11 of the General and Further Education and Training Quality Assurance Act (No.
"Educator portfolio" means the full and final record of all the tasks that must be presented by the learner in his or her portfolio for a particular subject, for the assessment in the Senior Certificate.
"Head of Department" means the Head of Department contemplated in section 1 of the South African Schools Act (No.
"Hearing" takes place after all the appropriate evidence has been assembled and the main purpose of a hearing is to allow the individual implicated by the alleged assessment irregularity to provide a response to the allegations made.
"Internal assessment" means the assessment contemplated in section 1 of the General and Further Education and Training Quality Assurance Act (No.
"Investigation" encompasses all activities relating to the collection of evidence in respect of the reported irregularity. This may include interviews or submission of written reports from various examination officials, candidates or any other person that may assist in providing information on the reported irregularity.
"Learner" means a learner contemplated in section 1 of South African Schools Act (No.
"Moderation" means the moderation contemplated in section 1 of the General and Further Education and Training Quality Assurance Act (No.
Personnel Administration Measures is the policy document that outlines and governs the remuneration and other service conditions of educators employed in terms of the Employment of Educators Act (No.
"PEIC" means the Provincial Examinations Irregularities Committee established by the provincial assessment body to investigate, conduct hearings regarding Internal and external assessment irregularities and make recommendations to the Head of Department.
"Provider" means a body as contemplated in section 1 of the General and Further Education and Training Quality Assurance Act (No.
"Subject grade" means the level or degree of complexity at which a particular subject is offered for the Senior Certificate.
"Umalusi" means the Council for Quality Assurance in General and Further Education and Training, established in terms of the General and Further Education and Training Quality Assurance Act (No.
The purpose of these regulations is to control the management of the Senior Certificate examination and assessment process.
These Regulations apply to both public and private assessment bodies.
The MEC may establish an Examinations Board to advise him or her on all matters relating to examinations and assessment of the Senior Certificate.
Private assessment bodies may establish an Examinations Board to advise them on matters relating to examinations and assessment of the Senior Certificate.
Private assessment bodies.
The MEC must invite, consider and appoint members from the nominations received from the above stakeholders.
Private assessment bodies must determine the composition of the Examinations Board and appoint its members.
The Minister may appoint additional members, with observer status, to serve on the Examinations Board of the private assessment bodies.
Advise on policy and related matters in the Senior Certificate, as it relates to the assessment body.
Advises the Head of Department on matters relating to examinations and assessment.
Deal with all examinations and assessment matters referred to it by the Head of Department, as the case may be.
The Examinations Board will be accountable to the Head of Department for the execution of its functions.
The Examinations Board may establish an Executive Committee to deal with special matters referred to it by the Examinations Board.
The Director-General or his or her nominee, must convene a minimum of two meetings annually with the Chairpersons of the Examinations Board to discuss matters that would enhance the credibility of the Senior Certificate examinations.
Members of the Examinations Board, who are bound by an obligation of confidentiality, should hold office for a period not exceeding three years and a member may be reappointed when his or her term of office expires.
The MEC must appoint the Chairperson and Deputy Chairperson.
The Board members must elect other members of the Executive from among themselves.
The Chairperson must appoint a Secretary to the Board.
If members are unable to attend a meeting, a written apology must be sent to the Secretary of the meeting prior to the scheduled meeting.
In the event of a member being absent from two consecutive meetings of the Examinations Board without an apology or an acceptable reason, his or her membership must forthwith be terminated and the member must be advised accordingly.
The Chairperson must make a recommendation to the Head of Department relating to the termination of membership of a member on account of incompetence or misconduct.
The MEC must terminate the membership of a member of the Examinations Board on the request of such a member or the stakeholder represented by the member.
All resignations must be submitted in writing to the MEC.
If a vacancy arises on the Examinations Board, the MEC must fill such a vacancy on the basis of nominations received for the specific category, in which the vacancy exists.
The Examinations Board should meet as often as circumstances require, but hold a minimum of two ordinary meetings annually. Permission for fewer meetings should be obtained from the Head of Department.
A minimum of 50% of the membership constitutes the quorum.
The quorum must be applicable with respect to ad hoc committees and working groups.
Conventional procedures for a meeting must apply in meetings of the Examinations Board, ad hoc committees and working groups.
The Secretary of the Examinations Board must give notice 14 days prior to the meeting and keep a record of the names of members attending the meeting.
Ordinary meeting agenda items must be requested by the Secretary in writing 30 days before a meeting and received within ten days thereafter, except for urgent matters which may be included on the agenda at the meeting, provided that no member registers an objection.
For special meetings, notice of seven days is required, specifying the agenda for an Examinations Board meeting, which must be the sole agenda item for the meeting.
No decision of the Examination Board may be changed or recalled except by a two-thirds majority of members present or except where this is rendered unavoidable.
In instances where members cannot attend a meeting, comments and views on issues to be deliberated must be made known in advance and in writing to the Secretary. Apologies for absence must reach the secretary at least one week before a meeting is scheduled to enable him or her to decide on a possible postponement of the meeting.
The Secretary must circulate copies of minutes and other documentation as may be applicable to each member within one month after every Examinations Board meeting.
The Secretary must furnish all minutes, correspondence or other documents relating to the activities or functioning of the Examinations Board to the section responsible for assessment and examination for safe record keeping.
By the end of August of every calendar year, the Examinations Board must determine the financial implications of its activities for the next financial year and submit this information to the section responsible for assessment and examination before the end of September of that calendar year.
The assessment body may reimburse Examinations Board members who are not employed by government for legitimate subsistence and travel expenses in accordance with government tariff guidelines.
The assessment body must develop a management plan in respect of the entire examination cycle.
The examination cycle commences with the appointment of Examiners and Internal Moderators to set and moderate the question papers for the scheduled examination and concludes with the release of the examination results.
Planning and preparations for the conduct of external examinations must commence at least 24 months prior to the scheduled examination date.
All processes must be concluded at least six months prior to the commencement of the external examination.
The Department of Education will monitor the entire examination cycle to ensure system readiness to deliver a credible examination.
The assessment body must ensure the security and confidentiality of the assessment process.
Examination officials must disclose any information regarding the participation of their children or relatives in the examination.
Examination officials involved in the assessment process must sign a Contract of Confidentiality.
an Internal Moderator who takes final responsibility in ensuring the standard and quality of the paper, before it is submitted to the External Moderator.
In the appointment of Examiners and Internal Moderators for provincially set question papers, an advertisement in a provincial newspaper and an Internal circular, should invite educators in the employ of the provincial education department or other educators in the province to apply for appointment.
In the appointment of Examiners and Internal Moderators for nationally set question papers, an advertisement in a national newspaper should invite educators to apply for appointment.
one external Moderator from Umalusi; and one representative from each of the recognised educator labour unions, who will serve as observers.
assessment and examination officials from the provincial education department as determined by the Head of Department; and one representative from each of the recognised educator labour unions who will serve as observers.
The selection panel will make their selection on the basis of curriculum vitae or other written submissions and interviews may be conducted where necessary.
the Personnel Administrative Measures, and any other additional criteria as determined and approved by HEDCOM.
The list of persons recommended for appointment by the selection panel must be submitted to the Director-General in the case of nationally set question papers or the Head of Department or his or her nominee, in the case of provincially set question papers, within 14 days of finalisation, for formal approval and appointment.
The private assessment body must appoint Examiners and Internal Moderators in accordance with criteria and processes approved by the Examinations Board.
The Director-General or the Head of the Department or his or her nominee will make the final decision with regard to the appointment of Internal Moderators and Examiners.
Successful applicants must be informed in writing and be required to sign a written undertaking of confidentiality with the Department of Education or provincial education department.
Internal Moderators and Examiners should be appointed for a minimum period of two years and a maximum of four years.
12 Letters of appointment for both Internal Moderators and Examiners must clearly indicate the period of appointment.
The Internal Moderator or Examiner must, for the period of appointment and subject to the appropriate provisions, be responsible for the question paper for which he or she has been appointed.
An Internal Moderator should be appointed for each question paper at every level for which the subject is presented and this does not preclude two question papers from being moderated by the same Internal Moderator.
There is no requirement that an Internal Moderator must always be appointed from the ranks of serving educators.
A person serving as Internal Moderator or Examiner on a National Examination Panel may be considered for appointment as either Internal Moderator or Examiner for a question paper written under the auspices of the Assessment Body.
Where an Examiner or Internal Moderator becomes unavailable and adequate time is not available for the prescribed appointment procedure to be followed, a replacement may be appointed from the list of recommendations made to the Director-General or Heads of Department or Head of private assessment body, taking the individual next in the rank order.
The assessment body must terminate the appointment of an Examiner or Internal Moderator, if he or she does not comply with the conditions under which he or she has been appointed. The termination must not compromise the examination process.
All officials involved in the Senior Certificate examination must be required by the assessment body to sign a Contract of Confidentiality.
Drafting of additional question papers.
Drafting of memoranda of the question papers contemplated in (a) and (b).
Submit a report to the External Moderator.
Internal Moderators and Examiners must comply with all instructions issued by assessment bodies.
Any other requirement that it may deem necessary.
Assessment bodies must ascertain that Internal Moderators and Examiners perform their functions.
The assessment bodies must comply with the changes recommended by the Internal Moderator.
An assessment body must mediate and make a decision if there is a disagreement between an Internal Moderator and an Examiner.
If there is a dispute between an Internal Moderator and an External Moderator, the assessment body and Umalusi must mediate an agreement, failing which the decision of the Chief Executive Officer of Umalusi will be final.
The assessment bodies must comply with the requirements of Umalusi regarding the moderation of Senior Certificate examination question papers.
Changes effected by the External Moderator must be communicated in writing and these changes must be complied with.
ensure that the transfer of question papers from one official to another is carefully checked and controlled; and report any irregularities discovered during the setting of question papers to Umalusi and the Department of Education.
The assessment body must inform educators and learners about any changes in the format of the question paper.
A senior examination official must supervise the typing of all examination-related material in a secure area.
Competent language practitioners must edit and translate all question papers.
The Internal Moderator must do the final editing.
The Internal Moderator must sign to certify that he or she is satisfied that the question paper is ready for printing.
The Examiner, Internal Moderator and External Moderator are jointly responsible for the accuracy, quality and standard of the question paper.
A senior official must supervise the printing and approve the quality and standard of the printed question paper, regardless of whether the printing is done in-house or outsourced.
All public schools must be audited by the section responsible for examinations and assessment in the provincial department of education, to ensure that the public school has the appropriate facilities to serve as an examination centre.
Private providers wishing to write the examination of a private assessment body must register with the private assessment body as an examination centre in accordance with the requirements of the private assessment body.
Private providers wishing to write the Senior Certificate examination of the provincial education department must apply for registration as a private examination centre in October of the year preceding the examination.
The assessment body must make available a prescribed form for application of the registration of a private examination centre.
Private providers writing the Senior Certificate examination of the provincial education department must complete a Service Contract with the provincial education department before 15 March of the year in which the examination is to be written.
A registered examination centre may not establish a subsidiary or satellite centre.
Prisons must register as examination centres, if examinations are conducted at the prison.
Private providers, including distance education providers, may request the provincial education departments to accommodate their private candidates for the examination, if need be.
The maximum number of candidates at an examination centre may not exceed 500, except with the approval of the Head of Department.
Availability of the necessary equipment and facilities required for the proper assessment of all learners with special needs who are registered at that particular centre.
The assessment body must issue a centre number if the application for registration is successful.
The assessment body must review the registration of private centres at least once in three years.
Examination centre no longer complying with the criteria in sub-regulation (10).
The assessment body may take over the administration of the conduct of the examination at the private centre if, after an investigation, there is evidence that the examination may have been compromised.
Each examination body must determine the format of the registration form and the procedure for registration.
A candidate may sit for the May/June 2008 examination as a supplementary examination, subject to the conditions stipulated in regulation 46.
In 2009, 2010 and 2011 learners will register as part-time candidates.
In the case of a learner relocating to another province, after he or she has registered for the examination, the assessment bodies concerned may agree on the transfer of a candidate from one assessment body to the other, taking into account the time available before such an examination.
A part-time candidate may register for one or more subjects in a particular examination.
If a candidate has enrolled for full-time tuition and registered for a minimum of six subjects, such a candidate must be registered as a full-time candidate.
Non-registered candidates will not be internally assessed or allowed to sit for the final examination.
However, if the non-registration of candidates is due to an error or omission by a examination official, the learner must be allowed to sit for the final examination.
A full-time candidate may not register as a part-time candidate at another assessment body or another centre, for the same examination sitting, except in exceptional cases, where approval must be granted by the Head of Department or his or her nominee.
If the additional subject is not presented at the centre of registration, the candidate must obtain the approval of the head of the centre of registration and the other institution or assessment body to offer the subject.
A candidate registered for an additional subject must sit for the final examination at the centre of registration. Where this cannot be done special permission must be obtained from the Head of Examinations.
Candidates that are suspended from an examination due to an irregularity should not be allowed to register for the Senior Certificate examination with any of the assessment bodies, until such time that the suspension has lapsed.
A candidate registered for the Senior Certificate examination may apply in writing to the Head of Department, for permission to write the external examination outside the country.
A candidate who represents the country in a recognised and registered sports or cultural event.
Only South African Diplomatic Missions or centres approved by the relevant assessment bodies may be examination centres.
The candidate must bear all additional costs of the assessment.
Only candidates already registered for the Senior Certificate examination may be considered for this concession.
All examinations written outside the country must conform to the South African time, i.e. they must be written at the same time as the paper in South Africa.
The final promotion mark for full-time candidates registered for a Senior Certificate must include an Internal assessment mark.
The assessment body must ensure that all Internal assessments are conducted in terms of the provisions of these regulations.
Full-time candidates must comply with all the requirements of Internal assessment, regardless of the subject or grade.
Full-time candidates who register for more than six subjects must comply with all the requirements relating to internal assessment. This also applies to candidates that may offer an additional subject or subjects at another institution.
The internal assessment mark in respect of the final promotion mark must count 25%.
For subjects with a practical component, the internal assessment mark must, where applicable, also include a practical assessment counting 25% or any other percentage as determined in the syllabus.
Umalusi may issue directives for internal assessment as stipulated in section 17(1) of the General and Further Education and Training Quality Assurance Act (No. 58 of 2001).
A learner must comply with the full requirements of the internal assessment in order to be awarded a final internal assessment mark. Exceptional cases will be dealt with in terms of the Umalusi directives.
A learner who does not comply with the full requirements of internal assessment, and does not submit a valid reason for such non-compliance, cannot be awarded a Senior Certificate even though he or she satisfies all other requirements of the certificate and he or she must be designated as "incomplete" on the computer system.
In the case of a learner not being able to comply with the requirements of internal assessment and valid reasons are provided, he or she must be granted another opportunity to be assessed in the assigned tasks. In such a case a learner will be granted three calendar weeks, from the date on which the concession is granted, to submit outstanding work or present himself or herself for the internal assessment.
A teacher must complete mark sheets in black or blue ink.
The teacher and the principal or Head of Institution and an appointed Moderator must write their names and sign the mark sheets.
The stamp of the school or institution must appear on the mark sheet.
The teacher must allocate a mark to every learner on the mark sheet.
The principal must submit the completed mark sheets according to the prescriptions of the assessment body.
The assessment body must enter an appropriate code for learners whose practical component marks are missing.
The principal or Head of the Institution must report to the assessment body, all cases where learners do not appear on the official mark sheets.
The teacher must complete handwritten mark sheets accompanied by suitable written explanations, for all the learners contemplated in sub-regulation (7).
A teacher may indicate an outstanding practical or internal assessment mark with a "777" mark until the learner presents himself or herself for the internal assessment or practical mark.
A teacher may indicate with a "999" on the mark sheet, if a learner has registered for the wrong subject or grade.
Despite sub-regulation (10), the teacher must write a report explaining the reasons for the incorrect entry, which must be accompanied by a handwritten mark sheet.
A teacher may indicate with a "999" in a mark sheet, if the candidate leaves the system after registration.
The teacher must convert a "777" mark to a "999" mark if a candidate does not present himself or herself for internal assessment within the prescribed period, prior to the submission of the internal assessment mark sheet to the examination section of the assessment body.
A "777" converted to a "999" implies that the learner must re-register for that subject in the following examination.
Each assessment body must have a policy that clearly stipulates how internal moderation will be implemented at school, district/region and provincial level.
The internal moderation policy of the assessment body must be approved by Umalusi, the Council for Quality Assurance in General and Further Education and Training.
The internal assessment marks for the Senior Certificate must be subjected to the quality assurance processes of Umalusi before they are combined with the examination mark.
The assessment body reserves the right to appoint any competent school or officebased educator as a Chief Invigilator, should the principal or Head of Institution be found not to be capable of upholding the integrity of the external examinations.
The Chief Invigilator must appoint Invigilators in accordance with the requirements of the assessment body.
The Chief Invigilator may delegate his or her duties in writing to his or her deputy if he or she is absent, and inform the district or regional office accordingly.
The Chief Invigilator must appoint educators as Invigilators, in writing, before the Senior Certificate examination begins and provide the head of examinations, district or regional office with a copy of the invigilation roster.
The assessment body may appoint private invigilators, including the Chief Invigilator, where necessary.
In cases where the assessment body appoints private Chief Invigilators and Invigilators, the principal or the Head of the Institution is still finally accountable for the conduct of the examinations at that centre, except where the principal has been relieved of his or her examination responsibilities by the Head of Department or his or her nominee.
The Chief Invigilator must have a thorough knowledge of the procedures, rules and regulations regarding the examinations.
The Chief Invigilator must train the Invigilators before the Senior Certificate examination begins.
One Invigilator must be appointed for every 30 candidates writing the examination.
61 - 90 candidates = 3 invigilators, etc.
The Chief Invigilator is responsible for the management of the entire examination.
The Chief Invigilator must appoint relief invigilators.
draw up a seating plan, indicating the exact seating of candidates in the examination room.
ensure that candidates are informed timeously of any equipment required for the writing of a question paper; and assist in relief invigilation.
ensure that the times specified in the examination timetable are adhered to; and ensure that the candidates answer the question paper in the language of instruction, unless stated otherwise in the question paper.
The Invigilator may not provide candidates with an extra answer book for rough work.
The Invigilator must collect all used and unused answer books including spoiled answer books that are left on the desk or table by a candidate.
The Invigilator may not issue a second answer book unless he or she is satisfied that the first one is full.
The Invigilator must collect all material belonging to the institution, used by the candidate in the examination, at the end of the examination.
refrain from explaining any question to a candidate; and switch off his or her cell phone.
allow candidates to violate the rules and regulations of the examination; ismoke in the examination room; and carry a dangerous weapon in the examination room.
Only a candidate registered for the specific question paper, the Invigilator, Chief Invigilator or an authorised representative of the assessment body, officials of the Department of Education or Umalusi may be present during an examination.
An Examiner appointed by the assessment body to conduct an oral examination, a reader or a scribe may be present in the examination room but only for the period necessary for him or her to perform his or her duties.
any written material, e.g.
programmable calculators; or any electronic receiver or transmission devices, e.g. cell phones.
If a candidate does not obey these instructions, he or she may render himself or herself liable for suspension from this and future examinations.
It is the responsibility of the Department of Education to develop and implement a monitoring policy.
The Director-General must ensure compliance with the national monitoring policy, which assessment bodies may adapt with the approval of the Head of Department.
Umalusi will verify the monitoring system and ensure that the outcome of the system is valid.
All assessment bodies must establish appropriate structures and processes to monitor the examination cycle.
The examinations will be monitored to ensure that they are conducted in accordance with the regulations and policies applicable to the examination.
The monitoring must cover all stages of the examination, commencing with the preparatory phase and concluding with the release of the results.
The assessment body must determine the composition of the monitoring team, which may include representatives from outside the provincial education department so as to ensure the credibility of the monitoring team.
Return of scripts.
The marking process should also be closely monitored. The monitoring team should visit the marking centres to observe the marking process and to ensure compliance with the relevant policy and regulations.
The monitoring team must report to the assessment body during the writing of the examinations, on a prescribed format, at least once a week.
The assessment body must also monitor the implementation of Internal assessment at school level.
Umalusi may request the assessment body to submit a report regarding the monitoring of the Senior Certificate examinations.
An assessment body must develop guidelines for the establishment and management of marking centres.
The Department of Education must ensure a common national standard for the marking processes.
Information Communication Technology facilities, if required.
Centre Managers must be appointed from amongst senior officials in the unit responsible for examinations and assessment.
Markers for the public assessment bodies must be appointed in terms of the Personnel Administration Measures; and any other additional criteria as determined and approved by HEDCOM.
Markers for the private assessment bodies must be appointed in terms of criteria and processes approved by the Examinations Board.
All selection panels of markers should be chaired by the relevant Head of Examinations or his or her nominee.
The process of appointing markers must commence at least six months prior to the commencement of the specific marking session.
The information on the application for marking must be verified by the district manager, a designated official or a sworn affidavit.
The assessment body must select additional markers for a reserve list, to provide for the case of appointed markers failing to report for duty.
Markers, Senior Markers and Chief Markers must be appointed annually.
Markers, Senior Markers and Chief Markers, who are outside the employ of the Department of Education, may be appointed at the discretion of the Head of Department, in exceptional cases.
Compile a report on marking as required by the assessment body.
Report all alleged irregularities identified during the marking process to the Chief Marker.
Identify and report all alleged irregularities identified during the marking process to the Senior or Chief Marker.
Marking may commence in one or selected subjects while the rest of the examination is still in progress or at the end of the examination.
The Markers may mark all the questions in the answer script or only the questions allocated to him or her, as instructed by the chief marker.
If a candidate is required to answer only a selected number of questions in a question paper, the Marker must mark only the required number of questions in the answer script.
The Marker must mark the questions stipulated in sub-regulation (3) in the order in which they appear in the answer script and ignore the extra questions.
The Marker may use only black ink on the mark sheet or any other official document.
The assessment body must release the memoranda and question papers of the November examination of the previous year, before the end of April of the following year.
An assessment body must formulate the minimum requirements for a computer program used in the assessment process, which must be approved by HEDCOM or the Examination Board in the case of the private assessment body.
An assessment body must monitor and manage the computer system that conforms to the minimum requirements for a computer program.
The marks obtained by learners, as reflected on the mark sheets, must be captured by specifically trained staff.
In order to ensure accuracy in the capture of marks, all marks must be verified using the double-capture method or a verification method approved by HEDCOM.
The assessment body must closely monitor the capture of marks.
The results of the Senior Certificate examination will be printed in a common format for all provincial departments of education, taking into consideration provincial differences.
Mark adjustments are done by Umalusi in conjunction with the assessment body, based on the norms and standards set by the Umalusi Council.
The data and evidence required for the standardisation of the results are determined by Umalusi.
With regard to the release of results, the release date must be decided upon by the Council of Education Ministers on the recommendation of HEDCOM, on an annual basis.
The results can only be released subject to approval by Umalusi.
Learners may be exempt from paying examination-related fees, if the candidate can prove that he or she has been exempt from the payment of school fees in terms of the poverty-ranking formula.
The Minister, in consultation with the Council of Education Ministers, will handle appeals relating to the examination fees.
statement of results.
A candidate may apply for the re-checking or re-marking of his or her answer scripts for the May/June 2008 examinations, within 30 days of the official date of release of results.
The statement of results must indicate the prescribed fee for re-checking or remarking.
Promotion of Access to Information Act (No. 2 of 2000).
The candidate or his or her parents may apply to view a script, if after the rechecking and re-marking process, the candidate is still not satisfied with the result.
This application must be made within 30 days of release of the results of the recheck and re-mark and the application must contain the reasons for the request.
If the application is successful, the candidate or his or her parent may only view the script in the presence of an examination official and may not remove the script from the viewing room.
the marks have been correctly totalled; and all parts of the script are intact.
The examination official may not permit any other document in the viewing room.
The examination official may not allow any writing on the script.
The candidate or his or her parent may request a copy of the script at a prescribed fee.
After re-marking and or viewing of scripts, a candidate may apply to the Head of Department, for a final re-mark.
If the candidate is not satisfied with the outcome, he or she may appeal to the Member of the Executive Committee for Education in the Provincial Legislature or Umalusi in the case of private assessment bodies.
A candidate who has not met the minimum promotion requirements in the examination but requires one or more subject to obtain a final promotion.
Such a candidate will not be limited to a pre-determined number of subjects, however, will be restricted to subjects but not the grade for which they registered in the November 2007 examination sitting.
A candidate who obtains a conditional exemption, i.e.
A candidate who provides documentary evidence that he or she qualifies for admission to university or any other higher education institution but does not satisfy the higher education faculty/department/subject requirements.
In the case of a death in the family or other special reasons for absence, admission to the May/June 2008 examination as a supplementary examination is at the discretion of the Head of Department.
The Umalusi Council shall endorse Senior Certificates that have to be endorsed in terms of paragraphs 3, 4 and 5 of the matriculation endorsement requirements on the first day of the month following the month in which the requirements for endorsement were satisfied, provided that in the case of a candidate who satisfied, the requirements for endorsement at two or more examination sittings, the dates on which the subjects were passed at the relevant examination sittings shall also be indicated on the Senior Certificate.
The Head of the Institution makes a recommendation on whether the candidate should be permitted to write the examination.
If a candidate does not write a final October/November 2007 examination for reasons other than an injury or illness, such as participating in international sports fixtures, the candidate may apply for special permission as stipulated in sub regulation (2).
May/June 2008 examination as a supplementary examination.
May/June 2008 examination as a supplementary examination in the case where an irregularity regarding the candidate is being investigated.
May/June 2008 examination are declared null and void.
A candidate may not change a subjects in the May/June 2008 examination as a supplementary examination. The subject grade may, however be changed.
A candidate who did not write the 2007 Senior Certificate examination or part thereof due to the reasons stated in sub-regulation 2(a) and (e), may be granted permission to write the May/June 2008 examination as a supplementary examination only in the paper or papers that he or she did not write.
The Minister of Education is the custodian of the examination data. The Director-General or the Head of the the Provincial Education Department approves access to examination data by the members of the public, provided that the Department of Education is satisfied of its usage.
Assessment bodies must ensure that all examination material is properly filed to allow for easy retrieval.
The assessment body must keep all answer scripts and other examination related documentation, for at least six months from the date of release of examination results.
The assessment body may shred the answer scripts after six months unless litigation is still pending, for instance scripts of candidates involved in irregularities.
The assessment body must submit approved learner records for certification to Umalusi subject to the directives issued by Umalusi.
The provincial assessment body must immediately transfer the certification records to the historical certification records of the Department of Education. Under exceptional circumstances, this should not exceed a period of three months.
The Department of Education must ensure that there are back-up copies of the historical certification records of provincial assessment bodies.
Verification of results.
The assessment body must have secure methods, measures and procedures in place, to ensure safekeeping of examination records, subject to directives issued by Umalusi.
Acts of Dishonesty.
A candidate who refuses to abide by any or all of the minimum requirements in respect of the compilation of a mark for Internal assessment in a subject, with no valid reason.
A candidate who presents work that is not his or her original work.
Copying verbatim from another source.
An assignment/project that is not his or her own effort.
A candidate who resorts to any dishonest act to mislead the educator in terms of the authenticity/originality of the portfolio presented.
Continues to disregard assessment regulations despite a warning.
Investigations in respect of suspected Internal assessment irregularities.
The teacher collaborates with a candidate who presents the whole or part of the portfolio that is not his or her own work.
Printing, packaging, storage and distribution of question papers to examination centres.
learners engaged in dishonest acts during the examination process; and department officials, teachers/educators contravening the legislation on the conduct of the Senior Certificate examinations, so as to grant candidates an unfair advantage/disadvantage in the examination.
disregard for the arrangements or reasonable instructions of the invigilator despite a warning; and disregard for examination regulations.
Learners engaged in dishonest acts during the examination process include those that are identified before the commencement of the examination and those that are identified while the question paper is being written.
Possession of unauthorised examination material.
Any other action, which is in contravention of the relevant legislation.
In any of the stages relating to the writing of the examination, if there is evidence that there is a contravention of the relevant legislation on the part of examination officials involved in these processes, which could result in the granting of an unfair advantage to the candidates writing the examination, this must be declared an irregularity.
Irregularities in the marking process relate to irregularities identified by Markers of scripts and any other actions committed by examination officials and Markers which are in contravention of the national and provincial regulations.
Failure to adhere to the criteria and the prescribed process for the appointment of Markers, Senior Markers, Chief Markers, examination assistants and other persons involved in examination-related work as prescribed in the National Education Policy Act (No. 27 of 1996).
Marker appointed and found to have made a false statement in the application.
Marker not adhering to prescribed policy and requirements for marking.
Misbehaviour by Marker at marking venue or marking accommodation.
Any action that indicates a wilful intent to misplace or destroy the scripts of a candidate or candidates.
Intentional awarding of marks to candidates that is not justified by the evidence on the script or the marking guideline.
Manipulation of the marks so as to unfairly advantage or disadvantage a candidate or candidates.
Any other action that is in contravention of these regulations.
Answers identical to the marking guideline.
A contravention of these regulations in any of the stages relating to the capturing, processing, standardisation, release of results and certification, on the part of examination officials involved in these processes, which could undermine the credibility of the examination results, must be declared an irregularity.
Failure to accurately verify information on certificates and qualifications.
It is the duty of the examination official or systems administrator or service provider responsible for these functions, to ensure the accuracy of the examination data provided. Any data presented that is inaccurate must be regarded as an irregularity.
Provision of examination data to any institution or individual, without the approval of the Director-General or Head of Department, or his or her nominee constitutes an irregularity.
Internal assessment irregularities involving learners must be dealt with at the level of the school or learning institution by the School Assessment Irregularities Committee (SAIC) in accordance with the policy provided by the assessment body.
In the event of a valid reason for failure to comply, the candidate must be allowed the opportunity to redo the task.
Humanitarian reasons, e.g.
Any other reasons that may be considered valid by the Head of Department or his or her nominee.
Candidates must be reminded that the fabrication of evidence in general and especially in respect of the stipulations of regulation 56(2)(a) above constitutes fraud.
Internal assessment in a subject but submits a valid reason, evidence of such valid reasons must be included with the learner portfolio for that subject.
All alleged irregularities in respect of Internal assessment involving examination officials must be reported to the provincial Head of Department or his or her nominee by the Head of the Institution. Recurring cases must be reported to the National Examinations Irregularities Committee (NEIC).
Internal assessment irregularities involving educators constitute an act of misconduct and must be dealt with in accordance with the Employment of Educators' Act.
Internal assessment irregularities involving officials employed in terms of the Public Service Act also constitute an act of misconduct and must be dealt with in accordance with the relevant Public Service Regulations.
In the case of independent schools or learning institutions registered as examination centres with the relevant provincial department of education, the relevant clauses of the Service Contract entered into with the particular examination centre must be applied.
The Head of Department or his or her nominee may immediately suspend an examination official who contravenes any of these regulations, and the matter must be dealt with in accordance with the Employment of Educators' Act or in terms of the Public Service Act, or any other relevant legislation.
Examination irregularities identified as having occurred before the question paper is written may include the leakage of the question papers set at provincial or national level.
The first step in such a case is to determine the extent of the leakage, which must be determined by the Provincial Examinations Irregularities Committee (PEIC) or by a team delegated by the PEIC.
In the case of a provincial question paper, if the leakage is widespread, the relevant provincial department of education must arrange for the question paper to be rewritten on an appropriate date that is suitable for all affected candidates. If the irregularity is confined to a single or a few assessment centres, then it may be recommended to the Head of Department that the action taken be limited to those affected examination centres. The decision in this regard must be made by the Head of Department and the MEC.
In the event of the leakage of a national question paper, the Director-General of the Department of Education and the Minister of Education should decide on the most appropriate course of action.
The Provincial Examinations Irregularities Committee (PEIC) must institute a full investigation to ascertain the source of the leakage. The South African Police Services (SAPS) and other investigation experts may be included in the investigation process. All evidence collected must be clearly documented for presentation to the Provincial Examinations Irregularities Committee (PEIC).
Any other assessment irregularity identified prior to the writing of the question paper, which may impact on the integrity of the examination must be dealt with prior to the question paper being written.
The Head of Department or his or her nominee may immediately suspend an examination official, who contravenes any of these regulations, and the matter must be dealt with in accordance with the Employment of Educators' Act or in terms of the Public Service Act, or any other relevant legislation.
The Chief Invigilator must then offer the candidate suspected of an irregularity the opportunity to make a representation, either in writing or verbally, in the presence of the Invigilator.
In the event of a candidate persistently refusing to co-operate, the Chief Invigilator must request the candidate suspected of an irregularity to leave the examination room.
The answer script must be removed from the candidate's possession and a note made of the date and exact time of its confiscation.
The Chief Invigilator must forward his or her report, together with a report from the Invigilator on duty at the time of the alleged irregularity, the candidate's representation and a written account of events or any statement or exhibit, to the Provincial Examinations Irregularities Committee (PEIC).
The Invigilator must then give the candidate a new answer script.
Where the candidate refuses to submit the required written declaration or provide a response, this refusal must be confirmed in writing by the invigilator.
The answer script, any incriminating material and all applicable statements must then be sent for marking in the normal way and subsequently forwarded to the Provincial Examinations Irregularities Committee.
In the case of examination irregularities relating to the process of marking as contemplated in regulation 52, 53 and 54, that are committed by examination officials, the Head of Department or his or her nominee may immediately suspend an examination official, who contravenes any of these regulations, and the matter must be dealt with in accordance with the Employment of Educators' Act or in terms of the Public Service Act, or any other relevant legislation.
All examination irregularities suspected by Markers must immediately be reported to the Senior Marker or Deputy Chief Marker or Chief Marker who then refers it to the Centre Manager.
Answer scripts in which alleged examination irregularities are identified must be marked as usual. The word "IRREGULARITY" must be written in red ink on the front cover, along the margin.
These scripts must then be handed in together with the other answer scripts and completed mark sheets to the Senior Marker or Deputy Chief Marker or Chief Marker for attention.
Where the Senior Marker disagrees with the findings of the Marker, the script should be handed to the Deputy Chief Marker or Chief Marker for a second opinion.
If the suspected examination irregularity is confirmed by the Deputy Chief Marker or Chief Marker, the prescribed irregularity report must be completed and forwarded together with the evidence to the Head of Examinations and the Provincial Examinations Irregularities Committee (PEIC).
All irregularities relating to the above processes must be reported immediately to the PEIC and the Head of Examinations.
Confidentiality and security of information must be enforced. Any breach of these must be considered an examination irregularity.
The investigations must be lawful, reasonable, timely and procedurally fair and the rights of the individuals should not be infringed. The principles of openness and transparency of an administrative action must be adhered to.
No member of the PEIC may be involved in, or allowed access to any examination irregularity investigation or hearing or documentation involving a relative or any other person in respect of whom the investigator cannot be impartial.
The hearings must be lawful, reasonable, timely and procedurally fair and no rights of the individual should be infringed. The principle of openness and transparency of administrative action must be adhered to.
Where a candidate who is alleged to have committed an examination irregularity or his or her parent or guardian or representative cannot be contacted, the principal or centre manager of the institution will be required to assist in contacting the candidate. If the principal or centre manager of the institution is unable to contact the candidate, he or she must inform the Secretary of the PEIC thereof in writing.
Where the candidate or his or her parent or guardian chooses to make use of legal representation during the hearing, this will be allowed and the Chairperson of the PEIC must be informed at least three working days before the scheduled hearing.
If the candidate or his or her parent or guardian is unhappy about the way the hearing was conducted, an appeal may be lodged through the channels provided by the provincial education department, to the Head of Department.
Decisions and consequent recommendations by the PEIC, as approved by the Head of Department or his or her designee, must be communicated in writing to the person, school or learning institution under investigation, within 30 working days of the completion of the hearing.
The Committee may impose the sanctions contemplated in these regulations.
Mandatory minimum periods of sanction may be imposed by the PEIC or NEIC upon finding the offender guilty of an irregularity. The reason for the creation of mandatory minimum periods of sanction is primarily to ensure that irregularities are handled in a uniform manner across all provincial education departments (no free discretion), and secondly to combat and reduce the frequency of irregularities.
There may be cases where the PEIC or the NEIC is of the opinion that the imposition of one of the minimum periods of sanction would, considering the specific circumstances of the case, be very harsh and unjust. The committee may, however, be freed from the obligation of imposing the minimum period of sanction if there are "substantial and compelling circumstances" which justify the imposition of a lesser punishment than the prescribed one.
The list of the irregularities, the actions that may be taken and the sanctions to be imposed by the Head of the department of education are listed in Annexure A.
A candidate may appeal to the MEC against the decision of the Head of Department within 14 working days of the receipt of the written pronouncement of the judgment or sanction, if the candidate was present at the hearing.
A candidate may appeal to the MEC against the decision of the Head of Department within 21 working days of the date of the written judgment or sanction, if the candidate was not present at the hearing.
All appeals must be in writing and must include reasons in support of the appeal.
Reporting of assessment irregularities is categorised into two components. The first component relates to reporting of the irregularity from the site of identification to the relevant officials within the provincial education department (Internal reporting) and the second component relates to reporting of the irregularity by the Head of Department or Head of Examinations to the external role players (external reporting).
All alleged irregularities must be reported immediately to the next level of responsibility in the assessment process, which then must report it to the Chairperson of the PEIC and the Head of Examinations. This reporting can be done verbally but must be followed with a written report within 12 hours.
All assessment bodies must report all assessment irregularities to Umalusi and the Director-General within 48 hours of its identification. This can be done telephonically but must be followed with a written report within a 48-hour period.
The Director-General and Umalusi will provide the format of the report. Reporting the irregularity can differ depending on the nature of the irregularity.
The National Examinations Irregularities Committee (NEIC) is a committee established by the Minister to support the provincial education departments in ensuring that the credibility of the examinations is maintained. This committee will co-ordinate the handling of irregularities on a national level and will ensure that a consistent approach is implemented in the handling of irregularities across all nine provincial education departments.
Two representatives from the Department of Education appointed by the Director-General. The representative from the Chief Directorate: Educational Measurement, Assessment and Public Examinations will serve as chairperson and the second representative will be nominated from the Legal Section of the Department of Education.
One official from each of the provincial education departments, nominated by the Head of Department.
One representative from each of the private assessment bodies.
One representative from each of the recognised teacher unions.
All members of the committee, together with the chairperson, will be appointed by the Director-General. The Minister will appoint the additional members with observer status.
All decisions taken by the Provincial Examinations Irregularities Committee relating to irregularities in the above stages of the assessment process will be subject to final ratification by the National Examinations Irregularities Committee.
The NEIC must be responsible for co-ordinating and supporting the Provincial Examinations Irregularities Committees in the handling of assessment irregularities in their respective provinces.
The NEIC must co-ordinate and support the Examinations Irregularities Committee of the private assessment bodies.
The NEIC will also ensure that assessment irregularities are handled in a consistent manner across the country.
Investigate examination irregularities as requested by the Director-General.
Each provincial education department must establish a Provincial Examinations Irregularities Committee.
The Provincial Examinations Irregularities Committee must take responsibility for the handling of assessment irregularities at a provincial level.
The Head of Department must appoint the members of the Provincial Examinations Irregularities Committee.
The private assessment bodies must establish an Examinations Irregularities Committee.
The composition and function of the Examinations Irregularities Committee established by the private assessment bodies may be similar to that of the PEIC.
The Examinations Irregularities Committee contemplated in subregulation (4) and (5), must report all irregularities to the NEIC.
All members of the committee together with the chairperson will be appointed by the Head of Department. The additional members with observer status will be appointed by the MEC.
Any other irregularities related to examinations.
The PEIC may utilise the services of other officials from the provincial education department to conduct investigations and hearings. These officials will operate under the jurisdiction of the PEIC and will report to the PEIC.
Each school must establish a School Assessment Irregularities Committee whose composition and functions will be determined by the provisions of the policy of the assessment body.
The assessment body must ensure that irregularities are finalised before the release of the results, thus ensuring that results that are withheld are based on firm evidence of an irregularity having occurred.
However, in cases where the nature of the irregularity is of such a nature that it cannot be finalised before the release of the results, the results of these candidates must be withheld pending further investigation.
If a candidate is found to be irregular in one subject, only the results of that subject must be withheld.
Candidates that were found guilty of an irregularity must be recorded on the system and such information must be made available to all assessment bodies.
These regulations are called the Regulations for the Conduct, Administration and Management of Assessment for the Senior Certificate, 2005 and come into effect on the date of publication.
Failure to produce identification documents Candidate must be allowed to write the examination, but must produce the identification document within 24 hours or provide an affidavit. If the candidate fails to produce the identification document or the affidavit within 24 hours, an irregularity must be registered.
Incorrect examination number or no examination number The assessment body must use all available means to establish the correct examination number and this must be verified with the school or the candidate concerned.
Writing on incorrect grade If the action was unintentional or the result of misinterpretation, the candidate's mark must be converted as indicated in the Umalusi guidelines If the action was intentional or deliberate, the results of the candidate must be declared null and void. The candidate retains the marks awarded for the other components in the subject and the results are released as such.
Late arrival at the examination centre A candidate must not be admitted to the examination room, if he or she arrives after the first hour of the commencement of the examination. A candidate that arrives within the first hour of the commencement of the examination, must be allowed in the examination room, but will not be allowed any additional writing time.
Examination script lost or missing by the assessment body The assessment body must determine a calculated mark in accordance with Umalusi guidelines, and submit this to Umalusi for approval.
Candidate found in possession of unauthorised material during the examination session. If the unauthorised material is related to the subject being written, the questions in the paper that are relevant to the unauthorised material must be excluded from the answer script and the candidate's answer script must be marked out of the original total. If the extent of assistance obtained from the unauthorised material is substantial, the candidate's results in that paper may be declared null and void. The candidate may be barred from a minimum of one and a maximum of three subsequent examinations. If the unauthorised material is not related to the subject being written, the candidate is issued with a written warning, which will be taken into consideration should he or she be guilty of a future offence.
Candidate found in possession of unauthorised electronic device during the examination session. If the unauthorised device was not used during the examination session, the candidate is issued with a written warning, which will be taken into consideration should he or she be guilty of a future offence. If the unauthorised device was used during the examination session and the assistance obtained is substantial, the candidate's results in that paper may be declared null and void. The candidate may be barred from a minimum of one and a maximum of three subsequent examinations.
Candidate caught copying or obtaining help from a fellow candidate The results of the candidate caught copying may be declared null and void, in that paper. The candidate may be barred from a minimum of one and a maximum of three subsequent examinations. If there is evidence of collusion, the candidate offering the assistance must also be sanctioned as indicated above.
Candidate assisting another candidate during the examination session. As in (c).
Presentation of fraudulent identification or impersonation The candidate's results in that paper must be declared null and void. The candidate may be barred from a minimum of one and a maximum of three subsequent examinations. In addition, this matter must be reported to the SAPS.
Assistance provided by invigilator, teacher or principal to candidate In the case where the candidate is found guilty, the results for that paper may be declared null and void. The candidate may be barred from a minimum of one and a maximum of three subsequent examinations. In the case of the invigilator, teacher or principal, this must be regarded as an act of misconduct, the official must be immediately suspended from all examination related work, and be dealt with in terms of the relevant legislation. This must also be reported to SAPS.
Handwriting of a different person on script As in (c).
Two examination scripts with the same examination number If the action was unintentional the examination numbers must be corrected and the results of the candidates concerned must be released. If the action was intentional or deliberate, the results of the guilty candidate for that paper must be declared null and void. The candidate may be barred from a minimum of one and a maximum of three subsequent examinations.
Crib notes discovered in scripts at marking centre As in (a).
Script removed from examination room and submitted later The script must be marked as normal, pending the outcome of the investigation. In the case where the candidate is found guilty, the results for that paper must be declared null and void. The candidate may be barred from a minimum of one and a maximum of three subsequent examinations.
Submission of work that is not candidate's own work. The candidate who submits work that is not his or her own, may have his or her results in that paper declared null and void. The candidate may be barred from a minimum of one and a maximum of three subsequent examinations. If there is evidence of collusion, the candidate offering the assistance must also be sanctioned as indicated above.
Leaked/Stolen question paper This must be regarded as a criminal case and must be referred to the SAPS. Candidates who are proved to have stolen a question paper prior to it being written must be barred from writing the examination for 3 - 5 years, from the date of the offence.
Bribery or attempted bribery This must be regarded as a criminal case and must be referred to the SAPS.
In the case where the candidate is found guilty, the candidate must be barred from writing the examination for 3 - 5 years, from the date of the offence.
In the case where an educator or departmental official is involved, this must be regarded as an act of misconduct and must be dealt with in terms of the relevant legislation.
Creating a disturbance, intimidation and drunkenness, disregarding the arrangements and/or the reasonable instructions of the invigilator. Candidate must be warned and if the behaviour or action persists the candidate must be removed from the examination centre. Candidate forfeits the opportunity to write or to continue writing that specific examination paper. Where the candidate has commenced with the examination, the marks attained will be declared null and void. The candidate retains the marks awarded for the other components in the subject and the results are released as such. Criminal charges may be instituted.
<fn>GOV-ZA.26245bEn.2012-02-10.en.txt</fn>
46 No. 26245 GAZETTE.
The Draft Precious Metals and Diamonds General Amendment Bill, 2004, is hereby published for public comment.
Written comments must be received not later than 17 June 2004.
(As introduced in the National Assembly as a section 75-Bill; explanatory summary of Bill published in Government Gazette No.
[ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
To amend the Mining Rights Act 20 of 1967 and the Diamonds Act 56 of 1986 so as to provide for the rationalization of the regulation of matters pertaining to the downstream development of precious metals and diamonds; to promote equitable access to, and local beneficiation of the nation's precious metals and diamonds and to provide for matters connected therewith.
Amendment of section 1 of Act 20 of 1967 1.
to make up, smelt or change the form or add value in any other manner to unwrought precious metals in his lawful possession excluding refining or changing the form for purposes of recovery or jewellery manufacturing as provided for in sections 144 and 145 of this Act; and thereafter dispose of such beneficiated product as allowed by law.
Amendment of section 143 of Act 20 of 1967 2.
"(dA) he has obtained a precious metal beneficiation licence in terms of section 145 A from the Director General".
"(3A) Nothing in this Act will preclude any category of persons mentioned in subsection 1 (a)-(d) from entering into a credit loan agreement with a holder of a precious metal beneficiation licence and or a holder of a jewellery permit in terms of which unwrought precious metal may be delivered before payment."
Amendment of section 144 of Act 20 of 1967 3.
to buy or receive from any person exempted under section 143 (1) (a), (b) or (c) any material, substance or solution in the lawful possession of that person containing precious metal, and to extract such precious metal and dispose thereof in accordance with the provisions of this Chapter.
"(3) There shall be paid to the [receiver of revenue] Director-General in respect of every recovery works licence a prescribed fee.
"(4) Any such licence [ if issued for a year, expire on the thirty-first day of December of the year in respect of which it is issued. and any such licence issued for quarter of a year shall expire on the first ensuing thirty-first day of March, thirtieth day of June, thirtieth day of September or thirty-first day of December, depending on the quarter during which it is issued.
"(5) No holder of such a licence shall carry on any activity authorized by the licence elsewhere than on the premises or at the place described on the licence or in any endorsement thereof in terms of subsection (6), and no such holder shall be in possession of unwrought precious metal [(not being silver)] at any place elsewhere than on the premises or at the place so described unless he holds in respect of such precious metal a transport permit referred to in section 147."
(6) If at any time it becomes necessary for any holder of such licence to transfer or extend the activities referred to in subsection (5) to any premises or place not described on his licence [within the magisterial district, the receiver of revenue concerned] the Director-General [shall] may endorse on the licence the situation of such new or additional premises or place.
[and shall forthwith in writing notify the Commissioner of the South African Police of the endorsement].
"(7) (a) Any such licence may upon payment of the prescribed fee [prescribed by subsection (3) and with the written approval of the Commissioner of the South African Police or any person designated by him,] be renewed by the [receiver of revenue] Director-General [for a calendar year or a quarter of a year], provided an application for such renewal is made at least thirty days before the expiration of the licence."
The activities authorized by such licence are discontinued permanently, the person who held the licence shall forthwith submit to the [Commissioner of the South African Police] Director-General a solemn declaration of the mass of the unwrought precious metal in his possession at the date such licence expired or was refused or cancelled or such activities were discontinued, and dispose of such precious metal in accordance with the provisions of this Chapter within fourteen days after the date of such declaration or within such longer period as the [said Commissioner] Director-General may allow.
Amendment of section 145 of Act 20 of 1967 4.
(5) A jeweller's permit shall not entitle the holder thereof to purchase or otherwise obtain unwrought precious metal except from a banker or the South African Mint or any person or category of persons exempted under section 143 (1) or any person approved by the [Treasury] Director-General [or another holder of a jeweller's permit].'
"(7) Every holder of a jeweller's permit shall produce and exhibit such register whenever requested to do so by [any member of a police force duly established by law] the Director-General or any member of the South African Police Service."
By the deletion of subsection (8).
Any person who is refused a precious metals beneficiation licence may, within 14 days after having been notified by the Director General, of the refusal, appeal to the Minister who may dismiss the appeal or direct the Director General to issue such licence to such person.
There shall be paid to the Director General in respect of every precious metal beneficiation licence a prescribed fee.
Amendment of section 146 of Act 20 of 1967 5. Section 146 of the Mining Rights Act, 1967 is amended by the substitution for the expression "Commissioner of the South African Police" of the expression "Director-General".
Amendment of section 147 of Act 20 of 1967 6.
"(1) No person except the holder of a jeweller's permit and a holder of a precious metal beneficiation licence shall transport or in any manner convey any unwrought precious metal [(not being silver)] outside the boundaries of any mine, works or other property or place in which such metal is located, except under the authority of a permit issued by the [Commissioner of the South African Police or any person designated by him] Director-General: Provided that such permit or licence shall not be required for the transport or conveyance of any unwrought precious metal in respect of which a certificate under section 143 (1) (d) or a permit under section 143 (1) (e) has been issued."
"(2) A permit for the transport [of] or conveyance of unwrought precious metal shall be in the form prescribed by regulation and may be issued subject to such special conditions as the [Commissioner of the South African Police or any person designated by him] Director-General may deem fit."
Amendment of section 148 of Act 20 of 1967 7.
By the deletion of substitution of subsection (3).
Amendment of section 149 of Act 20 of 1967 8.
"(3) [Every] Any person required by this section to keep a register shall [on or before the fifteenth day of each month] on a quarterly basis transmit or deliver to the [Commissioner of the South African Police] Director-General a true copy in duplicate of such register [for the last preceding [month] quarter, together with a solemn declaration of the correctness thereof, and shall produce and exhibit such register whenever requested to do so by any member of a police force duly established by law holding a rank of or above the rank of sergeant]".
Amendment of section 152 of Act 20 of 1967 9. Section 152 of the Mining Rights Act, 1967 is amended by the substitution for the expression "Mining Commissioner" of the expression "Director-General".
Amendment of section 153 of Act 20 of 1967 10.
By the deletion of the phrase "not exceeding two thousand rand" in subsection (2).
Amendment of section 1 of the Diamonds Act 56 of 1986 11.
"'Kimberly Process' means the process defined in the Regulations promulgated under section 95 of the Act and published under Government Notice No. R.1361 of 1 November 2002".
Amendment of section 4 of Act 56 of 1986 12.
by the deletion of the expression 'exploited and' in paragraph (a); and by the substitution for paragraph (b) of the following paragraph: to ensure the sound and orderly development of diamond resources in the Republic. Amendment of section 5 of Act 56 of 1986 13.
By the deletion of subsection (3).
Amendment of section 6 of Act 56 of 1986 14 Section 6 of the Diamonds Act, 1986 is hereby amended by the substitution for paragraph (c) of the following paragraph "he has been convicted of an offence in the Republic, other than an offence committed prior to 27 April 1994 associated with political objectives, and was sentenced to imprisonment without the option of a fine, or, in the case of fraud, to a fine or imprisonment or both."
Amendment of section 8 of Act 56 of 1986 15.
"(d) In the case of a member or, where applicable, an alternate member referred to in section 5(1)(a), (b), (c) [or (d)] or (dA) if he ceases to hold the qualifications by virtue of which he was appointed as a member or an alternate member of the Board."
Amendment of section 9 of Act 56 of 1986 16. Section 9 of the Diamonds Act, 1986 is hereby amended by the substitution for the expression "seven members" in subsection (3) of the expression "fifty percent plus one member".
Amendment of section 10 of Act 56 of 1986 17.
"(2) The executive committee shall consist of the chairman, "chairmen of the committees established by the Board", the executive officer and at least two other members of the Board."
Amendment of section 13 of Act 56 of 1986 18.
"(dA) In order to eliminate the presence of conflict diamonds in the diamond industry, the Board must administer a prescribed Kimberly Process Certification Scheme."
Amendment of section 18 of Act 56 of 1986 19.
Amendment of section 19 of Act 56 of 1986 20.
"2(A) Nothing in this Act will preclude any category of persons mentioned in subsection (1) from entering into a credit loan agreement with a holder of a diamond beneficiation licence in terms of which unpolished diamonds may be delivered before payment."
Amendment of section 22 of Act 56 of 1986 21. Section 22 of the Diamonds Act, 1986 is hereby amended by the insertion of the expression "beneficiation licencee," after the expression "tool maker" in paragraph (a).
Amendment of section 25 of Act 56 of 1986 22.
"(1) Any person who by chance finds or picks up any unpolished diamond at any place where he or his employer is not permitted to prospect, dig or mine for diamonds in terms of the [Minerals Act, 1991] Mineral and Petroleum Resources Development Act, 2002, shall forthwith take that unpolished diamond to the nearest police station and deliver it to the member of the South African Police on duty."
by the insertion of the word 'unpolished' before the word 'diamond' where it occurs in subsection (3); and by the insertion of the word 'unpolished' before the word 'diamond' wherever it appear in subsection (4).
Amendment of section 25A of Act 56 of 1986 23.
"(3) Any person who refuses to be searched as aforesaid or who obstructs any authorized person conducting a search under this section, shall be guilty of an offence. [and liable on conviction to a fine [not exceeding R1 000] or to imprisonment for a period not exceeding three months, or to both [such] a fine and such imprisonment]".
Amendment of section 26 of Act 56 of 1986 24.
"[e] A diamond beneficiation licence entitling the holder to add value to unpolished diamonds."
Amendment of section 45 of Act 56 of 1986 25.
(1) The Board shall designate and regulate any premises as a Diamond Exchange Centre.
Before the Board decides on the designation of a Diamond Exchange Centre it may conduct any investigation in connection therewith.
The utilisation of the premises referred to will be subject to such terms and conditions as the Board may determine.
The licensee of a Diamond Exchange Centre must keep or cause to be kept a prescribed register, wherein the prescribed particulars in respect of all trading transactions are entered.
Amendment of section 48 of Act 56 of 1986 26.
"(3) Dealing in unpolished diamonds for export purposes may only be conducted at the premises of a registered Diamond Exchange Centre".
Deletion of section 51 of Act 56 of 1986 27. Section 51 of Act 56 of the Diamond Act, 1986 is hereby deleted.
Amendment of section 59 of Act 56 of 1986 28.
In order to ensure that [cutters, or tool-makers] diamond beneficiation licencees obtain a regular supply of unpolished diamonds, [the Board may enter into an agreement with] any producer, dealer or any association or organization of producers or dealers [in pursuance of which any such producer, dealer association or organization] must allocate or offer unpolished diamonds to diamond beneficiation licensees in the prescribed manner [each of those cutters, or tool-makers].
The deletion of subsections (2) and (3).
Amendment of section 60 of Act 56 of 1986 29.
the substitution of the expression "exporter" for the expression"person", and the insertion of the expression "unpolished" after the expression "that".
Amendment of section 61 of Act 56 of 1986 30.
"(1) Any [exporter] person who desires to [register] export any unpolished diamond [for export] shall register that unpolished diamond at a prescribed export centre and furnish the registering officer with a return on the prescribed form in respect of that unpolished diamond."
"(2) In the return furnished in terms of subsection (1) the [exporter] person exporting such unpolished diamond shall specify the value of the unpolished diamond as was offered by such person at the Diamond Exchange Centre and declare that the value so specified is to the best of his knowledge and belief the fair market value of that unpolished diamond."
Amendment of section 62 of Act 56 of 1986 31.
by deleting the expression " Subject to the provisions of section 63 and 64", and by the substitution of the number "15" for the number "5" in subsection (2).
Amendment of section 63 of Act 56 of 1986 31.
"(c) if the Minister with the concurrence of the Minister of Finance, determines that it [is] may be so exempted."
Deletion of section 64 of Act 56 of 1986 33. Section 64 of the Diamonds Act, 1986 is hereby deleted. Amendment of section 65 of Act 56 of 1986 34.
"(2) The person who has assessed the value of an unpolished diamond referred to in subsection (1) (b), shall furnish the registering officer with a certificate in which he specifies the value of that unpolished diamond and the name of a person who is prepared to purchase that unpolished diamond at the value so specified."
"(3) A certificate furnished in terms of subsection (2) shall be deemed to be an offer to the exporter by the person specified therein to purchase the unpolished diamond in question at the value specified therein."
Section 66 of the Diamonds Act, 1986 is hereby deleted.
Section 67 of the Diamonds Act, 1986 is hereby deleted. Amendment of section 68 of Act 56 of 1986 37. Section 68 of the Diamonds Act, 1986 is hereby amended by the deletion of the expression "or any fine" after the expression "levied" in subsection 1 and by the deletion of the expression "or fine" where it appears in subsection (2).
Amendment of section 69 of Act 56 of 1986 38. Section 69 of the Diamonds Act, 1986 is hereby amended by the insertion of the expression 'unpolished' before the word 'diamond' wherever it appears in paragraphs (a), (b), (d) and (e) of subsection (1).
This Act is called the Precious Metals and Diamonds General Amendment Act, 2004 and comes into operation on a date to be fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.26275En.2012-02-10.en.txt</fn>
Application number DEPARTMENT: MINERALS AND ENERGY label here.
For the type of mineral or minerals applied for, please see List 2 attached to the form.
Co.
If the prospecting area is greater or less than a farm portion, please supply the co-ordinates of the corner points of the area/s in degrees, minutes and seconds or decimal degrees or LoX and LoY or indicate on Topocadastral map(s). In the case of applications based on Topocadastral maps, the applicant must seek assistance from the Enquiry desk at the relevant Regional office. With reference to co-ordinates, provide in decimal degrees.
If the application is for a whole farm portion/s there is no need to provide co-ordinates.
An ASCII (American Standard Code for Information Interchange) file is any form of text file that can be interchanged between different users and interpreted through any software.
If more than 5 sets of co-ordinates, please attach additional information in the same format.
in my personal capacity or duly authorised thereto by the legal entity in a representative capacity, declare that the information contained in the application form is true and correct.
Provide a plan as contemplated in regulation 2(2).
Detailed prospecting work programme for the renewal period.
D. A report reflecting the extent of the environmental rehabilitation conducted and completed in terms of the approved Environmental Management Plan, as well as rehabilitation to be completed and the estimated costs thereof.
In the case of a natural person, a certified copy of the identity document must be attached.
G. A certified copy of the certificate of Incorporation, if applicable.
H. A certified copy of the certificate to commence business, if applicable.
Where options are given, please mark the appropriate block.
Registration number of Co. or CC.
Strategic Partnership: 25% + 1 vote HDSA Broad-based Ownership: HDSA dedicated mining unit trusts, employee share or ownership schemes.
Provide the registered description of the land or area to which this application relates, together with respective SG diagrams.
If more than one farm portion is indicated, please attach additional information in the same format.
If the mining area is greater or less than a farm portion, please supply the co-ordinates of the corner points of the area/s in degrees, minutes and seconds or decimal degrees or LoX and LoY or indicate on Topocadastral map(s). In the case of applications based on Topocadastral maps, the applicant must seek assistance from the Enquiry desk at the relevant Regional office. With reference to co-ordinates, provide in decimal degrees.
If possible, please provide the co-ordinates in a digital format e.g. ASCII* file (longitude, -latitude). When co-ordinates is provided in ASCII format, the LO, spheroid and datum information must still be completed on this form.
Each polygon must close, so the last co-ordinate must be the same as the first co-ordinate.
ASCII file handed in Ye?
Full particulars of the mining work programme contemplated in regulation 11.
Provide a certified copy or copies of the title deed or deeds in respect of the land or area to which this application relates.
F. Existing rights Provide a list of existing rights and permits held by the applicant to be compiled in tabular form which indicate the region, the location with regard to the land name and the existing right or permit number for each mineral or minerals.
A social and labour plan contemplated in regulation 46.
Complete the form in block letters and in black pen.
If the co-ordinates are supplied in LO, please give (a) the central meridian; and (b) the projection.
Provide a revised social and labour plan for the renewal period.
An amount of R , being the application fee specified in regulation 75(1)(c).
I. A certified copy of the certificate to commence business, if applicable.
Minerals and Energy for Development and Prosperity 8 Lamton (012) 327-1836/7 4.
Although the application forms are made available in electronic format, only a signed original hard copy shall be acceptable.
Provide a plan as contemplated in regulation 2(2), read with regulation 2(3).
D. Provide details of any mineral or minerals and the quantity thereof, which the applicant intends to remove and dispose of during mining operations.
An amount of R , being the application fee specified in regulation 75(1)(d).
B. Full particulars of prospecting operations conducted on the relevant land or area and a feasibility report.
D. Proof that the mining of the relevant mineral would be uneconomical due to prevailing market conditions.
An amount of R , being the application fee specified in regulation 75(1)(e).
J. A certified copy of the certificate of Incorporation, if applicable.
[in terms of section 34 of the Mineral and Petroleum Resources Development Act, 2002 (Act No.
For any enquiries, contact the relevant Regional office during office hours (refer to List 1).
A. Details of the land or area for renewal.
B. Full particulars of the reasons why renewal is being sought.
E. Report on the extent of compliance with the requirements of the approved Environmental Management Plan.
I. A certified copy of the certificate of Incorporation, if applicable.
J. A certified copy of the certificate to commence business, if applicable.
[lodgement of an old order prospecting right listed in Table 1 of Schedule II of the Mineral and Petroleum Resources Development Act, 2002 (Act No.
For any enquiries, contact the relevant Regional office or designated agency during office hours (refer to List 1).
Complete the form in English and do not use abbreviations (e.g. Street not St).
In the case of a Co. or CC.
C. Information whether or not the old order prospecting right is encumbered by any mortgage bond or any right registered at the Deeds Office or Mining Titles Registration Office and the registered number of such mortgage bond or any other right.
E. A certified copy of the title deed or deeds in respect of the land or area to which the present prospecting right relates.
I. Financial and technical competence Provide details with documentary evidence to prove the applicant's technical ability and financial resources, or access thereto, compatible with the prospecting work programme that are readily available or how they will be provided for, to enable the applicant to carry out the prospecting activities in terms of the prospecting work programme and to mitigate and rehabilitate relevant environmental impacts satisfactorily.
J. Existng rights and past compliance with provision of the Act Provide a list of existing old order prospecting rights held by the holder for the same mineral or minerals in the region where the conversion is lodged. This list is to be in a tabular form which indicates the region and location with regard to the land name and the existing right or permit number for each mineral or minerals.
K. Report of the extent of compliance with the requirements of the approved environmental management programme for any right that the applicant holds or has held and has not contravened any provisions of the Act.
L. An undertaking to give effect to the objects of section 2(d) and (f) of the Act describing the manner to accomplish these requirements.
Petroleum Agency SA The Chief Executive PO Box 1174 PAROW 7499 Petroleum House 151 Frans Conradie Avenue PAROW 27(21) 9383500 27(21) 9383520 plu@petroleumagencysa.
Provide the registered description of the land, area to which this application relates, together with respective SG diagrams.
If the production area is greater or less than a farm portion, please supply the co-ordinates of the corner points of the area/s in degrees, minutes and seconds or decimal degrees or LoX and LoY or indicate on Topocadastral map(s). In the case of applications based on Topocadastral maps, the applicant must seek assistance from the Enquiry desk at the relevant Regional office. With reference to co-ordinates, provide in decimal degrees.
B. An affidavit verifying that the holder is conducting or has conducted mining on the land to which the conversion relates immediately before this Act came into effect and setting out the periods during which such mining had been conducted.
C. Information whether or not the old order mining right is encumbered by any mortgage bond or any right registered at the Deeds Office or Mining Titles Registration Office and the registered number of such mortgage bond or any other right.
D. A statement setting out the terms and conditions which apply to the present old order mining right.
E. A certified copy of the title deed or deeds in respect of the land or area to which the present mining right relates.
F. The original or certified copy of the old order mining right and the approved enviromental management programme.
I. Financial and technical competence Provide details with documentary evidence to prove the applicant's technical ability and financial resources, or access thereto, compatible with the mining work programme that are readily available or how they will be provided for, to enable the application to carry out the mining activities in terms of the mining work programme and to mitigate and rehabilitate relevant environmental impacts satisfactorily.
An amount of R , being the application fee specified in regulation 82(1).
P. A certified copy of the certificate to commence business, if applicable.
[in terms of section 74 of the Mineral and Petroleum Resources Development Act, 2002 (Act No.
Ensure that all the required attachments accompany the application.
Provide the registered description of the land, area or offshore blocks to which this application relates, together with respective SG diagrams.
Provide a plan contemplated in regulation 2(2).
1 Specify the minimum proposed operations and expenditure for the area applied for.
3 Detail the proposed time framework for the proposed reconnaissance operations.
Provide a certified copy or copies of the title deed or deeds in respect of the land, area or offshore area to which this application relates.
Provide details with documentary proof of the applicant's technical ability and financial resources that are readily available or how they will be provided for, to enable the applicant to carry out the activities and to mitigate and rehabilitate relevant environmental impacts satisfactorily.
If the area is greater or less than a farm portion, please supply the co-ordinates of the corner points of the area/s in degrees, minutes and seconds or decimal degrees or LoX and LoY or indicate on Topocadastral map(s). In the case of applications based on Topocadastral maps, the applicant must seek assistance from the Enquiry desk at the relevant Regional office. With reference to co-ordinates, provide in decimal degrees.
2 Detail the proposed time framework for the proposed technical co-operation study to which this application relates.
F. A certified copy of the certificate of Incorporation, if applicable.
G. A certified copy of the certificate to commence business, if applicable.
[in terms of section 79 and 81 of the Mineral and Petroleum Resources Development Act, 2002 (Act No.
For any enquiries, contact the designated agency during office hours (refer to List 1).
The application must be submitted to the designated agency where the land or area is situated.
1 Specifiy the minimum proposed operations and expenditure for the land, area or offshore area applied for.
3 Provide a statement of the anticipated effect which the proposed exploration operations may have on the environment and other users of the area.
An amount of R , being the application fee specified in regulation 75(2)(c).
[in terms of section 83 and 85 of the Mineral and Petroleum Resources Development Act, 2002 (Act No.
3 Provide a comprehensive technical and feasibility report with details of the production method, capacity of production and scale of operations, processing and treatment of petroleum, infrastructure requirements as well as marketing arrangements for the scale of the petroleum products.
4 Provide a detailed forecast of capital requirements, sale revenues, operating costs, environmental management programme financial provision, mine safety and health costs and other costs, presented in a cash flow format in respect of the period required for production operations.
C. Substantiate Financial and Technical Competence Provide details with documentary proof of the applicant's technical ability and financial resources that are readily available or how they will be provided for, to enable the applicant to carry out the production activities effectively and to mitigate and rehabilitate relevant environmental impacts satisfactorily.
Provide full details of the proposed social and labour plan contemplated in regulation 46.
Ensure that all the attachments accompany the application.
6 Production right number hereby apply for the transfer of the environmental liabilities and responsibilities pertaining to the above-mentioned right or permit of the environmental management programme or environmental management plan, as the case may be or closure plan, to a competent person with such qualifications contemplated in regulation 59.
The application is to be made within 180 days of lapsing, abandonement, cancellation, cessation, relinquishment or rehabilitation completed in terms of the closure plan as contemplated in section 43(3) of the Act.
[in terms of regulation 46(b)(i)(aa) of the Social and Labour Plan of the Mineral and Petroleum Resources Development Act, 2002 (Act No.
Complete the form in block letters and in black pen. 2.
[in terms of regulation 46(b)(v) of the Social and Labour Plan of the Mineral and Petroleum Resources Development Act, 2002 (Act No.
For any enquiries, contact the relevant Regional office or designated agency during office hours (refer to List 1). 1.
[in terms of regulation 46(c)(vi) of the Social and Labour Plan of the Mineral and Petroleum Resources Development Act, 2002 (Act No.
[in terms of schedule II; section 4 (2) h of the Mineral and Petroleum Resources Development Act, 2002 (Act No.
Although the affidavit is made available in electronic format, only a signed original hard copy will be acceptable.
I, the undersigned,.
The contents of this affidavit are, except where the contrary is indicated, within my personal knowledge, and are true and correct.
ID No.
As the duly authorised representative of [] being the holder of an old order mining right.
That the holder as contemplated in relevant section of the Act is conducting production operations on the [Area of land to which the conversion relates] namely.
Periods during which production operations were conducted on the area of land identified in Par.
[b] and has conducted prospecting operations immediately before this Act took effect for the following periods.
Results from the prospecting operation referred to in Par.
[in terms of schedule II; item 7 (2) (d) of the Mineral and Petroleum Resources Development Act, 2002 (Act No.
That the holder as contemplated in relevant section of the Act is conducting mining operations on the [Area of land to which the conversion relates] namely.
Periods during which mining operations were conducted on the area of land identified in Par.
Let wel: Daar word van ouers verwag om hulle kinders te laat immuniseer. 'n Volledige rekord van immunisering kan aangevra word wanneer jy aansoek doen om skooltoelating of maatskaplike toelaes.
Besoek jou plaaslike kliniek of mediese praktisyn.
Jou kind sal volgens sy/haar ouderdom immuniseer word.
Jy sal raad kry oor hoe om jou kind se reaksie teen die entstof te hanteer. (Soms kry hulle koors van die entstof en dit is raadsaam om die verpleegster te sê as jou kind allergies is vir eiers).
Jy sal dan die datum van die volgende immunisering gegee word.
Daar is geen regsraamwerk nie.
Hoewel daar geen regsstappe is nie, word daar van ouers verwag om hulle kinders te immuniseer. 'n Volledige rekord van immunisering kan aangevra word wanneer jy aansoek doen om skooltoelating of maatskaplike toelaes.
Dit word onmiddellik gedoen.
Die diens is gratis by staatsklinieke en-hospitale. Privaat praktyke vra moontlik 'n minimum tarief.
Daar is geen vorms om in te vul nie.
Wentworth Hospital Sidmouth Avenue Wentworth www.kznhealth.gov.za/wentworthhospital.
The power of partnerships, public and private (including industry), local, regional, continental, and intercontinental.
Government Spokesperson, Mr Themba Maseko, will brief members of the media on the outcomes of the Cabinet meeting held today. Mr Maseko will be joined by the Minister of Energy, Ms Dipuo Peters, who will elaborate on NERSA's tariff price determination.
Vol. 448 Cape Town 10 October 2002 No.
<fn>GOV-ZA.26295En.2012-02-10.en.txt</fn>
Vol. 466 Pretoria 30 April 2004 No.
STAATSKOERANT, 30 APRIL 2004 No.
The Minister of Water Affairs and Forestry, Ronald Kasrils, MP, hereby publishes the draft Water Services Act Amendment Bill, which provides for the authorisation of water boards by the Minister to perform other activities than their primary activity outside the borders of the Republic of South Africa. More details are set out in the attached explanatory memorandum and Bill.
E-mail: vda@,dwaf.gov.za and marked for the attention of Mr A L Vermeulen (Director: Water Services Policy and Strategy).
I Words in bold type in square brackets indicate omissions from existing enactments.
To amend the Water Services Act, 1997 so as to enable water boards to perform activities outside the borders of the Republic of South Africa; and to provide for matters connected therewith.
Amendment of section 30 of Act 108 of 1997 1.
(3) The Minister may, in consultation with the Minister of Finance, authorise a water board to perform an activity outside the borders of the Republic of South Africa.
the maximum amount of capitalbthat, may be taken out of the Republic of South Africa.
This is the Water Services Amendment Act, 2004.
STAATSKOERANT, 30APRIL 2004 No.
EXPLANATORY MEMORANDUM ON THE WATER SERVICES ACT AMENDMENT BILL, 2004 1 When a water board is established in terms of section 28 of the Water Services Act, 1997 (Act No. 108 of 1997) (hereinafter referred to as the Act) a service area for that water board is determined. This service area is understood to mean a service area within the Republic of South Africa. As a water board is exclusively a statutory body, it only has the powers conferred upon it by statute. Should a water board therefore wish to operate outside the borders of the Republic of South Africa, it lacks the statutory authority to do so. Initially there was some uncertainty about this legal position. It has subsequently been clarified however by a number of legal opinions by senior counsel.
The proposed amendment of section 30 of the Act provides for two phases in the process to authorise extraterritorial activities of water boards.
2.1 The first phase consists of a publication by notice in the Gazette of the parameters within which an approval to operate extraterritorially may be granted.
2.1.I Thedetermination of these parameters occurs on theinitiative of the Ministerof Water Affairs and Forestry but in consultation with the Minister of Trade and Industry, the Minister of Finance and the Minister of Public Enterprise. This means that each of the Ministers to be consulted, can veto a proposal.
Theparameters are determined by afixationof the nature of the permissible activities, the permissible countries andthemaximum permissible amountof money to be taken out of the country.
This determination is more or less a once and for all activity.
Forestry in consultation with the Minister of Finance. Here also each Minister has the power to veto. As the assessment of financial risk is a major factor during this phase, the concurrence of the Minister of Finance is deemed essential.
3.1 Section 29: The primary activity of a water board is the provision of water services to other water services institutions in its service area.
they are in accordance with the board's policy statement; and it is provided for in its business plan.
3.3 Section42: Ring-fencing.
A water board must manage each activity as a separate unit.
A water board must maintain separate financial accounts for each of its activities.
All transactions between units of a water board engaged in different activities, must be carried out on terms which could be expected to exist between unrelated businesses.
<fn>GOV-ZA.262En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.26319En.2012-02-10.en.txt</fn>
I, PHUMZILE MLAMBO-NGCUKA, Minister of Minerals and Energy, acting in terms of section 7 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).
A Western Cape Region, Northern Cape Region, Free State Region, Eastern Cape Region, KwaZulu-Natal Region, Mpumalanga Region, Limpopo Region, Gauteng Region and North-West Region in accordance with the boundaries of the provinces as described in Schedule 1 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), read with section 103 of the Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996): Provided that the sea as defined in section 1 of the Sea-shore Act, I935 (Act No. 21 of 1935), and the continental shelf referred to in section 8 of the Maritime Zones Act, 1994 (Act No.
The northern seaward boundary of the Northern Cape Region shall be the international seaward boundary between the Republic of South Africa and the Republic of Namibia.
275, 452, Doornkom West 446, Crystalkop 69, Zuiping 394, Groot Vaders Bosch 470, Die Hoek 114, Mizpah274, Moab 279, Gerar278, Hormah 276, Doornkom Oost 447, Zaaiplaats190, Fraai Uitzicht 189, Golden Vaal 562 and Kleinfontein 369, in the Magisterial District of Viljoenskroon, is included in the North-West Region and excluded from the Free State Region.
<fn>GOV-ZA.2631En.2012-02-10.en.txt</fn>
Pretoria - The Inter-Ministerial Committee (IMC) tasked to oversee government's preparation for the 2010 FIFA Soccer World Cup has expressed satisfaction at the progress made ahead of the tournament.
The committee, chaired by Deputy President Kgalema Motlanthe, met on Friday for its last meeting of the year and concluded that South Africa will be ready to host the world come June next year.
There are just over 200 days left before the official kick-off.
"The IMC's overall impression about the state of readiness for the upcoming 2010 FIFA World Cup is that commitment levels are high and many of the guarantees are being delivered on time," government spokesperson Themba Maseko said.
He said a report on security arrangements indicated that plans were at an advance stage in all provinces and host cities. These include training of officers responsible for command and control centres, general policing, crowd control and specialized units responsible for airspace control.
On shared protocol services, Maseko said the Department of International Relations and Cooperation had been encouraged to fast-track the training of all Local Organising Committee and government personnel who will provide protocol support during the tournament.
A number of legacy projects were already being rolled out including participation of schools and communities on world cup related projects.
An estimated 11 000 youth have participated in 135 five-aside tournaments aimed at encouraging young people to rally behind event.
Meanwhile, the IMC has mandated the Department of Public Works to assist the Mpumalanga provincial government to speed up the process of building two schools that were suppose to occupy the space where the Mbombela Stadium had been built.
The community of Matsafeni has been at loggerheads with authorities after it emerged that the site of the stadium had originally been earmarked for two schools.
Your rating: None Average: 2.
<fn>GOV-ZA.2633En.2012-02-10.en.txt</fn>
Schools' policy document, namely A résumé of instructional programmes in schools, Report 550 (2005/09) published by means of Government Notice No. 1056 in Government Gazette No.
THE COMPILATION OF THIS REPORT xi GRADE 10: 1 4. EXAMINABLE INSTRUCTIONAL OFFERINGS 1 5. COMPULSORY INSTRUCTIONAL OFFERINGS THAT ARE NOT NECESSARILY EXAMINED 11 6. SPECIAL CONDITIONS 11 7. PROGRAMME REQUIREMENTS 11 8. CONTINUOUS ASSESSMENT 12 9. PROMOTION REQUIREMENTS 12 10.
This policy is set on norms and standards to which all assessment bodies in terms of Sections 3(4)(l) and 7 of the National Education Policy Act, 1996 (Act No. 27 of 1996) and sections 6(A) and 61 of the South African Schools Act, 1996 (Act. No. 84 of 1996), must give effect.
The policy document, A Résumé of instructional programmes in schools, Report 550 (2005/09) containing the programme requirements for current school education, has only a maintenance function at this stage and will be gradually replaced by a new policy document, namely the National Senior Certificate: A qualification at Level 4 on the National Qualifications Framework (NQF) which will accommodate the national norms and standards for school education as stipulated in section 3(4)(l) of the National Education Policy Act, 1996 (No. 27 of 1996).
A stipulation to provide for research for an experimental period.
This report gives a summary of the proposed instructional programmes in schools.
In this document an examined instructional offering is an instructional offering in which the achievement is definitely taken into account in the decision for promotion to the following level of education.
A non-examined instructional offering is an instructional offering in which the achievement is not necessarily taken into account in the decision for promotion to the following level of education.
First entered a South African school in Grade 7 or a more senior grade; that is.
Having begun his or her schooling at a school in South Africa, has attended school outside South Africa for two or more consecutive years after Grade 6, or its equivalent.
The relevant official documentation issued by the school where the learner entered the South African school system for the first time.
2(1)(c)(i) and (ii) above, need to offer only one official language, provided that another instructional offering is offered in lieu of the one language that is not offered.
A language qualified as a Second (Additional) Language, at the moment all eleven (11) official languages.
A language unqualified or qualified as a Third (Additional) Language. This group includes all languages in this Report which are not included in either paragraphs 2(1)(d)(i) and (ii) above. The qualification Third Language is therefore not necessary, and does not necessarily refer to the level offered.
An Approved Language, with regard to the language requirements (Group A instructional offering), is a language with a valid syllabus at First or Second Language level, as approved by the Minister of Education as national policy, and listed in this document.
Languages on Third Language level, as contained in this document, may only be offered as a Group D instructional offering.
A Language of Learning and Teaching in public schools must be an official language.
In this document an education department is a national or provincial education department.
In this document a public school may be an ordinary public school or a public school for learners with barriers to learning.
In this document a school means a public school or an independent school, which enrols learners in one or more grades between Grade 10 and Grade 12.
In cases where two languages are required, only one language at First Language level need be offered, provided that an additional instructional offering is offered in lieu of the second language.
(b). In cases of aurally impaired candidates whose language of instruction is not their mother tongue, the language referred to in paragraph 2(2)(a) above, may be offered on Second Language level.
The instructional offerings are listed alphabetically.
3rd digit: the instructional offering group as defined below.
4th digit: the grade of the instructional offering. The grades are defined below.
The Grade 12 programme requirements are applicable.
Lower Grade syllabi are only available for learners in special classes or schools.
The conversion of Standard Grade results to Lower Grade will only be available for candidates sitting for the final Senior Certificate examination.
One of the two languages is offered on the First Language level, and the other one on either First or Second Language level.
A maximum of two additional languages can be offered in this group, that is, of the minimum of six compulsory instructional offerings, a maximum of four languages can be offered, including the languages mentioned in paragraph 23(1)(a) of the Grade 12 programme requirements.
More languages may be offered if this is done in addition to the minimum prescribed curriculum, e.g. as a seventh and/or eighth instructional offering.
Internal assessment must be a compulsory component of the promotion marks. The internal assessment component must be 50% of the mark on the report card, or of the promotion mark.
In cases where learners offering subjects with an approved practical component are entitled to an additional 25% internal assessment mark, over and above the approved CASS mark, the pre-determined ceiling of 50% for internal assessment in Grade 10 shall, however, not be exceeded, and the additional 25% practical component allocated to subjects with an approved practical component shall be calculated as part of the 50% internal assessment mark.
The requirements in Grade 12 are applicable.
A maximum of two additional languages can be offered in this group, i.e. of the minimum of six compulsory instructional offerings, a maximum of four languages can be offered, including the languages mentioned in paragraph 23(1)(a) of the Grade 12 programme requirements.
Internal assessment must be a compulsory component of the promotion marks. The internal assessment component must be 25% of the mark on the report card, or of the promotion mark.
Learners with subjects with an approved practical component are entitled to an additional 25% internal assessment mark, over and above the approved CASS mark, provided that the practical component is either externally set or externally moderated. Learners offering subjects qualifying for an additional 25% practical component will be allocated a maximum internal assessment mark of 50%.
Physical Education: Boys; or Physical Education: Girls.
Bible Education; or Islamic Studies 180605812; or Islamic Studies 180693412; or Religious Education; or Right Living; or Scripture.
Subject to the provisions of section 16(4)(d) and (e) of the General and Further Education and Training Quality Assurance Act, 2001 (Act No.
One of the two languages is offered on the First Language level, and the other one, on either First or Second Language level.
A candidate may substitute the Language of Learning and Teaching and/or the Approved Language with Business English N3, First or Second Language, and/or Sakeafrikaans N3, First or Second Language, to comply with the language requirements for a Senior Certificate. For certification purposes, Business English N3, First Language and/or Sakeafrikaans N3 First Language, are regarded as equivalent to a Language of Learning and Teaching, or other Approved Language, First Language, Standard Grade at Senior Certificate level, while Business English N3, Second Language and/or Sakeafrikaans N3 Second Language, are regarded as equivalent to a Language of Learning and Teaching, or other Approved Language, Second Language, Standard Grade at Senior Certificate level.
A candidate presenting six instructional offerings shall not be allowed to offer more than four languages.
The same instructional offering shall not be taken on more than one of the Higher Grade or Standard Grade and in the case of languages at First as well as Second or Third Language level.
A candidate may not offer both Biology and Physiology.
A candidate may not offer more than one of Music HG/SG, Associated Board of Royal Schools of Music, or Trinity College of London Music, or UNISA Practical Music Examination as part of a six subject programme.
UNISA Performer's Licentiate in Music (HG Equivalence).
In the case of learners offering either the Associated Board of Royal Schools of Music Practical Music Examination or Trinity College of London Practical Music Examination, or UNISA Practical Music Examination, only the highest qualification obtained will be printed on the Senior Certificate.
Learners may not offer a music programme comprising a combination of Music, Associated Board of Royal Schools of Music Practical Music Examination, Trinty College of London Practical Music Examination and UNISA Practical Music Examination.
A candidate may not offer both Typing and Computyping. For recording purposes on the Senior Certificate, non-qualifying results below 35 words per minute will also be indicated on the Senior Certificate. All results obtained between 20 and 80 words per minute will be indicated in intervals of 5 words per minute, e.g. 20, 25, 30, 35, 4075, 80.
A candidate may not offer more than one of Mathematics HG/SG, Commercial Mathematics SG or Functional Mathematics SG.
A candidate may not offer both Physical Science HG/SG and Functional Physical Science SG.
Dance Performance SG will be restricted to those candidates offering Dance HG or SG.
A candidate may not offer more than one of Hotelkeeping-and Catering SG, Hospitality Studies SG, Reception Studies SG or Restaurant Studies SG. (Reception Studies SG and Restaurant Studies SG have been phased out. The pilot programme, Hospitality Studies Standard Grade 226297912 will be terminated in December 2004).
The above provisos will also be applicable to additional subjects, that is the seventh, eighth subject, and will therefore not be printed on the Senior Certificate.
Learners with subjects with an approved practical component are entitled to an additional 25% internal assessment mark, over and above the approved CASS mark, provided that the practical component is either externally set or externally moderated. Learners offering subjects qualifying for an additional 25% practical component, will be allocated a maximum internal assessment mark of 50%.
Subject to the provisions of Section 16(4)(d) and (e) of the General and Further Education and Training Quality Assurance Act, 2001 (Act No.
Passed at least five instructional offerings.
The Language of Learning and Teaching or Approved Language, Second Language Higher Grade in which at least 33,3% must be obtained.
Obtained at least 33,3% in all instructional offerings on the Standard Grade or Lower Grade.
Obtained at least 33,3% in Functional Mathematics and in Functional Physical Science.
Obtained at least 50% in the UNISA Practical Music Examination.
Obtained at least 65% in the Associated Board of Royal Schools of Music Music Practical Music Examination.
Obtained at least 65% in the Trinity College of London Practical Music Examination.
Obtained at least 33,3% in each, or at least five instructional offerings excluding Advanced Mathematics.
The five instructional offerings passed must include the two languages: One Language of Learning and Teaching, and one Approved Language. One of the afore-mentioned languages must be on First Language, and the other on First or Second Language level, as contemplated in paragraph 23(a)(i) above.
The Language of Learning and Teaching, or Approved Language, Second Language Higher Grade, which counts 300 marks.
Presented the instructional offerings as contemplated in paragraph 23 above, where all Standard Grade, Standard Grade equated and Lower Grade instructional offerings and Functional Mathematics and Functional Physical Science count 300 marks.
The original marks, which were obtained in an instructional offering, on the level on which that instructional offering was offered, are included.
Obtained an aggregate between 1 260 and 1 679 for a pass with merit and an aggregate of 1 680 or more for a pass with distinction. The criteria should apply irrespective of the number of Higher or Standard Grade subjects and whether the certificate was achieved with endorsement or not.
Approved Language, Second Language Higher Grade or in that Language of Learning and Teaching or Approved Language, First Language Standard Grade, and if a candidate obtains not less than 25% but less than 33,3% in the Language of Learning and Teaching or Approved Language, First Language Higher Grade, he or she shall be deemed to have passed with 33,3% in that Language of Learning and Teaching or Approved Language, Second Language Higher Grade or in that Language of Learning and Teaching or Approved Language, First Language Standard Grade.
If a candidate obtains not less than 25% but less than 33,3% in the Language of Learning and Teaching or Approved Language, Second Language Higher Grade, he or she shall be deemed to have passed with 33,3% in that Language of Learning and Teaching or Approved Language, Second Language Standard Grade.
If a candidate obtains not less than 33,3% but less than 40% in German First Language Higher Grade, he or she shall be deemed to have passed with 40% in German Third Language Higher Grade and if a candidate obtains not less that 25% but less than 33,3% in German First Language Higher Grade, he or she shall be deemed to have passed with 33,3% in German Third Language Standard Grade.
in that instructional offering on the Standard Grade.
If a candidate obtains not less than 25 but less than 33,3% in any instructional offering on the Standard Grade, he or she shall be deemed to have passed with 33,3% in such an instructional offering on the Lower Grade.
The prescriptions of paragraphs 26(1)(c), (d) and (e) also apply in cases where no official examination is taken in that instructional offering on the Standard or Lower Grade.
If a candidate obtains less than 40% in an instructional offering on the Higher Grade, with the exception of the Language of Learning and Teaching or Approved Language, Second Language Higher Grade, his or her result may be condoned by a maximum of 2% to a pass mark of 40% in that instructional offering on the Higher Grade.
If a candidate obtains less than 33,3% in the Language of Learning and Teaching or Approved Language, Second Language Higher Grade his or her result may be condoned by a maximum of 2% to a pass mark of 33,3% in that Language of Learning and Teaching or Approved Language, Second Language Higher Grade.
If a candidate obtains less than 33,3% in an instructional offering on the Standard or Lower Grade respectively, his or her result may be condoned by a maximum of 2% to a pass mark of 33,3% in that instructional offering on that specific grade.
The candidate's result for an instructional offering may be condoned by a maximum of 2% if he or she would thereby obtain 80% in that instructional offering.
The aggregate contemplated in paragraph 25(1)(l) may be condoned by a maximum of 10 marks to obtain the required minimum aggregate total of 720 marks.
Subject to the provisions of Section 16(4)(d) and (e) of the General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001), and subject to paragraph 29 of this document, a Senior Certificate will be issued to immigrant candidates who satisfy the requirements for the Senior Certificate contemplated in paragraph 23. However, immigrant candidates need only to present and pass one of the official languages, First or Second Language.
If they should obtain, not less than 30%, but less than 33,3% in that official language, First Language Standard Grade, they will be deemed to have passed with 33,3% in that official language, Second Language Standard Grade, and if they should obtain less than 30%, in a First Language on the Standard Grade, their result in that instructional offering can be condoned with a maximum of 2% to 30% and a conversion may then be applied after condonation, irrespective of the provision contained in paragraph 26(1).
Certificate of Education (GCE) of the United Kingdom or (b) an examination recognised by the Department of Education as equivalent to Higher Grade will be accepted as a pass in a Higher Grade instructional offering. The marks as supplied by the concerned examining body will be taken into account in the aggregate, or if the actual marks are not available the results will be converted in accordance with the table below, with the proviso that the candidate may not offer two similarly named languages.
* May be converted to a pass with an E-symbol on the O-Level.
The pass requirements of National Certificate: N3 instructional offerings are as contemplated in the Further Education and Training (FET) colleges' policy documents, namely Formal technical college instructional programmes in the RSA, Report 191 (2001/08) and Norms and standards for instructional programmes and the examination and certification thereof in technical college education, Report 190 (2000/03).
For purposes of comparison the level of the National Certificate: N3 instructional offerings contemplated in Reports 190 and 191 is equated to the Standard Grade level and for grouping purposes they are regarded as Group F instructional offerings. Subject to the provisions of Section 16(4)(d) and (e) of the General and Further Education and Training Quality Assurance Act, 2001 (Act No.
Who would thereby comply with the requirements for the issuing of a Senior Certificate by Umalusi, the Council for General and Further Education and Training.
May have either the marks of one National Certificate: N3 instructional offering condoned as described in the policy document Report 190, or the aggregate mark contemplated in paragraph 25(1)(l) of this report, condoned by a maximum of 10 marks to obtain the required minimum aggregate of 720 marks as contemplated in paragraph 27(1)(e).
Has obtained a minimum aggregate of 720 marks, provided that only the original marks obtained in the instructional offerings are included in this aggregate.
Which conducted examinations in terms of any law prior to the commencement of Section 9(1) of the South African Certification Act, 1986 (Act No. 85 of 1986) as amended by Section 16(4)(d) and (e) of the General and Further Education and Training Quality Assurance Act, 2001 (Act No.
Who after the commencement of the said section received a certificate from either the South African Certification Council, or Umalusi, the Council for General and Further Education and Training Quality Assurance, indicating that the candidate obtained certain credits, shall retain such credits for the Senior Certificate examination.
Associated Board of the Royal Schools of Music (ABRSM): Practical Music Examination Grade 6 ABRSM Music Theory Grade 6 Music SG 65% Percentage: 65% X 3 (Max.
Associated Board of the Royal Schools of Music (ABRSM): Practical Music Examination Grade 7 ABRSM Music Theory Grade 6 Music HG 65% Percentage: 65% X 4 (Max.
Associated Board of the Royal Schools of Music: Practical Music (ABRSM) Examination Grade 8 ABRSM Music Theory Grade 7 Music HG 65% Percentage: 65% X 4 (Max.
Associated Board of the Royal Schools of Music: Practical Music (ABRSM) Examination Performer's Diploma ABRSM Music Theory Grade 8 Music HG 65% Percentage: 65% X 4 (Max.
Associated Board of the Royal Schools of Music (ABRSM): Practical Music Examination Performer's Licentiate in Music ABRSM Music Theory Grade 8 Music HG 65% Percentage as from 65% X 4 (Max.
Trinity College of London (TCL): Practical Music Examination Grade 7 TCL Grade 6 Music Theory Music HG 65% Percentage: 65% X 4 (Max.
Trinity College of London (TCL): Practical Music Examination Grade 8 TCL Grade 7 Music Theory Music HG 65% Percentage: 65% X 4 (Max.
Trinity College of London (TCL): Performer's Certificate in Music TCL Grade 8 Music Theory Music HG 65% Percentage: 65% X 4 (Max.
Trinity College of London (TCL): Associate Performer's Licentiate in Music TCL Grade 8 Music Theory Music HG 65% Percentage: 65% X 4 (Max.
Trinity College of London: Performer's Licentiate in Music TCL Grade 8 Music Theory Music HG 65% Percentage: 65% X 4 (Max.
Unisa Practical Music Examination Grade 7 UNISA Grade 5 Theory Music HG 50% Percentage: 50% X 4 (Max.
Unisa Practical Music Examination Grade 8 UNISA Grade 6 Theory Music HG 50% Percentage: 50% X 4 (Max.
Unisa Performer's Licentiate in Music UNISA Grade 7 Theory Music HG 50% Percentage: 50% X 4 (Max.
A maximum of one of the Associated Board of Royal Schools of Music, or Trinity College of London, or UNISA Practical Music Examination, Grades 6, 7, or 8, or the Performer's Licentiate in Music may be offered in combination with Senior Certificate instructional offerings.
In the case of a seven, or seven plus instructional offering combination, the aggregate will be determined on the basis of the marks obtained for the two required languages and the four best marks for the instructional offerings for South African learners, and on the one required language and the marks for the five best instructional offerings for immigrant candidates.
No conversion or condonation will apply to the relevant music examination results.
The Associated Board of Royal Schools of Music, or Trinity College of London, or UNISA Practical Music Examination, Grades 6, 7, or 8, or the Performer's Licentiate in Music may not be offered in combination with Music Higher Grade or Standard Grade.
Standard Grade as a recognised Senior Certificate instructional offering as stipulated in this policy document.
Learners offering one of the Associated Board of Royal Schools of Music, or Trinity College of London, or UNISA Practical Music Examination, Grades 6, 7, or 8, or the Performer's Licentiate in Music as part of their Senior Certificate programme, must also offer and pass at the levels required by the examining authorities the relevant theoretical components as stipulated in paragraph 30(2)(a).
The theoretical prerequisite for the Associated Board of Royal Schools of Music, or Trinity College of London, or UNISA Practical Music Examination, Grades 6, 7, or 8, or the Performer's Licentiate in Music need not be passed simultaneously with the applicable practical components (Grades 6, 7, 8 and Performer's Licentiate in Music), but must be passed before recognition can be given to the relevant Associated Board of Royal Schools of Music, or Trinity College of London, or UNISA Practical Music Examination.
In the case of learners presenting six or more approved Senior Certificate instructional offerings in combination with one of the Associated Board of Royal Schools of Music, or Trinity College of London, or UNISA Practical Music Examination, Grades 6, 7, or 8, or the Performer's Licentiate in Music and the prerequisite theoretical components, these examinations may be offered and passed at an earlier date than the final Senior Certificate examination.
The concession stipulated in paragraph 30(2)(i), is only applicable to learners who must still write the Senior Certificate examination, i.e. post-1999 Senior Certificate candidates for an approved UNISA Practical Music Examination, the post-2003 Senior Certificate candidates for an approved Trinity College of London Practical Music Examination and the post-2004 Senior Certificate candidates for an approved Associated Board of Royal Schools of Music of Music Practical Music Examination.
Learners may not offer a music programme comprising a combination of Music, Associated Board of Royal Schools of Music Practical Music Examination, Trinity College of London Practical Music Examination and UNISA Practical Music Examination.
If a full-time candidate qualifies for a Senior Certificate in one examination session and also passed N3 subjects as a seventh/eighth subject(s) not more than 12 months prior to, or simultaneously with, the Senior Certificate examination, and has been certified on a subject certificate prior to the application for the replacement, a combination of the Senior Certificate and N3 results will be allowed. This practice will be terminated in 2005. The last cohort of learners that will be certified taking into account the N3 and Senior Certificate subjects where the candidate qualified for a senior certificate in one examination session, will be in 2004. The N3 credits will be certified on a subject certificate. This practice will be terminated in 2011 when the Senior Certificate will be phased out.
If a full-time candidate does not qualify for the Senior Certificate, but has N3 subject credits, these results can be combined for a Senior Certificate by requesting a replacement certificate, provided that the N3 subject has already been certified, and further provided that subjects with the same origin will not be certified. The examination date on which the subject was passed will be reflected on the certificate.
If a candidate obtained a Senior Certificate with matriculation endorsement and also passed an N3 subject as a seventh subject, the N3 subject information can be printed on the certificate but will not be taken into account for mark calculation purposes when endorsement is at stake. The N3 subject will, however, only be printed if it was passed not more than 12 months prior to the Senior Certificate examination, and has been certified on a subject certificate prior to the application for the replacement. This practice will be allowed for the last time in 2004. The 2005 cohort of learners that offered a N3 subject prior to or simultaneously with the Senior Certificate examination will only receive a subject certificate reflecting the N3 credit.
In cases where, in the process of developing policy, it may be necessary to deviate from existing national policy for research purposes, the Minister of Education will consider substantiated requests to this effect from a provincial education department, via the Heads of Education Department Committee (HEDCOM) with due observance of the normal advice and consultation processes.
A breakdown of the implications of the research with regard to curriculum frameworks, core syllabi and education programmes, learning standards, examinations and the certification of qualifications.
Conditions for examination and certification.
The pilot programme, Hospitality Studies Standard Grade in schools and FET colleges.
The pilot programme, Hospitality Studies Standard Grade (226297912) may only be offered by schools, which have been nominated by their respective provincial education departments. The experimental status of the Hospitality Studies programme has been extended for a further three years until December 2004, or until such time that similar programmes for the National Qualifications Framework (NQF) Level 4 in the Further Education and Training Band (FET) have been developed.
In accordance with Section 16(7), of the General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001) the Senior Certificate of a candidate, as contemplated in paragraphs 1 to 30 may, with the approval of Higher Education South Africa (HESA), or a similar body recognised by the Minister to determine the requirements for admission to study at a group of educational institutions, be endorsed by Umalusi, the Council for General and Further Education and Training Quality Assurance to the effect that it complies with the minimum requirements for admission to study at a university, technikon or member of such other group of institutions, as the case may be. The remarks in the Grade 12 "programme of study" are applicable.
The Gauteng Youth College Programme is targeted at enabling adults or out of school youth, older than 18 years of age, to further their education and training with the aim to obtain a Senior Certificate.
ASECA Integrated Social Studies (225100214), which is equivalent to a Social Science instructional offering on the Higher Grade.
ASECA Combined Science, which is equivalent to a Physical or Life Science instructional offering on the Higher Grade.
ASECA Advanced Mathematics (162100314) which is equivalent to Mathematics Higher Grade.
ASECA Mathematics (162200414) which is equivalent to Mathematics Standard Grade.
Intermediate Mathematics 162200514 which is equivalent to Functional Mathematics Standard Grade.
The Gauteng Youth College Programme should be implemented on an experimental basis until December 2004, or until such time as a National Senior Certificate could be issued.
Implementation should be outside the formal school sphere.
The target learners should be adults or out of school youth, older than 18 years of age.
The syllabuses should be acceptable for university admission purposes, as agreed to by Higher Education South Africa (HESA).
A candidate may substitute one of the two required official languages with ASECA Communication in English, if English is not the instructional offering passed under paragraph 23(1)(a)(i) A of the Grade 12 requirements in this Report.
A candidate may substitute one of the two required official languages with Business English N3, First or Second Language, and/or Sakeafrikaans N3, First or Second Language, to comply with the language requirements for a Senior Certificate. For certification purposes, Business English N3, First Language and/or Sakeafrikaans N3 First Language, are regarded as equivalent to an official language, First Language, Standard Grade at Senior Certificate level, while Business English N3, Second Language and/or Sakeafrikaans N3 Second Language, are regarded as equivalent to an official language, Second Language, Standard Grade at Senior Certificate level.
The same instructional offering shall not be taken on more than one of the Higher Grade or Standard Grades and in the case of languages at First as well as Second or Third Language level.
A candidate may not offer more than one of Music HG/SG, Associated Board of Royal Schools of Music, or Trinity College of London Music, or UNISA Practical Music Examination as part of a six-subject programme.
In the case of learners offering either the Associated Board of Royal Schools of Music Practical Music Examination or Trinity College of London Practical Music Examination, or UNISA Practical Music Examination, only the highest qualification obtained will be indicated on the Senior Certificate.
With regard to the ASECA instructional offerings, continuous assessment as specified in the relevant syllabi, will be applicable.
Continuous assessment must be a compulsory component of the promotion marks for instructional offerings listed in the Grade 12 requirements of this document. A continuous assessment component of 25% should be included in the final Senior Certificate examination at Grade 12.
The official language, Second Language Higher Grade in which at least 33,3% must be obtained.
ASECA Mathematics and ASECA Intermediate Mathematics in which at least 33,3% must be obtained.
Obtained at least 33,3% in all instructional offerings on the Standard Grade as listed in the Grade 12 requirements of this document.
Obtained at least 33,3% in Functional Mathematics and in Functional Physical Science as listed in the Grade 12 requirements of this document.
Obtained at least 33,3% in each, or at least five instructional offerings excluding Advanced Mathematics listed in the Grade 12 requirements of this document.
The five instructional offerings passed must include the two official languages. One of the afore-mentioned languages must be on First Language, and the other First or Second Language level, as contemplated in 23(1)(a)(i) of the Grade 12 requirements of this document.
Functional Mathematics and Functional Physical Science (listed in the Grade 12 requirements of this document), which count 300 marks.
If a candidate obtains not less than 33,3% but less than 40% in an official language, First Language Higher Grade, he or she shall be deemed to have passed with 40% in that official language, Second Language Higher Grade or in that official language, First Language Standard Grade, and if a candidate obtains not less that 25% but less than 33,3% in an official language, First Language Higher Grade, he or she shall be deemed to have passed with 33,3% in that official language, Second Language Higher Grade or in that official language, First Language Standard Grade.
Teaching or Approved Language, Second Language Standard Grade.
If a candidate obtains not less than 33,3% but less than 40% in ASECA Communication in English, which is equivalent to English Second Language Higher Grade, he or she shall be deemed to have passed with 40% in ASECA Communication in English equated to Higher Grade, and if a candidate obtains not less than 25% but less than 33,3% in ASECA Communication in English Higher Grade, he or she shall be deemed to have passed with 33,3% in ASECA Communication in English equated to Standard Grade.
If a candidate obtains not less than 33,3% but less than 40% in ASECA Integrated Social Studies, which is equivalent to a Social Science instructional offering on the Higher Grade, he or she shall be deemed to have passed with 40% in ASECA Integrated Social Science equated to Standard Grade, and if a candidate obtains not less that 25% but less than 33,3% in ASECA Integrated Social Science, he or she shall be deemed to have passed with 33,3% in ASECA Integrated Social Science equated to Standard Grade.
If a candidate obtains not less than 33,3% but less than 40% in ASECA Combined Science, which is equivalent to a Physical or Life Science instructional offering on the Higher Grade, he or she shall be deemed to have passed with 40% in ASECA Combined Science, and if a candidate obtains not less than 25% but less than 33,3% in ASECA Integrated Sciences, he or she shall be deemed to have passed with 33,3% in ASECA Integrated Sciences equated at Standard Grade.
ASECA Advanced Mathematics, which is equivalent to Mathematics Higher Grade, he or she shall be deemed to have passed with 40% in ASECA Advanced Mathematics equated at Standard Grade level, and if a candidate obtains not less than 25% but less than 33,3% in ASECA Advanced Mathematics, he or she shall be deemed to have passed with 33,3% in ASECA Advanced Mathematics equated at Standard Grade.
If a candidate obtains not less than 33,3% but less than 40% in any other Higher Grade instructional offering as listed in the Grade 12 requirements of this document than those mentioned in paragraphs 7(1)(a) to (f), excluding an official language, Second Language Higher Grade he or she shall be deemed to have passed with 40% in that instructional offering on the Standard Grade, and if a candidate obtains not less than 25% but less than 33,3% in such a Higher Grade instructional offering, he or she shall be deemed to have passed with 33,3% in that instructional offering on the Standard Grade.
If a candidate obtains not less than 25% but less than 33% in any instructional offering on the Standard Grade, or in ASECA Mathematics which is equivalent to Mathematics Standard Grade, or in Intermediate Mathematics which is equivalent to Functional Mathematics Standard Grade, he or she shall be deemed to have passed with 33,3% in such an instructional offering on the Lower Grade.
If a candidate obtains less than 40% in an instructional offering on the Higher Grade, with the exception of the official language, Second Language Higher Grade, or in an ASECA instructional offering equated at Standard Grade level, his or her result may be condoned by a maximum of 2% to a pass mark of 40% in that instructional offering on the Higher Grade.
If a candidate obtains less than 33,3% in the official language, Second Language Higher Grade his or her result may be condoned by a maximum of 2% to a pass mark of 33,3% in that official language, Second Language Higher Grade.
If a candidate obtains less than 33,3% in an instructional offering on the Standard Grade his or her result may be condoned by a maximum of 2% to a pass mark of 33,3% in that instructional offering on Standard Grade.
The requirements and provisos regarding bona fide immigrant candidates as stipulated in paragraph 28 of the Grade 12 programme requirements in this document regarding the immigrant are also applicable to the Gauteng Youth College Programme.
Paragraphs 29 and 30 of the Grade 12 programme requirements in this document regarding the recognition of instructional offerings passed in the Senior Certificate examination of other examining bodies or in the National Certificate: N3 examination, are also applicable to the Gauteng Youth College Programme.
Passes in an official language First Language Higher Grade.
Passes in another official First Language Higher Grade, or Second Language Higher Grade instructional offering, or ASECA Communication in English, if English is not the instructional offering passed under paragraph 23(1)(a)(i) of the Grade 12 requirements in this document.
Passes another ASECA instructional offering approved by HESA, or a Senior Certificate instructional offering approved by HESA.
Obtains at least 20% in a sixth instructional offering which may be either a Senior Certificate instructional offering approved by HESA, or another ASECA instructional offering approved by HESA.
A combination of four Higher Grade instructional offerings, or instructional offerings equivalent to Higher Grade instructional offerings, or combinations of such instructional offerings must be passed.
<fn>GOV-ZA.26383En.2012-02-10.en.txt</fn>
Vol. 467 Cape Town 20 May 2004 No.
STAATSKOERANT, 20 ME1 2004 No.
TheMinister of Finance intends tabling the Public Investment Corporation Bill, 2004 in Parliament duringthecurrent Parliamentary term.
of the Rules of the National Assembly. Interested persons and institutions are invited to submit written representation on the Bill to the Secretary to Parliament by no later than 18June 2004.
Email: ahermansQparliament, go~za jmichaelsBparliament.gov.
To providefortheestablishment of ajuristicpersonknownasthePublic Investment Corporation and for the transfer of the of rights, obligations and assets commissioners to the corporation; to provide for the investment by the corporation of certain money received or held by, for or on behalf of the Government of the Republic and certainbodies, councils, fundsandaccounts;toregulatecertain activities of the corporation relating to the management of investments; to repeal the Public Investment Commissioners Act and to terminate the term of office of all the commissioners; and to provide for matters connected therewith.
i<commissioners" means the publicinvestmentcommissioners referred to in section 2 of the Public Investment Commissioners Act (Act No. 45 of 1984); "Companies Act" means the Companies Act, 1973 (Act No. 61 of 1973); "Corporation" means the corporation established by section 2(1); "department" means the National Treasury established in terms of section 5 of the 10 Public Finance Management Act, 1999 (Act No. 1 of 1999); "deposit" means an amount of money other than that forming partof the National Revenue Fund as contemplated in the Public Finance Management Act, 1999 (Act No.
CorporationforPublicDepositsAct,1984 (Act No. 46 of 1984), 25 and, except for the purposes of section 11(I), includes an amount of money received or held by, for or on behalf of a person or body referred to in that section; "FAIS Act" means the Financial Advisory and Intermediary Services Act, 2002 (Act No.
means the Public Investment Commis-sioners Act, 1984 (Act No. 45 of 1984); "the Registrar" means the Registrar or deputy registrar of financial services 35 providers referred to in section 2 of the FAIS Act: "state" means the National Government.
(a)Subject to paragraph (b),any reference in any law to the commissioners must be construed as a reference to the corporation.
if such amount of money may or is required to be invested in such a manner that it is required to be repaid ondemand, as a reference to a provision requiring authorising, as the case may be, the investment of such amount of money with the corporation referred to in section 3 of the Corporation for Public Deposits Act, 1984 (Act 46 of 1984).
(a)Subject to paragraph (b)the provisions of the Companies Act whichare not in conflict with this Act, applyto the corporation.
There is hereby established a juristic person, an institution outside the public service, to be known as the Public Investment Corporation Limited.
The Registrar of Companies must enter the nameof the corporation in theregister kept in termsof the Companies Act and shall issue certificate to that to the corporation a effect.
Despite the Companies Act, the Minister, on behalf of the state, must sign the memorandum of association and the articles of association of the corporation.
On signature of the memorandum of association and the articles of association in terms of subsection (3), such memorandum and articles mustbe regarded as complying with the requirements of the Companies Actfor registration in terms of the said. Act.
On receipt of the signed memorandum and articles, the registrar of companies must register the said memorandum and articles as contemplated in section 63 of the Companies Act and endorse thereon a certificate to the effect that the corporation is incorporated.
No fees are payable in terms of the Companies Act in respectof the checking of documents, thereservation of name, theregistration of the said memorandumand articles and the issue of a certificate to commence business.
Capital Share of Corporation,.
1j The state is the sole holder of the shares in the corporation.
The rights attached to the shares in the corporation, of which the state is the holder, must be exercised by the Minister on behalf of the state.
(3)The Minister, in consultation with Cabinet, may at any time dispose of all or any part of the shares held by the state in the corporation.
The main object of the corporation is to bea financial services provider in terms of the FAIS Act.
The corporation has a11 the powers necessary to enable it to realise its objects, including such powersas may be prescribed by regulation, unless expressly excluded or qualified by this Act.
The Minister must, in consultation with Cabinet, determine and appoint the members of the board.
The members of the board must be appointed on the grounds of their knowledge and experience, with due regard to the FAIS Act, which, when considered collectively, should enable the board to attain the objects of the corporation.
The Minister may issue directivesto the board of directors regarding the management of the corporation.
The board may establish such committees, consisting of directors, as it considers necessary.
The board must determine the functions of the committees and the procedure to be followed when the chairpersons of the committees are elected.
(3)Any person with expert knowledge of a function of a committee may be co-opted by such on such terms the may determine.
Subject to the provisions of this Act, the board must control the business of the corporation, direct the operations of the corporation and exercise all such powers of the corporation as are not in terms of this Act required to be exercised by the shareholders meetingofathe corporationat of shareholders.
The Registrar must, notwithstanding any provision to the contrary in the FAIS Act, on a date to be determined by the Minister, register the corporation as a financial services provider, as contemplated in section 7 of the FAIS Act.
No fee, as contemplated in section 41 of the FAIS Act, is payable in respect of the registration of the corporation as a financial services provider.
Neither the registrar nor the corporation may terminate the registration of the corporation referred to in subsection (1) without the consent of the Minister.
(1)The corporation may invest every deposit or portions of a deposit, regard being had to the period, if any, after the expiration of which such a deposit or portions of such a deposit may again become necessary for use, on behalf of the depositor concerned in accordance with the investment policy of the corporation.
The board must adopt an investment strategy with guidelines to regulate the investment of deposits and othermoney to referred in section 11.
(1)The Minister may, if it is in the public interest, authorisegenerally or in respect of a particular case, any person or body receiving or holding within or outside the Republic, amounts of money other than deposits to pay those amounts of money or portions thereof to the corporation for investment as if those amounts of money were deposits.
(2)The corporation may receive for investment amounts of money other than deposits and those amounts contemplated in subsection (1).
(a)With effect from a date to be determined by the Minister by notice in the Gazerre, the commissioners cease to exist and the term of oEce of each commissioner terminates.
With effect from the datecontemplated in paragraph (a), all of the assets, liabilities, rights and obligations of the commissioners are transferred to the corporation.
(c)The board must ensurethat the necessary formalitiesto give effect to paragraph (b) are complied with.
The value of the assets and liabilities referred to in subsection(1)mustbe determined by the Minister after consultation with the commissioners.
If any doubt arises as to whether m-y assets, liabilities, rights or obligations for 5 purposes of this Act pertains to or is connected with the commissioners the department or anyone else, the Minister must make a determination in this regard.
(4)The corporation must be substituted for the commissioners, as contracting party in respect of all contracts transferred to the corporation in terms of subsection (l), without such substitution bringing about novationof such contract.
(5)The corporation must, as consideration for the transfer of assets, liabilities, rights or obligations in terms of subsection (l), issue to the state fully paid up shares in the corporation to a valuedetermined by theMinister, after consultation withthe corporation, and such value must be regarded for such as being reasonable consideration transfer.
Despite the Government Employees Pension Law, 1996 (ProclamationNo. 21 of 1996) or any other law, all persons referred to in subsection (7) remain members of the 25 GovernmentEmployeesPensionFundreferred to in section 2 of the Government Employees Pension Law, 1996.
For purposes of the Income Tax Act, 1962 (ActNo.
it is regarded that no change of employer took placein respect of an employee referred to in subsection (7).
Despite the repeal of the PublicInvestmentCommissionersActinterms of section 18, anything done in terms of that Act which may be done under or in terms of this Act, continues to be valid and of full force and effect.
1999(Act No. 1of 1999).
The declaration of dividends must be authorised by the board and approved by the Minister.
The corporation may not be wound up except in terms of an Act of Parliament.
No person, association, corporation or other statutory body or company shall carry on business or be registered under an Act of Parliament, with a name identical to that of the corporation, or resembling the name of the corporation to such an extent that it is deceptive.
The Minister may, by notice in the Gazette, make regulations with regard to any matter which is necessary to prescribe for the proper implementation or administration of this Act.
Repeal of Law 10 18. The Public Investment Commissioners Act,1984(Act No. 45 of 1984),is hereby repealed.
This Act is called the Public Investment Corporation Act,2004, and comes into operation on a date fixed bythePresidentbyproclamationintheGazette.
NfEMORANDUM ON THE OBJECTS OF THE PUBLIC INVEST- MENT CORPORATION BILL. 2004 1.
35 of 1984 ("the Act"). The commissioners are of certain monies received or held responsible for the investment by, for or on behalfof the Government and certain bodies, councils, funds and accounts. The Act does not provide for the creation of any juristic body and the activitiesof the commissioners are therefore curtailed.
1.2 Theactivities of thecommissioners, weresimilar to those of anyother investment manager although they are not registered in terms of the Financial Markets Control Act, 1989 (ActNo. 55 of 1989) and the Stock Exchanges Control Act, 1985 (Act No. 1of 1985). The Bill seeks to provide that the Financial Advisory and Intermediary Services Act (Act No. 37 of 2002) ("the FAIS Act") regulates the said activities.
2.1 The object of the Bill is to establish a statutory corporation to be known as the Public Investment Corporation Limited.
2.2 Theentireoperation of the commissioners, comprisingthe assets, liabilities, rights and obligations, will be transferred to the corporation on a date to be determined by the Ministerof Finance. The Ministerof Finance shall also determinea date onwhich the Registrar of Financial Services Providers shall register the corporationas a financial services provider, as contemplated in the FAIS Act.
2.3 The corporation will, after registration as a financial services provider, manage depositsreceivedfromGovernmentandotherpublic institutions as well as money received from any otherperson. The board of directors of thecorporation shall determine all policies and investment guidelines of the corporation.
There are no financial implications for the state. The state stands to gain from tax collections as well as dividend payments from the establishment of the corporation.
The State Law Advisers and the National Treasury are of the opinion that this Bill must be dealt with in accordance with the procedure established by Section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or section 76 of the Constitution applies.
<fn>GOV-ZA.263En.2012-02-10.en.txt</fn>
South Africa Government Services www.services.gov.
Have you passed matric and want to further your studies You can register at a university or university of technology of your choice if you qualify?
Tertiary institutions are public and private universities and universities of technology. Universities offer academic and professional programmes and universities of technology offer vocational-oriented programmes.
The minimum admission requirements for university undergraduate studies is a Senior Certificate with exemption but for a university of technology, it is just a Senior Certificate (matric pass). If you are 23 years or older and you do not have a Senior Certificate with exemption, you can apply for conditional exemption when you apply for admission to university. Institutions have various requirements for admission to the programmes they offer.
If you are an international student, you must first apply for a study permit at the South African High Commission, Embassy, Consulate or Trade Mission in your country of origin. Your foreign qualifications must first be evaluated by the South African Qualification Authority (SAQA) before you register. Evaluations may take up to 16 days.
Choose a course your entry scores and requirements of the institution.allow you to study.
If you enroll at a private institution, check if it is registered with the Department of Education.
Apply for admission directly to the institution of your choice.
Complete the institution's prescribed application form.
Submit the application form and all the required documentation to the institution.
o a study permit o a student visa o the evaluation of your earlier qualifications by SAQA.
It may take 5 months.
Study fees vary from institution to institution.
Registration forms are available at institutions.
Web address www.ul.ac.
<fn>GOV-ZA.26462En.2012-02-10.en.txt</fn>
An addendum to the policy document, the National Senior Certificate: A qualification at Level 4 on the National Qualifications Framework (NQF), regarding the National Protocol for Assessment (Grades R - 12), published by means of Government Notice No.1267 in Government Gazette No.
Sol Plaatje House 123 Schoeman Street Private Bag X895 Pretoria 0001 South Africa Tel: +27 12 312-5911 Fax: +27 12 321-6770 120 Plein Street Private Bag X9023 Cape Town 8000 South Africa Tel: +27 21 465-1701 Fax: +27 21 461-8110 http://www.education.gov.
The National Protocol for Recording and Reporting standardises the recording and reporting processes for schools (Grades R - 12) within the framework of the National Curriculum Statements for Grades R - 9 & 10 - 12. It also provides a regulatory framework for the management of school assessment records and basic requirements for learner profiles, teacher portfolios, report cards, record sheets and schedules.
This protocol should be read with the following national regulatory frameworks and guidelines: the National Curriculum Statement Grades R - 9 (2002) and Grades 10 - 12 (2004), Education White Paper 6 (Special Needs Education, 2001), Language-in-Education Policy (1997), South African Schools Act (1996) and Assessment Guidelines. Assessment Guidelines provide information and direction on the implementation of this protocol. These guidelines also provide exemplars that focus on practical implications of this protocol for teachers and schools.
This protocol provides requirements and examples for the design of learner profiles, teacher portfolios, report cards, record sheets and schedules. The Department of Education, the Provincial Departments of Education and schools are responsible for developing a recording and reporting system that is aligned with the requirements specified.
The Department of Education will design all learner profiles and schedules and determine the criteria for record sheets and report cards. The Provincial Departments of Education will provide schools with pre-printed learner profiles and schedules. Schools will develop record sheets and report cards using the specified criteria. The security of the learner profiles and the updating of required information in the learner profiles rest with the school management.
Assessment is a process of collecting, analysing and interpreting information to assist teachers, parents and other stakeholders in making decisions about the progress of learners. The National Curriculum Statement is the formal curriculum in South African schools. As such the National Curriculum Statement provides a framework for assessment in Grades R - 12 which is based on the principles of outcomes-based education.
Classroom assessment should provide an indication of learner achievement in the most effective and efficient manner by ensuring that adequate evidence of achievement is collected using various forms of assessment. The intention of this protocol is to regulate how evidence of learner performance is recorded and reported.
Classroom assessment should be both informal and formal. In both cases regular feedback should be provided to learners to enhance the learning experience.
Informal or daily assessment is the monitoring of learners' progress. This is done through observations, discussions, learner-teacher conferences, informal classroom interactions, etc. Informal assessment may be as simple as stopping during the lesson to observe learners or to discuss with the learners how learning is progressing. Informal or daily assessment should be used to provide feedback to the learners and to improve teaching.
Formal assessment provides teachers with a systematic way of evaluating how well learners are progressing in a grade and in a particular Learning Programme/ Learning Area/ Subject. Examples of formal assessments include projects, oral presentations, demonstrations, performances, tests, examinations, practical demonstrations, etc.
The forms of assessment used should be appropriate to the age and the developmental level of the learners in the phase. The assessment tasks should be carefully designed to cover the Learning Outcomes and Assessment Standards of the Learning Programme/ Learning Area / Subject. The design of these tasks should therefore ensure that a variety of skills are assessed. Refer to the Assessment Guidelines for examples of tasks.
Progression (Grades R-8) and promotion (Grades 9-12) of learners to the next grade should be based on recorded evidence in formal assessment tasks. This means that those tasks that are used for formal assessment are recorded and should be used to decide whether a learner should progress or be promoted to the next grade. These requirements are indicated in paragraphs 18(2)(a), 19(3)(a), 20(2)(a), 20(3)(b), 21(2)(a) and 21(3)(a).
Teachers are required to record learner performance in all formal assessment tasks. They are not required to record performance in informal or daily assessment tasks. Teachers may however, choose to record performance in informal or daily assessment tasks in some cases to support the teaching and learning process.
The teacher must submit the annual formal programme of assessment to the School Management Team (SMT) before the start of the school year. This will be used to draw up a school assessment plan in each grade. The school assessment plan should be provided to learners and parents in the first week of the first term.
Recording is a process in which the teacher documents the level of a learner's performance. In South African schools, this should indicate the progress towards the achievement of outcomes set in the National Curriculum Statement. Records of learner performance should provide evidence of the learner's conceptual progression within a grade and her/ his readiness to progress to the next grade. Records of learner performance should also be used to verify the progress made by teachers and learners in the teaching and learning process. Records should be used to monitor learning and to plan ahead.
Reporting is a process of communicating learner performance to learners, parents, schools and the other stakeholders such as the employers, tertiary institutions, etc. Learner performance can be reported in a number of ways. These include report cards, parents' meetings, school visitation days, parentteacher conferences, phone calls, letters, class or school newsletters, etc.
provide learners with regular feedback - this feedback should be developmental in purpose.
inform parent(s)/guardian(s) on the progress of the individual learner.
give information to schools and districts or regional offices on the current level of performance of learners.
inform intervention strategies.
The language in which recording and reporting is done should be in accordance with the Language of Learning and Teaching (LoLT) as informed by the Language-in-Education Policy. In the case of dual medium schools, one of the languages used as LoLT should be utilised for reporting purposes, while the language of recording should be any of the languages used for learning and teaching.
Learning Outcomes (LOs) and Assessment Standards (ASs) should be used to inform the planning and development of assessment tasks. However, recording and reporting of learner performance is against the assessment task and not the Learning Outcomes.
Teachers should show in their portfolios that they have covered all Learning Outcomes in the formal tasks set.
National codes and/or marks, percentages and comments can be used for recording and reporting purposes.
Foundation Phase (Grades R - 3): Record and report in national codes and their descriptors.
Intermediate Phase (Grades 4 - 6): Record and report in national codes and their descriptors and percentages.
Senior Phase (Grades 7 - 9): Record and report in national codes and their descriptors or percentages.
Grades 10 - 12: Record in marks and report in percentages.
The schedule and the report card should indicate the overall level of performance of a learner.
In the case of Languages or the Literacy Learning Programme, each language that the learner offers should be recorded and reported on separately according to the different levels on which they are offered. For example, Home Language - English, First Additional Language - IsiXhosa, Second Additional Language - Afrikaans.
The number of formal assessment tasks to be recorded in each phase is provided in paragraphs 18(2)(a), 19(3)(a), 20(2)(a), 20(3)(b), 21(2)(a) and 21(3)(a).
The recorded pieces of evidence should reflect a variety of forms of assessment. More information on this is provided in the Assessment Guidelines.
Teachers must report regularly to learners and parents on the progress of learners. Schools are required to provide feedback to parents on the programme of assessment using a formal reporting tool such as a report card. In addition to the report cards, other reporting mechanisms such as parents' meetings, school visitation days, parent-teacher conferences, phone calls, letters, class or school newsletter, etc. may be used. The school will determine the format of these reporting strategies.
The national codes and their descriptors provided in Table 1 should be used for recording and reporting learner performance in the Foundation Phase (Grades R - 3). Comments should be used to describe learner performance.
In the Foundation Phase, the recording and reporting of learner performance should be against the three Learning Programmes offered, that is Literacy, Numeracy and Life Skills. In the main, assessment tasks for the three Learning Programmes in the Foundation Phase will be developed against the Learning Outcomes and the Assessment Standards defined in the Languages, Mathematics and Life Orientation Learning Areas respectively. The Learning Outcomes of the other five Learning Areas should be planned for, taught and assessed in an integrated manner within the three Learning Programmes and should not be recorded separately.
3 are set out in Table 2 below. This also gives the number of assessment tasks per Learning Programme required in the Foundation Phase.
Life Skills (Life Orientation) 1 1 1 1 4 19.
The national codes together with either percentages or descriptors provided in Table 3 should be used for recording and reporting learner performance in the Intermediate Phase (Grades 4 - 6). Comments should be used to describe learner performance.
In the Intermediate Phase (Grades 4 - 6), the recording and reporting of learner performance in the formal assessment tasks should be against the eight Learning Areas prescribed in the National Curriculum Statement for Grades R - 9.
The requirements for formal recorded assessment for Grades 4 - 6 are set out in Table 4. This also gives the number of recordings per Learning Area required in the Intermediate Phase. Teachers should note that the Programme of Assessment should be integrated in the development of the Learning Programme, Work Schedule and the Lesson Plan.
Arts and Culture 1 1 1 1 4 20.
The national codes together with either the descriptors or percentages provided in Table 5 should be used for recording and reporting learner performance in Grades 7 - 9. Comments should be used to qualify learner performance.
The requirements for formal recorded assessment for Grades 7 and 8 are set out in Table 6 below which gives the number of recordings per Learning Area required in the two grades. Teachers should note that the Programme of Assessment should be integrated in the development of the Learning Programme, Work Schedule and the Lesson Plan.
In Grade 9 the internal Programme of Assessment constitutes 75% of the final result of the learners and evidence of learners' work in these tasks should be easily located for moderation purposes. The external Common Tasks for Assessment (CTA) in Grade 9 count 25% of the final assessment and make up the assessment tasks for term 4.
The requirements for formal recorded assessment for Grade 9 are set out in Table 7 below which gives the number of recordings per Learning Area required in the grade.
In Grades 7 - 9 the recording and reporting of learner performance in the formal assessment tasks should be against the Learning Areas prescribed in the National Curriculum Statement for Grades R - 9.
The national codes and related percentages to be used for recording and reporting learner performance in Grades 10 - 12 are provided in Table 8 below. Comments should be used to describe learner performance.
In Grades 10 - 12 the recording and reporting of learner performance in the formal assessment tasks should be against the Subjects prescribed in the National Curriculum Statement for Grades 10 - 12.
The requirements for formal recorded assessment for Grades 10 and 11 are summarised in Table 9. The total number of assessment tasks makes up the Programme of Assessment by subject in Grades 10 and 11.
If one or two of the subjects chosen for subject choices 1, 2 or 3 include a Language, the number of tasks indicated for Languages 1 and 2 at Home Language (HL) and First Additional Language (FAL) are still applicable. Learners who opt for a Second Additional Language are required to complete 13 tasks in total: 4 tasks in term 1 and 3 tasks in each of terms 2, 3 and 4.
In Grade 12 all subjects include an internal assessment component, which counts 25% of the final assessment mark. This excludes Life Orientation where the internal assessment component counts 100% of the final assessment mark. The requirements of the internal Programme of Assessment for Grades 12 are summarised in Table 10 below.
# The number of internal tasks per subject differs from 6 to 7 as specified in Section 3 of the Subject Assessment Guidelines.
If one or two of the subjects chosen for subject choices 1, 2 or 3 include a Language, the number of tasks indicated for Languages 1 and 2 at Home Language (HL) and First Additional Language (FAL) are still applicable. Learners who opt for a Second Additional Language are required to complete 12 tasks in total: 5 tasks in term 1, 4 tasks in term 2 and 3 tasks in term 3.
The external assessment component for Grade 12 counts 75% of the final assessment. In certain subjects a practical assessment component may contribute 25% to the external component. Guidelines for the external examinations are provided in Section 3 of the Subject Assessment Guidelines.
All teachers are expected to keep a portfolio containing all documents related to assessment. It is teachers' responsibility to ensure that the information in their assessment portfolios is kept up to date.
A teacher assessment portfolio may be a file, a folder, a box, or any other suitable storage system.
Teachers' portfolios should contain the tasks for assessment as well as the planning that informs the development of these tasks and the records of assessment of the formal tasks.
Teachers should as part of their planning provide an indication of the Learning Outcomes and Assessment Standards assessed in each task. Examples of how this should be undertaken are provided in the Assessment Guidelines.
The formally recorded assessment tasks should be clearly marked or indicated in the teacher's portfolio. Stickers, coloured paper, etc. may be used for this purpose.
Teachers' portfolios should be available on request at all times for moderation and accountability purposes.
The assessment records that should be developed and kept at school are record sheets, schedules, teacher portfolios, learner profiles, report cards and schedules. The management, maintenance and the safety of the learner profiles, schedules and report cards is the responsibility of the school management. The management and maintenance of the record sheets and the teacher portfolio is the responsibility of every teacher.
Teachers are expected to keep an efficient and current record of the learners' progress. It is expected that carefully compiled records and/or evidence of learner performance be maintained to justify the final rating a learner receives at the end of the year. Teachers are expected to keep current records of learners' progress electronically/in files/books/folders or any other form the school has agreed on.
Comments for support purposes when and where appropriate.
The record sheets should be used to compile a schedule that will in turn be used to compile reports once a term. Schools should therefore develop Record Sheets using the criteria specified in paragraph 29(1).
The National Curriculum Statement (Grade R - 12) states that formal report cards should be sent to parents once a term. The report cards must provide a clear holistic picture of the learner's achievements in different Learning Programmes/ Learning Areas/ Subjects.
A report card is an official document that is used to give feedback to parents on the achievement of learners. Schools should ensure that there are no errors, erasures or corrections that will compromise the legal status of the report cards. The school management team is responsible to ensure that reports issued to learners do not contain any errors.
Learner performance for a term should be reflected on the report card for that term. The end-of-year report card should indicate cumulative learner performance for the year.
The achievement rating in a report card should be indicated by a combination of national codes, percentages and comments. The national codes and percentages should be in accordance with the stipulations mentioned in paragraph 17(1)(d). The comments should provide more information on the strengths and developmental needs of the learners.
Personal details: Name of the learner, grade and class of the learners, date of birth, school attendance profile.
Official school details: Year and term, name of the school, date, signature and comment of parent or guardian, teacher and principal, dates of closing and opening of school, school stamp, explanation of the codes of the national coding system.
Performance details: A national code and /or a percentage indicating the level of performance per Learning Programme /Learning Area / Subject and a description of the strengths and developmental needs of the learner.
Constructive feedback: The feedback should contain comments about the learner's performance in relation to his/her previous performance.
A report card may be produced electronically or manually using different styles preferred by the school but should contain all the information mentioned in paragraph 30(5)(a-d).
Schools should not accept report cards with errors from other schools. Once a fraudulent report has been identified, the matter should be reported to the principal of the affected school and to the District and/or Provincial Department of Education offices.
In cases where a fraudulent report card is discovered the Head of the Provincial Department of Education should institute an internal investigation of the matter and may take legal steps where necessary.
The parent(s) or guardian(s) has the right of access to report cards of their children.
Schools may not withhold report cards from learners for any reason whatsoever.
The schedule is a quarterly record which provides a summary about the progress of all learners in the grade in a school. The school may store this information manually or electronically. The end-of-year schedule is a compilation of learner performance across all four school terms. Copies of the end-of-year schedules should also be kept at the district office.
Schedules should be completed four times a year.
At the end of the year, a schedule for Grades R -8 should indicate whether the learners are ready to progress to the next grade or not. Schools should use (RP) to indicate that a learner is ready to progress to the next grade or (NRP) to indicate that the learner is not ready to progress. For Grades 9, 10 and 11 the end-of-year schedule should indicate whether the leaner is promoted to the next grade or not by using (P) for promoted and (NP) for not promoted. The-end-of-year schedules for Grade 12 will be externally generated.
The-end-of-year schedule must be signed by the principal and a departmental official. This then constitutes a legal document which should be kept at school in a file or box or electronically as part of the school archives for at least 5 years.
A schedule should be used for drawing up reports and for reporting to parents and the education system on the overall progress of learners in each grade. This means that a schedule should be completed for each grade.
The Department of Education will develop the schedule forms and the Provincial Departments of Education are responsible for providing each school with the schedule forms. Schedules for each grade should be submitted to the district in hard copy. A school stamp and signatures of a departmental official and school principal are required to authenticate the schedule.
A Learner Profile is a continuous record of information that gives a holistic impression of a learner and a learner's progress and performance. It assists the teacher in the next grade or school to understand the learner better and therefore to respond appropriately to the learner.
Learner Profiles should be kept at school and will be moved from one school to the next on the request of the principal of the next school. The school management of the receiving school has an obligation to request the Learner's Profile from the previous school within three months of the learner's admittance. The Learner Profile for every learner must be safeguarded and should accompany learners throughout their schooling career. The security of the Learner Profiles and the updating of required information rest with the school management.
The parents and other stakeholders have a right to access and view the Learner Profile on request. However, this should be done in the presence of the school management. The Learner Profile is a confidential document and should be treated as such. Under no circumstances should sensitive information such as the health status of the learner be divulged to anyone without the written permission of the parent(s) or guardian(s). Under no circumstances should the profile be moved from the school unless it is for reasons mentioned in paragraph 33.
The Provincial Departments of Education are responsible for providing preprinted files /folders for the Profiles.
In cases where the files/folders need repair, the school principal concerned should make a request to the district office for a replacement.
The compilation of Learner Profiles should be started at Grade R and should continue until the learner completes Grade 12.
Once the learner has passed Grade 12 or exited the schooling system for any reason whatsoever, the learner profile should be stored in the last school attended for a period of three years whereafter it should be destroyed. If the learner within this specified period re-enters the schooling system to further her/his studies, the provisos stated in paragraphs 33 and 34 will apply.
The Learner Profile replaces all previous continuous record documents that have been used by schools, such as record cards, tutor cards, Edlab cards, etc.
Describes the minimum level at which learners should demonstrate the achievement of a Learning Outcome and the ways or range (breadth and depth) of demonstrating the achievement. It is grade-specific.
This is an assessment activity that is designed to assess a range of skills and competencies.
Any assessment activity, instrument or programme where the design, development and implementation has been initiated, directed and, coordinated by Provincial Education Departments and the Department of Education either collectively or individually.
The process of verifying results of the formal Programme of Assessment and the External Assessment. Internal moderation of the formal Programme of Assessment tasks must be undertaken by the Heads of Department at a school.
A yearlong grade-specific formal plan of assessment for a Learning Programme/ Learning Area/ Subject.
Record of learner performance in formally assessed tasks expressed as national codes, marks and/or percentages. May or may not include comments. The use of comments is essential in the Foundation Phase.
Quarterly record of learner performance which is kept at the school. The end-of-year schedule is submitted to the district at the end of the year.
School Assessment Plan A plan of assessment which includes the formal tasks for all Learning Programmes/ Learning Areas/ Subjects to be undertaken during the school year.
Teacher Portfolio Collection of all planning for assessment, including the assessment tasks and assessment tools for both formal and informal assessment. It should include the record sheet(s).
NOTE: Subjects which include a Practical or Performance Assessment Task (PAT) can include an extra column to record learner performance in such tasks. Language teachers would need to add 2-3 columns per term.
DoE Logo GR.
Learner's Profile should be completed annually (in print) by the register teacher.
(Please use a BLACK PEN and update when there is change.
(Please use a PENCIL and update when there is change.
ADMIS-SION NUMBER NAME OF SCHOOL EMIS No.
(Please use a BLACK PEN.
PARTICIPATION IN CO-CURRICULAR ACTIVITIES - school as well as not school related.
(Please use a BLACK PEN and complete annually.
OUTSTANDING ACHIEVEMENTS - e.g. academic, sport, culture, etc.
This is a legal document and information may not be removed. This document must be made available by the principal of the school at which the learner was previously enrolled, once the transfer card has also been issued, to the principal of the school to which the learner moves. It should be posted or personally and officially handed to the receiving school principal and not given to the parent/s or guardian of the learner.
FOUNDATION PHASE (Please use BLACK pen and indicate level codes.
GRADE YEAR LoLT Level LITERACY NUMERACY LIFE SKILLS COMMENT (See areas needing supportemotional and social behaviour.
INTERMEDIATE PHASE (Please use BLACK pen and indicate level codes.
GRADE YEAR LoLT of School 1.LANGUAGES HL / FAL/ SAL 2.MATHEMATICS 3.NATURALSCIENCES 4.TECHNOLOGY 5.SOCIALSCIENCES 6.EMS 7.ARTS &CULTURE 8.LIFEORIENTATION COMMENT (See areas needing support.
SENIOR PHASE (Please use BLACK pen and indicate level codes.
GRADE YEAR LoLT of School 1.LANGUAGES HL/ FAL/ SAL 2.MATHEMATICS 3.NATURALSCIENCES 4.TECHNOLOGY 5.SOCIALSCIENCES 6.EMS 7.ARTS &CULTURE 8.LIFEORIENTATION COMMENT (See areas needing support.
GRADES 1012 (Please use BLACK pen and indicate percentages.
GRADE YEAR LANGUAGES MATHEMATICS (M)/MATHS LITERACY (ML) LIFE ORIENTATION SUBJECT 1: SUBJECT 2: SUBJECT 3: COMMENT (See areas needing support.
<fn>GOV-ZA.26597En.2012-02-10.en.txt</fn>
The Minister of Health intends to introduce the Sterilisation Amendment Bill, 2004 (the Sill,')inParliamentin 2004. The full text of the Bill is hereby published in accordance with rule 241(c) of the Rules of the National Assembly.
The Bill will amend the Sterilisation Act, 1998 (Act No.
The full text, as certified, is attached.
in type in square indicate from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
To amend the Sterilisation Act, 1998, so as to substitute a definition; to make provisionfor a medical opinion in certaincircumstances; to providefor additional information to be consideredwhen contemplating sterilisation; and to provide for matters connected therewith.
Amendment of section 1 of Act 44 of 1998 1.
"(a) Sterilisation may [not] be performed on aperson who is under the age of 18 years [except where] E failuretodo so would jeopardizethe person's life or seriously impair his or\,her [physical] health."
and an indeDendent medical practitioner who has previouslv consulted with the person to be sterilised. has Drovided a written opinion to the effect that sterilisation is in the best interestof that person.
whether there [is no] are other safe and effective [method] alternatives [of contraception except] & sterilisation; the person's mental and phvsical health and wellbeinq; (Iv) thepotential effect of sterilisation on the person's mental end ohKi, cal health and wellbeinq; &J the nature of the sterilisation procedure to be performed?
whether the sterilisation is in the best interests of the person to be steri1ised;a (v111) the benefit which the person mav derived from sterilisation, concurs that sterilisation may be performgd; and 'I.
Amendment of section 4 of Act 44 of 1998 4.
"(c) understood and signed theprescribed consent form.".
<fn>GOV-ZA.26675En.2012-02-10.en.txt</fn>
Vol. 470 Cape Town 16 August 2004 No.
Amendment Bill, 2004 in Parliament during the current parliamentary term. The Bill is published in accordance with Rule 241 (l)(c) of the Rules of the National Assembly. Interested persons and institutions are invited to submit written representation on the Bill to the Secretary to Parliament by no later than 3 September 2004.
Words in bold type in square bracketsindicateomissionsfrom existing enactments.
To amend theNationalPaymentSystemAct, 1998, so astoprovideforthe withdrawal of recognition of a payment system management body by the South African Reserve Bank; to provide for designated settlement systems; to enable payments to third persons; and to provide for the issuance of directives by the South African Reserve Bank; and to provide for matters connected thereto.
Amendment of section 1 of Act 78 of 1998 1.
'Companies Act' means the Companies Act, 1973 (Act No.
by the substitutionforthedefinition of "payment clearinghouse" of the bJ' the substitution for the definition of "payment instruction" of the follow-ing definition: '.
by the deletion of the of "system definition participant.".
Amendment of section 2 of Act 78 of 1998 2.
(b)of subsection (3) of the following paragraph: "(bjmay at any time be withdrawn in writing by [that] the board.".
Amendment of section 3 of Act 78 of 1998 3. Szctio~3 of the principal Act is hereby amended--.
by the. ubstitution for subsection (2) of the fr!!
[it] the payment system management body will [be] enable[d] the ReserveBanktoadequatelyoverseethe affairs of thepayment systemmanagementbodyand its members andwill assist the Reserve Bank in the discharge of the Reserve Bank's responsibili-ties, specified in section lO(l)(c)(i) of the South African Reserve Bank Act, regarding the monitoring, regulation and supervision of payment, settlement systems.
Act, 1990, and in paragraph (dd)(i) of the definition of "the business of a bank" in section 1of that Act and that complies with the entrance and other applicable requirements laid down in the rules of a payment system management body, as approved by the Reserve Bank, maybe granted limited membership by such a payment system management body."
such person is the Reserve Bank, a bank, mutual bank or branchof a foreign institution and, in the case [of] where a payment system management jihaij body[, the body is] has been recognised by the Reserve Bank as[a payment system management body in terms ofl contemplated in subsection (l), such person is a member of the payment system.
(bj such person is a designated settlement system operator [in the case of that other person, the person is a member of a payment system management body recognised by the Reserve Bank as contemplated in paragraph (a)].
Amendment of section 4 of Act 78 of 1998 4.
to [determine] recommendfor approvalbytheReserve Bank criteria subject to and in accordance with which a member that is also a ReserveBank settlementsystemparticipant, may be authorised to [introduce any person to provide payment ser- vices.
Insertion of section 4A in Act 78 of 1998 5.
4A. (1) The Reserve Bank may designate a settlement system if it considers that such designation is in the interest of the integrity, effectiveness, efficiency or security of the payment system.
the rules of the settlement system; and any additional information it may deem appropriate.
any other matters that the Reserve Bank considers appropriate.
(4)The Reserve Bank shall designate a settlement system as a designated settlement system for purposes of this Act by notice in the Gazette and give writtennotice of such designation to the designated settlementsystem operator.
the person who is the operator of the settlement system that is the subject of the designation; and any terms and conditions to which the designation is subject.
by amending or revoking any condition to which the designation is subject; or by making the designationsubject to a new condition or new conditions.
(a)No variation of the conditions to which a designation is subject or revocation of designation shall have retroactive effect.
(0)The variation or revocation shall not affect thevalidity or 10 enforceability of the rules of the designated settlement system, nor shall it affect any payment to or out of the account of asettlementsystem participant or netting or settlement that took place, prior to the coming into effect of the variation or revocation.
TheReserve Bank shall, afterhavinggiven written notice to the 15 designated settlement system operator, vary or revoke the designation of the settlement system by notice in the Gazette.
Substitution of section 5 of Act 78 of 1998 6.
Settlement provision 50 5. (1) Settlement is effected in money or by means of entries passed through the Reserve Bank settlement system or the designated settlement system.
A settlement that has been effected in money or by means of an entry to the credit of the account maintained by a settlement system participantin 55 the Reserve Bank settlement system or the designated settlement system is final and irrevocable and may not be reversed or set aside.
(3)An entry to or payment out of the account of a designated settlement system participant to settleapayment or settlement obligation in a designated settlement system is final and irrevocab!e and may nor t.
Amendment of section 6 of Act 78 of 1998 7.
(1) No person may clear payment instructions unless that person is a [system participant.
bank, mutual bank or branch of a foreign institution that is allowed to clear in -terms of section 4(2)(dj(i).
Substitution of section 7 of Act 78 of 1998 8.
A person may as a regular feature of that person's business accept money or payment instructions from any other personforpurposes of makmg payment on behalf of that other person to a third person to whom that payment is due, if-(nj the first-mentioned person is the Reserve Bank, a bank, mutual bank, branch of a foreign institution, or a designatedsettlement system operator; or the first-mentioned person is the postal company defined in section 1 of the Post Office Act, 1958 (Act No. 44of 1958), or the Postbank as defined in section 51of the Postal Services Act, 1998 (Act No. 124 of 1998); or the money is accepted or payment made in accordance with directives issued by the Reserve Bank from time to time in terms of section 12.
Substitution of section 8 of Act 78 of 1998 9. The following section is hereby substituted for section 8 of the principal Act.
The provisions of this sectionapplydespiteanything to the contrary in the law relating to insolvency or in the Companies Act, the Banks Act or the Mutual Banks Act.
Acurator or similar official appointed to a settlement system participant may give written notice to the Reserve Bank towithdraw such participant's participation in the Reserve Bank settlement system, in which event such settlement system participant shall no longer be entitled to clear or participate in the Reserve Bank settlement system, other than for purposes of discharging payment or settlement obligations in accordance agreements to which that settlement system participant is a party, or any relation to such agreements.
the application for winding-up, when it is presented to the court; and any subsequent winding-up order, when it is granted, must be lodged with the Reserve Bank as soon as practicable.
When a copy of an application for winding-up or subsequent winding-up order is lodged with the Reserve Bank in terms of subsection and the Reserve Bank settlement system participant in respect of whom the copy islodgedis a designatedsettlement system participant, the Reserve Bank must as soon as practicable after having received the copy, notify the designated settlement system operator.
If a settlement system participant is wound cp, the liquidator or similar OffiCiiii,.
any provision containedin the rules of the settlementsystem or in clearing, netting and settlement agreenlcnts to which that Settlement system participant is a party, or any rules and practices applicable to the settlement system participant in relation to such agreements; and any payment or settlementthat is final and irrevocablein terms of section 5(2)or (3).
Substitution of section 9 of Act 78 of 1998 10.
to the Reserve Bank or the designated settlement system operator as security for a loaninrespect of its settlement obligations may be utilisedby the Reserve Bank or the designated settlement system operator, as the case may be, to the extent required for the discharge of those settlement obligations of the settlement system participant; or in terms of a written [agreement with any] payment clearing houseor settlementagreement, as security in respect of its payment or settlementobligations, may be utilised by the [paymentclearing house] Reserve Bank to the extent required for the discharge of those payment or settlement obligations.
Amendment of section 10 of Act 78 of 1998 11.
*(1) The Reserve Bank has access to any information relating to [the] a pay-mer -..-.-n n--l---LLl -1.
values of payment and settlement instructions or payment and settlement obligations], and [system participants] any person must on request provide such information to the Reserve Bank in such form and at such times as the Reserve Bank may require.
"(3)Despite subsection (2) of this section and section33 of the South AfricanReserve BankAct, the ReserveBank may discloseany information of which the disclosure is necessary to protect the integrity, effectiveness or security of the payment system, or if required by law to do so;".
Amendment of section 11 of Act 78 of 1998 12.
(2) If any Reserve Bank settlement systemparticipantconsiders itself [wronged] aggrievedby a decisiontakenby the Reserve Bank under a provision of this Act, the matter is deemed to constitute a dispute between that Reserve Bank settlement system participant and the Reserve Bank, which dispute must be settled as provided in this section.
The Reserve Bank settlement system participant concerned must, withinthree (3) months after the decision of the Reserve Bank, in writing, furnish the Reserve Bank with full particulars of its grievance, and thereafter the Reserve Bank settlement-system participant and the Reserve Bank must attempt to settle the dispute byconsensuswithin seven business days of the receipt by the Reserve Bank of those particulars.
If the Reserve Bank settlement system participant and the Reserve Bank do not succeed in settling the dispute as contemplatedin subsection (3),they may agree to attempt to settle the dispute by mediation within a further period of 10 business days.
the Reserve Bank settlement system participant concerned and the Reserve Bank at or following such meeting attempt to settle the dispute by consensus; and the Reserve Bank settlement system participant concerned and the Reserve Bank share the mediator's costs equally.
to a singlearbitrator to be agreed on between the Reserve Bank settlement system participant and the Reserve Bank; or failing such agreement, to an arbitrator appointed at the request of theReserve Bank settlement system participant and the Reserve Bank by arecognised body concerned withthefacilitation and promotion of the resolution of disputes by means of mediation or arbitration.
"(9) The decision of the arbitrator is final and binding on the Reserve Bank settlement system participant concerned and the Reserve Bank.".
Amendment of section 12 of Act 78 of 1998 13.
(I) The Reserve Bank may from time to time, after consultation with the 5 payment system management body, issue directives to any person regarding a payment system or the application of the provisions of this Act.
if any other matters that the Reserve Bank considers appropriate.
cease or refrain from engaging in the act, omission or course of conduct or perform such other acts as are necessary to remedy the situation; or 25 jb performsuchacts as arenecessary to comply with the directive or to effect the changes; or provide the Reserve Bank with such information and documents, relating to the matter as specified in the directive.
The provisions of this section shall not apply to a designated settlement 30 system.
The Reserve Bank may after consultationwith the payment system management body, cancel in writing any previously issued directives.
Any person who neglects, refuses or fails to comply with a directive issued under subsection (3) is guilty of anoffence.
Any directive issued in terms of this Act shall take effect three months after it has beenissued or such other date as determined by the Reserve Bank.
Amendment of section 13 of Act 78 of 1998 14.
"(1) Despite anything to the contrary in any [legislation] relating to the retention of records, the Reserve Bank, Reserve Bank settlement system [and system] participants, PCH systemoperatorsand system operators must retain all records obtained by them during the course of 50 the operation and administration of [the] a payment or Reserve Bank settlement system for a period of five years [as] from the date of each particular record."
(2) Subsection (1) shall not apply to a designated settlement system 55 operator, and any obligationof such a settlement systemin relation to the retention of records shall be specified as a condition of the designation of such a settlement system uncier section 4Ai5).
"(3)The retention of records in terms of subsection (1) may be effected as envisagedin section 16 of theElectronic Communications and Transactions Act, 2002 (Act No. 25 of 2002).".
Insertion of Section 13A in Act 78 of 1998 15.
13A. Irrespective of whether criminal proceedings have been or may be instituted againsta person in respect of an offence in termsof any section of this Act, the Reserve Bank may apply to a High Court having jurisdiction for an order directing a person to comply with this Act or a directive issued in terms of this Act.
Substitutionof section 14 of Act 75 of 1998 16.
section 10(4), is liable to a fine not exceeding R1 000 or to imprisonment for a period not exceeding six months, or to both such fine and such imprisonment.
1.1 The Standing Committee for the Reviewof the Act has reviewed the National Payment System Act, 1998 (Act No 78 of 1998) ("the Act") as required in terms of section 15, to cater for new developments.
1.2 The most importantdevelopment isthe proposedinclusion of the South African ("SA") Rand in the multi-currency Continuous Linked Settlement ("CLS"). Other matters include the clarification of the role of the payment systemmanagementbody(currently the Payments Association of South Africa), the issuance of directives by the South African Reserve Bank ("SARB") and payments to third persons.
Certain definitions have been amended or inserted to allow designatd Settlement system operators (e.g., CLS Bank) to participate in tine settlement system. CLS Bank will have a settlement account with the Reserve Bank to enable the Rand settlement leg in foreign exchange transactions.
The settlement provisions have been amended to cater for finality of settlementrelative todesignated settlementsystems (i.e., pay-ins, pay-outs and settlement in relation to CLS).
The Act has been amended to cater for the possibility of withdrawal of the recognition of the payment system management body by the SARB. The amendments also clarify the roles between the SARB and the payment system management body and allow limited membership to the payment system management body (i.e., limited membership by non-banks).
The provision of payment services by non-banks as envisaged in current Act couldnotbeimplemented. The provisions relating to payments to third persons have been amended to an enabling provision. It is envisaged that directiveswill be issuedafterconsultationwith the paymentsystem management body and various stakeholders. A three months grace period will be given before implementation.
The Act has been amended to grant wider powers to the SARB in relation to the issuance of directives, to discharge its oversight obligations and ensure the integrity, effectiveness, efficiency and security of the payment system.
Miscellaneous amendments are made and new provisions inserted to clarify certain definitions, the utilisation of assets as security to the SARBor payment clearing house, access to information. settlement of disputes and retention of records.
The National 'Treasury, the Department of Trade and Industry, Department of Communications, banking industry, payments industry, Payments Association of South Africa, Smart Cards Society of South Africa and the South African National Payments Forum ("SANPAY").
The State Law Advisers and the National Treasury are of the opinion that this Bill must be dealt with in accordance with the procedure established by Section 75 of the Constitution since it contains no provision to which the procedure set out in Section 74 or Section 76 of the Constitution applies.
<fn>GOV-ZA.26676En.2012-02-10.en.txt</fn>
STAATSKOERANT, 16 AUGUSTUS 2004 No.
The Minister of Finance intends tabling the Government Employees Pension LawAmendment Bill, 2004 in Parliament during the current parliamentary term. The Bill is published in accordance with Rule 241(l)(c)of the Rules of the National Assembly.
Interested persons and institutions are invited to submit written representation on the Bill to the Secretary to Parliament by no later than 3September 2004.
The Secretary to Parliament c/o Mr. A Hermans Committee Section Parliament of the RSA
You can contact Mr. A Hermans at: Fax: (021) 403 3349 Tel: (021) 403 3776 E-maii: ahermans@pariiament.gov.za
Words underlined with asolidlineindicateinsertions in existing enactments.
To amend the Government Employees Pension Law,1996, so as to provide for the amendment of errors that occurred the time at of proclamation of the Government Employees Pension Law Proclamation 21 of 1996; to provide for amendments to the benefit structure; and to provide for matters connected therewith.
Amendment of section 1 of Proclamation No. 21 of 1996 1.
thedeletion in subparagraph (i) of.
1994 (Proclama-tion No.
1993 (Act No. 146 of 1993), and all matters dealt with in this Law and the rules contemplated in the Labour Relations Act, 1995 (Act No. 66 of 1995), and specifically excludes non-benefit matters;.
Amendment of section 21 of Proclamation No. 21 of 1996 2.
"(d) any amount, plus interest at theratedetermined by theBoardafter consultation with theactuary, due to the Fund in respect of an amount for 20 which the Fund becomes liable under a guarantee furnished in respect of a member for a loan 'granted by some other person to that member in terms of the rules;".
Amendment of section 22 of Proclamation No. 21 of 1996 3. Section 22 of the Government Employees Pension Law, 1996, is hereby amended "(1) If a gratuity is payable on the death of any member to the dependants of such a member or to his or her estate, that member may, on the [prescribed] applicable form of the Fund and subject to the prescribed conditions, notify the Board of his or her wish that the said gratuity be paid on his or her death tothe beneficiariesmentionedin that form andbedividedamong such beneficiaries in the proportion mentioned in that form.".
Amendment of section 23 of Proclamation No. 21 of 1996 10 4.
Any benefit under this law payable to or received[under this Law] by any member, pensioner or beneficiary whose estateis sequestrated shall 15 not form part of the assets in his or her insolvent estate.
Amendment of section 25 of Proclamation No. 21 of 1996 5.
authorize the payment of any allowance or bonus to any person who is in receipt of an annuity referred toin paragraph (a), inaccordance with such rates or scales, in suchcircumstances, on such conditions and with effect from such date, which may be a date in the past, as the Board may determine, in terms of its pension increase policy..
Amendment of section 26 of Proclamation No. 21 of 1996 6.
"(1) Notwithstanding anything to the contrary in any law contained, a 3!.J benefit payable in terms of thisLawshallbepaid to the member, pensioner or beneficiary entitled to such benefit within a period of 60 days [after the date on which the Board receives a duly completed statement in theprescribed form or, if theBoard receives such statement before thedateonwhichabenefit is payabletothe 40 member or pensioner concerned in terms of this Law, within a period of 60 days after the date on which such benefit is so payable] fromthe benefit becomingpayable to the member, pensioner or beneficiary which 60 days shall be calculated from the day following the date on which the benefit becomes payable: Provided thata benefit shall 45 become payable toa member, pensioner or beneficiary on the last day of service at the employer of the member or pensioner or the death of the pensioner."
"(2)[If a benefit is not paid withintheperiodreferredtoin subsection (l),]Interest shall be paidbytheFund to the member, pensioner or beneficiary on anypart of the amount of the benefit not paid within a period of 60 days referred to in subsection (1) from the date on which the benefit became payable, at the rate prescribed which interest shall be calculated from the day following that date on which the benefit became payable."
"(4) Notwithstanding subsection (2), interestis not payable on funeral benefits.".
Amendment of section 27 of Proclamation No. 21 of 1996 7.
If the membership of a member is for any reason termirlated before he or she attains the age at which he or she would have had the right to retire on pension, the Boardmay at the request or with the consentof the member, if the Board deems it expedient that his or her accrued pension interest in the Fund be retained for him or her declare him or her to be a dormant member of the Fundwith effect from thedate onwhichhisorher membership was so terminated: Provided that his or her membership must be terminated on or before 1 April 2003.
Amendment of section 3QA of ProclamationNo. 21 of 1996 8.
No. 69 of 1996), or Demobilisation Act, 1996 (ActNo. 99 of 1996), other than a benefit received as a shall be reduced in accordance dependant, the benefit payable by the Fund with the rules.
This amendment has retrospective effect to 31 March 2004.
This Act is called the Government Employees Pension Law Amendment Act, 2004.
STAATSKOERANT, 16 2004 No.
The purpose of the Government Employees Pension Law Amendment Hill is to make provision for the amendment of errors that occurred at the time of Proclamation of the GovernmentEmployeesPension Law, Proclamation21 of 1996 (the Law) and to provide for amendments to the benefit structure negotiated in the Public Service CoordinatingBargainingCouncil(hereinafter referred toasPSCBC) reflected in PSCBC Resolution No's 13-of 2002 and 7 of 2003).
The proposed amendments ensurealignment of the Law with the amended rules reflected in PSCBC Resolution No's 12 of 2002 and 7 of 2003 that were concluded in the PSCBC during November 2002 and November 2003, respectively.
The Bill has no financial implications for the State.
The Department of Public Service and Administration, in cooperation with the Government Employees Pension Fund, will communicate the content of the changes brought about by the Bill to the members of the Fund.
The Bill has no constitutional implications.
The amendments are in accordance with PSCBC Resolution Nos 12 of 2002 and 7 of 2003 negotiated in the PSCBC.
The Department and the State Law Advisers are of the view that this Bill must be considered in terms of the procedure set out in section 75 of the Constitution since it does not contain any provision to which the procedure set out in section 74 or 76 of the Constitution applies.
<fn>GOV-ZA.26704En.2012-02-10.en.txt</fn>
Copies of the Bill are obtainable from Ms Cassiem at telephone 021 403 3769.
Words underlined witha solid line indicate insertions in existing enactments.
To amend the Water Services Act, 1997, so as to enable water boards to perform activities outside the borders of the Republic of South Africa; and to provide for matters connected therewith.
(3) The Minister must in consultation with the Minister of Finance. the Minister of Trade and Industry, and the Minister of Public Enterprise and by notice in the Gazette.
The Minister may, in consultation with the Minister of Finance, authoriseawater board to perform an activity outsidetheborders of the Republic.
This Act is called the Water Services Amendment Act, 2004.
1.4 The first phase consistsof a publication by notice in the Gazette of the parameters within which an approval to operate extraterritorially may be granted.
The determination oftheseparametersoccurs on the initiative of the MinisterofWaterAffairsandForestry but in consultation with the Minister of Trade and Industry, the Minister of Finance and the Minister of Public Enterprise. This meansthateach of theMinisters to be consulted, can veto a proposal.
The parameters are determined by a fixation of the nature of the permissible the countries and the activities, permissible maximum permissible amount of money to be taken out of the country.
1.6 Whenthe said two Ministers consider anapplicationby a waterboard, they are also bound by the existing provisions of the Act.
3.1 Department of Trade and Industry.
The Chief State Law Adviser and the Department of Water Affairs and Forestry are oftheopinion that this Bill must be dealt with in accordancewiththe procedure established by section 75 of the Constitution since it contains no provisions to which the procedure set out in section 74 or 76 of the Constitution applies.
<fn>GOV-ZA.2680En.2012-02-10.en.txt</fn>
National Senior Certificate: A Qualification at Level 4 on the National Qualifications Framework (NQF), published by means of a Government Notice No. 744 in Government Gazette, Vol. 481, No.
Government Notice No. 1175 in Government Gazette, Vol. 486, No.
Government Notice No. 593 in Government Gazette, Vol. 491, No.
Government Notice No. 959 in Government Gazette, Vol. 495, No.
Government Notice No. 1005 in Government Gazette, Vol. 496, No.
Government Notices 384 and 385 in Government Gazette, Vol. 502, No.
Government Notices 1077 and 1078 in Government Gazette, Vol. 509, No.
Government Notices1041 and 1042 in Government Gazette, Vol.533, No.
Section 3(4)(l) of the National Education Policy Act, 1996 (No. 27 of 1996) makes provision for the determination of national education policy regarding curriculum frameworks, core syllabuses and education programmes, learning standards, examinations and the certification of qualifications. This provision is subject to the provisions of any law establishing a national qualifications framework or a certifying or accrediting body.
The policy stipulated in this document is only applicable to public schools and those independent schools that write the National Senior Certificate examination set by the Department of Basic Education.
This policy document forms the basis for the Minister of Basic Education to determine minimum outcomes and standards, as well as the processes and procedures for the assessment of learner achievement as stipulated in section 6A of the South African Schools Act, 1996 (Act No. 84 of 1996) which is applicable to public and independent schools.
The outcomes and standards determined in terms of section 6(A) of the South African Schools Act, 1996 (Act. No. 84 of 1996) are translated into regulations in terms of section 61 of the said act and were promulgated in Government Gazette No.
Government Gazette No. 31337 of 29 August 2008. All accredited assessment bodies must give effect to the regulations.
Addendum 1: An addendum to the policy document, the National Senior Certificate: A qualification at Level 4 on the National Qualifications Framework (NQF), regarding the National Protocol for Assessment (Grades R - 12), published in Government Gazette, No.
Addendum 2: An addendum to the policy document, the National Senior Certificate: A qualification at Level 4 on the National Qualifications Framework (NQF), regarding learners with special needs, published in Government Gazette, No.29466 of 11 December 2006 stipulates the programme and promotion requirements for learners with special needs who cannot meet the requirements of the National Senior Certificate as offered in mainstream schools.
The National Senior Certificate is a 130 credit certificate at Level 4 on the National Qualifications Framework (NQF).
Subject to Regulation 59(4) of the Regulations pertaining to the conduct, administration and management of assessment for the National Senior Certificate, published in Government Gazette No. 31337 of 29 August 2008, only full-time learners and repeat candidates will offer the National Senior Certificate. Full-time learners and repeat candidates will offer subjects listed in Annexure A of this document.
A full-time learner is a learner who has enrolled for tuition and who offers a National Curriculum Statement Grades 10-12 programme in a full-time capacity at a public or independent school or any other registered institution and who presents seven (7) subjects in terms of the National Curriculum Statement Grades 10-12 programme requirements. Such a candidate must fulfill all internal assessment requirements of the National Curriculum Statement Grades 10-12, including oral and practical requirements where applicable.
A repeat candidate is a candidate who has failed the National Senior Certificate examination and who wants to repeat his or her Grade 12year as a full-time candidate.
incorporate integrated assessment; and indicate the rules governing the award of the qualification.
an official Grade 9 school report which indicates promotion to Grade 10; or a General Education and Training Certificate (GETC) for Adult Basic Education and Training (ABET); or a recognised equivalent qualification obtained at NQF Level 1.
The requirements stipulated in this document are for the issuing of a National Senior Certificate. These are also the promotion requirements for Grades 10 and 11.
The duration of the National Curriculum Statement Grades 10-12 programme is three years, namely Grades 10, 11 and 12.
Comply with the internal assessment requirements and Practical Assessment Tasks where applicable for Grades 10, 11 and 12 and the external examination requirements of Grade 12 as contemplated in the National Protocol for Assessment (Grades R- 12) and the Subject Assessment Guidelines of the various subjects listed in Annexure A of this document.
A learner may change a maximum of two subjects in Grade 10, subject to the approval of the Principal of the school where the learner is registered.
A learner may change two subjects in Grade 11, subject to the approval of the Principal of the school where the learner is registered.
In exceptional cases a learner may change one subject in Grade 12, provided it is done before 31 January of the Grade 12-year.
Approval for changing a subject in Grade 12 must be obtained from the Head of the assessment body.
a letter from the Principal, either supporting or providing reasons for not supporting the change; and a letter from the subject teacher, outlining the programme to be followed to assist the learner in covering those aspects of the curriculum statements for the previous grade that were not covered.
The closing date for changing a subject or subjects in Grade 10 and 11 must be determined by the Head of the assessment body, based on the impact of the change on the internal assessment programme.
CURRICULUM STATEMENT GRADES 10 - 12 7.
The National Curriculum Statement Grades 10-12 uses the twelve Organising Fields of the National Qualifications Framework (NQF) for organising purposes and registration on the NQF. These Organising Fields are linked to various disciplines and occupational fields in the world of work and are therefore designed to provide a framework for organising qualifications in a coherent and co-ordinated manner.
The Organising Fields listed at Annexure A, are used for classification and grouping purposes.
The approved subjects for the National Curriculum Statement Grades 10-12 at Annexure A are grouped in two main categories in Annexure B, namely Group A and Group B. A learner, under certain conditions, as contemplated in paragraphs 9, 10(8) and 10(9), must select four subjects, namely two official languages, Mathematical Literacy or Mathematics, and Life Orientation from Group A, and a minimum of any three subjects from Group B.
four subjects from Group A selected as follows: Two (2) official languages selected from Annexure B, Table A1, provided that one of the two official languages is offered on the Home Language level, and the other, on either Home or First Additional Language level, and provided further that one of the two languages is the language of learning and teaching.
Mathematics or Mathematical Literacy selected from Annexure B, Table A2.
Life Orientation in Annexure B, Table A3.
subject to paragraphs 10(8) and 10(9), a minimum of any three subjects selected from Group B Annexure B, Tables B1-B8. Of the minimum three required subjects, a maximum of two additional languages over and above the two official languages contemplated in paragraph 9(1)(a)(i), may be offered from both Tables A1 and B4.
the additional subjects must be offered for all three years of the National Senior Certificate programme, namely Grades 10-12.
all the internal assessment requirements for the required subjects, and the Practical Assessment Tasks where applicable, must be met for all three years of study, namely Grades 10, 11 and 12.
The same language shall not be offered on Home Language and First or Second Additional Language level, or on First and Second Additional Language level.
A candidate may not offer both Mathematics and Mathematical Literacy.
A maximum of one subject developed and assessed by an accredited assessment body that is not the Department of Basic Education, and approved by the Minister for this purpose, may be offered to meet the requirements of three (3) Group B subjects as contemplated in paragraph 9(1)(a)(iv). Such subjects are listed in Annexure C.
Additional approved subjects will be added to Annexure C from time to time.
Where a candidate has completed more than one Practical Music programme of one of the listed Music examination bodies, namely the Associated Board of Royal Schools Practical Music Examination or Trinity College of London Practical Music Examination or Unisa Practical Music Examination, only the highest level of achievement obtained by the candidate, namely Grade 6 or 7 from that examination body will be recognised for the National Senior Certificate.
Learners offering a Practical Music programme of one of the following Music examination bodies, namely the Associated Board of Royal Schools or Trinity College of London or Unisa, must comply with the requirements for the offering of music programmes of accreditted assessment bodies, as contemplated in Annexure D of the policy document, National policy on the conduct, administration and management of the National Senior Certificate: A qualification at Level 4 on the National Qualifications Framework (NQF): Government Gazette, No. 30048, and Annexure C of the Regulations pertaining to the conduct, administration and management of assessment for the National Senior Certificate: Government Gazette No. 31337 of 29 August 2008.
A candidate may not offer both Computer Applications Technology and Information Technology.
A candidate may not offer both Consumer Studies and Hospitality Studies.
Subject to the provisions of Paragraph 16(4)(d) and (e) of the General and Further Education and Training Quality Assurance Act, 2001 (Act No.
Achieved 40% in three subjects, one of which is an official language at Home Language level, and 30% in three subjects, provided the School-Based Assessment component is submitted in the subject failed.
A condonation of a maximum of one (1) subject will be applied if a candidate requires a maximum of 2%, either to obtain a pass at 30% or 40%. Such a condonation will be applied in only one subject, provided the application of the condonation allows the candidate to obtain the National Senior Certificate qualification.
the Associated Board of Royal Schools Practical Music Examination: at least 65%.
Trinity College of London Practical Music Examination: at least 65%.
Unisa Practical Music Examination: at least 50%.
having begun his or her schooling at a school in South Africa, has attended school outside South Africa for two or more consecutive years after Grade 6 or its equivalent.
An immigrant candidate as contemplated above may offer only one (1) official language on at least First Additional Language Level and obtain a rating of 30% in that language, provided that another subject from Group B is offered in lieu of the one official language that is not offered, provided further that the immigrant candidate complies with the promotion requirements as contemplated in paragraph 11(1).
B4 at Annexure B.
offer his or her home language on the A-Level of the General Certificate of Education (GCE) of the United Kingdom, or an examination recognised by the Department of Basic Education as equivalent to Home Language level for this purpose.
The marks as supplied by the concerned assessment body will be taken into account, or if the actual marks are not available the results will be converted in accordance with the table below, with the proviso that the candidate may not offer two similarly named languages.
the relevant official documentation issued by the Department of Home Affairs; and the relevant official documentation issued by the school where the learner entered the South African school system for the first time.
the Deaf may offer one (1) official language at First Additional level, provided that another subject from Group B is offered in lieu of the one official language that is not offered, provided further that such Deaf candidate complies with the promotion requirements as contemplated in paragraph 11(1).
Aphasic and dyslectic candidates may offer only one (1) official language at First Additional level, provided that another subject from Group B, is offered in lieu of the one official language that is not offered, provided further that such aphasic or dyslectic candidate complies with the promotion requirements as contemplated in paragraph 11(1).
learners suffering from a mathematical disorder such as dyscalculia may be exempted from the offering of Mathematical Literacy or Mathematics, provided that another subject from Group B is offered in lieu of Mathematical Literacy or Mathematics, provided further that such candidate complies with the promotion requirements as contemplated in paragraph 11(1).
White Paper 6 on Special Needs Education: Building an Inclusive Education and Training System (2001), guides policies related to learners experiencing barriers to learning.
Learners will be assessed internally according to the requirements as specified in the National Protocol for Assessment (Grades R- 12) (Addendum 1) and the Subject Assessment Guidelines of January 2008. The internal assessment marks allocated to assessment tasks completed during the school year will be 25% of the total mark, and the end-of-year mark 75% of the total mark.
The end-of-year assessment must consist of an end-of-year examination that is internally set, marked and moderated, as specified in the National Protocol for Assessment (Grades R- 12) (Addendum 1) and the Subject Assessment Guidelines of January 2008.
The internal assessment mark will be 25%, and the external assessment mark 75% of the total mark, as specified in the National Protocol for Assessment (Grades R- 12) (Addendum 1) and Subject Assessment Guidelines of January 2008. The internal assessment will be externally moderated.
The weighting for assessment in the subject Life Orientation in Grade 12 is an exception. The internal assessment component will be 100% of the total mark. The internal assessment will be externally moderated.
The final mark is rounded down if the first decimal is less than 5 and rounded up if the decimal is 5 and above e.g. a final mark of 70,3 will be rounded down to 70 and a final mark of 70.6 is rounded up to 71.
Seven levels of competence have been described for each subject in the National Protocol for Assessment (Grades R- 12) (Addendum 1) and the Subject Assessment Guidelines of January 2008. The various achievement levels and their corresponding percentage bands are as shown in Table 1 below.
These descriptions are intended to assist teachers to assess learners and grade them at the correct level.
Teachers or examiners must record learners' results in marks and report them as percentages.
The percentage obtained will determine which rating code on the scale of achievement will be allocated to a learner.
Register for a maximum of two subjects for the supplementary examination in the following year. These two subjects must be, subject to subparagraph (c), offered in the previous end-of-year examination. This option may only be exercised once by a part-time candidate, namely after completion of the National Senior Certificate, that is, his or her final end-of-year examination.
Register for Life Orientation, which is internally assessed, as one of the two subjects to be registered for the supplementary examination in subparagraph (a). The re-assessment of Life Orientation must be completed within the period in which the supplementary examination is conducted.
Be allowed to combine the one or more repeated subjects with those already passed to enable them to obtain a National Senior Certificate in terms of the current National Senior Certificate requirements. That in the combination of the subjects, the performance in the seven (7) subjects would be taken into consideration, provided that the combination meets the programme requirements of the National Senior Certificate as contemplated in paragraphs 9 and 10 of the policy document . National Senior Certificate: A Qualification at Level 4 on the National Qualifications Framework (NQF), promulgated in Government Gazette No. 27819 as Government Notice, No 744 of 20 July 2005.
If a candidate is medically unfit and, as a result, is absent from one or more external examinations, he or she may register for the supplementary examination.
a candidate who is one requirement short of meeting the minimum admission requirements for Higher Certificate, Diploma and Bachelor's degree programmes requiring a National Senior Certificate; or a candidate that provides documentary evidence that he or she qualifies for admission to a higher education institution or for an occupation, but does not satisfy the higher education faculty requirements or the requirements for the specific occupation. For this purpose, the end-of-year and the supplementary examinations will be regarded as one examination sitting.
If there is a death in the immediate family of a candidate, or other special reasons for the candidate's absence, he or she may register for the supplementary examination.
In cases contemplated in subparagraphs (1) to (4) above, the School-Based Assessment mark of the Grade 12-year will be used, including practical or oral assessment marks where applicable, in order to meet the internal assessment and external examination requirements.
In a case where an irregularity is being investigated, provisional enrolment for the supplementary examination may be granted to the candidate concerned, pending the outcome of the investigation.
A candidate who did not write or complete the end-of year examination with a valid reason, has the opportunity to write the supplementary examination for the specific examination question paper he or she did not write in the end-of-year-examination. However, should the candidate select to write the entire subject, even though he or she has been absent for one or more examination question papers, the candidate should be allowed to exercise this option.
In terms of Section 4 of the Employment of Educators Act, 1998, all school-based educators should be at school during the formal school day. Each school day should be at least seven hours, allowing for 35 hours per five-day week.
The contact time for teaching National Curriculum Statement Grades 10-12 for Grades 10, 11 and 12 will be 27,5 hours per week, excluding the time allocated to breaks, assemblies and extramural activities.
Life Orientation: 2 hours per week; and time allocation for the Group B subjects (12,0 hours): 4,0 hours per week should be allocated to each of the three Group B subjects.
Table 2 gives a summary of the time allocations.
The allocated 27,5 hours per week may be utilised only for the minimum required National Curriculum Statement Grades 10-12 subjects as specified above, and may not be used for any additional subjects. Should a learner wish to offer additional subjects, additional time must be allocated for the offering of these subjects.
The policy document, the National Senior Certificate: A qualification at Level 4 on the National Qualifications Framework (NQF), promulgated in Government Gazette No.27819 of 20 July 2005 is repealed and replaced with this document.
Unsuccessful Senior Certificate candidates in the Senior Certificate examination of 2007, as well as part-time candidates enrolled for the Senior Certificate by 2007, will be given an opportunity until May/June 2011 to complete the Senior Certificate programme. All Senior Certificate subjects successfully completed prior to 2006 will be recognised for the issuing of the Senior Certificate until May/June 2011.
No new enrolments of full-time or part-time learners will be accepted in Grades 10 for any subjects of Report 550 from 1 January 2006.
From 2006 all learners in Grades 10-12 offer the National Curriculum Statement Grades 10 - 12.
part-time candidates who are already enrolled for the Senior Certificate, candidates who have passed Grade 11 in previous years; and other special cases where the Heads of provincial and independent assessment bodies may use their discretionary powers to allow such candidates admission to the May/June Senior Certificate examination.
All Senior Certificate subjects, successfully completed prior to 2007 and provided they are in compliance with the policy document, Résumé of instructional programmes in schools, Report 550 (2001/08), will be recognised for the issuing of the Senior Certificate until May/June 2011.
No new enrolments of learners will be accepted in Grades 10 for any subjects listed in the policy document, a Résumé of instructional programmes in schools, Report 550 (2001/08) from 1 January 2006.
National education policy pertaining to part-time candidates as stipulated in the policy document, National policy on the conduct, administration and management of the National Senior Certificate: A qualification at Level 4 on the National Qualifications Framework (NQF), will, subject to Regulation 59(4) of the Regulations pertaining to the conduct, administration and management of assessment for the National Senior Certificate, published in Government Gazette No. 31337 of 29 August 2008, continue to exist until such a date as determined by the Minister of Basic Education.
The Minister may in terms of Sections 3(4)(l) and 7 of the National Education Policy Act, 1996 (Act No. 27 of 1996), amend the transitional arrangements as contemplated in paragraph 20. Such amendments to the transitional arrangements may be regulated in terms of Section 61 of the South African Schools Act, 1996 (Act. No. 84 of 1996).
This Policy may be cited as the National Senior Certificate: A qualification at Level 4 on the National Qualifications Framework (NQF) and will come into effect on the date of publication in the Government Gazette.
applied competence -the ability to put into practice in the relevant context the exitlevel Learning Outcomes and Assessment Standards required for obtaining the qualification.
candidate -means a learner who has entered for the final National Senior Certificate examination in Grade 12.
certification - issuing of the National Senior Certificate by Umalusi when the minimum promotion requirements have been met.
Department of Basic Education: -means the national department responsible for education.
Examination: -means the National Senior Certificate examination conducted at the end of the year.
assessment body -means the body accredited by Umalusi, the Council for Quality Assurance in General and Further Education and Training, in accordance with the criteria determined by the South African Qualifications Authority and approved by the Minister in terms of section 16(6) of the General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001. The assessment bodies are the nine provincial departments of education and independent assessment bodies approved by Umalusi.
full-time learner -is a learner who has enrolled for tuition and who offers a National Senior Certificate in a full-time capacity at a public or independent school or any other registered institution and who presents seven (7) subjects in terms of the National Senior Certificate requirements. Such a candidate must fulfill all internal assessment requirements, including oral and practical requirements where applicable.
grade -means that part of an educational programme, which a learner may complete in one school year, or any other education programme, which the Member of the Executive Council (MEC) may deem to be equivalent thereto.
Head of Department -refers to the Head of a provincial education department.
Head of the institution -refers to the educator appointed as principal or acting as principal of a school or the head of any other registered learning institution.
immigrant candidate: -refers to a learner who enters the South African school system at a late stage and as a result thereof was not exposed to the full spectrum of all the South African official languages. Such a candidate will under certain conditions be exempted from complying with the language requirements of the National Curriculum Staement Grades 10-12.
independent school -means a school defined in terms of section 1 of the South African Schools Act, 1996 (No. 84 of 1996).
internal assessment -means an assessment, contemplated in section 1 of the General and Further Education and Training Quality Assurance Act 58 of 2000.
language levels - refers to all official and non-official languages and may be offered at the following three levels, namely Home Language, First Additional Language and Second Additional Language. Home Language is first acquired by children through immersion at home, the language in which they think. First Additional language provides for levels of language proficiency that meet the threshold levels necessary for effective learning across the curriculum. In the Second Additional Language the emphasis is on listening and speaking skills.
learner -means a learner, contemplated in section 1 of the South African Schools Act 84 of 1996.
Learner Evidence of Performance -means the collection of the learner's work that is used to compile his or her internal assessment mark.
MEC means a Member of the Executive Council, contemplated in section 1 of the South African Schools Act 84 of 1996.
National Qualifications Framework (NQF) - is a ten-level framework to provide for the registration of national standards and qualifications.
National Senior Certificate - means a qualification at Level 4 on the National Qualifications Framework (NQF) that will be awarded in 2008 for the first time to Grade 12 candidates who comply with the national policy requirements set out in the policy document, The National Senior Certificate: A qualification at Level 4 on the National Qualifications Framework (NQF).
promotion -the progression of a learner from one grade to the next when that learner meets the minimum requirements for the achievement of outcomes in the particular grade.
qualification -a planned combination of exit-level Learning Outcomes and Assessment Standards, which has a defined purpose and that is intended to provide learners with applied competence and a basis for further learning. This culminates in the formal recognition of learning achievement through the award of a formal certificate.
1 of the South African Schools Act 84 of 1996.
Repeat candidate means a candidate who has failed the National Senior Certificate examination and who wants to repeat his or her Grade 12-year as a full-time candidate.
school -in this document, a 'school' is a public school or an independent school which enrols learners in Grades 10 to 12 , contemplated in section 1 of the South African Schools Act 84 of 1996.
Grades 10-12 (General).
supplementary examination means an examination contemplated in Paragraph 16.
teacher portfolio means the full and final record of all the tasks that must be presented by the learner in his or her internal assessment mark for a particular subject, for assessment with regard to the National Senior Certificate. The teacher portfolio will also include marking guidelines and assessment rubrics.
Culture and Arts Dance Studies; Design; Dramatic Arts; Music; Visual Arts.
Services Consumer Studies; Hospitality Studies; Tourism.
Learners may offer a maximum of one subject developed by accredited assessment bodies other than the Department of Basic Education, provided that such a subject is accommodated in national education policy. A maximum of 20 credits may be allocated to such subjects. Accredited providers that wish to offer their subjects as part of the National Curriculum Statement Grades 10-12 may do so, subject to the approval of the Department of Basic Education.
The subjects listed in paragraph C2 are approved subjects from other accredited assessment bodies. Only in exceptional cases will additional subjects in this category be considered by the Department of Basic Education.
Since the rating scale of the external examining body is not in accordance with that of the National Senior Certificate - the rating (1 - 7) will not be indicated on the statement of results and on the final certificate issued by Umalusi.
The actual mark obtained by the candidate will be reflected on the Statement of Results, with an asterisk denoting that this subject was offered by an external assessment body and that the pass mark in this subject is stipulated by the assessment body.
Learners who offer the Associated Board of Royal Schools, Trinity College of London or UNISA Practical Music Examination, Grades 6 and 7 must comply with the prerequisite theoretical components as offered by the respective three institutions, namely the Associated Board of Royal Schools, Trinity College of London and UNISA, namely Grades 6 for the Theory of the Associated Board of Royal Schools and Trinity College of London, and Grade 5 for UNISA.
fifth, sixth and seventh digits: unique subject codes within each NQF organising field (subject grouping); and eighth digit: NQF level of the subject.
<fn>GOV-ZA.2681En.2012-02-10.en.txt</fn>
Annexure 3: Subscription 80 istelle.pienaar@gpw.gov.
Istelle Pienaar at Tel. (012) 334-4504. Shirley Beetge at Tel. (012) 334-4565 Maureen Toka, Tel. (012) 334-4507 Ronnie Mashifane, Tel. (012) 334-4735 or Maggie Jumba, Tel. (012) 334-4794.
The submission of advertisements closes the Friday before the publication date at 15:00.
Please note: No late advertisements will be accepted after the closing time.
Advertisements are submitted directly to Government Printing Works: Complete the necessary forms and fax it to 012-323 8805 or 012-334 5830 or e-mail to istelle.pienaar@gpw.gov.
The Tender Bulletin appears every Friday, except when there is a Public Holiday involved, and then the closing date for acceptance of tenders will be forwarded with one day. These publication dates that influence the closing dates of the Tender Bulletin, are published for your convenience at the back of each Tender Gazette.
Bidders are advised to read the entire Government Tender Bulletin. No officer of any Procurement Activity will be held responsible for loss of a potential opportunity to bid due to possible incorrect categorising of requirements.
Please note that all documents issued by the National Department of Public Works will be sold. Amount to be paid will be indicated in the advertisements. These amounts will NOT be refunded.
No documents will be exchanged.
R50,00 per set for all services with a pre-estimated value from above R100 000 to R300 000.
R100,00 per set for all services with a pre-estimated value above R300 000 to R2 000 000.
Contract Management: The Chief Director: Contract Management, 240 VermeulenStreet (corner of Andries and VermeulenStreets), Pretoria.
Tender InformationCentre, 240VermeulenStreet (Ground Floor), behind ABSA Bank, next to Salzburg Restaurant (corner of Andries and VermeulenStreets), Pretoria.
A free one day training regarding electronic bidding, will take place on Monday, Tuesday, Wednesday and Thursday after electronic responses.
Normally all bids close at 11:00 on the closing date as indicated on the bid document.
Tel. (012) 315-5858 or 315-5732 Fax (012) 315-5734.
DESCRIPTION REQUIRED AT TENDER No.
Supply and delivery of pillow cases and bed sheets. Compulsory site meeting: Date: 14 June 2011. Time: 11h00. Place: Central Procurement Service Centre. Contact persons: Colonel I. Arends, Tel: (012) 355-1596 or Lieutenant Colonel N. C. Pascoe, Tel: (012) 355-1302. Bid documents can be collected at the Central Procurement Service Centre.
The supply, delivery (including individualy packaged) and fitting of appropriate uniform for various staff categories at Groote Schuur Hospital. Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.
Cooler box - 52.
The supply and delivery of resealable tablet/capsule bags to pharmaceutical services under the control of the Department of Health: Western Cape Provincial Government, for a three year period. Bid document will also be available electronically. Please submit requests with full company and contact details to: Ms Le-Anne Theys@Lbtheys@pgwc.gov.za, or Fax to 086 664 4713/(021) 483-2530. A non-refundable fee of R50,00 will be payable for hard and electronic copies of bid document. Payments in cash only must be deposited into Department of HealthÊ¼s account: Bank & branch: Nedbank, Cape Town Branch code: 14 52 09 Account No: 1452 045 097 Deposit slips must reflect bid number and bidderÊ¼s name.
The supply and delivery of the larvicide for the control of blackfly (Simulium Chutteri), for a period of two (2) years. Mr J. D. Tladi, Tel: (012) 319-7568. General enquiries contact person: F. Gajana, Tel. No: (012) 319-6983 Pretoria 4.4.12.4.
Supply and delivery of clothing lockers. Compulsory site meeting: Date: 14 June 2011. Time: 11h00. Place: Central Procurement Service Centre, Conference Room. Contact persons: Colonel I. Arends, Tel: (012) 355-1596 or Lieutenant Colonel N. C. Pascoe, Tel: (012) 355-1302. Bid documents can be collected at the Central Procurement Service Centre.
Supply and delivery of warrior tents ablution. Contact persons: Major P. J. Steyn, Tel: (012) 529-1901. Bid documents can be collected at the Central Procurement Service Centre.
Supply and delivery of cement (cem I42.5N) in Bulk Construction West at De Hoop Dam in the Limpopo Province. A non-refundable deposit of R200 (cash/bank-guaranteed cheque) is payable on obtaining of bid documents.
Supply and delivery of two (2) 11 m3/min fad air compressors to construction. A non-refundable deposit of R200 (cash/bank-guaranteed cheque) is payable on obtaining of bid documents.
Supply and delivery of rip rap material at S1 Balancing Dam near Jacobsdal in the Free State. A non-refundable deposit of R200 (cash/bank-guaranteed cheque) is payable on obtaining of bid documents.
NB: A compulsory information session will be held on 14 June 2011 at 11h00 at the Grand Central Towers, Lower Plein Street, Cape Town, 2nd Floor, Conference Room 4. Bid documents are available from date of advertisements at the address below Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 2 points the 1983 and 1993 Constitutions (b)Who is a female: 1 point (c)Persons with disability: 1 point 2.
Supply of trousers, men, black, serge, as per SAN Specification. Various sizes.
Supply of tunic, men, white, as per SAN Specification. Various sizes.
Supply, delivery, testing, calibration, demonstration (including specified training) and commissioning in good working order of one (1) surgical microscope for use in the Neurosurgery Department. Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.
A compulsory site inspection on 22 June 2011 at 11h00. Prospective bidders/tenderers to meet at main entrance of Benoni vehicle yard. CIDB requirements-6 GB or 5 GB PE. Note: Documents will be sold at a non-refundable deposit of R300,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. No: (011) 713-6233/Moeketsi Mosila, Tel. No: (011) 713-6118. General enquiries: Mr Cedrick Honwani (Project Leader), Tel. No: (011) 713-6045 SAPS: Benoni vehicle yard: Repairs and renovations to buildings (Electrical & Civil). This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality: Historically Disadvantaged Individuals (HDI) Persons who had no 4 points Price: 100% (of 90) franchise in national elections before the 1983 and 1993 Constitutions Who is a female: 3 points Quality/Functionality: 0% (of 90) Persons with disability: 2 points Other: 1 point Total must equal: 10 points Total must equal: 100% (of 90) Benoni JHB.
A compulsory site inspection on 8 June 2011 at 14h00. Prospective bidders/tenderers to meet at Dordrecht SAPS. Note: Documents will be sold at a non-refundable deposit of R500 CASH per set. Contact for bid information: Mr A. Ndamase and Mr Xulu, Tel. No: (047) 502-7060. General enquiries: Mr Fono, Tel. No: (047) 502-7000/079 514 8360 Dordrecht Police Station: Repairs and renovations to police complex including electrical and civil work. CIDB grading designation: 7GB or higher.
Jamestown (East Cape) Police Complex: Repairs and renovations and replace fences. CIDB grading designation: 6GB or higher.
A compulsory site inspection on 9 June 2011 at 14h00. Prospective bidders/tenderers to meet at Mount Ayliff Prison. Note: Documents will be sold at a non-refundable deposit of R500 CASH per set. Contact for bid information: Mr A. Ndamase and Mr Xulu, Tel. No: (047) 502-7060. General enquiries: Mr Mbazi, Tel. No: (047) 502-7000/079 514 8239 Mount Ayliff Prison: Repairs and upgrade. CIDB grading designation: 6GB or higher.
A compulsory site inspection on 9 June 2011 at 09h00. Prospective bidders/tenderers to meet at Ndengane SAPS. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for bid information: Mr A. Ndamase and Mr Xulu, Tel. No: (047) 502-7060. General enquiries: Mr Fono, Tel. No: (047) 502-7000/079 514 8360 Ndengane Police Complex: Complete renovations. CIDB grading designation: 5GB or higher.
A compulsory site inspection on 13 June 2011 at 10h00. Prospective bidders/tenderers to meet at Tsolo Magistrate Office. Note: Documents will be sold at a non-refundable deposit of R700 CASH per set. Contact for bid information: Mr A. Ndamase and Mr Xulu, Tel. No: (047) 502-7060. General enquiries: Mr Mkhwanazi, Tel. No: (047) 5027000/079 514 8360 Tsolo Magistrate Office: Repairs and renovations. CIDB grading designation: 7GB or 6GB PE.
Worcester Correctional Centre: Repairs and maintenance of buildings, civil infrastructure and related services. CIDB contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 7 GB or 7 CE* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 6 GB PE or 6 CE PE* or higher.
NB: A compulsory site inspection on 23 June 2011 at 10h00. Prospective tenderers to meet at Worcester Correctional Centre. Note: Documents will be sold at a non-refundable deposit of R700 CASH per set. Contact for tender information: H. Dzingwe, Tel: (021) 402-2077. General enquiries: W. J. Mouton, 082 329 4388 Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 5 points the 1983 and 1993 Constitutions (b)Who is a female: 2 points (c)Persons with disability: 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted 2 points enterprises (Tender and Contract Conditions PA-16.
Contract No. C 816 Rehabilitation of sections of Divisional Roads 1775 and 1770 and Main Roads 382 & 390. A compulsory site visit/clarification meeting will take place on Tuesday, 14 June 2011 at 11h00, punctual at the Plettenberg Bay Municipal Offices, 17 Marine Drive, Plettenberg Bay. Tenderers must be registered with the Construction Industry Development Board (CIDB) in the 8 CE class of construction works, or higher. Non-refundable deposit: R400,00.
Supply and delivery of a cleaning service (general workers) for Groote Schuur GSH 2011-06-17 307 307 two (2) year period.
A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders.
NB: If payment made by EFT (Electronic Fund Transfer) a bid document. Copy to be of good quality.
Department of Justice & Constitutional Development: Randfontein JHB.
Randfontein MagistrateÊ¼s Court: Rendering of cleaning services, for a period of 24 months.
A compulsory site inspection on 14 June 2011 at 11h00.
MagistrateÊ¼s CourtÊ¼s main entrance.
R100,00 CASH per set.
Contact for bid information: Mr James Lesejane, Tel.
713-6233/Moeketsi Mosila, Tel. No: (011) 713-6118.
Department of Justice & Constitutional Development: Johannesburg MagistrateÊ¼s Court, c/o Fox and Ntemi Piluso Street: Rendering of cleaning services, for a period of 24 months. Johannesburg JHB.
A compulsory site inspection on 10 June 2011 at 11h00. Prospective bidders/tenderers to meet at Johannesburg MagistrateÊ¼s CourtÊ¼s main entrance. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. No: (011) 713-6233/Moeketsi Mosila, Tel. No: (011) 713-6118. General enquiries: Ms Mantsi Nyapisi (Project Leader), Tel.
King WilliamÊ¼s Town: SASSA: Service Office: Alternative King WilliamÊ¼s LSPE 2011-07-06 9 9 accommodation.
Town wherein the said client will be accommodated.
Tenderers will be required to submit tenders for a lease period of 2 and 5 years which is mandatory and applicable options where necessary. The Department further reserves the right to award a longer term lease should the award thereof be in compliance with its BEE strategy.
A detailed list of the required accommodation is available on request. The accommodation should be of good standard, with acceptable thermal behaviour and it is required within the specified time.
Port Elizabeth.
Ground Floor, before closing date and time. The tender number must be clearly indicated on the sealed envelope.
Written proof has to be furnish confirming that the tenderer is authorised on the closing date and time to offer the building/accommodation for hiring.
Donges Building, Port Elizabeth, North End, Hancock Street, to collect on the 2nd Floor, Room 296.
will not be accepted.
Contact for technical information: Ms L.
Ms S. MinnÊ¼e, Tel: (041) 408-2059/408-2067.
For tender enquiries, contact: Mr P. N. Blouw/Ms B.
Ms H. Matshikiza, Tel.
Prospective tenderers are invited for the supply and letting to National Department of Public Works for office space, measuring 187.50 m2, and 3 under cover parking for the Department of Tourism, as listed, in an existing building or building under construction in the CBD area with a radius of 3 km from the centre of the town in East London wherein the said client will be accommodated. Tenderers will be required to submit tenders for a lease period of 2 and 5 years which is mandatory and applicable options where necessary. The Department further reserves the right to award a longer term lease should the award thereof be in compliance with its BEE strategy. An option to renew for a further period will be applicable at the discretion of the Department. A detailed list of the required accommodation is available on request. The accommodation should be of good standard, with acceptable thermal behaviour and it is required within the specified time. Tenders, preferably valid for a period of 90 days, must be submitted on the prescribed form, which is obtainable from Room 296, Eben Donges Building, Hancock Street, North End, Port Elizabeth. The tender should be placed in a sealed envelope and deposited in the tender box situated on the Ground Floor, before closing date and time. The tender number must be clearly indicated on the sealed envelope. Written proof has to be furnish confirming that the tenderer is authorised on the closing date and time to offer the building/accommodation for hiring. Note: Documents will be sold at a non-refundable deposit of R100 CASH/postal orders per set payable at cashiers from 08h00-12h45 and 13h30-15h30 on the 4th Floor, Eben Donges Building, Port Elizabeth, North End, Hancock Street, to collect on the 2nd Floor, Room 296. Telegraphic, telephone, telex, facsimile and late documents will not be accepted. Contact for technical information: Ms L. Wasserman or Ms S. MinnÊ¼e, Tel: (041) 408-2059/408-2067. For tender enquiries, contact: Mr P. N. Blouw/Ms B. Roberts, Ms H. Matshikiza, Tel. (041) 408-2076/408-2035/408-2053 East London: Department of Tourism: Alternative accommodation.
Installation of fire alarm system PA system and CCTV system in ARV clinic; Knysna Hospital: Knysna. Designated Grading: 2SF or higher. Project Leader: Ms A. Claasen, Tel: 083 641 5062.
No site inspection. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. Contact for tender information: Kgomotso Mogatusi, Tel: 082 529 3301. General enquiries: Mxolisi Magwaza, Tel: 082 806 5828. Virginia Maginia Magistrate Office: Repairs and renovations. CIDB contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 GB or 4 GB* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 4 GB PE or 4 GB PE* or higher. This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation: The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female: 2 points (c)Persons with disability: 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
Procurement of network points and maintenance and support of routers and switches for the entire Department of Home Affairs. Compulsory briefing session: Date: Wednesday, 15 June 2011. Time: 10h00 am. Venue: 270 Maggs Street, Waltloo, Pretoria. NB: Bid documents will only be available at the briefing session. For more information, please contact: Premjith Supersad, Tel: (012) 810-6414, for bid procedures.
Mowing and cutting of grass and shrubs on Trunk Road 31 Section 3, km 1.22 to km 62.50 (Montague to Barrydale) and Trunk Road 65 Section 1, km 0.00 to km 32.70 (N2 near Suurbraak to Barrydale). A compulsory tenderers meeting will be held on Tuesday, 14 June 2011 at 10h00 at the Cape Winelands District Municipality Maintenance Depot, Louis Lange Street, Worcester. Tender documents will be sold at R30,00 per set. This amount will not be refunded.
Mowing and cutting of grass and shrubs on Trunk Road 31 Section 1, km 1.37 to km 45.11 (Worcester to Robertson), Trunk Road 31 Section 2, km 1.46 to km 25.82 Robertson to Montague) and Trunk Road 32 Section 1, km 0.00 to km 45.15 (Ashton to Swellendam). A compulsory tenderers meeting will be held on Tuesday, 14 June 2011 at 10h00 at the Cape Winelands District Municipality Maintenance Depot, Louis Lange Street, Worcester. Tender documents will be sold at R30,00 per set. This amount will not be refunded.
Mowing and cutting of grass and shrubs in the Stellenbosch Area. A compulsory tenderers meeting will be held on Wednesday, 15 June 2011 at 10h00 at the Office of the Regional Manager (District Roads Engineer), Main Road, Suider-Paarl. Tender documents will be sold at R30,00 per set. This amount will not be refunded.
Amendment of request for proposal: Bidders are hereby informed about the amendment for: Mobiles classrooms, Grade R mobile classrooms and mobile toilet blocks. Compulsory briefing session: Date: 8 June 2011. Time: 09h00. Venue: 75 Fox Street, Gauteng Department of Finance, Auditorium Ground Floor. RFP document are obtainable at a cost of R100,00, not refundable at Imbumba House, 75 Fox Street, Marshalltown, Ground Floor, Tender Issue Desk or online at www.finance.gpg.gov.za Go to Economic Opportunities "Tenders". Administrative enquiries: Mr Andries Grove, Tel: (011) 689-6561/Jaco Smit, Tel: (011) 689-6058 or Tender. Admin@ gauteng.gov.
Request for proposals: Proposals service provider for the Development of the Gauteng Department Education School Maintenance System (Roster) Upgrading Using SAP SRM. Briefing session is not compulsory, but highly recommended. Date: 10 June 2011. Time: 09h00. Venue: GSSC, 75 Fox Street, Auditorium, Ground Floor. RFP document are obtainable at a cost of R100,00, not refundable at Imbumba House, 75 Fox Street, Marshalltown, Ground Floor, Tender Issue Desk. RFP documents are also obtainable online at no cost at www.finance.gpg.gov.za Go to Economic Opportunities and select tenders. Contacts: Technical queries: Mr Claude B. Baxter, Director: Information Systems. Tel: (011) 355-0777. Mobile: 083 251 6935. Fax: (011) 355-0134. E-mail: Claude. Baxter@gauteng.gov.za Contract and administrative enquiries: Gerrie Harmse, Tel: (011) 689-8086. E-mail: gerrieh@gpg.gov.za / Jaco Smit, Tel: (011) 689-6058. E-mail: tender.admin@gauteng.gov.
A compulsory site inspection on the 14-06-2011 at 11h00. Prospective tenderers to meet at Plant Health Quarantine Station, Polka Drive, Stellenbosch. Note: Documents will be sold at a non-refundable deposit of R100 CASH per set. Contact for tender information: H. Dzingwe, Tel: (021) 402-2077. General enquiries: T. Wolfaardt, Tel: (021) 402-2223 Stellenbosch: Plant Health Quarantine Station: Construction of Agrochemical Store. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 3 GB or higher. This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 6 points the 1983 and 1993 Constitutions (b)Who is a female 3 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
The Special Investigating Unit (SIU) requests qualified property owners, property managers or service providers to make proposals to provide office accommodation on a threeyear lease basis for an SIU Office in Mmabatho or Mafikeng. Synopsis of main minimum requirements: The full minimum requirements are set out in the SIUÊ¼s Terms of Reference ("TOR"), but without limiting the requirements set out in the TOR, the following main minimum requirement will apply, inter alia: (a)Approximately 840 m2 of usable Class A Grading Office Space; (b)Approximately 25 to 40 parking bays, situated in a secure area on the property housing the office space; (c)The office must be located within a corporate environment, which inter alia means that the property and the buildings comprising the bidderÊ¼s proposal and that of neighbouring properties must have a corporate look and feel; (d)The property, buildings and the office offered to the SIU must be fully serviced and maintained by the Landlord, at the LandlordÊ¼s sole expense, against the SIU paying an all-inclusive cost-to company rental. Shortlisting of bidders: The SIU reserves the right at its sole election to compile a short list of up to 3 (three) bidders, deemed by the SIU to be highest scoring on functionality, preferred or otherwise most appropriate, after the initial screening, checking of administrative compliance to the requirements of the TOR and/or the evaluation of the biddersÊ¼ proposals on functionality. If the SIU elects to compile a short list, as afore envisaged, then only the short listed bidders will compete further in the remainder of the evaluation for price and equity preference and in the adjudication processes, while non-short listed bidders will fall out of contention. Documents: The SIUÊ¼s normal tender documents must be completed and submitted on the official SIU forms (such forms may not be retyped or changed in any way). The SIUÊ¼s normal tender documents and the Terms of References ("TOR") for this RFP are available to interested parties against: (a)The interested party making a formal request on the interested partyÊ¼s official letterhead for a copy of the tender documents. Such requests for tender documents must be directed to the official and at the contact details given in the Address List of Annexure 1 to this Tender Bulletin. All requests for bid documents must be in writing. Consequently, telephonic requests for bid documents will not be entertained; and (b)Payment of R150 to the SIU, which shall be nonrefundable. Please be advised that only verified electronic funds transfers, cash or bank-guaranteed cheques will be accepted when purchasing the tender documents. Proposals shall be evaluated and adjudicated upon according to the criteria set out in the TOR or as otherwise prescribed by the applicable Bid Evaluation Committee. Closing date for submission of proposals: All interested parties must lodge their written proposals in sealed envelopes in the designated bid box at the physical address provided in the Address List of Annexure 1 to this Tender Bulletin, not later than 11h00 on 24 June 2011, to avoid the summary rejection of their proposals. Enquiries: Enquiries can be directed to the official and at the contact details given in the Address List of Annexure 1 to this Tender Bulletin. All enquiries msut be in writing. Consequently, telephonic enquiries will not be entertained. Request for proposal (RFP) to provide office accommodation on a three year lease basis.
Request for proposals: Appointment of the service provider to render cleaning service for the Council of Geoscience. Compulsory briefing session will be held as follows: Date: 14 June 2011. Time: 11:00. Venue: 280 Pretoria Road, Silverton, Pretoria, CGS Auditorium. A non-refundable fee of R200,00 is payable on collection of the tender document. Note: Please note this tender is re-advertised and those who have already bought the previous documents must produce proof of payment when collecting the documents and will not charged again. Tender documents obtainable from CGS, Reception. Contact person: L. M. Mampuru, Tel: (012) 841-1250. E-mail: Lmampuru@geoscience.org.za For technical aspects, contact: J. D. Botha, Tel: (012) 841-1219. E-mail: jdbotha@geoscience.org.za or R. Stevens, Tel: (012) 841-1442. E-mail: rstevens@geoscience.org.
Our purchase order is PO-040018, and should be reflected on your invoice.
Rectification of a tender cancellation notice published on 13 May 2011: Tender No. DHET004 is cancelled as published in the Government Tender Bulletin of 20th May 2011, and NOT DHET005 as published in the Government Tender Bulletin at the 13th May 2011. Tender No.
Appointment of a service provider to conduct specialised couching services to the Department of Home Affairs Officials. Compulsory briefing session: Date: 9 June 2011. Time: 10h00 am. Venue: 270 Maggs Street, Watloo, Pretoria. NB: Tender documents will be distributed in the briefing session. For further information, contact: Adv. Supersad, Tel: (012) 810-6414/Ms M.
Appointment of a professional service provider for the development of a comprehensive water conservation and water demand management strategy and business plan for the Gouritz Water Management Area. Bidders are requested to submit 2 copies (1 original and 1 copy). For technical information: Mr S. Mabaso, Tel: (012) 336-7878.
Appointment of a professional service provider for the classification of significant water resources (rivers, wetland, groundwater and lakes) in the Mokolo Catchment: Limpopo Water Management Area (WMA) and Crocodile West Marico WMA. Bidders are requested to submit 2 copies (1 original and 1 copy). For technical information: Mrs Shaine Naidoo, Tel: (012) 336-6707.
Bid documents are obtainable from Bredell Quantity Surveyors. Bid proposals must be lodged in the NZG-Pretoria Bid Box at Reception on or before 29th June 2011 at 12h00. No late bid proposal will be considered.
Venue: NZG-Pretoria Service Entry Gate, Boom Street, Pretoria, 0001.
Failure to attend will disqualify your bid.
Bredell Quantity Surveyors, 134 Bronkhorst Street, Nieu Muckleneuk, Pretoria, South Africa; PO Box 95706, Waterkloof, 0145. Tel: +27 12 346-6599. Fax: 086 509 7152. E-mail: pbredell@bredell.co.
CONTRACT No. 1202/10T FOR THE CONSTRUCTION OF NDONYANE LOW VEHICLE BRIDGE No.
The Province of KwaZulu-Natal, Department of Transport, invites tenders from Experienced Contractors, for the construction of Ndonyana Low Vehicle Bridge No. 3333. The duration of the project will be 4 months.
Tender documents will be available as from 10h00 on Monday, 30 May 2011, during working hours (i.e. 08h00 to 15h00 Monday to Friday) until 15h00 on the day prior to the Clarification Meeting. The physical address for collection of tender documents is: Department of Transport, Acquisition Section, "B" Block, 172 Burger Street, Pietermaritzburg.
Queries relating to this tender may be addressed to: Mr S Mkhasibe, Tel: (033) 345-1853. Fax: (033) 345-1856, E-mail address:siyabonga.mkhasibe@emzansi.co.
Bid No.: DRPW 002/2011.
Description of service: New De Aar Hospital: Main Hospital Building.
Non refundable deposit: R500,00.
Bid documents with terms of reference are available at: Department of Roads & Public Works, 9-11 Stokroos Street, Square Hill Park, Kimberley, 8300. Contact persons: Mr S. Kumalo, at Tel: (053) 839-2123 Mr T. Mgijima, at Tel: (053) 839-2299. Closing date, time and place: 24/06/2011 at 11:00 at Department of Roads & Public Works, 9-11 Stokroos Street, Square Hill Park, Kimberley, 8300. Site meeting/inspection (compulsory): 07/06/2011 at 11:00. A non-refundable deposit of R500,00 is payable for each document. The project will be adjudicated on a 90:10 points system as stipulated in the Preferential Procurement Policy Framework Act 5 (PPPFA) of 2000. NB: The Tax Clearance Certificate as indicated in NCP 2 MUST be submitted in original at the time of closure of bid. No cheques or postal orders are accepted ONLY cash. All forms W2, NCT8, NCT12 and NCP6.1B should be completed and signed.
Quotations must be on the official quotation form, which shall be in all respects, and all information must be as stipulated in the quotation document.
Separate envelopes must be used for each quotation.
Period: 3 months contract.
Only suppliers who attend the site inspection will be given quotation documents.
Quotations must be on the Official Quotation form, which shall be completed in all respects, and all information must be supplied as stipulated in the quotation document.
Quotations must be submitted in sealed envelopes.
Quotation No.: ZNQ 131/2011/12.
Contact person (specification): Nontobeko Mncube Ext. 163.
N.B. Documents will be available from Itshelejuba-Supplies Division.
The name and address of the quoting contractor must be endorsed on the back of the envelope.
All Department of Health contracts awarded are subject to appeals being timeously lodged (if any) and letters of acceptance being issued.
Bidders must comply with specifications.
SUPPLY: Fibreoptic intubation scope as per Specification.
Closing date: 15 June 2011.
Enquiries regarding specification: Matron V Maharaj, on Tel: (031) 460-5149/460-5148.
SUPPLY: 01-3 m x 9 m steel container for boiler operators (specification available).
Quotations must be on the official quotation form, which shall be completed in all respects, and all information must be supplied as stipulated in the quotation document.
NB: The following items will be on 3 months contract.
Contact person: Mrs B. Malinga, Tel: (035) 901-7180/7228.
Closing date: 17 June 2011.
SUPPLY: 7 200 units of HME filters angled-Paeds.
Quotation number: ZNQ 274/11-12.
Quotation number: ZNQ 275/11-12.
Quotation number: ZNQ 277/11-12.
Quotation number: ZNQ 278/11-12.
Closing time: 11:00.
Quotation number: ZNQ 279/11-12.
Quotation number: ZNQ 280/11-12.
Quotation number: ZNQ 281/11-12.
Quotation number: ZNQ 282/11-12.
Quotation number: ZNQ 283/11-12.
Quotation number: ZNQ 284/11-12.
Quotation number: ZNQ 285/11-12.
Quotation number: ZNQ 286/11-12.
Quotation number: ZNQ 287/11-12.
Quotation number: ZNQ 289/11-12.
Quotation number: ZNQ 290/11-12.
Quotation number: ZNQ 291/11-12.
Quotation number: ZNQ 292/11-12.
Quotation number: ZNQ 293/11-12.
Quotation number: ZNQ 294/11-12.
Quotation number: ZNQ 295/11-12.
Quotation number: ZNQ 296/11-12.
Quotation number: ZNQ 297/11-12.
Quotation number: ZNQ 298/11-12.
Quotation number: ZNQ 299/11-12.
Quotation number: ZNQ 301/11-12.
Quotation number: ZNQ 302/11-12.
Quotation number: ZNQ 303/11-12.
Quotation number: ZNQ 304/11-12.
The Centurion Aerospace Village ("the CAV"), an initiative of the dti, intends to establish a panel of attorneys to provide advice on specific matters. Law firms established in terms of the Attorneys Act, 1979 (Act No. 53 of 1979), are hereby invited to submit written proposals to the CAV. The proposals must address the requirements outlined in the bid document which can be obtained from Mrs Marianna Baggio at (012) 662-5379, E-mail: m.baggio@cav.org.
commercial and corporate, Import and Export Law, commercial and corporate law as well as HR Management and Governance preferably King 3.
Please note that late submissions do not qualify for consideration.
To obtain quotation forms, please fax your request to the number stipulated above. No calls will be taken, except for queries relating to specification that are not clearly understood, see number of contact person.
SUPPLY: 05 x CTG Machine wall mounted.
Quotation must be on the official quotation form, which shall be completed in all respects, and all information must be supplied as stipulated in the quotation document.
SUPPLY: 700 x blankets woollen blend moth resistant light grey 150 cm & 200 cm.
Closing date: 2011-06-24.
Contact person regarding specification: Mr C. M. Msimango, Tel: (034) 328-8097.
Quotation number: ZNQ 405/11-12.
Contact person regarding quotation: Mr S. E. Mathonsi, Tel: (034) 328-8354.
Quotation number: ZNQ 406/11-12.
Quotation number: ZNQ 407/11-12.
SUPPLY: 130 x heavy duty stainless steel pedal bins, outer sleeves 430 stainless steel mirror finish with swaged top and bottom edges. Pressed bottom and 304 stainless steel wire handle 20 litres.
Bids must be on the official bid form, which shall be completed in all respects and all information must be supplied as stipulated in the bid document.
Bid No: ZNT 1699/2010 LG.
Contact person: Miss Gugu Dladla, Tel: (033) 395-3066.
Note 1: Potential bidders will not be permitted to enter the briefing session once it has commenced. The briefing session will commence at 10:00 sharp and no late bidders will be permitted to attend and neither will their bids be accepted for consideration.
Note 2: Bid documents are to be collected at the address stipulated strictly prior to the briefing session.
Closing date: 23 June 2011.
Compulsory briefing session: 14 June 2011 at 13h30.
Note 1: Potential bidders will not be permitted to enter the briefing session once it has commenced. The briefing session will commence at 13:30 sharp and no late bidders will permitted to attend and neither will their bids be accepted for consideration.
DEPARTMENT OF LABOUR The Unemployment Insurance Fund (UIF) hereby invites vendors in Gauteng to be pre-qualified as potential service providers for procurement of goods and services below R500 000.
Tuesday, 28 June 2011.
Failure to comply with this requirement will automatically lead to suspension from the UIF Vendor Database. The vendor pre-qualification process will be on annual basis and all applicants will be notified whether their application has been successful or not.
Enquiries: Monique Smith, Tel: (012) 337-1858/079 897 9078, or Maki Phaka, Tel: (012) 337-1753. E-mail: DemandUIF@labour.gov.
Please note: You should be a registered and contributing employer to do business with UIF.
The received applications will be processed and all Applicants will be notified whether their application has been successful or not.
The received applications will be processed and all applicants will be notified whether their application has been successful or not.
Preferential Procurement Scoring System is 90:10.
Functionality will be evaluated out of 100% and the minimum to be achieved by tenderers is 60%.
provide vacation work opportunities for the DRTÊ¼s Bursary students. The physical address for the collection of tender documents during working hours between 08:00 and 15:00, 41 Simmons Street, Sage Life Building, 8th Floor, North Tower. Date: 3 June 2011. A non-refundable tender deposit of R300,00 payable in cash or by bank-guaranteed cheque made out in favour of the Department, payable between 08:30 and 15:00 at the above address is required on collection of tender documents.
SUPPLY/SERVICE: Bid number: Supply and delivery of animal vaccines and basic medicines. ZNB6150/11A.
SUPPLY/SERVICE: Bid number: Closing date: Closing time: Validity period: Technical enquiries: Appointment of a consulting engineer to provide a team of technical staff for the maintenance of piezometers-Makhathini Irrigation Team. ZNB1253/11A. 30 June 2011. 11:00. 90 days. Mr E. Koch, Tel: (033) 343-8328/082 772 1608.
implementation of the above-mentioned agricultural projects.
A compulsory briefing session: Will be held at Cedara on 14 June 2011 at the Cedara Auditorium at 10h00.
Documents will be available at the compulsory briefing session.
Closing date: 30 June 2011.
Enquiries are to be directed to: Mr C. Boldogh, Tel: (033) 355-9534.
NB: Bidders will be required to submit two (2) extra copies of bid documents plus the original on the closing date.
General enquiries: Supply Chain Management Offices, Cedara (Pietermaritzburg), Tel: (033) 355-9172.
BID No.
Bidders are invited from Car Dealer Specialists to supply and deliver TLBÊ¼s and LDVÊ¼s to Lepelle Northern Water. Bid documents will be available as from Tuesday, the 7th of June 2011 on payment of R575 from offices of Lepelle Northern Water, No. 15 Biccard Street, Polokwane. Bid documents will be available during the following office hours: 08h00 to 16h30 (Monday to Friday). A compulsory briefing session will be held at 10:00 on Wednesday the 8th of June 2011. Prospective bidders are requested to meet the Project Manager on the said date and time at No. 15 Biccard Street, in Polokwane. Bids are to be completed in accordance with the conditions and rules contained in the bid documents. All documents must be sealed and labelled with the Bid Number and description, and placed in the tender box, at the offices of LNW in Polokwane situated in No. 15 Biccard Street, in Polokwane, not later than 11h00 on Thursday, the 30th June 2011. Bids will be opened on the indicated date and time, in public. All bids shall hold good for 90 days as from the closing date. Bid documents which are not received and/or deposited in the tender box before 11:00 on the closing date will be marked as late bids and shall in terms of the Procurement Policy of LNW, not be considered. Procurement related enquiries may be directed to Ms Rose Mahlaule at 078 770 4620 and Technical enquiries may be directed to Mr Calvin Mathivha at 082 569 5348. The lowest or any bid will not necessarily be accepted and LNW reserves the right not to consider any bid suitably endorsed or comprehensively completed, as well as the right to accept a bid in whole or part. 90/10 Preferential Points System will be used to evaluate this bid in line with the Preferential Procurement Policy Framework Act, 2000. NB: NOTE THAT A BIDDER WHO FAILS TO ATTEND THE BRIEFING SESSION WILL AUTOMATICALLY BE DISQUALIFIED.
Mr F. Magerman, Tel. (028) 214-7300.
Routes:T596. The details of these transport routes can be perused at the afore-mentioned offices. The closing date for the submission of bids is Friday, 24 June 2011 at 11:00.
Tel: (036) 342-7075. Fax: (036) 342-7115. E-mail: kay.misrilal@kznhealth.gov.
ZNQ No.: ZNQ 255 of 2011/2012.
Department. ZNQ No.: Mat 1 of 2011/2012. Closing date: 2011/06/23. Contact person: Mr B.B. Zimeme, Tel: (036) 342-7197.
The name and address of the bidder must be endorsed on the back of the envelope.
SUPPLY: 1 X camera, endoscopic: GreyÊ¼s Hospital.
SUPPLY: 1 X Duodenoscope-Flexible (Video) RGB: Greys Hospital.
Mr M Mabaso, Tel: (033) 846-7238.
Cleaning of buildings:Hlengisizwe CHC.
Repairs to building and provision of fire escape: Queensburgh EMRS Call Centre.
Supply of coal: Various institutions.
Bid number: ZNB 9038/2011-H.
Enquiries regarding specifications: Mr P.D. Nyembe, Tel: (033) 395-3045.
SUPPLY: Ultra sound machine.
SERVICE: Pietermaritzburg: Fort Napier Hospital: The upgrading of the main sewer line.
CIDB Grading: 3CE.
Contact person: Ms G. Ncanana, Tel: (033) 897-1434.
SERVICE: Construct new clinic at Babanango Clinic, Melmoth.
Bid number: ZNTU 00369 W.
Closing date: 01/07/2011.
Technical enquiries: Mr Greg Hendricks, Tel: (035) 753-4605.
Bid number: ZNTU 00825 W.
Compulsory site inspection (Yes): 09/06/2011.
Bid number: ZNTU 01123 W.
Compulsory site inspection (Yes): 08/06/2011.
Bid number: ZNTU 01107 W.
Tender documents will be strictly issued to bidders who provide proof that they attended a Compulsory Site Inspection Meeting and the date for the collection of tender documents will be communicated by the Department of Public Works Representative/Consultant at the Site Meeting.
REF No.
Closing date: 4 July 2011 at 11h00. The tender document will be available on the RAF website at www.raf.co.za under "publications" on 3 June 2011.
A compulsory site visit/briefing session will be held as follows: Date: 15 June 2011. Time: 10h00 am. Address: RAF Pretoria Office, 252 Middestand Building, Sanlam Centre, cnr Schoeman & Andries Streets, Pretoria.
Further information regarding details of the tender can be requested via e-mail from annah@raf.co.
No telephonic queries will be accepted.
The Road Accident Fund (RAF) is a statutory body that, in terms of the provisions of the Road Accident Fund Act, 1996 (Act 56 of 1996), exists to provide cover to all persons within the borders of South Africa for loss or damage resulting from death or bodily injury caused by the negligent driving of motor vehicles within the borders of the country. The RAF has branches in Cape Town, Durban, East London, Johannesburg and Pretoria where its Head Office is also located. The RAF also has satellite offices in Nelspruit, Polokwane, Welkom, Port Elizabeth, Newcastle, Tzaneen, Lichtenburg, Bloemfontein & Kimberley.
"publications" on 3 June 2011.
Further information regarding details of the tender can be requested via e-mail from fezilem@raf.co.
The National Energy Regulator of South Africa (NERSA) is a regulatory authority established as a juristic person in terms of section 3 of the National Energy Regulator Act, 2004 (Act No. 40 of 2004). NERSAÊ¼s mandate is to regulate the electricity, piped-gas and petroleum pipelines industries in terms of the Electricity Regulation Act, 2006 (Act No. 4 of 2006), Gas Act, 2001 (Act No. 48 of 2001) and Petroleum Pipelines Act, 2003 (Act No. 60 of 2003). The governance structure of the Regulator consists of nine members, five of whom are part-time and four are full-time, including the Chief Executive Officer (CEO). The Regulator is supported by a secretariat under the direction of the CEO.
NERSA has published the consultation paper on Regulatory Rules on Network Charges for Third Party Transportation of Energy on NERSAÊ¼s website at www.nersa.org.za. Stakeholders are requested to comment in writing to networkcharges@nersa.org.
The closing date for submitting written public comments is 27 June 2011.
The National Energy Regulator of South Africa (NERSA) is a regulatory authority established as a juristic person in terms of section 3 of the National Energy Regulator Act, 2004 (Act No. 40 of 2004). NERSAÊ¼s mandate is to regulate the electricity, piped-gas and petroleum pipelines industries in terms of the Electricity Regulation Act, 2006 (Act No. 4 of 2006), Gas Act, 2001 (Act No. 48 of 2001) and Petroleum Pipelines Act, 2003 (Act No. 60 of 2003) and the Petroleum Pipelines Levies Act, 2004 (Act No. 28 of 2004). The governance structure of the Regulator consists of nine members, five of whom are part-time and four are full-time, including the Chief Executive Officer (CEO). The Regulator is supported by a secretariat under the direction of the CEO.
Camdeboo 28.
Cederberg 23.
City of Tshwane (Kungwini & Nokeng tsa Taemane) 22.
City Power 22.
Dipaleseng 26.
Maluti-A-Phofung 29.
Msunduzi 22.
Nelson Mandela 25.
Nketoana 21.
Sasol 26.
Sol Plaatjie 24.
Swartand 22.00% Extensive refurbishment program of absolute and dangerous network equipment.
Umnhlathuze 25.
Umtshezi 23.
Date: 9 June 2011.
Bid No.: DRPW 050/2010.
Mr T.
Closing date, time and place: 22/06/2011at 11:00 at Department of Roads & Public Works, 9-11 Stokroos Street, Square Hill Park, Kimberley, 8300.
Site meeting/inspection (compulsory): 13/06/2011 at 11:00 at DRPW Boardroom, 9-11 Stokroos Street, Square Hill Park, Kimberley.
The project will be adjudicated on a 90:10 points system as stipulated in the Preferential Procurement Policy Framework Act 5 (PPPFA) of 2000.
NB: The Tax Clearance Certificate as indicated in NCP 2 MUST be submitted in original at the time of closure of bid. No cheques or postal orders are accepted ONLY cash.
Quotation number: ZNQ 314 of 2011/12.
SUPPLY: 1 500 pockets of clear plastic bags for T.T.O.
Closing date: 2011/06/13.
Enquiries regarding specification: Mr M.A. Mngadi, Tel: (031) 907-8214.
SUPPLY: 1 500 pockets of clear plastic bags, 90 litre pocket of 50 (six month contract).
500 pockets of yellow plastic, 90 litre, pocket of 50 (six month contract).
Mr M.A. Mngadi, Tel: (031) 907-8214.
8 units of handles for operating theatre dome lights, autoclavable.
ZNQ 83 of 2011/12.
Mrs P. Ngcobo, Tel: (031) 907-8372.
ZNQ 325 of 2011/12.
Mr Lloyd, Tel: (031) 907-8385.
C/o must be registered to Construction Industry Development Board.
ZNQ 327 of 2011/12.
Quotation number: ZNQ 326 of 2011/12.
Time: 09:00 am.
Contact person: Mr Lloyd, Tel: (031) 907-8385.
MTK 10/2011 Prieska, Old Hospital Site Rehabilitation Located in the Town of Prieska, Northern Cape Province Prieska Town Hall, 23 June 2011, 12:00.
MTK 12/2011 Heuningvlei Mine Rehabilitation Located in the Town of Heuningvlei, Northern Cape Province Bareki Tribal Authority Offices, Heuningvlei, 22 June 2011, 10:00.
The site visits are compulsory and no bid will be considered without the signed attendance certificate which will be handed out to prospective bidders during the site visit.
Bid documents are available free of charge from Mintek but will NOT be available as hard copies or electronic copies during the compulsory briefing sessions. Prospective bidders are advised to collect bid documents beforehand or to download them from the Mintek web page at http://mintek.co.
Yulandi James, Tel: (011) 709-4593.
Mintek reserves the right to cancel and/or alter any bid herein advertised wholly or in part.
The Insurance Sector Education and Training Authority (INSETA) invite prospective suppliers and service providers to register their companies on its Supplier Database.
The INSETA is a statutory body established through the Skills Development Act of 1998. As guided by its mandate the INSETA is as such an agent of transformation by promoting employment equity and broad-based BEE through skills development. In this context the INSETA is keen to form sustainable partnerships that will further its support for transformation.
Quotations will be obtained from suppliers/service providers registered on the Database on a rotational basis.
Application forms can be downloaded from the INSETA website at www.inseta.org.
NB: The Tax Clearance Certificate as indicated in NCP2 MUST be submitted in Original at the time of closure of bid.
Bid No.
All forms; NCP 1 Form A and B, NCP4, NCP6.1B and NCP8 must be completed and signed.
TENDER No.
The National Empowerment Fund Act No. 105 of 1998 established the National Empowerment Fund Trust (NEF), for the purpose of promoting and facilitating economic equality and transformation, by providing development finance for black South African businesses. The NEF operates under the umbrella of the Department of Trade and Industry (the DTI) and is committed to the implementation of the Broad Based Black Economic Empowerment Act 55 of 2003 and Codes of Good Practice.
The NEF will make available the comprehensive RFP document that will outline the full scope of services and functional requirements.
Tender box location: National Empowerment Fund, 187 Rivonia Road, West Block, Morningside.
For enquiries please contact: Xolile Tofile, Procurement Department. Tel: (011) 305-8000. Fax: (011) 305-8024. E-mail: tofilex@nefcorp.co.
Quotations together with duly completed documents must be submitted in sealed envelopes/faxed.
3250, together with the quotation number and closing date.
The name and address of quoting company must be endorsed on the back of the envelope.
Quotation documents will be only available at the compulsory site meetings.
SERVICE: Renovations to O.P.D. Waiting Area.
Quotation number: ZNQ 17/05/11.
Compulsory site meeting: 21 June 2011.
Time: 10:00 am.
Venue: Greytown Hospital Boardroom, Bell Street, Greytown.
Closing date: 5 July 2011.
Contact person: Mr D. Goge, Tel: (033) 413-9421.
Mr M.B. Mzila, Tel: (033) 413-9431.
Quotations must be submitted in sealed envelopes/faxed.
The envelope must be addressed to Hospital Revitalisation Programme, for attention Mr K. Pillay, reflecting the quotation number.
Floor, 191 Peter Kerchhoff Street, Pietermaritzburg.
Closing date: 24 June 2011.
Enquiries regarding specification: Mr T. Mhlongo, Tel: (033) 341-7092 or (033) 341-7000.
Quotation number: ZNQ 09.11/12-H.
SERVICE: Supply of one (1) flexible bronchoscope for Edendale Hospital.
Tenderer must have a display facility where tendered furniture can be inspected, preferable within the Eastern Cape.
A compulsory site meeting with representatives of the Employer will take place at the Department of Rural and Land Reform: Office of the Surveyor General in the Eastern Cape (1A Waverly Office Park, 11 Phillip Farme Road, Chiselhurst) on 13 June 2011 at 10:00. For more information about direction please contact Ms Nolundi Ngcaba at (043) 783-1400, Cell: 083 441 9963.
Tenders may only be submitted on the tender documentation that is issued.
Bid related enquiries: Mr Sipho Hlwempu, Tel: (043) 701-8100.
Technical related enquiries: Mr Thembela Gazi, Tel: (043) 783-1400. Cell: 073 965 1828.
Tenders are invited from Established Contractors, experienced in roadworks for the Construction of Earthworks, Layerworks, Drainage and Retaining Structures on Main Road 711, Maphumulo (km 19,080 to km 24,080).
The Established Contractor shall be registered in a CIDB contractor grading designation of 7CE or higher.
The Established Contractor is particularly encouraged to Joint Venture with one or more emerging contractors registered with the Department of Transport as emerging contractors within the Vukuzakhe Emerging Contractor Development Programme (as per the database of the Department of Transport). Should a Joint Venture be tendered, the Established Contractor shall be registered in CIDB contractor grading designation 7CE or higher, the Emerging Contractor partner(s) to the Joint Venture shall be registered in CIDB contractor grading designation 6CE or 5CEPE, and the Joint venture shall have a combined grading of 7CE or higher calculated in accordance with the CIDB Regulations.
If a Joint Venture is tendered, the Joint Venture with the aforementioned Established Contractor, shall have a combined contractor grading designation of 7CE or higher calculated in accordance with the CIDB regulations, and every partner(s) to the Joint Venture shall be registered with the CIDB in a Civil Engineering class of construction works. The Emerging Contractor partner(s) to the Joint Venture shall be registered in CIDB contractor grading designation 6CE or 5CEPE.
Please note that tender requests can be made via facsimile [viz (033) 355-8091] for all documents.
Tenders must be on the official tender/quotation form which shall be completed in all respect and all information must be supplied as stipulated in the bid documents.
Separate envelopes must be used for each tender invitation.
The address, tender number and closing date must be endorsed on the back of the envelope.
SUPPLY: The Construction of Earthworks, Layerworks, Drainage and Retaining Structures on Main Road 711, Maphumulo (km 19,080 to km 24,080).
Closing date: Thursday, 30 June 2011.
Compulsory Site Inspection: Yes.
Date: Wednesday, 15 June 2011.
Venue: Tenderers are to meet at the Maphumulo Community Hall on Main Road 711.
Contract period: 12 months.
The Department of Infrastructure Development invites tenders for: Functionality: A minimum of 75% on functionality must be obtained.
Tender No.
Lift technician with five years experience of new -Youth=2 installation of lifts (submit proof). PR Engineer (Mechanical or electrical) with five years experience of new installation of lifts (attach CV with qualifications). Experience (30 points): Five years company working experience in lifts industry (submit proof of projects). Two different references for new installation of lifts (submit proof). Compliance (25 points): Certificate of compliance in the lifts installation and maintenance. Project plan (10 points).
High tension technician (submit CV and proof of qualifications). Master electrician certificate. Experience (30 points): Four years company working experience as HT Technicians (submit references for proof). Track record (20 points): Completion certificates.
[Note: To qualify attachments and proof must be submitted.
Company registration documents with IDÊ¼s of members/Directors.
The prescriptions of the Construction Industry Development Board (CIDB) will apply where applicable.
No telephonic queries will be allowed.
3 years experience of projects completed.
References. Skills (10 points): 3 years boiler preparation experience. Mechanical technician (attached CVÊ¼s). Track record (10 points): Completion certificates. Financial capability (40 points).
Skills (30 points): -Gender=3 installation of lifts. PR Engineer (Mechanical or electrical) with five years experience of new installation of lifts (attach CV with qualifications). Experience (30 points): Five years company working experience in lifts industry. Two different references for new installation of lifts. Compliance (30 points): Certificate of compliance in the lifts installation and maintenance.
Skills (30 points): -Gender=3 installation of lifts. PR Engineer (Mechanical or electrical) with five years experience of new installation of lifts. Experience (30 points): Five years company working experience in lifts industry. Two different references for new installation of lifts. Compliance (30 points): Certificate of compliance in the lifts installation and maintenance.
Functionality: A minimum of 75% on functionality must be obtained. [Note: To qualify attachments and proof must be submitted.
T/NDOU 1/2010 01 Domilupa Projects R29,39/kg - Delivered 3.60 04 Thizwihangwi Trading and Project R18,99/kg - Delivered 3 05 Domilupa Project R23,68/kg - Delivered 3.60 09 MRL Projects R5,63 - Delivered 4.20 10 Crystal Lagoon R638 202.34 - Delivered 4 11 Crystal Lagoon R116 203.
T/NDOU 2/2010 01 Crystal Lagoon R28,75/kg - Delivered 4 04 Mosengoane TRD R19,40/kg - Delivered 4 05 Domilupa Projects R21,82/kg - Delivered 3.
QUOTATION No.
ZNB 30/10/11 3 x defibrillator G. W.
INTENTION TO AWARD BIDS NB: All contract awards are subject to no appeals lodged within 5 working days from date of this advertisement.
NB: All contract awards are subject to no appeals lodged within 5 working days from date of this advertisement.
The following tenders have been finalised recently but only the reference numbers are published.
1 National Treasury: Contract Management: For collection of bid documents: The Chief Director: Contract Management, Tender Information Centre, 240 Vermeulen Street, (Ground Floor), behind ABSA Bank (corner Andries and Vermeulen Streets), Pretoria. Enquiries: Tel.: (012) 315-5858 or 315-5732; Fax: (012) 315-5734. Closing address of bids: The Chief Director: Contract Management,Tender InformationCentre, 240 VermeulenStreet (Ground Floor), behind ABSA Bank (corner Andries and VermeulenStreets), Pretoria. Postal address: Private Bag X115, Pretoria, 0001. Office hours: 07:30-16:00 (Monday to Friday). Tender box accessible 24 hours.
2 The Director-General: Public Works (Head Office), Private Bag X65, Pretoria, 0001 or Room D102, Public Works House (Old TPA Building), corner of Church and Bosman Streets, Pretoria. (Entrance: Church Street). Enquiries: Mr R. Tshokwe/Ms P. Odendaal/Ms P.
4 Department of Public Works (Durban), Room 8, West (Samora Machel) Street, Government Offices, corner of Aliwal (Samora Machel) and West (Ka Seme) Streets, Durban, or Private Bag X54315, Durban, 4000; or deposited in the tender box (Box No. 76) at Room 8, Ground Floor, West Street, Government Offices, corner of Aliwal (Samora Machel) and West (Ka Seme) Streets, Durban.
Enquiries: Miss C. Noble (Room 11) Office hours: 08:00-12:00 and 13:30-15:00 5 The Regional Manager: Public Works (Bloemfontein Regional Office), Private Bag X20605, Bloemfontein, 9301 or Room 418, Civilia Building, 14 Elizabeth Street, Bloemfontein.
Enquiries: Mr D. J. van Niekerk/Mrs M.
Ms K. Mogatusi/Mr T.
Tel.
95 Department of Water Affairs, Ground Floor, Zwamadaka Building, 157 Schoeman Street, cnr Schoeman and Bosman Streets, Pretoria, 0002; or Private Bag X313, Pretoria, 0001. Office hours: 07:15-16:00 Mondays to Fridays Enquiries: Mr Victor Malebye/Mr Nicodemus Sekgothe/ Mrs Isabella Marumo/Ms Maggie Naicker Tel: (012) 336-8988/7418/6976/6897 Fax: (012) 325-6111 360 SimonÊ¼s Town Procurement Service Centre, Tender Administration Section, Arsenal Road, SimonÊ¼s Town, 7975; or Department of Defence, Defence Materièl Division, SimonÊ¼s Town Procurement Service Centre, P.O. Box 685, SimonÊ¼s Town, 7995; or deposited in the tender box at the main entrance gate, Old Naval Logistics Base, Main Entrance Gate, Arsenal Road, SimonÊ¼s Town. Attention: Tender Office. (All hours-Mondays to Fridays).
472 Council for Geoscience, 280 Pretoria Road, Silverton, Pretoria, or Private Bag X112, Pretoria, 0001, or deposited in the tender box at main entrance, Reception, 280 Pretoria Road, Silverton.
Enquiries: Lebogang Mampuru Office hours: 08:00-16:00 832 Department of Health: Province of KwaZulu-Natal: Provincial Pharmaceutical Supply Depot, 1 Higginson Highway, Mobeni, 4060; or Private Bag X03, Mobeni, 4060. Enquiries: M. van Heerden Office hours: Tel: (031) 469-8367, Fax: (031) 469-8380 E-mail: Manda.vanheerden@kznhealth.gov.za Website: www.kznhealth.gov.
<fn>GOV-ZA.2682En.2012-02-10.en.txt</fn>
Advertisements will be published as received on the hard copy.
Government Printing Works will not take any responsibility for wrong information submitted.
No changes will be made telephonically; all changes must be submitted via fax or e-mail.
NB: No Special Tender Bulletins are published any more!
Electronic bulletins and electronic downloads can be obtained from the Internet: www.globalerfx.com - electronic bids www.treasury.gov.
The tariff for publication is R104.10 per cm and R2 601.40 per A4 page (including VAT).
Subscription rates for hard copies: Local-R41.90 per annum; Overseas-R49.00 per annum.
Bid documents are generally available in English only.
Bidders should read the Special Conditions and Requirements of Contract issued by die different departments.
Where security is required particulars thereof are indicated in the bid documents. However, security is mostly not required for services with an estimated value of less than R100 000.
Bids must be submitted on the official bid forms handed out by Departments, must be completed in black ink and completed in all respects.
Bids must be submitted in sealed envelopes clearly marked. The address, bid number and closing date must appear on the front of the envelope.
The name and address of the bidder must appear on the back of the envelope only.
Bids are only advertised once in the Government Tender Bulletin-it is advisable to consult at least the two previous issues of the bulletin in order to obtain full particulars of all current bid invitations.
The addresses at which bid documents may be obtained and to which bids should be posted, appear in Annexure 1.
The address where a document is available from and where it must be submitted to may differ.
R200,00 per set for all services with a pre-estimated value above R2 000 000.
These amounts will not be refunded. Only cash or postal orders will be accepted.
5.1 No documents will be exchanged.
The bid document will also be available electronically. Potential bidders are encouraged to bid electronically. Please visit the following website: www.globalerfx.
Bookings are essential.
Help Desk for further information on (012) 663-8815.
The Intenda HelpDesk will be available on weekdays between 08:00 and 17:00. Saturday and Sunday from 09:00 am until 18:00 pm, Tel: 083 554 9330/1 (Pleaes note that no voice messages will be returned) for assistance regarding electronic responses.
It is the responsibility of prospective bidders to ensure that their bid documents are submitted before the closing time and date of bid.
Bids received after the closing time and date are late and will as a rule NOT be considered.
Bids that are posted must reach Contract Management before the closing time and date of the bid.
The bid box is generally open 24 hours a day, 7 days a week.
All tender documents must be clearly marked with the wording "TENDER" and the tender number must be clearly visible.
Postal address: Private Bag X115, Pretoria, 0001.
The Government Printing Works will not be held responsible for faxed documents not received due to errors on the fax machine or faxes received which are unclear or incomplete. Please be advised that an "OK" slip, received from a fax machine, will not be accepted as proof that documents were received by the GPW for printing. If documents are faxed to the GPW it will be the senderÊ¼s responsibility to phone and confirm that the documents were received in good order.
Furthermore the Government Printing Works will also not be held responsible for cancellations and amendments which have not been done on original documents received from clients.
Amendment: Supply and delivery of plywood shutter board for shuttering, for period of twenty-four (24) months for Directorate Construction. A non-refundable deposit of R200,00 (cash/bank-guaranteed cheque) is payable on obtaining of bid documents.
Supply, delivery, testing, calibration, demonstration (including specified training) and commissioning in good working order of one (1) surgical microscope for use in the Neurosurgery Department Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.
A compulsory site inspection on the 23 June 2011 at 10h00. Prospective bidders/tenderers to meet at SAPS Lady Frere, Eastern Cape Province. Directions can be obtained at Tel: (047) 876-8008. Contact for bid/tender information: Ms J. Kola, Tel: (012) 841-7679. General enquiries: Lt-Colonel Roos, Tel: (012) 841-7390. Technical information: Colonel Botha, Tel: (012) 349-6054 Supply, delivery, installation and commissioning of a 100 kVA emergency generator: Lady Frere. CIDB Contractor grading designation required: Grade 3 (R650 000 to R2 million) (EB) Electrical Engineering (Buildings) and higher or for potentially emerging enterprises.
Supply, installation and maintenance of generator plants and SAPS: 19/1/9/1/ 2011-07-12 110 110 and higher or for potentially emerging enterprises.
Printing, supply and delivery of various files. A compulsory site meeting will be held on: Date: 21 June 2011. Time: 11h00. Venue: Central Procurement Service Centre, Conference Room. Contact persons: Colonel I. Arends, Tel: (012) 355-1596, or Lieutenant Colonel N. C. Pascoe, Tel: (012) 355-1302. Bid documents can be collected at the Central Procurement Service Centre.
Supply of: Disc, abrasive; A60 grade. (Quantity: 1 000 ea). Paper, abrasive, silicone carbide. (Quantity: 1 000 sh). Cloth abrasive: Silicone carbide. (Quantity: 50 RL). Steelwool: Grade 1; 500 gram packets. (Quantity: 1 000 pk). Paper abrasive: Silicone carbide. (Quantity: 3 500 sh). Paper abrasive: Silicone carbide. (Quantity: 2 000 sh). Cloth: Abrasive: Silicone carbide.
Supply of: Hinge solid brass: Back flap: 8 hole. (Quantity: 300 ea). Lock cupboard: Solid brass type. (Quantity: 300 ea). Hinge butt: Solid brass: Single action. (Quantity: 300 ea). Night latch: Rimlock. (Quantity: 150 ea). Carbine hook; Stainless steel. (Quantity: 1 000 ea). Sliding stay for steel windows. (Quantity: 30 ea). Hinge: Access door: Solid brass. (Quantity: 1 000 ea). Lock set (Quantity: 100 ea). Lock set Mortise: 76 mm lock size. (Quantity: 400 ea). Carbine hook; large; non locking. (Quantity: 150 ea). Hook and eye; door; brass. (Quantity: 100 ea). Butt; hinge; brass. (Quantity: 400 ea). Barrel bolt: Square. (Quantity: 100 ea). Padlock, solid brass body. (Quantity: 200 ea). Hinge: Access door: Solid brass butt. (Quantity: 70 ea). Clip flag: Fixed eye only.
Terms of Reference: Printing of Public Sector Manager Magazine 2011/2012. Bidding documents are available on the following web address: www.gcis.gov.za, or at the Enquiries Counter, Midtown Building, c/o Vermeulen and Prinsloo Streets, Pretoria G.C.I.S.
A compulsory site meeting on 24 June 2011at 10:00. Prospective bidders/tenderers to meet at the main entrance, Cradock Prison. Please note: Responsiveness and bid evaluation criteria will be strictly adhered to. Note: Documents will be sold at a non-refundable deposit of R700 CASH/postal orders per set payable at cashiers from 08h00-12h45 and 13h30-15h30 on the 4th Floor, Eben Donges Building, Port Elizabeth, North End, Hancock Street, to collect on the 2nd Floor, Room 296. Telegraph, telephone, telex, facsimile and late documents will not be accepted. Contact for technical information: Mr P. Nel, Tel: (041) 408-2120/082 706 2303. For tender enquiries, contact: Mr P. N. Blouw/Ms B. Roberts/Ms H. Matshikiza, Tel.
A compulsory site meeting on 29 June 2011 at 11:00. Prospective bidders/tenderers to meet at the main entrance at Middledrift Prison. Please note: Responsiveness and bid evaluation criteria will be strictly adhered to. Note: Documents will be sold at a non-refundable deposit of R500 CASH/postal orders per set payable at cashiers from 08h00-12h45 and 13h30-15h30 on the 4th Floor, Eben Donges Building, Port Elizabeth, North End, Hancock Street, to collect on the 2nd Floor, Room 296. Telegraph, telephone, telex, facsimile and late documents will not be accepted. Contact for technical information: Mr F. Carolus, Tel: (041) 408-2128/082 814 8878. For tender enquiries, contact: Mr P. N. Blouw/Ms B. Roberts/Ms H. Matshikiza, Tel. (041) 408-2076/408-2035/ 408-2053 Middledrift Prison: Construction of a waste water treatment works. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 6 CE* or higher. Potentially Emerging Enterprises: It is estimated that tenderers should have a CIDB contractors grading of 5 CE* PE or higher.
A compulsory site meeting on 21 June 2011 at 12:00. Prospective bidders/tenderers to meet at the main entrance to the Single Quarters, Mount Road SAP. Please note: Responsiveness and bid evaluation criteria will be strictly adhered to. Note: Documents will be sold at a non-refundable deposit of R700 CASH/postal orders per set payable at cashiers from 08h00-12h45 and 13h30-15h30 on the 4th Floor, Eben Donges Building, Port Elizabeth, North End, Hancock Street, to collect on the 2nd Floor, Room 296. Telegraph, telephone, telex, facsimile and late documents will not be accepted. Contact for technical information: Mr J. Dirker, Tel: (041) 408-2165/082 479 2296. For tender enquiries, contact: Mr P. N. Blouw/Ms B. Roberts/Ms H. Matshikiza, Tel. (041) 408-2076/408-2035/ 408-2053 Port Elizabeth: Mount Road SAPS: Single quarters: Repairs and renovations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 7 GB* or higher. Potentially Emerging Enterprises: It is estimated that tenderers should have a CIDB contractors grading of 6 GB* PE or higher.
A compulsory site inspection on 15 June 2011 at 12h30. Prospective bidders/tenderers to meet at main entrance of Bramley Police Station. Note: Documents will be sold at a non-refundable deposit of R500,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. No: (011) 713-6233/Moeketsi Mosila, Tel. No: (011) 713-6118. General enquiries: Ms Thembisile Madonsela (Project Leader), Tel. No: (011) 713-6155 SAPS: JHB: Bramley Police Station and Housing Units excluding Cell Block: Repairs and renovations. This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality Historically Disadvantaged Individuals (HDI) Persons who had no 3 points Price: 100% (of 90) franchise in the national elections before the 1983 and 1993 Constitutions Who is a female: 3 points Quality/Functionality: 0% (of 90) Persons with disability: 2 points Other: 2 points Total must equal: 10 points Total must equal: 100% (of 90) Bramley JHB.
A compulsory site inspection on 29 June 2011 at 11h00. Prospective bidders/tenderers to meet at main entrance of Benoni Actonville SAPS. CIDB requirements: 7 GB or 6 GB PE. Note: Documents will be sold at a non-refundable deposit of R500,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. No: (011) 713-6233/Moeketsi Mosila, Tel. No: (011) 713-6118. General enquiries: Mr Cedrick Honwani (Project Leader), Tel. No: (011) 713-6245 SAPS: Benoni, Actonville: Repairs and renovations of Police Station (Civil, Electrical and Mechanical) This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality Historically Disadvantaged Individuals (HDI) Persons who had no 4 points Price: 100% (of 90) franchise in the national elections before the 1983 and 1993 Constitutions Who is a female: 2 points Quality/Functionality: 0% (of 90) Persons with disability: 2 points Other: 2 points Total must equal: 10 points Total must equal: 100% (of 90) Benoni JHB.
A compulsory site inspection on 15 June 2011 at 10h00. Prospective bidders/tenderers to meet at main entrance of Parkview Police Station. CIDB requirements: 5 GB or 4GB PE. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. No: (011) 713-6233/Moeketsi Mosila, Tel. No: (011) 713-6118. General enquiries: Ms Thembisile Madonsela (Project Leader), Tel. No: (011) 713-6155 SAPS: JHB: Parkview: Complete external and internal: Repairs and renovations. This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality Historically Disadvantaged Individuals (HDI) Persons who had no 3 points Price: 100% (of 90) franchise in the national elections before the 1983 and 1993 Constitutions Who is a female: 3 points Quality/Functionality: 0% (of 90) Persons with disability: 2 points Other: points Total must equal: 10 points Total must equal: 100% (of 90) Parkview JHB.
Replace fence and paving; Beaufort West Community Day Care Centre; Beaufort West. Designated grading: 2 GB or higher. Project leader: J. Ross, Tel: 083 641 5051.
Internal and external repairs and renovations; Delft Community Health Centre; Delft. Designated grading: 2 GB or higher. Clarification meeting will be held on: Wednesday, 22 June 2011 at 14h00 at Delft Community Health Centre. Project leader: Z. Ahmed, Tel: 083 645 6352.
A compulsory site inspection on 21 June 2011 at 10h00. Prospective bidders/tenderers to meet at main entrance of Eden Park SAPS. CIDB requirements: 5GB or 4 GB PE. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. No: (011) 713-6233/Moeketsi Mosila, Tel: (011) 713-6118. General enquiries: Ms Thembisile Madonsela (Project Leader), Tel. No: (011) 713-6155 SAPS: Eden Park: Repairs and renovations to the Police Station. This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality: Historically Disadvantaged Individuals (HDI) Persons who had no 3 points Price: 100% (of 90) franchise in national elections before the 1983 and 1993 Constitutions Who is a female: 1 point Quality/Functionality: 0% (of 90) Persons with disability: 1 point Other: 5 points Total must equal: 10 points Total must equal: 100% (of 90) Eden Park- Alberton JHB.
Contract No. C 747.2 Rehabilitation of main road 302 (km 1.5-km 20.0) between Worcester and Wolseley. A compulsory site visit/clarification meeting will take place at Calabash, BainÊ¼s Kloof, on Wednesday, 22 June 2011, starting at 10h00. Tenderers must be registered with the Construction Industry Development Board (CIDB) in the 9 CE Class of Construction Works, or higher. Non-refundable deposit: R400,00. Expiry date: 2 September 2011 Western Cape C 747.
Contract No. C 574.47 Assistance with overload control at and site management of the Vredenburg Weighbridge. A compulsory site visit/clarification meeting will take place at Dial Rock Hall, Albatros Street, Saldanha, on 22 June 2011 at 10h00. Tenderers need not be registered with the CIDB. Non-refundable deposit: R250,00. Expiry date: 2 September 2011 Western Cape C 574.
Contract No. C 707.7 Safety improvements to Wingfield, Monte Vista and Bosmansdam Interchanges. A compulsory site visit/clarification meeting will take place on 20 June 2011, starting at 10h00, at Boardroom 1, 1st Floor, at the offices of Vela VKE, 65 Riebeek Street, Cape Town. Tenderers must be registered with the Construction Industry Development Board (CIDB) in the 7 CE Class of Construction Works, or higher. Non-refundable deposit: R400,00. Expiry date: 2 September 2011 Western Cape C 707.
Supply and delivery of a cleaning service (general workers) for the Catering Department of Groote Schuur Hospital, over a two (2) year period. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality.
A compulsory information session will be held for all prospective service providers on 21 June 2011 at 12:00 at the Overberg Education District Office, 15 College Street, Caledon Provide a 24-hour security service (access control and guarding), including weekends and public holidays, for the period 1 November 2011 to 31 October 2013 at the Overberg Education District Office, at 15 College Street, Caledon. Services valued in excess of R500 000 promoting enterprises located within the Western Cape Province. For the purpose of this bid the following goals will be targeted in terms of the 90/10 preference point system of the Preferential Procurement Regulations, 2001, pertaining to the Preferential Procurement Policy Framework Act, No. 5 of 2000: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 2 points the 1983 and 1993 Constitutions (b)Who is a female: 1 point (c)Persons with disability: 1 point 2.Other specific goals (according to the PPPFA) (a)Promotion of Small including Micro Enterprises and Medium 2 points Enterprises (b)Development of human resources.
Rendering of cleaning services at Labour Centre, Mount Ayliff, for a period of two years. A compulsory site meeting will be held on: Date: 24 June 2011. Time: 11h00. Place: Gosi Properties, Bridge Street, Front opposite taxi rank. Kindly note that a non-attendance of site inspection will invalidate the bid. Contact person: Mr M. Ngqolowa/Mrs Mtandane, Tel.
Rendering of a comprehensive cleaning service to New Somerset Hospital. Compulsory site meeting will be held on: Date: 1 July 2011. Time: 10h00. Venue: In the Administration Building, Boardroom, Somerset Hospital. Note: A non-refundable fee of R50,00 is payable. Payment (cash only) must be deposited into the Sub Account of Somerset Hospital, Nedbank: Account No. 1452045240. Branch code: 14 52 09). Deposit slips must indicate the bidderÊ¼s name and the bid number and it must be handed over to the above hospital, upon collection of the bid documents. Enquiries: Mr W. W.
A compulsory site inspection on 6 July 2011 at 11:00. Prospective bidders/tenderers to meet at main entrance of Protea MagistrateÊ¼s Court. Note: Documents will be sold at a non-refundable deposit of R100,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. (011) 713-6233/Moeketsi Mosila, Tel: (011) 713-6118. General enquiries: Ms Mantsi Nyapisi (Project Leader), Tel. No: (011) 713-6065 Department of Justice and Constitutional Development: JHB: Master of the High Court, 66 Marshall Street: Rendering of cleaning services, for 24 months period. This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality Historically Disadvantaged Individuals (HDI) Persons who had no 1 point Price: 100% (of 90) franchise in the national elections before the 1983 and 1993 Constitutions Who is a female: 1 point Quality/Functionality: 0% (of 90) Persons with disability: 1 point Other: 7 points Total must equal: 10 points Total must equal: 100% (of 90) Johannesburg JHB.
A compulsory site inspection on 29 June 2011 at 11:00. Prospective bidders/tenderers to meet at main entrance of Protea MagistrateÊ¼s Court. Note: Documents will be sold at a non-refundable deposit of R100,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. (011) 713-6233/Moeketsi Mosila, Tel: (011) 713-6118. General enquiries: Ms Khantshe Hlegwa (Project Leader), Tel. No: (011) 713-6058 Department of Justice and Constitutional Development: Protea MagistrateÊ¼s Court: Rendering of cleaning services, for 24 months period. This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality Historically Disadvantaged Individuals (HDI) Persons who had no 1 point Price: 100% (of 90) franchise in the national elections before the 1983 and 1993 Constitutions Who is a female: 1 point Quality/Functionality: 0% (of 90) Persons with disability: 1 point Other: 7 points Total must equal: 10 points Total must equal: 100% (of 90) Protea-Soweto JHB.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. No site inspection. Note: Documents will be sold at a non-refundable deposit of R100 CASH per set. Contact for tender information: Ms G. Aysen, Tel: (053) 838-5221. General enquiries: Mr O. J. Kalaole, Tel: (053) 838-5232 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 5 points the 1983 and 1993 Constitutions (b)Who is a female 3 points (c)Persons with disability 2 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b)points (c)points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Conversion of squash court onto archives. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 2 GB or 2 GB* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 1 GB PE or 1 GB PE* or higher.
Provide a 24 hour general security service (access control and guarding) and alarm response, including weekends and public holidays, for the period 1 November 2011 to 31 October 2013, at the Metro North Education District Office at 9 Timmerman Street in Parow. Services valued in excess of R500 000 promoting enterprises located within the Western Cape Province. For the purpose of this bid following goals will be targeted in terms of the 90/10 preference point system of the Preferential Procurement Regulations, 2001, pertaining to the Preferential Procurement Policy Framework Act, No.
NB: A compulsory information session will be held for all prospective service providers on 24 June 2011 at 11h00 at the Metro North Education District Office at 9 Timmerman Street in Parow in the Main Hall Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 2 points the 1983 and 1993 Constitutions (b)Who is a female: 1 point (c)Persons with disability: 1 point 2.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 29-06-2011 at 11h00. Prospective tenderers to meet at Klerksdorp SAPS, Woltemade Flats. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. Technical information: Tiro Mothata, 082 885 2721. General enquiries: Badisa Motlhatlhedi, Tel: (018) 386-5308 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b)points (c)points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Klerksdorp SAPS Flats: Woltemade Flats: Repairs and renovations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 GB or 4 GB* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 3 GB PE or 3 GB PE* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 27-06-2011 at 11h00. Prospective tenderers to meet at Mmabatho Police Station. Note: Documents will be sold at a non-refundable deposit of R500,00 CASH per set. Technical information: Tiro Mothata, 082 885 2721. General enquiries: Badisa Motlhatlhedi, Tel: (018) 386-5308 Mmabatho Police Station: Repairs and renovations to the Police. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 6 GB or 6 GB* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 5 GB PE or 5 GB PE* or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 27-06-2011 at 11h00. Prospective tenderers to meet at Harties SAPS. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. Technical information: Kganki Thobejane, 082 849 8533 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b)points (c)points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Hartebeespoort SAPS: Installation of power generator, security lights and security lights. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 EP or 4 EP* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 3 EP PE or 3 EP PE* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 29-06-2011 at 11h00. Prospective tenderers to meet at Ganyesa SAPS. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. Technical information: Kganki Thobejane, 082 849 8533 Ganyesa SAPS: Upgrading of sewerage system. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 CE or 4 CE* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 3 CE PE or 3 CE PE* or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
Provision of furniture for modernization of PGWC office accommodation: Provincial Administration Buildings, Cape Town. Clarification meeting will be held on: Monday, 11 July 2011 at 11h00, on the 5th Floor, 4 Dorp Street, Cape Town. Project leader: Ann Roese, Tel: 083 402 3007.
General cleaning services: For 24 months at 1 & 3 Dorp Street and 4 Leeuwen Street, Cape Town. Compulsory clarification meeting will be held on: Tuesday, 28 June 2011 at 10h30 and 13h00, respectively at 1 & 3 Dorp Street and 4 Leeuwen Street, Cape Town. Project leader: Stoffel Nel, 083 648 3094.
Provisioning of a video and audio conferencing solution including support and maintenance in the Department of Home Affairs. Compulsory briefing session: Date: 15 June 2011. Time: 13h00 am. Venue: 270 Maggs Street, Watloo, Pretoria. NB: Tender documents will be distributed in the briefing session. For further information, contact: Ms N. Madiza, Tel: (012) 810-6135 or Ms G.
Sabie River GWS (Phase 1) Inyaka Regional Water Treatment Works (Phases 3 and 4): Supply and delivery of raw water pipeline from Inyaka Dam. A compulsory briefing session is to be held: Date: 21 June 2011. Time: 12:00. Venue: Inyaka Water Treatment Works. Bidders of CIDB 7CE or higher required. A non-refundable deposit of R200 is payable on obtaining of bid documents. The cashiers office is open till 14:30, for deposit payments. For technical information: Mr Corrie Marx, Tel: (012) 842-8700.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 21 June 2011 at 11h00 am. Prospective tenderers to meet at SANDF; Main Gate Lighthouse Road-Bluff. Note: Documents will be sold at a non-refundable deposit of R500,00 CASH per set. Contact for tender information: Ms Sibongile Masuku, Tel: (031) 314-7213/16. General enquiries: Mr Nelson Nair, 083 252 3623 Durban R/O: SANDF: Bluff Phase 2: Repairs and renovations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 7 GB or 7 GB* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 6 GB PE or 6 GB PE* or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted 0 points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 22 June 2011 at 11h00 am. Prospective tenderers to meet at Verulam 52 Moss (George Sewpersad) Street. Note: Documents will be sold at a non-refundable deposit of R800,00 CASH per set. Contact for tender information: Ms Sibongile Masuku, Tel: (031) 314-7213/16. General enquiries: Mr Nelson Nair, 083 252 3623 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 5 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted 2 points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b)points (c)points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Justice: Verulam: Rehabilitation of Old Prison, 21 Moss Street. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 8 GB or 8 GB* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 7 GB PE or 7 GB PE* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A site inspection on 28 June 2011 at 11h00. Prospective tenderers to meet at SA Museum Building, Queen Victoria Street, Cape Town. Meet at main entrance. Note: Documents will be sold at a non-refundable deposit of R1 000 CASH per set. Contact for tender information: H. Dzingwe, Tel: (021) 402-2077. General enquiries: T. Wolfaardt, Tel: (021) 402-2223 Cape Town: SA Museum: Courtyard Project. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 9 GB or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 8 GB PE or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 5 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted 2 points enterprises (Tender and Contract Conditions PA-16.
Appointment of a service provider for the development of an integrated strategy on the control of vehicle emissions. Briefing session will be held on: Date: 24-06-2011. Time: 10:00-12:00.
A compulsory site inspection on 23 June 2011 at 11:00. Prospective bidders/tenderers to meet at main entrance of Marland Court (Primrose). CIDB requirements: 7GB or 6GB PE. Note: Documents will be sold at a non-refundable deposit of R500,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel: (011) 713-6233. Moeketsi Mosila, Tel: (011) 713-6118. General enquiries: Mr Sam Khumalo (project leader), Tel: (011) 713-6263. This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality Historically Disadvantaged Individuals (HDI): Persons who had no 2 points Price: 100% (of 90) franchise in the national elections before the 1983 and 1993 Constitutions Who is a female 1 point Quality/Functionality: 0% (of 90) Persons with disability 1 point Other: 5 points Total must equal: 10 points Total must equal: 100% (of 90) SAPS: Johannesburg: Marland Court: Repairs and renovations. Primrose JHB.
A compulsory site inspection on 20 June 2011 at 11:00. Prospective bidders/tenderers to meet at main entrance of Benoni Benpol Building. CIDB requirements: 7GB or 6GB PE. Note: Documents will be sold at a non-refundable deposit of R500,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel: (011) 713-6233. Moeketsi Mosila, Tel: (011) 713-6118. General enquiries: Mr Sam Khumalo (project leader), Tel: (011) 713-6263. SAPS: Benoni Central: Married Quarters: Repairs and renovations to Benpol. This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality Historically Disadvantaged Individuals (HDI): Persons who had no 2 points Price: 100% (of 90) franchise in the national elections before the 1983 and 1993 Constitutions Who is a female 1 point Quality/Functionality: 0% (of 90) Persons with disability 1 point Other: 5 points Total must equal: 10 points Total must equal: 100% (of 90) Benoni JHB.
A compulsory site inspection on 21 June 2011 at 11:00. Prospective bidders/tenderers to meet at main entrance of 263 Royal Park Drive, Mondeor. CIDB requirements: 6GB or 5GB PE. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel: (011) 713-6233. Moeketsi Mosila, Tel: (011) 713-6118. General enquiries: Mr Sam Khumalo (project leader), Tel: (011) 713-6263. SAPS: Mondeor Police Complex: Repairs and renovations to all buildings (263 Royal Park Drive). This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality Historically Disadvantaged Individuals (HDI): Persons who had no 2 points Price: 100% (of 90) franchise in the national elections before the 1983 and 1993 Constitutions Who is a female 1 point Quality/Functionality: 0% (of 90) Persons with disability 1 point Other: 5 points Total must equal: 10 points Total must equal: 100% (of 90) Mondeor JHB.
Appointment of a service provider to produce dual speaking books on social grants in four languages (Xitsonga and Sepedi) and (Isixhosa and Afrikaans). Hard copies of bid documents are obtainable from the Department of Social Development at an all inclusive cost of R50,00 per document. Alternatively a soft copy of the bid document can be emailed free of charge or can be retrieved from the DepartmentÊ¼s website at www.dsd.gov.
The appointment of Strategic Partner to develop and implement a model for assisting land reform programme beneficiaries to participate in various agricultural enterprises, as well as access to the value chain of the specific industry in the Western Cape Province, for a period of five years. Please note: A compulsory briefing session will be held on: Date: Monday, 20 June 2011. Time: 11:00 am. Place: Provincial Shared Service Centre: WC. Venue: 63 Strand Street, Nedbank Building, 3rd Floor, Main Boardroom, Cape Town. Failure to attend briefing session will invalidate your proposal. Bid documents can be obtained from the Departmental website and will also be distributed during the briefing session: Technical enquiries: Mr Sam Molepo, Tel: (021) 426-2947/ 082 419 5316, during office hours only. Bid administration enquiries: Mr M.
Two-year contract for an outsourced catering service. Quantity: 2 years. NB: There will be a compulsory bidders information meeting at the "Suikerbossie" Mess at the Personnel Services School in Thaba Tshwane on 22 June 2011 at 11h00 am. No late-comers will be entertained and failure to attend on time will invalidate your bid. Enquiries can be directed to: Sergeant P. M. Khumalo, Tel: (012) 684-2186/2450. Enquiries of technical nature and directions to the venue: Major A. S. Dhlamini, Tel: (012) 674-4708. Bid documents can be collected at the Central Procurement Service Centre.
Bid to appoint a service provider who will conduct Information Technology audits for the Department of Labour, for a period of three years.
Disposal of Health Care Risk Waste. The delivery of empty containers and the collection, transportation, treatment and safe disposal of the following Health Care Risk Waste categories: (a) Anatomical HCRW: Consisting of human and animal tissue, organs, body parts, placentas, products of conception, etc. animal carcases are excluded from this bid.
Non-anatomical HCRW: Consisting of both human and veterinary HCRW, which consists of contaminated materials, bandages, tubing, drains, port-o-vac, latex gloves, catheters, used intravenous fluid containers, blood transfusion bags, etc. (c) Sharps & similar HCRW: Consisting of needles, scalpel blades, razor blades, broke glass vials, ampoules, etc.
Disposal of hazardos chemical substances waste. The delivery of empty containers and the collection, transportation, treatment and safe disposal of the following hazardous chemical substances waste categories: (a) Flammable liquids: Low flashpoint group of liquids. Flashpoint below 8 degrees Celsius. (b) Flammable liquids: Intermediate flashpoint group of liquids: Flashpoint of 18 degrees Celsius up to, but not Gauteng KwaZulu-Natal Mpumalanga Limpopo North West Free State Eastern Cape SAMHS/ CW/B/001/ 11 2011-07-08 92 92 including 23 degrees Celsius. (c) Flammable liquids: High flashpoint group of liquids with a flashpoint of 23 degrees Celsius up, including 61 degrees Celsius. (d) Flammable solids or substances: Flammable solids. (e) Flammable solids or substances: Flammable solids liable to spontaneous combustion. (f) Flammable solids or substances: Flammable solids that emit flammable gases when in contact with water. (g) Oxidising substance: Oxidising agents (i)Oxidising substance: Organic peroxides. (ii) Poisonous (toxic) and infectious substance: Toxic substances. (iii) Poisonous (toxic) and infectious substance: Infectious substance.
Disposal of pharmaceutical waste. The delivery of empty containers and the collection, transportation, treatment and safe disposal of the following pharmaceutical waste categories: (a) Halogens (anaesthetic gases e.g.
Pharmaceuticals: (i) Controlled substances (ii) Anti-infective drugs (iii) Antiseptics and disinfectants (iv) Solids, semi solids, powders, suppositories, creams/ ointments (v) Liquids-solutions, suspensions, syrups, ampoules, vials, etc.
EWCBID 04/2011 All bidders will be evaluated for: -Financial viability -Capability: Bidders will be subjected to security screening. -Functionality: Number of years in the business, Composition of Executive Management, Relevant References, CIDB grading GB5, Social responsibility and Letter of Good Standing with the Workmen Compensation Fund. -Ekurhuleni West College subscribes to the Preferential Procurement Policy Framework Act 2000 (Act No. 5 of 2000) and to the Broad-Based Black Economic Empowerment Act 2003 (Act No. 53 of 2003) and therefore gives preference to tenders from Broad-Based Black Economic Empowerment (BBBEE) enterprises or tenders in joint venture with BBBEE enterprises. -Social responsibility Price = 90 Functionality = 100 Years in business = 20 Composition of Executive = 20 CIDB Grading GB5 or more = 20 Social Responsibility = 10 Relevant references = 20 Other specific bid requirements = 10 HDI & Specific goals = 10 Women = 2 Disabled = 1 Disenfranchised = 2.5 Youth = 2 SMME = 1 Local business = 1.
Latest Audited Financial Statements.
Original Valid Tax Clearance Certificate.
Copy of Business Registration Document (e.g. CK 1).
Letter of Good Standing with WorkmenÊ¼s Compensation Fund.
6.CIDB Grading GB5 EWC reserves the right not to accept the lowest or any proposal.
R200.00 for each bid document at Germiston Campus Admin Window 1.
EWCBID 03/2011 All bidders will be evaluated for: -Financial viability -Capability: Bidders will be subjected to security screening. -Functionality: Number of years in the business, Composition of Executive Management, Relevant References, CIDB grading GB4, Social responsibility and Letter of Good Standing with the Workmen Compensation Fund. -Ekurhuleni West College subscribes to the Preferential Procurement Policy Framework Act 2000 (Act No. 5 of 2000) and to the Broad-Based Black Economic Empowerment Act 2003 (Act No. 53 of 2003) and therefore gives preference to tenders from Broad-Based Black Economic Empowerment (BBBEE) enterprises or tenders in joint venture with BBBEE enterprises. -Social responsibility Price = 90 Functionality = 100 Years in business = 20 Composition of Executive = 20 CIDB Grading GB4 or more = 20 Social Responsibility = 10 Relevant references = 20 Other specific bid requirements = 10 HDI & Specific goals = 10 Women = 2 Disabled = 1 Disenfranchised = 2.5 Youth = 2 SMME = 1 Local business = 1.
6.CIDB Grading GB4. EWC reserves the right not to accept the lowest or any proposal.
Description: Appointment of service providers to provide scanning services of all CIPC Files.
NB: A non-refundable fee of hundred rand (R100) will be charged for this bid.
No briefing session.
Bid closing date & time: Friday, 1 July 2011 not later than 11:00 am (South African Time). No late, electronic, scanned and facsimile submissions will be accepted.
The bid box is situated at: CIPC, 77 Meintjies Street, Sunnyside, Block "F", The DTI Campus, Pretoria (ask the security at reception to help you locate the bid box).
NB: It is the prospective biddersÊ¼ responsibility to obtain documents in time so as to ensure that the responses reach CIPC, timeously. CIPC cannot be held responsible for delays in the postal service.
Description: The appointment of service provider for a security guarding services contract for CIPC OPBDC (offsite-site paper based disclosure centre) for a period of twelve (12) months.
NB: It is the prospective biddersÊ¼ responsibility to obtain documents in time so as to ensure that the responses read CIPC, timeously. CIPC cannot be held responsible for delays in the postal service.
Description: The appointment of a service provider to assess the electronic content management products in the market and recommend a suitable product that is compatible to the CIPC Business Environment and System Requirements.
Hard copies of tender document will be obtainable at: CIPRO SCMU, 77 Meintjies Street, Sunnyside, Block "F", The DTI Campus, Pretoria. NB: A non-refundable fee of hundred rand (R100) will be charged for this bid. No briefing session.
Bid closing date & time: Thursday, 30 June 2011 not later than 11:00 am (South African Time). No late, electronic, scanned and facsimile submissions will be accepted. The bid box is situated at: CIPC, 77 Meintjies Street, Sunnyside, Block "F", The DTI Campus, Pretoria (ask the security at reception to help you locate the bid box). NB: It is the prospective biddersÊ¼ responsibility to obtain documents in time so as to ensure that the responses read CIPC, timeously. CIPC cannot be held responsible for delays in the postal service.
The Local Government Sector Education Training Authority (LGSETA) wishes to embark on processes of integrating the Recognition of Prior Learning (RPL) into the learning programme delivery and assessments of all providers who have scope of accreditation with the LGSETA.
Please quote: Ref No: LGSETA/T012/01 in all correspondence. Correspondence without a reference number will not be attended to. Bid documents may be requested by email from nombuleloj@lgseta.co.za or alternatively hard copies can be obtained from the LGSETA Head Office, 4th Floor, 4/6 Skeen Boulevard, Bedfordview.
The closing date for submissions is: 8 July 2011 at 15:00.
(ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Bidders must be on the official bid/quotation form which shall be completed in all respect and all information must be supplied as stipulated in the bid documents. Bidders must be submitted in separate sealed envelopes. Separate envelopes must be used for each bid invitation. The address, bid number and closing date must be endorsed on the back of the envelope. The name and address of the bidders must be endorsed on the back of the envelope. All bid contract awards are subject to appeals being timeously lodged (if any) and letters of acceptance being issued. To obtain the following bid documents, contact the telephone and facsimile numbers stipulated. Please note: The Bid Box is situated in the foyer of the Department of Transport Head Office at 172 Burger Street, Pietermaritzburg. Documents available from Department of Transport Head Office, Bid Closing Section, B Block, 172 Burger Street, Pietermaritzburg.
SUPPLY: Cancellation of RFP: For the services of a Medical Specialist to Conduct Wellness within, for the Department of Transport.
(ii) (iii) (iv) (v) (vi) Quotations must be on the official quotation form, which shall be completed in all respects, and all information must be supplied as stipulated in the quotation document. Quotations must be submitted in sealed envelopes and be deposited in a Quotation Box next to the Security Counter, Ground Floor (Entrance 5). The envelope must be addressed to Zululand Health District Office, Bid Evaluation Committee, reflecting the quotation number and closing date. The name and address of the quoting contractor must be endorsed on the back of the envelope. All Department of Health contracts awarded are subject to appeals being timeously lodged (if any) and letters of acceptance being issued. An original ZNT 30 forms must be completed when submitting quotations together with an original tax clearance certificate.
Quotation documents are available from Zululand Health District Office, King Dinuzulu Highway, Administrative Building, Ground Floor, Zone 6, Acquisition Section. Tel: (035) 874-2357.
SUPPLY: Hiring of mortuary facility to accommodate 20 bodies: Lockable storeroom and office space for 2 offices for the period of 9 (nine) months from 01/7/2011 to 31/03/2012.
Closing date: 2011-06-21.
Site visit date: 2011/06/24.
Detailed specification will be attached on quotation forms.
Quotations must be on the Official Quotation Price Sheet, which must be completed in full, with all the relevant details required.
Quotation to be submitted in a sealed envelope, quoting the reference number.
All quotations exceeding R30 000, the ZNT 30 document must be completed and a current Tax Clearance Certificate to be attached. Only original documents will be accepted.
All the prices quoted must be VAT inclusive.
Quotations must be submitted in a sealed envelope, clearly addressed to the Ethekwini District Office, KZN Health, quotation number.
The name/telephone number of the company must appear on the envelope.
All quotation documents can be fetched from the eThekwini District Office, 83 King Cetshwayo Highway, Mayville. Specification outcomes of the quotations are to be fetched from the office mentioned. No documents will be issued out after closing date or on closing date.
SUPPLY: Leasing of park home for 5 five years: 6 metre x 6 metre specialised office unit, C/W kitchenette (be separated into two offices and one kitchenette).
Delivery point: Sani Pass Boarder Post.
Closing date: 29/06/2011.
The National Zoological Gardens of South Africa-Pretoria (NZG-Pretoria) calls for bidders for the appointment of a building contractor for alterations and additions for the conversion of the existing Necropsy Centre at National Zoological Gardens of South Africa-Pretoria.
The envelope must be addressed to Charles Johnson Memorial Hospital, Quotation Evaluation Committee together with the quotation number and closing date.
The name and address of the quoting contract must be endorsed on the back of the envelope.
All Department of Health Contracts awarded are subject to appeals being timeously lodged (if any) and a letter of acceptance being issued.
For quotations exceeding R30 000,00 an original ZNT 30 (application for preference points) form must be submitted to the Charles Johnson Memorial Hospital, an original tax clearance certificate must also be submitted regardless of price.
SUPPLY: Bench top tablet counting machine (as per HTU Specification).
Quantity: 01 each.
Closing date: 2011/06/23.
Closing time: 11h00.
To appoint a service provider for the supply, delivery, calibration, installation and maintenance of scales.
Briefing session date: 2011/06/13 from 11:00 to 12:00 pm.
Briefing session venue: South African Post Office, Supply Chain Management, Printing Boardroom 1, cnr.
A non-refundable fee of R1 000 is payable before collection of the RFP documents.
To appoint a service provider for the manufacturing, supply and delivery of Mzansi Flexi and Pension Cards.
Briefing session date: 2011/06/15 from 10:00 am to 11:00 am.
A non-refundable fee of R300,00 is payable before the collection of the RFP documents.
To appoint a service provider for the manufacturing, printing, supply and delivery of Postbank Smartsave Savings Books.
Briefing session date: 2011/06/15 from 12:00 pm to 13:00 pm.
Request for information (RFI) for the organizations concerned with Mobile Payments to provide the South African Post Office with information related to available technology and services that may assist the Post OfficeÊ¼s in offering Mobile Payments to its customers.
Payment (cash only) must be deposited into the Post OfficeÊ¼s Standard Bank Account No. 010547002. (Pretoria Branch, Code 010045). Deposit slips must indicate the bidderÊ¼s name and the RFP number and it must be handed over to the Post OfficeÊ¼s Official at Silverton, Pretoria, upon collection of bid documents.
NB: Attendance of the briefing session for RFP No. 01, 02 and 04 is compulsory and non-attendance shall disqualify bidders from submitting the above proposal.
Supply, delivery, installation, testing and commissioning of generators at the "Pretoria Zoo" National Zoological Gardens of South Africa (NZG), a subsidiary of the National Research Foundation (NRF): Contract 71/02/2011.
Compulsory pre-tender site inspection will be held on Wednesday, 15 June 2011 at 10h00.
Tender documents shall be available as from 10h00 on Monday, 6 June 2011 from the offices of the ClientÊ¼s representative: PHAKAMILE Engineering (1st Floor, Block C, Empire Park, 55 Empire Road, Parktown, Johannesburg).
6 July 2011. For all tender queries, contact: Mr J. Dlamini, on (011) 726-1662/47 or/and jama@phakamile.co.za The lowest or any tender need not necessarily be accepted. The NZG reserves the right to appoint or not to appoint any service provider. The cost of tender submission shall be borne by the tenderer in all aspects.
The Financial Intelligence Centre ("the Centre") seeks to procure professional services to assess and benchmark the CentreÊ¼s Information Technology Infrastructure Services.
Assist the Centre to compile Terms of Reference for the supply, installation, configuration and acceptance of the upgraded information technology infrastructure. Review and provide recommendation on the CentreÊ¼s current and future Disaster Recovery Infrastructure Requirements to ensure redundancy and high availability.
Please quote Reference No. FIC/PROF-SERV-IT-INF/0006/2011 in all correspondence. Correspondence without a reference number will not be attended to.
No compulsory briefing session will be held. No late submissions will be considered. Submissions may be deposited in the bid/tender box at/or handed in at reception situated at the Financial Intelligence Centre, 2nd Floor, Reception, Lakeside Building A (Munpen Building), Embankment Road, Centurion. No faxed or e-mailed submissions will be accepted.
SUPPLY/SERVICE: Electrosurgical unit-high power (X3) as per H.T.S. Specification No.
Closing date: 21/06/2011.
Closing date: 12/07/2011.
NB: Please note that no documents will be distributed during the briefing session date and late service providers will not be permitted in the briefing session venue.
All service providers must ensure that their proposals are in the tender box on or before 11h00 on the closing date and no late bids will be accepted.
The Insurance Sector Education and Training Authority (INSETA) was established on 20 March 2000 in terms of the Skills Development Act 97 of 1998 as amended in December 2008. INSETA is required to promote, facilitate and monitor education and skills development provision in the insurance sector.
Reference No.: 310/4900/004.
Description: Provision of Regional Advisor Services-Gauteng.
will be accepted until 12h00 on 21 June 2011. Please quote reference number. Closing date: 24 June 2011 at 12h00. INSETA requires the services of suitably qualified Regional Advisors to support SMMEs in the Insurance Sector. Operating from the Gauteng Region and reporting to the Skills Development Manager, the Regional Advisors will provide advocacy and support of SMMEÊ¼s skills development initiatives, guiding the activities of the INSETA in the region to ensure accessibility, visibility and quick response to queries from stakeholders.
Separate envelopes must be used for each Bid.
The reference number, description and closing date must be clearly indicated on the envelope.
Quotations must be in sealed envelopes.
The envelopes must be addressed to the Bid Evaluation Committee, together with the quotation number and closing date. To be placed in Quotation Box situated on the ground floor at the lift entrance.
The name and address of the quoting contractor must be endorsed on the back of the envelope. All Department of Health contracts are subject to appeals timeously lodged (if any) and letters of acceptance being issued.
Please complete original ZNT 30 document when submitting quotations above R30 000 (thirty thousand rand) together with an original tax clearance certificate.
A compulsory site inspection meeting will be held on Monday, the 13th of June 2011. Whilst travelling from De Aar on route to Phillipstown, at about 5 km after De Aar, you will see a number of Hydroponics tunnels on your left hand side. Take the dirt road left turn to get into the project site and proceed until you get to the tunnels. Tenderers are requested to meet Departmental officers at this point for a briefing at 13h00 hrs. At 13h30 hrs they will be led to the tunnels for a site inspection meeting. Failure to attend will lead to automatic disqualification and no service provider arriving after 13h00 will be allowed into the meeting.
Tenders close on: 27 June 2011 at 11h00.
Closing address: Department of Agriculture, Land Reform and Rural Development.
A compulsory site inspection meeting will be held on Friday, the 10th of June 2011. Whilst travelling on the N12 Road from Johannesburg to Kimberley, at about 5 km after Warrenton, you will see a number of chicken houses on your left hand side. Take the dirt road left turn to get into the project site and proceed until you get to the abattoir. Tenderers are requested to meet Departmental officers at this point for a briefing at 13h00 hrs. At 13h30 hrs they will be led to the chicken houses for a site inspection meeting. Failure to attend will lead to automatic disqualification and no Service Provider arriving after 13h00 will be allowed into the meeting. This project requires CIDB registration of 3CE/3ME/3GB or better.
Tender close on: 1 July 2011 at 11h00.
Or deposited in bid box situated at above address.
A compulsory site meeting will be held on Friday, 17 June 2011 at 11h00 at the Department of Agriculture Conference Room at Vaalharts Research Station. After the meeting, the site will be visit.
A compulsory site meeting will be hold on Tuesday, 7 June 2011 at 10h00 at the Mothibistad Office of Department of Agriculture, Land Reform and Rural Development. After which the site will be visited. Road directions are available at the Department of Agriculture, Land Reform and Rural Development-as shown below by the following address and contact number, and all terrain vehicle will be needed to visit the site.
Tenders close on: 24 June 2011 at 11h00.
Address of closure: Department of Agriculture, Land Reform and Rural Development.
Tender documents available at: Department of Agriculture, Land Reform and Rural Development.
A compulsory site meeting will be held on Friday, 10 June 2011 at 11h00 at the Department of Agriculture Conference Room at Vaalharts Research Station. On completion of the meeting a compulsory site visit will be conducted. Tenders close on: 24 June 2011 at 11h00.
TENDER No. NC/DALLET 0020 (90/10 POINTS SYSTEM) (CIDB REGISTRATION IN A CE2 OR GB2 CLASS IS REQUIRED): THE SUPPLY, DELIVERY AND INSTALLATION OF TRELLIS MATERIAL ON 5.
Printed copies of the bid documents are available from the Tender Office at SITA Head Office. A soft copy is also available on www.sita.co.
Contact number: (012) 482-2668 or (012) 482-2543.
Bids must be deposited in SITAÊ¼s bid box not later than the closing time indicated on each bid.
It is the prospective biddersÊ¼ responsibility to obtain documents in time so as to ensure that responses reach SITA (Pty) Ltd, timeously. SITA (Pty) Ltd, cannot be held responsible for delays in the postal service. SITA (Pty) Ltd reserves the right to cancel or withdraw any bid published.
EOIÊ¼s must be on the official EOI form which shall be completed in all respects and all information must be supplied as stipulated in the EOI document.
EOIÊ¼s must be submitted in sealed envelopes.
EOIÊ¼s must be addressed as directed in the EOI Document, i.e. front of the envelope must reflect the EOI number, description of EOI, closing date and time as well as the name and address of the bidder. The name and address of the Department must be written on the reverse side of the envelope.
SERVICE: Appointment of a panel of expert to assist the department with the implementation of the KwaZulu-Natal Planning and Development Act, 2008, by providing expert advice and develop a best practice.
Time: 11:00 am.
Compulsory briefing session: 27 June 2011 at 10h00.
Note 1: Potential bidders will not be permitted to enter the briefing session once it has commenced. The briefing session will commence at 10:00 sharp and no late bidders will be permitted to attend and neither will their EOIÊ¼s be accepted for consideration.
Note 2: EOI documents are to be collected at the address stipulated strictly prior to the briefing session. Note 3: Those who previously applied to re-apply.
Box No.: 04.
Times for collection of bid documents: 07h30 to 12h30 and 13h00 to 15h30.
Bid documents will be issued at the compulsory site meeting.
Compulsory site inspection meeting Yes.
Venue: Bidders to meet inside the main entrance at Isaviyo Primary School.
SERVICE: KwaZulu-Natal: North Crest Primary School: General repairs and renovations.
Venue: Bidders to meet inside the main entrance at North Crest Primary School.
Priority population group 35 3.
Note: Bidders who are registered on the Masakhe ECDP, Provincial Suppliers Database, CIDB at the close of bids are eligible to submit bids.
Telegraphic, telephonic, telex, facsimile and late bids will not be accepted.
Bids may only be submitted on the tender documentation that are issued.
Requirements for sealing, addressing, delivery, opening and assessment of bids are stated in the Tender Data.
Bids must be on the official bid/quotation form which shall be completed in all respect and all information must be supplied as stipulated in the tender documents.
The address, bid number and closing date must be endorsed on the back of the envelope.
All bid contract awards are subject to appeals being lodged (if any) and letters of acceptance being issued.
To obtain the tender document, contact the telephone and facsimile numbers stipulated.
Contractors will be required to produce a copy of a valid Tax Clearance Certificate prior to being issued with tender documents.
The bid box is situated outside entrance portal of DOT Head Office in Pietermaritzburg.
Bidders must be registered with the CIDB in a Civil Engineering Class of Construction Works.
for the construction of Double Celled 1.5 m x 1.
D1514 at km 6 + 710.
Venue: P100 Engineers Site Office in Ndwedwe.
SERVICE: The employment of emerging contractors with a minimum CIDB grading of 6CE or between km 0 and km 2,672.
Venue: Cost Centre Office Estcourt.
The name and address of the quoting company must be endorsed on the back of the envelope.
All Department of Health contracts awarded, are subject to appeals being timeously lodged (if any) and letters of acceptance are issued.
Please complete original ZNT 30 documents when submitting quotations above R30 000 (thirty thousand rand) together with an original tax clearance certificate.
Lower Umfolozi War Memorial Hospitals.
Separate envelope must be used for each quotation.
The envelope must be addressed to the Department of Health, Eshowe District Hospital, together with the quotation number and closing date.
All Departments of Health contracts awarded are subject to appeals being timeously lodged (if any) and letters of acceptance being issued.
Closing date: 24/06/2011.
Closing time: 11:00 am.
Bids must be on the official bid form, which shall be completed in all respects.
Separate envelopes must be used for each bid.
No faxed bids will be accepted as confidentiality of price is not guaranteed.
The envelope must be addressed to the Department of Health, Edendale Hospital together with the bid number and closing date.
Contracts shall only be awarded to suppliers registered on the Provincial Suppliers Database.
Bid documents must be deposited in the Bid box situated at the back of the Security Office (Main Gate).
Bid documents will be available from Edendale Hospital, Private Bag X509, Plessislaer, 3216, Tel. (033) 395-4256, Stores Department, Receipts and Despatch Section, Room No. 10, between hours 08:00 and 15:00.
An original ZNT 30 form must be completed and submitted together with an original, valid Tax Clearance Certificate.
All Departments of Health contracts awarded are subjected to appeals being timeously lodged (if any) and letters of acceptance being issued.
Description: Supply of led screens 2 m x 500 mm x 5 units.
Description: Infusion pumps-peristalic volumetric x 5 units.
Description: Cardiotocograph-twins monitoring x 8 units.
Description: Coin operated tumble dryer x 4 units.
Description: Coin operated washing machines x 6 units.
The address, quotation number and closing date must be endorsed at the front of the envelope.
The name and address of the company must be endorsed at the back of the envelope.
For quotations exceeding R30 000,00 an original ZNT 30 (application for preference points) and original Tax Clearance Certificate must be submitted to the abovementioned address.
SERVICE: Repairs and renovations to Chronic Disease Clinic.
Compulsory site inspection: 17/06/2011.
SERVICE: Repairs and renovations to Art Clinic.
The envelope must be addressed to GreyÊ¼s Provincial Hospital, Quotation Evaluation Committee, together with the quotation number and closing date.
All Department of Health contracts awarded are subject to appeals being timeously lodged (if any) and a letter of acceptance being issued.
Quotation documents are available from GreyÊ¼s Provincial Hospital Supplies Division, Town Bush Road, and Pietermaritzburg. Tel: (033) 897-3483.
For quotations exceeding R30 000,00, an original ZNT 30 (application for preference points) form must be submitted to GreyÊ¼s Provincial Hospital, an original tax clearance certificate must also be submitted regardless of price.
Closing date: 28/06/2011.
supplies 19 LCD monitor, including accessories, conduits, cables, glue and labour.
A compulsory site meeting to be held on 15/06/2011 at 11:00 am.
Tender documents can be collected at the site meeting.
The National Department Social Development is in the process of reviewing its supplier database. Potential suppliers and service providers are invited to apply for registration on the database. Suppliers and service providers who previously submitted application forms must also re-apply to be listed on the supplier database. Note this invitation is extended to service providers who are qualified and have experience in the various commodities listed below.
Submission of a completed registration form accompanied by relevant valid documents as prescribed on the application form. Application forms can be collected at the reception at the Department of Social Development, HSRC Building, 134 Pretorius Street, Pretoria. Electronic copies of the application forms are available on the DepartmentÊ¼s website at: www.dsd.gov.
The closing date for the submission of application forms is: 8 July 2011.
Invitation for Bidders to attend a compulsory briefing session and subsequent submission of proposals on the Planning of a Dairy for the Nkandla (Masibambane) Project in the Nkandla Local Municipality for the Department of Rural Development and Land Reform: Provincial Shared Service Centre, KwaZulu-Natal.
Experience and expertise in projects of a similar nature.
Interested service providers that possess the above-mentioned experience and expertise are invited to attend a compulsory briefing session in this regard.
Venue: Department of Rural Development and Land Reform: Shared Service Centre: Boardroom.
Tender description Tender No.
Please note that bid documents will be handed out at the Compulsory Briefing Session on 14 June 2011 at 10h00. The closing date for submission of proposals: 1 July 2011 at 11h00. SHARED SERVICES CENTRE 270 Jabu Ndlovu Street (Loop) Street Pietermaritzburg 3201 For more information contact: Mr R. Dawjee at (033) 355-4300 or Ms P. Muller/Mr. A. Jali, at (033) 264-9500 or Fax: (033) 342-1991.
Description: Appointment of service provider to supply various printer consumables, such as toners (black, cyan, magenta, yellow), maintenance kits, fuser units, photoconductor units, transfer belts, etc. at CIPC. Full list of toners will be provided in the terms of reference.
Bid closing date & time: Friday, 8 July 2011 not later than 11:00 am (South African Time). No late, electronic, scanned and facsimile submissions will be accepted. The bid box is situated at: CIPC, 77 Meintjies Street, Sunnyside, Block "F", The DTI Campus, Pretoria (ask the security at reception to help you locate the bid box). NB: It is the prospective biddersÊ¼ responsibility to obtain documents in time so as to ensure that the responses reach CIPC, timeously. CIPC cannot be held responsible for delays in the postal service.
10 points for Participation Goals (Stage 2).
2.Compulsory briefing session will be held on 22 June 2011 at ITAC at 10h00. Failure to attend the session will automatically disqualify the bidder. Bids document are obtainable from: DTI Campus, Block E, First Floor, 77 Meintjies Street, Sunnyside, Pretoria. Office hours are: 07h45 to 16h15 (Monday to Friday excluding public holidays). A non-refundable fee of R100,00 will be charged for bid documents. The Bid Box is situated at the DTI Campus, Block E, Ground Floor.
Closing date is: 8 July 2011 at 11h00. No late tender will be accepted.
Description: Intensive Care Crib-Infant as per Specification HTS No. 22/1999 (electronic).
Tender No. 64/11/12.
Quotations must be on the official form, which shall be in all respects and all information must be stipulated in the quotation document.
Quotations must be delivered in sealed envelopes.
The envelopes must be addressed to Hlengisizwe CHC with the quotation number and closing date and deposited in the quotation box at the entrance.
All Department of Health contracts awarded are subjected to appeals being timeously lodged (if any) and letters of acceptance being issued.
The name and address of quoting contractor must be endorsed at the back of the envelope.
Please complete original ZNT 30 document when submitting quotations higher than R30 000 together with an original Tax Clearance Certificate.
No fax quotations will be accepted.
Validity period: 90 days.
SUPPLY/SERVICE: Appointment of a consulting engineer to co-ordinate the building and scooping of dams-Makhathini Integrated Master Development Plan.
NB: Bidders are required to submit two (2) extra copies of bid documents plus the original on the closing date. General enquiries and bid collection: Supply Chain Offices, Cedara (Pietermaritzburg), Tel: (033) 343-8196/8184.
Closing date: 15 July 2011 not later than 11:00 am. Please note: There will be a compulsory briefing session on 24 June 2011 in the STATS SA Auditorium, First Floor, De Bruyn Park Building, 170 Andries Street, Pretoria at 11 am. Service providers are requested to be at the Auditorium at 11:00 for the briefing session. No bidder will be allowed access into the premises after 11:10.
Session, obtainable from physical address: 170 Andries Street, De Bruyn Park Building, Pretoria. Note: Bid documents will not be issued during the Briefing Session. Completed bid documents must be delivered to the STATS SA Reception.
Park Building, not later than 11:00 on 15 July 2011.
337-6372/6373 E-mail: bidoffice@statssa.gov.za Statistics South Africa reserves the right not to consider or to reject all bids or amend, modify, postpone, withdraw or terminates the bidding process at any time for any reason whatsoever. Office hours: 07:30-12:30 and 13:00-16:00 (Mondays to Fridays).
Bidders are invited from Approved Car Dealers to supply and deliver TLBÊ¼s and LDVÊ¼s to Lepelle Northern Water.
A Compulsory Briefing Session will be held at 10:00 on Wednesday the 8th of June 2011. Prospective bidders are requested to meet the Project Manager on the said date and time at No. 15 Biccard Street, in Polokwane.
Bids are to be completed in accordance with the conditions and rules contained in the bid documents. All documents must be sealed and labelled with the Bid Number and description, and placed in the tender box, at the offices of LNW in Polokwane situated in No. 15 Biccard Street, in Polokwane, not later than 11h00 on Thursday, the 30th June 2011. Bids will be opened on the indicated date and time, in public. All bids shall hold good for 90 days as from the closing date.
Bid documents which are not received and/or deposited in the tender box before 11:00 on the closing date will be marked as late bids and shall in terms of the Procurement Policy of LNW, not be considered. Procurement related enquiries may be directed to: Ms Rose Mahlaule at 078 770 4620; and Technical enquiries may be directed to: Mr Calvin Mathivha at 082 569 5348. The lowest or any bid will not necessarily be accepted and LNW reserves the right not to consider any bid suitably endorsed or comprehensively completed, as well as the right to accept a bid in whole or part. 90/10 Preferential Points System will be used to evaluate this bid in line with the Preferential Procurement Policy Framework Act, 2000.
The Department of Infrastructure Development invites tenders for: Functionality: A minimum score of 50% must be obtained for functionality on the above projects. [Note: To qualify attachments and proof must be submitted.
Construction foreman with 3 years experience, -Youth=2 attach CVÊ¼s: 25 points References of relevant projects: 25 points 3 completion certificates: 25 points A minimum score of 75% must be obtained for functionality on the above projects.
Construction foreman with 2 years experience and -Youth=2 attach CVÊ¼s: 25 points References of relevant projects: 25 points 2 completion certificates: 25 points A minimum score of 75% must be obtained for functionality on the above projects.
Construction foreman with 2 years experience and -Youth=2 burg off-ramping on Ravel attach CVÊ¼s: 25 points References of relevant projects: 25 points 2 completion certificates: 25 points A minimum score of 75% must be obtained for functionality on the above projects.
Construction foreman with 2 years experience and -Youth=2 Drive onto Moloto Road attach CVÊ¼s: 25 points References of relevant projects: 25 points 2 completion certificates: 25 points A minimum score of 75% must be obtained for functionality on the above projects.
Construction foreman with 2 years experience and -Youth=2 gravel road accessible from attach CVÊ¼s: 25 points References of relevant projects: 25 points 2 completion certificates: 25 points A minimum score of 75% must be obtained for functionality on the above projects.
Functionality: 100 points Relevant CIDB grading: 25 points Construction foreman with 2 years experience and attach CVÊ¼s: 25 points References of relevant projects: 25 points 2 completion certificates: 25 points A minimum score of 75% must be obtained for functionality on the above projects.
DID 268/10/2010 Supply and installation of sewer reticulation system at Pheasant folly Primary School Price=90 Equity=10 -HDI=4 -Gender=3 -Youth=2 -Disability=1 3CE or higher Date: 14 June 2011 Time: 10h30 Venue: Located in Tsietsi Phase 5 Township, approximately 9 km from Sybrand/ Vereeniging Interchange (R59) along Kliprivier.
Functionality: 100 points Skills (20 points): CV of key staff in the building environment five (5) years working experience. Experience (20 points): References of relevant experience. Implementation Project Plan (20 points) Two year financial statements 2009-2010/ 2010-2011 (20 points). Quality Assurance Plan (20 points) A minimum score of 60% must be obtained for functionality on the above projects.
Valid and original tax clearance.
It is not compulsory for those who attended previous site briefing meeting held before to attend.
The Department adheres to all relevant Acts, including the Black Economic Empowerment Act No. 53 of 2003, Preferential Procurement Policy Framework Act, No. 2 of 2000 and Employment Equity Act, No. 55 of 1998.
The Department is committed to empower local economy. The Department is not obliged to award the service of the lowest bidder.
Telegraphic, telephonic, telex, facsimile and the late tenders will not be accepted. Tenders to be deposited in the tender box in the foyer of the Corner House Building, corner Commissioner & Sauer Streets, 63 Fox Street, Marshalltown, 2107. Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the tender data.
The National Lotteries Board (NLB) is a Schedule 3A public entity established by an Act of Parliament (Lotteries Act No. 57 of 1997) to regulate the South African Lottery industry. The functions of the Board can be divided into two categories, namely "regulation of National Lottery and other Lotteries" and "administration of the National Lottery Distribution Trust Fund (NLDTF)".
In order to better achieve its mandate, the NLB invites prospective service providers who can demonstrate strong BEE credentials in their submissions. Detailed Terms of Reference is available from: TOR1@nlb.org.
Please include the words, REGIONAL OFFICES in the subject line of the email.
One original plus four copies of the proposal (i.e. five sets in total) should be clearly marked "2011-1HL, Provision of Regional Offices Lease in six (6) Locations."
In order to be considered, prospective service providers should submit their proposals by 11h00, 1 July 2011. No late proposals will be accepted. No unsigned, faxed, photocopied or e-mailed proposals will be considered.
Supply chain enquiries are to be directed to: Ms Bojane Mosima at (012) 432-1344.
The NLB reserves the right not to accept any proposal.
Quotations to be submitted in sealed envelopes.
The envelope must be addressed to Itshelejuba Hospital, Bid Evaluation Committee together with the quotation number and closing date.
All Department of Health contracts awarded are subject to appeals being timeously lodged (if any) and letters of acceptances being issued.
Tenderers are requested to submit their Quotations with ZNT 30 forms and Tax clearance certificates.
Re-advert of quotation: Supply and delivery dairy product and other milk product (6 months contract).
Closing date: 20/06/2011.
Re-advert of quotation: Renovation of doctors house roof and remove trees (6 long pine trees).
Site meeting: 21/06/2011.
Contact person (specification): Mbatha V.E. Ext 194.
Quotation must be on the official form, which shall be completed in all respects, and all information must be supplied as stipulated in the quotation document.
Quotations must be submitted separately in sealed envelopes.
The envelope must be addressed to St Andrews Hospital, Quotation Evaluation Committee, Private Bag X1010, Harding, 4680, or deposited in the Tender Box in St Andrews at the Bottom Security Gates Hospital reflecting the quotation number and closing date.
An original ZNT 30 (Application for Preference Points) form and a valid original tax clearance certificate must be submitted with the quotation.
No faxed copies quotations will be accepted.
SUPPLY: Diathermy Units Shortwave.
SUPPLY: Dry groceries.
SUPPLY: Red meat.
SUPPLY: Poultry meat.
Quotation must be on the official quotation form, which shall be completed in all respects, and all information must be supplied as stipulated in the bid document.
Quotations must be submitted in sealed envelopes clearly marked ZNQ number and closing date.
The envelope must be addressed to: The Department of Health, E.G. and Usher Memorial Hospital, Private Bag X506, Kokstad, 4700, together with the quotation number and closing date.
The name and address of the bidder/contractor must be endorsed at the back of the envelope.
00 on the closing date.
All Department of Health contracts awarded are subject to appeals being lodged (if any) and letters of acceptance being issued.
Quotation documents are available from the Department of Health, E.G. and Usher Memorial Hospital, corner of Elliot Street and The Avenue, Kokstad, 4700. Tel: (039) 797-8100. Facsimile: (039) 797-8100/8162.
Valid Tax Clearance certificates and ZNT 30 should be attached for quotations above R30 000.
Quotations that are faxed and received after closing date will not be CONSIDERED.
SERVICE: Supply and deliver Ultrasound Machine.
Closing date: 2011/06/22.
SERVICE: Supply and deliver Gastroscope Machine x 01.
Bids may only be submitted on the official tender form, which shall be completed in all respects and all information must be supplied as stipulated in the bid documents.
Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the tender data.
Telephonic, facsimile and late tenders will not be accepted.
All tenderers must be registered on the Provincial Suppliers Database, and the CIDB.
Also all tenderers must be registered on the Department of Public Works Masakhe Database. For Masakhe Projects tenders will be adjudicated as per Department Preferential Procurement Objectives: PPG i.e.
Youth equity ownership 20%.
SERVICE: Port Shepstone Hospital: Structural repairs to roof (Masakhe Project).
Closing date: 2011/07/07.
Venue: Tenderers to meet at Hospital Main Entrance.
SERVICE: Murchison Hospital: Replacement of sewer screening facility.
Venue: Tenderers to meet on site.
SERVICE: Rietvlei Hospital: Revitalization Project Phase 3 (b): staff accommodation, club house, ARV Building, site services, road and parking to existing hospital.
Tenderers to meet on site.
foundations and concrete spalling repairs.
upgrading of ablution facilities (Masakhe Project).
Cedara Agricultural College: Bulk water reticulation replacement-Phase 2.
Tenderers to meet at the gate.
Building: Repairs to roof (Masakhe Project).
Closing date: 2011/07/08.
Venue: Tenderers to meet at the gate.
SERVICE: Cedara Agricultural Complex: Head Office: Reception upgrade (Masakhe Project).
Venue: To meet at the main building, Cedara.
SERVICE: Himeville, Mqatsheni Clinic: New clinic, nurses home and guard house.
Documents for ZNTM0628W will also be available from: Department of Public Works: Sisonke District Office, 15 Hope Street, Kokstad.
The envelope must be addressed to the Department of Health, Orthopaedic Services, together with the quotation number and closing date.
All Department of Health contracts awarded, are subject to appeals being timeously lodged (if any) and letters of acceptance being issued.
Quotation documents are available from the Department of Health, Orthopaedic Services, c/o Wentworth Hospital, Boston Road, off Quality Street, Wentworth.
An original ZNT 30 (application for preference points) must be submitted. An original Tax Clearance Certificate must accompany the quotation, regardless of the price.
Tender documents will only be issued to companies that produce their latest original Tax Clearance Certificate at the site meeting.
SUPPLY: Modular 4bar linkage knee.
Closing date: 06/07/11.
SUPPLY: Rotatable socket adaptor with pyramid receiver.
SUPPLY: 3Prong laminating anchor with pyramid.
SUPPLY: Foam connecting plate.
SUPPLY: Modular tube clamp adaptor.
SUPPLY: Modular sach foot adaptor.
SUPPLY: Long tube adaptor.
SUPPLY: Blocks and bolts for sach feet.
SUPPLY: Laminating anchor with pyramid.
SUPPLY: Modular L.D. single axis knee with lock.
SUPPLY: Socket attachment block.
SUPPLY: Modular H.D. single axis knee with lock.
SUPPLY: A.K. Suspension cuffs.
SUPPLY: Elastic corsets male size 28.
SUPPLY: Elastic corsets male size 30.
SUPPLY: Elastic corsets male size 32.
SUPPLY: Elastic corsets male size 34.
SUPPLY: Elastic corsets male size 36.
SUPPLY: Elastic corsets male size 38.
SUPPLY: Elastic corsets male size 40.
SUPPLY: Elastic corsets male size 42.
SUPPLY: Elastic corsets male size 44.
SUPPLY: Elastic corsets male size 46.
SUPPLY: Elastic corsets male size 48.
SUPPLY: Elastic corsets male size 50.
SUPPLY: Small hinged knee brace.
SUPPLY: Medium hinged knee brace.
SUPPLY: Large hinged knee brace.
SUPPLY: X-large hinged knee brace.
SUPPLY: XX-large hinged knee brace.
SUPPLY: XXX-large hinged knee brace.
SUPPLY: Modular safety knee.
CONTRACT No.
PROVINCE OF KWAZULU-NATAL: DEPARTMENT: OFFICE OF THE PREMIER NB: All contract awards are subject to no appeals being lodged within 5 working days from the date of this advertisement. For all enquiries, kindly contact: Adv Bheki Mbili, Tel: (033) 341-3372.
No. Description Organization Tender No.
Bid for appointment of a service provider to assist Gauteng Economic Development Agency (GEDA) in conducting energy consumption audit and retrofitting existing candescent lights with L.E.D.
REFERENCE No.
NB: All contracts awards are subject to no appeals lodged within 7 working days from date of this advertisement.
3 Department of Public Works (Cape Town), Room 942, Ninth Floor, Lower Heerengracht, Customs Building, Foreshore, Cape Town, or Private Bag X9027, Cape Town, 8000; or deposited in the tender box in the main entrance, Ground Floor, Lower Heerengracht, Customs Building, Cape Town.
Enquiries: Miss C. Noble (Room 11) Office hours: 08:00-12:00 and 13:30-15:00 6 National Department of Public Works, Johannesburg Regional Office, 78 De Korte Street, corner of De Korte and De Beer Streets, Private Bag X3, Braamfontein; bids/tenders to be deposited in the tender/bid box at the main entrance at the Ground Floor at 78 De Korte Street, Braamfontein.
7 Department of Public Works, 21-23 Market Square, Old Magistrates Building, Kimberley, 8301; or Private Bag X5002, Kimberley, 8300; or deposited in the tender box at the entrance at 21-23 Market Square, Old Magistrates Building, Kimberley, 8301.
Enquiries: Ms N. Metula Office hours: 07:00-15:30 81 The Provincial Director: Department of Labour, Labour, Eastern Cape, 3 Hill Street, East London, or Private Bag X9005, East London, 5201; or deposited in the tender box at the main entrance, Laboria House, 3 Hill Street, East London. Enquiries: Supply Chain Management Office hours: 07:30-16:00 Tel.
Fax: (012) 325-6111 110 SA Police Service, 117 Cresswell Road, Silverton, 0127, or The Divisional Commissioner, Supply Chain Management, The Section Head, Acquisition Management, Private Bag X254, Pretoria, 0001; or deposited in the tender box at A-Block, First Floor, West Wing, Room 5104.
Prospective tenderers can come and collect tender documents themselves or can request it by fax.
Enquiries: Ms J. Kola Office hours: 08:00-15:30 265 Department of Transport and Public Works: Provincial Roads and Transport Management Branch, Second Floor, Tender Office, Provincial Building, 9 Dorp Street, Cape Town, 8001, or P.O. Box 2603, Cape Town, 8000; or deposited in the tender box at Second Floor, Provincial Building, 9 Dorp Street, Cape Town, 8001.
300 Provincial Administration Western Cape: Chief Directorate: Works, Room 701, 9 Dorp Street, Cape Town, 8001, or Private Bag X9078, Cape Town, 8000. Enquiries: Ms A.
307 Groote Schuur Hospital: Supplies Department, Tender Office Room 51/53, F46, First Floor, Old Main Building, or Groote Schuur Hospital, Old Main Building, Observatory, Cape, 7935, or Private Bag, Observatory, 7935; or deposited in the tender box at entrance foyer (adjacent to security office) main entrance, Old Main Building, Groote Schuur Hospital.
324 Department of Public Works: Regional Manager: Mmabatho Regional Office, Room 106, First Floor, West Gallery, Mega City Shopping Complex, Mmabatho, North West Province, or tenders obtainable from Office 32, Phase 1, Site 810, Albert Lithuli Street, Unit 3, Mmabatho, 2745; or post or deliver to: The Regional Manager: Mmabatho Regional Office, Private Bag X120, Mmabatho, 2745; or deposited in the tender box at First Floor, West Gallery, Mega City Complex, next to the lift and main entrance.
352 Department of Transport and Public Works: Provincial Administration: Western Cape, 9 Dorp Street, Cape Town, 8001; or Private Bag X9078, Cape Town, 8000; or deposited in the tender box in the Foyer, 9 Dorp Street, Cape Town. Enquiries: Ms N.
354 The Director-General: Department of Arts and Culture, 8th Floor, Kingsley Centre, cnr Beatrix and Church Streets, Arcadia; or Private Bag X897, Pretoria, 0001, or deposit in the tender box at 8th Floor, Kingsley Centre, corner of Beatrix and Church Streets, Arcadia.
360 SimonÊ¼s Town Procurement Service Centre, Tender Administration Section, Arsenal Road, SimonÊ¼s Town, 7975; or Department of Defence, Defence Materièl Division, SimonÊ¼s Town Procurement Service Centre, P.O. Box 685, SimonÊ¼s Town, 7995; or deposited in the tender box at the main entrance gate, Old Naval Logistics Base, Main Entrance Gate, Arsenal Road, SimonÊ¼s Town. Attention: Tender Office. (All hours-Mondays to Fridays).
No database application forms will be supplied either electronically or by fax. Suppliers wishing to register must bring the following minimum documents and complete the database registration forms at the Central Procurement Service Centre: Valid Tax Clearance Certificate, Company Registration Certificate (CIPRO), Company Letterhead and a cancelled cheque or letter from the bank for other types of accounts.
371A Department of Defence-Logistic Support Formation, corner of Stephanus Schoeman and Van Riebeeck Roads in Thaba Tshwane, or Department of Defence: Logistic Support Formation, Central Procurement Service Centre, Private Bag X1037, Thaba Tshwane, 0143; or deposited in the tender box next to the main entrance to Joint Support Base Garrison, corner of Stephanus Schoeman and Van Riebeeck Roads, Thaba Tshwane. No database application forms will be supplied either electronically or by fax. Suppliers wishing to register must bring the following minimum documents and complete the database registration forms at the Central Procurement Service Centre: Valid Tax Clearance Certificate, Company Registration Certificate (CIPRO), Company Letterhead and a cancelled cheque or letter from the bank for other types of accounts. NB: Bidders to phone in advance to collect the bid documents. Enquiries: Warrant Officer Class 1 A.B.F.
415 Western Cape Education Department, Ground Floor, Grand Central Building, Lower Plein Street, Cape Town, 8001; or Private Bag X9114, Cape Town, 8000; or deposited in the tender box on Ground Floor, Grand Central Towers, Lower Plein Street, Cape Town, 8000. Enquiries: Mr B. Stoffels/Mr A.
415A Western Cape Education Department, Ground Floor, Grand Central Towers, Lower Plein Street, Cape Town, 8000; or Private Bag X9114, Cape Town, 8000; or deposited in the tender box on Ground Floor, Grand Central Towers, Lower Plein Street, Cape Town, 8000. Enquiries: Mr F. Feres/Mr A.
438 Department of Rural Development and Land Reform: Provincial Shared Service Centre,: Western Cape: Van der Sterr Building, Rhodes Avenue, Mowbray (Cape Town), or Private Bag X10, Mowbray, 7705; or deposited in the tender box at the main entrance, Van der Sterr Building, Rhodes Avenue, Mowbray (Cape Town).
900 Name of department: Procurement. Street address: NHLS, 1 Modderfontein Road, Sandringham, Johannesburg; E-mail/fax: A non-refundable charge of R500,00 is payable prior to obtaining a tender document. The monies should be deposited into the account of the NHLS, First National Bank, Parktown, Account No. 58811152924, Branch Code 250455. Proof of payment should be sent via Fax: (011) 386-6303, or E-mail to marietjie.taylor@nhls.ac.za or nolly.mangolele@nhls.ac.za upon which the tender document will be e-mailed. Tenders may also be collected from the above street address after payment has been made. Or deliver bid to: Procurement Manager: NHLS, tender box address: Reception, 1 Modderfontein Road, Sandringham, Johannesburg. If instrumentation is requested and the potential supplier is not known to the NHLS, please arrange for any evaluations on quality assurance checks to be done via Mr H Miles: QA Manager on (011) 386-6142.
The Tender Bulletin is published every week on Friday, and the closing time for the acceptance of tenders which have to appear in the Tender Bulletin on any particular Friday, is 15:00 on the preceding Friday.
<fn>GOV-ZA.2683En.2012-02-10.en.txt</fn>
Annexure 3: Subscription 48 istelle.pienaar@gpw.gov.
Istelle Pienaar at Tel. (012) 334-4504. Shirley Beetge at Tel. (012) 334-4565 Maureen Toka, Tel. (012) 334-4507 Ronnie Mashifane, Tel. (012) 334-4735 or Maggie Jumba, Tel. (012) 334-4734.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za The supply, delivery (including individualy packaged) and fitting of appropriate uniform for various staff categories at Groote Schuur Hospital. Bid with an estimated value of more than R500 000,00.
Supply of corporate uniforms for specialist nurses, phlebotomists, receptionists and messenger/drivers. Compulsory briefing session: 10:00, 17 June 2011, Conference Room, NHLS Head Office, 1 Modderfontein Road, Sandringham, Johannesburg. Enquiries: Ms Y Ngwenya/Ms T Mbangeni (011) 386-6165/6250.
NB: A compulsory site meeting will be held on 5 July 2011 at Ordnance 086/2011 11h00. The venue is the SA Army HQ Unit.
Contact person: Colonel I. Arends, Tel: (012) 355-1596.
Service Centre. Alternatively a self-addressed and stamped envelope R17,55 (E3 size) can be sent to this Centre at 11h00. The venue is SA Army HQ.
Service Centre.
Supply, delivery and installation of warrior shelters.
Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, testing, calibration, demonstration (including specified training) and commissioning in good working order of one (1) surgical microscope for use in the Neurosurgery Department.
Placement of chemistry analysers (general chemistry/ therapeutic drugs) in small and medium laboratories. Enquiries: Ms Y. Ngwenya/Ms T. Mbangeni (011) 386-6138/6250. Technical queries: Ms P. Dabula/Ms S.
Placement of full blood count haematology analysers (FBC/retics/diff/research parameters) in small and medium laboratories. Enquiries: Ms Y. Ngwenya/Ms T. Mbangeni, Tel: (011) 386-6138/ 6250. Technical queries: Ms P. Dabula/Ms S.
Supply and delivery of 1, 2, 3, 4 ply and DD forms. NB: A compulsory site meeting will be held on 23 June 2011 at 11h00. The venue is the Central Procurement Service Centre Conference Room. Contact person: Colonel I. Arends, Tel: (012) 355-1596, or Lieutenant Colonel N. C. Pascoe, Tel: (012) 355-1302. Bid documents can be collected at the Central Procurement Service Centre.
SAPS: JHB: Booysen, Married Quaters: Repairs and renovations to Acacia Court. Booysen- Johannesburg JHB.
Supply and erect 1 x pre-fabricated laboratory including all interior and exterior finishes at Greys Laboratory. Compulsory site meeting: 21 June 2011, 08h30 at visitorÊ¼s parking area, inside main gate to the right, Greys Laboratory, KwaZulu-Natal. Enquiries: Ms Y. Ngwenya/Ms T. Mbangeni, Tel: (011) 386-6250. Technical queries: Mr C.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za The provision of a comprehensive cleaning service for various areas of Groote Schuur Hospital, including consumables, equipment and labour. NB: Compulsory site meeting to be held on Monday, 4 July 2011 at the Big Bennie de Wet Lecture Theatre in the Old Main Building, startingg time 11h30 for registration, meeting to commence at 12h00. Bid with an estimated value of more than R500 000,00.
A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.
It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 3ME PE or 3ME PE* or higher. This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 13-06-2011 at 11h00. Prospective tenderers to meet at Roodeplaat Dam: Dog School. Note: Documents will be sold at a non-refundable deposit of R200 cash per set. Contact for tender information: Letlhogonolo Mokono, Tel: (012) 310-5209. General enquiries: Project Manager: Stanley Maahlo, Tel: (012) 337-2904. Erratum (change of closing date): Roodeplaat Dam: Dog School: Maintenance of water purification system: Follow-on Ramp. CIDB contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4ME or 4ME* or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI): (a)Persons who had no franchise in national elections before the 7 points 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA): (a)Contract participation goal by awarding contracts to targeted enterprises (Tender and Contract Conditions PA-16.
The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.
The Johannesburg Zoo seeks to procure services of restaurant service provider in its facilities in Johannesburg as a value-added and income generating business opportunity. Compulsory site visit address: Johannesburg Zoo Premises, Jan Smuts Avenue, Parkview, 2193. Compulsory briefing session date: 23 June 2011. Compulsory briefing session time: 10:00 am. NB: A non-refundable tender deposit of R500, payable in cash is required on collection of the tender document.
Design, manufacturing, supply, delivery and installation of carpentry throughout the exhibition space of approximately 2,700 square metres for the Freedom Park. A compulsory site inspection will be held on: Date: 29 June 2011. Time: 10h00. Venue: Freedom Park, Salvokop, Pretoria, at #Hapo, Seminar Room. Note: Bid document will be sold at a non-refundable amount of R100,00 per set, as from 20 June 2011. Contact for bid information: Mr E.
Bids can also be downloaded from the following website: http://www.ruraldevelopment.gov.za Procurement lease of a scanning solution for the Department of Rural Development and Land Reform (DRDLR), for a period of two (2) years. A compulsory briefing session will be held on 27 June 2011 at 10h00, 184 Jacob Mare Street, Department of Rural Development and Land Reform(cnr. of Jacob Mare and Paul Kruger Streets), Pretoria. For further enquiries refer to below contacts: Technical enquiries: Ms Prudence Phiri, Tel: (012) 312-8490.
Bids can also be downloaded from the following website: http://www.ruraldevelopment.gov.za The construction of a river bridge and access road between Mvezo Village and N2 turn-off in the King Sabata Dalindyebo Local Municipality in the Eastern Cape. A tender for Category 8CE or higher CIDB registered contractors. A compulsory briefing session will be held on 20 June 2011 at 10h30, right hand turn off on the N2 (facing Mthatha), just before the bridge over the Mbashe River. For further enquiries refer to below contacts: Technical enquiries: Mr C. Edwards, Tel: (012) 427-2466.
Appointment of a service provider to assess and evaluate the performance of extension recovery plan for the past three (3) years. Contact person for technical queries: Ms L. Botsheleng, Tel. No: (015) 519-3300. Contact person for general queries: Ms E. A. Mundalamo, Tel. No: (012) 319-6756 Department of Agriculture, Forestry and Fisheries 4.4.12.
Appointment of a service provider to plan, organise and manage the DTI Technology Awards to be held on 19-20 October 2011 in Limpopo Province. Compulsory briefing session: Date: 22 June 2011. Time: 10:00 -11:00. Venue: Auditorium, NRF Offices, CSIR Campus, Southgate, Meiring Naude Road, Brummeria, Pretoria, 0001.
Appointment of a service provider/consultant to assist the Department in conducting the Medium-Term Review of the Vaal Triangle Airshed Priority Area Air Quality Management Plan.
Appointment of a service provider to render protective services at Kirstenbosch National Botanical Garden. NB: Compulsory briefing session will be held at the Kirstenbosch National Botanical Garden on the 28 June 2011 at 11:00 (Kirstenbosch National Botanical Garden, Visitors Centre), Cape Town. NB: Please note that no tender documents will be issued at the briefing session; bidders are requested to download the tender documents on the website, www.sanbi.
The National Treasury hereby invites specialists to assist with Economics Analysis of Capital Projects within the transport sector in South Africa. Purpose: To assist with building capacity within the Capital Projects Unit of the Public Finance Division, National Treasury, to better analyse the potential economic costs and benefits of proposed large transport projects in South Africa. The Terms of Reference (TOR), detailing the bid requirements, are available in hard copy from National Treasury, Tender Information Centre, 240 Vermeulen Street (corner Andries Street), Pretoria. General enquiries: Ms Aletta Mbuyane/Ms Thando Nyoka, Tel: (012) 315-5285/(012) 395-6519.
Appointment of a panel of service providers to place temporary staff in the National Treasury, for a period of two years. NB: A non-compulsory briefing session will be held at National Treasury (240 Vermeulen Building), corner Vermeulen and Andries Streets: Date: 7 July 2011. Time: 09:00 to 10:00. Floor No: 4th Floor, Room No. 401. NB:Bidders are strongly advised to attend the session. The Terms of Reference (TOR), detailing the bid requirements, are available in hard copy from National Treasury, Tender Information Centre, 240 Vermeulen Street (corner Andries Street), Pretoria. General enquiries: Ms Aletta Mbuyane/Ms Thando Nyoka, Tel: (012) 315-5285/(012) 395-6519.
District Free State Province at the Department of Rural Development and Land Reform (DRDLR), for a period of one (01) month. Compulsory briefing session: Thaba-Nchu College, Thaba-Nchu. Date and time: 27 June 2011 at 11h00. Bid document can be placed in the tender/bid box, 136 SA Eagle Building, Maitland Street, Bloemfontein. Bid documentation fee: Please be advised that the document will be issued at the briefing session for free. Evaluation criteria: 90/10 principle.
Sale of property situated on (6) Erf 1068, 12 Mistletoe Road, Pelikan Park; (7) Erf 4430, 1A Mountain Ave, Eerste River; (8) Erf 4429, 3 Mountain Street, Eerste River; (9) Erf 4235, 5 Desert Close, Eerste River and (10) Erf 4427, 7C Mountain Street, Eerste River. Documents available on the 6th Floor, SCM Room (6-07) at No. 27 Wale Street, Cape Town, between 08h00-12h00 & 13h00-15h00. Contact persons: Mr O. Mdutyana, Tel: (021) 483-3208; or Ms C.
Date: 22nd June 2011.
Sentech would like to invite tenders for the supply of a Corporate IP Telephony System.
Tender No.: SENT/IT/VNS/001/2011.
Closing date: 15 July 2011.
Closing time: 12:00 pm.
Description: Sentech Ltd is a State owned Information and Communication Technology (ICT) Company that provides Broadcasting Signal Distribution (BSD) and Telecommunications Services in South Africa and other parts of Africa. The Company is headquartered in Johannesburg, Fourways, and comprises of 15 nationwide regional offices.
refundable amount of R250,00. Sentech Ltd Augusta House Fourways Golf Park Roos Street Fourways South Africa.
Note: No briefing session will be held.
A. Valid tax clearance certificate (not older than 12 months).
D. Indication of Black Economic Empowerment and Gender representivity status. Certificate from BBBEE agency which reflect your status to be submitted. Companies who previously have submitted applications for registration on the database need to submit a copy of the BEE status report.
SMME status Registration forms are obtainable from: DPE website: www.dpe.gov.
SERVICE: 4 x HGT Machines.
SERVICE: 10 x Digital Haemogluco Test Machines.
Quotation number: ZNQ 32/11/12.
SERVICE: Baumanoter or Welsh Allan Vital Spot Signs Monitor (Dynamap).
Quotation number: ZNQ 92/11/12.
Quotation number: ZNQ 72/11/12.
Quotation must be submitted in sealed envelopes, separate envelopes must be used for each quotation.
Conference arm chairs-short back (94 units).
Enquiries regarding specifications: Mr L.G.
The Gauteng Partnership Fund (GPF) is a Schedule 3C Public Entity established by the Gauteng Department of Local Government and Housing.
The GPF wishes to procure the services of an internal audit service provider with specialist audit expertise to render internal audit services for a twelve month period renewable annually (3 years).
Bid documents are available from GPF for collection between office hours: 08:00 to 16:00, weekdays.
Contact person: Brian Mangcipu, Tel: (011) 290-6690. Fax: (011) 290-6696.
Ngwathe Municipality invites tenders for the Civil Construction Work for the Extension to the Parys Wastewater Treatment Works.
The contract comprises the construction of civil works with the objective of expanding the capacity of the existing Parys Wastewater Treatment Works. Civil works include the construction of a biological reactor, inlet works, clarifiers, pump station, roadworks, chlorination building, dewatering building, office building, chlorine contact tank, interconnecting pipework and miscellaneous works.
Tenderers must be registered with the CIDB in a CE Class of Construction Works and have a grading designation equal to or higher than that determined in accordance with the sum tendered or a value determined in accordance with Regulation 25 (1B) or 25 (7A) of the Construction Industry Development Regulations, 2004. It is estimated that the required CIDB Contractor Grading Designation will be 7CE.
The physical address for collection of tender documents is: 1st Floor, Parys Municipal Office, Liebenbergstrek Crescent, Parys.
A non-refundable tender deposit of R300,00 (three hundred rand) payable by bank-guaranteed cheque made out in favour of the Ngwathe Municipality is required on collection of the tender documents.
Tender enquiries must be addressed strictly in writing to Mr Mohale by email: mohalem@ngwathe.co.za or by Fax: 086 523 7775. Mr Mohale will divert the enquiries to the relevant department. No telephonic enquiries will be accepted.
The tender offer is valid for a period of 84 days from the closing date of the tender. The tender adjudication will be based on a 90/10 preferential points system.
The closing time for receipt of tenders is: 12:00 on 15th July 2011.
The South African Heritage Resources Agency (SAHRA) is a statutory organisation established under the National Heritage Resources Act, No. 25 of 1999 as the national body responsible for the protection of South AfricaÊ¼s cultural heritage.
SAHRA invites suitably qualified and experienced service providers to submit proposals for the upgrading of the air condition system as per technical specifications and drawings provided.
Interested bidders are required to collect the bid document at a non-refundable cost of R200 from South African Heritage Resources Agency, 111 Harrington Street, Cape Town, 8000.
Further enquiries can be made to: Mr Luyanda Mema, Supply Chain Manager, via Tel: (021) 462-4502, and or E-mail: lmema@sahra.org.
Bidders must attend the following compulsory briefing session: Date: 1 July 2011. Venue: Sahra Head Office, 111 Harrington Street, Cape Town. Time: 10h00. Evaluation of bids: The bid offers received shall be evaluated in line with compliance to the technical specification, conditions of bid, securing the minimum threshold in functionality and Preferential Procurement Policy Framework Act (90/10 system will apply) Completed and signed (in ink) bid documents must be submitted on the official bid forms (may not be re-typed) via the same address above in the bid box situated on the Foyer next to the Reception Area or the following postal address: South African Heritage Resources Agency PO Box 4637 Cape Town 8000. Closing date for bid offers and proposals: 18 July 2011 at 11:00.
TENDER REFERENCE No.
For more information, please contact the Project Manager, JC Greyling via e-mail at jgreyling@aidc.co.
Tender responses need to be returned into the AIDC tender bid box by 11h00, Friday, 15 July 2011.
Description: Appointment of service provider for a security guarding services contract for CIPC OPBDC (Offsite Paper Based Disclosure Centre) for a period of twelve (12) months.
Hard copies of tender document will be obtainable at: CIPRO SCMU, 77 Meintjies Street, Sunnyside, Block "F", The DTI Campus, Pretoria. NB: A non-refundable fee of hundred rand (R100) will be charged for this bid.
Hard copies of tender document will be obtainable at: CIPRO SCMU, 77 Meintjies Street, Sunnyside, Block "F", The DTI Campus, Pretoria.
RFB 873/2011 GovTech Event Management Services for SITA, during the month of September for a period of 3 years. (The venue for this annual event will rotate). Note: A compulsory briefing session will be held as follows: Date: 23 June 2011. Time: 09h00. Venue: SITA Auditorium, 459 Tsista Street, Erasmuskloof.
SERVICE: Bid number: Closing date: Time: New facility at Vumani Clinic, Vryheid. ZNTU 01100 W. 15/07/2011. 11:00.
Technical enquiries: CIDB Contractor Grading/Designation: Compulsory site inspection (Yes): Mr C. Louw, Tel: (034) 983-2932/082 494 5381. 6GB or higher. 28/06/2011. Time: 11:00. Venue: On site.
Times for collection of Bid Documents: 07:30 to 12:30 and 13:00 to 16:00.
Documents available and close at: KZN Department of Public Works, North Coast Region, Legislative Assembly Administrative Building (1st Floor), Zone 1, Prince Mangosuthu Street, Ulundi, 3838.
CIDB grading: 4CE or above.
Bid No.: DRPW 001B/2011.
Description of service: Douglas: Patching, repair and resealing of access road and parking areas at Douglas Hospital.
Bid No.: DRPW 001C/2011.
Bid No.: DRPW 001D/2011.
Bid No.: DRPW 001E/2011.
Non refundable deposit: R500,00. Bid documents with terms of reference are available at: Department of Roads & Public Works, 9-11 Stockroos Street, Square Hill Park, Kimberley, 8300; or 31 Le Roux Street, Provincial Building, Upington, 8800.. Contact persons: Ms T. Tshabalala, Tel: (053) 861-9656. Mr T. Mgijima, at Tel: (053) 839-2299. Closing date, time and place: 20/07/2011 at 11:00 at Department of Roads & Public Works, 9-11 Stockroos Street, Square Hill Park, Kimberley, 8300.
All forms W2, NCT8, NCT12 and NCP6.1/B should be completed and signed..
Bidders must be on the official bid/quotation form which shall be completed in all respect and all information must be supplied as stipulated in the bid documents.
Bidders must be submitted in separate sealed envelopes.
Date: 27 June 2011 (Monday).
Venue: Cost Centre Eshowe, Dept of Transport, 2 Nongaui Street, Eshowe.
Venue: Cost Centre Vryheid, Dept of Transport, Van Riebeeck Street, Vryheid.
Venue: Regional Office Ladysmith, Dept of Transport, 10 Hunter Road, Ladysmith.
Also all tenderers must be registered on the Department of Public Works Masakhe Database.
Bid Number: ZNTM 00638 W.
Technical queries: Mr R. Almond, Tel: (033) 355-5604.
SUPPLY AND DELIVERY OF TLBÊ¼S AND LDVÊ¼S Take note that the above-mentioned tender will close on the 21st of June 2011. Enquiries should be directed to Rose Mahlaule at 078 770 4620.
REF. No.
Compulsory site inspection: Yes.
Date: 29 June 2011.
Venue: On site.
Closing date: 18 July 2011.
Tender validity period: 60 days.
Documents available from: 40 Shepstone Road, Ladysmith.
HDI Male 0.
Disabled 0.
Note: Only bidders who are registered on the Provincial Suppliers Database, Construction Industry Development Board (CIDB) are eligible to submit bids.
Section 2 of Volume 1 of the Bills of Quantities to be submitted on the close of bid, bidders who fail to submit bills may be eliminated.
Bid enquiries: Ms L Dlongolo, Tel: (036) 638-2897.
Bidder: Zama Dunga Business Enterprise.
Bid number: ZNTL 00821 W.
Bidder: Siyaxhasana Construction CC.
Bidder: Abaphansi Trading 30 CC.
Bid number: ZNTL 00829 W.
Bidder: NCG Oosthuizen, t/a DHD Construction.
Bidder: Gremoni Contractors CC.
Separate envelopes must be used for each bid. Failure to do so will render the bid invalid.
SUPPLY: Aspirator-high volume pipeline suction units x 34.
Closing date 2011/06/27.
Enquiries: Mrs R. Swartbooi, Tel: (032) 437-6030.
Specification date: 2009/10/22.
Quotation number: ZNB 7/11-12.
Contact person: Mr O.N. Dludla, Tel: (032) 437-6024.
Quotation number: ZNB 9/11-12.
SUPPLY: Delivery bed x 2.
Quotation number: ZNB 10/11-12.
Submissions must be on the official bid form, which shall be completed in all respects, and all information must be supplied.
Bid documents are available from Central Supply Chain Management, Capital Towers, First Floor, 121 Chief Albert Luthuli Street, Pietermaritzburg.
SUPPLY: Intra-Aortic Balloon Pump: GreyÊ¼s Hospital.
SUPPLY: High End Diagnostic Real Time Colour Doppler Ultrasound: GreyÊ¼s Hospital.
Bid number: ZNB 7966/2011-H.
Closing date: 2011/07/12.
Mr S. Naicker, Tel: (031) 469-8323.
Bid number: ZNB 3692/2011-H.
Compulsory site inspection: 2011/06/23 at 11:00.
Bid number: ZNB 3340/2011-H.
Closing date: 2011/07/13.
Bid number: ZNB 2692/2011-H.
Bid number: ZNB 9036/2011-H.
Bid number: ZNB 6743/2010-H.
Interested service providers may collect tender documents at a non-refundable tender levy of R100,00 per document. Tender documents will be available from Election House, Riverside Office Park, 1303 Heuwel Avenue, Centurion, or any of the commissionÊ¼s nine (9) provincial offices.
IEC/SS-05/2011 Guarding services for Free State Office.
DESCRIPTION REFERENCE No.
ZNQ 65/2010/11 Infant cereal 21-04-2011 Tenandze Trading -79.
ZNQ 153/2010/11 Golf T-shirts 04-02-2011 Yimina Trading -7824.
Ntab 1 of 2011/2012 Cluster type vinyl chairs-100 units Mr K.
Street address: 172 Burger Street, Pietermaritzburg, 3201, Republic of South Africa.
W 0156 WTE Supply and delivery of ten (10) ton articula dump trucks to D: Construction October results 2010 Key Spirit Trading 218 CC R20 849 005.
W 0157 WTE Supply and delivery of six (6) 1.
SSCWC 02/2011 DRDLR Appointment of a contractor to operate the Digital Aerial Sensor System and supply digital aerial imagery to the Chief Directorate: National Geospatial Information, for a period of three (3) years Geospace International (Pty) Ltd R22945 000,00 1.
DTI 02/11-12 Appointment of a service provider to provide counselling and e-care services to employees of the Department of Trade and Industry, for a period of three years ICAS Employee & Organisation Enhancement Services R1 218 204,00 0.
NB: All contract awards are subject to no appeals being lodged within 5 working days from the date of this advertisement.
5 The Regional Manager: Public Works (Bloemfontein Regional Office), Private Bag X20605, Bloemfontein, 9301 or Room 418, Civilia Building, 14 Elizabeth Street, Bloemfontein.
Enquiries: Mr Letlhogonolo Makhafola Office hours: 08:00-16:00 foyer (adjacent to security office) main entrance, Old Main Building, Groote Schuur Hospital.
Enquiries: Mr G Craul, Tel. (021) 404-3520/gcraul@pgwc.gov.za Office hours: 07:30-13:00 and 13:30-16:00 Mr E R Roman, Tel. (021) 404-2345/eroman@pgwc.gov.za Mondays to Fridays Ms C Spammer, Tel. (021) 404-2347/cspammer@pgwc.gov.za Mr S Goliath, Tel. (021) 404-2322/sgoliath@pgwc.gov.
371 Department of Defence-Logistic Support Formation, corner of Stephanus Schoeman and Van Riebeeck Roads in Thaba Tshwane, or Department of Defence: Logistic Support Formation, Central Procurement Service Centre, Private Bag X1037, Thaba Tshwane, 0143; or deposited in the tender box next to the main entrance to Joint Support Base Garrison, corner of Stephanus Schoeman and Van Riebeeck Roads, Thaba Tshwane.
497 Freedom Park, NZASM Court, 3rd Street, Salvokop, Pretoria; or P.O. Box 2710, Pretoria. Enquiries: Mr E. F.
Enquiries: Bidding enquiries: Mr H.
<fn>GOV-ZA.26848hEn.2012-02-10.en.txt</fn>
I, Angela Thokozile Didiza, Minister of Agriculture hereby publish the Genetically Modified Organisms Amendment Bill, 2004, for comment by the general public.
To amend the Genetically ModifiedOrganismsAct,1997(ActNo.15of1997) so as to incorporate the provisions of the Cartagena Protocol on Biosafety, to make amendments and additions to the definitions and scope of the Act, to amend the activities relatingto genetically modified organisms, to amend the composition of the Committee and Council, to amend the functions of the Registrar, Committee and Council, to amend the determination of risks and liability, the confidentiality clause and procedures during an appeal.
Amendment of section 1 of Act I5 of 1997 1.
Amendment of section 2 of Act15 of 1997 2.
Amendment of section 3 of Act 15 of 1997 3.
by the substitution of subsection(1)of the following paragraph: "(1) There is hereby establishedacouncil to be knownas the Executive Council for Genetically Modified Organisms, which shall consist of not more than [eight] tenmembers appointed by the Minister."
Substitution of section 4 of Act 15 of 1997 4.
The Council shall advise the Minister on all aspects concerning all activities relating to genetically modified organisms, and to ensure that such activities are performed in accordance with the provisions of this Act.
Amendment of section 5 of Act15 of 1997 5.
after consideration of the risk assessment, risk manaaement. and, where paragraph (a) and the Dotential socio-economic imoact.
members to the Committee.
Amendment of section 9 of Act 15 of 1997 6.
Amendment of section 10of Act 15 of 1997 7.
(b) two persons shallbe from the public sector and shall have knowledgeof genetically modified organisms.
Amendment of section 11of Act 15of 1997 8.
by the substitution of subsection(1) for paragraph (b) of the following paragraph: '(b)advise, onrequestor of its own accord, the Minister, the Council, Reaistrar.
Amendment of section 17of Act 1Sof 1997 9.
by the substitution of subsection (2) of the following subsection: "(2) The liability fordamagecaused by activities relatinato [the use or release of a] genetically modified organism shall, unless otherwise indicated throuah amocessidentified in terms of Article 27 of the Protocol, be borne by theuserconcerned: Providedthatwhensuchanorganism was in the possessionofaninspector as set out in section 15 (4), the [user] DerSon concerned at the timeof such [use or release]-shall not be heldliable for any damage unless such[user] person foresaw or should have foreseen such damage and could or should have prevented the damage but failed to take reasonable actionto prevent such damage."
Amendmentof section 18of Act 15of 1997 10.
[the evaluation of foreseeable impacts, in particular any pathogenic or ecologically disruptive impacts.] a summarv of the risk assessment of the impad on the environment and human health.
Amendmentof section 19 of Act 15 of 1997 11.
(a)by the substitution ofsubsection(2) for paragraphs (a)and(b) of the following by the substitution of subsection(4) for paragraph (c) of the following paragraph: '(c)makesuchotherorder as it may deem fit in order to minimize a sianificant neaative imoacton the environment or human health.
Amendment of section 20 of Act 15 of 1997 12.
This Act shall becalled the Genetically Modified Organisms Amendment Act,2004, and shall come into operation ona date fixed by the President by proclamation in theGazette.
<fn>GOV-ZA.2684En.2012-02-10.en.txt</fn>
A non-compulsory briefing will take place on 04-07-2011 at 10h00. Prospective bidders/tenderers to meet at Public Works House, corner of Bosman and Church Streets, Pretoria, 12th Floor, Auditorium. Note: Documents will be sold at a non-refundable deposit of R100 CASH per set. Contact for bid information: Ruan Kyzer, Tel: (012) 310-5113/ 072 914 8610. General enquiries: Matshidiso Gaba, Tel No: (012) 337-3424 Bulk supply of construction materials for sites in Pretoria.
Supply and delivery of four hundred and ninenty-two (492) crime scene handling kits. Bid documents can be obtained at SAPS, Div. Comm. SCM: 117 Cresswell Road, 0127, Silverton, A-Block, First Floor, Room 5104.
Supply and delivery of forensic items, consumables and reagents to the SAPS Forensic Science Laboratory.
NB: A compulsory site meeting/inspection will be held on 4 July 2011 at 14h00, E23 GI Department, E-Floor, New Groote Schuur Hospital Complex. Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, installation, testing, demonstration (including specified training) and commissioning in good working order of one (1) ERCP Digital Radiographic/Fluoroscopic C-arm System for use in the E23 GI Department.
NB: A compulsory site meeting/inspection will be held on 12 July 2011 at 11h30, C3/4 Nuclear Medicine Department, C-Floor, New Groote Schuur Hospital Complex. Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, installation, testing, demonstration (including specified training) and commissioning in good working order of one (1) Dual Head Gamma camera (spect)/Helical multislice computer tomography scanner (CT) system for use in the C3/4 Nuclear Medicine Division and Radiology Division.
Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, testing, calibration, demonstration (including specified training) and commissioning in good working order of three (3) mobile X-ray machines for use in the Department of Radiography.
General building repairs and renovations: Albertinia Clinic: Riversdale. Designated grading: 2GB or higher. Project Leader: Mr S. Matshisi, 082 809 7388.
Construction of one (1) Grade R Classroom (brick and mortar): Liebenberg Primary School: West Coast. Designated grading: 2GB or higher. Project Leader: Mr P. van Coller, Tel: (021) 483-3448.
Construction of one (1) Grade R Classroom (brick and mortar): Klawer Primarh School: West Coast. Designated grading: 2GB or higher. Project Leader: Mr P. van Coller, Tel: (021) 483-3448.
Construction of four (4) Grade R Classrooms (brick and mortar) at two (2) sites: Metro North B: Cape Metropole. Designated grading: 3GB or higher. Project Leader: Ms J. Thomas, Tel: (021) 483-3257.
Construction of four (4) Grade R Classrooms (brick and mortar) at two (2) sites: Winelands B: Cape Winelands. Designated grading: 3GB or higher. Project Leader: Mr R. van der Merwe, Tel: (021) 483-3926.
Contract No. C 751.04 Reseal TR 23/3 between Klein Berg River (km 12,5) and Porterville (km 35,12). A compulsory site visit/clarification meeting will take place on: Tuesday, 5 July 2011, starting at 10h00, in Dutch Reformed Church Hall, 38 Voortrekker Street, Porterville. Tenderers must be registered with the Construction Industry Development Board (CIDB) in the 7 CE class of Construction Works, or higher. Non-refundable deposit: R400,00. Expiry date: 16 September 2011 Western Cape C 751.
Contract No. C 900 Reseal of Trunk Road 65 Section 1, N2 to Barrydale. A compulsory site visit/clarification meeting will take place on: Wednesday, 6 July 2011, starting at 10h00, at the Suurbraak Community Library, Local Council Offices, Main Road, Suurbraak. Tenderers must be registered with the Construction Industry Development Board (CIDB) in the 7 CE class of Construction Works, or higher. Non-refundable deposit: R400,00.
Installation of UVGI lights in Wards A; B; D & E: Brooklyn TB Hospital: Brooklyn. Designated Grading: 3EB or higher. Project Leader: T. J. Jordaan, Tel: 083 641 5045.
Cleaning contract, for a period of two (2) years at Valkenberg Hospital, consisting of 24 cleaners and 2 supervisors. Note: A non-refundable fee of R50 is payable. Cash payments must be deposited into the DepartmentÊ¼s Nedbank Account 1452 045 097, Cape Town Branch 14 52 09. The bid number must be used as reference number. A copy of the deposit slip must be provided before any hard copy or e-mailed copies are supplied to prospective bidders. Compulsory site inspection meeting: Date: 29-06-2011. Time: 11:00. Venue: Valkenberg Hospital, Admin Building. NB: Tenders obtainable from premises of Valkenberg Hospital, Observatory, 7530. Enquiries: Ms M. Froneman, Tel: (021) 440-3155. Fax: 086 621 4002. E-mail: mfronema@pgwc.gov.za; and Ms P. Solani, Tel: (021) 440-3136. Fax: (021) 447-60041. E-mail: psolani@pgwc.gov.
General cleaning of office space, for a period of two (2) years: Rensburghof: George. Compulsory clarification meeting will be held on: Monday, 4 July 2011 at 10h00 and 13h00 respectively, at Rensburghof, George. Project Leader: Stoffel Nel, 083 648 3094.
General cleaning of office space, for a period of two (2) years: Seppie Greef Building: Oudtshoorn. Compulsory clarification meeting will be held on: Tuesday, 5 July 2011 at 10h00 and 13h00 respectively, at Seppie Greef Building, Oudtshoorn. Project Leader: Stoffel Nel, 083 648 3094.
General cleaning of office space, for a period of two (2) years: 11 Leeuwen Street, Cape Town. Compulsory clarification meeting will be held on: Thursday, 7 July 2011 at 10h00 and 13h00 respectively, at 11 Leeuwen Street, Cape Town. Project Leader: Stoffel Nel, 083 648 3094.
Appointment of service provider for the rendering of standard cleaning services for the Department of Rural Development and Land Reform: Office of the Registrar of Deeds: Vryburg, for a period of twenty-four (24) months. Closing date: 20 July 2011 at 11h00. Bid documents are obtainable from the Department of Rural Development and Land Reform: Office of the Chief Registrar of Deeds, Rentmeester Building, Bosman & Pretorius Streets, Pretoria, 0001; and Office of the Registrar of Deeds: Vryburg, 26 De Kock Street, Magistrate Building, Vryburg, 8600; and on website: http://www.ruraldevelopment.gov.za NB: Compulsory briefing session and site inspection will be held on Wednesday, 6 July 2011 at 10h00, at the address mentioned above. For directions to the venue, please call (053) 927-1076. Sealed documents marked with the bid number and description must be deposited in the bid box, located in the entrance of the Department of Rural Development and Land Reform at 184 Jacob Mare Street, Old Building, Pretoria, 0001, not later than 11h00 on 20 July 2011. No late/faxed/e-mailed proposals will be accepted. NB: The Department of Rural Development and Land Reform reserves the right not to award the bid, or may award the contract as a whole to one service provider or in parts to various service providers. Bid administration enquiries: Lutendo Rashango/Khazwinake Mphephu, Tel: (012) 338-7337.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za The provision of a general ward aide service (portering) at Groote Schuur Hospital. NB: Compulsory site meeting to be held on Wednesday, 6 July 2011 at the Big Bennie de Wet Lecture Theatre in the Old Main Building, starting time 11h30 for registration, meeting to commence at 12h00. Bid with an estimated value of more than R500 000,00.
No site inspection. Note: Documents will be sold at a non-refundable deposit of R700,00 CASH per set. Contact for bid information: Ms Bongi Nyalungu/Mr Josias Raphesu, Tel. No: (012) 310-5043/(012) 310-5965. General enquiries: Project Manager: Takalani Mashamba, Tel. No: (012) 310-5047/071 363 5595 This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality: Historically Disadvantaged Individuals (HDI) Persons who had no 7 points Price: 100% (of 90) franchise in national elections before the 1983 and 1993 Constitutions Who is a female: 2 points Quality/Functionality: 0% (of 90) Persons with disability: 1 point Other: 0 points Total must equal: 10 points Total must equal: 100% (of 90) Department of Higher Education and Training: Head Office: Alternative accommodation in Pretoria for 12 000 m2 office accommodation 480 parking bays minimum with potential growth of 8 000 m2 and 320 parking bays in three years.
Bid to appoint a service provider who will conduct a research in the taxi sector, for a period of six (6) months.
No site inspection. Functionality/Quality criteria: Accessibility = 30%. Location = 50%. Building grade = 20%. The bid documents will be available from 07h45 am to 12h30 and from 13h30 until 14h45 pm. Note: Documents will be sold at a non-refundable deposit of R100 CASH per set. Contact for bid information: Miss Silindile Maphumulo/ Madibaneng Ndhlovu, Tel: (013) 753-6300.. General enquiries: Mr Cinga Yeko/Ms E. M. F. Khoza, Tel. No: (013) 753-6300 Acquisition of office space measuring 230 m2 and 5 parking bays to Public Works for usage by Public Protector in Witbank. * Requirements for technically, addressing, delivery, opening and evaluation models/criteria and conditions of tender and contract are found in the single volume document that will be sold by Department of Public Works.
C.T.: Department of Arts and Culture: Iziko Museums: SA National Gallery: Installation of additional chiller. CIDB contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 ME. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 3 ME PE. This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. The following criteria is applicable: Preference: Historically Disadvantaged Individuals (HDI) Persons who had no 6 points franchise in national elections before the 1983 and 1993 Constitutions Who is a female: 3 points Persons with disability: 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
A compulsory site inspection on 08-07-2011 at 10h00. Prospective tenderers to meet at SA National Gallery. Note: Documents will be sold at a non-refundable deposit of R100 CASH per set. Contact for bid information: Ms R. Mouton, Tel: (021) 402-2076/7. Technical information: Mr M.
No site inspection. Note: Documents will be sold at a non-refundable deposit of R300 CASH per set. Contact for bid information: Ms R. Mouton, Tel: (021) 402-2076/7. Technical information: Mr B. J. Mong, Tel: (021) 402-2033/ 082 838 8816 SimonÊ¼s Town: Naval Base: Ammunition Depot: Upgrade of security system. CIDB contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 6 EP or 6 EB* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 5 EP PE or 5 EB PE* or higher This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. The following criteria is applicable: Preference: Historically Disadvantaged Individuals (HDI) Persons who had no 6 points franchise in national elections before the 1983 and 1993 Constitutions Who is a female: 3 points Persons with disability: 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
Saldanha: SAS: Naval Base: Replacement of rusted dilapidated inner fence. CIDB contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 5 GB. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 4 GB PE. This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation.
No site inspection. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for bid information: Ms R. Mouton, Tel: (021) 402-2076/7. Technical information: Mr B. J. Mong, Tel: (021) 402-2033/ 082 838 8816 The following criteria is applicable: Preference: Historically Disadvantaged Individuals (HDI) Persons who had no 6 points franchise in national elections before the 1983 and 1993 Constitutions Who is a female: 3 points Persons with disability: 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
Call for proposals for office accommodation in the Somerset West and Paarl Areas. Project Leader: E.
Notice of proposed lease of provincial property for residential purposes, for a (12) twelve-month period "Voetstoots" at a market related rental at 72 Rissik Street, Parow Valley.
Mechanical and electrical asset management support of major plant and machinery for Central Operations. A non-refundable deposit of R200,00 (cash/bank-guaranteed cheque) is payable on obtaining of bid documents. Documents must be submitted in duplicate. Compulsory briefing session: Date: 7 July 2011. Time: 10h00. Venue: Grootdraai Dam.
A compulsory site meeting on the 12 July 2011 at 11h00 am. Prospective bidders/tenderers to meet at Mbongolwane SAPS. Note: Documents will be sold at a non-refundable deposit of R500 CASH per set. General/Technical enquiries: Mr M. T. Vilakazi, Tel. No: 072 594 9868. Contact for bid information: Ms Sibongile Masuku, Tel. No: (031) 314-7213 This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality: Historically Disadvantaged Individuals (HDI) Persons who had no 7 points Price: 100% (of 90) franchise in national elections before the 1983 and 1993 Constitutions Total must equal: 100% (of 90) Who is a female: 2 points Quality/Functionality: 0% Persons with disability: 1 point Minimum Funct Score: 0% Other: 0 points Total must equal: 10 or 20 points Mbongolwane SAPS: Complete repairs and renovations to the Station Complex including living quarters.
A compulsory site meeting on the 13 July 2011 at 11h00 am. Prospective bidders/tenderers to meet at Harding SAPS. Note: Documents will be sold at a non-refundable deposit of R500 CASH per set. General/Technical enquiries: Mr T. M. Mbambiseni Vilakazi, Tel. No: 072 594 9868. Contact for bid information: Ms Sibongile Masuku, Tel. No: (031) 314-7213 This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality: Historically Disadvantaged Individuals (HDI) Persons who had no 7 points Price: 100% (of 90) franchise in national elections before the 1983 and 1993 Constitutions Total must equal: 100% (of 90) Who is a female: 2 points Quality/Functionality: 0% Persons with disability: 1 point Minimum Funct Score: 0% Other: 0 points Total must equal: 10 or 20 points Harding SAPS: Complete repairs and renovations to the Station Complex including living quarters.
Bulge Revier SAPS: Repairs and renovation of bachelor flats. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 3 GB or 3 GB* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 11-07-2011 at 11:00. Prospective tenderers to meet at Bulge Rivier SAPS. NB: The project incorporates Expanded Public Works Programme. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Mr Chokoe MJ, Tel: (015) 293-8071. Technical information: Dibakoane TG, Cell: 071 679 8574. General enquiries: Dibakoane TG, Tel: (015) 291-6479 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 12-07-2011 at 11:00. Prospective tenderers to meet at Villa Nora SAPS. NB: The project incorporates National Youth Services (NYS). Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Mr Chokoe MJ, Tel: (015) 293-8071. Technical information: Dibakoane TG, Cell: 071 679 8574. General enquiries: Dibakoane TG, Tel: (015) 291-6479 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b)points (c)points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Villa Nora SAPS: Repairs and renovations of bachelor flats. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 GB or 4 GB* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 08-07-2011 at 11:00. Prospective tenderers to meet at Riravi SAPS. NB: The project incorporates National Youth Services (NYS). Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Mr Chokoe MJ, Tel: (015) 293-8071. Technical information: Mr Ndlovu C.A., Cell: 079 886 7887. General enquiries: Mr Ndlovu, C.A., Tel: (015) 291-6430 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b)points (c)points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Ritavi SAPS: Repairs and renovations to police station and commissionerÊ¼s house. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 5 GB or 5 GB* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 07-07-2011 at 11:00. Prospective tenderers to meet at Waterval SAPS. NB: The project incorporates Expanded Public Works Programme (EPWP). Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Mr Chokoe MJ, Tel: (015) 293-8071. Technical information: Mr Ndlovu C.A., Cell: 079 886 7887. General enquiries: Mr Ndlovu, C.A., Tel: (015) 291-6430 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b)points (c)points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Waterval SAPS: Repairs and renovations to police station. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 5 GB or 5 GB* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 05-07-2011 at 11:00. Prospective tenderers to meet at Pompagalane-Tzaneen. Note: Documents will be sold at a non-refundable deposit of R100 CASH per set. Contact for tender information: Mr Chokoe MJ, Tel: (015) 293-8071. Technical information: Mr Serepo J., Tel: (015) 291-6344. General enquiries: Mr Serepo J., Cell: 071 679 8478 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b)points (c)points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Rehabilitation Project: Refurbishment/Upgrading of Pompagalane Child Protection House. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 3 GB or 3 GB* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 15-07-2011 at 11h00. Prospective tenderers to meet at Tshamutumbu SAPS. NB: The project incorporates Expanded Public Works Programme (EPWP). Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Mr J. Chokoe, Tel: (015) 293-8071. Technical information: Mr M. N. Thema, Cell: 082 719 1966. General enquiries: Mr M. N. Thema, Tel: (015) 291-1966 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in the national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b)points (c)points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Tshamutumbu SAPS: Repairs and renovations to married quarters. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 GB or 4 GB* or higher.
The appointment of a service provider to provide environmental impact assessment in the North Eastern Cape Province, the former Transkei, for a period of a year. A compulsory briefing session will be held on: Date: 8 July 2011. Time: 10:00 to 11:00. Venue: Agriculture Place, 20 Beatrix Street, TGF 08, Arcadia. Technical contact person: Mr E. Netshivhumbe, Tel: (012) 336-6655/082 223 7056. E-mail: ElvisNe@daff.gov.za General enquiries contact person: F. Gajana, Tel: (012) 319-6983 Department of Agriculture, Forestry and Fisheries (Eastern Cape) 4.4.12.
Appointment of a bidder to provide a venue, staff and equipment for the breastfeeding consultative meeting to be held in Gauteng from 2 to 3 August 2011. NB: Please take note of the shorterned advertising period. Bid documents can be downloaded from www.doh.gov.za Bid enquiries: Mr L. Makhafola, Tel: (012) 395-8935. Makhal@health.gov.za Technical enquiries: Mr C. J. Grundling, Tel: (012) 395-8312. GrundJ@health.gov.
Reference: Bid V49/222 (2 of 2011): Updating of the Department of Human Settlements Database of suppliers/services not exceeding R500 000,00: National Department of Human Settlements hereby invites new suppliers/service providers to apply for registration on its Suppliers Database. Quotations for the supply/rendering of goods/services for procurement not exceeding R500 000,00 will be invited on a rotation basis from suppliers/service providers registered on this database. Suppliers currently registered may only contact the undermentioned officials if their company status has changed. The aim of the establishment of a database of suppliers is to incorporate as many possible with the Public Sector Procurement. All bids exceeding the amount of R500 000 per case will be advertised in the Government Tender Bulletin. Database documents will be available from: The Department of Human Settlements, Govan Mbeki House, 240 Walker Street, Sunnyside, Pretoria. Enquiries: Mr V. Mkhwanazi, Tel: (012) 421-1579/Ms M. Hitge, Tel: (012) 421-1355/Ms P. van Aarde, Tel: (012) 421-1314/ Mr M. Camagu, Tel: (012) 421-1592/Ms K. Maleka, Tel: (012) 421-1446/Ms M. Malapane, Tel: (012) 421-1586/ Ms C.
Appointment of a service provider to render cleaning services in De Bruyn Park Building, Statistics South Africa, for a period of twenty-four (24) months. NB: Please note that bid documents will be obtained at compulsory information session: Date: 7 July 2011. Time: 11:00. Venue: De Bruyn Park Building, 1st Floor, Auditorium, 170 Andries Street, Pretoria. NB: Service providers are requested to be at the Auditorium at 11h00 for the briefing session.
The KZN Department of Public Works invites bids from suitable and experienced service providers for the appointment of three professional managers for the provision of mentorship to the departmental interns.
White Female 0.
The bid document detailing the work and bid requirements will be available for collection from KZN Department of Public Works, Head Office, 191 Prince Alfred Street, Lower Ground Floor Foyer, Pietermaritzburg, 3200, during working hours 09h00 to 15h00.
Date: 6 July 2011.
No quotation documents will be handed out in the compulsory briefing.
Closing date and time: 22 July 2011.
Enquiries relating to the quotation document may be directed to: Mrs M.N. Zulu, Tel: (033) 355-5536.
Late submissions will not be accepted. Faxed or e-mailed bids are not accepted.
Suppliers Database will be eligible to submit bids.
The South African Medical Research Council (MRC), host of the above conference, invite tenders from professional conference organizers registered with professional bodies in respect of the above conference, which will be held in Cape Town from 14 to 27 January 2012. Prospective suppliers are required to submit their Conference Package offering for 50 delegates (both international and local), which include but not limited to the following: Conference venue in a quiet and safe location and within 120 km radius or 90 minute travel time by car from Cape Town International Airport; Audio-visual aids; accommodation; and catering.
It is compulsory for prospective tenderers to obtain original tender documents that will be obtainable from the 27th June 2011 to 8th July 2011 at the MRC Operations Department, Ground Floor (Room H101A), Building A, Francie van Zyl Drive, Parow Valley, Western Cape, between 09h00 and 15h00 (Monday to Friday, excluding weekends and holidays), upon payment of a non-refundable deposit of R300,00 by means of cash or Electronic Fund Transfer (EFT) only. For EFT please use your company name and the tender number as reference and bring along original proof payment documents when collecting the tender documents. All potential tenderers must attend a compulsory briefing session which will be held at the MRC, Cape Town Office in Parow on the 11th July 2011 at 09h00.
Completed bid documents, sealed and endorsed on the envelope with the tendererÊ¼s name and address, and clearly marked MRC/SRI-PCO/2011/01, must be placed in the Tender Box at the MRC, Building A, Francie van Zyl Drive, Tygerberg, before the closing time, i.e. 11h00, 22nd July 2011. One original plus five copies of the completed tender document must be submitted.
The MRCÊ¼s Procurement Policy, the Preferential Procurement Policy Framework Act No. 5 of 2000, General Conditions of Contract, Specific Conditions of Tender and other enabling legislation will be applied in the evaluation and adjudication of the submitted tenders. Submitted tenders will be evaluated on the 90/10 preference points scoring system: that is 90 points awarded with be based on functionality (40%) and price (60%); and 10 points awarded will be preference points (no franchise in national elections before the 1983 and 1993 Interim Constitutions=5, women=3, and disabled=2). Functionality will be evaluated first and a bidder who scores less than 24% for functionality will be regarded as having submitted a non-responsive bid and will not be considered for further evaluation.
monitoring of the tools and techniques.
Fax: 086 537 2595.
Mobile: 082 552 0186.
A non-refundable fee of R1 000,00 is payable per RFP document.
RFP documents for the bid will be available from 12:00 pm on 2011/06/14 at South African Post Office Limited, Supply Chain Management, cnr James Drive and Moreleta Street, Silverton, Pretoria.
Database registration forms are obtainable from the CIPC website as well as at the physical address. It is imperative that suppliers read the application carefully, complete it in full and sign it. Please note that a valid Tax Clearance Certificate must be attached. You will be informed of the outcome of your application.
DTI Campus, Sunnyside, Pretoria.
Quotations must be on the Official Quotation Form, which shall be completed in all respects, and all information must be supplied as stipulated in the quotation document.
Quotation No.: ZNQ 202/2011/12.
N.B. Documents will be available from Itshelejuba Hospital-Supplies Division.
surgical mask pkt of 6 x 35.
Closing date: 2011/06/27.
The name and address of the quoting contractor must be endorsed on the back of the envelope. All Department of Health contracts are subjected to appeals timeously lodged (if any) and letters of acceptance being issued.
Closing date: 6 July 2011.
Specification: H.T.S. No. 1/1998 (electronics).
Contact person: Lizelle Derby-Ygzue, Tel: (034) 982-2111 Ext.
(for collection of specifications).
No faxed copies of quotations will be accepted.
Quotation number: 020/2011/12.
Enquiries: Mrs MFN Kubheka.
SUPPLY: Security services (six months contract).
Closing date: 12/08/2011.
Contact details: (034) 299-9159.
Site meeting: 29/07/2011.
SUPPLY: 64 x set of 3 text books on National Core Standards for health establishments in SA, Year 2011, to be printed in colour (sample to be viewed-Office No.
Quotation number: 011/2011/12.
SUPPLY: Supply and install new vehicle mountable public address system with radio inside.
The vehicle, the speaker also should be mounted (specification attached on quotation).
2 STUDENT SUPPORT SERVICE CENTRES MAIN CAMPUS: PHUTHADITJHABA: BID No. N1/2011 BETHLEHEM CAMPUS: BETHLEHEM: BID No.
Contact: Mrs M.M. Molete/Mr C.P. van Wyk, Tel: (058) 713-6100.
Bid documents will be available from Monday, 20 June 2011 between 08:00-12:30 at the offices of Maluti FET College-Central Office, Mampoi Street, Phuthaditjhaba. A non-refundable bid deposit of R500,00 payable in cash is required on collection of the bid documents.
An information session/pre-bid meeting will be held on Friday, 1 July 2011 at Main Campus at 09:00 and 13:00 at Bethlehem Campus.
CIBD Grading: 4GB PE to 5GB PE.
GREAT PLACE, GREAT CHOICE FOR LIFELONG LEARNING!!! Maluti FET College, Central Office, Private Bag X870, Witsieshoek, 9870. Tel: (058) 713-6100/6695. Fax: (058) 713-6975. E-mail address: centraloffice@malutifet.co.
Bid number: 91/2010/11.
Enquiries: Mr BA Magudulela.
Bid number: 92/2010/11.
Contact details: (034) 299-9159/162.
38 GOVERNMENT TENDER BULLETIN, 24 JUNE 2011 3. SUPPLY: Reprint of clinical charts.
Bid number: 115/2010/11.
Closing date: 06/07/2011.
Quotations must be on the official form, which shall be completed in all respects, and all information must be supplied as stipulated in the quotation documents.
Quotation must be submitted in sealed envelopes-no faxed copies will be accepted.
An original valid tax clearance certificate must accompany the quotation.
Quotation number: ZNQ 323/11/12.
Contact person: Mpume Ntombela, Tel: (031) 905-7800.
Closing date: 27-06-2011.
SUPPLY: Supply of dry groceries for twelve (12) months.
Quotation number: ZNQ 325/11/12.
SUPPLY: Supply of frozen foods for twelve (12) months.
Quotation number: ZNQ 326/11/12.
SUPPLY: Supply of brown breads for twelve (12) months.
Quotation number: ZNQ 327/11/12.
SERVICE: Pest control for twelve (12) months.
Quotation number: ZNQ 328/11/12.
Closing date: 04-07-2011.
Bids must be on the official quotation form, which shall be completed in all respects, and all information must be supplied as stipulated on the quotation document.
Enquiries: Mr M Masuku.
Site inspection date: 30/06/2011 @ 13h30.
Bid number: ZNB 04/11/12.
Enquiries regarding the specification: Mr M Masuku.
SUPPLY: Security services for Steadville Clinic.
SUPPLY: Security services for Acaciavale Clinic.
SUPPLY: Security services for Limithill Clinic.
SUPPLY: Security services for Walton Street Clinic.
Quotation number: ZNQ 045/11/12.
Quotation number: ZNQ 047/11/12.
Closing date: 10 August 2011.
The envelope must be addressed to Bethesda Hospital, Bid Evaluation Committee, with the quotation number and the closing date written on the outside.
SUPPLY & DELIVER: 45 pairs x joined durable steel chairs (in fours).
Closing time: 11h00 am.
Contact person: Frank Mafuleka.
SUPPLY & DELIVER: 230 units x 20 L heavy duty foot operated pedal bins, stainless steel.
Closing date: 8/7/2011.
Contact number: Tel: (035) 595-1004 Ext 205/139.
SUPPLY & DELIVER: 13 units x standard adult cot bed.
4 units x standard children cot bed.
Quotation number: 131/11/12.
SUPPLY & DELIVER: 2 x units x high care beds, mobile, height adjustable.
Quotation number: 132/11/12.
SUPPLY & DELIVER: 100 units x Pastoe plastic chairs.
Quotation number: 133/11/12.
Quotation number: 134/11/12.
Quotation number: 135/11/12.
accompany the quotation, regardless of the price. SUPPLY: Nylglass stockinette 10 cm. Quotation number: ZNQ 151 of 2011/12. Closing date: 13-07-11. Closing time: 11h00. Contact person: R. Pillay, Tel: (031) 460-5332. Enquiries regarding specification: P.M. Pillay, Tel: (031) 460-5330.
Quotation number: ZNQ 152 of 2011/12.
Contact person: R. Pillay, Tel: (031) 460-5332.
SUPPLY: Nylglass stockinette 15 cm.
Quotation number: ZNQ 154 of 2011/12.
Closing date: 13-07-11.
Quotation number: ZNQ 155 of 2011/12.
Quotation number: ZNQ 156 of 2011/12.
Quotation number: ZNQ 157 of 2011/12.
Quotation number: ZNQ 158 of 2011/12.
Quotation number: ZNQ 159 of 2011/12.
Quotations must be on official quotation form, which shall be completed in all respects, and all information must be supplied as stipulated in the quotation document.
Tender No.: ZNQ 108/11.
SUPPLY: Repairs potholes in tar road from Hyslop Main Gate to Stores.
Site meeting: 27/06/11.
SUPPLY: Renovate and paint main office finance & systems passage at Townhill Hospital.
Tender No.: ZNQ 93/11.
Tender No.: ZNQ 88/11.
Site meeting: 28/06/11.
Tender No.: ZNQ 92/11.
Site meeting: 29/06/11.
Tender No.: ZNQ 94/11.
SUPPLY: Security fence at New Skip Area at Townhill Hospital.
Tender No.: ZNQ 95/11.
SUPPLY: Renovate and paint Main Gate Security Office.
Tender No.: ZNQ 91/11.
Tender No.: ZNQ 846/10.
Site meeting: 30/06/11.
Tender No.: ZNQ 89/11.
Tender No.: ZNQ 845/10.
Tender No.: ZNQ 843/10.
Tender No.: ZNQ 841/10.
Tender No.: ZNQ 840/10.
Tender No.: ZNQ 839/10.
250 mm x 200 mm, Johnson Matt White wall tiles at Pharmacy.
Tender No.: ZNQ 805/10.
Site meeting: 01/07/11.
SUPPLY: To Rehabilitate bushy areas as per specification & drawing of Townhill Hospital.
SUPPLY: Renovate and paint workshop toilets and rest rooms at Townhill Hospital.
Tender No.: ZNQ 294/11.
SUPPLY: Renovate and paint pharmacy roof and gutters at Townhill Hospital.
Tender No.: ZNQ 223/11.
Contact person: Mr Robberts, Tel: (033) 341-5591.
The National Department Social Development is in the process of reviewing its supplier database. Potential suppliers and service providers are invited to apply for registration on the database. Suppliers and service providers who previously submitted application forms must also re-apply to be listed on the supplier database.
The submission of a completed application form accompanied by relevant and valid documents as prescribed on the application form is a prerequisite. Failure to submit any one or more of the documents may result in an application form being disqualified.
Ms E Masehla, Tel: (012) 312-7450, E-mail: evelynnm@dsd.gov.
Ms R Mathonsi, Tel: (012) 312-7499, E-mail: rosinahma@dsd.gov.
Mr G Kuduntwane, Tel: (012) 312-7491, E-mail: goitsemodimok@dsd.gov.
Soft copies of the application forms can be emailed to suppliers and service providers on request or application forms can be downloaded from the DepartmentÊ¼s website at: www.dsd.gov.za/documents/forms.
Application forms may be deposited in the Tender Box of the National Department of Social Development, situated in the Foyer of the HSRC Building, 134 Pretorius Street, Pretoria, or can be posted to Private Bag X901, Pretoria, 0001, for the attention of the Supplier Database Administrator.
All prices quoted must be VAT inclusive.
All quotations exceeding R30 000,00 must complete a ZNT 30 document and attach a current, original tax clearance certificate.
Quotations must be submitted in a sealed envelope, clearly addressed to Sisonke District Health Office, KZN Health, quoting the quotation number.
No faxed quotations will be accepted.
Quantity: Small x 4 000, medium x 6 000, large x 4 000.
Iziko requires a service provider to run an innovative and brand appropriate hospitality and retail service at one of our flagship museumÊ¼s-the Iziko South African Museum and Planetarium located in the CompanyÊ¼s Gardens, 25 Queen Victoria Street, in Central Cape Town.
Closing date: 18th July 2011.
Enquiries: Mr Ian Fielding on (021) 481-3889 or ifielding@iziko.org.
Victoria Street, Cape Town, on the 30th June 2011 at 10h00.
Iziko applies the provisions of the Preferential Procurement Policy Framework Act (2000), the Public Finance Management Act and the Framework for Supply Chain Management.
Iziko requires a service provider to run an innovative and brand and retail hospitality service at the premises known s the Iziko Bertram House Café and Shop, located adjacent to the Iziko Bertram House Museum in the Michaelis, Hiddingh Hall Campus, Orange Street, Cape Town.
Certified copies of IDs of shareholders.
Enquiries: Ms Winnie Mphahlele, Tel: (012) 427-8594 Ms Siphiwe Senosi, Tel: (012) 427-8208.
The database forms are available from the Department of Communications website: http://www.doc.gov.za or via email at Winnie@doc.gov.za or Siphiwe@doc.gov.za. Completed registration forms must be hand delivered or posted to the abovementioned address.
Making South Africa a Global Leader in Harnessing ICTs for Socio-economic Development.
Contact person: Hans Mmako Office hours: 08:00-15:00 (Monday to Friday) Tel: +27 (12) 394-5332 E-mail: HMmako@cipc.co.
Bid number: ZNT 11 DEDT 11/12.
Closing date: 26/07/2011.
Compulsory briefing session venue: 270 Jabu Ndlovu Street (Loop Street), Pietermaritzburg, 2nd Floor Boardroom.
Administrative enquiries: Ms Lindiwe Maphumulo, Tel: (033) 264-2700. E-mail: maphumulol@kznded.gov.za Mr Nkosinathi Dlamini, Tel: (033) 264-2737. E-mail: dlaminink@kznded.gov.
Technical enquiries: Mr Bheki Nowele, Tel: (033) 264-2524. E-mail: noweleb@kznded.gov.
Bid documents available: The Foyer, Departmental Offices, Ground Floor, 270 Jabu Ndlovu Street (old Loop Street), Pietermaritzburg.
be permitted in the briefing session venue.
Compulsory briefing session date & time: 11/07/2011 at 10h00.
Administrative enquiries: Ms Lindiwe Maphumulo, Tel: (033) 264-2700.
E-mail: maphumulol@kznded.gov.za Mr Nkosinathi Dlamini, Tel: (033) 264-2737. E-mail: dlaminink@kznded.gov.
The Automotive Industry Development Centre (AIDC), on behalf of the Gauteng Provincial GovernmentÊ¼s Department of Economic Development, requires the services of a SETA accredited service provider for New Venture Creation Skills Programme, as more fully detailed in the AIDC Tender Document Reference No. AIDC_T05/2011.
Basic Financial Management.
Basic Business Operation Management.
the document (AIDC_T05/2011). For more information, please contact the Project Manager, L van Rooi, via E-mail at: Ivanrooi@aidc.co.za. Tender responses need to be returned into the AIDC Tender Bid box by 11h00, 22 July 2011.
Only registered PSIRA service providers will be considered.
Closing date: 22nd July 2011 at 12h00.
Proposal fee: A R2 500,00 non-refundable fee for the Proposal Call document.
Tenders are hereby invited for the supply and delivery of Liquid Polymeric Base Coagulants to the various drinking water treatment works operated by Lepelle Northern Water.
A compulsory briefing session will be held at 10h00 on Thursday, the 30th of June 2011. Prospective bidders are requested to meet the Project Manager on the said date and time at No. 15 Biccard Street, in Polokwane.
Bids are to be completed in accordance with the conditions and rules contained in the bid documents. All documents must be sealed and endorsed "LNW 02/2011: THE SUPPLY AND DELIVERY OF LIQUID POLYMERIC BLEND COAGULANTS" and shall be delivered with a sealed 100-500 ml sample of the proposed product or products to be supplied by the tenderer to the office of Lepelle Northern Water on or before 11h00 on the 22nd of July 2011. Samples are to be clearly marked to ensure identification of the tenderer and the content of the container.
Technical related enquires may be directed to: Mr Ahuiwi Netshidaulu at (015) 291-2954.
The envelope must be addressed to Central Supply Chain Management together with the bid number and closing date.
SUPPLY: Internal painting to laundry and dispatch at Cato Manor Regional Laundry.
Site inspection date: 2011/07/04.
Description: Cleaning of the exterior sandstone walls of the Gauteng Provincial Legislature.
to the meeting. Gauteng Provincial Legislature (cnr President and Loveday Streets).
No documents will be issued on the day of the meeting or thereafter.
Where indicated all tenderers must be registered on the Department of Public Works Masakhe Database.
PPG i.e.
CIDB Grading: 5GB or if a joint venture 2x4GB or 1x4GB and 2x3GB.
Technical queries: Mr S. Zulu, Tel: (033) 897-1416.
SERVICE: Appelsbosch Hospital: 20 new lockable garages.
CIDB Grading: 3GB or if a joint venture 3x2GB.
Closing date: 2011/07/21.
Venue: Tenders to meet on site.
Technical queries: Mr M. Cresswell, Tel: (033) 897-1409.
Documents for service above is available from: Department of Public Works, Southern Regional Office, 10 Prince Alfred Street Extension, Pietermaritzburg. Contact person: Ms G. Ncanana, Tel: (033) 897-1434.
Bids must be on the official bid form, which shall be completed in all respects, and all the information must be supplied as stipulated in the bid document.
Bids must be submitted in a sealed envelope.
SUPPLY: Mutton, beef and processed meats.
Closing date 2011/07/04.
SUPPLY: Frozen fish.
Bid number: ZNB 13/11-12.
Bid number: ZNB 14/11-12.
Selection approach The selection process will be based on the criteria provided in the RFP document and on a Quality Based System (QBS).
The GDID will give special recognition to the promotion of Historically Disadvantaged Individuals (HDIÊ¼s) including women and people with disabilities.
The preferred service provider may be called for special interviews in order to expand on the contents contained in their proposal.
4.3A compulsory briefing will be held on 6 July 2011 at 11h00, Lower Ground Boardroom, Corner House Building, 63 Fox Street, cnr Commissioner and Sauer Streets, Johannesburg.
4.7Kindly note that the Gauteng Department of Infrastructure Development is entitled to amend any RFP conditions, validity period, specifications, or extend the closing date of the RFP before the closing date.
4.8Preferential Point System of 90:10 will be used.
NB: THE SCOPE OF THE WORK WILL BE OUTLINED AT THE COMPULSORY SITE BRIEFING. Enquiries to be made to: Mr Simon Ratau, Tel: (011) 429-3863.
DID 10/06/2011 Erection of steel palisade fence at Cluster4 schools (Charles McBain Pri, Mid Ennerdale Pri, Olifansvlei Pri, Moses Maren Sec) Price=90 Equity=10 -HDI=3 -Woman=2 -Youth=4 -Disability=1 5GB or SQ Date: 27/06/2011 Venue: Charles McBain, 9 Daniel Street, Eldorado Park.
DID 11/06/2011 Erection of steel palisade fence at Westgold, Tiisetso, FJL Wells, L/S Ventersport, Ithuteng and Primary Schools Price=90 Equity=10 -HDI=3 -Woman=2 4GB or SQ Date: 29/06/2011 Venue: Westgold, Portion 16 Farm Bradvle, 261 IQ, Randfontein.
DID 13/06/2011 Erection of steel palisade fence at Blairgowhrie Primary School and Kanana Primary School. Price=90 Equity=10 -HDI=3 -Woman=2 -Youth=4 3GB or SQ Date: 28/06/2011 Venue: Kanana Primary School, 2357 Lerato Street, Extension 5, Midrand.
DID 15/06/2011 Erection of steel palisade fence at Khindlimukani Secondary School, Phakamani Primary School, Thembalethu Primary School, Igugu Primary School and Milnerton Primary School Price=90 Equity=10 -HDI=3 -Woman=2 -Youth=4 -Disability=1 4GB or SQ Date: 27/06/2011 Venue: Phakamani Primary School, 1 Mdingi Street, Mofolo North, Soweto.
DID 16/06/2011 Erection of steel palisade fence at Umbila Primary School Price=90 Equity=10 -HDI=3 -Woman=2 -Youth=4 2GB or SQ Date: 28/06/2011 Venue: Umbila Primary School, Schoeman Boerdery, Umbila Estates, Ermelo Road, Springs.
Cnr Commissioner and Sauer Streets, 14th Floor, Corner House, Johannesburg, 2000.
The Department is committed to empower local economy.
Telegraphic, telephonic, telex, facsimile and the late tenders will not be accepted.
HTSNO.RAD-T (radiology), revised: 11/07/2007.
Closing date: 2011/07/04.
Enquiries regarding specification: Mr M. Mngadi, Tel: (031) 907-8214.
Quotation number: ZNQ 440 of 2011/12.
Quotation number: ZNQ 441 of 2011/12.
Bid documents will be available from the 27th of June 2011 at the reception of the ARC Building, at KwaMhlanga Road, Roodeplaat, Pretoria, between 07h30 and 16h00. The cost of the tender document is R100,00 per document.
A compulsory briefing session will be held on the 19th of July 2011 at 10h00 at: ARC-PPRI Rietondale, cnr Soutpansberg Road and Tom Jenkins Drive.
All tenders must be in a sealed envelope and hand delivered and deposited into the tender box at KwaMhlanga Road, in Pretoria.
RFB 874/2011 Procurement of services for GOVTECH 2011. Note: A compulsory briefing session will be held as follows: Date: 30 June 2011. Time: 13h00.
Bid and a declaration of interest form must be submitted in sealed envelopes.
SUPPLY: Hydraulic Dental Chair (Examination/Treatment)-X2.
Bid number: ZNQ 111.
Contact person: Lindiwe Dludla, Tel: (032) 944-5054. E-mail: Lindiwe.magwaza@kznhealth.gov.
Accommodation, travel and conferences (including travel agents).
Advertising, publishing, printing and creative design services (Editorial, reproduction and photography).
Applications may be updated or new application may be submitted online at http://www.escape.foodbev.co.
A compulsory briefing session will be held on 5 July 2011 at 10.00 am at LG SETA Head Office, 4th Floor, 4/6 Skeen Boulevard, Bedfordview.
Submissions should be addressed to: The Supply Chain Officer, LGSETA, 4th Floor, 4/6 Skeen Boulevard, Bedfordview; or posted to LGSETA, PO Box 1964, Bedfordview, 2008.
Enquiries: Mrs Nombulelo Matinyane, Tel: (011) 456-8579 or E-mail: nombulelom@lgseta.co.
NB: Please bring the sample when submitting document.
Quotation number: ZNQ 98/11-12.
BID No. ITEM No.
PLK 2/2010 1 Blue Brigade 1 Apr to 30 Jun 2011: R28,00/kg 1 Jul to 30 Sept 2011: R28,00/kg 1 Oct to 31 Dec 2011: R29,50/kg 1 Jan to 31 Mar 2012: R29,50/kg N/a E HDIÊ¼s: 4.
Postal address: Private Bag X9043, Pietermaritzburg, 3200, Republic of South Africa. Tel: (27) (33) 355-8892. Fax: (27) (33) 355-8063.
SPSC/B/062/2010 F.
PROVINCIAL ADMINISTRATION: WESTERN CAPE B.
BWCED: 1736/10 Route 192 Mr E. G.
BWCED: 1725/10 Route 232 Mr I.
BWCED: 1710/10 Route 141 Mr D. F.
DPSA 002/2010 Appointment of a service provider to develop, install and maintain a customised queue management system for the Pilot Thusong Centre at Maponya Mall V & N Solutions R1 489 238,24 HDI: 5 Women: 1.
NB: All awards are subject to no appeals lodged within 5 working days.
36 Department of Health: Provincial Government of the Western Cape: Metropole Region, premises of Valkenberg Hospital, Observatory, 7530; or The Medical Superintendent: Valkenberg Hospital, Private Bag X1, Observatory, 7935; or deposited in the tender box at Admin Building, Valkenberg Hospital, Observatory, 7935. Enquiries: Ms M. Froneman/Ms P. Solani Tel. (021) 440-3155 / (021) 440-3136 Fax: 086 621 4002 E-mail: mfronema@pgwc.gov.za and psolani@pgwc.gov.
110 SA Police Service, 117 Cresswell Road, Silverton, 0127, or Private Bag X254, Pretoria, 0001; or deposited in the tender box at A-Block, First Floor, West Wing, Room 5145. Prospective tenderers must request all tenders by fax. Enquiries: Mrs J.
Please note: The Department of Labour will accept no responsibility for bids that are late due to postal services. Enquiries: Mr Nduma-Ray Oupa Mabaso Office hours: 07:30-16:00-Mondays to Fridays Tel: (012) 309-4142. Fax: 086 624 7078 Tenders delivered: 24 hours E-mail: nduma.mabaso@labour.gov.za Mr Titus Mtsweni Tel: (012) 309-4907. Fax: 086 624 7092 E-mail: titus.mtsweni@labour.gov.za Vanessa Robinson/Bellah Gelebe Tel. (012) 309-4074/4084 300 Provincial Administration Western Cape: Chief Directorate: Works, Room 701, 9 Dorp Street, Cape Town, 8001, or Private Bag X9078, Cape Town, 8000. Enquiries: Ms A.
665 National Research Foundation (NRF), NRF Offices, Meiring Naude Road, CSIR Southgate, Brummeria, Pretoria, 0001.
<fn>GOV-ZA.2685En.2012-02-10.en.txt</fn>
Annexure 3: Subscription 64 istelle.pienaar@gpw.gov.
Istelle Pienaar, Tel. (012) 334-4504.
Tender Information Centre, 240 Vermeulen Street (Ground Floor), behind ABSA Bank, next to Salzburg Restaurant (corner of Andries and Vermeulen Streets), Pretoria.
The bid document will also be available electronically. Potential bidders are encouraged to bid electronically. Please visit noons from 14:00-16:00.
electronic responses.
Supply, delivery and Commissioning of lathe machine CNC.
Cut, make and trim of tracksuits. Bid documents can be collected at the Central Procurement Service Centre. Alternatively a self-addressed and stamped envelope R17,55 (E3 Size) can be sent to this Centre. Contact person: Lieutenant Colonel C. F.
Cut, make and trim of women jackets and waistcoats. Bid documents can be collected at the Central Procurement Service Centre. Alternatively a self-addressed and stamped envelope R17,55 (E3 Size) can be sent to this Centre. Contact person: Lieutenant Colonel C. F.
Cut, make and trim of service dress caps and garrison caps. Bid documents can be collected at the Central Procurement Service Centre. Alternatively a self-addressed and stamped envelope R17,55 (E3 Size) can be sent to this Centre. Contact person: Lieutenant Colonel C. F.
The supply and delivery of concrete stone and sand to Stompdrift Dam near De Rust in the Western Cape. A non-refundable deposit of R200,00 (cash/bank-guaranteed cheque) is payable on obtaining of bid documents.
The supply and delivery of pulverized fuel ash to Stompdrift Dam near De Rust in the Western Cape. A non-refundable deposit of R200,00 (cash/bank-guaranteed cheque) is payable on obtaining of bid documents.
Supply and delivery and installation of plant and animal production equipment. Important notice: Should the following documents not be attached, the bid will be considered invalid: NB: A valid, original Tax Clearance Certificate, Cipro Certificate, Certified ID copies of main shareholder, original banking details and business profile of the company with traceable references. Contact: Mr K. D.
NB: A compulsory site meeting/inspection will be held on 4 July 2011 at 14h00, E23 GI Department, E-Floor, New Groote Schuur Hospital Complex. Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, installation, testing, demonstration (including specified training) and commissioning in good working order of one (1) ERCP Digital Radiographic/Fluoroscopic C-arm System for use in the E23 GI Department.
NB: A compulsory site meeting/inspection will be held on 12 July 2011 at 11h30, C3/4 Nuclear Medicine Department, C-Floor, New Groote Schuur Hospital Complex. Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, installation, testing, demonstration (including specified training) and commissioning in good working order of one (1) Dual Head Gamma camera (spect)/Helical multislice computer tomography scanner (CT) system for use in the C3/4 Nuclear Medicine Division and Radiology Division.
A compulsory site inspection on 13 July 2011 at 10h30. Prospective bidders/tenderers to meet at main entrance of SAPS Vosloorus. CIDB requirements-7GB or 6GB PE. Note: Documents will be sold at a non-refundable deposit of R500,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. No: (011) 713-6233/Moeketsi Mosila, Tel. No: (011) 713-6118. General enquiries: Ms Thembisile Madonsela (Project Leader), Tel. No: (011) 713-6155 National Department of Public Works invites tenders for SAPS: Vosloorus: Repairs and renovations: Contract 0002. This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality: Historically Disadvantaged Individuals (HDI) Persons who had no 3 points Price: 100% (of 90) franchise in national elections before the 1983 and 1993 Constitutions Who is a female: 1 point Quality/Functionality: 0% (of 90) Persons with disability: 1 point Other: 5 points Total must equal: 10 points Total must equal: 100% (of 90) Vosloorus JHB.
Construction of two (2) Grade R Classrooms at one (1) site (brick and mortar): Hawston Primary School: Overberg. Designated Grading: 3GB or higher. NB: A non-refundable deposit of R50,00 per set is payable. Amendment: Please note the change of CIDB Grading. Project Leader: Mr J.
Construction of four (4) Grade R Classrooms (brick and mortar) at two (2) sites (brick and mortar): Winelands A: Cape Winelands. Designated Grading: 4GB or higher. NB: A non-refundable deposit of R100,00 per set is payable. Amendment: Please note the change of CIDB Grading. Project Leader: Mr J.
Construction of four (4) Grade R Classrooms (brick and mortar) at two (2) sites: Metro South: Cape Metropole. Designated Grading: 4GB or higher. NB: A non-refundable deposit of R100,00 per set is payable. Amendment: Please note the change of CIDB Grading. Project Leader: Mr P.
Construction of four (4) Grade R Classrooms (brick and mortar) at two (2) sites: Winelands B: Cape Winelands. Designated Grading: 4GB or higher. NB: A non-refundable deposit of R100,00 per set is payable. Amendment: Please note the change of CIDB Grading. Project Leader: Mr R.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za The provision of a comprehensive cleaning service for various areas of Groote Schuur Hospital, including consumables, equipment and labour. NB: Compulsory site meeting to be held on Monday, 4 July 2011 at the Big Bennie de Wet Lecture Theatre in the Old Main Building, starting time 11h30 for registration, meeting to commence at 12h00. Bid with an estimated value of more than R500 000,00.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. The provision of a general ward aide service (portering) at Groote Schuur Hospital. NB: Compulsory site meeting to be held on Wednesday, 6 July 2011 at the Big Bennie de Wet Lecture Theatre in the Old Main Building, starting time 11h30 for registration, meeting to commence at 12h00. Bid with an estimated value of more than R500 000,00.
Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.
A compulsory site inspection on the 2011-07-15 at 10h00.
General enquiries: Capt Vd Schyff, Tel: (012) 841-7533.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A site inspection on the 20-07-2011 at 11h00. Prospective tenderers to meet at Plettenberg Bay: Police Station. Note: Documents will be sold at a non-refundable deposit of R700 CASH per set. Contact for tender information: Ms. R. Mouton, Tel: (021) 402-2076/7. Technical information: Mr J. Strauss, Tel: (021) 402-2174/ 082 904 2689. Plettenberg Bay: Upgrading of Police Station. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 7 GB or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 6 GB PE or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before the 5 points 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted 2 points enterprises (Tender and Contract Conditions PA-16.
Render of catering service at various training centres at Bredasdorp, George and Oudtshoorn. Compulsory site meetings will be held on the following dates at the following times Bredasdorp Training Centre at the Old Albert Myburgh Hostel on Golf Street, Bredasdorp at 11h00 am on 22-07-2011; Outeniqua Training Centre at Outeniqua Research Farm, 5 km from George on the Airport Road at 11h00 am on 21-07-2011 and Oudtshoorn Training Centre at Oudtshoorn Research Farm on Kammanasie Way, Oudtshoorn at 11h00 on 20-07-2011. No persons will be allowed to attend after the said times. For enquiries regarding bid documents, phone: Mr W. J. van Zyl or Mrs A. Oostendorp, Tel: (021) 808-5154/5163. For specifications phone: Ms D.
Internal painting at Hlengisizwe CHC.
Site meeting: 12 July 2011 at 11h00. Venue for site meeting: Hlengisizwe CHC. Enquiries: Razack/Njabulo Alan.
Elandsdrift Barrage: Subcontract for construction of jet grouted sand-cement gravity and gauging wier cut-off walls. Compulsory briefing session: Date: 14 July 2011. Time: 11h30. Venue: Elandsrift Barrage Dam. NB: A non-refundable deposit of R200,00 (cash/bank-guaranteed cheque) is payable on obtaining of bid documents. Documents must be submitted in duplicate. For technical information: Mr J. Bouwer, Tel: (048) 886-0898.
A compulsory site inspection on the 8 July 2011 at 11h00. Prospective bidders/tenderers to meet at Umsobomvu Local Municipality Office 23A, Church Street, Colesburg. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. Provision of mentorship on the EPWP Vuk'uphile Learnership Programme for Umsobomvu Local Municipality in the Northern Cape.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. No site inspection. Note: Documents will be sold at a non-refundable deposit of R100 CASH per set. Contact for tender information: Ms Sibongile Masuku, Tel: (031) 314-7213. General enquiries: Mr G. V. Naidoo, 083 778 5882 SANDF: KZN: 24 month term contract for emergency and urgent plumbing in group (Bluff, Salisbury Island and Jacobs). CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 3 GB or 3 CE* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 2 CE PE or 2 GB PE* or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 18-07-2011 at 11h00 am. Prospective tenderers to meet at Newcastle SAPS. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Ms Sibongile Masuku, Tel: (031) 314-7213. General enquiries: Mr Sibonelo Kubheka, 079 499 5618 SAPS: Newcastle: Repairs and renovations to six houses. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 GB or 4 GB* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 3 GB PE or 3 GB PE* or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
A compulsory site inspection on the 20-07-2011 at 11h00 am. Prospective tenderers to meet at Bhekithemba SAPS. Note: Documents will be sold at a non-refundable deposit of R500 CASH per set. Contact for tender information: Ms Sibongile Masuku, Tel: (031) 314-7213. General enquiries: Mr M. Vilakazi, 072 594 9868 The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. No site inspection. Note: Documents will be sold at a non-refundable deposit of R100 CASH per set. Contact for tender information: Ms Sibongile Masuku, Tel: (031) 314-7213. General enquiries: Mr G. V. Naidoo, 083 778 5882 SANDF: KZN: 24 month term contract for emergency and urgent plumbing in Group C (Seaview, Morning Side, Old Fort Road and Smith Street). CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 2 GB or 2 CE* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 1 GB PE or 1 CE PE* or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
Appointment of a panel of accredited catering companies to provide prepared meals and beverages for the National Department of Health, for a period of 18 months. NB: Bid documents can be downloaded from www.doh.gov.za Bid enquiries: Mr T. Prinsloo, Tel: (012) 395-8931. Technical enquiries: Ms R.
AT No.
Appointment of consultants to a panel of professional service providers, for a period of three years. The National Department of Health (NDOH) hereby invites service providers to submit bids for suitably qualified consultants to be included on the NDOH panel of professional service providers, for a period of three years. Consultants are requested to provide specialized primary and secondary technical expertise to the NDOH. Skills: Financial management; Governance and leadership, Health information and surveillance; Health research and development; Health programmes; Service delivery; Quality assurance; Revitalisation of infrastructure; Medical products and technology; Review of drug policy; Health workforce; Operational management; Monitoring and evaluation; Project management and capacity building. All bids for inclusion on the new 3 year panel will have equal opportunity and be assessed against the acceptance criteria. NB: Please note that there will be no briefing session. Bid and technical enquiries: Mr Letlhogonolo Makhafola, E-mail: Makhal@health.gov.za Important notice: Please note the closing date is extended up until 25 July 2011 due to the bid document not being ready yet. Bid documents can be downloaded from www.doh.gov.
Appointment of a professional firm to perform internal audit functions for the Public Protector South Africa, for a period of two (2) years subject to an annual (1 year) extension. Compulsory bid inforrmation meeting: N/a. Contact person: J.
Appointment of a service provider to Mount Census 2011 posters at various districts across the country.
Compulsory information session: Date: 8 July 2011. Time: 11h00. Venue: De Bruyn Park Building, 1st Floor, Auditorium, 170 Andries Street, Pretoria. NB: Service providers are requested to be at the Auditorium at 11h00 for the briefing session. No bidder will be allowed access into the premises after 11h10.
The Unemployment Insurance Fund is inviting institutions with Debt Collection and Tracing abilities, complying with all the necessary legislation, having the appropriate background, experience and expertise in these fields, to tender for the provisioning of a nationwide Debt Collection and Tracing service. A single service provider, with these attributes will be appointed by the Fund for collection of outstanding contributions from employers, overpayments from beneficiaries which are outstanding as well as tracing of untraceable debtors. Previous experience in these fields will be a prerequisite for the appointment of a service provider. This tender is expected to exceed R500 000,00 over a three year period, therefore the 90/10 Preference Point System shall be applicable. Tender documents must be obtained electronically from wilmari.kruger@labour.gov.za Please note: All prospective bidders must attend the compulsory briefing session in order to submit proposals for this tender.
Appointment of a professional service provider for the administrative support and response handling for the fast tracking of the recruitment and selection, for a period of two years. NB: Bidders are requested to submit 2 copies (1 original and 1 copy). For technical information: Ms L. van Wyk, Tel: (012) 336-7147.
Appointment of a professional service provider for the classification of water resources and the determination of the Comprehensive Reserve in the Mvoti to Umzimkulu Water Management Area. NB: Bidders are requested to submit 2 copies (1 original and 1 copy). For technical information: Ms S. Naidoo, Tel: (012) 336-6707.
Sale of ostrich chicks. For enquiries regarding bid documents, phone: Mr W. J. van Zyl or Mrs A. Oostendorp, Tel: (021) 808-5154/5163. For specifications phone: Ms Z.
SUPPLY: 01 Radiographic Mobile C-Arm Image intensifier system.
Contact person: Mrs B Malinga, Tel: (035) 901-7180/7228.
Contact person: Specification: Mrs Mthethwa, Tel: (035) 901-7232.
Description: Sentech is a state owned enterprise and is the largest broadcasting signal distributor in Africa. The main objective and business of Sentech in terms of the Electronic Communication Act No. 36 of 2005 (ECA) is to provide electronic communications services and electronic communication network services.
Suitable qualified service providers are therefore invited to submit their bids before the closing date. Bids will be adjudicated in accordance with applicable legislation. Duly completed and signed bid documents enclosed in an envelope clearly marked with the relevant tender number and description must be deposited in the tender box at the merSETA Head Office and addressed to: Supply Chain Manager hand-delivered at: Atrium Building, Ground Floor, 95-7th Avenue, corner Rustenburg Road, Melville, Johannesburg.
Closing time: 12h00.
The Terms of Reference for this bid including the professional services questionnaire, vendor application form and the SBD forms will be available on the merSETA website www.merseta.org.
No late submissions, facsimiles, electronic or telephonic bids will be accepted. The merSETA reserves the right to accept any bid in whole or part thereof and does not bind itself to accept the lowest or any bid.
Closing date: 2nd August 2011. Closing time: 12h00.
The merSETA invites service providers to submit bids for the supply of IT Hardware and Software.
SERVICE: Nquthu: Department of Agriculture Office: Repairs & renovations.
Construction period: Four (4) calendar months.
carport, gate house and visitors toilets.
Bid number: ZNTL 01621 W.
Contractor grading designation: 4GB-5GB, if joint venture 2x4GB or 1x4GB + 2x3GB.
Construction period: Six (6) calendar months.
SERVICE: Ladysmith: Injisuthi Clinic: Upgrade of sewer.
Contractor grading designation: 3GB-5GB, if joint venture 2x4GB or 1x4GB + 2x3GB.
Construction period: Three (3) calendar months.
Date: 12 July 2011.
SERVICE: Newcastle: Ladybank Clinic: Clinic maintenance.
Construction period: Nine (9) calendar months.
SERVICE: Dannhauser: Cooper Primary School: Repairs and renovations.
Contractor grading designation: 2GB-5GB, if joint venture 2x4GB or 1x4GB + 2x3GB.
Note: Only bidders who are registered on the Provincial Suppliers Database, Construction Industry Development Board (CIDB) and Masakhe are eligible to submit bids.
SERVICE: Greytown: Greytown Hospital: Completion of forensic mortuary (M1).
Contractors grading designation: 6ME or 6EB, if joint venture 2x5ME/EB or 2x5ME/EB + 2x4ME/EB.
Bid number: ZNTL 01636 W.
Contractors grading designation: 7GB, if joint venture 2x6GB or 1 x6GB + 2x5GB.
Construction period: Twelve (12) calendar months.
Closing date: 25 July 2011.
HDI Female 0.
White Females 0.
Technical enquiries: Messrs A Parthab/S Mazibuko, Tel: (036) 638-2891/2829. Fax: (036) 638-2899.
Each bid must be in a sealed envelope.
Tel: (031) 502-1719. Fax: (031) 502-1867.
Bid number: ZNQ 655/2011.
Enquiries regarding specification: Mr E. Govender, Tel: (031) 502-1719 Ext. 2098.
Bid number: ZNQ 672/2011.
Contact person: Mr D. Pillay, Tel: (031) 502-1719 Ext. 2097.
acceptances being issued.
Pongola Towns, Tel: (034) 413-2542/3/4. Fax: (034) 413-2545. Fax: (034) 413-2519.
SUPPLY: Ventilator ICU, Paediatric and Adult x 02.
HTS Specification: No. A58 (Anaesthetics), Revised: 22/10/2009.
Quotation Number: ZNQ 233/2011/12.
Closing date: 08/07/2011 @ 11h00.
Contact person: Mandla.
Contact person (specification): F.P. Mbokazi Ext 151.
SUPPLY: 1 x new novel operating table (comes with mattress, 2 x armboard with clamps).
Quotation Number: ZNQ 234/2011/12.
Contact person (specification): B.M. Ngubane Ext 174.
The name and address of the bidders must be endorsed on the back of the envelope.
SUPPLY: Cold Insitu recycling and processing on various roads.
Closing date: 28 July 2011.
Date: 15 July 2011.
Contact person for documents: Mr Sandile Nkala, Tel: (033) 355-8975.
Enquiries regarding specification: Mr Dave Bryan, Tel: (033) 355-0542.
The Established Contractor is particularly encouraged to Joint Venture with one or more emerging contractors registered with the Department of Transport as emerging contractors within the Vukuzakhe Emerging Contractor Development Programme (as per the database of the Department of Transport).
Telephone No.: (033) 355-0553 Telephone No.
Fax No.: (033) 355-8089 Fax No.
A compulsory Clarification Meeting with representatives of the Employer will take place at the P577 Kwadabeka Site Office, off Dinkleman Road, on Tuesday, 19 July 2011, starting at 10h00. No latecomers will be admitted.
The closing time for receipt of tenders is 11h00 on Wednesday, 10 August 2011. Telegraphic, telephonic, telex, facsimile, electronic, e-mailed and late tenders will not be accepted.
Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender Data.
The Province of KwaZulu-Natal, Department of Transport, invites tenders from Established Contractors, experienced in road construction, for the Construction of the KwaDabeka South Internchange Bridge and Ancillary Works on Main Road 577 at km 14,1. The duration of the project will be 14 months.
The physical address for collection of tender documents is: Department of Transport, Acquisition Section, "B" Block, 172 Burger Street, Pietermaritzburg.
A non-refundable tender deposit of R200 payable in cash or by bank-guaranteed cheque made out in favour of "Province of KwaZulu-Natal" is payable on collection of the tender documents.
A compulsory Clarification Meeting with representatives of the Employer will take place at the Training Centre of the P577 Kwadabeka Site Offices, off Dinkleman Road, on Tuesday, 12 July 2011, starting at 10h00.
The closing time for receipt of tenders is 11h00 on Tuesday, 26 July 2011. Telegraphic, telephonic, telex, facsimile, electronic, e-mailed and late tenders will not be accepted.
Apprenticeship A compulsory briefing session will be held on the 14th July 2011 at 10.00 am at LG SETA Head Office, 4th Floor, 4/6 Skeen Boulevard, Bedfordview. Please quote Ref No: LGSETA/T012/01 in all correspondence. Correspondence without a reference number will not be attended to. Bid documents may be requested by email from nombuleloj@lgseta.co.
The closing date for submissions is 29 July 2011 at 15:00.
SUPPLY: Neonatal Closed Incubator x 4.
Closing date: 19/07/2011.
Enquiries regarding specification: Mr N. Orrie, Tel: (033) 897-3483.
Quotation number: ZNQ ME 780/06/11.
Contact person: Mr N. Orrie, Tel: (033) 897-3483.
SUPPLY: Multiparameter monitors (NIBP, ECG, SP02 & Temperatures) x 7.
Quotation number: ZNQ ME 785/06/11.
Quotation number: ZNQ ME 787/06/11.
Quotation number: ZNQ 4527/06/11.
The price must be fixed for a six month period.
Quotation number: ZNQ 4528/06/11.
Quotation number: ZNQ 4529/06/11.
Quotation number: ZNQ 4530/06/11.
Enquiries regarding specification: Mr D Sathipersad, Tel: (033) 897-3486.
The GPF wishes to procure the services of a suitable contractor for a turnkey project for dry walling and partitioning of new offices on the First Floor, 82 Grayston Drive, Sandton, Johannesburg. Tenderers must be registered with the Construction Industry Development Board (CIDB) in at least category 3CE and must be experienced in dry walling, partitioning and office layout.
Submission requirements: Bid documents are available from GPF offices for collection between office hours: 08:00 to 16:00, from the 4th July to 8th July only at a non refundable deposit of R200,00 CASH. Contact person: Brian Mangcipu, Tel: (011) 290-6690. Prospective bidders are requested to attend a compulsory site inspection to be held as follows: Date: 8 July 2011. Time: 10:00-11:00. Venue: 1st Floor, 82 Grayston Drive, Sandton, Johannesburg, 2196. Failure to attend will disqualify your bid. Closing date for submission of bids is: 15 July 2011 at 11:00. Bids may only be lodged or deposited in the GPF bid box situated on the 2nd Floor, West Wing, 82 Grayston Drive, Sandton, 2196. Late, incomplete, unsigned, faxed, telegraphic or e-mailed bids will not be considered.
BID No.: PSH 03/1112.
Contact person: Mrs H.I. Roetz, Tel: (039) 688-6239.
BID No.: PSH 04/1112.
BID No.: PSH 05/1112.
BID No.: PSH 06/1112.
The National Nuclear Regulator (NNR) as the mandated authority for nuclear regulator in South Africa, in terms of National Nuclear Regulator Act, 1999 (Act 47 of 1999), to provide for the protection of persons, property and the environment against nuclear damage.
Description: Antiretroviral testing on Dried Blood Spots (DBS) specimens for the HSRC.
Ensure appropriate quality control mechanisms for specimen processing.
Ensure high quality data management for all laboratory processes.
To provide results in format as requested by HSRC.
Evaluation Criteria: (Preferential Points System: 90/10) NB: The minimum threshold for functionality will be 75%. Bidders who failed to meet the minimum threshold for functionality will not be considered for the next evaluation stages.
Technical enquiries: Dr Dorina Onoya at (012) 466-8019.
The envelope must be addressed to Malaria Control for attention Ms T. Dlamini/Ms H. Memela reflecting the bid number.
All contractors must duly complete and sign new ZNT 30 documents for Preferential Point Calculation.
Failure to comply with these requirements may result in the quotations being disregarded.
(List of parts will be attached on the tender document).
The Public Administration Leadership and Management Academy ("PALAMA" or "the Academy") is constituted as a Schedule 1 Department under the Public Service Act, 1994. The Academy is mandated to train, or to facilitate the training of all public servants in all spheres of government and to interact with public training institutions, Further Education and Training institutions and private sector training providers in the furtherance of such objectives.
PALAMA therefore has an obligation to ensure public servants are capacitated in leadership, management and administrative competencies that are central to South Africa's developmental state delivering on its mandate. PALAMA's role therefore becomes central in an effort to achieve a crucial national objective of catering a fair balanced, productive, knowledgeable, and sustainable public service that will secure and strengthen our democracy.
Palama hereby invites bids from service providers for the provision of Professional Conference Organiser/Venue Finder for the purposes of obtaining access to adequate training, conference facilities for a period of one year with the option to renew for one year subject to satisfactory performance. The bid should include the indication of capacity to organise a conference/venue.
Professional Conference Organiser/Venue Finder should be accredited with the South African Association for the Conference Industry (SAACI) as Professional Conference Organisers ("PCO"). All venues should comply with a minimum of two star grading by the Tourism Grading Council of South Africa.
Bid documents are obtainable from the reception area at the physical address mentioned below or on the PALAMA Website (www.palama.gov.za).
Hand delivered to PALAMA, ZK Matthews Building, 70 Meintje Street, Trevenna, Tshwane, and place it into the bid box on the ground floor before the closing date. E-mailed, faxed or late bids will not be accepted.
All technical enquiries may be directed in writing to A Koloko (albert.koloko@palama.gov.za) and any other enquiry related to the bid process may be directed in writing to L van der Merwe (lizeth.vandermerwe@palama.gov.za). The bid number should be quoted in all correspondence. No telephonic enquiries will be responded to.
The closing date for the submission of bids is Friday, 22 July 2011 at 11h00.
SERVICE: Newcastle: Ingogo Clinic: Construction of new clinic.
Contractor grading designation: 7GB or higher, if joint venture 2x6GB or 1x6GB + 2x5GB.
Date: 19 July 2011.
Note: Only bidders who are registered on the Provincial Suppliers Database and the Construction Industry Development Board (CIDB) are eligible to submit bids.
Section 2 of Volume 2 of the Bills of Quantities to be submitted at the close of bid, bidders who fail to submit bills may be eliminated.
Bid enquiries: Ms L Dlongolo, Tel: (036) 638-2896/7.
Technical enquiries: Mr S Mazibuko, Tel: (036) 638-2829. Fax: (036) 638-2899.
Each quotation must be submitted in sealed envelope.
Closing date: 2011/07/15.
Contact person: Z Mbatha & S Xulu.
SERVICE: Roof repairs to clinic buildings at Caluza Clinic. Please submit tax clearance certificate, ZNT 30 form and CIDB building certificate/civil.
Enquiries regarding the specification: The specification is attached to the document.
The envelope must be addressed to the Department of Health: Uthungulu Health District DC28, 2nd Lood Avenue, Empangeni Rail, 3910, or be posted to Private Bag X20034, Empangeni, 3880, together with the quotations number and closing date.
Quotation number: ZNQ 050/DC28/11-12.
Quotations must be submitted in sealed envelope.
Quotation number: ZNQ 181 of 2011.
Site meeting time: 12:00.
Contact person: B.H. Mtambo.
Bid number: ZNTD 02086.
CIDB contractor grading designation: 7GB or above and appropriate joint venture.
Smuts Highway, Mayville, 4091.
Admin enquiries: Ms N. Myeza, Tel: (031) 203-2155.
Compulsory site inspection meeting: Yes.
Date: 8 July 2011.
Venue: Bidders to meet inside the main entrance at Inanda C Community Health Clinic.
SERVICE: KwaZulu-Natal: Pinetown: Nazareth Primary School: Upgrades and additions.
Bid number: ZNTD 01713 W.
Closing date: 5 August 2011.
Venue: Bidders to meet inside the main entrance at Nazareth Primary School.
ZNTD 2734 W. 5 August 2011.
07h30 to 12h30 and 13h00 to 15h30.
Mr B. Pillay, Tel: (031) 203-2355.
HDI Female 5 0.
CapeNature seeks the services of a suitably qualified design professional to manage the specification, purchase and installation of furniture, appliances and related décor items at their new Oudebosch Cabin Redevelopment at Kogelberg Nature Reserve.
Experience-previous projects of a similar nature including lessons learnt.
Compulsory briefing session: Date: 14th July 2011.
Venue: CapeNature Head Office, PGWC Shared Services Centre, cnr Bosduif and Volstruis Streets, Bridgetown.
Invitation to contractors to apply for registration to be on the Gauteng Department of Infrastructure Development Roster System for the implementation of maintenance related work at institutions as well as social services to be performed within the Department.
Request for information to be completed in full with all the required documentation as listed below to be attached.
Company Safety Policy-applicable to infrastructure related professional services.
Environment Policy-applicable to infrastructure related professional services.
Copy of GDF vendor number.
Mrs M.E. Adonis/Mr P. van Aardt, Tel. (021) 860-1200.
Cape Winelands Education District, Durban Street, Worcester.
Overberg Education District, 15 College Street, Caledon.
Routes: T086; T458; T445.
Eden/Central Karoo Education District, Rensburg Court, 42 Courtney Street, George.
Mr B. Buys/P. Volkwyn, Tel: (044) 803-8300.
Bid description: TIMSS 2011 Data Collection.
The data collection involves administering achievement tests for learners, contextual survey questionnaires for learners, their mathematics and science teachers and school principals, and the related administration forms in 298 schools.
Just more than 40 learners comprise a pre-sampled intact class per school. The schools are from all nine provinces and were selected through random sampling after multi-state stratification.
Data collection is preceded by HSRC training on the specific administration manual and procedures that have to be adhered to.
The data collection is scheduled to take place from 15 August to 2 September 2011.
The appointed service provider should provide evidence of its competency and capacity to deliver on the assignment.
Technical enquiries: Dr Cas Prinsloo, Tel: (012) 302-2307.
SUPPLY: 2 x UMDNS: 12575 Monitor Apnoea.
Closing date: 2011/07/05.
SUPPLY: 2 x UMDNS: 12636 Multiparameter patient monitor.
Contact person: Ms N.Z. Buthelezi, Tel: (033) 493-0004.
SUPPLY: 1 x UMDNS: Warming unit infant (Infant Type).
Quotation number: ZNQ 170/11-12.
Quotation number: ZNQ 183/11-12.
Specification: H.T.S. No. A34A (anaesthetics).
Quotation number: ZNQ 184/11-12.
Specification: H.T.S. No. 1/1999 (electronics).
Quotation number: ZNQ 185/11-12.
Specification: H.T.S. No. 3/1998 (electronics).
Quotation number: ZNQ 186/11-12.
SUPPLY: 1 x Neuro-Audio-Screen (Teoae, Dpoae, Abr Combo).
Quotation number: ZNQ 187/11-12.
SUPPLY: 2 x Examination Couches (bed).
Application forms for registration are obtainable from the Senior Supply Chain Officer, Mr Jonathan Mance, or the Supply Chain Administrator, Ms Constance Matsapola, at the CETA Head Office: 1st Floor, Unit No. 5, Midrand Business Park, 563 Old Pretoria Main Road, Halfway House, Midrand, 1685. Application forms may also be downloaded from the CETA website on www.ceta.org.za (click on download icon then click supplier application form), or are available via e-mail at JonathanM@ceta.co.za or ConstanceM@ceta.co.
CK/CM documentation (e.g. CK1/CM1; details of directors and shareholders etc.
Fridays 08:00 am to 16:30 pm. No payment is required for registration on the database. Closing date: 15 July 2011.
The service provider/s will be required to render the services of shopfitting of the following offices: 31, 33, 35, 37 Citrus Crescent.
Compulsory briefing session: Date: 6 July 2011.
Further details please contact: Mr Aser Makgate, Tel: (012) 422-6821. Fax: (012) 422-4317. E-mail: TenderOffice@sars.gov.za Tender enquiries: Tender documents may be downloaded from the SARS website: www.sars.co/za/tenders and the CD with drawings will be distributed at the compulsory site briefing. Kindly confirm your attendance via email or fax.
All awarded tenders will be published on the SARS website.
A fee of R50,00 per document will be charged. Bidders are advised that the fee of R50,00 must be paid to the cashier's office, Natalia Building, 330 Langalibalele Street, Pietermaritzburg (formerly Longmarket Street). The Bid document once paid for can be collected at Supply Chain Management.
1 x 16 slice computerised Tomography CT scanner system: Ladysmith Hospital.
2011/07/12 at 11:00.
Mr R Nadasen, Tel: (031) 461-8403.
1 x 16 slice computerised Tomography CT scanner: Port Shepstone Hospital.
2 x anaesthesia-workstation-complete: Newcastle Hospital.
SUPPLY: Tablet counting machine automated.
Closing date: 22/07/2011.
Contact person regarding specification: Mr S Makhanya and Mrs J Jantjes.
SUPPLY: Bed cot adult complete with mattress.
Enquiries: Mr S Makhanya and Mrs J Jantjes.
HTS Specification No. 29/1999 (electronics) UMDNS: 12586.
Quotation number: ZNQ 182/11/12.
SUPPLY: Defibrilator x 1.
HTS Specification No. E66 (electronics) UMDNS: 11129.
SUPPLY: Ventilator ICU, Neonatal, Paediatric and Adult x 1.
HTS Specification No. A16 (anaesthetics) UMDNS: 17429.
SUPPLY: Electro Surgical Unit-Medium Power x 02.
HTS Specification No. 12/2000 (electronics) UMDNS: 11490.
SUPPLY: Supply and install steel shelving in main stores.
Quotation number: ZNQ 205/11/12.
Bid Number: ZNTM 00640 W.
Venue: Tenderers are to meet at the Village Mall Parking Lot at 10h00 to proceed to site.
about 550 metres to Underberg Village Mall, on your right hand side.
Pietermaritzburg-right turn from R617 Road and follow the above directions.
Technical queries: Ms P. Tshuta, Tel: (039) 727-5778.
Contact person: Ms S. Sodlanga, Tel: (039) 727-5778.
N95 particulate filter respirator and surgical mask, pkt of 6 x 35 (sample needed).
Closing date: 2011/07/11.
of 50 (sample needed).
1 500 pockets of plastic bag, virgin clear, 90 lt, 760 x 910 mm, LD, no recycle, no HD, 50 micron, pocket of 50 (six month contract) (sample needed).
1 500 pocket of virgin plastic clear 350 x 400 mm, 40 micron pocket of 250.
HD, must be L.D., no recycle (six month contract) (sample needed).
Venue: Mechanical Workshop.
Time: 09:00 am. Contact person: Mr S. Ngubane, Tel: (031) 907-8365. Enquiries regarding specification: Mr S. Sha, Tel: (031) 907-8448.
SUPPLY: Road marking and parking around the Hospital.
ZNQ No.
WCDOH 244/11 K Supply, delivery, installation, demonstration and commissioning of two general bucky rooms with ceiling suspension for use in the X-ray Department of Khayelitsha District Hospital Energy X-Ray Trading Company (Pty) Ltd R1 084 373,82 Black equity: 1.88 Black Women Equity: 0.
DTI 01/11-12 Appointment of a service provider to assist the Department of Trade and Industry (the dti) with: (a) The review of the Broad Based Black Economic Empowerment (BBBEE) Act with the view of possible amendments. (b) The review and updating of the codes of good practice. (c) Investigating and recommending legal instruments for the regulation of the BBBEE Verification System Identity Capital Partners R1 760 270,00 7.
NB: All contract awarded are subject to no appeals lodged within 5 working days from date of this advertisement.
SSC WC 01/2011 DRDLR The appointment of a service provider to facilitate a detailed feasibility study culminating into a land use plan in respect of Sandkraal Farm No. 197, Thembalethu, George Umhlaba Development Consultants R917 451,20 4.
1 National Treasury: Contract Management: For collection of bid documents: The Chief Director: Contract Management, Tender Information Centre, 240 Vermeulen Street, (Ground Floor), behind ABSA Bank (corner Andries and Vermeulen Streets), Pretoria. Enquiries: Tel.: (012) 315-5858 or 315-5732; Fax: (012) 315-5734. Closing address of bids: The Chief Director: Contract Management, Tender Information Centre, 240 Vermeulen Street (Ground Floor), behind ABSA Bank (corner Andries and Vermeulen Streets), Pretoria. Postal address: Private Bag X115, Pretoria, 0001. Office hours: 07:30-16:00 (Monday to Friday). Tender box accessible 24 hours.
Enquiries: Miss Mouton, E-mail: riana.mouton@dpw.gov.za Office hours: 07:30-12:45 and 13:30-15:30 Ms Hombakazi Dzingwe, E-mail: hombakazidzingwe@dpw.gov.za Mondays to Fridays Tel.
32 The Head: Sport and Recreation South Africa, No. 66 Regent Place Building, cnr Queen & Vermeulen Streets, Pretoria, 0001 or Private Bag X896, Pretoria, 0001; or deposited in the tender box at the entrance, Regent Place Building, cnr Queen & Vermeulen Streets, Pretoria, 0001. Enquiries: Phindile Makhanya Tel: (012) 304-5240, Fax: 086 644 9725 E-mail: phindile@srsa.gov.
229 The Area Commissioner: Correctional Services: Pretoria, 3 Shangani Street, Skanskop, or Private Bag X45, Pretoria, 0001; or handed in at Correctional Services, Supply Chain (Logistics), Pretoria.
407 Department of Public Works (Durban), Room 5, West (Dr Pixley Ka Seme) Street, Government Offices, corner of Aliwal (Samora Machel) and West (Dr Pixley Ka Seme) Streets, Durban, or Private Bag X54315, Durban, 4000; or deposited in the tender box, West (Dr Pixley Ka Seme) Street, Government Offices, corner of Aliwal (Samora Machel) and West (Dr Pixley Ka Seme) Streets, Durban.
Tender enquiries: Mr W. Williams Office hours: 07:30-12:30 and 13:00-16:00 Tel: (021) 483-9444 (o), Fax: (021) 483-3010 Mondays to Fridays Specification enquiries: Ms O. Dyers/Ms F.
517 South African National Biodiversity Institute, 2 Cussonia Avenue, Brummeria, Pretoria, 0001; or posted to Private Bag X101, Pretoria, 0001 (marked for the attention of: Manager: Supply Chain Management); or post or deliver to tender box Reception Area, 2 Cussonia Avenue, Brummeria, Pretoria (working hours). www.sanbi.
586 Unemployment Insurance Fund (UIF), 94 Church Street, Pretoria; UIF, P.O. Box 1851, Pretoria, 0001; or deposited in the tender box at the Reception, Main Entrance, UIF Building, 94 Church Street. Enquiries: W. E.
751 Statistics South Africa, 170 Andries Street, De Bruyn Park Building, Pretoria; Private Bag X44, Pretoria, 0001; or deposited in the tender box at Statistics South Africa, 170 Andries Street, De Bruyn Park Building, Pretoria.
<fn>GOV-ZA.2686En.2012-02-10.en.txt</fn>
Supply and delivery of cane loader and 5 000 litre fire trailer for Sikhuthele Land Trust Project situated under Ugu District Municipality: KwaZulu-Natal. NB: PPPFA Principle Applicable: 90-10 For more information, contact: Mr Sthe.
Site meeting date: 13-07-2011. Time: 10h00-11h00. Bid forms obtainable: On site. Bid documents to be delivered to 42A Schoeman Street, Polokwane.
Supply and delivery of musical instruments. Contact person: Sergeant H. Venter, Tel: (012) 674-6366. Bid documents can be collected at the Central Procurement Service Centre.
Supply and delivery of one (1) motor grader 11 000- 13 600 kg-According to Specification G.13/2/1. Note: Bid documents can be requested from: Mrs Lusinda Arendse, Tel: (021) 483-4895. Cost of documents is R30,00. Attention: Mr Rodney Oliver, Tel: (021) 959-7700 Provincial Roads Work Shop, Modderdam Road, Kasselsvlei, Bellville South.
Supply and delivery of 2-vehicle tyres and tubes. Contact person: Lieutenant Colonel U. L. Victor, Tel: (012) 355-1157. Bid documents can be collected at the Central Procurement Service Centre.
Supply and delivery of two (2) roller: Vibrating steel/ PN: 9 251-10 000 kg-According to Specification R.25. Note: Bid documents can be requested from: Mrs Lusinda Arendse, Tel: (021) 483-4895. Cost of documents is R30,00. Attention: Mr Rodney Oliver, Tel: (021) 959-7700 Provincial Roads Work Shop, Modderdam Road, Kasselsvlei, Bellville South.
The supply and delivery of five (5) heavy duty 3 axle (6 x 4) diesel engine trucks with drop side flat bodies and 15 ton/m hydraulic truck mounted crane to construction. NB: A non-refundable deposit of R200 is payable on obtaining of bid documents. The cashiers office is open till 14:30 for deposit payments. For technical information: Mr John Baker, Tel: (012) 336-8445.
NB: A compulsory information session will be held for all prospective service providers on 19 July 2011 at 11:00 in Conference Room 4 on the 2nd Floor, Grand Central Towers, Cape Town Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 2 points the 1983 and 1993 Constitutions (b) Who is a female: 1 point (c) Persons with disability: 1 point 2.
Supply and installation of printing press system at Naval Publications Unit, Naval Base Simonstown. A compulsory site meeting/briefing session will be held at Naval Publications Unit, St Georges Street (main road), Simonstown, in the Conference Room on 19 July 2011 at 11h00, followed by onsite meeting. Bid documents will be handed out only at the site meeting, it is compulsory to attend briefing session and onsite meeting. Bidders are to ensure they are inside the venue at 10h45 for registration. Doors will be closed at 11h00. No late comers will be accommodated.
Supply, delivery, testing, calibration, demonstration (including specified training) and commissioning in good working order of three (3) mobile X-ray machines for use in the Department of Radiography.
NB: A compulsory site meeting/inspection will be held on 12 July 2011 at 11h30, C3/4 Nuclear Medicine Department, C-Floor, New Groote Schuur Hospital Complex. Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Supply, delivery, installation, testing, demonstration (including specified training) and commissioning in good working order of one (1) Dual Head Gamma camera (spect)/Helical multislice computer tomography scanner (CT) system for use in the C3/4 Nuclear Medicine Division and Radiology Division.
Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, testing, calibration, demonstration (including specified training) and commissioning of one (1) surgical imaging table for use in the Vascular Theatre. Bid with an estimated value of more than R500 000,00.
Rendering of medical waste services. Enquiries: Ms Y. Ngwenya/Ms T. Mbangeni, Tel: (011) 386-6138/885-5352.
Supply of furniture. Enquiries: Ms Y. Ngwenya/Ms T. Mbangeni, Tel: (011) 386-6138/6250.
Supply, delivery, installation, demonstration and commissioning of physiological monitors for use at Khayelitsha Hospital. Note: A non-refundable fee of R50,00 is payable. Payments (cash only) must be deposited into the Department of Health's Nedbank Account No. 1452 045 097 (Cape Town Branch, Code 14 52 09). Deposit slips must indicate the bidder's name and the bid number and it must be handed over to the above Department, upon collection of the bid documents. Enquiries: Mr X. Vabaza, Tel. No: (021) 483-8718. Facsimile: (021) 483-2530 or E-mail: xvabaza@pgwc.gov.
Two-year contract for the supply of wet rations. Quantity: 2 years. There will be a compulsory bidders information meeting at the Ubique Hall of Army Support Base Kroonstad on 19 July 2011 at 11:00 am. No latecomers will be entertained and failure to attend on time will invalidate your bid. Bid documents can be collected at the Central Procurement Service Centre. Alternatively a self-addressed and stamped envelope R17,55 (E3 Size) can be sent to this Centre. Enquiries can be directed to: Sergeant P. M. Khumalo, Tel: (012) 684-2186. Enquiries of technical nature to: Major J. H.
A compulsory site inspection on the 12-07-2011 at 14h00. Prospective bidders/tenderers to meet at Mthatha Police College entrance gate. Note: Documents will be sold at a non-refundable deposit of R500,00 CASH per set. General/Technical enquiries: Project Leader: Mr L. Sogwedla, Tel. No: (047) 502-7000/079 516 9049. Contact for bid information: A. Ndamase/Mqwebedu, Tel. No: (047) 502-7076/60 Mthatha Police College: Complete repairs and renovations. CIDB grading: 7GB. This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality: Historically Disadvantaged Individuals (HDI) Persons who had no 5 points Price: 100% (of 90) franchise in national elections before the 1983 and 1993 Constitutions Total must equal: 100% (of 90) Who is a female: 2 points Quality/Functionality: 0% Persons with disability: 1 point Minimum Funct.
Supply and assemble 2 x 12 x 4 mobile insulated containers. Compulsory site meeting: Date: 12 July 2011. Time: 09:00. Venue: NHLS Corporate Head Office, 1 Modderfontein Road, Sandringham. Enquiries: Ms I. Strydom/Ms T. Tomotomo, Tel: (011) 386-6165/(011) 885-5352. Technical queries: Mr C.
A compulsory site inspection on 13 July 2011 at 11h00. Prospective bidders/tenderers to meet at the main entrance of SAPS Rosebank. CIDB requirements: 3GB or 2GB PE. Note: Documents will be sold at a non-refundable deposit of R100,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. No: (011) 713-6233/Moeketsi Mosila, Tel. No: (011) 713-6118. General enquiries: Mr Luthando Taleni (Project Manager), Tel. No: (011) 713-6070/082 957 3852 National Department of Public Works invites tenders for South African Police Services: Rosebank, Johannesburg: Supply and install security grids-drop of zone for passengers. This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality Historically Disadvantaged Individuals (HDI) Persons who had no 2 points Price: 100% (of 90) franchise in the national elections before the 1983 and 1993 Constitutions Who is a female: 1 points Quality/Functionality: 0% (of 90) Persons with disability: 1 point Other: 6 points Total must equal: 10 points Total must equal: 100% (of 90) Johannesburg JHB.
Cleaning and routine road maintenance at Dasklip Pass (Divisional Road 2242), Versfelt Pass (Divisional Road 2161, Divisional Road 2163, Divisional Road 2166), Middelberg Pass (Main Road 310/2) and Paleisheuwel Pass (Divisional Road 2175). NB: A compulsory tenderers meeting will be held on Wednesday, 20 July 2011 at the office of the Regional Manager (District Roads Engineer), Bon Chretien Street, Oosterlig, Ceres. Registration for this meeting will take place between 09:30 and 10:00. The meeting will commence at 10:00. No late arrivals will be accommodated. Tender documents at R30,00 per set will be available at the tenderers meeting only. This amount will not be refunded. Tenderers must be registered with the Construction Industry Development Board (CIDB) in the 4CE or Higher Category. Contractors registered in the 3CEPE category may also be considered.
Contract No. C 899 Reseal of various road sections in the Central Karoo near Beaufort West and Nelspoort. A compulsory site visit/clarification meeting will take place on: Tuesday, 19 July 2011 at 11h00 punctual at the Rustdene Multipurpose Hall, De Vries Street, Beaufort West. Tenderers must be registered with the Construction Industry Development Board (CIDB) in the 7 CE class of Construction Works, or higher. Non-refundable deposit: R400,00.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital The provision of a comprehensive cleaning service for various areas of Groote Schuur Hospital, including consumables, equipment and labour. NB: Compulsory site meeting to be held on Monday, 4 July 2011 at the Big Bennie de Wet Lecture Theatre in the Old Main Building, starting time 11h30 for registration, meeting to commence at 12h00. Bid with an estimated value of more than R500 000,00.
Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.
Render a private security service. NB: A compulsory site meeting will be held on: 25 July 2011 at 11h00 am in the Conference Room at Reception, Elsenburg Main Building. No persons will be allowed to attend after 11h00 am. For enquiries regarding bid documents, phone: Mr W. J. van Zyl or Mrs A. Oostendorp, Tel: (021) 808-5154/ 5163. For specifications, phone: Mr D.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettienne Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za The provision of a general ward aide service (portering) at Groote Schuur Hospital. NB: Compulsory site meeting to be held on Wednesday, 6 July 2011 at the Big Bennie de Wet Lecture Theatre in the Old Main Building, starting time 11h30 for registration, meeting to commence at 12h00. Bid with an estimated value of more than R500 000,00.
A compulsory site inspection on the 2011-07-26 at 10h00. Prospective bidders/tenderers to meet at SAPS, No. 3 Fleet Street, East London. Contact for bid/tender information: Ms J. Kola, Tel: (012) 841-7551. General enquiries: Lt. Col. Roos, Tel: (012) 841-7390. Technical information: Colonel Botha, Tel: (012) 349-6054 90/10 point scoring system Price: 90 points Preference: Historically Disadvantaged Individuals (HDI) Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions Who is a female: 2 points Persons with disability: 1 point Other: 0 points Total must equal: 100 points 24 month service contract for generator plants and interrelated electrical reticulation: Eastern Cape Province. CIDB Contractor grading designation required: Grade 5 (R4 mil to R6,5 million) (EB) Electrical Engineering (Buildings) and higher or for potentially emerging enterprises.
A compulsory site inspection on the 2011-07-28 at 10h00. Prospective bidders/tenderers to meet at SAPS Provincial Supply Chain Management Potchefstroom, 123 Peter Mokaba Street, Die Meent Gebou, 2nd Floor, Potchefstroom, Lt-Col. Matibe, Tel: (018) 299-7145. Contact for bid/tender information: Ms J. Kola, Tel: (012) 841-7551. General enquiries: Lt. Col. Roos, Tel: (012) 841-7390. Technical information: Colonel Botha, Tel: (012) 349-6054 24 month service contract for generator plants and interrelated electrical reticulation: North West Province. CIDB Contractor grading designation required: Grade 3 (R650 000 to R2 million) (EB) Electrical Engineering (Buildings) and higher or for potentially emerging enterprises.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 19-07-2011 at 11h00. Prospective tenderers to meet at DHA: BVR Building, PTA Central, cnr. Jacob Mare and Bosman Street. Note: Documents will be sold at a non-refundable deposit of R500 CASH per set. Contact for tender information: Letlhogonolo Mokono, Tel: (012) 310-5209. General enquiries: Project Manager: T. Mafabatho, Tel: 072 782 6264 Department of Home Affairs: BVR Building: Power Distribution and other related works. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 6 EP or 6 EP* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 5 EP PE or 5 EP PE* or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted 0 points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. No site inspection. Note: Documents will be sold at a non-refundable deposit of R100 CASH per set. Contact for tender information: Ms G. Aysen, Tel: (053) 838-5221. General enquiries: Mr L. Mothlala, Tel: (053) 838-5242 The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 5 points the 1983 and 1993 Constitutions (b) Who is a female 3 points (c) Persons with disability 2 points 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
Rendering of printing and postal services. Compulsory site meeting: Date: 12 July 2011. Time: 09:00. Venue: NHLS Corporate Head Office, 1 Modderfontein Road, Sandringham. Enquiries: Ms I. Strydom/Ms T. Tomotomo. Technical queries: Mrs S.
Upgrading of water supply, installation of water softener and replacement of storage tank; Beaufort West Hospital: Beaufort West. Designated Grading: 2ME/2SO or higher. Project Leader: Mr W. J. de Villiers, 082 677 6769.
Replace boundary fence; Parkfields Primary School: Hanover Park. Designated Grading: 2SQ or higher. Project Leader: Mr S. Bassier, 083 641 5020.
Replace boundary fence; Athlone North Primary School: Bridgetown. Designated Grading: 2SQ or higher. Project Leader: Mr S. Bassier, 083 641 5020.
Replacement of fencing; Ezelfontein, Nduli Primary and Wolseley Senior Secondary School: Ceres. Designated Grading: 2SQ or higher. Project Leader: Mr A Small, 082 808 1036.
Replace boundary fence; Vaardigheidskool: Agulhas. Designated Grading: 2SQ or higher. Project Leader: Mr C. Carstens, 083 641 5168.
Replace boundary fence; Swellendam Laerskool: Swellendam. Designated Grading: 2SQ or higher. Project Leader: Mr C. Carstens, 083 641 5168.
Replace boundary fence; Rhodes Senior Secondary School: Mowbray. Designated Grading: 2SQ or higher. Project Leader: Mr T. Sidimba, Tel: (021) 483-3423.
Fencing repairs; Worcester Primary School: Worcester. Designated Grading: 2SQ or higher. Project Leader: Mr R. Hartnell, 074 885 3145.
Amendment: Request for quotes for intermediary on medical aid are invited from suitability experienced and independent medical aid brokers for the provision of intermediary services to select a suitable medical aid scheme for the CCMA and to acquire comprehensive medical aid cover and associated services for the employees of the CCMA. The envisaged schemes are to offer appropriate medical aid cover (entry level, midrange and high-end) to all CCMA employees. Compulsory briefing session: 12 July 2011 at 09h30-10h30 sharp at 28 Harrison Street, 10th Floor, Johannesburg.
RFP document are obtainable at a cost of R100,00 not refundable at Imbumba House, 75 Fox Street, Marshalltown, Ground Floor, Tender Issue Desk or online at www.finance.gpg.gov.za Go to Economic Opportunities 'Tenders Highly recommended briefing session: Date: 15 July 2011. Time: 10h00. Venue: Department of Finance, 75 Fox and Sauer Street, Imbumba House Auditorium, Johannesburg. Technical enquiries: Justce Lekholo, Tel: (011) 316-1600. Administrative enquiries: Victor Binda, Tel: (011) 689-8963 or vusi.binda@gauteng.gov.za Jaco Smit, Tel: (011) 689-6058 or Jacob.smit@gauteng.gov.za Bidders are hereby invited to submit proposals for: GT/GDARD/057/2011: Supply and delivery of fifty two water tight marine steel ribbed containers in Gauteng. GT/GDARD/058/2011: Supply and erection of fencing and gates for forty-eight household food security community projects I identified areas in Gauteng. GT/GDARD/059/2011: Drilling of boreholes and design, supply, installation of irrigation and electricity equipment for fifty one projects in Gauteng.
RFP document are obtainable at a cost of R100,00 not refundable at Imbumba House, 75 Fox Street, Marshalltown, Ground Floor, Tender Issue Desk or online at www.finance.gpg.gov.za Go to Economic Opportunities 'Tenders Briefing session is not compulsory but highly recommended: Date: 22 July 2011. Time: 10h00. Venue: 75 Fox Street, Gauteng Department of Finance, Auditorium, Ground Floor. Technical enquiries: Mr Piet Nortje, Deputy Director: Works Inspection, Tel: (011) 355-0012. Fax: (011) 355-0148. Administrative enquiries: James Makwala, Tel: (011) 689-6970. Jaco Smit, Tel: (011) 689-6058 or Tender. Admin@gauteng.gov.za Bidders are hereby invited to submit proposals for: emptying of septic tanks to various schools in Gauteng Province.
RFP document are obtainable at a cost of R100,00 not refundable at Imbumba House, 75 Fox Street, Marshalltown, Ground Floor, Tender Issue Desk or online at www.finance.gpg.gov.za Go to Economic Opportunities 'Tenders Briefing session is not compulsory but highly recommended: Date: 22 July 2011. Time: 10h00. Venue: 75 Fox Street, Gauteng Department of Finance, Auditorium, Ground Floor. Technical enquiries: Mr Piet Nortje, Deputy Director: Works Inspection, Tel: (011) 355-0012. Fax: (011) 355-0148. Administrative enquiries: Degracius Maluleke Tel: (011) 689-8997. Jaco Smit, Tel: (011) 689-6058 or Tender. Admin@gauteng.gov.
Kwamsane: Repairs and renovations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 6 GB or 6 GB* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 5 GB PE or 5 GB PE* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. No site inspection. Note: Documents will be sold at a non-refundable deposit of R500,00 CASH per set. Contact for tender information: Kgomotso Mogatusi, Tel: 082 529 3301. General enquiries: Koort van Aardt, 082 098 6006 Free State Electrical Repairs to State owned buildings: Electrical Compliance: Phase 2. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 7 EB or 7 EB* or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b) points (c) points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: % Total must equal: 100% Bloemfontein BL11/005 2011-08-10 5 5 services of electronic security systems, for a period of two (2) Public Service 2011 years.
Appointment of service providers to provide ABET Training, for Department: DIRCO 01 2011-08-05 715 715 a period of two (2) years.
Appointment of service providers to provide ICT maintenance Department: DIRCO 03 2011-08-05 715 715 and support at the Pan African Parliament.
African Parliament.
Bids can also be downloaded from the following website: http://www.ruraldevelopment.gov.za Appointment of service provider to assist the Department of Rural Development and Land Reform with Data Management and refining of existing business process associated with the Land Administration Web (Law), for a period of 24 months. NB: No briefing session for the above-mentioned for further enquiries refer to below contacts. Technical enquiries: Mr Andre Erasmus, Tel: (012) 312-9397.
Appointment of a service provider for the design, supply, install and support, a Building Management System for the Freedom Park. A compulsory briefing session will be held on: Date: 22 July 2011. Time: 10:00. Venue: //hapo (Museum): Freedom Park. Note: Bid documents will be sold at a non-refundable deposit of R100,000 per set, as from 11 July 2011. Contact for bid information: Mr Edward Buthelezi, Tel: (012) 336-4003. E-mail: edward@freedompark.co.
The costing of the Green Procurement Policy. Please note: The compulsory briefing/information session will take place at: Date: 12 July 2011. Time: 11 am. Venue: 1 Dorp Street, Cape Town.
The implementation of the Built Environment Support Programme (BESP) Round 2 Phase 2-Completion of Spatial Development Frameworks and Human Settlement Plans in Accordance with Gap Analysis which was completed in previous phase. The following municipalities are involved: Region 1: Bitou Local Municipality Region 2: Breede Valley Local Municipality Region 3: Mossel Bay Local Municipality Please note: The compulsory briefing/information session will take place at: Date: 15 July 2011. Time: 10 am. Venue: 1 Dorp Street, Cape Town.
Appointment of a service provider for a new governance, policy or legislative framework for managing the allocation of powers and functions across the three spheres of Government. A compulsory briefing session: A compulsory briefing session will be held on 18 July 2011 at DCoG, 87 Hamilton Street, Arcadia, Pretoria, Room S37 at 10:00. Bidders who did not attend the briefing session will be disqualified. Tender documents: The documents are available free of charge at the Security Reception from 07:00-17:00, weekdays. The building is situated on the c/o Hamilton and Proes Streets, 87 Hamilton Street, Arcadia, Pretoria. The entrance of the building is in Proes Street.
Two years contract to remove and dispose of Hazardous and Recyclable waste from AFB Waterkloof and Ditholo Training Area. Quantity: 2 years. There will be a compulsory bidders information meeting at the passenger terminal of AFB Waterkloof on 21 July 2011 at 09:00 am. No latecomers will be entertained and failure to attend on time will be invalidate your bid. Enquiries can be directed to: Sergeant P.M. Khumalo at (012) 684-2186; Or enquiries of technical nature to: Captain M. Vogel at (012) 672-3471. Bid documents can be collected at the Central Procurement Service Centre.
Kindly note that the compulsory briefing session will be held on 18th of July 2011 at Limpopo Spatial Planning and Information in the Empire Place, Polokwane, at 10h00. For directions enquiry contact technical person from below numbers. Technical enquiries: Mr Timmy Shilenge Tel: (015) 297-5167/8. Bid related enquiries: Ms B Nzotta, Tel: (012) 312-9876/9518 Bids can also be downloaded from the following website: http://www.ruraldevelopment.gov.za Appointment of a service provider to conduct audit of spatial development framework implementation in the Limpopo Province.
Kindly note that the compulsory briefing session will be held on 18th of July 2011 at North West Provincial Land Reform Office: Mafikeng, at 10h00. For directions enquiry contact technical person from below numbers. Technical enquiries: Mr E Moshabele, Tel: (012) 312-9698/ 082 827 6256. Bid related enquiries: Ms B Nzotta, Tel: (012) 312-9876/9518 Bids can also be downloaded from the following website: http://www.ruraldevelopment.gov.za Appointment of a strategic partner to develop and implement a model for assisting Land Reform Programme Beneficiaries to participate in different commodities production as well as assist land reform beneficiaries to get access to the value chain of the specific industry in the North West Province for a period of five (5) years.
Bids can also be downloaded from the following website: http://www.ruraldevelopment.gov.za Appointment of a strategic partner to develop and implement a model for assisting Land Reform Programme Beneficiaries to participate in different commodities production as well as assist land reform beneficiaries to get access to the value chain of the specific industry in the Mpumalanga Province for a period of five (5) years.
Kindly note that the compulsory briefing session will be held on 14th of July 2011 at Mpumalanga Provincial Land Reform Office, Nelspruit Office at 10h00. For directions enquiry contact technical person from below numbers. Technical enquiries: Mr E Moshabele, Tel: (012) 312-9698/ 082 827 6256.
Kindly note that the compulsory briefing session will be held on 22nd of July 2011 at Limpopo Provincial Land Reform Office, Polokwane at 10h00. For directions enquiry contact technical person from below numbers. Technical enquiries: Mr E Moshabele, Tel: (012) 312-9698/ 082 827 6256. Bid related enquiries: Ms B Nzotta, Tel: (012) 312-9876/9448 Bids can also be downloaded from the following website: http://www.ruraldevelopment.gov.za Appointment of a strategic partner to develop and implement a model for assisting Land Reform Programme Beneficiaries to participate in different commodities production as well as assist land reform beneficiaries to get access to the value chain of the specific industry in the Limpopo Province for a period of five (5) years.
Kindly note that the compulsory briefing session will be held on 15th of July 2011 at Gauteng Provincial Land Reform Office, Pretoria Office, Hatfield Office at 10h00. For directions enquiry contact technical person from below numbers. Technical enquiries: Mr E Moshabele, Tel: (012) 312-9698/ 082 827 6256. Bid related enquiries: Ms B Nzotta, Tel: (012) 312-9876/8776 Bids can also be downloaded from the following website: http://www.ruraldevelopment.gov.za Appointment of a strategic partner to develop and implement a model for assisting Land Reform Programme Beneficiaries to participate in different commodities production as well as assist land reform beneficiaries to get access to the value chain of the specific industry in the Gauteng Province for a period of five (5) years.
Kindly note that the compulsory briefing session will be held on 25th of July 2011 at Eastern Cape Provincial Land Reform Office, East London Office at 10h00. For directions enquiry contact technical person from below numbers. Bids can also be downloaded from the following website: http://www.ruraldevelopment.gov.za Appointment of a strategic partner to develop and implement a model for assisting Land Reform Programme Beneficiaries to participate in different commodities production as well as assist land reform beneficiaries to get access to the value chain of the specific industry in the Eastern Cape Province for a period of five (5) years.
Technical enquiries: Mr E Moshabele, Tel: (012) 312-9698/ 082 827 6256.
Kindly note that the compulsory briefing session will be held on 13th of July 2011 at Western Cape Provincial Land Reform Office, Stellenbosch Office at 10h00. For directions enquiry contact technical person from below numbers. Technical enquiries: Mr E Moshabele, Tel: (012) 312-9698/ 082 827 6256. Bid related enquiries: Ms B Nzotta, Tel: (012) 312-9876/8359 Bids can also be downloaded from the following website: http://www.ruraldevelopment.gov.za Appointment of a strategic partner to develop and implement a model for assisting Land Reform Programme Beneficiaries to participate in different commodities production as well as assist land reform beneficiaries to get access to the value chain of the specific industry in the Western Cape Province for a period of five (5) years.
Kindly note that the compulsory briefing session will be held on 21st of July 2011 at Free State Provincial Land Reform Office, Bloemfontein Office at 10h00. For directions enquiry contact technical person from below numbers. Technical enquiries: Mr E Moshabele, Tel: (012) 312-9698/ 082 827 6256. Bid related enquiries: Ms B Nzotta, Tel: (012) 312-9876/8359 Bids can also be downloaded from the following website: http://www.ruraldevelopment.gov.za Appointment of a strategic partner to develop and implement a model for assisting Land Reform Programme Beneficiaries to participate in different commodities production as well as assist land reform beneficiaries to get access to the value chain of the specific industry in the Free State Province for a period of five (5) years.
The merSETA invites service providers to submit bids for the Evaluation of the Impact of merSETA's performance against the NSDS11 Objectives.
The Terms of Reference for this bid including the professional services questionnaire, vendor application form and the SBD forms will be available on the merSETA website: www.merseta.org.
Suitable qualified service providers are therefore invited to submit their bids before the closing date. Bids will be adjudicated in accordance with applicable legislation. Duly completed and signed bid documents enclosed in an envelope clearly marked with the relevant tender number and description must be deposited in the tender box at the merSETA Head Office and addressed to: Supply Chain Manager hand-delivered at Atrium Building, Ground Floor, 95-7th Avenue, corner Rustenburg Road, Melville, Johannesburg.
REFERENCE No. ZNQ 127/11/12 2.
Enquiries and quotations to be made to: Ms M.N. Mabaso, Tel: (035) 450-8200.
The envelope/s must be addressed to Ladysmith Provincial Hospital, Bid Evaluation Committee, with the quotation number and the closing date written on the outside.
All Department of Health contracts awarded are subject to appeals being lodged timeously (if any) and a letter of acceptance being issued.
The envelope must be addressed to GJ Crookes Provincial Hospital, Quotation Evaluation Committee together with the quotation number and closing date.
Quotation number: ZNQ 335/2011.
SUPPLY: Pastoe chairs (beige in colour).
Enquiries regarding specification: Ms F Mngunyana, Tel: (039) 978-7160.
Contact person regarding specification: SW Ntuli, Tel: (033) 444-0818 Ext 8176.
Closing time: 11 am.
Contact person: MF Chonco, Tel: (033) 444-0818 Ext 8153.
Quotation number: ZNQ 62/2011-12.
SUPPLY: -01 x 90% wire bender with cushion vinyl grips.
02 x Loop 2.5 cm x 9.1 m.
02 x hook 2.5 cm x 9.1 m.
02 x 5.1 cm x 9.1 m.
04 x solid neoprene 3.0 mm x 46 x 61 cm beige with terry like plush.
05 x hook and loop exercise board, measures 30 x 32 cm, includes one block and six hook-covered rollers.
04 x thermoplastic splinting material smooth 46 x 61 cm per sheet.
01 x 13 cm long, 156 g mini vibrator, including six "C" batteries, with each head vibrates at 92 cycles per second with an amplitude of 0.06 mm.
01 x power-web combo features two resistance per unit. One half has a light resistance and the other half has a heavier resistance.
01 x medium green 170 g.
01 x firm blue 170 g.
01 x Digiflex set of five: 0.7 kg, 1.4 kg, 2.3 kg, 4.1 kg with display.
01 x Friskurs softouch scissors have hardened stainless steel blades for a sharp, long-lasting edge.
01 x small heating pan, non stick surface. UL approved 1300 watts and 120 volts.
Pan measures (37 x 27 x 6.4 cm).
01 x utility safety knife including three replacement blades.
38 mm W x 142 mm L x 24 mm thick.
01 x figure eight skate board system.
26 D, with rim, molded arm skate with hoot and loop straps.
01 x Bobbles and beads 150 colourful beads in 5 different shapes, 2 threading laces and 10 double-sided, graded, sequencing copy cards.
Quotation number: ZNQ 63/2011-12.
SUPPLY: Cross over-white colour size: XL-X05, L-X05, M-X05 and S-X05.
10 x dressing gown, men, blue, size M.
20 x bed sheet, bleached size.
20 x blanket, wooden light grey, 150 x 200 cm.
Cross-over-blue colour, size: XXL-X20, XL-X10, L-X10 and S-X10.
SUPPLY: 05 x six holes black geyser cover.
20 x 22 mm copper to copper T coupling.
20 x 22 mm copper to copper elbow coupling.
50 x 22 copper to copper straight coupling.
10 x 22 mm copper to copper stopper valves.
30 x 22 mm underground water pipe.
01 x small observation trolley with a drawer (anesthetic trolley with 1 drawer).
02 x small dressing trolley (457 x 457 mm completely stainless steel).
50 x kidney dishes or receivers (plastic-blue in colour).
06 x foot stool with two steps.
06 x dressing trolley 457 x 910 mm completely stainless steel.
02 x 4 fold bed screens.
01 lockable medicine trolley (utility mobile drug cabinet).
01 x emergency trolley with 5 drawers.
15 x kidney dish stainless steel size 15 cm.
15 x kidney dish stainless steel size 20 cm.
02 x mobile utility drug cupboard IMFB.
01 x anaesthetic trolley 1 drawer IMFB.
06 x examination couch.
The envelope must be addressed to Town Hill Hospital, Quotation Evaluation Committee, Hyslop Road, Pietermaritzburg or Town Hill Hospital, Quotation Evaluation Committee, P.O. Box 400, Pietermaritzburg, 3200, together with the quotation number and closing date.
Townhill Hospital. ZNQ No.: ZNQ 462/11. Site meeting: 12/07/11. Time: 10.00. Closing: 19/07/11. Time: 11.00.
Site meeting: 12/07/11.
ZNQ No.: ZNQ 464/11.
ZNQ No.: ZNQ 465/11.
Bids must be on the official tender form, which shall be completed in all respects and all information must be supplied as stipulated in the bid documents.
Each bid must be in sealed envelope.
All contractors must duly complete and sign new ZNT30 documents for Preferential Point Calculation.
No faxed copies of Bid documents will be accepted.
All Department of Health contractors awarded are subject to appeal being timeously lodged (if any) and letter of acceptance being issued.
Bid documents are available from the Department of Health (Mahatma Gandhi Memorial Hospital). Tel: (031) 502-1719. Fax: (031) 502-1867.
specification. Bid number: ZNQ 580/2011. Closing date: 2011/07/29. Closing time: 11:00. Site meeting: Date: 2011/07/19.
Site inspection date: 13/07/2011 at 11h00.
Enquiries regarding the specification: Mr M.P. Mthimkhulu.
SUPPLY: Renovate all ablutions @ hospital to make them user friendly.
Bid number: ZNB 12/11/12.
Quotation number: ZNQ 84/11.
Closing date: 29/07/11.
SUPPLY: 06 x lactometer electric with cups different sizes autoclavable.
SUPPLY: 04 x SOS bakri tamponade balloon set maximum inflation 500 ml.
Contact person: Miss Z.C. Buthelezi, Tel: (035) 831-7077.
Enquiries regarding specification: Mrs B.N. Ndlela, Tel: (035) 831-7161.
SUPPLY: 09 x lactometer (for checking or measuring lactic acidosis on patients).
Quotation number: ZNQ 07/2011-2012.
SUPPLY: Supply and application of reflectorised marking.
Closing date: 11 August 2011.
OPEN BID: BID No.
Description: THE APPOINTMENT OF A PROFESSIONAL SERVICE PROVIDER FOR GRAPHIC DESIGN AND PRINTING SERVICES FOR A PERIOD OF TWENTY (24) MONTHS.
NB: A non-refundable fee of hundred rand (R100) will be charged for this bid document.
Date: 18 July 2011.
Venue: Bidders to meet inside the main entrance Umlazi Depot Office.
Bid number: ZNTD 170/06/2011.
provider to render security services.
Closing date: 4 August 2011 at 11h00.
SERVICE: KwaZulu-Natal: Department of Public Works: Maphumulo Depot Office: Service provider to render security services.
Building: eThekwini Region: Service provider to render security services.
Date: 21 July 2011.
Region: Service provider to render security services.
455A Jan Smuts Highway, Mayville, 4091.
NB: Bid documents will not be issued at the compulsory site meeting. Technical enquiries: Mrs M.Q. Ngcobo, Tel: (031) 203-2160. Mr N. Ntloko, Tel: (031) 203-2346. Admin enquiries: Mrs K. Mkhize, Tel: (031) 203-2155.
Disabled 5 0.
White Females 5 0.
Department of Public Works: eThekwini Region invites bids for the provision of the following services: SERVICE: KwaZulu-Natal: Ntunjambili: Mambulu Primary School: Completion of Administration Block and External Works. Bid number: ZNTD 00120W. Closing date: 5 August 2011. Closing time: 11:00.
CIDB contractor grading designation: 3GB to 5GB or CIBD JV Combination.
Technical enquiries: Mr B. Khumalo, Tel: (031) 203-2334.
Date: 14 July 2011.
HDI Disabled 5 0.
Note: Bidders who are registered on the Masakhe ECDP, Provincial Suppliers Database, and CIDB at the close of bids are eligible to submit bids.
Bid Number: ZNTM 00528 W.
Closing date: 2011/08/04.
Technical queries: Mr W Gerber, Tel: (039) 682-2316.
Documents available from: Department of Public Works, Southern Regional Office, 10 Prince Alfred Street Extension, Pietermaritzburg.
Documents available from: Department of Public Works, Ugu District Office, 17 Andreasen Road, Port Shepstone.
Closing date: 29 July 2011 at 11 am.
Completed bid documents must be delivered to the STATS SA Reception (Tender Box).
telephonic/fax or email bids will be accepted.
For further information, please contact Ms Nomathemba Mendu, Tel: (012) 337-5620.
NB: PSIRA reserves the right to withdraw the invitation to bid.
Quotations must be on the official quotation price sheet, all the relevant details required must be completed in full.
Ensure that all contact details and signatures are completed.
100 mm x 100 mm x 8 ply.
Closing date: 2011/07/18.
Enquiries regarding specification: Mrs RN Kheswa, Tel: (031) 907-8279.
The name and address of the tenderer must be endorsed on the back of the envelope.
Quantity: 130 units.
Fax: (036) 342-7115. E-mail: kay.misrilal@kznhealth.gov.
DESCRIPTION: Quotation number: Enquiries: Closing date: Supply and deliver 4 infant incubators standard air temperature control- HTS Specs No. 3/1998-electronics ZNQ No: Est incu 1 of 2011/2012. Mr K. Misrilal/R. Ganes, Tel: (036) 342-7075-(036) 342-7130. 2011/07/21 at 11.00.
Required at: KwaZulu-Natal Province-various districts.
The ETDP SETA applies the provisions of the Preferential Procurement Policy Framework Act, No. 5 of 2000 and the Preferential Procurement Regulations, 2001.
The 90/10 system will be applied, where: Price = 90; Goals = 10 (HDI = 4; Women Equity = 4; Disability = 2).
The application forms for participation are available for downloading from the ETDP SETA Website at www.etdpseta.org.za as from 11th July 2011.
All signed applications must be addressed and delivered to the ETDP SETA-KwaZulu-Natal, Durban Bay House, 333 Anton Lembede (Smith Street), 12th Floor, Durban, on or before the specified closing date.
Please note: Late submissions will not be considered. It is the responsibility of the applicant to ensure timely submission. The ETDPSETA reserve the right not to award the tender in line with PPPF Act.
will be accepted until 12h00 on 22 July 2011.
Closing date: 8 August 2011 at 12h00.
INSETA wishes to enter into an agreement with service providers to provide quotations for catering services on a rotational basis.
Description: Provision of Indoor Plants and Maintenance. Enquiries: Only written enquiries, submitted to the following email address brendam@inseta.org.za, will be accepted until 12h00 on 22 July 2011. Closing date: 8 August 2011 at 12h00. INSETA wishes to appoint a service provider to provide floral displays, hampers and gifts.
Description: Rental of watercoolers and provision of bottled water for the watercoolers. Enquiries: Only written enquiries, submitted to the following email address brendam@inseta.org.za, will be accepted until 12h00 on 22 July 2011. Closing date: 8 August 2011 at 12h00. INSETA wishes to appoint a service provider for the rental of watercoolers and provision of bottled water.
For more information, please contact Kgalaletso Moganedi, via E-mail: at kmoganedi@aidc.co.
Quotations must be addressed to Hospital Manager, Charles James Hospital, 6 Sompukane Road, Umbogintwini, 4125. The quotation number must be clearly marked on the bottom left hand corner of the envelope.
SUPPLY: Supply of labels, semi-gloss x 432 000.
Office hours: 08:00-16:00 (Monday to Friday).
It is the prospective bidders' responsibility to obtain documents in time so as to ensure that responses reach SITA (Pty) Ltd, timeously. SITA (Pty) Ltd, cannot be held responsible for delays in the postal service. SITA (Pty) Ltd reserves the right to cancel or withdraw any bid published.
Quotations must be submitted in separate sealed envelopes. The envelope must be addressed to St Andrews Hospital, Quotation Evaluation Committee, Private Bag X1010, Harding, 4680, or deposited in the Tender Box in St Andrews at the Bottom Security Gates Hospital reflecting the quotation number and closing date.
SUPPLY: Hospital beds with mattresses.
Closing date: 29/07/2011.
The name and address of the bidding company must be endorsed at the back of the envelope. All Department of Health contracts awarded are subject to appeals being timeously lodged (if any) and letters of acceptance being issued.
SUPPLY: Supply and install CCTV cameras.
Contact person: Lindiwe Magwaza, Tel. (032) 944-5054.
SUPPLY: Ultra sound machine x 1.
SUPPLY: Portable incubator x 1.
HTU Specification: 1/999 (electronics).
Quotation number: ZNQ GCHC 35/2011/12.
Contact person: Samile Madlala, Tel: (039) 688-3000 Ext. 3053.
Council for Geoscience invites eligible engineering companies to indicate their interest in the preparation of Merafong Projects.
Structural engineer description of similar assignment, experience in similar conditions, etc.
For any queries please contact: Lebogang Mampuru, Senior Procurement Officer, Tel: (012) 841-1250. Fax: 086 557 4117. E-mail: Lmampuru@geoscience.org.za (for technical information).
The South African Revenue Service (SARS) invites suitably qualified service providers to submit proposals for the appointment of service providers to render auctioneering services nationally to the Customs Unit.
Reference No.: RFP 07/2011.
Closing date and time: 5 August 2011 at 11h00.
SARS actively promotes the effective and efficient development of suppliers and contractors from historically disadvantaged communities. To this end it has introduced a Black Economic Empowerment Policy which is designed to create entry levels for the targeted groups to enter the mainstream economy.
ZNT 373/DC21/P58/ 009/2010 T The upgrading of Main Road 58 from km 13.14 to km 14.
Street address: 172 Burger Street, Pietermaritzburg, 3201, Republic of South Africa. Postal address: Private Bag X9043, Pietermaritzburg, 3200, Republic of South Africa. Tel: (27) (33) 355-8892. Fax: (27) (33) 355-8063.
Enquiries: Mr S. S. Buthelezi/A. P. Dalais, Tel: (033) 264-9500/49/35.
ZNQ 138/2011 5 x monitor multiparameter-neonatal, as per spec.
WCDOH 241/2011K Supply and delivery of eight (8) intensive care infant incubators and one (1) transport incubator for use in Khayelitsha Hospital, Department of Health Respiratory Care Africa (Pty) Ltd 8 infant incubators R332 340,16 1 transport incubator R75 524,25 2.
WCDOH Supply, delivery, installation, demonstration Respiratory R799 444,00 2.
ZNQ 255 of 2011/ 2012 Electrosurgical unit Phambili Hospital Supplies Mr B. B.
ZNQ S/Board 1 of 2011/2012 Installation of PA Address System Uthukela TV and Radio Mr B. B.
SER No. BID No.
ANNEXURE 1 1 National Treasury: Contract Management: For collection of bid documents: The Chief Director: Contract Management, Tender Information Centre, 240 Vermeulen Street, (Ground Floor), behind ABSA Bank (corner Andries and Vermeulen Streets), Pretoria. Enquiries: Tel.: (012) 315-5858 or 315-5732; Fax: (012) 315-5734. Closing address of bids: The Chief Director: Contract Management, Tender Information Centre, 240 Vermeulen Street (Ground Floor), behind ABSA Bank (corner Andries and Vermeulen Streets), Pretoria. Postal address: Private Bag X115, Pretoria, 0001. Office hours: 07:30-16:00 (Monday to Friday). Tender box accessible 24 hours.
Enquiries: Ms J. Kola Office hours: 08:00-12:30 and 13:30-15:30 Tel: (012) 841-7551, Fax: (012) 841-7071 Mondays to Fridays E-mail: kolajacobeth@saps.org.
265 Department of Transport and Public Works: Provincial Roads and Transport Management Branch, Second Floor, Tender Office, Provincial Building, 9 Dorp Street, Cape Town, 8001, or P.O. Box 2603, Cape Town, 8000; or deposited in the tender box at Ground Floor, Provincial Building, 9 Dorp Street, Cape Town, 8001; or P.O. Box 2603, Cape Town, 8000.
371 Department of Defence-Logistic Support Formation, corner of Stephanus Schoeman and Van Riebeeck Roads in Thaba Tshwane, or Department of Defence: Logistic Support Formation, Central Procurement Service Centre, Private Bag X1037, Thaba Tshwane, 0143; or deposited in the tender box next to the main entrance to Joint Support Base Garrison, corner of Stephanus Schoeman and Van Riebeeck Roads, Thaba Tshwane. No database application forms will be supplied either electronically or by fax. Suppliers wishing to register must bring the following minimum documents and complete the database registration forms at the Central Procurement Service Centre: Valid Tax Clearance Certificate, Company Registration Certificate (CIPRO), Company Letterhead and a cancelled cheque or letter from the bank for other types of accounts.
NB: Bidders to phone in advance to collect the bid documents. Enquiries: Private R. M.
Enquiries: Ms N. Biko/Mr N.
Enquiries: W. J. van Zyl/Mrs A.
Enquiries: Mr S. Ncipha/Mrs I. Brennen Office hours: 07:30-12:30 and 13:00-16:00 Tel.
Enquiries: Mr C.
805 Department Rural Development and Land Reform, 270 Jabu Ndlovu (Loop) Street, Pietermaritzburg, 3201 or Private Bag X9132, Pietermaritzburg, 3200; or deposited in the tender box at 270 Jabu Ndlovu (Loop) Street, Pietermaritzburg (bid box in foyer on the first floor).
Enquiries: Mr Sthe Buthelezi/Mr Alain Dalais Office hours: 07:30-16:00 342-3904 829 Department of Public Service and Administration, Batho Pele House, 116 Proes Street, Pretoria, 0001; Private Bag X916, Pretoria, 0001 (working hours).
<fn>GOV-ZA.2687En.2012-02-10.en.txt</fn>
The Intenda Help Desk will be available on weekdays between 08:00 and 17:00. Saturday and Sunday from 09:00 am until 18:00 pm, Tel: 083 554 9330/1 (Pleaes note that no voice messages will be returned) for assistance regarding electronic responses.
The Government Printing Works will not be held responsible for faxed documents not received due to errors on the fax machine or faxes received which are unclear or incomplete. Please be advised that an "OK" slip, received from a fax machine, will not be accepted as proof that documents were received by the GPW for printing. If documents are faxed to the GPW it will be the sender's responsibility to phone and confirm that the documents were received in good order.
Amendment of compulsory site meeting: Supply and delivery of stationery. Compulsory site meeting: Date: 21 July 2011. Time: 11h00. Place: Central Procurement Service Centre. Contact person: Lieutenant Colonel De Wit, Tel: (012) 671-5035. Bid documents can be collected at the Central Procurement Service Centre.
Note: Documents will be sold at a non-refundable deposit of R800,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. No: (011) 713-6233/Moeketsi Mosila, Tel. No: (011) 713-6118. General enquiries: Ms Thoko Mngomezulu (Project Manager), Tel. No: (011) 713-6043 Supply and letting of office and parking accommodation either in Sandton or Revonia to the Department of Public Works comprising of 9 620 m2 plus 400 parking bays to be used by Independent Communication Authority of South Africa (ICASA). This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality: Historically Disadvantaged Individuals (HDI) Persons who had no 5 points Price: 100% (of 90) franchise in national elections before the 1983 and 1993 Constitutions Who is a female: 3 points Quality/Functionality: 0% (of 90) Persons with disability: 2 points Other: point Total must equal: 10 points Total must equal: 100% (of 90) Johannesburg JHB.
Manufacturing and supply of World Cup 2010 Support Medals for the SA Police Service (Once off purchase).
Note: Documents will be sold at a non-refundable deposit of R300,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. No: (011) 713-6233/Moeketsi Mosila, Tel. No: (011) 713-6118. General enquiries: Mr Peter Moloi (Project Leader), Tel. No: (011) 713-6184/082 888 8104 Supply and letting of office and parking accommodation to the Department of Public Works comprising of 3,739,60 m2 office space, 137.00 m2 storage plus 81 parking bays to be used by SAPS in Kwa-Thema (Springs). This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality: Historically Disadvantaged Individuals (HDI) Persons who had no 5 points Price: 100% (of 90) franchise in national elections before the 1983 and 1993 Constitutions Who is a female: 3 points Quality/Functionality: 0% (of 90) Persons with disability: 2 points Other: point Total must equal: 10 points Total must equal: 100% (of 90) Kwa-Thema Springs JHB.
Supply and delivery of cleaning materials and toiletries.
Supply and delivery of Walter Dittel FSG90H1PC VHF/AM Ground to Air radios. Quantity: 58 complete. Enquiries can be directed to: Warrant Officer Class 1 M. A. Denner, Tel: (012) 312-2072. Bid documents can be collected at the Central Procurement Service Centre.
Supply and delivery of various items of SAAF Band Uniforms which are made measure to fit. Enquiries can be directed to: Lieutenant Colonel C. F. Theron, Tel: (012) 312-2587. Bid documents can be collected at the Central Procurement Service Centre.
Supply and delivery of intravenous blood and administration sets, flow regulators, cannulae, etc to all hospitals/institutions under the control of the Department of Health: Western Cape Provincial Government, for a three year period. NB: A non-refundable fee of R50,00 will be payable for hard and electronic copies of bid documents. Payments in cash only must be deposited into the Department of Health's account. Internet transfers (EFTs) are also acceptable. Bank and Branch: Nedbank, Cape Town. Branch Code: 14 52 09. Account No: 1452 045 097. Deposit slips must reflect bid number and bidder's name and must be e-mailed/faxed along with electronic request for bid documents. Bid documents will only be available electronically. Please send written requests for documents with full company and contact details to: Mr Jonathan Lewis, E-mail: Jonathan. Lewis@pgwc.gov.
Supply and installation of printing press system at Naval Publications Unit, Naval Base Simon's Town. NB: A compulsory site meeting/briefing session will be held at Naval Publications Unit, St Georges Street (Main Road), Simonstown, in the Conference Room on 19 July 2011 at 11h00, followed by on-site meeting. Bid documents will be handed out only at the site meeting. It is compulsory to attend briefing session and on-site meeting. Bidders are to ensure they are inside the venue at 10h45 for registration. Doors will be closed at 11h00. No late-comers will be accommodated. Contact person: WO1 Billimore, Tel: (021) 787-4153. The reference no.
Supply of lubricating oil, marine engine oil, supplied in 209 litre drums.
Dishwashing liquid for machines. (Quantity: 10 000 li).
Supply of: Firemen's hood, universal size to SAN Specification No: 98415-853043001-226001. (Quantity: 200 ea). Antiflash gloves; To San Specification No: 98415-853019001224001. Various sizes. (Quantity: 1 300 pr). Antiflash gloves; To San Specification No.
Supply and delivery of syringes, needles and accessories for all hospitals/institutions under the control of the Department of Health: Western Cape Provincial Government, for a three year period. NB: A non-refundable fee of R50,00 will be payable for electronic copies of bid documents. Payments in cash only must be deposited into Department of Health's account: Bank and Branch: Nedbank, Cape Town. Branch code: 14 52 09. Account No: 1452 045 097. Deposit slips must reflect bid number and bidder's name and must be e-mailed/faxed when requesting this bid document. Contact person: Miss N. Manqina, Tel. No: (021) 483-6202, Fax No: 086 608 9867. Document is available electronically only. Please submit requests with full company and contact details to nmanqina@pgwc.gov.
Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, testing, calibration, demonstration (including specified training) and commissioning in good working order of three (3) mobile X-ray machines for use in the Department of Radiography.
NB: A compulsory site meeting/inspection will be held on 4 July 2011 at 14h00, E23 GI Department, E-Floor, New Groote Schuur Hospital Complex. Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, installation, testing, demonstration (including specified training) and commissioning in good working order of one (1) ERCP Digital Radiographic/Fluoroscopic C-arm System for use in the E23 GI Department. Groote Schuur Hospital (GI Department) GSH 5/ 2011 2011-07-15 307 307 specified training) and commissioning in good working order of one (1) Dual Head Gamma camera (spect)/Helical multislice computer tomography scanner (CT) system for use in the C3/4 Nuclear Medicine Division and Radiology Division.
NB: A compulsory site meeting/inspection will be held on 12 July 2011 at 11h30, C3/4 Nuclear Medicine Department, C-Floor, New Groote Schuur Hospital Complex. Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following banking account: Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Tygerberg Hospital Account type: Cheque Account Account No: 1452 045 259 Branch name: Nedbank Corporate Branch code: 145209 Or at Tygerberg Hospital Cashiers Office, Room 46, Ground Floor, Admin. Building. A digital pulmonary lung function analyser system.
A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy with Company's details and bid number need to be faxed to (021) 938-5628 before collection of bid document. Copy to be of good quality. Enquiries: Ms M. Visser/Ms C.
Supplying 3 000 000 transparent plastic covers for identity documents. Please note: A non-refundable payment of R50,00 is payable at Government Printing Works cashiers, Bosman Street entrance, before collecting bid documents from Room 17.
Supply, installation and commissioning of one (1) new wideweb printing press with section-folding capability, at the Government Printing Works, Pretoria, Republic of South Africa. Please note: A non-refundable payment of R50,00 is payable at Government Printing Works cashiers, Bosman Street entrance, before collecting bid documents from Room 17.
Electrical repairs and renovations including building and mechanical works; Anysberg Nature Reserve: Laingsburg. Designated Grading: 2EB or higher. Project Leader: Mr A. Manuel, 082 887 7815.
Contract No. C 909 The reseal of Trunk Road 88 Section1 from De Rust to the N 9 and Main Roads 368 and 404. A compulsory site visit/clarification meeting will take place on: Wednesday, 20 July 2011, starting at 09:00 at Uniondale High School, Voortrekker Street, Uniondale. Tenderers must be registered with the Construction Industry Development Board (CIDB) in the 8 CE class of Construction Works, or higher. Non-refundable deposit: R400,00.
Contract No. C 916.01 Reseal of Main Road 234 (km 17.8-km 38.6) between Hopefield and Velddrif. A compulsory site visit/clarification meeting will take place on: Thursday, 21 July 2011, starting at 11:00, at the Riveira Hotel, 136 Voortrekker Road, Velddrif. Tenderers must be registered with the Construction Industry Development Board (CIDB) in the 7 CE class of Construction Works, or higher. Non-refundable deposit: R400,00. Expiry date: 7 October 2011 Western Cape C 916.
Contract No. C 906 Reseal of Trunk Road 31 Section 5 Ladismith (km 0.91) to Calitzdorp (km 47.63). A compulsory site visit/clarification meeting will take place on: Tuesday, 26 July 2011, starting at 10:00 at The Olive Garden Restaurant, located on Route 62, 500m before entering Ladismith from Barrydale. Tenderers must be registered with the Construction Industry Development Board (CIDB) in the 8 CE class of Construction Works, or higher. Non-refundable deposit: R400,00.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidder's name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za The provision of a comprehensive cleaning service for various areas of Groote Schuur Hospital, including consumables, equipment and labour. NB: Compulsory site meeting to be held on Monday, 4 July 2011 at the Big Bennie de Wet Lecture Theatre in the Old Main Building, starting time 11h30 for registration, meeting to commence at 12h00. Bid with an estimated value of more than R500 000,00.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 28-07-2011 at 11h00. Prospective tenderers to meet at Delareyville SAPS. Note: Documents will be sold at a non-refundable deposit of R300,00 CASH per set. Contact for tender information: Badisa Motlhatlhedi, Tel. No: (018) 386-5308. General enquiries: Project Manager's name: Thomas Moeng, 083 326 1240 Delareyville SAPS & Housing Units: Repairs and renovations and installation of industrial stove for kitchen. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 5 GB or 5 GB or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 4 GB PE or 4 GB PE. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 03-08-2011 at 10h00 am. Prospective tenderers to meet at Umzinto Prison. Note: Documents will be sold at a non-refundable deposit of R700 CASH per set. Contact for tender information: Ms Sibongile Masuku, Tel. No: (031) 314-7213. General enquiries: Mr Raj Sewjugath, 079 499 5683 Business hours: 07h45 to 12h45; 13h30 to 14h00 The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 5 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted 2 points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b) points (c) points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Umzinto: Repair and maintenance. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 7 GB or 7 GB* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 6 GB PE or 6 GB PE* or higher.
Service 1: Supply in bulk and delivery of pre-identified mathematics textbooks and teachers guides for Grades 1-3; and Service 2: Supply in bulk and delivery of home language and first additional language reading schemes for Grades 1-3 to selected Western Cape Schools on a distribution list. Services valued in excess of R500 000 promoting enterprises located within the Western Cape Province. For the purpose of this bid following goals will be targeted in terms of the 90/10 preference point system of the Preferential Procurement Regulations, 2001, pertaining to the Preferential Procurement Policy Framework Act, No.
NB: A compulsory information session will be held for all prospective service providers on 26 July 2011 at 13:30 at the Western Cape Educatioin Department, 2nd Floor, Grand Central Towers, Lower Plein Street, Cape Town. Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 2 points the 1983 and 1993 Constitutions (b) Who is a female: 1 point (c) Persons with disability: 1 point 2. Other specific goals (according to the PPPFA) (a) Promotion of Small including Micro Enterprises and Medium 2 points Enterprises (b) Development of human resources 2 points (c) Enterprises located within a specific Province 2 points Total must equal 10 points 3.
Correction notice to advert on 24 June 2011: Request for quotes for intermediary on medical aid: are invited from suitability experienced and independent medical aid brokers for the provision of intermediary services to select a suitable medical aid scheme for the CCMA and to acquire comprehensive medical aid cover and associated services for the employees of the CCMA. The envisaged schemes are to offer appropriate medical aid cover (entry level, midrange and high-end) to all CCMA employees. Dates of compulsory briefing sessions: 12 July 2011 at 09h30 or 26 July 2011 at 09h00 sharp at 28 Harrison Street, 10th Floor, Johannesburg. Enquiries: Violet Masemola, Tel: (011) 377-6619.
Note: Documents will be sold at a non-refundable deposit of R500,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel. No: (011) 713-6233/Moeketsi Mosila, Tel: (011) 713-6118. General enquiries: Mr Peter Moloi (Project Leader), Tel. No: (011) 713-6184/082 888 8104 Supply and letting of office and parking accommodation to the Department of Public Works comprising of 2.591,66 m2 office space, 159,00 m2 storage plus 82 parking bays to be used by SAPS in Olifantsfontein. This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality: Historically Disadvantaged Individuals (HDI) Persons who had no 5 points Price: 100% (of 90) franchise in national elections before the 1983 and 1993 Constitutions Who is a female: 3 points Quality/Functionality: 0% (of 90) Persons with disability: 2 points Other: point Total must equal: 10 points Total must equal: 100% (of 90) Olifantsfontein JHB.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A site inspection on 04-08-2011 at 12:00. Prospective tenderers to meet at Napier Police Station. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Ms R. Mouton, Tel: (021) 402-2076/7. Technical information: Mr W. Roodman, Tel: (021) 402-2059/ 079 888 8174 Napier: Police Station: Repairs and renovations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 5 GB or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 4 GB PE or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 6 points the 1983 and 1993 Constitutions (b) Who is a female 3 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A site inspection on 04-08-2011 at 13:30. Prospective tenderers to meet at Stanford Police Station. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Ms R. Mouton, Tel: (021) 402-2076/7. Technical information: Mr W. Roodman, Tel: (021) 402-2059/ 079 888 8174 Stanford: Police Station: Repairs and renovations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 5 GB or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 4 GB PE or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 6 points the 1983 and 1993 Constitutions (b) Who is a female 3 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A site inspection on 04-08-2011 at 09:30. Prospective tenderers to meet at Ashton Police Station. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Ms R. Mouton, Tel: (021) 402-2076/7. Technical information: Mr W. Roodman, Tel: (021) 402-2059/ 079 888 8174 Ashton Police Station: Repairs and renovations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 5 GB or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 4 GB PE or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 6 points the 1983 and 1993 Constitutions (b) Who is a female 3 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A site inspection on 04-08-2011 at 14:30. Prospective tenderers to meet at Hermanus Police Station. Note: Documents will be sold at a non-refundable deposit of R300 CASH per set. Contact for tender information: Ms R. Mouton, Tel: (021) 402-2076/7. Technical information: Mr W. Roodman, Tel: (021) 402-2059/ 079 888 8174 The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 6 points the 1983 and 1993 Constitutions (b) Who is a female 3 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b) points (c) points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: % Price: 100% Total must equal: 100% Hermanus: Police Station: Repairs and renovations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 6 GB or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 5 GB PE or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A site inspection on 29-07-2011 at 10:30. Prospective tenderers to meet at Hout Bay Harbour at Harbour Masters Office. Note: Documents will be sold at a non-refundable deposit of R700 CASH per set. Contact for tender information: Ms R. Mouton, Tel: (021) 402-2076/7. Technical information: Mr M. Taljaard, Tel: (021) 402-2292/ 079 886 3777 Hout Bay: Harbour: Repair and maintenance of buildings, civil infrastructure and electrical installations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 7 CE or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 6 CE PE or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 6 points the 1983 and 1993 Constitutions (b) Who is a female 3 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. Note: Documents will be sold at a non-refundable deposit of R100 CASH per set. Contact for tender information: Songezile, Tel: (021) 402-2077. Technical information: B. J. Mong, Tel: (021) 402-2033 The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 6 points the 1983 and 1993 Constitutions (b) Who is a female 3 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b) points (c) points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: % Price: 100% Total must equal: 100% Malmesbury New Prison: Replacement of kitchen equipment. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 3 ME or 3 ME* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 2 ME PE or 2 ME PE* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A site inspection on 03-08-2011 at 11:00. Prospective tenderers to meet at Caledon: Helderstroom Prison. Note: Documents will be sold at a non-refundable deposit of R500 CASH per set. Contact for tender information: Ms R. Mouton, Tel: (021) 402-2076/7. Technical information: Mr B. J. Mong, Tel: (021) 402-2033/ 082 838 8816 Caledon: Helderstroom Prison: Repair and renovation of kitchen and replacement of kitchen equipment at Maximum & Medium Prisons. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 7 GB or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 6 GB PE or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 6 points the 1983 and 1993 Constitutions (b) Who is a female 3 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
Lift modernisation, refurbishment and upgrades; various hospitals: Cape Metropole. Designated Grading: 6SI or higher. NB: A non-refundable deposit of R100,00 per set is payable. Project Leader: T.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 28-07-2011 at 12h00. Prospective tenderers to meet at Sekhukune SAPS. NB: The project incorporate Extended Public Works Programme (EPWP). Note: Documents will be sold at a non-refundable deposit of R300 CASH per set. Contact for tender information: Mr Chokoe MJ, Tel: (015) 293-8071. Technical information: Makama SM, 082 338 1493. General enquiries: Makama SM, Tel: (015) 291-6428 Sekhukhune SAPS: Repairs and renovations of bachelor flats. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 5 GB or 5 GB* or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 02-08-2011 at 11:00. Prospective tenderers to meet at Makhado Correctional Centre. Note: Documents will be sold at a non-refundable deposit of R100 CASH per set. Contact for tender information: Mr Chokoe MJ, Tel: (015) 293-8071. Technical information: Serepo John, Tel: 071 679 8478. General enquiries: Serepo John, Tel: (015) 291-6344 The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in the national elections before 7 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b) points (c) points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Makhado Correctional Centre: Purchasing and installation of standby generator. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 2 ME or 2 ME* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 04-08-2011 at 11:00. Prospective tenderers to meet at Witpoort SAPS. NB: The project incorporate Extended Public Works Programme (EPWP). Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Mr Chokoe MJ, Tel: (015) 293-8071. Technical information: Dibakoane TG, Tel: 071 679 8574. General enquiries: Dibakoane TG, Tel: (015) 291-6478 Repairs and renovation of bachelor flats. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 GB or 4 GB* or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in the national elections before 7 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 03-08-2011 at 11:00. Prospective tenderers to meet at Nylstroom SAPS. NB: The project incorporate Extended Public Works Programme (EPWP). Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Mr Chokoe MJ, Tel: (015) 293-8071. Technical information: Dibakoane TG, Tel: 071 679 8574. General enquiries: Dibakoane TG, Tel: (015) 291-6478 The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in the national elections before 7 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b) points (c) points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Nylstroom SAPS: Repairs and renovation of commando offices. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 GB or 4 GB* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 29-07-2011 at 12:00. Prospective tenderers to meet at Tubatse SAPS. NB: The project incorporate National Youth Service (NYS). Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Mr Chokoe MJ, Tel: (015) 293-8071. Technical information: Makama SM, Tel: 082 338 1493. General enquiries: Makama SM, Tel: (015) 291-6428 Tubatse SAPS: Repairs and maintenance of Police Station. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 GB or 4 GB* or higher. The following criteria is applicable: Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in the national elections before 7 points the 1983 and 1993 Constitutions (b) Who is a female 2 points (c) Persons with disability 1 point 2. Other specific goals (according to the PPPFA) (a) Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
Supply and delivery Learner and Teacher Support Material (LTSM) to Early Childhood Development (Grade R) classes at 350 public and 100 independent schools (ECD Centres) in the Western Cape and provide two (2) training sessions in the use of the equipment. Services valued in excess of R500 000 promoting enterprises located within the Western Cape Province. For the purpose of this bid following goals will be targeted in terms of the 90/10 preference point system of the Preferential Procurement Regulations, 2001, pertaining to the Preferential Procurement Policy Framework Act, No.
NB: A compulsory information session will be held on 27 July 2011 at 11:00, with prospective service providers at Grand Central Building, Lower Plein Street, Cape Town, 2nd Floor, Conference Room No. 2. Preference: 1. Historically Disadvantaged Individuals (HDI) (a) Persons who had no franchise in the national elections before 2 points the 1983 and 1993 Constitutions (b) Who is a female: 1 point (c) Persons with disability: 1 point 2.
No site inspection. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact/Technical enquiries: Rose Maloka, Tel. No: (015) 291-6482. General bid information: Johny Chokoe, Tel: (015) 293-8071 Limpopo Department of Cooperative Governance: Procurement of new office space at a lettable area of 285 m2 with 14 parking base.
Acquisition of office space measuring 1 654 m2 and 27 parking bays to Public Works for usage by SASSA in Witbank. * Requirements for technicality, addressing, delivery, opening and evaluation models/criteria and conditions of tender and contract are found in the single volume document that will be sold by Department of Public Works.
No site inspection. Functionality/Quality criteria: Accessibility: 60% / Location: 40%. The bid documents will be available from 07h45 a.m. to 12h30 and from 13h30 until 14:45 p.m. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for bid information: Miss Silindile Maphumulo/ Madibaneng Ndhlovu, Tel: (013) 753-6300. General enquiries: Mr Cinga Yeko/Ms E. M. F.
Appointment of a specialist either on an individual basis, consulting firm or agency to manage particular facility management projects on behalf of the Department of Trade and Industry. Contact person: E. Dennis, E-mail: EDennis@thedti.gov.
Appointment of a service provider for the revision of the document titled: Route description and destination analysis of numbered routes in South Africa (1996). Compulsory briefing session will be held as follows: Date: 26 July 2011. Time: 11h00. Venue: Fish Eagle Board Room at Department of Transport, 159 Forum Building, cnr. Bosman and Struben Street in Pretoria. NB: Please be advised that bid documents are available at Pretoria, Department of Transport, cnr. Bosman and Struben Streets, and also during briefing session. Contact persons: Bid administration: Ms N. Mnisi, Tel: (012) 309-3121. For technical enquiries: Ms L.
The BANKSETA is a statutory body established through the Skills Development Act of 1998, to enable its stakeholders to advance the national and global position of the banking and micro-finance industry.
The BANKSETA is seeking to appoint a suitably qualified service provider who is located in South Africa to undertake its annual Customer Satisfaction Survey over a period of three years. Full details of the requirements are contained in the RFB document, Reference No. BS/2011/RFB050. RFB documents will only be made available electronically from 11:00 am on 8 July 2011 by download from: 1. BANKSETA website: www.bankseta.gov.za 2. Sharepoint portal: Download from URL http://pronetworks/sharepointsite.net/BANKSETA/Downloads The BANKSETA applies the provisions of The Preferential Procurement Policy Framework (Act 5 of 2000), as well as the Public Finance Management Act (Act 1999, covering the framework for Supply Chain Management). Please quote: Relevant reference numbers in all correspondence. Correspondence without a reference number will not be attended to.
Appointment of a service provider to procure, deliver and install two (2) x 300 kVA generators at Data Processing Centre in Hermanstad, Pretoria. Compulsory information session: Date: 2 August 2011. Time: 11:00. Venue: STATS SA, Data Processing Centre, 2 Moot Street, Hermanstad, Pretoria. NB: Service providers are requested to be at the Auditorium at 11:00, for the briefing session. No bidder will be allowed access into the premises after 11:10.
Appointment of a service provider for the commission, delivery, installation of shelving solution in order to store boxes and questionnaires for the Census 2011 Project. Compulsory information session: Date: 25 July 2011. Time: 11:00. Venue: STATS SA, Data Processing Centre, 2 Moot Street, Hermanstad, Pretoria. NB: Service providers are requested to be at the Auditorium at 11:00, for the briefing session. No bidder will be allowed access into the premises after 11:10.
Maintenance and repair of printing equipment. Quantity: Two-year contract. NB: There will be a compulsory bidders information meeting on 26 July 2011 at 11:00 am. The venue will be the Engineer Terrain Intelligence Regiment (Tech Base). NB: No late comers will be entertained and failure to attend on time will invalidate your bid. Bid documents can be collected at the Central Procurement Service Centre. Alternatively a self-addressed and stamped envelope R17,55 (E3 Size) can be sent to this Centre. Enquiries can be directed to: Enquiries for the documents: Sergeant P. M. Khumalo, Tel: (012) 684-2186. Technical enquiries and directions: Lieutenant Colonel B. T. Farao, Tel: (012) 355-1815.
Rendering of transcription servivces. Quantity: Two-year contract. NB: There will be a compulsory bidders information meeting on 27 July 2011 at 11:00 am. The venue will be the Imbizo Conference Room of the Legsato Thaba Tshwane, R101 Old Johannesburg Road. NB: No late comers will be entertained and failure to attend on time will invalidate your bid. Bid documents can be collected at the Central Procurement Service Centre. Alternatively a self-addressed and stamped envelope R17,55 (E3 Size) can be sent to this Centre. Enquiries can be directed to: Enquiries for the documents: Sergeant P. M. Khumalo, Tel: (012) 684-2186. Technical enquiries and directions: Lieutenant Colonel M. Mlalazi, Tel: (012) 351-2160.
A compulsory site inspection on the 26-07-2011 at 10h00. Prospective bidders/tenderers to meet at Golela Border Post. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. General/Technical enquiries: Pearl Mkansi, Tel. No: (012) 337-3231. Contact for bid information: Mr J. P. Cornelius, Tel. No: (012) 342-2033/082 885 9658 Horticultural upgrade and installation of irrigation system at the Golela, Onverwaght and Kosibay Border Post.
Amendment of non-refundable deposit: Appointment of a service provider for the design, supply, install and support, a Building Management System for the Freedom Park. A compulsory briefing session will be held on: Date: 22 July 2011. Time: 10:00. Venue: //hapo (Museum): Freedom Park. Note: Bid documents will be sold at a non-refundable deposit of R100,00 per set, as from 11 July 2011. Contact for bid information: Mr Edward Buthelezi, Tel: (012) 336-4003. E-mail: edward@freedompark.co.
Removal of all waste generated by the SAPS Forensic Science Laboratory.
Removal of all chemical, bio-hazardous and photographic waste generated by the SAPS Criminal Record Centres.
More information will be included in the bid document.
6 July 2011. A non-refundable cash deposit of R250,00 must be made in favour of Legal Aid SA FNB Account No. 62224831471, Branch Code 251905-cheque account. Tender No. 02/2011 must be mentioned as a reference.
Bidders should ensure that properly completed tender proposals are deposited in the tender box situated at the Legal Aid SA House, National Office, Ground Floor, 29 De Beer Street, Braamfontein, Johannesburg.
A compulsory briefing session will be held on 13 July 2011 on the 7th Floor, Boardroom at 10h00.
The closing date for tender submission is 4 August 2011 at 11.00 am.
No late, faxed or e-mailed tenders will be accepted.
The South African Revenue Service (SARS) invites suitably qualified service providers (CIDB Registered 3GB) to submit proposals for the supply and installation of shopfitting at the Klerksdorp Tax Payer Service Centre.
Compulsory site meeting: 26 July 2011 at 10h30 be presented on collection of the tender documents.
Forms for the registration for the compulsory briefing session will be available at the compulsory site meeting.
The closing date for RFP 10/2011 will be 11h00 on 5 August 2011 and bid responses must be placed in the tender box before 11h00 at the main entrance of the SARS Procurement Centre, Linton House, Brooklyn Bridge, 570 Fehrsen Street, Brooklyn, Pretoria.
Please note: Bid documents are obtainable as from the 11th July at a non-refundable fee of R200,00 (two hundred rand) including VAT from 570 Fehrsen Street, Linton House, Ground Floor, Brooklyn Bridge, Pretoria (office hours 08:00 am till 16:00 pm-weekdays only).
Payments for bid documents to be made to SARS Main Account, at ABSA Bank, Account No. 40 5061 9823, Branch Code 632005, Branch Brooklyn, Ref No. RFP 11/2011. The official bank receipt(s) franked with official bank stamp thereon to be presented on collection of the tender documents.
The closing date for RFP 11/2011 will be 11h00 on 5 August 2011 and bid responses must be placed in the tender box before 11h00 at the main entrance of the SARS Procurement Centre, Linton House, Brooklyn Bridge, 570 Fehrsen Street, Brooklyn, Pretoria.
Payments for bid documents to be made to SARS Main Account, at ABSA Bank, Account No. 40 5061 9823, Branch Code 632005, Branch Brooklyn, Ref No. RFP 12/2011. The official bank receipt(s) franked with official bank stamp thereon to be presented on collection of the tender documents.
The closing date for RFP 12/2011 will be 11h00 on 5 August 2011 and bid responses must be placed in the tender box before 11h00 at the main entrance of the SARS Procurement Centre, Linton House, Brooklyn Bridge, 570 Fehrsen Street, Brooklyn, Pretoria.
Tender No.: SENT/CMEE/PA/001/001/2011.
Closing date: 15 August 2011.
Sentech is a state owned enterprise and is the largest broadcasting signal distributor in Africa. The main objective and business of Sentech in terms of the Electronic Communication Act No. 36 of 2005 (ECA) is to provide electronic communications services and electronic communications network services.
Sentech has a mandate from Government to upgrade the existing broadcast TV network and migrate analogue TV to digital TV, as well as to construct new transmitter stations to expand SABC radio and TV services to underserviced areas.
The placement/upgrading of 29 existing UHF TV antenna systems with DTT ready UHF TV broadcast antenna systems on existing mast structures for digital TV. These projects require the appointment of Consulting Structural/Civil Engineering (principal agents) and associated Professional entities that will be responsible for the design and management of the mast, civil, building and ancillary work on behalf of Sentech.
Sentech requires the services of a Principal Agent who is an Architectural Professional Consultant. The Principal Agent will contract and lead a team of Professionals comprising of a quantity surveyor, civil/structural engineer, landscape architect, security specialist, access control, fire reticulation/detection specialist and occupational health and safety professional. The purpose of the Agent is to complete the designs and oversee the construction of an additional office block at the existing Honeydew office complex.
The Province of KwaZulu-Natal, Department of Transport, invites tenders from Emerging Contractors, for the construction of Layerworks from km 1,80 to km 6,02 at Qudeni (Mlambomunye access road). The duration of the project will be 6 months.
Tenderers must be registered with the CIDB in a Civil Engineering class of construction works. Tenderers must also be registered with the Department of Transport as Emerging Contractors within the Vukuzakhe Emerging Contractor Development Programme (as per the database of the Department of Transport).
Tender documents will be available as from 10h00 on Friday, 15 July 2011, during working hours (i.e. 08h00 to 16h00 Monday to Friday) until 15h00 on the day prior to the Clarification Meeting.
The physical address for collection of tender documents is: Department of Transport, Acquisition Section, 'B' Block, 172 Burger Street, Pietermaritzburg.
A non-refundable tender deposit of R200 payable in cash or by bank-guaranteed cheque or crossed cheque made out in favour of 'Province of KwaZulu-Natal' is payable on collection of the tender documents.
P. Mkhize, Tel: (033) 328-1070. Fax: (033) 328-1006. E-mail address: phumlamk@ssi.co.za A compulsory Clarification Meeting with representatives of the employer will take place at Gwija Combined Primary School (Qudeni-Shiyanyawo Community), located on Access Road L877, approximately 8 km south of the intersection of D1566 and L877 (refer to the Clarification Meeting Venue Plan on page T6 of this document) on Friday, 29 July 2011, starting at 10h00. No latecomers will be admitted. The closing time for receipt of tenders is 11h00 on Friday, 12 August 2011. Telegraphic, telephonic, telex, facsimile, electronic, e-mailed and late tenders will not be accepted. Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender Data.
Quotation must be on the quotation form, which shall be completed in all respects, and all information must be supplied as stipulated in the quotation document.
The envelopes must be addressed to the Bid Evaluation Committee, together with the quotation number and the closing date. To be placed in Quotation Box situated on the ground floor at the lift entrance.
Quotations must be on the official quotation form, which shall be completed in all respects, and all information must be supplied as required in the quotation document.
All interested suppliers must notify uMkhanyakude Health District Office by telephone or signing mailing list from 18 July 2011-08:00 am to 22 July 2011-16:00 pm, only supplier appear on the mailing list will get quotation document.
For quotations exceeding R30 000,00 an original ZNT 30 form (application for preference points) and a valid tax clearance certificate must be submitted.
Quotations must be submitted in sealed envelopes, one envelop per quotation.
The envelope must be dropped to uMkhanyakude Health District Office, quotation box at Ndonsa Sub District Office, quotation number should be written on it.
All Department of Health Contracts awarded are subject to appeals being timeously lodged (if any) and a letter of acceptance being signed.
N.B.: Suppliers under the relevant local municipality will be given preference.
SERVICE: Hire service provider to distribute male condoms at Mtubatuba Local Municipality and surrounding Umkhanyakude District.
Closing date: 17 August 2011.
SERVICE: Hire service provider to distribute male condoms at Jozini Local Municipality under Umkhanyakude District (Catch Area, Mosvold Hospital).
SERVICE: Hire service provider to distribute male condoms at Umhlabuyalingana Local Municipality under Umkhanyakude District (Catch Area, Manguzi Hospital).
SERVICE: Hire service provider to distribute male condoms at Umhlabuyalingana Local Municipalities under Umkhanyakude District (Catch Area, Mseleni Hospital).
SERVICE: Hire service provider to distribute male condoms at Hlabisa Local Municipality under Umkhanyakude District.
SERVICE: Hire service provider to distribute male condoms at Jozini Local Municipality under Umkhanyakude District (Catch Area, Bethesda Hospital).
SERVICE: Hire service provider to distribute male condoms at Big 5 False Bay Local Municipality, under Umkhanyakude District.
Expressions of interest are hereby invited from audit firms operating in Gauteng Province to provide audit services for the SACAA. Service providers must possess knowledge and expertise in the following areas: Forensic Audit Experience; Information Technology (IT) Audit Experience; Performance Audit Experience; and Aviation Experience.
The appointment will be done in accordance with the SACAA's BEE guidelines and applicable policies and procedures in respect of the procurement of goods and services. The SACAA reserves the right not to proceed with appointment in respect of the above request.
The envelope must be addressed to Mahatma Gandhi Memorial Hospital, Bid Evaluation Committee together with the bid number and closing date.
Bid documents are available from the Department of Health (Mahatma Gandhi Memorial Hospital). Tel: (031) 502-1719. Fax: (031) 502-1867. SUPPLY: 1 x basic real time colour Doppler Ultrasound System as per Specification H.T.S.
Closing date: 2011/07/29.
Tourism KwaZulu-Natal invites proposals from suitably, qualified and experienced service providers for the provision of an Enterprise Resource Planning System that will integrate business processes, optimize resources available to help manage the organisation as a whole and implement best practice for each business process across the entire organisation. It has become essential that all of our business information systems be integrated into a single technology platform using a common database and common development environment. The first step in this process is for us to establish a common set of processes throughout our organisation. This strategy is particularly focused on implementing a corporate-wide ERP software system, which will form (define) the core technology, database, and development environment to be utilized by the organization.
Procurement forecasting and budgeting, System generated acquisition documentation (e.g. RFQ's, Purchase, Requisition Forms, Quotation Enquiry Forms, Purchase, Orders, Standing Orders, Bid/Tender Documents), Supplier catalogues to simplify the procurement process, Management of contracts, Management of suppliers, Advanced reporting (e.g. Black Economic Empowerment, variances, between order and invoice, volume, settlement and functional discounts, outstanding orders/commitments.
Payroll processing: Adding and terminating employees, processing earnings and deductions, printing pay slips and reports. Exporting into GL and Banking Software (Link to Current Service Provider).
Personnel history: Recording Employee data such as disciplinary, warnings, next of kin, items issued, interviews, medical information, planned training, training completed, competencies, skills, education etc.
Leave administration and various other statutory tasks: Managing of Leave transactions which automatically integrate from Employee Self Service. Monitor of Employee Leave abuse, leave trends and Leave costs.
Employment Equity: Managing Equity targets and submitting statutory Equity reports directly from the system (EEA2 and EEA4 reports).
Skills Training and Development: Managing Training and Planning of Training. SETA Specific Reporting.
Financial Accounting System (incorporate HR system) software, Employee Management reports i.e. Employee details, Head count, Disciplinary & Grievance lists, staff turnover etc, Employment Equity Reports i.e. EEA1, EEA2, EEA4. Performance Management Reports i.e. Personal Development Plans, performance reviews etc. Skills Development Reports i.e. training courses planned and attended. Financial Reports i.e. payroll register, medical aid, provident fund, loans, payouts, Emp201, IRP5's. Variance reports comparing last month to current month. IOD Reports. Standard leave administration reports. Managing Leave Provision, Leave Costs, Leave Transactions per Employee, Leave Trends and Leave Abuse.
A compulsory briefing session will be held at Tourism KwaZulu-Natal (TKZN) Offices, Suite 303, Tourist Junction, 160 Monty Naicker (Pine) Road, Durban, 4001, on the 22nd July 2011 at 10h00 am. Tender documents will be available immediately after the briefing session on payment of a non refundable deposit of R200. Only cash will be accepted.
Sealed bid documents must be deposited in the tender box marked Bid Number TKZN 06/2011, on the Ground Floor, Tourism KwaZulu-Natal Offices, Tourist Junction, 160 Monty Naicker Road, Durban, 4001, or posted to the attention of: The Procurement Officer, P.O. Box 2516, Durban, 4000. The bid closes on the 12th August 2011, promptly at 12h00 on Friday.
Telephonically, telegraphic, facsimile, electronic or e-mailed and late bid proposals will not be accepted. Only bid proposals placed in the tender box before the designated time and date will be considered. TKZN reserves the right not to shortlist any candidate or a consortium of companies for this tender that do not meet the criteria of the tender. Tourism KwaZulu-Natal reserves the right not to award this bid to all or any bidder.
Tourism KwaZulu-Natal intends appointing a firm(s) to provide legal services. Firms should have experience and expertise in any or all of the following legal fields: litigation matters; both Civil and Commercial; Commercial and/or Company Law; Intellectual Property; Tax Law; Debt Collection and Recovery; expert legal opinion; drafting of contracts; client representation in the Court of Law; legal advice to client, and workshop and appraise client on legislative amendments and/or updates.
Firms may apply to do all, or only part of the Authority's legal work.
A compulsory briefing briefing session will be held at Tourism KwaZulu-Natal (TKZN) Offices, Suite 303, Tourist Junction, 160 Monty Naicker (Pine) Road, Durban, 4001 on the 21st July 2011 at 10h00 am. Tender documents will be available immediately after the briefing session on payment of a non refundable deposit of R100. Only cash will be accepted.
Sealed bid documents must be deposited in the tender box marked Bid Number TKZN 07/2011, on the Ground Floor, Tourism KwaZulu-Natal Offices, Tourist Junction, 160 Monty Naicker Road, Durban, 4001, or posted to the attention of: The Procurement Officer, P.O. Box 2516, Durban, 4000. The bid closes on the 12th August 2011, promptly at 12h00 on Friday.
Telephonically, telegraphic, facsimile, electronic or e-mailed and late bid proposals will not be accepted. Only bid proposals placed in the tender box before the designated time and date will be considered.
Demolish Existing Drywall.
Remove all Building Rubble.
Build of New Drywall.
Prep and Paint of Existing Exterior Walls.
Prep and Install New Electrical Requirements.
Prep and Paint of New Drywall.
Prep and Paint of Existing Drywall and Doors.
Supply and Install New Glass Panels.
Remove Selected Ceilings.
Remove all Existing Carpets.
Prep and Install New Carpets.
Kitchen Cabinets to Specs incl Plumbing.
Install New Sound Proofing Wall. Compulsory site visit: 3 August 2011 at 10:00.
Quotations must be on the official quotation form, which shall be completed in all respect, and information must be supplied as stipulated in quotation document.
All quotations must be collected and submitted in sealed envelopes.
The envelope must be addressed to Church of Scotland Hospital Bid Evaluation Committee together with the quotation number and closing date.
Quotation documents are available and will only be collected from Church of Scotland Hospital Stores Department.
Please complete original ZNT 30 and tax clearance certificate when submitting document above R30 000 (thirty thousand rand).
Please note that the quotation documents must be handed to the tender box situated at Church of Scotland Hospital on the closing date.
Specification: H.T.S. No. 13/1999 (electronics).
Specification: H.T.S. No. E71.
Specification: H.T.S. No. E116.
SUPPLY: 2 x UMDNS: 16252 stimulators, peripheral-nerve-block monitor.
Specification: H.T.S. No. 25/1999 (electronic).
SUPPLY: 2 x UMDNS: 13360 Continuous positive. Positive airway pressure system-nasal.
SUPPLY: 1 x UMDNS: 12114 Incubator Infant-transport.
SUPPLY: 1 x Incubators infant-standard air temperature control.
Specification: H.T.S. No. 3/1998.
SUPPLY: Bottom scouring machines.
Closing date: 03/08/11.
SUPPLY: Post trimmer machines.
SUPPLY: Finishing machines.
SUPPLY: Oven for orthotic & prosthetic use.
SUPPLY: Adjustable grinding & milling machine.
SUPPLY: Vertical belt sanding machine.
SUPPLY: Band saw.
SUPPLY: Drill press.
SUPPLY: Vacuum station for lamination.
SUPPLY: Vertical belt sander.
SUPPLY: Grinding and milling machine.
Quotations must submitted in sealed envelopes.
The envelopes must be addressed to the Amajuba District Office, Quotation Evaluation Committee together with the quotation number and closing date.
The quotations documents are available from Amajuba District Office-Supply Chain Management Section, 38 Voortrekker Street, Private Bag X6661, Newcastle, 2940. Tel. (034) 328-7000, Fax (034) 312-3122. No faxed quotations will be accepted.
Quotations exceeding R30 000,00 an original ZNT 30 (application for preference points) form must be submitted to Amajuba District Office, an original tax clearance certificate must be submitted regardless of price.
SUPPLY: Short programme certificate in fundamentals of project management for 15 candidates.
Contact No.: (034) 328-7000/(034) 328-7055.
The envelope must be addressed to the Department of Health: Benedictine Provincial Hospital, Quotations Evaluation Committee together with the quotation number and closing date.
The name and address for the quoting contractor must be endorsed on the back of the envelope.
All Department of Health contracts awarded are subjects to appeals being timeously lodged (if any) and letters of acceptance being issued.
Please complete original ZNT 30 documents when submitting quotations above R30 000 (thirty thousand rand) together with an original Tax Clearance Certificate.
Quotation documents are available from Benedictine Provincial Hospital, Stores Department, Tel. (035) 831-7157, Fax. (035) 831-3241.
SUPPLY: 01 x ventilator transport.
SUPPLY: 100 x pedal bins stainless steel with steel bucket 281.
SUPPLY: Laundry Management Service NQF Level: 02-03.
USID No. 7618 number of candidates: 12 (twelve).
Unit Standard Title: Apply client service techniques to improve service.
SUPPLY: Records Management NQF Level: 02-04.
USID No. 115855 number of candidates: 12 (twelve).
Unit Standard Title: Records Management.
USID No. 10054 number of candidates: 30 (thirty).
Unit Standard Title: Identify and manage areas of customer service impact.
USID No. 10054 number of candidates: 20 (thirty).
Must attach a certificate of accreditation as a program provider.
Must attach proof of application for accreditation if still not yet processed.
Must indicate whether transport, accommodation expenses are to be charged.
Must provide own training material including flip charts.
Must render a unit standard based training to acquire credits.
Must assess the learners at the end of the training to determine competence level or status.
Companies must have registered on KZN database for Department of Health.
Must be prepared to issue certificate of competence.
Quotations must bear company stamp and signature of an authorised person.
Quotations must indicate a ZNQ number.
Bids must be on the official quotation form, which shall be completed in all respect, and all information must be supplied as stipulated in the quotation document.
The envelope must be addressed to the Department of Health, Rietvlei District Hospital, R56 Road, Umzimkhulu, Emhlangeni Area. Together with quotation number and closing date.
Late tenders or tenders received by facsimile or e-mail will, under no circumstances be considered.
An original ZNT 30 form must be completed when submitting bids above R30 000,00 (thirty thousand rand) together with an original Tax Clearance Certificate.
All Department of Health contracts are subject to appeals being timeously lodge (if any) and letter of acceptance being issued.
SUPPLY: Fresh red and chicken meat.
Closing date: 2011.
SUPPLY: Fresh sliced fortified bread.
SUPPLY: Assorted grocery.
SERVICE: Pest control-quarterly.
SUPPLY: Electric amputation saw.
SUPPLY: Immunization Fridges.
SUPPLY: Single beds.
SUPPLY: Body warmer.
SUPPLY: Diathermy machine.
SUPPLY: Neonate ventilator.
SUPPLY: Industrial drier.
SUPPLY: Indris trial washing machine.
SUPPLY: Towing tractor.
SUPPLY: Food waste disposal.
Name of Department: Department of Health.
Postal address: P/Bag X501, Stafford's Post, 4686.
Tender box address: Gate No. 2 and Stores.
Bid documents must be deposited in the Bid Box situated at the Security Office (Main Gate).
5 rolls x 51.
Closing date: 17 August 2011 at 11h00.
Elbow operated x 50.
CHANGE OF CLOSING DATE FOR BID No.
The closing date for the following bid which appeared in Government Tender Bulletin on the 24th June 2011 has changed.
Bid No. NST 11/23: Acquisition of office space, measuring 230 m2 and 5 parking bays to Public Works for usage by Public Protector in Witbank.
The closing date is: 10 August 2011 at 11h00. We apologize for any inconvenience caused.
All Department of Health Contracts awarded are subject to appeals being timeously lodged (if any) and letters of acceptance being issued.
Closing date: 2011-08-11.
SUPPLY: 2 x advanced transport ventilator, Paediatric and Adult: Edendale Hospital.
SERVICE: Cleaning of buildings: Greys Hospital.
Closing date: 2011-08-12.
Compulsory site inspection date: 2011/07/28 at 11:00.
SERVICE: Request for proposal for waste management services: Natalia Building.
Compulsory briefing/inspection date: 2011/07/26 at 14:00 (Natalia).
SERVICE: Request for proposal for canteen services: Natalia Building.
Compulsory briefing/inspection date: 2011/07/26 at 10:00 (Natalia).
Quotation documents are available from the Department of Health, Eshowe District Hospital, 40 Kangella Street, Eshowe, 3815. Telephone (035) 473-4500 Ext. 4592, Fax (035) 474-4914.
Quotations must be on an official quotation form, which shall be completed in all respects and all information must be supplied as stipulated in the quotation document.
The envelope/s should be addressed to the Department of Health: Manguzi Hospital with the quotation number and the closing date.
The name and the address of the quoting contractors must be endorsed at the back of the envelope(s).
All Departments of Health Contractors awarded are subject to appeals being timeously lodged (if any) and letters of acceptance being issued.
For quotations exceeding R30 000,00 an original ZNT 30 application for Preference point forms must be submitted with the quotation.
An original valid Tax Clearance Certificate must accompany the quote regardless of the price.
SUPPLY TRAINING SERVICE: 4 x courses as ff.
Closing date: 11/08/2011.
Quotation number: 396/397/398 & 399/2010-2011.
Name of the course Name of the course No.
Proposals are hereby invited from suitably qualified and experienced service providers to tender for the supply of 72 tractor packages per province for a comprehensive rural development programme in the Limpopo, Eastern Cape, Northern Cape, Western Cape, Free State, Gauteng and North West Province.
Tender documents will be available from the ARC-Central Office Reception from the 11th of July 2011 at a nonrefundable cost of R100,00.
All proposals must be in a sealed envelope and deposited into the Tender Box at the ARC Central Office, 1134 Park Street, Hatfield, Pretoria, 0083.
All enquiries can be directed to the Senior Supply Chain Manager of the Agricultural Research Council at (012) 427-9733/9728/9760.
The Competition Commission hereby invite Tenderers to submit proposals in respect of the above-mentioned services. Tender documents are available on the Commission's website, http://www.compcom.co.za/aboutus/tenders.
The closing date for the submission of proposals is 11h00 on 15 August 2011.
All tenderers must be registered on the Provincial Suppliers Database, the CIDB.
Closing date: 2011/08/11.
The envelope must be addressed to Northdale Provincial Hospital, Quotation Evaluation Committee, 1389 Chota Motala Road (Old Greytown Road), Pietermaritzburg or Northdale Provincial Hospital, Quotation Evaluation Committee, Private Bag X9006, Pietermaritzburg, 3200, together with the quotation number and closing date.
Original copies of Tax Clearance Certificates, ZNT 30 forms for preference points to accompany quotations. No faxed quotations will be accepted.
The quotation box is situated outside the Security Office, along the side wall facing the Main Entrance.
Each quotation must be in a separate envelope.
SUPPLY: Tow tractor.
Quantity: 1 unit.
Closing date: 05/08/2011.
SERVICE: Render a pest control service for 12 months.
SERVICE: Render a pauper burial service for 12 months.
SUPPLY: Aspirators high vacuum pipeline suction unit.
Quantity: 100 units.
H.T.S. Specification No.: H.T.S. No. A26 (anaesthetics).
Quantity: 4 units.
H.T.S. Specification No.: H.T.S. No. 4/1998 (electronics).
Quantity: 3 units.
H.T.S. Specification No.: H.T.S. No. 6/199 (electronics).
SUPPLY: Extractor vacuum obstetric-portable electric.
H.T.S. Specification No.: H.T.S. No. M10 (mechanical).
SUPPLY: Aspirators-electric high vacuum suction pump.
Quantity: 10 units.
H.T.S. Specification No.: H.T.S. No. M3 (mechanical).
Bid Number: IA 02/07/2011. Description: Supply, installation & commission of solar water panels. Contract period: Once off.
Bidders are invited to submit tenders for supply, installation & commission of solar water panels at Intelligence Academy.
Contractors should be registered as authorized suppliers with Eskom DSM in order to qualify for the rebate and should also be compliant with ISO 9001.
The successful bidder will be required to undergo a security clearance process.
A compulsory briefing session will be held on 1 August 2011 at 10:00. Prospective bidders are requested to attend this session at the Intelligence Academy, Nelson Mandela Drive to Ramatlabama, Mzwandile Piliso Campus, Guardhouse, Mafikeng behind Military Village.
Note: Document detailing all the bid requirements will be supplied at the briefing session at R200,00.
Closing date: 25 August 2011.
Bids are obtainable during the compulsory briefing session: Intelligence Academy, Mafikeng, Mzwandile Piliso Campus, Nelson Mandela Drive to Ramatlabama behind the Military Village. No late submissions and faxed bids will be accepted.
The Intelligence Academy reserves the right to accept any bid in whole or in part and does not bid itself to accept the lowest or any bid.
Non Franchise: 5 points.
Contract period: Once off.
Bidders are invited to submit tenders for maintenance, refurbishment & upgrading of medium & low voltage electrical networks & electrical infrastructure of Intelligence Academy.
This bid requires contractors with CIDB 5EB/SEP and proven track record in construction industry.
Note: Document detailing all the bid requirements will be provided at the compulsory briefing session at a cost of R200,00.
Closing date: 25 August 2011. Closing time: 11h00.
Enquiries: Ms Poppy Moshe: Acquisition Officer.
Fax: (018) 386-4183.
The South African Revenue Service (SARS) invites Interested and qualified service provider/s to submit proposals for the provision of sanitary and hygiene services for the SARS Offices nationwide. The service provider/s will be required to render the sanitary and hygiene services at the following regions: Free State, North West, Eastern Cape, Western Cape, Northern Cape, KwaZulu-Natal, Limpopo, and Mpumalanga. Reference No. RFP 14/2011. Closing date and time: 12 August 2011 at 11h00. Further details please contact: Mr Aser Makgate: Tel: (012) 422-6821. Fax: (012) 422-4317. E-mail: Tenderoffice@sars.gov.
Please note: Tender files are obtainable as from 20 July 2011-5 August 2011, during office hours (08h00 to 16h00 weekdays only) at a non-refundable fee of R150,00 (one hundred and fifty rand) (VAT incl.) from 570 Fehrsen Street, Linton House, Ground Floor, Brooklyn Bridge, Pretoria.
Payment for bid documents to be made to SARS Main Account, at ABSA Bank, Account No. 40 5061 9823, Branch Code 632005, Branch Brooklyn, Ref No. Main 022 Tender (RFP 14/2011). The official bank receipt(s) franked with official bank stamp thereon to be presented on collection of the tender documents.
The bid document may be placed in the tender box at the main entrance door, Linton House, 570 Fehrsen Street, Brooklyn Bridge, Pretoria.
Note: The South African Revenue Service is committed to economic growth by implementing measures to support industry generally, and especially to advance the development of Small, Medium and Micro Enterprises and Historically Disadvantaged Individuals.
Parts availability and supply.
To be confirmed by supplier warehouse inspection.
Workshops for servicing and mobile service availability.
To be confirmed by supplier workshop inspection.
Training and development: 10. Provision of artisan training, provision of operator training and provision of apprenticeship and learnership training.
Delivery of the plant and equipment at a position which will be indicated by the Employer on the day of delivery.
Registration as a vendor at Department is a requirement before any payments can be made.
All Plant and Equipment delivered must be inspected by a representative of the Employer and sign off when satisfied.
Suppliers/Service providers will be subjected to a verification process prior to the appointment, to establish financial capacity and the ability to deliver the required Plant and Equipment.
Proven track record of supply and delivery of construction plant and equipment. A compulsory site briefing will be held on the 26th July 2011 at Derek Masoek Building, Loveday Street, Johannesburg. We adhere to all relevant Acts including the Black Economic Empowerment Act No.
Policy Framework Act No. 5 of 2000, Employment Equity A t No. 55 of 1998. Tenders shall be awarded on the basis of a principle that work shall be fairly or equitably distributed amongst contractors/ entities that had not been awarded contracts previously.
41 Simmonds Street, Sage Life Building, 8th Floor, North Tower. A non-refundable tender deposit of R300,00 payable in cash or by a bank-guaranteed cheque made out in favour of the Department, payable between 08:00 and 15:00 at the above address is required upon collection of the tender documents. Queries relating to the issue of these documents may be addressed to: Ms Rosinah Modoutse, Tel: (011) 355-9437; and queries relating to technical specification may be addressed to: Mr Pieter Hugo, Tel: (012) 310-2349. Telegraphic, telephonic, telex, facsimile and late tenders will not be accepted. Tenders to be deposited at the tender box in the foyer of the Batho Pele Building, 91 Commissioner Street, Johannesburg, by no later than 15 August 2011 at 11 o'clock. Requirements for sealing, addressing, delivery, opening and assessment of the tenders are stated in the tender data.
Bid documents must be deposited in the Bid Box situated at the back of the Security Office (Main Gate).
Closing date: 10 August 2011 at 11h00.
DESCRIPTION: Maintenance & cleaning of grounds (Nxamalala Clinic).
Compulsory site inspection: 2 August 2011/11h00 at Nxamalala Clinic.
DESCRIPTION: Supply and install public address (PA) System.
Compulsory site inspection: 3 August 2011/11h00 at SCM (stores).
DESCRIPTION: Supply and install decanting machine for liquids x 1.
DESCRIPTION: Supply and install convection oven steam x 1.
DESCRIPTION: Supply and delivery of meal carts, insulated, tampered and resistant x 5.
DESCRIPTION: Supply and install of large steam pot (Phutu pot) 350 L x 1.
DESCRIPTION: Supply and install hydro boil x 16.
Compulsory site inspection: 4 August 2011/11h00 @ SCM (stores).
DESCRIPTION: Cast cutter-electric (with extraction unit) x 10.
DESCRIPTION: Warming unit-forced air x 2.
DESCRIPTION: Office desk solid wood complete 1800 (l) x 900 (w) x 750 (h) x 6.
The Mining Qualifications Authority (MQA) is a statutory body established in terms of the Mine Health and Safety Act of 1996 and a registered Sector Education and Training Authority in terms of the Skills Development Act of 1998.
Closing date for submission of proposals is: 12 August 2011 at 11:00 am. Late submission will not be accepted.
All queries must be sent via e-mail.
For Price: 80.
for enterprises located in a City of Joburg Municipal Area: 6.
Duly completed and signed bid document enclosed in a sealed envelope clearly marked with the relevant bid number and description must be deposited in the tender box placed at the Receptionist, Suite 501, SA Diamond Centre, or be posted to the Procurement Officer, PO Box 16001, Doornfontein, 2028.
Closing date and time: 11 am, 5 August 2011.
A non-refundable fee of R100 will be charged on collection.
Description: Appointment of a suitable service provider to render water related services for vari of Rural Development and Land Reform (DRDLR).
Date and time: 4 August 2011 at 11:00.
Bid documentation fee: Please be advised that the document will be issued at the briefing session for free.
Bid closing date: 26 August 2011 at 11:00.
The Municipal Demarcation Board ("the Board") invites suitable and experienced service providers to submit proposals and tenders. The objective of this bid is to appoint a suitable independent Audit Service Provider firm that can establish and maintain an appropriate Internal Audit Services to the Audit Committee and Management of the Municipal Demarcation Board.
Full details of the tender, and bid documents are available on the web-site of the Municipal Demarcation Board (www.demarcation.org.
Municipal Demarcation Board, Demarcation House, 304 Orient Street, Arcadia, Pretoria, during office hours (08h00 to 16h30). A compulsory briefing session will be held on 19 July 2011 at 10h00 at Board Offices. The closing date for the submission of tenders is 8 August 2011 at 12h00. The opening of tender will follow at 12h30. No late submissions will be accepted. Enquiries: Mr C Daniels or Ms P Leburu on (012) 342-2481. The Municipal Demarcation Board reserves the right to withdraw the bids.
The Municipal Demarcation Board invites suitable and experienced service providers to submit proposals and tenders for the following tenders below.
The 80/20 preference point will be used for Security Services Sealed tenders clearly quoting the tender number must be deposited into the tender box located at the reception of the Municipal Demarcation Board, Demarcation House, 304 Orient Street, Arcadia, Pretoria, during office hours (08h00 to 16h30).
20 July 2011 at 10h00 for A04-2011MDB Travel at Board Offices. The closing date for the submission of tenders is 8 August 2011 at 12h00. The opening of tenders will follow at 12h30. No late submissions will be accepted. Enquiries: Mr C Daniels or Ms P Leburu on (012) 342-2481. The Municipal Demarcation Board reserves the right to withdraw the bids.
The envelope must be addressed to the Department of Health: Prince Mshiyeni Memorial Hospital with the quotation number and closing date.
Quotation documents are available from the Department of Health: Prince Mshiyeni Memorial Hospital, Buying Section, Mangosuthu Highway, and Unit "V", Umlazi. Tel. (031) 907-8214. Fax. (031) 906-1391.
Closing date: 2011/08/01.
SUPPLY: 1 unit of X-ray mobile unit, Specification: H.T.S. No.
SUPPLY/SERVICE: Supply and delivery of uniforms with a Departmental emblem for the newly appointed extension officers.
Closing date: 12 August 2011.
SUPPLY/SERVICE: Provision of security services in the Cedara Complex and the Executive Building.
SUPPLY/SERVICE: Invitation to be placed on an approved panel of service providers to provide training with regards to livestock and maintenance of livestock handling facilities for a period of twenty four months (2 years).
Achieving and maintaining high levels of growth in the Agricultural Sector is a key national policy objective that holds a high priority in the programmes of the KwaZulu-Natal Department of Agriculture, Environmental Affairs and Rural Development. As well as contributing to economic growth, the sector has the potential to increase household incomes, promote commercialization in the smallholder farm sector, increase opportunities for skilled and relatively unskilled employment, and to increase food security. The Department has therefore prioritized the need to assist resource-poor and emerging farmers by providing capacity building and training in the fields of livestock production and animal health care.
primary animal health care to livestock farmers.
Suitably Qualified Training Institutions and specialists are invited to apply to be placed on a Panel of Approved Service Providers for the supply of training for a period of 2 years.
Auditorium at 10 am.
2011/12 financial year, will be available from the compulsory briefing session.
Quotations must be submitted in sealed envelopes. Faxed quotes will not be accepted.
The envelope must be addressed to: The Quotation Evaluation Committee, Ugu District Health Office, Private Bag X735, Port Shepstone, 4240.
Please complete an original ZNT 30 documents and submit an original Tax Clearance Certificate.
Specifications are available at Ugu District Health Office.
Closing date: 2011/07/28.
SUPPLY 3: Ultrasound scanner x 1.
ZNT 373 T/P36-2/18 The construction of earthworks and layerworks on Main Road P36-2 between km 17.5 to km 23.
197/2011-2012 Hospital orthopaedic bed Mars Healthcare CC R25 300,00 7.
ZNB 01/04/11 Painting at the front of hospital B.S.
NPA 04-10/11 Appointment of a service provider to provide comprehensive facilities management services at Eastern Cape Division Offices Homeguard Cleaning Services HDI=0 Women=1.
CAS03/2011 Invitation to bid for reproduction, printing, finishing and delivery of recyclable plastic library bags (over a 3-year period), for Western Cape Provincial Library Services, Department of Cultural Affairs and Sport, Provincial Government of the Western Cape Alvarita CC R799 260,46 1.
NB: All contracts awarded are subject to appeals being timeously lodged (if any, within 5 working days) and letters of acceptance being issued.
Bid 1165/2011-F Appointment of professional service providers to support the KwaZulu-Natal Provincial Treasury (Provincial Supply Chain Management Unit) by providing Contract Management Services The following five (5) service providers were awarded as professional service providers to support the KwaZulu-Natal Provincial Treasury (Provincial Supply Chain Management Unit) by providing Contract Management Services: 1. Deloitte 2. Pricewaterhouse Coopers & Realist Consortium 3. Cool Ideas 1016 (Pty) Ltd, trading as ESP Consulting 4. Genius Management Solutions 5.
29 The Director-General: Office of the Department of Transport, Room 4013, Fourth Floor, Forum Building, 157 Struben Street, Pretoria, or Private Bag X193, Pretoria, 0001; or deposited in the tender box at the main entrance, Forum Building, 157 Struben Street, corner of Bosman and Struben Streets, Pretoria.
110A SA Police Service, 117 Cresswell Road, Silverton, 0127; Private Bag X254, Pretoria, 0001; or deposited in the tender box at A-Block, First Floor, West Wing, Room 5145. Prospective tenderers must request all tenders by fax. Enquiries: Ms J.
307 Groote Schuur Hospital: Supplies Department, Tender Office Room 51/53, F46, First Floor, Old Main Building, or Groote Schuur Hospital, Old Main Building, Observatory, Cape, 7935, or Private Bag, Observatory, 7935; or deposited in the tender box at entrance foyer (adjacent to security office) main entrance, Old Main Building, Groote Schuur Hospital. (Access: 24 hours per day-7 days per week) Enquiries: Mr G Craul, Tel. (021) 404-3520/gcraul@pgwc.gov.za Office hours: 07:30-13:00 and 13:30-16:00 324 National Department of Works: Mmabatho Regional Office, Room 106, First Floor, West Gallery, Mega City Shopping Complex, Mmabatho, North West Province, or tenders obtainable from Office 40, Site 810, Unit 3, Mmabatho (next to Oasis Complex, Mmabatho "Tusk"), or post or deliver to: The Regional Manager, Mmabatho Regional Office, Private Bag X120, Mmabatho, 2745; or deposited in the tender box at First Floor, West Gallery, Mega City Complex, next to the lift and main entrance.
352 Department of Transport and Public Works: Provincial Administration: Western Cape, 9 Dorp Street, Cape Town, 8001; or Private Bag X9078, Cape Town, 8000; or deposited in the tender box in the Foyer, 9 Dorp Street, Cape Town. Enquiries: Josef Benjamin/Ms N.
360 Simon's Town Procurement Service Centre, Tender Administration Section, Arsenal Road, Simon's Town, 7975; or Department of Defence, Defence Materièl Division, Simon's Town Procurement Service Centre, P.O. Box 685, Simon's Town, 7995; or deposited in the tender box at the main entrance gate, Old Naval Logistics Base, main entrance gate, Arsenal Road, Simon's Town. Attention: Tender Office. (All hours-Mondays to Fridays).
371A Department of Defence-Logistic Support Formation, corner of Stephanus Schoeman and Van Riebeeck Roads in Thaba Tshwane, or Department of Defence: Logistic Support Formation, Central Procurement Service Centre, Private Bag X1037, Thaba Tshwane, 0143; or deposited in the tender box next to the main entrance to Joint Support Base Garrison, corner of Stephanus Schoeman and Van Riebeeck Roads, Thaba Tshwane. No database application forms will be supplied either electronically or by fax. Suppliers wishing to register must bring the following minimum documents and complete the database registration forms at the Central Procurement Service Centre: Valid Tax Clearance Certificate, Company Registration Certificate (CIPRO), Company Letterhead and a cancelled cheque or letter from the bank for other types of accounts. NB: Bidders to phone in advance to collect the bid documents. Enquiries: Warrant Officer Class 1 A.B. F.
415A Western Cape Education Department, Ground Floor, Grand Central Towers, Lower Plein Street, Cape Town, 8001; or Private Bag X9114, Cape Town, 8000; or deposited in the tender box on Ground Floor, Grand Central Towers, Lower Plein Street, Cape Town, 8000. Enquiries: Mr N. Diedericks/Ms N. Mqadi Tel: (021) 467-2043/(021) 467-2777 Fax.
P.O. Box 2060, Cape Town, 8000; or deposited in the Department of Health bid box situated in the foyer on the Ground Floor (map available on request), main entrance of the Provincial Building (under the arches), corner of Dorp and Keerom Streets (adjacent to Cape High Court), Cape Town, 8001.
NB: No bid documents will be issued between 13:00 to 13:30.
Enquiries: Miss J.
Enquiries: Miss N. Manqina Office hours: 07:30-13:00 and 13:30-16:00 602 Department of Justice and Constitutional Development, 329 Pretorius Street, Pretoria, 0001, or Private Bag X81, Pretoria, 0001; or deposited in the tender box at Momentum Building, East Tower, Reception, Tender Box.
Sharepoint portal: Download from URL http://pronetworks/sharepointsite.net/BANKSETA/Downloads Please quote the relevant reference numbers in all correspondence. Correspondence without a reference number will not be attended to.
Mobile: +27 (0) 82 926 7999 638 Department of Public Works: National Public Works Polokwane, First Floor (Office 10), Procurement Section, Old Mutual Building, 78 Hans van Rensburg Street, Polokwane, 0700; or at the Regional Manager: Department of Public Works, Private Bag X9469, Polokwane, 0700.
<fn>GOV-ZA.2688En.2012-02-10.en.txt</fn>
Supply and delivery of basic field engineering commodities.
Contact person: Lieutenant Colonel U. L. Victor, Tel: (012) Regiment, 103/2011 355-1157.
Supply and delivery of leg irons.
Bid documents can be obtained at SAPS, Div. Comm.
Supply and delivery of various insignia badges.
Supply and delivery of paper duplicating A4.
Amendment of tender description: Supply and delivery of tracksuits. Bid documents can be collected at the Central Procurement Service Centre. Alternatively a self-addressed and stamped envelope R17,55 (E3 Size) can be sent to this Centre. Contact person: Lieutenant Colonel C. F.
Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, testing, calibration, demonstration (including specified training) and commissioning in good working order of three (3) mobile X-ray machines for use in the Department of Radiography.
NB: A compulsory site meeting/inspection will be held on 12 July 2011 at 11h30, C3/4 Nuclear Medicine Department, C-Floor, New Groote Schuur Hospital Complex. Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, installation, testing, demonstration (including specified training) and commissioning in good working order of one (1) Dual Head Gamma camera (spect)/Helical multislice computer tomography scanner (CT) system for use in the C3/4 Nuclear Medicine Division and Radiology Division.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, testing, calibration, demonstration (including specified training) and commissioning of one (1) surgical imaging table for use in the Vascular Theatre. Bid with an estimated value of more than R500 000,00.
Supply, delivery, installation, demonstration and commissioning of four anaesthetic machines with monitoring for use in Khayelitsha District Hospital. Note: A non-refundable fee of R50,00 is payable. Payments (cash only) must be deposited into the Department of HealthÊ¼s Nedbank Account No. 1452 045 097 (Cape Town Branch, Code 14 52 09). Deposit slips must indicate the bidderÊ¼s name and the bid number and it must be handed over to the above Department, upon collection of the bid documents. Enquiries: Blomerus Loubser, Tel. No: (021) 483-8993.
Supply, delivery, installation, demonstration and commissioning of A mobile C-Arm Image Intensifier for use at Khayelitsha District Hospitals. Note: A non-refundable fee of R50,00 is payable. Payments (cash only) must be deposited into the Department of HealthÊ¼s Nedbank Account No. 1452 045 097 (Cape Town Branch, Code 14 52 09). Deposit slips must indicate the bidderÊ¼s name and the bid number and it must be handed over to the above Department, upon collection of the bid documents. Enquiries: Blomerus Loubser, Tel. No: (021) 483-8993.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following banking account: Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Tygerberg Hospital Account type: Cheque Account Account No: 1452 045 259 Branch name: Nedbank Corporate Branch code: 145209 Or at Tygerberg Hospital Cashiers Office, Room 46, Ground Floor, Admin. Building. A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy with CompanyÊ¼s details and bid number need to be faxed to (021) 938-5628 before collection of bid document. Copy to be of good quality. Enquiries: Ms M. Visser/Ms C. van Renen, Tel: (021) 938-5605/938-5255 One (1) water perfused high resolution monometry system with anorectal capability and a PH impedance system for Department Gastroenterology and Hepatology. Enquiries: Mrs M. Visser, Tel: (021) 938-5605.
Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, testing, calibration, demonstration (including specified training) and commissioning in good working order of four (4) flexible video urethro cystoscope for use in the Urology Department.
A compulsory site meeting/inspection will be held on 10 August 2011 at 12h00, A16 Central Processing Department, A-Floor, New Groote Schuur Hospital Complex. Bid with an estimated value of more than R500 000,00. Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department. Please deposit non-refundable fee of R50,00 into the following either at Groote Schuur Hospital Cashiers Office, E-Floor, Old Main Building; or Name of bank: Nedbank Name of account: Provincial Government of the Western Cape: Groote Schuur Hospital Account type: Current Account Account No: 1452 046 972 Branch name: Nedbank Corporate Branch code: 1452 09 A copy of the deposit slip/receipt must be provided before any bid document is supplied to bidders. The deposit slip/receipt must indicate the bidderÊ¼s name and the bid number. Copy to be of good quality. NB: If payment made by EFT (Electronic Fund Transfer) a copy needs to be faxed to (021) 404-2317, before collection of bid document. Copy to be of good quality. Enquiries: Ettiene Roman, Tel: (021) 404-2345. E-mail: eroman@pgwc.gov.za Supply, delivery, installation, testing demonstration (including specified training) and commissioning in good working order of one (1) floor loaded, steam operated autoclave for use in the Central Processing Department.
Humansdorp Former Commando: Rehabilitation of former commando buildings. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading of 7 GB* or higher. Potentially Emerging Enterprises: It is estimated that tenderers should have a CIDB contractors grading of 6 GB* or higher.
A compulsory site meeting on 1 August 2011 at 11:00.
Please note: Responsiveness and bid evaluation criteria will be strictly adhered to.
R500 CASH/postal orders per set payable at Cashiers from to collect on the 2nd Floor, Room 296.
Telegraphic, telephone, telex, facsimile and late documents will not be accepted.
Repairs and renovations to external and internal painting: McGregor Clinic, McGregor. Designated grading: 2GB or higher. Technical information: Mr L. Titus-082 801 3677.
General building repairs including electrical (Grouped schools): Wolsley Secondary School, Witzenberg Primary School, Wavern High School, Ceres. Designated grading: 3GB or higher. Technical information: Mr A. Small-082 808 1036.
Repairs and renovations: Tygerberg Hospital Laundry: Parow. Designated grading: 2GB or higher. Compulsory clarification meeting will be held on 4 August 2011 at 14h00 at Tygerberg Hospital Laundry, opposite engineering workshop. Technical information: Mr Z. Ahmed-083 645 5352.
Repairs and painting of internal and external of hospital: Laingsburg Hospital, Laingsburg. Designated grading: 2GB or higher. Technical information: Mr A. Davis-083 641 5027.
Contract No. C 825 Rehabilitation of divisional roads near Mossel Bay: DR1532 (km 0.00-km 17.16) & DR 1529 (km 12.79-km 14.85) A compulsory site visit/clarification meeting will take place on: Thursday, 4 August 2011, starting at 10:00, at the Dutch Reformed Church Hall in Vlees Bay. Tenderers must be registered with the Construction Industry Development Board (CIDB) in the 8 CE class of Construction Works, or higher. Non-refundable deposit: R400,00.
Contract No. C 802 Reseal of Trunk Road 21 Section 2 between km 24.60 and km 36.65 near Vredenburg. A compulsory site visit/clarification meeting will take place on: Wednesday, 3 August 2011, starting at 11:00, at the Juffroushoogte Guest Farm & Restaurant at km 30,380 on Trunk Road 21/2. Tenderers must be registered with the Construction Industry Development Board (CIDB) in the 7 CE class of Construction Works, or higher. Non-refundable deposit: R400,00.
Supply and install standby generator: Forensic Mortuary: Tygerberg Hospital: Parow. Designated grading: 2EB or higher. Clarification meeting will be held on Wednesday, 10 August 2011 at 11h00, at Tygerberg Forensic Mortuary. Technical information: Mr M. Abrahams-083 641 5080.
Electrical repairs to toilets and offices: Alfred Street Library, Cape Town. Designated grading: 3EB or higher. Technical information: Mr M.S. Abdool-083 641 1598.
Replace general lighting in the theatre suites: Groote Schuur Hospital: Observatory. Designated grading: 2EB or higher. Clarification meeting will be held on Wednesday, 10 August 2011 at 14h00, at Palm Court, Groote Schuur Hospital. Technical information: Mr M. Abrahams-083 641 5080.
Rendering of a comprehensive cleaning service including equipment and consumables at Khayelitsha Hospital. Note: A non-refundable fee of R50,00 is payable. Payments (cash only) must be deposited into the Department of HealthÊ¼s Nedbank Account No. 1452 045 097 (Cape Town Branch, Code 14 52 09). Deposit slips must indicate the bidderÊ¼s name and the bid number and it must be handed over to the above Department, upon collection of the bid documents. NB: A compulsory site inspection meeting will be held on the premises of Khayelitsha Hospital. Details regarding the site inspection meeting are contained in the bid document. Enquiries: Mr X. Vabaza, Tel. No: (021) 483-8718. Facsimile: (021) 483-2530 or E-mail: xvabaza@pgwc.gov.
The appointment of a service provider/s to render cleaning and deep cleaning services to the Department of Agriculture, Forestry and Fisheries at Agricultural Place, Harvest House, Sefala Building and Hamilton Forum, for a period of two (2) years. NB: A compulsory briefing session and site inspection will be held on: Date: 4 August 2011. Time: 10:00 to 11:00. Place: Agriculture Place, 20 Beatrix Street, Arcadia. General enquiries contact person: F. Gajana, Tel: (012) 319-6938. Technical contact person: Mr P. Khumalo, Tel: (012) 319-7896 Department of Agriculture, Forestry and Fisheries (Head Office/Pretoria) 4.4.12.
National Department of Public Works for office space measuring 262.50 m2 for the National Prosecuting Authority as listed, in an existing building or building under construction in the CBD area with a radius of 3 km from the centre of the town in Cradock wherein the said client will be accommodated.
Note: Documents will be sold at a non-refundable deposit of R200 CASH/postal orders per set payable at Cashiers from 08h00-12h45 and 13h30-15h30 on the 4th Floor, Eben Donges Building, Port Elizabeth, North End, Hancock Street, to collect on the 2nd Floor, Room 296. Telegraphic, telephone, telex, facsimile and late documents will not be accepted. Contact for technical information: Ms L. Wasserman or Ms S. MinnÊ¼e, Tel. (041) 408-2059/408-2067. For tender enquiries, contact: Mr P. N. Blouw/Ms B. Roberts, Ms H.
Prospective tenderers are invited for the supply and letting to National Department of Public Works for office space measuring 285.00 m2 and 9 secured under cover parking and 5 open secured parking for the Department of Co-Operative Governance, as listed, in an existing building or building under construction in the CBD area with a radius of 3 km from the centre of the town in East London or Beacon Bay or Vincent or Cambridge or Chisselhurst or Southernwood wherein the said client will be accommodated. Tenderers will be required to submit tenders for a lease period of 2 and 5 years which is mandatory and applicable options where necessary. The Department further reserves the right to award a longer term lease should the award thereof be in compliance with its BEE strategy. An option to renew for a further period will be applicable at the discretion of the Department. A detailed list of the required accommodation is available on request. The accommodation should be of good standard, with acceptable thermal behaviour and it is required within the specified time. Tenders, preferably valid for a period of 90 days, must be submitted on the prescribed form, which is obtainable from Room 296, Eben Dönges Building, Hancock Street, North End, Port Elizabeth. The tender should be placed in a sealed envelope and deposited in the tender box situated on the Ground Floor, before closing date and time. The tender number must be clearly indicated on the sealed envelope. Written proof has to be furnish confirming that the tenderer is authorised on the closing date and time to offer the building/accommodation for hiring. Note: Documents will be sold at a non-refundable deposit of R200 CASH/postal orders per set payable at Cashiers from 08h00-12h45 and 13h30-15h30 on the 4th Floor, Eben Donges Building, Port Elizabeth, North End, Hancock Street, to collect on the 2nd Floor, Room 296. Telegraphic, telephone, telex, facsimile and late documents will not be accepted. Contact for technical information: Ms L. Wasserman or Ms S. MinnÊ¼e, Tel. (041) 408-2059/408-2067. For tender enquiries, contact: Mr P. N. Blouw/Ms B. Roberts, Ms H. Matshikiza, Tel: (041) 408-2076/408-2035/408-2053 East London: Department of Co-Operative Governance: Alternative accommodation.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 8 August 2011 at 12h00 am. Prospective tenderers to meet at NDPW Durban Region in Ground Floor, Board Room. Note: Documents will be sold at a non-refundable deposit of R800,00 CASH per set. Contact for tender information: Sibongile Masuku, Tel: (031) 314-7213. Project ManagerÊ¼s name: Mr Omesh Debi-Dayal, 083 645 8821. Others: KZN:Durban Regional Office (NDPW) 37 sites: Repairs, modernisation and maintenance. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 8 SI or 8 SI* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 7 SI PE or 7 SI PE* or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 5 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted 2 points enterprises (Tender and Contract Conditions PA-16.
General mowing and cutting of grass on Trunk Road 33 Section 1 from km 0.25 to km 8.00 in Mossel Bay. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 83 Section 2 from km 0.00 to km 23.00 in Ladismith. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 33 Section 2 from km 0.00 to km 8.00 in Mossel Bay. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 33 Section 2 from km 8.00 to km 16.00 in Mossel Bay. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 33 Section 2 from km 16.00 to km 29.00 in Mossel Bay. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 33 Section 2 from km 29.00 to km 42.00 in Mossel Bay. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 2 Section 9 from km 0.00 to km 12.00 in George. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 2 Section 9 from km 12.00 to km 24.07 in George. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 1 Section 1 from km 3.00 to km 14.00 in George. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 1 Section 1 from km 14.00 to km 24.55 in George. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 88 Section 1 from km 0.00 to km 23.00, De Rust to Uniondale. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 88 Section 1 from km 23.00 to km 46.00, De Rust to Uniondale. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 88 Section 1 from km 46.00 to km 70.00, De Rust to Uniondale. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 75 Section 1 from km 0.00 to km 15.00 in Oudtshoorn. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 75 Section 1 from km 15.00 to km 31.20 in Oudtshoorn. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 33 Section 3 from km 3.00 to km 18.00 in De Rust. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 33 Section 3 from km 18.00 to km 33.00 in De Rust. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 31 Section 5 from km 0.42 to km 24.00 in Ladismith. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 31 Section 5 from km 24.00 to km 47.63 in Ladismith. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 31 Section 6 from km 1.10 to km 24.00 in Calitzdorp. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 31 Section 6 from km 24.00 to km 46.70 in Calitzdorp. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 1 Section 2 from km 0.00 to km 28.00 in Uniondale. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 1 Section 2 from km 28.00 to km 56.00 in Uniondale. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 1 Section 2 from km 56.00 to km 85.04 in Uniondale. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
General mowing and cutting of grass on Trunk Road 75 Section 2 from km 2.85 to km 28.23 in Oudtshoorn. NB: A compulsory tenderers meeting will be held on Wednesday, 3 August 2011 at 11:00 in the Municipal Library Hall, Voortrekker Street, Oudtshoorn. Tender documents will be sold at R100,00 per set. This amount will not be refunded.
Waterproofing of roofs and epoxy floor coating: Artscape, Cape Town. Designated grading: 2SN or higher. Technical information: Mr A. Osman-(021) 483-2131.
Upgrade perimeter fencing: Montagu Pre-Primary School, Montagu. Designated grading: 1SQ or higher. Technical information: Mr R. Hartnell-074 885 3145.
Lift modernization, refurbishment and upgrade: Various Provincial Hospitals: Cape Metropole. Designated grading: 6SI or higher. Compulsory clarification meeting will be held on 3 August 2011 at 14h00, main foyer next to lifts in Karl Bremmer Hospital. Technical information: Mr T. Mamba-(021) 483-6443. A non-refundable deposit of R100,00 per set is payable.
It is estimated that tenderers should have a CIDB contractor grading designation of 8GB or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 7GB PE or higher. This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A site inspection on 11/08/2011 at 10:15. Prospective tenderers to meet at Muizenberg: SAPS Complex: School Road. Note: Documents will be sold at a non-refundable deposit of R700 CASH per set. Contact for tender information: Ms R Mouton, (021) 402-2076/7. Technical information: Mr M Sasman, (021) 402-2196/2052. Muizenberg: SAPS: Project 4 Star: Upgrade. CIDB contractor grading designation required: The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI): (a)Persons who had no franchise in national elections before the 5 points 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA): (a)Contract participation goal by awarding contracts to targeted enterprises (Tender and Contract Conditions PA-16.
The Johannesburg Zoo request proposals to appoint a service provider for recycling activities in its facilities in Parkview (Johannesburg). Compulsory site visit address: Johannesburg Zoo Premises, Jan Smuts Avenue, Parkview, 2193. Compulsory briefing session date: 29 July 2011. Compulsory briefing session time: 10:00 am. Tender document obtainable from: Johannesburg Zoo, Reception between 09h00 am and 15h30 pm.
Appointment of a service provider to assist in the design, layout and placement of recruitment and bid advertisements in the media. Compulsory information session: Date: 11 August 2011. Time: 10h00. Venue: De Bruyn Park Building, 1st Floor, Auditorium 170 Andries Street, Pretoria. NB: Service providers are requested to be at the Auditorium at 10h00 for the briefing session. No bidder will be allowed access into the premises after 10h10.
Appointment of a service provider to train medical practitioners in completing death notification forms. Compulsory information session: Date: 12 August 2011. Time: 11h00. Venue: De Bruyn Park Building, 1st Floor, Auditorium 170 Andries Street, Pretoria. NB: Service providers are requested to be at the Auditorium at 11h00 for the briefing session. No bidder will be allowed access into the premises after 11h10.
Appointment of a service provider to render an Employee Wellness Programme (EWP) for the Office Public Service Commission (OPSC), for a period of 24 months. Compulsory info session: 02-08-2011 at 10h00, Room 177A, Commission House, cnr. Hamilton & Ziervogel Streets, Arcadia, 0083. Bid documents available at: Commission House, cnr. Hamilton and Ziervogel Streets, Arcadia. NB: No late bids will be accepted.
Consultants needed to conduct an outcomes-based study in the Western Cape Province on the Clanwilliam Dam Raising: Utilisation of additional water. Bids will be evaluated on functionality and the 90/10 preference point system. Further information regarding this is specified in the bid documents. For enquiries regarding bid documents, phone: Mr W. J. van Zyl or Mrs A. Oostendorp, Tel: (021) 808-5154/5163. For specifications, contact: Mr P. Keuck, Tel: (021) 808-5370, PeterK@elsenburg.com or A. Roux, Tel: (021) 808-5010/ AndreR@elsenburg.
African Police Services: Randfontein Police Station: Repairs and renovations excluding cell blocks and including central heating.
A compulsory site inspection on the 29 July 2011 at 12h00.
R500,00 CASH per set.
Please complete original ZNT 30 document when submitting quotation above R30 000 (thirty thousand rand) together with an original tax clearance certificate.
SUPPLY/SERVICE: Patient gowns dress blue toweling.
Size:XL-quantity: 100 units.
Tenderers are requested to submit their Quotations with ZNT 30 forms and Tax Clearance Certificates.
RE-ADVERT OF QUOTATION: Supply and delivery dairy product and other milk product (6 months contract).
SUPPLY: Supply and installations of CCTV Systems (to be on rental basis).
Closing date: 16/08/2011.
Contact person (specification): M.A. Ngidi Ext 197.
TENDER: Fumigation of pest (6 months contract).
Site meeting: 21/07/2011.
SERVICE: Upgrade of structural design for high care unit at Vryheid Hospital, Vryheid.
Closing date: 18/08/2011.
Compulsory site inspection (Yes): 27/07/2011.
CIDB Contractor Grading/Designation: 4SO or higher.
SERVICE: Replacing of water and sewer services at Eshowe Hospital, Eshowe.
CIDB Contractor Grading/Designation: 5SO or higher.
Compulsory site inspection (Yes): 28/07/2011.
Telegraphic, faxed, and late Bids will not be accepted. Bid documents may only be submitted on the Bid Documentation that is issued. Joint Venture/s are encouraged to bid as per CIDB Joint Venture calculator Building Communities through Construction/Sithuthukisa Imiphakathi Ngokwakha.
The Province of KwaZulu-Natal, Department of Transport, invites tenders from Established Contractors, experienced in bridge construction, for the construction of the Kwajolwayo Tugela River Pedestrian Bridge, near Tugela Ferry. The duration of the project will be 6 months.
The Established Contractor shall be registered in CIDB contractor grading designation 5CE/SL or higher. The Established Contractor is encouraged to Joint Venture with emerging contractors registered on the emerging contractor database of the KZN Department of Transport.
If a Joint Venture with the aforementioned established contractor is tendered, the Joint Venture Contractor shall have a contractor grading designation of 5CE/SL or higher calculated in accordance with the CIDB.
Tender documents will be available as from 10h00 on Friday, 22 July 2011, during working hours (i.e. 08h00 to 15h00 Monday to Friday) until 15h00 on the day prior to the Clarification Meeting.
The physical address for collection of tender documents is: Department of Transport, Acquisition Section, Ê»BÊ¼ Block, 172 Burger Street, Pietermaritzburg.
A non-refundable tender deposit of R200 payable in cash or by bank-guaranteed cheque made out in favour of Ê»Province of KwaZulu-NatalÊ¼ is payable on collection of the tender documents.
A compulsory Clarification Meeting with representatives of the Employer will take place at the Multi Purpose Centre, Tugela Ferry on Wednesday, 3 August 2011 starting at 10h00 and then proceeding to site. No latecomers will be admitted.
The closing time for receipt of tenders is 11h00 on Friday, 19 August 2011. Telegraphic, telephonic, telex, facsimile, electronic, e-mailed and late tenders will not be accepted.
All bid contract awards are subject to appeals being timeously lodged (if any) and letters of acceptance being issued.
To obtain the following bid documents, contact the telephone and facsimile numbers stipulated.
Please note: The Bid Box is situated in the foyer of the Department of Transport Head Office at 172 Burger Street, Pietermaritzburg.
SUPPLY: Supply of steel reinforcing.
Contract period: 2 years.
Closing date: 18 August 2011.
THE CONSTRUCTION OF BLACK MFOLOZI RIVER PEDESTRIAN BRIDGE No.
The Province of KwaZulu-Natal, Department of Transport, invites tenders from Grade 4CE or higher contractors to tender for the following project.
Contract No.
The venue for site clarification meeting is the Area Office Vryheid, located at 89 Van Riebeeck Street, Vryheid, and tender closure for the above project at 11h00 on 19 August 2011 at the offices of the Department of Transport, located at 172 Burger Street, Pietermaritzburg.
Tender documents will be available at the Department of Transport, Pietermaritzburg Office, during working hours (08h00 to 15h00) prior to the clarification meeting day.
A non-refundable deposit of R150,00 is payable (cash only) on collection of tender documents.
Queries relating to this tender may be addressed to: Department of Transport, Mr D. Bryan, Tel: (033) 355-0542.
SUPPLY: 400 units x star glow waverly blankets for single bd size 150 x 200 cm.
It is compulsory that bidders obtain bid documents, available from 22 July 2011 and 3 August 2011 (08h00 to 16h00, Monday to Friday, excluding weekends and holidays), from the Operations DepartmentÊ¼s Reception Area at the physical address mentioned below, upon payment of a non-refundable deposit of R300,00 per bid document by means of cash or Electronic Fund Transfer (EFT) only. For EFT payment please use your company name and the bid number as reference and bring along original proof payment when collecting bid document. A non-compulsory briefing session will be held at the MRC on 4 August 2011 at 10h00, at the address mentioned below.
Completed bids must be submitted in a sealed envelope bearing bidderÊ¼s name, address, bid description and number, and hand delivered or mailed to: Medical Research Council, Tender Box No. 1, Francie van Zyl Drive, Parow Valley, Tygerberg, 7580, Western Cape; and must arrive before the closing date and time. Late, faxed or e-mailed bids will not be accepted. One original and five copies of the completed bid document should be submitted.
All bids will be evaluated on a 80/20 preference point system in terms of the Preferential Procurement Policy Framework Act (Act 5 of 2000) and Regulations on the basis of functionality.
Bidders or other vendors are requested to register on the MRC supplier database. For registration please login to https://mrcescape.mrc.ac.
The closing date and time for the submission for bids is: Friday, 12 August 2011 at 11h00 am.
Guarantees for information security A dedicated Key Accounts Manager to be allocated to deal with HSRC queries, to maintain a high standard of customer relations at all times. Render service 24 hours a day, 7 days a week. Transport parcels of all sorts and sizes to a maximum of approximately 100 kg per parcel to any destination within the RSA. All prospective bidders are expected to obtain the bid documents that will be available between 08:00 and 16:00 at 134 Pretorius Street, HSRC Building. Bid documents will be sold for R300,00, VAT inclusive (non-refundable). Bid documents to be deposited in the Bid Box at the same address, as mentioned above. Bid documents submitted incomplete, late, unsigned and electronically, will not be considered. The Preferential Points System: 90/10.
Bid closing date: 5 August 2011 at 11:00.
The bid price will remain valid for at least 90 days after closing date of this bid.
NB: Only service providers who obtained a minimum score of 75% on functionality will be considered for the next evaluation stage.
The National Energy Regulator of South Africa (NERSA) is a regulatory authority established as a juristic person in terms of section 3 of the National Energy Regulator Act, 2004 (Act No. 40 of 2004). NERSAÊ¼s mandate is to regulate the electricity, piped-gas and petroleum pipeline industries in terms of the Electricity Regulation Act, 2006 (Act No. 4 of 2006), Gas Act, 2001 (Act No. 48 of 2001) and Petroleum Pipelines Act, 2003 (Act No. 60 of 2003).
NERSA requires the service of a Tariff Specialist with accounting competencies to assist NERSA to carry out the modelling and analysis for the review of tariffs applications and the verification of expenses of licensees.
Please quote Reference Number NERSA/1112/PPT/RTA/CON004 in all correspondence. Correspondence without a reference number will not be attended to.
The closing date and time for submissions is 11 August 2011 at 11:00 in accordance with Telkom time available through 1026. Submissions should be delivered into the tender box located in the reception area or at the counter in the reception area of the noted building, if it cannot fit into the tender box, during the hours stipulated in the bid document. The building is Kulawula House, 526 Vermeulen Street, Arcadia, Pretoria.
No late submissions will be considered.
Quotations must be on the official quotation form, which shall be completed in all respects, and all information must be stipulated in the quotation document.
The envelope must be addressed to the Department of Health: King Edward VIII Hospital, together with the quotation number and closing date.
The tender box is situated at the main entrance (Sydney Road).
Quotation documents are available from the Department of Health: King Edward VIII Hospital, Stores Department, Tel: (031) 360-3869 & Fax: (031) 205-3629.
SUPPLY: Gloves Exam Latex N/S P/Free Small.
Quantity: 3 800 boxes (box of 50-10 boxes per case).
Closing date: 01/08/2011.
SUPPLY: Gloves Exam Latex N/S P/Free Medium.
SUPPLY: Gloves Exam Natural Rubber Latex N/S P/Free Large.
Quantity: 3 800 boxes (50 prs per box-10 boxes per case).
SUPPLY: Swabs Gauze Sterile 100 x 100 x 8 ply.
Quantity: 350 cases (500 pouches per case).
SUPPLY: Swabs disposable sterile taped 370 x 450 x 4 ply.
Quantity: 120 boxes (5 swabs per pouch-48 pouches per case).
Quantity: 8 000 units.
SUPPLY: Paper sterilization green 1 000 x 1 400 (as per spec).
Quantity: 900 packets..
SUPPLY: Stainless steel bed drip stands (as per spec).
Quantity: 50 units.
SUPPLY: Bags garbage clear 970 x 760 mm (as per spec).
Quantity: 280 000 units (to be delivered in three phase).
SUPPLY: Bags garbage yellow 970 x 760 mm (as per spec).
Quantity: 128 000 units (to be delivered in three phase).
SUPPLY: Sets admin adult solution (with Luer Lock 20 drops) as per spec.
Quantity: 15 000 units.
Quotation documents are available from Benedictine Provincial Hospital Stores Department, Tel. (035) 831-7157, Fax. (035) 831-3241.
SUPPLY: 6 x infant warmer for the delivery room standing, manual & serve control set temperature & actual temperature displayed separately apgar or clock omer, inclination of infant bed adjustable failure alarms with indicators oxygen & suction equipment attached.
Closing date: 2011/08/05.
SUPPLY: 1 x maternity delivery bed with lithotomy poles, attachments, holder frame for the squarting position, trandelenburg & reverse trandelenburg position lever, back rest release lever, multi position clamps, protractile bed frame, drip stand adjustable, side rails with soft cover & reelining position.
SUPPLY: 6 x infant warmer, free standing, manual & serve control set temperature and actual temperature displayed separately apgar or clock omer, inclination of infant bed adjustable failure alarms with indicators oxygen & suction equipment attached.
Bid documents are available free of charge from Mintek, but will NOT be available as hard copies or electronic copies during the compulsory briefing sessions. Prospective bidders are advised to collect bid documents beforehand or to download them from the Mintek web page: http://www.mintek.co.
DESCRIPTION: Removal of one unit park home from north wing to south wing, hospital approx. 500 metres.
Compulsory site meeting: 2011/08/02 at 11.00.
Closing date: 2011/08/11 at 11.00.
NOTE: This advert serves to inform all prospective bidders that the advert which came out on the 15th July 2011 on this Bulletin relating to the tenders hereunder should be withdrawn and be replaced by this one.
1.SUPPLY/SERVICE: Supply and delivery of uniforms with a Departmental emblem for the newly appointed extension officers.
Closing date: 19 August 2011.
NB: Tender documents will be available from the Supply Chain Offices, Cedara (Pietermaritzburg) from the 25 July 2011. Bidders will be required to submit two (2) extra copies of bid documents plus the original. Bidders to please ensure that Bid Documents are clearly marked Original or Copy and are neatly binded together.
SUPPLY/SERVICE: Provision of security services in Cedara Complex and the Executive Building for a period of two years (24 months).
Compulsory briefing session: 2 August 2011.
Briefing session time: 10:00 am.
All enquiries relating to this Bid must be in writing and mailed to Lindelani. Dlamini@kzndae.gov.za NB: Tender documents will be available on the day of the Briefing. Bidders will be required to submit two (2) extra copies of bid documents plus the original.
2.SUPPLY/SERVICE: Invitation to be placed on an approved panel of service providers to provide training with regards to livestock and maintenance of livestock handling facilities for a period of twenty four months (2 years).
Compulsory briefing session: 4 August 2011.
BACKGROUND: Achieving and maintaining high levels of growth in the Agricultural Sector is a key national policy objective that holds a high priority in the programmes of the KwaZulu-Natal Department of Agriculture, Environmental Affairs and Rural Development. As well as contributing to economic growth, the sector has the potential to increase household incomes, promote commercialization in the smallholder farm sector, increase opportunities for skilled and relatively unskilled employment, and to increase food security. The Department has therefore prioritized the need to assist resource-poor and emerging farmers by providing capacity building and training in the fields of livestock production and animal health care.
SERVICE: Umzimkhulu Hospital: Air conditioning and ventilation installation to psychiatric ward.
CIDB Grading: 6 ME or if a joint venture of 2 x 5ME or 1 x 5 and 2 x 4ME.
Closing date: 2011/08/25.
SERVICE: Pietermaritzburg: Henryville Primary School: Upgrading of existing and new additions.
over core block.
Pietermaritzburg: Townhill Hospital: The upgrading of the main sewer line.
Pietermaritzburg: Table Mountain Primary School: Repairs and renovations.
Tenderers to meet at the Main Admin, Block 2.
9 classrooms, computer lab and 15 new pit toilets (Masakhe Project).
Closing date: 2011/08/26.
(ii) (iii) (iv) (v) (vi) (vii) (viii) Bids must be on the official bid form, which shall be completed in all respects. Bids must be submitted in sealed envelopes. Separate envelopes must be used for each bid. No faxed bids will be accepted as confidentiality of price is not guaranteed. The envelope must be addressed to the Department of Health, Edendale Hospital together with the bid number and closing date. The name and address of the quoting contractor must be endorsed on the back of the envelope. Contracts shall only be awarded to suppliers registered on the Provincial Suppliers Database. Bid documents must be deposited in the Bid Box situated at the back of the Security Office (Main Gate).
DESCRIPTION: 20 litre pedal bins-completely stainless steel x 71.
Closing date: 24 August 2011 @ 11h00.
DESCRIPTION: Tablet counting machine automatic x 3.
DESCRIPTION: Aspirators-electric high vacuum suction pump x 20.
DESCRIPTION: Supply and install of shelter next to transport.
Compulsory site inspection: 17 August 2011/11h00 @ Edendale Hospital (Stores).
Quotations must be submitted in sealed envelopes-no faxed copies will be accepted. Separate envelopes must be used for each quotation.
The envelopes must be addressed to the Department of Health: Uthukela District Health Office, Private Bag 9958, Ladysmith, 3370 (physical address: 60A Midblock Road, Alexandra Street, Ladysmith), together with the quotation number and closing date.
The name and address of the quoting supplier/contractor must be endorsed on the back of the envelope.
All Department of Health Contract awarded are subject to appeals being timeously lodged (if any) and letters of acceptance being issued.
For quotations exceeding R30 000 (thirty thousand rand), an original ZNT 30 form must be submitted. An original Tax Clearance Certificate must also be submitted regardless of the price.
Quotation documents will be handed out at the compulsory site meeting on 5 August 2011.
Quotation documents that are being posted are done at own risk. Uthukela District Health Office will not be held liable for any documentation that is being delayed by postal services.
Community Health Centre.
Closing date: 19/08/2011.
3.SUPPLY: Security services (six month contract): St Chads Community Health Centre.
The National Empowerment Fund Act No. 105 of 1998 established the National Empowerment Fund Trust (NEF), for the purpose of promoting and facilitating economic equality and transformation, by providing development finance for Blackempowered South African businesses and investment products in promoting savings and investment activity amongst Black South Africans. The NEF is an agency of the Department of Trade and Industry (the dti) and is committed to the implementation of the Board Based Black Economic Empowerment Act 55 of 2003 and Codes of Good Practice.
The NEF is seeking to register on its database experienced and high calibre Media Buyers as services providers and who demonstrate high levels of black ownership, Registered services providers will, from time to time, be used as Media Buyers of the NEF.
6.CIPRO Certificate. The database form will be available on the NEF Website: www.nefcorp.co.za as from 22 July 2011. The NEF reserves the right to appoint black empowered entities or on condition that a joint venture with a black empowered entity is formed.
Completed applications must be hand delivered to the NEF by no later than 14h00 on 12 August 2011.
Note: Faxed applications will not be accepted.
RFP No. 07/SWAD Machines for Docex/11/12/AM To appoint a service provider to supply, install, maintain and train the users of 6 SWAD Machines for DOCEX in Gauteng, Cape Town and Durban. Date of issue: 2011-07-19. Briefing session date: 2011-08-02 from 11:00 am to 12:00 pm Briefing session venue: South African Post Office, Supply Chain Management, Printing Boardroom 1, cnr.
A non -refundable fee of R300,00 is payable for RFP document.
Payments must be deposited into the Post OfficeÊ¼s Standard Bank Account No. 010547002. (Pretoria Branch, Code 010045). Deposit slips must indicate the bidderÊ¼s name and the RFP number and it must be handed over to the above Post OfficeÊ¼s Official at Silverton, Pretoria, upon collection of the bid document.
Briefing session for RFP is compulsory and non-attendance shall disqualify bidders.
A fee of R50,00 per document will be charged. Bidders are advised that the fee of R50,00 must be paid to the cashierÊ¼s office, Natalia Building, 330 Langalibalele Street, Pietermaritzburg (formerly Longmarket Street). The Bid document once paid for can be collected at Supply Chain Management.
SUPPLY: Supply of draw sheets: Central Provincial Stores.
Closing date: 2011-08-17.
SUPPLY: Supply of paper towels: Central Provincial Stores.
SUPPLY: Supply of home based care kits: Hast Unit.
SUPPLY: Supply of stainless steel pedal bins: Various institutions.
Closing date: 2011-08-18.
SUPPLY: Supply of heavy duty polished stainless steel airport chairs-clusters of five.
SERVICE: Repair evacuation door at Nurses Home Residence as per scope of work.
RFB 879/2011 RFB 878/2011 Request for bids to establish a panel of service providers for the provision of forensic auditing services to the State Information Technology Agency (SITA) for a period of two (2) years. A non-compulsory briefing session will be held on 28 July 2011 at Apollo Auditorium, 459 Tsitsa Street, Erasmuskloof, Pretoria at 13:30 pm Request for bids to establish a list of preferred service providers for Prime System Integrator (PSI) Industry Capability Partners to SITA for a period of three (3) years.
Bids are invited for the supply, delivery, installation and commissioning, at the Medical Research Council (MRC), Parrow Valley, Tygerberg, of a 400 litre autoclave complete with steam generator compatible with a water source at no less than 300 kPa and a continuous supply of three (3) phase electricity.
It is compulsory that bidders obtain bid documents, available from 22 July 2011 and 10 August 2011 (08h00 to 16h00, Monday to Friday, excluding weekends and holidays), from the Operations DepartmentÊ¼s Reception Area at the physical address mentioned below, upon payment of a non-refundable deposit of R300,00 per bid document by means of cash or Electronic Fund Transfer (EFT) only. For EFT payment please use your company name and the bid number as reference and bring along original proof payment when collecting bid documents.
Completed bids must be submitted in a sealed envelope bearing bidderÊ¼s company name, address, bid description and number, and hand delivered or mailed to: Medical Research Council, Tender Box No. 2, Francie van Zyl Drive, Parrow Valley, Tygerberg, 7580, Western Cape; and must arrive before the closing date and time. Late, faxed or e-mailed bids will not be accepted. One original and five copies of the completed bid document should be submitted.
Enquiries about bid process or banking details for EFT Payment may be directed in writing to Nonhle Mkhwanazi (nonhle.mkhwanazi@mrc.ac.za). The Bid Number should be quoted in all correspondence. No telephonic enquiries will be responded to.
The Playhouse Company is a Cultural Institution registered in terms of section 3 (1) of the Cultural Institution Act, 1988, to promote the Arts and Culture in KwaZulu-Natal.
Tender documents are available from 22 July 2011 at 29 Acutt Street at a non-refundable fee of R350, which should be handed to Ricky Porter (Ext 9507).
Closing date for the submission of completed tenders is: 24 August 2011 at 11h00. No late submissions will be considered. Submissions must be enclosed in a sealed envelope and addressed to: The Chief Executive Officer, at the above address.
The Tenderers are to assemble at the above venue for the official compulsory site briefing meeting and thereafter the Professional team will proceed to the 2 No. construction sites where the tenderers may familiarize themselves with the entailed works.
The subsequent site visits are not compulsory but encouraged.
Additions and Alterations to the existing building which include improvements regarding the upgrade and installation of ramps, chair lifts, etc. in order to comply with standards as outlined in the Department of Works "Guidelines for the design of existing buildings regarding compliance of facilities for disabled persons."
Upgrading of exiting ablutions to create additional disabled persons ablution facilities.
Providing a secure and easily accessible facility for public use.
General repairs and redecorations to specifically defined areas.
The envelope must be addressed to the Department of Health, Stanger Hospital, Private Bag X10609, Stanger, 4450, together with the bid number and closing date.
The Department is not obliged to accept the lowest bid.
Bid documents to be collected, no faxing or emailing, from the Department of Health, Stanger Hospital, corner King Shaka and Patterson Streets, Stanger, Tel: (032) 437-6000.
SUPPLY: Digital thermometers x 9 000.
Closing date 2011/08/08.
SUPPLY: Pencil Point Spinal Needle with introducer 22g x 4 000.
SUPPLY: Pencil Point Spinal Needle with introducer 26g x 4 000.
SUPPLY: Absorbent Gauze Swabs 220 x 220 mm x 16 ply (400 pkts).
SUPPLY: Absorbent Gauze Swabs sterile 100 x 100 mm x 8 ply (120 cases).
SUPPLY: Sets Administration, y site, 20 drops (160 box).
SUPPLY: Disposable Ê»Non-FoggingÊ¼ Surgical Visors (50 cases).
SUPPLY: Tow truck x 1.
SUPPLY: Camera Head for Laproscopic machine x 1.
SUPPLY: Harmonic Shear hand piece x 1.
SUPPLY: Administration Sets for Infusomat (60 box).
SUPPLY: Particulate Filter Respirator Mask: N95 (19 950 units).
ZNB 175/01/11 Supply and install extractor fans x 18 R.G.
ZNQ 323/11/12 Supply of dairy products, for the period of 12 months Somzamede Contracting 46.
ZNQ 324/11/12 Supply of red fresh meat, for the period of 12 months Cymes Contracting 66.
ZNQ 325/11/12 Supply of dry groceries, for the period of 12 months Ndumizu Contracting 62.
ZNQ 326/11/12 Supply of frozen foods, for the period of 12 months Full Swing Trading 92.
ZNQ 327/11/12 Supply of brown bread, 700 g, for the period of 12 months Vuvuzela Co-Operatives 79.
WCDOH 225/2010 Rendering of a case management service in order to manage the clinical and financial billing of a patient on behalf of the Western Cape Department of Health, for a two (2) year period Qualsa Healthcare (Pty) Ltd 10% of revenue collected (the percentage commission is fixed for the entire contract period) Black Equity: 1.74 Black Women Equity: 0.
DOC/28/2010/11/C Appointment of a service provider for supply of newspaper for two years to the Depart-ment R2 093 231,80 96.
ZNQ 271 of 2011 8 units, upgrading of hand wash basins at V.
DMR/001/2011/12 Re-invitation of bids for the procurement of transcribing services for inquiries/investigations into mine accidents in the Department of Mineral Resources, for the period of 2 years Amazima Trading R860,00 p/h Ms N.
NB: All contracts awards are subject to no appeals lodged within 5 working days from date of this advertisement.
6 National Department of Public Works, Johannesburg Regional Office, 78 De Korte Street, corner of De Korte and De Beer Streets, Private Bag X3, Braamfontein; bids/tenders to be deposited in the tender/bid box at the main entrance at the Ground Floor at 78 De Korte Street, Braamfontein.
7 Department of Public Works, 21-23 Market Square, Old Magistrates Building, Kimberley, 8301; or Private Bag X5002, Kimberley, 8300; or deposited in the tender box at the entrance at 21-23 Market Square, Old Magistrates Building, Kimberley, 8301. Enquiries: Ms G. Aysen/F. Lemmetjies Office hours: 07:30-12:45 and 13:30-16:00 Tel.
110 SA Police Service, 117 Cresswell Road, Silverton, 0127; Private Bag X254, Pretoria, 0001; or deposited in the tender box at A-Block, First Floor, West Wing, Room 5104. NB: Prospective tenderers can come and collect the tender documents themselves or can request it by fax.
Office hours: 08:00-15:30 265 Department of Transport and Public Works: Provincial Roads and Transport Management Branch, Second Floor, Tender Office, Provincial Building, 9 Dorp Street, Cape Town, 8001, or P.O. Box 2603, Cape Town, 8000; or deposited in the tender box at Ground Floor, Provincial Building, 9 Dorp Street, Cape Town, 8001; or P.O. Box 2603, Cape Town, 8000. Enquiries: Mr J.
307 Groote Schuur Hospital: Supplies Department, Tender Office Room 51/53, F46, First Floor, Old Main Building, or Groote Schuur Hospital, Old Main Building, Observatory, Cape, 7935, or Private Bag, Observatory, 7935; or deposited in the tender box at entrance foyer (adjacent to security office) main entrance, Old Main Building, Groote Schuur Hospital. (Access:24 hours per day-7 days per week) Enquiries: Mr G Craul, Tel. (021) 404-3520/gcraul@pgwc.gov.za Office hours: 07:30-13:00 and 13:30-16:00 352 Department of Transport and Public Works: Provincial Administration: Western Cape, 9 Dorp Street, Cape Town, 8001; or Private Bag X9078, Cape Town, 8000; or deposited in the tender box in the Foyer, 9 Dorp Street, Cape Town. Enquiries: Josef Benjamin/Ms N.
415 Western Cape Education Department, Ground Floor, Grand Central Building, Lower Plein Street, Cape Town, 8001; or Private Bag X9114, Cape Town, 8000; or deposited in the tender box on Ground Floor, Grand Central Towers, Lower Plein Street, Cape Town, 8000. Enquiries: Mr B. Stoffels/Mr A. Davids Office hours: 07:30-16:00 Tel: (021) 467-2759/2750/(021) 467-2257 Mondays to Fridays Fax: (021) 467-2996 500 Head of Department: Department of Human Settlements, 27 Wale Street, Cape Town, 8001, or Private Bag X9083, Cape Town, 8000; or deposited in the tender box at foyer, 27 Wale Street, Cape Town, 8000. Enquiries: O.
900 Name of department: Procurement. Street address: NHLS, 1 Modderfontein Road, Sandringham, Johannesburg; E-mail/fax: A non-refundable charge of R500,00 is payable prior to obtaining a tender document. The monies should be deposited into the account of the NHLS, First National Bank, Parktown, Account No. 58811152924, Branch Code 250455. Proof of payment should be sent via Fax: (011) 386-6303, or E-mail to marietjie.taylor@nhls.ac.za or nolly.mangolele@nhls.ac.za upon which the tender document will be e-mailed. Tenders may also be collected from the above street address after payment has been made.
Or deliver bid to: Procurement Manager: NHLS, tender box address: Reception, 1 Modderfontein Road, Sandringham, Johannesburg. If instrumentation is requested and the potential supplier is not known to the NHLS, please arrange for any evaluations on quality assurance checks to be done via Mr H Miles: QA Manager on (011) 386-6142.
955 Wholesale and Retail SETA, 224 Witch-Hazel Street, Highveld Techno Park, Centurion, Pretoria; or tender box address at Reception Area. Enquiries: Tenders@wrseta.org.
<fn>GOV-ZA.2689En.2012-02-10.en.txt</fn>
Correction notice on closing date: Invitation to bid for the purchasing and/or lease to purchase options of office space. Bid request documents will be available on the SANAS website www.sanas.co.
Supply and delivery of four (4) 23 ton articulatred dump trucks to for Directorate Construction. NB: A non-refundable deposit of R200 is payable on obtaining of bid documents. For technical information: Mr J. D.
The supply and delivery of two (2) 175 kw crawler tractors for DWA: Construction. NB: A non-refundable deposit of R200 is payable on obtaining of bid documents. For technical information: Mr J. D.
The supply and delivery of concrete sand to S1 balancing dam near Jacobsdal in the Free State. NB: A non-refundable deposit of R100 is payable on obtaining of bid documents. The cashiers office is open till 14h30 for deposit payments.
The supply and delivery of concrete stone to Vlakfontein Canal near Standerton in Mpumalanga. NB: A non-refundable deposit of R100 is payable on obtaining of bid documents.
The supply and delivery of rip-rap stone to the Smalblaar River near Rawsonville in the Western Cape. NB: A non-refundable deposit of R100 is payable on obtaining of bid documents.
The supply and delivery of four (4) construction motor graders for DWA: Construction. NB: A non-refundable deposit of R200 is payable on obtaining of bid documents. For technical information: Mr J. D.
PPECB requires the services of contractors to design the interior of the lab and construct. A compulsory site visit will be held at Centurion Close, 119 Gerhard Street, Centurion, at 11 am-1 pm. Contact: Dr Naicker, on (012) 804-6826/5. A non-refundable R200,00 for the bid documents must be paid into PPECB Account: Standard Bank, Account No.
Bid for the supply and delivery of anaesthetic requirements including regional anaesthesia requirements to all hospitals/ institutions under the control of the Department of Health, Western Cape Provincial Government, for a three year period. Bid documents will only be available electronically. Please send written requests for documents with full company and contact details to Miss A de Kock at E-mail adekock@pgwc.gov.za or Fax to (021) 483-2530 or 086 606 2056. A non-refundable fee of R50,00 will be payable for hard and electronic copies of bid document. Payments in cash only must be deposited into the Department of HealthÊ¼s account. Internet transfers (EFTs) are also acceptable. Bank and branch: Nedbank Cape Town. Branch code: 14 52 09. Account No.: 1452 045 097.
Department of Health. NB: Successful bidder can be downloaded from www.info.gov.
anti-fungal, antiprotozoal and anti-viral agents to the Department of Health. NB: Successful bidders can be downloaded from www.info.gov.
See Annexure 1, Page 74 1.
Complete Turn-Key Theatre System.
Leadership, Uganda, Mubende District. Collection date: 29 July 2011 until 5 August 2011. Meeting date and time: 11 August 2011 at 09h00 sharp.
(a) Complete Yag Laser Required at the following: 1 Military Hospital (Eye Clinic). Collection date: 29 July 2011 until 5 August 2011. Meeting date and time: 12 August 2011 at 09h00 sharp.
Please note: A non-refundable fee of R50,00 will be charged for all bid documents issued to prospective bidders for all formal bids invited by this Department.
Supply, installation and commissioning of one (1) new complete rubberstamp manufacturing system with capacity to produce multi-colour rubberstamps, at the Government Printing Works, Pretoria, Republic of South Africa. Please note: A non-refundable payment of R50,00 is payable at Government Printing Works cashiers, Bosman Street entrance, before collecting bid documents from Room 17.
General building repairs: Macassar Primary School, Macassar. Designated Grading: 2GB or higher. Technical information: Mr A. H. Hart, 083 641 5167.
General repairs including electrical: (grouped schools) Jurie Hayes Primary School, Weston Secondary School, Panorama Primary School, Eden Primary School, Saldanha. Designated Grading: 3GB or higher. Technical information: Mr S. Bassier, 083 641 5020.
General building repairs: Somerset West Primary School, Somerset West. Designated Grading: 3GB or higher. Technical information: Mr A. H. Hart, 083 641 5167.
General building repairs and renovations: (combined schools) Belhar Primary School and Senior Secondary School, Bellville Primary School. Designated Grading: 3GB or higher. Technical information: Mr I. Damon, 083 641 5084.
"MamaÊ¼s Special" General building repairs: Fractreton Primary School, Maitland. Designated Grading: 2GB or higher. Technical information: Mr M. R. Rylands, (021) 483-3503.
General building repairs: Hermanus Secondary School, Hermanus. Designated Grading: 3GB or higher. Technical information: Mr A. H. Hart, 083 641 5167.
"MamaÊ¼s Special" General repairs, bathroom upgrade internally including fire detection: Brooklyn Chest Hospital, Brooklyn. Designated Grading: 3GB or higher. Technical information: Mr A. K. Nyembezi, (021) 483-6841.
Maintenance and servicing of compressors and vacuum pumps at NHLS Head Office, Sandringham. Compulsory site meeting: 5 August 2011, 10h30 at Reception, NHLS Head Office, 1 Modderfontein Road, Sandringham, Johannesburg. Enquiries: Ms I. Strydom/Ms N. Tomotomo, Tel: (011) 386-6237/(011) 885-5352. Technical queries: Mr M.
Bank and Branch: Nedbank, Cape Town Branch code: 14 52 09 Account No: 1452 045 097 Deposit slips must reflect bid number and bidderÊ¼s name and must be e-mailed/faxed or handed over on collection or electronic request of bid documents. Documents are available electronically. Please submit requests with full company and contact details to dtong@pgwc.gov.za Contact person: Miss D. Tong, Tel. No: (021) 483-3987. Rendering of a cleaning service at the Karl Bremer HospitalÊ¼s Nurses Home, Bellville. NB: A compulsory site visit will be held on Tuesday, 16 August 2011 at 10h00-13h00, at 2nd Floor, Nurses Home, Karl Bremer Hospital, c/o Mike Pienaar Boulevard and Frans Conradie Drive, Bellville. Please note that offers from bidders who do not attend this meeting will not be considered. A non-refundable fee of R50,00 will be payable for hard and electronic copies of bid documents.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 05-08-2011 at 14h00. Prospective tenderers to meet at Losperfontein Prison. Note: Documents will be sold at a non-refundable deposit of R100,00 CASH per set. Technical information: Patric Mosebi, 082 802 1744. General enquiries: Badisa Motlhatlhedi, Tel: (018) 386-5308 Losperfontein Prison: Installatioon of facilities for people with disability. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 3 GB or 3 GB* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 2 GB PE or 2 GB PE* or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
Rendering of medical waste services, Nationally. Enquiries: Ms I. Strydom/Ms N. Tomotomo, Tel: (011) 386-6237/(011) 885-5352. Technical queries: Mr D.
The premises offered must make provision for the following: Must be located within a radius of 1 km from the Springbok CBD area. Condition of building: Paint, no cracks and in general good condition. Must comply with National Building Reguations Carpets or tiles for floor covering. Air-conditioning in all offices, conference rooms and tea rooms Burglar bars on all windows and blinds. Must comply with OHS (disabled toilet, access entrance: public and disabled, fire-fighting equipment, evacuation plan & CoC). Parking bays on site and alarm system. Interested parties are invited to offer suitable office accommodation of 137.31 m2 total lettable areas and 1 under cover, lockable and secured parking bays as described below for National Department of Public Works, Kimberley, in an existing building in Upington.
Note: Documents will be sold at a non-refundable deposit of R50,00 CASH per set. Contact for bid information: Mrs G. Aysen, Tel: (053) 838-5221. General enquiries: Ms A.
Supply and install medical air equipment: Knysna Hospital, Knysna. Designated Grading: 2ME or higher. Technical information: Mr F. A. Meyer, 083 641 5047.
Provision of dedicated learner transport services on subsidized contract in selected schools at uMzinyathi District. Compulsory briefing session: Date: 4 August 2011. Time: 11:00 am. Venue: Department of Transport: Head Office, McDonald Theatre, L-Block, 172 Burger Street, Pietermaritzburg). Contract period: 3 years. Please note: Bid documents are obtainable from the Department of Transport (Acquisitions Section, B Block), 172 Burger Street, Pietermaritzburg. All bid awards are subject to appeals being lodged (if any) and letters of acceptance being issued. Please note: The bid box is situated in the foyer of the Department of Transport Head Office, 172 Burger Street, Pietermaritzburg. Contact person: Sandile Nkala, Tel: (033) 355-8975.
No site inspection. Note: Documents will be sold at a non-refundable deposit of R700,00 CASH per set. Contact for bid information: Ms Bongi Nyalungu/Mr Josias Raphesu, Tel. No: (012) 310-5043/(012) 310-5965. General enquiries: Project Manager: Vuyiswa Moyane, Tel. No: (012) 310-5130 SANDF: A new lease for Defence Material Division: Project Officers for 3 364.18 m2 and 45 parking bays: Accomodation must be situated at Faerie Glen or Erasmuskloof.
Request for proposal: Bidders are hereby invited to submit proposals for: Feasibility study to develop a Gauteng Land Development Fund. RFP documents are obtainable at Imbumba House, 75 Fox Street, Marshalltown, Ground Floor, Tender Issue Desk, or online at www.finance.gpg.gov.za, go to Economic Opportunities/Tenders. NB: Highly recommended briefing session: Date: 11 August 2011. Time: 10h00. Venue: Gauteng Fund Project Office, 82 Grayston Drive, 2nd Floor, Sandton. Technical enquiries: Eamon Marais, Tel: (011) 290-6624 or eamon.marais@gautengfund.co.za Administrative enquiries: Salome Parage, Tel: (011) 689-6711 or nkeke.parage@gauteng.gov.za/Jaco Smit, Tel: (011) 689-6058 or Jacob.smit@gauteng.gov.
Amendment of request for proposal: Bidders are hereby invited to submit proposals for: Appointment of a list of pre-qualified legal advisory service providers to render legal support to the Gauteng Fund Project Office (GFPO) on Specialised Legal Matters. RFP documents are obtainable at Imbumba House, 75 Fox Street, Marshalltown, Ground Floor, Tender Issue Desk, or online at www.finance.gpg.gov.za, go to Economic Opportunities/tenders. NB: Highly recommended briefing session: Date: 10 August 2011. Time: 10h00. Venue: Gauteng Fund Project Office, 82 Grayston Drive, 2nd Floor, Sandton. Technical enquiries: Eamon Marais, Tel: (011) 290-6624 or eamon.marais@gauteng.gov.za Administrative enquiries: Salome Parage, Tel: (011) 689-6711 or nkeke.parage@gauteng.gov.za/Jaco Smit, Tel: (011) 689-6058 or Jacob.smit@gauteng.gov.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 11-08-2011 at 12:00. Prospective tenderers to meet at Mossel Bay Prison. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Ms R Mouton, Tel: (021) 402-2076/7. Technical information: Mr JP Kriel, Tel: (021) 402-2026/ 082 815 6572 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 6 points the 1983 and 1993 Constitutions (b)Who is a female 3 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b)points (c)points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Mossel Bay Prison: Upgrade of kitchen and refurbishment of equipment. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 5 GB or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 4 GB PE or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 03-08-2011 at 12:00. Prospective tenderers to meet at Saldanha Bay Harbour: Fishing Compliance Office. Note: Documents will be sold at a non-refundable deposit of R100 CASH per set. Contact for tender information: Ms R Mouton, Tel: (021) 402-2076/7. Technical information: Mr M Murphy, Tel: (021) 402-2264/ 082 815 6559 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 6 points the 1983 and 1993 Constitutions (b)Who is a female 3 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b)points (c)points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Saldanha Bay Harbour: Repair and maintenance of buildings, civil infrastructure and electrical installations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 3 GB or 3 CE*or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 2 GB PE or 2 CE PE* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 04-08-2011 at 11:00. Prospective tenderers to meet at Still Bay Harbour: Fishing Compliance Office. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Ms R Mouton, Tel: (021) 402-2076/7. Technical information: Mr M Murphy, Tel: (021) 402-2264/ 082 815 6559 Still Bay Harbour: Repair and maintenance of buildings, civil infrastructure and electrical installations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 3 GB or 3 CE*or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 2 GB PE or 2 CE PE* or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 6 points the 1983 and 1993 Constitutions (b)Who is a female 3 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 03-08-2011 at 09:00. Prospective tenderers to meet at Laaiplek Harbour: Fishing Compliance Office. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Ms R Mouton, Tel: (021) 402-2076/7. Technical information: Mr M Murphy, Tel: (021) 402-2264/ 082 815 6559 The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 6 points the 1983 and 1993 Constitutions (b)Who is a female 3 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.2 EC is applicable) (b)points (c)points Total must equal 10 or 20 points 10 points Price and quality weighting: Quality: 0% Price: 100% Total must equal: 100% Laaiplek Harbour: Repair and maintenance of buildings, civil infrastructure and electrical installations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 5 GB or 5 CE*or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 4 GB PE or 4 CE PE* or higher.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 02-08-2011 at 10:00. Prospective tenderers to meet at Hermanus Harbour: Slipway. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for tender information: Ms R Mouton, Tel: (021) 402-2076/7. Technical information: Mr M Murphy, Tel: (021) 402-2264/ 082 815 6559 Hermanus Harbour: Repair and maintenance of mechanical installations, slipway and crane. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 ME or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 3 ME PE or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 6 points the 1983 and 1993 Constitutions (b)Who is a female 3 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 05-08-2011 at 11:00 am. Prospective tenderers to meet at Nelspruit Military Sub Base. Note: Documents will be sold at a non-refundable deposit of R100,00 CASH per set. Contact for tender information: Ms S. Maphumulo, Tel: (013) 753-6300. General enquiries: Mr J.J. Khoza, Tel: (013) 753-6300 Replace kitchen equipment at Nelspruit Military Sub Base. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 3 ME or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 2 ME PE or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
A compulsory site inspection on the 08/08/2011 at 10h00 am. Prospective bidders/tenderers to meet at National Department of Public Works, Ground Floor, Board Room. Note: Documents will be sold at a non-refundable deposit of R200 CASH per set. Contact for bid information: Sibongile Masuku, (031) 314-7213. General/technical enquiries: Charles Libago, 082 452 6082 Business hours: 07h45 to 12h45 13h30 to 14h00 National Department of Public Works Regional Office and Liberty Towers: Provision of security services at corner of Samora Machel and Dr Pixley Ka Seme: 24 months contract. This bid/tender will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/Functionality Historically Disadvantaged Individuals (HDI) Persons who had no 4 points Price: 100 % (of 90) franchise in the national elections before the 1983 and 1993 Constitutions Total must equal: 100% (of 90) Who is a female 5 points Quality/Functionality: 0% Persons with disability: 1 point Minimum Funct.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on the 16-08-2011 at 10h00 am. Prospective tenderers to meet at Sundumbili SAPS. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. Contact for tender information: Sibongile Masuku, Tel: (031) 314-7213. General enquiries: N.S. Mchunu, 082 452 6102 Business hours: 07h45 to 12h45 13h30 to 14h00 Sundumbili SAPS: Repairs and renovations. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 4 GB or 4 GB* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 3GB PE or 3 GB PE* or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
Construction of two (2) x 1 500 bird broiler units including the supply and delivery of the required inputs for the Ekuhlengeni Community Project, situated in the Abaqulusi Local Municipality under the Zululand District Municipality: KwaZulu-Natal. Compulsory clarification meeting: Date: Thursday, 11 August 2011. Time: 09h00. Venue: Vryheid District Land Reform Office, 160 High Street, Vryheid. NB: PPPFA Principle applicable: 90-10. For more information contact: Mr A. Dalais or Ms M. Reddy on (033) 264-9500. For any technical enquiries contact: Mr P. Africander on (034) 980-9469. NB: The Department of Rural Development and Land Reform reserves the right to cancel the contract, or not to make an appointment on this project.
Construction of two (2) x 1 500 bird broiler units including the supply and delivery of the required inputs for the Bethel Community Project, situated in the Abaqulusi Local Municipality under the Zululand District Municipality: KwaZulu-Natal. Compulsory clarification meeting: Date: Thursday, 11 August 2011. Time: 09h00. Venue: Vryheid District Land Reform Office, 160 High Street, Vryheid. NB: PPPFA Principle applicable: 90-10. For more information contact: Mr A. Dalais or Ms M. Reddy on (033) 264-9500. For any technical enquiries contact: Mr P. Africander on (034) 980-9469. NB: The Department of Rural Development and Land Reform reserves the right to cancel the contract, or not to make an appointment on this project.
Construction of two (2) x 1 500 bird broiler units including the supply and delivery of the required inputs for the Esihlengeni Community Project, situated in the Abaqulusi Local Municipality under the Zululand District Municipality: KwaZulu-Natal. Compulsory clarification meeting: Date: Friday, 12 August 2011. Time: 09h00. Venue: Vryheid District Land Reform Office, 160 High Street, Vryheid. NB: PPPFA Principle applicable: 90-10. For more information contact: Mr A. Dalais or Ms M. Reddy on (033) 264-9500. For any technical enquiries contact: Mr P. Africander on (034) 980-9469. NB: The Department of Rural Development and Land Reform reserves the right to cancel the contract, or not to make an appointment on this project.
The South African Qualifications Authority (SAQA) is in the process of setting up National Career Advisory Services. Research is needed to ascertain: The most effective methods of communicating careers information to all South Africans in the poor and rural areas so as to provide the country with increased employment and selfemployment opportunities. (1) The most effective ways of promoting careers advisory services in general-in both urban and rural communities; and (2) the effectiveness of Careers Exhibitions as components of national career advisory services in particular-in both urban and rural communities. A hard copy of bid document is available from SAQA, SAQA House Building, 1067 Arcadia Street, Hatfield, Pretoria. A soft copy (electronic version) will also be available. Please forward request for soft copy via e-mail to: Lenette Venter: Iventer@saqa.org.
Appointment of a PSP: Support for the implementation and maintenance of water reconciliation strategy for the Western Cape Water Supply Scheme. For technical information: Mr T.A. Thobejane, Tel: (012) 3367869. A compulsory briefing session is scheduled: Venue: 845 Sedibeng Building, 185 Schoeman Street, Pretoria. Date: 17 August 2011.
Sports Complex in Jacobsdal including flood light installation. It is estimated that bidders should have a CIDB contractor grading as follows: Civil Works: 5 CE or higher. NB: A compulsory clarification meeting with representatives of the Employer will take place 11th August 2011 at Ratanang Sports Complex Community Centre, Jacobsdal, commencing at 11:00. Date documents available: 1 August 2011. Time documents available: 07h30-12h45 and 13h30- 15h30. Pretoria Office: Department of Rural Development and Land Reform, Ground Floor, Old Building, 184 Jacob Mare Street, Pretoria. From: Ms R.
The provision of civil services for upgrading of the Ratanang Sports Complex in Jacobsdal, including flood light installation. Bloemfontein Office: Department of Rural Development and Land Reform, SA Eagle Building, 136 Maitland Street, Bloemfontein, 9330 From: Ms W. Mkhize, Tel: (051) 447-8465. Non-refundable deposit (cash only): R400,00. For further enquiries refer to below contacts: Technical enquiries: Mr Pieter Cilliers, Tel: (051) 447-8911/083 632 1176. Fax: (051) 447-8976. E-mail: pieter.cilliers@ aurecongroup.com Bid related enquiries: Ms Rashida Goolam, Tel: (012) 312-8369. Fax: (012) 323-7235, RGoolam@ruraldevelopment.gov.za Mr C. Heimann, Tel: 082 928 4123, cheimann@ruraldevelopment.gov.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 12-08-2011 at 11h00. Prospective tenderers to meet at Lichtenburg Police Station. Note: Documents will be sold at a non-refundable deposit of R100,00 CASH per set. Technical information: Thomas Moeng, Tel: (018) 386-5233. General enquiries: Badisa Motlhatlhedi, Tel: (018) 386-5308 Lichtenburg SAPS: Replacement of air-conditioning system. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 3 ME or 3 ME* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 2 ME PE or 2 ME PE* or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
This tender will be evaluated commensurate with the applicable scoring model at the time of evaluation. A compulsory site inspection on 11-08-2011 at 11h00. Prospective tenderers to meet at Potch Home Affairs. Note: Documents will be sold at a non-refundable deposit of R500,00 CASH per set. Technical information: Thomas Moeng, Tel: (018) 386-5233. General enquiries: Badisa Motlhatlhedi, Tel: (018) 386-5308 Potchefstroom Home Affairs: Repairs and renovations to existing facilities. CIDB Contractor grading designation required: It is estimated that tenderers should have a CIDB contractor grading designation of 7 GB or 7 CE* or higher. It is estimated that potentially emerging enterprises should have a CIDB contractor grading designation of 6 GB PE or 6 CE PE* or higher. The following criteria is applicable: Preference: 1.Historically Disadvantaged Individuals (HDI) (a)Persons who had no franchise in national elections before 7 points the 1983 and 1993 Constitutions (b)Who is a female 2 points (c)Persons with disability 1 point 2.Other specific goals (according to the PPPFA) (a)Contract participation goal by awarding contracts to targeted points enterprises (Tender and Contract Conditions PA-16.
Appointment of a bidder to conduct external audit for the NDOH and centrers for disease control and prevention (CDC) cooperative agreement. NB: Bid documents can be downloaded from www.doh.gov.za Bid enquiries: Mr T. Prinsloo, Tel: (012) 395-8931. Technical enquiries: Mr M.
Appointment of a service provider to establish an APN network for the Department of Social Development, National, Provincial, District and Local Information Centres. Hard copies of bid documents are obtainable from the Department of Social Development at an all inclusive cost of R50,00 per document. Alternatively a soft copy of the bid document can be e-mailed free of charge or can be retrieved from the DepartmentÊ¼s website at www.dsd.gov.
Appointment of a service provider to provide storage facilities for the microfilm rolls for the Deeds Registry, Pretoria and Mpumalanga, for a period of twenty-four (24) months. Closing date: 24 August 2011 at 11h00. Bid documents are obtainable from the Department of Rural Development and Land Reform: Office of the Chief Registrar of Deeds, Bosman & Pretorius Street, Rentmeester Building, Pretoria, 0001; and Office of the Registrar of Deeds: Pretoria, corner Bosman and Pretorius Streets, Merino Building; and Office of the Registrar of Deeds: Mpumalanga, 25 Bell Street, Nelspruit; and on website http://www.ruraldevelopment.gov.za NB: Compulsory briefing session will be held on Wednesday, 10 August 2011 @ 10h00 at the Office of the Registrar of Deeds: Pretoria (Execution Room) at the address mentioned above. For directions to the venue, please call (012) 338-7000. Sealed documents marked with the bid number and description must be deposited in the bid box, located in the entrance of the Department of Rural Development and Land Reform at 184 Jacob Mare Street, Old Building, Pretoria, 0001, not later than 11h00 on 24 August 2011. No late/faxed/e-mailed proposals will be accepted. NB: The Department of Rural Development and Land Reform reserves the right not to award the bid, or may award the contract as a whole to one service provider or in parts to various service providers. Bid administration enquiries: Lutendo Rashango/Khazwinake Mphephu, Tel: (012) 338-7337/5057. Technical enquiries: L. T.
Appointment of a professional service provider for the development of a climate change status quo analysis and a climate change strategy for Water Resources. NB: Bidders are requested to submit 2 copies (1 original and 1 copy). For technical information: Ms S. K.
A compulsory site inspection on the 4 August 2011 at 11h00. Prospective bidders/tenderers to meet at main entrance of SAPS Brakpan. CIDB requirements-6 GB or 5GB PE. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. Contact for bid information: Mr James Lesejane, Tel No: (011) 713-6233/Moeketsi Mosila, Tel. No: (011) 713-6118. General enquiries: Mr Samson Khumalo (Project Manager), Tel. No: (011) 713-6263/082 411 1250 National Department of Public Works invites tenders for South Africa Police Services: Brakpan Police Station: Repairs and renovations to Barracks. This bid will be evaluated in terms of: 90/10 point scoring system Preference: Price and quality/functionality: Historically Disadvantaged Individuals (HDI) Persons who had no 2 points Price: 100% (of 90) franchise in national elections before the 1983 and 1993 Constitutions Who is a female: 1 point Quality/Functionality: 0% (of 90) Persons with disability: 1 point Other: 6 point Total must equal: 10 points Total must equal: 100% (of 90) Brakpan JHB.
Appointment of a restaurant operator at Karoo Desert National Botanical, Worcester. Enquiries: Mr Werner Voigt, Tel: (023) 347-0785. NB: Compulsory briefing session will be held at the Karoo Desert National Botanical Garden on the 12 August 2011 at 11h00, at the Garden Offices, Karoo Desert National Botanical Garden, Worcester (Roux Road, Panorama, off National Road, Worcester). NB: Please note that no tender documents will be issued at the briefing session. Bidders are requested to download the tender documents on the website, www.sanbi.
Appointment of a restaurant operator at Free State National Botanical. Enquiries: Mr Eliot Lithudzha, Tel: (051) 436-3530. NB: Compulsory briefing session will be held at the Free State National Botanical Garden, on the 11 August 2011 at 11h00, at the Admin Offices, Free State National Botanical Garden, Bloemfontein (Rayton Road, off Dan Pienaar Drive, R702). NB: Please note that no tender documents will be issued at the briefing session. Bidders are requested to download the tender documents on the website, www.sanbi.
Appointment of a service provider to render media monitoring and analysis services to the Department of Transport. NB: Compulsory briefing session will be held as follows: Date: 12 August 2011. Time: 10h00. Venue: Fish Eagle Boardroom at Department of Transport, 159 Forum Building, cnr. Bosman and Struben Street in Pretoria. Contact persons: Bid administration: Mr J. Mashininini/Mr L. Mashile/Ms S. Motaung, Tel: (012) 309-3045/3429/3920. For technical enquiries: Mr Sam Monareng, Tel: (012) 309-3979, E-mail: MonarengS@dot.gov.
A compulsory site inspection on the 17-08-2011 at 11h00 to 13h00. Prospective bidders/tenderers to meet at Ekurhuleni Metropolitan Municipality, Civic Centre, KemptonPark- Council Chambers Boardroom. Note: Documents will be sold at a non-refundable deposit of R200,00 CASH per set. General/Technical enquiries: Pearl Mkansi, Tel. No: (012) 337-3231. Contact for bid information: Easy Lephale, Tel. No: (012) 337-3000/3150 Mentiorship services on the EPWP VukÊ¼uphile Learnership Programme for Ekurhuleni Metropolitan Municipality in the Gauteng Province.
To conduct a cost benefit analysis for the establishment of a provincial air quality monitoring laboratory.
The calibration and accreditation of eleven (11) ambient air quality monitoring stations. Please note: The compulsory briefing/information session will take place at: Date: 8 August 2011. Time: 14:00 pm. Venue: 1 Dorp Street, Cape Town.
Appointment of a suitable service provider to render general cleaning services for a period of twenty-four (24) months to SSC-WC and NGI at Van der Sterr Building, Mowbray, Cape Town. Please note that a compulsory briefing session will be held on: Date: Friday, 12 August 2011. Time: 10:00 am. Venue: Van der Sterr Building, Rhodes Avenue, Mowbray, Cape Town, Mutingati Boardroom. Failure to attend briefing session will invalidate your bid. Bid documents can be obtained from the departmental website and will also be distributed during the briefing session. Technical enquiries: Mr M Kamedien, Tel: (021) 658-4317, during office hours only.
for Directorate Construction.
Tender for the harvesting and sale of oversized gum saw timber in all Departmental plantations at Gomo, Nququ, Mnyameni, Ngqamakhwe, Mazizini, Ngunduza, Camama, Tamara, Hoyana, Kei Mouth, Kentani, Mgomazi, Mission, Mncozo, Mnyolo, Tsojana, Langanci, Bencuti, Sulenkama, Qumbu, Sapompolo, Ntywenka, Mtamo, Caba, Mbophelelo Fort Donald, Elubaleko, Papane, Libode, Lutubeni, Sebeni, Xosheni, Zibungu, Wilo and Longweni Eastern Cape Province, for a period of twelve (12) months. Compulsory briefing session at: Date: 11 August 2011. Time: 10h00. Venue: Department of Agriculture, Forestry and Fisheries, PRD Building, cnr. Durham and Southerland Street, Mtata, 5100. Technical enquiries: T. N. Ngamile, Tel: (043) 604-5442/ 082 802 6574 Department of Agriculture, Forestry and Fisheries (All Departmental Plantation in Eastern Cape) 4.4.12.
The envelopes must be addressed to the Department of Health: Uthukela District Health Office, Private Bag X9958, Ladysmith, 3370 (physical address: 60A Midblock Road, Alexandra Street, Ladysmith), together with the quotation number and closing date.
Bid number: ZNQ42/11-12.
Closing date: 15/08/2011.
The envelope must be addressed to the Department of Health, Wentworth Hospital, together with the quotation number and closing date.
SUPPLY: Quotation number: Closing date: Closing time: Contact person: Contact details: Vacuum extractor-complete with cups-all sizes x 1. ZNQ 249/2011. 16 August 2011. 11:00. D.M. Govender. (031) 460-5313.
SUPPLY: Quotation number: Closing date: Closing time: Contact person: Contact details: Dental curing light x 1. ZNQ 250/2011. 16 August 2011. 11:00. D.M. Govender. (031) 460-5313.
SUPPLY: Quotation number: Closing date: Closing time: Contact person: Contact details: Cardiotocograph monitor x 1. ZNQ 251/2011. 16 August 2011. 11:00. D.M. Govender. (031) 460-5313.
SUPPLY: Quotation number: Closing date: Closing time: Contact person: Contact details: Diathermy machine x 1. ZNQ 252/2011. 16 August 2011. 11:00. D.M. Govender. (031) 460-5313.
Bids must be addressed as directed in the Bids Document, i.e. front of the envelope must reflect the bid number, description of bid, closing date and time as well as the name and address or the bidder. The name and address of the Department must be written on the reverse side of the envelope.
Bid number: ZNT 1737/2011 LG.
Compulsory briefing session: 11 August 2011 at 11h00.
Documents available: Bid Office, Office No.
Note 1: Potential bidders will not be permitted to enter the briefing session once it has commenced. The briefing session will commence at 11:00 sharp and no late bidders will be permitted to attend and neither will their bids be accepted for consideration.
SUPPLY: Premix asphalt & ancillary works.
amount of R150,00.
Date: 11 August 2011.
SUPPLY: Supply of cold mix material for patching and pothole repairs.
Bid number: ZNB 2354/11 T.
Cost of bid documents: Cash or bank-guaranteed cheque in favour of Province of KwaZulu-Natal in the amount of R200,00.
Bidders should have a CIDB contractor grading designation of 7CE or higher.
SERVICE: The Province of KwaZulu-Natal, Department of Transport, invites tenders from Established Contractors, experienced in roadworks in joint venture with one Emerging Contractor, for the construction of Layerworks on 4,137 km of District Road 69 (D69). The Established Contractor shall be registered in CIDB contractor designation 7CE or higher.
The Established Contractor is encouraged to Joint Venture with an Emerging Contractor registered on the emerging contractor database of the KZN Department of Transport.
If a Joint Venture is tendered, the Emerging Contractor partner to the Joint Venture shall be registered in CIDB contractor grading designation 6CE or 5CEPE.
Bid number: ZNT 2914/11.
Closing date: Friday, 2 September 2011.
Date: Wednesday, 10 August 2011.
Venue: Cost Centre Office, Estcourt.
Contact person: Mr L. Thabethe, Tel: (033) 355-8014. Mr T. Zulu, Tel: (031) 324-2200.
ZNT373/A/P68-2/3041 Concrete works from KM 4.0 to KM 4.
ZNT373/A/P68-2/3042 Installation of guardrails from KM 4.0 to KM 4.
ZNT373/A/P68-2/3045 Concrete works from KM 2.25 to KM 4.
Tender documents will be available as from 09:00 on Monday, 1 August 2011 during working hours (i.e. 08h00 to 16h00 Monday to Friday) until 16h00 on the day prior to the Clarification Meeting.
A non-refundable tender deposit payable in cash or by bank-guaranteed cheque made out in favour of Ê»Province of KwaZulu-NatalÊ¼ is payable on collection of the tender documents.
A Compulsory Clarification with representatives of the Employer will take place at the "EngineerÊ¼s Site Office" at KM 16.5 on P68-2 (adjacent to the Assisi Clinic) on Thursday, 11 August 2011 starting at 10h00. Tender document will NOT be available at this meeting. No latecomers will be admitted.
The closing time for the receipt of tender is 11h00 on Thursday, 25 August 2011.
The Department of Infrastructure Development (DID) invites interested and competent professional services companies to submit proposals for the provision of property management and revenue management services as a 2nd phase to the door to door exercise/project specific to Gauteng Provincial Government (GPG) owned properties.
The Property Management Division seeks to radically improve the management of its residential and commercial property portfolio through the creation of capacity, operational efficiencies and effective utilization of systems.
4. Terms and conditions: 4.1Responses should be submitted in two (2) sealed envelopes, [one (1) envelope on Technical Proposal and one (1) envelope for price] and one (1) electronic copy in the form of 2 separate compacts, (one containing the Technical Proposal and the other Commercial proposal) clearly marked with the relevant RFP number and project name.
4.2 The sealed envelope must be placed in the tender box at Corner House, 63 Fox Street, Johannesburg, by no later than 12 August 2011 at 11h00.
4.4 The closing date and return address must also be endorsed on the envelope.
4.5 No responses received by telegram, telex, facsimile or any other medium except as stated in paragraph 4.1.
4.7 Kindly note that the Gauteng Department of Infrastructure Development is entitled to amend any RFP conditions, validity period, specifications, or extend the closing date of the RFP before the closing date.
4.8 Preferential Point System of 90:10 will be used.
NB: THE SCOPE OF THE WORK WILL BE OUTLINED AT THE COMPULSORY SITE BRIEFING. Enquiries to be made to: Mrs Nomfundo Bonakele Ngwenya at Tel: (011) 355-5098.
(Registration No.
You are hereby invited to submit tenders for the requirements of Komatiland Forests (Pty) Ltd.
Tender number: RFT053.
Closing time: 12:00 am.
Tender validity period: 90 days (commencing from the RFT closing date).
Description: The supply and delivery of a mobile crusher to Komatiland Forests (Pty) Ltd.
SUPPLY: Cleaning of building, Thokozani Clinic.
Site inspection: 5 August 2011 at Thokozani Clinic.
NB: Specification will be issued on site meeting.
Required by: Northern Cape Provincial Government, Department Social Development.
Management). Bid closes at (postal address): Department Social Development, Private Bag X5042, Kimberley, 8300.
Kimberley. Contact persons: Kedi Flatela or Connie Mmokwa. Telephone: (053) 874-9174 or (053) 874-9210. Facsimile: (053) 871-2441. E-mail: kflatela@ncpg.gov.za or cmmokwa@ncpg.gov.
A valid, original tax clearance certificate-Tender-(not a tax clearance certificate "Good Standing") must be submitted at closing date and time (Bid Document NCP 2 refers).
This bid will be evaluated and adjudicated in terms of the 90/10 point system prescribed by the Preferential Procurement Policy Framework Act, No. 5 of 2000.
A non-refundable deposit of R10,00 is payable per set of bid documents.
Closing time: 11h00 am sharp.
Date: 9 August 2011.
Bid enquiries: Mr Thabiso Benny Mphogo, Tel: (012) 845-6054. E-mail: tenders@npa.gov.
The National Consumer Commission hereby invites prospective service providers to assist with the "Rental of Office Space for the period of five (5) years" between Pretoria and Centurion Area.
The Terms of Reference (TOR), detailing the bid requirements will be available in hard copy from Thulie Sixishe.
SUPPLY & DELIVER: Red & chicken meat.
Closing date: 23 August 2011.
SUPPLY & DELIVER: Various dairy products.
Quotation number: ZNQ 42/07/2011/12.
SUPPLY & DELIVER: Various groceries.
Quotation number: ZNQ 43/07/2011/12.
Quotation number: ZNQ 52/07/2011/12.
Contact persons: Miss A. Dladla/Mr M.
Bid number: ZNQ 774/2011.
UMDNS 18172 H.T.S. No. M5 (mechanical).
Contact person: Mr K. David, Tel: (031) 502-1719 Ext. 2197.
Bid number: ZNQ 776/2011.
Contact person: Mr S.P. Zulu, Tel: (031) 502-1719 Ext. 2241.
Bid number: ZNQ 777/2011.
Bid number: ZNQ 778/2011.
UMDNS 12636 H.T.S. No. E85 (electronics). Bid number: ZNQ 779/2011. Closing date: 2011/08/05. Closing time: 11:00. Enquiries regarding specification: Mr E. Govender, Tel: (031) 502-1719 Ext. 2098. Contact person: Mr S.P. Zulu, Tel: (031) 502-1719 Ext. 2241.
UMDNS 11758 H.T.S. Radiology Services. Bid number: ZNQ 777/2011. Closing date: 2011/08/05. Closing time: 11:00. Enquiries regarding specification: Mr E. Govender, Tel: (031) 502-1719 Ext. 2098. Contact person: Mr S.P. Zulu, Tel: (031) 502-1719 Ext. 2241.
QUOTE No.
(bontle.monchusi@fasset.org.za); or alternately by collection, on prior arrangement only from Bontle Monchusi, Tel: (011) 476-8570.
Blackheath, Randburg. Procurement process administered by Fasset.
The province of KwaZulu-Natal, Department of Transport, invites tenders from Emerging Contractors, for Stormwater Upgrades to Bokwe Road to include from KM 3,0 to KM 6,9. The duration of the project will be 5 months.
Tenderers shall be registered in CIDB contractor grading designation of 2CE.
Tenderers must be registered with the CIDB in a Civil Engineering class of construction works. Tenderers must also be registered with the KwaZulu Natal Department of Transport as Emerging Contractors with the Vukuzakhe Emerging Contractor Development Programme (as per the database of the Department of Transport).
Tender documents will be available as from 09h00 on Friday, 29 July 2011 during working hours (i.e. 08h00 to 16h00 Monday to Friday) until 15h00 on the day prior to the Clarification Meeting.
A non-refundable tender deposit of R50 payable in cash or by bank-guaranteed cheque made out in favour of Ê»Province of KwaZulu-NatalÊ¼ is payable on collection of the tender documents.
Queries relating to this tender may be addressed to: Mr M. Manoko, Tel: (033) 328-1000. Fax: (033) 328-1006. E-mail address: matomem@ssi.co.
The closing time for receipt of tenders is 11h00 on Tuesday, 30 August 2011. Telegraphic, telephonic, telex, facsimile, electronic, e-mailed and late tenders will not be accepted.
SERVICE: Construct new clinic at Hopheni Clinic, Vryheid.
Bid number: ZNTU 00378 W.
Closing date: 25/08/2011.
CIDB Contractor Grading/Designation: 7GB or higher.
Compulsory site inspection (Yes): 02/08/2011.
CIDB Contractor Grading/Designation: 4GB or higher.
Compulsory site inspection (Yes): 04/08/2011.
SERVICE: Clinic maintenance and upgrading programme at Mnqobokazi Clinic, Pongola.
Bid number: ZNTU 01014 W.
Compulsory site inspection (Yes): 11/08/2011.
Control Centre, Jozini.
Bid number: ZNT 6712 W.
Closing date: 26/08/2011.
Technical enquiries: Mr J. Croeser, Tel: (035) 753-4580.
Venue: Tenderers to meet outside Jozini Clinic at 10:00.
SERVICE: Convert old clinic into new offices at Jozini Clinic, Jozini.
Bid number: ZNTU 00905 W.
Bid number: ZNTU 01122 W.
Technical enquiries: Mr J. Heiberg, Tel: (035) 550-3905.
Compulsory site inspection (Yes): 03/08/2011.
Quotation number: ZNQ ME 817/07/11.
In order to comply with the regulations of the Public Finance Management Act and Preferential Procurement Policy Act No. 5 of 2000, and to ensure a competitive procurement process, NAMC invites all prospective service providers to apply to be listed on the NAMC service provider database.
Site meeting: 17/08/2011.
Time for site meeting: 11h00.
Venue for site meeting: Hlengisizwe CHC.
Enquiries: Razack/Alan/Njabulo, Tel: (031) 774-0080.
Documents obtainable from: CHC Manager, Hlengisizwe CHC, Unit 6, Sibisi Road, Hammarsdale, 3700.
Quotations must be on the official form, which shall be completed in all respects, and all information must be supplied.
1 x transport incubator with front door and side windows and the electric cord and oxygen socked, drip stand at the side and oxygen cylinder holder.
Mrs N.V. Twala, Tel: (034) 328-0048, Fax: (034) 315-5495/(034) 328-0022.
Mrs Nokuthula, Tel: (034) 328-0048.
6 x neonatal incubators with temperature adjustify regulator windows and a receiver at the bottom, drip stand at the side.
1 x paediatric theatre trolley with belts fitted and side rails.
Site inspection date: 02/08/11.
Contact person: Mr B.Z. Nxumalo, Tel: (034) 328-0050, Fax: (034) 315-5495/(034) 328-0022.
Port Shepstone Regional Hospital, Private Bag X5706, Port Shepstone, 4240.
SUPPLY/SERVICE: Facilitation of effective ward and nursing management.
As per Port Shepstone Hospital Specification No. S01/11.
As per HTS Specification No.
SUPPLY/SERVICE: Intensive care crib-infant.
Bid number: PSH 09/1112.
SUPPLY/SERVICE: Ventilator neonatal-ICU.
Bid number: PSH 10/1112.
SUPPLY/SERVICE: Basic real time colour doppler ultrasound system.
Estcourt Hospital:Old Main Road, Estcourt; Private Bag X7058, Estcourt, 3310. Tel: (036) 342-7075. Fax: (036) 342-7115. E-mail: kay.misrilal@kznhealth.gov.
SERVICE: Cleaning of buildings: Phoenix CHC.
Closing date: 2011-08-24.
Enquiries regarding the specification: Mr A Udayan, Tel: (031) 538-0860.
Bid number: ZNB 5282/2011-H.
Closing date: 2011-08-25.
Enquiries regarding the specification: Ms J. Ngozo, Tel: (033) 341-4000.
SUPPLY: Supply of Syphilis Test Kits: Various Institutions.
Bid number: ZNB 7983/2011-H.
SERVICE: Installation of Ten Compartment Continuous Batch Washer System: Natal Regional Laundry Dundee.
Closing date: 2011-08-26.
CIDB Grading: 7ME.
Compulsory site inspection date/time: 2011/08/11.
CIDB Grading: 6 GB or if a joint venture 2 x 5GB or 1 x 5GB and 2 x 4GB.
SERVICE: Donnybrook: Sokhela Clinic: CUBP Phase 8: Completion Contract.
CIDB Grading: 4GB or if a joint venture 3 x 3GB.
Bid Number: ZNTM 00651 W.
Street Extension, Pietermaritzburg.
over core block. CIDB Grading: 3GB or if a joint venture of 3 x 2GB. Bid Number: ZNTM 00649 W. Closing date: 2011/09/01. Closing time: 11:00. Compulsory site inspection meeting: Date: 2011/08/10. Time: 10:00. Venue: Tenderers to meet at main entrance. Technical queries: Ms O. Majozini, Tel: (033) 897-1428.
SUPPLY: Plastic refuse bags 760 mm x 970 mm, 40 microns (pkt/100), clear.
Contract period: Six months.
Quotation number: ZNQ 285/11/12.
Quotation number: ZNQ 286/11/12.
Quotation number: ZNQ 287/11/12.
Quotation number: ZNQ 288/11/12.
SUPPLY: Milk and Maas.
Quotation number: ZNQ 289/11/12.
Quotation number: ZNQ 290/11/12.
Quotation number: ZNQ 620 of 2011/12.
SUPPLY: 3 700 units of needle spinal set portex pencil point 26G x 90mm.
Closing date: 2011/08/08.
Enquiries regarding specification: Mrs R.N. Kheswa, Tel: (031) 907-8279.
SUPPLY: Service provider to rendering Basic Life Support Course for doctorÊ¼s.
SUPPLY: Service provider to conduct Matric Programme for 2011/2012 (20 learners).
Quotation number: ZNQ 592 of 2011/12.
Contact person: Mr Sakhile Ngubane, Tel: (031) 907-8365.
200 units of osram staters with holders.
Quotation number: ZNQ 627 of 2011/12.
Enquiries regarding specification: Mr S. Mthembu, Tel: (031) 8481.
Mr Sakhile Ngubane, Tel: (031) 907-8365.
Upgrading of vandalised surgical stores toilet and converting switchboard toilet to paraplegic toilet as per scope (CIDB registered).
ZNQ 639 of 2011/12.
Venue: Building Workshop.
Compulsory site meeting: Date: 2011/08/01.
Enquiries regarding specification: Mr M. Nondaba, Tel: (031) 907-8266.
SUPPLY: Make up & fit stainless steel mesh wire in D wards as per scope (CIDB registered).
Compulsory site meeting: Date: 2011/08/03.
Enquiries regarding specification: Mr M. Sha, Tel: (031) 907-8448.
RFB 869/2011 The supply of consumables for the BETA Data Centre for a period of 3 years. Note: A non-compulsory briefing session will be held as follows: Date: 10 August 2011. Time: 10h00.
SUPPLY: Kitchen appliance: Tilting Pan x 1. Potato Peeler x 1. Floor standing planetary mixer x 1. Wrapping machine x 1.
Quotation number: ZNB 28/11-12.
Tender No.: GPL005/2011.
Closing date and time: 11 am, 19 August 2011.
The bid documents are available at no cost online at www.blueiq.co.za from the 29th July 2011.
Proposals must be submitted in two envelopes (one envelope for Technical Proposal and the other for Financial Proposal).
1st Floor, corner Henry Nxumalo and Jeppe Streets, Newtown, Johannesburg, on or before the closing date and time.
Bids submitted by fax or email will not be accepted.
All enquiries must be directed to: Ms Tlaki Mokubyane: tlakim@blueiq.co.
The HDA is a national public development agency established by an Act of Parliament (Act 23 of 2008). The HDA promotes sustainable communities by making well-located land and buildings available for the development of housing and human settlements. As an organ of state, the HDA is accountable through its Board to the Minister of Human Settlements.
The purpose of the TOR is to establish pre-qualified services providers for the Housing Development Agency.
The nature of services required is as follows: The HDA intends to appoint a pre-qualified services providers of technology partners to assist with the procurement of IT equipment and commodity items such as hardware, Software, acquisitions and maintenance (not excluding others: cabling, servers, desk top computers, notebooks, software, printers, external hard drives, memory sticks. CD/DVDÊ¼s, etc.). It is required that the appointed Technology Partner(s) understands the business of the HDA and thus add value by recommending relevant and specific solutions and innovation.
Please submit proposals to: The HDA by e-mail to procurement@thehda.co.
The closing time and date for receipt of proposals is by no later than: 12:00 pm on the 15th August 2011. Late submissions will not be accepted.
The selection of the qualifying proposal will be at the HDAÊ¼s sole discretion. The HDA does not bind itself to accept any particular bid/proposal, and the HDA reserves the right not to appoint the service provider.
The RAF wishes to request proposals from accredited service providers for the design and implementation of Management and Leadership programmes for a period of one year.
Further information regarding details of the tender can be requested via e-mail from tsholok@raf.co.
The RAF is committed to affirmative procurement consistent with the South African Constitution., the Preferential Procurement Policy Framework Act, 2000 and the Procurement Policy of the RAF. Preference will be given to individuals and such companies, owned or controlled by individuals from previously disadvantaged categories of South Africa.
The Road Accident Fund (RAF) is a statutory body that, in terms of the provisions of the Road Accident Fund Act, 1996 (Act 56 of 1996), exists to provide cover to all persons within the borders of South Africa for loss or damage resulting from death or bodily injury caused by the negligent driving of motor vehicles within the borders of the country. The RAF has branches in Cape Town, Durban, East London, Johannesburg and Pretoria where itÊ¼s Head Office is also located. The RAF also has satellite offices in Nelspruit, Polokwane, Welkom, Port Elizabeth, Newcastle, Tzaneen, Lichtenburg, Bloemfontein & Kimberley.
The RAF wishes to appoint a service provider for the supply and implementation of a Business Intelligence Solution within RAF, including guarantee maintenance for a period of six months.
Closing date: 29 August 2011 at 11h00. The tender document will be available on the RAF website at www.raf.co.za under "publications" on 29 July 2011.
Time: 11h00 am.
The Department of Sport and Recreation KZN invites bids for the above-mentioned supply and delivery of clothing from suppliers registered on the KZN Provincial Suppliers Database. The Bids will be evaluated on the 80/20 point scoring system.
Bid Number: DSR 003/2011.
Please note that a COMPULSORY briefing meeting will be held on Wednesday, 3 August 2011 at 11:00 at Sport and Recreation House, 135 Pietermaritz Street, PIETERMARITZBURG. Only prospective bidders attending the compulsory briefing meeting will be eligible for the award of the bid.
Bid documents can be obtained on the day of the briefing meeting in Pietermaritzburg (3 August 2011) or could be obtained from the Department of Sport and Recreation Offices in Mayville on 1st and 2nd August 2011-Room 2B 4, 2nd Floor, Highway House, 183 Jan Smuts Highway, Mayville. Contact person: Mrs Charmaine Oliver.
The Department of Sport and Recreation KZN invites bids for the above-mentioned transport services from suppliers registered on the KZN Provincial Suppliers Database. The Bids will be evaluated on the 80/20 point scoring system.
Tenders shall be awarded on the basis of a principle that work shall be fairly or equitably distributed amongst contractors/entities that had not been awarded contracts previously.
NB: Functionality will be weighted at 100. The minimum to be attained by tenderers to be considered for further evaluation is 80%.
On technical specification enquiries may be addressed to (Project Manager): Ms Lindiwe Nkosi, Tel: (011) 355-7044.
Telegraphic, telephone, telex, facsimile and the late tenders will not be accepted.
Tenders to be deposited at the tender box in the foyer of the Batho Pele Building, 91 Commissioner Street, Johannesburg.
The Department reserves the right to cancel/not award this tender.
SERVICE: Nquthu: Charles Johnson Memorial District Hospital: New seclusion rooms.
Bid number: ZNTL 01651 W.
Contractor grading designation: 3GB, if joint venture 3 x 2GB.
Date: 16 August 2011.
HDI Disabled 0.
Note: Only bidders who are registered on the Provincial Suppliers Database, Construction Industry Development Board (CIDB) and the Department of Public Works Masakhe Database are eligible to submit bids. Should you not be registered with the CIDB & Masakhe on the closing date you will not be considered.
Bid number: ZNTL 01652 W.
Date: 17 August 2011.
SERVICE: Newcastle: Newcastle Hospital: Refurbish roofs, lift motor rooms and storage tanks.
Bid number: ZNTL 01642 W.
Closing date: 29 August 2011.
The bid document detailing bid requirements will be available for collection from KZN Department of Public Works, Head Office, 191 Prince Alfred Street, Lower Ground Floor Foyer, Pietermaritzburg, 3200, during working hours 09h00 to 15h00.
16 Mopani Road (Portion 3 of Erf 96, Glen Anil), Durban North at 12h00 pm.
6 Clematis Grove (Erf 107, Kenhill), Durban North at 14h00 pm.
DID 19/07/2011 Supply, delivery, installation, commissioning and testing of new laundry plant and materials at Dunswart Provincial Laundry Price=90 Equity=10 -HDI=3 7 ME or higher Date: 11 August 2011. Venue: 134 Main Reef Road, Boksburg, 1408.
DID 20/07/2011 Supply, delivery, installation, commissioning and testing of new laundry plant and materials at Masakhane Provincial Laundry Price=90 Equity=10 -HDI=3 7 ME or higher Date: 12 August 2011. Venue: 100 Piet Pretorius Street, Rosslyn, Pretoria.
DID 21/07/2011 Supply, delivery, installation, commissioning and testing of new laundry plant and materials at Masakhane Cook Freezer Factory in Rosslyn Price=90 Equity=10 -HDI=3 -Woman=2 -Youth=4 -Disability=1 7 ME or higher Date: 11 August 2011. Venue: 100 Piet Pretorius Street, Rosslyn, Pretoria.
The apportionment for the evaluation will be based on the National Treasury Instruction Note, dated September 2010 on the amended guidelines in respect of bids that include functionality as a criterion for evaluation.
LAUNDRY EQUIPMENT: The experience of the tenderer or joint venture partners or consortium and key staff shall be in the procurement, installation, commissioning and servicing of heavy duty laundry equipment or similar project within the CIDB Grading indicated herein.
COOKFREEZE: The experience of the tenderer or joint venture partners or consortium and key staff shall be in the procurement, installation, commissioning and servicing of food packaging equipment or similar project within the CIDB Grading indicated herein.
Procurement Policy Framework Act, No. 2 of 2000 and Employment Equity Act No. 55 of 1998.
would disqualify contractors for evaluation.
ZNQ 43/2011/12 Supply and delivery of disposable vaginal speculum 15-07-2011 Allenco Medical & Dental Supplies 87.
GT/GDH/30/2010 Health Care Risk Waste Management 1. Buhle Waste (Pty) Ltd Region A Region B 2.
GT/GDE/10/2010 Supply delivery and installation of 3 burner boiling tables, steel cages and fire instinguishers 1. Glowing Sunset Trading 49 CC 2.
ZNT 373T/C284/ 0424/S/23 The employment of earthworks layerworks and drainage on Main Road P218/P710 at km 11.0 to km 14.
ZNQ 45-2011/12 Zamazulu Trading CC Mr Dladla N. C.
B/WCED: 1813 ROUTE 495 Mr J. J.
ED 18519 ROUTE 602 Mr B.
B/WCED: 1746 ROUTE 422 Mr T. J.
B/WCED: 1824/11 ROUTE 313 Ms D. C.
B/WCED: 1827/11 ROUTE 597 Mr A. C. Ockers, trading as Ushlin Trading Year 1: R0,30 Year 2: R0,32 Year 3: R0,34 Year 4: R0,35 Year 5: R0,36 Beginning of 3rd School Quarter 2011 to End of 2nd School Quarter 2016 96.
BID/CONTRACT No.
OPSC 003/10 Appointment of a service provider to render outsourced internal audit services to the Office of the Public Service Commission OPSC), for a period of 36 months. Business Innovations Group (SAB & T) R1925 245,00 (VAT inclusive) 1 August 2011 Ms A Coetzer Tel: (012) 352-1111 adri@opsc.gov.
Private Security Industry Regulatory Authority is pleased to inform all the bidders in respect to the tenders that was issued on the 20 May 2010 and 3 June 2011.
004/05/2011/PSIRA Supply of computer equipment Nambiti Technologies R745 707,28 87.02 006/06/2011/PSIRA Supply, install and maintain of Wide Area Network (WAN) Vodacom R6 287 340,84 83.
PSIRA thank all the bidders for the interest shown in the above bids and wish them success in the future.
29 The Director-General: Office of the Department of Transport, Room 4013, Fourth Floor, ForumBuilding, 157 Struben Street, Pretoria, or Private Bag X193, Pretoria, 0001; or deposited in the tender box at the main entrance, Forum Building, 157 Struben Street, corner of Bosman and Struben Streets, Pretoria.
95 Department of Water Affairs, Ground Floor, Zwamadaka Building, 157 Schoeman Street, cnr Schoeman and Bosman Streets, Pretoria, 0002; or Private Bag X313, Pretoria, 0001.
115 The Director-General: Department of Agriculture, Forestry and Fisheries, Agriculture Place, Main Entrance, Tender Receipt Office, Room A-GF-06, 20 Beatrix Street, Arcadia, Pretoria; or Private Bag X250, Pretoria, 0001. Enquiries: D. Lelaka Office hours: 07:30-12:30 and 13:15-16:00 Tel.
116 Department of Social Development, Human Science Research (HSRC) Building, Room N354, 134 Pretorius Street, Pretoria, 0001; or Department of Social Development, Private Bag X901, Pretoria, 0001; or deposited in the tender box at Reception, Ground Floor, Human Science Research Council, HSRC Building, 134 Pretorius Street, 0001.
Enquiries: Ms Akhona Mlotywa/Mr Kobus Watson Office hours: 07:30-12:30 and 13:00-16:00 Tel: (012) 312-7631/7566 Mondays to Fridays E-mail: akhonamlo@dsd.gov.za E-mail: kobusw@dsd.gov.
300 Provincial Administration Western Cape: Chief Directorate: Works, Room 701, 9 Dorp Street, Cape Town, 8001, or Private Bag X9078, Cape Town, 8000. Enquiries: Josef Benjamin/Ms A.
Tel. (011) 689-6416/8337, Fax (011) 355-2300 352 Department of Transport and Public Works: Provincial Administration: Western Cape, 9 Dorp Street, Cape Town, 8001; or Private Bag X9078, Cape Town, 8000; or deposited in the tender box in the Foyer, 9 Dorp Street, Cape Town. Enquiries: Josef Benjamin/Ms N.
Enquiries: Y. Cronje/E. Dennis Office hours: 07:45-12:30 and 14:00-16:00 Tel: (012) 394-5762 & (012) 394-5539 Mondays to Fridays E-mail: ycronje@thedti/gov.za/edennis@thedti.gov.
471 The South African Qualifications Authority (SAQA), Hatfield Forum West, 1067 Arcadia Street, Hatfield, 0028; or Postnet Suite 248, Private Bag X06, Waterkloof, 0145; or deposited in tender box at reception area of SAQA, Hatfield Forum West, 1067 Arcadia Street, Hatfield, 0028; Postnet Suite 248, Private Bag X06, Waterkloof, 0145.
Enquiries: Lenette Venter Office hours: 08:00-16:30 517 South African National Biodiversity Institute, 2 Cussonia Avenue, Brummeria, Pretoria, 0001; or posted to Private Bag X101, Pretoria, 0001 (marked for the attention of: Manager: Supply Chain Management); or post or deliver to tender box Reception Area, 2 Cussonia Avenue, Brummeria, Pretoria (working hours). www.sanbi.org Enquiries: Ms Nkele Nkuna, Office hours: 8:00-16:00 Tel. (012) 843-5235/87, Fax. (012) 843-5209 Mondays to Fridays E-mail: P. Nkuna@sanbi.org.
620 Provincial Treasury, Provincial Supply Chain Management, corner Knight and Stead Streets, Metlife Towers (Post Office Building), 5th Floor, Kimberley, 8301, or Provincial Treasury, Private Bag X5054, Kimberley, 8300; or deposited in the tender box at the entrance of the Metlife Towers on Ground Floor (Post Office Building, Kimberley) at the corner of Knight and Stead Streets, Kimberley, 8301.
Documents which are too bulky must be delivered at Room 502, Fifth Floor, Metlife Towers (Post Office Building), Kimberley. Enquiries: Ms L. Ferris Office hours: 07:30-16:00 Tel.
840 South African National Accreditation System: 12 Esselen Street, dti Campus, Building G, Sunnyside, Pretoria; or Private Bag X23, Sunnyside, Pretoria, 0132; or Tender Box, SANAS Reception, Building G, dti Campus. Enquiries: Ms Christi Warren Office hours: 08h00-16h30 Tel.
<fn>GOV-ZA.26911En.2012-02-10.en.txt</fn>
Vol. 472 Pretoria 18 October 2004 No.
18 No.
The Minister of Education, hereby publishes the EducationLawsAmendment Bill, 2004 for comment.
The Director-General, Private Bag X895, PRETORIA,0001, for attention: Ms M Locke, Fax No.
312 5902, Tel No. (012) 312 5929 or e-mail locke.m@doe.p;ov.za.
Kindly provide the name, address, telephone and fax numbers and e-mail address of the person or organisation submitting the comments.
The comments must reach the Department by 19 November 2004.
The Bill may also be obtained on www.education.gov.
EDUCATION LAWS AMENDMENT BILL,2004 GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments.
BILL To amend the South AfricanSchools Act, 1996, so as to add new definitions in line with the National Norms and Standards for School Funding; to provide for the suspension of the decision of the Head of Department to expel a learner pending an appealto the Member of the Executive Council; to providefor the Head of Department to imposea suitable sanction ona learner if he decidesnot to expel such learner;toprovidefortheprohibition or limitation to levy compulsory school fees by certain categories of public schools; to provide for further provision for the enforcement of payment of compulsory school fees on only those parents who are legally liable to pay school fees; to provide for the right of a learner to participate in the total programmeof a public school; to provide for the limitation of the disposal of the movable assets of a public school; to amend the Employment of Educators Act, 1998, so as to provide for the refinement of the process of the appointment of educators; to provide for an appeal by a governing body against the decision of the Head of Department to appoint an educator; to amend the Further Education and Training Act, 1998 so as to provide for the extension of the definition of a public further education and training institution; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Amendment of section 1 of Act 84 of 1996 as amended by section 1 of Act 100 of 1997, section 6 of Act 48 of 1999 and section 1 of Act 50 of 2002 1.
Amendment of section 9 of Act 84 of 1996 asamended by section7 of Act 48 of 1999 2.
in [consultation] agreement with the Head of Department , pending a decision within 14 0 days as towhether the learner is to be expelled from the school by the Head of 0 0 Department.
if found guilty of serious misconduct after a fair hearing.
"(8) The governing body of a public school must implementthe sanction contemplated in subsection (7)(a).".
Amendment of section 35 of Act 84 of 1996 3.
Subject to the Constitution and this Act, the Minister must determine national auintiles and national norms and [minimum] standards for [the] school funding [of public schools] after consultation with the Council of Education Ministers, [the Financial and Fiscal Commission] and the Minister of Finance.
Standards for School Fundinn, a notice in a Government Gazette containing a table indicating the percentage of learners in ordinary public schools which fall within each of the national quintiles in a specific province.
Amendment of section 39 of Act 84 of 1996 4.
equitable criteria and procedures for the total, partial or conditional exemption of parents who are unable to pay compulsory school fees.
the total, partial or conditional exemptions granted toparentsin terms of the regulations contemplated in subsection (4).
"(5) No school may levyany registration, administration or any other compulsory fee, except compulsory school fees.".
"(6) The school may not charge different compulsory school fees based on curriculum or extramural curriculum within the same grade to a parent of a learner at that school.".
the national quintile or part of that quintile must contain the poorest schools in the table contemplated in section 35(2).
"(8) The Minister may make a determination as contemplated in subsection 7 only if sufficient funding to at least more than the adequacy benchmark level has been secured to fund learners in the schools affected by the determination.".
publish a list of the schools in the Provincial Gazette.
the income received from compulsory school fees togetherwiththe funds received from the state are on average per learner not morethan the adequate bench mark level.
Amendment of section 41 of Act 84 of 1996 5.
41. Enforcement of payment of compulsory school fees fi The governing body of a public school may by process of law enforce the payment of school fees by parents who are liable to pay in terms of section 40.
The exemption from payment of compulsory school fees must be calculated according;to the regulations contemplated in section 39(4).
The exemption from payment of compulsoxy school fees in terms of this Act is calculated retrospectively from the beginninn of the year, if the parent qualifies for the exemption.
deductions have been made in terms of regulations contemplated in section 39(4).
the parent has completed and signed the form, Annexure A to the regulations.
The may attach the parent's residence unless alternative governing body not accommodation is made available to the parent.
denial of a school report or transfer certificates.
Insertion of section 58Aof Act 84 of 1996 6.
The Head of Department has the right to inspect and compile an inventory of all the assets of a public school.
No personmay transfer, donate, sell or alienate in anymanner, any assets owned by a public school to another person or body without the writtenapproval of the Member of the Executive Council.
Despite subsection (2).
(b)fromtimetotime, determine and publishthevalue contemplated in paragraph (a) by notice in the Provincial Gazette.
The assets of a public school may notbeattached as a result of any legalaction taken against the school.
Amendment of section 6 of Act 76 of 1998 as amended by section 15(a) of the Act 48 of 1999 and section 10 of Act 50 of 2002.
the democratic values and principles referred to insection 7(1).
5 names of recommended candidates, in order of preference to the Head of Department or less than 5 candidates in agreement with the Head of Department.
Head of Department may appoint any suitable candidate on the list.
"(ad) When the Head of Department considers the recommendation in paragraph (ab), he or she must, before making an appointment, ensure that the governing body or council, as the case may, has applied the criteria in paragraph (aa).".
"(ae) If the governing body or council, as the case may be, has not applied the criteria in paragraph (aa), the Head of Department must decline the recommendation.".
appoint temporarily a suitable candidate or readvertise the post.
the deletion of paragraphs (b) and(c) of subsection(3) and the insertion of the following paragraphs: "(b) The governing body or the council, as case may be, may appeal to the Member of the Executive Council against the decision of the Head of Departmentregarding the appointment contemplated in paragraph (af) .".
"(c) The appeal contemplated in paragraph(b)must be lodged within 5 working davs of receiving the notice of appointment.".
"(d) The appeal must be finalised by the Member of the Executive Council within 30 working; days.".
"(e) If no appeal is lodged within 5 workingdays. the Head of Department may convert the temporary appointment into a permanent appointment as contemplated in section 6B.".
Insertion of section 6B of Act76of 1998 8.
"6B An educator who hasbeenappointedtemporarily to anypost on the educator establishment of a public school or a further education and training institution, may be appointed in that post or any other suitable vacant post on a permanent basis by the Head of Department without the recommendation of the governing body or the council, as the case may be.".
0 9. The Further Education and Training Act, 1998 is herebyamended by the substitution for the definition of public further education and training institution of the following definition: "public further education and training institution" means any further education and training institution that is established, deemed to be established or declared as a public further education and training institution under this Act and it may also be referred to as public further education and training college.".
Any vacant post that was advertised prior to the commencement of this Act, and if no interviews were held, must be dealt with in terms of this Act.
This Act may be cited as the Education Laws Amendment Act, 2004.
1.1 The main purpose of the Bill is toamend the South African Schools Act 84 of 1996, the Employment of Educators Act 76 of 1998 and the Further Education and Training Act 98 of 1998.
Addnew provisions to the old ones.
Modify or to add terms in the existing legislation.
Alter the scope or effect of existing legislation.
This clause introduces various new definitions to give substance to concepts such as "adequate bench mark level of funding per learner", "compulsory school fees', "table", "national quintiles", "norms and standards for school funding", and "school fees". These concepts form a crucial part of the National Norms and Standards for School Funding.
Section 9(1) of SASA does not provide for the time by which the Head of Department must make a decision whether to expel a learner on the recommendation of the governing body.
3 learner, causing prejudice to both the school and the learner.
4 3 decision must now be made in agreement with the Head of Department.
The department has observed from the complaints of parents and learners that, in some public schools, if a learner has appealed against the decision of the HOD to expel him or her, the learner is not allowed to attend classes pending the decision of the Member of the Executive Council (MEC). This clause makes it clear that the learner must attend classes at least until the outcome of the appeal. In essence, an appeal, suspends the implementation of the decision to expelthe learner.
A suspension of a learner during the period, in which the appeal is considered, deprives the learner of his or her right to education. In many cases the governing bodies try to justify this suspension on the basis that the learner endangers the safety of others or violates their rights at the school. The Constitutional imperative is to actin the best interest of the learner, and the learner should get the benefit of the appeal process.
The learner should not be deprived of education just because he may misbehave in the future. If the learner commits a further misconduct during the period of the appeal, then the learner should be dealt with in terms of the provisions of the South African Schools Act (SASA). This amendment is needed to protect the right of the learner to education and the best interest of the learner as contemplated in sections 29 and 28 of the Constitution of the Republic of South African Act 108 of 1996, respectively.
The decision of the Head of Department not to expel a learner who is found guilty of serious misconduct after a fair hearing, closes the matter. No further action is taken against the learner. This is unfair because learners who havebeenfoundguilty of less serious misconduct are punished by the school. Therefore, this clause is designed to remedy the situation by allowing the Head of Department to substitute a suitable sanction for expulsion so that the accused learners should not be left off the hook. Alternatively the Head of Department is now also empowered to refer the matter back to the school governing body in order to impose another sanction other than expulsion.
The national poverty distribution table published by the Minister will serve as guide to the MECs when they draft a list of schools falling within each of the national quintiles, in their respective provinces.
Clause 4 A general meeting of parents mustbeconvened by the governing body of a publicschool in terms of the SASA annually to consider the school's budget. Most public schools convene such meetings around September of every year. It is in this meeting that school fees are determined and charged.
Some governing bodies determine the budget by taking into account the full amount that school maylevy regarding all the learners at school. For example, if a school has 1000 learners, the governing body bases its budget on the school fees to be paid by parents onbehalf of 1000 learners. However, when it comes to the actual payment of school fees, some of the parents are either totally or partially exempted from paying school fees. Therefore the actual income is not equal to the estimated budget and therefore the budget is not correct.
Sub-clause (a) forces the governing body to consider the effect of the exemptions when determining the budget and, to adjust the activities of the school based on a realistic budget and not on a potential income as if all parents are expected to pay school fees.
Sub-clause (b) provides that the compulsory school fees may not include registration fees, administration or other compulsory fees. The school may also not charge further school fees for additional subjects chosen by learners in terms of the school programme.
Sub-clause (b) also provides for the Minister to determine the national quintiles of public schools that may not levy compulsory school fees, but after securing funds for such a determination. The Member of the Executive Council must subsequently identify and publish a list of these schools in his or her province.
The right to levy compulsory school fees will only be limited if the school is receiving more than the adequate bench mark level of funding per learner from the PED to enable it to function as a public school. If the public school is receiving less from the province than the adequate bench mark level of funding per learner in terms of the national norms, such school will regain the right tolevy compulsory school fees until the school's adequate bench mark level of funding per learner is achieved in terms of the norms to ensure their effective functioning.
This is an attempt to curb the rising costs to poor parents regarding the education of their learners. Quintiles one and two are determined on a national basis where the poorest learners in the country as a whole will determine the placement in such a quintile of the schools which they attend according to the percentage of learners falling within the quintiles one and two.
Statistics have shown that distribution patterns of poor parents are not spread equally between the provinces. Provinces like the Eastern Cape, Limpopo and KwaZulu-Natal have a much higher distribution of poor parents than the other provinces. Therefore some provinces will receive more funding from the state than other provinces. The pro-poor approach is one of the cornerstones of the National Norms and Standards for School Funding. In order to give effect to the purpose of the norms it is crucial to limit the rights of certain public schools to levy compulsory school fees.
Clause 5 The clause provides that before legal action is taken against a parent of a learner for non-payment of compulsory school fees, the governing body must ensure that the amount exempted, if applicable, is deducted and thattheparent is indeed liable to paysuchfees. The right to exemption to compulsory school fees will be calculated from the date the parent is liable to pay such school fees. Schools must clearlyindicate that they have calculated the amount to be exemptedand deducted it from the compulsory school fees to determine what an individual parent is liable to pay. Many parents are not informed of their right to exemption to compulsory school fees and the extent thereof. A school may only approach a court to recover the fees that the parent is due to payandthe onus of proof that necessary calculations have been properly made, will rest on the school.
Presently some public schools discriminate against learners whose parents have not paid compulsory school fees. For instance some schools refuse to allow such learners to participate in the school programmes, matric farewells or sporting events. Some learners are even subjected to verbal and non-verbal abuse, causing them embarrassment among other learners. Section 5 of the SASA provides that this form of discrimination is unlawful. However, this provision deals with access to the school and not utilisation of school funds. This amendment seeks to supplement the current position in section 5 of the Act and ensure that the funding available to the school are used for the benefit of all learners in the school and the exclusion of a learner due to non-payment of school fees by the parent cannot be justified.
It has also been noted that when legal action is taken against a parent for not paying school fees, sometimes the home of the parent is attached. This clause limits such action by providing that if attachment is attempted, alternative accommodation must be made available to the parents.
Clause 6 In terms of the SASA a public school has a right of ownership of the assets of that school. The assets of a school are acquired by a school through funds received from the state, from compulsory school fees or donations to the public school. These are public assets and must be used by all role players of the school. The movable assets of the school consist of school desks, equipment and similar assets whichhaveanimpact on the professional delivery of education programmes in the classroom.
In special schools such as agricultural schools, the livestock and agricultural equipment are an integral part of the educational activities. Currently there is no provision in the SASA to regulate the alienation of these school assets. It has been shown that some schools alienate school property without the approval of the MEC and in many cases such property is alienated without an actual value attached to it.
The amendment seeks to ensure that assets that are needed for proper delivery of educational programmes in a school are protected. However, since such anapprovalmight create a huge administrative problem in the PED, the Bill seeks to allow the Member of the Executive Council to determine categories of assets below a certain value to be alienated without such written prior approval.
The clause also protects school assets by prohibiting their attachment as a result of a legal action taken against the school.
Clause 7 The clause provides for the streamlining of the appointment process of educators by allowing the Head of Department to appoint any of the educators on the list of educators recommended by the governing body or the council, as the case may be.
Currently, in terms of section 6(3)(c), the Head of Department, if he or she declines a recommendation, has to refer the whole matter back to the governing body and the whole process would start afresh. Meanwhile the learners are prejudiced due to the lack of an educator at the school or institution, therefore this situation violates sections 28 and 29 of the Constitution.
However, in terms of the new provision of the Bill, if the Head of Department declines the recommendation he or she may consider all applications for that postand appoint a suitable candidate temporarily or readvertise the post.
If the governing body or the council is not satisfied about the temporary appointment of an educator by the Head of Department, it may appeal to the Member of the Executive Council. The appointed educator will remain temporary until the appeal is finalised. If the appeal is upheld, the process of appointment will start from the beginning. If the appeal is dismissed or not lodged within 5 working days, the Head of Department may appoint the educator permanently. The appeal process is made certain and quicker by providing for a time limit for its finalisation.
Clause 8 Since an educator who was appointed temporarily was recommended by the governing body or the council, as the case may be, before such an appointment was made, it is not necessary to require another such recommendation when such an educator is appointed permanently in that post.
The Further Education and Training Act 1998 is amended so as to make it possible for a Public Further Education and Training Institution to be called a Public Further Education and Training College.
In practice Public Further Education and Training Institutions are called Public Further Education and Training Colleges although this concept is not entrenched in the Act at all.
These arrangements are made to protect the rights of applicants who havealreadybeen interviewed before the commencement of this Act.
No additional costs are foreseen as a result of the amendments.
The Bill is published to obtain comments from all role players.
PARLIAMENTARY PROCEDURE The Department of Education and the State Law Adviser are of the opinion that the procedures contemplated in section 73 and 76 of the Constitution of the Republic of South Africa Act 108 of 1996 should be followed since the Bill falls within the ambitof Schedule 4 of the Constitution.
<fn>GOV-ZA.2694220041029r1288En.2012-02-10.en.txt</fn>
Government Notice No. R.527 of 23 April 2004.
In determining thequantum of compensationto be paid, the claimant must indicate, in addition to the requirements of item 12(3), the difference in nature and content between the property expropriated and the rights which have been preservedorwhichcan be acquired in termsofthe provisions of the Act.
written reasons for such determination.
Theclaimantshallhave the right toappeal the decision of the Director-General in terms of section 96 of the Act.
wherenoagreementcanbe reached,'determined by a court.
To the extent that they may be applicable, the provisions of sections 14, 15, 19 and21 of the Expropriation Act 1975, (Act No. 63 of 1975)shallapplywiththenecessary changes to aclaimmade in terms of item 12(1) to Schedule I1of the Act.
<fn>GOV-ZA.26970En.2012-02-10.en.txt</fn>
Fholisani Mufamadi, for and Government, hereby, in terms ofsection154(2) of theConstitution, publish the Intergovernmental Relations Framework Bill, 2004, for public comment.
To establish an institutionalframework for the national government, the intergovernmental relations; to provide for mechanisms and procedures to facilitate the resolution of intergovernmentaldisputes; and to provide for matters connected therewith.
I 2000 (Act No.
the Constitution or legislation; or an agreement or other instrument emanatingfrom the Constitution or legislation.
In this Act, a word or expression derived from aword or expression defined in subsection (1) has a corresponding meaning unless the context indicates that another meaning is intended.
all provincial governments and all provincial organs of state; and all local governments and all municipal organs of state.
the courts and judicial officers; and an institution established by Chapter 9 of the Constitution and any other public institution that does not fall within the national, provincial or local sphere of government.
In the event of any conflict between a provision of this Act and a provision of another Act of Parliament, the provision of that other Act prevails.
a municipal by-law, the provision of this Act prevails.
monitoring the implementation of policy andlegislation;and generally the realisation of national priorities.
participating in intergovernmental structures of whichthey are members and in efforts to resolve intergovernmental disputes.
Local Government Act, I997 (Act No. 52 of 1997).
The President is the chairperson of the Council.
the co-ordination and alignment of priorities, objectives and strategies across national, provincial and local governments; and operation between different governments; and to consider reports from other intergovernmental fonuns on matters affecting the national interest.
determines the agenda for a meeting of the Council; and may invite any Cabinet member not mentioned in section 5, or any Deputy Minister to a meeting of the Council.
The Minister is responsible forproviding administrative and other support services to the Council.
Any Cabinet member establish national forum to promote and facilitate intergovernmental relations in the functional area for which that Cabinet member is responsible.
Any Minmec which existed when thisActtook effect must for the purposes of this Act be regarded as having been established in terms of subsection (l), except when such Minmec has been established by an Act of Parliament.
the members of the Executive Councils of provinces who are responsible for a similar functional area in their respective provinces; and to the extent as may be appropriate for therelevant functional area for which the forum is established, a representative of organised localgovernment.
The relevant Cabinet member is the chairperson of the forum.
any other matters of strategic importance within the hctional area which depend on co-operation between different governments.
A national intergovernmental forum established in terms of section 8 must report back to the President's Co-ordinating Council on any matter referred to it by the Council.
determines the agenda for a meeting of the forum.
The Department oftherelevantCabinetmember is responsible for providing administrative and other support services to the forum.
The Premier of a province must establish a Premier's intergovernmental forum to promote and facilitate intergovernmental relations between the province and local governments in the province.
a representative of organised local government in theprovince.
The Premier is the chairperson of theforum.
district intergovernmental forums in the province.
convenes the meetings of the Premier's intergovernmentalforum;and determines the agenda for a meeting of the forum.
The Premier's Office is responsible for providing administrative and other support services to the forum.
Reports to President's Co-ordinating Council may report to the Council on matters of national interest that have arisen in the forum.
The Premier of a province mayestablishforany specific functional area a formal provincial intergovernmentalforum to promote and facilitate effective and efficient intergovernmental relations between the province and local governments in the province with respect to that functional area.
The Premiers of two or moreprovinces may establish an inter-provincial forum to promote and facilitate intergovernmental relations between those provinces.
The composition, role and functioning of aninter-provincial forum established in terms of subsection (1) must be determined by agreement between the participating provinces.
The mayor of a district municipality must a establish district intergovernmental forum to promote and facilitate intergovernmental relations between the district municipality and the local municipalities in the district.
the mayor of the districtmunicipality;and the mayors of the local municipalities in the district.
The mayor of the district municipality is the chairperson of the forum.
service delivery in the district; and coherent planning anddevelopment in the district.
convenes the meetings of the district intergovernmental forum;and determines the agenda for a meeting of the forum.
The district municipality is responsible for providingadministrative and other support services to the forum.
must meet regularly;and must meet at least once per year with service providers and other role players delivery and planning in the district.
The composition, roleand functioning of an inter-municipality forum established in terms of subsection (1) must be determined by agreement between the participating municipalities.
An intergovernmental may an intergovernmental technical support structure by consensus amongst the parties if there is a need for formal technical support to the forum.
may include any other personswhomaybeuseful for the support of the intergovernmental forum.
Where there is an obligation in terms of this Act or any other legislation to consult organised local government on any matter, such consultation may be conducted through an appropriate intergovernmental structure.
If local is represented in the organisedgovernment not intergovernmental structure Concerned, it is for purposes of subsection (1) entitled to participate through a representative with full speaking rights in such structure when the relevant matter is discussed.
An intergovernmental structure is a forum for intergovernmental consultation and discussion. It is not an executive decision-making body butmay adopt resolutions or make recommendations in terms of agreed procedures.
(h)proceduresforthe amendment of its internal rules.
The internal rules of an intergovernmental structuremustbe consistent with this Act and any other applicable legislation.
An organ of state participating in an intergovernmental structure, and any person representing that organ of state, mustadhereto the provisions of that structure's internal rules.
Any standing intergovernmental body which exists when this Act takes effect, must comply with subsection (1) withinoneyear, except if an Act of Parliament specifically regulates the establishment functions of such and intergovernmental body.
if such intergovernmental structure formally adopts therules;and to the extent and subject to the modifications and qualifications as determined by the intergovernmental structure.
Organs of state in different governments must, to the extent required by the Constitution or national legislation, assist each other.
provide for dispute resolution procedures and mechanismsshould disputes arise in the implementation of the protocol; and include any othermatters as the parties may agree.
Any organ of state may initiate the process for the establishment of an implementation protocol after consultation with the other affected organsof state.
(b)in writing and signedby the parties.
The implementation of the protocol maybeco-ordinated by an appropriate intergovernmental forum.
(d)animplementationprotocol will materially assist the organs of state participating in the provision of a service in a specific area to co-ordinate their actions in that area.
take into account the interests of local communities in the province; and consult the local sphere of government in the province or any specifically affected municipalities.
Consultation in terms of subsection (1) must be appropriately focussed and include a consideration of the impact that such policy or legislation may have on the functional, institutional or financial integrity and coherence of government in the local sphere of government in the province.
Provincial intergovernmental forumsestablished in terms of section 15 or 20 must to the extent practical be utilisedas forums for'such consultation.
(b)local governments in the province.
The mayor of a district municipality is responsible for ensuring the co-ordination of intergovernmental relations within the district municipality with local municipalities in the district.
This Chapter does not apply to the resolution of specific intergovernmental disputes in respect of which other national legislation provides mechanismsor procedures forthe resolution of such disputes; or to a dispute concerning an intervention procedure in terms of section 100 or 139 of the Constitution.
to avoid rather than cause intergovernmental disputes when exercising their statutory powers and functions; and to resolve intergovernmental without resorting to disputes judicial proceedings.
Any formal agreement between two or more organs of state in different governments regulating the exercise of statutory powers or functions, including any implementationprotocol or agencyagreement, mustinclude dispute resolution mechanisms or procedures that are appropriate to the nature of the agreement and the likely matters that may become the subject of a dispute.
An organ of state which is a party to an intergovernmental dispute with another government or organ of state maydeclare the dispute a formal intergovernmental dispute by notifying the other party of such declaration in writing.
Before declaring a formalintergovernmental dispute the organ of state in question must, in good faith, make every reasonable effort to resolve the dispute, including by initiating direct negotiations with the other party or negotiations through an intermediary.
Whereamechanism or procedure is specifically provided for in other legislation or in anagreementbetween the parties, thepartiesmustmake every reasonable effort to resolve thedispute in termsof such mechanism or procedure.
(a)If the parties fail to convene a meetingreferred to in subsection and a national organ of state is involved in the dispute, the Minister may convene the meeting.
If the parties fail to convene a meeting referred to in subsection and the dispute is between a provincial organ of state and a local government in the province or a municipal organ of state, or between local governments in a province or municipal organs of state, the MEC for local government in the province may convene the meeting.
If the parties fail to attend a meeting convened by the Minister or MEC or to designate a facilitator referred to in subsection (1) (d), the Minister or MEC may designate a facilitator on behalf of the parties.
the mechanism or procedure to be used to resolve the dispute; (cc) any other matter that may be prescribed; and progress reports as maybe necessary containing such information as may be prescribed.
(ii)if the dispute is between a provincial organ of state and a local government in the province ora municipal organof state; or the MEC, if the dispute is between localgovernmentsinthe province or municipal organs of state.
If a dispute referred to in subsection (2) (b) affects the national interest, the Minister may request the facilitator to submit reports to the Minister as well.
the dispute is between a provincial organ of state and a local government in the provinceor municipal organof state; or the MEC for local governmentin the relevant province, if the dispute is between local governments or municipal organs of state in the province.
On receipt of a request in terms of subsection (1) the Minister or MEC may take any appropriate steps to assist the parties in resolving the dispute, including the designation of an official in the public service or other person to act as facilitator between the parties.
A facilitator designated in terms of subsection (2) acts on the instructions of theMinister or MEC.
the dispute has beendeclared a formal intergovernmental dispute in terms of section 40;and efforts to resolve the dispute in terms of this Chapter were unsuccessful.
Any negotiations in terms of section 40, discussions in terms of section 41 and reports in terms of section 42 areprivilegedandmaynot be used in any judicial proceedings as evidence by or againstany of the parties to an intergovernmenta1 dispute.
(c)any other relevant matters.
guidelines not inconsistent this concerning conductwithAct the of intergovernmental relations.
publish the draft regulations orguidelinesin the Government Gazette for public comment; and engage in an appropriate consultative processwith organs of state on the substance of the regulations or guidelines.
<fn>GOV-ZA.269En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.26En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.26July2011En.2012-02-10.en.txt</fn>
The purpose of the Medico-legal Symposium is to address the rising adverse events within our institutions which lead to excessive litigation for damages for allerged medical negligence.
<fn>GOV-ZA.26april20071En.2012-02-10.en.txt</fn>
Last week I raised a number of issues about the way statistical data are used, especially in regard to the formulation, implementation and impact monitoring of social and economic policy. In doing this, I suggested that data are most valuable when difficult questions are raised and debated as a result of careful analysis. An overview of some of the data released by Statistics SA over the past week demonstrates this well.
Last week's release of February's motor trade sales reported that the strong growth in this sector had continued, with motor trade sales rising 14 percent compared with February last year.
Motor trade sales are one of many elements used in the compilation of gross domestic product. However, proper use of the data involves more than citing a figure (14 percent) in support of views that are already established.
Motor trade sales are derived from the performance of a number of activities in the sector: new vehicle sales, used vehicle sales, sales of fuel, workshop income, income from the sale of accessories, and convenience store sales.
Each has a different weight, reflecting the contribution of each activity to the motor trade sales. For example, new vehicle sales contribute 36.6 percent to total motor trade sales, while fuel sales contribute 18.7 percent and sales of used vehicles 17.9 percent.
At a general level of interpretation, policy analysts might conclude that a year-on-year increase of 14 percent in motor trade sales reflects strong economic growth.
However, more detailed analyses of the data would lead to questions about the contribution of each activity in overall motor trade sales.
What do sales of new vehicles contribute to this growth How do they compare with the sales of used vehicles What is the contribution of fuel sales to the rise How much of this is the result of higher fuel price, rather than higher consumption?
Similar questions can be raised through a study of the statistics on civil cases for debt for February, released last week.
This showed a decrease in civil summonses issued for debt for the three months to February, compared with the same period last year (minus 4.4 percent); and in civil judgments recorded for debt for the same period (minus 9 percent).
More value could be added to this analysis by exploring the geographical breakdown of summonses and judgments.
What are the differences in debt profile between metropolitan areas and smaller towns, urban and rural areas, villages and suburbs?
How do these profiles change when summonses and judgments are broken into components, such as debt related to goods sold, services rendered, money lent, credit card and refer to drawer cheque debt The value of the data is enhanced when it is used to ask probing questions?
This week's release of the consumer price index (CPI) for last month reported a headline inflation rate (year on year) rise of 0.4 percentage point from the 5.7 percent rise in February. The year-on-year increase in the CPIX (CPI excluding mortgages) for last month was 0.6 percentage point higher than the 4.9 percent increase in February.
The annual change of 5.5 percent in CPIX, the monetary policy inflation target measure, brought this measure closer to the top end of the range of the Reserve Bank's inflation target range (between 3 percent and 6 percent), and will be interrogated thoroughly by monetary policy analysts.
The year-on-year rise in the headline CPI inflation rate of 6.1 percent will also be subject to intense scrutiny.
Again, these single-figure indicators are based on a depth of rich data.
For example, policy analysts will be interested to note that some of the main drivers of year-on-year consumer price inflation this month were the CPI for education, for which the rate rose to 8 percent last month from 7 percent in February; CPI for household operation, for which the rate increased to 7.3 percent from 5.2 percent; and CPI for transport, for which the rate rose to 4.6 percent from 2.1 percent.
Despite prerelease speculation that the CPI for food had increased dramatically, the data revealed a decrease in food inflation, from 8 percent in February to 7.7 percent last month. CPI for meat fell to 12.7 percent from 15 percent.
This overview of three of Stats SA's statistical releases - CPI, motor trade sales and civil cases for debt - demonstrates the overall point well: data must be interrogated in detail for its full use to be exploited.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information, visit www.statssa.gov.
<fn>GOV-ZA.26aug20041En.2012-02-10.en.txt</fn>
Markets and the media tend to focus attention on the economic statistics released regularly by Statistics SA.
Consumer and producer price indices (CPI and PPI) invariably make headlines, as do the quarterly estimates of gross domestic product (GDP).
The link between the setting of interest rates by the Reserve Bank and the movement in the CPIX, which excludes mortgage rates, is often debated by financial and economic analysts.
Yesterday's release of July CPIX data, showing a lower-than-anticipated annual increase of 4.2 percent (and a decrease of 0.8 percent compared with June), will no doubt generate speculation over the further movement of interest rates.
Other statistics are, however, no less important in what they indicate.
For example, at the end of last month, Stats SA released the 2004 mid-year population estimates. As part of its adherence to the International Monetary Fund's special data dissemination standard, Stats SA publishes population estimates for the country as a whole and the nine provinces annually.
This is particularly important in the years between each population census.
In mid-2004, the population was estimated at 46.6 million, an increase of 1.8 million over the October 2001 census figure.
Fifty-one percent of the population is female. Provincial estimates show that KwaZulu-Natal has the largest share of the population (20.7 percent), followed by Gauteng (19 percent). Northern Cape has the smallest share (1.9 percent).
Although there are crude estimation methods, such as inflating the total population at one date by an assumed overall annual growth rate, most serious estimation efforts use the cohort-component approach.
In this method, the population at the start date is disaggregated by sex and age.
The initial population, in this case the 2001 population census, is projected forward by applying age-specific fertility, mortality and migration schedules.
Separate mortality schedules for males and females are applied to each age group.
The result is the population estimated by sex and age at a point in time.
From this estimate a number of useful things can be calculated, including the number of working people in the working ages. The estimates can also be used as the denominator to calculate GDP per capita.
The latest mid-year estimate implies that the per capita GDP should be slightly adjusted upwards as the population growth rate has declined slightly.
It also suggests positive net migration will lead to substantial growth in Gauteng and the Western Cape in the short term.
For Gauteng, it is estimated that 850 000 people will move to the province and 350 000 will move out of the province between 2001 and 2006, resulting in net positive migration of 500 000.
For the Western Cape, the estimated net migration for the same period is 225 000 people, while it is projected that KwaZulu-Natal will have a negative net migration.
These interprovincial shifts in the population suggest that Gauteng might become the most populous province by 2011, when the next full population census takes place.
There has been much concern about the effect of HIV on fertility in South Africa.
There is evidence that being HIV positive lowers the biological ability of women to have children.
There are also arguments that behavioural changes among persons who are HIV positive might impact on fertility rates.
However, fertility in South Africa has been declining since the 1970s.
Given that fertility in South Africa declined from the mid-1980s to the mid-1990s by an average of 15 percent a year, and declined further between 1996 and 2001, the estimates suggests that the overall impact of HIV on the level of fertility is unlikely to be large in comparison with other factors.
There has also been some controversy over the impact of HIV on mortality. The mid-year estimates indicate that the HIV-positive population in 2004 is 3.83 million, or an HIV-prevalence rate of about 15 percent of the adult population.
This is based on empirical data from the causes of death study released by Stats SA in 2002 and the Human Sciences Research Council study on HIV.
Together with the data from ante-natal clinics, these studies provide the only empirical evidence about HIV/Aids in South Africa.
The accumulated Aids deaths up to 2004 were estimated at 1.49 million. However, Stats SA assumptions regarding HIV/Aids may change with the completion of a study on the causes of death.
Pali Lehohla is South Africa's statistician-general and the head of Statistics SA.
For more information on Stats SA and its statistical outputs, including the latest population estimates and yesterday's release of July CPI, visit www.statssa.gov.za, or call user services on (012) 310-8600.
<fn>GOV-ZA.26budgetincreaseaboostforsouthafrica2019ssccetechnologyEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.26collectiveinvesttschemesEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.26january20061En.2012-02-10.en.txt</fn>
Towards the end of last year, Statistics SA raised concerns about overreliance on single sources of information as a basis for economic and social measurement.
At the time, some prominence had been given to suggestions that Stats SA had been underestimating job creation. This was based largely on new registrations recorded by the unemployment insurance fund (UIF).
Yesterday's release of the September labour force survey (LFS) - the 12th round of this twice-yearly survey - demonstrates how important it is to have a long-term and consistent source of data, collected and analysed according to sound statistical principles.
The LFS is a twice-yearly household survey, specifically designed to measure the labour market. It provides insight into a variety of issues, including the level and pattern of unemployment, and the industrial and occupational structure of the economy.
The design of the questionnaire and definitions used conform to the requirements set by international bodies such as the International Labour Organisation.
The LFS collects detailed information of about 69 000 adults of working age (15 to 65 years) living in over 30 000 households across the country. These households, identified in each of the nine provinces, were visited by field staff employed and trained by Stats SA, and an LFS questionnaire was completed through face-to-face interviews for each household visited.
The LFS questionnaire collects very detailed information in a number of areas, thereby proving far more data than any single administrative source (such as UIF registrations) can supply. Eight sections, each focusing on a particular area of relevance, contain a total of 120 questions.
Household members running businesses.
The number employed - all persons aged 15 to 65 who did any work or who did not work but had a job or business in the seven days prior to the survey interview - was 12.
The number unemployed - persons aged 15 to 65 who did not have a job or business in the seven days prior to the survey interview but had looked for work or taken steps to start a business in the four weeks prior to the interview and were able to take up work within two weeks of the interview - was 4.
The labour force - the sum of employed and unemployed persons - was 16.
Those not in the labour force - those neither employed nor unemployed - were 12.
The population of working age - all persons aged 15 to 65 inclusive at the time of the survey - was 29.
Discouraged work-seekers - persons who want to work and are available to work but who say that they are not actively looking for work - 3.312 million.
The unemployment rate - the number of unemployed persons expressed as a percentage of the labour force - was 26.
The labour force participation rate - the number of persons in the labour force expressed as a percentage of the population aged 15 to 65 - was 56.
The labour absorption rate - the percentage of the population of working age who were employed - was 41.4 percent. The latest labour force survey allows for comparisons over five years (September 2001 to September 2005). It records changes in unemployment rates, job creation and job losses.
For example, the LFS reports that, in the year to September 2005, agricultural employment continued a downward trend. This was, however, more than offset by employment gains in trade (which increased by 482 000 jobs), finance (up 148 000) and construction (up 111 000). Over a longer period, from September 2001 to September 2005, 1.12 million jobs were gained in the labour market, of which 960 000 were in the non-agricultural formal sector.
This is the sort of authoritative detail that lies at the heart of official statistics, and which cannot easily be provided through irregular or inconsistent surveys, or through ad hoc analysis of single data sources.
Pali Lehohla is South Africa's statistician-general and head of Stats SA. For more information on Stats SA and its statistical output, including the latest LFS release, visit www.statssa.gov.
<fn>GOV-ZA.26july20052En.2012-02-10.en.txt</fn>
>The Northern Cape Department of Agriculture, Land Reform and Rural Development will be celebrating the Nelson Mandela Week starting from 13 July 2011. The Nelson Mandela Day campaign was launched two years ago by President Jacob Zuma to celebrate the birthday of Mr Mandela as well as his tireless contribution he made for the country and the world. Mandela Day is on 18 July, is also an annual International day adopted by the United Nations.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20020&tid=37443 Size: 1KB Collection: speeches_cm?
<fn>GOV-ZA.26july20071En.2012-02-10.en.txt</fn>
Data from Statistics SA's fifth annual general household survey, conducted last July, were released on Tuesday. This survey is designed to measure various aspects of the living circumstances of South African households, focusing on education, health, work and unemployment, housing, and access to services and facilities.
The survey has been conducted annually since 2002 and the current report allows for preliminary identification of trends over five years up to 2006. But some caution is required in interpreting these trends, not only because of the relative shortness of the time frame, but because some differences reported over the five years may not be statistically significant.
In last year's survey, information was collected from more than 30 000 households across the country. A questionnaire containing 169 questions was completed through face-to-face interviews for each household.
In terms of education, the survey reported that there was an increase in the percentage of people aged between seven and 15 attending educational institutions, from 96.3 percent in 2002 to 97.7 percent last year. There was a decline in the percentage of people aged 20 years and above with no formal education, from 12.1 percent to 10.7 percent. This is mirrored by a rise in the percentage of those aged 20 years and above with matric or grade 12, which rose from 21.1 percent to 23 percent.
An interesting health indicator involves coverage by medical aid funds, with a decline in the percentage of persons covered from 15.2 percent to 13.7 percent. The number of people covered fell from 6.923 million to 6.506 million.
One major objective of the household survey is to collect information about the type of dwellings, and the distribution of services such as water, sanitation and refuse removal.
The study shows large provincial differences in the percentages of households living in informal dwellings. The percentage rose from 12.7 percent in 2002 to 14.5 percent last year. Provinces such as Limpopo and the Eastern Cape have proportionally fewer households living in informal dwellings than others such as the Western Cape and Gauteng. The percentage is on the increase in the Free State, the Northern Cape, the North West and Gauteng.
Nationally, there was a steady increase in the percentage of households that receive government housing subsidies from 5.6 percent in 2002 to 9.5 percent last year. A larger percentage of female-headed households (11.6 percent) received such subsidies than male-headed households (8.3 percent).
The percentage of households that were connected to mains electricity rose from 76.1 percent to 80.2 percent. A similar trend is seen in the percentage of households whose main source of water was from a tap, either in the dwelling or on site. This has increased steadily from 66.1 percent to 71.3 percent.
The percentage of households that relied on bucket toilets or had no toilet facility declined from 13.2 percent in 2002 to 8.6 percent last year. The percentage fell notably in Limpopo, from 19.6 percent to 7.7 percent. In Gauteng the proportion is only 0.7 percent, even though the percentage of the population living in informal dwellings increased from 18.7 percent in 2002 to 23.9 percent last year.
The adequacy of food supply is an important indicator of wellbeing. Data from the survey are only broadly indicative of the extent to which household members experience hunger, since it is based solely on self-perceptions. Respondents were asked whether anyone over the age of 18 had gone hungry because there was not enough food, and a similar question was asked of persons younger than 18.
Last year there were about 13 million households in the country, but children were present in only 7.8 million. In 84 percent of these households, no child ever went hungry last year, up from 68.8 percent in 2002.
This survey is just one of many that are watched by those measuring and monitoring development and progress. Both consumer and production inflation are being carefully watched, with yesterday's consumer price data and today's producer price results bound to be analysed in depth by policy makers, legislators and economists. The results of the February community survey, which reached out to about 280 000 households, are due for release later this year. They will enhance and deepen the information gathered in the general household survey, and apply it to municipal level.
The household survey indicates that progress was made in a number of key respects between 2002 and last year. Attendance rates at educational institutions have increased. There has been a steady rise in the percentage of households that receive government housing subsidies. There was robust growth in the percentage of households connected to mains electricity and a marked decline in the percentage of households that use bucket toilets or have no toilet facilities.
These outcomes indicate an improvement in living circumstances, coupled with a declining percentage of adults and children reporting that they go hungry.
<fn>GOV-ZA.26june2011aEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.26june2011bEn.2012-02-10.en.txt</fn>
Stats SA provides scientific knowledge that enables society to understand complex socio-economic phenomena. It draws its mandate from the Statistics Act, 1999 (Act No 6 of 1999).
l Intellectual capability to lead the scientific work of statistics l Technological competence for purposes of large-scale processing and for complex computations and accessibility of information to the public l Logistical competence for deployment of (forward and reverse) logistics of large-scale field operations and for strategic choices regarding operational efficiency and cost-effectiveness l Political competence in understanding the political environment without being political or politicised (commitment of delivery without fear of favour) l Administrative competence: The ability of bringing it all together.
(One permanent position exists in the following Provincial Offices: l Western Cape Province (Ref. No. 41/06/11WC) l Northern Cape Province, Kimberley (Ref. No. 42/06/11NC) l North West Province, Mmabatho (Ref. No. 43/06/11NW) l Free State Province (Ref. No.
(Salary level 9: R206 982 per annum) Key performance areas: l Assist with the development of appropriate listing, demarcation and GPS capture procedures and methodologies l Assist with the review, identification, determination of strategy and acquisition of up-to-date datasets to effect accurate demarcation l Assist with the co-ordination and management of operations relating to the implementation of listing, demarcation and GPS processes l Verify and update place names and datasets l Assist with the building of a database of contracts that supply information and data to facilitate the demarcation process l Provide logistical and administrative support to the listing, demarcation and GPS capture staff l Assist with the review of technical and logistical issues linked to the implementation of the Master Sample l Participate in the building of effective partnerships with internal stakeholders.
software package l A valid driver's licence would be an advantage.
Person profile: This position will suit a person who: l Has good communication and report-writing skills l Has the ability to work effectively and under pressure.
Short-listed applicants must be willing to undergo a competency exercise as part of the selection process.
Required documents: l Z83 application form l Detailed CV with contact details of three recent references l Certified copies of qualifications and Identity Document. NB: Applicants risk being disqualified for failing to submit all the required documents.
Important note: l If you do not hear from us within three months of the closing date, please regard your application as unsuccessful l Correspondence will be entered into with short-listed candidates only l Statistics South Africa reserves the right not to make an appointment l Appointment is subject to security clearance, the signing of a performance agreement or plan, verification of the applicant's documents and reference checking l Applications received after the closing date will not be considered l Please clearly indicate the reference number of the position you are applying for in your application. If you apply for more than one position, submit separate applications.
l Northern Cape: Post to the Human Resources Officer, Statistics South Africa, Private Bag X5053, Kimberley 8301 or hand-deliver at the old Standard Bank Building, cnr Lennox and Du-Toitspan Roads, Kimberley 8301. Enquiries: Kindly contact Vuyisile Hadebe at (053) 802-6800/9.
Building, 22 Long Street, Cape Town. Enquiries: Kindly contact Bulelani Mbiyozo at (021) 481-5500.
No 55, North Entrance, James Moroka Drive, Mmabatho 2735. Enquiries: Kindly contact Mark Maruping at (018) 384-2877/8/9.
10 corner Moshoeshoe Road and George Lubber Street, Rocklands, Bloemfontein 9300. Enquiries: Kindly contact Sellwane Mokhosoa at (051) 447-7766. Stats SA endeavours to promote the careers of previously disadvantaged persons by applying the principles of appropriate legislation, eg the Employment Equity Act, 1998.
<fn>GOV-ZA.26june2011cEn.2012-02-10.en.txt</fn>
(Salary level 9: R206 982 per annum) (Ref. No.
Key performance areas: l Assist with the development of appropriate listing, demarcation and GPS capture procedures and methodologies l Assist with the review, identification, determination of strategy and acquisition of up-to-date datasets to effect accurate demarcation l Assist with the co-ordination and management of operations relating to the implementation of listing, demarcation and GPS processes l Verify and update place names and datasets l Assist with the building of a database of contracts that supply information and data to facilitate the demarcation process l Provide logistical and administrative support to the listing, demarcation and GPS capture staff l Assist with the review of technical and logistical issues linked to the implementation of the Master Sample l Participate in the building of effective partnerships with internal stakeholders.
Prerequisites: l A three-year tertiary qualification in Geography/Geographic Information System (GIS), coupled with at least three years' relevant experience l Experience in census and survey mapping operations l Knowledge of MS Office Suite and at least one GIS software package l A valid driver's licence would be an advantage.
l Northern Cape: Post to the Human Resources Officer, Statistics South Africa, Private Bag X5053, Kimberley 8301 or hand-deliver at the old Standard Bank Building, cnr Lennox and Du-Toitspan Roads, Kimberley 8301. Enquiries: Kindly contact Vuyisile Hadebe at (053) 802-6800/9. Stats SA endeavours to promote the careers of previously disadvantaged persons by applying the principles of appropriate legislation, eg the Employment Equity Act, 1998.
<fn>GOV-ZA.26may20051En.2012-02-10.en.txt</fn>
On Tuesday the finance minister launched a new Statistics SA report, Achieving a Better Life for All, drawing on census data from 1996 and 2001, and illustrating through detailed statistics where achievements were evident, and where much remained to be done.
According to the report, education has improved in terms of school attendance and higher qualifications, but the lack of capacity of teachers to teach effectively may be contributing to the relatively slow movement of learners through the system.
The relatively small number of people with 12 years of education and post-school qualifications also suggests that the supply of skills for a modern economy is a concern.
There was an improvement in access to education between censuses. Of people older than 19, larger numbers and larger proportions had some secondary education; larger numbers and proportions completed secondary school; and larger numbers and proportions attained tertiary qualifications.
The overwhelming majority of children aged between seven and 15 were attending school in 2001, but there was a trend for children to enter and leave educational institutions at a younger age in 2001.
The report reveals that the population growth rate has been declining while household formation has been accelerating, with vast policy implications. The population grew at about 2 percent a year, while households increased by 4 percent a year, a key factor in demand for housing, with 22 percent more households in 2001 than in 1996.
The provincial distribution of households also changed between censuses. In general, the number of people per household decreased across all provinces.
The proportion of households living in formal dwellings rose from 58.1 percent to 63.8 percent. There was a corresponding decrease in the proportion of households living in traditional dwellings, while the proportion living in informal dwellings stayed just above 16 percent.
New jobs were created in the formal sector but not fast enough to keep pace with the number of young people entering the labour market on an annual basis.
The distribution of the population by age and sex continues to resemble that of a developing country, while the use of electricity as the main energy source increased to above 50 percent and the proportion of households using piped water or taps increased from 81.5 percent to 85.2 percent.
The report provides a glimpse of the value of the data holdings that Stats SA has accumulated in the past 10 years, and how these data can be mined and analysed to obtain crucial information.
To download a copy of the report, click here.
<fn>GOV-ZA.26october20061En.2012-02-10.en.txt</fn>
Official statistics generally measure more than one data point in time, rather than presenting a single number or percentage. This allows for the measurement of change and the identification of trends. Economic indicators present rates of change over specified periods - inflation in one month is compared with a previous month (month on month).
This is demonstrated well in yesterday's release of the latest consumer price index (CPI) data, where it was reported that the official inflation rate (the percentage change in the CPI for the historical metropolitan areas at September this year compared with that of September last year) was 5.3 percent.
This is 0.1 percentage points lower than the annual rate of 5.4 percent in August.
Even when a specific statistic is presented, such as the size of the population measured through a full population census, this is compared with one or more previous censuses and indicates change in population size.
Stats SA compares data over time. Sometimes this involves measuring the same phenomenon, such as mining sales or wholesale trade sales. In other cases, merging of data is undertaken, where information from different data sets is integrated to measure complex phenomena such as poverty, or to construct multidimensional indices measuring deprivation or human development. Estimation of gross domestic product (GDP) involves a similar integration and comparison of multiple data sources.
Stats SA updates time-series data for a set of key economic indicators such as the CPI and GDP. This allows for the long-term comparison of data so that change can be measured and trends identified.
An important initiative facilitating data comparison of labour statistics over time was completed in September last year, when a historical series of revised estimates for the labour force survey (LFS) was published. This allowed for the comparison of data from September 2000 through to March last year.
It involved updating the entire series of LFS results to reflect new population estimates. In addition, all rounds of the LFS were benchmarked to Census 2001, including the early rounds that were previously benchmarked to Census 1996. This has rendered the entire LFS series comparable.
A similar exercise was done, which facilitated comparison between data sets compiled from October household surveys conducted between 1995 and 1999. This allowed Stats SA to analyse changes in life circumstances of individuals and households in the first five years of political transition following the 1994 elections, comparing key data from the survey of 1999 with data from the 1995 to 1998 surveys.
Comparison of results of the 1995 and 2000 income and expenditure surveys painted a picture of how income is distributed in South Africa by using five income quintiles. It examined expenditure patterns in households falling into different expenditure groups.
The 1995 findings on income and expenditure, inflated to 2000 market values, formed the basis of comparison with the data collected in 2000.
A report based on these comparisons looked at other changes in poverty over time, since poverty should not be viewed only in monetary terms. As a result, findings on poverty from previous Stats SA studies could, through data comparison and confrontation, be updated.
The Pan-African Census Explorer system, currently under development, will archive population census data and metadata so that information from population censuses held in 1970, 1980, 1985, 1991, 1996 and 2001, as well as censuses held in Bophuthatswana in 1980 and 1991 and the Ciskei and Venda in 1991 can be compared.
As part of this project, Stats SA has recently used data from the 1991, 1996 and 2001 censuses to measure change in areas in Pretoria. This made necessary the creation of a common geography for Pretoria across 10 years, so that the data being compared could be attached to selected areas.
Comparison of data over time and between and across statistical series requires consistency in methodology used and data items for which information is gathered. Where these change because of advances in statistical practices, quality improvement, changes in sampling methodology or the addition of new data items, this has to be recorded in the metadata that describe the data.
A centralised repository of metadata, recording all information required to use data sets, assists data comparison greatly and the building of such a facility, will be one of the first outputs of Stats SA's Data Management and Information Delivery project.
Measurement of change and identification of trends is a central element of statistical practice and is often undertaken as part of a collaboration between users and producers of statistics. In this context, Stats SA welcomed a recent media announcement that an international foundation made funds available to the University of Cape Town to facilitate data comparison on issues such as unemployment and poverty.
Analysts and researchers at universities, in the private sector, in non-governmental organisations and elsewhere, are frequently involved in data comparison activities, using official and other statistics.
Their initiatives form an integral part of the overall system of statistics and their work is often of considerable assistance in the ongoing data comparison and analysis undertaken by the official statistics agency.
<fn>GOV-ZA.27006cEn.2012-02-10.en.txt</fn>
of the Rules of the National Assembly.
Interested persons and institutions are invites to submit written representation on the Bill to the Secretary to Parliament by no later that 21 January 2005.
GENERAL EXPLANATORY NOTE: 1 existing enactments.
To amendthe Road Accident Fund Act, 1996, so as to extend the powers of the Fund regarding the conclusionof agreements; to alter the financial year of the Fund; to make new provision regardingthe Board of the Fund; to further regulate the Fund's obligation to compensate a third party for general damages, for certain hospital or expenses, for futureloss of income or support and for funeral medical expenses; to require the Fundto compensate a provider of emergency medical treatment directly, in accordance with a certain tariff;to repeal certain provisions limiting the liability of the Fund to R25 000 in respect of claims; to make further provision regarding the instances where the liability of the Fund shall be excluded; to extend the application of the provisioninterms of which a claim for compensation lies against the Fund or an agent only; to authorise the Minister to adjust certain amounts in order to counter the effect of inflation; and to provide for matters connected therewith.
co-ordinationoffunctions; (Iv) co-operative aovernance contemplated in Chapter 3 of the Constitution.
@J TheMinistershall.bvnotice in the Gazette, publish a summary of the terms of any agreement concluded under paraaraph (a).
1 [May] April of any year to PO April] 31 March of the following year[: Provided that thefirst financial year of the Fund shall be deemed to have commenced on the I* of May immediately preceding the commencement of this Act].
Amendment of section 10ofAct 56 of 1996, as amended by section1ofAct 43of 2002 3.
"(6) at least 8, but not more than 12, members appointed by the Minister, [taking into accountthe recommendations referred to in subsection (9), if applicable,] who maynotbe in thefull-time employmentofanygovernment, andwho shall eachcommand extensive experience in oneor more of the fields of insurance, finance, medical service provision, law, accounting and actuarial science, or in consumers' interests."
establish an executive committee of the Board, which shall consist of three membersof the Board, the Chairperson and Vice-Chairperson of the Boardand the Chief ExecutiveOfficer.
TheChairperson, or inhisorherabsence, the Vice-Chairperson, shall at all times preside at meet'ings of the Board [and the executivecommittee].
Amendment of sectionI1of Act 56 of 1996 4. Section 11of the principalAct is hereby amended by the deletioninsubsedion (l)(a)of subparagraph (iv).
Amendment of section 12 of Act 56 of 1996 5.
Minister [upon the the Board], with the concurrence of the Board, appoint the Chief Executive Officer of the Fund on such terms and conditions of employmenthe[asorshe maydetermine: Provided that the Chief Executive Officer of the Multilateral Motor Vehicle Accident Fund holding that oRce immediately prior to the commencement of this Act, shall be deemedto have been appointed as such in respect of the fundinterms of this subsection] the Board may determine.
(ii)hold office at the Minister's pleasure.
Substitution of section 17 of Act 56 of 1996 6.
26, inthe case of a claimfor compensation under this section arising from the driving of a motor vehicle where the identity of neither the owner nor the driver thereof has been established, be obliged to compensate any person (the third party) for any loss or damage which the third party has sufferedaasresult of any bodilyinjuryto himself or herself or the death of or any bodily injury to any other person, caused by or arising from the driving of a motor vehicle by any person at any place within the Republic, if the injury or deathis due to the negligence or other wrongful act of the driverof or the owner of the motor vehicle or of his or her employee in the performance of the employee's duties as employee: Provided that the obliaation of the Fund compensate a third partv for qeneral damages. for pain and suffering.
"serious iniurv" means a permanentiniurv which leads to total disablement or loss of sight. or loss of a limb or the use thereof or such other serious iniuries as the Minister may prescribe.
& Assessment of serious iniuries shall be based on a prescribed method adopted after consultation with medical service providers and shall be reasonable in ensuring injuries are considered in relation to the circumstances of the third paw.
[(2) Upon acceptance of the amount offered as compensation in terms of subsection (I)the third party shall beentitled to the agreed party and party costs or taxed party and party costs in respect of the claim concerned.
compensation which a court awards to any third party by virtue of the provisionsof subsection (1) shall be payable unless14 days have elapsed fromthe date of the court's relevant order.
In issuing any order as to costs on making such award, the court may take into consideration any written offer, including a written offer without prejudice in the course of settlement negotiations, in settlement of the claim concerned, made by the Fund or an agent before the relevant summons was served.
Minister of Health; and private health care, be based on the National Health Reference Price List published bv the Council for Medical Schemes, and shall be prescribed by the Minister after consultation with that Council.
The tariff contemplated in paragraphs (i)and (ii)shall be prescribed after consultation with medical service providers andbeshall reasonable compensation, taking into account factors such as the cost of such treatment and the abilitv of the Fund to provide the compensation.
@J The liabilitvof the Fund shall.in the case of future loss of income. cease uponthe death of the third Dam or the attainmentof the aaeof 65 vears. whichever occurs first.
@ Anv compensation paid in respect of loss of support shall be divided eauallv amongst dependents. The liabilitv of the Fund for loss of in respect of a claim support shall cease upon the date the deceased would have reachedagetheof65 years or, if earlier-& in the case of such a claim bv a spouse, upon remarriane: and & in the case of such a claim bv a dependent child, upon attainment of the age of 21 vears.
Where a third party is entitled to compensation in terms of this section and has incurred costs in respect of accommodation of himself or herself or any other person in a hospital or nursing home or the treatment of or any service rendered or goods suppliedto himself or herself or any other person, the person who provided the accommodation or treatment or rendered the service or supplied the goods (the supplier) may claim the amount direct from the Fund or an agent on a prescribed form, and such claim shall be subject, mutatis mutandis, to the provisions applicable to the claim of the third party concerned, and may not exceed the amount which the third party could, but for this subsection, have recovered.
The Fund, or an agent with the approval of the Fund, may make an interim payment to the third party in outof the amount to be awarded terms of subsection(I)to the third party in respect of medical costs, loss of income and loss of support: Provided that the Fund or such agent shall, notwithstanding anything to the contrary in any law contained, only be liable to make an interim payment in so far as suchcosts have already been incurred and any such losses have already been suffered.
b) Forthepurposes of paragraph (a)'emergencvmedical treatment means the provision of reasonable and appropriate emergency treatment bv a prescribed providerof such service in order to stabilize the emergencv medical condition, and includes triaaina. resuscitation, stabilizationor monitoring of the patient.
or part, or death of the person concerned.
Amendment of section 18 of Act 56 of 1996 7.
"(4) The liabilityofthe Fundor an agent to compensate a third party for anyloss or damage contemplatedinsection 17 which is the result of the death of any person shall [limited to the in respect of funeral expenses be necessary actual coststo cremate the deceasedor to inter him or her ina grave] fixed atR5 000.".
"msuffered as a result of an emotional shock sustained bv that person when that person witnessed or observed or was informed of the bodilv iniurv or the death of another person as a result of the drivinq of a motor vehicle.".
Substitution of section 21 of Act 56 of 1996 9.
IO.
266. The Minister may, in relation to (4A) and (7).make section 17(4)(a).
&l the resolution of disputes between the Fund and health care providers.
@J the resolution of disputes between the Fund and Droviders of emeraencv medical treatment.
26D. (IJThe Minister mav. after consultation with the Board, bv notice in the Gazette amend any amount referred to in order to counter the effect in section 17 or 18(4) of inflation.
TheMinistershall, al least 120 davs before anv amendment contemplated in paragraph (a).
setting out the proposed content of the amendment: and inviting comment or obiections for submission to the Director-General: Transport within the period specified in that notice.
Any claim for compensation under section 17 of the principal Actin respect of which the causeof action arose prior on be dealt to the date which this Act took effect must with as if this Act had not taken effect.
No.56 of 1996) ("the Act"), in various respects. These amendments are aimed at improving the governance of the Fund and addressing some issues, which would affect the liquidity of the Fund.
Chairperson and Vice-Chairperson of the Board of the Fund. It also seeks to abolish the executive committee of the Board.
Minister will be appoint the Chief Executive Officer of the Fund, with the concurrence of the Board.
It is also proposed in the Bill to put amonetary limit on claims for general damages, for pain and suffering, loss of amenities of life and disability, for future loss of income or support and for funeral expenses.A method for determining tariffs for payment of medical expenses is provided for. Those tariffs will be based on the tariffs used for public and private service providers. It is also proposed to repeal the provision in terms of which the Fund is liable for the legal costs of claimants.
These limitationswillresult in savings for the Fund.
Aprovision is proposed in terms of whichtheFundwill be required to compensate a provider of emergency medical treatment directly, irrespective of any wrongfulness or negligence on the part of any person.
It is believed that this provision will persuade providers of emergency medical treatment to provide such treatment to any person involved in a motor vehicle accident.
(e.g. claims in respect of persons who were conveyedfor reward) is limited to the amount of R25 000. It is believed to be unfair to have a specific limitation on such claims and that such claims should treated the sameas any other claim.
if apersonfails to attend ameeting in order tobequestioned in respect of a claim or to answer truthfully to questions put.
The Department took the oral and written comments and inputs given during the consultation process in the Portfolio Committee Hearings in 2003, regarding 664-03, intoaccount;theDepartmentpresentedtheDraft Bill to theRoadAccident Fund Board and their comments were incorporated; National Treasury was consulted on both the Bill and the financial implicationsof the Bill.
lo. TheStateLawAdvisersandtheDepartmentofTransportare of the view that this Bill must be dealt within the same manner asinthe case of 864 -03, i.e. in accordance with the procedure established by section75 of the Constitution, since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
<fn>GOV-ZA.27052009En.2012-02-10.en.txt</fn>
Community Safety, Security and Liaison MEC Sibongile Manana has called on police to ensure that there is law and order during the service delivery protests taking place in three different areas around the province.
The MEC has established that Mashishing residents at Lydenburg have threatened to disrupt the proceedings of tabling a municipal budget.
Although they did not get permission from authorities, they have threatened to go ahead with an unauthorized march with an effort to disrupt the proceedings.
At Volkrust, residents have also planned a legalized march to the magistrate court to demand a release of four juveniles who had been arrested for public violence sometime ago.
Two of them had already been given bail. The other two were not released since they had other pending cases. The residents have issued letters to the school principals threatening them that learners would not come for classes but will be joining the planned march.
Although the situation was calm at Ogies following the arrest of five people for public violence who were also in possession of heroine, the residents have also planned another march scheduled for Friday in protest for service delivery.
MEC Manana called on the police to be in full force in all these areas adding that they should deal with everybody who commit crime.
She said they should "do everything" in their power to ensure law and order.
"There is nothing wrong with authorized protests, the police should deal with those who think they have an opportunity to commit crime during these protests," said MEC Manana.
She said it was unfortunate that children were the ones who got arrested during public violence.
"We are calling on community to report those people who will be vandalizing their properties so that the police could be able to lawfully arrest them," said MEC Manana.
She explained that people usually destroyed other people's properties by throwing stones and burning houses.
She said it was unlawful to barricade roads, burn tyers on the streets and prevent others from going to work during the protests.
Issued by the Mpumalanga Department of Community Safety, Security and Liaison.
<fn>GOV-ZA.27052011En.2012-02-10.en.txt</fn>
Deputy Minister, Dr. Joe Phaahla, of Department of Arts and Culture, to speak at the Windybrow Theatre tonight at Africa Day Celebrations
Dr. Joe Phaahla, Deputy Minster of Arts and Culture, will address the audience at Windybrow Theatre tonight on the significance of Africa Day. Deputy Minister Phaahla says," As Africans we pledge our pride in our heritage and culture, to address the challenges we are facing and to act in unison for the future for all of Africa's children and for all future generations".
The Department of Arts and Culture (DAC) in collaboration with the Windybrow Theatre will celebrate Africa Day tonight. Through the support of DAC, Windybrow Theatre has repositioned itself as a Pan-African Centre of excellence in the arts. The Windybrow is focusing itself on the African Renaissance and Pan Africanism and through its programmes showcasing many African classics and bringing African art to the people. The performances tonight include Kunle Ayo of Nigeria and South Africa's Sipho "Hotstix" Mabuse. This show begins a Festival of Arts at the Windybrow this weekend.
Media is invited.
Copyright © 2006 Department of Arts and Culture.
<fn>GOV-ZA.27072010En.2012-02-10.en.txt</fn>
Community receives reflector jackets.
The event is part of the department's programmes which is meant to assist the CPF and the patrol teams when patrolling in the community. The initiative will also assist in enhancing visibility of the police in the areas.
It is the department's belief that with initiatives like this, partnerships with the society against criminality will be strengthened and safer communities will henceforth be created.
<fn>GOV-ZA.27072011En.2012-02-10.en.txt</fn>
Mpumalanga Safety, Security and Liaison MEC, Vusi Shongwe has called for the strengthening of border as this will have an impact in reducing crime in the province and the country.
He has called on the police and defence to work together in ensuring that all illegal crossings are closed especially around Mananga border area.
Shongwe has called on the community around border lines to use legal ports of entries and refrain from illegal crossings.
He said they do not have to first become the victims of crimes such as human trafficking and stock theft to realize how dangerous illegal crossings.
The MEC was responding to calls by the Mananga residents who have called on the department to allow them to use illegal border crossings.
The purpose of the campaign is to educate communities living next to border lines not to cross the border through illegal crossings and to be aware of dangerous foreigners who use the border line to smuggle stolen goods and drugs.
The Mananga residents told the representatives of the department of Safety, Security and Liaison that they cannot afford to apply for passports; hence illegal crossing is the solution.
They complained that passports were too expensive for them, since most of them were unemployed. Some of them said their relatives lived in Swaziland while others complained about the costs they need to pay SARS when they have brought something from the neighboring countries.
One community member said it was useless for him to go to the gate while the illegal crossing was near where he stays.
They pleaded with the department to assist them get passports for free or to be allowed to continue using the illegal crossings.
Speaking at the same event was project manager, Mr Robert Mkhwanazi who alerted the community about the dangers of using the border lines.
He said that people were killed and women were robbed and raped in those areas. He also told the community not to allow strangers or foreigners in their homes and should alert the police if they suspect something from a stranger.
MEC Shongwe has encouraged residents living next to border lines to apply for passports and stop using illegal crossings.
He says it is a crime to use illegal crossings and people will be arrested if found crossings the border line.
Shongwe also added that the police together with the South African National Defence Force will continue to guard the border and will arrest those who break the law, including corrupt officials working at the border.
He said illegal crossings will not be allowed instead the police and the defence must intensify patrolling of those borders in order to reduce transnational crime.
He added that the same people who now want to illegally travel between this country and Swaziland are the ones who would later blame the government when their livestock is stolen and taken out of the country or when their families becomes victims of human trafficking.
<fn>GOV-ZA.27092010En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.27137592066En.2012-02-10.en.txt</fn>
Key performance areas: l Conceptualise, plan and design labour statistics-related surveys l Develop labour statistics-related survey measurement tools which are gender responsive l Develop labour statistics survey methods, including quality assurance procedures l Be responsible for the analysis and report writing of gender-related labour statistics l Be responsible for user interaction and consultation on issues relating to labour statistics and gender l Ensure human capacity development l Participate in cross-cutting programmes/ projects at international, national, institutional and divisional levels.
Prerequisites: l A three-year tertiary qualification in Statistics/Economics/Demography/ Sociology/Gender Studies/Poverty or Development Studies l A Master's degree or higher will be an added advantage l At least six years' relevant experience l Experience in data analysis, SAS programming and survey management l Experience in survey methodology, sampling theory, planning of surveys, questionnaire design and data analysis l Good knowledge of statistical packages (eg SAS, SPSS) and MS Office Suite.
Person profile: These positions will suit persons who: l Have good analytical, numeric and interpersonal skills l Have knowledge of report writing, basic programming and the ability to work with team members l Have the ability to work independently, under pressure and meet deadlines l Are willing to travel extensively and work long hours, weekends and holidays when required.
Key performance areas: l Provide technical leadership in the acquisition, processing, analysis and dissemination of health statistics l Liaise with health statistics stakeholders in the development of the plan on production of health statistics l Provide statistical support to stakeholders l Perform oversight and co-ordination functions within sub-projects.
Du-Toitspan Roads, Kimberley 8301.
Enquiries: Kindly contact Vuyisile Hadebe at (053) 802-6800/9.
l Western Cape: Post to the Human Resources Officer, Private Bag X9072, Cape Town 8000 or hand-deliver on the 3rd Floor, Liberty Building, 22 Long Street, Cape Town.
survey mapping operations l Knowledge of MS Office Suite and at least one GIS software Enquiries: Kindly contact Mark Maruping at (018) 384-2877/8/9. package l A valid driver's licence would be an advantage.
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<fn>GOV-ZA.27379aEn.2012-02-10.en.txt</fn>
Amendment of section 2 of Act 57 of 1951, as amended by section 3 of Act 30 of 1959, section 31 of Act 69 of 1962, section 1 of Act 40 of 1963, section 1 of Act 13 of 1965, section 1 of Act 42 of 1969, section 1 of Act 24 of 1974, section 1 of Act 5 of 1976, section 1 of Act 3 of 1981, section 1 of Act 3 of 1982, section 1 of Act 25 of 1985, section 1 of Act 18 of 1992, section 1 of Act 16 of 1995, section 1 of Act 49 of 1996, section 1 of Act 23 of 1997, section 2 of Act 5 of 1998, section 1 of Act 57 of 1998, and section 60 of Act 58 of 1998 1.
" 'small vessel' means a vessel of less than 25 gross tons and of [more than] three or more metres in length overall:".
Amendment of section 4 of Act 57 of 1951, as amended by section 2 of Act 42 of 1969 and section 2 of Act 5 of 1976 and substituted by section 60 of Act 58 of 1998 2. Section 4 of the principal Act is amended by the deletion of paragraph (c).
Repeal of section 5 of Act 57 of 1951, as substituted by section 5 of Act 30 of 1959 and amended by section 3 of Act 25 of 1985, section 3 of Act 23 of 1997 and section 2 of Act 5 of 1998 3. Section 5 of the principal Act is repealed.
Amendment of section 18 of Act 57 of 1951, as amended by section 2 of Act 5 of 1998 and section 60 of Act 58 of 1998 4.
"(1) Whenever the Minister is satisfied that provisions substantially the same as those of this Act relating to the measurement of the tonnage of ships are in force in any other country, [he] the Minister may by notice in the Gazette direct that ships registered in that country shall without being resurveyed in the Republic be presumed to be of the tonnage denoted in their certificates of registry or other national papers, in the same manner, to the same extent, and for the same purposes as the tonnage denoted in the certificate of registry of a South African ship is presumed to be the tonnage of that ship, and that [the] any space (in this section referred to as excluded space) shown by the certificate of registry or other national papers of any ship registered in such other country as deducted from the tonnage [on account of being occupied by seamen or apprentice-officers and appropriated to their use] shall, [for the purpose of determining her tonnage] if a similar deduction in the case of a South African ship depends on compliance with any conditions or on the compliance being evidenced in any manner, be presumed to [have been certified by a surveyor under subsection (2) of section two hundred and sixty-two to comply with those of the provisions of this Act which apply to such a space in the case of a South African ship] comply with those conditions and to be so evidenced, unless a surveyor certifies to the Authority that the construction and equipment of the ship as respects the excluded space do not meet the standard which would be required if the ship were a South African ship."
(3) If any question arises as to whether the tonnage of any ship registered in any country to which any such direction relates, as denoted in [her] its certificate of registry or other national papers, materially differs from that which would be [her] its tonnage if measured under this Act, or as to whether the construction and the equipment of any ship so registered as regards [the said] any excluded space do for the purpose of determining the tonnage of the ship conform to the standards required under this Act, the Authority may direct that a surveyor inspect the ship.
If from the report of a surveyor so directed to inspect a ship it appears to the Authority that the tonnage of [that] the ship, as so denoted, materially differs from that which would be [her] its tonnage if measured under this Act or that [her] its construction and equipment as regards [the said] any excluded space do not, for the purpose of determining her tonnage, conform to the said standards, or if for any reason it appears to the Authority that the tonnage of any ship so registered has been erroneously computed, it may order that, notwithstanding any direction for the time being in force under this section, that ship or any ship registered in the country to which the direction relates shall, for all or any of the purposes of this Act or of the Ship Registration Act, 1998 (Act No. 58 of 1998). be surveyed in accordance with this Act.
Amendment of section 72A of Act 57 of 1951, as inserted by section 3 of Act 3 of 1981 and as amended by section 60 of Act 58 of 1998 5.
"(1) No vessel of less than three metres in length overall shall go to sea from any port in or from anywhere else on the coast of the Republic."
"(b) prescribe the purpose for and the area in which a vessel of less than three metres hi length overall may be used; and".
Amendment of section 73 of Act 57 of 1951, as amended by section 15 of Act 30 of 1959, section 37 of Act 69 of 1962, section 11 of Act 40 of 1963, section 4 of Act 5 of 1976, section 1 of Act 3 of 1989, section 2 of Act 5 of 1998 and section 5 of Act 57 of 1998 6.
"(1) Subject to the provisions of this section, the owner and the master of every South African ship operating at a port in the Republic or going to sea from any port whatsoever shall ensure that there [is] are employed on board that ship in their appropriate capacities the number of officers and other persons, duly certificated or deemed to be certificated under this Act, as prescribed by regulation [or deemed to be so certificated].".
Amendment of section 124 of Act 57 of 1951, as amended by section 19 of Act 30 of 1959 and section 13 of Act 3 of 1982 7.
"(1) When settlement of the wages of a seaman of a South African ship is required to be and is completed before a proper officer, the said seaman shall sign in the presence of the proper officer a release, in the prescribed form, of all claims in respect of the period of service concerned. The release shall also be signed by the proper officer and shall operate as a mutual discharge and settlement of all relative demands between the parties concerned, but shall not debar a claim under any law relating to [workmen's] compensation for occupational injuries and diseases.".
Amendment of section 140 of Act 57 of 1951, as amended by section 21 of Act 30 of 1959 and section 5 of Act 3 of 1981 8.
"Nothing in this section shall deprive any seaman of any compensation to which he may be entitled in terms of the [Workmen's Compensation Act, 1941 (Act No. 30 of 1941)] Compensation for Occupational Injuries and Diseases Act. 1993 (Act No.
"(6) A seaman shall not be entitled to receive any compensation under the [Workmen's Compensation Act, 1941 (Act No. 30 of 1941] Compensation for Occupational Injuries and Diseases Act. 1993 (Act No. 130 of 1993). for temporary partial disablement or temporary total disablement in respect of any period for which he has been paid wages in terms of this section; but his employer who has paid such wages to him for that period shall, if he has paid all assessments for the payment of which he is liable under that Act, be entitled to recover from the [accident fund established under that Act] Compensation Commissioner an amount equal to the compensation that would, but for the provisions of this section, have been payable to the seaman under that Act in respect of that period.".
Amendment of section 169 of Act 57 of 1951 9.
(5) Nothing contained in this section shall deprive any person of any benefit to which he may be entitled under Chapter VIII of the [Workmen's Compensation Act, 1941 (Act No. 30 of 1941)] Compensation for Occupational Injuries and Diseases Act. 1993 (Act No. 130 of 1993). and to which this section does not entitle him.
A seaman shall not be entitled to receive the same benefit under this section and also under the [Workmen's Compensation Act, 1941 (Act No. 30 of 1941)] Compensation for Occupational Injuries and Diseases Act. 1993 (Act No. 130 of 1993): but his employer who has incurred any expense under this section which the [Workmen's] Compensation Commissioner would, but for the provisions of this section, have been liable to defray, shall, if he has paid all assessments for the payment of which he is liable under that Act, be entitled to recover that expense from the [Workmen's] Compensation Commissioner.
In this section the expression 'seaman' includes every person employed or engaged in any capacity on board any ship [but in the case of a ship which is a fishing boat, does not include any person who is entitled to be remunerated only by a share in the profits or the gross earnings of the working of the boat].
Insertion of Chapter IVA in Act 57 of 1951 10.
in the case of a deceased seaman, his or her dependants.
For the purposes of this Chapter, an accident shall be deemed to have arisen out of and in the course of the employment or engagement of a seaman notwithstanding that the seaman was at the time of the accident acting contrary to any law applicable to his or her employment or engagement or to any order by or on behalf of his or her employer or the owner of the ship, or that he or she was acting without any order of his or her employer or the owner of the ship, or an agent or servant of the owner of the ship, if the seaman was so acting for the purposes of or in the interests of or in connection with the business of the ship.
For the purposes of this Chapter, the conveyance of a seaman free of charge to or from his or her place of employment or engagement for the purposes of his or her employment or engagement by means of a vehicle driven by the employer or the owner of the ship, or an agent or servant of the owner of the ship, shall be deemed to take place in the course of the seaman's employment or engagement.
ships that are required to have a local general safety certificate in terms of section 203(8).
any other ship, or class of ships, prescribed for the purposes of this paragraph.
189C. (1) The owner of a ship shall maintain insurance or other financial security in accordance with the regulations to provide compensation for every seaman belonging to the ship who suffers loss of life or personal injury as a result of an accident.
To avoid doubt, the regulations may prescribe when a seaman shall be taken, for the purposes of subsection (1). to belong to a ship.
An owner of a ship who demands or receives from a seaman a contribution towards the cost of insurance or other financial security required to be maintained in terms of this section shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.
the day that is the last day in the balance of the period during which the relative insurance or security is to remain in force.
The owner of a ship shall lodge with the proper officer, in the prescribed manner and time, an authenticated copy of each certificate issued in terms of subsection (1) in relation to the ship.
If a copy of a certificate is not lodged in accordance with subsection (2). the owner shall, in respect of each day on which the copy is not so lodged (including the day of a conviction in terms of this subsection or any subsequent day), be guilty of an offence and liable on conviction to a fine not exceeding R1 000.
A relevant insurance certificate and any other document relating to insurance or other financial security that is evidenced by such a certificate shall be admissible in evidence.
189E. (1) If a ship enters or leaves, or attempts to enter or leave, a port in the Republic without having on board a relevant insurance certificate that is in force in relation to the ship, the master and the owner of the ship shall each be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years.
If a ship enters or leaves, or attempts to enter or leave, a port outside the Republic without having on board a relevant insurance certificate that is in force in relation to the ship, the master and the owner of the ship shall each be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years.
If. otherwise than in circumstances to which subsection (1) or .(2) applies, at any time a relevant insurance certificate is in force in relation to a ship and is not kept on board the ship, the master and the owner of the ship shall each be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.
The proper officer may require the master or other person in charge of a ship to produce a relevant insurance certificate that is in force in relation to the ship and, if the master or other person refuses or fails to produce the certificate to the officer, he or she shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.
If the proper officer believes on reasonable grounds that the master or other person in.charge of a ship is attempting to take the ship out of a port in the Republic at a time when the ship does not have on board a relevant insurance certificate that is in force in relation to the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.
This section commences 90 days after the commencement of section 189C.
the owner concerned has failed to maintain insurance or other financial security in terms of section 189C.
If a relevant incident occurs in relation to a ship, the owner of the ship at the time of the incident or. if the incident consists of a series of occurrences, at the time of the first occurrence shall be liable to pay to a seaman so much of any benefit that would have been payable to the seaman under an insurance or other financial security in terms of section 189C as remains unpaid because of the incident.
Section 261 does not apply to a liability in terms of this section.
the Compensation for Occupational Injuries and Diseases Act. 1993 (Act No.
the Road Accident Fund Act. 1996 (Act No.
any other law.
A person who has paid a benefit in terms of this Chapter may recover from any other person providing the same benefit under a law referred to in subsection (1) so much of the benefit as that other person would, but for this section, have been liable to pay.
189H. d To avoid doubt, nothing in this Chapter affects any liability for damages in respect of loss or life or personal injury suffered by a seaman as a result of an accident.
However, in awarding damages a court shall take account of compensation paid in terms of this Chapter.
If loss of life or personal injury in respect of which compensation is payable in terms of this Chapter was caused in circumstances resulting in some person other than the owner of the ship concerned (in this section referred to as 'the third party') being liable for damages in respect of the loss of life or personal injury, the person liable to pay the compensation may bring an action against the third party for the recovery of any compensation payable in terms of this Chapter.
In an action referred to in subsection (1). the amount recoverable shall not exceed the amount of damages (if any) that in the opinion of the court would, but for section 189H(2). have been awarded to the seaman concerned.
be set off against any debt of the person entitled to the compensation.
However, the person liable to pay compensation in terms of this Chapter may pay the compensation in whole or in part to the owner of a ship to the extent that the owner has, for the purposes contemplated in section 189C. made or undertaken to make voluntary payments to a seaman.
189K. Any provision of an agreement existing at the commencement of this section or concluded thereafter in terms of which a seaman cedes or purports to cede or relinquishes or purports to relinquish any right to compensation in terms of this Chapter shall be void.
189L. If a seaman has dependants, compensation in terms of this Chapter for loss of life shall not form part of the deceased seaman's estate.
189M. Any person who threatens a seaman or in any way compels or influences a seaman to do something resulting in or directed at the deprivation of that seaman's right to compensation in terms of this Chapter shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.
189N. (1) If the owner of a ship makes arrangements to provide compensation for loss of life and personal injury that, in the opinion of the Authority, is not less favourable to seamen than that required by this Chapter.
the Authority may, subject to such conditions as it may determine, approve the arrangements in writing.
the owner concerned shall not be required to maintain insurance or other financial security in terms of this Chapter.
The Authority may at any time in writing withdraw the approval or amend the conditions referred to in subsection (1).
The arrangements established by the Compensation for Occupational Injuries and Diseases Act. 1993 (Act No. 130 of 1993). are deemed to have been approved by the Authority under subsection (1).
Amendment of section 226 of Act 57 of 1951, as amended by section 20 of Act 42 of 1969 11.
"(3) When any such information is provided concerning any ship, the owner of the ship shall send a copy thereof to the Authority: Provided that the owner shall not be required to send a copy of any information to the Authority if a copy of the same information has been previously sent to [him] the Authority.".
Amendment of section 249 of Act 57 of 1951, as amended by section 32 of Act 30 of 1959 12.
"(2) Any person in charge of a radio station which is under the control of the [Postmaster-General] Independent Communications Authority of South Africa or which is carried on under licence issued by the [Postmaster-General] Independent Communications Authority of South Africa shall, on receiving the prescribed signal that a message is about to be sent under this section, refrain from sending messages for a time sufficient to allow other stations to receive the message, and shall transmit the message in such manner as may be required by the Authority. Compliance with this subsection shall be deemed to be a condition of every licence granted by the [Postmaster-General] Independent Communications Authority of South Africa under the [Radio Act, 1951 (Act No. 3 of 1952), or any amendment thereto] Telecommunications Act. 1996 (Act No. 103 of 1996). Nothing in this subsection shall interfere with the transmission by radio of any signal which by regulation has been declared to be a signal of distress.".
Amendment of section 259 of Act 57 of 1951, as substituted by section 15 of Act 18 of 1992 and amended by section 10 of Act 23 of 1997 and section 60 of Act 58 of 1998 13.
"shall within 24 hours after the [ship has arrived in a port or, if the event occurred in a port, within 24 hours after the event occurred but before the ship departs from that port] occurrence of the event but before the ship departs from any port at which it happens to be within that period, report the event to the nearest proper officer in the form prescribed, stating the nature of the event and of the probable cause thereof, the name of the snip, her official number, the port to which she belongs, the place where the event occurred and the place where the ship then is, and giving all other available relevant information: Provided that any event resulting in loss of life or serious injury shall forthwith be so reported by the fastest means of communication available."
"(1A) (a) The duty to report an event referred in subsection (1)(c) extends to the employer of any stevedore, shore contractor or incidental person who was involved in the event."
"(2) [Subsections] Subsection (1) [and (1A)] shall, subject to subsection (3), apply to every ship which is registered or licensed in the Republic or which is in terms of this Act required to be so licensed and to or in respect of or on board of which any such event as is referred to in [subsections] subsection (1) [and (1A)] has occurred anywhere, and it shall apply to a ship not registered or licensed in [a country other than] the Republic only while the ship is within the Republic or the territorial waters thereof and if any such event has occurred to or in respect of or on board of the ship during a voyage to a port in the Republic or within the Republic or the territorial waters thereof."
"(b) The owner or master of any ship concerned [and] or any employee or user who learns about an event [referred to in] which an employer is under a duty to report in terms of subsection (1A) shall forthwith notify the employer concerned, if known to him or her, of such event."
"(5) No person shall disturb or remove anything from the scene of an accident required to be reported in terms of this section unless permitted by the proper officer [or, if a person has been appointed under section 264 to hold a preliminary enquiry into the accident, by that person].".
Amendment of section 262 of Act 57 of 1951, as amended by section 51 of Act 69 of 1962, section 8 of Act 25 of 1985 and section 2 of Act 5 of 1998 14.
"(1) For the purpose of section [two hundred and sixty-one] 261. the tonnage of a ship shall be [her] its gross [register] tonnage."
in the case of [a] any other foreign ship, according to the law of the Republic, if capable of being so measured.
Amendment of section 268 of Act 57 of 1951 15.
"(6) If for any reason a majority of the members of the court (or, if the court consists of only two members, both members) are not agreed upon any matter of fact upon which a decision is necessary in order that the investigation may be completed, the presiding officer shall report that fact to the [Authority] Minister, and thereupon the Minister may refer the matter back to the court for reconsideration or may discharge the members of the court and, if he thinks fit, appoint another court of marine enquiry to hold the formal investigation.".
Amendment of section 277 of Act 57 of 1951 16.
"(3) If for any reason a majority of the members of the court (or, if the court consists of only two members, both members) are not agreed upon the question what the decision upon the appeal should be, the presiding officer shall report the fact to the [Authority] Minister, and thereupon the Minister may refer the appeal back to the court for reconsideration, or may discharge the members of the court and appoint another court of survey to hear the appeal.".
Amendment of section 282 of Act 57 of 1951, as amended by section 2 of Act 5 of 1998 17.
(1) If the Authority is of opinion that an appeal to a court of survey involves a question of construction or design or of scientific difficulty or an important principle, it may request the Minister to refer the appeal to one or more experts approved by the Minister and selected by agreement between the Authority and the appellant, or, in default of any such agreement, by the Minister, and thereupon the appeal shall be determined by such experts instead of by the court.
The [Authority] Minister, if the appellant in any appeal so requests and gives security to the satisfaction of the [Authority] Minister to pay any relative costs, shall refer the appeal to one or more experts selected in terms of subsection (1).
to more experts than one, the [Authority] Minister shall appoint one of them as presiding officer.
Substitution of section 286 of Act 57 of 1951, as amended by section 22 of Act 18 of 1992 18.
The presiding officer of a court of marine enquiry, maritime court of court of survey or body of experts to whom an appeal has been referred under section [two hundred and eighty-two] 282. or, if an appeal has been referred to only one expert that expert shall, at the conclusion of the investigation or hearing transmit to the [Authority] Minister the notes of evidence and as many copies as the [Authority] Minister may require of the record of the proceedings and the report and decisions; and any member of the court or any one of the experts who dissents from any decision may attach to the record his written reasons for so dissenting, and the presiding officer shall transmit such written reasons with the record.
When the investigation affects a master or member of the crew of a ship other than a South African ship the [Authority] Minister shall transmit a copy of the court's finding or decision, together with the notes of the evidence, to the proper authority in the country where the ship is registered.
Amendment of section 313 of Act 57 of 1951, as substituted by section 27 of Act 18 of 1997 19.
"(3) Every person [who, being the master of a ship involved in a collision, fails to comply with the provisions of section 258(1) or] who, being the master of a ship to which any provision of the collision regulations applies, without reasonable cause contravenes or fails to comply with that provision, shall on conviction be liable to a fine, or imprisonment for a period not exceeding two years.".
Amendment of section 325 of Act 57 of 1951, as amended by section 2 of Act 5 of 1998 20.
accepts such conditions he shall not thereafter be entitled to institute or maintain any action or other proceedings for damages on account of the detention, seizure or forfeiture.
Amendment of section 355A of Act 57 of 1951, as inserted by section 31 of Act 18 of 1992 21.
a group of employees [may] shall from their number elect a safety representative in the manner prescribed by regulation.
Amendment of section 356 of Act 57 of 1951, as amended by section 42 of Act 30 of 1959, section 59 of Act 40 of 1963, section 11 of Act 5 of 1976, section 6 of Act 24 of 1974, section 19 of Act 3 of 1982, section 9 of Act 25 of 1985, section 32 of Act 18 of 1992, section 7 of Act 16 of 1995, section 15 of Act 23 of 1997, section 2 of Act 5 of 1998, section 27 of Act 57 of 1998 and section 60 of Act 58 of 1998 22.
"(xliH) providing for the granting by the Minister or another specified person, on such terms (if any) as the Minister or other person may specify, of exemptions from specified provisions of the regulations for classes of cases or individual cases, and for the alteration or cancellation of exemptions so granted:".
This Act commences on the day fixed by the President by proclamation in the Gazette.
1 This Bill amends the Merchant Shipping Act, 1951 (Act No. 57 of 1951) ("the Act").
4 to delete or replace certain obsolete provisions and expressions.
3 Clause 1 corrects the definition of "small vessel" in section 2(1) of the Act to cover vessels on the three metre threshold. This introduces consistency with section 72A of the Act, which prohibits the taking to sea of vessels less than three metres in length.
4 Clause 2 deletes paragraph (c) of section 4 of the Act. The question of exemptions from the regulations is dealt with in Clause 22(c).
5 Clause 3 repeals section 5 of the Act. This section has become obsolete because the question of the Act's administration is dealt with in the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998).
6 Clause 4 amends section 18 of the Act to introduce consistency with the International Convention on the Tonnage Measurements of Ships, 1969. South Africa is a party to the convention.
7 Clause 5 amends section 72A of the Act to clarify that length overall (and not tonnage length) is applicable in relation to vessels less than three metres in length.
8 Clause 6 amends section 73 of the Act to improve the text. The amended text makes it clear that the capacities, number and qualifications of seafarers employed on a South African ship are to be in accordance with the regulations.
9 Clauses 7 to 9 amend respectively sections 124, 140 and 169 of the Act to replace obsolete references and to introduce language that is consistent with current legislation governing compensation for occupational injuries and diseases. Clause 9 also extends entitlement to medical and maintenance benefits to all seamen on a fishing boat, regardless of how they are remunerated.
10 Clause 10 inserts new Chapter IVA on Financial security for loss of life and personal injury, comprising sections 189A to 189N. The Chapter introduces a duty on the owner of a ship to maintain adequate insurance or other financial security for the purpose of compensating seamen belonging to the ship (or their dependants in the case of death) who suffer death or personal injury as a result of an accident arising out of and in the course of their duties. The purpose of the Chapter is to extend basic benefits to those seamen who are not covered by other statutory or company risk benefit arrangements (e.g. the Compensation for Occupational Injuries and Diseases Act, 1993). The Chapter does not displace any common law right to damages; moreover, it establishes an additional statutory right to compensation from the shipowner where, for example, the shipowner has failed to maintain insurance or security in terms of the Chapter. The minimum benefits to be provided and the other requirements to be met by insurance or other financial security in terms of the Chapter will be prescribed by regulation. The appropriate regulation-making powers are taken in Clause 22(a).
11 Clause 11 amends section 226 of the Act to make an editorial correction.
12 Clause 12 amends section 249 of the Act to replace certain obsolete references and to introduce language that is consistent with current telecommunications legislation.
13 Clause 13 amends section 259 of the Act to clarify the time frame for making accident reports and to make certain drafting improvements.
14 Clause 14 amends section 262 of the Act to introduce consistency with the International Convention on Tonnage Measurement of Ships, 1969.
15 Clauses 15 to 18 amend respectively sections 268, 277, 282 and 286 of the Act to strengthen the Minister of Transport's role in relation to formal shipping enquiries (i.e. courts of marine enquiry, maritime courts and courts of survey). These amendments, together with related changes to the regulations, transfer responsibility for the convening and administration of formal shipping enquiries from the South African Maritime Safety Authority (SAMSA) to the Minister of Transport and the portfolio department, the purpose being to introduce a greater degree of independence in the formal casualty investigation function.
16 Clause 19 amends section 313 of the Act to delete an obsolete crossreference.
17 Clause 20 amends section 325 of the Act to transfer from SAMSA to the Minister of Transport powers respecting release from forfeiture and mitigation of penalties. Because SAMSA has power under the Act to order forfeiture and impose certain penalties, it is appropriate that questions of release and mitigation are dealt with by another authority.
18 Clause 21 amends section 355A of the Act to make mandatory the appointment of certain ship safety personnel in the interests of maritime occupational safety.
19 Clause 22 amends section 356 of the Act to enable regulations under new Chapter IVA on Financial security for loss of life and personal injury; to enable regulations relating to the occupational safety duties of employees (in addition to those of shipowners, masters and employers); and to remove doubt about certain exemption powers in the regulations.
20 Clause 23 is a standard provision dealing with the short title and commencement of the enactment. Commencement is to be on a day proclaimed by the President.
<fn>GOV-ZA.27382En.2012-02-10.en.txt</fn>
I, Fholisani Sydney Mufamadi, Minister for Provincial and Local Government, in terms of section 154 of the Constitution, hereby publish the Re-determination of the Boundaries of Cross-Boundary Municipalities Amendment Bill, 2005,for public comment.
Comments may also be faxed to facsimile number (012) 334 4828 at the above address.
To authorise the re-determination of the boundaries of certain cross-boundary municipalities; to amend the Local Government: Cross-boundary Municipalities Act, 2000; and to provide for matters connected therewith.
of the Local Government: Cross-boundary Municipalities Act, 2000 (Act No. 29 of 2000), the re-determination of the boundaries of the municipalities referred to in the Schedule, is hereby authorised.
Amendment of Act 29 of 2000, as amended by section 2 of Act 69 of 2000 2. The Local Government: Cross-boundary Municipalities Act, 2000 (Act No.
North West and Northern Cape Local municipality CBLCI identified by Map No. 9 of the Schedule to Notice 207 of 2000 (North West) and Map No. 9 of the Schedule to Notice 99 of 2000 Northern Cape), respectively identified by Map No. 10 of the Schedule to Notice 291 of 2000 (Mpumalanga), and Map No.
identified by Map No. I1 of the Schedule to Notice 291 of 2000 (Mpumalanga), and Map No. 11 of the Schedule to Notice 288 of 2000(Northern Province), respectively identified by Map No. 12 of the Schedule to Notice-204 of 2000 (Mpumalanga), and Map No.
identified by Map No.13 of the Schedule to Notice 291 of 2000 (Mpumalanga), and Map No.
identified by Map No. 14 of the Schedule to Notice 204 of 2000 (Mpumalanga), and Map No.
North West and Northern Cape Local municipality CBLC7 identified by Map No. 15 of the Schedule to Notice 297 of 2000 (North West), and Map No. 15 of the Schedule to Notice 129 of 2000 (Northern Cape), respectively identified by Map No. 16 of the Schedule to Notice 207 of 2000 (North West), and Map No.
North West and Northern Cape District municipality CBDCI identified by Map No. 3 of the Schedule to Notice 297 of 2000 (North West), and Map No.
identified by Map No. 4 of the Schedule to Notice 291 of 2000 (Mpumalanga), and Map No.
identified by Map No. 5 of the Schedule to Notice 291 of 2000 (Mpumalanga), and Map No.
and Northern Province District municipality CBDC4 identified by Map No. 6 of the Schedule to Notice 204 of 2000 (Mpumalanga), and Map No. 6 of the Schedule to Notice 205 of 2000 (Northern Province), respectively identified by Map No. 7 of the Schedule to Notice 297 of 2000 (North West), and Map No.
Jorth West and Northern Cape District municipality DC9 identified by Map No. 8 of the Schedule to Notice-297 of 2000 (North West), and Map No.
Metropolitan Municipality of Ekurhuleni identified by Map 1 of the Schedule to Notice No. 291 of 2000 (Mpumalanga) and Map No. 1 of the Schedule to Notice 6574 (Gauteng) respectively, as amended by Map DEMO21 of the Schedule to Notice 104 of 2003(Gauteng), of the Schedule to Notice 3661 of 2003 (Gauteng), and the Schedule to Notice 325 of 2003 (Mpumalanga), and Map DEM719 of the Schedule to Notice 3661 of 2003 (Gauteng) and of the Schedule to Notice-325 of 2003 (Mpumalanga), and Map DEM722 of the Schedule to Notice 3661 of 2003 (Gauteng) and of the Schedule to Notice 325 of 2003 (Mpumalanga), and Map DEM723 of the Schedule to Notice 3661 of 2003 (Gauteng) and the Schedule to Notice No.
identified by Map No. 2 of the Schedule to Notice 297 of 2000 (North West), and Map No.
BILL, 2005 1. Section 2 of the Local Government: Cross-boundary Municipalities Act, 2000 (Act No.
with the concurrence of the legislatures of the provinces involved; and if the re-determination is authorised by national legislation.
of the Act. Irrespective of what decision is taken regarding the future of cross-boundary municipalities, these authorisations must be attended to in view thereof that the proposed boundary re-determinations have been taken into account for purposes of the ward delimitation process. The proposed re-determinations are set out hereunder.
are re-determined by aligning the current municipal boundary to Surveyor General cadastre affecting portions of the farm Tweefontein.
3.2 CHANGE TO BOUNDARY OF CBDC2 are re-determined by excluding Portions 4, 22 and 23 of the farm Doornpoort No.
are re-determined by aligning the current municipal boundary to the southern boundary of Stanza Bopape settlement.
The municipal boundaries of City of Johannesburg Metropolitan Municipality and Ekurhuleni Metropolitan Municipality are re-determined by excluding the township Commercial Extension 9 from the municipal area of City of Johannesburg Metropolitan Municipality and by including the mentioned extension in the municipal area of Ekurhuleni Metropolitan Municipality and by aligning the current municipal boundary to the Surveyor General cadastre affecting portion 38 of Erf no. 107 Elandspark, portions of the Farm 35 and portions of Farm 15 and Farm 1.
are re-determined by aligning the current municipal boundary to Surveyor General cadastre affecting the settlement north of Lakau.
and Greater Tubatse Local Municipality (CBLCS) are re-determined to align the current municipal boundary to Surveyor General cadastre affecting portions of the farm Quartzhill.
as part of the district management area NCDMAOQ.
are re-determined by aligning the current municipal boundary to Surveyor General cadastre affecting portions of the farm Kalbasfontein.
and Tshwane Metropolitan Municipality are re-determined by aligning the current municipal boundary to the outer boundaries of portions of the farms Rhenosterspruit and Riverside Estate.
and by including the Portion in the municipal area of Tshwane Metropolitan Municipality.
are re-determined by aligning the current municipal boundary to the Surveyor General cadastre by incorporating a portion of Winterveld into the Tshwane Metropolitan Municipality and a portion of farm Kromkuil into Moretele Local Municipality (NW371).
The concurrence of the legislatures of the provinces involved, is also required before the re-determination of boundaries can be finalised.
of cross-boundary municipalities will also affect neighbouring municipalities.
11.1 The State Law Advisers and the Department of Provincial and Local Government are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution.
of the Constitution.
of the Traditional Leadership and Governance Framework Act, 2003 (Act No.41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.27477bEn.2012-02-10.en.txt</fn>
Registered by NSB 04, Communication Studies and Language, publishes the following qualifications and unit standards for public comment.
This notice contains the titles, fields, sub-fields, NQF levels, credits, and purpose of the qualifications and unit standards.
Copies may also be obtained from the Directorate of Standards Setting and Development at the SAQA offices, Hatfield Forum West, 1067 Arcadia Street, Hatfield, Pretoria.
Comment on the unit standards should reach SAQA at the address below andno later than 13 May 2005.
Identify government information requirements.
Implement and follow up solutions.
<fn>GOV-ZA.2747En.2012-02-10.en.txt</fn>
Limpopo in Motion Anti Fraud and Corruption e-mail: afc@drt.limpopo.gov.za Telephone Number: +27 15 294 8231........ National Anti Corruption Hotline: 0800 701 701........ Fax Number: 0865 50 5008........ Departmental Service Delivery Complaints Mechanism - We Belong We Care We Serve........
Over 75 qualifiers will take place between 5 and 10 September, and they are as large in number as they are high in temperature with South American derbies, Asian play-offs, European tussles and African duels.
All South American teams, who play two qualifying matches between 5 and 10 September, have four qualifiers to play ahead of the World Cup draw, to take place in Cape Town on 4 December.
Press releases on GOV.
<fn>GOV-ZA.2749En.2012-02-10.en.txt</fn>
The 32 teams taking part in the 2010 FIFA World Cup have until 31 January to confirm their base camps to the world football governing body, FIFA.
<fn>GOV-ZA.274En.2012-02-10.en.txt</fn>
funeral undertakers appointed and recognised in terms of the law.
<fn>GOV-ZA.2751En.2012-02-10.en.txt</fn>
Argentina's national soccer team coach Diego Maradona says he will never forget the day that he visited two historically disadvantaged schools in Pretoria.
<fn>GOV-ZA.2752En.2012-02-10.en.txt</fn>
The people voiced their joy regarding the construction of the police station during the hand-over ceremony of 80 reflector jackets by the DSSL to Moretele Community Police Forum members.
The people said the receiving of the reflector jackets from MEC Manana meant that the station would finally be constructed.
<fn>GOV-ZA.27579bEn.2012-02-10.en.txt</fn>
The Sectional Titles Amendment Bill is hereby published for general comment.
Fax :(012) 328 3347 e-mail : slefafaQdla.aov.
(As introduced in the National Assembly as a section 75 Bill; Bill published in Government Gazette No.
to extend the manner in which a body corporate may acquire land for the extension of common property and to regulate the registration of land so acquired; to provide for the deletion of a proviso; to provide for the levying of special contributions by the trustees of a body corporate and the liability for payment of contributions levied; to provide for the substitution of the reference to the repealed Land Survey Act, 1927; and to provide for matters connected therewith.
I. Section 1 of the Sectional Titles Act, 1986 (Act No.
Amendment of section 156 of Act 95 of 1986, as inserted by section 10 of Act 63 of 1991 and amended by section 10 of Act 44 of 1997 2.
and no transfer or cession of a fraction only of his or her undivided share in such unit or exclusive use area and no hypothecation or lease of the whole or any fraction of his or her undivided share in such unit or right to an exclusive use area or a riqht referred to in section 25(1), shall be registered in a deeds registry, unless a certificate of registered sectional title or a certificate of real right [in the prescribed form] in respect of such undivided share is produced to the registrar.
Amendment of section 26 of Act 95 of 1986, as amended by section 16 of Act 63 of 1991 and section I9 of Act 44 of 1997 3.
"(1) A body corporate, authorized thereto in writing by all of its members, may purchase or otherwise acquire land to extend the common property and such land must be registered in the name of the body corporate."
No. 27579 39 proportion as their participation quota as reflected on the relevant sectional plan.
Amendment of section 36 of Act 95 of 1986, as amended by section 9 of Act 7 of 1992 4. Section 36 of the principal Act is hereby amended by the deletion of the proviso to subsection (2).
Amendment of section 37 of Act 95 of 1986, as amended by section 9 of Act 29 of 2003 5.
"(2) [Any] Liability for contributions levied under any provision of subsection (l), save for special contributions contemplated in subsection (2A), shall [be due and payable on] accrue from the passing of a resolution to that effect by the trustees of the body corporate, and may be recovered by the body corporate by action in any court (including any magistrate's court) of competent jurisdiction from the persons who were owners of units at the time when such resolution was passed : Provided that upon the change of ownership of a unit, the successor in title becomes liable for the pro rata payment of such contributions from the date of change of such ownership."
12A) A special contribution shall be due on the passinq of a resolution by the trustees of the body corporate levying such contribution and may be recovered bv the body corporate by action in any court (including any magistrate's court) of competent jurisdiction from the persons who were owners of units at the time when such resolution was passed.
"Special contribution".
other than contributions which arise from the approval of the estimate of income and expenditure at any annual general meetinq of a body corporate, determined as contributions to be levied upon the owners durina the ensuinci financial year.
The principal Act is hereby amended by the substitution for the expression "Land Survey Act, 1927 (Act 9 of 1927)", wherever it occurs, of the expression "Land Survey Act, 1997 (Act 8 of 1997)".
The Sectional Titles Amendment Bill, 2005 (hereinafter referred to as "the Bill"), proposes certain amendments to the Sectional Titles Act, 1986 (Act No.
1986) (hereinafter referred to as "the Act").
2.1 Clause 1 of the Bill proposes certain consequential amendments to the definitions of "Chief Surveyor-General"and "Surveyor-General"as a result of the repeal of the Land Survey Act, 1927 (Act No. 9 of 1927). It also seeks to amend the definition of "sectional mortgage bond"to align the periods for registered and unregistered leases or sub-leases.
empowers a registrar of deeds to register a sectional mortgage bond by which a unit, undivided share in a unit, land held under a sectional title deed, registered lease or sub-lease, undivided share in a unit or land, registered real right or undivided share in a unit or land, is hypothecated when a sectional title register has been opened and the sectional plan has been registered.
of the Bill proposes that this power also be extended to exclusive use areas.
of the Act grants the joint owner of a unit the right to apply to the registrar of deeds for a certificate of registered sectional title in respect of such owner's undivided share in the unit.
of the Act. It is also proposed that joint owners may either apply for a registered sectional title or a certificate of real right.
of the Act empowers the body corporate to purchase land to extend the common property.
of the Bill seeks to empower the body corporate to also acquire land otherwise, for example, by donation, exchange or bequest.
must be registered in the name of the body corporate.
of the Act.
of the Act disqualifies a developer or the owner of a unit in a scheme to be a member of a body corporate, if the developer ceases to have a share in the common property and the owner ceases to be the owner of a unit. The proviso contradicts the preceeding provisions and also creates legal uncertainty pertaining to membership of the body corporate. It is, therefore, proposed that the proviso be deleted.
Section 37 of the Act provides for the levying of contributions.
levies accrue from the passing of a resolution by the trustees of the body corporate and the persons who were owners of units at the time the resolution was passed, are liable for the payment thereof.
of the Bill, seeks to give clarity on the question pertaining to the payment of levies in cases where ownership changes.
Section 37 of the Act does not specifically provide for the levying of al contributions. Over the years the levying of special contributions or specific special purposes has become a general phenomenon.
of the Bill, merely confirms a situation which has existed for a considerable number of years.
The proposal in clause 6 of the Bill seeks to rectify the present legal situation.
Clause 7 of the Bill contains the short title.
There are no known constitutional implications.
To be undertaken by the Department of Land Affairs.
The State Law Advisers and the Department of Land Affairs are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or section 76 of the Constitution applies.
<fn>GOV-ZA.2766En.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2008/08091511451002.
This was the strong message from senior South African Government officials, the 2010 FIFA World Cup Organising Committee South Africa (OC) and FIFA as key 2010 figures addressed the world media in Beijing today. We at FIFA are working very hard in South Africa with South Africa to ensure that the World Cup will happen in South Africa. If we say the FIFA World Cup will take place in South Africa, it will take place in South Africa.
<fn>GOV-ZA.27683En.2012-02-10.en.txt</fn>
Air Quality Management is aimed at improving air and atmospheric quality through the implementation of Air Quality Management legislation, policies and systems at provincial level, and supporting Air Quality Management efforts at local, national and international levels.
The municipality is responsible for monitoring and controlling air pollution, marine pollution and industrial substance spillage in the area.
Environmental regulations are set out in the National Environmental Management Act 107 of 1998.
The Healthcare Waste Minimisation Club programme is a capacity-building programme to promote better management of healthcare waste in healthcare institutions. The clubs are points from which information is disseminated to healthcare practitioners and workers on waste management.
What is Suitable for Recycling How to Recycle Waste, What Paper Can I Recycle What Glass Can I Recycle Recycling Metal, Recycling Plastic, How to Recycle Electronic Waste, &nbsp;&gt;&nbsp?
IWEX is a free service for all South African businesses which help to match 'waste material generators' to 'waste material users'.
This is a capacity-building programme that aims to ensure that communities are willing to participate in community-based natural resource management through public participation, consultative meetings and workshops with key stakeholders, NGOs and CBOs and communities.
Training is provided through workshops aimed at familiarising stakeholders with environmental policy and development planning frameworks.
<fn>GOV-ZA.2768En.2012-02-10.en.txt</fn>
Transport Minister Sibusiso Ndebele says his department is ready to cope with the high volumes of traffic during the Fifa World Cup to be hosted in nine South African host cities in June.
<fn>GOV-ZA.2771En.2012-02-10.en.txt</fn>
Fifa Secretary General Jerome Valcke has slammed as "insane, unfair, bad and sad" reports that continue to discourage soccer fans from coming to South Africa to witness the Fifa World Cup in June.
<fn>GOV-ZA.2775En.2012-02-10.en.txt</fn>
The Gauteng Executive Council (Exco) has established a monitoring unit to work with municipalities and other government departments involved in the organising of the 2010 FIFA World Cup.
<fn>GOV-ZA.27769En.2012-02-10.en.txt</fn>
(as introduced in the National Assembly as a section 75 Bill; explanatory summary of bill published in Government Gazette No.
To provide for the application in the Republic of the Convention on the International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on matters specific to Aircraft Equipment; to provide for the procedure to be followed with reference to ratification of additional Protocols to the Convention; to provide for the substitution of the Convention or Protocol if necessary; to authorize the Minister to make declarations, amendments to existing declarations or withdrawal of declarations, if necessary; and to provide for matters connected therewith.
"Depositary" means the International Institute for the Unification of Private Law (UNIDROIT), designated in terms of Article 62 as the Depositary.
"Minister" means the Minister of Transport.
"Protocol" means the Protocol to the Convention on International Interests in Mobile Equipment on matters specific to aircraft equipment, annexed hereto as Schedule 2 including any subsequent protocol or amendments or additions ratified or acceded to in terms of this Act.
"this Act" includes the Convention, Protocol and any regulations made in terms of the Protocol.
The Convention and Protocol shall, subject to the provisions of this Act, apply in the Republic.
The State President may by proclamation in the Gazette add to this Act any Schedule containing a Convention or Protocol, relating to international interests in mobile equipment, including aircraft objects, railway rolling stock and space assets, ratified on behalf of the Republic.
to ratify or cause to be ratified on behalf of the Republic any Convention or Protocol which may from time to time be adopted in substitution for the Convention or Protocol or any Convention or Protocol contemplated in subsection (2).
The Minister may from time to time make, amend or withdraw declarations made under the Convention or Protocol or make, amend or withdraw any declarations made under any Convention or Protocol contemplated in subsection (2), by publication of such declaration, amendment or withdrawal in the Government Gazette and by notifying the Depositary of such declaration, withdrawal or amendment in the appropriate form.
substitute for the Convention appearing in the appropriate Schedule to this Act the Convention that has been ratified under paragraph (b) of subsection 3 of this Act.
<fn>GOV-ZA.2776En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2777En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.27784En.2012-02-10.en.txt</fn>
MPAHLWA, Minister of Trade and Industry, hereby, in terms of the Companies Act, 1973 (ACT No 61 of 1973), publish the Companies Amendment Bill for public comment.
The development and enforcement of financial reporting standards.
The promotion and maintenance of the independence of auditors.
The indemnification and imposition of a duty of confidentiality on inspectors.
Issues to be contained in the prospectus.
or fax 012-3942506 on or before 5 August 2005.
Words struck out and in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions to existing enactments.
To amend the Companies Act, 1973, so as to provide for the development and enforcement of financial reporting standards, to promote and maintain the independence of auditors, to update the requirements for registration of a prospectus, to further the objective and expedite the procedures of the Securities Regulation Panel, to indemnify and impose a duty of confidentiality on inspectors, and to provide for incidental matters.
"inspector" means a person appointed bv the Minister in terms of section 254. 257.
offer its shares to the public.
is not a subsidiarv or associate of, or joint venture with a public interest company, that is authorized bv unanimous consent of its members to operate as a limited purpose companv for purposes of this Act: movided c.
Neither the State, nor the Reqistrar. an inspector, or any officer or other person havinq duties to perform under this Act, shall be held liable for any loss sustained by or damaqe caused to any person as a result of any bona fide act or omission relatina to the is proved.
must be reqistered as a supplement to the prospectus, simultaneously published to known recipients of the prospectus and included with any future distribution of the prospectus.
Permission to withhold information the issuer's competitive or other interests. the Registrar mav.
shall be in writing and accompanied bv the prescribed fee.
There shall in addition be entered in the said register the name and date of appointment of the auditor of the company and, where the auditor is a firm, also of the nominated auditor specified in section 274(2), and, in each case, the date and particulars of any change of such name and date of appointment.
of the undertaking of the company; or the who-te or the greater part of the assets of the company.
unless it authorizes or ratifies in terms the specific transaction.
as a disposal by the holding company.
a court: or with the permission of the Minister.
reqistered auditors to be appointed be appointed auditor of a company unless that person is a reqistered auditor.
269A Audit committees for public interest comDanies of a company which, on the qualifvinq date, is a public interest company.
is an independent non-executive director if, except as a director and member of the audit committee, the director does not receive any remuneration or other benefit (whether direct or indirect).
to the board of directors is a reference to the board exclusive of anv director who, at the time of the appointment, is a member of audit committee of the company.
company shall at every annual general meeting appoint an auditor or auditors to hold office from the copclusion of that meeting until the conclusion of the next annual general meeting of the company.
he is not qualified for reappointment; or a resolution has been passed under section 278; or he has given the company and the Registrar notice in writing of his unwillingness to be reappointed at the next annual general meeting.
The provisions of subsection (2) shall not apply the tenure of an audit committee: or where notice of an intended resolution to appoint some person or persons in place of a retiring auditor has been duly given under section 279 but cannot be proceeded with by reason of the death, incapacity or disqualification of that person or of all those persons.
to receive and deal appropriatelv with any complaints (whether from within or outside the companv) relatinq either to the accountinq practices, includinq internal audit, of the company or to the content or auditinq of its financial statements or to anv related matter.
of subsection 1 with respect to the proposed auditor.
Neither the appointment nor the duties of an audit committee of a public interest company shall reduce the functions and duties of the board of directors of the company except with respect to the appointment, fees and terms of enqaqernent of the auditor.
A public interest company shall meet all expenses reasonablv incurred by its audit committee includinq, if the audit committee considers it appropriate, the fees of anv consultant or specialist ensased bv the audit committee to assist it in the performance of anv of its duties.
ascertain that the auditor does not.
consider undertaken bv the auditor: and whether the auditor's independence may appointment.
Except in the case of an appointment bv the Reqistrar, subsection (1 has effect subject to section 2 70A(2).
shall, if such auditor be the only incumbent, be filled by the directors within thirty days, and the provisions of section 271 shall mutatis mutandis apply in regard to the filling of such vacancy and the duty of the company; or may, if there be more than one incumbent, be filled by the directors, but while any such vacancy continues, the surviving or continuing auditor shall act as auditor of the company.
in the case of a vacancy in the office of auditor of a public interest company arisina durinq the tenure of an audit committee: and. in such a case, if the nominated auditor dies, or the auditor or nominated auditor becomes disaualified. resiqns or is removed. the directors shall within twenty to the audit committee a reqistered auditor to become the new auditor.
If, in such a case as is described in subsection 21, the former nominated auditor was a member of a firm and the firm itself is not disqualified or removed, onlv another member of the firm may be proposed to the audit committee to be the new nominated auditor.
If, within ten days of the making of a proposal to an audit committee under subsection (2).
the audit committee does not give notice in writins to the directors reiectinq the proposed auditor, the directors shall proceed to the appointment either bv appointinq the auditor or, as the case may require.
bv selecting the new nominated auditor.
In this Chapter "nominated auditor" means the individual mentioned in subsection 274(2).
This section applies where the reqistered auditor appointed as auditor of a companv is a firm.
The appointment of a firm as auditor of a public interest comoanv shall not be valid unless the appointment specifies, in addition to the name of the firm, the name of the individual reqistered auditor (beinq a member of the firm) who undertakes the audit.
In the case of a companv for which a firm is appointed as auditor for a financial year, a chanqe in the cornPosition of the members of the firm shall not of itself constitute a casual vacancv in the office of auditor for that vear, but if. bv comparison with the membership at the time of the appointment. less than one half of the members of the firm remain after any such chanqe, the occasion of that chanqe shall be taken as a resiqnation of the auditor and a casual vacancv shall be taken to have arisen accordinglv.
The same individual may not serve as the nominated auditor of a public for more than four consecutive financial vears.
Where an individual has served as the nominated auditor of a public interest company for two or more consecutive financial vears and then ceases to be the nominated auditor, the individual may not aaain become the nominated auditor of that company until of at least two further financial years.
by deleting the phrase if he is registered under the Public Accountants' and Auditors' Act, 1991 in subsection (3).
The Minister may prescribe further descriptions of services which an auditor may not perform for a public interest companv durinq a financial vear for which he is the nominated auditor.
does not affect the power of an audit committee under section 270AU)(d) to limit further the services which an auditor of a public interest companv may perform; and to any limitation imposed on an auditor in relation to a particular company bv virtue of section 21 of the Auditinq Profession Act 2004 (auditor havina financial interest in companv excluded from audit).
An auditor intending to resign shall deliver to the company and to the Registrar a written notification in the prescribed form to the effect that he has no reason to believe that in the conduct of the affairs of the company a reportable irregularity, within the meaning of section 22 of the Auditina Profession Act 2004 has taken place or is taking place which has caused or is likely to cause financial loss to the company or to any of its members or creditors, other than an irregularity (if any) which has been reported to the f%ibtk under that Act, and it shall not be necessary that such an auditor shall have carried out, for the purposes of such notification, a special audit subsequent to the date up to which the last annual financial statements on which he has already reported, were made up.
The directors of the company shall forthwith upon receipt of the said written notification w proceed to the appointment of an auditor in accordance with section 273 to fill the vacancy and shall lodge the said notification together with the return required under section 276 with the Registrar.
The resignation of an auditor shall become effective upon the receipt by the Registrar of the written notification referred to in subsection (2).
at the expiration of that period of three months was a director of the company or became a director of the company after that period has expired and before the filling of the vacancy; and was aware of the vacancy but failed to take all reasonable steps to ensure that it would be filled in accordance with subsection (3), shall together with the company be jointly and severally liable for all debts incurred by the company during the existence of the vacancy.
fin an ciaI re port in q issued in terms of section 440U(2).
statements.
"user" in relation to a financial reDort, means a shareholder, creditor, on information published bv the company.
Section 284 of the principal Act is hereby amended by deleting the word "annual" in the second last line of subsection (3).
a directors' report complying with the requirements of this Act; and an auditor's report as required by section 301.
b. by the deletion of subsection (3).
Not more than one month before the date of ah at which the board of directors of a public interest company will vote to approve the financial statements of the company for anv financial Vear-we-Wx the nominated auditor must attend a meetinq of the audit committee to consider to the auditor or the ba-d-audit committee to be of importance and relevant to the proposed financial statements and to the affairs of the company general Iv.
At everv annual qeneral meetinq of a public interest companv at which the financial statements of the companv for a financial vear are to be considered or aqreed. the nominated auditor must attend and respond to the best of his or her abilitv to anv question which is put to the auditor and is relevant to the audit of the financial statements.
If the nominated auditor fails to attend a meetinq as required bv subsection (1) or subsection (2).
the nominated auditor ensures that another individual who is a reqistered auditor attends the meetinq in place of the nominated auditor and carries out the duties of the nominated auditor at the meetinq; and if the nominated auditor is a member of a firm, the individual attendinq the meetinq in place of the nominated auditor is a member of that firm.
If, in the case of a companv other than a public interest comDanv due notice is qiven of the intention to move a resolution reauirinq the presence of the auditor at an annual qeneral meetinq of the companv at which financial statements of the company for any financial Year are to be considered, the auditor shall attend that meetinq and respond to the best of his or her abilitv to anv question which is put to the auditor and is relevant to the audit of the financial statements.
the nominated auditor is prevented bv circumstances beyond his or her control from attendinq the meetinq: and the auditor ensures that another individual who is a reqistered auditor attends the meeting in place of the nominated auditor and carries out the duties of the nominated auditor at the meetinq.
In this section "nominated auditor" has the meaninq qiven by section 274(3).
of company which d incomplete in any material particular or otherwise does not comply with the requirements of this Act, tsJa.4 issued, circulated or published, the company and every director or officer thereof who is a party to such issue, circulation or publication, shall be guilty of an offence.
For the purposes of subsection (1).
and in this subsection "scheme" includes any structure or form of words.
If a director or other officer of a company is found quiltv of an offence under section 287 in respect of an inaccuracv in or omission from anv financial statement, the director or other officer shall of an offence under this section in respect of the same inaccuracy or omission.
by the deletion of subsection (2); and by the deletion of the word "annual" in subsection (3)(a).
accordance with the financial reportinq standards referred to in section 286A(1).
b. by the deletion of subsection (2).
A limited purpose company need not consolidate financial statements.
directors required information about the state of affairs, business and profit or loss of the company and its subsidiaries would be presented more effectively and meaningfully in the manner v set out in subsection (2).
more than one set of consolidated annual financial statements, i.e.
Group financial statements may be whollv or partly incorporated in the company's own financial statements.
financial statements of a limited purpose company need not deal with a subsidiary if the directors of the company are of the opinion that it is impracticable or would be of no real value to members of the company, in view of the insignificant amounts involved, or would entail expense or delay out of proportion to the value to members of the company and, if the directors are of such opinion about each of the company's subsidiaries, group annual financial statements shall not be required.
the business of the company and that of a subsidiary are so different that they cannot reasonably be treated as a single undertaking or are of such opinion about each of the company's subsidiaries, group annual financial statements need not deal with that subsidiary, or, as the case may be, no group annual financial statements shall be required&Wie c. by deleting subsections (3) and (4).
and deleting the word "holding" before "company" in the first line.
Every public company having a share capital, other than a wholly owned subsidiary, shall not later than three months after the expiration of the first period of six months of its financial year send to every member and holder of debentures of the company an results1 of the company, or in the case of a holding company, of the company and its subsidiaries, during the said period of six months?
where a company has changed the end of its financial year under section 285 (2) (b) an additional interim report shall be made out for the period from the beginning of the financial year so changed to the date of the end of the financial year before it was so changed.
Every interim report and all provisional annual financial statements of a company shall be approved by the directors and signed on their behalf by two of the directors or. if there is onlv one director. bv that director.
(1 4) The panel may delegate any of its powers t+-&e which may be established by the panel.
b. by deleting the words "its executive committee or" in the first line of subsection (6).
at his request be allowed, at his own expense and under the supervision of the investigating officer, to make copies thereof or to take extracts therefrom at any reasonable time.
and who, without sufficient cause (the onus of proof of which shall rest upon him), fails to attend at the time and place specified in the summons or to remain in attendance until he is excused by the chairperson thereof from further attendance or, having attended, refuses to be sworn or to make an affirmation after he has been asked by the chairperson (or a person appointed by him) to do so or, having been sworn or having made affirmation, fails to answer fully and satisfactorily any question lawfully put to him, or fails to produce any book, document or other object in his possession or under his control which he has been summoned to produce, shall be guilty of an offence.
the executive director or the on any matter, knowing such evidence to be false or not believing it to be true, shall be guilty of an offence.
'regulator' means a statutory body with Dowers to or supervise companies or the tradinq of shares in companies and includes any self-requlatory orqanisation as defined in section 1 of the Securities Services Act, 2004 (Act of 2004). havina such powers.
Standards Council ("the Council").
The Council's obiective is to protect users of financial reports bv developing financial reportinq standards.
one person nominated bv the executive officer of the Financial Services Board: and one person each nominated bv every requirement.
The Council shall be autonomous and its members shall serve to promote the obiective of the Council.
and selected in terms of subsection (2).
who are not full-time emplovees appoint the chairperson and deputv chairperson of the Council.
shall be appointed everv three years and may not serve for more than six consecutive years.
at the time the Council is established. shall be former members of the Accountinq Practices Board: and at everv subseauent appointment. shall be former members of the Council.
who becomes insolvent.
serious misconduct: or conduct that undermines the intearitv or obiective of the Council.
time other than the close of a three Year cvcle shall be filled in the manner described in subsection (2).
meet at least three times a Year on dates set bv the chairperson.
Council at which at least ten members are present constitutes a decision of the Council.
The Council mav establish and appoint members to sub-committees to assist in performins the functions of the Council.
of the Council shall be open to the public.
public interest companies: and limited purpose companies.
Financial reportinq standards issued in terms of subsection (1) shall be in accordance with the International Reportinq Standards of the International Accountinq Standards Board or its successor bodv.
440T Interested persons in respect of Council wishinq to receive notice of vacancies on the Council, advance notice of meetinqs of the Council or drafts of anv prospective amendment to resister with the Council as an interested person.
prospective amendment of financial reporting standards.
submit financial reportins standards to the Minister.
The Minister shall issue financial reportinq standards on advice of the Council bv publication in the Gazette.
The Minister mav from time to time, after consultation with the Financial Services Board, specifv, proclamation in the Gazette, types or cateqories of companies to be monitored in terms of this section.
appear at a place desiqnated bv him or her to be questioned.
Investigations Panel ("the Panel").
and persons selected in terms of subsection (2).
not serve for more than six consecutive vears.
at the time the Panel is established, shall be members of the CAAP Monitorina at everv subsequent appointment, shall be former members of the Panel.
becomes insolvent. is certified mentallv unfit.
fails to disclose a conflict of interests; or incapacitated.
A vacancy arising at anv time other than the close of a three vear cvcle shall be filled in the manner described in subsection (2).
A person wishinq to receive notice of vacancies on the Panel mav reqister with the executive officer of the Panel as an interested person.
determine the procedures to be followed at its meeti nas determine the procedures to be followed bv an investiqation com meet at least twice a year on dates set bv the chairperson.
shall be in accordance with the Promotion of Administrative Justice Act, 2000.
Every member shall have one vote and the decision of eleven members at any meetinq of the Panel at which at least fourteen members are Dresent constitutes a decision of the Panel.
The Minister. the Resistrar. the Financial Services Board, and any other requlator or user who has reason to believe that a financial report of a public interest companv failed to complv with a financial reportinq standard, mav refer the matter to the executive officer of the Panel for investiqation.
the amount of the penaltv agreed won and how it was calculated.
The executive officer shall within five business davs of a matter beinq referred under subsection 1 1 assess whether the matter warrants investhation; and. if so submit to the chairperson of the Panel a statement of the reasons, with reference to the financial reportinq standards concerned.
serving on the committee would qive rise to any other conflict of interests.
a person qualified in law: and at least two persons qualified in accountinq.
within 18 business davs of its commencement, deliver a written report on the findinqs of its investiqation to the executive officer.
If the committee fails to conclude its investiqation within the 18 business davs provided, the committee shall deliver a provisional report. and the executive officer may then allow additional time or otherwise direct how the investiqation should proceed.
must record the different opinions.
submit written responses to questions appear at a place desiqnated bv the committee to be questioned.
member of an investiqation committee shall keep confidential the names of the other members of the committee and anv information disclosed to him or her durinq the course of an investiqation and not or use it for any purpose other than to discharue their duties under this Chapter or to comply with anv law.
Anv person who contravenes the provisions of subsection 1 shall be quiltv of an offence.
After due consideration of the response, the investiqation committee may amend the report and must within 14 business davs of receipt of the company's response. resubmit the report to the executive officer.
If no response was received bv the date specified in subsection (2).
within 2 business days of that date, or if a response was received, within 2 business davs of the resubmission of the report.
any the South African Institute of Chartered Accountants or other professional bodies: and the media.
Two months after its publication, a report shall become available for inspection bv the public at the office of the Resistrar.
revise and republish the financial report: or take any other remedial action, within a certain time.
shall be decided bv the nominated officer in consultation with the executive officer and the chairperson of the Panel.
If a company and the nominated officer do not reach aqreement under subsection (2).
or if the or take remedial action as aqreed. the nominated officer mav hand the matter over for prosecution.
A court shall not convict a companv or director of an offence under subsection (1 if it is satisfied that the companv has performed substantiallv in terms of an aqreement under subsection (2).
The Minister. in support of the Council and the Panel.
The Minister shall remunerate members appointed under sections 440Q 1 and 440X1 and reimburse reasonable expenses incurred in the performance of their duties.
to timing differences.
"material item" means any information relating with other information, could influence the economic decisions of users of the company's financial statements.
The whole of this Schedule amlies to Limited Purpose Companies.
Part 111 28.30-33, 36, 37.40 -42.45, 56 -60and 73 of Parts I.
and IV, from time to time bv the Financial Reportina Standards Council.
1 and the extent of outside owners' interest relating to these items.
Part I : E.
ExceDt in the case of the first financial statement, the correspondinq amounts for the precedinq period for all items shown in the statement of chanqes in eauitv shall be stated.
each item of income and expense for the period that, as reauired bv accountina standards to be recoqnized directly in eauitv.
and (b)), interest: and for each component of eauitv, the effects of chanqes in accountinq policies and corrections of errors.
the balance of retained earninqs i.e.
accumulated profit or loss at the beqinninq of the period and at the balance sheet date, and the chanqes durinq the period: and a reconciliation between the carrvinq amount of each class of contributed equity and each reserve at the beqinninq and the end of the period, separately disclosins each chanqe.
The Bill introduces a number of urgent amendments required prior to the anticipated completion of the corporate law reform process which is currently underway.
the objectives and expedite the procedures of the Securities Regulation Pane1;d amendments required to indemnify and impose a duty of confidentiality on inspectors; and an amendment required to effect a uniform standard of 1 iabilitv on officers performing duties under the Act.
Because investors make financial decisions based on information published by companies, it is necessary that this information be accurate and reliable.
As long as a variety of accounting methods are possible, companies are able to select the mode of accounting that presents their financial position in the most favourable light.
The amendments to Chapter XI of the Act will impose a uniform accounting standard to ensure that any financial information published by a company is calculated in accordance with generally accepted accounting practice ("GAAP").
This_ stadard will be developed and maintained by a Financial Reporting Standards Council ("the Council"), to be established under the new Chapter XVB.
The standard will need to be comparable with the international standards adopted from time to time by the International Accounting Standards Board. This will ensure a tight correlation between the accounting practices of South Africa and the international investment community -making our capital markets more accessible to foreign investment.
An officer within the Department of Trade and Industry will become responsible for monitoring compliance with prescribed accounting standards. Together with other regulators -such as the Financial Services Board -and investors, the Department may refer any apparent non-compliance with standards for investigation by a team of experts, to be drawn from a newly established Financial Reporting Investigations Panel.
If an investigation finds evidence of non-compliance, the Registrar may require the company to republish the information, take other remedial action or pay a penalty. If the company fails to co-operate, the matter may be handed over for prosecution in terms of a new offence created under the proposed section 440FF.
Where the Act has previously tried to create an accounting and disclosure framework through various of its provisions, these are both incomplete and outdated. Most of these provisions will be deleted in favour of the comprehensive new standard to be imposed by the Council. This also avoids the risk of discrepancies developing over time between the legislative requirements and the standard imposed by the Council.
Since the standard to be imposed is primarily for the benefit of investors, and since it is an onerous standard, it is necessary to make provision for closely held companies that do not offer their shares to the public. The amendments thus propose a category of company referred to as "limited purpose companies" -which will be allowed to deviate from the financial reporting standards imposed on other companies (viz. "public interest companies"), provided that all shareholders consent, and provided also that the deviation is noted and reasons given.
As a further concession, certain other options will be retained for limited purpose companies, while being repealed for public interest companies.
Schedule 4 of the Act has historically served as a detailed specification for disclosure in financial statements.
careful review of this schedule has identified those areas that are dealt with in current statements of GAAPand those provisions that are supplementary to GAAP. The supplementary provisions have been retained for all companies, whereas the other requirements have been retained for limited purpose companies only. This has the effect of maintaining a secondary, less onerous financial reporting standard for limited purpose companies.
Schedule brings about this distinction.
Schedule will dispense with various anachronisms and bring about a tighter correlation with GAAP.
Amendments to promote and maintain auditor independence.
These amendments are incidental to the provisions of the proposed Auditing Profession Bill ("the APB"), which aims to address recent failures by auditors to perform an independent assessment of the accounting records and policies of their clients. The APB will bring about a more stringent regulation of the auditing profession and make provision for an Independent Regulatory Board for Auditors and for a Standard-Setting Board for Auditor Ethics and Auditing. The APB will be submitted to Parliament concurrently with this Bill.
By virtue of the new section 2685 to the Companies Act, only auditors registered under the Auditing Profession Act may in hture be appointed as auditors of companies. This means that all audits of company accounts will henceforth be subject to the controls and safeguards of that Act.
Many cases of auditor malpractice seem to have stemmed from auditors having too close an association with their clients. Several measures are introduced to ensure that auditors will remain independent and not prone to "capture" by the company's Board of Directors.
The new section 269A'requires that auditors be nominated by an audit committee, which will also be responsible for setting the auditor's remuneration. By the new section 274A, a rotation of auditors will be required.
may be appointed to a company for more than 4 consecutive years. The new section 275A will preclude an auditor from performing certain non-audit services for the company.
The distinction created between "public interest companies" and "limited purpose companies" for purposes of compliance with accounting standards, will also apply in relation to audit committees and the rotation of auditors. These requirements will thus apply only to public interest companies, with the current less onerous standard prevailing for limited purpose companies.
A company's opportunity to remove an auditor, or for an auditor to simply resign and walk away, when an irregularity has been detected, is curtailed by the amendments to sections 277,278 and 280.
The new section 287A makes it an offence for any auditor or other person to be party to false or misleading information in the financial statements of a company.
The revised 3rd Schedule specifies more hlly the form and content of the prospectus.
Both the scope and detail of information required for a prospectus have been extended. This will close the current gap between the JSE listing requirements and the information to be provided in a prospectus. Because the ambit of information required in terms of the JSE listing requirements is so extensive, they make provision for an exemption from certain of the requirements -where publication of specific information may cause undue prejudice to the issuer. In view of the more onerous prospectus requirements introduced under the revised 3rd Schedule, it is considered necessary for the Act to provide the Registrar with a similar discretion.
The amended Schedule 3 requires disclosure in the prospectus of any dispensations obtained under section 148A.
The Companies Act contains a number of provision designed to protect minority shareholders of a company in the event of a takeover bid.
to regulate affected transactions.
Section 228 currently allows directors to dispose of the assets or greater part of the business of a company by an ordinary resolution of the shareholders. (A change of name, by contrast, would require a special resolution.
Section 228 is being used more and more often for purposes of effecting a takeover -as an alternative to section 440K which has more stringent requirements.
authorized 27 transactions in terms of section 228 and 33 transactions in terms of section 440K.
For the year ended February 2004, 17transactions were authorized in terms of section 228 and 16 in terms of section 440K.
) will require that the 1 disposal of the greater part of assets of the business of a company should henceforth require a special resolution.
"substantially the whole" in relation to the disposal of a business undertaking, in order to avoid the application of subsection 228(1).
is to henceforth apply the more objective test already used in respect of assets, namely "the greater part", also to the disposal of a business undertaking.
Certain legal opinions hold that a disposal by a wholly owned subsidiary does not fall within the jurisdiction of the SRP -no matter how material it is in relation to the consolidated balance sheet of the holding company. This is because the Securities Regulation Code applies only to public companies and private companies of which shareholder capital exceeds R 5 million and which have ten beneficial shareholders. (A wholly owned subsidiary only has one beneficial shareholder.
The objective to protect minority shareholders in the holding company is thus defeated in such circumstances.
Subsection 4 is inserted to remedy the current anomaly.
need to be attended to speedily. Long delays may have a negative impact on the prospects of the companies involved.
These sections provide for the establishment of an executive committee of the SRP to hear appeals against the decisions of the Executive Director before the appeal is heard by the full Panel. This delays the bringing of appeals to finality and increases the costs for all parties. (One such hearing was only finalized after a year, and the SRP alone incurred legal costs of approximately R 1 million.
The amendments will dispense with intermediate appeal to the executive committee in order to shorten the appeal process and reduce costs to all parties.
<fn>GOV-ZA.2779En.2012-02-10.en.txt</fn>
Several of South Africa's major airlines are being investigated for colluding on prices and pricing strategies to be possibly adopted during the FIFA 2010 World Cup.
<fn>GOV-ZA.277En.2012-02-10.en.txt</fn>
Office of the Auditor-General www.agsa.co.za?
<fn>GOV-ZA.27804En.2012-02-10.en.txt</fn>
The above mentioned draft bill is hereby published for comments.
Convention).
The Civil Liability and Fund Conventions were adopted under the auspices of the International Maritime Organization (IMO). They deal with questions of liability and compensation for loss or damage caused by contamination resulting &om the escape or discharge of persistent oil from tankers (Le.
ships constructed or adapted for the carriage of oil in bulk ascargo.
of financial security for the ship owner's liability) for pollution damage suffered in the territory (including territorial sea) or exclusive economic zone of a Contracting State. The ship owner's liability is strict (only limited exemptions and defences are available), but this liability is subject to limitation in accordance with the provisions of the convention.
Copies of the Bill maybe obtained from Government Printers or the Department of Transport on request. Interested parties or persons are hereby invited to submit written comments on the draft bill to be filed in terms of the convention by no later than12 August 2005.
Civil Liability for Oil Pollution Damage, 1969, and for related matters.
(Act No.
"this Act" includes the regulations made under section 19.
Unless the context indicates otherwise, an expression used in this Act and in the Convention (whether or not a particular meaning is given to it by the Convention) has, in this Act, the meaning it has in the Convention.
as modified by the Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, 1969, done at London on 27 November 1992; and as affected by any amendment made under Article 14 or 15 of that Protocol and accepted by the Republic.
of this Act, the Minister must publish a notice in the Gazette setting out the English text of the provisions of the Convention as in force at the commencement.
If an amendment is made under Article 14 or 15 of the Protocol and accepted by the Republic, the Minister must publish a'notice in the Gazette setting out the English text of the amendment and specifying the day or days on which its provisions enter into force for the Republic.
In interpreting this Act, the Convention is taken to be the English text of the Convention as in force for the Republic and set out in notices in terms of section.
This Act binds the State and every organ of state.
However, this Act does not make the State or any organ of state liable to be prosecuted for an offence.
This Act applies both within and outside the Republic and extends to the Prince Edward Islands within the meaning of section 1 of the Prince Edward Islands Act, 1948 (Act No. 43 of 1948).
The Minister may, by notice in the Gazette, declare that, for the purposes of this Act, a state, other than the Republic, specified in the notice is a state party to the Convention.
A notice under subsection (1) is evidence that a state specified in the notice is a state party to the Convention.
of the Convention as so having the force of law, a reference to the territorial sea, in so far as it relates to the Republic, is taken to be a reference to the territorial waters of the Republic.
of the Convention as so having the force of law, a reference to the exclusive economic zone, in so far as it relates to the Republic, is taken to be a reference to the exclusive economic zone of the Republic within the meaning of section 7 of the Maritime Zones Act, 1994 (Act No. 15 of 1994).
For the purposes of paragraph 1 of Article VI1 of the Convention as so having the force of law, that paragraph is taken to require the owner of a ship referred to in that paragraph, being a ship registered in the Republic, to maintain the insurance or other financial security referred to in that paragraph.
that have caused pollution damage in a place to which the Convention applies; or in relation to which preventive measures have been taken to prevent or minimise pollution damage in a place to which the Convention applies.
in the case where a claim for compensation under the applied provisions of the Convention has been made in the High Court, to the division of the High Court in which the claim for compensation has been made; or in any other case, to any division of the High Court having jurisdiction, to determine whether he or she may limit his or her liability under the applied provisions of the Convention and, if so, the limit of that liability.
If the court determines that a person's liability may be limited under the applied provisions of the Convention, the court may make any orders it thinks fit about the apportionment and distribution, in accordance with those provisions, of a fund for the payment of claims under those provisions.
the conversion of the amounts of money referred to in paragraph 1 of Article V of the Convention into amounts of money expressed in South African currency; the kinds of guarantees that are acceptable for the purposes of paragraph 3 of Article V of the Convention; the extent to which the right of subrogation provided for in paragraph 5 of Article V of the Convention may be exercised by a person other than a person referred to in that paragraph; and the ascertainment of the tonnage of a ship, including the estimation of the tonnage of a ship in circumstances where it is not possible or reasonably practicable to measure its tonnage.
Subsections (1) and (2) do not limit the power of any competent body to make rules of court about a matter that is not provided for in the applied provisions of the Convention or in regulations made for the purposes of those subsections.
In this Part, "Government ship" means a ship (including a warship) owned by a state, and includes a ship owned by the State.
a reference to the limits of the liability prescribed by paragraph 1 of Article V of the Convention, in relation to a ship, is to be read as a reference to the amount to which the owner of the ship is entitled, under that paragraph, in its application to the ship as part of the law of the Republic, to limit his or her liability under the Convention in respect of any one incident.
This Part applies to every ship that is carrying more than 2 000 tonnes of oil in bulk as cargo and so applies to a ship that is unregistered as if the ship were registered in the state whose flag the ship is flying.
other ships operated by a state, including ships operated by the State.
If a ship enters or leaves, or attempts to enter or leave, a port in the Republic, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial waters of the Republic, without having on board the ship a relevant insurance certificate that is in force for the ship, the master and the owner of the ship each commits an offence punishable upon conviction by a fine not exceeding R250 000.
If a ship that is registered in the Republic enters or leaves, or attempts to enter or leave, a port in a foreign state, or arrives at, or leaves, or attempts to arrive at or leave, a terminal in the territorial sea of a foreign state, without having on board the ship a relevant insurance certificate that is in force for the ship, the master and the owner of the ship each commits an offence punishable upon conviction by a fine not exceeding R250 000.
than in circumstances to which subsection (1) applies or, in the case of a ship registered in the Republic, to which subsection (2) applies, at any time a relevant insurance certificate is in force for a ship to which this Part applies and is not on board the ship, the master and the owner of the ship each commits an offence punishable upon conviction by a fine not exceeding R20 000.
An officer may require the master or other person in charge of a ship to produce a relevant insurance certificate that is in force for the ship and, if the master or other person refuses or fails to produce the certificate to the officer, he or she commits an offence punishable upon conviction by a fine not exceeding R20 000.
If the Authority has reasonable grounds to believe that the master or other person in charge of a ship is attempting to take the ship out of a port in the Republic at a time when the ship does not have on board a relevant insurance certificate that is in force for the ship, the Authority may detain the ship until such a certificate is obtained or produced to the Authority, as the case requires.
If a ship detained at a port under subsection (5) leaves the port before it has been released from detention, the master and the owner of the ship each commits an offence punishable upon conviction by a fine not exceeding R500 000 or by imprisonment for a period not exceeding five years, or both.
issued by the government of that state; or if the ship is owned by the government of a foreign state that is not a Contracting State, a certificate of the kind referred to in section issued by the government of that state or a certificate that, under the regulations, is taken to be a relevant insurance certificate for the ship for the purposes of this paragraph.
is an officer of customs within the meaning of the Customs and Excise Act, 1964 (Act No.
is a surveyor for the purposes of the Merchant Shipping Act, 1951 (Act No. 57 of 1951); or is appointed by the Authority, in writing, to be an officer for the purposes of this section.
The owner, master or agent of a ship that is registered in the Republic or in a state that is not a Contracting State may apply to the Authority for the issue of an insurance certificate for the ship.
The application must be made in the form and manner, include the information and be accompanied by the documents specified by the Authority.
Convention in relation to the ship, issue to the applicant an insurance certificate for the ship; or if it is not so satisfied, refuse to issue an insurance certificate for the ship.
the day that the Authority is satisfied is the last day in the balance of the period during which the insurance or other financial security for the ship is to remain in force.
a ship for which an insurance certificate has been issued under section 13 is not at a port in the Republic at the time when the certificate expires or is about to expire; and the Authority is satisfied that, after the day stated in the certificate as the day until which it is to remain in force, there will be in force a contract of insurance or other financial security for the ship in an amount that will cover the limits of liability prescribed by paragraph 1of Article V of the Convention in relation to the ship, the Authority may extend the certificate for a period that expires on or before the day that the Authority is satisfied is the last day in the balance of the period during which that contract of insurance or other financial security is to remain in force, being a period that does not exceed one month from the day referred to in paragraph (b).
An extension of an insurance certificate under subsection (1) expires upon the ship's arrival at a port in the Republic.
The Authority may cancel an insurance certificate issued under section 13 if it is satisfied that, because of any modification or variation of, or to, the contract of insurance or other financial security for the ship, the owner of the ship will not be covered for an amount that is not less than the limits of liability prescribed by paragraph 1 of Article V of the Convention in relation to the ship.
If, while an insurance certificate issued under section 13 for a ship registered in the Republic or in a state that is not a Contracting State is in force, the ship ceases to be registered in the Republic or in that state, as the case may be, the certificate so issued thereupon ceases to be in force.
If an insurance certificate issued under section 13 is cancelled under subsection (3) or ceases to be in force in terms of subsection (4), the master must without delay cause the certificate to be lodged with the Authority.
A master who fails to comply_Mth paragraph commits and offence punishable upon conviction by a fine not exceeding R20 000.
For a ship that is owned by the State, the Minister may, if the Minister of Finance consents, issue a certificate certifying that the ship is owned by the State and that any liability for pollution damage up to the limits of liability applicable in relation to the ship under Article V of the Convention will be met by the State.
remains in force for the period stated in the certificate.
If, while a certificate issued under subsection (1) for a ship owned by the State is in force, the ship ceases to be owned by the State, the certificate so issued thereupon ceases to be in force.
In any proceedings brought in a court in the Republic to enforce a claim in respect of a liability incurred under the applied provisions of the Convention, every Contracting State is taken to have submitted to the jurisdiction of that court and to have waived any defence based on its status as a sovereign state, but nothing in this subsection is to be taken to allow the levy of execution against the property of any state.
The amount that the owner of a ship is liable, or the owners of two or more ships are jointly and severally liable, under the applied provisions of the Convention, to pay to the State by way of compensation for any expense or other liabilities incurred by the State in, or because of, the exercise of the State's powers under the Marine Pollution (Control and Civil Liability) Act, 1981 (Act No. 6 of 1981), is a charge on the ship, or on each of the ships, as the case may be.
"the State" includes an organ of state.
Where an amount is, in terms of section 16, a charge on a ship, the ship may be detained by the Authority until the amount is paid or security for payment is given to the satisfaction of the Authority.
Subsection (1) does not apply in relation to a foreign ship unless the ship is in South African waters or in the exclusive economic zone.
direct the master of the ship to move the ship to a reasonable stated place; or acting with any necessary help or force, escort the ship to the place.
by the Authority; and the master, without reasonable excuse, fails or refuses to comply with the direction.
the ship is detained under this section; and the ship goes to sea before it is released from detention.
An offence in terms of subsection (4) or (5) is punishable upon conviction by a fine not exceeding R500 000 or by imprisonment for a period not exceeding five year, or both.
"exclusive economic zone" means the exclusive economic zone of the Republic within the meaning of section 7 of the Maritime Zones Act, 1994 (Act No.
The regulations may make provision about giving effect to Article X of the Convention, including provision fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.
Subsection (1) does not limit the power of any competent body to make rules of court about a matter that is not provided for in regulations made for the purposes of that subsection.
The Minister may make regulations prescribing matters-&-_-required or permitted by this Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
However, regulations fixing fees must be made with the consent of the Minister of Finance.
An offence in terms of this Act is taken, for purposes in relation to jurisdiction of a court to try the offence, to have been committed within the area of jurisdiction of the court in which the offence is prosecuted.
Despite anything to the contrary in any law, a magistrates' court has jurisdiction to impose any penalty prescribed by this Act.
Each law that is specified in the Schedule is amended as set out in the applicable items in the third column of the Schedule.
This Act is called the Merchant Shipping (Civil Liability Convention) Act, 2005.
This Act commences on the day fixed by the President by proclamation in the Gazette, being a day not before the day on which the Convention enters into force for the Republic.
No. 6 of 1981 Marine Pollution (Control and Civil Liability) Act, 1981 1.
(Civil Liabilitv Convention) Act.
issued under section 3 of the DumDina at Sea Control Act, 1980 (Act No.
a substance that is specified or referred to in appendix 1.
2, 3.4 or 5 of the Annex to the Protocol set out in Schedule 2 to the Marine Pollution (Intervention) Act. 1987 (Act No.
means crude oil.
nil pan and year of aw Short title Extent of amendment excluding a tanker whether or not such vessel or object has been lost or abandoned, has stranded, is in distress, disabled or damaged, has been wrecked, has broken up or has sunk;"; by the insertion in subsection (1) after the definition of ship of the following definition: 'South African ship' means-fa1 a ship reaistered in the Republic: or fb1 by the deletion in subsection (1) of the definition of "tanker"; by the addition to subsection (1) of the following definition: 'transfer operation' means anv operation involved in preparina on or finishina. a transfer in bulk of oil or any other harmful substance prescribed for the purposes of this definition between a ship and another ship or place;"; by the substitution in subsection (2) for the word "oil" of the words "a harmful substance"; and by the addition of the following subsection: discharne of a harmful substance from a ship that occurs outside the prohibited area shall be deemed to be a discharae within the prohibited area if the discharaed harmful substance enters the prohibited area.
For the purposes of paragraph fa). a discharae shall be taken to occur when the discharged harmful substance enters the prohibited area.".
No. 43 of 1948.
under any other enactment: or under international law, both customarv and conventional.
nothina in this Act shall be construed as authorisina. in relation to a foreian ship in the exclusive economic zone or on the hiah seas.
Act, 1987 (Act No. 64 of 1987).
Resources Act, 1999 (Act No. 25 of 1999). affects the oDeration of this Act.
or offshore installation or savincr life at sea: or that the discharae resulted from relevant damaae to the ship or offshore installation, or its equipment. and all reasonable precautions were taken after the damaae occurred or the discharae was discovered to prevent or minimise the discharae.
of paragraphs (al(ii) and (b).
or offshore installation. or its equipment, does not include-lil offshore installation or equipment; or defects that develoD durinq the normal operation of the shin offshore installation or equipment.
a discharae to which this section applies occurs from two or more ships or offshore installations or from one or more ships and one or more offshore installations: and it is not reasonablv practicable to identifv the harmful substance that has been discharaed from a particular ship or offshore installation, {bl all of the discharaed harmful substance shall be deemed, for the purposes of this section. to have been discharaed from each of those shim or offshore installations, as the case may be.
In this section, a discharae from a ship, means the owner and the master of the ship; or a discharae from an offshore instalJation, means the owner and the master of the offshore installation..
and (3)of the following subsections, respectively: (1) [WhenIIf any harmful substance [has been] is discharged from a ship [tanker] within the prohibited area or from an offshore installation, the master of such ship [tanker] or offshore instailation, or any member of the crew of such ship [or tanker] or of the staff employed in connection with such offshore installation designated by such master, shall forthwith, by the quickest means of communication available, report the fact that such a discharge has taken place to the principal officer at the port in the Republic nearest to where such ship [tanker] or offshore installation is.
No.and year of law Short title STAATSKOERANT. 15 JULIE 2005 No. 27804 33 Extent of amendment (2) If, while it is within the prohibited area, a ship [ora tanker] sustains any damage, whether to its hull, equipment or machinery, which causes, or create: the likelihood of, a discharge of any harmful substance from such ship [or tanker], or having sustained such damage, enters the prohibited area in such damaged condition, the master of such ship [or tanker], or any member of its crew designated by the master, shall forthwith by the quickest means of communication available report to the principal officer at the port in the Republic nearest to where such ship [or tanker] then is the fact that such damage was sustained, the nature and location on the ship [or tanker] of the damage, the position at sea where the damage was sustained, the name of the ship [or tanker[, its port of registry, its official number, its position, its course and, if in the Republic, its destination, the quantity and type of harmful substances on board and, in the case of a [tanker] ship to which [the provisions of section 13 apply] Part 3 of the Merchant ShiDDina the particulars of the certificate. (3) For the purposes of subsection (2), damage to a ship [or a tanker] shall be deemed to have created the likelihood of a discharge of a harmful substance from such ship [or tanker] if it is of such a nature as to detrimentally affect, in any degree, the ship's [or tanker's] seaworthiness or efficient working.
by the deletion in subsection (4) of the words "or a tanker". 5.
Damages Act, 1956 (Act No. 34 of paragraph (b), shall become payable to the owner by the State or of state, as the case mav be.
3 shall mutatis mutandis apply in respect of a harmful [substances] substance discharged or, in the opinion of the Authority, likely to be discharged from an offshore installation.
"(1) If, in the opinion of the Authority, a harmful substance is likely to be discharged from a ship, [or an tanker] it may take such measures, including the destruction, burning, or disposal in any other manner of the harmful substance in such ship, [or tanker] as it may deem fit to guard against or to prevent pollution of the sea by such harmful substance."
shall be reduced to such extent as is just and equitable regard being had to the degree in which the State or the orqan of state, as the case may be, was at fault in relation to the discharge or likely discharge.". 7. The substitution for sections 6 and 7 of the following sections, respectively: "Moving of ship from certain area 6. The Authority may order the master of any ship [or tanker] to move, subject to such instructions as the Authority may issue, [his] the ship [or tanker] and any object it may have in tow from an area in which removal of pollution of the sea by a harmful substance is in progress or about to be undertaken. Powers of inspection 7.
[or tanker] which is intended for use in preventing a discharge of harmful substances from such ship [or tanker].
shall mutatis apply in respect of anv offshore installation.
"Any person or member referred to in section 7and any other person authorized thereto by the Authority may enter upon any land with such workmen, machinery, vehicles, equipment, appliances, instruments and other articles, and may perform all such acts thereon, as may be necessary for the purpose of complying with any provision of this Act, or for the purpose of making any enquiries or undertaking any investigations with a view to determining whether any pollution of the sea by a harmful substance has occurred and whether the removal of such pollution is feasible, or for the purpose of erecting camps or other temporary works which may be considered necessary in connection with the removal of such pollution, or for the purpose of ascertaining whether or not any provision of [the Marine Pollution Acts] this Act or condition imposed thereunder is being complied with, and may, for the purpose of gaining access to such land, enter upon and cross any other land with the said workmen, machinery, vehicles, equipment, appliances, instruments and other articles: Provided that-".
the costs of any measures taken or caused to be taken by the Authority in terms of this Act after an incident has occurred in respect of such ship [tanker] or offshore installation, for the purposes of reducing loss or damage caused as contemplated in paragraph (a) through the discharge of [any oil] a harmful substance, or for the purposes of preventing such loss or damage being caused, whether or not a discharge as contemplated in paragraph (a) has occurred and whether or not such a discharge in fact subsequently occurs; and any loss or damage caused in the area of the Republic by any measures so taken or caused to be taken after a discharge as contemplated in paragraph (a) has occurred.
[an amount deemed by the Director-General to be sufficient to compensate] expenses reasonablv incurred by the [South] Southern African [National] Foundation for the Conservation of Coastal Birds, an organization registered in terms of the National Welfare Act, 1978 (Act No.
in rescuing, conveying, treating, feeding, cleaning and rehabilitating coastal birds or other animals polluted by [oil] a harmful substance discharged from the ship [tanker] or offshore installation in question.
Short title lights or other navigational aids, in the exercise of that function.
Where a ship [or a tanker] is together with another ship [or tanker] or with an offshore installation involved in an incident and a liability is incurred by virtue of[the provisions 08 subsection (1) by each of the owners concerned, but the loss, damage or costs fc which each of the owners would be liable cannot reasonably be separated from that o those for which the other owner or owners would be liable, the owners concerned shall be jointly and severally liable for all such loss, damage or costs.
section 261 of the Merchant Shipping Act, 1951 (Act No.
No. and year of law Short title STAATSKOERANT, 15 JULIE 2005 No.
notice in the Gazette and, until the time that the amount is so determined, shall not exceed fourteen million [units of account] special drawina riahts.
if it is proved that the loss, damaae or costs in auestion resulted from the owner's personal act or omission. committed either with intent to cause anv such loss, damaae or costs or recklesslv and with knowledae that such loss, damaae or costs would probably result.
No. and year of law Short title Extent of amendment occurrences having the same origin, six years after the date on which the first of those occurrences took place.
the tonnage of a ship [or a tanker] shall be its [net] tonnage [with the addition of any engine room space deducted for the purpose of ascertaining its net tonnage] calculated in accordance with the tonnaae measurement regulations contained in Annex Iof the International Convention on Tonnacle if such tonnaae were calculated in accordance with those reaulations, and the tonnaae so certified shall be deemed to be the tonnaqe of that shiD.
suffered or incurred as a result of that incident.
or (c); or costs referred to in section 9(1 1 no servant or agent of the owner of the ship [tanker] or offshore installation shall be liable to any person for any loss, damage or costs referred to in subsection (1). (3) Any person performing salvage operations in connectionwith a ship [tanker] or offshore installation with the [agreement] consent of the owner or master thereof shall, for the purposes of subsection (2), be regarded as the agent of such . owner.
shall not be liable (except in the case of any wilful act or omission on the part of any such person) to any person for any loss of or damage to any ship [tanker] or offshore installation or, in the case of such ship [or tanker], its cargo or harmful substances, caused by or arising out of or in any manner connected with the performance of such act.
section 5, measures are being taken to guard against, prevent or remove pollutior of the sea by a harmful substance an the prohibited area], any person in the service or acting on the authority of the State or [the Authority] an oraan of state, any officer of or member of the crew of any vessel employed in the taking o such measures, the employer of such officer or member, or the Owner of such vessel, shall not be liable (except in the case of any wilful act or omission on the part of any such person, officer, member, employer or owner) to any person for any loss of or damage to any ship [tanker] or offshore installation in the said area, or, in the case of such ship [or tanker], its cargo or harmful substances, caused by or arising out of or in any manner connected with the taking of such measures.
claim.
No.and year of Extent of amendment Short title law in subsection (5) of that section, he may [in the prescribed manner] apply to the court for the determination, in accordance with [the provisions of the said] that of the aggregate amount payable by him in respect of such liability.
into court, be due in respect of the liabilitv to the several Demons and to their claims, subiect to the followina Provisions of this section.
shall be made in South African currency.
if no sum has been fixed for that dav.
Droceedinas, be admissible in evidence and, in the absence of evidence to the contrarv. be deemed to be such a certificate.
No claim for the distribution of any monev in terms of this section shall be admitted bv a court unless it is made within such time as the court may direct or such further time as the court mav allow.
do not apply] or [an] offshore installation in respect of costs referred to in that section [9(l)(b)J, or if the Authority believes on reasonable grounds that an amount may become so payable, such owner shall either deposit with the Authority an amount, or furnish the Authority with a written guarantee, acceptable to it, for the payment of an amount, deemed by the Authority to be sufficient to satisfy the amount [which] that has or may become so payable by the [said] owner.
of that section.
an amount [with the Master concerned or furnishes the said Master with a guarantee] into court as contemplated in that section, before the realization, in terms of [the said subsection a, of the ship or goods in question.; and by the deletion of subsection (4). 18.
(Act No. 32 of 1944), but subject to the provisions of section 12(8), any magistrate's court, shall have jurisdiction in respect of all causes of action arising out [of the provisions] of this Act. (2) DesDite in any law, a magistrates' court shall have jurisdiction to imDose prescribed bv this Act."; and by the deletion of subsection (3). 19. The substitution for section 21 of the ollowing section: "Authority's permission required for transfer of certain harmful substances or for certain other acts in respect of ships 21.
Short title terms of section 3 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989), or a fishing harbour as defined in section 1of the Sea Fishery Act, 1988 (Act No.
Resources Act, 1998 (Act No.
In giving its permission for the performance of any act referred to in subsection (l), the Authority may impose any conditions subject to which such act shall be performed, and such conditions may include the obligation to obtain the services of one or more tugs, spray boats or other vessels to stand by during a period determined by the Authority.
"the Authority may cause such act to be performed or such condition to be complied with, and for that purpose may cause steps to be taken which may include the taking over of control of such ship [tanker] or offshore installation."
of the words "section 19(3)".
this section is in force in respect thereof."; and by the substitution in paragraph (a) of subsection (5) for the words "the provisions of subsection (1) or (2)" of the words "subsection (1) or (2)".
"(2) The Minister may exempt any person performing salvage operations in connection with a ship or [a tanker] an offshore installation from which a harmful substance is being discharged or, in the opinion of the Minister, is likely to be discharged, from any liability in respect of any consequences of the discharge of the harmful substance in question.".
"Provided that, for the purposes of paragraph (b), the defraying of expenditure incurred in preventing or removing pollution of the sea by harmful substances discharged from any ship [tanker] or offshore installation shall not exempt the owner of such ship [tanker] or offshore installation from liability under this Act or anv other law for payment of such expenditure."; and by the deletion of subsection (3).
The amendment of section 27 byhe deletion of subsection (6).
prescribing, in respect of ships [or tankers] registeredor licensed in the Republic [under the Merchant Shipping Act, 1951 (Act No.
as to the keeping of records in relation to transfer operations;; and by the deletion of paragraph (d) of subsection (1). 27.
The substitution for section 29 of the following section: Delegation by Minister 29.
General and the Authority] may delegate to any person [or to two or more persons] any of the powers conferred upon [them respectively] the Minister in terms of the provisions of this Act other than [in the case of the Minister] the provisions of section 28.. 28.
shall be liable to a fine not exceeding R200 000or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment."
RIO 000 is imposed, provided such right is exercised within a period of three months from the date of such determination or order."
If an act or omission constitutes an offence in terms of this Act and in terms of any other Act, the offender may be prosecuted and punished either in terms of this Act or in terms of that other Act.". The substitution for section 30A of29. he following section: "Service on master or owner of ship 30A.
A document to be served on the master or owner of a ship in resDect of an offence in terms of this Act may be served on the aclent of the ship instead.
No. and year of law Short title Extent of amendment on an aaent of a ship under subsection 11 shall be deemed to have been served on the owner or master of the ship. /31 or workinq of the ship while it is in port; and where that ship has left port. that aqent. or if there was another aaent for the ship when it left port, the last-mentioned aaent.". The insertion after section 30A of 30. "Evidence offence in terms of this Act-he following sections: 308.
as referred to in Daraaraph shall, in the absence of evidence to the contrarv.
No. and year of law Short title Extent of amendment person has been appointed or authorized for a specified purpose for the purposes of this Act is admissible as Drima facie evidence of that fact. Evidence of analyst in writina. appoint appropriately aualified persons to be analvsts for the purposes of this Act. subsection (4).
settina out, in relation to a substance, one or more of the followinq 30C.
Subiect to when and from whom the substance was received; what labels or other means of identifvina the substance accompanied it when it was received; what container the substance was in when it was received; a description of the substance received; that he has analvsed or examined the substance; the date on which the analysis or examination was done; the method used in conductina the analysis or examination; the results of the analvsis or examination, shall be admissible in any proceedinas for an offence in terms of this Act as Drima facie evidence of the matters in the certificate and of the correctness of the result of the anaivsis or examination.
shall. in the absence of evidence to the contrarv. be deemed to be such a certificate.
of the certificate toaether with reasonable notice of the intention of the pfosec-w as evidence in the Droceedinas. pursuance of subsection (2).
is admitted in evidence. the person charaed may be cross-examined as if the analvst had given evidence of the matters stated in the certificate. not entitle a Derson to reauire an analvst to be called as a witness for the Drosecution unless-[a the Drosecution has been aiven at least five davs notice of the Derson's intention to reauire the analvst to be so called: or the court, bv order, allows the person to reauire the analvst to be so called.". 31.
he following long title: nected therewith.
Pollution from Ships Act, I986 32.
'inspector' means a person who is writina.
'oraan of state' has the meanina it has in section 239 of the Constitution of the Republic of South Africa.
No, and year of law Short title Extent of amendment to foreian ships when in the Republic.
Dart of the continental shelf extendina beyond the outer limits of the exclusive economic zone: and that is subiect to the jurisdictionof the Republic.
shall be construed as. or as includina. a reference to the Republic. and any be construed as. or as includina. a reference to the Authoritv. Power to require information (foreign ships) 2B.
as the Authority requires.
any other relevant information reauired to establish whether the contravention occurred. Powers of inspection -of-2c.
has been complied with in respect of the ship;.
in relation to a foreian ship.
or reauire the ship's master to cause to be opened. any hold, bunker, tank.
examine. and take samples of, any substance or thing beina in.
the Authority forms the belief that the pollution breach did not occur, 01 did not occur as a result of actions in relation to the ship: or the Authoritv determines for any other reason that the ship should be released.
be in a form acceptable to the be an amount that, in the Authoritv's is sufficient to meet the amount of all penalties and other amounts of money that could be pavable bv the master and the owner of the ship in respect of the pollution breach.
No. and year of law Short title Extent of amendment was detained in the exclusive economic zone and leaves the outer limits of the exclusive economic zone, before it is released from detention.
in contravention of this Act or the Marine Pollution (Control and Civil Liabilitv) Act, 1981 (Act No.
No. 57 of 1951.
and includes an offshore installation over which the ReDublic has iurisdiction. Notification of measures taken in relation to foreign ships 2E.
with the requirements of Article 231 of the Law of the Sea Convention in relation to anv measures taken. under this Act, the Marine Pollution (Control and Civil Liabilitv) Act.
No. 6 of 1981.
Failure to comply with requirements for information under foreign laws 2F.
The master and the owner /a, information is made, in relation to the ShiD.
3 of Article 220 of the Law of the Sea Convention Permits such a reauirementto be made: and fbl the reauirement is not complied with.. 36.
No. and year 01 law Short title Extent of amendment as the Minister or other person may wecifv.
of subsection (2). 37.
in contravention of this Act: or amlies.
the master and the owner of the shiD each commits an offence."
72) At a prosecution for an offence in terms of subsection (IVa).
it is sufficient for the prosecution to Drove that the discharqe occurred, but it is a defence for the accused to show that the reauirements of this Act were ComDlied with in relation to the discharge in auestion.
"(a) admits to the Authority that he or she has contravened or failed to comply with any provision of this Act [or the Convention], which contravention or failure constitutes an offence undei this Act;".
Time limits for prosecution time.
as referred to in DaraaraDh shall, in the absence of evidence to the contrarv, be taken to be such a record or certified CODY, as the case may that notification of a discharae was not given in accordance with this Act shall, in the absence of evidence to the contrarv. be taken as proved: and a written statement DurDortina or authorised for a specified DurDose of this Act is admissible as prima of this Act. subsection (4).
out.
when and from whom the substance was received; &,!
what labels or other means of identifvina the substance accomDanied it when it was received; what container the substance was in when it was received; 4D.
Droceedinas for an offence in terms of this Act as prima facie evidence of the matters in the certificate and of the correctness of the result of the analvsis or examination.
shall, in the absence of evidence to the contrarv. be taken to be such a certificate.
of the certificate toaether with reasonable notice of the intention of the prosecutionto Produce the certificate as evidence in the proceedinas.
Where, in pursuance of subsection 12).
mav be cross-examined as if the analvst had given evidence of the matters stated in the certificate.
The repeal of the Schedule.
The repeal of section 28.
The amendment of section 43 by the deletion of paragraph (d).
<fn>GOV-ZA.27805En.2012-02-10.en.txt</fn>
Vol. 481 Pretoria 15 July 2005 No.
Damage, 197 1 (the FundConvention).
The Civil Liability and Fund Conventions were adopted under the auspices of the International Maritime Organization (IMO). They deal with questions of liability and compensation for loss or damage caused by contamination resulting from the escape or discharge of persistent oil fiom tankers (i.e.
ships constructed or adapted for the carriage of oil in bulk as cargo.
Whereas the Civil Liability Convention establishes and regulates the liability of the registered ship owner, the Fund Convention establishes an international fund, called the International Oil Pollution Compensation (IOPC) Fund, the purpose of which is to pay compensation to victims of pollution damage (within the meaning of the Civil Liability Convention) where they have been unable to obtain compensation, or compensation in full, under the provisions of the Civil Liability Convention.
The IOPC Fund receives its fhds from cargo owners, specifically from persons who receive annually, in the ports or terminal installations of the Contracting States, more than 150,000 tonnes of contributing oil.
Government Printers or the Department of Transport on request. Interested parties or persons are hereby invited to submit written comments on the draft bill to be filed in terms of the convention by no later than 12 August 2005.
Department of Transport, Private Bag X 193, Pretoria 0001, Transmitted to (012) 309 3326 or by e-mail to kongw ac@dot.gov.
To give effect to the 1992 Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, and for related matters.
of the South African Maritime Safety Authority Act, 1998 (Act No.
"this Act" includes the regulations made under section 26.
as affected by any amendment made under Article 33 of that Protocol and accepted by the Republic.
Before the commencement of this Act, the Minister must publish a notice in the Gazette setting out the English text of the provisions of the Convention as in force at the commencement.
If an amendment is made under Article 33 of the Protocol and accepted by the Republic, the Minister must publish a notice in the Gazette setting out the English text of the amendment and specifying the day or days on which its provisions enter into force for the Republic.
In interpreting this Act, the Convention is taken to be the English text of the Convention as in force for the Republic and set out in notices in terms of this section.
This Act applies both within and outside the Republic and extends to the Prince Edward Islands within the meaning of section Iof the Prince Edward Islands Act, 1948 (Act No. 43 of 1948).
is evidence that a state specified in the notice is a state party to the Convention.
For the purposes of this Act, the Fund has the same legal personality as a company incorporated under the Companies Act, 1973 (Act No.61 of 1973), and, in particular, may sue and be sued.
For the purposes of this Act, the Director of the Fund is its legal representative.
paragraph (e) of Article 36 quarter; and Article 36 quinquies.
of Article 3 of the Convention as so having the force of law, a reference to the territorial sea, in so far as it relates to the Republic, is taken to be a reference to the territorial waters of the Republic.
of Article 3 of the Convention as so having the force of law, a reference to the exclusive economic zone, in so far as it relates to the Republic, is taken to be a reference to the exclusive economic zone of the Republic within the meaning of section 7 of the Maritime Zones Act, 1994 (Act No. 15 of 1994).
For the purposes of paragraph 7 of Article 4 of the Convention as so having the force of law, a request by the Authority is taken to be a request by the Republic.
The High Court of South Africa, exercising its admiralty jurisdiction, has jurisdiction (including jurisdiction for all incidental purposes) to hear and determine claims against the Fund for compensation under Article 4 of the Convention.
Fund may intervene in proceedings under Merchant Shipping (Civil Liability Convention) Act, 2005 10.
The Fund may intervene in proceedings for compensation under Part 2 of the Merchant Shipping (Civil Liability Convention) Act, 2005.
The regulations may make provision about giving effect to Article 8 of the Convention, including provision fixing fees to be paid in respect of any matters under regulations made for the purposes of this section.
In legal proceedings involving the Fund, evidence of any instrument issued by an organ of the Fund or of any document, or entry in or extract from any document, in the custody of the Fund may be given by producing, without further proof, a copy of the relevant instrument, document, entry or extract, as the case may be, certified as a true copy by an official ofthe Fund.
Article 10 of the Convention (other than subparagraph 2(b)), in so far as it relates to ports or terminal installations in the Republic, has the force of law as part of the law of the Republic.
A person is not liable to contribute to the Fund because of this Part unless the contributions are imposed by another Act.
1 Contributions are imposed by the Merchant Shipping (International Oil Pollution Compensation Fund) (Contributions) Act, 2005.
the first person is a subsidiary of the second person.
of the Companies Act, 1973 (Act No. 61 of 1973), subject, in the case of a body incorporated outside the Republic, to any necessary modifications of that provision.
Paragraphs 2 and 3 of Article 12 of the Convention, in so far as they relate to the Republic, have the force of law as part of the law of the Republic.
Contributions required to be paid by a person because of this Part are due and payable on the day or days ascertained under paragraph 4 of Article 12 of the Convention and notified to the person by the Fund.
The regulations may make provision about requiring a person who is or may be liable to make contributions required to be paid because of this Part to give security for payment to the Fund.
the person, without reasonable excuse, refuses or fails to give the security.
The offence is punishable upon conviction by a fine or by imprisonment for a period not exceeding two years.
calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person's circumstances, on the amount unpaid, computed from that time until payment is made.
late payment penalty that is due and payable.
To avoid doubt, the Fund is not entitled to recover from the State any costs or other expenses it incurs in recovering an amount referred to in subsection (I).
the way in which late payment penalty may be paid; and refunds of, or of overpayments of, contributions.
(I), regulations made for the purposes of those paragraphs may make provision about the making of payments using electronic funds transfer systems.
Article 15 of the Convention, in so far as it relates to the Republic, has the force of law as part of the law of the Republic.
For the purposes of paragraphs 1 and 2 of Article 15 of the Convention as so having the force of law, an obligation imposed on the Republic is taken to be imposed on the Authority.
The Authority may inform the Fund of such additional matters relating to contributions as the Authority considers appropriate.
Authority, if the documents are relevant to ascertaining a person's liability to make contributions required to be paid because of this Part.
to be verified by solemn declaration.
A person is not excused from giving information or a return or producing a document or a copy of a document under regulations made for the purposes of this Division on the ground that the information or return or the production of the document or copy might tend to incriminate the person or expose the person to a penalty.
proceedings for recovery of an amount of late payment penalty.
the person, without reasonable excuse, refuses or fails to give the information or return.
The offence is punishable upon conviction by fine or by imprisonment for a period not exceeding three years.
the person gives information or a return that, to the person's knowledge, is false or misleading in a material particular; or the person recklessly gives information or a return that is false or misleading in a material particular; and the information or return is given in purported compliance with regulations made for the purposes of this Division.
The offence is punishable upon conviction by a fine or by imprisonment for a period not exceeding five years.
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The regulations may prescribe penalties of a fine or of imprisonment for a period not exceeding 12 months for offences in terms of the regulations.
An offence in terms of this Act is taken, for purposes in relation to jurisdiction of a court to try the offence, to have been committed within the area of jurisdiction of the court inwhich the offence is prosecuted.
This Act is called the Merchant Shipping (International Oil Pollution Compensation Fund) Act, 2005.
<fn>GOV-ZA.2786En.2012-02-10.en.txt</fn>
The Department of Health is finalising plans to deliver efficient health services during the 2010 FIFA World Cup.
<fn>GOV-ZA.27877En.2012-02-10.en.txt</fn>
To amend the National Forests Act, 1998, so as to delete certain words, phrases or expressions lor clarity; to allow for an exemption lor the use and handling of protected trees and their products; to authorise the Minister to establish a trust in respect of State forests under certain circumstances; to enable the Minister to pay lease money in respect of such State forests into a trust account; to provide for such money to be paid to certain beneficiaries; to extend the Minister's regulatory powers; and to provide for further criminal sanctions in respect of certain activities in forests; to amend the National Veld and Forest Fire Act, 1998, so as to provide for a fire danger rating which is more dangerous than "high"; to reduce the number of television channels, radio stations and newspapers on or in which the Minister must broadcast or publish the fire danger; and to extend the Minister's regulatory powers; to amend the Wattle Bark Industry Act, 1960, so as to effect deregulation of the wattle bark industry by the repeal of certain provisions; and to provide for matters connected therewith.
Amendment of section 7 of Act 84 of 1998 1. Section 7 of the National Forests Act. 1998 (Act No.
"(a) cut. disturb, damage or destroy any indigenous[, living] tree in a natural forest; or".
Amendment of section 8 of Act 84 of 1998 2.
(c) at the request or with the consent of the registered owner of land outside a State forest, declare it.
any other type unprotected area which is recognised in international law or practice.
Amendment, of section 15 of Act 84 of 1998 3.
cut.
in terms of an exemption from the provisions of this subsection published by the Minister in the Gazette on the advice of the Council.''.
Amendment of section 17 of Act 84 of 1998 4.
rehabilitate, a natural forest or a woodland [ protected under sect ion 12(1)] which is threatened with deforestation, or is being or has been deforested, he or she may declare it a controlled forest area.
Insertion of section 27 of Act 84 of 1998 5.
27A. (I) Notwithstanding the provisions of any other law, the Minister may, by notice in the Gazette, establish a trust in respect of a State forest or part of a State forest including a State forest or part of a State forest on land held in trust in terms of the KwaZulu Ingonyama Trust Act, 1994 (KwaZulu Act No.
11(1) of the Restitution of Land Rights Act. 1994 (Act No.
it is necessary for the Minister to receive money in terms of the lease on behalf of successful claimants of various rights in respect of the land or forest.
The Minister may direct thai any money due in terms of a lease contemplated in subsection (1) be paid to the trust established in terms of that subsection.
to pay such money or part of that money periodically to successful claimants contemplated in subsection (l)(c)(ii).
The beneficiaries of the trust arc any claimants contemplated in subsection (1)(a) whose claims succeed, any community contemplated in subsection (1)(b) if it is granted rights by the Minister and any successful claimants contemplated in subsection (1)(c)(ii).
temporarily perform any of the functions of the trustees where the appointment of all the trustees has been terminated.
Amendment of section 53 of Act 84 of 1998 6. Section 53 of the National Forests Act. 1998.
access to State forests for recreation.
"(j) generally, any other ancillary or incidental administrative or procedural mailer which it is necessary or expedient to prescribe for the proper implementation or administration of this Act.".
"(5) The generality of the powers conferred by subsection (2)(j) is not limited by the provisions of the preceding paragraphs.".
Amendment of section 62 of Act 84 of 1998 7.
Hi) the possession, collection, removal, transport, export, purchase or sale of temporarily protected trees or groups of trees referred to in section 14(2) or protected trees referred to in section 15(l)(b)).
is guilty of a first category offence.
Amendment of section 63 of Act 84 of 1998 8.
"'{aA) cuts, disturbs, damages, destroys, removes or receives forest produce other than seven-week ferns (Rumohra adiantiforme) from any forest is guilty of a third category offence.".
Amendment of section 9 of Act 101 of 1998 9. Section 9 of the National Veld and Forest Fire Act, 1998 (Act No. 101 of 1998.
"(ii) when the fire danger is rated as high or extreme.".
Amendment of section 10 of Act 101 of 1998 10.
"(2) When the Minister has published a warning in terms of subsection (1)(b)). no person may light, use or maintain a lire in the open ak in the region where the fire danger is high or extreme."
"(a) say that the fire danger is high or extreme;".
Amendment of section 20 of Act 101 of 1998 11.
"(f) generally, any other ancillary or incidental administrative or procedural matter which it is necessary or expedient to prescribe for the proper implementation or administration of this Act."
(3) The generality' of the powers conferred by subsection (1)(f) is not limited by the provisions of the preceding paragraphs.''.
Amendment of Act 23 of 1960 12. Section 2 of the Wattle Bark Industry Act. 1960 (Act No. 23 of 1960) is hereby repealed.
This Act is called the Forestry Laws Amendment Act, 2005.
AMENDMENT BILL, 2005 1. AMENDMENT OF THE NATIONAL, FORESTS ACT, 1998 1.1 Section 7(1)(a) of this Act prohibits the cutting, damaging, disturbing, or destruction of any indigenous living tree in natural forests. The word "living" is being deleted by the Bill as it causes practical problems. It is difficult to prove whether wood originates from a dead or a living tree.
1.2 The Bill deletes the word "specially" in section 8(1). The term "specially protected area" in that section implies that it is a category different from a "protected area" which is not the intention of the Act. Hence the need to use the term "protected area" consistently.
1.3 The powers of the Minister in terms of section 15(1) arc extended by the Bill not only to licence certain acts in respect of protected trees but also to authorise such acts by means of exemption on advice of the National Forests Advisory Council. The subsection at the moment only provides for licencing and therefore does not accommodate cases where produce and products from protected trees are frequently and beneficially used by communities where licencing would be inappropriate. This amendment will also bring this section in line with the exemption in respect of indigenous trees provided for in section 7(1).
1.4 Section 17(2) of the Act currently limits the Minister's powers to prevent deforestation of, and to rehabilitate, a natural forest or woodland, to those protected under section 12(1). The Bill seeks to amend section 17(2) so as extend the Minister's powers to prevent deforestation of and to rehabilitate a natural forest or woodland, beyond those protected under section 12(1).
A number of claimed rights in respect of State forests will still take some time to be resolved.
At the same time the State is leasing out a considerable area of State forest land.
As such lease moneys may eventually have to be paid over to successful claimants of rights in State forests, it has become necessary for the State to keep such moneys in a trust account. A need also exists for the State to continue to receive and pay out lease moneys on behalf of some successful claimants by means of a trust.
Where claims are unsuccessful, lease moneys kept in trust are to be paid over to the Slate. Where State forest land belongs to the Ingonyama Trust, lease moneys kept for claimants whose claims fail will go to the Ingonyama Trust.
The Bil l seeks to authorize the Minister to act as founder of the trust. The Minster may also appoint and dismiss the trustees and create such powers, rights, obligations and exemptions for the trustees as may be necessary to achieve the objects of the trust. The Minister may also decide on the contents, variation and termination of the trust. The Minister may also terminate the appointment of all the trustees and perform their functions herself.
The Minister is given regulating powers for mensuration.
Access for recreation is added.
A general regulation-making power is added.
The existing formulation of section 53(5) is improved.
1.7 Certain acts in respect of temporarily protected trees are sought to be visited with the same criminal sanction as those in respect of protected trees.
Certain acts that constitute offences in respect of seven-week ferns are sought to he made offences in respect of all forest produce.
Amendment of the National Veld and Forest Fire Act, 1998 2.1 In terms of Chapter 3 of the National Veld and Forest Fire Act, 1998, (Act) the Minister must determine a fire danger rating, system for the whole country. Presently the Act provides for a highest fire danger rating of "high". In drawing up the fire danger rating system it was found that an additional highest category of "extreme" is essential. The Bill therefore seeks to include a fire danger rating of "extreme" in the relevant provisions.
Currently the Act requires the Minister to broadcast a fire danger rating of "high" (or "extreme" as the Bill envisages) from three television and three radio stations. It must also be published in two newspapers. Section 9(3) requires the Minister to divide the country into separate fire danger rating regions. It has been found that there are regions which arc not served by three television and radio channels and where two different newspapers arc not circulated. The Bill therefore seeks to reduce the number of radio and television channels and the newspapers required to carry the danger warnings.
A large part of the wattle bark industry is presently being regulated by the Wattle Bark Industry Act. 1960. The Bill repeals section 2 of the Act and thus in effect deregulates the relationship between growers and manufacturers. This is in line with the National policy of deregulating the wattle bark industry.
FINANCIAL IMPLICATIONS None.
6.1 The Stale Law Advisers and the Department of Water Affairs and Forestry are of the opinion that this Bill must he dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to winch the procedure set out in section 74 or 76 of the Constitution applies.
6.2 The State Law Advisers arc of the opinion that it is necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act. 2003 (Act No. 41 of 2003), since it contains provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.27962En.2012-02-10.en.txt</fn>
The Minister for Justice and Constitutional Development intends introducing the Constitution Twelfth Amendment Bill of 2005, in the National Assembly.
of the Constitution of the Republic of South Africa, 1996. Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister for Justice and Constitutional Development.
1 Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enact men ts.
To amend the Constitution of the Republic of South Africa, 1996, so as to effect a technical change; and to determine the geographical areas of the nine provinces of the Republic of South Africa; and to provide for matters connected therewith.
Substitution of section 103 of the Constitution of the Republic of South Africa, 1996, as amended by section 3 of Act 3 of 2003 1.
Amendment of section 155 of the Constitution of the Republic of South Africa, 1996, as amended by section 1 of Act 87 of 1998 2. Section 155 of the Constitution is hereby amended by the deletion of subsection (6A).
Section 157 of the Constitution is hereby amended by the deletion of paragraph (b) of subsection (4).
in the Constitution of the Republic of South Africa, 1996 4.
The Province of the Eastern Cape Map No.
42 of the Schedule to Notice 1 179 of 2005 (Ukhahlamba District Municipality) Map No. 38 of the Schedule to Notice I179 of 2005 (Nelson Mandela Metropolitan Municipality) Map No. 4 of the Schedule to Notice 1594of 2005 (Alfred Nzo District Municipality) Map No. 39 of the Schedule to Notice 1 179of 2005 (Cacadu District Municipality) Map No.
District Municipality) Map No.
Map No.
The Province of Gauteng Map No. 1 of the Schedule to Notice I179 of 2005 (Metropolitan Municipality Ekurhuleni) Map No. 2 of the Schedule to Notice 1 179 of 2005 (Metropolitan Municipality Tshwane) Map No. 13 of the Schedule to Notice 1594 of 2005 (Metsweding District Municipality) Map No. 25 of the Schedule to Notice 1594 of 2005 (West Rand District Municipality) Map No, 72 of the Schedule to Notice I I79 of 2005 (City of Johannesburg) Map No.
Map No. I5 of the Schedule to Notice I594 of 2005 (Sekhukune District Municipality) Map No. 19 of the Schedule to Notice I594of 2005 (Mopani District Municipality) Map No. 65 of the Schedule to Notice I I79 of 2005 (Vhembe District Municipality) Map No, 66 of the Schedule to Notice I I79 of 2005 (Capricorn District Municipality) Map No.
Schedule to Notice 1594 of 2005 (Ehlanzeni District Municipality) Map No.
The Province of the Northern Cape Map No.
Municipality) Map No.
District Municipality Map No.
Map No. 27 of the Schedule to Notice I594 of 2005 (Southern District Municipality) Map No. 68 of the Schedule to Notice 1 179of 2005 (Bojanala District Municipality) Map No. 69 of the Schedule to Notice 1 of 2005 (Central District Municipality) Map No.
Comes into operation on a date fixed by the President by proclamation in the Gazette.
No. 200 of 1993) (the Interim Constitution). The areas of the respective provinces were defined in Part 1 of Schedule 1 to the Interim Constitution, which defined those areas primarily by reference to specific districts created in terms of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944).
of the Constitution of the Republic of South Africa, 1996 (the Constitution) provides that "tlhe boundaries of the provinces are those that existed when the Constitution took effect". in other words, as defined under the Interim Constitution. Consequently, provincial boundaries are determined by reference to the boundaries of magisterial districts. rather than by reference to municipal boundaries. This state of affairs has resulted in some practical difficulties, particularly in respect of service delivery.
of the Constitution the local sphere of government consists of municipalities. which must be established for the whole of the territory of the Republic.
of the Constitution each provincial government must establish municipalities in its province and must, by legislative or other measures, among others, provide for the monitoring and support of local government in the province.
of the Constitution regulates the establishment of the so-called "cross-boundary municipalities". It provides that if the criteria for the determination of municipal boundaries cannot be fulfilled without a municipal boundary extending across a provincial boundary. that municipal boundary may be determined across the provincial boundary, but only with the concurrence of the provinces concerned and after the respective provincial executives have been authorised by national legislation to establish a municipality within that municipal area. Such legislation has been enacted in the form of the Local Government: Municipal Structures Act, I998 (Act No. I I7of 1998).
provide a framework for the exercise of provincial executive authority in that municipal area and with regard to that municipality; and provide for the re-determination of municipal boundaries where one of the provinces concerned withdraws its support of a municipal boundary as determined.
the Local Government: Cross-boundary Municipalities Act, 2000 (Act No.
2000 (Act No. 69 of 2000), that authorises the re-determination of the boundaries of certain cross-boundary municipalities.
Sixteen cross-boundary municipalities were established in terms of the above- mentioned statutory provisions, affecting five provinces in the Republic. Since their establishment, numerous problems have been experienced in administering these municipalities.
the notion of cross-boundary municipalities be done away with; and provincial boundaries be reviewed SO that all municipalities fall within province or the other.
Clause 1 seeks to effect certain technical changes to section 103 of the Constitution by, among others, providing for the alphabetical sequence of the provinces.
A in the Constitution that defines the areas of the provinces with reference to the geographical areas that are represented by municipal demarcation maps. These maps are contained in official notices issued by the Municipal Demarcation Board.
6 metropolitan municipalities and 46 district municipalities. These structures represent wall to wall municipalities, whilst local municipal areas do not cover the whole of the territory of the Republic.
By using municipal demarcation maps it would also not be necessary to amend the Constitution when the inner boundaries of metropolitan and district municipalities are changed.
This clause contains the short title of the Bill.
of the Constitution and consequently require the approval of both the National Assembly and the National Council of Provinces.
3.2 As the Bill is intended to determine provincial boundaries, the National Council of Provinces may not.
of the Constitution, pass the Bill unless it has been approved by the legislatures of the provinces concerned.
<fn>GOV-ZA.27969En.2012-02-10.en.txt</fn>
To provide for the repeal of the Local Government: Cross- boundary Municipalities Act, 2000 (Act No. 29 of 2000), the repeal of the Redetermination of the Boundaries of Cross- boundary Municipalities Act, 2000 (Act No. 69 of 2000), the repeal of the Redetermination of the Boundaries of Cross- boundary Municipalities Act, 2005 (Act No. 6 of 2005), and the repeal of provisions relating to cross- boundary municipalities in the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); to provide for transitional arrangements addressing the re-alignment of former cross-boundary municipalities; to provide for transitional arrangements in relation to the provincial boundary between the Eastern Cape Province and the KwaZulu-Natal Province; and to provide for matters connected therewith.
" cross- boundary municipality" means a municipality envisaged in Section 155 (6A) of the Constitution of the Republic of South Africa, 1996 (Act No.
" Municipal Demarcation Board" means the board established by section 2 of the Local Government: Municipal Demarcation Act, 1998 (Act No.
"section 12 notice" means the notice provided for in section 12 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998).
The laws specified in Schedule 1 are hereby repealed to the extent set out in the third column of Schedule 1.
Despite any applicable provisions of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998) and the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), the demarcation of a municipality indicated in the first column of Schedule 2 by the Municipal Demarcation Board as indicated in the second column of Schedule 2, is deemed to be a demarcation in terms of the Local Government: Municipal Demarcation Act, 1998, of a municipality with the designation indicated in the third column of Schedule 2 and within the province indicated opposite that municipality in the fourth column of Schedule 2.
Despite any applicable provisions of the Local Government: Municipal Structures Act, 1998, a section 12 notice referred to in the first column of Schedule 3 in respect of a municipality referred to in the second column of Schedule 3, is deemed to be the section 12 notice of a newly established municipality with the designation indicated in the third column of Schedule 3 opposite the municipality referred to in the second column; and issued by the MEC for local government of the province indicated in the fourth column of Schedule 3 opposite the municipality referred to in the second column.
Despite any applicable provisions of the Local Government: Municipal Structures Act, 1998, any municipality referred to in paragraph (a)(i) is deemed to be the successor in law of the municipality as designated in the second column of Schedule 3.
Despite the applicable provisions of the Local Government: Municipal Structures Act, 1998, the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000) and the Electoral Commission Act, 1996 (Act No. 51 of 1996), an MEC for local government and the Electoral Commission may take any steps in respect of a municipality referred to in the second column of Schedule 3 to prepare for a general election of all municipal councils in so far as any newly established municipality envisaged by subsection (2) is concerned.
Despite any applicable provisions of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998) and the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998), the proposed demarcation by the Municipal Demarcation Board of a municipality as indicated in the first column of Schedule 4, is deemed to be a demarcation in terms of the Local Government: Municipal Demarcation Act, 1998, of a municipality with the designation indicated in the second column of Schedule 4 opposite that proposed demarcation, and in the province indicated opposite that proposed demarcation in the third column of Schedule 4.
Despite any applicable provisions of the Local Government: Municipal Structures Act, 1998, the proposed section 12 notice referred to in the first column of Schedule 5 in respect of a proposed municipality referred to in the second column of Schedule 5, is deemed to be the section 12 notice of a newly established municipality with the designation indicated in the second column of Schedule 5; and issued by the MEC for local government of the province indicated in the third column of Schedule 5 opposite that municipality.
Despite any applicable provisions of the Local Government: Municipal Structures Act, 1998, any municipality referred to in paragraph (b)(i) is deemed to be the successor in law of the municipality referred to in the fourth column of Schedule 5 opposite any such municipality.
Despite the applicable provisions of the Local Government: Municipal Structures Act, 1998, the Local Government: Municipal Electoral Act, 2000 (Act No.
and the Electoral Commission Act, 1996 (Act No. 51 of 1996), an MEC for local government and the Electoral Commission may take any steps in respect of a municipality referred to in the second column of Schedule 5 to prepare for a general election of all municipal councils in so far as any newly established municipality envisaged by this subsection is concerned.
any right, privilege, obligation or liability acquired, accrued or incurred, in terms of a law applicable in the releasing province, will continue to have the force of law until revoked, withdrawn or replaced in terms of a law applicable in the receiving province.
A MEC for local government may, by way of an amendment to an applicable section 12 notice, regulate any legal, practical or other consequences of the relocation of an area referred to in subsection (1) in so far as such regulation is necessary to ensure the proper functioning of a municipality in whose area of jurisdiction such relocated area falls.
This Act is called the Cross- boundary Municipalities Laws Repeal Act, 2005, and takes effect on a date determined by the President by proclamation in the Gazette.
No. and year of lawAct No.
Metropolitan Identified by Map No. 1 EKU Map No.
2005) Metropolitan Identified by Map No. 2 TSH (Map No.
2005) CBDC2 known as Identified by Map No. 7 DC46 (Map No.
2005) CBLC2 known as Identified by Map No. 8 GT02b2 (Map No.
2005) CBDC3 known as Identified by Map No. 10 DC47 (Map No.
2005) CBLC3 known as Identified by Map No. 11 NP03a4 (Map No.
2005) CBLC4 known as Identified by Map No. 12 NP03a5 (Map No.
2005) CBLC5 known as Identified by Map No. 13 NP03a6 (Map No.
2005) DC9 known as Frances Identified by Map No. 24 DC9 (Map No.
2005) CBLC7 known as Identified by Map No. 25 NC094 (Map No.
2005) CBDC1 known as Identified by Map No. 3 DC45 (Map No.
2005) CBLC1 known as Ga- Identified by Map No. 4 NC452 (Map No. Northern Cape Segonyana Cross- of the Schedule to 8 of the Schedule boundary Local Notice 1179 of 2005 to Notice 1594 of Municipality 2005) NW1a1 known as Identified by Map No. 5 NC451 (Map No.
Municipality Notice 1594 of 2005) Notice 302 of 2000 CBDC3 known as DC47 (Map No.
I NP03a4 (Map No. 16 Limpopo of the Schedule to Notice 1594 of 2005) NP03a5 (Map No. 17 Limpopo of the Schedule to Notice 1594 of 2005) NP03a6 (Map No.
DC9 (Map No. 11 of Northern Cape the Schedule to Notice 1594 of 2005) NC094 (Map No. 12 Northern Cape of the Schedule to Notice 1594 of 2005) DC45 (Map No.
NC452 (Map No.
Identified by Map No. 2 of theSchedule to Notice 1594 of 2005Identified by Map No. 1 of theSchedule to Notice 1594 of 2005Identified by Map No. 4 of theSchedule to Notice 1594 of 2005Identified by Map No.5 of theSchedule to Notice 1594 of 2005Identified by Map No. 3 of theSchedule to Notice 1594 of 2005Identified by Map No.
Identified by Map No. 23 of theSchedule to Notice 1594 of 2005Identified by Map No. 20 of theSchedule to Notice 1594 of 2005Identified by Map No. 19 of theSchedule to Notice 1594 of 2005Identified by Map No. 29 of theSchedule to Notice 1594 of 2005Identified by Map No. 28 of theSchedule to Notice 1594 of 2005Identified by Map No.
Identified by Map No.
1594 of 2005) Notice of DC43 known as Sisonke KwaZulu-Natal DC43 2005 (KwaZulu- District Municipality (Map No.
1594 of 2005) Notice of DC44 known as Alfred Nzo Eastern Cape DC44 2005 (Eastern District Municipality (Map No.
1594 of 2005) Notice of EC05b2 known as Eastern Cape EC05b2 2005 (Eastern Umzimvubu Local Cape) Municipality (Map No.
Notice of2005 (NorthWest) EC05b3 known as Matatiele Local Municipality (Map No.
MP325 known as Bushbuckridge Local Municipality (Map No.
DC32 known as Ehlanzeni District Municipality (Map No.
NP335 known as Maruleng Local Municipality (Map No. 20 of the Schedule to Notice 1594 of 2005) DC33 known as Mopani District Municipality (Map No. 19 of the Schedule to Notice 1594 of 2005) NW406 known as Merafong Local Municipality (Map No. 29 of the Schedule to Notice 1594 of 2005) NW405 known as Westonaria Local Municipality (Map No.
Notice of DC40 known as Southern North West DC40 2005 North District Municipality Map No.
2005 (Gauteng) District Municipality (Map No.
Cape) Municipality (Map No.
1.1 Section 155(6A) of the Constitution provides for the establishment of a cross- boundary municipality where the municipal boundary of that municipality cannot be determined without the municipal boundary extending across a provincial boundary.
The Cross -boundary Municipalities Laws Repeal Bill ("the Bill") seeks to repeal all local government laws providing for cross- boundary municipalities.
The Bill seeks to dispense with the provisions of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998), and the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) by allowing the demarcation of a particular cross-boundary municipality as reflected in Schedule 2 of the Bill, to be the demarcation of the newly established municipality (a municipality whose boundaries fall within one province).
The Bill seeks to allow for a section 12 notice as reflected in Schedule 3 of the Bill, to be a section 12 notice of the newly established municipality (a municipality whose boundaries fall within one province) issued by the MEC for local government of the corresponding province as indicated in Schedule 3.
The Bill seeks to provide that the newly established municipality is the successor in law of the municipality reflected in Schedule 3.
The Bill further seeks to allow the MEC for local government and the Electoral Commission to take any steps to prepare for the general elections of all municipal councils of the newly established municipalities (municipalities whose boundaries fall within one province).
1.2 The Bill also seeks to address challenges related to the provincial boundary between the Eastern Cape and KwaZulu-Natal Provinces in a manner that would avoid going through a process of first establishing cross-boundary municipalities in order to address these challenges. (In this regard, the provisions of the Bill must be read with the provisions of the Twelfth Constitution Amendment Bill, 2005.
The Bill seeks to dispense with the provisions of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998), and the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998) by allowing proposed demarcations of particular municipalities as reflected in Schedule 4 of the Bill, to be deemed to be the demarcation of municipalities that reflect a new composition or location in a particular province.
The Bill seeks to allow for proposed section 12 notices as reflected in Schedule 5 of the Bill, to be deemed to be the section 12 notices of municipalities that reflect a new composition or location in a particular province.
The Bill seeks to provide for municipalities that reflect a new composition or location in a particular province, to be regarded as the successors in law of the former municipalities reflected in the last column of Schedule 5.
The Bill further seeks to allow the MEC for local government and the Electoral Commission to take any steps to prepare for the general elections of all municipal councils of municipalities that reflect a new composition or location in a particular province.
1.3 The Bill contains a savings clause to ensure that licences, permits or authorisations and appointments made in terms of laws applicable in a releasing province, continue to have the force of law where a particular area is relocated in another province (the receiving province) as a result of the provisions of the Bill.
It is the intention that once the Bill becomes an Act, it would only be put into effect from the date of the next local government elections.
The Department of Justice and Constitutional Development The Bill was published for public comment in terms of section 154(2) of the Constitution.
An adjustment to provincial equitable share allocations based on the provincial shifts in population will need to be effected.
Provincial functions performed in affected municipalities, either by provincial governments or on an agency basis by the affected municipalities, would need to be addressed. This might also require adjustments to provincial budgets in order to address the shift in functions performed by one province to the other.
Former cross- boundary municipalities will, as from the local government elections be located in one particular province. One district municipality will have to be disestablished.
6.1 The State Law Advisers and the Department of Provincial and Local Government are of the opinion that the Bill must be dealt with in accordance with the procedure prescribed by section 75 of the Constitution. The Bill does not fall within the functional areas listed in Schedule 4 to the Constitution, nor does it provide for legislation envisaged in the sections referred to in section 76(3) of the Constitution.
6.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.27981aEn.2012-02-10.en.txt</fn>
The Minister of Finance intends tabling the Auditing Profession Bill, 2005in Parliament during the current parliamentary term.
of the Rules of the National Assembly. Interested persons and institutions are invited to submit written representation on the Bill to the Secretary to Parliament by no later than 30 September 2005.
The Minister of Finance intends tabling the Special Pensions Amendment Bill, 2005 in Parliament during the current parliamentary term.
To provide for the establishment of the Independent Regulatory Board for Auditors; to provide for the education, training and professional development of registered auditors; to provide for the accreditation of professional bodies; to provide for the registration of auditors; to regulate the conduct of registered auditors; to repeal an Act; and to provide for matters connected therewith.
"auditing pronouncements" means those standards, practice statements, guide-lines and circulars developed, adopted, issued or prescribed by the Regulatory Board, which a registered auditor must comply with in the performance of audit services; "Auditor-General" has the meaning as assigned in section 1 of the Public Audit Act, 2004 (Act No.
"client" means the person for whom a registered auditor is performing or has performed audit services; "company" has the meaning assigned to it in the Companies Act, 1973 (Act NO.
"improper conduct" means any intentional or negligent non-compliance with this Act or any rules or prescribed in terms of this Act or any conduct prescribed as constituting improper conduct; "management board" in relation to an entity, which is a company, means the board of directors of the company and, in relation to any other entity, means the body or individual having control of the management of the business of the entity; "Minister" means the Minister of Finance; "nominated registered auditor" means the individual who is appointed by an entity to perform the relevant auditing services, whether by virtue of being personally appointed as registered auditor or by virtue of being a member of a firm which is so appointed; '60rgan of state" has the meaning assigned to it in section 239 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996); "prescribe" means prescribe by rule in the Gazette and "prescribed" and "prescribing" have corresponding meanings; "professional body'' means a body of, or representing, registered auditors or both accountants and registered auditors; "public accountant" means any person who is engaged in public practice; "public practice" means the practice of a registered auditor who places professional services at the disposal of the public for reward, and "practice" has a similar meaning; "Public Accountants' and Auditors' Board" means the board established under the Public Accountants' and Auditors' Act, 1991 (Act No. 80 of 1991); ''Public Finance Management Act" means the Public Finance Management Act, 1999 (Act NO.
represents a material breach of any fiduciary duty owed by such person to the entity or any partner, member, shareholder, creditor or client of the entity under any law applying to the entity or the conduct or management thereof; "rule" means a rule prescribed by the Regulatory Board under section 10; "third party" means any person other than a client; and "training contract" means a written training contract entered into in the prescribed form and registered with the Regulatory Board whereby a prospective registered auditor is duly bound to servea registered auditor for a specified period and is entitled to receive training in the practice and profession of a registered auditor.
to set out measures to advance the implementation of appropriate standards of qualification and competence and good ethics in the auditing profession; and to provide for procedures for disciplinary action in respect of improper conduct.
is a juristic person; and must exercise its functions in accordance with this Act and any other relevant law.
the Constitution and the law; and any directive issued by the Minister in terms of section 3 1.
publish a journal or any other publication, and issue newsletters and circulars containing information and guidelines relating to the auditing profession; and encourage education in connection with, and research into any matter affecting the auditing profession; and take any measures it considers necessary for the proper performance and exercise of its functions or duties or to achieve the objects of this Act.
the maintenance of the register; and the reviewing of the register and the manner in which alterations thereto may be effected; and terminate the accreditation of professional bodies in accordance with this Act.
ensure that the register of registered auditors is at all reasonable times open to inspection by any member of the public; and U, terminate the registration of registered auditors in accordance with this Act.
enter into an agreement with any person or body of persons, within or outside the Republic, with regard to the recognition of any examination or qualification for the purposes of this Act; and give advice to, render assistance to, consult with or interact with any organ of state, statutory body, educational institution, professional body or examining body with regard to educational facilities for and the education, training and professional development of registered auditors and prospective registered auditors.
The Regulatory Board may establish and administer an education fund for the purpose of education, training, professional development and continued education, training and professional development of registered auditors and students in the auditing profession.
fees payable for an inspection or review undertaken by the Regulatory Board in terms of section 47; or fees payable for any other service rendered by the Regulatory Board.
The Regulatory Board may grant exemption from payment of any fees referred to in subsection (1).
perform legal acts, or institute or defend any legal action in its own name; and do anything that is incidental to the exercise of any of its functions or powers.
any matter that is required or permitted to be prescribed in terms of this Act; and any other matter for the better execution of this Act or a function or power provided for in this Act.
(2)(a)Before the Regulatory Board prescribes any rule under this section, it must publish a draft of the proposed rule in the Gazette together with a notice calling on the public to comment in writing within a period stated in the notice, which period may not be less than 30 days from the date of publication of the notice.
If the Regulatory Board alters the draft rules because of any comment, it need not publish those alterations before prescribing the rule.
The Regulatory Board may, if circumstances necessitate the immediate publication of a rule, publish that rule without consultation as contemplated in subsection (2).
The Regulatory Board consists of not more than ten aon-executive members appointed by the Minister.
The Minister must appoint persons with suitable qualifications to effectively manage and guide the activities of the Regulatory Board, based on their knowledge and experience.
any nominations received in terms of subsection (5);and the availability of persons to serve as members of the Regulatory Board.
Disregarding any vacancy in its membership, not more than 40%of the members of the Regulatory Board must be registered auditors.
Before the Minister makes the appointments, the Regulatory Board must, by notice in the Gazette and in any national newspaper, invite nominations from members of the public.
The Minister may appoint an alternate member for every member of the Regulatory Board and the alternate member may attend and take part in the proceedings at any meeting of the Regulatory Board whenever the member to whom he or she has been appointed as an alternate is absent from such meeting.
the date from which the appointed takes effect; and the period for which the appointment is made.
A member of the Regulatory Board appointed in terms of section 11 holds office for such period, but not exceeding two years, as the Minister may determine at the time of his or her appointment.
A member of the Regulatory Board may be reappointed, but, subject to subsection (3), may not serve more than two consecutive terms of office.
and (2), the Minister may, by notice in the Gazette, after consultation with the Regulatory Board, extend the period of office of all the board members of the Regulatory Board for a maximum period of 12 months.
if the member, either through illness or for any other reason, is unable to perform the functions of office effectively; or if the member, whilst holding office has failed to comply with or breached any legislation regulating the conduct of members, including any applicable code of conduct.
has in terms of this Act been found guilty of improper conduct.
For the purposes of subsection (l)(d), the Minister must take in as far as reasonably possible cognisance of the prevailing circumstances in a foreign country relating to a conviction.
is declared by the High Court to be of unsound mind or mentally disordered or is detained under the Mental Health Act, 1973 (Act No.
12 No. 27981 GOVERNMENT GAZETTE, 30 AUGUST 2005 has, without the leave of the Regulatory Board, been absent from more than two consecutive meetings of the Regulatory Board; or ceases to be permanently resident in the Republic.
or (3), such person ceases to be a board member from the date of becoming disqualified.
(5)(a)If a member of the Regulatory Board dies or vacates his or her office before the expiration of his or her term of office, the Minister may appoint a person to fill the vacancy for the unexpired portion of the period for which that board member was appointed.
If the Minister appoints a person to fill the vacant seat, the appointment must be made within 60 days from the date on which the vacancy occurred.
(a)The Regulatory Board must elect a chairperson and a deputy chairperson from among its members.
(b)The chairperson and deputy chairperson each hold office for a period of two years from the date of their appointment.
If the chairperson is absent or for any reason unable to perform his or her functions as chairperson, the deputy chairperson must act as chairperson, and while he or she so acts he or she has all the powers and must perform all the duties of the chairperson.
If both the chairperson and deputy chairperson are absent or for any reason unable to preside at a Regulatory Board meeting, the board members present must elect a person to act as chairperson at that meeting.
The Regulatory Board meets as often as circumstances require, but at least twice every year, and at such time and place as the Regulatory Board may determine.
The chairperson may at any time convene a special meeting of the Regulatory Board at a time and place determined by the chairperson.
Upon a written request signed by not less than three members of the Regulatory Board, the chairperson concerned must convene a special meeting of the Regulatory Board tobe held within three weeks after the receipt of the request, and the meeting must take place at a time and place determined by the chairperson.
A majority of the members of the Regulatory Board present at a meeting constitutes a quorum.
(a)Every member of the Regulatory Board, including the chairperson, has one vote.
In the event of an equality of votes, the chairperson of the meeting has a casting vote in addition to his or her deliberative vote.
The decision of the majority of members present at a duly constituted meeting is the decision of the Regulatory Board.
a casual vacancy on the Regulatory Board; or the fact that any person who was not entitled to sit as a board member of the Regulatory Board participated in the meeting at the time the decision was taken or the act was authorised, if the board members who were present and acted at the time followed the required procedure for decisions.
deal with the Minister, any ministerial representatives, professional bodies and registered auditors in good faith; and at all times act in accordance with the code of conduct for board members as may be prescribed by the Minister.
The chief executive officer is responsible for the day-to-day management of the Regulatory Board and is accountable to the Regulatory Board.
The chief executive officer must enter into a performance agreement with the Regulatory Board on acceptance of his or her appointment.
in writing delegate any of its powers to a committee, the chief executive officer, or any member of the Regulatory Board or any other person or body of persons established in terms of this Act but may not delegate the power to prescribe rules; and assign any employee of the Regulatory Board to perform any of its duties.
does not divest the Regulatory Board of the delegated power or the performance of the assigned duty.
The Regulatory Board may confirm, vary or revoke any decision taken by a committee, the chief executive officer or a member of the Regulatory Board as a result of a delegation or assignment in terms of subsection (1).
The Regulatory Board, subject to subsection (2), may establish committees to assist it in the performance of its functions and it may at any time dissolve or reconstitute any such committee.
an investigating committee; and a disciplinary committee.
(a)A committee consists of as many members as the Regulatory Board considers necessary.
(b)The Regulatory Board, subject to sections 21,22 and 24 and taking into account, amongst others, the need for transparency and representivity within the broader demographics of the South African population, may appoint any person as a member of a committee.
If the Regulatory Board does not designate a chairperson for a committee, other than a disciplinary committee, the committee may, elect a chairperson from among its members.
The Regulatory Board must provide funding to its committees in such a way that the committees perform their functions effectively.
Sections 15 and 16 relating to meetings and decisions of the Regulatory Board, respectively, with the necessary changes apply in respect of any committee, except that the committees must meet at least four times a year.
one person representing an exchange which is the holder of a stock exchange licence issued under the Securities Services Act, 2004 (Act No. 36 of 2004); and one advocate or attorney with at least ten years' experience in the practice of law.
to interact on any matter relating to its functions and powers with professional bodies and any other body or organ of state with an interest in the auditing profession; and to provide advice to registered auditors on matters of professional ethics and conduct.
an incumbent of the office of Executive Officer of the Financial Services Board, or x one person with experience in the teaching of auditing at a university recognised or established under the Higher Education Act, 1997 (Act No.
one person nominated by any stock exchange licensed under the Securities Services Act, 2004 (Act No.
the Commissioner of the South African Revenue Services established in terms of the South African Revenue Services Act, 1997 (Act No. 34 of 1997), or a person nominated by that incumbent; and an incumbent of the office of the Registrar of Banks, or a person nominated by that incumbent.
preparing comment on exposure drafts or discussion papers and replies to questionnaires prepared by the International Assurance and Auditing Standards Board or a successor body; and nominating representatives to committees of the International Assurance and Auditing Standards Board or a successor body when requested to do so by the Regulatory Board.
When the need for an appointment to the committees for auditor ethics or auditing standards arises and the appointment depends on a nomination, the committees for auditor ethics or auditing standards must provide the Regulatory Board with the name of the nominated person, the name of any nominated alternate and any further relevant information, whereupon the Regulatory Board must in writing appoint the nominated persons within three months of receipt of the nominations.
Where any person's appointment to the committees for auditor ethics or auditing standards is dependent on a nomination, the Regulatory Board may make the duration of the appointment terminable on notice given by the nominating office-holder to the Regulatory Board that the nominated person has left its employment.
A member of the committees for auditor ethics or auditing standards whose term has expired continues to serve until a successor has been appointed.
must consist of a majority of non-registered auditors; and may consist of other suitably qualified persons that are not associated with the auditing profession.
all other monies which may accrue to the Regulatory Board from any other legal source, including sanctions imposed by the Regulatory Board; and moneys appropriated for that purpose by Parliament.
The annual budget and strategic plan of the Regulatory Board must be submitted to the Minister in terms of the Public Finance Management Act.
The financial management and the preparation and submission of financial statements and annual reports must comply with the Public Finance Management Act.
The Minister exercises executive authority over the Regulatory Board and the Regulatory Board is accountable to the Minister.
establish and maintain clear channels of communication between him or her and the Regulatory Board; and must monitor and annually review the performance of the Regulatory Board.
The Minister may designate officials of the National Treasury as his or her representatives on the board of the Regulatory Board.
Ministerial representatives appointed in terms of subsection (1) represent the Minister as participating observers at meetings of the board of the Regulatory Board.
The Minister or his or her designated representative or representatives may at any time call or convene a meeting of the Regulatory Board in order for the board to give account for actions taken by it.
(a)Aministerial representative must represent the Minister faithfully at meetings of and with the Regulatory Board, without consideration of personal interest or gain, and must keep the Minister informed of what transpired at meetings of the Regulatory Board.
A ministerial representative must act in accordance with the instructions of the Minister and may be reimbursed for expenses in connection with his or her duties as a Ministerial representative, but may not receive any additional compensation or salary for such duties.
to undertake a specific function-(aa)at its own cost; or (bb)against full or partial payment, as directed by the Minister; or to stop or desist from performing a specific function if that function is not in the best interests of the auditing profession.
(b)The Regulatory Board must comply with any directive given by the Minister.
The Minister, at any time, may investigate the affairs or financial position of the Regulatory Board and may recover from the Regulatory Board reasonable costs incurred as a result of an investigation.
A Regulatory Board must provide the Minister or his or her Ministerial representative with access to any information as may be reasonably requested.
A professional body must apply, on the prescribed application form, to the Regulatory Board for accreditation.
If the Regulatory Board is satisfied that the professional body complies with its requirements for accreditation, it must grant the application on payment of the prescribed fee.
it has in place appropriate programmes and structures to ensure that it is actively endeavouring to achieve the objective of being representative of all sectors of the South African population; and it meets any other requirement prescribed by the Regulatory Board from time to time.
In order to retain its accreditation, an accredited professional body must at least once a year at a time prescribed by the Regulatory Board, satisfy the Regulatory Board in the prescribed manner that it continues to comply with the requirements for accreditation listed in section 34.
it ceases to exist; or it fails to pay any prescribed fee or portion thereof within such period as may be prescribed by the Regulatory Board.
(a)The Regulatory Board, subject to subsection (3), must cancel the accreditation by it of a professional body if that body ceases to comply with any requirement for accreditation.
The Regulatory Board must prior to cancelling of accreditation, give notice in writing to the professional body concerned of its intention to cancel and the reasons on which it is based, and afford the professional body a period, of not less than 21 days and not more than 30 days, in which to submit grounds for not proceeding with cancellation.
The Regulatory Board, pending the outcome of the process referred to in paragraph (b),may suspend the accreditation of a professional body if it considers it in the best interest of the public or the auditing profession and may make such alternative arrangements to accommodate the needs of its members during the period of suspension as it may consider necessary.
If the Regulatory Board considers that cancellation of accreditation would not be in the best interests of the public or the auditing profession or the members of a professional body referred to in subsection (3), it may extend the accreditation of the professional body concerned on such conditions as it considers appropriate.
A professional body may by written notice to the Regulatory Board renounce its accreditation.
of the termination of its accreditation; and of their duty to provide the Regulatory Board with the written proof referred to in section 36.
A professional body, which is no longer accredited, is not relieved of any outstanding financial obligation towards the Regulatory Board.
The fact that the accreditation of a professional body has ended as in terms of section 35, does not affect the registration under this Act of any registered auditor who was a member of the professional body at the time of the termination.
have become members of another accredited professional body; or have made arrangements for their continuing professional development.
Where a registered auditor referred to in subsection (1) fails to comply with the requirements of subsection (2), the Regulatory Board, subject to subsection (4) may cancel the registration of the registered auditor under this Act.
The Regulatory Board must prior to the cancelling of the registration of a registered auditor give notice in writing to the registered auditor concerned of its intention to cancel and the reasons on which it is based, and afford the registered auditor a period, of not less than 21 days and not more than 30 days, in which to submit grounds for not proceeding to cancellation.
A person must apply, on the prescribed application form, to the Regulatory Board for registration.
is a fit and proper person to practise the profession; and is competent to practise as a registered auditor if a period of more than five years has elapsed between the date of complying with the education, training and professional development requirements for a registered auditor and the date of the application, then, subject to subsections (3) and (3, the Regulatory Board must register the applicant, enter the applicant's name in the register, and issue to the applicant a certificate of registration on payment of the prescribed fee.
is for the time being declared by a competent court to be of unsound mind or unable to manage the person's own affairs; or is disqualified from registration under a sanction imposed under this Act.
For the purposes of subsection (3)(b), the Regulatory Board must take cognisance of the prevailing circumstances in a foreign country relating to a conviction.
(5)The Regulatory Board may decline to register a person who is an unrehabilitated insolvent, has entered into a compromise with creditors or has been provisionally sequestrated.
whose registration was made in error or on information subsequently proved to be false; or who prior to registration has been guilty of improper conduct because of which the registered auditor is in the opinion of the Regulatory Board not a fit and proper person to be registered.
(2)The registration of a registered auditor automatically lapses if he, she or it fails to pay a prescribed fee, levy or portion thereof within the period prescribed by the Regulatory Board.
whose estate is sequestrated or provisionally sequestrated or who enters into a compromise with creditors; or who ceases to be a member of an accredited professional body and does not within six months of such cessation provide written proof to the satisfaction of the Regulatory Board that he, she or it has made arrangements for their continuing professional development.
Prior to cancelling a registration, the Regulatory Board must give notice in writing to the registered auditor concerned of its intention to cancel and the reasons on which it is based, and afford the registered auditor a period, of not less than 21 days and not more than 30 days, in which to submit grounds for not proceeding with cancellation.
(5)At the written request of a registered auditor, the Regulatory Board must remove the registered auditor's name from the register, but the removal does not affect any liability incurred by the registered auditor prior to the date of the removal.
(6)The fact that a registered auditor's registration has been cancelled or removed does not prevent the Regulatory Board from instituting disciplinary proceedings for conduct committed prior to the cancellation or removal.
As soon as practicable after a registered auditor's registration has been cancelled or removed the Regulatory Board must publish a notice of the cancellation or removal, specifying the registered auditor's name.
A registered auditor must, at least three months prior to the prescribed expiry date of his or her registration, apply in the prescribed manner to the Regulatory Board for the renewal of his or her registration.
The Regulatory Board may prescribe conditions for the renewal of registration.
sole proprietors; and companies, which comply with, subsection (3).
or a sole proprietor, on the prescribed application form, the Regulatory Board must register the firm as a registered auditor on payment of the prescribed fee.
the company is incorporated and registered as a company under the Companies Act, 1973 (Act No.
the company may, without confirmation by a court, purchase on such terms as it may consider expedient any shares held in it and the shares purchased are available for allotment in accordance with the company's articles of association; and despite any provision to the contrary in any other law, that a member of the company may not appoint a person who is not a member of the company to attend or speak or vote on behalf of the member at any meeting of the company.
A company, subject to subsection (3)(c), must immediately cease to engage in public practice when it ceases to conform to subsection (3), and the Regulatory Board must cancel the registration of that firm.
In its application to a company, which is a registered auditor, section 20 of the Companies Act, 1973 (Act No.
Only a registered auditor may engage in public practice or hold out as an registered auditor in public practice or use the description "public accountant", "certified public accountant", "registered accountant and auditor", "accountant and auditor in public practise" or any other designation or description likely to create the impression of being an registered auditor in public practice.
perform any act indicating, or calculated to lead persons to believe that he or she is registered in terms of this Act.
may not be construed as prohibiting any person from performing audit services identified in terms of this section, if such services are performed in the service of or by order of and under the direction, control, supervision of or in association with a registered auditor entitled to perform the auditing services identified and who must assume responsibility for any auditing services so performed.
person employed exclusively at a salary by an entity and not carrying on business on his or her own account, from using the description "internal auditor" or "accountant" in relation to that entity; any member of a not-for-profit club, institution or association from acting as auditor for that club, institution or association if he or she receives no fee or other consideration for such audit services; or the Auditor-General from appointing any person who is not a registered auditor to carry out on his behalf any audit services which he or she is in terms of the Public Audit Act, 2004 (Act No.
required to undertake.
any person who is for the time being suspended from public practice under any provision of this Act; or any person who is no longer registered as an registered auditor as a result of the name of the person having been removed from the register or being disqualified from registration by virtue of a finding of misconduct and sanction imposed on the person under section 51; or any person who applied for registration under section 37, but whose application the Regulatory Board declined.
(5)Aregistered auditor who is not in public practice as an individual practitioner may practise as a member of a firm only if, by virtue of section 40, the firm is itself a registered auditor.
the registered auditor's present first names, or initials, and surname; or in the case of a partnership, at least the present first names, or initials, and surnames of the managing partners or, if there are no managing partners, of the active partners or, where such a letterhead is used only by a branch office of the partnership, at least the present first names, or initials, and surnames of the managing partners at that branch office or, if there are no such resident partners, of the partners assigned to that branch office;or in the case of a company, the names of the directors as required by section 171 of the Companies Act, 1973 (Act No.
perform professional auditing services unless adequate risk management practises and procedures are in place; or engage in public practice during any period in respect of which the registered auditor has been suspended from public practice.
performed on behalf of a registered auditor by another registered auditor; or performed by another registered auditor in a partially completed assignment which the previous registered auditor was unable to complete as a result of death, disability or other fortuitous cause not under the control of the previous registered auditor, and which assignment the successor registered auditor is engaged to complete; or performed outside the Republic by a member of a professional body of registered auditors outside the Republic whose status, in the opinion of the Regulatory Board, is at least equal to that demanded by the Regulatory Board for the profession in the Republic.
prevents any registered auditor from signing the firm name or title under which the registered auditor practises.
For the purposes of section 171 of the Companies Act, 1973 (Act No. 61 of 1973), in relation to such a company as is described in section 40,it must be regarded as sufficient if a catalogue, circular or letter to which the said section 17 1 applies and which emanates from a branch office of any company contains the required particulars in respect of directors attached to that branch office.
In order to engage in public practice, a registered auditor must have paid all applicable prescribed fees.
All registered auditors must comply with rules prescribed by the Regulatory Board.
Every firm that is a registered auditor must notify the Regulatory Board of any change in its name, composition or address not later than 30 days after the date on which the change takes place.
the full names of all (if any) of the registered auditor's partners, co-directors or co-members; and the registered auditor's first names or initials, surname, ordinary business address and ordinary residential address.
In subsection (2) "the auditor's firm" means the partnership or company of which the registered auditor is a partner or member; and where, under that subsection, a registered auditor is required to supply information relating to a firm, the supply of the information in the name of the firm must be a sufficient compliance with the obligation of the individual registered auditor.
The registered auditor may not, without such qualifications as may be appropriate in the circumstances, express an opinion to the effect that any financial statement, including any annexure thereto, which relates to the entity, fairly represents, in all material respects, the financial position of the entity and the results of its operations and cash flow, unless a registered auditor who is conducting the audit services of an entity is satisfied about the criteria specified in subsection (2).
that the registered auditor has complied with all laws relating to the audit services of that entity; and that the registered auditor is satisfied, as far as is reasonably practicable having regard to the nature of the entity and of the audit services carried out as to the fairness or the truth or the correctness, as the case may be, of the financial statements.
If a registered auditor or, where the registered auditor is a member of a firm, any other member of that firm was responsible for keeping the books, records or accounts of an entity, the registered auditor must, in reporting on anything in connection with the business or financial affairs of the entity, indicate that the registered auditor or that other member of the firm was responsible for keeping those accounting records.
For the purpose of subsection (3), a person must not be regarded as responsible for keeping the books, records or accounts of an entity by reason only that person makes closing entries, assists with any adjusting entries, or frames any financial statements or other document from existing records.
(5)A registered auditor may not conduct the audit services of any financial statements of an entity, whether as an individual registered auditor or as a member of a firm, if, at any time during a period to which those financial statements relate or at any time during the two years ending at the beginning of that period the registered auditor has or had conflict of interest in respect of that entity as prescribed by the Regulatory Board.
(a)A nominated registered auditor of an entity that is satisfied or has reason to believe that a reportable irregularity has taken place or is taking place in respect of that entity must, without delay, send a written report to the Regulatory Board.
and include such other information and particulars, as the nominated registered auditor considers appropriate.
(a)The nominated registered auditor must within 3 days of sending the report to the Regulatory Board notify the members of the management board of the entity in writing of the sending of the report referred to in subsection (1)and the provisions of this section.
(b)A copy of the report to the Regulatory Board must accompany the notice.
the reportable irregularity is continuing; and detailed particulars and information supporting the statement referred to in paragraph (i).
of subsection (3), notify any appropriate regulator in writing of the details of the reportable irregularity to which the report relates and provide it with a copy of the report.
For the purpose of the reports referred to in subsections (1) and (3), a registered auditor may carry out such investigations as the registered auditor may consider necessary and, in performing any duty referred to in the preceding provisions of this section, the registered auditor must have regard to all the information which comes to the knowledge of the registered auditor from any source.
send the report together with a motivation as to why a report was not sent; or submit a notice that in the registered auditor's opinion no report needed to be submitted together, with a justification of the opinion.
(1)In respect of any opinion expressed or report or statement made by a registered auditor in the ordinary course of duties the registered auditor does not incur any liability to a client or any third party, unless it is proved that the opinion was expressed, or the report or statement made, maliciously or pursuant to a negligent performance of the registered auditor's duties.
that the opinion, report or statement would be used by a client to induce the third party to act or refrain from acting in some way or to enter into the specific transaction into which the third party entered, or any other transaction of a similar nature, with the client or any other person; or that the third party would rely on the opinion, report or statement for the purpose of acting or refraining from acting in some way or of entering into the specific transaction into which the third party entered, or any other transaction of a similar nature, with the client or any other person; or in any way represented, at any time after the opinion was expressed or the report or statement was made, to the third party that the opinion, report or statement was correct, while at that time the registered auditor knew or could in the particular circumstances reasonably have been expected to know that the third party would rely on that representation for the purpose of acting or refraining from acting in some way or of entering into the specific transaction into which the third party entered, or any other transaction of a similar nature, with the client or any other person.
and (2) confers upon any person a right of action against a registered auditor which, but for the provisions of those subsections, the person would not have had.
(b)of that subsection.
a contract between a third party and the registered auditor; or any other statutory provision.
A registered auditor may incur liability to any partner, member, shareholder, creditor, or client of an entity or to any third party if the registered auditor failed to report a reportable irregularity in accordance with section 45.
A registered auditor may not through an agreement or in any other way limit or reduce the liability that he, she or it may incur in terms of this section.
The Regulatory Board, or any person authorised by it, may, at any time, inspect or review the practice of a registered auditor and the effective implementation of any training contracts and may for these purposes inspect and make copies of any information, including, but not limited to, any working papers, statements, correspon-dence, books or other documents, in the possession or under the control of a registered auditor.
(b)Despite the generality of paragraph (a), the Regulatory Board, or any person authorised by it, must at least annually inspect or review the practice of a firm registered as a public interest company, as defined in the Companies Act, 1973 (Act No. 61 of 1973).
The Regulatory Board may recover the costs of an inspection under this section from the registered auditor concerned.
A registered auditor must, at the request of the Regulatory Board, or the person authorised by it, produce any information, including, but not limited to, any working papers, statements, correspondence, books or other documents, and, subject to the provisions of the common law or any other law, may not refuse to produce such information even though the registered auditor is of the opinion that the information contains confidential information of a client.
A registered auditor who acts in good faith during an inspection of the public practice of the registered auditor, and who produces information under subsection (3) may not be held liable criminally or under civil law because of the production of the information.
when required to do so by order of a court of law; or at the written request of, and to, any appropriate regulator, which requires it for the institution, or an investigation with a view to the institution, of any disciplinary action or criminal prosecution.
on reasonable grounds suspects that a registered auditor has committed an act which may render him or her guilty of improper conduct; or is of the opinion that a complaint, charge or allegation of improper conduct whether prescribed or not, which has been brought against a registered auditor by any person appears to be justified.
If, in the course of any proceedings before any court of law, it appears to the court that there is prima facie proof of improper conduct on the part of registered auditor the court must direct a copy of the record of the proceedings or such part thereof as relates to that conduct, to be sent to the Regulatory Board.
(b)Despite the provisions of any other law, whenever it appears to an appropriate regulator that there is prima facie proof of improper conduct on the part of a registered auditor, the official must forthwith send a report of that conduct to the Regulatory Board.
The Regulatory Board must refer to an investigating committee any record or report received by it under this subsection.
investigate the matter; and obtain evidence to determine whether or not in its opinion the registered auditor concerned may be charged and, if so, recommend to the Regulatory Board the charge or charges that may be preferred against that registered auditor.
has the right to be assisted or represented by another person; and is not obliged to make any statement and that any statement made may be used in evidence against the registered auditor.
require the registered auditor to whom the charge relates or any other person to produce to the committee any information, including, but not limited to, any working papers, statements, correspondence, books or other documents, which is in possession or under the control of that registered auditor or other person and which relates to the subject-matter of the charge, including specifically, but without limitation, any working papers of the registered auditor; and inspect and, if the investigating committee considers it appropriate, retain any such information for the purposes of its investigations; and make copies of and take extracts from such information.
The provisions of this subsection apply despite that the registered auditor is of the opinion that such information contains confidential information about a client.
(6)Nothing in this section limits or affects the right of any professional body to take disciplinary or other action against any of its members in accordance with its constitution and rules.
The investigating committee must, after the conclusion of the investigation, submit a report stating its recommendations to the Regulatory Board regarding any matter referred to it in terms of this section.
The Regulatory Board must charge a registered auditor with improper conduct if the investigating committee recommends that sufficient grounds exist for a charge to be preferred against such a registered auditor.
The Regulatory Board must furnish a charge sheet to the registered auditor concerned by hand or registered mail.
that he or she may, together with the admission or denial, submit a written explanation regarding the improper conduct with which he or she is charged; and of the period, which must be reasonable, but may not exceed 60 days, within which his or her plea in terms of paragraph (b)must be submitted to the Regulatory Board.
(4)(a)If a registered auditor charged admits that he or she is guilty of the charge, he or she is considered to have been found guilty of improper conduct as charged.
on a registered auditor who has admitted guilt in terms of paragraph (a).
The acquittal or the conviction of a registered auditor by a court of law on a criminal charge is not a bar to proceedings against him or her under this Act on a charge of improper conduct, even if the facts stated in the charge of improper conduct would, if proved, constitute the offence stated in the criminal charge on which he or she was acquitted or convicted or any other offence of which he or she might have been acquitted or convicted at his or her trial on the criminal charge.
The disciplinary hearing must be conducted by the disciplinary committee constituted in accordance with section 24.
(2)The disciplinary committee, for the purposes of this section, may appoint a person to assist it in the performance of its functions.
(3)A hearing before the disciplinary committee is open to the public except where, in the opinion of the chairperson of the disciplinary committee, any part of the hearing should be held in camera.
who may be able to give material information concerning the subject of the hearing; or who it suspects or believes has in his or her possession or custody or under his or her control any information, including, but not limited to, any working papers, statements, correspondence, books or other documents, which has any bearing on the subject of the hearing, to appear before the disciplinary committee at the time and place specified in the subpoena, to be questioned or to produce any information, including, but not limited to, any working papers, statements, correspondence, books or other documents.
be signed by the chairperson of the disciplinary committee or, in his or her absence, by any member of the disciplinary committee; and be served on the registered auditor concerned personally or by sending it by registered mail.
(5)The disciplinary committee may retain any information, including, but not limited to, any working papers, statements, correspondence, books or other documents produced in terms of subsection (4)for the duration of the hearing.
The chairperson of the disciplinary committee may call upon and administer an oath to, or take an affirmation from, any witness at the hearing who was subpoenaed in terms of subsection (3).
or (c);or may, in the case where he or she makes an admission in terms of subparagraph (i), be deemed to be guilty of improper conduct as charged.
question any person who was subpoenaed in terms of subsection (3); or call anyone to give evidence or to produce any information, including, but not limited to, any working papers, statements, correspondence, books or other documents in his or her possession or custody or under his or her control which the person referred to in subsection (2) suspects or believes to have a bearing on the subject of the hearing.
fail to produce any information, including, but not limited to, any working papers, statements, correspondence, books or other documents, in his or her possession or custody or under his or her control which he or she has been required to produce.
(b)A witness who has been subpoenaed must remain in attendance until excused by the chairperson of the disciplinary committee from further attendance.
(c)A witness who has been subpoenaed may request that the names of the members of the disciplinary committee be made available to him or her.
The law relating to privilege, as applicable to a witness subpoenaed to give evidence or to produce a book, document or object in a civil trial before a court of law may, with the necessary changes, apply in relation to the examination of, or the production of any information, including, but not limited to, any working papers, statements, correspondence, books or other documents, to the disciplinary committee by, any person called in terms of this section as a witness.
A witness may not, after having been sworn in or having been affirmed as a witness, give a false statement on any matter, knowing that answer or statement to be false.
person may not prevent another person from complying with a subpoena or from giving evidence or producing any information, including, but not limited to, any working papers, statements, correspondence, books or other documents, which he or she is in terms of this section required to give or produce.
the record is accompanied by a certificate from the chairperson; and the certificate certifies that the investigation was lawful, reasonable and procedurally fair.
If the improper conduct with which the registered auditor is charged amounts to an offence of which he or she has been convicted by a court of law, a certified copy of the record of his or her trial and conviction by that court is, on the identification of the registered auditor as the person referred to in the record, sufficient proof of the commission by him or her of that offence, unless the conviction has been set aside by a superior court.
if the disciplinary committee finds that the registered auditor charged is guilty of improper conduct, take cognisance of any aggravating or mitigating circumstances; and inform the registered auditor charged and the Regulatory Board of the finding.
address the disciplinary committee in mitigation of sentence; and call witnesses to give evidence on his or her behalf in mitigation of the sentence.
impose on him or her a fine not exceeding the amount calculated according for one year imprisonment prescribed in terms of the Adjustment of Fines Act, 1991 (Act No.
suspend the registration of the registered auditor~Concerned for a specific period; or cancel the registration of the registered auditor concerned and remove his or her name from the register referred to in section 6.
(b)The disciplinary committee may take decisions under more than one of the subparagraphs of paragraph (a).
(4)A disciplinary committee which makes a finding of guilt as mentioned in subsection (3) must order any person upon whom any sanction is imposed under that subsection to pay such reasonable costs as have been incurred by an investigating committee and the disciplinary committee in connection with the investigation and hearing in question, or such part thereof as the disciplinary committee considers just.
a person whose conduct has been the subject of a hearing under section 50 has not been found guilty of improper conduct, or on a hearing no sanction has been imposed on the person whose conduct was the subject of the hearing, the disciplinary committee may nevertheless order that person to pay any costs unnecessarily incurred by the disciplinary committee or the investigating committee because of the conduct of that person.
(6)At the conclusion of the hearing the disciplinary committee must notify the Regulatory Board of its finding.
The Regulatory Board may, if it deems it appropriate, publish the finding and the sanction imposed in terms of subsection (3).
(a)The Regulatory Board must give effect to the decision of the disciplinary committee.
Where an order as to costs has been made under subsections (4) or (3, the amount thereof shall be recoverable by the Regulatory Board from the person concerned, and any amount so recovered must be paid into the funds of the Regulatory Board.
fails to report a reportable irregularity in accordance with section 45; or for the purposes of, or in connection with, the audit services of any financial statement, knowingly or recklessly expresses an opinion or makes a report or other statement which is false in a material particular, shall be guilty of an offence.
applies to the member of the firm conducting the audit services, but nothing in this subsection prevents the taking of disciplinary action under Chapter V in respect of the firm concerned, in addition to or instead of the individual registered auditor conducting the audit services.
A person convicted of an offence under this section is liable to a fine or to imprisonment for a term not exceeding ten years or both a fine and such imprisonment.
having been duly summoned under section 50, the person fails, without sufficient cause, to attend at the time and place specifiedin the summons, or to remain in attendance until excused from further attendance by the chairperson of the disciplinary committee; or having been called under section 50, the person refuses to be sworn or to affirm as a witness or fails without sufficient cause to answer fully and satisfactorily to the best of the person's knowledge and belief all questions lawfully put concerning the subject of the hearing; or having been called under section 50 and having possession, custody or control of, any information, including, but not limited to, any working papers, statements, correspondence, books or other documents, refuses to produce it when required to do so.
(2)A witness before a disciplinary committee who, having been duly sworn or having made an affirmation, gives a false answer to any question lawfully put to the witness or makes a false statement on any matter, knowing the answer or statement to be false, is guilty of an offence.
Any person who wilfully hinders any person acting in the capacity of a member of a disciplinary committee in the exercise of any power conferred upon that person by or under section 51 is guilty of an offence.
A person convicted of an offence under this section is liable to a fine or to imprisonment for a period of five years' or to both a fine and such imprisonment.
Any person who contravenes section 41, is guilty of an offence and on conviction liable to a fine or in default of payment, to imprisonment not exceeding five years, or to both such fine and such imprisonment.
contravenes any provision of section 47; or obstructs or hinders any person in the performance of functions under that section, is guilty of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding one year.
any matter relating to the functioning of the Regulatory Board that is necessary to ensure the Regulatory Board's efficiency or to promote good order; and any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.
(2)The Minister may delegate any of his or her powers in terms of this Act, excluding the power to such regulations and the power to appoint the board members of the Regulatory Board, to the Director-Generalor any other o5cial of the National Treasury.
Neither the Regulatory Board or any board member or employee or chief executive thereof, nor a committee of the Regulatory Board or any member thereof, nor the Public Accountants' and Auditors' Board or any member thereof, incurs any liability in respect of any act or omission performed in good faith under or by virtue of a provision in this Act, unless that performance was grossly negligent.
publish or otherwise make known the nature and effect thereof in a written, printed or electronic manner to any affected persons and bodies in a manner designed to ensure that they acquire full knowledge thereof; and comply with any applicable requirement of just administrative action, including the furnishing of reasons for discretionary decisions imposed by, under or by virtue of any law.
Subject to section 60, the laws mentioned in the Schedule are hereby, repealed to the extent set out in the third column of that Schedule.
With effect from the date on which this Act comes into force, and in respect of damages suffered by any person as a result of an act or omission of a registered auditor committed on or after that date, the reference in section 1 of the Apportionment of Damages Act, 1956 (Act No 34 of 1956), to "damage" must be construed as a reference also to damage caused by a breach, by the registered auditor, of a term of a contract concluded with the registered auditor.
(a)From the date of commencement of this Act, the Regulatory Board must be regarded as the successor to the Public Accountants' and Auditors' Board.
for the purposes only of section 197 of the Labour Relations Act 1995 (Act No. 6 of 1995) the provisions of this subsection must be regarded as the transfer of a business from the Public Accountants' and Auditors' Board to the Regulatory Board.
The Registrar of deeds concerned must, at the request of the Regulatory Board and on submission of the relevant title deeds and other documents, make the necessary entries and endorsements in respect of his or her registers and other documents in order to give effect to a transfer in terms of subsection (1).
(d)No transfer duty, stamp duty or other fees shall be payable in respect of such transfer, entry or endorsement.
Subject to subsection (3), any unfinished business of the Public Accountants' and Auditors' Board on the date this Act comes into force, which is dealt with by that Board under a provision of the Public Accountants' and Auditors' Act, 1991, and for which no corresponding provision appears in this Act, must be completed by that Board during the period between that date and the commencement date.
(a) Any proceedings in connection with an application for registration as accountant and auditor still pending on the commencement date must, with effect from that date, be deemed to be proceedings for registration as an auditor contemplated in this Act and must further be administered, considered and completed by the Regulatory Board.
(4)The Education and Training Committee of the Public Accountants' and Auditors' Board, as it existed immediately prior to the commencement date, is deemed to be a committee established by the Regulatory Board under section 20 to determine the requirements for the professional development and achievement of professional competence.
Any committee performing, immediately prior to the commencement date, an investigating or disciplinary function under the Public Accountants' and Auditors' Act, 1991, remains validly constituted and must complete its functions after that date as if this Act has not been passed.
Accountants' and Auditors' Act, 1991, is deemed to be registered as an auditor under this Act.
Any training contract registered, any recognition of educational institutions or recognition of training officers under the Public Accountants' and Auditors' Act, 1991, is deemed to be a registration or recognition under this Act.
The Examination Regulations as contained in the Manual of Information: Guidelines for Registered Accountants and Auditors, issued by the Public Accountants' and Auditors' Board as at the commencement date, must be deemed to have been prescribed by the Regulatory Board in respect of registered auditors.
The Disciplinary Regulations as contained in the said Manual (excluding paragraphs 2.1 to 2.1.21, inclusive, thereof) must be deemed to have been prescribed by the Regulatory Board.
The Code of Professional Conduct as contained in the said Manual (including paragraphs 1 to 2.1.21, inclusive, of the Disciplinary Regulations) must be deemed to have been prescribed by the Regulatory Board.
The Circulars as contained in the said Manual must be deemed to have been issued by the Regulatory Board.
(e)The Recognition Model as contained in the said Manual, must be deemed to have been prescribed by the Regulatory Board.
The auditing pronouncements issued by the Public Accountants' and Auditors' Board are, with effect from the commencement date, deemed to have been issued by the Regulatory Board.
Subject to the provisions of this Act, on and after the commencement date, anything which was done under a provision of a law repealed by section 58 and which could be done under a corresponding provision of this Act, is deemed to have been done under that corresponding provision.
A reference in any of the preceding subsections to the commencement date is a reference to the date that subsection comes into force.
This Act is called the Auditing Profession Act, 2005 and comes into operation on a date prescribed by the Minister by notice in the Gazette.
Act 80 of 1991 Public Accountants' and Auditors' Act, 1991 The repeal of the whole.
Act 88 of 1996 Abolition of Restrictions on the Jurisdiction of Courts Act, 1996 The repeal of section 107.
34 No.
1.1 The failures of numerous companies, both internationally and in South Africa, have raised concerns regarding the independence and conduct of auditors. In light of these failures, countries around the world have taken legislative action to introduce stringent requirements for the conduct and discipline of auditors.
1.2 In South Africa the auditing profession is currently regulated under the Public Accountants' and Auditors' Act, 80 of 1991 ("PAAAct"). The need has arisen to replace this Act and to improve the integrity of South Africa's financial sector and financial reporting by introducing a more comprehensive and modern legislative framework for overseeing and regulating the auditing profession.
1.3 The Bill must be read together with the Companies Act Amendment Bill 2005. The Companies Act Amendment Bill entrenches and safeguards the independence of auditors within the corporate environment.
prescribe standards for auditing in the development and maintenance of internationally comparable auditing standards in the Republic in a manner that is responsive to the expectations of business, financial institutions and the general public.
This chapter sets out the objects of the Bill, its definitions and other interpretation rules to be applied in the Act.
This chapter is subdivided into seven parts, and addresses the establishment of an Independent Regulatory Board. This Board replaces the Public Accountants and Auditors Board "PAAB" which was set up in terms of the PAA Act. There are various provisions which assign authority or responsibility to the Independent Regulatory Board to regulate the audit profession.
Part 1: provides for the establishment of the Independent Regulatory Board for Auditors as a juristic person.
Part 2: deals with the functions of the Regulatory Board.
Part 3: assigns powers to the Regulatory Board, including the power to make rules and to determine its own staff establishment and for the appointment of a chief executive officer.
Part 4: deals with governance of the Regulatory Board through a Board. It provides for the appointment of members, their term of office, disqualification and the like. Certain duties and responsibilities of an accounting nature, in addition to those set out in the Public Finance Management Act, are assigned to the Board.
Part 5: provides for the establishment of various committees which will assist the Regulatory board in the performance of its functions.
Part 6: sets out the funding and financial management of the Regulatory Board.
Part 7: National government is given oversight and executive authority, through the Minister. The Minister has authority to appoint Ministerial representatives, to oversee and issue directives to the Regulatory Board to undertake any function that will give effect to the objects of the Bill and to investigate the affairs of or financial position of the Regulatory Board.
This chapter has 2 parts.
Part 1: provides for application procedures for accreditation of professional bodies, prescribes requirements with which an applicant for accreditation must comply and authorises the Regulatory Bcprd to accept or cancel application for accreditation.
Part 2: deals with registration of individual auditors and firms and authorises the Regulatory Board to cancel registration under circumstances set out in this Part.
This chapter prescribes the practice of the auditing profession and liability of registered auditors. It further imposes general obligation on registered auditors to report on irregularities which they detect in performing their work.
The Regulatory Board is given authority to inspect or review the practice of a registered auditors and to investigate charges of improper conduct. The disciplinary committee is empowered to subpoena any person to give material information concerning the subject of the hearing and to question witnesses.
This chapter provides for the enforcement of the Bill through the creation of offence provisions and a scale of penalties on conviction of such offence.
This chapter sets out general provisions including the power of the Minister to make regulations to give effect to the objects of the Bill; provides an indemnity in respect of any act or omission performed in good faith under or by virtue of a provision in this Act, unless that performance was grossly negligent; provides for effective transition from the current Board in terms of the PAA Act to that established by this Bill.
Supervision Department of the South African Reserve Bank, the Office of the Auditor-General, the South African Institute of Chartered Accountants and the like, have also been consulted on the Bill.
The Bill will have financial implications for the State as it provides for the partial funding of the Independent Regulatory Board for Auditors by government. This is necessary to enhance the independence of the Board.
6.1 The State Law Advisers and the National Treasury are of the opinion that this Bill must be dealt with in accordance with the procedure prescribed by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.27987En.2012-02-10.en.txt</fn>
Words in bold type in square brackets indicate omissions from existing enactments.
To amend the Mineral and Petroleum Resources Development Act, 2002, so as to remove ambiguity in the definition of certain terminology; to further provide for promotion of administrative justice in line with current legislation; to further provide for the levying of certain fees by the Minister of Minerals and Energy; to protect registered rights granted in terms of the principal Act as limited real rights; to further promote co-operative governance by adding functions to REMDEC; to amend the short title of the principal Act; to amend the transitional provisions so as to further afford statutory protection to certain existing old order rights; and to provide for matters connected therewith.
Amendment of section 1of Act 28 of 2002 1.
is managed and controlled by persons contemplated in paragraph (a) and that the persons collectively or as a group own and control a majority of the issued share capital or members' interest, and are able to control the majority of the members' vote; or is a subsidiary, as defined in section 1(e)of the Companies Act, 1973, of a juristic person who is a historically disadvantaged person by virtue of the provisions of paragraph (c)(i).
used as a verb, any operation or activity for the purposes of winning any mineral on, in or under the earth, water or any residue deposit, whether by underground or open working or otherwise and includes any operation or activity incidental thereto, in, on or under the relevant mining area.
registrar" means the Registrar of Deeds as defined in the Deed Registries Act, 1937 (Act No.
Amendment of section 3 of Act 28 of 2002 2.
"(b) in consultation with the Minister of Finance, [determine] prescribe and levy, any fee [or consideration] payable in terms of [any relevant Act of Parliament.] this Act."
"(4) The State royalty must be determined and levied by the Minister of Finance in terms of an Act of Parliament."
A prospecting right, mining right, exploration right or production right granted in terms of this Act and registered in terms of the Mining Titles Registration Act, 1967, as amended, is a limited real right in respect of the mineral or petroleum and the land to which such right relates.
(c) having [notifying and consulting with] notified in writing the landowner or lawful occupier of the land [in question] concerned of the date such holder will enter the land to which such right relates.
Amendment of section 9 of Act 28 of 2002 3.
Subject to subsection (2), a Regional Manager receives more than one application for a prospecting right, a mining right or a mining permit, as the case may be, in respect of the same mineral and land, such applications must be dealt with in order of receipt.
[(a)the same day must be regarded as having been received at the same time and must be dealt with in accordance with subsection different dates must be dealt with in order of receipt.
[date] and such applications were made by one or more historically disadvantaged persons and by one or more non-historically disadvan-taged persons, he or she must give preference to applications from historically disadvantaged persons; provided however that applications by historically disadvantaged persons shall among themselves in turn be dealt with in order of receipt.
Amendment of section 13 of Act 28 of 2002 4.
by the substitution for paragraph (c) in subsection (1) of the following paragraph: "(c) together with the prescribed non-refundable application fee."
Amendment of section 14 of Act 28 of 2002 5.
"(3) If the Minister refuses to grant a reconnaissance permission, the Minister must, within 30 days of the decision, notify the applicant in writing with reasons of such decision.".
Amendment of section 15 of Act 28 of 2002 6.
any exclusive right to apply for or be granted a prospecting right [or], mining right or mining permit in respect of the land to which such reconnaissance permission relates.
Amendment of section 16 of Act 28 of 2002 7.
"(3) If the application does not comply with the requirements of this section, the Regional Manager must reject the application and notify the applicant [of that fact] in writing within 14 days of the receipt of the application with reasons for such decision.
(4)(a) to submit an environmental plan, as prescribed, within 60 days of such notice; and to notify in writing and consult with the land owner or lawful occupier and any other affected [party] person and submit the result, in writing, of the consultation within 30 days from the date of the notice.
(5) If the submitted environmental management plan complies with all the requirements of the Act, the Regional Manager must accept the environmental management plan within 14 days of such date of compliance for consideration by the Minister in terms of section 39(4).
specify in such notice the period within which any application may be lodged [and the terms and conditions subject to which such rights may be granted] whereupon all the provisions of this Act, including subsection (1) to (5) of this section and section 17, but excluding section 9, shall apply to any application lodged pursuant to such invitation and to any prospecting right granted pursuant to any such application.
Amendment of section 17 of Act 28 of 2002 8.
by the substitution for the expression 'programme' in subsection (5) of the .-expression 'plan'; and by the substitution for the number '39' of the number '39(4)'.
Amendment of section 18 of Act 28 of 2002 9. Section 18 of the principal Act is hereby amended by the substitution for the expression 'programme' in paragraph (c) of subsection (2) of the expression 'plan'.
Amendment of section 19 of Act 28 of 2002 10.
by the substitution for the expression 'programme' in paragraph (e) of subsection (2) of the expression 'plan'.
required State royalties in respect of any mineral removed and disposed of during the course of prospecting operations.
keep proper records, at [its] &registered office or place of business of the holder, of reconnaissance or prospecting operations and the results and expenditure connected therewith, as well as borehole core data and core-log data, where appropriate; and submit progress reports and data, in the prescribed manner and at the prescribed intervals, to the Regional Manager regarding the reconnaissanceor prospecting operations.
Amendment of section 22 of Act 28 of 2002 12.
(3) If the application does not comply with the requirements of this section, the Regional Manager must reject the application and notify the applicant in writing [of that fact] within 14 days of the receipt of the application with reasons.
4 (a)to notify and consult with the land owner orlawful occupier and any other interested and affected persons and submit the result, in writing, of the consultation within 60 days from the date of the notice together with the scoping report as prescribed.
to conduct an environmental impact assessment and submit an environmental management programme, as prescribed, within 180 days from the date of the notice.
If the submitted environmental management programme complies with all the requirements of the Act, the Regional Manager must accept the environmental management programme within 14 days of such date of compliance for consideration by the Minister in terms of section 39(4).
specify in such notice the period within which any application may be lodged [and the terms and conditions subiect to which such rights may be granted] whereupon all the pro;isions of this Act, including subsection (1) to (4) of this section and 23, but excluding section 9, shall apply to any application lodged pursuant to such invitation and to any prospecting right granted pursuant to any such application.
Amendment of section 23 of Act 28 of 2002 13. Section 23 of the principal Act is hereby amended by the substitution for the expression 'all' of the expression 'any' in subsection (3).
Amendment of section 25 of Act 28 of 2002 14.
Amendment of section 26 of Act 28 of 2002 15.
The Minister may [initiate or prescribe incentives to] promote the beneficiation of minerals in the Republic.
(4) If the application does not comply with the requirements of this section, the Regional Manager must reject the application and notify the applicant in writing [of that fact] within 14 days of the receipt of the application with reasons.
by the substitution for the expression 'acceptance' in subsection (5) of the expression "receipt".
in subsection (6) of the following: the applicanthas the ability to comply with the relevant pr&isions of the Mine Health and Safety Act, 1996 (Act No.
must pay [the] any required State royalties.
"(1) The holder of a mining right or mining permit must, at [its] registered office or place of business of such holder, keep proper records of mining activities and proper financial records in connection with the mining activities"; and by the insertion after the word 'any' in subsection (2) of the word 'mineral'.
Amendment of section 31 of Act 28 of 2002 17. Section 3 1 of the principal Act is amended by the deletion of the words "must" where it occurs in paragraphs (a), (b) and (c) of subsection (1).
Amendment of section 32 of Act 28 of 2002 18. Section 32 of the principal Act is hereby amended by the substitution for the expression "programme" in subsection (3) of the expression "plan".
Amendment of section 33 of Act 28 of 2002 19.
result in the concentration of the mineral [in] under the [hands] control of the applicant.
Amendment of section 35 of Act 28 of 2002 20.
"(i) the prevailing market conditions, the effect thereof and the need to hold such retention permit [over] in respect of the mineral and land in question; and ".
Amendment of section 39 of Act 28 of 2002 21.
Amendment of section 40 of Act 28 of 2002 22.
submit comments within 60 days from the date on which the Minister, informs the relevant state department, in writing to do so [The Minister must request the head of a department being consulted, in writing, to 45 submit the comments of that department within 60 days from the date of the request.].
"(3) If any state department contemplated in subsection (1) objects to the contents of the environmental management plan or environmental management programme, the Minister must refer the objections to the Regional Mining Development and Environmental Committee to con-sider the objections and to advise the Minister thereon.".
Amendment of section 41 of Act 28 of 2002 23.
Any costs in respect of such Independent assessment must be borne by the holder of the prospecting, right, mining right, or mining, permit.
Amendment of section 44 of Act 28 of 2002 24.
"(2) The provision of subsection (1) does not apply to bona mining equipment, which may be removed lawfully."
Amendment of section 46 of Act 28 of 2002 25.
"(1) If the Minister [directs that measures contemplated in section 45 must be taken to prevent pollution or ecological degradation of the environment or to rehabilitate dangerous occurrences but] establishes that the holder of [the relevant] 2 reconnaissance permission, prospecting right, mining right, retention permit or mining permit, as the case may be or his or her successor in title is deceased or cannot be traced or in the case of a juristic person, has ceased to exist, has been liquidated or cannot be traced, the Minister may instruct the Regional Manager concerned to take the necessary measures to prevent [further] pollution or ecological degrading of the environment or to rehabilitate dangerous occurrences or to make an area safe.".
Amendment of section 47 of Act 28 of 2002 26.
Amendment of section 53 of Act 28 of 2002 27.
by the substitution for the expression 'town planning scheme' in paragraph @) of subsection (2) of the expression 'town'.
Amendment of section 74 of Act 28 of 2002 28.
"(3) If the application does not comply with the requirements of this section, the designated agency must reject the application and notify the applicant [of that fact] in writing within 14 days of the receipt of the application with reasons. [and return the application to the appli-cant]"; and by the substitution for the expression 'acceptance' in subsection (4) of the expression 'receipt'.
Amendment of section 76 of Act 28 of 2002 29.
and notify the applicant [of that fact] in writing within 14 days of the receipt of the application with reasons.
Amendment of section 79 of Act 28 of 2002 30.
(3) If the application does not comply with the requirements of this section, the designated agency must reject the application and notify the applicant [of that fact] in writing within 14 days of the receipt of the application with reasons.
by the substitution for the expression 'acceptance' in subsection (4) of the expression 'receipt'.
Amendment of section 83 of Act 28 of 2002 31.
Amendment of section 86 of Act 28 of 2002 32.
Amendment of section 98 of Act 28 of 2002 33. Section 98 of the principal Act is hereby amended by the deletion of paragraph (c).
Amendment of section 111 of Act 28 of 2002 34. Section 11 1 of the principal Act is hereby amended by the deletion of the word 'development'.
Amendment of item 1 of Schedule I1 of Act 28 of 2002 35.
by the insertion of the expression 'mynpachten' after the expression 'mining lease' in paragraph (iii).
by the substitution for the definition of 'OP26 mining lease' in subitem (vi)of the following definition".
those parts of the abovementioned prospecting lease OP26 which are held under Cessions 1/1999 and 1/2002 registered as such at the Mining Titles Office on 8 September 1999 and 30 September 2002 respectively.
Amendment of item 3 of Schedule I1 of Act 28 of 2002 36.
of the Minerals Act immediately before this Act took effect must be regarded as having been lodged in terms of section [13],g or 83 of this Act, as the case may be.
"(4) If the environmental management programme does not meet with the requirements of this Act, the Regional Manager in whose region the land to which the environmental management programme relates is situated must direct the holder concerned to submit the outstanding information within 60 or 180 days after such direction, as the case may be,".
Amendment of item 6 of Schedule I1 of Act 28 of 2002 37.
any old order prospecting right in force immediately before this Act took effect continues in force for a period ofl exceeding two years from the date on which this Act took effect, or the period for which it was granted, whichever period is the shortest. subject to the terms and conditions under which it was granted or issued or was deemed to have been granted or issued.
Amendment of item 7 of Schedule I1 of Act 28 of 2002 38.
any old order mining right in force immediately before this Act took effect continues in force for a period not exceeding five years from the date on which this Act took effect or the period for which it was granted, whichever period is the shortest. subject to the terms and conditions under which it was granted or issued or was deemed to have been granted or issued.
Amendment of item 8 of Schedule I1 of Act 28 of 2002 39.
<fn>GOV-ZA.27En.2012-02-10.en.txt</fn>
The Premier said although he was there to listen to young people's concerns it was important to note that most of those perpetuating the violence against foreign nationals were young people.
He said the perception that the government is paying more attention to foreigners was untrue. "Never before have there been so many opportunities for young people," he said.
<fn>GOV-ZA.27May2011En.2012-02-10.en.txt</fn>
The Cecilia Makiwane Hospital in Mdantsane dedicated Friday the 27th of May 2011 as Nurses Day of Prayer with the aim to revive the nursing profession.
This annual event was also a day to remember those nurses that have fallen, "We want to remind ourselves that we are human, we will get sick and eventually die one day," said Nursing Manager, Mrs Sixishe.
"We work under very strenuous conditions, we sometimes need to do away with boardrooms and be in more relaxed conditions", Sixishe said.
The day was also to remember basic nursing priorities such as cleanliness and attitude, "as CMH we are saying they must not be priorities but commandments for everybody here", said Mrs Moni who is the accident and trauma manager.
Acting CEO, Dr Kobus Kotze told the nurses that the reason for them to be part of CMH is simply for service not their own kingdom. "Instead of pointing fingers let us all be part of a solution", Dr Kotze said.
"I know for a fact that food and drugs are being stolen and we need to stop these thieves on their tracks", Kotze added.
<fn>GOV-ZA.27jan20051En.2012-02-10.en.txt</fn>
Questions about the capacity of Statistics SA to deliver data of consistent quality have been raised on a number of occasions recently.
Any assessment of organisational capacity must take account of at least two elements: quantity (the number of people retained to undertake the various activities that, when combined in the best possible manner, constitute the overall output of the institution); and quality (the qualifications, competence, knowledge and experience of those retained to do the job).
Stats SA has capacity constraints in both these areas.
Given the frequency and number of its statistical outputs, and the complexity of the data collection and dissemination cycle, it is understaffed.
In addition, there was a break with the past in 1994, when government departments redefined their roles and priorities, and began restaffing to reflect new policy and operational priorities (including increasing, as rapidly as possible, the representation of those historically disadvantaged and excluded from statistical production).
This had the necessary consequence of breaking continuity in terms of experience and institutional knowledge, with people less experienced having to learn rapidly "on the job" rather than following a leisurely and predictable progression up the departmental ladder over decades.
The neglect of statistics in general, and official statistics in particular, at most South African tertiary institutions; and competition from the private sector for qualified, skilled and experienced staff who are statistically and economically literate, and it is hardly surprising that Stats SA faces capacity constraints.
However, the consequences of these constraints have to be measured carefully against the quality and quantity of Stats SA's regular output.
Is the department, as some have suggested, "accident prone", or do the greater majority of statistical outputs appear regularly, on time, and without error?
A distinction must be made between error and a regular and planned cycle of revision and change.
Last week's release of manufacturing data contained an error, a miscalculation based on mistaken exclusion of data that had been collected.
The development of a new business register, resulting in better coverage of activity, and a consequent revision of previous data, was not an error. It involved improvement in data quality based on a number of years of planning and implementation.
Reweighting, rebasing and benchmarking of gross domestic product (GDP), which occurred during 2004, was part of the ordinary statistical cycle.
Revision of GDP estimates is a routine part of national accounting, while the international standard South Africa adheres to (the UN system of national accounts) requires national accounts estimates to be benchmarked frequently.
A Swedish report referred to in a recent paper by Len Cook, the national statistician and head of the British Office of National Statistics, makes mention of GDP revisions in 11 countries over a period of nearly 20 years - a powerful indication of the routine nature of statistical revision.
During 2004, Stats SA released about 230 separate statistical products, presenting information on hundreds of indices and sub-indices, and thousands of data items, often presented at different levels of geography.
Much of this data is derived from surveys, while some is the result of consolidation and analysis and, to a lesser extent, administrative records.
Output involves an average of one separate release each working day. Some of these statistical releases appear every month, 12 times a year (consumer and producer price indices, manufacturing data, and retail and wholesale trade figures, for example).
This necessitates conducting a survey every month, then capturing, editing and analysing that data, and publishing the results every month. Others are quarterly, such as GDP. Some releases appear only once a year.
The production load places tremendous strain on Stats SA's capacity, both in terms of the number of people available to undertake all elements of the complex statistical cycle, and their knowledge and experience.
Yet very few of the products released in 2004 contained errors. And those errors were usually at the level of a single data item or subindex, as in the well-known cases of November's error in manufacturing, and miscalculation of the rental component of the consumer price index.
Mistakes have certainly been made. These have been acknowledged and corrected.
They are unlikely to be the last ones identified. Capacity constraints, when an average of one data product, containing dozens of separate indices, subindices and data items, is being released each working day, create an omnipresent danger of error.
Transforming statistical production to meet the priorities and requirements of a new social order is sometimes like traversing an old minefield, left over from previous battles. Few know where the mines are laid. Sometimes, we do not even know what sort of mines they are, or what pressure will cause them to detonate.
However, if we do not take the risks necessary, and face the mistakes these might lead to, we will never clear the minefield, nor reach the other side.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, contact user services on (012) 310-8600.
<fn>GOV-ZA.27july20061En.2012-02-10.en.txt</fn>
This column has previously explored how a sample survey can deliver small-area statistics in the years between each population census and how Statistics SA's community survey aims to do this.
Sample design is central to any survey, as is the information that the survey aims to deliver. In planning what data items the community survey should gather, a range of requirements had to be taken into account. These included the government's developmental priorities; measurement of millennium development goal (MDG) indicators; data required for municipal budget allocation; and ongoing analysis undertaken by the research community.
Ten stakeholder workshops were held across the country, involving more than 360 stakeholders, predominantly drawn from government departments, and research and educational institutions.
Based on the outcomes of this and other consultative processes, the community survey will, in addition to key demographic indicators such as fertility, mortality and migration, generate some of the key indicators that the government prioritised in its 10-year review document. It will also generate some of the variables required for budget allocation to municipalities, as well as some of the UN's MDG indicators.
Whether anybody in the household has died in the 12 months prior to the survey and, if so, sex and age of the deceased and cause of death.
Questions will also be asked about school attendance, level and field of education, and participation in the expanded public works programme.
Access to different modes of communication.
The community survey, planned for February 2007, is the largest sample survey undertaken in the history of household surveys in South Africa. The logistics and planning are complex, the budget required is substantial. The statistical methodologies employed are cutting edge, especially in sample design. The survey will provide reliable social, economic and demographic information attached to each of the municipalities.
<fn>GOV-ZA.27may20041En.2012-02-10.en.txt</fn>
This week, Statistics SA releases key information, which will assist MPs and policy makers, economists and financiers, entrepreneurs and investors, and citizens exercise their democratic rights to information to assess progress and change in society.
In the first key indicator, released on Tuesday, Stats SA reported that the seasonally adjusted gross domestic product (GDP) at market prices for the first quarter of 2004, compared with the fourth quarter of 2003, increased by an annualised rate of 3.1 percent.
The corresponding increases for the respective quarters of 2003 were 0.9 percent, 0.5 percent, 1.1 percent and 1.3 percent, yielding an annual growth rate of 1.9 percent in real GDP at market prices for 2003.
The main contributors to the increase in economic activity for the first quarter of 2004 were the finance, real estate and business services industry sectors (0.7 percentage point); the transport and communication industry (0.6 percentage point); the manufacturing industry (0.5 percentage point) and the wholesale and retail trade, hotels and restaurants industry (0.4 percentage point).
Some commentators had predicted that Stats SA's new series of monthly manufacturing statistics, published last week, would impact on the GDP.
This was because the improved and expanded coverage of the manufacturing sector through the new business register indicated that the level of manufacturing sales for 2003 was approximately 17 percent higher than had been reflected in the old series.
However, these improvements in the measurement of the economy will not affect the growth rates of GDP in the short run, and the higher level of economic activity in the manufacturing industry is not incorporated in the current estimates of national accounts.
The rebasing and benchmarking of national accounts statistics, which will be published in November, will provide the opportunity to incorporate the changes in the levels of the recently published economic statistics.
The second key economic indicator, which was released yesterday, reported on trends in consumer inflation: The official inflation rate, also known as headline inflation (the percentage change in the consumer price index for metropolitan areas at April 2004 compared with that at April 2003) is 0.2 percent.
2 of a percentage point lower than the corresponding annual rate of 0.4 percent at March this year.
The annual percentage change in the CPIX for metropolitan and other urban areas, which is the CPI excluding interest rates on mortgage bonds, and is used as the measurement for inflation targets, is 4.4 percent as at April this year. This rate is the same as the corresponding annual rate at March.
The annual rate of increase in food prices is 2.7 percent as at April, 0.4 of a percentage point lower than the corresponding annual rate of 3.1 percent at March 2004.
Today, Stats SA reports on producer price inflation (PPI). The CPI and PPI measure change in the rate of inflation at different points in the total cycle of production, distribution and sale of goods and services.
While the CPI is an index charting changes in the prices paid by consumers, the PPI measures changes in the production price of locally produced commodities (regardless of whether these are sold locally or exported) as well as for imported commodities.
Later today, Stats SA will release the results of its second general household survey (GHS), which was conducted in July last year. This survey collects information on subjects such as education, health, the labour market, births, access to services and facilities, the environment and quality of life. The report aims specifically at providing national and, where possible, provincial indicators on living conditions such as access to services and facilities, education and health. It also draws comparisons between the 2002 and 2003 data gathered.
The GHS reports on topics such as the estimated population by province, the proportion of people in each population group with medical aid cover, and labour market patterns, according to both the official and expanded definitions of unemployment.
One of the purposes of the GHS is to measure development indicators in the country by looking at the type of dwellings in which households live, and access to infrastructure such as piped water, electricity, hygienic toilet facilities, refuse removal and telephones, as well as the the impact and performance of various government programmes and projects.
<fn>GOV-ZA.27october20051En.2012-02-10.en.txt</fn>
The publication of consumer inflation figures by Statistics SA yesterday included a new addition: a consumer price index (CPI) for administered and regulated prices.
An administered price is defined as the price of a product or service that is set consciously by an individual producer or group of producers, and/or can be determined or influenced by the government, without reference to market forces.
Regulated prices are those administered prices that are monitored and controlled by government policy. Administered price inflation at September (that is, the CPI for administered prices in the historical metropolitan areas at September 2005 compared with that at September 2004) was 11.8 percent.
This was 0.5 percentage points lower than the annual rate of 12.3 percent at August. The annual administered price CPIX at September (that is the CPI excluding mortgages for administered prices at September 2005 compared with September 2004) rose at a rate of 10.3 percent. This rate was 0.9 percentage points lower than the rate of 11.2 percent at August.
Specialist users of statistics often require considerably more detail than generalists who use statistics for a broad understanding of the issues of the day.
Indices measuring inflation, or changes in prices, provide a good example of this distinction. Monthly data collected on consumer prices allow for the calculation of a number of indices.
The CPIX, which is the CPI excluding the interest rate on mortgage bonds, for the historical metropolitan and other urban areas.
Various price indices for different geographical areas. It is sometimes difficult for non-specialists to interpret the importance and relevance of this wide range of indices and the significance of differences between them.
For this reason, Stats SA tends to emphasise certain price indices over others, at least in its high-level or executive summaries.
One of the core price indicators is the official inflation rate, which is also known as headline inflation. This records the percentage change in CPI for the historical metropolitan areas from one period to another.
As at September, headline inflation was 4.4 percent (that is, the difference between CPI in urban areas at September 2005 and at September 2004). From August to September, there was an increase of 0.4 percent in the CPI. An increase in the price indices for transport was the most significant factor in this.
A second key indicator is the annual percentage change in the CPIX, which is the CPI excluding the interest rate on mortgage bonds, for the historical metropolitan and other urban areas.
The Reserve Bank's inflation target is to keep the annual rise in CPIX between 3 percent and 6 percent. As at September, this was reported at 4.7 percent, when compared with September 2004.
A third important indicator is food inflation, or the annual rate of increase in food prices for the historical metropolitan areas. This was 3.4 percent at September (that is, the CPI for food at September 2005 compared with that at September 2004), which is 0.8 percentage points higher than the corresponding annual rate of 2.6 percent at August.
The inflation rate for rural areas was lower than official or headline inflation, coming in at 3.2 percent at September (that is, the rural CPI at September 2005 compared with that at September 2004), 0.1 percentage points lower than the corresponding annual rate of 3.3 percent at August.
For the total country, the CPI at September was 4 percent higher than at September 2004, or 0.3 percentage points higher than the corresponding annual rate of 3.7 percent at August.
Economic measurement lies at the centre of most current debates on national policy: growth, job creation, social grants, poverty alleviation, interest rates and currency levels.
While policy specialists and economic analysts often work with a wide range of indices and measures, non-specialists necessarily focus on a narrow but consistent range of indicators to inform them about development and change in the economy.
<fn>GOV-ZA.27september20071En.2012-02-10.en.txt</fn>
Former British prime minister Harold Wilson said: "A week is a long time in politics." In statistics, just two days can seem even longer - as demonstrated yesterday and today.
Over these two days, Statistics SA has released data enabling in-depth analysis of the economy, the labour market and the financial performance of local and provincial governments as well as the private sector.
Wilson also said: "One man's wage rise is another man's price increase." The August 2007 consumer price index (CPI) and production price index (PPI), released yesterday and today, respectively, demonstrate the relevance of this statement.
Consumer inflation is measured in different ways for different areas. Headline inflation is reported on for various urban areas, rural areas and the total country. The consumer price index excluding interest on mortgage bonds (CPIX), which the Reserve Bank uses to monitor its inflation targets, is reported on for the same areas, as is core inflation (which excludes certain items from the CPI on the grounds that price changes are the result of policy).
According to yesterday's release, the headline CPI annual inflation rate last month was 6.7 percent, or 30 basis points lower than in July, year on year. The annual change in CPIX was 6.3 percent, or 20 basis points lower than in July.
PPI is reported on for all commodities for consumption in South Africa. This is broken down into the rate of change for locally produced commodities and imported commodities. PPI data for August 2007 is due for release today.
The annual percentage change involves the change in the index of the relevant month compared with the index of the same month in the previous year, expressed as a percentage. This percentage is generally accepted as the yardstick of PPI inflation.
A range of financial statistics for provincial government, local government and the private sector was also due for release this week.
The quarterly financial statistics survey for the three months to June 2007, due for publication today, covers a sample of private sector, non-agricultural businesses: mining and quarrying, manufacturing, electricity, gas and water supply, construction, trade, transport, storage and communication, real estate and other business services (excluding financial intermediation and insurance) and community, social and personal services (excluding government institutions).
Financial statistics of provincial government for the 2005/06 financial year was released yesterday. For the first time, this release includes comparative figures of the previous year for cash receipts and payments for operating activities, purchases of non-financial assets and cash flows from sales of non-financial assets.
Local government finance is of particular importance, given that this is the tier of government responsible for service delivery. Today's release contains municipalities data for the quarters to June 2006, March 2007 and June 2007.
The survey is designed to obtain financial information of local government institutions relating to the consolidated balance sheet; the income statement and appropriations for rates and general services, and housing and trading services. The key findings include data on purchases and sales of water, electricity and gas, and changes in fixed assets.
Stats SA yesterday released the results of the latest labour force survey (LFS) and quarterly employment survey (QES): the statistical heart of employment creation and unemployment rates.
The basic difference between the two surveys lies in their objectives, concepts and definitions used, and the methods of data collection.
The QES is based on information from employer payroll records and is primarily aimed at tracking the demand for labour in the different sectors. The LFS is a household survey about the supply of labour.
The LFS provides the best overall measure of employment in both formal and informal sectors. The value of the QES lies in its industrial dissection of formal sector trends.
At core, the LFS measures labour supply, the contribution of labour to household income, and unemployment rates; the QES measures labour costs and changes in the demand for labour.
The LFS provides estimates of the level of employment and unemployment in both formal and informal sectors, nationally and provincially. The QES provides estimates of the industry composition of employment trends, to assess where in the economy employment is growing. It provides average monthly earnings data to determine trends in remuneration, as well as an input calculation of employee remuneration in the national accounts.
Analysis of the data released yesterday and today will occupy analysts, policy makers and commentators for some time, as many burning socioeconomic issues are dissected, and as the new data is brought to the centre of informed debate, contestation and evaluation.
<fn>GOV-ZA.27strategicobjectivesEn.2012-02-10.en.txt</fn>
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>The Chief of the SA National Defence Force, General Godfrey Ngwenya, regrets to announce the sudden passing on of the Chief Director of Force Preparation of the South African Military Health Service, Major General Abraham Jacobus Landman (58) on Wednesday 21 October 2009 in 1 Military Hospital, Tshwane after a sickbed.>Major General Landman joined the Military Health Service in 1977 after the completion of his Bachelor of Dental Surgery degree.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=5141&tid=5286 Size: 1KB Collection: speeches_cm?
Correctional Services Deputy Minister Loretta Jacobus appealed to the Upington community to accept rehabilitated ex-offenders back into the society for sustainable social re-integration and reduction of re-offending.
URL: http://www.info.gov.za/speeches/2007/07102616151001.
URL: http://www.info.gov.za/speeches/2009/09031915151001.
URL: http://www.info.gov.za/speeches/2006/06081711451004.
For example, the Department of Correctional Service and the President's Award for Youth Empowerment Programme are currently engaged in skills training initiatives involving over 2000 inmates from 65 correctional centres around the country.
<fn>GOV-ZA.28062004En.2012-02-10.en.txt</fn>
The minister for Safety and Security has announced that the Firearms Control legislation will be implemented on 1 July 2004.
Since the announcement, many rumours have surfaced regarding the implementation of the Firearms Control legislation. These rumours have led to false and misleading information being published in the media.
The South African Police Service has been preparing for the implementation of the Firearms Control Act and Regulations and I am convinced that we are able and ready to implement the Act. The preparation for the implementation included the establishment of a structure for Designated Firearms Officers, the appointment and training of theses officers and equipping the offices with technology and other resources to deal with all aspects relating to the licencing of firearms. We have started with the accreditation of training institutions and shooting ranges, hunting associations, official institutions, and other businesses.
I want to set the record straight by providing the correct information on the implementation of the Firearms Control legislation.
All licences, permits and authorisations issued to possess a firearm in terms of the Arms and Ammunition Act that are valid on 30 June 2004 will remain valid until they are renewed in terms of the Firearms Control Act, 2000 unless they are withdrawn for any legal reason.
All applications for a firearm licence and all appeals received up to 30 June 2004 in terms of the Arms and Ammunition Act will still be processed.
Persons who are in possession of more that 200 rounds of ammunition on 30 June do not have to fear prosecution, as this limitation is only applicable to firearms licensed in terms of the Firearms Control Act. It does not apply to firearms that are licensed in terms of the Arms and Ammunition Act. However, we do recommend that firearm owners start to prepare to be in line with the provisions of the Act.
From 1 July this year all new applications for a firearm licence will be evaluated in terms of the provisions of the Firearms Control Act and Regulations. Every person who applies for a firearm licence will have to obtain a competency certificate, the person must first complete a basic training course at an accredited training institution, after which the SAPS will complete a background assessment and issue a competency certificate to a successful applicant. A competency certificate will be valid for a period of five years from the date of issue.
In terms of the Firearms Control Act, 2000, all existing firearm licences will have to be renewed. The South African Police Service will call up persons to renew their firearm licences that were issued in terms of the Arms and Ammunition Act by end of 2004.
All institutions that own firearms, including security service providers, will be called up to renew their firearm licences from 1 July 2006 to 31 December 2006.
When the company obtains a firearm licence in terms of the Firearms Control Act, 2000 or when the current firearms are renewed in terms of the Firearms Control Act, the firearm may only be issued to an employee who is in possession of a competency certificate.
The renewal process will be preceded by a comprehensive communication drive. Firearm owners are encouraged to obtain the correct information from the SAPS.
I want to ensure all that the South African Police Service is fully capable to implement the Firearms Control Act, 2000 and that we aim to provide the best service possible.
Anyone who needs more information on the Act is invited to contact the appointed Designated Firearms Officer or direct the inquiry to our firearms call centre during office hours at Tel (012) 353-6111 or e-mail firearms@saps.org.
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<fn>GOV-ZA.2807En.2012-02-10.en.txt</fn>
The draft liquor control policy, which recently caused an outcry from liquor sellers, is not intended to stifle business during the Soccer World Cup.
<fn>GOV-ZA.28082009En.2012-02-10.en.txt</fn>
The Department of Agriculture will hand over about 400 laptops and cell phones to its extension and advisory services officials in a bid to improve their communications methods.
The handover will take place during the last day of the Extension Indaba which kicks off today (11 February 2009) in East London where provincial extension and advisory officials will gather to craft ways to improve their image and capacity with special emphasis on professionalism.
The Indaba comes in the wake of the launch of an extension and advisory services recovery plan, which has recruitment, training and capacitating, salary adjustments and information and communications technology (ICT) skills and resources as its pillars.
The laptops and cell phones will enable these officials to communicate and capture data while they are on the field and be able to provide farmers with immediate answers thereby minimising the risks of livestock or plant losses in event of breakouts.
Immunisering versterk jou kind se immuunstelsel om kieme te beveg wat siektes soos polio, masels, hepatitis B, tering (TB) en meningitis kan veroorsaak.
Vul 'n vorm of kaart in tydens jou eerste besoek aan die kliniek. Vorige besoekers moet hulle kaarte saamneem.
<fn>GOV-ZA.28092009En.2012-02-10.en.txt</fn>
Mpumalanga Community Safety, Security and Liaison MEC, Ms Sibongile Manana urged police in Mpumalanga to refrain from tampering with crime information, including statistics at their stations so that their performance could look good when they are reviewed.
Manana was responding to allegations that some police officers do not give case numbers and other relevant information to complainants.
She also urged the community to ensure that when they open cases they do not leave the station without getting case numbers. She said it was their constitutional right to be given sufficient information by the police regarding their cases.
Manana has appealed to police stations to ensure that they report crime incidences accurately because falsifying or interfering with crime information could make government not to plan accordingly and allocate resources appropriately.
"The police must record crime incidents correctly, because without correct information about the extent of the problem of crime, Government cannot plan appropriately," said Manana.
She appealed to the police to ensure that when they recruit reservists, they also include both farmers and their workers. She said farm workers must participate like all other citizens of the country as they are also affected by crime.
MEC Manana urged the management of police stations to strengthen sector policing so that the farming communities are able to participate in their programmes.
Community members of Phola Township in Ogies told the MEC that they wanted their own police station because the Ogies Police Station is far from them and when they needed assistance, the police were unable to respond immediately.
They also complained that police constantly loose dockets and they are not providing feedback to the complainants on progress of their cases.
Farm dwellers have also complained that police look down upon them and are treating them like second class citizens.
It was also alleged that police in the area are not responding timeously to crime scenes, when called they complain that they do not have transport.
Responding to the allegations from community members, police provincial crime investigations Head, Director Tony Gama said that police officers should work and stop colluding with criminals, and those who do not want to work should leave the service.
Gama called on the community to report any wrong doing on the part of the police so that the office of the provincial commissioner could take appropriate steps against officials not doing their work.
<fn>GOV-ZA.28092010En.2012-02-10.en.txt</fn>
Government will hold a series of media briefings on the signing of Delivery Agreements from the 29th of September until October 2010. The briefings will highlight the content and significance of the Delivery Agreements and articulate programmes and projects to support their implementation.
<fn>GOV-ZA.281120101En.2012-02-10.en.txt</fn>
Mpumalanga is intending to conduct roadblocks aimed at arresting police officers who will be found misusing state vehicles or driving them without permits.
Mpumalanga Safety, Security and Liaison MEC Vusi Shongwe made the announcement on Friday at a hand-over ceremony of 79 new police vehicles to various police stations.
Shongwe said he was aware that communities complain that the shortage of police vehicles at the stations were due to misuse by some officers who utilised them to do their private things.
People are raising genuine concerns out there. It is true that some officers are corrupt and misuse police vehicles by visiting their girlfriends, ferry people or transport illegal goods using these vehicles.
From now on, we will ensure that every police vehicle on the road is properly dispatched and occupants are authorised to be in those vehicles.
"Anyone who will be found to be on the wrong side of the law will be subjected to appropriate disciplinary action. We cannot tolerate ill-disciplined officers; they will all be flushed out of the system. We rather have few good officers instead of the huge number of ineffective police officers," said MEC Shongwe.
The MEC explained that it was the responsibility of police officers to ensure that their credibility is demonstrated to the public. He said they needed to use the vehicles as if they owned them because the community will be playing the watch-dog role.
"Keep these vehicles new, I do not want to see scratches, these are your working tools, they are yours," he said.
Speaking at the same event, Community Policing Forum Provincial Chairperson, Mr Mandla Mphuti appreciated Mpumalanga SAPS management saying the tools will enhance police visibility in the communities.
Mphuti added that there would be no excuses from the police for not attending to crime scenes.
He emphasised that the officers who will be utilising the vehicles be trained for advanced driving in order for the vehicles to remain in good condition.
According to the Provincial Commissioner, Lieutenant General Thulani Ntobela, the 79 vehicles handed over on Friday is still the first batch. More vehicles will be delivered in due course to further enhance policing in the province.
<fn>GOV-ZA.28112010En.2012-02-10.en.txt</fn>
Barely two days after the launch of the 16 Days of Activism for No Violence Against Women and Children campaign, Mpumalanga Safety, Security and Liaison MEC Vusi Shongwe has contributed towards its success by assisting the police arrest a rape victim.
The suspect was arrested on Saturday when the MEC visited Mzinoni Township outside Bethal. When the police and the MEC arrived at a local tavern to interact with the community, many people ran away and the suspect tried to hide thinking that they could not recognise him.
The police quickly arrested and sent him to Mzinoni Police Station.
The police are happy with this arrest; they say they have done a two-month work in two hours. The arrest is a success in terms of the campaign of no violence against women and children. We are sending a strong message that criminals have no place in Mpumalanga.
"This suspect has been abusing its victims mentally because he had been on the run. With his arrest we want the victims to have a peace of mind knowing that he is behind bars. We are serious when we say we want our people to fear no human being but the mosquitoes," said MEC Shongwe.
Besides the arrest of the rape suspect, the stop and search operations conducted on Friday night at Bethal managed to find a deserted gun after the owner also ran away upon the arrival of the police.
Three huge bags of dagga were also found in one of the vehicles searched by the police.
A drunk-woman was chased away by the police after she was found at a tavern with an eight-year old child. She claimed the child was 'taking care' of her at the tavern as she showed her the way back home when she is drunk.
The MEC said such women did not do justice to other women who wanted respect from abusive men.
"Both the woman and her child are in danger of being abused when they go home. It does not make sense why is she careless about her life," said MEC Shongwe.
<fn>GOV-ZA.2811En.2012-02-10.en.txt</fn>
Gauteng Premier Nomvula Mokonyane has called on the province's people to work together with the government in ensuring that guests arriving for the 2010 FIFA World Cup spectacle have a pleasant stay.
<fn>GOV-ZA.28137En.2012-02-10.en.txt</fn>
International Trade Administration Amendment Bill, is hereby published for public comment.
Written comments must be received no later that 04 November 2005.
(As introduced in the National Assembly as a section explanatory summary of Bill published in Government Gazefte No.
To amend the International Trade Administration Act, 2002, so as to provide for the -.
9 by the substitution for the definition of "safeguard measure"of the following definition: "safeguard measure" means a remedy tor DrOCedurd for use in response to disruptive competition.".
Amendment of section 4 of Act 710f 2002 2. Section 4 of the principal Act is hereby amended by the deletion in subsection (7) of paragraph (a).
Amendment of section 10 of Act 71of 2002 3. Section 10of the principal Act is hereby amended by the substitution for subsection (3)of the following subsection: "(3) A member of the Commission must comply with [any prescribed] g code of conduct For members] adopted by the Commission .".
Amendment of section 12 of Act 71 of 2002 4.
Three members of the Commission present at a meeting of the Commission [forms] form a quorum.
Amendment of section I5 of Act 71 of 2002 5.
any of its functions interms of subsection (4).
the person or committee to whom the function on the execution of that function.
Amendment of section 16of Act 71 of 2002 6.
"(c) applications interms of section 26 with regard to amendment of customs duties and creation or amendment of rebate Drovisions in the Common Customs Area; and. ".
Amendment of section 24 of Act 71 of 2002 7.
bv the Auditor-General must each year audit the financial records of the Commission.
Amendment ofsection 26 of Act 71 of 2002 8.
A person may, in the Iprescribeq apply to the Commission for -m.
"(e) an amendment of Schedule 3.4 or 5 to the Customs and ExciseAct. 1964 (Act No. 91 of 19641.".
Amendment of section 31 of Act 71 of 2002 9.
an am lication for a customs duty amendment received by that member state and to make recommendations on the matter to the tariff board or the relevant national body.
"(i) the comparable price paid or payable in the ordinary come of trade for like goods intended for consumption in the exporting country or country of origin sold bv the exporter. or. ifthe like croods the exporter. bv another seller or seller of the like aoods or; ".
"(bb)the highest comparable price of the like product when exported Po an appropriate third or surrogate country as long as that price is representative bv the exporting country or the countw of onain to an appropriate third countrv:".
(4) If the Commission, when evaluating an application concerning dumping, concludes that [the normal value of the goods in question is, as a result of government intervention in the exporting country or country of origin, not determined according to free market principles, the Commission may apply to those goods a normal value of the goods, established in respect of a third or surrogate country] a r>articular market situation makes the determination of the normal value as inappropriate.
the normal value determined for a third or surroaate any other reasonable basis.
may when evaluating an application concerning dumping that meets the criteria set out in subsection determine the export price for the goods in question on the basis of the price at which the imported goods are first resold to an independent buyer, if applicable, or on any reasonable basis.
duty shall expire from the date of the Dublication of the final determination: or b five years from the conclusion of the most recent review which has covered both d umpinq unless it is determined in a review that the expiry would Drobablv result in a continuation or recurrence of dumDina.
3 continuation or recurrence of dumDinQ.
subsidisation initiated before the expiry of the aforesaid Period of five vears and the review has not been concluded before such expirv.
the outcome of such a review.
The need for the continued imposition of anti-dumpina be reviewed, where iustified. on the initiative of the Commission.
duty, upon a request bv any exporter.
producers which contains sufficient evidence of the chanaed circumstances substantiatina the need for such an interim review.
A review may be carried or subsidisation for new exporters in an exportinq reviews where no exports to SACU took place durina the period of investiqation.
Where the Minister, on the recommendation of the Commission.
Amendment of section 33 of Act 71 of 2002 11.
The Commission may disreaard any information for which the p it fails to provide either a satisfactow written abstract or satisfactow reasons whv such abstract can not be provided.
Repeal of section 34,35,36 and 37 of Act 71 of 2002 12. Sections 34,35,36 and 37of the principal Act are hereby repealed.
shall be afforded an opportunitv to comment on the matter.
Insertion in section 54 of Act 71 of 2002 14.
or other person without havinq reasonable cause for believing at the time of such acauisition or receipt that such goods were lawfully imported into the Republic.
above. in the absence of evidence to the contrarv raising reasonable doubt, proof of possession shall be sufficient evidence of the absence of reasonable cause.
Dart such aoods shall be deemed to be abandoned and forfeited to the State.
in contravention of this-Aet.
the continued-possession of such aoods will be unlawful.
<fn>GOV-ZA.2813En.2012-02-10.en.txt</fn>
The Local Organising Committee says plans to deploy medical response personnel on frequently used routes during the 2010 Fifa World Cup starting in June are underway.
<fn>GOV-ZA.28160En.2012-02-10.en.txt</fn>
Second Hand Goods Bill, 2005 is hereby published for general information and comment from interested parties.
To regulate the business of pawnbrokers and dealers in second-hand goods, to limit the trade in stolen goods, to promote ethical standards in the second-hand goods trade, and to provide for matters incidental thereto.
Imposition, limitation or variation of conditions by the National Commissioner IO.
"certificate" means a certificate of registration referred to in this Act together with all conditions, amendments and endorsements; "charity" means any business carried on by a charitable, religious, educational, cultural or agricultural association, organization or institution of a public nature, if all profits derived fom the business are devoted entirely to the purpose of that or any other such association, organization or institution?
Corporations Act, 1984 (Act No.
Control Act, 2000 (Act No.
lends money upon goods, wares or merchandise pledged, stored or deposited as collateral security; or a partnership; or carries on a business of taking goods in pawn.
Police Service Act, 1995 (Act No.
"previous Act" means the Second-Hand Goods Act, 1955 (Act No.
"Subscriber Identity Module" means an independent, electronically activated device designed for use in conjunction with the use of mobile communication equipment to enable the user of the equipment to receive and transmit indirect communications by providing access to telecommunication systems and enabling such telecommunication systems to identify the particular subscriber identity module and its installed information.
Every person who engages in business as a second-hand dealer must be registered unless the person is exempted in terms of this Act.
A person other than a natural person may not be registered unless a natural person, who is not disqualified in terms of this Act to be registered, is appointed to manage and be responsible for its business.
A person managing and responsible for a business to which registration relate, is subject to the same obligations and liabilities as the registered dealer.
An application for registration must be made to the National Commissioner and must be accompanied by the prescribed documents.
The National Commissioner may require the applicant to provide further information necessary for the processing of the application.
If an applicant intends to conduct business from more than one premises, or where goods are stored on additional premises, such applicant must apply for registration for each of the premises.
The National Commissioner must, after consideration of the application and upon being satisfied that the applicant complies with all the requirements, register the applicant as a dealer.
if the individual is in partnership, the full name and identity number of every partner in the partnership; and any other prescribed information.
any other prescribed information.
The National Commissioner may require any natural person involved in the management of the applicant, including the person appointed in terms of section 2(2), to furnish all or any of the prescribed information and particulars including any fingerprint, palm-print or footprint.
If the National Commissioner is not satisfied that all the requirements for an application have been met, he or she must refuse the application and inform the applicant accordingly.
If the National Commissioner refuses a person's application for registration, such person is not entitled to lodge another application for registration within 12 months after the refusal or outcome ofthe appeal, whatever the case may be.
If the National Commissioner is satisfied that there are special circumstances in a particular case, he or she may permit a person to lodge a written application within 12 months after the refusal.
on the premises specified on the certificate; and subject to such conditions that he or she may deem necessary.
If a person other than a natural person carries on business as a dealer, the certificate must be issued in the name of the person appointed in terms of section 2(2).
Registration does not exempt a dealer from the requirements of any other legislation.
Registration remains valid for a period of five years from the date the certificate was issued.
When any information contained in the application for registration changes, an application must immediately be made to the National Commissioner in the prescribed manner for amendment of the certificate of registration.
The National Commissioner must, after consideration of the application and upon being satisfied that the applicant complies with all the requirements, amend the certificate of registration.
the classes of goods; or the physical address of the relevant business premises he or she may impose, limit or vary any or all of the conditions of registration.
give the dealer 30 days to submit written representations as to why the National Commissioner should not make the intended decision; and duly consider any such representations.
The National Commissioner must notify the dealer in writing of any decision taken under this section, state the reasons for and the date on which the decision takes effect.
Upon receipt of the amended certificate, the dealer must immediately hand all previous certificates relating to the registration to the police official handing over the amended certificate.
in the event of the dealer becoming unable to carry on business in terms of this or any other Act; or upon deregistration.
failed or fails to comply with any of the provisions of this Act; or did not or no longer qualifies to be registered, he or she must give notice to the dealer of his or her intention to deregister such dealer.
give the dealer 30 days to submit written representations as to why he or she should not be deregistered; and duly consider any such representations.
The National Commissioner must notify the dealer in writing of any decision taken under this section, state the reasons for and the date on which deregistration takes effect.
Upon receipt of the notice of deregistration, the dealer must immediately hand all certificates relating to the registration to the police official serving the notice.
A registered dealer who intends to renew registration must apply to the National Commissioner for renewal at least 90 days before the date of termination of registration.
An application for renewal of registration must be made to the National Commissioner in the prescribed manner as if it were a new application in terms of section 4 or 5.
An application for the renewal of registration may only be granted if the dealer shows that he or she has continued to comply with the requirements of registration in terms of this Act.
If an application for the renewal of registration has been lodged within the period provided for in subsection (I), registration remains valid until the application is decided.
A certificate issued in terms of this Act, may not be transferred.
another registered dealer; or the executor, trustee or other administrator of the estate of such dealer.
The certificate of the dealer transfemng the business must be surrendered to the National Commissioner upon issue of the new certificate.
for such period as he or she may determine; and subject to the conditions imposed by him or her.
is not complied with.
or (c); or any person who by reason of other legislation, may not carry on a business.
is a partner in a partnership; or is the main beneficiary under a trust, that company, corporation, partnership or trust may not be registered.
"preceding" means preceding the date of the application concerned.
the disqualified person applies in the prescribed manner for condonation; and the National Commissioner is of the opinion that the disqualification does not render the person unsuitable to be registered as a dealer; or the sentence has been set aside by a competent court or such a person has received a grant of amnesty or a free pardon.
Where a certificate has been issued in terms of this Act, the certificate must be displayed in a place clearly visible to the public, on each of the premises for which the certificate has been issued.
Where a certificate has been issued in terms of this Act, the certificate must be maintained in such a state that it can be produced undamaged and in a legible condition.
and advise the National Commissioner, when requested to do so, on indus;ry standards and technological developments in the industry which may affect the application of this Act.
The National Commissioner may accredit a dealers' association in accordance with such regulations as may be prescribed.
Separate sets of criteria in respect of the accreditation ofdifferent types of associations, which the National Commissioner must apply when issuing an accreditation, may be prescribed.
capacity to perform the relevant functions in terms of this Act; and capacity to advance the purposes of this Act.
association and notify the association accordingly in writing.
If the National Commissioner refuses to accredit a dealers' association, that association is not entitled to be accredited within 12 months after the refusal, unless the dealers' association can satisfy the National Commissioner that the reasons for refusal to accredit do no longer exist.
The National Commissioner may cancel an accreditation if there is non-compliance with any criterion for accreditation.
given the dealers' association 30 days' notice in writing to submit written representations as to why the National Commissioner should not cancel accreditation; and duly considered any representations received, and all the facts pertaining to the matter.
The National Commissioner must notify the dealers' association in writing of any decision taken under this section.
keep a register of all members in the prescribed format; and submit an annual report to the National Commissioner which contains such information as may be prescribed.
~t register in the prescribed format and record the prescribed particulars regarding every acquisition or disposal of goods.
the person's identity number.
the date of the transaction; the date on which the article was sold or an account of how and when the article was otherwise disposed of; and any other prescribed information.
acquisition and disposal of second-hand goods; and different classes of second-hand goods.
(4)A person acquiring goods from, or disposing of goods to a dealer must furnish such dealer with his or her hll name, physical address and the original of an identity document, or passport as proof of his or her identity.
A dealer must obtain a copy of the identity document or passport referred to in subsection (4).
and a copy of the documents referred to in subsection (4), for a period not less than five years calculated From the date of the relevant transaction.
Every entry in a register in respect of an acquisition or disposal of goods must be made contemporaneously.
Where a dealer keeps registers electronically, printouts must be made on a daily basis and retained subject to the provisions of subsection (6).
such dealer or pawnbroker must immediately report the matter to a police official on duty at the police station in whose area he or she carries on business.
The police official must note the report in an occurrence book and provide the dealer or pawnbroker with the serial number of the note in the occurrence book.
take into his or her possession goods before he or she has convinced himself or herself on reasonable grounds that the seller of the items is the owner and or titleholder thereof or duly authorized to dispose thereof; or deliver goods acquired by him or her to a person or change the form or alter the appearance thereof until afler the expiration date of a period of seven days from the date of acquisition thereof.
Duringthe period contemplated in paragraph (d) of subsection (I), the articles or goods must be kept separate from all other goods of the same or similar kind and description.
A pawnbroker must keep the prescribed register in respect of all goods taken in pawn by him or her.
A person pawning goods must furnish the pawnbroker with his or her full name, physical address and the original of an identity document, or passport as proof of his or her identity.
A pawnbroker must obtain a copy of the identity document or passport referred to in subsection (2).
A pawnbroker must retain a register referred to in subsection (1) and a copy of a document referred to in subsection (2), for five years calculated from the date of the transaction.
take into his or her possession pawned goods before he or she has convinced himself or herself on reasonable grounds that the pawner of the items is the owner and or titleholder thereof or duly authorized to dispose thereof; or accept in pawn any firearms as defined in the Firearms Control Act, 2000 (Act No. 60 of 2000).
During the period that any pawned goods are subject to a pawn agreement, such goods must be kept separate from all other goods of the same or similar kind and description.
a dealer or pawnbroker dealing in second-hand motor vehicles must keep a register in the prescribed format and record the prescribed particulars regarding every acquisition or disposal of motor vehicles.
any unique identifier, such as microdot particulars; and any other prescribed information.
physical address; and the original of an identity document, or passport as proof of his or her identity.
the original of an identity document, or passport as proof of his or her identity; and proof of registration or deregistration.
(5)A dealer must obtain a copy of every identity document or passport referred to in subsections (3) and (4), and proof of registration or deregistration.
A dealer must retain a copy of the proof ofregistration or deregistration referred to in subsection (5), for a period not less than five years calculated from the date of the relevant transaction.
"recycle" means to melt, smelt, granulate, shred, dismantle, sort, grade, cut, prepare and bale controlled metals, either by hand or by the use of specialised plant, machinery and equipment, for use by consuming works such as foundries, mills, smelters, refiners and manufacturers.
Every dealer who engages in business as a recycler must be registered as a recycler.
The National Commissioner must, seer consideration of the application and upon being satisfied that the applicant complies with all the requirements, register the applicant as a recycler and issue the prescribed certificate.
No dealer or pawnbroker may recycle or cause to be recycled any controlled metalor any article or substance containing controlled metal, unlessregistered in terms of thisChapter.
such person is registered as a recycler; or in the case of precious metals, such a person is authorized under other legislation.
"communication equipment" means any wireless mobile communication equipment with IMEI capable of using SIM, including but not limited to cellular telephones, telephones, two-way radios, and accessories thereof.
a dealer or pawnbroker dealing in second-hand communication equipment must keep a register in the prescribed format and record the prescribed particulars regarding every acquisition or disposal of communication equipment.
a description of the communication equipment, including -.
his or her full physical address; and the original of an identity document, or passport asproof of his or her identity.
A dealer must obtain a copy of every identity document or passport referred to in subsection (3).
(5)A dealer must retain a copy of the proof of registration or deregistration referred to in subsection (4), for a period not less than five years calculated from the date of the relevant transaction.
allows any other person to perform any of the acts referred to in paragraph (a), or (c), is guilty of an offence.
The provisions of this Act shall not apply to any second hand goods sold or disposed of by way of public auction authorized by a warrant of execution under a judgment or order of a court of law.
produce any goods found in or on such premises for examination; or explain any entry or absence of any entry in any register, book, record or document found therein or thereon.
If, upon any inspection, a police official discovers that any method of dealing, recording of transactions in registers, or storage that is being used is in contravention of this Act, the police official may demand immediate discontinuation of the method to ensure compliance with the Act.
A dealer, pawnbroker, owner, employee or person in charge of premises referred to in subsection (I), must assist a police official as may be required, for the performance of his or her functions under this Act.
Oneach occasion when a police official inspects a register as contemplated in subsection (I)(b), he or she must sign his or her name immediately after the last entry in that register, and append his or her number, rank and the date.
against the issue of a written receipt, seize records, books, documents or electronic data-storing devices that may be used as evidence of a contravention of any provision of this Act; and seal or seal off the premises at, on or in which second-hand goods are found to prevent a person fiom conducting business in contravention of this Act.
Police official may not enter upon or search any premises until he or she has a warrant would be issued to the police official if he or she applied for such warrant; and the delay in obtaining such warrant would defeat the purpose of the search.
Any goods seized in terms of this section must be dealt with as contemplated in Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
A person from whom any book, record or document has been taken may, at his or her own expense and under supervision of the police official, make copies thereof or excerpts there from.
A warrant referred to in this chapter must be issued by a magistrate or a judge of the High Court, who has jurisdiction in the area where the premises in question are situated, if it appears from information on oath or solemn declaration that there are reasonable grounds to believe that a provision of this Act has been or is being contravened.
the period for which the premises may be sealed off for purposes of section provided that such period may not exceed seven days; and whether the warrant authorizes execution by night.
one month from the date of its issue; or the purpose for which the warrant was issued no longer exists, whichever occurs first.
The Minister may by notice in the Gazette, either generally or subject to such conditions as may be specified in the notice, extend the powers contemplated in this Chapter to any person employed by a statutory body and may in like manner amend or repeal any such notice.
A police official, prior to exercising a power in terms of this Chapter must identify himself or herself to the dealer, pawnbroker, owner, employee or person in charge of the premises in question, and produce his or her appointment certificate.
A person is guilty of an offence if he or she contravenes or fails to comply with any provision of this Act.
fail or refuse to display the certificate on each of the premises for which it was issued; or fails to maintain the certificate in such a state that it can be produced undamaged and in a legible condition.
for a period not less than five years calculated !om the date of the relevant transaction?
to a police official on duty at the police station in whose area he or she carries on business.
the owner and or titleholder thereof; or duly authorized to dispose thereof deliver goods acquired by him or her to a person before the expiration date of a period of seven days from the date of acquisition thereof.
change the form or alter the appearance thereof before the expiration date of a period of seven days from the date of acquisition thereof.
fail to keep articles or goods that may not legally be disposed of, separate from all other goods of the same or similar kind and description.
take into his or her possession pawned goods before he or she has convinced himself or herself on reasonable grounds that the pawner of the items is the owner and or titleholder thereof or duly authorized to dispose thereof; or accept in pawn any firearms as defined in the Firearms Control Act, 2000 (Act No 60 of 2000).
possess any apparatus which can be used for the recycling of controlled metal or any such article or substance without being registered as a recycler or otherwise authorized under other legislation.
fail to inform the National Commissioner of the loss or theft of a certificate, within 30 days or as soon as reasonably possible after discovery of the loss or theft.
there is any change having an impact on the ability of the dealer or pawnbroker to meet all or any of the requirements for its registration in terms of this Act.
the original of an identity document, or passport; or proof of registration or deregistration.
while acquiring goods from that dealer or pawnbroker, disposing of goods to a dealer or pawning goods.
to assist or hinder a police official in the performance of his or her functions under this Act.
A regulation may provide for a fine or penalty for any contravention thereof or failure to comply therewith, of a fine or imprisonment for a period not exceeding twelve (12) months, or both a fine and imprisonment.
A person convicted of an offence mentioned in column 1 of the First Schedule, may be sentenced to a fine or imprisonment for a period not exceeding the period mentioned in column 2 of that Schedule opposite the number of that section, or both.
suspend or cancel any registration; or order that the second-hand goods which formed the subject of the charge against that person, be forfeited to the State.
the times during which dealers and pawnbrokers may acquire and dispose of second-hand goods; and any matter which is necessary or expedient to prescribe for the attainment or better attainment of the objects of this Act.
Different regulations may be made in terms of subsection (1) with reference to different categories or classes of associations, dealers or pawnbrokers, second-hand goods or classes of goods or premises.
declare any article or substance to be second-hand goods for the purposes of this Act or such parts of this Act as may be specified in such notice, and may in like manner amend or repeal any such notice.
A dealer or pawnbroker who is aggrieved by an administrative decision taken in terms of this Act may, in the prescribed manner, appeal to the Minister against that decision.
Commissioner; or make such order with regard thereto as he or she may deem expedient.
An application or notice contemplated in this Act must be lodged with the Station Commissioner in whose station precinct the applicant, dealer or pawnbroker, as the case may be, carries on business or stores any second-hand goods or intends to cany on business or intends to store any second-hand goods.
The mannerof services of a notice or other document to be served on or given to a person in terms of this Act may be prescribed.
This section does not apply to notices or other documents served or given during the course of any proceedings in a court of law.
by the person who has signed the document, is upon production in a court, prima facie evidence of service of the document.
If a certificate issued in tenns of this Act is lost or stolen, the holder of the certificate must inform the National Commissioner of such loss or theft within 30 days or as soon asreasonably possible after discovery of the loss or theft.
If a certificate issued in terms of this Act is defaced, lost or stolen, the holder of the certificate must within 30 days of the discovery of the defacement, loss or theft apply to the National Commissioner in the prescribed form, for a copy of the certificate.
The Minister may, in writing, authorize the National Commissioner or any other police official, to exercise such power or perform such duty, except the powers referred to in sections 48 and 50.
National Commissioner may in writing delegate any power conferred on him or her and assign any duty imposed on him or her by or under this Act to any official in the service of the state or a statutory body.
An official to whom a power has been delegated or a duty has been assigned in terms of subsection (2) must exercise the power or perform the duty subject to the control and directions of the National Commissioner.
The National Commissioner may extend any period contemplated in this Act on good cause shown.
A magistrates' court shall have jurisdiction to impose any penalty provided for under this Act.
A person who immediately prior to the date of commencement of this Act carried on a business as a dealer or pawnbroker must, within a period of 90 days from commencement, enter into a transitional register all the second-hand goods or pawned goods, as the case may be, held by such person for such business purposes during the period from the date of commencement of this Act and up to and including the last day of the said period or extended period as the case may be.
An entry referred to in subsection (1) must set out a full description of the second-hand goods in question, indicating the quantity and colour thereof, identification marks and any other distinguishing features thereon and, in the case of non-ferrous and precious metal, its description and weight and the value thereof as estimated by the dealer or pawnbroker concerned.
The Station Commissioner or the police official authorised by him or her must endorse the last entry in such register and on each page thereof.
a dealer or pawnbroker who disposes of second-hand goods referred to in subsection (I), or a pawnbroker who redeems a pawn agreement or otherwise disposes of pawned goods in terms of subsection (2).
A person referred to in subsection (1) who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence and on conviction be liable to a fine or imprisonment not exceeding 3 years imprisonment or both such fine and imprisonment.
The Second-hand Goods Act, 1955 (Act No. 23 of 1955), is hereby repealed.
This Act is called the Second Hand Goods Act 2005 and comes into operation on a date determined by the President by proclamation in the Gazette.
jewellery including unwrought precious metal as defined by the Mining Rights Act 1967 (Act No.
<fn>GOV-ZA.28166En.2012-02-10.en.txt</fn>
A draft Financial Management of Parliament Bill, 2005, as presented to the Speaker of the National Assembly by the Portfolio Committee on Finance, is hereby published for comment.
To regulate the financial management of Parliament in a manner consistent with its status in terms of the Constitution; to ensure that all revenue, expenditure, assets 5 and liabilities of Parliament are managed efficiently and effectively; to provide for the responsibilities of persons entrusted with financial management in Parliament; and to provide for matters connected therewith.
1999 (Act No.
In this Act, a word or expression derived from a word or expression defined in subsection (1) has a corresponding meaning unless the context indicates that another meaning is intended.
to establish norms and standards for the managing the financial affairs of Parliament and the provincial legislatures.
Provincial legislatures must adhere to the norms and standards for financial management set out in Schedule 1.
(1)The Executive Authority of Parliament is the Speaker of the National Assembly and the Chairperson of the National Council of Provinces, acting jointly.
The Executive Authority is accountable to Parliament for the sound financial management of Parliament.
Members of the Executive Authority must act in accordance with the code of ethics in Schedule 2.
This Act is administered under the control of the Executive Authority by the Secretary to Parliament who is the Accounting Officer of Parliament.
(2)The Accounting Officer is accountable to the Executive Authority for the financial management of Parliament.
unauthorised, irregular and fruitless and wasteful expenditure and other losses are prevented; and disciplinary or, when appropriate, criminal proceedings are instituted against any official who has allegedly committed an act of financial misconduct or an offence in terms of Chapter 10.
(1)The Executive Authority and the Accounting Officer must annually conclude a written performance agreement for the Accounting Officer.
provide for an annual assessment of the Accounting Officer's performance by the Executive Authority; and specify the consequences of sub-standard performance.
The provisions of this Act conferring responsibilities on the Accounting Officer are part of the performance agreement of an Accounting Officer.
The annual assessment of the Accounting Officer's performance must take cognisance of the audit report on the annual financial statements of Parliament.
the Deputy Secretary to Parliament; or if the post of Deputy Secretary is vacant, or the Deputy Secretary is unable to perform those functions, another official of Parliament designated in writing by the Executive Authority.
The Accounting Officer may delegate any powers or duties conferred on the Accounting Officer by this Act to an official of Parliament in accordance with a system of delegation.
maximise administrative and operational efficiency; and provide adequate checks and balances in the financial management of Parliament.
The Accounting Officer must regularly review delegations made in terms of subsection (1) and, if necessary, amend or withdraw any of those delegations.
may authorise that official to sub-delegate, in writing, the delegated power or duty to another official, or to the holder of a specific post in the administration of Parliament; and does not divest the Accounting Officer of responsibility for the exercise of the delegated power or the performance of the delegated duty.
that all revenue due to Parliament is collected; and that Parliament's assets and liabilities are managed effectively, and that assets are safeguarded and maintained to the extent necessary.
disclose all material facts which are available to that person or reasonablydiscoverable, and which in any way might influence any decision or action in terms of this Act; and seek to prevent any prejudice to the financial interests and good reputation of Parliament.
in the case of the Accounting Officer to the Executive Authority; and in the case of any other person, to the Accounting Officer.
may act in a way that is inconsistent with the Act; or may use their position or any confidential information obtained in the exercise of their responsibilities for personal gain or to benefit improperly themselves or any other person.
approve the strategic plan, annual performance plan and budget for submission to a joint committee of Parliament.
Within six months after a general election, by another date determined by Parliament, the Accounting Officer must prepare and present a strategic plan for Parliament's administration to the Executive Authority.
include multi-year projections of revenue and expenditure; and include performance measures and indicators for assessing the administra-tion's performance in implementing the strategic plan.
At least ten months prior to the start of the financial year, the Accounting Officer must prepare draft annual performance plan for Parliament and present it to the Executive Authority.
performance measures and indicators for assessing Parliament's performance in achieving the purposes of the projects.
At least ten months prior to the start of the financial year, the Accounting Officer must prepare a draft budget for Parliament and present it to the Executive Authority.
of the Public Finance Management Act.
the draft strategic plan of Parliament within ten working days of receiving it from the Accounting Officer; and the draft annual performance plan and draft budget at least one month before the draft budget must be submitted to the National Treasury.
These matters are dealt with in section 32 of 34.
submit the draft budget to the National Treasury by a date agreed to with the Minister of Finance; and represent Parliament in any discussions with the Minister of Finance on any aspect of Parliament's budget.
and may participate in the deliberations of the Committee at the request of the Committee.
The committee may require the Accounting Officer and any other official of Parliament to appear before it.
before the start of the financial year.
must be made by a national adjustments budget referred to in section 30 of the Public Finance Management Act.
If the national annual budget is not passed before the start of the financial year, funds may be withdrawn from the National Revenue Fund for the requirements of Parliament during that financial year as direct charges against the Fund until the budget is passed.
during each of the following months, exceed ten per cent of the total amount appropriated in the previous annual budget; and in aggregate, exceed the total amount appropriated in the previous annual budget.
The funds provided for in subsection (1) are not additional to funds appropriated for the relevant financial year, and any funds withdrawn in terms of that subsection must be regarded as forming part of the funds appropriated in the budget for that financial year.
the expenditure is an overspending of a vote and Parliament appropriates an additional amount for that vote which covers the overspending; or the expenditure is unauthorised for another reason and Parliament authorises the expenditure as a direct charge against the National Revenue Fund.
Parliament must advise the National Treasury of any unauthorised expenditure that has been authorised in terms of subsection (1).
but does not appropriate an additional amount covering the amount of the unauthorised expenditure, the unauthorised expenditure becomes a charge against the funds of Parliament.
The Accounting Officer may use a saving in the total amount appropriated under a main division within Parliament's vote towards defraying excess expenditure under another main division within the vote, unless the Executive Authority directs otherwise.
The amount of a saving under a main division of Parliament's vote that may be used in terms of subsection (l), may not exceed eight per cent of the amount appropriated under that main division.
appropriated for capital expenditure in order to defray current expenditure; or that is a direct charge against the National Revenue Fund in order to supplement Parliament's appropriated funds.
The Executive Authority may make regulations or issue instructions in accordance with section 63 concerning the application of this section.
the approval of the Executive Authority; and reappropriation in the adjustments budget in terms of section 30 of the Public Finance Management Act.
savings in respect of funds that are a direct charge against the National Revenue Fund may not be rolled over.
unspent funds on payments for capital assets may be rolled over only to finalise projects or asset acquisitions still in progress.
savings on transfers and subsidies may not be rolled over for purposes other than originally appropriated.
savings on funds appropriated for personnel expenditure may not be rolled over.
a maximum of five per cent of Parliament's funds appropriated for goods and services may be rolled over.
The Executive Authority must submit information on the roll-over of unspent funds to the National Treasury on or before the last working day of April for inclusion in the appropriate national adjustments budget.
Funds that are a direct charge against the National Revenue Fund and that are unspent at the end of a financial year must be returned to the National Revenue Fund.
Appropriated funds that are unspent at the end of a financial year and are not rolled over to a subsequent financial year in accordance with section 20 must be returned to the National Revenue Fund.
to ensure efficient and effective banking and cash management; and for investing money not immediately required.
(2)The Accounting Officer is responsible for establishing systems and procedures for the effective implementation of the policy prescribed in terms of subsection (1).
a bank account into which all money received by Parliament must promptly be paid; and such other bank accounts as are necessary for the effective and efficient management of Parliament's funds.
with an institution not registered as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990);or otherwise than in the name of Parliament.
A bank account opened in terms of this section does not form part of the National Revenue Fund.
is accountable to the Executive Authority for Parliament's bank accounts; and must enforce compliance with section 25.
Only the Accounting Officer, or an official to whom that power has been delegated in terms of section 8, may withdraw money, or authorise the withdrawal of money, from any of Parliament's bank accounts.
A delegation in terms of subsection (1) must be in accordance with the policy made in terms of section 22.
to make other refunds approved by the Executive Authority; or cash management or investment purposes in accordance with the policy made in terms of section 22.
issue a guarantee, indemnity or security, or enter into any other similar transaction that binds or may bind it to any future financial commitment.
maintaining proper accounts and records of all debtors, including amounts 40 received in part payment; and if appropriate, instituting legal proceedings.
An Accounting Officer may settle or write off a debt only in accordance with a prescribed policy.
Interest must be charged on any debt owed to Parliament in accordance with a 45 prescribed policy.
using credit cards, fleet management cards or other credit facilities repayable within 30 days from the date of the statement.
The Executive Authority must, in consultation with the Minister of Finance, Aeterminea process-for requisitioning--funds-s--d.lat-provides for sound cash-flow 1 management.
Parliament maintains a system of internal control of assets and liabilities, including an asset and liabilities register, as may be prescribed.
Accounting Officer is responsible for managing the revenue of Parliament.
all revenue received by Parliament is reconciled at least on a weekly basis.
The Accounting Officer is responsible for managing the expenditure of Parliament.
directly to the person to whom it is due unless agreed otherwise or for good reason; and either electronically or by way of non-transferable cheques, but cash payments and payments by way of cash cheques may be made for exceptional reasons, and only up to a prescribed limit; all amounts owed by Parliament are paid within 30 days of receiving the relevant invoice or statement, unless agreed otherwise; and all financial accounts of Parliament are closed at the end of each month and reconciled with its records.
32.(1) Allocations for support for political parties represented in Parliament may be used only in accordance with a policy adopted by Parliament.
(2)Thirty days prior to the beginning of each financial year, each political party must submit to the Accounting Officer an expenditure plan approved by the caucus of the party, that conforms with the policy contemplated by sub-section (1).
Constituency funds transferred to political parties represented in Parliament may be used only in accordance with a policy adopted by Parliament.
obtain a written assurance from the party it has financial management systems that will enable it to account separately for the use of constituency funds; or if such an assurance is not or cannot be given, the Accounting Officer must render the transfer of the funds subject to conditions requiring the political party to establish and implement the required financial management systems.
(3)Twomonths afterthe end of the financial year, the each political party must submit to the Executive Authority and the Auditor-General financial statements in the pw:gcribed format reflecting the use of the constituency funds.
submit an audit report on those statements to the Executive Authority within two months of receiving them; and recover the audit costs from Parliament.
(5)Within five days of receiving an audit report, the Executive Authority must table it and the relevant financial statements in Parliament.
(6)Should a party not submit the financial statements to the Accounting Officer within two months after the end of a financial year, the party will forfeit one tenth of its constituency funds for each month or part thereof that the financial statements are late.
a written assurance from the entity that it implements effective, efficient and transparent financial management and internal control systems; or render the transfer subject to conditions and remedial measures requiring the entity to establish and implement effective, efficient and transparent financial management and internal control systems.
spending is in accordance with the approved budget; and revenue and expenditure are properly monitored.
Any directive by the Executive Authority to the Accounting Officer that has financial implications must be in writing.
(2)If implementation of a directive is likely to result in unauthorised expenditure, the Accounting Officer will be responsible for any resulting unauthorised expenditure, unless the Accounting Officer has informed the Executive Authority in writing of the likelihood of that unauthorised expenditure.
If the Executive Authority decides to proceed with the implementation of such a directive, the decision and the reasons for it, must be in writing, and the Accounting Officer must promptly file a copy of this document with the Auditor-General.
any impending shortfalls in budgeted revenue and overspending of a main division within Parliament's vote; and any steps taken to prevent or rectify such shortfalls or overspending; and comply with any remedial measures imposed by the Executive Authority to prevent or rectify such shortfalls or overspending.
the procurement by Parliament of goods and services; and the disposal and letting of Parliament's assets, including the disposal of goods no longer required.
covers at least the matters specified in Schedule 3 to this Act.
the management of contracts and the performance of contractors; and the implementation of the policy.
The Executive Authority may prescribe procedures for considering offers to supply goods or services that are unsolicited or are made otherwise than in accordance with Parliament's prescribed procurement processes.
may consider an offer contemplated in sub-section(1) only in accordance with the prescribed procedure.
The Accounting Officer must notify the Auditor-General and the Executive Authority in writing if a contract is concluded in respect of a tender, quotation, or other bid other than the one recommended in terms of the supply chain management policy.
Sub-section (1) does not apply if a contract was concluded in order to rectify an irregularity.
(a) be a member of a committee evaluating or approving tenders, quotations, contracts or other bids for Parliament attend any meeting of such committee as an observer; or participate in any other way in evaluating or approving tenders, quotations, contracts or other bids for Parliament.
impede the Accounting Officer in fulfilling the responsibilities of the Accounting Officer in terms of this Chapter; or amend or tamper with any tender, quotation, contract or bid after its submission.
This includes the Preferential Procurement Policy Framework Act, 2000 (Act No. 5 of 2000) and the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003).
Councillor, to a person in the employ of the State or to any entity in which such a person is a Director or has a controlling or other substantial interest.
Parliament must have an Authority.
consist of at least six persons with appropriate experience.
have no personal or financial interest in any matter related to the financial management of Parliament.
The Executive Authority must appoint one of the members contemplated by subsection (3) as the chairperson of the committee.
(5)The terms of appointment and remuneration of members of the audit committee contemplated by subsection (3) must be consistent with the requirements for audit committees prescribed under the Public Finance Management Act.
(6)A member of the audit committee who has a personal or financial interest in any matter before the committee must disclose that interest and withdraw from the 25 proceedings of the committee when that matter is considered.
the quality of financial management and reports compiled by the Accounting Officer in terms of this Act; and the quality of the annual financial statements; 40 report to and advise the Accounting Officer on matters relating to the financial and risk management of Parliament; and communicate any concerns it deems necessary to the Executive Authority and the Auditor-General.
If the audit committee becomes aware of information implicating the Accounting Officer in fraud, corruption or gross negligence, it must report this promptly to the Executive Authority.
Parliament must have an internal audit unit established by the Accounting Officer which must conduct internal audits in accordance with the relevant standards prescribed for pubic entities in terms of the Public Finance Management Act.
a three-year risk-based audit plan; and an internal audit program for each financial year setting out the proposed scope of each audit.
The unit must report quarterly to the audit committee on its performance against the annual audit plan.
be independent of the activities that are audited; and have access to the financial records and other relevant information of Parliament.
any material variances from Parliament's projected revenue by source, and from Parliament's expenditure projections by main division; and any remedial or corrective steps taken or to be taken to ensure that projected revenue and expenditure remain within Parliament's approved budget.
The statement must include a projection of revenue and expenditure for the remainder of the financial year, and any revisions from initial projections.
The amounts reflected in the statement must in each case be compared with the corresponding amounts set out in the projected cash-flows and in Parliament's budget.
Within 30 days of the end of each quarter, the Accounting Officer must report to the Executive Authority on Parliament's performance in implementing the annual performance plan in that quarter.
The purpose of this section is to enable Treasury to publish comprehensive expenditure figures for the public sector on a monthly basis.
the past year's annual report, and progress on resolving problems identified in the report; and performance in implementing the annual performance plan.
recommend whether an adjustments budget may be necessary; and revise projections for revenue and expenditure to the extent that this may be necessary.
within five working days of receiving the reports.
For each financial year, the Accounting Officer must prepare an annual report.
provide a report on performance of Parliament's administration; and promote accountability for decisions made during the year by Parliament's administration.
the audit committee's report; and any other prescribed information.
The format of financial statements is drawn up by the Office of the Accountant General, within the National Treasury, and prescribed in the Treasury Regulations by the Minister of Finance. It is very important that these statements are prepared on a consistent basis across government, including the Legislatures, to enable the publication of accessible and consistent information.
any material losses written off.
to the Auditor-General for auditing; and to the National Treasury for inclusion in the consolidated financial statements.
audit the financial statements submitted in terms of section 48; and submit an audit report on those statements to the Executive Authority within two months of receiving the statements.
If the Auditor-General is unable to complete an audit within two months of receiving the financial statements, the Auditor-General must promptly submit a report outlining the reasons for the delay to the Executive Authority. The Executive Authority must promptly table the report in Parliament.
Once the Auditor-General has submitted an audit report to the Executive Authority, no person other than the Auditor-General may alter the report or the annual financial statements to which the report relates.
The Accounting Officer must submit Parliament's annual report to the Executive Authority within five months of the end of the financial year concerned.
(1)The Executive Authority must table the annual report in Parliament within five working days of receiving it.
The annual report, including the audited financial statements and audit report, must be made public.
The audited financial statements of Parliament and the audit report must be referred to the Committee on Public Accounts.
promptly address any issues raised by the Auditor-General in an audit report; and advise the Executive Authority of the steps taken to address the issues.
Officer or other person responsible for the failure; and the Auditor-General may issue a special report on such failure to Parliament which must be made public.
must submit the audited financial statements and audit report to Parliament for tabling; and may issue a special report on the delay.
The Accounting Officer must report particulars of any unauthorised, irregular or fruitless and wasteful expenditure to the Executive Authority immediately on discovery.
The Accounting Officer must comply with any request by the Executive Authority, the National Treasury or the Auditor-General for information, returns, documents, explanations and motivations.
Matters listed in section 63(1) could be listed in a Schedule to the Act.
varying the time period within which any act must be performed in terms of this Act if it is necessary to achieve conformity with the budgeting or accounting cycles applicable to the public sector; and any other matter concerning the financial management of Parliament that may facilitate the application of this Act.
(2)Regulations in terms of subsection (1) may prescribe that the prior approval of the Executive Authority must be obtained for particular actions.
Regulations issued by the Executive Authority in terms of sub-section (1) may come into effect only after they have been approved by Parliament.
The Accounting Officer must publish all regulations issued by the Executive Authority after their approval by Parliament.
makes, or permits or instructs another official of Parliament to make, an unauthorised, irregular or fruitless and wasteful expenditure; or provides incorrect or misleading information in any document which must be submitted to the Executive Authority, the National Treasury or the Auditor-General in terms of this Act.
investigate promptly any allegation of financial misconduct against the Accounting Officer, unless it is obviously unfounded; and if the investigation warrants such a step, institute disciplinary proceedings promptly and in accordance with any applicable systems and procedures.
makes, or permits or instructs another official of Parliament to make, an unauthorised, irregular or fruitless and wasteful expenditure; or provides incorrect or misleading information in any document submitted to the Accounting Officer.
investigate any allegation of financial misconduct against an official unless it is obviously unfounded; and if the investigation warrants such a step, institute disciplinary proceedings within 30 days in accordance with any applicable systems and procedures.
in the management of Parliament's assets or receipt of money; or in the implementation of Parliament's supply chain management system; deliberately mislead or withhold information from the Executive Authority or Auditor-General on any bank accounts of Parliament or on money received or spent by Parliament; or deliberately provide false or misleading information in any document which in terms of a requirement of this Act must be submitted to the Executive Authority or Auditor-General.
to whom a power or duty is delegated in terms of section 8, deliberately or in a grossly negligent way to contravene or fail to comply with the delegation or a condition of the delegation; or to contravene section 10(3)(b).
It is an offence for any person to contravene section 44or 57 (3).
A person convicted of an offence in terms of section 60 is liable to imprisonment for a period not exceeding five years or to an appropriate fine determined in terms of applicable legislation or both.
The joint parliamentary committee referred to in sections 15 (1) has the powers that committees of Parliament have under sections 56 and 69 of the Constitution.
Representation on such committees must be in accordance with the Joint Rules of Parliament.
No member of the Executive Authority, the Accounting Officer or any other official exercising a power or performing a function in terms of this Act, is liable in respect of any loss or damage resulting from the exercise of that power or the performance of that function in good faith.
Without limiting liability in terms of the common law or other legislation, Parliament may recover from the Accounting Officer or other official, any loss or damage suffered by it because of the deliberate or negligent unlawful actions of that Accounting Officer or other official when performing a function in terms of this Act.
sections 31 and 39 of the Powers and Privileges of Parliament Act, 1963 (Act No.
of section 8(1).
This Act is called the Financial Management of Parliament Act, 2005, and takes effect on 1 April 2006.
Minister of Finance, on the advice of the Accounting Standards Board.
It is proposed that a Code of Ethics for members of the Executive Authority should be developed. The Code should supplement, rather than overlap with, the code of ethics for Members of Parliament which Parliament has adopted by resolution.
96(1) of the Constitution), the Code might supplement Parliament's Code by including provisions requiring members of the Executive Authority to act in good faith and meet their legal obligations; and to refrain from taking other paid work.
The Code might also provide mechanisms fordealing with complaints. The Executive Members' Ethics Act uses the Public Protector for these purposes. An alternative mechanism may be appropriate for Parliament.
Issues of conflicts of interests are already covered by Parliament's code. However, it may be appropriate to include these as the Code will have the status of an Act of Parliament.
the delegation of Parliament's supply chain management powers and duties to officials of Parliament; and the circumstances in which a contract or agreement procured through the supply chain management policy of Parliament may be amended by the parties.
<fn>GOV-ZA.2817En.2012-02-10.en.txt</fn>
Police chiefs of the 32 nations participating in the upcoming 2010 FIFA World Cup will gather in Zurich next month, to exchange security information ahead of the month-long tourney.
<fn>GOV-ZA.28186En.2012-02-10.en.txt</fn>
To amend the National Land Transport Transition Act, 2000, so as to define an expression and to amend certain definitions; to extend the information that may be included in the notice containing the national land transport policy; to provide anew for the @ordination of the planning process of provincial planning authorities; to reduce the number of plans required by the Act; to empower the Minister to designate when planning authorities that must supply transport plans to the relevant provincial board; to provide anew for the preparation of a national land transport strategic framework and provincial land transport strategic frameworks: to repeal provisions in respect of current public transport records, operating licences strategies, rationalisation plans and public transport plans; to provide anew for the preparation of integrated transport plans: to extend certain time limits; to provide anew for the type of vehicles that may be used for public transport services: to extend the disqualifications for the holding of operating licences; to extend the duties of holders of operating licences or permits; to specify the vehicles that may be used on long distance operations: to provide anew for the amendment of operating licences; to empower the Minister to set standards for sealed meters for metered taxis and to empower MECs to determine fare structures for metered taxi services: to make provision for the granting of operating licences for tourist services; to provide anew for the temporary replacement of specified vehicles; to create new offences; and to effect textual corrections: and to provide for matters connected therewith.
Government Gazette No. 00000 text i.
Words underlined with a solid line indicate insenions in existing enactments.
to provide anew for the type of vehicles that may be used for public transport services; to extend the disqualifications for the holding of operating licences; to extend the duties of holders of operating licences or permits; to specify the vehicles that may be used on long distance operations; to prnvlde anew for the to empower the Minister to set standards for sealed meters for metered taxis and to empower MECs to determine fare structures for metered taxi services; to make provision for the granting of operating licences for tourist services; to provide anew for the temporary replacement of speci6ed vehicles; to create new offences; and to effect terlual corrections; and to provide for matters connected therewith.
Section 1 of the National Land Transpon Transition Act.
National Road the National Road Traffic Act, 1996 (Act No. 93 of 1996); 20 'reeistered importer' means an importer registered under section 5 of the National Road Traffic Act, 1996 (Act No.
Act, 1989 (Act No.
Act, 1989 (Act No. 29 of 1989).
1989 (Act No.29 of 1989).
Act, 1996 (Act No. 93 of 1996).
Qualifications Authority Act. 1995 (Act 58 of 1995).
and with the Skills Development Act.
A transport authority, in awarding contracts for goods and services, must apply a system which is fair, equitable. transparent, competitive and cost-effective, and which is in accordance with the Preferential Procurement Policy Framework Act. 2000 (Act No. 4 of 2000).
and [relevant provisions of the Local 50 Government Transition Act, 1993 (Act No. 209 of 1993), which will apply with the changes required by the context] any relevant local government laws.
Amendment of section 18 22 of 2000 4.
following 55 paragraphs.
@ constitute the transport component of the integrated development plans of such municipal-ity in respect of that part of its jurisdictional areas that falls within the transport am or MTA.
the integration of transport and land use planning within the context of the Development Facilitation Act, 1995 (Act No.67of 25 1995), or any other similar provincial iaw.
22 of 2000 5.
of paragraph (c), (4.
must be linked to the provincial land 45 transport baamework and must he as agreed upon by the MECs.
respectively, must he as required by this Act, but the 50 Minister may, in consultation with the relevant MEC or MECs. modify the requirements for those plans, in the prescribed manner, in relation to rural areas in particular provinces.
22 of 2000 6.
must be prepared by the following authorities. to be known as planning authorities.
Every planning authority designated by the MEC to do so must supply relevant vansport plans to the bard and make recommendations to that board about the conversion of permits to operating licences, and about applications for new operating licences. as required by Part 9.
22 of 2000 7.
Minister after consultation with the MECs and published by notice in the Government Gozette, prepare a for the country [for a five-year period corresponding with the Department's financial years, with due regard to subsection (3)].
The Minister must update the national land transpart strategic framework 20 every two years.
Amendment of section 22 of Act 22 of 2000 8.
prepare a five year provincial 25 land transport framework [for a five-year period] in accordance with the requirements prescribed by the Minister aRer consultation with all the MECs and must publish it in the Government Gazette on a date determined by the Minister.
must.
update his or her provincial land transwrt framework at least once every two years.
by the insertion in subsection (3) after paragraph.
Repeal of sections 23,24,25 and 26 of Act 22 of 2000 24, 25 and 26 of the principal Act are hereby repealed.
(I) Transport authorities. core cities and other municipalities required by the MEC to do so. must prepare and submit to the MEC 45 [annually] by the date determined by the MEC.
for theirrespective areas for the five-year period commencing on the first day of that financial year.
determined in terms of subsection (I) be submitted to the MEC lor approval.
of the Hazardous Substances Act. 1973 (Act No. I5 of 1973).
in the area of a planning authority, except on a of subsection (2).
Until the function of commuter rail is devolved &om national lo another sphere of government.
25 submitted to the Minister for amroval of the commuter rail com the prescribed manner and time.
22 of 2000 12.
On approval ofthe national land transport strategic framework. a provincial transport Framework.
a public or an integrated transport plan, the Minister or planning authority, as the case may be, must publish.
Gazette, or.
days before the action is 45 taken.
of the following words: "The planning authority must.
prior to the expiry of the 2t-ds?
31 of Act 22 of 2000 13.
Despite this Act or any other law.
(Act No. 93 of 1996). according to acceptable safety standards.
to 23 seated persons.
persons.
Gazette, to cater for exceptional cases in rural areas, or exceptional cases in relation to tourist or courtesy services.
there is no appropriate public transport available in that area: and services are rendered under such conditions as may he determined by the MEC concerned.
For the purposes of this subsection, an "adapted light delivery vehicle" means a light delivery vehicle that has been manufactured or modified by a registered manufacturer, registered builder or registered importer in compliance with the National Road Traffic Act, 1996 (Act No. 93 of 1996). for the conveyance of persons.".
Amendment of section 38 of Act22 14. Section 38 of the principal Act is hereby amended by the addition ofthe followin..
~-'si acting as examiner at a testing station in terms of the National Road Traffic Act. 1996 (Act No. 93 of 19%):'.
inform the board in writing of the sale or any other change of the addition of the-following subsection.
must obtain an operating licence before the acquisition of the vehicle if he or she intends to use that vehicle for public transport.
the deletion in of paragraph &I.
Amendment of section 78 of Act 22 of 2000 17.
&prescribed by the Minister.
22 of 2000 18.
15 contemplated in the standard specification SABS 1207 "Motor vehicle safely specification for breaking"set in terms of the Standards Act, 1993 (Act No. 29of 1993).
may be used on long distance operations.
Substitution of section 90 of Act 22 of 2000 19.
the holder must apply 25 for the replacement, in the manner prescribed by the MEC. to a member or official ofthe board whom the board has authorised in writing todispose of the matter, provided the nature of the replacing vehicle and the quality and standard of the service are not affected by the replacement.
not be affected by the replacement; and replacing vehicle is otherwise suitable for the operation of the oublic licence. has a the applicant for replacement has provided the information necessary to establish the requirements of this section.
The national information system model number contemplated in 45 Subsection(2) must be linked to the registered builder who built or modified the body of the vehicle in question.
Where a subcontractor operates any pati of the public transpon service to which an operating licence relates, on behalf of the holder of the operating licence, the subcontractor may rely on the provisions of this section to replace any vehicleofwhich the latter is the registered owner and which is specified in that operating licence, in all respects as if the subconh-actor were the holder of that ooeratinn licence.
22 of 2000 20.
a bard must take into account the supply and demand for the particular tourist services so as not to over saturate the industry by granting ton many licences.
is not exceeded.
) The replacing vehicle must be suitable for the operation of that public transport service aid.
far as this section provides othemise, must comply in all otherrespects with the requirements and conditions that apply and are in force in terms of this Act. and the National Road Traffic Act. 1996 (Act No. 93 of 1996). with regard to the vehicle so specified in the operating licence.
of 2000 23.
if. being a metered taxi operator. the person contravenes or fails to comply with a fare structure contemplated in section 91(4).
<fn>GOV-ZA.2818En.2012-02-10.en.txt</fn>
England head coach, Fabio Capello, has dismissed media reports claiming that his team's training base camp at the Royal Bafokeng Sports Campus in Rustenburg, was not up to standard and "a dump."
<fn>GOV-ZA.28191En.2012-02-10.en.txt</fn>
PETROLEUM PRODUCTS ACT, 1977 (Act No. 120 of 1997).
and (0 of the Petroleum Products Act, 1977 (Act No. 120 of 1977) made the regulations in the Schedule.
"the Act" means the Petroleum Products Act, 1977 Act No.
"low-emission diesel" means diesel used in underground mines with a sulphur content of not more than 0.005 percent by mass and conforms to the South African National Standard, 'Low-emission diesel fuel for use in underground mines', SANS 1755; ~.
"standard grade diesel" means diesel with a sulphur content of not more than 0.
means volume for volume.
Scope of regulation 2 This regulation prescribes specifications and standards for petroleum products that may be sold in the Republic of South Africa.
such petrol is not stored, sold or provided from a site.
5 Metal additives intended to enhance octane ratings or limit valve seat recession in internal combustion engines must only be used in metal-containing petrol.
and the maximum permitted benzene content is 3% v/v.
7 Permitted metal-free petrol grades may be sold throughout the Republic. 8 Metal-containing petrol with a RON of 95 must only be sold in the coastal zone. 9 Metal-containing petrol with a RON of 93 must only be sold in the inland zone.
only licensed manufacturers or wholesalers may sell or provide such diesel; b such diesel is only sold to end-consumers, that are licensed owners or operators of mines, for their own use; c such diesel is not stored, sold or provided from a site.
the sulphur content of such diesel is not more than 0.
the polycyclic aromatic hydrocarbon content of such diesel is not more than 11% measured on a mass for mass basis; and such diesel is blended with not more than 5% biodiesel.
such diesel is blended with not more than 5% biodiesel.
the polycyclic aromatic hydrocarbon content of such diesel is not more than 11%measured on a mass for mass basis; and such diesel is blended with not more than 5% biodiesel.
15 The sale of petroleum products that do not comply with specifications and standards contemplated in this Regulation is prohibited.
16 Offering for sale, selling or providing one grade of petrol or diesel as another grade of petrol or diesel, as the case may be, subject to the provisions of this Regulation is prohibited.
for the purposes of evading the payment of any tax, duty or levy is prohibited.
18 Offering for sale, selling or providing metal-free petrol or metal-containing petrol, which contains lead additives, subject to the provisions of this Regulation, is prohibited.
19 Offering for sale, selling or providing metal-free petrol or metal-containing petrol, which contains MTBE additives, subject to the provisions of this Regulation, is prohibited.
demand of any person owning, offering for sale, selling or providing petroleum products governed by these regulations, a compliance certificate in respect of such petroleum products and such person must, if so instructed, provide the inspector with such certificate; and demand of any person importing petroleum products governed by thefe regulations, any documentation associated with such importation and such person must, if so instructed, provide the inspector with such documentation.
Permits for deviation from specifications and standards 22 A licensee may apply in writing to the Controller for a permit to deviate fkom the specifications and standards of petroleum products governed by this Regulation.
23 Upon receipt of anapplication for a permit contemplated in sub regulation 22, the Controller must consider the application and consult the Minister in that regard.
24 In considering an application contemplated in regulation 22 the Controller must consider the urgency, health, safety, environmental, security, continuity of supply of petroleum products, national interest and logistical implications of granting or refusing such a permit.
specify the extent of the deviation fkom the provisions of this Regulation permitted; and specify such other conditions as the Controller may consider appropriate.
condition of a permit contemplated in regulation 25, terminate such permit; or provision of this Regulation, order the permit holder to terminate the distribution and sale of such non-compliant petroleum product, with immediate effect.
any steps taken by the permit holder to remedy the non-compliance concerned or to prevent any such non-compliance fiom recurring; and b anyother relevant matters submitted by way of representations.
Retail pump labelling 28 A bowser on a site must have a label affixed to it.
have lettering and numbering in a font size of Aria1 face the same direction asthe information indicating the price of the petrol or diesel displayed on that bowser; and be positioned not more that 20 centimetres above or below the information displaying the price of the petrol or diesel dispensed fiom that bowser.
30 The petrol or diesel grade dispensed fiom a bowser must be the petrol or diesel grade specified in the label affixed to that bowser.
31 The label to be affixed to a bowser dispensing a metal-free petrol grade must be white lettering and numbering on a green background.
32 The label to be affixed to a bowser dispensing metal-fkee petrol grade RON 95 must contain only the words and numbers "Unleaded Petrol 95 Metal-flee."
33 The label to be affixed to a bowser dispensing metal-fiee petrol grade RON 93 must contain only the words and numbers "Unleaded Petrol 93 Metal-fiee."
34 The label to be affixed to a bowser dispensing metal-fiee petrol grade RON 91 must contain only the words and numbers "Unleaded Petrol 91Metal- fiee."
35 The label to be affixed to a bowser dispensing a metal-containing petrol grade must be white lettering and numbering on a red background.
36 The label to be affixed to a bowser dispensing metal-containing petrol grade RON 95 must contain only the words and numbers "Lead Replacement Petrol 95 Xbased," where Xis represented as either "manganese" or "potassium" or phosphorus" as appropriate for the type of petrol dispensed fiom that bowser.
is represented as either "manganese" or "potassium" or phosphorus" as appropriate for the type of petrol dispensed fiom that bowser.
38 The label to be affixed to a bowser dispensing a diesel grade must be white lettering and numbering on a black background.
39 The label to be affixed to a bowser dispensing standard grade diesel must contain only the words "Standard diesel."
40 The label to be affixed to a bowser dispensing low sulphur grade diesel must contain only the words "Low sulphur diesel."
the port of entry, in the case of a batch of imported petroleum product.
retained for 5 years; and disclosed to an inspector on request.
Wednesday in March 2006, whichever event occurs ht.
45 A licensed manufacturer or wholesaler must not import petroleum products, after midnight on 31December 2005, that are not in compliance with this Regulation.
Offences and penalties 46 Any person performing a prohibitecl action or committing an office under this Regulation shall be deemed to have committed anoffence under the Act.
Note: some magisterial districts contain both "coastal" and "inland" areas.
<fn>GOV-ZA.28216jEn.2012-02-10.en.txt</fn>
I, Angela Thokozile Didiza, Minister for Agriculture and Land Affairs, hereby publish the Surveying Profession Bill for general comment.
Bill published in Government Gazette No.
Surveyors; to provide for different categories of surveyors and the registration of surveyors; to authorise the identification of areas of work for surveyors; to recognise certain voluntary associations; to protect the public from unethical surveying practices; to maintain a high standard of professional conduct and integrity; to establish disciplinary mechanisms and an Appeal Board; and to provide for incidental matters.
"National Qualifications Framework" means the National Qualifications Framework as defined in section 1 of the South African Qualifications Authority Act, 1995 (Act No.
"survey technician" means a person registered as.
Petroleum Resources Development Act, 2002 (Act No.
"voluntary association" means any voluntary association, organisation; institute, institution or other body of surveyors recognised by the Council in terms of section 17.
The following principles apply to the Council and all registered persons and must guide the interpretation, administration and implementation of this Act:.
the design, establishmentand administratian-of-geographic information systems and the collection, storage, analysis, visualisation and management of geoinformation; and the measurement of land, mineral and marine resources.
Surveying must pursue and serve the interests of the public to benefit the present and future generations.
promote environmentally responsible surveying which will ensure sustainable development.
The Council must perform the functions determined in this Act.
eleven surveyors who are not in the full-time employ of the State; , and no more than two, but at least one person to represent the interests of the public.
The Minister must appoint, from the members of the Council, a chairperson, a deputy chairperson and an alternate chairperson of the Council.
When the chairperson is unable to perform the functions of that office, they shall be performed by the deputy chairperson or, if the deputy chairperson is unable to do so, by the alternate chairperson.
inviting all interested persons, voluntary associations, institutions and organisations to submit nominations; and taking any other steps he or she deems necessary.
In appointing members of the Council, the Minister must have due regard to the surveying profession principles contained in section 2, the different categories and branches of the surveying profession and the need to ensure and promote gender, disability and other demographic representativity.
Every member of the Council must be appointed for a period of four years, but the Minister may in his or her discretion extend the term of such a f member by a further period not exceeding three months until a new Council or member has been appointed.
A member of the Council may not serve for more than two consecutive terms of office.
Minister must publish in the Gazette the names of and positions held by each appointee to the Council and the date on which each appointment takes effect.
If a member of the Council dies or vacates his or her office before the expiry of the period for which he or she was appointed, the Minister may appoint a person to fill the vacancy for the unexpired podion of the period for which such member was appointed: provided that the appointment does not alter the composition of the Council as set-out in subsection (1).
is declared by a court of law to be mentally incompetent or is detained in terms of the Mental Health Act, 1973 (Act No.
has been determined by a court, tribunal or forum as contemplated by the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No.
is a political representative at the national, provincial or municipal sphere of government; or is not a fit and proper person to be so appointed.
his or her appointment has ceased; or he or she is not, within one year from the.
or within such extended period as the Minister may approve, a registered person.
The Council may designate one of the members of a committee as chairperson of the committee.
Any reference in this Act to the Council or the chairperson of the Council in relation to the exercise of any power which the Council has delegated to a committee, must be construed as including a reference to that committee or to the chairperson of that committee, as the case may be.
serve solely as a committee on. educational and training matters;and advise 'or assist the Council as.
matters contemplated in section'8 the methods and procedures for the assessment and registration in the various categories of registered persons; and all educational, training, skills development and related matters.
The provisions of section 10 apply, with the necessary changes, in respect of a committee of the Council.
support the functioning of disciplinary and appeal structures established under this Act; and ensure and promote a high standard of education and training in . the surveying sector.
1995 (Act No.
may grant, conditionally grant, refuse or withdraw the accreditation of educational programmes with regard to.
must deal with matters pertaining ta education and training in consultation with the Council on Higher Education established in terms of the Higher Education Act, 1997 (Act No.
investing funds, borrowing or' lending money or entering into any lease, whether as lessor or lessee, if the period of the transaction will be longer than 12 months, and the value exceeds an amount prescribed by the Minister from time to time by publication of an appropriate notice in the Gazette;and acquiring, other than as a lessee, or disposing of or encumbering immovable property, irrespective of its value; and must invest its funds only in registered financial institutions considered appropriate by the Department of the National Treasury.
determined by the Minister and subsequent meetings of the Council must be held at such times and places as determined by the Council.
The Council must hold at least two meetings each year but may hold such further meetings as it determines from time to time.
The chairperson may at any time on reasonable grounds and on notice of the purpose of the meeting convene a special meeting of the Council to be held on a date and place that he or she determines.
the Minister; or at least one third of the Council members, on notice of the purpose of the meeting...
The special meeting requested in terms of subsection (4) must be held within 30 days after the date of receipt of the request, on a date and at a place that the chairperson determines.
A majority of the members of the Council constitutes a quorum at any meeting of the Council.
Ifwithin half an hour after the time appointed for any meeting a quorum is not present, the meeting must be adjourned to a date to be determined by the chairperson, which date must not be earlier than seven days and not later than 21 days after the date of the meeting and the members present at such meeting constitute a quorum.
The minutes of, and the reports tabled at, the meetings or proceedings of the Council must be forwarded to the Minister within 30 days after the conclusion of each meeting or proceeding.
A decision of the majority of the members of the Council present at any meeting constitutes a decision of the Council.
In the event of a deadlock the chairperson has a casting vote in addition to a deliberative vote.
A decision taken by the Council or act performed under authority of the Council is not invalid by reason only of a vacancy on the Council or of the fact that a person who is not entitled to sit as a member of the Council sat as a member at the time when the decision was taken or the act was authorised, if the decision was taken or the act was authorised by the requisite majority of the members of the Council who were present at the time and entitled to sit as members.
The Minister may after consultation with the Council and any person directly affected by a Council decision suspend or revoke that decision on good grounds and if it is in the public interest to do so.
The Minister must, after suspending the decision of the Council and before its revocation, remit such decision to the Council for its reconsideration.
The chairperson, deputy chairperson, other members of the Council and members of committees of the Council who are not members of the Council, excluding such a member who is in the full-time service of the State, must out of the funds of the Council be paid such remuneration and allowances as the Minister, with the ccmcurrence of the Minister of Finance, may determine from time to time.
The funds of the Council consist of any money received by it in terms of this Act and all other moneys'which may accrue to the Council from any other source.
The Council may establish and administer an education fund for the purpose of the education, training-and continued education and training of registered persons and students in the surveying profession.
The Council must keep a full and correct account of all morleys received and expended by it.
The Council must annually prepare a statement of income and expenditure and a balance sheet showing a financial position at the close of the financial year, and must have the statement and balance sheet audited, by an auditor registered in terms of the Public Accountants' and Auditors' Act, 1991 (Act No.80 of 1991).
A copy of the auditor's statement and balance sheet must be open for public inspection at the offices of the Council.
The Council must within six months from the close of each financial year, submit the auditor's statement and balance sheet to the Minister.
The Minister may, with the concurrence of the Minister of Finance, on receipt of a budgeted request grant to the Council, out of money appropriated by Parliament, such amounts as he or she considers necessary in order to enable the Council to carry out its functions and may determine the conditions of the grant.
survey technologist; and professional surveyor.
Any person who wishes to be registered, must apply in the manner prescribed by the Council.
The Council must consider an application for registration and must register the applicant in the relevant category, and issue to him or her.
has undergone practical training of not less than one year or as may be prescribed by the Council; and has passed a competency assessment determined by the Council, or that the applicant possesses such other qualifications as defined in the South African Qualifications Authority Act, 1995, as may be determined for the relevant category from time to time by the South African Qualifications Authority in terms of that Act and by the Council.
Only a registered person may describe himself or herself in terms of the category and, if applicable, the branch of surveying, in which he or she is registered.
The Council may determine abbreviations or acronyms for the categories of registration referred to in subsection (1).
has had his or her name removed from any professional register on account of misconduct and who has not been reinstated; or is not, in the Council's opinion, a fit and proper person to be registered.
was registered on the basis of incorrect information; or fails, without good reason and in the absence of an arrangement for deferred payment, to pay any amount owing to the Council on the due date or any extended date, may be cancelled in terms of this section.
The Council must notify such a person df the intention to cancel his or her registration and call for'representations to be made within a specified reasonable time.
Unless the Council is thereafter satisfied that good grounds exist for such person's registration to continue, it must cancel that registration.
The Council must, at the written request of any registered person, remove his or her name from the register, but where an investigation into an alleged improper conduct by such a registered person is in progress or is to be held, such removal must not be made until any resultant misconduct proceedings have been concluded.
or resigned; or wishes to be registered in a different category, may apply to be re-registered.
If a person contemplated in subsection (4) has paid the prescribed application and registration fees and any arrear fees, subscriptions, recovery expenses and penalties, the Council must, subject to the provisions of this Act, re-register such person in the appropriate category.
Any person whose registration has been cancelled must return his or her certificate of registration to the Registrar within 30 days from the date upon which he or she is directed by the Registrar in writing to do so.
If the person referred to in subsection (1) cannot return a certificate as required, he or she must provide written reasons on affidavit to the Registrar's satisfaction for the inability to return the certificate.
The Council must consult with all voluntary associations and any person, body or industry determined by the Minister regarding the identification of certain areas of surveying work to be reserved for registered persons, including f work which may fallwithin the scope of any other profession.
After such consultation, the Council must prescribe the areas of surveying work to be reserved for each category of registered persons.
pretend to be, or in any manner hold himself or herself out or allow himself or herself to be held out as, a person registered in terms of this Act; or use the name of any registered person or any name or title referred to in section 13(1).
Notwithstanding the provisions of subsections (2) and (3), the Council may identify certain areas of work which may be carried out by persons registered in terms of other legislation, without subjecting such persons to the prohibitions contained in subsection (3).
The provisions of this section may not be construed as prohibiting any person from performing work reserved, if such work is performed in the service of or by order of and under the direction, control, supervision of or in a formal association with a registered person entitled to perform that reserved work and who must assume responsibility for any work so performed.
Recognition of voluntary.
Any voluntary association which has as its main object the promotion and protection of the interests of the surveying profession, and which applies its profit, if any, in promoting its said main object, may apply to the Council to be recognised as such.
The Council must, within 90 days after its first meeting, prescribe the requirements and procedure for the recognition of a voluntary association.
The Council may, if the voluntary association complies with the rules made under section 30 (2), recognise that organisation and issue to it a certificate of recognition.
A certificate of recognition is valid for a period of five years from the date of issue so long as the voluntary association continues to comply with the rules.
A voluntary association must, at least three months prior to the expiry of its recognition, apply in the prescribed manner to the Council for renewal thereof.
A voluntary association whose recognition has lapsed must on written request of the Registrar return its certificate of recognition to the Council within 30 days from the date upon which it is directed by the Registrar to do so, unless it provides written reasons on affidavit to the Registrar's satisfaction for not returning the certificate.
The Council must include in its rules a code of conduct for registered persons.
The Council is responsible for administering the code of conduct and must ensure that the code of conduct is available to registered persons and members of the public at all reasonable times.
to accurately represent his or her qualifications to practice surveying as well as his or her education and affiliations; and to respect the rights of every person and not violate any right of another person protected by the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996).
accepts remuneration for the performance of work reserved for registered persons from any person other than his or her client or employer without the prior approval of such client or employer; or fails to comply with the provisions of this Act.
Investigation of charge of improper conduct one or more investigating officers as it deems fit to investigate any charge of improper conduct.
the Council must, as soon as is reasonably possible, refer the matter for investigation.
investigate the matter; and obtain evidence to determine whether or not in his or her opinion the person concerned. should be charged or not, and if so, recommend to the Council what the contents of the charge in question should be.
has the right to be assisted or represented by another registered person or a legal representative; and is not obliged to make any statement and that any statement so made may be used in evidence against that registered person.
The investigating officer must, after the conclusion of the investigation, submit a report making his or her recommendations to the Council regarding any matter referred to it in terms of this section.
The Council must after considering the investigation report charge the registered person with improper conduct if the Council is convinced that sufficient grounds exist for such a charge to be made against such a registered person.
The Council must, by hand or registered mail, deliver to a registered person who is charged with misconduct a charge sheet setting out the details and nature of the charge together with a copy of the investigation report.
that he or she may, together with the admission or denial, submit a written explanation regarding the improper conduct with which he or she is charged; and of the period, which must be reasonable, within which his or her plea in terms of paragraph (a) and explanation in terms of paragraph (b) must be submitted to the Council.
may be imposed in respect of such charge, find such registered person guilty without referring the charge to a disciplinary tribunal and may impose an appropriate sanction.
The acquittal or the conviction of a registered person by a court of Jaw on a criminal charge is not a bar to conduct proceedings'against him or her under this Act on a charge of improper conduct, even if the facts stated in the charge of improper conduct would, if proved, constitute the offence stated in the criminal charge on which he or she was acquitted or convicted or any other offence of which he or she might have been acquitted or convicted at his or her trial on the criminal charge.
may be imposed in respect of such charge.
a person qualified in law and who has at least five years' experience in the legal profession; and a person with specialised knowledge of matters concerning the charge if the Council deems it necessary.
The members of the disciplinary tribunal must amongst themselves elect a chairperson to chair the proceedings.
The Registrar must perform the administrative functions necessary to support the functioning of a disciplinary tribunal.
who in its opinion may be able to give material information concerning the subject of the hearing; or who it suspects or believes has in his or her possession or custody or under his or her control any book, document or object which has any bearing on the subject of the hearing, to appear before the disciplinary tribunal at the time and place specified in the subpoena, to be questioned or to produce a book, document or object.
be signed by the chairperson of the disciplinary tribunal or, in his or her absence, any member ot the disciplinary tribunal; and be served on the subpoenaed person personally or by sending it by registered mail.
for the duration of the hearing.
The chairperson of the disciplinary tribunal may call upon and administer an oath to, or take an affirmation from, any witness.
without sufficient cause, fail to answer fully and satisfactorily to the best of his or her knowledge to all questions lawfully put to him or her; or fail to produce any book, document or object in his or her possession or custody or under his or her control which he or she is required to produce.
A witness who has been subpoenaed must remain in attendance until excused by the chairperson of the disciplinary tribunal from further attendance.
A witness who has been subpoenaed may request that the names of the members of the disciplinary tribunal be made available to him or her.
The law relating to privilege, as applicable to a witness subpoenaed to give evidence or to produce a book, document or object in a civil trial before a court of law must, with the necessary changes, apply in relation to the examination of, or the production of any book, document or object to the disciplinary tribunal by, any person called in terms of this section as a witness.
A witness may not, after having been sworn or having been affirmed as a witness, give a false statement on any matter, knowing that answer or statement to be false.
No person may unlawfully prevent another person from complying with a subpoena or from giving evidence or producing a book, document or object which he or she, in terms of this section, is required to give or produce.
the record is accompanied by a certificate from the chairperson of the relevant disciplinary tribunal; and the certificate-certifies that the investigation was lawful, reasonable and procedurally fair.
If the improper conduct with which the registered person is charged amounts to an offence of which he or she has been convicted by a court of law, a certified copy of the record of his or her trial and conviction by that court is, on the identification of the registered person as the person referred to in the record, sufficient proof of the commission by him or her of that offence, unless the conviction has been set aside by a superior court.
The Council may prescribe procedures not inconsistent with this Act for the effective performance of the functions of a disciplinary tribunal.
within 14 days after its decision and in writing, inform the registered person charged and the Council of the finding and the reasons for such finding; and inform the registered person of his or her right of appeal in terms of section 27.
The Council or a registered person found guilty of improper conduct in terms of this Act may offer evidence, including calling witnesses, to establish any aggravating or mitigating circumstances which the disciplinary tribunal must consider in determining an appropriate sanction.
impose on him or her a fine not exceeding the amount calculated according to the ratio for one year imprisonment determined in terms of the Adjustment of Fines Act, 1991 (Act No.
The disciplinary tribunal may act under more than one of the subparagraphs of paragraph (a).
The disciplinary tribunal may, but is not obliged to, award costs as may be just against the Council or the registered person charged.
At the conclusion of the hearing the disciplinary tribunal must notify the Council of its decision.
The Council must publish the outcome of the disciplinary hearing in its annual reporl andmay-publisbitin any other manner it considers fit.
The Council must give effect to the decision of the disciplinary tribunal.
The Registrar must keep a record of the proceedings of every tribunal hearing.
There is hereby established an Appeal Board with jurisdiction to hear appeals in terms of this Act.
Two members of the public of whom at least one person is qualified in law and has at least five years' experience in the legal profession.
The Minister must appoint, from the members of the Appeal Board, a chairperson and a deputy chairperson and an alternate chairperson of the Appeal Board.
When the chairperson is unable to perform the functions of that office, they shall be performed by the deputy chairperson or, if he or she is also unable to do so, by the alternate chairperson.
The Minister must take into account, among other things, the principles of transparency and representivity when he or, she appoints members of the Appeal Board.
disqualified from membership of the Appeal Board and upon which a member must vacate his or her office, are those referred to in section 5(1), and (d),and in addition, a member office if the member has, without leave of the chairperson of the Appeal Board, been absent from two or more sittings of the Appeal Board during a year.
The chairperson or deputy chairperson may vacate his or her office as such, and such vacation does not terminate his or her membership of the Appeal Board.
An appeal must be heard by not fewer than three members of the Appeal Board, including the chairperson.
A decision of the majority of the members of the Appeal Board present at any meeting in terms of this section constitutes a decision of the Appeal Board.
In the event of a deadlock at a meeting the chairperson has a casting vote in addition to a deliberative vote.
The Appeal Board must conduct appeals in accordance with rules made by the Council under section 30(2).
The Appeal Board must decide an appeal within 60 days after the appeal was lodged and, within the same period, inform the appellant and the Council of its decision.
The Appeal Board must keep a record of proceedings of every sitting held in terms of this section.
The Registrar must perform administrative functions necessary to support the functioning of the Appeal Board.
The remuneration and allowances of the chairperson, the deputy chairperson and every other member of the Appeal Board must be paid out of the funds of the Council as the Minister, with the concurrence of the Minister of Finance, may determine from time to time.
a person aggrieved by a decision of the Council in terms of sections 13 and 14; and a person objecting to a rule in terms of section 30 (4).
Appeal Board must consider and decide the appeal.
uphold an appeal against such a rule or a decision of the Council wholly or in part and set aside or vary the rule, decision, finding or sentence or both the finding and the sentence and must in writing inform the appellant and the Council of its decision and the reasons for it; or award costs as may be just.
If an appeal is dismissed in terms of section 27 (3) (a), the appellant may through the Registrar request the Appeal Board in writing to furnish him or her with its reasons for the decision within 30 days after receipt of the request.
The appellant may, after giving notice to the Appeal Board, lodge a notice of appeal with the Registrar of the High Court of South Africa within 30 days from the date of the decision of the Appeal Board or of receipt of the reasons for the Appeal Board's decision.
The Council may appeal to the High Court of South Africa against any decision of the Appeal Board in terms of section 27(3)(6).
The Council must, after giving notice to the Appeal Board, lodge a notice of appeal with the Registrar of the High Court of South Africa within 30 days from the date of the decision of the Appeal Board.
The Council may annually, but must at least every three years, after consultation with voluntary associations, determine guideline professional fees and publish such fees in the Gazette.
The Council must, before determining the guideline fees in terms of subsection (l), publish a draft of the proposed guideline fees in the Gazette together with a notice calling on interested persons to comment in writing witl-Jn a period of not less than 30 days after such publication, and must consider any comments received.
any other matter for the better execution of this Act.
The Minister must, before making any regulation under subsection (I), publish a draft of the proposed regulation, repeal or amendment in the Gazette together with a notice calling on interested persons or voluntary associations to comment in writing within a period not less than 30 days from the date of publication of the notice.
If the Minister alters the draft regulations as a result of any comment, he or she needs not 'publish those alterations before making the regulations.
generally all matters necessary for or incidental to the exercise of the powers and performance of the functions of a disciplinary tribunal and the Appeal Board; and the fees payable in respect of the lodging of an appeal under this Act and the copying or transcription of records of a disciplinary tribunal or Appeal Board.
Before the Council makes, repeals or amends any rule under this section, it must publish a draft of the proposed rule, repeal or amendment in the Gazette together with a notice calling on interested persons and voluntary associations to comment in writing within a period not less than 30 days from the date of publication of the notice.
If the Council alters the draft. rules. as a result of any comment, it needs not publish those alterations before making the rule.
comment after such publication; or appeal to the Appeal Board against such a rule.
The register serves as evidence of all matters which are required to be or may be entered therein by or under this Act.
A certificate purporting to be signed by the Registrar to the effect. that an entry has or has not been made in the register or that any other thing by or under this Act has or has not been done, is evidence of the matters mentioned in that certificate.
A copy of an entry in the register or of a document in the custody of the Registrar, or of an extract from the register or from any such document, purporting to be certified by the Registrar, must be admitted in evidence in any disciplinary tribunal, Appeal Board hearing or court of law without further proof or production of the original.
if satisfied that such failure was due to an error or oversight and that it would not be to the detriment of any person affected by such failure, and after that person has been informed of such failure, where applicable, authorise it to be done or performed on or before any other day or at any other time or during any other period, and anything done or performed during this period is of full force and effect and is deemed to have been lawfully done or performed in accordance with the provisions of this Act.
The Council, or any member, committee or official thereof, is not liable in respect of any legal proceedings in relation to an act performed in good faith in terms of this Act.
fails to perform an act; or informs the Council or any other appropriate authority of an act, or failure to perform an act, by any other person, which act or failure endangers or is likely to endanger the safety or health of the public or fellow employees, is not liable with respect to any legal proceedings in relation to a refusal, omission or information contemplated in this subsection.
Any person who was registered in terms of this Act and whose registration has been cancelled, is liable for any action taken against him or her while he or she was a registered person.
Board and the power to make regulations, to the Director-General or any other official of the Department.
and (iv) or (0 is guilty of an offence.
hW-for worK--done during the periorof contravention or to a maximum fine equal to the fine calculated according to the ratio determined for a period of three years' imprisonment in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991).
of the Act, is liable to a maximum fine equal to the fine calculated according to the ratio determined for one month's imprisonment in terms of the Adjustment of Fines Act, 1991.
and (iv) or (0 is liable to a maximum fine equal to the fine calculated according to the ratio determined for three years' imprisonment in terms of the Adjustment of Fines Act, 1991.
Any person who is convicted of an offence of contravening the provisions of any other section of this Act, is liable to a maximum fine equal to the fine calculated according to-the ratio determined for one month's imprisonment in terms of the Adjustment of Fines Act, 1991.
In addition to, and independently of, any criminal proceedings contemplated or instituted against a person or body referred to in subsection (l), the Council may, in any court having jurisdiction, institute any civil proceedings against such person or body in order to compel compliance with the relevant provisions of this Act or to interdict any contravention thereof or for any related purpose.
For the purposes of this section, 'effective date' means the date of the first meeting of the Council.
The South African Council for Professional and Technical Surveyors established by section 2 of the Professional and Technical Surveyors' Act, 1984 (Act No.40 of 1984), continues to exist and may exercise its powers and perform its duties and functions after the commencement of this Act until the effective date, on which date that council will cease to exist.
as a surveyor or geoinformation technologist, is entitled to be registered under this Act as a survey technologist; and as a professional surveyor or professional geoinformation practitioner, is entitled to be registered under this Act as a professional surveyor, and must, on applying for registration in terms of this Act, be registered accordingly and issued with the appropriate registration certificate.
or on such later date as the'Minister may determine and publish in an appropriate notice in the Gazette.
Notwithstanding any other provision of this Act, a person contemplated in subsection (3) who wishes to continue to practice in the profession must be registered in terms of this Act by no later than the end of the transitional period contemplated in subsection (4).
Council and the Council is deemed to have acquired or incurred those rights, obligations, assets and liabilities in terms of this Act.
Any act performed, decision taken, or rule made or purported to have been so performed, taken or made in terms of the Professional and Technical Surveyors' Act, 1984, remains valid unless substituted by any act performed, decision taken or rule made under this Act.
Any notice issued or exemption granted by the Minister in term of the Professional and Technical Surveyors' Act, 1984, remains valid unless substituted by a notice issued or exemption granted under this Act.
Surveyors' Act, 1984, which is pending at the cornmencement date of this Act, must be finalised in terms of that Act.
The Professional and Technical Surveyors' Act, 1984, is hereby repealed.
The laws mentioned in the Schedule to this Act are hereby amended to the extent set out in the third column of the Schedule.
This Act is called the Surveying Profession Act, 2005, and comes into operation on a date fixed by the President by proclamation in the Gazette.
By the substitution in section 1 for definition of "land surveyor" of the followin!
Survevinc Profession Act, 2005, and whose name i!
the Minister shall, subject to section 50 and the Public Service Act.
to be styled the Chief Director Surveys and Mapping.
Profession Act, 2005.
or 2 as the case may be.
A member of the Board referred to.
Council may, at any time remove thz member from office on grounds c misbehaviour, incapacity or incompetence.
Technical Surveyors, as the case may be may appoint a person to fill the vacancy foi the unexpired part of the term for which the member was appointed or nominated.
The surveying profession in South Africa is regulated by the Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984) ("the Act"). The South African Council for Professional and Technical Surveyors, established by the Act, controls the education, training, registration and discipline of surveyors registered in terms of the Act.
The Act provides for the registration of different categories of surveyors. Each of the categories are divided into different fields af namely engineering, mining, cadastral and topographic surveyors.
1.3 In spite of various initiatives by the said Council, the profession is still far from being representative of the South African demographics. Other areas where the profession needs to be transformed are, inter alia, the composition of the Council itself, the entry requirements into the profession, the funding of the Council, rationalisation of the categories of surveyors, work reservation and disciplinary procedures.
benefit of-present and future generations, the Surveying Profession Bill has been drafted.
Chapter 1 of the Bill contains the definitions and surveying profession principles.
2, inter alia, acknowledges that surveying and the surveying profession are areas of expertise involving a number of activities. It acknowledges that surveying must pursue and serve the interests of the public to benefit the present and future generations. It obliges the South African Council for Surveyors ("the Council") to strive to achieve the transformation of the profession to ensure its legitimacy and effectiveness and to achieve high standards of quality and integrity in the profession.
2.2 Chapter 2 provides for the establishment of the Council, its constitution, membership, committees, functions, powers and duties, meetings, decisions, remuneration of members, its funds and the keeping and auditing of accounts. In terms of clause 3 the Council to be established is a juristic person consisting of not more than 19 members to be appointed by the Minister after nominations by the public have been called for. The appointment of members in terms of clause 4 by the Minister will ensure the constitution of a more representative Council because at present the appointments are made from nominations by the professional bodies.
2.3 Clause 5 of the Bill provides for the disqualification of persons as members of the Council and vacation of office.
2.4 Clause 6 of the Bill empowers the Council to establish committees to assist it in the performance of its functions. The Council is obliged to establish an Education and Training Committee to serve solely as a committee on educational and training matters and to advise or assist the Council on these matters.
2.5 Clause 7 of the Bill provides for the functions of the Council. These functions are aimed at regulating the surveying profession in order to promote and protect the public interest, to register persons as surveyors, to institute and enforce disciplinary action, to support the functioning of disciplinary and appeal structures and to ensure and promote a high quality of training. These functions will promote and protect the interests of both the surveying profession and the public.
2.6 Clause 8 of the Bill provides for the powers and duties of the Council with regard to administrative, registration of persons, fees, education and training, financial and general matters. A Registrar who is responsible for the registration of persons in the categories of registered persons must be appointed. The Council must keep and maintain a register of registered persons, which register will be open for public inspection. To determine competency standards, the Council must consult with the South African Qualifications Authority. Accredited visits must be paid to educational institutions which have departments, schools or faculties of surveying, geomatics and geoinformation scienqe.
Matters pertaining to education and training must be dealt with in consultation with the Council on Higher Education. As far as finance is concerned, the Council is empowered to collect moneys due to it, invest funds, raise loans, lend money and mortgage immovable property. The Council may also acquire or lease movable or immovable property.
2.7 Clause 9 of the Bill determines the meetings of the Council.
2.9 Clause 11 of the Bill determines the remuneration of me of the Council and committees of the Council who are not in the full-time e State. Such members are paid out of the Council's funds. The remu on and allowances are determined by the Minister with the concurrence of the Mirif'ster of Finance.
2.10 Clause 12 of the Bill provides for the Council's funds and the keeping and auditing of records. The Minister may, with the concurrence of the Minister of Finance, on receipt of a budgeted request, grant to the Council, out of money appropriated by Parliament, such amount the Minister considers necessary. At present the Council has to contend with funding received from inadequate registration fees. The funding from the budget of the Department will enable the Council to carry out its duties and responsibilities more effectively. The Council's statement and balance sheet must at the close of the financial year be audited by a registered auditor.
2.11 Chapter 3 of the Bills deals with the categories of registered persons, the cancellation of registration of such persons, the return of registration certificates and the identification of surveying profession work. In terms of clause 13 of the Bill, the existing categories of registration are reduced to four, namely candidate surveyor, survey technician, survey technologist and professional surveyor. The entry requirements for each category are brought into line with the South African Qualifications Authority Act, 1995 (Act No. 58 of 1995) and refer only to National Qualifications Framework level. The existing barriers whereby technical surveyors cannot become professionals without completing a university degree, are thus eliminated. The Act does not provide for work reservation and consequently there is no incentive for people to register. The exception is in terms of the Land Survey Act, 1997 (Act No. 8 of 1997), where only registered professional land surveyors may perform cadastral surveys. The provision with regard to work reservation should, therefore, encourage surveyors to register, which will be in the interest of both the surveying profession and the public.
2.12 Clause 14 of the Bill provides for circumstances when a registered person's registration may be cancelled. The person must, however, be notified of the intended cancellation and be given an opportunity to make representations before a decision is taken in respect of the cancellation of registration. In terms of clause 12 of the Bill, a person whose certificate has been cancelled, must W return the certificate of registration to the Registrar within 30 days. This is to protect the public from surveyors performing work for which they are no longer registered.
Clause 16 of the Bill obliges the Council to consult with voluntary associations and any person, body or industry determined by the Minister, pertaining to the identification of areas of surveying work to be reserved for registered persons. The Council may even identify areas of work which may be carried out by persons registered in terms of other legislation. -This 1s to ensure that persons registered perform work for which they are properly trained and to protect the interests of registered persons and the public. This will also contribute to the quality of the work performed.
2.14 Chapter 4 of the Bill deals with the recognition of voluntary associations by the Council. In terms of clause 17 of the Bill, the Council may recognise any voluntary association which has as its main object the promotion and protection of the interests of the surveying profession and which applies its profit in promoting its main objects, as a voluntary association. The recognition of voluntary associations as contemplated in the Bill, could obviously only benefit the surveying profession.
2.15 Chapter 5 of the Bill deals with professional conduct. A code of conduct for registered persons, which must also be available to members of the public, must be provided by the Council.
of the Bill contains a number of requirements pertaining to proper conduct.
determines when a registered person is guilty of improper conduct.
2.16 Clause 19 provides for the appointment of investigating officers to investigate charges of improper conduct. A registered person's right to a fair investigation is protected because he or she may not be questioned unless he or she is informed of the right to be assisted or represented by another registered person or a legal representative and that he or she is not obliged to make a statement and that any statement made may be used in evidence against him or her. After the investigation the investigating officer must submit a report with his or her recommendations to the Council.
2.17 In terms of clause 20 the Council must charge the registered person with improper conduct if sufficient grounds exist. A charge sheet must be delivered to the registered person who may admit or deny the charge. If a registered person charged has admitted his or her guilt of the charge, the Council may find such person guilty without referring the charge to a disciplinary tribunal.
2.18 Clause 21 provides for the appointment of a disciplinary tribunal by the Council if the person charged of improper conduct denies or admits the charge and the charge is subject to the imposition of certain sanctions. The constitution of the members of the disciplinary tribunal is such that the interests of both the Council and the person charged will be served.
2.19 Clause 22 regulates the disciplinary hearing process. The person charged must be subpoenaed to appear before the disciplinary tribunal. The disciplinary tribunal may retain any book, document or object produced for the duration of the hearing and the law pertaining to privilege applicable to a witness subpoenaed to give evidence or to produce a book, document or object in a trial before a court of law, applies to disciplinary tribunal hearings. Any record of evidence on the charge before the disciplinary tribunal which was presented before any tribunal which investigated an event or conduct relating to the hearing before the disciplinary hearing, is admissible without any further evidence if the chairperson of the disciplinary hearing of first instance certifies that the investigation was lawful, reasonable and procedurally fair. If the improper conduct with which the registered person is charged, amounts to an offence to which the person has been convicted by a court of law, a certified copy of the record of the trail and conviction by the court, serves as sufficient proof of the commission of that offence, unless the conviction has been set aside by a superior court.
2.20 Clause 23 regulates the proceedings after the disciplinary tribunal hearing. The disciplinary tribunal must within 30 days decide if the person is guilty of improper conduct and within 14 days after the decision inform the person of the reasons for its findings. The person charged must be in formed of his or her right to appeal against the findings. Both the Council and the person, if found guilty of improper conduct, are allowed to offer evidence to establish aggravating or mitigating circumstances before the Council determines an appropriate sanction. At the conclusion of the hearing the disciplinary tribunal must notify the Council of its decision and the outcome of the disciplinary hearing must be published in the Council's annual report and may also be published in any other manner the Council considers fit.
2.21 Chapter 6 regulates the establishment of an Appeal Board and its functioning.
and consists of 5 members appointed by the Minister. Three registered persons who have been practicing or teaching surveying for a period of not less than five years and two members of the public of whom at least one person is qualified in law with at least five years experience in the legal profession, must be appointed. The Minister must call for nominations, by notice in the Gazette and at least one national newspaper and any other appropriate media, and invite interested persons, voluntary associations and organisations to submit nominations for the appointment of members. In order to enhance the transformation process it is required from the Minister to take the principles of transparency and representivity into account and to have due regard to the surveying profession principles, the categories and branches of the surveying profession and the need to ensure and promote gender, disability and other demographic representivity.
2.22 Clause 25 regulates the meetings, procedures and administration of the Appeal Board. An appeal must be heard by not fewer than three members of the Appeal Board and a decision of the members present at a meeting constitutes a decision of the Appeal Board. Appeals must be conducted in accordance with the rules made by the Council. An appeal must be decided within 60 days from the date of lodgment and the appellant and the Council must be informed of the decision within the same period. The Registrar performs the administrative functions of the Appeal Board and keeps records of the proceedings.
2.23 Clause 26 regulates the remuneration and allowances of members of the Appeal Board. Members are paid out of the Council's funds as the Minister, with the concurrence of the Minister of Finance, from time to time determines.
2.24 Clause 27 deals with appeals against decisions of the Council and disciplinary tribunal. An appeal may by lodged by a person found guilty of improper conduct who is aggrieved by a finding of the disciplinary tribunal or the sentence imposed or a person aggrieved by a decision of the Council or a person objecting to a rule made by the Council. The Appeal Board may dismiss or uphold an appeal.
2.25 Clause 28 provides for an appeal to the High Court if an appeal is dismissed by the Appeal Board. The appellant must give notice to the Appeal Board of an appeal to the High Court. This clause also empowers the Council to appeal to the High Court against any decision of the Appeal Board.
2.26 Chapter 7regulates certain general issues. Clause 29 empowers the Council to determine guideline professional fees after consultation with voluntary associations. A draft of the guideline fees must be published in the Gazette for comment by interested persons.
2.27 Clause 30 empowers the Minister to make regulations and the Council to make rules, by notice in the Gazette. In both instances the draft regulations and rules must be published in the Gazette together with a notice calling on interested persons or voluntary associations for comment. The Council may, if circumstances necessitate the immediate publication of a rule, publish the rule without consultation. Any person objecting to the rule may, however, comment after the publication or appeal to the Appeal Board.
2.28 Clause 31 deals with procedures and evidence with regard to the entering of information in the register to be kept by the Registrar and certificates purporting to be signed by the Registrar.
2.29 Clause 32 deals with the rectification of errors where the Minister is empowered to authorise anything which is required to be done or performed on or before a specified time or during a specified period has not been done or performed, if the Minister is satisfied that the failure was due to an error or oversight.
2.30 Clause 33 provides for liability by determining that the Council, or any member, committee or official thereof, is not liable in respect of any legal proceedings in relation to an act performed in good faith. This clause also exempts registered persons who in the public interest, refuses or fails to perforrx certain acts endangering the safety or health of the public or fellow employees, from liability.
2.31 Clause 34 seeks to empower the Minister to delegate certain powers to the Director-General or other official in the Department and also empowers the Council to delegate certain of its powers to a committee, an official 'or a member of the Council.
2.32 Clause 35 provides for offences and penalties.
South African Council for Professional and Technical Surveyors continues to exist and may exercise its powers and perform its duties until the date of the first meeting of the Council, on which date the former Council ceases to exist. This clause also deals with the transition of the existing categories of surveyors to the new categories contemplated in the Bill and the appropriate registration of persons for the new categories.
2.34 Clause 37 provides for the repeal and amendment of laws.
2.35 Clause 38 determines that the State is bound by the Act.
2.36 Clause 39 contains the short title and the date of commencement of the Act.
The only financial implications are those relating to the funding of the Council's and the Appeal Board's activities. These are estimated at about R 3 million per year.
All the staff members in the Chief Directorates of Cadastral Surveys and of Surveys and Mapping in the Department have been consulted. After publication of the Bill specific stakeholders will be consulted. These include the present Council, the provincial Institutes of Land Surveyors, the Mine Surveyors and the Institute for Technical Surveyors.
The State Law Advisers and the Department of Land Affairs are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it' contains no provisions to which the Drocedure set out in section 74 or 76 of the Constitution amlies.
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I, Angela Thokozile Didiza, Minister of Agriculture hereby publish the Liquor Products Amendment Bill, 2005, for comment by the general public.
To amend the Liquor Products Act, 1989, so as to insert definitions and to amend and delete others; to provide for the reconstitution of the Wine and Spirit Board; to amend the requirements regarding wine; to provide for the requirements regarding other fermented beverages; to repeal the provision in respect of the authorizations regarding certain alcoholic products; to extend the particulars required in connection with the sale of liquor products in containers; to empower the Minister to prohibit the use of geographical names under certain circumstances; to make other provisions for the establishment of schemes; to curtail the board's power regarding the import and export of liquor products; to empower the Minister to designate a person to issue export certificates; to provide for international obligations; to extend the Minister's power to make regulations; to provide gender-equal terminology; and to provide for matters connected therewith.
of Act 60 of 1989 1.
"; and by the deletion of the definition of "specially authorized liquor".
Amendment of section 2 of Act 60 of 1989, as amended by section Iof Act 11 of 1993 2.
the Minister may appoint such persons representative of participants to schemes as he or she may deem fit [in the place of the persons required to be nominated by that body].
in any other case, for [such period, but not exceeding] five years, [as the Minister may determine at the time of appointment of that member or alternate member] and such member or alternate member shall after the expiration of the said period continue in office for a further period, but not exceeding three months, until his or her successor has been appointed.
appoint [any] 3 person designated by the board in accordance with the prescribed directions, in his her place for the unexpired period of his or her term of office.
[concerned notifies the Director-General in writing that such member or alternate member shall no longer serve on the board as nominee of that body] he or she ceases to qualifv as a representative of participants to schemes in terms of the prescribed directions.
"(9) There may be paid to [a member and an alternate member] the chairperson of the board and a member of a committee referred to in subsection (8)who are not in the full-time employment of the State, from the funds of the board such remuneration and allowances as the [Minister] board may [with the concurrence of the Minister of Finance] determine in general or in any particular case."
Amendment of section 4 of Act 60 of 1989 3.
of subsection (2).
Amendment of section 5 of Act 60 of 1989 4.
be produced in such a manner that it complies with the prescribed requirements for wine or a particular prescribed class thereof.
Insertion of section 6A in Act 60 of 1989 5.
other fermented beverages 6A.
not be wine, an alcoholic fruit beverage, a spirit, a grape-yase liquor or a spirit-based liquor.
An other fermented beverage shall not contain a particular prescribed substance to a qreater extent than €hat prescribed.
add to or remove from the prescribed substance referred to in that paragraph.
and so add or remove a substance so prescribed, otherwise than in accordance with the prescribed manner or conditions.
Repeal of section 10 of Act 60 of 1989 6. Section 10 of the principal Act is hereby repealed.
Amendment of section 11 of Act 60 of 1989 7.
"(1) No person shall sell any liquor product in a container, unless the applicable prescribed particulars are indicated in the prescribed manner on the label thereof, on such container and on the receptacle of such container."
gemagtigde drank", unless it forms part of a class designation for the liquor product concerned;".
Insertion of section 13 in Act 60 of 1989 8.
The Minister may, taking account of the Republic's international obliqations, by notice in the Gazette prohibit the use of specified geoqraphica l names in connection with the sale or export of a specified liquor product on such conditions as may be specified in such notice.
is translated; or is accompanied by an expression such as "kind", "tvpe", "stvle", "imitation" or a similar expression.
Amendment of section 14 of Act 60 of 1989 9.
or (b) of the Wine and Spirit Control Act, 1970 (Act No.
in connection with the sale of the said liquor products.
"(a) An import certificate shall be issued on the conditions determined by the administering officer [or, in the case of a product referred to in subsection (3)(b), the board].".
Amendment of section 17 of Act 60 or 1989 11.
"(b) in the case of a liquor product derived from srapes and when required by regulation, the board has in the prescribed manner found the product concerned to be suitable for export."
of this section, the Minister may, iuristic person, bodv of persons or institution to exercise the powers and carry out the duties referred to in this section.
Amendment of section 23 of Act 60 of 1989, as amended by section 4 of Act 11 of 1993 12.
Substitution of section 26 of Act 60 of 1989 13.
International if the Republic's international obligations so dictate. bv notice in the Gazette declare, on such conditions as may be specified in such notice, any Drovision of this Act not aDDlicable to anv product with an alcohol content of more than one percent imported into the Republic for drinking purposes..
Amendment of section 27 of Act 60 of 1989 14.
General amendment to Act 60 of 1989 15.
wherever they appear in the Act, of the words "he or she", "his or her", "him or her" and "himself or herself' respectively.
Members of the board in office immediately prior to the commencement of the Liquor Products Amendment Act, 2005, shall remain in office until the appointment of members of the board under this Act as amended by the provisions of the Liquor Products Amendment Act, 2005.
This Act shall be called the Liquor Products Amendment Act, 2005, and shall come into operation on a date fixed by the State President by proclamation in the Gazette.
Different dates may be fixed under subsection (1) in respect of different provisions of this Act.
<fn>GOV-ZA.2825En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2826En.2012-02-10.en.txt</fn>
No other sporting event captures the world's imagination like the FIFA World Cupâ. Ever since the first tentative competition in Uruguay in 1930, FIFA's flagship has constantly grown in popularity and prestige.
A group of visionary French football administrators, led in the 1920s by the innovative Jules Rimet, are credited with the original idea of bringing the world's strongest national football teams together to compete for the title of World Champions. The original gold trophy bore Jules Rimet's name and was contested three times in the 1930s, before the Second World War put a 12-year stop to the competition.
When it resumed, the FIFA World Cup rapidly advanced to its undisputed status as the greatest single sporting event of the modern world. Held since 1958 alternately in Europe and the Americas, the World Cup broke new ground with the Executive Committee's decision in May 1996 to select Korea and Japan as co-hosts for the 2002 edition.
Since 1930, the 16 tournaments have seen only seven different winners. However, the FIFA World Cup has also been punctuated by dramatic upsets that have helped create footballing history - the United States defeating England in 1950, North Korea's defeat of Italy in 1966, Cameroon's emergence in the 1980s and their opening match defeat of the Argentinean cup-holders in 1990.
Today, the FIFA World Cup holds the entire global public under its spell. An accumulated audience of over 37 billion people watched the France 98 tournament, including approximately 1.3 billion for the final alone, while over 2.7 million people flocked to watch the 64 matches in the French stadia.
After all these years and so many changes, however, the main focus of the FIFA World Cup remains the same - the glistening golden trophy, which is the embodiment of every footballer's ambition.
<fn>GOV-ZA.2829En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2830En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.28334En.2012-02-10.en.txt</fn>
2005, in the National Assembly.
of the Constitution of the Republic of South Africa, 1996.
BILL To amend the Constitution of the Republic of South Africa, 1996,so as to regulate responsibility in respect of the judicial and administrative functions of all courts; to provide for the conversion of the various High Courts into a single High Court of South Africa; to provide that the Constitutional Court is the highest court in all matters; to further regulate the jurisdiction of the Constitutional Court and the Supreme Court of Appeal; to provide for the appointment of two Deputy Presidents to the Supreme Court of Appeal; to restrict courts hm hearing a matter dealing with the suspension 04 or making an order suspending, the commencement of an Act of Parliament or a provincial Act;to provide for the appointment of Judges President and Deputy Judges President; to provide for the appointment of an Acting Deputy Chief Justice, an Acting Deputy President of the Supreme Court of Appeal and an Acting Deputy Judge President; and to provide for matters connected therewith.
The Chief Justice is the head of the iudicial authority and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the iudicial functions of all courts, other than the adiudication of any matter before a court of law.
The Cabinet member responsible for the administration of justice exercises authority over the administration and budget of all courts.
Court of South Mica or the Magistrates' Courts.
Amendment of section 167 of Constitution, as amended by section 11of Act 34 of 2001 3.
directly.
or in terms of an Act of Parliament; and other matter, if the Constitutional Court mints leave to appeal that matter on the grounds that the interests of justice require that the matter be decided bv the Constitutional Court.
[(c) makes the final decision whether a matter is a constitutional matter or whether an issue is connected with a decision on a constitutional matter.
(5) The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, [a] High Court of South Africa, or a court of similar status, before that order has any force.
The Constitutional Court makes the final decision whether a matter is a constitutional matter.
Amendment of section 168 of Constitution, as amended by section 12 ofAct 34 of 2001 4.
Court of appeal, in that matter. It may decide appeals in any matter arising from the High Court of South Africa or a court of a status similar to the High Court of South Africa.
issues connected with appeals; and any other matter that may be referred to it in circumstances defined by an Act of Parliament.
High Court of South Africa; and any other matter not assigned to another court by an Act of Parliament.
The High Court of South Mica consists of the Divisions. with the seats and the areas of iurisdiction, as determined in terms of an Act establish Divisions, with one or more seats in a Division. on the basis assign jurisdiction to a Division or a seat within a Division.
has the number of other iudges, as determined in terms of national legislat ion.
High Court of South Africa may not enquire into or rule on the constitutionality of any legislation or any conduct of the President.
High Court of South Mica or a court of similar status may make an order concerning the constitutional validity of an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the ConstitutionalCourt.
Despite any other provision of this Constitution, no court may hear a matter dealing: with the suspension of, or make an order suspending. the commencement of an Act of Parliament or a provincial Act.
The Constitutional Court, Supreme Court of Appeal and High [Courts] Court of South Mica each have the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of just ice. 'I.
Amendment of section 174 of Constitution, as amended by section 13 of Act 34 of 2001 9.
the Judicial Service Commission.
Court are amminted bv the President.
Substitution of section 175 of Constitution, as amended by section 14 of Act 34 of 2001 10.
Africa, if there is a vacancy in any of those respective positions, or if [a judge] the person holding; any such position is absent. [The] Any such appointment must be made on the recommendation of the Cabinet member responsible for the administration of justice acting after consultation with the [concurrenceof the] Chief Justice.
The Cabinet member responsible for the administration of justice must appoint acting judges to other courts after consulting the senior judge of the court on which the acting judge will serve.
A person holding an acting position in terms of this section has the responsibilities, powers and functions of the iudicial office in which the person is acting. 'I.
Amendment of section 178 of Constitution, as amended by section 2 of Act 65 of 1998 and section 16 of Act 34 of 2001 11.
South Africa, the Judge President of that [Court] Division and the Premier of the province concerned, or an alternate designated by each of them.
Deputy President of the Supreme Court of Appeal, as the case may be, acts as his or her alternate on the Commission.
Amendment of Schedule 6 to Constitution, as amended by section 3 of Act 35 of 1997, section 5 of Act 65 of'1998 and section 20 of Act 34 of 2001 12.
of the new Constitution takes effect, as a Judge President, Deputy Judge President or a iudge of a High Court or any court of a status similar to the High Court.
President, Deputv Judge President or judge of the relevant Division of the High Court of South Afiica or such other court in accordance with the provisions of that Act.
This Act is called the Constitution Fourteenth Amendment Act of 2005, and comes into effect on a date set by the President by proclamation.
Courts Bill B 52-20031, and referred to the Portfolio Committee on Justice and Constitutional Development (National Assembly) (the Committee) for consideration. The Committee embarked on extensive public hearings regarding the draft legislation and received substantial inputs fxom a wide range of interested parties. Before Parliament adjourned for the April 2004 elections, the Committee issued instructions to the Department of Justice and Constitutional Development regarding amendments to the Bill, as well as the addition of new provisions.
Following the elections in 2004, the Superior Courts Bill was revived by the new Parliament. However, the Constitution Amendment Bill in question was allowed to lapse, thereby necessitating the introduction of a new Constitution Amendment Bill in order to mandate the structural changes envisaged in order to rationalise the Superior Courts (the Constitutional Court, Supreme Court of Appeal and the High Courts), as well as to give effect to certain instructions of the Committee.
Clause 1: Section 165 of the Constitution is amended in order to provide that the Chief Justice is the head of the judicial authority and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts, other than the adjudication of any matter before a court of law. The Cabinet member responsible for the administration of justice, in turn, exercises authority over the administration and budget of all courts. In this way the Commonwealth model of the separation of powers between the Executive and Judiciary is maintained and constitutionally entrenched, with the responsibility for the judicial functions of our courts being the sole preserve of the judiciary, and the responsibility for the administrative functions of the courts being the sole preserve of the relevant Minister.
Clauses 2 and 5: Sections 166 and 169 of the Constitution are amended so as to convert the various High Courts into a single "High Court of South Africa", comprising of the Divisions, with the seats and jurisdiction, as determined in terms of an Act of Parliament (the Superior Courts Bill).
Clause 3: Section 167 of the Constitution is amended so as to confirm the status of the Constitutional Court as the apex court, with jurisdiction in all constitutional matters and any other matter in which it may grant leave to appeal.
Clause 4: Section 168 of the Constitution is amended in order to provide for the appointment of a second Deputy President of the Supreme Court of Appeal. This results from the need to appoint a Deputy President of that Court who is dedicated to the management of labour appeals, following the abolition of the Labour Appeal Court (by the Superior Courts Bill).
Clause 7: An important new principle is introduced in section 172 of the Constitution, in that it provides that no court may hear a matter dealing with the suspension of, or make an order suspending, the commencement of an Act of Parliament or a provincial Act.
Clause 9 The amendment to section 174 of the Constitution provides that the President, as is the case with the judges of the Constitutional Court, will appoint the leadership (Judges President and Deputy Judges President) of the High Court of South Africa fiom a list of suitable candidates, submitted by the Judicial Service Commission.
Section 175 of the Constitution is amended in order to make provision for the appointment of acting judges in leadership positions.
Other amendments contained in the Billare of a consequential nature.
or Chapter 2.
<fn>GOV-ZA.28373En.2012-02-10.en.txt</fn>
of the Local Government: Municipal Demarcation Act, 1998, hereby records its view that the re-determinations of the boundaries of the Sisonke District Municipality [DC43], as set out in Notice No.
Provincial Gazette No. 6453 dated 28 December 2005, will affect the representationof voters in the councils of the municipalities affected thereby.
<fn>GOV-ZA.2838891En.2012-02-10.en.txt</fn>
The House met at 14:04.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
The Speaker announced that the vacancy which occurred in the National Assembly owing to the resignation of Mr M A Mangena on 1 May 2010 had been filled by the nomination of Mr K J Dikobo, with effect from 1 May 2010. The member had made and subscribed the oath in the Speaker's office on 11 May 2010.
4 May 2010 had been filled by the nomination of Mr K P Sithole, with effect from 4 May 2010.
Mr K P Sithole, accompanied by Mr R N Cebekhulu, made and subscribed the oath and took his seat.
recognises that today nurses combine science and care to provide a healthcare service that not only saves lives, but also builds on the legacy of the compassion of Florence Nightingale; and expresses its gratitude to all nurses in South Africa as they are the backbone of our health system.
expresses its sincere condolences to the families of those who lost their lives in the accident; and calls upon the relevant authorities to put measures in place to ensure that such accidents are avoided in future.
believes that Sheena Duncan will be sorely missed for her contribution and principled commitment to the fight against apartheid oppression, which led to the realisation of the dream of a democratic and non-racial South Africa;and conveys its heartfelt condolences to the Duncan family, their relatives and friends.
acknowledges that this achievement embraces public-private partnerships to the benefit of the people of South Africa; and congratulates the Minister of Health, Gauteng's MEC for Health and Social Development, Ms Ronel van Biljon, principal of the Johannesburg Hospital School, and, the chairman and CEO of Medscheme.
recalls that he had been proven to be prudent, accountable and transparent in his leadership and that the state now enjoys a surplus of N6.
acknowledges President Yar'Adua as a genuine peacemaker, whose initiatives, humility and respect began to bring confidence to the peace process in Nigeria; and conveys its deepest sympathy to his family, friends, colleagues and the people of Nigeria and assures them that the prayers and thoughts of the House go out to them during their time of mourning.
condones the continued existence of the Ad Hoc Committee; and extends the deadline by which it has to report to 30 September 2010.
That the House, notwithstanding the resolution it adopted on 18 February 2010, resolves to extend the deadline by which the Ad Hoc Committee on Coordinated Oversight on Service Delivery under the Theme: Working together to ensure the delivery of quality service to communities'' has to report, to 4 June 2010.
That the House ratifies the decision of the Speaker, taken in terms of Rule 2 of the Rules of the National Assembly and published in the Announcements, Tablings and Committee Reports on 3 May 2010, p 1156, to appoint Acting Chairpersons to chair meetings of Extended Public Committees.
The SPEAKER: Deputy Speaker, hon Deputy President, Ntate Kgalema Motlanthe, hon members and esteemed guests, we are exactly one year into the fourth Parliament of our young democracy. This year has been characterised by robust, wide-ranging, informative and, at times, entertaining debates. The atmosphere is, I would argue, one of heightened engagement and commitment to making a difference. This is a healthy development which, I hope, we can harness, direct and benefit from.
The Money Bills Amendment Procedure and Related Matters Act that we are implementing now provides Parliament with a window of opportunity in respect of our oversight work. Our focus has sharpened, and this budget will show how we intend to direct our energies and resources and also build on the legacy of previous Parliaments. We must be responsive and proactive as we seek to play an increasingly meaningful role in addressing the hopes and aspirations of our people.
Deputy Speaker, it will be recalled that when I addressed this House during the debate on Parliament's Budget Vote for the 2009-10 financial year, the global financial crisis was at its peak. During this period, our own economy shrank by about 1,8%, with mining and manufacturing output decreasing by 17%, and, critically, more than 900 000 jobs were lost.
However, this year we have seen better than expected recovery from the economic crisis, with a projected economic growth of 2,3% for 2010 rising to 3,6% by 2012. This morning, in his Budget Vote, Minister Pravin Gordhan said: "Revenue was about R8 billion more than expected, and expenditure a bit less. The budget deficit was 6,7% of the gross domestic product, GDP, which was rather better than the 7,3% that was anticipated, even though it was considerably wider than the 1% of GDP recorded in 2008-09."
Minister Gordhan also mentioned that "nationally and internationally, economic and financial developments continue to present formidable challenges, both to our understanding of the growth and development process and to the practical implementation of policy and government programmes". As our country, government and people grapple with these challenges, our work in Parliament continues to be to hold the executive to its promises and to work with them in lessening the hardships faced by the most vulnerable amongst us. Accountability and representation lie at the heart of democracy. Parliament is the central institution of any democracy through which the will of the people is expressed, laws are passed and government is held to account. Addressing the needs and concerns of our people must continue to be our primary objective.
We have started this fourth Parliament by setting strategic directions as expressed in our policy imperatives for 2009 to 2014, which was tabled in November 2009 and approved by the Parliamentary Oversight Authority this year. This Parliament will focus on the following five priorities: strengthening the oversight function; increasing public participation; strengthening co-operative government; widening the role of Parliament in international relations; and continuing to build an efficient, effective, and powerful institution of democracy. In this regard, we seek to ensure that Parliament develops into a strong institution that plays a significant role in democratic governance.
The first strategic policy priority is to establish mechanisms and processes for more effective oversight over the executive and to create a dedicated capacity for enhanced content support for committees, as well as a skills development programme for Members of Parliament. The implementation task team responsible for implementing the oversight model is expected to report on its progress to the Joint Rules Committee by the end of August 2010. Hon Chairperson Bapela will talk more about this issue later on.
The Money Bills Amendment Procedure and Related Matters Act, a key new oversight tool, enables Parliament to hold government accountable. For the first time, the South African Parliament has the power to amend the Budget, thus giving us the teeth to do effective oversight work. The challenge now is for committees and individual Members of Parliament to put their shoulders to the wheel and turn theory into practice and potential into concrete results. The Act is also not just about the Budget and Parliament's power to amend the Budget. In fact, I would argue that this Act prescribes a whole new approach to the budgetary process as it enables Parliament to interrogate the strategic deployment of resources by government. As such, knowledge and familiarity with this legislation and with budgetary processes is a key requirement for every member of this House. [Applause.
While the Money Bills Amendment Procedure and Related Matters Act does not confer on Parliament's carte blanche to amend the fiscal framework, strategic focus or even actual Budget allocations, the hand of Parliament to influence these is, however, considerably strengthened and enhanced. As already mentioned, the key challenge in the implementation of the Money Bills Amendment Procedure and Related Matters Act is to ensure that every member and every committee of this House has a detailed and thorough understanding of the working and expectation of this legislation. This is indeed one of the focus areas in the capacity-building programme for Members of Parliament. I understand that a two-day orientation workshop for members on the Money Bill will take place on 19 and 20 May, and I urge all members to make the time to attend.
The Act also makes provision for the establishment of a parliamentary budget office. This office will provide independent, objective and professional research, advice and analysis to Parliament on matters related to the Budget and other Money Bills. We need to ensure that in setting up this office, we take the opportunity to learn and benefit from other parliaments around the world that have already established similar budget offices.
Another key instrument for oversight is, of course, questions posed by Members of Parliament to the President and the executive. The Leader of Government Business, as we all know, is responsible for the co-ordination of the executive's interaction with Parliament, and together we have addressed the backlog of unanswered questions, which has led to some improvement in this regard. This, of course, is an ongoing process. Secondly, the quality of questions and replies, as well as the timeframes within which questions are replied to, is also under discussion, and we are expecting substantive improvements in this regard too.
The second strategic policy priority focuses on increasing public participation in the work of Parliament, especially in committees. We have realised the critical need to broaden public involvement in Parliament beyond our engagement with organised civil society organisations. Parliament must find ways through which ordinary citizens, even in the remote parts of our country, have access to Parliament and its processes.
Strengthening co-operative government is the third strategic policy priority for Parliament. The Speakers' Forum, comprised of the Presiding Officers of the National Assembly and all Speakers from the provincial legislatures, strives to promote coherence, co-operation and interdependence between national and provincial legislative sectors. In addition, Parliament aims to embark on an ambitious project to increase its contribution to nation-building through enhancing unity and democracy in our country.
The fourth strategic priority for our Parliament seeks to improve and strengthen Parliament's role in international relations. It also envisages a greater role for Parliament in the formative stages of international agreements and treaties. There has been a growing recognition that Parliament's role in international policy development must extend to more than mere ratification of treaties. Consultation between Parliament and government prior to and during negotiations of international agreements should take place as a matter of course.
The need for Parliament's active participation in this process is also recognised by the executive. This was further affirmed in the Budget Vote for the Department of Trade and Industry, and there, Minister Davies recommended that Parliament reviews its Rules to assert its constitutional power in ensuring greater participation during the negotiation phase of international trade agreements entered into by the executive. The Oversight Model currently being implemented also recommends that an oversight and accountability mechanism be established to give effect to this role of Parliament in international affairs.
In addition to ensuring Parliament's participation in international affairs, we also believe that strengthening regional and international institutions will assist in advancing regional co-operation and thereby help to consolidate Africa's position on international issues. We recognize the need to strengthen our regional and continental parliamentary bodies such as the SADC Parliamentary Forum and the Pan-African Parliament, which we host in South Africa. We also need to endow these institutions with the necessary political, material, financial and human resources necessary to carry out their mission.
The fifth strategic policy priority is to build an effective and efficient Parliament which subscribes to good governance, a high standard of professional ethics, and efficient use of scarce resources. The Financial Management of Parliament Act, which came into effect on 21 April 2009, requires of us as public representatives to uphold the highest standard of professional ethics in the management of public finances. The primary message that I believe members and management of Parliament must take from this Act is to ensure that Parliament is an example of best practice in the management of public funds.
Parliament's Accounting Officer, in the person of the Secretary to Parliament, must ensure that unauthorised, irregular, fruitless and wasteful expenditure is prevented and that appropriate steps are taken where such has occurred. Financial misconduct by any official of Parliament will be dealt with seriously and to the full extent of the provisions of the Act.
I now wish to turn to the actual allocations in the 2010-11 financial year. This year, Parliament received a total allocation of R1,572 billion, an increase of just over 6% relative to last year's budget allocation. This represents 1,92% of the total national Budget. This figure of R1,572 billion is divided into five programme areas. The allocation for the administration of Parliament is R317 million; the allocation for Legislation and Oversight is R282 million, and of this, R45 million goes to committees, which represents a R10 million increase for this financial year. The allocation for Public Participation and International Participation is R87 million. The allocation for Members' Facilities is R211 million. Members' remuneration is a direct charge against the National Revenue Fund and amounts to R393 million.
Parliament spent 94% of its total budget allocation during the 2009-10 financial year. This is a marked improvement when compared to previous financial years. Parliament's retained revenue has decreased significantly from R322 million in the 2006-07 financial year to R142 million in the 2009-10 financial year.
However, there are certain areas of our budget in the last financial year where underspending was particularly problematic. In reviewing the previous budget performance, the total allocation to committees of the National Assembly in the 2009-10 financial year, excluding internal management and joint committees, was R12,4 million. Preliminary indications are that committees spent only 69% of this allocation. This budget performance is attributed largely to the fact that this was a transitional year. Much of the year was spent on establishing new committees and in planning activities of the committees. If we agree - and I believe we do - that committees are the engine rooms of Parliament, where the actual work of Parliament is carried out, then any underexpenditure in functional area is certainly undesirable and in fact unacceptable.
The fourth Parliament only began to fully function in June 2009 after the induction of MPs and the establishment of committees. I must also point out that the-one-size-fits-all approach to the allocation of funds to committees, about which committees have rightly complained, is under review. It is recognised that these are some of the reasons for some underspending.
It is also important to emphasize that underspending could also be viewed as the result of bad planning and budgeting or the lack of capacity to spend effectively. In fact, underexpenditure of public funds is viewed with the same seriousness as overexpenditure since unspent allocations could have been utilised for other purposes. Where there are management problems or bottlenecks in the allocation and release of funds for committee work, this must be rectified as a matter of urgency.
I am encouraged that most committees, if not all, of the National Assembly have embarked on strategic planning processes and crafted strategic plans. We need to see the planned programmes of committees to know what additional resources, if any, are required and how these will be spent.
We have recognised the demands for better tools of trade and have attempted to address your requirements. Hon Skosana will again speak about this issue. We hope that the increased support and more to come will enhance your productivity. The wellbeing of members and staff of Parliament is, of course, a concern of the management of Parliament.
Before concluding, it would be remiss of me not to mention the 2010 Fifa Soccer World Cup kicking off in a month's time. The National Assembly has on three occasions shown our commitment to the event by passing two motions and hosting a joint debate with the NCOP on preparations for the Fifa World Cup. In June, before kickoff, the National Assembly will again have a debate on the World Cup, and it is hoped that the Fifa leadership, including Sepp Blatter and the Bafana Bafana squad will attend. In fact, to prepare members for their oversight work during the tournament, the Portfolio Committee on Sport and Recreation, I am told, has organised a one-day training workshop at the Cape Town stadium. The training will focus on two issues. One is the optimum use of the vuvuzela, and the other is techniques of the diski dance. [Laughter.
In a month's time, we will host the first Fifa Soccer World Cup on the African continent. As the world converges on our shores, we will be transformed from a rainbow nation to a rainbow of nations in arguably the world's biggest, most significant and most colourful sporting festival. South Africa, and indeed the rest of Africa, is all geared to welcome the world to a rich experience of culture, vibrancy and traditional African hospitality.
Our thoughts and, yes, even prayers are with Bafana Bafana. You will join me in hoping that Bafana Bafana will lift the trophy and make us proud. However, it doesn't matter which team wins; in the end, the beautiful game of soccer will be the winner. I thank you. [Applause.
The CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, hon Deputy President, hon members and distinguished guests, Parliament is a prime institution of representative democracy in our country. It consists of different parties with diverse ideological orientation and constituencies. However, all parties in this Parliament agree with our strategic objective of creating a nonracial, nonsexist, united, democratic and prosperous South Africa in which the value of all citizens is measured by our common humanity.
We have all endorsed the strategic priorities of government. This means that nation-building, social cohesion and delivery of quality services to all South Africans, both black and white, should be common concerns of all of us. This institution should, therefore, serve as a critical forum and resource for the expansion of transformational policies.
The ANC is also committed to respecting the Constitution, the independence of the judiciary, regular multiparty elections, equality before the law, and the strengthening of Chapter 9 institutions.
The fundamental role of Parliament is that of nation-building, legislation and oversight. Through its committees, Parliament should participate in the strengthening of representative and participatory democracy, the processing of legislation and ensuring sound public finance management. Our oversight model requires the establishment of mechanisms and processes for increased oversight.
We have characterised this institution as an activist Parliament, and its constituency offices as one-stop centres which should be optimally used for the outreach of Parliament. These one-stop centres or Parliamentary Constituency Offices must form part of a public involvement strategy focusing on public education, social mobilisation for nation-building, social cohesion and provision of information and mechanisms for popular participation and accountability.
The current budget allocation to Parliament should serve as a resource to support the nation-building heritage initiatives, the needs of Members of Parliament, constituency work and research capacity that will bolster the quality of debate and strengthen the oversight role of Parliament. In addition to the ability to generate information, the ability to challenge reports and question information supplied by the executive remains a challenge for this Parliament.
Parliament must connect with the people and act as their voice. It is a central institution in the advancement of the policy of both representative and participatory democracy. Accordingly, it must not only serve as an important platform for monitoring and advancing the priorities of government, but must also connect with the people through one-stop centre Parliamentary Constituency Offices to ensure popular participation. These offices should also facilitate development to ensure that people become their own liberators from poverty and underdevelopment. The ANC has the primary responsibility to resource Parliament and improve the role it plays towards building a developmental state based on the Freedom Charter and our Constitution.
Working together with other spheres of government, Parliament needs to foster increased co-operation to ensure the socioeconomic upliftment of our people. Our Parliament is one that is robust but constructive in its work for the better life of our people. In this regard, Parliament stands for the aspirations and needs of our people in a programmatic manner. This means that legislation and decisions that are taken and passed by the people's Parliament must result in the achievement of our five priorities.
The ANC manifesto endorses the principle of accountability and oversight role of deployees of the ANC to accelerate service delivery to create a better life for all South Africans. The work of public representatives needs to focus on strengthening linkages between people and their elected representatives. The visits of the ANC to service delivery hotspots have shown that the people have confidence in this government. They are still looking towards it for better and quality service delivery.
People require public representatives and officials to connect with them, report back and communicate the challenges facing government. Such interactions - as we have seen, for instance, with Orange Farm, Diepsloot and Kya Sands - helped to address the so-called "service delivery protests" and restored the confidence of the affected communities in this government. This was an affirmation of the critical role of an activist Parliament.
On 25 May 2010 Parliament will celebrate Africa Day. This celebration will be used to raise awareness about the African Agenda and renewal and the key role of unity and co-operation for peace-building and development on the continent. The celebration will also highlight the importance of establishing friendly societies on the continent and beyond.
The recent enactment of the Money Bills Amendment Procedure and Related Matters Act of 2009 has deepened Parliament's authority as enshrined in the Constitution. The Act gives Parliament the powers, for the first time since 1994, to amend the Budget, thereby ensuring that it is synchronised with the priorities our people have set for us. The Act allows Parliament to establish a budget office and appoint a director who will oversee its management, as the Speaker pointed out.
The work of government has become complex; it sometimes requires Rules to be amended, a dedicated support system and the necessary skills. The continued development of members and the preservation of knowledge are of critical importance. These developments should be aimed at empowering members for oversight-related work in plenary, committee processes and constituency work.
Parliament is elected to represent the people, ensure government by the people under the Constitution and represent provinces in the national sphere of government. In this regard, Parliament has a responsibility to ensure that public forums form part of democratic processes by understanding the role of Parliament and its involvement in the processes. This places an obligation on Parliament to ensure that democratic processes are well known and that they reach all citizens of our country. Thus, Parliament in its nature is a nation-building institution.
Taking Parliament to the people, announced or unannounced visits, matters of public hearings during the processing of Bills and the invitation of the contribution of experts and civil society strengthen the people's Parliament and deepens participatory democracy. Parliament is constituted by the National Assembly and the NCOP. Therefore, the practice of taking Parliament to the people must involve both Houses and not only the NCOP as it is currently the situation.
Our position emphasises the need for effective oversight and the building of a strong activist Parliament. This implies that Parliament is expected to play a vigorous oversight role over government departments to ensure accountability in the use of budget and necessary interventions for the acceleration of service delivery. Effective parliamentary oversight has thus become all the more crucial to ensure that these new responses are devised and implemented with full transparency and accountability. Parliamentarians are in regular contact with electorates and are well placed to ascertain their views. They can subsequently raise people's concerns in Parliament and ensure service delivery.
The work and impact of Parliament must be realized in such ways that people are keenly made aware of the role of Parliament. Constituency offices must be optimally used for the outreach of Parliament. These must form the centre of a public involvement strategy focusing on public education, the provision of education and the provision of mechanisms of participation and accountability.
The ANC manifesto endorses the principle of accountability and oversight role of deployees of the ANC to accelerate services for a better life of all our people. The collective work of Parliament and that of individual members needs to focus on strengthening linkages between people and their elected representatives. Our public representatives must be assisted to hold public hearings and involve the public in legislation and issues before Parliament. Committees must ensure mechanisms of working within communities to enhance the understanding of the role of Parliament in society as a whole.
Our democracy is both representative and participatory, and the Constitution provides for public participation processes of Parliament. The current public participation processes have to be reviewed to ensure that all sectors of society, including the rural, the poor and the youth are provided with greater access to committees, public hearings and the overall processes of Parliament. Parliament, as a central institution for advancement of representative and participatory democracy, must provide a platform for robust debate, constructive information, the provision of hope and aspirations for the nation and the contestation of ideas in order to make responsive and legitimate decision for a better life for all our people.
Section 45 of our Constitution states that a Joint Rules Committee must be established for the purpose of making Rules and Orders concerning the joint business of the Assembly and the Council. This matter will be given appropriate attention. In this regard, the Joint Rules Committee is the appropriate body to advise Parliament, in respect of the joint business of Parliament, on the manner in which it conducts constitutional mandates.
The vigorous oversight role of Parliament will eventually eliminate the quantum of qualified audits. Irrespective of merits and demerits of such qualified audits and circumstances thereof, this situation has a bearing on service delivery to our people. In the same vein, our understanding of oversight role, transparency and accountability should not be seen as a matter of conflict. We need to work together in dignity and respect each other's mandates.
We must ensure that our Parliament is respected by our respective constituencies, both the ruling party and the opposition parties. Let us put the interests of this institution at heart primarily more than any other sectional interests. Our Ministers should remain vigilant in doing their parliamentary business, particularly in areas of questions to the Ministers. In this context, members put questions to the executive for oral or written reply. Questions may be put to the President, Deputy President or Ministers. We also know that questions and replies constitute the oversight function, including the tabling of reports in Parliament by institutions accounting to it.
Indeed, annual reports are tabled by national departments, state institutions supporting constitutional democracy and other entities. Our oversight model requires government officials and Ministers to appear before them. The importance of oversight's overarching role includes activities such as report scrutiny, briefings to committees and budget processes. These must advance quality service to the people and social justice.
The ANC is committed to good governance and quality service to our people. As a ruling party, it seeks to enhance accountability and high performance standards by its deployees. We all have to comply with created mechanisms to ensure the developmental improvement of services that are rendered to our people.
The promotion of ethical and democratic values and leading by example is rooted in the ANC traditions. We are in the forefront in leading society in the fight against corruption. Our movement and government must work towards ensuring anticorruption values in continental and international structures. Our election manifesto prohibits politicians from tempering with tender adjudications and calls for transparency in tendering systems. This is to ensure stronger accountability of public servants involved in tendering.
Section 35 of the ANC constitution urges cadres of our movement to improve the capacity to serve the people and to build contact with the people. We need to raise the profile of the ANC deployees and accountability to Parliament. Our sincere conduct will debunk some public perceptions that view Parliament positions as a source of personal riches. It will debunk the myth that associates Parliament's positions with the issuing of contracts to commercial companies and individuals. Our Parliament must be seen as an institution that is led by people with moral and political integrity.
In conclusion, the ANC as an organisation will promote accountability and greater performance of its deployees in all spheres of government. We need to improve services to our people in the broader scheme of things. The challenges of service provision arise not fundamentally from a shortage of people, but from problems of skills and systems to deploy its human and financial resources. Deputy Speaker and Deputy President, the ANC supports Budget Vote No 2: Parliament. I thank you very much. [Applause.
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, Mr Deputy President, I am very happy that the Speaker referred to accountability lying at the heart of democracy and therefore the first strategic priority that we have is one of strengthening our oversight function.
You will forgive me if I concentrate on that for one moment. Section 42 of the Constitution gives Parliament a number of core functions, one of which is that of scrutinising and overseeing executive action. Section 55 mandates us to provide for mechanisms for that oversight and to make the executive accountable.
Parliament, I believe, has formally acted on this mandate by adopting in 2009 the oversight and accountability conceptual model. This model spelt out a number of mechanisms and processes to effect the oversight, including portfolio and select committees, Budget Votes, questions, members' statements, notices of motions, etc.
Parliament's strategic document for the 2009 to 2014 period recognises that one of Parliament's core objectives is to oversee and scrutinise the executive. It incorporates the conceptual model and recognises the need to develop and strengthen the oversight function and establish a strong culture of overseeing executive action.
I think the words "establish a strong culture" are important. You see, Mr Speaker, we have, as I have indicated, a constitutional imperative - and we have developed an excellent model - and we can strengthen mechanisms. But unless we develop a strong culture of exercising oversight, we will have no more than a faÃ§ade of democracy. And this culture is one which has to be accepted and adopted, not only by Members of Parliament, but, most importantly, by members of the executive over whom oversight is exercised.
It is that culture which I want to address, because the culture, I believe, is far from being well established in this House. On the contrary, if there is a culture it is one of timidity in the willingness of many members in this House to hold Ministers to account, and in respect of many Ministers, there is an unwillingness, if not a hostility, to openly subject themselves to that oversight and accountability.
Questions to Ministers, both written and oral, are an excellent example. You referred to them as vexed questions, Mr Speaker. They are recognised in the strategy document as one of the key mechanisms to exercise oversight and ensure accountability. Yet many Ministers do not take their responsibility seriously at all. It is a matter of record how many written questions are either not answered within the timeframe set out in the Rules, or, worse still, not answered at all.
As of yesterday, 515 questions asked this year by the DA are out of time. We are still waiting for answers to 114 questions of last year. Even when questions are answered - and this is particularly the case with oral questions - the answers are very often either nonanswers, flippant, frivolous or an exercise in obfuscation.
But questions are not the only problematic area. Many Ministers seldom, if ever, appear before portfolio committees. One Minister has recently refused to appear in future before Scopa, the Standing Committee on Public Accounts, Parliament's pre-eminent watchdog.
The time set aside for members' statements in the House is poorly attended by Ministers. These statements to the House are supposed to be the opportunity for Ministers to respond on current, topical issues affecting their portfolios. This process is more often than not a waste of time, because very often the appropriate Minister isn't there and a substitute Minister very often doesn't know the subject and sometimes, even if the appropriate Minister is there, that Minister plays to the gallery as opposed to engaging in a constructive exchange with the member concerned.
So, notwithstanding the section in the Constitution, notwithstanding the oversight and accountability model, notwithstanding the Rules which have been developed over a period of time, if the culture of oversight and accountability is weak, then the very Constitution itself is subverted, the models and Rules we have produced are abused and become cynical exercises, and the integrity and credibility of the very institution to which we are elected get called into question.
It is clear we all have to go through a distinct attitudinal change. We need to be vigorous in exercising oversight. And Minister Manuel is foremost in exhorting us to do just that, but Ministers also have to accept oversight and be willing to be brought to account. This requires a cultural shift.
Let me say as an aside. It is not acceptable for a Minister to refuse to appear in future before a committee and then cite some dubious technical reason to justify such nonappearance. I would have thought that section 56 of the Constitution, which gives the right to a committee of Parliament to summon any person to appear before it, is sufficient in this regard. This refusal, though, exemplifies the cultural change that is needed. We look forward, Mr Speaker, to your intervention to rectify this attitude, to reinforce the culture of oversight and to assert the supremacy of this Parliament.
The oversight and accountability model is an excellent document. We need to live that document in the context in which it is written, but we also need to extend it.
We need to ask ourselves what the mechanisms are for us as parliamentarians to exercise oversight over our own institution. In the running of Parliament, how acceptable and accountable are the presiding officers Two bodies are important in this regard. In respect of parliamentary business, it is the Joint Rules Committee, and in respect of parliamentary oversight of services and administration, it is the Parliamentary Oversight Authority. Both bodies meet infrequently. The Joint Rules Committee has met only three times during the fourth Parliament?
During the third Parliament the DA forwarded mechanisms to enliven debate, promote the debate of current issues and enhance oversight in this House. We submitted these proposals again in the fourth Parliament, because they were not debated in the third Parliament. However, these proposals have yet to see the light of day on any agenda, at any time and in any forum. A sense of inertia pervades.
In respect of the Parliamentary Oversight Authority, it too has met only four times in the life of the fourth Parliament. When meetings are held, they are set down for a limited period of time and the agendas are always full. There is little time for anything other than a superficial examination of the documentation provided, and little scope for real interrogation and monitoring of the policy directives for various services and facilities of Parliament and the levels and extent of their implementation.
Parliament is essentially run by presiding officers, and yet there is no public mechanism, either inside the Parliamentary Oversight Authority or outside, for the raising of questions about aspects of the administration of Parliament. In effect, there is little oversight and exceptionally poor mechanisms to ensure accountability.
By way of example. An article appeared in the Cape Argus in September last year alleging that a secret cartel ruled the tender process in Parliament. What public mechanism is there for us to interrogate this allegation and perhaps set the record straight That which we demand of executive members in respect of their portfolios, we do not demand of our presiding officers in respect of their responsibilities?
Parliament also needs to look at its own internal decision-making process. The Parliamentary Oversight Authority has essentially three advisory entities: the Quarterly Consultative Forum, the Chief Whips' Forum and, of course, the Administration. Speaker, I have been a Chief Whip now for three years, and I have come to see the whole process of decision-making as a totally frustrating one. One often sees good suggestions coming out from the Quarterly Consultative Forum that go to the Administration for a report. They then go back to the Quarterly Consultative Forum, then go to the Chief Whips' Forum, then go back to the Administration, then come back to the Chief Whips' Forum, occasionally go up to the Parliamentary Oversight Authority, who kick it back down to possibly the Chief Whips' Forum, that then go back to the Administration. The whole process goes on like a merry-go-round or a bad game of football - lots of passing the ball, but no goals being scored.
Mr Speaker, this is something that we have to address as there seems to be an inability by ourselves as Parliament to actually take decisions in this regard. Quite frankly, anybody who originally proposed anything which had to go through these forums has to emerge totally confused, exhausted and, frankly, have given up hope. This is the reality. We seem, as I said, completely unable to take decisions.
In conclusion, Mr Speaker, the point I am making is simple. The strategy document is correct. We need to strengthen the culture of oversight and accountability, both in respect of the executive and indeed ourselves, and, in so doing, we need to take a hard look at our own governance model. I thank you. [Applause.
The HOUSE CHAIRPERSON (Mr K O Bapela): Chairperson, the year 2010 is a significant one for the continent of Africa and for our country in particular, as we prepare to host the most important event, the Fifa World Cup, in just 30 days.
Parliament's theme this year is also about one of our icons, who was released in February 20 years ago. It says: "Celebrating Mandela's Legacy - Nation-building". Throughout the world, the name of Mandela is echoed and reflected repeatedly.
We have a central role to play in ensuring that we exemplify his qualities of leadership, and it is necessary to draw on the relevant lessons learnt from this greatest icon of our time. We have learnt that he is firm in his convictions and consistent in his principles. He remained solid in pursuing the ideals of a nonracial, nonsexist, united, democratic and prosperous society. He put the interests of the nation above his own.
In a constitutional democracy such as South Africa, all arms of state are bound by the Constitution. The governance structure outlined in the Constitution provides the mechanisms through which governance, "based on the will of the people", is ensured.
We urgently need to develop a common understanding on oversight, what it is and what it entails, and we should not be having any pronouncements such as those witnessed recently on whether the executive or any other public entity should or should not account before parliamentary committees.
Members of the executive are accountable collectively and individually to Parliament for the exercise of their powers and the performance of their functions...
provide Parliament with full and regular reports concerning matters under their control and respond to recommendations or decisions of committees and the House.
However, the Constitution also compels Parliament to develop mechanisms and rules to execute its mandate of effecting accountability and overseeing the executive, or any organ of state. Such mechanisms exist in the form of portfolio, select and standing committees, with certain powers. It is therefore our duty to ensure that the authority of Parliament is asserted, respected and fulfilled. Members of Parliament must ask difficult questions, but those questions must be of quality, must question without fear or favour those issues arising from the reports that are submitted to Parliament, and if there is any wrongdoing, corruption or lack of delivery, such issues ought to be raised.
We need to maximise our value on oversight and accountability to include the scrutiny of reports coming to Parliament, as in the budget information; the performance information - the Auditor-General will be providing such audits with effect from this year - financial information, as in the monthly and quarterly reports, which is about the real money spent; and compliance information, which is about follow-ups, ensuring that there is compliance and that decisions that are taken by Parliament indeed are effected. Where there is undermining of such decisions, the Speaker should recommend that censure be applied to those responsible. We then also have to ensure that in the scrutiny of financial and other aspects, Scopa reports are also included.
We should also clarify the role of Scopa with regard to Ministers appearing before it. The Joint Rules Committee must enhance the Rules to reflect on the issue. The Public Finance Management Act says accounting officers are the officials in the departments, but in that Act emphasis is also placed on the fact that political authority and responsibility rests with executive members.
Therefore we should resolve these unnecessary tensions by proposing as follows. Firstly, Ministers should be invited to observe the proceedings, to take note on issues which sometimes they may not be aware of in their own departments, to enable them to take leadership on those issues as arising from the floor. Secondly, Ministers should appear before Scopa in instances when they are implicated in evidence before the committee, to come and answer questions on those implications. Thirdly, Ministers should appear before the committee if in two consecutive years, recommendations adopted by this House are not effected in their departments. Therefore, leadership will then be required from them to appear before Scopa to come and answer on these particular issues. [Applause.
An amount of R45 million has been allocated to the committees of Parliament in the current budget, which covers a total of 54 committees, that is, 51 committees with oversight functions and 3 committees in-house committees, totalling 54 committees in both Houses. Only R45 million has been allocated.
We have also set aside an amount to cater for the new committee that is still to be established, a committee on The Presidency, whatever name it will assume. A task team has already been established and will be meeting next week to consider proposals from the NA Table and those submitted by parties, which will oversee The Presidency, in particular the Ministry on Performance Monitoring and Evaluation, including the National Youth Development Agency, the Ministry of National Planning, and other functions in The Presidency, such as the War on Poverty, Asgisa, Jipsa - if those programmes are still there - and so forth. The proposals will then lead to the establishment of a committee that oversees The Presidency. So, we have set aside that committee to be the 55th committee.
We welcome the increase from R135 million in the financial year 2008-09 to R145 million, which is R10 million more available to committees. However, the amount is not enough, hon Speaker, as committees ought to do oversight, oversight, oversight. [Applause.
A number of only ten Bills have been submitted to Parliament this year, and therefore law-making is no longer an increasing activity for portfolio committees. Oversight ought to be the increasing activity for portfolio committees. [Applause.] Therefore, the amount of money allocated is not enough.
Take the example of Gauteng. Gauteng has 11 oversight committees, and they are receiving R32 million. Each committee gets up to R2 million. Our committees, unfortunately, with the number that we have, some will get R600 000, some R700 000, R800 000, up to R1 million. Unfortunately, we cannot give you more, because the money is too little. So, we will try to engage the authorities that the money needs to be increased in that direction. It is not me who is allocating the money; so, don't blame it on me. I just receive and then allocate.
All committees will be able to spend their allocated money, hon Speaker. As you have raised, only 69% was spent. The issue here arises on programming itself. I have already engaged the Office of the Chief Whip. We hope that we shall work together - the Chief Whip in the NA, the Chief Whip in the NCOP and the Chief Whips in the provinces - for co-ordination so that when oversight happens, we don't stampede; as the Deputy President of the Republic always says, there is too much stampeding on oversight.
We seem to be oversubscribing and going to the same project or the same province so many times because there is no co-ordination. We shall have to work on that co-ordination so that as we increase our oversight, indeed we are able to address the stampeding that has been occurring. Programming must allow for more space for such visits to occur so that we don't prevent committees from exercising that function. That is why there is underspending because each time they apply, we say they can't go. Hence they were unable to spend their money.
Also, Speaker, the support that we give to the committees and to Parliament as a whole must be a professional service if we are ambitious about achieving on all these programmes. It must be the type of support that has quality. The current support requires overhauling and adaptation to be more efficient and effective, service-delivery oriented, professional and competent. My office has already raised the matter with the Secretary to Parliament in terms of what needs to happen. We hope that in August when we come back, we will be able to receive a report. I have proposed that there needs to be a skills audit, whether we have employed the right people for the right jobs, with the required skills that are needed, or something somewhere is not working. [Applause.
Every week I receive two to three complaints from chairpersons and parties in Parliament complaining about services, lack of minutes, quality reports not being there and so forth. So we really need a turnaround strategy if we are to achieve on quality oversight going forward.
We also need to enhance the capacity of members, as we have already alluded to. I also want to say that the oversight model is pointing to the very issue of building capacities for MPs. One of my responsibilities assigned is the introduction and maximisation of e-Parliament towards an e-democracy programme. We have already sent information and forms to all parties to check among their own members whether all of us are computer literate or not. Based on the information when they were registering, 85% of members are not computer literate. We cannot have MPs who cannot access the internet, who cannot even engage on social networks - Facebook and Twitter - and other programmes that are available for us. You could then engage your constituency offices there, create a vibrant debate with society there as hon members [Interjections.
The DEPUTY SPEAKER: Order, hon members!
The HOUSE CHAIRPERSON (Mr K O Bapela): All of you ought to be really orientated. Therefore, in July when we come back, we have a training session that will be operational for all of you to be compliant by the end of this year. Programmes that will be included will be a beginner's course for those who have never, ever opened a computer - although you have laptops and computers in your offices! I know some of you still have them in boxes! Therefore, please ensure that you go for that beginner's course. Those who are average, please go for an advanced course so that you can then be competent in other uses, and those who are advanced, there will be a group for those who want to specialise in certain areas of the computer. So, there will be these three groups. The classes will be group classes or one-on-one sessions if you are shy to go to a group session. [Laughter.] So they will be coming to your office at chosen hours and times. So at the end all of us will be computer literate as hon members. [Applause.
Technology can no longer be avoided. I know that most of us are what we call "BBTs" - born before technology. But the technology is now in your home. Very soon the Minister of Communications will be introducing digital television. There will be a lot of programmes and government information on that particular television that will be in your house. So, you will be compelled to know how to use that technology. Your cellular phones, that Parliament has bought for all of you, have smart cards. They are smart phones. Some of you only use them to receive calls and to phone, yet there are so many uses in the phone. You can receive internet and so forth.
Please, let us ensure that we are part of the 5 million [Interjections.
The DEPUTY SPEAKER: Order, please!
The HOUSE CHAIRPERSON (Mr K O Bapela): South Africans who are active on the internet out of a population of 50 million. It is still a low number, but MPs ought to be there. Our population consists of 70% young people, and how you engage them is only through the internet, because most of them are active there.
Chairperson, let me take this opportunity to end by thanking the staff in my office, and also in the Speaker's Office, as well as the staff from the Office of the Secretary to Parliament. They have been so helpful in terms of giving support. When I criticised your lack of performance in certain areas, I didn't mean that all of you are bad. There are those who are very competent and who go the extra mile in delivering the goods, and I have worked with you in quite a number of areas. I just want to say thank you very much and then support the Budget Vote. [Applause.
Mr M S SHILOWA: Chairperson, we are all agreed that Parliament and, by extension, the National Assembly, has to serve as the grand inquisition of the nation. It is not enough, though, to proclaim this a people's Parliament as we often do. It is more important to look at how we ensure that this, indeed, is not only perceived as such by the people of our country, but that it comes across as such in the work that it does. How do we ensure that topical issues of great moment serve before this Assembly to enhance its relevance to the nation If we don't, very often people simply assume that we meet here merely to shout at one another rather than to engage in the current discourse?
Yet, it is in the media where political issues play out. It is the media that seems to direct where political focus should fall. There is nothing wrong with that being the case, provided we, as an Assembly, do not become irrelevant in the process. Often when Ministers spring into action to address a political problem, it is because it has caught the attention of the media. Therefore we must, at all times, ask ourselves whether this Assembly is indeed the grand inquisition of the nation, and where it is not, to state what steps we should take to ensure that we move forward. The ruling on the remarks by the hon George in this House leads us to finding the House wanting in this regard.
As the principle of responsible government prevails in South Africa, the executive, as it has been said by speakers before me, has to be fully accountable to us as parliamentarians. We all agree that even though the Constitution in various sections, including section 58(2), provides that we play the whole role of oversight, we have not been able to play that role more meaningfully, in part because of some of the responses that have been coming from the Ministers. We also need to accept that shielding the executive from accountability fools nobody. The way in which government fails the people comes out into the open one way or another. How much better it would be for the image of Parliament if the public perceived that Parliament was succeeding in holding government accountable.
Since the advent of this Parliament, it has been mooted in several quarters, including by yourself, hon Speaker, last year, that interpellations should be brought back. This would certainly be a move in the right direction. Unfortunately, I am told that former Speaker Ginwala was once fond of observing that trying to implement something in Parliament is like pushing an elephant. I hope that you, the Speaker, will be more like a skilled mahout and coax the elephant to move on its own. We want to see interpellations being introduced as mooted by you last year.
South Africans are more likely to trust our courts than Parliament because Parliament never gives clear judgement on issues and is sometimes perceived to be always hedging when there are big challenges to be faced. This we seek to change because we must not make the courts the arbiter on policy-formulation, but rather the arbiter in areas of implementation which we may be unsure of.
There is also the question of secondary legislation, otherwise known as regulation. In a constitutional democracy, it is imperative for all legislation, including secondary legislation, to conform fully with the Constitution. It is quite conceivable, in my view, that the plethora of regulations which government has been implementing is a hangover from the past. If they were to be brought before this House, we would find most of them wanting, and/or they would not be able to stand up to the scrutiny of our Constitution, let alone the Constitutional Court. This is a huge task, but one which cannot, in good conscience, be left on the sideline. It is something which I believe we must be able to focus on.
In addition to this, we need to be able to look at how we could ensure that we define a better role for Parliament in secondary legislation. While it may be very important that legislation in some areas provides for regulations to be in place, in some other areas, that regulation goes beyond merely regulating and becomes a second piece of legislation in itself. I think that needs to be addressed.
The same goes for legislation. I agree with the hon Bapela that it is no longer the main focus. Something that I think we must also try and work on, however, is the way in which legislation is introduced. Sometimes it is brought in in a rush, unrealistic timeframes are given, it is passed, and then it is brought back for amendments to be made in Parliament, even before that legislation has been put in place.
Mr H P CHAUKE: Chairperson, on a point of order: Can the speaker confirm with Parliament that he will account for all the allocations given to his party [Laughter.?
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order! Hon member, was that a point of order! That was not a point of order.
Mr M S SHILOWA: I can confirm that Cope will account for all the resources that we have received from Parliament, in time and in good time. Thank you very much for the question. [Applause.
I was saying that if we look at the time when Parliament began, the media always used to be around here in the gallery. However, I think that as debates in this House have begun to deteriorate, so too has media attention on the content and the issues that we are discussing. Reporting on Parliament is more about the conduct of Members of Parliament rather than about the content and the debates that take place in this House. I think this is something which all of us must work hard on to change.
If I may conclude [Interjections.
Tshika, Nkulukumba Chauke. [Leave, hon Chauke.
I would like to conclude by saying that we will support the budget. However, we hope that we will be able to work better together to ensure that we deal with the issues of oversight and accountability that have been raised, and ensure that we are able to have real debates rather than have debates of the deaf, where we come with speeches already prepared. Even if a certain point has been covered, because you have come in to score a point, you continue as if nothing has happened. [Interjections.] Thank you very much. [Time expired.] [Applause.
Mr N SINGH: Chairperson, hon Speaker, hon Deputy President and colleagues, firstly, the IFP joins the other speakers in thanking all persons who have been involved in the leadership and management of Parliament over the past year, and we wish them well for the years ahead.
Hon Chairperson, I want to start by saying that we really welcome the fact that smaller parties are given at least three minutes to speak in the Votes that we are dealing with now; we hope that this becomes a practice in this House as well. This is because sometimes, as smaller parties, we get one minute to speak. Before you even warm up and say hello, good morning and how are you, your one minute has expired. I think in the interest of democracy and Parliament being a place where the people know what political parties have to say on whatever, we need more speaking time. [Interjections.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, members!
Mr N SINGH: Chairperson, the Constitution and this Parliament of a free and democratic South Africa have been in existence now for the past 16 years. There have been 16 years of uncharted territory and an experiment in building a unified nation in which all persons are free and equal. A nation unified by its diversity and strengthened by its resolve to a better life and future for all South Africans. The IFP believes that now is the appropriate time for Parliament to reflect over the past 16 years - where did we succeed; where did we fail; what could we improve on; and what could we do differently?
To further reinforce an atmosphere of heightened engagement, which the hon Speaker referred to earlier on, we suggest that a parliamentary indaba be held, similar in structure to the Codesa talks whereby we can reflect on the above questions mentioned. And here we have to involve the public as well. It is very pleasing to note today a number of people in the gallery despite the bad weather. But I know in many occasions there is not a single person in the gallery. Yet, some hon members come here and say "Mr Speaker, colleagues and members in the gallery", and I would look around and not see anybody in the gallery. But I think we need to ensure that more and more people come to Parliament and listen to what is happening here in the debates.
A few days ago last week - in fact, a week from Tuesday - I was part of a debate which Idasa facilitated. One of the concerns of the civil society, organisations and NGOs was their inability to get their messages across to Parliament and to the executive. We were told at this debate that there were about 65 000 school children that marched to Parliament, handed over a memorandum and expected a response within seven days or so. They didn't get an acknowledgement even after seven days. This is a bad impression that is being created out there when NGOs and the civil society can say these things about us here in Parliament and the executive.
This Parliament must adopt the paradigm of forward-thinking if we are to successfully steer our country into the 21st century. Carefully planned actions, instead of hastily, ill-planned reactions, must be the order of the day.
Parliamentary oversight of state organs must continue to be strengthened. We support what the hon House Chairperson said because this is paramount in ensuring effective service delivery by the various organs of state.
I want to reflect very briefly on the Money Bills Amendment Procedure and Related Matters Act and the establishment of the parliamentary budget office - I understand the hon Speaker did refer to this. But I think we have waited far too long as Members of Parliament for this office to be established, with professional personnel who could assist us as Members of Parliament in ensuring that the legislation doesn't become nice words written on glossy paper. I trust that the Office of the Speaker will ensure that we hasten the process of getting the parliamentary budget office in place to assist us.
The other issue is whether we have enough parliamentary legal advisers. When we attend to meetings in some of the committees, we find that legal advisers have to run from committee to committee, and I don't think this is desirable. We need more legal advisers that come to our committee meetings.
In the last few seconds I have left, I want to agree with the House Chairperson on his view of Scopa, Parliament and the relationship with the executive. I think it is unfortunate that some members of the executive feel that Scopa is some kind of a super committee up there that deals with issues that it is not supposed to be dealing with.
However, this kind of thinking also permeates among some of our colleagues who belong to portfolio committees. They feel that Scopa is some kind of a super committee. Scopa is not there to interfere with the work of portfolio committees. It has a particular role and responsibility to ensure that we interrogate the financial statements of departments and reflect on the report of the Auditor-General. We question departments on that and that only. [Interjections.
In conclusion, we as the IFP will support the Bill. Thank you, Chairperson. [Time expired.
Mr L W GREYLING: Chair, hon Speaker, in the previous year's parliamentary Budget Vote speech, I described the Chief Whips' Forum as a soap opera, because you could miss eight episodes and still be able to catch up with the storyline. I am happy to state that this forum has, however, become more efficient at dealing with issues and that, thankfully, the lead characters are no longer continuously replaced by new actors from the ruling party every few months.
This improvement has allowed us to build up a collegial spirit in the Chief Whips' Forum. As a team, we have been able to tackle some important issues affecting this Parliament. The most important issue facing us all though, is how we set about building up the credibility of Parliament and turning it into an institution that is relevant in the lives of our people.
Unfortunately, past scandals like Travelgate have seriously damaged Parliament's credibility. The ID maintains that we now have to be beyond reproach in all our affairs in order to repair this damage. The ID therefore finds it disconcerting that we have now been forced to resort to legal action to ensure that travel claims of members are subjected to transparent scrutiny.
We also need to ask some serious questions about who has oversight over Parliament. The Parliamentary Oversight Authority is not sufficiently transparent, nor is it inclusive enough to provide proper oversight.
The Chief Whips' Forum sometimes feels like international negotiations, where action is only taken on those issues that are in the interests of larger powers. Issues such as speaking time in Parliament, for instance, are allowed to drag on because the status quo benefits the larger parties. A parliamentary research report, however, found that we are the only Parliament that allocates speaking time on a proportional basis, and we are also the only Parliament that does not have speaking time principles enshrined in its Rules. We need to urgently address this matter in the interest of promoting a rigorous parliamentary debate that can advance multiparty democracy.
Finally, I have been appalled at the lack of leadership that has been shown by the larger parties in dealing with an issue of immense public interest, namely party funding reform. For three years, I have been trying in vain to get Parliament to set up and ad hoc committee to debate legislation on this issue. Parliament is the only institution that represents all national political parties. Surely we should be showing leadership in setting up a mechanism that can finally deal with this issue. Instead, the larger parties, on both sides of the House, keep kicking this issue to touch, with the effect that political party funding scandals continue to disgrace our democracy. The ID demands that Parliament finally takes action on this issue, and that political parties are held accountable to their rhetoric on this issue.
Lastly, the ID would like to encourage Parliament and the Speaker to make some space in this budget to hire a dedicated environmental officer who can ensure that Parliament is proactive about setting an example for the rest of the country on tackling what is a major challenge. I thank you. [Applause.
Mrs E THABETHE: Chairperson, hon Deputy President, Speaker, Ministers and Deputy Ministers present, and guests in the gallery, it has always been the view of the ANC that to fulfil people's aspirations and achieve human developmental needs, inclusivity in participation is very important. Throughout the 20th century, the ANC consciously fostered the unity of the broadest range of forces.
The democratic breakthrough in 1994 ushered in an age in which Parliament became an organ of the people's power and people's agenda. It is at this site of power that the aspirations of the masses in their diversity lay. The nonracial unity that we currently enjoy was forged in the crucible of the working class struggle.
I must say through the Chairperson to you, Speaker, that I think it would not be correct that we make it the custom for parties to have more time to speak. Parties must go out and get votes because we are here as people's reps. [Applause.] We are representing people in this Parliament. And, I believe, that the ANC got these votes, but we go out there...
elangeni sishe sibe mnyama, sihambe singene indlu nendlu, singene esontweni sithi: bantu votelani uKhongolose ngoba yilokhu azokwenza nani nikanye. (Translation of isiZulu paragraph follows.
[ and bask in the sun until we turn black, entering each and every household. We also enter the churches and say: people vote for the ANC because this is what it is going to do together with you.
Hon Lance Greyling, you cannot get more time.
Hon Singh, you cannot get more time and have this made the custom. Go out and get them so that you can be a representative of those people. [Applause.
I think we have to consider that, and, I'm sure, take the time so that you have the courage to go out and get votes - so that then you can speak in terms of the minutes, that they are proportional. We are a unique Parliament. That is correct. Our Constitution is also unique. So, in that space I don't think it is a mistake. It will never be a mistake because it finds its roots in the Freedom Charter and the ANC - we are representatives when we give it. I mean, you must be happy for the ANC to give you time to speak.
But you must not then play with that time and try to score cheap political points, Lance Greyling. And we must be able then to make sure that as Parliament, we are representing those communities. I must ask, Speaker: could we get more allocations in terms of constituencies, because we have to go out and service these constituencies as the people's reps here in Parliament. [Applause.] When it comes to constituencies, we don't get a big enough budget to deal with that. So I hope, through yourself, the Deputy Speaker and the Secretary to Parliament, we can enjoy a better allocation in terms of constituencies because it is those people that we have to go back to and service and be able to tell what it is we are talking about.
I must say as well, in dealing with this issue, the democratic breakthrough that we are all the beneficiaries of today is embraced in terms of the democracy that the ANC-led government is pushing. In that regard, the aspirations of South Africans in their diversity, as contained in the Constitution, find their roots in the Freedom Charter. The Freedom Charter contains the vision that steers the ANC-led government's effort towards the creation of a society based on democratic values, social justice and fundamental human rights.
The Constitution also stresses the principles of accountability, transparency and openness. We never saw these before 1994, I'm sorry to say. Before, things were swept under the carpet. You would hardly hear anything about what was happening from the government's side, but because of the ANC's policies and principles and a vision that we must make sure that we are transparent, people can also raise their views. We are much better off now.
In the same vein, I must say that public participation in parliamentary affairs is impacted upon by broader social and economic realities. I must say, Speaker, large sections of our communities - the Chief Whip referred to them in the rural areas - in peri-urban areas, townships and elsewhere, form the majority of people that come from the underdeveloped areas. The minority is well off and owns the means of livelihood to be able to fly down to Cape Town and come to the hearings and make sure that their views can be heard. They influence and shape what policy looks like. [Applause.
We must make sure that we put in more effort to ensure that those people that we represent can also have a chance; or we must look at a system that will allow us to go about things better, as we did with the police and the justice committees that were dealing with the Scorpions at the time. They went out to different provinces and met with the people. This is what a people's Parliament should look like and do. They were able to go out and get the people's views out there. It was much the same thing as the way in which we dealt with the Constitutional Assembly. We went out to communities, to rural places all over, and then we were able to come back and say, "Here is the product" after getting involved with those people.
Otherwise, our democracy will not be felt because those people will never get a chance to participate in this Parliament. Most of them cannot afford a flight and cannot afford accommodation at a five-star hotel or four-star hotel. So, surely we as the ANC endorse a people-centred approach in that it acknowledges the critical role of citizens because people are not passive beneficiaries or charity seekers of the government. As a developmental state, this is what we think a people's Parliament will have to do. And we must make sure that we can then deal with these challenges.
I think all of us agree here that we need more resources in terms of issues raised by other parties here. I must say to my colleague the hon Shilowa, I understand that regulations are part of an element that ensures that legislation can be implemented. You can say that there is a plethora of regulations.
At the time you were premier, you were doing the same thing with your MECs. So, I find it very strange that today, when you are in the opposition, you now say that these are not the right things. This is a mechanism that allows the legislation to be better processed and to be more accessible to many people. [Applause.] So, I'm sure with regard to that you would agree with me that there is a lot that this ANC-led government has done to make sure that we can amplify all of this. But the regulations play a key part in terms of legislative implementation. So, in that respect, I believe that we have to work together.
Parliament is a site of battle of ideas and contestation of opposing forces. It must deliver on its responsibilities towards the process of fundamental social and economic transformation. This will bring to fruition the aspirations of the masses.
With the impact of apartheid still visible socioeconomically in our communities, Parliament should be the mouthpiece of the weak and the vulnerable, especially women, the elderly and children. I must say that I am proud to be a member of the ANC, because we are the only party without legislation in place but which has more than 30% women representing other women and other forces here. [Applause.] And the youth [Interjections.] No, no, no.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon members!
Mrs E THABETHE: You can howl, but howl at the relevant points and facts. It is only the ANC at this point in time that [Interjections.
Mrs E THABETHE: My time has not expired.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Continue, hon member. Order, hon members!
Mrs E THABETHE: So, we are the only party that has many women here, credible women - not token women - who represent the people where they come from. [Applause.] And we have a spectrum of youth that are able to give vigilance and all it takes here in this Parliament. In that regard, I think, for us we are the best ruling party ever - governing party ever - that we are able to bring these about and make sure that we can then deal with them.
The CHIEF WHIP OF THE OPPOSITION: Madam Chair, I rise on a point of order. Is it appropriate - is it parliamentary - for the hon member to refer to some members as token women members [Interjections.?
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, I didn't hear that, but I will check the Hansard. But I didn't hear that the members are token members. You may continue, hon member. Hon Elizabeth, continue please. [Interjections.
Mr M J ELLIS: Madam Chair, it is appropriate on occasions like this to ask the hon member whether she did in fact say that. If she says she did, then she must be asked to withdraw.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Mike Ellis, I said I would check the Hansard, and then I will rule accordingly. So, don't teach me what to do. I have already taken that decision. [Applause.
Adv T M MASUTHA: Hon Chair, in fact we can confirm that the member did not say that.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Mike Masutha, you are out of order. Hon Elizabeth, could you continue?
Mrs E THABETHE: Thank you, Chairperson. Parliament should be at the forefront of societal education so as to build a conscious society that understands that the Constitution is supreme. The society we are building today arises from the ashes of a deeply divided past, characterised by strife, conflict, untold human suffering and injustice, in which participation in political, economic and social life was based on race. In order to fulfil the aspirations and ideals of all South Africans, Parliament must be at the forefront of rallying all to a common national agenda, which is a job for everyone who is elected here because we have a responsibility from the people who elected us to represent them here in Parliament.
The democratic Parliament derives its character from fulfilling these tasks - the ideals and aspirations of the masses. The tasks that Parliament is facing and continues to be confronted with are similar to those that the country has to resolve. We believe that through the ANC-led government, with everything that we inherited in 1994, we are able to make sure that the people really can govern, and that the people are part and parcel of our parliamentary process. I hope that we will be able to increase that and, as we move forward, that we are able then to make sure that we don't forget the role of our people, their participation, from time to time. I must thank the people for being part of this and for making sure that we are all of one mind.
Kaofela ha rona ha re le mona, re na le boikarabelo. Re ka ba le ho se dumellane ho dintho tseo re di etsang, empa qetellong batho ba re kgethileng ho tla mona, ba batla tswelopele le hore tlala e fele. Ha ho na hore o wa mokgatlo ofe, kaofela re tshwanetse ho sebedisana mmoho le mmuso wa ANC, hobane o na le tjhebelopele e tjhatsi. O na le tjhebelopele e shebang hore na batho ba ka ithusa jwang ha mmuso le wona o ba thusa. Ke tshepa hore Palamente ena ha e tswela pele e lokela ho bona mathata a jwalo.
Motsamaisi wa Dipuisano, haholo ke kopa hore re leke ho kenyelletsa batho mekgatlong ena le ho ba mema hore ba tle mona, empa re leke ho fetola tsela eo re sebetsang ka yona ho isa Palamente bathong. Re se ke ra dulela ho bua Sekgowa se seholo sa Harvard University ya Massachusetts, ha se sona se tla lokisa hore batho ba rona e be karolo ya puso. Ha re yeng re bue le bona mme ba tla utlwisisa, ba kgone ho tswela pele mmoho le rona. Ke a leboha. [Mahofi.
All of us here have a responsibility. We may differ on how we do things but at the end, the people who elected us want development and they also want hunger to be eradicated. It does not matter which party you belong to, all of us must work together with the ANC government because it has a vision on how people can help themselves in addition to government's help. I hope that as we go forward, this Parliament will look at such problems.
Speaker, I request that we should try to include people in these organisations and also invite them to come here; but we must try to change the manner in which we take Parliament to the people. We must stop speaking complicated language from Harvard University of Massachusetts, because it is not what will make people to be part of us. Let us go and talk to them. They will understand and be able to accompany us on our way forward. Thank you. [Applause.
Mr N M KGANYAGO: Chairperson, Mr Speaker and Members of Parliament, this present Parliament is one year old. In this year, we have seen the introduction of a whole new crop of members, as well as several new government departments. The new executive has made some attempt towards a more consultative relationship with all the parties in Parliament. This has also been felt in this House where our concerns regarding speaking times have been addressed somewhat. We are grateful for the improvement, however marginal. I was personally very excited when I looked at the screen and saw that I was given 12 minutes, but after a few minutes it was changed to three minutes. [Laughter.
However, it is our belief that this budget and the policy that it underpins still fail to address many of the underlying concerns about this institution.
The proportional formula that is applied to speaking times, funding and other aspects of the functioning of Parliament do not foster an environment where all voices get a reasonable opportunity to be heard. The functioning of Parliament should be measured against its success at allowing all voices to be heard. This can only be achieved in two ways: firstly, by giving all political parties the time, resources and opportunities to represent the views of their voters; and secondly, by ensuring genuine public participation in the formulation of policy and law.
Our country faces huge challenges, not least of which being the worst inequality on the planet. It is our constitutional and moral duty to ensure that we explore all avenues and listen to as many voices as possible in our pursuit of solutions.
In the early 1990s, we proved to the world our unique ability to find solutions when we enter into a genuine dialogue amongst ourselves. This Parliament should seek to emulate that spirit of nation-building. The UDM supports this budget, and we hope that the time will be increased in the future. I thank you.
Dr C P MULDER: Chairperson, hon Speaker, when any politician or Member of Parliament gets onto this podium and starts off by saying "we are the only party that does this and we are the only party that does that", then alarms should go off, and we should realise that.
At the time of this debate, 20% of the duration of the fourth Parliament has already expired. I know that the hon Chief Whip of the ANC - the ruling party - feels very strongly that this is the fourth Parliament, and things will be done differently, and that it will not be business as usual. However, it is all about perceptions. The public and even some sections of the media draw no distinction between the first, second, third or fourth Parliament. To them Parliament is Parliament. They associate Parliament with politicians and their general perception of politicians is unfortunately rather negative. There is a massive challenge to all of us to rehabilitate the image of politicians, as well as that of Parliament.
We must ensure that Parliament is respected by our respective constituencies, be that on the side of government or the opposition.
I agree with that; it is absolutely correct. However, if a point of order, which is not actually a point of order, is put on the agenda - the one which was raised by the hon Chauke just now - then it tends to give people the perception that we are not to be taken seriously. Mr Chauke knew very well that it was not a point of order he was raising, but that he was trying to score a cheap political point.
How do we get the respect of the people out there This won't happen automatically. So, how do we do it The fourth Parliament must be relevant. Are we relevant and topical I don't think so. All emphasis is on oversight at the moment, and I understand that. But the Constitution clearly says that the NA is elected to represent the people and the NCOP is selected to represent provinces. Section 42(3) of the Constitution stipulates that we should represent the people by providing a national forum for public consideration of issues. I think it is in this terrain that we miserably fail?
Die Parlement word nie gebruik as 'n platform waar die belangrike sake van die dag, wat in die harte van die mense daarbuite is, gedebateer, in diepte bespreek, tot 'n punt gevoer, oor gestoei en antwoorde voor gesoek word nie. Ons mis daardie geleenthede.
Die Parlement moet verstaan dat ons, ingevolge die Grondwet, op dieselfde vlak as die regsprekende gesag en die uitvoerende gesag is. Ons is nie ondergeskik aan die uitvoerende gesag nie. Ons is ook nie ondergeskik aan die regsprekende gesag nie. Volgens die Grondwet is daardie drie bene van die staatsgesag gelyk, en ons moet ons rol volledig daarin speel. Ons moet dit elke dag doen. Die Parlement moet nie probeer om ten opsigte van politieke standpunte wat deur partye voorgestaan word, noodwendig oor die regerende party, [Tyd verstreke.] Die VF Plus sal die Begrotingspos steun. (Translation of Afrikaans paragraphs follows.
Parliament is not being used as a forum where the important business of the day, which people out there are passionate about, is debated, discussed in depth, brought to a head, engaged with and for which answers are sought. We miss those opportunities.
Parliament must realise that we are, in terms of the Constitution, on a par with the judicial and the executive authority. We are not subordinate to the executive authority. We are also not subordinate to the judicial authority. In terms of the Constitution these three tiers of government are equal, and we must participate fully therein. We have to do this every day. Parliament should not try to, with regard to the political views of some parties, necessarily about the ruling party [Time expired.] The FF Plus will support the Budget Vote.
Ms C DUDLEY: Chair, hon Speaker, as you know, global financial pressures have added to domestic financial demands in every area, and Members of Parliament are acutely aware of the need to ensure that every cent spent must deliver. The objectives of Parliament have to be measured against demands for spending in other areas.
While the overall appropriation to Parliament shows an increase of R71,2 million, it is in fact a decrease of 0,26% in real terms. This decrease will necessitate stringent measures in some areas, but should not impact too negatively on Parliament's ability to strengthen its oversight function, as an additional R448,4 million has been allocated over the medium-term to accommodate additional capacity for the oversight function of committees, including researchers, content and language specialists. This is important because effective oversight will impact directly on service delivery. Improved service delivery must receive our focused attention.
Last year the ACDP was concerned that financial support to political parties represented in Parliament and constituency offices around the country showed a significant decrease. Given that constituency offices constitute the closest level of interaction between members and the public and provide the best platform from which members can get to grips with issues confronting their constituents, this was a blow for the people's Parliament. Members of Parliament are hugely constrained when parties receive budgets totally inadequate to pay market related salaries for researchers and other support staff. It is counterproductive, and it is not in the public's best interests. This year the Programme has seen an increase, in real terms, of 2,13%, which is encouraging. This will help ensure that the necessary tools and support services are provided to assist members in their constituency duties.
The tension between time spent on work done at Parliament and time allocated to members to work in constituencies, too often results in constituency time being sacrificed. Parliament must not be allowed to hijack members who should be in their constituencies more.
The ACDP notes with approval that the 2010 estimates of national expenditure indicate that Parliament intends to review its policies, particularly those dealing with communication, entertainment and travel to ensure efficiency in spending. Slight improvements have been noted regarding speaking time for smaller parties, but the ACDP would like to see Parliament take a closer look at comparative situations and the philosophy of speaking time allocation in general.
One good thing, at least from my point of view, is that the ANC has not been quite so boring of late as they attempt to fill up their exorbitant amount of speaking time, and the small concessions for opposition parties have produced more useful Budget debates.
The ACDP would like to thank the Speaker, all office bearers and staff of Parliament for their commitment and hard work. We will support this budget. Thank you. [Applause.
Ms S V KALYAN: Chairperson, Core Objective 3 of Parliament's policy imperatives is to facilitate public participation and involvement, hence the term "people's Parliament". Our Parliament's idea of public participation is to recreate Parliament in some province at huge cost and use it as a platform to gain political mileage for the governing party. I'm glad that sanity has finally prevailed and that this practice has been abandoned in so far as the National Assembly is concerned.
Real public participation does not happen here in our Parliament, and I will give you two examples to illustrate my point. When it comes to international agreements, the executive binds all of South Africa without our knowledge. Parliament is not involved at any stage, and there is no strategy to monitor and exercise oversight over the implementation of international agreements, nor its impact on citizens. Portfolio committees are merely expected to rubber-stamp the executive's undertaking. The oversight and accountability model is supposed to address this, but we are well into a full year of the fourth Parliament, and this has yet to happen.
A second example is that South Africa has an ambassador to the United Nations. Yet, has this Parliament ever discussed any of the decisions the ambassador makes on behalf of South Africa, or have public hearings ever been held?
Parliamentary Democracy Offices, PDOs, are supposedly meant to be organs of Parliament to expand Parliament's access and to be in touch with people on the ground. The Chief Whips Forum requested a briefing from the Secretary's office on this issue. The officials failed to come the first time, citing that a workshop was more important and, on the second request, that they first had to consult with the presiding officers before coming to address the Chief Whips Forum. The DA seriously questions whether PDOs are necessary in the first place, whether it is carrying out its mandate and whether its existence justifies the expense.
A review of Chapter 9 and associated institutions was completed by an ad hoc committee chaired by former MP Kader Asmal. Huge resources were spent on it, and it dealt with primarily participatory issues. Why has this report not been dealt with in Parliament Given the current dysfunctional nature of the, CGE, Commission for Gender Equality, and the Youth Commission, we should be looking seriously at the recommendations in the report, instead of using it as a doorstop?
South Africa played a leading role in the establishment of the Pan-African Parliament and in fact, one of our own MPs, hon Madasa, has recently been appointed as the Clerk of the Pan-African Parliament. However, as a Member of Parliament, I wish to register my frustration and disappointment of the Pan-African Parliament representing South Africa at the lack of research and other resources accorded to the South Africa delegation. Given that the Pan-African Parliament is going through a transformation process, the burden on the delegation has increased, but, regrettably, there are no resources. Speaker, I hope you will address this matter as a matter of urgency.
Parliament's strategic plan was tabled late, which in itself is quite unfortunate. It is my considered opinion that the strategic plan underpins the budget. Therefore, how do we as a Parliament monitor the budget if it does not go before any committee?
In conclusion, hon Thabethe, it is unfortunate that you refer to all the women parliamentarians in this House as tokens. I can assure you that all the women parliamentarians in the DA are here on merit. Your choice of terminology is offensive. [Applause.
The HOUSE CHAIRPERSON (Mr M B Skosana): Chairperson, hon Speaker, hon Ministers and Deputy Ministers, hon members, the House Chairperson: Internal Arrangements was appointed in accordance with the National Assembly Rule 14, amended on 26 May 2009. This Rule provides that the Speaker would allocate functions and responsibilities to the House Chairperson and announce this in the ATC. These functions and responsibilities are as follows: ensuring the wellbeing and interests of members; overseeing and ensuring alignment of structures dealing with members' interests and facilities; receiving and providing reports on issues of members' interests; ensuring the enhancement of capacity of members; ensuring the development of policy in respect of former members; developing and proposing policy on benefits and facilities for former members; and participating in liaison with the various parliamentary committees, e.g. the National Assembly Programming Committee, Chief Whips Forum, National Assembly Forum, Joint Rules, National Assembly Rules and the Joint Parliamentary Budget Forum.
As the House Chairperson on internal arrangements, I chair the Quarterly Consultative Forum which provides the vehicle for processing what I have just mentioned. The Quarterly Consultative Forum is a parliamentary forum where political parties in Parliament must represent the interests of their members without failure. However, we are experiencing some challenges regarding effective representation.
During the conference of the Speakers Forum in March this year, Shameela Seedat from Idasa referred to Parliament as "a theatre of dreams". We know that Lebo Mashile, in her poem, brought the matter uncomfortably closer to us when she said, "you and I; We are the keepers of dreams". However, the vexed questions for us members remain: What are these dreams To whom does the dream belong Who should fulfil this dream, and how?
To begin answering these questions in a reasonable manner, we need to revisit the idea and the meaning of the covenant; the solemn agreement that has conferred on all of us the honour of being called elected representatives and the voice of the people. I believe we will do justice to this social contract only if we express unwavering confidence in the sovereignty of Parliament, the state or the Republic, which is the embodiment of the collective will of the people.
I am often concerned when Members of Parliament do not make full use of some of the parliamentary structures at their disposal, intended to equip and empower them to excel in their service of the people. For instance, the Quarterly Consultative Forum - which now meets monthly - focuses on internal arrangements to cater for the interests and development of all Members of Parliament. We believe that a healthy, mentally alert, well-trained, sufficiently skilled and well-resourced Member of Parliament becomes an effective living tool to realize the mission and vision of Parliament. He or she is the agent of genuine transformation for the advancement of good for all the governed, in particular the majority of South Africans who are poor, homeless, unemployed, living with ill health, marginalised and underdeveloped.
The Speaker referred to this institution as "a strong, powerful institution of democracy".
In ensuring the success of our forum, we have cultivated a good relationship with service providers. These service providers are internal and external. Internal service providers include Members of Parliament and parliamentary services, and external service providers include the Department of Public Works and the VIP Protection Services of the Police.
Under internal service providers we have a support of units with different responsibilities. Various projects are in progress in consultation with various functional departments. The internal service providers play a pivotal role in ensuring that Parliament operates smoothly and that Members of Parliament are empowered and skilled and that their interests are generally enhanced.
Under the Institutional Support Services unit we have managed to set up a team to work on the improvement of the catering services. I think there was also a concern that the House's microphones are not adequate. The original request for microphones was processed, and a feasibility study was done. It was agreed that 120 microphones be installed. Sound and Vision has submitted a proposal to the Secretary to Parliament for funding. For assistance around this and other support, including parking in Parliament and maintenance, I am going to ask members to contact Mr Lionel Klassen, the manager of Institutional Division, at 0214033100.
Members' Facilities section provides a service to all members and administers and monitors all claims submitted and paid to members. The section is further responsible for the administration and support of the travel system through which members procure their travel. There was an increase in the budget of Members' Facilities. The increase was, in part, due to changes in the policy approved at the end of the third Parliament. These changes included additional travel allocations, provision for improved facilities for members over 70 years of age and members with special needs. The budget also includes compensation for members, facilities for members, as well as transfer payments to political parties. The facilities further include travel and related costs, telephone expenditure, relocation, training and facilities for former members and Ministers.
Facilities are provided to members in terms of the policy. In consultation with Members, the section continually reviews policy provisions and the services provided, to ensure that the changing needs of members are met.
Parliament has embraced ICT, information and communications technology, solutions as tools of trade to enable Members of Parliament to fulfil their duties efficiently and effectively. During the third Parliament, ICT equipment given to members was either underutilised or not used at all due to specific circumstances of individual members. A wider choice that is specifically targeted at the requirements of each member would greatly reduce this underutilisation.
As part of the fourth Parliament project, a subproject was created to identify, procure and implement ICT equipment for the fourth democratic Parliament in line with members' needs and requirements. To optimise entitlements and utilisation, members were provided with the following: One, a laptop of choice with a docking station and a mobile printer for use both on and off site. On site, the member can use a docking station and its accessories. Off site, the member can undock the laptop and use it anywhere in the world. The major benefit is to simplify information management as there is only one source of information both on and off site. This package includes a mobile printer.
Two, a multifunction desktop printer was also provided for on-site printing.
Three, a mobile device of choice, selected from the following collection of mobile devices: an HTC S740, a Nokia 371, a Samsung Omnia 1900 and a Sony Ericsson Xperia 1, was provided for members.
Eat you heart out, hon Bapela. I can talk about these things!
For further assistance, I am going to refer members to Mr Malose Dolo, who is the manager of the project. His number is 0214038042.
The section of Members' Training is responsible for providing support and administration of training programmes for members. This falls directly within the parliamentary responsibilities of the Deputy Speaker.
The Advisory Training Committee, made up of Members of Parliament and which is responsible for advising the Presiding Officers on training matters, has been established. It is currently reviewing programmes which were offered in the previous parliamentary term with a view to recommend relevant and new programmes.
In the interim, the following programmes are being implemented: a Certificate in Public Finance, offered by Unisa; and a B. Comm Honours degree, offered by the University of the Western Cape. A new programme sponsored by the Speakers Forum and facilitated by the Public Administration Leadership and Management Academy [Interjections.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon House Chairperson, your time has expired.
The HOUSE CHAIRPERSON (Mr M B Skosana): How much time was I allocated, Madam Chair [Interjections.] Was it really 12 minutes?
the maxim, "working together we can do more", applies also to the relationship between the legislature and the executive. The relationship between the legislature and the executive should be a complementary and mutually reinforcing working relationship that contributes in a dynamic way to the realisation of the needs and aspirations of all South Africans - in short, an activist Parliament in a developmental state.
Every constitution arises from and should be understood in a particular historical context. When you transpose constitutional discourses from one context to another, you must do so with care. Much can get lost in the translation. Carelessly transplanting a healthy and beneficial plant from one soil type to another can result either in the death of the plant or its metamorphosis into an invasive weed that displaces and kills indigenous plants. In the same way, doctrines such as that of the separation of powers must be dug up with caution out of the soil of the struggles against absolute monarchy, and must be carefully planted in the soil of a constitutional garden nourished by the struggle against colonialism and apartheid in which millions are awaiting to harvest the fruits of unity, nonracialism, nonsexism, democracy and prosperity.
Our Constitution is regarded as one of the best in the world, not only because it entrenches the Bill of Rights and enjoins the state and legal subjects to respect and fulfil such rights, but it is also based on the values of equality, human dignity and freedom.
Parliament has a duty to ensure through legislation that the spirit, objectives and purport of the Constitution are promoted. It is through Parliament's legislative power and oversight that the divisions of the past can be healed and a society based on democratic values, social justice and fundamental human rights can be established.
Parliamentary vigilance is the pillar on which the fight against unemployment should be anchored. It is indeed our duty to ensure, as the ANC election manifesto indicates, that workers rights are human rights. In this regard, we should tighten legislation to close all loopholes that allow for the persistence of the infringement of socioeconomic and group rights. The vulnerable people of our society depend on their elected representatives for protection. In this regard we should ensure that we stem the tide of continued labour exploitation and casualisation and that the plight of farm workers and farm dwellers receives immediate attention. We need to act against the continued whimsical and wanton evictions of farm workers and farm dwellers.
As we continue to strike a balance between diversity and tolerance, freedom and order and the will of the majority and the interests of the minority, let us be steadfast and immovable in building a national democratic society in which equality is respected and fulfilled by its entire people.
South Africa's role in creating a better Africa and a better world hinges basically on the strategic approach to achieve an international order with greater security, peace, dialogue and greater equilibrium between the poor and the rich countries.
South Africa shall strive to maintain world peace and the settlement of all international disputes by negotiations - not war.
This provides a perspective from which the ANC should intervene on all matters of foreign affairs and international relations. Hence, the pursuit of the country's international agenda as a contribution to South Africa's own growth and development. These include consolidating the African Agenda, strengthening the deepening relations with countries of the South, transforming relations with the countries of the North, pursuing the economic diplomacy and participating in the global system of governance.
This led, inter alia, to the recommendation that the Department of Foreign Affairs be renamed by our President as the Department of International Relations and Co-operation. It is, therefore, clear that South Africa's strategy is firmly anchored in the African Agenda, which serves as a pillar upon which South Africa's engagement with the international community rests, and that there is co-operation with the developing countries of the South in order to tilt the balance in favour of our developmental agenda.
The India-Brazil-South Africa partnership, a forum of like-minded states, is a substantial progress in the South-South Co-operation, balancing politics of solidarity and economic activities, including the support of Nepad projects. It has developed common positions on global issues and built an issue-based trilateral co-operation. These advances demonstrate that effect is given to the ANC's commitment to improve co-operation among countries of the South in terms of economic relations, socio-political programmes and efforts to ensure peace and equitable global relations.
Ga re a itlisa fa, re tlile ka mokgatlho wa rona. [We are not here on our own, we are representing our party.
Coupled with emphasis on economic diplomacy, was a resolve to improve the international marketing of South Africa and Africa, which led to the creation of a number of bodies, which directly and indirectly contribute to a better understanding of the predominately positive character of South Africa's economic development.
We are going to spare no energy in our efforts to find urgent democratic and lasting solutions to the situations in Zimbabwe, Swaziland, Sudan, the Democratic Republic of Congo, Western Sahara, Somalia and other countries. We are going to continue to support the global campaign to achieve the millennium development goals, MDG, by 2015; we are going to conduct awareness campaigns among our people to prevent incidents of xenophobia; and we are going to work for the integration into our communities of all who are residents in our country, acknowledging the contribution that foreign nationals make to our country.
The, PGIR, Parliamentary Group on International Relations, as a substructure of the Joint Rules Committee, is the vehicle through which strategic and policy impetus to Parliament's international participation can be provided. It is also this body that will access and make recommendations on how matters raised in international forums that Parliament is affiliated to and participate in are discussed and relayed to the citizens of South Africa.
Focus groups will also be set. These focus groups will encompass the following affiliated multilateral bodies, the Inter-Parliamentary Union, the Southern African Development Community Parliamentary Forum, the Pan-African Parliament, the Commonwealth Parliamentary Association, the African, Caribbean, Pacific-European Union and the Association for the Educational and Cultural Advancement of African people. The size of these groups will be influenced by the multilateral body they represent and whether the delegates are appointed by the House for the duration of the parliamentary term or on an ad hoc basis for each activity of the multilateral body. Each focus group will meet at least four times a year in accordance with the programme of the work of its multilateral body.
In conclusion, our Parliament in this regard aims not only to entrench democracy within the country but also to act democratically and encourage democratic practices throughout the continent and the world at large in the quest to build a better Africa in a better world.
Ke batla gore go leloko la DA mo Kapa le seke la nna naledi e e phatsimang kwa ntle fela mme le simolole fa gae. Fa o ya kwa Khayelitsha kgotsa kwa metsesetoropong e batho bantsho ba nnang kwa go yona mo Kapa Bophirima, o fitlhela gore dikereke tsotlhe tsa batho bantsho di ne tsa senngwa ka ntlha ya gore go twe ga di a agiwa mo lefelong le di tshwanetseng go agiwa mo go lona. Fela, fa o lebelela fa di sentsweng teng, go agilwe dithabene.
Motho o ipotsa gore: A naa la re batho bantsho ba tshwanetse gore ba nne ba nwa nnotagi O fitlhela go na le mafelo a dikoloi tse di senyegileng. Ga go sepe se se siameng se se tla thusang setšhaba sa rona. Fa re le kwa ntle re ganetsana jalo le jalo a re direng bonnete ba gore mo re nnang teng re fetola botshelo ba batho ba rona. Batho ba ya kwa dikerekeng go bona tshegetso ya maitsholo. Fa o senya dikereke o itse gore ga o senye matshelo a batho fela mme mo godimo ga moo o a ba nyenyafatsa wa re batho bao ga ba na tlhaloganyo. (Translation of Setswana paragraphs follows.?
I would like to tell the DA member from Cape Town to stop being a star that only shines externally but should start at home. When you go to Khayelitsha and other black townships in the Western Cape, you will find that all black communities' church buildings have been destroyed because it was believed that they were not built on the right land. But when you look at the places where they were demolished, you find that the same area was later allocated for building taverns.
Does this imply that black people should live on drinking liquor throughout their lives You also find scrapyards nearby. There is nothing good that is being done for our communities. Although we could be disagreeing on issues, we should not forget to ensure that we strive to change the lives of our people. People attend church services for moral support. When you destroy churches, you must also note that you are not only destroying people's lives but you are also undermining them because you think that they can not use their common sense?
Churches are the only hope for our people. That is where we get our morals from. So, if you go and demolish churches you are saying to the people out there that you don't consider them. This is because you have never experienced this poverty but read about it over the newspapers. That is why it is easy for you to demolish churches and leave the scrap yards and taverns because you are belittling us into a drunken society. We are saying that we are going to fight you by whatever means possible and make sure that we change the lives of our people, and we are going to be equal. Thank you. [Applause.
Mna L M MPHAHLELE: Mohlomphegi Modulasetulo, maloko le baeng ka moka, ke bula polelo ya ka ka gore PAC e thekga kabo ya ditšhelete tša Palamente. Empa go na le dintlha tše bohlokwa tšeo ke nyakago go di hlagiša. Re kwa gore Palamente ye e swanetše gore e ame setšhaba dilong ka moka tšeo e di dirago. Empa re nyamišwa ke tšhelete ye nnyane yeo e le go R85 milione yeo ka yona re tlago ama setšhaba dipolelong tša rena. Re ka ama setšhaba bjang dipolelong tša rena re na le mapheko a mantši ao setšhaba sa gaborena se swanetšego go a tshela pele lentšu la sona le kwagala?
Lepheko la mathomo ke leleme. Dilo tše ntši tšeo di ya go setšhabeng di ngwadilwe ka leleme leo setšhaba se sa le kwešišego. Le ge re re re bitša pitšo goba re re setšhaba se kgeregele lefelong le le itšego gore se tle se kwe sebiletšwa, o hwetša re bapatša tsebišo yeo ka leleme leo setšhaba se sa le kwego. Bjale, re le ba PAC re re ge eba re nyaka go ama setšhaba ka ditaba tša setšhaba, a re boleleng ka maleme ao setšhaba se a kwago le go a kwešiša.
Ntlha ya bobedi ke ya go tiiša kopano le temokrasi. (Translation of Sepedi paragraphs follows.
Mr L M MPHAHLELE: Honourable Chairperson, members and distinguished guests, I would like to comment that I support Parliament's budget allocation. But there are some important points I would like to highlight. We are told that Parliament has to involve the public in all matters. However, we are disappointed by the insufficient funds to the value of R85 million, with which we are supposed to involve the public. How can we involve the public in our debates while they still have to overcome many challenges before their voices can be heard?
The first challenge is language. So many official correspondences are written in a language that is foreign to the public. Even when we call for public meetings, you find that the announcements are made in the language that is foreign to the public. As the PAC, we would like to recommend that if you want to involve the public effectively in matters of the public, please use a language that is familiar to them.
The second point I would like to indicate is that of strengthening unity and democracy.
Xhamela, ndiyavuma ukuba masiqinise umanyano nolawulo lwentando yesininzi. Kodwa ekuqiniseni umanyano nolawulo lwentando yesininzi, sikhumbule ukuba umzabalazo awuqalwanga yiANC, ungaqalwanga yiPAC, umzabalazo kudala ukhona. Masingalibali ukuba, phambi kokuba siphathe izikhali, kukho amaqhawe awayekhona phambi kwethu, amadoda afana nooDomani, awathi aqala umzabalazo wezikhali, kodwa namhlanje asazi ukuba oongobani. Ndifuna ukuthi abaThwa namaKhoi nabo babesilwa belwela eli lizwe singawabali xa sikhumbula amaqhawe ethu.
(Translation of isiXhosa paragraph follows.
I agree, Xhamela, that we have to strengthen unity and democracy, but in doing that, we must remember that the struggle had long been there and it was neither the ANC nor the PAC who started it.
Let us not forget that there were already heroes before we even started with armed struggle, men like Damani, who formed the armed struggle and whom we do not recognise nowadays. I want to say that the Sans and the Khoi-Khoi have also fought for this country, and we must not forget them when we commemorate our heroes.
Ke rata go boela tabeng ya temokrasi. Ye ga ke tsebe gore na ke temokrasi goba ke "tolakrasi". Ke bolela se ka lebaka la gore gantši mokgatlo o swanetše gore o be le tšhelete gore o kgone go ikwalakwatša setšhabeng. Tsela yeo ditšhelete di abjago ka yona Palamenteng ga e tiiše temokrasi. Bahumi ba a humišwa gomme mekgatlo yeo e lego gore e a diila e tšwela pele le bodiidi.
Ntlha ya boraro ke ya gore re hlabolle Maloko a Palamente ka dithuto [Tšhwahlelo.] [Nako e fedile.] Ke a leboga. [Legofsi.] (Translation of Sepedi paragraphs follows.
I refer back to the issue of democracy. I am not too sure if this is democracy. The reason I am saying this is because in various instances the party has to have enough funds for their campaigns. The manner in which the funds are allocated in Parliament is undemocratic. The rich parties get richer at the expense of the poor ones which are getting poorer.
The third point I would like to address is the development of Members of Parliament with regards to their education [Interjections.] [Time expired.] Thank you. [Applause.
Mr N T GODI: Chairperson, Mr Speaker, comrades and hon members, may I state from the start the APC's support for the budget. Parliament's key responsibility is to make laws and oversee executive action. At the beginning, which was in 1994, there was a necessary focus on lawmaking to transform our country into a nonracial and nonsexist democracy.
Progressively, the shift, especially in this fourth Parliament, has been to focus on the very important aspect of oversight. Clearly the space and energy is there to hold the executive accountable, but there is still room for improvement, especially in terms of focus, depth and impact. Parliament has a responsibility to empower or capacitate its committees, and committee members have an obligation to do their work diligently.
Yes, the executive accounts to Parliament. But this does require a restatement that indicates that this is both a political and constitutional mandate and not a matter of personal preference. Poorly capacitated committees render oversight a mere formality without a mutual enlightenment that enhances the quality of service delivery. The executive has the responsibility to ensure that the information brought to Parliament is qualitative, accurate and timeous. That is, officials should not come before committees ill-prepared and also mislead Members of Parliament, and annual reports must not have inaccurate data and facts and that they should be submitted in time.
The APC is raising these issues because in the past financial year we have seen officials coming unprepared and having to be sent back, officials blatantly misleading members, and Parliament receiving annual reports without cause very late or not receiving them at all. Oversight over the executive is an indispensable necessity that must be done without fear, favour or prejudice and committees must not be seen to be currying favours with the executive at the expense of robust oversight.
Parliament's support for committees has been tardy. Sometimes there is a pedestrian approach to attending to committee challenges. Committees are the engines of Parliament. Let us hope that beginning with the new increase in the allocation of committees, there will be changes for the better. Certainly there are visible improvements, but much more still needs to be done.
As Parliament we represent our people. Their hopes and dreams for a better life are, in some way, dependent on our work. This is a people's Parliament. Let the needs and concerns of our people be at the centre of our work. The APC is steadfast in its commitment to work for a society that is democratic in form, nonracial in character and socialistic in content. I thank you. [Applause.
Mr M J ELLIS: Chairman, I want to say to the hon Khunou that she must be sure of her facts before she decides to speak on matters she knows very little of. It is not at all clear why she chose to speak about the demolition of churches in this debate, but I suppose if you have nothing much to say, that is the kind of thing you do.
Many people have chosen to speak today about oversight and accountability, and it is obviously a very important issue. But the hon Davidson pointed out some of the serious problems facing us in terms of oversight and accountability and the Programme attached to it. Certainly, this does need addressing. He also pointed out that it is a cause for real concern that the Joint Rules Committee seldom meets. But as far as this House is concerned, the National Assembly, it is of even greater concern, because the Joint Rules Committee of this House never sits.
It is to this body, Mr Speaker, that the DA has submitted various proposals, some years ago already, to look at the whole issue of oversight and accountability. Quite frankly, the proposals we have made also attempt to address the ways that our parliamentary programme operates. Certainly we believe that our parliamentary programme is in urgent need of a revamp.
You said in your opening remarks, Mr Speaker, that during the last year we have built on the legacy of previous Parliaments. You are quite right, Sir. This Parliament is regrettably as boring as the last one was. The truth is, our parliamentary programmes, parliamentary structures, what is expected of MPs and generally our own participation as MPs, does leave a great deal to be desired.
The best example of this, quite clearly, is Question Time. This is the most boring part of our programme, whereas in many respects it should be, and certainly as in many other Parliaments, the most dynamic and engaging. But it is the structure of Question Time that makes it boring, Mr Speaker. We need to change it. We need to reintroduce interpellations, as the hon Shilowa mentioned. We need to create the opportunity for MPs to ask more follow-up questions so that proper dialogue with Ministers occurs. We need to consider holding Question Time more frequently, maybe two or three times a week for an hour each, with each cluster questioned every week. We need to make Question Time far more interactive, far more alive. Question Time should be an opportunity to really interrogate Ministers. It has become, in fact, a protection mechanism for them because it is so static and unimaginative.
But on the issue of MPs participation, let me say that we as members of this House have a great deal to answer for ourselves. We have contributed - we do contribute on a daily basis - to making our debates boring. There is very little effort from MPs to really debate in this House. Very little effort is in fact made by MPs to improve the overall standard of debates in this House. Most MPs simply stand up and read their speeches, a monologue, with no reference to what anyone has said before them and no attempt to engage members in the debate at all. Head down and read, Mr Speaker, is often the order of debate. In other words, Sir, this is not a debating Chamber, this is in fact a speechmaking Chamber; and often, quite frankly, poor speeches as far as that goes as well. [Interjectons.
Please, may I have an extra two minutes and I'll slow down and show you how to deliver a speech, Sir. [Laughter.] People stand up and deliver their speeches and make no attempt to even acknowledge, let alone challenge, what others have said in a debate.
A member shall as far as possible refrain from reading his or her speech, but may refresh his or her memory by referring to notes.
I would urge this House; I would urge all parties to encourage their members to abide by this particular Rule.
Mr Cronin, the next time you deliver a speech in this House I am going to watch you with a great deal of interest, Sir - a huge amount of interest.
But, Mr Speaker, there is also a need to introduce different types of debates into this House. Member's debates, party debates, etc. Instead, the only debates we have other than Budget debates in this House are debates on national days, and we have these every year interminably year after year. So, let's change this structure, Mr Speaker. Let's have far more short, sharp debates - areas of concern to parties and to members. Quite frankly, if you think about it, there is no reason why we shouldn't do this.
Parties propose motions every single day they are entitled to in this House, but in actual fact, none of those motions are ever debated. Mr Speaker, wouldn't it be fascinating too if, for example, Ministers were prepared to take questions during their speeches This would really help to make the debate very interactive. I can imagine the hon Stofile, for example, standing up and answering to a question from Mr Lee, having a direct dialogue across the floor. Wouldn't that be fantastic You'd be too scared to take the hon Lee on, Sir. [Laughter.] We know that. But we don't want to have silly questions like the ones the hon Chauke stands up and ask. In fact, the trouble with Mr Chauke is that he doesn't know the difference between a question and a point of order, but of course that's another matter altogether?
Mr T S FARISANI: Order. [Laughter.] A point of order. [Interjections.
Mr M J ELLIS: This is a former Speaker, but he doesn't know anything anyway. So, it's okay.
The HOUSE CHAIRPERSON (Mr M B Skosana): Is that a point of order, Sir?
Mr T S FARISANI: Chair, our Constitution calls on all of us to respect all the cultures in South Africa, and so does the Freedom Charter. The hon member, in speaking, is always pointing at people using this finger. In my mother tongue this finger is called "musimbavhaloi". [Laughter.
You only use it when you are pointing at witches and wizards. [Laughter.] So, the hon member should refrain from doing that. [Laughter.
Mr M J ELLIS: I will certainly remember that. But I sincerely hope that I will never have to point a finger at the hon Farisani, but who knows. [Laughter.] Things happen that we don't always expect.
We have to do something about this. We need more short, sharp debates. We need to be involved in making Parliament infinitely more dynamic.
We also need to develop a new structure and procedure in our Parliament. We need to revamp it. I'm asking the Speaker if he would please consider making this his legacy for this fourth Parliament. Let's change our programme, Mr Speaker. Let's form a committee. Let's get together and talk about how we can make Parliament infinitely more interesting than it is. I think it's very important indeed.
On a good point to conclude, one of our greatest obstacles to the proper flow of debates in this House is that too often the presiding officers do not know the Rules of debates or how to apply them. There is at times rigidity of application and at others no proper application at all, and this needs to be addressed. I would therefore ask the hon Speaker to think of instituting some form of training for presiding officers when they are first appointed to rectify this. It really does this Parliament no good with the situation as it is at the present time. I thank you. [Applause.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Sihlalo, malungu ahloniphekile, Somlomo wePhalamende, kanye nabasivakashele ngiyanibingelela. [Chairperson, hon members, the Speaker of Parliament and guests, I greet you.
Allow me to first deal with some of the issues that were raised by the members. Some members raised issues concerning the reintroduction of interpellations, the allocation of speaking time, programming and constituency funding. Hon members, we have subcommittees dealing with the programme of Parliament in this Parliament. It is unfortunate that some of these issues were raised by the Chief Whips of other parities, who also participate in the Chief Whip's Forum.
The Chief Whip's Forum is the structure that decides on the programme of Parliament and time allocation. They are supposed to make a proposal to the presiding officers about the funding of constituencies and caucuses. The very same members participate in other structures such as the Joint Rules Committee and the programme committee. Members should not point fingers at others but on themselves because they are equally responsible.
Hon Kalyan raised the issue of international agreements that bind all South African citizens without the involvement of Parliament during negotiations.
The negotiation and signing of all international agreements is the responsibility of the national executive.
The international agreement binds the Republic only after it has been approved by a resolution in both the National Assembly and the National Council of Provinces.
Therefore, as members of Parliament, we have to get briefings. I do believe that these briefings are done at committee level. Ministers have to go and brief the committees. At the end of the day, committees have to dictate the kind of briefing they want; whether this should be from Ministers or officials. When it comes to international agreements in particular, I believe that committees must make a request to Ministers who participated in negotiations to give them a briefing before agreements are ratified. Therefore, as members of this House, let us not shift these responsibilities.
An hon member raised the issue of lack of research and capacity for Pan-African Parliament members. I can agree partly when it comes to the issue of support, that we still have challenges. For example, in the last meeting, when I requested the programme of the Pan-African Parliament, the members informed me that they didn't know what they were going to do. I am saying this as a person responsible when it comes to international relations. This was on a Friday, and the meeting was supposed to take place on a Monday. The question is: What kind of support are you going to be given when you don't even have the programme in front of you and don't even understand the issues that are going to be debated in that particular forum?
I believe that members should take the responsibility to outline programmes and activities they participate in. I also believe that when Parliament took the decision that members should go and be its representative, it expected these members to come back and give information on challenges they were facing. Even in the report given to the PGIR (Parliamentary Group on International Relations) meeting, there was no indication of anything raised today by members as challenges. Those reports were also given back to different focus groups, including the Pan-African Parliament. I believe that those members will come up with recommendations on how they want to be supported.
Ngonyaka ophelile siyiPhalamende sathi siyokwenza isiqiniseko sokuthi isigungu esibhekelene nokuxhumana nokuba yingxenye ezingxoxweni zamazwe ngamazwe siyokwakhiwa ngokusemthethweni. Ngalesosikhathi-ke izimemo zamagama amalungu azohlala kuleso sigungu zabe seziphumile, sathi futhi siyobuye sakhe izinhlaka ezingaphansi kwaso leso sigungu "subcommittees", sachaza futhi ukuthi lezi zinhlaka zosebenza kanjani. Ngiyafisa-ke ukwazisa le Ndlu ukuthi ngabe sesihambe safikaphi (Translation of isiZulu paragraph follows.
[Last year, as Parliament, we resolved that we would ensure that the Parliamentary Group on International Relations is officially established. At that time, the invitations had already been sent out to those members whose names were put forward to take part in this forum. We further resolved that we would set up structures known as "subcommittees" that would fall under this forum, and we also explained how these structures would work.
as part of accountability of that particular structure. We should all be accountable.
Isigungu lesi ebengikhuluma ngaso sesakhiwe ngokusemthethweni kanye nezinhlaka zaso. Izinhlaka zalesi sigungu ezakhiwe yilezi: Inter-Parliamentary Union, SADC Parliamentary Forum, Pan African Parliament, South Africa-European Union, African, Caribbean, Pacific, and European Union.
Kunohlaka olulodwa esingakalakhi olubizwa ngokuthi i-Commonwealth Parliamentary Association. Isizathu esenza ukuthi singalwakhi ukuthi isigungu soSotswebhu esididiyele sathatha isinqumo sokuthi kumele kube nomthethosisekelo ozolawula igatsha laseMzansi Afrika ngamanye amazwi i-"South Africa Branch Constitution".
Uma ngingase ngiwabikele amalungu ukuthi lolu hlaka selukhona njengamanje, kusasa luzobe lwethulwa ngokusemthethweni koSotswebhu abadidiyelwe ukuthi balubheke ngaphambi kokuthi luye esigungwini esifanelekile ukuze bakwazi ukuthi benze izincomo. Bese liya kwi-Joint Rules, ukuze i-Joint Rules yenze izincomo kule Ndlu, bese isiyaphasiswa ngokusemthethweni bese sakha igatsha le-CPA.
Okunye esingadlana ngakho indlebe ukuthi ama-subcommittes ayasebenza, ngikhuluma nje ngaphambi kokuthi le Ndlu ithathe ikhefu. I-SADC-PF Focus Group ihlalile yabheka izincomo ezathathwa ngumkhandlu we-SADC Palementary Forum ngonyaka ophelile e-Victoria Falls. Yabuye yabheka nohlelo lokugumba usuku lwe-Africa Day, lokhu sikwenza njenge ngxenye yokuqinisekisa ukuxhumana kwamaPhalamende amazwe ngamazwe ikakhulukazi izwekazi lase-Afrika.
Kusasa lokhu okusayo sicelile ehhovisi likaSotswebhu Weqembu Elibusayo uKhongolose ukuthi asinikeze isikhathi sokuba sethule umbiko ngendima esihanjiwe ngamalungiselelo e-Africa Day. Siyocela-ke ukuthi oSotswebhu babikele izigungu zabo zodliwanondlebe "Caucus" ngokwezinhlangano zabo. Futhi siyanxusa ukuthi amalungu aleNdlu abe yingxenye yalomgubho, mhlaka 25 kwephezulu.
Lokhu kuyisiqinisekiso sokuthi izinqumo ezathathwa kwinkomfa ka Khongolose ziyenziwa, isinqumo engisicaphunayo esithi (Translation of isiZulu paragraphs follows.
The forum I was referring to has now been officially set up together with its structures. The subcommittees of this forum are the following: Inter-Parliamentary Union, SADC Parliamentary forum, Pan African Parliament, South Africa-European Union, African, Caribbean, Pacific, and European Union.
There is a structure which we haven't established yet called the Commonwealth Parliamentary Association. The reason we have not yet established this structure is because the Chief Whips Forum decided that there must be a constitution to regulate the South African branch, in other words, the South African Branch Constitution.
If I may report to the members that this structure is now in existence, and will officially be tabled before the Chief Whips Forum tomorrow to be interrogated, and the forum will then make recommendations before referring it to the relevant committee. Then it will go to the Joint Rules Committee so that they can make further recommendations to this House, after which it will be officially adopted and then we will have a-CPA branch.
Another issue we did not discuss is the fact that subcommittees are already working, as I speak, and did so before this House took a break. The SADC-PF Group got together and looked at the recommendations taken by this council last year at Victoria Falls. They also looked at the programme for the celebration of Africa Day. We do this as a way of ensuring communication between parliaments of the world, but especially those on the continent of Africa.
We have asked the Office of the Chief Whip of the ruling party, the ANC, to allocate time tomorrow for a report back on how far we are with regard to the preparations for the Africa Day celebration. We would like to plead with the chief whips of the various parties to announce this to their caucus committees according to their parties. We would also like to encourage members of this House to be part of these celebrations, on the 25th of this month.
We need to work on improving the relationship between South African communities and foreign nationals and conduct awareness campaigns amongst our communities to prevent incidents resulting from xenophobia.
Lawo-ke bekungamagqabantshintshi nje ebengithi angiwabeke. Enyangeni kaNdasa ziyisishagalombili kwaba nenhlanganiso yokugubha usuku lomama. Lolu hlelo lwabe luholwa uSekela Somlomo kanye nesigungu sabesifazane esididiyele "Multi-Party Women's Caucus". Kwaba nezincomo ezathathwa lapho engethemba ukuthi nazo ziyobekwa kule Ndlu ukuze zixoxwe. Enyangeni kaNtulikazi kuzoba nenkomfa ye-CPA esifundazweni saseMpumalanga.
Bekungaba kuhle ukuthi uhlelo lwePhalamende lukwazi ukuvumela amalungu aleNdlu ukuba abe nethuba lokuba amabhekeleli, ikakhulukazi emaphuzwini okuzobe kunengxoxompikiswano ngawo. Lokho-ke siyocela ukuthi inkundla yoSotswebhu Abakhulu ikakhulukazi ibuke ukuthi izinsuku ze-CPA izozinikezela kanjani ukuze amalungu aleNdlu akwazi ukuba yingxenye yaleyo nhlanganiso. Sibuye sabamba iqhaza ngokuba yingxenye kuma-Obsever Missions abeholwa yi-SADC-PF kulamazwe alandelayo, iBotswana iNamibia, iMozambique, kanye neMauritius. Ngiyafisa ukubonga amalungu abemele le Ndlu ngokusebenza ngokuzikhandla nangokuzinikela. Ngiyafisa futhi ukubonga (Translation of isiZulu paragraphs follows.
Those are the issues I wanted to highlight. On the 8th of March we had a meeting to celebrate Mothers day. This programme was led by the Deputy Speaker and the Multi Party Women's Caucus. I hope the recommendations that were taken there will be put before the House for debate. In July there will be a CPA conference in Mpumalanga.
It would be appropriate if the Parliamentary programme allows members of this House to have the opportunity to go and observe, especially, the issues that will be debated. We will therefore request the Chief Whips Forum to look at how it will set aside the days of the CPA so that members of this House will be able to be part of that conference. We also participated in observer missions which were led by SADC-PF on the following countries: Botswana, Namibia, Mozambique and Mauritius. I also wish to thank those members who represented this House for their diligence and dedication.
South African embassies should play the role of providing delegations with information and advice on protocol without undermining the separation of powers as stipulated in the Constitution of the Republic of South Africa.
Kodwa-ke ngiyafuna ukusho ukuthi kona kusashoda, siyocela ikomidi loBudlelwano Namazwe Omhlaba kanye Nokubambisana eliholwa uMnumzane uNxesi ukuthi lenze umsebenzi walo wokuvakashela amaNxusa ukubhekelela ukuthi ngabe wonke asebenza ngendlela efanayo yini ngokumyalelo womphathiswa ophethe lo Mnyango.
Ngiyafisa-ke Somlomo ukuthi ngiqhubeke ngoba nesikhathi siyahamba, ukuthi siyile Phalamende kufanele siqinisekile ukuthi umphakathi uyafundiseka ngeqhaza elibanjwe yiPhalamende. Sasithe kungakuhle ukuthi amakomidi abambele imihlangano yawo ngaphandle kweziNdlu zePhalamende, futhi kunomkhakha obhekene ngqo nalomsebenzi ongaphansi kukaNobhala-Jikelele wePhalamende esiwubiza ngokuthi i-Public education Unit, kukhona ngisho ama-Parliamentary Democracy Offices ekubeni umhlonishwa u-Kalyan uthe awasebenzi.
Ngifisa ukusho ukuthi ake sizibheke thina njengamalungu aleNdlu ukuthi ngabe siyazisebenzisa yini izakhiwo ezibekwe yileli Phalamende ukuthi sizisebenzise ngendlela efanelekile, ngoba ama-democracy offices analo lonke ulwazi lokuthi kwenzakalani ePhalamende. Umsebenzi wethu ngamahho visi esizinda sabalandeli bethu ukuthi sakhe izinhlelo bese kuthi labo basebenzi abakulawo ma-Parliamentary Democracy Offices beze bazosifundisela umphakathi okumele siwubhekelele ukuze bakwazi ukuthi nabo baqhubekisele phambili uhlelo lwabo.
Kodwa uma thina njengePhalamende singalibambi leloqhaza lokuthi sihole azohlala angasebenzi, ngakho-ke bengifisa ukuthi ngesikhathi se-constituency ake siwasebenziseni futhi-ke ngiyazi ukuthi izinhlangano zepolitiki ziyanikezwa izimali zama-constituency, yebo sizosho ukuthi incane kodwa siyayisebenzisa yini noma cha.
Mhlawubhe lezo zinto yizinto okufanele sizibhekelele, ukuze sikwazi ukuphumelela kudingeka ukuthi sibe nokwesekwa okwanele ikakhulukazi kuBudlelwano Namazwe Omhlaba. Ngiyafisa-ke ukuthi kunobhala wePhalamende ukuthi kulezi zikhalo ezikhona kanye nokhwakha kabusha "restructuring" akwenze ngokuphazima kweso, ngoba uma kungenzeki angeke sikwazi ukuqhubekela phambili siyileNdlu.
Siyabonga-ke ukuthi uSomlomo neSekela lakhe, oSihlalo beNdlu kanye namalungu aleNdlu ayaseseka singoSihlalo beNdlu sikwazi ukusebenzisana ndawonye. Okokugcina sizocela ukuthi kube nokuqeqeshwa kwamalunga aleNdlu mhlawumbe abe ngamashumi amathathu noma amane mayelana ne-Observer Mission ukuze sikwazi ukubambe iqhaza ngendlela ezokwamukeleka ngaphansi kwemibandela ekhona kwi-SADC.
Ngiyakholwa futhi ukuthi iPhalamende linazo izindawo zokufundisa, lokho-ke siyocela ukuthi kwenzeke masinyane ngoba ngoSeptemba iTanzania izobe iya okhethweni kanti ngonyaka ozayo ngoNdasa iZimbabwe izobe iya okhethweni. Ngakho-ke singoSihlalo beNdlu siyasesekela lesi sabiwomali noma ngabe sincane kangakanani. Ngiyabonga. [Ihlombe] (Translation of isiZulu paragraphs follows.
But I would like to say that there are some things that are still lacking. Our plea to the Portfolio Committee on International Relations and Co-operation, led by Mr Nxesi, is to do its duty, which is to visit embassies to ensure that they function according to the instructions of the minister in charge of this department.
Speaker, I wish to continue but my time is limited. We, as Parliament, must ensure that the community is educated about the role of Parliament. We had taken a resolution that the committees should hold their meetings outside of Parliament. However, there are fields that are directly related to the work done by the Secretary to Parliament. The unit which deals with this is the Public Education Unit, but there are also Parliamentary Democracy Offices which the hon Kalyan referred to as non functional.
I wish that we can do introspection as members of Parliament to determine whether we are using the structures put in place by this Parliament as intended, because all Democracy Offices have information about the processes of Parliament. Our duties at these constituency offices are to put programmes in place so that the employees of those Parliamentary Democracy Offices can educate the community, so that the communities can take their programmes forward. But if we as Parliament don't play that role, which is to lead, these offices will remain nonfunctional. We should therefore make use of these offices during the constituency period and I know that political organisations are given a budget for constituency work. Yes, we do admit that the budget is small but are we using it?
Maybe we should budget for those things so that we have enough support, especially in terms of international relations. I want to say to the Secretary to Parliament that these recommendations and restructuring must be implemented as soon as possible, because if this is not done we will not go forward as this House.
We would like to thank you Speaker and your Deputy, the House Chairpersons and members of this House for supporting us as House chairpersons so that we can work together. Lastly, we would like to request training for approximately thirty to forty members of this House in respect of observer missions so that we can effectively take part, in a manner that is acceptable, in terms of SADC- protocol.
I believe that Parliament has the facilities to educate. We would like this request to be attended to urgently because in September Tanzania will hold their elections and next year in March, Zimbabwe will be holding theirs. Therefore, as House Chairpersons we support this budget even if it is very limited. Thank you. [Applause.
Adv T M MASUTHA: Mutshamaxitulu, ndzi yima ematshan'wini ya ANC ku ta seketela ku avanyisiwa ka mali leyi fambelanaka na mafambiselo ya Palamende eka siku ra namuntlha. Loko ndzi nga si ya emahlweni, ndzi lava ku pfunetanyana ndzi hlamusela Tat Muchaviseki Shilowa hi Xitsonga leswi Tat Chauke a va ringeta ku mi kombisa swona.
U nga voni xilavi etihlweni ra makwenu kambe ku ri na ntsandza emahlweni ka wena lowu ku tsandzisaka ku vona kahle leswaku ntiyiso wu le kwihi.
Leswi a va ringeta ku swi hlamusela hi leswaku murhangeri wa n'wina wa Cope la nga hundza, Tat Lekota, u hlamuserile rixaka leswaku ku na mali leyi nga twisisekiki leswaku yi tirhisiwe njhani eka nhlangeletano wa n'wina eka lembe leri nga hundza. Hikwalaho a va lava ku twisisa leswaku leswi mi swi vula njhani mi nga si hlamusela leswi mi tshamaka mi hi byela hi swona leswaku mfumo a wu na vutihlamuleri; a wu tirhisi mali ya rixaka hi ndlela leyi faneleke.
Leswi swi endliwa hi mhaka ya leswaku hina, hi ri Swirho swa Palamende leyi, hi fanele hi sungula hi tilangutisa ku vona leswaku swilo leswi hi nge van'wana va swi landzelela, xana hina ha swi landzelela ke Leswi hi leswi Tat Chauke a va ringeta ku mi hlamusela swona. Ndza tshemba leswaku mi kote ku swi twisisa hi Xitsonga. (Translation of Xitsonga paragraphs follows.?
Adv T M MASUTHA: Chairperson, I rise on behalf of the ANC to support the budget allocation which is in line with Parliament's administration to date. Before I proceed, I would like to assist hon Mr Shilowa a little regarding what Mr Chauke was trying to say in Xitsonga.
Why do you look at the speck of sawdust in your brother's eye while there is a plank in your eye which blinds you to see where the truth lies.
What he was trying to say is that your former Cope leader, Mr Lekota, has told the nation that there is money but it is not clear what it was used for during the congress you held last year. Therefore he wanted to get clarity as to how you have the guts to persistently say that the government is irresponsible; it is not using state money accordingly.
As Members of Parliament, we ought to do self-introspection first to determine the things we expect of others; are we following them ourselves This is what Mr Chauke was trying to find out from you. I believe that you were able to understand it in Xitsonga?
But let me proceed to deal with some of the issues that have been raised in this debate this afternoon. Sticking with hon Shilowa, I would like to concede the point that he correctly highlighted that delegated legislation, as the Constitution stipulates, requires to be scrutinised by this Parliament, given the fact that this Parliament has original law-making authority and therefore equally has the responsibility to ensure that when it delegates that authority to others, it ensures that those who then subsequently exercise that authority exercise it in line with the Constitution and the principles that it articulates. There I agree with the hon member.
However, where I disagree with him is with his proposal that there be a shift of the rules of engagement, especially when his own members are in default of those rules. The Deputy Speaker ruled a member of your party out of order, and that member of your party sought to contest the authority of the Deputy Speaker. There cannot possibly be any rule change that would promote the kind of anarchic practice where members would be allowed to have an altercation with a presiding officer. Otherwise proceedings of the House and the entire House itself would become completely dysfunctional and debilitated. That was the issue. [Applause.] And I think we must face the truth and not hide behind trivia.
As we debate this budget allocation of Parliament, it is incumbent on us to pause and reflect on our mandate and answer the question: Why are we here As the ANC, we move from the premise that political power is not attained for its own sake, but to pursue given political and sociopolitical objectives. We emerged through a democratic process based, first and foremost, on the principle of universal suffrage, where the people expressed their confidence in us and pinned their hopes on the promises that we made to them, which we dare not fail to fulfil?
Our specific mandate as Parliament and the manner in which we are enjoined to discharge it, have been well articulated in various parts of the Constitution, and I need not specify those provisions. We make laws with the involvement of our people through the public participation system that includes the holding of public hearings to solicit their input. We provide a platform for consideration of issues affecting our society through public debate. We hold the executive accountable in the implementation of national legislation and policy to ensure access to services by our people.
We exercise this oversight role by, amongst other things, inviting the executive and government departments to the various committees to account for the programmes they implement and their utilisation of public resources allocated to them by this Parliament, and by inviting the executive regularly to respond to questions relating to the discharge of their functions and responsibilities under the Constitution. All these matters have been thoroughly canvassed in the debate this afternoon.
Through the constituency system, jointly with other public representatives from the provincial and local spheres of government, we make ourselves directly available to the public to respond to, and intervene in, any issues relating to their access to the services I have alluded to provided by government, and information relating to the availability of those services.
South Africa is a constitutional democracy of a special kind. Over and above adhering to the principle of separation of powers between the three arms of state or government - namely the legislative, executive and judicial - we have gone further to entrench a value system based on human rights by including a bill of rights in the Constitution. We went even further to create various constitutional institutions to entrench safeguards and support this system of democracy. These institutions or instruments include, but are not limited to, the often talked about Chapter 9 institutions, such as the Human Rights Commission, the Public Protector and the Auditor-General. In particular, I wish to highlight the role of the Auditor-General, not so much because I am honoured to chair the standing committee that oversees that body, but because of its special role as the supreme audit authority in the country in terms of our Constitution and in line with international best practice.
The role of the Auditor-General in ensuring good and clean governance cannot be overemphasised. The latest audit outcomes reflected in the Auditor-General's reports are a cause for concern. Even though some improvement has occurred in some respect, eg with regard to the improvement in accounting systems and increased co-operation and demonstration of leadership amongst executive functionaries at all three spheres of government, according to the Auditor-General's own words, "much still needs to be done to improve our system of accountability" in government.
Section 181 of the Constitution, in addition to establishing this Chapter 9 institution, defines the relationship that other organs of state must maintain with this Chapter 9 institution.
These institutions are independent, and subject only to the Constitution and the law, and they must be impartial and must exercise their powers and perform their functions without fear, favour or prejudice.
Other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions.
No person or organ of state may interfere with the functioning of these institutions.
These institutions are accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year.
Now the work of these institutions and the reports that they are required by the Constitution to submit to this House constitute a valuable resource for us as members and as parliamentary committees to perform our oversight function. These institutions were created in part to assist Parliament in discharging its oversight mandate, hence it is up to Parliament to ensure that their findings and recommendations are carefully considered, adopted and enforced by it.
The challenge, however, is the capacity of Parliament and its committees, as well as individual members, to discharge these constitutional responsibilities with the meagre resources allocated to it. For us to do effective oversight, we require such resources as content specialists and researchers with expert knowledge of the fields that we work in, and with a clear mandate to go beyond information that has been provided by government departments in obtaining and presenting before these respective committees full information on issues of service delivery and other matters that affect the public. We require sufficient allocation of resources to do committee work such as holding public hearings and passing legislation. [Time expired.] I thank you very much. The ANC supports this budget. [Applause.
The SPEAKER: Chairperson, let me begin by thanking all the hon members who have spoken and made contributions. These are certainly most welcome and have all been noted. We have taken copious notes. I also want to thank my colleagues who have already answered to some of the questions. In fact they answered both questions that had been raised and questions that had not yet been asked. We are happy that there is this ongoing dialogue and discussion around issues of what it is that we want to achieve for this Parliament and how to go about achieving it.
Hon Davidson raised the issue of unanswered questions. I did, in my speech this year and last year, express concern that there are these questions that need to be answered, and I undertook that I was going to raise the matter with the Leader of Government Business, which I have done. As I've said it's ongoing and I continue to engage the Deputy President who is the Leader of Government Business. In fact, there has been an improvement with regard to the issue of unanswered questions. The Deputy President has assured me that we will continue addressing this issue.
Hon Davidson also raised the issue of 500 plus questions, some of which date back to before 2009. I am sure the hon member is aware that questions of a previous year lapse at the end of the annual session of Parliament, and the Rules of this Parliament do not allow for questions to be carried over. [Interjections.] Can I get protection?
The SPEAKER: Our Rules do not allow for questions to be carried over. [Interjections.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Davidson, order, please!
The SPEAKER: May I suggest that maybe members look at how to amend this Rule, but for now it is the Rule.
I would also like to speak on the other issue raised by the hon Davidson on the inability of structures of Parliament to take decisions and to also remind the member that he serves on all these structures, including the Chief Whips' Forum. So, the point is that we, wherever we are, need to make sure that all the structures function and function well.
Furthermore, I said in my speech this afternoon that we want to make this a vibrant Parliament that is able to take decisions and move forward. If there are any issues, I'm certainly hoping that we would be able to sit down and say what it is that we need to change for the better. We want this Parliament to be a better Parliament and to work effectively and efficiently. We all have a collective responsibility in this regard.
Having said that, again we should look at ways in which we can ensure more effective co-ordination and communication among the different structures. And we want, again, to look at the governance model, which we need to discuss in some detail. It might perhaps answer some of the questions and concerns that have been raised to date.
Chairperson Bapela is correct when he says that the money is not enough. It's a classical case of the wants, the needs and the resources. It's always difficult to balance those. The needs are greater than the resources available, which is why we also emphasise the issue of efficiency and effective use of the limited resources we have. We are receiving 2% of the national Budget. We certainly would want to get more money, but for now we don't have more resources.
It's also a case, which is a bit of a problem, as I mentioned earlier, that we have money that we cannot spend, yet we want more money. We need to find a solution to this problem. We only spent 69% of the budget, yet we want more when we cannot spend it. There certainly is a problem. There are bottlenecks that we need to address. Before we say we want more money, let's address the problem so that we can use the money effectively and efficiently. Adding more money does not solve the problem. Let's find the problem and identify it correctly, then we can find the solution to it.
The hon Shilowa raised an issue which the hon Masutha has addressed at length, which is how do we define a better role for Parliament in secondary legislation, ie legislations which are drafted by the executive and whose constitutionality should be tested. It was agreed at the Joint Rules Committee of 22 April 2010 that a draft resolution to establish interim mechanisms for scrutiny of delegated legislation be adopted by the Joint Rules Committee and placed before the House for consideration. That was the decision, and it needs to come to the House.
Hon Greyling raised the issue of political party funding. The request from the hon member Greyling that the Joint Rules Committee discuss a proposal for the establishment of an ad hoc committee to consider drafting legislation to regulate private party funding could not be placed on the agenda. As I had explained in the Joint Rules Committee meeting of 22 April 2010, the establishment of ad hoc committees is a decision taken directly by the House, or, in the case of joint ad hoc committee, by both Houses.
The Joint Rules Committee considers the establishment of permanent joint committees. And as we all know, the normal procedure for introducing legislation by a member is through the use of Rule 234, and the proposal is considered by the Committee on Private Members' Legislative Proposals and Special Petitions. The other procedures would be through the committee of Parliament. As Speaker, I do not have the power - although people believe I do - to instruct the National Assembly to introduce legislation, notwithstanding my opinion or interest in the matter.
In terms of Chapter 9 institutions and the so-called "Kader Asmal report", this is a recommendation that is before the Parliamentary Oversight Authority and the Joint Rules Committee.
With regard to the Pan-African Parliament, I agree with the comments made by Chairperson Oliphant, that in fact we are concerned about the Pan-African Parliament, which is not quite functioning as it should - which is why we have seconded, as Parliament, one of our own members. We are going to lose him in Parliament, but we think he will add value to the work of the Pan-African Parliament which we host, and that is Adv Madasa. We have also agreed that we will continue to give all support - political, moral and technical - to the Pan-African Parliament to make sure that it does function and function as an important body representing Parliaments of the continent. So, we do agree that something has to be done, but we also want to say that something is being done.
With regard to speaking time for smaller parties, I think hon members will remember that when I came in as Speaker I did invite leaders of parties and had discussions with them. I expressed my preference that there should be more time given to parties and that the minimum time would at least be three minutes. However, that is the decision of political parties. I have expressed my preference, but the decision is actually not mine, it is yours.
Around the issue of constituency allowances, again this is actually a decision of political parties. They are the ones who are in charge of the constituency allowances.
In terms of the issue of the budget office, which was raised by a number of members, let me inform members that the presiding officers met with political task team responsible for the implementation of Money Bills Amendment Procedures and Related Matters Act on 20 April 2010. The purpose of the meeting was to receive a progress report from the task team and to discuss around the implementation of the Money Bills Amendment Procedures and Related Matters Act with the view of reaching a common understanding. The process of establishing a budget office may seem to be slower than necessary. However, members will remember that this is an important and complex legislation that requires careful consideration and implementation. I have suggested to the task team that it would be advisable that we consult with other parliaments that have established budget offices to ensure that we benchmark with the best model out there. As I said, it is important to learn from others to avoid reinventing the wheel.
I also want to confess here that I was wrong on some issues. For example, I was all along under the impression that the Canadian model of the budget office is one of the best in the world, until I met the Minister of International Trade of Canada on March 16 2010 when he paid a courtesy call to Parliament. When I raised this issue he looked at me with great, great surprise and concern. He informed me that the Canadian budget office does not serve the objective for which it was established, and as such it has not assisted parliament in any way whatsoever. He did suggest that we not look at the Canadian model. We might look at other models, but we are not going to look at the Canadian model.
I agree that we need to improve our public participation and involvement in Parliament; there can certainly be no doubt about that. Parliament will review the work of members in constituencies as well with the view of finding measures on how best it can improve and enhance a representative democracy.
A lot of these comments are valuable because we will be looking at them and making sure that we are able to factor them as we go forward in terms of improving how Parliament works.
I agree entirely with the hon Dudley that global financial pressure led to domestic pressure, and that there is a real decrease in the budget allocation. I think that is spot on.
There is another issue on party funding being inadequate, but that there is a real increase despite the inadequacy of 2,1% in the current budget. I think that is to be commended.
Chairperson Skosana, I just want to indicate that the Quarterly Consultative Forum meets monthly and discusses all the interests of Members of Parliament. I also sympathise with the hon Chairperson Skosana that his 10 minutes appeared to be fewer than the 10 minutes that he normally allows himself when he speaks. I want to suggest that perhaps the 10 minutes was not enough because he did use the time to give out the names, addresses and telephone numbers of staff; that does take up quite a bit of time. [Laughter.
I agree with what you said, Hon Ellis. With your experience you say that all the Parliaments have been boring. I wasn't here, but I take your word for it that it has been very boring. So, let's make sure that it's not boring. Let's do something about it.
I want to thank you again for your participation and comments, and I also support the Budget Vote. Thank you. [Applause.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon members, you are invited by the presiding officers to the cocktail party. The buses will leave at 18:00 from the outside of the NCOP building, and transport will also be arranged from the venue to parliamentary villages. Hon members, I'm informed that the cocktail party will be held at Southern Sun Hotel, which is the old Cape Sun Hotel. It is located in Strand Street.
Order disposed of without debate.
That the Report be adopted.
Motion agreed to (Democratic Alliance abstaining).
Report accordingly adopted.
That the Reports be adopted.
Motion agreed to.
Report of Portfolio Committee on Public Works on Vote No 6: Public Works, and Strategic Plan for 2010/11 to 2012/13 of Department of Public Works and its Entities accordingly adopted.
Report of Portfolio Committee on Tourism on Vote No 34: Tourism accordingly adopted.
Report of Portfolio Committee on Higher Education and Training on Vote No 16: Higher Education and Training accordingly adopted.
Report of Portfolio Committee on Mineral Resources on Vote No 31: Mineral Resources, and Strategic Plan of Department of Mineral Resources accordingly adopted.
Report of Portfolio Committee on International Relations and Cooperation on Vote No 5: International Relations and Cooperation accordingly adopted.
Report of Portfolio Committee on Co-operative Governance and Traditional Affairs on Vote No 3: Co-operative Governance and Traditional Affairs accordingly adopted.
Report of Portfolio Committee on Human Settlements on Vote No 30: Human Settlements, and Strategic Plan of Department of Human Settlements and its Housing Entities accordingly adopted.
Report of Portfolio Committee on Social Development on Vote No 18: Social Development accordingly adopted.
Report of Standing Committee on Finance on Vote No 12: Statistics South Africa accordingly adopted.
Report of Portfolio Committee on Women, Youth, Children and People with Disabilities on Vote No 7: Women, Children and People with Disabilities accordingly adopted.
Report of Portfolio Committee on Science and Technology on Vote No 33: Science and Technology, and Corporate Strategy 2010-2013 accordingly adopted.
Report of Portfolio Committee on Economic Development on Vote No 27: Economic Development accordingly adopted.
Report of Portfolio Committee on Public Service and Administration on Vote No 11: Public Service and Administration accordingly adopted.
Report of Portfolio Committee on Health on Vote No 15: Health, and Strategic Plan of Department of Health for 2010/11-2012/ 13 accordingly adopted.
Report of Portfolio Committee on Communications on Vote No 26: Communications, and Department of Communications and its Entities accordingly adopted.
Report of Portfolio Committee on Communications on Vote No 8: Government Communication and Information System, and its Entities accordingly adopted.
Report of Portfolio Committee on Water and Environmental Affairs on Vote No 37: Water Affairs accordingly adopted.
Report of Portfolio Committee on Water and Environmental Affairs on Vote No 29: Environmental Affairs accordingly adopted.
Report of Portfolio Committee on Public Enterprises on Vote No 10: Public Enterprises, and Strategic Plan 2010/11 - 2012/13 of Department of Public Enterprises and its Entities accordingly adopted.
Report of Portfolio Committee on Transport on Strategic Plan and Budget of Department of Transport and its Entities accordingly adopted.
Report of Portfolio Committee on Agriculture, Forestry and Fisheries on Vote No 25: Agriculture, Forestry and Fisheries accordingly adopted.
Report of Portfolio Committee on Labour on Vote No 17: Labour, and Strategic Plan of Department of Labour and its Entities accordingly adopted.
Report of Portfolio Committee on Home Affairs on Vote No 4: Home Affairs, and Strategic Plan of Department of Home Affairs and its Entities accordingly adopted.
Report of Portfolio Committee on Trade and Industry on Vote No 35: Trade and Industry accordingly adopted.
Report of Portfolio Committee on Sport and Recreation on Vote No 19: Sport and Recreation South Africa, and Strategic Plan of Department of Sport and Recreation for 2010-2014 accordingly adopted.
Report of Portfolio Committee on Rural Development and Land Reform on Vote No 32: Rural Development and Land Reform accordingly adopted.
Report of Portfolio Committee on Correctional Services on Vote No 20: Correctional Services accordingly adopted.
Report of Portfolio Committee on Defence and Military Veterans on Vote No 21: Defence and Military Veterans accordingly adopted.
Report of Portfolio Committee on Energy on Vote No 28: Energy accordingly adopted.
Report of Portfolio Committee on Police on Vote No 24: Police accordingly adopted.
Report of Portfolio Committee on Police on Vote No 22: Independent Complaints Directorate accordingly adopted.
Report of Portfolio Committee on Public Works on Oversight Visit to Eastern Cape (1-3 February 2010) accordingly adopted.
Report of Portfolio Committee on Higher Education and Training on Oversight Visit to Cape Peninsula University of Technology (Cput), Cape Town Campus accordingly adopted.
Report of Portfolio Committee on International Relations and Cooperation on Annual Report of Department of International Relations and Cooperation for 2008/9 accordingly adopted.
Report of Portfolio Committee on Economic Development on Oversight Visit to different entry points focusing on customs fraud accordingly adopted.
Report of Portfolio Committee on Economic Development on Oversight Visit to companies in distress accordingly adopted.
Report of the Portfolio Committee on Public Enterprises on Oversight visit to State-owned Enterprises (16 - 19 November 2009) accordingly adopted.
Report of Portfolio Committee on Trade and Industry on Review of National Gambling Legislation accordingly adopted.
The House adjourned at 17:30.
<fn>GOV-ZA.28445En.2012-02-10.en.txt</fn>
The Minister of Transport intends introducing the National Road Traffic Amendment Bill in the National Assembly. The explanatory summary of the Bill is hereby published for comments in accordance with the Rules of the National Assembly.
The Bill seeks to enhance professionalism of law enforcement officers; combat fraudulent and corrupt practices in law enforcement; limit and control fraudulent and corruptive practices generally; clarify conduct that constitutes an offence; increase the range of sanctions for offenders who continuously transgress the laws governing road traffic through the introduction of provisions permitting the seizure of vehicles and loads and the forfeiture of vehicles and loads; empower the Minister to set fees payable in respect of overloaded vehicles and to provide for matters connected thereto.
Copies of the bill are attached for ease of reference.
Road Traffic Act, 1996 (Act No.93of 1996), in order enhance the professionalism of traffic officers and combat fraudulent and corruptive practices in law enforcement; limit and control fraudulent and corruptive practices generally; clarify conduct that constitutes an offence; prohibit private persons from operating driving licence testing centers; ensure that applicants for driving licences apply at the centers nearest to their place of residence; expand the range of human resource development in respect of traffic officers; enhance the quality of learner and driving licence evaluation; provide for the endorsement or suspension of a driving licence if a driver is convicted on a charge of excessive speeding; enhance the quality of roadworthiness certification, the quality of road accident reporting and the regulation of overloading control; increase the range of sanctions for offenders through the introduction of provisions permitting the seizure of vehicles and loads and the forfeiture of vehicles and loads; and empower the Minister to set fees payable in respect of overloaded vehicles.
Members of the Executive Council responsible for traffic or transport in the nine provinces were consulted and consensus regarding the proposed changes was reached.
IMPLICATIONS FOR PROVINCES None.
or (2) of the Constitution since it falls within a functional area listed in Schedule 4 to the Constitution, namely road traffic regulation.
Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
To amend the National Road Traffic Act, 1996, so as to insert certain definitions and to amend others; to prohibit the unauthorised use of an authorised officer's infrastructure number; to provide for visible display of nametags by traffic officers; to regulate the conduct of traffic officers in relation to the examination of the loading of motor vehicles; to prohibit the impersonation of traffic officers and the wearing of a traffic officer's uniform without official written permission; to create new offences; to empower the Minister to prescribe training procedures and qualifications of persons appointed as national inspectors at driving licence testing centres and testing stations; to make new provision regarding the process of issuance of driving licences; to recognise foreign road worthiness related documentation issued ina prescribed territory; to empower the Minister to prescribe the manner and form of accident reporting; to provide for circumstances when emergency vehicles may ignore road traffic signs and speed limits; to provide for liability of managers, agents and employees; to provide for an administrative overloading control system; to provide for the seizure of vehictes and loads; to provide for the forfeiture of vehicles and loads; and to empower the Minister to set fees and to amend the National Road Traffic Amendment Act, 1999, so as to delete obsolete provisions; and to provide for matters connected therewith.
'chief executive officer' means the chief executive officer of the Road Traffic Management Corporation appointed in terms of section 15 of the Road Traffic Management Corporation Act, 1999 (Act No.
'reserve traffic officer' means a person who complies with the requirements of section 3D and is reaistered as a traffic officer in terms of section 3C or anv person who is a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and has been appointed as a reserve traffic officer bv the chief executive officer or the MEC, as the case mav be, on a temporarv basis for a specific period; 'reserve traffic warden' means a person who has been declared a peace officer bv the Minister of Justice in terms of section 334 of the Criminal Procedure Act, 1977 (Act No.51 of 1977), and has been appointed as a reserve traffic warden bv the chief executive officer or the MEC, as the case mav be.
'traffic warden' means a person who has been declared bv the Minister of Justice to be a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
Amendment of section 3A of Act 93 of 1996, as inserted by section 2 of Act 21 of I999 2.
such probation period [complies] comply with the competency and registration requirements prescribed for the specific [appointment] category of appointment; and may not use an authorised oficer's infrastructure number to certify a vehicle tested bv such person.
A traffic officer must at all times when wearing a full or partial his or her official name taq breast pocket in such a manner that it is completely visible and easily legible.
exercise anv prescribed power or perform any prescribed dutv in relation to the loading of motor vehicles in the prescribed manner:.
Amendment ofsection 3K of Act 93 of 1996, as inserted by section 2 of Act 21 of 1999 4.
Any person who is not an authorised officer or a peace officer shall not act in a way which mav create an impression that he or she is an authorised officer or a peace officer and no person shall by way of word, action, conduct or demeanour, pretend that he or she is an authorised officer or peace officer.
appointed as a traffic officer under this Act may not wear a traffic officer's uniform, any part of such uniform or anv other aarment or badge that distinguishes a person as a traffic officer without the written the Minister or the MEC, as the case mav be, may if accomPanied bv law enforcement officials, wear a 'traffic officer's uniform.
Amendment of section 4 of Act 93 of 1996, as substituted by section 3 of Act 21 of 1999 5.
Amendment of section 8 of Act 93 of 1996 6.
A department of Stateor registering authority desiring to operate a driving licence testing centre shall in the prescribed manner apply to [the MEC in whose province that centre will be operated,] the inspectorate of driving licence testing centres for the registration of such testing centre."
Amendment of section 17 of Act 93 of 1996 8.
Notwithstanding subsection(1). if there is no appropriatelv for a learner's licence must applv for the person to applv resides: or allocate a sPecific atmropriatelv graded testing centre for that municipal area.
"(2) Upon receipt of an application in terms of subsection (l), the driving licence testing centre concerned shall, if it is satisfied from the information furnished [in the application] or from such further information as such centre may reasonably request, that the applicant is not disqualified from obtaining a learner's licence, determine a day on and time at which the applicant shall present himself or herself to be [examined and tested by an examiner for driving licences] evaluated in the maflner and in respect of the matters as prescribed."
in the case where the applicant is found to be competent to drive with the aid of spectacles or contact lenses, an artificial limb or other physical aid, endorse the licence accordingly; and in the case where the applicant is a physically disabled person who has to drive a vehicle adapted for physically disabled persons, or a vehicle adapted specifically for that physically disabled applicant, endorse the licence accordingly.
If the court makes an order diSQUalifvinq for a learner's licence, and the State leads evidence to the effect that the apelicant has obtained a learner's licence in the meanwhile, anv such learner's shall be null and void and the court shall require the accused to produce any such licence and shall cancel it.
Amendment of section 18 of Act 93 of 1996, as substituted by section 12 of Act 21 of '1999 9.
)who desires to obtain a driving licence shall apply in person in the prescribed manner to an appropriately graded driving licence testing centre in the municipal area in which the person resides for a licence to drive a motor vehicle of a class the driving of which is authorised by his or her learner's licence.
municipal area, anv person residing in that area who wishes to apply give written permission for the Derson for a driving licence in a municipal area other than that in which the person resides: or graded testing centre for that municipal area.
of an offence and upon conviction shall. in addition to anv other sentence which the court may for a driving licence for a period not exceedina 12 months from the date of conviction.
If the court makes an order disaualifvina the applicant from re-apPlvinq for a driving licence. and the State teabs evidence to the effect that the amiicant has obtained a drivina licence in the meanwhile, anv such driving licence shall be null and void and the court shall reauire the accused to Droduce any such licence and shall cancem.
to the applicant and, if applicable, endorse such driving licence in accordance with section 18(4).
direct where an applicant for a learner's licence shatl be evaluated and at which driving licence testina centre such applicant may apDJv for a learner's lieence.
Amendment of section 27 of Act 93 of 1996 12.
(ii) notify the authority which issued the licence [or, in the case where it is contained in an identity document, the Director-Generalof Home Affairs] accordingly .'I.
0section 59(4), in the case of a conviction for an offence, where-@ a speed in excess of 30 kilometres per hour over the speed limit in an urban area was recorded: or a speed in excess of 40 kilometres per hour over the applicable speed limit outside an urban area or on a freewav, was recorded;"; and the substitution for subsection (3) of the following subsection: "(3) If a court convicting any person of an offence referred to in subsection (I), is satisfied, after the presentation of evidence under oath, that circumstances relating to the offence exist which do not justify the suspension or disqualification referred to in subsection (I)or (2), respectively, the court may, notwithstanding the provisions of those subsections, order that the suspension or disqualification shall not take effect, or shall he for such shoder period as the court may deem fit.".
Amendment of section 41 of Act 93 of 1996 14.
Amendment of section 42 of Act 93 of 1996, as substituted by section 6 of Act 8 of 1998 15.
"(5) Any document issued by a competent authority in a prescribed territory relatinq and serving a similar purpose to that of certification of roadworthiness or a roadworthy certificate shall, in accordance with the conditions thereof but subject to this Act, be deemed to be certification of roadworthiness or a roadworthy certificate relating to anv such vehicle registered in the prescribed territorv for the purpose of subsection (2) or (3), as the case may be.".
Amendment of section 58 of Act 93 of 1996 16.
vehicle, a rescue vehicle, an emeraency medical response vehicle or an ambulance who drives such vehicle in the performance of his or her duties, a traffic officer who drives a vehicle in the carrying out of his or her duties or any person driving a vehicle while engaged in civil protection as contemplated in any ordinance made in terms of section 3 of the Civil Protection Act, 1977 (Act No.
of this section, the phrase 'in the Derformance of his or her duties means onlv those duties performed incases of real emeraencies where it is on the face of it uraentlv in order to move quicklv of a human beina, the imminent commission of a crime or the escape of a suwected criminal'.
of section 60 of Act 93 of 1996 17.
Notwithstanding the provisions of section 59, the driver of a fire-fighting vehicle, a fire-fiahtina rewonse vehicle, a rescue vehiclem emergency medical response vehicle or an ambulance who drives such vehicle in the carrying out of his or her duties, a traffic officer who drives a vehicle in the carrying out of his or her duties or any person driving a vehicle while engaged in civil protection as contemplated in any ordinance made in terms of section 3 of the Civil Protection Act, 1977 (Act No.
in the case of any such fire-fighting vehicle, fire-finhtinn response vehicle, rescue vehicle, emergency medical resDonse vehicte, ambulance or vehicle driven by a person while he or she is so engaged in civil protection, such vehicle shall be fitted with a device capable of emitting a prescribed sound and with an identification lamp, as prescribed, and such device shall be so sounded and such lamp shall be in operation while the vehicle is driven in excess of the applicable general speed limit; and or her duties means only those duties performed in cases of real where it is on the face of it urgently any speed limit referred to in section 59 1.
in order to move auicklv to prevent the death or injury the imminent commission of a crime or the escaDe criminal'.
Amendment of section 61 of Act 93 of 1996 18.
or in any other case on the first working dav after the occurrence of such accident, report the accident to any police officer at a police station or at any office set aside by a competent authority for use by a traffic officer, and there produce his or her driving licence and furnish his or her identity number and such information as is referred to in [that] paragraph Lel, the driver shall report the accident on the prescribed form and in the prescribed manner and the officer concerned shall deal with the report in the prescribed manner; the MEC of the province in whose area the accident occurred shail ensure that the accident is recorded onto the reclister of accidents in the prescribed m.anner and within the Prescribed Period: and not, except on the instructions of or when administered by a medicat practitioner in the case of injury or shock, take any intoxicating liquor or drug having a narcotic effect unless he or she has complied with the provisions of paragraph 0, where it is his or her duty to do so, and has been examined by a medical practitioner if such examination is required by a traffic officer.
0No person shall produce anv document to be used for the purooses of this Act which differs in anv wav from a format or in, Content from a document Prescribed Interms of this Act.
Act or omission of manager, agent or employee of consignor and consignee of a consianor or consiqnee, as the case may be, does or fails to do anvthin or consignee had done or failed to do it, would have constituted an offence in terms of this Act, the consianor or consignee.
that he or she took all reasonable measures to prevent such act or omission; and that such act or omission did..not fall within the scope of the authoritv of or in the course of the emplovment of such manager, agent or employee, be deemed to have committed or omitted that act and be liable to be convicted and sentenced in resDect thereof.
In anv Drosecution under this Act, a aoods declaration or anv other document relating to the load of a vehicle and confiscate, d from such vehicle shall be proof of the truth of the matters stated in such document unless credible evidence to the contrarv is adduced.
Amendment of section 75 of Act 93 of 1996, as amended by section 13 of Act 8 of t998 and section 31 of Act 21 of 1999 21.
"(b) the identification of vehicles or parts of vehicles and, in relation to a motor vehicle, the size and shape of the [registration] licence mark or number to be displayed in terms of this Act and the means to be applied to validate such mark or number and to render any such mark or number easily distinguishable, whether by night or by day, when any such vehicle is operated on a public road."
the equipment to be used for law enforcement purposes, the certification of sucheauipment and requirements in resr>ect of records obtained from the eauipment; and equipment to limit speed.
subiect to the Promotion of Access to Information Act, 2000 (Act No.2 of 2000): and the fees for the provision ofsuch information.
Substitution of section 81 of Act 93 of 1996 23.
"Vehicle and load may be exempted from provisions of Act of the other provinces, subject to such conditions and upon payment of such fees or charges as he or she may determine, authorise in writing, either generally or specifically, the operation on a public road inthe relevant province of a vehicle which, [does] due to such vehicle's original design cannot comply with the provisions of this Act or the conveyance in a safe manner on a public road inthe province of passengers or any load otherwise than in accordance with the provisions of this Act.".
Amendment of section 89 of Act 93 of 1996 24.
or (9) shall be liable to a fine or to imprisonment for a period not exceeding six years.
) shall be liable to a fine or to imprisonment for a period not exceeding three years.
For the purposes of this section 'overjoadinrr fund account' means a fund contemptated in subsection (3).
the administration of the overloading fund account.
of an offence and liable on conviction to a fine in addition to the overloadinq fee or to imtxisonment for a period not exceeding ten Years or to both a fine and such imprisonment.
The amount of an dverloadina fee paid by an owner or operator must be refunded if-&! the accused is acquitted by a court on a charge relating to the the charge contemplated in paraaraph has been withdrawn by the State in terms of section 6 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); the person has made a successful representation to the Road Traffic infringement Agency in terms of section 18 of Road Traffic Offences Act, 1998 (Act No.
A court convictins an owner or operator on a charge an amount has been paid into the overloading fund account when sentencing the owner or operator.
A traffic officer mav seize any vehicle which is beina driven in contravention of section 89A(4), together with its load.
Any vehicle and its load seized in terms of subsection 1 1 shall be held in safekeeping in the prescribed place and manner until the relevant overloading fee has been paid.
and the vehicle inquestion, with or without its load, has not vet been released in terms of section 89B(2).
the court mav declare the convicted person's rinhts in and to the vehicle or its load or both to be forfeited to the State.
Substitution of section 92 of Act 93 of 1996, as amended by section 38 of Act 21 of 1999 28.
Fees or request made, or document issued, or anv other matter, relatina to the registration and licensing svstem ofmotor vehicles, shall be determined under the laws of the Drovince concerned.
The fees payable in respect of any application or request made, or document issued, or any other matter referred to in this Act, other than the fees which relate to the renistration and licensing svstem of motor vehicles, shall be prescribed.
defray the costs incurred bv the Corporation with respect to the issuance of driving licences, shall be prescribed.
shall be administered as prescribed.
Amendment of Act 21 of 1999 29. The National Road Traffic Amendment Act, 1999, is hereby amended by the deletion of sections 6, 14 and 22.
This Act is called the National Road Traffic Second Amendment Act, 2005 and comes into operation on a date fixed by the President by Proclamation in the Gazefte.
<fn>GOV-ZA.2850En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2855En.2012-02-10.en.txt</fn>
With Tuesday marking 100 days to the kick-off to the 2010 FIFA World Cup, excitement is building across South Africa.
<fn>GOV-ZA.2858En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.2860En.2012-02-10.en.txt</fn>
Please choose Activities Implemented Jointly Admin. & Financial Matters Art. 2.3/3.14 Kyoto Protocol Art. 4.8 Convention Art. 4.9 Convention Art. 5/7/8 Kyoto Protocol Brazilian Proposal Capacity Building Clean Development Mechanism Co-operation with intl. Org. Compliance Education & Outreach Emissions Trading Financial Mechanism Greenhouse Gases Inventories Interactions with Ozone Layer Intl. Transport & Bunker Fuels Joint Implementation Kyoto Mechanisms LULUCF Methods and Science Policies & Measures REDD Research/Systematic Observat.
The third part of the sixteenth session of the Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP 16) and the third part of the fourteenth session of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention (AWG-LCA 14) will take place in Panama City from Saturday, 1 October to Friday, 7 October 2011 at the Centro de Convenciones ATLAPA, Panama City, Panama.
The 34th sessions of the Subsidiary Body for Implementation (SBI) and the Subsidiary Body for Scientific and Technological Advice (SBSTA) took place from 6-16 June. The second part of the fourteenth session of the AWG-LCA and the second part of the sixteenth session of the AWG-KP took place from 7-17 June. All sessions were held at the Maritim Hotel in Bonn.
All available information from the conference can be found here.
Speaking at the closing session of the third Africa Carbon Forum held in Marrakech, Christiana Figueres highlighted the great potential for Africa to participate in the carbon market, which she said is in the process of reinvigorating itself.
Speaking on the final day of the UN Climate Change Conference in Bonn, Germany, the UNís climate change chief said that the negotiations had made clear advances on key issues and were also identifying areas that will require high-level political leadership ahead of the annual conference in Durban.
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The report of the 62nd meeting of the CDM Executive Board is now available online.
The proposed agenda and its annotations for the 2nd meeting of the Transitional Committee for the design of the Green Climate Fund are available online.
Written inputs submitted by Parties during the second part of the fourteenth session of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention. Submissions from Parties.
European Union (the). Report of the individual review of the annual submission of the European Union submitted in 2010.
Austria. Report of the in-depth review of the fifth national communication of Austria.
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<fn>GOV-ZA.28651cEn.2012-02-10.en.txt</fn>
STAATSKOERANT, 31 MAART 2006 No.
The South Afi.
Maritime Safety Authority (SAMSA) publishes for public comment the proposed measures set out in the accompanying Schedule. Written submissions should reach SAMSA on or before 12 May 2006 (Note: late submission may be disregarded).
0028;or faxed to (012) 366 2601;or emailed to cbriesch@samsa.org.
C Briesch at (012) 366 2624. Attention is invited to the explanatory memorandum accompanying the Bill in Part 1 of the Schedule.
Part 2 Draft Merchant Shipping (Safe Containers Convention) Regulations, 2006 28 No.
To give effect to the International Conventlon for Safe Containers, and for related matters.
of the South African Maritime Safety Authority Act, 2998 (Act No.
"organ of state" has the meaning it has in section 239 of the Constitution of the Republic of South Africa, 1996; "the Convention" means the International Convention for Safe Containers set out in Part 1 of the Schedule and, after the commencement of Part 2 of the Schedule, as amended by that Part; "the Republic" includes the Prince Edward Islands referred to in section 3; "this Act" includes the regulations.
This Act extends to the Prince Edward Islands within the meaning of section 1 of the Prince Edward Islands Act, 1948 (Act No. 43 of 1948).
In its application to those Islands, transport between places in the Republic and places in those Islands is taken to be international transport within the meaning of Article II, paragraph 6 of the Convention.
of the Convention have the force of law as part of the law of the Republic.
The regulations may prescribe matters necessary or convenient for carrying out or giving effect to the applied provisions of the Convention.
The Authority may designate as an inspector for the purposes of this Act any person who, in the Authority's opinion, is qualified to be so designated.
The Authority must give every inspector a certificate attesting to his or her designation as an inspector setting out the provisions of this Act and the Convention that the inspector is authorised to enforce.
When boarding any vehicle or entering any place described in section 8(1), an inspector must, if so required, show the certificate to the person in charge the vehicle or place.
go on board any vehicle, including a ship, train, truck or aircraft, or enter any place in which he or she believes on reasonable grounds there is a container, for the purpose of verifying that the container carries a valid Safety Approval Plate as required by the Convention; and examine any record or document required by the regulations to be kept, and make copies or extracts.
The owner or person in charge of any vehicle boarded or place entered by an inspector and every person found therein must give the inspector all reasonable assistance to enable the inspector to perform his or her functions under this Act and must provide the inspector with any information that he or she may reasonably require with respect to the administration of this Act.
No person may obstruct or hinder an inspector in the performance of his or her functions under this Act.
No person may knowingly make any false or misleading statement, either orally or in writing, to an inspector engaged in the performance of his or her functions under this Act.
Unless authorised by an inspector, no person may remove or interfere in any way with a container detained by an inspector under the regulations.
DratMerchant Shipping (Safe Containers Convention) Bill and Regulations: For comment direct an inquiry to be made into the accident or incident and may, subject to the regulations, authorise to conduct the inquiry any person or persons who in the Authority's opinion are qualified to be so authorised?
to (vi) and (4) of section 9 of the Merchant Shipping Act, 1951 (Act No.
57 of 1951), and subsections (2) and (3) of that section apply accordingly.
As soon as possible after the conclusion of an inquiry, the person or persons authorised to conduct the inquiry must give a report with recommendations to the Authority, together with all the evidence and other material that was before the inquiry.
The report must be published by the Authority within 60 days after its receipt by the Authority, unless the report contains a recommendation that publication be withheld in the public interest, in which case the Authority may withhold publication of the report in whole or in part as it thinks fit.
However, if the concurrence of another person was obtained in relation to the choice of the person or persons to be authorised to conduct an inquiry, the report, or any portion thereof, may not be published unless that other person consents to publication.
The Authority may supply copies of a published report in the manner and on the terms that it thinks proper.
DraR Merchant Shipping (Safe Containers Convention) Bill and Regulations: For comment time to time, without stating the text, by mere reference to the number, title and year of issue of that document or to the other particulars by which that document can readily be identified, and any provision so made is, in the absence of a contrary intention, taken to have been made in terms of the relevant document as revised or re-issued from time to time.
A copy of the complete text of each document, as revised or re-issued from time to time, in terms of which provision is made under paragraph (a),is to be kept at the place or places in the Republic that the Authority directs and is to be available for public inspection.
To avoid doubt, section 31 of the Standards Act, 1993 (Act No. 29 of 1993), does not affect the operation of this subsection.
A personwho contravenes a provision of this Act commits an offence punishable upon conviction by a fine or by impdsonment for a period not exceeding twoyears.
the accused is found or carries on business in the territorial jurisdiction of that court.
Merchant Shipping (Safe Containers Convention) Bill and Regulations: For comment the Authority may, after the inquiry that it thinks fit, determine the matter summarily and may, without legal proceedings, order the whole or any part of the deposit to be forfeited by way of a penalty.
There is a right of appeal to the Minister against a determination or order of the Authority. This right must be exercised within 90 days from the date of the determination or order.
The imposition of a penalty under subsection (3)is taken not to be a conviction of an offence; however, no prosecution in respect of the offence in question may thereafter be instituted.
All fines and other money penalties imposed under this Act are to be paid to the Authority for the benefit of the Maritime Fund established by section 38 of the South African Maritime Safety Authority Act, 1998 (Act No.5 of 1998).
This Act continues in force until a day fixed by the President by proclamation inthe Gazeffefollowing denunciation of the Convention by the Republic or the termination thereof in accordance with Article XII.
The International Convention for Safe Containers Act, 1985 (Act No.11of 1985), is repealed.
This Act is called the Merchant Shipping (Safe Containers Convention) Act, 2006.
of the Convention.
The Contracting Parties undertake to give effect to the provisions of the present Convention and the Annexes hereto, which shall constitute an integral part of the present Convention.
The presenttext incorporates corrections effectedby the Proc&s-Verbal of Rectificationof 25June 1976 and amendments adopted by the MaritimeSafety Committeeof the InternationalMaritime Organization, in 1981, 1983 and 1991 (MSC.20(59)).
(75 sq ft) if it is fitted with top corner fittings. The term "container" includes neither vehicles nor packaging; however, containers when carried on chassis are included.
"Corner fittings" means an arrangement of apertures and faces at the top and/or bottom of a container for the purposes of handling, stacking and/or securing.
"Administration" means the Government of a Contracting Party under whose authority containers are approved.
"Approved" means approved by the Administration.
"Approval" means the decision by an Administration that a design type or a container is safe within the terms of the present Convention.
"International transport" means transport between points of departure and destination situated in the territory of two countries to at least one of which the present Convention appties.
STAATSKOERANT, 31 MAART 2006 No.28651 39 two countries takes place in the territory of a country to which the present Convention applies.
"Cargo" means any goods, wares, merchandise and articles of every kind whatsoever carried in the containers.
"New container" means a container the construction of which was commenced on or after the date of entry into force of the present Convention.
"Existing container" means a container which is not a new container.
"Owner"means the owner as provided for under the national law of the Contracting Party or the lessee or bailee, if an agreement between the parties provides for the exercise of the owner's responsibility for maintenance and examination of the container by such lessee or bailee.
"Type-series container"means any container manufactured in accordance with the approved design type.
"Prototype" means a container representative of those manufacturedor to be manufactured in a design type series.
"Maximum operating gross weight" or "rating" or " R means the maximum allowable combined weight of the container and its cargo.
"Tare weight" means the weight of the empty container including permanently affixed ancillary equipment.
"Maximum permissible payload" or "Pn means the difference between maximum operating gross weight or rating and tare weight.
The present Convention applies to new and existing containers used in international transport, excluding containers specially designed for air transport.
Every new container shall be approved in accordance with the provisions either for type-testing or for individual testing as contained in Annex 1.
Every existing container shall be approved in accordance with the relevant provisions for approval of existing containers set out in Annex I within five years from the date of entry into force of the present Convention.
For the enforcement of the provisions of Annex I every Administration shall establish an effective procedure for the testing, inspection and approval of containers in accordance with the criteria established in the present Convention, provided, however, that an Administration may entrust such testing, inspection and approval to organizations duly authorized by it.
Governmental Maritime Consultative Organization (hereinafter referred to as "the Organization") for communication to Contracting Parties.
Application for approval may be made to the Administration of any Contracting Party.
Every container shall be maintained in a safe condition in accordance with the provisions of Annex 1.
the Administration concerned shall take such steps as it deems necessary to bring the container into compliance with such requirements or to withdraw the approval.
Approval under the authority of a Contracting Party, granted under the terms of the present Convention, shall be accepted by the other Contracting Parties for all purposes covered by the present Convention. It shall be regarded by the other Contracting Parties as having the same force as an approval issued by them.
A Contracting Party shall not impose any other structural safety requirements or tests on containers covered by the present Convention, provided, however, that nothing in the present Convention shall preclude the application of provisions of national regulations or legislation or of international agreements, prescribing additional structural safety requirements or tests for containers specially designed for the transport of dangerous goods, or for those features unique to containers carrying bulk liquids or for containers when carried by air. The term "dangerous goods" shall have that meaning assigned to it by international agreements.
Every container which has been approved under Article 111 shall be subject to control in the territory of the Contracting Parties by officers duly authorized by such Contracting Parties. This control shall be limited to verifying that the container carries a valid Safety Approval Plate as required by the present Convention, unless there is significant evidence for believing that the condition of the container is such as to create an obvious risk to safety. In that case the officer carrying out the control shall only exercise it in so far as it may be necessary to ensure that the container is restored to a safe condition before it continues in service.
Administration responsible for that approval shall be informed by the Contracting Party which detected the defect.
Atomic Energy Agency or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the present Convention.
The present Convention is subject to ratification, acceptance or approval by States which have signed it.
The present Convention shall remain open for accession by any State referred to in paragraph 1.
The present Convention shall enter into force twelve months from the date of the deposit of the tenth instrument of ratification, acceptance, approval or accession.
Merchant Shipping (Safe Containers Convention) Bill and Regulations: For comment force twelve months after the date of the deposit by such State of its instrumentof ratification, acceptance, approval or accession.
be considered as a Party to the unamended Convention in relation to any Party to the Convention not bound by the amendment.
The present Convection may be amended upon the proposal of a Contracting Party by any of the procedures specified in this Article.
Upon the request of a Contracting Party, any amendment proposed by it to the present Convention shall be considered in the Organization. If adopted by a majority of two thirds of those present and voting in the Maritime Safety Committee of the Organization, to which all Contracting Parties shall have been invited to participate and vote, such amendment shall be communicated to all Members of the Organization and all Contracting Parties at least six months prior to its consideration by the Assembly of the Organization. Any Contracting Party which is not a Member of the Organization shall be entitled to participate and vote when the amendment is considered by the Assembly.
Merchant Shipping (Safe Containers Convention) Bill and Regulafions: For comment the amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.
Such amendment shall come into force twelve months after the date on which it is accepted by two thirds of the Contracting Parties. The amendment shall come into force with respect to all Contracting Parties except those which, before it comes into force, make a declaration that they do not accept the amendment.
Article VI1 shall be invited will be convened by the Secretary-General.
Any amendment to the Annexes proposed by a Contracting Party shall be considered in the Organization at the request of that Party.
General to all Contracting Parties for their acceptance.
Such an amendment shall enter into force on a date to be determined by the Maritime Safety Committee at the time of its adoption unless, by a prior date determined by the Maritime Safety Committee at the same time, one fifth or five of the Contracting Parties, whichever number is less, notify the Secretary-Generalof their objection to the amendment. Determination by the Maritime Safety Committee of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting, which majority shall include a two-thirds majority of the Contracting Parties present and voting.
On entry into force any amendment shall, for all Contracting Parties which have not objected to the amendment, replace and supersede any previous provision to which the amendment refers; an objection made by a Contracting Party shall not be binding on other Contracting Parties as to acceptance of containers to which the present Convention applies.
Contracting Parties and Members of the Organization of any request and communication under this Article and the date on which any amendment enters into force.
Where a proposed amendment to the Annexes has been considered but not adopted by the Maritime Safety Committee, any Contracting Party may request the convening of a conference to which the States referred to in Article VI1 shall be invited. Upon receipt of notification of concurrence by at least one third of the other Contracting Parties, such a conference shall be convened by the Secretary-General to consider amendments to the Annexes.
Any Contracting Party may denounce the present Convention by effecting the deposit of an instrument with the Secretary-General. The denunciation shall take effect one year from the date of such deposit with the Secretary-General.
A Contracting Party which has communicated an objection to an amendment to the Annexes may denounce the present Convention and such denunciation shall take effect on the date of entry into force of such an amendment.
The present Convention shall cease to be in force if the number of Contracting Parties is less than five for any period of twelve consecutive months.
Any dispute between two or more Contracting Parties concerning the interpretation or application of the present Convention which cannot be settled by negotiation or other means of settlement shall, at the request of one of them, be referred to an arbitration tribunal composed as follows: each party to the dispute shall appoint an arbitrator and these two arbitrators shall appoint a third arbitrator, who shall be Chairman. If, three months after receipt of a request, one of the parties has failed to appoint an arbitrator or ifthe arbitrators have failed to elect the Chairman, any of the parties may request the Secretary-General to appoint an arbitrator or the Chairman of the arbitration tribunal.
The decision of the arbitration tribunal established under the provisions of paragraph 1 shall be binding on the parties to the dispute.
The arbitration tribunal shall determine its own rules of procedure.
Decisions of the arbitration tribunal, both as to its procedures and its place of meeting and as to any controversy laid before it, shall be taken by majority vote.
Any controversy which may arise between the parties to the dispute as regards the interpretation and execution of the award may be submitted by any of the parties for judgment to the arbitration tribunal which made the award.
I. Reservations to the present Convention shall be permitted, excepting those relating to the provisions of Articles Ito VI, XIII, the present Article and the Annexes, on condition that such reservations are communicated in writing and, if communicated before the deposit of the instrument of ratification, acceptance, approval or accession, are confirmed in that instrument. The Secretary-General shall communicate such reservations to all States referred to in Article VII.
modifies those provisions to the same extent for the other Contracting Parties in their relations with the Contracting Party which entered the reservation.
Any Contracting Party which has formulated a reservation under paragraph 1 may withdraw it at any time by notification to the Secretary-General.
the termination of the present Convention under Article XII.
French, Russian and Spanish texts are equally authentic, shalb be deposited with the Secretary-General, who shall communicate certified true copies to all States referred to in Article VII.
INWITNESS WHEREOF the undersigned' Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.
DONE at Geneva this second day of December, one thousand nine hundred and seventy-two.
A Safety Approval Plate conforming to the specifications set out in the Appendix to this Annex shall be permanently affixed to every approved container at a readily visible place, adjacent to any other approval plate issued for official purposes, where it would not be easily damaged.
On each container, all maximum gross weight markings shall be consistent with the maximum gross weight informationon the Safety Approval Plate.
Administration. . 2.
Transverse racking test load value (kg and Ib).
II, tests 6 and 7. A blank space should also be reserved on the plate for the first and subsequent maintenance examination dates (month and year) when used.
Where the Administration considers that a new container satisfies the requirements of the present Convention in respect of safety and if, for such container, the end-wall and/or side-wall strength values (factors) are designed to be greater or less than those stipulated in Annex II, such values shall be indicated on the Safety Approval Plate.
The presence of the Safety Approval Plate does not remove the necessity of displaying such labels or other information as may be required by other regulations which may be in force.
The owner of the container shall be responsible for maintaining it in safe condition.
The owner of an approved container shall examine the container or have it examined in accordance with the procedure either prescribed or approved by the Contracting Party concerned, at intervals appropriate to operating conditions.
The date (month and year) before which a new container shall undergo its first examination shall be marked on the Safety Approval Plate. The date (month and year) before which the container shall be re-examined shall be clearly marked on the container on or as close as practicable to the Safety Approval Plate and in a manner acceptable to that Contracting Party which prescribed or approved the particular examination procedure involved. The intervai from the date of manufacture to the date of the first examination shall not exceed five years. Subsequent examination of new containers and re-examination of existing containers shall be at intervals of not more than 30 months.
Id place any person in danger. As an alternative to paragraph 2, the Contracting Party concerned may approve a continuous examination programme if satisfied, on evidence submitted by the owner, that such a programme provides a standard of safety not inferior to the one set out in paragraph 2 above.
All examinations performed under such a programme shall determine whether a container has any defects which could place any person in danger.
hire interchange and in no case less than once every 30 months.
For the purpose of this Regulation "the Contracting Party concerned" is the Contracting Party of the territory in which the owner is domiciled or has his head office. However, in the event that the owner is domiciled or has his head office in a country the government of which has not yet made arrangements for prescribing or approving an examination scheme and until such time as the arrangements have been made, the owner may use the procedure prescribed or approved by the Administration of a Contracting Party which is prepared to act as the Contracting Party concerned. The owner shall comply with the conditions for the use of such procedures set by the Administration in question.
To qualify for approval for safety purposes under the present Convention all new containers shall comply with the requirements set out in Annex 11.
Inthe case of containers for which an application for approval has been submitted, the Administration will examine designs and witness testing of a prototype container to ensure that the containers will conform with the requirements set out in Annex II.
When satisfied, the Administration shall notify the applicant in writing that the container meets the requirements of the present Convention and this notification shall entitle the manufacturer to affix the Safety Approval Plate to every container ofthe design type series.
Where the containers are to be manufactured by design type series, application made to an Administration for approval by design type shall be accompanied by drawings, a design specification of the type of container to be approved and such other data as may be required by the Administration.
The applicant shall state the identification symbols which will be assigned by the manufacturer to the type of container to which the application for approval relates.
produce to the Administration such containers of the design type concerned as the Administration may wish to examine; advise the Administration of any change in the design or specification and await its approval before affixing the Safety Approval Plate to the container; affix the Safety Approval Plate to each container in the design type series and to no others; keep a record of containers manufactured to the approved design type. This record shall at least contain the manufacturer's identification numbers, dates of delivery and names and addresses of customers to whom the containers are delivered.
Approval may be granted by the Administration to containers manufactured as modifications of an approved design type if the Administration is satisfied that the modifications do not affect the validity of tests conducted in the course of design type approval.
DraR Merchant Shipping (Safe Containers Convention) Bill and Regulations: For comment features to ensure that the containers produced will conform to the approved prototype.
In order to ensure that containers of the same design type series are manufactured to the approved design, the Administration shall examine or test as many units as it considers necessary, at any stage during production of the design type series concerned.
The manufacturer shall notify the Administration prior to commencement of production of each new series of containers to be manufactured in accordance with an approved design type.
Approval of individual containers may be granted where the Administration, after examination and witnessing of tests, is satisfied that the container meets the requirements of the present Convention; the Administration, when so satisfied, shall notify the applicant in writing of approval and this notification shall entitle him to affix the Safety Approval Plate to such container.
(Safe ContainersConvention) BillandRegulations: For comment owner to affix the Safety Approval Plate after an examination of the container concerned has been carried out in accordance with Regulation 2.
The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1January 1985.
or Chapter Ill of this Annex.
relating to end-wall and/or side-wall strength tests shall not apply. The Administration may, if it is satisfied that the containers in question have been in service, waive such of the requirements in respect of presentation of drawings and testing, other than the lifting and floor-strength tests, as it may deem appropriate.
the Administration, after investigation, may approve the container, notwithstanding the provisions of Chapter 11.
Merchant Shipping (Safe Containers Convention) Bill and Regulations: For comment examination of the container concerned has been carried out in accordance with Regulation 2. The examination of the container concerned and the affixing of the Safety Approval PJate shall be accomplished not later than 1January 1985.
The owner of an approved container that has been modified in a manner resulting in structural changes shall notify the Administration or an approved organization duly authorized by it of those changes. The Administration or authorized organization may require retesting of the modified container as appropriate prior to recertification.
The Safety Approval Plate, conforming to the model reproduced below, shall take the form of a permanent, non-corrosive, fireproof rectangular plate measuring not less than 200 mm x 100 mm. The words "CSC SAFETYAPPROVAL", of a minimum letter height of 8 mm, and all other words and numbers of a minimum height of 5 mm shall be stamped into, embossed on or indicated on the surface of the plate in any other permanent and legible way.
3 IDENTIFICATION No..
Country of approval and approval reference as given in the example on line 1. (The country of approval should be indicated by means of the distinguishing sign used to indicate country of registration of motor vehicles in international road traffic.
Date (month and year) of manufacture.
Drat Merchant Shippln?
Manufacturer's identification number of the container or, in the case of existing containers for which that number is unknown, the number allotted by the Administration.
Maximum operating gross weight (kg and Ib)..
Allowable stacking weight for 1,8 g (kg and Ib).
End-wall strength to be indicated on plate only if end-walls are designed to withstand a load of less or greater than 0,4 times the maximum permissible payload, i.e.
Side-wall strength to be indicated on plate only if the side-walls are designed to withstand a load of less or greater than 0,6 times the maximum permissible payload, i.e.
First maintenance examination date (month and year) for new containers and subsequent maintenance examination dates (month and year) if plate is used for this purpose.
In setting the requirements of this Annex, it is implicit that in all phases of the operation of containers the forces as a result of motion, location, stacking and weight of the loaded container and external forces will not exceed the design strength of the container.
the container will have its cargo stowed in accordance with the recommended practices of the trade so that the cargo does not impose upon the container forces in excess of those for which it has been designed.
A container made from any suitable material which satisfactorily performs the following tests without sustaining any permanent deformation or abnormality which would render it incapable of being used for its designed purpose shall be considered safe.
The dimensions, positioning and associated tolerances of corner fittings shall be checked having regard to the lifting and securing systems in which they will function.
The container, having the prescribed internal loading, shall be lifted in such a way that no significant acceleration forces are applied. After lifting, the container shall be suspended or supported for five minutes and then lowered to the ground.
2 R. In the case of a tank- vertically at all four top corner container, when the test weight of fittings.
the internal load plus the tare Containers of 3 000 mm weight is less than 2 R, a (10 ft) (nominal) in length or less supplementary load distributed shall have lifting forces applied at over the length of the tank is to be all four top comer fittings, in such applied to the container. a way that the angle between each lifting device and the vertical shall be 30'.
TEST PROCEDURES. corner fittings only.
60' for containers of less than 6 000 mm (20 ft) (nominal).
R. In the case of a tank- within each fork-lift pocket which is container, when the test weight of used for lifting the loaded the internal load plus the tare container.
R, a same width as the forks intended supplementary load distributed to be used in the handling, and over the length of the tank is to be shall project into the fork pocket applied to the container. 75% of the length of the fork pocket.
TEST PROCEDURES. position. These pads shall be of the same sizes as the tifting area of the grappler arms intended to be used.
and (ii)they shall also be tested with the internal loading and externally applied forces representativeof the acceleration conditions appropriate to that method.
For conditions of international transport where the maximum vertical acceleration forces vary significantly from 1,8 g and when the container is reliably and effectively limited to such conditions of transport, the stacking load may be varied by the appropriate ratio of acceleration forces.
On successful completion of this test the container may be rated for the allowable superimposed static stacking weight, which should be indicated onthe Safety Approval Plate against the heading ALLOWABLE STACKING WEIGHT FOR 1,8 g (kg and Ib).
R. Tank-containers may be rigid horizontal surface, one under each tested in the tare condition. bottom comer fitting or equivalent comer structure. The pads shall be centralized under the fittings and shall be of approximately the same pian dimensions as the fittings.
0,25 x 1,8 x the allowable or through a pad of the same plan superimposed static stacking dimensions. The test comer fitting or pad weight.
(660 Ib) uniformly distributed over an area of 600 mm x 300mm (24 in x 12 in).
(22 sq in).
The externally applied forces shall be applied vertically downwards to the outer surface of the weakest area of the roof of the container.
The test should be made with the container resting on four level supports under its four bottom corners in such a manner that the base structure of the container is free to deflect.
(22 sq in) on each surface, the surface width being 180 mm (7 in) spaced 760 mm (30 in) apart, centre to centre, should be manoeuvred over the entire floor area of the container.
Internal loading: None. Externally applied forces: Such as to rack the end structures of the container sideways. The forces shall be equal to those for which the container was designed. The container in tare condition shall be placed on four level supports, one under each bottom corner, and shall be restrained against lateral and vertical movement by means of anchor devices so arranged that the lateral restraint is provided only at the bottomcomers diagonally opposite to those at which the forces are applied. The externally applied forces shall be applied either separately or simultaneously to each of the top corner fittings on one side of the container in tines parallel both to the base and to the planes of the ends of the container. The forces shall be applied first towards and then away from the top corner fittings. In the case of containers in which each end is symmetrical about its own vertical centerline, one side only need be tested, but both sides of containers with asymmetric ends shall be tested.
STAATSKOERANT,31 MAART 2006 No.
When designing and constructing containers, it must be borne in mind that containers, when carried by inland modes of transport, may sustain accelerations of 2 g applied horizontally in a longitudinal direction.
A uniformly distributed load, such The container, having the prescriid that the combined weight of a internal loading, shail be restrained container and test load is equal to longitudinally by securing the two bottom the maximum operating gross comer fittings or equivalent comer weight or rating, R. In the case of structures at one end to suitable anchor a tank-container, when the weight points.
of the internal load plus the tare is less than the maximum gross weight or rating, R, a supplementary load is to be applied to the container.
Such as to subject each side of The externally applied forces shall be the container to longitudinal applied first towards and then away from compressive and tensile forces of the anchor points. Each side of the magnitude R, that is, a combined container shall be tested.
force of 2R on the base of the container as a whole.
The end-walls should be capable of withstanding a load of not less than 0,4 times the maximum permissible payload. If, however, the end-walls are designed to withstand a load of less or greater than 0,4 times the maximum permissible paytoad, such a strength factor shall be indicated on the Safety Approval-Plate in accordance with Annex I, Reaulation 1.
Jntemal loading: Such as to subjectthe inside of an end-wallto a uniformly distributed loadof 0,4 P or such other load for which the container may be designed.
Externally applied forces: None.
Both ends of a container shall be tested except that where the ends are identical only one end need be tested.
walls of containers which do not have open sides or side doors may be tested separately or simultaneously.
The end-walls of containers which do have open sides or side doors should be tested separately. When the ends are tested separately the reactions to the forces applied to the end-wail shall be confined to the base structure of the container.
STAATSKOERANT, 31 MAART 2006 No. 28651 69 7.
The side-walls should be capable of withstanding a load of not less than 0,6 times the maximum permissible payload. If, however, the side-walls are designed to withstand a load of less or greater than 0,6 times the maximum permissible payload, such a strength factor shall be indicated on the Safety Approval Plate in accordance with Annex I, Regulation 1.
P or such other load for which the container may be designed.
The prescribed internal loading shall be applied as follows: Both sides of a container shall be tested except that where the sides are identical only one side need be tested. Side-walls shall be tested separately and the reactions to the internal loading shall be confined to the corner fittings or equivalent comer structures. Open-topped containers shall be tested in the condition in which they are designed to be operated, for example, with removable top members in position.
are amended to read: 14.
'Maximum Operating Gross Mass' or 'Rating' or 'R' means the maximum allowable sum of the mass of the container and its cargo.
is expressed in units of mass. Where the Annexes are based on gravitational forces derived from this value, that force, which is an inertial force, is indicated as 'Rg'.
'Tare' means the mass of the empty container, including permanently affixed ancillary equipment.
means the difference between maximum operating gross mass or rating and tare. The letter 'pl is expressed in units of mass. Where the Annexes are based on the gravitational forces derived from this value, that force, which is an inertial force, is indicated as 'Pg'.''.
New paragraphs 17to 19 are added as follows: 17. The word 'load', when used to describe a physical quantity to which units may be ascribed, signifies mass.
The word 'loading', for example, as in 'internal loading', signifies force.
equals 9'8 m/s2.
On each container all maximum gross mass markings shall be consistent with the maximum gross mass information on the Safety Approval Plate.
Adopted by IMO resolution A.
on 4 November 1993.
"(a) The plate shall contain the following information inat least the English or French language: "CSC SAFETY APPROVAL Country of approval and approval reference Date (month and year) of manufacture Manufacturer's identification number of the container or, in the case of existing containers for which that number is unknown, the number allotted by the Administration Maximum operating gross mass (kg and Ibs) Allowable stacking load for 1,8 g (kg and Ibs) Transverse racking test force (Newtons).".
A new paragraph 5 is added as follows: "5. A container, the construction of which was completed prior to the date of commencement of this paragraph, may retain the Safety Approval Plate as permitted by the Convention prior to that date as long as no structural modifications occur to that container.".
maximum operating gross mass capability;".
maximum operating gross mass capability;". "(e) allowable stacking ioad for 1,8 g (kg and Ibs); and".
Approval Plate reproduced in the Appendix are amended to read: MAXIMUM OPERATING GROSS MASS.
ALLOWABLE STACKING LOAD FOR 1,8 g ...
TRANSVERSE RACKING TEST FORCE. . ..
Annex I, items 4 to 8 of the Appendix are amended to read: 4. Maximum operating gross mass (kg and Ibs).
72 No. 28651 GOVERNMENT GAZETTE, 31 MARCH 2006 5.
Allowable stacking load for 1,8 g (kg and Ibs).
Transverse racking test force (Newtons).
End-wall strength to be indicated on plate only if end-walls are designed to withstand a force of less or greater than 0,4 times the gravitational force by maximum permissible payload, i.e.
Side-wall strength to be indicated on plate only if the side-walls are designed to withstand a force of less or greater than 0,6 times the gravitational force by maximum permissible payload, i.e.
(Structural safety t-equirements and tests) is amended to read: "In setting the requirements of this Annex, it is implicit that, inall phases of the operation of containers, the forces as a result of motion, location, stacking and gravitational effect of the loaded container and external forces will not exceed the design strength of the container.".
A uniformly distributed load such that the sum of the mass of container and test load is equal to 2 R. In the case of a tank-container, when the test load of the internal load plus the tare is less than 2 R, a supplementary load, distributed over the length of the tank, is to be added to the container.
Such as to lift the sum of a mass of 2 R in the manner prescribed (under the heading TEST PROCEDURES).
Such as to lift the sum of a mass lifting the loaded container.
TEST PROCEDURES. be used in the handling, and shall project into the fork pocket 75% of the length of the fork pocket.
R. In the case of a tank- plane, one under each container, when the test load of grappler arm position.
R, a sizes as the lifting area of the supplementary load, distributed grappler arms intended to be over the length of the tank, is to used.
be added to the container.
and (ii)they shall also be tested with the internal load and externally applied forces representative of the acceleration conditions appropriate to that method.
Annex II, paragraphs 1and 2 of section 2 -STACKING -are amended to read: t.
For conditions of international transport where the maximum vertical acceleration varies significantly from 118 g and when the container is reliably and effectively limited to such conditions of transport, the stacking load may be varied by the appropriate ratio of acceleration.
On successful completion of this test, the container may be rated for the allowable superimposed static stacking load, which should be indicated on the Safety Approval Plate against the heading ALLOWABLE STACKING LOAD FOR 1,8 g (kg and Ibs).
A uniformly distributed load such that the sum of the mass of container and test load is equal to 1,8 R. Tank-containers may be tested in the tare condition. Externallyapplied forces: Such as to subject each of the four top corner fittings to a vertical downward force equal to 0,25 x 1,8 x the gravitational force of the allowable superimposed static stacking load.
(660 Ibs) uniformly distributed over an area of 600 mm x 300 mm (24 in x 12 in).
The test should be made with the container resting on four level supports under its four bottom comers in such a manner that the base structure of the container is fiee to deflect.
(22sq in) on each surface, the surface width being 180 mm (7 in) spaced 760 mm (30 in) apart, centre to centre, should be manoeuvred over the entire floor area of the container.
TRANSVERSE RACKING -are amended to read respectively: "TEST LOAD AND APPLIED FORCES" and "Internal load:".
A uniformly distributed load, such that the sum of the mass of a container and test load is equal to the maximum operating gross mass or rating R. In the case of a tank-container, when the mass of the internal load plus the tare is less than the maximum gross mass or rating, R, a supplementary load is to be added to the container.
Such as to subject each side of the container to longitudinal compressive and tensile forces of magnitude Rg, that is, a combined force of 2 Rg on the base of the container as a whole.
Annex II, the first paragraph of section 6 -END-WALLS -is amended to read: "The end-walls should be capable of withstanding a force of not less than 0,4 times the force equal to gravitational force by maximum permissible payload. If, however, the end-walls are designed to withstand a force of less or greater than 0,4 times the gravitational force by maximum permissible payload, such a strength factor shall be indicated on the Safety Approval Plate in accordance with Annex I, Regulation 1.".
Such as to subject the inside of an end-wall to a uniformly distributed force of 0,4 Pg or such other force for which the container may be designed.
Annex II, the first paragraph ofsection 7 -SIDE-WALLS -is amended to read: The side walls should be capable of withstanding a force of not less than 0,6 times the force equal to the gravitational force by maximum permissible payload.
Such as to subject the inside of a side-wall to a uniformly distributed force of 0,6 Pg or such other force for which the container may be designed.
78 No.
Drat Merchant Shipping (Safe Containers convention) 5i/l and Regulations: For commen?
1.1 This Bill gives effect to the International Convention for Safe Containers, 1972 ("the Convention"), particularly South Africa's general obligation under Article I.
1.2 The Bill also repeats and replaces an earlier attempt to implement the Convention, in the form of the International Convention for Safe Containers Act, 1985 (Act No. 11 of 3985). This Act has never been put into operation. 2 Complyingwith international obligations South Africa has been a Contracting Party to the Convention since its accession in June 1982. However, failure to implement the 1985Act has resulted in South Africa not meeting its obligations as a Contracting Party, in particular the obligation under Article 1 of the Convention.
this by introducing revised and updated implementing measures.
3.1 The Convention was adopted on 2 December 1972 and entered into force on 6 September 1977. There are currently 65 Contracting Parties.
facilitate international transport of containers by providing uniform international safety regulations, equally applicable to all modes of surface transport. In this way, proliferation of divergent national safety regulations can be avoided.
3.3 The requirements of the Convention apply to the great majority of freight containers used internationally, except those designed specially for carriage by air.
Merchant Shipping (Safe Containers Convention) Bill and Regulations: For comment prescribed minimum size having corner fittings, Le.
devices allowing handling, securing or stacking.
3.4 The Convention sets out procedures for the safety approval by an Administration of a Contracting State or by an organisation acting on its behalf -of containers used in international transport. Approved containers are identified by a safety approval plate, which is affixed to the container under the authority of an Administration. The safety approval plate contains relevant technical data about the container to which it is affixed.
3.5 The approval, evidenced by the safety approval plate, granted under the authority of one Contracting State should be recognised by other Contracting States.
approved containers is the cornerstone of the Convention, and once approved and plated it is expected that containers will move in international transport with the minimum of safety control formalities.
3.6 The subsequent maintenance of a safety-approved container is the responsibility of the owner, who is required to have the container examined periodically.
3.7 The technical Annex to the Convention requires that a container undergo various tests, representing a combination of safety requirements of both the inland and maritime modes of transport.
3.8 Flexibility is incorporated in the Convention by the provision of simplified amendment procedures that facilitate the adaption of test procedures to the prevailing requirements of international container traffic.
3.9 The 1981 amendments were adopted on 2 April 1981 and entered into force on 1December 1981. These amendments provide transitional arrangements for plating ofcontainers (which had to be completed by 1 January 1985), and for the marking of the date of the container's next examination by 1 January 1987.
3.10 The I983 amendments were adopted on 13 June 1983 and entered into force on 1 January 1984. These amendments extend the interval between re-examinations to 30 months and permit a choice of container re-examination procedures between the original periodic examination scheme and a new continuous examination programme.
80 No. 28651 GOVERNMENT GAZETTE, 31 MARCH 2006 3-1 1 The 1991 amendments were adopted on 17 May 1991 and entered into force on 1 January 1993. These amendments include the addition of a new Chapter V to Annex Iconcerning regulations for the approval of modified containers.
3.12 The 1993 amendments were adopted on 4 November 1993 and have yet to enter into force. These amendments concern the information contained on the safety approval plate. They also amend certain test loads and testing procedures required by the Convention.
4.1 The Bill proposes to re-assign functions related to the implementation and administration of the Convention, from the Minister and Department of Trade and Industry to the Minister of Transport and the South African Maritime Safety Authority. This will ensure that the functions are assigned to the appropriate authorities having responsibility for transport and related safety matters.
4.2 The Bill declares certain provisions of the Convention to have the force of law (clause 5) and empowers the Minister of Transport (clause 6) to make regulations for carrying out and giving effect to those provisions. The regulations will, for example, establish requirements for the approval, maintenance, repair, inspection, detention and disposal of containers.
4.3 The text of the Convention is set out in Part 1 of the Schedule to the Bill and incorporates several amendments to the Convention, adopted in 1081, 1983 and 1991,that were not incorporated in the 1985 Act.
1993,which have yet to enter into force.
4.5 The administration and enforcement of the proposed measures are entrusted to the South African Maritime Safety Authority, which, in addition to powers conferred by regulation, is empowered to designate inspectors (clause 7), and to direct inquiries (clause IO) into certain accidents and incidents.
<fn>GOV-ZA.28686En.2012-02-10.en.txt</fn>
The Minister of Finance intends tabling the South African Revenue Service Amendment Bill, 2002 in Parliament during the third Parliamentary term. The Billis published in accordance withRule 241(l)(c)of the Rules of the NationalAssembly. Interested persons and institutions are invited to submit written representation on the Bill to the Secretary to Parliament by no later than 26 August 2002.
Advisory Board; and to provide for matters connected therewith.
Amendment of section 1of Act 34 of 1997 1.
Substitution-ofsection 3 of Act 34 of 1997 15 2.
controloverthe import, export, movement, manufacture, storage or use of certain goods..
Amendment of section 4of Act 34of 1997 3.
any other legislation concerning the collection of revenue..
IC advise the Minister ofrade and Industry on matters concerning the 25 control over the import, export, manufacture, movement, storage or use of certain goods.
Amendment of section 5 of Act 34of 1997 4. Section 5 of the principal Act, is hereby amended by the deletion of subsection (2).
Substitution of section 6 of Act 34 of 1997 5.
The person appointed as the Commissioner holds office for an agreed term not exceeding five years, but which is renewable.
The person appointed as the Commissioner immediately before the date this Act comes into operation shall hold office until his or her term comes to an end.
Repeal of section 8 of Act 34of 1997 6. Section 8 of the principal Act, is hereby repealed.
Amendment of section 9of Act 34of 1997 7.
"(d) the proper and diligent implementation of Part 51 the Public Finance Management Act, 1999.".
Substitution of Part 3 of Act 34 of 1999 5 8.
The Minister may appoint one or more specialist committees to 10 advise the Commissioner and the Minister on any matter concerning the management of SARS's resources, including asset management, human resources and information technology, subject to subsection (2).
the Minister on matters concerning the terms and conditions of 15 employment of any class of employees in the management structure of SARS, as agreed between the Minister and the commissioner; and the Commissioner on matters concerning the terms and conditions of employment of all employees of SARS, other than employees contemplated in paragraph (a).
(1)A specialist committee established under section 11 must perform its functions impartially and without fear, favour or prejudice.
not more than eight persons who are independent from SARS and are 25 appointed by the Minister; and not more than two senior employees of SARS designated by the Commissioner.
be a fit and proper person; and 30 have appropriate expertise or experience; and have the ability to perform effectively as a member of that committee.
act in any way that is inconsistent with subsection (3) or expose themselves to any situation in whichthe risk of a conflict between their35 responsibilities and private interests may arise; or use their position orany information entrusted to them, to enrich themselves or improperly benefit any other person.
he or she resigns from the specialist committee; 40 the Minister terminates his or her membership because the member no longer complies with subsection(3)or has contravened subsection (4); or the term for which the member was appointed has expired.
Powers 45 13. (I) The Minister may assign specific powers to the members of the specialist committee for the purposes of performing any function contem- plated in section 11.
the exercise of a discretion conferred on the Commissioner by that legislation or agreement; or the determination of the liability of a person for any revenue.
The specialist committee may determine its own procedures.
SARS must remuneratea member mentioned in section 12(l)(a) and compensate €he member for expenses, as determined by the Minister.
Amendment of section 18 of Act 34 of 1997 9.
after collective bargainingbetweenSARSandtherecognised trade unions and with the approval of the Minister.
(2) (a) The terms and conditions of employment of employees contemplated in subsection (1) who are subject to any collective bargaining process in the SARS bargaining unit, must be determined after collective bargaining between SARS and the recognised trade unions have taken place.
must be conducted in accordance with the procedures agreed on between SARS and the recognised trade unions.
(3) The Minister must approve the terms and conditions of employment for any-class of employees in the management structure of SARS.
The Commissioner must submita copy of the terms and conditions of employment determined by SARS in terms of subsection (1) to the Minister.
Substitution of section 19 of Act 34 of 1997 10.
(1) Subject to the Government Employees' Pension Law, 1996 (Proclamation No.
becomes a member of the Government Employees' Pension Fund mentioned in section 2 of the Government Employees' Pension Law, 1996; and is entitled to pension and retirement benefits as if that persori were in service in a post classified in a division of the public service mentioned in section 8(l)(a)(i) of the Public Service Act.
If the Commissioner becomes a member of the Government Employees' Pension Fund, he or she is entitled to the pension and retirement benefits cdcvlated on the same basis as those of a head of department in the public service.
Substitution of section 22 of Act 34 of 1997 11.
all assets, liabilities and financial transactions of SARS; and all revenue collected by SARS..
Repeal of section 23 of Act 34 of 1997 12. Section 23 of the principal Act, is hereby repealed.
Amendment of section 25 of Act 34 of 1997 13.
(b)Once appropriated, the money must be paidto SARS in amounts determined in accordance with an agreement between SARS and the Minister, subject to the 20 Public Finance Management Act, 1999.
Repeal of section 26 of Act 34 of 1997 14. Section 26 of the principal Act, is hereby repealed.
Repeal of section 27 of Act 34of 1997 15. Section 27 of the principal Act, is hereby repealed.
Repeal of section 29 of Act 34 of 1997 16. Section 29 of the principal Act, is hereby repealed.
The following long title is'hereby substituted for the long title of the principal Act: "To makeprovisionfor the efficient and effective administration of the 30 revenue collecting system of the Republic and the control over the import, export, manufacture, movement, storage or use of certain goods; and, for this purpose, to reorganise the South African Revenue Service and to [establish anAdvisoryBoard] make provision for the establishment of advisory committees;provide.to and for incidental matters.". 35 18. The SARS Advisory Board, established by section 11 of the principal Act, is hereby disestablished.
This Act is called the South African Revenue Service Amendment. Act, 2002.
The South African Revenue Service Act, 1997, ("SARS Act") came into operation on 1October 1997. This Act established SARS as an organ of state within the broad public administration, but as an institution outside the public service. This Act granted SARS administrative autonomy. Although SARS is no longer subject to the provisions of the Public Service Act, 1994, it remains subject tothe basic values and principles governing public administration outlined in section 195 of the Constitution.
Since the promulgation of the SARS Actin 1997, there have been a number of factors that have given rise to the need to review some of the provisions of the Act. One factor is the promulgation of the Public Finance Management Act, 1999 (Act No. 1 of 1999) ("the PFM Act"), which regulates the financial -management in the national and provincial governments. The PFM Act also regulates the accountability and responsi- bilities of the accounting authorities, as well as other financial matters of public entities listed in Schedules 2 and 3 of that Act, which includes SARS.
A number of practical problems relating to the current provisions of the SARS Act have also been identified and it is, therefore, proposed that some of these provisions be reviewed.
The SARS Act currently provides that the objective of SARS is the efficient and effective collection of revenue.
to secure the efficientandeffective and widest possible enforcement of national legislation (as listed in the Act) and any other legislation Concerning the collection of revenue that may be assigned to SARS; and to advise the Minister on all matters concerning revenue. SARS, however, also performs certain other functions, which do not necessarily involve the collection of revenue. These functions relate to the control over the import, export, manufacture, movement, storage or use of certain goods, which are perfontied by the customs administration division within SARS. This Bill, therefore, introduces amend- ments relating to the objectives and functions of SARS to specifically incorporate these customs functions.
Furthermore, although SARS reports to the Minister of Finance and administers revenue laws for which that Minister is. responsible, there is from the customs perspective a linkage with the Department of Trade and Industry (DTI),.
implements the tariff amendments requested by DTI; and administers incentive schemes devised by DTI to facilitate trade.and'stimulate economic growth. In this regard, SARS also fulfils the function of advising the Minister of Trade @d Industry on matters concerning the control over the import, export, movement, storage or use of certain goods. The Bill, therefore, proposes an amendment to the SARS Act to reflect this function.
Currently the SARS Act provides that the Minister of Finance must appoint, the Commissioner after consulting Cabinet and the SARS Board. This Bill proposes a change to provide that the Commissioner must be appointed by the President.
In terms of thz current provisions of the SARS Act, SARS exercises its powers and performs its functions under the policy control of the Minister of Finance and subject to the directives and guidelines on policy matters issued by that Minister.
When the SARS Act came into operation in 1997, the PFM Act had not yet been promulgated. The purpose of the PFM Act is to prescribe a system of financial management in the national and provincial spheres of government and to regulate the accountability of the public sector. Chapter 6 of this Act specifically deals with public entities and outlines the fiduciary and other responsibilities of the accounting authorities of these entities. SARS is included in Schedule 3 to the PFM Act, which covers public entities with lesser degrees of autonomy.
As the PFM Act already ensures an effective financial accountability system with regard to public entities, the necessity that SARS still be accountable to the Minister of Finance in terms of the SARS Act has to a large extent fallen away. The Bill, therefore, proposes an amendment to the Act to delete the reference to the specific powers of the Minister of Finance in the SARS Act where they are dealt with in terms of the PFM Act.
The SARS Advisory Board was established by section 11 of the SARS Act. The function of this Board is to act as an advisory and consultative body for the Minister of Finance and the Commissioner on matters concerning the administration of the revenue collecting system of SARS. This Board is somewhat unique in nature, as it has mainly an advisory function and is not really involved in policy and decision making.
SARS as an organisation has changed in the last few years since administrative autonomy was granted to it. The role and functioning of the Board has been debated in several forums and at the Board meetings, because the members of the Board felt that the role of the Board was not clearly defined. Taking into account the natuie of the SARS Act in relation to other legislation governing the functioning of SARS, including the PFM Act and the reporting relationship between the Minister, the Commissioner and the Advisory Board, it is proposed that the existing Board be dissolved. The Bill provides that a number of specialist committees be appointed by the Minister to advise him or her and the Commissioner on technical matters such asHuman Resources, Information Technology and Asset Management.
after collective bargaining between SARS and the recognised trade unions; and with the approval of the Minister. SARS must obtain the approval of the Minister of Finance before determining the terms and conditions of employment of employees of SARS.
This Bill proposes that the Commissioner, as chief executive officer of SARS, may approve the terms and conditions of employment of SARS employees (other than certain employees in the management structure of SARS mentioned below). The specialist committee will have the function of advising the Commissioner on human resource issues and the ultimate responsibility in this regard will lie with the Commissioner. A provision is also inserted in the SARS Act that requires adequate reporting by the Commissioner to the Minister with regard to the terms and conditions of employment for these employees.
The Bill proposes that the Minister of Finance must, on the advice of the specialist committee, approve the terms and conditions of employment of any class of employees in the management structure of SARS, to be agreedbetween the Minister and the Commissioner.
Interms of section 19 of the SARS Act, anypersonappointedbySARS as an employee becomes a member of the Government Employees' Pension Fund (hereinafter referred to as "the GEPF"): Although section 19 of the SARS Act obliges employees to becomemembers of the GEPF, section 19 cannot override the provisions of the Government Employees' Pension Law, 1996 (Proclamation No. 21 of 1996, hereinafter referred to as "the GEP Law"), which incorporates the Rules governing the GEPF-in Schedule 1 thereto.
Although a contract employee must in terms of section 19 of the SARS Act become a member of the GEPF, such employee may be excluded from the Fund in terms of section 5 of the GEP Law.'The need has, therefore, arisen to amend the SARS Act to bring it in line with the provisions of the rules and laws of the GEPF.
Section 25 of the SARS Act deals with the chief source of income of SARS, i.e. the money appropriated annually by Parliament. This amount is calculated in accordance with the.estimates of income and expenditure prepared by SARS, which are prescribed in the SARS Act, but which are also regulated in terms of the PFM Act.
The Bill proposes an amendment to provide that a method of determining SARS's funds may be agreed between the Minister and the Commissioner, subject to the approval of Cabinet.
All Cabinet members (Cabinet Memorandum) SARS Board members.
The South African Revenue Service and State Law Advisers, are of the opinion that the Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
<fn>GOV-ZA.2869En.2012-02-10.en.txt</fn>
15 August 2007 - Rev Dr Makhenkesi Stofile, Minister of Sport and Recreation.
12 June 2007 - "Later this week, President Sepp Blatter of FIFA will be in our country once again. I am very pleased to say that he will find us well on course with our preparations for both the Federations Cup in 2009 and the FIFA Soccer World Cup in 2010."
<fn>GOV-ZA.28732jEn.2012-02-10.en.txt</fn>
Establishment Amendment Bill, 2006 for public information, discussion and comment.
To amend the Less Formal Township Establishment Act, 1991 so as to provide for a Premier to amend or withdraw a notice designating land for less formal settlement after commencement of settlement on the land has taken place.
representations made bv such persons, amend or withdraw a notice contemplated in subsection (I), despite the fact that settlement has commenced in terms of section 8 in respect of the land in question.
38) A person whose right or interest in or to such land is adversely affected by an amendment or withdrawal contemplated in subsection (3A).
This Act is called the Less Formal Township Establishment Amendment Act, 2006.
3 years before the Interim Constitution came into operation.
The main purpose of the Act was to fast track development of residential land which was urgently required to alleviate the housing back-log.
of the Act provides that the Administrator (now Premier) may, at any time prior to the commencement of settlement in terms of section 8, amend or withdraw a notice referred to in subsection (1).
of the Act were published more than 10 years ago and that the housing needs prevailing in the areas at the time of publishing the notices are very different from the present needs of those areas.
by the insertion of two sub clauses after the section to allow for such notices, or provisions in such notices, to be amended or withdrawn to meet the current housing needs of those areas.
The new sub clause (3A) provides that any withdrawal or amendment of a designation notice may only be done on good grounds and upon prior notice being given to persons likely to be affected and after considering any representations made by such persons.
The new sub clause (3B) affords protection to persons whose right or interest in or to the land in respect of which a designation notice is amended or withdrawn by providing that such persons are entitled to be compensated for any loss caused by such amendment or withdrawal.
<fn>GOV-ZA.28749En.2012-02-10.en.txt</fn>
No. Page No. Gazette No.
Correction notice: Notice 418 of 2006.
<fn>GOV-ZA.28798dEn.2012-02-10.en.txt</fn>
Titles Amendment Bill, 2006, in the National Assembly in 2006.
E-mail : zdinaani~-Parliament.aov.
I a. qov.
STAATSKOERANT, 12 ME1 2006 No.
The Sectional Tittes Amendment Bill, 2005 (hereinafter referred to as "the Bill"), proposes certain amendments to the Sectional Titles Act, 1986 (Act No.
(hereinafter referred to as "the Act").
pursuant to the repeal of the Land Survey Act, 1927 (Act No. 9 of 1927), in order to reflect the correct statutory position.
"sectional mortgage bond". Exclusive use areas are part of the common property set aside for the exclusive use by owners of sections in a sectional title scheme.
Despite the connection between the exclusive use areas and the relevant sections, the Act does not provide for the registration of sectional mortgage bonds over exclusive use areas. The proposed amendment seeks to extend the registration of sectional mortgage bonds to exclusive use areas and undivided shares in exclusive use areas. It also seeks to harmonise the periods between registered and unregistered leases or subleases and eliminates the perception that a short-term lease is receptive to the registration of a sectional mortgage bond.
STAATSKOERANT, 12 ME1 2006 No.28798 37 2.
of the Act grants to the joint owner of a unit the right to apply to the registrar of deeds for a certificate of registered sectional title in respect of such owner's undivided share in the unit.
entitles a developer to reserve the right in a sectional plan to erect for his personal account, a further building or buildings, a horizontal extension of an existing building or a vertical extension of an existing building on a specified part of the common property. The developer has the right to divide the building or buildings into a section or sections and common property and to confer the right of exclusive use over parts of the common property upon the owner or owners of the sections. It is also proposed that joint owners may apply either for a registered sectional title or a certificate of real right.
of the Act empowers the body corporate to purchase land to extend the common property but does not provide for the acquisition of land in any other manner.
of the Bill seeks to empower the body corporate to also acquire land otherwise, for example, by donation, exchange or bequest. Land acquired by the body corporate must be registered in the name of the body corporate.
of the Act, is a consequential amendment pursuant to the proposed amendment of section 26(1).
nine years or longer.
has not been amended accordingly.
of the original definition of 'owner, has thus become obsolete.
2.5 The Act contains references to the Land Survey Act, 1927 (Act No.9 of 1927), which was repealed by the Land Survey Act, 1997 (Act No.8 of 1997). The proposal in clause 5 of the Bill seeks to reflect the correct statutory position.
2.6 Clause 6 of the Bill contains the short title.
There are no constitutional implications.
7.1 The State Law Advisers and the Department of Land Affairs are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution, since it contains no provision to which the procedure set out in section 74 or section 76 of the Constitution applies.
(Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.28806En.2012-02-10.en.txt</fn>
The Further Education and Training Colleges Bill, 2006, is hereby published for comment.
Kindly provide the name, address, telephone and fax numbers and email address of the person or organisation submitting the comments.
The comments must reach the Department of Education by 26 June 2006.
The 3ill may also be obtained on www.education. Pov.
To provide for the regulation of further education and training; to provide for the establishment, governance and funding of public further education and training colleges; to provide for the employment of staffat public further education and training colleges; to provide for the registration of private further education and training colleges; to provide for quality assurance and quality promotion in further education and training; to provide for transitional arrangements and the repeal of laws; and to provide for matters connected therewith.
'vice-principal'includes a vice-rector.
This Act applies to all education institutions which have been established or declared as public colleges or registered as a private college in terms of this Act.
(€) The Member of the Executive Council may, by notice in the Provincial Gazette and from money appropriated for this purpose by the provincial legislature, establish a public college.
Every public college is a juristic person.
The Head of Department has the right to compile or inspect an inventory of all the assets of a public college.
Notwithstanding subsection (2), a public college may not, without the concurrence of the Member of the Executive Council, dispose of or alienate in any manner, any immovable property acquired with the financial assistance of the State or grant to any person any real right therein or servitude thereon.
determine that certain categories of assets below a certain value may be alienated without his or her concurrznce; and the value contemplated in paragraph (a) by notice in the provincial Gazette.
The assets of a public college may not be attached as a result of any legal action taken against the college.
The Member of the Executive Council may, by notice in the Provincial Gazette, declare any institution providing further education and training as a public college.
the name of the public college; and the physical location and the official address of the public college.
with the concurrence of the owner, if it is a private institution and the relevant Member of the Executive Council responsible for finance.
the assets, liabilities, rights and obligations of the college vest in the public college; and any agreement lawfully entered into by or on behalf of the college is regarded as having been concluded by the public college.
Immovable property vesting in the public college in terms of subsection (I) (b) must, subject to the concurrence of the Minister of Finance, be transferred into its name without payment by it of transfer duty, stamp duty or any other duty or costs due to the State, but subject to any existing right, encumbrance or trust on or over that property.
The officer in charge of a deeds office or other office where the immovable property contemplated in subsection (2) is registered must, on submission of the title deed and on application by the public college, make such endorsements on that title deed and such entries in the registers as may be required to register the transfer in question.
The declaration of an institution as a public college under section 4 (1) does not affect anything lawfully done by the institution prior to the dectaration.
(a), were vested in the institution by virtue of a trust, donation or bequest must be applied by the public institution in accordance with the trust, donation or bequest, as the case may be.
Notwithstanding subsection (2), any fees charged by the Registrar of Deeds resulting from such transfer must be paid in full or in part from funds appropriated by the provincial legislature for that purpose.
The Member.
The Member of the Executive Council may extend the period referred to in subsection (7) once for a further period not exceeding six months.
The composition of the interim council must be in accordance with the provisions of subsections 1 and (7).
and these co-opted members have no voting powers.
ensure that such other structures as may be determined in terms of this Act are constituted.
Any decision of the interim council which may affect the right of any structure of the public college, may only be taken after consultation with such structure.
Subject to subsection (2), the Member of the Executive Council may, by notice in the Provincial Gazette, merge two or more public colleges into a single college.
consider such representations; and be satisfied that the employers of staff at the public colleges in question have complied with their obligations in terms of the applicable labour law.
The single college contemplated in subsection (I) is regarded as a public college established under this Act.
and subsections (2) to (6)of section 5 apply with the necessary changes required by the context, to a merger referred to in subsection (I).
The councils of the colleges that are merged must have a meeting before the merger to constitute a single interim council comprising of all members of the councils concerned for a period not exceeding six months.
The Member of he Executive Council may extend the period referred to in subsection (5) once for a further period not exceeding six months.
Notwithstanding sections 197 and 197A of the Labour Relations Act, 1995 (Act 66 of 1995), the contracts of employment between the public college and its employees are transferred automatically to the merged single public college as from the date of the merger contemplated in subsection (I), but any redeployment of an employee as a consequence ofthe merger is subject to applicable labour legislation.
If two or more public colleges are merged into a single public college as contemplated in subsection (I), all the rights and obligations between the former employers and each employee at the time of the merger continue in force as if they were rights and obligations between the new employer and each employee and anything done before the merger by or in relation to the former employers is considered to have been done by or in relation to the new employer.
A merger referred to in subsection (1) does not interrupt the employee's continuity of employment.
The provisions of subsections (10) to (15) do not affect the liability of any person to be disciplined for, prosecuted for, convicted of and sentenced for any offence or misconduct.
An employee or a student is subject to the disciplinary codes and rules applicable to the new single public college as from the date of the merger contemplated in subsection (I), but if any enquiry into incapacity or any proceedings in respect of a charge of misconduct had been instituted or commenced against any employee or student before the date of the merger, such enquiry or proceedings continue in terms of the codes and rules applicable to the relevant public college immediately prior to the merger.
Until the new single public college has made disciplinary codes or rules, the disciplinary codes and rules of the respective old public college are applicable to the respective employees and students.
(I 3) Notwithstanding subsection (10), the former employer may undertake rationalisation of its workforce according to operational requirements in accordance with section 189 of the Labour Relations Act, 1995 (Act 66 of 1995), prior to the date of the merger contemplated in subsection (1).
If two or more public colleges are merged into a single public college as contemplated in subsection (I), the new single public college continues with all academic programmes offered by the former colleges under the rules applicable to the respective colleges immediately before the date of the merger, until such programmes and rules are amended or restructured by the new council.
the type and name of the college; and address of the college.
it is in the public interest; or he or she was so requested by the councils of such colleges.
given written notice to the colleges in question of the intention to merge them; given notice in the Provincial Gazette of his or her intention so to act; given the councils of the colleges in question and interested parties an opportunity to make written submissions within a period of not less than 90 days; considered all such submissions; and satisfied himself or herself that the employers of staff at the public colleges have complied with their obligations in terms of the applicable labour law.
Any council which is the subject of a riotice in terms of subsection (2) continues to exist until the first meeting of the council constituted in terms of this section.
The Member of the Executive Council may, by notice in the Provincial Gazette, close a public college.
any assets remaining after payment of all liabilities vest in the Member of the Executive Council.
Subsections (2) to (6) of section 5 and section 6 (2) apply with the necessary changes required by the context, to a closure referred to in subsection (1).
Every public college must establish a council, an academic board, a student representative council and such other structures as may be determined by the council subject to the approval of the Member of the Executive Council.
chairperson and other office bearers from among its members in the manner determined by the Member of the Executive Council by notice in the Provincial Gazette or in terms of a provincial law.
The chairperson, vice-chairperson or other office bearers of the council may not be students or members of the staff of the college, but the secretary may be a member of staff.
procedures for the tilling of vacancies; and any other matter necessary for the election, appointment or assumption of office.
The council of a public college must perform all the functions, including the development of a college statute, which are necessary to govern the public college, subject to this Act and any applicable national or provincial law.
determine the language policy of a public college, subject to the approval of the Head of Department; and ensure that the public college is accredited to provide learning programmes in terms of standards and qualifications as registered on the National Qualifications Framework.
The council, after consultation with the student representative council, must provide for a suitable structure to advise on policy for student support services within the public college.
one staff member other than lecturer staff, elected by such staff of the public college.
The council must appoint four additional persons with financial, human resources and legal skills in consultation with the Member of the Executive Council, in addition to the members contemplated in subsection (4).
The number of persons contemplated in subsection (4)(c) to (g) and the manner in which they are elected, where applicable, must be determined by the Member of the Executive Council by notice in the Provincial Gazette or in terms of a provincial law.
employed by the Member of the Executive Council; and employed by the council.
must be persons with knowledge and experience relevant to the objects and governance of the public college in question; and must participate in the deliberations of the council or interim council in the best interest of the public college in question.
such members appreciate the role of further education and training in reconstruction and development; and the council is broadly representative of the community served by the public college in respect of race, gender and disability.
organised business; and organised labour.
The Member of the Executive Council must consider the nominations received and from the persons so nominated must appoint the number of members as determined in terms of subsection (5).
ensuring that the requirements of accreditation to provide learning against standards and qualifications registered on the National Qualifications Framework are met; and performing such other functions as may be delegated or assigned to it by the council.
Subject to the approval of the council and to policy, the academic board must determine the learning programmes provided by the public college.
members of the student representative council; and 0 such additional persons as may be determined by the council.
and the manner in which they are appointed or elected, as the case may be, must be determined by the council.
The majority of members of the academic board must be members of the lecturer staff of the public college in question.
The council and the academic board of a public college may each establish committees to perform any of their functions and may appoint persons who are not members of the council or the academic board, as the case may be, as members of such committees.
The chairperson of a committee must be a member of the council or academic board, as the case may be.
The council and the academic board are not divested of responsibility for the performance of any function delegated or assigned to a committee.
The council and the academic board of a public college may jointly establish committees to perform functions which are common to the council and the academic board.
procedure at meetings; and dissolution of a committee.
The provisions in subsection (5) will also apply to a joint committee.
The principal of a public college is responsible for the management and administrationof the college.
The establishment, composition, manner of election, term of office, functions and privileges of the student representative council of a public college must be determined by the council after consultation with the students and lecturers of the college, subject to provincial policy.
Every student at a public college is subject to a code of conduct, disciplinary measures and procedures which are determined by the council subject to provincial policy.
The code of conduct, disciplinary measures and procedures may only be made after consultation with the academic board and the student representative council of the public college concerned.
must in particular deal with measures to curb racism, sexual violence and sexual harassment, or any other form of violence and harassment.
A person may not administer corporal punishment to a student at a college.
is guilty of an offence and liable on conviction to a sentence which may be imposed for assault.
Any person who contravenes subsection (3) is guilty of misconduct and disciplinary action must be institukd against such a person.
In addition to subsection (4), a person may institute civil action against a person or a group who manipulated and forced that person to conduct or participate in any initiation practices.
destroys public or private property.
In considering whether the conduct or participation of a person in any initiation practices falls within the definition of subsection (6), the relevant disciplinary authority referred to in subsection (4) must take into account the right of the student not to be subjected to such practices.
Subject to the approval of the Head of Department, the council of a public college determines the admission policy of the college after consulting the academic board of the college.
The admission policy of a public college may not unfairly discriminate in any way and must provide appropriate measures for the redress of past inequalities.
such minimum requirements for readmission.
The council of a public college must ensure that the college is accessible to disabled students where reasonably practicable.
must make use of the standard college statute in schedule I.
The Member of the Executive Council must appoint management staff, in terms of the Public Service Act.
2 The management staff must report to and be accountable to the council in respect of matters of governance and functions allocated to it by the council in terms of this Act.
The council is the employer of ail lecturers and non lecturers.
Despite subsection (I), the principal must comply with the decisions of the council in respect of matters of governance and report to the Head of Department in terms of his or her performance agreement.
Public colleges must establish a bargaining council to negotiate conditions of employment.
The council must adopt a Code of Conduct for lecturers and non-lecturers.
Subject to this Act, the Labour Relations Act, Basic Conditions of Employment Act, subsection (2) and any other applicable law, the college must establish posts for lecturers and non-lecturets.
The council must appoint staff from the funds allocated in terms of national norms and standards and other income received by the college from other sources.
the functions and duties of lecturers and non-lecturers, conditions of service and privileges of the lecturers and non-lecturers which must not be inferior to those provided in terms of the Public Service Act.
The lecturers and non-lecturers must be accountable to the principal.
When presenting the annual budget contemplated in section 25 the Council must provide sufficient details of any posts envisaged in terms of subsection (I), inciuding the estimated cost relating to the employment of staff in such posts and the manner in which it is proposed that such costs will be met.
a bargaining council established in terms of the Labour Relations Act if the employer or employee parties to the dispute fall within the registered scope of a bargaining council; or the Commission for Conciliation, Mediation and Arbitration as established by section 12 of the Labour Relations Act if no bargaining council has jurisdiction.
The party referring the dispuEe must satisfy the bargaining council or the Commission for Conciliation, Mediation and Arbitration that a copy of the referral has been served on the other party.
The bargaining council or the Commission for Conciliation, Mediation and Arbitration must attempt to resolve the dispute through conciliation.
If the bargaining council or the Commission for Conciliation, Mediation and Arbitration is satisfied that the dispute remains unresolved, a party may refer the dispute to the Labour Court as established in terms of section 151 of the Labour Relations Act for adjudication.
The Member of the Executive Council must from money appropriated for this purpose by the provincial legislature fund public colleges on a fair, equitable and transparent basis, apart from further education and training programmes offered in a school which is governed and funded in terms of the South African Schools Act.
any reasonable condition in respect of an allocation of funding contemplated in subsection (1); and different conditions in respect of different public colleges, different further education and training programmes or different allocations, if there is a reasonable basis for such differentiation.
Further to the requirements in the norms and standards contemplated in section 23, the Member of the Executive Council must, after consultation with the appropriate advisory body in a province, determine further appropriate measures for the redress of past inequalities.
The Member of the Executive Councii must, on an annual basis, provide sufficient information to public co!
to enable the colleges to prepare their budgets for the next financial year.
Subject to the Constitution and this Act, the Minister must determine minimum norms and standards for the funding of public colleges, after, consultation with the Council of Education Ministers and the Minister of Finance.
money received from students or employees of the public college for accommodation or other services provided by the public college; and other funds from any other source.
Public colleges may not raise money by means of loans or overdraft without the approval of the Member of the Executive Council.
If a person lends money or grants an overdraft to a public college without the approval of the Member of the Executive Council, the State and the college is not bound by the contract of lending money or an overdraft agreement.
keep records of all its proceedings; ana keep complete accounting records of all assets, liabilities, income and expenses and any other financial transactions of the public college as a whole, of its substructures and of other bodies operating under its auspices.
The Council of a public college must appoint an auditor to audit the records and financial statements referred to in this section.
a duly audited statement of income and expenditure; and a balance sheet and cash flow statement.
The council of a public college must provide the Member of the Executive with such additional information as the Member of the Executive Council may reasonably require.
If the council of a public college fails to comply with any provision of this Act under which an allocation from money appropriated by the provincial legislature is paid to the college, or with any condition subject to which any allocation is paid to the public college, the Member of the Executive Council may call upon the council to comply with the provision or condition within a specified period.
The Director-General is the registrar of private colleges.
The Minister may designate any other employee of the Department of Education to assist the registrar in the performance of his or her functions in terms of this chapter.
The registrar may delegate any of his or her functions in terms of this Act to an employee contemplated in subsection (2).
The juristic person contemplated in subsection (I)(a), may not be a public company or a holding company as defined in the Companies Act 6I of 1973.
An application for registration as a private college must be made to the registrar in the manner determined by the registrar and must be accompanied by the prescribed fee.
complies with any other reasonable requirement prescribed by the Minister; and does not discriminate on the basis of race.
The registrar may require further information, particulars and documents in support of any application for registration.
may, when considering the application, differentiate between a foreign juristic person and local juristic person with regard to matters such as its scope and range of operations, its size and its collegial configuration; and may register the applicant as a private college if the requirements for registration contemplated in section 30 are fulfilled.
as soon as practicable after the decision, publish the name of the applicant so registered, in the Gazette.
the relevant Head of Department of the registration of a private college in that province.
If the registrar decides not to grant the application, the registrar must advise the applicant in writing of the decision and furnish the applicant with written reasons for the decision.
Notwithstanding subsection (I), the registrar may provisionally register an applicant, other than a foreign juristic person, who does not fulfil the requirements for registration contemplated in section 30, if the registrar believes that the applicant will be able to fulfil the relevant requirements within a reasonable period.
provide the certificate of provisional registration to the applicant; and as soon as practicable after the decision, publish the name of the applicant so provisionally registered, in the Gazette.
The registrar may, on good cause shown, extend the period referred to in subsection (4) (a).
If, on the expiry of the period referred to in subsection (4) (a) or any extension thereof, the applicant satisfies the requirements for registration specified by the registrar, the registrar must register the applicant in accordance with subsection (2) (a).
If, by the expiry of the period, the applicant fails to satisfy the requirements for registration specified by the registrar, the applicant's provisional registration lapses.
32 Certificate of registration its certificate of registration or provisional registration or a certified copy thereof on its premises; and its registration number and an indication that it is registered or provisionalty registered on all its ofkial documents.
If the registrar has cancelled the registration or provisional registration of a private college in terms of section 39, the private college must return the original certificate of registration or provisional registration to the registrar within 14 days of such cancellation.
Any person may inspect the register of private colleges and the auditor's report contemplated in section 34(2)(b).
The registrar must furnish a certified copy of, or extract from, any of the documents referred to in subsection (1) to any person who has paid the prescribed fee.
sheet as at the end of the previous year; and such other information as the registrar may reasonably require.
and furnish the registrar with any additional information, particulars or documents in the manner determined by the registrar.
in the manner determined by the registrar; and by paying the prescribed fee.
The registrar may not amend the registration or provisional registration of a private college unless he or she is satisfied that such amendment is in the interests of further education and training and is compatible with the provisions of this Act.
The registrar may require further information, particulars or documents in support of any application for such amendment.
If the registrar decides not to grant the application, he or she must advise the applicant in writing of the decision and furnish the applicant with written reasons for the decision.
its provisional registration; or any amendment of its registration or provisional registration.
in respect of different private colleges, if there is a reasonable basis for such differentiation.
Subject to section 40, the registrar may, on reasonable grounds, amend or cancel any condition imposed under section 37 or impose new conditions under that section.
Subject to section 40, the registrar may, on reasonable grounds, cancel any registration or provisional registration in terms of this Act.
If the accreditation of any hrther education and training programme offered by a private college is withdrawn, the registrar must review the registration of such college.
has granted the private college and other interested persons an opportunity to make written representations in relation to such action, within 30 working days of the notice of the Registrar; and has considered such representations.
Any interested party may appeal to the Minister against any decision of the registrar in terms of this Chapter.
An appeal referred to in subsection (I) must be lodged with the Minister within 60 days of the date of the decision of the registrar.
The Minister may, on good cause shown, extend the period within which an appeal may be noted against the decision of the registrar.
promote quatity assurance in further education and training; and assess and report on the quality of education and training provided at (b) colleges.
A college must prcvide learning and training programmes leading to a qualification for levels applicable to colleges as determined by the South African Qualifications Authority in terms of the South African Qualifications Authority Act, 1995 (Act 58 of 1995).
Quality assurance must be conducted by Umalusi in terms of the General and Further Education and Training Quality Assurance Act 58 of 2001.
A public college may only provide higher education programmes under the authority of a higher education institution.
A public college providing the higher education programmes contemplated in subsection (3) may only offer such programmes after obtaining permission from the Minister as contemplated in subsection (5).
must apply to the Minister after the commencement of this Act, for permission to offer such programmes; and may only offer such programmes if they are published by the Minister in the Government Gazette.
The Minister may prescribe minimum norms and standards on the scope and range of the programmes contemplated in subsection (3).
strategic plans; and use of resources in delivering quality education.
A college must make information available for inspection by any person, in so far as such information is required for the exercise and protection of the rights of such person.
Every college must provide such information about the college as is reasonably required by the Head of Department or the Director-General in consultation with the Head of Department.
The Head of Department, Director-General and any college must provide such information about the college or the quality of the further education and training as is reasonably required by the NBFET.
involve financial or other maladministration of a serious nature; or seriously undermine the effective functioning of the college; and fc the council of the college has failed to resolve such circumstances; and the appointment is in the interests of further education and training in an open and democratic society.
report in writing to the Member of the Executive Council on the findings of his or her investigation; and suggest appropriate measures to resolve the matter.
The Member of the Executive Council must as soon as practicable furnish a copy of the report referred to in subsection (2) to the council concerned.
The council of a public college may, with the approval of the Member of the Executive Council change the name of such public college.
The Member of the Executive Council must, by notice in the Provincial Gazette, publish the change of name of such college.
confers a qualification which purports to have been granted by a college, or in collaboration with a college; or purports to perform an act on behalf of a college; is guilty of an offence and is liable on conviction to any sentence which may be imposed for fraud.
Any person who pretends that a qualification has been awarded to him or her by a college, whereas in fact no such qualification has been so awarded, is guilty of an offence and is liable on conviction to any sentence which may be imposed for fraud.
Any person who contravenes section 28 is guilty of an offence and is liable on conviction to a fine or imprisonment not exceeding five years or to both such fine and imprisonment.
Any person who misrepresents that he or she is offering programmes that are accredited under the National Qualifications Framework is guilty of an offence and is liable on conviction to any sentence which may be imposed for fraud.
38 No.
Neither the State, the NBFET nor any person appointed in terms of this Act is liable for any loss or damage suffered by any person as a result of any act performed or omitted in good faith in the course of performing any function for which that person was appointed in terms of this Act.
The state is not liable for any act or omission by the public college relating to its contractual responsibility as the employer in respect of staff employed in terms of section 20(2).
The state is liable for any damage or loss caused as a resuIt of any act or omission in connection with any educational activity conducted by a public college and for which such public coltege would have been liable but for the provisions of this section.
(Act 20 of 1957), apply to any claim under paragraph (a). Any claim for damage or loss contemplated in paragraph (a) must be instituted agzinst: he Member of the Executive Council concerned. Despite the provisions of paragraph (a), the State is not liable for any damage or loss caused as a result of any act or omission in connection with any enterprise or business operated under the authority of a public college for purposes of supplementing the resources of the college inctuding the offering of practical educational activities relating to that enterprise or business.
Any legal proceedings against a public college for any damage or loss contemplated in paragraph (d), or in respect of any act or omission relating to its contractual responsibility as employer may only be instituted after written notice of the intention to institute proceedings against the college has been given to the Head of Department for his or her information.
any employee of the Department; or any organ of State.
any employee in a provincial department responsible for education and training; or any organ of State.
The Director-General may, on such conditions as he or she may determine, delegate the exercise of any of his or her powers under this Act to any employee in the Department.
The council of a public college may, on such conditions as it may determine, delegate the exercise of any of its powers under this Act to other internal structures, or members of staff of such college.
any matter which the Minister is empowered or required to prescribe by regulation in terms of this Act; or any other matter in respect of which regulations are necessary or expedient in order to achieve the purpose of this Act.
This Act prevails over any legislation, if there is a conflict between any provisions dealing with further education and training.
The public further education and training institutions in Schedule 2 continue to exist and are deemed to be public colleges.
Members of the council, academic board, Student Representative Council continue to hold they are replaced in terms of this Act.
of the Labour Relations Act 66 of 1995.
Application for registration by private colleges made in terms of the Further Education and Training Act 98 of 1998 before the commencement of this Act must be deemed to be applications made in terms of this Act.
NBFET continues to exist until replaced by an advisory body in terms of the National Education Policy Act 27 of 1996.
The advisory body must advise the Minister on quality promotion and assurance.
consider any advice given by the advisory body; and provide reasons in writing to the advisory body if the Minister does not accept the advice.
the advisory body has failed to provide the advice within a reasonable time.
notify the advisory body of such action; and provide reasons in writing to the advisory body for such action.
by the Director-General; and body; and in respect of a province, by the Head of Department.
The existing code of conduct, disciplinary measures and procedures of colleges must continue to operate until new measures are determined in terms of this Act.
The Further Education and Training Act 98 of 1998 is hereby repealed.
Any regulations made or anything done under any provisions of any law repealed by this Act must be regarded as having been made or done under the corresponding provisions of this Act.
This Act shall be cited as the Further Education and Training Colleges Act, 2006.
42 No. 28806 GOVERNMENT GAZETTE.
Definitions 41 8.
Donors 57 44 No.
'private further education and training college' means any college registered or conditionally registered as a private further education and training college in terms of this Act; 'programmes' means a list of educational programmes approved and promulgated by the Minister in the Government Gazette; 'public further education and training college' means any further education and training col!
includes a vice-rector.
of the Further Education and Training Colleges Act.
Every public college is a juristic person with legal capacity to perform its functions in terms of this Statute and the Act.
the students of the college; and such other offices, bodies or structures as may be established by the council.
No vacancy in any of the offices contemplated in subsection (1) of the Statute nor any deficiency in the numbers or defect in the composition of the bodies or structures contemplated in subsection (1) of the Statute impairs or affects the existence of the college as a juristic person or any function conferred by the Act or this Statute upon the college.
Subject to the Act and this Statute the council governs the college.
determines and provides student support services after consultation with the SRC.
approves the annual budget of the college; and may conclude a loan or overdraft agreement, subject to the approval of the MEC.
At least 60 per cent of the members of the council must be persons who are not employed by the MEC or council, or students of the public college.
The council members must have knowledge and experience relevant to the objects and governance of the college.
The council has power to suspend, take disciplinary action against a member.
If 75 per cent or more of the members of the Council resign, the council is deemed to have resigned.
If the council resigns as contemplated in subsection (3) of the Statute a new council must be constituted in terms of this Statute and the Act.
of the Statute.
The chairperson, vice-chairperson and secretary of the council are elected for a period of two years.
The chairperson, vice-chairperson and secretary are eligible for re-election.
Nominations for the office of the chairperson, vice-chairperson and secretary of the council must be in writing and be directed to the electoral officer.
If more than one candidate is nominated, voting is by secret ballot.
Each member of the council has only one vote during a ballot and no proxy is at lowed.
Whenever a vacancy occurs in the office of the chairperson, vice-chairperson or secretary, the provisions of subsections(4) to (6) of the Statute apply with the necessary changes to the filling of such vacancy.
A person who fills a vacancy in terms of subsection (7) of the Statute holds office until the end of the term of his or her predecessor.
The council has at least four ordinary meetings during each academic year.
Notice of any motion for consideration at the next ordinary meeting must be in writing and must be lodged with the secretary at least 21 days before the date determined by the council for such meeting, provided that any matter of an urgent nature may, without prior notice, by consent of the chairperson and a majority of the members present, be considered at such meeting.
A special meeting may be called at any time by the chairperson.
A special meeting must be called by the chairperson at the request in writing of at least five members, the objective of such meeting clearly stated in the request, provided that at least seven days notice of a special meeting is given.
No business other than that which the special meeting was called for may be transacted at such meeting.
An emergency meeting may be called by the chairperson, or in his or her absence, by the principal at any time.
Notice of an emergency meeting may be given in any manner convenient under the circumstances.
The object of an emergency meeting must be stated to members and no business other than that stated may be transacted at such meeting.
The council members must participate in the deliberations of the council in the best interest of the public college.
Except where otherwise provided in this Statute, all acts or matters authorised or required to be done or decided by the council or its committees and all questions that may come before it are done or decided by the majority of the members present at any meeting, provided that the number present at any meeting is at least half plus one of the total number of members of the council or its committees holding office on the date of such meeting.
In the absence of the chairperson and the vice-chairperson of the council, the members present elect one of their members to preside at such meeting.
The first act of an ordinary meeting, after being constituted, is to read and confirm by the signature of the chairperson the minutes of the last preceding ordinary meeting and of any special meeting subsequently held, provided that the meeting may consider the minutes as read if a copy thereof was previously sent to every member of the council, provided further that objections to the minutes of a meeting are raised and decided before confirmation of the minutes.
A member of the council may not, without the consent of the meeting, speak more than once to a motion or to any amendment and the mover of any motion or any amendment has the right of reply.
Every motion or an amendment must be seconded and, if so directed by the chairperson, must be in writing.
A motion or an amendment seconded as contemplated in subparagraph (6), may not be withdrawn except with the consent of the meeting.
The chairperson has, on any matter, a deliberative vote and, in the event of an equality of votes, also a casting vo;e.
If so decided by the meeting, the number of members voting for or against any motion must be recorded in the minutes, or at the request of any member, the chairperson must direct that such votes be recorded.
When a majority of the members of the council reaches agreement on a matter referred to them by letter or electronic means by the chairperson, without convening a meeting, and conveys such resolution by letter or electronic means, such resolution is equivalent to a resolution of the council and must be recorded in the minutes of the next succeeding ordinary meeting.
The views of a member of the council who is unable to attend a meeting may be submitted to the meeting in wriiing but may not count as a vote of such member.
The ruling of the chairperson on a point of order or procedure is binding unless immediately challenged by a member, in which event such ruling must be submitted without discussion to the meeting whose decision is final.
A member of council may not have a conflict of interest with the public college.
A member of council who has a direct or indirect financial, personal or other interest in any matter to be discussed at a meeting and which entails or may entail a conflict or possible conflict of interest must, before or during such meeting, declare the interest.
Any person may, in writing, inform the chairperson of a meeting, before a meeting, of a conflict or possible conflict of interest of a council member of which such person may be aware.
The member is obliged to recuse himself or herself from the meeting during the discussion of the matter and the voting thereon.
a planning and resource committee; and fl such other committees as may be required.
At least 50 per cent of the members of a committee must be persons who are not employees or students of the college.
The chairperson of a committee must be a member of the Council.
must be included in the agenda of the next ordinary meeting of the ccuncil following the respective committee meetings.
The members of the Council must be provided with copies of such minutes.
No motion to draft, amend or rescind a statute or a rule is of force and effect unless adopted by at least 75 per cent of all members present at the meeting, provided that such meeting is constituted by at least half plus one of the total number of members.
and performing such other functions as may be delegated or assigned to it by the council.
may delegate its functions; and must take note of any action taken by a committee in exercising its delegated powers or functions when such committee reports its actions to the next meeting of the academic board.
the organisation and superintendence of instruction and examinations, and of lectures and classes, vest in the Academic Board.
recommendations on matters referred to it by the council; and recommendations on any other matter affecting the public college as the Academic Board considers useful.
Members of the Academic Board must participate in the deliberations of the Academic Board in the best interest of the public college.
Failure to act in the best interest of the public college or behaviour that brings the public college into disrepute may result in the removal of a member from the Academic Board by the council following due process.
members of the student representative council; and such additional persons as may be determined by the council.
The majority of members of the academic board must be academic employees.
The manner of election and appointment of members must be determined by Council.
of the Statute must be determined by the council.
of the Statute hold ofice for as long as they are employed by the college in that capacity.
for student members automatically lapses when a student ceases to be a registered student or member of the SRC.
The principal is the chairperson of the academic board.
The vice-chairperson of the academic board is the vice-principal.
The secretary of the academic board is determined by the academic board by secret ballot.
The chairperson presides at the meetings of the academic board and the meetings of the sub-committees of the academic board if the academic board considers it appropriate for him or her to do so.
The chairperson performs such other functions as the academic board may determine.
In the absence of the chairperson, the provisions of subsection (4) of the Statute apply to the vice-chairperson.
such other functions as the academic board may determine.
The secretary performs those functions assigned to him or her by the academic board.
56 No.
If both the chairperson and the vice-chairperson are absent, the academic board elects from among its members, a chairperson for the meeting concerned.
The procedure applicable to the council meetings is applicable with the necessary changes to the meetings of the academic board.
The academic board appoints an executive committee; and such other committees as may be required.
of the committees are determined by the academic board.
The council, in consultation with the academic board, appoints such joint committees of the council and the academic board as may be necessary for the performance of particular tasks.
The students of the public college are represented by the SRC in all matters that may affect them.
such additional functions and privileges as may be specifically conferred upon it by the council.
Only registered students are eligible to serve on the SRC.
The SRC must be representative of the student body.
The SRC of the colleges that are merged must have a meeting before the merger to constitute a single interim SRC comprising of all members of the SRC concerned for a period not exceedi.ig six months.
The SRC elects from among its members a president to act as chairperson and a deputy president to act as deputy chairperson.
The functions of other office bearers and the election of such office-bearers are determined by the SRC.
The term of office of the members of the SRC is determined by the council after consultation with the students and lecturers of the college, subject to provincial policy.
The number of meetings, the quorum at a meeting and the meeting procedures are determined by the constitution of the SRCas approved by the council.
The SRCmust establish a disciplinary committee responsible for the discipline of any members of the SRCand members of the student structures affiliated to the SRC.
The SRCmay establish such other committees as may be required.
The SRCmust convene at least one general meeting of students per semester.
A general meeting may also be requested by a majority of students signing a petition to the SRC.
Meetings may not disrupt academic activities unless the principal has granted prior permission.
Management staff consists of the principal, vice-principal and Chief Financial Officer of the public college.
The principal is the chief executive officar of the college.
The principal is responsible for the day-to-day management and administration of the college and has all the powers necessary to perform these fbnctions.
The principal reports to and is accountable to the council in respect of matters of governance.
By way of his or her office the principal is a member of all the committees of the council and the senate.
The council may assign additional functions, and grant additional powers and privileges to the principal.
When the principal is absent or unable to carry the duties, the vice-principal takes over or the Member of the Executive Council may appoint an acting principal.
The vice-principal or the vice-principals and the chief financial officer are responsible for assisting the principal in the management and administration of the college.
The advertising of the post, the invitation for nomination ofcandidates, the search for suitable candidates, the criteria for the short-listingof candidates and the interviewing and appointment processes are in the manner determined by the council.
The conditions of employment, including the determination and review of salaries of lecturers and non-lecturers and all other forms of remuneration is approved by the council according to the college's policy as determined in the Rules which may be amended from time to time by the council.
The management staff is subject to continuous evaluation in the performance of its duties by the MEC.
The lecturers and non-lecturers are subject to continuous evaluation in the performance of their duties.
Every lecturer and non-lecturer is subject to a disciplinary code and disciplinary procedures, as approved by the council and determined in the Rules, which serve as an integral part of conditions of service.
Agreements with representative organisations of employees may, with reference to salary and related negotiations and according to the relevant labour legislation, be entered into by the representative of lecturers and non-lecturers and recommended to the council for approval.
A person may be permitted by the council to register as a student only if he or she satisfies the legal requirements for admission to study at the college and, further, satisfies any other requirements for admission that mal be determined by the council and laid down in the Rules.
The disciplinary measures and disciplinary provisions applicable to the students are set out in the disciplinary code determined by the council after consultation with the SRC.
The college may receive moneys and equipment of any sort from donors to assist the college in providing quality education.
The college may recognise and register certain donors as determined in the Rules.
A public college that has not drafted a college statute in terms of section 1 1 of the Act must make use of this Standard College Statute.
<fn>GOV-ZA.28914aEn.2012-02-10.en.txt</fn>
This notice contains the titles, fields, sub-fields, NQF levels, credits, and purpose of the qualification.
Copies may also be obtained from the Directorate for Standards Setting and Development at the SAQA offices, Hatfield Forum West, 1067 Arcadia Street, Hatfield, Pretoria.
Comment on the qualification should reach SAQA at the address below than 6 July 2006.
Public Relation Officers.
Community development workers.
(at basic level).
Campaigners (at participation level).
Marketers and distributors of government services and products.
Members of civil society involved in Public Service-related communication, such as social workers, health workers, lawyers, volunteers, interns.
and formulate communication needs.
Contributeto development of communication tools.
Communicate and disseminate information on government policy and services effectively, using a variety media and tools.
democratic system of government, it is vital that there be clear and open communication channels behnrben the Public Service and different publics. This is an entry level qualification to provide a mechanism for recognitionof those who are able to engage in a variety of ways to meet the information needs of publicsand promote the image ofgovernment.
Carry out the national, provincial and local communication strategies, externally and/or internally.
A Further Education and Training Certificate (FFTC).
This qualification can be achieved wholly or in part through recognition of prior learning in terms of the defined exit level outcomes andlor individual unit standards.
Evidence can be presented in various ways, including international andlor previous local qualifications, products, reports, testimonials mentioning functions performed, work records, portfolios, videos of practice and performance records.
All such evidence will be judged in accordance with the generat principles of assessment described above and the requirements for integrated assessment.
A Further Education and Training Certificate (FETC) or working experience at the level of NQF 4.
Candidates are required to achieve 15 credits for the Fundamentat unit standards.
Candidates must achieve all 85 core credits.
Candidates must achieve at least 20 credits of their choice from the available 66 elective credits.
Apply media principles and practices.
Demonstrate knowledge of human rights and democratic governance.
Demonstrate understanding of marketing.
Identifying and solving problems in which responses indicate that responsible decisions using critical and creative thinking have been made.
Working effectively with others as a member of a team, group, organisation or community.
Organising and managing oneself and one's activities responsibly and effectively.
Collecting, analysing, organising and critically evaluating information.
Communicating effectively using visual, mathematical and/or language skins in the modes of oralhrvrittan persuasion.
Using science and technology effectively and critically, showing responsibility towards the environment and health of others.
solving contexts do not exist in isolation.
Reflecting on and exploring a variety of strategies to learn more effectively.
Participating as responsible citizens in the life of local, national and global communities.
Being culturally and aesthetically sensitive across a range of social contexts.
Exploring education and career opportunities; and developing entrepreneurial opportunities.
Activities are carried out in line with strategic objectives and organisational policy.
Page 2 out in a manner that promotes government image.
Government communication processes are applied using appropriate mechanisms and products and in line with given protocols and principles.
Assessments identify the effect of communication in relation to the intended purposes of the communication.
Media and community relations are developed, monitored and maintained in a manner that communicates government information effectively.
Government communication campaigns and communication activities are implemented and coordinated according to communications are carried out using appropriate media in line with established media and practices.
Common journalistic techniques are employed effectively in the development and implementation of government communications.
Key concepts of human rights and democracy are explained in terms of their application in society.
Marketing communication is defined in terms of itsnature, role and history.
Marketing communications are explained in terms of ethical, social, cultural and legal issues.
Assistance is provided related to marketing functions.
Assessment is totake place according to thedetailed specifications indicated in the unit standards associated with each exit level outcome. Over and above the achievement of the specified unit standards, evidence of integration will be required as per the broad assessment criteria specified above, all within the mtext of everyday public communication activities, dealing with divergent and random demands related to publb communications.
Assessors should note that the evidence of integration could well be presented by learners when being assassed against the unit standards -thus there should not necessarily be separate assessments for each unit standard and then further assessment for integration. Welt designed assessments, including formative and summative, should make it possibleio gain evidence against each unit standard while at the same time gaining evidence of integration.
initial assessment activities should focus on gathering evidence in terms of the exit level outcomes and the main outcomes expressed in the titles of the unit standards to ensure assessment is integrated rather than fragmented. Where assessment at title level is unmanageable, then the assessment can focus on each specific outcome, or groups of specific outcomes.
Evidence must be gathered across the entire range specified in each unit standard, as applicable. Assessment activities should be as close to the real performance as possible, and where simulations or role-playsare used, there should be supporting evldence to prove that +he candidate is able to perform in the realsituation.
assessments should be conducted in accordance with the following universally accepted principles of assessment fair and manageable methods that are integrated into real work-related or learning situations.
Judge evidence on the basis of its validity, currency, authenticity and sufficiency.
Ensure assessment processes are systematic, open and consistent.
revealed that there were no international qualifications that focus primarily on Public Service Communications.
The search of internationally comparable qualifications leqd to the NZQA National Diploma in Marketing with an elective strand in public relations.
informed by many of the unit standards contained in this NZQA, qualification, and the unit standards am hence comparable.
Apply communication processes, and assess communication effects for public relations programmes.
Formulate and coordinate public relations communications.
Formulate and produce communication strategies for public relations programmes and activities.
Review and evaluate public relations programmes and services.
Research print and electronic sources for journalism.
Demonstrate knowledge of media ethiics.
Analyse and apply principles of communication process theory.
Identify the role and functions of the New Zealand public relations induse.
Establish social, ethical, legal, and regulatory parameters for public relations aCfiVhhS.
Plan and manage public relations programmes.
Establish, develop, and manage public relations media retationships.
Direct and coordinate research of public relations issues and activities.
Collaborate in a group to deliver an oral presentation.
Present information orally to an audience.
The search identified qualifications in New Zealand that have a broader focus on public sector senhS, and comparisons were carried out in relation to these qualifications.
Nationat Certificate!
This qualification is for people seeking a career or employment in the is also relevant in the wider public sector, particularly in those agencies and organisations who are providing services to the public on behalf of the governmentThe qualification recognises the generic skills, knowledge, understandings, attitudes and values expected of a competent role holder in a wide range of contexts in the Public Service and the wider public sector. This qualification may be complemented by competencies related to the specific role (for example Business Administration) andlor Competencies relevant to the specific organisation (for example Inland Revenue). As well as recognising competencies in relationto the public sector context, this qualification also identifies information technology, communications, writing, and service delivery competencies.
This qualification is for people who are employed in the public sector as field or community advisors. People employed in these roles undertake a wide variety of tasks in diverse contexts for a significant number of public sector agencies. The qualification recognises that in addition to the agency specific knowledge and understanding, advisors require a range of skills to perform activities that are relatively standard across the agencies. These include: liaising with community or business groups or individuals; interpreting and translating Government policy to users; providing advice and support in retation to government funding and policy or project work; facilitating meetings and workshops; and giving presentations.7he compulsory section is designed to reflect the key theme of advisors work, which is to provide an interface between government policy and community action. Holders of this qualification are able to demonstrate a high level of understanding of the roles of the individuals and public servants in community development as required by the New Zealand Public Service Code of Conduct. The elective section allows advisors to select the most appropriate complimentary skills for their position.
People with this qualification could also move into areas of study related to qualifications in Marketing, Public Relations, Diplomacy, Journalism. Drama and Arts, Advertising, and Audio VisuaVBroadcasting.
Providers offering teaming towards this qualification or the component unit standards must be accredited by the appropriate ETQA.
Moderation of assessment will be overseen by the appropriate ETQA according to moderation principles andthe agreed ETQA procedures.
Registered assessors must have a relevant qualification at NQF level 6 or equivalent andlor be a subject matter expert inthis learning area.
line means that the qualificationis not based on Unit Standards.
4 3 Reregistered communication -1 and !
<fn>GOV-ZA.28914bEn.2012-02-10.en.txt</fn>
Communication Studies and Languages, publishes the following qualification for public comment.
This notice contains the titles, fields, subfields, NQF levels, credits, and purpose of the qualification.
Government communication analysts and policy developers.
Media liaison officers/press secretaries.
Government communication advisors.
Public Relations officers.
Communication content developers and copywriters.
of multi-media communication products.
Elected office bearers.
Recipients of this qualification are able to initiate, design, develop, manage, implement, monitor and evaluate public service communication strategies, processes and products.
In a democratic system of government, it is vital that there be clear and open communication channels between the Public Service and different publics. This qualification will provide a mechanism for recognition of those who are able to engage in a variety of ways to meet the information needs of publics, provide leadership in government communication and promote the image of government.
Develop, manage, implement and act as custodians of communication strategies within a government framework..
Facilitate joint planning and implementation of communication projects.
Identify, develop and oversee government information campaigns and products.
This qualification can be achieved wholly or in part through recognition of prior learning In terms of the defined exit level outcomes and/or individual unit standards.
Evidence can be presented in various ways, including international andlor previous locat reports, testimonials mentioning functions performed, work records, portfolios, videos of practice and performance records.
All such evidence wilt be judged inaccordance with the general principles of assessment described above and the requirements for integrated assessment.
The National Certificate Public Service Communications (Level 5)is not an entry requirement for this qualification. However, those who hold the level 5qualification will receive credits for part of this qualification.
Core all 87 core credits.
Elective at least 30 credits from any of the available 68 elective credits.
Develop and establish Public Service communication. ,2.
Provide leadership in Public Service communication.
Demonstrate knowledge of and apply principles and practices in the media.
Demonstrate understanding of and apply human rights practices and democratic governance.
Analyse marketing information and practices..
and solving problems in which responses indicate that responsible decisions using critical and creative thinking have been made.
and managing oneself and one's activities responsibly and effectively.
Communicating effectively using visual, mathematical and/or language skills in the modes of oral/written persuasion.
on and exploring a variety of strategies to barn more effectively.
Participatingas responsible citizens in the life of local, national and global communities.
culturally and aesthetically sensitive across a range of social contexts.
Materials, products and policies are developed to meet Public Service Communication objectives.
Relationships are developed and maintained so as to facilitate ease of communication.
Relationships are developed and maintained with the media and communities in a way that promotes the policies and image of government.
Resources, personnel and activities are utilised and led'jn a coherent and effective manner in dynamic and random situations.
Management of resources is effective and in line with strategic planning.
Evaluations of the methods and effects of communications identify strengths and weaknesses Of communications, and provide recommendations for future practices.
Data is accessed, processed, adapted and used from a wide range of texts in a manner that informs and communicates the required message.
Media principles and practices are applied in all activities related to government communication.
Media techniques used are appropriate for the audience and context.
Principles and practices related to democratic governance are integrated into all communication practices.
Concepts related to human rights and democracy are explained in terms of their origin and relevance to South African Society and Public Service communications.
Principles of marketing are applied in the development and leadership of communication activities.
Analysis of marketing information contributes to the effective development and implementation of communication programmes and processes.
Assessment is to take place according to the detailed specifications indicated in the unit standards associated with each exit level outcome. Over and above the achievement of the specified unit standards, evidence of integration will be required as per the broad assessment criteria specified above, all Within the context of everyday public communication activities, dealing with divergent and random demands related to public communications.
Assessors should note that the evidence of integration could well be presented by learners when being assessed against the unit standards -thus there should not necessarily be separate assessments for each unit standard and then further assessment for integration. Well designed assessments, including formative and summative, should make it possible to gain evidence against eachunit standard while at the same time gaining evidence of integration.
The initial assessment activities should focus on gathering evidence m terms of the exit level outoomes and the main outcomes expressed in the titles of the unit standards to ensure assessment is integrated rather than fragmented. Where assessment at title level is unmanageable, then the assessment can focus on each specific outcome, or groups of specifc outcomes. Take special note of the need for integrated assessment.
Evidence must be gathered across the entire range specified in each unit standard, as applicable. Assessment activities should be as close to the real performance as possible, and where simulations or role-plays are used, there should be supporting evidence to prove that the candidate is able to perform h the real situation.
Use appropriate, fair and manageable methods that are integrated into real work-related or learning situations.
Judge evidence on the basis of itsvalidity, currency, authenticity and sufficiency.
An extensive search for qualifications and learning programmes related to public service communications was carried out in Botswana, Egypt, England, Scotland, Ireland, New Zealand and Australia.
The search for internationally comparable quatifications lead to the NZQA National Dipioma in Marketing with an elective strand in public relations. The South African Public Service Communications Qualifications were informed by many of the unit standards contained in this NZQA, qualification, and the unit standards am hence comparable.
11604 Formulate and coordinate public relations communications.
10355 Identify and advocate news for publication or broadcast.
10356 Research print and electronic sources for journalism.
10376 Demonstrate knowledge of media ethics.
Identify the role and functions of the New Zealand public relations industry.
Establish social, ethical, legal, and regulatory parameters for public relations activities.
Establish, develop, and manage pubtic relations media relationships.
9674 Facilitate a group andlor team to gather ideas and information.
9692 Present information orally to an audience.
The search identified qualifications in New Zealand that have a broader focus on public sector services, and were carried out in relation to these qualifications. Despite the lack of comparable qualifications internationally, there remains a definite need in the South African context for qualifications that areaimed at those involved specifically in communications within the public service, and the competencies around communication and related competencies. The area of public service communications is a most important and growing one within the South African context.
This the public sector as field or community advisors.
The qualification recognises that in addition to the agency specific knowledge and understanding, advisors mquire a range of skills to perform activities that are relatively standard across the agencies. These include: liaising with community or business groups or individuals; interpreting and translating Government policy to users; providing advice and support in relation to government funding and policy or project work; facilitating meetings and workshops; and giving presentations.
Thecompulsory section is designed to reflect the key theme of advisors work, which is to provide an interface between government policy and community action. Holders of this qualification are able to demonstrate a high level of understanding of the roles of the individuals and public servants in community development as required by the New Zealand Public Service Code of Conduct. The elective section allows advisors to select the most appropriate complimentary skills for their position.
An understanding of the public sector ethical context is a key component of developing future leaders, and this competency is reflected inthe qualification. The importance of interpersonal communication skills in team leadership and facilitation is also reflected.
is part of a series of leadership qualifications planned for the public sector. It shares credits with and may lead on from the National Certificate in First Line Management (Level 4) Ref: 06491 although the structure of the qualifications differ. Candidates who do not already hold that qualification will complete its requirements as part of this qualification.
Public Relations.
Drama and Arts, Advertising, and Audio VisuaVBroadcasting.
<fn>GOV-ZA.28En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.28apr20051En.2012-02-10.en.txt</fn>
Tuesday's release of consumer price data for March was broadly in line with market expectations and economists' predictions.
According to this data, the official inflation rate - the consumer price index (CPI) for the historical metropolitan areas at March 2005 compared with that at March 2004 - is 3 percent. This is 0.4 of a percentage point higher than the corresponding annual rate of 2.6 percent at February 2005.
The main contributors to the 3 percent inflation rate were similar to those for February 2005: increases in the price indices for housing, medical care and health expenses, transport, education, and food.
A similar trend is discerned in the annual percentage change in CPIX, which is CPI excluding the interest rate on mortgage bonds, for the historical metropolitan and other urban areas. CPIX is used by the SA Reserve Bank for inflation targeting.
This is 3.6 percent at March 2005 (that is, the CPIX at March 2005 compared with that at March 2004). In terms of monthly change, this rate is 0.5 of a percentage point higher than the rate of 3.1 percent in February.
The main contributors to this 3.6 percent increase in the CPIX are the price indices for housing (excluding interest rates on mortgage bonds), medical care and health expenses, transport, food, education, and fuel and power.
There are, however, other indicators released each month as part of the overall suite of consumer price data. Indices are also calculated for different geographical areas and different groups of products.
There is even a CPI calculated for pensioners in different geographical areas, based on the assumption that the impact of inflation is experienced differentially by various social and income groups. Some of these do not always receive the same attention as CPIX and the official rate of inflation.
For example, Statistics SA calculates a set of indices for food inflation every month. The annual rate of increase in food prices for the historical metropolitan areas is 1.5 percent at March 2005 compared with that at March 2004.
This was mainly due to annual increases in the prices of meat, milk, cheese and eggs, fish and other seafood, fruit and nuts, sugar, and fats and oils.
In monthly terms, the rate of increase as at March 2005 is 0.1 of a percentage point higher than that at February 2005. Various price indices are, in addition, calculated for different geographical areas (the historical metropolitan areas, rural areas and the country as a whole).
In the rural areas, the inflation rate is 1.6 percent at March 2005 compared with that at March 2004. This is 1.4 percentage points lower than the official rate in the historical metropolitan areas, and 0.4 of a percentage point lower than the corresponding annual rate of 2 percent at February 2005.
This lower rate of increase in the rural areas as at March 2005 compared with that at February 2005 can, in part, be explained by decreases in the annual rates of change for the CPI for furniture and equipment (minus 0.6 percent at February 2005 to a lower rate of minus 1.7 percent at March 2005), non-alcoholic beverages (from 6.8 percent at February 2005 to a lower rate of 3.7 percent at March 2005), and for food (a decrease from 0.2 percent at February 2005 to minus 0.6 percent at March 2005).
These decreases were slightly counteracted by increases in the annual rates of change for the CPI for fuel and power (an increase from 6.8 percent at February 2005 to 7.8 percent at March 2005), and for transport.
Showing a similar trend, the CPIX for rural areas as at March 2005, compared with March 2004, was lower than the CPIX for the historical metropolitan areas (1.8 percent compared with 3.5 percent). Some might find it strange that inflation in the rural areas is lower than in the main urban areas.
One of the reasons for this may be that food prices are a greater influence on inflation in rural communities than they are in the urban areas, and the rate of food inflation decreased in the rural areas between February and March 2005 (from 0.2 percent in February to minus 0.6 percent in March).
There is a depth not immediately visible in Stats SA's monthly consumer price data; when analysed, this can reveal much more than the headline-catching official rate of inflation and the CPIX in the urban areas.
Pali Lehohla is the statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, including the latest CPI data, visit www.statssa.gov.
<fn>GOV-ZA.28february20081En.2012-02-10.en.txt</fn>
In just four decades the systems of statistics in Africa have passed through three seismic waves. The first occurred in the immediate aftermath of decolonisation, when Africa experienced a decade of dramatic development of its systems of national statistics, particularly in the implementation of population censuses and household surveys.
However, by the 1990s, the continent was dogged by dramatic declines and diminished levels of competence in its statistical systems. The proportion of African countries that took part in the 1980, 1990 and 2000 rounds of housing and population censuses, compared to those in other regions of the world, was significantly lower. Africa had undermined the cornerstone for statistical development at a critical moment of its development.
Towards the end of the 1990s, statistical systems of a reasonable number of countries on the continent experienced rapid revival as democracy created a new lease on life. By 2005 all countries on the continent were conscious of the need for a system of statistics, and had expressed commitment to conducting population censuses. The question is whether this third wave of revival in statistics in Africa heralds the beginnings of sustainable statistical systems, or whether, like its predecessor cycle, it will be followed by another decline.
Understanding statistical development requires appreciation of the interplay between economic performance and political stability as well as their relationship to statistical development. In the past, this interplay has worked to the detriment of statistics. However, the same factors now facilitate statistical development, enabling African statisticians to spot opportunities and co-invest in statistical value creation.
Both the president's recent state of the nation address and Wednesday's budget speech by the minister of finance, Trevor Manual, made reference to South Africa's changing status from a beneficiary of assistance to a role player in matters such as peace keeping and post-conflict reconstruction. Similarly, South Africa contributes in important ways to statistical development in Africa, through the role of Statistics SA (Stats SA).
This falls broadly under one of the priority areas of government's programme of action, which has the theme of "a better Africa and a better world". Addressing the jubilee of the South African Statistics Association in 2003, Manuel, posed five challenges to statisticians. He lamented the lack of trust in statistics, poverty of statistical skills, mediocre discourse where results trump methods, and the onerous requirements of playing in a "higher league" of statistical practice, where the International Monetary Fund's special data dissemination standards set the benchmark.
Before the minister posed these challenges, Stats SA began moving into a leadership and support role in Africa. It hosted international conferences on censuses in 2001 and 2003. In 2005 South Africa hosted the Commonwealth Conference of Official Statistics. From 1997, South Africa became a focal point for the Southern African Development Conference's (SADC) millennium census project, including training for countries outside of the SADC area.
Currently South Africa is running a survey methodology programme with Westat, with two representatives from each SADC state participating.
Under the chairmanship of South Africa, the UN's Economic Commission for Africa (Uneca) created the African Symposia for Statistical Development in 2005. This will see each of the member states host a leg in a 53-year journey launched by in Cape Town in 2006. Three symposiums have been held so far, in Cape Town, Kigali and Accra. Next is Luanda.
Stats SA contributed significantly to the resuscitation of the statistics function at Uneca. South Africa will, within two years, open its Statistics Institute, where African statisticians will train in official statistics, geographic information systems and statistical leadership. South Africa will be hosting the 57th Session of the International Statistical Institute. In preparation for this, Stats SA is contributing to a number of preparatory initiatives, including the June 2008 Young Statistician Conference, which South Africa will host.
The development of statistics in Africa is on the right path. In collaboration with other partners, Stats SA still plays an important role in sustaining and strengthening the African revival of official statistics.
<fn>GOV-ZA.28june2011g5En.2012-02-10.en.txt</fn>
222 Struben Street Private Bag X895, Pretoria, 0001 Telephone: 012 357 3000 Fax: 012 323 0601 Website: http://www.education.gov.
FOREWORD BY DIRECTOR GENERAL 4 1. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. PURPOSE OF ANNUALNATIONAL ASSESSMENTS 5 3. THE PRESENTATION OF THE RESULTS6 3.1 Quantitative information 6 3.2 Qualitative information 8 4. LIMITATIONS OF THE ANA INFORMATION11 5. THE USE OF THE RESULTS 11 5.1 Broad application11 5.2 Specific use at different levels of the system12 6. REPORTING 19 6.1 Reporting results to parents19 6.2 Reporting learner achievement to the Head of Department 19 7. MONITORING 20 7.1 Target setting20 7.2 Monitoring of schools and Districts 20 8.
It is my privilege to release together with the Report on the Results of the Annual National Assessment, a Guideline on the Interpretation and Use of ANA results, at school, district and provincial levels of the Education system. ANA results are not an end in themselves, but a means to learner improvement and therefore appropriate utilisation of these results must be supported and facilitated at each of the levels of the schooling system.
In South Africa for many years, there has been much focus on learner performance at the Grade 12 level.
This has created much hype around the SeniorCertificateand National SeniorCertificateexamination results.
However, over the last few years, there has been a strong realisation that to improve Grade 12 results, the performance of learners in lower grades have to improve. Therefore in, Action Plan to 2014: Towards the Realisation of Schooling 2025, which has 27 goals the first three goals relate to outputs in Grades 3, 6 and 9.
Increase the number of learners in grade 3 who by the end of the year, have mastered the minimum language an numeracy competencies for Grade 3.
Increase the number of learners in grade 6 who by the end of the year have mastered the minimum language and mathematics competencies for Grade 6.
Increase the number of learners in grade 9 who by the end of the year have mastered the minimum language and mathematics competencies for Grade 9.
However, there has been insufficient, credible measurement of the quality of teaching and learning below Grade 12. Without credible monitoring of what learners learn, it is not possible for parents and district officials or teachers themselves to know what action needs to be taken. Therefore, the output of establishing a world class system of standardised national assessment is the priority of the Department of Education. This system essentially involves having all learners in key grades and learning areas sit for standardised tests which are comparable across provinces and schools.
Guideline which will assist in enhancing your role as a change agent in the educational transformation process.
Information is the basis for any successful improvement process and I am confident that the ANA results will equip you with the information that is an accurate reflection of the health of the system.
Thank you for your committed and dedicated support.
MR PB SOOBRAYAN DIRECTOR GENERAL: BASIC EDUCATION 28 June 2011 1.
The results of ANA should be seen as complimenting and further supporting the assessment programmes used by schools to continuously assess the progress of learners. The ANA results will form an important part of the school academic performance improvement plans (APIP).
The guidelines outline the purpose of ANA, the manner in which the results have been presented and should beinterpretedandused. Boththebroad andspecificpurposes forwhichtheresults shouldbeusedat different levels of the system are given. Finally and most importantly, the guideline outlines how ANA results should be integrated into all the programmes in the schooling system.
The purpose of ANA is to track learner performance each year in Literacy and Numeracy as the Department works towards the goal of improving learner performance in line with commitments made by government. The ANA results will be used to monitor progress, guide planning and the distribution of resources to help improve Literacy/Language and Numeracy/Mathematics knowledge and skills of learners in the grades concerned.
ANA data is limited to assessing only Literacy and Numeracy knowledge and skills in the targeted grades. However, this does not mean that other subjects or learning areas are less important. Literacy and Numeracy have been identified as critical competencies that underpin educational success across the board. It has been shown that an improvement in Literacy and Numeracy will translate into an improvement in other subjects.
The results will be used for both broad and specific purposes and at different levels of the system to realise improvements in the levels and quality of learner performance (see Annexure).
The ANA results provide valuable baseline information for the system to benchmark performance in both Literacy and Numeracy and provide a measure so as to track progress over the years towards the achievement of set targets.
For grades 3 and 6, the analysis of items will be provided and will be used to develop a range of courses to support teachers to improve teaching and assessment in the areas identified as problematic. The courses will be immediate, "Just in time", other short and longer term.
In areas of particular weakness, the results will give clear indication of any additional learning materials to be developed both by the teacher or subject specialist to support classroom teaching and assessment.
Districts will develop focused interventions, based on what the results show, for schools that need them the most. Schools will be able to set annual targets in relation to the national benchmark of 60% of learners achieving acceptable levels in Literacy and Numeracy by 2014.
For learners, information will be provided on the skill areas where they are strong and where they experience challenges. Information from ANA will be used to direct teachers towards particular kinds of teacher development programmes and to engage seriously with school principals around what the problems in the school are.
ANA results will enable districts, parents and schools to have a standard source of information to determine which schools, learners and teachers are most urgently in need of support. They will be alerted to programmes that may not be working as intended, for instance, filling critical teaching posts, ensuring that schools receive full allocation of resources in line with the funding policy, etc.
However, ANA results will not be used as a basis for providing more than the normal amount of resources for a school as this could produce a situation where schools deliberately perform poorly in order to attract additional resources. Instead, the current approach of providing more resources to poorer school communities to compensate for home background disadvantage should be continued.
At the heart of all school improvement efforts is the important understanding that learning can and should improve on a continuous basis. Learners come to school to learn, to find new challenges and to gain new understandings. The role of schools and classrooms is to create environments that enable learners to learn meaningfully using evidence to guide all decisions about learners and learning. The information that is generated from assessments is key evidence to continuous improvement in learning and teaching. It must be used to inform all decisions, plans and programmes for improvement.
Decisions and plans on what, when and how to teach must be informed by the evidence that comes out of the assessments, both school-based and ANA assessments.
"What is the overall level of literacy/numeracy competency of my class?
Calculate the average score percent obtained by the learners in each of the literacy and numeracy tests (Sum of the scores obtained by individual learners divided by the number of learners and expressed as a percentage1).
of or above the total test score), then the class as a whole has achieved the "acceptable" level of performance in that particular subject (literacy or numeracy), BUT some individual learners may not have achieved the acceptable level. Remember, we must have evidence that every learner succeeds!
If the average score in the subject is less than half of the total expected test score, then the class as a whole has NOT achieved the "acceptable" level of performance in that particular subject, ALTHOUGH some individual learners may have achieved the acceptable level.
Decide whether the evidence suggests that it is the whole class or part of the class that requires focused attention to help them improve their performance.
ii Which learners in my class have not achieved the acceptable levels of performance in each of literacy and numeracy?
iii What were the knowledge and skills that the underperforming learners could not demonstrate in the tests?
Find out in which individual test questions learners obtained the lowest scores in each subject, i.e. challenging questions, as indicated by the Question Analysis data.
Use your professional knowledge of the subject to find out the knowledge and skills that the learners required in order to answer each of the challenging questions correctly.
Develop focused teaching strategies to teach the knowledge and skills that the evidence at hand shows were lacking among the learners and, as a result, they found specific questions challenging. For example, learners who could not answer questions that required knowledge of operations on different types of fractions may be lacking either the conceptual knowledge of fractions or the techniques required for this purpose or both. In literacy, learners who could not answer questions based on reading comprehension passages may be lacking 'reading fluency' skills.
Decide whether you will need any specific professional support in order to effectively teach the identified knowledge and skills which your learners lack, e.g.
(i.e. addition, subtraction, division or multiplication) on different types of fractions, or expert guidance on how to teach 'reading fluency'.
Decide if there are any specific resources that you will need to enable you to teach the knowledge and skills that evidence shows are lacking among your learners. If so, decide if the required resources are readily available at school or need to be obtained from outside the school and submit your request to the SMT.
iv How will the collected evidence be used to improve learner performance?
Record the average score percent of your class in each subject as baseline information, i.e. the starting point towards improvement, and set a target score.
Decide on the amount (as a percentage) by which you want the average score percent of your class to increase in the next round of assessment. For instance, if the current average score of your class is 45% (baseline), you may decide that you want this score to increase by 5% to 50% (target).
"What are you going to do differently to achieve your target?
Develop teaching strategies that will ensure that each of your learners learns effectively.
Set tests of high quality that include questions which challenge learners in the target knowledge and skills that you want them to improve and assess regularly through both informal formative assessment and summative assessment (e.g. weekly, monthly and quarterly tests) to monitor if average class scores (in percentage) increase.
Ask your learners to set personal improvement targets as well and provide them with continual feedback at individual level, i.e. discuss with each of them whether their scores are improving, remaining the same or decreasing.
"What is the baseline performance of our school in literacy and numeracy?
Collect mark schedules from class teachers and find out what the average scores (in percentages) in each grade are.
If the average score in a grade is equal to or greater than half of the total expected score (50% of or above the total test score), then the grade as a whole has achieved the "acceptable" level of performance, BUT some individual learners may not have achieved the acceptable level. Remember, we must have evidence that every learner succeeds!
If the average score in a grade is less than half of the total expected test score, then the grade as a whole has NOT achieved the "acceptable" level of performance, ALTHOUGH some individual learners may have achieved the acceptable level.
"What kind of support needs to be given to teachers in the underperforming grades" To have evidence-based answers to this question?
Discuss with the affected grade teacher(s) which learners in the grade are underperforming. Are they mostly girls or boys Are they learners who are often absent from school (from attendance registers) Are they learners who receive little or no educational support at home Is there anything common among the underperforming learners that require interventions at school level, e.g. policies regulating learner attendance, parental involvement, etc.?
Discuss with the affected grade teacher(s) the specific professional support that they have identified as their need and assist to get the assistance within the school or from the district.
Pool the resource needs identified by grade teachers and prioritise these in the school budget on short-, medium and long-term basis. Short-term could be six months or less, medium-term one year and long-term two years.
"How will the collected evidence be used to improve learner performance?
Discuss with all grade teachers what they propose as improvement targets based on the current baseline average scores.
Ensure that targets are meaningful. For instance, targets that that can be achieved easily without challenging the learning abilities of learners are not helpful.
In collaboration with grade teachers, identify individual learners who may have been provided with or may need more learning support (especially in the case of a learner with identified learning barriers).
"What are you going to do differently to achieve your targets?
Ensure that school remedial programmes address teacher development, learner support, subject support, material support or possible re-organisation.
Provide support to ensure school functionality.
Analyse performance of all the schools in his/her circuit. This will entail looking at the average score per school, per subject, per grade, together with the acceptable level of performance of each school, per subject, per grade.
Every school that has an average score of below 50%, and an acceptable level of performance, below 50%, in a particular subject and grade, must be regarded as under-performing.
Management competency of the principal.
Collective management competency of the SMT.
Vacant posts at the school, which includes SMT.
Qualifications and experience of the teachers, in the subjects where poor performance is noted.
Availability of LTSM at the school, in the identified subjects (e.g. Mathematics).
Are teachers spending the required time on the subject?
A visit by the circuit manager and the subject specialist.
During the school visit the school principal, SMT and the teacher must be interviewed to establish the specific reasons for the under-performance.
Collectively, an improvement plan must be established, targeting the specific areas of under performance and clear improvement strategies.
Together with the management and the teacher, a school target must be set for the school in the specified subject.
The circuit manager and the subject specialist must on a continuous basis support the school in terms of the implementation of the improvement plan and monitor the improvement.
Collect all annual reports from schools in his/her circuit.
Cluster schools and identify common areas of support.
Develop a circuit intervention plan based on plans submitted by the schools in the circuit with clearly defined targets.
Support schools in providing identified needs such as textbooks and resources.
Work in conjunction with the circuit manager to analyse the quantitative data per school and identify schools that demonstrate poor performance, in specific subjects.
Identify the reasons for poor performance at the identified schools, based on the evidence that he/ she has available regarding the school. This will include the factors listed in (a) (iii) above and more specifically the teaching competency of the teachers where under-performance is identified.
Together with the circuit manager visit the school and identify the reasons for the poor performance.
Knowledge and skills deficiency in particular aspects of the subject.
Planning a teaching programme and preparation for a lesson.
Development of an assessment programme.
Development of assessment tasks that are of appropriate standard.
Marking of assessment tasks.
Train the teachers in conducting item analysis at school level.
Development of remedial programme targeting specific areas of weakness.
Conduct a question analysis on a sample of scripts from across the schools in the circuit or from the item analysis reports of the schools, identify the common areas of weakness across the district/circuit.
Development of support material.
Monitor and support the under-performing schools and teachers and provide them with feedback with progress made, based on their agreed target.
Analyse the quantitative data per district, to identify poor performing districts and schools.
Support poor performing districts in developing their remedial programme.
Identify areas of weakness relating to particular learning areas and grades. The PED must develop special support programmes directed at these specific learning areas.
Agree on targets for each district and monitor these districts with regard to reaching these targets.
Must use the ANA results to inform the APIP.
Monitor the national progress on learner achievement in mathematics and languages against set targets.
Use the ANA results as a systemic tool for the development of policy, review and support.
Write annually, a national report that informs parents and relevant stakeholders on the results of learners.
Write and amend guidelines on the utilisation of results.
Construct a management plan for the interventions with based on the results.
releases them. It is suggested that ANA results be incorporated into the learners' quarterly report cards. The report card containing ANA results must be discussed and explained to parents.
A summary of the results with a school improvement plan needs to be tabled at the governing body meeting after the release of the ANA results within the spirit of Section 16A of the South African Schools Act. This must reflect how the school will effectively utilise available resources to improve on the shortcomings raised by the report. The SMT together with the SGB must drive this national initiative to ensure that all parents are aware of ANA, its importance and overall strategy to improve learner academic achievement.
Parents will receive reports on learner performance that indicates areas of difficulty in terms of concept and skill development, as well as what support their learners need.
As part of their legal obligation, school principals are supposed to complete and submit an Annual Academic Report to the Head of Department for consideration.
Report by principals is a legislated requirement in Section 16A of the South African Schools Act of 1996, as amended. The report is expected not to only contain the academic performance of that school in relation to minimum outcomes and standard and procedures for assessment determined by the Minister in terms of Section A, but must include the effective use of available resources.
The ANA results will form an important part of the school academic performance improvement plans (APIP).
Provinces, districts and schools will use their current respective results as baseline information and then set improvement targets. Targets need to be both realistic and meaningful. To be realistic targets need to take into consideration available resources and capacity. To be meaningful they must not be too low or too high.
External IQMS moderators will be visiting feeder schools to under-performing schools and districts from July 2011. The focus of their visits will not only be to monitor IQMS implementation, but the factors that impact on the quality of teaching and learning. They will also be visiting District offices to monitor their performance as well as the quality of support they are rendering to their schools.
This intervention will contribute, firstly in orientating the schools that they are visiting as well as the district offices, in understanding and interpreting the content of this guideline document. In addition, moderators will play a role in monitoring whether reports have been completed and submitted on time, and whether planned interventions are taking place. In this way, struggling schools can be identified and assistance provided. The monitoring reports will be able to assist the DBE to assess the level of utilisation of these ANA results, as well as the level of remedial action that is being undertaken by schools and districts.
The utilisation of the ANA results will be monitored on an ongoing basis across the education system.
Components of the system that fail to utilise the results appropriately will be identified and targeted for special support. The effective utilisation of the ANA data will contribute to moving the system to the next level and it calls for a united and concerted effort from all involved in education.
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(Anne and John) scored below the average score. It can be therefore inferred that more learners scored above the average score than below. If the total score of the test is 20 marks, the average percentage score is calculated as 10.4 Ã· 20 = 52%. This implies that the overall performance of the class is, mediocre.
Level 4, (70% and above) labelled as "Outstanding".
In terms of the above table, an acceptable level of performance is linked to a score of 50% and above, since a score of 50% and above is referred to as achieved. Learner performance in ANA is therefore reported in terms of the number of learners that obtained a score above 50% and above, which includes performance labelled as "achieved" (50 - 69%) and outstanding (70% and above). The number of learners achieving a performance above 50% can also be reported as a percentage. In Table 2 an example of acceptable performance levels for three Grades are indicated. For example in Grade 1, sixty seven percent of learners achieved a score of 50% and above and in Grade 3, 41.9 percent of learners achieved an acceptable performance level.
Grade 2 57.
Grade 3 41.
From Table 2, it can be inferred that the number of learners achieving an acceptable level is greater in Grade 1 than in Grades 2 and 3.
It can also be inferred that in Grade 3, 58.1% of learners did not achieve the acceptable performance level.
The national report focuses on learners that achieve a minimum score of 35% (i.e. achievement levels 2, 3 and 4).
The spread of performance can be summarised in terms of the proportions or percentages of learners who achieved specified levels of performance in each of Literacy and Numeracy. In Table 3 below, an example of the spread of performance is specified across the 4 levels of achievement and for Grades one to six. In Table 3 the percentage of learners at each Achievement level is indicated as a percentage. For example, in Grade 2, 25.5% of learners achieved a score at Level 1 while at Grade 4, 63.8% of learners achieved a score in the same category.
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The improvement of the quality and levels of educational outcomes in the schooling system is a top priority of both Government and the Department of Basic Education (DBE). The extent to which these outcomes are achieved will be monitored through the administration of the Annual National Assessment (ANA).
The ANAwritten in February 2011 involving almost six million learners in primary schools throughout South Africa represents one of the most significant proactive interventions by Government to strengthen the foundational skills of Literacy and Numeracy among South African learners.
This important intervention forms one of the key strategies that the Department has put into place to annually measure progress on learner achievement towards the 2014 target of 60% achievement rate articulated in the Action Plan to 2014: Towards the Realisation of Schooling 2025.
ANA is expected to have four key effects on schools: to expose teachers to better assessment practices, make it easier for districts to identify schools in most need of assistance, encourage schools to celebrate outstanding performance and empower parents with important information about their children's performance.
The ANA 2011 Report provides the first national baseline to benchmark annual targets and achievement towards realising the desired 60% threshold of learners mastering the minimum Literacy and Numeracy competencies by the end of Grade 3, 6 and 9 respectively.
The Report includes the results of learners in Grades 3 and 6 which were independently moderated by the Human Sciences Research Council (HSRC). From 2012 onwards, the results of Grade 9 learners will also be reported.
The release of the Report on ANA performance is also an opportunity to highlight: the positive impact of the Foundations for Learning Programme introduced in 2008 on learner achievement; the massive unprecedented intervention by Government in the development and distribution of quality learning and teaching support material through the Workbook programme; and other key deliverables already underway including the strengthening of the curriculum (CAPS) and improving infrastructural support (ASIDI).
It is critical that the ANA data be effectively utilised at all levels of the system to sustain Government's solid electoral mandate and the hopes and aspirations of all South Africans in the medium to long term and to demonstrate that measurable delivery is taking place in the basic education sector.
With the release of this Report I invite all education stakeholders and the broader South African public to view the ANA results with a sense of ownership and involvement characteristic of our Hands Up 4 Education Campaign to support the projects, programmes and efforts of the Department in our mission to deliver quality basic education.
2011 is likely to be considered a watershed year in the struggle to ensure that the poor in South Africa enjoy quality basic education. This year has seen the implementation of two significant national interventions: the introduction of standardised national workbooks for Grades 1 to 6 aimed at improving classroom practices and the first fully-fledged application of the Annual National Assessments (ANA) programme with a focus on learning in Grades 1 to 6. This report deals with the second of these two interventions. Specifically, the report describes the successes and challenges experienced in the implementation of the 2011 wave of ANA and provides key findings emerging from the data collected. Whilst this report provides important information that must inform the focus of current actions by the education departments, school principals, teachers, parents and other stakeholders, this report constitutes only a part of the overall 2011 ANA process, which includes additional reports and activities emerging from the data that have been collected and the experiences gained.
The 2011 wave of ANA is the outcome of many years of capacity building and learning in the area of standardised assessments. ANA is far more ambitious and is designed to have a much greater impact than its predecessor, the Systemic Evaluation programme, run in 2001, 2004 and 2007 and involving in each run just one grade and a sample of between 35 000 and 55 000 learners. In contrast, ANA 2011 involved the testing of all learners in public schools in Grades 2 to 7 during February 2011, the focus being on the levels of learner performance in the previous year, in other words in Grades 1 to 6. This means that almost six million learners were tested. In 2008 and 2009 trial runs of ANA were conducted, largely with a focus on exposing teachers to better assessment practices. However, 2011 is the first year in which ANA produced sufficiently standardised data in order to allow for the analysis provided in this report and the generation of tools that will enable provinces and districts to target the right support to schools at the Foundation and Intermediate Phases (Grades 1 to 6) in a more effective manner.
ANA 2011 moreover draws from experiences in a number of international assessment programmes in which South Africa has actively participated in during the last decade. These include the regional Southern and East Africa Consortium for Monitoring Education Quality (SACMEQ) programme and the global Progress in International Reading Literacy Study (PIRLS) and Trends in International Mathematics and Science Studies (TIMSS) programmes.
ANA 2011 involved both 'universal ANA' and 'verification ANA'. In universal ANA all learners in Grades 2 to 7 were tested in both languages and mathematics.
ANA. Specifically, in verification ANA external controls in the test administration process were more rigorous and test scripts from each school were re-marked after the initial marking by teachers.
The purpose of ANA is to make a decisive contribution towards better learning in schools. Under-performance in schools, especially schools serving the poorest communities, is a widely acknowledged problem. Clearly, ANA cannot bring about improvements on its own and should be seen as part of the wider range of interventions undertaken by Government to promote quality schooling. Part of the purpose of ANA is to provide the necessary information to planners, from the Minister all the way to teachers who need to plan their work in the classroom. At the national level, ANA is a vital instrument intended to measure progress towards the targets set by President Zuma in his 2009 State of the Nation address. These targets state that by 2014, 60% of learners in Grades 3, 6 and 9 should perform at an acceptable level in languages and mathematics. However, the information obtained from ANA is needed for many other purposes at the national level. For instance, it is needed to diagnose in which specific areas teachers need most support and how the learning materials used by learners need to be improved.
International and local experiences point to the importance of ensuring that programmes such as ANA are viewed not only as measurement activities, but also as programmes that encourage action that will lead to better practices.
ANA should encourage teachers to assess learners using appropriate standards and methods. This has been a focus of ANA since the trial runs of 2008 and 2009. Evidence indicates that ANA has indeed brought about better assessment practices in the classroom, partly by encouraging district offices and provincial departments to review their own initiatives aimed at supporting teachers in this area.
ANA should encourage better targeting of support to schools. District offices, which have been integrally involved in the 2008 and 2009 trial runs, have used ANA results to produce a better picture of what support to provide to which schools.
to assist districts and provinces in a more direct way in this area. Specifically, the 2011 data will be used to produce standard reports for districts that will encourage a more effective approach to the targeting of schools for support purposes.
ANA should encourage the celebration of success in schools. By providing schools with a clearer picture of how well they perform in comparison to schools facing similar socio-economic challenges, schools that perform well will know when this is the case and schools which do not will have a clearer idea of what is possible and who they could learn from. Government does not support the use of ANA for the purposes of 'naming and shaming' those who do not perform well. At the same time, good performance should be recognised and lauded.
ANA should encourage greater parent involvement in improving the learning process. During 2011 some schools have used ANA as an opportunity to get parents more involved in academic improvement.
Specifically, ANA can provide parents on the School Governing Body, as well as parents in general, with a better picture of the grades and subjects where special attention is needed. This can assist both efforts in the school and efforts in the home aimed at ensuring that learning occurs as it should.
The data analysis provided in this report is based on the data collected from the approximately 1 800 schools forming part of verification ANA.
Above all, the quality of basic education is still well below what it should be. The percentage of learners reaching at least a 'partially achieved' level of performance varies from 30% to 47%, depending on the grade and subject considered. The percentage of learners reaching the 'achieved' level of performance varies from 12% to 31%. Even the best provincial figure in this regard, 46% for Grade 3 literacy in Western Cape, is well below what can be considered acceptable. These figures reflect the magnitude of the challenge still facing the sector. However, they also reflect the high standards that we have set for ourselves. The figures are not very different from those of other countries with similar assessment systems and similar aspirations.
Contrary to the expectations of many, the standards that teachers set when they mark are on average the correct ones, meaning that provincial and national results based on marks given by teachers do not differ greatly from results based on external marking. However, there is a significant minority of teachers who give marks that are either too high or too low. This emphasises the need to strengthen support to teachers in the use of appropriate standards in assessing learners.
The analysis confirms that the greatest need for support lies in quintiles 1 and 2, quintiles which cover largely rural and the poorest communities. On the positive side, in all provinces there are schools within these quintiles which can be considered to be showing promise and which can provide guidance both to other schools and to district officials in understanding what practices contribute to better teaching and learning.
The results provided in this report do not point towards the presence of the critical upward turn needed to attain the 60% targets referred to above. There are however some indications that efforts that have gone into supporting schools are succeeding. For instance, recent provincial efforts in Eastern Cape and KwaZulu-Natal to strengthen teacher capacity to assess learners are likely to explain some of the apparent improvements in these provinces. However, as explained in the report, it would be dangerous to read too much into the differences between the 2011 ANA results and results from earlier assessments, or even the differences between provinces in 2011 ANA. Importantly, this report focuses on aggregate trends only and does not include an analysis of trends at the level of individual test items, or test questions. The DBE is currently conducting this latter analysis and the results from this will provide an indication of whether upward or downward trends over time can be observed with respect to specific skills, such as multiplication or fractions in the case of mathematics.
Though the challenges for the schooling system remain great, the 2011 wave of ANA provides a basis for optimism. Both the process of 2011 ANA and the information obtained from this process represent a basis for improvement that did not exist previously. Schools and the education departments have gained important experiences in better assessment and, through this, a better focus on what must improve. The unprecedented step of providing all Grades 1 to 6 learners with national workbooks in 2011 has, according to preliminary reports, shifted classroom practices in the right direction. The 2012 wave of ANA, to be conducted early in the 2012 school year, will serve as a critical instrument with which to monitor the degree to which national workbooks and other interventions, such as the streamlining of the national curriculum, have had an impact on learning. The 2011 wave of ANA has provided a wealth of experience in how to conduct a programme of this nature in a way that contributes to quality education. Lessons learnt in 2011, which are discussed in this report, will inform the implementation of the 2012 wave of ANA.
This report describes the 2011 Annual National Assessments (ANA) process and discusses the pointers provided by this programme that should guide the actions of those involved in improving learning and teaching in the Foundation and Intermediate Phases (Grades 1 to 6) of South Africa's schools. The analysis in the report should be regarded as initial analysis aimed at identifying broad patterns. Beyond this report, more detailed and specialised reports will emerge from the 2011 wave of ANA focussing on, for instance, learner performance patterns within individual districts and trends with respect to specific competencies described in the curriculum.
Section 2 of the report briefly discusses the nature of the educational quality challenge in our schools as well as the recent history of national assessments in South Africa. Section 3 describes the purpose of ANA and specifically how ANA is expected to result in improvements in the quality of teaching and learning. Section 4 outlines the planning and implementation steps of the 2011 wave of ANA, including problems encountered and how these should inform future waves of the programme. Steps beyond this report that form part of the 2011 wave of ANA are also described. Section 5 sums up the key limitations of the data analysed for this report. Section 6 provides the results of the analysis of the 2011 ANA data. Section 7 sums up what the lessons emerging from ANA 2011 are and how ANA can be improved in coming years. Section 8 provides a conclusion.
The Foundation Phase (Grades 1 to 3) subjects assessed in ANA are literacy and numeracy. In the Intermediate Phase (Grades 4 to 6) the subjects are languages and mathematics. For the sake of brevity, in this report the term 'languages' may refer to both literacy and languages. Similarly, 'mathematics' may refer to both numeracy and mathematics.
Of Government's twelve development priorities announced in 2010, the first priority is improving the quality of basic education.
It is widely recognised that the country's schooling system performs well below its potential and that improving basic education outcomes is a prerequisite for the country's long-range development goals. Hence the 2008 election manifesto refers to the need for a major renewal of South Africa's schools. In the 2010 State of the Nation Address, the President referred to the vital role of the education system in improving productivity and competitiveness in the economy. The President also underlined that 'our education targets are simple but critical'. The need is fairly straightforward as far as the basic education sector is concerned. Our children and youths need to be better prepared by their schools to read, write, think critically and solve numerical problems. These skills are the foundations on which further studies, job satisfaction, productivity and meaningful citizenship are based.
1 This is from the complete version of the Outcome 1 Delivery Agreement, available on the DBE website.
The first three of 27 goals in Action Plan to 2014: Towards the realisation of Schooling 2025, published by the Department of Basic Education (DBE) in 20102, refer to the need to improve learner performance in languages and mathematics at the Grades 3, 6 and 9 levels, in other words at the final grades of three curriculum phases.
Whilst quality education is far more than just adequate competencies in languages and mathematics, it is common knowledge that without competencies in these two subjects, quality education in a broad sense is unachievable. The 'gateway' nature of these subjects lies behind the strong focus on the two subjects not just in South Africa, but around the world. In his 2009 State of the Nation address, President Zuma set the target that by 2014, 60% of learners in Grades 3, 6 and 9 should perform at an acceptable level in languages and mathematics.
There is a strong tradition in South Africa of focussing on the Grade 12 examination results and improvements in these results. During the last decade Government and society generally have moreover placed a growing emphasis on monitoring learner performance at the lower grades, in particular within the Foundation and Intermediate Phases. The Systemic Evaluation programme involved sampling between 35 000 and 55 000 learners in 2001 (Grade 3), 2004 (Grade 6) and again in 2007 (Grade 3). In each wave of the Systemic Evaluation, learners wrote languages and mathematics tests, which were externally marked. Moreover, school principals, teachers, learners and parents filled in background questionnaires which provided important information that would contribute towards understanding the factors affecting performance. The Systemic Evaluation programme followed internationally established principles for these kinds of programmes. The results could therefore be considered highly representative of the performance of learners across all public schools in the grades concerned. The Systemic Evaluation played an important role in clarifying where the areas of weakness were and the data collected have been used to inform a variety of policy changes, including recent changes to the curriculum. At the same time, the Systemic Evaluation tended to be regarded as a 'backroom' exercise which was not well understood by schools. There was a need for a more comprehensive national learner assessment programme in the early grades that would have a more direct impact on practices in schools.
In 2008, Government introduced the Foundations for Learning Campaign3, which focussed on the Foundation and Intermediate Phases and included clearer specifications of the materials learners should have access to and the time needed for different learning activities in a week. The campaign involved a number of teacher training and materials distribution initiatives and trial runs in 2008 and 2009 of a new national assessment system known as Annual National Assessments. This new system was to cover all schools and would allow teachers themselves to be involved in the marking of tests in order to facilitate teacher training and the exposure of teachers to better assessment and marking practices. In 2008 and 2009 tests were distributed across the country and most schools participated in the programme. The decision was taken to conduct a major wave of ANA at the beginning of the 2011 school year where participation by public schools would be compulsory and a sample of schools would be subject to more rigorous controls in the test administration and marking stages in order to assess the validity of results obtained from the school system as a whole. An important aspect of the 2011 wave of ANA was that data from the testing should be collected into a national database, which would be used to inform planning and to produce reports that provinces and districts could use to target schools for different kinds of support.
Government Notice 752 of 2010.
Government Notice 306 of 2008.
South Africa's active participation in a number of international testing programmes over the last decade has provided important experiences that have informed the design of the Systemic Evaluation and ANAprogrammes.
Southern and East Africa Consortium for Monitoring Education Quality (SACMEQ) in 2001 and 2007, with a focus on languages and mathematics in Grade 6. The next wave of SACMEQ is currently being planned, though a year has not been set.
Trends in International Mathematics and Science Studies (TIMSS) in 2003, with a focus on mathematics and science in Grade 8. Testing for the 2011 wave of TIMSS is occurring in South Africa in the current year.
Progress in International Reading Literacy Study (PIRLS) in 2006, with a focus on literacy in Grade 5. Testing for the 2011 wave of PIRLS is occurring in South Africa in the current year.
Results from international assessment programmes have played an important role in confirming the trends emerging from national assessments, in particular the Systemic Evaluation programme.
The main purpose of the Annual National Assessments (ANA) programme is to make a decisive contribution towards better learning in schools.
ANA should encourage teachers to assess learners using appropriate standards and methods. This has been a focus of ANA since the trial runs of 2008 and 2009. Evidence indicates that ANA has indeed brought about better assessment practices in the classroom, by exposing teachers to well constructed tests and marking memoranda but also by encouraging district offices and provincial departments to review their own initiatives aimed at supporting teachers in this area. For instance, in Eastern Cape newly developed 'common tests' in languages and mathematics for Grades 3, 6 and 9 were conducted across the province in the middle and the end of the 2010 school year. Having ANA at the start of the school year provides teachers with an additional indication of where their own learners will require extra support during the course of the year.
ANA should encourage better targeting of support to schools. District offices, which have been integrally involved in the 2008 and 2009 trial runs, have used ANA results to produce a better picture of what support to provide to which schools. Before ANA, in most provinces there was no reliable way of knowing which schools performed better than others because assessments were not sufficiently standardised across schools. ANA will help to ensure that schools receive the support they should receive and that schools are not obliged to participate in development activities which they have no need for. Moreover, ANA makes it easier for districts to identify which schools perform well and therefore which schools the district as a whole can learn from. The 2011 ANA data allow the Department of Basic Education (DBE) to assist districts and provinces in a more direct way in this area. Specifically, the 2011 data will be used to produce standard reports for districts that will encourage a more effective approach to the targeting of schools for support purposes.
ANA should encourage the celebration of success in schools. By providing schools with a clearer picture of how well they perform in comparison to schools facing similar socio-economic challenges, schools that perform well will know when this is the case and schools which do not will have a clearer idea of what is possible and who they could learn from. Government does not support the use of ANA for the purposes of 'naming and shaming' those who do not perform well. At the same time, good performance should be recognised and lauded. ANA should become a key indicator in the school development plan and in fact in some districts ANA targets for future years are being negotiated between support personnel from district offices and schools.
The collection of data from the ANA process, including marks, into a national database is an important aspect of ANA. This allows the Department of Basic Education (DBE) to analyse important patterns, for instance, how frequently schools perform poorly in both languages and mathematics, as opposed to just one of these subjects, or how often learners within the same school provide the same incorrect responses to the same question, something which could point towards problems in the way teachers teach. National reports on these matters need to guide those working on teacher development, those developing workbooks and textbooks and those involved in providing management support to schools. Moreover, the national database allows for the generation of standard reports for provinces and districts which can inform the targeting of support to schools.
This section describes the planning and implementation steps of the 2011 wave of ANA, including steps that will be taken following this report.
and at the same time to apply more rigorous controls to a sample of schools as part of 'verification ANA'. The timing of the testing was subsequently shifted to early 2011, largely to ensure that district officials would have sufficient time available for the management and monitoring of ANA (at the end of the school year, district officials are deeply involved in the Grade 12 examinations processes). This meant that Grades 2 to 7 learners would be tested with respect to what they should have learnt by the end of the previous year. Thus a learner in Grade 7 would be tested on what he or she should have learnt by the end of Grade 6. The tests were thus applicable to what had to be learnt in Grades 1 to 6. Each learner would sit for two tests, one in languages and the other in mathematics. The literacy tests covering the three Foundation Phase grades tested competencies in the language taught as the home language in the school, meaning different versions of the test in all eleven official languages were developed. The languages tests covering Grades 4 to 6 were in English and Afrikaans only.
4 to 6 mathematics tests were available only in English or Afrikaans.
Verification ANA would focus on verifying universal ANA results at the Grades 3 and 6 levels (verification ANA also focussed on Grade 9, as explained in section 4.11 below). Verification ANA introduced exceptional controls with respect to two aspects of ANA, namely the administration of tests and the marking of tests.
It was decided to treat learners repeating their current grade at the start of 2011 no differently to learners who were not repeating. This decision was taken largely to avoid making repeaters feel marginalised. This meant that, for instance, a learner in Grade 4 at the start of 2011 who was repeating Grade 4, would write the tests focussing on competencies that should have been acquired by the end of Grade 3.
For verification ANA, 900 schools offering Grade 3 were selected and a further 900 schools offering Grade 6 were selected. Each set of 900 schools was divided equally across the nine provinces, meaning there were 100 schools per province and per grade.
ANA to produce provincial average scores that were from a statistical point of view, equally reliable. A two stage sampling design was employed. The first stage entailed sampling schools using province, district and quintile as stratification variables. The second stage involved the sampling of 25 test scripts per school and per subject on the basis of random selection rules determined by the Department of Basic Education (DBE). The test scripts analysed for verification ANA were those submitted by learners enrolled in Grade 4 (most of whom had been in Grade 3 in 2010) and learners enrolled in Grade 7 (most of whom had been in Grade 6 in 2010).
In line with standard practices, before tests were developed, assessment frameworks outlining such details as the outcomes and assessment standards to be tested was drawn up. Moreover blueprints for each test specifying, for instance, how many test items (or questions) to have at varying levels of difficulty, were produced.
The basis for this work was the National Curriculum Statement (NCS), as well as the achievement milestones that had been established as part of the Foundations for Learning Campaign.
In both the languages and mathematics tests a design was chosen whereby 20% of items could be considered easy, 60% moderate and 20% difficult. This was to enable a moderately performing learner to succeed without denying outstanding learners the opportunity to demonstrate their performance. Questions included in the languages tests were spread across the three cognitive areas: knowledge of basic language concepts, comprehension and application of language concepts.
In mathematics cognitive areas covered were knowledge of basic mathematical concepts (20% of items), application of concepts (60%) and non-routine problem solving (20%).
To obtain a detailed insight into the kinds and levels of competency displayed by learners, the DBE analysed a random sample of marked scripts from the 2009 trial run of ANA from almost 1 000 schools spread across all provinces. This analysis informed the design of the assessment framework, blueprints and actual tests used in 2011 ANA.
Draft tests in English were first developed. This work was undertaken by departmental officials from the national and provincial levels and external experts. Thereafter piloting of the draft tests occurred in order to establish whether the test items made sense to learners, whether the assumptions around the difficulty levels of items were correct and whether each test as a whole was appropriate as a measure of the intended outcomes. In the piloting, two versions of each test per grade and subject were used in order to create sufficient opportunities to discard items. Piloting occurred in eight schools. Apart from testing learners, teachers from the schools were interviewed to obtain their views on the relevance of the items in the light of their experiences and teaching practices. The test responses of learners were captured and analysed, partly through the calculation of difficulty indices (reflecting the proportion of learners who responded correctly) and discrimination indices (reflecting the ability of test items to discriminate between learners whose overall performance was better and learners whose overall performance was worse).
Final tests in English were produced using items that appeared appropriate and in line with the relevant blueprints. This process included a final round of verification to ensure that tests met a number of key criteria.
Experts at the national and provincial levels checked to see, amongst other things, that instructions were clear and simple to read, that there was no bias towards any religion, culture or gender, and that the assessment framework had been properly followed.
3 tests) and into Afrikaans (in the case of the Grades 4 to 6 tests). Versioning is different from translating in the sense that versioning takes into account a wider range of socio-linguistic factors and thus enhances the comparability of the tests across different languages. Finally, all tests were proofread and suitable layouts developed.
At the Foundation Phase, a total of 66 tests were developed in literacy and numeracy. At the Intermediate Phase, a total of 12 tests were developed in languages and mathematics. Thus altogether a total of 78 tests were developed for Grades 1 to 6.
Tests were adapted for blind, short-sighted and deaf learners, for instance through translation to Braille and the use of larger font sizes.
Schools were informed about ANA and every effort was made to ensure that schools were ready. The DBE in collaboration with the HSRC trained provincial ANA coordinators who then cascaded the same training to district officials and principals responsible for administering ANA. DBE officials monitored the training in a sample of districts. The training included how the ANA process should be managed, from the distribution of tests to schools, up to the reporting of ANA results to parents. School principals were informed about minimum requirements in terms of facilities such as desks and chairs. Since learners in different grades wrote the test on different days, it was possible to rotate the use of classrooms in such a way that the minimum requirements would be met.
The DBE appointed service providers to print, package and distribute copies of all the required tests to district offices. The target population was 5 841 562 learners from 19 619 schools. Data collected previously through the Annual Survey of Schools were used to ensure that packages for schools included tests in the correct languages and the correct numbers. School principals collected their packages of tests and marking memoranda from their district office on each test day, if possible, or less frequently if the distance between the district office and the school was great.
A total of 2 076 learners from 20 special schools were provided with adapted tests.
A comprehensive set of instructions had been sent to every school specifying how test administration should proceed. These instructions indicated that testing should occur on the four days 8 to 11 February 2011. However, due to various logistical problems such as tests not being available on time, this period had to be extended in parts of the country to 4 March 2011. Invigilation of tests had to be undertaken by teachers who were not the teachers of the tested learners in either 2010 or 2011. In most schools, the school principal was ultimately responsible for ensuring that test administration proceeded as it should. In this sense, the arrangement was similar to the arrangement applicable to the Grade 12 examinations. However, in the case of verification ANA schools, district officials who had been trained by the HSRC were present in the school on the test days and were ultimately responsible for assuring the rigour of the process. Items in the test venue such as wallcharts that could assist learners in responding to test questions had to be removed beforehand.
A variety of monitoring of the test administration process by people external to the school occurred. This varied from district to district, depending on the availability of staff and transport in the district office and the perceived need for external moderation. Schools comprising the verification ANA set of schools were subject to more stringent external monitoring during the test administration phase. In general, the reports from those involved in external monitoring were satisfied with the procedures followed within schools.
In all test booklets, the grade, language and subject were clearly indicated on the front cover. Learners responded to questions by writing in the printed test booklet. At the start of each test was at least one practice question, not counted for the final result, that invigilators guided learners through in order to ensure that learners understood the methodology of the test. Invigilators could respond to learners' questions about the methodology before the start of the test itself. For the Grades 4 to 6 tests, however, invigilators had to use only English or Afrikaans, given that these were the languages used in the tests. For the Grades 1 and 2 tests (written by Grades 2 and 3 learners), invigilators had to guide learners through the test by reading each question out aloud before allowing the learner to write down a response. This approach was considered suitable for these grades given the low level of exposure of learners to tests of this nature. However, for the Grades 3 to 6 tests, learners had to understand the questions in the test by reading the questions themselves, without any assistance from the invigilator.
One of the advantages of having the ANA at the start and not the end of the year was that learners were more relaxed about the tests than they might have been at the end of the year, when the school conducts summative assessments which determine whether learners can be promoted to the following grade.
Marking was done by the teacher teaching the subject to the learner in the current year. For instance, the Grade 6 mathematics tests, written by Grade 7 learners, would be marked by the teacher teaching the Grade 7 learners mathematics in 2011. Marking occurred in accordance with national marking memoranda that had been distributed to all schools. School principals, in conjunction with the other members of the School Management Team (SMT), were responsible for quality assuring the marking process through moderation procedures explained in a standard moderation guide provided to all schools.
The approach followed in the national marking memoranda were those that teachers would be have been exposed to previously in the ANA trial runs of 2008 and 2009 and in various in-service training programmes. The memoranda gave possible options for open-ended questions in the languages tests. Similarly, the memoranda for the mathematics tests provided alternative correct methods or techniques of answering openended questions. Moreover, in mathematics mark allocations were included for every step of the more complex questions. Teachers were requested to discuss the memoranda with their colleagues before commencement of marking at the school.
In some provinces, districts officials organised meetings with teachers to further standardise the marking of learner responses and collected samples of scripts from schools in order to conduct a district-level verification of the standard of marking separately from the national verification ANA process.
A short report, following a nationally determined format, had to be produced by schools for all parents and guardians of learners who participated in ANA 2011. This report included the marks obtained by the learner in the two tests he or she took, as well as the school average.
An ambitious feature of the 2011 wave of ANA was the collection of every learner's subject mark into a national database in order to facilitate analysis of the results and the production of standard management tools for provinces and districts. After the marking process was complete, schools had three options through which to submit results by learner to the Department. One was to fill in a standard paper-based mark schedule.
The second was to enter the marks onto a standard Excel spreadsheet. The third was to capture the data onto the SA-SAMS system, where schools had this system installed on a computer. The State Information Technology Agency (SITA), which maintains the system used to capture Grade 12 examination results, created a new facility for the storage of ANA results. Provincial departments entered data into the SITA system either through the transfer of data files obtained from schools (where schools were able to perform the data capturing themselves) or by means of manual capturing off the paper mark schedules.
A variety of quality control measures were implemented. Districts and provinces followed up cases of missing or clearly incorrect information. In the case of several provinces which encountered problems or had insufficient capacity, the DBE became directly involved in the data capturing process.
District offices were requested to collect test scripts from the just under 1 800 schools identified as part of that component of verification ANA focussing on Grades 3 and 6. In the case of each school, 25 test scripts per grade and per subject were randomly selected using a method specified by the DBE. Scripts were collected after marking by teachers in the school had occurred and schools had recorded the results. The overall return rate was 93%, meaning scripts were received from 93% of the schools in the sample. Whilst this is a feature that must improve in future years, the return rate for most provinces can be considered sufficiently high to avoid any substantial distortion of the provincial statistics. The possible exception is Eastern Cape, where the return rate was relatively low, at 84%.
Scripts from the sample of schools were sent to the HSRC, which oversaw the re-marking of all scripts in a highly controlled environment. Teachers from schools considered as being good at the assessment of learners were selected to perform the re-marking. Close attention went towards ensuring that sufficient numbers of teachers with competencies in each of the official languages were recruited, given the use of all the official languages in the tests. The training of markers and the actual marking process occurred at a central venue.
The training of teachers included practice marking sessions to ensure that the marking would be sufficiently standardised and accurate. During the re-marking process, there was ongoing moderation of marks allocated by the recruited teachers.
The marks originally assigned to tests by teachers in their schools, as well the new marks allocated by teachers recruited and training by the HSRC were captured into a database established by the HSRC and which was completely separate from the SITA database. The HSRC data capturing process included the capturing of the new marks allocated to every question in each test. This will allow for important analysis of the competencies displayed by learners with respect to specific areas in the curriculum.
In preparation for the inclusion of Grade 9 in universal ANA in 2012, the piloting of Grade 9 tests in a sample of schools was undertaken by the DBE and the HSRC. Twelve tests were developed for the Grade 9 level in languages and mathematics (eleven languages tests corresponding to the eleven official languages as well as two mathematics tests, one in English and one in Afrikaans). The test design steps followed were similar to those of the Grades 1 to 6 tests.
The HSRC sampled 450 schools offering Grades 9 and 10 to pilot the Grade 9 tests.
6 participating in verification ANA.
ANA 2011 has been an ambitious exercise which has exposed teachers and the nation to more standardised and rigorous assessments. It has also produced data that greatly enhance the ability of the national department, the provincial departments and districts to plan effectively. At the same time, it is important to realise that there are limitations regarding what ANA can do and what the data can tell us. Some of these limitations are inherent in this kind of programme and are likely to remain in the coming years. Other limitations should be resolved in coming years as ANA is strengthened.
Four main limitations can be identified.
Firstly, though the ANA 2011 tests were put through a standard piloting exercise and editing by experts, these tests are not perfect. Certain problems only arise after the entire assessment exercise has run its course. Though comparability with previous assessments, in particular the 2004 and 2007 Systemic Evaluation runs (which covered Grades 6 and 3 respectively) was aimed for, the comparability is not perfect with respect to the tests as a whole. However, at the level of individual test questions more accurate comparison is possible. This level of comparison is still under way and is not presented in the current report but will be made available in future. Apart from comparability problems, problems with the formulation and translation of certain questions have been noted and underline the importance of strengthening the test design processes in future years.
Secondly, it was decided to place most of the responsibility for the correct administration of the ANA tests in the hands of school principals. This is the procedure followed in schools participating in the Grade 12 examinations. Clearly, these responsibilities are new for most school principals working in schools offering Grades 1 to 6.
It proved difficult to apply exactly the same test administration procedures across all schools in ANA 2011, in particular in Grades 1 and 2, where teachers were asked to read questions to learners in order to facilitate the assessment process. This points to a need for better training of school principals in future, instructions that are in certain respects clearer and stronger external controls, in particular as far as verification ANA schools are concerned, and schools with a pattern of irregular marks in ANA 2011.
Thirdly, whilst allowing teachers themselves to mark the ANA tests was advantageous, both in terms of teacher development and insofar as on average teachers marked mostly at the appropriate level, there were problems here too (the analysis that follows provides details). A substantial minority of teachers have problems assessing correctly, though under-valuation and over-valuation of learner responses tend to cancel each other out. This means that although at a high level, for instance nationally, average results emerging from teacher-marked scripts can be considered accurate, this becomes less so the lower down the level. There is thus the possibility that individual school average results will be well above or below what they should be, due to poor marking practices by teachers.
Fourthly, verification ANA is based on a sample of schools. Sampling is widely used across the world in order to gauge the level of performance in schools. Samples have the advantage that more rigorous quality assurance becomes possible than would be possible if all schools were considered. However, results emerging from samples must always be interpreted keeping in mind that each statistic has a 'confidence interval', or a margin of error. The sizes of these confidence intervals in the case of verification ANA are explained below.
The analysis in this section mostly used data from verification ANA of 2011.
3 learners and 19 397 Grade 6 learners in 827 and 840 schools respectively. Grade 3 and Grade 6 data were mostly collected from different schools. Only in the case of 21 schools, mostly in Limpopo Province, were both Grade 3 and Grade 6 data collected.
The aim was to have an equal number of schools per province in order to provide similar levels of statistical reliability across all provinces. Rates of return below 100% (as explained above) meant that the total number of schools per province with data available for the analysis varied from 164 in the case of Eastern Cape to 193 in the case of Western Cape.
Schools were randomly selected in each province, with small schools with fewer than 25 learners in a grade excluded. This approach of excluding small schools is taken to improve the size of the sample and is an approach followed in, for instance, SACMEQ4. The sample was stratified by quintile, meaning that the spread of schools across quintiles in the sample and in the entire province was designed to be the same.
4 Southern and Eastern Africa Consortium for Monitoring Educational Quality.
In the analysis that follows, no weighting of the data within a province occurred. However, in the calculation of national statistics the total level of enrolment in Grades 3 and 6 per province during 2010 was used to ensure that larger provinces were weighted more. Unless otherwise stated, the marks analysed were those obtained from the verification ANA re-marking process.
Phase and the Intermediate Phase in schools across the country. Importantly, what is presented here should be seen as the start of a series of processes and reports in which ANA 2011, the most ambitious assessment initiative of its kind ever to be undertaken in South Africa, gets to inform people, from planners to teachers to parents, about the best ways of tackling under-performance in schools. The findings from ANA 2011 will moreover guide future improvements to the design and implementation of ANA to ensure that this programme becomes a world class assessment system.
The analysis provided below provides important pointers for improvements and confirms that many of the support initiatives currently being run by government are focussing on the right things.
Test scores converted to percentages are used in the analysis. The following table indicates what the maximum possible mark per test was before conversion to percentages.
Grade 6 mathematics 75 6.
If one examines how well provinces performed relative to each other in 2011 ANA and compares this to the provincial averages derived from earlier assessments in the 2004 to 2007 period, there is considerable consistency, in particular as far as the relative positions of Free State, Gauteng, Northern Cape and Western Cape are concerned. Eastern Cape's Grade 3 performance according to ANA 2011 is considerably higher than one would expect, given this province's performance in earlier assaessments. To some extent, the same can be said of KwaZulu-Natal. The results suggest that whilst ANA provides relatively accurate provincial pictures of learner performance with respect to at least half of the tests, there is room for more standardisation in the way ANA is implemented.
As has been indicated above in this report, verification ANA in 2011 focussed extensively on verifying the degree of accuracy in the marking practices of teachers. In the test administration phase within the school, verification ANA schools were monitored more closely than other schools. However, responsibility for a proper test administration process still rested with the school principal. In this respect, the approach was the same as that followed in the Grade 12 examinations. As indicated previously, district offices were responsible for randomly selecting the 25 test scripts per grade and subject required for verification ANA. The approach followed in the Systemic Evaluation of allowing people who were completely external to the school randomly select learners within the school, administer the tests and leave the school with the test scripts without letting teachers participate in any way was not followed in verification ANA.
schools engaged fully with the ANA programme. Whilst this approach had obvious advantages, it also reduced certain controls relative to those of the Systemic Evaluation. The patterns in the results presented below need to be interpreted in this context. Clearly a key consideration in future waves of ANA will be how best to balance the need for teacher participation with the need for standardisation within verification ANA schools.
The next table provides the average percentage scores per subject, grade and province emerging after the verification ANA re-marking process. Because the averages in the table are derived from a sample, each comes with a margin of error. We can be 95% certain that the margin of error is around 6 percentage points at the provincial level and around 2 percentage points at the national level. This means that the Free State mean of 37 in Grade 3 literacy, for instance, has a margin of error of around 34 to 40. We can thus not be certain that the Free State value for Grade 3 literacy is better than the Gauteng value as the values are too close to each other and the margins of error overlap. However, we can be certain that the Free State value is higher than the North West value, as here the gap is large and the margins of error would not overlap.
In the following graph, the ANA values from the previous table are converted to values that would allow comparison to results from previous assessments. Basically values are converted in such a way that the average across provinces becomes zero and the standard deviation 1,0. In some ways, performance by provinces has been consistent across different tests. For example, Western Cape has consistently performed better than other provinces, regardless of grade or subject. Gauteng, more than any other province, has taken the second position. Limpopo has, before ANA, performed at a considerably lower level than any other province. The high average scores in Grade 3 in the case of Eastern Cape in ANA suggest that different standards were applicable in these tests and in this province. It is unlikely that Eastern Cape would have seen such a marked improvement in Grade 3 (but not Grade 6). The graph suggests that the same provisos may apply to the KwaZulu-Natal Grade 3 ANA results. At the same time, the possibility cannot be discarded that the recent introduction of new provincial systems of standardised tests in Eastern Cape and KwaZulu-Natal lie behind some of the improvement seen in the graph.
The above graph highlights the point that comparisons across tests must be done with much caution, even as far as comparisons across the same grade and subject are concerned. Sample-based values come with margins of error, the comparability of the tests themselves is not always perfect and test administration procedures may differ slightly from test to test.
The next graph illustrates the minimum and maximum values from the previous graph, for the pre-ANA tests and the ANA tests. The left-hand vertical bar for each province represents pre-ANA performance whilst the right-hand bar represents performance in ANA. The very large difference in the performance of Eastern Cape in the pre-ANA tests and the ANA tests is clear. For at least four provinces, Free State, Gauteng, Northern Cape and Western Cape, performance in ANA 2011 can be considered more or less consistent with performance in previous tests.
The distribution of ANA scores by province, grade and subject emphasise the great challenge that the country faces in breaking the legacy of illiteracy and innumeracy in the first six grades of school. In most provinces and most tests, the most common percentage score achieved by learners (the 'mode') is below 20%. It is vital that current interventions aimed at accelerating improvements, such as the provision of standardised workbooks to all learners in Grades 1 to 6, should focus strongly on what learners actually learn.
The distribution of scores in the Grade 3 tests in Eastern Cape appear to confirm that national standards with respect to assessment practices need to be reinforced in this province.
The next four graphs illustrate the distribution of ANA percentage scores by province. The peak, or mode, for each curve, which are known as a kernel density curve, indicates the most common score for the test and province in question. The values at the bottom of each graph refer to the original score converted to a percentage, after the re-marking process. What stands out is that the mode is mostly below 20. The average scores seen previously, which are mostly above 20, hide the fact that scores below 20 are very common.
ANA process in this province.
One of the more positive things to emerge from ANA 2011 is the finding that on average teachers are able to mark at the required standard and use the ANA marking memoranda correctly. This is especially true in the case of numeracy and mathematics. It is with the Grade 3 literacy tests that teachers had the greatest difficulty in marking accurately. Here teachers tended to mark at 5 percentage points below the correct level.
6 mathematics, it is those teachers who teach the worst performing learners who have the greatest difficulty in marking accurately. When these teachers mark incorrectly, it tends to be because they do not give learners credit when they should. This suggests that part of the problem in schools where learners struggle to learn is that teachers apply marking memoranda too rigidly, especially in the case of language scripts, and are not able to identify alternative but appropriate responses provided by learners. This has important implications for the emphasis within the professional development programmes.
A key aim of verification ANA was to examine the degree to which teachers marked accurately. The graphs that follow provide percentile plot curves for the mark out of 100 obtained by teachers themselves and obtained through the re-marking process. It is only in the case of Grade 3 literacy that the two sets of marks produced substantially different curves. In other words, in the remaining three tests the marks teachers obtained and the marks obtained through re-marking did not change the overall picture substantially and the accuracy of the marking of teachers is not as problematic as some had foreseen before ANA.
71%. If we use the marks after re-marking, the figure becomes 69%. On average, teachers gave slightly lower marks than they should have in this test.
A more detailed examination of the gap between the teacher's mark and the mark after the re-marking process reveals that though overall the teacher's mark provides a relatively accurate picture of learner performance, there is a substantial minority of teachers who require support in marking accurately. The next table indicates that the median gap between the teacher's mark and the mark after re-marking was 5 percentage points in the case of literacy. In other words, in the middle of the range the tendency was for teachers to mark in such a way that, for instance, a learner would be given 30% for the test instead of the 35% that he or she should get. At the two extremes of the range, the gap was much larger, however. For instance, for 5% of learners the gap was 21 or more than 21 percentage points, in other words a situation where the teacher was under-valuing the learner's responses to at least this degree. In Grade 3 numeracy, although the median teacher in every province was marking exactly as he or she should, the errors committed by some teachers were substantial. Specifically, 5% of learners were obtaining at least 10 percentage points less than they should and 5% of learners were obtaining at least 8 percentage points more than they should.
Note: In this table and the next one, 'Lowest' is the 5th percentile whilst 'Highest' is the 95th percentile.
The following table confirms that the small difference between the overall pattern of results if one uses the teacher's mark and if one uses the mark after re-marking is partly due to the fact that positive and negative errors cancel each other out. There is clearly a need for teachers in both the Foundation and Intermediate Phases to improve their marking skills, partly to ensure that learners are given positive feedback when this is due and are not discouraged in the learning process.
What is clear in the following table is that the Grade 3 literacy marking problems are greater when it comes to better performing learners. On average, learners whose mark, according to the teacher, is 50% or above, should receive an additional 12 to 13 percentage points. This is a very large gap and suggests that teachers are often unable to appreciate responses from better performing learners who may provide more imaginative responses that go beyond the examples provided in the marking memorandum. This is a serious problem that could discourage learners and undermine learning. It is critical that this matter be strongly emphasised in the unfolding improvements to the teacher professional development system.
SA 3.8 9.7 12.5 12.6 Note: Level refers to the level of the original teacher's mark. Each value represents the average percentage point increase applied to the original percentage score during the re-marking process (the same applies to the tables that follow).
The following table indicates a worrying trend in Grade 6 mathematics. Here it appears as if the teachers of the learners who struggle most are the teachers most likely to mark inaccurately, and when they do this they tend not to give learners the credit they deserve. The national figure of a 1,3 percentage point under-valuation by teachers with respect to level 1 learners means around one response per test was being marked incorrect when it should be marked correct. For learners with low scores and for whom passing the critical threshold of 35% is important, such errors can cause discouragement and confusion.
SA 1.3 1.0 0.5 -0.8 6.
ANA test administration procedures were relatively well implemented. However, in three provinces (Eastern Cape, KwaZulu-Natal and Limpopo), the degree of similarity between the responses to the same question by learners in the same school suggests that test administration procedures may not have been properly carried out. In this regard, clearer instructions and better monitoring in future runs of ANA seem necessary.
Verification ANA involved the data capturing of responses to individual test questions. This provides a rich source of information to inform specific issues in the design of future tests, the emphasis needed in professional development and what must become clearer in learning materials such as the national workbooks. Here these data are used for just one purpose, namely to examine possible problems in the test administration process.
There is a close relationship between the average test mark within a school and the degree to which learners obtain the same mark for specific questions in the test. In a school where all learners obtain 100% in the test, all learners will obviously have the same mark for each question in the test. However, the lower the average mark for the school, the lower will be the degree to which learners obtain the same mark in the same question. An analysis was undertaken to see to what degree schools in particular provinces deviated from the normal relationship between average test mark and degree of similarity in question-specific marks.
Grade 3 numeracy only. The results in the following table can be interpreted as follows.
Cape, the percentage of learners with the same question-specific score tended to be around 3 percentage points higher than one would expect, given the average mark for the school. In other words, where one might expect 60% of learners to have the same question-specific mark, in Eastern Cape 63% of learners would have the same mark. What this suggests is that in Eastern Cape, learners would tend to provide the same incorrect response to a greater degree than one would expect. This could point to two things. It is possible that in some schools learners were guided during the test administration process, but in such a way that this guidance was not always correct. However, the pattern seen here could also reflect the incorrect teaching of certain types of mathematical operations within individual schools or classes. The problem, according to the table below, is greatest in Eastern Cape. However, it is also present in KwaZulu-Natal and Limpopo. In the case of the other provinces, the degree of similarity in responses to the same question was more or less what one would expect.
WC -0.4 6.
In all four of the tests examined in this report, fewer than half of all learners in the country perform at a level that indicates that they have at least partially achieved the competencies specified in the curriculum.
6, the results indicate that only around 30% of learners fall into this category. At the top end, too few learners are able to achieve outstanding results. For instance, only 3% of learners in Grade 6 mathematics can be considered outstanding.
The ANA tests and marking memoranda are designed to produce the following correspondence between the percentage mark and descriptions of achievement.
5 The figures in the table are slope coefficients for provincial dummies from a regression analysis, with MP serving as the reference province. Basically, an indicator of similarity of test responses was regressed on the average test score and provincial dummies. The regression occurred at the level of the school. The indicator of similarity of test responses for each school was calculated by first finding the percentage of learners having the most common mark for each question. Thereafter the average was found across all test items to obtain an average for the school.
The next four graphs illustrate the distribution of learners across the four achievement levels, with breakdowns by province. Given the fact that the data are from a sample, it is important to keep in mind the confidence intervals of the statistics.
5 percentage points. In other words, we can be 95% certain that the true national statistic for outstanding performance for Grade 3 literacy lies between about 8.5% and 13.5%. The confidence intervals for the provincial statistics are around twice as large, in other words around 10 percentage points. A critical statistic is the percentage of learners achieving at levels 2, 3 or 4, meaning that they have achieved at least a reasonable part of the knowledge and skills they should have achieved by their grade. In Grade 3 literacy, this statistic was 47% at the national level. This is similar to the corresponding statistic found in the 2007 Grade 3 Systemic Evaluation, which stood at 48%. However, as has been emphasised above, comparisons between ANA 2011 statistics and previous assessment results need to be undertaken with much care, for a variety of reasons. The key overall finding is that in 2011, learner performance continued to be well below what it should be, especially for the children of the poorest and most disadvantaged South Africans.
In Grade 3 numeracy, 34% of learners attained a level of performance that represented at least partial achievement. The corresponding statistic from the 2007 Systemic Evaluation was 43%. The large discrepancy between the two figures highlights the need for a more in-depth item-level analysis to examine differences in performance with respect to similarly difficult questions, and the degree to which the overall test in ANA 2011 was overly difficult, or the 2007 Systemic Evaluation test was too easy.
The Grade 6 languages results point to 30% of learners nationally reaching at least the partially achieved level. This compares to 37% in the 2004 Grade 6 Systemic Evaluation.
In Grade 6 mathematics, 31% of learners reached at least a partially achieved level of performance in ANA 2011. In the 2004 Systemic Evaluation, the corresponding statistic was 19%. Given the data limitations, it is not possible to conclude that this represents an unequivocal improvement in performance.
Preliminary results from universal ANA also point to the persistence of major challenges in improving learner performance.
6 mathematics, which stood at 26% and 27% in Free State and Northern Cape according to verification ANA, stood at just 28% and 29% according to universal ANA.
ANA provides opportunities that did not exist before to identify those schools within a district requiring the most urgent attention and those which can serve as examples of better practices to neighbouring schools. The data analysed here allow for a picture at the provincial level to be generated. This picture indicates that though many schools are clearly struggling, for instance in 45% of schools in the poorest quintile have almost all their learners performing at the 'not achieved' level in Grade 6 mathematics, there are also schools that do considerably better though they face the same socio-economic challenges. As an example of the latter, 13% of schools in the poorest quintile have at least half of their learners achieving at the top two levels (a score of at least 50%) in Grade 6 mathematics.
The following four tables indicate what percentage of schools fall into two categories, using marks obtained from the re-marking process.
95% or more of the learners performed at the 'not achieved' level (level 1). See the '!!' symbol in the tables.
The second category is schools showing promise, defined here as schools where at least half of learners achieve at levels 3 or 4, in other words at least at the 'achieved' level. See the 'ââ' symbol in the tables. Most of the statistics in the next four tables point to the fact that the poorer the quintile, the greater the number of struggling schools and the smaller number of schools showing promise. This confirms the usefulness of quintiles in determining where the greatest support should be directed. At the same time, the fact that even in the better off quintiles there are struggling schools underlines the need to pay attention to under-performance in all socio-economic contexts. As an example of the latter, between 8% and 10% of schools in quintile 5 are clearly struggling with numeracy or mathematics.
SA 45 13 33 11 26 10 17 24 8 60 26 23 6.
Whilst the percentage of learners performing at adequate levels is unacceptably low in South Africa, other developing countries, including relatively wealthy ones, face similar problems. This underlines the opportunities for learning from other countries and sharing South African experiences in dealing with the challenge.
The following table provides the percentage of learners in Grades 4 or 5 performing at a minimum level determined by the International Association for the Evaluation of Educational Achievement (IEA) within the 2006 Progress in International Reading Literacy Study (PIRLS) in 2006. Whilst South Africa's value was the lowest amongst developing countries, similar problems are evident in countries such as Kuwait and Qatar, countries where inadequate education resourcing is generally not considered to be a problem. The challenge of ensuring that education resources translate into acceptable levels of learner performance is thus a worldwide one.
Though a rich country such as the United States does well according to the statistics used in the previous table, even in this country there is an understanding that learner performance is well below what it should be. In this regard, the figures reported within the United States No Child Left Behind programme are telling. Baseline values representing the percentage of school learners able to achieve a minimum level of performance in mathematics are around 10% in many states within the country.
In the Delivery Agreement for basic education signed between the Minister of Basic Education and the President in 2010, the Minister commits herself to 'establish a world class system of standardised national assessments'. Experiences in other countries indicate that it takes several years for a programme such as the Annual National Assessments to reach the desired level of standardisation and impact. The 2011 wave of ANA, the first of its kind, was not expected to be perfect. Lessons have been learnt from the current wave and these lessons should inform the future implementation of this programme.
Better logistics in the distribution of ANA materials to schools. The late arrival of the required materials in the right languages to schools in the 2011 wave of ANA resulted in many schools administering the tests after the specified dates. This had a number of negative consequences, including the increased risk that different standards would be applied in different schools.
6 See the PIRLS 2006 report at http://timss.bc.edu (p. 69).
schools in verification ANA has been discussed above. International experiences have shown that in universal assessment systems such as ANA it is important that a representative sample of schools produce highly reliable statistics that are able to inform policy and the reliability of the assessment system as a whole.
More standardisation within universal ANA. In schools outside the sample, greater standardisation can be brought about through ensuring that tests materials are delivered to schools on time, but also through further training of school principals on their quality assurance role and training of teachers in how to mark ANA tests.
Improvements to the test design phase. Inputs from teachers, their organisations and assessment experts in the country have indicated that there is room for improvement in the design of the tests and in the alignment of the tests with the curriculum. This matter is receiving close attention in preparation for the 2012 wave of ANA.
An important new feature in the 2012 wave of ANA will be the testing of all Grade 9 learners in languages and mathematics. Lessons from the 2011 Grade 9 pilot and the 2011 ANA process as a whole will inform this new feature of ANA 2012.
Though the challenges for the schooling system remain great, the 2011 wave of ANA provides a basis for optimism. Both the process of 2011 ANA and the information obtained from this process represent a basis for improvement that did not exist previously. Schools and the education departments have gained important experiences in better assessment and, through this, a better focus on what must improve. The unprecedented step of providing all Grades 1 to 6 learners with national workbooks in 2011 has, according to preliminary reports, shifted classroom practices in the right direction. The 2012 wave of ANA, to be conducted early in the 2012 school year, will serve as a critical instrument with which to monitor the degree to which national workbooks and other interventions, such as the streamlining of the national curriculum, have had an impact on learning. The 2011 wave of ANA has provided a wealth of experience in how to conduct a programme of this nature in a way that contributes to quality education.
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Recent changes to the clothing and footwear component of the consumer price index (CPI) have raised some interest. The annual increase in the price index for this component, reported as 10 percent of the CPI last month, is likely to lead to further discussion of this matter.
In its regular evaluation of data coherence, Statistics SA noticed that while the CPI was showing falling prices in clothing and footwear, retailers were reporting that clothing prices were increasing.
On investigation, it became evident that the clothing and footwear index was pulled down by items on clearance sales. While these items made up a small proportion of the roughly 26 000 prices collected each month, they were affecting price trends and distorting the clothing and footwear index.
Stats SA resolved to construct a new clothing and footwear index that excluded discounted prices.
However, as frequently occurs when statistical methods are revised, Stats SA faced a dilemma in deciding how to introduce this change in method. Revising historical CPI numbers was not an option, because of the widespread use of CPI in contracts and financial investments.
One option was to use the rates of change in the new "non-discounted" index and apply them to the old index. This, however, would have required substantial and risky manipulation of the compilation systems, and would still have reflected negative inflation in this index for most of this year.
Consequently, Stats SA decided to introduce the new index in January - the most transparent and decisive way of making the change.
This resulted in a jump in the index between December (on the old index) and January (using the new index). It also resulted in higher year-on-year figures than would otherwise have been the case.
The upward bias that has resulted from the change in method will last until the end of this year, rather than the indefinite previous downward bias. The upward bias is quantifiable, whereas the downward bias was not.
This June, Stats SA will release the new CPI weights - derived largely, but not exclusively, from the results of the income and expenditure survey released last month.
The release of the weights follows the publication last year of the draft CPI basket. Useful public comments were received on our proposals, enabling us to initiate the collection of price data on the new products. These prices will be used to calculate the CPI next year.
The last reweighting of the CPI took place in 2002. This time there will also be changes in the classification of the index, so certain products will move category and new products, such as restaurants, hotels and taxis, will be introduced.
Changes in statistical methodology are part of the regular cycle required to improve data quality and reflect shifts in the economy. Inevitably, these affect the coherence of time-series data and are sometimes confusing to users of statistics.
Stats SA will hold public seminars to discuss these changes in CPI methodology and help users to interpret their impact.
Change in statistical methodologies is inevitable and necessary. Clinging to outmoded ways of data collection results in accurate measurement.
Pali Lehohla is the statistician-general and the head of Statistics SA. For more information on the latest CPI release, visit www.statssa.gov.
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Official statistics are published for different time periods, depending on the nature of the series involved.
Consumer and producer price indices, wholesale and retail trade, and manufacturing and mining production and sales, for example, are released every month. Gross domestic product (GDP) is estimated for every quarter, and for the year as a whole. The midyear population estimates are an annual series.
Earlier this week, labour market data were released for different time periods. The labour force survey, which is a six-monthly series although plans are afoot to increase its frequency to quarterly, reported that the official unemployment rate as at March was 25.6 percent, compared with 26.5 percent a year earlier.
The quarterly employment survey showed that the number of people employed in the formal non-agricultural sector increased by about 62 000 people, or 0.9 percent, from March to June this year. The survey also reported that gross earnings paid to employees during the quarter to June amounted to R165.35 billion. This represents a quarterly increase of R1.49 billion, or 0.9 percent, compared with the three months to March 2006.
Last week Statistics SA released one of its annual surveys, the economic activity survey (EAS), which was started in 1998. It derives economic measures based on information from the financial accounts of businesses. It is used to compile estimates of GDP and its components, provide economic indicator statistics, and provide information for the analysis of comparative business and industry performance.
The latest EAS, for 2005, contains estimates of financial data for nine industries: forestry and fishing; mining and quarrying; manufacturing; electricity, gas and water supply; trade; construction; transport, storage and communication; real estate and other business services (excluding financial intermediation and insurance, but including activities auxiliary to financial intermediation); and community, social and personal services (excluding government institutions).
Certain areas of economic activity are excluded: agriculture, hunting and related services; public administration and defence activities; education; financial intermediation; and insurance and pension funding.
Six new variables have been included in the latest EAS: salaries and wages; containers and packaging; property tax; losses from the redemption, liquidation or revaluation of liabilities; profit from redemption, liquidation or revaluation of liabilities; and profit from the sale or realisation for cash or revaluation of assets.
Seven extra financial ratios have been calculated. These are ratios between dividends paid and net profit after tax; turnover and inventories; net profit before tax and fixed assets; net profit after tax and fixed assets; company tax and net profit before tax; and capital expenditure on new and used assets and fixed assets.
The EAS reported that all industries reflected an increase in turnover between 2004 and 2005. The largest percentage increase of 14.2 percent was reported in construction, followed by mining and quarrying (9 percent), real estate and other business services (8.7 percent), trade (8.4 percent), transport, storage and communication (8.4 percent), electricity, gas and water supply (8 percent), manufacturing (5.1 percent), and community, social and personal services (3.3 percent).
Capital expenditure on new assets amounted to R144.34 billion in 2005, an increase of 3.7 percent from 2004. The largest increase was again reported in construction (79.5 percent), followed by electricity, gas and water supply (19.1 percent), mining and quarrying (8.8 percent), transport, storage and communication (5.1 percent), community, social and personal services (0.8 percent), and manufacturing (0.6 percent). The real estate and other business services and trade industries reported decreases of 14.1 percent and 1.7 percent, respectively.
Book value of fixed assets and intangible assets totalled R987.8 billion in 2005, an increase of 7.1 percent. The largest increase was again reported by construction (43.7 percent), followed by mining and quarrying (15.9 percent), electricity, gas and water supply (11.4 percent), manufacturing (5.5 percent), community, social and personal services (4.5 percent), transport, storage and communication (4.3 percent), and real estate and other business services (4.3 percent). The trade industry reported a decrease of 2.7 percent.
Closing value of inventories amounted to R251.48 billion in 2005, an increase of 12.8 percent.
Continuity is a central element of official statistics, as this allows for valid comparison to be undertaken for consistent time periods. However, revision and change is also required to take account of the changing structure of the economy.
This week saw the termination of a financial series recording remuneration of employees and turnover of institutions according to the regional services levies received by municipalities. The regional service council (RSC) levies were abolished with effect from July 1. This last release reports that R6.8 billion was collected from RSC levies in the calendar year 2005, R6.1 billion in 2004 and R5.5 billion in 2003.
From labour market statistics to data on economic activity, from financial indicators to consumer price indices, official statistics seek a balance between continuity and change in terms of what is measured as well as in the frequency in which data are gathered and published.
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The Independent Complaints Directorate (ICD) has noted with concern the Mail & Guardian's story on violence in Ermelo ("Violence on tape confirms police tactics", 25 March 2011). It is a matter of public record that the ICD had issued a statement a week earlier expressing concern with the increasing number of police brutality cases that is has had to investigate in many parts of the country. It is quite telling that the ICD was not contacted to establish whether or not complaints had been lodged with it before making such a conclusion in the story. The ICD is in fact investigating two (2) deaths due to police action, six (6) cases of malicious damage to property and twenty-five (25) cases of assault. No cases of torture were reported.
The complaints are from the victims of alleged police brutality in Ermelo. Had the ICD been contacted, we would have explained that members of the public are not limited to only complaining in person but that they can write letters or send faxes or complain telephonically and via email. Those without the means can call and give their number so that they can be called back at no cost to them.
The ICD has started investigations into most of the aforesaid complaints and when investigations are completed, the dockets will be sent to the DPP for a decision.
Furthermore, officials from the ICD visited Ermelo on 24 March 2011 as part of gathering information in the pursuance of its investigations.
The investigations are complicated by the fact that different SAPS units were involved, including the National Intervention Unit, TRT, Crime Combating Unit and Dog Unit. Some of the units were from outside Mpumalanga, namely Limpopo and Gauteng (National Office). In order for the culprits to be brought to book, it will be necessary for them to be identified - this will not be easy given the number of units involved and their bases.
Every year the ICD investigates many police officers and brings them to book. Success in this regard depends on the availability of witnesses and victims to give statements and identify the suspects.
A perusal of the ICD's Annual Report 2009/10 indicates convictions for various offences, including murder. Police officers do not get away with wrongdoing.
The media should work with the ICD to ensure that the culprits are identified and by urging members of the public to come forward to report police abuses.
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Honourable Deputy Speaker, Mme Motlalepula Rosho.
Honourable Premier, Mme Thandi Modise.
Members of the Provincial Legislature including permanent delegates from NCOP.
Councillors' who are present.
Dikgosi tsa rona le boemedi jwa Ntlo ya Segosi mo Porofenseng.
Management and Legislature Staff; officials from various Departments and Municipalities present.
Members of the media.
Ladies and gentlemen.
Comrades and friends.
In two days time, our province will be celebrating Workers day which originates from the historical international struggles of workers in pursuance of fair employment standards and a culture of human and workers rights. It is also a reminder of the many challenges that still confront working people and the poor in South Africa and the world over.
The South African working class has been at the forefront of the struggle for a democratic, non-racial, non-sexist, prosperous and united nation as enshrined in policy positions of the ruling party. Madam Deputy Speaker, workplace struggles cannot be separated from broader social struggles; economic justice and equality cannot be achieved without bequeathing to the workforce equitable access to the livers of social emancipation. All dreams and aspirations of a society founded on human-rights persuasions as advocated for by our constitution shall ever become a deferred dream, if the rights of the working class do not hold a centre stage in our national democratic discourse.
As I present this budget vote on behalf of the legislature, what catches light in my mind is a French revolutionary, Frantz Fanon who wrote: "If a man is known by his acts, then we will say that the most urgent thing today for the intellectual is to build up his nation. If this building up is true, that is to say if it interprets the manifests will of the people and reveals the eager of African people, then the building of a nation is of necessity accompanied by the discovery and encouragement of universalizing values".
Madam Deputy Speaker, I am raising this text because we are preparing ourselves for local government elections which are set for the 18th May 2011. As we head to the polls, we must remind ourselves that, our country is in dire need of men and women of esteemed intellectual stature, who are prepared to build up its nation; who are prepared to patent the will of the people; who are prepared to hasten issues of service delivery.
Hon. Members this year's elections day coincides with the day in which one of our struggle icons, the late Walter Sisulu was born; the political space that he occupied, will forever provide a barometer with which the leaders of today and tomorrow, evaluate and assess their maturity in the world of politics and leadership in general.
I must at this point call upon all political parties to conduct themselves in a manner that befits our democratic culture of an inclusive society. We urge all political parties to cease from making utterances that are seditious, but should work with one another to ensure that there is continued peace in communities that we serve. We must always remind ourselves of what Alfred Adler said, "it is the individual who is not interested in his fellow men who has the greatest difficulties in life and provides the greatest injury to others.
Honourable Members, this year, is a year of action, I am saying this because it can't be business as usual; it can't be that policy pronouncements are made year in year out and there is no action. We must subscribe ourselves to what the Deputy President once said: "there is nothing that would beat a practical work, theory is sterile". In this context, we are not going to work on hypotheses in this financial year; we are not going to work on theories as opposed to practicalities, our impact must be felt in the process of executing our mandate as espoused in section 114 of the constitution. This legislature must be accessible to our people; it must be a nucleus which ensures that a better life is brought to the people of the North West. We must also strengthen our approach to make the executive and other organs of the state accountable. We must be responsive in our approach and put our vision and mission into action.
Madam Deputy Speaker, in tabling our budget vote for 2011/12, we are unpretentious to share with you our experiences of a journey we travelled since our last budget vote statement, and put forward our policy priorities and vision for the period ahead.
The hard heating noting point in the past financial year which brought twinge and grief in our hearts, was the loss of the late Hon. Yvonne Makume, who got involved in a tragic car incident whilst on duty: her contribution to this house will forever be remembered, she was one of the staunch intellectual women who demonstrated bravery and determination in building our nation.
Honourable Members, we have committed ourselves to what former President Nelson Mandela said: "Education is the most powerful weapon which you can use to change the world", and in pursuit of this important call, we are registering progress in building capacity of our members; I am happy to announce that on the 14th April 2010 the capacity building program for our members was launched, and out of 19 members enrolled we have 8 Members who have completed the last module and are ready for the graduation ceremony to be held soon; thereafter, they will continue with post graduation diploma and upon its completion, they will have an opportunity to enter a Masters' degree programme. Special thanks go to the Public Administration Leadership and Management Academy (PALAMA), and South African Legislative Sector committee that deal with training for members, for their commitment in ensuring skills investment in our members.
Honourable Members, one of our key constitutional mandate is law making; in a short period of time we drafted and passed three acts in this house, being: the Political Party Fund act, Petitions act and the Legislature management amendment act.
We have refined the Standing rules of the North West Provincial Legislature and the policy document that enables members to execute their responsibilities. Madam deputy speaker, most of our internal policies lack detail on important matters, we are currently in a process of reviewing all these policies in order to strengthen the administrative controls of this institution.
Honourable Members, public participation remains a process through which individuals and groups within our communities can exchange views and influence decision-making. We must congratulate ourselves on this aspect; we have travelled from city to city, village to village teaching our communities about their rights including the right to petition the legislature about any issue in their areas, as succh we are receiving many petitions from our communities. This is a clear indication that our communities are beginning to realise the importance of their activism in the broader socio-economic arena as administered by government. We will in due course establish a petitions committee in order to process all petitions as speedily as possible.
Madam Deputy Speaker, as we seal out the 2010/2011 financial year, we are happy to report that we successfully held five sectoral parliaments, namely: workers, youth, women, older persons and people with disabilities parliaments. Having noted these successes, we have however observed that, these sectoral parliaments have been very costly to the legislature when hosted outside of the capital city, as such to minimise costs, we plan to host some of these parliaments in the chamber and abandon some.
Madam Deputy Speaker, we have also been reflecting on the poor attendance in some of these sectoral parliaments by members; including members of the executive council. As the Legislature, we view sectoral parliaments as crucial avenues for the public to influence policy making, therefore we can never be at peace when these are poorly attended by policy makers, and this tendency must be brought to a halt.
Honourable Members, exercising an oversight role means committees of the legislature must be given an opportunity to conduct visits across the province, benchmark with other provinces and countries to look at best practices. Madam Deputy Speaker, due to limited financial resources appropriated to us by provincial treasury, portfolio committees were unable to execute this important constitutional mandate fully. I must however indicate that, despite these challenges, we were able to conduct several oversight visits during the financial year under review.
Hon. Members, strengthening and building the capacity of committees is not negotiable; we are proud that all portfolio committees have the necessary administrative backup and I must acknowledge that, some of the personnel deployed to committees need to be trained and retrained urgently. The tendency by some government departments to submit incorrect reports to committees is unacceptable. Henceforth, all reports submitted to committees will no longer be processed without expert analysis, and for us to succeed, it means departments must submit these reports on time and as prescribed by law.
Honourable Members, National Council of Provinces (NCOP) will continuously act as a bridge between the three spheres of government; we therefore have a responsibility to participate in all NCOP activities to ensure that the national government responds to challenges faced by our province. We have registered some improvement on both negotiating and final mandates fronts. Madam Deputy Speaker, the permanent delegates to the NCOP are members of the legislature, and have a responsibility to represent and raise issues affecting our province at a national level. Henceforth, members of the legislature would have to pose questions to members of the cabinet through our delegates, propose debates on matters of public importance, direct that motions must be raised on behalf of the province. We will as well invite our permanent delegates to participate in some of the debates in the house.
Hon. Members, having signed the Speakers Forum Memorandum of Understanding (MOU), we have committed ourselves to work together with other provinces to achieve the objectives set out in the MOU. As part of the sector, we are in the process of finalising the oversight model, public participation model and the collective bargaining forum for the sector. The rules committee will on behalf of the legislature make inputs on these important documents and once finalised, we will table same to the house for adoption.
Madam Deputy Speaker, our legislature has been part of Commonwealth Parliamentary Association (CPA), which its mission is to promote the advancement of parliamentary democracy by enhancing knowledge and understanding of democratic governance; it seeks to build a formal parliamentary community which is able to deepen the commonwealth's democratic commitment and to strengthen cooperation amongst its parliaments and legislatures. Our legislature has been participating consistently in this association, and will continue to pledge our participation in ensuring that we put our institution on the global map.
Honourable Members, some sections of the legislature building are collapsing due to poor workmanship, and the conditions of this chamber are getting worse daily. We are in conversation with public works and I can say with certainty that we are making progress.
Honourable Members, allow me to present the actual allocations for the 2011/12 financial year. As I present this budget, it is of paramount significance to note that; we submitted R 216 526 000 to provincial treasury as budget estimates for 2011/12 financial year; undesirably, the provincial treasury gave us R151 659 00 which constitutes (0.79%) of the total provincial allocation from national treasury.
It is very clear that we have no option but to abandon some of our important activities.
An amount of R 59 256 000.00 has been provided for this program which includes office of the Speaker, office of the Secretary, Corporate Services, finance and internal audit.
An amount of R 23 563 000.00 has been provided for statutory payments for Members salary.
An amount of R 68 840 000.00 is allocated for this programme which includes logistics for Members, Exposure to Parliamentary Activities, Proceedings, Committees, NCOP Liaison Support, Public Participation and Information Services.
Honourable Members, in spending this budget, we must note that, our Legislature is entrusted with a constitutional responsibility of ensuring that the Executive Council adheres to strict financial discipline by avoiding wasteful expenditure, fraud, corruption, overspending and under-spending. We do this through proactive and reactive oversight. Equally, the Legislature as the highest oversight body in the Province is expected to practise what it preaches without fail, lest the public loses confidence and trust in its elected leaders.
In forging ahead, we must be cost effective and be bound to our priorities; unnecessary expenditure will not be tolerated. I am very sensitive when the legislature has to incur costs unnecessarily. The famous poet and novelist Nigerian writer Gabriel Okara wrote "It is all about being very sensitive to what happens around me. I see things in the way that others would not see them. For instance, in my ideal country, I think of a corruption-free country because it is corruption that pervades all sectors of the society.
Hon. Members I have declared the legislature a corruption free institution. We will use every tool at our disposal to fight corruption, pinch it in the bud and expose syndicates if there are any; because in my ideal situation, I can't head an institution where resources of the state that are meant to bring a better life to our people are being misused.
Madam Deputy Speaker, in 2009 we said our goal was to achieve a clean audit report; unfortunately we are still striving to achieve this important objective. Robin Sharma says success on the outside begins within'' The audit committee will have to closely monitor compliance with all controls that are already in place. Monthly and Quarterly Reports on risk areas such as Supply Chain Management, Finance, Human Resource will be closely scrutinized. Working together with the audit committee and our internal audit unit, we will ensure that we detect irregularities quicker and correct them immediately.
Honorable Members, our structure is now finalized and I must thank the Minister of the Department of Public Service and Administration for responding positively to our request for assistance in finalising the structure. I must as well thank all the officials who were deployed by the Minister for work well done. We remain convinced that our organogram responds to our strategic goals, namely: to provide a sound provincial law making framework; to promote public participation in legislative process; to exercise an oversight function; and to ensure business excellence in the legislature. In the same breath, this exercise has created twenty five (25) more vacant positions which warrant an additional amount of R7 284 777m, hence we intend filling these vacancies in phases because of our financial situation.
Honourable Members, this year we commit ourselves to monitor how our provincial government intends to achieve the Millennium Development Goals, which seek to amongst others, achieve the following by 2014: eradicate extreme poverty, achieve universal primary health care, promote gender equality and empower women, reduce child mortality and improve maternal health, combat HIV and Aids, malaria and other diseases, ensure environmental sustainability and develop a global partnership for development. Madam Deputy Speaker, immediately after the coming constituency period, we will organise a workshop for members on the role of the legislature in ensuring the achievement of the MDGs and empower them with the necessary skills and knowledge to start customising our oversight role on these MDGs as part of our responsibilities.
Honourable Members, section 41(h) of the constitution dictates that all spheres of government must co-operate with one another; to achieve this constitutional imperative, we will immediately after the upcoming elections establish the Provincial Speakers Forum and assist municipalities to setup the municipal public accounts committees, as we have a responsibility to assist municipalities to manage their affairs and to hold mayoral committees and other organs to account.
Executive Managers, Managers, and the entire staff of the institution for their hard work and support.
I thank you.
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Johannesburg, Monday, 28 June 2010 - A star cast of performers will keep visitors to the Market Theatre and Windybrow Theatre in Johannesburg entertained for the remainder of the 2010 FIFA World Cup, courtesy of the Department of Arts and Culture.
The Market Theatre will continue to feature some top act South African artists until July 11, including Jozi, The Parlotones, Lira and Karen Zoid, amongst many others. The fun starts at 21h00 each evening and is a chance for local fans to connect with South African music, or our international guests to be exposed to the rhythm of Mzansi.
The Windybrow Theatre in Hillbrow is also benefiting from funding from the Department of Arts and Culture as it seeks to reinvent itself, and will have some exciting shows in its line-up such as The Island, written by Athol Fugard and directed by Mpho Molepo, which will be staged from July 6 to 11.
The Market Theatre and Windybrow performances are part of the Department of Arts and Culture's (DAC) exciting projects which they are funding both before, during and after the 2010 FIFA World Cup. Many of these projects will leave a lasting legacy for the people in the communities where they will be developed, and also help showcase the cultural diversity and history of South Africa and its people.
All shows begin at 21h00.
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Eastern Cape Education Department (ECDoE) set on making full use of the Mandela birthday celebration by volunteering services throughout the July month!
South Africa along with the international community witnessed the official launch of Nelson Mandela International Day on 28 March 2011.
Women, Children and People with Disabilities to host inaugural annual Nelson Mandela Childrens Parliament, 15 Ju?
<fn>GOV-ZA.29072010En.2012-02-10.en.txt</fn>
Responding to the call of President Zuma, the Minister of Arts and Culture, Ms Lulu Xingwana, has continued to take decisive steps in rooting out corruption in the Department.
We reported earlier this year that in her efforts to clean up the Department Minister Xingwana had examined the Department's internal audit report and the report of Gobodo Forensic Services and was shocked to find allegations of serious irregularities and possible fraud and corruption.
As a result, a number of officials were suspended and subsequently charged. These charges related to financial mismanagement and gross dereliction of duties.
Minister Xingwana also commissioned a forensic investigation by PriceWaterhouseCoopers into alleged irregularities within the 2010 World Cup, Cultural Development and Investing in Culture programmes and projects of the Department. The report was finalised on or about March 2010 and made certain findings and recommendations.
The Minister has acted upon the findings and recommendations and to this end several officials were placed on precautionary suspension and faced disciplinary processes.
The Department confirms that Ms Nomvula Mbangela, former Director: Investing in Culture, absconded from her duties prior to the finalisation of the forensic investigation. The Department is holding her accountable for the losses incurred as a result of her failure to effectively manage the funds disbursed by Investing in Culture projects. The legal process is underway in respect of recovery of these funds.
Minister Xingwana has also requested the Special Investigations Unit (SIU) to assist in terms of criminal prosecutions and the recovery of funds.
Minister Xingwana has said that "Corruption is a cancer that destroys the very fabric of our society and severely hampers service delivery. It is a victory for this government and South Africans in general that we have been able to take decisive steps to root out corruption."
The Department will leave no stone unturned to uproot corruption in order to ensure that arts practitioners and the public in general are the beneficiaries of the Department's programmes.
<fn>GOV-ZA.29072011En.2012-02-10.en.txt</fn>
"Drivers must be fit and should be able concentrate when driving until they reach their destinations," said Shongwe.
<fn>GOV-ZA.29092009En.2012-02-10.en.txt</fn>
The purpose of the Summit is to bring stakeholders together to develop strategies which would assist in maximizing youth involvement in crime prevention.
The Summit is one of many initiatives by the department to mobilize all stakeholders about the fight against crime.
Other key stakeholders such as SAPS, Department of Education, Community Policing Forum (CPF), school governing bodies will participate at the event.
The theme for the Summit is "Youth for safer South Africa".
Members of the media are invited to attend the Summit.
<fn>GOV-ZA.29092010bEn.2012-02-10.en.txt</fn>
<fn>GOV-ZA.29159En.2012-02-10.en.txt</fn>
DEPARTMENT OF HOUSING No.
The Department of Housing hereby publishes the draft Housing Consumers Protection Measures Amendment Bill, 2006 for public comment.
Interested persons and institutions are invited to submit written comments on the draft Bill to the Director-General, Department of Housing, on or before 26 September 2006.
To amend the Housing Consumers Protection Measures Act, 1998, so as to substitute certain definitions; to insert new definitions; to clarify the scope of application of the Act; to make provision for late enrolment and non-declared late enrolment; to make provision for the position of owner builders; to extend the warranty scheme to include roof leaks; to make further provision for the use of moneys in the fund; to extend the offences created in the Act; to amend the provisions pertaining to the granting of exemption by the Council, and the lodging of appeals with the Minister; and to provide for matters connected therewith.
to construct a home for purposes of sale, renting, leasing or otherwise disposing of such a home.
National Housing Code as contemplated in section 4 of the Housing Act, 1997 (Act No 107 of 1997); or any other policy, administrative or procedural guidelines issued in terms of the Housing Act, 1997, which repeals or substitutes the National Housing Code.
any person that bona fide builds a home for occupation by him or herself; or any person, who is not a registered home builder, that bona fide assists a person in the building of a home, unless such person is guilty of conduct as prescribed by the Minister.'
Process.
Insertion of section ?
of this Act, in which case such person shall be deemed to be a home builder: and does not apply to any person who physically uses his or her own labour to build a house for his or her occupation if the house is part of an approved PHP Proiect.
17 (1) in respect of any home pursuant to the failure of a home builder to meet his or her obligations in terms of section 13 (2) (b) (i)[.
prescribe the type of costs and losses that may not be paid out of the fund.
An owner builder must apply in terms of section 29 of the Act to the Council for exemption from the application of sections 10 and 14 of the Act.
the Council has issued a certificate of proof of enrolment of the project in the prescribed form and manner to the home builder; and the MEC has paid the prescribed fee to the Council in terms of the agreement contemplated in section 5 (4) (c).
of the Act, to manaqe the risks pertaining to the fund.
to inspect the home; and to complete the competent person late enrolment report in the form prescribed in the Council rules, to confirm compliance with the NHBRC technical requirements.
the provisions of this section, the Council may prescribe disciplinary measures for late enrolment and non-declared late enrolment which are not inconsistent with this Act.
and (5), with the necessary changes required by the context, have been followed, increase the fees payable by home builders and MEC in respect of the enrolment of homes contemplated in sections 14 and 14A.
[reduce any amount, subject to section 7 (2) (e), that may be expended in terms of subsection (1) or refuse such claims.
to section 7(2Me), reduce any amount that may in terms of subsection (1 circumstances, instead of havina a defect rectified, make payment to the housinq consumer in full and final settlement of any claim; or refuse such claims.
Irrespective of subsections (1) to (4), any person who feels aggrieved decision that the Council has made in terms of section 29 of this Act, may, within one month from the date on which such decision was made known by the Council, lodge an appeal in writing with the Minister against the decision, and thereupon the Minister may confirm, set aside or amend such decision of the Council.
the granting of the exemption would not undermine the objectives of this Act, or the effectiveness of the Council; or should the exemption not be granted, the effect would be extremely prejudicial to the interests of the applicant and housing consumers.
The Council must reach and make known a decision within 60 days of receipt of an aoDlication made to it.
is not transferable.
This Act is called the Housing Consumers Protection Measures Amendment Act, 2006, and comes into operation on a date to be fixed by the President by proclamation in the Gazette.
1998 (the Act).
inserting the words "renting" and "leasing" in paragraph (b) of the definition, which deals with acts that are regarded as constituting disposal of a home; and deleting paragraph (d) of the definition. The wording of paragraph (d) has resulted in so-called 'owner builders' being excluded from the scope of application of the Act. In broad terms an owner builder is a person who wishes to build a home for occupation by him or herself, and who utilises own resources such as labour and financing. In these cases application of the Act would result in an absurd situation where the mentioned person is in fact protected against him or herself. Although this fact is recognised, it was never the intention of the legislature to totally exclude such 'owner builders' from the application of the Act, but rather that they be entitled to apply for exemption from the provisions of the Act, thereby ensuring that they are indeed bona fide owner builders, and not just builders wishing to escape from the letter of the law. As paragraph (d) of the definition has not achieved this, it is being deleted and substituted with a substantive definition of, and provisions pertaining to, "owner builders".
2.2 The definition of "home builder" is amended to include "owner builders'' who have not been exempted in terms of the Act.
2.3 Definitions for "late enrolment" and "nondeclared late enrolment" are inserted. Although these issued have in the past been dealt with in Regulations issued under the Act, they are not defined in the Act, nor does the Act contain any specific provisions pertaining thereto. This situation is rectified by the insertion of the mentioned definitions, as well as making specific provision therefore in the proposed section 14A, dealt with below.
2.4 Definitions for "National Housing Code" and "PHP project" are inserted, as these expressions are contained in the substantive provisions proposed by this Bill.
2.5 A definition for "owner builder"is inserted after the definition of "organ of state".
is inserted to provide for the scope of application of the Act.
2.7 Section 7, dealing with the regulating measures that the Council and the Minister may prescribe, is amended to include measures pertaining to late enrolment, non-declared late enrolment and late enrolment fees.
is inserted to enable "owner builders" to apply for exemption from the provisionsof the Act.
2.9 Section 14A is inserted to ensure that the Act contains substantive provisions pertaining to, and regulating, late enrolment and non-declared late enrolment. The proposed section 14A consists of a revised combination of the existing regulations 14 and 15, as contained in the Council Rules published under Regulation No. R.
2.10 Section 17 of the Act is amended to extend the cover provided by the Council's warranty scheme to include roof leaks, and to enable the Council, in exceptional circumstances, instead of having a defect rectified, to make payment to the housing consumer in full and final settlement of a claim.
duty of a conveyancer to ensure that a home builder is registered before attending to the registration of a mortgage bond.
2.12 Section 22 is amended by the insertion of a new subsection (5) which enables persons who are aggrieved by any decision made by the Council in terms of section 29, to lodge an appeal with the Minister. This is necessitated by the fact that section 29 is being amended to allow the Council, and not the Minister, to grant or refuse applications for exemption.
2.13 Section 29 is amended to allow the Council to grant or refuse applications for exemption, In its current format the section empowers the Minister to consider applications for exemption, based on recommendations provided by the Council. As this process firstly causes lengthy delays due to the extensive responsibilities of the Minister, and as the technical expertise necessary to properly evaluate applications is not available in the Department of Housing, the responsibility is best vested in the Council. A safeguard in the form of an appeal process is, however, built into section 22 to ensure that exemptions are not refused unreasonably.
Natal Institute for Architecture. Consultation was also undertaken with the Council and the State Law Advisers, and it is proposed that the Bill be published in the Gazette again.
The State Law Advisers and the Department of Housing are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
Act, 41 of 2003, since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.291901297En.2012-02-10.en.txt</fn>
STAATSKOERANT, 5 SEPTEMBER 2006 No.
The above-mentioned draft Bill is hereby published for public comments. Interested persons are invited to submit written comments on the draft Bill by no later that 05 October 2006. Submission should be posted to the Director-General for the attention of Adv. AM Masombuka and Mr. Marius Luyt at.
(As introduced in the National Assembly as a section 75-Bill; explanatory summary of Bill published in GovemmentGazette No.
STAATSKOERANT, 5 SEPTEMBER 2006 No.29190 050606se GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments.
To amend the Cross-Border Road Transport Act No.4 of 1998, so as to insert a Table of Contents; to amend and insert certain definitions; to authorise the Cross-Border Road Transport Agency to levy and collect tolls on behalf of the South African National Roads Agency Ltd; to simplify the procedures for appointment of Board members; to amend the appointment procedures of certain staff members of the Board; to further regulate the granting of permits; to provide for transformation in the cross-border road transport industry; to provide for special emergency measures; to update references to traffic legislation; to create certain offences; to amend certain provisions of the National Land Transport Transition Act No. 22 of 2000; and to provide for matters connected thereto.
The following Table of Contents is hereby inserted in the Cross-Border Road Transport Act, 1998 (Act NO.
STAATSKOERANT, 5 SEPTEMBER 2006 No.29190 8.
STAATSKOERANT, 5 SEPTEMBER 2006 No.29190 41.
Co-operation between Board and cross-border road transport industry 46A.
Amendment of section 1 of Act 4 of 1998 2.
Amendment of section 4 of Act 4 of 1998 3.
"ill The Agency may levy and collect toll on behalf of the South African National Roads Agency Limited as contemplated in section 28 of the South African National Roads Agency and National Roads Act. 1998 (Act NO.7 of 1998).".
"(iii) four are persons [selected] appointed by the Minister.
Section 13 of the principal Act is hereby amended by the substitution for paragraph (c) of the following paragraph: "(c) the Chief Executive Officer referred to in section 14. [(1)(a)]".
Substitution of section 14 of Act 4 of 1998 6.
ill The day-to-day business and operations of the Agency shall be under the control of the Chief Executive Officer appointed by the Minister after consultation with the Board.
m The Chief Executive Officer must. subject to the approval of the Board! appoint personnel to provide the required administrative, secretarial, research and technical assistance to the Agency, Board and Regulatory Committee.
m The Board must determine the remuneration packages and employment benefits for persons employed by the Agency, with the approval of the Minister in consultation with the Minister of Finance.
Amendment of section 23 of Act 4 of 1998 7.
"(b) regulate access to the market by the road transport freight and passenger industry in respect of cross-border road transport and cabotage by issuing permits;".
Amendment of section 25 of Act 4 of 1998 8.
"(1) No person may undertake cross-border road transport.!. or, sUbject to section 31, cabotage, unless he or she is the holder of a permit.".
Amendment of section 27 of Act 4 of 1998 9.
"(a) whether the applicant [complies] and the vehicle comply with the relevant provisions of the National Road Traffic Act, [1989 (Act No. 29 of 1989)] 1996 (Act No.
"(1A) Where the applicant is a South African carrier the Board must take into account@l the promotion of small business; and {Ql the empowerment of persons historically disadvantaged by unfair discrimination; and f. Ql any relevant code of good practice or transformation charter published in terms of the Broad-Based Black Economic Empowerment Act 2003 (Act No. 53 of 2003)."
"ill In the case of a combination of vehicles, a single permit must be issued for the truck-tractor and its trailers and semitrailers, but not in the case of cabotage, where separate permits must be issued in accordance with section 31(3).".
Amendment of section 28 of Act 4 of 1998 10.
Amendment of section 30 of Act 4 of 1998 11.
(d)lCilil amend the conditions and requirements applicable to the permit held by the permit-holder, or determine such new conditions and requirements as the Regulatory Committee may deem fit.
"(7) Where the Regulatory Committee decides to follow any of the steps in subsection (1), the Regulatory Committee must notify the permit holder of the right to appeal in terms of section 34 and of the right to request reasons.".
Amendment of section 31 of Act 4 of 1998 12.
"(1) Cabotage is prohibited, except as specifically allowed in subsection (2)."
by the substitution for paragraph (b) of subsection (2) thereof of the following paragraph: (b) it is satisfied that.
illl the granting of the permit will not be in conflict with transport plans prepared in terms of Part 7 of the National Land Transport Transition Act. 2000 (Act No.
Dill [where] lifting the prohibition is in the best interest of the Republic.
"(3) Where cabotage is permitted, any truck-tractor and trailer and semi-trailer used in combination for the purposes of such transport, [must] may be registered in [the same country] different countries, but a separate permit is required for each such truck-tractor, trailer and semi-trailer. ".
Amendment of section 32 of Act 4 of 1998 13.
ii.
Amendment of section 33 of Act 4 of 1998 14.
"i.1Al The Regulatory Committee may publish in the same manner an application for renewal of a permit contemplated in subsection (1), and must do so if the conditions or requirements of the permit are to be amended in the process.".
Amendment of section 34 of Act 4 of 1998, as amended by section 1 of Act 70 of 1998 15.
Amendment of section 35 of Act 4 of 1998 16.
"f.!sl any other designated stakeholder.".
Amendment of section 37 of Act 4 of 1998 17.
"(1) The [Board] Chief Executive Officer must appoint the national Road Transport Inspectorate, consisting of the national road transport inspectors, to whom the provisions of section 14(3) apply.".
Amendment of section 38 of Act 4 of 1998 18.
Amendment of section 40 of Act 4 of 1998 19.
"(zB) contravenes or fails to comply with any provision of this Act, if such contravention or failure is not elsewhere decared an offence."
"ill Whenever a person is charged with an offence in terms of subsection (1)(a) proof that the person has picked up or set down passengers by means of a vehicle within one kilometer of an international border, will in the absence of evidence to the contrary which raises reasonable doubt, be sufficient evidence that the person has undertaken cross-border road transport.".
Amendment of section 41 of Act 4 of 1998 20. Section 41 of the principal Act is hereby amended by the substitution for the phrase "unauthorised road transport" wherever it occurs in subsection (1) of the phrase "unauthorised transport".
Amendment of section 44 of Act 4 of 1998 21.
"(1) Any person in the employ of the Board[. as contemplated in section 14], is not personally liable for any damage caused by reason of any act done or omitted to be done in good faith by that person.".
Amendment of section 45 of Act 4 of 1998 22.
"(1) The Minister, in consultation with the Board may, subject to [the provisions of] subsection (2), devise a points demerit system, based on contraventions of this Act [as well as contraventions contemplated in] and of the National Road Traffic Act, [1989] 1996, and may devise penalties, as may be prescribed.".
Insertion of section 46A in Act 4 of 1998 23.
46A. ill The Minister may, after consulting the Regulatory Committee, the Member of the Executive Council of the relevant province responsible for public transport and the South African Police Services, by notice in the Gazette, declare an area in which the special measures provided for in this section will apply, where he or she is of the opinion that this is necessary to normalize the situation in the area characterised by violence, unrest or instability.
ill The Minister may make regulations providing that the operation of any specified permit is, or all permits are, temporarily suspended insofar as they authorise cross-border road transport or cabotage in such an area or part thereoor on a specified route or routes in that area, for a period not exceeding 21 days.
Q1 Regulations under subsection (2) may provide that the contravention thereof will constitute an offence and prescribe penalties in respect thereof.
{1} Before making regulations under subsection (2).
ff1.
fs!
less than 24 hours; ill the address to which representations must be submitted; and f.gl the manner in which representations may be made.
@ The Minister must consider any representations received under subsection (4) before making regulations under subsection (2).
Amendment of section 47 in Act 4 of 1998 24.
u@ All holders of permits which are valid for more than one year, must submit to the Regulatory Committee annually, together with the registration certificate mentioned in subsection (2)fEl a valid roadworthy certificate for the vehicle; fQl where it is a condition of the permit that the holder must purchase insurance, proof that such insurance is still in force in respect of the vehicle and that all premiums have been paid; {f1 proof that other conditions of the permit are being met. if required by the RegUlatory Committee; and fQl any other prescribed requirement, failing which the permit shall lapse on the date of lapsing of such registration certificate and the holder must return it to the Chief Executive Officer within 10 days of such lapsing by delivering it by hand or by registered post.
ill The authority conferred by a permit may notand any such cession, alienation or hiring of a permit shall be of no legal force or effect.
Amendment of section 49 of Act 4 of 1998 25. Section 49 of the principal Act is hereby amended by the substitution for the phrase "21 days" whenever it occurs of the phrase "30 days".
Amendment of section 52 of Act 4 of 1998 26.
"(2A) All permits and operating licences issued by the National Transport Commission, local road transportation boards and operating licensing boards in terms of the Road Transportation Act, 1977 (Act NO.74 of 1977), the National Land Transport Transition Act, 2000 (Act No. 22 of 2000) or provincial legislation contemplated in the definition of "replacing provincial law" in section 1 of the lastmentioned Act, which authorise or purport to authorise cross-border road transport and with a validity period exceeding 12 months. will lapse within six months after the entry into force of this subsection: Provided that the holder of such a permit or operating licence may apply to the Regulatory Committee for the granting of a permit in terms of this Act."
Amendment of section 46 of Act 22 of 2000 27. Section 46 of the National Land Transport Transition Act, 2000 (Act No.
"(2) No one may set down passengers at or near an international border, where it is clear that such passengers intend to cross the border into another state, and no one may pick up passengers at or near such a border where it is clear that such passengers come from another state having crossed such border into the Republic, unless that person is the holder of the necessary permit required by the Cross-Border Road Transport Act, 1998 (Act NO.4 of 1998).".
Amendment of section 127 of Act 22 of 2000 28. Section 127 of the National Land Transport Transition Act, 2000 (Act No.
"(p) if the person sets down or picks up passengers at or near an international border in contravention of section 46(2);".
STAATSKOERANT. 5 SEPTEMBER 2006 No.29190 31 29.
<fn>GOV-ZA.291En.2012-02-10.en.txt</fn>
Neotel offers effective solutions suited to large, medium and small business to take care of all your telecommunications needs.
Connecting to the Internet or having a chat on the phone shouldn't be a hassle. That's why we offer all-in-one solutions ideal for your home communication needs.
<fn>GOV-ZA.292004061701En.2012-02-10.en.txt</fn>
The Financial Intelligence Centre Act was passed by Parliament in November 2001 to provide us with another weapon to fight crime. The Money Laundering Control Regulations, promulgated under the Act in order to provide more substance to the "know your client" provisions of the Act, were published in December 2002. The "know your client" provisions of the Act and the Regulations in respect of new clients took effect six months later on 30 June 2003 in order to afford institutions an opportunity to prepare for their implementation. The same provisions in respect of existing clients will take effect on 1 July 2004.
Today I had a meeting with the Money Laundering Advisory Council. The purpose was for me to take advice from it's members on proposals regarding the requirements for accountable institutions to comply with the section of the Financial Intelligence Centre Act whereby accountable institutions need to identify their existing clients by 30 June 2004.
Some of the accountable institutions, mainly banks, but also providers of investment services have had difficulties in meeting their obligations to know their existing customers. As a result they made submissions to me requesting exemptions.
I have decided to grant the banks an extension of time within which they will be required to do this. But such an extension will only be granted with certain strict conditions.
Banks will be required to submit a risk-based framework by the end of July to the Registrar of Banks for his consideration and approval.
Thereafter, banks will be required to complete verification in respect of categories of clients, according to a series of time frames. This process will be completed by 30 September 2006.
They are also required to make quarterly progress reports to the Registrar.
In addition to the banks, brokers and investment managers will be exempt for a period of 12 months until 30 June 2005, with certain similar conditions. These industries will report to the JSE Securities Exchange and the Registrar of Financial Markets.
I have also tasked the Financial intelligence Centre to liaise closely with the relevant Supervisory Bodies to ensure that accountable institutions meet their obligations.
Should accountable institutions not complete this verification of clients process and thereafter continue transacting with unidentified clients, they will face the possibility of 15 years imprisonment or a R10 million fine.
The extension affords the affected institutions a window of opportunity to obtain the required information while continuing to transact legally with their clients. This means that relations between clients and institutions will not be disrupted as from 1 July 2004, and the institutions will be able to continue doing business with their clients as normal without fear of breaking the law. The extension does not negate any provision of the legislation. The extension is simply a mechanism to ease the implementation of the legislation. The institutions have to make use of this additional period to obtain the information they may still need. For this they would still require the assistance of their clients in this process.
The Act intends to minimise the chances of money resulting from criminal activities being introduced into the financial system - for example, into banks and insurance companies, or being used to buy property. Money launderers view the financial system as a device to transfer the proceeds of their crime and to legitimise their activities. When they involve the financial system in money laundering schemes, they necessarily involve the institutions that provide access to the system. This can lead to the involvement of financial institutions in criminal activity, even if unknowingly. It can result in the erosion of public confidence of our financial institutions and undermine the stability of the system. If financial institutions are indifferent to this, it may cause them to suffer losses through fraud and the effects of being associated with criminals. None of us - not the banks, not ordinary citizens - want this to happen.
The Act therefore requires banks and other financial institutions to implement "Know your Customer" policies and procedures. The "know your customer" policies will help contribute to the overall safety and soundness of these institutions. They will also help to protect the integrity of the banks and prevent them from becoming vehicles for money laundering. Our aim is for as clean a financial system in this country as is possible.
In addition to this extension of the relevant time-frames I also discussed with the Council issues concerning the implementation of the legislation in general and the impact it has on their relationships with certain clients. We specifically discussed the issue of the impact this has on so-called low-risk clients. I have asked the Council to report back to me by October 2004 on options to adapt the current set of provisions in a way that will facilitate the provision of financial services to potential clients who are currently excluded therefrom, while preserving the need for compliance with the general requirements for financial institutions to know who they are doing business with.
It is my belief that all relevant institutions will continue working together to implement this legislation so that we minimise the risk of banks and other institutions being undermined by criminals and syndicates. I therefore call on all customers and clients to continue assisting their institutions to meet their obligations under the legislation.
The provisions I have outlined will be published shortly in the Government Gazette.
<fn>GOV-ZA.292371385En.2012-02-10.en.txt</fn>
(As introduced in the National Assembly (proposed section 75); explanatory summary of Bill published in Government Gazette No. 29169 of 31 August 2006).
To provide for the solemnisation of civil partnerships; the legal consequences of civil partnerships; the legal recognition of domestic partnerships; the enforcement of the legal consequences of domestic partnerships; and to provide for matters incidental thereto.
In this Act, unless the context otherwise indicates"Administration of Estates Act" means the Administration of Estates Act, 1965 (Act No.
at the date of the death of one of the domestic partners; "civil partner" means a partner in a civil partnership concluded in terms of this Act; 20 "civil partnership" means the voluntary union of two adult persons of the same sex that is solemnised and registered in accordance with the procedures prescribed in this Act to the exclusion, while it lasts, of all others; "civil union" means a civil partnership or a domestic partnership; "Compensation for Occupational Injuries and Diseases Act" means the 25 Compensation for Occupational Injuries and Diseases Act, 1993 (Act No.
Provided that there is no prcsumption that a contribution referred to in paragraph is of grcater valuc than a contribution referred to in paragraph (b); 40 "court" means, for purposes of Chapter 3 of this Act, a High Court or a family court established under section 2(k) of the Magistrates' Courts Act, 1944 (Act No.
heirlooms; "Identification Act" means the Identification Act, 1997 (Act No. 68 of 1997); "interested party" means any party with an interest, or who could reasonably be expected to have an interest, in the joint property of the domestic partners or the separate property of either of the domestic partners or in a partnership debt; "Intestate Succession Act" means the Intestate Succession Act, 1987 (Act No. 81 of 1987); "joint property" means household goods and property owned jointly in equal or unequal shares by the domestic partners; "Maintenance of Surviving Spouses Act" means the Maintenance of Surviving Spouses Act, 1990 (Act No. 27 of 1990); "maintenance order" means an order for the payment, including the periodical payment, by a domestic partner of sums of money towards the maintenance of the other domestic partner; "Marriage Act" means the Marriage Act, 1961 (Act No.
"Mediation in Certain Divorce Matters Act" means the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987); "Minister" means the Cabinet member responsible for the administration of Home Affairs; "partnership debt" means a debt that has been incurred, or to the extent that it has been incurred by the domestic partners jointly; or in the course of a common enterprise of the domestic partnership carried on by the partners, whether individually, together or with another person; or for the purpose of acquiring, improving, or maintaining joint property of the domestic partners; or for the benefit of both domestic partners in the course of managing the affairs of the common household; or for the purpose of bringing up any child of a domestic partnership; "periodic maintenance order" means an order for the payment of periodic sums of money by a domestic partner towards the maintenance of the other domestic partner; "prescribed" means prescribed by this Act or by regulation made under this Act; "property" includes any present, future or contingent right or interest in or to movable or immovable, corporeal or incorporeal property, money, a debt and a cause of action; "registered domestic partnership" means a relationship that has been registered as a domestic partnership under Chapter 3 of this Act; "registered partnership agreement" means a written agreement concluded between and undersigned by prospective registered domestic partners to regulate the financial matters pertaining to their partnership; "registration officer" means any person who has been designated to be a registration officer under section 17 of this Act; "separate property" means property of domestic partners that is not joint property; "termination certificate" means a certificate issued by a registration officer to the effect that a registered domestic partnership has been terminated in the manner provided for in Chapter 3 of this Act; "unregistered domestic partnership" means a relationship between two adult persons who live as a couple and who are not related by family.
The objectives of this Chapter are to regulate the solemnisation and registration of civil partnerships; and to provide for the legal consequences of the solemnisation and registration of civil partnerships.
This Chapter applies to civil partners joined in a civil partnership.
A marriage officer may solemnise a union between two adult persons of the same sex in accordance with the provisions of this Chapter.
Subject to this Chapter, a marriage officer has alI the powers as conferred upon him or her by the Marriage Act to solemnise a civil partnership in terms of this Chapter.
Any religious denomination or organisation may apply in writing to the Minister to be designated as a religious organisation that may solemnise civil partnerships.
The Minister may designate such a religious denomination or organisation as a religious institution that may solemnise civil partnerships under this Act, and must, from time to time, publish particulars of alI religious institutions so designated in the Gazette.
The Minister may, on request of any designated religious institution referred to in subsection (2), revoke the designation under that subsection and must publish such revocation in the Gazette.
The Minister and any officer in the public service authorised thereto by him or her may designate, upon receiving a written request from any minister of religion or any person holding a responsible position in any designated religious institution to be, as long as he or she is such a minister or occupies such position, a marriage officer for the purpose of solemnising civil partnerships in accordance with this Chapter and according to the rites of that religion.
Every designation of a person as a marriage officer under subsection (4) shall be by written instrument and the date as from which it shall have effect and any limitation to which it is subject shall be specified in such instrument.
The Minister and any officer in the public service authorised thereto by him or her may, upon receiving a written request from a person designated as a marriage officer under subsection (4), revoke in writing the designation of such person as a marriage officer for purposes of solemnising civil partnerships under this Chapter.
This Chapter does not, subject to subsection (2), compel a marriage officer to solemnise a civil partnership: Provided that such marriage officer has informed the Minister in writing that he or she objects on grounds of conscience to solemnising civil partnerships in terms of this Chapter.
Subsection (1) does not apply to marriage officers designated under sections of this Chapter.
No marriage officer may solemnise any civil partnership unless each of the parties in question produces to the marriage officer his or her identity document issued under the provisions of the Identification Act; or each of such parties furnishes to the marriage officer the prescribed affidavit; or one of such parties produces his or her identity document referred to in paragraph (a) to the marriage officer and the other furnishes to the marriage officer the affidavit referred to in paragraph (b).
A person may only be a partner in one civil partnership at any given time.
A married person may not register a civil partnership.
A prospective civil partner who has previously been married or registered as a partner in a civil partnership must present a certified copy of the divorce order or death certificate of the former spouse or partner, as the case may be, to the marriage officer as proof that the previous civil partnership or marriage has been terminated.
The marriage officer may not proceed with the solemnisation and registration of the civil partnership unless in possession of the relevant documentation referred to in subsection (3).
A civil partnership may only be registered by prospective civil partners who would, apart from the fact that they are of the same sex, not be prohibited by law from concluding a marriage.
Any person desiring to raise any objection to any proposed civil partnership shall lodge such objection in writing with the marriage officer who is to solemnise such civil partnership.
Upon receipt of any such objection the marriage officer concerned shall inquire into the grounds of the objection and if he or she is satisfied that there is no lawful impediment to the proposed civil partnership, he or she may solemnise the civil partnership.
If he or she is not so satisfied he or she must refuse to solemnise the civil partnership and record the reasons for such refusal in writing.
A marriage officer may solemnise and register a civil partnership at any time on any day of the week, but is not obliged to solemnise a civil partnership at any other time than between the hours of eight in the morning and four in the afternoon.
A marriage officer must solemnise and register a civil partnership in a public office or private dwelling-house or on the premises used for such purposes by the marriage officer, with open doors and in the presence of the parties themselves and at least two competent witnesses, but the foregoing provisions of this subsection do not prohibit a marriage officer to solemnise a civil partnership in any place other than a place mentioned herein, if the civil partnership must be solemnised in such other place by reason of the serious or longstanding illness of, or serious bodily injury to, one or both of the parties.
No person is competent to enter a civil partnership in terms of this Chapter through any other person acting as his or her representative.
A marriage officer must inquire as to whether the parties appearing before him or her would prefer their civil partnership to be referred to as a civil partnership or a marriage during the solemnisation ceremony and must thereupon proceed by solemnising the civil partnership in accordance with the provisions of this section and in accordance with the wishes of both parties, if they are in agreement, referring to either a civil partnership or a marriage in reading the formula. If the parties are not in agreement, the marriage officer must, in reading the formula, refer to a civil partnership.
'Do you, AB., declare that as far as you know there is no lawful impediment to your proposed civil partnership/marriage with C.O. here present, and that you call all here present to witness that you take C.O. as your lawful civil partner/spouse', and thereupon the parties must give each other the right hand and the marriage officer concerned must declare the civil partnership/marriage solemnised in the following words?
'I declare that A B. and C.O. here present have been lawfully joined in a civil partnership/marriage.'.
If the provisions of this section relating to the questions to be put to each of the parties separately or to the declaration whereby the civil partnership/marriage shall be declared to be solemnised or to the requirement that the parties must give each other the right hand have not been strictly complied with owing to an error, omission or oversight committed in good faith by the marriage officer; or an error, omission or oversight committed in good faith by the parties; or the physical disability of one or both of the parties, and such civil partnership/marriage has in every other respect been solemnised in accordance with the provisions of this Chapter, that civil partnership/marriage shall, provided there was no other lawful impediment thereto, be valid and binding.
The prospective partners must individually and in writing declare their willingness to enter into the civil partnership with one another by signing the prescribed document in the presence of two witnesses.
The marriage officer and the two witnesses must sign the prescribed document to certify that the declaration made under section 11(2) was made in their presence.
The marriage officer must issue the partners to the civil partnership with a registration certificate stating that they have entered into a civil partnership.
This certificate is prima facie proof that a valid civil partnership exists between the parties referred to in the certificate.
Each marriage officer must keep a record of all civil partnerships solcmnised by him or her.
The marriage officer must forthwith transmit the civil partnership register and records concerned to the official in the public service with the delegated responsibility for the population register in the area in question.
Upon receipt of the said register the official referred to in subsection (6) must cause the particulars of the civil partnership concerned to be included in the population register in accordance with the provisions of section 8(e) of the Identification Act.
The legal consequences of a marriage apply, with such changes as may be required by the context, to a civil partnership.
marriage in any other law, including the common law, includes, with such changes as may be required by the context, a civil partnership as defined in this Act; and husband, wife or spouse in any other law, including the common law, includes a civil partner as defined in this Act.
protection of the interests of both domestic partners and interested parties on the termination of domestic partnerships; and final determination of the financial relationships between domestic partners and between domestic partners and interested parties when domestic partnerships terminate.
This Chapter applies to relationships between domestic partners and between either one or both domestic partners and another party or other parties.
A person may be a partner in only one registered domestic partnership at any given time.
A person who is married, a partner in a civil partnership or a partner in any other registered domestic partnership may not register a domestic partnership.
termination certificate; or death certificate of the former spouse or registered partner, as proof that the previous marriage, civil partnership or registered domestic partnership has been terminated.
Persons who would be prohibited by law from concluding a marriage on the basis of consanguinity may not register a domestic partnership.
A relationship may only be registered as a domestic partnership if at least one of the prospective partners is a South African citizen.
The Minister and any officer in the public service authorised thereto by him or her may designate any officer or employee in the public service or the diplomatic or consular service of the Republic to be a registration officer, either generally or for any specified area, by virtue of his or her office and so long as he or she holds such office.
Every designation of a person as a registration officer must be in writing and the date as from which it will have effect and any limitation to which it is subject must be specified in such a written document.
Subject to section 16, any two persons may register their relationship as a 5 domestic partnership as provided for in this section.
A registration officer must conduct the registration procedure on the official premises designated for that purpose and in the manner provided for in this section.
The prospective partners must individually and in writing declare their willingness to register their domestic partnership by signing the prescribed document in the presence of the registration officer.
The registration officer must sign the prescribed document to certify that the declaration referred to in subsection (3) was made voluntarily and in his or her presence.
The registration officer must make notification of the existence of a registered domestic partnership agreement, where applicable, on the registration certificate.
The registration officer must issue the partners with a registration certificate stating that they have registered their domestic partnership and, where applicable, attach a certified copy of the registered domestic partnership agreement to the registration certificate.
The registration certificate issued by the registration officer is prima facie proof of the existence of a registered domestic partnership between the partners.
Each registration officer must keep a register of all registrations of domestic partnerships conducted by him or her and make a notification of the existence of a registered domestic partnership agreement, where applicable, in the register.
The registration officer must forthwith transmit the said register to the officer in the 25 public service with the delegated responsibility for the population register in his or her district of responsibility.
Upon receipt of the said register the delegate must cause the particulars of the registered domestic partnership concerned to be included in the population register in accordance with the provisions of section 8(e) of the Identification Act.
Except as provided in this section, there is no general community of property between partners in a registered domestic partnership.
In the event of a dispute regarding the division of property after a registered domestic partnership has ended, section 34 applies.
Registered partners may conclude a registered domestic partnership agreement.
(6), and where no notification of the existence of such a registered domestic partnership agreement has been made as required in section 18(8), such agreement binds only the parties to the agreement.
In proceedings regarding the division of property between registered partners under this Chapter, a court may consider the fact that the parties have concluded a 45 registered domestic partnership agreement and the terms thereof, provided that the registered domestic partnership agreement has been noted on and attached to the registration certificate.
Ifthe court, having regard to all the circumstances, is satisfied that giving effect to a registered domestic partnership agreement would cause serious injustice, it may set aside the registered domestic partnership agreement or parts thereof.
whether the registered domestic partnership agreement was unfair or unreasonable in the light of all the circumstances at the time it was made; (d) whether the registered domestic partnership agreement has become unfair or unre!lsonable in the light of any changes in circumstances since it was made, and whether those changes were foreseen by the parties, or not; (e) the fact that the parties wished to achieve certainty as to the status, ownership, and division of property by entering into the registered domestic partnership agreement; (f) the contributions of the parties to the registered domestic partnership; and (g) any other matter that the court considers relevant. (4) A court may make an order under this section notwithstanding that the registered domestic partnership agreement purports to exclude the jurisdiction of the court to make that order. (5) A court must decide any other matter regarding a registered domestic partnership agreement on the applicable principles of the law of contract.
Registered partners owe each other a duty of support in accordance with each partner's financial means and needs.
A registered partner may not without the consent of the other registered partner sell, donate, mortgage, let, lease or otherwise dispose of joint property.
Both registered partners are entitled to occupy the family home during the existence of the registered domestic partnership, irrespective of which of the registered partners owns or rents the property. (2) The registered partner who owns or rents the family home may not evict the other registered partner from the family home during the existence of the registered domestic partnership without providing him or her with suitable alternative accommodation.
A registered domestic partnership terminates upon(a) the death of one or both registered partners; (b) agreement by the partners; or (c) a court order to terminate the registered domestic partnership, as provided for in this Chapter. (2) A death certificate, termination certificate issued under this Chapter or a termination order made by the court under this Chapter is prima facie proof that such a registered domestic partnership has ended.
A registration officer must conduct the termination procedure on the official premises used for that purpose and in the manner provided for in this section. (2) Registered partners who intend to terminate their domestic partnership must present the registration officer with a certified copy of the registration certificate as proof that a registered domestic partnership exists between them.
Registered partners must individually and in wntmg declare their desire to terminate the registered domestic partnership by signing the prescribed document in the presence of a registration officer.
The registration officer must issue the registered partners with a certificate stating that their domestic partnership has been terminated and make a notification of the existence of a termination agreement, where applicable, on the certificate.
Each registration officer must keep a register of all registered domestic partnerships terminated by him or her and make a notification of the existence of a termination agreement, where applicable, in the register.
The registration officer must forthwith transmit the said register and documents concerned to the officer in the public service with the delegated responsibility for the population register in his or her district of responsibility.
Upon receipt of the said register the delegate must cause the particulars of the terminated domestic partnership to be included in the population register in accordance with the provisions of section 8(e) of the Identification Act.
Registered partners who want to terminate their registered domestic partnership as provided for in section 25, may conclude a termination agreement to regulate the financial consequences of the termination of their registered domestic partnership.
A termination agreement must be in writing, signed by both registered partners and must declare that it is entered into voluntarily by both partners.
arrangements regarding the family home; and any other matter relevant to the financial consequences of the termination of the registered domestic partnership.
Registered partners who have minor children from the registered domestic partnership and who intend to terminate the registered domestic partnership must apply to the court for a termination order.
An application for the termination of a registered domestic partnership must be made to the court in accordance with the provisions of the Supreme Court Act, 1959 (Act No. 59 of 1959).
A court may not order the termination of a registered domestic partnership unless the court is satisfied that the provisions made or contemplated with regard to the welfare of any minor child or dependent child of the registered domestic partnership are in the best interests of such child.
In order to determine that the circumstances set out in subsection (1) exist, the court may order that an investigation be instituted and for that purposes the provisions of section 4 of the Mediation in Certain Divorce Matters Act apply, with the changes required by the context.
Before making the termination order, the court must consider the report and recommendations referred to in section 4(1) of the Mediation in Certain Divorce Matters Act.
In order to determine that the circumstances set out in subsection (1) exist, the court may order any person to appear before it and may order either or both the registered partners to pay the costs of an investigation and appearance.
A partner in a registered domestic partnership is not excluded from instituting a delictual claim for damages based on the wrongful death of the other partner merely on the ground that the partners have not been legally married.
A partner in a registered domestic partnership is a dependant for purposes of the Compensation for Occupational Injuries and Diseases Act. 5 to either parent the sole guardianship or the sole custody of the minor, and the court may order that, on the predecease of the parent to whom the sole guardianship of the minor is granted, a person other than the surviving parent must be the guardian of the minor, either jointly with or to the exclusion of the surviving parent. (6) Unless otherwise ordered by a court, the rights of and obligations towards children of a registered partner under any other law are not affected by the termination of the registered domestic partnership. (7) For the purposes of this section the court may appoint a legal practitioner to represent a child at the proceedings and may order either or both the registered partners to pay the costs of the representation.
Where a child is born into a registered domestic partnership between persons of the opposite sex, the male partner in the registered domestic partnership is deemed to be the biological father of that child and has the legal rights and responsibilities in respect of that child that would have been conferred upon him if he had been married to the biological mother of the child.
In the absence of an agreement, a court may, after termination of a registered domestic partnership as provided in section 24(1)(b) and (c), upon application, make an order which is just and equitable in respect of the payment of maintenance by one registered partner to the other for any specified period or until the registered partner in whose favour the order is given(a) dies; (b) marries; (c) enters into a civil partnership; or (d) enters into a registered domestic partnership, whichever event occurs first. (2) When deciding whether to order the payment of maintenance and the amount and nature of such maintenance, the court must have regard to the(a) respective contributions of each partner to the registered domestic partnership; (b) existing and prospective means of each of the registered partners; (c) respective earning capacities, future financial needs and obligations of each of the registered partners; (d) age of the registered partners; (e) duration of the registered domestic partnership; (fJ standard of living of the registered partners prior to the termination of the registered domestic partnership; and (g) any other factor which in the opinion of the court should be taken into account.
For purposes of this Chapter, a reference to "spouse" in the Maintenance of Surviving Spouses Act must be construed to include a registered partner.
For purposes of this Chapter, a reference to "spouse" in the Intestate Succession Act must be construed to include a registered partner. 45 33. (1) For the purpose of claiming damages in a delictual claim, partners in a registered domestic partnership are deemed to be spouses in a legally valid marriage.
In the event of a dispute regarding the division of property after a registered domestic partnership has ended, one or both registered partners may apply to a court for 10 an order to divide their joint property or the separate property, or part of the separate property of the other registered partner.
Upon an application for the division of joint property, a court must order the division of that property which it regards just and equitable with due regard to all relevant factors.
Upon an application for the division of separate property or part of the separate property, a court may order that the separate property or part of the separate property of the other registered partner as the court regards just and equitable be transferred to the applicant.
the existence and terms of a registered domestic partnership agreement, if any; and any other relevant factors.
A court granting an order contemplated in subsection (3) must be satisfied that it 30 is just and equitable to do so by reason of the fact that the registered partner in whose favour the order is granted made direct or indirect contributions to the maintenance or increase of the separate property or part of the separate property of the other registered partner during the subsistencc of the registered domestic partnership.
A court granting an order contemplated in subsection (3) may, on application by 35 the registcred partner against whom the order is granted, order that satisfaction of the order be deferred on such conditions, including conditions relating to the furnishing of security, the payment of interest, the payment of instalments and the delivery or transfer of specified assets, as the court regards just and equitable.
Except as otherwise provided by this section, an application to a court for an order under section 34 must be made not later than two years after the termination of the registered domestic partnership.
A court may, at any time after the cxpiration of the period referred to in subsection 45 (1), grant leave to an applicant to apply to the court for an order under section 33, where the court is satisfied, having regard to such matters as it considers relevant, that greater hardship would be caused to that applicant if the leave were not granted than would be caused to the respondent if the leave were granted.
Notification of termination of a registered domestic partnership 50 36. (1) When a registered domestic partnership is terminated, both registered partners arc liable to give written notice of the termination to interested parties.
When one or both registered partners die, the surviving registered partner or the executor of the estate of either registered partner is liable to give written notice of the termination of the registered domestic partnership to interested parties.
A court considering an application under this Chapter must have regard to the interests of a bona fide purchaser of, or other person with an interest or vested right in, property concerned. (2) A court may make any order proper for the protection of the rights of interested parties.
One or both unregistered partners may, after the unregistered domestic partnership has ended through death or separation, apply to a court for a maintenance order, an intestate succession order or a property division order. (2) When deciding an application for an order under this Chapter, a court must have regard to all the circumstances of the relationship, including such of the following matters as may be relevant in a particular case(a) the duration and nature of the relationship; (b) the nature and extent of common residence; (c) the degree of financial dependence or interdependence, and any arrangements for financial support, between the unregistered partners; (d) the ownership, use and acquisition of property; (e) the degree of mutual commitment to a shared life; (f) the care and support of children of the domestic partnership; (g) the performance of household duties; (h) the reputation and public aspects of the relationship; and (i) the relationship status of the unregistered partners with third parties. (3) A finding in respect of any of the matters mentioned in subsection (2), or in respect of any combination of them, is not essential before a court may make an order under this Chapter, and regard may be had to further matters and weight be attached to such matters as may seem appropriate in the circumstances of the case. (4) A court may not make an order under this Chapter regarding a relationship of a person who, at the time of that relationship, was also in a civil marriage, civil partnership or registered domestic partnership with a third party. (5) A court may only make an order under this Chapter regarding a relationship where at least one of the parties to the relationship is a South African citizen or has a certificate of naturalisation in respect of South Africa.
Unregistered partners are not liable to maintain one another and neither partner is entitled to claim maintenance from the other, except as provided in this Chapter.
A court may, after the separation of unregistered partners upon application of one or both of them, make an order which is just and equitable in respect of the payment of maintenance by one unregistered partner to the other for a specified period. (2) When deciding whether to order the payment of maintenance and the amount and nature of such maintenance, the court must have regard to the age of the unregistered partners, the duration of the unregistered domestic partnership and the standard of living of the unregistered partners prior to separation, as well as the following matters(a) the ability of the applicant to support himself or herself adequately in view of him or her having custody of a minor child of the domestic partnership; (b) the respective contributions of each unregistered partner to the domestic partnership; (c) the existing and prospective means of each unregistered partner; (d) the respective earning capacities, future financial needs and obligations of each unregistered partner; 40 45 50 customary marriage of one or both unregistered partners, where applicable, in so far as they are connected to the existence and circumstances of the unregistered domestic partnership, and any other factor which in the opinion of the court should be taken into account.
A surviving unregistered partner may after the death of the other unregistered partner, bring an application to a court for an order for the provision of his or her reasonable maintenance needs from the estate of the deceased until his or her death, remarriage or registration of a registered domestic partnership, in so far as he or she is not able to provide therefor from his or her own means and earnings.
The surviving unregistered partner does not, in respect of a claim for maintenance, have a right of recourse against any person to whom money or property has been paid, delivered or transferred in terms of section 34(11) or 35(12) of the Administration of Estates Act, or pursuant to an instruction of the Master in terms of section 18(3) or 25(1)(a)(ii) of that Act.
in the event of a conflict between the interests of the surviving unregistered partner in his or her capacity as claimant against the estate of the deceased and the interests in his or her capacity as guardian of a minor dependent child of the domestic partnership, the court must make an order that it regards just and equitable with reference to all the relevant circumstances of the unregistered domestic partnership; and the executor of the estate of a deceased spouse has the power to enter into an agreement with the surviving unregistered partner and the heirs and legatees having an interest in the agreement, including the creation of a trust, and in terms of the agreement to transfer assets of the deceased estate or a right in the assets to the surviving unregistered partner or to impose an obligation on an heir or legatee in settlement of the claim of the surviving unregistered partner or part thereof.
the existence and circumstances of multiple relationships between the deceased and an unregistered partner, and between the deceased and a customary spouse; and any other factor that it regards relevant.
Where an unregistered partner dies intestate, his or her surviving unregistered partner may bring an application to a court, subject to subsections (2) and (3), for an order that he or she may inherit the intestate estate.
Where the deceased is survived by an unregistered partner as well as a descendant, such unregistered partner inherits a child's share of the intestate estate or so much of the intestate estate as does not exceed in value the amount fixed from time to time by the Cabinet member responsible for the administration of Justice by notice in the Gazette, whichever is the greater, as provided for in the Intestate Succession Act.
In the event of a dispute between a surviving unregistered partner and the customary spouse of a deceased partner regarding the benefits to be awarded, a court may, upon an application by either the unregistered partner or the customary spouse, make an order that it regards just and equitable with reference to all the relevant circumstances of both relationships.
In the absence of agreement, one or both unregistered partners may apply to court for an order to divide their joint property or the separate property, or part of the separate property of the other unregistered partner.
Upon an application for the division of joint property, a court must order the division of that property which it deems just and equitable with due regard to all relevant factors.
Upon an application for the division of separate property or part of the separate property, a court may order that the separate property or such part of the separate property of the other unregistered partner as the court regards just and equitable be transferred to the applicant.
A court granting an order contemplated in subsection (3) must be satisfied that it is just and equitable to do so by reason of the fact that the unregistered partner in whose favour the order is granted, made direct or indirect contributions to the maintenance or increase of the separate property or part of the separate property of the other party during the existence of the unregistered domestic partnership.
A court granting an order contemplated in subsection (3) may, on application by the unregistered partner against whom the order is granted order that satisfaction of the order be deferred on such conditions, including conditions relating to the furnishing of security, the payment of interest, the payment of instalments and the delivery or transfer of specified assets, as the court regards just and equitable.
A court may make any order proper for the protection of the rights of interested parties.
any other relevant factors.
Except as otherwise provided by this section, an application to a court for an order under this Chapter must be made not later than two years after the date on which an unregistered domestic partnership has been terminated through separation or death.
A court may, at any time after the expiration of the period referred to in subsection (1), grant leave to an applicant to apply to the court for an order under this Chapter, where the court is satisfied, having regard to such matters as it considers relevant, that greater hardship would be caused to that applicant if the leave was not granted than would be caused to the respondent if the leave were granted.
Any marriage officer who purports to solemnise a civil partnership which he or she is not authorised under this Act to solemnise or which to his or her knowledge is legally prohibited, and any person not being a marriage officer who purports to solemnise a civil partnership, shall be guilty of an offence and liable on conviction to a fine or, in default of payment, to imprisonment for a period not exceeding twelve months. (2) Any marriage officer who demands or receives any fee, gift or reward for or by reason of anything done by him or her as marriage officer in terms of this Act shall be guilty of an offence and liable on conviction to a fine or, in default of payment, to imprisonment for a period not exceeding six months. (3) Any(a) marriage officer who knowingly solemnises a civil partnership; or (b) registration officer who knowingly registers a domestic partnership, in contravention of the provisions of this Act, shall be guilty of an offence and liable on conviction to a fine or, in default of payment, to imprisonment for a period not exceeding six months. (4) Any person who makes for any of the purposes of this Act, any false representation or false statement knowing it to be false, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for perjury.
The Minister may make regulations as to-(a) the form and content of certificates, notices, affidavits and declarations for the purposes of this Act; (b) the fees payable for any certificate issued or any act performed in terms of this Act; and (c) generally, any matter which by this Act is required or permitted to be prescribed or which he or she considers necessary or expedient to prescribe in order that the purposes of this Act may be achieved or that the provisions of this Act may be effectively administered. (2) Such regulations may prescribe penalties for a contravention thereof(a) of a fine not exceeding the amount that, in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991), may be imposed as an alternative to imprisonment for a period of six months; or (b) in lieu of payment of a fine referred to in paragraph (a), of imprisonment for a period not exceeding six months.
This Act is called the Civil Union Act, 2006, and comes into operation on a date fixed by the President by proclamation in the Gazette.
(Doctors for Life International and Others, Amici Curiae); Lesbian and Gay Equality declared that the definition of marriage under the common law and the marriage formula as set out in section 30(1) of the Marriage Act, 1961 (Act No. 25 of 1961), were declared that the definition of marriage under the common law and the marriage formula inconsistent with the Constitution and invalid to the extent that they failed to provide the as set out in section 30(1) of the Marriage Act, 1961 (Act No. 25 of 1961), were means whereby same-sex couples could enjoy the status and the benefits coupled with inconsistent with the Constitution and invalid to the extent that they failed to provide the the responsibilities that marriage accorded to heterosexual couples.
Parliament to correct theses defects in the law by 1 December 2006, failing which the responsibilities that marriage accorded to heterosexual couples. The Court ordered section 30(1) of the Marriage Act, 1961 (Act No.
Parliament to correct theses defects in the law by 1 December 2006, failing which the words "or spouse" after the words "or husband". In arriving at its decision the Court section 30(1) of the Marriage Act, 1961 (Act No. 25 of 1961), will be read as including considered the two options proposed by the South African Law Reform Commission the words "or spouse" after the words "or husband". In arriving at its decision the Court and concluded that these were two firm proposals for legislative action, but it stated considered the two options proposed by the South African Law Reform Commission further that this does "not, however, necessarily exhaust the legislative paths which and concluded that these were two firm proposals for legislative action, but it stated could be followed to correct the defect".
Constitutional Court's judgment in the Fourie-case.
could be followed to correct the defect. The Bill was drafted in response to the Constitutional Court's judgment in the Fourie-case.
a domestic partnership between partners in a permanent relationship, whether into a civil or marriage, but with legal consequences provided for of a heterosexual or homosexual nature, who do not wish to marry or enter in the Bill.
into a civil partnership or marriage, but with legal consequences provided for in the Bill.
Department of Justice and Constitutional Development; and completing their report.
The South African Law Reform Commission consulted extensively before completing their report.
There will be financial implications with regard to the solemnisation (i.e. designation and training of registration officers) and registration (i.e.
There will be financial implications with regard to the solemnisation (i.e. designation registration systems and forms) of civil unions and domestic partnerships.
and training of registration officers) and registration (i.e. development of new registration systems and forms) of civil unions and domestic partnerships.
75 of the Constitution since it contains no provision to which the procedure set out in that this Bill must be dealt with in accordance with the procedure established by section section 74 or 76 of the Constitution applies.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill section 74 or 76 of the Constitution applies.
Traditional Leadership and Governance Framework Act, 2003 (Act No.
Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), communities.
since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.292371386En.2012-02-10.en.txt</fn>
BiLL pubLished in Government Gazette No.
To amend the Films and Publications Act, 1996, so as to insert certain definitions; to amend the composition and provide for the functions and powers of the Board; to provide for the appointment and powers of compliance officers; to provide for the composition, functions, powers and management of the classification office; and to repeal certain Schedules to the Act; and to provide for matters connected therewith.
Amendment of section 1 ofAct 65 of 1996, as amended by section 1 ofAct 34 of 1999 and section 1 ofAct 18 of 2004 1.
by the insertion after the definition of "classification committee" of the following definition: " 'classification office' means the office established by the Board in 15 terms of section 4A(1)(e);"; and by the insertion after the definition of "film" of the following definition: " 'interactive computer game' means a computerised game in which the way the game proceeds and the results achieved at various stages of the game are determined in response to the decisions, inputs and direct 20 involvement of the player;".
Substitution of section 2 of Act 65 of 1996, as substituted by section 2 of Act 34 of 1999 2.
The objects of this Act shall be t(}(a) regulate the creation, production, possession, broadcasting and distribution of certain publications, [and certain] films and interactive computer games by means of c1assification[, the imposition of age restrictions and the giving of consumer advice, due regard being had in particular to the protection of] to protect children from exposure to disturbing, harmful or age-inappropriate materials and against sexual exploitation or degradation in publications, films, interactive computer games, on mobile cellular telephones and on the Internet; and (b) make the [exploitative] use of children in pornographic publications, films, interactive computer games, on mobile cellular telephones or on the Internet, punishable..
Amendment of section 4 of Act 65 of 1996, as amended by section 2 ofAct 18 of 2004 3. Section 4 of the principal Act is hereby amended(a) by the substitution for the heading of the following heading: "[Constitution] Composition of Board"; (b) by the substitution in subsection (1) for paragraph (b) of the following paragraph: "(b) the chief executive officer and such number of (senior personnel, chief examiners and examiners] members as the Minister may determine having regard to the [likely volume of applications and complaints which will be submitted to the Board in terms ofthis Act] need to ensure that the membership of the Board is broadly representative of the South Mrican community and relevant stakeholders."; (c) by the deletion of subsection (3); and (d) by the substitution for subsection (4) of the following subsection: "(4) Decisions of the Board land executive committee] shall be taken by a majority of votes, and in the case of an equality of votes the chairperson of the meeting shall have a casting vote.".
Insertion of section 4A in Act 65 of 1996 4.
4A. (1) The Board shall(a) in consultation with the Minister, issue directives of general application in accordance with matters of national policy consistent with the purpose of this Act; (b) establish controls for fiuancial management and accountability within which the classification office contemplated in section 9A must function; (c) determine and issue a Code of Conduct for members of the Board; (d) provide public support for the organisation; (e) establish classification office and appoint, in consultation with the Minister with regard to terms and conditions of employment, officers to manage the classification office; (j) determine the qualifications, experience, terms and conditions of employment of classifiers and appoint such number as may be required, having regard to the likely volume of applications and submissions that will be madc to thc Board in terms of this Act; 40 45 50 review, at least four times a year, the administration and management of the classification office to ensure that the objects of the Act are implemented efficiently and that the classification office discharges its obligations and responsibilities in accordance with this Act; and exercise and perform such other functions, powers and duties as are conferred or imposed on the Board by or under this Act or any other law.
When making an appointment in terms of subsection (1)(e), the Board shall have regard not only to the person's personal attributes and integrity, but also to the person's qualifications, knowledge and experience in different aspects of matters likely to come before the classification office.
When making an appointment in terms of subsection (l)(f), the Board shall ensure broad representation of the South African community in terms of race, ethnicity, gender and religion and may invite the public to nominate persons who may be considered suitable candidates for appointment as classifiers.
Meetings of the Board shall be convened by the chief executive officer at the request of or in consultation with the chairperson and shall be held at the premises of the Board unless, for bona fide reasons, the chairperson directs that a meeting be held at another venue.
Amendment of section 5 ofAct 65 of 1996, as amended by section 3 ofAct 18 of 2004 5.
Insertion of section SA in Act 65 of 1996 6.
SA. The Appeal Board shall hear and determine any appeal lodged in terms of this Act; and have the powers necessary to determine the procedures and forms for the submission of appeals and the procedures to be followed at the hearing of appeals submitted to it.
"(3) The Minister[,] or the advisory panel may invite members of the public to [propose] nominate persons [who may be considered] for appointment.".
Amendment of section 7 of Act 65 of 1996, as amended by section 36 of Act 12 of 2004 8.
"(i) in the Republic, of theft, fraud, forgery and uttering a forged document, perjury, or any offence under the Prevention of Corruption Act, 195R (Act No.6 of 1958), the Corruption Act, 1992 (Act No. 94 of 1992), or Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 20(4);".
[Review] Appeal Board, issues a certificate to that effect..
Insertion of section 9A in Act 65 of 1996 10.
9A. (1) The classification office shall consist ofthe chief executive officer 10 and the number of officers determined by the Board having regard to the functions, powers and responsibilities of the classification office.
generally any other ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.
The classification office shall have all the powers reasonably necessary to enable it to carry out the duties and exercise the functions necessary for the effective achievement of the objects of this Act.
providing help and assistance with programme development and management; (j) the submission of the annual report and financial statements as prescribed by the Public Finance Management Act, 1999 (Act No.1 of 1999), and Treasury Regulations. (5) The chief executive officer may delegate any power conferred on him or her..
Substitution of section 10 of Act 65 of 1996 11.
"Classification committees 10 10. (1) The [executive committee] classification office shall appoint so many classification committees as often as may be necessary, each of which shall consist of [a chief examiner, designated by the executive committee, and at least one examiner, so designated,] at least three classifiers, one of whom shall be designated the chairperson to perform or carry out with regard to films and publications, referred to them by the chief executive officer in terms of sections 16(3) and 18(2), the functions and duties assigned to or imposed on them in terms of sections 16~ and 18Q1. [(2) Decisions of a classification committee shall be taken by a m;yority of votes: Provided that where a committee consists of two members only, the executive committee shall in a case where those members differ with regard to the decision which should be taken by the classification committee, appoint a third member to that committee so as to enable the committee to come to a decision. (3)] illA decision of a classification committee shall for the purposes of this Act be deemed to be a decision of the Board.".
Amendment of section 13 of Act 65 of 1996 12. Section 13 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: "(2) The chief executive officer shall be the accounting officer [in respect of all money referred to in subsection (1)].".
Insertion of section 15A in Act 65 of 1996 13.
order that films, interactive computer games and publications being offered for sale or hire that do not comply with the requirements of this Act or any decision of the Board with regard to the distribution of that film, interactive computer game or publication be removed from any display or offer for sale or hire until such products comply with the requirements of this Act or any decision of the Board with regard to their distribution.
Substitution of section 16 ofAct 65 of 1996 14.
Any person may request, in the prescribed manner, that a publication which is to be or is being distributed in the Republic be classified in terms of this section.
incitement to imminent violence; or the advocacy of hatred based on any identifiable group characteristic, shall submit in the prescribed manner such publication for examination and classification to the classification office before such publication is distributed, exhibited, offered or advertised for distribution or exhibition.
The chief executive officer shall refer any publication submitted to the classification office under subsections (1) or (2) to a classification committee consisting of at least three classifiers, one of whom shall be designated as chairperson, for examination and classification of the publication.
if the publication contains visual presentations, descriptions or representations which may be disturbing or harmful to or age inappropriate for children, classify that publication, with reference to the relevant guidelines, by the imposition of appropriate age restric tions and such other conditions as may be necessary to protect children 15 in the relevant age categories from exposure to such materials.
Repeal of section 17 of Act 65 of 1996 15. Section 17 of Act 65 of 1996 is hereby repealed.
submit for examination and classification any film or interactive computer game that has not been classified, exempted or approved in terms of this Act or the Publications Act, 1974 (Act No. 42 of 1974).
The chief executive officer shall refer any film or interactive 35 computer game submitted to the Board under subsection (l)(b) to a classification committee consisting of at least three classifiers, one of whom shall be designated as chairperson, for examination and classification.
the explicit effects of extreme violence, unless, in respect of the film, judged within context, the film is a bona fide documentary or is a film of scientific, dramatic or artistic merit, in which event the publication shall be classified with reference to the relevant guidelines relating to the protection of children from exposure to disturbing, harmful and age-inappropriate materials; or if the film or interactive computer game contains scenes which may be disturbing or harmful to or age-inappropriate for children, classify that 15 film or interactive computer game with reference to the relevant guidelines issued by the Board by the imposition of appropriate age restrictions and such other conditions as may be necessary to protect children in the relevant age categories from exposure to such materials.
Where a film or interactive computer game has been classified as a "refused classification" or has been classified as XX or X18, the chief executive officer shall cause the classification decision to be published by notice in the Gazette, together with the reasons for the decision.".
Insertion of sections 18A and 18B in Act 65 of 1996 25 17.
18A. (1) Where a film, interactive computer game or publication has been classified or exempted from classification in terms of this Act, it must if it is a film or interactive computer game approved for sale or hire, display the following certificate conspicuously and clearly visible on or through the cover or packaging of the cassette or holder of the film or interactive computer game: CERTIFICATE OF ClASSIFICATION 35 Certificate of Classification No.
Classification and consumer advice; or any other condition aimed at the protection of children; and if it is a film approved for exhibition in public, on all advertisements and illustrated exhibitions associated with that film, display the classification, consumer advice and any other condition imposed by 45 the Board with respect to the exhibition of that film in public.
The Board may prescribe by regulations the format, including size and design, as well as the manner of the display of certificates of classification on films, interactive computer games and publications approved for distribution.
18B. Any person may, after a period of two years from the date when a film, interactive computer game or publication was first examined and classified in terms of this Act, apply, in the prescribed manner, for a less restrictive classification of that film, interactive computer game or 55 pu blication.
Repeal of section 19 of Act 65 of 1996 18. Section 19 of the principal Act is hereby repealed.
Amendment of section 20 of Act 65 of 1996, as amended by section 6 of Act 34 of 1999 and section 8 of Act 18 of 2004 19. Section 20 of the principal Act is hereby amended(a) by the substitution for subsection (1) of the following subsection: "(1) Any person who has applied for the classification of a film, interactive computer game or publication or any person who has lodged a complaint with the Board that a publication be referred for examination and classification or any person who has applied for registration as a distributor or exhibitor of films or any person who is the subject of a decision rendered by the Board in respect of any matter in tenns of this Act may appeal against the decision or finding of the Board to the Appeal Board in the prescribed manner."; (b) by the substitution for subsection (3) of the following subsection: "(3) The [Review] Appeal Board may refuse the appeal and confirm the decision in question, or allow the appeal, either wholly or in part, and give such decision as the Board [or executive committee] should in its view have given, and amend the classification of the [publication or] film, interactive computer game or publication, specifying the [clause] section of [Schedule 1 or 6] the Act upon which the classification is in terms of its decision based, and may impose other conditions in respect of the distribution or exhibition of the [publication or] film, interactive computer game or publication."; and (c) by the substitution for subsection (4) of the following subsection: "(4) The chief executive officer shall in the case of a successful appeal against a decision whereby an application for registration, exemption, a permit or licence is refused, issue the requisite certificate of registration, exemption, permit or licence, subject to the conditions, if any, imposed by the [Review] Appeal Board.".
Repeal of section 21 ofAct 65 of 1996 20. Section 21 of the principal Act is hereby repealed.
Amendment of section 22 of Act 65 of 1996 21. Section 22 of the principal Act is hereby amended(a) by the substitution for subsection (1) of the following subsection: "(1) The [executive committee] Board may on receipt of an application in the prescribed form, subject to such conditions as it may deem fit, exempt in writing any person or institution from [sections 25, 27 and 28] section 24A or 24B if it has good reason to believe that bona fide purposes will be served by such an exemption."; (b) by the substitution for subsection (2) of the following subsection: "(2) Where the [executive committee] Board after due inquiry has good reason to believe that the conditions of an exemption are not complied with or that the bonafide purposes are no longer present, it may withdraw the exemption."; and (c) by the deletion of subsection (3).
Amendment of section 23 ofAct 65 of 1996 22. Section 23 of the principal Act is hereby amended(a) by the substitution for subsection (1) of the following subsection: "(1) The provisions of section [26(1)(a) and (b)] 24A(I), (2)(a) and ill shall not prohibit the exhibition of any film or interactive computer game to any person in the course of his or her business as a distributor of films or interactive computer games, or to the representative of such distributor acting for the purposes of such business."
"(2) The [executive committee] Board may in its discretion and subject to such conditions as it may deem fit to impose, either by means of a permit, issued in the prescribed fonn, or by notice in the Gazette, exempt from [section 26] classification any particular film, any particular class of films, or any film intended for exhibition to a particular group of persons or under any particUlar circumstances, and may at any time, after due inquiry, withdraw any such permit or exemption: Provided that if such exemption was granted by notice in the Gazette, the chief executive officer shall by notice withdraw the exemption."; and by the deletion of subsection (3).
Amendment of section 24 ofAct 65 of 1996 23.
"(1) Any person may [notwithstanding the provisions of section 25(b), 26(1)(b) or 28(2),] exhibit in public or distribute any film, interactive computer game or publication [or film] classified as X18 in terms of a decision of the Board which has been published in the Gazette [as XIS or a publication which falls within Schedule 2 read with Schedule 5,] if such person is the holder of a licence to conduct the business of adult premises, issued by a licensing authority in terms of section 2, read with item 2 of Schedule 1, of the Businesses Act, 1991 (Act No. 71 of 1991), and if such exhibition or distribution takes place on or from within premises forming part of a building."
any person under the age of 18 years was aIlowed to enter or be within the premises concerned; or any film, interactive computer game or publication [or film] classified as X18 in tenns of a decision of the Board, published in the Gazette, was delivered by the person licensed in terms of subsection (1) to conduct such premises to a person who is not the holder of a similar licence; or in a manner which was not in accordance with regulations made by the Board, with the aim of preventing the delivery of such films, interactive computer games or publications [and films] to persons under the age of 18 years.
Insertion of sections 24A, 24B and 24C in Act 65 of 1996 24.
24A. (1) Any person who knowingly distributes or exhibits in public a film or interactive computer game without first having been registered with the Board as a distributor or exhibitor of films or interactive computer games shaIl be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment.
been classified as a "refused classification"; or been classified as XX, shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.
Any person, not being the holder of a licence to conduct the business of adult premises and not being registered with the Board as a distributor or exhibitor of films or interactive computer games, and who knowingly broadcasts, distributes, exhibits in public, offers for exhibition, sale or hire or advertises for sale or hire any film, interactive computer game or a publication which has been classified X18, shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.
Any person who knowingly distributes a film, interactive computer game or publication classified X18 or which contains depictions, descriptions or sequences of sexual conduct to a person under the age of 18 years, shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding five years or to both to a fine and such imprisonment.
Any person who knowingly distributes a film, interactive computer game or publication which has been classified by the Board without displaying, clearly and conspicuously and in the manner prescribed by regulations made under this Act, the classification reference number, the age restriction, consumer advice and any other condition imposed on the distribution of that film, interactive computer game or publication, shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment.
Any person who knowingly advertises a film or interactive computer game in any medium without indicating, clearly and conspicuously so as to be plainly visible to the public, the age restriction, consumer advice and any other condition imposed on the film or interactive computer game being advertised, shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment.
Any person who knowingly and without the prior written approval of the Board exhibits in public during the same screening session, or distributes on the same cassette or disc of a film or interactive computer game, a trailer advertising a film or an interactive computer game with a more restrictive classification than the featured film or interactive computer game, shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment.
imports or in any way takes steps to procure, obtain or access or in any way knowingly assists in, or facilitates, the importation, procurement, obtaining or accessing of; or knowingly makes available, exports, broadcasts or in any way distributes or causes to be made available, exported, broadcast or distributed, or assists in making available, exporting, broadcasting or distributing, any film, interactive computer game or publication which contains depictions, descriptions or sequences of child pornography or the abuse of children or which advocates, advertises, encourages or promotes child pornography or the sexual exploitation of children, shall be guilty of an offence and liable, upon conviction, to a or to imprisonment for a period not exceeding years or to both a fine and such imprisonment.
report such knowledge or suspicion as soon as possible to an officer of any South African law enforcement agency; or furnish, at the request of an official of any South African law enforcement agency, all particulars of such knowledge or suspicion, shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding 10years or both to a fine and such imprisonment.
person who has control over any film, interactive computer game or publication which contains depictions, descriptions or sequences of sexual conduct and who fails to take all reasonable steps to prevent access to such materials by any person under the age of 18years, shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.
Any person who, by means of any telecommunication system, communicates with, contacts or sends any message to a child, or or attempts to access any information concerning a child, for the purpose of committing or facilitating the commission of an offence under this Act, shall be guilty of an and liable, upon conviction, to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.
It shall not be a defence to a charge under subsection (4) that the accused believed that the person was older than 18years unless the accused took reasonable steps to ascertain the age of that person.
(2)Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment.
Repeal of sections and 27 65 of 1996 25. Sections and 27 of the principal Act are hereby repealed.
Section 27A of the principal Act is hereby amended by the substitution for subsection (4) of the following subsection: "(4) Any person wh<r-5 fal s to comply with subsectiOn 1 sha I be gUilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment; or fails to comply with subsections (2) or (3) shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.".
Repeal of sections 28 and 29 of Act 65 of 1996 27. Sections 28 and 29 are hereby repealed.
Amendment of section 30 ofAct 65 of 1996, as amended by section 15 ofAct 18 of 15 2004 28.
(a) If any person who has contravened or failed to comply with [section 26(1)(a), (aA), (b), (c), (d), (2) or (3) or 27A(I)] sections 24A(1), (2)(a), (5), (6), (7), 24C(2) or 27A(1)(a) agrees to abide by a decision [of tbe executive committee] of the Board and deposits with the Board such sum as the [executive committee of] the Board may 25 determine but not exceeding the greater of two thousand rand or twice the prescribed classification costs, where applicable, on each such contravention or failure to comply, [tbe executive committee of] the Board may, after conducting an enquiry, determine the matter summarily and may, without legal proceedings, order forfeiture by way of penalty of the whole or any part of the amount so deposited.
There shall be a right of appeal to the Minister from any determination or order of the [executive committee of tbe] Board under paragraph (a), as long as that right is exercised within a period of three months from the date of such determination or order.. 35 29.
"(b) any film, interactive computer game or publication [or film] has or has not been submitted to the Board in terms of this Act; or".
Section 32 of the principal Act is hereby repealed.
Schedules 1 to 10 to the principal Act are hereby repealed.
The principal Act is hereby amended by the substitution for the expression "Review Board", wherever it occurs, of the expression "Appeal Board".
This Act is called the Films and Publications Amendment Act, 2006, and comes into operation on a date determined by the President by proclamation in the Gazette.
The object of the Amendment Bill is to amend the Films and Publications Act, 1996 (Act No. 65 of 1996), hereinafter referred to as the Act, so as to insert certain definitions, amend the composition and provide for the functions and powers of the Board, provide for the appointment and powers of compliance officers, provide for the composition, functions, powers and management of the classification office and repeal certain Schedules to the Act.
The Amendment Bill seeks to ensure that all publications, films and interactive computer games distributed in the Republic, regardless of the medium or format of such distribution, would be subject to the same principles and guidelines to serve the core objective of protecting children from potentially disturbing, harmful and ageinappropriate materials in publications, films, interactive computer games, mobile cellular telephones and on the Internet since child pornography exists wherever there is a computer, a modem for access to the Internet and a mobile cellular telephone. The Amendment Bill further seeks to bring broadcasters of films within the scope of the Act.
The Amendment Bill also seeks to provide for the appointment of compliance officers to monitor compliance with the provisions of the Act. The Bill authorises compliance officers to enter any premises for purposes of requesting the production of a certificate of registration as a distributor or exhibitor of films or interactive computer games, examining or inspecting any premises used for conducting a business of adult premises for compliance with the conditions laid down in the Act or examining or inspecting any films or interactive computer games offered for sale or hire for compliance with the requirements of the Act. Compliance officers are further empowered to order the removal of films, interactive computer games and publications that do not comply with the requirements of the Act or a decision of the Board until such time that such product complies with the requirements of the Act or decision of the Board with regard to distribution.
The Bill was forwarded to all Government Departments for comments, as well as a wide range of external stakeholders.
There will be financial implications with regard to the remuneration of compliance officers to be appointed, but the exact extent thereof is not possible to establish at this stage.
5.1 The State Law Advisers and the Department of Home Affairs are of the opinion that the Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution, since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2(03), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.292371387En.2012-02-10.en.txt</fn>
(As introduced in the National Assembly (proposed section 75); explanatory summary ofBill published in Government Gazette No. 29169 of31 August 2006).
To amend the Immigration Act, 2002, so as to define certain words and to substitute a definition; to provide for the clarification and revision of procedures and permits with regard to admission to, residence in and departure from the Republic; to effect certain technical corrections; and to provide for matters connected therewith.
Section 1 of the Immigration Act, 2002 (Act No.
by the insertion after the definition of "border" of the following definition: "'branch' means a branch as contemplated in section 21A of the 10 Companies Act, 1973 (Act No.
by the substitution for the definition of "depart or departure" of the following definition: "'depart or departure' means exiting the Republic from a port of entry to another country in compliance with this Act;"; and 15 by the insertion after the definition of "status" of the following definition: "'subsidiary' means a subsidiary as defined in section 1(1) of the Companies Act, 1973 (Act No. 61 of 1973);".
"(2) Subject to this Act, upon application in the prescribed manner and on the prescribed form, one of the temporary residence permits contemplated in sections 11 to [23] 24 may be issued to a foreigner.". 25 3.
"(1) Subject to subsection (4)(a), no person, other than a citizen or permanent resident, who is proceeding from a place outside the Republic to a destination outside the Republic, [including making use of the transit areas of South African ports of entry,] shall travel through the Republic, unless he or she is in possession of a transit visa issued for that purpose in terms of subsection (2).".
Amendment of section 11 of Act 13 of 2002, as amended by section 13 of Act 19 of 2004 4.
[(dd)]~ any other prescribed activity.
"(2) The holder of a visitor's permit may not conduct work [, unless].:. Provided that the holder of a visitor's permit issued in terms of subsection (1)(a) or (b)(iv) may be authorised by the Director-General in the prescribed manner and subject to the prescribed requirements and conditions to conduct work.".
"(3) The Director-General may reduce or waive the [capitalisation requirements] financial or capital contribution referred to in subsection (1)(a) for businesses which are prescribed to be in the national interest, or when so requested by the Department of Trade and Industry.".
"(5) An intra-company transfer work permit may be issued by the Director-General to a foreigner who is employed abroad by a business operating in the Republic in a branch, subsidiary or affiliate relationship and who by reason of his or her employment is required to conduct work in the Republic for a period not exceeding Itwo four years, provided that-".
Amendment of section 20 ofAct 13 of 2002, as amended by section 47 ofAct 19 of 2004 7.
"(IA) The spouse and dependent children accompanying the holder of a retired person permit may be issued with an appropriate permit issued in terms of this Act.".
Amendment of section 27 of Act 13 of 2002, as substituted by section 28 of Act 19 of 2004 8.
"(c) intends to establish or has established a business in the Republic and investing in it or in an established business the prescribed financial or capital contribution to be part of the intended book value, and to the members of such foreigner's immediate family, provided that the Director-General may waive or reduce such [capitalisation requirements] financial or capital contribution for businesses prescribed to be in the national interest or when so requested by the Department of Trade and Industry; and the permit shall lapse if the holder fails to prove within two years of the issuance of the permit and three years thereafter, to the satisfaction of the Director-General, that the prescribed financial or capital contribution to be part of the intended book value is still invested as contemplated in this paragraph;".
Substitution of heading to Schedule 1 to Act 13 of 2002 10. The following heading is hereby substituted for the heading to Schedule 1 to the principal Act: , "Offences [referred] relating to [in] section 28(a) [and (b)] of this Act".
Substitution of heading to Schedule 2 to Act 13 of 2002 11. The following heading is hereby substituted for the heading to Schedule 2 to the principal Act: "Offences [referred] relating to [in] section [28(b)] 28(a) of this Act".
This Act is called the Immigration Amendment Act, 2006, and comes into operation on a date determined by the President by proclamation in the Gazette.
The main objective of the Bill is to define certain words and to substitute a definition, to provide for the clarification and revision of procedures and permits with regard to admission to, residence in and departure from the Republic, and to effect certain technical corrections to the Immigration Act, 2002 (Act No. 13 of 2002) ("the Act").
The Bill seeks to include cross-border and transit permits (section 24 of the Act) as temporary residence permits referred to in section 10 of the Act. The Bill further seeks to increase the period for which an intra-company transfer work permit (section 19 of the Act) may be issued.
The Bill also seeks to provide for the issuing of an appropriate permit to the spouse and dependent children accompanying the holder of a retired person permit. It further provides for the withdrawal of a permanent residence permit if the holder thereof has been convicted of an offence in terms of the Act. Furthermore, the Bill seeks to provide for certain technical corrections to the Act.
Water Affairs and Forestry.
5.1 The State Law Advisers and the Department of Home Affairs are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.29240mEn.2012-02-10.en.txt</fn>
Notice is hereby given that the Minister of Environmental Affairs and Tourism, intends to introduce in Parliament a draft Bill, set out in the Schedule hereto, containing certain proposed amendments to the National Environmental Management Act, 1998 (Act No. 107 of 1998).
Any person who wishes to submit representations or objections in connection with the draft Bill is invited to do so before 31 October 2006.
Pretoria, 0001; By fax to 012 320 4431; and By e-mail to mjardine@deat.gov.za.
84 No.
1 Words in bold type in square brackets indicate omissions from existing enactments.
BILL To amend the National Environmental Management Act, 1998, in order to include in the definition of "specific environmental management Acts" a reference to the Environment Conservation Act, 1989; to effect consequential amendments to the Environment Conservation Act; to provide for the Atmospheric Pollution Prevention Act, 1965, to be deemed to be a specific environmental management Act until section 60 of the Air Quality Act, 2004, which repeals that Act takes effect; to provide for environmental management inspectors to be peace officers as contemplated in the Criminal Procedure Act, 1977; to provide for a penalty for the offence of failing to comply with a compliance notice in terms of section 31N of the National Environmental Management Act, 1998; and to provide for matters connected therewith.
Amendment of section 1 of Act 107 of 1998, as ameded by section 1 of Act 46 of 2003 and section 1of Act 8 of 2004.
'"specific environmental management Acts' means -and includes any regulations or other subordinate legislation made in terms of any of those Acts;".
the National Environmental Management: Biodiversity Act, 2004 Act No.
the Environment Conservation Act, 1989 (Act No.
Amendment of section 31H of Act 107 of 1998 2.
An environmental manapement inspector is for purposes of the enforcement of this Act and a specific environmental management Act a peace officer as contemplated in the Criminal Procedure Act, 1977.
Amendment of section 31N of Act 107 of 1998 3.
is liable to a fine not exceeding five million rand or to imprisonment for a period not exceeding ten yezrs, or to both such fine and such imprisonment.
in Act No. 73 of 1989 4.
when the Act, takes effect. must for purposes of the National Environmental Management Act, 1998 (Act No.
86 No.
Repeal of section 41A of Act No. 73 of 1989 5.
A the Environment Conservation Act, 1989, is hereby repealed.
The Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965), must, subject to subsection (2), be regarded to be a specific environmental management Act for purposes of the National Environmental Management Act, 1998 (Act No. 107 of 1998).
This section lapses when section 60 of the Air Quality Act, 2004 (Act 39 of 2004), takes effect.
This Act is called the National Environmental Management Amendment Act, 2006, and takes effect on a date determined by the Minister by notice in the Gazette.
The purpose of the National Environmental Management Amendment Bill, 2006, is threefold. Firstly, to add the Environment Conservation Act, 1989 (ECA) and the Atmospheric Pollution Prevention Act, 1965, (APPA), to the list of Acts which environmental management inspectors are mandated to enforce. Secondly to provide for environmental management inspectors to be peace officers as contemplated in the Criminal Procedure Act, 1977. Lastly, to provide for the imposition of a penalty for the offence of failing to comply with a compliance notice in terms of section 31N of the National Environmental Management Act, 1998 (NEMA).
The reason for including both ECA and APPA as specific environmental management Acts is to ensure that they, for the remainder of their phasing out periods, are enforced in terms of the new enforcement provisions in NEMA which were inserted in NEMA in terms of the National Environmental Management Amendment Act, 2003. In terms of this enforcement system both the Minister and the MECs for environmental affairs can appoint environmental management inspectors for the enforcement of NEMA and all "specific environment management Acts". Effective enforcement powers are given in terms of this system to environmental management inspectors.
is already partiaiiy repealed, and although it is envisaged that ECA wiil eventually be repealed in its totality, this Act is still being applied for managing the disposal of solid waste. It is therefore proposed that ECA for the remainder of its life span be brought under the NEMA enforcement system to make enforcement of its remaining provisions more effective. It is uncertain at this stage when the provisions of ECA on solid waste disposal would be replaced in its entirety by new legislation.
APPA, on the other hand, has already been repealed but as the repealing provision, section 60 of the Air Quality Act, 2004, has not yet been implemented, it is proposed that a provision be included in the Amendment Bill to provide for APPA to be deemed a specific environmental management until section 60 comes into effect. This course of aa NO.
GOVERNMENT GAZETTE, 29 SEPTEMBER 2006 action will avoid an unnecessary amendment of NEMA at the stage when section 60 takes effect. It may still take some time before section 60 can be put into effect.
As APPA has its own enforcement provisions, the Bill will enable the current enforcement system of the Act to be retained until the repeal of APPA comes into effect. APPA provides for a detailed system of appointment in respect of air pollution control officers, and also stipulates qualification requirements for such officers because of the highly technical and specialised nature of their functions. The inclusion of the abovementioned deeming clause in this Amendment Bill will therefore not affect the current enforcement system of APPA but will strengthen the enforcement of APPA whilst it is still in force.
The second reason for the amendment is to clarify environmental management inspectors' status as peace officers when exercising certain of their powers.
H(5) of NEMA). Chapters 2, 5, 7, and 8 of the CPA refer to powers given to "peace officers".
Currently, NEMA does not expressly provide for an environmental management inspector's status as a peace officer when exercising powers under the CPA.
Section 31H is amended by inserting a new sub-clause (6) which simply clarifies that, for the purposes of enforcement of NEMA and a specific environmental management Act, an environmental management inspector is a peace officer as contemplated in the CPA. A similar provision is contained in the Marine Living Resources Act, 1998.
Thirdly, the Amendment Bill provides for the imposition of a penalty in the event that a person is found guilty of the offence of failing to comply with a compliance notice in terms of section 31N of NEMA. Currently, NEMA states that a person who fails to comply with a compliance notice commits an offence, but it does not provide for an accompanying penalty (either in the form of a fine and/or imprisonment) in the event of a conviction of this offence by a court of law. This may have an adverse effect on the competency of a court to regard the failure to comply with a compliance notice as a criminal offence and to impose any penalty.
of the NEMA, namely 10 years and/or R5 million.
Other than notifying all institutions that implement and enforce NEMA, ECA and APPA and all designated environmental management inspectors (and officials awaiting designation as environmental management inspectors) of the amendment and implementing a communication strategy to advise the public of the amendment, there are no financial implications of any significance.
Coordination The Minister of Safety and Security has also have been advised of the contents of the amendment bill.
The Department of Environmental Affairs and Tourism is of the view that the Bill should be dealt with as section 76 Bill in the Parliamentary process.
<fn>GOV-ZA.2926En.2012-02-10.en.txt</fn>
When South Africa bid to host the 2010 FIFA World Cupâ, it was done so on the basis that the tournament should leave a lasting legacy for the country.
South Africa's hosting of the tournament is set to benefit the country in a number of areas. The South African Government had already committed to a major infrastructure investment programme but the hosting of the 2010 FIFA World Cup has acted as a catalyst for many of the current infrastructure projects. The tournament is also set to bring an estimated 450,000 international visitors from all over the world to the country, a significant boost for the local tourism industry, especially since the event is to be hosted during its low season. With the world's focus on the country before, during and after the tournament, the hosting of the FIFA World Cup also provides an excellent marketing opportunity for the host nation.
One of the worst legacies of sport under apartheid is the dearth of football facilities in disadvantaged areas and the complete lack of recognition and support by the apartheid government of the sport. The hosting of the World Cup will leave a lasting legacy for football in this country.
The OC plans to build one football turf in each of the 52 South African Football Association (SAFA) regions to promote participation in football and ensure that all South Africans have the facilities to play. These will be hubs for sport and community development in the host country. In addition to the development of these turfs a clubhouse, ablution facilities, training lights and a security fence will be constructed.
R81 million has been allocated to the project by the National Lottery and construction will start in the middle of October, with nine turfs expected to be completed by November 2009.
As part of the Win in Africa with Africa initiative, FIFA is ensuring training of staff in maintenance of the turfs across Africa including South Africa. The first maintenance workshop with participants from various African countries will take place in Johannesburg from 23-26 September. The OC will institute football training programmes at each turf in partnership with both local and international institutions.
Win in Africa with Africa is a wide-ranging initiative designed to provide the 2010 host continent with the tools to progress and the skills with which it can continue its own development. This includes the construction of 52 football turfs with 44 completed and 15 of them already used for 2010 qualifier matches. In addition, the project provides support in developing national leagues, as well as training executives who will go on to take charge of the various African associations in the future but also to use football to help improve community health in programmes such as "The 11 for Health". FIFA has allocated USD 70 million for this initiative aiming at creating a balance in African football.
20 Centres for 2010 is the Official Campaign of the 2010 FIFA World Cup South Africa. Its goal is to build 20 centres of education, public health and football across Africa. Five of these centres will be constructed in South Africa and the first of the 20 is being built in the township of Khayelitsha in Cape Town. Five other centres on the continent are currently in construction in Rwanda, Ghana, Mali, Kenya and Namibia.
The centre in Khayelitsha will help to educate young boys and girls from the community about HIV and Aids and give them the knowledge to live HIV-free.
Construction of the centre is proceeding on schedule, with the centre due to be completed in November 2009 ready to be officially opened to the community at the Football for Hope Centre Kick Off on 5 December as an official event of the FIFA World Cup Final Draw.
The Football for Hope Festival 2010 will take place in Johannesburg in July 2010 and will bring celebrate the social dimension of the game. 32 delegations have been selected from around the world to send young leaders to Johannesburg and among them will be delegations from India, Tahiti, Rwanda, Cambodia, Bosnia and Colombia.
The Festival 2010 will take place in the community of Alexandra where preparations are under way to make sure the event leaves a lasting legacy. The Festival Organising Team recently spent three weeks signing up volunteers to ensure that capacity-building opportunities were available to the local community.
Football for Hope is a movement that uses the power of the game for social development. It is led by FIFA, world football's governing body, and streetfootballworld, a centre of expertise that supports a global network of local organisations in the field of development through football.
For further information on the Win in Africa with Africa initiative and the Football for Hope movement please go to the official website www.FIFA.com [1] or contact media-sa@fifa.org [2].
The Green Goal programme aims to reduce the total carbon footprint of the 2010 FIFA World Cup and it is hoped will be the basis for a far more environmentally friendly South Africa after the tournament. The Green Goal programme has a number of initiatives through which this will be achieved.
To achieve this, many of South Africa's cities are working toward a more environmentally friendly FIFA World Cup. The city of Cape Town is implementing Green Goal 2010, a programme that aims to make the event as environmentally friendly as possible. It incorporates sustainable development principles into every aspect of the event. A Green Goal 2010 action plan has been developed, with indicators, milestones and budgets for 41 projects relating to energy, waste, water, transport, hospitality and sustainable lifestyles.
All stadiums and fan parks will introduce dry and wet waste bin system to promote waste separation at source. Dry waste will be all recyclables material and wet waste will include organic and contaminated waste. Recyclables will be sent to recycling companies and wet waste will be used for compost making or disposed of in waste disposal sites.
The "My 2010 Schools Adventure" campaign is a partnership between the OC and the Departments of Education, Sports and Recreation and Arts and Culture, and focuses on education and participation by 12 million learners and educators.
A Schools Football World Cup is planned targeting 10,000 school teams across the country in the following categories - boys and girls U14 & U18, disabled U12 & U16. Schools across the country will adopt the symbolically adopt the 32 2010 FIFA World Cup participating countries in association with the 32 foreign missions of the participating World Cup countries.
In total, 120,000 complimentary category 4 tickets (3.6 per cent of the total inventory) will be awarded through this initiative to residents of South Africa by FIFA and the Organising Committee, with the support of the six FIFA Partners (adidas, Coca-Cola, Emirates, Hyundai/Kia, Sony and Visa).
The aim of the Ticket Fund is to make 2010 FIFA World Cup matches more accessible to those who would otherwise not have the means to purchase tickets. Tickets will not simply be given as handouts but as a reward or incentive for people, in particular South African youth participating in, or contributing to social and human development activities. The initiative also aims to uplift existing programmes by encouraging participation and act as a catalyst for the establishment of new social and human development programmes.
The primary target of the programmes supported by the Ticket Fund is young South Africans who cannot afford to purchase a match ticket. Altogether, about 12,000,000 children, primarily through schools-related projects, could be incentivised to embark on a journey of learning through projects supported by the Ticket Fund. Children will gain a better understanding of environmental issues such as the importance of recycling and learn about HIV/Aids prevention amongst other important life skills.
However, the initiative will also recognise the contribution or achievement of adults from the industrial and tourism sectors who have passed through financial literacy programmes and teachers who are teaching students the importance of recycling as well as community leaders working in the area of HIV/Aids prevention. As many as 1,000,000 adults will be directly engaged by Ticket Fund programmes.
For each participant in a Ticket Fund programme, their journey begins when they participate in one of the projects supported by the initiative. All of the programmes are focused on one or more of three core areas - health, education and the environment, with the final key area of infrastructure represented by the involvement of the construction workers.
According to research by Grant Thornton, the 2010 FIFA World Cup will contribute R55.7 billion to the South African economy, generate 415,400 jobs and contribute R19.3 billion in tax income to Government.
The firm estimates that 483,257 tourists will spend around R8,5 billion during their stay in South Africa.
The millions of visitors who will pour into the country during the event will boost opportunities in accommodation, health services, travel services, short-term insurance, event management, logistics, arts, crafts and entertainment - to name but a few.
Over 9 million tourists visited SA in 2008, this is still expected this to grow to 10 million in 2010 despite economic slowdown.
In a top month we already host almost 870 000 foreign tourists & 250 000 air arrivals.
The World Cup has been a catalyst for the building of around 25 new hotels in South Africa in the last couple of years.
More than 20 000 jobs were created for the construction of the World Cup stadiums. Construction workers on these stadiums were given extensive skills training which will enable them to meet the much needed demand for skilled workers on other construction projects post 2010.
4000 South Africans who volunteered for the FIFA Confederations Cup now have experience of a major football event. In the 2010 FIFA World Cup, 15,000 volunteers - the majority of them South Africans - will also get experience working on a major event.
The OC has committed to using Black Economic Empowerment companies and Small Medium and Micro Enterprises. By 30 September 2008 55% of the organisation's spend was through BEE companies and 26% through SMMEs.
The South African Government's contribution to World Cup-related projects is R28 billion. The infrastructure development being done for the 2010 FIFA World Cup will be in use well after the tournament as South Africa's road, air and sporting infrastructure is improved considerably for 2010 and beyond.
Stadium and precinct development: R9.
Transport: R13.
Safety and security: R1.
Ports of entry infrastructure: R3.
These figures are national government spend and exclude the amounts spent by the nine 2010 FIFA World Cup host cities in preparing for the tournament.
Government is well on track with the rollout of the R13.6 billion Public Transport Infrastructure and Systems Fund Projects.
o BRT systems, public transport corridors, inter-modal facilities, freeway expansions and road upgrades.
ACSA is also spending R19.5 billion on airport upgrades to deal with planned capacity increases during and after the tournament - with South Africa's airports increasing their passenger capacity substantially in many areas such as parking, check-in facilities and baggage processing.
The six new stadiums being built for the 2010 FIFA World Cup will provide South Africa with a number of world class sporting facilities which are sure to enable South Africa to attract more sporting events in the future.
The 32 teams participating in the 2010 FIFA World Cup will each have a team base camp - this is a hotel coupled with a training ground which the teams will use on non-match days. They will fly into the host city the day before a match and fly back out on match day or the day after - depending on how far their base camp is from the match venue.
To date 55 potential training sites have been identified around South Africa. Many of the teams have already been to the country to view the facilities and the hotels. All of the 32 teams need to identify their base camp by the end of the year.
All of the training sites need to meet FIFA requirements. Therefore a further 32 training sites will be upgraded to meet the needs of the teams. After the tournament it is the communities around these stadiums that will benefit from having improved sports facilities.
<fn>GOV-ZA.29277lEn.2012-02-10.en.txt</fn>
The South African Maritime Safety Authority (SAMSA) publishes for public comment the proposed Bill set out in the accompanying Schedule.
(Note: late submissions may be disregarded).
Briesch at (012) 366 2600. Attention is invited to the Objects Memorandum accompanying the Bill.
To amend the provisions of the Merchant Shipping Act, 1951, relating to limitation of liability for maritime claims; and for related matters.
Act 23 of 1997 1.
if no claim for damages in respect of loss of or damage to property or rights arises, be liable for damages in respect of loss of life or personal injury to an aggregate amount exceeding [206,67 special drawing rights for each ton of the ship's tonnage] an amount determined by the Minister bv notice in the Gazette and, until the time that the amount is so determined. shall not be liable for such damages to an gg drawing rights for a ship with a tonnage not exceeding; 2 000 tons: and for a ship with a tonnage over 2 000 tons.
for each ton from 2 001 to 30 000 tons, 800 special drawing rights; for each ton from 30 001 to 70 000 tons, 600 wecia1 drawing rights; for each ton over 70 000 tons. 400 suecial drawing rights; or if no claim for damages in respect of loss of life or personal injury arises, be liable for damages in respect of loss of or damage to property or rights to an aggregate amount exceeding [66,67 special drawing rights €or each ton of the ship's tonnage] an amount determined bv the Minister bv notice in the Gazette and.
for each ton from 2 001 to 30 000 tons, 400 special drawing rights; for each ton from 30 001 to 70 000 tons.
shall be applied pro ruru to the balance of the claims for damages in respect of loss of life or personal iniurv and the claims for damages in respect of loss of or damage to propertv in any event.
1983 Act No. 105 of 19831.
if it is proved resulted from the owner's personal act or omission, committed either with intent to cause the and with knowledge that the loss, iniurv or damage would probably result. The onus of proving that this subsection applies is on the person alleging its application.
To avoid doubt.
onlv in respect of claims arising after the commencement of the provision establishing the applicable limits.
Act. 1983 (Act No. 105 of 1983).
[such] currency on the date of the ljudgment or the date agreed upon by the parties] occasion on which the claim arose.
The Court may.
give the directions it thinks fit about the currency, or currencies, that are to be applicable and about the ascertainment. subject to of the value of anv applicable currency on the relevant date.
the [date on which the judgment is given] relevant date under varaaaph if no sum has been so fixed for that [day] date, the last [day before that day] preceding date for which a sum has been so fixed.
shall be prima facie proof of those matters for the purposes of subsection (1); and a document purporting to be a such a certificate shall, in any proceedings, be admissible in evidence and, in the absence of evidence to the contrary, be deemed to be such a certificate.
of this section, 'owner'.
Section 263 of the principal Act is amended by the deletion of subsection (2).
This Act is the Merchant Shipping Amendment Act, 2006.
This Act commences on a day fixed by the President by proclamation in the Gazette.
1 This Bill amends the Merchant Shipping Act, 1951 (Act No. 57 of 1951) ("the MSA").
to correct technical deficiencies in the section; and to modernise the law relating to shipowner limitation by introducing provision that is consistent with the 1976 Convention on Limitation of Liability for Maritime Claims and its 1996 Protocol ("the LLMC") in respect of liability limits, conduct barring limitation and the burden of proof; and to make other consequential chongss.
3 Clause amends section 261 of the principal Act. The amendments propose to modernise the law relating to shipowner limitation by introducing key elements of the LLMC, notably in respect of liability limits and the test, and onus, for barring limitation. These changes also address current deficiencies affecting claims involving both personal injury and damage to property. While the LLMC test for barring limitation is much stricter than the current "fault or privity" test, this is balanced by significantly higher liability limits, which, for claimants, means the prospect of a larger limitation fund being available for the payment of claims. Provision is made for the Minister of Transport to set different limits should this become necessary over time.
4 Clause 3 amends section 263 of the principal Act by deleting subsection (2). The provision is re-enacted in substantially the same terms in the amendments covered by clause I of the Bill.
4 is a standard provision dealing with the short title and commencement of the enactment. Commencement is to be on a day proclaimed by the President.
<fn>GOV-ZA.2927En.2012-02-10.en.txt</fn>
Republic to be known as the National Archives of South Africa.
The National Archives shall be managed by a National Archivistappointed by the Minister on the basis of relevant professional experience andan appropriate archival qualification.
such delegation or assignment.
set aside any decision made thereunder, or exercise the power or perform the dutyconcerned.
The Commission or any committee may co-opt any person to serve on theCommission or on a committee, as the case may be, in an advisory capacity, butsuch a co-opted member shall not have any voting rights.
The Secretary of the Commission shall be the accounting officer ofthe Commission and shall be charged with the accountability in respect of allmoney received and payments made by the Commission.
<fn>GOV-ZA.29339En.2012-02-10.en.txt</fn>
The Department of Housing hereby publishes the draft Social Hous information, discussion and comment.
To promote and establish a sustainable social housing environment; to define the functions of national, provincial and local governments in respect of social housing; to provide for the establishment of the Social Housing Regulatory Authority regulating all social housing institutions obtaining or having obtained public funds; to allow for the undertaking of approved projects by other delivery agents with the benefit of public money; to give statutory recognition to social housing institutions; and to provide for matters incidental thereto.
of the Housing Act, 1997 (Act No.
"National Housing Finance Corporation" means the National Housing Finance Corporation incorporated as a public company in terms of the Companies Act, 1973 (Act No.
"Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No.
"social housing institution" or "institution" means an institution accredited or provisionally accredited under this Act which carries or intends to carry on the business of providing rental and co-operative housing options for low to medium income persons (excluding immediate individual ownership and a contract as defined under the Alienation of Land Act, 1981 (Act No.
"this Act" includes the regulations, any rules, directives or instructions made under it.
consult meaningfully with interested individuals, communities and financial institutions in all phases of social housing development; ensure the sustainable and viable growth of affordable social housing as an objective of housing policy; facilitate the involvement of residents and key stakeholders through meaningful consultation, information sharing, education, training and skills transfer, thereby meaningfully empowering residents; ensure secure tenure for the residents in social housing institutions, on the basis of the general provisions governing the relationship between tenants and landlords as set out in the Rental Housing Act, 1999 (Act No.
the use of public funds in such a manner that stimulates or facilitates private sector investment and participation in the social housing sector.
any principle for social housing development in addition to, and consistent with, the principles set out in subsection (1); and any principle set out in subsection (1) in greater detail, but not inconsistent therewith.
Minister must, before prescribing any such principle, cause a draft of such principle to be published in the Gazette and must consider any comment on such draft principle received from any person during a period of 30 days after such publication.
in the Gazette during the period covered in the list, must, within 14 days after the publication of any such notice in the Gazette, be submitted to Parliament for approval..
Such list of notices must in respect of each notice state the number and title of the notice and the number and date of the Gazette in which it was published.
If Parliament disapproves of any principle in such notice or any provision of such principle, such principle or provision ceases to have effect, but without prejudice to the validity of anything done in terms of such principle or provision before it so ceased to have effect; and any right or liability acquired or incurred in terms of such principle or provision before it so ceased to have effect.
designate restructuring zones submitted by provinces and identified by municipalities and specifically provided for in a municipality's integrated development plan contemplated in section 25 of the Local Government: Municipal Systems Act, 2000 (Act No.
ensure and make available the funds from the Department's budget for the operational costs and commitments of the Regulatory Authority in accordance with the approved social housing investment plan and social housing regulatory plan, respectively; and monitor the Regulatory Authority and hold it accountable, costs and expenses connected with the implementation of this Act must be defrayed from money appropriated by Parliament to the Department for that purpose.
and develop the capacity of municipalities in respect of social housing.
A provincial government may not intervene in the governance or management of social housing institutions, and the Regulatory Authority, subject to the provisions of section 11(3)(k), may not intervene in the monitoring of social housing projects.
to municipal infrastructure and services for approved projects in approved restructuring zones; and, to the extent permitted under the Local Government: Municipal Finance Management Act, 2003 (Act No.
initiate and motivate the identification of restructuring zones; and enter into performance agreements with social housing institutions.
explore and support mechanisms aimed at gearing public funding for social housing; and conclude an agreement with the Regulatory Authority aimed at avoiding the duplication of effort and overregulation of social housing institutions.
Other delivery agents are not subject to the regulatory powers of the Regulatory Authority referred to in section 12, but are subject to the terms and conditions contained in agreements concluded with the Regulatory Authority referred to in subsection (2).
The Social Housing Regulatory Authority is hereby established as a juristic person.
The Chief Executive Officer and the Corporate Services Manager shall serve as executive members of the Council.
The Council shall consist of at least seven and no more than twelve fit and proper persons who nave knowledge, experience or qualifications in the field of social and rental housing, regulation or other competencies for the proper governance of the' Regulatory Authority.
Members of the Council shall serve in a non-executive capacity and be appointed only after the Minister has through the media and by notice in the Gazette invited nominations of persons as candidates for the respective positions on the Council.
A member of the Council is appointed for the period determined by the Minister at his or her appointment, but not exceeding three years at a time, and may, subject to subsection (2), be reappointed on the termination of that period.
Minister may at any time terminate the membership of a member of the Council for reasons which are just and fair.
The Council must adopt standing instructions to ensure compliance with the provisions of this Act, the Public Finance Management Act, 1999 (Act No.1 of 1999) and any other legislation applicable to the Regulatory Authority.
Authority and may delegate such functions as it may consider appropriate, including any function under section 12, to such committee.
The Council shall prescribe the necessary matters and procedures relating to meetings of the Council.
of the members.
9 he or she has failed to attend three consecutive meetings, without apology or justified excuse.
senior managers responsible for the necessary activities of the Regulatory Authority such as accreditation, compliance, institutional investment, capital investment of the Regulatory Authority; and any other persons, appointed by the Chief Executive Officer on the salary, terms and other conditions determined by him or her to perform the work incidental to the carrying out of its functions by the Regulatory Authority.
enter into agreements with provincial government and the National Housing Finance Corporation to ensure co-ordinated exercise of powers; and perform any other function or exercise any other power that the Minister may prescribe.
instruct a social housing institution not to accept a social housing project allocated to it where the Regulatory Authority is of the opinion that the social housing institution will not be able to complete the project successfully or that it will undermine the social housing institution's viability; and do all things necessary to ensure good governance and sustainability of social housing institutions.
prescribe, after consultation with the Minister, any matter which is necessary or desirable to be prescribed by the Regulatory Authority in order to achieve the objectives of this Act, including the prescription of penalties and powers of intervention; and issue such directives, instructions and circulars as may necessary for th exercise of its functions under this Act.
conclude such contracts and institute such proceedings as may be necessary for the exercise of its powers and fulfillment of its functions under this Act.
If the Regulatory Authority, following an inspection, investigation or review by the Regulatory Authority, finds non-compliance with the provisions of this Act or a need for intervention in view of the financial, governance or management situation, condition or failure of the social housing institution, a report must be prepared and the social housing institution must be instructed to take the remedial action specified in a notice to the social housing institution.
may be required by the Regulatory Authority to obtain specified support to rectify such non-compliance, situation, condition or failure.
The Regulatory Authority may make available funds through the social housing investment plan to assist in meeting the costs of any such support.
If the social housing institution is unwilling to accept the instruction, or is not accepting the specified support, the Regulatory Authority may request the Council to approve intervention into the affairs of the institution by appointing additional members to board of the institution and the insistence that the social housing institution comply with the instruction notified to it.
Should the social housing institution continue to resist the intervention of the Regulatory Authority or improvements in its performance are not delivered, the Regulatory Authority may request the Council to authorise a forensic investigation into the institution's affairs by a public accountant and auditor as contemplated under the Public Accountant's and Auditor's Act, 1991 (Act No.
The Regulatory Authority, after consultation with the providers of any debt finance to the institution and upon notice to affected parties, including the providers of finance to the institution, may apply to the High Court for the suspension of the chairperson, members of the board, manager or executive or senior staff of the institution for the period of the investigation and appoint suitably qualified people to manage the institution's affairs in their place pending the findings of the forensic audit report..
The forensic audit report must make a finding on whether the social housing institution has been managed in a manner which constitutes maladministration.
If the forensic audit report does not make a finding of maladministration, the suspended persons are automatically re-instated as from the date of such report and the Regulatory Authority must review its previous instructions to the institution.
If the forensic audit finds maladministration, the Regulatory Authority must request the members of the social housing institution to replace any suspended person or person associated with the maladministration with a person acceptable to or recommended by the Regulatory Authority.
may transfer the housing stock or rights of the social housing institution to another social housing institution prepared to accept such transfer on such terms and conditions as may be agreed at the time; or where appropriate, institute legal proceedings for the winding up of the institution.
the administration order to be lifted; and the appointment of suitable persons as directors and office bearers of the institution.
any other rights according to law.
access to its records and documentation; and the seizure and photocopying of such records and documentation as may be required for investigation, subject to such limitations as may be prescribed by the Minister.
This section, in accordance with the provisions of section 6(2), does not apply to other delivery agents.
CHAPTER 4 13.
As from the commencement of this Act, all institutions having undertaken housing development with the benefit of the institutional subsidy, are provisionally accredited social housing institutions for purposes of this Act and subject to the provisions of this Act and the powers of the Regulatory Authority.
Provisional accreditation pursuant to subsection (1) lapses on the date prescribed by the Minister.
An institution wishing to carry on the business of social housing must in the prescribed format apply to the Regulatory Authority for accreditation and registration. A municipality wishing to participate in social housing may establish an institution, and that institution may apply to the Regulatory Authority for accreditation and registration.
(Act No. 14 of 2005) or any other form of institution acceptable to the Regulatory Authority.
Should a social housing institution comply with all the qualifying criteria, it shall be accredited as a social housing institution in terms of this Act and its details must be entered in a register kept for this purpose by the Regulatory Authority.
A social housing institution must comply with all the provisions of the Act in terms whereof it was established and any other applicable law, and any contravention of the said provisions may result in its accreditation being withdrawn by the Regulatory Authority.
The lapsing of the provisional accreditation, or the withdrawal of accreditation in terms of this Act, does not preclude the Regulatory Authority from exercising any of its powers under this Act.
seek permission from the Regulatory Authority for any changes to lease agreements or other prescribed documentation; and seek permission from the Regulatory Authority for any prescribed matter.
the national building regulations under the National Building Regulations and Building Standards Act, 1977 (Act No.
the technical standards imposed by the National Home Builders Registration Council established under the Housing Consumer Protection Measures Act, 1998 (Act No.
the provisions of the Rental Housing Act, 1999 (Act No. 50 of 1999); and any other law, where applicable.
A social housing institution must ensure that the content of its lease agreement is communicated to residents and are strictly adhered to by residents.
submit to the Regulatory Authority a copy of its performance agreement with the municipality.
must be in writing and a copy of the letter of appointment sent to the Regulatory Authority within 21 days of such appointment.
Any vacancy in the office of the Manager must, within three months of such vacancy occurring, be filled, or all reasonable steps taken to procure same, and a copy of the new appointment must be sent to the Regulatory Authority in terms of subsection (2).
During the period of such vacancy the social housing institution must ensure that a competent person acts as manager.
at intervals and in details as prescribed in regulations contemplated in section 18 and annually, within six months of the financial year-end.
documentation to be provided annual in terms of subsection (1) (b) must include the social housing institution's Annual Report and audited financial statements.
A social housing institution must make available to the Regulatory Authority any information reasonably requested of it in the carrying out of its regulatory and investment functions.
The Regulatory Authority must, subject to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), maintain the confidentiality of business sensitive information passed under regulatory confidence to it by a person.
Financing of social housing.
The Minister may allocate money out of the Department's budget for purposes of funding the social housing programme and for financing the implementation of the social housing programme and any relevant provincial housing programme which is consistent with national housing policy, in a province, in accordance with the social housing investment plan and the social housing regulatory plan.
must be determined by the Minister after consultation with every MEC.
must be paid over to the province in accordance with the provisions of the annual Division of Revenue Act.
for the purposes of the Public Finance Management Act, 1999 (Act No. 1 of 1999), and the regulations made thereunder, the accounting officer in respect of the money in the Department's budget; and responsible for the administration thereof.
That portion of the money in the Department's budget which has been earmarked for social housing development may be utilised only for the purposes set out in the Act, any regulations made in terms of the Act, and the annual Division of Revenue Act: Provided that, when any funds are transferred in terms of the annual Division of Revenue Act, the Director-General must ensure that the provisions of that Act are complied with.
a code of conduct.
may create offences and provide for penalties in respect thereof.
This Act is called the Social Housing Act, 2006 and takes effect on a date determined by the President by proclamation in the Gazette.
<fn>GOV-ZA.2934En.2012-02-10.en.txt</fn>
The 2010 Fifa World Cup Organising Committee South Africa's Volunteer Department will this weekend start the process of training the 18 000...
<fn>GOV-ZA.2939En.2012-02-10.en.txt</fn>
in relation to a Schedule 4, 6, 7, 8 or 9 allocation transferred to or provided in kind to a municipality, means the accounting officer of the municipality; ''this Act'' includes any framework or allocation published, or any regulation made under this Act; ''transferring national officer'' means the accounting officer of a national department that transfers a Schedule 4, 5, 6, 8 or 9 allocation to a province or municipality or spends a Schedule 7 allocation on behalf of a municipality.
Any determination, instruction or request in terms of this Act must be in writing.
Revenue raised nationally in respect of the ï¬nancial year must be divided among the national, provincial and local spheres of government for their equitable share allocations as set out in Column A of Schedule 1.
Schedule 9, specifying funds that are currently not allocated to speciï¬c provinces, that may be released to provinces to fund disaster response within a period from three days up to three months following a declared disaster in terms of the conditions of the Disaster Management Act.
An envisaged division of conditional allocations to provinces from the national government's share of revenue anticipated to be raised nationally for the next ï¬nancial year and the 2013/14 ï¬nancial year, which is subject to the annual Division of Revenue Acts for those years, is set out in Column B of the Schedules referred to in subsection (1).
A municipality may, only after obtaining the approval of the National Treasury, pledge, offer as security or commit to a person or institution future conditional allocation transfers due to the municipality for the next ï¬nancial year and the 2013/14 ï¬nancial year, for the purpose of securing a loan or any other form of ï¬nancial or other support from that person or institution.
evaluating the performance of programmes funded or partially funded by the allocation and the submission of such evaluations to the National Treasury, within four months in respect of a province, and six months in respect of a municipality, after the end of the ï¬nancial year.
(a) Subsection (1)(b) does not apply to the Urban Settlements Development Grant.
The transferring national officer for the Human Settlements Development Grant, after consultation with the receiving officer and the National Treasury, must determine the allocations from the Human Settlements Development Grant for each municipality that receives the Urban Settlements Development Grant and submit those allocations to the National Treasury not later than 14 days after this Act takes effect, and the National Treasury must publish those allocations in the Gazette within 14 days after receipt of the allocations.
<fn>GOV-ZA.29408En.2012-02-10.en.txt</fn>
The Minister of Health intends to introduce the attached Medical Schemes Amendment Bill, 2007 (the bill) in Parliament in 2007. The bill is hereby published for public comment in accordance with rule 241 of the Rules of the National Assembly.
Pretoria, 0001 (for the attention of the Director: Social Health Insurance) by not later than Wednesday the 31 of January 2007.
Words in bold type in square brackets indicate omissions from existing enactments. Words undcrlined with a solid line indicate insertions in existing enactments.
to provide for the establishment of a risk equalisation fund; to extend the functions of the Council for Medical Schemes; to provide for the application of risk equalisation to medical schemes, subject to certain exceptions; to provide for the provision of prescribed data by medical schemes to the Council for Medical Schemes for purposes of risk equalisation; to grant powers to the Minister to make regulations prescribing the methodology and procedures for risk equalisation; to provide for the early termination of office of a trustee or principal officer to be subject to approval by the Registrar; to amend the provieions relating to benefits provided by medical schemes; to amend the provisions relating to the composition of boards of trustees and eligibility of persons to serve as trustees or principal officers; to provide for overnight of the Registrar over election processes; to amend the provisions relating to disclosure of trustee remuneration; to provide for good corporate governance guidelines and associated disclosure requirements; to amend the provisions relating to the powers of the Minister to make regulations; to amend the provisions relating to offences; and to provide for matters in connection therewith.
1of Act 62 of 2002, section 40 of Act 65 of 2002, and section 25 of Act 52 of 2003.
of beneficiaries and may.
'financial transfer' means a financial transfer from the risk eaualisation fund to a medical scheme.
Amendment of section 7 of Act 131 of 1998, as amended by section 2 of Act 55 of 2001.
Insertion of Chapter 3A in Act 131 of 1998 3.
Establishment of Risk Equalization Fund 19A.
The Council must establish a Fund to be known as the Risk Eaualization by the Council.
report on the Fund as part of the reuort contemplated in section 14.
The Fund shall vest in and be administered bv the Council.
the Council for the mmmses mentioned in section 19D.
must utilise the money in the Fund in accordance with section 19D onlx for money received in. and payments macle from.
interest and dividends derived fiom the investment of money standing to the credit of the Fund: and other money lawfully mid into the Fund.
Council in accordance with subsection (2).
Money in the Fund shall.
thereof in termsof this Chapter.
of the Council. not being a liabilitv arising out of or in COMection with any such account. have or obtain recou~se or any right charge or otherwise. against money standing;to the credit of such account.
Investment ofmoney not immediately required money of the Fund which is not muired for immediate allocation.
Finance Management Act. 1999 (Act No.
the Auditor-General.
must be incorporated into the remrt in section 14.
determined bv the Registrar under section 191 to the Fund on being notified the Registrar in Writing of the amount of the financial transfer, within the period and in the manner stated in the notice.
If a medical scheme fails to uav a financial transfer referred to in uaramu or w it within the specified period, the Registrar may.
wav of civil action in a competent court recover the amount owed by the medical scheme.
the Council may.
The Minister shall, in consultation with the Minister of Finance and after following the consultation urocesses in calculation of the financial basis assess the financial transfers uavable bv a medical scheme. if any.
to the risk eaualization fund and the financial transfers to be made to a medical scheme. if am.
to correct an error or to retrosDectively of risk factors or other material changes.
lodged in terms of this subsection does not sus_pen to Day a financial transfer pending the outcome of an aumal. Drovided that if the Registrar is of the minion that the information submitted bv the medical scheme in accordance with Section 19L mav be incorrect, the Registrar may on some other reasonable basis make a determination of a financial transfer to be mid the ad.
The Registrar may. after consultation with the Minister and Minister of Finance, determine a schedule for the uromssive to in section 191, transfers on the financial soundness and viability of medical schemes in general.
must provide for an annual increase in the uercentage of the financial transfers that are pavable and the total financial transfers referred to in section 191 to become uayable witbin a reasonable period.
Review and amendment of formula for calculating financial transfers thereof and may recommend to the Minister anv amendments thereto necessary for ensuring utilization of the Fund.
The Minister may annually.
on the recommendation of the Council and in consultation with the Cabinet member resuonsible for national financial matters.
Everv medical scheme must at such intervals and in the form determined bv the Registrar submit to the Re~strar the information that he or she may of risk equalization.
J2) The Registrar must take reasonable measures to protect unauthorized access to information submitted in accordance with subsection (1).
It is an offence for any person to submit information that to the knowledge of that person is untrue or misleading in any material respect.
Verification of information in relation to information provided in accordance with section 19L, a medical scheme to submit to him or her the information as specified in the notice: or a report by an auditor or by any other person with appropriate the Registrar, on any matter soecified in the notice. J2 The Registrar may at any the business of a medical scheme if the Registrar has reason to believe that information submitted bv a medical scheme in accordance with section 19L is incorrect or false. The provisions of section 44, with the necessm changes, apply under this subsection.
the provisions of anv other law.
Board in terms of section 45 of the Auditing Profession Act. 2005 (Act No.
of that Act, if the reuort, amongst others. relate to the medical scheme's participation in the risk equalization fund; and inform the Registrar in writing of any matter relating to the affairs of a medical scheme of which the auditor became aware of in the performance of his or her functions as auditor of that medical scheme, that.in the opinion of the auditor relates to the medical scheme's participation in the risk equalization fund or may nenativelv impact on the medical scheme's abilitv to pay the financial transfers referred to in section 19H.
An auditor must inform the principal officer of a medical scheme of anv information referred to in subsection (l), provided to the Registrar.
may not be held to constitute a contravention of any provision of the law or breach of any provision of a code of professional conduct to which such auditor may be subiect.
Nothing in this subsection may be construed as conferring upon any person anv right of action against an auditor which. but for the Drovisions of that subsection, such person would not have had.
Annual dissemination of informationon risk equalization must annuallv 4 months before the start of the calendar year, inform each medical scheme of its proiections on financial transfers relating to that medical scheme.
Administrative penalties any step he or she mav take under this Act, immse on a medical scheme for anv failure to comply with a provision of this Chapter.
with the relevant provisions of the Promotion of Administrative Justice Act. 2000 (Act No. 3 of 2000) and mav not exceed the amount prescribed by which such failure continues.
to the Council within the period soecified bv the Council.
period. the Registrar bv way of civil action in a comuetent the amount of the administrative penaltv from the medical scheme.
Amendment of section 29 of Act 131 of 1998, as amended by section 9 ofAct 55 of 2001 4.
to such conditions as mav shall provide for the determination of contributions on the basis of income or number of dependants or both income and the number of deuendantq may.
for the determination of contributions on the basis of efliciencv factor: and including age.
sex, or past or present state of health of a beneficiarv.
Insertion of section 29B in Act 131 of 1998 5.
A medical scheme shall om~de in its des which shall be provided to evexv of the medical scheme.
Amendment of section 33 of Act 131 of 1998 6.
will not jeopardise the financial soundness of the medical scheme or of any existing benefit option within the medical scheme.
limitations on the number of benefit o~tions that mav be registered in a medical scheme.
Amendment of section 35 of Act 131 of 1998, as amended by section 12 of Act 55 of 2001 7.
"(12) The Registrar may, when he or she has received the information referred to in subsection (1 l)[, and in concurrence with the Council] -".
Amendment of section 37 of Act 131 of 1998, as amended by section 14 of Act 55 of 2001 8.
Amendment of section57 of Act 131 of 1998, as amended by section 23 of Act 55 of 2001 9.
members of the medical scheme from amongst members of the medical scheme.
or elected in terms of the rules of the medical scheme.
The election of a trustee bv the members of a medical scheme shall not be valid unless all the members of the medical scheme were eligible to vote in the election of that trustee.
The Registrar may.
Court for an order contemDlated that an election held bv a medical scheme was conducted in a manner which did not provide all the members of the medical scheme fixir to participate in the elections; or in a material resuect with the rules of the medical scheme or such conditions as mav be prescribed.
deem fit, and take such stem as may be necessary to ensure continuity of governance in the medical scheme pending the outcome of the new election urocess.
an employee, director, officer, consultant or contractor of [the administrator of the medical scheme concerned] any uerson contracted bv the medical scheme to provide administrative.
a broker or an employee. director. shareholder. officer, consultant or contractor of a uerson which Dmvides broker services:or administrative. marketing. broker.
an employee, director, officer, consultant or contractor of [the administrator of the medical scheme concerned] any uerson contracted bv the medical scheme to provide adminismtive.
marketing.
director, shareholder. officer. consultant or contractor of a -person which provides broker services: or the medical scheme to urovide administrative. marketing.
the medical scheme concerned: and any uerson contracted by the medical scheme to provide administrative.
Insertion ofsection57A in Act 131of 1998 10.
The board of trustees and urinciud officer of a medical scheme shall establish and maintain an adeauate and effective governance. which shall be consistent with the nature.
complexity and risks inherent in the activities and the business of the medical scheme concerned.
The Council may, from time to time.
A medical scheme shall. at such intervals and in such manner and format as the Council may time to time determine.
Amendment of section 66 of Act 131of 1998, as amended by section 27 of Act 55 of 2001 11.
liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and imprisonment.
of subsection (1).
or maintains or authorises the urepmtion or maintenance of any falsebooks of account or other records of falsifies or authorises the falsification of any books of account or other records. which causes. may cause or is intended to cause an error in the value of a financial transfer; or in any other way makes use of any fraud, art or contrivance whatsoever. or authorizes the use of any such fraud, art or contrivance which causes.
of an offence and is liable on conviction to a fine or to imurisonment for a period not exceeding 10 years. or to both such fine and imurisonment.
Amendment of section67 of Act 131 of 1998, as amended by section 28 ofAct 55 of 2001 and section 3 of Act 62 of 2002 12.
neceSSary to create of such medical scheme products in the market: and in the best interests of low income consumers.
This Act is called the Medical Schemes Amendment Act, 2007, and comes into operation on a date to be fixed by the President by proclamation in the Gazette.
the quality of data available for purposes ofadministering the risk equalisation fund; and any other matter relevant to such approval.
<fn>GOV-ZA.2943120061130r1203En.2012-02-10.en.txt</fn>
No. Gazette No.
Amendment of regulations.
DEPARTMENT OF MINERALS AND ENERGY No.
Under section 107 read with Item of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), and Energy, hereby make the regulations in the Schedule.
In these regulations "the Regulations" means the regulations published under Government Notice No. R.527 of 23 April 2004, as amended by Government Notice No.
Provided that a Court may, on good cause shown, condone the late lodgement thereof.
on appeal, determined by a Court.
determination of the Director-General that the claim is invalid as contemplated in subregulation (4) and the claimant has not appealed the decision of the Director-General as contemplated in subregulation or where the claimant has appealed the decision of the Director-General as contemplated in subregulation (5), the claimant has been informed in writing by the Minister of the confirmation of the said decision; or the period Contemplated in subitem has expired.
These regulations shall come into operation on the date of publication thereof.
<fn>GOV-ZA.29476En.2012-02-10.en.txt</fn>
I, Marthinus van Schalkwyk, the Minister of Environmental Affairs and Tourism, hereby publish the National Environmental Management: Integrated Coastal Management Bill for public comment.
THURSDAY 15 MARCH 2007. Comments received after this date may not be considered.
To establish a system of integrated coastal and estuarine management in South Africa, including norms, standards and policies, in order to promote the conservation of the coastal environment, and the ecologically sustainable development of the coastal zone; to define rights and duties in relation to the seashore and other coastal areas; to determine the responsibilities of organs of state in relation to the seashore and other coastal areas; to prohibit incineration at sea; to control dumping at sea, pollution in the coastal zone and other adverse effects on the coastal environment; to give effect to South Africa's international obligations in relation to coastal matters; and to provide for related matters.
Unlawful structures on coastal public property 101 . Existing lawful activities in coastal buffer zone 102.
Savings 104. Limitation of liability 105.
"Marine Living Resources Act" means the Marine Living Resources Act, 1998 (Act 18 -.
"wetland" means land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil.
to provide.
to secure equitable access to the opportunities and benefits of coastal public property; and to give effect to the Republic's obligations in terms of international law regarding coastal management.
through its functionaries and institutions implementing this Act, must act as the trustee of the coastal zone; and must, in implementing this Act, take reasonable measures to achieve the progressive realisation of those rights in the interests of every person.
its territorial waters, exclusive economic zone and continental shelf as described in the Maritime Zones Act, 1994 (Act 15 of 1994);and the Prince Edward Islands referred to in the Prince Edward Islands Act, 1948 (Act 43 of 1948).
A provision of this Act which relates to dumping and incineration at sea applies to South African aircraft and vessels also when outside the Republic.
in the national and local spheres of government; and in the provincial sphere of government, subject to section 146 of the Constitution.
This Act must be read with the National Environmental Management Act.
This Act must be regarded as a "specific environmental management Act" as defined in section 1 of the National Environmental Management Act.
Management Act applies to the resolution of conflicts arising from the implementation of this Act.
If there is a conflict between a section of this Act and other national legislation, the section of this Act prevails, if the conflict concerns coastal zone management.
A provision contained in this Act, in the National Environmental Management Act, or in regulations made, or an authorisation issued under, either Act, shall prevail if there is a conflict between that provision and a provision contained in regulations or in an authorisation that has been saved in terms of section 103 (1) or (2).
any portion of the seashore below the high-water mark which was lawfully alienated before the Sea-Shore Act, 1935 (Act 21 of 1935), took effect or which was lawfully alienated in terms of that Act and which has not subsequently been re-incorporated into the seashore; and any portion of a coastal cliff that was lawfully alienated before this Act took effect and is not owned by the state.
any harbour, work or other installation on or in any coastal public property of a category mentioned in paragraphs (a) to (h) that is owned by an organ of state.
to secure the natural functioning of dynamic coastal processes; or to facilitate the achievement of any of the objectives of this Act.
is adjacent to existing coastal public property; or forms part of the littoral active zone.
consult with interested and affected parties; and obtain the concurrence of the Cabinet member, or of the member of the Executive Council of the province, responsible for managing that state owned 1 and.
The declaration of state owned land as coastal public property in terms of subsection may only be withdrawn by the Minister by notice in the Guzette with the prior approval of Parliament.
This section does not affect the application of section 26.
exchanging the land for other land; or if no agreement is reached with the owner, by expropriating the land in accordance with the Expropriation Act, 1975 (Act 63 of 1975).
to (d); or at any time withdraw a designation in terms of paragraph (a).
consult the persons responsible for managing the state owned land; and obtain the concurrence of the Cabinet member responsible for managing that state owned land.
consult the persons responsible for managing the state owned land; and obtain the concurrence of the member of the Executive Council responsible for managing that state owned land.
must be regarded ascoastal public property.
The ownership of coastal public property vests in the citizens of the Republic and coastal public property must be held in trust by the state on behalf of the citizens of the Republic.
Coastal public property is inalienable and cannot be sold, attached, or acquired by prescription and rights over it cannot be acquired by prescription.
ensure that coastal public property is used, managed, protected, conserved and enhanced in the interests of the whole community; and take whatever reasonable legislative and other measures it considers necessary to conserve and protect coastal public property for the benefit of present and future generations.
does not prejudice the performance by the state of its duty to protect the environment; and does not cause an adverse effect.
in the interests of national security; or in the national interest.
No fee may be charged for access to coastal public property without the approval of the Minister.
The Minister, before granting approval for the imposition of a fee, must undertake a public participation process in accordance with Part 5 of Chapter 6 to enable interested and affected parties to make representations.
that has been leased; or that is, or forms part of, a protected area.
loses ownership of any portion of that land that becomes situated below the high-water mark; and is not entitled to compensation.
If accretion occurs, whether as a result of natural processes or human activities, land which formed part of the seashore when this Act took effect and which subsequently becomes situated inland of the high-water mark as a result of a change in the position of the high-water mark, remains part of the seashore, and does not become part of any adjoining property that has a boundary extending to, or to a stated distance from, the high-water mark.
The owner or occupier of land adjacent to the seashore or other coastal public property capable of erosion may not require any organ of state or any other person to take measures to prevent the erosion of the seashore or such other coastal public property, or of land adjacent to coastal public property, unless the erosion is a reasonably foreseeable consequence of an action by that organ of state or other person.
No person may construct, maintain or extend any structure, or take other measures on coastal public property to prevent or promote erosion or accretion of the seashore except as provided for in this Act.
any part of the seashore which is not coastal public property, including all privately owned land below the high water mark; or any admiralty reserve which is not coastal public property.
or (h), may be excised from the coastal buffer zone in terms of section 26.
performing rescue operations; or temporarily depositing objects and materials washed up by the sea or tidal waters.
Each municipality whose area includes coastal public property must within four years of the commencement of this Act, make a by-law that designates strips of land adjacent to that coastal public property as coastal access land in order to secure public access to that coastal public property.
Coastal access land is subject to a public access servitude in favour of the local municipality within whose area of jurisdiction it is situated and in terms of which members of the public may use that land to gain access to coastal public property.
any other applicable national or provincial legislation.
No land within a harbour, defence or other strategic facility may be designated as coastal access land without the consent of the Cabinet member responsible for that facility.
any public right of way, municipal servitude or other land which the public were entitled to use to gain access to public coastal property when this Act commenced; and any place which, for at least five years immediately prior to the cornmencement of this Act, had been used by the public to gain access to public coastal property, including access to boat launching sites and proclaimed fishing harbours.
and organ of state or any other interested and affect party, withdraw the designation of any land as coastal access land.
A municipality may withdraw the designation of any land as coastal access land by following the same procedure as is required to designate land as coastal access land.
consult with interested and affected parties in accordance with Part 5 of Chapter 6; and give notice of the intended designation or withdrawal of the designation to the owner of the land.
describe or otherwise indicate all coastal access land in any municipal coastal management programme and in any municipal spatial development framework prepared in terms of the Municipal Systems Act; and perform any other actions that may be prescribed.
A municipality may make by-laws for the proper implementation of subsection (1).
in the interests of the whole community; and in accordance with the Republic's obligations under international law.
Subject to section 92, the MEC may by notice in the Gazette declare that with effect from a specified date the whole or any part of a protected area, that is not coastal public property, will not form part of the coastal buffer zone.
The MEC may only publish a notice referred to in subsection (1) if he or she reasonably believes that doing so will not prejudice the effective management of the coastal zone.
declare an area that is wholly or partially within the coastal zone to be a special management area; or withdraw or amend any declaration in terms of paragraph (a).
Before declaring an area to be a special management area, the MEC must give interested and affected parties an opportunity to make representations in accordance with Part 5 of Chapter 6.
The MEC must by notice in the Gazette, appoint a manager for each special management area.
a traditional authority; or any other person with appropriate expertise and capacity.
define the duties and powers of the manager; and prescribe rules to facilitate the achievement of the objectives for which the special management area was declared.
The MEC may not make regulations for the management of a special management area that conflict with any regulations applicable to the management of a protected area within the special management area.
to preserve the aesthetic values of the coastal zone; or for any other reason consistent with the objectives of this Act; and prohibit or restrict the building, erection, alteration or extension of structures that are wholly or partially seaward of that coastal set-back line.
Before making or amending the regulations referred to in subsection (I), consult with any local municipality within whose area of jurisdiction the coastal set-back line is, or will be, situated; and give interested and affected parties an opportunity to make representations in accordance with Part 5 of Chapter 6.
A local municipality within whose area of jurisdiction a coastal set-back line has been established must immediately delineate the coastal set-back line on a map or maps that form part of its zoning scheme in order to enable the public to determine the position of the set-back line in relation to existing cadastral boundaries.
A coastal set-back line may be situated wholly or partially outside the coastal zone.
coastal access land may be determined or adjusted by the municipality in accordance with sections 29 by notice in the Gazette.
The power of the Minister to determine or adjust the inland boundary of coastal public property includes the power to make any consequential change to an adjoining boundary of the coastal buffer zone or coastal access land.
has shifted due to natural or artificial processes; or the Minister, MEC or municipality concerned reasonably believes that the objectives of this Act will be achieved more effectively by doing so.
any applicable coastal management programme, and comply with any other requirements that may be prescribed.
If the Minister or MEC determines or adjusts any boundary under this section, he or she must immediately inform any municipality within whose area of jurisdiction the boundary is situated to enable the municipality to reflect that boundary on its zoning maps in accordance with section 31.
any other factor that may be prescribed.
The MEC may not determine or adjust the boundaries of the coastal buffer zone in a manner that changes the boundaries of coastal public property.
The MEC may include land that is not adjacent to coastal public property in the coastal buffer zone.
the importance of allowing for the movement of the position of the high water mark over time and of protecting the inland boundary of coastal public property by demarcating a continuous strip of land adjacent to it; and any other factor that may be prescribed.
the need to protect any coastal protected areas; and the importance of not restricting the rights of land owners unreasonably.
erect a beacon; or take any other steps that may be necessary.
If the Minister, the MEC or a municipality determines or adjusts a boundary in accordance with section 26, a local municipality within whose area of jurisdiction the boundary is situated must immediately delineate that boundary on a map or maps that form part of its zoning scheme in order to enable the public to determine the position of the boundary in relation to existing cadastral boundaries.
or section 26(3).
include a description of the land involved; or be accompanied by a diagram of the land involved which is signed by a land surveyor.
On receipt of the notification, the Registrar of Deeds must make the applicable endorsements on all deeds and other records that may be affected by the determination or adjustment of a boundary or a demarcation.
Estuaries within the Republic must be managed in a co-ordinated and efficient manner in and in accordance with a national estuarine management protocol.
The Minister, with the concurrence of the member of the Cabinet responsible for water affairs, must within four years of the commencement of this Act, prescribe the national estuarine management protocol.
identify who must prepare estuarine management plans and the process to be followed in doing so; and specify the process for reviewing estuarine management plans to ensure that they comply with the requirements of this Act.
the national estuarine management protocol; and the national coastal management programme and with the applicable provincial coastal management programme and municipal coastal management programme referred to in Parts 1,2 and 3 of Chapter 6.
An estuarine management plan may form an integral part of a provincial coastal management programme or a municipal coastal management programme.
The Minister may by notice in the Gazette establish a National Coastal Committee and determine its powers.
The Department must provide administrative support to the National Coastal Committee.
perform any function delegated to it.
The Minister shall appoint the members of the National Coastal Committee.
one or more members representing municipalities in the coastal zone; and representatives of national government departments who play a significant role in undertaking or regulating activities that may have an adverse effect on the coastal environment, including representatives of the Department of Minerals and Energy, the Department of Transport, the Department of Public Works, the Department of Land Affairs, the Department of Water Affairs and Forestry and the Department of Trade and industries.
an alternate member for any member of the National Coastal Committee; and a replacement for any member who vacates his or her office.
The Minister must, with the consent of the Minister of Finance, determine the rate of remuneration and the allowances payable to any member of the National Coastal Committee who is not an employee of an organ of state.
The Premier of each coastal province must within two months of the commencement of this Act designate a provincial organ of state to function as the lead agency for coastal management in the province and must ensure that there is at all times a lead agency for coastal management in the province which is responsible to the MEC.
take all reasonably practical measures to monitor compliance with, and enforce this Act, either alone or in co-operation with other enforcement agencies; and perform any other functions assigned to it by the Minister or the MEC under this Act.
The Premier may assign some of the functions referred to in subsection (1) to any organ of State other than the lead agency in the province.
Each MEC must within twelve months of the commencement of this Act establish a Provincial Coastal Committee for the province.
promote the integration of coastal management concerns and objectives into the plans, programmes and policies of other organs of state whose activities may have caused or may cause adverse effects on the coastal environment; and perform any function delegated to it.
Subject to subsection (5), the MEC must determine the composition of the Provincial Coastal Committee, and in doing so must take account of the desirability of ensuring the representation on the Provincial Coastal Committee of organs of state and community groups or bodies which have a material and direct interest in the conservation and management of the coast or the use of coastal resources.
persons with expertise in fields relevant to coastal management; and one or more members representing municipalities in the coastal zone.
an alternate member for any member of the Provincial Coastal Committee; and a replacement for any member who vacates his or her office.
The MEC must, with the consent of the MEC responsible for finance in the province, determine the rate of remuneration and the allowances payable to any member of the Provincial Coastal Committee who is not an employee of an organ of state.
The Director-General may appoint a member of the Department to participate as a non-voting member of a Provincial Coastal Committee and may appoint an alternate or replacement for any such member.
The MEC of a coastal province may appoint any member of the public who has appropriate expertise as a voluntary coastal officer.
A voluntary coastal officer must exercise the powers and perform the duties assigned to him or her by the MEC in a manner that conserves and protects coastal public property.
clearly define the responsibilities and duties of each voluntary coastal officer in their letter of appointment; and issue each voluntary coastal officer with an identify card that confirms their appointment.
A voluntary coastal officer who is exercising powers or performing functions in terms of this Act must produce his or her identity card at the request of a member of the public.
must review the programme at least once every five years; and may, when necessary, amend the programme.
of the adoption of the programme; and that copies of, or extracts from the programme are available for public inspection at specified places; and publicise a summary of the programme.
be a policy directive on integrated coastal management; and provide for an integrated, co-ordinated and uniform approach to coastal management by organs of state in all spheres of government, non-governmental organisations, the private sector and local communities.
identifies the responsibilities of different organs of state, including their responsibilities in relation to marginalised or previously disadvantaged communities that are dependent on coastal resources for their livelihoods; and facilitates co-ordinated and integrated coastal management.
The Minister must, within 12 months of the commencement of this Act by notice in the Gazette, identify the coastal management roles and responsibilities of the coastal provinces, coastal municipalities and other organs of state.
Before issuing the notice referred to in subsection (l), the Minister must consult with the authorities identified in the notice.
If the province has a provincial land development plan or an integrated development plan, programme or strategy, its coastal management programme may form part of that plan, programme or strategy.
the national coastal management programme; and the national estuarine management protocol.
to develop estuarine management plans for estuaries in the province; and performance indicators to measure progress with the achievement of those objectives.
A provincial coastal management programme may include a programme of projected expenditure and investment by the provincial government in order to implement the provincial coastal management programme.
must review any programme adopted by it at least once every five years; and may, when necessary, amend the programme.
A municipality may prepare and adopt a coastal management programme as part of an integrated development plan and spatial development framework adopted in accordance with the Municipal Systems Act and if it does so, compliance with the public participation requirements prescribed in terms of the Municipal Systems Act for the preparation and adoption of integrated development plans will be regarded as compliance with public participation requirements in terms of this Act.
the national and provincial coastal management programmes; and the National Estuarine Management Protocol.
to assist in the achievement of the national and provincial coastal management objectives as may be applicable in the municipality; and performance indicators to measure progress with the achievement of those objectives.
estuarine management plans; and any other matter that may be prescribed.
By-laws A Municipality may administer its coastal management programme and may make by-laws to provide for the implementation, administration and enforcement of the coastal management programme.
contain those provisions of the national coastal management programme and any applicable provincial coastal management programme that specifically applies to it; and give effect to the national coastal management programme and any applicable provincial coastal management programme.
a provincial strategic policy and plan concerned with promoting sustainable development; and the National Estuarine Management Protocol.
The Minister must ensure that there is consistency between the national coastal management plan and other statutory plans adopted by a national organ of state.
The MEC must ensure that there is consistency between the provincial coastal management plan and other statutory plans adopted by either a national or a provincial organ of state.
Each municipality in the coastal zone must ensure that its integrated development plan (including its spatial development framework) is consistent with other statutory plans adopted by either a national or a provincial organ of state.
If there is a conflict between the provisions of a coastal management programme and the provisions of another statutory plan, the person responsible under subsections (2), or (4) for ensuring consistency must discuss the conflict with the organ of state responsible for that statutory plan in order to resolve the conflict, failing which the conflict must be dealt with in accordance with Chapter 4 of the National Environmental Management Act.
Conflicts between a coastal management programme and other statutory plans must be resolved in a manner that best promotes the objects of this Act.
or (4) for ensuring consistency has agreed with the organs of state that is responsible for a statutory plan that is in conflict with the relevant coastal management programme on how best to resolve a conflict, they must make appropriate amendments to one or more of the conflicting plans in order to eliminate or resolve the conflict.
consult with interested and affected parties by means of a fair consultative process that enables them to participate effectively in the decision-making process; and take account of the representations and objections received during the consultative process before exercising the power.
any national, provincial or municipal organ of state whose area of responsibility may be significantly affected by the exercise of the power must be regarded as interested and affected parties.
require interested and affected parties to register as such in order to participate in a decision-making process provided that the registration requirement does not unfairly prejudice or exclude any group of interested and affected parties; and allow an interested or affected parties to make oral representations or objections in order to enable them to participate more effectively in the decision-making process.
contain sufficient information to enable interested and affected parties to make meaningful representation or objections, and if appropriate, state where to obtain further information; and explain how interested and affected parties may make representations and participate in the decision-making process.
A decision-maker that believes that it does not have sufficient information to make a decision that it is required by this Act to make, may at any time within the period allowed for making the decision, in writing request an organ of state, a person making an application under this Act, or any interested and affected party, to provide information or to comment within a specified period.
A decision-maker may regard any person who does not provide the information requested or comment within the period specified in terms of subsection (1) as not having any comment to make or information to furnish.
consider information or comments provided after any specified period, whether or not an extension was granted, if it is satisfied that there are exceptional circumstances that justify doing so.
The Minister may at any time review any provincial coastal management programme.
gives adequate protection to coastal public property; and provides an appropriate policy framework for establishing an effective and efficient system of coastal management based on the coastal management principles.
If the Minister believes that a provincial coastal management programme does not meet all the criteria referred to in subsection (2), the Minister must by notice to the MEC of the province concerned, require the MEC to amend or replace the provincial coastal management programme in order to meet the requirements stipulated in sub-section (2) within a reasonable period, which must be specified in the notice.
An MEC who receives a notice in terms of subsection (3) must amend or replace the coastal management programme by following the same procedure used to prepare and approve it under this Act except that the new or amended coastal management programme may not be finally approved without the consent of the Minister.
The Minister may request an MEC to review a municipal coastal management programme under section 54, and if the MEC is unable or unwilling to do so within a reasonable period the Minister may do so and section 54 will apply with necessary modifications to a review by the Minister.
The MEC may at any time review a municipal coastal management programme.
gives adequate protection to coastal public property; and was prepared in a manner that allowed for effective participation by interested and affected parties.
If, after considering the advice of the Provincial Coastal Committee, the MEC believes that a provincial coastal management programme does not meet all the criteria referred to in subsection (2), the MEC must by notice to the municipality concerned, require the municipality to amend or replace the municipal coastal management programme in order to meet the requirements of the MEC within a reasonable period, which must be specified in the notice.
A municipality that receives a notice in terms of subsection (3) must amend or replace the coastal management programme by following the same procedure used to prepare and approve it under this Act except that the new or amended coastal management programme may not be finally approved without the consent of the MEC.
take into account any other applicable coastal management programmes.
the municipality, in consultation with the MEC and after consultation with any authority that is responsible for managing an area to which the zoning scheme applies, if the zoning scheme is not one referred to in paragraphs (a) or (b) and applies to an area falling within its jurisdiction; and the management authority of a special management area, in consultation with the MEC and after consultation with the municipality, if the zoning scheme only applies within that management area.
an MEC takes precedence over any other coastal zoning scheme except one established by the Minister or the management authority for a coastal protected area; or a municipality takes precedence over any other coastal zoning scheme except one established by the Minister or the MEC, or established within a coastal protected area by the management authority for that protected area.
affects the navigation of vessels on the sea; or restricts vessels entering or leaving a harbour.
A coastal zoning scheme may not create any rights to use land or coastal waters.
Subject to section 55(5), a coastal zoning scheme of a municipality may form, and be enforced as part of, any land use scheme adopted by the municipality.
A municipality must not adopt a land use scheme that is inconsistent with a coastal zoning scheme made in terms of this Act and if there is a conflict between a municipal land use scheme established after the commencement of this Act and a coastal zoning scheme made in terms of this Act, the coastal zoning scheme shall prevail.
"environmental management plan" must be read as including a coastal management programme applicable in the area concerned.
the operator of a pipeline that ends in the coastal zone; or any person who produced a substance which caused, is causing or is likely to cause an adverse effect.
Before granting an authorisation or consent referred to in subsection (l), the organ of State concerned must undertake a public participation process in accordance with Part 5 of Chapter 6.
to stop or postpone the activity for a reasonable period to allow for the investigation to be carried out and for the Minister or MEC to evaluate the report.
consult with any other organ of state that authorised or is competent to authorise, the undertaking of the activity or proposed activity concerned; and give the person to whom the coastal protection notice is to be addressed an opportunity of making representations.
The power of the Minister to issue a coastal protection notice in terms of subsection is delegated to the MEC but may be exercised by the Minister in accordance with section 96.
to take measures to protect indigenous fauna.
is having or is likely to have an adverse effect on the coastal environment, by virtue of its existence, because of its condition, or because it has been abandoned; or has been erected, constructed or upgraded in contravention of any law including this Act.
The power of the Minister to issue a repair and removal notice in terms of subsection is delegated to the MEC but may be exercised by the Minister in accordance with section 96.
to repair the structure to the satisfaction of the Minister, MEC or municipality within the time stated in the notice; or to take any other appropriate steps in terms of this Act or any other applicable legislation to secure the removal or repair of the structure.
publish a notice that complies with the provisions of subsection (3) once in the Gazette and once a week for two consecutive weeks in a newspaper circulating in the area in which the structure in question is situated; and affix a copy of the notice to the structure in question during the period of advertisement.
from any person subsequently found to be responsible for the structure, the costs reasonably incurred in carrying out the required action.
An organ of state that is responsible for implementing national, provincial and municipal legislation that regulates the planning or development of land must apply that legislation in relation to land in the coastal buffer zone in a way that gives effect to the purposes for which the buffer zone is established as set out in section 17.
An organ of state may not authorise land within the coastal buffer zone to be used for any activity that may have an adverse effect on the coastal environment without first considering an environmental impact assessment report.
Subject to subsection (2) and section 101, the activities listed in Part A of Schedule 3 are prohibited within the coastal buffer zone.
the socio-economic benefits of the activity outweigh the potential adverse effects on the coastal environment; and the activity would be in the interests of the whole community.
consider an environmental impact assessment report on the proposed activity; and consult with interested and affected parties.
A special permit must be subject to appropriate conditions to minimise any adverse effects on the coastal environment.
Subject to subsection (2), no person may undertake an activity listed in Part B of Schedule 3 or a development that involves such an activity, within the coastal buffer zone except under and in accordance with a coastal use permit.
that is authorised in terms of a special permit issued under section 63 (2); or that has been exempted from the provisions of this section in regulations prescribed by the Minister.
Subject to subsection (2), no person may undertake on coastal public property or within the exclusive economic zone an activity listed in Part C of Schedule 3, or a development that involves such an activity, except under and in accordance with, a coastal use permit.
a regulation; or a provincial or municipal coastal management programme applicable in the area.
The Minister may, by notice in the Gazette, declare any activity that takes place partially or wholly within coastal public property or the exclusive economic zone and that involves the charging of any person for experiencing or using any aspect of the environment, to be a controlled commercial activity.
No person may carry out a controlled commercial activity except under and in accordance with a coastal use permit.
An application for a coastal use permit must be made to the issuing authority designated in regulations prescribed by the Minister.
to (e) inclusive.
the coastal management programmes and coastal management objectives applicable in the area; (d) the socio-economic impact if the activity is authorised and if it is not; and the likely impact of the proposed activity on the coastal environment.
the proposed activity or development will provide services necessary or convenient for the public when using coastal public property or a coastal protected area.
an authority whose consent is required for the issue of the coastal use permit, refuses to give that consent.
If an application for a coastal use permit cannot be approved by the issuing authority because of a provision of subsection 9, but the issuing authority believes that issuing the permit would be in the public interest, the issuing authority may refer the application for consideration by the Minister in terms of section 69.
The issuing authority must ensure that the terms and conditions of any permit are consistent with any applicable coastal management programmes and promote the attainment of coastal management objectives in the area concerned.
The competent authority for the purposes of issuing a special permit or a coastal use permit to undertake an activity listed in Schedule 3, or a development that involves such an activity, must as far as practicable in the circumstances, co-ordinate or consolidate its application and decision-making processes with those of other organs of state without whose approval or consent the activity or development may not be undertaken.
act jointly with the other organs of state referred to in (1) and issue a single integrated special permit or an integrated coastal use permit that grants approval for the proposed activity or development for the purposes of this Act and of any other legislation specified in the permit; or issue the special permit or coastal use permit as part of a consolidated authorisation consisting of authorisations issued under different legislation by the persons competent to do so, that have been consolidated into a single document in order to ensure that the terms and conditions imposed by each competent authority are comprehensive and mutually consistent.
making process for issuing that integrated permit must comply with both the requirements of this Act and of that other legislation.
must identify the authority or authorities that have issued it; and if it is to be regarded as an approval or an authorisation under other legislation, must state this and identify each such approval or authorisation; and must indicate to whom applications for any amendment or cancellation of the integrated permit must be made.
Unless an integrated permit provides otherwise, any provisions of it is enforceable both in terms of this Act and in terms of any other statutory provision in terms of which it was issued, except that a provision that could not lawfully have been included in a permit issued exclusively under other legislation cannot be enforced under that legislation.
The Minister may prescribe that an environmental authorisation may be regarded as a coastal use permit for the purposes of this Act, either generally or in specific circumstances.
if the activity for which the permit is required is overwhelmingly in the interests of the whole community despite the adverse effect it is likely to cause to the coastal zone; and on condition that any irreversible or long-lasting adverse effects must be mitigated as far as is reasonably possible.
Before deciding the application, the Minster may require the applicant to furnish additional information, including the results of any further studies undertaken.
Subject to sections 72 and 100, no person may occupy any part of, or site on, or construct or erect any building, road, or structure on or in, coastal public property except under and in accordance with a coastal land lease awarded by the Minister in terms of this Chapter.
a coastal concession awarded by the Minister in terms of this Chapter; or an authorisation issued under the Marine Living Resources Act.
on application by a person; or if the Minister so determines in any specific case, through a prescribed bid process.
An application for a coastal land lease or coastal concession must be lodged in the prescribed manner.
to obtain any other authorisation that may be required in terms of other legislation; or to comply with any other legislation.
is subject to any prescribed conditions or as may be determined by the Minister in any specific case; and must provide for the payment by the lessee or concessionaire of a reasonable rent or royalty.
A coastal land lease or coastal concession on land that is partially or completely submerged by coastal waters may authorise the lessee to use the water above that land either exclusively or for specified purposes.
deposit materials on it; and construct and use temporary works on it, including roads.
The powers of the Minister in terms of subsection (1) are delegated to the MEC but may be exercised by the Minister in accordance with section 96.
If the land is private property, the MEC or Minister acting in terms of subsection (1) must, before occupying the land, give the occupier and the owner of the land reasonable notice, in writing, of the intention to occupy and such occupation shall be considered a deprivation.
changes in circumstances require such amendment, revocation, suspension or cancellation; or it is necessary to meet the Republic's international obligations.
An issuing authority must by written notice delivered to the holder of the authorisation, or sent by registered post to the holder's last known address, request the holder to make written representations within a period of 30 days fiom the date of the notice, why the authorisation should not be amended, revoked, suspended or cancelled, as the case may be.
alter the terms or conditions of the authorisation; or decide not to amend, revoke, suspend or cancel the authorisation.
Notwithstanding the provisions of subsections (2) and (3), the Minister may, whenever he or she is of the opinion that it is in the interests of the promotion, protection or utilisation on a sustainable basis of the coastal zone, at any time by written notice to the holder of a authorisation amend, revoke, suspend or cancel the authorisation.
If the Minister intends to exercise the powers under sub-regulation (4), then the provisions of subsection (2) apply with the relevant changes.
If the Minister or an issuing authority has reason to believe that it is necessary to exercise powers under subsections (3) or (4) urgently in order to protect the coastal environment or human health and well-being, the Minister or issuing authority may, by notice to the holder of an authorisation, temporarily suspend the authorisation and then follow the procedure in subsection (2).
No person shall discharge effluent that originates from a source on land into coastal waters except in terms of a general authorisation referred to in subsection (2) or a coastal waters discharge permit issued under this section by the Minister after consultation with the member of the Cabinet responsible for water affairs.
The Minister, after consultation with the member of the Cabinet responsible for water affairs, may by notice in the Gazette generally authorise all, or a category of persons to discharge effluent into coastal waters.
Any person who wishes to discharge effluent into coastal waters in circumstances that are not authorised under a general authorisation referred to in subsection (2) must apply to the Department for a coastal waters discharge permit.
within 24 months of the date of commencement of this Act if the discharge is in terms of a licence or authorisation under the National Water Act; or within 36 months of the date of commencement of this Act if the discharge is a continuation of an existing lawful water use in terms of sections 32 or 33 of the National Water Act.
or (b) has not yet expired.
must comply with any applicable waste standards or water management practices prescribed under this Act or under section 23 of the National Water Act, unless the conditions of the relevant authorisation provide otherwise; and must register the discharge with the Department of Water Affairs and Forestry.
the factors listed in section 27 of the National Water Act: and any other factors that may be prescribed.
to prejudice significantly the achievement of any objective set out in the national coastal management programme or the applicable provincial coastal management programme; or to be contrary to the interests of the whole community.
of the National Water Act.
Minister and the member of the Cabinet responsible for water affairs must within five years of the commencement of this Act decide whether or not to issue a permit or permits referred to in subsection (10) and the conditions that will apply to any permits issued, but before doing so, must give the holders of authorisations issued prior to the commencement of this Act a reasonable opportunity ot making representations.
(1 1) An organ of state that issues a permit under subsection (1) must report every three years in the prescribed form to the National Coastal Committee on the status of each pipeline that discharges effluent into coastal waters and its impacts on the coastal environment.
dump at sea any waste or other material within the coastal waters or the exclusive economic zone; or dump from a South African vessel, aircraft, platform or other man-made structure at sea, any waste or other material on the high seas; or dump from a South African vessel, aircraft, platform or other man-made structure at sea, any waste or other material in any area of the sea under the jurisdiction of another state, except under and in accordance with the written permission of that state.
that adverse weather conditions necessitated the dumping or incineration at sea in order to secure the safety of human life or of the vessel, aircraft, platform or structure in question; or that there was a danger to human life or a real threat to the vessel, aircraft, platform or structure in question, that there appeared to be no reasonable alternative to dumping or incineration at sea, and that it is probable that the adverse effects arising from the dumping or incineration at sea were less than would otherwise have occurred; and that in either case, the dumping or incineration at sea was conducted in a manner that minimised any actual or potential adverse effects and was without delay reported to the Department.
apply in writing to the Minister in the form stipulated by the Minister for a dumping permit that authorises the waste or other material to be loaded aboard a vessel, aircraft, platform or other structure and to be dumped at sea; and pay the prescribed fee.
the interests of the whole community; and any other factors that may be prescribed.
organic material of natural origin; or bulky items primarily comprising iron, steel, concrete and similarly non-harmful materials for which the concern is physical impact, and limited to those circumstances where such wastes are generated at locations, such as small islands with isolated communities, having no practicable access to disposal options other than dumping at sea.
would be contrary to the obligations of the Republic under international law; or would be contrary to the interests of the whole community.
A dumping permit may not be issued for a period exceeding twelve months and shall automatically lapse at the end of the period for which it was issued.
the dumping at sea of a quantity of any particular waste or other material is necessary, in the opinion of the Minister, to avert an emergency that poses an unacceptable risk to the environment or to human health or safety; and there is no other feasible solution.
any foreign state that is likely to be affected by the proposed dumping at sea; and the International Maritime Organisation.
as far as reasonably possible in the circumstances, follow any recommendations received from the International Maritime Organisation when imposing permit conditions regarding the procedures to be followed in conducting the loading or dumping at sea of the relevant quantity of waste or other material; and inform the International Maritime Organisation of any action taken under this section within a reasonable period thereafter.
The Minister must progressively and subject to available resources, develop a national action list to provide a mechanism for screening waste and other material on the basis of their potential effect on human health and the marine environment.
be developed in accordance with the Waste Assessment Guidelines set out in Scheduie 2; and contain the prescribed information.
the Minister if the notice was issued by an MEC; or the MEC of the province concerned, if the notice was issued by a person exercising powers delegated by the MEC or by a municipality in that province.
a provincial organ of state; or a municipality in that province.
state briefly the facts on which the appellant relies and include any relevant information that was not placed before the decision-maker and which the appellant believes should be considered on appeal; and comply with any requirements that may be prescribed.
An appeal under this section does not suspend an authorisation or an exemption, or any provision or condition of an authorisation, or any notice issued under Chapter 7, unless the Minister or MEC directs otherwise.
The Minister or MEC may extend the period within which appeals may be lodged and may accept an appeal delivered out of time if he or she considers it is equitable to do so.
The Minister or MEC may dismiss an appeal that he or she considers to be trivial, frivolous or manifestly without merit.
Minister or the MEC on an appeal.
not appoint a person if that person, or any spouse, partner or close family member of that person, has a personal or private interest in the appeal.
The Minister with the consent of the Minister of Finance, or the MEC with the consent of the member of the provincial executive council responsible for finance, must determine the rate of remuneration and the allowances payable to any member of an appeal panel who is not an employee of an organ of state.
No person may institute an action against a member of an appeal panel for anything that the member said, did, or omitted to do, while acting in good faith with the intention of performing his or her functions as a member.
The Minister or MEC may, at any time after an appeal has been lodged, make any interim order pending the determination of the appeal, that he or she considers equitable or appropriate to achieve the purposes of this Act.
deal with procedural issues.
The Minister or an MEC may make an interim order at his or her own initiative, or in response to an application by the appeal panel or a party to the appeal proceedings.
If a party to the proceedings applies for an interim order, the Minister or MEC must give the parties to the proceedings a reasonable opportunity to make oral or written submissions, but may make an interim order pending the making of submissions by the parties if the Minister or MEC has reason to believe that doing so would be just or desirable in order to protect the coastal environment.
The chairperson of an appeal panel decides when and where the panel meets.
An appeal panel must give the appellant, the person who made the decision or gave the notice appealed against, and any other interested and affeFted parties, a reasonable opportunity of making written submissions, and may allow oral representations to be made.
and guidelines published or endorsed by the Department or the provincial lead agency.
An appeal panel must give a written report to the Minister or MEC setting out its findings and recommendations.
The decision of the majority of the ineinbers of an appeal panel is the decision of the panel but the chairperson must ensure that any dissenting opinions by members are recorded in the written report of the panel.
uphold part or all of the appeal and either vary the decision appealed against or set aside the decision and make a new decision; or 9 c refer the appeal back to the appeal panel with directions to investigate and consider specific facts or issues and to report back to the Minster or MEC.
the purpose of this Act and any relevant coastal management objectives; and the findings and recommendations of the appeal panel, but is not bound by them.
dumps any waste or other material at sea without a dumping permit in contravention of section 75(2).
knowingly makes any false statement or report, for the purpose of obtaining or objecting to, a permit, lease or concession.
undertakes an activity listed in Part B of Schedule 3, or a development that involves such an activity, without a coastal use permit in ternis of section 63; or undertakes a controlled commercial activity in contravention of section 66.
performs an activity for which the authorisation was issued or awarded otherwise than in accordance with any conditions subject to which the authorisation was issued or awarded; or permits or allows any other person to do, or to omit to do, anything which is an offence in terms of paragraph (a) or (b).
A person who is guilty of a category one offence referred to in section 84 may be sentenced to a fine of up to five million Rand or imprisonment for a period of up to ten years. or to both a fine and such imprisonment.
000 (five hundred thousand Rands) or to imprisonment or community service for a period of up to five years, or to a combination of a fine, imprisonment and community service.
(twenty thousand Rands) or community service for a period of up to six months or to both a fine and such service.
A person who is guilty of a category two or three offence may be sentenced on a second conviction for that offence as if he or she has committed a category one or two offence, respectively.
for any offence in terms of this Act, may suspend, revoke or cancel an authorisation or permit granted to the offender under this Act.
A magistrate's court has jurisdiction in the prosecution of any offence in terms of this Act and to impose any penalty provided for in this Act.
If a person is charged with the commission of an offence in terms of this Act on, in or above coastal waters, a court whose area of jurisdiction abuts on the coastal waters has jurisdiction in the prosecution of the offence.
accept service of legal processes and defend any legal proceedings instituted in connection with coastal public property.
the sustainable use of coastal resources;.
the authorities that will be competent to issue the different categ6rie.
the presence and use of vehicles and aircraft within the coastal zone; the presence and recreational use of vessels on coastal waters ; the seizing, removal and disposal of vehicles, vessels, aircraft or property suspected of being used in the commission of an offence under this Act and of coastal resources suspected of having been illegally obtained; and methods, procedures and conditions for obtaining access to relevant information, including entry to private property.
will entail the expenditure of funds in future years; or prescribes application fees for, or other charges in relation to, dumping permits or coastal waters discharge permits.
the MEC before making any regulations concerning the coastal zone within that province.
the granting of permission for the erection, placing, alteration or extension of a structure that is wholly or partially seaward of a coastal set-back line and the process to be fgllowed for acquiring such permission, including. the authority by whom, the circumstances in which.
of that section, that may be necessary to facilitate the implementation of this Act in the province.
Any regulation which will entail the expenditure of funds in future years may be made only with the concurrence of the MEC responsible for finance in the province.
The Minister or MEC must publish draft regulations for public comment and must take any submissions received into account before making any regulations in terms of section 88 or 89.
Subsection (1) need not be applied to a minor or a mere technical amendment to regulations.
both a fine and imprisonment.
Schedule 3 after consultation with any organ of state that is responsible for authorising any development or activity that the Minister proposes to include in, or delete from, that Schedule.
straddles a boundary between two provinces; or extends up to, or straddles, the borders of the Republic of South Africa.
If subsection (1) applies, references in sections 22,23,24,25,26, and 27 to the MEC must be read as reference to the Minister and the reference in section 23 to the Minister must be read as a reference to the MEC.
If an MEC has reason to believe that a municipality is not taking adequate measures to prevent or remedy adverse effects on the coastal environment, to implement or monitor compliance with provincial norms and standards, or to give effect to the provincial coastal management programme, the MEC may in writing direct the municipality to take specified measures to do so.
The MEC must not give a directive under subsection (1) without first consulting with the municipality and giving it a reasonable opportunity to make representations.
If the municipality does not comply with a directive under subsectgon may use any powers granted to the MEC under this Act to take measures to prevent or remedy adverse effects on the coastal environment, to implement or monitor compliance with provincial norms and standards, or to give effect to the provincial coastal management programme.
any other organ of state, statutory functionary, or management authority of a special management area, by agreement with that organ of state, statutory functionary or management authority.
may include the power to sub-delegate; and does not divest the Minister of the responsibility concerning the exercise of the power or the performance of the duty.
The Minister must give notice in the Gazette of any delegation of a power or duty to an MEC, organ of state or statutory functionary.
The Minister may confirm, vary or revoke any decision made using a power granted by a delegation or sub-delegation in terms of a provision of this Act or of a statute repealed by this Act.
may withdraw by notice in writing any delegation in terms of a provision of this Act or of a statute repealed by this Act.
If the Minister has reason to believe that an MEC is not taking adequate measures to prevent or remedy adverse effects on coastal public property, to implement or monitor compliance with national norms and standards, or to give effect to the national coastal management programme, the Minister may in writing request the MEC to take specified measures to do so.
to take measures and to recover costs in terms of section 61; and to allow temporary occupation of land within the coastal zone and to take other measures in terms of section 72.
The Minister must not take any measures under subsection (2) without first consulting with the MEC and giving the MEC a reasonable opportunity to make representations.
the head of the provincial lead agency; or any other organ of state or a statutory functionary. by agreement with that organ of state or statutory functionary.
may include the power to sub-delegate; and does not divest the MEC of the responsibility concerning the exercise of the power or the performance of the duty.
The MEC may confirm, vary or revoke any decision made using a power granted by a delegation or sub-delegation in terms of this section.
to make regulations; or to publish notices in the Gazette; or to appoint the members of the Provincial Coastal Committee; or may withdraw any delegation by notice in writing.
The Minister must progressively, and within the available resources of the Department, make available and accessible to the public sufficient information concerning the protection and management of the coastal zone to enable the public to make an informed decision of the extent to which the State is fulfilling its duty in terns of section 3.
immediately update the report once applicable information pertaining to the coastal environment under the jurisdiction of the MEC becomes available; and submit the report and every update to the Minister.
The Minister must prepare and regularly update a national report on the state of the coastal environment based on provincial reports submitted to the Minister in terms of subsection (2).
and monitor compliance by such municipalities with this Act.
a lawful lease on land or premises that forms part of coastal public property, including a port or harbour, that existed when this Act took effect; or a vested right to use or exploit any specific coastal resource on or in coastal public property, including a right to prospect for or mine minerals, or to explore for or exploit petroleum resources that existed when this Act took effect.
notify the Minister, in writing, of the existence of that lease or right; and provide the Minister with a copy of any documents evidencing that lease or right.
24 months after the commencement of this Act if the holder of that lease or right does not comply with subsection (2).
After the end of the period referred to in subsection (3), no person may continue with or carry out an activity that was permitted under that lease or right except in terms of a coastal lease or a coastal concession awarded to that person in terms of Chapter 7.
the activity applied for would have or is likely to have serious adverse effects on the coastal environment; or the Minister has reason to believe that granting the application would be inconsistent with the objects of the Act or would prejudice the attainment of a coastal management objective.
apply for a coastal land lease in terms of Chapter 7; or demolish the building or structure and as far as reasonably possible, restore the site to its condition before the building or other structure was built.
If a person referred to in subsection (1) applies for a coastal land lease in accordance with subsection (1) and the application is refused by the Minister, that person must demolish the building or structure and, within a reasonable period, as determined by the Minister when refusing the application, as far as reasonably possible restore the site to its condition before the building or other structure was built.
If a person who in terms of subsection (2) is obliged to demolish the building or structure and to restore the site to its original condition, fails to do so within the period specified by the Minister, the Minister or the MEC may issue a written repair and removal notice to that person under section 60.
9 of 1992 of the former Republic of the Transkei; or any legal proceedings commenced after the commencement of this Act to enforce any notice served prior to the commencement of this section that required the addressee to vacate or demolish any building or structure that was constructed unlawfully on the seashore, within the admiralty reserve, or within the coastal conservation areas referred to in paragraph (a).
abstracting water from coastal waters must be regarded to be the holder of a coastal use permit issued under section 65 that authorises that activity.
Any person referred to in subsection (I), who within 24 months of the commencement of this Act applies to the Minister for special permit or to the relevant issuing authority for a coastal use permit that will authorise the continuation of the activity referred to in subsection (l), shall continue to be regarded as the holder of the special permit or coastal use permit applied for until the Minister or the issuing authority decides whether to grant or refuse the application.
During the 24 month period referred to in subsection (l), the Minister may issue a special permit and the relevant issuing authority may issue coastal use permit authority to any person referred to in subsection (l), even if that person has not applied for it, provided that before doing so the Minister or issuing authority gives that person a reasonable opportunity to make representations.
or the lapsing of a lease or right under section 1 102. Repeal and amendment of legislation The legislation referred to in Schedule 1 is repealed and amended to the extent indicated in the third column of that Schedule.
Anything else done in terms of legislation repealed in terms of section 102 which can or must be done in terms of this Act must be regarded as having been done in terms of this Act.
The White Paper.
Sustainable Coastal Development in South Africa of April 2000 must be regarded as the national coastal management programme until a national coastal management programme has been adopted in accordance with section 41.
acts in the mistaken belief that they are validly exercising a power or performing a duty in terms of this Act; or fails to exercise any power or perform any duty in terms of this Act.
does not protect the State or any other person from liability if the person who caused the damage or loss acted negligently or in bad faith.
Short title This Act is the Integrated Coastal Management Act, 2006, and takes effect on a date or dates determined by the President by proclamation.
Control of Dumping at Repeal sections 41 to 46 inclusive. Amend section 1 by deleting.the definition of "coastal conservation area" and replacing it with: ""coastal buffer zone" has the same meaning as in the National Environmental Management: Coastal Zone Act, 2002" Replace all references to "coastal conservation area" in the Act with references to "coastal buffer zone" Repeal Sections 39 and 40.
Replace all references to "coastal conservation area" in the Act with references to "coastal buffer zone".
"unalienated State land" and replacing it with "the common property of the people of the Republic".
This Schedule sets out guidelines for reducing the necessity for dumping at sea in accordance with Schedule I1 to the Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters adopted on 7 November 1996.
input substitution: and on-site, closed-loop recycling.
In general terms, if the required audit reveals that opportunities exist for waste prevention at source, an applicant for a perrnit is expected to formulate and implement a waste prevention strategy, in collaboration with the relevant local, provincial and national agencies, which includes specific waste reduction targets and provision for further waste prevention audits to ensure that these targets are being met. Permit issuance or renewal decisions must assure compliance with any resulting waste reduction and prevention requirements.
For dredged material and sewage sludge, the goal of waste management should be to identify and control the sources of contamination. This should be achieved through implementation of waste prevention strategies and requires collaboration between the relevant local, provincial and national agencies involved with the control of point and non-point sources of pollution. Until this objective is met, the problems of contaminated dredged material may be addressed by using disposal management techniques at sea or on land.
treatment to reduce or remove the hazardous constituents; and disposal on land, into air and in water.
The Minister must refuse to grant a permit if it is established that appropriate opportunities exist to re-use, recycle or treat the waste without undue risks to human health or the environment or disproportionate costs. The practical availability of other means of disposal should be considered in the light of a comparative risk assessment involving both dumping at sea and the alternatives.
A detailed description and characterization of the waste is an essential precondition for the consideration of alternatives and the basis for a decision as to whether a waste may be dumped. If a waste is so poorly characterized that proper assessment cannot be made of its potential impacts on human health and the environment, that waste may not be dumped.
persistence: physical, chemical and biological; and accumulation and biotransformation in biological materials or sediments.
In selecting substances for consideration in the Action List referred to in section 78, the Minister must give priority to toxic. persistent and bioaccumulative substances from anthropogenic sources (e.g., cadmium, mercury, organohalogens, petroleum hydrocarbons, and, whenever relevant, arsenic, lead, copper, zinc, beryllium, chromium, nickel and vanadium, organosilicon compounds, cyanides, fluorides and pesticides or their by-products other than organohalogens). An Action List can also be used as a trigger mechanism for further waste prevention considerations.
The Action List must specify an upper level and may also specify a lower level. The upper level should be set so as to avoid acute or chronic effects on human health or on sensitive marine organisms representative of the marine ecosystem.
wastes which contain specified substances, or which cause biological responses, below the relevant lower levels should be considered to be of little environmental concern in relation to dumping at sea; and wastes which contain specified substances, or which cause biological responses, below the upper level but above the lower level require more detailed assessment before their suitability for dumping at sea can be determined.
the economic and operational feasibility; and any relevant coastal management objectives.
Assessment of potential effects should lead to a concise statement of the expected consequences of the sea or land disposal options, Le., the "Impact Hypothesis". It provides a basis for deciding whether to approve or reject the proposed disposal option and for defining environmental monitoring requirements.
The assessment for dumping at sea must integrate information on waste characteristics, conditions at the proposed dump-site(s), fluxes, and proposed disposal techniques and specify the potential effects on the environment, human health, living resources, amenities and other legitimate uses of the sea.
the nature, temporal and spatial scales and duration of expected impacts based on reasonably conservative assumptions.
An analysis of each disposal option must be considered in the light of a comparative assessment of the following concerns: human health risks, environmental costs, hazards, (including accidents), economics and exclusion of future uses. If this assessment reveals that adequate information is not available to determine the likely effects of the proposed disposal option then this option may not be considered further. In addition, if the interpretation of the comparative assessment shows the dumping at sea option to be less preferable, a permit for dumping may not be given.
Each assessment must conclude with a statement supporting a decision to issue or refuse a permit for dumping at sea.
Monitoring is used to verify that permit conditions are met -compliance monitoring -and that the assumptions made during the permit review and site selection process were correct and sufficient to protect the environment and human health -field monitoring. It is essential that such monitoring programmes have clearly defined objectives.
A decision to issue a permit may only be made if all impact evaluations are completed and the monitoring requirements are determined. The conditions of the permit must ensure, as far as practicable, that adverse effects are minimized and the benefits maximized.
the method of dumping at sea; and monitoring and reporting requirements.
The Minister must review permits for dumping at sea at regular intervals, taking into account the results of monitoring and the objectives of monitoring programmes.
continued, revised or terminated and will contribute to informed decisions regarding the continuance, modification or revocation of permits. This provides an important feedback mechanism for the protection of human health and the marine environment.
A.l The construction or alteration of railways, highways or inter-city roads, or service areas associated with such railways, highways or roads.
A.2 Mining or quarrying.
A.3 The construction of aerial high-tension cables.
A.4 The disposal of solid waste, rubble. unprocessed sewage or any other effluent likely to cause an adverse effect on the coastal environment.
B. 1 The draining or reclaiming of any coastal wetland.
B.2 The erection. construction, placing, or any significant alteration or extension of a building or structure.
B.3 The construction or any significant alteration or extension of a road.
B.4 The winning of stones. gravel. or sand.
The ploughing or cultivation of land which has not at any time during the preceding ten years been cultivated.
B.6 The clearing of indigenous vegetation other than cultivated indigenous vegetation.
B.7 The breeding, cultivation or farming of marine living resources or aquatic animals or aquatic plants.
B.8 The stabilization or destabilization of dunes.
B.9 The landing or use of aircraft.
placing, alteration or extension of a building or structure on or in any coastal public property, including an artificial reef, or any structure designed to prevent coastal erosion or to promote accretion of the seashore.
C.2 The disturbance of any coastal public property in a manner that has or is likely to have an adverse effect on the coastal environment, including any excavations, dredging, draining, drilling or tunnelling.
C.3 The destruction, damage or disturbance of any coastal public property in a manner that has or is likely to have an adverse effect on biodiversity or habitat.
C.4 The breeding, cultivation or farming of marine living resources or aquatic animals or aquatic plants.
The introduction of any species of alien invasive plant, exotic or non-endemic animal, exotic or non-endemic pathogens or living modified organism into coastal public property or into a place from which it is likely to invade coastal public property.
The occupation of any coastal public property.
C.7 The abstraction of water from coastal waters for agricultural, commercia1 or industrial purposes, including for aquaculture and desalination, or in a manner that is likely to have an adverse effect.
C.9 The carrying on of any other activity which in terms of a coastal management programme is prohibited without a permit.
C. 10 The stabilization or destabilization of dunes.
C.11 The landing or use of aircraft.
<fn>GOV-ZA.2947En.2012-02-10.en.txt</fn>
Minister of Transport Sibusiso Ndebele has called on South African motorists to become "responsible citizens" during the 2010 Fifa World Cup.
<fn>GOV-ZA.29501En.2012-02-10.en.txt</fn>
The Department of Housing hereby publishes the draft Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill, 2006 for public information, discussion and comment.
Department of Housing Office No.
I Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
To amend the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 so as to amend and include certain definitions; to qualify the application of the Act; to amplify the provisions relating to the prohibition of certain acts and to create offences in that regard; to better regulate the granting of a court order for eviction; to amend the procedures for the eviction of unlawful occupiers; and to provide for matters connected therewith.
Squatting Act, 1951, and other obsolete laws: and to Drovide for matters incidental there to.
Amendment of section Iof Act 19 of 1998 2.
of the Local Government Transition Act, 1993 (Act No.
Substitution of section 2 of Act 19 of 1998 3.
This Act applies in respect of all land throughout the Republic.
and who continues to occupy the land in question despite the fact that the tenancy or agreement has been validly terminated or the person is no longer the owner of the land.
Notwithstanding subsection (2), a court may order that this Act applies if the court is satisfied that the plight of a person is of such a nature that any act or omission by the owner or person in charqe of land was calculated to avoid the application of this Act.
Substitution of section 3 of Act 19 of 1998 4.
[Prohibition of receipt or solicitation of consideration in respect of unlawful occupation of land] Prohibition of certain acts directly or indirectly receive or solicit payment of any money or other consideration as a fee or charge for arranging or organising or permitting a person to occupy land without the consent of the owner or person in charge of that land[.
practice constructive eviction.
is guilty of an offence and liable on conviction to a fine or to imprisonment not exceeding two years, or to both such fine and such imprisonment.
where such person or persons cannot be positively identified, into the National Revenue Fund, or in the case where the land is administered or controlled bv into the relevant municipal operatina account.
where the land is account, and such order has the effect of and may be executed against such person as if it were a civil judgment in favour of that person or persons from whom the money or other consideration was received or in favour of the State.
in whose areas of iurisdiction the land is situated.
and any other orqan of state having an interest in the proceedings may ioin by the substitution for subsection (3) of the following subsection: "(3) Subject to the provisions of subsection (2), procedure for the serving of notices and filing of papers in terms of this Act is as prescribed by the rules of the court in question."
the riqhts and needs of the elderly, children, disabled persons and households headed by women: and the constitutional riqhts and duties of all affected persons includinq the State.
by the deletion of subsection (7).
The court which orders the eviction of any person in terms of this Act may the retention or demolition and removal of improvements to the land or buildinns or of materials used in such and the payment of compensation for any or standing crop obtained bv one party from the other.
the hardship caused to each park and the circumstances in terms of subsection (6).
Amendment of section 5 of Act 19of 1998 6.
there is no other effective remedy available.
Before the hearing of the proceedings contemplated in subsection (l), the court must give written and effective notice of the intention of the owner or person in charge to obtain an order for eviction of the unlawful occupier must be given served on to the unlawful occupier and the municipality in whose area of jurisdiction the land is situated.
of the organs of state referred to in subsection (2)!
The procedure for the servina of notices and filling of papers in terms of this Act is as prescribed bv the rules of the court in question. Subiect to the provisions of subsection (2), if a court is satisfied that service cannot convenientlv or expeditiouslv be effected in the manner provided in the rules of the court, service must be effected in the manner directed bv the court: Provided that the court must consider the rights of the unlawful occupier to receive adequate notice and to defend the case.
and state that the unlawful occupier is entitled to appear before the court and defend the case and, where necessary has the right to apply for legal aid.
Amendment of section 6 of Act 19 of 1998 7.
the period the unlawful occupier and his or her family have resided on the land in question; and the availability to the unlawful occupier of suitable alternative accommodation or land.
required by the context.
Amendment of section 7 of Act 19 of 1998 8.
"(1) If the municipality in whose area of jurisdiction the land in question is situated is not he owner oq does not administer or control the land the municipality may, on the conditions that it may determine, appoint one or more persons with expertise in dispute resolution to facilitate meetings of interested parties and to attempt to mediate and settle any dispute in terms of this Act: Provided that the parties may at any time, by agreement, appoint another person to facilitate meetings or mediate a dispute, on the conditions that the municipality may determine."
Executive Council designated by the Premier of the province concerned, or his or her nominee, may, on the conditions that he or she may determine, appoint one or more persons with expertise in dispute resolution to facilitate meetings of interested parties and to attempt to mediate and settle any dispute in terms of this Act: Provided that the parties may at any time, by agreement, appoint another person to facilitate meetings or mediate a dispute, on the conditions that the said member of the Executive Council may determine.
This Act is called the Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Act, 2006.
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act No. 19 of 1998), hereinafter referred to as "the Act", came into operation on 5 June 1998. The intention of the Act was to provide for the prohibition of unlawful eviction, and to put in place fair procedures for the eviction of unlawful occupiers who occupy land without the permission of the owner or the person in charge of such land.
However, since its inception, various interpretation and implementation problems have been identified, and this Amendment Bill seeks to address these issues.
2.1 The Bill substitutes the Long Title of the Act to reflect the amendments proposed by the Bill.
amending the definition of land to include buildings and structures on land.
is also amended to prohibit the practice of "constructive eviction". The phrase constructive eviction means any act or omission, including the deprivation of access to land or to essential services or other facilities related to land, which is calculated or likely to induce a person to vacate occupied land or refrain from exercising access to land.
currently provides that money or other considerations received by a person in contravention of section 3, must upon conviction of such person be repaid to the person from whom it was received, or if the person cannot be positively identified, into the National Revenue Fund. In this regard two issues have been identified and is addressed in the proposed amendments. Firstly, the reference to money or other consideration is not wide enough and should also include any assets acquired with such money. Secondly, it is deemed necessary to, where land is administered or controlled by a municipality, any money should rather be paid into the municipal operating account and not the National Revenue Fund.
of the Act incorrectly provide that "the court must servelgive written and effective notice.". This is clearly not the function of the court and it is proposed to amend the section suitably.
is amended to align its provisions pertaining to the giving of notice regarding eviction proceedings with that of the Extension of Security of Tenure Act, 1997 and the Land Reform (Labour Tenants) Act, 1996, whilst section 4(10), which deals with the content of a court order for eviction, is also aligned with the corresponding provisions of the mentioned laws.
of the Act currently draw a distinction between persons occupying for less than six months and persons occupying for more than six months. In cases of occupation of less than six months, the Act prescribes certain criteria which a court may take into account when deciding whether or not to issue an eviction order, whilst the Act prescribes different criteria in cases of occupation in excess of six months.
of the Constitution. The proposed amendments to the said sections remove the six months distinction and provide for a single set of criteria to be applicable in all cases of unlawful occupation.
which provides that a court may only grant an order if it is satisfied that it is just and equitable to grant the order taking into consideration the speed and scale of the unlawful occupation.
As a consequence of the amendments to section 2 of the Act, the Bill seeks to amend section 6 accordingly.
or not the "owner of land. This phrase is problematic in that although a municipality may in certain cases for all intents and purposes be the "owner" of certain land, the formality of transfer of ownership in the Deeds Office may not have been finalised.
Legal Resources Centre.
Bill has been subject to extensive consultation with the Department of Land Affairs as well as a thorough workshop held with relevant government departments and bodies.
Due to the substantial changes made to-the earlier version of the Bill, it will again be published in the Gazefte for public comment.
6.1 The State Law Advisers and the Department of Housing are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which he procedure set out in section 74 or 76 of the Constitution applies.
<fn>GOV-ZA.29502En.2012-02-10.en.txt</fn>
The Department of Housing hereby publishes the draft Housing Amendment Bill, 2006 for public information, discussion and comment.
_-__-------Words underlined with a solid line indicate insertions in existing enactments.
To amend the Housing Act, 1997, so as to insert new definitions; to enable the Minister to prescribe a policy framework for the accreditation of municipalities and the assignment of powers and functions; to substitute the existing provisions pertaining to the accreditation of municipalities; to substitute the provisions dealing with the restriction on the sale of state subsidised housing; to provide for the disestablishment of the South African Housing Fund; to make further provision for the allocation of money to provinces; to substitute certain expressions; to make further provision for accountability; to vest certain powers and duties in the MEC; and to provide formatters connected therewith.
and to provide for matters connected therewith.
or 3(5), granted in terms of the Discount Benefit Scheme.
bank account" means the Drimatv bank account as contemplated in section 1 by the deletion of the definition of "provincial housing development fund".
The Criteria and Procedures governing the Allocation of the Bulk and Connector Infrastructure Grant until it is phased out on a date determined by the Minister in consultation with the Minister for Provincial Affairs and Constitutional Development.
The National Urban Reconstruction and Housing Agency.
A panel shall consist of not more than [six] eiqhteen fit and proper persons who have knowledge] qualifications or experience in the field of housing development.
(e) subiect to the provisions of the Promotion of Access to Information Act, 2000 (Act No.
and administer the assets contemplated in section 14.
obtain accreditation in accordance with the Drovisions of section 10.
to administer national housing programmes in terms of which a housing development project is being planned and executed, such municipality may not act as developer, unless such project has been approved by the MEC [relevant provincial housing development board].
by the deletion in subsection (2) of paragraph (b).
Substitution of section 10 of Act 107 of 1997 The following section is hereby substituted for section 10 of the principal Act: 10.
Any municipality may apply in writing to the MEC in the form determined by the MEC to be accredited under subsection (2) for the purposes of assigning powers and functions as contemplated in subsection (3).
complies with the all the requirements for accreditation as prescribed by the Policy Framework contemplated in subsection (6), the MEC must approve the application for accreditation of the municipality.
Notwithstanding any provision in any law, the MEC may, as contemplated in section 126 of the Constitution, by agreement assign any power or function that is to be exercised or performed by him or her in terms of this Act, to a municipality accredited in accordance with the provisions of subsection (2).
The assignment of any such power or function takes effect upon proclamation by the Premier.
of the Constitution, prescribe a Policy Framework for the accreditation of municipalities and the assignment of powers and functions to accredited municipalities.
multi-year strategic housing development planning requirements for accredited municipalities; and rules and procedures for managing non-performance by accredited municipalities.
comply with the prescribed reporting duties; and comply with any duties and obligations prescribed by the Policy Framework.
monitor the performance of accredited municipalities; and where a municipality fails to perform adequately, take the necessary steps to ensure proper and adequate performance.
Any dispute arising between an MEC and a municipality concerning an application for accreditation must be referred to the Minister, whose decision shall be final and bindinq.
Restriction on sale of state-subsidised housing.
such person or his or her successors in title or creditors in law shall not sell or otherwise alienate [his or her] that dwelling or site within a period of [eight] five years from the date on which the property was [acquired by that] reRistered in the name of such person unless the dwelling or site has first been offered to the relevant provincial housing department.
provincial housing department to which the dwelling or site has been offered as contemplated in subsection (I)shall endorse in its records that the person wishes to vacate his or her property and relocate to another property and is entitled to remain on a waiting list of beneficiaries requiring subsidised housing.
[Nopurchase price or other remuneration shall be paid to the person vacating the property but such person will be eligible for obtaining another state-subsidised house, should he or she qualify therefor.
Valuers Profession Act, 2000 (Act No. 47 of 2000).
the purchase price shall be financed bv bank account either conditionally or unconditionallv, in respect of any dwellina or site to which the provisions of that subsection apply.
and that an exemption has been aranted under subsection (5), either unconditionally or subiect to the conditions set out in the certificate.
The Minister may, bv notice in the Gazette, make rules on the qrantina of exemption in terms of subsection 161 as well as the amount that must be paid or creditor concerned for the grantinq of such exemption.
in terms of law or a mortqaae bond, as the case may be, on the wounds that the person or mortqaqor has failed to meet his or her obliqations in terms of such law or mortqaae bond.
Section 1OB of the principal Act is hereby repealed.
of the Housing Arrangements Act, 1993 (Act No 155 of 1993), is hereby disestablished.
were advanced out of the former Fund shall be deemed to have been advanced out of the National Revenue Fund.
Any reference to the former Fund in any document, in relation to the financing of any national housing programme or any provincial housing programme, must be construed as a reference to the National Revenue Fund.
Allocation of money in Fund to provincial governments.
[Fund] for the purposes of financing the implementation in a province of any national housing programme and any provincial housing programme, which is consistent with national housing policy and section 3(2)(b).
criteria for the allocation of money in terms of paragraph (a) must, subject to paragraph (c), be determined by the Minister after consultation with every MEC.
the manner in which the accounts and records of such fund are to be kept, the preparation of detailed annual statements showing the results of the transactions and the balance sheet of the fund and their submission to the provincial legislature by the MEC; and the auditing of the books and statements of account and balance sheet of such fund by the Auditor-General.
No. 155 of 1993, despite its repeal by section 20.
or an officer of the provincial administration aesignated for that purpose by that accounting officer, in which he or she has certified that the money is required to meet expenditure that is reasonably expected to be incurred within the period for which the requisition has been submitted.
Such requisition must be submitted in the form, at the intervals and in respect of the periods the Director-General determines.
To achieve an equitable result such agreement or arbitration may provide for the payment of compensation out of the primary bank account [provincial housing development fund] of one province to the credit of the primarv bank account [provincial housing development fund] of another province.
(i) be paid into the primarv bank account of [provincial housing development fund for] the province in question [or, if such fund has not been established when such net proceeds are received, be dealt with in accordance with section 13 of the Housing Arrangements Act, 1993 (Act No.
(ii) The cost of completing such project or scheme must be financed by a grant from money paid into the primarv bank account of the province [relevant provincial housing development fund] as contemplated in section 12(2).
the premier of a province, must be paid into the primary bank account of [provincial housing development fund for] such province [or, if such fund has not been established when such net proceeds are received, be dealt with in accordance with section 13 of the Housing Arrangements Act, 1993, despite its repeal by section 201.
"(ii) The cost of completing such project or scheme must be financed by a grant from money paid into the primary bank account of the province [relevant provincial housing development fund] as contemplated in section 12(2)."
"(ii) Any money recovered by the Provincial Government by virtue of the right that so passes to that Provincial Government, must be paid into its primary bank account [provincial housing development fund] and must be utilised for housing development in accordance with the national housing policy and a housing development project approved by the MEC."
~11The Dowers, duties, riahts and obliqations of a Provincial Government in relation to immovable property belonqina to such Provincial Government in terms of the provisions of this section, shall vest in the MEC.
to a Provincial Government and an r>rimal y bank account of a province [a provincial housing development fund] must be construed as a reference to the relevant municipality and the municipality's operating account as contemplated in subsection (5), respectively.
In this section "provincial housing development fund" means a provincial housing development fund contemplated in section 12(2).
after the commencement date would have become payable to or for the credit of any provincial housing development fund shall become payable to the accredited bank account of the province concerned: and were advanced out of any provincial housing development fund shall be deemed to have been advanced out of the accredited bank account of the province concerned.
Any reference to a provincial housing development fund in any document, in relation to the financing of any national housing programme or any provincial housing programme, must be construed as a reference to the accredited bank account ofthe province concerned.
This Act is called the Housing Amendment Act, 2006.
1.3 thirdly the Bill addresses the contentious issue of the restriction of the sale of state-subsidised housing, as contained in sections IOA and 1 OB of the Act.
2.1 The amendment of the existing funding regime.
The Act currently makes provision for a South African Housing Fund at national level, and Provincial Housing Development Funds at provincial level. All monies allocated to housing are paid into these funds, and all expenditure incurred is met from these funds. The funds were created mainly as a ring fencing mechanism to ensure that money appropriated for housing is used only for that purpose.
As far as the provincial housing development funds are concerned, the current payment of moneys into these funds is contradictory to the provisions of both the PFMA and DORA.
Provision is made for a savings section that will make provision for transitional arrangements.
2.2 The accreditation of municipalities and the assignment of powers and functions.
Section 10 of the Housing Act, 1997 allows for the accreditation of municipalities so as to enable 'them to administer national housing programmes instituted in terms of the Act.
Creation of Sustainable Human Settlements (a Cabinet approved policy directive), the existing provisions of section 10 have become inadequate, especially with regard to aspects such as the constitutionally based assignment of powers and functions, the role of intergovernmental relations, and capacity and funding requirements.
To address this issue the department followed a two-pronged approach. A policy framework and guidelines for the accreditation of municipalities was firstly developed, with the policy framework including, amongst other things, the requirements for accreditation. This was then followed by the preparation of the amendments to section 10, in accordance with the approved framework, whilst also incorporating provisions pertaining to the assignment of powers and functions as provided for in the Constitution.
of the Constitution have been used as a basis.
allows for the assignment, by agreement and subject to any conditions, the administration of, inter alia, matters listed in part A of Schedule 4 of the Constitution, which includes housing.
The amended section 10 will therefore firstly allow for two essentially separate (yet intricately interweaved) processes, which firstly allows for the accreditation of a municipality on the basis of the requirements of the Policy Framework, and secondly enables an MEC to, by agreement, assign any of his or her powers or functions (as per the Housing Act) to the accredited municipality. Lastly, the draft clause also lists a number of matters which may be prescribed in the Policy Framework.
2.3 The sale of state=subsidised housing.
and 106 in the Housing Act. The general design was to restrict the sale of these houses by creating a pre-emptive right in favor of the state which entailed that such houses may not be sold within a period of 8 years from the date of acquisition unless it had first been offered to the relevant provincial housing department.
This was an attempt to firstly curb the escalating sale of subsidised houses by beneficiaries, mostly for substantially less than the original subsidy amount, and secondly to protect these houses from being sold in execution for ridiculous amounts, so as to settle claims by creditors which in most instances amounts to much less than the subsidy investment made by government.
proved murky at best.
In terms of section IOA, the offer to the provincial housing department is in fact interpreted as a notice of vacation, with the property then being deemed to be owned by the province, with the 'seller' reverting back to the waiting list of persons requiring subsidised housing. This clearly does not constitute a pre-emptive right in the legal sense, but is more a matter of disposition without compensation. No consideration is thus given to aspects such as the appreciation of value etc, and the procedures pertaining to the transfer of ownership in the Deeds Office is virtually non-existent, if compared to that provided for in section 1OB.
With regard to section 1 OB, the position is virtually transversal from that contained in 1 OA. Firstly, the most glaring lacuna is the fact that the pre-emptive right is not linked to the 8 year period provided for in IOA, and is hence almost open-ended.
However, on the other hand section 1OB makes provision for both a fair process in the exercise of the pre-emptive right, and a properly stipulated process of ownership transfer in the Deeds Office.
by including the successors in title of the beneficiary and also certain creditors, it is clear that these sections should not be divorced, but should instead be merged, as is proposed by the amendments to section 1OA and the repeal of 1 OB.
In the revised clause IOA, the pre-emptive period is reduced from 8 to 5 years, as per approved national housing policy, whilst a fair process is put in place for dealing with the acceptance, or not, of the offer to sell as made by the beneficiary. Lastly, provision is made for the formal transfer of ownership via the Office of the Chief Registrar of Deeds.
2.4 Miscellaneous amendments.
and 7(4)(g)(ii), dealing with the cessation of membership of the Minister's and an MEC's advisory panels, respectively, is amended to delete the provision pertaining to the Agricultural Credit Act, 1966, by virtue of the mentioned Act having been repealed by the Agricultural Debt Management Act, 45 of 2001.
3.1 With regard to aspects such as the funding regime and the accreditation of municipalities, task teams consisting of provinces, Salga, Metro's and other stakeholders were used to workshop the issues involved.
3.2 In relation to the restriction of the sale of state-subsidised housing, the department worked closely with the Office of the Chief State Law Adviser to find an appropriate solution.
3.3 The Bill is to be published for comment in the Gazeffe pursuant to Cabinet approval in that regard.
3.4 The Bill also served before the FOSAD Social Sector Cluster Committee which approved its submission to Cabinet for approval and publication in the Gazeffe for public comment.
Bill to be dealt with in terms of the procedure as provided for in section 76 of the Constitution.
<fn>GOV-ZA.29503En.2012-02-10.en.txt</fn>
Department of Housing hereby publishes the draft Rental Housing Amendment Bill, 2006 for public information, discussion and comment.
BILL To amend the Rental Housing Act, 1999, so as to revise a definition; to make further provision for rulings by Rental Housing Tribunals; to expand the provisions pertaining to leases; to make further provision for the filling of vacancies in Rental Housing Tribunals; and to provide for matters connected therewith.
"(1) In advertising a dwelling for purposes of leasing it, or in negotiating a lease with a prospective tenant, or during the term of a lease, a landlord may not unfairly discriminate against such prospective tenant or tenants, or the members of such tenant's household or the [bona fide] visitors of such tenant, on one or more grounds, including race, gender, sex, pregnancy, marital status, sexual orientation, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, language and birth."
"(4) The rights set out in subsection (3) apply equally to members of the tenant's household and to [bona fide] visitors of the tenant."
financial institution, and the tenant may during the period of the lease request the landlord to provide him or her with written proof in respect of interest accrued on such deposit, and the landlord must provide such proof on request: Provided that where the landlord is a registered estate agent as provided for in the Estate Agency Affairs Act, 1976 (Act No.
in relation to contract fees shall only be payable by the tenant won proof of actual expenditure by the landlord.
of this subsection.
"(13) A ruling by the Tribunal is deemed to be an order of a magistrate's court in terms of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944) and shall be enforced in terms of that Act."
This Act is called the Rental Housing Amendment Act, 2006.
The Rental Housing Amendment Bill, 2006, endeavors to address certain implementation problems which have been encountered since the promulgation of the Rental Housing Act, 50 of 1999 (the Act) on 1 August 2000.
2.1 The definition of an "unfair practice" is substituted to widen its ambit.
2.2 Section 4 of the Act is amended to expressly provide for Rental Housing Tribunal rulings regarding the seizure of possessions and the repossession of rental housing property.
2.3 Section 5 of the Act is amended to clarify aspects pertaining to the issuing of receipts by the landlord, the payment of deposits by tenants, and to insert a provision dealing with the costs associated with compliance with the provisions of section 5.
extend the period allowed for the filling of vacancies from the current 1 month to 3 months; and provide that the deputy chairperson of the Tribunal must be suitably qualified.
to allow Rental Housing Tribunals to make a ruling that a person must comply with the provisions of the Act; and to provide that rulings by Rental Housing Tribunals must be enforced in terms of the Magistrates' Courts Act, 32 of 1944.
Section 15 of the Act is amended to empower the Minister to make regulations, whereas in the past this power vested in the MEC's.
This amendment has been necessitated by the need to ensure uniformity throughout the country with regard to procedures followed by Rental Housing Tribunals as well as rulings made by it.
Written representations were requested and received from provinces and existing Rental Housing Tribunals.
The Bill is to be dealt with in terms of the procedure as provided for in section 76 of the Constitution.
<fn>GOV-ZA.2953741En.2012-02-10.en.txt</fn>
[] Words in bold type in square brackets indicate omissions from existing enactments.
To amend the Social Assistance Act, 2004, so as to enable applicants and beneï¬ciaries to apply to the Agency to reconsider its decision; to further regulate appeals against decisions of the Agency; and to effect certain textual corrections; and to provide for matters connected therewith.
Amendment of section 5 of Act 13 of 2004 1.
''(b) subject to section [17] 16, is resident in the Republic;''.
Amendment of section 14 of Act 13 of 2004 2.
''(iii) of his or her right to request reconsideration and his or her right of appeal contemplated in section 18 and of the mechanism and procedure to invoke [that] any such right.''.
Substitution of section 18 of Act 13 of 2004, as amended by section 2 of Act 6 of 2008 3.
If an applicant or a beneï¬ciary disagrees with a decision made by the Agency in respect of a matter regulated by this Act, that person or a person acting on his or her behalf may, within 90 days of his or her gaining knowledge of that decision, lodge a written [appeal with the Minister 20 against that decision, setting out the reasons why the Minister should vary or set aside that decision.] application to the Agency requesting the Agency to reconsider its decision in the prescribed manner.
''(b) subject to section [17] 16 is resident in the Republic;''.
If an applicant or a beneï¬ciary disagrees with a reconsidered decision made by the Agency in respect of a matter contemplated in subsection (1), that person or a person acting on his or her behalf may, within 90 days of his or her gaining knowledge of that decision, lodge a written appeal with the Minister against that decision, setting out the 5 reasons why the Minister should vary or set aside that decision.
[subsection (1) in accordance with such conditions as the Minister may prescribe by notice in the Gazette] subsection (1A) in the prescribed manner and that tribunal may, after consideration of the matter, conï¬rm, vary or set aside that decision [or make any other 15 decision which is just].
If the Minister has appointed an independent tribunal in terms of subsection (2)(b) all appeals contemplated in subsection [(1)] (1A) must be considered by that tribunal.
This Act is called the Social Assistance Amendment Act, 2010.
<fn>GOV-ZA.2953781En.2012-02-10.en.txt</fn>
To amend the South African Reserve Bank Act, 1989, so as to provide for the amendment of certain deï¬nitions, the insertion of new deï¬nitions and the deletion of a deï¬nition; to provide for the establishment of a Panel for the election of directors to the Board and the functions of the Panel; to reinforce the requirements regarding the limitation on shareholding in the South African Reserve Bank and to prevent the abuse of those provisions; to provide for the nomination of directors by a broader base of the South African public and to broaden representation on the Board of the South African Reserve Bank; to deï¬ne clear criteria regarding when persons are disqualiï¬ed from serving on the Board; to provide for the conï¬rmation of Board nominees against ''ï¬t and proper'' and ï¬duciary criteria; to clarify the powers and functions of the Board; to provide for the possibility of the Governor and Deputy Governors being re-appointed to serve terms of office of less than ï¬ve years; and to provide for matters connected therewith.
Amendment of section 1 of Act 90 of 1989, as amended by section 1 of Act 10 of 1993 and section 1 of Act 2 of 1996 1.
which is a close corporation registered under the Close Corporations Act, 1984 (Act No.
by the insertion after the deï¬nition of 'mutual bank' of the following deï¬nition: '''NEDLAC' means the National Economic, Development and Labour Council, established in terms of section 2 of the National Economic, Development and Labour Council Act, 1994 (Act No.
by the insertion before the deï¬nition of 'prescribed' of the following deï¬nition: '''Panel' means a panel as referred to in section 4(1C);''; and by the deletion of the deï¬nition of 'shareholders' representative'.
Amendment of section 4 of Act 90 of 1989, as amended by section 9 of Act 51 of 1991, section 2 of Act 10 of 1993, section 72 of Act 129 of 1993 and section 3 of Act 2 of 1996 2.
''(b) seven directors elected by the shareholders from candidates conï¬rmed by the Panel.'
''(1A) Any shareholder, current director of the Bank or any member of the general public may nominate persons to serve as elected directors of the Bank in the manner as may be prescribed.
Nominations in terms of subsection (1A) must be made in writing to the Panel and shall include a comprehensive curriculum vitae of the person nominated as well as a motivation for his or her nomination, and be submitted at least three calendar months before the ordinary general meeting of shareholders at which directors are due for election.
established by the Governor at least three months before; and convened by the Governor at least two months before, the relevant ordinary general meeting of shareholders at which an election of directors is due to take place.
a retired judge and one other person, both nominated by the Minister; and three persons nominated by NEDLAC. (1E) The members of the Panel referred to in subsection (1D)(b) and shall be appointed by the Governor from time to time.
the Governor shall have a deliberative vote and, in the event of an equality of votes, a casting vote; and a quorum shall comprise of the Governor and three other members of the Panel.
subject to subsection (1H), compile a list of all the candidates conï¬rmed as suitable for possible election to the Board; and cause a copy of the list of candidates to be sent to shareholders no later than 30 days before the date of the relevant ordinary general meeting of shareholders.
If, in relation to any vacancy on the Board to be ï¬lled, more than three nominees meet the criteria listed in subsection (1G)(a), only the three candidates deemed most suitable by the Panel in relation to the vacancy, shall be conï¬rmed.'
exercise such care in the carrying out of his or her functions in relation to the Bank as may be reasonably expected of a diligent person holding the same appointment under similar circumstances and who possesses both the knowledge and skill mentioned in subparagraph (iii), and any such additional knowledge and skill as the director in question may have.'
one shall be a person with knowledge and skill in labour; and one shall be a person with knowledge and skill in mining.'
(ii)] a provincial legislature [referred to in section 125 of the Constitution.] or a Municipal Council; or is an unrehabilitated insolvent; or was dismissed from a position of trust as a result of his or her misconduct or has been disqualiï¬ed or suspended from practising any profession on the grounds of his or her professional misconduct; or was convicted of an offence listed in Part 1 or 2 of Schedule 1 to the Criminal Procedure Act, 1977 (Act No. 51 of 1977), an offence under this Act, the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998), the Prevention of Counterfeiting of Currency Act, 1965 (Act No. 16 of 1965), perjury, or any other offence involving an element of dishonesty in respect of which he or she has been sentenced to imprisonment without the option of a ï¬ne or to a ï¬ne exceeding R1 000; or is mentally or physically incapable of performing the duties of a director; or is contractually incapacitated; or is an employee of Government.'
''(5) The tenure of a director shall, unless otherwise indicated or agreed by the Board, automatically terminate forthwith- (a) if the director gives notice in writing to the secretary of the Bank of his or her resignation as a director; (b) if the director, without reasonable cause, absents himself or herself from three consecutive meetings of the Board without leave of absence granted by the chairperson: Provided that the chairperson may not grant leave of absence from more than three consecutive meetings of the Board; (c) if the director fails to declare to the Bank any direct or indirect interest in any agreement or proposed agreement with the Bank; (d) if the director unlawfully discloses to any person any information described in section 33 of this Act; or (e) if the director is disqualiï¬ed on the grounds described in subsection (4).''.
Insertion of section 4A in Act 90 of 1989 3.
making recommendations to the Minister in respect of regulations as contemplated under section 36 and in connection with any possible liquidation of the Bank in terms of section 38; and performing any other function speciï¬cally assigned to the Board in terms of this Act.
All other powers and duties of the Bank under this Act shall vest in and be exercised by the Governor and Deputy Governors.''.
Amendment of section 5 of Act 90 of 1989, as amended by section 1 of Act 39 of 1997 4.
The Governor and Deputy Governors shall hold office for a period of ï¬ve years: Provided that the President of the Republic may, after consultation with the Minister and the Board, on any re-appointment of a Governor or Deputy Governor at the end of his or her term of office, appoint such officer for a term not exceeding ï¬ve years.
The directors who are Government representatives shall hold office for a period of three years.
Elected directors shall hold office for a period commencing on the ï¬rst day after the date of their election as such at an ordinary general meeting of shareholders held during a speciï¬c calendar year and terminating on the date of the ordinary general meeting of the shareholders held during the third calendar year following upon the ordinary general meeting at which the director was elected.'
''(2) A director shall be eligible for re-appointment or re-election, as the case may be, after expiration of his or her term of office: Provided that in the case of an elected director, such person has been conï¬rmed by the Panel as a candidate as contemplated in this Act.''.
Amendment of section 6 of Act 90 of 1989, as amended by section 9 of Act 51 of 1991 and section 4 of Act 2 of 1996 5.
''(b) in the case of [a shareholders' representative] an elected director, by the election by the shareholders at an ordinary general meeting of shareholders of a person, [who would be qualiï¬ed to be elected] conï¬rmed by the Panel as a candidate as contemplated in this Act, in the place of the director whose office has become vacant, or by the appointment by the Board, subject to [conï¬rmation] his or her subsequent election by shareholders at the next ordinary general meeting of the shareholders, of a person [so qualiï¬ed] conï¬rmed by the Panel as a person suitable for possible election to the Board.'
in the case of any other director, in accordance with the applicable provisions of section 5: Provided that the term of office of a director appointed by the Board, and who is not subsequently elected by shareholders at the next ordinary general meeting of shareholders, shall expire on the day of such ordinary general meeting.''.
Amendment of section 8 of Act 90 of 1989 6.
''(2) The Governor or any Deputy Governor may [assign] delegate the exercise of any power delegated to him or her by the Board under subsection (1) or any of his or her original powers, to a Deputy Governor or an officer of the Bank for a particular period or purpose, and any power the exercise of which has been so [assigned] delegated, shall be exercised subject to the same terms, conditions or restrictions imposed by the Board when delegating the power to the Governor or Deputy Governor or, in the case of original powers of the Governor or Deputy Governor, on such terms, conditions or restrictions as he or she may determine.''.
Amendment of section 22 of Act 90 of 1989, as amended by section 16 of Act 85 of 1992 and section 8 of Act 2 of 1996 7.
no shareholder shall hold, or hold in aggregate with his, her or its associates, more than 10 000 shares in the Bank; and if it appears that a shareholder holds, or holds in aggregate with his, her or its associates more than 10 000 shares in the Bank in contravention of this section or any other provision of this Act, the Bank may approach a court with jurisdiction for an appropriate order to redress the matter, which order may include, but is not limited to, an order for the disposal of shares in the Bank at a price per share and subject to such terms, conditions and restrictions as the court may determine.'
''(2) A shareholder [holding] who holds, or holds in aggregate with his, her or its associates, more than 10 000 shares in the Bank at the commencement of [this Act] the South African Reserve Bank Amendment Act, 2010, [may continue to hold those shares, but shall not, as long as he holds more than 10 000 of those shares, acquire any further shares in the Bank] shall disclose in a manner as may be prescribed to the Bank the names of all his, her or its associates, as well as the number of shares held by each of them.'
''(2A) A shareholder who discloses information as contemplated in subsection (2) may continue to hold, or hold in aggregate with his, her or its associates, those shares: Provided that for as long as such shareholding, or aggregate shareholding, as the case may be, exceeds 10 000 shares, neither the shareholder nor his, her or its associates, as the case may be, shall acquire any further shares in the Bank.'
''(3) If at any time the number of shares in the Bank held by a shareholder referred to in subsection (2), or held by that shareholder in aggregate with his, her or its associates, as the case may be, is reduced to 10 000 or less, the restriction laid down in subsection (1) shall apply also to that shareholder.''.
Amendment of section 23 of Act 90 of 1989, as amended by section 9 of Act 2 of 1996 8.
''(2) No shareholder, or his, her or its associates, referred to in subsection (2), [or] (6) or (2A) of section 22 shall either directly or 5 indirectly exercise any vote as a shareholder in respect of the number of shares in the Bank held by him [or], her or it, either alone, or in aggregate with his, her or its associates, in excess of 10 000, and no group of companies with interlocking directorates shall either directly or indirectly exercise any vote as shareholders in respect of the total number of 10 shares in the Bank held by those companies in excess of 10 000.''.
This Act is called the South African Reserve Bank Amendment Act, 2010, and comes into operation on a date determined by the President by proclamation in the Gazette.
<fn>GOV-ZA.2959En.2012-02-10.en.txt</fn>
Some of the key areas for this year's Transport Budget Vote include transport plans for the 2010 FIFA World Cup, road infrastructure maintenance and empowerment of the taxi industry.
<fn>GOV-ZA.295En.2012-02-10.en.txt</fn>
Copyright © 2011 Roads & Public Works Website.
<fn>GOV-ZA.2963En.2012-02-10.en.txt</fn>
The newly constructed King Shaka International Airport in Durban came out with flying colours during a trial exercise on Thursday.
<fn>GOV-ZA.2966En.2012-02-10.en.txt</fn>
South African fans will have more options as eighteen 2010 Fifa World Cup ticket sales points open throughout the country on Monday.
<fn>GOV-ZA.2975901En.2012-02-10.en.txt</fn>
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col.
debates the ruling by the Constitutional Court that the Communal Land Rights Act is unconstitutional; and comes up with possible courses of action that this House could take to enable land under the governance of traditional authorities to be owned by individual community members.
debates the special pricing agreements between Eskom and BHP Billiton and other clients; and comes up with suggestions to ensure accountability and a fair pricing strategy for all Eskom clients.
debates the controversial statement made by the Director-General of the Department of Labour, Mr Jimmy Manyi, who again demonstrated his bias against women and other persons who are not select cadres within the ruling elite with his criticism of the newly elected president of Business Unity SA, Ms Futhi Mtoba; and notes that Cope, on behalf of all women in South Africa, rejects his statement with the contempt it deserves.
That the House debates the impact of the strike action in the transport sector in the weeks leading up to the 2010 Soccer World Cup on the international image of South Africa as a reliable trading partner and on the movement of goods, which have negative consequences for the economy and job creation in businesses affected by this strike.
That the House debates the place of the Constitution in the post-apartheid and developmental state, and when it is necessary to amend the Constitution.
debates the administrative and financial failures of the now dissolved National Youth Commission, following the disclaimer of opinion in the latest published Auditor-General's financial report on the National Youth Commission, to ensure that the newly established National Youth Development Agency complies with good governance standards; and comes up with appropriate recommendations.
congratulates Prime Minister Cameron, Deputy Prime Minister Clegg and Chancellor George Osborne on their appointments; and wishes the newly formed government a successful tenure, committed to the benefit of the people of Britain.
mandates the Parliamentary Inter-Faith Council to perform those functions that are stipulated in the resolution of 10 March 2010.
further notes that amongst the passengers on the Afriqiyah Airways flight were South Africans, Libyans and Britons; and conveys its heartfelt condolences to the families of the passengers who lost their lives so tragically.
further recognises that Mr Clarke's accomplishment is a victory for all South African sportsmen and women who strive to constantly excel in their chosen sports; and congratulates Mr Clarke on an outstanding performance and for making his country and its people proud.
urges rugby supporters from all communities to attend the game at Orlando Stadium; and wishes the Bulls, and all other South African Super 14 teams, good luck in the final rounds of the competition.
The SPEAKER: As a Sowetan, I also agree to the motion. [Laughter.
notes with shock reports that staff at the Agency could not call for emergency care because the only available telephone was locked in an absent supervisor's office; and calls upon the Government to swiftly investigate the matter and devise means to prevent this type of incidents.
The PRESIDENT OF THE REPUBLIC: Hon Speaker Mr Max Sisulu, hon Deputy President Mr Kgalema Motlanthe, Madam Deputy Speaker Ms Nomaindiya Mfeketho, hon Ministers and Deputy Ministers, hon members of this House, hon premiers, heads of Chapter 9 institutions and of the SABC Board, the International Marketing Council, the Advisory Council on National Orders, the Safa President, the 2010 Fifa World Cup Local Organising Committee, fellow South Africans...
mam' uNomfundo Magadla ophuma eMbhashe kumasipala waseDutywa onathi namhlanje apha ePalamente [Kwaqhwatywa.] [... Mrs Nomfundo Magadla from Mbhashe Municipality, in Dutywa, who is with us here in Parliament today ... [Applause.
Believe that South Africa belongs to all who live in it, united in our diversity.
This is what our Constitution says.
We draw inspiration from the preamble to the Constitution of the Republic today, as we present the Budget Vote of the Presidency and also mark the first anniversary of this fourth democratic administration.
In the Convention for a Democratic South Africa we defeated apartheid. When we cast our ballots on 27 April 1994, we buried racism and officially chose a path of unity and reconciliation.
By adopting our progressive Constitution in 1996, we confirmed that our country would never go back to the era of instability, mistrust and oppression of one by another.
Sixteen years later, we live in peace and harmony in our country. No amount of anger, frustration or fear should ever make us forget the fundamental principles enshrined in our Constitution. We will never deviate from these principles and the values for which we sacrificed so much.
Let me borrow from the wisdom of the former ANC President-General, Inkosi Albert Luthuli, who eloquently articulates what we mean when we say this country belongs to all of us.
There is a growing number of people who are coming to accept the fact that in South Africa we are a multiracial community - whether we like it or not. I am not prepared to concern myself with such questions as: "Where have you come from", "Do you come from the North" or "Did you come from Europe" It is not important. What is important for our situation is that we are all here. That, we cannot change. We are all here, and no one desires to change it or should desire to change it?
The acceptance of common citizenship and equal claim to this country is our nation's greatest achievement. This should spur us on at all times to work for the common good of our country. It should remind us that we are actually a nation that has achieved a lot, against great odds, through working together across race and political divides. That is indeed the message that you are given today as we present our Vote.
Hon Speaker, during my inauguration on 9 May last year, we said that we would not rest as long as there were people who had no water, children with no access to education, women who were abused, workers who struggled to feed their families, and people who died from preventable diseases.
We also said that there would be no place for complacency, cynicism, excuses or laziness as we went about improving service delivery. We are pleased that, in this first year in office, we have achieved most of the goals that we set for ourselves. [Applause.
Gradually, we are succeeding in changing the attitude and style of government and transforming the way government relates to citizens. We can already feel the sense of urgency in all government spheres.
Allow me, hon Speaker, to briefly update the House on the work done to date on our key priorities. I will thereafter look ahead at some of the matters that we want to attend to this year, especially relating to the supervision and leadership of government.
There is visible progress in our identified priorities, such as health, poverty eradication, job creation, quality education, rural development and the fight against crime and corruption. More resources and energy have been channelled towards the prevention and treatment of preventable diseases and the revitalisation of the public health care system. We have launched massive campaigns on HIV, TB and measles. The roll-out of new HIV treatment and prevention measures, as well as the massive testing campaign that is under way, will make a difference in the fight against the disease. We applaud the wonderful work of the SA National Aids Council in fighting the epidemic, under the leadership of the hon Deputy President. [Applause.
The revitalisation of the country's education system is also progressing well. The Department of Basic Education and the Department of Higher Education and Training have directed attention towards improving performance in schools and the training of a skilled workforce.
We have allocated a total of R3,2 billion in infrastructure funds to universities over the next two financial years. [Applause.] This will help us to increase the production of graduates in the critical areas of engineering, life and physical sciences, teacher education and health sciences.
In addition, work towards the establishment of universities in Mpumalanga and the Northern Cape will continue this financial year in order to further expand access to higher education. [Applause.] We are doing this in recognition of the fact that nearly 70% of all South Africans are under the age of 35. We have to invest in our youth, in our future.
The widening of the social security net to cover needy children up to the age of 18 forms an integral part of government's contribution to the fight against poverty. It is yet another investment in our generation and the youth.
Hon Speaker, our investment in infrastructure beyond the World Cup also goes to our future water and energy security. We are building bulk water pipelines and dams, power stations and electricity distribution infrastructure.
We are also working on several major projects in renewable energy, such as wind power and concentrated solar power. We launched a solar energy project in Winterveldt, in Pretoria, recently. [Applause.] This will be rolled out nationally. All this work demonstrates that we are investing in a prosperous and sustainable future.
As you are aware, hon members, this administration came into office during a global economic recession, as a result of which we shed close to a million jobs. All indications are that we are recovering from the recession, our economy is growing and investors are showing confidence in our country.
Government responded swiftly to the recession and a lot has been achieved under the auspices of the Framework for South Africa's Response to the International Economic Crisis. We have engaged in a number of activities to respond to communities in distress and to assist vulnerable workers and troubled enterprises and sectors of the economy.
Government has also worked with the CCMA to strengthen efforts to avoid retrenchments. To protect the poor and jobless from inflated food prices, government directed the competition authorities to speed up their investigations into price fixing and cartels in the food-supply chain. As a result, a number of implicated companies have been prosecuted.
Distinguished guests, as you are aware, government launched Industrial Policy Action Plan 2 in February 2010. This is a concrete plan to significantly expand South African industrial capacity. At its core are efforts to grow industrial sectors to retain existing jobs and to create new, decent jobs.
Other measures that enable job creation include stepping up the implementation of the Expanded Public Works Programme, investing in further education and skills development, and encouraging small business development and entrepreneurship.
Hon members, distinguished guests, we welcome the joint statement by manufacturers and the three trade union federations - the Congress of SA Trade Unions, Cosatu; the Federation of Unions of SA, Fedusa; and the National Council of Trade Unions, Nactu - on industrial economic policy interventions needed to create decent jobs, which was signed two days ago.
We applaud the proactiveness of labour and business in working to take forward this joint mission of creating decent work.
Hon Speaker, distinguished guests, I have outlined the work undertaken in the past year. We now know what works and what needs to be corrected, and what needs to be strengthened.
Working together as various spheres of government, we are changing the way government works in order to deliver services faster and better. That will be the defining feature of this administration: doing things differently, faster and in a more effective and caring manner, which puts citizens first.
You will recall, hon members, that in the Medium-Term Strategic Framework released last year we stated the need for a review of State-Owned Enterprises, SOEs, as part of the economic transformation agenda. We have to ensure that while they remain financially viable, the SOEs, development finance institutions as well as companies in which the state has a significant shareholding, respond to a clearly defined public mandate, and help us to build a developmental state.
I have appointed a Presidential SOE Review Committee to undertake this important work. It is my pleasure to announce the members, who are as follows: the chairperson is Ms Mangwashi Victoria Phiyega, and the members of the committee are: Mr Glen Mashishi, Mr Mafika Mkhwanazi, Mr Deon Crafford, Adv Swazi Tshabalala, Ms Dawn Morole, Mr Pramod Mohanlal, Ms Gugu Ngcobo, Prof Mbulelo Mzamane, Dr Takalani Madima, Mr Lumkile Mondi, and Ms Nombulelo Mkhumane.
We wish them well as they undertake this important task over a one-year period.
Hon Speaker, we also want to move faster on transforming broad-based black economic empowerment to ensure that we broaden the benefits. The new Broad-Based Black Economic Empowerment Advisory Committee, which is chaired by the President, is currently investigating a number of critical issues. These include, among other things, ownership and deals in the marketplace, the alleged abuse of black empowerment through fronting, and the promotion of instruments that will advance BEE. These are, amongst other things, preferential procurement legislation, industry charters and the verification agencies.
You will recall that in the state of the nation address in February we announced that we were adopting a new outcomes approach to governance. We have now finalised and signed performance agreements with all Ministers based on the agreed outcomes.
The Ministers will now work with provincial and local government to develop detailed delivery agreements for each outcome by the end of July this year. [Applause.] Minister Chabane will outline how the process will work.
Hon Speaker, on 30 April we announced the names of members of the National Planning Commission. Yesterday, we had a fruitful inaugural meeting with the commissioners in Pretoria. We expect this team of experts to advise government on various critical long-term strategies. I look forward to constant interaction with the NPC. Minister Manuel will elaborate further on this important part of our work.
Hon Speaker, distinguished guests, improving service delivery and interaction with our people will be another defining feature of this administration. The sporadic spread of protests in municipalities across the country overlook genuine efforts by government to provide basic services.
We will not condone the violence that sometimes accompanies these protests, and have directed the police to deal with protesters in accordance with the law.
However, government at all levels needs to investigate and act on grievances. We are working to correct the systemic problems as well as attitudes in the public service which, at times, make government slow in responding to the people.
We say that working together we will do more to make our country succeed. In this regard, we will continue to keep in touch with the masses of our people in all parts of the country. We are able to assess delivery directly by visiting communities. We have visited informal settlements such as Madelakufa in Kempton Park, Siyathemba Balfour in Mpumalanga and the Hermanstadt settlement in Pretoria. We have visited rural villages such as Libode in the Transkei and Giyani in Limpopo. The Deputy President has also conducted visits to the Eastern Cape and other areas to assess progress in implementing the antipoverty programme and also to check effectiveness in schools. These visits ensure that we do not rely only on reports from officials. [Applause.
Hon Speaker, yesterday I flew SA Airways from Johannesburg to Cape Town. The time spent on the plane was valuable. I interacted with passengers who shared their thoughts about the country and what we can do better, together, as government and citizens.
When we say we are doing things differently, we have to take the public service along with us. That is why we have been meeting with various categories of senior civil servants since last year.
On 23 April we met with directors-general and their deputies from national and provincial departments. We discussed with them our vision of changing the way government works. That will help us take the senior public service with us in this new direction.
Hon members, we said last year that we look forward to a constructive relationship with political parties represented in Parliament. We said it should sometimes be possible to find issues that are in the national interest that we can agree on.
Recent occurrences indicate that this is indeed possible. We were encouraged by the visit of a parliamentary delegation to the Presidential Hotline centre recently. We welcome the constructive comments, the support and innovative ideas on how to expand capacity.
The responsibility for the Presidential Hotline in departments will now be escalated to the level of directors-general. Minister Chabane will discuss the Hotline project further in his speech.
Hon Speaker, let me also take this opportunity to sincerely thank the leaders of political parties for availing themselves for consultations and discussions with us during the past year. The interactions have been most helpful and help to strengthen our multiparty democracy. In fact, in those consultations, I gained valuable things from the leaders, who made constructive comments and criticisms and also pointed out areas that we might not be thinking of. Those interactions were very valuable.
The attendance of the leaders at national celebrations was discussed at the last forum we held. We thank the parties for availing themselves for Freedom Day celebrations. You made it a truly national celebration for all South Africans. Indeed, the messages that were given by the parties were important, very much national in character and helped the people to see that democracy works, for that is what it means.
Kealiboga. [Thank you.] [Applause.
Hon Speaker, hon members, we are committed to building a better Africa and a better world. This is informed both by our desire to contribute to the betterment of humanity, and the pursuit of our national development priorities. Our foreign policy is guided by domestic imperatives. This is evident in our bilateral and multilateral engagements.
Our involvement in negotiations towards a more equitable trade regime, for example, is premised on the understanding that reducing trade barriers for the developing world will contribute to economic growth and job creation in South Africa.
We have placed strong emphasis on deepening economic diplomacy in our relations with other countries. You would have noticed that all our state visits, both incoming and outgoing, are strong in terms of business participation. Such visits are important for the advancement of our economic agenda. Our commitment to the African Agenda remains on course. We will focus on the Southern African Development Community, SADC, on regional integration, on peace, on security, on stability and on the economic development of the continent.
We will continue to strengthen South-South co-operation, both politically and economically, through platforms such as the India-Brazil-South Africa Forum, the IBSA, and the China-Africa forum.
A new world order is taking shape, and it is important that South Africa makes a useful contribution to this process. In this regard, our country participates very actively in the G20. While the United Nations remains at the centre of any system of global governance, the value of groupings like the G20 was evident in the co-ordination of responses to the recent financial crisis. The G20 cannot replace the UN, but it is an important forum within which to mobilise support for the strengthening of multilateral institutions and for improving global governance.
Accordingly, within the G20, we have argued that international financial institutions must be reformed to better reflect the voice and interests of developing countries.
Hon members, from 1 April 2010, South Africa became a member of the African Union Peace and Security Council for a two-year period. [Applause.] This provides us with an opportunity to deepen our contribution to the advancement of peace, security and stability on the continent.
Over the course of the past year, we have been involved in efforts to resolve political challenges in Zimbabwe. The Zimbabwean negotiating process is well under way and some achievements have been registered. The parties have also agreed to put in place various commissions that will help to move the country and the negotiating process forward. These include the establishment of a Human Rights Commission, an Electoral Commission as well as a Media Commission. The commissioners have already been sworn in. The commissioners enjoy the respect of all Zimbabweans across the political spectrum. The three parties are still consulting about the appointment of the Zimbabwe Anticorruption Commission.
There is also agreement in principle on the appointment of provincial governors. The parties have agreed on the model and formula of how these provincial governors will be appointed. It was agreed that MDC-M will receive one provincial governor, while MDC-T and Zanu-PF will share the remaining nine governorships. Whoever gets four governors between the two will be given an additional Minister of State.
The parties have established a team that comes from all parties that will appeal to the international community to call for the withdrawal of sanctions. It was agreed that MDC-M would receive one [Interjections.] No, not one country. Not one country. [Laughter.
All parties have also agreed to the establishment of the National Economic Council, and this decision awaits implementation. With the acquittal of Mr Roy Bennett, one issue that was an obstacle has been removed. The different parties are supposed to submit names of potential members to the relevant ministry.
Negotiations on other critical outstanding issues are still continuing, and various proposals on how to unblock the impasse are still being considered by various parties. There is hope and optimism that a solution will be found as we continue to engage with all the relevant stakeholders. I will present a report to the chairperson of the troika and SADC, soon.
This is the African Union's Year of Peace, which culminates on Peace Day, 21 September 2010. This is an opportunity for Africa to demonstrate a collective commitment to peace on our continent. Working together, we will make our country and our continent succeed and prosper.
Hon Speaker, I spoke earlier about the need for us to celebrate our Constitution and its provisions, especially the declaration that this country belongs to all who live in it, united in our diversity.
We have not had an opportunity in the last 16 years to formalise our discussions on how we can bring about a common understanding of our national identity. Due to the lack of a common perspective, we constantly reach crisis points on a number of issues. Constant contentious points include transformation in the workplace, sports, songs and symbols, the language policy and certain cultural practices. The national dialogue to unpack these and other issues will be launched on 29 July 2010 and preparations are under way. [Applause.
Hon members, this year, the greatest show on earth is the 2010 Fifa Soccer World Cup. We all have fond memories of the moment when Fifa President Sepp Blatter announced that our country would be the venue for this prestigious tournament.
Our country will never be the same again, thanks to the World Cup. [Applause.] The physical landscape is changing for the better. The tournament will leave a lasting legacy for future generations.
We reiterate that preparations for the 2010 Fifa World Cup are on track. Various government departments that have made guarantees to Fifa have delivered on their mandates within the deadlines.
What is important is that our work goes on beyond the final whistle. Investment in additional resources for the police, disaster management, health and the immigration system will have a lasting impact on the delivery of services to the people.
Also important is the vibrant national mood and the positive response of the world. Domestically, the World Cup is generating high levels of patriotism and national pride. Our colourful flag is more visible at this time than ever before. [Applause.
The international mood is also encouraging. The Government Communication and Information System has been tracking international public opinion of South Africa and the World Cup since 2007. We have done this because our objective is to use the World Cup to market South Africa and to improve international perceptions.
Tracking has taken place in 29 countries across seven regions. Findings reveal that the successful hosting of the 2009 Fifa Confederations Cup played a significant role in changing people's minds, especially people outside Africa. More people believe that South Africa will host an exciting and memorable event. [Applause.
Internationally, over 65% recall information on the World Cup as positive. Among South African respondents this increases to 85%. This gives us the best opportunity to demonstrate our ability and thereby strengthen our global competitiveness. We have an opportunity to promote foreign investment, tourism and trade.
We have to ensure effective policing during the World Cup. As you would be aware, in addition to routine security plans and budgets, we also have an additional R1,3 billion reserve for World Cup safety and security. [Applause.] We have a comprehensive security plan, which includes addressing terror threats, hooliganism and general crime.
World Cup fever is gaining momentum in our country, from Bafana sports shirts to flags and dancing in the streets. South Africa will never be the same again! [Applause.
Working together we will excel and deliver a memorable tournament, just as we did with many other huge international events, such as the Rugby World Cup, cricket and large international conferences.
We must showcase our South African-ness and fly the flag, that colourful flag, with pride. We are happy that thousands of our people are already doing so. Let us show true South African hospitality and be courteous, helpful and very welcoming to our guests. Let us also rally behind Bafana Bafana and indeed all African teams. I want to repeat that Bafana Bafana is going to surprise people. [Applause.
We have said continually that this is an African World Cup. Consequently, I have invited all heads of state on the continent to join us for the opening and closing matches. [Applause.] I know that this creates problems for those who deal with protocol and security, but this is an absolutely pleasant problem. It is not a bad problem when visitors are here and they have no place to sleep; it is a wonderful thing. We are loved by the world. [Laughter.] Let us make African teams and African soccer fans feel welcome and supported on African soil. [Applause.
I was very happy yesterday when SAA staff briefed me on how flexible they are making SAA during the four-week period, even shifting time if the matches are delayed, etc, and adding more capacity. That is a pleasant problem, Minister. [Laughter.
Hon members, allow me to express the nation's gratitude to our two former Presidents for their sterling contribution to the World Cup project - Isithwalandwe President Nelson Mandela and former President Thabo Mbeki. [Applause.
We also register our appreciation to our hon Deputy President, who leads the Interministerial Committee on the Fifa World Cup, which has executed its tasks efficiently and effectively. [Applause.
As a nation, we must also acknowledge the hard-working 2010 Local Organising Committee, Irvin Khoza and Danny Jordaan. We also take our hats off to all individuals who toil every day to make the World Cup tournament a success. We salute in particular the construction workers who have built our remarkable stadiums and other infrastructure. [Applause.] They have really made us look good in the eyes of the world.
Hon Speaker, let me take this opportunity to extend our condolences to the families of those who died aboard the Afriqiyah Airways flight from Johannesburg, which crashed near Tripoli, Libya, this morning. Our thoughts are with those who lost loved ones in this tragedy.
Somlomo ohloniphekileyo, sivakalisa uvelwano lwethu kwizihlobo zabantu abangama-23 abasweleke kwingozi yebhasi, eyenzeke kule veki iphelileyo ivela eNgcobo eMpuma Koloni, isiza eKapa. Silila nani mawethu. [Hon Speaker, we pass our condolences to the friends and relatives of the people who died in the bus accident last week who were on their way from Ngcobo, in the Eastern Cape, to Cape Town.
Ngifisa futhi ukudlulisa ukuzwelana kwethu nemindeni yabantu abalimale ngesikhathi isitimela ababehamba ngaso siqhunyelwa izintambo zikagesi ngaseThekwini. Sibafisela ukwelulama okuphuthumayo.
Hawu bakwethu, engathi inkosi ingasinceda zinciphe izingozi emgwaqeni. Bashayeli nani shayelani ngokucophelela. (Translation of isiZulu paragraph follows.
[I wish to convey words of sympathy to the families of the people who were injured when the electric cables of the train they were travelling in exploded near Durban. We wish them a speedy recovery. Fellow people, May God help us in reducing the number of road accidents. Even you drivers, you should drive with caution.
Hon Speaker, before concluding, let me thank our hon Deputy President, the Ministers in the Presidency, the directors-general, advisers, management and all staff in the Presidency for their hard work and support.
Let me borrow from Inkosi Albert Luthuli's wise words, from 1958.
I cannot believe that all of us who are here will fail South Africa because we are cowards and apathetic. I believe we all will do our best - whatever the difficulties are - for the realisation of this glorious democratic South Africa we dream of.
Working together we will make our country succeed and prosper.
It is indeed my pleasure to commend the Budget Vote of the Presidency to the House. I thank you. [Applause.
Mr N A RAMATLHODI: Seboledi, Mopresidente le Motlatša Mopresidente, ke a le dumediša. Ke re Thobela! [Hon Speaker, hon President and hon Deputy President, I greet you all.
I rise to declare that the ANC is irrevocably and unashamedly married to the Constitution of the Republic of South Africa. [Applause.] Not only are we determined to uphold it, but we are also indeed ready to defend it with our very own lives if need be.
We make bold these assertions sustained by the indomitable fighting spirit of Makana, so eloquently captured in the words of Nelson Mandela at the Rivonia Trial, during the time when our leadership was faced with the real prospect of the hangman's noose.
In our language we call this spirit the spirit of no surrender - the same spirit that sustained Vuyisile Mini, as he faced the hangman's noose; the very spirit that sustained Solomon Mahlangu as he faced the gallows.
We make bold to say we can defend the Constitution with our lives, sustained again by the spirit, by the knowledge that we speak also on behalf of those who fell on the battlefield, pursuing the quest of the realisation of this Constitution.
We shall defend this Constitution because it is the product of our own struggle. It embodies the lofty ideas of Pixley ka Isaka Seme in 1912 when he called for the unity of black people in our country. It reflects, in many ways, the spirit of our Freedom Charter of 1955, which declared that: "South Africa belongs to all who live in it, black and white."
In case we forget, this was the time when white supremacy was reigning supreme. It could not have been easy for our forebears, some of whom are amongst us here today, to recognise the rights of the oppressors at the same time that they themselves were at the receiving end of the iron heel of the same white supremacy. We were bold then as the oppressed, as we are bold now as a free people to assert the citizenship of all South Africans.
Our belief in the humanity of us all remains unassailable because it is not discriminatory, and it is not time or circumstance bound. It is for this reason that our time-tested belief in our collective humanity has illuminated our passage through the valley of death, and it shall continue to carry us onwards as a necessary burden on its timeless winds of wisdom to the end of time.
This is made possible by the rare and priceless gift bequeathed to us by the noble spirit of ubuntu, which asserts: Motho ke motho ka batho ba bangwe. [A person is a person because of other people.
We claim our own humanity by recognising the humanity of others. This is a true and lasting hallmark of our people, and indeed is the intrinsic nature of our great movement for those who know it as well as the uninitiated.
Those who today accuse the black majority and white democrats, as represented by our movement, of being a threat to the Constitution, deliberately choose to overlook the history of this country. They are the ones who are, in fact, posing a serious threat to the Constitution by opportunistically and hysterically waving the flag of fear and uncertainty amongst the population, not only here, but also abroad.
In this regard, it is disingenuous and unpatriotic to attempt to build any party's political fortunes aboard a wagon propelled on wheels of falsehood and on the road to a nonexistent but promised utopia, a state which exists only in the minds of its prophets and their disciples.
Speaking for ourselves, we have defied the odds with remarkable resilience by consistently refusing to be defined by the centuries-old dehumanisation of black people. Whenever we have had the occasion to look into the mirror of time, we have always come out proud of being ourselves, proud of our value systems. We have survived the ideological onslaughts of successive white regimes which sought to convince us that we were children of a lesser God, and, therefore, poor imitations of real human beings. We have also witnessed oppressors suffering under the weight of the chains they sought to shackle their victims with.
To oppress others can be a thankless and, indeed, energy-sapping full-time job, my friends. It would be foolish in the extreme, therefore, for us to swop the free mantle of the liberator for the debilitating straitjacket of the oppressor. Therefore, reproducing ourselves in the image of the oppressor has never been an attractive option at all. [Applause.] We are not about to change now, and change the Constitution because we are ruling. This Constitution is safe with us. It is safe with the ANC. [Applause.
HON MEMBERS: Yeah!
Mr N A RAMATLHODI: It is safe with the people of South Africa.
Mr N A RAMATLHODI: It is safe with our President who, more than any amongst us has had to humble himself before its might on many occasions. [Applause.] For the Constitution to be alive, the people must give it a breath of life, just as happened the day a human was created in the Creator's own image. [Interjections.
We must embrace it, promote it and defend it in the same way it seeks to do for us. In this regard, we cannot afford to be selective and embrace only sections which might appear to favour our own sectional interests, such interests being material or ideological. It is, therefore, our collective responsibility to enhance and not to diminish the legitimacy of this Constitution as it is the real, and perhaps only true foundation of our democratic state.
Though we may take it for granted, this Constitution has given us the peace rarely experienced on the continent and indeed elsewhere the world over. This has been possible because it recognises and restores the humanity of us all, as well as promotes a society based on human solidarity. The peace we enjoy affords us the opportunity to correct our genuine and sometimes silly mistakes. This would not be possible in a society consumed by warfare.
In order to transform our justice system, the Constitution has, amongst other things, established the Judicial Service Commission. In this regard, the commission has discharged its duties with enterprising diligence and great fortitude, sometimes in the face of vicious attacks from powerful quarters resisting change. There have been occasions on which some have sought to impose their own preferences and wills on the Judicial Service Commission. In this regard, sustained assaults have been mounted both in the courts and also in the domain of public opinion.
The judiciary itself has not been spared by these forces who are convinced that it is their God-given right that its decisions must always be in their favour or in accordance with their world view. Our judiciary must uphold the values of our rainbow nation, not the exclusive values of an unrepentant minority.
This point cannot be overemphasised: that, as a nation, we must rally to the defence of the institutions underpinning our nation's democracy, including the Presidency of this country, which deserves more respect than we have given it until now. [Applause.
These institutions are young and they are still vulnerable, and we must therefore protect them. This is crucial because were they to collapse, we would have neither winners nor losers in this country. We would then have an unmitigated freefall into the state of nature where there are no rules and anarchy prevails. In this state, it is not unusual to find a dog eating another dog. There won't be smart debates out there, as we shall all be fighting for survival in the state of nature.
The sad truth is that, were we to arrive at that point, we would have destroyed not only our future, but the future of the innocent: our children and our children's children to the fourth generation. Thank you. [Applause.
The LEADER OF THE OPPOSITION: Hon Speaker, hon President, and hon Deputy President, as so many newspaper headlines have already said over the past couple of days, the honeymoon is over. Rebekah Kendal wrote on 4 May 2010, "Phew. What a year. Yip, it's been almost a year since Jacob Zuma was sworn in as President of the country in a bash that cost the South African taxpayer a whopping R75 million. Since then, things have pretty much followed the formula of the inauguration: expensive".
In your last state of the nation address, you undertook to outline the missing details in the budget and ministerial debates. Frankly, not having a portfolio committee to consider your budget, which incidentally is growing at an alarming rate, leaves me none the wiser because the forthcoming detail you spoke about never materialised. In fact, the fact that the Presidency didn't even present a strategic plan for the past financial year, notwithstanding some fundamental changes, amongst them the commissioning of two new Ministries in the Presidency and the Presidential Hotline that continues to "tilt at every conceivable windmill" with very limited impact, makes one wonder whether there is indeed a strategy or a framework. The recent resignation or redeployment of some of the senior presidential staffers suggests that this is not a happy place, nor a well co-ordinated and organised place.
Dit op sigself vereis dat daar meer eerder as minder toesig moet geskied ten einde te verseker dat die Presidensie se begroting van R727 miljoen, wat tot R815 miljoen in 2012-13 sal toeneem - voor enige onvermydelike hertoedelings - effektief, doeltreffend en ekonomies bestee word. (Translation of Afrikaans paragraph follows.
[That, by itself, necessitates that there is more rather than less oversight in order to ensure that the Presidency's budget of R727 million, that will increase to R815 million in 2012-13 - before any unavoidable reallotments - is effectively, efficiently and economically spent.
The apparent support from the Speaker, the House Chairpersons and the multiparty Chief Whips Forum for a body to oversee the Presidency is welcomed by the DA. Apart from the fact that this Parliament cannot allow any budgets to go unaccounted for, it perforce needs to ensure that the transversal responsibilities of the Presidency are appropriately implemented and fulfilled across the board without exception. Only authentic oversight by this Parliament can ensure that this happens.
Mr President, I can't help thinking that many of the challenges that rest on your weary shoulders could have been averted or addressed through decisive leadership, the kind of leadership that is clearly set out in an ANC discussion document titled Through the Eye of the Needle. [Interjections.] It is extremely naïve...
ewe, ndiyifundile. [Kwahlekwa.] [yes, I have read it. [Laughter.
It is extremely naïve to think that your Cabinet will decide for government, when it itself is so divided and dichotomous on so many critical issues, especially the macroeconomic policy of our country. Michael Spicer of Business Leadership SA describes this situation well when he says, "It leads to contestation and policy paralysis and an attempt to be all things to all people."
Mr President, you cannot be all things to all people, as you will either let them all down or else they will let you down. I wonder, for example, what the last straw was that broke your silence and prompted you to act, at last, against Julius Malema. [Interjections.
Was it the fact that he spoke the unspeakable about supporting Mugabe and Zanu-PF or, more sinisterly put, the fact that he said what the ANC silently wishes should happen in Zimbabwe Your lack of decisive leadership regarding the unacceptable behaviour of the ANC Youth League, and its leadership in particular, has allowed the South African political discourse to descend into the gutter?
It is now time for you to take control and do what is necessary to prevent the further unravelling of our national thread. The hosting of the 2010 Fifa Soccer World Cup is a once-in-a-lifetime opportunity, hon President. Ubuntu [Laughter.] Ubuntu, as so eloquently put by the speaker before me, sets us apart from other non-African countries.
Ubuntu buhamba kunye nembeko, ikakhulu imbeko yokukhahlela abantu abadala okanye abantu abakhulu. Kuxhomekeke kuthi ukukhusela ubuntu. Ubukrwada asinto yamkelekileyo. [Ubuntu goes with respect, more especially respect of greeting the elderly. The protection of ubuntu depends on us. Rudeness is not accepted.
You also need to understand that your nondisclosure of financial interests, as required by the Executive Members' Ethics Act, has been a lamentable transgression, especially considered against your claim that your administration would seek to combat corruption. Your explanations for this non-compliance can at best be described as a red herring and at worst simply disingenuous.
In this regard, Mr Malema trumpeted just more than a year ago that voters should never trust politicians that can't account for their wealth. [Interjections.] Well, he has done really well for someone who ostensibly holds no business interests or directorships and has an unbelievable amount of disposable income to spend on bling and birthdays for someone who is a salary earner in the ANC structures. What is more, it is now he who can't or won't explain his very apparent opulence.
Regarding the other departmental budgets, Mr President, allow me to say that it is with regret that you weren't here to observe the performance of some of your Ministers, their deputies, committee chairs and ANC committee members. Minister Shiceka derided me in his own very inimitable fashion for attending the budget debates to ensure that, in his words, "my members spoke the language of their master". All the more is the pity you didn't do the same to assess what these people were saying, Mr President.
Minister Shiceka misinformed the public about expenditure on the 2010 World Cup stadia. He blamed the DA for the R4 billion price tag of the Cape Town stadium and compared this with the cost of the Orlando Stadium. First of all, he forgets that it was President Mbeki who negotiated with Sepp Blatter in 2005 that Green Point was the place to build the stadium. He ignored the appeals of the people of Cape Town to build it in Athlone or Newlands. And, if the hon Rasool was here today, he would tell you that he was instructed by Essop Pahad that that is the wish of the President, so hence the R4 billion price tag.
What he should have done further, was that he should not have misled the people and compared Orlando Stadium with Green Point Stadium. What he should have done was compare apples with apples. He should have compared it with the R3,2 billion price tag of the Soweto Stadium, and not the Orlando Stadium. [Interjections.
Furthermore, the hon Shiceka said, "Do not politicise local government." Hello! Who politicised local government He said, "Where are the problems of political leadership Are they in other municipalities or in the Western Cape They are here." Well, a quick audit revealed that there are currently 23 out of 275 municipalities, 8,4%, under administration, all in ANC-controlled provinces [Interjections.] with ANC cadres deployed as administrators, and all the failed councillors and mayors continue to receive their salaries with little or no impact from the curatorship interventions. [Interjections.] It is ANC municipalities that have two mayors. It is ANC municipalities that don't meet for a year because of intrapolitical party politics in the ANC?
In contrast, Mr President, in the Western Cape 23 out of 30 municipalities received unqualified audits; 29 of the 30 municipalities spent 100% of their municipal infrastructure grant; and 96% of that grant has been spent by the City of Cape Town, unparalleled expenditure of the municipal infrastructure grant. [Applause.] No wonder he says don't politicise local government, because it is political dynamite.
Wanneer mnr Shiceka sê dat die DA-beheerde Wes-Kaap en Stad Kaapstad "'n eiland van uitmuntendheid omring deur 'n see van probleme is", kan ek nie anders as om met hom saam te stem nie, want hy erken die doeltreffendheid van DA beheer en die mislukking van die naburige ANC-beheerde provinsies en munisipaliteite.
Mnr die President, en ek haal aan uit die Presidensie se begrotingsdokument: "Die doel van die Presidensie is om te lei, te bestuur en die strategiese sakelys van die regering te ontwikkel, daaroor toesig te hou om sodoende die verwesenliking daarvan deur die Staat in sy geheel te verseker." U moes teen hierdie tyd reeds verseker het dat die makro-ekonomiese en rigtinggewende beleid afgehandel is en dat die Beplanningskommissie hom moet toespits op die beplanning van die langtermyn - ekonomiese strategieë en rigting van die land. Dit behoort gekoppel te word aan prestasie-verwante ooreenkomste wat aanvaar moet word deur al die Ministers en al 28 adjunkte, wat, met die uitsondering van 'n paar, hulle alleen weet wat hulle eintlik doen.
Wat die skep van werkgeleenthede betref, is u ver van u verkiesingsbelofte om 500 000 werkgeleenthede te skep. Tussen April 2009 en April 2010 het Suid-Afrika 'n netto verlies van meer as 'n miljoen werkgeleenthede gehad. Tog wag ons steeds vir 'n strategiese plan oor hoe ordentlike werkgeleenthede, veral vir die jeug, geskep gaan word. (Translation of Afrikaans paragraphs follows.
When Mr Shiceka says that the DA-controlled Western Cape and the City of Cape Town "is an island of excellence surrounded by a sea of problems", I have no other option but to agree with him, because he recognises the efficacy of DA management and the failure of the neighbouring ANC-controlled provinces and municipalities.
Mr President, and I am quoting from the Presidency's budget document: "The aim of the Presidency is to lead, manage and develop the strategic agenda of government and oversee and ensure its realisation by government as a whole." By this time you should already have ensured that the macro-economic and directional policy is completed and that the Planning Commission is focussing on developing long - term economic policy strategies and the course of the country. It should be linked to performance-related agreements that must be accepted by all the Ministers and all 28 deputies, who, with the exception of a few, only they know what they are actually doing.
Regarding the creation of job opportunities, you are far from your election promise of creating 500 000 job opportunities. Between April 2009 and April 2010 South Africa had a net loss of more than a million job opportunities. Hitherto, we are still waiting for a strategic plan on how decent job opportunities, especially for the youth, are going to be created.
For example, what has come of Minister Gordhan's call for a wage subsidy and a two-tier labour dispensation for first-time young job seekers Has Cosatu's objection pushed this onto the back burner forever I know that all of this seems like a tall order for one year in office, but you have effectively been the Deputy President for six years and the President of the ANC since 2007, and it is you, hon President, that constantly refers to the ANC as a collective. This means that you didn't become President in a vacuum. The ANC has been in government for 16 years, and allow me to remind you that success has many fathers and failure is an orphan?
If the Ministerial Monitoring and Evaluation System is not underpinned with punitive action for nonperformers, as per Minister Chabane's explanation, failure will become your constant companion, because this is not the behaviour of an administration pursuing excellence. It is the sign of an administration paying lip service to accountability but, underneath the rhetoric, is really concerned with the entrenchment of its own power through deployment on the basis of political patronage.
Mr President, with regards to this failure to perform and provide, is it not yet time for you as President of South Africa and the former Chair of the Southern African Development Community, SADC, to give the citizens of this country, and this Parliament, a full and detailed report on what is actually going on in Zimbabwe and the status of the Global Political Agreement This is especially important as it appears as if Prime Minister Tsvangirai has succumbed to Stockholm Syndrome and the mesmerisation of the octogenarian wizard?
Further, you need to clarify what kind of real investment protection the toothless Bilateral Investment Promotion and Protection Agreement offers South African investors that conduct business activities in Zimbabwe, especially against the stated objectives of the draft Bill on indigenisation of foreign-owned businesses in Zimbabwe.
Locally, much has been made of your and Minister Shiceka's call to prevent political party office bearers from holding public administrative office and that if such an appointment is made, that the relevant councillors will be held to account. All I can say is: Ha, ha!
Give this House but one example of such accountability, and I'll retract this derision. I am confident that there is no such example, though, as the examples that do exist highlight instances of startling embarrassment and costly litigation across the country.
Accountability is something that is not yet synonymous with the ANC at all, as even here in Parliament, despite the Deputy President's intervention as the Leader of Government Business to get the Ministers to answer the questions, the questions remain unanswered. This is not only arrogant disdain of the opposition - and some Ministers refuse to go to special oversight committees - it is, more worryingly, a disdain for Parliament and the Constitution.
It is important to say to you, hon President, in this House, taking note of what the hon Ramatlhodi said, that if and when you, and anyone in government, seek to transgress or undermine the Constitution, the DA will do what it deems necessary to prevent this both in Parliament and the courts of law with our own money, no matter how irritating and inconvenient you and your Cabinet find this. This is not only the role of an effective opposition; it is the role and responsibility of a collective opposition to prevent an abrogation of our much-vaunted Constitution.
The same applies to your profligate Ministers whose penchant for excessive and wasteful expenditure has taken the DA's Wasteful Expenditure Monitor beyond the R1 billion mark. Mr President, this past year, unfortunately, can never be honestly described as a year of "faster, better, smarter" governance. This debate might not be taken too seriously by you and your Cabinet, but ignore it at your peril, as the 2011 local government elections are looming. [Interjections.] Sizakubona! [We'll see.] [Time expired.] [Applause.
Mr M S SHILOWA: House Chairperson, Cope will not support the budget, for reasons that will become clearer during my input. [Interjections.
Mr M S SHILOWA: In a month's time, football fans from across the globe will descend on our shores in their multitudes. They will come to witness the first ever historic Fifa World Cup tournament held on African soil. If ever there was a time for South Africans to come together in solidarity and embrace Bafana Bafana, this is the time. Here is a gift-wrapped opportunity to forge national unity and cohesion.
While the vuvuzelas cannot score goals, seeing all of South Africa blowing on them will lift our football stars to great heights of achievement in their opening encounter with Mexico, as well as ensure that we reach the second round. Once they clear this hurdle, I have no doubt that, instead of aiming at the treetops, they will begin to aim for the stars. This is a once-in-a-lifetime opportunity that we must seize with both hands.
That the infrastructure is ready is a matter of great pride. We now need to focus sharply on logistical issues: integrated public transport; security; fan parks; and accommodation, to name but a few. For ordinary men and women, there will be an opportunity to derive economic benefit to the extent that is possible. For government, the imperative is to make certain that in the action of both business and government, we do not kill the goose that lays the golden egg. Tourists must be protected; they must not be overcharged, so that, by word of mouth, they can spread the appeal of South Africa all over the world.
As we prepare for this world spectacle, we should not lose sight of the bleak reality that confronts our people. Four in ten of those who could be employed are jobless. What this means in terms of suffering is unimaginable. While men are also badly affected in this regard, women and the youth are hardest hit.
We agree, as you indicated, that social grants are very important in helping to ameliorate the situation of the poor. However, we believe that it is important to move beyond simple issues of social grants. While South Africans welcome those social grants, what they need more is secure and sustainable jobs.
People want to emerge out of the poverty in which they are mired. Many have no water, sanitation and shelter. To add to their misery, they are also frequent victims of violent crime. This is where government should be targeting its spending. This has to be government's priority. However, government expenses are ballooning because of executive expenditure on luxury sedans, five-star hotel accommodation, the increase in the size of presidential spousal office [Interjections.
Mr M S SHILOWA: and the expensive state [Interjections.] I beg your pardon!
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon members, order, please!
Mr M S SHILOWA: Please, don't talk about Gauteng and the premiership. I think I can put many of you to shame.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Shilowa, order, please! Order, hon members!
Hon members, can I appeal to you that you give an opportunity to the President to listen to the speakers, because at the end of the day the President has to respond. Can we respect that Hon George, I didn't ask for your assistance. Laughter.} You may continue, hon member?
Mr M S SHILOWA: Thank you very much, hon Chairperson. For the record, to those hon members who have been saying something about me, Gauteng and the premiership: Even as you speak today, when Gauteng writes about its successes over the past 15 years, nine and a half of those years include me at the helm. This is history you cannot erase. [Applause.
I was saying that this is where government should be targeting its spending. This has to be government's priority. However, as I was saying, government expenses are ballooning because of executive expenditure on luxury sedans, five-star hotel accommodation, the increase in the size of the presidential spousal office, and the expensive state visit to the United Kingdom.
is a five-star hotel. [Interjections.
Bendingahlali khona okokoko, yena uhlala apho okokoko enendlu phaya. Mna bendihlala ekhaya. [I didn't stay there all the time; he stays there all the time and has a house there. I was staying at home.
The continued appointment of a plethora of advisers is a clear indication that making an improvement in the lives of our people, especially the poor, is not the area of focus for government. While we welcome the many announcements by Ministers on plans that will ultimately lead to sustainable jobs, the sad reality is that even more jobs are being lost daily, as we speak. This is happening despite the President's assurance during the state of the nation address that we had turned the corner. Bling is prospering, while unemployment is ravaging the lives of the people.
As infrastructure projects and buildings get completed, many more people will soon join the ranks of the unemployed. You are no doubt aware that more than a million jobs have been lost under your watch, sir.
A few weeks ago, I visited the village of Muyexe. What I saw there was shocking. Having been conditioned by ministerial assurances in this House that improvements were taking place, I could see that despite the spin, there was very little taking place that could be termed rural development. If this is what a pilot project looks like, I shudder to think what the real project will look like. If it is assumed that I visited the wrong Muyexe area, I would be happy to accompany...
Nkul Nkwinti na Baloyi, hi ya vona. [ hon Nkwinti and Baloyi to go and have a look.
Better still, when next...
Nkul Chabane va ya ka Xikundu, ndzi nga tsakela ku va heleketa hi ya vona. [ hon Chabane goes to Xikundu, I will be happy to accompany him to go and have a look.
I am aware that the government went to Mthatha a few months ago. We are aware of the undertakings that were made to its citizens. The sad reality is that by the time the programmes promised are undertaken, even the existing roads, which were more potholes than roads, would have turned to gravel. This is a terrible letdown for a province which diligently gave their vote to the ruling party.
It is now a matter of historical record that the President, as was pointed out, failed to declare his assets in time, and only did so after an outcry from the public. The Cabinet asked the South African public to move on as this was now water under the bridge. The truth, though, is that a new benchmark for Ministers has now been set. They too can take their time, knowing that they can get away with the proverbial murder. No wonder some of them continue to do business with state institutions even as they hold public office.
Cha, ningaya kobheka, angizange ngibe nebhizinisi ngisakuhulumeni [Ubuwelewele.] [No, you can go and check, I've never had a business while I was still employed by the government. [Interjections.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, please!
Mr M S SHILOWA: It's a matter of historical record. I am very proud of my record. I never, like some of the Ministers here, asked for a tender when I was in government. Go and check; it's a matter of historical record. Shame on you! [Applause.
The Cabinet asked the South African public to move on as if this was now water under the bridge. The President's commitment to rooting out corruption will always ring hollow, unless he deals with these issues.
We are told that all Ministers have now signed performance agreements with the President, but that these will not be made public. Why make the announcement in public if the public has no way of monitoring and evaluating them. [Applause.] If the public does not know what the agreements are, how are they supposed to judge whether or not these Ministers are acting in terms of the agreements they have with the President?
We welcome, though, Mr President, the new-found impetus to fight the scourge of HIV and Aids, including your leadership on being tested. This is an important step as it helps people who are HIV-positive to ensure that they do not infect others or contract a different strain by continuing as if nothing had taken place. There is, however, an even bigger onus on those of us who test negative. They have to take steps to ensure that they remain negative through remaining faithful to their partners and condomising. They, too, have a duty to stop engaging in risky sexual behaviour.
Important as the roll-out of antiretrovirals is, without the procurement of essential drugs at cheaper rates, the programme may soon become unaffordable. So, we agree with the Minister that everything must be done to ensure that drugs are found at cheaper rates.
We also welcome the establishment of the National Planning Commission, which is now in place, more so since it is staffed by men and women who we believe will be able to not only focus on what the ANC manifesto says, but also on what the vision of South Africa should be over the next five, 10 to 15 years. That we welcome, sir, and hope we will be able to work with them.
We also welcome, as you yourself have said, your openness in working with the opposition, more so the engagement that we have had with political leaders, including the point that we must find a way to build national cohesion. One way of building national cohesion is by ensuring that when we celebrate national days, that these are seen truly as national days in the way in which you have been trying to do.
Nation-building remains a challenge, though. All of us need to watch our tongues. We must be mindful of what we say. We must ensure that we do not, in the process, fan racial hatred. This is not a call for papering over the fact that there are still high levels of inequality in income distribution and ownership of the economy, as well as the means of production, but rather a call to raise this issue with the aim of ensuring implementation of corrective policies while building our nation.
I was alarmed that the ANC felt that the kind of language Mr Malema used on a British journalist was correct, and that what they felt was the biggest insult was what they thought he had said about the President. I thought that what he said about the President, what he said when he was in Zimbabwe, and what he said about a British journalist were wrong and should have been dealt with and dealt with effectively. Thank you very much. [Applause.
Prince M G BUTHELEZI: Hon Speaker, hon Chairperson, Your Excellency the President, Your Excellency Deputy President, hon Ministers, hon Deputy Ministers and hon members, of course there are many facets to the Presidency. Today, I wish to focus on its powers and functions in the international arena. Last week, the President and I, together with some of the hon Ministers, were at the World Economic Forum in Dar es Salaam in Tanzania. As many commentators have already observed, nothing of substance came out of that meeting, which reiterated the importance of Africa pursuing an agenda on which there has been consensus for a decade but on which there has still not been a concrete implementation plan.
The President's predecessor, His Excellency Mr Thabo Mbeki, carved a role for himself in history by being one of the many promoters of Nepad and the African Union. In fact, the perception is that he is one of the founding fathers of the African Union, if not the father. So I urge our President to keep up the momentum and maintain the leadership role that both Africa and the world have come to expect South Africa to play. We need to take immediate action to give substance to the often-declared commitments and agenda items for Africa, voiced in international forums.
At the opening of the King Shaka International Airport in Durban last weekend, His Excellency the President stated, amongst other things, that we must change the way the government works and that we must change the way the country works. I have expressed these sentiments myself for the past 20 years. So, as I endorse these sentiments today, I wish to add that we must also change the way Africa works to make this country work better, just as we must change the way this country works to make Africa work better.
I call for the time of empty declarations to end. I wish to make some very concrete suggestions, which highlight the relevance of the international dimension of the issues with which this Parliament is now seized. I urge the President to promote the immediate establishment of the free circulation of goods and capital within sub-Saharan Africa, and the related abolition of all internal duties, customs and checkpoints, in the same way the many diverse countries of Europe did and as the World Economic Forum has often suggested.
This initiative will open a completely different dimension for the debates we are having on our Industrial Policy Action Plan, which suffers under the difficulty of promoting industrial bases for a country like ours with less than 10 million consumers for a broad range of goods. The predictable and imminent creation of a continental marketplace will enable each country to specialise in the manufacturing of one or more products, thereby promoting continental trade as the basis for greater South-South transcontinental trade.
To a great extent, the Industrial Policy Action Plan is now predicated on the notion of protecting our industry by means of tariffs and subsidies. I am, rather, proposing that tariffs and subsidies be used within the parameters of a continental custom union to protect the continental internal market from unbearable external competition during its infancy. Well, the question may be asked: Is this too large a leap, too fast and too early I say no, it is the bare minimum, way too late and way too slow?
I urge the President to champion the redress of Africa's lack of adequate and integrated infrastructure. It is a terrible indictment having to read in books, like the one recently published by our Professor R W Johnson, that throughout Africa, including our own country, infrastructure levels and adequacy have declined since liberation was achieved.
As the President has stated, we are all very proud of what we have achieved in preparation for the 2010 Fifa World Cup, including these beautiful scarves. Our roads are in a parlous state, with potholes enough to give our frogs a bath on rainy days. [Laughter.] What is worse is that those potholes have caused the deaths of innocent citizens. I would appeal to my homeboy, the Minister of Transport, not to take this as a personal attack on him because he inherited the situation. [Laughter.
It is a demeaning but nonetheless inspiring fact that when European countries came together to partition Africa into African states amongst themselves in the Treaty of Berlin in 1885, they also set up a process of co-ordinated infrastructure development inclusive of harbours, highways, railways, factories, airports and electricity plants. Amidst hiccups and difficulties, this process lasted until the outbreak of World War II.
So, I urge the President to launch an initiative in terms of which African countries can now come together as equal and free nations to resume the co-ordinated and integrated development of infrastructure within the continent. In order for this not to become another talk-shop in which the problems are reiterated without the power to forge and impose solutions to them, it is necessary that real powers be vested in such an institution, along the lines of a European Commission.
This institution should receive funding and should plan the development of Africa not only in respect of building the required 19th and 20th century hard infrastructure, but also in respect of the soft infrastructure of the 21st century, ranging from the reticulation of broadband Internet to satellite communications.
It is disheartening to me, Your Excellency, that in spite of being the economic powerhouse of Africa, our country is today well behind even former socialist states like Tanzania and Mozambique as an attractive destination for investment. While it is encouraging that the President rejected the idea, for instance, of the mining industry being nationalised, I think he actually confused many people, both here and abroad, when in the same breath, he pronounced that the debate on the nationalisation of the mining industry within the ruling party should be accepted as an ongoing debate.
I shrink when Your Excellency suggests that something such as nationalisation can still be a subject for debate, when it has ruined so many countries. As a patriot, I resent my President saying anything that can be misinterpreted as him speaking out of both sides of his mouth. It is, however, not my resentment that is important, but that this kind of talk frightens away would-be investors.
I also urge that the President call for the creation of an institution which can represent a united African position in World Trade Organisation negotiations in order to achieve a common front on agricultural issues. We must exercise maximum moral and political pressure on the developed world to stop their subsidies of their farmers, so that Africa may finally become what it is supposed to be: the breadbasket of the world. This would address the critical unemployment situation in our country and in other African countries. Of all the debates that took place at the World Economic Forum on Africa, to me the one on agriculture was the most relevant for us in Africa.
The final aspect of this internationalist agenda, which I urge our President to consider, is that of unleashing the developmental and constructive capacity of our South African companies within the rest of the continent. As Americans and Europeans have done with their own companies, we should provide financial assistance for infrastructural development to other African countries, on condition that their work be conducted by South African companies, which will build a stronger and larger industrial base for us, effectively transferring subsidies to our industries while giving concrete assistance to the development of the rest of Africa in terms of schools, hospitals and even broadband Internet.
It is essential that, as part of this initiative, we call for the adoption of uniform legislation, making it a crime within our own country if one of our companies engages in corruption in a foreign country. Both Europe and the United States have such legislation on their Statute Books.
Mr President, I believe that this agenda would address a huge number of problems at home and abroad, and would show that under the present incumbent, yourself, sir, our Presidency has maintained, if not increased, its international leadership within Africa and the world.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Prince Buthelezi, your time has expired.
Prince M G BUTHELEZI: I know that the issue is not whether this agenda will be realised or not, but when. My challenge to the President is that he be the one that makes it happen and for this to happen within my lifetime. [Applause.
The HOUSE CHAIRPERSON Ms M N Oliphant Lungu elihloniphekile, Sokwalisa isikhathi sakho sesiphelile. [Ihlombe.] [Hon member, Sowkalisa, your time has expired. [Applause.
The DEPUTY PRESIDENT: Hon Chairperson, hon President of the Republic Mr Jacob Zuma, hon members, premiers, distinguished guests, Safa President Kirsten Nematandani, CEO of the Local Organising Committee Dr Danny Jordaan, molweni! [good day!
I am honoured to share this platform with the President of the Republic and the rest of the Members of the House, including my colleagues in the Presidency, on the occasion of the presentation of the Presidencys Budget Vote.
In 19 days from today, South Africa will mark the centenary of the Union of South Africa, which came into being in 1910. As you all know, this was the creation of the South African state as we know it today and the legalised exclusion of the majority of our people from the main body politic. The then four provinces came together to form the Union of South Africa. For this they each received a crown: Pretoria, in the Transvaal, became the administrative capital. The Orange Free State was crowned with the seat of the Judiciary in Bloemfontein, whilst the Cape got Parliament, and Natal was crowned with the headquarters of the railway. [Laughter.
In 1994, nine provinces were conceived out of negotiations and consensus mainly to forge a nonsexist, nonracial and democratic Republic that belongs to all who live in it, united in diversity as stated in the motto of our coat of arms expressed in /Xam, a language of the Khoisan people.
This fact of history, having influenced the political trajectory of this country for over 100 years, is our common heritage, and therefore must be observed and discussed in this Parliament, at centres of learning, churches, in the "platteland", mass media, train stations, in the branches of all political parties, and so on.
As Milan Kundera said, "the struggle of memory is a struggle against forgetting". In the same vein, we must also remember the fact that this year marks 150 years since the arrival of Indian indentured labourers to our shores. In this regard, I urge all of us to celebrate their contribution to our culture, commerce and many other aspects of the sociopolitical life of this country. [Applause.
That today we speak of building an inclusive society is a direct response to the conditions precipitated by the South Africa Act 100 years ago. The rights and responsibilities that emanate from our Constitution have made us appreciate much more what unites us as a nation rather than what divided us in the past.
As we strive to fulfil a common vision for the creation of a prosperous South Africa, we do so guided by the strategic objectives of improving the education system, eradicating poverty, creating decent work and speeding up inclusive economic growth. A value framework in which we mobilise the nation towards this vision is based on the pursuit of social equity, justice and fairness, and is results driven. Of course, this value framework is at the heart of our mandate to address the legacy of discrimination and dispossession.
Our government's programme of action requires from all of us that we work together through an integrated approach to address marginalisation and underdevelopment. Our core business is to restore hope and dignity in the lives of all South Africans by delivering effective, consistent and reliable services to the people.
It is incumbent upon all of us, as public representatives, to be at the service of the people. President Jacob Zuma has challenged us not only to understand what the needs of the people are, but also to be an administration that knows where people live, what their concerns are and to involve them in our efforts to improve their living conditions. This will enable us to create a better life for all and to promote nation-building and social cohesion through partnerships aimed at achieving a more caring society. These principles are a milestone in the long journey we have travelled since the establishment of the Union of South Africa on 31 May 1910.
Before I get into the specific details of the work of the Office of the Deputy President, that is, over and above delivering deputy speeches [Laughter.] allow me to add weight to a fundamental point raised by the President when he addressed the nation on Freedom Day and again here today. This concerns the seminal question: What are we about as a nation, especially as we celebrate 16 years of freedom this year?
I believe our immediate obligation is to honour the mandate given to us by the people of this country. We should do this by, among other things, always upholding the Constitution, respecting one another, protecting our national symbols and celebrating our national days as one people, bound together by a common history and a shared destiny. As a basis for nation-building, the common ownership of our history includes acknowledging that, irrespective of where on the political spectrum people were prior to 1994, they all belong to this country, and therefore have a responsibility to build a prosperous South Africa. I wish to reiterate that the aspirations of our people must never be undermined by any interest group based on the subjectivity of race, religion, class, gender or ideology.
This democracy we enjoy today came at a price, including the death of thousands who relinquished their right to participate in order for us to live in a free country. [Applause.] As living delegates of the departed, we must remain steadfast in our endeavour to improve the socioeconomic conditions of our people. In fact, the five national priorities informing the programme of action of this administration give practical expression to these principles through the following: improving education; improving healthcare; creating decent work; fighting crime and corruption; and rural development and land reform.
You have consistently stated that working together with social partners, the state can better facilitate a common programme towards the achievement of these priorities through considered planning, performance monitoring and evaluation, better co-ordination and intensified oversight. My colleagues, Ministers Collins Chabane and Trevor Manuel, will elaborate on these.
The function of government and the Presidency, in particular, is clearly articulated as building a democratic developmental state through defined interventions. In this regard, allow me to recount some of the progress we have made as well as the challenges encountered in the first year of this administration.
As hon members will recall, when we presented our Budget Vote in June 2009, we committed ourselves to deepen our co-ordination and oversight efforts to ensure the successful hosting of the 2010 Fifa World Cup, which is now only days away. We committed ourselves to speed up all infrastructure aspects of the 2010 Fifa World Cup. We gave an undertaking to help host cities arrest budget overruns. We undertook to help unblock bottlenecks undermining stadium completion in cities like Mbombela. We also mentioned the significance of profiling legacy projects.
I am pleased to inform this House that we have gone beyond making good on our commitments. The stadiums are ready. Electricity and telecommunications networks are in place. Expanded airports are open for business. Immigration systems are ready for the inflow of foreign visitors. Systems to detect and treat visitors with contagious infections like H1N1 are operational. Highways, byways, ulterior and access roads are ready and some nearing completion. Disaster management, border control, crowd control, crime prevention, air, marine and intelligence security services are mobilised. Operational plans for fan parks and public viewing areas are in place. Almost every team has confirmed a base camp. We were also successful in assisting the Northern Cape province, as the only nonhosting province, to secure funds to upgrade their facilities. We are pleased that these facilities have been selected by Uruguay as their base camp. [Applause.
As Chairperson of the 2010 Interministerial Committee, I wish to acknowledge the efforts of the Co-operative Governance and Traditional Affairs and Finance departments who have worked tirelessly to address host city co-ordination and budget overrun challenges. May I also recognise the efforts of all Ministers, Deputy Ministers and senior managers who have ensured that we meet our guarantees on time. Even in the limited period remaining, we are still hopeful that the share of small enterprises will rise, as would our confidence in our national team, Bafana Bafana. We hope to provide them with boots that are able to score goals, even if you face the opposite direction. [Applause.
Of the economic and social legacy projects I have visited in Soweto, Rustenburg, eThekwini, Mbombela and even in the small town of Gansbaai in the southern Cape, all confirm that this 2010 Fifa World Cup will have long lasting spin-offs for our communities. We can deny the excitement of South Africans who are already celebrating this extravaganza through dance, song, arts, apparel and various other artefacts on display at street corners, shops and everywhere else in our communities only if we disbelieve the evidence shown to our eyes and ears. I am happy that Ministers Stofile and Xingwana will soon give diski dance tutorials to all Members of Parliament. [Applause.
On this occasion last year, we committed ourselves to a number of efforts to improve our performance in the management of HIV and Aids. This included strengthening a partnership between government, business, organised labour and civil society. Since then, great efforts have been expended to strengthen the South African National Aids Council, Sanac, the multi-sectoral structure responsible for policy advice, co-ordination and management of our national response to HIV, Aids and TB. Sanac now has a permanent secretariat with full-time capacity. [Applause.
On our commitment to conduct a mid-term review on progress made in achieving the targets of our 2007 to 2011 HIV and Aids National Strategic Plan, NSP, I am pleased to inform this House that the results of this review will be released next week. This review provides an independent assessment of how the country has performed at the local, provincial and national levels across the four NSP key priority areas.
Furthermore, as a statement of our commitment, the Minister of Finance announced an additional R5,4 billion to improve the effectiveness of our treatment programmes. Already, the public health system provides antiretroviral treatment to a globally unprecedented one million people. I am convinced that through these financial commitments we will double this number over the next three years. This will go a long way towards enabling the country to meet the NSP target of providing treatment, care and support to 80% of those in need.
To meet the challenge of supporting nongovernmental organisations and of improving the response capacity of the Department of Health, South Africa successfully applied for funding from Round 9 of the Global Fund for Aids, TB and malaria. The signing ceremony for this funding, amounting to approximately $100 million over 5 years, will take place later this week. The second target of the NSP is to halve the rate of new infections, and it is here that Sanac will concentrate the bulk of its efforts.
The national HIV Counselling and Testing campaign, launched by the President last month, has since been replicated in most provinces by the Premiers, MECs, Mayors and social partners. It is through this kind of partnership, commitment and leadership in action that we can stem the tide of new infections. Through this campaign, government is also assessing the strength of the public health infrastructure, which is crucial as we move towards the National Health Insurance.
I wish to pause for a moment to thank President Jacob Zuma, Premiers and all leaders of Sanac sectors for the leadership and support they have given to the South African National Aids Council. [Applause.] I also wish to acknowledge the support we have received from the Champions for an HIV-Free Generation, led by former Presidents Kenneth Kaunda, Joaquim Chissano and Festus Mogae, Justice Edwin Cameron and other eminent personalities from our continent. These leaders have twice visited our country to witness the strides we are making and to lend words of encouragement. Furthermore, we are inspired by their support and avail ourselves to share best practices with our bothers and sisters on the continent.
A special tribute also goes to all traditional leaders in South Africa who are working with their communities to build an HIV-free generation. We are encouraged by His Majesty King Zwelithini's partnership with the government of KwaZulu-Natal to roll out the biggest medical male circumcision project in our history.
Hon members, just to share with you, this campaign utilises a plastic device which simplifies the procedure. [Laughter.] It's a simple procedure. You fit this into the plastic gadget or device and two clicking sounds happen and this plastic device knows exactly where to prune and you keep it on for three days and you are able to attend school, work and you are able to urinate. And after three days you report back to the clinic and you are healed and you are fine. [Laughter.] [Applause.
The DEPUTY PRESIDENT: Chairperson, hon members, the message to society as a whole must, however, remain clear: While circumcision significantly reduces the chances of infection, by 50 to 60%, it does not completely protect males from infection or infecting others. The circumcision drive does not replace the core messages of abstaining, being faithful and condomising.
The Moral Regeneration Movement is a campaign driven by a section 21 entity that has successfully mobilised civic organisations, NGOs, faith-based organisations and activists. Whilst undergoing a review by the Arts and Culture Department, the Moral Regeneration Movement continues to implement the Charter of Positive Values and a range of other community-based campaigns aimed at promoting solidarity, respect for public property and, more importantly, the strengthening of the family as a basic unit of production of social values.
What we must recognise, is that moral regeneration and social cohesion campaigns in general stand or fall on the shoulders of all members of society. Such an understanding is the reason behind the slogan, that working together with all social partners we can do more.
Another initiative that we coordinate is the National Stakeholder Advisory Council on Energy. This is a product of collaboration with social partners within the country, especially co-ordinated at Nedlac. The council is supported by an Interministerial Committee, chaired by the Public Enterprises Minister, as well as a technical response team led by senior managers from the Departments of Energy, Public Enterprises, Economic Development and The Presidency. It was established in order to deal with the electricity supply challenges. Its input has contributed towards the stabilisation of the electricity situation in the country. The Department of Energy is developing a long-term integrated resource plan. Items under consideration include: protecting the poor from higher electricity prices; ensuring that there is sufficient generation capacity to meet demand; entry of independent power producers; and the implementation of demand - side management and energy efficiency measures.
We are a government that invites inputs and advice from the broadest cross-section of the South African population. We draw on the skills, knowledge and talents available in the country, and thus this council is one of the bodies that help government sharpen its interventions.
Poverty eradication is uppermost on government's programme for promoting social justice. We note that the extent of poverty in this country is still profoundly felt in the rural areas and informal settlements in all provinces. Our government is committed to pushing back the frontiers of poverty in order to attain the Millennium Development Goal of halving poverty by 2014.
It is encouraging to recognise that, working with social partners at Nedlac, we are progressing towards finalising an antipoverty strategy that should guide our comprehensive response to this stubborn problem. We have agreed with labour, business and civil groups that the strategy should be ready for adoption at the July Cabinet Lekgotla this year. To this extent, there is already general agreement on the pillars of the antipoverty strategy built upon the five government priorities.
Moreover, we are encouraged that all Nedlac sectors agree that education and skills development are the most effective tools in the arsenal of poverty reduction. We affirm, too, that accelerating access to basic social services is a vital short-term poverty alleviation measure with medium to long-term effects.
Such are the objectives of the War on Poverty Campaign that has benefitted communities in Jacobsdal, Lubala, Ga-Kgatla, uMsinga, Taung, Kagiso and Sikwahlane. The War on Poverty Campaign sought, among other things, to build a repository of information on the immediate needs of poor households living in the most deprived wards of our country. This enabled national, provincial and local government departments to intervene in a focused and co-ordinated manner. Using this approach, access to basic services has improved. More so, households were assisted to identify change agents. These are individuals with the greatest potential to lift each household out of poverty.
In the course of the campaign, we also noted a number of limitations. These include the slow pace at which we respond to complaints and challenges, co-ordination of interventions, poor administration and absence of leadership. In some instances people still do not know where to access services. Hence, the role of community development workers is very important as they are located in the midst of communities. They act as a point of reference for those most deprived or in need of government intervention.
In this regard, it is important that the individuals selected must always be committed persons of good standing in the community so that they have the credibility and legitimacy to escalate community issues with the relevant authorities. In this House today, we have two such exemplary community development workers. May I please request the House to acknowledge the presence of Ms Khuselwa Dlungwane from the Eastern Cape and Ms Siena Cloete from the Free State. They are in the gallery. [Applause.] Thank you.
One other key area in the work of The Presidency is to provide leadership in the implementation of the Human Resource Development Strategy, HRDSA, of South Africa. This strategy was canvassed widely amongst practitioners and stakeholders and has been welcomed as a critical mechanism to address our skills shortages. The HRD Strategy will be managed in the Department of Higher Education and Training, which is currently revising it and the strategy will be ready for publication by August this year.
Central to the realisation of the goals of the HRDSA is the alignment of strategies that are subordinate to it. One of these is the National Skills Development Strategy, which directs the spending of the 1% payroll levy contributed by employers. The HRD Strategy calls for the establishment of the Human Resource Development Council chaired by the Deputy President. We launched this HRD Council in March this year. This advisory body comprises of representatives from all social partners, research agencies, education and training bodies as well as experts in the field of human capital development. The HRD Council's secretariat is being established in the Department of Higher Education and Training.
The position of Leader of Government Business is provided for in the Constitution and in the rules of Parliament. Effectively, our purpose is co-ordination and harmonisation of the interaction between the executive and the legislature. There is, unfortunately, a tendency to use this office largely as a channel for complaints. I have also received numerous requests for government business opportunities. Many out there believe I am in charge of government business. [Laughter.] This is a genuine misunderstanding and I have had to explain very courteously that I am not in charge of any business.
I wish to reiterate that parliamentary oversight as provided for in the Constitution is crucial and should be rigorously observed. I am aware that as there are new Members of Parliament and new Ministers, challenges have arisen that are perceived to be affecting the relationship between Parliament and the executive. Let me reiterate that these two arms of the state are enjoined by the Constitution to work co-operatively although they have different mandates. This Assembly is obligated to oversee implementation by the executive, which is responsible for implementing government programmes and therefore should be accorded time and space to do so. For that reason, there should be no uncertainty regarding these distinct yet complementary functions.
One instrument that the Assembly uses to hold the executive accountable is parliamentary questions.
Mr M J ELLIS: And your friends in the DA!
The DEPUTY PRESIDENT: Regrettably, a large number of questions were unanswered at the end of last year, thus pitting some Ministers against Parliament. All Ministers who had outstanding questions were asked to provide written explanations as to why they had failed to reply as provided for in the Rules of this House. Having considered their explanations and also engaging Ministers directly, I wish to reassure this House that this challenge is being overcome.
Measures being implemented include allocating more resources to ensure that questions are not only answered on time but that they provide the necessary detail as well. In some instances, capacity in Ministries is being enhanced. Henceforth, directors-general will play a more active role in this process. We will closely monitor progress in this regard.
Notwithstanding time pressures resulting from the need to accommodate the Fifa World Cup, we remain confident that the 2010 legislative programme will be implemented successfully. Cabinet is closely monitoring implementation and the Leader of Government Business presents monthly progress reports to Cabinet.
As I stated at the beginning, as we prepare to mark the centenary of the Union of South Africa, the pursuit of public good compels us to realise the creation of a better life for all. We are a rights-based country that continues to learn how these rights should be defended and upheld by all citizens. We have confidence in the ability of our people to defend our democracy and to define what is right and wrong. Indeed, our history in the struggle for democracy instructs us that we cannot worship in obedience what is wrong.
As we make final preparations to receive the world during the months of June and July for the Fifa World Cup, let us remember and show to the world that, indeed, we are a country alive with possibilities. Ke a leboga. [I thank you.] [Applause.
The SPEAKER: I would like to thank the hon Deputy President. Deputy President, you will note that I did give you extra time because you were answering the question of questions, that you were addressing the issue of questions.
Mrs P DE LILLE: Hon President, Deputy President and Mr Speaker, as you so often say, Mr President, when you want to avoid making a decision, today we must debate, we must discuss and we must consult on your budget and, it is hoped, we can appease everybody.
Firstly, the ID requests that your office provides us with more details on the performance agreements you have signed with your Ministers. We firmly believe that since government leaders were put in their positions by ordinary South Africans, their performance evaluations should be made public, at least on a quarterly basis.
Secondly, Mr President, we would like to commend you for taking a public HIV test. This is certainly a turning point in our painful history in terms of fighting this pandemic. Together with our courageous Minister of Health, you have illustrated that through solid leadership we can mobilise the nation to deal with the stigma of HIV and Aids.
The Presidency should also set an example in terms of efficient and ethical leadership. This is particularly difficult, Mr President, when your office continues to be plagued by internal squabbles and bickering. All over the Presidency a lack of decisive leadership is evident, with ongoing battles over who really controls economic policy and endless confusion over Ministers whose mandates overlap.
Your bloated office even failed to advise you to declare your interests. It is not good for a President to break the law. Ignorance of the law is no excuse.
Mr President, the ID also notes some of your office's more positive efforts this year, such as your quarterly meetings with opposition parties and our celebration of national days together. This kind of engagement across party lines, which is evidence of a shared patriotism, is long overdue.
However, I differ with your view and that of hon Ramatlhodi that our Constitution is not under threat. You need only look at all the Constitutional Court judgments against this government. Then you will see that you are wrong. That is what I base my statement on when I say that the Constitution is under threat.
These judgments prove the point that the Constitution has become more democratic than some of its drafters - I say "some", because I am one of the drafters. The ID will continue to defend our Constitution and we will put our faith in the independence of our judiciary, which has shown that it will not fail to act on any excesses of government.
Equally worrying is your government's complete lack of understanding of ethical governance, as enshrined in our Constitution. The number of times we have heard leaders say that all these unethical and corrupt practices are not illegal - that nobody is breaking the law - is becoming countless, too many to count. For example, there is Chancellor House, Petro SA, and many others.
What we must remember, Mr President, is that the struggle was not about overcoming apartheid and apartheid laws only. It was also about building a strong, ethical and value-based society where leaders put the people first, before their own pockets.
Finally, Mr President, you must please ensure that the R1,1 billion set aside for the National Development Agency for the next three years is used to improve the lives of our young people. The ID supports the budget and it also supports the proposal that a portfolio committee be established next year that can monitor the expenditure of the budget.
Mr Speaker, on a point of order: Why are there no women speakers in this Parliament speaking today Of the first 10 speakers, I'm the first woman speaker. If you look at the next 20 speakers, there are two or three women. We don't just want more dresses in this Parliament; we want more women speakers. Thank you. [Applause.?
The SPEAKER: Order! Order, hon members! I would like to thank the hon Patricia de Lille and apologise for being a male speaker, but that wasn't my decision. [Laughter.
Trevor Manuel, the Minister in the Presidency.
The MINISTER IN THE PRESIDENCY - NATIONAL PLANNING COMMISSION: Thank you very much, Mr Speaker. Mr Speaker, His Excellency President Zuma, the hon Deputy President Kgalema Motlanthe, hon Ministers, Deputy Ministers, hon members, ladies and gentlemen, the National Planning Commission held its inaugural meeting on Monday and Tuesday this week, as the President has already shared with us.
It has taken us a long time to get to this point, a process that started with our appointment as Ministers last May. In my first Budget Vote speech last year, I outlined the need for a planning commission, what a planning commission could do, what role it could play in the policy arena and how it could contribute towards both better planning and greater coherence in government.
In August, we brought to this House a draft Green Paper on National Strategic Planning. Following an extensive debate - it should have been shorter, but the hon Trollip participated - and public consultation process, we released a revised Green Paper in January this year.
Hon Speaker, through this process, we have arrived at a consensus on the nature and type of planning commission we seek, on the role of the commission, on the type of commissioners and, broadly, on the areas that the planning commission would cover. Allow me to summarise what we have agreed to.
We have established a National Planning Commission, in the first instance, to attempt to produce a unifying vision and strategic plan for the country that has broad buy-in across all sectors of society and yet retains the ability to confront the critical trade-offs and challenges we face over the next 20 years. The work of the Planning Commission is meant to sharpen the focus of government, to use a long-term lens to obtain greater policy coherence in government, to independently and critically appraise our policies and conduct in-depth research on how best we can achieve our objectives.
We have chosen a commission of external commissioners, comprising, largely, experts tasked with advising government on issues relating to the long-term development trajectory of the country.
In January this year, President Zuma invited the public to nominate people to the National Planning Commission. We received an overwhelming response with 1 280 nominees. The calibre of the people nominated was exceptionally high. Clearly, the opportunity to participate in so great a calling saw the nomination of some of our country's best minds.
Besides the fact that there are hundreds of very skilled and experienced South Africans, the nomination process also showed the willingness of these smart and skilled South Africans to play a role in shaping our collective future. I would like to thank every person who allowed him- or herself to be nominated. The sheer scale and quality presented the President with the daunting challenge of selecting just a few.
Mr Speaker, I do hope that we can still make a call on the skills and acumen of those who were nominated but not appointed to the National Planning Commission to play a role as we call on their skills.
After careful consideration of the list of nominees and the expertise required on the commission, the President announced the names of 25 commissioners on 30 April 2010. Amongst the 25 is Mr Cyril Ramaphosa, who has been appointed as deputy chairperson, and who brings knowledge and experience to the commission that has helped shape the trade-union movement, our Constitution, this Parliament, the business sector and NGOs.
Now, I know that there is some strange behaviour among some journalists. They keep asking why there are so few this, or so many that. It's a strange question indeed. I'm reminded by their behaviour of what happened in July 1991 when the ANC held its first conference inside the country. Newspapers would publish a kind of league table: "Arnold Stofile, Xhosa, noncommunist", made the narrow national list. [Laughter.] "Jeff Radebe, Zulu, definitely a communist". [Laughter.] And this is how they carried on, and then they got to Pallo Jordan and said, "ons weet nie". [we don't know.] [Laughter.] So, I just want to plead that we move beyond such perverse behaviour. I'm glad that the entire commission thinks of that kind of behaviour by journalists as completely perverse and voyeuristic.
The participation of commissioners and the quality of discussions at our first meeting this week confirmed unequivocally that we not only have amongst the nation's top experts in a variety of disciplines, but that we also have a single team of highly motivated people of the highest integrity who want to operate together as a single commission, regardless of who nominated them. All share a common commitment to seeing South Africa become a better place in the future, a country that we will increasingly be proud of as a place where we want our children to live and thrive.
In welcoming the commissioners yesterday, the President pledged the full support of Cabinet and the Presidency for the work of the commission, as he did again this afternoon. I'd like to lift some of the issues that he raised there. He said, firstly, that the mandate of the commission needs "to take a broad, crosscutting, independent and critical view of South Africa, to help define the South Africa we seek to achieve in 20 years' time and to map out a path to achieve those objectives".
Secondly, he said that "the National Planning Commission will revitalise the work of government. By drawing on the best available expertise, the commission will be able to identify and confront challenges head-on." In other words, we are not looking at a commission that must be apologetic to government or that must try to be loved by government. We are looking at a commission that is going to deal with issues very frankly: not seeking favours from government, he said, but seeking to help this country and its people.
He said, thirdly, that "Government has often taken a sectoral and short-term view that has hampered development. Taking a long-term and independent view will add impetus, focus and coherence to our work." And, we believe, that it is better done by the compatriot South Africans from the intelligentsia who are not going to be guessing or shouting slogans, but who are going to be saying that this is how it should be done scientifically, and therefore help government to do things differently.
Fourthly, he said, "This will no doubt lead to an improved performance in government. By involving wider society in its work, it will rally the nation around a common vision."
Then the President said that the establishment of the National Planning Commission "is our promise to the people of South Africa that we are building a state that will grow the economy, reduce poverty and improve the quality of life of our citizens".
One of the challenges, colleagues, that you are faced with, he said, is that South Africa is divided into two: extreme poverty on one side and extreme richness on the other. The gap is too big. How do you bring this together How do you harmonise If it remains where it is, we will not be free of problems. Problems will continue, he said?
He said, finally, in that regard that he wanted to state that the National Planning Commission had the full support of the executive. He said that the National Planning Commission must do things properly, without fear or favour. He said: We will support you on that, even if you disagree with government, because we will know that you are not doing it from any subjective point of view.
I think that as the National Planning Commission we are immensely honoured, humbled and privileged to be given such a broad mandate and such strong encouragement at the point where we start our work.
I also want to say this afternoon, Mr Speaker, that it is a measure of brave and bold leadership to give such an enthusiastic mandate to a grouping outside of Cabinet. So, Mr President, on behalf of the entire National Planning Commission, I have the task of thanking you for that support. It will make a difference. We know that the NPC will drive change, and sometimes we will be quite unloved by our colleagues in Cabinet, but that is part of what the commissioners accept as their remit.
The commissioners were at one in saying that Parliament should play a role in facilitating dialogue both on the vision and on the national plan. Drawing on the positive role played by Parliament in getting consensus around the Green Paper, we are of the view that Parliament is suitably placed to bring together diverse views from all walks of society to enrich the work of the commission and of the government in general. I will engage with you, Mr Speaker, and with the Chairperson of the NCOP to explore ways of facilitating this process on a permanent basis.
Our intention, as the commission, is to produce a draft vision and a national plan for Cabinet within 18 months, hon De Zille, I mean, De Lille. Sorry, dyslexia gets me sometimes. [Laughter.] That is the first objective that I have in my strategic plan: to produce a draft vision and a national plan for Cabinet within 18 months. We will also produce reports on crosscutting issues that have an impact on our long-term development. We will also respond to specific requests from Cabinet from time to time.
At an administrative level, we are in the process of developing the capacity to support the work of the commission. We are building a small, professional and capable secretariat that will add value to both the work of the commission and to the Office of the Presidency in general.
We should remind ourselves that in trying to do better, in working differently, we have two new Ministers in the Presidency. My colleague Minister Chabane, who is tasked with Performance Monitoring and Evaluation, has an enormous task. I think that the 15 minutes given to him this afternoon is quite inadequate. Parliament must engage with the issues. And then there is me. At both the ministerial level and at the level of the secretariat, we are working closely with the Ministry and Department of Performance Monitoring and Evaluation. Our work is interconnected in several respects.
We will support their work in shaping priorities, in developing indicators and in producing evidence of what is working and what is not working and, similarly, they will support our work through the role that they play in developing outcomes, performance agreements and delivery agreements.
In conclusion, hon Speaker, I would like to thank both the President and the Deputy President for the support that they have given us in our work over the past year. We know that once we get into the nuts and bolts of our work, we will call on their support and inspiration more frequently. I also wish to thank the staff in the Ministry and in the Presidency for the hard work that they do in making our country a better place. Thank you very much. [Applause.
The SPEAKER: Order! I would like to thank the hon Minister. I also thank him especially for giving part of his time to the other Minister, responsible for performance monitoring. I also want to say that the 15 minutes given to him is more than adequate. [Laughter.
Mr B H HOLOMISA: Mr Speaker, hon President, hon Deputy President, and hon members, the UDM supports Vote No 1. [Applause.] My address today will focus on the proposed National Planning Commission.
In 1999 we handed in, in this House, to the then President of the Republic, a UDM policy document titled, The challenge of our time: Government must do more.
There is no consensus on a macroeconomic policy that can transform the economy in a manner that could create and spread wealth wider and improve the lot of the disadvantaged majority.
In the same policy document we argued strongly for the need to convene an economic indaba from which the nation could emerge with a coherent economic vision shared by all, as we did in the '90s, to find a political solution for this country.
The work of the National Planning Commission, as well as the public debate initiative of the Minister of Economic Development, would be more effective if they were guided by the resolutions taken by the nation at the suggested economic indaba. We should not put the cart before the horse. The National Planning Commission and other economic initiatives by government need to draw their terms of reference from the suggested economic indaba, otherwise we are likely to waste another three or four years on a talk-shop.
Indeed, following the economic indaba the National Planning Commission's first order of business should be to conduct a proper audit of our resources and to manage it for future generations; not the current situation in which there seems to be a free-for-all of looting of state resources, such as the Chancellor House-Eskom deal and similar schemes.
What we need is the political will to finish the transition that was started at the Convention for a Democratic South Africa, Codesa. Indeed, this government has had a mandate, since 1994, to find a policy consensus on the burning economic issues of unemployment and poverty. Instead, that mandate has been dodged in order to maintain a status quo in which one third of the adult population is unemployed and the vast majority of people own less than a quarter of the land.
At the envisaged economic indaba, we could ask questions about, for example, the extent to which some of the sunset clauses have become an impediment to the economic advancement of the majority. For how long, Mr President, will the millions who live in the desolate former Bantustans and townships that were the dumping grounds of apartheid, accept their lot?
As long as we fail as a country to acknowledge this main cause of conflict in this country, namely an economic policy that fails to include all South Africans, we are heading for a major disaster. Already, the signs of civil uprising are visible in many communities.
A transformed economic order will give impetus to other social and educational programmes that are designed to truly integrate our society and create a new democratic South African ethos.
Finally, Mr President, I agree with you: The growing culture of anarchy and violence in this country is a matter of grave concern. The rights to public protest and industrial action are freedoms that we cherish. They include the right to publicly protest about the lack of service delivery, which is why we should not allow these freedoms to be abused.
It is becoming commonplace for public marches to be characterised by death threats, malicious damage to private and government property and the assault of people. Hundreds of millions of rands' worthy of damage have been caused by arsonists burning down trains, buses, councillor homes and even libraries. We need decisive leadership to counter this, but it must be coupled with greater responsiveness from government.
The SPEAKER: Hon member, your time has expired.
Mr B H HOLOMISA: Freedom without control is not real freedom. Thank you. [Applause.
The DEPUTY MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Mr Speaker, many South Africans experience uncertainty with regard to the future of this country. Julius Malema, Eugène TerreBlanche and confusing statements about land and nationalisation have contributed to this uncertainty.
Uncertainty always has negative consequences. Uncertainty makes for businesses not investing in the economy. Uncertainty makes for farmers not expanding their farming activities, and thus not creating any new employment opportunities in rural areas. Uncertainty makes for some soccer tourists not coming to South Africa, etc.
How can this uncertainty be cleared away It can be cleared away through fewer populist propaganda statements, by the ANC and by others, about where South Africa is going. I'm tired of debates in this House, outside and in the media which are not based on facts, but on propaganda myths?
Let me give you some examples: It's a myth that "because whites created racism, blacks have no capacity to be racists". This is an ANC Youth League statement from the Sunday Times. This is a myth. I can show with many quotes that there are many good black people, many good white people, but also white racists and black racists. Those are the facts.
Another myth is that a large number of white people would be killed by black people on 27 April 2010. Nothing happened; that's a fact.
Yet another myth is that the nationalisation of land in South Africa will resolve poverty problems in the country. The fact is that a comparison between the performance of the economies of Zambia and Zimbabwe since 1994 proved that this myth is wrong. In the case of Zambia, where the government supported private property and successfully followed free-market reforms, the Gross Domestic Product more than tripled between 1994 and 2008. In Zimbabwe, where the policy of nationalisation had been followed, the economy had shrunk, over the same period, by approximately half of its size. Unemployment increased from 20% to 80% and life expectancy declined from 60 to 34 years. Those are the facts.
Die meeste beeste in Suid-Afrika word deur die boere self gesteel. Twak. Die polisie se feite weerlê dit. Verlede jaar is daar 33 000 beeste ter waarde van R255 miljoen gesteel. Nêrens was daar 'n aanduiding dat die boere dit steel nie, maar dit word uitgestuur buitetoe. (Translation of Afrikaans paragraph follows.
[The majority of cattle are stolen by the farmers themselves. Nonsense. The police's facts refute this. Last year, 33 000 cattle to the value of R255 million were stolen. Nowhere has there been an indication that the farmers were stealing it, but that is the message being sent out.
Many myths affect white and black people. In this way, there's currently a myth which is widely being circulated amongst white people that the ANC has a finely constructed plan to, when a signal is given, wipe out all the white people. This is not true, and it won't be that easy while I'm around.
Another fact is that the ANC membership was only officially opened to all races by the Morogoro gathering in Tanzania on 25 April 1969, and not, as some people say, long before that, etc, etc.
In uncertain times, the great enemy of the truth is very often not the deliberate lie, but the persuasive myth. According to the dictionary, a myth is a fictional story. John F Kennedy said that the belief in myths allows us the comfort of an opinion without the discomfort of thought. Maybe that is the reason why those with the most opinions often have the fewest facts.
The ANC often gives me the impression that, instead of altering their views to fit the facts, they alter the facts to fit their views and their myths. I can give you examples from Mr Malema and Mr Jimmy Manyi, especially on this.
Remember, facts do not cease to exist because they are ignored. If one wants to destroy South Africa, then this government, the President and this Parliament should take decisions based on propaganda myths and not on facts.
Hon President, it's time to put the real facts on the table. If we do this, we can take correct decisions that will benefit all South Africans. If not, we will continue with unending propaganda debates to the detriment of South Africa. I thank you. [Applause.
The MINISTER OF SCIENCE AND TECHNOLOGY: Chairperson, I want to say to the hon Mulder that the facts are that the ANC is a wonderful organisation. That's what you should have said. [Laughter.
Hon members, Mr Speaker, Mr President, Deputy President, you have to feel somewhat sad at the words of the hon De Lille. She correctly pointed out that poor legislation had been drafted from time to time, and that this had been thrown out by the Constitutional Court.
She then said that she would defend the Constitution, but it is this very Constitution that gave rise to the court that made the decision. That is a very peculiar defence. She must never be given a bow and arrow, because she will shoot at absolutely the wrong target. [Laughter.] [Applause.] She really is quite frightening.
Commentators and our protagonists in South Africa have developed the rather unfortunate and useless habit of personal attacks rather than coherent articulation of alternative vision and programmes. The incessant personal attacks on President Zuma and his government serve to expose this absence of any concrete plan that has the stature to challenge the vision and programmes placed before the nation and the world by the government led by President Zuma.
In the past week attempts have been made to suggest that our government lacks a vision, policy and practical programmes. Those who took the trouble to read our strategic plans and to follow the Budget Votes know that there are plans, there is implementation, and know that this is a government in action.
Furthermore, this government has a vision, one that is shaped by our nation. It is a vision first articulated by the liberation movements and those formations that actively participated in the struggle for freedom. Their aspirations for a free and democratic South Africa are set out in the Constitution of South Africa, which fully captures the kind of society we wish to build, fully articulates the principles that we believe should characterise and influence our society, and sets out the objectives that we should pursue as we implement our national and international obligations. Our vision is the promotion and full establishment of a united, nonracial, nonsexist, democratic society in which the inherent dignity of every person is honoured, respected, and upheld.
There appears to be confusion between vision and plans in current discourse. There are some who believe that the National Planning Commission will set out a never-before articulated vision in the strategy it will craft. While there is provision for a long-term plan that provides a view of the future South Africa, our vision is the Constitution. The commission will certainly incorporate the founding document of our democracy into their perspective.
Our country continues to be challenged by the need to strive for greater cohesion, stronger unity and a society in which all, irrespective of race, gender, religion, culture and political philosophy, contribute to creating a better society and an improved quality of life for all.
This aspiration is a complex challenge for South Africa, primarily because the dehumanising imprint of our racist past is extremely difficult to dislodge. The task would be easier to pursue if each one of us agreed that the creation of this new society depended on the contribution of every South African and not just on President Zuma, his government or the ANC. Each leader, as she speaks, strengthens or diminishes the values inherent in the Constitution. When we find a person accused and guilty even before they appear in court through our own finding, before there has been a judgment, we offend the Constitution. [Applause.
When we defend, in whatever manner, South Africans who promote racism, hate speech and violence we diminish our founding document. Each one of us contributes to its status or its diminishing by virtue of our actions and our words - each one of us, each one of us.
The ANC did not create the racism that led to the majority of the people of this country being the poorest, the least educated and the most vulnerable in our society. Thus, it is not their sole responsibility to devise solutions. Opposition parties, the media, the private sector and every individual have a role to play. Since all of us aspire for this new South Africa we have to ask ourselves each day: What have I contributed to this national agenda [Applause.?
In this regard, the creation of the National Planning Commission must be applauded and welcomed, and we support this aspect and all aspects of the budget of the Presidency. The Presidency, in appointing commissioners, has drawn in men and women - although I would say, Mr President, not enough women - from varied sectors and backgrounds, each of whom can make a significant contribution to the practical realisation of the society our Constitution aspires to.
Creating a nonracial society requires the very solutions and actions that our President has begun implementing. His attention to education, to the programmes in education, particularly his focus on quality and increased access to skills training and to higher education of quality, confirm his attention to the core issues that confront our societies. These interventions and programmes will benefit all schools, all learners and all involved in education and training.
Furthermore, the Presidency has reached out to all communities in our country in a genuine endeavour to strengthen inclusion and to ensure that all communities experience the impact of a caring and responsive government. Of course, much more needs to be done to cement nonracialism and to assure South Africans that all leaders care about all of them, and not just about sections of particular communities.
Nonracialism requires much more than inclusion. It means addressing inadequate employment opportunities and inadequate shelter, and ensuring improved health facilities and improved health status. Again, these are the priorities President Zuma addressed in his budget.
The Presidency has gone well beyond socioeconomic rights and has created the basis for the most vulnerable and neglected to be supported. The creation of the Rural Development department focuses attention on fellow citizens who are generally invisible to many of us today. These communities will have dedicated programmes and policies. We hope that this will lead to rural communities being treated with dignity and care.
A further aspect of response to our national vision of a better society is that of ensuring that the vulnerable in all race groups enjoy access to government services. This is why the President has devoted attention to meeting with communities from all the groups that make up our society to identify their needs with them, and to ensure that they know that this government is a government for all the people. No leader has been as active as the President in reaching out to all of us. [Applause.
Future success in building a nonracial culture and character in our society requires dedicated attention to all the policies and practices that have the potential to support success. This includes due attention to statements and actions by all leaders. All parties in this House claim allegiance to the Constitution. Thus, building a South Africa that reflects all its aspirations goes well beyond hostility to the ANC. All parties had the opportunity to express their perspective on our freedom at the recent Freedom Day celebrations. Sadly, some of the leaders - some, not all - failed to inspire, but the Presidency must be applauded for opening that space. [Applause.] We trust that parties will build on this example and ensure that in future they also practise inclusion.
A great deal is often said about the need to strengthen the organs of civil society in all sectors of social action. The Presidency has ensured a focus on traditional leadership, religious sectors and sector-based associations. Of course, this is not a new set of activities; it has been a feature of the work of Presidents Mandela, Mbeki, Motlanthe, and now President Zuma.
One of the most encouraging perspectives of South Africa is the evidence of progress that is being made in gender equity. The creation of the new Ministry of Women, Children and People with Disabilities will allow the Presidency to ensure co-ordinated and integrated responses to the promotion of increased gender equity. All of us know that more must be done to stop abuse and violence against women, but it is clear that the Presidency has begun the necessary commitment to resources for this vital obligation.
Of course, culture, religion and language are vital for achieving success in nation-building and in building a society that has shared values and practices. The horror that all South Africans expressed at the disgraceful, forced marriage of children in the Eastern Cape indicates that we are beginning to develop shared values, and that we endorse the vision of our Constitution that the practice of culture and religion must be accompanied by attention to equality and dignity for all.
All these positive responses of the Presidency and the work that is indicated in the budget documents that have been tabled for Parliament by the President, as well as the work carried out by the Deputy President and the Ministers in the Presidency, clearly indicate that there is a national vision in action and an unchallengeable commitment to giving effect to the ideals and aspirations that are at the heart of our country's national vision, our Constitution.
We believe, hon Speaker, that with support for this budget the Presidency will be able to concretely execute its work in ensuring that the Constitution of South Africa remains a living document that visibly and fundamentally alters the lives of the people of our country, so that our wish that all might have a better life is recognised under the leadership of President Zuma. I thank you. [Applause.
The SPEAKER: Order! I would like to thank the hon Minister of Science and Technology. Hon members, the proceedings of the House will be suspended for 15 minutes to allow for a comfort break. The bells will be rung to alert members to the resumption of business. Business suspended at 17:24 and resumed at 17:44.
The MINISTER IN THE PRESIDENCY - PERFORMANCE MONITORING AND EVALUATION AS WELL AS ADMINISTRATION IN THE PRESIDENCY: Thank you very much, hon Speaker.
Hon President, hon Deputy President, Ministers and Deputy Ministers, hon members, I'm tempted to do what the hon Ellis advised we should do in his speech on the debate of the budget of Parliament, to respond to some of the issues that have been raised by former speakers who came before me; and, secondly, to take note of the comments that were made by the Deputy Minister of Agriculture, Forestry and Fisheries in that we must deal with the facts.
I would like to correct the hon member Trollip, the Leader of the Opposition, who suggested that the Presidency did not table a strategic plan. I have with me, hon Trollip, I can give it to you, a letter sent by the Presidency to the Speaker to confirm our submission. I have with me, hon Trollip, I can give it to you [Laughter.] [Applause.] confirmation of the submission of the strategic plan of the Presidency tabled in this House. Those are records of this House, not records of the Presidency. [Interjections.
The President is both the head of state and the head of government. It is therefore important to understand the type of capacity and the support required to fulfil these two roles. We have in the past presented to this House the budget for the Government Communication and Information System, the GCIS, the International Marketing Council, the IMC, and the Media Development and Diversity Agency, the MDDA, which form part of our work.
It gives me a great pleasure to address you today on the occasion of the tabling of yet another budget of the Presidency and that of the Department for Performance Monitoring and Evaluation in the Presidency.
Hon members will notice that we refer to ourselves as a department rather than as a Ministry, as we have done previously. We have since proclaimed the Ministry as a department. The department does not yet have a Vote and is currently operating under the Vote of the Presidency, but we intend to address this matter in the budget adjustment process in October this year.
In June last year, we committed ourselves to a number of milestones that formed the basis for our budget. We said: "It is important to highlight that the birth of this Ministry was a deliberate response to the needs and aspirations of millions of South Africans who, through their ballots, gave us an opportunity to govern the country."
Since the last time we appeared before this House, we have been hard at work setting up and developing the monitoring and evaluation system for the executive and the Public Service.
Allow me to give you feedback on the commitments we have made.
We have developed a position paper titled Improving Government Performance: Our Approach, and presented it to this House in September last year.
We also undertook to develop 20 to 30 politically determined outcome indicators based on the five priorities of government by October 2009. These priorities are, to remind ourselves: rural development, basic education, health, safety and job creation. We have also placed additional emphasis on human settlements and local government.
In the course of developing the outcomes we decided to reduce the number to 12 for better strategic focus. These outcomes were developed and negotiated with the relevant departments for discussion by the Cabinet lekgotla held in February this year. As hon members might be aware, President Jacob Zuma announced on 30 April this year that he had signed performance agreements with Ministers.
The primary purpose of the performance agreements is to serve as a management tool and not as a punitive mechanism. The agreements enable the President to provide us with an indication of the key issues that he would want us to focus on and his expectations of our performance in this regard. The performance agreements commit us to working together with all spheres of government, to better achieve the outcomes.
In doing all this work, we moved with the required speed and caution to make sure that we delivered effectively and efficiently on our mandate. There are no benchmarks or references we could use, but we are pleased with what we have managed to achieve within such a short space of time.
I wish to say to all South Africans that we are mindful of the enormous responsibility which has been placed on us as a department and of the public expectations we have to meet. We are committed and determined to meet your expectations to the best of our ability. The changes we are bringing about will change how government works and give effect to our new way of doing things. It is an intense process, which will in the long term help us build and deliver a better life for all our people.
Hon members, while we have performed reasonably well in rolling out government programmes and initiatives since 1994, we acknowledge that the state has not performed as optimally as we desired. The service delivery protests we have witnessed in some parts of the country are an indication that a lot of work still needs to be done. The Performance Monitoring and Evaluation department in the Presidency has been established to improve government performance and monitor and evaluate the progress we are making.
The department is also meant to identify problem areas in the system and assist to unlock them to speed up delivery. We are also tasked with refocusing the work of government and ensuring that the limited resources we have are better used in priority areas to realise maximum value for investments made.
The identified outcomes were developed to increase the strategic focus of government and enable us to focus our attention on critical issues that require improvement. This does not mean that other activities of government are not important or will be neglected. For each of these outcomes, we have worked with the relevant departments to identify the outputs required to achieve the outcome, and to set targets and measurable indicators. These outputs and targets have also been included in the performance agreements between the President and the Ministers.
Together with their provincial and local government counterparts, departments are now engaged in the process of developing detailed delivery agreements for each outcome.
The delivery agreements will refine the outputs and targets and include action plans with clear roles and responsibilities of all the stakeholders for the outcomes to be achieved. We have produced and distributed guidelines to drive the development of the agreements.
The development of the delivery agreements is being co-ordinated by existing government structures such as the Cabinet committees, Ministers meetings with provincial MECs and the clusters.
Where the delivery agreements involve more than one sphere of government, they will have the status of intergovernmental implementation protocols in terms of the Intergovernmental Relations Framework Act.
The President will also request premiers to enter into intergovernmental protocols with him, which will focus on outcomes areas that have major intergovernmental implications, for example health, basic education, local government and human settlements. These protocols will also provide a useful basis for the work of the President's Co-ordinating Council, the PCC, meetings which the President has occasionally with the Premiers.
We have set the target for the delivery agreements to be ready for presentation to the July Cabinet lekgotla. Once the delivery agreements have been finalised, the co-ordinating structures of government will then focus on monitoring and evaluating progress against the outcomes, outputs and targets. The structures will further facilitate the ironing out of bottlenecks and the integration of the activities of all affected stakeholders.
We will play a supporting role in all the co-ordinating structures. This is to ensure that the agenda remains focused on the delivery agreement and facilitates integration and links across the outcomes and with monitoring and evaluation. This work will be done by the team of outcome specialists, which my department is in the process of recruiting.
The monitoring of the delivery agreements will be on two levels: Firstly, broad overarching indicators will be tracked, for example life expectancy, maternal mortality, poverty levels, literacy rates, crime levels, etc. Secondly, we will monitor the contributory activities and the targets that we need to achieve.
Reports will be provided to the Cabinet committees every two months. In addition, administrative and expenditure information will be corroborated by information from various surveys, specialised studies and independent sources as far as possible. We look forward to a fruitful collaboration with civil society and academia in this regard.
As a department, we will also conduct our own monitoring and evaluation. Subsequent to Cabinet discussion, the programme of action will be updated and made public. The main purpose of these reports will be to provide Cabinet with an indication of the degree to which the outcomes are being achieved, based on objective analysis of evidence.
When monitoring and evaluation indicates that activities and outputs are not resulting in the desired outcomes as intended, this should result in adjustments to the activities and outputs. The results of our monitoring and evaluation work will therefore also be used to provide a feedback loop to annual reviews of the delivery agreements.
Lastly, government will also institutionalise formal evaluation processes. These are the longer term and in-depth studies that probe deeper into policy and delivery successes and failures. It is envisaged that this work will be done in conjunction with National Treasury and sector departments. My office will be releasing policy guidelines in this regard shortly.
In June this year my department will publish a new programme of action based on the outputs and targets for the 12 outcomes. This version will be improved as more detailed delivery agreements are finalised.
Following the approval of the position paper, development of the outcomes and signing of performance agreements, we are now in the process of recruitment. We have since appointed a Director-General, Dr Sean Phillips, who is present in the Chamber today, to oversee the establishment of the department to start the process of monitoring and evaluation.
As you are aware, the President established the Presidential Hotline last year to make government and the Presidency more accessible to the public, and to help deal with service delivery blockages. The hotline has experienced a high volume of calls from citizens who are determined to communicate with government. Many issues have been resolved, but not with the speed we desire.
The President has decided to place the hotline under my office as a performance monitoring and evaluation tool to assess the performance of government against the citizens' needs. We are in the process of evaluating its performance and introducing interventions to make it more efficient and for it to respond effectively to the public's needs. The information collected by the hotline gives us an indication of whether services are reaching our people and how efficient we are as government at reaching our people. I also wish to assure all those who have contacted the hotline that their concerns are taken seriously and, in some areas, issues raised are being incorporated into government plans.
The service delivery protests also highlight our inability to effectively communicate with our people. The President has led from the front and visited a number of communities, as he said earlier. Government is embarking on a public-participation campaign, co-ordinated by the GCIS, to report to citizens on what plans they have for development in their respective areas.
To ensure that the Presidency is effective and efficient in its work, we have restructured the Presidency to respond to the current challenges we face. With the establishment of the National Planning Commission and the performance monitoring and evaluation functions, the Policy Co-ordination and Advisory Services was disestablished. However, all PCAS functions were retained in the Presidency.
The planning function is now under the National Planning Commission, and monitoring and evaluation under the Performance Monitoring and Evaluation Department. The policy support, analysis and advice capacity has been moved to strengthen the Cabinet office.
Another critical component of our work is youth development through the National Youth Development Agency, the NYDA. The NYDA has, in its strategy, adopted key performance areas, amongst others, economic participation, education and skills development, information services and communications and national youth service.
The key performance areas now serve as a guideline as the National Youth Development Agency tackles young people's challenges, particularly of those based in the rural areas and those with disabilities. This will be achieved through supporting self-employment initiatives, linking young people to job opportunities, referring them to the relevant organisations and offering free career guidance at its youth centres.
In his state of the nation address, President Zuma called on the NYDA to establish its structures throughout the country. The NYDA seeks to have structures in provinces and in all 283 municipalities in the next three years so that its accessibility, especially in the most rural communities, can be improved. In the next three months offices in Welkom, Tzaneen and Richards Bay will be established.
In its strategy for the economic participation of young people, the NYDA has since its establishment disbursed over 7 500 microfinance loans to the value of R23 million and R3 million small and medium enterprise loans. A total of 4 224 Business Consultancy Services Vouchers were issued to the value of R33 million. [Applause.] Over 16 000 young people were also engaged under the National Youth Service Programme.
In view of the funding challenges for 2010-11, the NYDA had to revise its targets. For 2010-11 MTEF submission, the NYDA was allocated R369,973 million. Youth unemployment is very high. We need a co-ordinated effort by all stakeholders to deal with this matter. The budget allocated to the NYDA is inadequate. If this institution is to fulfil its mandate, more resources need to be allocated to it.
However, the NYDA recognises that not all its funding should come from the government. As such, the organisation has made strides by entering into partnerships with some of the country's smallest and biggest organisations, both public and private, for youth development purposes.
Turning to the budget, the Presidency received an amount of...
The SPEAKER: Hon member, your time has expired. [Interjections.
The MINISTER IN THE PRESIDENCY - PERFORMANCE MONITORING AND EVALUATION AS WELL AS ADMINISTRATION IN THE PRESIDENCY: Thank you very much. My time was taken up by the hon Trollip. [Laughter.] [Applause.
Ms M SMUTS: Mr Speaker, I have not debated with the hon Collins since we negotiated the Bill of Rights, but I am not going to respond to him as my preceding speaker. I am going to talk about something closer to our old portfolio than his new one, and I wish to address my hon President.
Sir, I said in the state of the nation address last June that the hon President's choice of a Chief Justice would be the single most important act of his Presidency. I also suggested that there was a natural successor. He assured me most courteously in reply that he would make a good choice, and I think that it is only right that I should acknowledge that he has, indeed, made not only a good, but a great choice. We look forward to the modernisation of an administratively independent judicial branch under the leadership of the Chief Justice, and also to the modernisation of our civil justice system.
However, sir, the exact opposite has occurred at the prosecuting authority. There, the hon President's startling choice for National Director of Public Prosecutions, the NDPP, has, within months, caused a crisis at that institution, and it is obvious, but perhaps it needs saying, that the independent courts cannot play their part in dispensing, specifically, criminal justice if criminal prosecution is compromised.
Mnr, die fragmentering en die gevolglike neutralisering van die Vervolgingsgesag lyk na 'n kru quid pro quo vir die vestiging van institusioneel onafhanklike howe. En die agb President het hier 'n direkte verantwoordelikheid. (Translation of Afrikaans paragraph follows.
[Sir, the fragmentation and subsequent neutralisation of the Prosecuting Authority appears to be a crude quid pro quo for the establishment of institutionally independent courts. And the hon President has a direct responsibility in this regard.
It was only last Wednesday that the hon Justice Minister said in his budget speech that the key pillars in the fight against crime and corruption remain the specialised units - plural - that fall under the National Prosecuting Authority, the NPA. He was formally reporting back to us after we had revealed the Simelane plan to him a week earlier, to his visible surprise in the committee. The hon Minister then rode off and rescued the Asset Forfeiture Unit, AFU, perhaps placating the public via the media where the AFU has built up a profile for itself.
Maar ons oud-kollega mnr Willie Hofmeyr is maar die kleinboetie van adv Chris Jordaan, u weet. Dit is adv Jordaan wat die kommersiële skurke vastrek en laat sit, met 3 000 sake per jaar teenoor Willie se 300 per jaar, R112 miljoen aan uitbetalings aan slagoffers teenoor Willie se R29 miljoen, en 'n syfer van 94% skuldigbevindings teenoor 63%. (Translation of Afrikaans paragraph follows.
[But our former colleague Mr Willie Hofmeyr is but a smaller-scale version of adv Chris Jordaan, you know. It is adv Jordaan who tracks down criminals and throws them into jail, with his 3 000 cases per year against Willie's 300, his R112 million pay-outs to victims compared to Willie's R29 million, and a conviction rate of 94% as against 63%.
Why was no one told, hon President, that while the hon Minister was meeting Adv Simelane the Specialised Commercial Crimes Unit, the SCCU, had already been disbanded That is, despite a spectacular success rate in the notoriously difficult business of securing convictions for commercial crime. A figure of 94% is nothing unusual for that unit?
On the day before the ministerial meeting, the Public Servants Association, the PSA, reported that the NPA had told it that the SCCU was being restructured because its head was retiring. Adv Jordaan is not retiring. And to the hon Minister who is now not with us at the moment, I must say that the executive "final responsibility" demonstrably does not work, contrary to what he somewhat smugly asserted in a debate last Wednesday.
But it is you, sir the hon President, that I am addressing, because the special directorates, Sir, are your responsibility. The buck stops literally with you. The special directorates are created by presidential proclamation. The relevant sections of the National Prosecuting Authority Act are 13, 14 and 24(3). The SCCU's head and its 200 staff members were recruited and appointed to specific positions in that directorate because of their skills. Sir, you would have to revoke the presidential proclamation before they can be demoted or redeployed.
Now, did you know, or agree to this And we would like an answer; the question is not rhetorical. If you did not, then Adv Simelane is in defiance of presidential orders. That is bad. Sir, if you did know, that is worse! And here is why: Equality before the law will be a dead letter if you allow the NDPP to close down our best corruption busters. Mr President, it is an act so irrational that we have to ask if the SCCU is just too good for the ANC and its cronies' comfort?
Dit lyk vir ons na 'n vorm van vrywaring van vervolging van vriende. [To us it looks like a form of indemnity from prosecution for friends.
And selective justice, sir, is no justice at all. [Applause.
The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Hon Speaker, hon President, hon Deputy President, hon Ministers, Members of Parliament, the ANC supports the Vote of the Presidency as it is an enabler for the Presidency to provide political leadership of this country domestically and in international community engagements.
At the 52nd conference in Polokwane, we as the ANC, noting that the situation in the world continued to change drastically in recent years and that more people than ever before live in democratic communities, we proclaimed that a just world and a better Africa was a possibility. This conviction continues to guide us as we work hard for a better Africa and a peaceful world. Through your leadership, Mr President, we remain united around your call for all of us to do work differently.
One of the responsibilities that we have not only committed ourselves to but also internalised as an obligation to achieve is pursuing African advancement through the fast-tracking of regional integration by strengthening the African Peer Review Mechanism, the APRM, and advocating for the democratisation of and equity in institutions and systems of global economic governance.
With in this commitment, we uphold our international relations policy which advocates pushing back the frontiers of poverty and underdevelopment in South Africa and Africa based on the continental, economic and development plan, the New Partnership for Africa's Development, Nepad. This commitment also includes creating peace and pursuing peaceful resolutions to conflicts; contributing to peace efforts in Africa and in the world; building and consolidating strategic partnerships to advance the country's developmental agenda; building and reforming African continental institutions; and continuing to exert influence on global, political and economic issues.
We played a critical role in the creation of Nepad and we hosted its secretariat as we understood that working for Africa's advancement meant taking responsibilities and working to implement them. Nepad is the African Union's programme of action at a practical level to intensify the struggle against poverty and underdevelopment, founded on the principles of accountability, ownership and partnership.
It is the main frame of reference for intra-African relations and Africa's partnership with international partners, such as the European Union Strategic Partnership; the Forum for Africa-China Co-operation; the Group of Seven most industrialised nations plus Russia, commonly known as the G8; the New Asian-African Strategic Partnership; and the Organisation for Economic Co-operation and Development, commonly known as the OECD.
South Africa continues to play a role in the activities of Nepad. Under the leadership and guidance of our President, our voices were lifted in acknowledgement of all at the African Union Heads of State and Government Summit in Ethiopia in January this year to the effect that Nepad should be strengthened to live up to the realisation of its founding mandate.
Of course, it takes visionary and responsible leadership to contribute in steering the continent away from poverty and underdevelopment and to economic growth and development. As we discuss and celebrate Africa's advancement, we should never forget where we come from, lest we undermine the reality that it takes unity and co-operation derived from mutual respect for nations of the continent and the world to thrive.
A realist perspective expressed by some South African international relations policy analysts reflected that in the years before 1994, our "foreign relations" policy, as it was then referred to, focused primarily on Southern Africa and rested upon a combination of promoting economic interests, in the form of flows of South African exports and investments in the region, and on military destabilisation as part of the aggressive defence of apartheid.
We say thanks to the heroic leadership of our struggle whose views continue to guide us as we march on in the journey of Africa's advancement.
Africa is beyond bemoaning the past for its problems. The task of undoing that past is on the shoulders of African leaders themselves, with the support of those willing to join in a continental renewal. We have a new generation of leaders who know that Africa must take responsibility for its own destiny, that Africa will uplift itself only by its own efforts in partnership with those who wish her well.
As we march on in this journey of Africa's advancement, we will always remember that the road will not always be smooth, hence we also agree that we may have to do things differently to respond to each given situation in so far as our having to strive for implementation of agreements and treaties that we enter into, in measured speed, is concerned.
The words of our President in his address at the World Economic Conference in Tanzania recently confirms that, yes, Africa's advancement programme owes its roots to its own soil. He said, "Africa should start to use its own resources to get out of the trap of underdevelopment."
South Africa is one of those African states that played a leading role in ensuring that there had to be a voluntary instrument for member states of the AU to assist one another in working for the realisation of the objectives of Nepad, so that regional integration, political stability, and economic growth and development should be realised.
This voluntary instrument, founded in 2003, is called the African Peer Review Mechanism, the APRM. The APRM provides space for AU member states to assess one another as peers and to guide each other, so that we can say that it is each according to capability and each according to need. We share experience and reflect on those things that we would advise each other about in the areas of democracy and political governance, economic governance and management, corporate governance, and socioeconomic development.
About 30 AU member states have now acceded to this review mechanism. Twelve of them have been peer reviewed. In July later this year, Mauritius and Ethiopia will be peer reviewed. We will, accordingly, approach lead agencies for comment on the reports of these countries. The beauty of the African Peer Review Mechanism is that it is a country process. It is highly interactive and brings together civil society, government and business.
South Africa has acceded to the African Peer Review Mechanism, as we believe that it is a useful instrument in facilitating interstate engagements on issues of political stability, good governance and economic development.
We are amongst the first five states to be peer reviewed. We have since submitted our first accountability report, in January 2009, in which we shared with African Union member states our legislative and policy standards, as well as our accedence to the international treaties and conventions.
In successive reports to the first one, we will account to the extent to which we have succeeded in implementing these laws, policies and international instruments, leading up to a period when we will be ready for the second review. Our peers identified, advised and would like to see us reflect on what we are doing about some critical issues that are crosscutting in the four thematic areas of the APRM that I alluded to earlier.
Of course, our preparation to respond to these issues is at an advanced stage. We have been engaging APRM sectors in consultative sessions in all the provinces in the country. We have so far received inputs, broadly, on issues such as challenges to service delivery, the land reform issues, stakeholder participation, poverty and inequality, the fight against racism, anticorruption, violence against women and children, and HIV and Aids. We will receive further comments on xenophobia, diversity, affirmative action, cross-border movement of people, and black economic empowerment.
Regarding the matters for attention that I referred to as we respond to these crosscutting issues, our peers in the APRM believe that we have the capacity to deal with them. To the extent that some debates arise and some debates are, of course, informed by the fact that we need to clarify some of these issues, we consider this as a call for us to indicate how we are dealing with these matters.
They want us to indicate whether the debate in each suggests that there is a crisis, or if it is a function of democratic agility and the slow pace of positive advancement. South Africa will soon tell our consolidated stories on these issues when we submit our second APRM accountability report. It is waiting for the completion of one important chapter: the Fifa 2010 Soccer World Cup tournament that we are hosting. We definitely have to conclude this chapter so that the activities of the tournament will form part of the report when we then prepare it.
Having declared ourselves an activist Fourth Parliament of a democratic South Africa, it is expected of this honourable House to rise and be counted as one of the active participants in the writing of the second report of the APRM.
We are looking forward, without any doubt, to seeing Parliament in action, as was the case when we went through the country's self-assessment process and the writing of the country's self-assessment report in terms of the APRM in the period up until 2006.
Participating in the APRM processes is not only for APRM compliance. It is also a moment for self-reflection as it provides a mirror for reflection on our record of performance in the areas of democracy, political stability, economic growth and development.
This Parliament led by example at the conclusion of the self-assessment process when it appointed a team of experts to introspect its state of readiness as a people's Parliament.
Taking the cue from that leadership by Parliament, we are leading a project modelled around the self-reflection of the APRM, in order to introspect the Public Service with a view to defining an architecture of our Public Service ready to drive a developmental agenda.
We interpret the performance agreement that we signed with the hon President to be premised on this demand. May we, as we celebrate Africa Day this year, once more confirm that a just world and a better Africa is a possibility and that we will make it happen through our own efforts.
Ku nga va ku ri xihoxo lexikulu eka un'wana wa vatswari va mina eka swa tipolitiki, Nkul Pharephare Mothupi, loko a nga ndzi twa ndzi nyika nkanelo wa mina ndzi gimeta ndzi nga nghenisanga ririmi ra manana. Hikwalaho, ndzi rhandza ku gimeta nkanelo wa mina hi ku vula leswaku tiko ra hina ra Afrika Dzonga ri amukele ntwanano wa Nhlangano wa Matiko ya Misava eka ku kamakamana na vukungundzwana.
Hi endlile tano tanihi mfungho wo tiyimisela ku humelela eka mafumele lamanene emisaveni hinkwayo. Ha rona mpfhumba leri, hi ya emahlweni hi vurhangeri bya Presidente Zuma leswaku matiko hinkwawo ya misava ya fanele ya sayina ntwanano wo xopaxopana hi vuntangha bya matiko. Ku nga ri khale ha tshembha leswaku mhaka leyi yi ta fika emakumu.
Ku humelela ka matiko ya misava swi lawuriwa hi vuswikoti na ku tinyiketa ka wona eka ku tirhisana. A swi hi vuyiseli nchumu ku pfukelana matimba, ku tshwukiselana mahlo hambi ku vutlelana mimfumo handle ka ku hi vuyisela ntsena ngati, swirilo na vusweti. A hi swi papalateni. Tiko ra hina ri nghenerile ntwanano wo tirhisana na Nhlangano wa Ntirhisano hi swo Hluvukisa Ikhonomi.
Hi ku ya hi ntwanano lowu, hi yirisa vatirhelamfumo, hambi i vo hlawuriwa kumbe vo thoriwa, ku ba mati leswaku tingwenya ti etlela loko va tirha ematikweni ya le handle na loko va amukela vukorhokeri hi vatirhi vo huma ehandle. Ku endla tano i manyala ya vukungundzwana. Na wona ntwanano lowu wu katsa ku xopaxopana ka matiko hi vuntangha.
Loko ha ha ri eka mhaka leyi hi ri tiko, hi vika leswaku hi pfumerile ku kamberiwa hi tlhela hi endla leswi hi nga tsundzuxiwa swona. Hi ku ya hi ntwanano lowu wa OECD, hi kamberiwile ro sungula hi tintangha ta hina hi 2008. Sweswi ha ha ku kamberiwa ra vumbirhi laha tiko ra Slovenia na Amerika a va ri vona varhangeri eka vukambisisi lebyi. Xiviko xi ta huma ku nga ri khale.
Hinkwaswo leswi swi komba leswaku hi tiyimiserile ku tirhisana na matiko ya misava naswona varhangeri va hina va twisisa xidemokirasi. Hi ri ku dya hi ku engeta. [Va phokotela.] (Translation of Xitsonga paragraphs follows.
It would be a big mistake if one of my political mentors, Mr Pharephare Mothupi, heard me concluding my discussion without using my mother tongue. As a result, I would like to conclude my discussion by saying that our country, South Africa, has accepted the United Nations agreement to fight corruption.
We have done so as a sign of commitment to good governance in the whole world. Through this instrument, we surge forward under the leadership of President Zuma so that the entire international community can sign the African Peer Review Mechanism. It won't be long before this matter is finalised.
The success of the international community depends on its abilities and commitment to work together. There is no benefit in fighting each other, causing animosity or overthrowing governments which only result in bloodshed, crisis and poverty. Let us avoid this. Our country has entered into an agreement to work together with the Organisation for Economic Co-operation and Development.
According to the agreement, we forbid government officials, whether elected or appointed, to accept bribes when they work in foreign countries and when they receive services rendered by foreigners. To do that is a damning act of corruption. And this agreement also includes the review of countries by their peers.
While on this issue as a country, we report that we have acceded to be reviewed and to do what we have been advised. According to the OECD agreement, we were peer reviewed for the first time in 2008. Now we have just been peer reviewed for the second time, and Slovenia and America were the leaders in the review.
All of this shows that we are committed to working together with the international community and our leaders understand democracy. I rest my case, lest I not be afforded the opportunity in future. [Applause.
Rev K R J MESHOE: Hon Speaker, hon President, hon Deputy President, hon members, on behalf of the ACDP, it is my pleasure to dedicate my speech today to the "Fly the Flag" for South Africa campaign. [Interjections.
The SPEAKER: Order! Hon members, there is too much noise in the Chamber!
Rev K R J MESHOE: The ACDP hopes the World Cup will unite all people of our beautiful land, boost our image internationally, strengthen our tourism sector, and that the event will be incident free.
Having said that, I want to raise some concerns that the ACDP has. I have spoken to the National Commissioner twice, including on Friday last week, about increasing threats of xenophobic attacks against foreign nationals in our country.
While the National Commissioner assured me that the police will not allow the attacks to take place during the World Cup, no assurance was given that they would not take place afterwards.
Many foreign nationals who have been advised by locals to leave the country for their own safety have already left, while many, we are told, are planning to leave early next month before the games begin. I want to ask the President to please look into this serious matter and ensure that the 2008 xenophobic attacks are not repeated after the World Cup.
This morning, I received a phone call from Pastor Minambo of the Audacity of Faith Church in Tembisa. He called to tell me that he has been forced to get out of Tembisa, because he is a foreigner. The windows of his church building have been broken on several occasions to force him out.
Local police have advised him to leave for his own safety because they cannot protect him or his family. So, he has decided to leave Tembisa to look for a place where he would be welcomed as a foreigner.
Mr President, I believe this is totally unacceptable. If this sort of behaviour is allowed to continue and even servants of God are threatened with death just because they were not born in South Africa, then I believe that those perpetuating this evil will invite God's judgment on this nation for failing to protect the foreigners among us.
For the record, this Parliament must know, Mr President, that God places responsibility on government to protect foreigners among us.
What the ACDP would love to see after the World Cup is the return of spectators from all over the world, with their families, to our beautiful country, owing to the wonderful hospitality South Africans gave them.
Apart from the issue of security, our other concern is that of possible strikes that may take place during the World Cup. While our Constitution protects our people's right to strike, the ACDP is very concerned about the violence that often accompanies strikes in our country.
It is reported that informal traders are planning protests for being excluded from benefiting during the 2010 Fifa Soccer World Cup.
During the building of the Soccer City, we provided food to most of the workers; therefore we feel we are not part of the process.
The ACDP urges the President to use his influence to ensure that this impasse between informal traders and Fifa is resolved amicably very soon, so that this aggrieved group does not resort to violent strikes during the games.
Reports about a train transporting petrol and diesel that was derailed between Durban and Johannesburg in an apparent sabotage action by striking Transnet workers are worrying. Why did striking workers fiddle with railway lines, loosen railway plates to cause the train to derail, throw rocks at locomotives and set some locomotives alight?
Such actions, particularly after the recent Rovos Rail train derailment that led to many tourists being injured and three workers losing their lives, have the potential of our railways and trains being declared unsafe by both locals and potential tourists, and we cannot allow that to happen.
We believe government should have negotiated an arrangement with the unions, particularly Cosatu, in that there would be no strikes during the World Cup as most strikes in our country turn violent, as happened this week.
The ACDP believes that even though the World Cup is in 29 days' time, it is not yet too late, Mr President, to try to get a settlement before the kickoff. We believe that commitment from all the unions is necessary so that we can ensure that our participation and the people of South Africa make the 2010 Fifa Soccer World Cup the greatest ever. And we believe that together we can. Thank you.
The DEPUTY MINISTER OF SOCIAL DEVELOPMENT: Hon Speaker Mr Max Sisulu, hon President Mr Jacob Zuma, hon Deputy President Mr Kgalema Motlanthe, hon Ministers and Deputy Ministers, hon members, distinguished guests, ladies and gentlemen, a few days ago our fourth democratic government turned one year old. This reminds us of the journey we began in 1994, which was a result of a rich history and heritage from which we must learn, as we move forward to consolidate our democracy.
In moving ahead, we must follow in the footsteps of our forebears who, in the early 20th century, saw the need for unity in action to liberate all South Africans from the yoke of racist oppression. This need for unity inspired the formation of the ANC in 1912.
Since its inception, the ANC has pursued the principle of united action. Therefore, it forged unity with other progressive movements, in the spirit of solidarity, with other oppressed South Africans and with white compatriots committed to ending the scourge of apartheid. This formed the foundation of the dream of a nonracist and nonsexist society. It is around this dream that our people mobilised all sections of South African society to fight for freedom, human rights and dignity.
The history of our struggle teaches us that victory against any form of adversity requires the participation of multitudes of people and their organisations. In bringing all these actors together, the ANC built a national liberation movement guided by the value of unity, despite the diversity of the peoples and organisations in our society.
So, the ANC has experience in working with diverse communities. You can go back into its history. I want to name but a few of the pacts that have been signed: the Three Doctors' Pact, the Women's Charter, the Freedom Charter, the Women's March, the UDF, and so on. This is what has made the ANC strong and why the ANC has been able to come up with very strong, uncontested views that have been able to stand the test of time.
In this context, it is fitting to recall the words of the great pioneer and revolutionary Pixley ka Isaka Seme, who called on Africans to forget the differences of the past and unite together in one organisation. He said, "We are one people. These divisions, these jealousies, are the cause of all our woes today."
It is our view that Seme's guidance should find expression in the society we live in today and inspire us to work together in building a united, nonracial, nonsexist and prosperous South Africa. In this regard, we must build a new social movement, which will re-energise every citizen of our country - irrespective of race, gender, religion, age and irrespective of whether they reside in rural or urban areas - around the idea that the future and prosperity of our nation is in our hands.
Accordingly, let us strengthen a social compact between government and the all the people of South Africa, and ensure that we base it on progressive social values that seek to build our society rather than destroy it. Mr President, we need to follow your example in this regard, as you recently demonstrated when you reached out to the poor and working-class members of the Afrikaner community.
Mr M WATERS: Travel vouchers!
The DEPUTY MINISTER OF SOCIAL DEVELOPMENT: Travel vouchers, yes! You know what You have a big problem. [Interjections.] We have forgiven you, but you do not want to forget. You have forgotten what your great grandfathers did to us. [Interjections.] They maimed and killed our people. They committed all sorts of injustices, but you always come up with these things. [Applause.] We have forgiven you. You must learn to forgive. We have even been through the courts. [Interjections.?
The SPEAKER: Order! Hon members, order! [Interjections.
An HON MEMBER: doesn't justify your activities. [Interjections.
The DEPUTY MINISTER OF SOCIAL DEVELOPMENT: It doesn't...
The SPEAKER: Hon members, order!
The DEPUTY MINISTER OF SOCIAL DEVELOPMENT: Further, I want to emphasise that we need the concerted inclusion and participation of traditional leaders in all the platforms that seek to build our society, as they have been active agents historically in building unity in our communities.
Women must be at the forefront of championing these values. Having achieved a 50:50 quota of gender parity in government, we must now pursue policies and actions that will contribute to the full emancipation of women. The ANC has always championed the idea that women's rights are human rights, and I am very proud that we continue to live out this ideal.
The rights of women include our right to bodily integrity so that we can decide what to do with our own bodies and our own lives. These are the values of choice and substantive democratic practice that should shape our people and our institutions. I want to take this opportunity to call on all women in positions of power and influence not to rest on their laurels. We have a responsibility to continue the fight against all forms of discrimination, especially because of the positions we have been privileged enough to hold.
Towards the achievement of these values, the Presidency must take the lead in working with inclusive women's organisations, such as the Progressive Women's Movement, to address common challenges facing women regardless of their station in life. While we say, "A woman's place is not in the kitchen," as Ambassador Mthintso usually says, we must all know that there are women who still do not have a kitchen, and for us the struggle continues. [Applause.
Mr President, the existing partnership between government and business under your stewardship is commendable. However, there must be an understanding that the economy is still in the hands of a few South Africans, predominantly white males, and a growing but small black male elite.
It is now high time for a social compact that aims to transform the economy for the benefit of all South Africans. The so-called democratic dividend must be for all who work and live in South Africa. In terms of women's participation in the economy, we need to continue to open doors for women to do business, through providing access to skills, capital and preferential procurement processes.
The relationship between government and the workers must be nurtured consistently, given the role that workers play in the economy. We must continue to promote and protect the rights of workers. Of course, we expect them to exercise these rights responsibly.
Equally, we expect the leaders of companies to be responsible stewards of the economy, and to avoid the risk of sacrificing long-term growth and sustained job creation by succumbing to the type of greed which precipitated [Interjections.
The SPEAKER: Order! Order! Continue, hon member.
The DEPUTY MINISTER OF SOCIAL DEVELOPMENT: which precipitated the current global economic crisis.
Mr President, I take this opportunity to applaud labour, business and community-based organisations for their participation in the National Economic Development and Labour Council, Nedlac. We set up institutions like this to foster social dialogue, and to facilitate consensus on issues of social and economic policy.
United action requires the involvement of civil-society organisations. South Africa has a rich history of social activism buttressed by a vibrant civil society.
In the 1980s, with solidarity support from the international community, we created a state of dual power throughout black communities in which organisations such as Sached, the SA Committee on Higher Education Trust, the National Education Crisis Committee, the SA Council of Churches, the network of advice offices together with the Black Sash and various other civic movements provided alternative services and built people's institutions for people's power. Investment in strengthening this tradition will ensure that we emerge victorious against racism, sexism, poverty and underdevelopment.
In addition, we will further rely on the influence and space that faith-based organisations occupy in our society. These are organisations that must help us instil the values espoused in our Constitution. These values include human, civil and political rights as well as social, economic and cultural rights.
I can say proudly that, generally, faith-based organisations have been supportive of progressive policies that promote gender equality.
Ngalokho ngithi, Malibongwe! [On that I say, let it be praised!
Mr President, it is our task not only to build South Africa, but to build a collective South African and African identity. To do this, we need to move from so-called tolerance towards acceptance of progressive customs and traditions. I want to emphasise that many of the immutable values such as mutual respect, dignity and integrity are embedded in the cultures of most South Africans.
because that is how I communicate and relate to my ancestors. So, that is the understanding we are fighting for.
There was a point in our history when young African intellectuals emerged from mission schools to translate their education into practical scenarios that responded to the challenges of their times. That is what our country needs currently: an emergence of professionals and intellectuals that help us respond to the development needs of our country.
In this regard, we need to invite black intellectuals particularly to be part of the social discourse, and ensure that we accept original views regardless of race or gender. They must come up with fruitful views on how to take the country forward.
We need organic intellectuals who grow out of our communities and use those experiences to shape a better country for all citizens. Even in our universities, we need staff and students to broaden their horizons. They must never be concerned about how high-flown their ideas are, but rather how grounded those ideas are. [Applause.
In conclusion, I must emphasise that we need to build social capital as key to dealing with the challenges we face, and ultimately in creating a prosperous and caring society. I therefore commend and applaud the many NGOs, faith-based organisations, development agencies and academia, among other partners, who continue to work jointly with us to create a better life for all our people. They have realised that it is our collective responsibility to make South Africa a better place for all its citizens. Truly, working together we can do more. The ANC supports this Vote. [Applause.
Dr W G JAMES: Speaker, Mr President, Mr Deputy President, hon members, it is, of course, ironic that the two virgin Ministries whose purpose it is to enhance, through planning, monitoring and evaluation, the building of what Joel Netshitenzhe calls a "capable state" are themselves victim to the same logic that makes our state bureaucracy so slow and unresponsive. It took a full year to put the National Planning Commission together. The celebrated ministerial performance agreements were signed at the beginning of May this year, a full year since President Zuma assumed office.
Allow me to make a few points directed at Minister Collins Chabane's new Ministry. Firstly, a great deal was made of how the Zuma government desired to be moved by performance. [Interjections.] Yet, it is unclear [Interjections.] how the best people for the jobs at the highest level are to be appointed to ensure that things get done. The boundaries between excellence and mediocrity are, at best, shadowy, aggravated by executive vacillation.
Secondly, the principal vehicle of ministerial performance accountability, the performance agreements or contracts, have taken a full year to come to conclusion, as I've said. It turns out, too, that Ministers set their own targets, which, of course, defeats the purpose of the exercise. Those who desire little more than enjoying the comforts of office instead of experiencing the inner joy of a job well done may rest assured of the uninterrupted indulgence of the ministerial lifestyle.
Thirdly, President Jacob Zuma promised that Ministers who do not exert themselves would be shown the door. No-one has been shown the door, despite the fact that some are in no great hurry to get the job done. [Interjections.] Minister Collins Chabane once made the fatuous point...
The SPEAKER: Order, hon members!
Dr W G JAMES: Minister Collins Chabane once made the fatuous point that we would not be evaluating the individual Ministers but rather monitoring the system.
Fourthly, Minister Chabane does not set the best example in the very Ministry that should develop an impeccable record of probity and integrity. He has used his official credit card for personal purposes and has failed to respond to parliamentary questions - and he is not alone in this - showing disdain for the parliamentary oversight obligations that we have. It is one thing to praise discipline; it is quite another to submit oneself to it.
I will make two points now about the Ministry of the National Planning Commission, falling under the leadership of Minister Trevor Manuel. Firstly, it is that the National Planning Commission, NPC, is made up of individuals drawn from different sectors inside and outside of government and hired because they are experts in their fields. Planning in the 21st century requires expert knowledge in a mix of fields pertinent to our times. It is a concern that there are no world-class experts in geology, climate change, demography or security serving on the commission. Minister Manuel today promised that such experts are to be brought into the service of the NPC in its deliberations, and that is a very good thing.
Secondly, it is, of course, essential that the NPC does not become a victim of cadre deployment. Most of the members have current or historical ties with the ANC, either by way of government or by way of the political party.
The MINISTER IN THE PRESIDENCY - NATIONAL PLANNING COMMISSION (Mr T A Manuel): You are the exception! [Laughter.
Dr W G JAMES: This brings the independence and objectivity of the NPC and the integrity of its mission into doubt. It may, indeed, be a pious hope that the moral authority of Minister Manuel would successfully shield the NPC from political interference.
The argument is - and this is an argument we support - that we need two virgin Ministries to fix a broken government. Let's face the facts: This democratic government has done many good things since 1994, and we should salute the achievements. [Applause.] But you and, in fact, all of us do not know how to create sustainable jobs under globalisation. We do not know how to build enough houses, neither do we know how to build communities or undo the fragmented social aberrations - those dormitory suburbs - created under apartheid.
Our primary, secondary and tertiary education system has let us down and, frankly, I do not think we know what we are doing. [Interjections.] The poverty levels are our national shame. Inequality levels are as perverse as they are sickening. Children go to bed hungry, without food, a fact most painful to the heart of any parent or individual with a conscience. I recently visited an orphanage in Mbekweni in my hometown of Paarl, and the children there sang to me a song that they sing to fortify themselves when they are hungry at night. You do know that if you took the food thrown out by wasteful families and all the restaurants in this country, there would be enough of it to feed every South African, young and old. Thank you very much. [Time expired.] [Applause.
Prof B TUROK: Mr President, Mr Deputy President, I think the hon Manuel has it right: the ANC has a problem. It is a majority problem. We have too many people that support the ANC and too many people in this House - so we have a majority problem.
We don't have the problem of the UK. Do you know that in the UK - the country loved so much by the DA - in 80 years in the UK no party has won by more than 50% of the vote We have won 66%, so we have a problem. [Laughter.] [Applause.?
This is a problem we are now quite used to and we are going to manage it. Last Monday, I was invited by the Black Management Forum at the University of Cape Town to have a debate, and they gave me a very nice present today with my name on it. I have declared it. I am declaring it now. [Interjections.] [Laughter.
This debate was about the economic situation in South Africa and our policies. My opponent was a young MP from the DA. I will not mention her name because she is a nice lady and she spoke very well. It was a wonderful opportunity for us to engage on ideology and politics. What she did was to give me a lecture about DA values, and the values that she articulated were twofold: The first value was the role of the individual in society, a great emphasis on the individual; and the second value was the free market and how it will solve problems in our country.
I want to deal with those two. Let me deal with the role of the individual in society, as understood by the DA and my young friend from the DA. She said that the DA stands for open opportunity for all, that success is up to the individual and that people should be allowed to do things for themselves. Those are the three cardinal values about the individual.
Those people who read books and understand things will know that these values come from the classical liberal tradition, which is an important tradition from which the ANC has borrowed quite a lot. Her problem, however, is that the individual in our society is not a self-contained entity. We are all social beings. We live in society, and so when you articulate the open opportunity for individuals in society, please remember that the individual lives in society and is part of it.
Let me give you some examples. [Interjections.
The SPEAKER: Order, hon members! Please allow the speaker to be heard.
Prof B TUROK: We have a President and a Deputy President who did not have some of the advantages that some individuals on my left have had and, indeed, that I have had. They had no opportunity to become President and Deputy President automatically in the society that we had before 1994. Did they, in their lives, these two gentlemen, have an open opportunity - according to DA philosophy No! Was it up to the individual to make progress No! Were they allowed to do things for themselves No?
HON MEMBERS: No!
Prof B TUROK: That is why they became social actors as social beings. [Applause.] So, you see, we do appreciate merit. Let me say to you quite clearly that we respect the individual and we appreciate merit. Merit is important and, indeed, merit counts in the ANC. But the social structure counts for more, and this is what you fail to understand. [Interjections.
The fact of the matter is that these two gentlemen, the President and the Deputy President, arrived in their present positions because of the ANC. Without the ANC, maybe they would not have done that. They are social actors in a social context, and it's the society and the organisation that they belong to, including merit, that brought them to the positions that they hold at the moment. [Applause.
So, let me tell you that while the individual is important, the social context is more so. Now, does the ANC respect the individual Yes, but in a democratic sense. The individual is part of a political system in which democratic values are uppermost. This is why your constant harping about individual merit You know, when Helen Zille was here, sitting right there, she used to talk about merit, merit, merit. But we said to her that the apartheid system blocked merit, and so there was no opportunity for all?
And so "individuals", to quote you, were not allowed to do things for themselves. Indeed, I respect the liberal values of classical scholarship. I respect them, but you distort them. Classical liberal literature respects the individual, but pays attention to the society.
Let us take a man like Amartya Sen, a great philosopher who, in fact, won the Nobel Prize. What does he say Just listen carefully. He says: "Individual freedoms" - you're talking about freedom all the time - "can be seen to be a social commitment, and this requires the state to play an active role in advancing the subjective freedom of the people". So, there are two important ideas here: a social commitment, and the role of the state to play an active role?
Some of you may have heard of a gentleman called Plekhanov, a Marxist Russian philosopher. People on this side have read him. [Interjections.] He wrote a book which I have on my desk [Interjections.
The SPEAKER: Order, hon members! Order!
Prof B TUROK: I thought that would excite them, you know. [Laughter.] I really did. You know, let me confess: I deliberately used the word Marxism because I thought you would wake up. [Laughter.] [Applause.] I wasn't going to use Marxism because I knew this would excite you too much, but that's fine.
Let me say what Plekhanov says. He wrote the essay, The Role of the Individual in History, and he says the possibility of the outstanding individual to express himself and to achieve something is determined by the nature of that society. In other words, the outstanding individual, of which they are many on this side, will fulfil himself depending on the nature of the society. Let me say that the ANC stands for a fair society of overcoming the blockages of the past, of overcoming inequality, etc, etc.
Now, let me turn to my favourite subject, which is the free market of the DA. Yes, we were given a lecture at the University of Cape Town under the auspices of the Black Management Forum. It was a very good forum with a nice turnout. My colleague here will probably have something to say about it. So, what is this free market that will solve all our problems?
Let me remind you that South Africa was not built by a free market. Indeed, South Africa was built by powerful monopolies - gold mining, diamond mining, etc - who were working in collusion. And, indeed, the Competition Commission of today is telling us that that collusion continues. We do not have a free market in South Africa. Because the monopolies are so powerful and because they still control the commanding heights of the economy, the free-market ideology of the DA, therefore, is a little bit passé. Not only is it passé, but we see now [Interjections. Hang on, hang on! I am educating you [Interjections.
Prof B TUROK: They don't want to be educated. [Interjections.] [Applause.] I appeal to you, Speaker. You know, I am a professor and I am supposed to lecture you. [Laughter.] [Applause.] So, please allow me. [Interjections.] You know, what I would normally do in a classroom when the students misbehaved is throw chalk at them. [Laughter.] All I have here is a glass of water. [Laughter.] So, I don't want to do that because that would be unparliamentary.
We know that for several decades the free-market philosophy did win globally and, indeed, the whole world began to follow the free market. For several decades all our universities were teaching neoclassical economics, macroeconomic stabilisation, all that stuff. And, by the way, that was encouraged because the command economy of the Soviet Union and Eastern Europe failed. So, a climate was created in which the free market could flourish and the command economy was in trouble. [Interjections.
The SPEAKER: Order! Order!
Prof B TUROK: You know all that, okay. I will continue with the lecture, Part 2. [Laughter.] Now, what has happened, however, is that the mixed economies of China, India, Brazil and Korea have flourished, and indeed they are keeping the world economy afloat. [Interjections.] So, you see, the mixed economies have flourished and the free-market economies [Interjections.
The SPEAKER: Hon members, allow the speaker to be heard!
Prof B TUROK: That's fine, I am enjoying myself. [Laughter.] Speaker, allow them to yell. It's fine. Let me quote from the Financial Times of London. I have an article here which will astonish you free marketers. It says [Interjections.] Let me read it, please. [Interjections.] You're good students.
The SPEAKER: Order! Order! Order!
Prof B TUROK: It says, "Faith in free market blinded the IMF." It goes on to analyse the reasons for the international crisis, and it says [Interjections.] I can't read the whole thing If you give me your time, I will read it. It was this boundless faith in markets' self-regulatory capacity that appears to be at the root of the IMF's failure to detect problems.
You see, they were mesmerised, like you [Laughter.] by the international free-market philosophy, and so they couldn't see the crisis that was coming and so here we are. What do we say What do we say [Interjections.] We say ..?
Mr M J ELLIS: We say [Inaudible.
Prof B TUROK: Yes, okay. Keep talking, it's fine. [Interjections.] You know, I can't hear you because I am speaking louder than you. [Laughter.
Mr M J ELLIS: Mr Speaker...
Prof B TUROK: No, no. No questions. Sit down. Sit down. [Laughter.] No questions.
The SPEAKER: Yes, hon member.
Mr M J ELLIS: Mr Speaker, I simply want to know whether I can use a microphone to tell Mr Turok what we were saying [Laughter.?
The SPEAKER: Please take your seat, hon member. And turn off your microphone.
Prof B TUROK: So, what do we say To sum up, what do we say What does the ANC say and what does this government say Firstly, we say that the state must be deliberately interventionist. [Applause.] It must not dodge the issue. A government must govern and the state must intervene. [Interjections.] That is the lesson of the mixed economies of China, India, Brazil, etc. And so we say the state must intervene?
Mr M WATERS: Has it got the capacity?
Prof B TUROK: Oh, there is plenty of capacity. [Interjections.] You should have been at the lecture by Prof Ha-Joon Chang yesterday. You dodged that, although one or two of your people were there. He is a South Korean internationally famous economist and professor of economics at the University of Cambridge. He said to us: Why are you not using the capacity that you have in South Africa Compared to South Korea, when they began to develop, he said South Africa has far higher [Interjections.?
Prof B TUROK: Yes, cool it. Cool it. [Interjections.] [Laughter.] So, there is plenty of capability in South Africa. We can make nuclear weapons, so why can't we use that capability Is that a lack of capability You may not be able to do it, but we can do it. [Laughter.?
Secondly, with regard to deliberate intervention, we need to harness that capital, as Rob Davies and others were saying in terms of Ipap, the Industrial Policy Action Plan. We need to harness capital and push it to expand the productive base. And what I said to the students at the Black Management Forum debate at the University of Cape Town is, let's talk a little bit less about growing the economy and more about expanding the economy. [Interjections.
Mr M J ELLIS: Did they listen?
Prof B TUROK: They listened very well, and applauded, and gave me a present. So there! [Laughter.] [Interjections.
So, we say, harness capital, expand the productive base of South Africa. Let's become a manufacturing country par excellence. Let's export to the whole world. Why not [Applause.] And if you expand the industrial base, plenty of black entrepreneurs will get jobs, which leads me to my last point, procurement?
We need to ensure that there is a great deal of procurement so that black business can grow, and that is what I said to the Black Management Forum. Let us grow the economy - never mind about BEE deals at the top. Expand the economy at the bottom, and that will suck in black excellence, black experience, black enterprise, and so on.
That is the position of the ANC and the government, and I really feel sorry for you. Thank you. [Applause.
Mna L M MPHAHLELE: Seboledi, Mopresidente Nxamalala, Motlatša Mopresidente, Maloko a Palamente a hlomphegago, baeng ka moka, Mopresidente o boletše taba ye bohlokwa kudu. O boletše ka pholisi ya polelo. Ke a ipotšiša gore na mmušo o tla dira eng gore o hlabolle dipolelo ka moka tša Afrika Borwa. Ga bjale dipolelo tša rena ke dipolelo tša go kgabiša, e sego dipolelo tšeo go ithutwago ka tšona dithuto tše bohlokwa go swana le Dipalo, Kgwebo, Molao, Mahlale le tše dingwe.
Re le ba PAC re re go ka ba kaone ge, sa pele, re ka dira gore leleme la Afrika Borwa e be leleme la bobedi la kgapeletšo ge bana ba ithuta dikolong ka moka. Sa bobedi, re rata ge maswao a ditsela a ka ba ka leleme la Afrika Borwa leo le bolelwago tikolong yeo maswao a tla bego a beilwe go yona. Sa boraro, dikgwebo - go swana le dipanka le dikgwebo tšeo di dirago dillathekeng - di swanetše gore di diriše maleme a Afrika Borwa. Mohlala ka ga se ke Absa. Ge o fihla metšheneng ya Absa o a tseba gore o swanetše o tobetše kae le ge o sa tsebe sekgowa. Sa bone, dingwalwa tša maleme a Afrika Borwa di swanetše gore di ate. Go swanetše gape gore go be le difoka tšeo di tlago thopša ke batho bao ba ngwadilego ka maleme a Afrika Borwa. Tše ka moka ke nagana gore di tla buša botho bja rena. Ga bjale ga re tšewe bjalo ka batho ka lebaka la gore ge motho a bolela maleme a mangwe, batho ba mo tšea bjalo ka motho wa maemo. Eupša ge motho a bolela maleme a gaborena batho ga ba mo tšee bjalo ka motho. (Translation of Sepedi paragraphs follows.
Mr L M MPHAHLELE: Hon Speaker, President Nxamalala, Deputy President, hon Members of Parliament, distinguished guests, the President raised a very important issue, the language policy. I ask myself how government plans to develop all indigenous languages. Our languages are currently used unofficially and not as a medium of instruction for subjects such as Mathematics, Economics, Law, Science and others.
As the PAC, we would appreciate it if, firstly, it is made compulsory for learners in all schools to take one indigenous language as their first additional language. Secondly, we would also like to see road signs written in the indigenous language spoken in the particular area in which the sign is placed. Thirdly, institutions such as banks and cellphone companies must use indigenous languages. Absa is such an example. Absa's ATMs are user-friendly to everyone, including people who do not understand English. Fourthly, we need more literary work in indigenous languages. There must be awards for indigenous writers. I think all this will bring back our humanity. We are currently being taken for granted. When you speak some of the foreign languages, you are treated with dignity and respect, but when you speak one of the indigenous languages, you are not treated with the same dignity and respect.
Comrade President, the PAC family holds the view that the National Planning Commission must be afforded sufficient resources. This will enable the commission to travel throughout the world and learn from other countries, instead of relying solely on state institutions such as Statistics SA.
With South Africa fast becoming a serious player in the international arena, we can no longer rely on individuals' charm and charisma. We need institutional memory with regard to mediation, diplomacy, peace and international interventions. We need a well-resourced office that will champion the country's strategic international relations regardless of who is in power.
The highest office in the land should do some soul-searching in communication and public engagement. It seems the Presidency has been expanded without necessarily being strengthened. The failure by the President to declare his interests on time, in compliance with the law, clearly shows that there is no technocratic capacity in the highest office. Some of us who hold your office in high esteem were deeply embarrassed by this incompetence. What embarrassed us more was the discord of voices from the Presidency trying to justify a mistake. With this type of spokesperson, you need no enemy to tarnish your public image.
With regard to public engagement, the presidential hotline, 17737, is a good idea. But good ideas that are underfunded end up fading away. In conclusion, the PAC supports the Budget. [Time expired.] [Applause.
Ms L D MAZIBUKO: Mr Speaker, first of all, I would like to place on record that it was in fact me who the hon Turok was debating with at the University of Cape Town. [Laughter.] I have no problem with placing this on the record, because I think we both fought a good fight. [Interjections.
The SPEAKER: Hon members, order! Let the speaker be heard.
Ms L D MAZIBUKO: But, ultimately, I think it's important for me to clarify the position that he tried to infer was the DA's. It has always interested me how quick the ANC is to try and make it look like the DA policy is callous, uncaring and unfeeling, when there is plenty of evidence, both in our government and in our programmes of action, that it is not.
What we advocate, Prof Turok, is not a free market. We advocate a market which allows people to fulfil that potential by providing them with basic services, basic education, basic health care, transport, infrastructure - the means to start from a minimum basic level and then to make choices about what to do with their future. [Applause.] What is so wrong with that Why must the government be at the centre of everything If you are in business, government must decide how you make money. If you are one of the poorest of the poor, government must decide how and where services must be allocated to you. Why not give people the freedom to make these choices This is what the DA advocates, not the distortion he tried to put forward in this House. [Applause.?
Mr Speaker, hon President, earlier in today's debate the President announced that he would be launching the presidential national dialogue on a common national identity later this year. This follows the hon President's call earlier this year for a national debate on South Africa's morality. Now, as a liberal political organisation, the DA has always had an in-principle objection [Interjections.
The SPEAKER: Order! Order, hon members!
Ms L D MAZIBUKO: to the notion of the government seeking to direct or shape the morality and personal convictions of private citizens. We have voiced this objection on a number of occasions and at a number of platforms, the substance of the objection being that it contradicts the letter and the spirit of our Constitution, which guarantees our rights to hold views that are different from those of others and to express those views. The Constitution spells out the limitations on this freedom. They include such things as the advocacy of hatred and the incitement of imminent violence.
But to say that South Africans don't have a right to use their own culture to judge others, as President Zuma said in his speech to the House of Traditional Leaders - that it is unconstitutional to do so - is plainly wrong. The Constitution actually champions the rights of individuals to hold contrary views, and rightly so. Because where would we be today if we weren't able to hold contrary views, and debate those views?
The President uses the word "debate" in framing this forthcoming dialogue, and that word "debate" casts an innocuous shadow over the dialogue, making it seem like it's democratic and interactive. But if the ultimate goal is, as the President has previously stated, for us to reach "common understanding as South Africans", then the attempt is, in fact, to shape the consciousness of private citizens.
There is more than enough space in South Africa's democracy - amongst private citizenry, in churches, in schools, in taverns and in places of education - to allow our people endless opportunities to discuss questions of who we are as a nation. That space should be jealously guarded in a free and democratic society.
If the President were truly concerned about morality and nation-building, then he would apply his efforts to the moral and ethical decay within the government ranks that he leads, where Ministers live high on the hog using public money and those with political connections abuse them shamelessly for the sake of personal enrichment.
Take, for example, the scandal which erupted recently over the so-called investment arm of the ANC, Chancellor House, and its R5,8 -billion stake in an Eskom deal to build boilers for a new power station in Limpopo, a deal from which the ANC stands to make hundreds and hundreds of millions of rand, funnelled straight from the public purse into the coffers of the governing party.
Or, take the ANC Youth League president, Julius Malema, who has managed to secure R140 - million worth of contracts in his home province, using his political connections there. There are countless other examples, both high profile and not so high profile, which demonstrate the hon President's failure to address the moral and ethical rot of corruption in government.
Earlier the hon Pandor tried to suggest that we in the opposition lack concrete plans to differentiate ourselves from the ANC. Hon Pandor, I can tell you that in the Western Cape the DA has just gazetted draft legislation to prevent civil servants, members of the executive and their immediate families, from doing business with the provincial government. And, just last month, Premier Helen Zille passed amendments to the ministerial handbook, lowering the cap on the allocation for the purchase of new ministerial vehicles by over half.
We don't just criticise the ANC on these matters anymore; we are a party of government now. [Interjections.] We take steps, actively, to ensure that the vices of the governing party are not replicated in our own provincial government. [Applause.] We also want to demonstrate to the people of this country how easy it is, with good, decisive and principled leadership, to prevent graft and avarice from taking root and strangling the public purse.
The ANC would like South Africans to believe that it is very difficult and time-consuming to implement measures to curb things like waste and endemic corruption in the state. The DA is rolling back this perception and showing that the only thing the ANC lacks is the political will to do so. I thank you. [Applause.
Mr P S SIZANI: Hon Speaker, hon President Jacob Zuma, hon Deputy President Kgalema Motlanthe, director-general and your staff...
Ndabezitha, Mntwana kaPhindangene, nawo wonke amaKhosi akhona kuleNdlu [... Ndabezitha, Mntwana wakwa Phindangene, and all the traditional leaders who are present in this House...
hon members, distinguished guests, in 1974, I was a Student Christian Movement member. I was like this lady who was here now. [Interjections.] My friend asked me back then, "Comrade Stone, just assume we were colonised by the Arabs in South Africa, what religion would we have" Before I could answer, he said, "Oh, let's assume we were colonised by the Chinese. What religion would we have" In the end we agreed that we are Christians because we were colonised by Christians. And then he concluded, "So, you are imposing an accident of history on me.?
Now this lady, in her understanding of systems of governance and economy, has a view...
An HON MEMBER: Much better than you!
Mr P S SIZANI: Yes, of course, she may be. But remember this: In this country, more than 50% of its citizens in rural areas, under abject poverty [Interjections.
Mr P S SIZANI: And those people did not create that poverty. They were born into it, and they were kept under it, by brute force. [Interjections.] Now the ANC is called upon to undo that, and we are called upon to undo it in 15 years! When it was done over 300 years! [Interjections.] [Applause.
Hon President, when you put in place a Department of Rural Development and Land Reform, you specifically directed government to address this problem. However, there is no illusion in the ANC. Your freedom, which you call freedom, is not the same freedom as understood by those people. Because freedom of movement for capital means freedom of movement of your money all over the world, as long as you get the highest interest rates. [Interjections.] And freedom of movement for those suffering masses in the rural areas is physical movement, because they have no money. So we know we are addressing a huge problem.
When you talk about jobs, who is the giver of jobs Capital. [Interjections.] The Western Cape is a new phenomenon. This country has been divided under apartheid for many years. [Interjections.] The gentleman from the FF Plus who spoke here has said there are myths which are covering the truth. One truth is this choice story that you are talking about here?
The SPEAKER: Hon member, when you refer to members of the House, you refer to them as "hon members", not as "this lady" or "that gentleman". You should refer to them as "hon members".
Mr P S SIZANI: Thank you, Mr Speaker.
We have no illusions in the ANC. We have a clear understanding that to address poverty and provide decent jobs is a struggle. It is not a struggle only because of political will, but also because of mobilising resources to go to where the people are. Now these hon members on my left talk about choice. What choice The person who has money, has a choice to buy clothes, to buy houses, live where they want to live, broadcast their adverts to everybody. The people in the rural areas have no choice. They live there under duress, under grinding poverty. Now you come here and talk about choice, believing that choice is a phenomenon that is a reality for those people. We know that choice is not a choice for those people; it's a struggle?
Let me turn to the consequences of insecurity for those people. The deteriorating health situation that we find in the rural areas is caused by the absence of soil, on which they have been crammed in a reserve. This has caused soil erosion, and therefore they cannot plant food to feed themselves.
The hon President of our country is saying that 60% of the food that these people must have must come from their own labour, from their own land. But where is the land [Interjections.] Where is the land The land is in the hands of huge conglomerates and corporations in our country. That land is not producing food and that land is lying fallow?
And now you are telling us that they have a choice. We have a choice to make food for these people, and make sure that there is tenure. We are introducing a system in our government, through the ANC, to make sure that we are going to create a secure tenure system, to remove all these smash-and-grab tenure systems since 1652. [Applause.
For the first time in the history of this country there will be no more smash-and-grab tenure systems. There will be a regulated form of tenure in terms of which, whether you have money or not, you must have access to land, because land is a basic source of food, is a basic source of wealth, is a basic source of housing, is a basic source of security. [Applause.] There is no way that we can live for another 15 years and leave this country under this form of tenure that we have. We must make sure that the land is shared among those who work it. [Applause.
Comrade President, the hon Shilowa was here. [Interjections.] Maybe the Whip of Cope will report. With me here are photos of what has happened in Muyexe, Ward 7. Photos don't lie. If the hon Shilowa wanted to see, he would not have missed the 300 houses that have already been completed in Ward 7 under this pilot, where we are going to build a total of 350 houses for the people. All of them are still standing. They are built with facebrick, as are the houses in Sandton. [Interjections.
The hon Shilowa would not have missed the Thusong Centre in that ward if he wanted to see it. The hon Shilowa would not have missed the satellite police station in the same ward if he wanted to see it. In that ward there is a clinic that is open five days a week for eight hours a day. He could have seen it if he wanted to see it. The hon Shilowa would have met the 36 women that are planting and reaping vegetables. They are selling to Spar in Giyani and in Tzaneen. He would have seen that if he wanted to see it. There is fencing that is taking place in that ward, for 114 homestead gardens. If the hon Shilowa wanted to see it, he would have seen it. We are making the bare minimum in livable conditions for the people in that area to demonstrate that we can do this, and we are going to expand it throughout the country.
But the people in Muyexe have boreholes that are still functional. There are toilets where there were none before, that are built with facebrick. There were none there before. I wonder whether the hon Shilowa wanted to see this. If he really wanted to see this, he would have gone to Chief Muyexe, Kgoshi Muyexe. He is the chairperson of the council of stakeholders of that area, of the greater Giyani.
The hon Shilowa, if you did not want to speak to the kgoshi, at least you could have gone to the ward councillor of Ward 7. He would have taken you around to show you what I am talking about. I don't quite understand hon Shilowa coming here to Parliament. A leader of a political party visiting a rural area would at least ask my office in advance, "Can you prepare something I want to go to Muyexe, can you show me around" He did not happen to be in Muyexe. Maybe he didn't go. [Interjections.?
The ANC has undertaken to change the face of our rural villages and communities through comprehensive support programmes with proper monitoring mechanisms to ensure sustainable improvements in the livelihoods of the rural poor, the farmworkers, the farm dwellers and small farmers, especially women. Employment creation, quality jobs and sustainable livelihoods can only be a reality if we work in concretely identified labour-absorbing sectors, and invest resources accordingly. Structural weaknesses in the economy must be identified and addressed, building on the good work that has been done over the past 16 years. The commitment to create 4 million jobs by 2014 must be taken seriously, and all the sectors must make concrete commitments on what they can be doing in real terms.
The Portfolio Committee on Rural Development and Land Reform has visited a number of provinces. We have gone to KwaZulu-Natal and the Eastern Cape, and members from this side were part of the delegation. They have seen for themselves what is happening in Burgershowe, in Mlalazi, in Qumbu, in Tsolo. They may even visit Riemvasmaak to see for themselves that this Department of Rural Development and Land Reform has initiated programmes to make sure that the people will be able to take responsibility for their own livelihoods and sustainable life.
We must take practical steps to ensure that we change the face of our rural villages and communities. We must do it soon, through the provision of infrastructure development: water, electricity, roads, transport and economic activity.
Hon Speaker, the department has received a large sum of money, R860 million to be exact, to recapitalise all the parcels of land that have been given to people via restitution and the Land Redistribution and Agricultural Development programme, specifically to make sure that these communities are able to use the land to produce the food and look after themselves, and not wait for government to come and help them. What we require is that all the departments of the government crowd in around the initiatives that are taking place in the pilots.
The SPEAKER: Hon member, on that happy note, your time has expired. [Applause.] Hon member, your time has expired. Please go back to your seat. [Applause.
The SPEAKER: I now wish to invite the hon K J Dikobo, and wish to announce that this is the hon Dikobo's maiden speech. So, please listen attentively and please do not heckle or interrupt. [Applause.
Mr K J DIKOBO: Hon Speaker, hon President and Deputy President, hon members, guests, without characterising or commenting on how they were, we want to congratulate you, Mr President, on completing 100 days as head of state. We have noted the appointment of commissioners to the National Planning Commission and we wish to wish them well in the execution of their duties and mandate.
The idea of establishing the commission remains a good one. The functions of the commission are very clear and we hope that the commission will operate as a body independent from those who appointed the commissioners. We want to caution that there should not be a gap between policy and implementation.
Differently put, there is a need to ensure that monitoring of implementation takes place. Good policies on their own, Mr President, cannot and will not change the quality of life of our people. It is the implementation of those policies that will make a difference in their lives.
We were very excited, Mr President, when you announced that Ministers would enter into some form of performance contract. We are glad to hear that all of them have signed. To the Ministers we can only sing the wedding song, Go saena mo ga se morabaraba [Getting married is not a game]. But even more, we hope that the content of those contracts will be made public so that we can all know and understand what their key performance areas and expected outcomes are.
We have also noted with appreciation, Mr President, your comment on the progress in Zimbabwe, albeit very slow progress. As you and your team continue in your role to bring the parties together, please impress on all the role-players that the implementation of the Global Political Agreement is the only sensible way to go for Zimbabwe.
Our support for the role chosen by the people of Zimbabwe comes from our experience and knowledge that this model has succeeded in other countries: Burundi, Kenya and, to certain extent, the Democratic Republic of the Congo, the DRC. It also comes from our experience of how the other model has failed in Iraq, Afghanistan and Somalia. Azapo supports the Budget Vote. Thank you very much. [Applause.
Ms M N PHALISO: Speaker, hon President, Deputy President - all protocol observed - the ruins of the Kingdoms of Mapungubwe and Monomotapa are messengers from the past bearing testimony to the fact that South Africans were advanced artisans and engineers long before the colonial period. If it were not for the disruption caused by colonialism of a special type, South Africa, as a region, would have remained a giant producer and processor of intermediary goods for local consumption and export purposes. The use of armed force to alienate our people from the means of production and, thus, turn them into proletariats of two worlds, is the mother of the current state of affairs - a 0,66 Gini coefficient, the highest in the world.
South Africa has the highest income inequality in the world because of the conscious, systematic and deliberate underdevelopment of the majority of the South African population. Colonialism of a special type, as practised by the apartheid regime, decided that the education given to the majority of our people should be shorn of all the necessary ingredients essential for the creation of an economically active citizenry.
While the apartheid regime is nothing but a painful memory in more ways than one, the people are governing. However, the question remains: Are the people sharing in the country's wealth If the answer is negative, we, as their legitimate representatives, and in line with the Freedom Charter's assertion that no government can claim authority unless it is based on the will of the people, must ask ourselves whether we have legislated and enforced legislation enough to ensure the realisation of this ideal of our people. We need to ask ourselves whether the door to skills development has been opened enough to ensure that our people are skilled to drive their own economy?
Sceptics of the old growth path had cautioned that an export-led growth strategy would benefit capital-intensive and high-skilled industries, while in labour-intensive industries workers would be retrenched and factories closed. They also cautioned that liberalising trade lowers inflation, but it makes imports cheaper than domestically produced products. This would inevitably lead to the closure of factories or job losses; high unemployment and continuing job losses in the formal sector and rising joblessness, especially among the youth; continued mass poverty; and deep inequalities based on class, race and gender - the triple oppression.
It is against this backdrop that the 2010 ANC January 8 Statement makes it mandatory for our government to pursue sustained development, based on an inclusive growth path. In the same vein, the 2009 ANC manifesto commits to ensuring that state-led industrial policy leads to the transformation of the economy. It further states that such a state-led industrial policy programme will direct public and private investment to support decent work outcomes, including employment creation and broad economic transformation; reduce youth unemployment, including targeted wage subsidies aimed at lowering the cost and risk of hiring inexperienced workseekers; and support labour-intensive industries through industrial policy intervention, skills development, infrastructure investment and public employment programmes.
The contradiction, though, is that this high rate of unemployment coexists with an equally high employment rate - at 24,3% narrow employment rate and 31,1% unemployment rate, with the inclusion of discouraged workers. Ideally, unemployment would be absorbed by the considerably open labour market. However, this prospect is negated by our objective condition of a critical skills shortage, which is a highly specialised labour-market need. The specialised needs of our labour market have led to the import of skills for a number of critical projects, especially infrastructure development ones which have responded to the lack of local artisans and civil engineers by importing such skills.
The import of skills does not only affect the rate of unemployment but also the market value of all final goods and services that we produce within a particular period. This kind of phenomenon has led to South Africa being a consumer of imported final goods and, thus, helping to create jobs in other countries rather than, in the main, producing goods here which South Africa consumes. South Africa has found herself trapped in a negative balance of trade because of its skills deficit. Of course, skills poachers that have brain drained our country of medical skills have not, in the main, made the situation easier. But even without the poachers as a factor, the truth is that we are not producing enough skills to drive our own economy.
The ANC recognises the necessity to transform the economy in order to ensure that women are at the centre. The key task in ensuring economic growth and decent jobs is to ensure a strong responsive economic system that principally serves all South African women. This can happen through ensuring that the state plays a leading role in ensuring the implementation of the industrial policy. This is to ensure that women are key drivers of growth. Through the developmental state, the call of women to drive growth to create jobs seeks to break away from the old growth path.
In respect of the need for skilling and reskilling, job creation is decent work, particularly for women. The ANC's call for the creation of decent work refers to employment with all benefits and protection within the discourse of labour rights. This speaks to matters of a provident fund, paid maternity leave, and medical aid in a manner that promotes a better life for all women.
At the beginning of 2006, under the leadership of the Presidency and, in particular, with the support of leaders in the labour federations, business and civil society, the Joint Initiative on Priority Skills Acquisition, Jipsa, was formed. Through its structures, such as the joint task team and the technical working group, and with the assistance of funding from the Business Trust and project management by the National Business Initiative, a process of identifying and clearing blockages began.
The initiative, albeit an important one, was a short-term response to a systemic requirement for a human resource development strategy and structures that work. The important work and studies undertaken by Jipsa that were not implemented will be taken forward, as the staff of the Jipsa secretariat are absorbed into the Department of Higher Education and Training.
The basic education foundation, whose strengths and quality determines the capacity for skills acquisition, is an area that cannot be left unattended. In this regard, we should welcome the initiative to conduct annually independently moderated assessments in Grades 3, 6 and 9. These assessments will focus on the critical foundation skills of literacy and numeracy that are fundamental for learning. The success of this initiative will improve the numbers of learners that qualify with a university entrance and subsequently increase the broader matric pass rate.
Skills acquisition also takes place on the factory floor where many of our people, who continue to be classified as unskilled, are doing most of the complicated work for a pittance because of their lack of formal qualifications. This lack of formal accreditation of these toiling masses has not only led to their being exploited - based on the fact that their employers, though enjoying the proceeds of the work of their skilfulness, opportunistically continue remunerating them as unskilled labour - but has also locked them in a belief that they remain unskilled even though they work skilfully. In that regard, they cannot rely on their experience and skills to seek employment elsewhere as, there also, they will be deemed unskilled.
The proposed new sector education and training authority, Seta, landscape, in summary, features the recertification of 15 Setas with minor changes; the amalgamation of several Setas to ensure greater efficiency, resulting in the establishment of six new Setas; the reduction of 23 Setas to 21; and the recently launched Quality Council for Trades and Occupations which has the mandate to address the quality of training in and for the workplace and to ensure that workplace training and knowledge is accredited and certificated, including proper recognition of prior learning.
This initiative will ensure that our skills base is accorded its true reflection and improve the situation of many skilled workers whose workplace-acquired skills had never been acknowledged, accredited or certificated. The FET colleges remain fundamental in publicly driven, skills-development college infrastructure. However, there has been a view that college is a consolation prize for university, and that colleges are not necessarily institutions of choice. It is important that this myth be dispelled not just through oral utterances but support for FET colleges. The FET colleges should also be capacitated to produce the kind of skill that is so needed by the economy which, in its nascent stages, is assimilated into the mainstream economy.
It is the skilled people, more than professions, who are the engines behind any economy. Our education system is geared towards producing professions more than skills. It is no wonder that a learner becomes part of the education system for 12 years, from Grade R to Grade 12, but emerges out of this system unemployable and with no skills to work independently.
Critically, we must ensure that the numerous offers of job training do undertake a proper assessment of the recognition of prior learning and the important skills that are derived from this life-experience process. More often than not, it is these skills which have been honed out of the practical working experience of millions of workers that are far more useful to the economy than abstract certification which cannot be applied practically in the workplace and leads to unemployment.
A united and democratic nation able to take its rightful place in the family of nations and to heal the divisions of the past will be built through broadening the skills base. This can be achieved by strengthening the education foundation, diversifying skills acquisition and ratification methods, and capacitating skills-generating centres for a local skills-driven and job-generating economic growth path. Only such a nation can restore the glory that belonged to the proud economically independent generation of our Mapungubwe and Monomotapa ancestors. Indeed, South Africa can once more produce a generation of artisans, engineers and other economically driven skills. The ANC supports Budget Vote 1: The Presidency. I thank you, hon Speaker. [Applause.
Mr N T GODI: Mr Speaker, comrades and hon members, this Budget Vote indeed takes place at a time of heightened expectations and excitement due to the World Cup. We are privileged, both as a country and continent, to be hosting the biggest sporting spectacle.
The APC calls on all South Africans to fully support our national team, Bafana Bafana, and all African teams in the spirit of Pan-African solidarity. The APC hopes that the six African teams will do us proud. Cameroon and Senegal have, in the past, raised the African flag high. These teams have a unique opportunity to raise the flag higher.
Congratulations to government, the SA Football Association, Safa, and the Local Organising Committee, LOC, on a job well done in preparing for this occasion in a way that will enhance the global standing of our continent and people. Those who have questioned our ability to host a successful World Cup have been resoundingly proven wrong.
Having said that, we cannot, nonetheless, take our eyes off the ball, that is, the continual pursuance of the noble and strategic goals of transformation and good governance. Sixteen years down the line, transformation is still a journey. It cannot be acceptable that significant areas of our socioeconomic life remain untransformed and reflective of the yesteryears of minority domination. It can neither be acceptable nor tolerable that the majority continue to suffer social and economic exclusion.
We fought for freedom to ensure change, change for the better in the lives of the African people in general and the working class in particular. How government resources are used has a great bearing on the material conditions of the people. There continues to be a pressing need to ensure that accountability is accepted and practised as a matter of course. Public administration must serve the people, as outlined in the Constitution and in line with the Batho Pele principles. There must be national consciousness and pride in serving the public.
As the head of state, Comrade President, you have the responsibility to ensure that all of government adheres to and promotes good governance. You have made a call for a culture change in government. We need to see firm action to enforce compliance.
The APC thanks you, Comrade President, for having all parties in Parliament take part in national day rallies. Remember, it was a request from some of us. However, the APC deplores the fact that, on these same days, some leaders organise sideshows, conducting themselves in ways that do not foster the spirit of unity that was called for in the first instance. The APC fully supports this inclusive approach.
We would be failing in our internationalist duties if we did not speak out in support of the oppressed but heroic people of Palestine. Our government must never lower its voice in demanding freedom for the Palestinians and condemning the deplorable conditions of their existence under Israeli oppression. The Palestinians deserve their freedom. Thank you. [Applause.
Mr M J ELLIS: Mr Speaker, this certainly has been a very odd debate. We have been informed by some Ministers; we have been scolded by Minister Pandor; we have been shouted at by the Deputy Minister of Social Development; we have been uplifted by members of the DA; and we have been entertained by the hon Turok with his patronising views, I might add, of those younger than himself, which probably, Ben, is everybody in this House. [Laughter.
I want to say that I really do not know why the ANC do not use Mr Turok more often. He certainly is remarkably entertaining, and I think that the students gave him a bracelet with his name on it, because they thought his views were so old-fashioned that he must be very old and therefore in danger of forgetting his name. [Laughter.] I want to ask you, Mr Turok: Has it got your address on as well [Laughter.] I want to say, hon Turok, you were very firmly put in your place today by one person very much younger that yourself who did an outstanding job?
Prof B TUROK: Mr Speaker, on a point of order.
The SPEAKER: What's your point of order, hon member?
Prof B TUROK: There are two grounds to my point of order. The first one is that my name is "hon Turok", and the second one is that this is ageism. We don't allow it. [Laughter.] [Applause.
The SPEAKER: Yes, we refer to members as "hon members" in the House.
Mr M J ELLIS: I'm very sorry, Ben. I mean, I beg your pardon, hon Turok. [Laughter.
Mr Speaker, the hon Sizani spoke very eloquently. He certainly has a very engaging style and a very loud voice, and the picture he paints of being a member of the only party that cares for the poor is, of course, very entertaining, and absolute rubbish too, I might add. He quoted at length the case of Giyani as an example of ANC concern and success, but we all know that Giyani is a rural development pilot project; it has only just got under way, while other pilot projects by the department have failed to get off the ground at all.
More importantly, to the hon Sizani, what about the thousands of other rural areas, villages and so on that have been completely neglected by the ANC and which remain poor and unassisted by the government?
Mr President, your Budget Vote today is the final Budget Vote for this 2010 financial year. There have always been good and bad debates with all the Budget Votes and it has been interesting to note that the tone is always set by the person who leads the debate - in other words, the Minister - and in this case today, Mr President, yourself. I want to say, sir, that this House knows what tone you set today.
But, Mr President, you said that the government in the past year has defined its style as smarter, better, faster. You indicated that you feel that the people of South Africa can sense a new sense of urgency as a result of the changing style of government.
Mr Speaker, I need to say to the hon President that it is highly questionable whether there really is a new sense of urgency in this country and with government, as the hon Trollip and other members of the opposition have pointed out during the course of today.
Sir, we now come to the beginning of your second term of office and we do sincerely hope that your second term of office will be more successful than your first term, and that, indeed, there will be no own goals in exactly the same way as we hope that Bafana Bafana will have no own goals, in the World Cup. I thank you. [Applause.
The SPEAKER: Order! Hon members, that concludes the list of speakers. [Interjections.] Oh ! Apologies, hon Deputy Minister, your name was on the second page. I would like to invite you to address the House.
The DEPUTY MINISTER OF HOME AFFAIRS: Hon Speaker, it must be my complexion! [Laughter.] Hon President, Deputy President, hon members, as we conclude the debate on the Budget Vote of the Presidency, the question we should ask ourselves is whether the opposition responded effectively and constructively to the debate this time. Did they say anything that helps the Presidency in the discharge of its mandate [Interjections.] Or did they use the debate, like many others before, as a platform for media sound bites and finger-pointing [Interjections.] Did the issues raised mirror the concerns of ordinary South African citizens who still believe in the promise of this country, even when the opposition obviously does not?
If not, it would seem as though some among the opposition have become nothing more than those that sigh for the fleshpots of apartheid. If the level of debate in this Parliament has deteriorated, it is as a result of the opposition's desperation to score points on matters affecting ordinary South Africans, rather than to engage meaningfully on the true future of this country. Their eagerness to celebrate what they perceive as early failures speaks volumes about their bitter small-mindedness.
The opposition has become synonymous with doom. They did not need the year to assess the President's performance, because they had concluded before he took office that he would be a failure. In fact, they came to the same conclusion with regard to the other heads of state. They, too, are just a series of failures. They hoped, with little regard for the people whose lives have benefited as a result of our policies, that we would falter.
Instead of using this moment to play their part in building this country, they behave liked the old, - fabled character Chicken Little by hysterically yelling that the sky is falling down. [Laughter.] Today, hon members, I wish to assure the Chicken Littles of this House that the sky is not falling down. [Applause.] This debate offered this House and the nation at large an opportunity to engage the Presidency constructively, to better understand its vision, mission and programmes. Few democracies around the world have an opportunity to do this.
In fact, the formation of the ANC in 1912 was, to put it bluntly, an historical necessity. Borne of our people's determination to wage a concerted struggle for liberation, its formation ended the era of resistance against colonial incursion and ushered in a new epoch of fighting for liberation as one people. During the course of its evolution, the ANC grew to become a microcosm of our new society, for which the overwhelming majority of South Africans were fighting. It adopted the values of nonracialism, nonsexism and democracy, and steadfastly pursued these noble ideals even when its members and leaders were persecuted.
This is not the legacy of the ANC alone, but it belongs to the majority of our people. The very formation of the ANC was to negate the divisive legacy of 1910, which defined South Africa as a white man's country and democracy as a white man's democracy, to the spiteful exclusion of the majority of the population, merely on the basis of their race.
To continue to assume that the DA is liberal is fallacious. The DA is actually conservative. [Interjections.] Perhaps what is needed the most, amidst calls for lifestyle audits, is an ideology audit. The DA has proudly labelled itself a liberal organisation. [Interjections.] By definition, liberals are committed to liberty and equality. I ask: What liberty is granted to blacks and coloureds that remain economic outcasts and social captives of the most violent and desolate townships and slums of the Western Cape What liberty is granted to the same communities who are purposely played like pawns against each other by the DA-led government [Interjections.] And what equality is granted to the dispossessed Africans who are sidelined and undermined by the Western Cape dispensation What sort of fairness and respect for human rights warrants the incidents of human beings being subjected to the humiliation of having to use toilets without walls [Interjections.] [Applause.?
With liberals like these, who needs conservatives Clearly, the DA is actually a lobby group for nostalgic, conservative interests. It is no more a liberal party than Cope is united. But do not just take my word for it. If you listen carefully, you will hear this condescending tone in their insensitive demeaning of African culture; in the falsehoods pedalled about the Presidency and, particularly, about the person of the President himself; and in all sorts of profanities they yell from the sidelines?
We have grown to expect this behaviour from people who use terms like "vampire state" to define our hard-earned democracy, because we know that they share commonality with the type of conservative American Republicanism which popularised this term with the intention of scaring the masses into supporting them. Since they cannot inspire the masses to vote for them, they conspire to scare or hoodwink them into it. One only needs to refer to the DA's "Stop Zuma" or "Fight Back" campaigns to prove the point.
Rather than focus on the potency and promise of their own policies, they focus on personalities and scare tactics. This means two things: firstly, that they are politically bankrupt; and, secondly, that they underestimate the intellect of the masses. I think they might have taken the term "opposition" too literally. If the ANC is for transformation, then they are opposed to it. If the ANC is for better labour rights, then they oppose that.
So, since the President has reaffirmed the hope and dream of Madiba's integrated rainbow nation, dare I ask if they oppose that too I guess the answer is reflected clearly in the Western Cape. We are tired of hearing what you claim to be against. Can you, even for a brief moment, just tell us what you are for [Interjections.] [Applause.?
Hon Trollip, we did expect you to bring newspaper headlines. You neither surprised nor disappointed us. As it may be disrespectful to claim that an hon member is lazy, it should then be your researchers who are lazy. The President has said explicitly that those who fail to deliver in the public service or in government will be penalised. That was the purpose of the performance agreement signed with the Ministers, but you cannot hear him because you have already prejudged him and are stubbornly unprepared to assess objectively his performance in this regard.
This government has been uncharacteristically candid in its assessment of its own performance, and has been prepared to be assessed as candidly, not just by the DA, but by the ordinary masses of our people. It was for this reason that the government decided to post its programme of action on the Internet and last year adopt a new monitoring and evaluation mechanism. Furthermore, the President signed performance agreements with the Ministers to hold them accountable.
Hon Mazibuko, national debate on moral values is not intended to shape public views, but it is intended to ensure that our people debate openly and freely the very things that are discussed on these sides. You both claim to advocate free and open debate, and yet take flight every time such platforms are provided. [Interjections.] To claim that moral decay originates from the ANC is both disingenuous and totally misses the point.
Apartheid colonialism, which you so loyally defend, is the actual root cause of the problems that our society sits with today. [Applause.] Premier Helen Zille may implement all the cosmetic changes she wishes to implement, including the ministerial handbook in the province, but the very value system the DA represents encourages rapacious greed, economic plunder, labour exploitation and racial humiliation. [Applause.
The DA reminds one of the nineteenth century British imperialists who, when they came to South Africa, shredded all illusions about liberalism and, instead, adopted policies of racial prejudice and racial humiliation, particularly towards black people. This reminds one of a pamphlet written by Marx, The Eighteenth Brumaire of Louis Bonaparte, in which he says that all events of great historical significance happen, as it were, twice. The first time is a tragedy, the second time is a farce.
In the DA we have a farce, a pitiful incarnation of those imperialists of the 19th century. We fought against those. We will fight against these at this present-day moment. [Applause.
Perhaps our history is the reason we have been targeted by Cope. Their history was not drafted at the roots of oppression but, rather, on the bloated bellies of a disgruntled bunch. Since they divorced themselves from our vision of the future, they must now, through action, rewrite their own history and purpose. But it seems they have come to notice that after divorce comes custody battles. [Laughter.] [Applause.] This is not a custody battle over the best means to serve the people, but, rather, a battle of over who will wear the captain's hat.
Cope is not a party created on the foundation of principles and progressive ideologies. Instead, it is a party backed by disregard for the other side of the coin of democracy, which is respecting and accepting the decisions taken by a majority, even, and especially if, you disagree with them. If they were as introspective as they are critical of us, they would have realised long ago that the faults they accuse us of are, in fact, within themselves.
But in us, that we are underlings.
And you are, indeed, underlings in policy and in leadership. The policy bankruptcy in this organisation is not only frightening, but confusing. It is difficult to know, when you are listening to its leaders, which one policy pronouncement you should take. But lack of direction is always expected from three-headed monsters. [Laughter.] This does not only relate to previous flip-flopping about black economic empowerment and affirmative action, but the organisation tries to be more progressive than the ANC and, at the same time, seeks to align itself with the DA.
The fact is that Cope cannot walk on both sides of the road and in different directions at the same time. They must take a stance. If they are truly for transformation, as their manifesto claims, why have they not been outspoken about the lack of transformation in the Western Cape The blossoming of Cope and the DA's romance has come at the expense of poor people who were misled into supporting their manifesto. What our people know about Cope thus far, besides its policy fumbles and insistent leadership squabbles, is that Cope is as right-wing as the DA is. But, of course, small minds also think alike. They all wield pettiness and bitterness as a medium of engagement?
Hon Shilowa, it did not surprise us that Cope, as you said, will not support this Budget Vote. Were we honest, we would consider that this government took office in the midst of a deep and brutal recession. It is disingenuous to stand here and claim that close to a million jobs were lost under the President's watch. He took office when the job blood bath was already under way as a result of a global recession that was not created either by the President or the ANC. Actually, under the President's watch, half a million jobs were created under the Public Works Programme. Again, you allow your personal hatred of the President to cloud your good judgment and honest appraisal. [Applause.
The hon Shilowa probably has the memory of a rat. As Premier of Gauteng, he also rode in luxury cars, stayed in five-star hotels and enjoyed the many perks of his office. Conveniently, he stands at this podium today and points fingers. What shameful dishonesty! [Interjections.] Maybe the hon member will take this House into his confidence about the R20 million that disappeared under his watch. [Applause.] [Interjections.
The DEPUTY MINISTER OF HOME AFFAIRS: Why did they have to spin auditors' reports Where is Parliament's money Our taxes?
Mr M S SHILOWA: Mr Speaker...
The SPEAKER: Order! Hon member, please take your seat. Hon Shilowa?
Mr M S SHILOWA: Speaker, I rise on a point of order: I think the member is out of order. [Interjections.
Mr M S SHILOWA: He asks where is the R20 million given to the budget, and I think if he is accusing me of having misspent [Interjections.] Listen to me [Interjections.
The SPEAKER: Order! Let the speaker to be heard, hon members!
Mr M S SHILOWA: If he is accusing me of having misspent R20 million, I want him to repeat it, both here and outside. [Laughter.] [Applause.] [Interjections.
The SPEAKER: Order! Order! Hon member, using words like "shameful dishonesty" is unparliamentary. Those you are not allowed to use, but continue.
The DEPUTY MINISTER OF HOME AFFAIRS: Thank you very much. The same hon member accused the President of having lost South Africa a million jobs under his watch, and he certainly forgets. But the hon member failed to voluntarily acknowledge his own child, and has the audacity to stand here and point fingers. The same hon member!
Still on the issue of the memory of a rat: Cope's founding member, Mr Terror Lekota - your nemesis, sir - was sanctioned by this very House in May 2003 for failure to disclose his business interests. Shame on him! He is not a member of the House. And shame on selective amnesia and selective morality! Maybe these inconvenient truths are too inconvenient, but they must be mentioned.
A certain hon member's wife was chairperson of the Industrial Development Corporation, the IDC, and approved a loan for her company, in which she had shares. [Interjections.] She had a chauffeur-driven car, even though she was not an executive chairperson. Well, you be the judge.
Mr President, thank you very much to you and the Deputy President for your wise, collective leadership. Under your stewardship, we have great hope that together we can, and will, do more. Thank you. [Applause.
The House adjourned at 20:08.
South African Reserve Bank Amendment Bill [B 10 - 2010] (National Assembly - sec 75).
Government Notice No R. 269 published in Government Gazette No 33087 dated 9 April 2010: Amendment of Schedule No 3 (No 3/658), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 289 published in Government Gazette No 33109 dated 13 April 2010: Correction Notice: Amendment of Schedule No 3 (No 3/659), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 341 published in Government Gazette No 33140 dated 30 April 2010: Amendment of Schedule No 1 (No 1/1/1403), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 342 published in Government Gazette No 33140 dated 30 April 2010: Amendment of Schedule No 4 (No 4/330), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 357 published in Government Gazette No 33165 dated 7 May 2010: Correction Notice: Amendment of Schedule No 1 (No 1/1/1404), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 358 published in Government Gazette No 33165 dated 7 May 2010: Amendment of Schedule No 4 (No 4/331), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
<fn>GOV-ZA.29789En.2012-02-10.en.txt</fn>
Key Points Act, 1980 (Act No.1 02 of 1980). A draft National Key Points and Strategic Installations Bill is hereby published for general information and comment from interested parties.
IMPORTANT NOTE: This is merely a working document which is used to obtain the input of interest groups. The finalisation of the draft National Key Point and Strategic Installation Bill, will ultimately be done after the consultation process has been concluded. Parliamentary committees will also be involved in the process.
Kindly note that as this is a working document certain technical correction with regard to the numbering, spacing and general layout still need to be done.
To provide for the declaration of National Key Points, including Strategic Installations and Places of Importance; to provide for the declaration of a Complex; to regulate the measures and standards for safeguarding thereof; repeal of laws; and for matters connected therewith.
In this Act, unless the context otherwise indicates"area" means any soil or water surface, whether with a buildinq, installation or structure thereon or not, and includes air space; "boundary" means the boundary of a National Key Point, Strategic Installation or Place of Importance as determined by the Minister; "complex" means more than one National Key Point, Strategic Installation or Place of Importance as declared under section 4; "essential services" means essential services as defined in the Labour Relations Act, 1995 (Act No. 66 of 1995); "Government Security Regulator" means a component of the South African Police Service, who will be responsible to administer this Act; "incident" means any occurrence, terrorism or any other criminal activity or any other conduct which endangers, compromise, disrupts or threatens a National Key Point, Strategic Installation or Place of Importance; "institution" means any state department as defined in section 329 of the Constitution of the Republic of South Africa, 1996, including any public entity as defined in section 1 of the Public Finance Management Act, 1999 (Act No.
"this Act" includes any subordinate legislation issued in terms of a provision of this Act.
National Key Points, Strategic Installations and Places of Importance, after being declared as such by the Minister in terms of section 4.
This Act applies to all places or areas declared as National Key Points, Strategic Installations and Places of Importance.
In the event of any inconsistency between this Act and any other law in force at the commencement of this Act, other than the Constitution, this Act prevails.
Not withstanding the provisions in the Disaster Management Act, 2002 (Act No. 57 of 2002) all emergency services must assist in an emergency at a National Key Point, Strategic Installation or Place of Importance, when so requested by the South African Police Services, without a disaster being declared in the Gazette. In the event of a major incident, emergency services will not be bound by municipal boundaries.
loss may disadvantage the Republic nationally or internationally; or safety and security has an impact on the delivery of essential services.
the Government Security Regulator must, after consultation with the institution conduct a security risk matrix in order to determine and quantify the level of importance of such a place or area; and the Minister's Advisory Committee must evaluate the security risk matrix results and furnish the Minister with a recommendation on the proposed declaration of the area or place as a National Key Point.
its loss, damage.
its loss may disadvantage the Republic nationally or internationally; or its safety and security has an impact on the delivery of essential services.
Before the Minister may declare a Place of Importance as contemplated in subsection (3) the South African Police Service must after consultation with the institution conduct a security risk matrix in order to determine and quantify the level of importance of such a place or area.
Before the Minister may declare a Strategic Installation the South African Police Service must furnish the Minister with security risk matrix results; and the Minister's Advisory Committee must evaluate the security risk matrix results and furnish the Minister with a recommendation on the proposed declaration of the area or place as a Strategic Installation.
The owner of any place, area or institution which have been declared as a National Key Point, Strategic Installation or Place of Importance must be notified in writing of such declaration by the Minister.
The owner of a National Key Point or Place of Importance, if privately owned, must be informed of the implications of section 240 of the Income Tax Act, 1962 (Act No. 58 of 1962).
When, in the opinion of the Minister, and on recommendation of the Minister's Advisory Committee it will contribute to the safeguarding of two or more National Key Points or Strategic Installations, if certain steps in respect of their security are taken jointly by their owners, he or she may declare those National Key Points or Strategic Installations, a Complex, irrespective of whether one of the National Key Points or Strategic Installations, adjoins any other; and the steps contemplated will be taken at or on the National Key Points or Strategic Installations.
determine the boundaries of the Complex; and conduct a security appreciation matrix of the Complex.
The owner of a National Key Point or Strategic Installation included in a Complex must forthwith be notified thereof by written notice, as well as of the name and address of each of the owners of the National Key Point or Strategic Installation, included in the Complex.
The inclusion of a National Key Point or Strategic Installation in a Complex, does not exempt the owner of that National Key Point or Strategic Installation from any obligation in terms of this Act.
The Minister may, with a view to the exercise of a power granted to him or her by this Act, order any person in writing to furnish him or her within a specified time with any information at his or her disposal relating to or in connection with any place or area.
to any person, except for the purposes of this Act or as a witness in a court of law during a prosecution in terms of this Act, shall be guilty of an offence and liable on conviction to a fine not exceeding R1 000 000 or to imprisonment for a period of 20 years, or to both such fine and such imprisonment.
The provisions of subsection (2) shall not prohibit the disclosure of information by any person in so far as it is strictly necessary for the performance of his or her functions in regard to his or her employment in connection with, or his or her ownership of, the place concerned; and when authorised by the Minister.
The Minister may at any time, on behalf of and in consultation with the owner of a National Key Point Strategic Installation, Place of Importance or Complex, take or cause to be taken any or all of the steps which in his or her opinion are or may become necessary in respect of their security and the owner is liable for the cost thereof to such extent as the Minister may determine.
of this section, he or she may take over the obligations of the owner or owners concerned arising from any contract or contracts with a third party or third parties, with the consent of that third party or those third parties, if in the opinion of the Minister the fulfilment of the contract or contracts will contribute to the security of the National Key Point, Strategic Installation, Place of Importance or Complex concerned.
(a) The Minister may appoint such persons or committees as he or she may deem fit to report to him or her, to advise him or her, or to exercise any power conferred on him or her under this Act, except a power excluded in terms of section 9.
Any such committee must, subject to the directions of the Minister, determine its own procedure.
The Minister mayan such conditions as he or she deems fit, in writing, empower any person to exercise any of the powers conferred on him or her by this Act, except powers referred to in sections 8,11 or 23.
verify any steps being or to be taken in terms of this Act.
Any member of the South African Police Service may be compelled to perform functions in terms of this Act as if they are functions which must be performed in terms of the South African Police Service Act, 1995 (Act No.
There is hereby established a committee to be known as the Minister's Advisory Committee.
The committee shall consist of no more than 20 permanent members appointed by the Minister, on the recommendation of the executive authority of the relevant state department or chief executive officer of the institution concerned.
The chairperson of the committee shall be appointed by the Minister.
If a member vacates his or her office his or her membership automatically ceases to exist.
understand the economic value and importance of National Key Points, Strategic Installations, Places of Importance; or be in possession of an appropriate qualification and relevant experience in the field of expertise.
The Minister will appoint members on the basis of the recommendation relating to the categories of places, areas or institution that have already been declared National Key Points, Strategic Installation or Places of Importance for the purpose of achieving equal representation of institutions.
The chairperson may co-opt any additional members to attend the meetings of the committee to provide advice with regard to their relevant field of expertise.
National Key Points and Strategic Installations to be declared a Complex contemplated in terms of section 5.
The committee must meet at least three times a year and must determine the date and place of its meetings.
The chairperson may at any time convene an extraordinary meeting of the committee to be held at a time and place determined by him or her.
If the chairperson is absent from a specific meeting of the committee, the members present must elect a chairperson from the members present to act as chairperson for that meeting.
The committee determines its own procedure for its meetings.
The quorum for a meeting of the committee is a majority of its members.
The decision of a majority of the members of the committee present at any meeting thereof is the decision of the committee, and in the case of an equality of votes, the chairperson has a casting vote in addition to his or her deliberative vote.
A Joint Planning Committee must be established for each National Key Point, Strategic Installation, Place of Importance and Complex.
The owner of a National Key Point, Strategic Installation or Place of Importance must convene and chair the Joint Planning Committee quarterly.
The Government Security Regulator must determine permanent members of the Joint Planning Committee.
Disaster Management Services; or representatives of other institutions which the chairperson may deem necessary.
The chairperson may appoint any representative referred to in subsection (2) to serve as a deputy chairperson, except the chief security officer.
engaging in corrupt activities; or security breach.
The chairperson must activate the JOe in the case of a major incident if necessary.
The committee must have at least four meetings a year at such times and places as the committee may determine.
If the chairperson is absent from a specific meeting of the committee, the deputy must act as chairperson for that meeting.
The procedure of the meetings of the committee will be prescribed by the Minister.
Decision making must be determined or taken by the line function representatives of the committee.
On receipt of a notice referred to in section 4, the owner of the National Key Point Strategic Installation, Place of Importance or Complex concerned must, at his or her own expense take steps as prescribed by the Minister in respect of their security.
If the said owner fails to take the said steps, the Minister may by written notice order him or her to take, within a period specified in the notice and at his or her own expense, such steps in respect of the security of the said National Key Point, Strategic Installation, Place of Importance or Complex, as may be specified in the notice.
If the said owner without reasonable cause refuses or fails to take steps specified in the notice referred to in subsection (2), within the period specified therein he or she is guilty of an offence and liable on conviction to a fine not exceeding R 1 000 000 or to imprisonment for a period of 20 years, or to both such fine and imprisonment.
If the said owner refuses or fails to take the steps specified in the said notice within the period specified therein, the Minister may take or cause steps to be taken, irrespective of whether the owner was charged or convicted in connection with that refusal or failure, and the Minister may recover the cost thereof from that owner to such an extent as the Minister may determine.
The Minister may after consultation with the owners of National Key Points or Strategic Installations, included in a Complex, order them by written notice to take, within a period specified in the notice and at their expense, such joint steps in respect of their security as may be specified in the notice, and to determine within a period specified in the notice on the proportion in which each is responsible for the cost thereof.
If the owners are unable to determine within the period specified the said proportion, the Minister may determine that proportion.
Regulations were responsible for the cost or to such extent as he may determine.
The provisions of this Act shall not prevent any owner of any place or area which have been declared a National Key Point, Strategic Installation or Place of Importance from taking or causing to be taken, in addition to any steps required or ordered in terms of this Act, such measures as he or she may consider necessary for the efficient security of that National Key Point, Strategic Installation or Place of Importance and any goods thereon or therein.
any other ancillary or administrative matter that is necessary to prescribe for the proper implementation or administration of this Act.
Regulations made under this section may prescribe penalties for any contravention thereof or failure to comply therewith, not exceeding the penalties prescribed in section 24.
Any person who at, on, in connection with or in respect of any National Key Point Strategic Installation, Place of Importance or Complex, performs any act which, if prohibited in terms of this Act, is guilty of an offence and liable to the penalties prescribed for that offence.
exceeding 20 years or to both such fine and such imprisonment.
The State, the Minister or any person in the service of the State is not liable for any loss or damage as a result of bodily injury, loss of life or damage to property caused by or arising out of or in connection with any act ordered, performed or executed under this Act, unless the person or the Minister was grossly negligent or acted with intent.
Subject to subsection (2), the laws repealed in Schedule A are hereby repealed to the extent as indicated in the third column thereof.
Any proclamations, regulation, notice, approval, authority, licence, permit, certificate or document issued, made, given or granted and any other action taken under any provision of a law repealed by this Act, must be regarded as having been issued, made, given, granted or taken under the corresponding provision of this Act.
This Act is called the National Key Points, Strategic Installations and Places of Importance Act, 2006, and comes into operation on a date fixed by the President by proclamation in the Gazette.
Act NO.
The whole. The whole. The whole. The whole. The whole.
<fn>GOV-ZA.29862aEn.2012-02-10.en.txt</fn>
Amendment Bill, 2007, which provides for the further regulation of environmental impact assessments, environmental authorizations and incidental matters for comment. More details are set out in the explanatory memorandum and the attached Bill.
The National Environmental Management Act, 1998 (NEMA) provides for co-operative environmenta! governance by establishing principles ior decision-making on matters affecting the environment, institutions that will promote co-operative governance and procedures for coordinating environmental functions exercised by organs of state.
Section 24 provides for both the Minister and MEC to identify activities or areas in which certain activities may not be undertaken in the absence of an environmental authorization.
Section 43 provides for appeal procedures in respect of any decision made by the relevant competent authority.
Words in boid type in square brackets indicate omissions from existing enactments.
To amend the National Environmental Management Act, 1998, so as to insert certain definitions and substitute others; to make further provision regarding environmental authorisations; to make certain textual alterations and to provide for incidental matters.
"'environmental authorisation'. when used in Chapter 5. means the terms of this Act:".
Substitution of section 24 of Act 107 of 1998 2.
In order to give effect to the general objectives of integrated environmental management laid down in this Chapter, the potential impact on the environment of listed and specified activities must be considered, investigated, assessed and reported on to the competent authority charged by this Act with granting the relevant environmental authorisation.
Provided that where an activity falls under the jurisdiction of another Minister or MEC, a decision in respect of paragraphs (a) to (d) must be taken after consultation with such other Minister or MEC.
The Minister, and every MEC with the concurrence of the Minister, may compile information and maps that specify the attributes of the environment in particular geographical areas, including the sensitivity, extent, interrelationship and significance of such attributes which must be taken into account by every competent authority.
that the findings and recommendations flowing from such investigation, the general objectives of integrated environmental management laid down in this Act and the principles of environmental management set out in section 2 are taken into account in any decision made by an organ of state in relation to the proposed policy, programme, plan or project; and that environmental attributes identified in the compilation of information and maps as contemplated in subsection (3) are considered.
Minister, and laying down the procedure tc be followed in applying for, issuing of ant laying down the procedure to be followed and the institutiona!
the efficient administration and processing of environmenta!
prescribing any other matter necessary for dealing with making and evaluating applications for environmental authorisations.
An MEC may make regulations in terms of subsection (5) only in respect of listed and specified activities or areas in respect of which the MEC is the competent authority.
Compliance with the procedure laid down by the Minister or an MEC in terms of subsection (4) does not remove the need to obtain an authorisation, other than an environmental authorisation, for that activity from any organ of state charged by law with authorising, permitting or othetwise allowing the implementation of the activity.
more than one province or traverse international boundaries; or compliance with obligations resting on the Republic under customary international law or a convention.
and enforcement conditions relatina to prescribed norms and standards.
Substitution of section 24C of Act 107 of 1998 3.
Procedure for identifying the competent authority activities in terms of section 24 (2) the Minister, or the MEC with the concurrence of the Minister, must identify the competent authority responsible for granting environmental authorisations in respect of those activities.
will take place within an area protected bv means of an international environmental instrument.
a national department: a provincial department responsible for environmental affairs; or a statutory body, excluding any municipality, performing an exclusive competence of the national sphere of government; or will take place within a national proclaimed protected area or other conservation area under control of a national authority.
Substitution of section 24D of Act 107 of 1998 4.
24D. The Minister or MEC, as the case may be, must publish in the relevant Gazette a notice, listing activities or areas identified in terms of section 24 (2) and listing the competent authorities identified in terms of section 24C and the date on which the list is to come into effect.
Substitution of section 24F of Act 107 of 1998 5.
unless the competent authority has granted an environmental authorisation for the activity, and no person may continue an existing activity listed or specified in terms of section 24 (2) (d)if an application for an environmental authorisation is refused.
or the conditions applicable to any environmental authorisation granted for a listed or specified activity.
It is a defence to a charge in terms of subsection (2) to show that the activity was commenced or continued in response to an emergency so as to protect human life, property or the environment.
A person convicted of an offence interms of subsection (2) is liable to a fine not exceeding R5 million or to imprisonment for a period not exceeding ten years, or to both such fine and such imprisonment.
Substitution of section 24G of Act 107 of 1998 6.
provide such other information or undertake such further studies as the Minister or MEC may deem necessary.
direct the person to cease the activity, either wholly or in part, and to rehabilitate the environment within such time and subject to such conditions as the Minister or MEC may deem necessary; or issue an environmental authorisation to such person subject to such conditions as the Minister or MEC may deem necessary.
A person who fails to comply with a directive contemplated in subsection (2) (a) or who contravenes or fails to comply with a condition contemplated in subsection (2) (b) is guilty of an offence and liable on conviction to a penalty contemplated in section 24F (4).
Amendment of section 24H of Act 107 of 1998, as amended by Act 8 of 2004 7.
Amendment of section 24 of Act 107 of 1998, as amended by Act 8 of 2004 8.
24J. The Minister may.
Amendment of section 24 of Act 107 of 1998, as amended by Act 8 of 2004 9.
Consultation between competent authorities and consideration of legislative compliance requirements of other organs of state having jurisdiction of an activitv or process which also requires environmental authorization under this Act, in resDect of the co-ordination of the requirements of the leqislation and any requlations promulqated under the Act, to avoid duplication in the submission of such information or the carwinq out of such processes.
The Minister or MEC may.
for purposes of the environmental authorization requirements provided in this Act. consider any of an activity or process which also requires environmental authorization under this Act.
local authorities and aovernment institutions from application of certain provisions to the Minister and every MEC. as the case may be, with the furnishing of reasons, for exemption from the application of anv provision of section 23 or 24 of this Act.
MEC. as the case may be. may after considering in writinq grant exemption from compliance with any of or all the provisions of section 23 or 24 of this Act.
in writinq withdraw the exemption concerned or at his discretion determine new conditions. J4 The Minister and every MEC, as the case may be. mav from time to time review any exemption granted or condition determined. and if he deems it necessary, withdraw such exemption or delete or amend such condition.
Any affected person may appeal to the Minister against a decision taken by any person acting under a power delegated by the Minister under this Act or a specific environmental management Act.
(2)Any affected person may appeal to the relevant MEC against a decision taken by any person acting under a power delegated by the MEC under this Act or a specific environmental management Act.
(c)any directive issued in terms of Chapter 5.
to (2) must be noted and must be dealt with in the manner prescribed and upon payment of a prescribed fee.
The Minister or MEC, as the case may be, may consider and decide an appeal or appoint an appeal panel to consider and advise the Minister or MEC on the appeal.
The Minister or MEC may, after considering such an appeal, confirm, set aside or vary the decision, provision, condition or directive or make any other appropriate decision, including the decision that the prescribed fee paid by the appellant, or any part thereof, be refunded.
@An appeal under this section does not suspend an environmental authorisation or exemption, or any provisions or conditions attached thereto, or any directive, unless the Minister or MEC directs otherwise.
2007 and commences on a date determineti by the President by proclamation in the Gazette.
<fn>GOV-ZA.29868En.2012-02-10.en.txt</fn>
Grace Naledi Mandisa Pandor, Minister of Education, after consultation with the Council of Education Ministers, hereby publish the Education Laws Amendment Bill, 2007, for comment.
Kindly provide the name, address, telephone and fax number and email address of the person or organisation submitting the comments.
The comments should reach the Department by 28 May 2007.
The Bill may also be obtained on www.education.gov.za.
To amend the National Education Policy Act, 1996, so as to amend the provision for the establishment of consultative bodies: to amend the South African Schools Act, 1996, so as to provide for minimum norms and standards for infrastructure and capacity in public schools; to provide for the functions and responsibilities of a principal; to provide for random search and seizure at schools; to provide for the substitution of "Auditing Profession Act, 2005" for "Public Accountants' and Auditors' Act, 1991"; to amend the National Student Financial Aid Scheme Act, 1999, so as to extend the functions of the board to cover eligible students at public further education and training colleges; to amend the South African Council of Educators Act, 2000, the Adult Basic Education and Training Act, 2000, and the General and Further Education and Training Quality Assurance Act, 2001, so as to make technical adjustments that result from the repeal of the Further Education and Training Act, 1998; and to provide for matters connected therewith.
Amendment of section 5 of Act 27 of 1996 1.
the Council;.
the deletion of paragraphs (a) to (9.
Amendment of section 11 of Act 27 of 1996 2.
or other bodies to advise him or her on [matters] any matter contemplated in section 3u or any matter identified bv the Minister [Provided that the Minister shall establish-].
The composition, qualifications for membership, duties, powers and functions of a body established in terms of subsection (I), and the term of office of its members, shall be as prescribed by regulation.
Provided that the bodies referred to in section 5(i)(c), shall be invited to nominate representatives to any such consultation body within their respective spheres of interest.'.
Act 100 of 1997, section 6 of Act 48 of 1999, section 1 of Act 50 of 2002 and section 1 of Act 24 of 2005 3.
"; and the insertion after the definition of "school" of the following definition: "'school activity' means any official educational, cultural, sportincl or social activity of the school within or outside the school premises;".
Insertion of section 5A in Act 84 of 1996 4.
capacity regarding the number of learners a school can admit; and provision of learning and teaching support material.
teaching support material and equipment; and digital support to a school.
curriculum and extracurricular choices.
Insertion of section 8A in Act 84 of 1996 5.
No person may bring a dangerous object or illegal drug into school premises or have such object or drug in his or her possession in school premises or during any school activity within or outside school premises.
all relevant evidence received; and the fact that it must be conducted in a manner that is reasonable and proportional to the suspected illegal activity.
it is done in a private area, and not in the view of another learner; and one witness, who is a person of the same gender as the learner, is present.
clearly and correctly labeled with the full particulars of the learner in whose possession it was found; and handed over to the police immediately.
take the dangerous object or illegal drug to the nearest police station; and hand the dangerous object or illegal drug over to the police.
The police officer who takes receipt of the dangerous object or illegal drug must issue an official receipt to the principal, or to his or her delegate, for any dangerous object or illegal drug handed over to him or her.
The principal or his or her delegate may at random administer a urine test to a learner who is reasonably suspected of using illegal drugs, after taking into account all relevant factors, contemplated in subsection (2).
within one day, inform the parents that a random test or search and seizure was done in respect of their children; and in cases where the urine tested positive, inform the learner and his or her parents of the result within a reasonable time.
The Minister must identify the device with which the urine test contemplated in subsection (7) will be done, and must publish the name of this device, and any other relevant information about it, in the Government Gazette.
a dangerous object or illegal drug is found in his or her possession; or his or her urine sample tested positive for illegal drugs.
(12)Any disciplinary hearing in respect of a learner must be conducted in terms of the code of conduct contemplated in section 8.
(13)The code of conduct must also provide for support measures or structures for counseling a learner.
Amendment of section 20 of Act 84 of I996 6.
the Head of Department in terms of section 16 as read with item 2.2 of Schedule 1 of the Emplovment of Educators Act, 1998 (Act No. 76 of 1998)to address the incapacitv of a principal or educator to carry out duties effectively.
of the Employment of Educators Act, 1998Act No.
Insertion of section 21A in Act 84 of 1996 7.
(ii) the use of available resources.
tabled in a governing body meeting.
The principal must report to the Head of Department and governing body annually by 30 June on progress made in the implementation of the plan as contemplated in paragraph (c).
and on behalf of the Head of Department, conduct the professional management of school, which includes, but is not limited to, the management of -all the educational programmes and curriculum activities at the school; all the educators and learning support material at the school, to ensure that the Head of Department delivers quality education at the school; the functions delegated to him or her by the Head of Department in terms of the Act; the safekeeping of the financial records of the school; the implementation of policy and legislation at the school; and all support staff of the school; attend and participate in all meetings of the governing body; provide the governing body with information about the professional management related to the school; assist the governing body in handling disciplinary matters pertaining to learners at the school; assist the Head of Department in handling disciplinary matters pertaining to educators and support staff employed by the Head of Department; inform the governing body about policy and legislation; and provide accurate data to the Head of Department when requested to do so.
obligation that he or she has towards the Head of Department, the Member of the Executive Council or the Minister where any one of them is, or may be, cited in any legal proceedings; or (d) provisions of the Employment of Educators Act, 1998 (Act 76 of 1998), and the Personnel Administration Measures determined in terms thereof.
A principal may not, on behalf of the governing body, give evidence against the Minister, Member of the Executive Council or Head of Department in any court case where the Minister, Member of the Executive Council or Head of Department is cited as a party to the case.
Amendment of section 43 of Act 84 of 1996 8.
to audit the records and financial statements referred to in section 42.
that there has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, such standards of performance; or that the safety of learners or staff of the public school is threatened.
The Head of Department must notify the Minster and the Member of the Executive Council of the notice issued to the public school as contemplated in subsection (2).
pertaining to the specific school.
The Minister must with 14 days approve or reject the notice as contemplated in subsection (2).
If the Minister approve the notice he or she must publish in the Government Gazette the names of those schools identified by the Head of Department.
The MEC must report annually to the Minister the extent to which h the norms Contemplated in subsection (1) have been implemented and if not measures taken to implement them.
determine the minimum and maximum capacity, contemplated in section 5A, of a school in relation to the availability of classrooms and teachers, as well as the curriculum programme of the school; and as from a date to be determined, in respect of each school in the province, communicate such determination to the chairperson of the governing body and the principal, in writing, by not later than 30 September of each year.
to determine what are the reasons for the under performance of the school.
The Head of Department must take al! reasonable steps to correct the under performance of the school.
The Head of Department without limiting the nature ana extend oi the steps contemplated in subsection (6) must consider -! to implement the Incapacity Code and Procedure for Poor Work Performance as prescribed by section 16 and Schedule 1 oi the Employment of Educators Act, No.
of Schedule 1 of the Employment of Educators Act, No. 76 of 1998, may include the appointment of an academic mentor to take over the responsibility and functions of the principal for the timeframe determined by the Head of Department.
[ NSFAS]; to provide for the granting of loans and bursaries to eligible students at public FET Colleaes and public higher education institutions[ and for]; to Drovide for the administration of such loans and bursaries; to provide for the recovery of loans; to provide for the repeal of the Provision of Special Funds for Tertiary Education and Training Act, 1993; and to provide for matters connected therewith.
Amendment of section 1 of Act 56 of 1999 11.
Act, 2006 Act 16 of 2006 r; and the substitution for the definition of "student" of the following definition: "'student' means any person registered as a student at an FET Colleae or at a higher education institution;".
Amendment of section 2 of Act 56 of 1999 12.
"(1) The purpose of this Act is to establish a financial aid scheme for students at FET Colleaes or at higher education institutions."
or to a higher education programme.
Amendment of section 5 of Act 56 of 1999 13.
of subsection (3) of the following paragraph: "(vi) higher education and FET College principals;".
Amendment of section 20 of Act 56 of 1999 14.
The board may enter into an agreement with an FET Colleae or a higher education institution which agrees to become a designated FET Colleae or a desianated higher education institution for purposes of administering loans and bursaries to students of that institution on behalf of the NSFAS.
at such intervals as are agreed on by the institutions and the board, report to the board on the progress made by a borrower or a bursar with regard to the course of study followed by him of her; and immediately notify the board if a borrower or bursar discontinues his or her studies.
Amendment of section 25 of Act 56 of 1999 15.
(2) The NSFAS must on request provide such information as may be reasonably required by the science, research and professional councils.
who grant2 loans or bursaries to students.
Amendment of section 1 of Act 31 of 2000 16. Section 1 of the South African Council for Educators Act, 2000, is hereby amended by the deletion of the definition of "further education and training institution".
Amendment of section 3 of Act 31 of 2000 17.
in terms of the Public Service Act, 1994 (Proclamation 103 of 1994); or at an adult learning centre.
one person nominated by national bodies representing independent or private institutions recognised by the Minister; and the chief executive officer of the council, subject to section 17.
must consist of educators, including principals.
early childhood sector; g with special education needs sector.
Amendment of section 8 of Act 52 of 2000 20.
Every public centre must establish a governing body, except a public centre contemplated in section 21 21fl)fd) of the South African Schools Act, 1996 (Act 84 of 1996), or section 9 of the Further Education and Training Act, 1998 (Act 98 of 1998)l.
Amendment of section 24 of Act 52 of 2000 21.
26 of 2005 1, to audit the records and financial statements referred to in subsection (I).
Amendment of section 2 of Act 58 of 2001 22.
Adult Basic Education and Training Act, 2000 (Act 52 of 2000).
Amendment of section 15 of Act 58 of 2001 23.
ME! 2007 No.
Auditins Profession Act, 2005 Act 26 of 2005 2, and appointed by the Council with the approval of the Auditor-General.
24 This Act may be cited as the Education Laws Amendment Act.
National Education Policy Act, No.
1.3 National Student Financial Aid Scheme Act, No.
1.4 South African Council for Educators Act, No.
1.5 Adult Basic Education and Training Act, No.
General and Further Education and Training Quality Assurance Act. No. 58 of 2001.
Given that the Further Education and Training Act, No. 98 of 1998,was repealed by section 58 of the Further Education and Training Colleges Act, No. 16 of 2006, it was necessary to delete all references to the former Act in other legislation. Similarly, the Public Accountants' and Auditors' Act, No. 80 of 1991,was repealed by the Auditing Profession Act, No. 26 of 2005. Hence, clauses 15, 16, 17, 18, 19, 20, 21 and 22 provide for the substitution of the new Act for the repealed one.
Clause 1 This clause amends section 5 so as to avoid overlapping with section 11. Teacher unions will be represented in the NETC established in terms of section 11. Therefore there is no need for the Minister to consult the unions as a separate body.
This clause amends section 11 of the NEPA, which provides for the establishment of the National Education and Training Council, a body that must advise the Minister on policy matters. The amendments table clearly the procedure to be followed whenever the minister considers the advice provided by the NETC. It also requires the NETC to advise the Minister on any aspect of school education on its awn initiative.
The NETC will focus on school education given that there are other bodies in other education sectors that advise the Minister on policy and other matters. For instance, the Council on Higher Education (CHE) advises the Minister on matters relating to higher education sector, the National Board for Further Education and Training advises the Minister on matters relating to the college sector and the National Advisory Board for Adult Basic Education and Training advises the Minister on literacy matters.
The Bill introduces new definitions to SASA, such as "dangerous objects", "illegal drug" and "search and seizure". This will assist in the interpretation of clause 5 of the Bill.
The SASA provides for, amongst others, norms and standards for school funding. However, it does not provide for norms and standards for school infrastructure, capacity, and learning and teaching support material. Consequently, there are some schools that do not have toilets, electricity, water and libraries, to mention only a few. The Act is amended to require the Minister to determine the minimum norms and standards in respect of schools' infrastructure and capacity and matters such as learning and teaching support materials.
The Regulations for Safety Measures at Public Schools did not adequately address the mischief that they were designed to remedy -that is, to stop the proliferation of dangerous objects and drugs at schools. It was therefore necessary to strengthen these Regulations by way of allowing random search and seizure and drug testing at schools. This clause also provides for checks and balances, seeing that, if not properly implemented, these measures could be abused.
The new provisions provide clear guidelines about the circumstances under which random search and seizure and drug testing should be conducted.
all relevant evidence received.
This clause of the Bill assists in the alignment of the Regulations for Safety Measures at Public Schools with the SASA.
This amendment is aimed at aligning the SASA with the Employment of Educators Act where the Head of Department will take action against the principal of a school which consistently under-performed in regard to academic performance. Item 2.2 of Schedule 1 to the Employment of Educators Act provides the Head of Department with actions that he or she can take against such a principal which include counseling and training.
The SASA expressly lists the functions and obligations of the SGB, but does not do so in the case of the school principal. To remedy this shortcoming, clause 21A clearly spells out the functions and responsibilities of the school principal. For instance, the management function has been explained to include the management of educational programmes, educators, non-educators, functions assigned by the Head of Department and communication with the SGB on policy and legislative obligations.
This new clause will create legal certainty as to what exactly the functions and responsibilities of the school principal are vis-a-vis those of the SGB.
The functions and responsibilities have also been linked to the Employment of Educators Act, No. 76 of 1998 (the EEA), and the Personnel Administration Measures of 1999 (the PAM) -namely, that any assistance that the school principal gives the SGB must not be in conflict with the EEA and the PAM.
The SASA still provides for the Public Accountants' and Auditors Act in section 43(1).
has accordingly been amended.
The NSFASA was designed to provide bursaries and loans to students studying at tertiary institutions only. The Act has been amended so as to extend the functions of the Board, which will now also cater for students who have been admitted at FET colleges.
It is therefore reasonable for one Board to serve both categories of students, as this will save costs.
After publication for comment, the Bill will be referred to the National Treasury, the Department of Social Development, and the Department of Safety and Security. The Department will also supply stakeholders with copies 3.
The Bill merely provides for amendments to existing legislation and, therefore, no additional costs are foreseen.
5.1 The State Law Advisers and the Department of Education's Legal Section are of the opinion that this Bill must be dealt with in accordance with the procedure prescribed by section 76 of the Constitution, since it falls within the functional area listed in Schedule 4 of the Constitution.
of the Traditional Leadership and Governance Framework Act, No. 41 of 2003, seeing that it does not contain provisions pertaining to customary law or to the customs of traditional communities.
<fn>GOV-ZA.29879bEn.2012-02-10.en.txt</fn>
The Minister of Public Enterprises intends to introduce the South African Express Enabling Bill 2007.
Or e-mail to: Denzel. Matiila@dpe.qov.
Denzel can be reached at (012) 431 113111194 for enquiries.
(As introduced in the National Assembly (proposed as section 75): explanatory summary of Bill published in Government Gazette No.
To provide for the transfer of shares, loan accounts, liabilities and guarantees from Transnet Limited in South African Express (Proprietary) Limited to the State, to provide for the conversion of South African Express (Proprietary) Limited into a public company having a share capital incorporated in terms of the Companies Act, 1961; and to provide for matters connected therewith.
131 "Legal Succession Act" means the Legal Succession to the South African Transport Services Act, 1989 (Act No.
"PFMA" means the Public Finance Management Act, 1999 (Act No.
Transnet and the State.
the conversion of South African Express (Proprietary) Limited into a public company with share capital.
which of the SAX claims and which assets, liabilities, rights or obligations of Transnet in connection with SAX constitute the SAX interests; and b the consideration payable for the transfer of the SAX shares and the SAX interests to the State.
In the absence of an agreement between the Minister and Transnet on any matter referred to in section 3(1), that matter must be finally determined by the Minister, with the concurrence of the Minister of Finance.
the State becomes the shareholder and member of SAX; and b the Minister shall exercise all of the rights attaching to the SAX shares and SAX interests, on behalf of the State, including the rights as shareholder and member of SAX.
The main object of SAX is to engage in passenger airline and cargo transport services, mail, air charter and other related aviation services in South Africa, the African continent and surrounding islands.
of the Companies Act, none of the objects ancillary to the main objects of SAX are excluded.
Subject to the PFMA, SAX may borrow money or issue a guarantee, indemnity or security, or enter into any transaction necessary to achieve its obiects referred to in section 4.
After the transfer date, the Minister may on behalf of the State request the Registrar of Companies in writing to convert South African Express (Proprietary) Limited into a public company having a share capital in accordance with the Companies Act.
register the conversion of South African Express (Pty) Ltd.
No additional fee referred to in section 63 (2) of the Companies Act is payable in respect of the registration of the memorandum and articles referred to in subsectio (3) (a).
The Registrar of Companies must issue such directives and authorise such deviations from the egulations in force in terms of the Companies Act and the documents prescribed in terms thereof as he or she may consider necessary in order to give effect to this section.
of the Companies Act do not apply to South African Express Limited for so long as the State holds 75 per cent or more of the total issued ordinary shares in the Company.
The Minister may, by notice in the Government Gazette. make regulations regarding any ancillary or incidental administrative or procadural matter that it is necessary to prescribe for the proper implementation or administration of this Act.
Africa by proclamation in the Gazette.
1.1 In 2004 the Minister approved the disposal of non-freight assets from Transnet Limited ("Transnet") as part of Transnet's new four-point turn around strategy. The Minister of Public Enterprises has agreed with Transnet to transfer Transnet's entire shareholding, including claims in and to SAX in terms of a share sale agreement. This agreement will be subject to the fulfilment of certain suspensive conditions, which will include the passing of any legislative mandate required to implement the transfer. The SAX Bill is part of such legislative mandate.
1.2 The Bill provides flexibility for funding and private sector involvement as well as the possibility that SAX may be converted into a public company. Public companies are generally recognised as the optimal corporate form to access capital markets and enable future private sector investment, where necessary.
2.2 the conversion of SAX into a public company with share capital.
Transnet and SAX.
24 No. 29879 GOVERNMENT GAZETTE. 11 MAY 2007 4.
International Licensing Council and replacing Transnet as the present guarantor.
of the Constitution applies.
of the Traditional Leadership and Government Framework Act, 2003, (Act. No.41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.29893En.2012-02-10.en.txt</fn>
I, Bryce Mathemba Ngconde Balfour, Minister of Correctional Services, hereby publish the Correctional Services Amendment Bill, 2007, for general information.
(As introduced in the National Assembly as a section 75-BiI/; explanatory summary of Bill published in Government Gazette No.
To amend the Correctional Services Act, 1998, so as to insert, substitute amend or delete certain definitions; to make further provision for the manner in which prisoners are detained; and for the manner in which correctional centres are to be managed; to authorise the Minister of Correctional Services to determine, under certain conditions, the period before a prisoner may be placed on parole; to make further provision for matters relating to Correctional Supervision and Parole Boards and the Judicial Inspectorate; to provide for compliance management and monitoring of relevant prescriptions; a Departmental Investigation Unit and a unit dealing with the institution of disciplinary procedures; to further regulate matters relating to officials of the Department of Correctional Services; and the powers of the Minister to make regulations; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa as follows: Amendment of section 1 of Act 111 of 1998, as amended by section 1 of Act 32 of 2001 1.
by the insertion after the definition of "Controller" of the following definitions: " 'correctional centre' means any place established under this Act as a place for the reception, detention, confinement. training or treatment of persons liable to detention in custody or to placement under protective custody, and all land, outbuildings and premises adjacent to any such place and used in connection therewith and all land, branches, outstations, camps, buildings, premises or places to which any such persons have been sent for the purpose of incarceration, detention, protection, labour, treatment or otherwise, and all guarters of correctional officials used in connection with any such correctional centre. and for the purpose of sections 115 and 117 of this Act includes every place used as a police cell or lock-up; 'Correctional medical officer' means a medical practitioner registered in terms of Health Professions Act. 1974 (Act No. 56 of 1974) and appointed in terms of section 3 (4); 'Correctional sentence plan' means a plan for each offender guiding interventions aimed at addressing the risks and needs of the offender as identified during the in-depth risk assessment to correct the offending behaviour. It spells out what services and programmes are required to target offending behaviour and to help the offender develop skills to handle socio-economic conditions that led to criminality. It also spells out services and programmes needed to enhance the offender's social functioning.
by the insertion after the definition of "non-parole period" of the follOWing definition:..
by the substitution for the definition of "unsentenced prisoner" of the following definition: " 'unsentenced [prisoner] inmate' means any person who is lawfully detained in [prison] a correctional centre, but who has not been sentenced to [imprisonment] incarceration;".
Amendment of section 13 of Act 111 of 1998 2.
"ill The Commissioner may allow community organisations, non-governmental organisations and religious denominations or organisations to interact with inmates in order to facilitate the rehabilitation and integration of the inmates in the community.".
Amendment of section 16 of Act 111 of 1998, as amended by Act 32 of 2001 3.
"(1) The Department may provide correction! development and [support] care programmes and services even when not required to do so by this Act.".
Amendment of section 20 of Act 111 of 1998, as amended by section 10 of Act 32 of 2001 4.
"(1) A female [prisoner] inmate may be permitted, subject to such conditions as may be prescribed by regulation, to have her child with her until such child is [five] two years of age.".
Amendment of section 24 of Act 111 of 1998 5.
"(a) A hearing before a Head of [Prison] .§!. Correctional Centre or the authorised official must be conducted informally and without representation depending on the nature and seriousness of the infringement."
"(d) [in the case of serious or repeated infringements, solitary confinement] detention in a single cell for a period not exceeding 30 days."
(7) (a) At the request of the [offender] inmate proceedings resulting in any penalty other than [solitary confinement] detention in a single cell must be referred for review to the National Commissioner.
The National Commissioner may confirm or set aside the decision or penalty and substitute an appropriate order for it.
"@ In the case of serious or repeated infringements the disciplinary official may direct the inmate to be segregated in order to undergo programmes aimed at correcting his or her behaviour.".
Substitution of section 25 of Act 111 of 1998 6.
[A penalty of solitary confinement] Before an inmate is detained in a single cell the matter must be referred to the [Inspecting Judge] Inspector General for Correctional Services for review. The [Inspecting Judge] Inspector General for Correctional Services must within three days, after considering the record of the proceedings and a report from a registered nurse, psychologist or the Correctional medical officer on the health status of the [prisoner] concerned, confirm or set aside the decision [or penalty] and substitute an appropriate order for it.
[The penalty of solitary confinement] A decision to detain an inmate in a single cell may only be implemented when the [inspecting Judge] Inspector General for Correctional Services has confirmed such [penalty] decision.
[A prisoner in solitary confinement] An inmate detained in a single cell must be visited at least once every four hours by a correctional official, once a day by the [Head of Prison] Head of Correctional Centre, and his or her health assessed once a day by a registered nurse or psychologist or a Correctional medical officer.
[Solitary confinement] Detention in a single cell must be discontinued if in the view of the registered nurse, psychologist or Correctional medical officer it poses a threat to the physical or mental health of the [prisoner] inmate.
Amendment of section 27 of Act 111 of 1998, as amended by section 14 of Act 32 of 2001 7.
"(d) searches contemplated in subsections (1) and (2) must be authorised by the Head of [Prison] the Correctional Centre but searches in terms of subsection (2)(b) , (c), (d) and (e) must be executed or supervised by a registered nurse, Correctional medical officer or S!. medical practitioner other than a correctional official, depending on the procedure necessary to effect the search.".
Amendment of section 30 of Act 111 of 1998, as amended by section 16 of Act 32 of 2001 8.
"{gl to affect programmes as contemplated in section 24(8).".
Amendment of section 31 of Act 111 of 1998, as amended by section 17 of Act 32 of 2001 9.
"(2) [A prisoner] An inmate may not be brought before court whilst in mechanical restraints [except handcuffs or leg-irons], unless authorised by the court."
and (c), exceed seven days.
"(d) All cases of the use of mechanical restraints must be reported immediately by the Head of the Correctional Centre to the National Commissioner and to the Inspector General for Correctional Services."
by the deletion of subsection (4).
Amendment of section 37 of Act 111 of 1998 10.
".l1.ill In order to furnish sentenced inmates the opportunity to comply with the obligations contemplated in subsection (1). the Department must. as far as it is possible, apply a management regime which consists afM good communication between correctional officials and inmates. which is understood by everyone; {j2J. team work; {Ql direct, interactive supervision of inmates; fs1l. assessment of inmates; lill needs-driven programmes in a structured day and correctional plan: (fl the provision of multi-skilled staff in an enabling and resourced environment; I9l a restorative, developmental and human rights approach to inmates: and ilJl delegated authority with clear lines of accountability.".
Amendment of section 38 of Act 111 of 1998 11.
by the insertion after subsection (1) of the following subsection:. l1.ill @l As soon as possible after the assessment contemplated in subsection (1) the Case Management Committee must compile a Correctional sentence plan in relation to the inmate's future in the correctional centre.
f.!2l The Correctional sentence plan must address each of the matters and needs referred to in subsection 1 I.
"(2) In the case of a sentence of [imprisonment of 12 months or more] incarceration exceeding 24 months, the manner in which the sentence should be served must be planned in the light of [this] the assessment and plan referred to in subsections (1) and (1A) and any comments by the sentencing court.".
Amendment of section 40 of Act 111 of 1998, as amended by section 21 of Act 32 of 2001 12.
(1) @ Sufficient work must as far as is practicable be provided to keep [prisoners] inmates active for a normal working day and [a prisoner] an inmate may be compelled to do such work.
{Q1. Such work must as far as is practicable be aimed at providing the inmate with market related skills in order to be gainfully employed in society on release.
Amendment of section 41 of Act 111 of 1998 13.
(2) @l Sentenced [prisoners] inmates who are illiterate or children [may be compelled to] must take part in the educational programmes offered in terms of subsection (1).
f12l Such programmes may be prescribed by regulation.
"(4) The Department must provide as far as practicable other correction, development and [support] care programmes which meet specific needs of sentenced [prisoners] offenders, and which must include programmes aimed at addressing reconciliation of the inmates with the community and healing relationships with victims."
"(6) Sentenced [prisoners] offenders may be compelled to participate in programmes and to use services offered in terms of subsections (1), (3) and (4) where [in the opinion of the Commissioner] the assessment procedure in terms of section 38 shows a need that their participation is necessary, having regard to the nature of their previous criminal conduct and the risk they pose to the community and to other offenders.".
Amendment of section 42 of Act 111 of 1998, as amended by section 22 of Act 32 of 2001 14.
"(e) [at the request of the Area Manager), submit a report as contemplated in paragraph (d) to [him or her) the National Commissioner in respect of any [prisoner] inmate sentenced to [12 months' imprisonment] 24 months incarceration or less."
"(3) [A prisoner] An offender must be informed of the contents of the report submitted by the Case Management Committee to the Correctional Supervision and Parole Board or the [Area Manager] National Commissioner and be afforded the opportunity to submit written representations to the Correctional Supervision and Parole Board or [Area Manager] National Commissioner, as the case may be.".
Amendment of section 50 of Act 111 of 1998 15.
(1) {ill.
{jy} to enable persons subject to community corrections to be fully integrated into society when they have completed their sentences or when they no longer pose a threat to society or the law.
fJ1l These objectives do not apply to restrictions imposed in terms of sections 62(f) or 71 of the Criminal Procedure Act.
Amendment of section 52 of Act 111 of 1998 16.
"fLi.
Amendment of section 57 of Act 111 of 1998 17. Section 57 of the principal Act is hereby amended by the deletion of subsection (5).
Amendment of section 58 of Act 111 of 1998, as amended by section 25 of Act 32 of 2001 18.
(b) submit a report and advise the Correctional Supervision and Parole Board or the National Commissioner. as the case may be.
Substitution of section 67 of Act 111 of 1998 19.
Where there is a reasonable suspicion that a person has used or} abused alcohol or used illegal drugs in contravention of a condition set in terms of section 52(1)(k), a correctional official may require such a person to allow a designated medical officer to take a blood or urine sample in order to establish the presence and concentration of alcohol or drugs in the blood or urine.
Amendment of section 68 of Act 111 of 1998 20.
"ill The Commissioner may appoint persons in terms of section 96(4) to assist correctional officials in such monitoring."
Amendment of section 70 of Act 111 of 1998 21.
"(a) A warrant issued in terms of subsection [(1)(c)] (1)(a)(iii) may be executed by any peace officer as defined in section 1 of the Criminal Procedure Act."
Amendment of section 71 of Act 111 of 1998 22.
"(3) If such person fails to appear, the commissioner may issue a warrant in terms of section [70(1)(c)] 70(1)(a)(iii) for his or her arrest."
Amendment of section 73 of Act 111 of 1998, as amended by section 27 of Act 32 of 2001 23.
in the case of [a prisoner] an offender sentenced to life [imprisonment on day parole or on parole] incarceration, on a date to be determined by the [court] Minister, after receipt of a recommendation in this regard from the National Council.
(6) (a) Subject to the provisions of paragraph (b), [a prisoner] an offender serving a determinate sentence may not be placed on parole until such [prisoner] offender has served either the stipulated non-parole period, or if no non-parole period was stipulated, [half of the sentence, but parole must be considered whenever a prisoner has served 25 years of a sentence or cumulative sentences] the period as determined by the Minister, in consultation with the National Council and after taking into consideration the sentence framework and the Department's capacity to rehabilitate them.
[imprisonment] incarceration for corrective training, may be detained in a [prison] correctional centre for a period, [of two years] and may not be placed on parole until he or she has served such period.
[imprisonment] incarceration for the prevention of crime, may be detained in a [prison] correctional centre for a period, [of five years] and may not be placed on parole until he or she has served [at least two years and six months] such period, as determined by the Minister.
[imprisonment] incarceration contemplated in section 51 or 52 of the Criminal Law Amendment Act, 1997 (Act No.1 05 of 1997), may not be placed on parole unless he or she has served [at least four fifths of the term of imprisonment imposed or 25 years, whichever is the shorter, but the court, when imposing imprisonment, may order that the prisoner be considered for placement on parole after he or she has served two thirds of such term] a period as determined by the Minister, in consultation with the National Council and after taking into consideration the sentence framework and the Department's capacity to rehabilitate them.
A person who has been declared an habitual criminal may be detained in a [prison] correctional centre for a period, [of 15 years] and may not be placed on parole until after a period, [of at least seven years] as determined by the Minister. in consultation with the National Council and after taking into consideration the sentence framework and the Department's capacity to rehabilitate them.
A person sentenced to [imprisonment] incarceration under section 276(1)(i) of the Criminal Procedure Act, must serve [at least one sixth of his or her sentence] a period of his or her sentence as determined by the Minister, in consultation with the National Council and after taking into consideration the sentence framework and the Department's capacity to rehabilitate them, before being considered for placement under correctional supervision, unless the court has directed otherwise, but if more than one sentence has been imposed under section 276(1)(i) of the said Act, the person may not be placed under correctional supervision for a period exceeding five years.
If a person has been sentenced to [imprisonment] incarceration under section 276(1)(i) of the Criminal Procedure Act. and to [imprisonment] incarceration for a period not exceeding five years as an alternative to a fine the person must serve [at least one sixth of the effective sentences] the period determined by the Minister. in consultation with the National Council and after taking into consideration the sentence framework and the Department's capacity to rehabilitate them, before being considered for placement under correctional supervision, unless the court has directed otherwise.
STAATSKOERANT, 18 MEl 2007 No.
a period not exceeding five years as an alternative to a fine, the person shall serve [at least a quarter of the effective sentences imposed] period of his or her sentence as determined by the Minister, in consultation with the National Council and after taking into consideration the sentence framework and the Department's capacity to rehabilitate them, or the non-parole period, if any, whichever is the longer, before being considered for placement under correctional supervision, unless [the court has directed otherwise] such sentence has been converted into correctional supervision in accordance with section 276A(3) of the said Act.
Amendment of section 74 of Act 111 of 1998, as amended by section 28 of Act 32 of 2001 24.
"(3) The Commissioner must designate [one of] the correctional [officials] official referred to in subsection (2)(e) to act as a secretary for a Board.".
"(8) A member of a Board who is not in the full-time service of the State, may receive such remuneration and allowances as the National Commissioner may, on the recommendation of the [Commission for Administration] Department for Public Service and Administration, determine [with the concurrence of the Minister of Finance].".
Amendment of section 75 of Act 111 of 1998, as amended by section 29 of Act 32 of 2001 25.
by the substitution in subsection (1) for the words preceding paragraph (a) of the following wor-ds: "A Correctional Supervision and Parole Board.
"gJ. Despite paragraphs (a), (b) and (C), a Correctional Supervision and Parole Board may, whenever it acts in terms of subsection (1 l, reguest any inmate to present oral representations in order to clarify matters contained in his or her representation submitted to the Case Management Committee in terms of section 42(3)."
"(8) A decision of the Board is final except that the Minister [or] the National Commissioner or the Inspector General for Correctional Services may refer the matter to the Correctional Supervision and Parole Review Board for reconsideration. in which case the record of the proceedings before the Board must be submitted to the Correctional Supervision and Parole Review Board.".
Amendment of section 76 of Act 111 of 1998 26.
"(b) a director [or a deputy director] of Public Prosecutions or a person nominated bv that director;".
Amendment of section 77 of Act 111 of 1998 27. Section 77 of the principal Act is hereby amended by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: "On consideration of a record submitted in terms of section 75 and any submission which the Minister, National Commissioner, Inspector General for Correctional Services or [person] the inmate concerned may wish to place before the Correctional. Supervision and Parole Review Board, as well as such other evidence or argument as is allowed, the Correctional Supervision and Parole Review Board must-".
Substitution of section 78 of Act 111 of 1998 28.
If the [court] Minister refuses to grant parole or day parole in terms of subsection (1), [it] the Minister may make recommendations in respect of treatment, care, development and support of the [prisoner] offender which may contribute to improving the likelihood of future placement on parole or day parole.
Where a Correctional Supervision and Parole Board acting in terms of section 73 recommends, in the case of a person sentenced to life imprisonment, that parole or day parole be withdrawn or that the conditions of community corrections imposed on such a person be amended, the [court] Minister, on advice of the National Council, must consider and make a decision upon the recommendation.
Where the [court] Minister refuses or withdraws parole or day parole the matter must be reconsidered by the court] Minister, on advice of the National Council, within two years.
Substitution of section 79 of Act 111 of 1998 29.
Parole Board or, in the case of a person serving a life sentence.
Minister, as not being capable of committing crime in future.
[court] Minister, as the case may be, to die a consolatory and dignified death.
Amendment of section 80 of Act 111 of 1998 30.
"(2) Special remission in terms of this section may not result in the [prisoner] offender serving less than a stipulated non-parole period or [half of his or her original sentence] period stipulated by the Minister. in consultation with the National Council and after taking into consideration the sentence framework and the Department's capacity to rehabilitate them.".
Amendment of section 82 of Act 111 of 1998 31. Section 82 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph: "(a) at any time authorise the placement on correctional supervision or parole of any sentenced [prisoner] inmate, subject to such conditions as may be recommended by the Correctional Supervision and Parole Board under whose jurisdiction such [prisoner] inmate may fall or, in the case of [a prisoner] an inmate serving a life sentence, by the [court] Minister; and".
Amendment of section 83 of Act 111 of 1998 32.
"(4) The Minister must appoint one of the judges referred to in subsection (2)(a) as chairperson and the other two as [vice-chairperson] vice-chairpersons of the National Council."
Substitution of heading to Chapter IX of Act 111 of 1998 33.
Substitution of section 85 of Act 111 of 1998 34.
The [Judicial Inspectorate of prisons] Office of the Inspector-General for Correctional Services is an [independent] independent office under the control of the Inspecting Judge.
The object of the [Judicial Inspectorate] Office of the Inspector-General for Correctional Services is to facilitate the inspection of prisons in order that the Inspecting Judge may report on the treatment of prisoners in prisons and on conditions in prisons.
Substitution of section 86 of Act 111 of 1998 35.
a jUdge of the High Court who is in active service as defined in section 1(1)(31) of the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No.
[a judge who has been discharged from active service in terms of section 3 of the said Act] a legal practitioner of not less than 10 years' experience in legal practice. on recommendation of the Minister.
An [Inspecting Judge] Inspector General for Correctional Services who is a judge in active service must be seconded from the Supreme Court of Appeal or the High Court and holds office as such during the period of active service or until the [Inspecting Judge] Inspector General of Correctional Services requests to be released to resume judicial duties.
The [Inspecting JUdge] Inspector General for Correctional Services contemplated in@1 subsection (1 lea) continues to receive the salary, allowances, benefits and privileges attached to the office of a judge: and {Ql subsection (1)(I)) receives the salary. allowances, benefits and the privileges attached to the office of a judge of the High Court.
Repeal of section 87 of Act 111 of 1998 36. Section 87 of the principal Act is hereby repealed.
Repeal of section 88 of Act 111 of 1998 37. Section 88 of the principal Act is hereby repealed.
Substitution of section 89 of Act 111 of 1998, as amended by section 32 of Act 32 of 2001 38.
fl2l such officers in the public service seconded to the Office of the Inspector-General for Correctional Services in terms of the laws governing the public service.
The conditions of service including salaries and allowances of such officers are regulated by the Public Service Act.
Amendment of section 90 of Act 111 of 1998 39.
"(1) The [Inspecting Judge] Inspector General for Correctional Services inspects or arranges for the inspection of [prisons] correctional centres in order to report on the treatment of [prisoners in prisons] inmates in correctional centres and on conditions [and any corrupt or dishonest practices in prisons] in correctional centres."
"(a) The [Inspecting Judge] Inspector General for Correctional Services must submit an annual report to the [President and the] Minister.".
by the deletion of subsections (7) and (8).
Amendment of section 92 of Act 111 of 1998 40.
(1) The [Inspecting Judge] Chief Executive Officer must as soon as practicable, after publicly calling for nominations and consulting with community organisations, appoint an Independent [Prison] Correctional Centre Visitor for any [prison or prisons] correctional centre or correctional centres.
An Independent Prison Visitor holds office for such period as the [Inspecting Judge] Chief Executive Officer may determine at the time of such appointment after consultation with the Inspector-General for Correctional Services.
The service of an Independent Prison Visitor may be suspended or terminated in terms of any law regulating their conditions of employment.
Amendment of section 93 of Act 111 of 1998 41. Section 93 of the principal Act is hereby amended by the deletion of subsection (8).
Substitution of heading to Chapter XI of Act 111 of 1998 42.
Amendment of section 95 of Act 111 of 1998, as amended by section 34 of Act 32 of 2001 43.
The National Commissioner must [conduct an internal service evaluation] monitor compliance to relevant prescriptions by means of internal auditing, performance auditing, inspections and investigations to promote the economical and efficient operation of the Department and to ensure that the objectives and principles of this Act are met.
investigating theft, fraud, corruption and any other dishonest practices or irregularities.
The National Commissioner must establish appropriate mechanisms for [internal service evaluation] compliance monitoring.
(3A) (a) The Commissioner must establish a unit to deal with matters in terms of subsections (2)(f) and (g) and (3).
may in the manner prescribed by regulation enter and search any departmental premises and seize any departmental record.
The Commissioner must include in the annual report to Parliament, an account of the process and results of the internal service evaluation.
The Commissioner must, on request, send a copy of all internal service evaluation reports to the Inspecting Judge.
Insertion of section 95A, 95B and 95C in Act 111 of 1998 44.
95A. The National Commissioner must establish a unit to investigate theft, fraud, corruption and maladministration by correctional officials.
The National Commissioner must establish a unit to institute disciplinary procedures and to prosecute in disciplinary matters referred to in section 95A.
1l2l the investigations contemplated in section 95A; and f.sj the disciplinary proceedings contemplated in section 95B.
G.2 The National Commissioner must, on request, send a copy of any report or account contemplated in subsection (1) to the Inspector General for Correctional Services.
Amendment of section 96 of Act 111 of 1998, as amended by section 25 of Act 32 of 2001 45.
by the substitution for subsection (2) of the following subsection: (2) @l Subject to the provisions of subsection (1), the relationship between the Department as employer and every correctional official in the service of the Department is regulated by the provisions of the Labour Relations Act and the Public Service Act.
il2l Notwithstanding item 6(2) of Schedule 8 to the Labour Relations Act. where the whole or part of the services of the Department is designated as an essential service in terms of section 71 of that Act. and an official who provides such service participate in a strike that does not comply with the provisions of chapter IV of that Act and the strike constitutes a threat to the safetv of inmates, officials or the public. the official in question may be summarily dismissed. if such dismissal is substantively fair, as contemplated in item 6(1) to that Schedule.
"(5) The provisions relating to the retirement resignation or discharge of correctional officials contained in the Correctional Services Act, 1959 (Act 8 of 1959), remain in force unless amended in the Bargaining Council for the Department of Correctional Services in terms of the Labour Relations Act.".
Amendment of section 98 of Act 111 of 1998 46. Section 98 of the principal Act is hereby amended by the substitution for the following section: "Any professional correctional official appointed by the National Commissioner to work directly with [prisoners] inmates and persons subject to community corrections retains their professional [independence] discretion, but is still subject to all the prescripts applicable to correctional officials not in conflict with their ethical or professional code.".
Amendment of section 101 of Act 111 of 1998, as amended by section 37 of Act 32 of 2001 47.
"fsil investigating theft, fraud, corruption and maladministration by correctional officials."
the delay in obtaining such a warrant would defeat the object of the search.
Amendment of section 123 of Act 111 of 1998 48.
"(4) fEl Any person who is not satisfied with the decision of the National Commissioner to grant or refuse permission in terms of subsections (2) and (3), may within 10 days after being informed of the decision refer the matter to the [Inspecting Judge] Minister. il2l The [Inspecting Judge] Minister must confirm or set aside the decision.".
Substitution of section 124 of Act 111 of 1998 49.
{Ql the prescribed inmate dress, or anything deceptively resembling them is guilty of an offence and liable on conviction to a fine or, in default of payment, to [imprisonment] incarceration for a period not exceeding [six]. ill months or to such [imprisonment] incarceration without the option of a fine or both.
Amendment of section 134 of Act 111 of 1998, as amended by section 41 of Act 32 of 2001 50.
"(hh) the appointment and conditions of service, including the disciplinary code and procedures.
by the deletion of subparagraph (hh).
Amendment of section 136 of Act 111 of 1998, as amended by section 42 of Act 32 of 2001 51.
n(4) If a person is sentenced to life [imprisonment] incarceration after the commencement of Chapters IV, VI and VII while serving a life sentence imposed prior to the commencement, the matter must, [after the prisoner has served 25 years accumulatively, be referred to the court which imposed the last sentence of life imprisonment for consideration of] be referred to the Minister, who must in consultation with the National Council, consider him or her for placement under day parole or parole.
Substitution of certain words in Act 111 of 1998 52. The principal Act is hereby amended by the substitution for the words specified in Column 1, wherever they occur, of the words specified opposite thereto in Column 2.
This Act is called the Correctional Services Amendment Act, 2007.
The Amendment Bill will amend the Correctional Services Act, 1988 (Act No 111 of 1998) to be aligned with the White Paper on Correctional Services which arises out of a need for a long-term strategic policy and operational framework that recognises corrections as a societal responsibility and to gear the Department for appropriate programmes to serve a rehabilitation mission to ensure security of members of the Department, the inmates and the public at large.
The White Paper is setting a new direction with major challenges to both the broader society and the Department, to the broader society the main challenge is restoration of cohesion of both the family and community levels as the family is the primary level and the community institutions are the secondary level at which correction must necessarily take place.
The degree of dysfunctionality at these levels has to be addressed if the rate of new convictions is to decrease and the level of recidivism is to be curtailed.
The Department positioning itself at a tertiary level of intervention is looking forward to encouraging these basic societal instructions to recognise their strategic roles in nation building in general and in correction in particular, while building the appropriate institutional capacity to be able to deliver on our core mandate of the promotion of social responsibility and human development, and the correction of offending behaviour.
5.6 After Care Intending to ensure successful re-integration through appropriate interventions directed at both the inmate and relevant societal institutions.
The implementation of the Bill will be covered by the Implementation plan of the White Paper within the normal Medium Term Expenditure Framework.
The State Law Advisors and the Department of Correctional Services are of the view that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
<fn>GOV-ZA.29897fEn.2012-02-10.en.txt</fn>
38 No. 29897 GOVERNMENT GAZETTE.
Management Act means the Public Finance Management Act.
research'' means the generation, preservation.
1968 Act continues lo exist as section 22 of this Act.
Objects of Council or and applied sciences, and to gather, analyse publish data.
Minister, as it my fit; and my and of with he concurrence of die for of developing.
Act. 1973(Act No.61of 1973).
that development of the human sciences.
The mister which must 1x!
in subsection ()(a?
In broadly the field of the sciences.
At lest other appointed to the Board must Ik the Board ceases notice or benefit of.
1997 (Act No.
(8)Subject 10 dissolve the Board.
hold office or is removed of subsection (7).
No member than term.
whu is nul in the full-time employ of the State or who is not in the employ of the Council must be paid my determine.
it such times as determine the its meetings.
sp:d meeting within 14 days of the receipt o?
3 meeting of the Board.
Lo her or his deliberative vote.
my of the my matter she or her or functions 3s of the in: a unbiased and prop manner.
Committees one or mom such functions of the Board, s the Board may determine.
it my it committee.
(5)The Bond is not ahsotvrd from the performance of my function %signed may advise of the Council.
20 aid the other democratic values aid enshrined in the Constitution.
Council. subject to the directions and to the require.
If the chief executive ollicer of less than two months without the concurrence of the Minister. appoint any.
An acting chid executive officer has all the powers and may performall the duties of thc not for more than two consecutive terms.
(2)end (3), fa) must, on such conditions us she or he my determine.
SO in subsection (I); and for remuneration, allowances, in subsection (I) in may he!
by of the Minister of Finance. 55 12.
who is in with his or her consent and subject to the laws governing the public service aid the approval of the chief executive ulticer.
(3)The rights, privileges <and or service a,.
an employee of the Council, the Stiite or: m aid not be affected by of as the Minister with the concurrence or to the its functions.
Council may in its discretion, hut subject to such conditions as the Minister my its rights conternplaled in subsection (1).
or community can in the benefits arising fmm such protection.
Council in tern of subsection (2).
Council 45 16.
to the Council from any other source.
Council must utilise its funds to defray the exlxnses incurred by functions under this Act.
46 No.
in such ii that the Minister may approve.
subject to such conditions as it of any function this Act.
in by the Board or the chief executive officer.
Sciences Research Act.
(Act No. 23 of 1968).
Act. 1980 (Act No. 25 of 1980).
(Act No. 99 of 1990). an hereby repealed.
No. 23 of 1968.
prior and which 'my done in terms or the provisions regarded as ken done in tm?
Baud in terns of the anything done in connection with thnt matter must he regarded a?
such repeal, after as it until it is replaced of this Act.
Act is called the Human Sciences Research Council Act, ZW7.
This result which wm panel of local set justified.
1968 (Act No. 23 of 1968) (the and for !
2.2 The objects aid applied research in human sciences. and to gather, analyse publish data.
Republic or since it contains no provision to which the procedure. set out in section 14 or 16 applies.
<fn>GOV-ZA.29897gEn.2012-02-10.en.txt</fn>
To provide for the preservation and protection of the areas within the Republic that are uniquely suited for optical and radio astronomy; to provide for the intergovernmenlal co-operation and public consultation on matters concerning nationally significant astronomy advantage areas; and lo provide for matters connected therewith.
E IT ENACTED by the Parliament of the Republic of South Africa.
52 No.
Withdrawal of declaration or exclusion of part of coordinated astmnom?
Part 3 23.
Acquisition of private land by Stare 5 on.
Affected organs of slate.
CHAPTER 8 52.
In this Act.
a core astronomy advantage area: 35 bl astronomy advantage area: or cj a coordinated astronomy advantage area: "astronomy advantage" means features which make an area suitable for astronomy and related scientific endeavours and includes high atmospheric transparency.
54 No. 29897 GOVERNMENT GAZETTE.
the science involving the ohservation and explanation of events beyond the earth and its atmosphere and includes optical astronomy. radio asmnomy.
observations that assist in understanding the sun and the magnetosphere: 5 deep space radio dishes, array networks for the management of space-flight. and the management of strategic scientific deep-space missions; and any other scientific endeavour declared as such by the Minister in terms of section 28; "astronomy device" means any device, apparatus. equipment or instiument, declared as such by the Minister in terms of section 28 and includes all components. connections and telecommunications links thereof.
"declared activity" means an activity declared as such in terms of section 23 in 25 respect of one or more core or central astronomy advantage areas; "Department" means the national Department of Science and Technology: "Director-General" means the Director-General of the Department; "Electronic Communications Act" means the Electronic Communications Act, 2005 (Act No.
Relations Framework Act means the Intergovernmental Relations Framework Act, 2005 (Act No.
"interference source" means any fixed or mobile device. instrument, component or equipment capable of emitting electromagnetic waves and includes lasers. light sou~es, computers. signal processors, radio transmission equipment and cables. lighting equipment. electric-powered machinery and other electrical, optical and electronic equipment; "light pollution" means any etiect fmm artificially created or harnessed light that is visible to the naked eye or can be detected w, ith astronomical instrumentation at 45 night, such as sky glow, glare, light trespass and light clutter, which impacts on astronomy and includes the effect of street lighting. outdoor security lights.
Executive Council of a province: "Minister" means the Minister responsible for science and technology; "mobile radio frequency interference source" means any device, instrument. component or equipment capable of causing radio frequency interference which is feature, and includes cellular telephones, walkie-talkies. mobile telecommunication units in vehicles and roof-top telecommunication installations: "Municipal Demarcation Act" means the Local Government: Municipal Demarcation Act, 1998 Act No. ?
of 1998); "NRF"means the National Research Foundation established by section 2 of the National Research Foundation Act, 1998 (Act No.
"optical astronomy" means the collection and measurement of radiation.
including electromagnetic near-ultraviolet, visible and infrared radiation.
"radio frequency interference'' means the emission. transmission or reception of any radio frequency signals which have the ability to interfere with or inhibit radio astronomy or any device i1se.
The objects of this Act are-to provide measures to advance astronomy and related scientific endeavours in tlie Republic; to develop the skills, capabilities and expertise of those engaged in astronomy and related scientific endeavours in Southem Africa: to identify and to protect of areas from which astronomy projects of national strategic imponaiice can be undertaken, to provide a framework for the of asnonomy advantage areas in the Republic, to ensure that the geographic areas in the Republic, which are highly suitable for astronomy and related scientific endeavours due to. for example, the high atmospheric transparency, the low levels of light pollution. low population density or minimal radio-'irequency interference. are protected.
pursuant to section (5).
to provide for the declaration and management of astronomy advantage areas; and to enable the Minister to participate in efforts to preserve the astronomy advantage of Southern Africa and to coordinate astronomy within this area.
This Act also applies to the exclusive economic zone and continental shelf of the Republic, referred to in sections 7 and 8. respectively, of the Maritime Zones Act. 1994 (Act No. 15 of 1991).
other national legislation.
provincial legislation.
a municipal by-law. the relevant provision of this Act preuails.
A municipality that must adopt an terms of the Local Government: Municipal Systems Act. 2000 (Act No. 32 of 2000).
advantage area declared in tams of this Act within Ole area of jurisdiction of the municipality.
declared activity which may not be underlaken in a core or central astronomy advantage area within the area of jurisdiction of the municipality, and identified activity that may only be undertaken in a coordinated astronomy advantage area within the axea of the municipality in accordance with the requirements of section 25 of this Act.
Any identification and declaration; and any inclusion of astronomy advantage areas in the affected municipality's integrated development plan, in terms of this Act. must be done with the concurrence with that municipality.
The consultation process is in terms of Chapter 3 of the Intergovernmental Relations Framework Act.
Upon the identification, declaration, and inclusion as envisaged in this section any land use management policies.
must be made with the concurrence of the minister responsible for local government, the Premier of the Province concerned and any affected municipality.
ensure that the geographic areas in the Republic which are suitable for astronomy and related scientific endeavours due to, among other things. the atmospheric transparency, IOU, levels of light pollution. low population density.
enhance the existing geographic advantage of those areas highly suitable for astronomy and related scientific endeavours through the restriction of activities that cause or could cause light pollution. radio-frequency interfer-ence or interfere in any other way with astronomy and related scientitic endeavours. or astrotlomy advantage in those areas; and provide for the management of those areas in the public interest and in accordance with good national and international practices.
assign a name to such core astronomy advantage area: and designate the area as a core astronomy advantage area in respect of astronomy and related scientific endeavours.
or designated under section provide protection from light pollution. radio frequency interference and other activities which may affect astronomy and related scientific endeavours or astronomy advantage.
or an area primarily available for scientific research.
In addition to subsection (2).
sent any relevant private land owner within the proposed core astronomy advantage area a copy of the proposed declaration. prior to the commence-ment of the public panicipation process, by registered post to the last known postal address of the owner: and where possible informed in an appropriate manner any other lawful occupier of the land within the proposed core astronomy advantage area of the proposed declaration and the public participation process.
In making a declaration under subsection IXaj.
the Minister may identify the land Ilia1 is subject 10 the declaration through the use of coordinates. a map. a propeity description. or a combination of these.
The Minister may.
withdraw the declaration. issued under section 7, of ai area as a core astronomy advantage area or as part of an existing core astronomy advantage area: or exclude any part of an existing core astronomy advantage area from the area.
a central astronomy advantage area; or part of an existing central astronomy advantage area; Ibj assign a name to the central astronomy advantage area: or fcl designate the area as a central astronomy advantage area in respect of astronomy and related scientific endeavours.
58 No. 29897 GOVERNMENT GAZETTE, 25 MAY 2007 activities which may affect astronomy and related scientific endeavours. or astronomy advantage, such as light pollution or radio frequency interference, may be restricted or prohibited in the area to ensure or facilitate the protection of a core astronomy advantage area from such activities: or 5 to ensure that development in the area does not negatively impact oil astronomy advantage of the area.
(3)In addition to subsection (2).
conducted a public participation process in terms of section 42 and in conducting this process the.
ment of the public participation process, by registered post to the last known 15 postal address of the owner: and where possible, informed in an appropriate manner, any other lawful occupier of the land within the proposed central asrronomy advantage area of the proposed declaration and the public participation process.
More than one central astronomy advantage area may be declared in respect of a particular area.
the Minister may identify land that is subject to the declaration thmugh the use of coordinates, a map, a property description or a combination of these.
withdraw the declaration. issued under section 9. of an area as a central astronomy advantage area ov'as part of an existing central astronomy advantage area; or exclude any pan of an existing central astronomy advantage area from the area.
designate the area as a coordinated astronomy advantage area in respect of astronomy and related scientific endeavours. (2) More than one coordinated astronomy advantage area may be declared in respect of a particular area.
control developments and changes in land use in the area if the area is earmarked for declaration as, or inclusion in, a core or central astmnomy advantage area.
astronomy advantage area.
description or a combination of these: and should seek. where possible, to make the declaration in respect of the whole, rather than part of a in terms of the Municipal Demarcation Act.
withdraw the declaration. issued under section 11.
of an area as a coordinated astronomy advantage area or as pan of an existing coordinated astmnomy advantage area: or coordinated astronomy advantage area from the area.
Initiation of declaration landasanastmnomyadvantagearea, or as part thereof. may be initiated by the Minister, or by any private landowner or the NRF making a request for such declaration 10 the Minister.
must be considered by the Minister.
The Minister must in writing notify the Registrar of Deeds whenever an area is declared as a core or central astronomy advantage area. or as part thereof, or whenever a declaration in respect thereof is withdrawn or altered.
The notification must include a description ofthe land involved and the rems and conditions of my notarial deed referred to in section 18(6).
On receipt of the notification, the Registrar of Deeds must record any such declaration.
of the Deeds Registries Act, 1937 (Act No. 47 of 1937).
60 No.
The Minister must, by declantion, assign the management of a core astronomy advantage am or Uie central or coordinated astronomy advantage area to a public entity or organ of state.
For the purposes of this Act, the person organisation ororgan of state to wllom the management of an astmnomy advantage area has been assigned in terms of subsection is the management authority of that area.
is the custodian of the permanent register of interested and affected parties ior the astronomy advantage area.
inspect the permanent register of interested and affected parties for an astronomy advantage area; and request the management authority to add their name and contact details to the register.
Any person whose details appears on the permanent register of interested and affected panies for an astmnomy advantage area is responsible for updating their contact details as is necessaty.
Preparation of management p!
must. if requested in writing by the Minister, submit a management plan. in accordance with the criteria specified by the Minister, for that astronomy advantage area to the Minister for approval.
all persons listed in the. permanent register of interested and affected parties for the relevant astmnomy advantage area; and municipalities, other organs of state. local communities and other affected panies which have an interest in the area.
The management authority of a core asttonomy advantage area may, after the consultations contemplated in section 16(2), make rules for the proper administration and protection of the area.
must be communicated or made available to land owners, visitors and other affected persons within the.
may include prohibitions or restrictions on persons entering, residing or passing through such area who have in their possession any specified device, equipment or instrument which may cause light pollution, radio frequency interference or have other detrimental impacts on astronomy and related scientitic endeavours, or astronomy advantage in the area unless the source or device has been turned off and, when in such state.
hind all persons in the area, including visitors; and condition for area.
provide for the imposition of fines for hreaches of the rules as may be determined by tlie Minister.
Co-management ofcore or central astronomy advantage area manageinent authority of a core or central astronomy advantage area may enter into an agreement with an organ of st3te.
regulation of human activities that affect astronomy and related scientific endeavours. or astronomy advantage in the area.
prohibitions or restrictions on the use ofany interference source, mobile radio frequeiicy interference source or short nnge device or any other device. equipment or instrumeiit have other detrimental impacts on astronomy and related scientific endeavours.
interference or have other detrimental impacts on astronomy and ielated scientific endeavours.
any other relevant matter.
A co-management agreement must he consistent with this Act and should not divest the management authority of ultimate responsibility for the proper management of tlie area concerned.
or is inhibiting the attainment of any of the maiiagement objectives of the astronomy advantage area: or other party to the agreement remains in breach of any obligation or undertaking made in the co-management agreement after having been given a reasonable opportunity Io rectify the breach.
(5)The terms of any co-management agreement entered into in terms of subsection the management authority and the owner of private land ax binding on the successors-in-title of such owner.
The terms of any co-management agreement may be recorded in a notarial deed and registered against the title deeds of the property.
The management authority is liable for the costs of the notarial deed and the registration of the title deed.
If the management authority of an astronomy advantage area is not properly performing its duties in terms of the management plan for the area, or is underperforming with regard lo the manapnent of the area.
direct the management authority 10 take corrective steps set out in tlie notice within a specified time.
If the management authority fails to take the requiitd terminate that management authority's mandate to inanage the area; and assign a public entity or organ of state as the management authority of the area.
id have in their possession.
for radio asnonomy, any interference source, mobile radio frequency interference source or short range device, unless the source or device has been turned off and, when in that state, is incapable of causing any fonn of radio frequency interference: and perform any other activity in a core astronomy advantage area that might be harmful to astronomy and related scientific endeavours or to the preservation of the area's astmnomical advantage.
an official of the Department.
enter and reside on such private land and in accordance with the provisions of any co-management agreement entered into between the owner or lawful occupier and the management authorirv.
on such private land.
who enters any core astronomy advantage area must report this fact to the management authority before entering thk core or central astronomy advantage area or as soon as possible fallowing enby.
may include conditions which must he adhered to hy the holder of such permit to mitigate any harmful impact the holder may have on astmnomy and related scientific endeavours or to the preservation of the area's astronomical advantage.
advantage areas from aircraft over-8ight area includes the airspace above the area to a level of 18500 mews above the highest point in the area. or such greater height as the Minister may declare.
by notice in the Gazette the over-flight by any aircraft of any core or central astronomy advantage area or impose conditions on any such over-flight.
in an emergency: or to a person acting on the insmctions of the management authority.
Any person, who, pursuant to subsection (3) enters the airspace of any core or central astronomy advantage area in respect of which a notice has been published in teim of subsection (2) must report this fact to the management authority before entering the core or central astronomy advantage area or as soon as possible following enny.
The Minister may, subject to subsection (6).
prescribe further reasonable restrictions on over-flight of any core, central or coordinated astronomy advantage areas.
conduct a public participation process in teims of section 42: and subject to subsection (7).
notify all persons listed in the permanent register of interested and affected parties for the relevant astronomy advantage area whose existing rights are likely to be directly affected by any such notice or regulation.
sent by registered post or such other method as the relevant person may have agreed to: and sent at the address given by such person or as indicared in the permanent register of interested and affected parties.
Following the publication of any notice or making of any regulation under subsections (2) and (5).
Commissioner for Civil Aviation established and appointed in teims of the Aviation Act 1962 (Act No. 74 of 1962), and the South African Civil Aviation Authority Act. 1998 (Act No. 40 of 1998).
respectively, must indicate the restrictions and prohibitions on all aeronautical maps prepared for rhe Republic.
Notwithstanding any other legislation or any rights that any person may have been granted in tenns of any other legislation, the Minister bas the sole authority within a core or central astronomy advantage area to protect the use of the radio frequency spectrum for astronomy observations.
require the conversion, within a reasonable time period. of analogue transmissions in the radio frequency spectrum within a core or central astronomy advantage area.
exempt from the provisions of such notice any person or organ of state who has entered into an agreement with the management authority of the core or central astronomy advantage area to mitigate their impact on the radio frequency spectrum within tlie relevant astronomy advantage area.
conduct a public participation process in terms of section 42: and subject to subsection (4).
notify all persons listed in the permanent register of interested and affected parties for the relevant astronomy advantage area whose existing rights are likely to be directly affected by any such notice.
sent by registered post or such other method as the relevant person may have agreed to: and sent at tlie address given by such person or as indicated in the permanent register of interested and affected parties.
different activities or categories of activities: or persons or categories of persons.
64 No.
Notwithstanding any other national or provincial legislation or local by-law. the Minister may declare that no person may conduct any activity in any of the following categories.
the construction and development of new business or residential areas or recreational facilities: the. construction or expansion of road or rail transportation networks or pans thereof; the consbuction or expansion of any airfield or airport the operation. construction or expansion of facilities for the generation. transmission or distribution of electricity: activities capable of causing light pollution. including the installation or operation of street lighting. outdoor security lights. laser promotiondl lights. sew-lit billboards: activities capable of causing radio frequency interference, including bringing into the area or operating any interference source, mobile radio frequency interference source or shon iange device; activities capable of causing air pollution: and any other activity which may detrimentally impact on astronomy and relaled scientific endeavours, or the astronomy advantage of any core or central astronomy advantage area.
Minister may.
require that any activity cease. subject to the payment of compensation, if required by section 25 of the Constitution: or prescribe conditions under which any activity may continue in order to reduce or eliminate the impact of the activity on astronomy and related scientific endeavours, or astronomy advantage in the relevant area.
and subject to subsection (5).
notify all persons listed in the permanent register of interested and affected parties for the relevant astronomy advantage area whose existing rights are likely to be directly affected by any such requirement or condition.
sent by registered post or such other method as the relevant person may have agreed to: and sent at the address given by such person or as indicated in the peimanent register of interested and affected panies.
be made in respect of core and central astronomy adwitaee distinguish between core and central astronomy advanrage areas designated in respect of astronomy and related scientific endeavours including: or in respect of a specific core or central astronomy advantage area or core or central astronomy advantage areas.
The Minister may declare identified activities which, if undertaken in a coordinated astronomy ad\,antage area may have a detrimental effect on astronomy and rehteted scientific endeavours within any astronomy advantage area.
the construction.
activities capable of causing light pollution. including the installation or operation of street lighting, outdoor security lights. laser promotional lights. self-iit billboards: and capable of causing radio frequency interference.
after consultation with the minister responsible for the execution, approval or control of such activity.
notify a11 persons listed in the permanent register of interested and affected parries for the relevant astronomy advantage area whose existing rights are likely to he directly affected by any such notice.
post or such other method as the relevant person may have agreed to: and sent given by such person or as indicated in the register of permanent interested and affected parties.
be made in respect of a specific coordinated astronomy advantage area or specified coordinated astronomy advantage areas.
The Minister may prescribe standards or conditions regarding the manner in which an identified activity may be undertaken in an astronomy advantage area so as not to cause a detrimental impact on astronomy or related scientific endeavours.
id of a deemed exemption contemplated in subsection (7): or (4 by virtue of a written authoiisation granted by the relevant competent authority in terms of subsection (8).
prior to commencing such an activity. notify the relevant competent authority and furnish it with details regarding the location, nature and extent of the proposed activity.
66 No. 29897 GOVERNMENT GAZETTE. 25 MAY 2007 notify the person who intends to undertake the identified activity to submit an impact assessment report: or issue an exemption to the person concerned from the condition or standard contemplated in subsection (2)(a), provided that any such exemption may be issued subject to such terms and conditions as the competent authority may determine.
must be compiled by a person approved by the competent authority at the expense of the person who intends to undettake the identified activity.
(6)The competent authority must specify the information to be provided in a report required in terms of subsection (4)(aj.
with tlie operation of any astronomy device; or cause any other relevant de, bimental impact on astronomy in any core astronomy advantage area: and plans for mitigation of any such adverse impacts on the relevant core asnonomy advantage area or the operation of the relevant astronomy device during and after the completion of the identified activity.
If the competent authority fails to act within the period and in the manner specified in subsection (4) the persoil who made the notification must resubmit the notification.
the competent authority once again fails to respond to the notification within the peiiod and in the manner specified in subsection (4) the competent authority is regaded as having issued an exemption in ternis of subsection (4)(b).
Upon and any additional. explanatory information required by the competent authority, the competent authority may refuse or grant the autliorisationfor or an alternative proposed activity on such conditions. if any.
as it may consider necessary.
Before refusing any authorisation. the competent authority must consult with the applicant in an effort to reach an agreement on the manner in which any adverse impact on the relevant core astronomy advantage area or the operation of the relevant astronomy device may be avoided.
or (8) is not being complied with, the Minister or any competent authority must in writing notify the person concerned of the non-compliance and direct that person to comply.
If tlie person concerned fails to comply with the condition within 30 days after having received the direction contemplated in paragraph fa, the Minister or any competent authority may withdraw the exemption or authorisation.
Authorisations obtained under any other law for the commencement or continuation of an identiliedactivity do not absolve the holder of such authorisation or permit from obtaining an exemption or autliorisation contemplated in subsection (2).
Competent Authority making a declaration under section 24.
the Minister may identify the competent authority responsible for granting authorisations in respect of the activities concerned.
The Minister may designate any management authority, municipality or organ of state to be a competent authority for the purposes of subsection (I).
The Minister may declare his or her intention to review any specified identified activities which were lawfully conducted immediately before a declaration in terms of sections 3(1?
of this Act was published.
(2)Following the review contemplated in subsection (I), and subject to subsection (3).
the Minister may prescribe conditions under which specified identified activities may continue in order to reduce or eliminate the impact of those activities on existing or proposed astronomy in the relevant aim or on the astronomy advantage of the area.
and subject to subsection (4).
listed in the permanent Itgister of interested and affected parties for the relevant astronomy advantage area whose existing rights are likely to be directly affected by any such notice.
registered post or such other method as the relevant person may have agreed to; and sent at the address given by such person or as indicated in the register of permanent interested and affected pmies.
and astronomy devices j The Minister may declare any existing or proposed scientific endeavour to be astronomy and related scientific endeavours for the purposes of this Act.
The Minister may, after consultation with ICASA and the Minister responsible for communications. declare any existing or proposed stand-alone or inter-connected device, apparatus, equipment or instrument. whether located within or, outside the Republic and which is used directly or indirectly for astronomy and related scientific endeavours, to be an astronomy de.
specify whether 3n astronomy device is used for radio or optical astronomy or astronomy and related scientific endeavours: and designate a public entity or organ of state as an astronomy device management authority, who has the authority for the operation. development, maintenance and management of the astronomy device.
any device management authority designated in respect of any astronomy device: and any person to whom authority in respect of an astronomy device has been delegated by die device management authority.
enter upon any land. including any street road, footpath or land reserved for public purposes.
construct and maintain an astronomy device upon. under. over, along or across any land, including any street, road, footpath or land reserved for of the Republic; and alter or remove its astronomy device, and may for that purpose attach wires. stays or any other kind of suppori to any building or other ~ttucture.
In taking any action in terms of subsection (I), due regard must be had to the environmental laws of the Republic.
construct and maintain in the manner specified in that notice any or tubes required for an astronomy device under any such street.
GOVERNMENT GAZETTE, 25 MAY 2007 alter or remove any pipes, tunnels or tubesrequired for an astronomy device under any such street, road or footpath and may for such purposes break or open up any sixet, road or footpath: and alter the position of any pipe, not being n sewer drain or main, for the supply (c) of water, gas or electricity.
(2)The local authority or person to whom any such pipe belongs or by whom it is used is entitled, at all times while any work in connection with the alteration in the positiori of that pipe is in progress. to supetvise that work.
The astronomy device management autliority must pay all reasonable expenses incurred by any such local authority or person in connection with any alteration or 10 of work relating to such alteralion.
If an astronomy device management authority finds it necessaty to move any facility, pipe, tunnel or tube associated with an astronomy device constructed upon, in, over, along. across or under any land. railway, street. road, footpath or watenvay, owing 15 to any alteration of alignment or level or any other work on the part of any local authority or person, the cost of the alteration or removal must be borne by an astronomy device management authority.
Where any astronomy device passes oYer any private property or intetieres with any building about to be erected on that pmperty.
the astronomy device 20 management authority must, on receiving satisfactory proof that the device prevents or is likely to prevent the proper use of the property, at its own cost, deviate or alter the positioning of the astronomy device in such manner as to remove all obstacles.
The owner of the property must. in writing, give notice that any such deviation or alteration is required, to the astronomy device management authority, not less than 28 25 days before the alteration or deviation is to be effected.
a dispute arises between any owner of private pmperty and an astronomy device management authority in respect of any decision made by an astiunomy device management authority, such dispute must be referred to the Minister for a decision.
If any fence erected or to be erected on land over which an astronomy device, or associated pipe, tunnel or tube is coiistructed or is to be constmcted by an astronomy device management authority. renders or would render entry to that land impossible or inconvenient.
erect and maintain gates in that fence; and 35 provide duplicate keys for such gates, one set of which must be handed to the owner or occupier of die land.
Any person intending to erect any such fence must give the astronomy device management authority iiotice in writing of not less than six weeks of his or her intention to erect such fence.
obstructs or interferes; or is likely to obstruct or interfere, with the working or maintenance of any of the astronomy device, or associated pipes, hlnnels or tubes.
any roadside: or private land, must, after reasonable notice to the owner or occupier of the land.
or trimmed by the authority responsible for tlie me. and the management of such State-owned land, road or private land, in accordance with its requirements or by the owneror land. as the case may be, at the expense of the astronomy device management authority.
In the event of failure to comply with a notice.
In taking any action or ('2).
be had to the environmental law of the Republic.
If tlie owner of any private land proves lo or she is obstructed in the free use of his or her land because any astronomy device or associated pipe, tunnel or tube constructed by the astronomy device management authority. the astronomy device management authority may. take such steps as it may to give relief to that owner.
In taking any action in terms of this section, due regard must be had to the environmental laws of the Republic.
Any person who constructs. equips or carries on ally miMay or any works for the supply of light. heat or power by means of electricity.
and or works.
particulars showing the manner and position in which the railway or works are intended to be on: and such further information related to the proposed railway or works as the astronomy device management authority may requii-.
lion, equipment or operation of any such railway or works is likely to damage its astronomy device; or any such astronomy device is damaged by the construction. equipment or operation of any such railway or works.
Any person who, after receiving the notice referred to in subsection (2).
proceeds with or causes to be proceeded with any such construction or operation or uses the equipment in contnvention of tlie said requirements, may be liable to the astronomy device management authority for damages sustained by the astronomy device management authority as a result of a contravention of subsection (I).
is located.
and related scientific endeavours on a regional basis; or advance any other objective of this Act.
or any other activity.
70 No.
(2)The Minister may by notice in the Gazene incorporate into law any standard set by the Council for the South African Bureau of Standards in terms of section 16 of the Standards Act, 1993 (Act No. 29 of 1993). dealing witli any matter related to the elimination, prevention or mitigation of light pollution or radio frequency interference without stating the text thereof. by mere reference to tlie number. title and year of issue of that standard or to any other particulars by which that standard is sufficiently identified.
the use of Low Pressure Sodium lighting or other types of low impact lighting; gj the type of lighting that is permissible on billboards; and the imposition of permitting and inspection requirements.
(4)Before publishing any standards in terms of subsection (I), the Minister must conduct a public participation process in accordance with section 42.
The Minister, acting with the concurrence of the Minister responsible for public works may acquire land or property, or any right in or to land or property, which has been or is proposed to be declared as or included in any astronomy advantage area.
exchanging tlie land, property or right for other land, property or rights: or expropriating the land, property or right in accordance with the Expropriation Act, 1975 (Act No. 63 of 1975).
subject to section 25 of the Constitution, if no agreement is reached with the owner or the holder of the right.
The Minister. acting with the concurrence of the minister responsible for public works, may taJ;e any steps necessary to cancel a servitude on State land. or a privately held right in or to State land, which has been or is proposed to be declared as or included in any astronomy advantage area.
(Act No. 63of 1975).
subject to section 25 of the Constitution.
The Minister may finance the acquisition of private land or property or a right in or to private land or property in terms of section 38 or 39 of this Act, or the cancellation of a servitude on. ora privately held right in or to, state land in by Parliament.
Minister must consult-.
MEC for local government, transport and economic affairs of the province concerned; and the municipality in which the area concerned is situated, which consultation must include a discussion of the implications of the proposed notice on the Integrated Development Plan of the municipality.
(a)Where the Minister is required by this Act or where the Minister elects to conduct a public participation process prior to taking any action or publishing any notice. the Minister must publish notice of his or her intended action or notice in the Gazerre and in at least two national newspapers distributed in tl~e area in which the relevant proposed or existing astronomy advantage area is situated or where the effect of the action will be felt.
also applies where the Minister intends taking any action or publishing any notice which would affect the rights or legitimate expectntions of any person.
include a clear indication of the area or activity that will be affected.
Minister may in appropriate circumstances allow any interested or affected parries to present 01x1 representations or objections to the Minister, or to a person designated by the Minister.
clearly states the contemplated notices or actions in respect of which the consolidated process is conducted.
The Minister must give due consideration to ell representations or objections received or presented before taking tlie relevant action or publishing the relevant notice.
The Minister must, within 60 days. notify all those who made written or oral representations of his or her decision and pro\,ide reasons for the decision should any interested or affected party request this.
If an interested or affected party believes tlie action proposed by the Minister will result in an expropriation held by that party. that pasty may make a wrinen request to the Minister to act in terms of section 38.
Such a request must be accompanied by such supporting information as is necessary for the Minister to consider the request.
and must decide whether or not to proceed to acquire the property in terms of section 38.
GOVERNMENT GAZETTE, 25 MAY 2007 owned by the State, the Minister may make that declaration only after consultation with the Minister responsible for Public Enterprises and the Minister responsible for the administration of that land. if that land is administered by the national executive; or after consultation with the provincial executive. if that land is administered by that provincial executive; or which is held in trust by the State or an organ of state for a community or other beneficiary, the Minister may declare that area only after consultation witli the trustee and the community involved.
or term or condition of a permit, authorisation or other instrument issued in terms of this Act.
any thing which the person may not do, and the period during which the person may not do: and the procedure to be followed in lodging an objection to the compliance notice with the Minister.
A management authority may, on good cause shown, vary a compliance notice and exte.nd which the person must comply with the notice.
A person who receives a compliance notice must comply with that notice within the time period stated in the notice unless the Minister has agreed to suspend the operation of the compliance notice in terms of subsection (5).
A person who receives a compliance notice and who wishes to lodge an objection my make representations to the Minister to suspend the operation of tlie compliance notice pending finalisation of the objection.
Any person who receives a compliance notice contemplated in section 44 may object to the. notice by mzking representations. in writing. to the Minister within 30 days of receipt of Ihe notice, or within such longer period as the Minister may determine.
and any other relevant infomiation.
may confirm, modify or cancel a notice or any part of a notice; and must specify the period within which the person who received the notice must comply with any pan ofthe notice that is confirmed or modified.
A person who fails to comply with a compliance notice contemplated in section 44 commits an offence.
If a person fails to comply with a compliance notice.
revoke or vary the relevant permit.
authorisation or other instrument which is the subject of the compliance notice: fhi take any necessary steps and recover the costs of doing so from the person who failed to comply: and the matter to the Director of Public Prosecutions.
NRF may be given under this Act or any other legislation. for tlie purposes of promoting astronomy, preserving the Republic of South Africa's astronomy advantage and achieving the other related objectives ufthis Act.
preserve, protect or promote the Republic's astronomy advantage: and activities which should be declared or identified in terms of sections 24 and preserve. protect or promote the Republic's astronomy advantage.
develop strategies. alone or after consultation with academic and technical institutions and the relevant skills development agencies.
fl may undertake and promote research on astronomy.
gives advice in terms of subsection (I)on a scientific matter, it may consult any appropriate organ of state or other institution which has expeitise in that matter.
In addition to the delegations and assignments which the Minister is specitically authorised by this Act to make, the Minister may delegate any in him or her in terms of this Act excluding the power to declare areas referred to in sections 5. I.
the holder of an office of any other national department provincial administration or municipality after consultation with the relevant minister or MEC; or an official of the NRF.
does not prevent the exercise of the power or duty by the Minister himself or herself: and may he withdrawn by the Minister.
74 No.
Register of Astronomy Advantage Areas a register called the Register of astmnoniy advantage areas.
and contain any other information determined by the Minister.
the use of any interference source, mobile and portable radio frequency interference source or short range device or any other device, equipment or instrument which may cause light pollution, radio frequency interference or have other detrimental impacts on astronomy and related scientific endeavours.
setting norms and standards for the proper performance of any function contemplated in this Act. and the monitoring and enforcing of such norms and standards: and requirements and procedures for the appointment of management authorities in terms of this Act.
any other ancillary or administrative matter that it is necessary to prescribe for the proper implementation or administtation of this Act.
Any regulation with material financial implications must be made with the concumnce of the Minister responsible for Finance.
Before publishing any regulation contemplated in subsection I j.
generally throughout the Republic or a province. as the case may be.
generally to all persons or only a specified category of persons; or icj areas or categories of areas; or persons.
Regulations made under section 51 may provide that my person who Contravenes or fails to comply with a provision thereof is guilty of an offence md liable on conviction to a fine not exceeding R1 000 000 or to imprisonment for a period not exceeding five years or IO both fine and such imprisonment.
or a decision taken in terms of section 3(3)?
contravenes or fails to comply with a condition prescribed in terms of section 7(2)?
or my standard incorponted into law in term5 of section 37()?
authority or an official. member or staff member of a management authority in the performance of official duties: or knowingly supplies false information as part of any public participation process conducted in terms of section 42.
or falsely professes to he an official. member or staff member of a managementauthority, or the interpreter or assistant of such an officer.
000 000 or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.
in accordance with Chapter 4of the Intergovernmental Relations Fnmework Act, 2005 (Act No. 13 of 2005).
Advantage Act, 2007. and takes effect on a date deteimined by the President by proclamation in the Guzme.
76 No.
Minister of Science and Technology the power to declare Astronomy Advantage Areas in order to ensure that large-scale and globally impttant astronomy facilities are protected from uncontrolled development and potential interferences to research activities in this field.
2.3 providing of a framework for the establishment of a national system of astronomy advantage arm in the Republic. to ensure that the geographic areas in the Republic. which are highly suitable for astronomy and related scientific endeavours due to, far exaqle.
Republic has in areas that are highly suitable for astronomy and related scientific endeavours through resmctions on activities which cause or could cause light pollution. radio frequency interference or interfere in any other way with astronomy and related scientific endeavours in those areas; and providing for the declaration and management of astronomy advantage areas.
The Department of Science and Technology has assigned a budget for the Astronomy Geographic Advantage Bill.
5.1 The State Law Advisers and the Department of Science and Technology are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the ConstiNtion since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House.
of the Traditional Leadership and Governance Fnmework Act.
2003 (Act No. 41 of 2003).
<fn>GOV-ZA.298b1264776343ccB61495acdadeeb6bEn.2012-02-10.en.txt</fn>
To communicate the Biometric data definition requirements for SASSA's to effectively harvest the beneficiary biometric data that the Successful Bidder/s will capture during enrolment process.
The layout presents the minimum data requirements.
An overview of the Fingerprint Identification Record definition, used for the transmission of fingerprint data is specified below. Refer to the ISO/IEC TC JTC 1/SC 37 N 466 document for a complete description of the record format.
The image header and data section(s) of the FIR is repeated for each image included in the FIR.
<fn>GOV-ZA.29910En.2012-02-10.en.txt</fn>
The Minister for Justice and Constitutional Development intends introducing the Constitution Thirteenth Amendment Bill of 2007, in the National Assembly.
Private Bag X 81, Pretoria, 0001, by not later than 25 June 2007. Electronic mail address: Jolabuschame@iustice.gov.
To amend the Constitution of the Republic of South Africa, 1996, so as to correct invalid provisions inserted into the Constitution; and to provide for matters connected therewith.
to the Constitution of the Republic of South Africa, 1996, as inserted by section 4 of the Constitution Twelfth Amendment Act of 2005 1.
No. 3 of Schedule 1to Notice 1998 of 2005 Map No. 6 of Schedule 2 to Notice 1998 of 2005 Map No.
Map No. 22 of Schedule 2 to Notice 1998 of 2005 Map No. 23 of Schedule 2 to Notice 1998 of 2005 Map No. 24 of Schedule 2 to Notice 1998 of 2005 Map No. 25 of Schedule 2 to Notice 1998 of 2005 Map No.
No. 27 of Schedule 2 to Notice 1998 of 2005 Map No.
Map No. 30 of Schedule 2 to Notice 1998 of 2005 Mal, No.
This Act is called the Constitution Thirteenth Amendment Act of 2007.
(now Act No. 23 of ZOOS), that provided for consequential matters as a result of the re-alignment of former cross-boundary municipalities and the re-determination of the geographical areas of provinces.
1.2 The constitutional validity of the Constitution Twelfth Amendment Act of 2005 (hereinafter referred to as the "Twelfth Amendment"), and the Cross-boundary Municipalities Laws Repeal and Related Matters Act, 2005 (hereinafter referred to as the "Repeal Act"), was challenged in the Constitutional Court in the case of Matatiele Municipality and Others v President of the Republic of South Africa and Others 2006 (5) BCLR 622 (CC). In terms of these Acts the provincial boundary between, amongst others, the provinces of the Eastern Cape and KwaZulu-Natal was altered so that the area that previously formed the local municipality of Matatiele (hereinafter referred to as the "Matatiele municipality") was transferred from the province of KwaZulu-Natal to the province of the Eastern Cape and new municipal boundaries were created as a consequence.
On 27 February 2006 the Court rejected the applicants' main argument that in passing the Twelfth Amendment Parliament unconstitutionally usurped the powers of the Municipal Demarcation Board to re-determine municipal boundaries. The Court further ruled that the local government elections scheduled for 1 March 2006 should be proceeded with. The Court, however, called for further argument on, amongst others, whether that part of the Twelfth Amendment that concerns the provinces of the Eastern Cape and KwaZulu-Natal was passed in accordance with the procedural provisions of the Constitution. This further hearing was to take place after the said local government elections had been held and the results had been declared.
Natal to the province of the Eastern Cape to be inconsistent with the constitution and therefore invalid.
of the Constitution, when it considered whether or not to approve that part of the Constitution Twelfth Amendment Bill of 2005 that transferred the Matatiele municipality from the province of KwaZulu-Natal to the province of the Eastem Cape. As a result of the interrelationship between the Twelfth Amendment and the Repeal Act, the Court also declared that part of the Repeal Act which relates to the Matatiele municipality to be inconsistent with the Constitution and therefore invalid. The orders of invalidity were suspended for a period of 18 months, during which period Parliament has the opportunity to correct the constitutional defect that led to the order of invalidity.
1.3 The Constitutional Court's order of invalidity was formulated with reference to the Matatiele municipality only.
Natal, It could, therefore, further he argued that because the order of invalidity was based on a procedural defect, the other provisions of the Twelfth Amendment that effected boundary changes to the province of KwaZulu-Natal will, if challenged in the Constitutional Court, also be found to be unconstitutional as a result of the failure of the KwaZulu-Natal provincial legislature to facilitate the required public involvement.
1.4 The view has been expressed that although the constitutional defect that gave rise to the order of invalidity only relates to the failure of the KwaZulu-Natal provincial legislature to facilitate the required public involvement by not consulting on the proposed changes to its provincial boundary, it appears not possible to attend to this defect in isolation. As a result of the "knock-on effect" on municipalities that are now located in the province of the Eastern Cape, the further view has been expressed that any proposed legislative amendments that are intended to rectify the constitutional defect that led to the Constitutional Court's order of invalidity must also include references to the province of the Eastern Cape.
2.1 From the judgment in the Mutatiele-case it is clear that new legislation, namely a Constitution Amendment Bill, must be processed afresh in a manner that complies with all constitutional and procedural requirements.
2.2 The Bill is premised on the principle that only those provisions of the Constitution that are affected by the failure of the KwaZulu-Natal provincial legislature to have facilitated the required public involvement (in other words all the provisions that refer directly to the provinces of the Eastern Cape and KwaZulu-Natal), are to be substituted and re-enacted.
2.3 The Bill therefore seeks to amend the Constitution so as to substitute and re-enact those provisions of the Constitution that have been declared to be inconsistent with the Constitution and therefore invalid by the Constitutional Court in the Matutiele-case.
STAATSKOERANT, 25 ME1 2007 No. 29910 7 only, it is, for the reasons set ant in paragraphs 1.3 and 1.4 necessary to substitute and re-enact all the provisions in the constitution that refer directly to the provinces of the Eastern Cape and KwaZulu-Natal and not only those that refer to the Matatiele municipality.
The Eastern Cape provincial legislature facilitated the required public involvement when it considered whether or not to approve that part of the Constitution Twelfth Amendment Bill of 2005 that concerned it. The Bill, however, also seeks to substitute and re-enact those provisions of the Constitution that refer directly to the province of the Eastern Cape and, therefore, the Eastern Cape provincial legislature must again facilitate the required public involvement when it considers whether or not to approve that part of the Bill that concerns it.
<fn>GOV-ZA.29965En.2012-02-10.en.txt</fn>
LOCAL GOVERNMENT LAWS AMENDMENT BILL, 2007 1. I, Fholisani Sydney Mufamadi, Minister for Provincial and Local Government, hereby, in terms of section 154(2) of the Constitution, publish the Amendment Bill, 2007, for public comment.
Comments may also be faxed to (012) 334-4828 at the above address, or e-mailed to pieter@dplg.gov.za.
No comments which are received after 18 June 2007 will be considered.
To amend the Local Government: Municipal Demarcation Act, 1998, so as to include the definition of 'municipal financial year', so as to provide for determinations of municipal boundaries to take effect on the commencement of the following municipal financial year; to amend the Local Government: Municipal Structures Act, 1998, so as to include the definition of 'municipal financial year', so as to provide for authorisations and adjustments of powers and functions to take effect on the commencement of the following municipal financial year; to amend the Local Government: Municipal Systems Act, 2000, so as to define a deputy executive mayor as a political office bearer, to provide for the term of employment of a municipal manager not exceeding a maximum of five years, to align certain delegations to the Municipal Finance Management Act, to regulate the participation of municipal staff members in national, provincial and local elections; to amend the Minister's regulatory powers; to provide for a municipality to provide an owner with copies of accounts sent to the occupier of such property, to provide for a correction in the Afrikaans text of section 106, to refine the process to investigate maladministration and related matters; to provide for the exemption of municipalities from provisions of the Act, to amend the Code of Conduct for Councillors and Municipal Staff as to align with the Municipal Finance Management Act; to amend the Local Government: Municipal Property Rates Act so as to correct definitions, to allow quantification in terms of cost of relief measures to be dealt with through the municipal budget, to allow for municipalities not to value public service infrastructure if there is not intention to levy rates, to correct citations, to allow for the curbing of rates revenue, and to rationalise local government laws that became obsolete as a result of local government legislation that was enacted since 1994, and to provide for matters connected therewith.
Amendment of section1 of Act 27 of 1998 as amended by section 4 of Act 51 of 2002 1.
Amendment of section 23 of Act 27 of 1998 as amended by section 10 of Act 51 of 2002 2.
(4) (a) A determination referred to in subsection (2)(b), takes effect on the commencement date of the municipal financial year following the date of pUblication of the notice effecting such determination.
The Board must at least six months prior to the commencement of the municipal financial year in which boundary determinations are to take effect inform the Minister of Finance of such determinations.
Amendment of section 84 of Act 117 of 1998, as amended by section 6 of Act 33 of 2000 and section 19 of Act 51 of 2002 4.
(4) (a) Subject to paragraph (c), any authorisation, amendment of an authorisation or revocation of an authorisation under subsection (3) takes effect on the commencement date of the municipal financial year following the date of publication of the notice effecting such authorisation or amendment or revocation of authorisation.
Paragraph (a) does not apply if any authorisation, amendment of an authorisation or revocation of an authorisation under subsection (3) is to coincide with an election of the council of an affected municipality.
Amendment of section 85 of Act 117 of 1998, as amended by section 7 of Act 33 of 2000 5.
(9A) (a) Subject to paragraph (c), any adjustment of the division of powers and functions under this section, takes effect on the commencement date of the municipal financial year following the date of publication of the notice effecting such adjustment.
The MEC or Ministec as the case may be, must inform the national Minister responsible for finance of his or her intention to publish a notice contemplated in paragraph (a) at least six months before the notice is to take effect in terms of that paragraph.
Paragraph (a) does not apply if any adjustment of the division of powers and functions under this section is to coincide with an election of the council of an affected municipality.
Amendment of section 1 of Act 32 of 2000 as amended by section by section 35 of Act 51 of 2002 and section 1 of Act 44 of 2003 6.
Amendment of section 57 of Act 32 of 2000 as amended by Act 44 of 2003 7.
Amendment of section 60 of Act 32 of 2000 8.
The council may only delegate to [an executive committee or executive mayor or chief financial officer decisions to make] the municipal manager of the municipality the power to make decisions on investments on behalf of the municipality within [a] the municipality's investment policy [framework determined by the Minister of Finance] contemplated in section 13(2) of the Municipal Finance Management Act.
Amendment of Chapter 7 of Act 32 of 2000 9.
Participation of staff members in elections 71A. (1) A staff member who becomes a candidate for election to the National Assembly or any provincial legislature must resign not later than the date on which he or she is issued a certificate in terms of section 31(3) of the Electoral Act. 1998, stating that he or she is a candidate in the relevant election.
A staff member who is nominated as a permanent delegate to the National Council of Provinces. must resign not later than the date on which he or she is nominated by a political party as a permanent delegate to the National Council of Provinces as contemplated in section 61(2)(b) of the Constitution. 1996.
A staff member who becomes a candidate for election to a Municipal Council must resign not later than the date on which he or she is issued a certificate in terms of section 15(3) of the Local Government: Municipal Electoral Act. 2000, stating that he or she is a candidate in the relevant election.
Amendment of section 72 of Act 32 of 2000 10.
(1) The Minister may.
training and development of staff members of municipalities, including inhouse training, SUbject to the requirements of the Skills Development Act. 1998 (Act No. 81 of 1998), the Skills Development Levies Act. 1999 (Act No. 28 of 1999) and the Municipal Finance Management Act. 2003 (Act No.
Amendment of section 86H of Act 32 of 2000 as amended by section 18 of Act 44 of 2003 11.
"(3) A by-law made in terms of this section must be consistent with this Act and the Municipal Finance Management Act.".
Amendment of section 102 of Act 32 of 2000 12. Section 102 of the Systems Act.
"(3) A municipality must provide an owner of a property in its jurisdiction with copies of accounts sent to the occupier of the property for municipal services supplied to such a property if the owner reguests such accounts in writing from the municipality concerned.".
Amendment of section 106 of Act 32 of 2000 13.
"(a) deur middel van skriftelike kennisgewing aan die munisipaliteit, die munisipale raad of munisipale bestuurder versoek om die LUR te voorsien van inligting wat in die kennisgewing verlang word; [en] of ".
"(3) An MEC issuing a notice in terms of subsection (1)(a) or designating a person to conduct an investigation in terms of subsection (1)(b), must within 14 days submit a written statement to the National Council of Provinces motivating the action. A copy of the written statement must simultaneously be forwarded to the Minister and to the Minister of Finance."
(4) (a) The Minister may reguest the MEC to investigate maladministration, fraud, corruption or any other serious malpractice that. in his opinion. has occurred or is occurring in a municipality in the province.
The MEC must provide the Minister and the Minister of Finance with a report of the investigation detailing the outcome of the investigation.
Section 118 of the Systems Act, 2000 is hereby amended by the substitution for the words "120 days" of the words "60 days" in subsection (1A).
Amendment of section 123 of Act 32 of 2000 15.
"Exemption from provisions 123A To facilitate the institutional restructuring of the provision of municipal services, related processes and procedures, as authorised by the Cabinet member responsible for such restructuring, the Minister. acting with the concurrence of the Minister of Finance and after consultation with organised local government representing local government nationally, may. by notice in the gazette, exempt any municipality or municipal entity from a specific provision of Chapters 8 and 8A of this Act for a period of not more than four years and on conditions determined in the notice, provided that such exemption may not be understood as obliging any municipality or municipal entity to transfer any staff, assets or liabilities."
Amendment of item 6 of Schedule 1 to Act 32 of 2000 16.
the addition of the following subitem: "(4) No councillor may be a party to or beneficiary under a contract for the provision of goods and services to a municipality or a municipal entity established by the municipality."
Amendment of item 14 of Schedule 1 to Act 32 of 2000 17.
"(4) If a municipal council does not conduct an investigation contemplated in subitem (1) and the MEC for local government in his or her discretion consider it necessarv, [T]the MEC [for local government] may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make recommendations on whether the councillor should be suspended or removed from office".
Amendment of item 4 of Schedule 2 to Act 32 of 2000, as amended by section 29 of Act 44 of 2003 18.
the addition of the following subitem: "(3) No staff member of a municipality may be a party to or beneficiary under a contract for the provision of goods or services to a municipality or a municipal entity established by the municipality."
Insertion of item 5A in Schedule 2 to Act 32 of 2000 19.
Any change in the nature or detail of the financial interests of a staff member must be declared in writing to the chairperson of the municipal council annually.
The municipal council must determine which of the financial interests referred to in subitem (1) must be made public having regard to the need for confidentiality and the public interest for disclosure.
Amendment of section 1 of Act 6 of 2004 20.
by the addition of the expression "(Act No. 11 of 2004)" after the words "Communal Land Rights Act, 2004" in the definition of "land tenure right".
Amendment of section 3 of Act 6 2004 21.
by the substitution in paragraph (g) of subsection (3) for the expression "tax reductions" of the expression "tax exemptions".
Amendment of section 7 of Act 6 of 2004 22.
public service infrastructure [owned by a municipal entity]; Amendment of section 9 of Act 6 of 2004 23.
Amendment of section 15 of Act 6 of 2004 24.
expenditure on the expenditure side.
Amendment of section 17 of Act 6 of 2004 25.
"(e) on those parts of a special nature reserve, national park or nature reserve within the meaning of the [Protected Areas Act] National Environmental Management: Protected Areas Act. 2003 (Act No. 57 of 2003), or of a national botanical garden within the meaning of the National Environmental Management: Biodiversity Act, 2004 (Act No.
Amendment of section 19 of Act 6 of 2004 26.
by the substitution for the expression "11 (1)(b)" in paragraph (a) of subsection (1) of the expression "11 (2)".
(b) a rate on a category of non-residential properties that exceeds a prescribed ratio to the rate on residential properties determined in terms of section 11 (1)(a); provided that different ratios may be set in respect of different categories of non-residential properties.
Amendment of section 20 of Act 6 of 2004 27.
(1) The Minister may, with the concurrence of the Minister of Finance by notice in the GazetteL] : @l. set an upper limit on the percentage by which rates on [properties] property categories or a rate on a specific category of properties may be increased[.
set an upper limit on the percentage by which total revenue derived from rates on all property categories or a rate on a specific category of properties may be increased.
Amendment of section 46 of Act 6 of 2004 28.
(a) [The value of] any building or other immovable structure under the surface of the property which is the SUbject matter of any mining authorisation or mining right defined in the Minerals Act, 1991 (Act No.
by the repeal of subsection (5).
Amendment of section 78 of Act 6 of 2004 29.
by the addition of the following paragraph to suosection (1): "(g) of which the category has changed."
"(e) the date on which the change of category referred to in subsection 1(g) occurred."
Amendment of section 86 of Act 6 of 2004 30. Section 86 of the Property Rates Act, 2004 is hereby amended by the substitution for the expression "section 48" of the expression "section 54" in paragraph (c) of subsection (1).
The legislation specified in the first column of the Schedule is hereby repealed to the extent indicated in the second column of the Schedule.
This Act is called the Local Government Laws Amendment Act, 2007.
Title, No.
Jan Kempdorp Act, 1964 (Act No.
Jan Kempdorp Amendment Act, 1985 Act NO.
Amendment Act, 1985 (Act No.
Amendment Act, 1986 (Act No.
Constitutional Laws Amendment Act, 1988 Act No.
Amendment Act, 1988 (Act No.
Assembly), 1991 (Act No.
1993 (Act No.
Local Government Transition Act, 1993 Act No.
Proclamation No.
Amendment Act, 1996 (Act No.
The main object of the Bill is to amend the Local Government: Municipal Demarcation Act, the Local Government: Municipal Structures Act, the Local Government: Municipal Systems Act and the Local Government: Municipal Property Rates Act so as to facilitate the more effective implementation of these laws. This Bill deals with the most urgent amendments to achieve this object.
Clause 1 deals with including the definition of "municipal financial year" in the Demarcation Act.
Clause 2 provides for the taking effect of boundary determinations in terms of section 23 of the Demarcation Act on the commencement date of the municipal financial year following the date of publication of the notice effecting such determinations.
Clause 3 deals with including the definition of "municipal financial year" in the Structures Act.
Clause 4 provides for the taking effect of authorisations by the Minister in terms of Section 84 of the Structures Act on the commencement date of the municipal financial year following the date of publication of the notice effecting such authorisation.
Clause 5 provides for the taking effect of adjustments of the division of powers and functions between municipalities in accordance with section 85 of the Structures Act on the commencement date of the municipal financial year following the date of the notice effecting such adjustment.
Clause 6 deals with amendments to the definition of "political office bearer" so as to include the deputy executive mayor.
Clause 7 provides that the period of employment of the municipal manager may not exceed a period up to a maximum of five years.
Clause 8 amends section 60 of the Municipal Systems Act so as to align the provisions pertaining to certain delegations with the provisions of the Municipal Finance Management Act.
Clause 9 deals with the participation of municipal staff members in national, provincial and municipal elections.
Clause 10 deals with the realignment of the lVIinister's regulatory power in respect of local public administration.
Clause 11 deals with an omission of previous amending legislation.
Clause 12 follows a Constitutional Court judgement on this matter allowing the owner of a property insight into amounts owed on his or her property but occupied by someone else. The judgement also stated that the owner can be held liable for the non-payment of such amounts.
Clause 13 deals with a technical correction in the Afrikaans text of the Municipal Systems Act. It further provides for a period within which the MEC should submit a written statement to the NCOP and that such statement must also be forwarded to the Minister and the Minister of Finance. It also empowers the Minister to request the MEC to conduct a section 106 investigation and to provide the Minister and the Minister of Finance with a report detailing the outcome of the investigation.
Clause 14 deals with the shortening of the period required that all monies due to a municipality must be paid in order to facilitate transfer of properties.
Clause 15 provides for the Minister to exempt any municipality or municipal entity from a specific provision of the Act to facilitate the institutional restructuring of the provision of municipal services, related processes and procedures.
Clauses 16 and 18 deals with alignment to the Municipal Finance Management Act in regard to supply chain management by adding subitem 4 to Item 6 of Schedule 1 and sub-item 3 to Item 4 of Schedule 2 of the Systems Act.
Clause 17 is amended to provide that where the municipal council does not conduct an investigation in terms of subitem 1 and the MEC in his or her discretion consider it necessary the MEC may appoint a person of committee to do so.
Clause 19 amends Item 5 of Schedule 2 by the insertion of Item 5A to provide that municipal managers should within 60 days declare their interest in corporate entities.
Clause 20 deals with technical corrections to the definitions of the Municipal Property Rates Act.
Clause 21 proposes an amendment to section 3(3)(e) of the Property Rates Act allows for a rates policy not to reflect the quantification in terms of cost to the municipality with regard to the relief measures. The costing will be dealt with through the municipal budget.
Clause 22 proposes an amendment to section 7(2)(a)(ii) of the Property Rates Act, read together with section 30(2)(a) of the Act, and allows for municipalities not to be compelled to value public service infrastructure (psi) where there is no intention to levy rates on such public service infrastructure. A municipality will only be compelled to value those components of psi (whether owned by the municipality or not) which it intends rating.
Clause 23 amends Section 9 by the deletion of certain phrases from the existing section.
(mandatory exemptions); and the phasing-in discount for newly rateable property for a financial year must be reflected in the municipality's annual budget.
Clause 25 amends section 17 by providing for a correct citation of the Acts referred into in the section.
Clause 26 proposes an amendment to section 19(1)(a) of the Property Rates Act to cite the relevant section applicable to the content referred to in section 19(1)(a). The proposed amendment to section 19(1)(b) of the Act is to provides for the use of multiple ratios.
Clause 27 proposes an amendment to section 20(1) of the Property Rates Act allowing for the curbing of rates revenues.
Clause 28 proposes an amendment to section 46(3)(a) and (b) of the Property Rates Act by deleting the word "value" in order to ensure uniform application of this provision. Clause 22 further proposes the deletion of section 46(5) of the Property Rates Act because the existing section is redundant.
Clause 29 proposes an amendment to section 78(1)(g) of the Property Rates Act intending to allow the municipality to receive the appropriate rates revenue and for the ratepayer to be billed the appropriate rates payable when his/her property's rating category changes.
Clause 30 amends section 86 of the Municipal Property Rates Act, 2004 by deleting an incorrect reference to section and adding a correct reference.
Clause 31 deals with the repeal of outdated legislation affecting local government and which have become redundant as a result of the post 1994 dispensation.
<fn>GOV-ZA.29983En.2012-02-10.en.txt</fn>
(As introduced in the National Assembly as a section 75 Bill; explanatory summary of Bill published in Government Gazette No.
jWords in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
To amend the Air Services Licensing Act 115,1990, so as to allow for the Minister of Transport to designate the Chairperson and Deputy Chairperson of the Domestic Air services Council.
Amendment of section 1 of Act 115 of 1990 1.
Amendment of section 4 of Act 115 of 1990 2.
not more than [three] four other persons appointed by the Minister, who have appropriate knowledge and experience regarding aviation, or who are well versed in law, finance, transportation or engineering.
This Act is the Air Services Licensing Amendment Act, 1990,and takes effect on a date determined by the President by Proclamation in the Gazette.
<fn>GOV-ZA.29jul2005frankfortEn.2012-02-10.en.txt</fn>
The Union Buildings, Parliament in Cape Town and buildings such as the one we are handing over today have embedded in them our often contested notions of national identity. As the department of public works we have been privileged to be at the cutting edge of the process of the decolonization and re-appropriation of such buildings. We have moved such buildings from the status of the embarrassing child to that which symbolizes in bold letters a new and deracialising South Africa.
Some of the projects we have successfully delivered to date include the R76 million Kinshasa Diplomatic Village and the R115 million Berlin Embassy on behalf of Foreign Affairs.
We have already embarked on an intensive construction programme of four New Generation Prisons in Kimberely (Northern Cape), Klerksdorp (North West), Nigel and Leeuwkop (both in Gauteng). The total programme cost is estimated at R1 billion.
Each of the four prisons will cost more than R350 million and the Department has innovatively split the work into various subcontracts ranging from R1 million to R20 million each to allow emerging contractors to participate based on their capacity and capabilities. Approximately 40% of the value work in these prisons will be executed by the BEE contractors.
Other major capital works will include two construction projects for Correctional Services worth twelve and six million rand at Potchefstroom and Mogwase respectively, as well as two others for SAPS at Jouberton (eighteen million rand) and Amalia (eight million rand) - all in the North West province.
Both SAPS and Correctional Services in the Eastern Cape will benefit from the construction of the forty three million rand police headquarters at Bisho and a twenty one point five million rand piggery at the Middlesdrift correctional facility. A twenty two million rand Nerina Place of Safety is under construction for Justice. We are also upgrading the Forensic Science Laboratory in Tshwane.
In the Free State, we shall undertake, in phases, upgrading and renovation projects worth more than eighty five million rand at The Number Three Military Hospital on behalf of Defence. Others include the sixteen million rand upgrading and renovation project at Goedemoed Prison for Correctional Services and the construction of seven million rand and six million rand police stations at Verkykerskop and Phuthaditjhaba, respectively.
Again this we will do step by step, brick by brick to ensure that this country assumes its place of pride in Africa but also in the world.
<fn>GOV-ZA.29jun20061En.2012-02-10.en.txt</fn>
Comparing data over time is never easy. The methodologies and instruments engaged to collect information need to be comparable; seasonally adjusted data must be compared with other data that have also been seasonally adjusted, not with unadjusted data; and quarter-on-quarter data are best compared with data from an equivalent period in a previous year.
This last point is particularly important, because unless quarterly data have been seasonally adjusted, seasonal variations can lead to distortion when comparing a quarter in one year with a different quarter in another year. These basics of statistical practice can be reduced to a simple injunction: always compare like with like.
Comment on Tuesday's release of latest data on quarterly employment statistics (QES) well demonstrates the necessity to compare like with like. In at least one newspaper report, there was an attempt to compare seasonally adjusted figures for gross domestic product with unadjusted figures for employment.
A report also compared jobs created in the fourth quarter of 2005 with jobs created in the first quarter of 2006, without taking account of the variations in economic activity likely to occur in a quarter that includes peak holiday time compared with the first quarter of a new year.
A separate headline in another newspaper quoted Statistics SA as saying that growth in employment was falling behind target. Nothing of the sort had been said.
A more careful look at the latest employment statistics shows that there was an increase in the number of jobs created in the quarter ended March this year when compared with the equivalent quarter ended March last year.
Between January and March 2005, the economy shed 152 000 jobs; in the same quarter this year, 9 000 new jobs were created.
In the quarter ended March 2005, Stats SA recorded 6 945 000 employees, with gross earnings of R146.47 billion. In the equivalent quarter (January-March) of this year, the QES recorded 7 257 000 employees with gross earnings of R164.38 billion. This reflects an increase between quarters of 4.5 percent in respect of jobs, and 12.2 percent in total earnings.
Data can also be compared year on year, provided the criterion for comparison of like with like is adhered to. According to the latest QES survey, 7 257 000 people were employed in the formal non-agricultural business sector of the economy as at March 2006. This reflected an annual increase of about 312 000 people, or 4.5 percent, compared with March 2005, which recorded 6 945 000 employees.
The largest contributor to this increase came from the financial services sector, where the number of jobs rose by 102 000. Other main sectors creating jobs were construction (83 000), trade (60 000) and personal services (49 000).
The gross earnings paid to employees during the three months to the end of March this year amounted to R164.38 billion, reflecting an annual increase of R17.94 billion, or 12.2 percent, compared with the quarter ended March 2005.
Headlines can be misleading, especially when dealing with comparisons over different time periods.
The number of new jobs created when comparing the last quarter of one year with the first quarter of a new year may appear to be a "trickle", as one newspaper has suggested. However, deeper analysis reveals a different picture, with 312 000 new jobs being recorded year on year - rather more than a trickle.
<fn>GOV-ZA.29march20071En.2012-02-10.en.txt</fn>
This week numerous headline-catching statistical series, which measure and report on key indicators, will be released.
Statistics SA yesterday reported the latest consumer price index data. The production price index for last month, which measures inflation at the factory gate, will be published today as well as labour market data in the Labour Force Survey of September 2006.
The labour survey will establish if there are any significant changes in the official rate of unemployment and track the relationship between increases in economic growth and job creation.
No less important was yesterday's release of the latest quarterly financial statistics for municipalities and the private sector.
The quarterly financial statistics survey of municipalities provides stakeholders and users with information to analyse government finances.
The consolidated balance sheet, which covers all assets, liabilities and reserves of local government institutions.
The income statement and appropriations for rates and general services. This includes ambulance, fire control, health (clinics and old age homes), roads and storm water drains as well as parks; recreation, such as libraries, cultural activities, museums, sport administration, community halls, swimming pools, sports grounds and nature reserves; sewerage and cleansing; traffic and other services (for example, city engineers, administration, personnel, legal services, city treasurer).
These services are not self-supporting. They are financed through assessment rates, other rates, the receipt of subsidies and other contributions.
The income statement and appropriations for trading services, which include abattoirs; electricity and gas; markets; passenger transport; water and other trading services.
Overall, the quarterly financial statistics suggest that municipal finances are stable.
This is demonstrated by the revenue generated from the sales of electricity and gas as well as water.
Purchases of water by municipalities increased by 9.8 percent between the quarters to September and December 2006, rising from R1.2 billion to R1.3 billion.
But purchases of electricity and gas decreased by 1.5 percent over the same period, from R3.7 billion down to R3.6 billion.
On the sales side, municipal sales of electricity and gas increased by 2.3 percent between the quarters to September and December 2006, from R6.3 billion to R6.5billion.
An increase of 18.2 percent (from R2.5 billion to R2.9 billion) was recorded in the sales of water over the same period.
Fixed assets increased by 2.2 percent during this period, from R96 billion to R98.6 billion.
The December 2006 quarterly financial statistics, also published yesterday, covered mining and quarrying; manufacturing; electricity, gas and water supply; construction; trade; transport; storage and communication; real estate and other business services (excluding financial intermediation and insurance); and community, social and personal services (excluding government institutions).
The private sector uses the results of this survey to analyse business and industry performance.
According to the latest quarterly financial statistics, the overall increase in turnover for all industries reflected a 3.4 percent quarter-on-quarter increase, while the trade industry reflected the highest increase, 5.5 percent.
The year-on-year comparison reflects a rise of 17.2 percent.
Lower demand for electricity in the fourth quarter of 2006, compared with the third quarter, caused a decrease of 18.6 percent.
The impact of fluctuation in the exchange rate was reflected in the decrease of 2.7 percent in the mining and quarrying industry.
Capital expenditure on new buildings, machinery, furniture, vehicles and other equipment shows an increase of 26.3 percent in the fourth quarter of 2006 compared with the third quarter.
A year-on-year increase of 54.4 percent shows that businesses are spending money to expand and upgrade their premises.
Although the net profit before taxation fell by 4.9 percent for all industries in the fourth quarter compared with the third quarter of 2006, the year-on-year comparison shows an increase of 30.7 percent.
Despite the demands of the ongoing collection and dissemination of official statistics, StatsSA is not ignoring its international and regional obligations.
This week I will be attending the 40th Conference of African Ministers of Finance, Planning and Economic Development in Addis Ababa. This will be preceded by a preparatory meeting of technical experts convened by the UN Economic Commission for Africa.
The meeting of the committee of experts and the ministerial conference will focus on progress in implementing the millennium development goals.
They are expected to consider ways to accelerate Africa's development agenda and confront the continent's critical absence of data necessary to monitor and measure this progress.
<fn>GOV-ZA.29programmeofpublicactivitiesmecEn.2012-02-10.en.txt</fn>
Department of Economic Development and Planning in conjunction with Furntech and SEDA hold graduation ceremony for learners who have completed their learnership in wood work. MEC CNM Padayachee hand-over the certificates of achievement to the learners and deliver the key note address at the event.
<fn>GOV-ZA.29september20051En.2012-02-10.en.txt</fn>
According to Statistics SA's quarterly employment statistics (QES) survey, the number of people employed in the formal non agricultural business sector grew by about 131 000 from March (6.945 million employees) to June (7.076 million employees), an increase of 1.9 percent.
Gross earnings paid to employees during the quarter to June amounted to R151.981 billion, an increase of R5.535 billion, or 3.8 percent, compared with the three months to March.
This followed a decrease in both the number of people employed and their gross earnings between the quarter to December and the quarter to March. From one period to the next, the number of employees fell by 2.1 percent, while gross earnings fell by 8.3 percent.
The QES survey covers a sample of about 24 000 private and public enterprises in the formal non-agricultural business sector. Just over 90 percent of enterprises sampled responded to the questionnaire for the quarter to June.
The survey is designed to establish the number of persons employed in the business as at the end of the reference quarter; and their gross earnings, bonuses, overtime payments and severance, termination and redundancy benefits during the quarter.
The QES survey replaces the survey of employment and earnings (SEE), which was discontinued from June. While the SEE covered businesses registered for VAT with annual turnovers of R300 000 or more, the QES covers employing enterprises that are registered for income tax. This results in better coverage of small businesses not registered for VAT.
Community, social and personal services.
With the exception of electricity, gas and water supply, where employment remained constant, all economic sectors reflected increases in employment between the end of March and the end of June.
The biggest increase was in the construction industry, with an additional 46 000 employees, or 12.3 percent, in June compared with March. In the wholesale and retail trade there was a quarterly increase of 29 000 employees (2.2 percent), followed by the financial and business services industry, with a quarterly increase of 22 000 employees (1.5 percent).
Manufacturing had an increase of 14 000 employees, (1.2 percent), while community, social and personal services reported an increase of 11 000 employees (0.6 percent).
The transport, storage and communication industry showed an increase of 8 000 employees (2.6 percent), and in mining and quarrying an additional 1 000 people (0.2 percent) were employed.
In terms of gross employee earnings, all eight sectors reported increases between the quarter to March and the quarter to June.
These ranged from an increase of 47.9 percent, or R875 million, in electricity, gas and water supply (probably due to annual salary increases, performance bonuses and commission paid during the June quarter) down to the lowest percentage increase of 0.2 percent, or R47 million, in manufacturing. Construction rose 16.4 percent, or R765 million, while the rest added less than 10 percent. The biggest increase in rand terms was for personal and social services, where earnings rose R1.591 billion (3.5 percent).
After the generally negative changes recorded between the quarter to December and the quarter to March, the increases to June brought the number of employees and their gross earnings close to December 2004 levels.
The latest QES shows increases in both employment and gross earnings for all eight sectors, apart from electricity, gas and water supply, where employment remained stable.
This appears compatible with estimates of growth in gross domestic product, which have risen from 3.5 percent in the first quarter to 4.8 percent in the second quarter.
Percentage change -2.1 -8.
Percentage change +1.9 +3.
<fn>GOV-ZA.2CrimeSituationSaEn.2012-02-10.en.txt</fn>
Other sexual off ences committed before 16 December 2007 ----- 2548713005120092500012505 Any off ence of an indecent nature against a female person not elsewhere specified and she is not a co-operating party (only valid if committed before 16 December 2007) Immorality Act (see 14 and 15).
From table 16 it is evident that the highest ratio of murder reported during 2007/2008 was recorded in the Eastern Cape, followed by KwaZulu-Natal, the Western Cape and Gauteng (this indicates that the highest probablity of getting murdered existed in the Eastern Cape, followed by KwaZulu-Natal, etc.). The only province able to reach the 7 - 10% reduction target was the Western Cape, while alarming increases of 10,1% in Limpopo and 6,4% in Mpumalanga and the Free State respectively were noted. The incidence of murder stayed on the same level in KwaZulu-Natal. Four provinces recorded increases and the remaining four decreases.
The highest incidence of all sexual offences (per 100 000 of the population) was recorded in Gauteng, followed by the Northern Cape and Western Cape, while Limpopo featured at the bottom of the list. All the provinces, with the exception of the Western Cape - which also met the reduction target, experienced increases in sexual offences. The highest increase was recorded in Gauteng.
The highest incidence of attempted murder during 2008/2009 was recorded in the Northern Cape, followed by Gauteng and KwaZulu-Natal. According to the figures in table 18, all the provinces with the exception of the Free State recorded decreasing trends in the incidence of attempted murder during 2008/2009. The decreases recorded by the Western Cape, Gauteng and the Northern Cape met the 7 - 10% reduction target for contact crime.
The highest ratio of assault with the intent to inflict grievous bodily harm (more than twice the national ratio) was recorded in the Northern Cape. With the exception of Limpopo and KwaZulu-Natal, where the recorded ratios were less than 300, the levels of assault GBH in the other provinces except the Free State closely followed the national average. While all the provinces experienced decreases in the incidence of assault GBH, only the substantial decrease in the Western Cape met the contact crime reduction target, although Gauteng only barely missed it.
The highest incidence of common assault was recorded in the Free State, followed by the Western Cape and Gauteng. The lowest level of common assault was recorded in Limpopo, as was the case with regard to the other categories of social contact crime (see table 15). Six of the provinces recorded decreases in the incidence of common assault, with those in the Eastern Cape, the Western Cape, Limpopo and Mpumalanga either meeting or exceeding the contact crime reduction target.
The figures contained in tables 15 - 20 indicate that the highest ratios of social contact crime were recorded in the Northern Cape (1 653.4), the Free State (1 453.9), the Western Cape (1 284.0) and Gauteng (1 273.5).
South Africa. KwaZulu-Natal and the Western Cape recorded the second and third highest ratios, but closely matched the national average. Only the Western Cape and Gauteng were able to record decreases in aggravated robbery and these respectively exceeded and met the 7 - 10% reduction target.
The figures in table 22 indicate that 78,4% of all reported carjackings occurred in Gauteng and KwaZulu-Natal, with 51,1% and 27,2% of the cases respectively. With the exception of the Western Cape which recorded a remarkable decrease and North West with a marginal decrease, all the other provinces experienced increases - with those in Limpopo, Mpumalanga and the Free State reaching alarmingly high proportions. (The 40,0% increase in the Northern Cape is misleading, given the extremely low number of cases recorded in this province.
Raw figures are used in this table. The low figures in the Northern Cape make its increase statistically meaningless.
Most of the robberies at residential premises recorded during 2008/2009 were reported in Gauteng (44,1%) and KwaZulu-Natal (25,0%). A further 8,2% and 6,4% were reported in the Eastern Cape and Mpumalanga respectively. All the provinces experienced increases in the incidence of house robbery. The increases in the Free State and Eastern Cape were in excess of 100%. Only the increases in Gauteng, North West and the Western Cape fell below the national average.
The trends pertaining to robbery at non-residential premises (mostly businesses) are very similar to those observed with regard to robbery at residential premises. Most of the cases were reported in Gauteng (44,7%) and KwaZulu-Natal (18,0%). All the provinces experienced increases of more than 20% in the incidence of robbery at non-residential premises, with the highest increases being recorded in the Free State and Mpumalanga.
The provincial ratios of aggravated robbery contained in table 21 and the raw figures for the three trio crimes found in tables 22 - 24 depict the following situation: Most of the cases of aggravated robbery in general are reported in Gauteng, KwaZulu-Natal and the Western Cape. The three subcategories of aggravated robbery described as the trio crimes are also more prevalent in Gauteng and KwaZulu-Natal than elsewhere, but the third positions with regard to reported cases of house robbery, business robbery and carjacking are occupied by the Eastern Cape, the Western Cape and Mpumalanga respectively.
<fn>GOV-ZA.2En.2012-02-10.en.txt</fn>
© 2011 Ministry for Women, Children and Persons with Disabilities. Terms of Use & Privacy Policy. Web development by Flow Communications.
<fn>GOV-ZA.2bkoy87t5o200910AnnualReporteChapter4FinancialSustainabilityAndViabilityEn.2012-02-10.en.txt</fn>
revenue collection 100% 98% 99,22% after write-offs have been taken into consideration and 93.
traffic fine collection rate 75% 60% 46,47% The 46,47% refers to the projected estimated income. A Turnaround Strategy has been developed to improve traffic collection rate.
Review of the SCM Policy Policy reviewed Annually Target met Administratively the target was achieved, but the policy could not be approved as the consultative process could not be finalised.
Improved turnaround time for procurement processes (tender advertisement evaluation and adjudication) relating to the directorate N/A 12 weeks 17 weeks 101 tenders were finalized in the quarter of which 56 took longer than 12 weeks to finalize. These were as a result of annual tenders for which directorates started advertising in December/January already so as to provide them with sufficient time to finalize the tenders before the end of the financial year. The actual of 17 was derived at by dividing 120 days/7days. The reporting framework does not allow for accurate comparison as it focuses on the number of tenders exceeding 60, 90 and 120 days.
Credit rating of aa3.za to be maintained Maintained aa3.za rating Aa3.
Implementation of a capital budget priority rating system Draft system in place By March 2010 Capital Budget Priority System is in place A capital budget priority rating system is in place whereby all projects are linked to the 5 IDP priorities. The Financial Services Model then determines the affordability limits. The individual Directorates then, in consultation with their portfolio councillors, need to rightsize their budgets to fall within the affordability limits. Due to the consultative nature, it has not been deemed necessary to develop the system any further.
of the Municipality's capital budget spent on capital projects identified in terms of IDP 96.60% 95% 80,14% The underperformance was due to directorates such as Infrastructure & Engineering, Public Health, EDRS, and Special Programmes Directorate.
2010/11 financial year. The expenditure levels remain the same and the bulk of the unspent funding will be spent in the initial stages of the 2010/11 financial year.
expenditure Operating (total) 95% 92% 95% 108.
of workplace skills and training budget spent 87% 95% 79% The organisation spent 79% of its training budget as at year end.
Cost coverage N/A 1 month 0.
Creditors to be paid within 30 days of date of invoice 30 days 30 days 25 days days Legal compliance requires that creditors be paid within 30 days of receipt of the invoice and not 30 days from date of invoice -paying within 30 days of receipt of invoice is more prudent in preserving the cost coverage of council-a mitigating circumstance. The target must be adjusted accordingly to be in line with the MFMA.
Towards the end of the review period, the Municipality started to experience a financial challenge, caused by a congruence of factors, amongst other things, a cash flow challenge. The Municipality is development a turnaround strategy to address these challenges.
2008/09 98% 91.7% before write-offs are taken into consideration, and 100.
2009/10 98% 99,22% after write-offs have been taken into consideration and 93.
The actual capital spending for the 2009/10 financial year amounted to R2 333 696 684 compared to a budget of R2 912 089 420, resulting in a 80,14% spending rate.
The Audited Financial Statements of the Municipality are contained in Annexure "B".
Actual income for the year amounted to R6 125 845 669, compared to the budget of R5 303 241 260. Actual expenditure for the year amounted to R5 659 559 022, compared to the budget of R5 208 008 400.
Information on grants and subsidies received by the Municipality over the review period is reflected in the table below.
This Grant is received from Provincial Government and is used for the construction of low cost housing.
Conditions still to be met -transferred to liabilities 0 2.
This grant is received from the Provincial Government and used in the Health function.
Conditions still to be met -transferred to liabilities 0 3.
In terms of the Constitution, this grant is used to subsidise the provision of basic services to indigent community members.
Conditions still to be met -transferred to liabilities 0 4.
This grant is used in the financial reform project under the guidance of National Treasury.
Conditions still to be met -transferred to liabilities 0 5.
This Grant is used in the provision of books and services in the municipality's libraries.
Balance unspent at beginning of year Current year receipts Funding of Capital Projects Conditions met -transferred to revenue Conditions still to be met -transferred to liabilities 791,422 50,199 841,621 6.
This Subsidy is used for the development of Small businesses in the Metropolitan Area.
Conditions still to be met -transferred to liabilities 192,500 7.
This Grant was received from the Department of Provincial and Local Government as an initiative to improve municipal systems relating to the collection of debt.
Conditions still to be met -transferred to liabilities 84,492 8. Disaster Management Grant a This grant is being used for the establishment of a Disaster Management Centre and related infrastructure.
Conditions still to be met -transferred to liabilities 0 b This Grant is used to provide aid to those in need when disasters arise in the metropolitan area.
Conditions still to be met -transferred to liabilities 0 9.
This Grant is used for the provision of Infrastructure in the metropolitan area.
Conditions still to be met -transferred to liabilities 495,991 10.
This Grant is used to promote Economic development.
Conditions still to be met -transferred to liabilities 28,229 11.
Conditions still to be met -transferred to liabilities 7,474,054 12.
This Grant is used to promote Economic development in the Uitenhage and Despatch Development Initiative.
Conditions still to be met -transferred to liabilities 3,934,828 13.
This Grant is used for capacity building of employees in the municipality's Housing and Land Directorate.
Conditions still to be met -transferred to liabilities 3,716,666 14.
Conditions still to be met -transferred to liabilities 0 15.
This Grant is used to fund the building of the 2010 Soccer World Cup Stadium.
Conditions still to be met -transferred to liabilities 33,988,642 16.
This Grant is used for Youth Development.
Conditions still to be met -transferred to liabilities 53,623 17.
Conditions still to be met -transferred to liabilities 0 18.
This Grant is used for HIV / AIDS projects.
Conditions still to be met -transferred to liabilities 0 19.
Conditions still to be met -transferred to liabilities 0 20.
This Grant is received from National Treasury for upgrading of infrastructure to support the 2010 World Cup Stadium.
Conditions still to be met -transferred to liabilities 0 21.
This Grant is used to fund electricity connections and upon application also the upgrade of the Electricity infrastructure in order to install these electricity connections.
Conditions still to be met -transferred to liabilities 0 22.
This Grant is received from the European Union to fund various authorised developmental projects.
Conditions still to be met -transferred to liabilities 24,292,924 23.
Conditions still to be met -transferred to liabilities 21,823,720 24. Other Grants These are grants received by the municipality for various purposes.
Balance unspent at beginning of year Current year receipts Funding of Operating Projects National & Provincial Government Capex Funding Debtor Raised Conditions met -transferred to revenue Conditions still to be met -transferred to liabilities 134,813,306 122,279,388 -70,631,358 -91,813,442 89,152,363 -65,438,648 118,361,609 25.
The Municipality entered into no long-term contracts during the review period.
For annual performance information with regard to financial viability, please refer to page 134.
Additional performance information is reflected in the table below.
1 Percentage of expenditure on capital budget 2 912 089 (95%) 2 333 696 80.
2 Salary budget as a percentage of the total operating budget 1 485 352 (29.
3 Total actual trade creditors as a percentage of total actual revenue 1 063 443 (20%) 1 612 559 26.
5 Rate of municipal debt reduction 23 537 1.
The arrears in property rates and services charges over the review period are reflected in the table below.
Global economic meltdown.
Huge maintenance and service delivery backlogs.
Depletion of the Capital Replacement Reserve.
Coega IDZ infrastructure requirements.
Maintaining collection rates at targeted levels.
Financial affordability of external loan financing.
Unfunded mandates, especially around provincial road construction, lowincome housing delivery, health and libraries.
Non-gazetting of budgets by provincial departments.
Escalating cost of electricity.
Integrated political intervention to deal with the aforementioned intergovernmental challenges.
Full identification and mobilisation of all resources at the disposal of the Municipality to promote service delivery.
Review of credit control policies and revival of an integrated campaign for payment of municipal services.
Campaign to register ATTP qualifying households.
The need to enhance the Municipality's revenue base.
<fn>GOV-ZA.2etsEn.2012-02-10.en.txt</fn>
Correctional Service Minister Ngconde Balfour has appointed Judge Deon Van Zyl of the Cape Provincial Division as Acting Inspecting Judge of Prisons with effect from 1 May 2008, taking over from Judge Ntlupheko Yekiso who has acted in the position for a year. Judge Van Zyl will fill the position also held in an acting capacity by Judge Ntlupheko Yekiso since March 2007.
<fn>GOV-ZA.2historyEn.2012-02-10.en.txt</fn>
There seems to be general agreement among scholars that humankind had its earliest origins in Africa. South Africa is rich in fossil evidence of the evolutionary history of the human family, going back several million years. The discovery of the skull of a Taung child in 1924; the latest discoveries of hominid fossils at Sterkfontein caves, recently declared a World Heritage Site; and the ground-breaking work done at Blombos Cave in the Southern Cape, have all put South Africa at the forefront of palaeontological research into the origins of humanity. Modern humans have lived in the region for over 100 000 years.
The small, mobile bands of Stone Age hunter-gatherers, who created a wealth of rock art, were the ancestors of the Khoekhoe and San of historical times. The Khoekhoen and San (the 'Hottentots' and 'Bushmen' of early European terminology), although collectively known as the Khoisan, are often thought of as distinct peoples.
The former were those who, some 2 000 years ago, adopted a pastoralist lifestyle herding sheep and, later, cattle.
The Truth and Reconciliation Commission helped inculcate a commitment to accountability and transparency in South Africa's public life, at the same time helping to heal the wounds inflicted by the inhumanities of the apartheid era.
hunter-gatherers adapted to local environments and were scattered across the subcontinent, the herders sought out the pasturelands between modern-day Namibia and the Eastern Cape, which, generally, are near the coast.
At around the same time, Bantu-speaking agropastoralists began arriving in southern Africa, bringing with them an Iron Age culture and domesticated crops. After establishing themselves in the well-watered eastern coastal region of Southern Africa, these farmers spread out across the interior plateau, or 'highveld', where they adopted a more extensive cattle-farming culture. Chiefdoms arose, based on control over cattle, which gave rise to systems of patronage and hence hierarchies of authority within communities. Cattle exchanges formed the basis of polygamous marriage arrangements, facilitating the accumulation of social power through control over the labour of kin groups and dependants.
Metallurgical skills, developed in the mining and processing of iron, copper, tin and gold, promoted regional trade and craft specialisation. At several archaeological sites, such as Mapungubwe and Thulamela in the Limpopo Valley, there is evidence of sophisticated political and material cultures, based in part on contact with the East African trading economy. These cultures, which were part of a broader African civilisation, predate European encroachment by several centuries. Settlement patterns varied from the dispersed homesteads of the fertile coastal regions in the east, to the concentrated towns of the desert fringes in the west.
The farmers did not, however, extend their settlement into the western desert or the winter-rainfall region in the south-west. These regions remained the preserve of the Khoisan until Europeans put down roots at the Cape of Good Hope. This meant that the farmers were little affected by the white presence for the first century during which European settlement expanded from the Western Cape.
Currently, aided by modern science in uncovering the continent's past, which forms part of the African Renaissance, South Africa is gaining a greater understanding of its rich precolonial past and African achievements that were to be disrupted and all but hidden from sight in the period that followed.
Portuguese seafarers, who pioneered the sea route to India in the late 15th century, were regular visitors to the South African coast during the early 1500s. Other Europeans followed from the late 16th century.
In 1652, the Dutch East India Company (VOC) set up a station in Table Bay (Cape Town) to provision passing ships. Trade with the Khoekhoe(n) for slaughter stock soon degenerated into raiding and warfare. Beginning in 1657, European settlers were allotted farms by the colonial authorities in the arable regions around Cape Town, where wine and wheat became the major products. In response to the colonists' demand for labour, the VOC imported slaves from East Africa, Madagascar, and its possessions from the East Indies.
By the early 1700s, the colonists had begun to spread into the hinterland beyond the nearest mountain ranges. These relatively independent and mobile farmers (trekboers), who lived as pastoralists and hunters, were largely free from supervision by the Dutch authorities.
As they intruded further upon the land and water sources, and stepped up their demands for livestock and labour, more and more of the indigenous inhabitants were dispossessed and incorporated into the colonial economy as servants. Diseases such as smallpox, which was introduced by the Europeans in 1713, decimated the Khoisan, contributing to the decline of their cultures. Unions across the colour line took place and a new multiracial social order evolved, based on the supremacy of European colonists. The slave population steadily increased since more labour was needed.
By the mid-1700s there were more slaves in the Cape than there were 'free burghers' (European colonists). The Asian slaves were concentrated in the towns, where they formed an artisan class. They brought with them the Islam religion, which gained adherents and significantly shaped the working-class culture of the Western Cape. Slaves of African descent were found more often on the farms of outlying districts.
In the late 1700s, Khoisan bands offered far more determined resistance to colonial encroachment across the length of the colonial frontier. From the 1770s, colonists also came into contact and conflict with Bantu-speaking chiefdoms some 700 km east of Cape Town. A century of intermittent warfare ensued during which the colonists gained ascendancy first over the Khoisan and then over the Xhosaspeaking chiefdoms to the east. It was only in the late 1800s that the subjugation of these settled African societies became feasible. For some time their relatively sophisticated social structure and economic systems fended off decisive disruption by incoming colonists, who lacked the necessary military superiority.
At the same time, a process of cultural change was set in motion, not least by commercial and missionary activity. In contrast to the Khoisan, the black farmers were by and large immune to European diseases. For this and other reasons they were to greatly outnumber the whites in the population of whiteruled South Africa, and were able to preserve important features of their culture. A spate of State-building was launched beyond the frontiers of European settlement. Perhaps because of population pressures, combined with the actions of slave traders in Portuguese territory on the east coast, the old order was upset and the Zulu kingdom emerged as a highly centralised State. In the 1820s, the innovative leader Shaka established sway over a considerable area of south-east Africa and brought many chiefdoms under his dominion.
As splinter groups conquered and absorbed communities in their path, the disruption was felt as far north as central Africa. Substantial states, such as Moshoeshoe's Lesotho and other Sotho-Tswana chiefdoms, were established, partly for reasons of defence. The mfecane or difaqane, as this period of disruption and State formation became known, remains the subject of much speculative debate.
But the temporary disruption of life on the Highveld served to facilitate Boer expansion northwards from the 1830s, and provided a myth of the 'empty land' which whites employed to justify their domination over the subcontinent in the 20th century.
In 1795, the British occupied the Cape as a strategic base against the French, controlling the sea route to the East.
After a brief reversion to the Dutch in the course of the Napoleonic wars, it was retaken in 1806 and kept by Britain in the post-war settlement of territorial claims. The closed and regulated economic system of the Dutch period was swept away as the Cape Colony was integrated into the dynamic international trading empire of industrialising Britain.
A crucial new element was evangelicalism, brought to the Cape by Protestant missionaries. The evangelicals believed in the liberating effect of 'free' labour and in the 'civilising mission' of British imperialism. They were convinced that indigenous peoples could be fully assimilated into European Christian culture once the shackles of oppression had been removed.
The most important representative of the mission movement in South Africa was Dr John Philip, who arrived as superintendent of the London Missionary Society in 1819. His campaign on behalf of the oppressed Khoisan coincided with a high point in official sympathy for philanthropic concerns.
One result was Ordinance 50 of 1828, which guaranteed equal civil rights for 'people of colour' within the colony and freed them from legal discrimination. At the same time, a powerful anti-slavery movement in Britain promoted a series of ameliorative measures, imposed on the colonies in the 1820s, and the proclamation of emancipation, which came into force in 1834. The slaves were subject to a four-year period of 'apprenticeship' with their former owners on the grounds that they must be prepared for freedom, which came on 1 December 1838.
Although slavery had become less profitable because of a depression in the wine industry, Cape slave-owners rallied to oppose emancipation. The compensation money, which the British treasury paid out to sweeten the pill, injected unprecedented liquidity into the stagnant local economy. This brought a spurt of company formation, such as banks and insurance companies, as well as a surge of investment in land and wool sheep in the drier regions of the colony, in the late 1830s. Wool became a staple export on which the Cape economy depended for its further development in the middle decades of the century.
For the ex-slaves, as for the Khoisan servants, the reality of freedom was very different from the promise. As a wage-based economy developed, they remained a dispossessed and exploited element in the population, with little opportunity to escape their servile lot.
Increasingly, they were lumped together as the 'coloured' people, a group which included the descendants of unions between indigenous and European peoples and a substantial Muslim minority who became known as the 'Cape Malays' (misleadingly, as they mostly came from the Indonesian archipelago). The coloured people were discriminated against on account of their working-class status as well as their racial identity. Among the poor, especially in and around Cape Town, there continued to be a great deal of racial mixing and intermarriage throughout the 1800s.
In 1820, several thousand British settlers, who were swept up by a scheme to relieve Britain of its unemployed, were placed in the eastern Cape frontier zone as a buffer against the Xhosa chiefdoms.
The vision of a dense settlement of small farmers was, however, ill-conceived and many of the settlers became artisans and traders. The more-successful became an entrepreneurial class of merchants, large-scale sheep farmers and speculators with an insatiable demand for land.
Some became fierce warmongers who pressed for the military dispossession of the chiefdoms. They coveted Xhosa land and welcomed the prospect of war involving largescale military expenditure by the imperial authorities. The Xhosa engaged in raiding as a means of asserting their prior claims to the land. Racial paranoia became integral to white frontier politics. The result was that frontier warfare became endemic through much of the 19th century, during which Xhosa war leaders such as Chief Maqoma became heroic figures to their people.
By the mid-1800s, British settlers of similar persuasion were to be found in Natal. They too called for imperial expansion in support of their land claims and trading enterprises.
Meanwhile, large numbers of the original colonists, the Boers, were greatly extending white settlement beyond the Cape's borders to the north, in the movement that became known as the Great Trek, in the mid-1830s. Alienated by British liberalism, and with their economic enterprise usurped by British settlers, several thousand Boers from the interior districts, accompanied by a number of Khoisan servants, began a series of migrations northwards. They moved to the Highveld and Natal, skirting the great concentrations of black farmers on the way by taking advantage of the areas disrupted during the mfecane.
When the British, who were concerned about controlling the traffic through Port Natal (Durban), annexed the territory of Natal in 1843, those emigrant Boers who had hoped to settle there returned inland. The Voortrekkers (as they were later called) coalesced in two land-locked Republics, the South African Republic (Transvaal) and the Orange Free State. There, the principles of racially exclusive citizenship were absolute, despite the trekkers' reliance on black labour. With limited coercive power, the Boer communities had to establish relations and develop alliances with some black chiefdoms, neutralising those who obstructed their intrusion or who posed a threat to their security.
Only after the mineral discoveries of the late 1800s did the balance of power swing decisively towards the colonists. The Boer Republics then took on the trappings of real statehood and imposed their authority within the territorial borders that they had notionally claimed for themselves.
The Colony of Natal, situated to the south of the mighty Zulu State, developed along very different lines from the original colony of settlement, the Cape. The size of the black population left no room for the assimilationist vision of race domination embraced in the Cape. Chiefdoms consisting mainly of refugee groups in the aftermath of the mfecane were persuaded to accept colonial protection in return for reserved land and the freedom to govern themselves in accordance with their own customs. These chiefdoms were established in the heart of an expanding colonial territory.
Natal developed a system of political and legal dualism, whereby chiefly rule was entrenched and customary law was codified. Although exemptions from customary law could be granted to the educated products of the missions, in practice they were rare. Urban residence was strictly controlled and political rights outside the reserves were effectively limited to whites. Natal's system is widely regarded as having provided a model for the segregationism of the 20th century.
Natal's economy was boosted by the development of sugar plantations in the subtropical coastal lowlands. Indian-indentured labourers were imported from 1860 to work the plantations, and many Indian traders and market gardeners followed.
These Indians, who were segregated and discriminated against from the start, became a further important element in South Africa's population. It was in South Africa that Mohandas Gandhi refined from the mid-1890s the techniques of passive resistance, which he later effectively practised in India. Although Indians gradually moved into the Transvaal and elsewhere, they remain concentrated mainly in Natal.
In 1853, the Cape Colony was granted a representative legislature in keeping with British policy, followed in 1872 by self-government. The franchise was formally non-racial but also based on income and property qualifications. The result was that Africans and 'coloured' people formed a minority - although in certain places a substantial one - of voters.
What became known as the 'liberal tradition' in the Cape depended on the fact that the great mass of Bantu-speaking farmers remained outside its colonial borders until late in the 19th century. Non-racialism could thus be embraced without posing a threat to white supremacy.
Numbers of Africans within the Cape colony had had sufficient formal education or owned enough property to qualify for the franchise. Political alliances across racial lines were common in the eastern Cape constituencies. It is therefore not surprising that the eastern Cape became a seedbed of African nationalism, once the ideal and promise of inclusion in the common society had been so starkly violated by later racial policies.
By the late 19th century, the limitations of the Cape's liberal tradition were becoming apparent. The hardening of racial attitudes that accompanied the rise of a more militant imperialist spirit coincided locally with the watershed discovery of mineral riches in the interior of southern Africa. In a developing economy, cheap labour was at a premium, and the claims of educated Africans for equality met with increasingly fierce resistance.
At the same time, the large numbers of Africans in the chiefdoms beyond the Kei River and north of the Gariep (Orange River), then being incorporated into the Cape Colony, posed new threats to racial supremacy and white security, increasing segregationist pressures.
Alluvial diamonds were discovered on the Vaal River in the late 1860s. The subsequent discovery of dry deposits at what became the city of Kimberley drew tens of thousands of people, black and white, to the first great industrial hub in Africa, and the largest diamond deposit in the world. In 1871, the British, who ousted several rival claimants, annexed the diamond fields, which fell in sparsely populated territory to the west of the main corridors of northward migration. The Colony of Griqualand West thus created was incorporated into the Cape Colony in 1880. By 1888, the consolidation of diamond claims had led to the creation of the huge De Beers monopoly under the control of Cecil Rhodes. He used his power and wealth to become Prime Minister of the Cape Colony (1890 - 1896) and, through his chartered British South Africa Company, conqueror and ruler of modern-day Zambia and Zimbabwe.
The mineral discoveries had a major impact on the subcontinent as a whole. A railway network linking the interior to the coastal ports revolutionised transportation and energised agriculture. Coastal cities such as Cape Town, Port Elizabeth, East London and Durban experienced an economic boom as port facilities were upgraded.
The fact that the mineral discoveries coincided with a new era of imperialism and the scramble for Africa, brought imperial power and influence to bear in southern Africa as never before.
Independent African chiefdoms were systematically subjugated and incorporated by their white-ruled neighbours. The most dramatic example was the Zulu War of 1879, which saw the Zulu State brought under imperial control, during which King Cetshwayo's impis inflicted a celebrated defeat on British forces at Isandlwana. In 1897, Zululand was incorporated into Natal. The South African Republic (Transvaal) was annexed by Britain in 1877. Boer resistance led to British withdrawal in 1881, but not before the Pedi (northern Sotho) State, which fell within the Republic's borders, had been subjugated. The indications were that, having once been asserted, British hegemony was likely to be reasserted. The southern Sotho and Swazi territories were also brought under British rule but maintained their status as imperial dependencies, so that both the current Lesotho and Swaziland escaped the rule of local white regimes.
The discovery of the Witwatersrand goldfields in 1886 was a turning point in the history of South Africa. It presaged the emergence of the modern South African industrial State.
Once the extent of the reefs had been established, and deep-level mining had proved to be a viable investment, it was only a matter of time before Britain and its local representatives again found a pretext for war against the Boer Republics of Transvaal and the Orange Free State.
The demand for franchise rights for English-speaking immigrants on the goldfields (Uitlanders) provided a lever for applying pressure on the Government of President Paul Kruger.
Egged on by the deep-level mining magnates, to whom the Boer Government seemed obstructive and inefficient, and by the expectation of an Uitlander uprising, Rhodes launched a raid into the Transvaal in late December 1895. The raid's failure saw the end of Rhodes' political career, but Sir Alfred Milner, British High Commissioner in South Africa from 1897, was determined to overthrow Kruger's Government and establish British rule throughout the subcontinent. The Boer Government was eventually forced into a declaration of war in October 1899.
The mineral discoveries had a radical impact on every sphere of society. Labour was required on a massive scale and could only be provided by Africans, who had to be drawn away from the land.
Many Africans did respond with alacrity to the opportunities presented by wage labour, travelling long distances to earn money to supplement rural enterprise in the homestead economy.
In response to the expansion of internal markets, Africans exploited their farming skills and family labour to good effect to increase production for sale. A substantial black peasantry arose, often by means of share-cropping or labour tenantry on white-owned farms.
For the white authorities, however, the chief consideration was ensuring a labour supply and undermining black competition on the land. Conquest, land dispossession, taxation and pass laws were designed to force black men off the land and channel them into labour markets, especially to meet the needs of the mines.
Gradually, the alternatives available to them were closed, and the decline of the homestead economy made wage labour increasingly essential for survival. The integration of Africans into the emerging urban and industrial society of South Africa should have followed these developments, but short-term, recurrent labour migrancy suited employers and the authorities, which sought to entrench the system.
The closed compounds pioneered on the diamond fields, as a means of migrant labour control, were replicated at the gold mines. The preservation of communal areas from which migrants could be drawn had the effect of lowering wages, by denying Africans rights within the urban areas and keeping their families and dependants on subsistence plots in the reserves.
Africans could be denied basic rights if the fiction could be maintained that they did not belong in 'white South Africa' but to 'tribal societies' from which they came to service the 'white man's needs'. Where black families secured a toehold in the urban areas, local authorities confined them to segregated 'locations'. This set of assumptions and policies informed the development of segregationist ideology and, later (from 1948), apartheid.
The War that followed the mineral revolution was mainly a white man's war. In its first phase, the Boer forces took the initiative, besieging the frontier towns of Mafeking (Mafikeng) and Kimberley in the northern Cape, and Ladysmith in northern Natal. Some colonial Boers rebelled, however, in sympathy with the Republics. But after a large expeditionary force under Lords Roberts and Kitchener arrived, the British advance was rapid. Kruger fled the Transvaal shortly before Pretoria fell in June 1900.
The formal conquest of the two Boer Republics was followed by a prolonged guerrilla campaign. Small, mobile groups of Boers denied the imperial forces their victory, by disrupting rail links and supply lines.
Commandos swept deep into colonial territory, rousing rebellion wherever they went. The British were at a disadvantage owing to their lack of familiarity with the terrain and the Boers' superior skills as horsemen and sharpshooters. The British responded with a scorched-earth policy. This included farm burnings, looting and the setting-up of concentration camps for non-combatants, in which some 26 000 Boer women and children died from disease. The incarceration of black (including coloured) people in the path of the War in racially segregated camps has been absent in conventional accounts of the War and has only recently been acknowledged.
They too suffered appalling conditions and some 14 000 (perhaps many more) are estimated to have died.
At the same time, many black farmers were in a position to meet the demand for produce created by the military, or avail themselves of employment opportunities at good wages. Some 10 000 black servants accompanied the Boer commandos, and the British used Africans as labourers, scouts, dispatch riders, drivers and guards.
The War also taught many Africans that the forces of dispossession could be rolled back if the circumstances were right. It gave black communities the opportunity to recolonise land lost in conquest, which enabled them to withhold their labour after the War. Most supported the British in the belief that Britain was committed to extending civil and political rights to black people.
In this they were to be disappointed, as in the Treaty of Vereeniging that ended the War the British agreed to leave the issue of rights for Africans to be decided by a future self-governing (white) authority. All in all, the Anglo-Boer/South African War was a radicalising experience for Africans.
Britain's reconstruction regime set about creating a white-ruled dominion by uniting the former Boer Republics (both by then British colonies) with Natal and the Cape.
The most important priority was to re-establish white control over the land and force the Africans back to wage labour. The labourrecruiting system was improved, both internally and externally. Recruiting agreements were reached with the Portuguese authorities in Mozambique, from where much mine labour came.
When, by 1904, African sources still proved inadequate to get the mines working at pre-War levels, over 60 000 indentured Chinese were brought in. This precipitated a vociferous outcry from proponents of white supremacy in South Africa and liberals in Britain.
By 1910, all had been repatriated, a step made easier when a surge of Africans came forward from areas such as the Transkeian territories and the northern Transvaal, which had not previously been large-scale suppliers of migrants. This was the heyday of the private recruiters, who exploited families' indebtedness to procure young men to labour in the mines. The Africans' post-War ability to withhold their labour had been undercut by government action, abetted by drought and stock disease.
The impact of the Anglo-Boer/South African War as a seminal influence in the development of Afrikaner nationalist politics became apparent in subsequent years.
The Boer leaders - most notably Louis Botha, Jan Smuts and J.B.M. Hertzog - played a dominant role in the country's politics for the next half century. After initial plans for anglicisation of the defeated Afrikaners through the education system and numerical swamping through British immigration were abandoned as impractical, the British looked to the Afrikaners as collaborators in securing imperial political and economic interests.
During 1907 and 1908, the two former Boer Republics were granted self-government but, crucially, with a whites-only franchise. Despite promises to the contrary, black interests were sacrificed in the interest of white nationbuilding across the white language divide. The National Convention drew up a constitution and the four colonies became an independent dominion called the Union of South Africa on 31 May 1910.
The 19th-century formally non-racial franchise was retained in the Cape but was not extended elsewhere, where rights of citizenship were confined to whites alone.
It was clear from the start that segregation was the conventional wisdom of the new rulers. Black people were defined as outsiders, without rights or claims on the common society that their labour had helped to create.
Government policy in the Union of South Africa did not develop in isolation, but against the backdrop of black political initiatives. Segregation and apartheid assumed their shape, in part, as a white response to Africans' increasing participation in the country's economic life and their assertion of political rights. Despite the Government's efforts to shore up traditionalism and retribalise them, black people became more fully integrated into the urban and industrial society of 20th-century South Africa than happened elsewhere on the continent. An educated élite of clerics, teachers, business people, journalists and professionals grew to be a major force in black politics.
Mission Christianity and its associated educational institutions exerted a profound influence on African political life, and separatist churches were early vehicles for African political assertion. The experiences of studying abroad, and in particular, interaction with black people struggling for their rights elsewhere in Africa, the United States of America and the Caribbean, played an important part. A vigorous black press, associated in its early years with such pioneer editors as J.T. Jabavu, Pixley Seme, Dr Abdullah Abdurahman, Sol Plaatje and John Dube, served the black reading public.
At the same time, African communal struggles to maintain access to the land in rural areas posed a powerful challenge to the white State.
Traditional authorities often led popular struggles against intrusive and manipulative policies. Government attempts to control and co-opt the chiefs often failed.
Steps towards the formation of a national political organisation of coloureds began around the turn of the century, with the formation of the African Political Organisation in 1902 by Dr Abdurahman mainly in the Cape Province. The African National Congress (ANC), founded in 1912, became, however, the most important black organisation drawing together traditional authorities and the educated African élite in common causes.
In its early years, the ANC was concerned mainly with constitutional protest. Worker militancy emerged in the wake of the First World War, and continued through the 1920s.
It included strikes and an anti-pass campaign given impetus by women, particularly in the Free State, resisting extension of the pass laws to them. The Industrial and Commercial Workers' Union, under the leadership of Clements Kadalie, was (despite its name) the first populist, nationwide organisation representing blacks in rural as well as urban areas. But it was short-lived. The Communist Party, formed in 1921 and since then a force for both non-racialism and worker organisation, was to prove far longer-lasting. In other sections of the black population too, the turn of the century saw organised opposition emerging. Gandhi's leadership of protest against discriminatory laws gave impetus to the formation of provincial Indian congresses, including the Natal Indian Congress formed by Ghandi in 1894.
The principles of segregationist thinking were laid down in a 1905 report by the South African Native Affairs Commission and continued to evolve in response to these economic, social and political pressures. In keeping with its recommendations, the first Union government enacted the seminal Natives Land Act in 1913.
This defined the remnants of their ancestral lands after conquest for African occupation, and declared illegal all land purchases or rent tenancy outside these reserves.
The reserves ('homelands' as they were subsequently called) eventually comprised about 13% of South Africa's land surface. Administrative and legal dualism reinforced the division between white citizen and black non-citizen, a dispensation personified by the Governor-General who, as 'Supreme Chief' over the country's African majority, was empowered to rule them by administrative fiat and decree.
The Government also regularised the job colour bar, reserving skilled work for whites and denying African workers the right to organise.
Legislation, which was consolidated in the Natives (Urban Areas) Act, 1923, entrenched urban segregation and controlled African mobility by means of pass laws. The pass laws were intended to enmesh Africans in a web of coercion designed to force them into labour and keep them there under conditions and at wage levels that suited white employers, and to deny them any bargaining power.
In these and other ways, the foundations of apartheid were laid by successive governments representing the compromises hammered out by the National Convention of 1908 to 1909 to effect the union of Englishand Afrikaans-speaking whites.
Divisions within the white community remained significant, however. Afrikaner nationalism grew as a factor in the years after union.
It was given impetus in 1914, both by the formation of the National Party (NP), in a breakaway from the ruling South African Party, and by a rebellion of Afrikaners who could not reconcile themselves with the decision to join the First World War against Germany. In part, the NP spoke for Afrikaners impoverished by the Anglo-Boer/South African War and dislodged from the land by the development of capitalist farming.
An Afrikaner underclass was emerging in the towns, which found itself uncompetitive in the labour market, as white workers demanded higher wages than those paid to blacks.
Soon, labour issues came to the fore. In 1920, some 71 000 black mineworkers went on strike in protest against the spiralling cost of living, but the strike was quickly put down by isolating the compounds where the migrant workers were housed.
Another threat to government came from white workers. Immigrant white workers with mining experience abroad performed much of the skilled and semi-skilled work on the mines. As mine-owners tried to cut costs by using lower-wage black labour in semi-skilled jobs, white labour became increasingly militant. These tensions culminated in a bloody and dramatic rebellion on the goldfields in 1922, which the Smuts Government put down with military force. In 1924, a Pact government under Hertzog, comprising Afrikaner nationalists and representatives of immigrant labour, ousted the Smuts regime.
The Pact was based on a common suspicion of the dominance of mining capital, and a determination to protect the interests of white labour by intensifying discrimination against blacks. The commitment to white labour policies in government employment such as the railways and postal service was intensified, and the job colour bar was reinforced, with one of its main objectives to address what was known as a 'poor-white problem'.
In 1934, the main white parties fused to combat the local effects of a worldwide depression. This was followed by a new Afrikaner nationalist breakaway under Dr D.F. Malan.
In 1936, white supremacy was further entrenched by the United Party with the removal of the Africans of the Cape Province who qualified from the common voters' roll. Meanwhile Malan's breakaway NP was greatly augmented by an Afrikaner cultural revival spearheaded by the secret white male Afrikaner Broederbond and other cultural organisations during the year of the Voortrekker Centenary Celebrations (1938), as well as anti-war sentiment from 1939.
After the Second World War, in 1948, the NP, with its ideology of apartheid that brought an even more rigorous and authoritarian approach than the segregationist policies of previous governments, won the general election. It did so against the background of a revival of mass militancy during the 1940s, after a period of relative quiescence in the 1930s when black groups attempted to foster unity among themselves.
The change was marked by the formation of the ANC Youth League in 1943, fostering the leadership of figures such as Nelson Mandela, Oliver Tambo and Walter Sisulu (who passed away in May 2003), who were to inspire the struggle for decades to come.
In the 1940s, squatter movements in periurban areas brought mass politics back to the urban centres.
The 1946 mineworkers' strike was a turning point in the emergence of a politics of mass mobilisation.
As was the case with the First World War, the experience of the Second World War and post-War economic difficulties enhanced discontent. For those who supported the NP, its primary appeal lay in its determination to maintain white domination in the face of rising mass resistance; uplift poor Afrikaners; challenge the pre-eminence of Englishspeaking whites in public life, the professions and business; and abolish the remaining imperial ties. The State became an engine of patronage for Afrikaner employment. The Afrikaner Broederbond co-ordinated the Party's programme, ensuring that Afrikaner nationalist interests and policies attained ascendancy throughout civil society.
In 1961, the NP Government under Prime Minister H.F. Verwoerd declared South Africa a Republic, after winning a whites-only referendum on the issue. A new currency, the Rand, new flag, anthem and coat of arms were formally introduced. South Africa, having become a Republic, had to apply for continued membership of the Commonwealth - in the face of demands for an end to apartheid, South Africa withdrew its application and a figurehead president replaced the Queen (represented locally by the Governor-General) as Head of State.
In most respects, apartheid was a continuation, in more systematic and brutal form, of the segregationist policies of previous governments.
A new concern with racial purity was apparent in laws prohibiting interracial sex and provisions for population registration requiring that every South African be assigned to one discrete racial category or another.
For the first time, the coloured people, who had always been subjected to informal discrimination, were brought within the ambit of discriminatory laws. In the mid-1950s, government took the drastic step of overriding an entrenched clause in the 1910 Constitution of the Union so as to be able to remove coloured voters from the common voters' roll. It also enforced residential segregation, expropriating homes where necessary and policing massive forced removals into coloured 'group areas'.
Until the 1940s, South Africa's racial policies had not been entirely out of step with those to be found in the colonial world. But by the 1950s, which saw decolonisation and a global backlash against racism gather pace, the country was dramatically opposed to world opinion on questions of human rights. The architects of apartheid, among whom Dr Verwoerd was pre-eminent, responded by elaborating a theory of multinationalism. Their policy, which they termed 'separate development', divided the African population into artificial ethnic 'nations', each with its own 'homeland' and the prospect of 'independence', supposedly in keeping with trends elsewhere on the continent. This divide-andrule strategy was designed to disguise the racial basis of official policy-making by the substitution of the language of ethnicity. This was accompanied by much ethnographic engineering as efforts were made to resurrect tribal structures. In the process, the Government sought to create a significant collaborating class.
The truth was that the rural reserves were by this time thoroughly degraded by overpopulation and soil erosion. This did not prevent four of the 'homeland' structures (Transkei, Bophuthatswana, Venda and Ciskei) being declared 'independent', a status which the vast majority of South Africans, and therefore also the international community, declined to recognise. In each case, the process involved the repression of opposition and the use by the Government of the power to nominate and thereby pad elected assemblies with a quota of compliant figures.
Forced removals from 'white' areas affected some 3,5 million people and vast rural slums were created in the homelands, which were used as dumping grounds. The pass laws and influx control were extended and harshly enforced, and labour bureaux were set up to channel labour to where it was needed. Hundreds of thousands of people were arrested or prosecuted under the pass laws each year, reaching over half a million a year from the mid-1960s to the mid-1970s. Industrial decentralisation to growth points on the borders of (but not inside) the homelands was promoted as a means of keeping blacks out of 'white' South Africa.
In virtually every sphere, from housing to education to healthcare, central government took control over black people's lives with a view to reinforcing their allotted role as 'temporary sojourners', welcome in 'white' South Africa solely to serve the needs of the employers of labour. But these same programmes of control became the focus of resistance. In particular, the campaign against the pass laws formed a cornerstone of the struggle.
The introduction of apartheid policies coincided with the adoption by the ANC in 1949 of its Programme of Action, expressing the renewed militancy of the 1940s. The Programme embodied the rejection of white domination and a call for action in the form of protests, strikes and demonstrations. There followed a decade of turbulent mass action in resistance to the imposition of still harsher forms of segregation and oppression.
The Defiance Campaign of 1952 carried mass mobilisation to new heights under the banner of non-violent resistance to the pass laws. These actions were influenced in part by the philosophy of Mohandas Ghandi.
A critical step in the emergence of nonracialism was the formation of the Congress Alliance, including the ANC, South African Indian Congress, the Coloured People's Congress, a small white congress organisation (the Congress of Democrats), and the South African Congress of Trade Unions.
The Alliance gave formal expression to an emerging unity across racial and class lines that was manifested in the Defiance Campaign and other mass protests of this period, which also saw women's resistance take a more organised character with the formation of the Federation of South African Women.
In 1955, a Freedom Charter was drawn up at the Congress of the People in Soweto. The Charter enunciated the principles of the struggle, binding the movement to a culture of human rights and non-racialism. Over the next few decades, the Freedom Charter was elevated to an important symbol of the freedom struggle.
The Pan-Africanist Congress (PAC), founded by Robert Sobukwe and based on the philosophies of 'Africanism' and anti-communism, broke away from the Congress Alliance in 1959.
The State's initial response, harsh as it was, was not yet as draconian as it was to become. Its attempt to prosecute more than 150 antiapartheid leaders for treason, in a trial that began in 1956, ended in acquittals in 1961. But by that time, mass organised opposition had been banned.
Matters came to a head at Sharpeville in March 1960, when 69 anti-pass demonstrators were killed when police fired on a demonstration called by the PAC. A state of emergency was imposed and detention without trial was introduced.
The black political organisations were banned and their leaders went into exile or were arrested. In this climate, the ANC and PAC abandoned their long-standing commitment to non-violent resistance and turned to armed struggle, combined with underground organisation and mobilisation as well as mobilisation of international solidarity.
Top leaders, including members of the newly formed military wing Umkhonto we Sizwe (Spear of the Nation), were arrested in 1963. In the 'Rivonia trial', eight ANC leaders, including Nelson Mandela, were convicted of sabotage (instead of treason, the original charge) and sentenced to life imprisonment.
The 1960s was a decade of overwhelming repression and relative political disarray among blacks in the country. Armed action was contained by the State.
The resurgence of resistance politics from the early 1970s was dramatic. The Black Consciousness Movement, led by Steve Biko (who was killed in detention in 1977), reawakened a sense of pride and self-esteem in black people. News of the brutal death of Biko reverberated around the globe and led to unprecedented outrage.
As capitalist economies sputtered with the oil crisis of 1973, black trade unions revived. A wave of strikes reflected a new militancy that involved better organisation and was drawing new sectors, in particular intellectuals and the student movement, into mass struggle and debate over the principles informing it.
The year 1976 marked the beginning of a sustained anti-apartheid revolt. In June, school pupils of Soweto rose up against apartheid education, followed by youth uprisings all around the country.
armed struggle, mass mobilisation and international solidarity - were beginning to integrate and coalesce.
The United Democratic Front and the informal umbrella, the Mass Democratic Movement, emerged as legal vehicles of democratic forces struggling for liberation. Clerics played a prominent public role in these movements. The involvement of workers in resistance took on a new dimension with the formation of the Congress of South African Trade Unions and the National Council of Trade Unions.
Popular anger was directed against all those who were deemed to be collaborating with the Government in the pursuit of its objectives, and the black townships became virtually ungovernable. From the mid-1980s, regional and national states of emergency were enforced.
Under growing pressure and increasingly isolated internationally, the Government embarked on a dual strategy, introducing limited reform coupled with intensifying repression and militarisation of society, with the objective of containing the pressures and increasing its support base while crushing organised resistance.
An early example of reform was the recognition of black trade unions to try to stabilise labour relations. In 1983, the Constitution was reformed to allow the coloured and Indian minorities limited participation in separate and subordinate Houses of Parliament. The vast majority of these groups demonstrated their rejection of the tricameral dispensation through massive boycotts of elections, but it was kept in place by the apartheid regime despite its visible lack of legitimacy. Attempts to legitimise Community Councils as a vehicle for participation of Africans outside the Bantustans in local government met a similar fate.
Militarisation included the ascendancy of the State Security Council, which usurped the role of the executive in crucial respects, and a succession of states of emergency as part of the implementation of a comprehensive counter-insurgency strategy to combat what, by the mid-1980s, was an endemic insurrectionary spirit in the land.
However, by the late 1980s, popular resistance was taking the form of mass defiance campaigns, while struggles over more localised issues saw broad sections of communities mobilised in united action. Popular support for released political prisoners and for the armed struggle was being openly expressed.
In response to the rising tide of resistance, the international community strengthened its support for the anti-apartheid cause. A range of sanctions and boycotts was instituted, both unilaterally by countries across the world and through the United Nations (UN).
F.W. de Klerk, who had replaced P.W. Botha as State President in 1989, announced at the opening of Parliament in February 1990 the unbanning of the liberation movements and release of political prisoners, notably Nelson Mandela. A number of factors led to this step. International financial, trade, sport and cultural sanctions were clearly biting. Above all, even if South Africa was nowhere near collapse, either militarily or economically, several years of emergency rule and ruthless repression had clearly neither destroyed the structures of organised resistance, nor helped establish legitimacy for the apartheid regime or its collaborators. Instead, popular resistance, including mass and armed action, was intensifying.
The ANC, enjoying popular recognition and legitimacy as the foremost liberation organisation, was increasingly regarded as a government-in-waiting. International support for the liberation movement came from various countries around the globe, particularly from former socialist countries and Nordic countries as well as the Non-Aligned Movement (NAM). The other liberation organisations increasingly experienced various internal and external pressures and did not enjoy much popular support.
It was obvious that Botha's strategy of reform initiatives combined with repression had failed to stabilise the internal situation.
To outside observers, and also in the eyes of growing numbers of white South Africans, apartheid stood exposed as morally bankrupt, indefensible and impervious to reforms. The collapse of global communism, the negotiated withdrawal of Cuban forces from Angola, and the culmination of the South-West African People's Organisation's liberation struggle in the negotiated independence of Namibia - formerly South-West Africa, administered by South Africa as a League of Nations mandate since 1919 - did much to change the mindset of whites. No longer could whites demonise the ANC and PAC as fronts for international communism.
White South Africa had also changed in deeper ways. Afrikaner nationalism had lost much of its raison d'être. Many Afrikaners had become urban, middle class and relatively prosperous. Their ethnic grievances and attachment to ethnic causes and symbols had diminished.
A large part of the NP's core constituency was ready to explore larger national identities, even across racial divides, and yearned for international respectability. Apartheid increasingly seemed more like a straitjacket than a safeguard. In 1982, disenchanted hardliners had split from the NP to form the Conservative Party, leaving the NP open to more flexible and modernising influences. After this split, factions within the Afrikaner élite openly started to pronounce in favour of a more inclusive society, causing more friction with the NP Government, which increasingly became militaristic and authoritarian.
A number of business, student and academic Afrikaners held meetings publicly and privately with the ANC in exile. Secret talks were held between the imprisoned Nelson Mandela and government Ministers about a new dispensation for South Africa with blacks forming a major part of it.
Inside the country, mass action became the order of the day. Petty apartheid laws and symbols were openly challenged and removed. Together with a sliding economy and increasing international pressure, these developments made historic changes inevitable.
After a long negotiation process, sustained despite much opportunistic violence from the right wing and its surrogates, and in some instances sanctioned by elements of the State, South Africa's first democratic election was held in April 1994 under an interim Constitution.
The interim Constitution divided South Africa into nine new provinces in place of the previous four provinces and 10 'homelands', and provided for a Government of National Unity to be constituted by all parties with at least 20 seats in the National Assembly.
The ANC emerged from the election with a 62% majority. The main opposition came from the NP, which gained 20% of the vote nationally, and a majority in the Western Cape. The Inkatha Freedom Party (IFP) received 10% of the vote, mainly in its KwaZulu-Natal base. The NP and the IFP formed part of the Government of National Unity until 1996, when the NP withdrew.
The ANC-led Government embarked on a programme to promote the reconstruction and development of the country and its institutions. This called for the simultaneous pursuit of democratisation and socioeconomic change, as well as reconciliation and the building of consensus founded on the commitment to improve the lives of all South Africans, in particular the poor. It required the integration of South Africa into a rapidly changing global environment.
Pursuit of these objectives has been a consistent focus of government during the first decade of freedom, seeking the unity of a previously divided society in working together to overcome the legacy of a history of division, exclusion and neglect.
Converting democratic ideals into practice required, among others, initiating a radical overhaul of the machinery of government at every level, towards service delivery, openness and a culture of human rights. It has required a more integrated approach to planning and implementation to ensure that the many different aspects of transformation and socioeconomic upliftment cohere with maximum impact.
A significant milestone in the democratisation of South Africa was the exemplary Constitution-making process, which in 1996 delivered a document that has evoked worldwide admiration.
So too have been the elections subsequent to 1994 - all conducted peacefully, with high levels of participation compared to the norm in most democracies, and accepted by all as free and fair in their conduct and results.
Local government elections during 1995 and 1996, and then again in 2000 after the transformation of the municipal system, gave the country its first democratically elected non-racial municipal authorities.
Since 2001, participatory democracy and interactive governance have been strengthened through the practice of Imbizo, in which members of the executive, in all three spheres of government, including The Presidency, regularly engage directly with the public around implementation of programmes of reconstruction and development.
The second democratic national election in 1999 saw the ANC majority increase to just short of two-thirds and the election of Mr Thabo Mbeki as President in succession to Mr Nelson Mandela. It saw a sharp decline of the NP (now the New National Party [NNP]) and its replacement by the Democratic Party, led by Mr Tony Leon, as the official opposition in Parliament. These two parties formed the Democratic Alliance, which the NNP left in 2001.
Although the new Constitution does not provide for a Government of National Unity, the Government continued to include representatives of opposition parties, namely the IFP, later the Azanian People's Organisation, and the NNP.
The Truth and Reconciliation Commission (TRC), under the leadership of Archbishop Desmond Tutu, helped inculcate a commitment to accountability and transparency in South Africa's public life, at the same time helping to heal wounds inflicted by the inhumanities of the apartheid era.
During 2003, Parliament accepted the Government's response to the final report of the TRC. Out of 22 000 individuals or surviving families appearing before the Commission, 19 000 were identified as needing urgent reparation assistance - virtually all, where the necessary information was available, received interim reparations. As final reparations, government is providing a once-off grant of R30 000 to individuals or survivors who appeared before, and were designated by, the TRC, over and above the programmes for material assistance. There will also be systematic programmes to project the symbolism of the struggle and the ideal of freedom. These include the Freedom Park Monument and other symbols and monuments, and such matters as records of history, remaking of cultural and art forms, and geographical and place names.
The ethos of partnership informed the establishment of the National Economic Development and Labour Council. It brings together government, business, organised labour and development organisations to confront the challenges of growth and development for South Africa in a turbulent and globalising international economy.
The Presidential Jobs Summit in 1998 and the Growth and Development Summit (GDS) in June 2003 brought these sectors together to collectively take advantage of the conditions in South Africa for faster growth and development. At the GDS, a comprehensive set of agreements were concluded to address urgent challenges in a practical way and speed up job-creating growth and development.
Partnership between government and civil society has been further strengthened by the creation of a number of working groups through which sectors of society - business, organised labour, higher education, religious leaders, higher education, youth and women - engage regularly with the President.
From the start, government placed emphasis on meeting basic needs through programmes for socio-economic development such as the provision of housing, piped water, electricity, education and healthcare, as well as social grants for those in need.
The impact of these programmes is seen in the increased proportion of South Africans who now have access to these basic services. This has been achieved despite a social revolution reflected in smaller household sizes (with the number of households growing almost three times faster than the population) and therefore many more households needing basic services.
Another priority has been the safety and security of citizens, requiring both transforming the police into a service working with the community, and overcoming grave problems of criminality and a culture of violence posed by the social dislocations inherited from the past.
On the economic front, the key objectives have been job creation, poverty eradication, reduction of inequality and overall growth. There has been progress in rebuilding the economy, in particular with the achievement of macro-economic stability and the initiation of programmes of micro-economic reform. But unemployment remains a major challenge - the number of jobs created has not been enough, as the economically active population has grown faster, and the economy needs more skilled workers.
The integration of South Africa into the global political, economic and social system has been a priority for democratic South Africa. As a country isolated during the apartheid period; an African country; a developing country; and a country whose liberation was achieved with the support of the international community, it has been of critical importance to build political and economic links with the countries and regions of the world, and to work with others for an international environment more favourable to development across the world, and in Africa and South Africa in particular.
The South African Government is committed to the African Renaissance, which is based on consolidation of democracy, economic development and a co-operative approach to resolving the challenges the continent faces.
South Africa hosted the launch of the African Union (AU), a step towards further unification of Africa in pursuit of socioeconomic development, the Organisation of African Unity (OAU) having fulfilled its mandate to liberate Africa. President Mbeki chaired the AU for its founding year, handing over the chair to President Joaquim Chissano of Mozambique in July 2003. Through the New Partnership for Africa's Development (NEPAD), the development programme of the AU, South Africa works with the rest of the continent and its partners in the industrialised world for the development and regeneration of the African continent.
Democratic South Africa has sought to play an active role in international and multilateral organisations. During the first decade of its freedom, it acted at various times as chair of the Southern African Development Community, NAM, AU and the Commonwealth Heads of Government meeting. It has played host to several international conferences, including the United Nations Conference on Trade and Development in 1996, 2000 World AIDS Congress, World Conference Against Racism in 2001, World Summit on Sustainable Development in 2002, and the World Parks Congress in 2003.
In 2004, South Africa will celebrate 10 years of freedom. South Africans have made much progress in pursuit of their goals. Many challenges face the nation as it enters the second decade of its freedom, at the beginning of the 21st century.
During 2003, government initiated a 10-Year Review to reflect on its performance in achieving its mandate and assess the challenges of the coming period.
Some of these challenges are shared with the rest of the world, especially developing countries. Globalisation, the digital divide, poverty, HIV and AIDS, and creating conditions conducive to sustainable development are some of the critical issues for which the nation is seeking solutions in partnership with others.
Other challenges are specific to South Africa. Prominent among those identified are: the further strengthening of social partnerships for the development of South African society, and the eradication of poverty, improving the performance of the State, addressing the consequences of the social transition that has followed the end of apartheid, and improving the regional environment and implementing NEPAD.
The fabric of South African society is continually changing, creating not only new challenges but also greater stability and peace, and laying the foundation for a society in which the individual and collective human potential of the nation can come to full fruition.
This history chapter has evolved year by year, based on initial text from the Institute for Historical Research, University of the Western Cape.
Berger, L.R. In the Footsteps of Eve: The Mystery of Human Origins. Washington: National Geographic Society, 2000.
Bond, P. Elite Transition: From Apartheid to Neoliberalism in South Africa. Pietermaritzburg: University of Natal Press, 2000.
Coleman, M. ed. A Crime Against Humanity: Analysing the Repression of the Apartheid State. Bellville: Mayibuye Books, University of the Western Cape, 1998.
Drew, A. Discordant Comrades: Identities and Loyalties of the South African Left. Pretoria: University of South Africa, 2002.
Ebrahim H. The Soul of a Nation: Constitution-Making in South Africa. Cape Town: Oxford University Press, 1998.
Field, S. ed. Lost Communities, Living Memories. Cape Town: David Philip, 2001.
Hopkins, P. and Grange, H. The Rocky Rioter Teargas Show: The Inside Story of the 1976 Soweto Uprising. Cape Town: Zebra, 2001.
Johnson, R.W. and Welsh, D. Ironic History: Liberalism in Post-liberation South Africa. Cape Town: Oxford University Press, 1998.
Joyce, P. Concise Dictionary of South African Biography. Cape Town: Francolin, 1999.
Marks, S.C. Conflict Resolution during South Africa's Transition to Democracy. Washington: United States Institute of Peace Press, 2000.
Meiring, P. Chronicle of the Truth Commission: A Journey through the Past and Present into the Future of South Africa. Vanderbijlpark: Carpe Diem Books, 1999.
O'Meara, D. Forty Lost Years: The Apartheid State and the Politics of the National Party. Johannesburg: Ravan Press, 1996.
Reader's Digest Illustrated History of South Africa. 3rd ed. Cape Town: Reader's Digest, 1994.
Suttner, R. Inside Apartheid's Prison: Notes and Letters of Struggle. Pietermaritzburg: University of Natal Press, 2001.
Thompson, D. and Watson, B. They are Africans Who Worked Toward the Liberation, Unity and Solidarity of Africa and African People Throughout the World. Cape Town: Kwela Books, 2000.
Truth and Reconciliation Commission. Final Report.5 vols. Distributors: Cape Town: Juta,1998.
Waldmeir, P. Anatomy of a Miracle: The End of Apartheid and the Birth of the New South Africa. London: Penguin Books, 1998.
Webster, R. At the Fireside: True South African Stories. Cape Town: Spearhead, 2002.
Worden, N. Concise Dictionary of South African History. Cape Town: Francolin, 1998.
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Stats SA today announces the release of the new wholesale trade, motor trade and retail trade figures. For 2003 wholesale trade shows an increase in levels of 17%, motor trade 17% and retail trade 20%, compared with the old series. Even though there is a change in levels, the trends remain similar. This means that the rate of change at the macro-economic level, as measured by the GDP, remains largely unaffected.
The Statistician-General, Pali Lehohla, said that these releases comprise the second round of publications in economic statistics since these series were temporarily suspended in March 2004.
Mr Lehohla also explained that Stats SA needed more time "to make sure of the reliability of the new series, which we have done and therefore can now release these statistics today".
In May, when Stats SA released the manufacturing figures, the Statistician-General announced that the new releases were "the outcome of a strategic, systematic approach to the overhaul of economic statistics since 1996". This overhaul was made possible because of legislative changes in 1998, which gave Stats SA direct access to VAT registration and other business data. A new VAT-based register was then constructed, from which new samples were drawn, which ran parallel with existing samples in 2003. The old samples were then discontinued at the end of 2003.
Mr Lehohla explained that the increase in levels in all three surveys released today is consistent with the manufacturing statistics released last month. "The increases are a direct consequence of the major drive to improve the coverage of economic series. They are based on a new, much more comprehensive register of businesses," the SG said.
He added that the unchanged trend patterns in retail, wholesale and motor trade are in line with findings in the new manufacturing short-term series.
The increase in levels is also consistent with higher levels in other Stats SA series. For example, 2003 employment figures from the Survey of Employment and Earnings showed large increases in level across all industries when the survey migrated to the new register of businesses.
Lehohla reported that from the middle of this year new samples for short-term indicators will also be drawn from the enhanced business register. He said that this will result in further increases in level, but they are expected to be less than the increases experienced in the current series of surveys.
The Statistician-General said that economic statistics are now benefiting from the decision to make sure of the reliability of the statistics when it suspended publication in March 2004, "because economic statistics require the best possible register of businesses by activity, size and location to underpin all Stats SA business surveys".
Stats SA is therefore now in a position to resume the established publication timetable for all monthly economic statistics series.
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Two of Statistics SA's most complex outputs were published earlier this week: the gross domestic product (GDP) and mid-year population estimates.
Neither of these is the result of a single survey. Monthly data on, for example, retail or wholesale trade or manufacturing are based on single monthly sample surveys.
Estimation of the GDP and mid-year population, on the other hand, involve integration of a range of data sets and sophisticated statistical processes.
Mid-year population estimates are compiled in the years between each population census. According to this week's release, South Africa's population at the middle of 2005 is estimated at 46.9 million.
Africans are in the majority (about 37.2 million) and constitute about 79 percent of the population. The white population is estimated at 4.4 million, the coloured population 4.1 million and the Asian population 1.1 million.
KwaZulu-Natal has the largest share of the population (20.6 percent), followed by Gauteng (19.2 percent) and Eastern Cape (15 percent). Northern Cape has the smallest share (1.9 percent).
The inputs for the cohort-component method of estimation used in the estimates are derived from detailed substantive analyses of trends in fertility, mortality and migration.
This requires an intensive analysis of the available data and its quality. This approach adjusts general reported fertility to age-specific fertility rates, which, in turn, are used as input for estimating the average annual number of births.
In another derivation, the estimation of mortality and additional deaths due to HIV/Aids requires multiple iterations, as controls for the adjustment of sero-prevalence data are needed to make the data applicable to the whole population.
It is often difficult to make plausible migration assumptions due to inadequate data. Mid-year estimates for 2005 incorporate assumptions using published and adjusted migration data from Stats SA and other sources. Internal migration patterns show a shift to three main areas.
KwaZulu-Natal, Western Cape and Gauteng have positive net migration, with the largest number of persons expected to migrate into Gauteng (about 520 000) for the period 2001 to 2006.
Eastern Cape and Limpopo are expected to have the largest negative net migration, with Eastern Cape expected to experience negative net migration of about 320 000 for the same period.
In a projection, the size and composition of the future population is estimated. Although there are crude estimation methods, such as inflating subpopulations at one date by an assumed overall mean annualised growth rate, most serious estimation efforts use a cohort-component approach.
In the latest estimations, the overall HIV-prevalence rate is about 10 percent (an HIV-positive population of 4.5 million). However, this differs for various age groups: the prevalence rate for adults aged 15 to 49, for example, is estimated at 17 percent.
In the mid-year estimates, an Aids impact model has been used.
The age and sex distribution of those infected with HIV.
Similarly, estimation of GDP involves integration of multiple data sources, and application of complex statistical models and methodologies.
In summary, this week's release reported that real GDP at market prices increased by 3.5 percent during the first quarter compared with the fourth quarter of 2004. The real annualised economic growth rates during the four quarters of 2004 were 3.8 percent, 4.4 percent, 5.7 percent and 4 percent respectively.
This estimation involved integration of a number of data sources for each industrial sector. Different data sources were used, depending on whether an annual or benchmark estimate, a regional estimate, or a quarterly estimate was required.
For example, in estimating the contribution of electricity, water and gas to GDP, results from the annual economic activity survey from Stats SA, annual reports from Eskom and water boards, and local government statistics were used for annual estimates; data from local authorities and Eskom was used in compiling regional estimates; while quarterly estimates were based on relevant producer price indices, and Stats SA's monthly release on electricity generation and consumption.
These data sources were integrated and interrogated to estimate contribution to GDP by just one of the 10 standard industrial sectors.
In addition to these, Stats SA has in the past week released data in a number of other series, which have direct impact on the GDP: consumer and production price indices, electricity available for distribution and statistics on tourist accommodation.
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NAME AND SURNAME (PRINT) (NOT INITIAL) MAN NUMBER (last 5 digits only) Please indicate if on contract or temp. JOB TITLE GRADE (e.g.
SIGNATURE (INTERVIEWING MANAGER/SUPERVISOR): SIGNATURE (EMPLOYEE) MANAGERS/SUPERVISORS: Please place copies of nomination form and certificate after the course in the employees' Personal File.
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636 1236 (tel.
STATEMENT OF NEED4 2.
2.3 Violence against women.
POLICY CONTEXT7 3.1 Constitution of the Republic of SA Act 108 of 1996 3.2 Employment Equity Act 55 of 1998 3.3 Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 4. PRINCIPLES9 4.1Equality between men and women 4.2Promotion of essential dignity 4.3Recognition of difference and inequality among women and men 4.4Women's rights are human rights 4.5Public and private are not separate spheres 4.6Focus on gender as opposed to women 4.7Mainstreaming gender equality 4.
5 Vision10 6 Objectives11 7 Strategies..............................................................................11 8 Terminology..........................................................................13 9 Acronyms.................................................................................15 1. Introduction.
"It is vitally important that all the structures of Government, including the President should understand fully that freedom cannot be achieved unless women have been emancipated from all forms of oppression."[President Nelson Mandela, opening South Africa's first democratically elected parliament on 24 May 1994].
Women make up more than half of the world's population, yet they still face gender, class, racial, and cultural discrimination. While there is a growing awareness of women's plight coupled with efforts made by the government, women's situation has worsened.
South Africa is perceived as one of the countries with a high incidence of gender-based violence (GBV), in particular, the physical type. GBV has reached epidemic levels in the country. According to research findings, South Africa has the highest ratio of reported rape cases per 100 000 people in the world. It is also estimated that one in six women is in abusive relationship and there is one woman who is killed by her partner every six days (Bollen,1999). Many young women report that men use violence when initiating sex with them. In a study conducted by the Women's Health Project, it was found that abuse by a partner or ex-partner increased by more than 50% between 1998 and 1999; the range of abuse included sexual, physical, economic and emotional (Jewks & Wood, 1998).
Violence in South African society had been inherited from apartheid regime characterised by social and economic inequalities, where state sponsored violence was used to maintain law and order (Human Rights Watch, 2001). The picture painted above has subjected women and girls to various forms of gender-based violence.
The Nelson Mandela Metropolitan Municipality (NMMM) has an estimated population of 1.2 million of which 52% is women. Despite being the majority, women continue to be underrepresented in decision-making structures in the NMMM, e.g. out of the eleven members of the Mayoral Committee, only three are women. Local government has a social and political responsibility to transform the status of women as the oppressed group and to bring them into the main stream of all its affairs.
Therefore, the overall purpose of this policy document is to provide with a framework that will serve as a guide for development and production of gender responsive programmes, projects, policies, and procedures within the NMMM. These will transform both the condition and position of women.
While there are some aspects of poverty and exploitation, which are common between men and women, many aspects are different. Women suffer various forms of discrimination and subordination based on social, sexual and cultural beliefs and attitudes -all these make them poorer than men. The effects of HIV/AIDS on women as mothers, carers and suffers cannot be undermined. Without proper analysis and consideration of these during any development intervention, it is unlikely that women's situation and condition would improve.
Women's low levels of education and training decrease their employment opportunities as a result the majority of them are locked in low paid jobs, reproductive work-related jobs such as domestic work or in low managerial positions. They are less likely to be in decision-making structures hence their voices remain silent. As breadwinners, carers and nurtures of their families the kind of salaries do not meet all their family needs. Poverty and crime go hand-in hand, which put women and girls' security at stake.
Even the NMMM policies that are meant to curb poverty, such as procurement policy, have limited impact on women's needs. Challenges such as low literacy levels amongst some of the women, make it impossible to understand tendering processes resulting in a lack of access to business opportunities. Women have less access to power, wealth and resources and are less likely to own property that is normally required when applying for business loans.
Along with many SA citizens, the NMMM is most concerned about lack of access to basic services such as health facilities e.g. reliable ambulance service, health care centres with adequate medical treatment, etc. As bearers of children, carers of the sick and aged, the above is perceived as a threat to women's security.
According to the research findings, 2 out of 3 HIV infected South Africans are women, 1 out of 4 women are HIV infected. It is easy for women to acquire HIV than it is for men due to their physiology. Due to their vulnerability to rape and unprotected sex, women are more likely to be infected by HIV as opposed to their male counterparts. The most critical issue here is that women do not have access to prevention treatment such as antiretroviral treatment, which can be given to raped victims, care and resources. Because of their societal roles, as carers, mothers and nurturers, HIV/AIDS impacts negatively on women's socio-economic development, as, for example, an HIV positive woman would sacrifice and spend her disability grant to other family needs such as food. Women as mothers of AIDS suffers, express frustration of poor or shortage of service in hospitals and clinics.
There is a general feeling amongst the NMMM women that high rates, such as service charges, water and electricity disadvantage poor women. Women believe that ward committees do not effectively represent women's interests hence their needs are not taken care of.
2.3 Violence against women [VAW].
It is factual that violence against women affects women directly and indirectly. Equality and rights enshrined in our Constitution cannot be enjoyed fully by women due to fear of violence, that is, at their homes and in the public sphere. VAW is a key developmental challenge that affects all aspects of life, it has a great potential of maintaining poverty cycle and compromise poor women quality of life.
The government, civil society organs, and NGO's are very active in attempting to prevent and or reduce this problem. It is well known that one of the reasons women stay in abusive relationship is economic dependence on the abuser.
The women's inability to visibly contribute economically. They, therefore, believe they cannot participate in decision-making in the home.
When they question decisions made by their partners they are seen as questioning the authority of the partner, which often result in a beating.
They are often forbidden to mix with other women, and if caught interacting with others they are often beaten.
They are expected to be home when the partner returns from work. Their absence from home when the partner returns results in beating.
One of the challenges facing both government and development organisations is to understand relevance of VAW to their core business. NMMM has, amongst its development priority areas in its Integrated Development Plan (IDP) document, is crime prevention but it does not have strategy to curb VAW.
The above picture shows that, for any NMMM development initiative to be gender-fair, change should be implemented in the economic, social, political and cultural spheres. For the NMMM, to beat poverty, energies should be directed towards its causes including gender inequalities.
The SA government has progressive Legislation in place, which is meant to prohibit and prevent all of the above.
3.1 The Constitution of the Republic of SA Act 108 of 1996 Cl.
Section 9 (5) states that no one may be unfairly discriminated against in respect of race, gender amongst others. The Constitution is a supreme law of the country and is instructive in preventing discrimination of women.
The Act outlaws any discrimination on the grounds of race, sex, gender, family responsibility, pregnancy, and HIV status. Its strategic trust lies on eliminating unfair discrimination with the aim of achieving diversity at the work place.
3.3 Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.
The Act is an effort directed towards eradicating social and economic inequalities especially those that are systematic in nature, which were generated by colonialism, apartheid and patriarchy, which brought pain and suffering to the great majority of SA people. The main aim of the Act is to prevent and prohibit unfair discrimination and harassment; to promote equality and eliminate unfair discrimination; to prevent and prohibit hate speech.
The prohibited grounds of discrimination include both gender and sex. Section 8(a) makes reference to the gender-based violence scourge that includes rape, sexual abuse, domestic violence, all based on a person's gender. Generally, this kind of violence discriminates against women, as they are always victims and men perpetrators. Depending on its intensity, women may be hindered to be involved or develop intellectually, economically and physically because of the fear of violence. Reference is also made to female genital mutilation, which might have long term health effects such as struggling with child bearing and delivery, inability to enjoy sex. Discrimination that arises from customary laws, although there has been some kind of progress, it is still common to find women excluded from inheriting assets.
Reference is made to the girl-children who are still discriminated in as far as educational opportunities are concerned, they are the victims of reproductive work, that is, they do all the household work unlike boys.
Being denied promotion and career advancement opportunities because of one's sexuality, for example, a woman who is from maternity leave or about to go to maternity leave being excluded from senior positions is regarded as unfair. Negative perceptions towards female staff members who are perceived as people on transit who may not always be available due to pregnancy, is another form of unfair discrimination.
Both Employment Equality Act and Promotion of Equality and Prevention of Unfair Discrimination Act state categorically limiting access to social services or benefits such as health and social security, systematic inequality of access to opportunities by women as a result of gender division of labour are all unlawful.
3.4 The Domestic Violence Act 116 of 1998.
The above Act is informed by values underpinning SA Constitution, the international obligations and commitments such as the right to equality and freedom and security. It is for those reasons that the Act provides for issuing of protection orders with regard to domestic violence. It also provides for its implementers with tools and measures that can enable them to be effective. This Act covers actual or threatened physical, sexual, emotional, verbal, psychological and economical abuse, as well as intimidation, harassment, stalking, damage or destruction of property, or entry into your home without your consent.
Despite all the tools in place intended to promote women's empowerment and elimination of gender discrimination, women still bear the brunt. It is vital to understand that violence against women constitutes an infringement of basic human rights, undermines women's self-determination including their ability to participate fully in and to benefit from development.
4.1 Equality between men and women The NMMM would create an environment where men and women would be able to participate equally, that would include removal of traditional barriers hindering women's active participation.
4.2 Promotion of essential dignity NMMM will work with both men and women in restoring women's dignity as humans. To achieve this, gender relations need to be transformed.
4.3 Recognition of differences and inequalities among women Women are not a homogenous group and their lives vary depending on the place in which they live as well as their age, social class, ethnic origin and religion. It is therefore crucial to consider the above in every step intended to redress gender imbalances.
4.4 Women's rights are human rights Women's rights are part and parcel of human rights enshrined in SA's Bill of Rights, which is a cornerstone of SA's democracy.
4.5 Public and private are not separable spheres of life Recognition of interrelatedness of private and public life, as many discriminatory practices against women are enacted in a variety of settings.
4.6 Focus on gender as opposed on women Changing women's status needs to be understood as the responsibility of both sexes. It is understood that development affect men and women differently and that it has an impact on relations between men and women. A focus on gender is required to ensure that women's needs (set in a broader context of class, race, ethnicity and religion) do not continue to be ignored.
4.7 Mainstreaming gender equality Women are poor due to their lack of access to material wealth, which is compounded by lack of access to power and resources. Mainstreaming gender into the core business of NMMM, would tackle the cause of women's poverty and injustice to the advantage of women as well as men. This principle would therefore encourage NMMM to adopt a gender perspective in transforming itself.
4.8 Affirmative action programmes for women.
Corrective measures through programmes targeting women, should be undertaken to redress gender imbalances and women's subordination. This means that, a plan, resources and benchmarks should be developed by the NMMM.
The NMMM community is free from male-dominated decision-making structures and feminised poverty.
To ensure that the rights of women and men are equally upheld and women are enabled to exercise their rights over their bodies and are protected from violence.
To ensure that gender needs, priorities and differences are considered and institutionalised into the NMMM business, policies and practices including Integrated Development Plan (IDP).
To confront the social and ideological barriers to women's participation and encourage initiatives to improve their status including basic rights.
To develop positive action that will promote the full participation and empowerment of women in existing and future programmes so as to ensure that NMMM's programmes and projects benefit men and women equally.
To promote access by women to key resources (e.g. employment opportunities especially in decision-making positions and start-up capital for business), services and facilities.
A. To strengthen the issue of gender equality, the NMMM would establish a Women's Forum (WF) consisting of women representatives from various sectors, e.g. Civil Society Organisations (CSO's), private sector, Trade Unions, Institutions of higher learning, political parties, Faith-based Organisations, NMMM Women Business Unit Managers, etc.
B. Each Business Unit within the NMMM has a gender focal person [GFP] whose main function would be to lead and monitor mainstreaming of gender within the Unit.
[a newly created post].
The gender co-ordinator would be accountable to the NMMM Executive Mayor, therefore, her/his office will be based at the latter's office.
The IDP of the NMMM has clear gender objectives, outputs, inputs including resources, indicators and means of verification.
The overall annual plan of each Business Unit has clear gender objectives, inputs including resources, outputs, activities and indicators.
Amongst the NMMM programmes and projects there should be an on-going action research focusing on gender equality.
There is clear plan of action and resources for empowering women official, women councillors and women ward committee members the main aim is to strive for 50/50 gender representation in the council, decision -making structures such as mayoral committee and senior management and ward committees.
Over and above women's caucus, there should be a structure within the council that will continuously assess and identify women's needs; monitor and assess performance of each Ward Councillor, portfolio Committee and Business Unit in as far its performance towards women's and girl-children's empowerment.
There should be a structure within the NMMM (Women's Forum - chaired by the gender co-ordinator)) that will look after women's gender needs, e.g. monitor and assess impact of affirmative action programmes, women's practical and strategic gender needs, etc.
As a way of promoting gender sensitivity and awareness, there should be resources allocated, and programme for capacity building for all councillors, officials and ward committees.
Each standing committee's report should have clear gender key performance indicators.
Appendix 1 8.
8.1 Empowerment - Purpose to empower women through greater self-reliance. Women's subordination not only seen as the problem of men but also of colonial and neo-colonial oppression. Emphasis in this approach is, while addressing immediate needs, long-term and structural needs should remain priority.
8.2 Gender - In this context, it refers to social roles allocated to men and women and their relationship. Such roles are conditioned by political, social, economical and cultural factors and characterised by unequal power relations.
8.3 Gender analysis-studying gender biases perpetuating gender inequalities in all sectors of society.
8.4 Gender awareness-in this context gender awareness refers to ability to have knowledge of the types of impact that development project would or have had on women; taking into consideration women's roles.
8.5 Gender division of labour-distribution of roles and responsibility according gender with an aim of entrenching the existing unequal power relations between men and women and stereotypes about men and women.
8.6 Gender equality-in this situation it refers to a situation where men and women have equal conditions for realising their full human rights and potential. This entails the identification and removal of the underlying causes of discrimination in order to give women and men equal opportunities, also, taking into consideration their differences.
8.7 Gender equity-transformation of existing gender relations in a more democratic direction by redistributing more evenly the division of resources, responsibilities and power between women and men.
8.8 Gender mainstreaming-is a process towards achievement of the goal of gender equality. It involves incorporation of gender considerations into policies, programmes and practices, so that before decisions are taken, an analysis is made of the effects on women and men respectively. Gender mainstreaming includes the routine consideration of gender issues in strategic planning exercises, the reflection of these in business plans and routine reports.
8.9 Programme-a programme is a course of action to pursue an objective or objectives that are part of a policy. Usually a programme has a number of closely-related projects or activities in pursuance of a particular objective. For example a programme of curbing violence against women, can have separate project such as, baseline study on behavioural attitudes and beliefs, training of law implementers such as SAPS officials, shelter for abused women and public education.
8.10 Condition of women-an intervention that seeks to improve women's immediate needs or practical gender needs such as provision of water, welfare and health care facilities.
8.11 Position of women-an intervention that seeks to transform unequal power relations between men and women, that is addressing strategic gender needs.
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Despite slow final quarter, 2005 growth hits 4.
Gross domestic product (GDP) data for the fourth quarter of 2005, released on Tuesday, came in slightly lower than many economists had predicted.
The economy grew at an annualised rate of 3.3 percent in that quarter, following real annualised GDP growth rates of 4.6 percent, 5.4 percent and 4.2 percent during the first, second and third quarters, respectively.
First preliminary annual GDP estimates for 2005 are derived from the sum of the quarterly GDP data for the year. On this calculation, the annual growth rate in real GDP at market prices for 2005 is 4.9 percent.
The impact of an industry on the change in real GDP depends on two factors: the increase or decrease in the real value added of the industry and its relative size.
The main contributors to the 4.9 percent growth in 2005 were: finance, real estate and business services (1.5 percentage points); wholesale trade, retail trade, hotels and restaurants (0.8 percentage points); manufacturing (0.7 percentage points); and transport, storage and communications (0.6 percentage points).
The 3.3 percent annualised increase in the seasonally adjusted real GDP for the fourth quarter was mainly due to increases in the value added by: wholesale trade, retail trade, hotels and restaurants (1.2 percentage points); finance, real estate and business services (0.7 percentage points); transport, storage and communications (0.6 percentage points); and construction (0.3 percentage points).
The slowdown in growth between the third and fourth quarter - from 4.2 percent to 3.3 percent - was mainly the result of declines in mining and quarrying, which contributed -0.3 percentage points to fourth-quarter growth, and in manufacturing, whose contribution fell from 0.9 percentage points in the third quarter to nil in the fourth.
Statistics SA reports on GDP estimates in a number of ways, because the performance of the economy cannot be assessed on the basis of a single figure.
The GDP figures most often cited involve the seasonally adjusted and annualised rates of increase. Annualising estimates allows for a perspective on economic growth as if the most recent quarterly developments were sustained for an entire year. Removal of seasonal fluctuations allows for comparisons that are more accurate over time.
Stats SA also provides quarterly estimates that compare value added in a specific quarter with the corresponding quarter in the previous year. These data provide a picture of economic growth without the assumption that the current trend will be sustained for a calendar year.
This is particularly useful when comparing the performance of a six-month period with the previous six months, or (as reported in November 2005), the performance of nine months on nine months.
Prior to South Africa's adoption of the UN's System of National Accounts (SNA) in 1999, Stats SA released periodic input-output tables showing the interlinkages between different industries in the economy.
With the adoption of the SNA93, the compilations of input-output tables were replaced by the development of supply and use tables, which were published annually (albeit with a longish time lag).
These tables show the interrelationship between industries by analysing the various products produced in an industry as well their consumption in other industries. This provides a detailed perspective on the inner workings of the economy.
Stats SA has now shortened the time-lag in the publication of condensed supply and use tables as part of its annual estimates of GDP, released in November each year. For the first time the release of the GDP data earlier this week included a set of supply and use tables that describe the economy in terms of 27 industries and 27 commodities.
The publication of a more detailed set of tables will provide a better understanding of the methodology followed during the independent annual estimates of GDP, which are undertaken through this framework.
The latest GDP data release indicates that real annual GDP increased by 4.9 percent in 2005, up from the 2004 growth rate of 4.5 percent. This is despite the market's lower-than-expected increase for the fourth quarter of 2005 (3.3 percent), compared with the increase of 4.2 percent in the third quarter of 2005.
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>Following the successful launch of the department s "Operation Warmer Winter" Blanket Campaign in Gugulethu, Western Cape in June, and distribution of blankets in the Free State, North West and Gauteng, the Minister of Communications, Radhakrishna L Padayachie (Roy) will celebrate Nelson Mandela Day on 18 July 2011, by distributing blankets to the poor and destitute in KwaZulu-Natal.
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>The MEC for Health and Social Development in Gauteng, Ntombi Mekgwe, will on Monday, 18 July join the country in celebration of Mandela Day at Leratong Hospital and Westbury Recreation Centre. > >This day follows a request by the President of the country for the public to spare at least 67 minutes of their time by doing something useful within their communities - especially among the less fortunate.
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>The Minister of Department of Public Works, Gwen Mahlangu-Nkabinde has identified the OR Tambo Technical High School in the area of Enkantolo Village at Mbizana, Eastern Cape, for the 2011 Mandela Day celebrations. > >Mbizana is the birthplace of ANC stalwarts, the late Oliver Reginald Tambo and Winnie Madikizela.
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>The Independent Electoral Commission (IEC) elected to participate meaningfully in this year s Mandela Day commemorations by spending its 67 minutes at the Matseke Primary School in Atteridgeville, City of Tshwane. >The Chairperson, Dr Brigalia Bam, will put the finishing touches to the project on Monday, 18 July 2011 at 10h00. You are invited to the handing over of the cleaned school to the children and teaching staff of Matseke Primary.
The Minister of Defence and Military Veterans, Ms Lindiwe Sisulu, will on Monday, 18 July 2011, celebrate the Mandela Day by painting school, S twayi, converted into a community hall in uMthatha. The Minister will be joined by members of the South African National Defence (SANDF) and Ministry staff.
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The Deputy Minister of Mineral Resources, Mr Godfrey Oliphant, MP, together with the Mpumalanga Premier, Mr David Mabuza, will lead a team of volunteers consisting of EXCO members of the Department, members of the Mpumalanga Legislature as well as, executives of both the private sector and the state owned entities who will on Monday 18 July 2011 commemorate Mandela Day by embarking on voluntary service at the Bophelong Stimulation Centre in Siyathemba Township, Balfour, Mpumalanga province. The Deputy Minister of Mineral Resources, Mr Godfrey Oliphant, MP, together with the Mpumalanga Premier, Mr David Mabuza, will lead a team of volunteers consisting of EXCO members of the Department, members of the Mpumalanga Legislature as well as, executives of both the private sector and the state owned entities who will on Monday 18 July 2011 commemorate Mandela Day by embarking on voluntary service at the Bophelong Stimulation Centre in Siyathemba Township, Balfour, Mpumalanga province.
The Minister will also get her hands dirty by working in the garden of Galeshewe Old Age Home, paint the centre before providing 200 food parcels to the poor families and the aged in the area.
>The Cultural, Religious and Language Rights Commission staff and its senior leadership is in support of the Mandela Monday under the theme Working Together to Build a Caring Society and will undertake the historical tour on 11 of July 2011 at Nelson Mandela Foundation Offices in Houghton, Johannesburg as part of learning the cultural and religious legacy of the former elder statesman.
Free State Education MEC, Tate Makgoe will officially open Harrismith Information Technology (IT) Hub in honour of Mandela Day on Saturday, 16 July in Harrismith.
In support of Mandela month, the South African National Defence Force (SANDF) will resume with a community service project in a form of a cleaning up event at Umtata in the Eastern Cape.
Cell: 083 246 3279 0.7741 0.
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The sub programme will be focusing on the implementation of the National Road Safety Strategy, the PAVE Traffic Management Strategy, the Pedestrian Safety Management Strategy and the National Code of Conduct for Traffic Officers.
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Over the next few weeks Kaelo - Stories of Hope will explore stories on government programmes which focus on helping all South Africans share in the growth and development of our country.
In the first such story we visit an Integrated Energy Centre programme initiated by the Department of Minerals and Energy. Meet Tuelo Jafta whose life has been radically changed by the one stop energy shop.
Stay tuned for the last story in the episode to find out more!
Listen to studio guest Cyril Sedike, the programme director of Khomanani Visit the IDC Eastern Cape Arts Project, funded by the IDC, to see how drama and dance is used to educate people about HIV and AIDS. Learn about progress in the Moletele community Be inspired by South African Champions Thabang Skwambane, who cycled 5000km to Mount Kilimanjaro to raise funds for HIV/Aids projects, and Zinhle Thabethe, who hasn't let being HIV positive stop her fighting for what she believes in.
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First insert is about the Sizimisele Self Help Group supported by the Department of Environmental Affairs and Tourism through the Social Responsibility Programme.
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Of course, all these programmes will take time to implement and lead to sustainable results.
Despite its huge responsibilities, local government gets at present only 8,7% of the national revenue. There needs to be an expeditious and significant overhaul of the current Intergovernmental Fiscal System, including the formula for the "equitable share" - the allocation of money from the national budget to each sphere of government.
Are the administrative structures of Local Government robust enough to withstand pressures from economic and political elites?
While they are vulnerable to pressures from political and economic elites,  we shouldn't present administrators as helpless victims. They must conform to the laws too and not just succumb to undue pressure from these elites.
It's not clear to me why this of the many issues local government has to address is being focused on. Presumably, "smaller urban municipalities" do not refer to "secondary" cities like Msunduzi  Anyway: some of the problems are similar, other not?
The South African Cities Network (SACN) recently released its State of South African Cities Report.  I refer you to this report for further information and insights. May I say, by the way, that contrary to media reports,  the Cities Report  is not a government report. It's a report done by academic experts commissioned by the SACN, which is funded partly from the national fiscus.
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Department of Correctional Services Seochoareng Old Age Home ï· Providing meals to elderly ï· Interaction with elderly Ms. G.
City Hall Luncheon ï· Lunch time discussion with elderly, children and youth Ms. G.
18 July 2011 Frances Baard Gong Gong (Dikgatlong Municipality) ï· Household identified, needs assessment conducted-deliver clothing, food, toys, etc.
Pixley ka Seme Loxton ï· Hading over of 50 school uniforms to underprivileged children ï· Handing over of dream bags to learners Ms. B.
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Many South Africans are regular users of official statistics - sometimes without even realising this!
An argument over the dinner table or local shebeen over just how many people are unemployed. A boardroom or trade union discussion about the average rate of inflation over the year and economic growth over the same period.
Affirmative action policies and their influence on the rate of unemployment among the different population groups. Questions over whether economic growth has been accompanied by more or fewer liquidations of companies and insolvencies of individuals. The percentage of the country Gauteng occupies, and the proportion of the population living in that province.
Every time these sorts of issues are raised, the participants are using statistics as a basis for decision making, or informed participation in social debate. However, rapidly sourcing the authoritative and official statistics needed to resolve a dispute, or make a decision, is sometimes more complex than the debate itself.
Frequent users know how to navigate the Statistics SA website. Look in the Labour Force Survey or the Quarterly Employment Survey for information on employment and unemployment; national accounts will give you gross domestic product (GDP); and information on divorce rates can be found under vital statistics.
Others less accustomed to the professional use of statistics can also find the information they need easily and in one place in the latest edition of Statistics in Brief, released on Tuesday this week.
This is Stats SA's annual flagship publication, which has been produced for quarter of a century. It presents a wide range of the latest official statistical information in a handy pocket-size booklet, with data presented for less than 18 subject areas.
Stats in Brief tells readers that Gauteng occupies just 1.4 percent of South Africa's 1 220 813km2, yet is home to more than 19 percent of the country's total population. Only KwaZulu-Natal, with 20.6 percent of the population, has more residents and it accounts for 7.7 percent of the total area of the country.
By 2003, the total number of divorces recorded throughout the country had dropped to 31 566, down from 37 098 in 1999. Gauteng accounted for far more divorces than any other province - nearly 11 000 in 2003 - down from 14 000 in 1999. Provincially, the second highest number of divorces were finalised in the Western Cape - 5 500 in 2003, down from the 1999 figure of just more than 7 000.
Stats in Brief shows us that the number of minor children (aged 0 - 16) involved in recorded divorces also fell in the period 1999 to 2003. Court records show 33 424 children were involved in 2003, down from 45 330 in 1999.
By population group, far more white children were involved in recorded divorces than children from other population groups (just fewer than 12 000 in 2003, compared with 8 892 African children, 5 069 coloured children, 1 702 children of Indian descent and 5 785 children of unspecified or "mixed" population group).
For the labour market, Stats in Brief provides information on unemployment by gender and population group; employment by main occupation, main industry and province; the number of employees and gross earning by industry; and average monthly earning.
Liquidations and insolvencies are often seen as an indicator of the overall health of the economy. Stats in Brief reports that there were 3 225 liquidations (companies and close corporations) in 2005, down from 4 156 in 2001; and 1 441 insolvencies (individuals) in 2005, compared with 3 935 in 2001.
In another section of the publication, readers are told that GDP at constant prices increased (relative to the previous reference year) from 2.7 percent in 2001 to 4.9 percent in 2005. This increase in economic growth broadly reflects the decline in liquidations and insolvencies over the same period.
Stats in Brief provides information on South Africa's geography, demography, vital statistics, tourism, migration, labour market and prices. Data are given for mining, construction, energy and transport, while statistics on finance and trade, social services and housing, debts, national accounts and government finances are also contained in the publication.
Official statistics are compiled and disseminated for all users, not just a few specialists. Growing use of Stats in Brief, demonstrated in the number of copies printed and distributed and access to the information via Stats SA's website shows that more South Africans are becoming informed daily users of statistics.
<fn>GOV-ZA.2pit2009taxstatisticsEn.2012-02-10.en.txt</fn>
Table 2.1: Personal Income Tax (PIT) brackets, 2003/04 and 2008/09 Table 2.2: Number of Individual taxpayers, 2003/04 - 2008/09 Table 2.
Figure 2.
Table A2.1.1: Individual taxpayers: Taxable income and tax assessed by taxable income group, 2005 - 2008 Table A2.1.2: Individual taxpayers: Taxable income and tax assessed by taxable income group, 2005 - 2008 [Percentage of total] Table A2.1.3: Individual taxpayers: Taxable income and tax assessed by province, 2005 - 2008 Table A2.1.4: Individual taxpayers: Taxable income and tax assessed by age group, 2005 - 2008 Table A2.1.5: Individual taxpayers: Taxable income and tax assessed by gender, 2005 - 2008 Table A2.2.1: Individual taxpayers: Tax assessed by source of income, 2005 - 2008 Table A2.2.2: Individual taxpayers: Tax assessed by source of income, 2005 - 2008 [percentage of total] Table A2.2.3: Individual taxpayers: Tax assessed by economic activity, 2005 - 2008 Table A2.2.4: Individual taxpayers: Tax assessed by source of income as on IRP5 forms, 2005 - 2008 Table A2.3.1: Individual taxpayers with business income: Taxable income and tax assessed by sector, 2005 - 2008 Table A2.3.2: Individual taxpayers with business income: Taxable income and tax assessed by sector, 2005 - 2008 [percentage of total] Table A2.4.1: Individual taxpayers: Allowances, 2005 - 2008 Table A2.4.2: Individual taxpayers: Allowances - Travelling allowance (code 3701) by taxable income group, 2005 - 2008 Table A2.4.3: Individual taxpayers: Allowances - Travelling allowance (code 3701) by taxable income group, 2005 - 2008 Table A2.4.4: Individual taxpayers: Allowances - Share options exercised (code 3707) by taxable income group, 2005 - 2008 Table A2.4.5: Individual taxpayers: Allowances - Share options exercised (code 3707) by taxable income group, 2005 - 2008 Table A2.4.6: Individual taxpayers: Allowances - Other allowance (code 3713) by taxable income group, 2005 - 2008 Table A2.4.7: Individual taxpayers: Allowances - Other allowance (code 3713) by taxable income group, 2005 - 2008 Table A2.5.1: Individual taxpayers: Fringe benefits, 2005 - 2008 Table A2.5.2: Individual taxpayers: Fringe benefits - Use of motor vehicle (code 3802) by taxable income group, 2005 - 2008 Table A2.5.3: Individual taxpayers: Fringe benefits - Use of motor vehicle (code 3802) by taxable income group, 2005 - 2008 [percentage of total] Table A2.5.4: Individual taxpayers: Fringe benefits - Free or cheap residential / holiday accommodation (code 3805) by taxable income group, 2005 - 2008 Table A2.5.5: Individual taxpayers: Fringe benefits - Free or cheap residential / holiday accommodation (code 3805) by taxable income group, 2005 - 2008 [percentage of total] Table A2.5.6: Individual taxpayers: Fringe benefits - Bursaries and scholarships (code 3809) by taxable income group, 2005 - 2008 Table A2.5.7: Individual taxpayers: Fringe benefits - Bursaries and scholarships (code 3809) by taxable income group, 2005 - 2008 [percentage of total] Table A2.5.8: Individual taxpayers: Fringe benefits - Medical aid paid on behalf of employee (code 3810) by taxable income group, 2005 - 2008 Table A2.5.9: Individual taxpayers: Fringe benefits - Medical aid paid on behalf of employee (code 3810) by taxable income group, 2005 - 2008 [percentage of total] Table A2.6.1: Individual taxpayers: Deductions, 2005 - 2008 Table A2.6.2: Individual taxpayers: Deductions - Current pension fund contributions (code 4001) by taxable income group, 2005 - 2008 Table A2.6.3: Individual taxpayers: Deductions - Current pension fund contributions (code 4001) by taxable income group, 2005 - 2008 [percentage of total] Table A2.6.4: Individual taxpayers: Deductions - Current retirement annuity fund contributions (code 4006) by taxable income group, 2005 - 2008 Table A2.6.5: Individual taxpayers: Deductions - Current retirement annuity fund contributions (code 4006) by taxable income group, 2005 - 2008 [percentage of total] Table A2.6.6: Individual taxpayers: Deductions - Medical expenses (total) (code 4008) by taxable income group, 2005 - 2008 Table A2.6.7: Individual taxpayers: Deductions - Medical expenses (total) (code 4008) by taxable income group, 2005 - 2008 [percentage of total] Table A2.6.8: Individual taxpayers: Deductions - Medical expenses (disabled) (code 4009) by taxable income group, 2005 - 2008 Table A2.6.9: Individual taxpayers: Deductions - Medical expenses (disabled) (code 4009) by taxable income group, 2005 - 2008 [percentage of total] Table A2.6.10: Individual taxpayers: Deductions - Travel expenses (fixed cost - business cost claimed against travel allowance) (code 4014) by taxable income group, 2005 - 2008 Table A2.6.11: Individual taxpayers: Deductions - Travel expenses (fixed cost - business cost claimed against travel allowance) (code 4014) by taxable income group, 2005 - 2008 [percentage of total] Table A2.6.12: Individual taxpayers: Deductions - Travel expenses (actual business cost) (code 4015) by taxable income group, 2005 - 2008 Table A2.6.13: Individual taxpayers: Deductions - Travel expenses (actual business cost) (code 4015) by taxable income group, 2005 - 2008 [percentage of total] Table A2.6.14: Individual taxpayers: Deductions - Other (code 4016) by taxable income group, 2005 - 2008 Table A2.6.
Table 2.
Brackets - 70,000 - 122,000 18% 74.
Primary 5,400 8,280 53.
Secondary 3,100 Tax thresholds 5,040 62.
Below age 65 30,000 46,000 53.
Age 65 and over 47,222 74,000 56.
Number of individuals registered as at 31 March of each year.
Number of taxpayers 0 - R150 000 R150 001 - R400 000 R400 001 + 78.3% 18.3% 3.3% 75.2% 20.6% 4.2% 69.7% 24.6% 5.6% 58.7% 33.2% 8.
Total 100.0% 100.0% 100.0% 100.
Taxable income 0 - R150 000 43.0% 38.7% 32.9% 24.
Tax assessed 0 - R150 000 26.5% 22.6% 17.4% 12.
Excludes SITE only taxpayers.
Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.
Eastern Cape 8.6% 7.0% 5.8% 8.6% 6.8% 5.6% 8.4% 6.6% 5.4% 8.4% 6.4% 5.
Free State 4.8% 3.5% 3.2% 4.9% 3.4% 3.1% 4.8% 3.4% 3.0% 4.8% 3.4% 3.
North West 4.1% 3.5% 3.2% 4.1% 3.5% 3.2% 4.1% 3.4% 3.1% 4.2% 3.6% 3.
Northern Cape 1.5% 1.1% 1.0% 1.6% 1.1% 1.1% 1.6% 1.1% 1.0% 1.6% 1.1% 1.
Western Cape 17.3% 16.2% 16.0% 17.4% 16.2% 15.9% 17.6% 16.3% 15.8% 17.7% 16.4% 16.
Based on the office where the taxpayer is registered and not necessarily the province where the taxpayer resides. The provincial allocation is thus a reflection of the province in which the taxpayer's office is located.
Below 18 0.5% 0.2% 0.1% 0.5% 0.2% 0.1% 0.5% 0.2% 0.1% 0.5% 0.2% 0.
65 and older 7.8% 4.5% 3.6% 7.9% 4.6% 3.6% 7.8% 4.7% 3.8% 8.4% 5.2% 4.
Table A2.1.
Female 42.1% 33.7% 27.5% 42.9% 34.2% 28.1% 43.9% 34.7% 28.3% 45.3% 35.4% 29.
Leather, leather goods and fur (excl.
Total 3,806,986 95,994 3,856,999 107,918 3,580,314 113,546 2,611,364 105,978 1. Includes where the source of income was indicated as Other (as per SARS source code) or where the source of income was left blank on the return.
Agencies and other services 11.4% 9.2% 13.3% 11.9% 12.0% 11.7% 10.6% 11.
Agriculture, forestry and fishing 2.0% 1.7% 2.0% 1.9% 2.1% 2.0% 1.8% 1.
Bricks, ceramic, glass, cement and similar products 0.2% 0.3% 0.2% 0.2% 0.2% 0.3% 0.2% 0.
Catering and accommodation 0.5% 0.4% 0.5% 0.3% 0.5% 0.4% 0.4% 0.
Chemicals and chemical, rubber and plastic products 0.6% 0.9% 0.5% 0.8% 0.8% 1.2% 0.8% 1.
Clothing and footwear 0.3% 0.2% 0.3% 0.3% 0.4% 0.4% 0.3% 0.
Coal and petroleum products 0.7% 1.4% 0.6% 1.2% 0.7% 1.3% 0.7% 1.
Construction 1.3% 1.3% 1.2% 1.3% 1.6% 2.0% 1.5% 2.
Educational services 8.8% 5.9% 8.1% 5.3% 9.3% 5.4% 9.3% 5.
Electricity, gas and water 1.3% 2.1% 1.2% 1.5% 1.4% 1.6% 1.4% 1.
Financing, insurance, real estate and business services 21.6% 20.6% 22.0% 21.3% 20.1% 24.3% 18.9% 24.
Food, drink and tobacco 1.1% 1.6% 1.0% 1.4% 1.2% 1.6% 1.1% 1.
Leather, leather goods and fur (excl. footwear and clothing) 0.0% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.
Long term insurance 10.2% 7.8% 8.9% 6.8% 11.9% 7.5% 11.6% 7.
Machinery and related items 0.5% 0.6% 0.4% 0.5% 0.6% 0.8% 0.6% 0.
Medical, dental and other health and veterinary services 4.3% 4.3% 4.1% 4.1% 4.4% 4.5% 4.3% 4.
Metal 1.2% 1.6% 1.1% 1.4% 1.5% 1.8% 1.4% 1.
Mining and quarrying 2.5% 4.4% 2.2% 3.9% 2.7% 4.9% 2.6% 5.
Other manufacturing industries 2.7% 3.0% 2.9% 3.2% 2.9% 3.2% 2.7% 3.
Paper, printing and publishing 0.9% 1.1% 0.8% 0.9% 0.9% 1.1% 0.9% 1.
Personal and household services 1.1% 0.2% 0.9% 0.2% 0.7% 0.3% 0.6% 0.
Recreation and cultural services 0.6% 0.6% 0.5% 0.5% 0.5% 0.5% 0.5% 0.
Research and scientific institutes 0.3% 0.4% 0.3% 0.4% 0.4% 0.5% 0.4% 0.
Retail trade 5.6% 4.3% 4.3% 2.3% 6.4% 2.4% 8.5% 3.
Scientific, optical and similar equipment 0.1% 0.1% 0.1% 0.1% 0.1% 0.2% 0.1% 0.
Social and related community services 2.0% 1.5% 1.3% 0.9% 1.8% 1.1% 1.7% 1.
Specialised repair services 0.3% 0.3% 0.3% 0.3% 0.4% 0.4% 0.4% 0.
Textiles 0.2% 0.2% 0.2% 0.1% 0.2% 0.2% 0.2% 0.
Transport equipment 0.1% 0.2% 0.1% 0.2% 0.3% 0.3% 0.3% 0.
Transport, storage and communications 4.6% 5.1% 3.8% 4.1% 3.6% 4.0% 3.4% 4.
Vehicles, parts and accessories 1.5% 1.8% 1.3% 1.6% 1.6% 2.0% 1.5% 1.
Wholesale trade 0.5% 0.6% 0.5% 0.6% 0.6% 0.9% 0.6% 0.
Wood, wood products and furniture 0.2% 0.2% 0.2% 0.2% 0.3% 0.3% 0.2% 0.
Other 10.9% 16.0% 15.1% 20.3% 8.0% 11.0% 10.4% 11.
Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.
SARS' source of income code is used to classify according to the Standard Industrial Classification (SIC) system. SARS' source of income code is not fully aligned with the SIC system that Statistics South Africa uses.
Includes where the source of income was indicated as Other (as per SARS source code) or where the source of income was left blank on the return.
Total 3,402,110 88,366 3,284,327 95,553 3,316,460 107,288 2,358,639 99,220 1. Includes where the source of income was indicated as Other or where the source of income was left blank on the return.
Agencies and other services Agriculture, forestry and fishing1 Bricks, ceramic, glass, cement and similar products Catering and accommodation Chemicals and chemical, rubber and plastic products Clothing and footwear Coal and petroleum products Construction Educational services Electricity, gas and water Financing, insurance, real estate and business services Food, drink and tobacco Leather, leather goods and fur (excl.
Percentage Total <= 0 taxable income Total > 0 taxable income 23.0% 77.0% 20.9% 79.1% 24.2% 75.8% 20.0% 80.
Includes assessed losses of farmers.
Agencies and other services 9.2% 11.8% 7.3% 9.8% 11.3% 7.1% 8.7% 11.4% 6.6% 6.7% 8.6% 6.
Agriculture, forestry and fishing 19.7% -29.6% 18.8% 18.1% -18.0% 18.3% 19.7% -29.5% 20.8% 16.1% -8.8% 18.
Bricks, ceramic, glass, cement and similar products 0.2% 0.2% 0.1% 0.2% 0.2% 0.1% 0.2% 0.3% 0.2% 0.2% 0.2% 0.
Catering and accommodation 2.8% 1.8% 1.2% 2.8% 1.6% 1.1% 3.0% 1.8% 1.3% 3.2% 1.2% 1.
Chemicals and chemical, rubber and plastic products 0.2% 0.3% 0.1% 0.2% 0.2% 0.2% 0.2% 0.2% 0.1% 0.3% 0.3% 0.
Clothing and footwear 0.5% 0.4% 0.2% 0.5% 0.4% 0.2% 0.5% 0.5% 0.3% 0.5% 0.4% 0.
Coal and petroleum products 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% 0.1% 0.
Construction 4.8% 5.0% 2.9% 4.8% 4.9% 3.1% 4.9% 5.6% 3.3% 5.7% 4.8% 3.
Educational services 1.6% 2.0% 0.9% 1.6% 1.8% 0.9% 1.5% 1.6% 0.6% 2.0% 1.6% 0.
Electricity, gas and water 0.3% 0.3% 0.2% 0.3% 0.3% 0.1% 0.3% 0.4% 0.2% 0.2% 0.2% 0.
Financing, insurance, real estate and business services 19.5% 48.5% 32.6% 19.4% 44.1% 33.3% 18.6% 47.3% 31.6% 21.1% 41.7% 32.
Food, drink and tobacco 0.7% 0.5% 0.3% 0.6% 0.6% 0.4% 0.6% 0.7% 0.4% 0.8% 0.6% 0.
Leather, leather goods and fur (excl. footwear and clothing) 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.1% 0.0% 0.1% 0.0% 0.
Long term insurance 0.0% 0.1% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.
Machinery and related items 0.6% 0.8% 0.5% 0.5% 0.6% 0.4% 0.5% 0.8% 0.5% 0.7% 0.7% 0.
Medical, dental and other health and veterinary services 6.1% 24.7% 16.5% 5.9% 23.4% 18.3% 5.4% 25.3% 17.4% 5.9% 19.6% 16.
Metal 0.6% 0.7% 0.5% 0.5% 0.6% 0.4% 0.5% 0.8% 0.5% 0.7% 0.8% 0.
Mining and quarrying 0.1% 0.7% 0.9% 0.1% 0.2% 0.3% 0.1% 0.2% 0.2% 0.1% -0.0% 0.
Other manufacturing industries 0.7% 1.3% 0.8% 0.7% 0.6% 0.5% 0.7% 0.8% 0.5% 0.8% 0.9% 0.
Paper, printing and publishing 0.5% 0.8% 0.4% 0.4% 0.6% 0.3% 0.4% 0.7% 0.3% 0.6% 0.6% 0.
Personal and household services 3.2% 2.4% 0.8% 3.2% 2.1% 0.8% 3.5% 2.6% 0.8% 4.1% 2.3% 0.
Recreation and cultural services 1.5% 2.7% 1.9% 1.4% 2.0% 1.4% 1.5% 1.4% 1.1% 1.8% 2.0% 1.
Research and scientific institutes 0.1% 0.3% 0.2% 0.1% 0.2% 0.1% 0.1% 0.2% 0.1% 0.2% 0.3% 0.
Retail trade 14.5% 13.5% 6.8% 14.4% 12.8% 7.1% 15.8% 16.4% 8.1% 15.6% 11.8% 7.
Scientific, optical and similar equipment 0.0% 0.1% 0.1% 0.0% 0.1% 0.0% 0.0% 0.1% 0.0% 0.1% 0.1% 0.
Social and related community services 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.
Specialised repair services 1.6% 1.4% 0.6% 1.5% 1.2% 0.6% 1.6% 1.2% 0.6% 1.8% 1.2% 0.
Textiles 0.2% 0.1% 0.1% 0.2% 0.1% 0.1% 0.2% 0.2% 0.1% 0.2% 0.1% 0.
Transport equipment 0.0% 0.0% 0.0% 0.1% 0.0% 0.0% 0.1% -0.0% 0.0% 0.3% 0.1% 0.
Transport, storage and communications 8.4% 6.1% 3.5% 10.6% 5.7% 3.1% 8.9% 6.0% 2.7% 6.7% 5.3% 4.
Vehicles, parts and accessories 0.9% 1.1% 0.6% 0.8% 0.9% 0.5% 0.9% 0.9% 0.6% 1.1% 0.8% 0.
Wholesale trade 0.9% 1.4% 0.8% 0.9% 1.2% 0.8% 1.0% 1.6% 1.0% 1.6% 2.1% 1.
Wood, wood products and furniture 0.5% 0.4% 0.2% 0.4% 0.4% 0.2% 0.5% 0.3% 0.2% 0.6% 0.6% 0.
3701 Travelling allowance 32.4% 65.1% 29.7% 61.1% 27.9% 55.0% 27.5% 51.
3704 Subsistence allowance (Local travel) - taxable 2.3% 0.6% 2.1% 0.4% 1.9% 0.4% 2.0% 0.
3706 Entertainment allowance 0.4% 0.1% 0.2% 0.0% 0.2% 0.0% 0.1% 0.
3707 Share options exercised 1.1% 5.8% 1.3% 9.9% 2.0% 14.6% 2.8% 16.
3708 Public office allowance 0.3% 0.5% 0.3% 0.5% 0.3% 0.4% 0.2% 0.
3710 Tool allowance 0.3% 0.0% 0.3% 0.0% 0.3% 0.0% 0.2% 0.
3711 Computer allowance 1.1% 0.2% 0.7% 0.1% 0.7% 0.1% 0.7% 0.
3712 Telephone/Cell phone allowance 5.5% 0.9% 5.0% 0.8% 5.3% 0.9% 5.6% 0.
3713 Other allowances - taxable 51.5% 23.4% 54.9% 24.3% 56.2% 25.5% 55.0% 27.
Table A2.5.
3801 Acquisition of asset at less than the actual value 2.7% 3.4% 2.5% 3.2% 3.7% 2.6% 3.0% 1.
3802 Right of use of motor vehicle 9.4% 33.7% 8.9% 34.2% 6.3% 30.6% 6.2% 29.
3803 Right of use of asset 0.6% 0.4% 0.6% 0.2% 0.6% 0.2% 0.9% 0.
3804 Meals and refreshments vouchers 1.6% 0.3% 1.5% 0.2% 1.2% 0.2% 1.3% 0.
3805 Free or cheap residential / holiday accommodation 9.2% 12.9% 8.8% 12.5% 6.0% 7.6% 5.2% 6.
3806 Free or cheap services 11.8% 2.8% 11.8% 2.7% 7.5% 2.1% 7.9% 2.
3807 Low or interest-free loans: house 7.7% 2.5% 7.0% 2.2% 4.8% 1.3% 4.7% 1.
3808 Payment of employees debt 11.0% 7.9% 13.5% 8.9% 12.5% 7.6% 14.6% 8.
3809 Bursaries and scholarships 1.0% 0.8% 0.9% 0.8% 0.6% 0.5% 0.6% 0.
3810 Medical aid paid on behalf of employee 44.9% 35.2% 44.6% 34.8% 56.5% 46.9% 55.6% 48.
Other 0.0% 0.2% 0.0% 0.1% 0.2% 0.2% 0.1% 0.
4001 Current pension fund contributions 32.1% 22.9% 32.9% 24.4% 29.7% 23.6% 29.1% 23.
4002 Arrears pension fund contributions 0.7% 0.1% 0.7% 0.1% 0.7% 0.1% 0.9% 0.
4003 Provident fund contributions 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.
4006 Current retirement annuity fund 25.1% 12.1% 25.2% 13.3% 22.8% 13.0% 22.3% 12.
4007 Arrears retirement annuity fund 0.2% 0.0% 0.2% 0.0% 0.2% 0.0% 0.3% 0.
4008 Medical expenses (total) 26.8% 20.7% 26.4% 21.6% 33.8% 26.8% 34.0% 27.
4009 Medical expenses (disabled) 0.3% 0.6% 0.3% 0.7% 0.3% 0.9% 0.5% 1.
4010 Tool allowance 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.
4011 Donations 0.8% 0.2% 1.0% 0.2% 1.0% 0.3% 0.8% 0.
4013 Entertainment expenses - actual 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.
4014 Travel expenses - fixed cost - business cost claimed against allowance 10.8% 34.9% 10.4% 30.6% 8.8% 27.3% 9.4% 26.
4015 Travel expenses - actual business cost 0.3% 0.7% 0.3% 0.8% 0.3% 1.0% 0.6% 1.
4016 Other 2.8% 7.5% 2.5% 8.1% 2.2% 7.0% 2.1% 6.
4017 Subsistence allowance - local 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.
<fn>GOV-ZA.2rbac2iticStormwaterDraftByLawsEn.2012-02-10.en.txt</fn>
"organ of state" bears the meaning assigned to it in section 239 of the Constitution.
The purpose of this by-law is to regulate stormwater management and activities that may have an adverse impact on the development, operation and maintenance of the stormwater system.
applies to stormwater systems in built-up areas.
In the application and enforcement of this by-law, the municipality may take into consideration the realities of the Nelson Mandela Bay Metropolitan area, the different customs, cultures, circumstances, geographical areas, kinds of premises, levels of development and conventions, and the municipality may use the devices provided for in this by-law, including the application of different norms, standards and guidelines, and the granting of exemptions.
any activity which alone or in combination with other existing or future activities, may cause an increase in flood levels or create a potential flood risk.
the owner of the property on which the event took place or is taking place, must immediately report the incident to the municipality, and take, at own cost, all reasonable measures to contain and minimise the effects of the incident, which measures include, but are not limited to, the undertaking of cleaning up operations including the rehabilitation of the environment.
A person who contravenes a provision of subsection (1) or (2) commits an offence.
A person who wishes to obtain the consent of the municipality as contemplated in section 4, must submit an application form obtainable from the municipality.
When considering an application the municipality may require the applicant to provide the municipality, at own cost, with impact studies such as, but not limited to, environmental impact studies or environmental impact investigations which are required by environmental legislation.
The municipality may also require the applicant to establish and provide documentation indicating flood lines.
must, at own cost, keep the stormwater system functioning effectively, including undertaking, on written instruction by the municipality, the refurbishment and reconstruction thereof if the municipality has reasonable grounds for issuing such instruction.
Subsection (1)(b) does not apply where the municipality has accepted responsibility for any of the duties contained in a maintenance agreement or in terms of a condition of a servitude.
Should an owner fail or refuse to comply with an instruction by the municipality made in terms of subsection (1)(b), the municipality may undertake measures to refurbish or reconstruct the stormwater system, and the municipality may recover from the owner all reasonable costs incurred as a result of action taken.
An owner who contravenes a provision of subsection (1)(a) or who fails or refuses to comply with an instruction contemplated in subsection (1)(b) commits an offence.
The municipality may at all reasonable times enter upon any premises or any portion thereof with the aim of carrying out any inspection or test to determine the current status of a stormwater system.
discharge stormwater into any watercourse, whether on private land or not.
Should an owner of property fail to comply with an instruction contemplated in subsection (2)(g)(i), the municipality may undertake measures to retain such stormwater or to lay such stormwater drain pipe or gutter.
Where it seems that any action or neglect by a person or owner of property may lead to a contravention of a provision of this by-law, the municipality may notify, in writing, such person or owner to comply with such requirement as may be necessary to prevent the occurrence of such contravention.
in terms of subsection (3), from the owner of the property.
Any drain, pipe or structure provided in terms of subsection (2)(a) vests in the municipality.
impersonates an employee or contractor of the municipality.
If an owner of property or any person on behalf of an owner of property submits an application for the development or rezoning or subdivision of any property or for special consent in relation to the use of any property which necessitates the installation of storm water services infrastructure or which may increase the burden on the existing storm water services infrastructure, the municipality may raise a once off storm water services development levy.
The levy referred to in subsection (1) shall be payable by the owner upon such terms and conditions as may be determined by the municipality when approving the rezoning, subdivision or application for special consent and such levy will be determined in the municipality's annual schedule of tariffs.
The levy referred to in subsection (1) will be payable by the owner to the municipality within the period and on such conditions as may be imposed by the municipality.
No person may discharge or cause the discharge of any water from a swimming pool, fountain or reservoir, either directly or indirectly onto any public street or public place, or to any site other than onto the site upon which such pool, fountain or reservoir is situated without the written permission of the municipality.
Any person who contravenes the provisions of subsection (1) is guilty of an offence.
A notice or other document requiring authentication by the municipality must be signed by the municipal manager and when issued by the municipality in terms of this by-law is deemed to be duly issued if it is signed by the municipal manager.
when it has been delivered, at the request of that person, to his or her e-mail address.
Service of a copy is deemed to be service of the original.
When any notice or other document must be authorised or served on the owner, occupier, or holder of any property, or right in any property, it is sufficient if that person is described in the notice or other document as the owner, occupier, or holder of the property or right in question, and it is not necessary to name that person.
Any legal process is effectively and sufficiently served on the municipality when it is delivered to the municipal manager or a person in attendance at the municipal manager's office.
A person whose rights are affected by a decision of the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.
Any person may by means of a written application, in which the reasons are given in full, apply to the municipality for exemption from any provision of this by-law.
refuse to grant an exemption.
An exemption does not take effect before the applicant has undertaken in writing to comply with all conditions imposed by the municipality under subsection (2), however, if an activity is commenced before such undertaking has been submitted to the municipality, the exemption lapses.
If any condition of an exemption is not complied with, the exemption lapses immediately.
A person who has committed an offence in terms of this by-law is, on conviction, liable to a fine or in default of payment, to imprisonment, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment, and in the case of a successive or continuing offence, to a fine for every day such offence continues, or in default of payment thereof, to imprisonment.
The provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality are hereby repealed as far as they relate to matters provided for in this by-law.
This by-law may be cited as the Nelson Mandela Bay Metropolitan Municipality Stormwater Management By-laws, and commences on the date of publication thereof in the Provincial Gazette.
<fn>GOV-ZA.30032011En.2012-02-10.en.txt</fn>
Mpumalanga Safety, Security and Liaison MEC Vusi Shongwe has urged the communities to maintain support for the police as they [police] were now attacked by the politicians.
MEC Shongwe was addressing some community members outside the Thulamahashe Magistrate Court after the court appearance of those accused to be involved in the murder of the former Ehlanzeni Municipality Chief Whip John Ndlovu.
He said the police were doing the good work in fighting crime; therefore politicians should not associate some police officers with certain politicians.
He said police were trained to provide safety for all the people of South Africa by arresting and taking criminals to the courts.
Not all police officers are corrupt; many of them are working very hard and are doing the good work of fighting crime. The police will arrest anyone who is on the wrong side of the law; there is no one who is above the law.
It does not matter whether you are a politician or a government official, as long as you are on the wrong side of the law, the police will arrest you.
"We are serious when we say we will leave 'no stone unturned' in our efforts of making Mpumalanga a safe and secure place.," said MEC Shongwe.
He further commended the Lydenburg police for the swift arrest of 11 suspects in the murder of a man who was stoned to death by a group of people.
Shongwe acknowledged that the arrest was possible because of the dedicated men and women in blue uniform. He added that corrupt officers would be flushed out of the system.
He further encouraged people to vote in May during the municipal elections and choose their leaders. The MEC's statement was received with resistance from the community members who wore white t-shirts bearing the face of the late Mr Ndlovu.
He told them that even if there were challenges in the local government, they still needed to vote in honour of the freedom fighters who dared their lives for the liberation of the country.
I cannot be apologetic about that, even if people do not have faith on the local government system, do not forget that people died for us to be able to go and vote.
"I cannot stand here and lie, and claim easy victory at the expense of our freedom," said Shongwe.
The people told the MEC they will only vote if he promised them service delivery. They further demanded feedback on the court proceedings regarding the death of Ndlovu.
The MEC said he would support them until the case came to an end with justice being done.
"I am one of those who can stand on the box and oppose their bail application. It is true, we are wasting time by coming here, but we are doing this because we want to see justice being done," he said.
The case of the four accused with murder of the late Ndlovu was postponed to 25 May 2011.
<fn>GOV-ZA.30052011En.2012-02-10.en.txt</fn>
The Mozambican Consul to Mpumalanga and Limpopo Artur Verissimo has asked the South African authorities for the crime information involving his fellow citizens in an effort to strengthen the relations between the two countries.
While discussing the plight of the Mozambican nationals living in South Africa with Mpumalanga Department of Safety, Security and Liaison last Friday, Consular Verissimo told the department that South Africa had an obligation to assist his office in order to help his fellow citizens abroad.
He said it was disturbing for his office to learn from newspapers about Mozambicans involved in crime without getting the information from the authorities.
He therefore requested the South African Police Service in Mpumalanga to help them with information of wanted and arrested Mozambican criminals so that their mission would be effective to their government.
Such information will help even our police in Mozambique. As a mission, we only see benefits from sharing such kind of information instead of harming the good bi-lateral relations between our provinces.
"We have to find ways of working together even at our borders instead of pointing fingers at each other. When our people commit crime in Mpumalanga and run back to Mozambique, our police at home would ensure that they bring them to justice," said Consular Verissimo.
Mpumalanga Department for Safety, Security and Liaison and SAPS said such information would easily be available from the Department of International Relations and Cooperation.
Chairing the meeting, the Head of the Department of Safety, Security and Liaison Thulani Sibuyi said both delegations needed to be careful not to compromise "sensitive security" information as this could lead to law enforcement agencies frustrated in doing their work.
Surely it will be good to know as to how many people from Mozambique are the victims of crime and whether they are receiving necessary treatment from our law enforcement agencies.
It is not only the Geneva Protocol that promotes the relations between our country and Mozambique, our countries have bi-lateral relations, memoranda of understanding signed by our heads of states for working together socially, politically and economically.
"As a government, we condemn and fight crime to the best of our ability. It does not matter whether crime was committed by a Mozambican or a South African, any violation must be dealt with accordingly," said HOD Sibuyi.
The meeting further discussed poaching which was described as a "national crisis" in South Africa since Mpumalanga province contributed greatly to this crime.
Acting Mpumalanga SAPS Commissioner Major-General Thulani Phahla urged the diplomatic mission to sensationalize their people in Mozambique to stop poaching in the Kruger National Park as many people were arrested while others died during the shoot-out with the SANDF which protected South African borders.
Poaching in our country is no longer a Mpumalanga crisis but a national one. We urge you to educate the people on the ground because all arrests we make involve people from Mozambique.
"These people carry huge and sophisticated firearms and in most cases they end up being arrested or shot dead. In a long run, this will affect the relations between our countries," said Phahla.
He had alleged that the provincial law authorities lacked interest in investigating crimes and prosecuting suspects in cases of violence against the Mozambicans.
He had further alleged that SAPS members were involved in crimes against his fellow citizens by harassing and demanding bribes.
He mentioned serious crimes including violence against women and children.
<fn>GOV-ZA.300610En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.30062011En.2012-02-10.en.txt</fn>
Pretoria - Transport Minister Sibusiso Ndebele has urged motorists to exercise extra caution as schools re-open on Monday, 18 July.
Roads across the country will be busier than usual this week as schools re-open on 18 July.
"Alone, we might not be strong enough but we now stand together with the world to declare that road deaths can be stopped. It is all in our hands," said the minister.
This is done in line with the National Rolling Enforcement Plan (NREP) announced by Ndebele last year.
On Monday, Gauteng traffic police discontinued 14 tow trucks from use at the Langlaagte Testing Station in Johannesburg as part of an operation aimed at addressing rampant non-compliance with road traffic legislation within the breakdown (towing) industry.
Of the 18 tow-trucks tested over a two-hour period, only four were roadworthy.
<fn>GOV-ZA.30082010En.2012-02-10.en.txt</fn>
On 29 August 2010, the Department of Arts and Culture hosted a concert to pay tribute to women at the State Theatre in Pretoria. The concert, which was free of charge, concert marked the end of the department's Women's Month programme of activities. During this month, the department hosted the Dulcie September Memorial Lecture, African Women Writers' Symposium, launch of the Sarah Bartmann concept design, and the declaration of the graves of struggle icons Charlottte Maxeke, Lillian Ngoyi and Helen Joseph as heritage sites.
In to order acknowledge and recognise the meaningful contribution of women in the sustainable development of the arts, culture and heritage sector, Minister Xingwana honoured several women artists in different categories namely, music, theatre, poetry, writers, dance, film, craft and visual arts. "Tonight we want to acknowledge women who have made and are making a solid contribution to the arts in this country and in projecting our arts and culture to the world". Minister Xingwana said.
<fn>GOV-ZA.30092009En.2012-02-10.en.txt</fn>
Mpumalanga liquor traders will loose their liquor trading licenses if they fail to comply with the regulations.
Mpumalanga Department of Community Safety, Security and Liaison Chief Director Ms. Nontsundu Ndonga told liquor traders at a Tavern and Shebeen Indaba held at KaNyamazane outside Nelspruit on Tuesday that their licenses will be withdrawn if they fail to comply with conditions issued with the licenses.
Ms Ndonga also appealed to liquor traders not to sell liquor to minors, already intoxicated people, or to trade after the regulated time.
She said that the department was concerned about the huge number of young people who accessed liquor from the outlets who are only concerned about making profits rather than the effect of alcohol to the society.
Ms Ndonga urged the community to participate in liquor regulation by not going to taverns late at night or after they have closed adding that more crime took place when people move from one trader to the other.
Society cannot sit back and fold arms as the effects of alcohol abuse affect everyone. As members of the community we need to ensure that we report irregular trading as and when we see it.
"Designated liquor officers at police stations must also refrain from colluding with unscrupulous applicants who usually mislead the provincial liquor board by falsifying information in order to be granted licenses, "said Ms Ndonga.
She added that responsible trading was everybody's business.
Speaking at the same indaba, Advocate Sandile Nkosi from the National Liquor Regulatory Forum, explained that liquor trading contributed only R10 billion per annum to the country's economy.
Government spent well over R50 billion in dealing with problems emanating from alcohol abuse.
Nkosi said the money was used by among others Road Accident Fund (RAF) to pay third party claims and to create awareness campaigns to spread road safety messages.
Other costs borne by the state included social grants payments to the surviving children who lost parents in road accidents due to drunk drivers.
Nkosi said South Africa was one of the leading countries with high incidences of babies born with Foetal Alcohol Syndrome (FAS). FAS is a disorder that occurs to the embryo when a woman drinks alcohol during pregnancy.
The Indaba was called by the department following an analysis that alcohol abuse contributed to escalating levels of social contact crimes.
The indaba was attended by among others taverns and shebeens owners, Provincial Liquor Board, SAPS and other government departments.
It was resolved that all the inputs would be consolidated by the department and an action plan would be developed in conjunction with all the role players.
<fn>GOV-ZA.301En.2012-02-10.en.txt</fn>
The Department of Cultural Affairs and Sport (DCAS) provides services and support to empower the people of the Western Cape in the areas of arts, culture, heritage, sports and recreation. In the spirit of ubuntu, DCAS strives to set the platform for a creative, active and empowered Western Cape.
Language Services works with the Western Cape Language Committee to promote multiculturalism and ensure that all three official languages of the Western Cape, Afrikaans, English and isiXhosa, are given equal status. They also protect marginalised languages.
The goals of sport are not only achieved on the field. Sport and Recreation Services provides the necessary support for sport to be played in the province. They also use sport to develop healthy lifestyles, ensure transformation and promote indigenous games.
Cultural Services facilitates the promotion, preservation and development of arts and culture in the province.
Library Services has the responsibility of ensuring that the people of the Western Cape can access libraries freely and efficiently. This promotes a culture of reading. The Western Cape Archives and Records Services collects, manages and preserves records that form part of our archival heritage. These records are preserved for use by government and people of South Africa.
Heritage Resource Management provides support and administrative services to the Heritage Western Cape. Heritage Western Cape is a provincial heritage resources authority. Established in January 2003, this public entity seeks to identify, protect and conserve the rich and diverse heritage resources of the Western Cape.
The Museum Service aims to promote respect for cultural diversity in South Africa and appreciation of our natural heritage. The Museum Service therefore sets out to build understanding and pride of our diverse heritage through the affiliated museums.
<fn>GOV-ZA.302004061401En.2012-02-10.en.txt</fn>
Let me say a few words, Madam Speaker, on some of the agencies that operate outside of the National Treasury but form part of the wider family of this Ministry.
Our youngest child is the Financial Intelligence Centre (FIC).
South Africa is making good progress in building institutions and arrangements to combat money-laundering and financing of illegal organisations. The Financial Intelligence Centre Act, 2001 ("the Act"), cuts across a wide range of institutions within government and the private sector. It places a series of obligations on both sectors - but the key to its success is that they work together and share information. We are determined that this be the case because we want to protect our people from criminal activity and prevent our financial institutions and sector from being abused by criminals and crime syndicates. The Act also provides an important tool to assist law enforcement agencies and facilitates their investigations.
In April last year South Africa was assessed by the Financial Action Task Force ("the FATF"), which is the international standard-setting body, to determine if our Anti Money Laundering regime met the international standard. As a result, South Africa was invited to become a member of the FATF, which it did in June last year. However, the assessment did find that we needed to meet the revised standard regarding the beneficial ownership of companies and legal entities, as well as implement measures to combat the financing of terrorism. These issues are being addressed and the anti terror financing measures are contained in the Protection of Constitutional Democracy Against Terrorist and Related Activities Bill. We shall come to Parliament late this year with proposals to amend the legislation to meet the revised international standard, as well as enhance the relationship with supervisory bodies. In addition, we want to begin implementing the measures already contained in the Act to monitor cross-border transactions soon.
The Financial Intelligence Centre itself, although in the very early stages of its development, is now operating independently of National Treasury. During the past year it received about 7 480 suspicious transaction reports from a range of accountable institutions, mainly the banks and money remitters. Many of these have been referred to law enforcement authorities for further investigation. I want to compliment accountable institutions that have made efforts to implement reporting measures. This is a new and challenging process for all, and can never be simple. It has also involved considerable expense for accountable institutions. When Parliament passed the Act in 2001, it accepted that the anti-money laundering legislation is onerous and will impose burdens on individuals and institutions. But we all agreed that this would be a small price to pay as we needed measures to protect our financial sector from being undermined by criminals, both domestically and globally, as we increased our presence in the international economic arena, and we needed measures to assist the law enforcement authorities to investigate crime.
I remain determined that South Africa will meet the international standard to prevent money laundering and more importantly, that we move progressively to increase compliance by our institutions. The 'know your customer' requirement is one such measure. It is a standard endorsed by many international bodies, including the Basel Committee on Banking Supervision, as well as the FATF. Banks and other accountable institutions need to know their customers as an important aspect of preventing their institutions from being abused by criminals.
As the deadline of 30 June this year approaches, this matter has caused some controversy. The Act requires that accountable institutions not transact with clients who have not been re-identified. There is concern that the documentation requirements are too onerous and that the time-frame may not be achievable. On the former, I am advised that most enquiries are based on misunderstandings and I am confident that account-holders and banks will find the regulations are sufficiently accommodating. On the time-lines, I have sought further advice and I will respond in the near future.
<fn>GOV-ZA.30220cEn.2012-02-10.en.txt</fn>
The Director-General Attention: Ms.
BILL To establish the National Space Agency; to determine Its objects and functions; to prescribe the manner in which it is to be managed and governed; to regulate its staff matters and financial affairs; and to provide for matters connected therewith.
Executive of Agency.
In this Act, unless the context indicates otherwise"Agency" means the National Space Agency established by section 2(1); "Board" means the Board contemplated in section 5; "Chief Executive Officer" means the chief executive officer appointed in terms of section 12(1); "Department" means the Department of Science and Technology; "GEPF" means the Government Employees Pension Fund "GEPL" means the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996) "Minister" means the Minister of Science and Technology; "space" means the area beyond the earth's measurable atmosphere; "space mission applications" means the day-to-day management of the spacecraft "this Act" includes any regulation made in terms of section 16.
There is hereby established a juristic person to be known as the National Space Agency.
The Public Finance Management Act, 1999 (Act No. 1 of 1999), applies to the Agency.
support the creation of an environment conducive to. industrial'..
advance scientific, engineering and technological competencies and capabilities through human capital development and outreach programmes; and foster international co-operation in space related activities.
The Agency must implement any space programme in line with the Space Affairs Act, 1993 (Act No.
develop and implement the national space science and technology strategy; and acquire, assimilate and disseminate space satellite data for any organ of state.
purchase or otherwise acquire.
space mission applications.
not less than 10 and not more than 15 members; and the Chief Executive Officer, who is an ex officio member.
The Minister must appoint a panel that must compile a shortlist of candidates to be appointed as members contemplated in subsection (1) (a) and (b).
representative of the South African population, according to race, gender and disability.
Members contemplated in subsections (l)(a) and (b) are appointed by the Minister in their personal capacities and must be persons who have distinguished themselves in the field of space science and technology or who possess special qualifications, experience or skills in relation to some aspect of the functions of the Agency; and are citizens of the Republic or who have the right of permanent residence in the Republic; and broadly representative of the various sectors in the field of the space science and technology, and at least one of the members must have financial expertise.
0 the member has, as a result of improper conduct, been removed from a position of trust by a competent court of law.
A person may not be appointed as a member of the Board if any provision of subsection (4)(b) to (e) and (g) to (0 applies to that person.
The Minister may remove a member of the Board from office on the grounds of misconduct, incapacity or incompetence; or if the majority of members so recommends.
A decision to remove a member of the Board from office in terms of paragraph (a) (i) must be based on the recommendation of an independent panel appointed by the Minister.
The Minister may dissolve the Board on any reasonable grounds.
If a member of the Board dies, ceases to hold office or is removed from office the Minister may appoint a person in that member's place for the remaining part of the term of office.
A member of the Board holds office for a period not exceeding four years, subject to subsections (5) and (6).
No member may serve more than two consecutive terms.
The Board may, after consultatlon ' with the Minister, establish or disestablish any organisational division of the Agency.
A member of the Board who is not in the full-time employment of the State must be paid such allowances out of the funds of the Agency as may be determined by the Minister, with the concurrence of the Minister of Finance.
The Board must meet at least four times a year at such times and places as the Board may determine.
The Board may determine the procedure for its meetings.
may convene a special meeting of the Board; and must convene a special meeting within 14 days of receipt of a written request signed by at least two thirds of the members of the Board to convene such meeting.
The chairperson or, in the chairperson's absence, a member of the Board elected by the members present presides at a meeting of the Board.
The quorum for a meeting of the Board is two thirds of its voting members.
A decision of the Board must be taken by resolution of the majority of the members present at any meeting of the Board and in the event of an equality of votes on any matter the person presiding at the meeting has a casting vote in addition to her or his deliberative vote.
A member of the Board may not vote or in any manner be present during or participate in the proceedings at any meeting of the Board if, in relation to any matter before the Board, she or he may have any interest that precludes her or him from performing her or his functions as a member of the Board in a fair, unbiased and proper manner.
The Board may establish one or more committees to perform such functions of the Agency as the Board may determine.
employee of the Agency; or other person with suitable skills or experience who must be paid such allowances as the Minister may determine, subject to section 7.
A member of the Board may not serve on more than two committees at a time.
The Board is not absolved from the performance of any function entrusted to any committee in terms of this section.
must appoint as members of the Governance Committee a chairperson, who must be a member of the Board other than the chairperson contemplated in section 5(1)(a); and at least two other persons who may be members of the Board; and may not appoint any employee of the Agency as a member of the Governance Committee.
The Board must, with the approval of the Minister, appoint a suitably skilled and qualified person as the Chief Executive Officer of the Agency.
The appointment of the Chief Executive Officer must be made after following such transparent and competitive selection process as may be prescribed by the Minister by regulation.
The Chief Executive Officer may not serve for more than two consecutive terms.
is responsible for the administrative control of the employees and persons contemplated in paragraph (a); and must ensure compliance with applicable labour legislation in appointing employees and receiving persons contemplated in paragraph (a).
a human resource policy; and structures for the remuneration, allowances; subsidies and other benefits andterrns of conditions for employees contemplated in subsection (1) in accordance with such system as may be approved by the Minister and with the concurrence of the Minister of Finance.
The Agency may, subject to the approval of the Minister and in terms of Public Finance Management Act, 1999 (Act NO.1 of 1999), invest any of its funds not immediately required.
A delegation in terms of subsection (1) does not prohibit the performance of the function in question by the Chief Executive Officer.
interim measures for the continued management and functioning of the Agency in the event that the Minister dissolves the Board in terms of section 5(7); and any ancillary, or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.
3.2 Departments of: Trade and Industry (Dti); Education (DoE); National Treasury; Public Service and Administration (OPSA); Public Enterprises (OPE); Minerals and Energy (DME); Transport (DoT); Environmental Affairs and Tourism (DEAT); and the South African Police Services (SAPS).
3.3 Higher Education Institutions, including: Tshwane University of Technology (TUT); Stellenbosch University; University of Cape Town; University of the Western Cape (UWC); University of the Witwatersrand (Wits); Central University of Technology: Free State; University of Pretoria; cape Peninsula University; University of Venda; University of the North West; University of Zululand; and the University of Johannesburg.
<fn>GOV-ZA.3022131En.2012-02-10.en.txt</fn>
Indicates translated version of the question.
Indicates a question for oral reply.
How many successful rural development projects have been implemented in the Free State (i) in the past five financial years and (ii) from 1 April 2010 up to the latest specified date for which information is available, (b) what is the total expenditure that has been incurred by his department in implementing these projects in the specified time frame and (c) what are the further relevant details of these projects CO392?
whether he has been informed that part of the reasons for the under-spending in conditional grants for municipalities is the drive to cash in on the interest that is generated through these grants to make up for revenue challenges; if not, what is the position in this regard; if so, what is being done to deal with the causes of this problem CO478?
Whether he will consider reviewing the provincial allocation in accordance with the Equitable Share funding formula with the fact that the population of Gauteng is growing as a result of migration; if not, why not; if so, what are the relevant details CO479?
Whether she intends introducing legislation that will regulate mining houses by imposing penalties for waste that results in polluting water resources; if not, why not; if so, what is the progress in this regard CO480?
whether the number of graduates in this field will meet the demand; if not, what is the position in this regard; if so, what are the relevant details CO483?
whether any corrective measures have been put in place to remedy the underspending; if not, why not; if so, what measures CO484?
Whether any action (a) is being planned or (b) has been taken to stop the illegal mining of coal in Osizweni near Newcastle, in KwaZulu-Natal; if not, why not; if so, what action in each case CO485?
whether any plans have been put in place to address the delay in the processing of the land claims; if not, why not; if so, what plans CO486?
what steps are being taken to avoid additional job losses in the industrial labour sector CO488?
Whether the inability to beneficiate South African mineral commodities is the primary reason for South Africa being, according to the Gini Coefficient, the most unequal society in the world in terms of income levels; if not, what is the position in this regard; if so, what are the relevant details CO509?
Whether the roll-out for the South African bid to host the establishment of the Square Kilometre Array Telescope in the Northern Cape has been successful; if not, why not; if so, what are the relevant details CO510?
Whether a status report on the revision of the Renewable Energy White Paper will be made available; if not, why not; if so, what are the relevant details CO511?
Whether the Government has developed any specific incentives for potential investors to manufacture components for the solar power industry in South Africa; if not, why not; if so, what are the relevant details CO512?
Whether she will take any action against any entities reporting to her department that are not adhering to the regulations and legislation that govern such entities; if not, why not; if so, what action will be taken against a certain company (name furnished) for not reporting performance against predetermined objectives as required by section 55(2) of the Public Finance Management Act, Act 1 of 1999 CO513?
Whether, with reference to his department's 2009-10 Annual Report, any measures are in place to ensure that financial benefits (details furnished) flow to the country instead of film houses abroad; if not, why not; if so, what are the relevant details CO514?
Whether, in light of the large number of job losses as a result of factory closures, he will provide details pertaining to the recently signed trade agreement between South Africa and China; if not, why not; if so, what are the relevant details CO515?
Whether, with regard to his department's initiative to reduce expenditure on Information Technology and Internal Audit consultants, he will provide relevant information in respect of the reduction in expenditure in the 2009-10 financial year; if not, why not; if so, what are the relevant details CO516?
Whether, with reference to his department's 2009-10 Annual Report, his department is experiencing a high turnover of staff; if not, what is the position in this regard; if so, what initiatives his department and its entities have to attract and retain capable and experienced staff CO517?
Whether his department provides quarterly reports on performance in terms of Treasury Regulation 5.3.1; if not, why not; if so, (a) why was this not done before and (b) who will be held accountable in this regard CO518?
Whether she has engaged any structures and/or government entities towards creating employment opportunities for the youth, particularly in the (a) rural and (b) farm areas since 1 June 2004; if not, why not; if so, what are the relevant details CO522?
whether his department and/or any of its entities has a staff retention strategy; if not, why not; if so, what are the relevant details CO524?
Whether there are any entities under his department that operate without a group company executive; if not, what is the position in this regard; if so, what are the relevant details CO525?
Whether his department has put any measures in place to monitor compliance of the cellular phone business sector with black economic empowerment and other employment equity targets that are intended to foster (a) transformation and (b) broad representation of previously marginalised individuals; if not, why not; if so, what are the relevant details CO528?
How many job opportunities will be created in each province by phase 2 of the Extended Public Works Programme which is aimed at creating 4.5 million jobs towards contributing to solve unemployment by 2014 and (b) how many of the 4.5 million job opportunities will be (i) full time and (ii) temporary jobs CO533?
whether her department will apply corrective measures retrospectively since 2001; if not, why not; if so, what are the relevant details CO536?
Whether he has been informed of the challenges that are facing the Sisonke District Municipality in Umzimkhulu regarding the electrification of Ntsikeni, Ndawana and the surrounding areas; if not, what is the position in this regard; if so, (a) when will the construction of the Corinth substation plant by Eskom begin and (b) what is the budgeted cost of the plant CO537?
<fn>GOV-ZA.30427En.2012-02-10.en.txt</fn>
STAATSKOERANT, 31 OKTOBER 2007 No.
The Minister of water Affairs and Forestry, Mrs Lindiwe B. Hendricks, has under section 62 read with section 61 of the National Water Act, 1998 (Act No. 36 of 1998) made the regulations in the Schedule.
i4RS-L-.
"the Act" means the National Water Act, 1998 (Act No. 36 of 1998).
respect of each additional farming unit apply, subject to paragraph (b) below, for financial assistance.
Nothing in this regulation is to be construed as implying that financial assistance is necessarily to be given to a resource poor farmer who in terms of sub- regulation (1) is eligible for financial assistance, but the granting of financial assistance is instead dependent on the approval of an application for financial assistance and the availability of funds.
a feasibility and viability report of the project; proof of registration of any approved legal entity involved in the application for financial assistance; a copy of approved constitution of the legal entity referred to in paragraph (ii), if any; certified copies of the identity documents of all beneficiaries; a certificate or other proof of water use authorization for the purpose agricultural water use development; proof of the applicant's financial position in the form of bank or audited financial statements or such other documents as the Minister may determine; three quotations for the proposed agricultural water use development or related activities in respect of which financial assistance is required; proof of a farmer's land tenure arrangement in the form of a title deed, lease agreement or otherwise; validated invoices for services already rendered, if applicable; in the case of a joint venture or partnership, a detailed signed agreement in respect thereof; and recommendations, in writing, from the provincial committee or other relevant stakeholders.
in writing, acknowledge receipts thereof; and submit the application, together with all supporting documents, to the Minister for consideration.
These regulations are called the Regulations on Financial Assistance to Resource Poor Farmers, 2007.
<fn>GOV-ZA.3045791En.2012-02-10.en.txt</fn>
Whether current sanctions on nuclear matters against Iran which South Africa supported are justified; if not, what is the position in this regard; if so, what are the relevant details CO364?
Whether the Moral Regeneration Movement (MRM) has held any meetings during the period 1 January 2009 up to the latest specified date for which information is available; if not, why not; if so, (a) with whom were the meetings held, (b) what subjects were covered in the meetings, (c) what (i) decisions and (ii) recommendations were made at such meetings and (d) who attended the meetings CO539?
whether the Energy Advisory Council has considered the building of any further nuclear power stations; if not, what is the position in this regard; if so, what conclusions were reached regarding the (a) need, (b) locality, (c) timing and (d) financing of the new nuclear power stations by the Energy Advisory Council CO540?
what new (a) strategies and (b) plans will the Government put in place in the next 5-10 years to assist existing programmes, like Lovelife, in order to target youth with HIV/Aids prevention messages CO554?
whether the Government has any plans to assist poor municipalities in playing a critical role in advancing (a) the fight against poverty, (b) social marginalisation of the poor, (c) child-headed households and (d) senior citizens; if not, why not; if so, what plans CO560?
Whether any part of the R300 billion the Government has been spending annually on infrastructure investment includes investment in ensuring the supply and preservation of (a) clean water, (b) water storage and (c) distribution, especially in clearing out our national water infrastructure backlog in communities of the rural areas and townships of Limpopo, Northern Cape, Eastern Cape and Mpumalanga that have been battling with drought, inconsistent water supply, contaminated water and/or still use natural water streams and dams; if not, why not; if so, what are the relevant details CO561?
<fn>GOV-ZA.3049481En.2012-02-10.en.txt</fn>
â  Indicates a written question transferred for oral reply upon the request of the relevant member (Rule 117).
Board and management, the financial guarantee that has been provided to the SABC has brought about financial stability in the SABC; if not, why not; if so, what are the relevant details?
whether this information, as contained in the data base of his department, is available to the public; if not, why not; if so, what process must the public follow in order to obtain the information NO2815?
1998 White Paper on the Energy Policy, especially with regard to energy diversification through the utilisation of clean energy means NO3833?
Whether he intends introducing steps to (a) amend regulations regarding company registration and zoning of small businesses and (b) subject all new laws to regulatory impact assessments to review their effect on small businesses; if not, why not; if so, what are the further relevant details NO3830?
Whether the settlement of the 3852 outstanding rural land restitution claims will contribute to meeting the 30% target set by his department for black ownership of productive agricultural land; if not, why not; if so, what are the relevant details NO3865?
Whether he has found that the steps taken by cellular phone operators to extend coverage of their services to rural areas have proved to be adequate; if not, why not; if so, what are the relevant details NO3882?
Whether the agricultural sector has made any meaningful gains in dealing with the problems of 86 000 jobs shed in the third quarter of 2010; if not, why not; if so, (a) what has been the net increase in jobs since 1 January 2010 and (b) what is her department's outlook in this regard for the near future NO3886?
How many irrigation schemes are there in the country, (b) where is each scheme located, what is its status and (d) in what way does each contribute to ensuring (i) food security and empowering people NO3841?
which contractors have incurred any penalties and (c) how much do these penalties amount to NO3878?
seeds, (d) fertilizer and (e) diesel to (i) persons or (ii) groups engaged in agricultural activities; if not, why not, in each case; if so, in each case, what (aa) were the criteria used to determine the beneficiary and (bb) are the further relevant details NO3842?
Whether his department has guided tourism planning in the local government and rural areas (details furnished); if not, why not; if so, (a) which municipalities have been reached and (b) what are the further relevant details NO3852?
whether any application has been made to the National Treasury for a government loan for Sentech; if not, what is the position in this regard; if so, what is the anticipated amount for which Sentech will apply NO3863?
South Africa as a destination of choice; if not, why not; if so, (a) what is this strategy, (b) when will it be implemented and (c) how will this be a more effective strategy than the previous one NO3891?
What progress has her department made with the programme of (a) transforming the property industry (details furnished) and (b) eradicating mud schools NO3854?
Whether he plans to investigate the creation of a financial regime whereby the investments of the elderly are shielded by way of a fixed minimum interest rate in case of downward variations, while they will still benefit in case of upward variations; if not, why not; if so, what are the relevant details NO3893?
How his department intends evaluating the actual impact of tourism and its contribution to the gross domestic product NO3849?
whether she will establish a task team to investigate the progress made with regard to the empowerment of HDSAs; if not, why not; if so, what are the relevant details NO3879?
Whether his department has developed a concept for social tourism (details furnished); if not, why not; if so, what are the relevant details NO3853?
Whether his department has introduced new and innovative plans to boost the domestic tourism sector beyond anything achieved in the past; if not, why not; if so, what are the relevant details NO3890?
for what reason are grants of up to R9 million made available for projects with a value of R30 million in respect of the Tourism Support Programme NO3859?
Whether her department intends giving municipalities a role in the roll-out of solar water heaters; if not, why not; if so, what have they done in this regard NO3831E What economic plans does his department have to assist vigorously in closing the gap between haves and have-nots NO3834?
What programmes did he put in place to ensure that women are introduced into the mainstream of the economy NO3840?
infrastructure at the national research facilities NO3860?
Whether the coordination of the Development Finance Institutions in contributing to the estimated funding gap for infrastructure projects is being achieved; if not, what is the position in this regard; if so, what are the relevant details NO3887?
Whether the public entities that report to him are geared towards halving the levels of unemployment by 2014; if so, what are the relevant details NO3838?
Whether she plans to investigate the creation of statutory remedies in terms of which a legal strike can be declared illegal by way of a speedy application process as soon as a certain level of violence and damage to property is reached; if not, why not; if so, what are the relevant details NO3894?
With reference to the widely reported concerns pertaining to acid mine drainage and the fast rising water tables in the Rand mining basin; (a) what measures have been put in place to address these concerns and (b) what role is being played by mining operations and the Chamber of Mines in dealing with this matter NO2670E Whether it is his department's position that the creation of work should be left to the markets; if not, what is the position in this regard NO3837?
What steps has she taken to incentivise doctoral graduates in the sciences NO3861?
What is the extent of his department's support to cooperatives to create jobs NO3835?
What steps has he taken to remedy the failures reported on by the Auditor-General in his department's 2008-09 annual report NO3862?
Whether his department funded any of the Expanded Public Works Programme (EPWP) projects in the Free State; if so, (a) which projects and (b) what are the further relevant details?
whether there was a divide on the question of currency intervention and quantitative easing; if so, (a) how did the meeting divide and (b) what was South Africa's position in this regard NO3847?
Whether the Japanese standard will be adopted for the process of digital migration; if so, what are the relevant details; if not, whether the European standard will be adopted for the process of digital migration; if not, what is the position in this regard; if so, what are the relevant details NO3864?
whether any of these senior management positions have not been filled; if so, why have these positions not been filled NO3867?
when will these plans be implemented, (c) what resources will be required to implement these plans and (d) what are the further relevant details NO3868?
whether a detailed outline of the responsibilities of each of the state-owned enterprises in this regard is available; if not, why not; if so, where can it be accessed NO3871?
whether he has instituted any legal action against the persons allegedly responsible for the fraudulent activity in order to bring guilty persons to book; if not, why not; if so, what are the relevant details NO3872?
whether any immediate relief will be offered to small businesses awaiting receipt of refunds; if not, why not; if so, what are the relevant details NO3874?
whether, in each case, any measures were taken by his department to increase spending and create more jobs; if not, why not; if so, what (a) measures and (b) are the further relevant details NO3876?
whether the progress updates will be publicly available; if not, why not; if so, what are the relevant details NO3877?
whether in light of its poor financial performance the Agency will be effective in assisting historically disadvantaged South Africans in the industry; if not, what is the position in this regard; if so, how will this be done NO3880?
Whether he has begun a consultative process with stakeholders to investigate the viability of the partial privatisation of the Passenger Rail Agency of SA (Prasa); if not, why not; if so, what are the relevant details NO3896?
<fn>GOV-ZA.3054En.2012-02-10.en.txt</fn>
Home Affairs is to unveil a system today to help facilitate the secure movement of people in and out of the country in preparation for the 2010 FIFA World Cup.
<fn>GOV-ZA.3057En.2012-02-10.en.txt</fn>
In these rules the Acr shall mean the Pharmacy Act 53 of 1974, as amended, and any expression to which a meaning has been assigned in the Act shall bear such meaning.
STAATSKOERANT, 27 MEl 2011 No.
The pharmacy premises must be clearly demarcated and identified from the premises of any other business or practice.
is deleted and replaced with subsections 1.2.2.1 and 1.2.2.
Section 2.
<fn>GOV-ZA.305En.2012-02-10.en.txt</fn>
The core function and responsibility of the Western Cape Department of Health is to deliver a comprehensive package of health services to the people of the province.
Quality health for all.
We undertake to provide equitable access to quality health services in partnership with the relevant stakeholders within a balanced and well managed health system.
Primary Health Care Services - 479 facilities in 32 sub-districts and six districts (five rural districts and four sub-structures in the district of metropolitan Cape Town).
34 district hospitals.
Eight regional hospitals (including the level 2 services provided at the central (tertiary) hospitals).
Six tuberculosis hospitals.
Four psychiatric hospitals.
One rehabilitation centre.
Three central (tertiary) hospitals.
Emergency Medical Services (EMS) - 50 ambulance stations with 251 ambulances.
Forensic Pathology Services - 18 mortuaries and 46 response vehicles.
Training for health care workers and professionals (in conjunction with universities).
Regulation of private hospitals in the province.
Family planning services.
Infectious diseases management.
Legal services related to medical attention.
Oral (dental) health services (scholars and mobile clinics only).
Primary health care services.
Antiretroviral (ARV) services for AIDS patients.
Children under the age of six years.
Involuntary (certified) psychiatric patients.
Children attending school who are referred to hospitals.
Hospital personnel employed before 1976.
Children who have been placed in care.
Boarders, live-in children and babies, relatives and donors.
People receiving social grants/pensions.
The Western Cape Department of Health has embarked on an HIV Counselling and Testing Campaign (HCT) which will encourage people to know their status.
The key components of the campaign prioritise actions to prevent transmission of HIV and the treatment and care of citizens affected.
The intension is to mobilise all people to know their status, by engaging all public and private partners to join hands and reach set targets. The agreed target for the Western Cape is 1 100 000 individuals aged 12 years and older who are sexually active.
<fn>GOV-ZA.3060En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.3061En.2012-02-10.en.txt</fn>
FIFA and Control Room, a leading producer of global music events, today announced the final line-up of African and South African artists for the inaugural FIFA World Cupâ Kick-Off Celebration Concert.
<fn>GOV-ZA.3062010En.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20199&tid=37977 Size: 2KB Speaker: L Johnson Collection: speeches_cm?
>North West MEC for Human Settlements, Public Safety& Liaison, Ms Desbo Mohono and the Mayor of Moses Kotane Local Municipality, Cllr Fetsang Mokate-Thebe are to lead a team of volunteers mobilised to render active community service at a rural housing development project site as part of celebrating former President Nelson Mandela s 93rd birthday and 67 years of community service.
The MEC for Health in KwaZulu-Natal, Dr. Sibongiseni Dhlomo, will observe the Nelson Mandela International Day, 18 July by giving wheelchairs to disabled children in Empangeni and Melmoth as well as spend time working at a tuberculosis (TB) special hospital in the south of Durban.
MEC Marawu will spend 67 minutes of uninterrupted service delivery doing plumbing, minor repairs and fixing access roads leading to the secondary school.
<fn>GOV-ZA.3065421En.2012-02-10.en.txt</fn>
To amend the Companies Act, 2008, so as to effect certain legal-technical and grammatical amendments in order to ensure the proper application and administration of the principal Act subsequent to its commencement; to correct certain errors resulting in inconsistency and ambiguity in the principal Act; to establish a proper foundation for certain necessary regulations; to continue the mechanisms established under section 335 of the Companies Act, 1973, which allow for the transfer of registration of foreign companies to the jurisdiction of the Republic; and to provide for matters connected therewith.
Part 1 5 1.
Amendment of section 4 of Act 71 of 2008 3.
Amendment of section 6 of Act 71 of 2008 5.
Amendment of section 24 of Act 71 of 2008 18. Amendment of section 29 of Act 71 of 2008 21. Amendment of section 33 of Act 71 of 2008 24. Amendment of section 38 of Act 71 of 2008 27. Amendment of section 44 of Act 71 of 2008 28. Amendment of section 45 of Act 71 of 2008 29. Amendment of section 48 of Act 71 of 2008 30. Amendment of section 49 of Act 71 of 2008 31. Amendment of section 50 of Act 71 of 2008 32. Amendment of section 53 of Act 71 of 2008 33. Amendment of section 56 of Act 71 of 2008 34. Amendment of section 57 of Act 71 of 2008 35. Amendment of section 58 of Act 71 of 2008 36. Amendment of section 61 of Act 71 of 2008 37. Amendment of section 62 of Act 71 of 2008 38. Amendment of section 63 of Act 71 of 2008 39. Amendment of section 64 of Act 71 of 2008 40. Amendment of section 65 of Act 71 of 2008 41. Amendment of section 66 of Act 71 of 2008 42. Amendment of section 68 of Act 71 of 2008 43. Amendment of section 69 of Act 71 of 2008 44. Amendment of section 72 of Act 71 of 2008 45. Amendment of section 75 of Act 71 of 2008 46. Amendment of section 77 of Act 71 of 2008 47. Amendment of section 78 of Act 71 of 2008 48. Amendment of section 82 of Act 71 of 2008 49.
Amendment of section 84 of Act 71 of 2008 51. Substitution of section 86 of Act 71 of 2008 52. Amendment of section 90 of Act 71 of 2008 53. Amendment of section 91 of Act 71 of 2008 54.
Amendment of section 95 of Act 71 of 2008 56. Amendment of section 97 of Act 71 of 2008 57. Amendment of section 98 of Act 71 of 2008 58. Amendment of section 100 of Act 71 of 2008 59. Amendment of section 101 of Act 71 of 2008 60. Amendment of section 102 of Act 71 of 2008 61. Amendment of section 104 of Act 71 of 2008 62. Amendment of section 105 of Act 71 of 2008 63. Amendment of section 108 of Act 71 of 2008 64.
Amendment of section 112 of Act 71 of 2008 66. Amendment of section 114 of Act 71 of 2008 67. Amendment of section 115 of Act 71 of 2008 68. Amendment of section 116 of Act 71 of 2008 69. Amendment of section 118 of Act 71 of 2008 70. Amendment of section 119 of Act 71 of 2008 71. Amendment of section 121 of Act 71 of 2008 72. Amendment of section 122 of Act 71 of 2008 73. Amendment of section 123 of Act 71 of 2008 74. Amendment of section 124 of Act 71 of 2008 75.
Amendment of Title of Part A of Chapter 6 of Act 71 of 2008 77. Amendment of section 128 of Act 71 of 2008 78. Amendment of section 129 of Act 71 of 2008 79. Amendment of section 132 of Act 71 of 2008 80. Amendment of section 133 of Act 71 of 2008 81. Amendment of section 134 of Act 71 of 2008 82. Amendment of section 135 of Act 71 of 2008 83. Amendment of section 136 of Act 71 of 2008 84. Substitution for section 138 of Act 71 of 2008 85. Amendment of section 139 of Act 71 of 2008 86. Amendment of section 142 of Act 71 of 2008 87. Amendment of section 143 of Act 71 of 2008 88. Amendment of section 144 of Act 71 of 2008 89. Amendment of section 151 of Act 71 of 2008 90. Amendment of section 152 of Act 71 of 2008 91.
Amendment of section 159 of Act 71 of 2008 93. Amendment of section 160 of Act 71 of 2008 94. Amendment of section 161 of Act 71 of 2008 95. Amendment of section 162 of Act 71 of 2008 96. Amendment of section 163 of Act 71 of 2008 97. Amendment of section 164 of Act 71 of 2008 98. Amendment of section 165 of Act 71 of 2008 99. Amendment of section 166 of Act 71 of 2008 100. Amendment of section 168 of Act 71 of 2008 101. Amendment of section 171 of Act 71 of 2008 102. Amendment of section 172 of Act 71 of 2008 103.
Amendment of section 191 of Act 71 of 2008 105. Amendment of section 194 of Act 71 of 2008 106. Amendment of section 195 of Act 71 of 2008 107. Amendment of section 200 of Act 71 of 2008 108. Amendment of section 202 of Act 71 of 2008 109.
Amendment of section 203 of Act 71 of 2008 110.
Amendment of section 212 of Act 71 of 2008 112.
by the substitution for the deï¬nition of ''member'' of the following a close corporation, has the meaning set out in section 1 of the Close Corporations Act, 1984 (Act No.
by the substitution for the deï¬nition of ''securities'' of the following deï¬nition: '''securities' [has the meaning set out in section 1 of the Securities Services Act, 2004 (Act No.
''(a) [falls within the meaning of 'state-owned enterprise' in terms] is listed as a public entity in Schedule 2 or 3 of the Public Finance Management Act, 1999 (Act No. 1 of 1999); or''.
''(c) unless the Memorandum of Incorporation of the company provides otherwise, [a person] when applying the test in respect of a distribution contemplated in paragraph (a) of the deï¬nition of 'distribution' in section 1, a person is not to [be regarded] include as a liability any amount that would be required, if the company were to be liquidated at the time of the distribution, to satisfy the preferential rights upon liquidation of shareholders whose preferential rights upon liquidation are superior to the preferential rights upon liquidation of those receiving the distribution.''.
Amendment of section 5 of Act 71 of 2008 3.
the provisions of both this Act and the listing requirements apply concurrently, to the extent that it is possible to apply and comply with one of the inconsistent provisions without contravening the second; and to the extent that it is impossible to apply and comply with one of the inconsistent provisions without contravening the second, the provisions of this Act prevail, except to the extent that this Act expressly provides otherwise.''.
''(7) An unaltered electronically or mechanically generated reproduction of any document, other than a share certiï¬cate, may be substituted for the original for any purpose for which the original could be used in terms of this Act, if that reproduction satisï¬es any applicable prescribed requirements as to the form or manner of reproduction.'
regulations contemplated in section 30(7). [(d)] (e) Chapter 4 - Public offerings of company securities.
[(f)] (g) Sections 146(d), and 152(3)(c) - Rights of shareholders to approve a business rescue plan, except to the extent that the non-proï¬t company is itself a shareholder of a proï¬t company that is engaged in business rescue proceedings.
a name registered for the use of a person, other than the company itself or a person controlling the company, as a defensive name in terms of section 12(9), or as a business name in terms of the Business Names Act, 1960 (Act No.
a registered trade mark belonging to a person other than the company, or a mark in respect of which an application has been ï¬led in the Republic for registration as a trade mark or a well-known trademark as contemplated in section 35 of the Trade Marks Act, 1993 (Act No.
''(ii) The expression ''Proprietary Limited'' or its abbreviation, ''[(Pty) Ltd] Pty'', in the case of a private company.'
''(10) The registration of a defensive name may be transferred to another person by notice in the prescribed manner and form and upon payment of the prescribed fee.''.
''(5) Subject to subsections (6) and (7), a foreign company may apply in the prescribed manner and form, accompanied by the prescribed application fee, to transfer its registration to the Republic from the foreign jurisdiction in which it is registered, and thereafter exists as a company in terms of this Act as if it had been originally so incorporated and registered.
''(5A) Any failure to ratify the rules of a company does not affect the validity of anything done in terms of those rules during the period that they had an interim effect as provided in subsection (4)(c)(i).'
the date, if any, set out in the Notice of Amendment.'
''(4) One or more shareholders, directors or prescribed officers of a company, or a trade union representing employees of the company, may [take proceedings] apply to the High Court for an appropriate order to restrain the company from doing anything inconsistent with this Act.'
declare that the company is to be deemed not to be a juristic person in respect of any right, obligation or liability of the company or of a shareholder of the company or, in the case of a non-proï¬t company, a member of the company, or of another person speciï¬ed in the declaration; and make any further order the court considers appropriate to give effect to a declaration contemplated in paragraph (a).''.
is a party to one or more employment contracts within the Republic; or subject to subsection (2A), is engaging in a course of conduct, or has engaged in a course or pattern of activities within the Republic over a period of at least six months, such as would lead a person to reasonably conclude that the company intended to continually engage in business or non-proï¬t activities within the Republic.
a securities register or its equivalent, as required by section 50, in the case of a proï¬t company, or a member's register in the case of a non-proï¬t company that has members; and the records required in terms of section 85, if that section applies to the company.''.
in accordance with the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).'
to otherwise impede, interfere with, or attempt to frustrate, the reasonable exercise by any person of the rights set out in this section or section 31.''.
''(i) [do not] fail in a material way to comply with the requirements of subsection (1); or''.
''(2A) Except to the extent required by any other law or agreement, a private company is exempt from the requirements in this section to have its annual ï¬nancial statements audited or independently reviewed, and from the requirements of subsection (3)(d), if every person who is a holder of, or has a beneï¬cial interest in, any securities issued by the company is also a director of the company.'
''(8) Despite section 1 of the Auditing Profession Act, an independent review of a company's annual ï¬nancial statements required by this section does not constitute an audit within the meaning of that Act.''.
Section 32 of the principal Act is hereby amended by the deletion of subsection (6).
''(1) All of the shares of any particular class authorised by a company have preferences, rights, limitations and other terms that are identical to those of other shares of the same class [, except to the extent that the company's Memorandum of Incorporation provides otherwise].'
acquires the rights associated with any particular securities of a company when that person's name is entered in the company's securities register as a person to whom those securities have been issued or transferred; and ceases to have the rights associated with any particular securities of a company when the transfer to another person, re-acquisition by the company, or surrender to the company of those securities has been entered in the company's securities register.''.
Amendment of section 38 of Act 71 of 2008 24.
''(2) [To] Except to the extent that the Memorandum of Incorporation of a company provides otherwise, the board may authorise the company to provide ï¬nancial assistance by way of a loan, guarantee, the provision of security or otherwise to any person for the purpose of, or in connection with, the subscription of any option, or any securities, issued or to be issued by the company or a related or inter-related company, or for the purchase of any securities of the company or a related or inter-related company, subject to subsections (3) and (4).''; and by the substitution in subsection (6) for the words preceding paragraph (a) of the following words: ''If a resolution or an agreement [has been declared] is void in terms of subsection (5) [read with section 218(1),] a director of the company is liable to the extent set out in section 77(3)(e)(iv) if the director-''.
Amendment of section 45 of Act 71 of 2008 28.
by the substitution in subsection (7) for the words preceding paragraph (a) of the following words: ''If a resolution or agreement [has been declared] is void in terms of subsection (6) [read with section 218(1),] a director of the company is liable to the extent set out in section 77(3)(e)(v) if the director-''.
Amendment of section 48 of Act 71 of 2008 29.
must be approved by a special resolution of the shareholders of the company if any shares are to be acquired by the company from a director or prescribed officer of the company, or a person related to a director or prescribed officer of the company; and is subject to the requirements of sections 114 and 115 if, considered alone, or together with other transactions in an integrated series of transactions, it involves the acquisition by the company of more than 5% of the issued shares of any particular class of the company's shares.''.
''(5) A court may not order the name of a transferee contemplated in this section to be removed from [a] an uncertiï¬cated securities register, unless that person was a party to or had knowledge of a fraud or illegality as contemplated in subsection (4).''.
''(b) the identity of each person with a beneï¬cial interest in the securities so held, the number and class of securities held for each such person with a beneï¬cial interest, and the extent of each such beneï¬cial interest.'
by the insertion after subsection (7) of the following subsections: ''(8) Subsections (9) to (11) do not apply in respect of securities that are subject to the rules of a central securities depository.
''(1) In this Part, 'shareholder' [means] has the meaning set out in section 1, but also includes a person who is entitled to exercise any voting rights in relation to a company, irrespective of the form, title or nature of the securities to which those voting rights are attached.'
''(7) For greater certainty, this section applies to the exercise of authority within a company in respect of any matter arising in terms of this Act or a company's Memorandum of Incorporation, irrespective of whether any such particular matter is expressly addressed in this Part.''.
''(a) a shareholder of that company may appoint two or more persons concurrently as proxies, and may appoint more than one proxy to exercise voting rights attached to different securities held by the shareholder;''.
Amendment of section 61 of Act 71 of 2008 36.
is present at the meeting; and votes to waive the required minimum notice of the meeting.'
waive notice of the meeting; or in the case of a material defect in the manner and form of giving notice, ratify the defective notice.'
''(4) [Any person present and entitled to exercise voting rights must on a show of hands have only one vote, irrespective of the number of shares he or she holds or represents] At a meeting of shareholders, voting may either be by show of hands, or by polling.
[On a poll at any meeting of a company, any member including his or her proxy, must be entitled to exercise all the voting rights attached to the shares held or represented by that person] If voting is by show of hands, any person who is present at the meeting, whether as a shareholder or as proxy for a shareholder and entitled to exercise voting rights has one vote, irrespective of the number of voting rights that person would otherwise be entitled to exercise.'
''(6) If voting on a particular matter is by polling, any person who is present at the meeting, whether as a shareholder or as proxy for a shareholder, has the number of votes determined in accordance with the voting rights associated with the securities held by that shareholder.
at least ï¬ve persons having the right to vote on that matter, either as a shareholder or a proxy representing a shareholder; or a person who is, or persons who together are, entitled, as a shareholder or proxy representing a shareholder, to exercise at least 10% of the voting rights entitled to be voted on that matter.''.
Amendment of section 64 of Act 71 of 2008 39.
by the substitution in subsections (8) and (10) for the closing phrase of the following: ''provided that there must at all times be a margin of at least 10 percentage points between the [requirements] highest established requirement for approval of an ordinary resolution on any matter, and the lowest established requirement for approval of a special resolution [,] on any matter.'
''(1) Subject to subsection (3), each director of a proï¬t company, other than the ï¬rst director or a director contemplated in section 66(4)(a)(i) or (ii), must be elected by the persons entitled to exercise voting rights in such an election, to serve for an indeï¬nite term, or for a term as set out in the Memorandum of Incorporation.'
''(3) Unless the Memorandum of Incorporation of a proï¬t company provides otherwise, the board may appoint a person who satisï¬es the requirements for election as a director to ï¬ll any vacancy and serve as a director of the company on a temporary basis until the vacancy has been ï¬lled by election in terms of subsection (2), and during that period any person so appointed has all of the powers, functions and duties, and is subject to all of the liabilities, of any other director of the company.''.
rules governing the composition and conduct of social and ethics committees.'
''related person'', when used in reference to a director, has the meaning set out in section 1, but also includes a second company of which the director or a related person is also a director, or a close corporation of which the director or a related person is a member.'
has been declared to be valid by a court in terms of subsection (8).
Amendment of section 78 of Act 71 of 2008 47.
''(3) [A] Subject to subsection (3A), a company may not directly or indirectly pay any ï¬ne that may be imposed on a director of the company, or on a director of a related company, [who has been] as a consequence of that director having been convicted of an offence in terms of any national legislation.'
a single individual is the sole shareholder and sole director of that company; or two or more related individuals are the only shareholders of that company, and there are no directors of the company other than one or more of those individuals.'
the shareholders have adopted a special resolution approving such an application and transfer of registration; and the company has satisï¬ed the prescribed requirements for doing so.
''(1) A company is dissolved as of the date its name is removed from the companies register unless the reason for the removal is that the company's registration has been transferred to a foreign jurisdiction, as contemplated in section 82(5).''.
if the company is required by this Act or the regulations to have its annual ï¬nancial statements audited every year; or otherwise, only to the extent that the company's Memorandum of Incorporation so requires, as contemplated in section 34(2).'
''If the board of a [public company or state-owned] company fails to make an appointment [contemplated in subsection (4) in accordance with] as required by this Part-''.
in accordance with subsection (1), if the requirement to have its annual ï¬nancial statements audited applies to that company when it is incorporated; or at the annual general meeting at which the requirement ï¬rst applies to the company, and each annual general meeting thereafter.''.
''(6) Section 89, read with the changes required by the context, applies with respect to an auditor of a company, but a reference in that section to ''company secretary'' must be regarded as referring to the company's auditor.''.
Amendment of section 94 of Act 71 of 2008 54.
''(9) Nothing in this section precludes the appointment by a [public] company at its annual general meeting of an auditor other than one nominated by the audit committee, but if such an auditor is appointed, the appointment is valid only if the audit committee is satisï¬ed that the proposed auditor is independent of the company.''.
a member; or [(bb)](ii) with [whom] which the ï¬rst company proposes to be amalgamated or to merge[; or] [(cc) into which the ï¬rst company proposes to be amalgamated].'
Amendment of section 97 of Act 71 of 2008 56.
Amendment of section 98 of Act 71 of 2008 57.
''(c) the court, on an application in terms of paragraph (b)(ii), may make any order that is just and equitable in the circumstances [,] including, but not limited to, an order-''.
Amendment of section 101 of Act 71 of 2008 59.
by the substitution in subsection (2) for paragraph (b) of the following paragraph: ''(b) [to] the use of that person's name in the prospectus.''.
[(ii)] (b) to indemnify any person against liability under section 104(6).''.
every director of the company concerned and, if the offeror is a company, every director of that company, is liable to the extent set out in section 77(3)(e)(vii), if the allotment or acceptance is declared void under paragraph (a).''.
Amendment of section 112 of Act 71 of 2008 65.
''(4) Any part of the undertaking or assets of a company to be disposed of, as contemplated in this section, must be given its fair market value, as calculated in the prescribed manner, as at the date of the proposal, [in accordance with the ï¬nancial reporting standards] which date must be determined in the prescribed manner.
A resolution contemplated in subsection (2)(a) is effective only to the extent that it authorises [or ratiï¬es] a speciï¬c transaction.''.
Amendment of section 114 of Act 71 of 2008 66.
''(4) Section 48 applies to a proposed arrangement contemplated in this section to the extent that the arrangement would result in any re-acquisition by a company of any of its previously issued securities.''.
the Panel has issued a compliance certiï¬cate in respect of the transaction, in terms of section 119(4)(b), or exempted the transaction in terms of section 119(6).'
''(4A) In subsection (4), 'act in concert' has the meaning set out in section 117(1)(b).'
''(i) the percentage of the issued securities of that company that have been transferred, other than by transfer between or among related or [interrelated] inter-related persons, within the period of 24 months immediately before the date of a particular affected transaction or offer exceeds the percentage prescribed in terms of subsection (2); or''.
Amendment of section 119 of Act 71 of 2008 70.
''To the extent necessary to ensure compliance with this Part, Part C and the Takeover Regulations, and to fulï¬l the purposes contemplated in subsection (1), a compliance [order] notice contemplated in subsection (4)[(b)](c) may, among other things-''.
Amendment of section 121 of Act 71 of 2008 71.
''(i) issued a [clearance notice] compliance certiï¬cate with respect to the transaction; or''.
''The requirements set out in subsection (1) apply to a person irrespective of whether-''.
Amendment of section 123 of Act 71 of 2008 73.
''Within one business day after the date of [a completed] an acquisition contemplated in subsection (2), the person or persons in whom the prescribed percentage, or more, of the voting [securities] rights beneï¬cially vests must give notice in the prescribed manner to the holders of the remaining securities, including in that notice-''.
Amendment of section 124 of Act 71 of 2008 74.
''(6) An instrument of transfer contemplated in subsection (5) is not required for any securities for which a [securities] share warrant is for the time being outstanding.''.
[that] a person acting alone, or two or more persons acting in concert, make an offer for any securities of a regulated company that has more than one class of issued securities, which, if accepted, could result in [the] a person, [together with any] or a number of related or inter-related [person or person acting in concert with any of them,] persons holding securities of the company entitling the person or persons to exercise more than the prescribed percentage of the general voting rights [of] associated with all issued securities of the company, that person or those persons acting in concert must make a comparable offer [must be made for] to acquire securities of each class of issued securities of that company.'
include a speciï¬c statement setting out the extent to which the person or persons referred to above will be free to acquire further securities in the company without making a general offer, if the offer succeeds to the extent contemplated above.''.
''(2) For the purpose of subsection (1)[(f)](g), an employee of a company is not related to that company solely as a result of being a member of a trade union that holds [shares] securities of that company.''.
Amendment of section 129 of Act 71 of 2008 78.
''(7) If the board of a company has reasonable grounds to believe that the company is ï¬nancially distressed, but the board has not adopted a resolution contemplated in this section, the board must deliver a written notice to each affected person, setting out the criteria referred to in section 128(1)[(e)](f) that are applicable to the company, and its reasons for not adopting a resolution contemplated in this section.''.
''(c) a court makes an order placing a company under supervision during the course of liquidation proceedings, or proceedings to enforce a security interest, as contemplated in section 131(7) [a court makes an order placing a company under supervision].''.
Amendment of section 133 of Act 71 of 2008 80.
''(c) as a set-off against any claim made by the company in any legal proceedings, irrespective of whether those proceedings commenced before or after the business rescue proceedings began;''.
''(c) despite any provision of an agreement to the contrary, no person may exercise any right in respect of any property in the lawful possession of the company, irrespective of whether the property is owned by the company, except to the extent that the practitioner consents in writing.''.
Amendment of section 135 of Act 71 of 2008 82.
Amendment of section 136 of Act 71 of 2008 83.
apply urgently to a court to entirely, partially or conditionally cancel, on any terms that are just and reasonable in the circumstances, any agreement to which the company is a party.''; and an agreement to which section 35A or 35B of the Insolvency Act, 1936 (Act No.
any court, arbitration or administrative proceedings, including pending enforcement proceedings, involving the company;''.
Amendment of section 143 of Act 71 of 2008 87.
''(b) [that] the remuneration provided for in the agreement is egregiously unreasonable having regard to the ï¬nancial circumstances of the company.''.
Amendment of section 144 of Act 71 of 2008 88.
''(f) vote with creditors on a motion to approve a proposed business plan, to the extent that the employee is a creditor, as contemplated in subsection [(1)](2); and''.
Amendment of section 151 of Act 71 of 2008 89.
''(1) [The] Within 10 business days after publishing a business rescue plan in terms of section 150, the practitioner must convene and preside over a meeting of creditors and any other holders of a voting interest, called for the purpose of considering the [proposed rescue] plan [within 10 business days after the publication of that plan in terms of section 150].''.
Amendment of section 152 of Act 71 of 2008 90.
''(b) if the business rescue plan was approved by the shareholders of the company, as contemplated in subsection (3)(c), the practitioner may amend the company's Memorandum of Incorporation to authorise, and determine the preferences, rights, limitations and other terms of, any securities that are not otherwise authorised, but are contemplated to be issued in terms of the business rescue plan, despite any provision of section 16, 36 or 37 to the contrary.''.
Amendment of section 153 of Act 71 of 2008 91.
Amendment of section 159 of Act 71 of 2008 92.
''A public company [and] or a state-owned company must directly or indirectly-''.
Amendment of section 160 of Act 71 of 2008 93.
''(i) the person has been a director of more than one company, or a managing member of more than one close corporation, irrespective of whether concurrently, sequentially or at unrelated times; and''.
Section 163 of the principal Act is hereby amended by the deletion of subsection (4).
''(c) the company, by a subsequent special resolution, revokes the adopted resolution that gave rise to the shareholder's rights under this section.'
that shareholder must comply with the requirements of subsection 13(a); and the company must comply with the requirements of subsection 13(b).'
Amendment of section 168 of Act 71 of 2008 100.
alleging that a person has acted in a manner inconsistent with this Act, or that the complainant's rights under this Act, or under a company's Memorandum of Incorporation or rules, have been infringed.''.
[(ii)] (b) the provision of this Act that has been contravened; [(iii)] (c) details of the nature and extent of the non-compliance; [(iv)] (d) any steps that are required to be taken and the period within which those steps must be taken; and [(v)] (e) any penalty that may be imposed in terms of this Act if those steps are not taken.'
but may not do both in respect of any particular compliance notice.''.
Amendment of section 172 of Act 71 of 2008 102.
Amendment of section 175 of Act 71 of 2008 103.
''(f) the degree to which the respondent has co-operated with the Commission or Panel, as the case may be, and [a] the court; and''.
Amendment of section 200 of Act 71 of 2008 107.
on terms and conditions determined by the Panel.'
each member of the Panel, and each member of the Takeover Special Committee.''.
Amendment of section 202 of Act 71 of 2008 108.
each of whom must be designated from time to time by the Panel from among those of its members appointed by the Minister in terms of section 197(1)(d).''.
a prospectus, or a written statement contemplated in section 101, that containedan 'untrue statement'as deï¬ned and described in section 95.'
''(1) Nothing in this Act renders void an agreement, resolution or provision of an agreement, resolution, Memorandum of Incorporation or rules of a company that is prohibited, [void,] voidable or that may be declared unlawful in terms of this Act, unless a court [declares] has made a declaration to that effect regarding that agreement, resolution or provision [to be void].''.
by the substitution in sub-item (4)(b) for the expression ''external non-proï¬t companies'' of the expression ''registered external non-proï¬t companies''.
[either a new] a Memorandum of Incorporation [, or an amendment to the company's Memorandum of Incorporation] consistent with the requirements of this Act [, in either case]; and the prescribed ï¬ling fee.''.
Amendment of Schedule 3 to Act 71 of 2008 116.
whose name, immediately before the effective date, satisï¬ed the requirements of section 49 of the previous Act is not required to change its name to comply with section 11(3)(c) solely on the ground that any part of its name was in an official language other than English; and may continue to use a translated name that, immediately before the effective date, was registered and otherwise met the requirements of section 50(2) of the previous Act.
Despite the repeal of the previous Act, section 49(5) to (7) of the previous Act continues to apply to a pre-existing company that was, immediately before the effective date, engaged in any circumstances contemplated in those provisions.
inconsistent with this Act; but consistent with [that company's Memorandum of Incorporation] a provision that prevails over this Act in terms of paragraph (a).''.
''(3) A document that, before the effective date, had been served or ï¬led in accordance with the previous Act must be regarded as having been satisfactorily served or ï¬led for any comparable purpose of this Act.''.
by the substitution in sub-item (4) for the expression ''subitem (2)'' of the expression ''sub-items (1) and (2)''; and by the substitution in sub-item (5) for the expression ''subitems (2) and (3)'' of the expression ''sub-items (1) to (3)''.
This Act is called the Companies Amendment Act, 2010, and comes into operation on the date on which the principal Act comes into operation in terms of section 225 of that Act.
1.3 Development of regulations started in July 2009 and the ï¬rst draft for public comment was published in December 2009. Targeted consultations took place with various stakeholders in order to enrich the regulations. During such consultation process, it became apparent that there were sections containing technical errors, incorrect referencing, omissions and grammatical errors.
1.4 Furthermore, it became apparent that some of the regulations would be ultra vires for lack of empowering provisions in the Act empowering the Minister to issue them in order to achieve the objectives of the Act.
1.5 As a result of the aforementioned, some of the policies and principles of the Act are adversely affected. In addition, some of the policies are expressed in language that creates undesirable doubt about the intent, and an equally undesirable degree of uncertainty as to their meaning and effect.
1.6 Considering the nature of the errors, it is probable that in its present form, the Companies Act, 2008, will result in doubt and uncertainty that could lead to litigation. That uncertainty, and the cost of resolving it through costly legal disputes, may act as a drag on the South African economy in a manner fundamentally inimical to the goals of the Act itself.
The Bill seeks to correct errors and ambiguities that could adversely affect the operation of the principal Act. These errors could lead to unintended consequences contrary to policy or may result in uncertainty.
The deï¬nitions clariï¬ed and inserted include the following: ''accounting records'', ''acquiring party'', ''asset'', ''creditor'', ''holding company'', ''inter-related'', ''liability'', ''Memorandum of Incorporation'', ''securities'' and ''special resolution''.
Following intensive debate, it was decided that the ''severity'' of impact of non-inclusion of domestication should be looked at. An investigation at the number of domestication of foreign companies at CIPRO revealed that only 10 or less companies are domesticated per year. Even if the number of domestication per year is very low, the risk that it poses to potential investors in the country is very high.
Section 23 of the principal Act provides for the registration of external companies. Submissions made were that in its current form, it may potentially scare international investors. It compels external companies who are not involved in business activities within the country to register as companies when involved in listed activities in the Act.
It was argued that section 23(6) provides that an external company can still be involved in those listed activities but the Commission may from the commencement of that activity, and give such external company an opportunity to explain why it should not register as a company.
It was nevertheless agreed that section 23 could be improved. In terms of clause 14 of the Bill, an external company must be regarded as conducting business if it is engaged in the activities listed therein, including being a party to employment contracts within the Republic.
Section 38 of the principal Act is being amended so as to ensure certainty by providing a time limit of 60 days within which issuance of shares may be retroactively authorised.
Clause 24 of the Bill proposes that if a company issues shares, such issuance may be retroactively authorised within 60 days after the date on which they were issued.
Section 48(2) of the principal Act provides that a company may acquire its own shares if the decision to do so satisï¬es the requirements of section 46 of the principal Act.
The principal Act does not provide a mechanism through which such a decision could be subjected to a scrutiny by shareholders. It also creates an opportunity for evasion and is not in harmony with sections 46 and 114.
Clause 29 of the Bill proposes that a decision of the company to acquire a number of its shares must be approved by a special resolution of shareholders if any such shares are to be acquired from a director, officer or a person related to a director or such officer of the company.
Section 82 of the principal Act makes provision for the dissolution of companies and their removal from register. No criteria and procedural requirements that must be met by the company before deregistration were outlined in the principal Act. Such criteria and procedural requirements must be prescribed by the Minister. The principal Act did not, however, give the Minister such powers.
The Bill therefore seeks to insert the powers of the Minister to prescribe criteria and procedural requirements that must be satisï¬ed by a company before it may be de-registered.
Section 95 of the principal Act seeks to regulate public offerings of Company Securities. It intends to regulate and prescribe the general and speciï¬c requirements in respect of the form, content of rights offers, letters of allocation and prospectuses. It does not, however, make provision as to how the regulation of the public offerings of company securities shall be effected. In this regard, it was decided that a provision giving the power to regulate public offerings of company's securities must be inserted.
Section 136(2) of the principal Act gives a business rescue practitioner powers to cancel or suspend agreements to which the company is a party at the commencement of the business rescue proceedings.
Certain stakeholders raised concern about these powers. It was submitted that the business rescue practitioner has an unfettered discretion in the cancellation of contracts. It was therefore agreed that during business rescue proceedings, the business rescue practitioner must submit to court all contracts, including security contracts that he or she intends to cancel for conï¬rmation of his or her intentions.
Clause 83 of the Bill proposes a mechanism to subject powers of a business rescue practitioner to judicial scrutiny. It proposes that during business rescue proceedings, a business rescue practitioner must approach the court by way of an application for the cancellation or otherwise of any agreement. It seeks to prevent arbitrary cancellation of security or retroactive repudiation of contracts.
Section 138 of the principal Act provides that a person may be appointed as practitioner if conditions listed in the section are satisï¬ed.
Clause 84 of the Bill seeks to establish a regulatory authority. Regulation of business rescue practitioners should not be left to associations for self-regulation. Regulation of business rescue practitioners should therefore be vested in an organ of state.
The Companies and Intellectual Property Commission will therefore be a suitable organ entrusted with the regulation of business rescue practitioners. It also allows the Minister to make regulations regulating standards and procedures to be followed by the Commission in carrying out its licensing functions.
Section 214 of the principal Act creates offences for false statements, reckless conduct and conduct which result in non-compliance with the Act. Section 99 of the principal Act prohibits certain conduct but did not prescribe or create an offence in case where a person engages in such prohibited conduct.
The Bill seeks to create an offence where a person engages in activities prohibited by section 99 of the principal Act.
Section 218 of the principal Act provides that nothing in the Act renders an agreement, resolution or provision thereof that is prohibited void or voidable unless a court declares it void.
This approach seems to be impracticable and create an uncertainty as to what is void and what is voidable. It will therefore be necessary to clarify the intention behind this provision.
Clause 113 of the Bill seeks to clarify rules distinguishing void and avoidable provisions, resolution or agreement. In terms of the Bill a provision will be void or of no force or effect only after a court of law has so ordered.
Similarly, a provision will be voidable or subject to being declared void only after the court of law has so ordered.
Schedule 5: item 13(c) of the principal Act provides that despite the repeal of the previous Act, the Commission may for a period of three years after the effective date exercise any power of the Minister.
This schedule did not provide for the exercise of powers of the Minister under the previous Act.
Clause 118 of the Bill seeks to give powers, that the previous Act gave to the Minister, to the Commissioner. This facilitates proper enforcement of conduct and activities that occurred before the repeal of the previous Act.
The Bill has been published in the Gazette for public comment and further consultations took place with stakeholders on various matters that they raised.
Department of National Treasury, Department of Public Enterprises, Rand Water Board, Business Unity South Africa (BUSA) and its affiliates, COSATU on Chapter 6 and section 23, Banking Association of South Africa (BASA), De Loitte and Touche, Webber Wentzel, University of Cape Town, University of Stellenbosch, Davis team, King Committee on Governance, Integritas, SAICA, Ernst & Young and individual (Johan Erasmus) in the employ of De Loitte and Touche and some of stakeholders that commented on the Companies Regulations, 2010. The Standing Advisory Committee in Company Law (SACCL) has submitted comments on a rectiï¬cation process too and their comments were taken into account.
6.1 The State Law Advisers and the Department of Trade and Industry are of the opinion that the Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in sections 74 or 76 of the Constitution applies.
<fn>GOV-ZA.3065431En.2012-02-10.en.txt</fn>
Act, 1998, so as to amend a deï¬nition and insert new deï¬nitions; to provide for a new medical parole system; to clarify certain provisions relating to parole; to provide for the management and detention of remand detainees; and to provide for matters connected therewith.
2001 and section 1 of Act 25 of 2008 1.
Mental Health Care Act, 2002 (Act No.
'remand detention facility' means a place established under this Act as a place for the reception, detention or conï¬nement of a person liable to 30 detention in custody, and all land, branches, outstations, camps, buildings, premises or places to which any such persons have been sent for the purpose of detention, protection, treatment or otherwise, and all quarters used by correctional officials in connection with any such remand detention facility, and for the purpose of sections 115 and 117 includes every place used as a police cell or lock-up; 'remand detention official' means an employee of the Department appointed under section 3(4) at a remand detention facility or transferred to a remand detention facility;''.
Amendment of section 3 of Act 111 of 1998, as amended by section 2 of Act 32 of 2001 2.
manage remand detainees.''.
Amendment of section of 5 of Act 111 of 1998, as amended by section 4 of Act 32 of 2001 and section 4 of Act 25 of 2008 3.
''(2) (a) Any correctional centre or remand detention facility established under subsection (1) may serve one or more districts as circumstances may require, and for the purposes of any law relating to magistrates' courts any correctional centre or remand detention facility established to serve more than one district is deemed to be the correctional centre or remand detention facility of each district served by that correctional centre or remand detention facility.
If there is no correctional centre or remand detention facility in a district an inmate may be detained in a police cell but not for a period longer than a month unless a longer period is authorised by the National Commissioner.''.
Amendment of section 10 of Act 111 of 1998 4. Section 10 of the principal Act is hereby amended by the deletion of subsection (2).
Amendment of section 17 of Act 111 of 1998, as amended by section 3 of Act 25 of 2008 5.
''(4) [Persons awaiting trial or sentence] Remand detainees or unsentenced offenders must be provided with the opportunities and facilities to prepare their defence.''.
Amendment of section 38 of Act 111 of 1998, as amended by section 30 of Act 25 of 2008 6.
''(j) restorative justice requirements.''.
any determinate sentence of incarceration to be served by any person runs concurrently with a sentence of imprisonment to be served by such person in consequence of a person being declared a habitual criminal: Provided that where the determinate sentence is longer than 15 years or where such sentence is imposed after a person is declared a habitual criminal, the balance of such determinate sentence must be served after the term of 15 years has been completed.'
''(3) The date of expiry of any sentence of incarceration being served by a sentenced offender who escapes from lawful custody [extradited in terms of the Extradition Act, 1962 (Act No. 67 of 1962), and returns to the Republic], who absconds from the system of community corrections or who is unlawfully discharged is postponed by the period by which such sentence was interrupted.''.
Amendment of section 42 of Act 111 of 1998, as amended by section 22 of Act 32 of 2001 and substituted by section 34 of Act 25 of 2008 8.
such other matters as the Correctional Supervision and Parole Board may request; and''.
Substitution of Chapter V of Act 111 of 1998 9.
Remand detainees may be subjected only to those restrictions necessary for the maintenance of security and good order in the remand detention facility and must, where practicable, be allowed all the amenities to which they could have access outside the remand detention facility.
The amenities available to remand detainees may be restricted for disciplinary purposes, and may be prescribed by regulation.
The provisions of section 6 to 24 apply to a remand detainee with such changes as may be required by the context.
Subject to restrictions which may be prescribed by regulation, remand detainees may be allowed to have food and drink from their visitors in the remand detention facility.
Every remand detainee must wear a prescribed uniform which distinguishes him or her from a sentenced offender for the maintenance of security and good order in the remand detention facility.
Any person requesting information relating to the incarceration of a remand detainee, must use the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), to make such request.
Information and records, as prescribed by regulation, must be kept at the relevant detention facility for the periods as provided for in the Archives Act, 1996 (Act No. 43 of 1996).
49A. (1) Every remand detainee who on admission claims to be pregnant, must immediately be referred to a registered medical practitioner for a full medical examination in order to conï¬rm such pregnancy.
The National Commissioner must, within the Department's available resources, ensure that a unit is available for the accommodation of pregnant remand detainees.
The provisions of section 12 apply to pregnant remand detainees with such changes as may be required by the context.
Every pregnant remand detainee must be provided with an adequate diet to promote good health, as prescribed by regulation.
The provisions of section 20 apply to a pregnant remand detainee with such changes as may be required by the context.
49B. (1) If the National Commissioner considers it necessary, having regard to remand detainees' disability, the National Commissioner may detain disabled remand detainees separately in single or communal cells, depending on the availability of accommodation speciï¬cally designed for persons with disabilities.
The Department may provide, within its available resources, additional health care services, based on the principles of primary health care, in order to allow the remand detainee to lead a healthy life.
The Department must provide, within its available resources, additional psychological services, if recommended by a medical practitioner.
49C. (1) The National Commissioner may detain remand detainees over the age of 65 years in single or communal cells, depending on the availability of accommodation.
A registered medical practitioner may order a variation in the prescribed diet for an aged remand detainee and the intervals at which the food is served, when such a variation is required for medical reasons and is within the available resources of the Department.
49D. (1) The National Commissioner may detain a person suspected to be mentally ill in a single cell or hospital section for purposes of observation by a medical practitioner.
The Department must provide, within its available resources, adequate health care services for the prescribed care and treatment of the mentally ill remand detainee.
The Department may, as far as practicable, provide social and psychological services in order to support mentally ill remand detainees and promote their mental health.
there are appropriate arrangements for the remand detainee's supervision, care and treatment within the community to which the inmate is to be released, that Head may apply to the court concerned, in the manner set out in this section, for the release of such detainee.
contain a written certiï¬cate by the Director of Public Prosecutions concerned, or a prosecutor authorised thereto by him or her in writing, to the effect that the prosecuting authority does not oppose the application.
The remand detainee and his or her legal representative, if any, must be notiï¬ed of an application referred to in subsection (1).
The National Commissioner may, in consultation with the National Director of Public Prosecutions, issue directives regarding the procedure to be followed by a Head of a remand detention facility or correctional centre, as the case may be, and a Director of Public Prosecutions whenever it is necessary to bring an application contemplated in subsection (1).
Police Service for the purpose of further investigation into charges other than those charges for which he or she is detained, without authorisation by the National Commissioner.
for a period not exceeding seven days.
The National Commissioner of the South African Police Service having custody of the remand detainee may, on good cause shown, apply to the National Commissioner for an extension of the period referred to in subsection (2).
49G. (1) The period of incarceration of a remand detainee must not exceed two years from the initial date of admission into the remand detention facility without such matter having been brought to the attention of the court concerned in the manner set out in this section.
The Head of the remand detention facility must report to the relevant Director of Public Prosecutions at six-monthly intervals the cases of remand detainees in his or her facility that are being detained for a successive six-month period.
Any remand detainee whose detention will exceed the period stipulated in subsection (1) must be referred to the relevant court by the Head of the remand detention facility or correctional centre, as the case may be, to determine the further detention of such person or release under conditions appropriate to the case.
If, subsequent to the referral of the remand detainee to court as contemplated in subsection (3), the ï¬nalisation of his or her case is further delayed, the Head of the remand facility or correctional centre, as the case may be, must refer the matter back to the court on a yearly basis to determine the remand detainee's further detention or release under conditions appropriate to the case.
The National Commissioner may, in consultation with the National Director of Public Prosecutions, issue directives regarding the procedure to be followed by a Head of a remand detention facility or correctional centre, as the case may be, and a Director of Public Prosecutions whenever it is necessary to bring an application contemplated in subsection (3) or (4).''.
Amendment of section 54 of Act 111 of 1998 10.
''(2) The Minister, National Commissioner, Correctional Supervision and Parole Board, court or other body must decide on the duration of placement on day parole and must inform the Head of the Correctional Centre who must inform the sentenced offender concerned of that determination.''.
Amendment of section 70 of Act 111 of 1998, as amended by section 26 of Act 32 of 2001 and section 46 of Act 25 of 2008 11.
[or, if a Correctional Supervision and Parole Board under whose jurisdiction such person falls imposed the conditions of community corrections, before such Board];''.
Amendment of section 73 of Act 111 of 1998, as amended by section 27 of Act 32 of 2001 12.
[a prisoner] an offender sentenced to life [imprisonment] incarceration remains in [prison] a correctional centre for the rest of his or her life.
Any sick [prisoner] sentenced offender whose sentence has expired but whose release is certiï¬ed by the correctional medical [officer] practitioner to be likely to result in his or her death or impairment of his or her health or to be a source of infection to others, may be temporarily detained until his or her release is authorised by the correctional medical [officer] practitioner.
A sentenced [prisoner] offender must be released from [prison] a correctional centre and from any form of community corrections imposed in lieu of part of a sentence of [imprisonment] incarceration when the term of [imprisonment] incarceration imposed has expired.
In accordance with the provisions of this Chapter a [prisoner] sentenced offender may be placed under correctional supervision [or on], day parole [or on], parole or medical parole before the expiration of his or her term of [imprisonment] incarceration.
in the case of [a prisoner] an offender sentenced to life [imprisonment on day parole or on parole] incarceration, on a date to be determined by the [court] Minister.
Such placement is subject to the [prisoner] provisions of Chapter VI and such offender accepting the conditions for placement.
Subject to the provisions of paragraph (b), [a prisoner] a sentenced offender serving a determinate sentence or cumulative sentences of more than 24 months may not be placed on day parole or parole until such [prisoner] sentenced offender has served either the stipulated non-parole period, or if no non-parole period was stipulated, half of the sentence, but day parole or parole must be considered whenever a [prisoner] sentenced offender has served 25 years of a sentence or cumulative sentences.
Subject to the provisions of paragraph (b), an offender serving a determinate sentence or cumulative sentences of not more than 24 months may not be placed on parole or day parole until such offender has served either the stipulated non-parole period, or if no non-parole period was stipulated, a quarter of the sentence.
[(v) imprisonment contemplated in section 51 or 52 of the Criminal Law Amendment Act, 1997 (Act No.
any term of incarceration, excluding persons declared dangerous criminals in terms of section 286A of the Criminal Procedure Act, may be placed on day parole or parole on reaching the age of 65 years provided that he or she has served at least 15 years of such sentence.
A person who has been declared [an] a habitual criminal may be detained in a [prison] correctional centre for a period of 15 years and may not be placed on day parole or parole until after a period of at least seven years.
A person who has been declared a dangerous criminal in terms of section 286A of the Criminal Procedure Act, must be referred back to court in accordance with section 75(1)(b) of this Act, within seven days after the period as determined by the court, or 25 years, whichever is the shortest, has been served.
(a) A person sentenced to [imprisonment] incarceration under section 276(1)(i) of the Criminal Procedure Act, must serve at least one sixth of his or her sentence before being considered for placement under correctional supervision, unless the court has directed otherwise[, but if more than one sentence has been imposed under section 276(1)(i) of the said Act, the person may not be placed under correctional supervision for a period exceeding ï¬ve years].
[If a person has been sentenced to imprisonment under section 276(1)(i) of the Criminal Procedure Act, and to imprisonment for a period not exceeding ï¬ve years as an alternative to a ï¬ne the person must serve at least one sixth of the effective sentences before being considered for placement under correctional supervision, unless the court has directed otherwise] A person sentenced to incarceration for a period not exceeding ï¬ve years as an alternative to a ï¬ne under section 287(4)(a) of the Criminal Procedure Act, may be considered for placement under correctional supervision by the National Commissioner or the Correctional Supervision and Parole Board as soon as possible after admission to a correctional centre subject to the conï¬rmation of a suitable support system, unless the court has directed otherwise.
a period not exceeding ï¬ve years as an alternative to a ï¬ne; the person shall serve at least a quarter of the effective sentence imposed or the non-parole period, if any, whichever is the longer before being considered for placement under correctional supervision, unless the court has directed otherwise A person sentenced to incarceration for a period exceeding ï¬ve years as an alternative to a ï¬ne under section 287(4)(b) of the Criminal Procedure Act, may be recommended to a court for placement under correctional supervision, except if the court has directed otherwise, in circumstances where such an offender has completed at least one quarter of the sentence and the remainder of the sentence until sentence expiry does not exceed ï¬ve years.
A person sentenced to [imprisonment] incarceration for a deï¬nite period in terms of section 276(1)(b) of the [said] Criminal Procedure Act may not be placed under correctional supervision unless such sentence has been converted into correctional supervision in accordance with section 276A(3) of the said Act.
A person sentenced to incarceration for a deï¬nite period under section 276(1)(b) of the Criminal Procedure Act, may be referred to a court in accordance with section 276A(3)(a) of that Act, if the offender has completed at least a quarter of the effective sentence and the remainder of the sentence until sentence expiry does not exceed ï¬ve years.''.
Amendment of section 75 of Act 111 of 1998, as amended by section 29 of Act 32 of 2001 and section 51 of Act 25 of 2008 13.
in respect of any sentenced offender serving a sentence of life incarceration, make recommendations to the Minister on granting of day parole [or], parole or medical parole, and, subject to the provisions of section 52, the conditions of community corrections to be imposed on such an offender.'
''(4) Where a complainant or relative is entitled in terms of the Criminal Procedure Act[,] to make representations or wishes to attend a meeting of a Board, [the Commissioner must inform the Board in question accordingly and] that Board must inform the complainant or relative in writing when and to whom he or she may make representations and when and where a meeting will take place.'
''(5) If, after the Board has approved a sentenced offender being placed under correctional supervision or [be] being granted day parole [or], parole or medical parole, and, prior to the implementation of the decision of the Board, the Case Management Committee reports to the Board that the circumstances of such an offender have changed to such an extent that it is not advisable to implement the decision, the implementation shall be deferred until the Board authorises it.'
''(6) When the Board or the Minister cancels correctional supervision [or], day parole [or], parole or medical parole, the matter may be reconsidered by the Board or the Minister within such period as [it] the Board or the Minister deems ï¬t, but [it] the Board or the Minister must do so within two years.
cancel correctional supervision or day parole or parole or medical parole and alter the conditions for community corrections applicable to such person.
the record of the proceedings before the Board must be submitted to the Correctional Supervision and Parole Review Board.'
''(9) The Minister may cancel correctional supervision, day parole or parole as referred to in subsection (6) only if the decision to grant correctional supervision, day parole or parole was taken by the Minister.''.
Substitution of section 79 of Act 111 of 1998, as amended by section 55 of Act 25 of 2008 14.
there are appropriate arrangements for the inmate's supervision, care and treatment within the community to which the inmate is to be released.
a sentenced offender.
An application lodged by a sentenced offender in accordance with paragraph (a)(ii) shall not be considered by the National Commissioner, the Correctional Supervision and Parole Board or the Minister, as the case may be, if such application is not supported by a written medical report recommending placement on medical parole.
reasons as to why the placement on medical parole should be considered.
The Minister may establish a medical advisory board for each province, to provide an independent medical report at the request of a Correctional Supervision and Parole Board, in addition to the medical report referred to in subsection (2)(c).
Nothing in this section prohibits a medical practitioner or medical advisory board from obtaining a written medical report from a specialist medical practitioner.
A sentenced offender may not be placed on medical parole in circumstances where the medical conditions, which form the basis of the medical practitioner's diagnosis or prognosis under subsection (2), were self-induced.
the agreement by such offender to subject himself or herself to such monitoring conditions as set by the Correctional Supervision and Parole Board in terms of section 52, with an understanding that such conditions may be amended and or supplemented depending on the improved medical condition of such offender.
An offender placed on medical parole may be requested to undergo periodical medical examinations by a medical practitioner in the employ of the Department.
any of the factors listed in section 42(2)(d).
Nothing in this section prohibits a complainant or relative from making representations in accordance with section 75(4).
A decision to cancel medical parole must be dealt with in terms of section 75(2) and (3): Provided that no placement on medical parole may be cancelled merely on account of the improved medical condition of an offender.
The Minister must make regulations regarding the processes and procedures to follow in the consideration and administration of medical parole.''.
''(1) The Inspecting Judge inspects or arranges for the inspection of correctional centres and remand detention facilities in order to report on the treatment of inmates in correctional centres and remand detention facilities and on conditions and any corrupt or dishonest practices in correctional centres and remand detention facilities.''.
Insertion of section 128A in Act 111 of 1998 16.
128A. A remand detainee who intimidates or conspires with another remand detainee to exchange identities or to defeat the ends of justice, is guilty of an offence and liable on conviction to a ï¬ne or to incarceration for a period not exceeding 10 years or to such incarceration without the option of a ï¬ne or to both a ï¬ne and such incarceration.''.
Amendment of section 134 of Act 111 of 1998 17.
the composition of the medical parole advisory boards;''.
Amendment of Table of Contents of Act 111 of 1998 18.
Safekeeping of information and records 49A. Pregnant women 49B. Disabled remand detainees 49C. Aged remand detainees 49D. Mentally ill remand detainees 49E. Referral of terminally ill or severely incapacitated remand detainee to court 49F. Release under supervision of South African Police Service 49G. Maximum incarceration period.''.
Repeal of sections 48 and 49 of Act 25 of 2008 19. Sections 48 and 49 of the Correctional Services Amendment Act, 2008, are hereby repealed.
Amendment of section 87 of Act 25 of 2008 20. Section 87 of the Correctional Services Amendment Act, 2008, is hereby amended by the deletion of subsection (3).
This Act is called the Correctional Matters Amendment Act, 2010, and comes into operation on a date determined by the President by proclamation in the Gazette.
1.1 The Correctional Matters Amendment Bill, 2010 (the Bill), seeks to improve the administration of three key areas of corrections, namely medical parole, the parole system in general and the management of remand detention.
1.2 The current provisions of the Correctional Services Act, 1998 (the principal Act), limit the granting of medical parole to sentenced offenders who are in the ï¬nal phase of a terminal illness. Many seriously ill or similarly incapacitated inmates are therefore not eligible for consideration of placement on medical parole as they cannot be medically certiï¬ed as being in the ï¬nal stages of a terminal illness. Medical practitioners are reluctant to recommend placement on medical parole within the limited deï¬nition currently applicable. The reluctance on the part of medical practitioners can also be attributed to media and societal pressures associated with such recommendations in a situation where 60% of inmates do not pass away after placement on medical parole. At the same time the reluctance of medical practitioners to recommend the placement of inmates on medical parole, in order to die a digniï¬ed and consolatory death outside, results in a very high number of natural deaths within the centres of the Department of Correctional Services (the Department). This scenario further puts serious pressure on already limited ï¬nancial and human resources required for meeting the health care needs of inmates. In order to address the shortcomings outlined above, the Bill introduces a new medical parole system, which aims to balance the medical condition of the inmate against the risk posed to society should such inmate be placed on medical parole. In this model there are three factors which must be present in order to qualify for consideration for placement on medical parole. Not only should the inmate suffer from a terminal illness or be rendered physically incapacitated as a result of injury, disease or illness so as to severely limit daily activity or inmate self-care, but the risk of re-offending must also be low and there must be appropriate arrangements for the inmate's supervision, care and treatment upon release.
1.3 In 2008, the development of an incarceration framework was proposed in order to substitute the existing framework, which was spelt out in the principal Act, for the determination of minimum periods which offenders have to serve before qualifying for consideration for placement on parole. The incarceration framework had to be developed by the National Council for Correctional Services (NCCS), acting in consultation with the National Commissioner.
In the process of developing the incarceration framework a number of questions with regard to the desirability of developing such a framework were raised.
no version of an incarceration framework could practically achieve the desired outcomes as stipulated in section 73A(2) of the Correctional Services Amendment Act, 2008 (Act No. 25 of 2008).
It has therefore been decided not to proceed with the development of an incarceration framework, but instead to strengthen the existing legislative framework which regulates the determination of minimum periods to be served by sentenced offenders before consideration of placement on parole. The Bill repeals all provisions referring to the development of an incarceration framework, whilst at the same time addressing shortcomings with the functioning of the current parole system.
1.4 The Cabinet Lekgotla in January 2006 directed a Cluster Project aimed at reï¬ning the remand detention system in South Africa on the basis that remand detention is a distinct function from corrections. One of the tasks of the project was to review the existing policy and regulatory framework governing remand detention.
ï¬xing the time that a person should remain in remand detention. An enabling legislative instrument was also required for the release of gravely ill remand detainees from remand detention, subject to conditions.
Consultation has taken place with the NCCS with regard to the repeal of the incarceration framework and the development of a new medical parole system.
The Department will budget for the medical parole advisory body as well as the new Remand Detention Branch.
The establishment of a new branch on Management of Remand Detainees and the new Medical Parole Advisory Body will have ï¬nancial implications. Providing remand detainees with clothing and making remand detention facilities accessible to remand detainees with disabilities will also have ï¬nancial implications. The establishment of a remand detention budget programme and appropriate allocation to this budget programme will need to be addressed through, on the one hand, disaggregating funding from the other budget programmes and, on the other, ensuring that appropriate allocations are made in other respects.
The Department consulted on the Bill with government stakeholders in the Justice, Crime Prevention and Security Cluster, the National Council for Correctional Services and internal implementers. Stakeholders in civil society and the general public were also invited to comment on the content of the regulatory changes.
7.1 The State Law Advisers and the Department of Correctional Services are of the opinion that this Bill should be dealt with in terms of the procedure established by section 75 of the Constitution of the Republic of South Africa, 1996, since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
7.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.3071En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.3082En.2012-02-10.en.txt</fn>
Packed with information, ranging from the stadiums to accommodation, locations, health facilities and Fan Fests, the 2010 FIFA Fan Guide is a one-stop information resource to ensure soccer fans' experience of the World Cup is safe, secure and unforgettable.
<fn>GOV-ZA.3083En.2012-02-10.en.txt</fn>
South African soccer fans are among the most colorful in the world, leaving lasting impressions on television screens with their colourful gear and sometimes near-silly antics.
<fn>GOV-ZA.308En.2012-02-10.en.txt</fn>
Web address www.ukzn.ac.
<fn>GOV-ZA.3098En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.309En.2012-02-10.en.txt</fn>
What is Bhisho Revitalisation Programme?
<fn>GOV-ZA.30august20071En.2012-02-10.en.txt</fn>
Originally published by Business Report on www.busrep.co.
For the first time in its 122-year history, the International Statistics Institute (ISI) will meet in sub-Saharan Africa, when its 57th session convenes in Durban in August 2009.
ISI sessions, held every two years, provide a platform for the gathering of the world's leading statisticians to share experience in a diverse range of statistics among public, private, research and educational institutions.
The award of the 57th session to South Africa coincides with an upsurge in statistical activity and partnerships in Africa, aimed at improving statistical data measurement and quality for monitoring and evaluating the continent's social and economic progress.
The 56th ISI session, held in Lisbon, ended on Tuesday, after the ISI "baton" was passed from Portugal to South Africa.
The Durban gathering aims to integrate Africa into the mainstream of statistical discourse, and to promote the broader scholarly participation of Africans at the ISI as well as to promote the continent's statistical data use for evidence-based policy making, measuring and monitoring.
In accepting the ISI's mandate, South Africa's ambassador to Portugal, Thandiwe Profit-McLean, addressed the assembled delegates on the continent's unique needs and the way the 2009 gathering can address these needs through statistical practice.
"Africa is a continent with about 1 billion people in 53 countries," said the ambassador. "It is the second-largest continent in terms of population after Asia.
"It is known for its mineral wealth. Yet the majority of its people are hungry and suffer from income poverty."
According to a recent International Comparisons Programme study led by the African Development Bank and the World Bank, people spend more time working to eat in Africa than on any other continent.
More than 50 percent of Africa's labour reward is spent on food, compared with about 17 percent elsewhere.
Profit-McLean said: "How does an African family become creative if 50 percent of its household expenditure is spent on food "Can Africa improve trade within the continent Can Africa develop its human resources, and to what effect These and many other questions require information and leadership.?
She continued: This serious avalanche of developmental challenges confronts not only South Africa, but Africa as a continent. This is why we believe that [the ISI] coming to Africa will make a difference. The battle against poverty is our number one agenda and for that we need to be part of a global strategy.
"As the leadership, and those who provide hope for our countries, we are seized by the need to deliver on the Millennium Development Goals, and we have to monitor whether we are reaching and achieving the targets we have set ourselves, such as halving poverty by 2015."
A report by the Friends of the Chair of the UN Statistics Commission advised the UN secretary-general to urgently address issues of measurement, particularly in the developing world. This advice came amid the realisation that Africa has little information on which to track and measure progress or lack thereof.
Statistics and information provide an array of diagnostic tools that pave the way ahead and empower policy makers and diplomats to respond appropriately.
"The leadership of our countries has realised the critical link between statistics and democracy," said the ambassador. "This involves transparency.
"In South Africa we are governed by a Statistics Act that gives professional autonomy to the statistician-general and ensures that our statistics are produced in an environment free of fear or favour."
In coming to South Africa, the ISI session will create the possibility for us, as Africans, to create, by ourselves, the rich legacy of solutions to the development challenges that confront us.
Profit-McLean concluded: On behalf of my president, Thabo Mbeki, I want to say, come to South Africa in 2009. We would love to receive you.
"We are in forward-looking mode. This is our Age of Hope and there is an infectious energy in the air. We have always expressed our gratitude to the international community for the support they have given us in making our country a better place for all."
<fn>GOV-ZA.30d2010En.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2007/07083013151002.
URL: http://www.info.gov.za/speeches/2006/06011709451004.
JIPSA will therefore work with both higher education institutions and employers, all of whom are represented in JIPSA. The Department of Trade and Industry (DTI), Department of Education (DOE), Department of Labour (DOL), Department of Science and Technology (DST), the Department of Public Service and Administration (DPSA) are our key training departments.
URL: http://www.info.gov.za/speeches/2006/06032810451001.
Media is invited to the launch of the Joint Initiative on Priority Skills Acquisition (JIPSA), part of Accelerated Shared Growth Initiative of South Africa (AsgiSA), by Deputy President Phumzile Mlambo-Ngcuka. A media briefing will follow the launch. Details of the programme will be made available during the course of this week.
URL: http://www.info.gov.za/speeches/2006/06032214151002.
<fn>GOV-ZA.30jul20041En.2012-02-10.en.txt</fn>
A Public Service Commission (PSC) investigation into the financial affairs of Pali Lehohla, Statistician-General and head of Statistics South Africa, has found no evidence of financial impropriety.
Allegations that Lehohla might have enriched himself by receiving 'kick-backs' in return for favouring specific suppliers of information technology solutions were made by a small group of staff at Statistics South Africa, who submitted a memorandum of complaint to the Minister of Finance. Lehohla himself requested the PSC to investigate these allegations.
In its enquiry, the PSC commissioned an extensive independent forensic audit of Lehohla's personal finances; investigated how he had financed his property holdings; and probed whether he had benefitted financially from the awarding of information technology contracts.
The PSC found no evidence of financial impropriety in any of these instances. It found that Lehohla had financed his property holdings through normal bank loans, and that no evidence of financial impropriety in his personal affairs could be found.
The enquiry did find that there were procedural irregularities in the way in which a software licence for statistical analysis and data storage was procured. However, these irregularities were administrative in nature, and no financial impropriety or corruption occurred as a result of this transaction.
'The allegations made against Mr Lehohla were naturally of great concern to Stats SA staff', said Dr Liz Gavin, acting Statistician-General while Lehohla is on a brief trip to Tanzania. 'However, neither the allegations nor the enquiry disrupted the Department's central function of collecting and disseminating statistics. But it is a relief that this unfortunate episode can now be closed, and that the organisation can focus all its energies on providing statistics', she said.
Trevor Oosterwyk, Communications Manager, Statistics South Africa, on 082-908 9104.
<fn>GOV-ZA.30jul20042En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.30march20061En.2012-02-10.en.txt</fn>
The devil, according to an old saying, lies in the detail. This is as true for statistical analysis as it is for any other activity.
Take, for example, the latest quarterly employment statistics (QES), released by Statistics SA on Tuesday. As has already been widely reported, the QES for the quarter to December showed an increase in the number of people employed in the non-agricultural business sector of about 90 000 people, compared with the quarter to September, or a gain of about 1.3 percent.
Data, however, can be "sliced" in a number of different ways. The first is with regard to time periods. The QES reports on changes in the number of people employed in two major ways: between the current and previous quarter, such as September and December; and between the current quarter and the corresponding quarter of the previous year, such as December 2004 and December 2005.
For each of these periods (quarter-on-quarter and year-on-year), the QES provides the change in actual numbers employed, as well as the percentage.
The latest QES shows that the number of those employed in formal non-agricultural industries increased by 158 000 or 2.2 percent between December 2004 and December 2005 - an increase from 7.097 million to 7.255 million employees. The increase quarter-on-quarter (between September and December) involved 90 000 employees, or a change of 1.3 percent.
That is not the only way data collected through the QES can be sliced.
community, social and personal services.
For each of these sectors, the change in the number of people employed and the percentage change, quarter-on-quarter and year-on-year, are presented.
Year-on-year, comparing December 2004 with December 2005, all sectors except mining and quarrying, and financial intermediation, insurance, real estate and business services, reported an increase in the number of people employed.
From the quarter to September to the quarter to December, the mining and quarrying industry reported a decrease of 22 000 employees, or 4.8 percent, while the financial intermediation, insurance, real estate and business services industries reported a decrease of 11 000 employees, or 0.7 percent.
Manufacturing reported an annual increase of 21 000 employees, or 1.8 percent. Electricity, gas and water supply showed an annual increase of 3 000 employees, or 7.1 percent, and construction an annual increase of 77 000 employees, or 20.6 percent.
The wholesale and retail trade, repair of motor vehicles, motor cycles and personal and household goods, hotels and restaurants industries reported an annual increase of 43 000 employees, or 3.1 percent; transport, storage and communication an annual increase of 5 000 employees, or 1.6 percent; and finally, the community social and personal services industry reported an annual increase of 42 000 employees, or 2.4 percent.
In the detail, however, other trends can be discerned: while jobs were shed in financial intermediation, insurance, real estate and business services between December 2004 and December 2005, there was a quarterly increase of 30 000 employees, or 2 percent, between the quarters ending in September and December 2005.
And while electricity, gas and water supply reported an annual increase of 7.1 percent for the year to December 2005, compared with December 2004, there was no increase between the quarter to September and the quarter to December.
Not only does the QES measure changes in employment: it reports on gross earnings paid to employees in the formal non-agricultural business sector, again for each of the major industries, quarter-on-quarter and year-on-year, reflecting changes in both numbers and percentages.
Non-agricultural formal sector employment increased by 1.3 percent or 90 000 jobs between the quarter to September and the quarter to December.
However, the QES provides far more information than this, and it is in that detail that serious statistical analysis must be located.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, including the latest release on quarterly employment statistics, visit www.statssa.gov.za or contact user services on (012) 310 8600.
<fn>GOV-ZA.30november20061En.2012-02-10.en.txt</fn>
Statistics, especially official statistics, do not usually create headline-grabbing news. To some extent, this is because of the very nature of statistical measurement, which is usually based on cautious comparison and integration of many data sets over time. Good statistics rarely lend themselves to the superficial sound bite.
This week's release of the latest gross domestic product (GDP) data provides a good example. GDP is estimated through comparison and integration of numerous data collections, including most of Statistics SA's economic and financial series.
It also involves regular revision of previous data, as newer and better figures becomes available. This is the reason that the real annualised growth rate for the first quarter of this year has been revised upwards from 4 percent to 5 percent, and second quarter growth from 4.9 percent to 5.5 percent.
At the same time, Stats SA reported that the seasonally adjusted real GDP at market prices for the third quarter increased by an annualised rate of 4.7 percent compared with the second quarter.
Considerable detail and complexity is contained in this single number. There is the relative contribution of economic sectors. Which are growing and which are shrinking?
The latest data tell us that the finance, real estate and business services industry was the largest contributor to growth in the third quarter, accounting for 1.2 percent. This was followed by wholesale and retail trade, hotels and restaurants (0.9 percent), manufacturing (0.8 percent) and transport and communication (0.5 percent).
At the other end of the scale, the contribution of agriculture, forestry and fishing declined, accounting for a drop of 1.3 percent, while that of electricity, gas and water was unchanged. This sort of detail can only be compiled because of the regular and consistent collection of official statistics.
This week, along with GDP, Stats SA releases the consumer and production price indices for last month; statistics on liquidations, electricity generated and tourist accommodation; the non-financial census of municipalities; and the financial statistics of consolidated general government. Most of these will form part of the basis for estimating the next quarter's GDP or have an influence on the revision of growth figures for previous periods.
The financial statistics of consolidated general government for 2004/05, released yesterday, provide information on the sources and uses of government cash, classified economically and functionally.
These data present revenue and expenditure patterns and enable the national treasury and the Reserve Bank to revise their estimates, in turn allowing GDP estimates to be revised where appropriate. The information is derived mainly from audited financial statements, which can only be published some time after the conclusion of a financial year. It could therefore not have been made available earlier.
This is a good example of the release of newer and better data leading to revision of previous GDP estimates.
This careful and consistent estimation, measurement and revision differs markedly from the sometimes cavalier or superficial use of statistics that often grabs the headlines.
Consider last week's headline in a business publication, proclaiming: "Slowdown plays havoc with SA's jobs drive". The article, written before release of the latest GDP data, cited a report claiming that employment creation was slowing as a consequence of lower growth.
Yet revised GDP data show that growth was higher in the first and second quarters than originally reported, that growth in the third quarter was higher than initial estimates for the first quarter, and that growth in most sectors was strong.
This same report claimed that between 10 000 and 12 000 jobs were being created each month, compared with 30 000 a month last year. The basis of this estimate is not clear, especially given that the latest establishment-based employment data are only due for publication on December 12.
This may have been the type of situation contemplated by the UN Statistics Commission when it adopted clause 4 of the Fundamental Principles of Official Statistics, endorsing the right of statistical agencies to comment on erroneous interpretation and misuse of statistics. Dramatic claims of a slowdown, contradicted by the data, and speculation on job creation before the latest data are released may be the stuff of headlines. They are certainly not the mandate of official statistics.
<fn>GOV-ZA.30sep20041En.2012-02-10.en.txt</fn>
When President Thabo Mbeki addressed the 59th session of the UN general assembly on September 23, he noted that some "have pointed to the virtual certainty that we will fail to meet the millennium development goals (MDGs) we set ourselves four years ago".
"There may very well be others among us who will take a different view and say that a good beginning has been made and, therefore, that it is too early to say we have failed I have found it impossible not to answer that we have failed."
The president's urgent concern over the international community's commitment to these goals has been strongly reiterated within the country. When finance minister Trevor Manuel addressed senior public service managers on September 20, he said that the "task of a developmental state is to fight poverty and expand economic opportunities for the poor", and that the "two main thrusts of the budget of a developmental state must be how much the state spends fighting poverty and deprivation, and how much of the country's resources go towards expanding the economic opportunities of all its citizens".
Government's programme of action, the subject of last week's Inside Statistics, is one of the central pillars in addressing poverty alleviation and economic development. So, too, is national implementation of the MDGs.
Many of the targets of the MDGs were first set in the 1990s and became known as the international development goals.
In September 2000 the member states of the UN adopted the Millennium Declaration, which set out development goals and targets for the millennium.
The first seven goals are mutually reinforcing and directed at reducing poverty in all its forms, and it is in these areas that synergies between the programme of action and MDGs is most apparent.
Ensure environmental sustainability, reducing by half the proportion of people without sustainable access to safe drinking water, and achieving significant improvement in the lives of at least a hundred million slum dwellers by 2020.
The eighth goal - a global partnership for development - is about the means to achieve the first seven goals.
Challenges specifically identified in the programme of action include the eradication of poverty and underdevelopment; racial and gender inequalities; growth, development and modernisation of the First Economy; building a social security net to alleviate poverty; and addressing issues of the Second Economy - the structural manifestation of poverty.
Statements of intention, however good, have value only in so far as their implementation can be measured and monitored.
In South Africa, the foreign affairs department is the official overseer of the MDG process, while Statistics SA is the lead agency that manages the process.
This will involve generating development indicators to measure progress in implementing the MDGs, compiling an MDG country report for the secretary-general of the UN, and data assemblage and analysis.
The indicators will be used both for purposes of international comparison and for informing government's national monitoring and evaluation framework.
Support for the MDG country report will be provided by a team consisting of representatives from government departments and parastatal organisations, civil society organisations, foundations and the private sector.
Stats SA reports on the MDG process to the social cluster, made up of directors-general, ministers and deputy ministers - the same cluster charged with responsibility for the social deliverables of the programme of action.
The MDG country report will also be submitted to the social cluster for review and revision, and it is this cluster that will submit the report to cabinet for ratification.
The provision of high-quality statistics is central to monitoring of the implementation of the programme of action. In much the same way, the MDG process will support the development of statistical capacity for purposes of monitoring and evaluation, and promote the role of data in policy making.
Statistics, however, are not just about numbers and measurement: like the MDGs and the programme of action, they are finally about people and the conditions in which they live.
Pali Lehohla is South Africa's statistician-general and head of Statistics South Africa.
<fn>GOV-ZA.3101En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.3102010En.2012-02-10.en.txt</fn>
The Ministry of Arts and Culture condemns Mr Sipho Sithole's manipulation of the media for the purposes of furthering his own personal interest in a matter that should be ventilated through the courts where Mr Sithole claims damages in the region of R10 million.
The Minister's legal team has advised her not to engage in litigation through the media, but rather to allow all the matters to be revealed in court in due course.
Minister Xingwana wishes to put it on record that these allegations have been trumped up.
The Minister has been fighting corruption since she arrived in the Department of Arts and Culture and will not be deterred in her efforts to insist upon a clean and well-functioning administration.
Minister Xingwana also reiterates that underpinning her Ministry and Department is the embrace of the principle of "Unity in Diversity", the building of social cohesion and the promotion and support of cultural programmes and activities of artists and arts practitioners without fear or favour.
<fn>GOV-ZA.31032011En.2012-02-10.en.txt</fn>
The Minister of Arts and Culture Mr. Paul Mashatile, invites members of the media to a briefing on the forthcoming National Conference on repositioning the arts, culture and heritage sector. This briefing will focus on key aspects of the minister's draft strategy on how the sector can contribute to economic growth and job creation. Minister Mashatile will also use the occasion to launch the 2011 Freedom Day celebrations.
<fn>GOV-ZA.3105En.2012-02-10.en.txt</fn>
Polokwane is pulling out all the stops to ensure that its residents benefit from the first African World Cup long after the tournament has ended.
<fn>GOV-ZA.310En.2012-02-10.en.txt</fn>
National departments are allowed to distinguish themselves from one another using colour as a primary differentiator. There are four primary colour options that make up the national Coat of Arms from which departments can choose to differentiate themselves: orange, brown, black or green. Departments may not change their colour, once selected.
All departments are to use either the full colour national Coat of Arms or a single colour. No foiling is allowed for the departments.
Gill Sans Bold is only used for acronym naming structure and it must be in lower case.
Gill Sans Regular is used for acronym and functional naming structure and it may only be used in lower case.
Arial Bold is only used for the country descriptor. It may only be used in upper case and in black.
Arial Regular is only used for secondary and tertiary descriptors. It may be used in upper and lower case and in black.
According to the provisions of the Constitution of the Republic of South Africa (1996), national government may use any particular official language for the purposes of government taking into account, among other things, target audience, usage, particularity and expense.
will be replicated in all other official languages and positioned at the bottom of the letterhead, fax or on the back of business cards.
The primary descriptor must always be in English, and departments may choose to use translated versions, in any official language, in the secondary, tertiary and country descriptor.
The name of the communicating department will be replicated in all other official languages as specified. The name of the communicating department will be translated in all official languages and placed under the line in descending order of secondary, tertiary and country descriptors.
<fn>GOV-ZA.3112010En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.3113En.2012-02-10.en.txt</fn>
Learners in the Western Cape are set to have a shorter holiday during the 2010 FIFA World Cup.
<fn>GOV-ZA.311En.2012-02-10.en.txt</fn>
One colour solid signatures should only be placed on a solid background, preferably white or black. This will apply primarily on signage and corporate gifts. Please avoid placing logos on textured or patterned backgrounds.
The reverse version should only be placed on 100% black to 30% black backgrounds, excluding promotional elements where it may also be embossed.
One colour solid, positive on 100% white background.
One colour solid, reversed out of 100% black background.
Note: See single colour applications in Section 3 on page 11.
<fn>GOV-ZA.31216728En.2012-02-10.en.txt</fn>
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
No. 5 of 2008: National Regulator for Compulsory Specifications Act, 2008.
To provide for the establishment of the National Regulator for Compulsory Specifications of South Africa; to provide for the appointment of the Board of the National Regulator; 10 provide for the administration and maintenance of compulsory specifications in the interests of public safety and health or for environmental protection; and to provide for matters connected therewith.
Act No. S, 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT.
"importer" means an importer as defined in section 1(1) of the Customs and Excise Act, 1964 (Act No. 91 of 1964); "inspector" means a person appointed as an inspector in terms of section 16(1); "issue" with regard to a compulsory specification, includes making available by means of electronic, photographic or another medium; "letter of authority certificate" means a letter of authority issued to a manufacturer or importer in terms of section 5(2)(j): "manufacture" includes produce, assemble, alter. modify, adapt, convert, process or treal; "market surveillance inspe<:tion" means any activity of the National Regulator, other than testing, concerned with dctcrmining, either directly or indirectly, whether any or all of the requirements of a compulsory specification are met: "Minister" means the Minister responsible for trade and industry: "National Regulatorl' means the National Regulator for Compulsory Specifications of South Africa established by section 3(1): "premisesl' means any land or any building or other structure, and includes any train, boat, ship, aircraft or other vehicle; "prescribed'l means prescribed by regulation or notice in tenns of this Act; "produce' means any commodity that is manufactured or any agricultural proouc!'
having in possession for the purposes of sale, trade.
exchange, donate, lease or offer or display for leasing: "system l', with regard 10 a commodity, means a syslem which is designed to achieve a particular purpose or to perfonn a specific function; "this Acl'l includes a regulation made under section 36.
The purpose of the Act is to provide a legal framework for the administration and maintenance of compulsory specifications in the interests of public safety and health or for environmental protection in the Republic; and to establish the National Regulator to administer compulsory specifications.
The National Regulator is hereby established as a public entily.
The National Regulator is a juristic person and must operate and perform its functions in accordance wilh this Act.
Ad No.
The establishment of the National Regulator does not affect the validity of any action taken by the SABS prior to the commencement of this Act.
if) subject to subsection (2), concluding agreements with organs of state and other persons; or instituting or defending any legal aclion.
An agreement concluded in tenns of subsection (I)(j) may not conflict with any international requirement that is binding on the Nalional Regulator.
carry out market surveillance through inspection in order to monitor compliance with compulsory specifications; and enforce compliance with compulsory specifications.
Act No.5, 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT.
establish specialist consuhative committees to provide input into the process 10 interpret and implement compulsory specifications.
the reslofthc members, who are non-executive members and arc appointed by the Minister.
When appointing the members of the Board, the Minister must ensure that such members are broadly representative of the demographics of the country; and have sufticient knowledge, experience or qualifications relating to the functions of the National Regulator and the responsibilities of the Board.
The Minister must designate a member of the Board as chairperson.
Non-executive members of the Board hold office for a period not exceeding five years and are eligible for reappointment.
has, as a result of improper conduct, been removed from an office of trust; or has been declared by a court to be mentally ill or unfil.
Subject to Ihe Promotion of Administrative Justice Act 2000 (Aci No, 3 of 2000), the Minister may al any lime after consulting Ihe Board terminate the term of office of any member of the Board if there arc good reasons for doing so.
The conditions of appointment of members of the Board who are not in the employ of an organ of state, are determined by Ihe Minister, after consultation with the Minister of Finance.
The conditions of appointment may include remuneration and any allowance payable by the Board.
Members who are employed by an organ of state are not enti!
The Board must meet at least four times a year.
The chairperson of the Board decides when and where the Board will meet, out a majority of Board members may request the chairperson in writing to convene a meeting at a time set out in the request.
Act No. S. 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT.
If Ihe chairperson and the vice-chairperson are absent from a meeting, the Board may elect a member from among their number to preside at that meeting.
Decisions of the Board require thc supporting vole of a majority of members present at a meeting.
The Board must keep minutes of its proceedings and decisions.
The Board may, by resolution, make rules to further regulate its proceedings.
The Board may establish committees 0 assist it in Ihe perfonnance of its functions.
The Board must determine the composition, rules and procedures of committees established in terms of this section.
The Board may from time to time dissolve or reconstitute a committee.
Any decision taken by a committee established under this section must be ratified by the Board.
The Board must establish an Advisory Forum with a balance of interests consisting of representatives of organisations who have an interest in the matters contemplated in this Act.
The Advisory Forum must advise the Board on matters in respect of which the National Regulator could playa role; and any other matter on which the Board requests advice.
The Board must establish a constitution and, if necessary, rules for the Advisory Forum.
declare or amend a compulsory specification if a SANS or a provision of a SANS is not available in terms of paragraphs fa) and (b); or withdraw a compulsory specification.
may fix different dates on which different provisions of a compulsory specification come into operation.
Al'1 No.5, 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT. 2008 in which inlcrested persons arc invited to comment on the proposed compulsory specification in writing by not less than two months after the date of the publication of the preliminary notice.
The Minister must consult with the Minister responsible for administering any Act or regulations that regulate the import, sale or supply of any commodity, product or service.
A notice under subsection (1)(a).
require that importers and manufacturers be in possession of a letter of authority certificate issued by the National Regulator. in tenns of section amend a requirement referred to in paragraph (b): and withdraw a requirement referred to in paragraph (a), (b), (c) or (d).
The Minister may give effect to subsections (1) and (6) in the same notice.
The Minister may make regulations in terms of section 36 that set out the consultation process which must precede the declaration or amendment contemplated in subsection (I)(c).
No pcn;on may import, sell or supply a commodity, product or service to which a compulsory specification applies, except in accordance with that specification.
No person may import, sell or supply a commodity, product or service to which a compulsory specification applies, unless the commodity, product or service complies with, or ha<; heen manufactured in accordance with, the compulsory specification, or both: and if applicable, the distinctive mark referred 10 in section n(6)(a) has been applied to the commodity, product or service in the prescribed manner and the commodity, product or service has been marked in accordance with any requirements in telTl1s of section J3(6)(b).
Any person who imports, sells or supplies a commodity, product or service to which a compulsory specification applies, must keep or supply to the National ReguJatorsuch records as may be prescribed by the Minister.
pay such fees to the National Regulator as may be prescribed by the Minister after consultation with the Minister of Finance.
The National Regulator may issue a sales permit exempting the person to whom it has been issued from complying with subsection (2)(a).
The National Regulator may issue a permit exempting the person 10 whom il has been issued from complying with subsection (2)(0) for an experimental type approval commodity or product to which a compulsory specification applies.
The Minister may make regulations in terms of section 36 to prescribe the process for the issuing of a pelTl1it contemplated in subsection (4) or (5).
Act No. S. 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIHCATIONS ACT.
(3)A warramcontemplated in subsection (2) may be issued by ajudge or a magistrate if it appears from written information given by the inspector on oath or affirmation that there are reasonable grounds for believing that a contravention of this Act has been or is being commiued within the area of jurisdiction of that judge or magistrate.
The warrant contemplated in subsection (3) must specify the parameters within which Ihe inspector may perform an entry, search or seizure.
An inspector entering any premises referred (0 in subsections (I) and (2) may be accompanied by an interpreter.
An inspector who removes anything from premises being searched, must issue a receipt for it to the owncr or person in control of the premises; and return it as soon as practicable after it has served the purpose for which it was removed.
notify the person in control of the premises of the purpose of the entry, unless there are reasonable grounds to believe that such notification might defeat the purpose of the search; and on request of the person in charge of such premises, produce Ihe cenificate referred to in section 16(3) to that person.
Any person who is in charge of premises referred to in section 17(1) and (2) must at all reasonable times co-operate with and furnish such assistance as an inspector may require in the exercise of his or her powers under this Act.
In the event of resistance to an entry and search, an inspector may call the police to use such force as is reasonably necessary, including the breaking of a door or window of the premises.
In order to monitor and enforce compliance with this Act, an inspector may examine and take samples of an article referred to in section 17(1) or any component.
If any person is again convicted of an offence in terms of this Act, whether it he 20 for the same or some other offence, that person is for the second or subsequent conviction liable 10 a fine or imprisonment for a pl, lriod not exceeding four years.
A courl convicting any person of an offence in terms of this Act may, in addition to any penalty imposed in respect of that offencc and subject to the provisions of subsection (4), order that a commodity or a 2S consignment or batch of a commodity, any other article, or any material or substance in respect of which that offence was committed, he forfeited to the State; and summarily enquire into and assess the monetary value of any advantage gained or likely to be gained by such person in consequence of that offence 30 and impose on that person a fine to a maximum equal to the amount so assessed and, in default of payment. imprisonment for a period not exceeding one year.
The Board must generally or in a particular case determine the manner in which the forfeited goods referred to in subsection (3)(a) shall be dealt with.
Section 35(4) of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies with the necessary changes in the case of a forfeiture referred to in subsection (~)(a).
Notwithstanding anything to the conlrary in any other law contained, a magistrate's court is competent to impose any penalty provided for in this Act.
hinders or obstructs an inspector in the exercise of his or her powers.
Transitional provisions 40 35. (I) For purposes of this section, "effective date" means the date on which the National Regulator is established as a public entity.
All assets, liabilities, rights and obligations of the regulatory department of SABS are transferred to the National Regulator; 45 all employees of SABS employed in the regulatory department and administrative staff responsible for administrative support with regard to compulsory specifications are transferred to the National Regulator in tenns of section 197 of the Labour Relations Act, 1995 (Act No.
all notices, designations and certificates issued in terms of the Standards Act, 50 1993 (Act No.
<fn>GOV-ZA.31245754En.2012-02-10.en.txt</fn>
No. 10 of 2008: National Gambling Amendment Act, 2008.
<fn>GOV-ZA.3128En.2012-02-10.en.txt</fn>
Soccer lovers in rural KwaZulu-Natal will not miss out on the World Cup experience with R80 million being spent on setting up 10 public viewing areas (PVA) across the province's rural communities.
<fn>GOV-ZA.312En.2012-02-10.en.txt</fn>
The grid has been carefully devised to assist in establishing the clear space area around the national Coat of Arms and serves as a guide with which to establish the different sizes on various communication elements.
The clear space around the national Coat of Arms must always be 2XC. The spacing between the national Coat of Arms and the descriptor to the right must be 2XC. The primary descriptor (functional name of department e.g. water & forestry) is 15/8XC high. The secondary descriptor (word 'Department') is 11/8XC high. The tertiary descriptor (full name of department e.g. Water Affairs and Forestry) is also 11/8XC high. The Republic of South Africa is 11/8XC high.
Above the line an 'ampersand' (&) symbol is used, whilst below the line an 'and' is used.
The clear space around the national Coat of Arms must always be 2XC. The spacing between the national Coat of Arms and the descriptor to the right must be 2XC. If the department has a long name the primary descriptor (functional name of department e.g. environment & tourism) must be two lines and each line must be 15/8XC high. The secondary descriptor (word 'Department') is 11/8XC high. The tertiary descriptor (full name of department e.g. Environmental Affairs and Tourism) is also 11/8XC high. The Republic of South Africa is 11/8XC high.
The clear space around the national Coat of Arms must always be 2XC. The spacing between the national Coat of Arms and the descriptor to the right must be 2XC. The primary descriptor (acronym name of department e.g. the dti) is 15/8XC high. The secondary descriptor (word 'Department') is 11/8XC high. The tertiary descriptor (full name of department e.g. Trade and Industry) is also 11/8XC high. The Republic of South Africa is 11/8XC high.
When the name of the department is written as an acronym, it must be preceeded by "the".
Home Affairs descriptor may be in colour. Secondary, tertiary and country descriptor must always be in black.
Note: Only the primary descriptor may be in colour. Secondary, tertiary and country descriptor must always be in black.
Home Affairs may only be black reversed out of white or white reversed out of black.
The departmental logos may only be black reversed out of white or white reversed out of black.
<fn>GOV-ZA.3134En.2012-02-10.en.txt</fn>
Ke Nako. Celebrate!
<fn>GOV-ZA.31371En.2012-02-10.en.txt</fn>
Page Gazette No.
Proposed Marketing, Advertising and Communication (MAC) Transformation Charter 2 a.
Stakeholder Transformation Charters (Annexure A) 5 b.
Proposed MAC Industry Scorecard (Annexure B) 6 2.
Constitution of the MAC South Africa (MAC SA) 11 3.
Constitution of the MAC Charter Council 14 a.
Funding and budget (Annexure C) 22 b.
Members' abridged curricula vitae (CVs) [Annexure D] 23 1.
We, members of the broader marketing, advertising, public relations, communication and research industry as well as related sectors, recognise the critical role our industry fulfils in South Africa. We are mindful of the impact our industry has on millions of our people across all walks of South African life, therefore we accept the responsibility consequent thereto. We further acknowledge that marketing and advertising communication is the livewire of a free market-based economy. It is an intrusive form of communication to which over 47 million South Africans are subjected every day of their lives. For such a small industry, its power to influence South Africans is disproportionate to its size; hence the need to make it a truly South African industry is imperative.
"We, members of the ACA, believe that our industry should be the creator and custodian of truly outstanding South African advertising and communication ideas, ideas that while proudly proclaiming their African heritage, still communicate effectively within the global context. We, accordingly, jointly and severally commit ourselves to the harnessing of all resources at our disposal towards the transformation of our industry and related disciplines to reflect and represent the totality of skills and contribution from our unique South African experience."
"Transformation is the implementation of fundamental changes to the way we do things to become and remain a successful organisation. The availability of various talents, competencies and cultural backgrounds among members of the institute will enhance performance and stature. Therefore, PRISA is committed to a process of transformation that will accelerate opportunities for diversity and growth and will make its membership representative of the South African population at all levels."
In October 2001, the Parliamentary Portfolio Committee on Communications, an organ of the National Assembly, convened public hearings into the pace of transformation in the advertising and marketing value chain.
After finding that the pace of transformation in the value chain was unacceptably slow, the Portfolio Committee on Communications directed government, through Government Communications (GCIS) and the Department of Communications, to facilitate a consultative process with all stakeholders to find a common blueprint for transforming the industry. This mandate resulted in the first joint undertaking by all stakeholders to commit to a unified view and common approach. This was codified as "The Values Statement of the Marketing and Communication Industry". It was endorsed by all stakeholders, adopted and signed on 23 April 2003.
The Values Statement, reproduced in full hereinafter, is the foundation on which the MAC Transformation Charter is based.
We acknowledge that like the rest of South African society, we have been plagued by the injustices of South Africa's racist past in terms of employee representivity, ownership and decisionmaking. We further recognise that the industry plays a critical role in the creation of wealth and the development of our economy, and believe that transformation of the industry is essential for its long-term growth and the upliftment of people who have historically been disadvantaged. In the spirit of the Constitution of South Africa, we believe that "South Africa belongs to all who live in it, united in our diversity and committed to improve the quality of life of all citizens and the potential of each person".
The sector reflects and shapes the norms of our society. As such, it must be committed to reflecting the values and aspirations of all South Africans.
This requires that the industry - in its ownership as well as in the traditions and cultures it draws upon - reflects the diversity of the South African population.
The industry is committed to sustainable skills development, which enables all our people to enjoy access to the knowledge base needed to shape their destinies within the industry.
II.
This industry works in the context of a unique transition - a transition described as a miracle.
We shall use our strengths to promote pride in the South African Brand.
The industry can contribute to the transition by promoting understanding and appreciating our diverse cultures, traditions, histories, abilities and disabilities. It can highlight prejudice where it exists by promoting tolerance of all human beings. In doing so, the sector can become a mirror of the soul of the nation.
The industry works in a society where the poor, the illiterate, people with disabilities, women and children suffer a myriad of intolerances. While working for their amelioration and empowerment, the industry shall ensure that the dignity of all human beings, and in particular of these vulnerable groups, is respected.
The industry recognises the difficulty of escaping the stereotyping of any group. Where this has to be resorted to, the industry shall take particular care not to stereotype or use humour in a manner that negatively impacts on the dignity of the target groups mentioned above.
IV.
We recognise that the consumer is at the core of our business. Recognising that the industry serves business in its endeavour to create wealth, we shall ensure that the requirements and sensitivities of the consumer are placed at the centre of all our creativity and planning. In doing so, we shall better serve the commercial needs of business as well as the long-term aspirations of the South African nation.
Furthermore, the industry shall be committed to abide by the principle of good corporate governance and by the highest standards of ethical business practices.
We are mindful that this is an industry which impacts on the views and aspirations of the entire population.
This means that the industry must act sensitively while endeavouring to break the bounds of creative barriers. Such commitment will lay the basis for a self-regulation regime that can best serve all stakeholders.
This commitment must not place limits upon the various freedoms enshrined in the Constitution of the Republic of South Africa, 1996 and protected by the Bill of Rights, especially Freedom of Expression.
The MAC Transformation Charter adheres to the Broad-Based Black Economic Empowerment (BBBEE) Act, 2003 (Act 53 of 2003), available on the Department of Trade and Industry's (the dti) website: www.thedti.gov.za. The MAC Transformation Charter is based on the principles outlined in the generic codes.
a. MAC INDUSTRY SCORECARD: The BBBEE Scorecard for the MAC industry should be read in conjunction with the Second Phase BBBEE Codes of Good Practice (gazetted on 9 February 2007 in Government Gazette No. 29617), available on www.thedti.gov.za.
We, members of the Association of Advertising Agencies, believe that our industry should be the creator and custodian of truly outstanding South African advertising ideas, ideas that while proudly proclaiming their African heritage, still communicate effectively within the global context. We, accordingly, jointly and severally commit ourselves to the harnessing of all resources at our disposal towards the transformation of our industry and related disciplines to reflect and represent the totality of skills and contributions from our unique South African experience. We, further, pledge ourselves to the actualisation of empowerment and transformation goals as determined by prevailing industry needs and dictates in order to achieve meaningful and total involvement of those formerly excluded from the real process. We are irrevocably committed to changing our industry for the better and shall only open membership of the Association of Advertising Agencies to those who demonstrate their commitment to transformation by adopting and signing this charter.
We will therefore establish the advertising industry as unique to South Africa; for all the people of South Africa; by all the people of South Africa; promote the constitutional right of equality and the exercise of true democracy; eliminate unfair discrimination; ensure the implementation of employment equity to redress the effects of discrimination; achieve a diverse workforce broadly representative of our people; promote economic development and efficiency in the workforce; provide training and skills through the AAA School of Advertising to students previously excluded from access initiate practical training programmes for skills development; change the culture of our organisation and members to accept and implement the changes; seek and accept equity partners to reflect the true demography and rich cultures of South Africa; support and encourage each other in reaching our stated goals in letter and spirit; irrevocably bind ourselves to measures to achieve these goals within a reasonable time.
Weighting = 20 2.
15 (excl.
Weighting = 15 3.
Weighting = 15 4.
Weighting = 15 5.
BBBEE procurement spend from any of the following suppliers as a percentage of total measured procurement spend: 1. suppliers that are 50% black owned (2 out of 4 points) 2.
Weighting = 15 6.
Weighting = 15 7.
1 Ownership 20 points 1. QSEs must select five elements 2. At least one element must be selected from elements no. 1 to no. 3 [i.e.
1.1 We, signatories to the MAC Transformation Charter, having irrevocably committed ourselves to the goals and targets enshrined therein, acknowledge that transformation goes beyond numbers and percentage; it embraces the totality of our experience and raison d'etre.
1.2 We further accept that to achieve our goal of transforming the MAC industry, we must work together through a single representative body and harness and manage our resources in the most cost-effective manner.
1.3 Therefore, we resolve to a forum comprising representatives of all representatives from all stakeholders, empowered in terms of the BBBEE Act, 2003, to guide our industry in its quest to live up to the letter and spirit of the Act.
This forum shall be a policy-making body primarily responsible for formulating mandates of the MAC Charter Council and reviewing its reports.
2.1 The forum shall be known as "Marketing, Advertising and Communication South Africa". The abbreviated form of the name shall be the "MAC SA". Both names shall be duly registered and afforded all legal protection as properties and or trademarks of the MAC SA.
Likewise all icons, logos, logotypes, slogans and symbols developed specifically as part of the name and identity of the MAC SA shall be registered and protected under the relevant legal provisions.
To give meaningful expression and implementation of the BBBEE Codes of Good Practice gazetted by the dti, by facilitating and expediting transformation within the industry, by assuming the role of a national policy-making body that will give mandates to the MAC Charter Council, by formulating policies agreed upon, and with guidance of the MAC Charter Council, tracking its progress.
4.1 In accordance with the Codes of Good Practice, there shall be equitable representation of stakeholders in the membership composition.
4.2 In the interest of being representative of the collective experience of our country and to also avail itself of expertise, each stakeholder will be entitled to two representatives.
4.3 The MAC SA shall fulfil its mandate through the Secretariat of the MAC Charter Council.
STAATSKOERANT, 29 AUGUSTUS 2008 No. 31371 15 5.1 The MAC SA is accountable to all stakeholders, comprising representatives from the MAC stakeholder bodies.
5.2 The MAC SA will consist of two members from each stakeholder who have signed the MAC Charter (including those industries which are advocacy bodies).
5.3 The MAC SA will convene at least one annual meeting to report and interact with the MAC Charter Council.
The MAC SA may review its mandate if tabled at a fully constituted meeting, and if more than 25% of stakeholders in the MAC SA agree to the motion.
6.1 Each stakeholder representative shall serve for a minimum of two consecutive years with an option of another two consecutive years. No member may serve on the MAC SA for more than four consecutive years. No more than half of the members of the MAC SA may leave at the end of the first three years.
The chairperson of the MAC SA shall not be a chairperson of the MAC Charter Council.
7.1 The MAC SA shall hold a duly constituted meeting at least biannually in pursuance of its mandate. A special meeting may be convened if at least a third of voting members give their consent to the chairperson.
Every MAC SA meeting will be conducted in accordance with MAC SA's adopted rules and procedures. A quorum at a duly constituted meeting will be achieved when 50% of voting members are present.
8.1 All financial transactions will be undertaken under the auspices of the Secretariat of the MAC Charter Council, in accordance with general accepted accounting principles.
8.2 Financial reports will be presented to the MAC SA at every standing meeting.
8.3 The Secretariat shall arrange for an annual audit to be conducted and presented to the MAC SA.
8.4 The financial year will end on 31 March of every year.
8.5 The MAC SA will be funded by the stakeholders through the mechanism adopted by the MAC Charter Council.
9.2 A stakeholder will be disqualified immediately if found to have violated the provisions of MAC SA's Constitution.
10.1 MAC SA's Constitution can only be amended if 60% of all voting members give their consent at a duly constituted council meeting.
10.2 A notice of amendment to MAC SA's Constitution must be circulated for a period of 14 days before its implementation.
11.1 The MAC SA can only be dissolved if 60% of all voting members give their consent at a duly constituted meeting.
11.2 A meeting to discuss the dissolution of the MAC SA must be attended by 80% of voting members.
11.3 At least 21 days' notice must be given to all MAC SA members.
In the event that there is dissolution of the MAC SA, all assets will be ceded to the Media Development and Diversity Agency (MDDA).
12.1 Every member of the MAC SA shall be indemnified against personal claims made against that member, and in any losses and expenses incurred by that member in the execution of his/her duties of the work of the MAC Charter Council, except if acted in bad faith or negligence.
12.2 No member of the MAC SA shall have any liability for any commitments undertaken by the MAC SA.
014 3. 1. STAATSKOERANT, 29 AUGUSTUS 2008 CONSTITUTION OF THE MAC CHARTER COUNCIL PREAMBLE No. 31371 17 1.1 We, signatories to the MAC Transformation Charter, having irrevocably committed ourselves to the goals and targets enshrined therein, acknowledge that transformation goes beyond numbers and percentage; it embraces the totality of our experience and raison d'etre.
1.2 We further accept that to achieve our ideal, to be creators and custodians of a truly South African communication idiom, we must harness and manage our resources in the most cost-effective manner. We accordingly accept that there is a need for an efficacious and representative vehicle to help with the implementation and monitoring of the process.
1.3 Therefore, we resolve to establish a charter council, which will be empowered in terms of the BBBEE Act, 2003, to guide our industry in its quest to live up to the letter and spirit of the Act.
The MAC Charter Council has been established in terms of paragraph 15 of the charter to oversee the implementation of the MAC Transformation Charter with a view to promoting transformation and BEE within the MAC industry of the South African economy.
2.1 The council shall be known as the Marketing, Advertising and Communication Charter Council. The abbreviated form of the name shall be the MAC Charter Council. Both names shall be duly registered and afforded all legal protection as properties and or trademarks of the MAC Charter Council.
Likewise all icons, logos, logotypes, slogans and symbols developed specifically as part of the name and identity of the MAC Charter Council shall be registered and protected under the relevant legal provisions.
To give meaningful expression to and implementation of the BBBEE Codes of Good Practice gazetted by the dti, by facilitating and expediting transformation within the industry.
provide guidance on sector-specific matters affecting BEE in entities within the sector monitor, measure and evaluate entities within the sector against the MAC Transformation Charter compile reports on the status of BBBEE within the sector share information with the national monitoring mechanism and approved accreditation agencies, which can have specific relevance to BEE in the sector in terms of targets set out in the MAC Transformation Charter report to the Minister of Trade and Industry and to the Advisory Council on progress made by the sector implement programmes intended to leverage verification capacity within the industry.
4.2 The MAC Charter Council is required to apply good corporate governance principles in its daily functions.
4.3 The MAC Charter Council will provide oversight to the MAC SA.
5.1 In accordance with the Codes of Good Practice, there shall be equitable composition of stakeholders in the members of the MAC Charter Council. Stakeholders will each have one member represented on the MAC Charter Council.
5.2 In the interest of being representative of the collective experience of our country and to also avail itself of expertise, the MAC Charter Council will, co-opt five additional members from the other eight provinces, excluding Gauteng.
5.3 The MAC Charter Council shall be supported by a secretariat without voting rights.
6.1 The MAC Charter Council is accountable to a larger forum, the MAC SA, comprising representatives from each stakeholder, which is set up to give effect to the MAC Charter Council.
7.1 Each stakeholder representative shall serve for a minimum of three consecutive years with an option of another three consecutive years. No member may serve on the MAC Charter Council for more than six consecutive years. No more than half of the members of the MAC Charter Council may leave at the end of the first three years.
7.2 All co-opted members shall serve on the MAC Charter Council for not more than three consecutive years.
7.3 The chairperson of the MAC Charter Council shall not be a chairperson of the MAC SA.
8.1 The MAC Charter Council shall hold a duly constituted meeting every three months in pursuance of its mandate. A special meeting may be convened if a third of the voting members give their consent to the chairperson.
8.2 Every MAC Charter Council meeting will be conducted in accordance with the council's adopted rules and procedures. A quorum at a duly constituted meeting will be achieved when 50% of voting members are present.
STAATSKOERANT, 29 AUGUSTUS 2008 No. 31371 19 9.1 The council will be funded by the stakeholders, in a manner agreed to and accepted by all. Each stakeholder which is a member of the MAC Charter Council shall pay an annual contribution towards the costs of the MAC Charter Council, the amount of which shall be determined in the manner set out in 9.2.
9.2 Prior to the commencement of each financial year of the MAC Charter Council, the budget of the council for the following financial year shall be prepared by the Secretariat following discussions with MAC SA members. The annual budget will be prepared for MAC Charter Council approval at the last meeting of the board in the then current financial year.
9.3 The budget determined in the manner referred to in 9.2 shall bind the MAC Charter Council.
10.1 The financial year of the MAC Charter Council shall be the period commencing on 1 April of each year and ending on 31 March.
10.2 Financial books will be kept in accordance with general accepted accounting principles. Financial reports will be presented to the council at every standing meeting. The Secretariat shall arrange for an annual audit to be conducted and presented to the council.
10.3 The MAC Charter Council shall have all the powers necessary to carry out its mandate.
ceases to represent his/her stakeholders becomes an unrehabilitated insolvent is convicted of a crime and sentenced to more than six months' imprisonment and having to serve without the option of a fine contravenes and or violates the provisions of the MAC Transformation Charter.
11.2 A stakeholder will be disqualified if found to have violated the provisions of the MAC Charter Council's Constitution.
12.1 The MAC Charter Council's Constitution can only be amended if 60% of voting members give their consent at a duly constituted council meeting.
12.2 A notion of amendment to the MAC Charter Council's Constitution must be circulated for a period of 14 days before its implementation.
13.1 13.2 13.3 13.4 The council can only be dissolved if 60% of voting members give their consent at a duly constituted council meeting. A meeting to discuss the dissolution of the council must be attended by 80% of voting members. At least 21 days' notice must be given to all council members. Any assets will be ceded to the MDDA.
14.1 Every member of the MAC Charter Council and Secretariat shall be indemnified against personal claims made against that member, and in any losses and expenses incurred by that member in the execution of his/her duties of the work of the MAC Charter Council, except if acted in bad faith or negligence.
14.2 No member of the MAC Charter Council shall have any liability for any commitments undertaken by the MAC Charter Council.
Advocacy body: Those members of the MAC Charter Council who endorse or influence the transformation and the MAC Transformation Charter, due to their work and/or stakeholders.
BEE: Is defined as an integrated and coherent socio-economic process that directly contributes to the economic transformation of South Africa and brings about significant increases in the number of black people who manage, own and control the country's economy, as well as significant decreases in income inequalities.
BEE accredited: Enterprises that have been accredited by the South African National Accreditation System, on behalf of the dti, and which meet the minimum technical and BEE criteria for rating agencies. The main role of the BEE-rating agencies is to provide an independent opinion on the BBBEE status of enterprises. An accredited BEE-rating agency must have the capacity to evaluate, verify and confirm the BEE status of enterprises using the BBBEE Scorecard as presented in Statement 000. An accredited BEE-rating agency cannot issue an opinion on an enterprise with which it has a conflict of interest.
BEE transactions: All transactions for the acquisition, by black people, of direct ownership in an existing or new entity (other than a small and medium-sized enterprise [SME] in the marketing and communication industry and in other sectors of the economy) and joint ventures with marketing and communication ventures or other equity investments in BEE companies (other than SMEs).
BBBEE Codes of Good Practice: The dti publishes the Codes of Good Practice on BEE as per the requirements of the BBBEE Act, 2003. The BBBEE Codes of Good Practice are to be applied in developing, evaluating and monitoring BEE charters, initiatives, transactions and other implementation mechanisms. The statement contains basic principles and essential considerations, as well as guidance, in the form of explanatory and other material.
Black companies: Refers to companies that are more than 50% owned and controlled by black people.
Black-empowered companies: Refers to companies that are more than 25% owned by black people and where substantial participation in control is vested in black people.
Black-influenced companies: Refers to companies that are between 5% and 25% owned by black people and with participation in control by black people.
Black people: As defined in the BBBEE Act, 2003, save that it is limited to South African citizens. In terms of the implementation of the Codes of Good Practice, the term is further defined as Africans, coloureds and Indians who are South African citizens. For avoidance of doubt, this term does not include juristic persons or any form of enterprise other than a sole proprietor. Regarding this definition, "black women" means black people who are women and "black-designated groups" means black people who are also workers, youth, people with disabilities or people living in rural areas.
Black SME: Refers to an SME with a turnover ranging from R500 000 to R20 million per year, which is black, a black company or a black-empowered company.
Black women empowerment enterprises: Refers to companies that are more than 30% owned by black women, and where substantial participation in control is vested in black women.
Broad-based ownership: Where an empowerment shareholder represents a broad base of members such as employees (to the extent that the options have actually been exercised), collective and/or communities, or where the benefits support a target group, for example black women, people with disabilities and the youth. Shares are held directly or indirectly through non-profit organisations and trusts. At the same time, directors and management of the groups should predominantly compromise black people.
Charter Council: Refers to a charter council established in terms of paragraph 4 (Role of Charter Council) of the BBBEE Codes of Good Practice.
Company: Refers to an enterprise registered in terms of the Companies Act, 1973 (Act 61 of 1973), close corporations, trusts and any other such enterprise formed for business purposes. Control centres on the authority and power to manage assets, determination of policies and direction of business operations.
control structures of a business unit or of the company (such as shareholder meetings, board of directors, board subcommittees and divisional boards), the exercise of voting rights on the board of directors and committees thereof, and controlling equity.
Discrimination: Refers to discrimination as defined in the promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000).
Designated investment: Refers to any form of statutory or voluntary deposit saving, investment or risk insurance placed or made by the South African public (whether of a wholesale or retail nature, but not by one financial institution in another).
Direct ownership: Refers to ownership of an equity interest together with control over all the voting rights attaching to the equity interest.
Duly constituted meeting: Refers to a meeting convened according to the standard rules adopted by the MAC SA or the MAC Charter Council.
Enterprise development: Refers to support for existing, or fostering of, new black SMEs and BEE companies in the financial and other sectors of the economy.
Indirect ownership: Occurs where an institution or other investor owns equity in a company on behalf of beneficiaries and where there may not be direct participation by the beneficiaries in the voting rights.
Junior management: Means all employees with a package (excluding bonuses) in respect of which the cost to the employer is between R150 000 and R250 000 per year. If the bonuses are in excess of 50% of total remuneration, 50% of the bonuses will be included as part of the package. The salary bands will increase in line with consumer price index on 1 January each year, commencing on 1 January 2004.
MAC SA: A broad forum comprising representatives from each stakeholder group or industry who are signatories to the Transformation Charter, and who are guided by the MAC SA Constitution and its mandate.
Senior management: All employees with a package (excluding bonuses) in respect of which the cost to the employer is R450 000 or more per year, but excluding all employees who fall within the definition of executive management.
Middle management: All employees with a package (excluding bonuses) in respect of which the cost to the employer is between R250 000 and R450 000 per year.
expenditure classes covered elsewhere in the charter e.g.
all value-added tax payable.
Regulation or regulate: When used in this charter, it shall have a common law or economic meaning, depending on the context in which it is used.
Senior executive management: Refers to employees of an enterprise who are appointed by or upon the authority of the board of that enterprise, to undertake the day-to-day management of that enterprise, who have individual responsibility for the overall management (including financial management) of the enterprise and who are actively involved in developing and/or implementing the enterprise's strategy. Common examples of the senior executive management include without limitation, chief executive officers, chief operating officers and chief financial officers.
Small enterprise: A company is defined as a QSE if its annual turnover is between R5 million and R35 million, and if it follows the small enterprise scorecard. The small enterprise scorecard is "easier/more lenient" to achieve than the generic scorecard.
"Small business" means a separate and distinct business entity, including co-operative enterprises and non-governmental organisations, managed by one owner or more which, including its branches or subsidiaries, if any, is predominantly carried on in any sector or subsector of the economy, which can be classified as a micro, a very small, a small or a medium enterprise.
BEE transactions taking place on willing-seller and willing-buyer basis.
Stakeholder: All groups, organisations or individuals who can affect or who are affected by achieving the objective of the MAC Transformation Charter and are signatories to the charter.
Targeted investment: Refers to debt financing of, or other forms of credit extension to, or equity investment in South African projects in areas where gaps or backlogs in economic development and job creation have been adequately addressed by financial institutions. It specifically means financing of, or investment in: marketing, advertising and communication transformational infrastructure projects that support economic development in under developed areas and contribute towards equitable access to marketing, advertising and communication resources.
Voting member (MAC Charter Council): Any elected member of the MAC Charter Council, advocacy bodies and co-opted members, and who abide by the guidelines established by the MAC Charter Council and objectives of its constitution, are allowed to vote.
Voting member (MAC SA): A secretariat member represented on the MAC SA does not vote. All other members of the MAC SA, who abide by the objectives of the MAC SA Constitution and the guidelines established by the MAC SA, are allowed to vote.
Equitable funding by all stakeholders: This option requires that all the industry bodies represented on the Charter Council contribute equally to annual projected expenditure required, which can be made in cash and in kind, to support and operationalise the work of the Charter Council. Industry representatives will source funding from individual organisations that belong to that industry body.
Promotes a true sense of ownership, responsibility and buy-in from all members.
The contribution is a nominal amount because of the large number of industry representatives.
Relative ease of application and management.
Bridget von Holdt (Strategic Director of InZalo Communications) started Communications Consultants over 20 years ago. She is an active participant in the industry through PRISA and is involved in several initiatives to promote women's participation in business and commerce, in particular previously disadvantaged individuals.
Bridget personifies the passion and zest which have made InZalo Communications one of the country's leading strategic consultancies.
A secure client base built on years of mutual respect and unassailable service delivery attest to Bridget's standing in the industry. With such a broad base of clients, Bridget's knowledge of industry trends spans a wealth of areas, providing an ever-widening challenge to the role of communication.
Dikeledi is employed with the MAPPP-Seta as chamber manager. Her core responsibilities are to liaise with the advertising industry to establish their skills-development needs and address them in line with the Skills Development Act, 1998 (Act 97 of 1998), and Skills Development Levies Act, 1999 (Act 9 of 1999). She holds a B. Comm Honours degree in Economics and has extensive experience in curriculum development and policy.
Tshifhiwa Mulaudzi works for SAARF as a technical support executive. His responsibilities involve overseeing all SAARF products and technical aspects relating to surveys. This includes Television Audience Measurement Survey (TAMS), Radio Audience Measurement Survey (RAMS), All Media and Product Survey (AMPS) and Outdoor Survey. He previously worked for the SABC as market analyst at PBS Radio. He holds a Master's degree in Research Psychology from the University of Pretoria. He has extensive experience in the South African media landscape. He is also a member of the Pan-African Media Research Organisation (Pamro) and South African Marketing Research Association (Samra).
In an advertising career spanning four decades, Gordon Muller has held senior positions at a number of major international advertising agencies such as McCann-Erickson, Bates-Wells, Ogilvy & Mather, Saatchi & Saatchi and OMD South Africa.
In 1996, he founded GSM Quadrant, a media planning and strategic media consultancy. GSM Quadrant offers a variety of communication services, ranging from strategic communication and media planning, to media auditing, workshop facilitation and training programme development.
He has worked on a wide cross-section of local and multinational advertising business and has extensive experience of working on political campaigns in South and East Africa. As media director of Saatchi & Saatchi from 1989 to 1996, Gordon was a key figure in the development of the Africa Network systems, operational procedures and training.
A school guidance counsellor by profession, Gordon is a former chairperson of the Advertising Media Association of South Africa (Amasa), has served on the National Education Board of the Institute of Marketing Management and is the current chairperson of the AMF.
His book, Media Planning - Art or Science, is now in its third edition and is the prescribed text for the Institute of Marketing Management, Amasa/AAA School of Advertising Media Diploma, and the National Electronic Media Institute of South Africa. In conjunction with Amasa, his book was awarded the Media Director Circle's Media Innovator of Year Award for 1996.
Kagiso Musi has extensive experience in the MAC field in South Africa and in the Central African Republic region.
Kagiso is a graduate of the AAA School of Advertising (with various qualifications from AAA), University of South Africa (Unisa) and Vega School of Branding.
She is the chairperson of CAFÉ (Communication and Advertising Forum for Empowerment), a forum run by a group of young individuals from MAC industries.
Babs Naidoo is currently the Chief Director of the Communication Service Agency at GCIS. He holds a BA Honours degree in Anthropology from the University of KwaZulu-Natal, formerly the University of Durban-Westville. Babs has a wealth of knowledge in communication and marketing, accumulated over a period of 20 years. He has extensive experience of communication in the Public Service, and headed the communication unit of the Department of Water Affairs and Forestry from 1997 to 2006. Prior to joining GCIS, Babs was the Managing Director of Simeka TWS Communications. He was also the recipient of the inaugural National Bua Award for Excellence in Government Communication.
Mluleki Ncube has significant experience in general marketing and media audience research and in using TAMS, RAMS and AMPS databases. He gained most of his hands-on experience in marketing and media audience research when he worked for the SAARF. Mluleki was employed by SAARF as technical support executive from October 2000 until February 2005 when he was appointed CEO at Quest Research Services.
Mluleki holds an MBA in strategic management (Thames Valley University), is a chartered marketer, and part-time lecturer in Marketing Research at the AAA School of Advertising. He has travelled to countries such as Kenya, Ghana, Mauritius, Cameroon and Zimbabwe, coordinating Pamro.
He has presented a number of papers in international and local conferences. Among other things, "The Changing South African Landscape" was presented at the Samra Convention in May 2003 in Gaborone, Botswana. "The Flooding Radio Audience Research Methodology" was presented at the Pamro conference in August 2004 in Douala, Cameroon.
Mluleki is currently completing his doctorate in Business Leadership at the Unisa Graduate School of Business Leadership.
From an angry young black man to a mildly malignant middle-age tolerant executive. That's the short story of Nkwenkwe Nkomo. He joined Linday Smithers - FCB in 1983 as a trainee copywriter under Jim Haines and literally rose within the ranks to creative director, a position he held for seven years before being appointed deputy chairperson of Lindsay Smithers - FCB Sandton in 1995.
Nkwenkwe honed his skills in Chicago and is an alumni of the FCB advanced advertising programme class of 1987. He further enhanced his creative career with a stint in New York, traipsing between Madison Avenue and Fifth Street in the early days of the FCB and Lebber Katz marriage.
He served as a member of the Creative Directors' Forum until 1996 and while he never hoisted his own bird, he played a role as a Loerie Awards judge for some years before publicly dissociating himself from the awards. His passion for creativity in radio advertising saw him facilitating and presenting sessions for numerous radio writers' workshops with John Culverwell, Street Ramley etc.
Nkwenkwe is the past chairperson of the AAA, now known as the ACA. He is group chairperson of FCB South Africa. He is a lover of music, especially jazz, and a renowned mad-hatter.
Tebogo Serobatse is a qualified graphic designer and web-developer, who is serving her second term on the board of director's forum for THINK (South African Graphic Design Council). Her involvement with the industry has resulted in her participating in various industry-related concerns; and in judging panels of both student and professional design competitions, including the Loerie Awards.
Combining her natural artistic skill and her love for history and theory, she completed her BA Honours degree in Graphic Design. She continued researching design from the indigenous African perspective in completion of her M-Tech in Graphic Design, exploring the similarities between the visual arts produced during the Sophiatown Era and the Harlem Renaissance. Teaching came as a result of a combination of all those elements.
Currently, she is embroiled in a Master's degree in Education, specialising in Tertiary Education, through the University of the Witwatersrand. Having started in the print-design field, she moved on to digital design, and in fact, still dabbles in both. This gives her a unique perspective in her current position as design lecturer.
<fn>GOV-ZA.313En.2012-02-10.en.txt</fn>
Public Enterprises Department: REPUBLIC OF SOUTH AFRICA public enterprises Do not use any colours other than the ones specified in these guidelines. Use only the colour chosen by the department, i.e.: orange or green or brown or black.
Public Enterprises Department: REPUBLIC OF SOUTH AFRICA public enterprises No changes may be made to the font type or size. The font must always be Gill Sans Regular in lower case. The name must always be in the colour chosen by the department.
public enterprises No changes may be made to the order of the national Coat of Arms and the department's naming structure.
REPUBLIC OF SOUTH AFRICA hand side with the descriptors on the right.
Public Enterprises such as the South African passport.
Public Enterprises Department: REPUBLIC OF SOUTH AFRICA public enterprises No rotation, skewing or distortion may be made to the logo. Always follow the rules for the control grid.
Public Enterprises Department: REPUBLIC OF SOUTH AFRICA public enterprises The full colour version of the national Coat of Arms may not be used as a watermark.
<fn>GOV-ZA.31408958En.2012-02-10.en.txt</fn>
I, Dr. Ivy Matsepe-Casaburri, Minister of Communications, hereby in terms of section 3(1) of the Electronic Communications Act, 2005 (Act No. 36 of 2005), make the Broadcasting Digital Migration Policy in the Schedule.
Dr. Ivy Matsepe-Casaburri Minister of Communications
List of Acronyms.
Foreword by the Minister......
Executive Summary.
Context ............ ............ ...... ...... .... ............ ...... ...... ..................... ......... ...................... 4 1.
Digital Broadcasting: New Horizons 4 1.
Legislative Framework 5 1.
The Benefits of Broadcasting Digital Migration 5 2.
Knowledge Economy in South Africa 6 2.
Increasing Access to Information and Services through e-Government 6 2.
Building National Identity and Social Cohesion ................................... 7 2.
Digital Broadcasting Serving the needs of the Disabled 7 2.
Development of the electronics and local content industries 8 3.
Digital switch-on and analogue switch-off 9 4.
Specifications for STBs in South Africa 11 6.
Radio Frequency Spectrum as a National Public resource 12 7.
The Establishment of the Digital Dzonga.
The migration of our country's broadcasting system from analogue to digital is set to revolutionize the world of broadcasting across the globe. For South Africa, this is an opportunity to position the country alongside leading countries in Region 1 comprising Africa, Europe, the Middle East and the Republic of Iran. As a country, the migration is set to accelerate our economic growth, thus assisting in the achievement of the development goals particularly our quest to eradicate poverty.
This Broadcasting Digital Migration (BDM) policy sets our parameters of migrating the country's broadcasting from analogue to digital. The parameters were planned around the three-year dual illumination period commencing on 1 November 2008 as approved by Cabinet in 2007. The policy is an outcome of a strong collaboration between government and industry and their firm commitment in building a people-centred and inclusive information society, thus improving the lives of our people.
In this era of heightened demand for spectrum, digital migration will provide us with opportunities to offer different services and applications to our people.
multiple channels prioritizing parliamentary services, education, Small , Micro and Medium Enterprises (SMMEs) and youth.
overcoming the country's perennial broadcasting coverage problems by using satellite in areas with difficult topography. This is part of our vision to realize universal access.
In conclusion, the time to migrate to digital broadcasting system has inevitably arrived. We need to embrace it because it is a major step in improving our people's lives and I sincerely hope that this policy is a bold step in our quest to achieve that goal. The looming switch-on date on 1 November 2008 requires us to work at a lighting speed concomitant with our business unusual strategy as announced by the President of the Republic in his state of the Nation address earlier this year because the future is digital.
Dr. I. Matsepe-Casaburri
The Minister of Communications, Dr Ivy Matsepe-Casaburri would like to thank the Digital Migration Working Group (DMWG) established in 2005 which made far-reaching recommendations that paved the way for the migration of South Africa's broadcasting systems from analogue to digital. Members of these working committees were obtained from Government, broadcasting industry, organised labour and civil society.
The tireless effort displayed by Mr Aynon Doyle, Mr Linden Petzer, Ms Lara Kantor, Mr Johan Koster and Karen Willenberg as the leaders of four specialised working committees of DMWG (Policy, Technical Content, and Economics) deserve special accolades.
Members of the public and the industry are recognised for their valuable inputs into the draft of this Policy when it was released in March 2007. It is through these inputs that this Policy is complete and tabled for implementation.
The Consultants commissioned by the DOC to support the work of the DMWG, particularly on a substantive economic model for broadcasting digital migration as a tool to identify possible policy option, should also be acknowledged.
The 2006 Regional Radiocommunication Conference (RRC-06), resolved to switch from analogue to digital broadcasting services by 2015. Broadcasting Digital Migration is the process of converting the broadcast of television and radio signals from analogue to digital technology. This policy document focuses on the migration to digital terrestrial television. Globally digital sound broadcasting (radio) has, for various reasons, not been given the same sense of urgency. However, after analogue television switch-off more radio frequency spectrum will become available to accommodate digital sound broadcasting in the allocated Band.
The migration of the national broadcasting system from analogue to digital promises not only a variety of opportunities, but it also places a number of challenges which require robust policy approaches if national development outcomes are to be achieved. This process is critical not only for the future of the local broadcasting industry but also has significant implications for the whole South African economy.
The South African Society is confronted by a wide range of developmental challenges such as reducing the digital divide and the information gaps, as well as building social cohesion and a common national identity, poverty eradication, and employment creation. Digital broadcasting has the potential to contribute significantly to addressing these challenges. Accordingly, the South African Government has identified broadcasting digital migration as a national priority.
The key benefit of digital broadcast technologies is that they use scarce national radio frequency spectrum far more effiCiently than analogue technologies. This means that existing broadcasting services can be provided using less of the radio frequency spectrum they currently occupy/ hence the additional and dedicated delivery of government information, education, health and SMME programmes, digital broadcasting facilitates the delivery of e-government services, the opportunity for developing new skills and the creation of new jobs, and new investment opportunities. In this way broadcasting digital migration can directly contribute to the Accelerated Shared Growth Initiative of South Africa (ASGISA).
The radio frequency spectrum freed-up through the digital migration process, often referred to as 'digital dividend', has the potential not only to provide new and improved broadcasting, but also to enable additionallCT services traditionally not provided in the broadcasting radio frequency Band, such as mobile telephony and wireless broadband. The digital dividend, however, can only be realised after the migration process is completed.
Digital migration begins with the 'switch-on' of broadcasting digital transmission signals and ends with the 'switch-off of analogue ones. Until analogue switch-off occurs there is a period of 'double illumination' during which both analogue and digital services are simultaneously broadcasted.
In order to continue viewing television using the current analogue TV sets, the public will be required to use Set-Top-Boxes (STBs) which convert the transmitted digital Signal to analogue.
For the digital migration process in South Africa to be successful within the three year dual illumination, it is necessary to have a clear government policy and Implementation Plan. Also critical is the co-operation of all the relevant stakeholders working together with government. Given the country's socio-economic status, it may also be necessary to consider incentive schemes to support a significant number of households.
This policy draws on the outputs generated and key recommendations made by the Digital Migration Working Group (DMWG) established by the Minister in 2005 as well inputs received from the public through public participation process during March/April in 2007.
The switch-on date of the broadcasting digital terrestrial television signal is 01 November 2008 and the switch-off date of the analogue terrestrial television signal is 01 November 2011. This shorter 3-year dual illumination period will reduce the costs of digital migration.
Achieved in a phased manner, national broadcasting digital signal coverage shall be covering 50% of population by 2008, 80% of population by 2010 and close to 100% by 2011 enabling analogue switch-off.
During dual illumination period, two (2) national multiplexes will be reserved for incumbent broadcasters, designated for public as well as commercial broadcasting services.
The network of radio frequencies dedicated for public broadcasting shall be co-assigned to and managed by Sentech as the common carrier on a non-preferential and non-discriminatory basis.
Sentech must also provide broadcasting signal distribution to commercial broadcasters, taking into consideration rights of commercial broadcasters to self-provide as contained in the existing legislation. Such services shall also be provided on non-preferential and non-discriminatory basis.
The public broadcaster shall cater for public regional television channels as well as channels prioritising education, health, youth, sports, SMME, Parliamentary and government and interactive services needs.
Regional Television services will be required to provide an open window for community television broadcasting for a minimum period to be determined. ICASA will provide the necessary regulations and guidelines for implementing this policy provision.
Two metropolitan networks of frequencies designated for the provision of mobile broadcasting service, shall be operated by a single network operator with a possibility to achieve national coverage.
DVB-T (EN 300 144) is adopted as the national standard for broadcasting digital terrestrial television in South Africa.
DVB-S (EN 300421) is adopted as the national standard for broadcasting digital satellite television in South Africa.
MPEG-4 is adopted as the compression standard for South Africa's Digital Terrestrial Television (OTT) rollout, while existing direct-to-home (DTH) services continue to use MPEG-2 with the option to migrate to MPEG-4 when commercially viable.
The STBs shall be enabled to receive services from different platforms and operators. STBs will have standardised operating systems prioritising security features, interoperability and inter-connectability.
As a means to achieve universal service and access in digital terrestrial broadcasting basic STBs will be made affordable and they shall be sourced primarily from South African manufacturers. This is part of government's vision to contribute to job creation and South Africa's global excellence in the manufacturing of STBs.
Digital broadcasting must contribute significantly to accelerating the building of social cohesion and achieving national identity in South Africa through the dissemination of appropriate content that adequately reflect the country's cultures.
Noting the challenges relating to infrastructure, Digital Content Generation Hubs (DCGHs) aimed at generating content for the digital broadcasting shall be established. The DCGHs will also contribute to the development of the Creative Industries as well as job creation.
A special skills development programme through digital content generation hubs will be established to support the growth of the Creative Industries as part of ASGISA.
ICASA shall ensure that access to public broadcasting services by all South Africans, regardless of their economic status, remains a fundamental principle that should continue to be upheld in the digital broadcasting era.
The 2006 Regional Radiocommunication Conference (RRC-06) of the International Telecommunication Union (ITU) resolved that all countries of Europe, Africa, Middle East as well as the Islamic Republic of Iran should migrate from analogue to digital broadcasting services by 2015. This is set to mark the beginning of the end of analogue broadcasting in these regions.
Broadcasting Digital Migration is the process of moving the broadcasting of television and radio from analogue to digital. This policy document focuses on the migration to digital terrestrial television (DTT).
Although there are challenges, the migration of the national broadcasting system from analogue to digital brings with it a variety of opportunities. The process is also critical for the future of the local broadcasting industry as well as the South African economy as a whole.
South Africa is confronted with a wide range of developmental challenges such as the digital divide as well as building social cohesion and a common national identity, poverty eradication, and employment creation. Digital broadcasting has the potential to contribute significantly to addressing these challenges. Accordingly, the South African Government has identified broadcasting digital migration as a national priority.
The key benefit of digital broadcasting is that it uses the scarce national radio frequency spectrum far more efficiently than analogue technologies. This means that existing broadcasting services can be provided using less of the radio frequency spectrum they currently occupy.
The Broadcasting Digital Migration Policy (herein after referred to as the Policy) sees the delivery of quality education, health and small, medium and micro enterprises (SMMEs) programmes, the opportunity for developing new skills and the creation of new jobs, and new investment opportunities as an important component of digital broadcasting in South Africa. In this way, broadcasting digital migration can directly contribute to the Accelerated Shared Growth Initiative of South Africa (ASGI-SA) and be another tool in the war against poverty.
7 The radio frequency spectrum freed-up through the digital migration process, often referred to as 'digital dividend', has the potential not only to provide new and improved broadcasting, but also to enable additional ICT services traditionally not provided in the broadcasting radio frequency band, such as mobile telephony and wireless broadband as well as dedicated delivery of government information and services.
Digital migration begins with the 'switch-on' and transmission of broadcasting digital signals and ends with the 'switch-off' of analogue ones. Until analogue switch-off occurs, there is a period of 'dual illumination' during which both analogue and digital signals are simultaneously transmitted.
In order to continue viewing television using the current analogue TV sets, the public will be required to use Set-Top Boxes (STBs) which convert the transmitted digital signal to analogue. Otherwise, it will be necessary to acquire digital-enabled TV sets.
For the digital migration process in South Africa to be successful within the three year dual illumination or transitional period decided by Government, it is necessary to have a clear government policy and Implementation Plan. Also critical is the co-operation of all the relevant stakeholders working together with the public.
A Digital Migration Working Group (DMWG) was established by the Minister of Communications in 2005 to develop key practical recommendations and to contribute to the development of a national policy for South Africa. This Policy draws on the outputs generated by the DMWG as well inputs received from the public and other stakeholders through public participation process and special meetings held.
The future development of the broadcasting industry globally will be impacted by the process of digitization and convergence of communication technologies. These trends and pressures impact not only on legacy broadcasting operations, but also brings to bear new and emerging businesses based on the provision of innovative digital services and applications. For the purpose of this Policy, digital broadcasting refers to what is defined in Digital Migration Working Group Report (2006: 10) as "the practice of using advanced compression techniques to encode and transmit audio, video and image signals reSUlting in more efficient bandwidth usage". This allows content providers room to provide more services or a higher quality Signal than has previously been available.
2.2Given the increasing uptake and usage of mobile services and the need to increase broadband access in South Africa, this Policy takes into account and provides for new developments in ICT services and also provides for the allocation of frequency spectrum to enable the licensing of mobile broadcasting services.
the development of a South African world-class electronic manufacturing industry i the development of the creative industries; and j provide for the establishment of a body referred to as Digital Dzonga to monitor the implementation of and raise public awareness about digital migration in South Africa.
Broadcasting digital migration in South Africa does not take place in a legislative vacuum. Digital Broadcasting was initially mooted in the White Paper on Public Broadcasting of 1998.
The migration to digital broadcasting will result in the availability of more channels, thus bringing more access to broadcasting and content diversity to the public. This will enhance the country's ability to provide universal services and to ensure more equitable access to information.
Broadcasting Digital migration presents the country with a unique opportunity to positively shape the future dynamics of the Information and Communications Technology (lCT) sector.
better picture quality; and, d potential for special interactive services to cater for people with visual and hearing impairments such as audio description and subtitling, and e-government delivery.
These benefits provide a clear case for South Africa to prioritise the migration to digital broadcasting. Digital broadcasting provides not only the space within which new and cuttingedge technologies can be developed, but more importantly, it has the potential to directly contribute to socio-economic development and the improvement of the quality of life of all the people in South Africa.
Digital broadcasting has a key role to play in the socia-economic and cultural development of South Africa. It is of fundamental importance in the emerging Information Society and knowledge economy, in which access to information and knowledge is regarded as a prerequisite to economic and societal development. The Policy deliberately takes advantage of the opportunity provided by the process of migrating from analogue to digital broadcasting to accelerate the achievement of the country's socio-economic development goals in general and the Millennium Development Goals (MDGs) in particular.
In South Africa digital broadcasting will play a key role in building an inclusive developmentoriented Information Society in accordance with and towards meeting South Africa's commitments with respect to the World Summit on Information Society. The country's Information Society vision is to "establish South Africa as an advanced information society in which Information and Communication Technology tools and information are key drivers of economic and societal development".
Universal Service and Access or the availability and accessibility of broadcasting services to all citizens is a key component of successful digital migration. In order for households to continue to receive television services on their current analogue TV sets after the analogue signal is switched off on 1 November 2011, Set-Top-Boxes (STBs), which convert the digital signals into analogue signals, are required. The total TV-owning households in SA are estimated at 7.5 million, of which approximately 94% rely exclusively on free-to-air broadcasting services. Of these 7.5 million TV households, about 4.5 million are poor households who would find it very difficult to afford STBs by November 2011.
Government has decided, as a matter of policy, to consider finding means of making the STBs affordable and available to the poorest TV-owning households. This support by Government should be seen as part of its commitment to bridging the digital divide in South Africa. Accordingly, for South Africa, the STBs will have special features which enable access to egovernment services for all citizens, especially those who thus far have had limited or no access. Digital broadcasting also enables the provision of services in a multiplicity of languages, thus increasing access to information which in line with Government's Information Society viSion, is an important tool for societal and economic development. This is essential to meet our poverty reduction goals.
The South African Government adopted ASGI-SA in 2005. This initiative aims to guide and improve the country's economic growth. South Africa's economy is projected to reach 6% growth rate by 2010.
The leT sector is one of the sectors identified as having the potential to contribute to the achievement of ASG I-SA objectives through infrastructure roll-out, reducing cost of doing business, small business development and contributing to creating a macro-economic climate conducive for economic growth.
Globally poverty is associated with low access to information and knowledge. Government therefore regards greater information and communication flows within and between communities and regions as an important tool in the war agaist poverty in South Africa. The digital divide is to some extent a cause as well as a consequence of poverty.
Access to government information and services, in particular, is fundamentally important in poverty eradication efforts. Through the effective application and use of ICTs (e-government), opportunities are created for the efficient management of information to the citizen, better service delivery, the empowerment of people through access to information and participation in public policy decision-making1 Government therefore decided that as a matter of policy the South Africa STB will be a tool for access to information and services for all South Africans.
The migration to digital broadcasting will create opportunities for the development, use and wide dissemination of local content in all eleven (11) official languages. It will also advance the expression and the efficient communication of the knowledge and experience of all communities and the country as a whole. It could contribute to the integration of people from different ethnic or racial backgrounds, thus contributing to nation building.
During dual illumination, during which both analogue and digital signals are simultaneously transmitted, community television services will be accommodated on the public national frequency network.
The traditional model for South African content regulation is based on minimum percentages and took into account factors which applied in a single channel analogue environment. Given the new digital broadcasting era, these content quotas shall be reviewed by the Independent Communications Authority of South Africa lCASAI to reflect the multi-channel digital environment.
Although coverage limitations will be overcome in the digital environment, access to public broadcasting services by all South Africans, regardless of their economic status, remains a fundamental principle that should not be diluted by the digital migration process.
This Policy provides that the "must carry" arrangements, which require broadcasting services to carry public broadcasting services, continue in the new digital environment, fulfilling the important aspect of providing public broadcasting services to all citizens.
Closed Captioning is embedded in the television signal and becomes visible when a special decoder is used. The South African decoder will, as a matter of policy, enable viewers to see captions which assist them to read what is being said in that particular programme.
It can be helpful in noisy environments; and c It can also be used to follow programming which is in a different language.
Captioning services are therefore essential for addressing the needs of many people, especially those with hearing disabilities.
UN Global e-Govemment Readiness report, 2005 2.
Currently, South African firms are manufacturing STBs for the local subscription TV market as well as some for foreign countries. The country also has greater export capabilities and potential as global demand for decoders increased in the previous few years. In this regard, South Africa is one of the pioneers in STB technologies with the initial design and manufacturing of decoders in the early 1990s.
Building our STB manufacturing capabilities, Government has decided to support the industry through the development of a world class South African electronics industry.
This means that the industry will need to increase investment in capital production machineries to meet the expected demand for electronic equipment, particularly STBs. A strategy to develop this electronics industry, building on the current an new players in the STB manufacturing sector will be developed with business unusual speed.
The local development of STBs will bring to bear a whole new value chain required to meet the production levels. It will enable the training and employment of local people in different sections of the industry.
As part of contributing to the objectives of ASGI-SA through enhancing global excellence in the manufacturing of electronic goods, the manufacturing of STBs locally will be implemented within the context of the National Industrial Policy Framework.
The experience of manufacturing of STBs in South Africa will accelerate the development of the integrated digital television manufacturing capacity. This will result in the manufacturing of TV sets that will no longer require STBs to receive a digital signal post dual illumination as the electronics of the STB will be integrated into the TV sets.
As part of contributing to job creation and South Africa's global excellence in electronics manufacturing, STBs shall be sourced primarily from South African manufacturers.
Digital broadcasting will require concerted efforts to increase the pace of generating digital content. Digital Content Generation Hubs (DCGHs) aimed at generating content for digital broadcasting shall be established. The DCGHs will also contribute to the development of the Creative Industries as well as job creation.
The development of Creative Industries will be implemented within the context of the National Industrial Policy Framework.
Taking into account the resolution of the ITU that the transition from analogue to digital terrestrial television broadcasting should end on 17 June 2015, the Cabinet decided that in South Africa, the switch-on date of the broadcasting digital signal and the switch-off date of the analogue signal should be on 01 November 2008, and 01 November 2011 respectively.
The Government recognises that the aggressive three (3) year dual illumination period in South Africa will be a significant challenge.
bl c Room to manoeuvre in relation to the globalITU-RRC agenda for digital migration; Bridging the 'digital divide' between technology have and have-nots; and d Support for the emerging digital broadcasting industry in terms of the deployment of services, content and equipment.
The Policy offers certainty and transparency for the public and all stakeholders. Because of its focus on incentives for new investment in network assets and for innovation in digital content services, the phased migration to the new digital services offers existing market participants the scope to plan their own commercial strategies to take advantage of the new digital opportunities.
4.1 The STB will allow users to view digital transmissions on their current analogue TV sets. It decodes the broadcast digital video stream and converts it into a signal that can be displayed on an analogue TV set. The timing of the availability of STBs in South Africa will have a significant impact on terrestrial digital broadcasting rollout decisions.
4.2 These technologies also govern the consumer experience and provide the platform for receiving not only broadcast transmission, but also a range of other advanced applications. Broadcasters are also able to better understand and manage relationships with their consumers.
4.3 The current STB market in South Africa is vertically integrated, with subscription broadcasters controlling the models of STBs that are used on their network platform. In the digital broadcasting era, STBs must be enabled to receive services from different platforms and operators. This will allow different service providers to gain access to the same consumers and vice-versa for the consumers to have inter-changeability between service providers.
The STB specifications will ensure that households continue to have access to television services using their current analogue television sets. These boxes will also serve as important tools for access to government information and services.
5.1.2.4 have a secure on screen or over the air software download feature to enable service enhancement over the STB lifetime.
5.1.2.6 have a return path capability feature in the STB which enables the public to receive as well as send a message back, as opposed to only receiving messages.
5.1.2.7 capabilities to unscramble the encrypted broadcast signal so that only fully compliant STBs made or authorised for use in South Africa can work on the network.
There are numerous standards for digital broadcasting in use across the world.
5.1.3.1 DVB-T (EN 300 744) is adopted as the national standard for terrestrial digital television broadcasting in South Africa. DVB is reported to be the fastest growing DTT platform in Europe and other parts of the world. Many governments have started to plan for analogue switch-off and DVB-T has become the de facto standard, which has been adopted by the whole of the ITU Region 1 comprising Europe, Middle East and Africa.
5.1.3.2 MPEG-4 is adopted as the compression standard for South Africa's DTT rollout.
This Policy recognises that the Radio frequency spectrum is a national resource and that Government has a responsibility to use such a resource in the public interest, prioritising it for developmental objectives.
Digital broadcasting uses scarce the frequency spectrum far more efficiently than analogue technologies. Research indicates that the largest single benefit of digital migration is the freeing up of valuable radio frequency spectrum that is currently used for analogue television transmission. In broadcasting digital migration processes the freed up spectrum is generally used for the provision of other services in addition to television such as wireless services and mobile television.
South African digital migration is occurring at a time when technological advances in mobile telephony and wireless broadband are making these services increasingly attractive to consumers. This Policy envisages the licensing of such services to the benefit of the majority of South Africans.
Radio frequency spectrum propagation does not respect international country borders. These factors, together with the fact that radio waves are capable of causing harmful interference over very long distances, make it essential for radio frequency usage to be internationally coordinated with South Africa's neighbours in the Southern African Development Community (SADC) region to ensure interference-free operation of services.
Where appropriate, South Africa will utilize opportunities provided through NEPAD and within African Union structures to ensure harmonization with neighboring countries. In other instances, bilateral initiatives will be necessary to provide support to neighboring countries with their digital migration processes.
In line with the objectives of ensuring fair, efficient and equitable allocation of radio frequency spectrum for public and private use, this Policy proposes that the public broadcaster, on its own or in partnership, cater for three public regional television channels as well as channels prioritising education, health, youth, SMMEs, interactive services, as well as Parliamentary and government information and services needs. In addition, regional television services offered by the public broadcaster will be required to provide an open window for community television services.
Competition should be promoted within the limits of available spectrum in order to ensure a smooth migration to digital broadcasting in the country and to provide a multiplicity of sustainable services to benefit both the public and the broadcasters.
This Policy contemplates that about eight (8) standard definition digital channels will be created per radio frequency currently assigned to one analogue channel.
During the transitional period two (2) national multiplexes will be reserved for both public and commercial broadcasting services.
In terms of the Broadcasting Act, the network of radio frequencies dedicated for public broadcasting shall be co-assigned to and managed by Sentech as the common carrier on a nonpreferential and non-discriminatory basis. Sentech must also provide broadcasting signal distribution to commercial broadcasters, taking into consideration that the ECA allows for self provisioning by broadcasters. Such services shall also be provided on non-preferential and non-discriminatory basis.
Consistent with the ITU Treaty, this Policy further provides for the establishment of two (2) metropolitan frequency networks designated for the provisioning of mobile broadcasting services during dual illumination period.
The rollout of the digital terrestrial transmission infrastructure shall aim to achieve the national coverage of the digital broadcasting signal in a phased manner, aiming to cover 50% of population by end of 200B, BO% of population by 2010 and close to 100% by 2011, thus enabling analogue switch-off in South Africa. Areas that are difficult to reach will be covered by satellite means.
B.2 The Policy provides for the establishment of a body to be known as Digital Dzonga. It will comprise representatives from the public, government, industry, organised labour and consumer groups. Key among its functions include: consumer education and awareness, liaison with relevant stakeholders, including ICASA and STBs manufacturers, monitoring the implementation and providing regular reports to the Minister of Communications.
9.1 This Policy is guided by the unique challenges that the country faces. In addressing these challenges, the Policy seeks to make South Africa as a global leader in harnessing ICTs for socio-economic development. This Policy will assist the Government to meet its commitments to the people of South Africa as well as to the global community, especially the developing world.
9.2 It is Government's intention to continue on an open and inclusive partnership, taking along all stakeholders in an effort to achieve successful migration to digital broadcasting services in South Africa.
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No. 14 of 2008: South African Judicial Education Institute Act, 2008.
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No. 13 of 2008: Special Pensions Amendment Act, 2008.
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No. 15 of 2008: Agricultural Debt Management Repeal Act, 2008.
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What is Mental Health?
Home > Documents > Public Information > W &gt What is Mental Health?
A concise and clear document on what mental health and mental illness means. An informal questionnaire on coping with stress and answers to frequently asked questions about mental health.
Mental health is not merely about the absence of mental illness, but rather the presence of mental health and wellbeing. Mental health is about how you feel about yourself, how you relate to others and how you deal with the opportunities, difficulties and challenges of everyday life.
Mental Health is about finding a balance between dealing with the difficulties in life and using the opportunities life presents for further development. Get to know your Strengths (work at growing these) and Vulnerabilities (work at overcoming or getting support for these) and learn to recognize when you are not coping and at risk for unhealthy stress.
We may not feel mentally healthy or positive about life all the time. Generally, our own strengths or resilience, with support from others, can assist us to bounce back from a crisis or stressful situation during which we are not feeling well balanced in our lives. Some stress can be challenging and enjoyable (a new job, different responsibilities).
Test your level of stress. Read through the questions below. For each time you answer "yes", put a tick in the box.
Do you feel tired all the time?
Do you suffer from headaches, ulcers or indigestion?
Do you find it difficult to concentrate?
Do you struggle to relax?
Have you lost interest in sex?
Have you lost interest in hobbies and other activities which you enjoyed?
Have you lost your appetite or are you eating more than usual?
Are you always late for work?
Do you avoid your colleagues?
Do you feel angry, irritable or "down in the dumps"?
Do you bring your work problems home with you at night and over weekends?
Are you making rash impulsive decisions?
Do you find it difficult to make decisions?
If you recognise yourself in the Stress Test, you may be suffering from job stress. Most of us feel this way for brief periods at some point in our lives. While there are no easy and quick fixes to some of the problems we have, it is best to take steps to reduce stress at work to regain or protect your mental health.
Reset your priorities, where possible: Focus on the important things.
Be realistic: Divide projects into manageable tasks, Recognise what you can/cant do.
Be honest with your colleagues/boss: Suggest practical improvements to the situation.
Take care of your physical, mental and personal life: Don't neglect friends and family.
Build in time to relax: Learn to say "no" Lose the guilt about relaxation time.
Get support: Identify people with whom you can share problem and work out solutions.
An important part of maintaining your mental health at home and work is to recognise when you have or may be at risk to develop mental health problems. Information, and if necessary, assessment and advice about treatment may be obtained from your local community health centre, GP or occupational health nurse or clinic. Private practitioners such as psychiatrists, clinical psychologists and clinical social workers may also be of assistance.
Mental health problems span a wide range of conditions, from milder conditions that could benefit from easily attainable changes in lifestyle and stress levels to more severe conditions which may require hospitalisation and ongoing regular treatment to enable you to manage every day life at home and at work. Some conditions are more likely to appear at specific periods, for example post-natal depression in new mothers, mental deterioration (Dementia) in the elderly. Others may appear at any phase of life.
Below is a list of some signs and symptoms in 3 categories within the wide range of possible mental health problems we may experience, to help you do a spot mental health problem check! Where these symptoms or other regular patterns of relating or behaving interfere with your performance at work or study and disrupt your and your loved one's family and social life, it is possible that you have a mental health problem that requires attention.
Do you Constantly feel sad or irritable or both (snappy or tearful)... Lack interest or pleasure in activites you used to enjoy... Feel helpless, hopeless guilty and worthless... have poor concentration and memory,have difficulty making decisions...think about death or suicideFeel tired and lack energyHave weight gain or loss (no appetite or eating compulsively)Have sleep problems (too much or too little), not feel rested...have agitated or slowed activity levels(time passes too quickly)?
Do you experience feelings of panic, tension or excessive worryhave fears of dying or losing control...fear not being able to escape from places, and avoid leaving familiar places...have feelings of unreality...fear and avoid social situations...become light-headed, breathless or dizzy... have stomach pains, headaches muscle tension or feelings of numbness ortingling..?
Are there times when you hear voices, see images, feel or smell things which others do not seem to seeyour head feels empty of thought, your thoughts seem vague and unrelated and difficult to organise...you have strong beliefs which others cant understand, for example, others want to harm you, or you have special powers and knowledge...you feel others can 'read your thoughts or you can read theirs....your emotional tone becomes 'flat'' or odd to others...your ability to manage daily personal hygiene and tasks deteriorates?
People may avoid dealing with their mental health problem or emotional difficulties by "self medicating": They may do this by excessive use of over the counter or prescribed medication, alcohol or other drugs.
While this may provide temporary relief from symptoms, it can also lead to problems of addiction without addressing the underlying problem. You may need help to stop if you have already started this practice. People with mental health problems may not seek seeking the help they need, because of beliefs that mental illness is a sign of personal weakness, laziness, social unacceptability or "wishful thinking".
The facts are clear: Mental illness, like physical illnesses, can affect anyone. Mental health problems are painful and can hurt as much as a physical injury, and it is best to obtain help early to promote the fullest possible recovery. The sooner you obtain help, the sooner you may feel better. The first step to obtaining help is to accept that getting help is the right thing to do!
social workers, psychologists, psychiatrists and other health professionals.
You may also wish to call a local Hotline to discuss this problem.
Tel: 021 938 9229 www.mentalhealthsa.co.
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No. 18 of 2008: Prohibition or Restriction of Certain Conventional Weapons Act, 2008.
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No. 19 of 2008: Local Government Laws Amendment Act, 2008.
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No. 20 of 2008: Judicial Service CommissionAmendment Act, 2008.
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No. 21 of 2008: Air Services Licensing Amendment Act. 2008.
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No. 16 of 2008: Social Housing Act, 2008.
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No. 31 of 2008: Jurisdiction of Regional Courts Amendment Act, 2008.
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No. 25 of 2008: Correctional Services Amendment Act, 2008.
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The department aims to deliver an integrated, accessible, safe, reliable, affordable and sustainable transport system and quality property infrastructure provision through socially just, developmental and empowering processes to improve the quality of life for all.
Corporate services provides overall leadership and management of the department through the minister and head of department as well as administrative and financial support to all the branches within the department.
Public works focuses on the construction of new facilities, and the upgrading, rehabilitation and maintenance of existing facilities in consultation with user departments. It also manages the province's property portfolio.
Roads handles the construction and maintenance of provincial proclaimed roads and the administration of all aspects relating to motor vehicle licensing and registration fees, as well as the government motor transport division.
Public transport provides public transport services and infrastructure.
Community-based public works programme employs empowering processes to provide community development programmes.
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PinrnlllFarrn, 164 Katherine Private 8ag XiOOD2, Sandto!
I, Mr, Paris Mashile, the Chairperson of the Independent Communications Authority of South Africa (the Authority) hereby publish regulations in the attached Schedule, made and approved by the Authority in terms of section 4(1) of the Electronic Communications Act, 2005 (Act NO.
Independent Communications Authority of South Africa Act, 2000 (Act 1\0.13 of 2000).
In these regulations, any word or expression to which a meaning has been assigned in the Electronic Communications Act, 2005 (Act No.
"the Act" means the Electronic Communications Act 2005, (Act NO.
"Electoral Act" means the Electoral Act, 1998 (Act No.
STAATSKOERANT, 14 NOVEMBER 2008 No.
"party" means a political party registered in terms of section 15 of the Electoral Commission Act, or any alliance of such registered political parties, that has nominated candidates and submitted a list or lists of those candidates in accordance with section 27 of the Electoral Act, and includes any organisation that, group of people which, or person who.
The object of regulations is to prescribe the framework and guidelines under which PEB(s) and PA(s) shall be conducted and carried by the broadcasting service licensees, during the national and provincial elections.
to political parties contesting the national and provincial elections.
the party concerned may alter or it the PEB and re-submit it to the broadcasting service licensee concerned at least 72 hours prior to it being bmadcast.
contain allY material that is calculated, or that in the ordinary course is likely, to provoke or incite any unlawful, illegal or criminal act, or that may be perceived as condoning or lending support to any such act.
A party that submits a PEB to a broadcasting service licensee for broadcast, shall have no claim against the broadcasting service licensee arising from the broadcast or none broadcast of the PEB.
A party that submits a PEB for broadcast to a broadcasting service licensee is deemed to have indemnified the broadcasting service licensee against incurred costs, damages, losses, and third party claims arising from the broadcast thereof.
AP must not exceed two minutes in duration.
A broadcasting service licensee must not transmit a PEB five (5) minutes before or after another PEB or PA.
PEB air-time allocated to but not used by a party shall be forfeited by the party concerned.
If a party fails to deliver the PEB(s) to the broadcasting service licensee before the expiry of 72 hours prior to the broadcasting thereof, then the party is deemed to have forfeited its allocated airtirne.
In the event that a party elects to forfeit its allocated PEB air-time , then such air-time must not be allocated to another party but must be used by the broadcaster concerned for the purpose of broadcasting its normal pmgramming or material.
In the event that a party does not wish to use its allocated PEB air-time, the broadcasting service licensee concerned must not, during the relevant time-slot. in any way vary the sequence or scheduling of PEB(s).
A broadcasting service licensee or party must not permit or engage in any interference with, or trade-offs in the sequence or scheduling of PEB(s).
Air-timS in respect of party election broadcasts shall allocated by the Authority to the various parties contesting the national and provincial elections on the basis of the respective formulae set out in schedule A.
PA must only be bmadcast during the election broadcast period.
A bmadcasting service to whom a PA has been submitted by a party for broadcast, must not in any way edit or alter the advertisement.
the party concerned may alter or edit the PA and re-submit the PA to the broadcasting service licensee concerned at least 72 hours prior to it being broadcast.
Where the broadcasting service licensee has rejected a PA and the party concerned confirmed in writing to the broadcasting service licensee that it will not be re-submitting the advertisement, then the broadcasting service licensee must within 24 hours notify the Authority in writing of such rejection and must also furnish to the Authority written reasons for the rejection.
A party whose PA has been rejected and has no intention of altering or editing the advertisement, may refer the matter to the Authority within 24 hours of being informed of the rejection.
contain any material that is calculated, or that in the ordinary course is likely, to provoke or incite any unlawful, illegal or criminal act, or that may be perceived as condoning or lending support to any such act.
A party that submits a PA to a broadcasting service licensee for broadcast shall have no claim against the broadcasting service licensee arising from the broadcast of the advertisement.
A party that submits a PA for broadcast to a broadcasting service licensee, is deemed to have indemnified the broadcasting service licensee against incurred costs, damages, losses, and third party claims arising from the broadcast thereof.
In the event of any person being aggrieved by any PA or PEB that person Illay lodge a complaint with the Authority within 48 hours after such broadcast has occurred.
Advertisements Regulations.
Party Election Broadcast allocation will be calculated only when registration of political parties and candidates has been closed.
Basic Allocation All parties contesting seats in the r'. Jational Assembly.
National Allocation List Based on the number of candidates fielded by a party on the national assembly list, with 200 securing points and those fielding fewer candidates securing points on a pro rata basis.
National Assembly Regional List Allocation Based on the number of candidates fielded by a party on the national assembly's regional list, with 200 securing 25 points and those fielding fewer candidates securing points on a pro rata basis.
Based on the number of provincial legislature candidates fielded by each party throughout the country, with a party fielding the maximum securing points and parties fielding fewer candidates securing points on a pro rata basis.
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No. 26 of 2008: Technology Innovation Agency Act, 2008.
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No. 28 of 2008: Mineral and Petroleum Resources Royalty Act, 2008.
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No. 30 of 2008: Renaming of High Courts Act, 2008.
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No. 34 of 2008: National Energy Act, 2008.
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No. 29 of 2008: Mineral and Petroleum Resources Royalty (Administration) Act, 2008.
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No. 33 of 2008: Refugees Amendment Act, 2003.
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No. 35 of 2008: Diplomatic Immunities and Privileges Amendment Act, 2008.
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No. 38 of 2008: Legal Succession to the South African Transport Services Amendment Act, 2008.
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No. 39 of 2008: Higher Education Amendment Act, 2008.
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No. 40 of 2008: Adjustments Appropriation Act, 2008.
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No. 41 of 2008: Eskom Subordinated Loan Special Appropriation Act (2008/ 09-2010/11 Financial Years), 2008.
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No. 42 of 2008: Finance Act, 2008.
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No. 43 of 2008: Government Employees Pension Fund (Condonation of Interrupted Service) Act, 2008.
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No. 45 of 2008: Methodist Church of Southern Africa (Private) Act Repeal Act, 2008.
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No. 46 of 2008: Dutch Reformed Churches Union Act Repeal Act, 2008.
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No. 47 of 2008: The Apostolic Faith Mission of South Africa (Private) Act Repeal Act, 2008.
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No. 44 of 2008: National Environment Laws Amendment Act, 2008.
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The Minister of Justice and Constitutional Development intends introducing the Constitution Sixteenth Amendment Bill of 2009, in the National Assembly. The Bill is hereby published for public comment in accordance with section 74(5)(a) of the Constitution of the Republic of South Africa, 1996. Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister of Justice and Constitutional Development. Comments should kindly be directed for the attention of Mr J J Labuschagne, Private Bag X 81, Pretoria, 0001, by not later than 8 January 2009. (Electronic mail address: Jolabuschagne@justice.gov.
To amend the Constitution of the Republic of South Africa, 1996, in order to re-determine the geographical areas of the provinces of Gauteng and North West; and to provide for matters connected therewith.
Amendment of Schedule 1A to the Constitution of the Republic of South Africa, 1996, as inserted by section 4 of the Constitution Twelfth Amendment Act of 2005, and amended by section 1 of the Constitution Thirteenth Amendment Act of 2007 1.
the substitution, under the heading "The Province of Gauteng", for the reference to "Map No. 4 of Schedule 1 to Notice 1998 of 2005" of a reference to "Map No.
the substitution, under the heading "The Province of North West", for the reference to "Map No. 5 of Schedule 1 to Notice 1998 of 2005" of a reference to "Map No. 5 in Notice 1490 of 2008".
This Act is called the Constitution Sixteenth Amendment Act of 2009, and comes into operation on a date set by the President by proclamation in the Gazette.
provincial boundaries be reviewed so that all municipalities fall within one province or the other, the Constitution Twelfth Amendment Act of 2005, re-determined the geographical areas of certain provinces of the Republic of South Africa to avoid municipal boundaries stretching over provincial boundaries. This resulted, amongst others, in the Merafong City Local Municipality (which includes the area of Khutsong) being incorporated into the province of North West. The residents of the Merafong City Local Municipality, and especially of Khutsong, have clearly expressed their opposition against their incorporation into the province of North West.
1 .2 In Merafong Demarcation Forum and Others v President of the Republic of South Africa and Others 2008 (5) SA 171 (CC), the applicants challenged the validity of those parts of the Constitution Twelfth Amendment Act of 2005, that relate to the incorporation of the Merafong City Local Municipality into the province of North West. The applicants requested the Constitutional Court to declare that the provincial legislature of Gauteng had failed to comply with its obligation in terms of section 118 of the Constitution of the Republic of South Africa, 1996 (the Constitution), to facilitate public involvement in its processes leading up to the approval of the Constitution Twelfth Amendment Bill of 2005 (the Twelfth Amendment Bill) by the National Council of Provinces (the NCOP). In the alternative, they sought a declaration that the provincial legislature of Gauteng had failed to exercise its legislative powers rationally when it decided to vote in support of the relevant parts of the Twelfth Amendment Bill in the NCOP. On 13 June 2008 the Constitutional Court handed down judgment and held that "[t]he applicants have not shown that the Gauteng Provincial Legislature failed to facilitate public involvement, or acted irrationally, in supporting the Twelfth Amendment Bill in the NeOP". Consequently, the application was dismissed.
1.3 The residents of Khutsong have advanced various reasons for their continuous demand to be re-incorporated into the province of Gauteng. This has led to a decision being taken by Government to re-incorporate the Merafong City Local Municipality into the province of Gauteng.
2.1 The Bill intends to give effect to the decision to re-incorporate the Merafong City Local Municipality into the province of Gauteng. This is sought to be achieved by amending Schedule 1 A to the Constitution in order to re-determine the geographical areas of the provinces of Gauteng and North West.
2.2 The Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill, 2009 (the· Repeal Bill), intends to provide for consequential matters as a result of the re-determination of the geographical areas of the provinces of Gauteng and North West.
2.3 In view of the interrelationship between the Bill and the Repeal Bill, the two Bills should be dealt with as a package in Parliament and should be passed by Parliament and implemented simultaneously.
3.1 The Department of Justice and Constitutional Development is of the opinion that the proposed amendments fall within the ambit of section 74(3)(b) of the Constitution and consequently require the approval of both the National Assembly and the National Council of Provinces.
3.2 As the Bill intends to re-determine the geographical areas of the provinces of Gauteng and North West, the National Council of Provinces may not, in terms of section 74(8) of the Constitution, pass the Bill unless it has been approved by the legislatures of the provinces concerned.
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Amendment of section 31 of Act 20 of 1999 26. Section 31 of the Road Traffic Management Corporation Act. 1999 (Act No.
"(3) The Chief Executive Officer may enter into an agreement with the South African National Roads Agency Limited established in terms of section 2 of the South African National Roads Agency and National Roads Act. 1998 (Act NO.7 of 1998) in terms of which the Corporation is authorised, and undertakes. to perform law enforcement functions contemplated in section 54 of that Act on any national road through employees of the Corporation designated or apPOinted by it for that purpose in agreement with that Agency, and such an agreement may include provision for that Agency to compensate the Corporation for exercising such functions."
Amendment of section 4 of Act 4 of 1998 27. Section 4 of the Cross-Border Road Transport Act, 1998 (Act NO.
tl.M.} The Agency may levy and collect toll on behalf of the South African National Roads Agency Limited in terms of an agreement between itself and the lastmentioned Agency concluded under section 28 of the South African National Roads Agency and National Roads Act. 1998 Act No.
This Act is called the Transport Law Enforcement and Related Matters Amendment Act, 2008, and comes into operation on a date fixed by the President by proclamation in the Gazette.
The President may fix different dates in respect of different provisions of this Act and in respect of different areas of the country.
<fn>GOV-ZA.317221538En.2012-02-10.en.txt</fn>
1538 Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill, 2008: For public comments.
I, Sicelo Shiceka, Minister for Provincial and Local Government, hereby, in terms of section 154(2) of the Constitution, publish the Crossboundary Municipalities Laws Repeal and Related Matters Amendment Bill, 2008, for public comment.
No comments which are received after 11 January 2009 will be considered.
Words underlined with a solid line indicates insertions in existing enactments.
Act, 2005, so as to provide for consequential matters as a result of the re determinatiou of the geographical areas of certain provinces; and to provide for matters connected therewith.
"section 17 notice' means a notice contemplated in section 17 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998).
Amendment of section IA of Act 23 of 2005, as inserted by section I of Act 24 of 2007 2.
"IA. In the application of this Act, as amended by the Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Act, 2007, as well as the Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Act, 2009, due regard must be had of the Provisions of the Constitution Thirteenth Amendment Act, of 2007 as well as the Constitution Sixteenth Amendment Act of2009.".
Amendment of section 2 of Act 23 of 2005 3.
Despite the applicable provisions of the Local Government: Municipal Structures Act, 1998, the proposed section 17 notice referred to in the first column of Schedule 6 in respect of a disestablished municipality referred to in the second column of Schedule 6 is regarded as the notice repealing the section 12 notice that established the municipality referred to in the second column of schedule 6; and issued by the MEC for local government of the province indicated in the third column of Schedule 6.
Amendment of section 4 of Act 23 of 2005 4.
"(2) An MEC for Local government may, by way of an amendment of an applicable section 12 notice, regulate any legal, practical or other consequences of the relocation of an area referred to in subsection (1) in so far as such regulation is necessary to ensure the proper functioning ofa municipality in whose area of jurisdiction such relocated area falls, or a municipality from whose area of jurisdiction such relocated area has been removed.".
Amendment of Schedule 4 to Act 23 of 2005, as amended by section 2 of Act 24 of 2007 5.
Amendment of Schedule 5 of Act 23 of 2005, as amended by section 2 of Act 24 of 2007 6.
Insertion of Schedule 6 into Act 23 of 2005 7.
Application of Act 23 of2005 8. (1) Section 2 (4), 4 and 5 of the principal Act applies to the Municipalities referred to in sections 4 and 5 of this Act in accordance with the Constitution Sixteenth Amendment Act, of2009.
For purposes ofthe application of this Act, the expression "sections 2 to 4 of the Constitution Twelfth Amendment Act of 2005" wherever it appears in section 5 of the principal Act, must be substituted by the expression "the Constitution Sixteenth Amendment Act of 2009".
This Act is called the Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Act, 2009, and takes effect on the same date as the commencement ofthe Constitution Sixteenth Amendment Act of2009.
1.1 The Constitution Twelfth Amendment Act of 2005 (hereafter the "Constitution Twelfth Amendment") and the Cross-boundary Municipalities Laws Repeal and Related Matters Act, 2005 (Act No. 23 of2005) (hereafter the "Cross-boundary Laws Repeal Act") were enacted during December 2005. The Constitution Twelfth Amendment amended the Constitution of the Republic of South Africa, 1996, by providing for the re-determination of the geographical areas of provinces. The Cross-boundary Laws Repeal Act supported and complemented the Constitution Twelfth Amendment by providing for transitional arrangements to ensure a smooth transition from the cross-boundary municipality dispensation where a municipality would only be located in one particular province.
1.2 One of the consequences of the Constitution Twelfth Amendment Act and the Crossboundary Laws repeal Act was that the Merafong cross-boundary municipality was incorporated into the North West Province in its entirety and became part of the then Southern District Municipality.
1.3 Due to opposition that has been expressed by the residents of Merafong City local Municipality, and especially the resident of Khutsong, against their incorporation into the province of the North West, Government has decided that Merafong City Local Municipality must be incorporated into the Gauteng Province.
1.4 The relocation of Merafong from the North West province into the Gauteng province will require the re-determination ofthe geographical areas ofthe provinces of North West and Gauteng as well as the re-demarcation of the boundaries of the Dr Kenneth Kaunda and West Rand District Municipalities.
1.5 The re-determination of the geographical areas of provinces can only be effected by way of an amendment to the Constitution of the Republic of South Africa, 1996. The redemarcation of the boundaries of the district municipalities and the consequences of such re-demarcation requires an amendment to the Cross-boundary Laws Repeal Act.
Although the Ministry of Justice and Constitutional Development will be processing the Constitutional Amendment Bill and the Ministry of Provincial and Local Government will be processing the Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill, these two Bills must be read together.
The Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill, 2007 (hereafter "the Bill"), seeks to amend the Cross-boundary Repeal Act so as to provide for the redemarcation of the Boundaries of the Dr Kenneth Kaunda and West Rand district municipalities and to provide for the consequences of such re-demarcation.
Identified by Mag No.
IProlJosed section 17 ~ Designation ol.disestablished municipality Province in which municipalitv is deemed !
<fn>GOV-ZA.317291385En.2012-02-10.en.txt</fn>
No. 36 of 2008: South African National Space Agency Act, 2008.
To provide for the promotion and use of space and Co-op~ration in space-related activities, foster research in space science, advance scientific engineering through human capital, support the creation of an environment conducive to industrial development in space technologies within the framework of national government policy, and for that purpose to establish the South African National Space Agency; to provide for the object.., and functions of the South African National Space Agency and for the manner in which it must be managed and governed; and to provide for mattei'S connected therewith.
"Space Alfairs Act" means the Space A/Tairs Act, 1993 (Act No.
"this Act" includes any regulation made in terms of section 19.
The Public Finance Management Act, 1999 (Act No.1 of 1999), applies to the Agency.
The Minister must determine national space science and technology strategies in order to give effect to national space policy contemplated in the Space Affairs Act.
advance scientilic, engineering and technological competencies mld capabilities through hum<U1 capital development outreach programmes and infrastructure development; and foster international co-operation in space-related activities.
implement any natillnal space science and technology strategy; and acquire, assimilate and disseminate space satellite inmgery f{f any organ of state.
The Agency may, in order tn perform any dUly contemplated in subsection (I) and in order to achieve its ohjects enter into an agreement with any person, government or administration on the tem}..
estahli~h a complUlY contemplated in the Companies Act, 1973 (Act No.
establish any programme in line with naliont\!
appointing a pU1el of experts to compile a short.
the chairperson of the panel has suhmitted a short-list of candidates tllgether with their curriculum vitae to the Mil11ster who must submit it to the National Assemhly for approval; Uld the National Assemhly has submitted to the Minister an approved short-list rrom which to select.
The Board must consist of persons who are cil.
for any olher sound and compelling reason.
A decision lo remove a member of the Board from ollice in terms of subsection (2) must be hased on Ihe recommendalion of an independent panel appoinled by the Minister.
The Minister may dissolve the Board on reasonable grounds.
If a memher of the Board dies, resigns by writlen notice to the Minister or is removed from onice, the Minister may, having followed the procedure conlemplated in seclion 7, appoint a person in thal vacancy for Ihe remaining part of the term of office.
give effect lo the stralegy of the Agency, in the performance or its funclions; and organisational divisions of the Agency.
The chairperson must convene such a meeting within 14 days of receipt of a written request signed by at least two third of the members of the Board to convene such a meeting.
The chairperson or, in the chairperson's absence, a member of the Board elected by the members present, must preside at a meeting of the Board.
The quorum for a meeting of the Board is the majority of the Board members eligible to vote.
A decision of the Board must be taken by resolution of the majority of the members present at any meeting of the Board, and in the event of an equality of votes on any matter, the person presiding at the meeting has a casting vote in addition to her or his deliberative vote.
A member of the Board must upon appointment disclose to the Minister by way of a written statement any interest which could reasonably compromise the Board in the performance of its ftmctions.
A member of the Board may not vote or in any manner be present during or participate in the proceedings at any meeting of the Board if, in relation to any matter before the Board, she or he may have an interest which precludes her or him from performing her or his functions as a member of the Board in a fair, tmbiased and proper manner.
The Board may establish one or more committees to perform such ftmctions as the Board may determine.
employee of the Agency; or other person with suitable skills or experience who must be paid such allowances as the Minister may determine.
The Board may at any time dissolve or reconstitute a committee.
The Board is not absolved from the performance of any ftmction entrusted to any committee in terms of this section.
The Board must, with the approval of the Minister, appoint a suitably skilled and qualified person as the Olief Executive Officer.
The appointment of the Olief Executive Officer must be made after following a transparent and competitive selection process.
The Olief Executive Officer is appointed for a term not exceeding five years and is subject to such conditions relating to remtmeration and allowances as the Board may determine.
The Chief Executive Officer must enter into a performance agreement with the Board within three months of taking up the post as Chief Executive Officer.
The Chief Executive Officer is responsible for the administration and the general management and control of the day-to-day ftmctioning of the Agency, subject to the directions and instructions issued by the Board.
The Chief Executive Officer is responsible and accotmtable to the Board for all money received by the Agency and the utilisation of that money; and the property of the Agency.
The Chief Executive Officer must report to the Board on matters that may adversely affect the functioning of the Agency.
If the Chief Executive Officer is absent for a period of more than two months or is tmable to carry out her or his duties, or if there is a vacancy in the office of the Chief Executive Officer, the Board may, with the concurrence of the Minister, appoint any person who meets the requirements determined in subsection (J) to act as Chief Executive Officer, tmtil the Olief Executive Officer is able to resume those ftmctions or tmtil the vacant position of Chief Executive Officer is filled.
If the Chief Executive Officer is absent for a period of less than two months the Board may, without the concurrence of the Minister, appoint any person to act as Chief Executive Officer.
The acting Chief Executive Officer has all the powers and may perform all the duties of the Chief Executive Officer.
is responsible for the administrative control of the organisation and for the discipline of the employees and persons contemplated in paragraph (a); and must ensure compliance with applicable labour legislation.
a human resource policy; and structures for remuneration, allowances, subsidies and other benefits for employees contemplated in subsection (1) in accordance with a system approved by the Minister with the concurrence of the Minister of Finance.
The terms and conditions of employment contemplated in subsection (2)(c) must be broadly in line with the guidelines issued from time to time by the Minister responsible for the public service and administration.
The Agency may, under the Pensions Ftmd Act, 1956 (Act No. 24 of 1956), establish a pension fund for its employees.
terminate her or his membership of the GEPF and join the pension fund established in terms of subsection (l); or elect dormant membership of the GEPF in accordance with section 27 of the GEPL.
donations or contributions received by the Agency; and revenue accruing to the Agency from any other source.
The Agency must utilise its ftmds to defray the expenses incurred by the Agency in the performance of its ftmctions.
Money received by way of donation or contribution must be utilised in accordance with any conditions imposed by the donor or contributor concerned.
The Agency may, subject to the approval of the Minister and in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999), invest any of its funds not immediately required.
The Chief Executive Ofticer may, subject to such conditions as she or he may determine, delegate to an employee of the Agency any ftmction entrusted to the Chief Executive Officer under this Act.
The delegation must be in writing.
The Minister may, after consultation with the Board, make regulations regarding the method of reporting to the Minister on Board meetings and the frequency of those reports; 5 interim measures for the continued management and functioning of the Agency in the event that the Minister dissolves the Board in terms of section 8(4); and any ancillary or incidental administrative or procedural maller that it is necessary to prescribe for the proper implementation or administration of this 10 Act.
This Act is called the South African National Space Agency Act, 2008, and comes into operation on a date to be fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.317451402En.2012-02-10.en.txt</fn>
No. 51 of 2008: Intellectual Property Rights from Publicly Financed Research and Development Act, 2008.
Property Management Office and the Intellectual Property .'und; to provide for the establishment ofoffices of technology transfer at intitutions; and to provide for matters connected therewith.
"BBBEE" means broad-hased black economic empowerment as defined in 5 section 1 of the Broad-Based Black Economic EmpowemlCnt Act, 2003 Act No.
"intellectual property creator" means the person involved in the conception of intellectual property in temlS of this Act and identifiahle as such for the purposes of ohtaining statutory protection and enforcement of intellectual property rights. where applicahle; "intellectual property transaction" means any agreement in respect of intellectua! property emanating from publicly financed research and development, and includes licensing, assignment and any arrangement in which the intellectual property rights governed by this Act are transferred to a third party; "Minister" means the Minister responsihle for the Department; "Nett revenues" means the revenue less the expenses incurred for intellectual property protection and commercialisation of the intellectual property, as may be prescrihed; "NIPMO" means the National Intellectual Property Management OOice established by section 8; "otf..,hore" means out..<;ide the l)orders of the Republic; "prescribed" means prescribed hy regulation; "publicly financed research and development" means research and development undertaken using any funds allocated by a funding agency but excludes funds allocated for scholarships and bursaries; "recipient" means any person, juristic or non-juristic, that undertakes research and development using funding from a funding agency and includes, m institution; "regulation" means any regulation made in terms of section 17 of this Act; "revenue" means all income and henefits, including non-monetary benefits, emanating from intellectual property transactions, and includes all actual, non-refundable royalties, other grant of rights and other payments made to the institution or any other entity owned wholly or in part by an institution as a consideration in respect of an intellectual property transaction, but excludes a donation and "gross revenues" shall have a corresponding meaning; "small enterprise" means a small enterprise as defined in section 1 of the National Small Enterprise Act, 1996 (Act No. 102 of 1996); "this Act" includes the regulations made in terms of this Act.
Object!
The ohject of this Act is to make provision that intellectual property emanating from puhlicly financed research and development is identified, protected, utilised and commercialised for the benefit of the people of the Republic, whether it be for a social, economic, military or any other benefIt.
the people of the Repuhlic, partil.
where necessary, the State may use the results of publicly financed research and development and the attendant intellectual property in the interest of Ihe people of the Republic.
This Act applies to intellectual property emanating from publicly financed 5 research and development.
Subject to paragraph (b), the Minister may, in addition to the institutions to which this Act applies, by notice in the Gazettf', identify any other institution to which this Act applies if he or she is satisl1ed that the institution may develop intellectual property from publicly financed research and development.
Any identification contemplated in pamgmph (a) must be done with the concurrence of the Minister responsible for the institution concerned.
Subject to section 15(2), intellectual property emanating from publicly financed research and development shall be owned by the recipient.
A recipient that prefers not to retain ownership in its intellectual property or not to obtain statutory protection for the intellectual property must make the choice in accordance with the regulations and any guidelines published by NIPMO by notice in the Gazette; and within the period set out in section 5(1)(e), notify NIPMO of the decision and 20 the reasons therefor.
NIPMO may, within the prescribed period, after considering the reasons provided by the recipient in terms of subsection (2)(b) 1md any prejudice that may be suffered by the State if no statutory protection for the intellectual property is obtained, acquire ownership in the intellectual property and, where applicable, obtain statutory protection 25 for the intellectual property.
Should NIPMO decide not to acquire ownership in the intellectual property in term'> of subsection (3), NIPMO must, in writing, notify the recipient of its decision.
Subject to the reasons given in terms of suhsection (2)(b), and on notification contemplated in paragraph (a), the recipient must give the intellectual property creator 30 the option to acquire ownership in the intellectual property and to obtain statutory protection for the intellectual property, provided thal in the case where a private entity or organisation had provided some funding, such private entity or organisation shall suhject to section 10 first be offered such option before the intellectual property creator.
Management obligations and disclosure duties 35 5.
UJ in respect of an institution, put in place mechanisms to annually a'lsess, record and report to NIPMO on the benefits for society of publicly financed research conducted in thai institution.
An office of technology transfer is responsible for undertaking the obligations of the institution in terms of this Act.
1\vo or more institutions may with the concurrence of NIPMO establish a regional office of technology transfer.
NIPMO may, on terms and conditions determined hy it, provide assistance to institutions for the establishment of offices of technology transfer.
development of appropriately skilled personnel for the offices of technology transfer.
The functions of an office of technology transfer must be performed by appropriately qualified personnel whom, when considered collectively, has interdiscipUnary knowledge, qualifications and expertise in the identification, protection, management and commercialisation of intelle;tual property and in intellectual property transactions.
conduct eval uations on the scope of statutory protection of the intellectual property in all geographic territories subject to commercialisation potential of the intellectual property; and liaise with NIPMO as provided for in this Act.
There is hereby established an office within the Department, called the National Intellectual Property Milllagement Office (NIPMO).
The Minister may, by notice in the Gazette. assign the operation of NI PMO to any public entity whose objects are consistent with NIPMO's functions.
NIPMO must promote the objects of this Act, which includes the statutory protection, management and commercialisation of the intellectual property referred to it by a recipient in terms of section 4.
NIPMO must ensure that it has the capacity to consider tilly intellectual property referred to it by a recipient in terms of section 4, and to deal with it in accordilllce with this Act.
concluding any intellectual property transactions; or commercialisation of such intellectual property.
develop guidelines for intellectual property transactions involving non-South African entities illld persons, and manage the imrlementation of such guidelines; and monitor, evaluate and review the obligations of recipients in terms of this Act.
In addition to its other functions, NJPMO may do anything necessary to meet the objects of this Act and to carry out illlY other function consistent with those objects that may be prescribed.
Any administrative decision of NJPMO that adversely affects a recipient must be dealt with in terms of the Promotion of Administrative Justice Act, 2000 (Act No.3 of 2000).
Intellectual property creators at llil institution and their heirs are granted a specific right to a portion of the revenues that accrue to the institution from their intellectual property in term'> of this Act until such right expires.
((I) at least 20 per cent of the revenues accruing to the institution from such intellectual property for the first one million rllild of revenues, or such higher amount as the Minister may prescribe; and thereafter, at least 30 per cent of the nett revenues accruing to the institution 10 from such intellectual property.
The benefits contemplated in subsection (2) must be shared in equal proportions between the qualifying intellectual property creators or their heirs unless otherwise agreed between those creators and the recipient or determined in accordance with institutional policies.
The benefits to intellectual property creators and their heirs contemplated in subsection (2)(a) must be a first calIon the applicable revenue ahead of any institutional distribution.
the operations of the office of technology transfer; and statutory protection of intellectual property.
This section prevails over a provision of a law mentioned in the second column of Schedule 1 existing at the commencement of this Act to the extent that it is 25 inconsistent with such a provision.
Despite paragraph (a), any arrangement relating to benefit-sharing that existed at the commencement of this Act by virtue of a provision contemplated in that paragraph continues in terms of that provision as if this section had not been enacted.
Conditions for intellectual property transaction. .. 30 11.
exclusive licence holders must undertake, where feasible, to mllilufacture.
NIPMO may request that the exclusive licence contemplated in paragraph (j) be converted to a non-exclusive licence if a recipient fails to furnish the reasons within the period contemplated in paragraph (g), or if NIPMO is not satisfied with such reasons.
Each intellectual property transaction must contain a condition to the effect that, should a party fail to commercialise the intellectual property to the benefit of the people of the Republic, the State is entitled to exercise the rights contemplated in section 14.
Each intellectual property transaction involving assignment of intellectual property by an institution to a small enterprise in return for shareholding as a consideration must contain a condition providing that in the event of the liquidation of that small enterprise, the intellectual property shall revert to the institution.
The Minister may prescribe the terms and conditions for other intellectual property transactions involving assignment of intellectual property by a recipient.
subject to paragraph (c), offshore intellectual property transactions may occur only in accordance with prescribed regulations and any guidelines contemplated in section 9(4)(e); and any intellectual property transaction which does not comply with the regulations and guidelines requires prior approval of NIPMO.
A recipient wishing to undertake an intellectual property transaction offshore in the form of an assignment or exclusive licence must satisfy NIPMO that there is insufficient capacity in the Republic to develop or commercialise the intellectual property locally; and the Republic will benefit from such offshore transaction.
There is hereby established an Intellectual Property Fund to be managed by NIPMO.
finance any costs incurred by NIPMO for obtaining statutory protection of the intellectual property; and finance any costs incurred by NIPMO when acting in terms of section 14.
An institution may recover the costs incurred in obtaining statutory protection for the intellectual property contemplated in this Act from the Intellectual Property Fund to the extent determined by NIPMO; and on such terms as may be determined by NIPMO.
The rights acquired by the State in terms of this section are additional to the rights granted to the State in terms of any other legislation in the Republic.
NIPMO must conduct reviews of non-commercialised intellectual property in consultation with the recipients.
If a review contemplated in subsection (2) shows that the intellectual property in question can be commercialised, NIPMO must engage in further consultations with the recipient in an endeavour to ensure that the intellectual property is commercialised.
the intellectual property is still not being commercialised; or no agreement can be reached with the recipient.
NIPMO may, on behalf of the State, demand the assignment of rights to any intellectual property if a recipient fails to make a disclosure to NIPMO as provided for in this Act.
A private entity or organisation may become an exclusive licensee of intellectual property emanating from publicly financed research and development undertaken at an institution if such private entity or organisation has the capacity to manage and commercialise the intellectual property in a manner that benefits the Republic.
appropriate arrangements are made for benefit-sharing for intellectual property creators at the institution; and the institution and the private entity or organisation conclude an agreement for the commercialisation of the intellectual property.
Should the private entity or organisation mentioned in subsection (1) or (2) not commercialise the intellectual property, the provisions of section 14 of this Act shall apply with the changes required by the context.
Any research and development undertaken at an institution and funded by a private entity or organisation on a full cost basis shall not be deemed to be publicly financed research and development and the provisions of this Act shall not apply thereto.
For the purposes of paragraph (a) "full cost" means the full cost of undertaking research and development as determined in accordance with international financial reporting standards, and includes all applicable direct and indirect cost as may be prescribed.
For the purposes of this section, private entity or organisation includes a private sector company, a public entity, an international research organisation, an educational institution or an international funding or donor organisation.
Employees of NIPMO and the offices of technology transfer may not disclose any information in regard to any matter which may come to their knowledge in terms of this Act, or any work arising from the implementation of this Act, or by virtue of the office held by them to any person, except in so far as the provisions of the Constitution of the Republic of South Africa, 1996, the Promotion of Access to Information Act, 2000 (Act No.
in so far as it may be necessary for the effective governance and management of NIPMO or the offices of technology transfer, or for the purpose of due and proper performance of any function in terms of this Act; or upon an order of a competent court.
The Minister may make regulations regarding any matter that mayor must be prescribed in tenus of this Act; and any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this 5 Act.
This Act is called the Intellectual Property Rights from Publicly Financed Research and Development Act, 2008, and takes effect on a date determined by the President by proclamation in the Gazelle.
<fn>GOV-ZA.3176161En.2012-02-10.en.txt</fn>
Sections 15, 17 and 18 apply with the changes required by the context to the Appeal Board.
Different regulations may be made regarding different persons or bodies or different categories of persons or bodies, if such differential treatment does not amount to unfair discrimination.
Funding 5 28. The Military Veterans'Affairs Act, 1999 (Act No. 17 of 1999), is hereby repealed.
MILITARY VETERANS BILL, 2011 1.1 The Military Veterans Bill, 2011 (''the Bill''), was necessitated by the fact that provisions of the current Military Veterans' Affairs Act, 1999 (Act No. 17 of 1999), are either obsolete or require reformulation in order to provide for new challenges.
repeal the Military Veterans' Affairs Act, 1999.
2.1 Clause 1 of the Bill contains the deï¬nitions of words or expressions used in the Bill.
2.4 Clause 3(2) seeks to set out the aims of any policy affecting military veterans.
providing a comprehensive delivery system of beneï¬ts and services for military veterans.
2.5 Clause 4 seeks to recognise the President as Patron-in-Chief of military veterans.
2.8 In so far as the needs of military veterans in relation to possible beneï¬ts are concerned, the Task Team was of the view that it is an urgent requirement that a hierarchy of needs be established. Clause 6 directs the Director-General to compile a priority list of such needs in consultation with the Minister. The intention is that the operations of the Department must be planned and structured around the fulï¬lment of those needs.
reviewing legislation with a view to consolidating such legislation.
2.10 Clauses 8 and 9 contain provisions relating to the South African National Military Veterans Association. Clause 8 seeks to provide that the Director-General must create a mechanism to ensure that the Association serves as an umbrella organisation representing military veterans' organisations.
2.11 Clauses 10 and 11 seek to establish the Military Veterans' Advisory Council and to provide for its functions.
2.13 Clauses 20 and 21 seek to establish the Military Veterans Appeal Board and to provide for its functions.
substitute any other decision for the decision; or provide the required legal advice.
2.15 The Appeal Board will consist of three persons who have relevant knowledge, experience or expertise that would enable the Appeal Board to perform its functions properly. At least one of the members will have to be an advocate, attorney or other legally qualiï¬ed person with at least 10 years' legal practice experience. Provision is also made for disqualiï¬cation from membership (clauses 22 to 24).
2.18 Clause 28 seeks to repeal the Military Veterans' Affairs Act, 1999.
The Bill is expected to have extensive ï¬nancial implications for human and logistical resources and day to day running of the Department. These ï¬nancial implications will be budgeted for through the normal departmental planning and budgeting processes. The costing of the Bill will be done after the work streams have completed their work.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=2790&tid=2935 Size: 5KB Speaker: G Barry Collection: speeches_cm?
URL: http://www.info.gov.za/speeches/2000/0001141036a1003.
URL: http://www.info.gov.za/speeches/1999/990330934a1001.
URL: http://www.info.gov.za/speeches/1999/99224_luanda99_10195.
URL: http://www.info.gov.za/speeches/1999/99211_0bb07399_10102.
URL: http://www.info.gov.za/speeches/1999/99126_nzo99_10053.
URL: http://www.info.gov.za/speeches/1998/98b30_nzo9811472.
Pretoria - An operation by the Hawks and the Home Affairs Immigration Inspectorate led to the arrest of 18 Chinese nationals on charges relating to the alleged use of fraudulent South African documents.
The operation was intended to crack down on the illegal entry of foreign nationals into South Africa using fraudulently acquired documents.
This is in line with the commitment of government and Home Affairs Minister Nkosazana Dlamini Zuma to stem the tide of illegal immigration into South Africa using fraudulent documents.
"Government remains committed to ensuring we push back the frontiers of fraud and corruption and will ensure that those complicit in the facilitation of such activities are brought to justice," said Home Affairs.
<fn>GOV-ZA.3176En.2012-02-10.en.txt</fn>
See information on Vodacom Park Stadium.
<fn>GOV-ZA.3177En.2012-02-10.en.txt</fn>
Officials said that about 200 aftershocks were registered after the fatal one, the majority of which were of low magnitude. A powerful aftershock occurred at 1:15am on Tuesday.
<fn>GOV-ZA.3178013En.2012-02-10.en.txt</fn>
No. 54 of 2008: National Youth Development Agency Act, 2008.
To provide for the establishment of the Nadonal Youth Development Agency aimed at creadng and promodng coordinadon in youth development matters; to provide for the objects and functions of the Agency; to provide for the manner in which it is to be managed and governed; to provide for the reguladon ofits stalfmatters and financial d'airs; to provide for the administradon of the fund referred to in the DemutuaUsadon Levy Act, 1998 by the Agency under a new name; to repeal the National Youth Commission Act, 1996; and to provide for matters connected therewith.
THEREFORE the spirit and form of the National Youth Development Agency must give resonance to youth development in South Africa.
Ad No. S4, lOO8 NATIONAL YOUTH DEVELOPMENT AGENCY ACT.
In this Act, unless the context otherwise indicates"Agency" means the National Youth Development Agency establisbed by section 2; "Board" means the Board of the Agency referred to in section 8; "organ of state" has the meaning assigned in 239 of the Constitution of the Republic of South Africa,1996; "Integrated Youth Development Strategy" means the Integrated Youth Development Strategy for South Africa referred to in section 3(a); "financial year" means the period from 1 April in any year to 31 March in the next year; "members" means members of the Board appointed in terms of section 9; "prescribed" means prescribed by regulation in terms of section 19; "Public Finance Management Ad" means the Public Finance Management Act, 1999 (Act No.1 of 1999); "regulation" means any regulation made in terms of section 19; "this Ad" includes any regulation promulgated in terms of this Act; "Umsobomvu Fund" means the Umsobomvu Fund as referred to in the Demutualisation Levy Act, 1998 (Act No. 50 of 1998); "Umsobomvu Youth Fund" means the section 21 company established in 2001 and funded from proceeds of the Demutualisation Levy Act, 1998; and "youth" means persons between the ages of 14 and 35.
A juristic person to be known as the National Youth Development Agency is hereby established.
Ad No. 54, 2008 NATIONAL YOUTH DEVELOPMENT AGBNCY ACT. 2008 guide efforts and facilitate economic participation and empowerment.
promote a uniform approach by all organs of state, the private sector and non-governmental organisations. to matters relating to or involving youth development; and endeavour to promote the interest generally of the youth, particularly young people with disabilities.
Nothing contained in this Act precludes the Agency from directly implementing any programme or intervention aimed at advancing its objects in terms of this Act.
recognition of the manner in which youth has been affected by the imbalances of the past and the need to redress these imbalances through more equitable policies.
promotion of equal opportunity and equal treatment of youth and the promotion of a gender-inclusive approach to the development ofyouth.
recognition in youth development initiatives of the peculiar needs of rural youth; and transparency, accountability and accessibility.
The Agency must.
establisb offices of the Agency at provincial and local levels and appoint the necessary personnel to those offices.
consider sucb recommendations. suggestions and requests concerning youth affairs as it may receive from any source; or conduct or cause to be conducted sucb researcb as it may deem necessary.
The Agency must manage and administer Umsobomvu Fund.
The Agency must, for purposes of subsection (3) and within its available resources.
provide financial assistance to small. micro and medium enterprises.
provide opportunities for training. that will promote service to communities and the nation at large; and provide sucb other services as may be necessary to acbieve the aim contemplated in subsection (3).
The Agency must, every three (3) years, submit to the President a report on the status of youth.
any other matter relating to youth development.
The President must table the report referred to in subsection (1) in Parliament within a reasonable time.
Organs of state must take national priorities in respect of youth development into account in planning their activities; and submit, in the prescribed manner, annual reports to the Agency regarding their implementation of youth development priorities.
The Agency must publisb a report after it has been tabled in Parliament.
The Agency must lobby companies and close corporations which employ more than twenty (20) employees, and civil society organisations to implement youth development priorities established by it.
The affairs of the Agency must be managed by the Board, which must5 determine the operational policy of the Agency; and exercise control generally over the exercise of its powers and the execution of its functions.
The Board consists of 10 seven members, two (2) of whom are executive directors; and the ChiefExecutive Officer, who is an ex-officio member ofthe Board without voting rights.
Members must be appointed by the President on the recommendation of Parliament.
transparency and openness; and that a short-list of candidates for appointment is published.
Members must reflect the demographics and geographical spread of the Republic.
The President must designate one of the members as the chairperson and another member as a deputy chairperson and both are executive directors referred in subsection (1).
Members who are not executive directors serve on a part-time basis.
Members hold office for a period of three (3) years.
The deputy chairperson must, when the chairperson is absent or unable to perform his or her duties, act in his or her stead and when so acting, perform any function of the chairperson.
The President must publish the appointment of a member in the Government Gazette.
A member appointed to fill a vacancy holds office for the unexpired portion of the term of the member he or she replaces.
The conditions of service of members are determined by the President in consultation with the Minister of Finance.
Members who are employed by an organ of state are not entitled to remuneration, 35 or any allowance, but must be reimbursed for out-of-pocket expenses by the Board.
A person may not be appointed or continue to serve as a member ifhe or she has been convicted and imprisoned without the option of a fine, or fined more 40 than the prescribed amount, for theft, fraud, forgery, perjury, an offence in connection with the promotion.
has, as a result of improper conduct, been removed from an office of trust; or 45 has been declared by a court to be mentally ill or unfit.
Act No. 54.
becomes disqualified as contemplated in subsection (1).
A member may resign by giving thirty (30) days notice in writing to the Chairperson of the Board.
The President may suspend a member from office any time after the start of the proceedings of Parliament for the removal of a member.
The Board must meet at least four times a year at such times and places as the Chairperson may determine.
The Chairperson may, on two (2) days notice, call a special meeting of the Board, which must be held at such time and place as he or she may direct.
A decision of the Board must be taken by resolution of the majority of the members present, and in the event of an equality of votes, the person presiding at the meeting in question has a casting vote in addition to his or her deliberative vote.
A quorum is constituted by four (4) members, which must include the Chairperson or the Deputy Chairperson.
A member must act impartially. in good faith and without fear. favour or prejudice and is subject only to the Constitution and law.
Ifa member has, in relation to a matter to be considered at a meeting of the Board, any interest which precludes that member from acting in a fair, unbiased and proper manner, the member may not participate in that meeting of the Board; or be present at the venue where the meeting is held.
If, during the course of any proceedings of the Board, there is reason to believe that a member has any interest contemplated in subsection (6), that member must immediately disclose the nature of his or her interest and leave the meeting in question so as to enable the remaining members to discuss the matter and determine whether that member may be allowed to participate in the proceedings.
The disclosure and the decision taken by the remaining members, must be recorded in the minutes of the proceedings in question.
Audit Committee.
Development Committee to assist in the performance of its functions.
The Board must determine the composition. rules and procedures of committees established in terms of this section.
The Board may invite persons who are not members of the Board to serve on any of its committees, but such persons may not be appointed as chairpersons of such committees.
The Board may dissolve or reconstitute a committee as is necessary.
The Board must appoint a suitably qualified person as the Chief Executive Officer.
The Chief Executive Omcer is an employee of the Agency and is accountable to the Board.
report to the Board on the proper functioning of the Agency; and complete a report on the activities of the Agency for each financial year in accordance with the Public Finance Management Act and submit the report to the Board for approval.
The Chief Executive Officer holds office for an agreed term not exceeding five years and may be reappointed upon the expiry of that term of office.
H the Chief Executive Officer is unable to fulfil his or her functions, the Board must appoint an acting Chief Executive Officer to perform the functions of the Chief Executive Officer until the Chief Executive Officer resumes his or her duties or a new Chief Executive Officer is appointed.
The Board must conclude a written performance agreement with the Chief Executive Officer within a reasonable time after the appointment of the Chief Executive Officer; and thereafter, annually within one month of the commencement of each financial year.
standards and procedures for evaluating performance and intervals for evaluation; and the consequences of substandard performance.
The employment contract of the Chief Executive Officer must incorporate in an appropriate form, section 57 of the Public Finance Management Act.
effectively communicating a vision, management philosophy.
submitting annual reports, financial statements and financial position of the Agency to the Board; and developing an annual strategic plan and budget in accordance with the Public Fmance Management Act.
The Chief Executive Officer must in consultation with the Board, appoint executive managers of the Agency, which may include a Chief Operations Officer and a Chief Financial Officer; and appoint staff to assist the Agency in carrying out its functions.
The Board must in consultation with the Minister of Finance approve the remuneration, allowances, benefits and other terms and conditions of appointment of members of staff.
The Board may delegate any of its powers or assign any of its duties to the Chief Executive Officer or any employee of the Agency.
The Chief Executive Officer may delegate any power or assign any duty conferred or imposed upon the Chief Executive Officer by or under this Act to any other employee of the Agency with appropriate knowledge and experience; or any other person, after consulting the Board.
does not prevent the exercise of that power or the performance ofthat duty by the Board or the Chief Executive Officer; and may be withdrawn or amended by the Board or the Chief Executive Officer.
A delegation by the Board ofany ofthe powers entrusted or delegated to it in terms of the Public Finance Management Act must be in accordance with section 56 of that Act.
money lawfully received from any other source; and donations and contributions lawfully received by the Agency from any other source.
The Agency may invest any of its funds not immediately required subject to any investment policy that may be prescribed in terms of section 7(4) of the Public Finance Management Act; and in such manner as may be approved by the Minister of Finance.
any action in order to promote compliance with this Act; and any ancillary or incidental administrative or procedural matter that it is necessary to prescrihe for the proper implementation or administration of this Act.
Despite the provisions of any other law, the Agency may not be placed under judicial management or in liquidation except if authorised by an Act of Parliament adopted specially for that purpose.
Transitional provisions 5 21. (1) In order to effect the transitional arrangements envisaged in this section, representations must made to the Minister ofFinance for the dissolution ofUmsobomvu Youth Fund as a section 21 company in terms of the Companies Act, 1973 (Act No. 61 of 1973) and the classification of the Agency as a public entity.
As soon as possible after this Act takes effect the President must, in consultation 10 with the Minister of Finance, transfer the assets, rights, obligations and liabilities of Umsobomvu Youth Fund and the National Youth Commission to the Agency; and subjectto section 197 ofthe Labour Relations Act, 1995 (Act No. 66 of 1995), transfer staff ofUmsobomvu Youth Fund and the National Youth Commission 15 to the Agency.
A person transferred to the Agency remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before the transfer date.
Any proceedings pending against such person immediately before the transfer date must be disposed of as if that person had not been transferred.
For purposes of Income Tax, 1962 (Act No. 58 of 1962), no change of employer must be regarded as having taken place when employment is taken up at the Agency by a person contemplated in subsection (1).
The Registrar of Deeds must make the necessary entries and endorsement for the transfer of any property in terms of subsection (1) and no office fee or any other charge 25 is payable in respect of that entry or endorsement.
This Act does not affect the validity of any transaction, project, business deal and programmes which were already undertaken or pending by Umsobomvu Youth Fund and National Youth Commission before the fixed dated.
The operations ofUmsobomvu Youth Fund and the National Youth Commission 30 must be dealt with as if this Act had at all times been in force.
In order to implement this Act, the President must on the recommendation of Parliament appoint a task team of consultants to perform joint audits in respect of personnel, budgets, finances, information management and equipment of Umsobomvu Youth Fund and National Youth Commission.
The President must report to Parliament on the progress of the task team.
Subject to section 21, the National Youth Commission Act, 1996 (Act No. 19 of 1996), and the National Youth Commission Amendment Act, 2000 (Act No. 19 of2000), are hereby repealed.
This Act is called the National Youth Development Agency Act, 2008, and comes into operation on a date to be fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.3178114En.2012-02-10.en.txt</fn>
No. 60 of 2008: Revenue Laws Amendment Act, 2008.
amend the Taxation Laws Amendment Act, 2008, so as to amend commencement dates and to effect a technical correction, and to provide for matters connected therewith.
Amendment of section 9 of Act 40 of 1949, as amended by section 3 of Act 31 of 1953, section 12 of Act 80 of 1959, section 3 of Act 70 of 1963, section 3 of Act 77 of 1964, section 1 of Act 81 of 1965, section 7 of Act 103 of 1969, section 2 of Act 89 of 5 1972, section 3 of Act 66 of 1973, section 5 of Act 88 of 1974, section 77 of Act 54 of 1976, section 2 of Act 95 of 1978, section 6 of Act 106 of 1980, section 2 of Act 99 of 1981, section 2 of Act 118 of 1984, section 3 of Act 81 of 1985, section 3 of Act 86 of 1987, section 4 of Act 87 of 1988, section 36 of Act 9 of 1989, section 1 of Act 69 of 1989, section 79 of Act 89 of 1991, section 6 of Act 120 of 1992, section 4 of Act 136 10 of 1992, section 5 of Act 97 of 1993, section 2 of Act 37 of 1995, section 4 of Act 126 of 1998, section 3 of Act 32 of 1999, section 3 of Act 30 of 2000, section 2 of Act 5 of 2001, section 8 of Act 60 of 2001, section 3 of Act 30 of 2002, section 4 of Act 74 of 2002, section 3 of Act 45 of 2003, section 2 of Act 16 of 2004, section 2 of Act 32 of 2004, section 2 of Act 31 of 2005, section 16 of Act 9 of 2006, section 1 of Act 20 of 15 2006 and section 2 of Act 35 of 2007 1.
Assistance Act, 1993 (Act No. 126 of 1993), or section 42E of the Restitution of Land Rights Act, 1994 (Act No.
any person in respect of so much of the value of the property as does not exceed an amount equal to any advance or subsidy granted to that person in terms of the Provision of Land and Assistance Act, 1993 (Act No. 126 of 25 1993), for the purposes of that acquisition.''.
Subsection (1) comes into operation on a date determined by the Minister by notice in the Gazette and applies in respect of the acquisition of property acquired on or after that date.
1971, section 3 of Act 89 of 1972, section 3 of Act 102 of 1979, section 10 of Act 106 of 1980, section 2 of Act 92 of 1983, section 4 of Act 81 of 1985, section 9 of Act 87 of 1988, section 7 of Act 97 of 1993, section 6 of Act 27 of 1997, section 13 of Act 30 of 1998, section 7 of Act 30 of 2000 and section 5 of Act 31 of 2005 35 2.
''(i) so much of any beneï¬t which is due and payable by, or in consequence of membership or past membership of, any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund as deï¬ned in the Income Tax Act, 1962 (Act No. 58 of 1962), on or as a result of the death of the deceased.'
by the deletion in subsection (3) of paragraph (a)bis.
Subsection (1) comes into operation on 1 January 2009 and applies in respect of the estate of a person who dies on or after that date.
Amendment of section 37D of Act 24 of 1956, as inserted by section 14 of Act 94 of 1977 and amended by section 14 of Act 80 of 1978, section 4 of Act 65 of 2001, section 4 of Act 35 of 2007 and section 16 of Act 22 of 2008 3.
any amount assigned from such beneï¬t or individual reserve to a non-member spouse in terms of a decree granted under section 7(8)(a) of the Divorce Act, 1979 (Act No.
any amount payable in terms of a maintenance order as deï¬ned in section 1 of the Maintenance Act, 1998 (Act No.
employees' tax required to be deducted or withheld in terms of the Fourth Schedule to the Income Tax Act, 1962 (Act No.
''(i) any maintenance order referred to in subsection [(1)(d)(i)] (1)(d)(iA);''.
Subsection (1) is deemed to have come into operation on the date on which section 16 of the Financial Services Laws General Amendment Act, 2008, comes into operation.
Amendment of section 1 of Act 58 of 1962, as amended by section 3 of Act 90 of 1962, section 1 of Act 6 of 1963, section 4 of Act 72 of 1963, section 4 of Act 90 of 1964, section 5 of Act 88 of 1965, section 5 of Act 55 of 1966, section 5 of Act 95 of 1967, section 5 of Act 76 of 1968, section 6 of Act 52 of 1970, section 4 of Act 88 of 1971, section 4 of Act 90 of 1972, section 4 of Act 65 of 1973, section 4 of Act 85 of 1974, section 4 of Act 69 of 1975, section 4 of Act 103 of 1976, section 4 of Act 113 of 1977, section 3 of Act 101 of 1978, section 3 of Act 104 of 1979, section 2 of Act 104 of 1980, section 2 of Act 96 of 1981, section 3 of Act 91 of 1982, section 2 of Act 94 of 1983, section 1 of Act 30 of 1984, section 2 of Act 121 of 1984, section 2 of Act 96 of 1985, section 2 of Act 65 of 1986, section 1 of Act 108 of 1986, section 2 of Act 85 of 1987, section 2 of Act 90 of 1988, section 1 of Act 99 of 1988, Government Notice No. R780 of 14 April 1989, section 2 of Act 70 of 1989, section 2 of Act 101 of 1990, section 2 of Act 129 of 1991, section 2 of Act 141 of 1992, section 2 of Act 113 of 1993, section 2 of Act 21 of 1994, section 2 of Act 21 of 1995, section 2 of Act 36 of 1996, section 2 of Act 28 of 1997, section 19 of Act 30 of 1998, section 10 of Act 53 of 1999, section 13 of Act 30 of 2000, section 2 of Act 59 of 2000, section 5 of Act 5 of 2001, section 3 of Act 19 of 2001, section 17 of Act 60 of 2001, section 9 of Act 30 of 2002, section 6 of Act 74 of 2002, section 33 of Act 12 of 2003, section 12 of Act 45 of 2003, section 3 of Act 16 of 2004, section 3 of Act 32 of 2004, section 3 of Act 32 of 2005, section 19 of Act 9 of 2006, section 3 of Act 20 of 2006, section 3 of Act 8 of 2007, section 5 of Act 35 of 2007 and section 2 of Act 3 of 2008 4.
''(eC) any amount awarded to a person by a beneï¬ciary fund as deï¬ned in the Pension Funds Act, 1956 (Act No.
by the substitution in the deï¬nition of ''pension fund'' for the words preceding the proviso to paragraph (c) of the following words: ''the Municipal Councillors Pension Fund provisionally registered under the Pension Funds Act, 1956 (Act No.
''(i) that the fund is a permanent fund bona ï¬de established for the purpose of providing annuities for employees on retirement from employment or for the dependants or nominees of deceased employees, or mainly for the said purpose and also for the purpose of providing beneï¬ts other than annuities for the persons aforesaid or for the purpose of providing any beneï¬t contemplated in paragraph 2C of the Second Schedule or section 15A or 15E of the Pension Funds Act, 1956 (Act No.
''(b) [contributions] payments or transfers to the fund in respect of a member are limited to any amount contemplated in paragraph [2(b)(ii)] 2(b) of the Second Schedule or any unclaimed beneï¬tas deï¬ned in the Pension Funds Act, 1956 (Act No.
a pension fund or any other pension preservation fund of which such member was previously a member; or a pension fund, pension preservation fund, provident preservation fund or retirement annuity fund of which such [the] member's former spouse is or was previously a member and such payment or transfer was made pursuant to an election by such member in terms of section 37D(4)(b)(ii) of the Pension Funds Act, 1956 (Act No.
by the substitution in the deï¬nition of ''provident fund'' for the words preceding the proviso of the following words: '' 'provident fund' means any fund (other than a pension fund, pension preservation fund, provident preservation fund, beneï¬t fund or retirement annuity fund) which is approved by the Commissioner in respect of the year of assessment in question and, in the case of any such fund established on or after 1 July 1986, is registered under the provisions of the Pension Funds Act, 1956 (Act No.
''(a) that the fund is a permanent fund bona ï¬de established solely for the purpose of providing beneï¬ts for employees on retirement from employment or solely for the purpose of providing beneï¬ts for the dependants or nominees of deceased employees or deceased former employees or solely for a combination of such purposes or mainly for the said purpose and also for the purpose of providing any beneï¬t contemplated in paragraph 2C of the Second Schedule or section 15A or 15E of the Pension Funds Act, 1956 (Act No.
''(b) [contributions] payments or transfers to the fund in respect of a member are limited to [amounts] any amount contemplated in paragraph [2(b)(ii)] 2(b) of the Second Schedule or any unclaimed beneï¬tasdeï¬ned in the Pension Funds Act, 1956 (Act No.
a provident fund or any other provident preservation fund of which [the] such member was previously a member; or a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund of which such [the] member's former spouse is or was previously a member and such payment or transfer was made pursuant to an election by such member in terms of section 37D(4)(b)(ii) of the Pension Funds Act, 1956 (Act No.
by the substitution for the deï¬nition of ''securities lending arrangement'' of the following deï¬nition: '' 'securities lending arrangement' means a 'lending arrangement' as deï¬ned in the [Uncertiï¬cated Securities Tax Act, 1998 (Act No. 31 of 1998)] Securities Transfer Tax Act, 2007 (Act No.
by the substitution for the deï¬nition of ''tax'' of the following deï¬nition: '' 'tax' or 'the tax' or 'taxation' means any levy, tax leviable under this Act or administrative penalty [leviable under this Act] imposed in terms of section 75B, and for the purposes of Part IV of Chapter III includes any levy or tax leviable under any previous Income Tax Act;''.
Paragraphs (b), (c) and (d) of subsection (1) come into operation on the date on which Part VIII of Chapter II of the Income Tax Act, 1962, comes into operation.
Paragraph (e) of subsection (1) comes into operation on 1 March 2009 and applies in respect of years of assessment commencing on or after that date.
Paragraphs (j) and (w) of subsection (1) are deemed to have come into operation on 21 October 2008.
Paragraphs (l) and (s) of subsection (1) are deemed to have come into operation on 1 January 2006.
Paragraph (y) of subsection (1) comes into operation on 1 March 2009 and applies in respect of lump sum beneï¬ts withdrawn on or after that date.
Paragraph (zA) of subsection (1) comes into operation on the date on which section 75B of the Income Tax Act, 1962, comes into operation.
Amendment of section 3 of Act 58 of 1962, as amended by section 3 of Act 141 of 1992, section 3 of Act 21 of 1994, section 3 of Act 21 of 1995, section 20 of Act 30 of 1998, section 3 of Act 59 of 2000, section 6 of Act 5 of 2001, section 4 of Act 19 of 2001, section 18 of Act 60 of 2001, section 7 of Act 74 of 2002, section 13 of Act 45 of 2003, section 4 of Act 16 of 2004, section 2 of Act 21 of 2006, section 1 of Act 9 of 2007, section 3 of Act 36 of 2007 and section 1 of Act 4 of 2008 5.
''(a) to approve a fund contemplated in the deï¬nition of a 'pension fund', 'pension preservation fund', 'provident fund', provident preservation fund' or ['retirement fund'] 'retirement annuity fund', subject to-''.
Amendment of section 5 of Act 58 of 1962, as substituted by section 2 of Act 6 of 1963 and amended by section 5 of Act 88 of 1971, section 5 of Act 90 of 1972, section 5 of Act 65 of 1973, section 5 of Act 103 of 1976, section 3 of Act 104 of 1980, section 4 of Act 96 of 1981, section 4 of Act 91 of 1982, section 3 of Act 94 of 1983, section 3 of Act 121 of 1984, section 5 of Act 21 of 1994, section 4 of Act 21 of 1995, section 7 of Act 5 of 2001 and section 3 of Act 3 of 2008 6.
''(c) 'B' represents the taxpayer's taxable income (excluding any retirement fund lump sum beneï¬t or retirement fund lump sum withdrawal beneï¬t) for the said year;''.
Paragraph (b) of subsection (1) comes into operation on 1 March 2009 and applies in respect of lump sum beneï¬ts withdrawn on or after that date.
Amendment of section 6 of Act 58 of 1962, as amended by section 4 of Act 90 of 1962, section 3 of Act 6 of 1963, section 5 of Act 72 of 1963, section 8 of Act 55 of 1966, section 7 of Act 95 of 1967, section 7 of Act 76 of 1968, section 8 of Act 89 of 1969, section 7 of Act 88 of 1971, section 5 of Act 104 of 1980, section 5 of Act 96 of 1981, section 5 of Act 91 of 1982, section 4 of Act 94 of 1983, section 4 of Act 121 of 1984, section 3 of Act 96 of 1985, section 4 of Act 85 of 1987, section 4 of Act 90 of 1988, section 4 of Act 70 of 1989, section 3 of Act 101 of 1990, section 4 of Act 129 of 1991, section 4 of Act 141 of 1992, section 5 of Act 21 of 1995, section 4 of Act 36 of 1996, section 3 of Act 28 of 1997, section 22 of Act 30 of 1998, section 5 of Act 32 of 1999, section 15 of Act 30 of 2000, section 6 of Act 19 of 2001, section 11 of Act 30 of 2002, section 35 of Act 12 of 2003, section 6 of Act 16 of 2004, section 3 of Act 9 of 2005, section 7 of Act 31 of 2005, section 20 of Act 9 of 2006 and section 5 of Act 8 of 2007 7.
''(1) There shall be deducted from the normal tax payable by any natural person, other than normal tax in respect of any retirement fund lump sum beneï¬tor retirement fund lump sum withdrawal beneï¬t, an amount equal to the sum of the amounts allowed to the taxpayer by way of rebates under subsection (2).''.
Subsection (1) comes into operation on 1 March 2009 and applies in respect of lump sum beneï¬ts withdrawn on or after that date.
Amendment of section 7 of Act 58 of 1962, as amended by section 5 of Act 90 of 1962, section 8 of Act 88 of 1965, section 5 of Act 55 of 1966, section 7 of Act 94 of 1983, section 2 of Act 30 of 1984, section 5 of Act 90 of 1988, section 5 of Act 70 of 1989, section 4 of Act 101 of 1990, section 7 of Act 129 of 1991, section 5 of Act 141 of 1992, section 6 of Act 21 of 1995, section 23 of Act 30 of 1998, section 13 of Act 53 of 1999, section 5 of Act 59 of 2000, section 10 of Act 74 of 2002, section 17 of Act 45 of 2003, section 5 of Act 32 of 2004, section 9 of Act 31 of 2005, section 8 of Act 35 of 2007 and section 4 of Act 3 of 2008 8.
''(11) Any deduction of a recurrent nature from the minimum individual reserve of a person in terms of section 37D(1)(d) of the Pension Funds Act, 1956 (Act No. 24 of 1956), shall be deemed for purposes of this Act to be income accrued to that person on the date of the deduction.''.
Amendment of section 8 of Act 58 of 1962, as amended by section 6 of Act 90 of 1962, section 6 of Act 90 of 1964, section 9 of Act 88 of 1965, section 10 of Act 55 of 1966, section 10 of Act 89 of 1969, section 6 of Act 90 of 1972, section 8 of Act 85 of 1974, section 7 of Act 69 of 1975, section 7 of Act 113 of 1977, section 8 of Act 94 of 1983, section 5 of Act 121 of 1984, section 4 of Act 96 of 1985, section 5 of Act 65 of 1986, section 6 of Act 85 of 1987, section 6 of Act 90 of 1988, section 5 of Act 101 of 1990, section 9 of Act 129 of 1991, section 6 of Act 141 of 1992, section 4 of Act 113 of 1993, section 6 of Act 21 of 1994, section 8 of Act 21 of 1995, section 6 of Act 36 of 1996, section 6 of Act 28 of 1997, section 24 of Act 30 of 1998, section 14 of Act 53 of 1999, section 17 of Act 30 of 2000, section 6 of Act 59 of 2000, section 7 of Act 19 of 2001, section 21 of Act 60 of 2001, section 12 of Act 30 of 2002, section 11 of Act 74 of 2002, section 18 of Act 45 of 2003, section 6 of Act 32 of 2004, section 4 of Act 9 of 2005, section 21 of Act 9 of 2006, section 5 of Act 20 of 2006, section 6 of Act 8 of 2007, section 9 of Act 35 of 2007 and section 5 of Act 3 of 2008 9.
''(n) Where a taxpayer disposes of an industrial asset contemplated in section 12G or a manufacturing asset contemplated in section 12I before completion of the write off period of that asset for purposes of section 11(e), 12C or 13, as applicable, there shall be included in the taxpayer's income, all amounts allowed to be deducted in respect of that industrial asset under section 12G or manufacturing asset under section 12I, whether in the current year or any previous year of assessment, which have been recovered or recouped during the current year of assessment, in addition to the inclusion of those amounts in terms of paragraph (a).''.
Amendment of section 8B of Act 58 of 1962, as inserted by section 6 of Act 104 of 1980, and amended by section 6 of Act 121 of 1984, section 6 of Act 101 of 1990, section 8 of Act 32 of 2004, section 11 of Act 31 of 2005, section 6 of Act 20 of 2006 and section 10 of Act 35 of 2007 10.
''(a) equity shares in that employer, or in a company [in the same group of companies as] that is an associated institution as deï¬ned in the Seventh Schedule in relation to the employer, are acquired by employees of that employer, for consideration which does not exceed the minimum consideration required by the Companies Act, 1973 (Act No.
by the substitution in subsection (3) for the deï¬nition of ''qualifying equity share'' of the following deï¬nition: '' 'qualifying equity share', in relation to a person, means an equity share acquired in a year of assessment in terms of a broad-based employee share plan, where the market value of all equity shares (as determined on the relevant date of grant of each equity share and excluding the market value of any qualifying equity share acquired in the circumstances contemplated in subsection (2A)), which were acquired by that person in terms of that plan in that year and the [two] four immediately preceding years of assessment, does not in aggregate exceed [R9 000] R50 000.''.
Paragraph (b) (insofar as it relates to the substitution for 90 per cent of 80 per cent and the substitution for the word ''persons'' of the word ''employees'') and paragraph of subsection (1) are deemed to have come into operation on 21 February 2008 and apply in respect of a qualifying equity share granted to a taxpayer on or after that date.
Paragraphs (a) and (c) and paragraph (b) (insofar as it relates to the substitution for the words ''in the same group of companies as'' of the words ''that is an associated institution as deï¬ned in the Seventh Schedule in relation to'') of subsection (1) are deemed to have come into operation on 21 October 2008 and apply in respect of a qualifying equity share granted to a taxpayer on or after that date.
Amendment of section 8C of Act 58 of 1962, as inserted by section 7 of Act 96 of 1981 and amended by section 7 of Act 121 of 1984, section 7 of Act 101 of 1990, section 8 of Act 32 of 2004, section 12 of Act 31 of 2005, section 7 of Act 20 of 2006 and section 11 of Act 35 of 2007 11.
''(1A) If a capital distribution as contemplated in paragraph 74 of the Eighth Schedule is received by or accrues to a taxpayer in respect of a restricted equity instrument, the taxpayer must include the amount of the capital distribution in his or her income for the year of assessment during which the amount is received or accrues.'
forfeiting ownership or the right to acquire ownership of that equity instrument otherwise than at market value; or being penalised ï¬nancially in any other manner for not complying with the terms of the agreement for the acquisition of that equity instrument;''.
Paragraph (a) of subsection (1) is deemed to have come into operation on 21 October 2008 and applies in respect of a capital distribution received by or accrued to a taxpayer on or after that date.
Paragraphs (b), (c), (d) and (e) of subsection (1) are deemed to have come into operation on 21 October 2008 and apply in respect of an equity instrument acquired by a taxpayer on or after that date.
Amendment of section 9C of Act 58 of 1962, as inserted by section 14 of Act 35 of 2007 and amended by section 7 of Act 3 of 2008 12.
''(2A) Subsection (2) does not apply in respect of so much of the amount received or accrued in respect of the disposal of a qualifying share contemplated in that subsection as does not exceed the expenditure allowed in respect of that share in terms of section 12J(3).''.
Subsection (1) comes into operation on 1 July 2009.
Amendment of section 9D of Act 58 of 1962, as inserted by section 9 of Act 28 of 1997, amended by section 28 of Act 30 of 1998, section 17 of Act 53 of 1999, section 19 of Act 30 of 2000, section 10 of Act 59 of 2000, section 9 of Act 5 of 2001, section 22 of Act 60 of 2001, section 14 of Act 74 of 2002, section 22 of Act 45 of 2003, section 13 of Act 32 of 2004, section 14 of Act 31 of 2005, section 9 of Act 20 of 2006, section 9 of Act 8 of 2007, section 15 of Act 35 of 2007 and section 8 of Act 3 of 2008 13.
the right to participate directly or indirectly in the share capital, share premium, current or accumulated proï¬ts or reserves of that company, whether or not of a capital nature; or in the case where no person has any right in that [foreign] company as contemplated in paragraph (a) or no such rights can be determined for any person, the right to exercise any voting rights in that company.'
''(B)[after] disregarding any assessed losses; or''.
VIII of Chapter II of the Income Tax Act, 1962, comes into operation.
Paragraphs (c), (d) and (f) of subsection (1) come into operation on 1 January 2009 and apply in respect of amounts derived on or after that date.
Insertion of section 9E into Act 58 of 1962 14.
a bank as deï¬ned in section 1 of the Banks Act, 1990 (Act No.
an authorised user as deï¬ned in section 1 of the Securities Services Act, 2004 (Act No.
a long-term insurer as deï¬ned in section 1 of the Long-Term Insurance Act, 1998 (Act No.
a short-term insurer as deï¬ned in section 1 of the Short-Term Insurance Act, 1998 (Act No.
'passive income', in relation to a company, means an amount equal to so much of the gross income of the company for a year of assessment as is derived from ï¬nancial instruments.
There must be levied and paid for the beneï¬t of the National Revenue Fund a tax in respect of the dividends received by or accrued to a passive holding company during a year of assessment.
The rate of tax chargeable in respect of dividends received or accrued as contemplated in subsection (2) is ï¬xed annually by Parliament.
the dividends received by or accrued to the company on or after that date to the extent that the dividends are subject to tax in terms of subsection (2); and the taxable income derived by the company on or after that date to the extent that that taxable income is subject to a rate of tax that is ï¬xed in terms of section 5 in respect of the taxable income of a passive holding company.
If the Commissioner is satisï¬ed that any tax imposed in terms of this section has not been paid in full, he or she may estimate the unpaid amount and issue to the person concerned a notice of assessment of the unpaid amount.
If a person fails to pay any tax imposed in terms of this section within the required period, interest must be paid by that person on the balance of the tax outstanding at the prescribed rate reckoned from the end of that period.
The provisions of this Act relating to the assessment and recovery of tax and administrative penalties in the event of default or omission apply, with the changes required by the context, in respect of tax imposed in terms of this section.
Every person that controls or is regularly involved in the management of the overall ï¬nancial affairs of any company that is liable for tax in terms of this section, and that is a shareholder or director of that company is personally liable for the tax, additional tax, penalty or interest for which that company is liable.''.
Subsection (1) comes into operation on the date on which Part VIII of Chapter II of the Income Tax Act, 1962, comes into operation.
Amendment of section 9G of Act 58 of 1962, as inserted by section 25 of Act 60 of 2001 and amended by section 17 of Act 74 of 2002, section 25 of Act 45 of 2003 and section 15 of Act 31 of 2005 15.
amount in any foreign currency which is taken into account in the determination of the taxable income of any person in respect of any foreign equity instrument acquired during any year of assessment ending before 8 November 2005,''.
Amendment of section 10 of Act 58 of 1962, as amended by section 8 of Act 90 of 1962, section 7 of Act 72 of 1963, section 8 of Act 90 of 1964, section 10 of Act 88 of 1965, section 11 of Act 55 of 1966, section 10 of Act 95 of 1967, section 8 of Act 76 of 1968, section 13 of Act 89 of 1969, section 9 of Act 52 of 1970, section 9 of Act 88 of 1971, section 7 of Act 90 of 1972, section 7 of Act 65 of 1973, section 10 of Act 85 of 1974, section 8 of Act 69 of 1975, section 9 of Act 103 of 1976, section 8 of Act 113 of 1977, section 4 of Act 101 of 1978, section 7 of Act 104 of 1979, section 7 of Act 104 of 1980, section 8 of Act 96 of 1981, section 6 of Act 91 of 1982, section 9 of Act 94 of 1983, section 10 of Act 121 of 1984, section 6 of Act 96 of 1985, section 7 of Act 65 of 1986, section 3 of Act 108 of 1986, section 9 of Act 85 of 1987, section 7 of Act 90 of 1988, section 36 of Act 9 of 1989, section 7 of Act 70 of 1989, section 10 of Act 101 of 1990, section 12 of Act 129 of 1991, section 10 of Act 141 of 1992, section 7 of Act 113 of 1993, section 4 of Act 140 of 1993, section 9 of Act 21 of 1994, section 10 of Act 21 of 1995, section 8 of Act 36 of 1996, section 9 of Act 46 of 1996, section 10 of Act 28 of 1997, section 29 of Act 30 of 1998, section 18 of Act 53 of 1999, section 21 of Act 30 of 2000, section 13 of Act 59 of 2000, sections 9 and 78 of Act 19 of 2001, section 26 of Act 60 of 2001, section 13 of Act 30 of 2002, section 18 of Act 74 of 2002, section 36 of Act 12 of 2003, section 26 of Act 45 of 2003, section 8 of Act 16 of 2004, section 14 of Act 32 of 2004, section 5 of Act 9 of 2005, section 16 of Act 31 of 2005, section 23 of Act 9 of 2006, section 10 of Act 20 of 2006, section 10 of Act 8 of 2007, section 16 of Act 35 of 2007 and section 9 of Act 3 of 2008 16.
''(cc) to any dividend received by or accrued to or in favour of any person where such dividend constitutes or forms part of any consideration paid or payable to such person in respect of the disposal of shares (other than affected shares in respect of which the taxpayer has, in terms of the provisions of section 9B, elected the amount received or accrued on disposal to be deemed to be of a capital nature and other than qualifying shares as deï¬ned in section 9C), which were held as trading stock by such person in a company and such shares were acquired by such company in terms of section 85 of the Companies Act, 1973 (Act No.
by way of deduction from the minimum individual reserve of any other person in terms of section 37D(1)(d) of the Pension Funds Act, 1956 (Act No.
investment income as deï¬ned in section 12E; or remuneration as deï¬ned in the Fourth Schedule.''.
Paragraphs (a), (b) and (g) of subsection (1) come into operation on 1 March 2009 and apply in respect of years of assessment commencing on or after that date.
Paragraph (c) of subsection (1) is deemed to have come into operation on 1 October 2007 and applies in respect of a disposal on or after that date.
Amendment of section 10A of Act 58 of 1962, as inserted by section 8 of Act 65 of 1973 and amended by section 11 of Act 85 of 1974, section 8 of Act 113 of 1993, section 11 of Act 21 of 1995, section 11 of Act 28 of 1997, section 19 of Act 53 of 1999, section 14 of Act 59 of 2000, section 11 of Act 5 of 2001, section 15 of Act 32 of 2004 and section 17 of Act 31 of 2005 17.
''but does not include any agreement for the payment by any insurer of any annuity which is under the rules of a pension fund [or of a], pension preservation fund, provident fund, provident preservation fund or [of a] retirement annuity fund payable to a member of such fund or to any other person;''.
''(gD) where that trade constitutes the provision of telecommunication services, the exploration, production or distribution of petroleum or the provision of gambling facilities, any expenditure (other than in respect of infrastructure) incurred to acquire a licence from the Government, a provincial administration or a municipality contemplated in section 10(1)(a) or (b), or an institution or entity contemplated in Schedule 1 or Part A or C of Schedule 3 to the Public Finance Management Act, 1999 (Act No.
by the deletion of paragraphs (p) and (q); and by the deletion of paragraph (t).
Paragraph (b) of subsection (1) comes into operation on 1 March 2009 and applies in respect of years of assessment commencing on or after that date.
Paragraph (d) of subsection (1) is deemed to have come into operation on 1 January 2008 and applies in respect of years of assessment ending on or after that date.
Paragraph (e) of subsection (1) is deemed to have come into operation on 21 February 2008 and applies in respect of shares granted on or after that date.
Paragraph (i) of subsection (1) is deemed to have come into operation on 21 October 2008 and applies in respect of expenditure incurred on or after that date.
Amendment of section 11D of Act 58 of 1962, as inserted by section 13 of Act 20 of 2006 and amended by section 13 of Act 8 of 2007, section 3 of Act 9 of 2007, section 19 of Act 35 of 2007 and section 11 of Act 3 of 2008 19.
''if that information, invention, design, computer program or knowledge is of a scientiï¬c or technological nature, and is intended to be used by the taxpayer in the production of his or her income or is discovered, devised, developed or created by the taxpayer for purposes of deriving income.''.
Subsection (1) is deemed to have come into operation on 2 November 2006 and applies in respect of any activities undertaken on or after that date.
Amendment of section 12C of Act 58 of 1962, as inserted by section 14 of Act 101 of 1990 and amended by section 11 of Act 113 of 1993, section 7 of Act 140 of 1993, section 11 of Act 21 of 1994, section 13 of Act 21 of 1995, section 10 of Act 46 of 1996, section 18 of Act 59 of 2000, section 11 of Act 19 of 2001, section 15 of Act 30 of 2002, section 30 of Act 45 of 2003, section 8 of Act 9 of 2005, section 20 of Act 31 of 2005, section 14 of Act 8 of 2007 and section 22 of Act 35 of 2007 20.
''(4A) Where any asset in respect of which any deduction is claimed in terms of this section was during any previous [ï¬nancial] year of assessment [brought into use for the ï¬rst time] used by the taxpayer for the purposes of any trade carried on by such taxpayer, the receipts and accruals of which were not included in the income of such taxpayer during such year, any deduction which could have been allowed in terms of this section during such previous year or any subsequent year that such asset was used by such taxpayer shall for the purposes of this section be deemed to have been allowed during such previous year or years as if the receipts and accruals of such trade had been included in the income of such taxpayer.''.
Amendment of section 12D of Act 58 of 1962, as amended by section 19 of Act 59 of 2000, section 23 of Act 30 of 2000, section 28 of Act 60 of 2001, section 16 of Act 30 of 2002 and section 23 of Act 35 of 2007 21.
''(3A) Where any affected asset in respect of which any deduction is claimed in terms of this section was during any previous [ï¬nancial] year of assessment [brought into use for the ï¬rst time] used by the taxpayer for the purposes of any trade carried on by such taxpayer, the receipts and accruals of which were not included in the income of such taxpayer during such year, any deduction which could have been allowed in terms of this section during such previous year or any subsequent year in which such asset was used by such taxpayer shall for the purposes of this section be deemed to have been allowed during such previous year or years as if the receipts and accruals of such trade had been included in the income of such taxpayer.''.
Amendment of section 12DA of Act 58 of 1962, as inserted by section 24 of Act 35 of 2007 22.
''(4) Where any rolling stock in respect of which any deduction is claimed in terms of this section was during any previous [ï¬nancial] year of assessment [brought into use for the ï¬rst time] used by the taxpayer for the purposes of any trade carried on by such taxpayer, the receipts and accruals of which were not included in the income of such taxpayer during such year, any deduction which could have been allowed in terms of this section during such year or any subsequent year in which such asset was used by the taxpayer shall for the purposes of this section be deemed to have been allowed during such previous year or years as if the receipts and accruals of such trade had been included in the income of such taxpayer.''.
Amendment of section 12E of Act 58 of 1962, as amended by section 12 of Act 19 of 2001, section 17 of Act 30 of 2002, section 21 of Act 74 of 2002, section 37 of Act 12 of 2003, section 31 of Act 45 of 2003, section 9 of Act 9 of 2005, section 21 of Act 31 of 2005, section 14 of Act 20 of 2006, section 24 of Act 9 of 2006, section 15 of Act 8 of 2007, section 25 of Act 35 of 2007 and section 13 of Act 3 of 2008 23.
''(iv) such company is not [an employment company] a personal service provider as deï¬ned in the Fourth Schedule;''; and by the deletion in subsection (4) of paragraph (b).
Paragraphs (c), (d) and (e) of subsection (1) come into operation on 1 July 2009.
Paragraphs (f) and (g) of subsection (1) come into operation on 1 March 2009 and apply in respect of a year of assessment commencing on or after that date.
Amendment of section 12F of Act 58 of 1962, as inserted by section 12 of Act 19 of 2001 and amended by section 26 of Act 35 of 2007 24.
''(3A) Where any asset in respect of which any deduction is claimed in terms of this section was during any previous [ï¬nancial] year of assessment [brought into use for the ï¬rst time] used by the taxpayer for the purposes of any trade carried on by such taxpayer, the receipts and accruals of which were not included in the income of such taxpayer during such year, any deduction which could have been allowed in terms of this section during such year or any subsequent year in which such asset was used by the taxpayer shall for the purposes of this section be deemed to have been allowed during such previous year or years as if the receipts and accruals of such trade had been included in the income of such taxpayer.''.
Amendment of section 12H of Act 58 of 1962, as amended by section 32 of Act 45 of 2003, section 22 of Act 31 of 2005, section 25 of Act 9 of 2006 and section 2 of Act 8 of 2007 25.
the year that the minimum period contemplated in paragraph (b) of that deï¬nition terminates, had the employer and the learner entered into any other agreement as contemplated in paragraph (a) of that deï¬nition at the beginning of that year and had the learner completed that other agreement at the end of that period, less the deduction allowed in terms of paragraph (a) in respect of such agreement.'
where an employer enters into a registered learnership agreement with a learner as a result of the substitution of an existing registered learnership agreement, as contemplated in regulation [5(2)] 7(4) of the Learnership Regulations, [2001] 2007; or where an employer enters into a registered learnership agreement with a learner, and a deduction is or was allowable to that employer during any year of assessment in respect of any other registered learnership agreement entered into by that employer with that learner in respect of the same learnership registered by the Director General of Labour, as contemplated in regulation [3(3)] 5(3) of the Learnership Regulations, 2007.'
''(5A) Any SETA with which a learnership agreement has been registered as contemplated in section 17(3) of the Skills Development Act, 1998, must submit to the Minister the information that the Minister requires in the form and manner and at the place and within the time that the Minister prescribes.
In respect of each year of assessment during which an employer is eligible for any deduction contemplated in subsection (1), the employer must submit to the SETA with which the learnership agreement is registered the information that the SETA requires in the form and manner and at the place and within the time indicated by the SETA.'
Regulations, 2001'' of the following deï¬nition: '' 'Learnership Regulations, 2007' means the Learnership Regulations, 2007 (Government Notice No. R.519 published in Government Gazette No. 30010 of 29 June 2007), made by the Minister of Labour in terms of section 36, read with sections 16 and 17, of the Skills Development Act, 1998 (Act No.
''(b) a contract of apprenticeship registered [with the Department of Labour] in terms of section 18 of the Manpower Training Act, 1981 (Act No. 56 of 1981), if the minimum period of training required in terms of the Conditions of Apprenticeship prescribed in terms of section 13(2)(b) of that Act before the apprentice is permitted to undergo a trade test is more than 12 months;''.
Insertion of section 12I into Act 58 of 1962 26.
will mainly be used by that company in the Republic for the purposes of carrying on an industrial project of that company within the Republic; and will qualify for a deduction in terms of section 12C(1)(a),13or 13quat.
35 per cent of the cost of any manufacturing asset used in any other industrial policy project, in the year of assessment during which that asset is ï¬rst brought into use by the company as owner thereof for the furtherance of the industrial policy project carried on by that company, if that asset was acquired or contracted for on or after the date of approval and was brought into use within four years from the date of approval.
R550 million in the case of any brownï¬eld project with preferred status, or R350 million in the case of any other brownï¬eld project.
In addition to any other deductions allowable in terms of this Act, a company may, subject to subsection (5), deduct an amount (hereinafter referred to as an additional training allowance) equal to the cost of training provided to employees in the year of assessment during which the cost of training is incurred for the furtherance of the industrial policy project carried on by that company.
The cost of training contemplated in subsection (4) must be incurred within six years from the date of approval, and the additional training allowance contemplated in subsection (4) allowed to a company may not exceed R36 000 per employee.
R20 million in the case of any other industrial policy project.
Where a taxpayer is allowed a deduction in terms of subsection (2) in the current or any previous year of assessment, any balance of assessed loss carried forward by the taxpayer during a year of assessment must be increased by the amount by which that balance of assessed loss exceeds an amount equal to any balance of assessed loss that would have been carried forward during that year had that deduction not been allowed, multiplied by the rate contemplated in paragraph (a) of the deï¬nition of 'prescribed rate' as at the end of the year of assessment.
Paragraph (a) does not apply in respect of any balance of assessed loss incurred by a taxpayer during any year of assessment more than four years after the year during which the approval contemplated in subsection is granted.
more than 50 per cent of the manufacturing assets to be acquired by the company for the purposes of the project will be brought into use by that company within four years from the date of approval; and the application for approval of the project by the company is received by the Minister of Trade and Industry not later than 31 December 2014, in such form and containing such information as the Minister of Trade and Industry may prescribe.
the extent to which the project will provide skills development in the Republic; and in the case of a greenï¬eld project, the location of the project within an Industrial Development Zone.
Notwithstanding subsection (8), the Minister of Trade and Industry may not approve any industrial project where the potential additional investment allowances in respect of that project and all other approved industrial projects (other than those projects where the approval thereof has been withdrawn under subsection (12)), will in the aggregate exceed R20 billion.
the extent to which the project must improve energy efficiency and the factors to be taken into account in determining the extent to which the project must utilise new technology that results in improved energy efficiency and cleaner production technology; and what constitutes an industrial participation project and a concurrent industrial incentive.
Within 12 months after the close of each year of assessment, starting with the year in which approval is granted in terms of subsection (8), a company carrying on an industrial policy project must report to the adjudication committee with respect to the progress of the industrial policy project in terms of the requirements of subsections (7) and (8) in such form and in such manner as the Minister of Finance may prescribe.
the company fails to submit a report to the adjudication committee as required in terms of subsection (11); or the approval granted in terms of subsection (8) was based on fraudulent information or misrepresentation or non-disclosure of material facts, the Minister of Trade and Industry may, after taking into account the recommendations of the adjudication committee, withdraw the approval granted in respect of that industrial policy project with effect from a date speciï¬ed by that Minister, and must inform the Commissioner of that withdrawal and of that date.
disallow all deductions otherwise provided for under this section starting with the date of approval if the company is guilty of fraud or misrepresentation or non-disclosure of material facts with regard to any tax, duty or levy administered by the Commissioner and must notify the Minister of Trade and Industry accordingly; and inform the Minister of Trade and Industry where any company has requested the Commissioner to issue a certiï¬cate contemplated in subsection (7)(b)(ii) and that certiï¬cate was denied.
The Commissioner may, notwithstanding the provisions of sections 79, 81(5) and 83(18), raise an additional assessment for any year of assessment where an additional investment allowance which has been allowed in any previous year must be disallowed in terms of subsection (12) or (13).
Where the approval of an industrial project has been withdrawn as contemplated in subsection (12), a company is in addition to any normal tax liable for an amount of additional tax not exceeding twice the difference between the tax as calculated in respect of its taxable income returned by it and the tax properly chargeable in respect of its taxable income as determined after disallowing the additional investment allowance provided by this section.
Revenue Service, appointed by the Minister of Finance: Provided that the Minister of Trade and Industry or the Minister of Finance, as the case may be, may appoint alternative persons so employed if any person appointed in terms of paragraph (a) or (b) is not available to perform any function as a member of the committee.
for a speciï¬c purpose and on such conditions and for such period as it may determine obtain the assistance of any person to advise the adjudication committee relating to any function assigned to the committee in terms of this section; and appoint its own chairperson and determine the procedures for its meetings provided that all procedures must be properly recorded and minuted.
act in any way that is inconsistent with the provisions of subsection (17) or expose themselves to any situation involving the risk of a conï¬ict between their responsibilities and private interests; or use their position or any information entrusted to them, to enrich themselves or improperly beneï¬t any other person.
any decision to withdraw the approval of an industrial policy project in terms of subsection (12); and any decisions not to withdraw the approval of an industrial policy project, despite any material change in facts.
certiï¬cates issued under subsection (7)(b)(ii); and failures to respond within 60 days as contemplated in the proviso to subsection (7)(b)(ii).
Notwithstanding the provisions of section 4, the Commissioner must disclose to the Minister of Trade and Industry and the adjudication committee, including any person whose assistance has been obtained by that committee, such information relating to the affairs of any company carrying on an industrial policy project as is necessary to enable the Minister of Trade and Industry and the adjudication committee to perform their functions in terms of this section.
Every employee of the Department of Trade and Industry and every member of the adjudication committee, including any person whose assistance has been obtained by that committee, must preserve and aid in preserving secrecy with regard to all matters that may come to their knowledge in the performance of their functions in terms of this section, and may not communicate any such matter to any person whatsoever other than to the company concerned or its legal representative, nor allow any such person to have access to any records in the possession or custody of that Department or committee, except in terms of the law or an order of court.
Any person who contravenes the provisions of subsections (18) and (22), is guilty of an offence and liable on conviction to a ï¬ne or to imprisonment for a period not exceeding two years.
For the purposes of this section the cost to a taxpayer of any manufacturing asset is deemed to be the lesser of the actual cost to the taxpayer or the cost which a person would, if the person had acquired that manufacturing asset under a cash transaction concluded at arm's length on the date on which the transaction for the acquisition was in fact concluded, have incurred in respect of the direct cost of the acquisition of the manufacturing asset.''.
Insertion of section 12J into Act 58 of 1962 27.
any trade carried on by a bank as deï¬ned in the Banks Act, 1990 (Act No. 94 of 1990), a long-term insurer as deï¬ned in the Long-Term Insurance Act, 1998 (Act No. 52 of 1998), a short term insurer as deï¬ned in the Short-Term Insurance Act, 2008 (Act No.
'qualifying share' means an equity share held by a venture capital company which is issued to that company by a qualifying company, unless that venture capital company has an option to dispose of the share, or the qualifying company has an obligation to redeem that share, for an amount other than the market value of the share at the time of that disposal or redemption; 'venture capital company' means a company that has been approved by the Commissioner in terms of subsection (5).
There must be allowed as a deduction from the income of a natural person, a listed company or a controlled group company in relation to a listed company as contemplated in the deï¬nition of group of companies in section 41, a deduction determined in terms of subsection (3) in respect of expenditure actually incurred by that person or company in acquiring shares issued to that person or company by a venture capital company.
any company is the expenditure incurred in respect of shares which, together with other shares held by that company and any other company forming part of the same group of companies as deï¬ned in section 41 as that company in the venture capital company, do not constitute more than 10 per cent of the equity shares of the venture capital company.
A claim for a deduction in terms of subsection (2) must be supported by a certiï¬cate issued by the venture capital company stating the amounts invested in that company and that the Commissioner approved that company as contemplated in subsection (5).
the company is licensed in terms of section 7 of the Financial Advisory and Intermediary Services Act, 2002 (Act No.
at least 80 per cent of the expenditure incurred by the company to acquire assets held by the company will be for qualifying shares issued to it by qualifying companies that hold assets with a book value not exceeding R10 million immediately after that issue or, if any such company is a junior mining company, not exceeding R100 million; and no more than 15 per cent of the expenditure incurred by the company to acquire qualifying shares held by the company will be incurred for qualifying shares issued to it by any one qualifying company.
If the Commissioner is satisï¬ed that any venture capital company approved in terms of subsection (5) has during a year of assessment failed to comply with the provisions of that subsection, the Commissioner must after due notice to the company withdraw that approval from the commencement of that year if corrective steps acceptable to the Commissioner are not taken by that company within a period stated in that notice.
A company may apply for approval in terms of subsection (5) in respect of the year following the year during which approval was withdrawn in respect of that company in terms of subsection (6) if the non-compliance which resulted in the withdrawal has been rectiï¬ed to the satisfaction of the Commissioner.
If the Commissioner withdraws the approval of a company in terms of subsection (6) as a result of non-compliance with subsection (5), an amount equal to 125 per cent of the expenditure incurred by any person for the issue of shares held in the company must be included in the income of the company during the year of withdrawal.
A venture capital company must submit to the Commissioner an annual return within such time and containing such information as the Commissioner may prescribe.
A venture capital company must submit to the Minister a report providing the Minister with the information that the Minister may prescribe.
No deduction shall be allowed under this section in respect of shares acquired after 30 June 2021.''.
Amendment of section 13ter of Act 58 of 1962, as inserted by section 13 of Act 91 of 1982 and amended by section 14 of Act 94 of 1983 and section 22 of Act 59 of 2000 28.
'' 'residential unit' means any self-contained residential accommodation consisting of more than one room (but excluding any hostel, hotel or similar accommodation), the erection of which was commenced by the taxpayer on or after 1 April 1982 and before 21 October 2008 and which was erected under a housing project of the taxpayer-''.
Amendment of section 13quat of Act 58 of 1962, as inserted by section 33 of Act 45 of 2003 and amended by section 12 of Act 16 of 2004, section 19 of Act 32 of 2004, section 23 of Act 31 of 2005 and section 16 of Act 8 of 2007 29.
25 per cent of that cost in each of the three succeeding years of assessment.
30 per cent of the purchase price of that part of a building, in the case of a building improved by that developer as contemplated in subsection (3)(b) or (3A)(b), is deemed to be costs incurred by that taxpayer in respect of the erection, extension, addition to or improvement of that part of a building.'
Commissioner and the Minister in respect of each urban development zone located within that municipality containing such information, within such time and in such manner as is prescribed by the Minister.''.
Subsection (1) is deemed to have come into effect on 21 October 2008 and applies 15 in respect of an erection, extension, addition or improvement that commences on or after that date.
Amendment of section 13quin of Act 58 of 1962, as inserted by section 28 of Act 35 of 2007 30. (1) Section 13quin of the Income Tax Act, 1962, is hereby amended by the addition of the following subsection: ''(7) For the purposes of subsection (1), to the extent that the taxpayer acquires for the acquisition of the new and unused residential unit (or of the new and unused improvement to the residential unit) was in fact concluded, have incurred in respect of the direct cost of the acquisition or erection of the residential unit or improvement.
30 per cent of the acquisition price, in the case of an improvement being 25 acquired, is deemed to be the cost incurred by that taxpayer in respect of that part or improvement, as the case may be.''.
Subsection (1) is deemed to have come into effect on 21 October 2008 and applies in respect of a part or improvement acquired on or after that date.
Insertion of section 13sex into Act 58 of 1962 31.
13sex.
the taxpayer owns at least ï¬ve residential units within the Republic, which are used by the taxpayer for the purposes of a trade carried on by the taxpayer.
during that year of assessment.
Where any residential unit (or an improvement to the residential unit) in respect of which any deduction is claimed in terms of this section was during any year of assessment used by the taxpayer for the purpose of any trade carried on by that taxpayer, the receipt and accruals of which were not included in the income of that taxpayer during that year, any deduction which could have been allowed in terms of this section during that year or any subsequent year in which that residential unit (or an improvement to the residential unit) was used by the taxpayer shall for the purposes of this section be deemed to have been allowed during that previous year or those years as if the receipts and accruals of that trade had been included in the income of that taxpayer.
No deduction shall be allowed under this section in respect of the cost of any residential unit (or an improvement to a residential unit) that has been disposed of by the taxpayer during any previous year of assessment.
No deduction shall be allowed under this section in respect of the cost of a residential unit (or an improvement to a residential unit) if any of the cost has qualiï¬ed or will qualify for deduction from the taxpayer's income as a deduction of expenditure or an allowance in respect of expenditure under any other section of this Act.
The deductions which may be allowed or deemed to have been allowed in terms of this section and any other provision of this Act in respect of the cost of any residential unit (or any improvement to a residential unit) shall not in the aggregate exceed the amount of such cost.
30 per cent of the acquisition price, in the case of the improvement being acquired, is deemed to be the cost incurred by that taxpayer in respect of that unit or improvement, as the case may be.''.
Subsection (1) is deemed to have come into operation on 21 October 2008 and applies in respect of a residential unit or improvement thereto acquired, or the erection of which commences, on or after that date.
Insertion of section 13sept into Act 58 of 1962 32.
13sept. (1) Subject to section 36, there must be allowed as a deduction from the income of the taxpayer an amount determined in terms of subsection (2) in respect of the disposal of any low-cost residential unit by the taxpayer to an employee of the taxpayer (or an associated institution as deï¬ned in the Seventh Schedule in relation to the taxpayer).
The deduction contemplated in subsection (1) is an amount equal to 10 per cent of any amount owing to the taxpayer by the employee in respect of the unit at the end of the taxpayer's year of assessment: Provided that no such deduction shall be allowed in the eleventh and subsequent years of assessment after the disposal of that low-cost residential unit, as contemplated in subsection (1).
the employee must pay interest to the taxpayer in respect of the amount owing to the taxpayer by the employee in respect of the unit; or the disposal is for an amount that exceeds the actual cost (other than borrowing or ï¬nance costs) to the taxpayer of the unit and the land on which the unit is erected.
the amount so paid; or the amount allowed as a deduction in terms of this section in the current and any previous year of assessment.''.
Subsection (1) is deemed to have come into operation on 21 October 2008 and applies in respect of a unit disposed of on or after that date.
Amendment of section 18 of Act 58 of 1962, as amended by section 15 of Act 95 of 1967, section 12 of Act 76 of 1968, section 17 of Act 89 of 1969, section 14 of Act 52 of 1970, section 15 of Act 88 of 1971, section 12 of Act 104 of 1980, section 15 of Act 96 of 1981, section 15 of Act 121 of 1984, section 11 of Act 96 of 1985, section 14 of Act 90 of 1988, section 11 of Act 70 of 1989, section 16 of Act 101 of 1990, section 19 of Act 129 of 1991, section 18 of Act 141 of 1992, section 16 of Act 21 of 1995, section 23 of Act 53 of 1999, section 26 of Act 59 of 2000, section 19 of Act 30 of 2002, section 25 of Act 31 of 2005, sections 2 and 17 of Act 8 of 2007 and section 30 of Act 35 of 2007 33.
''(d) any expenditure that is prescribed by the Commissioner (other than expenditure recoverable by the taxpayer or his or her spouse) necessarily incurred and paid by the taxpayer in consequence of any physical impairment or disability suffered by the taxpayer, his or her spouse or [any] child, or any dependant of the taxpayer contemplated in paragraph (b)(i).'
by the substitution in subsection (2)(c)(ii) for the words following item (bb) of the following words: ''as in the aggregate exceeds 7,5 per cent of the taxpayer's taxable income (excluding any retirement fund lump sum beneï¬t and retirement fund lump sum withdrawal beneï¬t) as determined before allowing any deduction under this subparagraph.'
has lasted or has a prognosis of lasting more than a year; and is diagnosed by a duly registered medical practitioner in accordance with criteria prescribed by the Commissioner.'
''(b) in the case of any other child, was incapacitated by [physical or mental inï¬rmity] a disability from maintaining himself or herself and was wholly or partially dependent for [his] maintenance upon the taxpayer and has not become liable for the payment of normal tax in respect of [the] such year [of assessment].''.
Subsection (1) comes into operation on 1 March 2009 and applies in respect of years of assessment commencing on or after that date.
Amendment of section 18A of Act 58 of 1962, as inserted by section 15 of Act 52 of 1970, substituted by section 24 of Act 30 of 2000 and amended by section 72 of Act 59 of 2000, section 20 of Act 30 of 2002, section 34 of Act 45 of 2003, section 26 of Act 31 of 2005, section 16 of Act 20 of 2006, section 18 of Act 8 of 2007 and section 31 of Act 35 of 2007 34.
by the insertion in subsection (1) after paragraph (b) of the following cies' in section 1 of the Convention on the Privileges and Immunities of the Specialized Agencies, 1947, set out in Schedule 4 to the Diplomatic Immunities and Privileges Act, 2001 (Act No.
by the substitution in subsection (1) for the words following paragraph (c) of the following words: ''as does not exceed ten per cent of the taxable income (excluding any retirement fund lump sum beneï¬t and retirement fund lump sum withdrawal beneï¬t) of the taxpayer as calculated before allowing any deduction under this section or section 18.'
an employees' tax certiï¬cate as deï¬ned in the Fourth Schedule on which the amount of donations contemplated in paragraph 2(4)(f) of that Schedule, for which the employer has received a receipt contemplated in paragraph (a), is given.'
any donation in respect of which a receipt was issued by that public beneï¬t organisation, institution, board [or], body or agency during any year of assessment speciï¬ed in that notice, will be deemed to be taxable income of that public beneï¬t organisation, institution, board [or], body or agency in that year; and if corrective steps are not taken by that public beneï¬t organisation, institution, board [or], body or agency within a period stated by the Commissioner in that notice, any receipt issued by that public beneï¬t organisation, institution, board [or], body or agency in respect of any donation made on or after the date speciï¬ed in that notice shall not qualify as a valid receipt for purposes of subsection (2).''.
Paragraph (c) of subsection (1), insofar as it adds paragraph (b) to subsection (2), comes into operation on 1 March 2009 and applies in respect of years of assessment commencing on or after that date.
Amendment of section 20 of Act 58 of 1962, as amended by section 13 of Act 90 of 1964, section 18 of Act 88 of 1965, section 13 of Act 76 of 1968, section 18 of Act 89 of 1969, section 8 of Act 101 of 1978, section 18 of Act 94 of 1983, section 16 of Act 113 of 1993, section 15 of Act 65 of 1973, section 15 of Act 28 of 1997, section 19 of Act 101 of 1990, section 17 of Act 21 of 1995, section 26 of Act 30 of 2000, section 27 of Act 59 of 2000, section 23 of Act 74 of 2002, section 35 of Act 45 of 2003, section 19 of Act 8 of 2007, section 32 of Act 35 of 2007 and section 15 of Act 3 of 2008 35.
''(ii) 'assessed loss' as deï¬ned in subsection (2) incurred in such year before taking into account that retirement fund lump sum beneï¬tor retirement fund lump sum withdrawal beneï¬t.''.
Amendment of section 22 of Act 58 of 1962, as amended by section 8 of Act 6 of 1963, section 14 of Act 90 of 1964, section 21 of Act 89 of 1969, section 23 of Act 85 of 1974, section 20 of Act 69 of 1975, section 15 of Act 103 of 1976, section 20 of Act 94 of 1983, section 19 of Act 121 of 1984, section 14 of Act 65 of 1986, section 5 of Act 108 of 1986, section 21 of Act 101 of 1990, section 22 of Act 129 of 1991, section 17 of Act 113 of 1993, section 1 of Act 168 of 1993, section 19 of Act 21 of 1995, section 12 of Act 36 of 1996, section 25 of Act 53 of 1999, section 27 of Act 30 of 2000, section 12 of Act 5 of 2001, section 24 of Act 74 of 2002 and section 37 of Act 45 of 2003 36.
''(4) If any trading stock has been acquired by any person for no consideration or for a consideration which is not measurable in terms of money, such person shall for the purposes of subsection (3), unless subsection (3)(a)(iA) applies, be deemed to have acquired such trading stock at a cost equal to the current market price of such trading stock on the date on which it was acquired by such person[: Provided that any capitalization shares awarded by any company to shareholders of that company on or after 1 July 1957 shall have no value as trading stock in the hands of such shareholders: Provided further that options or any other rights to acquire shares in any company which have been acquired as aforesaid shall have no value].''.
Paragraph (e) of subsection (1), insofar as it deletes the provisos, comes into operation on the date on which Part VIII of Chapter II of the Income Tax Act, 1962, comes into operation.
Amendment of section 23 of Act 58 of 1962, as amended by section 18 of Act 65 of 1973, section 20 of Act 121 of 1984, section 23 of Act 129 of 1991, section 20 of Act 141 of 1992, section 18 of Act 113 of 1993, section 15 of Act 21 of 1994, section 28 of Act 30 of 2000, section 21 of Act 30 of 2002, section 38 of Act 45 of 2003, section 13 of Act 16 of 2004, section 28 of Act 31 of 2005, section 17 of Act 20 of 2006 and section 20 of Act 8 of 2007 37.
Paragraph (a) of subsection (1) comes into operation on 1 March 2009 and applies in respect of lump sum beneï¬ts withdrawn on or after that date.
Paragraph (b) of subsection (1) comes into operation on 1 March 2009 and applies in respect of a year of assessment commencing on or after that date.
Substitution of section 23I of Act 58 of 1962, as inserted by section 37 of Act 35 of 2007 38.
patent as deï¬ned in the Patents Act, 1978 (Act No.
design as deï¬ned in the Designs Act, 1993 (Act No.
trade mark as deï¬ned in the Trade Marks Act, 1993 (Act No.
copyright as deï¬ned in the Copyright Act, 1978 (Act No.
any fund contemplated in section 10(1)(d)(i) or (ii); or any person contemplated in section 10(1)(t).
any amount of expenditure incurred for the use, right of use or permission to use tainted intellectual property; or expenditure the incurral or amount of which is determined directly or indirectly with reference to expenditure incurred for the use, right of use or permission to use tainted intellectual property, to the extent that the amount of expenditure does not constitute income received by or accrued to any other person or to the extent that the amount of expenditure does not constitute a proportional amount of net income of a controlled foreign company an amount equal to which is included in the income of any resident in terms of section 9D.
Notwithstanding any provision of subsection (2) to the contrary, an amount equal to one third of any expenditure contemplated in subsection shall be allowed to be deducted if tax contemplated in section 35 is payable in respect of that amount at a rate of at least 10 per cent.''.
Subsection (1) comes into operation on 1 January 2009 and applies in respect of expenditure incurred on or after that date.
Amendment of section 24B of Act 58 of 1962, as inserted by section 9 of Act 101 of 1978 and amended by section 13 of Act 104 of 1979, section 20 of Act 113 of 1993, section 32 of Act 30 of 2000, section 22 of Act 32 of 2004 and section 39 of Act 35 of 2007 39.
that company is for purposes of this Act deemed to have actually incurred an amount of expenditure in respect of the acquisition of that asset, which is equal to the lesser of the market value of that asset [as determined at the time of] immediately after the acquisition or the market value of the shares immediately after the acquisition; and that person is for purposes of this Act deemed to have disposed of that asset for an amount equal to [that] the market value of the shares immediately after the acquisition.'
that company is [for purposes of this Act] deemed not to have incurred any expenditure in respect of the acquisition of that share or debt instrument so acquired; and that company or that connected person, as the case may be, is deemed to have issued that share for an amount of nil.'
''(3) If a company issues any debt instrument [directly or indirectly in exchange for] by reason of or in consequence of and within a period of 18 months after the issue of shares or of a debt instrument [which is issued] to that company or to a connected person in relation to that company, that company or that connected person, as the case may be, is for purposes of this Act deemed to have incurred expenditure in respect of the acquisition of that share or debt instrument so acquired, only to the extent that the amounts are paid by that company in terms of the debt instrument so issued.''.
Subsection (1) is deemed to have come into operation on 21 October 2008 and applies in respect of shares or debt instruments acquired or issued on or after that date.
Amendment of section 28 of Act 58 of 1962, as amended by section 17 of Act 90 of 1962, section 22 of Act 55 of 1966, section 24 of Act 89 of 1969, section 21 of Act 88 of 1971, section 19 of Act 65 of 1973, section 19 of Act 91 of 1982, section 22 of Act 94 of 1983, section 17 of Act 65 of 1986, section 23 of Act 90 of 1988, section 13 of Act 70 of 1989, section 25 of Act 101 of 1990, section 29 of Act 129 of 1991, section 24 of Act 113 of 1993, section 19 of Act 21 of 1994, section 33 of Act 30 of 2000 and section 42 of Act 35 of 2007 40.
''(cA) [the sum of] the liabilities contemplated in section 32(1)(a)[,] and (b) [and (d)] of the Short-Term Insurance Act, 1998 (Act No. 53 of 1998), that have been included as liabilities of that person in respect of a year of assessment, subject to such adjustments as may be made by the Commissioner.''.
Amendment of section 30 of Act 58 of 1962, as inserted by section 35 of Act 30 of 2000 and amended by section 36 of Act 59 of 2000, section 15 of Act 5 of 2001, section 16 of Act 19 of 2001, section 39 of Act 60 of 2001, section 31 of Act 74 of 2002, section 16 of Act 16 of 2004, section 28 of Act 32 of 2004, section 36 of Act 31 of 2005, section 24 of Act 20 of 2006, section 25 of Act 8 of 2007, section 43 of Act 35 of 2007 and section 22 of Act 3 of 2008 41.
''(ii) any branch within the Republic of any company, association or trust incorporated, formed or established in [terms of the laws of] any country other than the Republic that is exempt from tax on income in that other country;''.
Amendment of section 30A of Act 58 of 1962, as inserted by section 25 of Act 20 of 2006 and amended by section 26 of Act 8 of 2007 42.
''(iv) it may not pay any remuneration to any person which is excessive, having regard to what is generally considered reasonable in the sector and in relation to the service rendered, nor may any remuneration be determined as a percentage of any amounts received or accrued to that [recreational] club;''.
Amendment of section 31 of Act 58 of 1962, as amended section 23 of Act 21 of 1995, section 37 of Act 30 of 1998, section 31 of Act 53 of 1999, section 37 of Act 59 of 2000, section 16 of Act 5 of 2001, section 46 of Act 45 of 2003 and section 44 of Act 35 of 2007 43.
''(1A) For the purposes of subsection (2), where any supply of goods or services has been effected in respect of any intellectual property as contemplated in the deï¬nition of 'intellectual property' in section 23I(1) or knowledge, 'connected person' shall mean a connected person as deï¬ned in section 1, provided that the expression 'and no shareholder holds the majority voting rights of such company' in paragraph (d)(v) of that deï¬nition must be disregarded.''.
Subsection (1) comes into operation on 1 January 2009 and applies in respect of any goods or services supplied on or after that date.
Amendment of section 36 of Act 58 of 1962, as amended by section 12 of Act 72 of 1963, section 15 of Act 90 of 1964, section 20 of Act 88 of 1965, section 23 of Act 55 of 1966, section 16 of Act 95 of 1967, section 14 of Act 76 of 1968, section 26 of Act 89 of 1969, section 21 of Act 65 of 1973, section 28 of Act 85 of 1974, section 20 of Act 104 of 1980, section 25 of Act 94 of 1983, section 16 of Act 96 of 1985, section 14 of Act 70 of 1989, section 26 of Act 101 of 1990, section 30 of Act 129 of 1991, section 24 of Act 141 of 1992, section 29 of Act 113 of 1993, section 17 of Act 36 of 1996, section 41 of Act 60 of 2001, section 31 of Act 32 of 2004; section 26 of Act 20 of 2006, section 46 of Act 35 of 2007 and section 23 of Act 3 of 2008 44.
30 per cent of the acquisition price, in the case of the improvement being acquired, is deemed to be the cost incurred by that taxpayer in respect of that unit or improvement, as the case may be.'
''(e) where that trade constitutes mining, any expenditure other than in respect of infrastructure incurred to acquire a mining right pursuant to the Mineral and Petroleum Resources Development Act, 2002 (Act No.
the amount so paid; or the amount of the expenditure in terms of this section in the current and any previous year of assessment;''.
Paragraphs (a), (b) and (c) of subsection (1) are deemed to have come into operation on 21 October 2008 and apply in respect of a residential unit or improvement acquired, or the erection of which commences, on or after that date.
Paragraph (e) of subsection (1) is deemed to have come into operation on 21 October 2008 and applies in respect of disposals taking place on or after that date.
Amendment of section 37B of Act 58 of 1962 as inserted by section 48 of Act 35 of 2007 45.
''(4) Where any asset in respect of which any deduction is claimed in terms of this section was during any previous [ï¬nancial] year of assessment [brought into use for the ï¬rst time] used by the taxpayer for the purposes of any trade carried on by such taxpayer, the receipts and accruals of which were not included in the income of such taxpayer during such year, any deduction which could have been allowed in terms of this section during such year or any subsequent year in which such asset was used by the taxpayer shall for the purposes of this section be deemed to have been allowed during such previous year or years as if the receipts and accruals of such trade had been included in the income of such taxpayer.''.
Insertion of section 37C into Act 58 of 1962 46.
the conservation or maintenance is carried out in terms of a biodiversity management agreement that has a duration of at least ï¬ve years entered into by the taxpayer in terms of section 44 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004); and land utilised by the taxpayer for the production of income and for purposes of a trade consists of, includes or is in the immediate proximity of the land that is the subject of the agreement contemplated in paragraph (a).
Any deduction of expenditure contemplated in subsection (1) must not be allowed to the extent that the expenditure exceeds the income of the taxpayer derived from trade carried on by the taxpayer on land utilised as contemplated in subsection (1)(b) in any year of assessment.
The amount by which the deduction exceeds the income of the taxpayer so derived must be deemed to be expenditure incurred by the taxpayer in the following year of assessment.
An amount equal to the expenditure actually incurred by a taxpayer to conserve or maintain land owned by the taxpayer is for purposes of section 18A deemed to be a donation by the taxpayer actually paid or transferred during the year to the Government for which a receipt has been issued in terms of section 18A(2), if the conservation or maintenance is carried out in terms of a declaration that has a duration of at least 30 years in terms of section 20, 23 or 28 of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003).
If during the current or any previous year of assessment a deduction is or was allowed to the taxpayer in terms of subsection (1) or (3) in respect of expenditure incurred to conserve or maintain land in terms of an agreement or declaration contemplated in those subsections, and the taxpayer subsequently is in breach of that agreement or violates that declaration, an amount equal to the deductions allowed in respect of expenditure incurred within the period of ï¬ve years preceding the breach or violation must be included in the income of the taxpayer for the current year of assessment.
land is declared a national park or nature reserve in terms of an agreement under section 20(3) or 23(3) of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003); and the declaration is endorsed on the title deed of the land and has a duration of at least 99 years, an amount equal to 10 per cent of the lesser of the cost or market value of the land without regard to any right of use retained by any taxpayer is for purposes of section 18A and paragraph 62 of the Eighth Schedule deemed to be a donation paid or transferred to the Government for which a receipt has been issued in terms of section 18A(2), in the year of assessment in which the land is so declared and each of the succeeding nine years of assessment.
If the taxpayer retains a right of use of land contemplated in subsection (5), the amount deemed to be a donation in terms of that subsection is an amount that bears to the amount determined in terms of that subsection the same ratio as the market value of the land subject to the right of use bears to the market value of the land had that land not been subject to the right of use.
If during the current or any previous year of assessment a deduction is or was allowed to the taxpayer in terms of subsection (5) in respect of a deemed donation in terms of a declaration contemplated in that subsection, and the taxpayer subsequently violates that declaration, an amount equal to the deduction allowed in respect of the deemed donation within the period of ï¬ve years preceding the violation must be included in the income of the taxpayer for the current year of assessment.''.
Insertion of section 40C into Act 58 of 1962 47.
40C. For purposes of this Act, where a company issues shares (or an option or other right for the issue of shares) to a person for no consideration, the expenditure actually incurred by the person to acquire the shares, option or right is deemed to be nil.''.
Amendment of section 41 of Act 58 of 1962, as inserted by section 44 of Act 60 of 2001, substituted by section 34 of Act 74 of 2002 and amended by section 49 of Act 45 of 2003, section 32 of Act 32 of 2004, section 37 of Act 31 of 2005, section 28 of Act 20 of 2006, section 32 of Act 8 of 2007, section 52 of Act 35 of 2007 and section 25 ofAct 3 of 2008 48.
the person so disposing of or distributing that replacement asset must disregard any capital gain or amount recovered or recouped which was apportioned to that asset under paragraph 65 or 66 of the Eighth Schedule or section 8(4)(e) and (eA), as the case may be, and which otherwise would have had to be brought to account at the time of that disposal or distribution; and the company acquiring that replacement asset and the person referred to in paragraph (a) must be treated as one and the same person for the purposes of section 8(4)(eB), (eC) or (eD) and paragraphs 65 and 66 of the Eighth Schedule.''.
Subsection (1) is deemed to have come into operation on 1 January 2008 and applies in respect of an asset disposed of on or after that date.
Amendment of section 42 of Act 58 of 1962, as amended by section 21 of Act 88 of 1965, section 17 of Act 95 of 1967, section 29 of Act 89 of 1969, section 19 of Act 52 of 1970, section 23 of Act 88 of 1971, section 18 of Act 90 of 1972, section 22 of Act 65 of 1973, section 32 of Act 85 of 1974, section 22 of Act 69 of 1975, section 18 of Act 103 of 1976, section 19 of Act 113 of 1977, section 20 of Act 91 of 1982, section 28 of Act 94 of 1983, section 31 of Act 129 of 1991, section 27 of Act 141 of 1992, section 23 of Act 21 of 1994, section 25 of Act 21 of 1995, section 44 of Act 60 of 2001, section 34 of Act 74 of 2002, section 50 of Act 45 of 2003, section 33 of Act 32 of 2004, section 38 of Act 31 of 2005, section 29 of Act 20 of 2006, section 34 of Act 8 of 2007, section 53 of Act 35 of 2007 and section 26 of Act 3 of 2008 49.
the person and the company jointly elect that this section does not apply; or the disposal would not be taken into account for purposes of determining any taxable income or assessed loss of that person.''.
Paragraphs (a), (b), (c), (d) and (i) of subsection (1) come into operation on 1 January 2009 and apply in respect of a transaction entered into on or after that date.
Subsection (1)(e) is deemed to have come into operation on 1 October 2007 and applies in respect of a disposal on or after that date.
Subsection (1)(f) is deemed to have come into operation on 1 January 2007 and applies in respect of a transaction entered into on or after that date.
Subsection (1)(g) comes into operation on the date on which Part VIII of Chapter II of the Income Tax Act, 1962, comes into operation.
Amendment of section 44 of Act 58 of 1962, as inserted by section 44 of Act 60 of 2001 and amended by section 34 of Act 74 of 2002, section 52 of Act 45 of 2003, section 40 of Act 31 of 2005, section 34 of Act 8 of 2007, section 55 of Act 35 of 2007 and section 27 of Act 3 of 2008 50.
''(4A) For purposes of the deï¬nition of 'contributed tax capital', if the resultant company issues shares in exchange for the disposal of an asset in terms of an amalgamation transaction, the amount received by or accrued to the resultant company as consideration for the issue of shares is deemed to be equal to an amount which bears to the contributed tax capital of the amalgamated company at the time of termination contemplated in subsection (1)(b) the same ratio as the value of the shares held in the amalgamated company at that time by shareholders other than the resultant company bears to the value of all shares held in the amalgamated company at that time.'
and that person ceases to hold an interest in the resultant company, as contemplated in paragraph (c) of the deï¬nition of 'qualifying interest' in subsection (1), within a period of 18 months after the disposal in terms of that qualifying transaction (whether or not by way of the disposal of any shares in the resultant company), that person must for purposes of section 22 or the Eighth Schedule be deemed to have-''.
Subsection (1)(a) comes into operation on the date on which Part VIII of Chapter II of the Income Tax Act, 1962, comes into operation.
Subsection (1)(b) is deemed to have come into operation on 1 January 2007 and applies in respect of a transaction entered into on or after that date.
Amendment of section 45 of Act 58 of 1962, as amended by section 24 of Act 55 of 1966, section 18 of Act 95 of 1967, section 25 of Act 21 of 1995, section 44 of Act 60 of 2001, section 34 of Act 74 of 2002, section 53 of Act 45 of 2003, section 35 of Act 32 of 2004, section 41 of Act 31 of 2005, section 35 of Act 8 of 2007, section 56 of Act 35 of 2007 and section 28 of Act 3 of 2008 51.
''(4A) Subsection (4)(b) does not apply in respect of any asset disposed of [by a company] prior to [the coming into operation of section 52(1)(c) of the Revenue Laws Amendment Act, 2007 (Act No. 35 of 2007)] 21 February 2008, where that transferee company and that transferor company contemplated in that subsection cease to form part of a group of companies by reason of the coming into operation of [that] section 52(1)(c) of the Revenue Laws Amendment Act, 2007 (Act No. 35 of 2007).'
the transferor company and the transferee company jointly elect that this section does not apply.''.
Paragraphs (a), (b), (c), (g), (h), (i), (j) and (k) of subsection (1) come into operation on 1 January 2009 and apply in respect of transactions entered into on or after that date.
Subsection (1)(d) is deemed to have come into operation on 21 October 2008 and applies in respect of cessations on or after that date.
Subsection (1)(e) is deemed to have come into operation on 21 February 2008.
Subsection (1)(f) is deemed to have come into operation on 21 February 2008 and applies in respect of an asset disposed of on or after that date.
Amendment of section 46 of Act 58 of 1962, as amended by section 25 of Act 21 of 1995, section 44 of Act 60 of 2001, section 34 of Act 74 of 2002, section 54 of Act 45 of 2003, section 36 of Act 32 of 2004, section 42 of Act 31 of 2005, section 36 of Act 8 of 2007, section 57 of Act 35 of 2007 and section 29 of Act 3 of 2008 52.
an amount which bears to the contributed tax capital of the unbundled company immediately before the distribution the same ratio as the shares held in that company immediately before the distribution by persons other than the unbundling company bear to all shares held in that company immediately before the distribution.'
''(7) (a) This section does not apply if, immediately after any distribution of shares in terms of an unbundling transaction, 20 per cent or more of the shares in the unbundled company are held by a disqualiï¬ed person either alone or together with any connected person (who is a disqualiï¬ed person) in relation to that disqualiï¬ed person.
a person contemplated in section 10(1)(cA) or (t).''.
Subsection (1)(a) is deemed to have come into operation on 21 February 2008 and applies in respect of a disposal on or after that date.
Subsection (1)(b) comes into operation on the date on which Part VIII of Chapter II of the Income Tax Act, 1962, comes into operation.
Subsection (1)(c) comes into operation on 1 January 2009 and applies in respect of a distribution on or after that date.
Amendment of section 47 of Act 58 of 1962, as amended by section 25 of Act 21 of 1995, section 34 of Act 74 of 2002, section 55 of Act 45 of 2003, section 37 of Act 32 of 2004, section 43 of Act 31 of 2005, section 31 of Act 20 of 2006, section 37 of Act 8 of 2007 and section 31 of Act 3 of 2008 53.
(bA)the distribution would not be taken into account for purposes of determining any taxable income or assessed loss of the liquidating company; or''.
Subsection (1) comes into effect on 1 January 2009 and applies in respect of a liquidation distribution on or after that date.
Insertion of Part IV into Chapter II of Act 58 of 1962 54.
For purposes of this Part, unless the context otherwise indicates, any word or expression that has been deï¬ned in section 1 shall bear the meaning so deï¬ned and any word or expression that has been deï¬ned in the Sixth Schedule shall bear the meaning so deï¬ned.
48A. There must be levied and paid for the beneï¬t of the National Revenue Fund a tax, to be known as the turnover tax, payable by a person that was a registered micro business during a year of assessment, in respect of its taxable turnover for that year of assessment.
48B. (1) The rates of tax chargeable in terms of section 48A must be ï¬xed annually by Parliament.
The rates ï¬xed by Parliament in respect of any year of assessment continue to apply until the next such determination of rates and will be applied for the purposes of calculating the tax payable in respect of the taxable turnover of a registered micro business during the next succeeding year of assessment if, in the opinion of the Commissioner, the calculation and collection of the tax chargeable in respect of such taxable turnover cannot without the risk of loss of revenue be postponed until after the rates for that year have been determined.
was included in that person's taxable turnover for that year of assessment; and accrues to that person when it is no longer a registered micro business, that amount must not be taken into account as a receipt or accrual for purposes of determining the taxable income of that person.
would have been included in that person's taxable turnover had it been received on the date that it accrued; and is received by that person when it is no longer a registered micro business, 20 per cent of that amount must be included in the taxable income of that person for the year of assessment in which it is received.
Where a registered micro business is deregistered, any trading stock held and not disposed of by it as at the date with effect from which it is deregistered shall, for purposes of the application of section 22, be deemed to have been trading stock held and not disposed of by it at the beginning of the year of assessment within which that date falls.''.
Subsection (1) comes into operation on 1 March 2009 and applies in respect of a year of assessment commencing on or after that date.
Amendment of section 64B of Act 58 of 1962, as inserted by section 20 of Act 95 of 1967, amended by section 35 of Act 89 of 1969, section 20 of Act 52 of 1970, section 19 of Act 90 of 1972, section 41 of Act 85 of 1974, section 33 of Act 94 of 1983, section 7 of Act 108 of 1986, section 32 of Act 90 of 1988, section 34 of Act 113 of 1993, section 34 of Act 113 of 1993, section 12 of Act 140 of 1993, section 24 of Act 21 of 1994, section 29 of Act 21 of 1995, section 21 of Act 36 of 1996, section 13 of Act 46 of 1996, section 25 of Act 28 of 1997, section 35 of Act 53 of 1999, section 39 of Act 30 of 2000, section 42 of Act 59 of 2000, section 18 of Act 5 of 2001, section 48 of Act 60 of 2001, section 36 of Act 74 of 2002, section 58 of Act 45 of 2003, section 40 of Act 32 of 2004, section 47 of Act 31 of 2005, section 32 of Act 20 of 2006, section 39 of Act 8 of 2007, section 85 of Act 35 of 2007 and section 32 of Act 3 of 2008 55.
''(18) For the purposes of this section, a company that has not declared a dividend on the day immediately before the effective date deï¬ned in section 64D is deemed to have declared a dividend of nil on that day.
Secondary tax on companies must not be levied in respect of a dividend declared on or after the effective date as deï¬ned in section 64D.''.
Insertion of Part VIII into Chapter II of Act 58 of 1962 56.
central securities depository participant as contemplated in section 34 of the Securities Services Act, 2004 (Act No.
collective investment scheme as deï¬ned in the Collective Investment Schemes Control Act, 2002 (Act No.
'uncertiï¬cated share' means a share that is not evidenced by a certiï¬cate or written instrument and is transferable by entry without a written instrument; and 'unregulated intermediary' means a registered shareholder in respect of a share, other than a regulated intermediary, where that shareholder is not entitled to the beneï¬t of a dividend attaching to that share.
Fund a tax, to be known as the dividends tax, calculated at the rate of 10 per cent of the amount of any dividend paid by a company that is a resident.
For the purposes of this Part, the date on which the dividend is paid is deemed to be the date on which it accrues to a shareholder.
a shareholder in a registered micro business, as deï¬ned in the Sixth Schedule, paying that dividend, to the extent that the aggregate amount of dividends paid by that registered micro business to its shareholders during the year of assessment in which that dividend is paid does not exceed the amount of R200 000.
64G. (1) A company that declares and pays a dividend must withhold from that payment any dividends tax imposed in respect of that dividend.
a written undertaking to forthwith inform the company in writing should the beneï¬cial owner cease to be the beneï¬cial owner; or forms part of the same group of companies, as deï¬ned in section 41, as the company that paid the dividend; or the share in respect of which the dividend is paid is an uncertiï¬cated share.
a declaration in such form as may be prescribed by the Commissioner that the dividend is subject to a reduced rate of tax as a result of the application of an agreement for the avoidance of double taxation; and a written undertaking to forthwith inform the company in writing should the beneï¬cial owner cease to be the beneï¬cial owner, the company must withhold the dividends tax as determined in accordance with the reduced rate.
the date on which the registered shareholder as at the date of the submission of the declaration contemplated in subsection (2) or (3) ceases to be the registered shareholder; or a date three years after that date.
64H. (1) An intermediary that pays a dividend that was declared by any other person must withhold from that payment any dividends tax imposed in respect of that dividend.
a written undertaking to forthwith inform the intermediary in writing should the beneï¬cial owner cease to be the beneï¬cial owner.
a declaration in such form as may be prescribed by the Commissioner that the dividend is subject to a reduced rate of tax as a result of the application of an agreement for the avoidance of double taxation; and a written undertaking to forthwith inform the intermediary in writing should the beneï¬cial owner cease to be the beneï¬cial owner, the intermediary must withhold the dividends tax as determined in accordance with the reduced rate.
the date on which the registered shareholder as at the date of the submission of the declaration contemplated in subsection (2)(b) or (c) ceases to be the registered shareholder; or a date three years after that date.
the dividend does not exceed the STC credit of the company; and the company has by the date of payment notiï¬ed the person to whom the dividend is paid by the date of payment of the amount by which the dividend reduces the STC credit of the company.
the amount by which the dividends accrued to that company during the dividend cycle ending on the day immediately before the effective date and the dividends which are deemed in terms of section 64B to have accrued to that company during that dividend cycle, exceed the dividends declared by that company on that day; and the dividends accrued to that company to the extent that the person paying the dividend submits prior written notice to the company of the amount by which the dividend reduces the STC credit of that person or any other person on behalf of whom the dividend is paid by that person, reduced by the dividends declared and paid by the company to the extent the dividends are paid by the company on or after the effective date.
For purposes of subsections (1)(b) and (2)(b), the amount by which the STC credit of a company is reduced is deemed to be equal to an amount which bears to the dividend paid by that company to the person contemplated in that subsection the same ratio as the amount by which the STC credit of that company is reduced as a result of the payment of that dividend to all shareholders bears to the total dividend paid to all shareholders.
The STC credit of a company on or after the ï¬fth anniversary of the effective date is deemed to be nil.
64J. Any dividend declared before the effective date is exempt from the dividends tax.
64K. (1) The beneï¬cial owner is liable for the dividends tax and must pay the tax by the last day of the month following the month during which the dividend is paid by the company that declared the dividend, unless the tax has been paid by any other person.
Any person that withholds any dividends tax in terms of this Part must pay the tax to the Commissioner by the last day of the month following the month during which the dividend is paid by the company that declared the dividend.
The amount of tax that must be paid to the Commissioner may be reduced by the amount refunded in terms of section 64L.
Any person that fails to withhold tax as required in terms of this Part or withholds tax but fails to pay the tax to the Commissioner as required by this Part is liable for the payment of the tax as if it were tax due by that person in terms of this Act, unless the tax is paid by any other person.
If the Commissioner is satisï¬ed that any dividends tax has not been paid in full, he or she may estimate the unpaid amount and issue to the person concerned a notice of assessment of the unpaid amount.
If a person fails to pay any dividends tax within the required period, interest must be paid by that person on the balance of the tax outstanding at the prescribed rate reckoned from the end of that period.
The provisions of this Act relating to the assessment and recovery of tax and administrative penalties in the event of default or omission apply, with the changes required by the context, in respect of the dividends tax.
Every person that controls or is regularly involved in the management of the overall ï¬nancial affairs of an unlisted company as deï¬ned in section 41 or an unregulated intermediary that is liable to withhold tax and that is a shareholder or director of that company is personally liable for the dividends tax, additional tax, penalty or interest for which that company or intermediary is liable.
64L. (1) If an amount is withheld by a person in respect of a dividend paid to any other person and the declaration and undertaking contemplated in section 64G(2)(a)(i), 64G(3), 64H(2)(b), 64H(2)(c)(ii) or 64H(3) are submitted in respect of that dividend within one year after payment of the dividend, so much of that amount as would not have been withheld had that declaration and undertaking been submitted by the date contemplated in those sections is refundable to that other person.
The person that withheld the initial amount as contemplated in subsection (1) must pay the amount that is refundable to that other person in terms of that subsection to the extent of an amount of tax withheld in respect of the payment within that year of any subsequent dividend.
An amount withheld in respect of a dividend paid as contemplated in subsection (1) may be recovered from the Commissioner to the extent that the amount has not been refunded as contemplated in subsection (2) within a period of 13 months after the month in which the dividend was paid.
No amount may be refunded or recovered in terms of subsection (2) or (3) after a period of three years reckoned from the date on which the amount was withheld.''.
Subsection (1) comes into operation on a date determined by the Minister by notice in the Gazette, which date must be at least three months after the date of the notice.
Amendment of paragraph 12 of First Schedule to Act 58 of 1962, as amended by section 27 of Act 55 of 1966, section 42 of Act 89 of 1969, section 24 of Act 113 of 1977, section 24 of Act 104 of 1980, section 27 of Act 96 of 1981, section 28 of Act 91 of 1982, section 39 of Act 90 of 1988, section 45 of Act 113 of 1993, section 80 of Act 45 of 2003 and section 2 of Act 8 of 2007 57.
conservation and maintenance is carried out in terms of a biodiversity management agreement that has a duration of at least ï¬ve years; and the agreement contemplated in item (a) is entered into by the taxpayer in terms of section 44 of the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004); and land utilised by the taxpayer for purposes of carrying on the pastoral, agricultural or other farming operations consists or includes or is in the immediate proximity of the land that is the subject of the agreement contemplated in item (a).'
''(1D) If during the current or any previous year of assessment deductions are allowed to the taxpayer in terms of subparagraph (1A) in respect of capital expenditure incurred to conserve or maintain land in terms of an agreement contemplated in that subparagraph and the taxpayer is in breach of that agreement or violates that declaration, an amount equal to the deductions allowed in respect of expenditure incurred within the period of ï¬ve years preceding the breach of violation must be included in the income of the taxpayer for the current year.''; and by the deletion of subparagraph (5).
Subsection (1)(b) is deemed to have come into operation on 21 October 2008 and applies in respect of expenditure incurred on or after that date.
Amendment of paragraph 1 of Second Schedule to Act 58 of 1962, as amended by section 31 of Act 90 of 1962, section 23 of Act 90 of 1964, section 34 of Act 88 of 1971, section 34 of Act 69 of 1975, section 26 of Act 113 of 1977, section 27 of Act 104 of 1980, section 28 of Act 96 of 1981, section 46 of Act 94 of 1983, section 24 of Act 65 of 1986, section 17 of Act 104 of 1979, section 24 of Act 65 of 1986, section 43 of Act 101 of 1990, section 35 of Act 21 of 1995, section 41 of Act 28 of 1997, section 47 of Act 30 of 1998, section 82 of Act 45 of 2003, section 43 of Act 32 of 2004, section 46 of Act 8 of 2007, section 61 of Act 35 of 2007 and section 36 of Act 3 of 2008 58.
any amount, to the extent that that amount was paid or transferred to a pension preservation fund or provident preservation fund as an unclaimed beneï¬tasdeï¬ned in section 1 of the Pension Funds Act, 1956 (Act No.
by the substitution for the deï¬nition of ''lump sum beneï¬t'' of the following deï¬nition: '''lump sum beneï¬t' includes any amount determined in respect of the commutation of an annuity or portion of an annuity and any ï¬xed or ascertainable amount (other than an annuity) payable by or provided in consequence of membership or past membership of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund whether in one amount or in instalments, other than any amount deemed to be income accrued to a person in terms of section 7(11);''.
Subsection (1)(b) is deemed to have come into operation on 1 October 2007 and ceases to apply on 1 March 2008.
Amendment of paragraph 2 of Second Schedule to Act 58 of 1962, as amended by section 42 of Act 28 of 1997, section 48 of Act 30 of 1998, section 47 of Act 8 of 2007, section 62 of Act 35 of 2007 and section 37 of Act 3 of 2008 59.
''(ii) [the aggregate of] any amounts, other than any amount contemplated in [paragraphs (a) and (b)(i)] subparagraph (a) and items (iA) and (iB), received by or accrued to such person during that year by way of lump sum beneï¬ts from or in consequence of membership or past membership of any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund, less the deductions permitted under the provisions of paragraph 6 of this Schedule.''.
Subsection (1)(a) comes into operation on 1 March 2009 and applies in respect of any lump sum beneï¬t accrued on or after that date.
Subsection (1)(b), to the extent that it inserts item (iA) into paragraph 2(b) of the Second Schedule to the Income Tax Act, 1962, comes into operation on 1 March 2009 and applies in respect of any lump sum beneï¬t accrued on or after that date.
Amendment of paragraph 2B of Second Schedule to Act 58 of 1962, as inserted by section 42 of Act 53 of 1999 and amended by section 64 of Act 60 of 2001, section 45 of Act 32 of 2004, section 63 of Act 35 of 2007 and section 38 of Act 3 of 2008 60. Paragraph 2B of the Second Schedule to the Income Tax Act, 1962, is hereby amended by the substitution for the words preceding the proviso of the following words: ''For the purposes of paragraphs 2 and 2A, where a court has made an order that any part of the pension interest of a member of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund shall be paid to the former spouse of that member, as provided for in the Divorce, 1979 (Act No. 70 of 1979), the amount of that part is, to the extent that that amount is not deemed to have been received by or to have accrued to [the member] a person other than the member in terms of paragraph 2(b), deemed to be amount that accrues to that member on the date on which the pension interest, of which that amount forms part, accrues to that member''.
Amendment of paragraph 2C of Second Schedule to Act 58 of 1962, as inserted by section 49 of Act 8 of 2007 and amended by section 39 of Act 3 of 2008 61.
''2C. Any lump sum beneï¬t, or part thereof, received by or accrued to a person subsequent to the person's retirement or death, or withdrawal or resignation from any pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund or the winding up of any such fund, and in consequence of or following upon an event that is prescribed by the Minister by notice in the Gazette and contemplated by the rules of any such fund or the approval of a scheme in terms of section 15B of the Pensions Funds Act, 1956 (Act No. 24 of 1956), or [regulation] paragraph 5.3(1)(b) of the Schedule which amends regulation 30 of the Regulations under the Long-Term Insurance Act, 1998 (Act No. 52 of 1998), shall not constitute gross income of that person.''.
Amendment of paragraph 3 of Second Schedule to Act 58 of 1962, as amended by section 47 of Act 94 of 1983, section 50 of Act 30 of 1998, section 50 of Act 8 of 2007 and section 40 Act 3 of 2008 62.
''3. Any lump sum beneï¬t which becomes recoverable in consequence of or following upon the death of a member or past member of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund shall be deemed to be a lump sum beneï¬t which accrued to such member or past member immediately prior to his or her death on the date of payment in terms of section 37C of the Pension Funds Act, 1956 (Act No.
where any annuity [which became] (including a living annuity) becomes payable [or may become payable or which is provided or may be provided] on or in consequence of or following upon the death of a member or past member of any such fund has [on or after 1 July 1983] been commuted for a lump sum, such lump sum shall for the purposes of this paragraph be deemed to be a lump sum beneï¬t which has become recoverable in consequence of or following upon the death of such member or past member [.
where any such lump sum beneï¬t is paid to a beneï¬ciary fund as deï¬ned in section 1 of the Pension Funds Act 1956 (Act No.
where any lump sum beneï¬t is paid to a pension preservation fund or provident preservation fund as an unclaimed beneï¬tasdeï¬ned in the Pension Funds Act, 1956 (Act No. 24 of 1956), no lump sum beneï¬t shall be deemed to have so accrued.''.
Subsection (1) insofar as it inserts paragraphs (iv) and (v) of the proviso comes into operation on 1 January 2009 and insofar as it amends any other provision comes into operation on 1 March 2009.
Amendment of paragraph 4 of Second Schedule to Act 58 of 1962, as amended by section 20 of act 72 of 1963, section 24 of Act 90 of 1964, section 36 of Act 21 of 1995 and section 41 of Act 3 of 2008 63.
''(1) [If in terms of] Notwithstanding the rules of a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund, any lump sum beneï¬t arising out of a member's withdrawal or resignation [is payable at a ï¬xed or ascertainable future date such beneï¬t] shall, subject to paragraph 3, be deemed to have accrued to such member on [that date] the date that he or she elects to have the beneï¬t paid to him or her or the date on which the beneï¬t is transferred to another pension fund, pension preservation fund, provident fund provident preservation fund or retirement annuity fund or on the date of his or her death, whichever is the earlier, and shall be assessed to tax in respect of the year of assessment during which such beneï¬t is deemed to accrued as though it were a lump sum beneï¬t derived by him or her upon his or her withdrawal or resignation from the fund or upon his or her retirement or immediately prior to his or her death, as the case may be.'
''(4) If a person is awarded an amount in terms of an order of divorce granted before 13 September 2007, that amount shall be deemed to have accrued to that person on the date on which that person makes an election contemplated in section 37D(4)(b)(ii) of the Pension Funds Act, 1956 (Act No. 24 of 1956) or on the date the amount is payable in terms of section 37D(4)(b)(iv) of that Act, to the extent that the amount is payable by a pension fund, pension preservation fund, provident fund, provident preservation fund or retirement annuity fund.''.
Subsection (1)(a) comes into operation on 1 March 2009.
Subsection (1)(b) comes into operation on the date on which section 16 of the Financial Services Laws General Amendment Act, 2008, comes into operation.
Amendment of paragraph 6 of Second Schedule to Act 58 of 1962, section 26 of Act 90 of 1964, section 18 of Act 104 of 1979, section 5 of Act 30 of 1984, as amended by section 32 of Act 141 of 1992, section 51 of Act 30 of 1998, section 38 of Act 20 of 2006, section 52 of Act 8 of 2007 and section 42 of Act 3 of 2008 64.
any amount, to the extent that it was paid or transferred to a pension preservation fund or a provident preservation fund as an unclaimed beneï¬tasdeï¬ned in section 1 of the Pension Funds Act, 1956 (Act No.
or (aA) of this paragraph shall be limited to the amount determined in accordance with 'formula C'.''.
Repeal of paragraph 7 of Second Schedule to Act 58 of 1962 65. (1) The Income Tax Act, 1962, is hereby amended by the repeal of paragraph 7 of the Second Schedule.
Amendment of paragraph 1 of Fourth Schedule to Act 58 of 1962, as added by section 19 of Act 6 of 1963 and amended by section 22 of Act 72 of 1963, section 44 of Act 89 of 1969, section 24 of Act 52 of 1970, section 37 of Act 88 of 1971, section 47 of Act 85 of 1974, section 6 of Act 30 of 1984, section 38 of Act 121 of 1984, section 20 of Act 70 of 1989, section 44 of Act 101 of 1990, section 44 of Act 129 of 1991, section 33 of Act 141 of 1992, section 48 of Act 113 of 1993, section 16 of Act 140 of 1993, section 37 of Act 21 of 1995, section 34 of Act 36 of 1996, section 44 of Act 28 of 1997, section 52 of Act 30 of 1998, section 52 of Act 30 of 2000, section 53 of Act 59 of 2000, section 19 of Act 19 of 2001, section 32 of Act 30 of 2002, section 46 of Act 32 of 2004, section 49 of Act 31 of 2005, section 28 of Act 9 of 2006, section 39 of Act 20 of 2006, section 54 of Act 8 of 2007, section 64 of Act 35 of 2007 and section 43 ofAct 3 of 2008 66.
such person would be regarded as an employee of such client if such service was rendered by such person directly to such client, other than on behalf of such company or trust; or where those duties must be performed mainly at the premises of the client, such person or such company or trust is subject to the control or supervision of such client as to the manner in which the duties are performed or are to be performed in rendering such service; or where more than 80 per cent of the income of such company or trust during the year of assessment, from services rendered, consists of or is likely to consist of amounts received directly or indirectly from any one client of such company or trust, or any associated institution as deï¬ned in the Seventh Schedule to this Act, in relation to such client, except where such company or trust throughout the year of assessment employs three or more full-time employees who are on a full-time basis engaged in the business of such company or trust of rendering any such service, other than any employee who is a shareholder or member of the company or trust or is a connected person in relation to such person;''.
Amendment of paragraph 2 of Fourth Schedule to Act 58 of 1962, as added by section 19 of Act 6 of 1963 and amended by section 23 of Act 72 of 1963, section 29 of Act 55 of 1966, section 38 of Act 88 of 1971, section 48 of Act 85 of 1974, section 28 of Act 113 of 1977, section 40 of Act 90 of 1988, section 21 of Act 70 of 1989, section 40 of Act 90 of 1988, section 21 of Act 70 of 1989, section 45 of Act 101 of 1990, section 45 of Act 129 of 1991, section 38 of Act 21 of 1995, section 45 of Act 28 of 1997, section 53 of Act 30 of 2000, section 54 of Act 59 of 2000, section 20 of Act 19 of 2001, section 21 of Act 16 of 2004, section 40 of Act 20 of 2006, section 55 of Act 8 of 2007 and section 65 of Act 35 of 2007 67.
''(1A) Notwithstanding the provisions of subparagraph (1), a person shall not be required to deduct or withhold employee's tax in respect of any year of assessment of a company or trust solely by virtue of paragraph [(d)] (c) of the deï¬nition of ['personal service company' or paragraph (d) of the deï¬nition of 'personal service trust'] 'personal service provider' where the company or trust has in respect of such year of assessment provided that person with an affidavit or solemn declaration stating that the relevant paragraph does not apply and that person relied on that affidavit or declaration in good faith.'
as does not exceed 5 per cent of that remuneration after deducting therefrom the amounts contemplated in items (a) to (e); and for which the employer will be issued a receipt as contemplated in section 18A(2)(a).''.
Amendment of paragraph 9 of Fourth Schedule to Act 58 of 1962, as amended by section 39 of Act 88 of 1971, section 32 of Act 103 of 1976, section 29 of Act 104 of 1980, section 46 of Act 101 of 1990, section 55 of Act 59 of 2000, section 21 of Act 19 of 2001, section 41 of Act 20 of 2006, section 56 Act 8 of 2007 and section 66 of Act 3 of 2008 68. (1) Paragraph 9 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended by the deletion of the proviso to subparagraph (3).
Subsection (1) comes into operation on 1 March 2009 and applies in respect of any lump sum beneï¬t accrued on or after that date.
Amendment of paragraph 11 of Fourth Schedule to Act 58 of 1962, as substituted by section 84 of Act 45 of 2003 and amended by section 42 of Act 20 of 2006 69.
''in order to alleviate hardship to that employee due to circumstances outside the control of the employee or to correct any error in regard to the calculation of employees' tax, or in the case of remuneration constituting commission or where the remuneration is [received by a personal service company or a personal service trust] paid or payable to a personal service provider and that directive must be complied with; or''.
43 of Act 20 of 2006, section 57 of Act 8 of 2007 and section 44 of Act 3 of 2008 70.
Subsection (1) comes into operation on 1 March 2009 and applies in respect of a lump sum beneï¬t withdrawn on or after that date.
Insertion of Sixth Schedule into Act 58 of 1962 71.
'taxable turnover' means the amount determined in terms of paragraph 5 45 of this Schedule.
natural person (or the deceased or insolvent estate of a natural person that was a registered micro business at the time of death or insolvency); or company, where the qualifying turnover of that person for the year of assessment does not exceed an amount of R1 million.
If a person described in subparagraph (1) carries on a business during the relevant year of assessment for a period which is less than 12 months, the amount described in subparagraph (1) is reduced proportionally taking into account the number of full months that it did not carry on business during that year.
the qualifying turnover of that partnership for that year of assessment exceeds the amount described in paragraph 2.
that constitutes less than 5 per cent of the interest in a social or consumer co-operative or a co-operative burial society as deï¬ned in section 1 of the Co-operatives Act, 2005 (Act No.
that constitutes less than 5 per cent of the interest in a primary savings co-operative bank or a primary savings and loans co-operative bank as deï¬ned in the Co-operative Banks Act, 2007 (Act No. 40 of 2007), that may provide, participate in or undertake only banking services as described in section 14(2)(a) or (b) of that Act; or in any friendly society as deï¬ned in section 1 of the Friendly Societies Act, 1956 (Act No. 25 of 1956).
The taxable turnover of a registered micro business in relation to any year of assessment consists of all amounts not of a capital nature received by that registered micro business during that year of assessment from carrying on business activities in the Republic, including amounts described in paragraph 6 and excluding amounts described in paragraph 7.
becomes a registered micro business during a year of assessment; and claimed any allowances in terms of this Act in the preceding year of assessment that are required to be included in the income of a taxpayer in the following year of assessment, so much of those allowances as exceeds the balance of any assessed loss it is prevented from carrying forward in terms of section 20 of this Act.
any amount received by that registered micro business where that amount accrued to it prior to its registration as a micro business and that amount accrued was subject to tax in terms of this Act.
before the beginning of a year of assessment or such later date during that year of assessment as the Commissioner may prescribe by notice in the Gazette;or in the case of a person that commenced business activities during a year of assessment, within two months from the date of commencement of business activities.
A person that elected to be registered in terms of subparagraph (1) must be registered by the Commissioner with effect from the beginning of that year of assessment.
paragraph 9 may not again be registered as a micro business for a period of three years commencing from the beginning of the year of assessment during which it is deregistered; or paragraph 10, may not again be registered as a micro business for a period of three years commencing from the beginning of the year of assessment following upon the year of assessment during which it is deregistered.
A registered micro business may elect to be deregistered before the beginning of a year of assessment or such later date during that year of assessment as the Commissioner may prescribe by notice in the Gazette.
A registered micro business that elects to be deregistered under subparagraph (1) must be deregistered by the Commissioner with effect from the beginning of that year of assessment.
A registered micro business must not be deregistered in terms of subparagraph (2) unless it has been a registered micro business for a period of at least three years.
that registered micro business is disqualiï¬ed in terms of paragraph 3.
(1)(a), (1)(b) or (4) occurred.
The Commissioner may direct that a person remains a registered micro business if the Commissioner is satisï¬ed that the increase in the qualifying turnover of that person to an amount greater than the amount 15 described in paragraph 2 is of a nominal and temporary nature.
(Act No. 89 of 1991).
calculate the amount of tax payable on the estimated taxable turnover; and pay an amount equal to 50 per cent of the amount of tax so calculated.
The estimate described in paragraph (1)(a) may not be less than the taxable turnover of the previous year of assessment unless the Commissioner, having regard to the circumstances, agrees to accept the lower estimate.
Where full payment of the amount described in subparagraph (1)(c) is not received by the Commissioner within six calendar months from the ï¬rst day of the year of assessment, interest at the prescribed rate is payable from the ï¬rst day after the six calendar months to the earlier of the date on which the shortfall is received and the last day of the year of assessment.
calculate the amount of tax payable on the estimated taxable turnover; and pay an amount equal to the amount of tax so calculated less the amount paid in terms of subparagraph (1).
Where full payment of the amount described in subparagraph (4)(c) is not received by the Commissioner by the last day of the year of assessment, interest at the prescribed rate is payable from the day following the last day of the year of assessment to the earlier of the date on which the shortfall is received and the due date of the assessment for that year of assessment.
Where the estimate described in subparagraph 4(a) is less than 80 per cent of the taxable turnover for the year of assessment, additional tax equal to 20 per cent of the difference between the tax payable on 80 per cent of the taxable turnover for the year of assessment and the tax payable on that estimate must be charged.
Where the Commissioner is satisï¬ed that the estimate described in subparagraph (4)(a) was not deliberately or negligently understated and was seriously made based on the information available, or is partly so satisï¬ed, the Commissioner must waive the additional tax charged in terms of subparagraph (6) in full or in part.
Any decision by the Commissioner in terms of subparagraph (7) is subject to objection and appeal.
a registered micro business fails to make a payment as required by paragraph 11; or the Commissioner is not satisï¬ed with a payment made in terms of paragraph 11, the Commissioner may estimate the taxable turnover upon which turnover tax is payable and issue an assessment of the amount of turnover tax so payable by that registered micro business.
The Commissioner must give the registered micro business written notice of such assessment, stating the estimated taxable turnover upon which turnover tax is payable and the amount of turnover tax payable.
The amount of turnover tax payable in subparagraph (1) is deemed to be due on the date on which the payment in terms of paragraph 11 is due.
Where the Commissioner has issued an assessment in respect of the payment required in terms of paragraph 11(4), additional tax must not be imposed in terms of paragraph 11(6).
the connected person carries on business activities that should properly be regarded as forming part of the business activities carried on by that person; and the main reason or one of the main reasons for the connected person carrying on business activities in the way that the connected person does is to ensure that the qualifying turnover of that person does not exceed the amount as described in that paragraph.
each asset of that registered micro business as at the end of a year of assessment with a cost price of more than R10 000; and each liability of that registered micro business as at the end of a year of assessment that exceeded R10 000.
Save as otherwise provided for in this Schedule, the provisions of Chapter III of this Act apply, with the necessary changes required by the context, in respect of turnover tax.''.
Amendment of paragraph 6 of Seventh Schedule to Act 58 of 1962, as amended by section 29 of Act 96 of 1985 72.
''(bA) the asset consists of telephone or computer equipment which the employee uses mainly for the purposes of the employer's business; or''.
Amendment of paragraph 10 of Seventh Schedule to Act 58 of 1962, as amended by section 36 of Act 30 of 2002, section 58 of Act 31 of 2005, section 30 of Act 9 of 2006, section 102 of Act 20 of 2006 and section 69 of Act 35 of 2007 73.
''(bA) any communication service provided to an employee if the service is used mainly for the purposes of the employer's business;''.
Amendment of paragraph 11 of Eighth Schedule to Act 58 of 1962, as amended by section 71 of Act 60 of 2001, section 67 of Act 74 of 2002, section 92 of Act 45 of 2003, section 55 of Act 32 of 2004, section 66 of Act 31 of 2005 and section 44 of Act 20 of 2006 74. Paragraph 11 of the Eighth Schedule to the Income Tax Act, 1962, is hereby amended by the deletion in subparagraph (2) of item (e).
Amendment of paragraph 12 of Eighth Schedule to Act 58 of 1962, as amended by section 72 of Act 60 of 2001, section 68 of Act 74 of 2002, section 93 of Act 45 of 2003, section 56 of Act 32 of 2004, section 67 of Act 31 of 2005, section 71 of Act 35 of 2007 and section 50 of Act 3 of 2008 75.
assets in the Republic listed in paragraph 2(1)(b)(i) and (ii); and assets held by that person if any amount received or accrued from the disposal of those assets would have been taken into account for purposes of determining the net income as contemplated in section 9D of that person; and immediately reacquired each of those assets at an expenditure equal to the market value of those assets immediately before the disposal, which expenditure must be treated as an amount of expenditure actually incurred and paid for the purposes of paragraph 20(1)(a).''.
Subsection (1) is deemed to have come into operation on 21 February 2008 and applies in respect of an asset disposed of on or after that date, unless that disposal is the subject of an application for an advance tax ruling accepted by the Commissioner before that date.
Amendment of paragraph 13 of Eighth Schedule to Act 58 of 1962, as amended by section 69 of Act 74 of 2002, section 57 of Act 32 of 2004 and section 51 of Act 3 of 2008 76.
''(iiA) the distribution of an asset of a trust by a trustee to a beneï¬ciary to the extent that the beneï¬ciary has a vested interest in the asset, the date on which the interest vests;''; and by the deletion in subparagraph (1) of item (d).
Amendment of paragraph 20 of Eighth Schedule to Act 58 of 1962, as amended by section 26 of Act 19 of 2001, section 75 of Act 60 of 2001, section 71 of Act 74 of 2002, section 95 of Act 45 of 2003, section 58 of Act 32 of 2004, section 68 of Act 31 of 2005, section 45 of Act 20 of 2006, section 60 of Act 8 of 2007, section 73 of Act 35 of 2007 and section 52 of Act 3 of 2008 77.
is or was allowable or is deemed to have been allowed as a deduction in determining the taxable income of that person before the inclusion of any taxable capital gain; or''.
Paragraph (a) of subsection (1) is deemed to have come into operation on 22 July 2008.
Amendment of paragraph 24 of Eighth Schedule to Act 58 of 1962, as inserted by section 38 of Act 5 of 2001, amended by section 76 of Act 60 of 2001, section 72 of Act 74 of 2002, section 69 of Act 31 of 2005, section 46 of Act 20 of 2006 and section 53 ofAct 3 of 2008 78.
''(1) The base cost of an asset, other than an asset situated in the Republic listed in paragraph 2(1)(b)(i) and (ii) or an asset held by a person if any amount received or accrued from the disposal of the asset would be taken into account for purposes of determining the net income as contemplated in section 9D of that person, acquired by a person before the date on which that person became a resident is the sum of the value of that asset determined in terms of subparagraphs (2) or (3) and the expenditure allowable in terms of paragraph 20 incurred on or after that date in respect of that asset.'
by the substitution in subparagraph (2) for the words preceding item (a) of the following words: ''Where an asset contemplated in paragraph 12(2) or (4) has been disposed of by a person on or after the date on which that person commenced to be a resident and the proceeds from that disposal and the expenditure allowable in terms of paragraph 20 incurred prior to that date (determined without regard to paragraph 12(2) or (4)) in respect of that asset are each lower than the market value of that asset as contemplated in paragraph 12(2) or (4), that person must be treated as having acquired that asset at a cost equal to the higher of-''; and by the substitution in subparagraph (3) for the words preceding item (a) of the following words: ''Where an asset contemplated in paragraph 12(2) or (4) has been disposed of by a person on or after the date on which that person commenced to be a resident and the proceeds from the disposal of that asset and the market value of that asset as contemplated in paragraph 12(2) or (4) are each lower than the expenditure allowable in terms of paragraph 20 incurred prior to that date (determined without regard to paragraph 12(2) or (4)) in respect of that asset, that person must be treated as having acquired that asset at a cost equal to the higher of-''.
Amendment of paragraph 40 of Eighth Schedule to Act 58 of 1962, as amended by section 89 of Act 60 of 2001, section 82 of Act 74 of 2002, section 50 of Act 20 of 2006 and section 54 of Act 3 of 2008 79.
by the substitution in subparagraph (1) for the words after item (d) of the following words: ''to his or her deceased estate for [proceeds] an amount received or accrued equal to the market value of those assets at the date of that person's death, and the deceased estate must be treated as having acquired those assets at a cost equal to that market value, which cost must be treated as an amount of expenditure actually incurred and paid for the purposes of paragraph 20(1)(a).''; and by the substitution in subparagraph (2) for the words preceding item (a) of the following words: ''Subject to paragraph 12(5), where an asset is disposed of by a deceased estate to an heir or legatee (other than the surviving spouse of the deceased person as contemplated in paragraph 67(2)(a) [or an approved public beneï¬t organisation as contemplated in paragraph 62) or a trustee of a trust])-''.
Paragraphs (a) and (c) of subsection (1) are deemed to have come into operation on 1 March 2006.
Insertion of paragraph 57A in Eighth Schedule to Act 58 of 1962 80.
any asset which constitutes immovable property, to the extent that it was used for business purposes; and any asset (other than immovable property) used mainly for business purposes.''.
Amendment of paragraph 64B of Eighth Schedule to Act 58 of 1962, as inserted by section 105 of Act 45 of 2003 and amended by section 79 of Act of Act 31 of 2005, section 35 of Act 9 of 2006, section 65 of Act 8 of 2007, section 77 of Act 35 of 2007 and section 58 of Act 3 of 2008 81.
''A person must disregard any capital gain or capital loss determined in respect of any capital distribution contemplated in paragraph 67A, 76, 76A or 77 received by or accrued to that person from a 'foreign company' as deï¬ned in section 9D (other than a foreign ï¬nancial instrument holding company or an interest contemplated in paragraph 2(2)) where that person (whether alone or together with any other person forming part of the same group of companies as that person) holds at least 20 per cent of the total equity share capital and voting rights in that company''.
Amendment of paragraph 67A of Eighth Schedule to Act 58 of 1962, as inserted by section 105 of Act 60 of 2001, substituted by section 93 of Act 74 of 2002 and amended by section 109 of Act 45 of 2003 and section 81 of Act 35 of 2007 82.
Provided that for the purposes of this subparagraph the market value of any asset so acquired must be determined on the date of receipt or accrual of that asset.'
a holder of a participatory interest contemplated in subparagraph (1) has adopted the weighted average method under paragraph 32(3A) in respect of such participatory interests held and not disposed of on 30 September 2007, and an amount contemplated in subparagraph (3) had been received by or accrued to that holder before 1 October 2007 in respect of those participatory interests.
deducting the amount of that cash or that market value from the base cost of those interests at the end of the day on 30 September 2007; and dividing the result by the number of those interests held at the end of the day on 30 September 2007.''.
Subsection (1) is deemed to have come into operation on 1 October 2007.
Amendment of paragraph 67AB of Eighth Schedule to Act 58 of 1962, as inserted by section 82 of Act 35 of 2007 83.
that holder must be treated as having a capital gain on 30 June 2011 equal to that negative amount; and the base cost of those participatory interests at the end of 30 June 2011 must be treated as nil.''.
Amendment of paragraph 76 of Eighth Schedule to Act 58 of 1962, as amended by section 107 of Act 60 of 2001, section 96 of Act 74 of 2002, section 115 of Act 45 of 2003, section 30 of Act 16 of 2004, section 81 of Act 31 of 2005, section 84 of Act 35 of 2007 and section 60 of Act 3 of 2008 84.
''(4) Every company that makes a distribution to any other person and every person that pays a distribution to any other person on behalf of a company must by the time of the distribution or payment notify that other person in writing of the extent to which the distribution or payment constitutes a capital distribution.''.
Amendment of paragraph 78 of Eighth Schedule to Act 58 of 1962, as amended by section 97 of Act 74 of 2002, section 116 of Act 45 of 2003 and section 31 of Act 16 of 2004 85.
by the deletion of subparagraph (1); and by the substitution in subparagraph (2) for the words preceding item (a) of the following words: ''Subject to paragraphs 11(1)(g), 23 and 35(2), where a company issues shares in substitution of previously held shares in that company by reason of a subdivision[,] or consolidation[, or similar arrangement] or a conversion contemplated in section 40A or 40B-''.
Paragraph (a) of subsection (1) comes into operation on the date on which Part VIII of Chapter II of the Income Tax Act, 1962, comes into operation.
Amendment of paragraph 80 of Eighth Schedule to Act 58 of 1962, as amended by section 108 of Act 60 of 2001, section 58 of Act 20 of 2006 and section 62 of Act 3 of 2008 86.
a capital gain of that trust; or any amount which would have constituted a capital gain of that trust had that trust been a resident, determined in any previous year of assessment during which that resident had a contingent right to that capital; and''.
Amendment of paragraph 4 of Part I of Ninth Schedule to Act 58 of 1962, as amended by section 82 of Act 31 of 2005 and section 63 of Act 3 of 2008 87.
''(o) The provision of scholarships, bursaries [and], awards and loans for study, research and teaching on such conditions as may be prescribed by the Minister by way of regulation in the Gazette.''.
Amendment of paragraph 11 of Part I of Ninth Schedule to Act 58 of 1962, as amended by section 126 of Act 45 of 2003 88. Part I of the Ninth Schedule to the Income Tax Act, 1962, is hereby amended by the addition to paragraph 11 of the following subparagraphs: ''(c) The promotion, monitoring or reporting of development assistance for the poor and needy.
for the beneï¬t of, or is widely accessible to the general public of that country including any sector thereof (other than small and exclusive groups).''.
Amendment of paragraph 3 of Part II of Ninth Schedule to Act 58 of 1962, as amended by section 129 of Act 45 of 2003, section 84 of Act 31 of 2005 and section 64 ofAct 3 of 2008 89.
Amendment of paragraph 2 of Tenth Schedule to Act 58 of 1962, as inserted by section 63 of Act 20 of 2006 and amended by section 71 of Act 8 of 2007 90.
is a resident will not exceed [29] 28 cents on each rand of taxable income; and is not a resident and carries on a trade within the Republic will not exceed [32] 31 cents on each [Rand] rand of taxable income.'
[29] 28 per cent in respect of any oil and gas income solely derived (directly or indirectly) by virtue of an OP26 right as deï¬ned in Schedule II of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002), previously held by that company.''.
Subsection (1) is deemed to have come into operation on 1 April 2008 and applies in respect of years of assessment ending on or after that date.
Amendment of section 38 of Act 91 of 1964, as amended by section 13 of Act 105 of 1969, section 5 of Act 71 of 1975, section 4 of Act 105 of 1976, section 2 of Act 89 of 1983, section 18 of Act 59 of 1990, section 28 of Act 45 of 1995, section 42 of Act 19 of 2001, section 123 of Act 60 of 2001 and section 21 of Act 21 of 2006 91.
the goods are removed from the warehouse for home consumption or such other purpose as the Commissioner may allow; and the duty on such goods is paid at the time and in a manner speciï¬ed by rule.
Any document referred to in paragraph (a) and issued by a licensee contemplated in that paragraph shall, for the purposes of section 20(4), and subject to the provisions of section 39(2A), be deemed to be a due entry from the time of removal of those goods from the customs and excise storage warehouse.'
''(6) (a) Notwithstanding anything to the contrary contained in this Act, if liquid bulk goods, as may be prescribed by rule, are stored in a special customs and excise storage warehouse licensed as contemplated in section 21(3), the licensee of that warehouse may, subject to compliance with such conditions and procedures as the Commissioner may prescribe by rule, deduct from the quantity received in the warehouse, the actual losses arising from the storage in or removal of goods from that warehouse.
Notwithstanding paragraph (a), the Minister may determine a maximum percentage loss in respect of any class or kind of such goods by notice in the Gazette.''.
Subsection (1) or any part thereof comes into operation on the date or dates ï¬xed by the President by proclamation in the Gazette.
Amendment of section 43 of Act 91 of 1964, as amended by section 6 of Act 105 of 1976, section 7 of Act 112 of 1977, section 6 of Act 86 of 1982, section 32 of Act 45 of 1995, section 34 of Act 34 of 1997, section 124 of Act 60 of 2001, section 45 of Act 30 of 2002 and section 23 of Act 34 of 2004 92.
''(iii) be entitled to payment of [State warehouse rent as prescribed in the rules for section 17 to the extent that any amount becomes payable from the proceeds of sale as charges due to the Commissioner] the outstanding amount due in respect of the storage of those goods at the time of sale from the proceeds of the sale of those goods as charges according to the order contemplated in subsection (3) [or, if the goods are entered and delivery granted by the Controller before such sale, 50 per cent of any such rent paid on entry of the goods].'
''(bA) (i) Where any person who has control of premises as contemplated in paragraph (b) is entitled to payment in terms of that paragraph, that person may not, whether or not he or she receives any amount from the proceeds of sale as contemplated in that paragraph, collect any storage charges from the purchaser of the goods on a sale.
Where the goods are cleared and delivery granted by the Controller before the time of sale of the goods as contemplated in paragraph (b), the person having control thereof is entitled to collect his or her storage charges in respect of the goods and no State warehouse rent is payable for the time the goods remained under control of that person.'
by the substitution in subsection (3) for the words preceding the proviso of the following words: ''If after the expiration of 60 days from the date of removal to the State warehouse or other place indicated by the Controller or, where no such removal has taken place, from the date of expiry of the period prescribed in section 38(1), any goods remain unentered the Commissioner may cause them, except if they have been imported in contravention of any law, to be sold, and if so sold the proceeds thereof shall be applied in discharge of any duty, expenses incurred by the Commissioner, charges due to the Commissioner (including any State warehouse rent [referred to in subsection (2)]), a port or railway authority, the Department of Transport, a container operator or a depot operator, or any person other than a container operator or depot operator who had control over premises where the goods were so stored as contemplated in subsection (2), freight and salvage as provided for in section 16 of the Wreck and Salvage Act, 1996 (Act No.
''(a) Where any goods are seized and detained under the Counterfeit Goods Act, 1997, as contemplated in section 113A of this Act and the importer is not known or cannot despite reasonable efforts be located and no criminal or civil proceedings are instituted or no instruction is received for the release of the goods as contemplated in section 9(2) of the Counterfeit Goods Act, 1997, such goods shall, notwithstanding anything to the contrary in this Act or the said Counterfeit Goods Act, 1997, contained, be subject to this section.''.
Paragraphs (a) and (b) of subsection (1) come into operation on the date to be ï¬xed by the President by proclamation in the Gazette.
Amendment of section 44 of Act 91 of 1964, as amended by section 10 of Act 95 of 1965, section 5 of Act 57 of 1966, section 16 of Act 105 of 1969, section 7 of Act 71 of 1975, section 8 of Act 112 of 1977, section 5 of Act 110 of 1979, section 3 of Act 89 of 1984, section 13 of Act 84 of 1987, section 21 of Act 59 of 1990, section 3 of Act 98 of 1993, section 33 of Act 45 of 1995, section 51 of Act 53 of 1999, section 43 of Act 19 of 2001, section 125 of Act 60 of 2001, section 136 of Act 45 of 2003, section 67 of Act 32 of 2004, section 12 of Act 9 of 2005 and section 64 of Act 20 of 2006 93.
''(11A) Notwithstanding anything to the contrary contained in this Act, there shall be no liability for any underpayment on any goods if the duty which should have been paid was, in accordance with the practice generally prevailing at the time of entry for home consumption, not paid or the full amount of duty which should have been paid at the time of entry for home consumption was, in accordance with such practice, not paid, unless the Commissioner is satisï¬ed that the amount of duty which should have been paid was not paid, or that the full amount of duty was not paid due to fraud or misrepresentation or non-disclosure of material facts or any false declaration for purposes of this Act.''.
Amendment of section 47 of Act 91 of 1964, as amended by section 11 of Act 95 of 1965, section 17 of Act 105 of 1969, section 2 of Act 7 of 1974, section 7 of Act 105 of 1976, section 10 of Act 112 of 1977, section 9 of Act 98 of 1980, section 8 of Act 86 of 1982, section 15 of Act 84 of 1987, section 4 of Act 69 of 1988, section 22 of Act 59 of 1990, section 3 of Act 61 of 1992, section 37 of Act 45 of 1995, section 63 of Act 30 of 1998, section 53 of Act 53 of 1999, section 126 of Act 60 of 2001, section 104 of Act 74 of 2002, section 138 of Act 45 of 2003, section 3 of Act 10 of 2005, section 90 of Act 31 of 2005 and section 11 of Act 36 of 2007 94. Section 47 of the Customs and Excise Act, 1964, is hereby amended by the deletion of subsection (2).
Insertion of section 54EA in Act 91 of 1964 95.
54EA.
prescribe conditions and other requirements in respect of such exemption; and prescribe circumstances under which such exemption may be cancelled.''.
Subsection (1) is deemed to have come into operation on 21 October 2008.
Amendment of section 65 of Act 91 of 1964, as substituted by section 13 of Act 86 of 1982 and amended by section 8 of Act 101 of 1985, section 8 of Act 52 of 1989, section 9 of Act 68 of 1989, section 48 of Act 45 of 1995, section 5 of Act 44 of 1996, section 59 of Act 53 of 1999, section 128 of Act 60 of 2001, section 144 of Act 45 of 2003 and section 70 of Act 32 of 2004 96.
''(i) The Commissioner may in writing determine the transaction value of any imported goods, which is required to be ascertained [and] or may be determined as provided in section 66.''; and by the substitution in subsection (9) for the deï¬nition of ''buying commis sion'' of the following deï¬nition: '''buying commission' [, in relation to imported goods,] means any fee paid by an importer to [his] the importer's agent for the service of representing [him] the importer abroad in the purchase of [and the payment for] the goods being valued;''.
Amendment of section 66 of Act 91 of 1964, as substituted by section 14 of Act 86 of 1982 and amended by section 5 of Act 69 of 1988, section 10 of Act 68 of 1989, section 26 of Act 59 of 1990, section 49 of Act 45 of 1995 and section 60 of Act 53 of 1999 97.
''(a) are [packed in a container as deï¬ned in section 1(2) or, if not so packed in a container,] placed on board ship or on any vehicle which conveys them from or across the border of that country; or''.
Subsection (1) comes into operation on the date to be ï¬xed by the President by proclamation in the Gazette.
Amendment of section 67 of Act 91 of 1964, as substituted by section 6 of Act 85 of 1968 and amended by section 22 of Act 112 of 1977, section 15 of Act 86 of 1982, section 6 of Act 69 of 1988, section 11 of Act 68 of 1989, section 27 of Act 59 of 1990 and section 50 of Act 45 of 1995 98.
''(e) to the extent that they are not included in the price actually paid or payable for the goods, the cost of transportation, loading, unloading, handling and insurance and associated costs incidental to delivery of the goods at the port or place of export in the country of exportation and placing those goods on board ship or on any vehicle [, or in a container as deï¬ned in section 1(2),] at that port or place.'
Paragraphs (a) and (c) of subsection (1) come into operation on the date to be ï¬xed by the President by proclamation in the Gazette.
by the addition to paragraph (a) of subsection (15) of the following subparagraph: ''(iii) amend Schedule No. 4 or 5 in order to give effect to any agreement contemplated in section 49.'
''(22) (a) Where any item provides for a rebate of duty in respect of imported goods destroyed and any waste or scrap remaining after destruction of such goods enter home consumption, the extent of rebate shall be reduced by the duty payable on such waste or scrap.
Such waste or scrap shall be deemed to have been imported at the time it is entered for home consumption and shall be liable to duty in that state.''.
Amendment of section 76B of Act 91 of 1964, as substituted by section 67 of Act 34 of 2004 and amended by section 20 of Act 32 of 2005 100.
a refund of any amount paid under this Act where that amount was paid in accordance with the practice generally prevailing at the time of entry for home consumption of the goods in respect of which such payment was made; or a drawback of duty that was not claimed or allowed in accordance with the practice generally prevailing at the time the goods in respect of which the drawback could have been claimed or allowed were entered for export.''.
Continuation of certain amendments of Schedules to Act 91 of 1964 101. (a) Subject to paragraph (b), every amendment or withdrawal of or insertion in Schedule Nos. 1 to 6 and 10 to the Customs and Excise Act, 1964, made under section 48, 49, 56, 56A, 57, 60 or 75(15) of that Act up to and including 31 July 2008, shall not lapse by virtue of section 48(6), 49, 56(3), 56A(3), 57(3), 60(4) or 75(16) of that Act.
Paragraph (a) shall not include amendments made under sections 48 and 75(15) of the Customs and Excise Act, 1964, by Government Notices R.4, R.5 and R.6 of 1 January 2008.
Date of implementation of Free Trade Agreement between EFTA States and SACU States in Schedules No. 1 and 10 to Act 91 of 1964 102. (1) The amendment of Schedule No. 1 and Schedule No. 10 to the Customs and Excise Act, 1964, made respectively under sections 48(1), 48(1A), 49(1)(a) and (b) and 49(5) of that Act by Government Notices R.1254 and R.1255 of 15 December 2006, shall be deemed to have come into operation on 1 May 2008.
Government Notices R.1228 and R.1231 published in Government Gazette No. 30601 of 21 December 2007, respectively stating that Government Notices R.1254 and R.1255, referred to in subsection (1), will come into effect on 1 January 2008, shall be deemed not to have come into operation and are withdrawn with effect from 21 December 2007.
The rates of duty in the EFTA column of the amendment of Schedule No. 1 to the Customs and Excise Act, 1964, made under section 48 of that Act by Government Notice R.1230 of 21 December 2007, shall be deemed to have come into operation on 1 May 2008.
Repeal of Act 77 of 1968 103. (1) The Stamp Duties Act, 1968 (Act No. 77 of 1968), is hereby repealed.
Subsection (1) comes into operation on 1 April 2009.
Notwithstanding subsection (2), the provisions of the Stamp Duties Act, 1968 (Act No. 77 of 1968), other than those contained in paragraph (i) of the proviso to item 14(1) of Schedule 1 to that Act, continue to apply in respect of any instrument described in Schedule 1 of that Act executed before the date of the repeal of that Act as if that Act had not been so repealed.
Amendment of section 1 of Act 89 of 1991, as amended by section 21 of Act 136 of 1991, paragraph 1 of Government Notice 2695 of 8 November 1991, section 12 of Act 136 of 1992, section 1 of Act 61 of 1993, section 22 of Act 97 of 1993, section 9 of Act 20 of 1994, section 18 of Act 37 of 1996, section 23 of Act 27 of 1997, section 34 of Act 34 of 1997, section 81 of Act 53 of 1999, section 76 of Act 30 of 2000, section 64 of Act 59 of 2000, section 65 of Act 19 of 2001, section 148 of Act 60 of 2001, section 114 of Act 74 of 2002, section 47 of Act 12 of 2003, section 164 of Act 45 of 2003, section 43 of Act 16 of 2004, section 92 of Act 32 of 2004, section 8 of Act 10 of 2005, section 101 of Act 31 of 2005, section 40 of Act 9 of 2006, section 77 of Act 20 of 2006, section 81 of Act 8 of 2007, section 104 of Act 35 of 2007 and section 68 of Act 3 of 2008 104.
''(iii) which is a ['Public Private Partnership'] party to a 'Public Partnership Agreement' as deï¬ned in Regulation 16 of the Treasury Regulations issued in terms of section 76 of the Public Finance Management Act, 1999 (Act No.
''(iv) any ï¬xed property acquired in terms of the Provision of Land and Assistance Act, 1993 (Act No.
any ï¬xed property acquired in terms of section 42E of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994);''.
Subsection (1)(f) comes into operation on a date determined by the Minister of Finance by notice in the Gazette and applies in respect of ï¬xed property acquired on or after that date.
Amendment of section 2 of Act 89 of 1991, as amended by section 22 of Act 136 of 1991, paragraph 2 of Government Notice 2695 of 8 November 1991, section 13 of Act 136 of 1992, section 10 of Act 20 of 1994, section 19 of Act 37 of 1996, section 24 of Act 27 of 1997, section 87 of Act 30 of 1998, section 82 of Act 53 of 1999, section 149 of Act 60 of 2001, section 115 of Act 74 of 2002, section 44 of Act 16 of 2004, section 93 of Act 32 of 2004, section 41 of Act 9 of 2006 and section 78 of Act 20 of 2006 105. (1) Section 2 of the Value-Added Tax Act, 1991, is hereby amended by the deletion in subsection (4) of paragraph (b).
Subsection (1) is deemed to have come into operation on 21 October 2008 and applies in respect of agreements entered into on or after that date.
Amendment of section 8 of Act 89 of 1991, as amended by section 24 of Act 136 of 1991, paragraph 4 of Government Notice 2695 of 8 November 1991, section 15 of Act 136 of 1992, section 24 of Act 97 of 1993, section 11 of Act 20 of 1994, section 20 of Act 46 of 1996, section 25 of Act 27 of 1997, section 83 of Act 53 of 1999, section 67 of Act 19 of 2001, section 151 of Act 60 of 2001, section 166 of Act 45 of 2003, section 95 of Act 32 of 2004, section 102 of Act 31 of 2005, section 172 of Act 34 of 2005, section 42 of Act 9 of 2006, section 79 of Act 20 of 2006 and section 27 of Act 36 of 2007 106.
''(2C) Where a supply is deemed to have been made by a vendor in terms of subsection (2) and that vendor ceases to be a vendor for the sole reason that the vendor has registered as a 'micro business' as deï¬ned in the Sixth Schedule of the Income Tax Act, the tax payable in respect of that deemed supply shall be paid in six equal monthly instalments or in so many monthly instalments as the Commissioner may allow.
Where a supply is deemed to have been made by a vendor in terms of subsection (2) and that vendor ceases to be a vendor on or before 30 June 2009 for the sole reason that the total value of taxable supplies made by that vendor in the preceding period of 12 months has not exceeded R1 million, the tax payable in respect of that deemed supply shall be paid in six equal monthly instalments or in so many monthly instalments as the Commissioner may allow.'
''(5) For the purposes of this Act a designated entity shall be deemed to supply services to any public authority or municipality to the extent of any payment made by the public authority or municipality concerned to or on behalf of that designated entity in [respect of the taxable supply of goods or services] the course or furtherance of an enterprise carried on by that designated entity.'
''(5A) For the purposes of section 11(2)(t), a vendor (excluding a designated entity) shall be deemed to supply services to any public authority, municipality or constitutional institution listed in Schedule 1 to the Public Finance Management Act, 1999 (Act No. 1 of 1999), to the extent of any grant paid to or on behalf of that vendor in [respect of the taxable supply of goods or services] the course or furtherance of an enterprise carried on by that vendor.''; and by the addition to subsection (24) of the following proviso: '': Provided that this subsection shall not apply where those movable goods are supplied by the customs controlled area enterprise or IDZ operator, prior to the expiry of the relevant prescribed time period''.
Paragraph (a) of subsection (1) comes into operation on 1 March 2009.
Amendment of section 10 of Act 89 of 1991, as amended by section 26 of Act 136 of 1991, paragraph 5 of Government Notice 2695 of 8 November 1991, section 16 of Act 136 of 1992, section 26 of Act 97 of 1993, section 12 of Act 20 of 1994, section 21 of Act 37 of 1996, section 22 of Act 46 of 1996, section 27 of Act 27 of 1997, section 84 of Act 53 of 1999, section 68 of Act 19 of 2001, section 152 of Act 60 of 2001, section 168 of Act 45 of 2003, section 97 of Act 32 of 2004, section 104 of Act 31 of 2005, section 43 of Act 9 of 2006, section 80 of Act 20 of 2006 and section 82 of Act 8 of 2007 107.
''(5A) Where goods or services are deemed to be supplied by a vendor in terms of section 8(2) and where section 8(2C) is applicable, the supply shall be deemed to be made for a consideration in money equal to the consideration as determined in subsection (5) reduced by R100 000;''.
Subsection (1) comes into operation on 1 March 2009.
Amendment of section 11 of Act 89 of 1991, as amended by section 27 of Act 136 of 1991, paragraph 6 of Government Notice 2695 of 8 November 1991, section 17 of Act 136 of 1992, section 27 of Act 97 of 1993, section 13 of Act 20 of 1994, section 28 of Act 27 of 1997, section 89 of Act 30 of 1998, section 85 of Act 53 of 1999, section 77 of Act 30 of 2000, section 43 of Act 5 of 2001, section 153 of Act 60 of 2001, section 169 of Act 45 of 2003, section 46 of Act 16 of 2004, section 98 of Act 32 of 2004, section 21 of Act 9 of 2005, section 105 of Act 31 of 2005, section 44 of Act 9 of 2006, section 81 of Act 20 of 2006, section 105 of Act 35 of 2007 and section 29 of Act 36 of 2007 108.
Land Affairs who acquired those goods in terms of the Provision of Land and Assistance Act, 1993 (Act No. 126 of 1993), or section 42E of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994); or the goods (being ï¬xed property) are supplied to a person to the extent that the consideration for those goods is an advance or subsidy granted in terms of the Provision of Land and Assistance Act, 1993 (Act No. 126 of 1993); or the supply of goods, other than the supply of goods by an inbound duty and tax free shop, which have been imported and entered for storage in a licensed Customs and Excise storage warehouse but have not been entered for home consumption; or the supply of goods by an inbound duty and tax free shop.'
''(3) Where a rate of zero per cent has been applied by any vendor under the provisions of this section [or section 13(1)(ii)], the vendor shall obtain and retain such documentary proof substantiating the vendor's entitlement to apply the said rate under those provisions as is acceptable to the Commissioner.''.
Subsection (1)(a) (insofar as it amends paragraphs (s) and (t) of section 11(1) of the Value-Added Tax Act, 1991) comes into operation on a date determined by the Minister of Finance by notice in the Gazette and applies in respect of ï¬xed property acquired on or after that date.
Amendment of section 12 of Act 89 of 1991, as amended by section 18 of Act 136 of 1992, section 14 of Act 20 of 1994, section 22 of Act 37 of 1996, section 69 of Act 19 of 2001 section 154 of Act 60 of 2001, section 117 of Act 74 of 2002, section 99 of Act 32 of 2004, section 45 of Act 9 of 2006 and section 82 of Act 20 of 2006 109.
''(aa) provided by the State or a school registered under the South African Schools Act, 1996 (Act No. 84 of 1996), or a [further education and training institution established by the State or such institution registered under the Further Education and Training Act, 1998 (Act No. 98 of 1998)] public college or private college established, declared or registered as such under the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006).'
''(k) the supply of goods by any person that is not a resident of the Republic, other than the supply of goods by an inbound duty and tax free shop, which have been imported and entered for storage in a licensed Customs and Excise storage warehouse but have not been entered for home consumption: Provided that this paragraph shall not apply where such person applies in writing to the Commissioner, and the Commissioner, having regard to the circumstances of the case, directs that the provisions of this paragraph shall not apply to such person.''.
Amendment of section 13 of Act of 1991, as amended by section 29 of Act 136 of 1991, section 19 of Act 136 of 1992, section 15 of Act 20 of 1994, section 30 of Act 27 of 1997, section 34 of Act 34 of 1997, section 86 of Act 53 of 1999, section 70 of Act 19 of 2001, section 155 of Act 60 of 2001, section 170 of Act 45 of 2003, section 100 of Act 32 of 2004 and section 106 of Act 31 of 2005 110. Section 13 of the Value-Added Tax Act, 1991, is hereby amended by the deletion in subsection (1) of paragraph (ii) of the proviso.
Amendment of section 16 of Act 89 of 1991, as amended by section 30 of Act 136 of 1991, section 21 of Act 136 of 1992, section 30 of Act 97 of 1993, section 16 of Act 20 of 1994, section 23 of Act 37 of 1996, section 32 of Act 27 of 1997, section 91 of Act 30 of 1998, section 87 of Act 53 of 1999, section 71 of Act 19 of 2001, section 156 of Act 60 of 2001, section 172 of Act 45 of 2003, section 107 of Act 31 of 2005, section 47 of Act 9 of 2006, section 83 of Act 20 of 2006, section 83 of Act 8 of 2007, section 106 of Act 35 of 2007 and section 30 of Act 36 of 2007 111.
those goods are returned to the customs controlled area enterprise or IDZ operator; or those goods are supplied by the customs controlled area enterprise or IDZ operator where those goods are supplied after the relevant prescribed time period contemplated in section 8(24):''.
Amendment of section 18 of Act 89 of 1991 as amended by section 32 of Act 136 of 1991, section 23 of Act 136 of 1992, section 32 of Act 97 of 1993, section 18 of Act 20 of 1994, section 34 of Act 27 of 1997, section 93 of Act 30 of 1998, section 89 of Act 53 of 1999, section 174 of Act 45 of 2003, section 103 of Act 32 of 2004, section 109 of Act 31 of 2005, section 49 of Act 9 of 2006 and section 85 of Act 20 of 2006 112. (1) Section 18 of the Value-Added Tax Act, 1991, is hereby amended by the addition in subsection (4) to symbol ''B'' of the following proviso: '': Provided that where that person or partnership has previously deregistered as a vendor in terms of section 8(2) and where section 8(2C) is applicable, the amount determined in paragraph (i) or (ii) must be reduced by R100 000.''.
Amendment of section 23 of Act 89 of 1991, as amended by section 20 of Act 20 of 1994, section 37 of Act 27 of 1997, section 92 of Act 53 of 1999, section 178 of Act 45 of 2003, section 9 of Act 10 of 2005, section 36 of Act 32 of 2005, section 14 of Act 10 of 2006 and section 24 of Act 4 of 2008 113.
''(bb) opened a banking account with any bank, mutual bank or other similar institution, registered in terms of the Banks Act, 1990 (Act No. 94 of 1990), for the purposes of his enterprise carried on in the Republic and furnished the Commissioner with the particulars of such banking account.'
''(8) Notwithstanding subsections (1) and (2), where any person is registered as a micro business in terms of the Sixth Schedule to the Income Tax Act, that registered micro business may not register as a vendor.
Where any registered micro business is deregistered in terms of paragraph 10 of the Sixth Schedule to the Income Tax Act, other than by reason of its disqualiï¬cation in terms of paragraph 3(a) to 3(g)(ii) of that Schedule, the person shall be a vendor from the date the deregistration takes effect.''.
Paragraphs (a) and (c) of subsection (1) come into operation on 1 March 2009.
Amendment of section 39 of Act 89 of 1991 and amended by section 37 of Act 136 of 1991, section 30 of Act 136 of 1992, section 3 of Act 61 of 1993, section 23 of Act 20 of 1994, section 40 of Act 27 of 1997, section 166 of Act 60 of 2001, section 184 of Act 45 of 2003, section 50 of Act 16 of 2004, section 105 of Act 32 of 2004, section 22 of Act 9 of 2005 114.
''(3) If any person who is liable for the payment of tax in accordance with the provisions of section 8(2C) or 8(2D) fails to pay any amount of such tax within the period allowed for the payment of such tax in terms of that section, the person shall, in addition to such amount of tax, pay where payment of the said amount of tax is made on or after the ï¬rst day of the month following the month during which the period allowed for payment of the tax ended, interest on the said amount of tax, calculated at the prescribed rate (but subject to the provisions of section 45A) for each month or part of a month in the period reckoned from the said ï¬rst day.''; and by the substitution in subsection (7) for the words preceding paragraph (a) of the following words: ''To the extent that the Commissioner is satisï¬ed that the failure on the part of the person concerned or any other person under the control or acting on behalf of that person to make payment of the tax within the period for payment contemplated in subsection (1)(a), (2), (3), (4), (6) or (6A) or on the date referred to in subsection (5), as the case may be-''.
Insertion of section 78A in Act 89 of 1991 115.
78A. (1) For the purposes of this section- 'taxable turnover' has the meaning assigned thereto in the Sixth Schedule to the Income Tax Act; 'turnover tax' means the turnover tax payable by a registered micro business in terms of section 48A of the Income Tax Act; and 'registered micro business' has the meaning assigned thereto in the Sixth Schedule to the Income Tax Act.
which were not included in the taxable turnover of that person while it was a registered micro business; and the receipts for which are received after it became a vendor, must be deemed to be made in the course or furtherance of that vendor's enterprise in the tax period in which those receipts are received.
Subject to section 18(4)(b), where a person is deregistered in terms of the Sixth Schedule to the Income Tax Act and registers as a vendor, any value-added tax paid on expenditure it incurred while it was a registered micro business may not be deducted by that vendor as input tax.''.
Amendment of section 85 of Act 89 of 1991 116. Section 85 of the Value-Added Tax Act, 1991, is hereby amended by the deletion of subsection (2).
Repeal of section 60 of Act 113 of 1993 117. Section 60 of the Income Tax Act, 1993, is hereby repealed.
Repeal of section 41 of Act 21 of 1994 118. Section 41 of the Income Tax Act, 1994, is hereby repealed.
Amendment of section 42 of Act 22 of 1994 119.
''(2) The Minister may, in consultation with the Minister of Finance, direct that no [transfer duty, stamp duty or other] fees contemplated in subsection (1) shall be paid in respect of a particular transfer under this Act.''.
Subsection (1) comes into operation on a date determined by the Minister of Finance by notice in the Gazette and applies in respect of property acquired on or after that date.
Amendment of section 42A of Act 22 of 1994, as inserted by section 30 of Act 63 of 1997 and amended by section 2 of Act 48 of 2003 120.
''(2) No [duty,] fee or other charge is payable in respect of any registration in terms of subsection (1).'
The Company Tax Amendment Decree, 1994, of the former Republic of Ciskei is hereby repealed.
Repeal of Act 19 of 1995 122. The Tax Amnesty Act, 1995 (Act No. 19 of 1995), is hereby repealed.
Repeal of Act 101 of 1996 123. The Final Relief on Tax, Interest, Penalty and Additional Tax Act, 1996 (Act No. 101 of 1996), is hereby repealed.
Amendment of Schedule 1 to Act 20 of 2006, as amended by section 112 of Act 8 of 2007 and section 70 of Act 3 of 2008 124.
''(iii) paid for by [an individual] a member of the general public or by FIFA, a FIFA subsidiary or the Local Organising Committee.'
the supply of goods or services by a national supporter, referred to in subparagraph (c) of the deï¬nition of commercial affÄ±liate, to FIFA in respect of which such national supporter receives consideration in the form of a supply of services from FIFA, shall be charged with value-added tax at the zero rate.'
''(j) a staff member of the Hospitality Service Provider.''.
Subsection (1) is deemed to have come into operation on 1 January 2008 and applies in respect of receipts and accruals and supplies of goods and services on or after that date.
Amendment of Appendix I of Act 8 of 2007 125.
''The rate of tax referred to in section 2(1) of this Act to be levied in respect of the taxable income (excluding any retirement fund lump sum beneï¬t) of any natural person, deceased estate, insolvent estate or special trust (other than a public beneï¬t organisation or recreational club referred to in paragraph 5) in respect of any year of assessment ending on 29 February 2008 is set out in the table below:''.
Subsection (1) is deemed to have come into operation on 8 August 2007.
Amendment of section 5 of Act 25 of 2007 126.
''(3) Tax payable in terms of subsection (2) must be paid through the member or participant holding the listed security in custody or, in the case where the listed security is not held in custody by either a member or participant, through the company that issued the listed security.''.
Subsection (1) is deemed to have come into operation on 1 July 2008 and applies in respect of the transfer of a listed security on or after that date.
Amendment of section 8 of Act 25 of 2007 127.
in the case of an unlisted security, the company which issued that security; or in the case of a listed security, the relevant member, relevant participant or the company that issued that security where that security is not held in custody by either a member or a participant, would have had to pay tax of less than R100 to the Commissioner.''.
Subsection (1) comes into operation on 1 January 2009 and applies in respect of the transfer of a security on or after that date.
Amendment of section 52 of Act 35 of 2007, as amended by section 74 of Act 3 of 2008 128.
''(bA) section 45 of that Act, comes into operation on 1 January 2009, if the disposal contemplated in that section was the subject of an application for an advance tax ruling regarding the interpretation or application of the deï¬nition of 'group of companies' that was accepted by the Commissioner before 21 February 2008;''.
Subsection (1) is deemed to have come into operation on 8 January 2008.
Amendment of section 55 of Act 35 of 2007 129.
''(2) Subsection (1) is deemed to have come into operation on 1 January 2008 and applies in respect of years of assessment ending on or after that date.''.
Amendment of section 56 of Act 35 of 2007 130.
''(5) Subsection (1)(d) is deemed to have come into operation on 30 October 2007 and shall apply in respect of any transaction entered into [during any year of assessment ending] on or after that date.''.
Amendment of section 59 of Act 35 of 2007 131. (1) Section 59 of the Revenue Laws Amendment Act, 2007, is hereby amended by the deletion in subsection (1) of paragraph (f).
Subsection (1) comes into operation on 1 January 2009 and applies in respect of a dividend declared on or after that date.
Amendment of section 125 of Act 35 of 2007, as substituted by section 76 of Act 3 of 2008 132.
by a transferor to a transferee; or by a transferee to a transferor, is reduced or discharged as part of a transaction contemplated in subsection (2).''.
Subsection (1) is deemed to have come into operation on 1 January 2008.
Amendment of section 8 of Act 3 of 2008 133.
''(2) Subsection (1)(a), to the extent that it applies for purposes of section 9D(fA)(iv) of the Income Tax Act, 1962, is deemed to have come into operation on 1 October 2007 and applies in respect of a reduction or discharge on or after that date.''.
Subsection (1) is deemed to have come into operation on 1 October 2007 and applies in respect of years of assessment commencing on or after that date.
Amendment of section 38 of Act 3 of 2008 134.
''(2) Subsection (1) is deemed to have come into operation on 13 September, 2007.''.
Subsection (1) is deemed to have come into operation on 22 July 2008.
Amendment of Appendix I of Act 3 of 2008 135.
''The rate of tax referred to in section 1(1) of this Act to be levied in respect of the taxable income (excluding any retirement fund lump sum beneï¬t) of any natural person, deceased estate, insolvent estate or special trust (other than a public beneï¬t organisation or recreational club referred to in paragraph 5) in respect of any year of assessment ending on 28 February 2009 is set out in the table below:''.
This Act is called the Revenue Laws Amendment Act, 2008.
The amendments effected to the Income Tax Act, 1962, by this Act shall for the purposes of assessments in respect of normal tax under the Income Tax Act, 1962, except insofar as is otherwise provided for in this Act or the context indicates otherwise, be deemed to have come into operation as from the commencement of years of assessment ending on or after 1 January 2009.
<fn>GOV-ZA.3178215En.2012-02-10.en.txt</fn>
No. 61 of 2008: Revenue Laws Second Amendment Act, 2008.
O amend the Revenue Laws Amendment Act, 2007, so as to delete a and to provide for matters connected therewith.
Amendment of section 9 of Act 45 of 1955 1.
''(3) A notice of assessment shall be issued in respect of each return submitted in respect of any estate in which liability for duty, other than in respect of additional property contemplated in subsection (4)(c),is disclosed, due regard being had in the calculation of the duty to any duty chargeable on any previous returns submitted in respect of the same 10 estate.'
of the Administration of Estates Act, 1965 (Act No.
Estates Act, 1965 (Act No. 66 of 1965).
If additional property is found in respect of an estate within ï¬ve years from the date contemplated in subparagraph (i) or (ii) and a 25 supplementary liquidation and distribution account is required in terms of section 35 of the Administration of Estates Act, 1965 (Act No.
of the Administration of Estates Act, 1965.
If additional property is found in respect of an estate more than ï¬ve years after the date contemplated in subparagraph (i) or (ii) and a liquidation and distribution account is required in terms of section 35 of 35 the Administration of Estates Act, 1965 (Act No. 66 of 1965), the additional property shall be subject to an estate duty as if that property were the sole property of the estate of the deceased and as if the death of the deceased occurred on the date on which the additional property was reï¬ected in the supplementary liquidation and distribution account.''.
Subsection (1) comes into operation on 1 January 2009.
Amendment of section 3 of Act 58 of 1962, as amended by section 3 of Act 141 of 1992, section 3 of Act 21 of 1994, section 3 of Act 21 of 1995, section 20 of Act 30 of 1998, section 3 of Act 59 of 2000, section 6 of Act 5 of 2001, section 4 of Act 19 of 2001, section 18 of Act 60 of 2001, section 7 of Act 74 of 2002, section 13 of Act 45 of 2003, section 4 of Act 16 of 2004, section 2 of Act 21 of 2006, section 1 of Act 9 of 2007 and section 3 of Act 36 of 2007 2.
and (nB), section 11(e), (f), (g), (gA), (j), (l), (t), (u) and (w), section 12B(6), section 12C, section 12E, section 12G, section 13, section 14, section 15, section 22(1), (3) and (5), section 24(2), section 24A(6), section 24C, section 24D, section 24I, section 25D, section 27, section 28(2)(cA), section 30, section 30A, section 31, section 35(2), section 37A, section 38(4), section 44(13)(a), section 47(6)(c)(i), section 57, section 76A, section 80B and section 80S;''.
Amendment of section 35A of Act 58 of 1962, as inserted by section 30 of Act 32 of 2004 and amended by section 5 of Act 32 of 2005 3.
by the deletion in subsection (9) of paragraph (b); and by the deletion of subsection (10).
Subsection (1) comes into operation on a date determined by the Minister of Finance by notice in the Gazette.
Amendment of section 66 of Act 58 of 1962 4.
''(3) Any such person failing to furnish such returns shall not be relieved from any administrative penalty by reason only of his or her having received no notice to furnish the same or of the prescribed form not having been delivered to him or her, but the Commissioner may, if he or she deems it advisable, cause forms to be delivered or sent by post to any person.''.
Subsection (1) comes into operation on the date on which section 75B of the Income Tax Act, 1962, comes into operation.
Amendment of section 73B of Act 58 of 1962, as inserted by section 22 of Act 5 of 2001 and amended by section 44 of Act 74 of 2002 5.
''(2) Where a person has disposed of assets in respect of which the capital gain or capital loss is not disregarded or excluded in terms of the Eighth Schedule and all capital gains or capital losses determined in respect of the disposal of those assets exceed [R10 000] the amount contemplated in paragraph 5(1) of the Eighth Schedule in respect of the year of assessment, but that person is not required to render a return, that person must retain the records required to determine those capital gains or capital losses for a period of ï¬ve years from the date of disposal of each of those assets.''.
Amendment of section 74 of Act 58 of 1962, as substituted by section 14 of Act 46 of 1996 and amended by section 27 of Act 28 of 1997, section 51 of Act 60 of 2001 and section 67 of Act 45 of 2003 6.
ascertaining the correctness of any return, ï¬nancial statement, document, declaration of facts [or], valuation or other information in the Commissioner's possession;''.
Amendment of section 75B of Act 58 of 1962, as inserted by section 15 of Act 4 of 2008 7.
''(c) [the incidence of] any recurrence or repeat [thereof] of the non-compliance.''.
Amendment of section 76G of Act 58 of 1962, as inserted by section 12 of Act 34 of 2004 and amended by section 4 of Act 9 of 2007 8.
and (2) of this section, the Commissioner may publish lists of issues in respect of which applications [will not be accepted] may be rejected.''.
Amendment of section 76O of Act 58 of 1962, as inserted by section 12 of Act 34 of 2004 9. Section 76O of the Income Tax Act, 1962, is hereby amended by the addition to subsection (2) of the following proviso: '': Provided that the Commissioner is not required to publish a ruling that is the same as a ruling already published''.
Amendment of section 80R of Act 58 of 1962, as inserted by section 6 of Act 21 of 2006 10. Section 80R of the Income Tax Act, 1962, is hereby amended by the substitution for the heading of the following heading: ''Request for [additional] information''.
Insertion of section 89sept in Act 58 of 1962 11.
89sept. (1) Notwithstanding any other provision of this Act, where the date for the submission of a return or the payment of tax, penalties or interest is the last day of the ï¬nancial year of the Government, the Minister 5 may by notice in the Gazette prescribe any other date for submission of the return and payment of the tax, penalties and interest, which date may not fall on a day more than two business days prior to the last day of that year.
30 days prior to the date so prescribed by the Minister.''.
Substitution of section 93 of Act 58 of 1962 12.
''Collection of taxes under arrangements made under section 108 93.
Commissioner may prescribe, for the collection from any person of an amount alleged to be due by him or her under the tax laws of such other country, the Commissioner may, by notice in writing, call upon such person 20 to state, within a period speciï¬ed in the notice, whether or not he or she admits liability for such amount or for any lesser amount.
there is a risk of dissipation or concealment of assets by such person, 35 the Commissioner may, by notice in writing, require such person to pay the amount for which he or she has admitted liability or the amount speciï¬ed, as the case may be, on a date speciï¬ed, for transmission to the competent authority in such other country.
If such person fails to comply with the notice under subsection (2) the 40 amount in question may be recovered, for transmission to such competent authority, as if it were a tax payable by such person under this Act.
Republic in accordance with the relevant law.''.
Amendment of section 101 of Act 58 of 1962, as amended by section 29 of Act 90 of 1962, section 22 of Act 52 of 1970, section 39 of Act 94 of 1983, section 40 of Act 129 of 1991, section 27 of Act 36 of 1996, section 49 of Act 30 of 2000 and section 50 of Act 74 of 2002 13. (1) Section 101 of the Income Tax Act, 1962, is hereby amended by the deletion of subsection (8).
Amendment of paragraph 6 of Fourth Schedule to Act 58 of 1962, as amended by section 83 of Act 45 of 2003 and section 18 of Act 34 of 2004 14.
''(4) Any decision by the Commissioner [not to remit any penalty under subparagraph (2) or] to impose any penalty under subparagraph (2A), shall be subject to objection and appeal.''.
Amendment of paragraph 12 of Fourth Schedule to Act 58 of 1962, as inserted by section 43 of Act 53 of 1999 15.
has failed to deduct or withhold employees' tax; or has failed to pay over any amount of employees' tax deducted or withheld, and such employer has not been absolved from his or her liabilities in terms of the provisions of this Schedule, the Commissioner may make a reasonable estimate of the amount of employees' tax which is required to be deducted or withheld and issue to the employer a notice of assessment for the unpaid amount.''.
Amendment of paragraph 14 of Fourth Schedule to Act 58 of 1962, as amended by section 40 of Act 88 of 1971, section 50 of Act 101 of 1990, section 57 of Act 74 of 2002 and section 22 of Act 4 of 2008 16.
''(5) [No] Unless the Commissioner otherwise directs, no employees' tax certiï¬cate as contemplated in paragraph 13(2)(a) or (c) shall be delivered by the employer until such time as the return contemplated in subparagraph (3)(a) or (b), as the case may be, has been rendered to the Commissioner.''; and by the deletion of subparagraph (6).
Subsection (1)(a) is deemed to have come into operation on 29 August 2008.
Subsection (1)(b) comes into operation on a date determined by the Minister of Finance by notice in the Gazette.
Amendment of paragraph 16 of Fourth Schedule to Act 58 of 1962, as amended by section 86 of Act 45 of 2003, section 23 of Act 16 of 2004, section 52 of Act 31 of 2005 and section 45 of Act 3 of 2008 17.
''(2)Any liability for employees'tax or interest on employees'tax or any penalty imposed under this Act in respect of non-compliance with this Part of any person who in terms of the deï¬nition of 'employer' in paragraph 1 is an employer by virtue of such person having paid or become liable to pay remuneration in a ï¬duciary capacity or in the person's capacity as a trustee in an insolvent estate, an executor, or an administrator of a beneï¬t fund, pension fund, pension preservation fund, provident fund, provident preservation fund, retirement annuity fund or any other fund, or as a representative employer, shall be limited to the extent only of any assets belonging to the person, body, trust, estate or fund represented or administered by such person which may be in the possession or under the management, disposal or control of such person.''.
Amendment of paragraph 19 of Fourth Schedule to Act 58 of 1962, as amended by section 28 of Act 88 of 1965, section 46 of Act 89 of 1969, section 43 of Act 88 of 1971, section 50 of Act 85 of 1974, section 49 of Act 94 of 1983, section 52 of Act 101 of 1990, section 44 of Act 21 of 1995, section 37 of Act 5 of 2001, section 87 of Act 45 of 2003, section 54 of Act 31 of 2005 and section 46 of Act 3 of 2008 18.
''The basic amount applicable to any estimate submitted by a provisional taxpayer under this paragraph shall, for the purposes of this paragraph [and paragraph 20], be deemed to be-''.
Amendment of paragraph 20 of Fourth Schedule to Act 58 of 1962, as amended by section 25 of Act 72 of 1963, section 29 of Act 88 of 1965, section 47 of Act 89 of 1969, section 44 of Act 88 of 1971, section 51 of Act 85 of 1974, section 36 of Act 69 of 1975, section 50 of Act 94 of 1983 and section 39 of Act 121 of 1984 19.
the amount of normal tax calculated in respect of a taxable income equal to the said basic amount, at the rates applicable in respect of that year.''.
Repeal of paragraph 27 of Fourth Schedule to Act 58 of 1962 20. (1) Paragraph 27 of the Fourth Schedule to the Income Tax Act, 1962, is hereby repealed.
Substitution of paragraph 31 of Fourth Schedule to Act 58 of 1962 21.
Any amount of [employee's] employees' tax, provisional tax, penalty imposed under this Act in respect of non-compliance with this Schedule or additional tax payable in terms of this Schedule, and any amount of interest payable in terms of section eighty-nine bis of this Act shall when it becomes due or is payable be a debt due to the State and may be recovered by the Commissioner in the manner prescribed in section ninety-one for the recovery of tax and interest due or payable under this Act.''.
Amendment of section 1 of Act 91 of 1964, as amended by section 1 of Act 95 of 1965, section 1 of Act 57 of 1966, section 1 of Act 105 of 1969, section 1 of Act 98 of 1970, section 1 of Act 71 of 1975, section 1 of Act 112 of 1977, section 1 of Act 110 of 1979, sections 1 and 15 of Act 98 of 1980, section 1 of Act 89 of 1984, section 1 of Act 84 of 1987, section 1 of Act 68 of 1989, section 1 of Act 59 of 1990, section 1 of Act 19 of 1994, section 57 of Act 30 of 1998, section 46 of Act 53 of 1999, section 58 of Act 30 of 2000, section 60 of Act 59 of 2000, section 113 of Act 60 of 2001, section 131 of Act 45 of 2003, section 1 of Act 32 of 2004, section 85 of Act 31 of 2005, section 7 of Act 21 of 2006 and section 10 of Act 9 of 2007 22.
anything classiï¬able within any heading or subheading of Part 1 of Schedule No.
[(c)](iii) whereby the dutiable quantity or value of any imported goods speciï¬ed in section B of Part 2 of Schedule No.
[(e)](v) in the packing or measuring off of any imported goods speciï¬ed in section B of Part 2 of Schedule No.
in the generation of electricity liable to environmental levy; or any process as may be prescribed in any Part of Schedule No.
deemed in terms of any provision of this Act to be under customs control, whether or not declared in terms of any provision of this Act or, if so declared, whether or not release thereof has been granted.''.
Paragraphs (a) and (b) of subsection (1) are deemed to have come into operation on 21 October 2008.
Substitution of section 3A of Act 91 of 1964, as inserted by section 3 of Act 59 of 1990 23.
3A. (1) Any duty imposed or power conferred by this Act on [the] a Director-General [: Trade and Industry] may be performed or exercised by him or her personally or by an officer under a delegation from or under the control or direction of [the said] that Director-General.
Any decision made under subsection (1) by any such officer may be withdrawn or amended by [the said] that Director-General or by the officer (with effect from the date of making such decision or the date of withdrawal or amendment thereof) and shall, until it has been so withdrawn, be deemed, except for the purposes of this subsection, to have been made by that Director-General.''.
Repeal of section 3B of Act 91 of 1964 24. Section 3B of the Customs and Excise Act, 1964, is hereby repealed.
in respect of which he or she has reasonable cause to believe that there has been a contravention of any provision of this Act or any provision of any other law relating to the importation or exportation of goods, and may freely remain on such ship or vehicle in pursuance of his or her duties.''.
Subsection (1) comes into operation on 31 March 2009.
Insertion of sections 4A, 4B and 4C in Act 91 of 1964 26.
may determine a category of officers who have the power to carry out an arrest for the purposes of enforcing this Act; and must furnish each such officer with an appropriate certiï¬cate and identiï¬cation card stating that the officer is authorised to carry out an arrest for the purpose of enforcing this Act.
In exercising the powers of arrest contemplated in subsection (1), an officer shall be deemed to be a peace officer as deï¬ned in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and such officer shall be subject to any relevant provision in Chapter 5 of that Act applicable to a peace officer.
Any person arrested by an officer must as soon as possible be brought to a police station or, in the case of an arrest by warrant, to any other place expressly mentioned in the warrant and further be dealt with in the manner contemplated in section 50 and other provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
Possession and use of ï¬rearms 4B. (1) (a) The Commissioner may determine a category of officers authorised to possess ï¬rearms for the purposes of enforcing this Act.
The possession and use of ï¬rearms by officers shall be subject to the provisions of sections 95 to 101 of the Firearms Control Act, 2000 (Act No. 60 of 2000), and the regulations made thereunder, to the extent that those provisions relate to an Official Institution.
Any power conferred or duty imposed in the Firearms Control Act, 2000 (Act No. 60 of 2000), on the head of an Official Institution or on an Official Institution shall be deemed to be conferred or imposed on the Commissioner.
An officer to whom the Commissioner issues a permit to possess a ï¬rearm, must carry such permit on his or her person when he or she is in possession of a ï¬rearm.
The permit contemplated in paragraph (a) is proof that such an officer is authorised to possess an official ï¬rearm.
If, for any reason, an officer is unable to produce such a permit when required to do so, a statement by the Commissioner to the effect that such a permit has been issued is sufficient proof that the officer is authorised to have the ï¬rearm in his or her possession.
The Commissioner may authorise the use of non-lethal weapons by officers in such circumstances and in such a manner as may be prescribed by rule.
in respect of any other matter which the Commissioner may consider reasonably necessary and useful for the efficient and effective administration of the provisions contained in this section.
patrol boats, aircraft and other vehicles; and arms and ammunition required to equip or supply any customs patrol boat, aircraft or other vehicle.
When patrolling the borders of the Republic an officer may arrest any person in accordance with the provisions of section 4A.
that vessel does not immediately come to a stop when signalled, ordered or required to do so; or the operator of the vessel refuses to permit the vessel to be boarded.
The customs officer commanding any customs patrol boat involved in pursuing a vessel as contemplated in paragraph (a) may, as a last resort and after having ï¬red a warning, ï¬re at or into the vessel to compel it to come to a stop.
Any customs patrol boat may exercise on behalf of the Republic, or on behalf of a foreign state, the right of hot pursuit of any vessel in accordance with Article 111 of the United Nations Convention on the Law of the Sea.
The seizure of such a vessel and the arrest of any person on board such a vessel may be effected by any customs officer on board a customs patrol boat.
registration, licensing or other requirement or any related fee normally applicable to the possession or movement of vessels, aircraft or vehicles, if clearly marked and identiï¬able as a customs patrol boat, aircraft or vehicle; or mooring, docking, landing or road toll fee, or any similar charge, whilst used for official duties; and officers serving on board customs patrol boats are exempted from any provisions in any other law relating to their competency or certiï¬cation if adequately trained and tested in accordance with the standards prescribed by rule in order to ensure their competency and certiï¬cation.
in respect of any other matter which the Commissioner may consider reasonably necessary and useful for the efficient and effective administration of the provisions contained in this section.''.
Insertion of section 7A in Act 91 of 1964 27.
7A. (1) In this section and the rules thereto, unless the context indicates otherwise- 'Advance Passenger Information' means an electronic message, including any updated or revised version thereof, transmitted to the Commissioner by an operator within the periods and containing the particulars the Commissioner may prescribe by rule; 'airline' means any air transport enterprise offering or operating an international air passenger service to and from the Republic; 'operator' means the person having the management of an aircraft at any time, and includes any airline or the person who owns or hires such aircraft or in whose name the aircraft is registered in terms of the regulations made under the Aviation Act, 1962 (Act No.
'passenger' means a person arriving on an aircraft from a place outside the Republic or departing on an aircraft to a place outside the Republic and includes, unless the context otherwise indicates, a crew member.
facilitating any border security measures at an international airport; or protecting the health and safety of passengers and members of the public.
Any Advance Passenger Information shall be subject to compliance with section 101B.
The operator shall communicate Advance Passenger Information within the periods the Commissioner may prescribe by rule.
the operator demonstrates when he or she will be able to comply with this section; and the operator complies with such conditions and interim measures as the Commissioner may impose.
An operator who has been granted an extension as contemplated in paragraph (a), shall provide officers with ongoing access to that operator's operator system information for the duration of the extension.
limits or alters any of the powers conferred on officers under this Act.
dishonestly or fraudulently prepares, transmits or alters any Advance Passenger Information; or is a passenger and furnishes passenger information which he or she knows is false in a material respect, shall be guilty of an offence and liable on conviction to a ï¬ne or to imprisonment for a period not exceeding ï¬ve years or to both a ï¬ne and such imprisonment.
Amendment of section 13 of Act 91 of 1964, as amended by section 3 of Act 57 of 1966, section 5 of Act 105 of 1969, section 2 of Act 112 of 1977, section 3 of Act 101 of 1985, section 3 of Act 52 of 1986, section 11 of Act 59 of 1990 and section 8 of Act 45 of 1995 28.
''(5) (a) Notwithstanding anything contained in subsection (1) or subsection (4)(a) or in any other law but subject to the provisions of subsection (3) or subsection (4)(b), any person importing or exporting goods by post shall submit the invoice in respect of such goods to the postmaster concerned[, and no].
No person shall receive, remove, take, deliver or in any manner deal with or in such goods unless the correct duty has been paid to that postmaster.'
''(6) Any postmaster may at any time detain any [imported] postal item under his control and cause such postal item to be removed to the Controller, who may examine such postal item, and if the goods therein are found not to agree in all respects with the particulars relating to the value, description or quantity appearing on the form or label referred to in subsection (1) or the invoice concerned, such goods shall notwithstanding anything to the contrary contained in any other law [contained], be liable to forfeiture.''.
Subsection (1) comes into operation on a date to be ï¬xed by the President by proclamation in the Gazette.
Amendment of section 15 of Act 91 of 1964, as amended by section 2 of Act 98 of 1970, section 2 of Act 89 of 1984, section 12 of Act 101 of 1985, section 12 of Act 59 of 1990 and section 20 of Act 34 of 2004 29.
goods which a person who temporarily entered the Republic was required to declare upon entering the Republic as contemplated in paragraph (a)(iv).''.
Amendment of section 19 of Act 91 of 1964, as amended by section 3 of Act 95 of 1965, section 7 of Act 105 of 1969, section 13 of Act 45 of 1995 and section 39 of Act 19 of 2001 30.
a prescribed certiï¬cate, invoice or other prescribed or approved document issued in respect thereof as contemplated in section 38(4) or (5); and licensee is able to comply with any reasonable requirements the Commissioner may prescribe by rule or impose in a speciï¬c case to ensure the information contained in such a computer system is secure and is preserved in such a manner that it is readily available to be accessed by an officer for audit purposes.''.
Paragraph (b) of subsection (1) comes into operation on a date to be ï¬xed by the President by proclamation in the Gazette.
Amendment of section 19A of Act 91 of 1964, as inserted by section 40 of Act 19 of 2001 and amended by section 64 of Act 30 of 2002 31.
''(eeA) simpliï¬ed procedures for any person or a category of persons in respect of any matter contemplated in items (aa) to (ee) or (ff), or in any other provision of this Act relating to such goods;''.
Amendment of section 38 of Act 91 of 1964, as amended by section 13 of Act 105 of 1969, section 5 of Act 71 of 1975, section 4 of Act 105 of 1976, section 2 of Act 89 of 1983, section 18 of Act 59 of 1990, section 28 of Act 45 of 1995, section 42 of Act 19 of 2001, section 123 of Act 60 of 2001 and section 21 of Act 21 of 2006 32.
the Commissioner may, if an application for extension is received from the importer, importer's agent or the person having control of the goods as contemplated in section 43(1)(a) before expiry of such period, on good cause shown, extend such period.
goods imported under an international carnet; and goods of a value for duty purposes not exceeding R500, and on which no duty is payable in terms of Schedule No. 1, and such goods need not be so entered.
The Commissioner may, in respect of dutiable goods imported by air of a value for duty purposes not exceeding R500 and for which immediate clearance is requested, allow a licensee of any premises licensed under the provisions of this Act to remove such goods for home consumption and to pay the duties due at such time on compliance with such conditions as the Commissioner may specify by rule and impose in each case.
Any importer may, at any place appointed under the provisions of this Act for the entry of goods, make such entry of goods which have been loaded on a ship or delivered to the carrier which conveys the goods by vehicle to the Republic for discharge at that place, notwithstanding the fact that such ship or vehicle has not yet arrived at that place.
If any goods referred to in subparagraph (i) have not been so loaded at the time of entry as provided in section 45(2), the importer shall be guilty of an offence and those goods shall be deemed not to have been entered.'
goods which in the opinion of the Commissioner are of no commercial value; (dd) goods exported under an international carnet; and (ee) goods of a value not exceeding R500, and on which no duty is payable, need not be so entered.
The Commissioner may allow an extension of the period prescribed by rule on good cause shown, provided that application for an extension is received before expiry of such period.'
in the case of goods to be exported overland in a vehicle (excluding an aircraft and a train), subject to the provisions of paragraph (a), at the time when such goods [are loaded on the vehicle concerned] arrive at a place of entry appointed under section 6 where such goods may enter or leave the Republic.'
by the insertion in subsection (3) of the following paragraph: ''(c) If goods, removed in terms of any procedure regulated by this Act, are to be transferred from one mode of transport to another or from a particular mode of transport to a similar mode, the Controller where such procedure was authorised must be informed at the time and in the manner prescribed by rule.''.
Subsection (1) or any part thereof comes into operation on a date or dates to be ï¬xed by the President by proclamation in the Gazette.
Amendment of section 39 of Act 91 of 1964, as amended by section 1 of Act 85 of 1968, section 14 of Act 105 of 1969, section 1 of Act 93 of 1978, section 4 of Act 110 of 1979, section 8 of Act 98 of 1980, section 10 of Act 84 of 1987, section 3 of Act 69 of 1988, section 19 of Act 59 of 1990 and section 29 of Act 45 of 1995 33.
''(a) Any person who removes goods from a customs and excise warehouse by means of the issuing of a certiï¬cate, invoice or other document referred to in section 38(4) or (5) shall present to the Controller a validating bill of entry in the prescribed form at the time and in the manner speciï¬ed by rule in respect of any such certiï¬cate, invoice or other document, and shall pay at the prescribed time to the Controller the duty due on the goods to which such certiï¬cate, invoice or other document relates.''.
Insertion of sections 39B, 39C and 39D in Act 91 of 1964 34.
39B. (1) In this section and for the purposes of sections 39C and 39D, unless the context indicates otherwise- 'incomplete bill of entry' means a bill of entry containing at least the particulars as speciï¬ed in subsection (5)(a) and prescribed by rule or determined in a speciï¬c instance; 'periodic bill of entry' means a supplementary bill of entry in respect of a previously delivered provisional or an incomplete bill of entry, which is delivered to the Commissioner periodically within the period prescribed in section 39C; 'provisional bill of entry' means a bill of entry containing all the particulars as set out on the prescribed form, but provisionally declaring certain particulars subject to delivery of a supplementary bill of entry by means of which the provisional particulars are corrected; and 'supplementary bill of entry' means a bill of entry that corrects a provisional bill of entry or completes an incomplete bill of entry and which, as contemplated in subsection (10), together with the provisional or incomplete bill of entry, complies with the requirements of section 39 and any other provision of this Act relating to the entry of the goods concerned.
Notwithstanding anything to the contrary contained in this Act, the Commissioner may, in accordance with the provisions of this section, generally and for a speciï¬c period or in a speciï¬c instance allow an importer or exporter to deliver a provisional or an incomplete bill of entry where the said person does not have all the information or documents required to make due entry.
home consumption (including entry under any item of Schedule No.
placing in a licensed customs and excise warehouse; or goods intended to be exported from the Republic.
Notwithstanding anything to the contrary contained in this Act, any approval by the Commissioner for the use of a provisional or an incomplete bill of entry in respect of goods to be removed in bond, shall be subject to such special procedures and conditions as the Commissioner may specify by rule or determine in a speciï¬c instance.
release the goods.
The Commissioner may, on good cause shown, allow an importer or exporter, who is not able to declare the correct value of the goods, to declare a provisional value considered reasonable by the Commissioner.
The Commissioner may prescribe generally by rule or determine in a speciï¬c instance the supporting documentation that must accompany an application for an incomplete bill of entry.
be supported by the documents referred to in section 39 and, where applicable, by any documentation required under any other law authorising the importation or exportation of the goods.
An importer or exporter must, unless the Commissioner grants an extension under section 38(1)(a)(iii) or (3)(a)(ii), deliver any application for a provisional or an incomplete bill of entry within the periods contemplated in section 38(1)(a) or (3)(a).
The Commissioner may require any person applying for a provisional or an incomplete bill of entry to furnish the amount of security that the Commissioner may require in respect of any duties that may be payable, or become payable on such goods, pending the delivery of the supplementary bill of entry.
the duty leviable thereon at the time; and the fulï¬lment of any obligation in terms of this Act in respect of any procedure under which the goods are entered, from the time of entry of those goods.
For the purposes of this section 'time of entry' shall be deemed to be the time when the provisional or incomplete bill of entry is delivered as contemplated in subsection (12), and where the goods concerned are released in terms of that subsection.
An importer shall, within seven days from the date of the delivery of a provisional or an incomplete bill of entry, and an exporter before the goods are exported unless exempted as contemplated in section 38(3)(a), deliver a supplementary bill of entry and pay any duty that may be due in respect thereof in compliance with the requirements of section 39(1) and (2), but any document authorising the importation or exportation of goods and presented with the application for a provisional or an incomplete bill of entry need not again be produced unless the Controller so requires.
A supplementary bill of entry shall include a reference to the relevant provisional or incomplete bill of entry.
A supplementary bill of entry shall be delivered to the same office where the provisional or incomplete bill of entry to which it relates was delivered.
The Commissioner may, on application by the importer or exporter before expiry of the period speciï¬ed in paragraph (a), extend that period by not more than seven days where the Commissioner is satisï¬ed that reasonable grounds exist on which the importer or exporter is not able to obtain the necessary information or documents in order to deliver the supplementary bill of entry.
Any supplementary bill of entry and any provisional or incomplete bill of entry preceding it and in respect of which it is made, shall be deemed to constitute a single indivisible bill of entry taking effect on the date of delivery of the provisional or incomplete bill of entry and shall on acceptance of the supplementary bill of entry for the purposes of this Act, be deemed to be due entry made of the goods concerned from that date.
the importer or exporter has not applied for a provisional or an incomplete bill of entry within the period speciï¬ed in subsection (7).
has expired, or will expire within three days from the date of refusal, make due entry of the goods within ï¬ve days from the date of refusal and such period shall be deemed to be an extension granted by the Commissioner as contemplated in section 38(1)(a) or (3)(a).
The delivery of a provisional or an incomplete bill of entry to the Commissioner or a Controller, as appropriate, shall be deemed for the purposes of this section to be a ï¬nalised application for a provisional or an incomplete bill of entry by the importer or exporter concerned and the release of the goods entered on such a bill of entry by the Commissioner or a Controller shall be deemed to be the authorisation contemplated in subsection (2).
prescribe the manner in which the release of goods entered on a provisional or an incomplete bill of entry may be authorised; and prescribe any other matter which the Commissioner may reasonably consider to be necessary and useful to achieve the efficient and effective administration of this section.'
periodically deliver a supplementary bill of entry in respect of a speciï¬c preceding incomplete bill of entry as may be speciï¬ed in such rule.
Unless the context otherwise indicates, the provisions of section 39B(1), (2), (3), (4), (5), (7), (9), (10), (11), (12) and (13) apply mutatis mutandis to this section.
An authorised importer or exporter shall, within a period of seven days from the last day of the preceding month, deliver a supplementary bill of entry in respect of each incomplete bill of entry delivered during that month and pay any duties due on such goods in accordance with the requirements of section 39(1) and (2).'
Commissioner by rule, and, if true and correct, such information or documents shall, subject to payment of any duty due on such goods in such a manner and within such a period as may be speciï¬ed by rule, be deemed to be a due entry of the goods for the purposes of this Act from the date of delivery of such documents where the Commissioner authorises clearance and release of those goods.
any class or kind of goods that the Commissioner consider- (aa) to be a high risk to revenue; or (bb) not suitable for clearance and release as contemplated in subsection (1).
An importer or exporter of goods contemplated in paragraph (a), must make due entry of such goods as required in terms of sections 38 and 39.
importer complies with such other requirements as may be prescribed by rule.
indicate that its purpose is solely to apply to the Commissioner for immediate release of the goods described therein; and furnish an undertaking to comply with the provisions of this section and the rules made thereunder.
A bill of entry endorsed in the manner contemplated in paragraph (b) shall be deemed not to be due entry.
An importer who has been granted immediate release of goods in terms of the provisions in this subsection must make due entry of such goods within the period contemplated in section 38(1)(a) and such bill of entry shall be deemed to be effective from the date that release is granted.
The Commissioner may prescribe by rule the manner of release and conditions in terms of which release of such goods may be authorised.
Where the importer applies to the Commissioner for an extension before expiry of the period contemplated in section 38(1)(a), the Commissioner may extend that period by not more than seven days where the Commissioner is satisï¬ed that reasonable grounds exist on which the importer is not able to obtain the necessary information or documents to make due entry of the goods.
The Commissioner may refuse any application for immediate release of goods in a manner contemplated in subsection (3) where the importer has failed to comply with any condition prescribed therein or the rules or any condition imposed by the Commissioner.
make due entry of the goods as contemplated in section 39; or otherwise deal with the goods as the Commissioner may direct, failing which the goods shall be regarded as uncleared.''.
Paragraphs (a) and (b) of subsection (1) come into operation on a date or dates ï¬xed by the President by proclamation in the Gazette.
Paragraph (c) of subsection (1), insofar as it relates to the insertion of section 39D(1) and (2), comes into operation on a date ï¬xed by the President by proclamation in the Gazette.
Amendment of section 40 of Act 91 of 1964, as amended by section 9 of Act 95 of 1965, section 6 of Act 71 of 1975, section 5 of Act 105 of 1976, section 2 of Act 93 of 1978, section 4 of Act 86 of 1982, section 3 of Act 89 of 1983, section 11 of Act 84 of 1987, section 4 of Act 68 of 1989 and section 30 of Act 45 of 1995 35.
in the case of an amendment referred to in item (cc) of the said paragraph (aA), from the date on which such amendment is published by notice in the Gazette; and a substitution contemplated in paragraph (a)(ii)(bb), within a period of one month from the date the goods were entered on the bill of entry for which substitution is required or within such longer period as the Commissioner may prescribe by rule or determine in a speciï¬c instance.''.
Subsection (1)(a) comes into operation on a date to be ï¬xed by the President by proclamation in the Gazette.
Amendment of section 64E of Act 91 of 1964, as inserted by section 48 of Act 19 of 2001 and amended by section 50 of Act 30 of 2002 36.
confer accredited client status on any applicant therefor who is licensed or registered under any provision of this Act; and determine by rule levels of accredited client status and speciï¬c criteria applicable to each level.'
''(a) The Commissioner may refuse any application for accredited client status or any level of accredited client status or cancel or suspend such status.'
''(c) Any accredited client status conferred by the Commissioner shall remain valid for a period prescribed by rule.'
''(4) (a) Where accredited client status was conferred by the Commissioner on any applicant prior to the date the amendment to subsection (1)(a) came into effect in respect of the levels of client status, that status shall be deemed to be a ï¬rst level accredited client status.
Any application for a higher status must be in accordance with the requirements contemplated in subsection (1).''.
Amendment of section 80 of Act 91 of 1964, as amended by section 10 of Act 85 of 1968, section 27 of Act 105 of 1969, section 28 of Act 112 of 1977, section 22 of Act 86 of 1982, section 7 of Act 89 of 1984, section 12 of Act 52 of 1986, section 27 of Act 84 of 1987, section 32 of Act 59 of 1990, section 8 of Act 105 of 1992, section 8 of Act 98 of 1993, section 68 of Act 30 of 1998, section 63 of Act 53 of 1999, section 62 of Act 59 of 2000, section 148 of Act 45 of 2003, section 29 of Act 21 of 2006 and section 18 of Act 36 of 2007 37.
''(s) contravenes or fails to comply with any provision of section 39B, 39C or 39D,''.
Insertion of section 101B in Act 91 of 1964 38.
101B. (1) In this section and the rules made thereunder, unless the context otherwise indicates, the following words and phrases, and their grammatical variations where applicable, shall have the following meanings: 'Advance Passenger Information', 'airline' and 'operator' shall have the meaning assigned thereto in section 7A; 'personal information' means the personal information of a passenger prescribed by rule for the purposes of the deï¬nition of Advance Passenger Information in section 7A(1).
regulates the manner in which personal information must be processed by the Commissioner.
The Commissioner or an officer may, subject to subsection (6), obtain and use personal information only for the purpose speciï¬ed in section 7A(2).
A person acting under a delegation from or under the control or direction of the Commissioner may only process personal information with the knowledge and consent of the Commissioner and subject to the provisions of this section.
record or deal with personal information other than in the manner prescribed in this section; or further process any personal information except as authorised by this section.
the retention is for historical or statistical reasons, if the Commissioner has established appropriate safeguards against the use of such records for other purposes; or the personal information has been used to make a decision about a passenger and the record must be retained for such a period as may be reasonably required for the passenger to request access to the record.
deleted or destroyed, by the Commissioner.
to prevent an imminent and serious threat to public safety or the life or health of the passenger; or the use of the data is only for historical or statistical reasons and the Commissioner has established appropriate safeguards to ensure that any further processing is only carried out for such reasons.
ensure that the safeguards are continuously updated in established, notify that person of such compromise or suspected compromise and provide him or her with such information as may be relevant to allow the person to protect himself or herself against the potential consequences of the compromise.
The Commissioner may delay any notiï¬cation contemplated in paragraph (a), where the Commissioner determines that such notiï¬cation will impede or otherwise adversely affect any criminal investigation.
in a form that is generally understandable.
Where a passenger makes a request contemplated in paragraph (a), the Commissioner must inform the passenger that he or she may request the correction of any such information.
inform the passenger of the actions taken as a result of the request for correction.
transfer any personal information about a passenger to a foreign government other than in the manner contemplated in section 50: Provided that the Commissioner is satisï¬ed that the recipient of that information is subject to a law which effectively upholds principles for fair handling of personal information that are substantially similar to the information protection principles set out in this section.
If any person of whom personal information is held in terms of this section is dissatisï¬ed with any decision by the Commissioner or an officer in respect thereof that person may, before instituting any judicial proceedings, make use of any of the procedures contemplated in Chapter XA.
causes any personal information to be compromised as contemplated in subsection (8); or without authority gains access to personal information or interferes with the protection of personal information, shall be guilty of an offence and liable on conviction to a ï¬ne or to imprisonment for a period not exceeding ï¬ve years or to both such ï¬ne and imprisonment.''.
Amendment of section 106 of Act 91 of 1964, as amended by section 30 of Act 105 of 1969, section 35 of Act 59 of 1990 and section 66 of Act 45 of 1995 39.
''(1) An officer may on entry of any imported goods or goods for export or during the manufacture of any excisable goods, or at any time after such entry or manufacture, take, without payment, from any person in possession of such imported goods or goods for export or of any manufactured or partly manufactured excisable goods samples of such imported, manufactured or partly manufactured goods or of materials intended for the manufacture of excisable goods or of goods used under the provisions of Chapter X, for examination or for ascertaining the duties payable thereon or for such other purpose as the Commissioner may prescribe by rule, and those samples shall be dealt with and accounted for in such manner as the Commissioner may direct.''.
Amendment of section 120 of Act 91 of 1964, as amended by section 36 of Act 105 of 1969, section 35 of Act 84 of 1987, section 39 of Act 59 of 1990, section 11 of Act 19 of 1994, section 73 of Act 45 of 1995, section 74 of Act 30 of 1998, section 35 of Act 21 of 2006 and section 24 of Act 36 of 2007 40.
''(c) as to the reporting inwards and outwards of ships and aircraft (including such reporting of ships or aircraft calling or landing at places not appointed as places of entry or customs and excise airports under this Act), the entry or departure of vehicles overland, the landing, loading, removal, detention, release, examination, conveyance and handling of cargo (including transit and coastwise and transhipment cargo), goods under customs control, customs controlled areas, the control of persons (including their baggage and goods) entering or leaving the Republic, the placing into or removal from any State warehouse of goods and the removal in bond of goods;''.
Amendment of section 28 of Act 89 of 1991, as amended by section 29 of Act 136 of 1992, section 79 of Act 30 of 2000, section 44 of Act 5 of 2001, section 158 of Act 60 of 2001, section 118 of Act 74 of 2002, section 179 of Act 45 of 2003, section 37 of Act 32 of 2005 and section 32 of Act 36 of 2007 41.
''(4) (a) The Minister may, by notice in the Gazette, prescribe a date for the submission of returns and the making of payments which date may not fall on a day more than two business days prior to the date referred to in subsection (1).
The notice contemplated in paragraph (a) must be published at least 30 days prior to the date so prescribed by the Minister.''.
Amendment of section 41B of Act 89 of 1991 42.
''(i) the provisions of [sections] subsections (2)(k), (2)(l) and (5) of section 76E [(other than subsection 76E(2)(m))] and section 76F of the Income Tax Act shall not apply to any VAT class ruling or VAT ruling;''; and by the deletion of subsection (3).
Amendment of section 44 of Act 89 of 1991, as amended by section 37 of Act 97 of 1993, section 27 of Act 37 of 1996, section 42 of Act 27 of 1997, section 100 of Act 30 of 1998, section 98 of Act 53 of 1999, section 168 of Act 60 of 2001, section 88 of Act 20 of 2006 and section 36 of Act 36 of 2007 43.
a subsidiary company, as deï¬ned in section 1 of the Companies Act, 1973 (Act No. 61 of 1973), of a holding company, as deï¬ned in section 1 of the Companies Act, 1973 (Act No.
a subsidiary company, as deï¬ned in section 1 of the Companies Act, 1973 (Act No. 61 of 1973), requests that a refund or other amount be transferred to the bank account or the account with a similar institution in the Republic of another subsidiary company of its holding company, as deï¬ned in section 1 of the Companies Act, 1973 (Act No.
a holding company, as deï¬ned in section 1 of the Companies Act, 1973 (Act No. 61 of 1973), requests that a refund or other amount be transferred to the bank account or the account with a similar institution in the Republic of its subsidiary company, as deï¬ned in section 1 of the Companies Act, 1973 (Act No. 61 of 1973), the vendor must notify the Commissioner in writing and must indemnify the Commissioner against any loss by the vendor or the State as a result of such instruction.''.
Amendment of section 45 of Act 89 of 1991, as amended by section 33 of Act 136 of 1992, section 4 of Act 61 of 1993, section 5 of Act 61 of 1993, section 19 of Act 140 of 1993, section 24 of Act 20 of 1994, section 33 of Act 37 of 1996, section 43 of Act 27 of 1997, section 101 of Act 30 of 1998 and section 169 of Act 60 of 2001 44.
has not notiï¬ed the Commissioner that a refund or other amount be transferred to a bank account or an account with a similar institution other than that of the vendor as contemplated in the proviso to section 44(3)(d), the said period of 21 days shall be reckoned from the date the vendor furnishes the Commissioner with the particulars of the bank account or account with a similar institution of the enterprise or from the date the vendor has notiï¬ed the Commissioner that a refund or other amount be transferred to a bank account or an account with a similar institution other than that of the vendor;''.
Amendment of section 7 of Act 21 of 2006 45.
''(b) Paragraphs (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) and (m) of subsection (1) come into operation on a date to be ï¬xed by the President by proclamation in the Gazette.''.
Repeal of section 21 of Act 21 of 2006 46. Section 21 of the Revenue Laws Second Amendment Act, 2006, is hereby repealed.
Amendment of section 29 of Act 21 of 2006 47.
''(a) by the insertion in subsection (1) after paragraph [(r)] (s) of the following paragraph: '[(s)] (t) fails to deal with goods as contemplated in section 11(1),'; and''.
Repeal of section 35 of Act 21 of 2006 48. Section 35 of the Revenue Laws Second Amendment Act, 2006, is hereby repealed.
Amendment of section 3 of Act 26 of 2007, as amended by section 27 of Act 4 of 2008 49.
''(2) [The member or participant] Any person who has the obligation in terms of section 3 of the Securities Transfer Tax Act, 2007, to pay the tax must by the date referred to in subsection (1)[(a) and (b)] submit a declaration electronically, in the form and manner as the Commissioner may determine and containing the information prescribed by the Commissioner, stating the amount of tax (if any) payable by that [member or participant] person.''.
Subsection (1) is deemed to have come into operation on 1 July 2008 and applies in respect of the transfer of any security on or after that date.
Amendment of section 90 of Act 35 of 2007 50. Section 90 of the Revenue Laws Amendment Act, 2007, is hereby amended by the deletion in subsection (1) of paragraph (d).
This Act is called the Revenue Laws Second Amendment Act, 2008.
The amendments effected to the Income Tax Act, 1962, by this Act are, save insofar as is otherwise provided for in this Act or the context indicates otherwise, deemed for the purposes of assessments in respect of normal tax under the Income Tax Act, 1962, to have come into operation as from the commencement of years of assessment ending on or after 1 January 2009.
<fn>GOV-ZA.3178518En.2012-02-10.en.txt</fn>
No. 50 of 2008: General and Further Education and Training Quality Assurance Amendment Act, 2008.
<fn>GOV-ZA.3178619En.2012-02-10.en.txt</fn>
No. 53 of 2008: National Radioactive Waste Disposal Institute Act, 2008.
<fn>GOV-ZA.3178720En.2012-02-10.en.txt</fn>
No. 55 of 2008: General Laws (Loss of Membership of National Assembly, Provincial Legislature or Municipal Council) Amendment Act, 2008.
<fn>GOV-ZA.3178821En.2012-02-10.en.txt</fn>
No. 58 of 2008: Provision of Land and Assistance Amendment Act, 2008.
<fn>GOV-ZA.3178922En.2012-02-10.en.txt</fn>
No. 62 of 2008: National Environmental Management Amendment Act, 2008.
<fn>GOV-ZA.3179023En.2012-02-10.en.txt</fn>
No. 63 of 2008: Tobacco Products Control Amendment Act, 2008.
<fn>GOV-ZA.3179En.2012-02-10.en.txt</fn>
I would like to take this opportunity to welcome you to South Africa and to Africa.
<fn>GOV-ZA.31841110En.2012-02-10.en.txt</fn>
ElECTRONIC COMMUNICATIONS ACT, ZOOS (ACT NO.
The Independent Communications Authority of South Africa has, under section 4(1) of the Electronic Communications Act, 2005 (Act No. 36 of 2005) read with section 4(3)(j) of the Independent Communications Authority of South Africa Act, 2000 (Act No. 13 of 2000), made the regulations in the schedule.
In these regulations "the Regulations" means the regulations published by Government Notice No. 1419 of 14 November 2008.
"Election Broadcast Period" means the period within which. party election broadcasts may be transmitted; such period commencing 120 hours after the allotment of time-slots by ICASA and ending 48 hours before polling commences.
These regulations will come into force upon publication in the Government Gazette.
Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85.
<fn>GOV-ZA.3185784En.2012-02-10.en.txt</fn>
No. 57 of 2008: South African Police Service Amendment Act, 2008.
<fn>GOV-ZA.31864149En.2012-02-10.en.txt</fn>
The Department of Home Affairs ("DHA") invites public comments on the draft Marriage Arrendment Bill of 2009.
Wrtten submissions should reach the DHA on or before 13 March 2009.
An,{ enquiries should be directed to Adv Tsietsi Sebelemetja at (012) 810-8031 and Agnes Lengoabala (012) 8107142.
To amend the Marriage Act, 1961, so as to insert, amend and delete certain definitions; to provide for the designation of ministers of religion and other persons attached to religious denomination or organization as marriage officers; to align the provisions of the Act with other legislation; to provide for the repeal of certain sections; to effect certain technical corrections and to provide for matters connected therewith.
Amendment of section 1 of Act 25 of 1961 1. Section 1 of the Marriage Act, 1961 (Act No.
the insertion before the definition of "Commissioner" of the following definition: ""Children's Act" means the Children's Act. 2005 (Act No.
the insertion after the definition of "Commissioner" of the following definitions: ""Civil Union Act" means the Civil Union Act, 2006 (Act No. 17 of 2006); "Department" means the Department of Home Affairs; "Identification Act" means the Identification Act, 1997 (Act No.
the insertion after the definition of "magistrate" of the following definition: ""marriage".
the insertion after the definition of "prior law" of the following definition: ""Recognition of Customary Marriages Act" means the Recognition of Customary Marriages Act. 1998 (Act No. 120 of 1998);".
Substitution of section 2 of Act 25 of 1961 2.
Every magistrate[,] and every [special] justice of the peace [and every Commissioner] contemplated in section 4 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act No. 16 of 1963) shall by virtue of his or her office and so long as he or she holds such office, be a marriage officer for the district or other area in respect of which he or she holds office.
The Minister [and any officer in the public service authorized thereto by himl may designate any officer or employee in the public service or the diplomatic or consular service of the Republic to be, by virtue of his or her office and so long as he or she holds such office, a marriage officer, either generally or for any specified class of persons .. [or] country or area.
Insertion of section 2A in Act 25 of 1961 3.
2A. The Minister may. in writing and subject to any condition he or she may impose, delegate any power conferred on him or her by this Act, excluding the power conferred by section 38, to a person in the services of the Department. but shall not be divested of any power so delegated and may set aside or amend any decision made in the exercise of such delegates power.
Substitution of section 3 of Act 25 of 1961 4.
Any religious denomination or organization may apply in writing to the Minister to be designated as a religious organization that may solemnize marriages in terms of this Act.
The Minister may designate such a religious denomination or organization as a religious institution that may solemnize marriages under this Act and must, from time to time, publish particulars of all religious institutions so designated in the Gazette.
for a specified period.
The Minister and any officer in the public service authorised thereto by him or her may, upon receiving a written request from any minister of religion or any person holding a responsible position in any designated religious institution, designate such person to be, as long as he or she is such a minister or occupies such position, a marriage officer for the purpose of solemnizing marriages in accordance with this Act and according to the rites of that religion.
Every designation of a person as a marriage officer under subsection (5) shall be by written instrument and the date as from which it shall have effect and any limitation to which it is subject shall be specified in such instrument.
The Minister and any officer in the public service authorised thereto by him or her may, upon receiving a written request from a person designated as a marriage officer under subsection (5), revoke, in writing, the designation of such person as a marriage officer for purposes of solemnizing marriages under this Act.
Repeal of section 4 of Act 25 of 1961 5. Section 4 of the principal Act is hereby repealed.
Substitution of section 6 of Act 25 of 1961 6.
Whenever any person has acted as a marriage officer during any period or within any area in respect of which he Qr she was not a marriage officer under this Act or any prior law, and the Minister [or any officer in the public service authorized thereto by the Minister] is satisfied that such person did so under the bona fide belief that he or she was a marriage officer during that period or within that area, [he] the Minister may direct in writing that such person shall for all purposes be deemed to have been a marriage officer during such period or within such area, duly designated as such under this Act or such law, as the case may be.
Whenever any person has acted as a marriage officer during any period or within any area in respect of which he or she was not a marriage officer under this Act or any prior law, and the Minister or any officer in the public service authorized thereto by the Minister is satisfied that such person did so under the bona fide belief that he or she was a marriage officer during that period or within that area, [he] the Minister may direct in writing that such person shall for all purposes be deemed to have been a marriage officer during such period or within such area, duly designated as such under this Act or such law, as the case may be.
Any marriage solemnized by any person who is in terms of this section [to be] deemed to have been duly designated as a marriage officer shall, provided such marriage was in every other respect solemnized in accordance with the provisions of this Act or any prior law, as the case may be, and there was no lawful impediment thereto, be as valid and binding as it would have been if such person had been duly deSignated as a marriage officer.
STAATSKOERANT, 13 FEBRUARIE 2009 No.
Nothing contained in this section [contained] shall be construed as relieving any person in respect of whom a direction has been issued thereunder, from the liability to prosecution for any offence committed by him or her.
Repeal of section 7 of Act 25 of 1961 7. Section 7 of the principal Act is hereby repealed.
Substitution of section 8 of Act 25 of 1961 8.
If a religious denomination or organization changes the name by which it was known, amalgamates with any other religious denomination or organization, or changes its objects or if there is a material change in its circumstances, it shall immediately advise Minister thereof.
Substitution of section 9 of Act 25 of 1961 9.
the marriage officer is for any other reason not entitled to such designation.
The Minister may on good cause, in writing, limit the authority of a marriage officer or class of marriage officers to the extent to which the Minister deems fit.
no longer desires that person to be designated as a marriage officer, in writing of the proposed revocation and the grounds founding it, and afford them sufficient opportunity to show cause why such action should not be taken.
Substitution of section 10 of Act 25 of 1961 10.
shall solemnize any such marriage in accordance with the provisions of this Act.
Any marriage so solemnized shall for all purposes be deemed to have been solemnized in the province of the [Union] Republic in which [the male] either party thereto is domiciled.
Repeal of section 11 of Act 25 of 1961 11. Section 11 of the principal Act is hereby repealed.
Substitution of section 12 of Act 25 of 1961 12.
12.(1) No marriage officer shall conduct a marriage unless each of the parties in question produces to the marriage officer his or her identity document issued under the provisions of the Identification Act, 1997 (Act No.
his or her original birth certificate issued under the Births and Deaths Registration Act, 1992 (Act No.
proof of his or her application for identity document.
a prescribed affidavit sworn to before an officer of the Department, and where such foreigner is a refugee, he or she must furnish to the marriage officer his or her original identity document issued in terms of the Refugees Act, 1998 (Act No. 130 of 1998).
Insertion of section 12A in Act 25 of 1961 13.
12A. (1) A person may only be a spouse in one marriage at any given time.
submit to, a letter issued by the relevant authorities in his or her country of birth as proof of no lawful impediment, the Director-General 30 days prior to the date of the intended marriage.
A person in a marriage under this Act may not conclude a civil union under the Civil Union Act or a marriage under the Recognition of Customary Marriages Act.
The provisions of subsection (3) shall not apply to a man and a woman married under the Recognition of Customary Marriages Act who are neither spouses in any other subsisting customary marriage with any other person.
married under this Act, must present a certified copy of the divorce order or death certificate of the former civil union partner or spouse, as the case may be, to the marriage officer as proof that the previous civil union or marriage has been terminated.
Repeal of section 22 of Act 25 of 1961 14. Section 22 of the principal Act is hereby repealed.
Amendment of section 23 of Act 23 of 1961 15.
(2) Upon receipt of any such objection the marriage officer concerned shall inquire into the grounds of the objection and if he or she is satisfied that there is no lawful impediment to the proposed marriage, [he] the marriage officer may solemnize the marriage [in accordance with the provisions of this Act].
If [he] the marriage officer is not so satisfied~ he or she shall refuse to solemnize the marriage and record the reasons for such refusal in writing.
Amendment of section 24 of Act 25 of 1961 16.
(2) For the purposes of subsection (1)J. a minor does not include a person who is under the age of [twenty-one] eighteen years and who previously contracted a valid marriage which has been dissolved by death or divorce.
Substitution, of section 24A of Act 25 of 1961 17.
Substitution of section 25 of Act 25 of 1961 18.
[A commissioner of child welfare] The presiding officer of a children's court shall, before granting his or her consent to a marriage under subsection (1), enquire whether it is in the interests of the minor in question that the parties to the proposed marriage should enter into an antenuptial contract, and if he or she is satisfied that such is the case, he or she shall not grant his or her consent to the proposed marriage before such contract has been entered into, and shall assist the said minor in the execution of the said contract.
A contract so entered into shall be deemed to have been entered into with the assistance of the parent or guardian of the said minor.
If the parent, guardian or [commissioner of child welfare] presiding officer in question refuses to consent to a marriage of a minor, such consent may on application be granted by a judge of the [Supreme] High Court of South Africa: Provided that such a judge shall not grant such consent unless he or she is of the opinion that such refusal of consent by the parent, guardian or [commissioner of child welfare] presiding officer is without adequate reason and contrary to the interests of such minor.
Amendment of section 26 of Act 25 of 1961 19.
"(1) No [boy under the age of 18 years and no girl under the age of 15 years] person under the age of 15 years shall be capable of contracting a valid marriage except with the written permission of the Minister or any officer in the public service authorized thereto by him or her, which he or she may grant in any particular case in which he or she considers such marriage desirable: Provided that such permission shall not relieve the parties to the proposed marriage from the obligation to comply with all other requirements prescribed by law: Provided further that such permission shall not be necessary if by reason of any such other requirement the consent of a judge or court having jurisdiction in the matter is necessary and has been granted.".
Substitution of section 27 of Act 25 of 1961 20.
If parties appear before a marriage officer for the purpose of contracting a marriage with each other and such marriage officer reasonably suspects that either of them is of an age which debars him or her from contracting a valid marriage without the consent or permission of some other person, [he] that marriage officer may refuse to solemnize a marriage between them unless he or she is furnished with such consent or permission in writing or with satisfactory proof showing that the party in question is entitled to contract a marriage without such consent or permission.
Amendment of section 28 of Act 25 of 1961 21.
"[Any legal provision to the contrary notwithstanding] It shall be lawful for-".
Amendment of section 29 of Act 25 of 1961 22.
118 No. 31864 GOVERNMENT GAZETTE, 13 FEBRUARY 2009 in such other place by reason of the serious or longstanding illness of, or serious bodily injury to, one or both of the parties.
the repeal of subsection (3).
Amendment of section 29A of Act 25 of 1961 23.
"(2) The marriage officer shall forthwith transmit the marriage register and records concerned. as the case may be, to a regional or district representative [designated as such under section 21(1) of the Identification Act, 1986 (Act No. 72 of 1986)] of the Department in whose region or district the marriage was solemnized."; and.
m Upon receipt of the said register and records the regional or district representative, as the may be. shall cause the particulars of the marriage to be included in the population register in accordance with the provisions of the Identification Act.
ffi A marriage certificate issued in the prescribed manner shall be prima facie proof of the existence of the marriage and of the particulars contained in the certificate.
Amendment of section 30 of Act 25 of 1961 24.
{Ql owing to the physical disability of one or both of the parties, but such marriage has in every other respect been solemnized in accordance with the provisions of this Act or, as the case may be, a former law, that marriage shall, provided there was no other lawful impediment thereto [and provided further that such marriage, if it was solemnized before the commencement of the Marriage Amendment Act, 1970 (Act No. 51 of 1970), has not been dissolved or declared invalid by a competent court and neither of the parties to such marriage has after such marriage and during the life of the other, already lawfully married another], be as valid and binding as it would have been if the said provisions had been strictly complied with.
Substitution of section 31 of Act 25 of 1961 25.
Nothing contained in this Act [contained] shall be construed so as to compel a marriage officer who is a minister of religion or a person holding a responsible position in a religious denomination or organization to solemnize a marriage which would not conform to the rites, formularies, tenets, doctrines or discipline of his or her religious denomination or organization.
Repeal of section 32 of Act 25 of 1961 26. Section 32 of the principal Act is hereby repealed.
Substitution of section 34 of Act 25 of 1961 27.
the acceptance by [a person] a minister of religion or a person holding a responsible position in a religious denomination or organization of a fee ordinarily charged by such religious denomination or organization in terms of the rules and regulations of such religious denomination or organization, for the blessing of any marriage QLQy reason of any such thing done by him in terms of a prior law[.
[provided] Provided the exercise of such authority is not in conflict with the civil rights and duties of any person.
Insertion of section 34A in Act 25 of 1961 28.
34A. (1) Any marriage officer who purports to solemnize a marriage which he or she is not authorised under this Act to solemnize or which to his or her knowledge is legally prohibited, and any person not being a marriage officer who purports to solemnize a marriage, shall be guilty of an offence.
Any marriage officer, except a marriage officer who is a minister of religion or any person holding a responsible position in any designated religious denomination or organization designated in terms of section 3(5) of this Act, who demands or receives any fee, gift or reward for or by reason of anything done by him or her as marriage officer in terms of this Act, shall be guilty of an offence.
Any marriage officer who knowingly solemnizes a marriage in contravention of the provisions of this Act, shall be guilty of an offence.
Any person who, for the purposes of this Act, makes any false representation or false statement knowing it to be false, shall be guilty of an offence and liable, upon conviction, to the penalties prescribed by law for perjury.
Repeal of sections 35, 36, and 37 of Act 25 of 1961 29. Sections 35, 36 and 37 of the principal Act are hereby repealed.
Substitution of section 38 of Act 25 of 1961 30.
generally, any matter which by this Act is required or permitted to be prescribed or which he or she considers necessary or expedient to prescribe in order that the purposes of this Act may be achieved or that the provisions of this Act may be effectively administered.
of a fine not exceeding the amount that, in terms of the Adjustment of Fines Act, 1991 (Act No.
in lieu of payment of a fine referred to in paragraph (a), of imprisonment for a period not exceeding 12 months.
Subject to the provisions of subsections (2) and (3), the laws specified in the Schedule are hereby repealed to the extent set out in the third column thereof.
The provisions of this Act shall not affect anything done or omitted in terms of the principal Act before the date of commencement of this Act.
Anything done under the provisions of the principal Act prior to the commencement of this Act, which can be done under the principal Act as amended by this Act, shall be deemed to have been done under the principal Act as amended by this Act.
Anything done under any law repealed by subsection (1) shall be deemed to have been done under the corresponding provision of the principal Act if any.
The principal Act is hereby amended by the substitution for the words "he", "him", "his" and "Union" wherever they occur of the words "he or she", "him or her", "his or her" and "Republic" respectively.
This Act is called the Marriage Amendment Act, 2009, and comes into operation on a date determined by the President by proclamation in the Gazette.
<fn>GOV-ZA.31864150En.2012-02-10.en.txt</fn>
The Minister of Transport hereby intends to repeal obsolete legislations listed in the attached Transport Acts Repeal Bill, 2009 for comments.
Interested parties are requested to forward their comments to the Director-General Department of Transport within 30 days from the date of publication.
IAct 48 of 1957 ! Merchant Shipping (Certificates of Competency) Amendment Act, 1957 !
Act 5 of 1965.
The laws specified in the First Schedule are hereby repealed.
The laws specified in the Second Schedule are hereby repealed to the extent set out in the third column of that Schedule.
Railways and Harbours Acts Amendment Act, 1973  !
Railways and Harbours Acts Amendment Act, 1979  !
Sections 1 and 2(1) Superannuation Fund Acts Amendment I and (2).
Section 1 (1) and (2).
"widow annuitant". '·----.----+----------.-------+-:::--..
~ct 44 of 1959 Railways and Harbours Acts Amendment Delete references.
Act, 1959 h-_I Act, 1963 _.
Act 8 of 1968 ----~-Raifways and HarboursActs Amendment 1 Section 9 Act, 1968 , ~:of 1969.
Second Railways Construction Act 58 of 1963 41.
43. Railways §lnd Harbours Acts Amendment Act 54 of 1964 04. Railway Construction Act 5 of 1965 ,45.
48. Advertising on Roads and Ribbon Development Amendment Act 16 of 1966 r=·49...
50. Railways and Harbours Acts Amendment Act 18 of 1966 []L Railways and Harbours Acts Amendment Act 8 of 1968 · 52. Railway Construction Act 38 of 1968 53. Railways and Harbours Acts Amendment Act 32 of 1969 54. Second Railways and Harbours Acts Amendment Act 41 of 1969 I 55. Merchant Shipping Amendment Act 42 of 1969 6. ! Aviation Amendm~!]t Act~ ()f 1969_ .__ .... 5I:__. Railways and Harbours Acts Amendment Act 57 of 197<2.._. 58 . R '1 d HAd A 24 f ?
Transport (Co-ordination) Amendment Act 59 of 1971 3. Second Railway Construction Act 83 of 1971 · 6·+.
Civil Aviation Offences Act 10 of 1972 Black Transport Services Amendment Act 11 of 19I2=--1 3.
I 77~~·.· ! Railway Construction Act 71 of 1973 -------------1 . , Merchant Shipping Amendment Act 24 of 1974 6. Railways and Harbours Act Amendment Act 44 of 197 4.?
n. I Railways and Harbours Pensions Further Amendment Act 45 of 19::..
National Road Safety Amendment Act 46 of 1974 ---------i~7H. Black Transport Services Amendment Act 47 of 1974 ~o_._-+-R-:-a_ilIoYays and Harbours Acts Amendment Act 46 gf 1975 !
_~_Merchant Shipping Amendment Act 5 of 1976 .~ , Advertising on Roads and Ribbon Development Amendment Act 6 of 1976 ~ Railways and HarboYfs Acts Amendment Ac:;t 8 of 197§. ____.....
Railway and Harbour Purchase Amendment Act 97 of 1977 I 95.
Civil Aviation Offences Amendment Act 63 of 197896.
National Road Safety Amendment Act 16 of 1980 103. , Aviation Amendment Act 64 of 1980 I 104.
Railway Construction Act 65 of 1980 I 105.
Road Transportation Amendment Act 91 of 1980 106.
Merchant Shipping Amendment Act 3 of 1981 I 109.
Civil Aviation Offences Amendment Act 4 of 1981 I 110.
Railways and Harbours Acts Amendment Act 29 of 1981111.
Railway Construction Act 30 of 1981 I 113.
Second Railways and Harbours Acts Amendment Act 60 of 1981114.
Second Railway Construction Act 61 of 1981115.
Aviation Amendment Act 63 of 1981116.
Road Transportation Amendment Act 64 of 1981117.
Merchant Shipping Amendment Act 3 of 1982 119.
South African Transport Services Amendment Act 6 of 1982120.
Railways Construction Act 7 of 1982 122. Second Railway Construction Act 75 of 1982 I 123.
Black Transport Services Amendment Act 76 of 1982 I 124. Trans~ort Services for Coloured Persons and Indians Amendment Act 77 of 1982 125.
Transport Services Unauthorized Expenditure Act 79 of 1982126.
Marine Traffic Amendment Act 5 of 1983 128. ~Transportation Amendment Act 8 of 1983 129.
Transport Services Unauthorized Expenditure Act 80 of 1983130.
Aviation Amendment Act 1 of 1984131.
South African Transport Services Amendment Act 5 of 1984132.
International Convention for Safe Containers Act 11 of 1985 (partly) 134.
South African Transport Services Amendment Act 44 of 1985137.
Merchant Shipping Amendment Act 3 of 1989 L150.
South African Maritime Safety Authority Act 5 of 1998 I I 187. . South African Maritime Safety Authority Levies Act 6 of 1998 188.
Transport A22eal Tribunal Act 39 of 1998 I 191.
South African Civil Aviation Authority Act 40 of 1998 I 192.
South African Civil Aviation Authority Levies Act 41 of 1998 !
Road Transport Appeal Matters Amendment Act 70 of 1998 I 199.
Road Accident Fund Commission Act 71 of 1998 I I 200.
I Administrative Adjudication of Road Traffic Offences Amendment Act 22 of 1999 I 204.
South African Rail Commuter Corporation Limited Financial Arrangements Act 64 of 2000 l 210. Sea Transport Documents Act 65 of 2000 212. ad Accident Fund Amendment Act 15 of 2001 213. National Land Trans2ort Transition Amendment Act 31 of 2001 214. ! National Railway Safety Regulator Act 16 of 2002 211. +~~orts Company Amendment Act 14 of 2001 215. Road Accident Fund Amendment Act 43 of 2002 216. South African Maritime and Aeronautical Search and Rescue Act 44 of 2002 217. Administrative Adjudication of Road Traffic Offences Amendment Act 72 of 2002 218. National Road Traffic Amendment Act 20 of 2003 2 Short title and commencement This Act shall be called the Transport Acts Repeal Act, and comes into operation on a date determined by the President by proclamation in the Gazette.
<fn>GOV-ZA.3189En.2012-02-10.en.txt</fn>
An abridged death certificate is issued on the same day that the application is received.
The Member of Executive Council (MEC) for Agriculture Mme Dikeledi Magadzi will on 21 August launch the Tswelopele irrigation scheme in Greater Tubatse municipality, in Sekhukhune district.
<fn>GOV-ZA.31906189En.2012-02-10.en.txt</fn>
STAATSKOERANT, 16 FEBRUARIE 2009 No.
The Electoral Commission hereby gives notice that it has in terms of section 20 of the Electoral Act, 1998, compiled the election timetable set out below to apply to the election of the National Assembly that will be held on 22 April 2009 (A reference to 'section' in this election timetable is a reference to that section of the Electoral Act, 1998 and a reference to "regulation" is a reference to that regulation in the Election Regulations, 2004.
1 An act required in terms of the Electoral Act, 1998 and the Election Regulations, 2004, to be performed by not later than a date stated in the election timetable must be performed before 17:00 on that date.
Notice that list of addresses of voting stations is available for inspection.
2 The Chief Electoral Officer must give notice by 20 February 2009 that from the date of the notice until the voting day copies of a list containing the addresses of all voting stations will be available for inspection.
3 The Chief Electoral Officer must give notice by 20 February 2009 of the route, including the locations and estimated times of stopping of each mobile voting station.
4 By 20 February 2009, the Chief Electoral Officer must publish the voters' roll or the segments of the voters' roll to be used in this election in terms of section 24(2).
5 Registered parties that intend to contest this election must nominate and submit a list of their candidates for the election to the chief electoral officer in the prescribed manner by 2 March 2009 at 17hOO.
6 (1) The chief electoral officer must notify a registered party that has submitted a list of candidates in terms of section 27 but has not fully complied with that section, of that non-compliance by 6 March 2009.
If the notified party takes the opportunity to comply with section 27, that party must do so by 10 March 2009.
Cut-off date for objections to a candidate 8 Any person, including the chief electoral officer, may object to a candidate to the Commission in the prescribed manner by 18 March 2009. Decision of objections to a candidate 9 The Commission must decide an objection under section 30, and must notify the objector and the registered party that nominated the candidate of the decision in the prescribed manner by 23 March 2009.
10 The objector or the registered party who nominated the candidate may appeal against a decision of the Commission made in terms of section 30(3) to the Electoral Court in the prescribed manner by 26 March 2009.
11 The Electoral Court must consider and decide an appeal brought under section 304} and notify the parties to the appeal, and the chief electoral officer, of the decision in the prescribed manner by 31 March 2009.
STAATSKOERANT, 16 FEBRUARIE 2009 NO.31906 a) Must give effect to a decision of the Commission in terms of section 30(3) or a decision of the Electoral Court in terms of section 30(5); and b) Must compile a list of the registered parties entitled to contest the election and the final list of candidates for each of those parties.
13 By 7 April 2009, the chief electoral officer must issue in the prescribed manner to each candidate on a final list of candidates a certificate stating that the person is a candidate in this election.
14 A person who wants to apply to the municipal electoral officer for a special vote in terms of section 33 (1) (a) read with regulation 7 and 8, may do so by 14 April 2009.
15 A person who wants to apply and cast a special vote at a foreign mission in terms of section 33 (1) (b) or (e), read with regulation 9 and 11. may do so on 15 April 2009 during office hours of that mission.
Presiding Officer for visitation by voting officers to cast a special vote in terms of section 33 (1) (a) read with regulation 7. may do so on 20 April 2009 between 09hOO and 17hOO.
17 A person who has applied for a special vote in terms of section 33 (1) (a) may be visited by voting officers on 20 April 2009 or 21 Aprif 2009.
Application for casting of special votes at the Office of the Presiding Officer.
18 A person who wants to apply for and cast a special vote at the Office of the Presiding Officer in terms of section 33 (1) (c), (d) or (e) read with regulation 7, 10 and 13, may do so on 20 April 2009 or 21 April 2009 between 9hOO and 17hOO.
<fn>GOV-ZA.31907165En.2012-02-10.en.txt</fn>
Vol. 524 Cape Town 17 February 2009 No.
No. 64 of 2008: National Road Traffic Amendment Act, 2008.
To amend the National Road Traffic Act, 1996, so as to insert certain deï¬nitions and to amend others; to prohibit the unauthorised use of an authorised officer's infrastructure number; to provide for visible display of nametags by traffic officers; to prohibit the impersonation of traffic officers and the wearing of a traffic officer's uniform without official written permission; to create new offences; to empower the Minister to prescribe training procedures and qualiï¬cations of persons appointed as national inspectors at driving licence testing centres and testing stations; to make new provision regarding the process by which driving licences are issued; to recognise documents relating to roadworthiness issued in a prescribed territory; to empower the Minister to prescribe the manner and form of accident reporting; to provide for circumstances when emergency vehicles may ignore road traffic signs and speed limits; to provide for liability of managers, agents and employees; to empower the MEC to set fees; to delete obsolete provisions; and to provide for matters connected therewith.
Amendment of section 1 of Act 93 of 1996, as amended by section 1 of Act 8 of 1998 and section 1 of Act 21 of 1999 1.
Management Corporation Act, 1999 (Act No.
by the insertion after the deï¬nition of ''rescue vehicle'' of the following deï¬nitions: '' 'reserve traffic officer' means a person who complies with the requirements of section 3D and is registered as a traffic officer in terms of section 3C or any person who is a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and has been appointed as a reserve traffic officer by the chief executive officer or the MEC, as the case may be, on a temporary basis for a speciï¬c period; 'reserve traffic warden' means a person who has been declared a peace officer by the Minister of Justice in terms of section 334 of the Criminal Procedure Act, 1977 (Act No.
by the insertion after the deï¬nition of ''traffic officer'' of the following deï¬nition: '' 'traffic warden' means a person who has been declared by the Minister of Justice to be a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (Act No.
not to carry any load other than that imposed by a semi-trailer or by ballast, but does not include a tractor or a haulage tractor;''.
''(3) (a) No person shall be appointed under subsection (1) as an authorised officer unless he or she has been graded and registered in the prescribed manner [: Provided that any].
Any person who is not so graded and registered may be appointed once on probation as an authorised officer for a period not exceeding 12 months or for [the] such further period [approved by] as the MEC [on the understanding that it is] may approve.
It must be a condition of appointment that [such] the person appointed on probation must during [that] such probation period [complies] comply with the competency and registration requirements prescribed for the speciï¬c [appointment] category of appointment.
A person appointed under paragraph (b) may not use an authorised officer's infrastructure number to certify a vehicle tested by such person.'
''(7) A traffic officer shall at all times when wearing a full or partial traffic officer's uniform, display his or her official name tag above the right breast pocket of his or her uniform in such a manner that it is completely visible and easily legible.''.
Amendment of section 3K of Act 93 of 1996, as inserted by section 2 of Act 21 of 1999 3.
''(1) Any person who is not an authorised officer or a peace officer shall not act in a way that may create an impression that he or she is an authorised officer or a peace officer or pretend by way of word, action, conduct or demeanour[, pretend] that he or she is an authorised officer or peace officer.'
''(3) A person who is not duly appointed as a traffic officer under this Act, may not wear a traffic officer's uniform, any part of such uniform or any other garment or badge that distinguishes such person as a traffic officer without the written permission of the enforcement authority.
Notwithstanding subsection (3), the Minister or MEC, as the case may be, may, if accompanied by law enforcement officials, wear a traffic officer's uniform.''.
Amendment of section 4 of Act 93 of 1996, as substituted by section 3 of Act 21 of 1999 4.
''(3) No person shall operate a motor vehicle on a public road unless such motor vehicle is registered and licensed in accordance with this Act.''.
Amendment of section 8A of Act 93 of 1996, as inserted by section 6 of Act 21 of 1999 5.
''(1) Any [person,] department of State or registering authority desiring to operate a driving licence testing centre shall in the prescribed manner apply to the inspectorate of driving licence testing centres for the registration of such testing centre.'
''(3) No department of State or registering authority shall operate a driving licence testing centre unless such testing centre is registered and graded in accordance with this Act.''.
''(4) The Minister shall prescribe the training procedures and qualiï¬cations of a person appointed under subsection (1).''.
Amendment of section 17 of Act 93 of 1996 7.
''(2) Upon receipt of an application in terms of subsection (1), the driving licence testing centre concerned shall, if it is satisï¬ed from the information furnished [in the application] or from such further information as such centre may reasonably request, that the applicant is not disqualiï¬ed from obtaining a learner's licence, determine a day on and time at which the applicant shall present himself or herself to be [examined and tested by an examiner for driving licences] evaluated in the manner and in respect of the matters [as] prescribed.
in the case where the applicant is a physically disabled person who has to drive a vehicle adapted for physically disabled persons, or a vehicle adapted speciï¬cally for that physically disabled applicant, endorse the licence accordingly.'
''(5) Any applicant for a learner's licence who makes use of any unauthorised aid during a test for a learner's licence shall be guilty of an offence and upon conviction shall be liable, in addition to any other sentence which the court may impose, to be disqualiï¬ed from reapplying for a learner's licence for a period not exceeding 12 months from the date of conviction.
If the court makes an order disqualifying the applicant from reapplying for a learner's licence, and the State leads evidence to the effect that the applicant has obtained a learner's licence in the meanwhile, the court shall require the accused to produce any such licence and shall deal with it in the manner contemplated in section 34(1)(b).''.
Amendment of section 18 of Act 93 of 1996, as amended by section 12 of Act 21 of 1999 and section 1 of Act 20 of 2003 8.
''(5A) Any applicant for a driving licence who makes use of any unauthorised aid during a test for a driving licence shall be guilty of an offence and upon conviction shall be liable, in addition to any other sentence which the court may impose, to be disqualiï¬ed from reapplying for a driving licence for a period not exceeding 12 months from the date of conviction.
If the court makes an order disqualifying the applicant from reapplying for a driving licence, and the State leads evidence to the effect that the applicant has obtained a driving licence in the meanwhile, the court shall require the accused to produce any such licence and shall deal with it in the manner contemplated by section 34(1)(b).'
a spouse of a person referred to in subparagraphs (ii) and (iii),''.
Amendment of section 20 of Act 93 of 1996 9.
the holder is not disqualiï¬ed as contemplated in section 15(1)(f), authorise and issue a driving licence in the manner prescribed in section 18(4) to the applicant and, if applicable, endorse such driving licence in accordance with section 18(4).''.
Substitution of section 21 of Act 93 of 1996, as substituted by section 14 of Act 21 of 1999 10.
Notwithstanding anything to the contrary contained in this Act [the chief executive officer may, whenever he or she deems it necessary, direct where and by which examiner for driving licences] an applicant for a learner's or a driving licence shall [be examined and tested, and at which driving licence testing centre such applicant may apply for a driving licence] apply to be evaluated at any driving licence testing centre.''.
Amendment of section 27 of Act 93 of 1996, as amended by section 16 of Act 21 of 1999 11.
''(ii) notify the authority which issued the licence [or, in the case where it is contained in an identity document, the Director-General of Home Affairs] accordingly.''.
Amendment of section 35 of Act 93 of 1996 12.
''(3) If a court convicting any person of an offence referred to in subsection (1), is satisï¬ed, after the presentation of evidence under oath, that circumstances relating to the offence exist which do not justify the suspension or disqualiï¬cation referred to in subsection (1) or (2), respectively, the court may, notwithstanding the provisions of those subsections, order that the suspension or disqualiï¬cation shall not take effect, or shall be for such shorter period as the court may [deem] consider ï¬t.''.
Amendment of section 41 of Act 93 of 1996, as substituted by section 22 of Act 21 of 1999 13.
determine the criteria with which an authority or a body established as an inspectorate in terms of subsection (1) must comply.''.
Amendment of section 42 of Act 93 of 1996, as substituted by section 6 of Act 8 of 1998 14.
or (3), as the case may be.''.
Amendment of section 58 of Act 93 of 1996 15.
Police Service Act, 1995 (Act No. 68 of 1995), who drives a vehicle in the carrying out of his or her duties or any person issued with the necessary authorisation and driving a vehicle [while engaged in civil 10 protection as contemplated in any ordinance made in terms of section 3 of the Civil Protection Act, 1977 (Act No.
in the case of any such ï¬re-ï¬ghting vehicle, ï¬re-ï¬ghting response vehicle, rescue vehicle, emergency medical response vehicle, ambulance or any vehicle driven by a person [while he or she is so engaged in civil protection,] issued with the 20 necessary authorisation, such vehicle shall be ï¬tted with a device capable of emitting a prescribed sound and with an identiï¬cation lamp, as prescribed, and such device shall be so sounded and such lamp shall be in operation while the vehicle is driven in disregard of the road traffic sign.''.
Substitution of section 60 of Act 93 of 1996 16.
ï¬re-ï¬ghting vehicle, a ï¬re-ï¬ghting response vehicle, a rescue vehicle, an 30 emergency medical response vehicle or an ambulance who drives such vehicle in the carrying out of his or her duties, a traffic officer or a person appointed in terms of the South African Police Service Act, 1995 Act No.
[while engaged in civil protection as contemplated in any ordinance made in terms of section 3 of the Civil Protection Act, 1977 (Act No.
in the case of any such ï¬re-ï¬ghting vehicle, ï¬re-ï¬ghting response vehicle, rescue vehicle, emergency medical response vehicle, ambu lance or any vehicle driven by a person [while he or she is so engaged in civil protection,] issued with the necessary authorisation, such vehicle shall be ï¬tted with a device capable of emitting a prescribed 45 sound and with an identiï¬cation lamp, as prescribed, and such device shall be so sounded and such lamp shall be in operation while the vehicle is driven in excess of the applicable general speed limit.''.
Amendment of section 61 of Act 93 of 1996 17.
not, except on the instructions of or when administered by a medical practitioner in the case of injury or shock, take any intoxicating liquor or drug having a narcotic effect unless he or she has complied with the provisions of paragraph (f), where it is his or her duty to do so, and has been examined by a medical practitioner if such examination is required by a traffic officer.''.
Amendment of section 68 of Act 93 of 1996, as substituted by section 12 of Act 8 of 1998 18.
be in possession of such certiï¬cate, licence or other document which has been falsiï¬ed or counterfeited or so replaced, altered, defaced or mutilated or to which anything has been so added[.
produce any document to be used for the purposes of this Act which differs in format or in content from a document prescribed under this Act.''.
Insertion of sections 74A and 74B in Act 93 of 1996 19.
that such act or omission did not fall within the scope of the authority of or in the course of the employment of such manager, agent or employee, and be liable to be convicted and sentenced in respect thereof.
In the circumstances contemplated in subsection (1) the conviction of the consignor or consignee shall not absolve the manager, agent or employee in question from liability or criminal prosecution.
74B. (1) In any prosecution under this Act, a goods declaration or any other document relating to the load of a vehicle and conï¬scated from such vehicle shall be proof of the matters stated in such document unless credible evidence to the contrary is adduced.
A copy of or extract from any document referred to in subsection (1), and certiï¬ed as a true copy or extract by the officer in whose custody the original document is, shall, unless credible evidence to the contrary is adduced, be admissible as evidence and be proof of the truth of all matters stated in such document without the requirement of having to produce the original document from or of which such extract or copy was made.''.
Amendment of section 75 of Act 93 of 1996, as amended by section 13 of Act 8 of 1998 and section 31 of Act 21 of 1999 20.
by the substitution in subsection (1) for paragraph (b) of the following paragraph: ''(b) the identiï¬cation of vehicles or parts of vehicles and, in relation to a motor vehicle, the size and shape of the [registration] licence mark or number to be displayed in terms of this Act and the means to be applied to validate such mark or number and to render any such mark or number easily distinguishable, whether by night or by day, when any such vehicle is operated on a public road.'
measures to limit speed; and (zF) those vehicles which shall be classiï¬ed as an 'emergency medical response vehicle'.'
'(2B) A regulation made under subsection (1)(zF) shall be so made after consultation with the Minister of Health.'.
Provided that, if the Minister thereafter decides to alter the draft regulation as a result of any objections or representations submitted thereafter, it shall not be necessary to publish such alterations before making the regulations.''.
Amendment of section 76 of Act 93 of 1996 21.
''(4) If any standard incorporated in the regulations is amended or replaced, such standard shall remain in force until such time that the Minister by notice in the Gazette re-incorporate the amended or replaced standard.''.
Amendment of section 78 of Act 93 of 1996, as amended by section 33 of Act 21 of 1999 22.
''(5) Subject to the Promotion of Access to Information Act, 2000 (Act No.
the fees payable for the provision of such information.''.
[An MEC] The Minister may, after the applicant has paid the fees or charges referred to in section 7(3) and subject to such conditions [and upon payment of such fees or charges] as he or she may determine, authorise in writing, either generally or speciï¬cally, the operation on a public road of a vehicle which [does not], due to such vehicle's original design cannot comply with [the provisions of] this Act [or the conveyance on a public road of passengers or any load otherwise than in accordance with the provisions of this Act].
The MEC may, after the applicant has paid the fees or charges referred to in section 7(3) and subject to such conditions as he or she may determine, authorise in writing, either generally or speciï¬cally, the conveyance in a safe manner on a public road of passengers or any load otherwise than in accordance with this Act.
An MEC shall determine the fees or charges payable for a vehicle or load that does not comply with this Act.''.
''(2) Any person convicted of an offence in terms of subsection (1) read with section 3K(1) or (2), 42(1) or (2), 44(1), 45(2), 46(1), 49 or 65(1), (2), (5) or (9) shall be liable to a ï¬ne or to imprisonment for a period not exceeding six years.'
''(3) Any person convicted of an offence in terms of subsection (1) read with section 3A (3), 17(4), 17 (5), 18 (5), 59(4), 61(2), 66 (3) or 68 (1), (2), (3), (4) or (6) shall be liable to a ï¬ne or to imprisonment for a period not exceeding three years.''.
Substitution of section 92 of Act 93 of 1996, as amended by section 38 of Act 21 of 1999 25.
The fees payable in respect of any application or request made, or document issued, or any other matter relating to the registration and licensing system of motor vehicles shall be determined under the laws of the province concerned.
The fees payable in respect of any application or request made, or document issued, or any other matter referred to in this Act, other than the fees which relate to the registration and licensing system of motor vehicles, shall be prescribed.
The fees payable by driving licence testing centres to defray the costs incurred by the Corporation with respect to the issuance of driving licences, shall be prescribed.
referred to in subsections (2) and (3) shall be administered as prescribed.''.
Amendment of section 93 of Act 93 of 1998 26.
''(1) Subject to [subsections] subsection (2) [and (3)], the laws mentioned in the Schedule are hereby repealed to the extent indicated in third column thereof.'
by the repeal of subsection (3).
Insertion of sections 93A and 93B in Act 93 of 1998 27.
sections 52 to 53, any reference to the 'Chief Executive Officer' shall be regarded to be a reference to the 'Director-General', and this interpretation shall apply from 1 August 2000 until a notice is published by the Minister in the Gazette indicating that the functionary in a 25 section of the Act shall be regulated as stated in the relevant section.
93B. Any approval, appointment, grading, permission, authority, order, prohibition, information or document issued, made, given or granted and any other action taken under any provision of a repealed law, shall be 30 regarded to have been issued, made, given, granted or taken under the corresponding provisions of this Act.''.
This Act is called the National Road Traffic Amendment Act, 2008, and comes into operation on a date ï¬xed by the President by Proclamation in the Gazette.
<fn>GOV-ZA.31908166En.2012-02-10.en.txt</fn>
No. 66 of 2008: Judicial Matters Amendment Act, 2008.
Minister for Justice and Constitutional Development must adopt and table the policy framework relating to sexual offences, in Parliament; and to provide for matters connected therewith.
Substitution of section 113 of Act 46 of 1935 1.
Any person who, without a lawful burial order, disposes of the body of any newly born child with intent to conceal the fact of its birth, whether the child died before, during or after birth, shall be guilty of an offence and liable on conviction to a ï¬ne [not exceeding one hundred 10 pounds] or to imprisonment for a period not exceeding three years.
[(2) Whenever a person disposes of the body of any such child which was recently born, otherwise than under a lawful burial order, he shall be deemed to have disposed of such body with intent to conceal the fact of the child's birth, unless it is proved that he had no such intent.
[(3)] (2) A person may be convicted under subsection (1) although it has not been proved that the child in question died before its body was disposed of.
The institution of a prosecution under this section must be authorised in writing by the Director of Public Prosecutions having jurisdiction.''.
Amendment of section 88 of Act 66 of 1965 2.
''(1) Subject to the provisions of subsections (2) and (3), compounded interest calculated on a monthly basis at the rate per annum determined from time to time 25 by the Minister [of Finance] for Justice and Constitutional Development, in consultation with the Minister of Finance, [and compounded annually at the thirty-ï¬rst of March,] shall be allowed on each rand of the principal of every sum of money received by the Master for account of any minor, [lunatic] mentally ill person or person with severe or profound intellectual disability, unborn heir or any 30 nature.''.
Amendment of section 1 of Act 101 of 1965, as substituted by section 1 of Act 65 of 1974 and amended by section 1 of Act 17 of 1979, section 1 of Act 20 of 1981, section 1 of Act 94 of 1991, section 1 of Act 49 of 1996, section 1 of Act 90 of 1997 and section 1 of Act 59 of 2002 3.
Amendment of section 51 of Act 51 of 1977 4.
''(1) Any person who escapes or attempts to escape from custody after he or she has been lawfully arrested and before he or she has been lodged in any [prison] correctional facility, police-cell or lock-up, shall be guilty of an offence and liable on conviction to the penalties prescribed in section [48 of the Prisons Act, 1959 (Act 8 of 1959)] 117 of the Correctional Services Act, 1998 (Act No. 111 of 1998).
Any person who rescues or attempts to rescue from custody any person after he or she has been lawfully arrested and before he or she has been lodged in any [prison] correctional facility, police-ceIl or lock-up, or who aids [such] the person to escape or to attempt to escape from [such] custody, or who harbours or conceals or assists in harbouring or concealing any person who escapes from custody after he or she has been lawfully arrested and before he or she has been lodged in any [prison] correctional facility, police-cell or lock-up, shall be guilty of an offence and liable on conviction to the penalties prescribed in section [43 of the said Prisons Act, 1959] 117 of the said Correctional Services Act, 1998.''.
Amendment of section 55 of Act 51 of 1977, as amended by section 14 of Act 59 of 1983, section 5 of Act 33 of 1986 and section 3 of Act 4 of 1992 5.
the court may make a further endorsement on the warrant to the effect that the accused may admit his or her guilt in respect of the failure to appear in answer to the summons or to remain in attendance at the criminal proceedings, and that he or she may upon arrest pay to a clerk of the court or at a police station a ï¬ne stipulated on the warrant in respect of [such] that failure, which ï¬ne shall not exceed the amount to be imposed in terms of subsection (2), without appearing in court.''.
Amendment of section 56 of Act 51 of 1977, as amended by section 2 of Act 109 of 1984 and section 5 of Act 5 of 1991 6.
contain an endorsement in terms of section 57 that the accused may admit his or her guilt in respect of the offence in question and that he or she may pay [a] the stipulated ï¬ne as determined by the Minister in terms of section 57(2)(b) in respect thereof without appearing in court; and contain a certiï¬cate under the hand of the peace officer that he or she has handed the original of [such] that written notice to the accused and that he or she has explained to the accused the import thereof.
If the accused is in custody, the effect of a written notice handed to him or her under subsection (1) shall be that he or she be released forthwith from custody.''.
Substitution of section 57 of Act 51 of 1977, as substituted by section 3 of Act 109 of 1984, section 6 of Act 33 of 1986, section 2 of Act 26 of 1987 and section 6 of Act 5 of 1991 7.
An admission of guilt ï¬ne referred to in this section may only be imposed and paid in respect of an offence which the Minister determines, as provided for in subsection (2).
the offences in respect of which an admission of guilt ï¬ne may be imposed and paid; and the amount of an admission of guilt ï¬ne which can be stipulated in a summons under section 54 (in this section referred to as the summons) or a written notice under section 56 (in this section referred to as the written notice), in respect of each offence.
a summons is issued against an accused under section 54 [(in this section referred to as the summons)] and the public prosecutor [or the clerk] of the court concerned [on reasonable grounds believes that a magistrate's court, on convicting the accused of the offence in question, will not impose a ï¬ne exceeding the amount determined by the Minister from time to time by notice in the Gazette, and such public prosecutor or the clerk of the court],in accordance with the directives issued by the National Director of Public Prosecutions provided for in subsection (11), endorses the summons to the effect that the accused may admit his or her guilt in respect of the offence in question and that he or she may pay a ï¬ne stipulated on the summons in respect of [such] that offence without appearing in court; or a written notice under section 56 [(in this section referred to as the written notice)] is handed to the accused and the endorsement in terms of [paragraph (c) of] subsection (1)(c) of that section purports to have been made by a peace officer, the accused may, without appearing in court, admit his or her guilt in respect of the offence in question by paying the ï¬ne stipulated (in this section referred to as the admission of guilt ï¬ne) either to the clerk of the magistrate's court which has jurisdiction or at any police station within the area of jurisdiction of that court or, if the summons or written notice in question is endorsed to the effect that the ï¬ne may be paid at a speciï¬ed local authority, at [such] that local authority.
[(2)] (4) (a) The summons or the written notice may stipulate that the admission of guilt ï¬ne shall be paid before a date speciï¬ed in the summons or written notice, as the case may be.
An admission of guilt ï¬ne may be accepted by the clerk of the court concerned notwithstanding that the date referred to in paragraph (a) or the date on which the accused should have appeared in court has expired.
[(3)] (5) (a) (i) Subject to the provisions of subparagraphs (ii) and (iii), an accused who intends to pay an admission of guilt ï¬ne in terms of subsection (1), shall surrender the summons or the written notice, as the case may be, at the time of the payment of the ï¬ne.
is available at the place of payment referred to in subsection [(1)] (3), the admission of guilt ï¬ne may be accepted without the surrender of a copy of the summons or written notice, as the case may be.
If an accused in respect of whom a warrant has been endorsed in terms of section 55(2A) intends to pay the relevant admission of guilt ï¬ne, the clerk of the court may, after he or she has satisï¬ed himself or herself that the warrant is so endorsed, accept the admission of guilt ï¬ne without the surrender of the summons, written notice or copy thereof, as the case may be.
A copy referred to in paragraph (a)(ii) may be obtained by the accused at the magistrate's court, police station or local authority where the copy of the summons or written notice in question known as the control document is ï¬led.
Notwithstanding the provisions of subsection [(1)] (3), an accused referred to in paragraph (a)(iii) may pay the admission of guilt ï¬ne in question to the clerk of the court where he or she appears in consequence of [such] that warrant, and if [the said] that clerk of the court is not the clerk of the magistrate's court referred to in subsection [(1)] (3), he or she shall transfer [such] that admission of guilt ï¬ne to the latter clerk of the magistrate's court.
[(4)] (6) No provision of this section shall be construed as preventing a public prosecutor attached to the court concerned from reducing an admission of guilt ï¬ne on good cause shown in writing.
(5) (a) An admission of guilt ï¬ne stipulated in respect of a summons or a written notice shall be in accordance with a determination which the magistrate of the district or area in question may from time to time make in respect of any offence or, if the magistrate has not made such a determination, in accordance with an amount determined in respect of any particular summons or any particular written notice by either a public prosecutor attached to the court of such magistrate or a police official of or above the rank of non-commissioned officer attached to a police station within the magisterial district or area in question or, in the absence of such a police official at any such police station, by the senior police official then in charge at such police station.
An admission of guilt ï¬ne determined under paragraph (a) shall not exceed the maximum of the ï¬ne prescribed in respect of the offence in question or the amount determined by the Minister from time to time by notice in the Gazette, whichever is the lesser.
An admission of guilt ï¬ne stipulated in respect of a summons or a written notice shall be in accordance with the determination made by the Minister from time to time in respect of the offence in question, as provided for in subsection (2).
[(6)] (8) An admission of guilt ï¬ne paid at a police station or a local authority in terms of subsection [(1)] (3) and the summons or, as the case may be, the written notice surrendered under subsection [(3)] (5), shall, as soon as is expedient, be forwarded to the clerk of the magistrate's court which has jurisdiction, and [such] that clerk of the court shall thereafter, as soon as is expedient, enter the essential particulars of [such] that summons or, as the case may be, [such] that written notice and of any summons or written notice surrendered to the clerk of the court under subsection [(3)] (5), in the criminal record book for admissions of guilt, whereupon the accused concerned shall, subject to the provisions of subsection [(7)] (9), be deemed to have been convicted and sentenced by the court in respect of the offence in question.
[(7)] (9) The judicial officer presiding at the court in question shall examine the documents and if it appears to him or her that a conviction or sentence under subsection [(6)] (8) is not in accordance with justice or [that any such sentence], except as provided in subsection [(4)] (6), is not in accordance with a determination made by the [magistrate] Minister under subsection [(5)] (2) or [, where the determination under that subsection has not been made by the magistrate, that the sentence is not adequate] does not comply with a directive issued by the National Director of Public Prosecutions as provided for in subsection (11) [such] that judicial officer may set aside the conviction and sentence and direct that the accused be prosecuted in the ordinary course, whereupon the accused may be summoned to answer [such] that charge as the public prosecutor may deem ï¬t to prefer: Provided that where the admission of guilt ï¬ne which has been paid exceeds the amount determined by the [magistrate] Minister under subsection [(5)] (2), the [said] judicial officer may, in lieu of setting aside the conviction and sentence in question, direct that the amount by which the [said] admission of guilt ï¬ne exceeds the said determination be refunded to the accused concerned.
Any determination made by the Minister under this section must be tabled in Parliament for approval.
The National Director of Public Prosecutions must issue directives regarding the cases and circumstances in which a prosecutor may issue a summons referred to in subsection (3)(a) or a written notice referred to in section 57A(1) in which an admission of guilt ï¬ne may be imposed in respect of the offences which the Minister determines under subsection (2) and any directive so issued must be observed in the application of this section.
The directives referred to in paragraph (a) must ensure that adequate disciplinary steps will be taken against a prosecutor who fails to comply with any directive.
The Minister must submit any directives issued under this subsection to Parliament before those directives take effect, and the ï¬rst directives so issued, must be submitted to Parliament within four months of the commencement of this section.
Any directive issued under this subsection may be amended or withdrawn in like manner.''.
released on bail under section 59 or 60; or released on warning under section 72, the public prosecutor may, before the accused has entered a plea and [if he or she on reasonable grounds believes that a magistrate's court, on convicting such accused of that offence, will not impose a ï¬ne exceeding the amount determined by the Minister from time to time by notice in the Gazette,] in accordance with the directives issued by the National Director of Public Prosecutions under section 57(11), hand to the accused a written notice, or cause [such] the notice to be delivered to the accused by a peace officer, containing an endorsement in terms of section 57 that the accused may admit his or her guilt in respect of the offence in question and that he or she may pay [a] the stipulated ï¬ne in respect [thereof] of that offence, as determined by the Minister in terms of section 57(2)(b), without appearing in court again.'
to [(7)] (9), inclusive, shall apply mutatis mutandis to the relevant written notice handed or delivered to an accused under subsection (1) as if, in respect of section 57, [such] the notice were the written notice [contemplated] referred to in that section and as if the ï¬ne stipulated in [such] the written notice were also the admission of guilt ï¬ne [contemplated] referred to in that section.''.
Amendment of section 60 of Act 51 of 1977, as substituted by section 3 of Act 75 of 1995 and amended by section 4 of Act 85 of 1997, section 5 of Act 34 of 1998, section 9 of Act 62 of 2000 and section 4 of Act 55 of 2003 9.
''(2B) (a) If the court is satisï¬ed that the interests of justice permit the release of an accused on bail as provided for in subsection (1), and if the payment of a sum of money is to be considered as a condition of bail, the court must hold a separate inquiry into the ability of the accused to pay the sum of money being considered or any other appropriate sum.
unable to pay any sum of money, the court must consider setting appropriate conditions that do not include an amount of money for the release of the accused on bail or must consider the release of the accused in terms of a guarantee as provided for in subsection (13)(b);or able to pay a sum of money, the court must consider setting conditions for the release of the accused on bail and a sum of money which is appropriate in the circumstances.'
deposit with the clerk of [the] any magistrate's court or the registrar of [the] any High Court, as the case may be, or with a correctional official at the correctional facility where the accused is in custody or with a police official at the place where the accused is in custody, the sum of money determined by the court in question; or shall furnish a guarantee, with or without sureties, that he or she will pay and forfeit to the State the amount that has been set as bail, or that has been increased or reduced in terms of section 63(1), in circumstances in which the amount would, had it been deposited, have been forfeited to the State.''.
Amendment of section 79 of Act 51 of 1977, as amended by section 4 of Act 4 of 1992, section 17 of Act 116 of 1993, section 44 of Act 129 of 1993, section 28 of Act 105 of 1997, section 6 of Act 68 of 1998, section 8 of Act 42 of 2001 and section 68 of Act 32 of 2007 10.
by a clinical psychologist where the court so directs.'
''(13) (a) The National Director of Public Prosecutions must, in consultation with the Minister, issue directives regarding the cases and circumstances in which a prosecutor must apply to the court for the appointment of a psychiatrist as provided for in subsection (1)(b)(ii) and any directive so issued must be observed in the application of this section.
The Minister must submit any directives issued under this subsection to Parliament before those directives take effect, and the ï¬rst directives so issued, must be submitted to Parliament within four months of the commencement of this subsection.
Insertion of section 110A in Act 51 of 1977 11.
the Vienna Convention on Consular Relations, 1963; or any other international convention, treaty or any agreement between the Republic and any other country or international organisation, and that person is found within the area of jurisdiction of any court in the Republic which would have had jurisdiction to try the offence if it had been committed within its area of jurisdiction, that court shall, subject to subsection (2), have jurisdiction to try that offence.
the offence is an offence under the laws of the Republic; and the National Director of Public Prosecutions instructs that a prosecution be instituted against the person.
At the conclusion of the trial against a person under this section, a copy of the proceedings, certiï¬ed by the clerk of the court or registrar, together with any remarks as the prosecutor may wish to append thereto, must be submitted to the Minister of Foreign Affairs.''.
Amendment of section 285 of Act 51 of 1977, as amended by section 16 of Act 33 of 1986 12.
[such person] is undergoing a punishment of any other form of detention imposed by any court; or after having surrendered himself or herself pursuant to the notice issued under subsection (2), without lawful excuse, the proof whereof shall be on that person, thereafter fails to surrender himself or herself for the purpose of undergoing periodical imprisonment, as required, any magistrate before whom [such] that person is brought, [shall] may set aside the unexpired portion of the sentence of periodical imprisonment and, after considering the evidence recorded in respect of [such] the offence in question, may impose in lieu of [such] any unexpired portion any punishment within the limits of his or her jurisdiction and of any punishment prescribed by any law as a punishment for [such] the offence in question.'
''(6) Any magistrate may, if it appears from information on oath that a person who has been sentenced in terms of subsection (1) has failed to surrender himself or herself to undergo imprisonment as provided for in this section, issue a warrant for the arrest of that person in order to deal with him or her in terms of subsection (5)(b).''.
Amendment of section 309 of Act 51 of 1977, as amended by section 2 of Act 76 of 1977, section 17 of Act 105 of 1982, section 8 of Act 107 of 1990, section 51 of Act 129 of 1993, section 13 of Act 75 of 1995, section 2 of Act 33 of 1997, section 2 of Act 76 of 1997, section 38 of Act 105 of 1997, section 2 of Act 42 of 2003 and section 6 of Act 38 of 2007 13. Section 309 of the Criminal Procedure Act, 1977, is hereby amended by the deletion of subsection (3A).
Amendment of section 309C of Act 51 of 1977, as inserted by section 3 of Act 76 of 1997 and substituted by section 3 of Act 42 of 2003 14.
if the petition relates solely to an application for condonation, a copy of the judgment, which includes the reasons for conviction and sentence, shall, subject to subsection (6)(a), suffice for the purposes of the petition.
A petition [contemplated] as provided for in this section must be considered in chambers by [a judge] two judges designated by the Judge President[: Provided that the Judge President may, in exceptional circumstances, at any stage designate two judges to consider such petition].
If the judges referred to in [the proviso to] paragraph (a) differ in opinion, the petition must also be considered in chambers by the Judge President or by any other judge designated by the Judge President.
For the purposes of paragraph (b) any decision of the majority of the judges considering the petition, shall be deemed to be the decision of all three judges.
call for any further information[, including a copy of the record of any proceedings that was not submitted in terms of the proviso to subsection (4)(c),] from the magistrate who refused the application in question, or from the magistrate who presided at the trial to which [any such] the application relates, as the case may be; or in exceptional circumstances, order that the petition or any part thereof be argued before them at a time and place determined by them.''.
Amendment of section 315 of Act 51 of 1977, as substituted by section 20 of Act 105 of 1982 and amended by section 10 of Act 107 of 1990, section 39 of Act 105 of 1997, section 11 of Act 62 of 2000 and section 4 of Act 42 of 2003 15. Section 315 of the Criminal Procedure Act, 1977, is hereby amended by the deletion of paragraphs (b) and (c) of subsection (1).
Amendment of section 316 of Act 51 of 1977, as substituted by section 5 of Act 42 of 2003 16.
if the petition relates solely to an application for condona tion, a copy of the judgment, which includes the reasons for conviction and sentence, shall, subject to subsection (12)(a), suffice for the purposes of the petition.'
call for any further information[, including a copy of the record of the proceedings that was not submitted in terms of the proviso to subsection (10)(c),] from the judge who refused the application in question, or from the judge who presided at the trial to which [any such] the application relates, as the case may be; or in exceptional circumstances, order that the application or applications in question or any of them be argued before them at a time and place determined by them.''.
Amendment of section 341 of Act 51 of 1977, as amended by section 9 of Act 64 of 1982, section 25 of Act 33 of 1986, section 16 of Act 26 of 1987 and section 4 of Act 18 of 1996 17.
''(5) (a) The amount to be speciï¬ed in any notiï¬cation issued under this section as the amount of the ï¬ne which a court would probably impose in respect of any offence, shall be determined from time to time [for any particular area by the magistrate of the district or area in which such area is situated,] by the Minister by notice in the Gazette, after consultation with the Chief Justice, the National Director of Public Prosecutions and the Minister of Safety and Security, and may differ from the admission of guilt ï¬ne determined under section 57[(5)(a)] (2)(b) for the offence in question.
Any determination made by the Minister under paragraph (a) must be tabled in Parliament for approval.''.
Amendment of section 3 of Act 53 of 1979, as substituted by section 2 of Act 87 of 1989 and amended by section 2 of Act 102 of 1991 18.
''(i) if he or she is an attorney so practising on his or her own account or as a partner in a ï¬rm of attorneys or as a member of a professional company, or is employed full-time at a law clinic, or is employed full-time at an office of the Legal Aid Board, so practised or been so employed for a period of three years or periods of three years in the aggregate during the preceding four years;''.
Amendment of section 72 of Act 53 of 1979, as amended by section 5 of Act 80 of 1985, section 25 of Act 87 of 1989, section 17 of Act 115 of 1993 and section 13 of Act 204 of 1993 19.
debar him or her from remaining in the employ of the attorney referred to in section 8(4) or 8(5), as the case may be; or impose upon him or her a ï¬ne not exceeding [R2 000] R20 000; or reprimand him or her.'
Amendment of section 3 of Act 105 of 1983, as amended by section 2 of Act 87 of 1992 and section 21 of Act 139 of 1992 20.
''(6) [Subject to the provisions of subsection (9), an] An action in rem, other than [such] an action in respect of a maritime claim [contemplated] referred to in paragraph (d) of the deï¬nition of 'maritime claim', may be brought by the arrest of an associated ship instead of the ship in respect of which the maritime claim arose.''; and by the deletion of subsection (9).
Substitution of section 18 of Act 88 of 1984 21.
he or she may recover from the other spouse damages[, other than damages for patrimonial loss,] in respect of bodily injuries suffered by him or her and attributable either wholly or in part to the fault of that spouse and these damages do not fall into the joint estate but become the separate property of the injured spouse.''.
Amendment of Part 1 of Schedule 2 to Act 105 of 1997, as amended by section 37 of Act 62 of 2000, section 36 of Act 12 of 2004, section 27 of Act 33 of 2004, section 68 of Act 32 of 2007 and section 5 of Act 38 of 2007 22. Part I of Schedule 2 to the Criminal Law Amendment Act, 1997, is hereby amended by the addition of the following offences: ''Any offence referred to in Part I or Part II of Schedule 1 to the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002).''.
Amendment of section 3 of Act 114 of 1998 23.
''(4) [A member of the Council shall hold officer for a term, not exceeding three years, determined by the Minister at the time of the member's appointment: Provided that the Minister may withdraw an appointment of a member at any time and, provided further, that a member may be reappointed at the expiration of his or her term of office.
A member of the Council, subject to paragraphs (b), (c), (d) and (e), holds office for a term, not exceeding three years, determined by the Minister at the time of the member's appointment.
The Minister may, on good cause shown, withdraw an appointment of a member at any time.
A member of the Council may be re-appointed at the expiry of his or her term of office.
A member of the Council appointed in terms of this section who is a member of a committee referred to in section 15(2), must, notwithstanding his or her subsequent vacation of office as a member of the Council, dispose of the matters he or she is seized with and, for that purpose only, is deemed to hold office as a member of the Council in respect of any period during which he or she is necessarily engaged in connection with the disposal of the matters which were not disposed of when he or she vacated office as a member of the Council.
unï¬t to dispose of the matters in question; or incapacitated and is not able to dispose of the matters in question due to that incapacity, may be exempted by the Council from the provisions of paragraph (d).''.
Amendment of section 5 of Act 114 of 1998 24.
''(1) The Council may appoint not less than three and not more than ï¬ve of its members as an executive committee of the Council which shall, subject to the provisions of subsection (2) and the directions of the Council, be competent during the periods between meetings of the Council to perform or exercise all the powers and functions of the Council: Provided that the majority of the members of the executive committee shall be members of the Council other than those appointed in terms of section 3(2)(b)(iii).''.
must [, where necessary], take control [and] over, administer [his or her] and ï¬nalise that trust account [until];or may, in the circumstances the Council deems ï¬t, make an application to the Master of the High Court having jurisdiction [has, on application made by the Council, or by a person having an interest in the trust account of that debt collector, appointed] to appoint a curator bonis with [such] the rights, duties and powers [as the Master may deem ï¬t] as prescribed to control, [and] administer and ï¬nalise [such] that account.'
shall have the powers and duties as prescribed; and is entitled to the fees as provided for in Schedule 2 of the regulations made in terms of section 103 of the Administration of Estates Act, 1965 (Act No. 66 of 1965).''.
Amendment of section 23 of Act 114 of 1998 26.
regarding the training of debt collectors[.
regarding the remuneration, rights, duties and powers of a curator bonis appointed under section 20(8); and regarding the powers and duties of the Master of the High Court when appointing a curator bonis in terms of section 20(8).''.
Amendment of section 79 of Act 2 of 2000, as amended by section 23 of Act 55 of 2003 27.
''The Rules Board for Courts of Law, established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must [within four years after the commencement of this section], before 28 February 2009, subject to the approval of the Minister, make rules of procedure for-''.
Substitution of section 89 of Act 2 of 2000 28.
No person is criminally or civilly liable for anything done in good faith in the exercise or performance or purported exercise or performance of any power or duty in terms of this Act or the rules made under section 79.''.
Amendment of section 7 of Act 3 of 2000, as amended by section 27 of Act 55 of 2003 29.
''(3) The Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), must [within three years after the date of commencement of section 10 of this Act], before 28 February 2009, subject to the approval of the Minister, make rules of procedure for judicial review.''.
Amendment of section 10 of Act 3 of 2000, as substituted by section 15 of Act 22 of 2005 and amended by section 42 of Act 30 of 2007 30.
''(6) The code of good administrative conduct [contemplated] referred to in subsection (5A) must, before publication in the Gazette, be approved by Cabinet and Parliament and must be made [within 42 months after the commencement of this section] before 28 February 2009.''.
Insertion of section 10A in Act 3 of 2000 31.
10A. No person is criminally or civilly liable for anything done in good faith in the exercise or performance or purported exercise or performance of any power or duty in terms of this Act or the rules made under section 7(3).''.
Amendment of section 11 of Act 3 of 2000 32.
Amendment of section 33 of Act 4 of 2000 33.
Amendment of section 7 of Act 47 of 2001 34.
''(b) Service referred to in paragraph (a) of the deï¬nition of 'service' in section 1, in a permanent post on the establishment of a particular court, may, subject to paragraph (bA), only be performed if that service is requested by the Chief Justice, President of the Supreme Court of Appeal or the judge president in whose area of jurisdiction the Constitutional Court judge or judge resides or of the court to which he or she was attached when discharged from active service, or with his or her consent, any other judge president, in consultation with the Chief Justice or the the judge president in question, as the case may be, and the Minister so approves, after consultation with the Judicial Service Commission.''.
''(bA) Service referred to in paragraph (a) of the deï¬nition of 'service' in section 1 which becomes necessary as a result of the creation of an additional temporary post on the establishment of a particular court, to deal with additional workload or backlogs which have developed, may be performed if that service is approved by the Minister after consultation with the head of the court in question, and for the period decided by the Minister, which period may not exceed three months at a time.''.
Amendment of section 26 of Act 12 of 2004 35.
''(4) Notwithstanding anything to the contrary in any law, a magistrate's court shall be competent to impose the penalty provided for in subsection (1)(a)(iii), (1)(c), or (3).''.
Amendment of section 42 of Act 32 of 2007 36.
''(1) A National Register for Sex Offenders containing particulars of persons convicted of any sexual offence against a child or a person who is mentally disabled or are alleged to have committed a sexual offence against a child or a person who is mentally disabled and who have been dealt with in terms of section 77(6) of 78(6) of the Criminal Procedure Act, 1977, whether committed before or after the commencement of this Chapter and whether committed in or outside the Republic, must, [within six months after the commencement of this Chapter] before 30 June 2009, and, in accordance with the provisions of this Chapter and the regulations made thereunder, be established and maintained by the Minister.''.
Amendment of section 50 of Act 32 of 2007 37.
''(5) (a) The National Commissioner of Correctional Services must, in the prescribed manner and [within] at least three months [after the commencement of this Chapter] before the establishment of the Register referred to in section 42, forward to the Registrar the particulars referred to in section 49 of every prisoner or former prisoner which he or she has on record, who, at the commencement of this Chapter, is serving a sentence of imprisonment or who has served a sentence of imprisonment as the result of a conviction for a sexual offence against a child, including an offence [contemplated] referred to in section 14 of the Sexual Offences Act, 1957 (Act 23 of 1957), and must, where possible, forward the available particulars of every prisoner or former prisoner which he or she has on record, who at the commencement of this Chapter, is serving a sentence of imprisonment or has served a sentence of imprisonment as a result of a conviction for a sexual offence against a person who is mentally disabled, including an offence [contemplated] referred to in section 15 of the Sexual Offences Act, 1957, and the Registrar must forthwith enter those particulars in the Register.
The National Commissioner of Correctional Services must, in the prescribed manner and period, inform each serving prisoner whose particulars have been forwarded to the Registrar of the implications thereof.
The National Commissioner of the South African Police Service must, in the prescribed manner and [within] at least three months [after the commencement of this Chapter] before the establishment of the Register referred to in section 42, forward to the Registrar all the available particulars in his or her possession referred to in section 49 of every person, who, at the commencement of this Chapter, has a previous conviction for a sexual offence against a child, including, as far as is possible, an offence [contemplated] referred to in section 14 of the Sexual Offences Act, 1957, and who has a previous conviction for a sexual offence against a person who is mentally disabled, including, as far as is possible, an offence [contemplated] referred to in section 15 of the Sexual Offences Act, 1957, and the Registrar must forthwith enter those particulars in the Register.
The Director-General: Health must, in the prescribed manner and [within] at least three months [after the commencement of this Chapter] before the establishment of the Register referred to in section 42, forward to the Registrar the particulars referred to in section 49 of every person, who, at the commencement of this Chapter, is subject to a direction in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977, as the result of an act which constituted a sexual offence against a child or a person who is mentally disabled and the Registrar must forthwith enter those particulars in the Register.
The Director-General: Health must, in the prescribed manner and period, inform each person referred to in paragraph (a) whose particulars have been forwarded to the Registrar of the implications thereof.''.
Amendment of section 62 of Act 32 of 2007 38.
review the policy framework within ï¬ve years after its publication in the Gazette and at least once every ï¬ve years thereafter; and amend the policy framework when required, in which case [such] the amendments must be tabled in Parliament and published in the Gazette, as [contemplated] provided for in paragraph (b).''.
Any admission of guilt ï¬ne which, before the commencement of sections 5 to 8 and 17 of this Act- (a) was imposed in terms of section 57(1) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), before its amendment by section 7 of this Act; and (b) has not been dealt with in terms of section 57(7) of the Criminal Procedure Act, 1977, before its amendment by section 7 of this Act, must be dealt with as if section 7 of this Act had not been passed.
This Act is called the Judicial Matters Amendment Act, 2008. (2) Sections 5, 6, 7, 8, 10, 13, 14, 15, 16, 17, 25, 26 and 39 come into operation on a date ï¬xed by the President by proclamation in the Gazette.
<fn>GOV-ZA.31909167En.2012-02-10.en.txt</fn>
CHAPTER 6 28. Despite the provisions of any other Act, a professional body must co-operate with the relevant QCs in respect of qualiï¬cations and quality assurance in its occupational ï¬eld.
A statutory or non-statutory body of expert practitioners in an occupational ï¬eld must apply in the manner prescribed by the SAQA in terms of section 13(1)(i)(i) to be recognised as a professional body in terms of this Act.
A professional body that is recognised in terms of section 29 must apply to the SAQA, in the manner determined by the SAQA in terms of section 13(1)(i)(ii), to register a professional designation on the NQF.
The Minister may make regulations regarding any matter that this Act requires or permits to be prescribed.
generally any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.
The Higher Education Qualiï¬cations Framework promulgated by the Minister in Government Notice No. 928 dated 5 October 2007 in terms of section 3 of the Higher Education Act remains the sub-framework for higher education as contemplated in sections 7(b) and 8(2)(e) of this Act unless amended in terms of section 8 of this Act and section 3 of the Higher Education Act.
The South African Qualiï¬cations Authority Act, 1995 (Act No. 58 of 1995), is hereby repealed in its entirety.
This Act is called the National Qualiï¬cations Framework Act, 2008, and comes into operation on a date determined by the Minister by notice in the Gazette. (2) Different dates of commencement may be so determined for different sections of this Act.
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2011 and 2012 school calendars for public schools as detailed in the accompanying schedule.
<fn>GOV-ZA.3190En.2012-02-10.en.txt</fn>
The 2010 Local Organising Committee has issued comprehensive transport guidelines and other important information for the thousands of fans who will be attending matches on Day 4 of the 2010 FIFA World Cup.
<fn>GOV-ZA.31911169En.2012-02-10.en.txt</fn>
No. 65 of 2008: Criminal Procedure Amendment Act, 2008.
To amend the Criminal Procedure Act, 1977, to provide for the postponement of certain criminal proceedings against an accused person in custody awaiting trial through audiovisual link; to further regulate the falling away of certain convictions as previous convictions after the expiry of a ï¬xed period; to provide for the expungement of criminal records of certain persons in respect of whom certain sentences have been imposed after the compliance with certain requirements and the expiry of a ï¬xed period; to provide for the expungement of certain criminal records of persons under legislation enacted before the Constitition of the Republic of South Africa, 1993, took effect; and to provide for matters connected therewith.
Insertion of sections 159A, 159B, 159C and 159D in Act 51 of 1977 1.
'correctional facility' means a correctional facility as deï¬ned in the Correctional Services Act, 1998 (Act No.
'remote point' means the room or place at the designated correctional facility where the accused person appearing through audiovisial link is located.
a further postponement of the case; or consideration of release on bail in terms of section 60, 63, 63A, 307, 308A or 321, where the granting of bail is not opposed by the prosecutor or where the granting of bail does not require the leading of evidence, is not required to appear or to be brought physically before the court but may, subject to the provisions of this section, sections 159B, 159C and 159D, appear before court by audiovisual link and is deemed to be physically before court, unless the court directs, in the interests of justice, that he or she appears or be brought physically before it.
is held in custody in a correctional facility; and is able to follow the court proceedings and the court is able to see and hear the accused person by means of audiovisual link.
The remote point shall be regarded as being a part of the court.
159B. (1) An accused person appearing before a court by audiovisual link must do so from a place at which the requirements referred to in subsections (2) and (3) and section 159C are complied with.
The Minister may, subject to the provisions of this section, designate any correctional facility which has been suitably equipped as a place where proceedings in terms of section 159A can be held.
at any time on the day of a hearing, shortly before or after the hearing.
The court must, at every appearance of an accused person in terms of section 159A, inquire into the physical and mental well-being of the accused person and for that purpose may, where necessary, direct that the facilities referred to in section 159C be used in such a manner which will enable the presiding officer to satisfy himself or herself as to the accused person's well-being as that presiding officer would be able to do if the accused person were physically before the court.
at the court point to see and hear a person appearing before the court or making a submission or any other appropriate person at the remote point and to follow the proceedings; and at the remote point to see and hear all appropriate persons at the court point and to follow the proceedings.
any of the facilities referred to in subsection (1) malfunction ing, the court must, subject to paragraph (b), direct that the matter stand down and cause the accused person to be brought physically before the court on the day in question.
If it is not reasonably practicable to bring the accused person to court on the day, as provided for in paragraph (a), the court must, prior to the expiry of the existing court order for the accused person's detention, postpone the proceedings in the absence of the accused person, to the next court day.
The Minister may make any regulations necessary to give effect to the technical requirements referred to in subsection (1).
A court may, in order to ensure a fair trial, give any directions in any case as it may deem necessary, which may not be inconsistent with any provision of this Act or any regulation made thereunder.
159D. Without limiting any other protection applying to it, a communication by audio link or audiovisual link, or a document transmitted between an accused person and his or her legal representative as provided for in section 159B(3), is conï¬dential and inadmissible in any proceedings as if the communication took place or the document was produced while they were in the presence of each other.''.
Substitution of section 271A of Act 51 of 1977, as inserted by section 12 of Act 5 of 1991 and amended by section 6 of Act 4 of 1992 2.
has postponed the passing of sentence in terms of section 297(1)(a) and has discharged that person in terms of section 297(2) without passing sentence or has not called upon him or her to appear before the court in terms of section 297(3); or has discharged that person with a caution or reprimand in terms of section 297(1)(c);or any [other] offence [than that for] in respect of which [the punishment] a sentence [may be a period] of imprisonment for a period not exceeding six months without the option of a ï¬ne, may be imposed, that conviction shall fall away as a previous conviction if a period of 10 years has elapsed after the date of conviction of the said offence, unless during that period [such] the person has been convicted of an offence [for] in respect of which [the punishment] a sentence [may a period] of imprisonment for a period exceeding six months without the option of a ï¬ne, may be imposed.''.
Insertion of sections 271B, 271C, 271D and 271E in Act 51 of 1977 3.
a sentence of periodical imprisonment, referred to in section 276(1)(c).
who has been convicted of a sexual offence against a child or a person who is mentally disabled and whose name has been included in the National Register for Sex Offenders, as provided for in section 50 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007); or whose name has been included in the National Child Protection Register as a result of a conviction for an offence, as provided for in section 120(1)(b) of the Children's Act, 2005 (Act No. 38 of 2005), does not qualify to have the criminal record in question expunged in terms of this section, unless his or her name has been removed from the National Register of Sex Offenders, as provided for in section 51 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, or section 128 of the Children's Act, 2005, as the case may be.
The Director-General: Justice and Constitutional Development must, on receipt of the written application of a person referred to in subsection (1), issue a certiï¬cate of expungement, directing that the criminal record of that person be expunged, if the Director-General is satisï¬ed that the person applying for expungement complies with the criteria set out in subsection (1).
The Director-General: Justice and Constitutional Development must submit every certiï¬cate of expungement that has been issued as provided for in subsection (2) to the head of the Criminal Record Centre of the South African Police Service, to be dealt with in accordance with section 271D.
A contravention of section 1 of the Black Land Act, 1913 (Act No.
a contravention of section 12 of the Development Trust and Land Act, 1936 (Act No.
a contravention of section 5(1), read with section 5(2), or section 6, read with section 6(2), of the Blacks (Urban Areas) Consolidation Act, 1945 (Act No.
a contravention of section 8(1), read with section 8(3), of the Coloured Persons Settlement Act, 1946 (Act No.
a contravention of section 2 or 4 of the Prohibition of Mixed Marriages Act, 1949 (Act No.
a contravention of section 11 of the Internal Security Act, 1950 (Act No.
a contravention of section 10(6) and (7), 11(4), 14, 15, 16, 20(1), 28(7), 29(1) or 30 of the Black Building Workers Act, 1951 (Act No.
a contravention of section 15 of the Blacks (Abolition of Passes and Co-ordination of Documents) Act, 1952 (Act No.
a contravention of section 2 of the Criminal Law Amendment Act, 1953 (Act No.
a contravention of section 2(2) of the Reservation of Separate Amenities Act, 1953 (Act No.
a contravention of section 16 of the Sexual Offences Act, 1957 (Act No.
a contravention of section 46 of the Group Areas Act, 1966 (Act No.
a contravention of section 2 or 3 of the Terrorism Act, 1967 (Act No. 83 of 1967); or a contravention of section 2 read with section 4(1), of the Prohibition of Foreign Financing of Political Parties Act, 1968 (Act No. 51 of 1968).
a decree; or any other enactment having the force of law, other than those provisions referred to in subsection (1), which were enacted in the former Republic of South Africa, the former Republic of Transkei, Bophuthatswana, Ciskei or Venda, or in any former selfgoverning territory, as provided for in the Self-governing Territories Constitution Act, 1971(Act No. 21 of 1971), before the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), took effect, which created offences that were based on race or which created offences, which would not have been considered to be offences in an open and democratic society, based on human dignity, equality and freedom, under the constitutional dispensation after 27 April 1994, the criminal record, containing the conviction and sentence in question, of that person must, on the person's written application, subject to subsection (3) and section 271D, be expunged.
Where the criminal record of a person referred to in subsection (1) has not been expunged automatically as provided for in that subsection, the criminal record of that person must, on his or her written application, subject to subsection (3) and section 271D, be expunged.
The Director-General: Justice and Constitutional Development must, on receipt of the written application of a person referred to in subsection (2)(a) or (b), issue a certiï¬cate of expungement, directing that the criminal record of the person be expunged, if the Director-General is satisï¬ed that the person applying for expungement complies with the criteria set out in subsection (1) or subsection (2)(a), as the case may be.
The Director-General: Justice and Constitutional Development must submit every certiï¬cate of expungement that has been issued as provided for in subsection (3) or (5)(b) to the head of the Criminal Record Centre of the South African Police Service, to be dealt with in accordance with section 271D.
In the case of a dispute or any uncertainty as to whether an offence is an offence as referred to in subsection (1) or (2)(a) or not, the matter must be referred to the Minister for a decision.
If the Minister decides that the offence is an offence as referred to in subsection (1) or (2)(a), he or she must issue a certiï¬cate of expungement, directing that the criminal record of the person be expunged.
he or she is furnished with a certiï¬cate of expungement by the Director-General: Justice and Constitutional Development as provided for in section 271B(2) or section 271C(3) or by the Minister as provided for in section 271C(5); or that person qualiï¬es for the automatic expungement of his or her criminal record as provided for in section 271C(1).
has applied to have his or her criminal record expunged in terms of section 271B or section 271C(2); or qualiï¬es to have his or her criminal record expunged automatically in terms of section 271C(1), in writing, conï¬rm that the criminal record in question has been expunged.
without the authority of a certiï¬cate of expungement as provided for in section 271B, 271C or this section; and intentionally or in a grossly negligent manner, expunges the criminal record of any person or conï¬rms that a criminal record has been expunged as provided for in subsection (2), is guilty of an offence and is liable on conviction to a ï¬ne or to imprisonment for a period not exceeding 10 years or to both a ï¬ne and that imprisonment.
Regulations 271E.
This Act is called the Criminal Procedure Amendment Act, 2008, and comes into operation on a date ï¬xed by the President by proclamation in the Gazette.
Different dates may be ï¬xed in respect of different areas in the Republic.
<fn>GOV-ZA.31923178En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.31934193En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.31999277En.2012-02-10.en.txt</fn>
Vol. 525 Cape Town 10 March 2009 No.
No. 4 of 2009: Broadcasting Amendment Act, 2009.
[] Words between brackets, in bold print, indicate omissions from current provisions. Words underlined indicate new insertions.
To amend the Broadcasting Act, 1999, so as to delete ''frequency planning'' as one of the ï¬elds of qualiï¬cations, expertise and experience which the members of the Board of the South African Broadcasting Corporation Limited must have when viewed collectively; to provide for the removal of a member of the Board from office and for the resignation of a member; to make provision for a resolution of the National Assembly calling for the removal of a member and for the dissolution of the Board; to provide for the appointment of an interim board; and to provide for matters connected therewith.
Amendment of section 13 of Act 4 of 1999, as amended by section 14 of Act 64 of 2002 1.
''(a) be persons who are suited to serve on the Board by virtue of their qualiï¬cations, expertise and experience in the ï¬elds of broadcasting policy and technology, broadcasting regulation, media law, [frequency planning,] business practice and ï¬nance, marketing, journalism, entertainment and 10 education, social and labour issues.''.
Substitution of section 15 of Act 4 of 1999 2.
''Removal from office and resignation of member 15 15.
may remove a member from [the] office on account of misconduct or inability to perform his or her duties efficiently after due inquiry and upon recommendation by the Board; or must remove a member from office after a ï¬nding to that effect by a 20 committee of the National Assembly and the adoption by the National Assembly of a resolution calling for that member's removal from office in terms of section 15A.
A non-executive member of the Board may resign by three months' written notice addressed to the appointing body, provided that the appointing body may on good cause shown allow a shorter period.''.
Insertion of section 15A in Act 4 of 1999 3.
failure to disclose an interest in terms of section 17 or voting or attendance at, or participation in, proceedings of the Board while having an interest contemplated in section 17; and his or her becoming disqualiï¬ed as contemplated in section 16.
carrying out its duties as contemplated in section 13(11).
must dissolve the Board if the resolution recommends the removal of all the members of the Board.
Upon the dissolution of the Board contemplated in subsection (2)(c), the appointing body must appoint an interim Board consisting of the persons referred to in section 12(b) and ï¬ve other persons recommended by the National Assembly.
The interim Board must be appointed within 10 days of receiving such recommendations and is appointed for a period not exceeding six months.
The appointing body, on the recommendation of the National Assembly, must designate one of the members of the interim Board as the chairperson and another member as the deputy chairperson, both of whom must be non-executive members of the interim Board.
A quorum for any meeting of the interim Board is six members.''.
This Act is called the Broadcasting Amendment Act, 2009.
<fn>GOV-ZA.31En.2012-02-10.en.txt</fn>
The national Coat of Arms is the State emblem and is the Republic of South Africa's highest visual symbol. It is what differentiates us from other countries and is an identity that reflects a unique history in addition to embracing the future.
<fn>GOV-ZA.31May2011En.2012-02-10.en.txt</fn>
Health MEC Hon Sicelo Gqobana officially handed over the R1,6 billion worth project to upgrade the Cecilia Makhiwane Hospital at a Sod Turning ceremony in Mdantsane on the 31st of May 2011.
The project which came into being in 2006 after the department requested Coega Development Corporation to come up with a business plan to upgrade the hospital, and this CDC had to do it in one week.
Dr Mabula from Coega described the excitement that the project brought to them as they started to prepare the business plan. "It was a Friday afternoon when we got that call but we had a meeting right away", said Dr Mabula.
The project which has been divided into phases is now in its fourth phase of seven and is scheduled for completion in 2013.
Dr Mabula also announced that out of the three companies chosen for the project, two are local companies, which is indeed very exciting.
MEC Sicelo Gqobana said the reason behind entering into a partnership with Couga is mainly because the department ought to revamp institutions like Cecilia Makiwane. "We will not rest until CMH is built into a modern hospital and primary healthcare is rendered efficiently", the MEC said.
The purpose of the revamp is to serve the people of Mdantsane using the department as a tool.
Mawande Naki who is a member of the hospital board and as well as organized labour extended a word of gratitude to the MEC and the department for the project, "we are indeed very thankful of this intervention made to improve the institution and the lives of the people of Mdantsane", Naki said.
"If there was ever a time we have to say thank you to the people of Mdantsane for sacrificing everything for the struggle, now is the moment", Gqobana said.
<fn>GOV-ZA.31august20061En.2012-02-10.en.txt</fn>
Each month economists carefully evaluate releases of consumer price indices. These both record what is happening to prices in the economy and influence decisions made on remuneration levels and interest rates.
In collecting the data necessary to calculate the consumer price index (CPI), Statistics SA staff obtain prices for products available for sale in retail stores by directly observing and recording these prices at the store where the sale takes place.
In the past, price information was collected through questionnaires completed by store managers or the head offices of retail chains. This new direct collection method has had a negligible impact on the trend or the level of the indices published. However, it does provide more control in situations where goods have been subjected to physical change, or discontinued and replaced by equivalent products.
All other elements required to compile the CPI, such as the basket of goods and services and their relative importance, have remained.
The introduction of this direct collection method for retail goods brings the CPI into line with the practice of most other countries. The new method provides greater opportunity to assure the quality of the price data used in the CPI.
Field workers can ensure that the prices reported are the same as the prices paid by consumers and that that the prices of the same items are being monitored each month.
Yesterday Stats SA announced that the official inflation rate (the percentage change in the CPI for the historical metropolitan areas this year compared with the same month last year) was 5 percent in July. This was 0.1 percentage points higher than the corresponding annual rate of 4.9 percent in June.
The rise in CPI for housing, which increased from 3.8 percent in June to 4.
The CPI rate for fuel and power, which increased from 0.9 percent in June to 6.6 percent in July.
Annual increases in the indices for food (1.7 percentage points) and transport (1.4 percentage points), remain key drivers of inflation on a year-on-year basis. Other drivers include housing (0.9 percentage points), medical care and health expenses (0.5 percentage points) and education (0.3 percentage points).
These increases were slightly counteracted by annual decreases in the price indices for clothing and footwear (minus 0.2 percentage points), furniture and equipment (minus 0.1 percentage points) and household operation (minus 0.1 percentage points).
The annual percentage change in the CPI, excluding interest rates on mortgage bonds (CPIX, which is the Reserve Bank's measure for inflation targeting), was 4.9 percent for July. This was 0.1 percentage points higher than the corresponding annual rate of 4.8 percent for June.
The increase in the CPIX for the historical metropolitan and other urban areas was mainly due to relatively large annual contributions in the price indices for food (1.8 percentage points), transport (1.2 percentage points), housing excluding interest rates on mortgage bonds (0.6 percentage points), medical care and health expenses (0.6 percentage points), education (0.4 percentage points), alcoholic beverages (0.2 percentage points) and fuel and power (0.2 percentage points).
These annual increases were slightly counteracted by annual decreases in the price indices for clothing and footwear (minus 0.2 percentage points), household operation (minus 0.1 percentage points), furniture and equipment (minus 0.1 percentage points) and communication (minus 0.1 percentage points).
Yesterday Stats SA also reported that the CPI for administered prices in July for the historical metropolitan areas compared with those in July last year rose 9.8 percent. This was 0.4 percentage points higher than the corresponding annual rate of 9.4 percent in June.
The annual increase in administered prices was mainly due to relatively large annual contributions in the price indices for petrol (7 percentage points), school fees (1 percentage point), electricity (0.9 percentage points), water tariffs (0.6 percentage points), tertiary fees (0.5 percentage points) and assessment rates (0.5 percentage points).
These annual increases were slightly counteracted by annual decreases in the price indices for telephone call rates (minus 0.4 percentage points), cellphone call rates (minus 0.2 percentage points) and public hospitals (minus 0.1 percentage points).
Stats SA also released the CPIX for administered prices in July, which came in at an annual increase of 8.9 percent. This was 0.5 percentage points higher than the corresponding annual rate of 8.4 percent in June.
Although economists and policy makers tend to focus on the official inflation rate and CPIX for the historical metropolitan areas, a number of related price indices are computed monthly. These include administered prices in metropolitan areas, as well as CPI, CPIX and administered price indices for rural areas, the total country and food.
<fn>GOV-ZA.31january20081En.2012-02-10.en.txt</fn>
Registration form (86.
<fn>GOV-ZA.31mar20051En.2012-02-10.en.txt</fn>
Each month, Statistics South Africa publishes a number of price indices, including the consumer price index (CPI) and producer price index.
The CPI includes a number of indicators, covering headline inflation, inflation in rural areas and food inflation. These all carry the status of official statistics.
In addition to the indices being published, Stats SA has for some time been preparing to release a monthly consumer price index for administered prices. The results have been published monthly as a discussion document, released at the same time as the official monthly statistics.
There are different views on how to define the concept of administered prices, and which goods and services should be included in the basket that constitutes administered prices.
Yesterday the discussion paper on administered prices for February was published, and provided considerable detail on one of the approaches being considered. This regards administered prices as a broad concept, consisting of two components: those prices that are regulated and those that are not regulated.
On this approach, an administered price can be defined as the price of a product that is set consciously by an individual producer or group of producers and/or any price that can be determined or influenced by the state, either directly or through any government agency or institution, without reference to market forces.
Regulated prices, which are a subset of administered prices, are monitored and controlled by government policy. Price regulation does not necessarily imply the presence of an economic regulator, but there is a restriction on the extent to which prices may vary, depending on the government's policy objective.
The basket of goods and services where prices are administered includes areas such as housing, fuel and power, medical care, communication, education and transport.
These can, in turn, be broken down into a basket of administered prices that are regulated, such as the price of petrol, and a basket of goods and services that are not regulated, such as the price of public transport and motor licences.
The weights of each of these goods or services denote the relevant importance of the indicator product. The weight of a product is calculated by dividing the total expenditure by households on that product by the total expenditure on all goods and services by households.
The total weight for the basket of administered prices in the CPI for the whole country is significant (17.23 percent). The individual product that is the highest weight of the administered prices is petrol (4.29 percent for the CPI and 4.72 percent for CPIX).
The discussion paper on administered prices for February indicates that the annual percentage change in administered prices is higher than the overall percentage change in CPI.
For the period February 2004 to February 2005, the increase in CPI for administered prices is 5.7 percent for the whole country; for the historical metropolitan areas, it is 6 percent. By comparison, the overall CPI for the historical metropolitan areas increased by 2.6 percent.
The development of an official index for administered prices will be an important addition to the suite of price indicators, and is likely to be completed soon. Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, including the latest discussion paper on administered prices, visit www.statssa.gov.
<fn>GOV-ZA.31may20071En.2012-02-10.en.txt</fn>
On Tuesday, Statistics South Africa (Stats SA) reported that seasonally adjusted real gross domestic product (GDP) at market prices for the first quarter of this year increased by an annualised rate of 4.7 percent from the fourth quarter of 2006.
The corresponding real annualised economic growth rates for the four quarters of 2006 were 5 percent, 5.5 percent, 4.5 percent and 5.6 percent, respectively.
The finance, real estate and business services industry (1.
The manufacturing industry (0.
The wholesale and retail trade, hotels and restaurants industry and construction industry (each contributing 0.
The transport and communication industry (0.
The general government sector (0.5 percentage point).
Growth in the construction industry for the quarter, at 21.3 percent, was the highest recorded since the first quarter of 1989. The major driver was non-residential construction.
This includes building activities at airports, the Richards Bay terminal, site preparation for the 2010 soccer World Cup and the Gautrain.
Expenditure on infrastructure by Eskom is another key contributor to growth in the construction sector.
Following an increase of 4.6 percent in the fourth quarter of 2006, the seasonally adjusted real value added by the mining and quarrying industry fell at an annualised rate of 7.8 percent during the first quarter of 2007. This slowed growth by 0.5 percentage point.
Mining is the only sector for which a negative growth rate was estimated on an annualised basis. Growth in both the gold and platinum sub-sectors declined for the quarter, while an increase was recorded for coal.
By sector, primary industries recorded negative value- added growth for the first quarter (-4.4 percent), while secondary industries recorded growth of 6.9 percent and the tertiary sector (5 percent).
In terms of relative size, finance, real estate and business services were the largest sector of the economy in the first quarter of 2007 (19.8 percent), followed by manufacturing at 16.4 percent, and wholesale and retail trade, hostels and restaurants (14 percent).
Electricity, gas and water accounted for just 2.1 percent of the economy.
Yesterday it was reported that growth in the consumer price index (CPI) for April was 7 percent. Growth in CPIX, the Reserve Bank's inflation target measure, which excludes mortgage costs, was 6.3 percent, its highest rate since July 2003 when it was 6.6 percent.
Food and petrol prices have been the primary drivers of consumer inflation over the past few months. During April, retail fuel prices increased by 69c per litre, or 11.7 percent.
While year-on-year increases in grain and meat prices have been hovering around 10 percent for several months, it was price increases in fruits, vegetables, fats and oils that have driven inflation higher this month.
Food inflation, is at 8.4 percent this month. The transport index, which includes petrol, increased by 7.7 percent year on year in April.
Last week I noted that a programme of ongoing improvements in the quality of the CPI was well under way.
This included revising the basket of products used to measure price changes; modernising the system for product classification; and conduction a reweighting of the categories of goods, so that the impact on price changes can be measured relative to changes in other categories of goods.
Revisions to the geographical reporting basis of the CPI is another area of improvement. Yesterday's CPI publication, containing data for April 2007, contains changes with regard to some of the places in which price data is collected.
Over the past nine months, Stats SA has conducted research to establish which towns and cities in South Africa have the highest potential levels of consumer expenditure.
Today sees the release of the producer price index for April, which measures inflation at the factory gate; and data on liquidations and insolvencies, electricity generation and distribution, and tourism accommodation.
All of these provide indicators of the state and performance of the economy.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, including the latest data on mining and manufacturing, visit www.statssa.gov.
<fn>GOV-ZA.32000278En.2012-02-10.en.txt</fn>
No. 59 of 2008: National Environmental Management: Waste Act, 2008.
<fn>GOV-ZA.32031306En.2012-02-10.en.txt</fn>
STAATSKOERANT, 23 MAART 2009 No.
MERCHANT SHIPPING ACT, 1951 (ACT No.
The Minister of Transport intends to make the Regulations in the Schedule under section 356 of the Merchant Shipping Act, (Act No. 57 of 1951).
For the attention of Mr. Terrence Mabuela Tel: 012 309 3070, Fax 012 309 3124, E-mail: mabuelat@dot.gov.za Closing date: 30 April 2009
Words underlined with a solid line indicate insertions in eXisting enactments.
To amend the Merchant Shipping Act, 57 of 1951, so as to rectify the lacunae and to enhance the effectiveness of various procedures and processes in the Merchant Shipping Act, 57 of 1951.
Amendment of section 9 of Act 57 of 1951 1.
Republic until he has provided security in an amount and form to be determined by the Authority, but such amount not to exceed R1 000000.
STAATSKOERANT, 23 MAART 2009 No. 32031 operator of such ship has established security to ~he satisfaction of the Authority to cover the living expenses of such person whilst he remains in South Africa.
(Jl who has been required to establish security in terms of paragraph (x) of subsection (1).
Jl shall, if it is in cash.
(jjjJ.
(M shall be returned to such person together with any applicable interest should he return to the Republic as contemplated in subsection (ix).
IiJJl shall be returned to the person who provided the security, together with any applicable interest and after using so much as necessary pursuant to sub-paragraph bb.
f.f1 electronic and magnetic recording and video tapes, including information from a voyage data recorder or any other recording system whatsoever relating to all relevant periods preceding, during and after the accident.
{.f!.l all documents or other records which might reasonably be considered pertinent to the accident, are kept and that no alteration is made to any recordings or entries in them.
@1 all information from a voyage data recorder or any other recording system whatsoever relating to the circumstances of an accident is saved and preserved, in particular by taking steps, where necessary, to prevent such information from being overwritten; and illl any other equipment which might reasonably be considered pertinent to the investigation of the accident is so far as practicable left undisturbed.
m The persons referred to in paragraphs (1) and (2) are@1 the master or, if he has not survived, the senior surviving deck officer (as defined in the Safe Manning Regulations 1999), and il2l the ship's owner, unless he has ascertained to his satisfaction that the master or senior surviving officer has taken the action in question.
fl2l the Authority or a proper officer or surveyor carrying out the investigation gives written notification that he no longer reguires them.
if directed to do so by or on behalf of a proper officer or surveyor in terms of sub-section (viii) of paragraph (1) of section 9.
@ A proper officer or surveyor may, pending investigation, prohibit persons from gaining access to, or interfering with, any ship, ship's boat or other equipment involved in an accident.
ill A proper officer or surveyor may take into his possession original documents referred to in paragraph (1) and retain same as long as a vessel is detained by the Authority and may make copies of and retain any document referred to in paragraph (1) and, subject to any applicable rules of evidence, tender same in evidence at any preliminary enquiry, court of marine enquiry or maritime court which may be convened in terms of this Act.
Amendment of section 269 of Act 57 of 1951, as amended by section 49 of Act 40 of 1963, substituted by section 23 of Act 42 of 1969, amended by section 4 of Act 24 of 1974 and substituted by section 19 of Act 18 of 1992 3.
If a court of marine enquiry finds that any master or member of the crew is incompetent or has been guilty of any act of misconduct, or that loss, abandonment or stranding of or serious damage to any ship or loss of life or serious injury to any person has been caused by the wrongful act or default of any master [or]. l.
R20 000 upon him or reprimand him or impose a fine not exceeding R1 000000 upon the owner of the ship or reprimand the owner.
Subsection (1) shall apply in respect of masters or members of the crew or owners of all ships which are registered or licensed in the Republic or which are in terms of this Act required to be so licensed, and in respect of masters or members of the crew of ships registered in a country other than the Republic only if those ships are wholly engaged in plying between ports in the Republic or in respect of owners of ships registered in a country other than the Republic if such owners are resident or have a principal place of business within the Republic.
Insertion of section 269 (3), (4) and (5) in Act 57 of 1951 4.
m Any obligation or sanction imposed by this section or section 270 upon any owner of a ship shall be imposed also upon any person (other than the owner) who is responsible for the fault of the ship; and in any case where. by virtue of any charter or lease, or for any other reason, the owner is not responsible for the navigation and management of the ship, this section and section 270 shall be construed to impose any such obligation or sanction upon the chartere.r or other person for the time being so responsible, and not upon the owner.
ill For the purposes of this section and of section 270, the word "owner" in relation to a ship shall include any bareboat or other charterer, any person interested in or in possession of such ship, and a manager or operator of such ship.
{§2 The powers vested in a court of marine enquiry pursuant to this section shall in no way vest that court of marine enquiry with criminal jurisdiction.
Amendment of section 270 of Act 57 of 1951 5.
"(e) any loss of life or any serious injury to any person has occurred on board a South African ship at or near that place[,] : or".
Insertion of section 270 (f) in Act 57 of 1951 6.
"ffl any allegation is made to him that the actions or omissions of any owner of any ship have in any way contributed directly or indirectly to such loss, abandonment or stranding of or serious damage to any ship or loss of life or serious injury to any person,".
Amendment of section 273 (b) of Act 57 of 1951, as substituted by section 24 of Act 42 of 1969, and by section 5 of Act 24 of 1974 7.
"(b) if unanimous that any master or ship's officer of a South African ship is incompetent or has been guilty of any act of misconduct, or that loss, abandonment or stranding of or serious damage to any ship or loss of life or serious injury to any person has been caused by the wrongful act or default of any master or ship's officer or owner of a South African ship, suspend the certificate of competency or service of that master or ship's officer for a stated period, or, whether or not the master or ship's officer holds a certificate of competency or service, prohibit his employment in any stated capacity in a ship for a stated period or reprimand him[.] or reprimand the owner, as the case may be;".
Amendment of section 283 of Act 57 of 1951, as substituted by section 25 (b) of Act 42 of 1969, and by section 20 of Act 18 of 1992 8.
"(1) If at an investigation by a court of marine enquiry or a maritime court it is alleged or suggested that the conduct of any person has amounted to [a punishable] an act or omission which is punishable under any of the provisions of this Act, that person shall be given a reasonable opportunity for making a defence."
This Act is called the Merchant Shipping Amendment Act, 2009, and commences on a day fixed by the President by proclamation in the Gazette.
This Bill amends the Merchant Shipping Act 57, 1951 (Act NO.7 of 1951). The Bill's purpose is to rectify the lacunae and to enhance the effectiveness of various procedures and processes in the Court of Marine Enquiry proceedings. The several amendments are dealt below, in the order in which they appear in the Bill.
Clause 1 inserts new section 9 (viii), (ix), (x), (xi), 2 (f), (g), (h), (i) and G) into the principal Act: Subsection (viii) directs a person not to destroy or amend documents or items of evidence; (ix) requires foreign witnesses to sign an undertaking; (x) prevents foreign witnesses from leaving the country without providing security; (xi) prevents the ship to sail if its crew or operator failed to provide security; 2 (f) requires the holder of item/s to preserve such items; (g) prescribing forms to be signed for an undertaking; (h) requires a witness whose expenses have been paid to attend the enquiry as prescribed; (i) regulates security paid in cash; G) regulates how security paid in cash be treated when a witness is still abroad and also on his/her first sitting.
With regard to (x), the proposed security bond of R1,OOO, OOO amount has been determined in order to ensure that the amount is meaningful and ship owners will not be tempted to forfeit the bond. If the bond is forfeited and the witness does not appear for a hearing, this will hamper the work of the Court. In relative terms the amount is less than one day's charter hire for a Cape-sized vessel.
Clause 2 inserts new section 9A into the principal Act which regulates the preserving of evidence.
Clause 3 amends section 269 of the principal Act to extend the scope of application and adjust fines.
Subsection (3) extends the obligation and sanction imposed to a person other than the ship owner; (4) defines "owner" which includes a person other than the ship owner; (5) sets out limits of the enquiry.
Clause 5 amends section 270 of the principal Act to make drafting change.
Clause 6 inserts section 270 (f) into the principal Act to cover omissions and actions by the ship owner.
Clause 7 amends section 273 (b) of the principal Act by extending the scope of application to include the ship owner.
paragraph (b) extends the scope of application in sUbsection (2) to cover ship owners.
Clause 9 is a standard provision dealing with the short title and commencement of the enactment.
<fn>GOV-ZA.32064366En.2012-02-10.en.txt</fn>
Vol. 525 Cape Town 26 March 2009 No.
No. 8 of 2009: Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Act, 2009.
<fn>GOV-ZA.32065367En.2012-02-10.en.txt</fn>
Constitution Sixteenth Amendment Act of 2009.
<fn>GOV-ZA.32086391En.2012-02-10.en.txt</fn>
No. 2 of 2009: Bible Society of South Africa Act Repeal Act, 2009.
<fn>GOV-ZA.32087392En.2012-02-10.en.txt</fn>
No. 6 of 2009: Second-Hand Goods Act, 2009.
CONTROLLED METALS 10 25.
In this Act, unless the context indicates otherwise- ''accreditation'' means accreditation by the National Commissioner in terms of section 17; ''acquire'' means acquire by any means, and includes importing into the Republic; ''antique'' means goods representing a previous era in human society and which are collected or desirable because of age, rarity, condition, utility or other unique features; ''business trust'' means a trust created for the purposes of making a proï¬t through the combination of capital contributed by the beneï¬ciaries of the trust and through the administration or management of the capital by trustees or a person acting on behalf of those trustees, for the beneï¬t of the beneï¬ciaries; ''certiï¬cate'' means a certiï¬cate of registration issued and in force under this Act, and includes any amendment thereof; ''charity organisation'' means a voluntary organisation established for charitable purposes, that carries on a business in dealing in second-hand goods and that acquires such second-hand goods by way of donation; ''close corporation'' means a close corporation within the meaning of the Close Corporations Act, 1984 (Act No. 69 of 1984); ''company'' means a company within the meaning of the Companies Act, 1973 (Act No. 61 of 1973); ''communication equipment'' means any wireless mobile communication equipment with IMEI capable of using SIM, including cellular telephones, telephones and two-way radios, and includes accessories of such equipment; ''controlled metal'' means any metal contemplated in Schedule 2; ''dealer'' means a person who carries on a business of dealing in second-hand goods, and includes a scrap metal dealer and a pawnbroker; ''dealers' association'' means an association of dealers formed in order to represent the interests of dealers; ''deal in'' includes acquire and dispose of; ''Designated Police Officer'' means any police official to whom the National Commissioner delegates any function in terms of section 38(2); ''dispose of'' means dispose of by any means, and includes exporting out of the Republic; ''goods'' means any of the goods speciï¬ed in Schedule 1, but does not include ï¬rearms or ammunition as deï¬ned in the Firearms Control Act, 2000 (Act No.
Credit Act, 2005 (Act No. 34 of 2005); ''pawned goods'' means any movable goods subject to a pledge; ''person'' includes a trust and a business trust; ''police official'' means a member of the South African Police Service as deï¬ned in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995); ''premises'' includes land, any building, structure, vehicle, conveyance, ship, boat or aircraft; ''precious metals'' means precious metals as deï¬ned in the Precious Metals Act, 2005 (Act No. 37 of 2005); ''prescribe'' means prescribe by regulation made in terms of section 41; ''previous Act'' means the Second-Hand Goods Act, 1955 (Act No. 23 of 1955); ''recycle'' means to melt, smelt, granulate, shred, dismantle, sort, grade, cut or prepare, either by hand or by the use of specialised plant, machinery and equipment, for use by consuming works such as foundries, mills, smelters, reï¬ners and manufacturers; ''recycler'' means a person who carries on the business of recycling scrap metal; ''registers'' means registers prescribed in terms of this Act, and includes a print-out of registers kept electronically; ''second-hand goods'' means goods which have been in use by a person other than the manufacturer or producer thereof or a person dealing therewith for such manufacturer or producer in the course of business, but does not include goods with a value of less than R100; ''scrap metal'' includes any used, broken, worn out, defaced or partly manufactured goods made wholly or partly of non-ferrous or ferrous metal, lead or zinc or any substance of metallic waste or dye made of any of the materials commonly known as hard metals or of cemented or sintered metallic carbides; ''scrap metal dealer'' means a person who carries on a business that consists wholly or partly of the buying or selling of scrap metal; ''SIM'' means Subscriber Identity Module; ''Subscriber Identity Module'' means an independent, electronically activated device designed for use in conjunction with the use of mobile, including cellular or satellite communication equipment, to enable the user of the equipment to receive and transmit indirect communications by providing access to telecommunication systems and enabling such telecommunication systems to identify the particular subscriber identity module and its installed information; ''this Act'' includes any regulations made in terms of section 41; ''valuables'' means personal possessions that have a signiï¬cant monetary value.
determine that speciï¬c sections of this Act do not apply to certain types or categories of second-hand goods mentioned in Schedule 1 or 2.
Every person who carries on a business as a dealer must be registered.
A person other than a natural person may only be registered if a natural person, who is not disqualiï¬ed in terms of this Act to be registered, is appointed to manage, and be responsible for, the business of the dealer, as the case may be.
A person contemplated in subsection (2) is subject to the same obligations and liabilities as the registered dealer, as the case may be.
(a) An application for registration must be made to the National Commissioner and must be accompanied by the prescribed documents.
The National Commissioner may require the applicant to provide further information necessary for processing the application.
If an applicant intends to conduct business from more than one premises, or where second-hand goods are stored on additional premises, such applicant must apply for registration in respect of each of those premises.
Subject to section 14, the National Commissioner may, after consideration of the application and upon the applicant complying with all the requirements, register the applicant as a dealer.
the postal address, if any, used by the applicant for business purposes; and any other prescribed information.
The National Commissioner may require the applicant to furnish additional information or particulars, and may require that the applicant's ï¬ngerprints be taken.
the full name and identity number of every partner in the partnership, in the case of a partnership; and any other prescribed information.
The National Commissioner may require a natural person involved in the management of the applicant, including the person contemplated in section 2(2), to furnish additional information or particulars and may require that the person's ï¬ngerprints be taken.
If a dealer fails to comply with the requirements for an application, the National Commissioner must refuse the application and inform the dealer of that fact.
give the dealer 30 days to submit written representations as to why the National Commissioner should not make the intended decision; and duly consider any such representations and the facts pertaining to the matter.
The National Commissioner must notify the dealer in writing of any decision taken under this section and state the reasons for and the date on which the decision takes effect in such notice.
subject to such of the prescribed conditions as the National Commissioner may impose.
The National Commissioner must issue a certiï¬cate for each premises on which the dealer may conduct business.
If a person other than a natural person carries on business as a dealer, the certiï¬cate must be issued in the name of the person contemplated in section 2(2).
Registration does not exempt a dealer from having to comply with the provisions of any other law.
Registration remains valid for a period of ï¬ve years from the date the certiï¬cate is issued.
there is a change in the control or ownership of the dealer; or there is any change that impacts on the ability of the dealer to meet all or any of the requirements for its registration in terms of this Act.
The National Commissioner must, after consideration of the notice contemplated in subsection (1) and upon being satisï¬ed that the holder of the certiï¬cate still complies with all the requirements of this Act, amend the certiï¬cate of registration.
The National Commissioner must issue an amended certiï¬cate of registration, reï¬ecting all changes, to the dealer.
Upon receipt of the amended certiï¬cate, the dealer must immediately hand all previous certiï¬cates relating to the registration to the police official handing over the amended certiï¬cate.
The National Commissioner may limit or vary any or all of the conditions of registration if there is a change in the circumstances of a registered dealer requiring a limitation or variation.
give the dealer 30 days to submit written representations as to why the National Commissioner should not limit or vary the conditions of registration; and duly consider any such representations and the facts pertaining to the matter.
in the event that the dealer stops trading or is unable to carry on business in terms of this Act or any other law; or upon cancellation in terms of subsection (3).
If a dealer stops trading or is unable to carry on business in terms of this Act or any other law contemplated in subsection (1)(b), such dealer must immediately notify the National Commissioner.
is registered on the basis of incorrect or false information; or is convicted of an offence of which dishonesty is an element.
give the dealer 30 days to submit written representations as to why his or her registration should not be cancelled; and duly consider any such representations and the facts pertaining to the matter.
The National Commissioner must notify the dealer in writing of any decision taken under this section and state the reasons for and the date on which cancellation takes effect in such notice.
hand all certiï¬cates relating to the registration to the police official serving the notice contemplated in subsection (5); or return all certiï¬cates to the National Commissioner in the event of termination contemplated in subsection (1)(a) or (b).
A registered dealer who intends to renew registration must apply for renewal not more than 180 days and at least 90 days before the date of termination of registration.
An application for renewal of registration must be made to the National Commissioner in the prescribed manner.
If an application for the renewal of registration has been lodged within the period provided for in subsection (1), registration remains valid until the application is decided.
Subject to subsection (2), a certiï¬cate issued in terms of this Act may not be transferred.
A registered dealer who wishes to transfer the business to which the registration relates, may only transfer such business to another registered dealer.
The certiï¬cate of the dealer transferring the business must be surrendered to the National Commissioner upon the issue of a new certiï¬cate.
If a registered dealer dies, is declared by any court to be incapable of managing his or her own affairs or becomes mentally ill as contemplated in the Mental Health Care Act, 2002 (Act No. 17 of 2002), or if the estate of such dealer is sequestrated or if such dealer is liquidated, the executor, curator, administrator, trustee or liquidator of such person, as the case may be, may, subject to any law relating to deceased estates, mental health or insolvency, during the currency of the certiï¬cate of registration and without formal transfer of the certiï¬cate, conduct the business in question on such premises, either personally or through an agent approved by the National Commissioner in writing.
For the period pending the appointment of such executor, curator, administrator, trustee or liquidator, the person managing the affairs of the dealer concerned must, for the purposes of this subsection, be regarded as being such a dealer's executor, curator, administrator, trustee or liquidator, as the case may be.
for such period as may be prescribed; and subject to prescribed conditions.
The National Commissioner may at any time withdraw temporary registration if any condition contemplated in subsection (1)(b) is not complied with.
has in the preceding ï¬ve years, in the Republic or elsewhere, been sentenced to imprisonment without the option of a ï¬ne in respect of any offence of fraud, theft or corrupt activities as referred to in the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), or any contravention of the Corruption Act, 1992 (Act No.
does not permanently reside in the Republic; or is by virtue of any other law disqualiï¬ed from carrying on a business.
is a partner in that partnership; or is a beneï¬ciary under that trust.
For the purposes of subsection (1)(a) and (b), ''preceding'' means preceding the date of the application in question.
displayed in a prominent place clearly visible to the public on the premises for which such certiï¬cate has been issued; and maintained in such a state that it can be produced undamaged and in a legible condition.
assist its members with research and development regarding matters of interest; and advise the National Commissioner, when requested to do so by the National Commissioner, on industry standards and technological developments in the industry which may affect the application of this Act.
The National Commissioner may accredit a dealers' association in the prescribed manner.
Different criteria may be prescribed in respect of the accreditation of different types of associations, which the National Commissioner must apply when issuing an accreditation.
capacity to perform functions in terms of this Act; and capacity to advance the purposes of this Act.
The National Commissioner must refuse to accredit a dealers' association if the dealers' association concerned has not complied with all the requirements for accreditation.
give the dealers' association 30 days to submit written representations as to why the National Commissioner should not make the intended decision; and duly consider any such representations and the facts pertaining to the matter.
The National Commissioner must notify the dealers' association in writing of any decision taken under this section and state the reasons for and the date on which the decision takes effect in such notice.
The National Commissioner may cancel an accreditation if there is non-compliance by the dealers' association concerned with any criterion for accreditation.
give the dealers' association 30 days' notice in writing to submit written representations as to why the National Commissioner should not cancel accreditation; and duly consider any representations received, and all the facts pertaining to the matter.
keep a register of all members in the prescribed form; and submit an annual report to the National Commissioner containing such information as may be prescribed.
Section 28 applies with the necessary changes in respect of an association.
Unless otherwise provided in this Act, a dealer must keep a register in the prescribed form and record in the register the prescribed particulars regarding every acquisition or disposal of second-hand goods.
the name and signature of the person who conducted the transaction on behalf of the dealer; and the date and time of the transaction, the date on which the second-hand goods were sold or an account of how and when the second-hand goods were otherwise disposed of.
If the certiï¬cate of registration in question is issued with a condition which requires separate registers, such separate registers must be kept in respect of the acquisition and disposal of different classes of second-hand goods.
A person acquiring second-hand goods from, or disposing of goods to, a dealer, must furnish such dealer with his or her full name, physical address and an original identity document or passport as proof of his or her identity.
A dealer must obtain and keep a copy of the identity document or passport contemplated in subsection (4).
A dealer must retain a register contemplated in subsection (1) and copies of the documents contemplated in subsection (4) for a period of not less than ï¬ve years, calculated from the date of the relevant transaction.
Every entry in a register in respect of an acquisition or disposal of second-hand goods must be made contemporaneously with the acquisition or disposal in question.
goods or goods for pawn, as the case may be, offered to such a dealer are stolen goods; or the appearance or aspects of an item offered to such dealer has been tampered with or there was an attempt to alter the appearance or aspects thereof in order to conceal the identity of the item, such dealer must immediately report the matter to a police official on duty at the police station in whose area the dealer carries on business.
Upon receipt of a report referred to in subsection (1), the police official involved must take down the report in the prescribed manner and immediately provide the person who made the report with the prescribed acknowledgement of receipt.
A person required to make a report in terms of subsection (1) concerning a suspicion that any other person intends to commit or has committed an offence in terms of this Act, may not continue with and carry out any transaction to which such a suspicion relates.
The police official taking down a report contemplated in subsection (2), must immediately provide the designated police officer with a copy of such report, together with any particulars regarding the registering of any investigation dockets arising from such report.
deliver goods acquired by him or her to a person or change the form or alter the appearance thereof until after the expiration date of a period of seven days from the date of acquisition thereof; or accept in pawn any ï¬rearms or ammunition as deï¬ned in section 1 of the Firearms Control Act, 2000 (Act No. 60 of 2000).
During the period contemplated in subsection (1)(d) or during any period that any pawned goods are subject to a pledge, the articles must be kept separate from all other goods of the same or similar kind and description.
Subject to section 21, a dealer dealing in second-hand motor vehicles must also record in the prescribed register the particulars regarding every acquisition or disposal of a motor vehicle contemplated in subsection (2).
the exterior and trim colour; and any distinguishing mark or feature, such as microdot particulars.
his or her original identity document or passport as proof of his or her identity; and proof of registration or deregistration of the motor vehicle.
A dealer must obtain and keep a copy of the identity document or passport contemplated in subsection (3) and must obtain and keep proof of registration or deregistration, as the case may be, contemplated in that subsection.
A dealer must retain the copies contemplated in subsection (4) for a period of not less than ï¬ve years, calculated from the date of the relevant transaction.
Every dealer who engages in the business of recycling any controlled metal, must apply to be registered as a recycler, in addition to having to be registered in terms of section 2.
The National Commissioner must, after consideration of the application and upon being satisï¬ed that the applicant complies with all the requirements, register the applicant as a recycler and issue the prescribed certiï¬cate.
such person is registered as a recycler; or in the case of precious metals, such a person is authorised to possess and recycle precious metals under the Precious Metals Act, 2005 (Act No.
acquire or dispose of any cable consisting of controlled metal of which the cover has been burnt, unless the seller thereof is able to provide a reasonable explanation for the burnt cover, and only after the matter has been reported to a police official in the manner contemplated in section 22(1)(a);or be in possession of any cable consisting of controlled metal of which the cover has been burnt, unless such person is able to provide a reasonable explanation for the burnt cover.
If a recycler suspects, or on reasonable grounds should suspect, that the appearance or aspects of any scrap metal offered to him or her has been tampered with or there was an attempt to alter the appearance or aspects thereof in order to conceal the identity of the scrap metal, such recycler must make a report contemplated in section 22(1)(c) which applies with the changes required by the context.
Subject to section 21 and any other applicable law, a dealer dealing in second-hand communication equipment must also record in the prescribed register the particulars regarding every acquisition or disposal of communication equipment contemplated in subsection (2).
the communication equipment's IMEI number, where applicable; and any other distinguishing mark or feature, including any serial number.
physical address; and original identity document or passport as proof of his or her identity.
A dealer must obtain and keep a copy of the identity document or passport contemplated in subsection (3).
A dealer must retain copies contemplated in subsection (4) for a period of not less than ï¬ve years, calculated from the date of the relevant transaction.
A police official, prior to exercising any power in terms of this Chapter, must identify himself or herself to the dealer, owner, employee or person in charge of the premises in question, and must produce his or her appointment certiï¬cate issued by the National Commissioner.
demand immediate discontinuation of the method; and afford the dealer a period of no more than seven days to rectify such method in order to ensure compliance with the Act.
The dealer, owner, employee or person in charge of premises contemplated in subsection (1) must assist the police official in the performance of his or her functions under this Act.
A police official must conduct at least one comprehensive annual inspection of each registered premises, during which the records contemplated in section 21(1) must be examined.
sign his or her name immediately after the last entry in that register, and append his or her number and rank and the date on which the inspection was conducted; or certify in the manner that the National Commissioner may from time to time direct, that the records were inspected.
against the issue of a written receipt, seize records, books, documents or electronic data-storing devices that may be used as evidence of a contravention of any provision of this Act; and seal or seal off the premises at, on or in which second-hand goods are found, in order to prevent a person from conducting business in contravention of this Act.
A police official may not enter upon or search any premises without audibly demanding admission to the premises and giving notice of the purpose of the entry, unless such police official is, on reasonable grounds, of the opinion that such demand and notiï¬cation will defeat the purpose of the search.
A police official contemplated in subsection (1) may use such force as may reasonably be necessary to overcome resistance to the entry or search.
Any entry and search in terms of subsection (1) may only be executed by day, unless the execution thereof by night is reasonable and justiï¬able.
a warrant would be issued to the police official if he or she applied for such warrant; and the delay in obtaining such warrant would defeat the purpose of the search.
Any goods seized in terms of this section must be dealt with in the manner contemplated in Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), which applies with the changes required by the context.
A person from whom any book, record or document has been taken may, at his or her own expense and under supervision of a police official, make copies thereof or excerpts therefrom.
A warrant to enter, search, seize and seal off premises must be issued by a magistrate or a judge of the High Court who has jurisdiction in the area in which the premises in question are situated, if it appears from information on oath or affirmation that there are reasonable grounds to believe that a provision of this Act has been or is being contravened.
the period for which the premises may be sealed off for purposes of section 29(1)(f), which may not exceed seven days; and whether the warrant authorises execution by night.
the purpose for which the warrant was issued no longer exists, whichever occurs ï¬rst.
The Minister may by notice in the Gazette, either generally or subject to such conditions as may be speciï¬ed in the notice, extend the powers contemplated in this Chapter to any person employed by a public entity contemplated in the Public Finance Management Act, 1999 (Act No. 1 of 1999), or any other statutory body if that person is a peace officer contemplated in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
the extent to and the conditions under which such powers are extended to such person; and the directives that are applicable to such person in the exercise of such powers.
contravenes or fails to comply with section 37; or contravenes or fails to comply with section 43(1), (2) or (3), is guilty of an offence.
Any person convicted of a contravention of or a failure to comply with any section mentioned in Column 1 of Schedule 3, may be sentenced to a ï¬ne or to imprisonment for a period not exceeding the period mentioned in Column 2 of that Schedule opposite the number of that section, or to both a ï¬ne and such imprisonment.
suspend or cancel any registration; and order that the second-hand goods that formed the subject of the charge against that person, be forfeited to the State.
A dealer who is aggrieved by any decision taken by the National Commissioner in terms of this Act may, in the prescribed manner, appeal to the Minister against that decision.
conï¬rm, set aside or amend the decision taken by the National Commissioner; or make such order with regard thereto as may be fair and practicable.
An application or notice contemplated in this Act must be lodged with the Designated Police Officer in whose station precinct the dealer, as the case may be, carries on business or stores any second-hand goods or intends to carry on business or intends to store any second-hand goods.
The manner of service of a notice or other document to be served on or given to a person in terms of this Act may be prescribed.
A document that is signed by a police official indicating that the service was effected in accordance with section 35(1) is, upon production in a court, prima facie evidence of service of the document.
If a certiï¬cate issued in terms of this Act is lost or stolen, the holder of the certiï¬cate must inform the National Commissioner within 30 days of the discovery of the loss or theft.
If a certiï¬cate issued in terms of this Act is defaced, lost or stolen, the holder of the certiï¬cate must within 30 days of the discovery of the defacement, loss or theft apply to the National Commissioner in the prescribed manner for a copy of the certiï¬cate.
The Minister may in writing delegate any function conferred upon the Minister under this Act, except a function referred to in section 33 or 41, to the National Commissioner or any other police official.
The National Commissioner may in writing delegate any function conferred upon him or her by this Act to any official in the service of the State or employed by a statutory body.
An official to whom a function has been delegated in terms of subsection (2) must perform the function subject to the control and directions of the National Commissioner.
The National Commissioner may, on good cause shown and on grounds which are not in conï¬ict with the objects of this Act, extend any period contemplated in this Act or condone any disqualiï¬cation contemplated in section 14.
Notwithstanding any law to the contrary, a magistrate's court has jurisdiction to impose any penalty provided for in this Act.
the times during which dealers may acquire and dispose of second-hand goods; and any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation and administration of this Act.
associations and dealers; and second-hand goods or premises.
A regulation made under subsection (1) may provide for a penalty, for any contravention thereof or for a failure to comply therewith, of a ï¬ne or imprisonment for a period not exceeding 12 months or to both a ï¬ne and such imprisonment.
Application of Act and Promotion of Administrative Justice Act, 2000 42.
any dealer who is a member of an accredited association to the extent that the Minister by notice in the Gazette exempts members of such an association from any or all of the provisions of this Act; or any charity organisation to the extent that the Minister by notice in the Gazette exempts such charity from any or all of the provisions of this Act.
The Minister may only exempt members of associations that are accredited by the National Commissioner and capable of introducing adequate levels of self-regulation in order to achieve the objects of this Act.
Any administrative process conducted, or decision taken, in terms of this Act must be conducted or taken in accordance with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), unless otherwise provided for in this Act.
(a) Any person who, immediately before the commencement of this Act, carried on business as a dealer must, within three months of the date of such commencement, apply for registration in terms of section 3.
If an application for registration has been lodged before the end of the period provided for in paragraph (a), the dealer concerned may continue carrying on the business in question, subject to subsections (2) and (3), until the application is decided.
A person contemplated in subsection (1) must enter into a transitional register all the second-hand goods or pawned goods, as the case may be, held by such person for such business purposes until his or her application in terms of section 4 is decided.
An entry referred to in subsection (2) must set out a full description of the second-hand goods in question, indicating the quantity and colour thereof, identiï¬cation marks and any other distinguishing features thereon and, in the case of controlled metal, its description and weight and the value thereof as estimated by the dealer concerned.
A Designated Police Officer or a police official authorised by the Designated Police Officer must endorse the last entry in the transitional register and on each page thereof of every dealer that applies for registration in terms of subsection (1).
The laws mentioned in the second column to Schedule 4 are hereby repealed to the extent set out in the third column of that Schedule.
This Act is called the Second-Hand Goods Act, 2009, and comes into operation on a date determined by the President by proclamation in the Gazette.
Jewellery, including unwrought precious metal as deï¬ned in the Precious Metals Act, 2005 (Act No. 27 of 2005).
Agricultural implements, including tractors, ploughs and harvesters, irrigation equipment or any part or accessory thereof.
Bicycles or any part or accessory thereof.
Household and office equipment.
Factory equipment and machinery or any part or accessory thereof.
Tyres of any vehicle or motorcycle.
Communication equipment or any part or accessory thereof.
Photographic or optical instruments or any part or accessory thereof.
Any controlled metal, or any wrought article, or any article or substance consisting wholly or principally of one or more of such metals.
Motor vehicle or any part or accessory thereof.
Vehicles or any part or accessory thereof.
Copper, aluminium, zinc, chrome, lead, white metal, nickel, tungsten, tin, ferrovanadium, ferrosilicon, ferrochrome, brass, bronze, cobalt and precious metals as deï¬ned in the Precious Metals Act, 2005 (Act No. 27 of 2005), or any article consisting wholly or principally of any of those metals.
<fn>GOV-ZA.32094352En.2012-02-10.en.txt</fn>
Farm No 942, situated in the Cape Registration Division, Western Cape Province, and measuring 72.7743 hectares in extent and held by Title Deed No.
The remaining extent of the farm No. 963 situated in the Cape Registration Division, Western Cape Province, measuring 69.9144 hectares in extent and held by Title Deed No.
The remaining extent of portion 3 of the farm Welcome Cottage , No 967 situated in the Cape Registration Division, Western Cape Province, measuring 7.0943 hectares in extent and held by Titie Deed No.
Farm 972 Title Deed No.
Farm 973 Title Deed No. =T372311956.
The farm name =Medusa 977.
Remainder of the farm No. 985 situated in the Cape Registration Division, Western Cape Province, measuring 3.8812 hectares in extent and held by Tit/eDeed No.
The Minister of Transport is hereby publishing the abovementioned draft Bill for public comments. Interested persons are requested to submit written comments on the abovementioned draft Bill by not later than 22 May 2009.
Comments should be posted to the Director-General. Department of Transport for the attention of Adv.
"Authority" means the South African Maritime Safety Authority established by section 2(1) of the South African Maritime Safety Authority Act, 1998 (Act No.
"this Act" includes the regulations made under section 12.
The Convention is the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, done at Brussels on 18 December 1971 as modified by the Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, done at London on 27 November 1992; and as affected by any amendment made under Article 33 of that Protocol and accepted by the Republic.
For this Act, the Fund has the same legal personality as a company incorporated under the Companies Act, 1973 (Act No. 61 of 1973), and, in particular, may sue and be sued.
For this Act, the Director of the Fund is its legal representative.
These provisions of the Convention have the force of law as part of the law of the Republic: Articles 1, 3, 4 and 6; paragraphs 1, 3, 5 and 6 of Article 7; Article 9; Article 35; Article 36 bis; paragraph (e) of Article 36 quarter; and Article 36 quinquies.
For paragraph (a)(i) of Article 3 of the Convention as so having the force of law, a reference to the territorial sea, in so far as it relates to the Republic, is taken to be a reference to the territorial waters of the Republic.
For paragraph (8)(ji) of Article 3 of the Convention as so having the force of law, a reference to the exclusive economic zone, in so far as it relates to the Republic, is taken to be a reference to the exclusive economic zone of the Republic within the meaning of section 7 of the Maritime Zones Act, 1994 (Act No. 15 of 1994).
For paragraph 7 of Article 4 of the Convention as so having the force of law, a request by the Authority is taken to be a request by the Republic.
Fund may intervene in proceedings under Merchant Shipping (Civil Liability Convention) Act, 2009 9.
In legal proceedings involving the Fund, evidence of any instrument issued by an organ of the Fund or of any document, or entry in or extract from any document, in the custody of the Fund may be given by producing, without further proof, a copy of the relevant instrument, document, entry or extract, as the case may be, certified as a true copy by an official of the Fund.
This Act is called the Merchant Shipping (International Oil Pollution Compensation Fund) Act, 2009.
1 PURPOSE OF BILL This Bill implements the 1992 Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (the Fund Convention). The Bill forms part of a package of measures designed to give effect to South Africa's obligations under the Fund Convention and the 1992 Protocol to the International Convention on Civil liability for Oil Pollution Damage, 1969 (the Civil Liability Convention). Parliament has already approved the two protocols under section 231(2) of the Constitution. The full package includes the Merchant Shipping (International Oil Pollution Compensation Fund) (Contributions) Bill, which is a Money Bill, and the Merchant Shipping (Civil liability Convention) Bill, which gives effect to the Civil liability Convention.
2.1 The Civil liability and Fund Conventions were adopted under the auspices of the International Maritime Organization (IMO). They deal with questions of liability and compensation for loss or damage caused by contamination resulting from the escape or discharge of persistent oil from tankers (Le. ships constructed or adapted for the carriage of oil in bulk as cargo).
2.2 Under the Civil Liability Convention claimants are entitled to compensation from the registered shipowner (or the provider(s) of financial security for the shipowner's liability) for pollution damage suffered in the territory (including territorial sea) or exclusive economic zone of a Contracting State. The shipowner's liability is strict (only limited exemptions and defences are available), but this liability is subject to limitation in accordance with the provisions of the convention. Where limitation applies, the shipowner's liability is determined with reference to the tonnage of the ship concerned, subject to an overall liability limit of SDR 89,770,000 (± ZAR 831.
2.3 Whereas the Civil Liability Convention establishes and regulates the liability of the registered shipowner, the Fund Convention establishes an international fund, called the International Oil Pollution Compensation (lOPC) Fund, the purpose of which is to pay compensation to victims of pollution damage (within the meaning of the Civil Liability Convention) where they have been unable to obtain compensation, or compensation in full, under the provisions of the Civil Liability Convention. The IOPC Fund receives its funds from cargo owners, specifically from persons who receive annually, in the ports or terminal installations of the Contracting States, more than 150,000 tonnes of contributing oil.
2.4 Because the Fund Convention is supplementary to the Civil Liability Convention, a state cannot become a party to the Fund Convention without, at the same time, also becoming a party to the Civil Liability Convention.
3.1 Clause 1 is a standard provision that defines certain expressions and deals with other matters of interpretation.
3.2 Clause 2 deals specifically with the meaning of the Fund Convention. It requires the Minister of Transport to give publicity to the Convention and its amendments by appropriate notification in the Gazette.
3.3 Clause 3 is a standard provision dealing with the enactment's application to the State and its organs.
3.4 Clause 4 is a standard provision dealing with the geographical application of the enactment. The clause provides for extraterritorial application, which is consistent with the Fund Convention, and specifically extends the enactment to the external territories of the Prince Edward Islands, which is consistent with section 4 (Limitation on future application of laws) of the Prince Edward Islands Act, 1948 (Act No. 43 of 1948).
3.5 Clauses 5 and 6 give effect to paragraph 2 of Article 2 of the Fund Convention; this paragraph requires Contracting States to recognise the lOPC Fund as a legal person under their laws and to recognise the Director of the Fund as its legal representative.
3.6 Clause 7 gives certain provisions of the Fund Convention the force of law; these provisions relate mainly to the IOPC Fund's liability to pay compensation. Subclauses (2) and (3) provide for the interpretation of references to territorial sea and exclusive economic zone in a manner that is consistent with the Maritime Zones Act. 1994 (Act No. 15 of 1994). Subclause (4) allows the South African Maritime Safety Authority, on behalf of the Government, to request assistance from the IOPC Fund for the purpose of responding to any pollution incident in respect of which the Fund may be called upon to pay compensation.
3.7 Clause 8 applies to claims for compensation against the IOPC Fund. It confirms the High Court's admiralty jurisdiction in relation to such proceedings.
3.8 Clause 9 gives effect to paragraph 4 of Article 7 of the Fund Convention; this paragraph allows the IOPC Fund to intervene in proceedings brought under Article IX of the Civil Liability Convention. Another Bill -the Merchant Shipping (Civil Liability Convention) Bill implements the Civil Liability Convention.
3.9 Clause 10 allows regulations about giving effect to Article 8 of the Fund Convention; this Article deals with the mutual recognition and enforcement of judgments in Contracting States. Subclause (2) confirms the power to make rules of court with respect to matters not provided for in the regulations.
3.10 Clause 11 deals with the way in which certain documentary evidence may be given in legal proceedings involving the IOPC Fund. It allows evidence of certain documents held or issued by the lope Fund to be given by production of a copy that has been certified as a true copy by an official of the Fund.
3.11 Clause 12 is a standard provision allowing the Minister of Transport to make regulations under the enactment. Regulations fixing fees are to be made with the consent of the Minister of Finance.
3.12 Clause 13 is a standard provision dealing with the enactment's short title and commencement. Subclause (2) requires the President to fix the commencement date by proclamation in the Gazette.
<fn>GOV-ZA.32094353En.2012-02-10.en.txt</fn>
Comments should be posted to the Director-General, Department of Transport for the attention of Adv.
To impose contributions payable under the 1992 Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, and for related matters.
"this Act" includes the regulations made under section 17.
Sections 3, 4, 5, 6 and 11 of the Fund Act apply in relation to this Act in a corresponding way to the way in which they apply to the Fund Act.
Contributions referred to in Article 10 of the Convention and payable to the Fund because of this Part are imposed by this section.
Article 10 of the Convention (other than subparagraph 2(b), in so far as it relates to ports or installations in the Republic, has the force of law as part of the law of the Republic.
the person liable to pay contributions to the Fund because of this Part is in the case of contributing oil being imported into the Republic, the importer; and otherwise, the person receiving the contributing oil; and a person (the first person) is an associated person in relation to another person (the second person) if, and only if both the first person and the second person are bodies corporate; and the first person is a subsidiary of the second person.
"subsidiary", in relation to a body corporate, means a subsidiary within the meaning of section 1(3) of the Companies Act, 1973 (Act No. 61 of 1973), subject. in the case of a body incorporated outside the Republic, to any necessary modifications of that provision.
bJ the person, without reasonable excuse, refuses or fails to give the security.
the Internal Regulations of the Fund have fixed, or provided for a method of determining, one or more annual interest rates (lR rates) in accordance with paragraph 1 of Article 13 of the Convention, the person is liable to pay to the Fund, by way of penalty, an amount (late payment penalty) calculated at the annual percentage rate equal to whichever of the IR rates is applicable to the person's circumstances, on the amount unpaid, computed from that time until payment is made.
To avoid doubt, the Fund is not entitled to recover from the State any costs or other expenses it incurs in recovering an amount referred to in subsection (1).
Without limiting paragraphs (a) and (b) of subsection (1), regulations made for the purposes of those paragraphs may make provision about the making of payments using electronic funds transfer systems.
For paragraphs 1 and 2 of Article 15 of the Convention as so having the force of law, an obligation imposed on the Republic is taKen to be imposed on the Authority.
The Authority may inform the Fund of any additional matters relating to contributions that the Authority thinks appropriate.
The regulations may require information or returns given to the Authority in accordance with a requirement covered by subsection (1)(b) to be verified by solemn declaration.
However giving the information or return or producing the document or copy; or any information, return, document or thing obtained as a direct or indirect consequence of. giving the information or return or producing the document or copy, is not admissible in evidence against the person in criminal proceedings other than proceedings in terms of section 15 or 16; or proceedings for recovery of an amount of late payment penalty.
A person commits an offence if the person is required to give information or a return under regulations made for the purposes of this Division; and the person, without reasonable excuse, refuses or fails to give the information or return.
A person commits an offence If the person gives information or a return that, to the person's knowledge, is false or misleading in a material particular; or the person recklessly gives information or a return that is false or misleading in a material particular; and the information or return is given in purported compliance with regulations made for the purposes of this Division.
The Minister, with the consent of the Minister of Finance, may make regulations prescribing matters required or permitted by this Act to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
An offence in terms of this Act is taken, for purposes in relation to jurisdiction of a court to try the offence. to have been committed within the area of jurisdiction of the court in which the offence is prosecuted.
This Act is called the Merchant Shipping (International Oil Pollution Compensation Fund) (Contributions) Act, 2009.
This Act commences on a day fixed by the President by proclamation in the Gazette, being a day not before the day on which the Convention enters into force for the Republic.
1.1 This is a Money Bill within the meaning of section 77 of the Constitution. It gives effect to the financing (contributions) provisions of 1992 Protocol to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (the Fund Convention). The Bill forms part of a package of measures designed to give effect to South Africa's obligations under the Fund Convention and the 1992 Protocol to the International Convention on Civil Liability for Oil Pollution Damage, 1969 (the Civil Liability Convention). Parliament has already approved the two protocols under section 231(2) of the Constitution. The full package includes the Merchant Shipping (International Oil Pollution Compensation Fund) Bill (the Fund Act) and the Merchant Shipping (Civil Liability Convention) Bill, which gives effect to the Civil Liability Convention.
The main object of this Bill is to impose, and regulate the payment and recovery of, contributions payable under the Fund Convention.
The Civil Liability and Fund Conventions were adopted under the auspices of the International Maritime Organization (lMO). They deal with questions of liability and compensation for loss or damage caused by contamination resulting from the escape or discharge of persistent oil from tankers (Le. ships constructed or adapted for the carriage of oil in bulk as cargo).
2.2 Under the Civil Liability Convention claimants are entitled to compensation from the registered shipowner (or the provider(s) of financial security for the shipowner's liability) for pollution damage suffered in the territory (including territorial sea) or exclusive economic zone of a Contracting State. The shipowner's liability is strict (only limited exemptions and defences are available), but this liability is subject to limitation in accordance with the provisions of the convention.
2.3 Whereas the Civil Liability Convention establishes and regulates the liability of the registered shipowner, the Fund Convention establishes an international fund, called the International Oil Pollution Compensation (I0PC) Fund, the purpose of which is to pay compensation to victims of pollution damage (within the meaning of the Civil Liability Convention) where they have been unable to obtain compensation, or compensation in full, under the provisions of the Civil Liability Convention.
States, more than 150,000 tonnes of contributing oil. The total amount of compensation payable by the 10PC Fund in respect of an incident is currently SDR 203,000,000 (± ZAR 1.880.064.200). which, in certain cases, may be increased to SDR 300.740,000 (± ZAR 2,785.273,436).
2.4 Because the Fund Convention is supplementary to the Civil Liability Convention, a state cannot become a party to the Fund Convention without, at the same time. also becoming a party to the Civil Liability Convention.
3.2 Clause 2 applies sections 3. 4, 5. 6 and 11 of the Fund Act in a corresponding way to the way in which they apply to that Act: section 3 deals with the extent to which the Fund Act binds the State and its organs; section 4 deals with the geographical extent of the Fund Act's application; section 5 recognises the legal personality of the 10PC Fund; section 6 recognises the Fund's Director as its legal representative; and section 11 deals with the way in which certain documentary evidence may be given in legal proceedings involving the Fund.
3.3 Clause 3 imposes contributions payable under Article 10 of the Fund Convention. Article 10 requires persons who receive annually. in the ports or terminal installations of a Contracting State, more than 150,000 tonnes of contributing oil to pay contributions to the International Oil Pollution Compensation Fund 1992.
Article deals with liability to make contributions to the IOPC Fund.
10 and, in particular, gives effect to paragraph 2(b) of that Article.
3.5 Clause 5 gives effect to paragraphs 2 and 3 of Article 12 of the Fund Convention: these paragraphs deal with the way in which contributions are calculated. The Director of the IOPC Fund calculates the annual contributions for each person liable to make contributions under Article 10. The Director will invoice liable persons directly.
3.6 Clause 6 gives effect to paragraph 4 of Article 12 of the Fund Convention; this paragraph deals with when contributions are due and payable. Contributions are due and payable on the day fixed in the Internal Regulations of the IOPC Fund, or as otherwise decided by the Assembly of the Fund.
3.7 Clause 7 allows regulations about requiring security for the payment of contributions to be given to the IOPC Fund.
3.8 Clause 8 supplements clause 7 by creating an appropriate offence in relation to the duty to give security under clause 7. Failing or refusing to give security is made punishable by a maximum prison term of 2 years and/or by its fine equivalent(ZAR 40,000).
3.9 Cl:1use 9 gives effect to paragraph 1 of Article 13 of the Fund Convention; this paragraph deals with arrear contributions. Arrear contributions attract interest that, in the clause, is expressed as late payment penalty. Late payment penalty is calculated with reference to the applicable annual interest rate determined by the IOPC Fund.
3.10 Clause 10 gives effect to paragraph 3 of Article 13 of the Fund Convention; this paragraph deals with the Director's responsibility to recover amounts owing to the IOPC Fund. The clause allows the Fund to recover contributions and late payment penalty that are due and payable as if they were debts due to the State. Subclause (2) confirms that the State is not liable for costs or other expenses incurred by the Fund in recovering contributions or late payment penalty.
3.11 Clause 11 allows regulations about the payment of late payment penalty and the payment or refund of contributions.
3.12 Clause 12 gives effect to Article 15 of the Fund Convention in so far as it relates to the Republic. The clause requires the South African Maritime Safety Authority (SAMSA) to give the IOPC Fund certain information about contributing oil receipts and receivers. It also allows SAMSA to inform the Fund about any other matter relating to contributions that SAM SA considers appropriate.
3.13 Clauses 13 and 14 supplement clause 12 by allowing regulations about record-keeping and returns. The regulations will enable the South African Maritime Safety Authority to give the IOPC Fund accurate information about contributing oil receipts.
Failing or refusing to give information or a return (clause 15) is made punishable by a maximum prison term of 3 years and/or by its fine equivalent (ZAR 60,000). Giving false information or a false return (clause 16) is made punishable by a maximum prison term of 5 years and/or by its fine equivalent (ZAR 100,000).
3.15 Clause 17 liS a standard provision allowing the Minister of Transport to make regulations under the enactment. Regulations are to be made with the consent of the Minister of Finance.
3.16 Clause 18 allows an offence to be prosecuted at any place the accused happens to be, regardless of where the offence was committed. It also extends the jurisdiction of the magistrates' courts in matters of punishment.
3.17 Clause 19 is a standard provision dealing with the enactment's short title and commencement. Subclause (2) requires the President to fix the commencement date by proclamation in the Gazette.
<fn>GOV-ZA.32100355En.2012-02-10.en.txt</fn>
The above-mentioned draft Bill is hereby published for public comments. Interested persons are invited to submit written comments on the draft Bill by not later than 22 May 2009 . Submission should be posted to the Director General Department of Transport for the attention of T.H.
Mr. TREVOR MPHAHLELE THE DEPARTMENT OF TRANSPORT PRIVATE BAG X193 PRETORIA
Tel: (012) 309 3481 Fax: (012) 309 3134 Mphahlet@dotgov.za.
To give effect to the International Convention for Safe Containers, and for related matters.
"the Republic" includes the Prince Edward !
"this Act" includes the regulations.
Subject to this Act, Articles II to VI of the Convention have the force of law as part of the law of the Republic.
Without limiting subsection (1).
the circumstances in which the Authority must obtain the consent of another specified authority in the choice of the person or persons to be authorised to conduct an inquiry under section 1O(1).
authorise the continued detention of a container after its contents have been removed. except if an inspector believes on reasonable grounds that there is about to be a contravention of a regulation about the transportation of containers made under subsection (2)(a) or (b).
When boarding any vehicle or entering any place described in section 81}, an inspector must, if so required, show the certificate to the person in charge the vehicle or place.
examine any record or document required by the regulations to be kept, and make copies or extracts.
If an accident or incident involving a container results in death or injury to any person, danger to the health or safety of the public or damage to property or the environment, the Authority may direct an inquiry to be made into the accident or incident and may, subject to the regulations, authorise to conduct the inquiry any person or persons who in the Authority's opinion are qualified to be so authorised.
For an inquiry, the person or persons authorised by the Authority under subsection (1) have all the powers conferred upon a court of marine enquiry by subsections (1)(i) to (vi) and (4) of section 90f the Merchant Shipping Act, 1951 (Act No. 57 of 1951), and subsections (2) and (3) of that section apply accordingly.
However, if the concurrence of another person Was obtained in relation to the choice of the person or persons to be authorised to conduct an inquiry, the report, or any portion thereof, may not be published unless that other person consents to publication.
A regulation may make provision in terms of any document that the Minister or the Authority considers relevant from time to time, without stating the text, by mere reference to the number, title and year of issue of that document or to the other particulars by which that document can readily be identified, and any provision so made is, in the absence of a contrary intention, taken to have been made in terms of the relevant document as revised or re-issued from time to time.
A copy of the complete text of each document, as revised or re-issued from time to time, in terms of which provision is made under paragraph (a), is to be kept at the place or places in the Republic that the Authority directs and is to be available for public inspection.
To avoid doubt, section 31 of the Standards Act, 1993 (Act 1\10.29 of 1993), does not affect the operation of this subsection.
A person who contravenes a provision of this Act commits an offence punishable upon conviction by a fine or by imprisonment for a period not exceeding two years.
deposits with the Authority the sum required of him or her. which sum is not to exceed the maximum fine that may be imposed under subsection (1).
the Authority may, after the inquiry that it thinks fit, determine the matter summarily and may. without legal proceedings, order the whole or any part of the deposit to be forfeited by way of a penalty.
The imposition of a penalty under subsection (3) is taken not to be a conviction of an offence; however, no prosecution in respect of the offence in question may thereafter be instituted.
This Act continues in force until a day fixed by the President by proclamation in the Gazette following denunciation of the Convention by the Republic or the termination thereof in accordance with Article XII.
Repeal of Act 11 of 1985 14. The International Convention for Safe Containers Act, 1985 (Act No. 11 of 1985), is repealed.
This Act commences on a day fixed by the President by proclamation in the Gazette; but the day so fixed in relation to Part 2 of the Schedule may not be a day before the day on which the amendments to the Convention set out in that Part enter into force for the Republic in accordance with Article IX, paragraph 2(c) of the Convention.
RECOGNIZING. in this context.
at least 7 m2 (75 sq ft) if it is fitted with top corner fittings. The term "container" includes neither vehicles nor packaging; however, containers when carried on chassis are included.
"International transport" means transport between points of departure and destination situated in the territory of two countries to at least one of which the present Convention applies. The present Convention shall also apply when part of a transport operation between two countries takes place in the territory of a country to which the present Convention applies.
"Owner" means the owner as provided for under the national law of the Contracting Party or the lessee or bailee, if an agreement between the parties provides for the exercise of the owner's responsibility for maintenance and examination of the container by such lessee or bailee.
"Type of container" means the design type approved by the Administration.
"Type-series container" means any container manufactured in accordance with the approved design type.
"Prototype" means a container representative of those manufactured or to be manufactured in a design type series.
"Maximum operating gross weight" or "rating" or "R" means the maximum allowable combined weight of the container and its cargo.
"Maximum permissible payload" or "P" means the difference between maximum operating gross weight or rating and tare weight.
1 . The present Convention applies to new and existing containers used in international transport, excluding containers specially designed for air transport.
Every new container shall be approved in accordance with the provisions either for type-testing or for individual testing as contained in Annex I.
For the enforcement of the provisions of Annex I every Administration shall establish an effective procedure for the testing, inspection and approval of containers in accordance with the criteria established in the present Convention, provided. however. that an Administration may entrust such testing, inspection and approval to organizations duly authorized by it.
An Administration which entrusts such testing. inspections and approval to an organization shall inform the Secretary-General of the InterGovernmental Maritime Consultative Organization (hereinafter referred to as "the Organization") for communication to Contracting Parties.
Every container shall be maintained in a safe condition in accordance with the provisions of Annex I.
If an approved container does not in fact comply with the requirements of Annexes I and II the Administration concerned shall take such steps as it deems necessary to bring the container into compliance with such requirements or to withdraw the approval.
Approval under the authority of a Contracting Party, granted under the terms of the present Convention, shaH be accepted by the other Contracting Parties for all purposes covered by the present Convention. It shall be regarded by the other Contracting Parties as having the same force as an approval issued by them.
Every container which has been approved under Article III shall be subject to control in the territory of the Contracting Parties by officers duly authorized by such Contracting Parties. This control shall be limited to verifying that the container carries a valid Safety Approval Plate as required by the present Convention, unless there is significant evidence for believing that the condition of the container is such as to create an obvious risk to safety. In that case the officer carrying out the control shall only exercise it in so far as it may be necessary to ensure that the container is restored to a safe condition before it continues in service.
Where the container appears to have become unsafe as a result of a defect which may have existed when the container was approved, the Administration responsible for that approval shall be informed by the Contracting Party which detected the defect.
The present Convention shall be open for signature until 15 January 1973 at the Office of the United Nations at Geneva and subsequently from 1 February 1973 until 31 December 1973 inclusive at the Headquarters of the Organization at London by all States Members of the United Nations or Members of any of the specialized agencies or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the present Convention.
Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the Organization (hereinafter referred to as "the Secretary-General").
1 . The present Convention shall enter into force twelve months from the date of the deposit of the tenth instrument of ratification, acceptance, approval or accession.
For each State ratifying. accepting, approving or acceding to the present Convention after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force twelve months after the date of the deposit by such State of its instrument of ratification, acceptance, approval or accession.
If adopted by a two-thirds majority of those present and voting in the Assembly, and if such majority includes a twothirds majority of the Contracting Parties present and voting, the amendment shall be communicated by the SecretaryGeneral to all Contracting Parties for their acceptance.
Article VII shall be invited will be convened by the Secretary-General.
1 . Any amendment to the Annexes proposed by a Contracting Party shall be considered in the Organization at the request of that Party.
If adopted by a two-thirds majority of those present and voting in the Maritime Safety Committee of the Organization to which all Contracting Parties shall have been invited to participate and to vote, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, such amendment shall be communicated by the SecretaryGeneral to all Contracting Parties for their acceptance.
Such an amendment shall enter into force on a date to be determined by the Maritime Safety Committee at the time of its adoption unless, by a prior date determined by the Maritime Safety Committee at the same time, one fifth or five of the Contracting Parties, whichever number is less, notify the Secretary-General of their objection to the amendment. Determination by the Maritime Safety Committee of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting, which majority shall include a two-thirds majority of the Contracting Parties present and voting.
The Secretary-General shall inform all Contracting Parties and Members of the Organization of any request and communication under this Article and the date on which any amendment enters into force.
Where a proposed amendment to the Annexes has been considered but not adopted by the Maritime Safety Committee, any Contracting Party may request the convening of a conference to which the States referred to in Article VII shall be invited. Upon receipt of notification of concurrence by at least one third of the other Contracting Parties, such a conference shall be convened by the Secretary-General to consider amendments to the Annexes.
1 . Any dispute between two or more Contracting Parties concerning the interpretation or application of the present Convention which cannot be settled by negotiation or other means of settlement shall, at the request of one of them, be referred to an arbitration tribunal composed as follows: each party to the dispute shall appoint an arbitrator and these two arbitrators shall appoint a third arbitrator, who shall be Chairman. If, three months after receipt of a request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failed to elect the Chairman, any of the parties may request the Secretary-General to appoint an arbitrator or the Chairman of the arbitration tribunal.
Reservations to the present Convention shall be permitted, excepting those relating to the provisions of Articles I to VI, XIII, the present Article and the Annexes, on condition that such reservations are communicated in writing and, if communicated before the deposit of the instrument of ratification, acceptance, approval or accession, are confirmed in that instrument. The Secretary-General shall communicate such reservations to all States referred to in Article VII.
Any Contracting Party which has formulated a reservation under paragraph 1 may withdraw it at any time by notification to the SecretaryGeneral.
The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General, who shall communicate certified true copies to all States referred to in Article VII.
IN WITNESS WHEREOF the undersigned* Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.
<fn>GOV-ZA.32101356En.2012-02-10.en.txt</fn>
The above-mentioned draft Bill is hereby published for public comments. Interested persons are invited to submit written comments on the draft Bill by not later than 22 May 2009 . Submission should be posted to the Director -General Department of Transport for the attention of T.H.
Tel: (012) 309 3481 Fax: (012) 309 3134 Mphahlet@dot.gov.za.
To amend the Merchant Shipping Act, 1951, so as to amend a definition; to provide for insurance or other financial security in respect of loss of life and personal injury suffered by seamen; to delete or replace certain obsolete provisions and expressions; to make administrative changes in relation to certain shipping enquiries and the exercise of certain powers; to make mandatory the appointment of certain ship safety personnel; to amend the Ship Registration Act, 1998, so as to amend a definition; and for related matters.
Amendment of section 4 of Act 57 of 1951, as amended by section 2 of Act 42 of 1969 and section 2 of Act 5 of 1976 and substituted by section 60 of Act 58 of 1998 2. Section 4 of the Merchant Shipping Act, 1951, is amended by the deletion of paragraph (c).
Repeal of section 5 of Act 57 of 1951, as substituted by section 5 of Act 30 of 1959 and amended by section 3 of Act 25 of 1985, section 3 of Act 23 of 1997 and section 2 of Act 5 of 1998 3. Section 5 of the Merchant Shipping Act, 1951, is repealed.
[for the purpose of determining her tonnage] if a similar deduction in the case of a South African ship depends on compliance with any conditions or on the compliance being evidenced in any manner, be presumed to [have been certified by a surveyor under subsection (2) of section two hundred and sixty-two to comply with those of the provisions of this Act which apply to such a space in the case of a South African ship] comply with those conditions and to be so evidenced.
Authority that the construction and equipment of the ship as respects the excluded space do not meet the standard which would be required if the ship were a South African ship.
by the substitution for subsections (3) and (4) of the following subsections.
STAATSKOERANT, 15 APRIL 2009 No. 32101 which would be [her] its tonnage if measured under this Act, or as to whether the construction and the equipment of any ship so registered as regards [the said] any excluded space do for the purpose of determining the tonnage of the ship conform to the standards required under this Act, the Authority may direct that a surveyor inspect the ship.
If from the report of a surveyor so directed to inspect a ship it appears to the Authority that the tonnage of [that] the ship, as so denoted, materially differs from that which would be [her] its tonnage if measured under this Act or that [her] its construction and equipment as regards [the said] any excluded space do not, for the purpose of determining her tonnage, conform to the said standards. or if for any reason it appears to the Authority that the tonnage of any ship so registered has been erroneously computed, it may order that. notwithstanding any direction for the time being in force under this section, that ship or any ship registered in the country to which the direction relates shall, for all or any of the purposes of this Act or of the Ship Registration Act, 1998 (Act No. 58 of 1998), be surveyed in accordance with this Act.
by the substitution for subsection (1) of the following subsection: "(1) No vessel of less than three metres in length overall shall go to sea from any port in or from anywhere else on the coast of the Republic."
"(b) prescribe the purpose for and the area in which a vessel of less than three metres in length overall may be used; and".
n(1) Subject to the provisions of this section, the owner and the master of every South African ship operating at a port in the Republic or going to sea from any port whatsoever shall ensure that there [is] are employed on board that ship in their appropriate capacities the number of officers and other persons, duly certificated or deemed to be certificated under this Act, as prescribed by regulation [or deemed to be so certificated].
n(1) When settlement of the wages of a seaman of a South African ship is required to be and is completed before a proper officer, the said seaman shall sign in the presence of the proper officer a release, in the prescribed form, of all claims in respect of the period of service concerned, The release shall also be signed by the proper officer and shall operate as a mutual discharge and settlement of all relative demands between the parties concerned, but shall not debar a claim under any law relating to [workmen's] compensation for occupational in'uries and diseases.
"Nothing in this section shall deprive any seaman of any compensation to which he may be entitled in terms of the [Workmen's Compensation Act, 1941 (Act No. 30 of 1941)] Compensation for Occupational Injuries and Diseases Act, 1993 (Act No.
by the substitution for subsection (6) of the following subsection: "(6) A seaman shall not be entitled to receive any compensation under the [Workmen's Compensation Act, 1941 (Act No. 30 of 1941] Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), for temporary partial disablement or temporary total. disablement in respect of any period for which he has been paid wages in terms of this section; but his employer who has paid such wages to him for that period shall, if he has paid all assessments for the payment of which he is liable under that Act, be entitled to recover from the [accident fund established under that Act] Compensation Commissioner an amount equal to the compensation that would, but for the provisions of this section, have been payable to the seaman under that Act in respect of that period.".
(5) Nothing contained in this section shall deprive any person of any benefit to which he may be entitled under Chapter VII! of the [Workmen's Compensation Act, 1941 (Act No. 30 of 1941)] Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993), and to which this section does not entitle him.
A seaman shall not be entitled to receive the same benefit under this section and also under the [Workmen's Compensation Act, 1941 (Act No. 30 of 1941)] Compensation for Occupational Injuries and Diseases Act. 1993 (Act No. 130 of 1993); but his employer who has incurred any expense under this section which the [Workmen's] Compensation Commissioner would, but for the provisions of this section, have been liable to defray, shall, if he has paid all assessments for the payment of which he is liable under that Act, be entitled to recover that expense from the [Workmen's] Compensation Commissioner.
STAATSKOERANT, 15 APRIL 2009 No.
189A. (1) In this Chapter. unless the context indicates otherwise'accident' means· an accident, including exposure to the elements of nature.
a child under the age of 18 years of the seaman or of his or her spouse or permanent life partner, and includes a posthumous child.
el a child over the age of 18 years of the seaman or of his or her spouse or permanent life partner. and a parent or any person who was acting in the place of a parent. a brother. a sister. a half-brother or half-sister, a grandparent or a grandchild of the seaman.
and who was at the time of the seaman's death wholly or partly financially dependent on the seaman; 'relevant insurance certificate'!
a document that, under the regulations, is taken.
ships that are registered or licensed in the Republic.
To avoid doubt, the regulations may prescribe when a seaman shall be taken, for the purposes of subsection (1), to belong to a ship.
The owner of a ship shall lodge with the proper officer, in the prescribed manner and time, an authentic copy of each certificate issued in terms of subsection (1) in relation to the ship.
If a copy of a certificate is not lodged in accordance with subsection (2), the owner shall, in respect of each day on which the copy is not so lodged (including the day of a conviction in terms of this subsection or any subsequent day), be guilty of an offence and liable on conviction to a fine not exceeding R1000.
If, otherwise than in circumstances to which subsection (1) or (2) applies, at any time a relevant insurance certificate is in force in relation to a ship and is not kept on board the ship, the master and the owner of the ship shall each be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.
If the proper officer believes on reasonable grounds that the master or other person in charge of a ship is attempting to take the ship out of a port in the Republic at a time when the ship does not have on board a relevant insurance certificate that is in force in relation to the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.
189F. (1) In this section 'relevant incident' means any occurrence in respect of which this Chapter reguires compensation to be paid but in respect of which compensation is not available.
If a relevant incident occurs in relation to a ship, the owner of the ship at the time of the incident Of, if the incident consists of a series of occurrences. at the time of the first occurrence shall be liable to pay to a seaman so much of any benefit that would have been payable to the seaman under an insurance or other financial security in terms of section 189C as remains unpaid because of the incident.
the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No.
(el the Road Accident Fund Act. 1996 (Act No.
A person who has paid a benefit in terms of this Chapter may recover from any other person providing the same benefit under a law referred to in subsection (1) so much of the benefit as that other person WOUld, but for this section, have been liable to pay.
189H. (1) To avoid doubt. nothing in this Chapter affects any liability for damages in respect of loss of life or personal injury suffered by a seaman as a result of an accident.
However. in awarding damages a court shall take account of compensation paid in terms of this Chapter.
If loss of life or personal injury in respect of which compensation is payable in terms of this Chapter was caused in circumstances resulting in some person other than the owner of the ship concerned (in this section referred to as 'the third party') being liable for damages in respect of the loss of life or personal injury. the person liable to pay the compensation may bring an action against the third party for the recovery of any compensation payable in terms of this Chapter.
In an action referred to in subsection (1), the amount recoverable shall not exceed the amount of damages (if any) that in the opinion of the court would. but for section 189H(2), have been awarded to the seaman concerned.
189J. (1) Despite anything to the contrary in any law. compensation in terms of this Chapter.
189K. Any provision of an agreement existing at the commencement of this section or concluded thereafter in terms of which a seaman cedes or purports to cede or relinguishes or purports to relinquish any riqht to compensation in terms of this Chapter shall be void.
189L If a seaman has dependants, compensation in terms of this Chapter for loss of life shall not form part of the deceased seaman's estate.
189N. (1) If the owner of a ship makes arrangements to provide compensation for loss of life and personal injury that. in the opinion of the Authority, are not less favourable to seamen than that required by this Chapter, the Authority may, subject to such conditions as it may determine, approve the arrangements in writing.
The Authority may at any time in writing withdraw the approval or amend the conditions of an arrangement approved by it under subsection (1).
the arrangements established by the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No.
any other arrangement, or class of arrangements, prescribed by regulation for the purposes of this subsection.
n(3) When any such information is provided concerning any ship, the owner of the ship shall send a copy thereof to the Authority: Provided that the owner shall not be required to send a copy of any information to the Authority if a copy of the same information has been previously sent to [him] the Authority.
"(2) Any person in charge of a radio station which is under the control of the [Postmaster-General] Independent Communications Authority of South Africa or which is carried on under licence issued by the [Postmaster-General] Independent Communications Authority of South Africa shall, on receiving the prescribed signal that a message is about to be sent under this section, refrain from sending messages for a time sufficient to allow other stations to receive the message, and shall transmit the message in such manner as may be required by the Authority. Compliance with this subsection shall be deemed to be a condition of every licence granted by the [Postmaster-General] Independent Communications Authority of South Africa under the [Radio Act, 1951 (Act No. 3 of 1952), or any amendment thereto] Telecommunications Act, 1996 (Act No. 103 of 1996).
Amendment of section 259 of Act 57 of 1951, as substituted by section 15 of Act 18 of 1992 and amended by section 10 of Act 23 of 1997 and section 60 of Act 58 of 1998 13. Section 259 of the Merchant Shipping Act, 1951 , is amended(aJ by the substitution for the words following paragraph (f) of subsection (1) of the following words: "shall within 24 hours after the [ship has arrived in a port or, if the event occurred in a port, within 24 hours after the event occurred but before the ship departs from that port] occurrence of the event but before the ship departs from any port at which it happens to be within that period, report the event to the nearest proper officer in the form prescribed, stating the nature of the event and of the probable cause thereof, the name of the ship, her official number, the port to which she belongs, the place where the event occurred and the place where the ship then is, and giving all other available relevant information: Provided that any event resulting in loss of life or serious injury shall forthwith be so reported by the fastest means of communication available."
"(1A) (a) The duty to report an event referred in subsection (1)(e) extends to the employer of any stevedore, shore contractor or incidental person that was involved in the event."
'shore contractor' means a person temporarily employed to [effect] carry out general or specific repairs. alterations, renovations, improvements, painting, maintenance of vessel or machinery. tank or hatch cleaning.
(1A)] shall. subject to subsection (3), apply to every ship which is registered or licensed in the Republic or which is in terms of this Act required to be so licensed and to or in respect of or on board of which any such event as is referred to in [subsections] subsection (1) [and (1A)] has occurred anywhere, and 11 shall apply to a ship not registered or licensed in [a country other than] the Republic only while the ship is within the Republic or the territorial waters thereof and if any such event has occurred to or in respect of or on board of the ship during a voyage to a port in the Republic or within the Republic or the territorial waters thereof.
[her] its gross [register] tonnage.
II(e) l.!.(iL)_--!!.in~th!.:e:::!:ca=se~o::..:.f_a:::.....!f..:::::o~re:::.;igi:1!n.!...-!:s~h~jp~re=:.:g::1!.js~t:!:::e~re~d=-.!!in.!.......!
ill in the case of al any other foreign ship, according to the law of the Republic, if capable of being so measured.
(6) If for any reason a majority of the members of the court (or, if the court consists of only two members, both members) are not agreed upon any matter of fact upon which a decision is necessary in order that the investigation may be completed, the presiding officer shall report that fact to the [Authority] Minister, and thereupon the Minister may refer the matter back to the court for reconsideration or may discharge the members of the court and, if he thinks fit, appoint another court of marine enquiry to hold the formal investigation.
U(3) If for any reason a majority of the members of the court (or, if the court consists of only two members, both members) are not agreed upon the question what the decision upon the appeal should be, the presiding officer shall report the fact to the [Authority] Minister, and thereupon the Minister may refer the appeal back to the court for reconsideration, or may discharge the members of the court and appoint another court of survey to hear the appeal.
to more experts than one. the [Authority] Minister shall appoint one of them as presiding officer, lI.
The presiding officer of a court of marine enquiry, maritime court of court of surveyor body of experts to whom an appeal has been referred under section [two hundred and eighty-two] 282, or, if an appeal has been referred to only one expert that expert shall, at the conclusion of the investigation or hearing transmit to the [Authority] Minister the notes of evidence and as many copies as the [Authority] Minister may require of the record of the proceedings and the report and decisions; and any member of the court or anyone of the experts who dissents from any decision may attach to the record his written reasons for so dissenting, and the presiding officer shall transmit such written reasons with the record.
''The [Authority] Minister may-"; and "on such conditions as to [it] the Minister appear proper: Provided that if the owner of any ship, share or goods referred to in paragraph (a) accepts such conditions he shall not thereafter be entitled to institute or maintain any action or other proceedings for damages on account of the detention, seizure or forfeiture.".
"(xliH) providing for the granting by the Minister or another specified person, on such terms (if any) as the Minister or other person may specify, of exemptions from specified provisions of the regulations for classes of cases or individual cases, and for the alteration or cancellation of exemptions so granted;".
Amendment of section 1 of Act 58 of 1998 23.
" 'small vessel' has the meaning it has in section 2(1) of the Merchant Shipping Act, 1951 ;".
This Act is called the Merchant Shipping and Ship Registration Amendment Act, 2009.
<fn>GOV-ZA.32102357En.2012-02-10.en.txt</fn>
To amend the South African Maritime Safety Authority Act, 1998, so as to modify two definitions; to further regulate the constitution and operation of the Authority; to introduce consistency with the Public Finance Management Act, 1999; to reconstitute the Maritime Fund within the accounts of the Authority; to further regulate statutory protections to the Authority, its Board members, staff and other persons acting on its behalf; to enable the making of marine rules by the Authority; and for related matters.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: Amendment of section 1 of Act 5 of 1998 1. Section 1 of the South African Maritime Safety Authority Act, 1998 (Act NO.
by the substitution for the definition of "this Act" of the following definition: .. 'this Act' includes the regulations and any direction under section 7 [or 30];".
Substitution of section 3 of Act 5 of 1998 2.
{QJ.. to protect the marine environment from ill pollution from ships; and fill other environmental damage caused by shipping; and {f1 to co-ordinate maritime search and rescue.
Substitution of section 4 of Act 5 of 1998 3.
The Authority's functions are li!
ill to participate in international bodies and other meetings dealing with maritime affairs.
f.9l to provide.
f.!1l to provide.
JsJ.. to perform any other prescribed functions relating to any of the matters referred to in this section; and fJl to perform functions incidental to any of the previously described functions..
Amendment of section 5 of Act 5 of 1998 4.
"(2) Subject to section [4] 7, the functions to provide services may be pertormed at the discretion of the Authority."
n(3A) To avoid doubt, where the Authority performs a function in a way described in subsection (3)(b) or (e), the Authority may allow the other person concerned to charge the person in respect of whom the function is being performed a reasonable fee for the performance of that function.
Amendment of section 6 of Act 5 of 1998 5.
Substitution of section 7 of Act 5 of 1998 6.
ill The Minister may, after consulting the Board. give the Authority written directions about the performance of its functions.
gl Howevec directions about the performance of functions that are conferred on the Authority by or under another Act may be only of a general nature.
ru The Minister must cause a copy of every direction given to the Authority to be published in the Gazette within 21 days after it is given.
ill The Authority must comply with the directions given to it by the Minister.
{Ql a summary of action that the Authority has taken in that financial year because of the directions given to it in that or any other financial year.
Insertion of sections 8A and 8B in Act 5 of 1998 7.
SA. ill The Minister may give the Authority written notices setting out his or her views about the following matters: fEl the appropriate strategic direction of the Authority; fJ2l the manner in which the Authority should perform its functions.
ill The Authority must, in performing its functions. take account of the notices given to it by the Minister. Q2 The Board must. in preparing each business plan. take account of the notices given to the Authority by the Minister.
ill The Board must include in its annual report for a financial yearfEl a summary of the notices given to the Authority in that financial year; and fJ2l a summary of action that the Authority has taken in that financial year because of the notices given to it in that or any other financial year.
8B. ill The Minister may. in writing, direct the Authority to give to a stated ministerial nominee any information relating to the operations of the Authority that the nominee requests.
Q} The Board must include in its annual report for a financial year details of directions by the Minister in that financial year.
ill In this section 'ministerial nominee' means a person whose functions include advising the Minister about the performance and strategies of the Authority.
UcA} if the Minister specifies an office in the Department for the purposes of this subsection.
hold office on such terms and conditions (if any) in relation to matters not provided for by this Act as the Minister determines in writing.
12 The Minister may appoint a person as a member only if the Minister is satisfied that the person has suitable expertise in one or more of the following: fEl international shipping; {Q1 domestic shipping; f.
ill environmental management.
"(5) The appointment of a member is not invalid because of a defect or irregularity in connection with the appointment."
by the deletion of subsection (6).
Insertion of sections 12A and 128 in Act 5 of 1998 9.
f12l to determine the Authority's policy in relation to any matter.
12B. The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its fu nctions.
Substitution of section 13 of Act 5 of 1998 1O.
ill Subject to this Part, a member mentioned in section 12(1)(8), (b) and (d) holds office for the period, not exceeding three years, specified in the instrument of appointment, but is eligible for reappOintment.
Substitution of section 14 of Act 5 of 1998 11.
ill A member mentioned in section 12(1)(a). (b) and (d) is to be paid the remuneration and allowances that the Minister, in consultation with the Minister of Finance, determines in writing.
£} Remuneration and allowances payable in terms of this section are to be paid out of the money of the Authority.
Substitution of section 15 of Act 5 of 1998 12.
A member appointed as a part-time member may not engage in any paid employment. or any other activity, that. in the opinion of the Minister, conflicts or could conflict with the proper performance of the member's duties.
Insertion of section 15A in Act 5 of 1998 13.
The Minister may grant leave of absence to the Chairperson on the terms and conditions that the Minister determines.
ill The Chairperson may grant leave of absence to any other member (other than the Chief Executive Officer) on the terms and conditions that the Chairperson determines.
Amendment of section 16 of Act 5 of 1998 14.
during any period, or during all periods, when the Chairperson is absent from duty or from the Republic or is, for any other reason, unable to perform the functions of the office.
during any period, or during all periods, when the Deputy Chairperson is absent from duty or from the Republic or is, for any other reason, unable to perform the functions of the office.
STAATSKOERANT, 15 APRIL 2009 No. 32102 19 duty or from the Republic or is, for any other reason, unable to perform the functions of the office.
"(3A) An appointment under subsection (1), (2) or (3) must be in writing."
"§} Anything done by or in relation to a person purporting to act under this section is not invalid merely because&l the occasion for the appointment had not arisen; f..!2l there was a defect or irregularity in connection with the appointment; {fl the appointment had ceased to have effect; or fs!l the occasion to act had not arisen or had ceased.".
Substitution of section 18 of Act 5 of 1998 15.
ill The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.
{.fl the member is absent.
the member fails to comply with section 50(2) or (3) of the Public Finance Management Act. 1999 (Act No.
the member has been convicted, whether in the Republic or elsewhere, of theft, fraud, forgery or uttering a forged document.
the member has, at any time, been removed from an office of trust because of misconduct.
the Authority has failed to comply with section 8A(2), 8B(2).
No.1 of 1999; or {Ql the performance of the Board has been unsatisfactory for a significant period of time. ill This section does not apply to the Chief Executive Officer.
Amendment of section 19 of Act 5 of 1998 16.
"(1) The Board must hold such meetings as are necessary for the effective and efficient performance of its functions, but the Chairperson must ensure that at least four meetings are held each financial year."
"(3A) Each member is entitled to receive reasonable notice of the Board's meetings."
U(4) [Subject to section 15] The Chairperson [presides] is to preside at all meetings at which he or she is present.
&l a member is required by section 50 of the Public Finance Management Act, 1999 (Act No.1 of 1999), not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and illl when the member leaves the meeting concerned there is no longer a quorum present, the remaining members constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.
ill At a meeting, all questions are to be decided by resolution passed by a majority of the votes of the members present and voting.
The person presiding at a meeting has a deliberative vote and, if [necessary] the voting is equal. also a casting vote,, Amendment of section 20 of Act 5 of 1998 17.
"(1) The Board may, subject to this [Chapter] Part, regulate proceedings at its meetings as it considers appropriate.".
Substitution of section 21 of Act 5 of 1998 18.
ill A resolution is regarded to have been passed at a meeting of the Board if, without meeting, a sufficient number of members indicate agreement with the resolution in accordance with the method determined by the Board in accordance with subsection (2).
@l determines that it applies; and ilJl determines the method by which members are to indicate agreement with a resolution.
Q1 In this section 'sufficient number of members', in relation to a resolution, means a majority of the number of members who would have been entitled to vote on the resolution at a meeting of the Board if they had been present at the meeting.
Insertion of sections 21 A, 21 B, 21 C, 210, 21 E and 21 F in Act 5 of 1998 19.
The Board must cause minutes of the proceedings at its meetings to be entered in one or more books (in this section called a minute book) to be kept for that purpose at the Authority's head office.
A resolution that is passed in accordance with section 21 is regarded to be a minute of a meeting and is to be entered in the minute book and noted by the next following meeting of the Board.
Q.l For the purposes of this section, loose leaves of paper do not constitute a minute book unless they are bound together permanently, without means of removing or inserting leaves, and the pages are consecutively numbered.
STAATSKOERANT. 15 APRIL 2009 NO.32102 25 ill The minutes of a meeting of the Board purporting to be signed by the member who presided at that meeting or by the member who presided at the next following meeting is evidence of the proceedings at that meeting.
(§) Where minutes have been kept in accordance with this section of the proceedings at a meeting of the Board, then, in the absence of evidence to the contrary, the meeting is regarded to have been duly held and convened and all proceedings of the meeting to have been duly conducted, and all appointments of persons are regarded to be valid.
21 B. Every disclosure of interest made in terms of section 50 of the Public Finance Management Act, 1999 (Act No.1 of 1999), is to be recorded in the minutes of the meeting of the Board at which the isclosure is made.
The Board must keep at the Authority's head office a register of members' interests and cause to be entered in the register the details of all disclosures of interest made in terms of section 50 of the Public Finance Management Act. 1999 (Act No.1 of 1999).
ill The register is to be available for public inspection.
21 D. ill Every member and every other person who is present at a meeting of the Board must. at the meeting, enter his or her name under the date of the meeting in a book (in this section called an attendance register) to be kept for that purpose at the Authority's head office.
ill If, in terms of section 20(2)(8), a member is regarded as being present at a meeting of the Board, the Board must.
ill the member's full given names and surname; and f.!2l a statement about the member's actual location and the means of communication used.
@1 The attendance register must comply with the requirements of section 21A(3).
ill The attendance register is to be available for public inspection.
J2l any changes occurring from time to time in those particulars, and the dates and nature of the changes.
J2l in the case of a change in the particulars, but excluding any change due to the vacation of his or her office, within seven days after the date of the occurrence of the change.
ru Information given in terms of subsection (2) must upon receipt. and, if any member has vacated his or her office, a statement to that effect must without delay, be entered in the register.
W The register is to be available for public inspection.
21 F. Every appointment, removal.
Minister by notice in the Gazette.
Amendment of section 22 of Act 5 of 1998 20.
"(1) There is to be a Chief Executive Officer of the Authority, who [subject to subsection (5)] is to be appointed by the Minister by written instrument on the recommendation of the Board."
by the insertion after subsection (1) of the following subsections: (1 A) The appointment of a person as Chief Executive Officer is not invalid because of a defect or irregularity in connection with the appointment.
l.1Jll The appointment. removal, death or resignation of a Chief Executive Officer is to be notified by the Minister by notice in the Gazette.
The Chief Executive Officer [manages] is to conduct and manage the affairs of the Authority subject to the [control and] directions of, and in accordance with policies determined by, the Board.
by the deletion of subsections (5) and (6).
Substitution of section 23 of Act 5 of 1998 21.
The Chief Executive Officer may not engage in any paid employment outside the functions of the office without the prior approval of the Board Minister's written consent.
Substitution of section 24 of Act 5 of 1998 22.
ill The Chief Executive Officer is to be paid the remuneration and allowances that the Minister, in consultation with the Minister of Finance, determines in writing.
ill Remuneration and allowances payable in terms of this section are to be paid out of the money of the Authority.
Insertion of sections 24A and 248 in Act 5 of 1998 23.
The Chief Executive Officer has the recreation leave entitlements that the Minister determines in writing.
ill The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines in writing.
24B. The Chief Executive Officer holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as the Minister determines in writing.
Substitution of section 25 of Act 5 of 1998 24.
The Chief Executive Officer may resign by notice in writing to the [Board] Minister. If.
insertion of sections 25A and 258 in Act 5 of 1998 25.
25A. The Chief Executive Officer must give written notice to the Minister of all interests (financial or otherwise) that the Chief Executive Officer has or acquires and that could conflict with the proper performance of the Chief Executive Officer's functions.
The Minister may at any time, in writing, terminate the appointment of the Chief Executive Officer.
Amendment of section 26 of Act 5 of 1998 26.
neb However, a person appointed to act as Chief Executive Officer1 during a vacancy may not continue so to act for more than 12 months at a time.
"(2) A person, other than an officer, who is acting as Chief Executive Officer is [entitled to] to be paid the same remuneration and allowances as are payable to the Chief Executive Officer."
fl the appointment had ceased to have effect; or fs!
Amendment of section 27 of Act 5 of 1998 27.
n{ 1 The Chief Executive Officer may, on behalf of the Authority. employ such staff as the he or she considers necessary for the performance of the Authority's functions and the exercise of its powers.
".l1.62 Staff are to be employed on the terms and conditions that the Board determines in writing.".
Insertion of section 27 A in Act 5 of 1998 28.
27A. (1) The Chief Executive Officer may, on behalf of the Authority, engage persons with suitable qualifications and experience as consultants to the Authority.
A consultant is to be engaged on the terms and conditions that the Board determines in writing.
Addition of Part 3 to Chapter 2 of Act 5 of 1998 29.
ill The Board may, in writing, establish committees for the purpose of assisting the Board in the performance of its functions and the exercise of its powers.
wholly of persons who are not members; or partly of members and partly of other persons.
Q2 The procedures under which a committee is to operate are to be determined by the Board in writing.
A member of a committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the committee must disclose the nature of the interest at a meeting of the committee as soon as possible after the relevant facts have come to the member's knowledge.
(£} A disclosure under subsection (1) must be recorded in the minutes of the meeting of the committee at which the disclosure is made.
Q2 The Board must terminate the appointment of a member of a committee if the member fails. without reasonable excuse, to comply with subsection (1).
A member of a committee may resign by giving the Board a written resignation.
27E. l,..(1!.J)__A!!!.m.!..!.e~m~b~e.!....r:::::.of.!....a::::......=c;.::::o.!..!.m.!.!.m~i~tt:.::::e:::::.e...:.h.:..::o:.:.::ld::.:s:::...o~ff:.!..:i:::::.ce~o:.:..!n'--!s::.::u~c~h--.!t:.::::e.!..!rm.:..:..:::::s and conditions (if any) in relation to matters not provided for by this Act as the Board. in consultation with the Minister, determines in writing.
1.£1 Remuneration and allowances (if any) to which a member of a committee is entitled as such a member are to be paid out of the money of the Authority.
Substitution of section 28 of Act 5 of 1998 30.
ill The Board must prepare a business plan for the Authority at least once each financial year and give it to the Minister.
{1} If the Minister asks the Board to give the plan to the Minister by a specified day. the Board must give the plan to the Minister by that day.
Q2 The plan must cover a period of at least three financial years.
gl significant changes to the plan; and f. Ql matters that arise that might significantly affect the achievement of the objectives of the plan. !.
f.fl.
fJiJ.
ill human resource strategies and labour relations strategies.
STAATSKOERANT, 15 APRIL 2009 NO.32102 39 ill.2 The plan must also cover any other matters required by the Minister, which may include further details about the matters specified in subsection (5).
ill In preparing the plan the Board must take account of notices given under section BA.
Insertion of section 28A in Act 5 of 1998 31.
28A. ill The Minister must respond to a business plan within 60 days of being given the plan.
12.2 The Minister's response may include a direction to the Board to vary the plan. ill A direction by the Minister must be in writing and must set out its reasons.
ill If directing a variation of the business plan, the Minister must consider@. the objectives and poliCies of the Government; {Ql the objects of this Act; and any other considerations the Minister considers appropriate.
fill If the Minister's response includes a direction to vary the business plan! the Board must prepare a revised plan and give it to the Minister within 28 days of being given the response. n.
Substitution of section 29 of Act 5 of 1998 32.
When including details of the peliormance indicators for the Authority in the business plan!
fs!l.
ill the need to maintain a reasonable level of reserves!
{gl any other consideration affecting the Authority's performance that the Board thinks appropriate.
Substitution of section 30 of Act 5 of 1998 33.
So far as is practicable, the Board must ensure that the performance of the Authority's functions are consistent with, and designed to give effect to, the current business plan.
Insertion of section 30A in Chapter 3 of Act 5 of 1998 34.
The Authority must prepare and make available to the public a service charter.
Authority's satisfaction, that the standards were not met; and fsil provision for the appointment by the Authority of an appropriate independent person to assist in the resolution of disputes about alleged failures to meet the standards specified in the service charter.
Ql The service charter may allow for a person to be appointed as a deputy to the person appointed for the purposes of subsection (2)(d), and for the functions and powers of the deputy. ill The Authority and any officer or agent of the Authority has a public duty to observe the provisions of the service charter.
l.Q2 If the Authority fails to prepare and make available a service charter within the time that the Minister determines, the Minister must prepare a service charter and make it available to the public.
§} The Authority (if the Authority has prepared it) and the Minister (if the Minister has prepared it) may at any time, in writing, amend the service charter, and must make the amendments available to the public. ill This section does not affect any right existing apart from this section to make a complaint or to bring proceedings.
Amendment of section 31 of Act 5 of 1998 35.
of the following words: "the Minister may, at any time, cause the asset to be transferred to the Authority."
Substitution of section 32 of Act 5 of 1998 36.
@l describes any land in which the State holds an interest; and f. Ql describes that interest the interest is transferred to the Authority on the day specified in the notice, not being earlier than the day of publication of the notice.
£} If the interest of the State is of such a kind that it is not held from another person, the transfer has effect as a grant of ownership to the Authority.
Q} The Minister must cause to be lodged with a registrar a copy of the notice, certified in writing Signed by an officer of the Department authorised by the Minister for the purpose.
42 Despite anything to the contrary in any law, the registrar with whom a copy is lodged must record the transfer as nearly as possible as if it were a dealing in land and must deal with and give effect to the copy as if it were a grant or conveyance duly executed under the laws of the Republic.
§} Despite anything to the contrary in any law, an interest in respect of land transferred to the Authority under subsection (1) cannot be acquired by prescription.
(§} In this section'interest' includes any servitude, lease or other real right; 'land' includes buildings and fixed structures; 'registrar' has the meaning it has in section 102 of the Deeds Registries Act, 1937 (Act NO.
Substitution of section 34 of Act 5 of 1998 37.
The Minister may, in consultation with the Authority, determine in writing for the purposes of section 37(g) the total amount (if any) of the provisions to be made by the Authority on account of liabilities transferred from the State in respect of personnel transferred from the State.
Amendment of section 36 of Act 5 of 1998 38.
being performed by the Department; and f12l a right of the State existed, arising out of a debt, liability or obligation of any other person in favour of the State in respect of a service or facility provided by the Department in the performance of that function, the right of the State is transferred to the Authority to the extent that the Minister determines in writing [having regard to the objectives of the Authority referred to in section 3].
Substitution of section 37 of Act 5 of 1998 39.
Authority by section 33; fsJl the amount (if any) determined under section 34; fl1l any amounts of capital repaid to the State by the Authority.
ill Interest is not payable to the State on the Authority's capital, but the Authority's capital is repayable to the State at the times. and in the amounts, that the Minister, in consultation with the Minister of Finance, determines in writing.
W In making a determination under subsection (2), the Minister must take account of any advice that the Board has given to the Minister in relation to the Authority's financial affairs.
Amendment of section 38 of Act 5 of 1998 40.
till The Maritime Fund continues as a fund in the accounts of the Authority.
The Authority [must] is to administer the Fund in the prescribed manner and the [accounts relating to the Fund must be audited annually by the Auditor-General] financial affairs of the Fund in any financial year are to be reflected in the Authority's accounts and financial records for that year.
QJ The Authority is to collect for the benefit of the Fund(ill any amounts ordered by the Authority to be forfeited by way of penalty under the laws referred to in section 2(2); {f2l any amounts declared to be payable to the Fund in terms of any other law; and {.fl any other amounts that become payable to the Fund from time to time.
Money in the Fund [may] is to be applied only for the purpose of furthering the [objectives] objects of the Authority [referred to in section 3].
by the insertion after subsection (4) of the following subsection: "(4A) The Board must include in its annual report for a financial year a report on the activities of the Fund in that financial year."
by the deletion of subsections (5) and (7).
Substitution of section 39 of Act 5 of 1998 41.
The Minister of Finance may, out of money appropriated by Parliament for the purpose, grant or lend money to the Authority on such terms and conditions as [that] the Minister [may determine] determines writing.
Substitution of section 40 of Act 5 of 1998 42.
ill The Authority may ask the Minister of Finance to borrow money [from any source, including a foreign source] on the Authority's behalf otherwise than from the State.
12l Money may be borrowed wholly or partly in foreign currency.
Substitution of section 41 of Act 5 of 1998 43.
ill The Minister. on behalf of the State. may enter into a contract guaranteeing the performance by the Authority of obligations incurred by it under section 40.
12l However, the Minister must first get the written consent of the Minister of Finance. m A contract under this section may include@.
STAATSKOERANT, 15 APRIL 2009 No. 32102 51 fJ2l a provision waiving the immunity of the State from suit in courts of a foreign cou ntry.
Amendment of section 42 of Act 5 of 1998 44.
"rn However, the Minister must first get the written consent of the Minister of Finance.".
Insertion of section 42A in Act 5 of 1998 45.
Repeal of section 43 of Act 5 of 1998 46. Section 43 of the principal Act is repealed.
Amendment of section 44 of Act 5 of 1998 47.
"(3) The Minister may within 60 days after receiving a notice of the proposed determination, give the Authority notice in writing approving or disapproving the proposed determination, but [when the Minister does] in doing so, the Minister must have regard to the [objectives] objects and functions of the Authority."
"(1OA) This section does not affect the operation of section 5(3A)."
by the deletion of subsection (11).
Insertion of section 45A in Act 5 of 1998 48.
No person may use in connection with that person's trade, business, profession or occupation{.
Jll any other word, abbreviation or emblem that imports or suggests that the person enjoys the patronage of the Authority.
(£} A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years.
Q} This section does not apply to the Authority or to anyone appropriately authorised by the Authority.
Amendment of section 46 of Act 5 of 1998 49.
"(1) The Authority, members, officers and other persons acting on behalf of the Authority are exempt from liability for loss or damage resulting from anything done or omitted to be done in good faith in the performance, or purported performance, of the Authority's functions."
(2)(a) of the following words: ''The State indemnifies the Authority [its officers and any person or body acting on its authority] in respect of any civil liability [they] it may incur for loss or damage [suffered by any person by reason of anything done or not done in the carrying out of the Authority's duties referred to in section 4] resulting from anything done or omitted to be done by a member, an officer or a person acting on behalf of the Authority in the performance. or purported performance, of the Authority's functions.
"(a) The State is liable for all unrecoverable reasonable costs and expenses incurred or to be incurred by or on behalf of the Authority, in relation to any incident, in [the carrying out of any duty referred to in section 4 to prevent or combat pollution of the marine environment by ships] performing any function to prevent or combat pollution of the marine environment."
"ill In this subsection 'incident' means any occurrence that causes or threatens pollution of the marine environment.".
Substitution of section 47 of Act 5 of 1998 50.
5, 36 [and] or 49 to [an officer of the Department] the person for the time being holding the office of Director-General of the Department....
Substitution of section 48 of Act 5 of 1998 51.
ill The Board may, by resolution of a majority of its members, delegate all or any of its functions or powers to@l a member of the Board; or f12l a member of the Authority's staff who has the expertise appropriate to the function or power delegated.
rn In performing a delegated function or exercising a delegated power, the delegate must comply with the written directions of the Board.
Q} The delegation continues in force despite a change in the membership of the Board.
ill The delegation may be varied or revoked by resolution of the Board, whether or not there has been a change in the membership of the Board.
l§1 A certificate signed by the Chairperson stating any matter with respect to the delegation is evidence of the matter.
.ill A document purporting to be a certificate mentioned in subsection (5) is deemed to be such a certificate and to have been duly given unless the contrary is established.
Insertion of section 48A in Act 5 of 1998 52.
The Chief Executive Officer may delegate, in writing, all or any of his or her functions or powers to a member of the Authority's staff who has the expertise appropriate to the function or power delegated.
W In performing a delegated function or exercising a delegated power, the delegate must comply with the written directions of the Chief Executive Officer.
ru The delegation may be varied or revoked at any time by the Chief Executive Officer. W A certificate signed by the Chief Executive Officer stating any matter with respect to the delegation is evidence of the matter.
@ A document purporting to be a certificate mentioned in subsection (4) is deemed to be such a certificate and to have been duly given unless the contrary is established.
Repeal of sections 50, 51 and 52 of Act 5 of 1998 53.
Amendment of section 53 of Act 5 of 1998 54.
"(cA) regulating the keeping and inspection of the registers mentioned in sections 21 C. 21 D and 21 E. including the making of copies of. or extracts from. the entries in them;".
Insertion of section 53A in Act 5 of 1998 55.
53A. ill The Authority may, by notice in the Gazette. make rules (in this section called marine rules) about any matter, other than the fixing of penalties, in relation to which provision may be made by regulations under@l section 356 of the Merchant Shipping Act, 1951 (Act No.
1951); f1ll section 14 of the Marine Traffic Act, 1981 (Act No.
1981 (Act NO.6 of 1981); f.!;!l section 3 of the Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act No.
lill section 3 of the Marine Pollution (Intervention) Act, 1987 (Act No. 64 of 1987); section 21 of the Wreck and Salvage Act, 1996 (Act No.
{gl section 56 of the Ship Registration Act. 1998 (Act No. 58 of 1998).
o Marine rules are to be read subject to the relevant Act referred to in subsection (1) and, in the case of any inconsistency, are taken to be valid rules only to the extent that they are not in excess of the power conferred by that Act.
{Jl prescribe penalties.
fs!l make any incidental or supplementary provision about any of the previously described matters that may be reasonably necessary or expedient.
This Act does not affect the period of appointment or the terms and conditions of appointment of any person holding office as a member of the Board of the South African Maritime Safety Authority (including the Chief Executive Officer) immediately before the commencement of this Act.
This Act is called the South African Maritime Safety Authority Amendment Act, 2009, and commences on a day fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.32106408En.2012-02-10.en.txt</fn>
No. 12 of 2009: Division of Revenue Act, 2009.
<fn>GOV-ZA.32112363En.2012-02-10.en.txt</fn>
NOTICE IN TERMS OF SECTION 73 (5) OF THE LOCAL GOVERNMENT MUNICIPAL STRUCTURES ACT, 1998 (ACT NO.
The Minister for Provincial and Local Government intends publishing the notice as set out in the schedule.
The national framework is hereby published for public comment.
Comments may be faxed to: 012 3344842 or 0866964745 or emailed to wardcommittees@dplg.gov.za Comments received after 15 May 2009 will not be considered.
Improve public participation.
I. In these regulations a word or phrase to which a meaning has been assigned in the Local Government: Municipal Strllctures Act, 1998 (Act No.
"the Act" means the Local Government: Municipal Structures Act, 1998 (Act No.
"'ward committee" means a ward committee as contemplated in section 73 of the Local Government Municipal Structures Act, 1998 (Act No.
"out of pocket expenses" -means payment as contemplated in 73 of the Local Government Municipal Structures Act 1998 (Act No.
2.1 To improve public participation. representation and ward level development.
2.2 To guide provinces and municipalities in respect of funding ward development programmes. and the operations of ward committees including out of pocket expenditure for ward committee members.
<fn>GOV-ZA.32121421En.2012-02-10.en.txt</fn>
No. 71 of 2008: Companies Act, 2008.
Rights to seek speciï¬c remedies 30 160. 161. 162. 163. 164. 165.
''Auditing Profession Act'' means the Auditing Profession Act, 2005 (Act No.
''Banks Act'' means the Banks Act, 1993 (Act No.
Securities Services Act, 2004 (Act No.
Companies Act, 1973 (Act No.
Close Corporations Act, 1984 (Act No.
was in existence and recognised as an 'existing company' in terms of the Companies Act, 1973 (Act No. 61 of 1973); or was deregistered in terms of the Companies Act, 1973 (Act No. 61 of 1973), and has subsequently been re-registered in terms of this Act; ''Competition Act'', means the Competition Act, 1998 (Act No.
Communications and Transactions Act, 2002 (Act No.
taken other measures which, if taken, would reasonably be expected to have provided the person with actual knowledge of the matter; ''listed securities'' has the meaning set out in section 1 of the Securities Services Act, 2004 (Act No. 36 of 2004); ''Master'' means the person holding the office of that name in terms of the Supreme Court Act, 1959 (Act No.
2004 (Act No.
at a shareholders meeting, with the support of more than 50% of the voting rights exercised on the resolution, or a higher percentage as contemplated in section 65(8); or by holders of a company's securities acting other than at a meeting, as contemplated in section 60; ''organ of state'' has the meaning set out in section 239 of the Constitution; ''Panel'' means the Takeover Regulation Panel, established by section 196; ''participant'' has the meaning set out in section 1 of the Securities Services Act, 2004 (Act No.
means a direct material interest of that person, of a ï¬nancial, monetary or economic nature, or to which a monetary value may be attributed; but does not include any interest held by a person in a unit trust or collective investment scheme in terms of the Collective Investment Schemes Act, 2002 (Act No.
''registered trade union'' means a trade union registered in terms of section 96 of the Labour Relations Act, 1995 (Act No.
the Companies Act, 1973 (Act No.
the Close Corporations Act, 1984 (Act No.
any other law, means any document issued to the company in terms of that law as evidence of the company's incorporation; or registered external company, means the certiï¬cate of registration issued to it in terms of this Act or the Companies Act, 1973 (Act No. 61 of 1973); ''registry'' means a depository of documents required to be kept by the Commission in terms of section 187(4); ''regulated person or entity'' means a person that has been granted authority to conduct business by a regulatory authority; ''regulation'' means a regulation made under this Act; ''regulatory authority'' means an entity established in terms of national or provincial legislation responsible for regulating an industry, or sector of an industry; ''related'', when used in respect of two persons, means persons who are connected to one another in any manner contemplated in section 2(1)(a) to (c); ''relationship'' includes the connection subsisting between any two or more persons who are related or inter-related, as determined in accordance with section 2; ''rules'' and ''rules of a company'' means any rules made by a company as contemplated in section 15(3) to (5); ''securities'' has the meaning set out in section 1 of the Securities Services Act, 2004 (Act No.
falls within the meaning of ''state-owned enterprise'' in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999); or is owned by a municipality, as contemplated in the Local Government: Municipal Systems Act, 2000 (Act No.
''subsidiary'' has the meaning determined in accordance with section 3; ''Takeover Regulations'' means the regulations made by the Minister in terms of sections 120 and 223; ''this Act'' includes the Schedules and regulations; ''unalterable provision'' means a provision of this Act that does not expressly contemplate that its effect on any particular company may be negated, restricted, limited, qualiï¬ed, extended or otherwise altered in substance or effect by a company's Memorandum of Incorporation or rules; ''uncertiï¬cated securities'' means any securities deï¬ned as such in section 29 of the Securities Services Act, 2004 (Act No.
carry voting rights with respect to that matter; or are presently convertible to securities that carry voting rights with respect to that matter; and ''wholly-owned subsidiary'' has the meaning determined in accordance with section 3(1)(b).
a person directly or indirectly controls each of them, or the business of each of them, as determined in accordance with subsection (2).
in the case of a juristic person that is a trust, that ï¬rst person has the ability to control the majority of the votes of the trustees or to appoint the majority of the trustees, or to appoint or change the majority of the beneï¬ciaries of the trust; or that ï¬rst person has the ability to materially inï¬uence the policy of the juristic person in a manner comparable to a person who, in ordinary commercial practice, would be able to exercise an element of control referred to in paragraph (a), (b) or (c).
With respect to any particular matter arising in terms of this Act, a court, the Companies Tribunal or the Panel may exempt any person from the application of a provision of this Act that would apply to that person because of a relationship contemplated in subsection (1) if the person can show that, in respect of that particular matter, there is sufficient evidence to conclude that the person acts independently of any related or inter-related person.
is or are directly or indirectly able to exercise, or control the exercise of, a majority of the general voting rights associated with issued securities of that company, whether pursuant to a shareholder agreement or otherwise; or has or have the right to appoint or elect, or control the appointment or election of, directors of that company who control a majority of the votes at a meeting of the board; or a wholly-owned subsidiary of another juristic person if all of the general voting rights associated with issued securities of the company are held or controlled, alone or in any combination, by persons contemplated in paragraph (a).
a person as nominee for another person are to be treated as held by that other person; or a person in a ï¬duciary capacity are to be treated as held by the beneï¬ciary of those voting rights.
For the purposes of subsection (2), 'hold', or any derivative of it, refers to the registered or direct or indirect beneï¬cial holder of securities conferring a right to vote.
12 months after the date on which the test is considered; or in the case of a distribution contemplated in paragraph (a) of the deï¬nition of 'distribution' in section 1, 12 months following that distribution.
must consider a fair valuation of the company's assets and liabilities, including any reasonably foreseeable contingent assets and liabilities, irrespective of whether or not arising as a result of the proposed distribution, or otherwise; and may consider any other valuation of the company's assets and liabilities that is reasonable in the circumstances; and unless the Memorandum of Incorporation of the company provides otherwise, a person applying the test in respect of a distribution contemplated in paragraph (a) of the deï¬nition of 'distribution' in section 1 is not to be regarded as a liability any amount that would be required, if the company were to be liquidated at the time of the distribution, to satisfy the preferential rights upon liquidation of shareholders whose preferential rights upon liquidation are superior to the preferential rights upon liquidation of those receiving the distribution.
This Act must be interpreted and applied in a manner that gives effect to the purposes set out in section 7.
To the extent appropriate, a court interpreting or applying this Act may consider foreign company law.
including the day on or by which the second event is to occur; and excluding any public holiday, Saturday or Sunday that falls on or between the days contemplated in paragraphs (a) and (b), respectively.
any applicable provisions of the- (aa) Auditing Profession Act; (bb) Labour Relations Act, 1995 (Act No.
Promotion of Access to Information Act, 2000 (Act No.
Promotion of Administrative Justice Act, 2000 (Act No.
Public Finance Management Act, 1999 (Act No.
Securities Services Act, 2004 (Act No. 36 of 2004); or prevail in the case of an inconsistency involving any of them, except to the extent provided otherwise in section 49(4); or the provisions of this Act prevail in any other case, except to the extent provided otherwise in subsection (5) or section 118(4).
If there is a conï¬ict between a provision of Chapter 8 and a provision of the Public Service Act, 1994 (Proclamation No.103 of 1994), the provisions of that Act prevail.
to be primarily or substantially intended to defeat or reduce the effect of a prohibition or requirement established by or in terms of an unalterable provision of this Act; and void to the extent that it defeats or reduces the effect of a prohibition or requirement established by or in terms of an unalterable provision of this Act.
A person may apply to the Companies Tribunal for an administrative order exempting an agreement, transaction, arrangement, resolution or provision of a company's Memorandum of Incorporation or rules from any prohibition or requirement established by or in terms of an unalterable provision of this Act, other than a provision that falls within the jurisdiction of the Panel.
the purpose and policy served by the relevant prohibition or requirement; and the extent to which the agreement, transaction, arrangement, resolution or provision infringes or would infringe the relevant prohibition or requirement.
in plain language, if no form has been prescribed for that prospectus, notice, disclosure or document.
the vocabulary, usage and sentence structure of the prospectus, notice, disclosure or document; and the use of any illustrations, examples, headings or other aids to reading and understanding in the prospectus, notice, disclosure or document.
The Commission may publish guidelines for methods of assessing whether a prospectus, notice, disclosure or document satisï¬es the requirements of subsection (4)(b).
An unaltered electronically or mechanically generated reproduction of any document, other than a share certiï¬cate, may be substituted for the original for any purpose for which the original could be used in terms of this Act.
negatively and materially affects the substance of the document, record, statement or notice; or is such that it would reasonably mislead a person reading the document, record, statement or notice.
materially reduces the probability that the intended recipient will receive the document, record, statement or notice; or is such as would reasonably mislead a person to whom the document, record, statement or notice is, or is to be, delivered.
If, in terms of this Act, a notice is required or permitted to be given or published to any person, it is sufficient if the notice is transmitted electronically directly to that person in a manner and form such that the notice can conveniently be printed by the recipient within a reasonable time and at a reasonable cost.
a notice of the availability of that document, record or statement, summarising its content and satisfying any prescribed requirements, is delivered to each intended recipient of the document, record or statement, together with instructions for receiving the complete document, record or statement.
all of those persons sign a single original of the document, in person or as contemplated in paragraph (a);or each of those persons signs a separate duplicate original of the document, in person or as contemplated in paragraph (a), and in such a case, the several signed duplicate originals, when combined, constitute the entire document.
make regulations relating to the standards of operation, accessibility, technical requirements, service quality, and fees for the use of any system contemplated in subsection 13; and declare any system established or accredited by the Commission to be an acceptable mechanism for the ï¬ling of any particular document, in lieu of any other requirements set out in legislation relating to the ï¬ling of that document.
provide for the efficient rescue and recovery of ï¬nancially distressed companies, in a manner that balances the rights and interests of all relevant stakeholders; and provide a predictable and effective environment for the efficient regulation of companies.
Two types of companies may be formed and incorporated under this Act, namely proï¬t companies and non-proï¬t companies.
it meets the criteria for a private company; and its Memorandum of Incorporation states that it is a personal liability company; or a public company, in any other case.
is formed pursuant to another law; or was formed pursuant to Letters Patent or Royal Charter before 31 May 1962.
Subject to section 5(4) and (5), any provision of this Act that applies to a public company applies also to a state-owned company, except to the extent that the Minister has granted an exemption in terms of subsection (3).
state-owned companies may request the Minister to grant a total, partial or conditional exemption from one or more provisions of this Act, applicable to all state-owned companies, any class of state-owned companies, or to one or more particular state-owned company; or local government matters may request the Minister to grant a total, partial or conditional exemption from one or more provisions of this Act, applicable to all state-owned companies owned by a municipality, any class of such enterprises, or to one or more particular such enterprises, on the grounds that those provisions overlap or duplicate an applicable regulatory scheme established in terms of any other national legislation.
only to the extent that the relevant alternative regulatory scheme ensures the achievement of the purposes of this Act at least as well as the provisions of this Act; and subject to any limits or conditions necessary to ensure the achievement of the purposes of this Act.
Every provision of this Act applies to a non-proï¬t company, subject to the provisions, limitations, alterations or extensions set out in this section, and in Schedule 1.
Part D of Chapter 2-Capitalisation of proï¬t companies.
Part E of Chapter 2-Securities registration and transfer.
Parts B and D of Chapter 3-Company secretaries, and audit committees, except to the extent contemplated in section 34(2).
Chapter 4-Public offerings of company securities.
Chapter 5-Takeovers, offers and fundamental transactions.
Sections 146(d), and 152(3)(c)-Rights of shareholders to approve a business rescue plan, except to the extent that the non-proï¬t company is itself a shareholder of a proï¬t company engaged in business rescue proceedings.
Section 164-Dissenting shareholders' appraisal rights, except to the extent that the non-proï¬t company is itself a shareholder of a proï¬t company.
apply to a non-proï¬t company only if the company has voting members; and when applied to a non-proï¬t company, are subject to the provisions of item 4 of Schedule 1.
With respect to a non-proï¬t company that has voting members, a reference in this Act to ''a shareholder'', ''the holders of a company's securities'', ''holders of issued securities of that company'' or ''a holder of voting rights entitled to be voted'' is a reference to the voting members of the non-proï¬t company.
round brackets used in pairs to isolate any other part of the name, alone or in any combination; or in the case of a proï¬t company, may be the registration number of the company together with the relevant expressions required by subsection (3).
a name registered for the use of a person as a business name in terms of the Business Names Act, 1960 (Act No.
a registered trade mark belonging to a person other than the company, or a mark in respect of which an application has been ï¬led in the Republic for registration as a trade mark or a well-known trade mark as contemplated in section 35 of the Trade Marks Act, 1993 (Act No.
a mark, word or expression the use of which is restricted or protected in terms of the Merchandise Marks Act, 1941 (Act No.
advocacy of hatred based on race, ethnicity, gender or religion, or incitement to cause harm.
The word ''Incorporated'' or its abbreviation ''Inc.'', in the case of a personal liability company.
The expression ''Proprietary Limited'' or its abbreviation, ''(Pty) Ltd.'', in the case of a private company.
The word ''Limited'' or its abbreviation, ''Ltd.'', in the case of a public company.
The expression ''SOC Ltd.'' in the case of a state-owned company.
The expression ''NPC'', in the case of a non-proï¬t company.
The Minister may prescribe additional commonly recognised symbols for use in company names as contemplated in subsection (1)(a)(iii).
A person may reserve one or more names to be used at a later time, either for a newly incorporated company, or as an amendment to the name of an existing company, by ï¬ling an application together with the prescribed fee.
the name of a registered external company; or already reserved in terms of this section.
A name reservation continues for a period of six months from the date of the application, and may be extended by the Commission for good cause shown, on application by the person for whom the name is reserved together with the prescribed fee, for a period of 60 business days at a time.
A person for whom a name has been reserved in terms of subsection (2) may transfer that reservation to another person by ï¬ling a signed notice of the transfer together with the prescribed fee.
refusing to transfer a reserved name; or cancelling a name reservation.
selling access to names, or trading in or marketing reserved names; or repeatedly attempting to reserve names for the purpose of selling access to names, or trading in or marketing reserved names, the Commission may apply to a court for an order prohibiting the person or persons from applying to reserve any names in terms of this section for a period that the court considers just and reasonable in the circumstances.
a failure to show good cause for a reservation period to be extended; or a pattern of unusually frequent transfers of reserved names without apparent legitimate cause having regard to the nature of the person's profession or business.
register any name as a defensive name for a period of two years; or renew, for a period of two years, the registration of a name as a defensive name, in respect of which he or she has furnished proof, to the satisfaction of the Commission, that he or she has a direct and material interest.
ï¬ling a Notice of Incorporation, in accordance with subsection (2).
ï¬led together with the prescribed fee; and accompanied by a copy of the Memorandum of Incorporation, subject to any declaration contemplated in section 6(14)(b).
If a company's Memorandum of Incorporation includes any provision contemplated in section 15(2)(b) or (c), the Notice of Incorporation ï¬led by the company must include a prominent statement drawing attention to each such provision, and its location in the Memorandum of Incorporation.
the initial directors of the company, as set out in the Notice, are fewer than required by or in terms of section 66(2); or the Commission reasonably believes that any of the initial directors of the company, as set out in the Notice, are disqualiï¬ed in terms of section 69(8), and the remaining directors are fewer than required by or in terms of section 66(2).
the date, if any, stated by the incorporators in the Notice of Incorporation.
must take the steps set out in subsection (1)(b), using the company's registration number, followed by ''Inc.'', ''(Pty) Ltd'', ''Ltd.'
when the company ï¬les such an amended Notice of Incorporation, must- (aa) enter the company's amended name in the companies register; and (bb) issue and deliver to the company an amended registration certiï¬cate showing the amended name of the company.
all the requirements for the incorporation of the company have been complied with; and the company is incorporated under this Act as from the date, and the time, if any, stated in the certiï¬cate.
must be consistent with this Act; and is void to the extent that it contravenes, or is inconsistent with, this Act.
contain any special conditions applicable to the company, and any requirement for the amendment of any such condition in addition to the requirements set out in section 16; or prohibit the amendment of any particular provision of the Memorandum of Incorporation.
ï¬ling a copy of those rules.
on an interim basis from the time it takes effect until it is put to a vote at the next general shareholders meeting of the company; and on a permanent basis only if it has been ratiï¬ed by an ordinary resolution at the meeting contemplated in subparagraph (i).
If a rule that has been published in terms of subsection (3) is not subsequently ratiï¬ed as contemplated in subsection (4)(c), the company's board may not make a substantially similar rule within the ensuing 12 months, unless it has been approved in advance by ordinary resolution at a shareholders meeting.
each director or prescribed officer of the company; or any other person serving the company as a member of the audit committee or as a member of a committee of the board, in the exercise of their respective functions within the company.
The shareholders of a company may enter into any agreement with one another concerning any matter relating to the company, but any such agreement must be consistent with this Act and the company's Memorandum of Incorporation, and any provision of such an agreement that is inconsistent with this Act or the company's Memorandum of Incorporation is void to the extent of the inconsistency.
is adopted at a shareholders meeting, or in accordance with section 60, subject to subsection (3).
A company's Memorandum of Incorporation may provide different requirements than those set out in subsection (1)(c)(i) with respect to proposals for amendments.
the board of that company may amend its Memorandum of Incorporation in the manner contemplated in subsection (1)(c)(i)(aa); and the requirements of subsection (1)(c)(ii) do not apply to the company.
must be effected by a resolution of the company's board; and does not require a special resolution as contemplated in subsection (1)(c)(ii).
making any combination of alterations contemplated in this paragraph.
If a proï¬t company amends its Memorandum of Incorporation in such a manner that it no longer meets the criteria for its particular category of proï¬t company, the company must also amend its name at the same time by altering the ending expression as appropriate to reï¬ect the category of proï¬t company into which it now falls.
has substituted a new Memorandum, as contemplated in subsection (5)(a), the provisions of section 13 (2)(b), read with the changes required by the context, apply to the ï¬ling of the Notice of Amendment; or has altered the existing Memorandum, as contemplated in subsection (5)(b)- (aa) the company must include a copy of the amendment with the Notice of Amendment; and (bb) the Commission may require the company to ï¬le a full copy of its amended Memorandum of Incorporation within a reasonable time.
reserved in terms of section 12 for another person.
the date on, and time at, which the Commission accepts the ï¬ling of the Notice of Amendment; or the date, if any, set out in the Notice of Amendment.
ï¬ling a notice of the alteration.
The Commission, or a director or shareholder of a company, may apply to the Companies Tribunal for an administrative order setting aside the notice of an alteration published in terms of subsection (1), only on the grounds that the alteration exceeds the authority to correct a patent error or defect, as contemplated in that subsection.
At any time, a company that has ï¬led its Memorandum of Incorporation may ï¬le one or more translations of it, in any official language or languages of the Republic.
A translation of a company's Memorandum of Incorporation must be accompanied by a sworn statement by the person who made the translation, stating that it is a true, accurate and complete translation of the Memorandum of Incorporation.
the company may ï¬le a consolidated revision of its Memorandum of Incorporation, as so altered or amended; or the Commission may require the company to ï¬le a consolidated revision of its Memorandum of Incorporation, as so altered or amended.
a sworn statement by a director of the company; or a statement by an attorney or notary public, stating that the consolidated revision is a true, accurate and complete representation of the company's Memorandum of Incorporation, as altered and amended up to the date of the statement.
a translation ï¬led in terms of section 17(3); or a consolidated revision ï¬led in terms of section 17(5), unless the consolidated revision has subsequently been ratiï¬ed by a special resolution at a general shareholders meeting of the company.
The latest version of a company's Memorandum of Incorporation that has been endorsed by the Commission in terms of this Part prevails in the case of any conï¬ict between it and any other purported version of the company's Memorandum of Incorporation.
any further provisions of the company's Memorandum of Incorporation.
A person is not, solely by reason of being an incorporator, shareholder or director of a company, liable for any liabilities or obligations of the company, except to the extent that this Act or the company's Memorandum of Incorporation provides otherwise.
If a company is a personal liability company the directors and past directors are jointly and severally liable, together with the company, for any debts and liabilities of the company as are or were contracted during their respective periods of office.
is accessible for inspection at an office of the company.
any provision of a company's Memorandum of Incorporation contemplated in section 15(2)(b) if the company's Notice of Incorporation or a Notice of Amendment has drawn attention to the provision, as contemplated in section 13(3); or the effect of subsection (3) on a personal liability company.
If a company has amended its Memorandum of Incorporation, the Memorandum of Incorporation as previously adopted by the company has no force or effect with respect to any right, cause of action or matter occurring or arising after the date on which the amendment took effect.
After a company has changed its name, any legal proceedings that might have been commenced or continued by or against the company under its former name may be commenced or continued by or against it under its new name.
the company and its shareholders, directors or prescribed officers; or the shareholders and directors or prescribed officers of the company, no person may rely on such limitation, restriction or qualiï¬cation to assert that an action contemplated in paragraph (a) is void.
If a company's Memorandum of Incorporation limits, restricts or qualiï¬es the purposes, powers or activities of that company, or limits the authority of the directors to perform an act on behalf of the company, the shareholders, by special resolution, may ratify any action by the company or the directors that is inconsistent with any such limit, restriction or qualiï¬cation, subject to subsection (3).
An action contemplated in subsection (2) may not be ratiï¬ed if it is in contravention of this Act.
One or more shareholders, directors or prescribed officers of a company, or a trade union representing employees of the company, may take proceedings to restrain the company from doing anything inconsistent with this Act.
obtained those rights in good faith; and did not have actual knowledge of the limit, restriction or qualiï¬cation.
this Act; or a limitation, restriction or qualiï¬cation contemplated in this section, unless that action has been ratiï¬ed by the shareholders in terms of subsection (2).
A person dealing with a company in good faith, other than a director, prescribed officer or shareholder of the company, is entitled to presume that the company, in making any decision in the exercise of its powers, has complied with all of the formal and procedural requirements in terms of this Act, its Memorandum of Incorporation and any rules of the company unless, in the circumstances, the person knew or reasonably ought to have known of any failure by the company to comply with any such requirement.
Subsection (7) must be construed concurrently with, and not in substitution for, any relevant common law principle relating to the presumed validity of the actions of a company in the exercise of its powers.
A person may enter into a written agreement in the name of, or purport to act in the name of, or on behalf of, an entity that is contemplated to be incorporated in terms of this Act, but does not yet exist at the time.
the contemplated entity is not subsequently incorporated; or after being incorporated, the company rejects any part of such an agreement or action.
If, after its incorporation, a company enters into an agreement on the same terms as, or in substitution for, an agreement contemplated in subsection (1), the liability of a person under subsection (2) in respect of the substituted agreement is discharged.
Within three months after the date on which a company was incorporated the board of that company may completely, partially or conditionally ratify or reject any pre-incorporation contract or other action purported to have been made or done in its name or on its behalf, as contemplated in subsection (1).
If, within three months after the date on which a company was incorporated, the board has neither ratiï¬ed nor rejected a particular pre-incorporation contract, or other action purported to have been made or done in the name of the company, or on its behalf, as contemplated in subsection (1), the company will be regarded to have ratiï¬ed that agreement or action.
the agreement is as enforceable against the company as if the company had been a party to the agreement when it was made; and the liability of a person under subsection (2) in respect of the ratiï¬ed agreement or action is discharged.
If a company rejects an agreement or action contemplated in subsection (1), a person who bears any liability in terms of subsection (2) for that rejected agreement or action may assert a claim against the company for any beneï¬t it has received, or is entitled to receive, in terms of the agreement or action.
carry on its business recklessly, with gross negligence, with intent to defraud any person or for any fraudulent purpose; or trade under insolvent circumstances.
If the Commission has reasonable grounds to believe that a company is engaging in conduct prohibited by subsection (1), the Commission may issue a notice to the company to show cause why the company should be permitted to continue carrying on its business, or to trade, as the case may be.
If a company to whom a notice has been issued in terms of subsection (2) fails within 20 business days to satisfy the Commission that it is not engaging in conduct prohibited by subsection (1), the Commission may issue a compliance notice to the company requiring it to cease carrying on its business or trading, as the case may be.
as an external non-proï¬t company if, within the jurisdiction in which it was incorporated, it meets legislative or deï¬nitional requirements that are comparable to the legislative or deï¬nitional requirements of a non-proï¬t company incorporated under this Act; or as an external proï¬t company, if, within the jurisdiction in which it was incorporated, it meets legislative or deï¬nitional requirements that are comparable to the legislative or deï¬nitional requirements of a proï¬t company incorporated under this Act.
securing or collecting any debt, or enforcing any mortgage or security interest.
acquiring any interest in any property; and entering into contracts of employment.
subsequently, by ï¬ling a notice of change of registered office, together with the prescribed fee.
ï¬ve business days after the date on which the notice was ï¬led.
enter the prescribed information concerning each external company in the register; and in the case of an external company whose name is a foreign registration number but does not indicate the name of the foreign jurisdiction in which it was incorporated, append to its name on the registry the name of that jurisdiction in a manner comparable to that required for a company under section 11(3)(a).
register as required by subsection (1) within 20 business days after receiving the notice; or if it fails to register within the time allowed in paragraph (a), to cease carrying on its business or activities within the Republic.
in written form, or other form or manner that allows that information to be converted into written form within a reasonable time; and for a period of seven years, or any longer period of time speciï¬ed in any other applicable public regulation, subject to subsection (2).
If a company has existed for a shorter time than contemplated in subsection (1)(b), the company is required to retain records for that shorter time.
of each such meeting; or on which each such resolution was adopted.
a securities register or its equivalent, as required by section 50; and the records required in terms of section 85, if that section applies to the company.
name and registration number of every other company or foreign company of which the person is a director, and in the case of a foreign company, the nationality of that company; and any other prescribed information.
before attaining majority, or by persons who have been adopted, married, divorced or widowed; or in other circumstances prescribed by the Minister.
The records referred to in section 24 must be accessible at or from the company's registered office or another location, or other locations, within the Republic.
are not kept at or made accessible from the company's registered office, as contemplated in subsection (1); or are moved from one location to another.
by direct request made to the company in the prescribed manner, either in person or through an attorney or other personal representative designated in writing; or in accordance with the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).
In addition to the information rights set out in subsection (1)(a), the Memorandum of Incorporation of a company may establish additional information rights of any person, with respect to any information pertaining to the company, but no such right may negate or diminish any mandatory protection of any record, as set out in Part 3 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).
The register of members and register of directors of a company, must, during business hours for reasonable periods be open to inspection by any member, free of charge and by any other person, upon payment for each inspection of an amount not more than R100,00.
the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000); or any other public regulation.
The Minister may make regulations respecting the exercise of the rights set out in this section.
fail to accommodate any reasonable request for access, or to unreasonably refuse access, to any record that a person has a right to inspect or copy in terms of this section; or to otherwise impede, interfere with, or attempt to frustrate, the reasonable exercise by any person of the rights set out in this section.
A company must have a ï¬nancial year, ending on a date set out in the company's Notice of Incorporation, subject to any change made in terms of subsection (4).
begins on the date that the incorporation of the company is registered, as stated in its registration certiï¬cate; and ends on the date set out in the Notice of Incorporation, which may not be more than 15 months after the date contemplated in paragraph (a).
begins when the preceding ï¬nancial year ends; and ends on the ï¬rst anniversary of the date contemplated in paragraph (a), unless the ï¬nancial year end has been changed as contemplated in subsection (4).
the newly established ï¬nancial year end must be later than the date on which the notice is ï¬led; and the date as changed may not result in a ï¬nancial year ending more than 15 months after the end of the preceding ï¬nancial year.
Despite subsection (2)(b) or (3), the ï¬nancial year of a company that has changed the date contemplated in subsection (1) ends on the date as changed.
If, in a particular year, the ï¬nancial year of a company ends on a Saturday, Sunday or public holiday, that ï¬nancial year will be regarded to have ended on the next following business day.
The ï¬nancial year of the company is its annual accounting period.
as necessary to enable the company to satisfy its obligations in terms of this Act or any other law with respect to the preparation of ï¬nancial statements; and including any prescribed accounting records, which must be kept in the prescribed manner and form.
A company's accounting records must be kept at, or be accessible from, the registered office of the company.
any person to falsify a company's accounting records.
For greater certainty, the Commission may issue a compliance notice, as contemplated in section 171, to a company in respect of any failure by the company to comply with the requirements of this section, irrespective whether that failure constitutes an offence in terms of subsection (3).
the name, and professional designation, if any, of the individual who prepared, or supervised the preparation of, those statements.
false or misleading in any material respect; or incomplete in any material particular, subject only to subsection (3).
setting out the steps required to obtain a copy of the ï¬nancial statements that it summarises.
ï¬nancial reporting standards contemplated in this Part; or form and content requirements for summaries contemplated in subsection (3).
different categories of proï¬t companies.
the statements that it summarises do not comply with the requirements of subsection (1), or are materially false or misleading, as contemplated in subsection (2); or the summary does not comply with the requirements of subsection (3), or is materially false or misleading.
Each year, a company must prepare annual ï¬nancial statements within six months after the end of its ï¬nancial year, or such shorter period as may be appropriate to provide the required notice of an annual general meeting in terms of section 61(7).
every person who is a holder of, or has a beneï¬cial interest in, any securities issued by the company is also a director of the company unless the company has only one director, and that director is a person contemplated in section 69(12).
be approved by the board and signed by an authorised director; and be presented to the ï¬rst shareholders meeting after the statements have been approved by the board.
the number and class of any securities issued to a director or person holding any prescribed office in the company, or to any person related to any of them, and the consideration received by the company for those securities; and details of service contracts of current directors and individuals who hold any prescribed office in the company.
as directors or prescribed officers of any other company within the same group of companies; or otherwise in connection with the carrying on of the affairs of the company or any other company within the same group of companies.
the interest actually charged to the borrower, if less.
the categories of any private companies that are required to have their respective annual ï¬nancial statements audited, as contemplated in subsection (2)(b)(i); and the manner, form and procedures for the conduct of an independent review other than an audit, as contemplated in subsection (2)(b)(ii)(bb), as well as the professional qualiï¬cations, if any, of persons who may conduct such reviews.
without demand to receive a notice of the publication of any annual ï¬nancial statements of the company required by this Act, setting out the steps required to obtain a copy of those statements; and on demand to receive without charge one copy of any annual ï¬nancial statements of the company required by this Act.
If a judgment creditor of a company has been informed, by a person whose duty it is to execute the judgment, that there appears to be insufficient disposable property to satisfy that judgment, the judgement creditor is entitled within ï¬ve business days after making a demand, to receive without charge, one copy of the most recent annual ï¬nancial statements of the company.
Trade unions must, through the Commission and under conditions as determined by the Commission, be given access to company ï¬nancial statements for purposes of initiating a business rescue process.
provide its full registered name or registration number to any person on demand; and not misstate its name or registration number in a manner likely to mislead or deceive any person.
If the Commission has issued to a company a registration certiï¬cate with an interim name, as contemplated in section 14(2)(b), the company must use its interim name, until its name has been amended.
use the name or registration number of a company in a manner likely to convey an impression that the person is acting or communicating on behalf of that company, unless the company has authorised that person to do so; or use a form of name for any purpose if, in the circumstances, the use of that form of name is likely to convey a false impression that the name is the name of a company.
Every company must have its name and registration number mentioned in legible characters in all notices and other official publications of the company, including such notices and publications in electronic format as contemplated in the Electronic Communications and Transactions Act, and in all bills of exchange, promissory notes, cheques and orders for money or goods and in all letters, delivery notes, invoices, receipts and letters of credit of the company.
Contravention of subsection (1), (2), (3) or (4) is an offence.
A company, or incorporator, shareholder or director of a company, or a person acting with the authority or on behalf of the company, must not, by any act or omission, misrepresent to any person, in any way or to any degree, the true legal status of the company.
Despite section 19(2), if a person contravenes subsection (6), a court, on application by any person affected by that failure, may impose personal liability on any shareholder, director or incorporator of the company for any liability or obligation of the company, to the extent that the court determines to be just and equitable in the circumstances.
a copy of its annual ï¬nancial statements, if it is required to have such statements audited in terms of section 30(2)(a); and any other prescribed information.
Every external company must ï¬le an annual return in the prescribed form with the prescribed fee, and within the prescribed period after the anniversary of the date on which it was registered in terms of section 23(1).
Each year, in its annual return ï¬led in terms of subsection (1), every company must designate a director, employee or other person who is responsible for the company's compliance with the requirements of this Part, and Chapter 3, if it applies to the company.
In addition to complying with the requirements of this Part, a public company or state-owned company must also comply with the extended accountability requirements set out in Chapter 3.
A private company, personal liability company or non-proï¬t company is not required to comply with the extended accountability requirements set out in Chapter 3, except to the extent that the company's Memorandum of Incorporation provides otherwise.
A share issued by a company is movable property, transferable in any manner provided for or recognised by this Act or other legislation.
A share does not have a nominal or par value, subject to item 6 of Schedule 5.
A company may not issue shares to itself.
An authorised share of a company has no rights associated with it until it has been issued.
acquired by that company, as contemplated in section 48; or surrendered to that company in the exercise of appraisal rights in terms of section 164, have the same status as shares that have been authorised but not issued.
Despite the repeal of the Companies Act, 1973 (Act No.
the operation of subsection (5); and the regulations contemplated in item 6(3) of Schedule 5.
which must not be issued until the board of the company has determined the associated preferences, rights, limitations or other terms, as contemplated in subparagraph (ii).
an amendment of the Memorandum of Incorporation by special resolution of the shareholders; or the board of the company, in the manner contemplated in subsection (3), except to the extent that the Memorandum of Incorporation provides otherwise.
classify any unclassiï¬ed shares that have been authorised as contemplated in subsection (1)(c), but are not issued; or determine the preferences, rights, limitations or other terms of shares in a class contemplated in subsection (1)(d).
If the board of a company acts pursuant to its authority contemplated in subsection (3), the company must ï¬le a Notice of Amendment of its Memorandum of Incorporation, setting out the changes effected by the board.
All of the shares of any particular class authorised by a company have preferences, rights, limitations and other terms that are identical to those of other shares of the same class, except to the extent that the company's Memorandum of Incorporation provides otherwise.
those shares have a right to be voted on every matter that may be decided by shareholders of the company; and the holders of that class of shares are entitled to receive the net assets of the company upon its liquidation.
for each particular matter that may be submitted for a decision to shareholders of the company, at least one class of the company's shares has voting rights that may be exercised on that matter; and the holders of at least one class of the company's shares, irrespective of whether it is the same as any class contemplated in paragraph (a), are entitled to receive the net assets of the company upon its liquidation.
entitle the shareholders to distributions calculated in any manner, including dividends that may be cumulative, non-cumulative, or partially cumulative, subject to the requirements of sections 46 and 47; or provide for shares of that class to have preference over any other class of shares with respect to distributions, or rights upon the ï¬nal liquidation of the company.
The Memorandum of Incorporation of a company may provide for preferences, rights, limitations or other terms of any class of shares of that company to vary in response to any objectively ascertainable external fact or facts.
''external fact or facts'' includes the occurrence of any event, a variation in any fact, benchmark or other point of reference, a determination or action by the company, its board, or any other person, an agreement to which the company is a party, or any other document; and the manner in which a fact affects the preferences, rights, limitations or other terms of shares must be expressly determined by or in terms of the company's Memorandum of Incorporation, in accordance with section 36.
notiï¬ed the company in advance of the intention to oppose the resolution to amend the Memorandum of Incorporation; and was present at the meeting, and voted against that resolution.
The board of a company may resolve to issue shares of the company at any time, but only within the classes, and to the extent, that the shares have been authorised by or in terms of the company's Memorandum of Incorporation, in accordance with section 36.
that have not been authorised in accordance with section 36; or in excess of the number of authorised shares of any particular class, the issuance of those shares may be retroactively authorised in accordance with section 36.
the company must return to any person the fair value of the consideration received by the company in respect of that share issue to the extent that it is nulliï¬ed, together with interest in accordance with the Prescribed Rate of Interest Act, 1975 (Act No.
was present at a meeting when the board approved the issue of any unauthorised shares, or participated in the making of such a decision in terms of section 74; and failed to vote against the issue of those shares, despite knowing that the shares had not been authorised in accordance with section 36.
as contemplated in section 40(5) to (7); or capitalisation shares issued as contemplated in section 47.
If a private company proposes to issue any shares, other than as contemplated in subsection (1)(b), each shareholder of that private company has a right, before any other person who is not a shareholder of that company, to be offered and, within a reasonable time to subscribe for, a percentage of the shares to be issued equal to the voting power of that shareholder's general voting rights immediately before the offer was made.
A private or personal liability company's Memorandum of Incorporation may limit, negate, restrict or place conditions upon the right set out in subsection (2), with respect to any or all classes of shares of that company.
in exercising a right in terms of subsection (2), a shareholder may subscribe fewer shares than the shareholder would be entitled to subscribe under that subsection; and shares not subscribed by a shareholder within the reasonable time contemplated in subsection (2), may be offered to other persons to the extent permitted by the Memorandum of Incorporation.
in terms of conversion rights associated with previously issued securities of the company; or as a capitalisation share as contemplated in section 47.
Before a company issues any particular shares, the board must determine the consideration for which, and the terms on which, those shares will be issued.
A determination by the board of a company in terms of subsection (2) as to the adequacy of consideration for any shares may not be challenged on any basis other than in terms of section 76, read with section 77(2).
those shares are fully paid; and the company must issue those shares and cause the name of the holder to be entered on the company's securities register in accordance with Part E of this Chapter.
issue the shares immediately; and cause the issued shares to be transferred to a third party, to be held in trust and later transferred to the subscribing party in accordance with a trust agreement.
to the extent that the instrument is dishonoured after becoming negotiable, or that the subscribing party has failed to fulï¬l its obligations under the agreement, must be returned to the company and cancelled, on demand by the company.
a negotiable instrument is dishonoured after becoming negotiable by the company; or in the case of an agreement, the subscribing party has failed to fulï¬l any obligation in terms of the agreement for a period of at least 40 business days after the date on which the obligation was due to be fulï¬lled.
person related or inter-related to the company, or to a director or prescribed officer of the company; or nominee of a person contemplated in paragraph (a) or (b).
pursuant to an employee share scheme that satisï¬es the requirements of section 97; or pursuant to an offer to the public, as deï¬ned in section 95(1)(h), read with section 96.
An issue of shares, securities convertible into shares, or rights exercisable for shares in a transaction, or a series of integrated transactions, requires approval of the shareholders by special resolution if the voting power of the class of shares that are issued or issuable as a result of the transaction or series of integrated transactions will be equal to or exceed 30% of the voting power of all the shares of that class held by shareholders immediately before the transaction or series of transactions.
taken together, they lead to substantial involvement in a business activity that did not previously form part of the company's principal activity.
was present at a meeting when the board approved the issue of any securities as contemplated in this section, or participated in the making of such a decision in terms of section 74; and failed to vote against the issue of those securities, despite knowing that the issue of those securities was inconsistent with this section.
In this section, 'future director' or 'future prescribed officer' does not include a person who becomes a director or prescribed officer of the company more than six months after acquiring a particular option or right.
A company may issue options for the allotment or subscription of authorised shares or other securities of the company.
any options are issued; and the related shares or other securities are to be issued.
any options, constitutes also the decision of the board to issue any authorised shares or other securities for which the options may be exercised; or any securities convertible into shares of any class, constitutes also the decision of the board to issue the authorised shares into which the securities may be converted.
for which the options could be exercised; or into which any securities could be converted, had not been authorised in terms of section 36.
''security document'' includes any document by which a debt instrument is offered or proposed to be offered, embodying the terms and conditions of the debt instrument including, but not limited to, a trust deed or certiï¬cate.
may authorise the company to issue a secured or unsecured debt instrument at any time, except to the extent provided by that the company's Memorandum of Incorporation; and must determine whether each such debt instrument is secured or unsecured.
attending and voting at general meetings and the appointment of directors; or allotment of securities, redemption by the company, or substitution of the debt instrument for shares of the company, provided that the securities to be allotted or substituted in terms of any such privilege, are authorised by or in terms of the company's Memorandum of Incorporation in accordance with section 36.
Every security document must clearly indicate, on its ï¬rst page, whether the relevant debt instrument is secured or unsecured.
is not a director or prescribed officer of the company, or a person related or inter-related to the company, a director or a prescribed officer; and does not have any interest in, or relationship with, the company that might conï¬ict with the duties of a trustee; and the board is satisï¬ed that the person has the requisite knowledge and experience to carry out the duties of a trustee.
satisfy the requirements of subsection (5)(a); and be approved by the holders of at least 75% by value of debt instruments present at a meeting called for that purpose.
Any provision contained in a trust deed for securing any debt instruments, or in any agreement with the holders of any debt instruments secured by a trust deed, is void to the extent that it would exempt a trustee from, or indemnify a trustee against, liability for breach of trust, or failure to exercise the degree of care and diligence required of the prudent and careful person, having regard to the provisions of the trust deed respecting the powers, authorities or discretions of the trustee.
enabling a release to be given with the consent of the majority of not less than three fourths in value of the holders of debt instruments present and voting at a meeting called for the purpose; and with respect to a speciï¬c act or omission, or of the trustee dying or ceasing to act.
In this section, ''ï¬nancial assistance'' does not include lending money in the ordinary course of business by a company whose primary business is the lending of money.
To the extent that the Memorandum of Incorporation of a company provides otherwise, the board may authorise the company to provide ï¬nancial assistance by way of a loan, guarantee, the provision of security or otherwise to any person for the purpose of, or in connection with, the subscription of any option, or any securities, issued or to be issued by the company or a related or inter-related company, or for the purchase of any securities of the company or a related or inter-related company, subject to subsections (3) and (4).
immediately after providing the ï¬nancial assistance, the company would satisfy the solvency and liquidity test; and the terms under which the ï¬nancial assistance is proposed to be given are fair and reasonable to the company.
In addition to satisfying the requirements of subsection (3), the board must ensure that any conditions or restrictions respecting the granting of ï¬nancial assistance set out in the company's Memorandum of Incorporation have been satisï¬ed.
this section; or a prohibition, condition or requirement contemplated in subsection (4).
was present at the meeting when the board approved the resolution or agreement, or participated in the making of such a decision in terms of section 74; and failed to vote against the resolution or agreement, despite knowing that the provision of ï¬nancial assistance was inconsistent with this section or a prohibition, condition or requirement contemplated in subsection (4).
an amount to defray the person's expenses for removal at the company's request.
Except to the extent that the Memorandum of Incorporation of a company provides otherwise, the board may authorise the company to provide direct or indirect ï¬nancial assistance to a director or prescribed officer of the company or of a related or inter-related company, or to a related or inter-related company or corporation, or to a member of a related or inter-related corporation, or to a person related to any such company, corporation, director, prescribed officer or member, subject to subsections (3) and (4).
pursuant to an employee share scheme that satisï¬es the requirements of section 97; or pursuant to a special resolution of the shareholders, adopted within the previous two years, which approved such assistance either for the speciï¬c recipient, or generally for a category of potential recipients, and the speciï¬c recipient falls within that category; and the board is satisï¬ed that immediately after providing the ï¬nancial assistance, the company would satisfy the solvency and liquidity test.
within 10 business days after the board adopts the resolution, if the total value of all loans, debts, obligations or assistance contemplated in that resolution, together with any previous such resolution during the ï¬nancial year, exceeds one-tenth of 1% of the company's net worth at the time of the resolution; or within 30 business days after the end of the ï¬nancial year, in any other case.
it reasonably appears that the company will satisfy the solvency and liquidity test immediately after completing the proposed distribution; and the board of the company, by resolution, has acknowledged that it has applied the solvency and liquidity test, as set out in section 4, and reasonably concluded that the company will satisfy the solvency and liquidity test immediately after completing the proposed distribution.
When the board of a company has adopted a resolution contemplated in subsection (1)(c), the relevant distribution must be fully carried out, subject only to subsection (3).
the board must reconsider the solvency and liquidity test with respect to the remaining distribution to be made pursuant to the original resolution, order or obligation; and despite any law, order or agreement to the contrary, the company must not proceed with or continue with any such distribution unless the board adopts a further resolution as contemplated in subsection (1)(c).
apply at the time that the board resolves that the company may incur that debt or obligation; and do not apply to any subsequent action of the company in satisfaction of that debt or obligation, except to the extent that the resolution, or the terms and conditions of the debt or obligation, provide otherwise.
is just and equitable, having regard to the ï¬nancial circumstances of the company; and ensures that the person to whom the company is required to make a payment in terms of the original order is paid at the earliest possible date compatible with the company satisfying its other ï¬nancial obligations as they fall due and payable.
was present at the meeting when the board approved a distribution as contemplated in this section, or participated in the making of such a decision in terms of section 74; and failed to vote against the distribution, despite knowing that the distribution was contrary to this section.
shares of one class may be issued as a capitalisation share in respect of shares of another class; and subject to subsection (2), when resolving to award a capitalisation share, the board may at the same time resolve to permit any shareholder entitled to receive such an award to elect instead to receive a cash payment, at a value determined by the board.
has considered the solvency and liquidity test, as required by section 46, on the assumption that every such shareholder would elect to receive cash; and is satisï¬ed that the company would satisfy the solvency and liquidity test immediately upon the completion of the distribution.
The making of a demand, tendering of shares and payment by a company to a shareholder in terms of a shareholder's appraisal rights set out in section 164 do not constitute an acquisition of its shares by the company within the meaning of this section.
not more than 10%, in aggregate, of the number of issued shares of any class of shares of a company may be held by, or for the beneï¬t of, all of the subsidiaries of that company, taken together; and no voting rights attached to those shares may be exercised while the shares are held by the subsidiary, and it remains a subsidiary of the company whose shares it holds.
shares held by one or more subsidiaries of the company; or convertible or redeemable shares.
An agreement with a company providing for the acquisition by the company of shares issued by it is enforceable against the company, subject to subsections (2) and (3).
is just and equitable, having regard to the ï¬nancial circumstances of the company; and ensures that the person to whom the company is required to make a payment in terms of the agreement is paid at the earliest possible date compatible with the company satisfying its other ï¬nancial obligations as they fall due and payable.
the person from whom the shares were acquired to return the amount paid by the company; and the company to issue to that person an equivalent number of shares of the same class as those acquired.
was present at the meeting when the board approved an acquisition of shares contemplated in this section, or participated in the making of such a decision in terms of section 74; and failed to vote against the acquisition of shares, despite knowing that the acquisition was contrary to this section or section 46.
In this Part, ''certiï¬cated'' means evidenced by a certiï¬cate, as contemplated in subsection (2)(a).
uncertiï¬cated, in which case the company must not issue certiï¬cates evidencing or purporting to evidence title to those securities, subject to subsection (6).
the rights and obligations of security holders are not different solely on the basis of their respective securities being certiï¬cated or uncertiï¬cated; and any provision of this Act applies with respect to any uncertiï¬cated securities in the same manner as it applies to certiï¬cated securities.
apply only to uncertiï¬cated securities; and prevail in the case of a conï¬ict between any provision of those sections and any other provision of this Act, any other law, the common law, the company's Memorandum of Incorporation or any agreement.
Any certiï¬cated securities may cease to be evidenced by certiï¬cates, and thereafter be uncertiï¬cated, in which case any provision of this Act contemplated in subsection (4) applies to those securities from the date on which they ceased to be evidenced by certiï¬cates.
sections 52 to 55 cease to apply to those securities; and for greater certainty, transfer of ownership in those securities cannot be effected by a participant or central securities depository while they remain in certiï¬cated form.
The Minister may make regulations regarding matters that are supplementary and ancillary to the provisions of this Part.
maintain its securities register in accordance with the prescribed standards.
referred to in subsection (2)(b), read with the changes required by the context; or determined by the rules of the central securities depository.
A securities register, or an uncertiï¬cated securities register, maintained in accordance with this Act is sufficient proof of the facts recorded in it, in the absence of evidence to the contrary.
Unless all the shares of a company rank equally for all purposes, the company's shares, or each class of shares, and any other securities, must be distinguished by an appropriate numbering system.
must be signed by two persons authorised by the company's board; and is proof that the named security holder owns the securities, in the absence of evidence to the contrary.
A signature contemplated in subsection (1)(b) may be affixed to or placed on the certiï¬cate by autographic, mechanical or electronic means.
A certiï¬cate remains valid despite the subsequent departure from office of any person who signed it.
each certiï¬cate issued in respect of those shares must be distinguished by a numbering system; and if the share has been transferred, the certiï¬cate must be endorsed with a reference number or similar device that will enable each preceding holder of the share in succession to be identiï¬ed.
the date of the transfer; and the value of any consideration still to be received by the company on each share or interest, in the case of a transfer of securities contemplated in section 40(5) and (6).
is evidenced by a proper instrument of transfer that has been delivered to the company; or was effected by operation of law.
At the request of a company, and on payment of the prescribed fee, if any, a participant or central securities depository, as determined in accordance with the rules of the central securities depository, must furnish that company with all details of that company's uncertiï¬cated securities reï¬ected in the uncertiï¬cated securities register.
through the relevant company in terms of section 26; and in accordance with the rules of the central securities depository.
Within ï¬ve business days after the date of a request for inspection, a company must produce a record of the uncertiï¬cated securities register, which record must reï¬ect at least the details referred to in section 50(3)(b) at the close of business on the day on which the request for inspection was made.
must not impose a charge for a statement on the person entitled to the statement; and may impose a charge or service fee for such a statement on the relevant company in accordance with the regulations.
The regulations contemplated in section 49(7) may provide for a charge or service fee for statements contemplated in subsection (4)(c).
an instruction to transfer sent and properly authenticated in terms of the rules of a central securities depository; or an order of a court; and in accordance with this section and the rules of the central securities depository.
debiting the account in the uncertiï¬cated securities register from which the transfer is effected; and crediting the account in the uncertiï¬cated securities register to which the transfer is effected, in accordance with the rules of a central securities depository.
The requirements of section 51(5), read with the changes required by the context, apply with respect to a transfer of uncertiï¬cated securities.
affect the relevant uncertiï¬cated securities; or have resulted in the transfer being effected, but a transferee who was a party to or had knowledge of the fraud or illegality, or had knowledge of the insolvency, as the case may be, may not rely on this subsection.
A court may not order the name of a transferee contemplated in this section to be removed from a uncertiï¬cated securities register, unless that person was a party to or had knowledge of a fraud or illegality as contemplated in subsection (4).
Nothing in this section prejudices any power of a participant or central securities depository, as the case may be, to effect a transfer to a person to whom the right to any uncertiï¬cated securities of a company has been transmitted by operation of law.
notify the relevant company to provide the requested certiï¬cate; and remove the details of the uncertiï¬cated securities from the uncertiï¬cated securities register.
prepare and deliver to the relevant person a certiï¬cate in respect of the securities; and notify the central securities depository that the securities are no longer held in uncertiï¬cated form.
A company may charge a holder of its securities a reasonable fee to cover the actual costs of issuing a certiï¬cate, as contemplated in this section.
the number of uncertiï¬cated securities is increased, reduced, or remains unaltered; or the description of any uncertiï¬cated securities is changed, is liable to any person who has suffered any direct loss or damage arising out of that action.
warrant the legality and correctness of that instruction; and indemnify the company and the participant or central securities depository required to effect the transfer in accordance with the rules of the central securities depository, against any claim and against any direct loss or damage suffered by them arising out of such a transfer by virtue of an instruction referred to in this subsection.
a company against any claim made upon it and against any direct loss or damage suffered by it arising out of a transfer of any uncertiï¬cated securities; and any other person against any direct loss or damage arising out of a transfer of any uncertiï¬cated securities, if that transfer was effected by the participant or central securities depository without instruction, or in accordance with an instruction that was not sent and properly authenticated in terms of the rules of a central securities depository, or in a manner inconsistent with an instruction that was sent and properly authenticated in terms of the rules of a central securities depository.
Except to the extent that a company's Memorandum of Incorporation provides otherwise, the company's issued securities may be held by, and registered in the name of, one person for the beneï¬cial interest of another person.
is entitled to exercise or control the exercise of the majority of the voting rights at general meetings of a juristic person that has a beneï¬cial interest in that security; or gives directions or instructions to a juristic person that has a beneï¬cial interest in that security, and its directors or the trustees are accustomed to act in accordance with that person's directions or instructions.
the identity of the person on whose behalf that security is held; and the number and class of securities held for each such person with a beneï¬cial interest.
be disclosed in writing to the company within ï¬ve business days after the end of every month; and otherwise be provided on payment of a prescribed fee charged by the registered holder of securities.
provide particulars of the extent of the beneï¬cial interest held during the three years preceding the date of the notice; and disclose the identity of each person with a beneï¬cial interest in the securities held by that person.
The information required in terms of subsection (5) must be provided not later than 10 business days after receipt of the notice.
establish and maintain a register of the disclosures made in terms of this section; and publish in its annual ï¬nancial statements, if it is required to have such statements audited in terms of section 30(2), a list of the persons who hold beneï¬cial interests equal to or in excess of 5% of the total number of securities of that class issued by the company, together with the extent of those beneï¬cial interests.
In this Part, ''shareholder'' means a person who is entitled to exercise any voting rights in relation to a company, irrespective of the form, title or nature of the securities to which those voting rights are attached.
that shareholder may exercise any or all of the voting rights pertaining to that company on any matter, at any time, without notice or compliance with any other internal formalities, except to the extent that the company's Memorandum of Incorporation provides otherwise; and sections 59 to 65 do not apply to the governance of that company.
that director may exercise any power or perform any function of the board at any time, without notice or compliance with any other internal formalities, except to the extent that the company's Memorandum of Incorporation provides otherwise; and sections 71(3) to (7), 73 and 74 do not apply to the governance of that company.
a resolution adopted by those persons in their capacity as shareholders has at least the support that would have been required for it to be adopted as an ordinary or special resolution, as the case may be, at a properly constituted shareholder's meeting; and when acting in their capacity as shareholders, those persons are not subject to the provisions of section 73 to 78 relating to the duties, obligations, liabilities and indemniï¬cation of directors.
The board of a company that holds any securities of a second company may authorise any person to act as its representative at any shareholders meeting of that second company.
A person authorised to act as a company's representative, as contemplated in subsection (5), may exercise the same powers as the authorising company could have exercised if it were an individual holder of securities.
participate in, and speak and vote at, a shareholders meeting on behalf of the shareholder; or give or withhold written consent on behalf of the shareholder to a decision contemplated in section 60, provided that the shareholder may appoint more than one proxy to exercise voting rights attached to different shares held by the shareholder.
one year after the date on which it was signed; or any longer or shorter period expressly set out in the appointment, unless it is revoked in a manner contemplated in subsection (4)(c), or expires earlier as contemplated in subsection (8)(d).
a proxy may delegate the proxy's authority to act on behalf of the shareholder to another person, subject to any restriction set out in the instrument appointing the proxy; and a copy of the instrument appointing a proxy must be delivered to the company, or to any other person on behalf of the company, before the proxy exercises any rights of the shareholder at a shareholders meeting.
cancelling it in writing, or making a later inconsistent appointment of a proxy; and delivering a copy of the revocation instrument to the proxy, and to the company.
the date stated in the revocation instrument, if any; or the date on which the revocation instrument was delivered as required in subsection (4)(c)(ii).
directed the company to do so, in writing; and paid any reasonable fee charged by the company for doing so.
A proxy is entitled to exercise, or abstain from exercising, any voting right of the shareholder without direction, except to the extent that the Memorandum of Incorporation, or the instrument appointing the proxy, provides otherwise.
the company must not require that the proxy appointment be made irrevocable; and the proxy appointment remains valid only until the end of the meeting at which it was intended to be used, subject to subsection (5).
Subsection (8)(b) and (d) do not apply if the company merely supplies a generally available standard form of proxy appointment on request by a shareholder.
receive a distribution; or be allotted or exercise other rights.
earlier than the date on which the record date is determined; or more than 10 business days before the date on which the event or action, for which the record date is being set, is scheduled to occur; and must be published to the shareholders in a manner that satisï¬es any prescribed requirements.
in the case of a meeting, the latest date by which the company is required to give shareholders notice of that meeting; or the date of the action or event, in any other case, unless the Memorandum of Incorporation or rules of the company provide otherwise.
submitted for consideration to the shareholders entitled to exercise voting rights in relation to the resolution; and voted on in writing by shareholders entitled to exercise voting rights in relation to the resolution within 20 business days after the resolution was submitted to them.
will have been adopted if it is supported by persons entitled to exercise sufficient voting rights for it to have been adopted as an ordinary or special resolution, as the case may be, at a properly constituted shareholders meeting; and if adopted, has the same effect as if it had been approved by voting at a meeting.
An election of a director that could be conducted at a shareholders meeting may instead be conducted by written polling of all of the shareholders entitled to exercise voting rights in relation to the election of that director.
Within 10 business days after adopting a resolution, or conducting an election of directors, in terms of this section, the company must deliver a statement describing the results of the vote, consent process, or election to every shareholder who was entitled to vote on or consent to the resolution, or vote in the election of the director, as the case may be.
For greater certainty, any business of a company that is required by this Act or the company's Memorandum of Incorporation to be conducted at an annual general meeting of the company, may not be conducted in the manner contemplated in this section.
The board of a company, or any other person speciï¬ed in the company's Memorandum of Incorporation or rules, may call a shareholders meeting at any time.
in terms of subsection (3) or (7); or by the company's Memorandum of Incorporation.
each such demand describes the speciï¬c purpose for which the meeting is proposed; and in aggregate, demands for substantially the same purpose are made and signed by the holders, as the earliest time speciï¬ed in any of those demands, of at least 10% of the voting rights entitled to be exercised in relation to the matter proposed to be considered at the meeting.
A company's Memorandum of Incorporation may specify a lower percentage in substitution for that set out in subsection (3)(b).
A company, or any shareholder of the company, may apply to a court for an order setting aside a demand made in terms of subsection (3) on the grounds that the demand is frivolous, calls for a meeting for no other purpose than to reconsider a matter that has already been decided by the shareholders, or is otherwise vexatious.
a shareholder who submitted a demand for that meeting may withdraw that demand; and the company must cancel the meeting if, as a result of one or more demands being withdrawn, the voting rights of any remaining shareholders continuing to demand the meeting, in aggregate, fall below the minimum percentage of voting rights required to call a meeting.
initially, no more than 18 months after the company's date of incorporation; and thereafter, once in every calendar year, but no more than 15 months after the date of the previous annual general meeting, or within an extended time allowed by the Companies Tribunal, on good cause shown.
an auditor for the ensuing ï¬nancial year; and an audit committee; and any matters raised by shareholders, with or without advance notice to the company.
the board of the company may determine the location for any shareholders meeting of the company; and a shareholders meeting of the company may be held in the Republic or in any foreign country.
Every shareholders meeting of a public company must be reasonably accessible within the Republic for electronic participation by shareholders in the manner contemplated in section 63(2), irrespective of whether the meeting is held in the Republic or elsewhere.
any other person authorised by the company's Memorandum of Incorporation may convene the meeting; or if no person has been authorised as contemplated in paragraph (a), the Companies Tribunal, on a request by any shareholder, may issue an administrative order for a shareholders meeting to be convened on a date, and subject to any terms, that the Tribunal considers appropriate in the circumstances.
when required by shareholders in terms of subsection (3); or within the time required by subsection (7), a shareholder may apply to a court for an order requiring the company to convene a meeting on a date, and subject to any terms, that the court considers appropriate in the circumstances.
The company must compensate a shareholder who applies to the Companies Tribunal in terms of subsection (11), or to a court in terms of subsection (12), respectively, for the costs of those proceedings.
Any failure to hold a meeting as required by this section does not affect the existence of a company, or the validity of any action by the company.
10 business days before the meeting is to begin, in any other case.
A company's Memorandum of Incorporation may provide for longer minimum notice periods than required by subsection (1).
section 63(1) requires that meeting participants provide satisfactory identiï¬cation.
waive notice of the meeting; or in the case of a material defect in the manner and form of giving notice, ratify the defective notice.
any such matter may be severed from the agenda, and the notice remains valid with respect to any remaining matters on the agenda; and the meeting may proceed to consider a severed matter, if the defective notice in respect of that matter has been ratiï¬ed in terms of subsection (4)(d).
An immaterial defect in the form or manner of giving notice of a shareholders meeting, or an accidental or inadvertent failure in the delivery of the notice to any particular shareholder to whom it was addressed, does not invalidate any action taken at the meeting.
allege a material defect in the form of notice for a particular item on the agenda for the meeting; and participate in the determination whether to waive the requirements for notice, or ratify a defective notice; and except to the extent set out in paragraph (b), is regarded to have waived any right based on an actual or alleged material defect in the notice of the meeting.
that person must present reasonably satisfactory identiï¬cation; and the person presiding at the meeting must be reasonably satisï¬ed that the right of that person to participate and vote, either as a shareholder, or as a proxy for a shareholder, has been reasonably veriï¬ed.
a shareholders meeting to be conducted entirely by electronic communication; or one or more shareholders, or proxies for shareholders, to participate by electronic communication in all or part of a shareholders meeting that is being held in person, so long as the electronic communication employed ordinarily enables all persons participating in that meeting to communicate concurrently with each other without an intermediary, and to participate reasonably effectively in the meeting.
the notice of that meeting must inform shareholders of the availability of that form of participation, and provide any necessary information to enable shareholders or their proxies to access the available medium or means of electronic communication; and access to the medium or means of electronic communication is at the expense of the shareholder or proxy, except to the extent that the company determines otherwise.
Any person present and entitled to exercise voting rights must on a show of hands have only one vote, irrespective of the number of shares he or she holds or represents.
On a poll at any meeting of a company, any member including his or her proxy, must be entitled to exercise all the voting rights attached to the shares held or represented by that person.
a shareholders meeting may not begin until sufficient persons are present at the meeting to exercise, in aggregate, at least 25% of all of the voting rights that are entitled to be exercised in respect of at least one matter to be decided at the meeting; and a matter to be decided at the meeting may not begin to be considered unless sufficient persons are present at the meeting to exercise, in aggregate, at least 25% of all of the voting rights that are entitled to be exercised on that matter at the time the matter is called on the agenda.
A company's Memorandum of Incorporation may specify a lower or higher percentage in place of the 25% required in either or both of subsection (1)(a) or (b).
at least three shareholders are present at the meeting; and the requirements of subsection (1) or the Memorandum of Incorporation, if different, are satisï¬ed.
if there is other business on the agenda of the meeting, consideration of that matter may be postponed to a later time in the meeting without motion or vote; or if there is no other business on the agenda of the meeting, the meeting is adjourned for one week, without motion or vote.
exceptional circumstances affecting weather, transportation or electronic communication have generally impeded or are generally impeding the ability of shareholders to be present at the meeting; or one or more particular shareholders, having been delayed, have communicated an intention to attend the meeting, and those shareholders, together with others in attendance, would satisfy the requirements of subsection (1), or (3) if applicable.
the period of one hour contemplated in subsections (4) and (5), respectively; or the period of one week contemplated in subsection (4).
the location of the postponed or adjourned meeting; or a location announced at the time of adjournment, in the case of an adjourned meeting.
If, at the time appointed in terms of this section for a postponed meeting to begin, or for an adjourned meeting to resume, the requirements of subsection (1), or (3) if applicable, have not been satisï¬ed, the members of the company present in person or by proxy will be deemed to constitute a quorum.
Unless the company's Memorandum of Incorporation or rules provide otherwise, after a quorum has been established for a meeting, or for a matter to be considered at a meeting, the meeting may continue, or the matter may be considered, so long as at least one shareholder with voting rights entitled to be exercised at the meeting, or on that matter, is present at the meeting.
held by all of the persons who are present at the meeting at the time; and that are entitled to be exercised on at least one matter remaining on the agenda of the meeting, or on the matter under debate, as the case may be.
to a ï¬xed time and place; or until further notice, as agreed at the meeting; and requires that a further notice be given to shareholders only if the meeting determined that the adjournment was ''until further notice'', as contemplated in paragraph (a)(ii).
the date that is 120 business days after the record date determined in accordance with section 59; or the date that is 60 business days after the date on which the adjournment occurred.
A company's Memorandum of Incorporation may provide for different maximum periods of adjournment of meetings than those set out in subsection (12), or for unlimited adjournment of meetings.
Every resolution of shareholders is either an ordinary resolution or a special resolution.
The board may propose any resolution to be considered by shareholders, and may determine whether that resolution will be considered at a meeting, or by vote or written consent in terms of section 60.
by written vote in terms of section 60.
expressed with sufficient clarity and speciï¬city; and accompanied by sufficient information or explanatory material to enable a shareholder who is entitled to vote on the resolution to determine whether to participate in the meeting and to seek to inï¬uence the outcome of the vote on the resolution.
take appropriate steps to alter the resolution so that it satisï¬es the requirements of subsection (4); and compensate the applicant for costs of the proceedings, if successful.
Once a resolution has been approved, it may not be challenged or impugned by any person in any forum on the grounds that it did not satisfy subsection (4).
For an ordinary resolution to be approved by shareholders, it must be supported by more than 50% of the voting rights exercised on the resolution.
a higher percentage of voting rights to approve an ordinary resolution; or one or more higher percentages of voting rights to approve ordinary resolutions concerning one or more particular matters, respectively, provided that there must at all times be a margin of at least 10 percentage points between the requirements for approval of an ordinary resolution, and a special resolution, on any matter.
For a special resolution to be approved by shareholders, it must be supported by at least 75% of the voting rights exercised on the resolution.
a lower percentage of voting rights to approve any special resolution; or one or more lower percentages of voting rights to approve special resolutions concerning one or more particular matters, respectively, provided that there must at all times be a margin of at least 10 percentage points between the requirements for approval of an ordinary resolution, and a special resolution, on any matter.
approve the voluntary winding-up of the company, as contemplated in section 80(1); or approve any proposed fundamental transaction, to the extent required by Part A of Chapter 5.
A company's Memorandum of Incorporation may require a special resolution to approve any other matter not contemplated in subsection (11).
The business and affairs of a company must be managed by or under the direction of its board, which has the authority to exercise all of the powers and perform any of the functions of the company, except to the extent that this Act or the company's Memorandum of Incorporation provides otherwise.
in the case of a private company, or a personal liability company, at least one director; or in the case of a public company, or a non-proï¬t company, at least three directors.
A company's Memorandum of Incorporation may specify a higher number in substitution for the minimum number of directors required by subsection (2).
the appointment or election of one or more persons as alternate directors of the company; and in the case of a proï¬t company other than a state-owned company, must provide for the election by shareholders of at least 50% of the directors, and 50% of any alternate directors.
powers and functions of any other director of the company, except to the extent that the company's Memorandum of Incorporation restricts the powers, functions or duties of an ex offÄ±cio director; and duties, and is subject to all of the liabilities, of any other director of the company.
has been appointed or elected in accordance with this Part, or holds an office, title, designation or similar status entitling that person to be an ex offÄ±cio director of the company, subject to subsection (5)(a); and has delivered to the company a written consent to serve as its director.
Except to the extent that the Memorandum of Incorporation of a company provides otherwise, the company may pay remuneration to its directors for their service as directors, subject to subsection (9).
Remuneration contemplated in subsection (8) may be paid only in accordance with a special resolution approved by the shareholders within the previous two years.
The Minister may make regulations designating any speciï¬c function or functions within a company to constitute a prescribed office for the purposes of this Act.
Any failure by a company at any time to have the minimum number of directors required by this Act or the company's Memorandum of Incorporation, does not limit or negate the authority of the board, or invalidate anything done by the board or the company.
ï¬rst elected in accordance with section 68 or the company's Memorandum of Incorporation.
If the number of incorporators of a company, together with any ex offÄ±cio directors, or directors to be appointed as contemplated in section 66(4)(a)(i), is fewer than the minimum number of directors required for that company in terms of this Act or the company's Memorandum of Incorporation, the board must call a shareholders meeting within 40 business days after incorporation of the company for the purpose of electing sufficient directors to ï¬ll all vacancies on the board at the time of the election.
Subject to subsection (3), each director of a company, other than the ï¬rst directors or a director contemplated in section 66(4)(a)(i) or (ii), must be elected by the persons entitled to exercise voting rights in such an election, to serve for an indeï¬nite term, or for a term as set out in the Memorandum of Incorporation.
each voting right entitled to be exercised may be exercised once; and the vacancy is ï¬lled only if a majority of the voting rights exercised support the candidate.
Unless the Memorandum of Incorporation of a company provides otherwise, the board may appoint a person who satisï¬es the requirements for election as a director to ï¬ll any vacancy and serve as a director of the company on a temporary basis until the vacancy has been ï¬lled by election in terms of subsection (2), and during that period any person so appointed has all of the powers, functions and duties, and is subject to all of the liabilities, of any other director of the company.
a prescribed officer; or a person who is a member of a committee of a board of a company, or of the audit committee of a company, irrespective of whether or not the person is also a member of the company's board.
be appointed or elected as a director of a company, or consent to being appointed or elected as a director; or act as a director of a company.
A company must not knowingly permit an ineligible or disqualiï¬ed person to serve or act as a director.
A person who becomes ineligible or disqualiï¬ed while serving as a director of a company ceases to be a director immediately, subject to section 70(2).
A person who has been placed under probation by a court in terms of section 162, or in terms of section 47 of the Close Corporations Act, 1984 (Act No. 69 of 1984), must not serve as a director except to the extent permitted by the order of probation.
additional grounds of ineligibility or disqualiï¬cation of directors; or minimum qualiï¬cations to be met by directors of that company.
is an unemancipated minor, or is under a similar legal disability; or does not satisfy any qualiï¬cation set out in the company's Memorandum of Incorporation.
a court has prohibited that person to be a director, or declared the person to be delinquent in terms of section 162, or in terms of section 47 of the Close Corporations Act, 1984 (Act No.
under this Act, the Insolvency Act, 1936 (Act No. 24 of 1936), the Close Corporations Act, 1984, the Competition Act, the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), the Securities Services Act, 2004 (Act No. 36 of 2004), or Chapter 2 of the Prevention and Combating of Corruption Activities Act, 2004 (Act No. 12 of 2004).
ï¬ve years after the date of removal from office, or the completion of the sentence imposed for the relevant offence, as the case may be; or at the end of one or more extensions, as determined by a court from time to time, on application by the Commission in terms of subsection (10).
the Commission may apply to a court for an extension contemplated in subsection (9)(b); and the court may extend the disqualiï¬cation for no more than ï¬ve years at a time, if the court is satisï¬ed that an extension is necessary to protect the public, having regard to the conduct of the disqualiï¬ed person up to the time of the application.
A court may exempt a person from the application of any provision of subsection (8)(b).
persons related to that disqualiï¬ed person, and each such person has consented in writing to that person being a director of the company.
The Commission must establish and maintain in the prescribed manner a public register of persons who are disqualiï¬ed from serving as a director, or who are subject to an order of probation as a director, in terms of an order of a court pursuant to this Act or any other law.
by order of the court in terms of section 71(5) or (6).
the expiry of the time for ï¬ling an application for review in terms of section 71(5); or the granting of an order by the court on such an application, but the director is suspended from office during that time.
by a poll of the persons entitled to exercise voting rights in an election of the director, as contemplated in section 60(3).
If, as a result of a vacancy arising on the board of a company there are no remaining directors of a company, any holder of voting rights entitled to be exercised in the election of a director may convene a meeting for the purpose of such an election.
A person contemplated in subsection (4) may apply to a court for relief, and the court may grant a supervisory order relating to a meeting convened in terms of that paragraph if the court is satisï¬ed that such an order is required to prevent the oppression, or preserve the rights, of any shareholder.
Every company must ï¬le a notice within 10 business days after a person becomes or ceases to be a director of the company.
Despite anything to the contrary in a company's Memorandum of Incorporation or rules, or any agreement between a company and a director, or between any shareholders and a director, a director may be removed by an ordinary resolution adopted at a shareholders meeting by the persons entitled to exercise voting rights in an election of that director, subject to subsection (2).
the director concerned must be given notice of the meeting and the resolution, at least equivalent to that which a shareholder is entitled to receive, irrespective of whether or not the director is a shareholder of the company; and the director must be afforded a reasonable opportunity to make a presentation, in person or through a representative, to the meeting, before the resolution is put to a vote.
ineligible or disqualiï¬ed in terms of section 69, other than on the grounds contemplated in section 69(8)(a);or incapacitated to the extent that the director is unable to perform the functions of a director, and is unlikely to regain that capacity within a reasonable time; or has neglected, or been derelict in the performance of, the functions of director, the board, other than the director concerned, must determine the matter by resolution, and may remove a director whom it has determined to be ineligible or disqualiï¬ed, incapacitated, or negligent or derelict, as the case may be.
notice of the meeting, including a copy of the proposed resolution and a statement setting out reasons for the resolution, with sufficient speciï¬city to reasonably permit the director to prepare and present a response; and a reasonable opportunity to make a presentation, in person or through a representative, to the meeting before the resolution is put to a vote.
If, in terms of subsection (3), the board of a company has determined that a director is ineligible or disqualiï¬ed, incapacitated, or has been negligent or derelict, as the case may be, the director concerned, or a person who appointed that director as contemplated in section 66(4)(a)(i), if applicable, may apply within 20 business days to a court to review the determination of the board.
conï¬rm the determination of the board; or remove the director from office, if the court is satisï¬ed that the director is ineligible or disqualiï¬ed, incapacitated, or has been negligent or derelict.
An applicant in terms of subsection (6) must compensate the company, and any other party, for costs incurred in relation to the application, unless the court reverses the decision of the board.
in any circumstances contemplated in subsection (3), any director or shareholder of the company may apply to the Companies Tribunal, to make a determination contemplated in that subsection; and subsections (4), (5) and (6), each read with the changes required by the context, apply to the determination of the matter by the Companies Tribunal.
loss of office as a director; or loss of any other office as a consequence of being removed as a director.
This section is in addition to the right of a person, in terms of section 162, to apply to a court for an order declaring a director delinquent, or placing a director on probation.
appoint any number of committees of directors; and delegate to any committee any of the authority of the board.
may consult with or receive advice from any person; and has the full authority of the board in respect of a matter referred to it.
The creation of a committee, delegation of any power to a committee, or action taken by a committee, does not alone satisfy or constitute compliance by a director with the required duty of a director to the company, as set out in section 76.
the size of its workforce; or the nature and extent of its activities.
25% of the directors, in the case of a board that has at least 12 members; or two directors, in any other case.
A company's Memorandum of Incorporation may specify a higher or lower percentage or number in substitution for those set out in subsection (1)(b).
a meeting of the board may be conducted by electronic communication; or one or more directors may participate in a meeting by electronic communi cation, so long as the electronic communication facility employed ordinarily enables all persons participating in that meeting to communicate concurrently with each other without an intermediary, and to participate effectively in the meeting.
such a determination must comply with any requirements set out in the Memorandum of Incorporation, or rules, of the company; and no meeting of a board may be convened without notice to all of the directors, subject to subsection (5).
the chair may cast a deciding vote, if the chair did not initially have or cast a vote; or the matter being voted on fails, in any other case.
any declaration given by notice or made by a director as required by section 75; and every resolution adopted by the board.
must be dated and sequentially numbered; and are effective as of the date of the resolution, unless the resolution states otherwise.
Any minutes of a meeting, or a resolution, signed by the chair of the meeting, or by the chair of the next meeting of the board, is evidence of the proceedings of that meeting, or adoption of that resolution, as the case may be.
Except to the extent that the Memorandum of Incorporation of a company provides otherwise, a decision that could be voted on at a meeting of the board of that company may instead be adopted by written consent of a majority of the directors, given in person, or by electronic communication, provided that each director has received notice of the matter to be decided.
A decision made in the manner contemplated in this section is of the same effect as if it had been approved by voting at a meeting.
holds all of the beneï¬cial interests of all of the issued securities of the company; and is the only director of that company.
approve or enter into any agreement in which the person or a related person has a personal ï¬nancial interest; or as a director, determine any other matter in which the person or a related person has a personal ï¬nancial interest, unless the agreement or determination is approved by an ordinary resolution of the shareholders after the director has disclosed the nature and extent of that interest to the shareholders.
At any time, a director may disclose any personal ï¬nancial interest in advance, by delivering to the board, or shareholders in the case of a company contemplated in subsection (3), a notice in writing setting out the nature and extent of that interest, to be used generally for the purposes of this section until changed or withdrawn by further written notice from that director.
is to be regarded as being present at the meeting for the purpose of determining whether sufficient directors are present to constitute the meeting; and is not to be regarded as being present at the meeting for the purpose of determining whether a resolution has sufficient support to be adopted; and must not execute any document on behalf of the company in relation to the matter unless speciï¬cally requested or directed to do so by the board.
If a director of a company acquires a personal ï¬nancial interest in an agreement or other matter in which the company has a material interest, or knows that a related person has acquired a personal ï¬nancial interest in the matter, after the agreement or other matter has been approved by the company, the director must promptly disclose to the board, or to the shareholders in the case of a company contemplated in subsection (3), the nature and extent of that interest, and the material circumstances relating to the director or related person's acquisition of that interest.
was approved in the manner contemplated in this section; or has been ratiï¬ed by an ordinary resolution of the shareholders.
A court, on application by any interested person, may declare valid a transaction or agreement that had been approved by the board, or shareholders as the case may be, despite the failure of the director to satisfy the requirements of this section.
reasonably believes that the information is- (aa) immaterial to the company; or (bb) generally available to the public, or known to the other directors; or is bound not to disclose that information by a legal or ethical obligation of conï¬dentiality.
carrying out the same functions in relation to the company as those carried out by that director; and having the general knowledge, skill and experience of that director.
any information, opinions, recommendations, reports or statements, including ï¬nancial statements and other ï¬nancial data, prepared or presented by any of the persons speciï¬ed in subsection (5).
within the particular person's professional or expert competence; or as to which the particular person merits conï¬dence; or a committee of the board of which the director is not a member, unless the director has reason to believe that the actions of the committee do not merit conï¬dence.
any provision of the company's Memorandum of Incorporation.
an allotment by the company, despite knowing that the allotment was contrary to any provision of Chapter 4, to the extent that the allotment or an acceptance is declared void under section 109(1) read with section 218(1).
the amount by which the value of the distribution exceeded the amount that could have been distributed without causing the company to fail to satisfy the solvency and liquidity test; and the amount, if any, recovered by the company from persons to whom the distribution was made.
requiring the company to indemnify any director who has been or may be held liable in terms of this section, including indemniï¬cation for the costs of the proceedings under this subsection.
The liability of a person in terms of this section is joint and several with any other person who is or may be held liable for the same act.
Proceedings to recover any loss, damages or costs for which a person is or may be held liable in terms of this section may not be commenced more than three years after the act or omission that gave rise to that liability.
to pay the costs of all parties in the court in a proceeding contemplated in this section unless the proceedings are abandoned, or exculpate that person; and to restore to the company any amount improperly paid by the company as a consequence of the impugned act, and not recoverable in terms of this Act.
the director is or may be liable, but has acted honestly and reasonably; or having regard to all the circumstances of the case, including those connected with the appointment of the director, it would be fair to excuse the director.
A director who has reason to apprehend that a claim may be made alleging that the director is liable, other than for wilful misconduct or wilful breach of trust, may apply to a court for relief, and the court may grant relief to the director on the same grounds as if the matter had come before the court in terms of subsection (9).
a duty contemplated in section 75 or 76; or liability contemplated in section 77; or negate, limit or restrict any legal consequences arising from an act or omission that constitutes wilful misconduct or wilful breach of trust on the part of the director.
A company may not directly or indirectly pay any ï¬ne that may be imposed on the director of the company, or of a related company, who has been convicted of an offence in terms of any national legislation.
are abandoned or exculpate the director; or arise in respect of any liability for which the company may indemnify the director, in terms of subsections (5) and (6).
Except to the extent that the Memorandum of Incorporation of a company provides otherwise, a company may indemnify a director in respect of any liability arising other than as contemplated in subsection (6).
in terms of section 77(3)(a), (b) or (c);or from willful misconduct or willful breach of trust on the part of the director; or any ï¬ne contemplated in subsection (3).
any liability for which the company is permitted to indemnify a director in accordance with subsection (5).
A company is entitled to claim restitution from a director of the company or of a related company for any money paid directly or indirectly by the company to or on behalf of that director in any manner inconsistent with this section.
by the company; or by the company's creditors, as determined by the resolution of the company; or winding-up and liquidation by court order, as contemplated in section 81.
The procedures for winding-up and liquidation of a solvent company, whether voluntary or by court order, are governed by this Part and, to the extent applicable, by the laws referred to or contemplated in item 9 of Schedule 5.
If, at any time after a company has adopted a resolution contemplated in section 80, or after an application has been made to a court as contemplated in section 81, it is determined that the company to be wound up is or may be insolvent, a court, on application by any interested person, may order that the company be wound up as an insolvent company in terms of the laws referred to or contemplated in item 9 of Schedule 5.
A solvent company may be wound up voluntarily if the company has adopted a special resolution to do so, which may provide for the winding-up to be by the company, or by its creditors.
A resolution providing for the voluntary winding-up of a company must be ï¬led, together with the prescribed notice and ï¬ling fee.
a sworn statement by a director authorised by the board of the company, stating that the company has no debts; and a certiï¬cate by the company's auditor, or if it does not have an auditor, a person who meets the requirements for appointment as an auditor, and appointed for the purpose, stating that to the best of the auditor's knowledge and belief and according to the ï¬nancial records of the company, the company appears to have no debts.
Any costs incurred in furnishing the security referred to in subsection (3) may be paid by the company.
the shareholders of the company in a general meeting, in the case of a winding-up by the company; or the creditors, in the case of a winding-up by creditors.
A voluntary winding-up of a company begins when the resolution of the company has been ï¬led in terms of subsection (2).
When a resolution has been ï¬led in terms of subsection (2), the Commission must promptly deliver a copy of it to the Master.
it must stop carrying on its business except to the extent required for the beneï¬cial winding-up of the company; and all of the powers of the company's directors cease, except to the extent speciï¬cally authorised- (aa) in the case of a winding-up by the company, by the liquidator or the shareholders in a general meeting; or (bb) in the case of a winding-up by creditors, the liquidator or the creditors.
the company, its directors or prescribed officers or other persons in control of the company are acting or have acted in a manner that is fraudulent or otherwise illegal, the Commission or Panel, as the case may be, has issued a compliance notice in respect of that conduct, and the company has failed to comply with that compliance notice; and within the previous ï¬ve years, enforcement procedures in terms of this Act or the Close Corporations Act, 1984 (Act No. 69 or 1984), were taken against the company, its directors or prescribed officers, or other persons in control of the company for substantially the same conduct, resulting in an administrative ï¬ne, or conviction for an offence.
acquiring another shareholder; or the distribution of the estate of a former shareholder, and the present shareholder, and other or former shareholder, in aggregate, satisï¬ed the requirements of paragraph (a).
any of the directors have resigned, or have been removed in terms of section 71, and the court concludes that the remaining directors were not materially implicated in the conduct on which the application was based; or one or more shareholders have applied to the court for a declaration in terms of section 162 to declare delinquent the directors, if any, responsible for the alleged misconduct, and the court is satisï¬ed that the removal of those directors would bring the misconduct to an end.
an application has been made to the court in terms of subsection (1)(a) or (b); or the court has made an order applied for in terms of subsection (1)(c), (d), (e) or (f).
When the affairs of a company have been completely wound up, and a court order of ï¬nal liquidation has been made, the Master must promptly ï¬le a certiï¬cate to that effect, together with a copy of the court order.
record the dissolution of the company in the prescribed manner; and remove the company's name from the companies register.
has determined in the prescribed manner that the company appears to have been inactive for at least seven years, and no person has demonstrated a reasonable interest in, or reason for, it's continued existence; or has received a request in the prescribed manner and form and has determined that the company- (aa) has ceased to carry on business; and (bb) has no assets or, because of the inadequacy of its assets, there is no reasonable probability of the company being liquidated.
If the Commission deregisters a company as contemplated in subsection (3), any interested person may apply in the prescribed manner and form to the Commission, to reinstate the registration of the company.
A company is dissolved as of the date its name is removed from the companies register.
The removal of a company's name from the companies register does not affect the liability of any former director or shareholder of the company or any other person in respect of any act or omission that took place before the company was removed from the register.
Any liability contemplated in subsection (2) continues and may be enforced as if the company had not been removed from the register.
the liquidator of the company, or other person with an interest in the company, may apply to a court for an order declaring the dissolution to have been void, or any other order that is just and equitable in the circumstances; and if the court declares the dissolution to have been void, any proceedings may be taken against the company as might have been taken if the company had not been dissolved.
except to the extent that the company has been exempted from the application of this Chapter, in terms of section 9; and subject to subsection (3); and a private company, a personal liability company or a non-proï¬t company, only to the extent contemplated in section 34(2) or as otherwise required by this Act to have its ï¬nancial statements audited.
the provisions of this Chapter and of the listing requirements apply concurrently, to the extent that it is possible to apply and comply with one of the inconsistent provisions without contravening the second; and to the extent that it is impossible to apply or comply with one of the inconsistent provisions without contravening the second, the provisions of this Act prevail.
if there is a conï¬ict between a provision of this Chapter and a provision of the Public Audit Act, 2004 (Act No.
despite the provisions of this Chapter to the contrary, the state-owned company is not required to appoint an auditor for any ï¬nancial year in respect of which the Auditor-General has elected, in terms of the Public Audit Act, 2004 (Act No. 25 of 2004), to conduct an audit of that enterprise; and in any year in which the state-owned company is required by this Chapter to appoint an auditor, any requirement in terms of the Public Audit Act, 2004 (Act No. 25 of 2004), to have the appointment of the company's auditor approved by the Auditor-General applies to that company, in addition to the relevant provisions of this Chapter.
a person to serve as auditor, in the manner and for the purposes set out in Part C; and an audit committee, in the manner and for the purposes set out in Part D.
as required by this Chapter; or voluntarily, as contemplated in section 34(2).
give notice to the holders of the company's securities of a general meeting, and convene such a meeting, to make that appointment; and assess a pro-rata share of the cost of convening the general meeting to each director of the company who knowingly permitted the company to fail to make the appointment in accordance with this Part.
A company that has been given notice contemplated in subsection (6)(a),ora director who has been assessed any portion of the costs of a meeting, as contemplated in subsection (6)(b), may apply to the Companies Tribunal to set aside the notice, or the assessment, in whole or in part.
the name, registration number and registered office address of that ï¬rm or juristic person; and the name of any individual contemplated in section 90(3), if that section is applicable; and any changes in the particulars referred to in paragraphs (a) and (b), as they occur, with the date and nature of each such change.
Within 10 business days after making an appointment contemplated in subsection (1), or after the termination of service of such an appointment, a company must ï¬le a notice of the appointment or termination, as the case may be, subject to subsection (4).
The incorporators of a company may ï¬le a notice of the appointment of the company's ï¬rst company secretary, auditor or audit committee as part of the company's Notice of Incorporation.
A public company or state-owned company must appoint a person knowledgeable or experienced in relevant laws as a company secretary.
Every company secretary must be a permanent resident of the Republic, and must remain so while serving in that capacity, irrespective of whether the appointment is made as required by subsection (1), or voluntarily as contemplated in section 34(2).
the directors of the company; or an ordinary resolution of the holders of the company's securities.
Within 60 business days after a vacancy arises in the office of company secretary, the board must ï¬ll the vacancy by appointing a person whom the directors consider to have the requisite knowledge and experience.
every employee of that juristic person who provides company secretary services, or partner and employee of that partnership, as the case may be, satisï¬es the requirements contemplated in section 84(5); and at least one employee of that juristic person, or one partner or employee of that partnership, as the case may be, satisï¬es the requirements contemplated in section 86.
A change in the membership of a juristic person or partnership that holds office as company secretary does not constitute a casual vacancy in the office of company secretary, if the juristic person or partnership continues to satisfy the requirements of subsection (1).
the company is entitled to assume that the juristic person or partnership satisï¬es the requirements of subsection (1), until the company has received a notice contemplated in paragraph (a); and any action taken by the juristic person or partnership in performance of its functions as company secretary is not invalidated merely because the juristic person or partnership had ceased to satisfy the requirements of subsection (1) at the time of that action.
A company's secretary is accountable to the company's board.
ensuring that a copy of the company's annual ï¬nancial statements is sent, in accordance with this Act, to every person who is entitled to it; and carrying out the functions of a person designated in terms of section 33(3).
one month written notice; or less than one month written notice, with the approval of the board.
If the company secretary is removed from office by the board, the company secretary may require the company to include a statement in its annual ï¬nancial statements relating to that ï¬nancial year, not exceeding a reasonable length, setting out the company secretary's contention as to the circumstances that resulted in the removal.
If the company secretary wishes to exercise the power referred to in subsection (2), the company secretary must give written notice to that effect to the company by not later than the end of the ï¬nancial year in which the removal took place and that notice must include the statement referred to in subsection (2).
The statement of the company secretary referred to in subsection (2) must be included in the directors' report in the company's annual ï¬nancial statements.
Upon its incorporation, and each year at its annual general meeting, a public company or state-owned company must appoint an auditor.
a person who, at any time during the ï¬ve ï¬nancial years immediately preceding the date of appointment, was a person contemplated in any of subparagraphs (i) to (iv); or a person related to a person contemplated in subparagraphs (i) to (v); and must be acceptable to the company's audit committee as being independent of the company, having regard to the matters enumerated in section 94(8), in the case of a company that has appointed an audit committee, whether as required by section 94, or voluntarily as contemplated in section 34(2).
If a company appoints a ï¬rm as an auditor, the individual determined by that ï¬rm, in terms of section 44(1) of the Auditing Profession Act, to be responsible for performing the functions of auditor must satisfy the requirements of subsection (2).
If a company that is required to appoint an auditor does not do so when it registers the incorporation of the company, the directors of the company must appoint the ï¬rst auditor of the company within 40 business days after the date of incorporation of the company.
The ï¬rst auditor of a company holds office until the conclusion of the ï¬rst annual general meeting of the company.
an audit committee appointed by the company in terms of this Act objects to the reappointment; or the company has notice of an intended resolution to appoint some other person or persons in place of the retiring auditor.
If an annual general meeting of a company does not appoint or reappoint an auditor the directors must ï¬ll the vacancy in the office in terms of the procedure contemplated in section 91within 40 business days after the date of the meeting.
The resignation of an auditor is effective when the notice is ï¬led.
must appoint a new auditor within 40 business days, if there was only one incumbent auditor of the company; and may appoint a new auditor at any time, if there was more than one incumbent, but while any such vacancy continues, the surviving or continuing auditor may act as auditor of the company.
the board must propose to the company's audit committee, within 15 business days after the vacancy occurs, the name of at least one registered auditor to be considered for appointment as the new auditor; and may proceed to make an appointment of a person proposed in terms of paragraph (a) if, within ï¬ve business days after delivering the proposal, the audit committee does not give notice in writing to the board rejecting the proposed auditor.
If a company appoints a ï¬rm as its auditor, any change in the composition of the members of that ï¬rm does not by itself create a vacancy in the office of auditor for that year, subject to subsection (5).
If, by comparison with the membership of a ï¬rm at the time of its latest appointment, less than one half of the members remain after a change contemplated in subsection (4), that change constitutes the resignation of the ï¬rm as auditor of the company, giving rise to a vacancy.
The same individual may not serve as the auditor or designated auditor of a company for more than ï¬ve consecutive ï¬nancial years.
If an individual has served as the auditor or designated auditor of a company for two or more consecutive ï¬nancial years and then ceases to be the auditor or designated auditor, the individual may not be appointed again as the auditor or designated auditor of that company until after the expiry of at least two further ï¬nancial years.
If a company has appointed two or more persons as joint auditors, the company must manage the rotation required by this section in such a manner that all of the joint auditors do not relinquish office in the same year.
be heard at any general shareholders meeting contemplated in this paragraph on any part of the business of the meeting that concerns the auditor's duties or functions.
make any order that is just and reasonable to prevent frustration of the auditor's duties by the company or any of its directors, prescribed officers or employees; and make an order of costs personally against any director or prescribed officer whom the court has found to have wilfully and knowingly frustrated, or attempted to frustrate, the performance of the auditor's functions.
that would place the auditor in a conï¬ict of interest as prescribed or determined by the Independent Regulatory Board for Auditors in terms of section 44(6) of the Auditing Profession Act; or as may be determined by the company's audit committee in terms of section 94(7)(d).
applies concurrently with section 64 of the Banks Act, to any company that is subject to that section of that Act, but subsections (2), (3) and (4) of this section do not apply to the appointment of an audit committee by any such company; and does not apply to a company that has been granted an exemption in terms of section 64(4) of the Banks Act.
the company is a subsidiary of another company that has an audit committee; and the audit committee of that other company will perform the functions required under this section on behalf of that subsidiary company.
the incorporators of a company; or by the board, within 40 business days after the incorporation of the company.
a material supplier or customer of the company, such that a reasonable and informed third party would conclude in the circumstances that the integrity, impartiality or objectivity of that director is compromised by that relationship; and not be related to any person who falls within any of the criteria set out in paragraph (b).
The Minister may prescribe minimum qualiï¬cation requirements for members of an audit committee as necessary to ensure that any such committee, taken as a whole, comprises persons with adequate relevant knowledge and experience to equip the committee to perform its functions.
The board of a company contemplated in section 84(1) must appoint a person to ï¬ll any vacancy on the audit committee within 40 business days after the vacancy arises.
to make submissions to the board on any matter concerning the company's accounting policies, ï¬nancial control, records and reporting; and to perform other functions determined by the board, including the development and implementation of a policy and plan for a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control, and governance processes within the company.
as a result of any previous appointment as auditor; or having regard to the extent of any consultancy, advisory or other work undertaken by the auditor for the company; and consider compliance with other criteria relating to independence or conï¬ict of interest as prescribed by the Independent Regulatory Board for Auditors established by the Auditing Profession Act, in relation to the company, and if the company is a member of a group of companies, any other company within that group.
Nothing in this section precludes the appointment by a public company at its annual general meeting of an auditor other than one nominated by the audit committee, but if such an auditor is appointed, the appointment is valid only if the audit committee is satisï¬ed that the proposed auditor is independent of the company.
Neither the appointment nor the duties of an audit committee reduce the functions and duties of the board or the directors of the company, except with respect to the appointment, fees and terms of engagement of the auditor.
A company must pay all expenses reasonably incurred by its audit committee, including, if the audit committee considers it appropriate, the fees of any consultant or specialist engaged by the audit committee to assist it in the performance of its functions.
''untrue statement'' includes a statement that is misleading in the form and context in which it is made, subject to subsections (3) and (4).
For the purposes of this Chapter, a person is to be regarded, by or in respect of a company, as being a member of the public, despite that person being a shareholder of the company or a purchaser of goods from the company.
that appears on the face of the prospectus, written statement, or summary; or that is incorporated by reference within, or is attached to or accompanies, the prospectus, written statement or summary.
An omission from a prospectus or written statement of any matter that, in the context, is calculated to mislead by omission constitutes the making of an untrue statement in that prospectus or written statement, irrespective of whether this Act requires that matter to be included in the prospectus or written statement.
requires an applicant for securities to waive compliance with a requirement of this Chapter; or purports to affect an applicant for securities with any notice of any agreement, document or matter not speciï¬cally referred to in a prospectus or written statement.
Nothing in this Chapter limits any liability that a person may incur under this Act apart from this Chapter, or under any other public regulation, or under the common law.
the Public Investment Corporation as deï¬ned in the Public Investment Corporation Act, 2004 (Act No.
an authorised ï¬nancial services provider, as deï¬ned in the Financial Advisory and Intermediary Services Act, 2002 (Act No.
a ï¬nancial institution, as deï¬ned in the Financial Services Board Act, 1990 (Act No.
a wholly-owned subsidiary of a person contemplated in subparagraph (iii), (iv) or (v), acting as agent in the capacity of an authorised portfolio manager for a pension fund registered in terms of the Pension Funds Act, 1956 (Act No. 24 of 1956), or as manager for a collective investment scheme registered in terms of the Collective Investment Schemes Control Act, 2002 (Act No.
the subscription price, including any premium, of the securities issued in respect of the series of offers, does not exceed, in aggregate, the amount prescribed in terms of subsection (2)(a); and no similar offer, or offer in a series of offers, has been made by the company within the period prescribed in terms of subsection (2)(b) immediately before the offer, or ï¬rst of a series of offers, as the case may be.
a value of not less than R100 000, to be the minimum value for the purposes of subsection (1)(b) and the maximum value for the purposes of subsection (1)(g)(iv); and a minimum period for the purposes of subsection (1)(g)(v), which must not be less than six months.
states in its annual ï¬nancial statements the number of speciï¬ed shares that it has allotted during that ï¬nancial year in terms of its employee share scheme; and the compliance officer has complied with the requirements of subsection (2).
ï¬le a certiï¬cate within 60 business days after the end of each ï¬nancial year, certifying that the compliance officer has complied with the obligations in terms of this section during the past ï¬nancial year.
satisï¬es all of the requirements of this Act with respect to a registered prospectus; and is subject to every provision of this Act relating to the making of a prospectus.
to believe that the advertisement is a prospectus; or as to any material particular addressed in the prospectus relating to that offer; and is subject to sections 102 to 111, read with the changes required by the context.
is not required to be ï¬led, or registered with an exchange; and will be regarded as having been intended to be a prospectus, issued by the person responsible for publishing or disseminating the advertisement, if it does not include the statements required by subsection (2)(a), despite any statement to the contrary contained in the advertisement.
is a company; and in the case of a foreign company, a copy of its Memorandum of Incorporation, and a list of the names and addresses of its directors, has been ï¬led within 90 business days before the offer to the public is made.
A person must not make an initial public offering unless that offer is accompanied by a registered prospectus.
listed securities of a company, otherwise than in accordance with the requirements of the relevant exchange; or unlisted securities of a company, unless the offer is accompanied by a registered prospectus that satisï¬es the requirements of section 100; or secondary offer to the public of any securities of a company, unless the offer satisï¬es the requirements of section 101.
ï¬led, in the case of unlisted securities; or approved by the relevant exchange, in the case of listed securities.
a registered prospectus in the case of a primary offering; or a written statement that satisï¬es the requirements of section 101, in the case of a secondary offering; and bears on the face of it the date on which the prospectus in respect of those securities was ï¬led.
in connection with a genuine invitation to enter into an underwriting agreement with respect to the securities; or in relation to securities that were not offered to the public.
the number of existing holders of the company's securities who are resident within the Republic; and the administrative cost and inconvenience of extending the rights offer to them; and subject to any conditions attached to the approval contemplated in paragraph (a).
A person must not issue a prospectus or a document that purports to be a prospectus, or a document that may reasonably be misapprehended to be intended as a prospectus, unless it is a registered prospectus.
A prospectus may not be registered unless the requirements of this Act have been complied with and it has been ï¬led for registration, together with any prescribed documents, within 10 business days after the date of that prospectus.
As soon as the Commission has registered a prospectus, it must send notice of the registration to the person who ï¬led the prospectus for registration.
A prospectus may not be issued more than three months after the date of its registration, and if a prospectus is so issued, it is regarded to be unregistered.
This section does not apply in respect of listed securities, except listed securities that are the subject of an initial public offering.
the assets and liabilities, ï¬nancial position, proï¬ts and losses, cash ï¬ow and prospects of the company in which a right or interest is to be acquired; and the securities being offered and rights attached to them; and adhere to the prescribed speciï¬cations.
The date of registration of a prospectus is the date of the issue of the prospectus unless the contrary is proven.
a copy of any material agreement as prescribed; or in the case of an unwritten agreement, a memorandum giving full particulars of the agreement.
If any part of an agreement contemplated in subsection (4) is in a language that is not an official language, a certiï¬ed translation, in an official language, of that part must be attached to the agreement.
A prospectus containing a statement to the effect that the whole or any portion of the issue of the securities offered to the public has been or is being underwritten may not be registered until a copy of the underwriting agreement has been ï¬led, together with a sworn declaration stating that to the best of the deponent's knowledge and belief the underwriter is and will be in a position to carry out the obligations contemplated in the agreement even if no shares are being applied for.
A declaration contemplated in subsection (6) must be sworn by the person named as underwriter or, if the underwriter is a company, by each of two directors of that company, or if it has only one director, by that director.
If an offer is made in respect of which no prospectus is required by this Act, the copy of the agreement and sworn declaration referred to in subsection (6) must be ï¬led not later than the date of the proposed offer of shares.
that publication of the information would be unnecessarily burdensome for the applicant, seriously detrimental to the company whose securities are the subject of the prospectus, or against public interest; and that users will not be unduly prejudiced by the omission.
An application under subsection (9) must be in writing and accompanied by the prescribed fee.
report on any new matter; and report on any change of a matter included in the prospectus, provided these are relevant or material in terms of this Chapter.
A correction or report under subsection (11) must be registered as a supplement to the prospectus, simultaneously published to known recipients of the prospectus and included in future distributions of the prospectus.
negating the right of the subscriber to withdraw the offer; or to reverse any transaction, or restore any consideration paid or beneï¬t received by any person in terms of the offer and subscription.
listed on an exchange; or in respect of which an exchange has granted permission to deal.
the registered prospectus that accompanied the primary offering of those securities, together with any revisions required to address changes in any material matter since the date the prospectus was registered; or a written statement that satisï¬es the requirements of subsections (4) to (6).
by a person acting in the capacity of an executor or administrator of a deceased estate or a trustee of an insolvent estate or a liquidator or trustee referred to in the Administration of Estates Act, 1965 (Act No. 66 of 1965); or for the purpose of a sale in execution or by public auction or by public tender.
ï¬le a copy of the written statement for registration before it is issued, distributed or published; and not issue, distribute or publish the statement more than three months after the date on which it is registered.
the person making the offer or issuing, distributing or publishing the material; and if that person is a company, by every director of the company.
if any securities were issued by the company as partly paid-up shares under the Companies Act, 1973 (Act No. 61 of 1973), to what extent they are paid up; and the date of registration of the written statement by the Commission.
In subsection (6), the expression 'company' refers to the company that issued the relevant securities.
the prospectus includes a statement that the expert has consented to the use of the statement and has not withdrawn that consent.
be named to act in the stated capacity; and to the use of that person's name in the prospectus.
Subject to subsection (2), within one year after the date of ï¬ling a prospectus, a company must not vary or agree to vary any material terms of an agreement referred to in the prospectus, other than in the ordinary course of business.
the variation was contemplated and set out in the prospectus; or the speciï¬c terms of the variation are authorised or ratiï¬ed by an ordinary resolution adopted at a general shareholders meeting.
authorised the issue of the prospectus, or under this Act, is regarded as having authorised the issue of that prospectus; or made that offer to the public, is liable to compensate any person who acquired securities on the faith of the prospectus for any loss or damage the person may have sustained as a result of any untrue statement in the prospectus, or in any report or memorandum appearing on the face of, issued with, or incorporated by reference in, the prospectus.
The liability contemplated in subsection (1) is in addition to the liability of a director of the company, as set out in section 77(3)(d)(ii).
the prospectus was issued without the knowledge or consent of that person and, on becoming aware of its issue, that person forthwith gave reasonable public notice that it was issued without the knowledge or consent of that person; or after the issue of the prospectus and before allotment or acceptance thereunder, that person, on becoming aware of any untrue statement in it, withdrew any consent to the prospectus and gave reasonable public notice of the withdrawal and of the reason for it.
are liable to the extent set out in section 77(3)(d)(ii); and any other person who issued the prospectus or authorised the issue of it, is liable, together with the directors, to indemnify any person incorrectly named as a director against any damage, cost or expense arising as a result of that person having been so named in the prospectus, or incurred in defending against any action or legal proceedings brought in respect of having been so named in the prospectus.
not given that consent; or has withdrawn it before the issue of the prospectus.
having authorised the issue of the prospectus; or having become a director between the issue of the prospectus and the holding of the ï¬rst general shareholders meeting at which directors are elected or appointed, has satisï¬ed any liability under this section by making a payment to another person, may recover a contribution, as in cases of contract, from any other person, who, if sued separately, would have been liable to make the same payment, unless the person who has satisï¬ed such liability was, and that other person was not, guilty of fraudulent misrepresentation.
to compensate persons purchasing on the faith of the prospectus, except in respect of any untrue statement purporting to be made by that person as an expert; or to indemnify any person against liability under section 104(6).
was competent to make the statement; and had reasonable ground to believe and did up to the time of the allotment of the securities or the acceptance of the offer, as the case may be, believe that the statement was true.
The defences available to a person in this subsection are in lieu of any applicable defence available in terms of section 104(3).
If a prospectus contains a statement that is untrue, every person referred to in section 104(1) or (2) is equally responsible in terms of the enforcement provisions of this Act, for that untrue statement, subject to the provisions of subsections (2) and (3).
the report or extract contains a statement that is untrue; and the expert has consented to the inclusion of the statement in the prospectus in the form and context in which it appears, the expert person is solely responsible for that statement, subject to the provisions of subsection (3).
the untrue statement was immaterial; or liability for the untrue statement does not attach to that person for any reason set out in section 104(3).
A company that has offered securities to the public must not allot any of those securities or accept any subscription for any of those securities, more than four months after ï¬ling the prospectus for that offer.
the subscription has been made on an application form that has been attached to or accompanied by a prospectus; or it is shown that the applicant, at the time of the application, was in fact in possession of a copy of the prospectus or was aware of its contents.
A company that has offered securities to the public must not allot any of those securities unless the amount stated in that prospectus as the minimum amount which in the opinion of the directors of the company concerned must be raised by the issue of securities in order to provide for the matters prescribed to be covered by minimum subscription and the amount so stated has been paid to and received by the company.
an amount stated in any cheque received by the company must not be regarded to have been paid to it until the amount of the cheque has been unconditionally credited to its account with its bankers; and any amount paid to and received by the company must be reduced by the amount of any money, bill, promissory note or cheque that it has at any time delivered to the payer otherwise than in discharge of a debt bona ï¬de due by the company.
The minimum amount contemplated in subsection (2) must be reckoned exclusively of any amount payable otherwise than in cash.
be paid into a separate account with a banking institution registered under the Banks Act; and not be used or made available for the purposes of the company or for the satisfaction of its debts.
If the circumstances contemplated in subsection (2) have not been realised within 40 business days after the issue of the prospectus, all amounts received from applicants must be repaid to them promptly without interest.
If any money required to be repaid to an applicant in terms of subsection (6) has not been repaid within 55 business days after the issue of the prospectus, each director or prescribed officer of the company is jointly and severally liable, with all other such directors and prescribed officers of the company, to repay that money with interest at 6% per year, from the expiration of the 55th business day, unless the default in payment was not due to any misconduct or negligence on the part of that director or prescribed officer.
that allotment is voidable at the instance of the applicant concerned, irrespective whether the company concerned may be in the course of being wound up; and every director of the company concerned and if the offeror is a company, every director of that company, is liable to the extent set out in section 77(3)(e)(vii), if the allotment or acceptance is declared void under paragraph (a).
20 business days after the applicant discovers the contravention; or three years after the date of the relevant allotment or acceptance.
No allotment of securities or acceptance of an offer in respect of securities of a company may be made in pursuance of a prospectus, and no proceedings may be taken on applications made in pursuance of a prospectus, until the beginning of the third day after that on which the prospectus is ï¬rst issued or such later time, if any, speciï¬ed in the prospectus.
is a reference to the day on which it is ï¬rst issued as a newspaper advertisement; or if it is not issued as a newspaper advertisement before the third day after the day on which it is ï¬rst issued in any other manner, is a reference to the day on which it is ï¬rst issued in that other manner.
A contravention of subsection (1) does not affect the validity of an allotment or acceptance.
an application has in fact been made in accordance with the requirements of the relevant exchange on or before the date of issue of that prospectus; and the prospectus names the particular exchange to which the application has been made.
the application contemplated in subsection (1)(a) is granted; or an appeal against a refusal of such an application is upheld.
two or more wholly-owned subsidiaries of the same holding company; or a wholly-owned subsidiary of a holding company, on the one hand, and its holding company and one or more wholly-owned subsidiaries of that holding company, on the other hand.
the disposal has been approved by a special resolution of the shareholders, in accordance with section 115; and the company has satisï¬ed all other requirements set out in section 115, to the extent those requirements are applicable to such a disposal by that company.
the precise terms of the transaction or series of transactions, to be considered at the meeting; and the provisions of sections 115 and 164, in a manner that satisï¬es the prescribed standards.
Any part of the undertaking or assets of a company to be disposed of, as contemplated in this section, must be given its fair market value as at the date of the proposal, in accordance with the ï¬nancial reporting standards.
A resolution contemplated in subsection (2) is effective only to the extent that it authorises or ratiï¬es a speciï¬c transaction.
Two or more proï¬t companies, including holding and subsidiary companies, may amalgamate or merge if, upon implementation of the amalgamation or merger, each amalgamated or merged company will satisfy the solvency and liquidity test.
details of any arrangement or strategy necessary to complete the amalgamation or merger, and to provide for the subsequent management and operation of the proposed amalgamated or merged company or companies; and the estimated cost of the proposed amalgamation or merger.
If the securities of one of the amalgamating or merging companies are held by or on behalf of another of the amalgamating or merging companies, the agreement required by subsection (2) must provide for the cancellation of those securities when the amalgamation or merger becomes effective, without any repayment of capital in respect thereof, and no provision may be made in the agreement for the conversion of those securities into securities of an amalgamated or merged company.
must consider whether, upon implementation of the agreement, each proposed amalgamated or merged company will satisfy the solvency and liquidity test; and if the board reasonably believes that each proposed amalgamated or merged company will satisfy the solvency and liquidity test, it may submit the agreement for consideration at a shareholders meeting of that amalgamating or merging company, in accordance with section 115.
the amalgamation or merger agreement; and the provisions of sections 115 and 164 in a manner that satisï¬es prescribed standards.
The requirements of subsections (4) and (5) do not apply to a company engaged in business rescue proceedings, in respect of any transaction that is pursuant to or contemplated in the company's business rescue plan that has been adopted in accordance with Chapter 6.
a re-acquisition by the company of its securities; or a combination of the methods contemplated in this subsection.
assess the effect of the arrangement on the value of securities and on the rights and interests of a holder of any securities, or a creditor of the company; and able to express opinions, exercise judgment and make decisions impartially.
be related to a person who has or has had a relationship contemplated in subparagraph (i) or (ii).
state the effect of the proposed arrangement on the interest and person contemplated in paragraph (e); and include a copy of sections 115 and 164.
implement a scheme of arrangement, the Panel has issued a compliance notice in respect of the transaction in terms of section 119(4)(b),or exempted the transaction in terms of section 119(6).
having regard to the consolidated ï¬nancial statements of the holding company, the disposal by the subsidiary substantially constitutes a disposal of all or the greater part of the assets or undertaking of the holding company; and by the court, to the extent required in the circumstances and manner contemplated in subsections (3) to (6).
the resolution was opposed by at least 15% of the voting rights that were exercised on that resolution, and any person who voted against the resolution requires the company to seek court approval; or the court, on an application by any person who voted against the resolution, grants that person leave, in terms of subsection (6), to apply to a court for a review of the transaction in accordance with subsection (7).
present in satisfaction of the quorum requirement; or voted in support of a resolution.
apply to the court for approval, and bear the costs of that application; or treat the resolution as a nullity.
appears prepared and able to sustain the proceedings; and has alleged facts which, if proved, would support an order in terms of subsection (7).
the resolution is manifestly unfair to any class of holders of the company's securities; or the vote was materially tainted by conï¬ict of interest, inadequate disclosure, failure to comply with the Act, the Memorandum of Incorporation or any applicable rules of the company, or other signiï¬cant and material procedural irregularity.
notiï¬ed the company in advance of the intention to oppose a special resolution contemplated in this section; and was present at the meeting and voted against that special resolution.
incidental, consequential and supplemental matters that are necessary for the effectiveness and completion of the transaction; or any other relief that may be necessary or appropriate to give effect to, and properly implement, the amalgamation or merger.
there are no other remedies available to the creditor.
Subsection (1) does not apply to a company engaged in business rescue proceedings, in respect of any transaction pursuant to or contemplated in the company's business rescue plan adopted in accordance with Chapter 6.
after the court has disposed of any proceedings arising in terms of subsection (1)(b) and (c); and subject to the order of the court.
the Memorandum of Incorporation of any company newly incorporated in terms of the agreement.
issue a registration certiï¬cate for each company, if any, that has been newly incorporated in terms of the amalgamation or merger agreement; and deregister any of the amalgamating or merging companies that did not survive the amalgamation or merger.
conviction against, or ruling, order or judgment in favour of or against, an amalgamating or merging company, and any such ruling, order or judgement may be enforced by or against any of the amalgamated or merged, company.
the property of each amalgamating or merging company becomes property of the newly amalgamated, or surviving merged, company or companies; and each newly amalgamated, or surviving merged, company is liable for all of the obligations of every amalgamating or merging company subject to subsection (8), the requirements of section 113(1), and any provision of the merger agreement, or any other agreement.
If, as a consequence of an amalgamation or merger, any property that is registered in terms of any public regulation is to be transferred from an amalgamating or merging company to an amalgamated or merged company, a copy of the amalgamation or merger agreement, together with a copy of the ï¬led notice of amalgamation or merger, constitutes sufficient evidence for the keeper of the relevant property registry to effect a transfer of the registration of that property.
If, with respect to a transaction involving a company that is regulated in terms of the Banks Act, there is a conï¬ict between a provision of subsection (7) and a provision of section 54 of that Act, the provisions of that Act prevail.
has associated with it the right to vote generally at a general shareholders meeting; or is convertible to a instrument that satisï¬es the criteria set out in subparagraph (i).
For the purposes of this Part, Part C and the Takeover Regulations, two or more related or inter-related persons are regarded to have acted in concert, unless there is satisfactory evidence that they acted independently in any particular matter.
the percentage of the issued securities of that company that have been transferred, other than by transfer between or among related or interrelated persons, within the period of 24 months immediately before the date of a particular affected transaction or offer exceeds the percentage prescribed in terms of subsection (2); or the Memorandum of Incorporation of that company expressly provides that the company and its securities are subject to this Part, Part C and the Takeover Regulations, irrespective of whether the company falls within the criteria set out in subparagraph (i).
The Minister, after consulting the Panel, may prescribe a minimum percentage, being not less than 10%, of the issued securities of a private company which, if transferred within a 24-month period as contemplated in subsection (1)(c)(i), would bring that company and its securities within the application of this Part, Part C, and the Takeover Regulations in terms of that subsection.
a proposed amalgamation or merger involving at least one regulated company; or a scheme of arrangement proposed by a regulated company, to the extent that any such affected transaction is pursuant to or contemplated in an approved business rescue plan in terms of Chapter 6.
the conï¬icting provisions apply concurrently to the extent that it is possible to apply and comply with one of the inconsistent provisions without contravening the second; and to the extent that it is impossible to apply or comply with one of the inconsistent provisions without contravening the second, the provisions of the other public regulation prevail.
A person granted an option to acquire shares with a voting right in a regulated company is presumed to have acted in concert with the grantor of the option, unless the voting rights are retained by the grantor.
A presumption under subsection (5) may be rebutted by evidence to the contrary.
necessary information to holders of securities of regulated companies, to the extent required to facilitate the making of fair and informed decisions; and adequate time for regulated companies and holders of their securities to obtain and provide advice with respect to offers; and prevent actions by a regulated company designed to impede, frustrate, or defeat an offer, or the making of fair and informed decisions by the holders of that company's securities.
receive the same information from an offeror, potential offeror, or offeree regulated company during the course of an affected transaction, or when an affected transaction is contemplated; and are provided sufficient information, and permitted sufficient time, to enable them to reach a properly informed decision.
the issue of circulars by brokers or advisers to any party to the transaction to their own investment clients, with the prior approval of the Panel.
issue clearance notices, if the Panel is satisï¬ed that the offer or transaction satisï¬es the requirements of this Part, Part C and the Takeover Regulations; and initiate or receive complaints, conduct investigations, and issue compliance notices, with respect to any affected transaction or offer, in accordance with Chapter 7, and the Takeover Regulations.
the cost of compliance is disproportionate relative to the value of the affected transaction; or doing so is otherwise reasonable and justiï¬able in the circumstances having regard to the principles and purposes of this Part, Part C and the Takeover Regulations.
prescribed fees and levies imposed in terms of an Act of Parliament on certain companies; and any other matters relating to the powers and functions of the Panel.
issued a clearance notice with respect to the transaction; or granted an exemption for that transaction.
acquires a beneï¬cial interest in sufficient securities of a class issued by that company such that, as a result of the acquisition, the person holds a beneï¬cial interest in securities amounting to 5%, 10%, 15%, or any further whole multiple of 5%, of the issued securities of that class; or disposes of a beneï¬cial interest in sufficient securities of a class issued by a company such that, as a result of the disposition, the person no longer holds a beneï¬cial interest in securities amounting to a particular multiple of 5% of the issued securities of that class.
related or inter-related person; and person who has acted in concert with any other person.
ï¬le a copy with the Panel; and report the information to the holders of the relevant class of securities unless the notice concerned a disposition of less than 1% of the class of securities.
any other person, any securities that may be acquired by that other person if they exercised any options, conversion privileges or similar rights, are to be excluded.
In this section, ''prescribed percentage'' means the percentage prescribed by the Minister in terms of subsection (5).
before that acquisition a person was, or persons contemplated in paragraph (a)(ii) together were, able to exercise less than the prescribed percentage of all the voting rights attached to securities of that company; and as a result of that acquisition, together with any other securities of the company already held by the person or persons contemplated in paragraph (a)(ii), they are able to exercise at least the prescribed percentage of all the voting rights attached to securities of that company.
a statement that they are in a position to exercise at least the prescribed percentage of all the voting rights attached to securities of that regulated company; and offering to acquire any remaining such securities on terms determined in accordance with this Act and the Takeover Regulations.
Within one month after giving notice in terms of subsection (3), the person or persons contemplated in subsection (2) must deliver a written offer, in compliance with the Takeover Regulations, to the holders of the remaining securities of that company, to acquire those securities on the terms contemplated in subsection (3)(b).
For the purposes contemplated in this section, the Minister, on the advice of the Panel, may prescribe a percentage of not more than 35% of the voting securities of a company.
that the offer has been accepted to that extent; and that the offeror desires to acquire all remaining securities of that class; and subject to subsection (2), after giving notice in terms of paragraph (a), the offeror is entitled, and bound, to acquire the securities concerned on the same terms that applied to securities whose holders accepted the original offer.
that the offeror is not entitled to acquire the applicant's securities of that class; or imposing conditions of acquisition different from those of the original offer.
the court is satisï¬ed that it is just and equitable to make the order, having regard, in particular, to the number of holders of securities who have been traced but who have not accepted the offer.
within three months after receiving a notice in terms of paragraph (a), a person may demand that the offeror acquire all of the person's securities of the class concerned; and after receiving a demand in terms of paragraph (b), the offeror is entitled, and bound, to acquire the securities concerned on the same terms that applied to securities whose holders accepted the original offer.
transmit a copy of the notice to the regulated company whose securities are the subject of the offer, together with an instrument of transfer, executed on behalf of the holder of the those securities by any person appointed by the offeror; and pay or transfer to that company the consideration representing the price payable by the offeror for the securities concerned, subject to the payment of prescribed fees or duties, the company must thereupon register the offeror as the holder of those securities.
An instrument of transfer contemplated in subsection (5) is not required for any securities for which a securities warrant is for the time being outstanding.
held in trust by the company for the person entitled to the securities in respect of which the consideration was received; and paid on demand to the person contemplated in paragraph (a), with interest to the date of payment.
If a person contemplated in subsection (7)(a) fails for more than three years to demand payment of an amount held in terms of that paragraph, the amount, together with any accumulated interest, must be paid to the beneï¬t of the Guardian's Fund of the Master of the High Court, to be held and dealt with in accordance with the rules of that Fund.
In this section any reference to a ''holder of securities who has not accepted the offer'' includes any holder who has failed or refused to transfer their securities to the offeror in accordance with the offer.
''prescribed percentage'' means the percentage prescribed in terms of section 123(5).
for any securities of a company that has more than one class of securities; and that could result in the person, together with any related or inter-related person or person acting in concert with any of them, holding securities of the company entitling the persons or persons to exercise more than the prescribed percentage of the general voting rights of all issued securities of the company, a comparable offer must be made for each class of issued securities of that company.
include a speciï¬c and prominent notice that the offer could result in circumstances contemplated above; and include a speciï¬c statement setting out the extent to which the person or persons referred to above will be free to acquire further securities in the company without making a general offer, if the offer succeeds to the extent contemplated above.
An offer that is conditional, as contemplated in subsection (3)(b), may not be declared to be unconditional as to acceptances unless it has been accepted to the extent speciï¬ed in terms of subsection (3)(b)(i).
any holder of those securities is entitled to accept the offer in full for the relevant percentage of that person's holding; and any securities tendered in excess of the relevant percentage must be accepted by the offeror from each holder of securities in the same proportion to the number tendered as will enable the offeror to obtain the total number of shares for which it has offered.
enter into contracts otherwise than in the ordinary course of business; or make a distribution that is abnormal as to timing and amount, without the prior written approval of the Panel, and the approval of the holders of relevant securities, or in terms of a pre-existing obligation or agreement entered into before the time contemplated in this subsection.
If a regulated company believes that it is subject to a pre-existing obligation contemplated in subsection (1), it may apply to the Panel for consent to proceed.
deal in, or enter into arrangements to deal in, securities of the offeree regulated company; or enter into arrangements which involve acceptance of an offer, if there are favourable conditions attached that are not being extended to all holders of the relevant securities.
the sale is on the same terms and conditions as the offer; or acquire any securities in the offeree company after giving the notice contemplated in paragraph (a)(ii).
make an offer for the relevant securities of the offeree company; or acquire any securities of the offeree company, if as a result of that acquisition, either the offeror or that person would be required to make a mandatory offer in terms of section 123.
Subsection (3) applies equally to a partial offer whether or not the offer has become or been declared unconditional, but the period of 12 months runs from that date on which that offer became or was declared to be unconditional, or is withdrawn or lapsed, as the case may be.
any person who acted in concert with the offeror; or any person who is subsequently acting in concert with a person contemplated in paragraph (a) or (b), must not make a second offer to any holder of securities of the target company, or acquire any interest in any such securities, on more favourable terms than those made under the original offer.
''voting interest'' means an interest as recognised, appraised and valued in terms of section 145(4) to (6).
For the purpose of subsection (1)(f), an employee of a company is not related to that company solely as a result of being a member of a trade union that holds shares of that company.
For the purposes contemplated in subsection (1)(e) or in any other law, the Judge President of a High Court may designate any judge of that court generally as a specialist to determine issues relating to commercial matters, commercial insolvencies and business rescue.
the company is ï¬nancially distressed; and there appears to be a reasonable prospect of rescuing the company.
may not be adopted if liquidation proceedings have been initiated by or against the company; and has no force or effect until it has been ï¬led.
publish a notice of the resolution, and its effective date, in the prescribed manner to every affected person, including with the notice a sworn statement of the facts relevant to the grounds on which the board resolution was founded; and appoint a business rescue practitioner who satisï¬es the requirements of section 138, and who has consented in writing to accept the appointment.
ï¬le a notice of the appointment of a practitioner within two business days after making the appointment; and publish a copy of the notice of appointment to each affected person within ï¬ve business days after the notice was ï¬led.
its resolution to begin business rescue proceedings and place the company under supervision lapses and is a nullity; and the company may not ï¬le a further resolution contemplated in subsection (1) for a period of three months after the date on which the lapsed resolution was adopted, unless a court, on good cause shown on an ex parte application, approves the company ï¬ling a further resolution.
A company that has adopted a resolution contemplated in this section may not adopt a resolution to begin liquidation proceedings, unless the resolution has lapsed in terms of subsection (5), or until the business rescue proceedings have ended as determined in accordance with section 132(2).
If the board of a company has reasonable grounds to believe that the company is ï¬nancially distressed, but the board has not adopted a resolution contemplated in this section, the board must deliver a written notice to each affected person, setting out the criteria referred to in section 128(1)(e) that are applicable to the company, and its reasons for not adopting a resolution contemplated in this section.
lacks the necessary skills, having regard to the company's circumstances; or requiring the practitioner to provide security in an amount and on terms and conditions that the court considers necessary to secure the interests of the company and any affected persons.
subsection (1)(a) to set aside that resolution; or subsection (1)(b) to set aside the appointment of the practitioner appointed by the company, unless that person satisï¬es the court that the person, in supporting the resolution, acted in good faith on the basis of information that has subsequently been found to be false or misleading.
serve a copy of the application on the company and the Commission; and notify each affected person of the application in the prescribed manner.
Each affected person has a right to participate in the hearing of an application in terms of this section.
an order placing the company under liquidation; or if the court has found that there were no reasonable grounds for believing that the company would be unlikely to pay all of its debts as they became due and payable, an order of costs against any director who voted in favour of the resolution to commence business rescue proceedings, unless the court is satisï¬ed that the director acted in good faith and on the basis of information that the director was entitled to rely upon in terms of section 76(4) and (5).
the court must appoint an alternate practitioner who satisï¬es the requirements of section 138, recommended by, or acceptable to, the holders of a majority of the independent creditors' voting interests who were represented in the hearing before the court; and the provisions of subsection (5)(b), if relevant, apply to the practitioner appointed in terms of paragraph (a).
Unless a company has adopted a resolution contemplated in section 129, an affected person may apply to a court at any time for an order placing the company under supervision and commencing business rescue proceedings.
it is otherwise just and equitable to do so for ï¬nancial reasons, and there is a reasonable prospect for rescuing the company; or dismissing the application, together with any further necessary and appropriate order, including an order placing the company under liquidation.
the court has adjudicated upon the application; or the business rescue proceedings end, if the court makes the order applied for.
In addition to the powers of a court on an application contemplated in this section, a court may make an order contemplated in subsection (4), or (5) if applicable, at any time during the course of any liquidation proceedings or proceedings to enforce any security against the company.
may not adopt a resolution placing itself in liquidation until the business rescue proceedings have ended as determined in accordance with section 132(2); and must notify each affected person of the order within ï¬ve business days after the date of the order.
a person applies to the court for an order placing the company under supervision in terms of section 131(1); or during the course of liquidation proceedings, or proceedings to enforce a security interest, a court makes an order placing the company under supervision.
proposed and rejected in terms of Part D of this Chapter, and no affected person has acted to extend the proceedings in any manner contemplated in section 153; or adopted in terms of Part D of this Chapter, and the practitioner has subsequently ï¬led a notice of substantial implementation of that plan.
Commission, in any other case.
criminal proceedings against the company or any of its directors or officers; or proceedings concerning any property or right over which the company exercises the powers of a trustee.
During business rescue proceedings, a guarantee or surety by a company in favour of any other person may not be enforced by any person against the company except with leave of the court and in accordance with any terms the court considers just and equitable in the circumstances.
If any right to commence proceedings or otherwise assert a claim against a company is subject to a time limit, the measurement of that time must be suspended during the company's business rescue proceedings.
any person who, as a result of an agreement made in the ordinary course of the company's business before the business rescue proceedings began, is in lawful possession of any property owned by the company may continue to exercise any right in respect of that property as contemplated in that agreement, subject to section 136; and despite any provision of an agreement to the contrary, no person may exercise any right in respect of any property in the lawful possession of the company, irrespective whether the property is owned by the company, except to the extent that the practitioner consents in writing.
the circumstances of the company; and the nature of the property, and the rights claimed in respect of it.
pay to that other person the sale proceeds attributable to that property up to the amount of the company's indebtedness to that other person; or provide security for the amount of those proceeds, to the reasonable satisfaction of that other person.
the money is regarded to be post-commencement ï¬nancing; and will be paid in the order of preference set out in subsection (3)(a).
may be secured to the lender by utilising any asset of the company to the extent that it is not otherwise encumbered; and will be paid in the order of preference set out in subsection (3)(b).
all claims contemplated in subsection (2), irrespective whether or not they are secured; and all unsecured claims against the company; or in subsection (2) will have preference in the order in which they were incurred over all unsecured claims against the company.
If business rescue proceedings are superseded by a liquidation order, the preference conferred in terms of this section will remain in force, except to the extent of any claims arising out of the costs of liquidation.
changes occur in the ordinary course of attrition; or the employees and the company, in accordance with applicable labour laws, agree different terms and conditions; and any retrenchment of any such employees contemplated in the company's business rescue plan is subject to section 189 and 189A of the Labour Relations Act, 1995 (Act No. 66 of 1995), and other applicable employment related legislation.
Subject to sections 35A and 35B of the Insolvency Act, 1936 (Act No. 24 of 1936), despite any provision of an agreement to the contrary, during business rescue proceedings, the practitioner may cancel or suspend entirely, partially or conditionally any provision of an agreement to which the company is a party at the commencement of the business rescue period, other than an agreement of employment.
Any party to an agreement that has been suspended or cancelled, or any provision which has been suspended or cancelled, in terms of subsection (2), may assert a claim against the company only for damages.
If liquidation proceedings have been converted into business rescue proceedings, the liquidator is a creditor of the company to the extent of any outstanding claim by the liquidator for any remuneration due for work performed, or compensation for expenses incurred, before the business rescue proceedings began.
that the court otherwise directs; or contemplated in an approved business rescue plan.
remains bound by the requirements of section 75 concerning personal ï¬nancial interests of the director or a related person; and to the extent that the director acts in accordance with paragraphs (b) and (c), is relieved from the duties of a director as set out in section 76, and the liabilities set out in section 77, other than section 77(3)(a), (b) and (c).
During a company's business rescue proceedings, each director of the company must attend to the requests of the practitioner at all times, and provide the practitioner with any information about the company's affairs as may reasonably be required.
If, during a company's business rescue proceedings, the board, or one or more directors of the company, purports to take any action on behalf of the company that requires the approval of the practitioner, that action is void unless approved by the practitioner.
the development or implementation of a business rescue plan in accordance with this Chapter.
Subsection (5) is in addition to any right of a person to apply to a court for an order contemplated in section 162.
does not have any other relationship with the company such as would lead a reasonable and informed third party to conclude that the integrity, impartiality or objectivity of that person is compromised by that relationship; and is not related to a person who has a relationship contemplated in paragraph (d).
functions predominantly to promote sound principles and good practice of business turnaround or rescue; and has sufficient human, ï¬nancial and operational resources, and adequate administrative procedures and safeguards, to enable it to function efficiently and to effectively carry out its functions in terms of this Chapter, or presents to the Minister a credible plan to acquire or develop those resources.
minimum qualiï¬cations for admission of a person to the practice of a business rescue practitioner; and procedures to be followed by a person or association designated by the Minister in terms of subsection (2) in carrying out its functions and powers in terms of this Chapter.
by a court order in terms of section 130; or as provided for in this section.
conï¬ict of interest or lack of independence; or the practitioner is incapacitated and unable to perform the functions of that office, and is unlikely to regain that capacity within a reasonable time.
The company, or the creditor who nominated the practitioner, as the case may be, must appoint a new practitioner if a practitioner dies, resigns or is removed from office, subject to the right of an affected person to bring a fresh application in terms of section 130(1)(b) to set aside that new appointment.
develop a business rescue plan to be considered by affected persons, in accordance with Part D of this Chapter; and implement any business rescue plan that has been adopted in accordance with Part D of this Chapter.
has any other relationship with the company such as would lead a reasonable and informed third party to conclude that the integrity, impartiality or objectivity of that person is compromised by that relationship; or is related to a person who has a relationship contemplated in paragraph (a).
is not liable for any act or omission in good faith in the course of the exercise of the powers and performance of the functions of practitioner; but may be held liable in accordance with any relevant law for the consequences of any act or omission amounting to gross negligence in the exercise of the powers and performance of the functions of practitioner.
If the business rescue process concludes with an order placing the company in liquidation, any person who has acted as practitioner during the business rescue process may not be appointed as liquidator of the company.
As soon as practicable after being appointed, a practitioner must investigate the company's affairs, business, property, and ï¬nancial situation, and after having done so, consider whether there is any reasonable prospect of the company being rescued.
direct the management to take any necessary steps to rectify the matter, including recovering any misappropriated assets of the company.
A court to which an application has been made in terms of subsection (2)(a)(ii) may make the order applied for, or any other order that the court considers appropriate in the circumstances.
As soon as practicable after business rescue proceedings begin, each director of a company must deliver to the practitioner all books and records that relate to the affairs of the company and are in the director's possession.
Any director of a company who knows where other books and records relating to the company are being kept, must inform the practitioner as to the whereabouts of those books and records.
any debtors and their obligations to the company; and any creditors and their rights or claims against the company.
No person is entitled, as against the practitioner of a company, to retain possession of any books or records of the company, or to claim or enforce a lien over any such books or records.
The practitioner is entitled to charge an amount to the company for the remuneration and expenses of the practitioner in accordance with the tariff prescribed in terms of subsection (6).
the adoption of a business rescue plan at all, or within a particular time, or the inclusion of any particular matter within such a plan; or the attainment of any particular result or combination of results relating to the business rescue proceedings.
the holders of a majority of the creditors' voting interests, as determined in accordance with section 145(4) to (6), present and voting at a meeting called for the purpose of considering the proposed agreement; and the holders of a majority of the voting rights attached to any shares of the company that entitle the shareholder to a portion of the residual value of the company on winding-up, present and voting at a meeting called for the purpose of considering the proposed agreement.
the agreement is not just and equitable; or that the remuneration provided for in the agreement is egregiously unreasonable having regard to the ï¬nancial circumstances of the company.
To the extent that the practitioner's remuneration and expenses are not fully paid, the practitioner's claim for those amounts will rank in priority before the claims of all other secured and unsecured creditors.
The Minister may make regulations prescribing a tariff of fees and expenses for the purpose of subsection (1).
collectively through their trade union; and in accordance with applicable labour law; or not represented by a registered trade union may elect to exercise any rights set out in this Chapter either directly, or by proxy through an employee organisation or representative.
To the extent that any remuneration, reimbursement for expenses or other amount of money relating to employment became due and payable by a company to an employee at any time before the beginning of the company's business rescue proceedings, and had not been paid to that employee immediately before the beginning of those proceedings, the employee is a preferred unsecured creditor of the company for the purposes of this Chapter.
propose the development of an alternative plan, in the manner contemplated in section 153; or present an offer to acquire the interests of one or more affected persons, in the manner contemplated in section 153.
any amount that was due and payable by the company to the trustees of the scheme at any time before the beginning of the company's business rescue proceedings, and that had not been paid immediately before the beginning of those proceedings; and in the case of a deï¬ned beneï¬t pension scheme, the present value at the commencement of the business rescue proceedings of any unfunded liability under that scheme.
The rights set out in this section are in addition to any other rights arising or accruing in terms of any law, contract, collective agreement, shareholding, security or court order.
formally participate in a company's business rescue proceedings to the extent provided for in this Chapter; and informally participate in those proceedings by making proposals for a business rescue plan to the practitioner.
propose the development of an alternative plan, in the manner contemplated in section 153; or present an offer to acquire the interests of any or all of the other creditors in the manner contemplated in section 153.
The creditors of a company are entitled to form a creditors' committee, and through that committee are entitled to be consulted by the practitioner during the development of the business rescue plan.
a secured or unsecured creditor has a voting interest equal to the value of the amount owed to that creditor by the company; and a concurrent creditor who would be subordinated in a liquidation has a voting interest, as independently and expertly appraised and valued at the request of the practitioner, equal to the amount, if any, that the creditor could reasonably expect to receive in such a liquidation of the company.
request a suitably qualiï¬ed person to independently and expertly appraise and value an interest contemplated in subsection (4)(b); and give a written notice of the determination, or appraisal and valuation, to the person concerned at least 15 business days before the date of the meeting to be convened in terms of section 151.
review the practitioner's determination that the person is, or is not, an independent creditor; or review, re-appraise and re-value that person's voting interest, as determined in terms of subsection (5)(b).
propose the development of an alternative plan, in the manner contemplated in section 153; or present an offer to acquire the interests of any or all of the creditors or other holders of the company's securities in the manner contemplated in section 153.
must inform the creditors whether the practitioner believes that there is a reasonable prospect of rescuing the company; and may receive proof of claims by creditors; and the creditors may determine whether or not a committee of creditors should be appointed and, if so, may appoint the members of the committee.
date, time and place of the meeting; and agenda for the meeting.
At any meeting of creditors, other than the meeting contemplated in section 151, a decision supported by the holders of a simple majority of the independent creditors' voting interests voted on a matter, is the decision of the meeting on that matter.
the practitioner must inform the employees' representatives whether the practitioner believes that there is a reasonable prospect of rescuing the company; and the employees' representatives may determine whether or not an employees' committee should be appointed and, if so, may appoint the members of the committee.
may, on behalf of the general body of creditors or employees, respectively, receive and consider reports relating to the business rescue proceedings; and must act independently of the practitioner to ensure fair and unbiased representation of creditors' or employees' interests.
an agent, proxy or attorney of an independent creditor or employee, or other person acting under a general power of attorney; or authorised in writing by an independent creditor or employee to be a member.
The practitioner, after consulting the creditors, other affected persons, and the management of the company, must prepare a business rescue plan for consideration and possible adoption at a meeting held in terms of section 151.
a copy of the written agreement concerning the practitioner's remuneration; and a statement whether the business rescue plan includes a proposal made informally by a creditor of the company.
the effect that the business rescue plan will have on the holders of each class of the company's issued securities.
a projected- (aa) balance sheet for the company; and (bb) statement of income and expenses for the ensuing three years, prepared on the assumption that the proposed business plan is adopted.
must include a notice of any material assumptions on which the projections are based; and may include alternative projections based on varying assumptions and contingencies.
actual information provided appears to be accurate, complete, and up to date; and projections provided are estimates made in good faith on the basis of factual information and assumptions as set out in the statement.
the court, on application by the company; or the holders of a majority of the creditors' voting interests.
the agenda of the meeting; and a summary of the rights of affected persons to participate in and vote at the meeting.
The meeting contemplated in this section may be adjourned from time to time, as necessary or expedient, until a decision regarding the company's future has been taken in accordance with sections 152 and 153.
amend the proposed plan, in any manner moved and seconded by holders of creditors' voting interests, and satisfactory to the practitioner; or direct the practitioner to adjourn the meeting in order to revise the plan for further consideration; and call for a vote for preliminary approval of the proposed plan, as amended if applicable, unless the meeting has ï¬rst been adjourned in accordance with paragraph (d)(ii).
it was supported by the holders of more than 75% of the creditors' voting interests that were voted; and the votes in support of the proposed plan included at least 50% of the independent creditors' voting interests, if any, that were voted.
the practitioner must immediately hold a meeting of holders of the class, or classes of securities who rights would be altered by the plan, and call for a vote by them to approve the adoption of the proposed business rescue plan; and if, in a vote contemplated in subparagraph (i), a majority of the voting rights that were exercised- (aa) support adoption of the plan, it will have been ï¬nally adopted, subject only to satisfaction of any conditions on which it is contingent; or (bb) oppose adoption of the plan, the plan is rejected, and may be considered further only in terms of section 153.
voted in favour of adoption of the plan; or in the case of creditors, had proven their claims against the company.
attempt to satisfy any conditions on which the business rescue plan is contingent; and implement the plan as adopted.
the practitioner may, in accordance with that plan, determine the consideration for, and issue, any authorised securities of the company, despite section 38 or 40 to the contrary; and if the business rescue plan was approved by the shareholders of the company, as contemplated in subsection (3)(c), the practitioner may amend the company's Memorandum of Incorporation to authorise, and determine the preferences, rights, limitations and other terms of, any securities that are not otherwise authorised, but are contemplated to be issued in terms the business rescue plan, despite any provision of section 16, 36 or 37 to the contrary.
Except to the extent that an approved business rescue plan provides otherwise, a pre-emptive right of any shareholder of the company, as contemplated in section 39, does not apply with respect to an issue of shares by the company in terms of the business rescue plan.
When the business rescue plan has been substantially implemented, the practitioner must ï¬le a notice of the substantial implementation of the business rescue plan.
seek a vote of approval from the holders of voting interests to prepare and publish a revised plan; or advise the meeting that the company will apply to a court to set aside the result of the vote by the holders of voting interests or shareholders, as the case may be, on the grounds that it was inappropriate.
any affected person, or combination of affected persons, may make a binding offer to purchase the voting interests of one or more persons who opposed adoption of the business rescue plan, at a value independently and expertly determined, on the request of the practitioner, to be a fair and reasonable estimate of the return to that person, or those persons, if the company were to be liquidated.
for ï¬ve business days, unless the contemplated application is made to the court during that time; or until the court has disposed of the contemplated application.
conclude the meeting after that vote; and prepare and publish a new or revised business rescue plan within 10 business days; and the provisions of this Part apply afresh to the publishing and consideration of that new or revised plan.
adjourn the meeting for no more than ï¬ve business days, as necessary to afford the practitioner an opportunity to make any necessary revisions to the business rescue plan to appropriately reï¬ect the results of the offer; and set a date for resumption of the meeting, without further notice, at which the provisions of section 152 and this section will apply afresh.
If no person takes any action contemplated in subsection (1), the practitioner must promptly ï¬le a notice of the termination of the business rescue proceedings.
A holder of a voting interest, or a person acquiring that interest in terms of a binding offer, may apply to a court to review, re-appraise and re-value a determination by an independent expert in terms of subsection (1)(b)(ii).
A business rescue plan may provide that, if it is implemented in accordance with its terms and conditions, a creditor who has acceded to the discharge of the whole or part of a debt owing to that creditor will lose the right to enforce the relevant debt or part of it.
If a business rescue plan has been approved and implemented in accordance with this Chapter, a creditor is not entitled to enforce any debt owed by the company immediately before the beginning of the business rescue process, except to the extent provided for in the business rescue plan.
ï¬nancially distressed as deï¬ned in section 128(1)(f), unless it is engaged in business 5 rescue proceedings in terms of this Chapter.
whether the proposal includes a proposal made informally by a creditor of the company.
the beneï¬ts of adopting the proposal as opposed to the beneï¬ts that would be received by creditors if the company were to be placed in liquidation.
statement of income and expenses for the ensuing three years, 55 prepared on the assumption that the proposal is accepted.
must include a notice of any signiï¬cant assumptions on which the projections are based; and may include alternative projections based on varying assumptions and contingencies.
factual information provided appears to be accurate, complete, and up to the date; and projections provided are estimates made in good faith on the basis of factual information and assumptions as set out in the statement.
A proposal contemplated in this section will have been adopted by the creditors of the company, or the members of a relevant class of creditors, if it is supported by a majority in number, representing at least 75% in value of the creditors or class, as the case may be, present and voting in person or by proxy, at a meeting called for that purpose.
the number of creditors of any affected class of creditors, who were present or represented at the meeting, and who voted in favour of the proposal; and in the case of a compromise in respect of a company being wound up, the report of the Master required in terms of the laws contemplated in item 9 of Schedule 5.
must be attached to each copy of the company's Memorandum of Incorporation that is kept at the company's registered office, or elsewhere as contemplated in section 25; and is ï¬nal and binding on all of the company's creditors or all of members of the relevant class of creditors, as the case may be, as of the date on which it is ï¬led.
An arrangement or a compromise contemplated in this section does not affect the liability of any person who is a surety of the company.
the Panel, if the complaint concerns a matter within its jurisdiction; or the Commission in respect of any matter arising in terms of this Act, other than a matter contemplated in subparagraph (i).
acting as a member of, or in the interest of, a group or class of affected persons, or an association acting in the interest of its members; or acting in the public interest, with leave of the court.
commence any proceedings in a court in the name of a person who, when ï¬ling a complaint with the Commission or Panel, as the case may be, in respect of the matter giving rise to those proceedings, also made a written request that the Commission or Panel do so; or apply for leave to intervene in any court proceedings arising in terms of this Act, in order to represent any interest that would not otherwise be adequately represented in those proceedings.
on behalf of a person entitled to make a demand in terms of section 165(2); and in the manner set out in section 165.
must promote the spirit, purpose and objects of this Act; and if any provision of this Act, or other document in terms of this Act, read in its context, can be reasonably construed to have more than one meaning, must prefer the meaning that best promotes the spirit and purpose of this Act, and will best improve the realisation and enjoyment of rights.
To the extent that this section creates any right of, or establishes any protection for, an employee, as deï¬ned in the Protected Disclosures Act, 2000 (Act No.
that right or protection is in addition to, and not in substitution for, any right or protection established by that Act; and that Act applies to a disclosure contemplated in this section by an employee, as deï¬ned in that Act, irrespective whether that Act would otherwise apply to that disclosure.
Any provision of a company's Memorandum of Incorporation or rules, or an agreement, is void to the extent that it is inconsistent with, or purports to limit, set aside or negate the effect of this section.
unfairly discriminated, or condoned unfair discrimination, against any person, as contemplated in section 9 of the Constitution and the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000); or contravened any other legislation in a manner that could expose the company to an actual or contingent risk of liability, or is inherently prejudicial to the interests of the company.
has qualiï¬ed privilege in respect of the disclosure; and is immune from any civil, criminal or administrative liability for that disclosure.
intends the ï¬rst person to fear that the threat will be carried out; or is reckless as to causing the ï¬rst person to fear that the threat will be carried out, irrespective of whether the ï¬rst person actually feared that the threat would be carried out.
Any conduct or threat contemplated in subsection (5) is presumed to have occurred as a result of a possible or actual disclosure that a person is entitled to make, or has made, unless the person who engaged in the conduct or made the threat can show satisfactory evidence in support of another reason for engaging in the conduct or making the threat.
establish and maintain a system to receive disclosures contemplated in this section conï¬dentially, and act on them; and routinely publicise the availability of that system to the categories of persons contemplated in subsection (4).
A person to whom a notice is delivered in terms of section 12(3) or section 14(3), or any other person with an interest in the name of a company, may apply to the Companies Tribunal in the prescribed manner and form for a determination whether the name satisï¬es the requirements of section 11.
within three months after the date of a notice contemplated in subsection (1), if the applicant received such a notice; or on good cause shown at any time after the date of the reservation or registration of the name that is the subject of the application, in any other case.
a company to choose a new name, and to ï¬le a notice of an amendment to its Memorandum of Incorporation, within a period and on any conditions that the Tribunal considers just, equitable and expedient in the circumstances, including a condition exempting the company from the requirement to pay the prescribed fee for ï¬ling the notice of amendment contemplated in this paragraph.
Within 20 business days after receiving a notice or a decision issued by the Companies Tribunal in terms of this section, an incorporator of a company, a company, a person who received a notice in terms of section 12(3) or 14(3), an applicant under subsection (1) or and any other person with an interest in the name or proposed name that is the subject of the application, as the case may be, may apply to a court to review the notice or decision.
any of its directors to the extent that they are or may be held liable in terms of section 77.
in terms of this Act; or in terms of the common law, subject to this Act.
regulating an industry or sector of an industry; or imposing obligations on, prohibiting any conduct by, or otherwise regulating the activities of, a juristic person.
subsection (5)(a) to (c) apply, in the case of an application for a declaration of delinquency; or subsections (7)(a) and (8) apply, in the case of an application for probation.
subsection (5) apply, in the case of an application for a declaration of delinquency; or subsections (7) and (8) apply, in the case of an application for probation.
the person is a director of a company or, within the 24 months immediately preceding the application, was a director of a company; and any of the circumstances contemplated in subsection (5)(d) to (f) apply with respect to any legislation administered by that organ of state.
while under an order of probation in terms of this section or section 47 of the Close Corporations Act, 1984 (Act No.
the person was a director of each such company, or a managing member of each such close corporation or was responsible for the management of each such juristic person, at the time of the contravention that resulted in the conviction, administrative ï¬ne or other penalty; and the court is satisï¬ed that the declaration of delinquency is justiï¬ed, having regard to the nature of the contraventions, and the person's conduct in relation to the management, business or property of any company, close corporation or juristic person at the time.
the person has been a director of more than one company, or a managing member of more than one close corporation, irrespective whether concurrently, sequentially or at unrelated times; and during the time that the person was a director of each such company or managing member of each such close corporation, two or more of those companies or close corporations each failed to fully pay all of its creditors or meet all of its obligations, except in terms of- (aa) a business rescue plan resulting from a resolution of the board in terms of section 129; or (bb) a compromise with creditors in terms of section 155.
the manner in which the company or close corporation was managed was wholly or partly responsible for it failing to meet its obligations; and the declaration is justiï¬ed, having regard to the circumstances of the company's or close corporation's failure, and the person's conduct in relation to the management, business or property of the company or close corporation at the time.
may be made subject to any conditions the court considers appropriate, including conditions limiting the application of the declaration to one or more particular categories of companies; and subsists for a period not exceeding ï¬ve years, as determined by the court at the time it makes the declaration, subject to subsections (11) and (12).
be supervised by a mentor in any future participation as a director while the order remains in force; or be limited to serving as a director of a private company, or of a company of which that person is the sole shareholder.
delinquency at any time more than two years after it was suspended as contemplated in paragraph (a);or of probation, at any time more than two years after it was made.
the applicant has demonstrated satisfactory progress towards rehabilitation, and there is a reasonable prospect that the applicant would be able to serve successfully as a director of a company in the future.
An applicant in terms of subsection (4) must serve the Commission with a copy of the application.
the business of the company, or a related person, is being or has been carried on or conducted in a manner that is oppressive or unfairly prejudicial to, or that unfairly disregards the interests of, the applicant; or the powers of a director or prescribed officer of the company, or a person related to the company, are being or have been exercised in a manner that is oppressive or unfairly prejudicial to, or that unfairly disregards the interests of, the applicant.
an order directing rectiï¬cation of the registers or other records of a company; or an order for the trial of any issue as determined by the court.
the directors must promptly ï¬le a notice of amendment to give effect to that order, in accordance with section 16(4); and no further amendment altering, limiting or negating the effect of the court order may be made to the Memorandum of Incorporation, until a court orders otherwise.
Whenever a court, on application by an interested person, or in any proceedings in which a company is involved, ï¬nds that the incorporation of, or any act by or on behalf of, or any use of, that company constitutes an unconscionable abuse of the juristic personality of the company as a separate entity, the court may declare that the company is to be deemed not to be a juristic person in respect of such rights, obligations or liabilities of the company, or of such member or shareholder thereof, or of such other person as speciï¬ed in the declaration, and the court may give such further order or orders as it may deem ï¬t in order to give effect to such declaration.
This section does not apply in any circumstances relating to a transaction, agreement or offer pursuant to a business rescue plan that was approved by shareholders of a company, in terms of section 152.
amend its Memorandum of Incorporation by altering the preferences, rights, limitations or other terms of any class of its shares in any manner materially adverse to the rights or interests of holders of that class of shares, as contemplated in section 37(8); or enter into a transaction contemplated in section 112, 113, or 114, that notice must include a statement informing shareholders of their rights under this section.
At any time before a resolution referred to in subsection (2) is to be voted on, a dissenting shareholder may give the company a written notice objecting to the resolution.
withdrawn that notice; or voted in support of the resolution.
voted against that resolution; and has complied with all of the procedural requirements of this section.
The requirement of subsection (5)(a)(i) does not apply if the company failed to give notice of the meeting, or failed to include in that notice a statement of the shareholders rights under this section.
20 business days after receiving a notice under subsection (4); or if the shareholder does not receive a notice under subsection (4), within 20 business days after learning that the resolution has been adopted.
the number and class of shares in respect of which the shareholder seeks payment; and a demand for payment of the fair value of those shares.
the company fails to make an offer in accordance with subsection (11) and the shareholder withdraws the demand; or the company revokes the adopted resolution that gave rise to the shareholder's rights under this section.
If any of the events contemplated in subsection (9) occur, all of the shareholder's rights in respect of the shares are reinstated without interruption.
the last day for the receipt of demands in terms of subsection (7)(a);or the day the company received a demand as contemplated in subsection (7)(b), if applicable, the company must send to each shareholder who has sent such a demand a written offer to pay an amount considered by the company's directors to be the fair value of the relevant shares, subject to subsection (16), accompanied by a statement showing how that value was determined.
in respect of shares of the same class or series must be on the same terms; and lapses if it has not been accepted within 30 business days after it was made.
tendered the share certiï¬cates; or directed the transfer to the company of uncertiï¬cated shares.
failed to make an offer under subsection (11); or made an offer that the shareholder considers to be inadequate, and that offer has not lapsed.
the company to pay the fair value in respect of their shares to each dissenting shareholder who complies with subsection (13)(a), subject to any conditions the court considers necessary to ensure that the company fulï¬ls its obligations under this section.
The fair value in respect of any shares must be determined as at the date on which, and time immediately before, the company adopted the resolution that gave rise to a shareholder's rights under this section.
is just and equitable, having regard to the ï¬nancial circumstances of the company; and ensures that the person to whom the company owes money in terms of this section is paid at the earliest possible date compatible with the company satisfying its other ï¬nancial obligations as they fall due and payable.
If the resolution that gave rise to a shareholder's rights under this section authorised the company to amalgamate or merge with one or more other companies, such that the company whose shares are the subject of a demand in terms of this section has ceased to exist, the obligations of that company under this section are obligations of the successor to that company resulting from the amalgamation or merger.
the provisions of that section; or the application by the company of the solvency and liquidity test set out in section 4.
Any right at common law of a person other than a company to bring or prosecute any legal proceedings on behalf of that company is abolished, and the rights in this section are in substitution for any such abolished right.
is a registered trade union that represents employees of the company, or another representative of employees of the company; or has been granted leave of the court to do so, which may be granted only if the court is satisï¬ed that it is necessary or expedient to do so to protect a legal right of that other person.
A company that has been served with a demand in terms of subsection (2) may apply within 15 business days to a court to set aside the demand only on the grounds that it is frivolous, vexatious or without merit.
initiate or continue legal proceedings, or take related legal steps to protect the legal interests of the company, as contemplated in the demand; or serve a notice on the person who made the demand, refusing to comply with it.
it is in the best interests of the company that the applicant be granted leave to commence the proposed proceedings or continue the proceedings, as the case may be.
there is a reasonable probability that the company may not act to prevent that harm or prejudice, or act to protect the company's interests that the applicant seeks to protect; and that the requirements of subsection (5)(b) are satisï¬ed.
reasonably believed that the decision was in the best interests of the company.
a person is a third party if the company and that person are not related or interrelated; and proceedings by or against the company include any appeal from a decision made in proceedings by or against the company.
if the order, or the order as varied, makes two or more persons liable, the order may also determine the nature and extent of the liability of each of those persons; and the person to whom leave has been granted is entitled, on giving reasonable notice to the company, to inspect any books of the company for any purpose connected with the legal proceedings.
the company; or any other party to the proceedings or application.
An order under this section may require security for costs.
the applicant is acting in good faith; and it is appropriate to make the order in all the circumstances.
the grant of leave is taken to have been made in favour of the substituting person; and if the person originally granted leave has already brought the proceedings, the substituting person is taken to have brought those proceedings or to have made that intervention.
does not prevent a person from making a demand, applying for leave, or bringing or intervening in proceedings with leave under this section; and does not prejudice the outcome of any application for leave, or proceedings brought or intervened in with leave under this section; or the court may take that ratiï¬cation or approval into account in making any judgement or order.
Proceedings brought or intervened in with leave under this section must not be discontinued, compromised or settled without the leave of the court.
For greater certainty, the right of a person in terms of this section to serve a demand on a company, or apply to a court for leave, may be exercised by that person directly, or by the Commission or Panel, or another person on behalf of that ï¬rst person, in the manner permitted by section 157.
the Companies Tribunal; or an accredited entity, as deï¬ned in subsection (3), for resolution by mediation, conciliation or arbitration.
If the Companies Tribunal, or an accredited entity, to whom a matter is referred for alternative dispute resolution concludes that either party to the conciliation, mediation or arbitration is not participating in that process in good faith, or that there is no reasonable probability of the parties resolving their dispute through that process, the Companies Tribunal or accredited entity must issue a certiï¬cate in the prescribed form stating that the process has failed.
is mandated, among other things, to perform mediation, conciliation or arbitration; and has been designated by the Minister in terms of subsection (5) as an accredited entity for the purposes of this Part.
reasonably require any person or association accredited by it to provide information necessary for the purpose of monitoring in terms of paragraph (b); and with reasonable notice, withdraw any accreditation granted by it in terms of this section if the person or association no longer satisï¬es the criteria set out in paragraph (a).
may designate any organ of state or other entity contemplated in subsection (3)(b) as an accredited entity for the purposes of this Part; and must prescribe criteria for the Commission to follow in assessing whether an applicant for accreditation in terms of subsection (4) meets the requirements of this section.
record the resolution of that dispute in the form of an order; and if the parties to the dispute consent to that order, submit it to a court to be conï¬rmed as a consent order, in terms of its rules.
indicate any changes that must be made to the draft order before it will be made an order of the court; or refuse to make the order.
may include an award of damages; and does not preclude a person applying for an award of civil damages, unless the consent order includes an award of damages to that person.
A court hearing any proceedings concerning a dispute arising out of a consent order may order the proceedings closed to the public if it is the interest of the conï¬dentiality of the parties to the consent order to do so.
with the Panel in respect of a matter contemplated in Part B or C of Chapter 5, or in the Takeover Regulations; or with the Commission in respect of any provision of this Act not referred to in paragraph (a), alleging that a person has acted in a manner inconsistent with this Act, or that the complainant's rights under this Act, or under a company's Memorandum of Incorporation or rules, have been infringed.
A complaint may be initiated directly by the Commission, or the Panel, as the case may be, on its own motion or on the request of another regulatory authority.
if they think it expedient as a means of resolving the matter, refer the complainant to the Companies Tribunal, or to an accredited entity, as deï¬ned in section 166(3), with a recommendation that the complainant seek to resolve the matter with the assistance of that agency; or direct an inspector or investigator to investigate the complaint as quickly as practicable, in any other case.
apply to a court for an order appointing an independent investigator- (aa) at the expense of the company; and (bb) to report to both the Commission or Panel, as the case may be, and the company.
named in the complaint, or related to a person named in the complaint; or whom the inspector reasonably considers may have information relevant to the investigation of the complaint.
the Commission, issue a compliance notice in terms of section 171; or the Panel, refer the matter to the Executive Director, who may, among other things, issue a compliance notice in terms of section 171.
any holder of securities, or creditor, of a company that was the subject of the report, or any other person implicated in the report, upon payment of the prescribed fee.
has contravened this Act; or assented to, was implicated in, or directly or indirectly beneï¬ted from, a contravention of this Act, unless the alleged contravention could otherwise be addressed in terms of this Act by an application to a court or to the Companies Tribunal.
provide a community service, in the case of a notice issued by the Commission; or take any other steps reasonably related to the contravention and designed to rectify its effect.
When issuing a notice in terms of subsection (1) to a regulated person or entity, the Commission or Executive Director, as the case may be, must send a copy of the notice to the regulatory authority that granted a licence or similar authority to that regulated person or entity, and in terms of which that person is authorised to conduct business.
any steps that are required to be taken and the period within which those steps must be taken; and any penalty that may be imposed in terms of this Act if those steps are not taken.
the Companies Tribunal, or a court upon a review of the notice, in the case of a notice issued by the Commission; or the Takeover Special Committee, or a court upon a review of the notice, in the case of a notice issued by the Executive Director; or the Commission, or Executive Director, as the case may be, issues a compliance certiï¬cate contemplated in subsection (6).
If the requirements of a compliance notice issued in terms of subsection (1) have been satisï¬ed, the Commission or the Executive Director, as the case may be, must issue a compliance certiï¬cate.
apply to a court for the imposition of an administrative ï¬ne; or refer the matter to the National Prosecuting Authority for prosecution as an offence in terms of section 214(3), but may not do both in respect of any particular compliance notice.
15 business days after receiving that notice; or such longer period as may be allowed on good cause shown.
After considering any representations by the applicant and any other relevant information, the Companies Tribunal, the Takeover Special Committee, or a court may conï¬rm, modify or cancel all or part of a compliance notice.
If the Companies Tribunal, the Takeover Special Committee or a court conï¬rms or modiï¬es all or part of a notice, the applicant must comply with that notice as conï¬rmed or modiï¬ed, within the time period speciï¬ed in it, subject to subsection (4).
A decision by the Companies Tribunal or the Takeover Special Committee in terms of this section is binding, subject to any right of review or appeal by a court.
record the resolution in the form of an order; and if the person who is the subject of the complaint consents to that order, apply to the High Court to have it conï¬rmed as a consent order, in terms of its rules.
Section 167(2) to (4), read with the changes required by the context, applies to an application contemplated in subsection (1).
If the Commission or Panel, as the case may be, issues a notice of non-referral in response to a complaint, the complainant concerned may apply to a court for leave to refer the matter directly to the court, but no such complaint may be referred directly to a court in respect of a person who has been excused as a respondent, as contemplated in section 170(1)(a).
require the Commission or Executive Director, as the case may be, to issue a compliance notice sufficient to address that contravention; or make any other order contemplated in this Act that is just and reasonable in the circumstances.
10% of the respondent's turnover for the period during which the company failed to comply with the compliance notice; and the maximum prescribed in terms of subsection (5).
the degree to which the respondent has co-operated with the Commission or Panel, as the case may be, and a court; and whether the respondent has previously been found in contravention of this Act.
For the purpose of this section, the annual turnover of any person, is the amount determined in the prescribed manner.
A ï¬ne payable in terms of this section must be paid into the National Revenue Fund referred to in section 213 of the Constitution.
The Minister may make a regulation prescribing the maximum amount of an administrative ï¬ne, which amount must be not less than R1 000 000.
appear before the Commission or Panel, or before an inspector or independent investigator, to be questioned at a time and place speciï¬ed in the summons; or deliver or produce to the Commission or Panel, or to an inspector or independent investigator, any book, document or other object referred to in paragraph (a) at a time and place speciï¬ed in the summons.
must be signed by the Commissioner or the Executive Director, as the case may be, or by an employee of the Commission or Panel designated by the Commissioner or the Executive Director, as the case may be; and may be served in the same manner as a subpoena in a criminal case issued by the magistrate's court.
interrogate and administer an oath to, or accept an affirmation from, the person named in the summons; and retain any such book, document or other object for examination, for a period not exceeding two months, or such longer period as the court, on good cause shown, may allow.
a person is not obliged to answer any question if the answer is selfincriminating; and the person asking the questions must inform that person of the right set out in paragraph (a).
No self-incriminating answer given or statement made by any person to the Commission, Panel, or an inspector or independent investigator exercising powers in terms of this Act will be admissible as evidence against that person in criminal proceedings against that person instituted in any court, except in criminal proceedings for perjury or in which that person is tried for an offence contemplated in section 215(2)(e), and then only to the extent that the answer or statement is relevant to prove the offence charged.
a contravention of this Act has taken place, is taking place, or is likely to take place on or in those premises; or that anything connected with an investigation in terms of this Act is in the possession of, or under the control of, a person who is on or in those premises.
identify the premises that may be entered and searched; and authorise an inspector or a police officer to enter and search the premises and to do anything listed in section 178.
the purpose for issuing it has lapsed; or the expiry of one month after the date it was issued.
A warrant to enter and search may be executed only during the day, unless the judge or magistrate who issued it authorises that it may be executed at night at a time that is reasonable in the circumstances.
A person authorised by a warrant issued in terms of subsection (2) may enter and search premises named in that warrant.
provide identiï¬cation to that person and explain to that person the authority by which the warrant is being executed; and hand a copy of the warrant to that person or to the person named in it; or if none of those persons is present, affix a copy of the warrant to the premises in a prominent and visible place.
search any data contained in or available to that computer system; or reproduce any record from that data; and seize any output from that computer for examination and copying; and attach, and, if necessary, remove from the premises for examination and safekeeping, anything that has a bearing on the investigation.
any person questioned by an inspector or police officer in terms of this section; or to any answer given or statement made to an inspector or police officer in terms of this section.
An inspector authorised to conduct an entry and search in terms of section 177 may be accompanied and assisted by a police officer.
A person who enters and searches any premises under section 178 must conduct the entry and search with strict regard for decency and order, and with regard for each person's right to dignity, freedom, security and privacy.
During any search under section 178(1)(c), only a female inspector or police officer may search a female person, and only a male inspector or police officer may search a male person.
must advise that person of the right to be assisted at the time by an advocate or attorney; and allow that person to exercise the right contemplated in paragraph (a).
issue a receipt for it to the owner of, or person in control of, the premises; and return it as soon as practicable after achieving the purpose for which it was removed.
During a search, a person may refuse to permit the inspection or removal of an article or document on the grounds that it contains privileged information.
If the owner or person in control of an article or document refuses in terms of subsection (5) to give that article or document to the person conducting the search, the person conducting the search may request the registrar or sheriff of the High Court that has jurisdiction to attach and remove the article or document for safe custody until that court determines whether or not the information is privileged.
A police officer who is authorised to enter and search premises under section 177, or who is assisting an inspector who is authorised to enter and search premises under section 178 may overcome resistance to the entry and search by using as much force as is reasonably required, including breaking a door or window of the premises.
Before using force in terms of subsection (7), a police officer must audibly demand admission and must announce the purpose of the entry, unless it is reasonable to believe that doing so may induce someone to destroy or dispose of an article or document that is the object of the search.
The Commission may compensate anyone who suffers damage because of a forced entry during a search when no one responsible for the premises was present.
must conduct its adjudication proceedings contemplated in this Act expeditiously and in accordance with the principles of natural justice; and may conduct those proceedings informally.
the most cost-efficient and effective manner; and in accordance with the values and principles mentioned in section 195 of the Constitution.
Each organ of state must assist the Commission to maintain its independence and impartiality, and to exercise its authority and perform its functions effectively.
At the conclusion of adjudication proceedings, the presiding member must issue a decision together with written reasons for the decision.
Right to participate in hearing 5 181.
any other person who has a material interest in the hearing, unless that interest is adequately represented by another participant.
give directions prohibiting or restricting the publication of any evidence given to the Tribunal.
Tribunal may determine any matter of procedure for an adjudication hearing, with due 25 regard to the circumstances of the case.
Every person giving evidence before the Companies Tribunal at an adjudication hearing must answer any relevant question.
The law regarding a witness's privilege in a criminal case in a court of law applies 30 equally to a person who provides information during an adjudication hearing.
During an adjudication hearing, the Companies Tribunal may order a person to answer any question, or to produce any article or document, subject to subsection (4).
Section 176(4) and (5) apply to any person questioned, or any evidence given, before the Companies Tribunal in terms of this section.
Establishment of Companies and Intellectual Property Commission 40 185. (1) The Commission is hereby established as a juristic person to function as an organ of state within the public administration, but as an institution outside the public service.
the Commission, is the certiï¬cate, notice, decision, determination or ruling of the Commission with respect to that matter.
the promotion of compliance with this Act, and any other applicable legislation; and the efficient, effective and widest possible enforcement of this Act, and any other legislation listed in Schedule 4.
have regard to international developments in the ï¬eld of company and intellectual property law; or consult any person, organisation or institution with regard to any matter.
In this section, ''this Act'' has the meaning set out in section 1, but also includes any legislation listed in Schedule 4.
referring alleged offences in terms of this Act to the National Prosecuting Authority; and referring matters to a court, and appearing before the court or the Companies Tribunal, as permitted or required by this Act.
monitoring patterns of compliance with, and contraventions of, ï¬nancial reporting standards; and making recommendations to the Council for amendments to ï¬nancial reporting standards, to secure better reliability and compliance.
register and deregister companies, directors, business names and intellectual property rights, in accordance with relevant legislation; and perform any related functions assigned to it by legislation, or reasonably necessary to carry out its assigned registry functions.
inspect, or obtain a copy of or extract from, any document contemplated in paragraph (b) that has been converted into electronic format; or obtain a certiï¬cate contemplated in paragraph (b).
Subsection (5) does not apply to any part of a ï¬led document if that part has been determined to be conï¬dential, or contain conï¬dential information, in accordance with section 212.
that an inspection, certiï¬cate, copy or extract is required on behalf of a foreign government accredited to the Republic; and that no fees are payable in the foreign country concerned in respect of such inspection, certiï¬cate, copy or extract required on behalf of the Republic; and may waive any such fee if satisï¬ed that any inspection, certiï¬cate, copy or extract is required for the purposes of research by or under the control of an institution for higher education.
report to the Minister annually on the volume and nature of registration and enforcement activities in terms of this Act and on any other matter as prescribed by the Minister; and enquire into and report to the Minister on any matter concerning the purposes of this Act, and advise the Minister in respect of any matter referred to it by the Minister.
conducting research relating to its mandate and activities and, from time to time, publishing the results of that research; and over time, reviewing legislation and public regulations, and reporting to the Minister concerning matters relating to company and intellectual property law.
participate in the proceedings of any regulatory authority; and advise, or receive advice from, any regulatory authority.
The Commission may liaise with any foreign or international authorities having any objects similar to the functions and powers of the Commission.
the Independent Regulatory Board for Auditors any concerns regarding behaviour or conduct that may be prohibited or regulated in terms of the Auditing Profession Act; or any other regulatory authority any concerns regarding behaviour or conduct that may be prohibited or regulated in terms of legislation within the jurisdiction of that regulatory authority.
holds office for an agreed term not exceeding ï¬ve years; and may perform any function of the Commissioner when the office of the Commissioner is vacant, or when the Commissioner is absent or is for any reason unable to perform the functions of that office.
A person may be reappointed as Commissioner or Deputy Commissioner on the expiry of an agreed term of office.
all assets, and the discharge of all liabilities, of the Commission; and the proper and diligent implementation of the Public Finance Management Act, 1999 (Act No. 1 of 1999), with respect to the Commission.
assign management or other duties to employees of the Commission, who have appropriate skills to assist in the management, or control over any function of the Commission; and delegate, with or without conditions, any of the powers or functions of the Commissioner to the Deputy Commissioner or any other suitably qualiï¬ed employee of the Commission, but any such delegation does not divest the Commissioner of responsibility for the exercise or any power or performance of any duty.
an alleged contravention of this Act; or any matter or circumstances with respect to the administration of one or more companies in terms of this Act, whether or not those circumstances appear at the time of the direction to amount to a possible contravention of this Act.
Commissioner on the management of the Commission's resources.
The Minister may assign speciï¬c powers to the members of a specialist committee for the purposes of performing any function contemplated in subsection (1).
be established for an indeï¬nite term, or for a period determined by the Minister when the committee is established; and determine its own procedures.
not more than eight persons who are independent from the Commission and are appointed by the Minister to serve for a period of not more than ï¬ve years, as determined by the Minister when the person is appointed; and not more than two senior employees of the Commission designated by the Commissioner.
have appropriate expertise or experience; and have the ability to perform effectively as a member of that committee.
act in any way that is inconsistent with subsection (1)(a) or expose themselves to any situation in which the risk of a conï¬ict may arise between their responsibilities and any personal ï¬nancial interest; or use their position or any information entrusted to them to enrich themselves or improperly beneï¬t any other person.
Minister terminates the person's membership because the member no longer complies with subsection (2) or has contravened subsection (3); or member's term has expired.
A member of a specialist committee who has a personal or ï¬nancial interest in any matter on which the committee gives advice must disclose that interest and withdraw from the proceedings of the specialist committee when that matter is discussed.
a member mentioned in subsection (1)(b)(i), as determined by the Minister; and a member designated as contemplated in (1)(b)(ii), to the extent that the member's remuneration and expense compensation as an employee of the Commission does not extend to that person's services as a member of the specialist committee.
must exercise its functions in accordance with this Act; and must perform its functions impartially and without fear, favour, or prejudice, and in as transparent a manner as is appropriate having regard to the nature of the speciï¬c function.
Each organ of state must assist the Companies Tribunal to maintain its independence and impartiality, and to perform its functions effectively.
have regard to international developments in the ï¬eld of company law; or consult any person, organisation or institution with regard to any matter.
The Companies Tribunal consists of a chairperson and not less than 10 other women or men appointed by the Minister, on a full or part-time basis.
appoint the chairperson and other members of the Companies Tribunal no later than the date on which this Act comes into operation; and appoint a person to ï¬ll any vacancy on the Tribunal.
appointed as chairperson or member of the Tribunal unless the person satisï¬es the requirements of section 205; or reappointed to a second term as chairperson of the Tribunal.
persons with suitable qualiï¬cations and experience in economics, law, commerce, industry or public affairs; and sufficient persons with legal training to satisfy the requirements of subsection 3(a).
The Minister must designate a member of the Tribunal as deputy chairperson of the Tribunal.
the office of chairperson is vacant; or the chairperson is for any other reason temporarily unable to perform those functions.
Sections 206 and 207 apply to the chairperson and other members of the Tribunal.
assist in the resolution of disputes as contemplated in Part C of Chapter 7; and perform any other function assigned to it by or in terms of this Act, or any law mentioned in Schedule 4.
a member of the Tribunal, to the extent that this Act provides for a matter to be considered by a single member of the Tribunal; or a panel composed of any three members of the Tribunal, in any other case.
ensure that at least one member of the panel is a person who has suitable legal qualiï¬cations and experience; and designate a member of the panel to preside over the panel's proceedings.
direct that the hearing of that matter proceed before the remaining members of the panel, subject to the requirements of subsection (3)(a);or terminate the proceedings before that panel and constitute another panel, which may include any member of the original panel, and direct that panel to conduct a new hearing.
The decision of a panel on a matter referred to it must be in writing and include reasons for that decision.
A decision of a single member of the Companies Tribunal hearing a matter as contemplated in subsection (1)(a), or of a majority of the members of a panel in any other case, is the decision of the Tribunal.
An decision by the Companies Tribunal with respect to a decision, notice or order by the Commission is binding on the Commission, subject to any review by the court.
An order of the Companies Tribunal may be ï¬led in the High Court as an order of the court, in accordance with its rules.
A member of the Tribunal may not represent any person before the Tribunal.
If, on the expiry of the term of office of a member of the Companies Tribunal, that member is still considering a matter before the Tribunal, that member may continue to act as a member in respect of that matter only.
The Takeover Regulation Panel is hereby established as a juristic person, to function as an organ of state within the public administration, but as an institution outside the public service.
Each organ of state must assist the Panel to maintain its independence and impartiality, and to exercise its authority and perform its functions effectively.
three persons designated by each exchange named for the purpose by the Minister by notice in the Gazette; and not more than a number, being 15 minus the total number of persons designated in terms of paragraph (c), of other persons appointed by the Minister on the basis of their knowledge and experience in the regulation of securities and takeovers.
At any time, the Panel may co-opt additional members for a particular purpose and a limited period.
must have the qualiï¬cations, and satisfy the further requirements set out in section 205; and are subject to the provisions of sections 206 and 207.
appointed in terms of subsection (1)(d), serve for a term not exceeding ï¬ve years, as determined by the Minister at the time the person is appointed; or co-opted in terms of subsection (2), serve until the completion of the purpose for which they were co-opted.
A person whose term of service as a member of Panel has expired may be designated, appointed or co-opted to serve for a further term, or terms without limit, subject to the requirements of subsection (3) and section 205.
one of the members of the Panel to be the chairperson of the Panel; and two of its members to be deputy chairpersons of the Panel.
Either deputy chairperson may exercise and perform the powers and duties of the chairperson whenever the chairperson is unable to do so or while the office of chairperson is vacant.
may determine the date, time and place for meetings of the Panel; and presides at meetings of the Panel, if present.
In the absence of the chairperson, and both deputy chairpersons, at a meeting of the Panel the members present may choose one of their number to preside at the meeting.
The Takeover Regulations must determine the quorum for a meeting of the Panel.
The member presiding at a meeting of the Panel may determine the procedure at the meeting.
The decision of a majority of the members of the Panel present at any meeting at which there is a quorum is the decision of the Panel.
the member presiding at the meeting may cast a deciding vote, if that presiding member did not initially have or cast a vote; or the matter being voted on fails, in any other case.
Proceedings of the Panel are valid despite any vacancy that existed on the Panel at the time, or the absence of any member during any part of those proceedings.
The Panel may delegate the exercise of any of its powers or performance of any of its functions to the chairperson, any member of the Executive as contemplated in terms of section 200, any committee that the Panel may establish, or any member of the Panel.
an Executive Director; and one or more deputy Executive Directors, on terms and conditions determined by the Panel.
this Act and the Takeover Regulations; and the policies and direction of the Panel; and appoint other officers and employees as are required for the proper performance of functions of the Panel.
A deputy Executive Director may perform any function of the Executive Director when the office of the Executive Director is vacant, or when the Executive Director is absent or is for any reason unable to perform the functions of that office.
apply for a court order to wind up a company, in the manner contemplated in section 81(1)(f); and consult with the Minister in respect of additions, deletions or amendments to the Takeover Regulations.
receive and deal with representations relating to any matter with which it may deal in terms of this Act; and perform any other function assigned to it by legislation.
In exercising its powers and performing its functions the Panel must not express any view or opinion on the commercial advantages or disadvantages of any transaction or proposed transaction.
There is hereby established a committee of the Panel, to be known as the Takeover Special Committee.
a chairperson, who must be an attorney or advocate whether practicing or not; and at least two other persons, each of whom must be designated from time to time by the Panel from among those of its members appointed by the Minister in terms of section 197(1)(d).
any matter referred to it by the Panel; and any matter that the Executive Director, or a deputy Executive Director acting in the capacity of the Executive Director, may refer to it; and review compliance notices issued by the Executive Director, or a deputy Executive Director acting in the capacity of the Executive Director.
Subject to this Act and the Takeover Regulations, the chairperson of the Takeover Special Committee may determine the procedure relating to any hearing of any matter referred to the Takeover Special Committee.
The decision of a majority of the members of the Takeover Special Committee is the decision of the Takeover Special Committee.
one person nominated by the executive officer of the Financial Services Board as deï¬ned in section 1 of the Financial Services Board Act, 1990 (Act No.
one person nominated by the Governor of the South African Reserve Bank, or any successor body to it; and a number of persons, nominated one each by any exchange that imposes adherence to ï¬nancial reporting standards as a listing requirement each of whom must be appointed by the Minister, to serve for a term of three years.
with the qualiï¬cations, knowledge and experience necessary to further the functions of the Council; and appoint the chairperson and deputy chairperson of the Council.
must satisfy the requirements of section 205; and are subject to sections 206 and 207.
A person may be reappointed to the Council, subject to section 205.
The Minister may require the Council to be a member of a relevant international accounting standards setting organisation.
advise the Minister on matters relating to ï¬nancial reporting standards; and consult with the Minister on the making of regulations establishing ï¬nancial reporting standards, subject to the requirements set out in section 29(5).
not be subject to any disqualiï¬cation set out in subsection (2); and have submitted to the Minister a written declaration stating that the person is not disqualiï¬ed in terms of subsection (2).
is disqualiï¬ed in terms of section 69 from serving as a director of a company; or is subject to an order of a competent court holding that person to be mentally unï¬t or disordered.
A member of the Companies Tribunal, the Panel or the Council, must promptly inform the Minister in writing after that person or a related persons acquires a personal ï¬nancial interest that is, or is likely to become, an interest contemplated in section 205(2)(b).
the Financial Intelligence Centre established by the Financial Intelligence Centre Act, 2001 (Act No.
as otherwise required as part of that person's official functions as a member of the Companies Tribunal, the Panel or the Council.
immediately and fully disclose the nature of that interest to the meeting; and withdraw from the meeting to allow the remaining members to discuss the matter and determine whether the member should be prohibited from participating in any further proceedings concerning that matter.
The disclosure by a person in terms of subsection (3)(a), and the decision by the Companies Tribunal, the Panel, or the Council in terms of subsection (3)(b), must be expressly recorded in the minutes of the meeting in question.
a member failed to disclose an interest as required by subsection (3); or a member who had such an interest attended those proceedings, participated in them in any way, or directly or indirectly inï¬uenced those proceedings.
one month written notice; or less than one month written notice, with the approval of the Minister.
A member of the Panel may resign by giving written notice jointly to the Minister and the relevant entity responsible for the designation of that member, if any.
failed to disclose an interest or withdraw from a meeting as required by section 206(3); or neglected to properly perform the functions of their office.
Before removing a person from office in terms of subsection (3), the Minister must afford the person an opportunity to state a case in defence of their position.
make private use of, or proï¬t from, any conï¬dential information obtained as a result of performing that person's official functions in the Commission or panel; or divulge any information referred to in paragraph (c) to any third party, except as required as part of that person's official functions within the Commission or panel.
may each appoint any suitable employee of the Commission or Panel, as the case may be, or any other suitable person employed by the State, as an inspector; and must issue each inspector with a certiï¬cate in the prescribed form stating that the person has been appointed as an inspector in terms of this Act.
set out in Part E of Chapter 7; and of a peace officer as deï¬ned in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and may exercise the powers conferred on a peace officer by law.
The Commissioner and Executive Director may each appoint or contract with any suitably qualiï¬ed person to assist the Commission, or the Panel, as the case may be, in carrying out its functions, including, but not limited to, conducting research, audits, inquiries or other investigations on behalf of the Commission or Panel, as the case may be, but a person appointed in terms of this subsection is not an inspector within the meaning of this Act.
The Minister, with the concurrence of the Minister of Finance, may determine the remuneration to be paid to a person appointed in terms of this section, if that person is not in the full-time service of the Commission or Panel, as the case may be.
income derived from their respective investment and deposit of surplus money in terms of subsection (2); and other money accruing from any source.
begins on the date that the section of this Act establishing that entity came into operation; and ends on the next following 31 March.
The Commissioner or Executive Director, as the case may be, in consultation with the Minister and with the concurrence of the Minister of Finance, may determine the remuneration, allowances, beneï¬ts, and conditions of appointment of each employee of the Commission or Panel, as the case may be.
At least once every ï¬ve years, the Minister must conduct an audit review of the exercise of the functions and powers of the Commission, the Companies Tribunal, the Panel and the Council.
In addition to any other reporting requirement set out in this Act, the Commission, Tribunal, Council and Panel must each report to the Minister at least once every year on its activities, as required by the Public Finance Management Act, 1999 (Act No. 1 of 1999).
As soon as practicable after receiving a report of a review contemplated in subsection (1), or after receiving a report contemplated in subsection (2), the Minister must table it in Parliament.
a prospectus, or a written statement contemplated in section 101, that contained an 'untrue statement' as deï¬ned and described in section 95.
the document includes or is otherwise based on a scheme, structure or form of words or numbers devised, prepared or recommended by that person; and the scheme, structure or form of words is of such a nature that the person knew, or ought reasonably to have known, that its inclusion or other use in connection with the preparation of the document would cause it to be false or misleading.
It is an offence to fail to satisfy a compliance notice issued in terms of this Act, but no person may be prosecuted for such an offence in respect of a particular compliance notice if the Commission or Panel, as the case may be, has applied to a court in terms of section 171(7)(a) for the imposition of an administrative ï¬ne in respect of that person's failure to comply with that notice.
Tribunal, the Council, or an inspector or investigator appointed in terms of this Act, a person may claim that all or part of that information is conï¬dential.
Any claim contemplated in subsection (1) must be supported by a written 5 statement explaining why the information is conï¬dential.
as soon as practicable, make a decision on the conï¬dentiality of the 10 information and access to that information, and provide written reasons for that decision.
Section 172, read with the changes required by the context, applies to a decision in terms of subsection (3).
When making any ruling, decision or order in terms of this Act, the Commission, 15 the Panel, the Companies Tribunal or the Council may take conï¬dential information into account.
If any reasons for a decision in terms of this Act would reveal any conï¬dential information, the Commission, the Panel, the Companies Tribunal or the Council, as the case may be, must provide a copy of the proposed reasons to the party claiming 20 conï¬dentiality at least ï¬ve business days before publishing those reasons.
Within ï¬ve business days after receiving a copy of proposed reasons in terms of subsection (6), a party may apply to a court for an appropriate order to protect the conï¬dentiality of the relevant information.
as a result of initiating a complaint, or participating in any proceedings in terms of this Act.
when required to do so by any court or under any law.
It is an offence to hinder, obstruct or improperly attempt to inï¬uence the Commission, the Panel, the Companies Tribunal, an inspector or investigator, or a court when any of them is exercising a power or performing a duty delegated, conferred or imposed by this Act.
enters or searches premises; or attaches or removes an article or document.
in the case of a contravention of section 213(1) or 214(1), to a ï¬ne or to imprisonment for a period not exceeding 10 years, or to both a ï¬ne and imprisonment; or in any other case, to a ï¬ne or to imprisonment for a period not exceeding 12 months, or to both a ï¬ne and imprisonment.
Despite anything to the contrary contained in any other law, a Magistrate's Court has jurisdiction to impose any penalty provided for in section 216.
Nothing in this Act renders void an agreement, resolution or provision of an agreement, resolution, Memorandum of Incorporation or rules of a company that is prohibited, void, voidable or may be declared unlawful in terms of this Act, unless a court declares that agreement, resolution or provision to be void.
Any person who contravenes any provision of this Act is liable to any other person for any loss or damage suffered by that person as a result of that contravention.
The provisions of this section do not affect the right to any remedy that a person may otherwise have.
the act or omission that is the cause of the complaint; or in the case of a course of conduct or continuing practice, the date that the conduct or practice ceased.
A complaint may not be prosecuted in terms of this Act against any person that is, or has been, a respondent in proceedings under another section of this Act relating substantially to the same conduct.
delivered to that person; or sent by registered mail to that person's last known address.
In any proceedings in terms of this Act, if it is proved that a false statement, entry or record or false information appears in or on a book, document, plan, drawing or computer storage medium, the person who kept that item must be presumed to have made the statement, entry, record or information, unless the contrary is proved.
A statement, entry or record, or information, in or on any book, document, plan, drawing or computer storage medium is admissible in evidence as an admission of the facts in or on it by the person who appears to have made, entered, recorded or stored it unless it is proved that that person did not make, enter, record or store it.
The State, the Commission, the Commissioner, the Companies Tribunal, the Panel, an inspector, or any state employee or similar person having duties to perform under this Act, is not liable for any loss sustained by or damage caused to any person as a result of any bona ï¬de act or omission relating to the performance of any duty under this Act, unless gross negligence is proved.
any forms required to be used for the purposes of this Act; and in general, any ancillary or incidental matter that is necessary for the proper implementation and administration of this Act.
Before making any regulations in terms of this Act, the Minister must publish the proposed regulations for public comment, subject to subsection (3).
In the case of regulations prescribing ï¬nancial reporting standards as contemplated in section 29(4)(a), the provisions of subsection (2) do not apply.
A regulation in terms of this Act must be made by notice in the Gazette.
The Companies Act, 1973 (Act No. 61 of 1973), is hereby repealed, subject to subsection (3).
The laws referred to in Schedule 3 are hereby amended in the manner set out in that Schedule.
The repeal of the Companies Act, 1973 (Act No. 61 of 1973), does not affect the transitional arrangements, which are set out in Schedule 5.
This Act is called the Companies Act, 2008, and comes into operation on a date ï¬xed by the President by proclamation in the Gazette, which may not be earlier than one year following the date on which the President assented to this Act.
an object relating to one or more cultural or social activities, or communal or group interests; and be consistent with the principles set out in subitems (2) to (9).
acquire and hold securities issued by a proï¬t company; or directly or indirectly, alone or with any other person, carry on any business, trade or undertaking consistent with or ancillary to its stated objects.
as a payment in respect of any rights of that person, to the extent that such rights are administered by the company in order to advance a stated object of the company; or in respect of any legal obligation binding on the company.
by the court, if the Memorandum of Incorporation, or the members or directors fail to make such a determination.
make a determination contemplated in subitem (4)(b)(ii)(bb);or apply to the court for such a determination.
Incorporation as a non-proï¬t company in terms of this Act, or registration as an external non-proï¬t company in terms of this Act, and compliance by either with the provisions of this Act does not necessarily qualify that non-proï¬t company, or external non-proï¬t company, for any particular status, category, classiï¬cation or treatment in terms of the Income Tax Act, 1962 (Act No. 58 of 1962), or any other legislation, except to the extent that any such legislation provides otherwise.
Each voting member of a non-proï¬t company has at least one vote.
The vote of each member of a non-proï¬t company is of equal value to the vote of each other voting member on any matter to be determined by vote of the members, except to the extent that the company's Memorandum of Incorporation provides otherwise.
If a non-proï¬t company has members, the requirement in section 24(4) to maintain a securities register must be read as requiring the company to maintain a membership register.
amalgamate or merge with, or convert to, a proï¬t company; or dispose of any part of its assets, undertaking or business to a proï¬t company, other than for fair value, except to the extent that such a disposition of an asset occurs in the ordinary course of the activities of the non-proï¬t company.
dispose of all or the greater party of its assets or undertaking; or amalgamate or merge with another non-proï¬t company, must be submitted to the voting members for approval, in a manner comparable to that required of proï¬t companies in accordance with sections 112 and 113, respectively.
Sections 115 and 116, read with the changes required by the context, apply with respect to the approval of a proposal contemplated in subitem (2).
its ï¬rst members, if its Memorandum of Incorporation provides for it to have members.
A non-proï¬t company is not required to have members, but its Memorandum of Incorporation may provide for it to do so.
the rights and obligations, if any, of membership in any class; and the grounds on which membership may, or will, be suspended or lost.
set out the basis on which the members choose the directors of the company; and if any directors are to be elected by the voting members, provide for the election each year of at least one-third of those elected directors.
If a non-proï¬t company has no members, the Memorandum of Incorporation must set out the basis on which directors are to be appointed by its board, or other persons.
A non-proï¬t company must not provide a loan to, secure a debt or obligation of, or otherwise provide direct or indirect ï¬nancial assistance to, a director of the company or of a related or inter-related company, or to a person related to any such director.
is to defray the person's expenses for removal at the company's request; or is in terms of an employee beneï¬t scheme generally available to all employees or a speciï¬c class of employees.
A close corporation may ï¬le a notice of conversion in the prescribed manner and form, at any time.
Section 14, read with the changes required by the context, applies with respect to the ï¬ling of a notice of conversion, as if it were a Notice of Incorporation in terms of this Act.
cancel the registration of that close corporation in terms of the Close Corporations Act, 1984 (Act No.
give notice in the Gazette of the conversion of a close corporation into a company; and enable the Registrar of Deeds to effect the necessary changes resulting from conversions and name changes.
Every member of a close corporation converted under this Schedule is entitled to become a shareholder of the company resulting from that conversion, but the shares to be held in the company by the shareholders individually need not necessarily be in proportion to the members' interests as stated in the founding statement of the close corporation concerned.
any enforcement measures that could have been commenced with respect to the close corporation in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984), for conduct occurring before the date of registration, may be brought against the company on the same basis, as if the conversion had not occurred; and any liability of a member of the corporation for the corporation's debts, that had arisen in terms of the Close Corporations Act, 1984 (Act No. 69 of 1984), and existed immediately before the date of registration, survives the conversion and continues as a liability of that person, as if the conversion had not occurred.
Act No. 69 of 1984 Close Corporations Act, 1984 Amendment of section 1 of Act 69 of 1984, as amended by section 1 of Act 38 of 1986, section 1 of Act 26 of 1997, section 1 of Act 22 of 2001 and section 57 of Act 24 of 2006 1. Section 1 of the Close Corporations Act is hereby amended by- (a) the insertion before the deï¬nition of ''Companies Act'' of the following deï¬nition: '' 'Commission' means the Companies and Intellectual Property Commission, established by section 185 of the Companies Act;''; (b) the substitution for the deï¬nition of ''Companies Act'' of the following deï¬nition: '' 'Companies Act' means the Companies Act, [1973 (Act No.
the substitution for the deï¬nition of 'subsidiary' of the following deï¬nition: '' 'subsidiary', in relation to a company, [means a subsidiary as deï¬ned in section 1(1)] has the meaning determined in accordance with section 3 of the Companies Act.''; and (j) the substitution for the deï¬nition of ''this Act'' of the following deï¬nition: '' 'this Act' includes the regulations, and any regulations made in terms of the Companies Act, to the extent that they apply to this Act.''.
''(1) [Any] At any time before section 13 of the Companies Act comes into operation, any one or more persons, not exceeding ten, who qualify for membership of a close corporation in terms of this Act, may form a close corporation and secure its incorporation by complying with the requirements of this Act in respect of the registration of its founding statement referred to in section 12.''.
Amendment of section 13 of Act 69 of 1984 (2) Section 13 of the Close Corporations Act is hereby substituted for the following section: ''Registration of founding statement 13. If a founding statement referred to in section 12 complying with the requirements of this Act is lodged with the Registrar in the manner prescribed at any time before section 13 of the Companies Act comes into operation, and if the business to be carried on by the corporation is lawful, the Registrar shall upon payment of the prescribed fee register such statement in his or her registers and shall give notice of the registration in the prescribed manner.''.
Repeal of section 27 of Act 69 of 1984 (3) Section 27 of the Close Corporations Act is hereby repealed with effect from the date on which Schedule 2 of the Companies Act comes into operation.
Amendment of section 2 of Act 69 of 1984 (1) Section 2 of the Close Corporations Act is hereby amended by the substitution for subsection (2) of the following subsection: ''(2) A corporation formed in accordance with the provisions of this Act is on registration in terms of those provisions a juristic person and continues, subject to the provisions of this Act, to exist as a juristic person notwithstanding changes in its membership, or its conversion to a company in terms of Schedule 2 of the Companies Act, until it is [in terms of this Act] deregistered or dissolved- (a) in terms of this Act; or (b) in terms of the Companies Act, in the case of a juristic person that has been converted to a company.''.
Amendment of section 19 of Act 69 of 1984, as substituted by section 5 of Act 26 of 1997 (1) Section 19 of the Close Corporations Act is hereby amended by the substitution of the following section: ''Undesirable names and reservation of names 19. (1) [No founding statement containing a name for a corporation to be incorporated and no amended founding statement containing a new name for a corporation shall be registered if the name is in the opinion of the Registrar undesirable] Part A of Chapter 2 of the Companies Act, read with the changes required by the context, applies to a corporation and to an applicant for name reservation in terms of subsection (2), but- (a) a reference in any of those provisions to a company must be regarded as a reference to a corporation for the purposes of this Act; and (b) the application of section 11(4) of the Companies Act to a corporation is subject to the provisions of section 22(1) of this Act. (2) Any person who intends to form a corporation or any corporation which intends to change its name [shall] may apply to the Registrar for the reservation of a name, on the prescribed form and on payment of the prescribed fee [, apply to the Registrar for the reservation of a name: Provided that a company being converted into a corporation in terms of this Act shall not be required to so reserve its name if the name remains identical].'
Amendment of section 20 of Act 69 of 1984, as inserted by section 3 of Act 81 of 1992 and substituted by section 8 of Act 22 of 2001 (2) Section 20 of the Close Corporations Act is hereby amended by the substitution of the following subsection: ''[Order to change name] Objections to names 20. Sections 14(4), 16(8), and 160 of the Companies Act, each read with the changes required by the context, apply to a corporation or with respect to a reserved name, or an application to reserve a name in terms of section 19(2), but a reference in any of those provisions to a company must be regarded as a reference to a corporation for the purposes of this Act.''.
Amendment of section 22 of Act 69 of 1984, as amended by section 6 of Act 26 of 1997 (3) Section 22(2) and (4) of the Close Corporations Act is hereby repealed.
Amendment of section 23 of Act 69 of 1984, as amended by section 5 of Act 81 of 1992, section 8 of Act 26 of 1997 and section 9 of Act 22 of 2001 (4) The Close Corporations Act is hereby amended by the substitution for section 23 of the following section: ''Use and publication of names 23. Section 32 of the Companies Act, read with the changes required by the context, applies to a corporation, but a reference in that section to a company must be regarded as a reference to a corporation for the purposes of this Act.''.
Repeal of section 41 of Act 69 of 1984 (5) Section 41 of the Close Corporations Act is hereby repealed.
''(3) Regulations made by the Minister in terms of section 29(4) and (5), and 30(7) of the Companies Act apply to a corporation as if those regulations had been made in terms of this Act, but any reference in those regulations to a company must be read as a reference to a corporation.''.
Amendment of section 47 of Act 69 of 1984, as amended by section 11 of Act 26 of 1997, section 13 of Act 22 of 2001 and substituted by section 36 of Act 12 of 2004 (2) Section 47 of the Close Corporations Act is amended by- (a) the repeal of subparagraphs (ii) and (iii) of paragraph (b) of subsection(1); (b) the substitution for paragraph (c) of subsection (1) the following paragraph: ''(c) any person who is [subject to any order of a court under] disqualiï¬ed from being a director of a company in terms of section 69(8) to (11) of the Companies Act, subject to subsection (1B) [disqualifying him or her from being a director of a company].''; and (c) the insertion of the following subsections after subsection (a): ''(1A) A person who has been placed under probation by a court in terms of section 162 of the Companies Act or subsection (1C), must not participate in the management of the business of a corporation, except to the extent permitted in the order of probation. (1B) Despite being disqualiï¬ed in terms of section 69(8)(b) of the Companies Act, read with subsection (1)(c),a person may participate in the management of a corporation if 100% of the members' interest in the corporation is held by- (a) that person; or (b) that person and other persons, all of whom are related to that disqualiï¬ed person, and each such person has consented in writing to that disqualiï¬ed person participating in the management of the corporation. (1C) Section 162 of the Companies Act, read with the changes required by the context, applies to a corporation, but a reference in that section to- (a) a company must be regarded as referring to a company or a corporation; or (b) a director, must be regarded as referring to a director of a company, or a member participating in the management of a corporation.''.
Repeal of section 55 of Act 69 of 1984 (3) Section 55 of the Close Corporations Act is hereby repealed.
Amendment of section 58 of Act 69 of 1984, as substituted by section 12 of Act 38 of 1986 and amended by section 4 of Act 64 of 1988 (4) Section 58 of the Close Corporations Act is hereby amended by- (a) the substitution for subsection (1) of the following subsection: ''(1) The members of a corporation shall within [nine] six months after the end of every ï¬nancial year of the corporation cause annual ï¬nancial statements in respect of that ï¬nancial year to be made out in one of the official languages of the Republic. (b) the insertion, of the following subsection after subsection (2), ''(2A) Section 30(2)(b), and (3) to (6) of the Companies Act, read with the changes required by the context, apply to a corporation that is required by the regulations made in terms of section 30(7) of the Companies Act, to have its annual ï¬nancial statements audited.
Amendment of section 62 of Act 69 of 1984, as amended by section 13 of Act 38 of 1986 and section 4 of Act 17 of 1990 (5) Section 62 of the Close Corporations Act is hereby amended by the insertion of the following section after section 62: ''Application of accountability provisions of Companies Act 62A. (1) Section 34(2) of the Companies Act, read with the changes required by the context, apply to a corporation. (2) Chapter 3 of the Companies Act, read with the changes required by the context- (a) applies to a corporation that has voluntarily determined to take any action contemplated in section 34(2) of the Companies Act; and (b) prevails over any conï¬icting provision of this Act, with respect to a corporation contemplated in paragraph (a).''.
Amendment of section 66 of Act 69 of 1984, as substituted by section 16 of Act 26 of 1997 (1) Section 66 of the Close Corporations Act is hereby amended by the insertion of the following subsection after subsection (1): ''(1A) The provisions of Chapter 6 of the Companies Act, read with the changes required by the context, apply to a corporation, but any reference in that Chapter to- (a) a company must be regarded as a reference to a corporation; or (b) a shareholder of a company, or the holder of securities issued by a company, must be read as a reference to a member of a corporation.''.
Amendment of section 66 of Act 69 of 1984, as substituted by section 16 of Act 26 of 1997 (1) Section 66 of the Close Corporations Act is hereby amended by the substitution for subsection (1) of the following subsection: ''(1) The [provisions] laws mentioned or contemplated in item 9 of Schedule 5 of the Companies Act, [which relate to the winding-up of a company, including the regulations made thereunder, (except sections 311, 312, 313, 337, 338, 344, 345, 346(2), 347(3), 349, 364, 365(2), 367 to 370, inclusive, 377, 387, 389, 390, 395 to 399, inclusive, 400(1)(b), 401, 402, 417, 418, 419(4), 421, 423 and 424),] read with the changes required by the context, [shall] apply [mutatis mutandis and in so far as they can be applied] to the liquidation of a corporation in respect of any matter not speciï¬cally provided for in this Part or in any other provision of this Act.''.
Amendment of section 67 of Act 69 of 1984 (2) Section 67 of the Close Corporations Act is hereby substituted for the following section- ''Dissolution of corporations 67. (1) Part G of Chapter 2 of the Companies Act, read with the changes required by the context, applies to a solvent corporation. (2) This Part of this Act must be administered in accordance with the laws mentioned or contemplated in item 9 of Schedule 5 of the Companies Act.''.
Repeal of 68 of Act 69 of 1984 (3) Section 68 of the Close Corporations Act is hereby repealed.
Amendment of section 26 of Act 69 of 1984, as amended by section 6 of Act 38 of 1986, section 14 of Act of 22 of 2001, section 9 of Act 39 of 2002 and section 62 of Act 24 of 2001 (1) Section 26 of the Close Corporations Act is hereby, substituted for the following section: ''Deregistration 26. Sections 81(1)(f), 81(3), 82(3) to (4), and 83 of the Companies Act, each read with the changes required by the context, apply with respect to the deregistration of a corporation, but a reference in any of those provisions to a company must be regarded as a reference to a corporation for the purposes of this Act.''.
Repeal of section 3(1) of Act 69 of 1984 (2) Section 3(1) of the Close Corporations Act is hereby repealed.
Amendment of section 4 of Act 69 of 1984 (3) Section 4 of the Close Corporations Act is hereby amended by- (a) the substitution for subsection (1) of the following subsection: ''(1) [The Minister shall, subject to the laws governing the public service, appoint a Registrar of Close Corporations, who shall] The Commission- (a) may exercise the powers and must perform the duties assigned to the Registrar by this Act; and (b) [subject to the directions of the Minister, be] is responsible for the administration of the Registration Office.''; (b) the repeal of subsection (2); and (c) the substitution for subsection (3) of the following subsection: ''(3) The [Registrar] Commission may delegate any of the powers and entrust any of the duties [assigned to him or her by this Act] of the Registrar to any officer or employee in the [public service] Commission.''.
Repeal of sections 11 and 16 of Act 69 of 1984 (4) Sections 11 and 16(3) of the Close Corporations Act are hereby repealed.
Repeal of sections 47(7), 49(5) and 58(4) of Act 69 of 1984 (5) Sections 47(2), 49(5) and 58(4) of the Close Corporations Act are hereby repealed.
Amendment of section 64 of Act 69 of 1984 (6) Section 64 of the Close Corporations Act is hereby amended by the substitution for subsection (2) of the following subsection: ''(2) [Without prejudice to any other criminal liability incurred where] If any business of a corporation is carried on in any manner contemplated in subsection (1), every person who is knowingly a party to the carrying on of the business in any such manner, shall be guilty of an offence.''.
Amendment of section 82 of Act 69 of 1984 (7) Section 82 of the Close Corporations Act is hereby substituted for the following section: ''Application of Companies Act to enforcement of Act 82. Parts D, E, and F of Chapter 7, and Part A of Chapter 9 of the Companies Act, read with the changes required by the context, apply with respect to any alleged contravention of this Act or contravention of any provision of the Companies Act to the extent the provision applies to a corporation or its members.''.
Act No. 62 of Registration of Amendment of section 1 of Act 62 of 1977 1977 Copyright in Cinematograph ï¬lms Act, 1977 1.
Repeal of section 2 of Act 62 of 1977 2.
Cinematograph Films Act, 1977, is hereby repealed.
Amendment of section 3 of Act 62 of 1977 3.
''(1) The Commission may exercise the powers and must perform the duties assigned to the regis trar by this Act and is responsible for the admin istration of the registration office.
The [Registrar] Commission may delegate any of the powers and entrust any of the duties assigned to [him] the registrar by this Act, to any officer or employee in the [public service] Com mission.
Act No. 57 of 1978 Patents Act, 1978 Amendment of section 2 of Act 57 of 1978, as amended by section 1 of Act 76 of 1988, section 1 of Act 49 of 1996, section 27 of Act 38 of 1997 and section 1 of Act 20 of 2005 1. Section 2 of the Patents Act, 1993, is hereby amended by- (a) the insertion after the deï¬nition of ''application in a convention country'' of the following deï¬nition: '' 'Commission' means the Companies and Intellectual Property Commission, established by section 185 of the Companies Act, 2008''; (b) by the substitution for the deï¬nition of ''patent office'' of the following deï¬nition: '' 'patent office' means the [patent office established in terms of section 5] office of the Commission; and (c) by the substitution for the deï¬nition of ''registrar'' of the following deï¬nition: '' 'registrar' means the [registrar of patents appointed under section 7] Commissioner, appointed in terms of section 189 of the Companies Act, 2008;''; Repeal of section 5 of Act 57 of 1978 2. Section 5 of the Patents Act, 1978, is hereby repealed. Amendment of section 7 of Act 57 of 1978 3. Section 7 of the Patents Act, 1978, is hereby amended by- (a) the substitution for subsection (1) of the following subsection: ''(1) The [Minister shall, subject to the laws governing the public service, appoint a registrar of patents, who shall] Commission- (a) may exercise the powers and must perform the duties conferred or imposed upon the registrar by this Act; and (b) [and who shall, subject to the directions of the Minister, have the chief control] is responsible for the administration of the patent office. (b) by the repeal of subsection (2); (c) by the substitution for subsection (3) of the following subsection: ''(3) The Commission may delegate any of the powers and entrust any of the duties assigned to the registrar by this Act, to any ofï¬cer or employee in the Commission.'
1978 1978 amended by section 1 of Act 56 of 1980, section 1 of Act 66 of 1983, section 1 of Act 52 of 1984, section 1 of Act 13 of 1988, section 1 of Act 125 of 1992, section 50 of Act 38 of 1997 and section 1 of Act 9 of 2002 1. Section 1 of the Copyright Act, 1978, is hereby amended by the substitution for the deï¬nition of ''Registrar'' of the following deï¬nition: '' 'Registrar' means the [Registrar of Copyright, who shall be the person appointed as Registrar of Patents under section 7 of the Patents Act, 1978] Commissioner appointed in terms of section 189 of the Companies Act, 2008;''.
Act No. 59 of 1980 Share Blocks Control Act, 1980 Amendment of section 1 of Act 59 of 1980 1. Section 1 of the Share Blocks Control Act, 1980, is hereby amended by- (a) the substitution for the deï¬nition of ''Companies Act'' of the following deï¬nition: '' 'Companies Act' means the Companies Act, [1973 (Act No. 61 of 1973)] 2008;''; and (b) the insertion after the deï¬nition of purchaser' of the following deï¬nition: '' 'Registrar' means the Commissioner, appointed in terms of section 189 of the Companies Act;''.
Act No. 194 of 1993 Trade Marks Act, 1993 Amendment of section 2 of Act 194 of 1993 1. Section 2 of the Trade Marks Act, 1993, is hereby amended by- (a) the insertion after the deï¬nition of ''collective trade mark'' of the following deï¬nition: '' 'Commission' means the Companies and Intellectual Property Commission, established by section 185 of the Companies Act, 2008''; (b) the substitution for the deï¬nition of ''registrar'' of the following deï¬nition: 'registrar' means the [registrar of trade marks appointed or deemed to have been appointed under section 6] Commissioner, appointed in terms of section 189 of the Companies Act, 2008;''; and (c) the insertion after the deï¬nition of ''trade mark'' of the following deï¬nition: '' 'trade marks office' means the office of the Commission;''. Repeal of section 5 of Act 194 of 1993 2. Section 5 of the Trade Marks Act, 1993, is hereby repealed.
Amendment of section 6 of Act 194 of 1993 3. Section 6 of the Trade Marks Act, 1993, is hereby amended by- (a) the substitution for subsection (1) of the following subsection: ''(1) The Commission- (a) may exercise the powers and must perform the duties conferred or imposed upon the registrar by this Act; and (b) is responsible for the administration of the trade marks office.''. (b) the repeal of subsections (2) and (4).
Act No. 195 of 1993 Designs Act, 1993 Amendment of section 1 of Act 195 of 1993 as amended by section 69 of Act 38 of 1997 1. Section 1 of the Designs Act, 1993, is hereby amended by- (a) the insertion after the deï¬nition of ''article'' of the following deï¬nition: '' 'Commission' means the Companies and Intellectual Property Commission, established by section 185 of the Companies Act, 2008;''; (b) the substitution for the deï¬nition of ''designs ofï¬ce'' of the following deï¬nition: '' 'designs office' means the [designs office referred to in section 4] office of the Commission; (c) by the substitution for the deï¬nition of ''registrar'' of the following deï¬nition: '' 'registrar' means the [registrar of designs appointed or deemed to have been appointed under section 6] Commissioner, appointed in terms of section 189 of the Companies Act, 2008;''; Repeal of section 4 of Act 195 of 1993 2. Section 4 of the Designs Act, 1993, is hereby repealed. Amendment of section 6 of Act 195 of 1993 3. Section 6 of the Designs Act, 1993 is hereby amended by- (a) the substitution for subsection (1) of the following subsection: ''(1) The [Minister shall, subject to the laws governing the public service, appoint a registrar of designs, who shall] Commission- (a) may exercise the powers and must perform the duties conferred or imposed upon the registrar by this Act; and (b) [and who shall, subject to the directions of the Minister, have the chief control] is responsible for the administration of the designs office.
by the repeal of subsections (2) and (3); (c) by the substitution for subsection (4) of the following subsection: ''(4) The Commission may delegate any of the powers and entrust any of the duties assigned to the registrar by this Act, to any officer or employee in the Commission.'
Act No. 14 of 2005 Co-operatives Act, 2005 Amendment of section 1 of Act 14 of 2005 1. Section 1 of the Co-operatives Act, 2005, is hereby amended by- (a) the insertion after the deï¬nition of 'agricultural co-operative' of the following deï¬nitions: '' 'Commission' means the Companies and Intellectual Property Commission, established by section 185 of the Companies Act; 'Companies Act' means the Companies Act, 2008; (b) the deletion of the deï¬nitions of ''deputy registrar'' and ''Director-General''; and (c) by the substitution for the deï¬nition of ''registrar'' of the following deï¬nition: '' 'registrar' means the [Registrar of Co-operatives] Commissioner, appointed in terms of section 189 of the Companies Act;''.
Amendment of section 78 of Act 14 of 2005 1. Section 78 of the Co-operatives Act, 2008, is hereby amended by- (a) by the substitution for subsection (1) of the following subsection: ''(1) The [Minister] Commission- (a) [must appoint an officer in the public service as the Registrar of Co-operatives, with the authority to] may exercise the powers and must perform the functions conferred on the registrar by or in terms of this Act; (b) the repeal of subsection (1)(b) and (c); (c) the substitution for subsection (2) of the following subsection: ''(2) The [registrar] Commission may, from time to time, delegate any power conferred on [him or her] the registrar by or under this Act to any officer or employee in the [public service] Commission.
Share Blocks Control Act, 1980 (Act No.
Co-operatives Act, 2005 (Act No.
Copyright Act, 1978 (Act No.
Performers Protection Act, 1967 (Act No.
Registration of Copyright in Cinematograph Films Act, 1977 (Act No.
Counterfeit Goods Act, 1977 (Act No.
Designs Act, 1993 (Act No.
Merchandise Marks Act, 1941 (Act No.
Patents Act, 1978 (Act No.
Trade Marks Act, 1993 (Act No.
Unauthorised Use of Emblems Act, 1961 (Act No.
''Vlaglied'' Copyright Act, 1974 (Act No.
Protection of Businesses Act, 1987 (Act No.
''previous Act'' means the Companies Act, 1973 (Act No. 61 of 1973).
the previous Act, if the number is followed by the words ''of the previous Act''; or this Act, in any other case; or to an item or a subitem by number is a reference to the corresponding item or subitem of this Schedule.
the Commission may not perform that particular function or exercise that particular power; and the Minister has the authority to, and bears the responsibility of, exercising any such function or performing any such power assigned by this Act to the Commission.
incorporated or registered in terms of the Companies Act, 1973 (Act No.
(Act No. 61 of 1973), continues to exist as a company, as if it had been incorporated and registered in terms of this Act, with the same name and registration number previously assigned to it, subject to item 4.
Any matter ï¬led with the Registrar under the Companies Act, 1973 (Act No. 61 of 1973), before the effective date and not fully addressed at that time, must be concluded by the Registrar in terms of that Act, despite its repeal.
Any conversion of a company to a close corporation in terms of section 27 of the Close Corporations Act 1984 (Act No. 69 of 1984), ï¬led with the Registrar before the effective date and not fully addressed at that time must be concluded by the Registrar in terms of that Act, despite the repeal of that section.
have been registered in terms of the previous Act; and be a pre-existing company for all purposes of this Act.
may ï¬le a notice within 20 business days after the general effective date electing to become a proï¬t company, as from the general effective date, and to change its name in so far as required to comply with section 11(3)(b);or if it fails to ï¬le a notice in terms of subparagraph (i), is deemed to have amended its Memorandum of Incorporation as of the general effective date to expressly state that it is a non-proï¬t company, and have changed its name in so far as required to comply with section 11(3)(b).
an amendment to its Memorandum of Incorporation to bring it in harmony with this Act; and if necessary, a notice of name change and copy of a special resolution contemplated in section 16, to alter its name to meet the requirements of this Act.
as of the general effective date, for a period of two years, or until changed by the company; and after the two year period, to the extent that they are consistent with this Act.
inconsistent with this Act; but consistent with that company's Memorandum of Incorporation.
Section 21 does not apply with respect to a pre-existing company.
Section 35(2) does not apply to a bank, as deï¬ned in the Banks Act, 1993 (Act No. 124 of 1993), until a date declared by the Minister, after consulting the member of the Cabinet responsible for national ï¬nancial matters.
Despite section 35(2) any shares of a pre-existing company that have been issued with a nominal or par value, and are held by a shareholder immediately before the effective date, continue to have the nominal or par value assigned to them when issued, subject to any regulations made in terms of subitem (3).
preserve the rights of shares holders associated with such shares, as at the effective date, to the extent doing so is compatible with the purposes of this item; or provide for the company to compensate its shareholders for the loss of any such rights.
is not a contravention of that section; and does not invalidate that share certiï¬cate.
A person holding office as a director, prescribed officer, company secretary or auditor of a preexisting company immediately before the effective date, continues to hold that office as from the effective date, subject to the company's Memorandum of Incorporation, and this Act.
A person contemplated in subitem (1) who, in terms of this Act, is ineligible to be, or disqualiï¬ed from being a director, company secretary or auditor, is regarded to have resigned that office as from the effective date.
the minimum number of directors required by or in terms of this Act; and the actual number of directors of that pre-existing company immediately before the general effective date, if that number is less than the minimum referred to in paragraph (a).
A vacancy in the office of director, company secretary or auditor of a pre-existing company as from the effective date, irrespective whether arising by operation of subitem or (3), or otherwise, is to be ï¬lled in accordance with this Act.
Chapter 5 applies as from the effective date to every pre-existing company, except to the extent it is exempted by or in terms of that Chapter.
Approval of any distribution, ï¬nancial assistance, insider share issues, or options, are subject to this Act, even if any such action had been approved by a company's shareholders before the effective date, despite anything to the contrary in the company's Memorandum of Incorporation.
A right of any person to seek a remedy in terms of this Act applies with respect to conduct pertaining to a pre-existing company and occurring before the effective date, unless the person had commenced proceedings in a court in respect of the same conduct before the effective date.
the company disposed of that record before the effective date; and at the time the company disposed of the record it was not required, by or in terms of any public regulation, to continue to maintain that record; or include in its notice of incorporation in terms of the previous Act a prominent statement comparable to that required by section 13(3) of this Act.
A provision of the Memorandum of Incorporation of a pre-existing company comparable to a provision contemplated in section 15(2) has the same validity after the effective date that it had immediately before that date, despite any failure of the company to have drawn attention to that provision in the manner required by section 13(3).
Section 19(4) applies to any provision of the Memorandum of Incorporation of a pre-existing company that is comparable to a provision contemplated in section 15(2), from the time that the company ï¬les a notice of that provision.
Any reservation by the Registrar of a name in terms of section 42 of the previous Act that was in effect immediately before the effective date, is regarded as having been a reservation in terms of section 12 of this Act, as from the effective date, subject to subitem (2).
the Commission must notify the person for whose use the name was reserved, inviting the person to request the reservation of a substitute name that does satisfy the requirements of this Act; and the person concerned may ï¬le a request contemplated in paragraph (a),atno charge, any time within 120 business days after the date of the Commission's notice.
the date the name is used by a company incorporated by the person for who the name has been reserved; or the second anniversary of the general effective date.
Despite the repeal of the previous Act, until the date determined in terms of subitem (4), Chapter 14 of that Act continues to apply with respect to the winding-up and liquidation of companies under this Act, as if that Act had not been repealed subject to subitems (2) and (3).
Despite subitem (1), sections 343, 344, 346, and 348 to 353 do not apply to the winding-up of a solvent company, except to the extent necessary to give full effect to the provisions of Part G of Chapter 2.
If there is a conï¬ict between a provision of the previous Act that continues to apply in terms of subitem (1), and a provision of Part G of Chapter 2 of this Act with respect to a solvent company, the provision of this Act prevails.
determine a date on which this item ceases to have effect, but no such notice may be given until the Minister is satisï¬ed that alternative legislation has been brought into force adequately providing for the winding-up and liquidation of insolvent companies; and prescribe ancillary rules as may be necessary to provide for the efficient transition from the provisions of the repealed Act, to the provisions of the alternative legislation contemplated in paragraph (a).
Any proceedings in any court in terms of the previous Act immediately before the effective date are continued in terms of that Act, as if it had not been repealed.
Any order of a court in terms of the previous Act, and in force immediately before the effective date, continues to have the same force and effect as if that Act had not been repealed, subject to any further order of the court.
Any right or entitlement enjoyed by, or obligation imposed on, any person in terms of any provision of the previous Act, that had not been spent or fulï¬lled immediately before the effective date is a valid right or entitlement of, or obligation imposed on, that person in terms of any comparable provision of this Act, as from the date that the right, entitlement or obligation ï¬rst arose, subject to the provisions of this Act.
A notice given by any person to another person in terms of any provision of the previous Act must be considered as notice given in terms of any comparable provision of this Act, as from the date that the notice was given under the previous Act.
A document that, before the effective date, had been served in accordance with the previous Act must be regarded as having been satisfactorily served for any comparable purpose of this Act.
An order given by an inspector, in terms of any provision of the previous Act, and in effect immediately before the effective date, continues in effect, subject to the provisions of this Act.
The person who occupied the post of chief executive officer of the Companies and Intellectual Property Registration Office immediately before the general effective date, must be regarded as having been appointed on the general effective date as the Commissioner in terms of section 189, for a term to be determined by the Minister.
A person in the employ of the Companies and Intellectual Property Registration Office or the Office of Companies and Intellectual Property Enforcement in the Department of Trade and Industry becomes an employee of the Commission on the effective date.
section 197 of the Labour Relations Act, 1995 (Act No. 66 of 1995); and any collective agreement reached between the State and the trade union parties of the Departmental Chamber of the Public Service Bargaining Council before the effective date.
A person referred to in subitem (2) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before the effective date, and any proceedings against such a person, that were pending immediately before the effective date, must be disposed of as if this Act had not been enacted.
remains a member of the Government Employees'Pension Fund mentioned in section 2 of the Government Employees' Pension Law, 1996 (Act No. 21 of 1996); and is entitled to pension and retirement beneï¬ts as if that person were in service in a post classiï¬ed in a division of the public service mentioned in section 8(1)(a)(i) of the Public Service Act, 1994 (Proclamation No. 103 of 1994).
all ï¬nancial, administrative and other records of the Company and Intellectual Property Registration Office, including all relevant documents in the possession of that office immediately before the effective date, are transferred to the Commission; and the assets and liabilities of the Securities Regulation Panel established by section 440B of the Companies Act, 1973, are transferred to and are assets and liabilities, respectively, of the Panel.
the terms and conditions of office or employment of a person contemplated in this subitem are identical to the terms and conditions of office or employment subsisting between that person and the Securities Regulation Panel immediately before the general effective date, subject to any further determination by the Panel in the exercise of its authority set out in sections 200(1), 200(2)(b) and 210(3); and any person contemplated in this subitem who, as an employee or office holder of the Securities Regulation Panel immediately before the general effective date, had any rights to participate in, or vested rights in terms of, any pension scheme or medical scheme, retains those rights, subject to any further determination by the Panel in the exercise of its authority set out in sections 200(1), 200(2)(b) and 210(3).
resigns from an office in, or terminates that person's employment by, the Panel; and is subsequently appointed to an office within, or re-employed by, the Panel, sections 200(1), 200(2)(b) and 210(3) apply with respect to that person as if the person were being so appointed or employed by the Panel for the ï¬rst time.
The registers of companies, external companies, reserved names, and delinquent directors, respectively, as maintained by the Companies and Intellectual Property Registration Office in terms of the previous Act are each continued as the register of companies, external companies, reserved names, and directors, respectively, required to be established by the Commission in terms of this Act.
the Commission may exercise any power of the Registrar, or the Panel may exercise any power of the Securities Regulation Panel, in terms of the previous Act to investigate and prosecute any breach of that Act that occurred during the period of three years immediately before the effective date, subject to subitem (2); and a court may make any order that could have been made in the circumstances by a court under that Act.
In exercising authority under subsection (1), the Commission or Panel, respectively, must conduct the investigation or other matter in accordance with the previous Act.
On the effective date, and for a period of 60 business days after the effective date, the Minister may make any regulation contemplated in this Act without meeting the procedural requirements set out in section 223 or elsewhere in this Act, provided the Minister has published those proposed regulations in the Gazette for comment for at least 30 business days.
<fn>GOV-ZA.32126425En.2012-02-10.en.txt</fn>
No. 73 of 2008: National Conventional Arms Control Amendment Act, 2008.
by the insertion after the deï¬nition of ''prescribe'' of the following deï¬nition: '' 'Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conï¬ict Act' means the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conï¬ict, 2006 (Act No.
by the substitution for the deï¬nition of ''Secretary'' of the following deï¬nition: '' 'Secretary' means the Secretary for Defence appointed in terms of section [7B of the Defence Act, 1957 (Act No. 44 of 1957)] 7ofthe Defence Act, 2002 (Act No.
[the renderings of brokering services] domestic transfers such as sale, takeover, letting, lending, donation or transfer within the Republic; and the rendering of services.''.
Amendment of section 3 of Act 41 of 2002 2.
foster national and international conï¬dence in the Committee's procedures for control over trade in [conventional arms] controlled items and rendering of certain assistance or services in a country of armed conï¬ict; and fulï¬l any obligation imposed under the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conï¬ict Act.''.
Amendment of section 4 of Act 41 of 2002 3.
keep a register of every permit issued; and issue reports as speciï¬ed in section 23.'
make recommendations to the Cabinet concerning the control of trade in [conventional arms] and possession of controlled items; and direct any subcommittee to make information which it has in its possession available to the Committee, the Cabinet, Parliament or any committee of Parliament.'
''(4) The Committee may determine that a speciï¬c quantity or type of any controlled item may only be imported, exported, conveyed, traded in or disposed of in terms of any other Act with the approval of the Committee, in addition to the approval required in terms of any such Act.
For the purposes of subsection (4), any application for the import, export, conveyance, trade in or disposal of a controlled item determined in terms of subsection (4), received under the relevant Act, must be submitted to the Committee.''.
Amendment of section 5 of Act 41 of 2002 4.
''(3) The President must designate one member of the Committee as the chairperson and another as the deputy chairperson, such members being Ministers who do not have a line-function interest in trade in [conventional arms] controlled items.''.
Amendment of section 9 of Act 41 of 2002 5.
''(a) that trade in [conventional arms] and possession of controlled items is conducted in compliance with this Act; and''; and by the addition of the following subsections: ''(6) (a) The Minister may, with the concurrence of the Committee, designate any employee of the State as an inspector.
Any employee designated as an inspector must exercise his or her powers under this Act in consultation with the Inspectorate.
In the exercise of powers vested in an inspector in terms of this section, the inspector may call upon a police officer to assist with the execution of that power.''.
Amendment of section 12 of Act 41 of 2002 6.
''(2) In addition to the audit of the ï¬nancial statements of the Department in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999), the Auditor-General must audit the [registers and processes contemplated in section 4] affairs of the Committee.''.
Substitution of section 13 of Act 41 of 2002 7.
No person may trade in [conventional arms] or possess controlled items referred to in section 27(3), unless that person is registered with the secretariat and in possession of a permit authorised by the Committee and issued by the secretariat.
In the case of ï¬rearms, ammunition, prohibited ï¬rearms and restricted ï¬rearms, referred to in the Firearms Control Act, 2000 (Act No.
which in terms of the Explosives Act, 2003 (Act No.
if the transfer, storage, transportation, manufacturing, destruction, distribution or any other use thereof relate to occupational health or occupational safety and are governed and approved by or under the Mine Health and Safety Act, 1996 (Act No. 29 of 1996), or the Occupational Health and Safety Act, 1993 (Act No.
if the explosives are imported, exported, stored, used, manufactured or transported by a defence force or police force of any country or any multinational or international defence force or policing agency, by virtue of an exemption from the provisions of the Explosives Act, 2003 (Act No.
in the case of controlled goods as deï¬ned in section 1 of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No.
in the case of radio apparatus as deï¬ned in the Electronic Communications Act, 2003 (Act No.
in the case of nuclear material, restricted material and nuclear-related equipment and material as deï¬ned in section 1 of the Nuclear Energy Act, 1999 (Act No.
while the controlled items are in possession of the person carrying out the maintenance, repair or upgrade, such person may not use such controlled items for any purpose other than for testing.''.
Amendment of section 14 of Act 41 of 2002 8.
may prescribe the period within which, the harbour, port or airport through or from which, the person, country or territory from or to which, the route along which and the manner in which the [conventional arms] controlled items in question must be transferred or destroyed domestically, exported, re-exported, marketed, imported, conveyed, manufactured [or], traded or rendered; and may prescribe such other conditions as the Committee determines.'
''(5) An application for a permit for the re-exportation of [conventional arms] controlled items must be accompanied by a notiï¬cation issued by the government of the country from which such [conventional arms] controlled items were originally imported, indicating that government's consent that such [conventional arms] items may be so re-exported.'
''(5A) Any person who applies for a permit contemplated in this section, must give an undertaking to the Committee in the prescribed form and manner that the re-exportation of controlled items does not violate end-user requirements set by any foreign supplier.''.
Amendment of section 15 of Act 41 of 2002 9.
avoid the export of [conventional arms] controlled items that may be used for purposes other than the legitimate defence and security needs of the government of the country of import.''.
Substitution of section 16 of Act 41 of 2002 10.
the [arms] controlled items in question have been expended during demonstration, the Committee must obtain a certiï¬cate from the government of the country of import verifying that fact.''.
Substitution of section 17 of Act 41 of 2002 11.
containing the authorisation to issue the certiï¬cate in question; and containing such other matters as may be prescribed.
reï¬ect the country, type and description of controlled items involved, the total value per type exported to the country for the year; and reï¬ect the quantity of controlled items involved, except if disclosure is prohibited in terms of a conï¬dentiality clause in the contract of sale.
In the case of information contemplated in subsection (3)(b)(ii), the Committee must submit such information to Parliament on a conï¬dential basis.
Information concerning the technical speciï¬cations of controlled items may be omitted from a report contemplated in this section in order to protect military and commercial secrets.
as required in terms of the Promotion of Access to Information Act, 2000 (Act No.
to a person who needs the information for performance of official functions; or to execute the decisions of the Committee.
import; or conveyance.''.
used in developing or manufacturing weapons of mass destruction or for related purposes.
The Committee may on such terms and conditions as may be 10 prescribed exempt any exporter from compliance with subsection (1).
Republic, the competent authority of the South African Government may issue an end-user certiï¬cate wherein an undertaking is given that the controlled items in question will not be transferred, re-sold or re-exported 15 to any other country without the prior approval of the relevant authority of the exporting country.''.
Amendment of section 19 of Act 41 of 2002 12.
[conventional arms] controlled items is being conducted in contravention of this Act; and''.
Amendment of section 22 of Act 41 of 2002 13.
Substitution of section 23 of Act 41 of 2002 14.
report to Cabinet and Parliament on all transfers of controlled items concluded during the preceding quarter.
A copy of the report contemplated in subsection (1)(a) must be tabled 45 in Parliament before it is submitted to the United Nations.
(a) The Committee must at the end of the ï¬rst quarter of each year present to Parliament an annual report on all transfers of controlled items concluded during the preceding calendar year.
Substitution of section 24 of Act 41 of 2002 15.
''(3) A court convicting any person of an offence referred to in subsection (1)(a) [, (b)] or (c) may, in addition to any other penalty which it may impose, order seizure of any goods, or any other article, or any material or substance in respect of which such offence was committed[, and the goods, article, material or substance so seized, must be disposed of as the Secretary either generally or in any particular case may order].''.
Insertion of section 24A in Act 41 of 2002 16.
who is alleged to have committed an offence contemplated in section 24(1)(b) to (j);or who fails to keep the prescribed records, minutes, registers and ï¬nancial statements as required by the regulations.
An administrative ï¬ne imposed under subsection (1) may not exceed 10 per cent of the offender's annual turnover in the Republic and its exports from the Republic during the offender's preceding ï¬nancial year.
the degree to which the offender has co-operated with the Committee; and whether the offender has previously contravened this Act.
Where the Committee is considering the imposition of an administrative ï¬ne it must cause to be delivered by hand to the offender an infringement notice which must contain the particulars of the offences contemplated in subsection (1).
specify the amount of the administrative ï¬ne the Committee intends to impose; and inform the offender that he or she is entitled to elect to be tried in court instead of paying the administrative ï¬ne.
The imposition of an administrative ï¬ne is subject to compliance with the rules relating to a fair administrative action.
If an offender elects to be tried in court the Committee must hand the matter over to the National Prosecuting Authority and inform the offender accordingly.
If an offender fails to comply with the requirements of a notice contemplated in subsection (4), the Committee may ï¬le with the clerk or registrar of any competent court a statement setting forth the alleged offence and the amount of the administrative ï¬ne payable by the offender.
Any such statement has the effect of a civil judgment lawfully given by the court in favour of the Committee for a liquid debt to the amount speciï¬ed in the statement.
The Committee may not impose an administrative ï¬ne contemplated in this section if the person concerned has been charged with a criminal offence in respect of the same set of facts.
No prosecution may be instituted against a person if the person concerned has paid an administrative ï¬ne in terms of this section in respect of the same set of facts.
An administrative ï¬ne imposed in terms of this section does not constitute a previous conviction as contemplated in Chapter 27 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
A ï¬ne payable in terms of this section must be paid into the National Revenue Fund referred to in section 213 of the Constitution.''.
Insertion of sections 25A and 25B in Act 41 of 2002 17.
25A. (1) The Chairperson and one member of the Committee may, in cases of an emergency or special operations and at the request of the National Commissioner of the South African Police Service or Chief of the South African National Defence Force, grant an exemption to the South African Police Service or South African National Defence Force from the provisions of this Act relating to the export and import of controlled items.
lodged with the secretariat; and accompanied by a comprehensive list of controlled items sought to be imported or exported and the name of the country from which the controlled items are being imported or to which they are exported.
Any exemption granted under subsection (1) must be tabled before the Committee for ratiï¬cation at the next ensuing meeting of the Committee.
Internal Compliance Programme.
internal compliance procedures and methods to be followed; and standards to be maintained in the execution of certain activities relating to trade in and possession of controlled items.
In order to encourage good practices, the Minister may, in concurrence with the Committee, prescribe a grading system and terms of grading in terms of which persons may be graded in accordance with their history of compliance with the Industry Internal Compliance Programme.''.
Substitution of section 27 of Act 41 of 2002 18.
the procedure to be followed in connection with requests for reasons for decisions by a competent authority; and any other matter which it may be necessary or expedient to prescribe in order to achieve the objects of this Act or which may or must be prescribed in terms of this Act.
[(3)] (2) A regulation may prescribe a penalty of a ï¬ne or of imprisonment for a period not exceeding ï¬ve years, or both a ï¬ne and such imprisonment, for any contravention thereof or any failure to comply therewith.
[(4) Any regulation which is likely to result in state expenditure must be made with the concurrence of the Minister of Finance.
The Committee may, by notice in the Gazette, publish a list of prohibited items, which items may not be manufactured, possessed or transferred under this Act.''.
Amendment of long title of Act 41 of 2002 19.
''To establish the National Conventional Arms Control Committee; to ensure compliance with the policy of the Government in respect of arms control; to ensure the implementation of a legitimate, effective and transparent control process; to foster national and international conï¬dence in the control procedures; to provide for an Inspectorate to ensure compliance with the provisions of this Act; to provide for guidelines and criteria to be used when assessing applications for permits made in terms of this Act; to ensure adherence to international treaties and agreements; to ensure proper accountability in the trade in [conventional arms] controlled items; to provide for matters connected with the work and conduct of the Committee and its secretariat; and to provide for matters connected therewith.''.
This Act is called the National Conventional Arms Control Amendment Act, 2008, and takes effect on a date determined by the President by proclamation in the Gazette.
<fn>GOV-ZA.32127426En.2012-02-10.en.txt</fn>
No. 9 of 2009: Money Bills Amendment Procedure and Related Matters Act, 2009.
<fn>GOV-ZA.32147433En.2012-02-10.en.txt</fn>
Vol. 526 Cape Town 21 April No.
No. 11 of 2009: Reform of Customary Law of Succession and Regulation of Related Matters Act , 2009.
a woman referred to in section 2(2)(b) or (c); ''house'' means the family, property, rights and status which arise out of the customary marriage of a woman; ''Intestate Succession Act'' means the Intestate Succession Act, 1987 (Act No. 81 of 1987); ''spouse'' includes a partner in a customary marriage that is recognised in terms of section 2 of the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998); ''traditional leader'' means a traditional leader as deï¬ned in section 1 of the Traditional Leadership and Governance Framework Act, 2004 (Act No. 41 of 2004); ''this Act'' includes any regulation made under section 5; and ''will'' means a will to which the provisions of the Wills Act, 1953 (Act No. 7 of 1953), apply.
The estate or part of the estate of any person who is subject to customary law who dies after the commencement of this Act and whose estate does not devolve in terms of that person's will, must devolve in accordance with the law of intestate succession as regulated by the Intestate Succession Act, subject to subsection (2).
if the deceased was a woman who was married to another woman under customary law for the purpose of providing children for the deceased's house, that other woman must, if she survives the deceased, be regarded as a descendant of the deceased.
For the purposes of this Act, any reference in section 1 of the Intestate Succession Act to a spouse who survived the deceased must be construed as including every spouse and every woman referred to in paragraphs (a), (b) and (c) of section 2(2).
''(iii) where the intestate estate is not sufficient to provide each surviving spouse and woman referred to in paragraphs (a), (b) and (c) of section 2(2) of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2008, with the amount ï¬xed by the Minister, the estate shall be divided equally between such spouses;''.
''(f) a child's portion, in relation to the intestate estate of the deceased, shall be calculated by dividing the monetary value of the estate by a number equal to the number of children of the deceased who have either survived the deceased or have died before the deceased but are survived by their descendants, plus the number of spouses and women referred to in paragraphs (a), (b) and (c) of section 2(2) of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2008.''.
Property allotted or accruing to a woman or her house under customary law by virtue of her customary marriage may be disposed of in terms of a will of such a woman.
born to a woman to whom the ï¬rst-mentioned woman was married under customary law for the purpose of providing children for the ï¬rst-mentioned woman's house.
Nothing in this section is to be construed as preventing any person subject to customary law, other than the woman referred to in subsection (1), from disposing assets in terms of a will.
the devolution of family property involved in such estate, the Master of the High Court having jurisdiction under the Administration of Estates Act, 1965 (Act No. 66 of 1965), may, subject to subsection (2), make such a determination as may be just and equitable in order to resolve the dispute or remove the uncertainty.
Before making a determination under subsection (1), the Master may direct that an inquiry into the matter be held by a magistrate or a traditional leader in the area in which the Master has jurisdiction.
After the inquiry referred to in subsection (2), the magistrate or a traditional leader, as the case may be, must make a recommendation to the Master who directed that an inquiry be held.
The Master, in making a determination, or the magistrate or a traditional leader, as the case may be, in making a recommendation referred to in this section, must have due regard to the best interests of the deceased's family members and the equality of spouses in customary and civil marriages.
The Cabinet member responsible for the administration of justice may make regulations regarding any aspect of the inquiry referred to in this section.
Nothing in this Act is to be construed as amending any rule of customary law which regulates the disposal of the property which a traditional leader who has died held in his or her official capacity on behalf of a traditional community referred to in the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003).
A marriage under the Marriage Act, 1961 (Act No. 25 of 1961), does not affect the proprietary rights of any spouse of a customary marriage or any issue thereof if the marriage under the Marriage Act, 1961, was entered into- (a) on or after 1 January 1929 (the date of commencement of sections 22 and 23 of the Black Administration Act, 1927 (Act No. 38 of 1927)), but before 2 December 1988 (the date of commencement of the Marriage and Matrimonial Property Law Amendment Act, 1988 (Act No. 3 of 1988)); and (b) during the subsistence of any customary marriage between the husband and any woman other than the spouse of the marriage under the Marriage Act, 1961 (Act No. 25 of 1961). (2) The widow of the marriage under the Marriage Act, 1961, referred to in subsection (1), and the issue thereof have no greater rights in respect of the estate of the deceased spouse than she or they would have had if the marriage under the Marriage Act, 1961, had been a customary marriage.
The laws mentioned in the Schedule are hereby amended to the extent indicated in the third column of that Schedule.
This Act is called the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009, and comes into operation on a date ï¬xed by the President by proclamation in the Gazette.
Act 66 of 1965 Administration of Estates Act, 1965 1. The amendment of section 4- (a) by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: ''In respect of the estate of a deceased person [which is not governed by the principles of customary law],orofany portion thereof, jurisdiction shall lie-''; and (b) by the deletion of subsection (1A). 2. The amendment of section 7 by the substitution in subsection (1) for paragraph (a) of the following paragraph: ''(a) the surviving spouse of such person or more than one surviving spouse jointly, or if there is no surviving spouse, his or her nearest relative or connection residing in the district in which the death has taken place, shall within fourteen days thereafter give a notice of death substantially in the prescribed form, or cause such a notice to be given to the Master; and''. 3. The amendment of section 9 by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: ''(1) If any person dies within the Republic or if any person ordinarily resident in the Republic at the time of his or her death dies outside the Republic leaving any property therein, the surviving spouse of such person or more than one surviving spouse jointly, or if there is no surviving spouse, his or her nearest relative or connection residing in the district in which such person was ordinarily resident at the time of his or her death, shall, within fourteen days after the death or within such further period as the Master may allow-''.
Act 81 of 1987 Intestate Succession Act, 1987 1. The amendment of section 1- (a) by the substitution for subsection (2) of the following subsection: ''(2) Notwithstanding the provisions of any law or the common or customary law, but subject to the provisions of this Act and [section 5(2) of the Children's Status Act, 1987, illegitimacy] sections 40(3) and 297(1)(f) of the Children's Act, 2005 (Act No. 38 of 2005), having been born out of wedlock shall not affect the capacity of one blood relation to inherit the intestate estate of another blood relation.'
by the substitution in subsection (4) for paragraph (b) of the following paragraph: ''(b) 'intestate estate' includes any part of an estate which does not devolve by virtue of a will [or in respect of which section 23 of the Black Administration Act, 1927 (Act No. 38 of 1927), does not apply];'' and (c) by the insertion in subsection (4), after paragraph (e), of the following paragraph: ''(eA) A person referred to in paragraph (a) of the deï¬nition of 'descendant' contained in section 1 of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009, shall be deemed- (i) to be a descendant of the deceased person referred to in that paragraph; (ii) not to be a descendant of his or her natural parent or parents, except in the case of a natural parent who is also the parent who accepted that person in accordance with customary law as his or her own child, as envisaged in the said deï¬nition, or was, at the time when the child was accepted, married to the parent who so accepted the child; and''; and (d) by the insertion after subsection (5) of the following subsection: ''(5A) If a person referred to in paragraph (a) of the deï¬nition of 'descendant' contained in section 1 of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009, is deemed to be a descendant of the deceased person referred to in that paragraph, or is deemed not to be a descendant of his or her natural parent, the deceased person shall be deemed to be an ancestor of the person referred to in that paragraph, or shall be deemed not to be an ancestor of that person, as the case may be.'
Act 27 of 1990 Maintenance of Surviving Spouses Act, 1990 1. The amendment of section 1 by the substitution for the deï¬nition of ''survivor'' of the following deï¬nition: '' 'survivor' means the surviving spouse in a marriage dissolved by death, and includes a spouse of a customary marriage which was dissolved by a civil marriage contracted by her husband in the customary marriage to another woman on or after 1 January 1929 (the date of commencement of sections 22 and 23 of the Black Administration Act, 1927 (Act No. 38 of 1927)), but before 2 December 1988 (the date of commencement of the Marriage and Matrimonial Property Law Amendment Act, 1988 (Act No. 3 of 1988));''.
<fn>GOV-ZA.32148434En.2012-02-10.en.txt</fn>
No. 72 of 2008: Medicines and Related Substances Amendment Act, 2008.
AIDS HELPLINE: 0800-123-22 Prevention is the cure by the insertion after the deï¬nition of ''certiï¬cate of registration'' of the following deï¬nition: '' 'cosmetic' means a cosmetic as deï¬ned in terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No.
by the insertion after the deï¬nition of ''export'' of the following deï¬nition: '' 'foodstuff' means a foodstuff as deï¬ned in the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No.
by the deletion of the deï¬nition of ''registrar''.
Substitution for section 2 of Act 101 of 1965, as substituted by section 2 of Act 65 of 1974 and amended by section 2 of Act 90 of 1997 2.
The South African Health Products Regulatory Authority is hereby established as an organ of state but outside the public service.
subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999); and accountable to and reports to the Minister.
The Authority may exercise the powers and shall perform the functions conferred upon or assigned to it by this Act.
In performing its functions, the Authority shall act without fear, favour or prejudice.''.
Substitution of section 3 of 101 of 1965, as substituted by section 3 of Act 90 of 1997 3.
Executive Officer of the Authority.
has been convicted of an offence committed after the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993) took effect and sentenced to imprisonment without the option of a ï¬ne.
permanent incapacity; or engaging in any activity that is reasonably capable of undermining the integrity of the Authority.
must appoint and supervise staff of the Authority; and must compile business and ï¬nancial plans and reports in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999).
The Chief Executive Officer shall appoint suitably qualiï¬ed staff and may contract other suitably qualiï¬ed persons to assist the Authority in carrying out its functions.
The Minister shall, after consultation with the Minister for Public Service and Administration, determine the structure and the human resources policy for the Authority.
The human resources policy shall include a code of conduct and provisions on conï¬ict of interests applicable to the Chief Executive Officer and the staff of the Authority.
The Authority may utilise persons seconded or transferred from the public service, and such transfer must be in accordance with the Labour Relations Act, 1995 (Act No. 66 of 1995).
The Chief Executive Officer and the staff of the Authority become members of the Government Employees' Pension Fund contemplated in section 2 of the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996).
The Chief Executive Officer shall appoint committees, as he or she may deem necessary, to investigate and report to the Authority on any matter within its purview in terms of this Act.''.
Substitution of section 4 of Act 101 of 1965 4.
The Minister shall establish an advisory committee to advise or act as a consultative body for the Minister and the Authority on matters concerning corporate governance of the Authority.
The advisory committee contemplated in subsection (1) shall consist of not more than 5 persons who shall be appointed from persons outside the Authority.
The Minister shall appoint a chairperson for the advisory committee from among the members after having consulted the members.
be ï¬t and proper persons; and have appropriate expertise, skills, knowledge or experience and the ability to perform effectively as a member.
The advisory committee shall determine procedures for its meetings.
An advisory committee member who has a personal or ï¬nancial interest in any matter on which the advisory committee gives advice shall disclose that interest and where the advisory committee deems it necessary withdraw from the discussions.
The Authority shall remunerate a member mentioned above and compensate the member for expenses, as determined by the Minister after consultation with the Minister of Finance.
The advisory committee or its members shall not interfere with the powers assigned to the Chief Executive Officer or the Authority in terms of this Act in so far as those powers relate to the safety, efficacy and quality of products, medical devices or IVDs.''.
Repeal of sections 5, 6, 7, 8, 9 and 12 of Act 101 of 1965 5. Sections 5, 6, 7, 8, 9 and 12 of the principal Act are hereby repealed.
the registration of products, medical devices or IVDs by the Authority; and such particulars in regard to the products, medical devices or IVDs and the holder of certiï¬cate of registration in respect of such products, medical devices or IVDs as are required by this Act.''.
Save as provided in this section or sections 21 and 22A, no person shall sell any [medicine] product, medical device or IVD which is subject to registration by virtue of a [resolution] declaration published in terms of subsection (2) unless it is registered.
The [council] Authority may from time to time [by resolution approved by the Minister,] determine that a [medicine] product, medical device or IVD, or class or category of [medicines] product, medical device or IVD or part of any class or category of [medicines] product, medical devices or IVDs mentioned in the [resolution] declaration, shall be subject to registration in terms of this Act.
Any such [resolution] declaration may also relate only to [medicines,] products, medical devices or IVDs which were available for sale in the Republic immediately prior to the date on which it comes into operation in terms of paragraph (c) or only to [medicines] products, medical devices or IVDs which were not then so available.
Any such [resolution] declaration shall be published in the Gazette by the [registrar] Chief Executive Officer and shall come into operation on the date on which it is so published.
if no application for the registration of such [medicine] product, medical device or IVD is made within the period of six months immediately succeeding that date, on the expiration of that period; or if application for the registration of such [medicine] product, medical device or IVD is made within the said period, on the date one month after the date on which a notice in respect of such [medicine] product, medical device or IVD is published in the Gazette in terms of section 15(10) 15(9) or section 17(a).
compounded in the course of carrying on his or her professional activities by a pharmacist, veterinarian or person who is the holder of a licence contemplated in section 22C(1)(a), for a particular patient in a quantity not greater than the quantity required for treatment as determined by the medical practitioner, pharmacist, practitioner or veterinarian; or compounded by a pharmacist in a quantity not greater than that prescribed by regulation for sale in the retail trade, subject to the conditions likewise prescribed or in a quantity for a particular person or animal as prescribed by a medical practitioner or a dentist or a veterinarian or a practitioner or a nurse or other person registered under the Health Professions Act, 1974, and referred to in section 22A, as the case may be, if such medicine does not contain any component the sale of which is prohibited by this Act or any component in respect of which an application for registration has been rejected, and is not or has not been advertised: Provided that the active components of such medicine appear in another medicine which has been registered under this Act.''.
where practicable, samples of medical devices or IVDs; and the prescribed registration fee.
As soon as possible after receipt by the Chief Executive Officer of an application contemplated in subsection (1), he or she shall inform the applicant in writing that the application is being considered.
is safe and of good quality; and in the case of products, also efficacious, the Authority shall issue the applicant with a certiï¬cate of registration to that effect.
If the Authority is not satisï¬ed as contemplated in paragraph (a),it shall cause the applicant to be notiï¬ed in writing of the reasons why it is not so satisï¬ed and cause the applicant to be informed that he or she may within a period of 30 days after the date of the notiï¬cation furnish the Chief Executive Officer with his or her comments on the Authority's reasons for not being so satisï¬ed.
If no such comments are submitted by the applicant within the said period, or if after consideration of any comments so submitted the Authority is still not satisï¬ed as aforesaid, it shall not issue the certiï¬cate of registration.
Every product, medical device or IVD shall be registered under such name as the Authority may approve.
The Chief Executive Officer shall allocate to every product, medical device or IVD registered under this Act a registration number which shall be recorded in the register opposite the name of such product, medical device or IVD and which shall be stated in the certiï¬cate of registration issued in respect of such product, medical device or IVD.
may be made subject to such conditions as may be determined by the Authority; and shall in the case of medicines, be valid for a period of ï¬ve years.
No condition shall be imposed under subsection (6) whereby the sale of the medicine in question by any person other than a pharmacist is prohibited or until after the applicant has in writing been notiï¬ed by the Chief Executive Officer that the imposition of such condition is contemplated and invited to submit written representations to the Authority in regard to the matter.
If no such representations are lodged by the applicant concerned within a period of 30 days after the receipt by him or her of any notiï¬cation referred to in subsection (7), or if after consideration of any such representations the Authority is still of the opinion that the condition in question should be imposed, the Authority shall register the product, medical device or IVD concerned subject to the said condition.
The Chief Executive Officer shall as soon as possible after the date of expiry of the appropriate period referred to in section 14(3) publish in the Gazette the prescribed particulars in respect of all applications for registration received by him or her prior to such date.
Substitution of section 15A of Act 101 of 1965 9.
''Amendment of entries in register 15 15A. (1) The entry made in the register in respect of any product, medical device or IVD may on application by the holder of a certiï¬cate of registration issued in respect of such product, medical device or IVD be amended by the Chief Executive Officer.
An application for the amendment of an entry in the register shall be made to the Chief Executive Officer in the prescribed form and shall be accompanied by the prescribed application fee.
The Chief Executive Officer may, if necessary, cancel the existing registration in respect of such product, medical device or IVD and issue a new certiï¬cate of registration.''.
Substitution of section 15B of Act 101 of 1965 10.
15B. (1) A certiï¬cate of registration may with the approval of the Chief Executive Officer be transferred by the holder thereof to any other person.
An application for approval of the transfer of a certiï¬cate of registration shall be made to the Chief Executive Officer on the prescribed form and shall be accompanied by the certiï¬cate of registration in question and the prescribed application fee.
If the Chief Executive Officer grants any application submitted to him or her in terms of subsection (2), the Chief Executive Officer shall make the necessary entries in the register relating to the person to whom the certiï¬cate of registration is transferred, cancel the existing certiï¬cate of registration and issue a new one in the prescribed form to such person.''.
Amendment of section 15C of Act 101 of 1965 11.
''(b) prescribe the conditions on which any medicine which is identical in composition, meets the same quality standard and is intended to have the same proprietary name as that of another medicine already registered in the Republic, but which is imported by a person other than the person who is the holder of the registration certiï¬cate of the medicine already registered and which originates from any site of manufacture of the original manufacturer as approved by the [council] Authority in the prescribed manner, may be imported;''.
Substitution of section 16 of Act 101 of 1965, as amended by section 14 of Act 65 of 1974 and section 4 of Act 20 of 1981 12.
is of the opinion that a holder of a certiï¬cate of registration has failed to comply with any condition subject to which any product, medical device or IVD was registered; or is of the opinion that any product, medical device or IVD does not comply with any prescribed requirement; the Authority shall cause notice in writing to be given accordingly by the Chief Executive Officer to the holder of the certiï¬cate of registration issued in respect of that product, medical device or IVD.
Any such notice shall specify the grounds on which the Authority's opinion is based, and shall indicate that the person to whom it is directed may within one month after receipt thereof submit to the Chief Executive Officer any comments he or she may wish to put forward in connection with the matter.
If no such comments are so submitted, or if after consideration of any comments so submitted the Authority is of the opinion that the registration of the product, medical device or IVD in question should be cancelled, the Authority may cancel the registration thereof.
If the person who is the holder of the certiï¬cate of registration issued in respect of any product, medical device or IVD fails to pay the prescribed annual fee in respect of the retention of the registration of that product, medical device or IVD before or on the prescribed date or such later date as the Chief Executive Officer may determine on application by that person, the Chief Executive Officer shall cancel the registration of that product, medical device or IVD.''.
Substitution of section 17 of Act 101 of 1965, as substituted by section 5 of Act 20 of 1981 13.
in the case of a cancellation of the registration, the name under which such product, medical device or IVD was registered, the name of the holder of the certiï¬cate of registration issued in respect of such product, medical device or IVD and the number which was allocated to it in terms of section 15.''.
Substitution of section 18 of Act 101 of 1965, as substituted by section 7 of Act 17 of 1979 and amended by section 11 of Act 90 of 1997 14.
No person shall sell any [medicine or Scheduled substance] product unless the immediate container or the package in which that [medicine or Scheduled substance] product is sold bears a label stating the prescribed particulars.
No person shall advertise any [medicine or Scheduled substance] product, medical device or IVD for sale unless such advertisement complies with the prescribed requirements.
The label referred to in subsection (1) shall be approved by the [council] Authority.
The [council] Authority may authorize a deviation from the prescribed format and contents of any label.
The Minister may prescribe additional requirements for the labelling of [medicines] products, medical devices or IVDs.''.
Substitution of section 18A of Act 101 of 1965 15.
18A. (1) No person shall supply any product, medical device or IVD according to a bonus system, rebate system or any other incentive scheme.
Notwithstanding subsection (1), the Minister may prescribe acceptable and prohibited acts in relation to subsection (1).''.
Substitution of section 18B of Act 101 of 1965 16.
18B. (1) No person shall sample any product, medical devices or IVD.
Use of products, medical devices or IVDs for exhibition or appraisal purposes shall be as prescribed.
For the purposes of this section 'sample' means the free supply of products, medical devices or IVDs by a device or IVD establishment, manufacturer or wholesaler or its agent to a pharmacist, medical practitioner, dentist, veterinarian, practitioner, nurse or other person registered under the Health Professions Act, 1974 (Act No. 56 of 1974), or any professional or person authorized to use the device.''.
Substitution of section 18C of Act 101 of 1965 17.
18C. The Minister shall, after consultation with the relevant industries and other stakeholders, make regulations relating to the marketing of products, medical devices or IVDs and such regulations shall also provide for Codes of Practice for relevant industries.''.
Substitution of section 19 of Act 101 of 1965, as amended by section 17 of Act 65 of 1974 18.
No person shall sell any [medicine] product, medical device or IVD unless it complies with the prescribed requirements.
The [council] Authority may by notice in writing require any person who manufactures or sells [medicines] products, medical devices or IVDs or administers or prescribes any medicine or on whose direction any medicine is administered to furnish it, within a period stipulated in such notice, with any information which such person has in his or her possession or which such person is in a position to obtain regarding such [medicine or] product, medical device or IVD.
The [council] Authority may, if so requested by any person to whom a notice under subsection (2) is addressed, extend the period stipulated in such notice.''.
Substitution of section 20 of Act 101 of 1965, as amended by section 18 of Act 65 of 1974 19.
of section twenty-two or state or suggest that any [medicine] product, medical device or IVD should be used for a purpose or under circumstances or manner other than that stated by the [council] Authority in terms of subparagraph (iii) of paragraph (a) of that section.
It shall be a sufficient defence in any prosecution for an offence under paragraph (a) of sub-section (1) if it is proved to the satisfaction of the court that the accused, not being a person selling the [medicine] product, medical device or IVD to which the false or misleading advertisement which is the subject of the prosecution relates, did not know, and could not reasonably be expected to have known, that the advertisement was in any respect false or misleading [, unless it is proved that the accused failed on demand by the registrar or an inspector or a member of the South African Police to furnish the name and address of the person at whose instance the advertisement was published, distributed or so brought to the notice of the public].''.
Substitution of section 21 of Act 101 of 1965, as amended section 6 of Act 20 of 1981 20.
The Authority may in writing authorize any person to sell during a speciï¬ed period to any speciï¬ed person or institution a speciï¬ed quantity of any particular product, medical device or IVD which is not registered.
Any product, medical device or IVD sold in pursuance of any authority granted under subsection (1) may be used for such purposes and in such manner and during such period as the Authority may in writing determine.
The Authority may at any time by notice in writing withdraw any authority granted in terms of subsection (1) if effect is not given to any determination made in terms of subsection (2).''.
Substitution of section 22 of Act 101 of 1965, as amended by section 6 of Act 20 of 1981 21.
as soon as practicable after the registration of any [medicine] product, medical device or IVD, other than a veterinary medicine, has been cancelled in terms of section 16, medical practitioners, dentists, pharmacists, the public in general and the holder of the certiï¬cate of registration issued in respect of such [medicine] product, medical device or IVD to be informed of the cancellation of such registration.
The provisions of subsection (1) shall apply mutatis mutandis in respect of any veterinary medicine, and for the purposes of such application the reference in that subsection to medical practitioners and dentists shall be deemed to be a reference to veterinarians.
Amendment of section 22A of Act 101 of 1965, as substituted by section 13 of Act 90 of 1997 and amended by section 5 of Act 59 of 2002 22.
''(2) The Minister may, on the recommendation of the [council] Authority, prescribe the Scheduled substances referred to in this section.'
''(15) Notwithstanding anything to the contrary contained in this section, the Director-General may, after consultation with the [Interim Pharmacy Council of South Africa] South African Pharmacy Council as referred to in section 2 of the Pharmacy Act, 1974 (Act No. 53 of 1974), issue a permit to any person or organisation performing a health service, authorising such person or organisation to acquire, possess, use or supply any speciï¬ed Schedule 1, Schedule 2, Schedule 3, Schedule 4 or Schedule 5 substance, and such permit shall be subject to such conditions as the Director-General may determine.''.
Substitution of section 22B of Act 101 of 1965 23.
22B. (1) Notwithstanding the provisions of section 34 the [council] Authority may, if it deems it expedient and in the public interest, disclose information in respect of the prescribing, dispensing, administration and use of a [medicine, Scheduled substance or medical device] product, medical device or IVD.
The Director-General may publish the information referred to in section (1) or release it to the public in a manner which he or she thinks ï¬t.''.
Amendment of section 22C of Act 101 of 1965 24.
the [council] Authority may, on application in the prescribed manner and on payment of the prescribed fee, issue to a medical device or IVD establishment, manufacturer, wholesaler or distributor of a [medicine] product, medical device or IVD a licence to manufacture, act as a wholesaler of or distribute, as the case may be, such [medicine] product, medical device or IVD upon such conditions as to the application of such acceptable quality assurance principles and good manufacturing and distribution practices as the [council] Authority may determine.'
''(2) A licence referred to in subsection (1)(a) shall not be issued unless the applicant has successfully completed a supplementary course determined by the South African Pharmacy Council after consultation with the Health Professions Council of South Africa[, the Allied Health Professions Council of South Africa] and the South African Nursing Council.'
''(3) The Director-General or the [council] Authority, as the case may be, may require an applicant contemplated in subsection (1) to furnish such information, in addition to any information furnished by the applicant in terms of the said subsection, as the Director-General or the [council] Authority may deem necessary.'
''(6) No medical device or IVD establishment, manufacturer, wholesaler or distributer referred to in subsection (1)(b) shall manufacture, act as a wholesaler of or distribute, as the case may be, any [medicine] product, medical device or IVD unless he or she is the holder of a licence contemplated in the said subsection.''.
Substitution of section 22D of Act 101 of 1965 25.
22D. A licence issued under section 22C shall be valid for the prescribed period but may be renewed on application in the prescribed manner and before the prescribed time or such later time as the Director-General or the [council] Authority, as the case may be, may allow and on payment of the prescribed fee.''.
Amendment of section 22E of Act 101 of 1965 26.
by the substitution in subsection (1) for the words following paragraph (d) of the following words: ''the Director-General or the [council] Authority, as the case may be, may by way of a notice in writing call upon him or her to show cause within the period speciï¬ed in the notice, which period shall not be less than 20 days as from the date of the notice, why the licence in question should not be suspended or revoked.'
suspend the licence in question for such period [as he or she or the council] the Director-General or the Authority may determine; or revoke the license in question.''.
Amendment of section 22F of Act 101 of 1965, as amended by section 7 of Act 59 of 2002 27.
''(c) where the product has been declared not substitutable by the [council] Authority.''.
Amendment of section 22H of Act 101 of 1965 28.
''(1) (a) No wholesaler shall purchase [medicines] products from any source other than from the original manufacturer or from the primary importer of the ï¬nished product.
A wholesaler shall sell [medicines] products only into the retail sector.
Notwithstanding paragraphs (a) and (b), a wholesaler may purchase from or sell to, other wholesalers or the public Schedule 0 substances.
Subsection (1) shall not be construed as preventing the return of [medicines] products for credit purposes only, to the manufacturer or wholesaler from which that [medicine] product was initially obtained.''.
Substitution of section 23 of Act 101 of 1965, as amended by section 22 of Act 65 of 1974 29.
by notice in writing transmitted by registered post to any person direct that person; or by notice in the Gazette direct any person, to return any quantity of such [medicine] product, medical device or IVD which he or she has in his or her possession to the manufacturer thereof or (in the case of any imported [medicine] product, medical device or IVD) to the importer concerned or to deliver or send it to any other person designated by the [council] Authority.
The [council] Authority may by notice in writing direct any medical device or IVD establishment, manufacturer or importer of any such [medicine] product, medical device or IVD who has in his or her possession any quantity thereof (including any quantity returned, delivered or sent to him or her in pursuance of a direction under sub-section (1)), or any other person to whom any quantity of such [medicine] product, medical device or IVD has been so returned, delivered or sent, to deal with or dispose of that quantity in such manner as the [council] Authority may determine.
No person shall sell any [medicine] product, medical device or IVD which is the subject of a notice under subsection (1) which has not been set aside on appeal.''.
Substitution of section 24 of Act 101 of 1965, as substituted by section 15 of Act 90 of 1997 and amended by section 9 of Act 59 of 2002 30.
Any person aggrieved by the decision of the Director-General 5 may within the prescribed period and in the prescribed manner make written representations with regard to such decision to the Minister.
Insertion of section 24A to Act 101 of 1965 31.
24A. (1) Any person aggrieved by the decision of the Authority may 15 appeal against such decision by notifying the Chief Executive Officer within 30 days of becoming aware of such decision of his or her intention to appeal and setting out the full grounds of appeal.
Upon being notiï¬ed the Chief Executive Officer shall meet with the appellant within 30 days of being so notiï¬ed in the absence of legal 20 representatives to try to resolve the matter, especially if the appeal involves administrative matters.
Minister in writing to convene an appeal committee.
conduct the appeal hearing and make a decision within 30 days from the day when it ï¬rst meets to hear the appeal.
A party aggrieved by the decision of the appeal committee may approach the High Court for a judicial review.''.
Substitution of section 25 of Act 101 of 1965, as substituted by section 10 of Act 59 of 2002 32.
Substitution of section 26 of Act 101 of 1965, as substituted by section 24 of Act 65 of 1974, section 1 of Act 19 of 1976 and section 10 of Act 17 of 1979 33.
The [Director-General] Chief Executive Officer may authorize such persons as inspectors[,] as he or she may consider necessary for the proper enforcement of this Act.
Every inspector shall be furnished with a certiï¬cate signed by the [Director-General] Chief Executive Officer and stating that he or she has been authorized as an inspector under this Act.
An inspector shall, before he or she exercises or performs any power or function under this Act, produce and exhibit to any person affected [hereby] by such exercise or performance, the certiï¬cate referred to in subsection (2).''.
Substitution of section 27 of Act 101 of 1965, as substituted by section 11 of Act 17 of 1979 34.
[The Director-General] Chief Executive Officer may grant such authority to such analysts, pharmacologists, engineers, technicians and pathologists or any other appropriately qualiï¬ed person as he or she may consider necessary for the proper enforcement of this Act.''.
Amendment of section 28 of Act 101 of 1965 35.
''(d) take so many samples of any such product, medical device or IVD as he or she may consider necessary for the purpose of testing, examination or analysis in terms of the provisions of this Act.'
then be transmitted to an analyst, pharmacologist, technician or pathologist together with a certiï¬cate in the prescribed [forms] form signed by such inspector[and a].
A copy of the aforesaid certiï¬cate shall be handed or transmitted by registered post to the owner or seller of such [medicine or Scheduled substance] product, medical device or IVD or his or her agent.'
''(4) The owner of the [medicine or Scheduled substance] product, medical device or IVD from which the sample was taken may claim from the [Director-General] the Authority an amount equal to the market value thereof.''.
Amendment of section 29 of Act 101 of 1965, as amended by section 27 of Act 65 of 1974, section 12 of Act 94 of 1991 and section 17 of Act 90 of 1997 36.
''(i) sells any [medicine or Scheduled substance] product upon the container of which a false or misleading statement in connection with the contents is written; or''.
Amendment of section 30 of Act 101 of 1965, as amended by section 28 of Act 65 of 1974, section 13 of Act 94 of 1991 and section 18 of Act 90 of 1997 37.
''(2) The court convicting any person of an offence under this Act may, upon the application of the prosecutor, declare any [medicine or Scheduled substance] product, medical device or IVD in respect of which the offence has been committed to be forfeited to the State.'
''(3) Any [medicine or Scheduled substance] product, medical device or IVD forfeited under this Act shall be destroyed or otherwise dealt with as the [Director-General] Chief Executive Officer may direct.''.
Amendment of section 31 of Act 101 of 1965, as amended by section 29 of Act 65 of 1974, section 13 of Act 17 of 1979 and section 19 of Act 90 of 1997 38.
''(d) any statement or entry contained in any book, record or document kept by any owner of a [medicine product or Scheduled substance,] product, medical device or IVD or by the manager, agent or employee of such owner or found upon or in any premises occupied by, or any vehicle used in the business of, such owner, shall be admissible in evidence against him or her as an admission of the facts set forth in that statement or entry, unless [it is proved] evidence to the contrary which raises a reasonable doubt shows that that statement or entry was not made by such owner, or by any manager, agent or employee of such owner in the course of his or her work as manager, or in the course of his or her agency or employment.''.
Substitution of section 33A of Act 101 of 1965 39.
money accruing to the [council] Authority from any other source.
The [council] Authority may accept money or other goods donated or bequeathed to the [council] Authority, provided no condition is attached to such donation or bequest.
Details of any such donation or bequest shall be speciï¬ed in the relevant annual report of the [council] Authority.
The [council] Authority shall utilise its funds for the defrayal of expenses incurred by the [council] Authority in the performance of its functions under this Act.
The [council] Authority shall open an account with a bank as deï¬ned in section 1(1) of the Banks Act, 1990 (Act No. 94 of 1990), and shall deposit in that account all money referred to in subsections (1) and (2).
The [council] Authority shall keep full and proper records of all money received or expended, of its assets and liabilities and of its ï¬nancial transactions.
The records and annual ï¬nancial statements referred to in subsection shall be audited by the Auditor-General.
The [council] Authority may invest money which is deposited in terms of subsection (4) and which is not required for immediate use in any manner as it may deem ï¬t.
Any money which at the close of the [council's] Authority's ï¬nancial year stands to the credit of the [council] Authority in the account referred to in subsection (4) and money which has been invested in terms of subsection (7), shall be carried forward to the next ï¬nancial year as a credit in the account of the [council] Authority.''.
Amendment of section 34A of Act 101 of 1965, as substituted by section 15 of Act 94 of 1991 and section 22 of Act 90 of 1997 40.
''(3) The Chief Executive Officer may, in writing, authorise any staff member of the Authority to exercise or perform in general or in a particular case or in cases of a particular nature, any power, duty or function conferred or imposed on the Chief Executive Officer in terms of this Act.''.
Amendment of section 35 of Act 101 of 1965, as substituted by section 23 of Act 90 of 1997 and amended by section 12 of Act 59 of 2002 41.
''(b) any regulation in respect of which the Minister is, after consultation with the [council] Authority, of the opinion that the public interest requires it to be made without delay.'
''(5) Regulations made under subsection (1)(xi) may prescribe that any [medicine] product, medical device or IVD or any component thereof shall comply with the requirements set out in any publication which in the opinion of the [council] Authority is generally recognised as authoritative.'
''(6) Regulations may be made under this section in respect of particular products, medical devices or IVDs or classes or categories in respect thereof other than particular classes or categories of products, medical devices or IVDs, and different regulations may be so made in respect of different products, medical devices or IVDs or different classes or categories of products, medical devices or IVDs.'
''(8) Notwithstanding the provisions of subsection (1), the Minister may, if he or she deems it to be in the public interest, after consultation with the [executive committee appointed under section 9,] Authority, make regulations relating to any matter referred to in subsection (1) or amend or repeal any regulation made in terms of that subsection.''.
The Minister may, on the recommendation of the Authority, by notice in the Gazette exclude, subject to such conditions as he or she may determine, any product, medical device or IVD from the operation of any or all of the provisions of this Act, and may in like manner amend or withdraw any such notice.
Notwithstanding subsection (1), the exclusion of any product from the operation of section 22G shall be on the recommendation of the Pricing Committee.''.
Substitution of section 37A of Act 101 of 1965, as substituted by section 25 of Act 90 of 1997 43.
37A. Notwithstanding the provisions of section 35(2), the Minister may, on the recommendation of the [council] Authority, from time to time by notice in the Gazette amend any Schedule prescribed under section 22A(2) by the inclusion therein or the deletion therefrom of any medicine or other substance, or in any other manner.''.
Medicines and medical devices that are registered at the date of commencement of this Act shall be deemed to be registered in terms of the principal Act, and the Chief Executive Officer shall enter them in the relevant register.
The Medicines Control Council shall cease to exist the day before this Act is brought into operation.
Anything done by the Council which could have been done by the Authority in terms of this Act shall be deemed to have been done by the Authority.
This Act is called the Medicines and Related Substances Amendment Act, 2008, and comes into operation on a date ï¬xed by the President by proclamation in the Gazette.
<fn>GOV-ZA.32149435En.2012-02-10.en.txt</fn>
Vol. 526 Cape Town 21 April 2009 No.
No. 7 of 2009: Western Cape Inherited Debt Relief Act, 2009.
Amendment of section 3 of Act 35 of 2000 3. Section 3 of the Finance Act, 2000, is hereby amended by the substitution for the words preceding paragraph (a) of the following words: ''The unauthorized expenditure of [R4 139 465 912,82] R3 959 123 269,76 referred to in Schedule 3 which-''.
Amendment of Schedule 3 to Act 35 of 2000 4. Schedule 3 to the Finance Act, 2000, is hereby amended by- (a) the deletion of the entries and amounts set out in Schedule 2 to this Act; and (b) the substitution of the total indicated at the bottom of the ï¬rst column of Schedule 3, as follows: ''[R4 139 165 912.82] R3 959 123 269.76.''.
This Act is called the Western Cape Inherited Debt Relief Act, 2009.
Former Cape Provincial Administration 799 366 196.
Former House of Representatives 112 724 302.
Amount Unauthorised R Resolution Reference Financial Year RP/PR No.
<fn>GOV-ZA.32150436En.2012-02-10.en.txt</fn>
The MEC may, in consultation with the relevant provincial departments, develop an integrated provincial strategy for community based services.
The MEC may, in consultation with the members of the Executive Council responsible for Health, Education, Sports and Recreation, Safety and Security and Local Government in the province in question and from moneys appropriated by the provincial legislature for that purpose, fund community based services for the province.
Community based services rendered by non-governmental organisations may qualify for funding from money appropriated by the provincial legislature if they comply with the registration requirements contemplated in subsection (2).
The community based strategy must target children and youth whether in and out of school, people with disabilities, older persons, families and communities in both rural and urban areas.
Community structures must be involved and participate in the rendering of community based services.
be managed and maintained in accordance with this Act; and comply with the prescribed norms and standards contemplated in section 6(1) and such other requirements as may be prescribed.
No person may provide community-based services unless the services are registered in terms of this section.
A person who renders a community-based service that has not been registered in terms of this section is guilty of an offence and liable on conviction to a ï¬ne or to imprisonment for a period not exceeding 12 months or to both a ï¬ne and such imprisonment.
there is proper and effective management of services; and appropriate complaints mechanisms and procedures are in place.
All mental health practitioners must be registered with the appropriate statutory body responsible for the relevant profession.
The Minister may, in consultation with the MEC and after giving three months notice and providing reasons for his or her decision, disestablish a public treatment centre.
A service user is admitted to a public treatment centre for the purposes of receiving or undergoing treatment and rehabilitation, including skills development.
No person may establish or manage any treatment centre maintained for the treatment, rehabilitation and skills development of service users or in which such persons receive mainly physical, psychological, spiritual or social treatment unless such treatment centre is registered in terms of this section.
The Director-General may grant a conditional registration on such conditions as he or she may deem ï¬t for a maximum period of 12 months and must specify those conditions to the applicant in the prescribed manner.
The conditional registration contemplated in subsection (4) may only be extended for a maximum period of 12 months under the same conditions.
The Director-General may at any time after three months' notice of his or her intention to do so, and after consideration of any representation received by him or her during such months, amend or cancel a registration certiï¬cate issued in terms of subsection (3) or (4).
A registration certiï¬cate granted by the Director-General is valid for a period of ï¬ve years, and is renewable every ï¬ve years on application by the owner or manager of a treatment centre six months prior to the expiry date.
The Director-General may refuse an application for registration in terms of subsection (2) or (7) if, after consideration of such application, he or she is not satisï¬ed that such treatment centre is or will be managed or conducted in the manner contemplated in subsection (3).
If an application for a registration certiï¬cate is refused or if such certiï¬cate is cancelled, the owner or manager concerned must take reasonable steps to ensure that all service users admitted in the treatment centre concerned are admitted in another registered facility or with persons who, in the opinion of a social worker, are ï¬t and proper persons for accommodating such service users.
The amendment or cancellation of a registration certiï¬cate contemplated in this section must be effected by notice in writing addressed to the holder thereof and comes into operation on a date speciï¬ed in the notice, which date may not be earlier than three months after the date of the notice, unless the Director-General and the holder of the registration certiï¬cate have agreed otherwise.
No person may establish or manage a private halfway house unless such halfway house has been issued with a registration certiï¬cate contemplated in subsection (3).
The conditional registration contemplated in subsection (4) may be extended for a maximum period of 12 months under the same conditions.
The Director-General may at any time after three months' notice of his or her intention to do so, and after consideration of any representation received by him or her during such period, amend or cancel a registration certiï¬cate issued in terms of subsection (3) or (4).
The amendment or cancellation of a registration certiï¬cate contemplated in this section must be effected by notice in writing to the holder thereof and comes into operation on a date speciï¬ed in the notice, which date may not be earlier than three months after the date of the notice, unless the Director-General and the holder of the registration certiï¬cate have agreed otherwise.
The Director-General must refuse the application in terms of subsection (2) if, after consideration of such application, he or she is not satisï¬ed that such private halfway house is or will be managed or conducted in the manner contemplated in subsection (3).
A registration certiï¬cate issued under subsection (3) or (4) is not transferable.
The holder of a registration certiï¬cate issued under subsection (3) or (4) may, after three months written notice, surrender such registration certiï¬cate to the Director-General.
The manager of a treatment centre or halfway house must report to the Director-General any circumstance which may result in his or her inability to comply with any condition contemplated in section 19(4) or 21(4).
hand over to the Department all assets bought with government funds where appropriate.
Any person who fails to comply with subsection (1) is guilty of an offence and liable on conviction to a ï¬ne or to imprisonment for a period not exceeding 12 months or to both a ï¬ne and such imprisonment.
A person convicted of an offence contemplated in this section, may not manage or operate a treatment centre or halfway house.
treatment centre or halfway house is managed in a way that constitutes a danger or threat to the service users admitted in such a centre or house.
After conclusion of the assessment and monitoring, the team must compile a report of its ï¬ndings and recommendations to the Director-General.
the treatment centre or halfway house has failed to comply with the minimum norms and standards and the prescribed requirements, take steps to ensure compliance with minimum norms and standards, or amend or cancel a registration certiï¬cate contemplated in sections 19(6) and 21(6).
Notwithstanding subsection (6) the Director-General may, upon receipt of a report contemplated in subsection (5) and if he has reason to believe that there is imminent danger to the health and safety of any service user or person engaged in the services or the treatment centre or halfway house, apply to the court for immediate closure of the treatment centre or halfway house.
Upon cancellation of a registration certiï¬cate or closure of the treatment centre or halfway house, the Director-General must ensure that service users in such treatment centre or halfway house are transferred to another treatment centre or halfway house.
fails to produce any relevant document or record required by the monitoring and assessment team for the investigation, is guilty of an offence and liable on conviction to a ï¬ne or to imprisonment for a period not exceeding 12 months or to both a ï¬ne and such imprisonment.
a suitably qualiï¬ed person, as prescribed, as a manager of a public treatment centre or halfway house; and such staff as may be required for the proper management and control of a public treatment centre and public halfway house.
A social worker, medical practitioner, psychiatrist, psychologist or nurse contemplated in paragraph (a) may be attached to the public treatment centre or public halfway house in question or may be assigned to such treatment centre or halfway house by the Director-General.
Any person who is aggrieved by any decision of the Director-General contemplated in sections 17, 19, 21, or 23(6) may appeal to the Minister in the prescribed manner.
the next of kin; and the parent or guardian of the child.
The police official must, upon receipt of the report in terms of subsection (2), cause an investigation into the circumstances surrounding the death of the service user or any persons affected by substance abuse to be conducted by the South African Police Service.
programmes for adults and children who have been diverted from the criminal justice system; and holistic treatment services, including family programmes, treatment services, therapeutic intervention, aftercare and reintegration.
Section 148 of the Children's Act applies in relation to court ordered early intervention programmes for children.
Section 167 of the Children's Act applies with the necessary changes required by context in respect of children placed in alternative care for substance abuse related offences.
The Minister must, in consultation with the ministers and organs of state referred to in section 8(1), prescribe integrated aftercare and reintegration services aimed at the successful reintegration of a service user into society, the workforce and family and community life.
Service users and persons affected by substance abuse may, as prescribed, establish support groups that focus on integrated ongoing support to service users in their recovery.
Support groups may be established at community level by a professional, non-governmental organisation or a group of service users or persons affected by substances abuse.
A person who submits himself or herself voluntarily to a treatment centre for treatment, skills development and rehabilitation is entitled to appropriate treatment, rehabilitation and skills development services.
The Director-General of the Department of Health must provide detoxiï¬cation services and health care requirements to voluntary service users at a public health establishment.
A treatment centre may provide detoxiï¬cation services to voluntary service users provided such treatment centre complies with the National Health Act.
An application contemplated in subsection (1) must be accompanied by a report from a social worker regarding the applicant's social circumstances, including any medical or psychiatric report that the manager of the treatment centre may consider necessary.
If a social worker is not available at the time of admission, such report must be submitted within seven days after admission to the treatment centre.
commits a criminal act to sustain his or her dependence on substances.
Notwithstanding subsection (2), a magistrate of the relevant court may, at the request of the public prosecutor, issue a warrant directing that a service user contemplated in subsection (1) be apprehended and be brought before the magistrate.
A public prosecutor may request a clerk of the court to issue a summons in respect of any person or request a magistrate to issue a warrant for the apprehension, only after he or she has obtained a report from a social worker regarding the social circumstances of the person concerned and any other matter that the prosecutor may consider relevant.
arrest, detention and searching; and the manner in which persons summoned to appear may be dealt with on failure to appear or to remain in attendance as required, apply with the changes required by the context in respect of warrants for the apprehension and summonses issued under this section.
Section 152 of the Children's Act applies with the changes required by the context in respect of the admission and transfer of a child to a treatment centre.
Subject to this section, a magistrate before whom any person is brought in terms of section 33(2) or (3) must, in the presence of that person, enquire whether he or she is a person contemplated in section 33(1).
may give evidence in person or through his or her legal representative; and may show cause why an order must not be made in terms of subsection (7).
No person whose presence is not necessary may be present at an enquiry, except with the consent of the magistrate.
Section 159(1) of the Criminal Procedure Act, in so far as it relates to the holding of a criminal trial in the absence of an accused person, applies with the changes required by the context in respect of an enquiry held in terms of this section.
Section 108 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), applies with the changes required by the context in respect of proceedings in connection with an enquiry held in terms of this section as if such proceedings are those of a court contemplated in section 108 of the said Act.
Any person who at such an enquiry gives false evidence knowing it to be false or not knowing or believing it to be true, is guilty of an offence and liable on conviction to the penalties prescribed by law for perjury.
The contents of any report submitted or furnished in terms of subsection (5) must be disclosed to the person concerned, and such person or his or her legal representative must be given an opportunity, if he or she so desires, to cross-examine the person by whom the report was made in relation to any aspect thereof and may refute any allegation contained therein.
An order made in terms of subsection (7) does not preclude the reporting of a criminal offence, if any, by the victim of such an offence to the police official.
Estimation of age of person the age of a person is a relevant fact of which no or insufficient evidence is available, the presiding officer in legal proceedings or a medical practitioner in other proceedings may estimate the age of that person by his or her appearance or from any information which is available, and the age so estimated is, for the purposes of this Act, deemed to be the true age of that person; and it is proved after the conclusion of those proceedings that the age so estimated is not the true age of that person, the error may not, if it was made in good faith, affect any decision given or order made in the course of those proceedings.
undergoes any prescribed treatment.
The Magistrate may order that the Director-General, after consideration of a report by a social worker, discharge any person in respect of whom the making of an order has been postponed in terms of this section unconditionally.
Where the making of an order has been postponed for a period of less than three years, the Director-General may, after consideration of a report by a social worker, at any time before the expiry of such period make an order extending the period of postponement for such further period, not exceeding the difference between three years and the period for which the making of the order has been postponed, as he or she may deem ï¬t.
he or she has not yet been discharged from treatment centre concerned; and been so discharged, give further reasons as to why he or she must not be discharged.
one private treatment centre to another private treatment centre, if the involuntary service user concerned is likely to beneï¬t from the treatment or skills development provided at the public or private treatment centre to which he or she is to be transferred.
No person transferred to a public treatment centre in terms of section 44 may be transferred to a private treatment centre in terms of this section.
such person is likely to beneï¬t from the particular kind of treatment and skills development provided in the public treatment centre.
The manager may vary the conditions of such release after giving notice thereof to such service user.
An involuntary service user recalled to a treatment centre and who fails to return on the return date, must be regarded as having absconded and may be apprehended in terms of section 52(2).
An involuntary service user apprehended in terms of section 52(2) must be admitted in custody until he or she can be returned to the treatment centre in question.
A service user recalled to a treatment centre in terms of subsection (1) or (2) and who has returned to such centre must be admitted to that centre until he or she is released or discharged in terms of this Act.
Any person who is not a South African citizen or a permanent resident may, subject to section 17 of the Immigration Act, apply for admission at a treatment centre for treatment, rehabilitation and skills development for substance abuse.
CHAPTER 9 51.
return its record with instructions to the manager or designated person concerned.
An involuntary service user who has absconded from a health establishment or treatment centre may be apprehended by a police official and must as soon as possible be brought before the magistrate of the district in which he or she was apprehended.
transferred to another treatment centre or health establishment.
The magistrate must notify the Director-General of the result of the enquiry and of the order made in terms of this subsection.
Section 40(4) applies with the changes required by the context in respect of any person placed in custody in a place referred to in section 36(1) or in pursuance of an order made under subsection (7)(a)(ii).
Section 170 of the Children's Act applies with the changes required by the context in respect of a child absconding from alternative care or child and youth care centre.
There is hereby established a body known as the Central Drug Authority, which may exercise the powers and must perform the duties conferred or imposed on it by or in terms of this Act.
A member of the Central Drug Authority, except a member referred to in subsection 2(a) to (t), must be appointed for a period not exceeding ï¬ve years on such conditions as the Minister may determine at the time of making the appointment.
The Minister may terminate membership of any member for reasons which are just and fair.
A member of the Central Drug Authority, except a member referred to in subsection 2(a) to (t), may, on the expiry of any period for which he or she was appointed, be reappointed for one additional term only.
The ï¬rst meeting of the Central Drug Authority must be held at a time and place to be determined by the Minister, and subsequent meetings must be held at least twice a year and at such times and places as the chairperson may determine.
The Central Drug Authority must, as soon as is practicable after it has been established, draft rules governing its quorum, the procedure at meetings and, generally, the conduct of its functions, and may from time to time alter or revoke any such rules.
The executive committee of the Central Drug Authority consists of the chairperson and vice-chairperson of the Central Drug Authority and not less than four and not more than ten such other members of the Central Drug Authority as may be determined and designated by the Central Drug Authority.
The executive committee may, subject to the directions of the Central Drug Authority, during periods between meetings of the Central Drug Authority exercise all the powers and perform all the duties of the Central Drug Authority.
may exercise such powers and must perform such duties as may be determined by the Minister from time to time.
The MEC must establish a Provincial Substance Abuse Forum for his or her province.
The MEC appoints the representatives contemplated in subsection (2).
Subsection (3) does not empower the executive committee to set aside or amend any decision of the Provincial Substance Abuse Forum.
Any decision taken or act performed by or on the authority of the executive committee is of full force and effect, unless it is set aside or amended by the relevant Provincial Substance Abuse Forum at its ï¬rst meeting following the meeting of the executive committee at which such decision was taken or such action was authorised.
The executive committee may make rules in relation to the holding of its meetings.
A municipality must establish a Local Drug Action Committee to represent such municipality and to give effect to the Mini Drug Master Plan.
A Local Drug Action Committee must designate a member of the committee as chairperson of that committee.
A Local Drug Action Committee must be linked to the Provincial Substance Abuse Forum established for the relevant province and must represent substance abuse forums at local government level.
The municipality in which a Local Drug Action Committee is situated must, from the moneys appropriated by the municipality for that purpose, provide ï¬nancial support to the Local Drug Action Committee.
The Central Drug Authority must request responsible government departments and Provincial Substance Abuse Forums to submit annual reports by no later than the last day of June, and such other reports as may be required.
delegate to any officer of the provincial administration concerned any power delegated to that MEC under subsection (2); and authorise any such officer to perform any duty which that MEC is authorised to perform under subsection (2).
authorise any such officer to perform any duty imposed upon the Director-General by this Act.
delegate to the HOD any power conferred on the Director-General by this Act; and authorise that HOD to perform any duty imposed on the Director-General by this Act.
authorise any such official to perform any duty which he or she is authorised to perform under this Act.
Any person to whom any power has been delegated or who has been authorised to perform a duty under this section must exercise that power or perform that duty subject to such conditions as the person who effected the delegation or granted the authorisation considers necessary.
any form that is required in the administration of the provisions in terms of this Act; and any ancillary or incidental administrative or procedural matter that is necessary to prescribe for the proper implementation or administration of this Act.
increase in normal hours of labour by not more than one hour per day for a period not exceeding two days.
If any form of penalty referred to in paragraph (b) is prescribed, the regulations must speciï¬cally provide that no such form of penalty may be imposed unless the medical officer responsible for the medical care of the service user concerned has certiï¬ed that such penalty will, in his or her opinion, not be harmful to the health of that service user.
Subject to subsection (2), the Prevention and Treatment of Drug Dependency Act, 1992 (Act No. 20 of 1992), is hereby repealed. (2) Any policy, strategy, proclamation, regulation, rule, notice, order, appointment, authorisation, leave of absence, licence, agreement, payment or certiï¬cate issued, made, prescribed, given, granted or entered into and any other action taken under any provision of a law repealed by subsection (1), must be regarded as having been issued, made, prescribed, given, granted, entered into or taken under the corresponding provision of this Act. 10 15 67. This Act is called the Prevention of and Treatment for Substance Abuse Act, 2008, and comes into operation on a date determined by the President by proclamation in the Gazette.
The South African Police Service Women's Network is hereby inviting the media to attend the above-mentioned event. The purpose of the event is to celebrate cultural diversity by social interaction.
UT G8 Info. Centre. Kananaskis Summit 2002.
Please send comments to: g8@utoronto.
All contents copyright © 2011. University of Toronto unless otherwise stated. All rights reserved.
<fn>GOV-ZA.32151437En.2012-02-10.en.txt</fn>
No. 49 of 2008: Mineral and Petroleum Resources Development Amendment Act, 2008.
by the insertion before the deï¬nition of ''day'' of the following deï¬nition: '' 'Council for Geoscience' means the Council established by the Geoscience Act, 1993 (Act No.
by the insertion after the deï¬nition of environment of the following deï¬nitions: '' 'environmental authorisation' has the meaning assigned to it in section 1 of the National Environmental Management Act, 1998 (Act No.
all buildings, structures, machinery, residue stockpiles, or objects situated on or in the area as contemplated in subsections (ii)(a) and (ii)(b).'
by the substitution for the deï¬nition of ''Mining Titles Office'' of the following deï¬nition: '' '[Mining Titles Office] Mineral and Petroleum Titles Registration Office' means the [Mining Titles Office] Mineral and Petroleum Titles Registration Office contemplated in section 2 of the Mining Titles Registration Act, 1967 (Act No.
by the insertion after the deï¬nition of 'Minister' of the following deï¬nition: '' 'National Environmental Management Act, 1998' means the National Environmental Management Act, 1998 (Act No.
by the insertion after the deï¬nition of ''owner'' of the following deï¬nition: '' 'owner of works'has the meaning contemplated in paragraph (b) of the deï¬nition of ''owner'' in section 102 of the Mine Health and Safety Act, 1996 (Act No.
by the insertion after the deï¬nition of 'retention permit' of the following deï¬nitions: '' 'Registrar' means the registrar of deeds as deï¬ned in section 102 of the Deeds Registries Act, 1937 (Act No.
by the substitution for the deï¬nition of 'residue deposit' of the following deï¬nition: '' 'residue deposit' means any residue stockpile remaining at the termination, cancellation or expiry of a prospecting right, mining right, mining permit, exploration right [or], production right or an old order right;''; and by the substitution for the deï¬nition of 'residue stockpile' of the following deï¬nition: '' 'residue stockpile' means any debris, discard, tailings, slimes, screening, slurry, waste rock, foundry sand, beneï¬ciation plant waste, ash or any other product derived from or incidental to a mining operation and which is stockpiled, stored or accumulated for potential re-use, or which is disposed of, by the holder of a mining right, mining permit [or], production right or an old order right;''.
Amendment of section 2 of Act 28 of 2002 2.
promote economic growth and mineral and petroleum resources development in the Republic, particularly development of downstream industries through provision of feedstock, and development of mining and petroleum inputs industries;''.
Amendment of section 3 of Act 28 of 2002 3.
''(b) in consultation with the Minister of Finance, [determine] prescribe and levy, any fee [or consideration] payable in terms of [any relevant Act of Parliament.] this Act.'
''(4) The State royalty must be determined and levied by the Minister of Finance in terms of an Act of Parliament.''.
Amendment of section 5 of Act 28 of 2002 4.
''(1) A prospecting right, mining right, exploration right or production right granted in terms of this Act and registered in terms of the Mining Titles Registration Act, 1967, (Act No. 16 of 1967), is a limited real right in respect of the mineral or petroleum and the land to which such right relates.'
''(cA)subject to section 59B of the Diamonds Act, 1986 (Act No. 56 of 1986), (in the case of diamond) remove and dispose of any diamond found during the course of mining operations;'' and by the deletion of subsection (4).
Insertion of section 5A of Act 28 of 2002 5.
a reconnaissance permission, prospecting right, permission to remove, mining right, mining permit, retention permit, technical co-operation permit, reconnaissance permit, exploration right or production right, as the case may be; and giving the landowner or lawful occupier of the land in question at least 21 days written notice.''.
Amendment of section 9 of Act 28 of 2002 6.
by the substitution in subsection (1) for paragraph (b) of the following paragraph: ''(b) different [dates] days must be dealt with in order of receipt.'
''(2) When the Minister considers applications received on the same [date] day he or she must give preference to applications from historically disadvantaged persons.''.
Amendment of section 10 of Act 28 of 2002 7.
''(a) make known that an application for a prospecting right, mining right or mining permit has been [received] accepted in respect of the land in question; and''.
Amendment of section 11 of Act 28 of 2002 8.
''(1) A prospecting right or mining right or an interest in any such right, or any interest in a [company or] close corporation or unlisted company or any controlling interest in a listed company (which corporations or companies hold a prospecting right or mining right or an interest in any such right), may not be ceded, transferred, let, sublet, assigned alienated or otherwise disposed of without prior written of the Minister.
''(4) Any transfer, cession, letting, subletting, alienation, encumbrance by mortgage or variation of a prospecting right or mining right, as the case may be, contemplated in this section must be lodged for the registration at the [Mining Titles Office] Mineral and Petroleum Titles Registration Office within [30] 60 days of the relevant [action] transaction.'
''(5) Any cession, transfer, letting, subletting, assignment, alienation or disposal of prospecting or mining right or an interest in a corporation or company made in contravention of subsection 1 is void.''.
Amendment of section 13 of Act 28 of 2002 9.
''(3) If the application does not comply with the requirements of this section, the Regional Manager must reject the application and notify the applicant in writing [of that fact] within 14 days of the receipt of the application [and return the application to the applicant] with written reasons for such decision.''.
Amendment of section 14 of Act 28 of 2002 10.
''(3) If the Minister refuses to grant a reconnaissance permission, the Minister must, within 30 days of the decision, [in writing] notify the applicant in writing with reasons for [the] such decision.'
''(4) The reconnaissance permission is valid for [two years] one year and is not renewable.''.
Substitution of section 15 of Act 28 of 2002 11.
A reconnaissance permission entitles the holder, [on production of the reconnaissance permission and after consulting the landowner or lawful occupier thereof] after giving written notice to the landowner or the lawful occupier of the land at least 14 days before the day such holder will enter the land to which such permission relates, to enter the land concerned for the purposes of conducting reconnaissance operations.
any exclusive right to apply for or be granted a prospecting right [or], mining right or mining permit in respect of the land to which such reconnaissance permission relates.''.
Amendment of section 16 of Act 28 of 2002 12.
no other person holds a prospecting right, mining right, mining permit or retention permit for the same mineral and land; and no prior application for a prospecting right, mining right, mining permit or retention permit has been accepted for the same mineral on the same land and which remains to be granted or refused.'
''(3) If the application does not comply with the requirements of this section, the Regional Manager must notify the applicant in writing within 14 days of the receipt of the application [of that fact and return the application to the applicant].'
by the deletion of subsection 6.
Amendment of section 17 of Act 28 of 2002 13.
''(f) in respect of prescribed minerals the applicant has given effect to the objects referred to in section 2(d).'
result in the concentration of the mineral resources in question under the control of the applicant and their associated companies with the possible limitation of equitable access to mineral resources.'
''(4A) If the application relates to land occupied by a community, the Minister may impose such conditions as are necessary to promote the rights and interests of the community, including conditions requiring the participation of the community.'
''(5) A prospecting right granted in terms of subsection (1) comes into effect on the effective date.''.
Amendment of section 18 of Act 28 of 2002 14.
''(e) a certiï¬cate issued by the Council for Geoscience that all prospecting information as prescribed has been submitted.'
''(c) [requirements of the approved environmental management plan] compliance with the conditions of the environmental authorisation.''.
Amendment of section 19 of Act 28 of 2002 15.
''(g) subject to section 20 and in terms of any relevant law, pay the State royalties in respect of any mineral removed and disposed of during the course of prospecting operations.'
''(h) submit progress reports and data of prospecting operations to the Regional Manager within 30 days from the date of submission thereof to the Council for Geoscience.''.
Amendment of section 20 of Act 28 of 2002 16.
''(2) The holder of a prospecting right must obtain the Minister's written permission to remove and dispose for such holder's own account of diamonds and bulk samples of any other minerals found by such holder in the course of prospecting operations [conducted pursuant to such prospecting right].''.
Amendment of section 21 of Act 28 of 2002 17.
''(1A) The Regional Manager must, submit progress reports and data contemplated in subsection (1)(b) within 30 days from the date of receipt thereof to the Council for Geoscience.
The Council for Geoscience must advise the Minister on all prospecting information as contemplated in this section.'
''(2) No person may dispose of or destroy any record, borehole core data or core-log data contemplated in subsection (1)(a) except in accordance with written directions of the relevant Regional Manager in consultation with the Council for Geoscience.''.
Amendment of section 22 of Act 28 of 2002 18.
''(c) no prior application for a prospecting right, mining right or mining permit or retention permit, has been accepted for the same mineral and land and which remains to be granted or refused.'
''(3) If the application does not comply with the requirements of this section, the Regional Manager must notify the applicant in writing [of that fact] within 14 days of the receipt of the application [and return the application to the applicant].'
[to notify and consult with interested and affected parties within 180 days from the date of the notice] to consult in the prescribed manner with the landowner, lawful occupier and any interested and affected party and include the result of the consultation in the relevant environmental reports.'
''(5) The Regional Manager must, within 14 days of receipt of the environmental reports and results of the consultation contemplated in subsection (4) and section 40, forward the application to the Minister for consideration.''.
Amendment of section 23 of Act 28 of 2002 19.
''(2A) If the application relates to the land occupied by a community, the Minister may impose such conditions as are necessary to promote the rights and interests of the community, including conditions requiring the participation of the community.'
''(3) The Minister must, within 60 days of receipt of the application from the Regional Manager, refuse to grant a mining right if the application does not meet the requirements referred to in subsection(1).'
''(5) A mining right granted in terms of subsection (1) comes into effect on the effective date.''.
Amendment of section 24 of Act 28 of 2002 20.
''(b) be accompanied by a report reï¬ecting the extent of compliance with the [requirements of the approved environmental management programme, the rehabilitation to be completed and the estimated cost thereof] conditions of the environmental authorisation;'' and by the substitution in subsection (3) for paragraph (d) of the following paragraph: ''(c) conditions of the environmental authorisation.'
''(4) A mining right may be renewed for further periods, each of which may not exceed 30 years at a time.''.
Amendment of section 25 of Act 28 of 2002 21.
''(e) comply with the [requirements of the approved environmental management programme] conditions of the environmental authorisation;''; and by the substitution in subsection (2) for paragraph (g) of the following paragraph: ''(g) in terms of any relevant law, pay the State royalties; and''.
Amendment of section 26 of Act 28 of 2002 22.
''(1) The Minister may initiate or [prescribe incentives to] promote the beneï¬ciation of minerals in the Republic.'
''(2A) In promoting beneï¬ciation, the Minister may prescribe the levels required for beneï¬ciation.'';.
Amendment of section 27 of Act 28 of 2002 23.
''(b) the mining area in question does not exceed [1.5] 5.0 hectares in extent.'
''(c) the granting of a permit will not result in the applicant being granted more than one mining permit on the same or adjacent land.'
''(4) If the application does not comply with the requirements of this section, the Regional Manager must notify the applicant in writing [of that fact] within 14 days of the receipt of the application [and return the application to the applicant].'
''(c) the applicant has the ability to comply with the relevant provisions of the Mine Health and Safety Act, 1996 (Act No.
''(e) must submit the mining permit for recording at the Mineral and Petroleum Titles Registration Office within 60 days after the permit has been issued.''.
Amendment of section 28 of Act 28 of 2002 24.
''(1) The holder of a mining right or mining permit must, at [its] the registered office or place of business of such holder, keep proper records of mining activities and proper ï¬nancial records in connection with the mining activities.''; and by the substitution in subsection (2) for the words preceding paragraph (a) of the following words: ''The holder of a mining right or mining permit, or the manager of any mineral processing plant operating separately from a mine, must submit to the Director-General-''.
Amendment of section 30 of Act 28 of 2002 25.
[21] 28 or 29 must inform the Regional Manager concerned and indicate which information and data must be treated as conï¬dential and may not be disclosed.'
''(5) Any data, information or reports lodged with the Council for Geoscience in terms of section 21 must be kept conï¬dential until such time as the right, permit or permission has lapsed or is cancelled, or terminated, or the area to which such right, permit or permission relates has been abandoned or relinquished.''.
Amendment of section 31 of Act 28 of 2002 26.
[must] lodge the application together with the prescribed non-refundable application fee;''.
Amendment of section 32 of Act 28 of 2002 27.
''(3) Despite subsection (2), the conditions of the environmental [management programme approved] authorisation issued in respect of the prospecting right remains in force as if the prospecting right had not lapsed.''.
Amendment of section 33 of Act 28 of 2002 28.
result in the concentration of the mineral resources in question under the control of the applicant and their associated companies with the possible limitation of equitable access to mineral resources.''.
Amendment of section 35 of Act 28 of 2002 29.
''(c) submit the retention permit for recording in the Mineral and Petroleum Titles Registration Office within 60 days after the permit has been issued.''.
Amendment of section 37 of Act 28 of 2002 30.
''(a) apply to all prospecting and mining operations, as the case may be, and any matter or activity relating to such operation.''.
Repeal of section 38 of Act 28 of 2002 31. Section 38 of the principal Act is hereby repealed.
Insertion of sections 38A and 38B IN Act 28 of 2002 32.
38A. (1) The Minister is the responsible authority for implementing environmental provisions in terms of the National Environmental Management Act, 1998 (Act No. 107 of 1998) as it relates to prospecting, mining, exploration, production or activities incidental thereto on a prospecting, mining, exploration or production area.
An environmental authorisation issued by the Minister shall be a condition prior to the issuing of a permit or the granting of a right in terms of this Act.
38B. (1) An environmental management plan or environmental management programme approved in terms of this Act before and at the time of the coming into effect of the National Environmental Management Act, 1998, shall be deemed to have been approved and an environmental authorisation been issued in terms of the National Environmental Management Act, 1998.
Notwithstanding subsection (1), the Minister may direct the holder of a right, permit or any old order right, if he or she is of the opinion that the prospecting, mining, exploration and production operations is likely to result in unacceptable pollution, ecological degradation or damage to the environment, to take any action to upgrade the environmental management plan or environmental management programme to address the deï¬ciencies in the plan or programme.
The Minister must issue an environmental authorisation if he or she is satisï¬ed that the deï¬ciencies in the environmental management plan or environmental management programme in subsection (2) have been addressed and that the requirements in Chapter 5 of the National Environmental Management Act, 1998, have been met.''.
Amendment of section 39 of Act 28 of 2002 33. Sections 39, 40, 41 and 42 of the principal Act are hereby repealed.
Amendment of section 43 of Act 28 of 2002 34.
''(1) The holder of a prospecting right, mining right, retention permit, [or] mining permit, or previous holder of an old order right or previous owner of works that has ceased to exist, remains responsible for any environmental liability, pollution, [or] ecological degradation, the pumping and treatment of extraneous water, compliance to the conditions of the environmental authorisation and the management and sustainable closure thereof, until the Minister has issued [an] a closure certiï¬cate in terms of this Act to the holder or owner concerned.'
''(2) On the written application in the prescribed manner by the holder of a prospecting right, mining right, retention permit, mining permit or previous holder of an old order right or previous owner of works that has ceased to exist, the Minister may transfer such environmental liabilities and responsibilities as may be identiï¬ed in the environmental management report and any prescribed closure plan to a person with such qualiï¬cations as may be prescribed.'
''(4) An application for [an] a closure certiï¬cate must be made to the Regional Manager in whose region the land in question is situated within 180 days of the occurrence of the lapsing, abandonment, cancellation, cessation, relinquishment or completion contemplated in subsection (3) and must be accompanied by the [prescribed environmental risk report] required information, programmes, plans and reports prescribed in terms of this Act and the National Environmental Management Act, 1998.'
''(5) No closure certiï¬cate may be issued unless the Chief Inspector and [the Department of Water Affairs and Forestry] each government department charged with the administration of any law which relates to any matter affecting the environment have conï¬rmed in writing that the provisions pertaining to health and safety and management pollution to water resources, the pumping and treatment of extraneous water and compliance to the conditions of the environmental authorisation have been addressed.'
''(5A) Conï¬rmation from the Chief Inspector and each government department contemplated in subsection (5) must be received within 60 days from the date on which the Minister informs such Chief Inspector or government department, in writing, to do so.'
''(6) When the Minister issues a certiï¬cate he or she must return such portion of the ï¬nancial provision contemplated in section 41 the National Environmental Management Act, 1998, as the Minister may deem appropriate, to the holder of the prospecting right, mining right, retention permit or mining permit, [or] previous holder of an old order right or previous owner of works or the person contemplated in subsection (2), but may retain any portion of such ï¬nancial provision for latent and [or] residual safety, health or environmental impact which may become known in the future.'
''(7) The holder of a prospecting right, mining right, retention permit, mining permit, or previous holder of an old order right or previous owner of works that has ceased to exist, or the person contemplated in subsection (2), as the case may be, must plan for, manage and implement such procedures and such requirements on mine closure as may be prescribed.
Procedures and requirements on mine closure as it relates to the compliance of the conditions of an environmental authorisation, are prescribed in terms of the National Environmental Management Act, 1998.
The Minister, in consultation with the Minister of Environmental Affairs and Tourism, may identify areas by notice in the Gazette, where mines are interconnected or their safety, health, social or environmental impacts are integrated which results in a cumulative impact.
The Minister may, in consultation with the Minister of Environmental Affairs and Tourism, publish by notice in the Gazette, strategies to facilitate mine closure where mines are interconnected, have an integrated impact or pose a cumulative impact.
The holder of a prospecting right, mining right, retention permit, mining permit, or previous holder of an old order right or previous owner of works that has ceased to exist, or the person contemplated in subsection (2), as the case may be, operating or who has operated within an area identiï¬ed in subsection (9), must amend their programmes, plans or environmental authorisations accordingly or submit a closure plan, subject to the approval of the Minister, which is aligned with the closure strategies contemplated in subsection (10).
In relation to mines with an interconnected or integrated health, safety, social or environmental impact, the Minister may, in consultation with the Minister of Environmental Affairs and Tourism, determine the apportionment of liability for mine closure as prescribed.
the complete and correct records, borehole core data or core-log data that the Council of Geoscience may deem relevant, have been lodged with the Council for Geoscience; or in the case of the holder a permit or right in terms of this Act, the complete and correct surface and the relevant underground geological plans have been lodged with the Council for Geoscience.''.
Amendment of section 44 of Act 28 of 2002 35.
''(2) The provision of subsection (1) does not apply to [bona ï¬de] mining equipment, which may be removed lawfully.''.
Amendment of section 45 of Act 28 of 2002 36.
take such measures as may be speciï¬ed in such directive in terms of this Act or the National Environmental Management Act, 1998; and complete such measures before a date speciï¬ed in the directive.''.
Amendment of section 46 of Act 28 of 2002 37.
''(1) If the Minister directs that measures contemplated in section 45 must be taken to prevent pollution or ecological degradation of the environment, to address any contravention in the environmental authorisation or to rehabilitate dangerous health or safety occurrences but establishes that the holder of [the relevant] a reconnaissance permission, prospecting right, mining right, retention permit or mining permit, the holder of an old order right or the previous owner of works, as the case may be or his or her successor in title is deceased or cannot be traced or in the case of a juristic person, has ceased to exist, has been liquidated or cannot be traced, the Minister in consultation with the Minister of Environmental Affairs and Tourism, may instruct the Regional Manager concerned to take the necessary measures to prevent [further] pollution or ecological degradation of the environment or to rehabilitate dangerous health and social occurrences or to make an area safe.'
''(2) The measures contemplated in subsection (1) must be funded from ï¬nancial provision made by the holder of the relevant [reconnaissance permission, prospecting right, mining right, retention permit or mining permit in terms of section 41] right, permit, the previous holder of an old order right or the previous owner of works in terms of the National Environmental Management Act, 1998, where appropriate, or if there is no such provision or if it is inadequate, from money appropriated by Parliament for the purpose.''.
Amendment of section 47 of Act 28 of 2002 38.
''(e) has conducted the transactions mentioned in section 11(1) before obtaining the necessary prior written approval of the Minister.'
''(d) notify the [mortgagor] mortgagee, if any, of the prospecting right, mining right or mining permit concerned of his or her intention to suspend or cancel the right or permit.''.
Amendment of section 48 of the Act 28 of 2002 39.
for the words preceding paragraph (a) of the following words: ''Subject to section 20 of the National Parks Act, 1976 (Act No. 57 of 1976) 48 of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003), and subsection (2), no reconnaissance permission, prospecting right, mining right may be granted or mining permit be issued in respect of-''.
Amendment of section 49 of Act 28 of 2002 40.
prohibit or restrict the granting of any reconnaissance permission, prospecting right, mining right or mining permit in respect of land identiï¬ed by the Minister for such period and on such terms and conditions as the Minister may determine; or restrict the granting of any reconnaissance permission, reconnais sance permit, prospecting right, mining right or mining permit in respect of a speciï¬c mineral or mining permit in respect of a speciï¬c mineral or minerals or class of minerals identiï¬ed by the Minister for such period and on such terms and conditions as the Minister may determine.'
Gazette invite applications for a prospecting right, mining right or mining permit in respect of any mineral or land, and may specify in such notice the period within which any application may be lodged and the terms and conditions subject to which such right or permit may be granted.''.
Amendment of section 52 of Act 28 of 2002 41.
''(4) The holder of a mining right remains responsible for the implementation of the processes provided for in the Labour Relations Act, 1995(Act No. 66 of 1995), pertaining to the management of downscaling and retrenchment, until the Minister has issued a closure certiï¬cate to the holder concerned.''.
Amendment of section 53 of Act 28 of 2002 42.
''(3) Despite subsection (1), the Minister may [of his or her own volition] cause an investigation to be conducted if it is alleged that a person intends to use the surface of any land in any way that could result in the mining of mineral resources being detrimentally affected.''.
Amendment of heading to section 56 of Act 28 of 2002 43.
by the substitution for the heading of the following heading: ''Lapsing of right, permit[,] and permission [and licence]''; and by the substitution for the words preceding paragraph (a) of the following words: ''Any right, permit[,] or permission [or licence] granted or issued in terms of this Act shall lapse, whenever-''.
Substitution of heading to Chapter 5 of Act 28 of 2002 44.
Substitution of section 57 of Act 28 of 2002 45.
The Minerals and [Mining Development] Petroleum Board is hereby established.''.
Amendment of section 58 of Act 28 of 2002 46.
[dispute resolution] objections referred to the Minister by the Board;''.
Amendment of section 59 of the Act 28 of 2002 47.
[18] 20 members, and must reï¬ect the gender and racial composition in the Republic.'
''(i) at least one person from a designated agency.''.
Amendment of section 61 of Act 28 of 23002 48. Section 61 of the principal Act is hereby amended by the deletion of in subsection (2)(a) of paragraph (i).
Amendment of section 63 of Act 28 of 2002 49.
''(1) The Chairperson or, in the absence of the Chairperson, the Minister must convene [meetings] the ï¬rst meeting of the Board.'
''(4) If both the Chairperson and Deputy Chairperson are absent from a meeting the attending members must nominate one of their [number] members as acting Chairperson for that meeting.''.
Amendment of section 69 of Act 28 of 2002 50.
''(a) For the purposes of this Chapter, section 9, 10, 11, 12, 21, [23,] 26, 29,30, [34,35,36] 37, 38A,38B, [38,39,40,41,42,] 43, 44, 45,46, 47, 48, 49, 50, 51 [and] 52, 53, 54, 55, 56, 64 and Chapter 7 and Schedule II apply with the necessary changes.''.
Amendment of section 71 of Act 28 of 2002 51. Section 71 of the principal Act is hereby amended by the substitution for paragraph (i) of the following paragraph: ''(i) review and make recommendations to the Minister with regard to the [approval of environmental plans, environmental management programme, development programmes] acceptance of environmental reports and the conditions of the environmental authorisations and amendments thereto; and''.
Amendment of section 73 of Act 28 of 2002 52. Section 73 of the principal Act is hereby amended by the deletion of subsection (3).
Amendment of section 74 of Act 28 of 2002 53.
by the substitution in subsection (2) for the words preceding paragraph (a) of the following words: ''The designated agency must, within 14 days of the receipt of the application, accept an application for a reconnaissance permit if-''.
''(c) no prior application for an exploration right, production right, or technical co-operation permit has been accepted for the same mineral, land and area.'
''(3) If the application does not comply with the requirements of this section, the designated agency must notify the applicant [of that fact] in writing within 14 days of the receipt of the application and [return the application to the applicant] provide reasons.'
consult in the prescribed manner with the landowner, lawful occupier and any interested and affected party and include the result of the consultation in the relevant environmental reports required in terms of Chapter 5 of the National Environmental Management Act, 1998; and submit relevant environmental reports in subsection (a), within 60 days from the date of the notice.''.
Amendment of section 75 of Act 28 of 2002 54.
the reconnaissance will not result in unacceptable pollution, ecological degradation or damage to the environment and that the environmental authorisation is issued;''.
Amendment of section 76 of Act 28 of 2002 55.
''(3) If the application does not comply with the requirements of this section, the designated agency must notify the applicant [of that fact] in writing within 14 days of the receipt of the application and [return the application to the applicant]and provide reasons.''.
Amendment of section 78 of Act 28 of 2002 56.
''(c) submit a technical co-operation permit for recording in the Mineral and Petroleum Titles Registration Office.''.
Amendment of section 79 of Act 28 of 2002 57.
by the substitution in subsection (2) for the words preceding paragraph (a) of the following words: ''The designated agency must, within 14 days of the receipt of the application, accept an application for an exploration right if- no other person holds a technical co-operation permit, exploration right or production right for petroleum over [any part of] the same land and area applied for.'
''(c) no prior application for a technical co-operation permit, exploration right or production right over the same mineral, land and area applied for has been accepted.'
''(3) If the application does not comply with the requirements of this section, the designated agency must notify the applicant [of that fact] in writing within 14 days of the receipt of the application and [and return the application to the applicant]and provide reasons.'
consult in the prescribed manner with the landowner, lawful occupier and any interested and affected party and include the result of the consultation in the relevant environmental report as required in terms of Chapter 5 of the National Environmental Management Act, 1998; and submit [an environmental management programme in terms of section 39] the relevant environmental reports required in terms of Chapter 5 of the National Environmental Management Act, 1998, within a period of 120 days from the date of the notice.'
''(5) Any technical co-operation permit in respect of which an application for an exploration right has been lodged in terms of subsection (1) shall, notwithstanding its expiry date, remain in force until such [application] right has been granted or refused.''.
Amendment of section 80 of Act 28 of 2002 58.
''(2) The Minister [after taking into account the need for the] may, having regard to the type of petroleum resource concerned and the extent of the exploration [the] project, request that the applicant gives effect to section 2(d).'
''(3) The Minister must, within 60 days of receipt of the application from the designated agency, refuse to grant an exploration right if the application does not meet all the requirements referred to in subsection (1).'
''(6) An exploration right granted in terms of subsection (1) comes into effect on the effective date.''.
Amendment of section 81 of Act 28 of 2002 59.
''(c) [requirements of the approved environmental management programme] conditions of the environmental authorisation.''.
Amendment of section 82 of Act 28 of 2002 60.
become effective; or is renewed in terms of section 81(3) Mineral and Petroleum Titles Registration Office;''.
Amendment of section 83 of Act 28 of 2002 61.
''(c) no prior application for technical co-operation permit, exploration right or production right over the same mineral , land and area applied for has been accepted.'
''(3) If the application does not comply with the requirements of this section, the designated agency must notify the applicant [of that fact] in writing within 14 days of the receipt of the application[and return the application to the applicant]and provide reasons.'
[conduct an environmental impact assessment and submit an environmental management programme for approval within 180 days from the date of the notice in terms of section 39]submit relevant environmental reports required in terms of Chapter 5 of the National Environmental Management Act, 1998, within 180 days from the date of the notice''.
Amendment of section 84 of Act 28 of 2002 62.
''(i) the granting of such right will further the object referred to in section 2(d) and (f) and in accordance with the Charter contemplated in section 100 and the prescribed [land] social and labour plan.'
''(2) The Minister must, within 60 days of receipt of the application from the designated agency, refuse to grant a production right if the application does not meet all the requirements referred to in subsection (1).'
''(5) A production right granted in terms of subsection (1) becomes effective on the effective date.''.
Amendment of section 85 of Act 28 of 2002 63.
''(5) A production right in respect of which an application for renewal has been lodged, shall [dispute] despite its expiry date, [remains] remain in force until such time as such application has been granted or refused.''.
Amendment of section 86 of Act 28 of 2002 64.
by the deletion in subsection (2) of paragraph (g).
Amendment of section 88 of Act 28 of 2002 65.
''(1A) The designated agency must submit progress reports and data contemplated in subsection (1)(b) within 30 days from the date of submission thereof to the Council for Geoscience.''.
Amendment of section 92 of Act 28 of 2002 66.
''(b) require the holder of the right, permit or permission [or] in question or the person in charge of such area or place or any person carrying out or in charge of the carrying out such activities, process or operations to produce any book, record, statement or other document including electronic documents, information or data relating to matters dealt with in this Act for inspection, or for the purpose of obtaining copies thereof or extracts therefrom.''.
Amendment of section 93 of Act 28 of 2002 67.
(1)(b) for the words preceding subparagraph (i) of the following words: ''any term or condition of any right, permit or permission or any other law granted or issued or [any environmental management programme or] an environmental authorisation issued, has occurred or is occurring on the relevant reconnaissance, exploration, production, prospecting, mining or retention area or place where prospecting operations or mining operations or processing operations are being conducted, such a person may-''.
Amendment of section 96 of Act 28 of 2002 68.
the Minister, if it is an administrative decision that was taken by the Director-General or the designated agency.'
''(2) (a) An appeal in terms of subsection (1) does not suspend the administrative decision, unless it is suspended by the Director-General or the Minister, as the case may be.
Any subsequent application in terms of this Act must be suspended pending the ï¬nalisation of the appeal referred to in paragraph (a).''.
Amendment of section 98 of Act 28 of 2002 69.
''(c) fails to [provide a written notice or consult with] obtain approval from the Minister in terms of section 26(3).''.
Amendment of section 100 of Act 28 of 2002 70.
''(a) To ensure the attainment of the Government's objectives of redressing historical, social and economic inequalities as stated in the Constitution, the Minister must within six months from the date on which this Act takes effect develop a broad-based socio-economic empowerment Charter that will set the framework for targets and time table for effecting the entry into and active participation of historically disadvantaged South Africans into the mining industry, and allow such South Africans to beneï¬t from the exploitation of the mining and mineral resources and the beneï¬ciation of such mineral resources.''.
Substitution of section 101 of Act 28 of 2002 71.
If the holder of a right, permit or permission appoints any person or employs a contractor to perform any work within the boundaries of the reconnaissance, mining, prospecting, exploration, production or retention area, as the case may be, such holder remains responsible for compliance with this Act.''.
Substitution of section 102 of Act 28 of 2002 72.
A reconnaissance permission, prospecting right, mining right, mining permit, retention permit, technical corporation permit, reconnaissance permit, exploration right, [and] production right, prospecting work programme, exploration work programme, production work programme, mining work programme environmental management programme or an environmental authorisation issued in terms of the National Environmental Management Act, 1998, as the case may be, may not be amended or varied (including by extension of the area covered by it or by the additional of minerals or a shares or seams, mineralised bodies or strata, which are not at the time the subject thereof) without the written consent of the Minister.
extend an area or portion of an area, or add a share or shares of the mineralised body, unless the omission of such area or share was a result of the administrative error.''.
Amendment of section 103 of Act 28 of 2002 73.
''(b) withdraw or amend any decision made by a person exercising a power or performing a duty delegated or assigned in terms of subsection (1), (2) or (3), as the case may be: Provided that no existing rights of any person shall be affected by such withdrawal and amending of a decision.''.
Amendment of section 104 of Act 28 of 2002 74.
''(1) Any community who wishes to obtain the preferent right to prospect or mine in respect of any mineral and land which is registered or to be registered in the name of the community concerned, must in terms of section 16 or 22 lodge such application to the Minister.
section 23(1)(e) and (h) is not applicable.''.
Amendment of section 105 of Act 28 of 2002 75.
cannot be readily traced; or is deceased and no successor in title can be readily traced.''.
Amendment of section 106 of Act 28 of 2002 76.
''(2) Despite subsection (1), the organ of state so exempted must submit [an environmental management programme for approval in terms of section 39 (4)] relevant environmental reports required in terms of Chapter 5 of the National Environmental Management Act, 1998, to obtain an environmental authorisation.''.
Amendment of section 107 of Act 28 of 2002 77.
of paragraph (a).
Amendment of item 1 of Schedule II to Act 28 of 2002 78.
by the substitution for the deï¬nition of ''OP26 mining lease'' of the following deï¬nition: '' 'OP26 mining lease' means [the] any mining lease granted [to Mossgas (Pty) Ltd under] in terms of clause 22 of [the] prospecting lease OP26 [prospecting lease] or the portions held under Deed of Cession 1/1996, registered in terms of the Mining Titles Registration Act, 1967 (Act No.
by the substitution for the deï¬nition of ''OP26 sublease'' of the following deï¬nition: '' 'OP26 sublease' means those parts of the OP26 mining lease which are held under Cessions 1/1999 and 1/2002 registered as such at the Mineral and Petroleum Titles Registration Office on 8 September 1999 and 30 September 2002, respectively;''; and by the substitution for the deï¬nition of ''OP26 right'' of the following deï¬nition: '' '' OP26 right' means [an] prospecting lease OP26 and the portions ceded under Deed of Cession 1/1996 registered in terms of the Mining Titles Registration Act, 1967 (Act No.16 of 1967) or an OP26 sublease or an OP26 mining lease;''.
Amendment of item 3 of Schedule II to Act 28 of 2002 79.
''(4) If the environmental management programme does not meet [with] the requirements of this Act, the Regional Manager in whose region the land to which the environmental management programme relates is situated must direct the holder concerned to submit the outstanding information.''.
Amendment of item 4 of Schedule II to Act 28 of 2002 80.
''(5) the holder must lodge the right converted under subitem (3) within 90 days from the date on which he or she received notice of conversion at the [Mining Titles Offices] Mineral and Petroleum Titles Registration Office for deregistration and simultaneously at the Deeds office or the [Mining Titles office] Mineral and Petroleum Titles Registration Office for deregistration of the OP26 sublease as the case may be.'
''(6) The registration contemplated in subitem (5) must occur within six months from the date on which the sublease has been converted and must be done at the same time as the deregistration of the sublease at the [Mining Tiles Office] Mineral and Petroleum Titles Registration Office.''.
Amendment of item 5 of Schedule II to Act 28 of 2002 81.
''(5) The holder must lodge the right converted under subitem (3) within 90 days from the date on which he or she received notice of conversion at the [Mining Titles Office] Mineral and Petroleum Titles Registration Office for registration and simultaneously at the Deeds office or [for] the [Mining Titles Office] Mineral and Petroleum Titles Registration Office for deregistration for deregistration of OP26 lease , as the case may be.'
''(7) Upon the conversion of the lease and the registration of the production right into which it was converted, the [sublease] lease ceases to exist.''.
Amendment of item 6 of Schedule II to Act 28 of 2002 82.
''(5) The holder must lodge the right converted under subitem (3) within 90 days from the date on which he or she received notice of conversion at the [Mining Titles Office] Mineral and Petroleum Titles Registration Office for registration and simultaneously at the Deeds Office or [it] the [Mining Titles Office] Mineral and Petroleum Titles Registration Office for deregistration of the old order prospecting right, as the case may be.''.
Amendment of item 7 of Schedule II of Act 28 of 2002 83.
''(1) Subject to subitems (2) and (8), any old order mining right in force immediately before this Act took effect continues in force for a period not exceeding ï¬ve years from the date on which this Act took effect or the period for which it was granted, whichever period is the shortest, subject to the terms and conditions under which it was granted or issued or was deemed to have been granted or issued.'
''3A. If the applicant does not comply with the requirements of the subitem (2) and (3), the Regional Manager must in writing request the applicant to comply within 60 days of such request.
3B. If the applicant does not comply with subitem 3A, the Minister must refuse to convert the right and must notify the applicant in writing of the decision within 30 days with reasons.
3C. If the application relates to land occupied by the community, the Minister may impose such conditions as are necessary to promote the rights and interests of the community, including conditions requiring the participation of the community.'
''(5) The holder must lodge the right converted under subitem (3) within 90 days from the date on which he or she received notice of conversion at the [Mining Titles Office] Mineral and Petroleum Titles Registration Office for registration and simultaneously at the Deeds office or [for] the [Mining Titles Office] Mineral and Petroleum Titles Registration Office for deregistration of the old order mining right, as the case may be.''.
Amendment of item 8 of Schedule II to Act 28 of 2002 84.
''(1) Any unused old order right in force immediately before this Act took effect, continues in force, subject to the terms and conditions under which it was granted, acquired or issued or was deemed to have been granted or issued, for a period not exceeding one year from the date on which this Act took effect, or for the period for which it was granted, acquired or issued or was deemed to have been granted or issued, whichever period is the shortest.''.
Amendment of Item 9 of Schedule II to Act 28 of 2002 85.
''(2) The holder, user or acquirer of any reservation, permission or right to use the surface of land contemplated in subitem (1) must register such reservation, permission or right in the [Mining Titles Office] Mineral and Petroleum Titles Registration Office within [one] six years from the date on which this Act took effect and if such holder, user or occupier fails to register such reservation, permission or right, the reservation, permission or right shall cease to exist.''.
Amendment of Item 10 of Schedule II to Act 28 of 2002 86.
''(4) If the holder of an old order prospecting right or old order right mining right or the owner of previous works ceases the relevant prospecting or mining operation works, the holder must apply for [an] a closure certiï¬cate in terms of section 43.
[Section] Sections 38, 41(2) and 45 [applies]apply to a holder of an old order prospecting right or old order mining right.'
''(6) If no application for a certiï¬cate contemplated in section 12 of the Minerals Act has been made, the holder referred to in that section, who remains liable for complying with the relevant provision of that Act, must apply for a closure certiï¬cate in terms of section 43.''.
Insertion of Item 10A in Table 2 of Act 28 of 2002 87.
''10A. Section 52 applies to a holder of an old order prospecting right or old order mining right.''.
Amendment of Item 12 of Schedule II to Act 28 of 2002 88.
the procedure to be followed by the claimant and the Director-General in respect of such claim; and the time when any legal proceedings may be instituted in respect of the determination or payment of compensation as contemplated in subitem (1).'
''(5) Despite the provisions of the Prescription Act, 1969 (Act No.
180 days after the claimant has been informed in writing that the Director-General has refused a determination and payment of compensation.
to the extent that they may be applicable, the provisions of sections 10(4), (5), (7) and (8), 14, 15, 19, 21 of the Expropriation Act, 1975 (Act No. 63 of 1975), apply with necessary changes to a claim made in terms of subitem (1); and the claimant may issue proceedings in a court of law for the determination and payment of compensation, but not before.
The provisions of this item do not apply to expropriation of property in terms of section 55 of the Act.''.
Amendment of Table 2 of Act 28 of 2002 89.
by the substitution for Category 3 of the following: ''A right to dig or to mine or [a] claim licence, a tributing agreement or a mynpachten referred to in section 47 of the Minerals Act and the common law mineral right attached thereto, together with a mining authorisation obtained in connection therewith under section 47(1)(e) in terms of section 9(1) of the Minerals Act.''; and by the substitution for Category 4 of the following: ''A right to dig or to mine referred to in section 47(5) of the Minerals Act or any right to dig or mine acquired under a tributing agreement as deï¬ned in section 1 of the Mining Titles Registration Act, 1967 (Act No. 16 of 1967), or any sub-grant acquired by virtue of the ï¬rst mentioned right and the common law mineral right attached thereto, together with a mining authorisation obtained in connection therewith in terms of section 9(1) of the Minerals Act.''.
Amendment of Table 3 of Schedule II to Act 28 of 2002 93. Table 3 of Schedule II to the principal Act is hereby amended by the substitution for Category 10 of the following: ''A right to dig or to mine referred to in section 47(5) of the Minerals Act or any right to dig or mine acquired under a tributing agreement as deï¬ned in section 1 of the Mining Titles Registration Act, 1967 (Act No. 16 of 1967), or any sub-grant acquired by virtue of the ï¬rst mentioned right and the common law mineral right attached thereto, together with a mining authorisation obtained in connection therewith in terms of section 9(1) of the Minerals Act.''.
This Act is called the Mineral and Petroleum Resources Development Amendment Act, 2008, and shall come into operation on the date ï¬xed by the President by proclamation in the Gazette.
Sections 5A(a), 16(1), 16(4)(a), 16(4)(b), 17(1)(c), 18(2)(c), 18(3)(c), 19(2)(e), 22(1)(a), 22(4)(a), 22(4)(b), 22(5), 23(1)(d), 24(2)(b), 24(3)(c), 25(2)(e), 27(2), 5 27(5)(b), 27(6)(b), 32(3), 35(2)(a), 38A, 43(4), 43(6), 45(1), 47(1)(c), 74(4), 75(1)(c), 79(4), 81(2)(c), 81(3)(c), 83(4), 86(2)(d), 93(1)(b) and 106(1).
Any provision of the principal Act as amended by this Act relating to prospecting, mining, exploration and production and related activities that is in conï¬ict with any provision relating to prospecting, mining, exploration, production and related activities 10 contemplated in section 14(2) of the National Environmental Management Amendment Act, 2008, on the date that it comes into operation in terms of that section, shall lapse with effect from that date.
Despite subsection (1), Schedule II is deemed to have come into operation on 1 May 2004.
<fn>GOV-ZA.32152438En.2012-02-10.en.txt</fn>
No. 10 of 2009: Financial Management of Parliament Act, 2009.
any expenditure from Parliament's approved budget or a main division within that budget for a purpose unrelated to the approved budget or main division, subject to section 22; and any expenditure of donor funds for a purpose not speciï¬ed in the agreement with the donor; ''vote'' means that portion of Parliament's budget which forms part of an appropriation Act and which speciï¬es the total amount of funds to be appropriated from the National Revenue Fund for Parliament.
to establish norms and standards for managing the ï¬nancial affairs of provincial legislatures.
Provincial legislatures must adhere to the norms and standards for ï¬nancial management set out in Schedule 1.
Parliament, or consistent with the objects of this Act.
may only participate in the deliberations of the oversight mechanism at the request of the oversight mechanism.
The oversight mechanism may require the Accounting Officer and any other official of Parliament to appear before it.
The oversight mechanism has the powers that committees of Parliament have under sections 56 and 69 of the Constitution.
The Executive Authority of Parliament is the Speaker of the National Assembly and the Chairperson of the National Council of Provinces, acting jointly.
The Executive Authority is accountable to Parliament for the sound ï¬nancial management of Parliament.
Members of the Executive Authority must act in accordance with the Code of Ethics in Schedule 2.
The Secretary to Parliament is the Accounting Officer.
The Accounting Officer is accountable to the Executive Authority for the ï¬nancial management of Parliament.
disciplinary action is instituted against any employee of Parliament who has allegedly committed an act of ï¬nancial misconduct; and when appropriate, criminal proceedings are initiated against any person who has allegedly committed an offence in terms of section 69.
The Executive Authority and the Accounting Officer must conclude a written performance agreement for the Accounting Officer annually.
The annual assessment of the Accounting Officer's performance must take cognisance of the audit report on the annual ï¬nancial statements of Parliament.
If the post of Accounting Officer is vacant, or if the Accounting Officer is unable to perform the functions of the post, those functions must be performed by another official designated in writing by the Executive Authority.
maximise administrative and operational efficiency; and provide adequate checks and balances in the ï¬nancial management of Parliament.
may authorise that official to sub-delegate, in writing, the delegated power or duty to another official, or to the holder of a speciï¬c post in the administration of Parliament; and does not divest the Accounting Officer of responsibility for the exercise of the delegated power or the performance of the delegated duty.
The Accounting Officer may conï¬rm, vary or revoke any decision taken by an official in terms of a delegation under subsection (1), subject to any rights that may have become vested as a consequence of the decision.
Parliament's assets and liabilities are managed effectively, and that assets are safeguarded and maintained to the extent necessary.
in the case of any other person, to the Accounting Officer.
may use their position or any conï¬dential information obtained in the exercise of their responsibilities for personal gain or to beneï¬t improperly themselves or any other person.
table the strategic plan and annual performance plan in Parliament.
Executive Authority a draft strategic plan for Parliament's administration.
include performance measures and indicators for assessing the administra tion's performance in implementing the strategic plan.
At least ten months prior to the start of the ï¬nancial year, the Accounting Officer must prepare a draft budget for Parliament and present it to the Executive Authority.
contain a schedule of planned expenditure under Parliament's donor funded projects; and be in accordance with the format prescribed under section 65, for the purpose of maintaining consistency with the format followed by other organs of state.
submit the budget and adjustments budget to the National Treasury; and represent Parliament in any discussions with the Minister of Finance on any aspect of Parliament's budget or adjustments budget.
appropriate funds contemplated in section 16(2)(b)(i) in the annual national budget; and approve the use of the funds contemplated in section 16(2)(b)(iii).
by a national adjustments budget referred to in section 30 of the Public Finance Management Act; and in accordance with the procedure set out in section 17(2).
Any revision of an approval in terms of subsection (1)(b) must be approved by Parliament.
funds may be withdrawn from the National Revenue Fund for the requirements of Parliament during that ï¬nancial year as a direct charge against the Fund until the budget is passed; and funds from Parliament's own revenue sources may be used to meet the requirements of Parliament.
during each of the following months, exceed ten per cent of the total amount in the previous approved budget; or in aggregate, exceed the total amount appropriated and approved in the previous approved budget.
The funds provided for in subsection (1) are not additional to funds appropriated or approved for the relevant ï¬nancial year, and any funds withdrawn or used in terms of that subsection must be regarded as forming part of the funds appropriated and approved in the budget for that ï¬nancial year.
This section applies to any unauthorised expenditure incurred by Parliament, other than the unauthorised expenditure of donor funds.
the expenditure is an overspending of Parliament's approved budget and Parliament appropriates an additional amount to cover the overspending; or the expenditure is unauthorised for another reason and Parliament authorises the expenditure as a direct charge against the National Revenue Fund.
Parliament must advise the National Treasury of any unauthorised expenditure that is authorised in terms of subsection (2).
If Parliament authorises unauthorised expenditure in terms of subsection (2) but does not appropriate an additional amount to cover the amount of the unauthorised expenditure, the unauthorised expenditure becomes a charge against Parliament's own funds.
Any unauthorised expenditure that Parliament does not approve must be recovered from the person responsible for the unauthorised expenditure.
Any unauthorised expenditure of donor funds that Parliament approves becomes a charge against Parliament's own funds.
Any unauthorised expenditure of donor funds that Parliament does not approve must be recovered from the person responsible for the unauthorised expenditure.
The Accounting Officer may use a saving in the total amount appropriated or approved under a main division within Parliament's approved budget towards defraying excess expenditure under another main division within the approved budget, unless the Executive Authority directs otherwise.
appropriated or approved for transfer to another institution; or appropriated or approved for capital expenditure when used to defray current expenditure.
The amount of a saving under a main division of Parliament's approved budget that may be used in terms of subsection (1), may not exceed eight per cent of the amount appropriated and approved under that main division.
This section does not authorise the use of a saving of an amount that is a direct charge against the National Revenue Fund in order to supplement Parliament's appropriated funds.
The Executive Authority may make regulations or issue instructions in accordance with sections 65 and 66 respectively concerning the application of this section.
Parliament is not required to return to the National Revenue Fund any money appropriated or approved for a particular ï¬nancial year but not spent in that year.
Funds appropriated for, but not spent in, a particular ï¬nancial year must be regarded as funds derived from Parliament's own revenue sources, and the approval of their use in subsequent ï¬nancial years must be in accordance with section 18(1)(b).
Funds derived from Parliament's own revenue sources that are approved for a particular ï¬nancial year, but not spent in that year, must be approved for use in subsequent ï¬nancial years in accordance with section 18(1)(b).
The Accounting Officer is responsible for establishing systems and procedures for the effective implementation of the policy prescribed in terms of subsection (1).
with an institution not registered as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990); or otherwise than in the name of Parliament.
is accountable to the Executive Authority for Parliament's bank accounts; and must enforce compliance with section 27.
Only the Accounting Officer, or an official to whom that power has been delegated in terms of section 10, may withdraw money, or authorise the withdrawal of money, from any of Parliament's bank accounts.
A delegation in terms of subsection (1) must be in accordance with the policy made in terms of section 24.
making other refunds approved by the Executive Authority; or cash management or investment purposes in accordance with the policy made in terms of section 24.
issue a guarantee or security; or enter into any other similar transaction that binds or may bind it to any future ï¬nancial commitment.
Neither the state nor Parliament is bound by a loan, guarantee, security or other transaction entered into in breach of subsection (1).
using credit cards, ï¬eet management cards or other credit facilities repayable within 30 days from the date on which an account is rendered.
Parliament maintains a system of internal control of assets and liabilities, including a register of assets and liabilities.
Revenue management 20 31. (1) The Accounting Officer is responsible for managing the revenue of Parliament.
if appropriate, instituting legal proceedings.
The Accounting Officer may settle or write off a debt only in accordance with a policy prescribed in accordance with section 65.
Interest must be charged on any debt owed to Parliament in accordance with a policy prescribed in accordance with section 65.
the amount is unclear or disputed; or it is agreed otherwise; and all ï¬nancial accounts of Parliament are closed monthly and reconciled with its records.
The Executive Authority must make regulations concerning the allocation and use of any funds provided by Parliament to political parties or to Members of Parliament.
the Speaker of the National Assembly must consult with the political parties represented in the National Assembly; and if delegations in, or individual delegates to, the National Council of Provinces are to receive funds, the Chairperson of the National Council of Provinces must consult with the delegations in the Council.
provide for the recovery of funds spent irregularly; and establish a dispute resolution procedure.
any other information reasonably necessary to conï¬rm that the party or Member is entitled to the funds; and in instances of a qualiï¬ed audit report in respect of such funding, until adequate measures are put in place to rectify the qualiï¬cation.
Each party represented in the Assembly must be provided with ï¬nancial and administrative assistance in proportion to its representation to enable it and its leader to perform their functions in Parliament effectively.
obtain a written assurance from the entity that it implements effective, efficient and transparent ï¬nancial management and internal control systems; or render the transfer subject to conditions and remedial measures requiring the entity to establish and implement effective, efficient and transparent ï¬nancial management and internal control systems.
Subsection (1) does not apply to transfers to entities in other countries or to international institutions.
Any transfer contemplated by sub-paragraph (a) is governed by the instrument regulating the relationship between South Africa and that entity or institution.
be in writing; and be addressed to the Accounting Officer.
may not proceed with the implementation of the directive; and must inform the Executive Authority in writing of the likelihood that the directive may lead to unauthorised expenditure.
If the Accounting Officer proceeds to implement a directive contemplated in subsection (2), without receiving a further instruction from the Executive Authority in terms of subsection (5), and it results in unauthorised expenditure, the Accounting Officer is responsible for such unauthorised expenditure.
An official may not implement a directive by the Executive Authority that may have ï¬nancial implications, unless the Accounting Officer issues a written instruction to proceed with implementation.
an expenditure of an exceptional nature which is currently not provided for in Parliament's budget and which cannot, without serious prejudice to the interests of Parliament, be postponed to a future parliamentary appropriation or approval of funds; or an unforeseeable and unavoidable expenditure approved by Parliament.
give a copy to the Accounting Officer; and table a copy in Parliament for prompt referral to the oversight mechanism.
On receipt of a written instruction contemplated in subsection (6), the Accounting Officer must ï¬le a copy with the Auditor-General promptly.
If Parliament does not authorise the expenditure arising from an instruction contemplated in subsection (6), the Executive Authority is responsible for the unauthorised expenditure and it must be recovered from the members of the Executive Authority in their personal capacities.
complies with other applicable legislation;1 and covers at least the matters speciï¬ed in Schedule 3 to this Act.
The Executive Authority may prescribe a policy in accordance with section 65 for considering offers to supply goods or services that are unsolicited or are made otherwise than in accordance with the supply chain management policy contemplated in section 40.
is not obliged to consider any offer contemplated in subsection (1); and may consider an offer contemplated in subsection (1) only in accordance with the prescribed policy.
The Accounting Officer must notify the Auditor-General and the Executive Authority in writing if a contract is concluded in respect of a tender, quotation, or other bid other than the one recommended.
Subsection (1) does not apply if a contract was concluded in order to rectify an irregularity.
attend any meeting of such committee as an observer; or participate in any other way in evaluating or approving tenders, quotations, contracts or other bids for Parliament.
impede the Accounting Officer in fulï¬lling the responsibilities of the Accounting Officer in terms of this Chapter; or amend or tamper with any tender, quotation, contract or bid after its submission.
a person in the employ of the State whose participation in bidding for the contract may result in a conï¬ict of interest; or any entity in which a person mentioned in paragraphs (a) to (d) is a Director or has a controlling or other substantial interest.
Parliament must have an audit committee appointed by the Executive Authority.
be constituted in a manner that ensures its independence; and consist of at least three persons with appropriate experience and knowledge.
are not employed by Parliament or the state and are not Members of Parliament, a provincial legislature or a municipal council; and have no personal or ï¬nancial interest in any matter related to Parliament.
The Executive Authority must appoint one of the members contemplated by subsection (3), who is knowledgeable of the status of the position and have the requisite business, ï¬nancial and leadership skills, as the chairperson of the committee.
The terms of appointment and remuneration of members of the audit committee contemplated by subsection (3) must be consistent with the requirements for audit committees of other organs of state, taking into account tariffs determined by the South African Institute of Chartered Accountants in consultation with the Auditor-General, and tariffs determined by the National Treasury.
A member of the audit committee who has a personal or ï¬nancial interest in any matter before the committee must disclose that interest and withdraw from the proceedings of the committee when that matter is considered.
report to and advise the Accounting Officer on matters relating to the ï¬nancial and risk management of Parliament; and communicate any concerns it deems necessary to the Executive Authority and the Auditor-General.
must meet as often as required to perform its functions, but at least four times a year; and the internal audit unit of Parliament; and the person designated by the Auditor-General to audit the ï¬nancial statements of Parliament.
If the audit committee becomes aware of information implicating the Accounting Officer in fraud, corruption or gross negligence, it must report this promptly to the Executive Authority and the oversight mechanism.
The Accounting Officer must establish Parliament's internal audit unit which must conduct internal audits in accordance with the standards set by the Institute of Internal Auditors, for the purpose of maintaining consistency with internal audit functions in other organs of state.
a three-year risk-based audit plan; and an internal audit programme for each ï¬nancial year setting out the proposed scope of each audit.
The unit must report quarterly to the Accounting Officer and the audit committee on its performance against the annual audit plan.
be independent of the activities that are audited; and have access to the ï¬nancial records and other relevant information of Parliament.
The statement must include a projection of revenue and expenditure for the remainder of the ï¬nancial year, and any revisions from initial projections.
The amounts reï¬ected in the statement must in each case be compared with the corresponding amounts set out in the projected cash-ï¬ows and in Parliament's budget.
the past year's annual report, and progress on resolving problems identiï¬ed in the report; and performance in implementing the annual performance plan.
The Executive Authority must table the monthly, quarterly and mid-year reports in Parliament within ï¬ve working days of receiving the reports.
Parliament must refer the reports to the oversight mechanism promptly.
For each ï¬nancial year, the Accounting Officer must prepare an annual report.
For each ï¬nancial year, the Accounting Officer must prepare annual ï¬nancial statements in accordance with the standards of generally recognised accounting practice and, in the absence of an applicable standard, in accordance with standards prescribed by the Executive Authority for the purpose of maintaining consistency with other organs of state.
to the Auditor-General for auditing; and to the National Treasury for inclusion in the consolidated ï¬nancial statements.
audit the ï¬nancial statements submitted in terms of section 57; and submit an audit report on those statements to the Executive Authority within two months of receiving the statements.
If the Auditor-General is unable to complete an audit within two months of receiving the ï¬nancial statements, the Auditor-General must promptly submit a report outlining the reasons for the delay to the Executive Authority. The Executive Authority must promptly table the report in Parliament.
Once the Auditor-General has submitted an audit report to the Executive Authority, no person may alter the report or the annual ï¬nancial statements to which the report relates.
The Accounting Officer must submit Parliament's annual report to the Executive Authority so that the Executive Authority is able to table the report in Parliament within ï¬ve months of the end of the ï¬nancial year concerned.
The Executive Authority must table the annual report in Parliament within ï¬ve working days of receiving it.
The annual report, including the audited ï¬nancial statements and audit report, must be made public.
The annual report of Parliament must be referred to the oversight mechanism.
varying the time period within which any act must be performed in terms of this Act if it is necessary to achieve conformity with the budgeting or accounting cycles applicable to the public sector; and any other matter concerning the ï¬nancial management of Parliament that may facilitate the application of this Act.
the Auditor-General may issue a special report on such failure to Parliament which must be made public.
may issue a special report on the delay.
Executive Authority immediately on discovery.
Executive Authority, or the Auditor-General for information, documents, explanations and motivations.
Regulations in terms of subsection (1) may prescribe that the prior approval of the Executive Authority must be obtained for particular actions.
periodically review regulations made in terms of the Act; and when appropriate, ensure that draft amendments are prepared.
The Executive Authority may approve departures from regulations or condone a failure to comply with a regulation provided that the objectives of the Act are not undermined.
The reasons for any decision taken in terms of paragraph (a) must be recorded in writing and submitted to the oversight mechanism promptly.
The Executive Authority must ensure that a draft of any proposed regulations dealing with any matter contemplated in section 34 or Chapter 6 is published for public comment.
Regulations issued by the Executive Authority in terms of subsection (1) may come into effect only after they have been approved by Parliament.
in a parliamentary paper; and in the Government Gazette, if the regulations deal with a matter contemplated by subsection (5).
For the purpose of implementing this Act, the Executive Authority may issue written instructions not inconsistent with this Act or its regulations.
A copy of any instruction issued in terms of subsection (1) must be submitted to the oversight mechanism promptly.
investigate promptly any allegation of ï¬nancial misconduct against the Accounting Officer, unless it is obviously unfounded; and if the investigation warrants such a step, institute disciplinary proceedings promptly and in accordance with any applicable systems and procedures.
investigate any allegation of ï¬nancial misconduct against an official unless it is obviously unfounded; and if the investigation warrants such a step, institute disciplinary proceedings within 30 days in accordance with any applicable systems and procedures.
deliberately mislead or withhold information from the Executive Authority or Auditor-General on any bank accounts of Parliament or on money received or spent by Parliament; or deliberately provide false or misleading information in any document which in terms of a requirement of this Act must be submitted to the Executive Authority or Auditor-General.
any official who exercises ï¬nancial management responsibilities in terms of section 11, to fail to fulï¬l those responsibilities deliberately or in a grossly negligent way; or any official to contravene section 12(3)(b).
It is an offence for any person to contravene sections 44, 45, 46 or 58(3).
A person convicted of an offence in terms of section 69 is liable to a ï¬ne or to imprisonment for a period not exceeding ï¬ve years.
the word ''Parliament,'' in section 13(5).
This Act is called the Financial Management of Parliament Act, 2009 and comes into operation on assent by the President and in accordance with the transitional arrangements set out in Schedule 4 to this Act.
require ï¬nancial statements to be submitted to the legislature and made accessible to the public; and require the legislature to comply with the standards of generally recognised accounting practice.
The object of this Code is to enhance the conï¬dence of the public and Members in the integrity of the management of Parliament. It applies to the members of the Executive Authority of Parliament and supplements the parliamentary Code of Conduct for Assembly and permanent Council members. It recognises that in holding high public office members of the Executive Committee have an obligation to perform their official functions and duties in a way that will bear the closest public scrutiny, an obligation that is not discharged by simply acting within the law.
Members of the Executive Authority must conform to the principles of good governance set out in this Schedule.
act in all respects in a manner that is consistent with the integrity of their office; and arrange their private affairs in a manner that will prevent real, potential or apparent conï¬icts of interests from arising and, if such a conï¬ict does arise, resolve the conï¬ict in favour of the interests of Parliament and the public.
receive remuneration for any work or service other than for the performance of their functions as members of the Executive Authority; or use any allowance provided by Parliament for a purpose other than that for which it was provided.
Any complaints concerning adherence to this Code must be determined by the parliamentary committee established under the Rules of Parliament to oversee the Code of Conduct for Assembly and permanent Council members.
the circumstances in which a contract or agreement procured through the supply chain management policy of Parliament may be amended by the parties.
Act comes into effect.
ï¬nancial year after the Act comes into effect.
Schedule comes into effect, Parliament shall continue to comply with any applicable requirement on the Public Finance Management Act and its regulations.
Until such time as any regulation that must be made in terms of this Act comes into force, any policies, regulations or rules concerning the subject-mater of such regulation remain in force.
Accounting Officer as required in terms of section 8, an agreement must be concluded 15 within a month.
if a power or duty was delegated to the holder of an office in Parliament before the Act came into effect, the holder of that office and any future holder of the office may continue to exercise the power or perform the duty.
42 anticipate are made in terms of section 65.
Regulations required by this Act must be made within a reasonable time of the Act coming into effect.
<fn>GOV-ZA.32186467En.2012-02-10.en.txt</fn>
Please note that most Acts are published in English and another South Africanofficial language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the otherlanguage is printed on uneven numbered pages.
No. 68 of 2008: Consumer Protection Act, 2008.
To promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection, to provide for improved standards of consumer information, to prohibit certain unfair marketing and business practices, to promote responsible consumer behaviour, to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements, to establish the National Consumer Commission, to repeal sections 2 to 13 and sections 16 to 17 of the Merchandise Marks Act, 1941 (Act No. 17 of 1941), the Business Names Act, 1960 (Act No. 27 of 1960), the Price Control Act, 1964 (Act No. 25 of 1964), the Sales and Service Matters Act, 1964 (Act No. 25 of 1964), the Trade Practices Act, 1976 (Act No. 76 of 1976), the Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 71 of 1988), and to make consequential amendments to various other Acts; and to provide for related incidental matters.
That recent and emerging technological changes, trading methods, patterns and agreements have brought, and will continue to bring, new beneï¬ts, opportunities and challenges to the market for consumer goods and services within South Africa; and That it is desirable to promote an economic environment that supports and strengthens a culture of consumer rights and responsibilities, business innovation and enhanced performance.
facilitate the freedom of consumers to associate and form groups to advocate and promote their common interests; and promote consumer participation in decision-making processes concerning the marketplace and the interests of consumers.
is supplied with those goods by a producer, importer or other distributor; and in turn, supplies those goods to either another distributor or to a retailer; ''electronic communication'' means communication by means of electronic transmission, including by telephone, fax, sms, wireless computer access, email or any similar technology or device; ''Electronic Communications and Transactions Act'' means the Electronic Communications and Transactions Act, 2002 (Act No.
a partnership or association; or a trust as deï¬ned in the Trust Property Act, 1988 (Act No.
''National Credit Act'' means the National Credit Act, 2005 (Act No.
subject to the jurisdiction of an 'ombud', or a 'statutory ombud', in terms of any national legislation, means that ombud, or statutory ombud; or a 'ï¬nancial institution', as deï¬ned in the Financial Services Ombud Schemes Act, 2004 (Act No.
''Promotion of Equality and Prevention of Unfair Discrimination Act'' means the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000); ''provincial consumer protection authority'' means a body established within the provincial sphere of government, and designated by the responsible Member of the Executive Council of a province to have general authority to deal with consumer protection matters within that province; ''public regulation'' means any national, provincial or local government legislation or subordinate legislation, or any licence, tariff, directive or similar authorisation issued by a regulatory authority or pursuant to any statutory authority; ''Registrar'' means the Registrar of Companies appointed in terms of the Companies Act, 1973 (Act No.
the provision of any education, information, advice or consultation, except advice that is subject to regulation in terms of the Financial Advisory and Intermediary Services Act, 2002 (Act No.
constitutes advice or intermediary services that is subject to regulation in terms of the Financial Advisory and Intermediary Services Act, 2002 (Act No. 37 of 2002); or is regulated in terms of the Long-term Insurance Act, 1998 (Act No. 52 of 1998), or the Short-term Insurance Act, 1998 (Act No.
a trade mark as deï¬ned in section 2(1) of the Trade Marks Act, 1993 (Act No.
having a character contemplated in section 40; or otherwise unethical or improper to a degree that would shock the conscience of a reasonable person; ''unit price'' means a price for any goods or services expressed in relation to a well-known measure such as quantity, weight, volume, duration or other measurable unit by which the goods or services are allocated; ''used goods'', when used in respect of any goods being marketed, means goods that have been previously supplied to a consumer, but does not include goods that have been returned to the supplier in terms of any right of return contemplated in this Act; and ''visual representation'' means any representation or illustration capable of being reproduced upon a surface, whether by printing or otherwise, but does not include a trade mark.
This Act must be interpreted in a manner that gives effect to the purposes set out in section 3.
appropriate international conventions, declarations or protocols relating to consumer protection; and any decision of a consumer court, ombud or arbitrator in terms of this Act, to the extent that such a decision has not been set aside, reversed or overruled by the High Court, the Supreme Court of Appeal or the Constitutional Court.
an advanced electronic signature, as deï¬ned in the Electronic Communications and Transactions Act; or an electronic signature, as deï¬ned in the Electronic Communications and Transactions Act.
The supplier must take reasonable measures to prevent the use of a consumer's electronic signature for any purpose other than the signing or initialling of the particular document that the consumer intended to sign or initial.
Despite the periods of time set out in section 6, each successive threshold determined by the Minister in terms of that section continues in effect until a subsequent threshold in terms of that section takes effect.
Unless the context indicates otherwise, any use of the word ''includes'' or ''including'' in relation to a deï¬ned or generic word or expression, on the one hand, and one or more enumerated examples or speciï¬c items, on the other, is not to be construed as limiting the deï¬ned or generic expression to the examples or items so enumerated.
If there is an inconsistency between any provision of Chapter 5 of this Act and a provision of the Public Finance Management Act, 1999 (Act No. 1 of 1999), or the Public Service Act, 1994 (Proclamation No. 103 of 1994), the provisions of the Public Finance Management Act, 1999, or of the Public Service Act, 1994, as the case may be, prevail.
the provisions of both Acts apply concurrently, to the extent that it is possible to apply and comply with one of the inconsistent provisions without contravening the second; and to the extent that paragraph (a) cannot apply, the provision that extends the greater protection to a consumer prevails over the alternative provision, provided that in the case of hazardous chemical products only the provisions of this Act relating to consumer redress will apply.
No provision of this Act must be interpreted so as to preclude a consumer from exercising any rights afforded in terms of the common law.
providing for a consistent, accessible and efficient system of consensual resolution of disputes arising from consumer transactions; and providing for an accessible, consistent, harmonised, effective and efficient system of redress for consumers.
conduct research and propose policies to the Minister in relation to any matter affecting the supply of goods and services, including proposals for legislative, regulatory or policy initiatives that would improve the realisation and full enjoyment of their consumer rights by persons contemplated in subsection (1)(b).
a person acting in the public interest, with leave of the Tribunal or court, as the case may be; and an association acting in the interest of its members.
promote the spirit and purposes of this Act; and make appropriate orders to give practical effect to the consumer's right of access to redress, including, but not limited to- (aa) any order provided for in this Act; and (bb) any innovative order that better advances, protects, promotes and assures the realisation by consumers of their rights in terms of this Act.
If any provision of this Act, read in its context, can reasonably be construed to have more than one meaning, the Tribunal or court must prefer the meaning that best promotes the spirit and purposes of this Act, and will best improve the realisation and enjoyment of consumer rights generally, and in particular by persons contemplated in section 3(1)(b).
the circumstances of the transaction or agreement.
engage in any conduct that is unconscionable, misleading or deceptive, or that is reasonably likely to mislead or deceive; or make any representation about a supplier or any goods or services, or a related matter, unless the person has reasonable grounds for believing that the representation is true.
goods or services that are supplied or performed in terms of a transaction to which this Act applies, irrespective of whether any of those goods or services are offered or supplied in conjunction with any other goods or services, or separate from any other goods or services; and goods that are supplied in terms of a transaction that is exempt from the application of this Act, but only to the extent provided for in subsection (5).
giving effect to a collective bargaining agreement within the meaning of section 23 of the Constitution and the Labour Relations Act, 1995 (Act No. 66 of 1995); or giving effect to a collective agreement as deï¬ned in section 213 of the Labour Relations Act, 1995 (Act No. 66 of 1995).
any other national legislation; or any treaty, international law, convention or protocol.
only to the extent that the relevant regulatory scheme ensures the achievement of the purposes of this Act at least as well as the provisions of this Act; and subject to any limits or conditions necessary to ensure the achievement of the purposes of this Act.
If any goods are supplied within the Republic to any person in terms of a transaction that is exempt from the application of this Act, those goods, and the importer or producer, distributor and retailer of those goods, respectively, are nevertheless subject to sections 60 and 61.
a franchise agreement or an agreement supplementary to a franchise agreement; and the supply of any goods or services to a franchisee in terms of a franchise agreement.
Despite subsection (2)(b), this Act applies to a transaction contemplated in subsection (6)(b) to (e) irrespective of whether the size of the juristic person falls above or below the threshold determined in terms of section 6.
operates on a for-proï¬t basis or otherwise; or is an individual, juristic person, partnership, trust, organ of state, an entity owned or directed by an organ of state, a person contracted or licensed by an organ of state to offer or supply any goods or services, or is a public-private partnership; or is required or licensed in terms of any public regulation to make the supply of the particular goods or services available to all or part of the public.
On the early effective date as determined in accordance with item 2 of Schedule 2, and subsequently at intervals of not more than ï¬ve years, the Minister, by notice in the Gazette, must determine a monetary threshold applicable to the size of the juristic person for the purposes of section 5(2)(b).
The initial threshold determined by the Minister in terms of this section takes effect on the general effective date as determined in accordance with item 2 of Schedule 2, and each subsequent threshold takes effect six months after the date on which it is published in the Gazette.
include any prescribed information, or address any prescribed categories of information; and comply with the requirements of section 22.
A franchisee may cancel a franchise agreement without cost or penalty within 10 business days after signing such agreement, by giving written notice to the franchisor.
The Minister may prescribe information to be set out in franchise agreements, generally, or within speciï¬c categories or industries.
target particular communities, districts, populations or market segments for exclusive, priority or preferential supply of any goods or services; or exclude a particular community, district, population or market segment from the supply of any goods or services offered by the supplier, on the basis of one or more grounds of unfair discrimination contemplated in section 9 of the Constitution or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act.
determining whether to continue, enforce, seek judgment in respect of, or terminate a transaction or agreement; or determining whether to report, or reporting, any personal information of such person.
Subsections (1) and (2) also apply in respect of a consumer that is an association or juristic person, to prohibit unfair discrimination against that association or juristic person based on the characteristics of any natural person who is a member, associate, owner, manager, employee, client or customer of that association or juristic person.
ï¬nd that any such conduct constitutes unfair discrimination within the meaning of the Constitution or the Promotion of Equality and Prevention of Unfair Discrimination Act.
is a minor who has not yet attained a speciï¬ed age; or is an adult who has attained a speciï¬ed age of at least 60 years.
provide and designate separate but substantially equivalent facilities for the exclusive use of persons of each gender; or offer to supply or provide access to a facility exclusively to persons of one gender.
It is not a contravention of section 8 for a supplier to market any goods or services in a manner that implies or expresses a preference for a particular group of consumers who are distinguishable from the general population on the basis of a ground of discrimination set out in section 9(3) of the Constitution, if the particular goods or services are reasonably intended or designed to satisfy any speciï¬c needs or interests that are common to, or uniquely characteristic of, that particular group of consumers.
assess the reasonableness of any conduct, to the extent contemplated in subsections (1)(b) or (c), (2) or (3), and determine whether any conduct not reasonably justiï¬ed, as contemplated in those subsections, constitutes unfair discrimination within the meaning of the Constitution or the Promotion of Equality and Prevention of Unfair Discrimination Act; or determine whether any conduct contemplated in section 8 was fair in the circumstances of a particular transaction or the marketing of any particular goods or services, as the case may be.
ï¬le a complaint with the Commission, which must refer the complaint to the equality court, if the complaint appears to be valid.
the supplier, when called upon to do so, has refused or failed to offer an alternative reasonable and justiï¬able explanation for the difference in treatment.
require another person to discontinue; or in the case of an approach other than in person, to pre-emptively block, any approach or communication to that person, if the approach or communication is primarily for the purpose of direct marketing.
To facilitate the realisation of each consumer's right to privacy, and to enable consumers to efficiently protect themselves against the activities contemplated in subsection (1), a person who has been approached for the purpose of direct marketing may demand during or within a reasonable time after that communication that the person responsible for initiating the communication desist from initiating any further communication.
The Commission may establish, or recognise as authoritative, a registry in which any person may register a pre-emptive block, either generally or for speciï¬c purposes, against any communication that is primarily for the purpose of direct marketing.
made a demand contemplated in subsection (2); or registered a relevant pre-emptive block as contemplated in subsection (3).
No person may charge a consumer a fee for making a demand in terms of subsection (2) or registering a pre-emptive block as contemplated in subsection (3).
The Minister may prescribe regulations for the operation of a registry contemplated in subsection (3).
A supplier must not engage in any direct marketing directed to a consumer at home for any promotional purpose during a prohibited period prescribed in terms of this section, except to the extent that the consumer has expressly or implicitly requested or agreed otherwise.
In order to protect the privacy of consumers, the Minister, by notice in the Gazette, may prescribe speciï¬c days, dates, public holidays or times of days for the purpose of subsection (1).
offers bundled goods or services separately and at individual prices.
Except to the extent that any other law provides otherwise, in any transaction between a franchisee and franchisor in terms of their franchise agreement, it is a defence to an allegation that the franchisor, as supplier to the franchisee, has contravened this section if any goods or services that the franchisee was required to purchase from or at the direction of the franchisor are reasonably related to the branded products or services that are the subject of the franchise agreement.
This section does not apply to transactions between juristic persons regardless of their annual turnover or asset value.
directs the supplier to terminate the agreement on the expiry date; or agrees to a renewal of the agreement for a further ï¬xed term.
may impose a reasonable cancellation penalty with respect to any goods supplied, services provided, or discounts granted, to the consumer in contemplation of the agreement enduring for its intended ï¬xed term, if any; and must credit the consumer with any amount that remains the property of the consumer as of the date of cancellation, as prescribed in terms of subsection (4).
the manner, form and basis for determining the reasonableness of credits and charges contemplated in subsection (3); and other incidental matters as required to provide for the proper administration of this section.
the service provider has, or takes, possession of that property for the purpose contemplated in this paragraph; or in any other case, the consumer requests an estimate before any services or goods are supplied.
declined the offer of an estimate, and authorised the work; or pre-authorised any charges up to a speciï¬ed maximum, and the amount charged does not exceed that maximum.
any cost of performing any diagnostic work, disassembly or re-assembly required in order to prepare an estimate; or any damage to or loss of material or parts in the course of preparing an estimate, unless, before preparing the estimate the service provider has disclosed the price for preparing that estimate, and the consumer has approved it.
the service provider has informed the consumer of the additional estimated charges; and the consumer has authorised the work to continue.
The Minister may, by notice in the Gazette, prescribe a monetary threshold for the purpose of subsection (1)(a).
This section does not apply to a transaction if section 44 of the Electronic Communications and Transactions Act applies to that transaction.
To the extent that this section applies to a transaction or agreement, it is in addition to and not in substitution for any right to rescind a transaction or agreement that may otherwise exist in law between a supplier and a consumer.
the transaction or agreement was concluded; or the goods that were the subject of the transaction were delivered to the consumer.
receiving notice of the rescission, if no goods had been delivered to the consumer in terms of the transaction; or receiving from the consumer any goods supplied in terms of the transaction; and not attempt to collect any payment in terms of a rescinded transaction, except as permitted in terms of section 20(6).
This section does not apply to a franchise agreement, or in respect of any special-order goods.
Subject to subsections (3) and (4), a consumer has the right to cancel any advance booking, reservation or order for any goods or services to be supplied.
require payment of a reasonable deposit in advance; and impose a reasonable charge for cancellation of the order or reservation, subject to subsection (5).
the reasonable potential for the service provider, acting diligently, to ï¬nd an alternative consumer between the time of receiving the cancellation notice and the time of the cancelled reservation; and the general practice of the relevant industry.
A supplier may not impose any cancellation fee in respect of a booking, reservation or order if the consumer is unable to honour the booking, reservation or order because of the death or hospitalisation of the person for whom, or for whose beneï¬t the booking, reservation or order was made.
Despite any statement or notice to the contrary, a consumer is not responsible for any loss or damage to any goods displayed by a supplier, unless the loss or damage results from action by the consumer amounting to gross negligence or recklessness, malicious behaviour or criminal conduct.
If any goods are displayed in or sold from open stock, the consumer has the right to select or reject any particular item from that stock before completing the transaction.
If the consumer has agreed to purchase goods solely on the basis of a description or sample, or both, provided by the supplier, the goods delivered to the consumer must in all material respects and characteristics correspond to that which an ordinary alert consumer would have been entitled to expect based on the description or on a reasonable examination of the sample, as the case may be.
If a supply of goods is by sample, as well as by description, it is not sufficient that any of the goods correspond with the sample if the goods do not also correspond with the description.
the supply of goods or services to a franchisee in terms of a franchise agreement; or a transaction if the performance of that transaction is governed by section 46 of the Electronic Communications and Transactions Act.
at the cost of the supplier, in the case of delivery of goods; or the agreed place of delivery of goods or performance of services is the supplier's place of business, if the supplier has one, and if not, the supplier's residence; and goods to be delivered remain at the supplier's risk until the consumer has accepted delivery of them, in accordance with this section.
If an agreement does not provide a speciï¬c date or time for delivery of any goods or performance of any services, the supplier must not require that the consumer accept delivery or performance of the services at an unreasonable time.
the consumer does anything in relation to the goods that would be inconsistent with the supplier's ownership of them; or after the lapse of a reasonable time, the consumer retains the goods without intimating to the supplier that the consumer has rejected delivery of them, subject to subsection (5).
are of a type and quality reasonably contemplated in the agreement, and meet the tests set out in section 18(3) and (4); and in the case of a special-order agreement, reasonably conform to the material speciï¬cations of the special order.
require the delivery or performance at the agreed location, date and time, if that date and time have not yet passed; or cancel the agreement without penalty, treating any delivered goods or performed services as unsolicited goods or services in accordance with section 21.
accept delivery of the goods that are in accordance with the agreement and reject the rest; or reject all of the delivered goods.
the right to return unsafe or defective goods, contemplated in section 56; or any other right in law between a supplier and consumer to return goods and receive a refund.
a mixture of goods, and the consumer has refused delivery of any of those goods, as contemplated in section 19(8); or goods intended to satisfy a particular purpose communicated to the supplier as contemplated in section 55(3), and within 10 business days after delivery to the consumer, the goods have been found to be unsuitable for that particular purpose.
for reasons of public health or otherwise, a public regulation prohibits the return of those goods to a supplier once they have been supplied to, or at the direction of, a consumer; or after having been supplied to, or at the direction of, the consumer, the goods have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.
subsection (2)(a) must be returned to the supplier at the consumer's risk and expense; or subsection (2)(b) to (d) must be returned to the supplier at the supplier's risk and expense, within 10 business days after delivery to the consumer.
Upon return of any goods in terms of this section, the supplier must refund to the consumer the price paid for the goods, less any amount that may be charged in terms of subsection (6).
as contemplated in paragraph (b); and for necessary restoration costs to render the goods ï¬t for re-stocking, unless, having regard to the nature of the goods, and the manner in which they were packaged, it was necessary for the consumer to destroy the packaging in order to determine whether the goods- (aa) conformed to the description or sample provided, in the case of goods that had not been examined by the consumer before delivery, as contemplated in subsection (2)(b);or (bb) were ï¬t for the intended purpose, in a case contemplated in subsection (2)(d).
if a supplier delivers a larger quantity of goods than the consumer agreed to buy, the excess goods are unsolicited unless the consumer has rejected the entire delivery, as contemplated in section 19(7)(a);or if any goods have been delivered to, or any services performed for, a consumer by or on behalf of a supplier without the consumer having expressly or implicitly requested that delivery or performance, the goods or services, as the case may be, are unsolicited goods.
those goods are clearly addressed to another person, and have obviously been misdelivered; or having regard to the circumstances of the delivery, if would be apparent to the ordinary alert consumer that the goods were intended to be delivered to another person, the goods become unsolicited goods only if the recipient informs the apparent supplier or the deliverer that the goods were misdelivered, and the goods are not recovered within the following 20 business days.
is not responsible for any cost pertaining to the recovery of the goods or further delivery of them to another person; and is not liable for any loss or damage to the goods during the time they are in the person's possession or control, other than loss caused by the person's intentional interference with the goods, if any.
A person who fails to comply with subsection (3)(a) is liable to the supplier or deliverer, as the case may be, for any additional costs for recovery of, or damage to, the goods arising as a result of anything done to frustrate or impede the lawful recovery of those goods.
retain the goods; or return the goods to the apparent supplier or deliverer at the risk and expense of the supplier or deliverer, as the case may be.
the property in those goods passes unconditionally to the person, subject only to any right or valid claim that an uninvolved third party may have with respect to those goods; and the person who supplied or delivered those goods is liable to any other person in respect of any right or valid claim relating to such goods.
A retailer is not required to display a price for any goods that are displayed predominantly as a form of advertisement of the supplier, or of goods or services, in an area within the supplier's premises to which the public does not ordinarily have access.
a time is speciï¬ed in the catalogue, brochure, circular or similar form of publication as the time after which the goods may not be sold at that price, and that time has not yet passed; or in any other case, the catalogue, brochure, circular or similar form of publication is dated, and in the circumstances may reasonably be regarded as not out of date.
higher than the displayed price for those goods or services; or if more than one price is concurrently displayed, higher than the lower or lowest of the prices so displayed.
Subsection (6) does not apply in respect of the price of any goods or services if the price of those goods or services is determined by or in terms of any public regulation.
If a price that was once displayed has been fully covered and obscured by a second displayed price, that second price must be regarded as the displayed price.
correcting the error in the displayed price; and taking reasonable steps in the circumstances to inform consumers to whom the erroneous price may have been displayed of the error and the correct price.
A supplier is not bound by a price displayed in relationship to any goods or services if an unauthorised person has altered, defaced, covered, removed or obscured the price displayed or authorised by the supplier.
A person has no obligation to pay a supplier for unsolicited goods or services, or a deliverer for the cost of delivery of any unsolicited goods.
A supplier must not demand or assert any right to, or attempt to collect, any payment from a consumer in respect of any charge relating to unsolicited goods left in the possession of a consumer, or the delivery of any such goods, or unsolicited services 5 supplied to or for the beneï¬t of, a consumer, except as contemplated in subsection (4).
No. 55 of 1975.
in plain language, if no form has been prescribed for that notice, document or 20 visual representation.
the use of any illustrations, examples, headings or other aids to reading and understanding.
The Commission may publish guidelines for methods of assessing whether a notice, document or visual representation satisï¬es the requirements of subsection (1)(b).
Guidelines published in terms of subsection (3) may be published for public comment.
Disclosure of price of goods or services 40 23.
section 43 of the Electronic Communications and Transactions Act applies to that transaction.
In this section, ''price'' includes a unit price.
Subject to subsection (4), a retailer must not display any goods for sale without displaying to the consumer a price in relation to those goods.
unless the supplier has applied two or more prices immediately to the goods or services concerned, and the difference between the highest and lower or lowest of those applied prices is equivalent to the advertised or placarded reduction in price.
displayed together with, or in proximity to, the goods in a manner that is likely to lead to the belief that the goods are designated or described by that description; or is contained in any sign, advertisement, catalogue, brochure, circular, wine list, invoice, business letter, business paper or other commercial communication on the basis of which a consumer may request or order the goods.
knowingly apply to any goods a trade description that is likely to mislead the consumer as to any matter implied or expressed in that trade description; or alter, deface, cover, remove or obscure a trade description or trade mark applied to any goods in a manner calculated to mislead consumers.
a trade description applied to those goods is likely to mislead the consumer as to any matter implied or expressed in that trade description; or a trade description or trade mark applied to those goods has been altered as contemplated in subsection (2)(b); and with respect to any goods within the retailer's control, take reasonable steps to prevent any other person from doing anything contemplated in paragraph (a) or subsection (2)(b).
the rules to be used in accordance with any international agreement for the purpose of determining the country of origin of any goods or components of any goods; and the information that is required to be included in any trade description, from among the categories of information contemplated in the deï¬nition of ''trade description'' in section 1.
the country of origin of the goods; and any other prescribed information.
Any person who produces, supplies, imports or packages any prescribed goods must display on, or in association with the packaging of those goods, a notice in the prescribed manner and form that discloses the presence of any genetically modiï¬ed ingredients or components of those goods in accordance with applicable regulations.
have been reconditioned, rebuilt or remade; and that bear the trade mark of the original producer or supplier, must apply a conspicuous notice to those goods stating clearly that they have been reconditioned, rebuilt or remade, as the case may be.
A person who markets any goods that bear a trade mark, but have been imported without the approval or licence of the registered owner of that trade mark, must apply a conspicuous notice to those goods in the prescribed manner and form.
section 43 of the Electronic Communications and Transactions Act applies to that transaction; or the transaction has been exempted in terms of subsection (3).
A supplier of goods or services must provide a written record of each transaction to the consumer to whom any goods or services are supplied.
the amount of any applicable taxes; and the total price of the transaction, including any applicable taxes.
The Minister may, by notice in the Gazette, exempt categories of goods or services, or circumstances of trade, from the application of subsections (2) and (3).
any person whom the intermediary solicits or agrees to represent with respect to the sale of any property or services, or from whom the intermediary accepts any property for the purpose of offering it for sale; and any person from whom the intermediary solicits an offer, or to whom the intermediary offers to supply or supplies- (aa) any service to be performed by a third person; or (bb) any goods or property belonging to a third person; and keep the prescribed records of all relationships and transactions contemplated in this section.
the liquidator of an insolvent estate, in respect of any property of that estate; or a trustee in respect of any trust property.
the information, including the manner and form of delivery of any such information, that an intermediary, or different categories of intermediary, must provide in terms of this section; and any records, including the form and content of any such records, that an intermediary, or different categories of intermediary, must keep in terms of this section.
visibly wear or display a badge or similar identiï¬cation device that satisï¬es any prescribed standards; or provide suitable identiï¬cation on request by the consumer.
the sponsoring of any event; or any other material aspect of the goods or services.
A supplier must not advertise any particular goods or services as being available at a speciï¬ed price in a manner that may result in consumers being misled or deceived in any respect relating to the actual availability of those goods or services from that supplier, at that advertised price.
If a supplier advertises particular goods or services as being available at a speciï¬ed price, and the advertisement expressly states a limitation in respect of the availability of those goods or services from that supplier at that price, the supplier must make those goods or services available at that price, to the extent of the expressed limits.
accepted the offer, and the supplier has supplied or procured another person to supply the goods or services so offered and accepted.
offer to enter into or modify an agreement for the supply of any goods or services; or induce a person to accept any goods or services or to enter into or modify such an agreement, on the basis that the goods or services are to be supplied, or the agreement or modiï¬cation will automatically come into existence, unless the consumer declines such offer or inducement.
An agreement purportedly entered into as a result of an offer or inducement contemplated in subsection (1) is void.
A modiï¬cation of an agreement purportedly agreed to as a result of an offer or inducement contemplated in subsection (1) is void.
A person who is directly marketing any goods or services, and who concludes a transaction or agreement with a consumer, must inform the consumer, in the prescribed manner and form, of the right to rescind that agreement, as set out in section 16.
If a person who has marketed any goods as contemplated in subsection (1) left any goods with the consumer without requiring or arranging payment for them, those goods are unsolicited goods, to which section 21 applies.
a franchise agreement; or a transaction if Chapter 7 of the Electronic Communications and Transactions Act applies to it.
telephonically, if the contact is initiated by the consumer; or by postal order or fax, or in any similar manner in which, with respect to goods, the consumer does not have the opportunity to inspect the goods that are the subject of the transaction before concluding the agreement.
the manner and form in which a complaint may be lodged; and any other prescribed information.
a loyalty programme, loyalty credit or award regulated in terms of section 35; or a promotional competition, as deï¬ned and regulated in terms of section 36.
In this section, ''promotional offer'' means an offer or promise, expressed in any manner, of any prize, reward, gift, free good or service, price reduction or concession, enhancement of quantity or quality of goods or services, irrespective of whether or not acceptance of the offer is conditional on the offeree entering into any other transaction.
fulï¬lling it other than as offered.
the steps required by a consumer to accept the offer or to receive the beneï¬t of the offer; and the particulars of any person from whom, any place where, and any date and time on or at which, the consumer may receive the prize, reward, gift, free good or service, price reduction or concession, enhancement of quantity or quality of goods or services or other discounted or free thing.
not require the consumer to accept an inferior quality of any such goods or services than those generally available to any other consumer on the same date who tenders a different form of consideration; and not impose any monetary charge for the administration, processing or handling of a transaction in respect of which the consumer tenders a trade coupon.
accepted the supplier's offer, and the supplier has supplied or procured another person to supply the goods or services so offered and accepted; or unreasonably refused the supplier's offer.
Despite any provision in any law, agreement or notice to the contrary, for all purposes of this Act, loyalty credits or awards are a legal medium of exchange when offered or tendered as consideration for any goods or services offered, or transaction contemplated, in terms of that loyalty programme.
not providing it; or providing it in a manner other than as offered.
the steps required by a consumer to participate in the programme or to receive any beneï¬t in terms of the programme; and any person from whom, any place where, and any date and time on or at which, the consumer may gain access to the programme, or to any loyalty credit or awards in terms of the programme.
not impose any monetary charge in respect of the administration, processing or handling of such a transaction if the consumer is required to pay a periodic fee to remain a member of the programme; and not demand that the consumer purchase any other goods or services in connection with that transaction.
A sponsor of a loyalty programme, or a supplier of goods or services who accepts loyalty credits or awards as consideration for any particular goods or services, may impose a partial or complete restriction on the availability of any such goods or services in exchange for loyalty credits or awards during any speciï¬c period, if the programme sponsor has directly or indirectly given notice in writing to the members of that programme at least 20 business days before the beginning of that period, but the total of all such periods within a calendar year must not exceed 90 days.
accepted the offer, and the supplier has supplied or procured another person to supply the goods or services so offered and accepted; or unreasonably refused that offer.
(11), irrespective of whether a participant is required to demonstrate any skill or ability before being awarded a prize.
if, before becoming eligible to receive the prize, the person is required to offer further consideration for the prize or to purchase any particular goods or services.
retain a copy of the competition rules for the prescribed period after the end of the competition.
a participant is required to pay any consideration, directly or indirectly, for the opportunity to participate in the promotional competition, for access to the competition or for any device by which a person may participate in the competition; or participation in the promotional competition requires the purchase of any goods or services, and the price charged for those goods or services is more than the price, excluding discounts, ordinarily charged for those or similar goods or services without the opportunity of taking part in a promotional competition.
a person may obtain a copy of the competition rules; and a successful participant may receive any prize.
is published during the time and throughout the area in which the promotional competition is conducted; and draws attention to and is clearly associated with the promotional competition.
complying with any conditions that are required to earn that right; and acquiring possession or control of the medium, if any, through which a person may participate in that promotional competition.
The right to any beneï¬t or right conferred on a person as a result of that person's participation in a promotional competition is fully vested immediately upon the determination of the results of the competition.
paying any consideration to the promoter for the prize; or satisfying any further requirements other than those stipulated in terms of subsection (5).
Section 35(5), read with the changes required by the context, applies equally in respect of any prize or right to a prize conferred on a person as a result of that person's participation in a promotional competition.
minimum standards and forms for keeping records associated with promotional competitions; and audit and reporting requirements in respect of promotional competitions.
represents to others as being practicable, to a considerable extent, to conduct the work, business or activity from their homes; or invites, solicits or requires other persons to perform any work, business or activity, invest money, or perform any work, business or activity in association with the investment of money.
The full name, or registered business name, of the person promoting the matter, and the address and contact numbers of that person's primary place of conducting the business; and the nature of the work, business, activity or investment.
A person must not place an advertisement contemplated in subsection (2) otherwise than in accordance with the requirements of this section.
A person who does anything contemplated in subsection (1)(a) to (c) must not charge any person a fee in respect of the promotion or conduct of any such work, business, activity or investment, except to the extent that the person charged has been assigned and performed the contemplated work, business, activity, or made or received the contemplated investment.
gives the supplier the names of consumers; or otherwise assists the supplier to supply goods or services to other consumers; and that rebate, commission or other beneï¬t is contingent upon an event occurring after the consumer agrees to the transaction.
A statement by a consumer, whether in an agreement or otherwise, to the effect that the consumer was motivated to enter into a transaction contemplated in subsection (1) predominately for the value of the goods or services, rather than for the rebate, commission or beneï¬t, is not a defence to an allegation that a person has contravened subsection (1).
This section does not apply to a franchise agreement.
the agreement has not been ratiï¬ed by either- (aa) an adult responsible for that minor; or (bb) the consumer after being emancipated or becoming an adult.
induced the supplier to believe that the consumer had an unfettered legal capacity to contract; or attempted to obscure or suppress the fact that the consumer did not have an unfettered legal capacity to contract.
demand for, or collection of, payment for goods or services by a consumer; or recovery of goods from a consumer.
In addition to any conduct contemplated in subsection (1), it is unconscionable for a supplier knowingly to take advantage of the fact that a consumer was substantially unable to protect the consumer's own interests because of physical or mental disability, illiteracy, ignorance, inability to understand the language of an agreement, or any other similar factor.
Section 51 applies to any court proceedings concerning this section.
use exaggeration, innuendo or ambiguity as to a material fact, or fail to disclose a material fact if that failure amounts to a deception; or fail to correct an apparent misapprehension on the part of a consumer, amounting to a false, misleading or deceptive representation, or permit or require any other person to do so on behalf of the supplier.
falsely represent that the person has any sponsorship, approval or affiliation; or engage in any conduct that the supplier is prohibited from engaging in under subsection (1).
a particular solicitation of, or communication with, the consumer is for a particular purpose; or the consumer will derive a particular beneï¬t if they assist the supplier in obtaining a new or potential customer.
by or on behalf of the producer, importer, distributor or retailer; and for the purposes of reasonable testing, service, preparation or delivery.
the communication is authorised by another person; or the author of the communication represents another person.
a fraudulent transfer of property or legal rights, as described in subsection (5); or any other scheme declared by the Minister in terms of subsection (8), or cause another person to do so.
producing currency by washing, dipping or otherwise treating any substance that is not currency with a chemical substance, or exposing it to an electrical charge, or to radiation of any kind; or producing currency, or increasing a sum of money, through scientiï¬c means, invocation of any juju or use of other invisible medium; or making or issuing any currency, or making representations as being capable of doing so, unless the person is an authorised producer of that currency.
conceal or disguise the nature, location, source of ownership or control of the proceeds of a speciï¬ed unlawful activity; or avoid a lawful transaction.
deliver property at the direction of the ï¬rst person; or confer a beneï¬t of any kind on any person at the direction of the ï¬rst person on the understanding that the beneï¬t has or will be paid for.
information relating to the whereabouts of any property or relating to any legal rights or potential legal claims; or has the ability to effect the transfer of any property or to locate or determine the whereabouts of an individual.
invite another person to participate for a fee in assisting to effect a transfer of any property that the ï¬rst person is not authorised to transfer; or seek, demand or accept any consideration from another person in connection with any unlawful activity contemplated in this section.
The Minister, by regulation made in accordance with section 120, may declare any arrangement, agreement, practice or scheme to be a scheme contemplated in subsection (2)(d), if it is similar in purpose or effect to a scheme contemplated in that subsection.
''participant'' means a person who is admitted to a scheme for consideration.
a chain letter scheme, as described in subsection (5); or any other scheme declared by the Minister in terms of subsection (6), or cause any other person to do so.
A multiplication scheme exists when a person offers, promises or guarantees to any consumer, investor or participant an effective annual interest rate, as calculated in the prescribed manner, that is at least 20 per cent above the REPO Rate determined by the South African Reserve Bank as at the date of investment or commencement of participation, irrespective of whether the consumer, investor or participant becomes a member of the lending party.
participants in the scheme receive compensation derived primarily from their respective recruitment of other persons as participants, rather than from the sale of any goods or services; or the emphasis in the promotion of the scheme indicates an arrangement or practice contemplated in paragraph (a).
upon recruiting further new participants, or upon those new participants recruiting further new participants, and so on in continual succession- (aa) may participate in the distribution of the consideration paid by any such new recruit; and (bb) moves to a higher level within the scheme, until being removed from the scheme after reaching the highest level.
such a charge or encumbrance is disclosed in writing to the consumer before the transaction or agreement is concluded; or the supplier and consumer have colluded to defraud the third party; and the supplier guarantees that the consumer is to have and enjoy quiet possession of the goods, subject to any charge or encumbrance disclosed as contemplated in paragraph (c)(i).
If, as a result of any transaction or agreement in which goods are supplied to a consumer, a right or claim of a third party pertaining to those goods is infringed or compromised the supplier is liable to the third party to the extent of the infringement or compromise of that person's rights pertaining to those goods, except to the extent of a charge or encumbrance disclosed as contemplated in subsection (1)(c)(i).
In this section, ''auction'' includes a sale in execution of or pursuant to a court order, to the extent that the order contemplates that the sale is to be conducted by an auction.
When goods are put up for sale by auction in lots, each lot is, unless there is evidence to the contrary, regarded to be the subject of a separate transaction.
A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in any other customary manner, and until that announcement is made, a bid may be retracted.
a reserved or upset price; or a right to bid by or on behalf of the owner or auctioneer, in which case the owner or auctioneer, or any one person on behalf of the owner or auctioneer, as the case may be, may bid at the auction.
the auctioneer must not knowingly accept any bid from a person contemplated in paragraph (a); and the consumer may approach a court to declare the transaction fraudulent, if this subsection has been violated.
the records to be maintained with respect to property placed for auction; and the sale of any such property by auction.
The supply of goods or services as a result of a change to an existing agreement, or a deferral or waiver of a right under an existing agreement, is not to be treated as creating a new agreement for the purposes of this Act, if the change, deferral or waiver is made in accordance with this Act or the agreement.
from the date of delivery of the substituted goods, the transaction applies to the substituted goods rather than the goods originally described; and if the transaction was the subject of a written agreement, or the sales record identiï¬ed any speciï¬c goods, the supplier must prepare and deliver to the consumer an amended agreement or sales record, describing the substituted goods, but without making any other changes to the original document.
a franchise agreement; or a consumer agreement pertaining to the supply of any special-order goods.
has no reasonable basis to assert an intention to supply those goods or provide those services; or intends to supply goods or services that are materially different from the goods or services in respect of which the payment or consideration was accepted.
refund to the consumer the amount, if any, paid in respect of that commitment or reservation, together with interest at the prescribed rate from the date on which the amount was paid until the date of reimbursement; and in addition, compensate the consumer for costs directly incidental to the supplier's breach of the contract, except to the extent that subsection (5) provides otherwise.
the shortage of stock or capacity is due to circumstances beyond the supplier's control, subject to subsection (6); and the supplier took reasonable steps to inform the consumer of the shortage of stock or capacity as soon as it was practicable to do so in the circumstances.
Without limiting the generality of subsection (5)(a), a shortage of stock or capacity is not ''due to circumstances beyond the supplier's control'' if the shortage results partially, completely, directly or indirectly from a failure on the part of the supplier to adequately and diligently carry out any ordinary or routine matter pertaining to the supplier's business.
waive any liability of the supplier, on terms that are unfair, unreasonable or unjust, or impose any such terms as a condition of entering into a transaction.
the term, condition or notice is unfair, unreasonable, unjust or unconscionable; or the fact, nature and effect of that term, condition or notice was not drawn to the attention of the consumer in a manner that satisï¬ed the applicable requirements of section 49.
impose an obligation on the consumer to indemnify the supplier or any other person for any cause; or be an acknowledgement of any fact by the consumer, must be drawn to the attention of the consumer in a manner and form that satisï¬es the formal requirements of subsections (3) to (5).
the presence of which the consumer could not reasonably be expected to be aware or notice, or which an ordinarily alert consumer could not reasonably be expected to notice or contemplate in the circumstances; or that could result in serious injury or death, the supplier must speciï¬cally draw the fact, nature and potential effect of that risk to the attention of the consumer in a manner and form that satisï¬es the requirements of subsections (3) to (5), and the consumer must have assented to that provision or notice by signing or initialling the provision or otherwise acting in a manner consistent with acknowledgement of the notice, awareness of the risk and acceptance of the provision.
A provision, condition or notice contemplated in subsection (1) or (2) must be written in plain language, as described in section 22.
enters into the transaction or agreement, begins to engage in the activity, or enters or gains access to the facility; or is required or expected to offer consideration for the transaction or agreement.
The consumer must be given an adequate opportunity in the circumstances to receive and comprehend the provision or notice as contemplated in subsection (1).
The Minister may prescribe categories of consumer agreements that are required to be in writing.
satisfy the requirements of section 22; and set out an itemised break-down of the consumer's ï¬nancial obligations under such agreement.
If a consumer agreement between a supplier and a consumer is not in writing, a supplier must keep a record of transactions entered into over the telephone or any other recordable form as prescribed.
deposit with the supplier, or with any other person at the direction of the supplier, an identity document, credit or debit card, bank account or automatic teller machine access card, or any similar identifying document or device; or provide a personal identiï¬cation code or number to be used to access an account.
give the supplier temporary or permanent possession of an instrument referred to in subsection (1)(j)(i) other than for the purpose of identiï¬cation, or to make a copy of such instrument; or reveal any personal identiï¬cation code or number contemplated in subsection (1)(j)(ii); or direct, or knowingly permit, any other person to do anything referred to in this section on behalf or for the beneï¬t of the supplier.
A purported transaction or agreement, provision, term or condition of a transaction or agreement, or notice to which a transaction or agreement is purported to be subject, is void to the extent that it contravenes this section.
This section does not preclude a supplier to require a personal identiï¬cation code or number in order to facilitate a transaction that in the normal course of business necessitates the provision of such code or number.
the supplier contravened section 40, 41 or 48; and this Act does not otherwise provide a remedy sufficient to correct the relevant prohibited conduct, unfairness, injustice or unconscionability, the court, after considering the principles, purposes and provisions of this Act, and the matters set out in subsection (2), may make an order contemplated in subsection (3).
the amount for which, and circumstances under which, the consumer could have acquired identical or equivalent goods or services from a different supplier; and in the case of supply of goods, whether the goods were manufactured, processed or adapted to the special order of the consumer.
requiring the supplier to cease any practice, or alter any practice, form or document, as required to avoid a repetition of the supplier's conduct.
make any further order that is just and reasonable in the circumstances with respect to that agreement, provision or notice, as the case may be.
''unsafe'' means that, due to a characteristic, failure, defect or hazard, particular goods present an extreme risk of personal injury or property damage to the consumer or to other persons.
the use, delivery or installation of goods that are free of defects and of a quality that persons are generally entitled to expect, if any such goods are required for performance of the services; and the return of any property or control over any property of the consumer in at least as good a condition as it was when the consumer made it available to the supplier for the purpose of performing such services, having regard to the circumstances of the supply, and any speciï¬c criteria or conditions agreed between the supplier and the consumer before or during the performance of the services.
remedy any defect in the quality of the services performed or goods supplied; or refund to the consumer a reasonable portion of the price paid for the services performed and goods supplied, having regard to the extent of the failure.
This section does not apply to goods bought at an auction, as contemplated in section 45.
will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.
ordinarily offers to supply such goods; or acts in a manner consistent with being knowledgeable about the use of those goods, the consumer has a right to expect that the goods are reasonably suitable for the speciï¬c purpose that the consumer has indicated.
the range of things that might reasonably be anticipated to be done with or in relation to the goods; and the time when the goods were produced and supplied.
it is irrelevant whether a product failure or defect was latent or patent, or whether it could have been detected by a consumer before taking delivery of the goods; and a product failure or defect may not be inferred in respect of particular goods solely on the grounds that better goods have subsequently become available from the same or any other producer or supplier.
has been expressly informed that particular goods were offered in a speciï¬c condition; and has expressly agreed to accept the goods in that condition, or knowingly acted in a manner consistent with accepting the goods in that condition.
In any transaction or agreement pertaining to the supply of goods to a consumer there is an implied provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be.
repair or replace the failed, unsafe or defective goods; or refund to the consumer the price paid by the consumer, for the goods.
replace the goods; or refund to the consumer the price paid by the consumer for the goods.
any other implied warranty or condition imposed by the common law, this Act or any other public regulation; and any express warranty or condition stipulated by the producer or importer, distributor or retailer, as the case may be.
A service provider warrants every new or reconditioned part installed during any repair or maintenance work, and the labour required to install it, for a period of three months after the date of installation or such longer period as the supplier may specify in writing.
is void if the consumer has subjected the part, or the goods or property in which it was installed, to misuse or abuse; and does not apply to ordinary wear and tear, having regard to the circumstances in which the goods are intended to ordinarily be used.
risk of which a consumer could not reasonably be expected to be aware, or which an ordinarily alert consumer could not reasonably be expected to contemplate, in the circumstances; or risk that could result in serious injury or death, must speciï¬cally draw the fact, nature and potential effect of that risk to the attention of consumers in a form and manner that meets the standards set out in section 49.
A person who packages any hazardous or unsafe goods for supply to consumers must display on or within that packaging a notice that meets the requirements of section 22, and any other applicable standards, providing the consumer with adequate instructions for the safe handling and use of those goods.
Subsection (2) does not apply to any hazardous or unsafe goods to the extent that a substantially similar label or notice has been applied in terms of any other public regulation.
any document required in terms of that subsection; or any similar document applied to those goods in terms of another public regulation.
any person who in the ordinary course of business supplies goods of that kind to consumers, must accept the return of any such goods, components, remnants, containers or packaging from any consumer, without charge to the consumer, irrespective of whether that person supplied the particular object to that particular consumer; and any person who in the ordinary course of business produces, imports or distributes any such goods as part of the supply chain by which those goods reach the consumer, must in turn accept the return of any such goods, components, remnants, containers or packaging from any supplier contemplated in paragraph (a).
If any regulation or industry waste management plan approved by any other legislation for the management of a speciï¬c waste type applies, the consumer may dispose or deposit the goods to a collection facility provided for in the regulation or industry waste management plan.
notify consumers of the nature, causes, extent and degree of the risk pertaining to those goods; and if the goods are unsafe, recall those goods for repair, replacement or refund.
conduct an investigation contemplated in subsection (1); or carry out a recall programme on any terms required by the Commission.
A producer or importer affected by a notice issued in terms of subsection (2) may apply to the Tribunal to set aside the notice in whole or in part.
a product failure, defect or hazard in any goods; or inadequate instructions or warnings provided to the consumer pertaining to any hazard arising from or associated with the use of any goods, irrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor or retailer, as the case may be.
A supplier of services who, in conjunction with the performance of those services, applies, supplies, installs or provides access to any goods, must be regarded as a supplier of those goods to the consumer, for the purposes of this section.
If, in a particular case, more than one person is liable in terms of this section, their liability is joint and several.
the latest date on which a person suffered any economic loss contemplated in subsection (5)(d).
any loss of, or physical damage to, any property, irrespective of whether it is movable or immovable; and any economic loss that results from harm contemplated in paragraph (a), (b) or (c).
determine the extent and monetary value of any damages, including economic loss; or apportion liability among persons who are found to be jointly and severally liable.
each amount paid by the consumer to the supplier remains the property of the consumer, and is subject to section 65, until the goods have been delivered to the consumer; and the particular goods remain at the risk of the supplier until the goods have been delivered to the consumer.
the money paid by the consumer, with interest in accordance with the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975), if the inability to supply the goods is due to circumstances beyond the supplier's control; or double the amount paid by the consumer, as compensation for breach of contract in any circumstances not contemplated in subparagraph (i).
Without limiting the generality of subsection (2)(b)(i), a failure to supply the goods is not ''due to circumstances beyond the supplier's control'' if the shortage results partially, completely, directly or indirectly from a failure on the part of the supplier to adequately and diligently carry out any ordinary or routine matter pertaining to the supplier's business.
may charge a termination penalty in respect of those goods, subject to subsections (5) and (6); and after deducting any such termination penalty, must refund to the consumer any amount paid by the consumer under that agreement.
if the consumer's failure to complete payment was due to the death or hospitalisation of the consumer; or in any other case, unless the supplier informed the consumer of the fact and extent of the penalty before the consumer entered into the lay-by agreement.
The Minister may prescribe a basis for calculating the maximum amount of a cancellation penalty contemplated in subsection (4).
accepts consideration from a person in exchange for a prepaid certiï¬cate, card, credit, voucher or similar device; and expressly or implicitly agrees to provide goods or services to any person who subsequently presents that certiï¬cate, card, credit, voucher or similar device, up to the value represented by it, but does not apply with respect to such a device, or the value represented by it, after all of the value of the device has been exchanged for goods, services or future access to services.
the date on which its full value has been redeemed in exchange for goods or services or future access to services; or three years after the date on which it was issued, or at the end of a longer or extended period agreed by the supplier at any time.
Any consideration paid by a consumer to a supplier in exchange for a prepaid certiï¬cate, card, credit, voucher or similar device contemplated in subsection (1) is the property of the bearer of that certiï¬cate, card, credit, voucher or similar device to the extent that the supplier has not redeemed it in exchange for goods or services, or future access to services.
a one-time or periodic membership fee or any similar charge; or any amount in respect of services or access to services to be provided at a date more than 25 business days after the payment is made, other than by way of a prepayment device contemplated in section 63, the amount so paid remains the property of the consumer until the supplier makes a charge against it in accordance with subsection (2).
A supplier may make a charge against the consumer's money contemplated in subsection (1) once each month in advance for the pro-rata portion of the amount so held, as required to pay the ensuing month's cost of the membership or service.
give written notice of that intention to such consumer at least 40 business days before the intended date of closure; and no later than ï¬ve business days after closing that facility, refund to such consumer the balance of any money belonging to that consumer in terms of this section.
Subsection (3)(b), read with the changes required by the context, applies equally in respect of any involuntary closing of a facility contemplated in this section.
a bank, as deï¬ned in the Banks Act, 1990 (Act No.
a mutual bank, as deï¬ned in the Mutual Banks Act, 1993 (Act No. 124 of 1993); or any other ï¬nancial institution that is similarly licensed and authorised to conduct business and take deposits from the public in terms of any national legislation.
in the handling, safeguarding and utilisation of that property, must exercise the degree of care, diligence and skill that can reasonably be expected of a person responsible for managing any property belonging to another person; and is liable to the owner of the property for any loss resulting from a failure to comply with paragraph (a) or (b).
in good faith; and without knowledge of the existence of the consumer's interest.
alter, or propose to alter, the terms or conditions of a transaction or agreement with the consumer, to the detriment of the consumer; or take any action to accelerate, enforce, suspend or terminate an agreement with the consumer.
alter the terms or conditions of any other transaction or agreement with another party to the impugned agreement, except to the extent necessary to correct a similarly unlawful provision; or take any action to accelerate, enforce, suspend or terminate another agreement with another party to the impugned agreement.
The Minister may, in consultation with the Minister of Environmental Affairs and Tourism, prescribe a minimum or maximum deposit that a supplier must or may require a consumer to pay in respect of the return of a bottle, container, pallet, reel or similar object used in respect of the packaging or delivery of any goods.
that the supplier charged for that object, or ordinarily charges for such an object, irrespective of whether the person returning the container paid a deposit for that object to that supplier.
return those parts or components to the consumer in a reasonably clean container, unless the consumer declined the return of any such parts or materials.
in terms of any public regulation, to be recovered or disposed of in a safe manner in the interests of environmental safety or public health and safety.
ï¬ling a complaint with the Commission in accordance with section 71; or approaching a court with jurisdiction over the matter, if all other remedies available to that person in terms of national legislation have been exhausted.
a person or entity providing conciliation, mediation or arbitration services to assist in the resolution of consumer disputes, other than an ombud with jurisdiction, or an accredited industry ombud; or applying to the consumer court of the province with jurisdiction over the matter, if there is such a consumer court, subject to the law establishing or governing that consumer court.
If an alternative dispute resolution agent concludes that there is no reasonable probability of the parties resolving their dispute through the process provided for, the agent may terminate the process by notice to the parties, whereafter the party who referred the matter to the agent may ï¬le a complaint with the Commission in accordance with section 71.
record the resolution of that dispute in the form of an order, and if the parties to the dispute consent to that order, submit it to the Tribunal or the High Court to be made a consent order, in terms of its rules.
With the consent of a complainant, a consent order conï¬rmed in terms of subsection (3)(b) may include an award of damages to that complainant.
Any person may ï¬le a complaint concerning a matter contemplated in section 69 (1)(c)(ii) or (2)(b) with the Commission in the prescribed manner and form, alleging that a person has acted in a manner inconsistent with this Act.
an accredited consumer protection group.
refer the complaint to another regulatory authority with jurisdiction over the matter for investigation; or direct an inspector to investigate the complaint as quickly as practicable, in any other case.
At any time during an investigation, the Commission may designate one or more persons to assist the inspector conducting the investigation contemplated in subsection (1).
issue a compliance notice in terms of section 100.
there is a consumer court in that province; and the Commission believes that the issues raised by the complaint can be dealt with expeditiously and fully by such a referral; or to the Tribunal.
If the Commission refers a matter to a consumer court in terms of subsection (2)(a), any party to that referral may apply to the Tribunal, in the prescribed manner and form and within the prescribed time, for an order that the matter be referred to the Tribunal.
If an application has been made to the Tribunal in terms of subsection (3), the Tribunal may order that the matter be referred to it instead of the consumer court if the balance of convenience or interests of justice so require.
must conduct its proceedings in a manner consistent with the requirements applicable to hearings of the Tribunal; and may make any order that the Tribunal could have made after hearing that matter.
An order of a consumer court made after hearing a matter referred to in terms of this section has the same force and effect as if it had been made by the Tribunal.
If a matter has been investigated by the Commission, and the Commission and the respondent agree to the proposed terms of an appropriate order, the Tribunal or a court, without hearing any evidence, may conï¬rm that agreement as a consent order.
indicate any changes that must be made in the draft order before it will make the order; or refuse to make the order.
With the consent of a complainant, a consent order conï¬rmed in terms of subsection (1) may include an award of damages to the complainant.
the Tribunal, with leave of the Tribunal.
If a matter is referred directly to a consumer court in terms of subsection (1), the respondent may apply to the Tribunal, in the prescribed manner and form and within the prescribed time, for an order that the matter be referred to the Tribunal, and the provisions of section 73(4) apply to such an application.
A referral to the Tribunal, whether by the Commission or by a complainant in 10 terms of subsection (1), must be in the prescribed form.
151 of the National Credit Act, read with the changes required by the context.
an application for an extension of time, to the extent that the Tribunal has 25 authority to grant such an extension in terms of this Act.
award damages against a supplier for collective injury to all or a class of 35 consumers generally, to be paid on any terms or conditions that the court considers just and equitable and suitable to achieve the purposes of this Act.
to recover money paid if the consideration for the payment of it has failed.
participation in national and international associations, conferences or forums concerned with consumer protection matters.
intervene in any matter before any forum contemplated in this Act, if the interests of consumers represented by that group are not otherwise adequately represented in that forum.
In addition to any other authority set out in this Act, an accredited consumer protection group may direct a generally stated concern or complaint to the Commission in respect of any matter within the purposes of this Act.
engages in, or makes a realistic proposal to engage in, actions to promote and advance the consumer interests of persons contemplated in section 3(1)(b).
The Commission may impose reasonable conditions on the accreditation of a consumer protection group to further the purposes of this Act.
Commission to follow in assessing whether an applicant for accreditation meets the 40 requirements of this section.
a business name registered to, and for the use of, that person in terms of section 80, or any other public regulation.
if the activity is carried on under a business name, the name of the person to whom that business name is registered.
does anything contemplated in subsection (1) under a business name that is registered to another person, that other person may apply to the court for an order contemplated in subsection (4).
The court hearing an application contemplated in subsection (3)(c) may make an order directing a person to stop using a business name within a period, and on any terms, that the court considers just, equitable and expedient in the circumstances.
change a registered business name; or transfer a registered business name to another person.
a business name, or translation or change of a business name, as ï¬led, if it satisï¬es the requirements of section 81; or a transfer of a business name, as ï¬led.
the Registrar must notify the applicant accordingly; and the procedures set out in the Companies Act, 1973 (Act No. 61 of 1973), for resolving disputed names of companies, read with the changes required by the context, apply to the resolution of the disputed business name.
satisfactory evidence that the person is conducting business under the registered business name; or a reasonable explanation for not conducting business under that name as noted by the Registrar.
A person affected by a decision of the Registrar in terms of subsection (4) may apply to the Tribunal to review the determination.
round brackets used in pairs to isolate any part of the name, alone or in any combination.
a name of a juristic person incorporated in terms of the Companies Act, 1973 (Act No. 61 of 1973), the Close Corporations Act, 1984 (Act No. 69 of 1984), or the Co-operatives Act, 2005 (Act No.
a registered trade mark belonging to another person, or a mark in respect of which an application has been ï¬led in the Republic for registration as a trade mark or a well-known trade mark as contemplated in section 35 of the Trade Marks Act, 1993 (Act No.
a mark, word or expression, the use of which is restricted or protected in terms of the Merchandise Marks Act, 1941 (Act No.
must not include any words, expression or symbol that, in isolation or in context within the name, fall into the category of expression contemplated in section 16(2) of the Constitution.
The Minister may prescribe additional commonly recognised symbols for use in business names, as contemplated in subsection (1)(c).
''proposal'' or ''proposed industry code'' includes any existing scheme that has been voluntarily established within an industry to regulate the conduct of persons conducting business within that industry.
prescribe an industry code on the recommendation of the Commission in terms of subsection (3); or withdraw all or part of a previously prescribed industry code, on the recommendation of the Commission in terms of subsection (5).
persons conducting business within the relevant industry; and relevant accredited consumer protection groups; and making any revisions to the proposed industry code as published for comment.
An industry code must be consistent with the purposes and policies of this Act.
may otherwise conduct a review contemplated in paragraph (a) at intervals of at least ï¬ve years; and after conducting a review contemplated in this subsection, and taking the steps required by subsection (3), may make further recommendations to the Minister, including a recommendation to amend or withdraw all or part of a previously prescribed code.
a proposed industry code provides for a scheme of alternative dispute resolution; and the Commission considers that the scheme is adequately situated and equipped to provide alternative dispute resolution services comparable to those generally provided in terms of any public regulation, the Commission, when recommending that code to the Minister, may also recommend that the scheme be accredited as an ''accredited industry ombud''.
monitoring in terms of paragraph (a);or a review in terms of subsection (5).
A supplier must not, in the ordinary course of business, contravene an applicable industry code.
Commission and one or more provincial consumer protection authorities, concerning the functions to be performed by them relating to consumer protection.
within a particular province, no provincial consumer protection authority has been established; or the Minister concludes on reasonable grounds that the provincial consumer protection authority within a particular province is unable to perform that function effectively, the Minister must consult with the responsible MEC of that province to determine the steps to be taken to ensure the fulï¬lment of that statutory obligation.
provide technical assistance or expertise to that provincial consumer protection authority.
At the request of the relevant MEC of a province, or a provincial consumer protection authority, the Commission may engage with that provincial consumer protection authority in co-operative activities to detect and suppress prohibited conduct or offences in terms of this Act, if there are reasonable grounds to believe that any such conduct or offences may be occurring within the province, or across its provincial 15 boundaries.
At the direction of the Minister, the Commission must engage with any relevant provincial consumer protection authority in co-operative activities to detect and suppress prohibited conduct or offences in terms of this Act, occurring within the province or across its provincial boundaries.
The Commission may request a provincial consumer protection authority to submit any report or information related to the activities of that provincial consumer protection authority to the Commission.
request the Commission to initiate a complaint in respect of any apparent prohibited conduct or offence in terms of this Act arising within that province.
The National Consumer Commission is hereby established as an organ of state within the public administration, but as an institution outside the public service.
an alleged contravention of this Act; or any matter or circumstances with respect to the purposes of this Act, whether or not those circumstances appear at the time of the direction to amount to a possible contravention of this Act.
is responsible for all matters pertaining to the functions of the Commission under this Act; and holds office for an agreed term not exceeding ï¬ve years.
Before the Minister makes an appointment in terms of subsection (1) the relevant Parliamentary Committee must be consulted with respect to such appointment.
A person may be reappointed as Commissioner on the expiry of an agreed term of office.
all assets, and the discharge of all liabilities of the Commission; and the proper and diligent implementation of the Public Finance Management Act, 1999 (Act No. 1 of 1999), with respect to the Commission.
assign management or other duties to employees with appropriate skills to assist the Commission in the management, or control over the functioning, of the Commission; and delegate, with or without conditions, any of the powers or functions of the Commissioner to any suitably qualiï¬ed employee of the Commission, but any such delegation does not divest the Commissioner of responsibility for the exercise of any power or performance of any duty.
The Minister must appoint at least one person, and may appoint other persons with suitable qualiï¬cations and experience in economics, law, commerce, industry or public affairs as Deputy Commissioner to assist the Commissioner in carrying out the functions of the Commission.
the Commissioner is unable for any reason to perform the functions of the Commissioner; or the office of the Commissioner is vacant.
The Minister must, in consultation with the Minister of Finance, determine the Commissioner's and Deputy Commissioner's remuneration, allowances, beneï¬ts and other terms and conditions of employment.
may appoint any suitable employee of the Commission or any other suitable person employed by the State, as an inspector; and must issue each inspector with a certiï¬cate in the prescribed form stating that the person has been appointed as an inspector in terms of this Act.
is affected by the inspector's actions in terms of this Act; and requests to see the certiï¬cate; and has the powers of a peace officer as deï¬ned in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and may exercise the powers conferred on a peace officer by law.
The Commissioner may appoint or contract with any suitably qualiï¬ed person as an investigator to conduct research, audits, inquiries or other investigations on behalf of the Commission.
A person appointed in terms of subsection (3) is not an inspector within the meaning of this Act.
make private use of, or proï¬t from, any conï¬dential information obtained as a result of performing that person's official functions in the Commission; or divulge any information referred to in paragraph (c) to any third party, except as required as part of that person's official functions within the Commission.
income derived from its investment and deposit of surplus money in terms of subsection (2); and money accruing from any other source.
on a call or short-term ï¬xed deposit with any registered bank or ï¬nancial institution in the Republic; or in an investment account with the Corporation for Public Deposits established in terms of section 2 of the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984).
begins on the early effective date, as deï¬ned in item 1 of Schedule 2; and ends on the next following 31 March.
At least once every ï¬ve years, the Minister must conduct an audit review of the exercise of the functions and powers of the Commission.
In addition to any other reporting requirement set out in this Act, the Commission must report to the Minister at least once every year on its activities, as required by the Public Finance Management Act, 1999 (Act No. 1 of 1999).
The Commission is responsible to carry out the functions and exercise the powers assigned to it by or in terms of this Act or any other national legislation.
have regard to international developments in the ï¬eld of consumer protection; or consult any person, organisation or institution with regard to any matter relating to consumer protection.
In respect to a particular matter within its jurisdiction or responsibility, the Commission may exercise its responsibility by way of an agreement contemplated in section 97(1)(b).
The Minister must prescribe at least two official languages to be used by the Commission in any documents it is required to deliver in terms of this Act, for all or any part of the Republic, to give maximum effect to the requirements set out in section 6(3) and (4) of the Constitution.
alternative dispute resolution in terms of section 70; or any other matter to better achieve the purposes of this Act.
Codes developed by the Commission in terms of subsection (1) must be published for public comment before ï¬nalisation.
report from time to time to the Minister with recommendations for achieving the progressive transformation and reform of law contemplated in this section.
identifying any practices that are inconsistent with the purposes and policies of this Act; and developing proposals for reform of any such practices; and report from time to time to the Minister with recommendations for achieving the progressive transformation and reform of practices contemplated in this section.
monitoring in terms of paragraph (a);or a report prepared in terms of subsection (1)(b).
publishing any orders and ï¬ndings of the Tribunal or a court in respect of a breach of the Act.
referring to the Competition Commission any concerns regarding market share, anti-competitive behaviour or conduct that may be prohibited in terms of the Competition Act, 1998 (Act No.
referring matters to the Tribunal, and appearing before the Tribunal, as permitted or required by this Act; and referring alleged offences in terms of this Act to the National Prosecuting Authority.
advise, or receive advice from, any regulatory authority.
exercise its jurisdiction by way of such an agreement in respect of a particular matter within its jurisdiction.
The President may assign to the Commission any duty of the Republic to exchange information with a similar foreign agency in terms of an international agreement relating to the purposes of this Act.
advise the Minister in respect of any matter referred to it by the Minister.
Subject to subsection (2), the Commission may issue a compliance notice in the prescribed form to a person or association of persons whom the Commission on reasonable grounds believes has engaged in prohibited conduct.
Before issuing a notice in terms of subsection (1) to a regulated entity, the Commission must consult with the regulatory authority that issued a licence to that regulated entity.
it is set aside by the Tribunal, or a court upon a review of a Tribunal decision concerning the notice; or the Commission issues a compliance certiï¬cate contemplated in subsection (5).
If the requirements of a compliance notice issued in terms of subsection (1) have been satisï¬ed, the Commission must issue a compliance certiï¬cate.
apply to the Tribunal for the imposition of an administrative ï¬ne; or refer the matter to the National Prosecuting Authority for prosecution as an offence in terms of section 110(2), but may not do both in respect of any particular compliance notice.
15 business days after receiving that notice; or such longer period as may be allowed by the Tribunal on good cause shown.
After considering any representations by the applicant and any other relevant information, the Tribunal may conï¬rm, modify or cancel all or part of a notice.
If the Tribunal conï¬rms or modiï¬es all or part of a notice, the applicant must comply with that notice as conï¬rmed or modiï¬ed, within the time period speciï¬ed in it.
to appear before the Commission, or before an inspector or independent investigator, to be questioned at a time and place speciï¬ed in the summons; or to deliver or produce to the Commission, or to an inspector or independent investigator, any book, document or other object referred to in paragraph (a) at a time and place speciï¬ed in the summons.
must be signed by the Commissioner, or by an employee of the Commission designated by the Commissioner; and may be served in the same manner as a subpoena in a criminal case issued by the magistrate's court.
interrogate and administer an oath to, or accept an affirmation from, the person named in the summons; and retain any such book, document or other object for examination, for a period not exceeding two months, or such longer period as the Tribunal, on application and good cause shown, may allow.
No self-incriminating answer given or statement made by any person to the Commission, or an inspector or investigator exercising powers in terms of this Act, will be admissible as evidence against that person in criminal proceedings against that person instituted in any court, except in criminal proceedings for perjury or in which that person is tried for an offence contemplated in section 108(3) or 109(2)(d), and then only to the extent that the answer or statement is relevant to prove the offence charged.
a contravention of this Act has taken place, is taking place, or is likely to take place on or in those premises; or anything connected with an investigation in terms of this Act is in the possession of, or under the control of, a person who is on or in those premises.
identify the premises that may be entered and searched; and authorise an inspector or a police officer to enter and search the premises and to do anything listed in section 104.
A warrant to enter and search may be executed only during the day, unless the judge, regional magistrate or magistrate who issued it authorises that it may be executed at night at a time that is reasonable in the circumstances.
A person authorised by warrant issued in terms of subsection (2) may enter and search premises named in that warrant.
seize any output from that computer for examination and copying; and attach and if necessary remove from the premises for examination and safekeeping anything that has a bearing on the investigation.
Section 102(5) applies equally to an answer given or statement made to an inspector or police officer in terms of this section.
An inspector authorised to conduct an entry and search in terms of section 103 may be accompanied and assisted by a police officer.
A person who enters and searches any premises under section 104 must conduct the entry and search with strict regard for decency and order, and with regard for each person's right to dignity, freedom, security and privacy.
During any search under section 104(1)(c), only a female inspector or police officer may search a female person, and only a male inspector or police officer may search a male person.
advise that person of the right to be assisted at the time by an advocate or attorney; and allow that person to exercise that right.
A police officer who is authorised to enter and search premises under section 103, or who is assisting an inspector who is authorised to enter and search premises under section 104, may overcome resistance to the entry and search by using as much force as is reasonably required, including breaking a door or window of the premises.
Before using force in terms of subsection (6), a police officer must audibly demand admission and must announce the purpose of the entry, unless it is reasonable to believe that doing so may induce someone to destroy or dispose of an article or document that is the object of the search.
When submitting information to the Commission, the Tribunal, or an inspector or investigator appointed in terms of this Act, a person may claim that all or part of that information is conï¬dential.
Any claim contemplated in subsection (1) must be supported by a written statement explaining why the information is conï¬dential.
will be treated as if it had been determined to be conï¬dential.
When making any ruling, decision or order in terms of this Act, the Commission or Tribunal may take into account any information that has been the subject of a claim in terms of subsection (1).
If any reasons for a decision in terms of this Act would reveal any information that has been the subject of a claim in terms of subsection (1), the Commission or Tribunal, 5 as the case may be, must provide a copy of the proposed reasons to the party claiming conï¬dentiality at least ï¬ve business days before publishing those reasons.
Within ï¬ve business days after receiving a notice in terms of subsection (3)(b),or a copy of proposed reasons in terms of subsection (5), a party may apply to a court for an appropriate order to protect the conï¬dentiality of the relevant information.
as a result of initiating a complaint or participating in any proceedings in terms of this Act.
at the request of an inspector, regulatory authority or Tribunal member entitled to receive the information.
It is an offence to hinder, oppose, obstruct or unduly inï¬uence any person 25 who is exercising a power or performing a duty delegated, conferred or imposed on that person by this Act.
fails to produce a book, document or other item as ordered, if it is in the possession of, or under the control of, that person.
gives false evidence, knowing or believing it to be false.
Offences relating to Commission and Tribunal 40 109. (1) A person commits an offence if that person contravenes or fails to comply with an order of the Tribunal.
It is an offence for any person to alter, obscure, falsify, remove or omit a displayed price, labelling or trade description without authority.
It is an offence to fail to act in accordance with a compliance notice, but no person may be prosecuted for such an offence in respect of the compliance notice if, as a result of the failure of that person to comply with that notice, the Commission has applied to the Tribunal for the imposition of an administrative ï¬ne.
in the case of a contravention of section 107 (1), to a ï¬ne or to imprisonment for a period not exceeding 10 years, or to both a ï¬ne and imprisonment; or in any other case, to a ï¬ne or to imprisonment for a period not exceeding 12 months, or to both a ï¬ne and imprisonment.
Despite anything to the contrary contained in any other law, a Magistrate's Court has jurisdiction to impose any penalty provided for in subsection (1).
The Tribunal may impose an administrative ï¬ne in respect of prohibited or required conduct.
the degree to which the respondent has co-operated with the Commission and the Tribunal; and whether the respondent has previously been found in contravention of this Act.
For the purpose of this section, the annual turnover of a supplier at the time when an administrative ï¬ne is assessed, is the total income of that supplier during the immediately preceding year, as determined in the prescribed manner.
setting out the section of this Act in terms of which the Tribunal made its ï¬nding, if any.
A certiï¬cate referred to in subsection (2)(b) is sufficient proof of its contents.
An appeal or application for review against an order made by the Tribunal in terms of this Act suspends any right to commence an action in a civil court with respect to the same matter, unless the court orders otherwise.
If an employee or agent of a person is liable in terms of this Act for anything done or omitted in the course of that person's employment or activities on behalf of their principal, the employer or principal is jointly and severally liable with that person.
This section does not apply in respect of criminal liability.
the balance of convenience favours the granting of the order.
the date that is six months after the date of issue of the interim order.
If an interim order has been granted, and a hearing into that matter has not been concluded within six months after the date of that order, the court or Tribunal, on good cause shown, may extend the interim order for a further period not exceeding six 25 months.
If an agreement, provision of an agreement, or a notice to which a transaction or agreement is purported to be subject, has been declared by a provision of this Act to be void, that agreement, provision or notice must be regarded as having been of no force 30 or effect at any time, unless a court has declared that the relevant provision of this Act does not apply to the impugned agreement, provision or notice.
A complaint in terms of this Act may not be referred to the Tribunal or to a consumer court in terms of this Act, against any person that is, or has been, a respondent in proceedings under another section of this Act relating substantially to the same conduct.
In any proceedings before the Tribunal, or before a consumer court in terms of this Act, the standard of proof is on a balance of probabilities.
if it is proved that a false statement, entry or record or false information appears in or on a book, document, plan, drawing or computer storage medium, the person who kept that item may be presumed to have made the statement, entry, record or information; and an order certiï¬ed by the Chairperson of the Tribunal is prima facie proof of the contents of the order.
A statement, entry, record or information in or on any book, document, plan, drawing or computer storage medium is admissible in evidence as an admission of the facts in or on it by the person who appears to have made, entered, recorded or stored it.
may consult with accredited consumer protection groups; and must consult the Commission and provincial regulatory authorities.
The laws referred to in Schedule 1 are hereby amended in the manner set out in that Schedule.
Sections 2 to 13 and sections 16 to 17 of the Merchandise Marks Act, 1941 (Act No.
Business Names Act, 1960 (Act No.
Price Control Act, 1964 (Act No.
Sale and Service Matters Act, 1964 (Act No.
Trade Practices Act, 1976 (Act No.
Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 71 of 1988).
The repeal of the laws speciï¬ed in this section does not affect the transitional arrangements, which are set out in Schedule 2.
This Act is called the Consumer Protection Act, 2008, and comes into operation in accordance with item 2 of Schedule 2.
Amendment of section 27 of Act 34 of 2005 1.
Amendment of section 31 of Act 34 of 2005 2.
a member of the Tribunal, to the extent that this Act, section 75 (5) of the Consumer Protection Act, 2008, or any other legislation provides for a matter to be considered by a single member of the Tribunal; or a panel composed of any three members of the Tribunal, in any other case.''.
Insertion of section 126A in Act 34 of 2005 3.
the breaching of a credit agreement; or the unauthorised transfer of any right of a credit provider under a credit agreement to a third person.
any negotiation, by an attorney on behalf of a consumer, with the credit provider concerned; or any action carried out by, on behalf of or with the permission of the credit provider concerned.
causing a credit bureau to remove credit information from its records concerning that consumer, 5 may not charge a consumer, or receive any payment from the consumer, for the credit repair service until that service has been fully performed, and must provide each consumer with a disclosure statement in the prescribed manner and form.
Subsection (3) does not apply in respect of any credit repair service 10 rendered by an attorney, or a registered credit bureau.
a computer software programme originating within the Republic, 15 which is programmed to calculate fees, charges, or interest charged on a credit agreement, for valuable consideration, must provide each consumer of the service or software, as the case may be, with a disclosure statement in the prescribed manner and form.
This section does not apply to a debt counsellor in respect of any 20 action authorised in terms of this Act.''.
Insertion of section 141A in Act 34 of 2005 4.
141A. This Part applies to any matter before the Tribunal irrespective of 25 whether the matter arises in terms of this Act or any other legislation.''.
Amendment of section 142 of Act 34 of 2005 5.
Consumer Protection Act, 2008, and must issue written reasons for its decisions.'
Amendment of section 143 of Act 34 of 2005 6.
''(a) The National Credit Regulator, or the National Consumer Commission in the case of a matter arising in terms of the Consumer Protection Act, 2008;''.
Amendment of section 147 of Act 34 of 2005 7.
by the insertion at the end of paragraph (a) of subsection (2) of the following words: ''or section 75(1)(b) of the Consumer Protection Act, 2008, as the case may be''; and by the insertion at the end of paragraph (b) of subsection (2) of the following words: ''or section 75(1)(b) of the Consumer Protection Act, 2008, as the case may be''.
Amendment of section 148 of Act 34 of 2005 8. Section 148 of the principal Act is hereby amended by the insertion at the end of paragraph (b) of subsection (2) of the following words: ''or section 69(2)(b) or 73 of the Consumer Protection Act, 2008, as the case may be''.
Amendment of section 150 of Act 34 of 2005 9.
''or the Consumer Protection Act, 2008''.
Amendment of section 151 of Act 34 of 2005 10.
''(1) The Tribunal may impose an administrative ï¬ne [only in the circumstances expressly provided for] in respect of prohibited or required conduct in terms of this Act or the Consumer Protection Act, 2008.'
by the insertion in subsection (3)(f) of the following words immediately after the word ''Regulator'': '', or the National Consumer Commission, in the case of a matter arising in terms of the Consumer Protection Act, 2008,''; and by the insertion in subsection (3)(g) of the following words immediately after the word ''Act'': '', or the Consumer Protection Act, 2008, as the case may be''.
Amendment of section 152 of Act 34 of 2005 11.
by the insertion at the end of paragraph (d) of subsection (1) of the following words: '', or, in the case of a matter arising in terms of the Consumer Protection Act, 2008, an alternative dispute resolution agent as deï¬ned in that Act''.
of the following words: '', or the National Consumer Commission, in the case of a matter arising in terms of the Consumer Protection Act, 2008,''.
Amendment of section 1 of Act 25 of 2002 1. Section 1 of the Electronic Communications and Transactions Act, 2002 (Act No.
Amendment of section 49 of Act 25 of 2002 1. Section 49 of the Electronic Communications and Transactions Act, 2002 (Act No.
A consumer may lodge a complaint with the [Consumer Affairs Committee] Commission in respect of any non-compliance with the provisions of this Chapter by a supplier.'
Substitution of expression in Act 25 of 2002 3. The Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002) is hereby amended by the substitution for the expression ''Consumer Affairs Committee'', wherever it occurs in the Act, of the expression ''Commission''.
Amendment of section 1 of Act 57 of 1997 1. Section 1 of the Lotteries Act, 1997 (Act No. 57 of 1997) is hereby amended by the substitution for the deï¬nition of ''promotional competition'' of the following deï¬nition: ''promotional competition'' has the meaning set out in section 36 of the Consumer Protection Act, 2008''.
Repeal of section 54 of Act 57 of 1997 2. Section 54 of the Lotteries Act, 1997 (Act No. 57 of 1997), is hereby repealed.
In this Schedule- ''early effective date'' means the date on which the provisions mentioned in item 2(1) took effect; ''general effective date'' means the date on which the provisions mentioned in item 2(2) took effect; ''pre-existing agreement'' means an agreement that was made before the general effective date; and ''pre-existing loyalty programme'' means a loyalty programme that had any participating consumers immediately before the general effective date.
to a section by number is a reference to the corresponding section of this Act; or to an item or a subitem by number is a reference to the corresponding item or subitem of this Schedule.
Chapters 1 and 5 of this Act, section 120 and any other provision authorising the Minister to make regulations, and this Schedule, take effect on the date that is one year after the date on which this Act was signed by the President.
Subject to subitem (3), and items 4 and 5, any provision of this Act not contemplated in subitem (1) takes effect on the date that is 18 months after the date on which this Act was signed by the President.
any particular municipality other than a high capacity municipality as deï¬ned in terms of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003); or any organ of state that is responsible to a municipal authority, in its capacity as a supplier of any goods or services to consumers, on the grounds that additional time is required for adequate preparation of the administrative systems necessary to ensure that the municipality or organ of state can meet its obligations in terms of this Act efficiently and effectively.
any transaction concluded, or agreement entered into, before the general effective date; or any goods supplied, or services provided, to a consumer before the general effective date.
tender by a consumer, on or after the general effective date, of any loyalty credit or award in that programme as consideration for any supply of goods or services; and any supply of goods or services if, on or after the general effective date, the consumer tendered any loyalty credit or award in the programme as consideration for those goods or services.
Section 61 applies to any goods that were ï¬rst supplied to a consumer on or after the early effective date.
Any provision of this Act not otherwise contemplated in subitems (2) to (4) applies to any pre-existing conduct, circumstance, transaction or agreement only to the extent required to ensure proper interpretation of, or compliance with and enforcement of, the provisions that are mentioned in subitems (2) to (4).
14 Only subsections (1)(b) to (d) and (2) apply with respect to the expiry and possible renewal of the agreement, on or after the general effective date.
18 to 21 Apply only with respect to goods that are deliverable or delivered to the consumer in terms of the agreement, on or after the general effective date.
22 Applies only to a notice, document or visual representation that is required to be produced, provided or displayed to the consumer, on or after the general effective date.
25 Applies only with respect to any goods supplied to the consumer in terms of the agreement, on or after the general effective date.
26 Applies only with respect to any transactions occurring in terms of the agreement, on or after the general effective date.
44 Applies only with respect to any goods supplied to the consumer in terms of the agreement, on or after the general effective date.
53 to 58 Apply only with respect to any goods or services supplied to the consumer in terms of the agreement, on or after the general effective date.
64(1) and (2) Apply only to an amount paid or payable by the consumer in terms of the agreement, on or after the general effective date.
64(3) and (4) Apply only with respect to any closure of a facility contemplated in those provisions, if it will occur on or after the effective date.
65 Applies only with respect to an amount paid or payable by the consumer, or to property that comes into the possession of the supplier, on or after the general effective date.
the Commission has established or recognised a register as contemplated in section 11(3); and in the case of a register established by the Commission, the Minister has received advice from an independent auditor that the Commission has established reasonable and effective means to receive, compile and utilise information in the manner contemplated in section 11.
Section 79(1), (2) and (3)(a) and (b), and sections 80 and 81, do not take effect until a date determined by the Minister by notice in the Gazette, which date must be at least one year following the general effective date.
The Minister must publish a notice contemplated in subitem (1) at least six months before the date on which that notice is to take effect.
had registered that business name before the general effective date in terms of any public regulation other than a repealed law; or was actively conducting business under that business name for a period of at least one year before the date on which section 79 took effect.
Any business name that, as of the general effective date, was registered in terms of any repealed law, must be regarded as having been registered in terms of this Act, as of the effective date.
The register of business names, as maintained by the Companies and Intellectual Property Registration Office in terms of any of the repealed laws, is continued as the register of business names contemplated in this Act.
Any right or entitlement enjoyed by, or obligation imposed on, any person in terms of any provision of a repealed law that had not been spent or fulï¬lled immediately before the general effective date, must be considered to be a valid right or entitlement of, or obligation imposed on, that person in terms of any comparable provision of this Act, as from the date that the right, entitlement or obligation ï¬rst arose, subject to the provisions of this Act.
A notice given by any person to another person in terms of any provision of a repealed law must be considered as notice given in terms of any comparable provision of this Act, as from the date that the notice was given under the repealed law.
A document that, before the general effective date, had been served in accordance with a repealed law, must be regarded as having been satisfactorily served for any comparable purpose of this Act.
An order given by an inspector in terms of any provision of a repealed law and in effect immediately before the general effective date, continues in effect, subject to the provisions of this Act.
Until provincial legislation has been enacted in a province establishing for that province a provincial consumer protection authority as contemplated in this Act, the Minister, by notice in the Gazette, may delegate to the relevant MEC of that province any or all of the functions of the Commission to be exercised within that province and in accordance with this Act.
Despite the repeal of the repealed laws, for a period of three years after the general effective date the Commission may exercise any power in terms of any such repealed law to investigate any breach of that law that occurred during the period of three years immediately before the general effective date.
In exercising authority under subitem (1), the Commission must conduct the investigation as if it were proceeding with a complaint in terms of this Act.
An individual who, immediately before the early effective date, was employed by the State, assigned to the Department of Trade and Industry and tasked with administration or enforcement of any of the repealed laws, is an employee of Commission, as of the effective date, subject to the Public Service Act, 1994 (Proclamation No. 103 of 1994).
A person mentioned in subitem (1) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before the early effective date, and any proceedings against such a person that were pending immediately before the early effective date, must be disposed of as if this Act had not been enacted.
Any person transferred in terms of subitem (1)- (a) remains a member of the Government Employees' Pension Fund mentioned in section 2 of the Government Employees' Pension Law, 1996 (Act No. 21 of 1996); and (b) is entitled to pension and retirement beneï¬ts as if that person were in service in a post classiï¬ed in a division of the public service mentioned in section 8(1)(a)(i) of the Public Service Act, 1994.
The exclusion of the Short Term Insurance Act, 1998 (Act No. 53 of 1998), and the Long Term Insurance Act, 1998 (Act No.52 of 1998), is subject to those sector laws being aligned with the consumer protection measures provided for in this Act within a period of 18 months from the commencement of this Act, failing which, the provisions of this Act will apply.
<fn>GOV-ZA.32198416En.2012-02-10.en.txt</fn>
Act No. 16 of 1985 Proclamation No.
<fn>GOV-ZA.32207514En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.32222431En.2012-02-10.en.txt</fn>
When an amendment enters into force. it shall be binding on those States Parties \V'hich have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Protocol and any earlier amendments that they have ratified.
A State Party may denounce this Protocol by writ1en notification to the Secretary-General of the United Nations. Such denunciation shall become effectiye one year after the date of receipt of the notification by the SecretaryGeneral.
The original of this ProtocoL of which the Arabic, Chinese, English. French. Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
<fn>GOV-ZA.32222432En.2012-02-10.en.txt</fn>
~. No. and year of law i I --~--ior so warned wh() fails to , i appear at the place and on !
i which the proceedings in question may be adlourned or who fails to remain in attendance at those proceedings as so adjourned.
I r' Actt\lo.
<fn>GOV-ZA.32289689aEn.2012-02-10.en.txt</fn>
the State Liability Bill, 2009, as contained in Annexure B, for public comment. Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister of Justice and Constitutional Development. Comments should kindly be directed for the attention of Mr J J Labuschagne, Private Bag X 81, Pretoria, 0001, by not later than 1July 2009. (Electronic mail address: Jolabuschagne@justice.gov.za or facsimile no.
GENERAL EXPLANATORY NOTE: Words underlined with a solid line indicate insertions in existing enactments.
To amend the Constitution of the Republic of South Africa, 1996, in order to provide for an Act of Parliament to regulate legal proceedings in which the state is involved; and to provide for matters connected therewith.
Insertion of section 173A in the Constitution of the Republic of South Africa, 1996 1.
W measures to enable the state to deal efficiently and effectively with all legal proceedings in which the state is involved.
m Section 226(2)(b) does not apply if the measures referred to in subsection (1)(b) authorise provincial governments to make payments as direct charges against the Provincial Revenue Funds when complying with final court orders.
@l Different limitations, procedures and measures may be prescribed for different spheres of government or categories of the state or organs of state.
This Act is called the Constitution Eighteenth Amendment Act of 2009, and comes into operation on a date set by the President by proclamation in the Gazette.
STAATSKOERANT, 1 JUNIE 2009 No.
1.1 Section 3 of the State Liability Act, 1957 (Act No.
No execution, attachment or like process shall be issued against the defendant or respondent in any such action or proceedings or against any property of the State, but the amount, if any, which may be required to satisfy any judgment or order given or made against the nominal defendant or respondent in any such action or proceedings may be paid out of the National Revenue Fund or a Provincial Revenue Fund, as the case may be.
1.2 On 30 March 2007 the then Pretoria High Court in Nyathi v MEC for the Department of Health, Gauteng and Another (TPD case No.
1.3 In terms of section 172(2)(a) of the Constitution of the Republic of South Africa, 1996 (the Constitution), an order of constitutional invalidity in the High Court has no force unless it has been confirmed by the Constitutional Court. Consequently, the matter was referred to the Constitutional Court for confirmation of the High Court's order of constitutional invalidity.
1.4 On 2 June 2008 the Constitutional Court in Nyathi v Member of the Executive Council for the Department of Health, Gauteng and Another 2008 (9) BCLR 865 (CC) (the Nyathi case), at par 92, made, amongst others, the following order: (1) The order of constitutional invalidity made by the Pretoria High Court is confirmed in the following terms: Section 3 of the State Liability Act is declared to be inconsistent with the Constitution to the extent that it does not allow for execution or attachment against the state and that it does not provide for an express procedure for the satisfaction of ju~gment debts.
The declaration of invalidity is suspended for a period of 12 months to allow Parliament to pass legislation that provides for the effective enforcement of court orders.
In order to address the Constitutional Court's judgment in the Nyathi case, as well as other practical problems that are being experienced with the execution of court orders against the state, it appears to be more appropriate to promote and enact a new State Liability Act rather than to effect amendments to the already obsolete State Liability Act, 1957. An accompanying Constitution Amendment Bill, namely, the Constitution Eighteenth Amendment Bill of 2009 (the Bill), is also required.
measures to enable the state to deal efficiently and effectively with all legal proceedings in which the state is involved (new subsection (1)(c)).
2.2 Provision is further made that section 226(2)(b) of the Constitution (that provides that money may be withdrawn from a Provincial Revenue Fund as a direct charge against the Provincial Revenue Fund if it is provided for in the Constitution or a provincial Act) does not apply if the measures referred to in the new subsection (1)(b) above authorise provincial governments to make payments as direct charges against the Provincial Revenue Funds when complying with final court orders (new subsection (2)). Provision is also made that different limitations, procedures and measures may be prescribed for different spheres of government or categories of the state or organs of state (new subsection (3)).
2.3 The new section 173A is intended to lay the basis for the substitution of the State Liability Act, 1957, as mentioned in paragraph 1.5 above. The State Liability Bill, 2009, is intended to be the "Act of Parliament" envisaged in the new section 173A(1).
2009, the two Bills should, as far as possible, be considered as a package.
<fn>GOV-ZA.32289689bEn.2012-02-10.en.txt</fn>
To make provision for reasonable notice to be given and for the proper service of process before the institution of legal proceedings against certain organs of state; to regulate the manner in which a final court order sounding in money against the state must be satisfied; to provide for better control of and accountability for legal proceedings or any form of litigation in which the state is involved; to amend or repeal certain laws; and to provide for matters connected therewith.
a municipality with an executive mayor, means the councillor elected as the executive mayor of the municipality in terms of section 55 of the Local Government: Municipal Structures Act, 1998 (Act No.
Local Government: Municipal Finance Management Act, 2003 (Act No.
"national department" means a department mentioned in the first column of Schedule 1 to the Public Service Act, 1994 Proclamation No.
"provincial department" means a provincial administration mentioned in the first column of Schedule 1 to the Public Service Act, 1994 (Proclamation No.
For the purposes of this Act, legal proceedings are instituted by service of any process, excluding a notice, on an organ of state, in which a creditor claims payment of a debt.
No legal proceedings for the recovery of a debt may be instituted against an organ of state unless the creditor has given the organ of state in question notice in writing of his or her or its intention to institute the legal proceedings in question; or the organ of state in question has consented in writing to the institution of that legal proceedings without such notice; or upon receipt of a notice which does not comply with all the requirements set out in subsection (2).
A notice must within six months from the date on which the debt became due, be served on the organ of state in accordance with section 3(1); and briefly set out the facts giving rise to the debt; and such particulars of such debt as are within the knowledge of the creditor.
For the purposes of subsection (2)(a) a debt may not be regarded as being due until the creditor has knowledge of the identity of the organ of state and of the facts giving rise to the debt, but a creditor must be regarded as having acquired such knowledge as soon as he or she or it could have acquired it by exercising reasonable care, unless the organ of state wilfully prevented him or her or it from acquiring such knowledge.
If an organ of state relies on a creditor's failure to serve a notice in terms of subsection (2)(a), the creditor may apply to a court having jurisdiction for condonation of such failure.
the organ of state was not unreasonably prejudiced by the failure.
If an application is granted in terms of paragraph (b), the court may grant leave to institute the legal proceedings in question, on such conditions regarding notice to the organ of state as the court may deem appropriate.
If in terms of this Act or any other Act, and subject to paragraph (b), provision is made for any claim against an organ of state or any litigation in which the state is involved, to first be dealt with in terms of any administrative mechanism or any mechanism providing or allowing for a settlement or any mediation mechanism, before the matter is proceeded with to court, any processes or procedures relating to such mechanism must be exhausted within 60 days of the notice referred to in subsection (1)(a) being served on the organ of state in question.
The period of 60 days referred to in paragraph (a) may be extended only once with the consent of all the parties to the proceedings for no longer tl1an a further 60 days.
A notice must be served on an organ of state by delivering it by hand or by sending it by certified mail or, subject to subsection (2), by sending it by electronic mail or by transmitting it by facsimile, in the case where the organ of state is a national or provincial department mentioned in the first column of Schedule 1, 2 or 3 to the Public Service Act, 1994 (Proclamation No.
a municipality, to the municipal manager appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No.
a functionary or institution referred to in paragraph (c) or (d) of the definition of "organ of state", to the chairperson, head, chief executive officer, or equivalent officer, of that functionary or institution, or where such functionary is a natural person, to that natural person; or a person or public entity referred to in paragraph (e) of the definition of "organ of state", to that person or to the chairperson, head, chief executive officer, or equivalent officer, of that public entity.
indicating whether confirmation of the receipt of the notice has been obtained and, if applicable, the name of the officer or person who has given that confirmation.
(a) Any process by which any legal proceedings contemplated in section 2(1) are instituted must be served in the manner prescribed by the rules of the court in question for the service of process.
the Minister of Police is the defendant or respondent, may be served on the National Commissioner of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995 (Act No.
the Minister of Correctional Services is the defendant or respondent, may be served on the Commissioner of Correctional Services as defined in section 1 of the Correctional Services Act, 1998 (Act No.
any judicial officer or a court is the defendant or respondent, must be served on the judicial officer and head of court concerned, as well as the Director-General: Justice and Constitutional Development; or any member of the National Prosecuting Authority is the defendant or respondent, must be served on the National Director of Public Prosecutions, as well as the Director-General: Justice and Constitutional Development.
No process referred to in subsection (1) may be served as contemplated in that subsection before the expiry of a period of if section 2(5) is not applicable, 30 days after the notice has been served on the organ of state in terms of section 2(2)(a); or if section 2(5) is applicable, 30 days after any mechanism referred to in section 2(5) has been exhausted.
If any process referred to in subsection (1) has been served as contemplated in that subsection before the expiry of the period referred to in subsection (2), such process must be regarded as having been served on the first day after the expiry of the said period.
Any claim against the state for a debt which would, if that claim had arisen against a person, be the ground of an action in any competent court, is cognisable by such court, whether the claim arises out of any act or omission committed by any employee of the state acting in his or her capacity and within the scope of his or her authority as such employee.
In any action or other legal proceedings instituted under the provisions of section 5, the executing authority of the organ of state concerned must be cited as nominal defendant or respondent.
No execution, attachment or like process may be issued against the defendant or respondent in any action or legal proceedings against the state or against any property of the state, but the amount, if any, which may be required to satisfy any final court order against the nominal defendant or respondent in any such action or proceedings must be paid as contemplated in this section.
Despite the common law or any other law to the contrary, except for interim relief for urgent or necessary medical treatment, a court may not order any payment contemplated in subsection (1) at any stage of the proceedings except when giving a final court order.
Subject to this section, a final court order against an organ of state for the payment of money must be satisfied within 30 days of the order becoming final.
The accounting officer of the organ of state concerned must make payment in terms of such order within 30 days after the order becomes final.
Such payment must be charged against the appropriation account or expenditure budget of the organ of state, where applicable.
If such payment cannot be made because of a lack of such funds, such motivated reason must be submitted to the court and, where applicable, to the National or provincial treasury concerned, as the case may be, within 21 days of the final court order being given.
In such a case an application must simultaneously be made by the accounting officer to the National or provincial treasury concerned, as the case may be, applying for the provision of the necessary funds in the manner prescribed.
If, in the case of such an application or otherwise, the National or provincial treasury, as the case may be, is satisfied that the organ of state concerned has the funds available to make the payment, it must, as soon as possible direct, in writing, the accounting officer concerned to make the payment within 30 days of the date of such directive.
if that organ of state is a constitutional institution, public entity or government enterprise that is entitled to the transfer of funds from the relevant Revenue Fund, by reducing any such transfers by an amount equal to the judgment debt; and paying the judgment debt from the relevant Revenue Fund; or if that organ of state is a municipality, by reducing any equitable share, allocation or other transfer from the relevant Revenue Fund to which that municipality is entitled by an amount equal to the judgment debt; and paying the judgment debt from the relevant Revenue Fund.
The National Treasury may intervene in terms of subsection (4)(c) only if there are no or insufficient funds in the Provincial Revenue Fund to which the municipality concerned is entitled; or the provincial treasury concerned fails to intervene in terms of that subsection.
If the accounting officer of a municipal entity fails to comply with subsection (3)(b)(i), the parent municipality may intervene by paying the judgment debt from its funds.
Any amount so paid out by the National or provincial treasury, as the case may be, during any financial year in terms of subsection (4) may be deducted from any equitable share, allocation, grant or other funds from revenue raised nationally, or any other transfer to which the organ of state concerned is entitled in that or any ensuing financial year or years.
In the event of the judgment debt not having been satisfied within the timeframes contemplated in subsection (3)(a), (d) or (4), the judgment creditor may, on not less than 10 days' notice, issue a notice calling upon the accounting officer and the heads of the organ of state and the treasury concerned to show cause why payment has not been made.
an order for costs, including cost on an attorney and client scale or de bonis propriis; or the issue of a Rule nisi calling upon the respondents to show cause, on a date to be determined, why anyone, more or all should not be declared in contempt of court and to pay the costs, which in exceptional circumstances may include an order to pay costs de bonis propriis on an attorney and client scale.
On the return day of the Rule nisi referred to in subsection (9)(c) the court may grant any order it may deem fit.
If payment of a judgment debt has been made by the state in terms of a final court order and application for condonation is thereafter made to the court for the lodging of a late appeal against such order, the court may not consider such application for condonation before such payment has not been returned to the state.
The accounting officer of an organ of state who fails to comply with any provision of subsection (3)(b)n) or (c)(i) or a directive issued by the National or provincial treasury concerned, as the case may be, in terms of subsection (3)(d), is liable to a charge of financial misconduct in terms of the Public Finance Management Act or the Local Government: Municipal Finance Management Act, as the case may be, and must be charged.
If the National or provincial treasury, as the case may be, following an inspection, investigation or review by it, finds non-compliance with the provisions of this Act or its instructions or directions or a need for intervention in view of the financial, governance or management situation, condition or failure of the relevant organ of state, a report must be prepared and the organ of state must be instructed to take the remedial action specified in a notice to the organ of state.
An organ of state under an instruction under subsection (13) may be required by the National or provincial treasury, as the case may be, to obtain specified support to rectify such non-compliance, situation, condition or failure.
defend any legal proceedings initiated or instituted against it.
The executing authority must authorise any decision contemplated in subsection (1)(a) or (b) under his or her signature or designation, and that power may not be delegated.
The accounting officer of the organ of state concerned must counter sign any such authorisation.
The accounting officer has the responsibility to authorise any decision for an organ of state to settle any legal proceedings in which it is involved, including any debt, and that power may not be delegated.
Every head of a national or provincial department concerned must during January and July of each year submit to the chief litigation officer a report of all pending litigation matters contemplated in section 8, and falling within that head's sphere of responsibility, or a matter referred to in section 11 (1) or 12(1), in order to enable the chief litigation officer to table before Cabinet a report on such matters during the said months: Provided that all such pending litigation matters of a constitutional nature must be so reported on during January, April, July and October of each year.
The particulars to be contained in the reports contemplated in subsection (1), and the timeframes, form and manner thereof, must be prescribed by the Minister after consultation with the National Treasury.
Every organ of state must report the statistics of litigation contemplated in section 8(1) in which it is involved, on a monthly basis, to the chief litigation officer in the timeframe, form and manner prescribed by the Minister after consultation with the National Treasury.
The chief litigation officer must report the aggregate of monthly statistics so received to Cabinet in the form and manner prescribed by the Minister after consultation with the National Treasury.
Subject to this Act, the State Attorney deals with all civil claims and actions against the state, or its employees or former employees where the state is being held vicariously liable, and the state pays all legal costs where the state or the said employees can be held liable for such claims or costs, or where the accounting officer concerned in writing decides that such claim should be settled, or where a final court order has been given against the state or the said employees: Provided that any organ of state may only use the services of an attorney other than a state attorney in any civil matter, in exceptional circumstances as prescribed and only if the executing authority has in writing authorised same and has reported the matter to the chief litigation officer in terms of section 9.
the accounting officer of the relevant organ of state must, thereafter, if he or she is of the opinion that such employee has not forfeited the cover in subsection (4), sign the certificate at the end of Schedule 2; and when (a) and (b) have been complied with, the relevant organ of state must furnish the State Attorney with a written instruction to represent such employee on whatever appropriate conditions he or she deems fit and must furnish him or her with such duly signed undertaking, including signed certificate.
An instruction and signed undertaking, including a duly signed certificate, as contemplated in subsection (2), must be furnished in respect of each and every claim, application, appeal or any other civil legal proceeding of such employee, before the State Attorney may act on his or her behalf.
allowed unauthorised persons to drive or handle the vehicle; or deviated materially from the official journey or route without prior authorisation.
Where an employee or former employee of an organ of state is charged in a criminal case or is to attend an inquest on account of conduct in the execution of his or her official duties and he or she has not forfeited the cover contemplated in section 11(4), with the changes required by the context, his or her defence will, subject to subsection (2), be undertaken by the State Attorney if he or she so requests the organ of state: Provided that an organ of state may not use the services of an attorney other than a state attorney in respect of any criminal proceeding.
If the accounting officer is satisfied that the employee or former employee is not guilty of the alleged criminal charge and has not forfeited the cover contemplated in section 11 (4), with the changes required by the context, and such employee or former employee has unconditionally signed the undertaking contemplated in Schedule 3, he or she must only then sign the certificate at the end of Schedule 3 and, in writing, authorise the proposed expenditure and instruct the State Attorney to represent such employee, on whatever appropriate conditions he or she deems fit.
A written instruction and duly signed undertaking, including a signed certificate, as contemplated in subsection (2), must be furnished to the State Attorney by the accounting officer of the organ of state in respect of each and every alleged criminal charge, application, or appeal or any other criminal proceeding in which such employee is involved, before the State Attorney may act on his or her behalf.
Subject to paragraph (b) and the provisions of Schedule 3, all the legal costs in such a case duly authorised in terms of subsection (2), read with subsection (3), will be borne by the state.
Where it is later found that the said employee or former employee is guilty or substantially guilty as charged, or has in fact forfeited the cover contemplated in section 11 (4), with the changes required by the context, he or she must repay all such legal costs to the state as contemplated in the said undertaking in Schedule 3.
The Minister must make the regulations as required by this Act, including any regulations providing for administrative or mediation procedures which are necessary or expedient in order to give effect to the provisions of section 2(5); and may make such regulations as are necessary or expedient for the achievement of the objects of this Act.
prescribes specified periods within which a claim is to be made in respect of any such liability; or imposes conditions on the institution of any action.
The laws referred to in Schedule 1 are amended or repealed to the extent set out in the third column of that Schedule.
Any legal proceedings instituted against or by an organ of state before the commencement of this Act and which have not been finalised, must be dealt with as if this Act has not been passed.
This Act is called the State Liability Act, 2009, and comes into operation on a date set by the President by proclamation in the Gazette.
LAWS AMENDED OR REPEALED BY SECTION 15(1) I No.
Act 40 of 2002 Institution of Legal Proceedings 1. Repeal of sections against certain Organs of State 3, 4 and 5. Act, 2002 2.
This Act is called the Prescription of Debts of certain Organs of State Act 2002.
"To regulate the prescription and to harmonise the periods of prescription of debts for which certain organs of state are liable; to repeal or amend certain laws; and to provide for matters connected therewith.".
I, , the undersigned, employed or formerly employed as ... ... ... .... ................ in .................. .............. , hereby request the State Attorney in terms of section 11 of the State Liability Act, 2009, to defend the action instituted against me by .................................
1 . I hereby confirm that I have read and understand section 11 of the State Liability Act, 2009 (the Act), and Schedule 2 to the Act.
I hereby declare that I have a proper and good defence to the civil action being brought against me, and that I have at all times relevant hereto acted in the course and scope of my duties and that I have not forfeited the cover referred to in section 11 (4) of the Act in regard to the civil action brought against me.
I hereby undertake, on demand, to refund to the state all costs (including attorney's and client's costs) involved in the case, including the claimant's costs, if the state has paid them, and any other amounts the state may have disbursed on my behalf in terms of any settlement of the claim or any court order against me, if I, in the opinion of the accounting officer lose or substantially lose the case; or have forfeited the cover referred to in section 11(4) of the Act.
I hereby authorise the state to deduct from my salary in one payment or in any number of payments the accounting officer may think fit any amount due in accordance with this agreement. I also hereby cede to the state all rights and claims to any legal costs I may obtain in terms of a court order.
I declare that I am aware of the provisions of section 21 (3) of the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996), regarding deductions in terms of and according to that section from any annuity or benefit payable to me upon my retirement or dismissal in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994), in respect of any amount due by me to the state owing to a decision contemplated in this agreement.
I am aware that the State Attorney may at a later date act against me on behalf of the state in a case arising out of this matter or related thereto, and I hereby agree that any information obtained from me may be used against me and that his or her action on my behalf in this case shall not prevent him or her from subsequently acting against me in other cases.
I undertake, if I leave the employment of the state and for as long as lowe the state any amount in terms of this undertaking, to inform the relevant organ of state of any change in address and, if I fail to do so, I could be held liable for any costs incurred to trace me.
I also hereby authorise the Receiver of Revenue to provide my address to the relevant organ of state, if asked for it in terms of this agreement.
I hereby waive any right to plead prescription with regard to any amount that I may owe the state in terms of this agreement and which may become payable.
Signed at on this day of..............................
I, ' , in my capacity as .. ............... , declare that I am, on the basis of the information at my disposal, of the opinion that the employee/former employee has not forfeited the cover referred to in section 11 (4) of the Act and that his or her defence by the State Attorney is in the interest of the state, and I therefore authorise that the above-mentioned application be accepted and that the employee's/former employee's defence be undertaken by the State Attorney, as requested, at state expense. Dated at .... ........ ................... on this ......... day of ............................ .. 20.....
, hereby apply for defence by the State Attorney in a criminal case, State vs , (case no), in which I am accused of.
I hereby confirm that I have read and understand section 12 of the State Liability Act, 2009 (the Act), and Schedule 3 to the Act.
I hereby declare that I am not guilty of the alleged criminal charge and that I have not forfeited the cover referred to in section 11 (4) of the Act, with the changes required by the context, in regard to the alleged criminal charge.
I hereby authorise the state to deduct from my salary in one payment or in any number of payments the accounting officer may think fit any amount due in accordance with this agreement.
I declare that I am aware of the provisions of section 21 (3) of the Government Employees Pension Law, 1996 (Proclamation No. 21 of 1996), regarding deduction in terms of and according to that section from any annuity or benefit payable to me upon my retirement or dismissal in terms of the Public Service Act, 1994 (Proclamation No.1 03 of 1994), in respect of an amount due from me to the state owing to a decision contemplated in this agreement.
I am aware that the State Attorney may at a later date act against me on behalf of the state in a case ariSing out of this matter or related thereto, and I hereby agree that any information obtained from me may be used against me and that his or her action on my behalf in this case shall not prevent him or her from subsequently acting against me in other cases.
I undertake, if I leave the service of the state and for as long as lowe the state any amount in terms of this undertaking, to inform the relevant organ of state of any change in address and, if I fail to do so, I could be held liable for any costs incurred to trace me.
I also hereby authorise the Receiver of Revenue to provide my address to the relevant organ of state, if asked for it.
Signed at . .... on this ......... day of.............................
Attorney, as requested, at state expense.
Dated at on this day of.............................
1.1 The State Liability Bill, 2009 (the Bill), seeks to rectify the unconstitutionality of the State Liability Act, 1957 (Act No. 20 of 1957).
The background information set out in paragraph 1.1 to 1.5 of the Memorandum on the Objects of the Constitution Eighteenth Amendment Bill of 2009 in Annexure A applies equally to the Bill.
measures for enforcing the execution of final court orders against the state, including payments to be made by the state to comply with final court orders: and measures to enable the state to deal efficiently and effectively with all legal proceedings in which the state is involved.
2.2 The contents of the Bill are, apart from the interpretation clause, divided into 6 Parts and 3 Schedules. The first two Parts, dealing with "Notice" and "Process", respectively, were taken over from the Institution of Legal Proceedings against certain Organs of State Act, 2002 (Act No. 40 of 2002), without any substantial amendment, which also deals with "prescription of debts". The provisions in those Parts are therefore existing law being re-enacted in the Bill. Part 3 deals with "Enforcement of final court orders sounding in money", and seeks to rectify the finding of unconstitutionality discussed above in the Nyathi case. Part 4 deals with "Responsibility for litigation and settlement of debt, and reporting", Part 5 deals with "Accountability" and Part 6 deals with "Miscellaneous". Schedule 1 contains laws being amended or repealed by the Bill. Schedules 2 and 3 are pro forma undertakings which employees or former employees of the state in the widest sense will have to agree to before being afforded legal representation in civil or criminal matters, respectively.
Clause 1 seeks to insert a definition clause.
Clause 2 seeks to prescribe that notice of intended legal proceedings must be given to an organ of state before such proceedings may be instituted.
Clause 3 seeks to prescribe the manner in which such notice must be served on an organ of state.
Clause 4 of Part 2 seeks to prescribe the manner in which legal process must be served on an organ of state. Part 1 and clause 4 are existing provisions being re-enacted in the Bill.
Clause 5 of Part 2 is an adaptation of section 1 of the State liability Act, 1957, and seeks to prescribe that claims against the state are cognisable in any competent court.
Clause 6 of Part 2 seeks to prescribe that legal proceedings against the state should be instituted against the executing authority of the organ of state concerned.
Clause 7 of Part 3 seeks to prescribe how final court orders sounding in money should be satisfied, and thereby addresses the ruling in the Nyathi case. It starts from the same premise that there should be no execution, attachment or like process against the state or the property of the state, but provides that a final court order sounding in money must be satisfied within 30 days of the order being given. The accounting officer of the organ of state concerned is responsible for making that payment. If there is a lack of funds, other measures are prescribed, including an intervention by the National or provincial treasury in order to make the payment. If all else fails, the judgment creditor may, on 10 days' notice, call on the accounting officer, the head of the treasury and the head of the department concerned to explain to the court why payment was not made. The court then has a wide discretion to act as it deems fit. An accounting officer who fails to comply with the provisions regarding payment is liable to contempt of court or to a charge of financial misconduct.
Clause 8 of Part 4 seeks to provide that the executing authority of an organ of state has the responsibility to authorise any decision for an organ of state to initiate or institute any legal proceedings; and defend any legal proceedings initiated or instituted against it. That power may not be delegated. The accounting officer may decide to settle in any such proceedings, which power may also not be delegated.
Clause 9 of Part 4 seeks to prescribe that every head of a national or provincial department must submit reports of all pending litigation matters falling. within their sphere of responsibility twice per annum to the chief litigation officer, who must table a joint report before Cabinet. All such matters of a constitutional nature must be reported on four times per annum.
Clause 10 of Part 4 seeks to prescribe that every organ of state must report the statistics of litigation contemplated in clause 8(1) in which it is involved, on a monthly basis to the chief litigation officer, who must report the aggregate of statistics so received to Cabinet.
Clause 11 of Part 5 seeks to prescribe what should happen in cases of civil claims against the state or its employees in a wider sense, and provides who shall be responsible for legal costs incurred when the state is liable for such claims.
Clause 12 of Part 5 is similar to clause 11, but relates to criminal matters.
Part 6 contains miscellaneous provisions regarding the making of regulations (clause 13), savings (clause 14), amendment and repeal of laws (clause 15) and the short title (clause 16). Schedule 1 contains the laws being amended and repealed, namely the State Liability Act, 1957, and the Institution of Legal Proceedings against certain Organs of State Act, 2002.
The Minister of Justice and Constitutional Development hereby publishes the Constitution EighteentPUBLICATION OF CONSTITUTION EIGHTEENTH AMENDMENT BILL OF 2009 AND STATE LIABILITY BILL, 2009h Amendment Bill of 2009, as contained in Annexure A; and the State Liability Bill, 2009, as contained in Annexure B, for public comment. Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister of Justice and Constitutional Development. Comments should kindly be directed for the attention of Mr J J Labuschagne, Private Bag X 81, Pretoria, 0001, by not later than 1July 2009. (Electronic mail address: Jolabuschagne@justice.gov.za or facsimile no.
<fn>GOV-ZA.32303695En.2012-02-10.en.txt</fn>
The Minister of Transport hereby publishes the above draft Bill for public comment. Interested persons are requested to submit written comments on the above Bill by no later than 10 July 2009.
Comments should be posted to the Director General, Department of Transport for the attention of Adv.
Tel. No.
Words underlined with a solid line indicate insertions 10 existing enactments.
To amend the Merchant Shipping Act, 1951, so as to provide for a definition; to provide for insurance or other financial security in respect of loss of life and personal injury suffered by seafarers; to delete obsolete provisions and expressions; to make administrative changes in relation to certain shipping enquiries and exercise of certain powers; to make mandatory the appointment of certain ship safety personnel; to amend provision relating to limitation of liability for maritime claims and for related matters.
Amendment of section 2 of Act 57 of 1951, as amended by section 3 of Act 30 of 1959, section 31 of Act 69 of 1962, section 1 of Act 40 of 1963, section 1 of Act 13 of 1965, section 1 of Act 42 of 1969, section 1 of Act 24 of 1974, section 1 of Act 5 of 1976, section 1 of Act 3 of 1981, section 1 of Act 3 of 1982, section 1 of Act 25 of 1985, section 1 of Act 18 of 1992, section 1 of Act 16 of 1995, section 1 of Act 49 of 1996, section 1 of Act 23 of 1997, section 2 of Act 5 of 1998, section 1 of Act 57 of 1998, and section 60 of Act 58 of 1998. Amendment of section 261 of act 570f 1951, as amended by section 33 of Act 30 of 1959, section 7 of act 25 of 1985, section 4 of act 16 of Act 1995 and section 11 of Act 23 of 1997.
" 'small vessel' means a vessel ofless than twenty-five gross tons and of lmore than three or more metres in length overall;".
Amendment of section 4 of Act 57 of 1951, as amended by section 2 of Act 42 of 1969 and section 2 of Act 5 of 1976 and substituted by section 60 of Act 58 of 1998 2.
Section 4 ofthe principal Act is amended by deletion of paragraph (c).
Repeal of section 5 of Act 57 of 1951, as substituted by section 5 of Act 30 of 1959 and amended by section 3 of Act 25 of 1985, section 3 of Act 23 of 1997 and section 2 of Act 5 of 1998 3.
Section 5 of the principal Act is repealed.
Amendment of section 18 of Act 57 of 1951, as amended by section 2 of Act 5 of 1998 and section 60 ofAct 58 of 1998 4.
South African ship to comply with those conditions to be so evidenced, unless a surveyor certifies to the Authority that the construction and equipment of the ship as respects the excluded space do not meet the standard which would he required if the ship were a South African ship.
by the substitution for subsections (3) and (4) of the following subsections, respectively: (3) If any question arises as to whether the tonnage of any ship registered in any country to which any such direction relates, as denoted in [her) its certificate of registry or other national papers, materially differs from that which would be [her] its tonnage ifmeasured under this Act, or as to whether the construction and the equipment ofany ship so registered as regards [the said] any excluded space do for the purpose of determining the tonnage ofthe ship conform to the standards required under this Act, the Authority may direct that a surveyor inspect the ship.
Iffrom the report ofa surveyor so directed to inspect a ship it appears to the Authority that the tonnage of [that) the ship, as so denoted, materially differs from that which would be [her] its tonnage ifmeasured under this Act or that [her) its construction and equipment as regards [the said1 any excluded space do not, for the purpose ofdetermining her tonnage conform to the said standards, or if for any reason it appears to the Authority that the tonnage ofany ship so registered has been erroneously computed, it may order that, notwithstanding any direction for the time being in force under this section, that ship or any ship registered in the country to which the direction relates shall, for all or any of the purposes ofthis Act or ofthe Ship Registration Act, 1998 (Act No. 58 of 1998), be surveyed in accordance with this Act.
"(1) No vessel of less than three metres in length overall shall go to sea from any port in or from anywhere else on the coast ofthe Republic."
"(a) prescribe the purpose for and the area in which a vessel ofless than three metres in length overall may be used; and".
Amendment of section 73 of Act 57 of 1951, as amended by section 15 of Act 30 of 1959, section 37 of Act 69 of 1962, section 11 of Act 40 of 1963, section 4 of Act 5 of 1976, section 1 of Act 1989, section 2 of Act 5 of 1998 and section 5 of Act 57 of 1998 6.
"(1) Subject to the provisions ofthis section, the owner and the master ofevery South African ship operating at a port in the Republic or going to sea from any port whatsoever shall ensure that there [is) are employed on board that ship, in their appropriate capacities, the number ofofficers and other persons, duly certificated ~~~=be certificated under this Act as prescribed by regulation[, or deemed to be so certificated].".
(1) When settlement of the wages of a seaman of a South Afriean ship is required to be and is completed before a proper officer, the said [seaman) seafarer shall sign in the presence ofthe proper officer a release, in the prescribed fonn, of all claims in respect ofthe period of service concerned.
compensation for occupational injuries and diseases.
"Nothing in this section shall deprive any [seaman] seafarer of any compensation to which he may be entitled in tenns of the [Workmen's Compensation Act, 1941 (Act No. 30 of 1941)] Compensation for Occupational Injuries and Diseases Act, 1993 (Act No.
(Act No. 30 of 1941) Compensation for Occupational Injuries and Diseases Act, 1993 (Act No.
seafarer under that Act in respect ofthat period.
STAATSKOERANT, 9 JUNIE 2009 No.
Chapter VIII of the [Workmen's Compensation Act, 1941 (Act No. 30 of 1941)] Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 19931 and to which this section does not entitle him or her.
A [seaman) seafarer shall not be entitled to receive the same benefit under this section and also under the [Workmen's Compensation Act, 1941 (Act No. 30 of 1941)1 Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993); but his or her employer who has incurred any expense under this section which the [Workmen's] Compensation Commissioner would, but for the provisions ofthis section, have been liable to defray, shall, ifhe or she has paid all assessments for the payment ofwhich he or she is liable under that Act, be entitled to recover that expense from the [Workmen's] Compensation Commissioner.
In this section the expression ['seaman'1 "seafarer" includes every person employed or engaged in any capacity on board any ship [but in the case of a ship which is a fishing boat, does not include any person who is entitled to be remunerated only by a share in the profits or the gross earnings ofthe working ofthe boat].".
fa a certificate ofthe kind referred to section 189D; or f!!.
any other person prescribed for the purposes of the provision in which the expression occurs.
that is registered or licensed in the Republic, or required to be so registered or licensed: or (M in respect of which a local general safety certificate is required in terms of section 203(8).
189C. (I) The owner of a ship shall maintain insurance or other financial security in accordance with the regulations to provide compensation in the event that a seafarer belonging to the ship suffers loss of life O'r personal injury while engaged O'n the business O'fthe ship.
TO' avoid doubt, the regulations may prescribe when a seafarer shall be taken, for the purposes of subsectiO'n (I), to belong to a ship and to be engaged on the business ofthe ship.
An owner of a ship who demands or receives from a seafarer a cO'ntribution towards the cost of insurance or other financial security required to' be maintained in terms O'f this section shall be guilty of an O'ffence and liable O'n conviction to' a fine O'r to imprisonment for a period not exceeding twO' years.
the day that is the last day in the balance O'f the period during which the relative insurance or security is to remain in force.
The owner ofa ship shaH lodge with the proper officer, in the prescribed manner and time, an authenticated copy of each certificate issued in terms of subsection (1) in relation to the ship. ~--.lfac:9PY of a certificate is not lodged in accordance with subsection (2), the owner shall, in respect of each day on which the copy is not so lodged (including the day of a conviction in terms of this subsection or any subsequent day), be guilty of an offence and liable on conviction to a fine not exceeding RlOOO.
A certificate issued in terms ofthis section, and any document embodying insurance or other financial security that is required to be evidenced by such a certificate, shall be admissiblc in evidence.
189E. (1) Ifa ship enters or leaves, or attempts to enter or leave, a port in the Republic without carrying on board a relevant insurance certificate that is in force in relation to the ship, the master and the owner ofthe ship shall each be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years.
If a ship, being a ship that is, or is required to be, registered or licensed in the Republic, enters or leaves, or attempts to enter or leave, a port outside the Republic without carrying on board a relevant insurance certificate that is in force in relation to the ship, the master and the owner ofthe ship shall each be guilty ofan offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years.
If, otherwise than in circumstances to which subsection (1) or (2) applies, at any time a relevant insurance certificate is in force in relation to a ship and is not carried on board the ship, the master and the owner ofthe ship shall each be guilty ofan offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.
The proper officer may require the master or other p~rson in charge of a ship to produce a relevant insurance certificate that is in force in relation to the ship and, if the master or other person refuses or fails to produce such a certificate to the officer, he or she shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 month~.:.
Ifthe proper officer believes on reasonable grounds that the master or other person in charge ofa ship is attempting to take the ship out ofa port in the Republic at a time when the ship is not carrying on board a relevant insurance certificate that is in force in relation to the ship, the officer may detain the ship until such time as such a certificate is obtained or produced to the officer, as the case requires.
9QID!!l~cernent of section 189C.
189F. (1) In this section 'relevant incident' means any occurrence in respect ofwhich an insurance or other financial security in terms of section 189C is required to pay compensation but in respect of which compensation is not available, or fully available, because ra) the person . providing the insurance or other financial security is financially incapable of meeting that person's obligations in terms of the insurance or security; or (ll) the owner concerned has failed to maintain insurance or other financial security as required by section 189C.
If a relevant incident occurs in relation to a ship, the owner of the ship at the time ofthe incident or, ifthe incident consists ofa series of occurrences, at the time ofthe first occurrence shall be liable to pay so much ofany benefit that would have been payable under an insurance or other financiat security in terms of section 189C as remains unpaid because of the incident.
To avoid doubt, section 261 shall not apply to a liability in terms ofthis section.
189G. (1) A person shall not be entitled to receive the same benefit under this Chapter and also under ra) the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No.
another provision ofthis Act; or ee any other statutory entitlement prescribed for the purposes ofthis paragraph.
A person paying a benefit in terms ofthis Chapter shall be entitled to recover from any other person providing the same benefit tmder a provision contemplated in subsection (1) so much of the benefit as that other person would, but for this section, have been liable to pay.
In an action referred to in subsection (1), the amount recoverable shall not exceed the amount of damages (if any) that in the opinion ofthe court would, but for section 189H (2l.
be set off against any debt ofthe person entitled to the compensation.
However, the person liable to pay compensation in terms ofthis Chapter may pay compensation in whole or in part to the owner ofa ship to the extent that the owner has, for the purposes contemplated in section 189C, made voluntary payments to a seafarer.
189K. Any provision of an agreement existing at the commencement ofthis section or concluded thereafter in terms of which a seafarer cedes or purports to cede or relinguishes or purports to relinQuish any right to benefits in terms ofthis Chapter shall be void.
189L. Compensation in tenus ofthis Chapter for loss of life shall not form part ofthe deceased seafarer's estate.
189M. Any person who threatens a seafarer or in any way compels or influences a seafarer to do something resulting in or directed at the deprivation of that seafarer's right to benefits in tenus ofthis Chapter shall be guilty ofan offence and liable on conviction to a fine or to imprisonment for a period not exceeding two vears.
189N. (1) Ifthe owner of a ship makes arrangements to provide compensation for loss of life and personal injury that.
Authority, is not less favourable to seafarers than that provided for in tenus of this Chapter, the Authority may, subiect to such conditions as it may determine, approve the arrangements.
The Authority may at any time withdraw the approval or amend the conditions referred to in subsection (1).
"(2) Any person in charge of a radio station which is under the control of the [Postmaster-Genera1] Independent Communications Authority of South Africa or which is carried on under licence issued by the [Postmaster-General] Independent Communications Authority of South Africa, shall on receiving the prescribed signal that a message is about to be sent under this section, refrain from sending messages for a time sufficient to allow other stations to receive the message, and shall transmit the message in such manner as may be required by the Authority. Compliance with this subsection shall be deemed to be a condition ofevery licence granted by the [Postmaster-General] Independent Communications Authority of South Africa under the [Radio Act 3 of 1952, or any amendment thereto] Telecommunipations Act 1996 (Act No. 103 of 1996). Nothing in this subsection shall interfere with the transmission by radio of any signal which by regulation has been declared to be a signal ofdistress.".
by the substitution for the words following paragraph (f) of subsection (1) of the following words: "shall within 24 hours after the [ship has arrived in a port or, if the event occurred in a port, within 24 hours after the event occurred, but before the ship departs from that port] occurrence ofthe eveIlt but before the ship dep~ from any port at which it happens to be within that period, report the event to the nearest proper officer in the form prescribed, stating the nature ofthe event and ofthe probable cause thereof, the name ofthe ship, her official number, the port to which she belongs, the place where the event occurred and the place where the ship then is, and giving all other available relevant information: Provided that any event resulting in loss oflife or serious injury shall forthwith be so reported by the fastest means of communication available."
"(lA) (a) The duty to report an event referred in subsection (1) (c) extends to the employer of any stevedore. shore contractor or incidental person who was involved in the event."
"(2) [Subsections] Subsection (I) [and (Al)] shall, subject to subsection (3), apply to every ship which is registered or licensed in the Republic or which is in terms of this Act required to be so licensed and to or in respect of or on board of which any such event as is referred to in [subsections] subsection (I) [and (Al)] has occurred anywhere, and rt shall apply to a ship not registered or licensed in [a country other than] the Republic only while the ship is within the Republic or the territorial waters thereof and if any such event has occurred to or in respect of or on board of the ship during a voyage to a port in the Republic or within the Republic or the territorial waters thereof."
[and] or any employee or user who learns about an event [referred to in] which an employer is under a duty to report in terms of subsection (I A), shall forthwith notify the employer concerned, if known to him or her, of such event.
"(5) No person shall disturb or remove anything from the scene of an accident required to be reported in terms of this section unless permitted by the proper officer[, or if a person has been appointed under section 264 to hold a preliminary enquiry into the accident, by that person] .".
STAATSKOERANT, 9 JUNIE 2009 No.32303 17 14. Amendment of section 261 of Act 57 of 1951, as amended by section 33 of Act 30 of 1959, section 7 of Act 25 of 1985, section 4 of Act 16 of 1995, and section 11 of Act 23 of 1997 1.
Regulation Act, 1983 (Act No. 105 of 1983).
loss, injury or damage would probably result The onus of proving that this subsection applies is on the person alleging its application.
lID To avoid doubt.
shall apply only in respect of claims arising after the commencement of the provision establishing the applicable limits.
"{Ql The provisions of this section shall so apply only in respect of claims fulling within the definition of 'maritime claim' in section I of the Admiralty Jurisdiction Regulation Act, 1983 (Act No. 105 of 1983)."
ill The Court may, at any time, give the directions it thinks fit about the currency, or currencies, that are to be applicable and about the ascertaimnent, subject to paragraphs M and rel, of the value of any applicable currency on the relevant date.
if no sum has been so fixed for that [day] date, the last [day before that day preceding date for which a sum has been so fixed.
[day] preceding date for which a sum has been so fixed, [before the particular day) shall be prima facie proof of those matters for the purposes of subsection (1); and a document purporting to be a such a certificate shall, in any proceedings, be admissible in evidence and, in the absence of evidence to the contrary, be deemed to be such a certificate.
"ill For the purposes of this section, 'owner'. in relation to a ship, includes any charterer ofthe ship, any person interested in or in possession ofthe ship, and any manager or operator ofthe ship.".
Amendment of section 262 of Act 57 of 1951, as amended by section 51 of Act 69 of 1962, section 8 of Act 25 of 1985 and section 2 of Act 5 of 1998 15.
"(1) For the purpose of section [two hundred and sixty-one] 261, the tonnage ofa ship shall be [her) its gross [register] tonnage."
® in the case of [a] any other foreign ship, according to the law ofthe Republic, ifcapable of being so measured.
Amendment of section 263 of Act 57 of 1951, as amended by section 8 of Act 3 of 1981 17.
Section 263 ofthe principal Act is amended by the deletion of subsection (2).
Amendment of section 277 of Act 57 of 1951 18.
"(3) If for any reason a majority ofthe members of the court (or, If the court consists of only two members, both members) are not agreed upon the question what the decision upon the appeal should be, the presiding officer shall report the fact to the [Authority] Minister, and thereupon the Minister may refer the appeal back to the court for reconsideration, or may discharge the members of the court and appoint another court of survey to hear the appeal,".
Amendment of section 282 of Act 57 of 1951, as amended by section 2 of Act 5 of 1998 19.
Minister, and thereupon the appeal shall be determined by such experts instead ofby the court.
The [Authority] Minister, ifthe appellant in any appeal so requests and gives security to the satisfaction ofthe [AuthorityJ Minister to pay any relative costs, shall refer the appeal to one or more experts selected in terms ofsubsection (1).
If an appeal is referred under subsection (1) to more experts than one, the [Authority] Minister shall appoint one of them as presiding officer.
Substitution of section 286 of Act 57 of 1951, as amended be section 22 of Act 18 of 1992 20.
The presiding officer ofa court of marine enquiry, maritime court ofcourt ofsurveyor body ofexperts to whom an appeal has been referred under section [two hundred and eighty-two] 282, or, ifan appeal has been referred to only one expert that expert shall, at the conclusion ofthe investigation or hearing transmit to the [Authority] Minister the notes of evidence and as many copies as the [AuthorityJ Minister may require ofthe record ofthe proceedings and the report and decisions; and any member ofthe court or anyone ofthe experts who dissents from any decision may attach to the record his written reasons for so dissenting, and the presiding officer shall transmit such written reasons with the record.
When the investigation affects a master or member of the crew ofa ship other than a South African ship the [Authority] Minister shall transmit a copy ofthe court's finding or decision, together with the notes of the evidence, to the proper authority in the country where the ship is registered.
Amendment of section 313 of Act 57 of 1951, as substituted by section 27 of Act 18 of 1997 21.
"(3) Every person [who, being the master of a ship involved in a collision, fails to comply with the provisions of section 258(1) or] who, being the master ofa ship to which any provision ofthe collision regulations applies, without reasonable cause contravenes or fails to comply with that provision, shall on conviction be liable to a fine, or imprisonment for a period not exceeding two years.".
Amendment of section 325 of Act 57 of 1951, as substituted by section 2 of Act 5 of 1998 22.
"on such conditions as to [it] the Minister appear proper: Provided that ifthe owner of any ship, share or goods referred to in paragraph (a) accepts such conditions he shall not thereafter be entitled to institute or maintain any action or other proceedings for damages on account of the detention, seizure or forfeiture.".
Amendment of section 355A of Act 57 of 1951, as inserted by section 31 of Act 18 of 1992 23.
Amendment of section 356 of Act 57 of 1951, as amended by section 42 of Act 30 of 1959, section 59 of Act 40 of 1963, section 11 of Act 5 of 1976, section 6 of Act 24 of 1974, section 19 of Act 3 of 1982, section 9 of Act 25 of 1985, section 32 of Act 18 of 1992, section 7 of Act 16 of 1995, section 15 of Act 23 of 1997, section 2 of Act 5 of 1998, section 27 of Act 57 of 1998 and section 60 of Act 58 of 1998 24.
(xxiiA) prescribing the minimum benefits to be provided and the other requirements to be met by the insurance or other financial security to be maintained in terms of section 1 89C;..
"(xliii) providing for the granting by the Minister or another specified person, on such terms (if any) as the Minister or other person may' spec~of exemptions from specified provisions ofthe.
This Act is called the Merchant Shipping Amendment Act, 200X.
This Act conunences on the day fixed by the President by proclamation in the Gazette.
L This Bill amends the Merchant Shipping Act, 1951 (Act No. 57 of 1951) ("the Act").
To make mandatory the appointment of certain ship safety personnel; .(iv) To delete or replacc certain obsolete provisions and expressions.
Clause 1 corrects the definition of "small vessel" in section 2(1) of the Act to cover vessels on the three meter threshold. This introduces consistency with section 72A ofthe Act, which prohibits the taking to sea ofvessels less than three metres in length.
Clause 2 deletes paragraph (c) of section 4 of the Act. The question of exemptions from the regulations is dealt with in Clause 22(c).
Clause 3 repeals section 5 of the Act This section has become obsolete because the question of the Act's administration is dealt with in the South African Maritime Safety Authority Act, 1998 (Act No.5 of 1998).
Clause 4 amends section l8 of the Act to introduce consistency with the International Convention on the Tonnage Measurements of Ships, 1969. South Africa is a party to the convention.
Clause 5 amends section 72A of the Act to clarify that length overall (and not tonnage length) is applicable in relation to vessels less than three metres in length.
Clause 6 amends section 73 of the Act to improve the text. The amended text makes it clear that the capacities, number and qualifications of seafarers employed on a South African ship are to be in accordance with the regulations.
Clauses 7 to 9 amend respectively sections l24, 140 and 169 ofthe Act to replace obsolete references and to introduce language that is consistent with current legislation governing compensation for occupational injuries and diseases. Clause 9 also extends entitlement to medical and maintenance benefits to all seafarers on a fishing boat, regardless ofhow they are remunerated. to. Clause 10 inserts new Chapter IVA on Financial Security for Loss of Life and Personal Injury, comprising sections 189A to 189N. The Chapter introduces a duty on the owner of a ship to maintain adequate insurance or other financial security for the purpose of compensating seafarers belonging to the ship (or their dependants in the case of death) who suffer death or personal injury as a result of an accident arising out of and in the course of their duties.
(e.g. the Compensation for Occupational Injuries and Diseases Act, 1993). The Chapter does not displace any common law right to damages; moreover, it establishes an additional statutory right to compensation from the shipowner where, for example, the shipowner has failed to maintain insurance or security in tenus of the Chapter. The minimum benefits to be provided and the other requirements to be met by insurance or other financial security in tenns of the Chapter will be prescribed by regulation. The appropriate regulation-making powers are taken in Clause 22(a). Il. Clause 11 amends section 226 ofthe Act to make an editorial correction.
Clause J2 amends section 249 of the Act to replace certain obsolete references and to introduce language that is consistent with current telecommunications legislation. l3. Clause 13 amends section 259 of the Act to clarify the time frame for making accident reports and to make certain drafting improvements.
Clause 14 amends section 262 of the Act to introduce consistency with the IntemationaJ Convention on Tonnage Measurement of Ships, 1969.
Clauses 15 to 18 amend respectively sections 268,277,282 and 286 of the Act to strengthen the Minister of Transport's role in relation to formal shipping enquiries (i.e. courts of marine enquiry, maritime courts and courts of survey). These amendments, together with related changes to the regulations, transfer responsibility for the convening and administration of formal shipping enquiries from the South African Maritime Safety Authority (SAMSA) to the Minister of Transport and the portfolio department, the purpose being to introduce a greater degree of independence in the formal casualty investigation function.
Clause 19 amends section 313 of the Act to delete an obsolete cross reference.
Clause 20 amends section 325 of the Act to transfer from SAMSA to the Minister of Transport powers respecting release from forfeiture and mitigation of penalties. Because SAMSA has power under the Act to order forfeiture and impose certain penalties, it is appropriate that questions of release and mitigation are dealt with by another authority.
Clause 21 amends section 355A of the Act to make mandatory the appointment of certain ship safety personnel in the interests of maritime occupational safety.
Clause 22 amends section 356 of the Act to enable regulations under new Chapter IVA on Financial Security for Loss of Life and PersonaJ Injury; to enable regulations relating to the occupational safety duties of employees (in addition to those of shipowners, masters and employers); and to remove doubt about certain exemption powers in the regulations.
Clause 23 is a standard provision dealing with the short title and commencement ofthe enactment. Commencement is to be on a day proclaimed by the President.
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Confused about the courts in South Africa This document explains South Africa's court structure, and has contact details for the courts as well as links to their decisions online?
The Constitutional Court is the highest court in South Africa. It has the final say on all matters relating to the Constitution of South Africa. Its decisions on the constitution are binding on all other courts. There are eleven judges who stand guard over the Constitution and protect everyone's rights. The head of the Constitutional Court is Chief Justice Sandile Ngcobo, the Deputy Chief Justice is Judge Dikgang Moseneke. This court came into existence in 1994.
When you are not satisfied with the outcome of a High Court decision, you can go to the Constitutional Court only if it has to do with constitutional issues. Normal appeal matters are however dealt with at the Supreme Court of Appeal.
You can also visit the constitutional court website at www.constitutionalcourt.org.za for further information.
The Supreme Court of Appeal is based in Bloemfontein, which is the Judicial Capital of South Africa. It is the highest court which has the final say on all matters, except those that involve the constitution. For example, all criminal appeal cases from the High Court end up in this court, unless the appeal relates to a point of constitutional law, in which case the Constitutional Court has the final say. The Supreme Court of Appeal used to be called "The Appellate Division", as it only hears cases on appeal.
Except for the Constitutional Court, no other court can change a decision of the Supreme Court of Appeal as it's decisions are binding on all courts of a lower order. Three to five Judges listen and decide on all cases of the Supreme Court of Appeal. The final decision of this court is the one supported by the majority of the judges listening to the case. The President of the Supreme Court of Appeal is the Honourable L. Mpati and the Deputy President is the Honourable L. Harms.
You can also visit the Supreme Court of Appeal website at www.justice.gov.za/sca/ for further information.
The High Courts of South Africa used to be called "The Supreme Courts". They listen to any case which is too serious for the Magistrate's Court or when a person or organisation goes to the court to change a decision of a Magistrate's Court, which means appealing a case.
Cases of the High Court are listened to by one judge, meaning a person with many years of practical experience. But if it is a case on appeal, then at least two judges must hear the case.
Sometimes if the case is about a very serious crime then a judge and two experienced people in law who are usually advocates or magistrates who have retired, will listen to the case. The two people are called assessors. Even if there are assessors, the judge does not have to listen to what they believe, but they usually help the judge make a decision.
The High Court divisions have "jurisdiction" - the right to hear a case - over defined provincial areas in which they are situated, and the decisions of the High Courts are binding on Magistrate's Courts within their areas of jurisdiction. They usually only hear civil matters involving more than R100 000, and serious criminal cases. They also hear any appeals or reviews from lower courts (Magistrates' courts) which fall in their geographical jurisdiction. The High Court usually hears any matter involving a person's status (for example, adoption, insolvency etc.).
The functions of a registrar are mainly administrative. The registrar also has semi-judicial duties, e.g. issuing civil process (summonses, warrants, subpoenas) and so on. Other important duties of the registrar are that of taxing-master for that particular High Court division. Registrars also compile case lists, arrange available courts, lend assistance to judges in general and keep records.
The Family Advocate assists the parties to reach an agreement on disputed issues, namely custody, access and guardianship of children. If the parties are unable to reach an agreement, the Family Advocate evaluates the parties' circumstances in light of the best interests of the child and makes a recommendation to the Court with regard to custody, access or guardianship.
o Tutors and Curators; and o Administration of the Guardian's Fund (minors and mentally challenged persons).
The Sheriff is an impartial and independent official of the Court appointed by the Minister of Justice and Constitutional Development who must serve or execute all documents issued by our courts. These include summonses, notices, warrants and court orders.
are responsible for all the criminal cases in their provinces, so all the prosecutors are under their control. The police bring information about a criminal case to the Director of Public Prosecutions or his/her represenatative prosecutors. The Director of Public Prosecutions or his/her representative prosecutorthen decides whether there is a good reason to have a trial and whether there is enough information to prove in court that the person is guilty.
The State Attorney's Division of the Department of Justice functions like an ordinary firm of attorneys, except that its clients are the different departments of government and not private individuals. The state attorney's major function is to protect the interests of the State by acting for all government departments and administrations in civil cases, and for officials sued in their official capacity.
There are at the moment fourteen provincial divisions of the High Court.
Tel: 021 480 2411.
You can read the decisions of the court here.
Circut Courts are also part of the High Court. They sit at least twice a year, moving around to serve more rural areas. They can be contacted through the High Court.
The Special Income Tax Courts sit within divisions of the High Court and consists of a judge of the High Court assisted by an accountant of not less than 10 years' standing, and a representative of the business community.
This court deals with any disputes between a taxpayer and the South African Revenue Service, where the dispute involves an income tax assessment of more than R100 000. Appeals against its decisions are made directly to the Supreme Court of Appeal. Tax disputes involving an assessment of less than R100 000 go the Tax Board.
The Tax Board is chaired by an attorney, advocate or accountant who works in the private sector and is specifically appointed by the President to assist as chairman of the Board. You can contact the Special Income Tax Court through the High Court and the Tax Board through the South African Revenue Service.
The Labour Courts have the same status as a High Court. The Labour Courts adjudicates matters relating to labour disputes between an employer and employee. It is mainly guided by the Labour Relations Act which deals with matters such as unfair labour practices for example dismissing an employee without giving notice. The Labour Court can order an employer or employee or union to stop committing an unfair labour practice. It can give jobs back to employees who have lost their jobs unfairly, and so on. The Labour Appeal Court hears appeals against decisions in the Labour Court and this is the highest court for labour appeals.
You can contact the Labour court through the High Court or by visiting the Labour Courts website.
Divorce Courts hear any matters relating to divorce. There are three such courts, the Central, North Eastern and Southern Divorce Courts, and they are designed to deal with less complicated divorces quickly and inexpensively. The Southern Divorce Court is the divorce court that has jurisdiction in the Western Cape, and it has offices at the Family Court Centre in Cape Town and a satellite office in Mitchell's Plain. You can contact the Family Court Centre through the Cape Town Magistrate's Court. (It is envisaged that these courts' functions will come to an end at the end of July 2010, as these functions will be moved to the Regional Courts when their civil jurisdiction comes into operation).
The Land Claims Court specialises in dealing with disputes that arise out of laws that underpin South Africa's land reform initiative. These are the Restitution of Land Rights Act, 1994, the Land Reform (Labour Tenants) Act, 1996 and the Extension of Security of Tenure Act, 1997. The Land Claims Court has the same status as the High Courts. Any appeal against a decision of the Land Claims Court lies with the Supreme Court of Appeal, and if appropriate, to the Constitutional Court. The Land Claims Court can hold hearings in any part of the country if it thinks this will make it more accessible and it can conduct its proceedings in an informal way if this is appropriate, although its main office it in Randburg.
You can get Land Claims Court judgments here.
The Water Tribunal is an independent body which has jurisdiction in all the provinces and consists of a chairperson, a deputy chairperson, and additional members. It has jurisdiction over water disputes. Members of the Water Tribunal must have knowledge in law, engineering, water resource management or related fields of knowledge. They are appointed by the Minister on the recommendation of the Judicial Service Commission, the body which chooses judges. The Water Tribunal replaced the Water Court in 1998. You can contact the Water Tribunal through the High Court.
was not a court as such but a different kind of forum set up to deal with crimes related to politics committed during apartheid. The Amnesty Committee had the power to grant amnesty (which means the perpetrator cannot be prosecuted) for politically motivated crimes fully and truthfully confessed, under certain conditions. The Human Rights Violation Committee decided on acts which constituted violations of human rights, based on statements made to the TRC. Once victims of gross human rights violations are identified, they were referred to the Reparation and Rehabilitation Committee, which decides on how to compensate victims. The work of the TRC is almost complete. Those who were not granted amnesty by the TRC for crimes committed during apartheid can be prosecuted.
The Magistrates courts are the lower courts which deal with the less serious criminal and civil cases. They are divided into regional courts and district courts. In Criminal Courts the state prosecutes people for breaking the law.
o The Regional Magistrates' Courts at present only deal with criminal cases whereas the district Magistrates' Courts deal with criminal and civil cases. The magistrate makes the decisions in a Magistrate's Court sometimes with the support of lay assessors.
o Ordinary Magistrate's Courts can be divided into either criminal courts or civil courts. The Regional Magistrates' Courts deal with more serious cases than the ordinary Magistrates' Courts - for example, murder, rape, armed robbery and serious assault.
In terms of the Criminal Law (Sentencing) Amendment Act (No 38 of 2007) a Regional Magistrate's Court can sentence a person who has been found guilty of offences that include murder or rape to imprisonment for life. The Court can also sentence people who have been found guilty of certain offences such as armed robbery or stealing a motor vehicle to prison for a period up to 20 years. A Regional Magistrate's Court can impose a maximum fine of R300 000.
The district courts try the less serious cases. They cannot try cases of murder, treason, rape, terrorism, or sabotage. They can sentence a person to a maximum of 3 years in prison or a maximum fine of R100 000.
The ordinary Magistrates' Courts can hear civil cases when the claims are for less than R100 000.
matters where it is asked if a person is mentally sane or not.
The most serious criminal matters are heard in the High Court. There are also a number of magistrates' courts that are specialised to be better able to deal with certain types of matters, such as the children's courts, sexual offences courts, etc. You can view a list of Magistrate's Courts in the Western Cape here.
Small Claims Courts have jurisdiction to hear any civil matter involving less than R 7 000 (unless both the person suing and the person being sued agree to limit the claim to less R7 000). But some cases cannot be taken to the Small Claims Court even if they are for R7 000 or less.
There is no magistrate or judge in the Small Claims Court, but the presiding officer is a Commissioner who is usually a practicing advocate or an attorney who acts as a commissioner free of charge. The Commissioner listens to both sides and asks all the questions since you cannot use a lawyer in the Small Claims Court, but you can get advice from a paralegal or a lawyer to prepare for your case.
No appeal may be filed against the judgment or order of the Small Claims Courts. The court proceedings may however be referred to the High Court for review on three grounds, namely: absence of jurisdiction by the court; interest in the cause, bias, malice or corruption on the part of the commissioner and gross irregularity with regard to the proceedings. You can contact your nearest Small Claims Court through your nearest Magistrate's Court.
These courts can be described as "district courts" that deal with the same cases as normal magistrate's court, the difference being that they only deal with petty crimes such as shoplifting cases, petty theft, petty gambling offences, petty traffic offences, drunkenness, drinking in public, riotous behaviour, failure to comply with a lawful instruction of a police officer, various train-related offences, common assault etc.
The Community Courts should also not be confused with the traditional courts in rural areas which assist in resolving less serous disputes. There are three Community Courts that have been established in the Western Cape namely: Mitchell's Plain Cape Town and Fezeka (Gugulethu). The court practices a restorative justice approach and many diversion and alternative sentencing options are available.
The accused is assessed as soon as possible (usually within 48 hours of arrest) to decide on suitability for diversion from the criminal justice system. Legal Aid attorneys are available on request.
Equality Courts have been set up to help someone who believes that they have suffered unfair discrimination, hate speech or harassment. These courts make sure that it is easy for someone with such a case to bring their case to the court and that the issue is finalised quickly.
Anyone can take a case to the Equality Court, even if you are not directly involved in what happened. This means a complaint to the court can be made against someone or an organisation you believe have failed to respect the rights of another person. The Equality Courts deal with complaints that are about unfair discrimination, hate speech or harassment.
You can take your complaint to your nearest Equality Court. The establishment of the Equality Courts seeks to achieve the expeditious and informal processing of cases, which facilitate participation by the parties to the proceedings, and also seeks to ensure access to justice to all persons in relevant judicial and other dispute resolution forums.
You can visit www.doj.gov.
Limpopo; Gauteng; Mpumalanga; North-West; Northern Cape; Western Cape; Eastern Cape; Free State and Kwazulu-Natal.
The child justice system tries to make sure that children under the age of 18 years do not commit a crime at all. If it is believed they have committed one and a case is opened against them, the law must deal with them looking at their age. This might sometimes be about not going to court, but finding another way to understand and change the child.
If they are found guilty of the crime the most important thing should be to try find a way that makes sure they return to their community changed in a way that will make sure they will not repeat the crime.
The child justice system is also about protecting communities from children who do crime, but it wants it done in a way that is different from how the criminal justice system works for example it says that if a child is arrested they must be assessed by someone called a probation officer before they appear in court. Even though it is like the child coming to court for the first appearance, at this time questions asked are about understanding the child and what caused what happened, its called inquisitorial in nature. The outcomes can be for the case to go through a process different from the courts. For example the child can accept they have done what it is said they did and there would be no trial, but just sentencing of the crime done.
Police are also encouraged not to put children in jail, unless there is nothing else they can do.
If found guilty a child's sentence can be to do work for the community, paying back the person wronged or being sent to a child or youth centre which focuses on changing children who have committed crimes and others. Sending a child to jail must be the last option and if done, must be for the shortest time possible.
Also important to know is that anyone under the age of eighteen (18) is a child and a child of fourteen (14) years or younger cannot be send to jail. Children of ten (10) years and younger cannot commit a crime since they are not expected to be able to tell the difference between wrong and right.
The Maintenance Court is situated in the Magistrate's Court. Mothers or fathers who do not get support for their children from the other parent can go there to claim maintenance from that parent.
There is a Maintenance Officer in charge of the Maintenance matter. It is not necessary to have an attorney to claim maintenance. The Maintenance Officer will help you to fill in the necessary forms.
If one of the parents of the child refuses to pay maintenance then the case must go to the Maintenance Court. If so, the Maintenance Officer will give details on when to appear in court and which court to go to.
As part of responding to the problem of sexual offences, special sexual offences courts are set up across the country. They are built in such a way that children and victims get the necessary care, respect and support at the court.
For example, there is a waiting room to make sure that the woman or the child who is a victim of e.g. rape, does not come in contact with the person accused. Toys are also available to make sure a relaxed atmosphere is created for a child.
In some cases television is used to make sure that evidence by the victim in given in a comfortable way.
The other programmes that is also implemented is that it is now made easier for victims to lay a charge by opening a case at a one-stop centre called a Thuthuzela Care Centre which is at a hospital.
Children's Courts have been established for circumstances where for example, a person or parent has the responsibility to look after the daily needs of a child (child custody). That means they will provide a home for the child, feed and support them, look after their daily needs and make sure they get an education.
The decision about who gets child custody is sometimes decided by a court, in the case where the parties are not agreeing.
Children are called legitimate if they are born to married parents, or their parents marry later. Children born outside of marriage are called illegitimate.
In the past, illegitimate children were treated fair by the law and society. But today's law makes sure that a child does not get blamed because their parents chose not to be married. For every child, no matter if they are legitimate or illegitimate, the law and court will look at what is the best thing for the child. That is how decisions about things like child custody are made.
The person who has custody is normally also the child's guardian, which means looking after what belongs to the child, for example money or property they receive from someone or somewhere. Such a person also signs contracts for the child, including going to court for the child as well as agreeing to the child getting married before 18 years of age. The mother of an illegitimate child is the "natural" guardian, but this can be changed by a court.
In the case of an illegitimate child, a father cannot make decisions as a parent about the life of their child, but must, in terms of the law, support the child. He can also not see the child if and when he wants of the mother does not agree.
But remember that we said that a court can decide to change all of this if it believes it is in the interest of the child. That means the father can always go to court to get child custody and guardianship.
Adoption is a way for a grown up person or people to get custody and guardianship over a child. This is done at a children's court by anyone who is close or can show that they are interested in the child growing up in a safe and positive way. It can be the father, married people, a single person or family.
But also very important to know is that if the parents are not married, the mother must first get permission of the natural father before giving away their child for adoption.
These courts have jurisdiction to hear certain matters on the level of magistrate's courts. They are designed to deal with customary issues in terms of customary law. An authorised African headman or his deputy may decide cases using indigenous law and custom (for example, disputes over ownership of cattle or lobolo), brought before him by an African against another African within his area of jurisdiction.
These courts are commonly known as Chiefs Courts. A person with a claim has the right to choose whether to bring a claim in the chief's court or in a magistrate's court. Anyone who is not satisfied with the decision in a chief's or headman's court can take their matter to the ordinary courts.
<fn>GOV-ZA.32305862En.2012-02-10.en.txt</fn>
Notes on Calculation ii. A minimum score of 6 points for Net Value is a requirement for the award of the Ownership Fulfillment point.
All principals defined in Code 2200 and Statement 802 apply to Code 2802 a.
The Adjusted Recognition for Gender must be applied as in paragraph 1.1.2 of Code 2300.
Statement 2804: Skills Development for QSE's a.
a. The QSE Preferential Procurement Scorecard a.
All definitions will apply to Codes 2000-2800 related to the Construction Sector as it appear in the Definition section, P87·93 of Government Gazette No.
Contractor Construction enterprise involved in the Construction Sector.
Unincorporated Joint Venture Means a Joint Venture between two or more Measured Entities affected by agreement without incorporation. This is a joint venture normally formed ad-hoc for a specific project, in which two or more parties share the obligations, risks and rewards.
Middle Management Category: Middle management reporting to Senior management category, professionally qualified employees and experienced specialists. Junior Management Category: The skilled technical & academically qualified employees, junior management reporting to middle management, supervisors, foremen and superintendents.
Mentorship rhe process of assisting employees to gain further knowledge, experience and skills; it is an activity that can be successfully used where senior employees develop junior employees within a company to enhance their career development.
Office Based Employees All staff who are based at the office. Generally this category of staff will be head-office staff in a contracting company. For BEP's it excludes staff that visits construction sites.
President Jacob Zuma visited Former President Nelson Mandela at his home in Qunu to wish him well on his birthday - 18 July '11.
President Jacob Zuma hosting President Jakaya Mrisho Kikwete of the United Republic of Tanzania for a two day State Visit on 19-20 July 2011.
The National Planning Commission held its inaugural meeting on Monday and Tuesday this week. It has taken us a long time to get to this point, a process that started with our appointment as ministers last May.
Today Parliament debates the vote of Statistics South Africa as a stand-alone vote for the first time since the establishment of democracy in South Africa.
I am extremely privileged to extend the warmest welcome on behalf of His Excellency President Zuma and all South Africans. We appreciate your decision to hold the 2nd Africa Water Week in South Africa.
Publications media@2010oc.
<fn>GOV-ZA.32311869En.2012-02-10.en.txt</fn>
STAATSKOERANT, 17 JUNIE 2009 No.
The Minister of Justice and Constitutional Development intends introducing the Constitution Seventeenth Amendment Bill of 2009, in the National Assembly. The Bill is hereby published for public comment in accordance with section 74(5) (a) of the Constitution of the Republic of South Africa, 1996. Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister of Justice and Constitutional Development. Comments should kindly be directed for the attention of Mr J J Labuschagne, Private Bag X81, Pretoria, 0001, or faxed to him at 086 501 8053 within thirty days after the date of publication of this General Notice in the Government Gazette. (Electronic mail address: Jolabuschagne@justice.gov.
BILL To amend the Constitution of the Republic of South Africa, 1996, so as to empower the national government to further regulate the executive authority of municipalities in respect of local government matters listed In Part B of Schedule 4 and Part B of Schedule 5 when it is necessary to achieve regional efficiencies and economies of scale in respect of a specific municipal function; and to provide for matters connected therewith.
Amendment of section 156 of the Constitution of the Republic of South Africa, 1996 1. Section 156 of the Constitution of the Republic of South Africa, 1996, is hereby amended by the insertion after subsection (1) of the following subsection:.
(1 A) illl Notwithstanding any other provIsion of the Constitution. national legislation may further regulate the executive authority of municipalities in respect of local government matters listed in Part B of Schedule 4 and Part B of Schedule 5 when it is necessary to achieve regional efficiencies and economies of scale in respect of a specific municipal function.
ill National legislation referred to in paragraph (a) may further regulate municipal executive authority in order to.ill facilitate appropriate institutional arrangements and municipal participation in those arrangements. including, but not limited to. compulsory participation and transfer of assets; illl facilitate appropriate planning and expenditure in respect of infrastructure and maintenance; 1illl facilitate eguitable tariffs. user charges. fees and service levels;. fu1 ensure eguitable access and universal coverage; M maintain. regulate and enforce essential minimum national standards; and M prevent unreasonable actions by a municipality which is prejudicial to the interests of another municipality or the country as a whole.
fl National legislation referred to in paragraph (a) must, as far as possible.
maintain municipal fiscal and institutional sustainability through protecting municipal revenue other than revenue derived from eguitable shares and allocations referred to in section 214.
@ National legislation referred to in paragraph (a) may only be enacted.ill if municipal boyndaries and executive authority negatively impedes regional efficiencies and economies of scale in respect of a specific municipal function; and illl after organised local government and the Financial and Fiscal Commission have been consulted and any recommendations of organised local government and the Commission have been considered.II.
STAATSKOE RANT. 17 JUNIE 2009 No.
This Act is called the Constitution Seventeenth Amendment Act of 2009, and comes into operation on a date set by the President by proclamation in the Gazette.
1.1 In February 2001 Cabinet approved the Blueprint for the Reform of the Electricity Distribution Industry (EDI) in South Africa which includes, amongst others, the establishment of six wall~to~wall regional electriCity distributors (REDs) as public entities.
1.2 The Constitution of the Republic of South Africa, 1996 (the Constitution) defines electricity reticulation as a local government matter to the extent that municipalities are granted executive authority over, and the right to administer, electricity reticulation. Municipal participation in EDI restructuring is therefore voluntary and the national government cannot compel municipalities to transfer their electricity distribution assets into the REDs. Voluntary EDI restructuring can therefore never achieve the government's objective of consolidating the industry into six wall~to-wall REDs. Consequently, it is not possible for the national government to achieve regional efficiencies, economies of scale and an effective regulatory and investment regime through the restructuring of the EDI into six wall-to-wall REDs.
1.3 Since the Blueprint was adopted in 2001, attempts have been made to restructure the EDI on a voluntary basis. Despite strenuous efforts it has not been possible to establish the REDs, and therefore no electricity distribution assets or staff have been restructured to date. It has therefore been concluded that EDI restructuring cannot work on a voluntary basis and that a constitutional amendment is required, followed by national legislation which establishes a mandatory EDI restructuring programme.
allow for a more effective and efficient regulatory regime for the sector.
2.1 The proposed amendment in the Constitution Seventeenth Amendment Bill of 2009 (the Bill) seeks to vest the national government with new powers of intervention at local government level when it is necessary to achieve regional efficiencies and economies of scale in respect of municipal functions. This is sought to be achieved by the insertion of a new subsection (1 A) in section 156 of the Constitution.
2.2 The proposed new section 156(1 A) is designed to facilitate not only EDI restructuring, but also the regionalisation of other municipal functions, when necessary. The purpose of the proposed new section 156(1A) is to allow the national government to further regulate the executive authority of local government in certain circumstances. Those circumstances would include, for example, where a municipal function can be provided to communities more effectively, efficiently and sustainably on a regional basis than on a local basis. While the proposed new section 156(1 A) is not expressly linked to the electricity function, it allows for the removal of the current constraints that prevent the national government to effect EDI restructuring.
2.3 The proposed new section 156(1 A}(a) provides that national legislation may, notwithstanding any other provision of the Constitution, further regulate the executive authority of municipalities in respect of local government matters listed in Part B of Schedule 4 and Part B of Schedule 5 to the Constitution when it is necessary to achieve regional efficiencies and economies of scale in respect of a specific municipal function. The circumstances under which such national legislation may further regulate municipal executive authority are set out in the proposed new section 156{1 A){b). In terms of the proposed new section 156(1 A)(c) such national legislation must facilitate certain governance issues. The proposed new section 156(1 A)(d) sets out the circumstances under which, and the requirements that need to be complied with before such national legislation may be enacted.
PARLIAMENTARY PROCEDURE The Department of Justice and Constitutional Development is of the opinion that the proposed amendments fall within the ambit of section 74(3){b) of the Constitution and consequently require the approval of both the National Assembly and the National Council of Provinces.
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The Minister of Transport hereby publishes the above draft Bill for public comments. Interested persons are requested to submit written comments on the above Bill by no later than 13 July 2009.
E-mail: MasombuA@dot.gov.za ThokaN@dot.gov.
To amend the National Road Traffic ~ct, 1996, so as to insert certain definitions and to amend others. To create for the registration and licensing of motor vehicles, manufacturers, builders, bodybuilders, importers and manufacturers of number plates. To empower the MEe to register the applicant as a manufacturer, body builder, builder, importer and manufacturer of number plates. To empower only a provincial Department of Transport or municipality to operate a driving license testing centre. To empower the CEO of RTMC to approve and register a driving license testing centre, To empower the rliinister to prescribe training procedures and disqualifications of persons appointed by an authOrity. To impose a duty on drivers to be in physical possession of drivers licences or proof thereof when driving a motor vehicle. To empower the Driving license testing centres to issue a drivers license. To prohibit the issuance of a driving license or learners license of a person who has been convicted of using an aid material in order to pass the driving license test. To set the 1 May 2003 as the date upon which the provision of Section 18(6)(a)shaif come into effect. To regulate the registration and grading of applicants as a driving school instructor and to direct how the zppiication and registration of applicants shall be processed. To formalize the driving school industry and prohibit unregistered and un graded driving schools and instructors from operating as such. To empower the MEC to approve applications for registration of the driving schools. To empower the MEC to prescribe regulations as to how to handle appiications as a driving school instructor, To empower the MEC to suspend, cancel or deregister a driving school when suspected of contradicting this act.. To empower the MEC to declare as void, documents purporting to be driving licenses issued in contravention of the Act and to empower the Inspectorate of the driving license testing centres to destroy such documents. To empower the Minister to appoint a person, authority or a body as an inspectorate of driving licence testing centre, To prohibit the use and presentation of someone's license under false pretenses. To provide for the suspension of driving licenses and the circumstances under which a license should be suspended where a person exceeds the speed limit in excess of 30 KM per hour over an applicable speed limit in an urban area, and a speed in excess of 40 KM per hour over the applicable speed limit outside an urban area or incidental matters connected therewith.
Amendment of Section 1 of Act 93 of 1996, as amended by section 1 of Act 8 of 1998 and section 1 of Act 21 of 1999 1.
"the principal Act".
"body builder" means a person who builds and fits new bodies on chassis or chassis cabs, or modifies existing bodies".
If the MEC is satisfied that an aoplicant referred to in subsection (1) complies with the qualifications for competency as prescribed for the specific category in respect of which the application is made, the MEC shall register such applicant on the conditions and in the manner orescribed.
The MEC may, in the prescribed manner, alter the conditions referred to in subsection (2).
The MEC may. in the prescribed manner, suspend for such period as he or she may deem fit, or canceL the registration of a manufacturer. builder, bodybuilder or importer.
Every manufacturer, builder, bodvbuilder or imoorter shall. in the prescribed manner, register everY motor vehicle manufactured, built or imported by him or her, before he or she distlibutes or sells such vehicle.
The Minister may appoint a person, an authority or a body as an inspectorate of manufacturers, builders. body builder and importers.
The powers and duties of the inspectorate contemplated in subsection (1) in relation to the registration and inspection of manufacturers, builders, body builder and importers shall be as prescribed.
The Minister may, in order to defray the expenditure incurred by or on behalf of that inspectorate for the purposes of performing its functions, prescribe fees to be paid in respect of inspections carried out by it in terms of this Act.
Amendment of sections 8 of Act 93 of 1996 4.
S. [No Person] Only a provincial deoartment of [StateI TranSDOf! or [registering authority] municipality shall operate a driving licence testing centre [unless] provided that such testing centre is registered and graded.
SA. (1) [Any person] A orovincial department of [state] Transport or [registering authority] municipality desiring to operate a driving licence testing centre shall in the prescribed manner apply to the [inspectorate of driving licence testing centres] chief executive officer for approval and the registration of such testing centre.
A driving licence testing centre may, on the prescribed conditions be registered [and graded] to operate a mobile facility that may test applicants for learner's licences [only] at piaces other than such centre.
Amendment of sections 9 of Act 93 of 1996 5.
On receipt of an application referred to in section SA, the chief executive officer may after recommendation from the inspectorate of driving licence testing centres, sha.l and if satisfied that, in relation to the driving licence testing centre concerned, the prescribed requirements Tor the registration of such a testing centre havs been met, register and grade such testing centre in the prescribed manner, and give notice of such registration in the Gazette.
Amendment of section 10 of Act 93 of 1~96 6.
The inspectorate of driving licence testing centres [may] shall, if a registered driving licence testing centre no longer complies with the requirements referred to in section 9, suspend the registration of that testing centre for such period as it deems fit, and mat, S recommendation to the MEC (CEO) to [o-rq regrade or cancel it, in the prescribed manner.
The Minister shall.[after the decision has been taken by the shareholders Committee] appoint a person, an authority or a body as an inspectorate of driving licence testing centres.
"(5) The Minister shall prescribe the re:ationship behveen the insoectorate and any inspectorate (compliance monitoring unit for road traffic legislation) instituted by provincial road traffic legislation.
12(b) unless he or she keeps valid proof of such licence or document or any other prescribed authorization in the original format with him or her in the vehicle.
Amendment of sections 15 of Act 93 of 1996 10.
the substitution for subsection (1).
The chief executive officer [concerned] may, if he or she deems it expedient and on such conditions as he or she may deem fit, declare that any person shall no longer be subject to any disqualification, suspension or cancellation by a competent authority referred to in subsection (1)(b). (c) or (d), respectively: Provided that in the case of any cancellation such declaration shall be subject to section 25(9).
issue or authorise the issue of a new licence in the prescribed manner reflecting the conditions on which it is issued.
"(4) A person who is the holder of a drivina licence who wishes to surrender such licence or to be issued with a licence for another class of motor vehicle authorised bv the category of licence he or she holds, may request the chief executive officer to cancel such licence or to issue him or her with another cateqory of licence as applicable."
17.(1) Subject to section 24, a person desiring to obtain a learner's licence shall apply in the prescribed manner to an aoorooriately graded driving licence testing centre.
Upon receipt of the application. the driving licence testing centre shall deal with the application in the orescribed manner.
If the driving licence testinq centre is satisfied that the apolicant, after being evaluated in the orescribed manner has sufficient knowledge of the matters prescribed in respect of the class of vehicle concerned, and is not disqualified in terms of section 15 from obtaining a learner's licence.
Any applicant for a leamer's licence who makes use of any unauthorised aid during a test for a leamer'S licence or is found in possession of an aid that may assist a person in answering a test for a leamer's licence shall be guilty of an offence and upon conviction shall. in addition to any other sentence which the court may impose, automatically be disqualified from re-applying for a learner's licence for a prescribed period not exceeding12 months from the date of conviction.
If a Derson has been convicted in terms of subsection (5) the registrar or the clerk of the court shall inform the chief executive officer in the prescribed manner and if the person so convicted has obtained a learner's or driving licence between the date of the offence and six months from the date of conviction, such licence shall be null and void from ths date of conviction.
Amendment of section 18 of Act 93 of 1996 13.
Subject to section 24, the holder of a learner's licence issued in terms of section 17, who desires to obtain a driving licence shall apply in the prescribed manner to an appropriately graded driving licence testing centre [for a licence to drive a motor vehicle of a class of which is authorised by his or her iearners iicence] and such application shall be accompanied by a certificate issued by a registered drivino school as contemplated in section 28F.
Upon receipt of an application in terms of subsection (1), the driving licence testing centre concerned shaH [if it is satisfied from the information furnished in the application or from such further information as such centre may reasonably request that the applicant is not disqualified from obtaining a driving licence, determine a day on and time at which the applicant shall present himself or herself to be examined by an examiner for driving licences in the manner an in respect of matters as prescribed, and for such purpose the applicant shall supply a motor vehicle of the class to which his or her application relates] deal with the application in the prescribed manner.
An examiner for driving licences shall test an applicant for a driving licence in the manner, with equipments and in respect of the matters as prescribed.
(SA) Any applicant for a drivinq licence who makes use of anv unauthorised aid during a test for a driving licence or is found in possession of an aid that may assist a person in passinq a driving licence test shall be Quilty of an offence and upon conviction shall, in addition to any other sentence which the court may impose, automatically be disaualified from re-applying for a driving licence for a prescribed period from the date of conviction.
If a person has been convicted in terms of subsection (5A) the registrar or the clerk of the court shall inform the chief executive officer in the prescribed manner and if the person so convicted has obtained a driving licence between the date of the offence and six months from the date of conviction, such licence shaH be nul! and void from the date of conviction.
Subject to paragraph (b), a driving licence which has officially been included in an identity document shall be deemea to be a driving issued under this Act. until a date fixed by the Minister by notice in the Gazette} not be accepted as proof of a driving license.
[The date determined in that notice] before 1 May 2003, shall, upon proof submitted by any such person of the date of his or her discharge from such facility or, release from such institution or his or her retum to the Republic, be [deemedI allowed to exchange such license [be a date] within six months after the date of such discharge from such facility or, release from such institution or return to the Republic.
Amendment of section 19 of Act 93 of 1996 14.
Upon receipt of an application under subsection (1), the examiner for driving licenses. if he or she is satisfied that the existing license is a valid license and that the applicant is the holder Ineteof, shall. subject to section 25. issue or authorize the issue ofe: drivine license on the prescribed form and in the prescribed mannei in respect of the class of motor vehicle to which the existina license relates.
Any person whose licence has become invalid in terms of [subsection (3)] section 18(6) and who requires a driving licence must apply anew for the issue of a licence in terms of section§. 17 and 18.
Amendment of section 23 of Act 93 of 1996 15.
"When foreign driving license not issued in terms of this Act} or intemational driving permit is deemed to be driving license" Amendment of section 24 of Act 93 Of 1996 16.
24 (1) A provincial department of Transport registered as a driving licence testing centre may issue a leamer's or driving licence as prescribed in sections 17 and 18 respectively, in the prescribed form to a person who is in the employment of such department of state onlv.
Amendment of section 25 of Act 93 of 1996 17.
25 (1) Subject to the provisions of subsection(2).
of a learners or driving licence issued in terms of this chapter, a repealed ordinance or any prior law.
If any person, after having been examined and tested in terms of subsection(2}[(a)] is found not to be competent to drive a motor vehicle of the class provided by him or her, the chief executive officer shall forthwith cancel the licence concerned.
When a licence is cancelled or suspended in terms of subsection (1) or is cancelled in terms of subsection (3) (a) or (4), the holder thereof shall forthwith submit the license to the chief executive officer or an inspector of licences authorised by him or her.
The chief executive officer or the inspector of licences, as the case may be, shall record particulars of the cancellation or suspension in the register for driving licences and where the licence has been suspended the chief executive officer or the inspector of licences, as the case may be, shall retain the licence until the period of susoension expires, where after it shall be returned to the holder thereof.
Where any circumstance arises in relation to the holder of a licence authorizing the driving of a motor vehicle and which is issued in a prescribed territory or a foreign state, wrlich would have disqualified such person as contemplated in section 15 from obtaining a driving licence, or if such holder would constitute a source of danger to the public by driving a motor vehicle on a public road, the chief executive officer concerned may inform such person that such licence is of no force within the Republic, and as from the date on which such person is so informed the licence shall cease to be in force within the Republic and the chief executive officer shall retain such licence under the prescribed conditions.
Amendment of section 27 of Act 93 of 1996 18.
on which an endorsement prescribed in terms of section 18 or a similar endorsement by a competent authority in a prescribed territory has been effected, is of the opinion that there are circumstances justifying the cancellation or amendment of such endorsement, he or she may apply to the chief executive officer of the oravince in which he or she is permanently or ordinarily resident for the cancellation or amendment of such endorsement.
Amendment of section 28 of Act 93 of 1996 19. Section 28 of Act 93 of 1996 is hereb}!
Any person desiring to be realstered as an instructor shall apply at a driving licence testing centre to the chief executive officer on form RI as shown in Schedule 2, in respect of one or more of the classes of motor vehicles for which a learner's or drivina iicence can be obtained as contemplated in reaulation 99 (1), and such application shall be accomoanied by the appropriate fee as determined by the MEG of the province concerned.
the driving licence testing centre shall reauire the applicant to be medically examined at the applicant's cost by a medica! practitioner or occupational health practitioner in order to obtain a report on form MG as shown in Schedule 2 on the physical and mental fitness of such apolicant to act as an instructor.
A member of the South African Police Service may take the finger and palm prints of the applicant to enable him or her to report in terms of SUb-regulation (2).
Before an application in terms of sub-regulation (1) is forwarded to the chief executive officer. the driving licence testina centre concerned shall attach the reports referred to in sub-regulation (2) and shall at the same time draw the attention of the chief executive officer to any relevant information.
STAATSKOERANT, 11 JUNIE 2009 NO.32312 25 280. (1) No person shall operate a driving school unless such driving school is registered and graded.
"Application for registration of driving schoo!"
28F. (1) Upon receipt of the apolication referred to in section 28E and on the recommendation of the Provincial monitorina unit. the MEC is satisfied that the driving school concerned has met all the requirements for reaistration, the MEC shall reqister and grade such drivino school on the conditions and in the prescribed manner, and shall aive notice of such registration and grading in the Gazette and local newsoaper.
Amendment of section 29 of Act 93 of 1996 19.
Amendment of section 30 of Act 93 of 1996 20.
No person who is the holder of a leamer's or driving licence shall allow such licence to be used by any other person.
No person shall use any other person's licence and present such licence as his or her license.
Amendment of section 31 of Act 93 of 1996 21.
No person who is the owner or operator, or is in charge, or control, of a motor vehicle shall employ or permit any other person to drive that vehicle on a public road unless that other person is licensed in accordance with this Chapter to drive the vehicle and shall take the necessary steps to ensure that such person is licensed before such person drives such vehicle.
Amendment of section 32 of Act 93 of 1996 22.
No person shall drive a motor vehicle of a prescribed class on a public road except in accordance with the conditions of a professional driving permit issued to him or her in accordance with this Chapter and unless he or she keeps such permit with him or her in the vehicle: Provided that this subsection shall not apply to the holder of a leamer's licence who drives such vehicle while he or she is accompanied by a person [registered as a professional driver in respect of that class of vehicle] who is the holder of a professional driving permit in respect of that class of vehicle and who is in possession of such permit: Provided further that if the person accompanying such person is an examiner for driving licences, such examiner does not have to be the holder of a professional driving permit.
Any document issued by a competent authority in any prescribed territory, other than a driving licence, approved bv the Minister by notice in the Government Gazette, and serving in that territory a purpose similar to that of a professional driving permit shall, subject to the conditions thereof and to such conditions as may be prescribed, be deemed to be a professional driving permit for the purposes of subsection (1).
Amendment of section 33 of Act 93 of 1996 23.
If any person is charged with any offence in terms of this Act relating to the driving of a motor vehicle or a failure to stop after or report an accident, he or she shall produce every licence card and permit of which he or she is the holder [, or a duplicate thereof issued in terms of this Act if he or she is not in possession of the original] to the court at the time of the hearing of the charge.
For the purposes of this section and sections 34 to 36, inclusive"licence" means a learner's or driving licence card; and "permit" means a professional driving permit.
No person referred to in subsection (1) shall, without reasonable excuse, refuse or fail to produce in terms of that subsection the licence and permit [or duplicate] so referred to on request.
Amendment of section 34 of Act 93 of 1996 24.
Where a court has issued an order under subsection (1) (a) or (b) the registrar or clerk of the court shall, subiect to subsection (2 retain such licence and deal with it in the Drescribed manner.
"(4) Where a court has issued an order in terms of subsection (1) (c) the registrar or clerk of the court shall notify the chief executive officer in the prescribed manner of such order and the chief executive officer shall record such order on the register for drivinG licences ."
Amendment of section 80 of Act 93 of 1996 25.
This Act is called the National Road Traffic Amendment Act, 2009, and comes into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.32422984En.2012-02-10.en.txt</fn>
The Department of Communications intends introducing the South African Postbank Bill into Parliament before end of 2009. Written comments on the proposed Bill must be received within two weeks of the date of publication of this notice (Le.
Post to: Private Bag X860 Pretoria 0001 or deliver to: First Floor, Block A3 iParioli Office Park 399 Duncan Street Hatfield or fax to: (012) 427 8059 fax 0866822810 or e-mail to: . postbankbill@doc.gov.
Ms Dimakatso Mojela can be reached at tel.
The Bill and consultation document can be obtained at the Department's website: www.doc.gov.za or at Government Printers.
Gazette No.
To provide for the corporatisation of the Postbank, to provide for the renaming of the Postbank to South African Postbank and to provide for the regulation and supervision of the business of the South African Postbank and for matters connected therewith.
Repeal of laws 32.
"Banks Act" means the Banks Act, (Act No.
a child, stepchild, parent or stepparent c.
"Companies Act" means the Companies Act, (Act No.
Co-Operatives Act, (Act No.
"Deposit" means deposit as defined in section 1(1) of the Banks Act No.
Financial Markets Control Act, (Act No.
"Post Office Act" means the Post Office Act, (Act, No.
"Postal Company" means the South African Post Office Limited established in terms of the Post Office Act No.
Act, (Act No.
The Postbank division of the Post Office shall be incorporated as a wholly owned subsidiary company of the Post Office in terms of the Companys Act as the South African Postbank Limited or such other name as the Registrar of Companies approves, and all references in this Act to the Bank shall be a reference to the company so established.
Date of incorporation shall be determined by the Minister by notice in the Gazette.
Notwithstanding the provisions of the Companies Act, the Minister or such other person delegated by the Minister shall sign the memorandum and the articles of association of the Bank.
The Minister shall by notice in the Gazette, determine the date of transfer of the former Postbank to the corporatized Bank.
any other matter which the Minister deems expedient for the functioning of the Bank.
The Bank shall, as consideration for the transfer of assets, liabilities, rights or obligations in terms of subsection (1) (a), issue to the Post Office fully paidup shares in the Bank and such value shall be deemed to be reasonable consideration for such transfer.
Notwithstanding any provision to the contrary in any other law, the Bank shall on the transfer date become the owner of the assets, movable and immovable, transferred to it in terms of subsection (1) (a).
The accounts of the former Postbank shall be audited by the independent external auditor within three (3) months of the transfer date and the independent external auditor shall determine the value of all the assets and liabilities of the former Postbank. The value so determined shall become the opening balance on the balance sheet of the Bank.
Notwithstanding the provisions of section 5 of the State Land Disposal Act, (Act No. 48 of 1961), and section 18 of the Deeds Registries Act, (Act No. 47 of 1937), the registrar as defined in section 102 of the Deeds Registries Act shall, on submission to him or her of a certificate by the Minister that State land has been transferred in terms of subsection (1) (a), free of charge make such entries and endorsements as he or she may deem necessary in or on any appropriate register, title deed or other document in his or her office or laid before him or her, in order to register the transfer of such land in the name of the Bank.
confirm the existence of the servitude over the State land so transferred in favour of any other person.
Notwithstanding legal provisions to the contrary, no servitude or other right of any kind in respect of State land transferred to the Bank in terms of subsection (1) (a) shall be acquired by prescription.
Notwithstanding any provision to the contrary in any other law, the_Bank shall be exempt from any stamp duties, transfer duties or registering fees payable in terms of any law in relation to the transfer to the Bank of assets or rights in terms of subsection (1) (a).
Unless otherwise provided for in this Act or approved by the Board, the Bank shall not alienate or encumber, otherwise than in the normal course of its business, assets transferred to the Bank in terms of subsection (1) (a) and used to perform any relevant activity.
For the purposes of the Income Tax Act, (Act No. 58 of 1962), the assets mentioned in sUbsection (1) (a) shall be deemed to have been acquired in terms of that subsection by the Bank at a price equivalent to the value determined in terms of subsection (3).
The Bank shall be the subsidiary wholly owned by the Post Office, on behalf of the Government.
to do any such other act as it may be authorised to do under this Act.
(1). The Bank shall be controlled by the Board of directors.
determine and implement policies to administer this Act.
The first Board of the Bank shall be appointed by the Minister and thereafter as determined by the Articles of Association.
the Managing Director, the Chief Operations Officer and the Chief Financial Officer or their equivalent who are by virtue of their positions are members of the Board or ex-officio members of the Board.
In order to determine whether a particular person is fit and proper to hold the office of a director of the Bank, the Minister shall have regard to the following qualities, insofar as they are reasonably determinable.
possess suitable qualifications, expertise and experience in the field of banking or finance and economics, or any other relevant expertise or qualifications.
The members of the Board shall be appointed for such period, not exceeding five years or as the Minister may in the case of each member determine.
At the expiry of the period of any board member or any retiring, board member may be re-appointed as a member of the Board unless removed from his or her office or disqualified for any of the reason provided under section 9.
The Minister must designate one of the members of the board referred to in subsection (1) as the chairperson and another as deputy chairperson of the board and both to whom must be no-executive members of the board.
theft, fraud, forgery or uttering a forged document, perjury, an offence in terms of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No.
(g). has been sentenced, after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993).
(h). has at any time been removed from an office of trust on an account of misconduct.
The affairs of the Postbank shall be administered by the executive committee consisting of the Managing Director, Chief Operations Officer, Chief Financial Officer and other members.
The business, products and services of the Bank will be as defined in section 1 (1) of the Banks Act.
Subject to the Public Finance Management Act and the approval by the Minister, the Bank shall be entitled to conclude joint ventures and other commercial agreements with third parties in order to promote and advance its business as set out in section 9, subject to the provision of the Banks Act.
the capital invested in the Bank at the commencement of this Act as determined by the external auditor.
such moneys as Parliament may from time to time by appropriation authorize the Minister to pay to the Bank as part of its funds.
The interest set out in subsection (2) shall be payable upon such dates as the Minister may from time to time direct, and shall be payable at such rates as may be agreed between the Board and the Minister.
The Board shall have power to raise funds upon such conditions as shall be determined by the Minister in consultation with the Minister of Finance.
repayments of such deposits and any interest due thereon shall not, subject to the provisions of this Act, be made without the written consent of both the t.
any other person not otherwise excluded from depositing funds in another bank.
Inactive and Dormant accounts with the bank shall be dealt with in accordance with the terms and conditions signed with the client.
until the bond or other security which is proposed to be given in respect of the advance has been registered as required by law or otherwise completed, or until such conditions as the Board may determine have been complied with.
If an advance has been approved, it must be taken up within three months, otherwise it will lapse.
The rate of interest payable to the Bank in respect of advances shall be prescribed by the Board from time to time, and the rate so prescribed shall be sufficient to ensure that the Bank does not contravene the prudency requirements as set out in chapter 6.
If any amount owing to the Bank is repaid on a date prior to the due date for payment of any instalment or interest, the Bank may claim interest in respect of such amount up to the date of such payment only.
Money may be remitted through the Postbank either within or outside the Republic at rates determined by the Postbank and the Postbank may authorise any employee to issue and pay money orders, postal orders and other documents authorised to be used for the purpose of so remitting money.
The Managing Director may, at the request of a depositor, make arrangements with any banking authority outside of the Republic, for the transfer to the Republic into the account of any depositor with the Bank, of monies standing to the credit of the any person in a bank account under the control of such authority, or from the Republic to any such account of monies standing to the credit of any person with the Bank.
No transfer shall be made under subsection (1) unless it is made in accordance with any exchange control regulations in force in the Republic, and with such conditions as may, from time to time, be laid down for the purposes of this section by the Board..
Where payment of any such money order, postal order, or other document is so refused, such money order, postal order or other document may, if it was issued in the Republic, be returned to the person to whom it was originally issued or otherwise disposed of as the court may determine, or, if it was issued outside the Republic, the amount thereof must be returned to the postal authority of the country in which it was issued.
Any unissued postal order must be regarded as money of the Postbank.
National Savings Certificates issued in terms of section 77(A) of the Post Office Act, No. 44 of 1958 shall, on maturity, be paid by the Postbank.
The bank shall comply with the prudential requirements as set out in the Banks Act and all of the regulations enacted in relation to such sections.
The supervision of the prudential requirements as set out in subsection (1) shall be the responsibility of the Registrar mutatis mutandis on the same basis as set out in Chapter 2 of the Banks Act, provided that any failure by the Bank to comply with the prudential requirements as set out in subsection (1) shall be reported by the Registrar and the Minister of Finance.
The Registrar and the Minister of Finance shall thereafter agree upon the way in which such non-compliance with the Bank shall be corrected.
The provisions of the Public Finance Management Act and the Banks Act shall be applicable to the Bank and its business.
The Minister or any officer in the public service authorised by him or her in writing, shall have full access to all the accounts, documents and papers of the Bank, and the Board shall at all times furnish to him or her all such information as he or she may reasonably require.
The reserve fund of the Bank shall be credited with any net to profit earned by the Bank from time to time and shall be applied by the Board in making good any loss or deficie, ncy which may occur in any transaction of the Bank.
Any balance remaining in the reserve fund after providing for any loss or deficiency aforesaid, may be invested in Government or municipal stock or securities or in any other stock or securities approved by the Board, or be devoted to any of the purposes to which any other funds of the Bank may in terms of this Act be devoted.
At the incorporation of the Bank as set out in section 3, the Post Office as the shareholder shall appoint an independent external auditor, as the auditor of the Bank on mutatis mutandis the same basis as set out in the Companies Act.
The Minister may make regulations on any matter consistent with the provisions of this Act and upon the recommendation of the Board.
Limitation of Liability in terms of this Act shall be dealt with in accordance with the provision as provided for in the Banks Act.
Offences and penalties in terms of this Act shall be dealt with in accordance with the provision as provided for in the Banks Act.
The laws mentioned in the First Schedule to this Act are hereby repealed to the extent set out in the third column of that Schedule.
This Act is called the South African Postbank Act and come into operation on a date to be fixed by the President by proclamation in the Gazette.
Act NO. 44 of 1958 Post Office Act, of 1958 I Section 3 (4) (b) (ii) (cc) and section 3 (4) (d) to allow the Postal Company to issue shares.
This consultation document is aimed at eliciting comments on the proposed South African Postbank Act. The comments received will enable the Department to refine and enhance its proposals before embarking on the process of introducing the draft legislation to parliamentary process. The proposals and the views in this document should therefore not be regarded as the Department's final view.
The consultation document is published with the Draft South African Postbank Bill that indicates how the Department's proposal will appear in a legislative format. This is to give persons and bodies wishing to comment and to make suggestion sufficient information to enable them to make informed comments and suggestions.
The Director General: Department of Communications Private Bag X 860 Pretoria 0001 Or Fax: 0124278105 Or Email: dimakatsom@doc.gov.zaorthembani@doc.gov.
An electronic version of this consultation document and the draft bill can be accessed on the internet at: www.doc.gov.za. For further information, the Department can be contacted at: 012 427 8106/8529/7017 1.
Postbank is a financial services division of the Post Offices around the world. Their main aim is to give mostly isolated communities access to vital financial and related services and thereby contribute greatly to the economic and social development.
The South African Post Office (SAPO) has been offering financial services ever since its incorporation when firstly money order service and postal orders were introduced. Postbank was established by Post Office Act, 1958 (Act No. 44 of 1958) as division of the Post Office and under the control and management of the Post Office. The Postbank was used as a deposit taking and saving institution since its incorporation. As a financial services division, the Postbank has become extremely irnportant in the realization of integrated services delivery to the people of South Africa. Many financial transactions are done through the post office systems to ensure that ordinary people participate within the economic activities, irrespective of their physical location or financial background. Many organizations including Government utilize the services of the Post Office and in particular the Postbank to ensure access to their services.
Corporitisation of the Postbank has been envisaged in terms of the White Paper on Postal Policy (1.996) as a subsidiary of the South African Post Office in the short term and a stand-alone company in the long term extending to lending facilities. In 2005, Memorandum of Understanding (MOU) was entered into between Ministers of Communications and Finance on the governing prinCiples and the process to be followed in the restructuring and corporatisation of Postbank. The MOU included the milestones to be undertaken until the process is finalized in line with the 1996 Postal Policy.
The Postbank is currently regulated in terms of the Postal Services Act, 1998 (Act No. 124 of 1998) as amended and is exempted from the application of the Banks Act. The Postal Services Act does, however, not provide for any obligation on the Postbank, except for that section which allows for the provision of such financial services. The Postbank is also managed and controlled by the Post Office board and management.
As a financial services provider, the Postbank, like any other financial institution is exposed to the possibility of financial crimes such as money laundering and related activities. There are certain requirements in terms of the financial services laws that need to be complied with when providing financial services. The Postbank because of its nature and its current regulatory framework is exempted to comply with those requirements, which can expose it to the possibility of financial crimes being committed.
Corporatisation of the Postbank is also maimed at ensuring compliance with regulations and laws to ensure proper management of the bank as a financial service institution and continue to be the key player in ensuring access to the financial services, particularly to the underserviced population.
The process of corporatising the Postbank can only be finalised once a regulatory framework has been put in place. Task team consisting of SAPO, Department of Communications and National Treasury was established to work on the corporatization process.
The Department of Communications is tasked with developing and or identifying enabling legislation to govern the corporatization of the Postbank. The Draft South African Postbank Bill has been developed to facilitate the process. The National Treasury as one of the key stakeholders is already working on other prudential requirements for the corporatisation process.
The objective of the Bill is to implement the Postal policy and the MOU of making the Postbank a subsidiary of SAPO and its vision as the corporatised Postbank.
The objectives of the Bill is to implement the vision of the White Paper on Postal Policy, 1996 and the MOU entered into by the Ministers of Communications and Finance in respect of the corporatisation the Postbank into a subsidiary legal entity owned by SAPO on behalf of Government.
extend lending facilities subject to approval of the South African Reserve Bank, in consultation with the shareholder.
The purpose of the proposed South African Postbank Act is to provide for the corporatisation of the Postbank, for the re-naming of the Postbank to South African Postbank and to provide for the regulation and supervision of the business of the Postbank in line with the Bank's Act.
Interpretation and Objects of the Bill This chapter provides for the interpretations of words as they will be used in the legislation and also the objects of the proposed legislation. The main aim of the Bill is the creation of a Bank of first choice for the underserviced communities and the establishment of a financial institution to mobilise masses savings and investment and encourage economic participation by all citizens, particularly in the rural area and for government's financial services programme to the communities.
Incorporation and transfer of the business of the Postbank This chapter provides for the incorporation of the South African Postbank as public entity wholly owned by the SAPO on behalf of Government in terms of the Companies Act. It also makes provisions as to how the business, employees, rights, obligations, and customers of the former Postbank shall be transferred to the corporatised Postbank from the Post Office. It also outlines the relationship that will exist between the corporatized Postbank and the Post Office.
Ownership and functions of the Bank The Bill provides for the Postbank to be wholly owned and a subsidiary of SAPO on behalf of Government. The powers and functions of the Postbank is to realise its objectives of being a bank of first choice for the underserviced communities.
Control and Management of the Bank This chapter provides for the establishment of a Board that will control and manage the Bank.
non-executive members and a Managing Director (MD), Chief Operational Officer (COO) and Chief Financial Officer (CFO) as executive members. It also provides for how the Board members shall be appointed and their responsibilities, 1:1s well as the disqualification of Board member for any contravention to the provision of this legislation.
Business, Products, Services and Funds of the bank The chapter provides for the business and products services that the bank may provide. It also provides for the funds of the Bank and empowers the bank as a legal entity to conclude agreements with the third parties and to raise funds.
Money Order Transfer This chapter is adopted from the provision of chapters V and VI of the Postal Services Act 124 of 1998. It provides for the regulation of money remittance, both inside and outside the country through the Postbank and the payment for National Savings Certificate by the Bank.
Prudential requirements The chapter provides for the Postbank to comply with the prudential requirements as set out in the Bank's Act and for the supervision of the Bank by the Registrar. This compels the Postbank to comply with the financial services sector regulations and to ensure that it does not fall victim of financial criminal activities. This chapter was done in agreement with the National Treasury and the Reserve Bank.
Accounts of the Bank The proposed legislation also places obligations on the Bank to publish and keep accounts and documents of the Bank for inspection of the Minister or any officer authorized. It also provides for the appointment of an independent external auditor by the SAPO as the auditor of the Bank.
General and Miscellaneous The Bill provides for the power of Minister to make regulations consistent with the proviSion of the Act on recommendation of the Board. It also provides for the limitation of liability on Government, SAPO, the Board or employee for any loss, unless act of negligence can be proved. The proposed legislation also creates what constitutes an offence and the penalties that can be imposed for any contravention of or any failure to comply with the provisions of the proposed legislation.
The Department believes that a comprehensive administrative and regulatory framework to ensure the corporatization of the Postbank as an independent public entity will establish an effective and co-operative process to remedy the failures and to comply with the financial regulatory systems in the country. The aim is also to ensure access to the much needed financial services by communities, especially for the rural communities and low income earners.
The Department would therefore appreciate receiving all suggestions for improvements to the current proposal in order to develop a sound solution to the corporatization of the Postbank.
Commentators are therefore, requested to indicate whether they support the principle of establishing a South African Postbank as a separate legal entity owned by SAPO on behalf of Government.
Also provide inputs on all the provision for the transfer of the business of the Bank to the corporatized bank.
Inputs and comments are also requested on the structure of the bank and business to be undertaken by the Bank.
<fn>GOV-ZA.32423985En.2012-02-10.en.txt</fn>
The Department of Communications intends introducing the South African Post Office Bill into Parliament before end of 2009. Written comments on the proposed Bill must be received within 30 days of the date of publication of this notice (i.e.
Post to: Private Bag X860 Pretoria 0001 or deliver to: First Floor, Block A3 iParioli Office Park 399 Duncan Street Hatfield or fax to: (012) 427 8059 fax 0866822810 or e-mail to: sapobill@doc.gov.
Ms Phindile Dlamini can be reached at tel.
To provide for the repeal of the Post Office Act (No. 44 of 1958) and to provide anew provisions regarding the governance and the structure of the Postal Company, and provide for matters connected therewith.
Africa Act, 2000 (Act No.
"Companies Act" means the companies act, 1973 (Act No.
"Non Reserved postal services" means non reserved postal services contemplated in schedule 2 of the Postal Services Act, 1998 Act No.
"PFMA" means the public Finance Management Act, 999 (Act No.
"Regulation" means regulation under this Act; "Staff" means the staff of the Postal Company;.
(4)The Postal Company mu~t have articles of association providing, among.st other things, that the affairs of the company must be managed by a board of directors appointed by the Minster.
t5 Government may dispose of its share or any portion thereof only after having offered the shares to be disposed off, to the postal company on the same conditions of the proposed disposal, and the postal company having refused to buy such shares.
purchase or acquire in any way land, buildings, agencies, equipment, st.
to do any such other act as It may be authorized to do under this Act.
The Minister may in consultation with the Minister of Finance, out of money appropriated for the purpose, grant an annual subsidy to the Postal Company in respect of normal expenditure.
A request for a subsidy must be prepared by the Postal Company to the Minister by a date determined by the Minister in order for it to be subjected to the evaluation process for inclusion in the annual compilation and exposition of the Government's expenditure proposal for appropriation purposes.
The payment of subsidies must be for such purposes and periods and subject to such conditions as the Minister may determine in consultation with the Minister of Finance.
the party providing the information must be given an opportunity to withdraw the information that is the subject of the confidentiality request in terms of subsection (c).
two executive directors shall be chosen from trade unions organizing in the company.
In the appointment of the Board, the National Assembly must submit to the Minister a list of suitable candidates received from participation by the public in the nomination process at least one and half times the number of Board to be appointed.
The National Assembly may invite technical experts to assist in the selection, evaluation and appointment process of the Board.
a representative from consumer interest.
The Minister must recommend to the National Assembly, from the list contemplated in sUbsection (3) persons whom he or she proposes to appoint to serve on the Board.
If the National Assembly is not satisfied that the persons recommended for appointment by the Minister comply with subsection (10), the National Assembly may request the Minister to review his or her recommendation.
Following approval by the National Assembly of the Minister's recommendation for appointment, the Minister must appoint the Chairperson or other member as Deputy Chairperson by Notice in the gazette.
The Chairperson must in writing appoint a member as Acting Chairperson to perform the functions of the Chairperson in his or her absence and where the Chairperson is unable to make an appointment the remaining members must from their number elect an acting Chairperson.
possess suitable qualifications, expertise and experience in the field of ICT, postal policy, public policy development, law, education, marketing, finance, economics, or any other relevant expertise or qualifications.
will uphold and protect the Constitution and the laws of the Republic, including this Act and the underlying statutes.
has been sentenced, after the commencement of the Constitution of the Republic of South Africa, 1993 (Act No.
A person who is subject to a disqualification contemplated in subsection (4)(a) to (d) may be nominated for appointment as a Board mernber, but may only be appointed if at the time of such appointment he or she is no longer subject to that disqualification.
The. members of the Board shall be appointed for such period, not exceeding five years, as the Minister may in the case of each member determine, and any retiring member may be reappointed as a member of the Board unless removed from his or her office or disqualified as hereinafter provided.
The Board may from time to time delegate to the senior management of the Postal Company any of its powers under this Act in writing and may delegate any such power for such period and for such purposes and subject to such conditions and restrictions as it may deem expedient and necessary.
he or she becomes insolvent.
If he or she is removed by the Minister by notice to the company before the expiration of his or her period.
If a majority of the directors recommend that she /he should resigns and the member accepts the recommendation.
The Chairperson may atany time convene an extraordinary meeting.
The Board may appoint committees consisting of as many members of the Board, staff of the postal company, advisers to the postal company and other persons as may be deemed necessary to advise the Board in general or on any particular matter.
The Chief Executive Officer, Chief Operations Officer and Chief Financial Officer, shall be appointed by the board in consultation with the Minister and shall collectively be referred to in this Act as the Senior Management of the postal company.
pay staff and/or advisers appointed in terms of such remuneration, allowances, subsidies and other service benefits in accordance with a remuneration structure as may be determined from time to time by senior management in consultation with the Board, subject to the approval of the Minister.
The salaries and allowances of the Senior Management and of the staff and other persons employed by the company, and all other expenditure incurred by the postal company, shall be paid out of its funds.
the profit and loss account for the preceding year.
After allowing for the expenses of operations during each year, and making provision for the statutory reserve account, bad and doubtful debts, depreciation of fixed assets and such other contingencies, the Board shall determine the amount and declaration of any dividends for that year, which dividends shall be declared and paid into the state Revenue fund.
The board may.
Any decision of a committee performing a function or exercising a power of the Board shall be tabled at a Board meeting and may be withdrawn or amended by the Board or referred back to such committee and shall, when it has been so withdrawn or amended, be deemed to be a decision of the Board.
A member of the Board other than the executive member of the board shall be paid for his or her services as member such remuneration and allowances out of the funds of the postal company as determined, by the Minister in writing.
Postal Company and its business.
The Minister or any officer in the public service authorised by him or her in writing, shall have full access to all the accounts, documents and papers of the postal company, and the Board shall at all times furnish to him or her all such information as he or she may reasonably require.
The Board shall appoint an independent external auditor as the auditor of the Postal Company on the same basis as set out in the Compan ies Act.
The Postal Company must not cross-subsidize non-reserved services from the reserved services.
generally for fully and effectually carrying out and giving effect to the objects and purposes and for guarding against violations of this Act.
such policies and regulations may be made by the Minister also on recommendation by the Board.
No liability shall attach to the Government, the postal company or, either in his or her official or personal capacity, the Minister or any member of the Board or employee, agent of the postal company, for any loss sustained by or damage caused to any person as a result of anything done or omitted by the Minister, such member of the Board or such other employee, agent of the Postal Company, unless he/she was negligent.
Any person who, having any interest in any transaction under this Act, acts as an adviser in connection with such transaction, or sits at any meeting of the Board and votes upon any resolution having reference to such transaction, shall be guilty of an offence and be subjected to the normal legal process.
Members of the Public are hereby invited to make written comments on the draft South African Post Office Bill. The Bill will be available electronically on the DoC website.
This consultation document has identified the best way that will address, the issues of corporate governance of who and how the South African Post office will be managed.
Members of the public must submit written comments by no later than 16hOO on the 02 September 2009.
Comments may be Posted by registered mail to the private bag mentioned above EmailedtoSapobill@doc.gov.za Any enquiries can be made to Phendile Dlamini Tel 012427 8169 Fax: 0124278159 An electronic version of this consultation document and the draft bill can be accessed on the internet at: www.doc.gov.za. For further information, the Department can be contacted at: 012 427 8106/8529/7017 1.
The South African Post Office is established in terms of the Post Office Act no 44 of 1958 which governed both the Post and Telecommunications services. In 1991 the Post Office Amendment Act (1991) separated the traditionally combined Post and telecommunication services provided through a state department and created two separate independent corporatized companies.
Telkom SA Ltd was established to provide telecommunications services and the South African Post Office Ltd to provide postal services. With the separation of the entities they became commercialization companies and the Post Office became a wholly owned government company with a board of directors and management board with requirements associated with private companies in terms of the Post Office Act.
The South African Post Office as a legal entity is not only obliged to balance revenue and expenditure but also to make profit. The Company is responsible for meeting its universal service obligation and for shouldering all of its obligations and its liabilities for commercial risks. The company is given a high level of managerial autonomy and flexibility.
The explicit separation of ownership and management responsibility through the board of directors is designed to insulate the post office from a non commercial pressure and constraints. Despite the high level of managerial and organizational autonomy and flexibility the postal company is accountable to government, operates within the Postal Services Act No 124 of 1998, is subjected to regulatory oversight by the Independent Communications Authority Of South Africa (lCASA).
As a public company SAPO's finances are governed by the provisions of the Public Finance Management Act No 1 of 1999 (PFMA). The Minister of Communications is responsible of oversight in relation to financial issues as the Executive Authority.
SAPO has the mandate to provide basic postal services to all South Africans. With reform in the sector the mandate has been extended to include the use of ICT infrastructure as well as the offering of other services other than in the traditional postal services.
The White Paper on Postal Policy (1996) provides for guidelines for the structure and management of the South African Board. SAPO is established in terms of the Postal services Act No 44 of 1958 and governed in terms of the Companies Act No 61 of 1973, the Public Finance Management Act No 1 of 1999, the articles and memorandum of association. There is currently no legislation that comprehensively deals with issues of governing the SAPO. As a company established in line with the Companies Act SAPO has to comply with this legislation in relation to the management and operational issue that apply in the company.
The Postal Services Act No 124 of 1998 provides for the postal issues operations, and does not deal with issues of shareholder governance explicitly. The Post Office Act of 1958 itself only addressed issues of corporate governance to shareholder satisfaction. It did not address the relationship between government and the Board of Directors as well as the relationship between the Board and Executive Management of the Company and how the board is appointed. Subsequent to that, it became apparent that the new law should be established to deal with issues of corporate governance of the South African Post Office.
The South African Post Office Bill is aimed at providing a comprehensive legal framework addressing corporate governance at SAPO in a single act focusing on SAPO as a legal entity. Government has a fundamental obligation to ensure the provision of universal service is achieved in respect of postal services. The establishment of this legislation will put in place institutional arrangements that best foster efficiency and improve competitiveness and enhance accountability.
Preamble sets out the main purpose of the proposed South African Post Office Bill.
This chapter provides for the interpretation of words as they are used in the legislation. It also provides for the objects of the proposed legislation and the objectives of the board of directors. The main aim is to ensure that the board performs its function with achieving objectives set forth by the shareholder are achieved.
The chapter Provides for the ownership of the postal including the powers and functions of the owner as well as the rights attached to ownership. The responsibilities of the Postal Company, the powers and functions of the Post Office Board is to realize its objectives, setting out the of the companies main objective in line with government policy.
The section provides for what type of transactions that management can perform on behalf of the company, without requesting for government approval of the company. A detailed list of the powers is outlined.
Provision is made in this section for the company to make an application for a subsidy including which Ministers are involved in the process. The requirements which SAPO must comply with in order to get government support.
The section provides for the control and management of the company, requirements for the board members, the procedure to be followed in selecting applicants, number of board members to serve on the board, the number of board members. The appointment of the chairperson and the deputy chairperson of the board. Duration of the term of office including the disclosure of the board members.
The Department would therefore appreciate receiving all suggestions for improvements to the current proposal in order to develop a sound solution to the governance of the corporation.
<fn>GOV-ZA.32424986En.2012-02-10.en.txt</fn>
The Minister for Cooperative Governance and Traditional Affairs intends introducing the Local Government: Municipal Property Rates Amendment Bill in the National Assembly. The Bill is hereby published for public comment in terms of section 154(2) of the Constitution.
The Director-General Attention: Ms V.
Comments may also be faxed to (012) 334-4811 or e-mailed to mpra@dplg.gov.
No comments received after 12 August 2009 will be considered.
~_Wordsunderlined with a solid line indicates insertions in existing enactments.
To amend the Local Government: Municipal Property Rates Act, 2004, so as to provide for the extension of the period of validity of a valuation roll and supplementary valuation roll that was in force before the commencement of the Act; and to provide for matters connected therewith.
Amendment of section 61 of Act 6 of 2004 1.
Amendment of section 89 of Act 6 of 2004 2.
"(3) This section lapses [four] six years from the date ofcommencement of this Act, and from that date any valuation roll or supplementary valuation roll that was in force before the commencement of this Act may not be used."
levy rates against property values shown on that roll or supplementary roll, with effect from 1 July 2009, until such municipality has prepared a valuation roll in terms of this Act.
This Act is called the Local Government: Municipal Property Rates Amendment Act, 2009, and sections 2 and 3 are deemed to have come into operation on 1 July 2009.
MEMORANDUM ON THE OBJECTS OF THE LOCAL GOVERNMENT: MUNICIPAL PROPERTY RATES AMENDMENT BILL, 2009 1.
1.1 The main objects of the Bill are to amend the Local Government: Municipal Property Rates Act (the Act) so as to provide for Valuation Appeal Board (V AB) members' conditions of appointment to be determined by Members of Executive Councils (MECs) and no longer by the Minister, and to extend the validity of old order valuation rolls for a further two years.
1.2 Clause 1 amends section 61(1) of the Act so as to provide that the MEC responsible for local government in a province, instead of the Minister, determines the conditions of appointment of the members of a V AB.
1.3 Clause 2 amends section 89(3) of the Act by extending the transitional period within which municipalities may make use of valuation rolls and/or supplementary valuation rolls that were in force before the commencement of the Act from four years to six years from the date of commencement of the Act. This amendment is effected retrospectively to 1 July 2009 due to the fact that the validity of the valuation rolls that were in force before the commencement of the Act lapsed on 30 June 2009. This amendment is effected so that municipalities are given a longer period within which to ready themselves to implement the Act.
1.4 Clause 3 provides for a transitional arrangement in order to address the vacuum created by the lapsing of existing valuation rolls on 30 June 2009 to the date of commencement of the Bill.
Ifapproved, the Bill will allow for rates in terms of old order valuation rolls to form part of the 2009/10 and 2010/11 municipal budgets.
6.1 The State Law Advisers and the Department of Cooperative Governance and Traditional Affairs are of the opinion that the Bill must be dealt with in accordance with the procedure prescribed by section 75 of the Constitution. The Bill does not fall within the functional areas listed in Schedule 4 of the Constitution, nor. does it provide for legislation envisaged in the sections referred to in section 76(3) of the Constitution.
6.2 The State Law Advisors are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional leaders.
<fn>GOV-ZA.32425987En.2012-02-10.en.txt</fn>
The Minister ofCooperative Governance and Traditional Affairs intends introducing the Local Government: Municipal Property Rates Amendment Bill, 2009 in the National Assembly during the third quarter of 2009. The explanatory summary ofthe Bill is hereby published in accordance with Rule 24l(1)(c) ofthe rules of the National Assembly.
The amendment ofthe Local Government: Municipal Property Rates Act, 2004 (Act No.6 of2004), so as to provide for the determination of the conditions of appointment of members of an appeal board by an MEC and no longer by the Minister; to provide for the extension ofthe validity ofvaluation rolls that were in force before July 22005 for a further two years; and to provide for matters connected therewith.
A copy ofthe Bill can be found on the website ofthe Department of Cooperative Governance and Traditional Affairs (www.thedplg.gov.za).
Government Printers -Cape Town and Pretoria.
For attention: Ms V.
<fn>GOV-ZA.3244171En.2012-02-10.en.txt</fn>
To provide for the equitable division of revenue raised nationally among the national, provincial and local spheres of government for the 2011/12 ï¬nancial year and the responsibilities of all three spheres pursuant to such division; and to provide for matters connected therewith.
''accreditation'' means accreditation of a municipality, in terms of section 10(2) of the Housing Act, 1997 (Act No. 107 of 1997), to administer national housing programmes, read with Part 3 of the National Housing Code, 1999 (Financial Interventions: Accreditation of Municipalities); ''category A, B or C municipality'' has the meaning assigned to each category in terms of the Municipal Structures Act; ''conditional allocation'' means a conditional allocation to a province, local government or municipality from the national government's share of revenue raised nationally, contemplated in section 214(1)(c) of the Constitution of the Republic of South Africa, 1996; ''corporation for public deposits account'' means a bank account of the Provincial Revenue Fund held with the Corporation for Public Deposits, established by the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984); ''Disaster Management Act'' means the Disaster Management Act, 2002 (Act No. 57 of 2002); ''ï¬nancial year'' means the ï¬nancial year commencing on 1 April 2011 and ending on 31 March 2012; ''framework'' means the conditions and other information in respect of a conditional allocation published by the National Treasury in terms of section 14; ''level one accreditation'' means accreditation to render beneï¬ciary management, subsidy budget planning and allocation, and priority programme management and administration; ''level three accreditation'' means accreditation to render ï¬nancial administration in addition to the responsibilities under a level one accreditation and a level two accreditation; ''level two accreditation'' means accreditation to render full programme management and administration of all housing instruments and housing programmes in addition to the responsibilities under a level one accreditation; ''Municipal Finance Management Act'' means the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003); ''Municipal Structures Act'' means the Local Government: Municipal Structures Act, 1998 (Act No.
in relation to a province, means a bank account of the Provincial Revenue Fund held with a commercial bank which the head of the department in the provincial treasury has certiï¬ed to the National Treasury as the bank account into which all conditional allocations, other than the Gautrain Rapid Rail Link Grant, in terms of this Act must be deposited; and in relation to a municipality, means the bank account of the municipality as determined in terms of section 8 of the Municipal Finance Management Act; ''Public Finance Management Act'' means the Public Finance Management Act, 1999 (Act No.
in relation to a Schedule 4, 5, 8 or 9 allocation transferred to a province, means the accounting officer of the provincial department which receives that allocation or a portion thereof for spending via an appropriation from its Provincial Revenue Fund; or in relation to a Schedule 4, 6, 7, 8 or 9 allocation transferred to or provided in kind to a municipality, means the accounting officer of the municipality; ''this Act'' includes any framework or allocation published, or any regulation made under this Act; ''transferring national officer'' means the accounting officer of a national department that transfers a Schedule 4, 5, 6, 8 or 9 allocation to a province or municipality or spends a Schedule 7 allocation on behalf of a municipality.
promote transparency and accountability in the resource allocation process, by ensuring that all allocations are reï¬ected on the budgets of receiving provinces and municipalities and by ensuring that the expenditure of conditional allocations is reported on by the receiving provinces and municipalities.
An envisaged division of revenue anticipated to be raised in respect of the next ï¬nancial year and the 2013/14 ï¬nancial year, and which is subject to the provisions of the annual Division of Revenue Acts in respect of those ï¬nancial years, is set out in Column B of Schedule 1.
Each province's equitable share of the provincial share of revenue raised nationally in respect of the ï¬nancial year is set out in Column A of Schedule 2.
An envisaged division for each province of revenue anticipated to be raised nationally in respect of the next ï¬nancial year and the 2013/14 ï¬nancial year, and which is subject to the provisions of the annual Division of Revenue Acts for those ï¬nancial years, is set out in Column B of Schedule 2.
Each province's equitable share allocation contemplated in subsection (1) must be transferred to the corporation for public deposits account of the province, in accordance with a payment schedule determined by the National Treasury in terms of section 21.
Each municipality's share of local government's equitable share of revenue raised nationally in respect of the ï¬nancial year, is set out in Column A of Schedule 3.
An envisaged division between municipalities of revenue anticipated to be raised nationally in respect of the next ï¬nancial year and the 2013/14 ï¬nancial year, and which is subject to the provisions of the annual Division of Revenue Acts for those ï¬nancial years, is set out in Column B of Schedule 3.
Each municipality's equitable share contemplated in subsection (1) must be transferred to the primary bank account of the municipality in three transfers on 7 July 2011, 30 November 2011 and 23 March 2012, in accordance with a payment schedule determined by the National Treasury in terms of section 21.
If actual revenue raised nationally in respect of the ï¬nancial year falls short of the anticipated revenue set out in Schedule 1, the national government bears the shortfall.
If actual revenue raised nationally in respect of the ï¬nancial year exceeds the anticipated revenue set out in Schedule 1, the excess accrues to the national government, subject to subsection (3), to be used to reduce borrowing or pay debt as part of its share of revenue raised nationally, in addition to its share in Column A of Schedule 1.
national departments; or provinces or municipalities, as a conditional or an unconditional allocation; and increase a conditional allocation to a province or municipality through a virement under section 43 of the Public Finance Management Act or section 28(2)(d) of the Municipal Finance Management Act, as the case may be.
Schedule 9, specifying funds that are currently not allocated to speciï¬c municipalities, that may be released to local government or municipalities to fund disaster response within a period from three days up to three months following a declared disaster in terms of the conditions of the Disaster Management Act.
An envisaged division of conditional allocations to local government from the national government's share of revenue anticipated to be raised nationally for the next ï¬nancial year and the 2013/14 ï¬nancial year, which, with the exception of what is provided in subsection (4) in relation to the Public Transport Infrastructure and Systems Grant, is subject to the annual Division of Revenue Acts for those years, as set out in Column B of the Schedules referred to in subsection (1).
The National Treasury must, in terms of section 14, publish the share or indicative allocation of each municipality in respect of the local government allocations contemplated in subsections (1)(a) to (d) and (2) in the Gazette.
Despite subsection (2), in respect of the Public Transport Infrastructure and Systems Grant, funding which is speciï¬cally approved by the National Treasury in relation to transport contracts for capital projects must be regarded as being ï¬rm allocations for the next ï¬nancial year and the 2013/14 ï¬nancial year that will not be altered downwards in the Division of Revenue Acts in respect of those ï¬nancial years.
complying with the requirements of the applicable framework; and evaluating the performance of programmes funded or partially funded by the allocation and the submission of such evaluations to the National Treasury, within four months in respect of a province, and six months in respect of a municipality, after the end of the ï¬nancial year.
Municipalities that receive the Urban Settlements Development Grant must report expenditure and non-ï¬nancial performance information against their capital budgets, in accordance with section 11 of this Act and with the requirements of section 71 of the Municipal Finance Management Act.
Provinces that receive the Education Infrastructure Grant, the Health Infrastructure Grant or the Provincial Roads Maintenance Grant must report expenditure and non-ï¬nancial performance information against their capital budgets, in accordance with section 11 of this Act and with the requirements of section 32 of the Public Finance Management Act.
Provinces that receive the Education Infrastructure Grant, the Health Infrastructure Grant and the Provincial Roads Maintenance Grant must provide the transferring national officer, not later than 14 days after this Act takes effect, with a list of infrastructure projects for education, health and roads which the provinces will implement during the 2011/12 to 2013/14 ï¬nancial years, in a format that will be determined by the National Treasury.
The transferring national officer must publish the information in terms of paragraph (d) in the Gazette, in a format that will be determined by the National Treasury, not later than 28 days after this Act comes into effect.
Failure to comply with paragraphs (d) and (e) may result in withholding of the allocations in terms of section 16.
be consistent with section 11(2).
deposit funds only into the primary bank account of a province or municipality, or, where appropriate, into the corporation for public deposits account of a province or the bank account designed for the transfer of the Gautrain Rapid Rail Link Grant; and ensure that all other arrangements or requirements as stipulated in this Act or in the relevant framework for the particular allocation necessary for the transfer of an allocation have been complied with prior to the start of the ï¬nancial year, and are complied with throughout the ï¬nancial year.
The transferring national officer must submit all relevant information and documentation referred to in subsection (1)(a) to the National Treasury within 14 days after this Act takes effect.
A transferring national officer who has not complied with subsection (1) must transfer the allocation in the manner instructed by the National Treasury, including transferring the allocation as an unconditional allocation.
Before making the ï¬rst transfer of any allocation, the transferring national officer must take note of any notice in terms of section 30(1) from the National Treasury outlining the details of the account for each province or municipality.
any matter or information that may be prescribed in the relevant framework for the particular allocation; and such other issues as the National Treasury may determine.
A transferring national officer must submit a quarterly performance report within 45 days after the end of each quarter to the National Treasury, in accordance with the requirements of the relevant framework.
The transferring national officer must evaluate the performance of programmes funded or partially funded by the allocation and submit such evaluations to the National Treasury, within four months in respect of a province, and six months in respect of a municipality, after the end of the ï¬nancial year.
complying with the framework for a Schedule 4 allocation as published in terms of section 14; and the manner in which a Schedule 4 allocation is allocated and spent.
non-ï¬nancial performance against programmes, in respect of Schedule 4 Grants other than the Urban Settlements Development Grant; and performance for that quarter against the targets stipulated in the infrastructure performance framework that is required in terms of the grant framework, in respect of the Urban Settlements Development Grant.
The National Treasury must make the report submitted to it in terms of subsection (2)(b) or (c) available to any other national departments that have responsibilities relating to the grant.
submit, as part of the report required in section 40(4)(c) of the Public Finance Management Act, reports to the relevant provincial treasury on spending and performance against programmes; and submit a quarterly performance report within 30 days after the end of each quarter to the relevant provincial treasury, and the National Treasury.
The receiving officer must report against programmes funded or partially funded by a Schedule 4 allocation against the relevant framework in its annual ï¬nancial statements and annual report.
The receiving officer must, within two months after the end of the ï¬nancial year, and where relevant, the municipal ï¬nancial year, evaluate the performance of the province or municipality, as the case may be, in respect of programmes funded or partially funded by an allocation and submit such evaluation to the transferring national officer.
With respect to the Education Infrastructure Grant, the Health Infrastructure Grant, the Provincial Roads Maintenance Grant and the Urban Settlements Development Grant, reporting on performance will be based on the overall capital budget of the provincial department or the municipality concerned.
The receiving officer of a Schedule 5, 6, 8 or 9 allocation must ensure compliance with the requirements of the relevant framework.
a municipality, as part of the report required in terms of section 71 of the Municipal Finance Management Act, report on the matters referred to in subsection (4) and submit a copy of the section 71 report to the relevant provincial treasury, the National Treasury and the relevant transferring national officer; and a province or a municipality, submit a quarterly performance report within 30 days after the end of each quarter to the transferring national officer, the relevant provincial treasury and the National Treasury.
any matter or information that may be prescribed in the relevant framework for the particular allocation; and such other issues and information as the National Treasury may determine.
Subsections (2) and (3) do not apply to the receiving officer of the Gautrain Rapid Rail Link Grant.
The receiving officer of the Gautrain Rapid Rail Link Grant must, at the end of each quarter, submit a report to the transferring national officer, detailing the payment made in that quarter to meet its payment obligation in terms of the public-private partnership agreement entered into by the province in accordance with regulations issued under the Public Finance Management Act.
Copies of payment certiï¬cates issued in terms of the public-private partnership agreement must be submitted together with the report referred to in paragraph (b).
A receiving officer must, within two months after the end of the ï¬nancial year, and where relevant, the municipal ï¬nancial year, evaluate its performance in respect of programmes or functions funded or partially funded by an allocation and submit such evaluation to the transferring national officer.
Duties in respect of annual ï¬nancial statements and annual reports for 2011/12 13.
certify that all transfers to a province or municipality were deposited into the primary bank account of a province or municipality or, where appropriate, into the corporation for public deposits account of a province; and indicate the funds, if any, utilised for the administration of the allocation by the receiving officer.
indicate to what extent the allocation achieved its objectives and outputs; and indicate any non-compliance with this Act or the relevant framework, and the steps taken to deal with such non-compliance.
indicate the total amount of actual expenditure on all allocations except Schedule 4 allocations; and certify that all transfers in terms of this Act to the province were deposited into the primary bank account of the province or, where appropriate, into the corporation for public deposits account of a province.
contain any other information that may be speciï¬ed in the relevant framework for the allocation; and contain such other information as the National Treasury may determine.
The 2011/12 ï¬nancial statements and annual report of a municipality must be prepared in accordance with the Municipal Finance Management Act.
The National Treasury may determine how transferring departments and receiving municipalities report on local government allocations on a quarterly basis, to facilitate the audit of allocations for both the national and municipal ï¬nancial years.
the indicative allocations for provinces and municipalities, along with their initial threshold and performance targets, in respect of Schedule 8 allocations; and the framework for each allocation in Schedules 4 to 9.
any revised allocations in respect of Schedule 7 Grants; and any revised indicative allocations, performance and threshold targets for the Expanded Public Works Programme Incentive Grant.
The National Treasury may at any time, after consultation with or at the written request of a transferring national officer, revise or amend a framework published in terms of subsection (1) or (2), to correct any error or omission.
An amendment, revision, virement or re-allocation takes effect on publication thereof in the Gazette, with the exception of a Schedule 9 Grant.
Despite anything to the contrary contained in any law, an allocation referred to in Schedules 4 to 9 may only be utilised for the purpose stipulated in the Schedule concerned and in accordance with the framework published in terms of section 14.
the receiving officer has certiï¬ed to the National Treasury that the transfer is not an attempt to artiï¬cially inï¬ate its spending estimates and that there are good reasons for the advance payment or transfer; and the National Treasury has approved the advance payment or transfer.
No public entity, other than Eskom Holdings Limited in respect of funds received from the Department of Energy and water boards in respect of funds received from the Department of Water Affairs and the Department of Human Settlements for the implementation of Schedule 7 allocations, may receive funds for the provision of a municipal service or municipal function on behalf of a municipality from a national or provincial organ of state, except via the municipality responsible for that service or function, unless the National Treasury approves otherwise in respect of municipalities it deems to have low capacity.
entering into a payment schedule; and submitting the payment schedule to the National Treasury for approval.
A receiving officer must request the National Treasury to amend the payment schedule referred to in subsection (4), in accordance with the procedure set out in section 22, in instances where a transfer to a municipality with level three accreditation has been withheld or stopped in terms of section 16 or 17.
roll-overs of conditional allocations approved by the National Treasury in accordance with section 20 have not been spent; or expenditure on previous transfers during the ï¬nancial year reï¬ects signiï¬cant under-spending, for which no satisfactory explanation is given.
A maximum of ï¬ve per cent of the Health Professions Training and Development Grant and the National Tertiary Services Grant may be withheld in terms of this section.
written notice of the intention to withhold the allocation; and an opportunity to submit written representations as to why the allocation should not be withheld; and inform the relevant provincial treasury and the National Treasury, and in respect of any conditional grant to local government, also the provincial department responsible for local government.
A notice contemplated in subsection (3) must include the reasons for withholding the allocation and the intended duration of the withholding.
facilitate compliance with this Act or the conditions to which the allocation is subject; or minimise the risk of under-spending.
A transferring national officer must, when requesting the withholding of an allocation in terms of this subsection, submit proof of its compliance with subsection (3) and any representations received from the receiving officer, to the National Treasury.
The transferring national officer must again comply with subsection (3) when the National Treasury instructs or approves a request by the transferring national officer in terms of paragraph (a).
if a function is reassigned from a province to a municipality; or if a province implementing an infrastructure project does not comply with best practice standards and guidelines made in terms of section 5 of the Construction Industry Development Board Act, 2000 (Act No. 38 of 2000).
comply with the requirements set out in section 16(3)(a), and in respect of a municipality, also with the requirements of section 38 of the Municipal Finance Management Act; and inform the relevant provincial treasury of its intention to stop the allocation.
Any stopping of an allocation contemplated in subsection (1) must, together with an explanatory memorandum, be published by the National Treasury in the Gazette.
The Minister may, by notice in the Gazette, approve that an allocation or any portion of such allocation stopped in terms of subsection (1), be utilised to meet that province's or municipality's outstanding statutory and contractual ï¬nancial commitments.
The utilisation of funds contemplated in this subsection is a direct charge against the National Revenue Fund.
(a) The National Treasury may, when it stops a Schedule 4, 5 or 6 allocation in terms of section 17, after consultation with the transferring national officer and the relevant provincial treasury, determine that a portion of the allocation that will not be spent be reallocated, as the same type of grant allocation as it was allocated originally, to one or more provinces or municipalities, on condition that the allocation will be spent in the ï¬nancial year or the next ï¬nancial year.
The reallocation of a portion of an allocation or the full allocation on condition that the allocation will be spent in the next ï¬nancial year, in terms of paragraph (a), must be deemed to be a roll-over approved by the National Treasury in terms of section 20(2)(a), and the roll-over process set out in Treasury Regulation 6.4.2 would not need to be followed.
in relation to section 150 of the Municipal Finance Management Act, the relevant transferring national officer to spend an allocation stopped in terms of section 17 on behalf of the relevant municipality.
An allocation that is spent by the transferring national officer or intervening province referred to in paragraph (a) must, for the purposes of this Act, be regarded as a Schedule 7 allocation from the date on which the authorisation is given.
The National Treasury may, after consultation with the transferring national officer, determine a portion of the allocation that will be reallocated in the event of the reassignment of a function from a province to a municipality.
The National Treasury may, in its discretion or at the request of the transferring national officer, convert an allocation listed in Schedule 6 to become an allocation listed in Schedule 7, or convert an allocation listed in Schedule 7 to become an allocation listed in Schedule 6, if the National Treasury is satisï¬ed that the conversion will prevent under-spending on the allocation.
underspending on the allocation; or a lesser level of service delivery compared to if the allocation is provided to the province as a Schedule 7 grant-in-kind.
An allocation that is converted in terms of this section must be paid to or expended on behalf of the same province or municipality to which the allocation was originally made.
A conversion referred to in subsections (1) and (2) takes effect on the date of publication referred to in section 14(2)(c).
The National Treasury must inform the transferring national officer and each affected receiving province or municipality of a conversion.
Despite the provisions of the Public Finance Management Act or the Municipal Finance Management Act relating to roll-overs, any conditional allocation, excluding the Gautrain Rapid Rail Link Grant and the Expanded Public Works Programme Incentive Grant, that is, in the case of a province, not spent at the end of a ï¬nancial year or, in the case of a municipality, at the end of a municipal ï¬nancial year, reverts to the National Revenue Fund, unless the relevant receiving officer can prove to the satisfaction of the National Treasury that the unspent allocation is committed to identiï¬able projects.
a roll-over from a conditional allocation to the next ï¬nancial year; and spending of a portion of a conditional allocation on activities related to the purpose of that allocation, where the province or municipality projects signiï¬cant unforeseeable and unavoidable over-spending on its budget.
Any funds which must revert to the National Revenue Fund in terms of subsection (1), and which have not been approved by the National Treasury to be retained in terms of subsection (2), must be repaid to the National Revenue Fund.
in the case of a province, against future advances for conditional grant allocations to that province; and in the case of a municipality, against future advances for the equitable share or conditional grant allocations to that municipality.
propose an alternative payment schedule in terms of which the unspent allocations will be repaid to the National Revenue Fund.
A notice contemplated in subsection (5) must include the intended amount to be offset against allocations, and the reasons for offsetting the amounts.
Despite this section, the retention of funds which should revert to the National Revenue Fund in terms of subsections (1) and (3), and which have not been approved by the National Treasury to be retained in terms of subsection (2), constitutes ï¬nancial misconduct in terms of section 34.
(a) The National Treasury determines the payment schedule for the transfer of a province's equitable share allocation, after consultation with the head of the department in the provincial treasury.
In determining the payment schedule, the National Treasury must take account of the monthly spending commitments of provinces and seek to minimise risk and debt servicing costs for national and provincial government.
Despite paragraph (a), the National Treasury may, for cash management purposes relating to the corporation for public deposits account or when an intervention in terms of section 100 of the Constitution is taking place, on such conditions as it may determine, advance funds to a province in respect of its equitable share or a portion of it which has not yet fallen due for transfer in accordance with the payment schedule.
Any advances in terms of paragraph (c) must be offset against transfers to the province which would otherwise become due in terms of that payment schedule.
The National Treasury determines the payment schedule for the transfer of a municipality's equitable share allocation, after consultation with the accounting officer of the national department responsible for local government.
Despite paragraph (a), the National Treasury, after consultation with the accounting officer of the national department responsible for local government, may, for cash management purposes in the municipality or when an intervention in terms of section 139 of the Constitution or section 137, 139 or 150 of the Municipal Finance Management Act is taking place, on such conditions as it may determine, approve a request or direct that the equitable share or a portion of the equitable share which has not yet fallen due for transfer in accordance with the payment schedule, be advanced to a municipality.
Any advances in terms of paragraph (b) must be offset against transfers to the municipality which would otherwise become due in terms of the applicable payment schedule.
The National Treasury must approve the payment schedule for the transfer of an allocation listed in Schedules 4 to 9 to a province or municipality.
The transferring national officer of a Schedule 4, 5, 6 or 8 allocation must submit a payment schedule to the National Treasury for approval within 14 days after this Act takes effect.
in relation to a Schedule 5 or 6 allocation, consult the relevant province or municipality.
The transferring national officer of a Schedule 4, 5 or 6 allocation must provide the receiving officer with a copy of the approved payment schedule prior to making the ï¬rst transfer in accordance therewith.
Schedule 4 and 6 transfers must be done in line with the municipal ï¬nancial year.
Subject to subsection (2), a transferring national officer of a Schedule 4, 5 or 6 allocation must, within seven days of the withholding or stopping of an allocation in terms of section 16 or 17, amend a payment schedule as a result of the withholding or stopping of an allocation in terms of this Act and submit the amended payment schedule to the National Treasury prior to any further transfers being made.
the accounting officer of a provincial treasury, in the case of a provincial allocation; and the accounting officer of the national department responsible for local government, in the case of a local government allocation.
the revenue at the disposal of provinces or municipalities; and the minimisation of risk and debt servicing costs for all three spheres of government.
An amendment of a payment schedule in terms of subsection (2) prevails over any amendment made in terms of subsection (1).
The transferring national officer must immediately inform the receiving officer of any amendment to a payment schedule in accordance with subsection (1) or (2).
Despite anything to the contrary contained in any law, the transfer of an allocation to a province, municipality or public entity in error or fraudulently is regarded as not legally due to that province, municipality or public entity, as the case may be.
A transfer contemplated in subsection (1) must be recovered, without delay, by the responsible transferring national officer.
Despite subsection (2), the National Treasury may instruct that the recovery contemplated in subsection (2) be effected by set-off against future transfers to the province, municipality or public entity, which would otherwise become due in accordance with a payment schedule.
a re-allocation referred to in section 18 or in respect of the Expanded Public Works Programme Incentive Grant; or a revised indicative allocation in respect of a Schedule 7 or 8 Grant, which is not listed in the Schedules referred to in sections 7 and 8, may only be made in terms of section 6(3).
The National Treasury must publish the allocations referred to in subsection (1) and frameworks for such allocations in the Gazette, prior to the transfer of any funds to a province or municipality.
The national transferring officer must notify the relevant provincial treasury and the National Treasury of the excess incentive payment earned to be appropriated either in the provincial adjustments appropriation bill, if made before the end of November each year, or in the appropriation bill for the next ï¬nancial year.
Subsection (2) does not apply to Schedule 9 allocations.
A transfer to a province or municipality as a Schedule 9 allocation may only be made after the National Treasury has approved the transfer.
The transferring national officer must notify the relevant provincial treasury and the National Treasury in writing within 14 days of a transfer of a Schedule 9 allocation to a province or municipality.
The National Treasury must publish a Schedule 9 allocation in the Gazette within 16 days after being notiï¬ed in terms of paragraph (a).
Schedule 9 allocations must be appropriated or authorised either in the provincial adjustments appropriation legislation, municipal adjustments budgets or other appropriations legislation.
(a) A municipality (the releasing municipality) from which a particular area is transferred at the commencement of or through the implementation of legislation, which re-demarcates municipal boundaries and addresses associated matters, must continue to spend its allocations for the 2011/12 ï¬nancial year made in terms of this Act, in that particular area or municipality, as if that area was not transferred to another municipality (the receiving municipality), unless the affected municipalities have entered into an agreement that ensures that the relocated area or municipality is not negatively affected.
The transferring national officer of an allocation made in terms of this Act and the receiving municipality must monitor that the releasing municipality complies with paragraph (a).
The releasing municipality must, at the request of the transferring national officer, the receiving municipality or the National Treasury, demonstrate compliance with paragraph (a).
The provisions of sections 16 and 17 apply with the necessary changes where a releasing municipality fails to comply with subsection (1) (a) or (c) in respect of a Schedule 4, 6 or 7 allocation.
The National Treasury may, where it withholds or stops an allocation in terms of paragraph (a), after consultation with the transferring national officer, determine that a portion of the allocation be reallocated to the receiving municipality.
The National Treasury may, where a releasing municipality fails to comply with subsection (1) (a) or (c), reallocate a portion of the releasing municipality's equitable share allocation referred to in section 5 to the receiving municipality.
The allocations referred to in sections 5 (2) and 8 (2) are subject to adjustments necessitated by the implementation of the legislation which re-demarcates the municipal boundaries.
The transferring national officer of a Schedule 4, 6 or 7 allocation must, by 15 September 2011, inform the National Treasury of any adjustments to the allocations referred to in section 8 (2) that must be reï¬ected in the Division of Revenue Act for the next ï¬nancial year.
agree on the provisional allocations and the projects to be funded from those allocations in the next ï¬nancial year and the 2013/14 ï¬nancial year with each category B municipality within the category C municipality's area of jurisdiction; and submit to the transferring national officer- (aa) the provisional allocations referred to in subparagraph (i); and (bb) the projects referred to in subparagraph (i), listed per municipality to be funded from the allocations for the next ï¬nancial year and the 2013/14 ï¬nancial year.
Where a category C municipality and a category B municipality cannot agree on the allocations and projects referred to in paragraph (a), the category C municipality must request the relevant transferring national officer to facilitate agreement.
The transferring national officer must take all necessary steps to facilitate agreement as soon as possible, but no later than 60 days after receiving a request referred to in paragraph (b).
Any proposed amendment or adjustment of the allocations that is intended to be published in terms of section 29(3)(b) must be agreed with the relevant category B municipality, the transferring national officer and the National Treasury, prior to publication, and prior to the submission of the allocations referred to in paragraph (a)(ii).
Should agreement not be reached between the category C municipality and the category B municipality on the provisional allocations and projects referred to in paragraph (a) prior to 3 October 2011, the National Treasury may proceed to determine the provisional allocations and provide those provisional allocations to the municipalities concerned and the transferring national officer.
The ï¬nal allocations based on the provisional allocations referred to in paragraphs (a)(i) and (ii) and (e) must be submitted to the National Treasury by 7 December 2011.
If the transferring national officer fails to submit the allocations referred to in subparagraph (i) by 7 December 2011, the National Treasury may determine the appropriate allocations, taking into consideration the envisaged allocations for the next ï¬nancial year.
in the format to be determined by the National Treasury.
Any proposed amendment or adjustment for the next ï¬nancial year of the allocation criteria of an existing conditional allocation must be agreed with the National Treasury prior to the submission of the provisional allocations and draft frameworks referred to in paragraph (a)(ii) and (iii).
the draft frameworks for the allocations referred to in paragraph (a)(iii), and submit that information to the relevant provinces or municipalities.
The ï¬nal allocations based on the provisional allocations referred to in paragraph (a)(i) and (ii) must be submitted to the National Treasury by 7 December 2011.
The National Treasury may, in preparation for the next ï¬nancial year, instruct transferring national officers, receiving officers and municipalities to submit to it such plans and information for any conditional allocation as it may determine at speciï¬ed times prior to the start of the next ï¬nancial year.
Expenditure prior to commencement of Division of Revenue Act, 2012 27. Despite sections 3(2), 7(2) and 8(2), if the annual Division of Revenue Act for the next ï¬nancial year has not commenced before or on 1 April 2012, the National Treasury may determine that an amount not exceeding 45 per cent of the total amount of each allocation made in terms of sections 3(1), 7(1) and 8(1) be transferred to the relevant province or municipality as a direct charge against the National Revenue Fund.
(a) In addition to the requirements of the Municipal Finance Management Act, the accounting officer of a category C municipality must, no later than 14 days after this Act takes effect, submit to the National Treasury and all category B municipalities within that municipality's area of jurisdiction, the budget, as tabled in accordance with section 16 of the Municipal Finance Management Act, for the 2011/12 municipal ï¬nancial year, and the two following municipal ï¬nancial years.
The budget must indicate all allocations from its equitable share and conditional allocations to be transferred to each category B municipality within the category C municipality's area of jurisdiction and disclose the criteria for allocating funds between the category B municipalities.
A category C municipality that is providing a municipal service must, before implementing any capital project for water, electricity, roads or any other municipal service, consult the category B municipalities within whose area of jurisdiction the project will be implemented, and agree in writing which municipality is responsible for the operational costs and the collection of user fees.
the category C municipality retains the power or function in terms of the Municipal Structures Act; and a service delivery agreement for the provision of services by the category B municipality on behalf of the category C municipality has not been concluded.
entering into a service delivery agreement with the category C municipality which is authorised to perform the function in terms of the Municipal Structures Act; or obtaining the legal authorisation to perform the function in terms of the Municipal Structures Act.
A category C municipality and a category B municipality must, before the commencement of a municipal ï¬nancial year, agree to a payment schedule in respect of the allocations referred to in subsection (1)(b) to be transferred to the category B municipality in that ï¬nancial year, and the category C municipality must submit that payment schedule to the National Treasury before the commencement of a municipal ï¬nancial year.
A category C municipality must make transfers in accordance with the payment schedule submitted in terms of paragraph (a).
submit a payment schedule in accordance with subsection (5)(a).
Sections 16(3) and 17(3) and (4) of this Act and section 216 of the Constitution apply, with the necessary changes, to the withholding and stopping of an allocation in accordance with paragraph (a).
The National Treasury may, where it stops an allocation in terms of this section, after consultation with the transferring national officer, determine that a portion of the allocation that will not be spent be reallocated to one or more municipalities, on condition that the allocation will be spent in the ï¬nancial year or the next ï¬nancial year.
A municipality must ensure that any allocation made to it in terms of this Act, or by a province or another municipality, that is not reï¬ected in its budget as tabled in accordance with section 16 of the Municipal Finance Management Act, is reï¬ected in its budget to be considered for approval in accordance with section 24 of the Municipal Finance Management Act.
In respect of the Human Settlements Development Grant, the ï¬nancial and non-ï¬nancial reporting that is required to be submitted by a municipality with a level three accreditation in terms of the grant framework must relate to the requirements speciï¬ed in the grant framework.
A municipality with a level three accreditation must submit the required monthly ï¬nancial and quarterly performance reports to the receiving officer, the transferring national officer and the National Treasury.
The provincial treasury must reï¬ect Schedule 5 allocations separately in the province's appropriation bill or a schedule to its appropriation bill.
the conditions and other information in respect of the allocations referred to in subparagraphs (i), (ii) and (iii) to facilitate performance measurement and the use of required inputs and outputs; and the budget of each hospital in a format determined by the National Treasury.
The allocations and budgets referred to in paragraph (a) must be deemed to be ï¬nal if the legislature passes the appropriation bill without any amendments.
In the event that the legislature amends the appropriation bill, the accounting officer of the provincial treasury must publish amended allocations and budgets in the Gazette within 14 days of the legislature passing the appropriation bill, which allocations must align to the appropriation bill as passed by the legislature, and which must be deemed to be ï¬nal.
Despite subsection (2) or any law, a provincial treasury may, in accordance with a framework determined by the National Treasury, amend the allocations referred to in subsection (2) or make additional allocations to municipalities that were not published in terms of subsection (1) or (2).
Any amendments to the allocations published in terms of subsection (2)(a) must be published in the Gazette not later than 14 February 2012.
The allocations referred to in paragraph (a) must be deemed to be ï¬nal if they are published in the Gazette in accordance with paragraph (b).
actual transfers made by the province to municipalities, and actual expenditure by municipalities on such allocations, based on the most up to date information available from municipalities at the time of reporting.
The report contemplated in paragraph (a) must include reports for each quarter, and be in the format and include the information as may be determined by the National Treasury.
that a payment schedule is agreed between each provincial department and receiving institution referred to in subsection (2)(a); and that transfers are made promptly in accordance therewith.
submit the payment schedules to the National Treasury within 14 days of this Act taking effect.
Should a provincial treasury fail to comply with the requirement to make transfers promptly to a receiving officer in accordance with the agreed payment schedule, as required in terms of subsection (5)(a), the receiving officer concerned may request the provincial treasury to immediately make the transfer to the receiving officer, or to provide written reasons within three business days as to why the transfer has not been made.
Should a provincial treasury fail to either make the transfer requested by the receiving officer or provide reasons within the period stipulated in subsection (6), or if the receiving officer disputes the reasons provided by the provincial treasury as to why the transfer has not been made, then the receiving officer may request the National Treasury to investigate the matter with the provincial treasury concerned.
When the National Treasury is requested to investigate a failure by a provincial treasury to promptly effect transfer to a receiving officer in terms of subsection (7), the National Treasury must investigate the matter, assess any reasons given by the provincial treasury as to why the transfer was not effected, and either direct the provincial treasury to immediately effect the transfer, or provide reasons to the receiving officer concerned conï¬rming why the provincial treasury was correct in not effecting the transfer, and advise the provincial treasury and the receiving officer as to what steps should be taken.
The National Treasury must, within 14 days of this Act taking effect, submit a notice to all transferring national officers, containing the details of the bank accounts of each province and municipality.
The National Treasury must, together with the monthly report contemplated in section 32(2) of the Public Finance Management Act, publish a report on actual transfers of all allocations listed in the Schedules referred to in sections 7 and 8 or made in terms of section 24.
The National Treasury may, in any report it publishes that aggregates reports published by provincial treasuries contemplated in section 71(7) of the Municipal Finance Management Act, and in any report in respect of municipal ï¬nances, include a report on the equitable share and conditional allocations provided for in this Act.
The accounting officer of a provincial department or municipality that receives funds from a public entity as a grant, sponsorship or donation, must disclose in its ï¬nancial statements the purpose and amount of such grant, sponsorship or donation received.
An organ of state involved in an intergovernmental dispute regarding any provision of this Act or any division of revenue matter or allocation must, before approaching a court to resolve such dispute, make every effort to settle the dispute with the other organ of state concerned, including exhausting all mechanisms provided for the settlement of disputes in relevant legislation.
In the event that a dispute is referred back by a court in accordance with section 41(4) of the Constitution, due to the court not being satisï¬ed that the organ of state approaching the court has complied with subsection (1), the expenditure incurred by that organ of state in approaching the court must be regarded as fruitless and wasteful.
The amount of any such fruitless and wasteful expenditure must, in terms of a prescribed procedure, be recovered without delay from the person who caused the organ of state not to comply with the requirements of subsection (1).
in respect of the Gautrain Rapid Rail Link Grant, the dedicated banking account conï¬guration established for the transfer of the Gautrain Rapid Rail Link Grant in accordance with the directive issued by the National Treasury under section 10(2)(a) of the Division of Revenue Act, 2006 (Act No. 2 of 2006); or any transfer made or spending of an allocation in contravention of this Act or a framework published in terms of this Act.
Despite anything to the contrary contained in any law, any serious or persistent non-compliance with a provision of this Act or a framework published in terms of this Act constitutes ï¬nancial misconduct.
Section 84 of the Public Finance Management Act and section 171 of the Municipal Finance Management Act apply in respect of ï¬nancial misconduct contemplated in subsection (1).
The Minister may, in writing, delegate any of the powers entrusted to the National Treasury in terms of this Act and assign any of the duties imposed on the National Treasury in terms of this Act, to an official of the National Treasury.
may authorise that official to subdelegate, in writing, the delegated power or assigned duty to another National Treasury official; and does not divest the National Treasury of the responsibility concerning the exercise of the delegated power or the performance of the assigned duty.
The Minister may conï¬rm, vary or revoke any decision taken by an official as a result of a delegation, subject to any rights that may have vested as a consequence of the decision.
A Member of the Executive Council responsible for ï¬nancial matters in a province may, in writing, delegate any of the powers entrusted to the Provincial Treasury of that province in terms of this Act and assign any of the duties imposed on the Provincial Treasury in terms of this Act, to an official of the Provincial Treasury.
Subsections (2) and (3) apply with the necessary changes to a delegation or assignment in terms of subsection (4).
The National Treasury may, on written application by a transferring national officer, province or municipality, exempt such officer, province or municipality in 5 writing from complying with a provision of this Act.
Any exemption granted in terms of subsection (1) must set out the period and conditions, if any, to which it is subject and must be published in the Gazette.
The Minister may, by notice in the Gazette, make regulations regarding- 10 anything which must or may be prescribed in terms of this Act; and any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.
Repeal of laws 15 38. (1) Subject to subsection (2), the Division of Revenue Act, 2010 (Act No. 1 of 2010), with the exception of sections 28(8) and 38(1), is hereby repealed.
The repeal of the Division of Revenue Act, 2010 (Act No. 1 of 2010), does not affect any duty or obligation set out in that Act, the execution of which is still outstanding.
This Act is called the Division of Revenue Act, 2011, and takes effect on 1 April 2011 or the date of publication thereof by the President in the Gazette, whichever is the later date.
National share includes conditional allocations to provincial and local spheres, general fuel levy sharing with metropolitan municipalities, debt service cost and the contingency reserve.
The direct charges for the provincial equitable share are netted out.
(Vote 31)HumanSettlements Urban Settlements Development Grant To improve the efficiency and coordination of investments in the builtenvironment by providing large municipalities with appropriate resources and control over the selection and pursuit of investment programmes in the builtenvironment.
(Vote 3)CooperativeGovernance andTraditionalAffairs Municipal Systems Improvement Grant To assist municipalities in building in-house capacity to perform their functions and stabiliseinstitutional and governance systems as required in the Municipal Systems Act and relatedlegislation, policies and local government turnaround strategy.
(Vote 10)NationalTreasury Local Government Financial ManagementGrant To promote and support reforms in financial management by building capacity in municipalities toimplement the Municipal Finance Management Act (MFMA). As part of strengthening financial andasset management in municipalities, the grant provides funding for water and energy internshipprogramme to graduates in selected water boards and municipalities.
Water Affairs(Vote 38) Water Services Operating Subsidy Grant To subsidise and build capacity in water schemes owned and/or operated by the Department of Water Affairs or by other agencies on behalf of the department and transfer these schemes to localgovernment.
(Vote 3)CooperativeGovernance andTraditionalAffairs Municipal Infrastructure Grant To provide specific capital finance for basic municipal infrastructure backlogs for poor households, micro enterprises and social institutions servicing poor communities.
Energy(Vote 29) (a) Integrated National ElectrificationProgramme (Municipal) Grant To implement the Integrated National Electrification Programme (INEP) by providing capitalsubsidies to municipalities to address the electrification backlog of occupied residential dwellings, the installation of bulk infrastructure and rehabilitation and refurbishment of electricity infrastructurein order to improve quality of supply.
Electricity Demand Side Management(Municipal) Grant To implement the Electricity Demand Side Management (EDSM) programme by providing subsidiesto licenced distributors to address EDSM in residential dwellings, communities and municipalinfrastructure in order to mitigate the risk of load shedding and supply interruptions.
NationalTreasury(Vote 10) Neighbourhood Development PartnershipGrant To support neighbourhood development projects that provide community infrastructure and createthe platform for other public and private sector development, towards improving the quality of life ofresidents in targeted underserved neighbourhoods (townships generally).
Transport(Vote 37) (a) Public Transport Infrastructure andSystems Grant To provide for accelerated planning, construction and improvement of public and non-motorisedtransport networks.
Rural Transport Services andInfrastructure Grant To assist rural district municipalities to set up rural road asset management systems, and collect roadand traffic data in line with the Road Infrastructure Strategic Framework for South Africa.
Water Affairs(Vote 38) Municipal Drought Relief Grant To provide capital finance for construction of appropriate water infrastructure to alleviate furtherimpacts of drought in Nelson Mandela Bay metropolitan municipality for affected households, microenterprises and social institutions.
(Vote 10)NationalTreasury Neighbourhood Development PartnershipGrant To support neighbourhood development projects that provide community infrastructure and create the platform for other public and private sector development, towards improving the quality of life ofresidents in targeted underserved neighbourhoods (townships generally).
Energy(Vote 29) (a) Integrated National ElectrificationProgramme (Eskom) Grant To implement the Integrated National Electrification Programme (INEP) by providing capitalsubsidies to Eskom to address the electrification backlog of occupied residential dwellings, theinstallation of bulk infrastructure and rehabilitation and refurbishment of electricity infrastructure inorder to improve quality of supply.
Electricity Demand Side Management(Eskom) Grant To implement the Electricity Demand Side Management (EDSM) programme by providing subsidiesto Eskom to address EDSM in residential dwellings and communities in order to mitigate the risk ofload shedding and supply interruptions.
Water Affairs(Vote 38) (a) Water Services Operating SubsidyGrant To subsidise and build capacity in water schemes owned and/or operated by the Department of Water Affairs or by other agencies on behalf of the department and transfer these schemes to localgovernment.
Regional Bulk Infrastructure Grant To develop regional bulk infrastructure for water supply to supplement water treatment works at resource development and link such water resource development with the local bulk and localdistribution networks on a regional basis cutting across several local municipal boundaries. In thecase of sanitation, to supplement regional bulk collection as well as regional waste water treatmentworks.
(Vote 31)HumanSettlements Rural Households Infrastructure Grant To provide specific capital funding for the eradication of rural water and sanitation backlogs and istargeted at existing households where bulk-dependent services are not viable. The grant also fundstraining for beneficiaries on health and hygiene practices and how to maintain the facilities provided.
Incentive Grant for Municipalities culture programmes through the use of labour-intensive methods and the expansion of job creation in 679 583 line with the Expanded Public Works Programme (EPWP) guidelines.
Municipal Disaster Grant To provide for the immediate release of funds for disaster response.
the determination of each province's equitable share of the provincial share of that revenue; and any other allocations to provinces, local government or municipalities from the national government's share of that revenue, and for any conditions on which those allocations may be made.
1.2 Section 10 of the Intergovernmental Fiscal Relations Act, 1997 (Act No. 97 of 1997) (''the IGFRA''), requires that, as part of the process of the enactment of the Act of Parliament referred to in paragraph 1.1, each year when the annual budget is introduced, the Minister of Finance must introduce in the National Assembly a Division of Revenue Bill (''the Bill'') for the ï¬nancial year to which that budget relates.
the extent to which account was taken of any recommendations of the Financial and Fiscal Commission (''the FFC'') that were submitted to the Minister of Finance or were raised during consultations with the FFC; and any assumptions or formulae used in arriving at the respective shares of the three spheres of government and the division of the provincial share between the nine provinces.
1.4 In terms of section 7(4) of the Money Bills Amendment Procedure and Related Matters Act, 2009 (Act No. 9 of 2009) (''the MBAPRMA''), when tabling the budget, a report must also be tabled that responds to the recommendations made in the reports by the Parliamentary Committees on Finance on the proposed ï¬scal framework in the Medium Term Budget Policy Statement (''the MTBPS'') and the reports by the Committees on Appropriations regarding the proposed division of revenue and the conditional grant allocations to provinces and local governments as contained in the MTBPS. The report must explain how the Bill and the national budget give effect to, or the reasons for not taking into account, the recommendations contained in the Committee reports.
The memorandum referred to in paragraph 1.
1.4 above will be tabled with the budget.
1.6 The Bill is introduced in compliance with the requirements of the Constitution, the IGFRA, and the MBAPRMA, as set out in paragraphs 1.1 to 1.4 above.
Schedule 9 provides for the release of funds to provinces and municipalities for disaster response.
Clauses 37 to 39 provide for regulations, the repeal of laws and the short title.
the South African Local Government Association; and national and provincial departments.
This memorandum outlines the proposed division of revenue between the three spheres of government, and the ï¬nancial implications to government are limited to the total transfers to provinces and local government as indicated in the Schedules to the Bill.
This Bill gives effect to section 214 of the Constitution.
6.1 The State Law Advisers and the National Treasury are of the opinion that this Bill must be dealt with in accordance with the procedure prescribed by section 76(1) of the Constitution, since it provides for legislation envisaged in Chapter 13 of the Constitution, and it includes provisions affecting the ï¬nancial interests of the provincial sphere of government, as contemplated in section 76(4)(b) of the Constitution.
Website ''Annexure W1'' to the 2011 Budget Review: Explanatory Memorandum to the Division of Revenue 56 2. Annexure W2: Frameworks for Conditional Grants to Provinces 99 3. Annexure W3: Frameworks for Conditional Grants to Municipalities 149 4. Annexure W4: Speciï¬c Purpose Allocations to Municipalities (Schedule 6): Recurrent Grants 177 5. Annexure W5: Infrastructure Grant Allocations to Municipalities (Schedules 4, 6 and 9) 200 6. Annexure W6: Allocations-In-Kind to Municipalities (Schedule 7) 243 7. Annexure W7: Incentives to Municipalities to meet Targets with regards to Priority Government Programmes (Schedule 8) 276 8. Annexure W8: Equitable Share and Total Allocations to Municipalities by National and Municipal Financial Years 288 9. Appendix W1: Equitable Share Allocations to Municipalities (Equitable Share Formula Allocations + RSC Levies Replacement + Special Contribution towards Councillor Remuneration) 300 10. Appendix W2: Breakdown of Equitable Share Allocations per Local Municipality per Service for District Municipalities authorised for Services 311 11. Appendix W3: Breakdown of MIG Allocations per Local Municipality for District Municipalities authorised for Services 323 12. Appendix W4: Breakdown of Regional Bulk Infrastructure Grant Allocations per Local Municipality per Project 334 13. Appendix W5: Breakdown of EPWP Social Sector Allocations per Provincial Department 340 14. Appendix W6: Incentives to Provinces and Municipalities to meet Targets with regards to Priority Government Programmes 342 15.
The allocation of resources to the three spheres of government is a critical step in the budget process, required before national government, nine provinces and 278 municipalities (after the 2011 municipal elections) can determine their own budgets. The allocation process takes into account the powers and functions assigned to the three spheres of government. The process for making this decision is at the heart of cooperative governance as envisaged in the Constitution.
To foster transparency and ensure smooth intergovernmental relations, section 214(1) of the Constitution requires that every year a Division of Revenue Act determine the equitable division of nationally raised revenue between the three spheres of government. The Intergovernmental Fiscal Relations Act (1997) prescribes the process for determining the equitable sharing and allocation of revenue raised nationally. Sections 9 and 10(4) of the act set out the consultation process to be followed with the Financial and Fiscal Commission (FFC), including the process of considering recommendations made with regard to the equitable division of nationally raised revenue.
This explanatory memorandum to the 2011 Division of Revenue Bill fulfils the requirement set out in section 10(5) of the Intergovernmental Fiscal Relations Act that requires the Division of Revenue Bill to be accompanied by an explanatory memorandum detailing how the bill takes account of the matters listed in sections 214(2)(a) to (j) of the Constitution, government's response to the recommendations of the FFC, and any assumptions and formulas used in arriving at the respective divisions among provinces and municipalities.
x Part 1 lists the factors that inform the division of resources between the three spheres of government.
x Part 2 describes the 2011 division of revenue between the three spheres of government.
x Part 3 sets out how the FFC's recommendations on the 2011 division of revenue have been taken into account. x Part 4 explains the formula and criteria for the division of the provincial equitable share and for conditional grants to provinces. x Part 5 sets out the formula and criteria for the division of the local government equitable share and conditional grants between municipalities. x Part 6 summarises issues that will form part of subsequent reviews of provincial and local government fiscal frameworks.
The Division of Revenue Bill and its underlying allocations are the culmination of extensive consultation between national, provincial and local government. The Budget Council deliberated on the matters discussed in this memorandum at several meetings during the year. The approach to local government allocations was discussed with organised local government at technical meetings with the South African Local Government Association (SALGA), culminating in a meeting of the Budget Forum (Budget Council plus SALGA) on 5 October 2010. An extended Cabinet meeting involving ministers, provincial premiers and the chairperson of SALGA was held on 13 October 2010, and the division of revenue was agreed for the next three years.
Section 214 of the Constitution requires that the annual Division of Revenue Act be enacted only after account is taken of factors in sub-sections (2)(a) to (j) of the Constitution. These include national interest, provision for debt, needs of national government and emergencies, the allocation of resources to provide basic services and meet developmental needs, fiscal capacity and efficiency of the provincial and local spheres, reduction of economic disparities, and promotion of stability and predictability. The constitutional principles taken into account in deciding on the division of revenue are briefly noted below.
The national interest is encapsulated by those governance goals that benefit the nation as a whole. The spending priorities for the medium-term expenditure framework (MTEF) are informed by the 12 priorities adopted at the Cabinet lekgotla held from 20 to 22 January 2010, which are derived from the medium-term strategic framework (MTSF). A detailed analysis of how these have been allocated in government budgets can be found in Chapter 4 of the 2010 Medium Term Budget Policy Statement and Chapter 8 of the 2011 Budget Review.
The resources shared among the three spheres of government include proceeds from national government borrowing used to fund spending by all spheres. National government provides for the resulting debt costs to protect the integrity and credit reputation of the country.
The Constitution assigns exclusive and concurrent powers and functions to each sphere of government. National government is exclusively responsible for functions that serve the national interest and are best centralised. National and provincial government have concurrent responsibility for a range of functions. Changes have been made to a number of national transfers to provincial and local government to improve their efficiency, effectiveness and alignment with national strategic objectives.
Provinces and municipalities are assigned key service delivery functions such as school education, health, social development, housing, roads, and provision of electricity, water and municipal infrastructure. They have significant autonomy to allocate resources to meet basic needs and respond to provincial and local priorities, while giving effect to nationally agreed priorities. The division of revenue provides equitable shares to provinces and local government. This year's division of revenue provides additional resources to provinces for the public-sector wage agreements of 2010, to address the occupation-specific dispensation (OSD) agreements in the health and education sectors, and to fund policies on HIV and Aids treatment, agricultural support programmes and infrastructure provision for education and roads. These additions, especially in the case of HIV and Aids treatment and prevention and education infrastructure, build on significant additions to baselines in previous budgets. In the 2010 division of revenue, government reinforced its commitment to free basic services at the municipal level through a substantial increase to the local government equitable share. The 2011 division of revenue protects these baselines, ensuring that municipalities are able to deal with the cost pressures of providing free basic services due to increased electricity charges.
The Constitution assigns the primary government revenue-raising power to the national sphere. Provinces have limited revenue-raising capacity relative to the resources required to deliver provincial functions that do not lend themselves to self-funding or cost recovery. Local governments finance most of their expenditure through property rates, user charges and fees. It is recognised, however, that rural municipalities raise significantly less revenue than larger urban and metropolitan municipalities. To compensate for this, provinces receive the largest share of nationally raised revenue, and local government a portion that is substantial and will continue to grow over the medium term. The provincial equitable share formula was reviewed in 2010 and the recommendations will be implemented in 2011. A new health component will be introduced and constantly improved to ensure that its objectives are achieved. A review of the local government equitable share is under way. Both reviews should lead to significant changes that result in more efficient and effective funding arrangements.
Developmental needs are encapsulated in the equitable share formulas for provincial and local government and in specific conditional grants. In particular, the various infrastructure grants and growing capital budgets aim to boost the economic and social development of provinces and municipalities. Developmental needs are accounted for at two levels: first, in the determination of the division between the three spheres, which explains the continued commitment to grow provincial and local government shares of nationally raised revenue, and second, in the determination of the division within each sphere, through the formulas used for dividing national transfers among municipalities and provinces.
Both the equitable share and infrastructure grant formulas are redistributive towards poorer provinces and municipalities. Government remains committed to investing in economic infrastructure (roads) and social infrastructure (schools, hospitals and clinics) to stimulate economic development and job creation, and address economic and social disparities.
While the Constitution confers autonomy on provincial governments and municipalities to determine priorities and allocate budgets, national government retains responsibility for policy development, national mandates and the monitoring of implementation for concurrent functions. New national mandates and priorities result in increased allocations to provincial and local government, in addition to their existing baseline allocations. The 2011 MTEF and division of revenue provides additional funding for OSD agreements in health and education and HIV and Aids prevention and treatment programmes. Resources have also been made available to address backlogs in education infrastructure.
Provincial and local government equitable share allocations are based on estimates of nationally raised revenues. These allocations are protected. In the event that nationally raised revenue falls short of the estimates, the equitable share will not be adjusted downwards. Allocations are assured (voted, legislated and guaranteed) for the first year and are transferred according to a payment schedule. To contribute to longer-term predictability and stability, forward estimates for a further two years are published alongside the annual proposal for appropriations. Changes in the forward estimates or revisions to the equitable share formulas are phased in to ensure minimal disruption.
Government has flexibility to respond to emergencies through a contingency reserve that provides a cushion for emergencies and unforeseeable events. The 2011 division of revenue introduces two new conditional grants to allow for the swift allocation and transfer of funds to provinces and municipalities affected by emergencies that could not be provided for through the budget or adjustment budget processes. Sections 16 and 25 of the Public Finance Management Act (PFMA) (1999) make specific provision in relation to allocation of funds to deal with emergency situations while section 30(2) deals with adjustment allocations in respect of unforeseeable and unavoidable expenditure. Section 29 of the Municipal Finance Management Act (MFMA) (2003) allows a municipal mayor to authorise unforeseeable and unavoidable expenditure in an emergency or extraordinary circumstances. The 2011 Division of Revenue Bill introduces special provisions for funding immediate responses to disasters through new disaster conditional grants to provinces and municipalities.
In preparation for the 2011 MTEF, all spheres of government have identified cost savings, eliminated non-essential expenditure and are focusing on high-priority programmes. While the economic outlook has improved in the past year, government had to raise debt significantly to ensure budget baselines were protected following the economic downturn of 2008/09. Increases to government expenditure are aimed at specific priorities; however these increases are moderate to ensure that debt costs remain within sustainable levels.
Excluding debt service costs, allocated expenditure to be shared between the three spheres amounts to R812.3 billion, R877.3 billion and R949 billion over each of the MTEF years. These allocations take into account government's spending priorities, the revenue-raising capacity and functional responsibilities of each sphere, and inputs from various intergovernmental forums and the recommendations of the FFC. The local and provincial equitable share formulas are designed and implemented in a manner that ensures desirable, stable and predictable revenue shares, and that economic and fiscal disparities are addressed.
x Enhancing the quality of basic education and skills development.
x Improving the quality of health care and infrastructure.
x Investing in new infrastructure and proper maintenance of social and economic infrastructure networks. x Acceleration of job creation.
Government has responded to the recession by maintaining social expenditure and continuing to invest in infrastructure, leading to improved access to basic services, expanded public transport and more schools and hospitals. These investments form part of a long-term commitment to the economy's growth.
Substantial additional resources are allocated to provinces to cover the 2010 wage agreements, the OSD agreements, the carry-through effect of previous agreements in education and health, infrastructure in education and roads, and HIV and Aids treatment.
Given the continuous large-scale rural-urban migration to South Africa's cities, infrastructure grants have been reorganised to develop the urban built environment and upgrade informal settlements.
Table W1.1 shows how the additional allocations are apportioned to the priority areas across the three spheres of government.
Table W1.
Table W1.2 presents medium-term macroeconomic forecasts for the 2011 Budget. It sets out the growth assumptions and fiscal policy targets on which the fiscal framework is based.
National budget framework Revenue Percentage of GDP Expenditure Percentage of GDP Main budget balance1Percentage of GDP 643.2 666.6 23.8% 25.0% 818.1 809.9 30.3% 30.4% -174.9 -143.4-6.5% -5.4% 721.7 729.9 24.3% 25.0% 888.3 888.9 29.9% 30.5% -166.6 -159.1-5.6% -5.5% 807.9 806.4 24.5% 25.2% 964.3 968.1 29.3% 30.2% -156.4 -161.7-4.7% -5.1% 904.3 25.6% 1 053.0 29.8% -148.7 -4.
A positive number reflects a surplus and a negative number a deficit.
Table W1.3 sets out the division of revenue for the 2011 MTEF, taking new policy priorities into account.
Debt-service cost 52 877 54 394 57 129 Non-interest expenditure 488 566 581 560 690 068 Percentage increase 16.9% 19.0% 18.7% 66 570 743 353 7.7% 76 579 90 808 104 036 812 345 877 324 948 992 9.3% 8.0% 8.
Percentage increase 15.2% 17.5% 17.5% 8.4% 9.8% 8.9% 8.
National departments 49.7% 49.7% 50.0% 48.3% 47.0% 47.2% 47.
Provinces 42.5% 42.4% 42.5% 43.5% 44.3% 43.9% 43.
Local government 7.9% 7.8% 7.5% 8.2% 8.7% 8.9% 8.
Regional Services Council (RSC) and Joint Services Board (JSB) levies for metros and district municipalities.
From 2009/10 the RSC levies replacement grant will only be allocated to district municipalities.
Table W1.4 shows how additional resources are divided among the three spheres of government. The new priorities and additional allocations are accommodated through shifting of savings towards priorities.
Allocated expenditure 20 741 29 573 43 796 1. Excludes shifting of savings towards priorities over the MTEF.
Table W1.5 sets out schedule 1 of the Division of Revenue Bill, which reflects the legal division of revenue between the three spheres. In this division, the national share includes all conditional grants to the other two spheres in line with section 214(1) of the Constitution, and the provincial and local government allocations reflect their equitable shares only.
National share includes conditional grants to provinces and local government, general fuel levy sharing with metropolitan municipalities, debt service cost and the contingency reserve.
The 2011 Budget Review sets out in detail how constitutional issues and government's priorities are taken into account in the 2011 division of revenue. It focuses on the economic and fiscal policy considerations, revenue issues, debt and financing considerations, and expenditure plans of government. This memorandum should be read with the 2011 Budget Review, as aspects of national, provincial and local government financing are discussed in some detail in Chapter 8 of the review.
Section 214 of the Constitution and section 9 of the Intergovernmental Fiscal Relations Act (1997) require the FFC to make recommendations in April every year, or soon thereafter, on the division of revenue for the coming budget. The FFC complied with this obligation by tabling its Submission for the Division of Revenue 2011/12 to Parliament in May 2010. This part of the explanatory memorandum complies with the Constitution and section 10 of the Intergovernmental Fiscal Relations Act by setting out how government has taken the FFC's recommendations into account when determining the division of revenue for the 2011 MTEF.
The 2011/12 recommendations cover four interrelated areas. The first chapter deals with the global economic crisis, fiscal frameworks and coping with vulnerabilities; the second chapter discusses options for social assistance reform during a period of fiscal stress; the third chapter focuses on an effective, efficient and transparent intergovernmental fiscal system and the fourth chapter discusses the intergovernmental fiscal issues in urban public transport.
The FFC recommends that in the short term, government should continue to strive for fiscal consolidation by limiting the growth in entitlement spending to successful programmes, and refocus expenditure on improved service quality. In particular, child support and old-age pension grants should be expanded, and the high access levels to education and health services achieved despite the global economic crisis must be maintained. Government should also reprioritise expenditure towards repair and maintenance by emphasising existing projects and initiating new ones.
Government agrees that the implications of the global economic crisis and reduced fiscal space necessitate fiscal consolidation. Government has refocused existing budgets towards government priorities and more efficient spending. The number of social grant beneficiaries has more than tripled between 2002/03 and 2010/11 and a committee of inquiry is in place to investigate more cost-effective beneficiary payment options for the South African Social Security Agency.
The majority of additions to baseline over the 2011 MTEF target health, education, roads and the eradication of informal settlements. These additions are on top of substantial increases in previous budgets and will enable provinces to increase the quality of health and education services through improved infrastructure, conditions of employment, and provision of medicines. Government is finalising asset registers as it implements the Government Immovable Asset Management Act (2007) to ensure that infrastructure assets are properly maintained.
The FFC recommends that government should introduce a block grant for education, health and social development over the medium to long term, to fund clearly defined and costed outcomes.
As part of the review of the provincial equitable share formula, government considered proposals made by the FFC in 2009, which were included in their recommendations on the 2010/11 division of revenue. These proposals dealt with challenges created by the design of the intergovernmental fiscal system and a number of issues related to the provincial equitable share formula. Government has not fully considered decentralising further fiscal powers to provinces. Thus, government agreed to separate the review of the provincial equitable share formula from the devolution of fiscal powers.
Government considered the proposal on block grants as part of the provincial equitable share review, and it has concluded that block grants are potentially unconstitutional.
Undertake independent cost effectiveness and quality reviews of education, health and the social wage in both the public and private sectors.
Government agrees that independent cost effectiveness and quality reviews should be undertaken. The Ministry of Performance Monitoring and Evaluation would perform such reviews in the period ahead.
The FFC recommends that during a period of fiscal stress, government should protect social assistance expenditure as far as possible during fiscal consolidation. Government should protect the relative simplicity of the social assistance system, especially when contemplating reform options. The FFC also recommends that government pilot conditional cash transfer and workfare programmes on a small scale and evaluate them to expand successful pilots, strengthen non-cash complementary social developmental services by emphasising quality improvements within defined resource limits, and avoid universal income grants.
Government supports these recommendations with the exception of the piloting of a workfare programme. Although exploring potential policy initiatives through pilot programmes has many benefits, giving cash benefits to individuals can be problematic. It will be extremely difficult for government to exclude people from the pilot and if it fails it will be complicated to withdraw support.
The FFC recommends that when introducing and terminating conditional grants, national departments must introduce a mandatory, systematic process for designing and planning individual conditional grants that covers incentive effects, administrative accountability arrangements and stipulates regular review periods and exit strategies of the grant. Government should also ensure there is an independent evaluation of the grant performance at entry, midterm and end of the grant.
Guidelines on how to introduce and terminate conditional grants are available and the recommendation that criteria for disbanding the grant should be identified upon introduction is welcomed. It will be beneficial in the long term to develop capacity within national and provincial departments, provincial treasuries and municipalities to perform independent evaluations of grant performance. However, the fiscal system should continue to be responsive to the needs of government. Government should have the flexibility of introducing and terminating conditional grants where there is a clear rationale to do so.
The FFC recommends that government should make the criteria for dividing grant allocations transparent.
The allocation criteria for grants are explained in the relevant conditional grant frameworks.
The FFC recommends that government continue to emphasise the importance of non-financial data reporting, linking outer-year allocations to independently evaluated performance information and gazette expected deliverables.
Government agrees and will continue to emphasise the importance of non-financial performance reporting. Performance audits at provincial level should bring about substantial improvements to the quality of performance information. Reforms are in place to develop proper reporting systems for financial reporting in municipalities, and once these are in place the focus will shift to non-financial reporting. Government seeks to improve alignment of budgets and measurable objectives through its budget reforms.
The FFC recommends that through incentive grants, national departments must make accounting for delivery a prerequisite for most conditional grants. They should encourage designing grants that explicitly promote innovation in sub-national governments and strengthen incentives for optimal service delivery.
Government supports this recommendation. However, the administrative ability in provincial and local government must be strengthened before incentives for innovation are likely to have the desired effect.
The budget allocation process must specifically follow the conditional grant frameworks and this should be monitored periodically through section 32 of the PFMA and section 71 of the MFMA.
Government agrees with the proposal and monitoring is taking place through section 32 of the PFMA and section 71 of the MFMA.
The FFC recommends that government adopt standard indicators or early warning systems to measure and detect fiscal stress in municipalities. In addition to those already prescribed, these indicators should be pre-conditions for instigating mandatory provincial interventions. Monthly budget statements should report on actual revenue per source and on the percentage of collected revenue to the total value of billed revenue.
Government should legislate ratios for revenue collection as one of the key performance areas against which to assess overall municipal performance. Collection and coverage ratios must be used as standard indicators to revenue collection performance assessment across municipalities.
Excessive levels of municipal debt must be reduced through constant taxpayer education and incentives to improve the quality of services in general. Local government should be able to issue garnishee orders and the judicial system should have dedicated courts to deal with outstanding municipal accounts until the debt is reduced to acceptable levels.
The FFC recommends that government should make a concerted effort to estimate the fiscal capacity and fiscal effort of municipalities to dispel the perception that certain municipalities will never be financially viable.
Municipalities should have broad revenue improvement programmes that focus on administrative streamlining as well as revenue and expenditure interventions, and efficiency-based interventions. These interventions should be specific to local economic circumstances so that the emphasis is appropriate.
Effective revenue management processes, good financial management and the provision of good quality services should underpin revenue improvement programmes. These should only be conducted when municipalities have maximised the collection of local and outstanding revenue sources and should be subject to empirical tests.
National government agrees that improving municipalities' management of their own revenue sources is an essential part of placing local government finances on a more sustainable base, while strengthening local accountability and service delivery. National government's estimates indicate that improving municipalities' management of their revenues has the potential to yield substantially greater returns than the additional funds local government is budgeted to receive through the local government equitable share and conditional grants over the 2011 MTEF.
National government supports the recommendation that each municipality should have a broad revenue improvement programme in place. It is for this reason that national government has emphasised the importance of fostering a culture of payment for local government services through various initiatives, and why National Treasury and the Department of Cooperative Governance and Traditional Affairs are working together to provide practical support to municipalities on initiatives to strengthen their own revenue policies, procedures and processes.
National government has an early warning system that monitors municipal finances. This system is anchored by the budget formats prescribed in terms of the municipal budget and reporting regulations, the associated funding compliance assessment (see MFMA Circular 42) and monthly financial reports required in terms of section 71 of the MFMA. This system has proved to be very effective at identifying fiscal stress in municipalities. The real challenge is finding people with the necessary skills and integrity to tackle the identified problems.
The new budget and reporting formats emphasise cash-flow budgeting and reporting, which lays the foundation for closely monitoring actual revenue collections against billed revenues. However, it is not practical to insist on one-to-one reporting of revenue collected against revenue billed - because of the way systems are set up, the manner in which payments are allocated to settle bills, and the impact that debt repayments have on current revenue numbers.
The relevant acts that govern revenue collection by municipalities place positive obligations on municipal councils and municipal managers to put policies, processes and systems in place to ensure sound management of the various own revenue sources. National government is progressively strengthening its ability to monitor compliance with this legislation. The primary challenge is to get municipalities to make it a priority and manage it effectively.
Legally, municipalities may apply to a court for a garnishee order to recover outstanding debts from a customer. However, this is a costly approach and is therefore not widely used. National government believes that at this stage there is far more to be gained from improving the accuracy and completeness of municipal billing systems, and putting in place proper customer relations capacity. Experience has shown that these yield far better results for debt collection, but the idea of creating municipal debt courts can be considered in the medium term.
The notion that certain municipalities will never be financially viable is a misrepresentation of both the design of the local government fiscal framework and the practical reality of local economies. The fiscal framework is intended to ensure an equitable distribution of resources between the rich and poor areas of the country - but it does not absolve municipalities of the responsibility to raise property rates and services charges for the non-poor living within their municipal boundaries. Information on municipal own revenues indicates that many smaller municipalities are failing to do so. National government is investigating the issue of developing measures of fiscal capacity - it is by no means a straightforward task given the impact that traditional land and different modes of service delivery have on many municipalities' rates bases and service revenues.
The FFC recommends that the institutional component and revenue-raising correction component are reformed, so that the institutional component assists poor municipalities and the step structure of the differentiated tax mechanism of the revenue-raising correction component is removed. The current method of using actual property rates and own revenues collected to calculate the correction is problematic as poor fiscal effort and reporting is used as a measure for additional funding, which could be seen as a contradiction of section 227(2) of the Constitution. The FFC recommends that this practice is replaced with alternative methods of revenue prediction.
Government agrees that changes are required to improve the way the local government equitable share is allocated between municipalities. To assess whether the local government equitable share formula results in an equitable division among individual municipalities (horizontal division) as stipulated in sections 214 and 227 of the Constitution, the formula should be analysed as a whole - rather than subcomponents in isolation. Several adjustments are made to the local government equitable share formula this year and further changes will be made after a full review of the formula in 2011 (discussed in part six of this annexure).
The institutional component has been changed in 2011, adjusting the amount allocated to municipalities in terms of their poverty rate. This means that poorer municipalities will receive increased allocations. Details of this change are set out in part five of this annexure.
The revenue-raising correction component was introduced in 2005 following the FFC's recommendation that equitable share allocations should be adjusted to take account of the ability of municipalities to raise their own revenues. The original model used to predict municipal revenue-raising capacity became distorted over time and was replaced in 2008 with a simple model that uses reported revenue raised in previous years to predict future revenue-raising capacity. Although the Municipal Property Rates Act (2004) has been amended to take effect by not later than 1 July 2011, stipulating that municipalities must implement valuation rolls, the system is not yet at a stage where property rates revenue estimates can inform municipal equitable share allocations. In the absence of accurate property valuation rolls for all municipalities and with no official data on economic activity at municipal level, it is very difficult to construct a model that would provide fair estimates of municipalities' capacity to raise their own revenues.
During 2010, National Treasury has worked together with officials from the FFC, SALGA and the Department of Cooperative Governance and Traditional Affairs to try to develop an alternative model. Due to the lack of adequate data, these attempts did not succeed in producing a model that could provide plausible predictions of the revenue-raising capacity of all municipalities. Using these models in the formula would have produced large distortions in allocations to municipalities and would risk contravening section 214(2)(i) of the Constitution that requires that allocations "take into account the desirability of stable and predictable allocations of revenue shares." The current method used for predicting municipalities' capacity to raise own revenues is therefore the fairest and most accurate method available at present and cannot be changed this year.
Government agrees to the recommendation to remove the stepped structure from the revenue-raising correction and a smooth curve has been used instead to calculate the differentiated "revenue correction" rate applied to each municipality. As outlined in part five of this annexure, the value of the revenueraising correction has also been reduced in this MTEF to compensate for demographic changes not reflected in the formula, due to the use of 2001 Census data. The total value of the revenue-raising correction component of the formula will be reduced, giving it less of an impact on the allocations to individual municipalities.
The FFC does not support the blanket regionalisation approach proposed in the 17th amendment to the Constitution. The electricity distribution industry (EDI) restructuring process should consider an approach that allows for differences in performance.
The FFC made a number of recommendations with respect to the EDI restructuring and establishment of regional electricity distributors.
The FFC recommendations were proposed before government resolved not to continue with the restructuring and establishment of the regional electricity distributors. The FFC's recommendations are therefore moot.
The FFC recommends that the Passenger Rail Agency of South Africa (PRASA) and cities should ensure that investment projects on rail and roads infrastructure are aligned and coordinated for optimal use of resources.
The regulation function for public transport is being developed in municipalities to support the alignment and coordination of investment and planning for public transport services. Changes to funding flows to improve coordination include the transfer of the public transport operations grant in the 2011 Division of Revenue Act. Talks are also under way with the national Department of Transport to discuss the transfer of rail operational subsidies to cities, rather than directly to PRASA, to ensure integrated network design and management.
The FFC recommends that government make an immediate decision on the funding for the Municipal Land Transport Fund, as delays could negatively affect the financial position of affected municipalities.
The National Land Transport Act (NLTA) (2009) requires the creation of a municipal land transport fund in each municipality. Municipalities can deposit grants from national and provincial governments into the Municipal Land Transport Fund, as well as user charges from transport services and revenue from local taxes. If municipalities need to raise additional local taxes for the fund, they can apply to the Minister of Finance to authorise such a tax. To date no such request has been received.
The FFC recommends that PRASA should ensure that funding for investment on the commuter rail sector prioritises corridors already identified as A and B in the National Rail Plan.
Government supports the proposal.
The FFC recommends a comprehensive review conducted by relevant stakeholders into the costs associated with current urban form in a selection of major South African cities. This review will improve the efficiency of land-use patterns. The current mechanisms and basis for distributing transport subsidies should be reviewed by the Department of Transport, National Treasury and other key stakeholders to promote the efficiency of urban transport and land-use systems, taking equity and distributional effects on households into account.
Government recognises the need to review fiscal and financing arrangements for large cities, particularly in light of recent policy development resulting in the transfer of public transport, human settlements and land management functions to cities. This requires the development of new fiscal instruments, monitoring and capacity-support arrangements. The introduction of the new urban settlements development grant to address informal settlements and accelerate urban land release should help to improve the efficiency of land-use patterns. The current system of transport subsidies is not linked to ridership levels in cities, nor does it cover the full cost of ridership, thus placing ridership risks with the cities. Government will consider possible further changes to the financing of urban housing and public transport. A key challenge is to improve service delivery while breaking down the apartheid settlement patterns that continue to marginalise the poor in cities.
Cities will require capacity support to take on these new roles. Government looks forward to FFC analysis and recommendations on key fiscal issues, options and risks regarding this issue.
The FFC recommends that government examines the potential financial implications of the NLTA on municipalities, and identifies dedicated funding streams for public transport.
Funding has been allocated to the Department of Transport for the implementation of the NLTA over the MTEF. National Treasury will review funding options to support the creation of regulatory capacity at local level. Funding also needs to be shifted from provinces to local government, as the act transfers the function from provinces to municipalities.
The FFC recommends that the Department of Transport should regularly update the South African National Household Travel Survey.
Government supports the recommendation. Funding has been allocated to the Department of Transport to begin updating the National Household Travel Survey in 2011/12.
Sections 214 and 227 of the Constitution require that an equitable share of nationally raised revenue be allocated to provincial government to enable it to provide basic services and perform the other functions allocated to this sphere.
An amount of R40.2 billion is added to the provincial baseline over the next three years. The provincial equitable share baselines are revised upwards by R30.1 billion and conditional grants are increased by R10.1 billion. National transfers to provinces increase from R323.1 billion in 2010/11 to R357.9 billion in 2011/12.
7.8 per cent to R404.3 billion in 2013/14.
Table W1.6 below sets out the total transfers to provinces for the 2011/12 financial year, which amounts to R357.9 billion, with R288.5 billion allocated to the provincial equitable share and R69.4 billion to conditional grants, which includes an unallocated R305 million for the provincial disaster grant, but does not include an indirect transfer to provinces of R700 million for the school infrastructure backlogs grant.
At 80.6 per cent of national transfers to provinces in 2011/12, the equitable share constitutes the main source of revenue for meeting provincial expenditure responsibilities. The proposed revisions of R7.8 billion, R10.3 billion, and R12 billion bring the equitable share allocations to R288.5 billion in 2011/12, R305.7 billion in 2012/13, and R323.6 billion in 2013/14. These revisions result in the provincial equitable shares increasing 8.8 per cent between 2010/11 and 2011/12, and 6.9 per cent over the MTEF in nominal terms.
The revisions to baseline equitable share allocations provide for personnel and policy adjustments. The personnel adjustments provide for the 2010 wage agreements and additional resources to provinces to deal with outstanding OSD costs in education and new and outstanding OSD costs in health. Policy adjustments seek to improve access to health services and to help provinces stabilise their health systems and prepare for the introduction of national health insurance.
Section 227 of the Constitution entitles provinces to an equitable share of nationally raised revenue to enable them to provide basic services and perform their functions. Section 214 of the Constitution requires that before providing for the equitable division of revenue through the Division of Revenue Act, government must consider a number of factors listed in Section 214(2)(a) to (j), which provide a framework to guide revisions to the provincial equitable share formula.
In 2004 it was decided that national government should take responsibility for social assistance. These funds were taken out of the provincial equitable share and the formula was reviewed and some minor changes were made.
An objective redistributive formula is used to divide the equitable share among provinces. In 2006 the Budget Council called for a comprehensive review of the provincial equitable share formula to address concerns that it was not flexible enough to deal with expenditure responsibilities driving provincial budgets. The review was conducted in two phases; the first phase was concluded by the FFC in 2009. The FFC identified the policy imperatives that should underpin the review and proposed options for reform of the provincial fiscal powers and the provincial fiscal framework. National Treasury lead the second phase of the review and the recommendations were presented to Budget Council on 4 October 2010. Government responds to the FFC's recommendations relating to the formula and the provincial division of revenue, but has not considered FFC's proposed changes to the fiscal powers of provinces.
Based on the review, a number of reforms will be introduced to the provincial equitable share formula for the 2011 Budget. The structure of the provincial equitable share (six components) remains unchanged. A new health component will be introduced and the weights of the education, health and basic components will be revised. The unconditional nature of the equitable share formula, the oversight and support responsibilities of national departments in charge of concurrent functions and the discretion of provincial governments have not been affected by these changes.
The formula consists of six components. The components' respective weights should be considered together, along with the interrelated functions that provinces perform, taking into account the autonomy provinces have regarding the way in which they address government priorities.
Of the six components, only the institutional component and the economic activity component, which account for 6 per cent of the provincial equitable share, are not informed by demographic data. Therefore 94 per cent of the equitable share is influenced by population movements and the characteristics of provincial populations.
The education component encourages enrolment at schools, but due to the weighting of the subcomponents, penalises provinces that allow retention and repetition. The value of any province's health component, even in its new form, will not change significantly if the demand for health services in the province falls. This creates an incentive for provinces to manage their overall health care and social programmes well and improve the health of their population, reducing the burden on the health system and freeing up resources for other purposes.
The poverty component ensures the formula is redistributive and the economic component creates an incentive for provinces to create favourable economic conditions. The economic component is weighted according to the limited economic functions provinces are required to perform. The fixed institutional component ensures all provinces receive administrative funding, and due to the fixed value of this component, provinces that are administratively efficient are able to free up resources for service delivery.
The provincial equitable share is agreed to during the vertical division of revenue and the amount allocated to it is an indication of the value placed on the functions performed by provinces relative to the responsibilities of the two other spheres of government. The role of the formula is to ensure that each province receives its share of the provincial equitable share.
The provincial equitable share formula, as a blunt instrument, facilitates robust democratic engagement and provincial priority setting, which is consistent with the principles of the intergovernmental fiscal system. Resource allocation and budgeting decisions are made at the provincial level. Thus, poor resource and budgeting decisions cannot be attributed to the formula.
The intergovernmental fiscal system and implementation of concurrent functions can be improved through the strengthening of two key institutions. First, national departments responsible for concurrent functions must ensure that the policy standards for their sector are in place and legislated, so that provinces can align their activities with these standards. By requiring compliance with norms and standards, national departments allow provinces to choose how to achieve compliance, which encourages efficiency and innovation. Second, the capacity of provincial treasuries needs to be strengthened so that the cost implications of policies can be fully understood and monitored. A capacitated provincial treasury enables the provincial executive to prepare and defend a balanced budget that addresses government priorities.
A number of new components to the formula were considered, but all options were constrained by the availability of regularly updated official demographic data sets.
A new social development component was considered, but as the key dependent variable was poverty, it was agreed that it would be more efficient to simply use Statistics South Africa (StatsSA) poverty estimates, used in the existing poverty component. As the poverty component already exists it was decided that a social development component was unnecessary. A number of possibilities were considered for the education formula, particularly the costed norms approach often promoted by the FFC. However, this approach is too subjective, and as the incentives created by the existing component are supported it was left unchanged.
Since the last review of the provincial equitable share formula, the expenditure shares of education and health have changed. Health and education are still the two largest expenditure items on provincial budgets. Total enrolment has stabilised and is starting to fall off, however the pressure on health budgets continues and the relative share of these sectors has changed. The average expenditure on health and education as a proportion of total provincial expenditure for the period 2007/08 to 2009/10 was used to estimate new weights for these components.
The health sector proposed a new formula for the health component and it is discussed in detail below.
The formula is reviewed and updated with new data annually. For the 2011 MTEF, the equitable share formula has been updated with data from the 2010 mid-year population estimates, 2010 Education School Realities and output data from the health sectors. The risk-adjusted capitation index is based on data from the Risk Equalisation Fund, the 2008 gross domestic product by region (GDP-R) and the 2005 Income and Expenditure Survey. The impact of these updates on the provincial equitable shares is to be phased-in over three years (2011/12 to 2013/14).
Because the formula is largely population driven, the allocations it generates capture shifts in population across provinces, leading to changes in the relative demand for public services.
To mitigate the impact of the new data updates on provincial equitable shares, and the new health component, the new shares are phased in over the MTEF. Table W1.7 shows the revised weighted provincial equitable shares for the period 2010/11 to 2013/14.
The formula, shown in Table W1.8 below, consists of six components that capture the relative demand for services between provinces and take into account specific provincial circumstances. The components of the formula are neither indicative budgets nor guidelines as to how much should be spent on those functions in each province or by provinces collectively. Rather, the education and health components are weighted broadly in line with historical expenditure patterns to provide an indication of relative need. Provincial executive councils have discretion regarding the determination of departmental allocations for each function, taking into account the priorities that underpin the division of revenue.
Eastern Cape 16.7% 14.1% 13.5% 16.7% 7.5% 11.1% 15.
Free State 5.6% 5.9% 5.7% 5.9% 5.2% 11.1% 6.
Northern Cape 2.2% 2.3% 2.2% 2.5% 2.3% 11.1% 2.
North West 6.3% 7.0% 6.4% 7.5% 6.5% 11.1% 6.
Western Cape 8.3% 10.5% 10.4% 6.0% 14.3% 11.1% 9.
Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.
For the 2011 Budget, the weight of the education component changes from 51 per cent to 48 per cent, the weight of the health component changes from 26 per cent to 27 per cent and the basic component changes from 14 per cent to 16 per cent. The new weights for the education and health components are aligned with their expenditure shares, excluding expenditure on conditional grants over the past three years. The basic share is a residual component, changing to capture the balance in the changes mentioned above.
x An education share (48 per cent) based on the size of the school-age population (ages 5-17) and the number of learners (Grade R to 12) enrolled in public ordinary schools.
x A health share (27 per cent) based on a combination of risk-adjusted capitation index for the population, which takes into account the health risks associated with the demographic profile of the population and the relative share of case loads in hospitals. The risk-adjusted capitation is given a 25 per cent weighting and the case load (output component) is given a 75 per cent weighting.
x A basic share (16 per cent) derived from each province's share of the national population. x An institutional component (5 per cent) divided equally between the provinces. x A poverty component (3 per cent) reinforcing the redistributive bias of the formula. x An economic output component (1 per cent) based on GDP-R data.
The education component is intended to enable provinces to fund school education, which amounts to about 90 per cent of provincial education spending. The formula uses school-age population (ages 5-17), based on Census 2001, and actual enrolment data drawn from the 2010 Education School Realities to reflect relative demand for education, with each element assigned a weight of 50 per cent. Table W1.9 shows the impact data updates on the education component shares.
Eastern Cape 2 151 992 2 076 400 2 052 386 -24 014 16.8% 16.7% -0.
Free State 760 486 656 754 654 704 -2 050 5.6% 5.6% -0.
Northern Cape 280 975 267 709 269 392 1 683 2.2% 2.2% 0.
North West 826 218 741 892 759 114 17 222 6.2% 6.3% 0.
Western Cape 1 094 565 973 136 1 000 616 27 480 8.2% 8.3% 0.
Total 12 933 032 12 214 845 12 260 099 45 254 100.0% 100.
The previous health component was based on population with medical aid, using the 2009 General Household Survey. Mid-year population estimates are used to update the subcomponent "people without medical aid." People without medical aid were weighted four times as much as people with medical aid.
Government has adopted a new health component that will be used in the 2011 division of revenue. This component combines a risk-adjusted capitation index based on the Risk Equalisation Fund (REF) and output data from public hospitals to estimate each province's share of the health component. These two methods work together to balance needs (risk-adjusted capitation) and demands (output component).
Cost curves have been developed from the REF using data on consumption of health services in the private sector. These curves are based on health services used by people on medical aid and disaggregated by age and gender. For the purposes of the health formula, these curves have been weighted for HIV and Aids and pregnancy. The resulting curves are used to estimate an age- and genderadjusted weighted population for each district and province. The risk-adjusted capitation is estimated using demographic data of the non-insured population in each district and province drawn from the basic population estimates in the General Household Survey (2009). In the absence of data on health consumption patterns in the public sector, the health formula has had to rely on REF data.
Output data or workload data (patient-day equivalent) has been provided by the District Health Information System (DHIS) for 2007/08 to 2009/10. Hospitals are divided by level of care, based on classifications used in the DHIS. A normative estimate of the care mix per hospital level has been developed, and average unit costs for this mix of care have been formulated, so that the relative cost of services provided at the different levels can be estimated. The estimated level of care is based on a modified version of the National Planning Framework's bed mix by hospital and standard bed-topopulation ratios. This approach is normative to deal with the various types of hospitals in provinces.
The unit costs used are derived from a combination of actual data (BAS and DHIS) and previous information comparing normative costs for different hospital types. Each patient-day equivalent is multiplied by a normative costing to estimate a normative health budget per district and aggregated to the provincial level. This is used to estimate a total health budget and each province's share of the output component is based on their share of the total normative budget.
Table W1.10 compares the weighted shares for the health component using the old formula with the new formula. The first column shows the weighted shares in 2010 and what they would be in 2011 using the updated General Household Survey population estimates. The first two columns on the left show the weighted share for 2010 and what the shares would be in 2011 with data updates if the health formula was not changed. The weighted share 2011 column is estimated by weighting the risk-adjusted component (75 per cent) and the output component (25 per cent). These weights will be reviewed as more data becomes available.
Eastern Cape 14.0% 14.1% 14.1% 0.
Free State 5.9% 5.6% 5.9% 0.
Northern Cape 2.4% 2.2% 2.3% 0.
North West 6.7% 6.5% 7.0% 0.
Western Cape 10.1% 9.6% 10.5% 0.
Total 100.0% 100.0% 100.
The poverty component introduces a redistributive element within the formula and is assigned a weight of 3 per cent. The poor population consists of persons who fall in quintiles 1 and 2 based on the 2005 Income and Expenditure Survey. Each province's share is then expressed as the percentage of the poor population residing in that province, where the population figure is drawn from the 2010 mid-year population estimates. Table W1.11 shows the poverty quintiles of the Income and Expenditure Survey, basic component value and the weighted share of the poverty component per province.
Total 49 321 19 809 100.0% 49 991 20 087 100.
The economic activity component is a proxy for provincial tax capacity and is assigned a weight of 1 per cent. For the 2011 MTEF, 2008 GDP-R data is used. Table W1.12 shows the impact of the revised weighted shares of the economic activity component. The right-hand column shows changes as a result of relative growth of provincial contributions to GDP.
Total 1 999 087 100.0% 2 283 822 100.
The institutional component recognises that some costs associated with running a provincial government and providing services are not directly related to the size of a province's population. It is therefore distributed equally between provinces. It constitutes 5 per cent of the total equitable share, of which each province receives 11.1 per cent.
The basic component is derived from the proportion of each province's share of the national population. Following the review of the provincial equitable share formula, the weight of this component increases from 14 per cent to 16 per cent to balance the total change in weights for the education and health components. For the 2011 MTEF, population data are drawn from the 2010 mid-year population estimates. Table W1.13 shows the impact of the revised weighted shares of the basic component.
Eastern Cape 6 649 6 744 95 1.4% 13.5% 13.5% 0.
Free State 2 902 2 825 -78 -2.7% 5.9% 5.7% -0.
Northern Cape 1 148 1 104 -44 -3.8% 2.3% 2.2% -0.
North West 3 224 3 201 -24 -0.7% 6.5% 6.4% -0.
Western Cape 5 357 5 224 -133 -2.5% 10.9% 10.4% -0.
Total 49 321 49 991 671 1.4% 100.0% 100.
There are four types of provincial conditional grants. Schedule 4 sets out general grants that supplement various programmes partly funded by provinces, such as infrastructure and central hospitals. Transfer and spending accountability arrangements differ, as more than one national or provincial department may be responsible for different outputs expected from the grant. Schedule 5 grants fund-specific responsibilities for both the transferring and receiving of provincial accounting officers. A schedule 8 grant, introduced in 2009/10, is intended to provide provinces (and municipalities) with an incentive to meet or exceed prescribed targets. A schedule 9 grant, introduced in 2011/12, provides for the swift allocation and transfer of funds to a province to assist it in dealing with a disaster.
The 2011 MTEF introduces two new conditional grants: the school infrastructure backlogs grant and the provincial disaster grant. The school infrastructure backlogs grant is a short-term grant introduced to deal with the backlog in inappropriate structures and access to basic services in education. To improve alignment of provincial infrastructure transfers with sector needs, the infrastructure grant to provinces has been restructured. The portion of the grant that was earmarked for health is now allocated to the new health infrastructure grant. The portion that was earmarked for roads is now put into the provincial roads maintenance grant, which will be administered by the Department of Transport. The portion of the grant earmarked for education is now in the new education infrastructure grant.
Table W1.14 shows the revisions to provincial conditional grants, which provide for technical, policy and inflation adjustments. Including additions funded from savings and after accounting for shifts from provincial conditional grants to municipal grants, revisions to conditional grant baseline allocations total R2.2 billion, R3.4 billion and R5.9 billion over the MTEF, and bring the new conditional grant baselines to R69.4 billion in 2011/12, R74.7 billion in 2012/13 and R80.6 billion in 2013/14. This excludes the school infrastructure backlogs grant, which is an indirect transfer.
Indirect transfers Basic Education School infrastructure backlogs 700 700 700 2 315 2 315 2 315 5 189 5 189 5 189 8 2048 204 8 204 1. Some national shifts and savings are not recorded in provincial conditional grant baselines.
Table W1.15 provides a summary of conditional grants by sector for the 2011 MTEF. More detailed information, including the framework and formula for each grant, is provided in Annexure W2 of the 2011 Division of Revenue Bill. The frameworks provide the conditions for each grant, the outputs expected, the allocation criteria used for dividing each grant between provinces, a summary of the audit outcome in 2009/10 and any other material issues to be addressed.
The comprehensive agricultural support programme aims to provide support for newly established and emerging farmers. Included in this grant is the extension recovery programme, which focuses on improving extension services through training programmes and providing equipment for extension officers. The grant also targets farm infrastructure and provides support for dipping, fencing and rehabilitation of viable irrigation schemes. An amount of R400 million is added to this grant over the MTEF.
The land care programme grant: poverty relief and infrastructure development aims to increase productivity and the sustainable use of natural resources. Provinces are encouraged to use this grant to create jobs through the expanded public works programme. An amount of R282 million is allocated over the medium term.
The Ilima/Letsema projects grant is intended to boost food production. The grant is aimed at assisting previously disadvantaged South African farming communities to achieve an increase in agricultural production and receives R1.3 billion over the MTEF.
The community library services grant is administered by the Department of Arts and Culture. The purpose of the grant is to enable South Africans to gain access to knowledge and information that will improve their socioeconomic situation. The grant is allocated to the relevant provincial department and either administered by that department or through a service-level agreement with municipalities. This grant is allocated R1.7 billion over the MTEF.
The Department of Basic Education administers the national school nutrition programme grant, the Dinaledi schools grant, the technical secondary schools recapitalisation grant and the HIV and AIDS (life skills education) grant. The new school infrastructure backlogs grant and the education infrastructure grant will be administered by the department over the 2011 MTEF.
The national department will administer the school infrastructure backlogs grant - a grant-in-kind for provinces to ensure a national, coordinated and high-impact approach to eradicating backlogs in inappropriate structures and access to basic services at schools. The grant has been allocated R8.2 billion over the MTEF during which all backlogs will be eradicated and the grant will cease to exist at the end of this period.
The new education infrastructure grant is the portion of the infrastructure grant to provinces that was earmarked for education, and has been allocated R17.6 billion over the MTEF. The best-practice planning principles established through the infrastructure grant to provinces will continue to be implemented through this grant.
The Department of Basic Education will coordinate the implementation of these infrastructure grants to ensure provinces manage their entire education asset stock efficiently and effectively. Key to the success of these grants is the institutionalisation of best-practice infrastructure procurement practices that lead to the packaging of many small- and medium-sized infrastructure projects into single projects, which are delivered through a single contracting process.
The national school nutrition programme seeks to improve nutrition of poor school children, enhance active learning capacity and improve attendance in schools. An amount of R14.7 billion is allocated to this grant over the MTEF.
The technical secondary schools recapitalisation grant provides for equipment and facilities in technical high schools. This grant came into effect in 2010/11 and R632 million is allocated to it over the MTEF.
The Dinaledi schools grant starts in 2011/12. The grant will support Dinaledi schools to improve teaching in mathematics and sciences. The grant is allocated R276 million over the MTEF.
The HIV and Aids (life skills education) grant provides for life skills training, sexuality and HIV and Aids education in primary and secondary schools and is fully integrated into the school system, with learner and teacher support material provided for grades 1 to 9. This grant is allocated R629 million over the MTEF.
The new conditional provincial disaster grant is introduced in the 2011 MTEF. This grant will be administered by the National Disaster Management Centre in the Department of Cooperative Governance and Traditional Affairs as an unallocated grant to provincial government. A new schedule and clauses have been inserted into the Division of Revenue Act to create special provisions for this grant, enabling the National Disaster Management Centre to disburse disaster response funds immediately after a disaster is declared, without the need for the transfers to first be gazetted. Over the MTEF, R675 million is available for disbursement through this grant.
The national tertiary services grant aims to provide strategic funding to enable provinces to plan, modernise, and transform tertiary hospital service delivery, in line with national policy objectives. The grant operates in 26 hospitals across the nine provinces, concentrated in urban Gauteng and the Western Cape. Consequently, the Western Cape and Gauteng receive the largest shares of the grant as they provide the largest proportion of these high-level, sophisticated services for the benefit of the health sector countrywide. The grant has been increased by R1.5 billion over the MTEF to provide for OSD agreements for doctors and implementation of norms and standards in hospitals.
The health portion of the infrastructure grant to provinces will be transferred through the new health infrastructure conditional grant. The capacity-building programmes that supported the infrastructure grant to provinces will continue and the national department will support provinces to implement bestpractice planning and project implementation processes through this grant, which has been allocated R5.4 billion over the MTEF.
The hospital revitalisation grant plays a key role in the large-scale transformation and modernisation of infrastructure and equipment in hospitals. This grant remains separate to the health infrastructure grant to enable the national Department of Health to manage projects funded through this grant closely. Taking into account revisions to the baseline of this grant, R12.5 billion is allocated over the MTEF. During 2011/12, work will begin on merging the health infrastructure grant and the hospital revitalisation grant into a single consolidated source of infrastructure funding for health.
The health professions training and development grant funds the training of health professionals, and the development and recruitment of medical specialists. It enables the shifting of teaching activities from central to regional and district hospitals. This grant is allocated R6.2 billion over the medium term.
The comprehensive HIV and Aids grant enables the health sector to develop a specific response to HIV and Aids. In addition to prevention programmes, the grant supports specific interventions that include voluntary counselling and testing, prevention of mother-to-child transmission, post-exposure prophylaxis and home-based care. In addition to substantial increases to this grant over the 2010 MTEF and additions to the provincial equitable share over the 2011 MTEF for HIV and Aids programmes, R1.5 billion is added to this grant over the 2011 MTEF to fund the higher-than-expected demand for treatment and prevention programmes. The grant is allocated R26.9 billion over the MTEF.
The forensic pathology services grant assists with the transfer of medico-legal mortuaries from the South African Police Service to the health sector and supports the provision of comprehensive forensic pathology services for the criminal justice system. This grant will be phased into the provincial equitable share from 2012/13 and is allocated R590 million in 2011/12.
The further education and training colleges grant was introduced in 2010/11 to protect spending on these colleges by provinces while the legislative processes required to shift this function to national government are completed. An amount of R1.8 billion is added to this grant over the MTEF to cover the cost of wage agreements, carry-through effects of OSD agreements and to provide for increased enrolment.
The human settlements development grant facilitates the establishment of habitable, stable and sustainable human settlements in which all citizens have access to social and economic amenities. From 2011/12 the portion of this grant that should go to cities for internal infrastructure to houses will be taken out of the grant and added to the urban settlements development grant, formerly the municipal infrastructure cities grant. The baseline of the human settlements development grant has accordingly been revised to R47 billion over the MTEF. As more municipalities with large urban centres are able to take on these responsibilities, they will join the urban settlements development grant and their portion of the human settlements development grant will be transferred. This should accelerate the eradication and formalisation of informal settlements. In cases where municipalities are accredited in terms of the Housing Act (1997), the municipalities will receive the grant directly from national government.
The devolution of property rate funds grant ensures that provinces take over the responsibility of paying property rates and municipal charges on properties that were administered by national government on their behalf. An amount of R2.2 billion is added to this grant over the MTEF, as more information about property ownerships and municipal rates has become available.
The expanded public works programme incentive grant for provinces provides incentives to provinces to increase spending on labour-intensive programmes. It is awarded to provinces based on the number of work opportunities they create through specific programmes. The baseline of this grant has been revised to provide for the social sector expanded public works programme incentive grant for provinces and is in line with provincial department's capacity to perform. Over the MTEF, R994 million is allocated to this grant. In the 2010 Budget, the Department of Public Works introduced a subsidy grant: the expanded public works programme for the social sector. That grant has been restructured into an incentive grant for the social sector to increase employment in non-profit organisations working in this sector and to improve the reach and quality of their services. The grant has been allocated R728 million over the MTEF.
The Department of Transport is allocated R5.3 million in 2011/12, through the gautrain rapid rail link grant, as a final contribution to the construction of the Gautrain Rapid Rail Link to cover the cost of any foreign exchange losses. This is the last year of this grant.
The public transport operations grant subsidises commuter bus services. The payment of bus subsidies to operators was previously funded on an agency arrangement between national and provincial government, and this grant enables government to take greater responsibility in ensuring contractual obligations are met. This grant will amount to R13.1 billion over the MTEF.
The portion of the infrastructure grant to provinces earmarked for provincial roads has been allocated to the provincial roads maintenance grant, which comes into effect in 2011/12. An amount of R3.4 billion is added to the earmarked portions from the infrastructure grant to provinces over the MTEF to enable provinces to expand their maintenance activities and to cover the cost of rehabilitation work created by coal haulage in Mpumalanga and Gauteng. The provincial roads maintenance grant will require provinces to follow best-planning practices according to road asset management systems and to keep these systems updated regularly. The grant has been allocated R22.3 billion over the MTEF.
The Department of Sports and Recreation administers the mass sport and recreation participation programme grant to encourage mass sports participation within communities and schools through selected activities. This grant is allocated R1.4 billion over the MTEF.
A number of changes are made to the fiscal framework and allocations to local government this year. Revisions have been made to conditional grants to differentiate between and better respond to the needs of rural and urban municipalities. The formula used to allocate the equitable share to municipalities has also been adjusted to direct more funds towards poorer municipalities. These changes will be built on after a review of the local government fiscal framework to be conducted during 2011.
This section outlines what transfers are made to local government and how these funds are distributed between municipalities. Funds raised by national government are transferred to municipalities through conditional and unconditional grants. These funds help municipalities to meet their constitutional mandate to deliver basic services and meet the public service needs of all their residents, while promoting local economic development. National transfers to municipalities are published to enable them to plan fully for their coming 2011 budgets, and to promote better accountability and transparency by ensuring that all national allocations are included in municipal budgets.
The 2011 MTEF provides for an additional R1.2 billion for the local government equitable share over the MTEF, which results in a growth for unconditional allocations to municipalities over the period, from R30.6 billion in 2010/11 to R40 billion in 2013/14, at an average annual rate of 9.4 per cent. This growth follows several years of significant increases that saw the local government equitable share grow 971 per cent in the decade between 2001/02 and 2011/12 and more than double the proportion of the total national budget it accounts for - growing by an annual average rate of 30.1 per cent. This growth rate could not be sustained indefinitely and will level off over the MTEF. Changes to the local government equitable share in this budget are focused on adjustments to improve the allocative efficiency of the formula. Including additions funded from savings, an amount of R7.6 billion is added to direct transfers and R952 million is added to indirect transfers over the MTEF.
The primary role of the local government equitable share is to distribute local government's share of nationally raised revenue, supplementing municipal own revenues, to assist municipalities in providing basic services to poor households.
Local government's share of nationally raised revenue is allocated between municipalities using a formula that takes account of the different demographics and service levels in municipalities. The equitable share formula ensures that each municipality receives a share that allows it to meet its basic service obligations, taking account of both the operational costs of providing those services and administrative and governance costs incurred in running a municipality. Allocations are corrected to account for the varying ability of municipalities to raise their own revenues.
Government recognises that the current equitable share formula could be improved on and intends to introduce a new equitable share formula for local government after a thorough review of the local government fiscal framework over the medium term (more details on this review are provided in part six of this annexure). However, it is likely that this new formula will only be introduced after the data from the 2011 Census is made available, and it may only affect allocations in 2014/15. Several adjustments have been made to the current formula to ensure that some of the flaws are addressed over the MTEF. In particular, adjustments to the formula are made to ensure that a greater proportion of funds are allocated to municipalities in the poorest areas of the country to improve service delivery, and changes are made to the basic services, institutional and revenue-raising capacity correction components of the formula.
To ensure stability in municipal allocations, municipalities are guaranteed to receive at least 90 per cent of the indicative allocation for 2011/12 published in the 2010 Division of Revenue Act and 100 per cent of their 2010/11 allocation. The majority of municipalities (and all local municipalities), poor municipalities in particular, will receive more than their guaranteed amounts.
The adjustments to the formula are described in detail in the subsections that follow. Their net effect is to increase the equitable share allocations to the 70 poorest municipalities by an average of 6.7 per cent and to the 21 district municipalities that provide water and sanitation services by an average of 5 per cent. These increases are in addition to the increases in funds added to the local government equitable share, which benefits all municipalities.
The purpose of this component is to assist municipalities in providing basic services to poor households and with meeting municipal health service needs for all. For each subsidised basic service there are two levels of support: a full subsidy for poor households that are connected to municipal services, and a partial subsidy for poor households that are not yet connected to municipal networks. In the past, the allocation for un-serviced households was set at a third of the cost of the subsidy to serviced households. In the 2011 MTEF this has been increased to 45 per cent of the value of subsidy to serviced households. This increase acknowledges that progress has been made in connecting more poor households to services, increasing the service costs to municipalities. It is not possible to adjust the number of serviced households accurately until the next census results are released, so a general increase to the value of allocations against un-serviced households has been made to help cover these additional costs. This has a significant impact on municipalities in the poorest parts of the country, as they tend to have the highest service backlogs.
x Supporting poor households earning less than R800 per month in 2001 prices. x Distinguishing between poor households connected to services and those that are not connected to services and may be provided with alternatives. x Recognising water reticulation, sanitation, refuse removal and electricity reticulation as core municipal services. x Providing for municipal health services to all households (through funding allocated to district and metropolitan municipalities).
This component is currently inactive. The review of the local government fiscal framework which will commence in 2011 will consider how best the formula can respond to the development needs of the different types and categories of municipalities.
The average low- or medium-capacity municipality (typically in rural areas or small towns), spends more than half of its own revenue on administrative and governance costs, leaving a reduced portion available for the provision of basic services to residents. Given the existing capacity challenges in these municipalities, the institutional support component of the equitable share formula offers assistance in meeting some of these requirements, providing a supplement to augment, but not fully cover, institutional costs.
The institutional support component has been adjusted in the 2011 formula to take account of the level of poverty in a municipality and its relative ability to fund administrative and governance costs from own revenue. Previously, this component was largely determined by the population size of a municipality. The adjusted formula still reflects the relative sizes of different municipalities, but this is now adjusted by their poverty rate.
The base allocation is an amount that will go to every municipality. The second term of this formula recognises that administrative costs go up with the size of a municipality and the ability of a municipality to fund these costs from their own revenue is lower the greater the proportion of its residents that are poor. This second term incorporates two elements; an allocation per councillor that reflects the relative size of a municipality (councillor numbers are determined by the population of a municipality) and a poverty factor calculated as the proportion of poor households in a municipality (poor households divided by total households). The municipality with the highest proportion of poor households receives a poverty factor of 100 per cent (the poorest municipality has 83 per cent of its households below the R800-a-month poverty line according to 2001 prices), so 17 per cent is added to the proportion of poor households in each municipality to calculate the poverty factor.
This component (together with the special support for councillor remuneration to poor municipalities provided outside of the equitable share formula) provides sufficient resources for municipalities to pay their councillors' salaries and a significant portion of their administrative costs without having to use the funds allocated through the basic services component.
The number of seats that will be recognised for purposes of the formula is determined by the Minister of Cooperative Governance and Traditional Affairs for elections and composition.
To account for the varying fiscal capacities of municipalities, the formula must account for each municipality's ability to raise revenue for the purposes of fulfilling its constitutional mandate. This component therefore takes into account income from property rates and the fuel levy sharing with metropolitan municipalities. In the absence of proper information on property valuation rolls across the spectrum of municipalities and as an interim measure, previous property rate collections between 2004/05 and 2006/07 have been used as a basis for determining future capacity to collect income from this source.
The formula does not look at changes in the levels of revenue collection after 2006/07, to avoid penalising municipalities that have improved their revenue collection efforts. The projected capacity of a municipality to raise revenue from property rates is assumed to be the average of past revenue collection grown to reflect the impact of inflation. In the case of fuel levy sharing with metropolitan municipalities, the revenue-raising capacity correction is calculated using the allocations published for the MTEF.
In order to achieve greater horizontal equity in the allocation system and to acknowledge the revenueraising constraints faced by smaller municipalities, a differentiated "revenue correction" rate on property rates income is applied. The applicable revenue correction rate for a municipality is based on the level of per capita own operating revenue (based on 2004/05 to 2006/07 figures), and own operating revenue is the difference between past actual total operating revenue and income from grants and subsidies.
The revenue correction rates range from 1 per cent for municipalities with the lowest operating revenue per capita to 7 per cent for those municipalities with the highest operating revenue per capita.
The application of revenue-raising capacity correction in the local government equitable share formula means that municipalities are expected to use between 1 per cent and 7 per cent of the revenue they raise from property rates to top-up the funds provided through the equitable share.
District municipalities do not collect property rates, so the revenue-raising capacity correction component of the formula is applied as a flat "tax" of 6 per cent of the value of the regional services council RSC / Joint Services Board (JSB) levy replacement grant, allocated to each district. This grant is an unconditional allocation that replaces the major source of own revenue for district municipalities prior to 2006.
There have been two changes in this component of the formula for the 2011 MTEF. The previous stepped taxation structure for property rates (in which municipalities were placed into eight bands with one revenue correction rate applying to all municipalities in each band) has been replaced with the smoothed curve structure described above. This is fairer to municipalities that were on the outer edges of the bands in the previous formula, as they will now have their own revenue correction rate. In addition, the rate of revenue correction has been reduced for all municipalities.
1.5 per cent to 9.5 per cent, now it ranges from 1 per cent to 7 per cent.
These changes reduce the impact of this component on the final allocations to municipalities by 12 per cent. The revised component takes account of the substantial migration to more prosperous municipalities since 2001. These municipalities are funding the provision of services to larger numbers of poor residents through cross-subsidisation from their own revenue. Reducing the revenue correction rate in this component will free up more funds within these municipalities for cross-subsidisation.
With the publication of three-year budget allocations, a guarantee mechanism is applied to the indicative outer-year baseline amounts with the aim of ensuring that municipalities are given what was indicated in the previous MTEF, as far as this is possible, given overall budget constraints and the need to amend the formula to increase allocations to poorer municipalities. In the 2010 MTEF, the applicable guarantees on the allocations are 100 per cent for 2010/11 and 90 per cent for 2011/12. In the schedules of the 2011 Division of Revenue Act, the applicable guarantees are 100 per cent for the 2011/12 allocations, 90 per cent for the 2012/13 allocations, with no guarantee on the indicative 2013/14 allocations published.
To deal with these constraints, municipalities are divided into two groups: municipalities that require a "top-up" in order to meet the stabilising constraints and those that do not. The total size of the top-up is calculated and deducted from those that do not require a top-up amount in proportion to the "surplus."
All district management areas (DMAs) have been incorporated into local municipalities as part of the redemarcation of municipal boundaries that comes into effect with the 2011 local government elections. Previously, district municipalities received the equitable share funds allocated on the basis of households in the DMAs. As these district municipalities are no longer responsible for providing services in the DMAs, the guarantees on their equitable share allocations (described above) were applied after subtracting the amounts previously allocated to them for the DMAs.
The formula outlined above has to be rescaled to make allowance for intricacies in the allocation process. In particular, powers and functions must be taken into account, and the overall budget must balance.
Local government is divided into categories A, B and C.1 The division of powers and functions between local and district municipalities differs - and this is also true between the different local municipalities within the same district. In order to deal with these differences, the formula has to ensure that the allocations made in terms of the basic services component go to the municipality that is authorised to perform that function. To enhance transparency in the budget process, local government equitable share and municipal infrastructure grant (MIG) allocations to district municipalities are published per unauthorised local municipality in the relevant district municipality.
The horizontal division of allocations made between municipalities depends on the size of the overall allocation made to the local government sphere, usually decided through a separate consultative process to determine the equitable share of nationally raised revenue for each of the three spheres of government (the vertical division). As there is no guarantee that allocations made in terms of the horizontal division add up precisely to the amount allocated to the local government equitable share, such allocations need to be adjusted to fit within the constraints outlined above.
1 Category A are metropolitan municipalities, category B are local municipalities and category C are district municipalities.
This adjustment factor is calculated to ensure that the system balances.
The integrity of the data is as important as the set of equations in determining whether the allocations meet the constitutional requirement of equity. Although extensive work has been undertaken to try update the data used in the formula, Census 2001 remains the only source of data that is reliable down to municipal level for population, income and service access data. Data for the number of councillors per municipality is provided by the Independent Electoral Commission and the Municipal Demarcation Board, and data on property rates collected between 2004/05 and 2006/07 is sourced from the reports that municipalities submit to National Treasury in terms of section 71 of the MFMA.
Household income is used to estimate poverty at a municipal level, as it allows for a cross-tabulation of poverty against servicing levels. The majority (over 90 per cent) of funds allocated through the formula are based on the service delivery needs of poor households.
The Municipal Demarcation Board announced in September 2010 that a series of municipal boundary changes would come into effect with the local government elections in 2011. Buffalo City and Mangaung will shift from local municipalities to metropolitan municipalities, and Metsweding district municipality and its local municipalities will be incorporated into the Tshwane metropolitan municipality. Several local municipalities will shift into different district municipalities, some municipalities will merge, and certain wards will move from one municipality to another. All district management areas will be eliminated. These sparsely populated areas were previously serviced by district municipalities, but will now be incorporated into local municipalities. To reflect these changes in the allocations for the 2011 MTEF, the 2001 Census data used to calculate the equitable share has been updated by StatsSA.
The basic services subsidy for poor households is a key determinant in the current formula. There is no accurate data on these service costs across all municipalities, and so these allocations are based on estimates on the relative costs of services and the amount of funds available. As outlined in the basic services section, it is now assumed that providing alternative services to households that did not have services when Census 2001 was conducted is 45 per cent of the cost of providing full services. After the adjustment factor and other components are applied, the actual subsidies per basic service made available through the equitable share are set out in table W1.19.
Electricity Water Sanitation Refuse 188.04 208.31 125.36 138.84 125.36 138.82 125.36 138.82 222.05 148.03 148.03 148.03 84.62 93.76 99.92 56.41 62.53 66.61 56.41 62.52 66.61 56.41 62.52 66.
Total 564.12 624.79 666.15 253.85 281.32 299.
Prior to 2006, district municipalities raised levies on local businesses within their districts through either an RSC levy or a JSB levy. This source of revenue was replaced in 2006/07 with the RSC/JSB levies replacement grant, which was allocated to all district and metropolitan municipalities, based on the amounts they had previously collected through the levies. In the 2011 MTEF, the RSC/JSB levies replacement grant is grown by 9 per cent a year for municipalities authorised for water and sanitation functions and 3 per cent for unauthorised municipalities, acknowledging the very different service responsibilities of these district municipalities.
The redemarcation that will come into effect with the 2011 local government elections will see two district municipalities disestablished and the boundaries of a further five district municipalities changed substantially. Alfred Nzo, Xhariep and Thabo Mofutsanayana district municipalities will expand to include additional local municipalities. The RSC levy replacement grant to these district municipalities will be increased. The value of this increase will be calculated as a portion of the RSC levy replacement grant of the district municipality that each local municipality used to form part of, in proportion to their share of that district's population. OR Tambo and Amatole districts will both reduce in size but their RSC levy replacement grant will not be changed. Motheo and Metsweding districts will both be disestablished; their RSC levy replacement grant will be returned to the local government equitable share and allocated to all municipalities through the formula. Both new metropolitan municipalities (Mangaung and Buffalo City) will receive funds from the fuel levy sharing with metropolitan municipalities and Tshwane metropolitan municipality's allocation will be increased to account for its incorporation of Metsweding district (details in part six of this annexure).
Councillors' salaries are subsidised in poor municipalities. This support is calculated separately to the local government equitable share and is additional to the governance costs allocation provided in the institutional support component. The level of support provided to each municipality is published in the government gazette issued by the Minister of Cooperative Governance and Traditional Affairs, determining the upper limits of salaries, allowances and benefits of members of municipal councils. The gazette classifies municipal councils into six grades based on their total income and population size. Special support is provided to the lowest three grades of municipal councils (the smallest and poorest municipalities).
Conditional grants to local government aim to eradicate backlogs and build institutional financial capacity in local government. The total value of conditional grants directly transferred to local government, including the water operating subsidy, increase from R27.5 billion in 2011/12, to R30.4 billion in 2012/13 and R32.7 billion in 2013/14.
Conditional grant allocations to local government are being reconfigured to increase differentiation between the funding of urban and rural municipalities. The most significant change to be introduced in 2011 is the creation of a new urban settlements development grant for metropolitan municipalities to fund the upgrading of informal settlements. This means that metropolitan municipalities no longer receive allocations through the MIG. Several other grants also provide for specific rural and urban challenges, including the rural transport infrastructure grant and rural households infrastructure grant, which fund rural municipalities while the public transport infrastructure and systems grant funds public transport projects in large cities. A new municipal disaster grant has also been introduced to enable the speedy allocation and transfer of funds to municipalities affected by disasters.
National transfers for infrastructure, including indirect or in-kind allocations to entities executing specific projects in municipalities, amount to R29.5 billion, R33.1 billion and R35.5 billion for each of the 2011 MTEF years.
The largest infrastructure transfers are through the MIG, which supports government's objective of expanding service delivery and alleviating poverty. The MIG funds the provision of infrastructure to provide basic services, roads and social infrastructure for poor households in all non-metropolitan municipalities. MIG previously also included the MIG cities grant - a schedule 4 allocation to metropolitan municipalities, but from 2011/12 MIG cities forms part of the baseline of the new urban settlements development grant.
The MIG allocations are based on a formula with a vertical and horizontal division. The vertical division allocates resources to sectors or other priority areas, and the horizontal division is based on a formula that takes account of poverty, backlogs, and municipal powers and functions. There are five main components of the formula, as demonstrated in the box below. A constant component of R5 million ensures that a reasonable minimum allocation is made to poor municipalities.
The total MIG allocations grow to R11.4 billion, R13.9 billion and R14.7 billion over the 2011 MTEF. This represents real growth of 28 per cent during the period. Amounts of R493 million, R600 million and R633 million have been removed from the MIG baseline and added to the previous MIG cities baseline to create the urban settlements development grant. Table W1.21 shows the weighted share per sector and the respective amounts that flow through the vertical division of the MIG funds.
B Component 75.0% 75.0% 75.0% 75.
Water and sanitation 72.0% 72.0% 72.0% 72.
Electricity 0.0% 0.0% 0.0% 0.
Roads 23.0% 23.0% 23.0% 23.
Other 5.0% 5.0% 5.0% 5.
P Component 15.0% 15.0% 15.0% 15.
E Component 5.0% 5.0% 5.0% 5.
N Component 5.0% 5.0% 5.0% 5.
This is a new grant introduced in the 2011 division of revenue. It is allocated to metropolitan municipalities to supplement their capital budgets, enabling them to better leverage their resources todevelop sustainable human settlements. The grant funds the provision of basic municipal services to new housing projects and will allow municipalities to plan and budget for both services and the construction of housing as they attain authorisation for the human settlements function. The grant is created with funds previously allocated to these cities through the MIG cities grant and the internal infrastructure portion of the provincial human settlements development grant, as well as additional allocations of R2.1 billion over the MTEF. The total urban settlements development grant is allocated R6.2 billion in 2011/12, R7.4 billion in 2012/13 and R8.1 billion in 2013/14.
This grant is administered by the Department of Transport, and aims to provide passenger transport networks in cities, particularly public transport and non-motorised transport infrastructure. This includes the provision of bus rapid transit systems. The grant has an allocation of R4.8 billion in 2011/12, to R5 billion in 2012/13 and R5.6 billion in 2013/14.
This grant aims to improve rural transport infrastructure, and will fund the collection of accurate data on the condition of rural roads in 2011/12, in line with the Road Infrastructure Strategic Framework for South Africa. The grant will support rural district municipalities in establishing databases on the condition and usage of all the municipal roads in their area, so that the spending of infrastructure funds (from the MIG and elsewhere) can be properly planned. The grant has an allocation of R35 million in 2011/12, R37 million in 2012/13 and R39 million in 2013/14.
The grant supports the development of community infrastructure and aims to attract private-sector investment that improves the quality of life in townships. The grant is administered by National Treasury and is allocated R850 million in 2011/12, to R880 million in 2012/13 and R855 million in 2013/14 for both the technical assistance (indirect) and capital (direct) grant.
Government plans to spend R9.1 billion over the next three years on its national electrification programme, to sustain the progress made in supplying electricity to poor households. Of this amount, R3.5 billion will be spent by municipalities directly and R5.6 billion by Eskom on behalf of municipalities. This programme was instrumental in the connection of 80 per cent of all households in the country to the national electricity grid, as reported in the 2007 Community Survey.
The grant aims to improve energy efficiency demand-side management in residential dwellings and commercial buildings, reducing energy consumption. The grant has been allocated R399 million in 2011/12, and it is scheduled to end after the 2011/12 financial year. A review of the grant's performance will be conducted during 2011 and will inform any decision on whether to extend the life of the grant.
This grant aims to provide regional bulk water and sanitation across several municipal boundaries. In the case of sanitation, it supplements regional bulk collection and regional wastewater treatment works. The grant has an allocation of R1.7 billion in 2011/12, to R2.0 billion in 2012/13 and R2.2 billion in 2013/14.
A new conditional grant for disasters is introduced in the 2011 MTEF. This grant will be allocated to the National Disaster Management Centre in the Department of Cooperative Governance and Traditional Affairs as an unallocated grant to local government. A new schedule and clauses have been inserted into the Division of Revenue Act to create special provisions for this grant that enable the immediate disbursement of disaster response funds after a disaster is declared, without the need to gazette the transfers. Over the MTEF, R1.2 billion is available for disbursement through this grant.
R450 million is allocated in the 2011/12 financial year to provide assistance to the Nelson Mandela Metropolitan Municipality for drought relief.
The capacity-building grants aim to assist municipalities in building management, planning, technical, budgeting and financial management skills. The current MTEF expands the capacity-support programme to assist weaker or poorer municipalities, particularly with the implementation of financial management reforms. Total allocations for capacity-building grants amount to R2 billion in 2011/12, R1.8 billion in 2012/13 and R2 billion in 2013/14.
The financial management grant under the National Treasury vote, funds the modernisation of financial management, including building in-house municipal capacity to implement multi-year budgeting, linking integrated development plans to budgets, producing quality and timely in-year and annual reports, and generally supporting municipalities in the implementation of the MFMA. Total allocations for the financial management grant amount to R1.4 billion over the three year cycle.
This grant encourages municipalities to hire more people in public works projects. The grant is allocated R680 million in 2011/12, to R666 million in 2012/13 and R779 million in 2013/14.
The water services operating subsidy is a grant with schedule 6 (direct) and schedule 7 (in-kind) components used to fund water schemes. The grant covers staff-related costs and direct operating and maintenance costs, while provision is also made for the refurbishment of infrastructure. The allocation per municipality is based on the operational budget for each scheme and the funding requirements identified and agreed on in the transfer agreement. These schemes were administered by the Department of Water Affairs prior to 1994 and are now being transferred to municipalities. At the end of 2009/10, 59 agreements had been signed, 4 903 staff transferred and 1 643 schemes (including rudimentary schemes) with a total asset value of about R6.4 billion transferred to municipalities. In the 2011 MTEF, R1.5 billion is allocated for the water services operating grant (direct and indirect transfers), to enable the transfer of staff to water schemes. It is a transitional grant and is expected to be phased out over time.
The new formula for the health component of the provincial equitable share formula is one of the first steps towards the introduction of national health insurance. The health formula will be improved as more information on the provincial consumption of health services becomes available. These improvements will complement the implementation of the national health insurance system.
Local government is South Africa's youngest sphere of democratic government, the system of wall-towall, democratically elected local municipalities is only just over a decade old. This is an appropriate time to evaluate the fiscal framework's performance in supporting local government. Government has already achieved significant success in creating a system of intergovernmental transfers that is stable, predictable and transparent. Building on this foundation in the second decade of democratic local government, the fiscal framework can do more to promote the efficient and equitable delivery of services. Towards this end, an extensive review process will be undertaken in 2011 that may lead to significant changes in the future shape of the local government fiscal framework.
Although municipalities have made significant strides in building their institutions and delivering services, they have failed to achieve their full potential, and finances are a contributing factor. Government will review the fiscal system and identify reforms to create the right incentives for more effective local government in the future.
For reforms to be successful, a differentiated approach to local government needs to be adopted and conditional grants (separate grants for rural and urban municipalities) are likely to play a major role in future. National Treasury will conduct a full review of the equitable share formula during 2011/12, with the aim of introducing a new formula in time for the release of the Census 2011 data. The formula review will include an examination of municipal services and their costs, different municipal functions, and how the data used in the formula could be updated between censuses. The changes that follow the review processes in 2011 have the potential to substantially alter the nature and effectiveness of the local government fiscal framework.
The Municipal Property Rates Act regulates the power of municipalities to impose rates on properties in accordance with section 229(1)(a) of the Constitution. Income derived from municipal property rates is an important own revenue source.
The original four-year transitional period given to municipalities to implement the Municipal Property Rates Act (up to 1 July 2009) was extended by two years (up to 1 July 2011) through a legislative amendment to the act in 2009 to allow those municipalities that had failed to implement new valuation rolls to continue to use existing valuation rolls and supplementary valuation rolls until 30 June 2011. There are eight municipalities that are expected to implement valuation rolls in terms of the act for the first time on 1 July 2011.
The Department of Cooperative Governance and Traditional Affairs intends to introduce further amendments to the act in 2011/12 to improve its implementation and minimise legal ambiguities. In addition, a number of the proposed amendments make provision that property rating by municipalities is undertaken in the national interest.
The Municipal Fiscal Powers and Functions Act (MFPFA) of 2007 provides for the authorisation of taxes, levies and duties that municipalities may impose under section 229 of the Constitution. The MFPFA does not deal with property rates or municipal tariff charges and fees.
In terms of section 12 of the act, a municipality had to apply to the Minister of Finance by 9 September 2009 for the authorisation of an existing tax. All municipalities submitted applications to the Minister of Finance by the deadline stipulated. These applications were analysed and municipalities, SALGA, FFC and appropriate national departments were advised of the preliminary rulings by the Minister of Finance. Out of 155 applications received from 55 municipalities, only 19 in 17 municipalities potentially complied with the criteria of a municipal tax. The affected municipalities gave extensive feedback, and this will result in some adjustments to the preliminary determinations. To conclude this process, draft regulations need to be published for public comment and submitted to Parliament. Based on feedback received from these processes, the Minister of Finance will gazette the final determinations.
Section 5 of the MFPFA requires that a municipality, group of municipalities or organised local government apply to the Minister of Finance for the authorisation of a municipal tax, levy or duty, other than property rates, before imposing such a tax. An application for a municipal tax must set out the reasons for the proposed tax and how the revenue from the tax will be used. An application for a new municipal tax is more likely to succeed if it is proven that the municipality's own revenue is insufficient to meet service delivery needs.
To date, National Treasury has received one application that complies with the requirements stipulated in section 5 of the MFPFA. The application is for the introduction of a rural-based development levy in areas where the municipality faces difficulties in implementing valuation rolls. Similar applications were identified during the verification process of taxes that existed prior to the act. Authorisation of this tax needs to be informed by the criteria of good municipal tax, and whether it can run alongside the property rates system and be applicable to other municipalities.
In terms of section 8 of the MFPFA, the Minister of Finance may prescribe compulsory national norms and standards for imposing municipal surcharges, including maximum municipal surcharges that may be imposed by municipalities. Surcharges currently form part of a tariff (when regulations are introduced in terms of section 8 of the act, these will be split). Due to the interrelationship between tariffs and surcharges, it is important that National Treasury's regulatory processes regarding surcharges be aligned to the regulatory processes of sector departments regarding municipal tariffs. The National Electricity Regulator of South Africa is currently in the process of introducing an economic regulation framework in metropolitan municipalities, which will be subsequently rolled out in other smaller municipalities. The regulation of municipal tariff practices regarding water and waste are moving at a much slower pace, therefore the introduction of norms and standards for municipal surcharges will only be over the medium to long term.
The sharing of the general fuel levy with metropolitan municipalities was introduced in the 2009 Budget as the primary replacement to the former RSC and JSB levies, in addition to the VAT reforms introduced in 2006. The sharing of the general fuel levy is a direct charge and is formalised annually through a government gazette under schedule 1 of the 2009 Taxation Laws Amendment Act.
To facilitate the smooth transition from the RSC levy replacement grant system to the sharing of the general fuel levy system, implementation has been phased-in over three years. In 2011/12, metropolitan municipalities receive 25 per cent of the former RSC levy replacement grant and 75 per cent of the sharing of the general fuel levy. Allocations in 2012/13 will be based on fuel sales only. The 2011/12 allocations will include two additional metropolitan municipalities that will be introduced after the 2011 local government elections. The fuel levy data has also been updated for those existing metropolitan municipalities whose boundaries change after the 2011 local government elections.
This annexure provides a brief description of the framework for the grants set out in Schedules 4, 5, 7, 8 and 9 of the 2011 Division of Revenue Bill.
The attached frameworks are not part of the Division of Revenue Bill, but are published in order to provide more information on each grant to parliament, legislatures, municipal councils, officials in all three spheres of government and the public. Once the 2011 Division of Revenue Bill is enacted, these frameworks will be gazetted in terms of the Act.
The financial statements and annual reports for 2011/12 will report against the Division of Revenue Act, Division of Revenue Amendment Act and their schedules, and the grant frameworks as gazetted in terms of the Act. Such reports must cover both financial and nonfinancial performance, focusing on the outputs achieved.
Past performance 2009/10 audited financial outcomes x Allocated and transferred R50 million to provinces x Of the total available R70.9 million (including roll overs), R66.9 million (94.
Past performance 2009/10 audited financial outcomes x Allocated and transferred R51 million to provinces x Of the total available of R54 million to provinces (including provincial rollovers), expenditure was R52 million (96.
Conditions x The provincial business plans must be developed in accordance with identified priority areas x This funding must not be used as a replacement funding for provinces x Provinces may use a maximum of 5 per cent of the total amount allocated to them for capacity building and provincial management of the grant.
Past performance 2009/10 audited financial outcomes x Allocated and transferred R441 million to provinces x Of the total available R471 million (including provincial rollovers), R418 million (88.
Conditions x x x x Provinces may only procure through suppliers identified by the Department of Basic Education (DBE). Provinces must submit procurement plans for materials purchased for Dinaledi Schools to the DBE by 6 May 2011 for approval.
Conditions x Provincial Education Departments (PEDs) must submit tabled User Asset Management Plans (U-AMPs), (formerly Infrastructure Plans) with prioritised project lists that are signed-off for the 2011 MTEF by 8 April 2011 to the national Department of Basic Education (DBE) and the relevant Provincial Treasuries. This deliverable is required for the transfer of the first instalment of the grant x The flow of the second instalment depends on the receipt by DBE of fourth quarter infrastructure reports for the 2010/11 financial year and final list of projects captured on the IRM by 21 April 2011. These reports must be submitted to the relevant Provincial Treasury x The flow of the third instalment is dependent upon receipt by DBE of the draft 2012/13 U-AMPs including the initial list of prioritised projects as captured in the Infrastructure Programme Management Plan (IPMP). The 2012/13 project list must be drawn from the prioritised project list for the MTEF tabled in 2011/12. Changes to the MTEF prioritised list of projects must be motivated to the DBE x The flow of the third, fourth and fifth instalments are conditional upon submission and approval of signed-off quarterly infrastructure reports and education project assessments forms x Quarterly reports on the implementation of infrastructure projects via the Infrastructure Reporting Model (IRM) are required in addition to monthly In-Year Monitoring expenditure reports. Client departments must enter into service delivery agreements (SDAs) with their Implementing Agents. The development or review of the SDA should continue in parallel with the development of the IPMP x Provincial Education Capacity plans must be approved by the DBE x All immovable asset management and maintenance responsibilities as prescribed by the Government Immovable Asset Management Act of 2007 (GIAMA) and the Infrastructure Delivery Management Toolkit must be adhered to x PEDs must provide School Governing Bodies with maintenance guidelines to conduct minor maintenance x Major maintenance function must be budgeted and planned for at the provincial level and carried out through the district department.
2012/13 business plans DBE by 12 August 2011, or a later date as may be determined by DBE x Submission of IPMPs for 2012/13 by Client Departments to Implementing Agents by 2 September 2011 x Implementing Department(s) or Agent(s) must submit the Infrastructure Programme Implementation Plans (IPIP) for 2012/13 to Client departments by 30 November 2011.
Conditions x As agreed to at the interprovincial meeting of the National Department of Basic Education and Provincial Education Departments on 3 and 4 December 2010, provinces must distribute the grant allocation in accordance with the following weights for the key performance areas.
HIV and Aids (Life Skills Education) Grant x The above percentages are guidelines and may only be deviated from if a deviation is motivated to and approved by the national accounting officer.
Reason not incorporated in equitable share x To enable the DBE to provide overall guidance, to ensure congruency, coherence and alignment with the government's HIV and Aids and STI National Strategic Plan 20072011.
Past performance 2009/10 audited financial outcomes x From the total allocation of R183 million (including roll-overs), provinces spent R169 million (91.
Outcome statements Outputs Priority outcome(s) of government that this grant primarily contributes to Details contained in the business plan Conditions x Enhanced learning capacity and improved access to education x Nutritious meals served to learners x Outcome 1: Improved quality of basic education x Outcome indicators x Output indicators x Inputs x Key activities x Risk Management Plan x Develop national and provincial business plans x A minimum of 95 per cent of the grant must be used for school feeding at both secondary and primary schools. A maximum of 5 per cent of the grant may be used for administration and other activities x Provinces must adhere to the following minimum feeding requirements:  provide nutritious meals to all learners in quintile 1 to 3 primary and secondary schools (as per gazetted national quintiles) as well as identified special schools on all school days  cost per meal per learner in primary schools as well as identified special schools at an average of R2.46 and in secondary schools at an average R3.36, inclusive of cooking fuel and honorarium  a minimum honorarium of R640 per person per month, in line with a food handler to learner ratio of 1:200. A ratio of 1:120 is recommended for schools where learner enrolment is 250 or fewer  comply with recommended food specifications and approved menu  fresh fruit/vegetables must be served daily and vary between green and yellow/red on a weekly basis  a variety of protein food must be served per week in line with approved menu options. Soya should not be served more than twice a week  pilchards should be served at least once a week. High quality protein products can replace pilchard in areas where it is not socially acceptable. In areas where fresh milk/maas is unavailable, only whole powdered milk may be used  meals should be served to learners by 10h00 x The 10 May 2011 budget transfer (as per payment schedule) is for cooking facilities, equipment and utensils for quintile 1-3 primary schools as per equipment specifications provided by the Department x Provinces must promote sustainable food production and nutrition education x Provincial business plans will be approved in line with the above minimum requirements and available resources.
Reason not incorporated in x The National School Nutrition Programme (NSNP) is a government programme for poverty equitable share alleviation, specifically initiated to uphold the rights of children to basic food and education.
Projected life x Given the need for the grant and negative impact of factors associated with poor nutrition has on education, the grant will be necessary for a number of years.
Conditions x Three year provincial recapitalisation plans for technical schools must be submitted to and approved by the Department of Basic Education (DBE) x Technical schools should develop detailed yearly (operational) business plans that must demonstrate how the approved funding would be spent x Deviations of between 2 per cent and 5 per cent from category allocations in business plans must be authorised by the Director-General: Basic Education x Should the entire recapitalisation process not be completed within the stipulated timeframe, an additional six (6) months will be added to complete the project. If the funds are not completely utilized, it will be redirected to other schools within the same province x Recapitalisation business plans assessed against: &#16; contribution of technical schools to provincial growth plans &#16; record of student enrolment and growth &#16; access, equity and redress &#16; poverty index: rural and urban mix x Recapitalisation funds to be managed at provincial level unless in the event where provinces have proven to the Department of Basic Education that the schools have the capacity, systems and controls to receive the funds directly for procurement and payment purposes x Procurement processes to be managed at provincial level unless in the event where provinces have proven to the Department of Basic Education that the schools have the capacity, systems and controls to manage the procurement processes on their own. In this case, payments will still be effected by the province x Procurement of technical subjects equipment, tools and machinery to comply with the Department's minimum specifications for technology subjects requirements.
Responsibilities of the Responsibilities of the national department transferring national officer x DBE will convene and chair meetings of the NSC during which projects assessed for funding and receiving officer through this grant and those that will be supplemented by the Education Infrastructure Grant to Provinces will be approved to ensure that the funding from the grants is directed to projects that are aligned with respective grant objectives x The DBE must agree in writing with the provinces on projects that the DBE will administer on behalf of the province x Develop a Sector Procurement Strategy and procurement strategy for this grant in terms of the practice guide prescribed by the Infrastructure Delivery Management Toolkit.
Process for approval of 2012/13 business plans x Consolidate and submit quarterly reports to National Treasury and National Council of Provinces (NCOP) within 45 days after the end of each quarter x Conduct site visits to selected projects on a monthly basis to assess performance x Create the necessary organisational structures and build capacity within the department to oversee and monitor the implementation of the grant x In consultation with National Treasury convene the NSC that will approve Project Implementation Plans.
Conditions x x x The following priority areas must be supported through the grant: 1. ART related interventions; 2. Home Community Based Care (HCBC); 3. Condom distribution and related interventions; 4. PMTCT; 5. Programme Management Strengthening (PM); 6. Regional Training and Quality Assurance Centres (RTC); 7. TB/HIV and SDC; 8 HCT; 9. MMC Provinces must submit monthly financial reports (IYM) and the monthly break-down report per sub-programme to the National Department of Health by the 15th of the following month using standard formats as determined by the national department.
Past performance 2009/10 audited financial performance x Allocated and transferred R4 376 million to provinces x Of the total available R4 378 million (including provincial roll overs), R4 310 million (98.
Responsibilities of the provincial departments x Quarterly performance output reports to be submitted within 30 days following the reporting period using standard formats as determined by the national department.
x To ensure provision of impartial professional forensic evidence for the criminal justice system concerning death due to unnatural causes x To continue the development and provision of adequate forensic pathology services in all provinces x Comprehensive Forensic Pathology Service (FPS) in all provinces x New forensic pathology facilities built, refurbished and equipped x Human resource organograms filled with qualified personnel x Operational standards for mortuaries published and implemented x Outcome 2: A long and healthy life for all South Africans x Outcome indicators x Output indicators x Inputs x Key activities x Grant administration should be coordinated and monitored by the Programme Manager in consultation with provincial Grant Managers x Provincial Health Departments should ensure a complete ring-fencing of the grant to facilitate an expeditious procurement of goods and services and filling of vacant posts.
x Provincial Health Departments should provide copies of a Business Case for every mortuary under construction x The Chief Financial Officer/Delegate and Public Works delegate/s need to be present at all provincial visit meetings x In accordance with the National Project Plan, as modified for demarcation and inflation x The grant funds the transfer of the service from the South African Police Services to the national Department of Health (DoH) to establish an integrated Forensic Pathology Service.
&#16; immovable assets requirements &#16; acquisition plan &#16; refurbishment plan &#16; repairs and maintenance business plan x Provincial Departments of Health must submit tabled U-AMPs (formerly Infrastructure Plans) with prioritised project lists that are signed-off by HOD for the 2011 MTEF by 14 April 2011 to the national Department of Health (DoH). Tabled U-AMPs must include the projects listed in the approved Infrastructure Programme Implementation Plans (IPIPs) for 2011/12 and sector procurement strategy as per guideline in the Infrastructure Delivery Management System (IDMS) Toolkit. The flow of the first instalment of this grant is dependent upon receipt by the DoH of this project list and satisfaction that the list meets required detailed and alignment with infrastructure planning information submitted in 2010/11 or earlier. These plans must also be submitted to the relevant provincial treasury x The flow of the third quarter transfers is dependent upon receipt by DoH of the draft 2012/13 U-AMPs including the initial list of prioritised projects as captured in the Infrastructure Programme Management Plan (IPMP).
x Provinces must adhere to the Infrastructure Alignment Model in terms of programme implementation and in year reporting. Quarterly performance reports must be submitted to the National Council of Provinces within 45 days after the end of each quarter x The provinces must put in place a Provincial Progress Review Committee as approved by the National Health Council for monitoring and oversight for both the Health Infrastructure Grant and the Hospital Revitalisation Grant x Provinces must submit a list of projects in the required format to DoH within 14 days after the 2011 Division of Revenue Act comes into effect. Provinces must also submit quarterly performance reports, drawn from their infrastructure reporting model to the National Council of Provinces within 45 days after the end of each quarter.
Reason not incorporated in equitable share 2009/10 audited financial outcomes Past performance x Allocated and transferred R1 760 million to provinces.
Process for approval of 2012/13 format by end of February 2012.
&#16; key activities business plan x Provinces must implement projects in line with the Project Implementation Plans, as guided by the Project Implementation Manual (PIM) for 2011/12 that has been be approved by the national Department of Health (DoH) for the 2011/12 financial year x With the exception of funding for costs incurred for planning, all projects commencing construction in 2011/12 must have business cases and Initial Project Implementation Plans (IPIPs) approved before funds can be released for such projects x All the new projects should follow Peer Review stages as per prescribed in Reporting Format incorporated in the Project Implementation Manual (PIM) 2011/12 x Provinces must submit draft 2012/13 U-AMPs including the initial list of prioritised projects as captured in the Infrastructure Programme Management Plan (IPMP) to DoH by 30 September 2011. The monthly instalment following this deadline is dependent on receipt of this information x Monthly reports for all projects funded in 2011/12 financial year in this grant must be submitted through the prescribed comprehensive reporting as prescribed by 2011/12 PIM and Infrastructure Reporting Model (IRM).
Reason not incorporated x This grant funds large projects requiring substantial capital investment.
&#16; referral responsibilities x Completion of SLA and business plan in the prescribed format signed by each provincial department or receiving officer, and the transferring officer by 28 February 2011 x The grant must contribute a maximum of 85 per cent of each tertiary hospital/complex budget x Provinces must gazette allocations to individual hospitals/complexes as per SLA and be hospital/complex specific x Institutions receiving the grant must report on expenditure and patient activity monthly to the provincial department x Provinces must maintain a separate budget for each of the 26 hospitals/complexes x Province must communicate in writing to each benefiting hospital/complex the allocation made, with the agreed upon service specifications which must be rendered. For monitoring purposes this information must be supplied to the DoH by 29 April 2011 x Distribution of cost of designated tertiary services as determined by the ongoing reviews of patient activity x Approved plans for the modernisation of tertiary services x There are significant cross boundary flows and spill effects associated with tertiary services that are not affected by provincial boundaries due to their specialised nature.
&#16; Provincial tertiary services performance was measured against the Service Level Agreements and the total patient activity rendered is as follows: &#16; 551 436 inpatient separations &#16; 3 087 857 inpatient days &#16; 2 216 183 day patient separations &#16; 868 614 outpatient first visits &#16; 1 555 207 outpatient follow up visits x Support for tertiary services will continue because of the cross boundary flows and spill over effects.
plan x The funding of each of the following outputs will depend on the priority set for each college within available funding x The national enrolment plan linked to funding norms will be used as a guideline for allocating the grant to each college. Any upward deviation from these enrolments must be funded by the college or entity causing such deviation x On receipt of a conditional grant transfer for a college, the PEDs must transfer the relevant portion of the funds to the respective colleges within 14 days of receipt thereof.
New grant x The projected life will be determined by the legislative process that needs to take place to give effect to the shifting of the FET College function to the Department of Higher Education and Training.
Grant purpose Outcome statements Outputs Details contained in the business plan Priority outcome(s) of government that this grant primarily contributes to Conditions x x x x x x x x x x x x x x x x x x x x x x x To provide funding for the creation of sustainable human settlements The facilitation and provision of basic infrastructure, top structures and basic social and economic amenities that contribute to the creation of sustainable human settlements Financial interventions and measures that improve access to human settlement development and the property market Number of informal settlement households upgraded Number of social and rental housing units developed Hectares of well located land and property acquired and developed Number of Rural Housing units developed Number of serviced sites developed and provided Outcome indicators Outputs Key Activities Monitoring and Reporting Outcome 8: Sustainable human settlements and improved quality of household life Funds for this grant will only be released upon: &#16; receipt of signed off provincial business plans supported by a project list per housing programme that indicate the readiness of projects for implementation, including cash flow projections report and compliance certificates &#16; provision of allocations to municipalities receiving the Urban Settlements Development Grant for publishing in a government gazette as required by section 10(8) of the 2011 Division of Revenue Act Transfers to provinces will be contingent on their performance as assessed in reports submitted through the Housing Subsidy System (HSS) for project and programme administration Provinces may, if a proven need exists, utilise up to 5 per cent of the provincial allocation for the Operational Capital Budget Programme (OPSCAP) to support the implementation of the approved national provincial housing and accredited municipal programmes and priorities The Minister for Human Settlements may identify and approve a project as a priority project upon pronouncement by the State President, Cabinet, the Minister and/or Human Settlements MinMec A national priority project will satisfy one or more of the following conditions: &#16; the project promotes a national development interest including poverty eradication, sustainable development and/or dignity of communities and citizens &#16; the project promotes the targets and outputs contained in Outcome 8 &#16; the project promotes good practices in human settlement development &#16; the approval of the project will result in the alleviation of an emergency and/or a life threatening situation To expedite the completion of the high impact projects the provincial departments of human settlements must allocate the stipulated amounts from the provincial grant allocation per project as indicated below: &#16; Gauteng; Khutsong Resettlement project: R105 million &#16; Gauteng; Doornkop: R200 million &#16; Gauteng; Diepsloot: R100 million &#16; Eastern Cape; Duncan Village: R120 million &#16; Gauteng; Sweet Waters: R50 million &#16; KwaZulu-Natal; Cornubia: R132 million &#16; Limpopo; Lephalale: R318.8 million &#16; Western Cape; Drommedaris: R68.
Past performance 2009/10 audited financial outcomes x Allocated and transferred R12 442 million to provinces x Of the total available of R12 442 million, R12 250 million (98.
Past performance 2009/10 audited financial outcomes x Allocated and transferred R1 350 million to provinces x Of the total available R1 486 million (including provincial roll overs), R1 214 million (81.
Requirements in the EPWP Incentive Manual x Once received by the eligible provincial department, the incentive grant must be used for continuing or expanding job creation programmes.
Conditions x To be eligible for an incentive allocation in 2011/12, a provincial department must have: &#16; reported EPWP performance by 22 April 2010 &#16; met the threshold FTEs to qualify x A nominal allocation of R680 000 is provided when: &#16; public bodies report after 22 April 2010 but before 22 October 2010 &#16; public bodies do not meet the minimum threshold x The nominal allocation can be accessed if public bodies meet their threshold in-year x Incentive allocations are based on a targeted number of FTEs each provincial department should create above the set minimum threshold.
Allocation criteria x This grant is intended to incentivise and reward performance on the EPWP.
Allocation criteria x To be eligible for an incentive allocation in 2011/12, a provincial department must have: -reported EPWP performance by 22 April 2010 for an incentive allocation to be calculated based on 2009/10 performance -must have met at least 35 per cent of their Full Time Equivalent (FTE) target for the 2009/10 financial year x Each provincial department's performance is assessed against a set of EPWP performance indicators to determine the size of the incentive allocations for those years.
Conditions x Provincial departments responsible for sport are required to enter into formal agreement with Sport and Recreation South Africa (SRSA) after approval of business plans prior to the start of the financial year x Provinces must appoint permanent staff on their establishments for the programme in consultation with the national department.
Reason not incorporated x A conditional grant is necessary to ensure national coordination, monitoring and facilitation in equitable share Past performance 2009/10 audited financial outcomes x Allocated and transferred R402 million x Of the total available R412 million (including provincial roll overs), R382 million (92.
Reason not incorporated in equitable share Past performance x The conditional grant is made for a specific, large public transport infrastructure project being undertaken by the Gauteng Province, as endorsed by Cabinet. The total cost of the project is unaffordable to the Province within the limits of its equitable share.
Projected life MTEF allocations Payment schedule Responsibilities of the transferring national officer and receiving officer x The grant comes to an end in 2011/12 x 2011/12: R5.
Responsibilities of the provincial departments x The Gautrain Management Agency (GMA) on behalf of the Gauteng Provincial Government manages the Public-Private Partnership (PPP) Agreement and reports on progress and expenditure to DoT in accordance with the above-mentioned conditions. x In line with the DoRA and the PFMA requirements, the Gauteng Province will submit reports to the DoT at the end of each quarter, detailing: &#16; interim payments and the final payment made to the Concessionaire according to the General and Key Milestone payment schedules in that quarter.
Outputs Priority outcome(s) of government that this grant primarily contributes to Details contained in the business plan Conditions x x x x x x x x x x x x x x x x x x x x Collected traffic volumes data and pavement condition data Updated road asset management systems Squared kilometres of of preventative, routine and emergency maintenance work Percentage of roads for which condition of roads changed from poor and very poor to at least fair Weighbridges Percentage of roads in good or very good condition maintained in that condition Number of EPWP jobs created Number of S3 students provided with experiential internships Number of emerging contractor opportunities created Outcome 6: An efficient, competitive and responsive economic infrastructure network This grant uses a Road Asset Management Plan, which contains the following details: -levels of service -network condition and traffic volumes -project lists for 2011/12 to 2013/14 -financial summary -organisational and support plan Provincial departments must submit quarterly infrastructure reports to the national Department of Transport (DoT) that comply with the infrastructure reporting model and toolkit Final list of projects must be captured on the Infrastructure Reporting Model and submitted to the relevant Provincial Treasury and Department of Transport by the 21 April 2011 A detailed Asset Management Plan, that is compliant with the requirements of the Government Immovable Assets Management Act (2007) and based on the Road Asset Management System must be submitted by 31 August 2011 to DoT and National Treasury by 30 November 2011 All immovable asset management and maintenance responsibilities as prescribed by the Government Immovable Asset Management Act, 2007 (GIAMA), and the Infrastructure Delivery Management Toolkit must be adhered to The payment of the second instalment of this grant is dependent on receipt by DoT of the quarterly performance reports for the fourth quarter of 2010/11. The third instalment is dependent on receipt by DoT of the first quarter report for 2011/12 and the final instalment is dependent on receipt of the second quarterly performance reporting for 2011/12 Expenditure of this grant must be in accordance with maintenance requirements as identified by a road asset management system, set within the relevant budget limit, to improve conditions of the roads and extend the lifespan of road infrastructure Allocations for 2013/14 will be conditional on updated systems and data. Data on roads and bridges needs to be updated every two and five years respectively Projects for which tendered contracts have been entered into or funding committed before 31 March 2011 will be exempted from the conditions above apart from the quarterly reporting requirements on the infrastructure reporting model Mpumalanga and Gauteng provinces must allocate the following amounts to coal haulage projects: -Mpumalanga: R511 million in 2011/12, R659 million in 2012/13 and R808 million in 2013/14 -Gauteng: R74 million in 2011/12, R4.4 million in 2012/13 and R0.
Allocation criteria x x x x Criteria will include performance in relation to key performance indicators as agreed to between DoT and the provinces Allocations are retained at 45 per cent of the Infrastructure Grant to Provinces in relation of proportional allocations shown in the 2010 Division of Revenue Act for 2011/12 and 2012/13 Allocation criteria from 2013/14 onwards will be based on the extent of the provincial road network, the traffic volumes, the visual condition indices on the network and geo-climatic and topographic factors.
Conditions x The conditional grant is the national contribution to subsidised service contracts entered into by the provincial departments of transport and public transport operators for the provision of affordable subsidised services x All contracts concluded must be done as per relevant legislation and in compliance with the Public Transport Strategy x Designs and operators' business plans detailing subsidised services will have to be approved by the Public Transport Integration Committee comprising of the three spheres of Government to ensure alignment with Integrated Public Transport Networks (IPTNs). Where an Intermodal Planning Committee is established at municipal level, in terms of the National Land Transport Act no. 5 of 2009, the functions of the two committees must be consolidated to ensure integration of planning, services and modes x Supervision, monitoring and or verification must be done to certify the correctness of the operator's claim in terms of km of services provided and report to Department of Transport (DoT) monthly x If the operating licence function is transferred to any municipality before the 2011/12 adjusted budget, the appropriate portion of the grant will also be devolved to the municipality. This devolvement must include all services in that city at once. To have the money devolved in the adjusted budget the municipality will have to have received the function by 1 September 2011. Should the function be devolved later than that the money will only be shifted in 2012/13.
Past performance 2009/10 audited financial outcomes x Allocated and transferred R3 532 million to provinces x Of the total available of R3 532 million (including provincial rollovers), R3 523 million (99.
This annexure provides a brief description for each grant in Schedules 4, 6, 7, 8 and 9 of the 2011 Division of Revenue Bill.
Conditions x Funds from this grant can only be used to fund the items as described in the NDMC guideline and will only be released on request of a provincial government through the Provincial Disaster Management Structure x Funds can only be released after a disaster has been declared in terms of the Disaster Management Act x Municipalities must fund a portion of the costs of the disaster response from their own budget or prove that they are not able to do so.
Outputs Priority outcome(s) of government that this grant primarily contributes to Details contained in the business plan x x x x x x x x x x x x x x x Number of additional poor households receiving basic water and sanitation services per annum Number of additional kilometres of municipal roads developed Number of additional sport and recreation facilities servicing poor communities developed Number of work opportunities created using Expanded Public Works Programme (EPWP) guidelines for above outputs Outcome 9: A responsive, accountable, effective and efficient local government system Project description (specific details, e.g. number of kilometres of roads to be constructed) Project funding (Municipal Infrastructure Grant (MIG) funding, private as well as municipal own funding) Project category (B-Component, P-component, E-component or N-component) in terms of MIG allocation formula Population benefiting from the project (the grant is biased to rural poor households) Project location (this includes GPS coordinates of the project) Operation and maintenance budget projections Employment generation of the projects Specific indicators (depending on level of service to be provided, e.g.
Conditions x x x x x x x x x Prioritise basic residential infrastructure for water, sanitation, refuse removal, streets lighting, solid waste, connector and internal bulk infrastructure, and other municipal infrastructure like roads, sport and recreation and community facilities in line with the MIG policy framework (2004) and/or other government sector policies existed before the amalgamation of various grants into MIG Funds can be used for new or upgrading basic bulk and connector component of residential infrastructure as a result of the formalisation of settlements subject to compliance with sector policy and compliance on condition that backlogs as at 2001 has been addressed Compliance with Chapter 5 of the Municipal Systems Act (2000).
Allocation criteria x x x Part 5 of Annexure W1 spells out the MIG formula in detail.
Past performance Projected life MTEF allocations Payment schedule Responsibilities of the transferring national officer and receiving officer 2009/10 audited financial outcome x Allocated R11 077 million to municipalities with R9 019 million (78.
2009/10 service delivery performance x Cumulative households benefiting from MIG by end June 2010: water 1 232 643, sanitation 703 121, storm water 166 151, solid waste 312 424, street/community lighting 391 164 x 21 990.51km of roads developed x A cumulative total of 3 934 SMMEs and 2 436 BEE companies were utilised in the implementation of MIG projects x The programme will continue up to 2013 subject to review x 2011/12: R11 444 million, 2012/13: R13 914 million and 2013/14: R14 679 million x Transfers are made in accordance with a payment schedule approved by the National Treasury Responsibilities of national departments x Submit a report within 20 days after the end of each month to National Treasury and other national departments that have responsibilities relating to the grant.
Responsibilities of municipalities x The receiving officer of MIG must, by 2 August 2011, submit all the project registrations forms for the projects to be implemented in 2011/12 to the provincial department responsible for local government x Municipalities must submit to the national department by 28 October 2011, detailed project implementation plans for all the projects to be implemented in the 2012/13 financial year.
Past performance 2009/10 audited financial outcomes x Allocated R200 million to municipalities with R186 million (94.
Conditions x Eligible municipalities must sign a standard incentive agreement with the national Department of Public Works (DPW) x Municipalities must report on all projects for which they are claiming the incentive via national DPW's EPWP reporting systems x Reports must be loaded on the EPWP reporting systems within 22 days after the end of every quarter in order for performance to be assessed for an incentive payment 45 days after the end of each quarter x Municipalities must maintain beneficiary and payroll records as specified in the audit requirements in the EPWP Incentive Manual x Once received by the eligible municipality, the incentive grant must be used for continuing or expanding job creation programmes. Municipalities may use a maximum of 5 per cent of the grant to fund on-site management capacity that is contract-based and required to manage data capturing and on-site management costs related to the use of labour intensive methods.
Allocation criteria x Incentive allocations for each municipality are based on the targeted number of FTEs each municipality must create above the set minimum threshold.
Process for approval of 2012 MTEF allocations x Municipalities must report performance on EPWP projects for the 2010/11 financial year by 21 April 2011.
Local Government Financial Management Grant Allocation criteria x Funds allocated to municipalities to assist in the implementation of financial management reforms, attendance at accredited training and capacity building programmes on financial management x Additional support to selected municipalities in the employment of an appropriately skilled, experienced and suitably qualified chief financial officer x Funds allocated to selected municipalities to improve asset management through the employment of technical interns on water and electricity amounting to R50 million in 2011/12, R75 million in 2012/13 and R100 million in 2013/14 x To address special requests linked to financial reforms as pilot initiatives for wider application to all municipalities x Render support to national and provincial departments for administration of the programme, not exceeding 2.
Reason not incorporated in and energy to lend assistance for the implementation of the MFMA and regulations equitable share 2009/10 audited financial outcomes Past performance x Allocated and transferred R300 million to 283 municipalities of which R256 million (85.
Asset Transfer Regulations x 220 MFMA implementation plans submitted x Effectiveness and efficiency of the BTOs in 283 municipalities assessed and feedback provided to 17 large municipalities, while consolidated data on the 266 municipalities provided to provincial treasuries to strengthen their oversight role and provide the relevant feedback to their delegated municipalities x Support and guidance through the MFMA mailbox provided to municipalities on implementation and interpretation of the reforms x Training of municipal councillors on governance and oversight undertaken upon request x The programme is designed to support and implement the MFMA and associated reforms.
Allocation criteria x Allocations are made to 57 qualifying municipalities who demonstrated the need for township developments that catalyse commercial and social upliftment.
Past performance 2009/10 audited financial outcomes x R551 million allocated in Schedule 6 direct transfers to municipalities, R508 million transferred and R505 million (99.
Process for approval of 2012/13 business plans x NDPG business plans are typically approved on a multi-year basis.
Past performance 2009/10 audited financial outcomes x Allocated R175 million and R171 million was transferred to municipalities of which R86 million (50.
Conditions x Adhere to the labour intensive construction methods in terms of the Expanded Public Works Programme (EPWP) guidelines for activities such as trenching, planting of poles, etc x Register master plans for bulk infrastructure with INEP and abide by the directives of the department regarding the central planning and co-ordination for such bulk infrastructure.
Past performance 2009/10 audited financial outcome: x R932 million was allocated and R914 million was transferred to municipalities with R806 million (88.
Grant purpose x The grant is intended to provide specific capital funding for the eradication of rural water and sanitation backlogs and is targeted at existing households where bulk-dependent services are not viable.
Rx x x x x x x esponsibilities of Water Services Authorities (WSAs) Determine through municipal participatory structures the most appropriate technology per project area Municipality will be responsible for selection of the project areas that provide total coverage as per available funds (e.g. whole ward, village etc) The ownership of assets and schemes developed through the project will not necessarily reside with either of the parties to the service level agreement.
Process for approval of 2012 MTEF allocations x Based on current concentrations of backlogs in rural sanitation as a priority, the Department of Human Settlements must determine the municipalities and specific communities where funding will be spent. Similarly, in respect to the eradication of rural household water backlogs, allocations will be determined in consultation with the Department of Water Affairs.
Reason not incorporated in equitable share x This is a supplementary infrastructure grant with conditions, objectives and distribution criteria, (e.g.
Details contained in the business plans x The allocation of Public Transport Infrastructure and Systems (PTIS) funds must be aligned with the Integrated Transport Plan (ITP) and its IRPTN components as approved by the relevant municipal council x From the start of operations, IRPTN systems must recover all the direct operating costs of contracted operators from fare revenue, other local funding sources and, if applicable, from any Public Transport Operations Grant contributions. These direct operational costs include fuel, labour and vehicle maintenance. City-wide networks must ultimately also recover the capital costs of vehicles x If buses are bought with grant funds and are used by contracted operators, the municipality must retain ownership x Cities are required to establish specialist capacity to manage and monitor IRPTN system contracts and operations as well as to plan future expansions of the network. This capacity must be in place in advance of the first IRPTN operator commencing with service provision to the public x Up to R10 million in the 2011/12 financial year may be used to prepare for the public transport regulatory function (see Responsibilities of Municipalities).
Reason not incorporated in share allocations equitable share 2009/10 audited financial outcomes Past performance x Allocated and transferred R2 418 million to municipalities with R4 279 million (176.
2009/10 service delivery performance x 43 vehicles were delivered to the City of Cape Town and 24 vehicles to Nelson Mandela Bay municipality x The Phase 1a trunk service supported by complimentary and feeder services is operating in the City of Johannesburg. It is 25.5 km with 33 stations and carrying a peak of 34 000 passengers/day x City of Cape Town has constructed 17 km of West Coast route and 17 stations between the Civic Centre and Bayside. An 18.5 km Airport to Civic Centre trunk service is currently operating x Nelson Mandela Bay has constructed 8.45 km of bus way at an average cost of R34.6 million per kilometre x Other cities that have completed operational plans (Tshwane, Polokwane and Rustenburg) have spent most of the PTIS funds allocated up to June 2010 on infrastructure and services for the FIFA World Cup. Tshwane spent over R600 million on road and non-motorised transport infrastructure. eThekwini spent R332 million on strategic projects including R65 million on Warwick Junction, R30 million on electronic ticketing and R20 million on an inner-city distribution system.
Past performance 2009/10 audited financial outcomes x Allocated and transferred R9.8 million to Chris Hani District municipality and R7.1 million (72.
Past performance 2009/10 audited financial outcomes x Schedule 6 direct transfers to municipalities, allocated R871million and transferred R849 million to municipalities with R862 million (98.
2009/10 service delivery performance x 59 agreements signed, 4 903 staff transferred in total, 1 051 staff transferred during 2009/10. Total number of schemes transferred is 1 643 this includes 1 155 rudimentary schemes and 488 schemes with a total asset value of approximating R6.
National Total 34 107 901 37 573 396 39 960 288 34 107 901 37 573 396 39 960 288 65 590 428 71 768 388 76 657 988 65 883 055 71 693 388 76 557 988 1. Includes equitable share formula allocations, RSC levies replacement and special contribution towards Councillor remuneration, but excludes the sharing of the general fuel levy with metropolitan municipalities. See Appendix W1.
Note: The above components of the local government equitable share formula are neither indicative nor guidelines on how much should be spent on these functions.
School(Primary/secondary/specialised;admin block; water; electricity; sanitation/toilet; fencing, etc.) Units(i.e. number of classrooms or facilities orsquare meters) Date: Start Date: Finish 2011/12 2012/13 2013/14 1.
Hospital(Regional/district/central; clinic;community health centre;pharmaceutical depots; mortuary, etc.) Units(i.e. number of beds orfacilities) Date: Start Date: Finish 2011/12 2012/13 2013/14 1.
Surfaced; gravel (include earth and access roads); public transport;bridges; damage structures, etc. Units(i.e. number ofkilometres/squaremetres/facilities) Date: Start Date: Finish 2011/12 2012/13 2013/14 1.
<fn>GOV-ZA.3246461En.2012-02-10.en.txt</fn>
Whether the Human Resource Development Council has been able to deliver on its commitment to increase the number of skilled persons in order to meet the demand of current and emerging economic and social development priorities; if not, why not; if so, what are the relevant details CO44?
whether there are any special benefits for (a) South African companies which are or will be investing in BRIC countries and (b) companies from BRIC countries which are or will be investing in South Africa; if not, why not; if so, what are the relevant details CO47?
whether such steps have resulted in President Robert Mugabe and his party fulfilling their obligations; if not, what is the position in this regard; if so, what are the relevant details CO69?
whether the Government has engaged organised teacher's unions and school governing bodies when the decision was taken to expand HIV/Aids voluntary testing campaigns at schools; if not, why not; if so, (a) what was the general response in this regard, (b) what mechanisms will the Government put in place to ensure the confidentiality of the results and (c) what support mechanisms will be made available for learners who are HIV positive CO72?
Whether the Government has any plans in place to increase the number of seats in the Gauteng Provincial Legislature (details furnished) in order to address the challenges of representivity through (a) policy intervention and (b) possible amendments to the current legislative arrangements regarding this matter; if not, why not; if so, what are the relevant details CO74?
whether the Presidency regrets this as wasteful expenditure; if not, what is the position in this regard; if so, what are the relevant details CO79?
<fn>GOV-ZA.3249531En.2012-02-10.en.txt</fn>
To amend the South African Citizenship Act, 1995, so as to substitute, insert or delete certain deï¬nitions; to revise the provisions relating to acquisition of citizenship by birth, descent and naturalisation; to repeal or to substitute certain obsolete references; and to effect certain technical corrections; and to provide for matters connected therewith.
Substitution of Chapter 1 of Act 88 of 1995 1.
'customary union' means the association of a man and a woman in a conjugal relationship according to indigenous law and custom, where neither the man nor the woman is party to a subsisting marriage, which is recognised by the Minister in terms of section 1(4) of this Act; (v) 15 'Children's Act' means the Children's Act, 2005 (Act No.
the former Republic of Transkei as referred to in the Status of Transkei Act, 1976 (Act No.
die Huwelikswet, 1961 (Wet No. 25 van 1961); of 25 the former Republic of Bophuthatswana as referred to in the Status of Bophuthatswana Act, 1977 (Act No.
the former Republic of Venda as referred to in the Status of Venda Act, 1979 (Act No. 107 of 1979); and the former Republic of Ciskei as referred to in the Status of Ciskei Act, 1981 (Act No.
'husband' includes a husband in a customary union; (ii) 'Immigration Act' means the Immigration Act, 2002 (Act No.
[(vi)] 'major' means any person who has attained the age of [21] 18 years [or who has under the provisions of section 2 of the Age of Majority Act, 1972 (Act No.
the Marriage Act, 1961 (Act No. 25 of 1961); or the Recognition of Customary Marriages Act, 1998 (Act No.
a civil union concluded in terms of the Civil Union Act, 2006 (Act No.
(xiii)] 'responsible parent' means a parent [as] contemplated in [section 1 of the Guardianship Act, 1993 (Act No.
'wife' includes a wife in a customary union. (iii).
the expressions 'in the Republic' and 'outside the Republic' shall be construed as if the former states were part of the former Republic of South Africa, whenever it has to be determined whether any event or action which occurred or took place prior to the commencement of the Constitution, occurred or took place in or outside the Republic; and the expression 'Government of the Republic' shall be construed to include the governments of the former states whenever it has to be determined if a person was in the service of the Government of the Republic prior to the commencement of the Constitution.
'Immigrasiewet' die 'Immigration Act, 2002' Wet No.
'Kinderwet' die 'Children's Act, 2005' (Wet No.
to whom an exemption from [the prohibition mentioned in section 23(a) of the Aliens Control Act, 1991 (Act No. 96 of 1991)] compliance with visa requirements in terms of section 10A of the Immigration Act, has been granted unconditionally and for an unspeciï¬ed period in terms of section [28(2)] 10A(4)(a) of that Act, whether as an individual or as a member of a category of persons; or to whom [the said prohibition is not applicable by virtue of section 29(1)(a) or (c) of that Act] an exemption has been granted in terms of section 31(3)(a) or (c) of the Immigration Act, and who entered the Republic or is in the Republic for purposes of permanent residence, shall be deemed to be or have been lawfully admitted to the Republic for permanent residence therein, or permanently and lawfully residing in the Republic.
[A] a customary [union shall be recognised by the Minister for the purposes of this Act] marriage and a marriage concluded in terms of the laws of a foreign country shall be recognised by the Minister, if the Minister is satisï¬ed, upon information submitted to him or her in the prescribed form by the applicant and such other person alleged to be the applicant's spouse in the [customary union] marriage concerned, that the applicant is in fact a spouse in the [customary union in question.
[The] the Minister may, in addition to any information submitted in terms of paragraph (a) or to clarify any information so submitted, call for further information to be submitted to him or her, or may call upon any person to appear before him or her and require or allow such person to give such oral information or produce such other information as in the opinion of the Minister may assist him or her in deciding the matter in question.''.
Substitution of section 2 of Act 88 of 1995 2.
who immediately prior to the date of commencement of the South African Citizenship Amendment Act, 2010, was a South African citizen by birth; or who is born in or outside the Republic, one of his or her parents, at the time of his or her birth, being a South African citizen, shall be a South African citizen by birth.
he or she does not have the citizenship or nationality of any other country, or has no right to such citizenship or nationality; and his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).
he or she has lived in the Republic from the date of his or her birth to the date of becoming a major; and his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).''.
Any person who is adopted in terms of the provisions of the Children's Act by a South African citizen and whose birth is registered in accordance with the provisions of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992), shall be a South African citizen by descent.''.
Substitution of section 4 of Act 88 of 1995, as amended by section 3 of Act 69 of 1997 4.
African citizen in terms of section 5, shall be a South African citizen by naturalisation.
Any person referred to in subsection (1)(b) shall, with effect from the date of the issue of the certiï¬cate, be a South African citizen by naturalisation.
he or she has lived in the Republic from the date of his or her birth to the date of becoming a major; and his or her birth has been registered in accordance with the provisions of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).''.
Amendment of section 5 of Act 88 of 1995, as amended by section 4 of Act 69 of 1997 5.
''(g) he or she has [an] adequate knowledge of the responsibilities and privileges of South African citizenship[.
Provided that in the case where dual citizenship is not allowed by his or her country, such person renounces the citizenship of that country and furnishes the Minister with the prescribed proof of such renunciation.'
''(4) (a) The Minister may, notwithstanding the provisions of subsection (1), upon application in the prescribed form [by the responsible parent or the guardian] for a certiï¬cate of naturalisation in respect of a minor who is permanently and lawfully resident in the Republic, grant to that minor a certiï¬cate of naturalisation as a South African citizen.
An application in terms of paragraph (a) must be made by the responsible parent or the legal guardian of the minor concerned.'
ordinarily resident in the Republic for a prescribed period; and married to such citizen during the period contemplated in paragraph (b).'
''(a) Notwithstanding anything to the contrary contained in subsection (1)(c), the Minister may under exceptional circumstances grant a certiï¬cate of naturalisation as South African citizen to an applicant who does not comply with the requirements of [the said] subsection (1)(c) relating to residence or ordinary residence in the Republic.''.
Amendment of section 6 of Act 88 of 1995 6.
''(3) Any person who obtained South African citizenship by naturalisation in terms of this Act shall cease to be a South African citizen if he or she engages, under the ï¬ag of another country, in a war that the Republic does not support.''.
Amendment of section 8 of Act 88 of 1995 7.
Substitution of section 10 of Act 88 of 1995 8.
Whenever the responsible parent of a minor has in terms of the provisions of section [6,8or 9] 6 or 8 ceased to be a South African citizen, the Minister may, with due regard to the provisions of the [Guardianship Act, 1993 (Act No. 192 of 1993)] Children's Act, order that such minor, if he or she was born outside the Republic and is under the age of 18 years, shall cease to be a South African citizen.''.
Amendment of section 11 of Act 88 of 1995, as amended by section 6 of Act 69 of 1997 9.
a South African citizen by naturalisation or registration ceased to be a South African citizen by virtue of the provisions of any prior law; or a South African citizen by naturalisation ceases to be a South African citizen by virtue of the provisions of section 6, 7, 8[, 9] or 10, he or she shall, for the purposes of the [Aliens Control Act, 1991 (Act No.
in possession or [is not] deemed to be in possession of a permit referred to in section [25 or 26] 10(2) or 25(2) of that Act; or in terms of section [28(2)] 31(2)(a) of the said Act, exempted or deemed to be exempted from the [prohibition in] provisions of section [23(a)] 10(1) of that Act.''.
Amendment of section 13 of Act 88 of 1995, as amended by section 7 of Act 69 of 1997 10.
''(a) Any person who ceased to be a South African citizen by virtue of the provisions of any prior law or by virtue of the provisions of section 9 as it existed immediately before its repeal by section 1 of the South African Citizenship Amendment Act, 2004 (Act No.
if he or she is not a person [as] referred to in section 11(3) and who is residing in the Republic permanently or returns to the Republic for permanent residence therein, as the case may be; or if he or she is a person as referred to in section 11(3) and a permit for permanent residence referred to in section 25 of the [Aliens Control Act, 1991 (Act No. 96 of 1991),] Immigration Act is issued to him or her, apply to the Minister in the prescribed [form] manner for the resumption of his or her former South African citizenship.'
by the substitution for subsection (4) of the following subsection: ''(4) The provisions of section 5(7) shall [mutatis mutandis] apply with the changes required by the context in respect of a certiï¬cate referred to in subsection (3)(b).''.
Substitution of certain words in Act 88 of 1995 5 11. The principal Act is hereby amended by the substitution for the words ''alien'' and ''Supreme Court'', wherever they occur, of the words ''foreigner'' and ''High Court'', respectively.
This Act is called the South African Citizenship Amendment Act, 2010, and comes into operation on a date determined by the President by Proclamation in the Gazette.
<fn>GOV-ZA.3249611En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.324971108En.2012-02-10.en.txt</fn>
The Minister for Rural Development and Land Reform has approved the publication of the Deeds Registries Amendment Bill, 2009 in the Government Gazette for general comment.
Fax No. 012 338 7383 Cellular: 071 622 9658 Telephone (Office): 012 338 7227 E-mail: slefafa@dla.gov.
STAATSKOERANT, 17 AUGUSTUS 2009 No.
To amend the Deeds Registries Act, 1937, so as to provide for the substitution for the expression of "Supreme Court" of the expression of "High Court"; to delete the reference to a registrar of mining titles or a mining commissioner acting as a registration officer; to provide for the extension of the duties of a registrar; to provide for the appointment of alternate members to the deeds registries regulations board; to provide for the disclosure of the full names and marital status of persons in all deeds and documents to be executed or lodged for registration or record in a deeds registry; to provide for the issuing of a certificate of registered title in respect of a fraction of an undivided share in land; to amend the definition of "Master"; and to provide for matters connected therewith.
No. 32497 GOVERNMENT GAZETTE, 17 AUGUST 2009 1. Section 3 of the Deeds Registries Act, 1937 (Act No.
"(z) give effect to practice and procedure directives issued from time to time by the chief registrar of deeds.".
Amendment of section 9 of Act 47 of 1937, as amended by section 3 of Act 3 of 1972, section 17 of Act 71 of 1972, section 8 of Act 62 of 1973, section 9 of Act 57 of 1975, section 4 of Act 270f 1982, section 4 of Act 14 of 1993 and section 10 of Act 11 of 1996 2.
STAATSKOERANT, 17 AUGUSTUS 2009 NO.32497 been appointed as alternate member, during such member's absence or inability to act as a member of the regulation board.
Act 9 of 2003 and section 53 of Act 24 of 2003 3.
87 of 1965 4.
"(1A) The provisions of subsection (1) shall apply, with the necessary changes, to any person who is the owner of a piece of land and who wishes to obtain a certificate of registered title of any fraction of his or her undivided share in such land.".
Act 14 of 1993, section 74 of Act 120 of 1993, section 68 of Act 67 of 1995, section 9 of Act 11 of 1996, section 10 of Act 11 of 1996, Proclamation R9 of 31 January 1997, section 10 of Act 93 of 1998, section 2 of Act 9 of 2003, section 53 of Act 24 of 2003 and section 46 of Act 11 of 2004 5.
"'Master' means the Master or Assistant Master of any provincial or local division of the [Supreme] High Court and when used in relation to any particular matter means the Master or Assistant Master who has jurisdiction in respect thereof;".
This Act is called the Deeds Registries Amendment Act, 2009.
The Deeds Registries Amendment Bill, 2009 (hereinafter referred to as "the Bill"), proposes certain amendments to the Deeds Registries Act, 1937 (Act No. 47 of 1937) (hereinafter referred to as "the Act"). pertaining to the substitution of certain obsolete expressions and the improvement of the application of the Act as set out in this Memorandum.
The amendment proposed in Clause 1(a) of the Bill is consequential to the promulgation of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002). which provides for the discontinuation of the registration of mineral rights in a deeds registry. The substitution for the expression "Supreme Court" of the expression "High Court", seeks to rectify the present legal situation with reference to the High Court.
Registrars of deeds are not obliged to follow the practice and procedure directives that are issued from time to time by the chief registrar of deeds. The result is that different practices and procedures are being followed in the different deeds registries. The amendment proposed in Clause 1 (b) of the Bill seeks to eliminate this problem by obliging registrars to comply with directives and thus promote uniformity in all deeds registries throughout the country.
It often happens that members of the deeds registries regulations board cannot attend meetings due to unforeseen circumstances. The absence of members to a meeting may lead to a quorum not being formed and the meeting to be cancelled. The amendment of section 9, as proposed in Clause 2 of the Bill, to provide for the appointment of alternate members to the board, is a necessary and logical step.
Section 17(2) of the Act provides for the disclosure of the full names and marital status of a person in a deed that needs to be lodged for registration or record or execution in a deeds registry. The proposed amendment of section 17(2), in Clause 3 of the Bill, is necessary to also provide for the disclosure of the full names and marital status of a person in documents, other than deeds, that need to be registered, recorded, or executed by a registrar of deeds.
Section 34 of the Act allows an owner of a piece of land to apply for a certificate of registered title for his/her undivided share in land, only in instances where such land is owned in joint ownership. The proposed amendment of section 34, in Clause 4 of the Bill, caters for the issuing, to any owner, of a certificate of registered title of any fraction of his/her undivided share in such land.
The amendment of the definition of "Master", as proposed in Clause 5 of the Bill, is consequential to the change of name of the High Court, as contemplated in Clause 1(a) of the Bill.
Clause 6 of the Bill contains the short title.
STAATSKO ERANT, 17 AUGUSTUS 2009 No.32497 11 5.
<fn>GOV-ZA.324981109En.2012-02-10.en.txt</fn>
The Minister for Rural Development and Land Reform has approved the publication of the Sectional Titles Amendment Bill, 2009 in the Government Gazette for general comment.
Fax No. 012338 7383 Cellular: 071 622 9658 Telephone (Office): 0123387227 E-mail: slefafa@dla.gov.
No.32498 GOVERNMENT GAZETTE, 17 AUGUST 2009 area rights with the written consent of the mortgagee and holder of a registered real right; to further provide for the regulation of consent of bondholders for the registration of servitudes; to provide for the payment of certain contributions by a developer towards the defrayal of certain rates and taxes and the maintenance of common property; to further provide for liability for payment of contributions where ownership in units changes; to provide for the levying of special contributions by the trustees of a body corporate; to provide for the use of exclusive use areas for purposes depicted on the registered sectional plan only; to replace a reference to the former Association of Law Societies of the Republic of South Africa; to delete and amend certain incompatible provisions no longer applicable; and to provide for matters connected therewith.
Amendment of section 1 of Act 95 of 1986, as amended by section 1 of Act 63 of 1991, section 1 of Act 7 of 1992, section 1 of Act 15 of 1993, section 1 of Act 44 of 1997, section 1 of Act 29 of 2003, section 1 of Act 7 of 2005 and section 1 of Act 6 of 2006 1. Section 1 of the Sectional Titles Act, 1986 (Act No.
"(3A) If a body corporate is unable to obtain a unanimous resolution, it may [subject to] notwithstanding the provisions of subsection (3)(c), approach the court for relief,".
Amendment of section 5 of Act 95 of 1986, as amended by section 3 of Act 63 of 1991, section 11 of Act 7 of 1992 and section 5 of Act 6 of 2006 2.
"(a) by reference to the floors, walls and ceilings thereof, or as may be prescribed : Provided that any window, door or other structure which divides a section from another section or from common property, shaii be considered to form part of such Hoor, wall or ceiling; and".
No. 32498 GOVERNMENT GAZETTE. 17 AUGUST 2009 3.
"(dA) if a bond is registered against one or more pieces of land shown on a sectional plan, upon written application by the developer and with the written consent of the mortgagee. all the land shown on the sectional plan may be substituted for the land originally mortgaged under the bond : Provided that. if different pieces of land shown on the sectional plan are mortgaged under different bonds. the sectional plan may not be registered unless the bonds are cancelled."
Amendment of section 12 of Act 95 of 1986, as amended by section 6 of Act 63 of 1991 4.
"(f) issue to the developer, in the prescribed form, a certificate or certificates of real right in respect of a right of exclusive use as contemplated in section 27 (1), subject to any mortgage bond registered against the title deed of the land; and".
Amendment of section 14 of Act 95 of 1986, as amended by section 8 of Act 63 of 1991 and section 4 of Act 7 of 1992 10 No. 32498 GOVERNMENT GAZETTE, 17 AUGUST 2009 5.
and [section] sections 17(6), 48 and 49, only be cancelled by an order of the Court, and the registrar shall give effect to any such cancellation by making the necessary endorsements and entries in his or her records, and shall notify the Surveyor-General, who shall cancel the original sectional plan and the deeds office copy thereof.
Amendment of section 158 of Act 95 of 1986, as amended by section 10 of Act 44 of 1997, and section 2 of Act 6 of 2006 6.
U(5A) The provisions of subsection (5) shall apply, with the necessary changes, to any person who is the owner of a unit and who wants to obtain a certificate of registered sectional title of any fraction of his or her undivided share in such unit.
Amendment of section 24 of Act 95 of 1986, as amended by section 14 of Act 63 of 1991, section 17 of Act 44 of 1997, section 5 of Act 29 of 2003, and section 2 of Act 7 of 2005 7.
U(b) in the case of the floor area of the section in question being increased by the extension, a revised schedule, in substitution for the schedule referred to in section [7(2)(b)] 5(3)(g), reflecting the participation quotas of aI/ the sections as modified after taking the increased floor area of the section in question into account.
by the substitution in subsection (6).
U(d).ill any sectional mortgage bond to which the section may be subject, together with a certificate by a conveyancer stating that there is not a deviation of more than 10 per cent in the participation quota of any section as a result of the extension, or if there is a deviation of more than 10 per cent, that the mortgagee of each section in the scheme has consented to the registration of the sectional plan of extension of a section; and ilil if there is a deviation of more than 10 per cent, a notice must be sent to each mortgagee by registered post by the applicant, citing details of the mortgage bond, the mortgagor and the reference number of the mortgage loan (if any), the proposed extension in relation to its size, location and impact on the security of such mortgagee as to the diminution of the participation quota allocated to the mortgaged unit : Provided that if a response to the notice is not received by the applicant within 30 days of the date of the posting of the notice, it shall be deemed that the mortgagee does not have any objection to the proposed extension and that the mortgagee consents thereto; and.
Act 29 of 2003 and section 3 of Act 7 of 2005 8.
12 No. 32498 GOVERNMENT GAZETTE.
(1) A developer may, subject to the provisions of section 4(2), in his or her application for the registration of a sectional plan, reserve, in a condition imposed in terms of section 11 (2), the right to erect and complete or include from time to time, but within a period stipulated in such condition or such extended period agreed upon between the members of the body corporate and registered bondholders. from time to time prior to the expiry of the stipulated period, which agreement must be entered into by way of a bilateral notarial deed.
a vertical extension of an existing building, on a specified part of the common property, and to divide such building or buildings into a section or sections and common property and to confer the right of exclusive use over parts of such common property upon the owner or owners of one or more sections or to delineate exclusive use areas on specified parts of the land and buildings in terms of section 5(3)(f} and to confer the right of exclusive use over such areas upon the owner or owners of one or more sections.
such other documents and particulars as may be prescribed.
ru if a body corporate is deemed to be established in terms of section 36(1), that the body corporate has certified that all moneys due to the body corporate by the cedent in respect of the said real right have been paid, or that provision has been made to the satisfaction of the body corporate for the payment thereof; or ill if a body corporate is not deemed to be established, that no moneys are payable, is produced to the registrar.
"(5) A right reserved in terms of subsection (1) may be exercised by the developer or his or her sLlccessor in title thereto, even though the developer or his or her successor in title, as the case may be, has no other interest in the common property, subject to the provisions of section 27(4)(b) which shall apply only where a scheme is extended by the addition of rights of exclusive use: Provided that the rights of exclusive use must be ceded within 12 months after their creation, either to the body corporate of the scheme or to one or more registered owners of a section or sections in the scheme."
"(9) A developer or his or her successor in title to a right reserved in terms of subsection (1), or the body corporate in terms of subsection (6), as the case may be, may, after approval of a sectional plan of extension by the Surveyor-General in terms of this section, apply to the registrar for the registration of such plan of extension and the inclusion of the additional [section or] sections and exclusive use areas or the inclusion of exclusive use areas only, in the relevant sectional title register."
16 No.
make such entries in his or her records and endorsements on the certificates of registered sectional title and certificates of real right in respect of rights of exclusive use referred to in [paragraphs] paragraph (c), any certificate of real right referred to in subsection (10)(c), and any sectional mortgage bond registered against the certificate of real right, as are necessary to give effect to this section.
U(13) A developer or his or her successor in title who exercises a reserved right referred to in subsection (1), or a body corporate exercising the right referred to in subsection (6), shall be obliged to erect and divide the building or buildings into sections and to delineate areas of the common property subject to rights of exclusive use strictly in accordance with the documents referred to in subsection (2), due regard being had to changed circumstances which would make strict compliance impracticable, and an owner of a unit in the scheme who is prejudiced by his or her failure to comply in this manner, may apply to the Court, whereupon the Court may order proper compliance with the terms of the reservation, or grant such other relief, including damages, as the Court may deem fit.
63 of 1991, section 20 of Act 44 of 1997, sections 8 of Act 29 of 2003 and section 4 of Act 7 of 2005 9.
(a) If a part or parts of common property is or are delineated on a sectional plan for a specific purpose in terms of section 5(3)(1), the developer [may, for a specific purpose] must.
18 NO.3249B GOVERNMENT GAZETTE, 17 AUGUST 2009 and the registration of the sectional plan, impose a condition in terms of section 11 (2) in the schedule referred to in section 11 (3)(b) , by which the right to the exclusive use of such part or parts of the common property delineated for this purpose on the sectional plan, is conferred upon the owner or owners of one or more of the sections.
"(b) If an owner ceases to be a member of the body corporate as contemplated in section 36(2), any right to an exclusive use area still registered in his or her name vests in the body corporate free from any mortgage bond or registered real right."
"(5) A right to the exclusive use of a part of the common property delineated on the sectional plan registered in favour of an owner of a section may with the written consent of the mortgagee of the [relevant section] exclusive use area and holder of a registered real right be cancelled by the registration by the registrar of a notarial deed of cancellation entered into by the [owner of the section entitled to] holder of such right and the body corporn.te,_rluly~uiboLized by~_~_ __ special resolution of its members, on behalf of all the owners of sections in the scheme."
U(6) A right to the exclusive use of a part of common property registered in favour of an owner of a section, shall for all purposes be deemed to be a right to [urban] immovable property over which a mortgage bond, lease contract or personal servitude of usufruct, usus or habitatio may be registered.
Amendment of section 27A of Act 95 of 1986 10.
U(c) include a schedule indicating to which [member] owner each such part is allocated.
Amendment of section 29 of Act 95 of 1986 11.
Amendment of section 37 of Act 95 of 1986, as amended by section 9 of Act 29 of 2003 12.
20 No.
"(2) [Any] Liability for contributions levied under any provision of subsection (1), save for special contributions contemplated by subsection (2A), shall [be due and payable on] accrue from the passing of a resolution to that effect by the trustees of the body corporate, and may be recovered by the body corporate by action in any court (including any magistrate's court) of competent jurisdiction from the persons who were owners of units at the time when such resolution was passed : Provided that upon the change of ownership of a unit. the successor in title becomes liable for the pro rata payment of such contributions from the date of change of such ownership."
U(2A) Any special contribution shall be due on the passing of a resolution in this regard by the trustees of the body corporate levying such contribution and may be recovered by the body corporate by action in any competent court (including any magistrate's court) having jurisdiction, from the persons who were owners of units at the time when such resolution was passed.
"Special contribution" for the purposes of this section, means any contribution levied under subsection (1) other than contributions which arise from the approval of the estimate of income and expenditure at an annual general meeting of a body corporate. determined to be a contribution to be levied upon the owners during the ensuing financial year.".
Amendment of section 44 of Act 95 of 1986 13.
"(g) when the purpose for which a section or an exclusive use area is intended to be used is shown expressly or by implication on or by a registered sectional plan, not use nor permit such section or exclusive use area to be used for any other purpose: Provided that with the written consent of all owners such section or exclusive use area may be used for another purpose.".
Amendment of section 54 of Act 95 of 1986, as amended by section 22 of Act 63 of 1991, section 11 of Act 7 of 1992 and section 26 of Act 44 of 1997 14.
22 No.
"(i) a conveyancer nominated by the Executive Council of the [Association of Law Societies of the Republic] Law Society of South Africa;".
Amendment of section 60 of Act 95 of 1986, as amended by section 25 of Act 63 of 1991, section 4 of Act 15 of 1993 and section 28 of Act 44 of 1997 15.
"(6) Rules decided on by unanimous resolution under the Sectional Titles Act, 1971, before the commencement date replacing rules contained in Schedule 1 to that Act, and at the said date not yet lodged with the registrar as contemplated in section 27(3) of that Act, [may be lodged within a period of six months after that date in terms of the said section as if that Act had not been repealed by section 59 of this Act,] and shall [where not so lodged within the said period,] lapse and be deemed in any such case to have been replaced, subject to addition, amendment or repeal as contemplated in section 35(2)(a) of this Act, by prescribed management rules contemplated in the lastmentioned section."
by the deletion of subsection (6A).
Amendment of section 60A of Act 95 of 1986 16.
U(6) Rules decided on by unanimous resolution under any law mentioned in Schedule 2 to the Proclamation before the commencement date replacing the rules contained in a schedule. to such law, and at the said date not yet lodged with the registrar in terms of the provisions of such law, [may be lodged within a period of twelve months after that date in terms of the said law as if that law had not been repealed by the Proclamation, and] shall, [where not so lodged within the said period,] lapse and be deemed in any case to have been replaced, subject to addition, amendment or repeal as contemplated in section 35(2)(a) of this Act, by prescribed management rules contemplated in the last-mentioned section.
This Act is called the Sectional Titles Amendment Act, 2009.
MEMORANDUM ON THE OBJECTS OF THE SECTIONAL TITLES AMENDMENT Bill, 2009 1.
The Sectional Titles Amendment Bill, 2009 (hereinafter referred to as "the Bill"), proposes certain amendments to the Sectional Titles Act, 1986 (Act No. 95 of 1986) (hereinafter referred to as "the Act").
OB..
The definition of "developer" provides, for purposes of sections 10 and 15B(3)(c), for the inclusion of an agent or his or her successor in title, or any other person acting on behalf of any of the above-mentioned persons, to act on behalf of a developer. However, the definition does not include the developer's agent or his or her successor in title in respect of the approval of development schemes, as contemplated in section 4 of the Act. Clause 1 (a) of the Bill provides for the necessary inclusion.
The definition of "owner" still makes reference to the Agricultural Credit Act, 1966 (Act No. 28 of 1966), yet the said Act has been repealed by the Agricultural Debt Management, 2001 (Act No. 45 of 2001). Clause 1(b) of the Bill proposes the omission of such reference, so as to reflect the correct legal position.
Section 1 (3A) provides for a body corporate to approach the Court for relief in instances where it is unable to obtain a unanimous resolution. However, section 1(3A) is made subject to the provisions of section 1(3)(c) which stipuiates that where a resolution adversely affects the proprietary rights or powers of any member as owner, such resolution shall not be regarded as having been passed unless such member consents thereto in writing. By making section 1(3A) subject to section 1 (3)(c), the opportunity remains for an unreasonable owner to hold the body corporate to ransom. The current wording creates an absurd situation whereby a Court's discretion relating the question whether the "proprietary rights or powers of any member as an owner" have been affected is excluded. Clause 1(c) of the Bill proposes the amendment of section 1 (3A) in order to remedy this absurdity.
The phrase "the median line of the dividing floor, wall or ceiling", used in section 5(4), stipulates the boundary of any section in a sectional title scheme. The said phrase suggests that in the absence of a contrary indication on the sectional plan the legal nature of any window, door or other structure, which fills an aperture in the exterior wall, floor or ceiling of a section, is determined by reference to that wall, floor or ceiling. It would be of considerable assistance to those who manage sectional title schemes if the Act is amended to provide that the median line of a section will always pass through the centre of exterior windows, doors and other structures built into the section's exterior walls, floors and ceilings. The amendment of section 5(5)(a), as proposed in clause 2 of the Bill, is necessary to provide in this regard.
Section 4(2) provides for a sectional title register to be opened in respect of more than one piece of land, without having to first cO(1solidate such pieces of land. If any of such pieces of land is hypothecated under a registered mortgage bond, the proviso to section 11(3)(d)(iii) requires compliance with section 40(5) of the Deeds Registries Act, 1937 (Act No. 47 of 1937), with the necessary changes. However, the application of section 40(5)(a), with the necessary changes, causes grave confusion, especially with regard to the format and content of the application. The amendment of section 11 (3)(d) and the insertion of section 11 (3)(dA), as proposed in clauses 3(a) and 3(b) of the Bill, will eliminate the confusion created by the current wording.
26 No. 32498 GOVERNMENT GAZETTE. 17 AUGUST 2009 for the issuing of the said certificates by the registrar of deeds. The proposed amendments in clause 3(c) of the Bill will rectify this anomaly.
Sections 12(1)(e) and 12(1)(f) provide for the issuing of one certificate of real right of extension and one certificate of real right of exclusive use areas as reserved by a developer in terms of sections 25(1) and 27(1) of the Act. This creates problems in instances where a real right of extension is subdivided and depicted on a plan. The amendment of sections 12(1)(e) and 12(1)(f), as proposed in clause 4(a) and 4(b) of the Bill, addresses the issue.
Section 14(8) makes provision for the cancellation of a registered sectional plan only by order of the Court. A registered sectional plan may, however, also be cancelled upon the destruction of or damage to buildings and upon the disposal on the destruction of buildings, as contemplated in sections 48 and 49, without the necessity of a Court Order. Clause 5 of the Bill seeks to make it clear that a Court Order is not necessary for the cancellation of a sectional plan where the buildings are damaged or destroyed.
Section 15B contains provisions with regard to the registration of the transfer of ownership and other rights in a deeds registry. However, it does not cater for the issuing of a certificate of registered sectional title in respect of a fraction of an undivided share in a unit in a sectional titles scheme. Clause 6 of the Bill provides in this regard.
Section 24(4) (b) contains reference to a schedule setting out participation quotas, as referred to in section 7(2)(b). However, section 7(2)(b) does not make reference to such schedule. The section that needs to be referred to in section 24(4)(b) is section 5(3)(g). Clause 7(a) of the Bill seeks to remedy the said defect.
Section 24(6)(d) requires the consent of every mortgagee in a scheme if the extension of a section would result in a deviation of more than 10 per cent in the participation quota of any section. The conveyancing fraternity encounter practical difficulties in obtaining such consents. The amendment of section 24(6)(d), as proposed in clause 7(b) of the Bill, seeks to address this problem.
Section 25 provides for the extension of a scheme by the addition of sections and exclusive use areas. The extension of a scheme by the addition of exclusive use areas is only provided for where the addition of rights to exclusive use is incidental to or linked to the extension of the scheme by the creation of new sections in such scheme. Section 25 does not provide for the extension of a scheme by the addition of rights to exclusive use only. Clauses 8(a), 8(b), 8(c), 8(f), 8(g) 8(h), 8(i), 80), 8(k) of the Bill, remedy this defect.
The Act does not provide for a mechanism to extend the period of time in which a right of extension in terms of section 25 must be exercised. The amendment of section 25(1) in clause 8(b) of the Bill caters in this regard.
Section 25(1) provides that a right of extension can only be reserved in . respect of a right to erect and complete a further building or buildings or the horizontal or vertical extension of an existing building. However, the Act does not provide for the reservation of a right of extension in respect of a building or buildings that already exist. Clauses 8(b) and 8(c) provide in this regard.
Sections 25(4)(a) and 27(6) refer to "a right to urban immovable property". The Mutual Building Societies Act, 1965 (Act No. 24 of 1965). and the Building Societies Act, 1986 (Act No. 82 of 1986), which have since been repealed, limited loans on mortgages to urban immovable property. Loans for the acquisition of immovable property are regulated by the National Credit Act, 2005 (Act No. 34 of 2005). Whereas the latter Act in general deals with "immovable property", it is necessary, also for the sake of legal certainty, to reconcile the provisions of sections 25(4)(a) and 27(6) with the provisions of the National Credit Act, 2005. The proposed amendment in clauses 8(d) and 9(d) of the Bill seek to achieve this goal.
28 NO.3249B GOVERNMENT GAZETTE, 17 AUGUST 2009 2.8.5. Section 15B(3)(a) relates only to money due to the body corporate in respect of a unit to be transferred and is silent with regard to money due to the body corporate in respect of an exclusive use area and a right to extend a scheme, as contemplated by section 25. This state of affairs is prejudicial to the body corporate as it makes the cession of exclusive use areas and rights of extension possible, without ensuring that moneys due to the body corporate by holders of such rights have been duly paid to the body corporate. The insertion of section 25(4A), as proposed in clause 8(e) of the Bill, remedies this defect.
Section 27(1) makes the registration of exclusive use areas depicted in a sectional plan optional. This creates an untenable situation whereby it is possible to partially register a sectional plan. The amendment proposed in clause 9(a) of the Bill, will render the registration of exclusive use areas depicted in a sectional plan obligatory and make it impossible to register a sectional plan partially.
Section 27(4)(b) provides for the vesting of an exclusive use area in the body corporate free from any mortgage bond. The Act, however, is silent with regard to the position of the holder of a registered lease or holder of a registered right to usufruct, habitatio or usus. The amendment of section 27(4){b), as proposed in clause 9(b) of the Bill, provides for the vesting of an exclusive use area in the body corporate free from any mortgage bond, a registered lease, usufruct, habitatio or USIJS.
No provision is made in the Act for the consent by the holder of a registered usufruct, habitation, usus, or a lease to the cancellation of an exclusive use area. The amendment of section 27(5), in clause 9(c) of the Bill, remedies this defect.
Section 27A authorises a developer or body corporate to make rules, inter alia, including a schedule indicating the members to which a right of exclusive use and enjoyment of the common property are allocated. This implies that whenever ownership of a unit changes, the schedule should change as well. Clause 10 of the Bill proposes the inclusion in the schedule of the owner of a unit in a sectional title scheme to which a right of exclusive use and enjoyment of the common property is allocated and thereby eliminates the need to amend the schedule whenever a unit changes hands.
Section 293} provides for the consent of every bondholder for the registration of a servitude or restrictive agreement over land in a sectional title scheme. New bonds are registered over sections and exclusive use areas on a daily basis and it becomes virtually impossible to get the consent of every such bondholder. Clause 11 of the Bill proposes the amendment of section 293} to make provision for the obtaining and filing, in the protocol of the notary, of the consent of bondholders that exist on the date of execution of such servitude or agreement. This will eliminate the problem and also facilitate and expedite the work of conveyancers and the registrar of deeds in this respect.
Section 37, to the detriment of the body corporate, does not oblige a developer to pay attributable costs in respect of areas of common property subject to future development rights as provided for in section 25. The amendment of section 371}b}, as proposed in clause 12a} of the Bill, addresses this problem.
Section 37 provides for the levying of contributions. In terms of section 37(2} contributions so levied are due and payable on the passing of a resolution by the trustees of the body corporate and the persons who were owners of units at the time the resolution was passed, are liable for the payment thereof. The Act, however, does not regulate the payment of contributions where ownership has changed. The addition of the proviso to this subsection, as proposed in clause 12(b) of the Bill, seeks to give clarity on the question pertaining to the payment of contributions in cases where ownership of units has changed.
Section 37 does not provide for the levying of special contributions.
30 No.32498 GOVERNMENT GAZETTE, 17 AUGUST 2009 corporate has, however, become a general established practice. The amendment proposed in clause 12(c) of the Bill merely confirms and legalises a situation that has existed for a considerable number of years.
Section 44(1)(g) provides for the use of a section as shown on a registered sectional plan. This section, however, does not deal with the use of an exclusive use area. This state of affairs has resulted in the use of exclusive use areas for purposes for which they could not have been intended, for example garages being used for residential purposes. Clause 13 of the Bill seeks to include the regulation of the use of exclusive use areas for purposes shown on the registered sectional plan.
Clause 14 of the Bili proposes the amendment of section 54(2)(c)(i) of the Act, in order to provide for the change of name of the Association of Law Societies of the Republic of South Africa to the Law Society of South Africa.
Section 60 still contains provisions in respect of savings and transitional provisions that have already lapsed. The amendment of section 60, as proposed in clause 15 of the Bill, is therefore a necessary step.
Clause 17 of the Bill contains the short title.
The State Law Advisers and the Department of Land Affairs are of the opinion that this Bill must be dealt with. in accordance with the procedure established by section 75 of the Constitution, since it contains no provision to which the procedure set out in section 74 or section 76 of the Constitution applies.
<fn>GOV-ZA.32533875En.2012-02-10.en.txt</fn>
Vol. 530 Cape Town 28 August 2009 No.
No. 1 of 2009: Competition Amendment Act, 2009.
is one of a category of individuals who were disadvantaged by unfair discrimination on the basis of race before the Constitution of the Republic of South Africa, 1993 (Act No.
is a juristic person, other than an association, in which the individuals contemplated in paragraph (a) own and control a majority of its issued share capital or members' interest and are able to control a majority of its votes; or is a juristic person or association in which the individuals contemplated in paragraph (a) own and control a majority of its issued share capital or members' interest and are able to control a majority of its votes.''.
Amendment of section 2 of Act 89 of 1998 2.
to provide for consistent application of common standards and policies affecting competition within all markets and sectors of the economy.''.
Substitution of section 3 of Act 89 of 1998, as amended by section 2 of Act 39 of 2000 3.
Despite anything to the contrary in any other legislation, public regulation or agreement, this Act applies to all economic activity within, or having an effect within, the Republic, subject to subsections (2) and (3).
collective bargaining within the meaning of section 23 of the Constitution and the Labour Relations Act, 1995 (Act No.
a collective agreement as deï¬ned in section 213 of the Labour Relations Act, 1995; or concerted conduct designed to achieve a non-commercial socioeconomic objective or similar purpose.
any other regulatory authority contemplated in this subsection will exercise primary authority to establish conditions within the industry that it regulates as required to give effect to the relevant legislation in terms of which that authority functions, and this Act; and the Competition Commission will exercise primary authority to detect and investigate alleged prohibited practices within any industry or sector, and to review mergers within any industry or sector, in terms of this Act; and details of the administrative manner in which any concurrent jurisdiction contemplated in paragraph (a) is to be exercised, must be determined by an agreement between the Competition Commission and that other regulatory authority, as provided for in sections 21(1)(h) and 82(1).''.
Insertion of Chapter 2A in Act 89 of 1998 4.
any two or more of the ï¬rms contemplated in paragraph (a) conduct their respective business affairs in a conscious parallel manner or co-ordinated manner, without agreement between or among themselves; and the conduct contemplated in paragraph (b) has the effect of substan tially preventing or lessening competition in that market, unless a ï¬rm engaging in the conduct can prove that any technological, efficiency or other pro-competitive gain resulting from it outweighs that effect.
For the purposes of subsection (1)(b) 'conscious parallel conduct' occurs when two or more ï¬rms in a concentrated market, being aware of each other's action, conduct their business affairs in a cooperative manner without discussion or agreement.
Parts A and B of Chapter 5, and section 49D, each read with the changes required by the context, apply to an investigation in terms of paragraph (a).
refusal to supply other ï¬rms within that market; or other market characteristics that indicate co-ordinated conduct.
If the Tribunal, after conducting a hearing in the manner required by Part D of Chapter 5, read with the changes required by the context, is satisï¬ed that the requirements of subsection (4) are satisï¬ed, the Tribunal may make an order reasonably requiring, prohibiting or setting conditions upon any particular conduct by the ï¬rm, to the extent justiï¬able to mitigate or ameliorate the effect of the complex monopoly conduct on the market, as contemplated in subsection (4)(b).
Contravention by a ï¬rm of an order contemplated in subsection (5) is a prohibited practice.''.
Amendment of section 21 of Act 89 of 1998, as amended by section 8 of Act 39 of 2000 5.
''(1A) The Competition Commission may exercise jurisdiction by way of an agreement contemplated in section 3(3) and subsection (1)(h).'
within [10] 30 business days after receiving that report from the Competition Commission; or if Parliament is not then sitting, within [10] 30 business days after the commencement of the next sitting.''.
Insertion of Chapter 4A in Act 89 of 1998 6.
43A. In this Chapter, ''market inquiry'' means a formal inquiry in respect of the general state of competition in a market for particular goods or services, without necessarily referring to the conduct or activities of any particular named ï¬rm.
if it has reason to believe that any feature or combination of features of a market for any goods or services prevents, distorts or restricts competition within that market; or to achieve the purposes of this Act.
The Competition Commission must, at least 20 business days before the commencement of a market inquiry, publish a notice in the Gazette announcing the establishment of the market inquiry, setting out the terms of reference for the market inquiry and inviting members of the public to provide information to the market inquiry.
section 54(b), (e) and (f), each read with the changes required by the context, apply to the conduct of a market inquiry, but for the purpose of this section, a reference in any of those sections to the ''Tribunal'' or to a person ''presiding at a hearing'' must be regarded as referring to the Competition Commission; and sections 72 and 73(2)(a), (b), (c), (d) and (f) apply to the conduct of a market inquiry, but a reference in any of those sections to 'an investigation' must be regarded as referring to the market inquiry.
The terms of reference required in terms of subsection (2) must include, at a minimum, a statement of the scope of the inquiry, and the time within which it is expected to be completed.
The Competition Commission may amend the terms of reference, including the scope of the inquiry, or the time within which it is expected to be completed, by further notice in the Gazette.
The Competition Commission must complete a market inquiry by publishing a report contemplated in section 43C, within the time set out in the terms of reference contemplated in subsection (2).
recommendations for new or amended policy, legislation or regulations; and recommendations to other regulatory authorities in respect of competition matters.
Section 21(3), read with the changes required by the context, applies to a report to the Minister in terms of subsection (1).
take any other action within its powers in terms of this Act recommended in the report of the market inquiry; or take no further action.''.
Amendment of section 49B of Act 89 of 1998, as amended by section 15 of Act 39 of 2000 7.
''(1) The [Commissioner] Competition Commission may initiate a complaint against an alleged prohibited practice or an alleged implementation of a merger contrary to Chapter 3.
submit information concerning an alleged prohibited practice, or an alleged implementation of a merger contrary to Chapter 3, to the Competition Commission[,] in any manner or form; or submit a complaint against an alleged prohibited practice, or an alleged implementation of a merger contrary to Chapter 3, to the Competition Commission [,] in the prescribed form.''.
Amendment of section 50 of Act 89 of 1998, as amended by section 15 of Act 39 of 2000 8.
''(1) At any time after [initiating a complaint, the Competition Commission may refer the complaint to the Competition Tribunal.
receiving or initiating a complaint, the Competition Commission may certify, in the prescribed manner and form, and with or without conditions, that any particular respondent, or any particular person contemplated in section 73A, is deserving of leniency in the circumstances, and initiating a complaint, the Commission may refer the complaint to the Competition Tribunal in respect of any respondent, to the extent that the respondent has not been certiï¬ed as being deserving of leniency in terms of paragraph (a).
[subject to subsection (3),] refer the complaint to the Competition Tribunal, subject to subsection (3), in respect of any respondent, to the extent that the respondent has not been certiï¬ed as being deserving of leniency, if the Commission [it determines] has determined that a prohibited practice, or the implementation of a merger contrary to Chapter 3, has been established; or in any other case, issue a notice of non-referral to the complainant in the prescribed form.'
certiï¬ed as deserving of leniency.'
''(b) on application by the Competition Commission made before the end of the period [contemplated in] set out in subsection (2), or such longer period as agreed in terms of paragraph (a) or previously granted in terms of this paragraph, the Competition Tribunal may extend that period.'
''(5) If the Competition Commission has not [referred a complaint to the Competition Tribunal, or issued a notice of non-referral] taken any action contemplated in subsection (3) within the time contemplated in subsection (2), or the extended period contemplated in subsection (4), the Commission must be regarded as having issued a notice of non-referral on the expiry of the relevant period.'
a declaration in terms of section 58(1)(a)(v) or (vi); or an award of civil damages in terms of section 65.
be certiï¬ed as being deserving of leniency, in whole or in part, or with or without any conditions; or require or demand that the Competition Commission issue such a certiï¬cate, or consider doing so.''.
Amendment of section 58 of Act 89 of 1998, as amended by section 15 of Act 39 of 2000 9.
(1)(a) of the following subparagraph: ''(viii) imposing appropriate conditions;''.
Amendment of section 59 of Act 89 of 1998, as amended by section 15 of Act 39 of 2000 10.
for a prohibited practice in terms of section 4(1)(a), 5(1), 8(c) or 9(1), if the conduct is substantially a repeat by the same ï¬rm of conduct previously found by the Competition Tribunal, or previously acknowledged by the ï¬rm in a consent order, to be a prohibited practice;''.
Amendment of section 73 of Act 89 of 1998 11.
knowingly provides false information to the Commission or the Tribunal;''.
Insertion of section 73A in Act 89 of 1998 12.
caused the ï¬rm to engage in a prohibited practice in terms of section 4(1)(b);or knowingly acquiesced in the ï¬rm engaging in a prohibited practice in terms of section 4(1)(b).
For the purpose of subsection (1)(b), 'knowingly acquiesced' means having acquiesced while having actual knowledge of the relevant conduct by the ï¬rm.
the relevant ï¬rm has acknowledged, in a consent order contemplated in section 49D, that it engaged in a prohibited practice in terms of section 4(1)(b);or the Competition Tribunal or the Competition Appeal Court has made a ï¬nding that the relevant ï¬rm engaged in a prohibited practice in terms of section 4(1)(b).
may not seek or request the prosecution of a person for an offence in terms of this section if the Competition Commission has certiï¬ed that the person is deserving of leniency in the circumstances; and may make submissions to the National Prosecuting Authority in support of leniency for any person prosecuted for an offence in terms of this section, if the Competition Commission has certiï¬ed that the person is deserving of leniency in the circumstances.
In any court proceedings against a person in terms of this section, an acknowledgement in a consent order contemplated in section 49D by the ï¬rm or a ï¬nding by the Competition Tribunal or the Competition Appeal Court that the ï¬rm has engaged in a prohibited practice in terms of section 4(1)(b),is prima facie proof of the fact that the ï¬rm engaged in that conduct.
pay any ï¬ne that may be imposed on a person convicted of an offence in terms of this section; or indemnify, reimburse, compensate or otherwise defray the expenses of a person incurred in defending against a prosecution in terms of this section, unless the prosecution is abandoned or the person is acquitted.''.
Amendment of section 74 of Act 89 of 1998 13.
''(a) in the case of a contravention of section 73(1), or section 73A, to a ï¬ne not exceeding R500 000-00 or to imprisonment for a period not exceeding 10 years, or to both a ï¬ne and such imprisonment; or''.
Amendment of section 82 of Act 89 of 1998, as amended by Act 39 of 2000 14.
be published in the Gazette for public comment.''.
The law referred to in the Schedule is hereby amended to the extent speciï¬ed in the third column thereof.
This Act is called the Competition Amendment Act, 2009, and comes into operation on a date ï¬xed by the President by proclamation in the Gazette.
Act No. 36 of 2005 Electronic Communications Act, 2005 Section 67 is hereby amended by the substitution for subsection (9) of the following subsection: ''(9) [Subject to] Despite the provisions of this Act, the Competition Act applies to competition matters in the electronic communications industry.''.
<fn>GOV-ZA.3262901En.2012-02-10.en.txt</fn>
In terms of Rule 246(4) of the NCOP, no more than six questions for oral reply may be put to a Minister in respect of any one Government department on any particular day. Questions received in excess of this quotas do not appear on the Question Paper.
whether these vessels will be used to intervene in the election dispute that is existing in Cote d'Ivoire; if not, what is the position in this regard; if so, what are the relevant details CO68?
Whether the Government has received any requests to send warships into the seas near to and/or in the vicinity of (a) Somalia, (b) Kenya and/or (c) Tanzania; if not, why was the request turned down; if so, (i) where did the requests come from, (ii) what was the purpose of sending the warship(s) and (iii) what are the details of the warship(s) that were sent CO70?
Whether his department is proceeding with the renovations and construction of the multimillion rand lease of Sanlam Middestad Centre before the report on the investigations by the Public Protector and the Special Investigating Unit is made public; if not, what is the position in this regard; if so, what are the relevant details CO101?
Whether statements that were made by the National Director of Public Prosecutions and the National Police Commissioner (names furnished) are (a) reckless and unbecoming of their positions and knowledge of the law and (b) detrimental to an application for extradition of a certain person (name furnished) from the United Kingdom; if not, what is the position in this regard; if so, what are the relevant details CO102?
whether this random approach is leading to the traumatisation of learners at schools; if not, what is the position in this regard; if so, what are the relevant details CO103?
whether this matter will have an effect on the forthcoming Zimbabwean national elections; if not, what is the position in this regard; if so, what are the relevant details CO104?
whether members of the Khoisan, aboriginal and other movements which are affiliated to the SA Cape Corps have been considered to join the army; if not, what is the position in this regard; if so, what are the relevant details CO106?
whether she will reconcile South Africa's commitment to human rights and democracy with the continued killing of Libyan citizens allegedly by President Ghaddafi's government; if so, how CO109?
whether she will reconcile the Government's commitment to human rights and democracy in Africa with the decision of the said person not to respect the election results; if not, what steps is the Government taking to ensure that the results are respected; if so, what are the relevant details CO110?
whether she will reconcile the Government's commitment to human rights and democracy with its failure to publicly call for the resignation of the said person prior to 11 February 2011; if so, how CO111?
Whether, in view of the report by Agri-SA that from 1 December 2010 to date, 60 farmers have been murdered on their farms, the Government has taken any additional measures to ensure that the agricultural community is safe from criminals; if not, why not; if so, what measures CO112?
Whether her department has established any plans to deal with the rising number of awaiting-trial detainees in correctional centres across the country; if not, (a) why not and (b) what challenges are currently being experienced with regard to awaiting-trial detainees; if so, (i) what are the relevant details and (ii) what is the level of interaction between her department and the Department of Justice and Constitutional Development in this regard CO113?
whether such mechanisms include any mechanisms to manage the problem of awaiting-trial detainees in correctional centres; if not, why not; if so, what is the level of interaction between his department and the Department of Correctional Services in this regard CO114?
whether any requests have been received for extra resources to support the fight against crime in rural areas and on farms, particularly in curbing gender-based violence and the abuse of children; if not, what is the position in this regard; if so, what are the relevant details CO115?
whether he will visit such police stations to assess the situation; if not, why not; if so, what are the relevant details CO116?
Whether his department ensures that the placement of appointed judicial officers, prosecutors and legal aid officers are distributed among the rural provinces in a balanced manner, taking into consideration the need to expand access to justice to rural communities; if not, what plans are being put in place by his department to expand access to justice to rural communities across the country; if so, what is the breakdown of the distribution of the appointed judicial officers, prosecutors and legal aid officers for each province in the past two years CO117?
whether such measures involve direct engagement with the defence force unions; if not, why not; if so, what structures and mechanisms are used to improve the level of interaction and engagement on issues pertaining to the defence force CO118?
Whether her department is currently upgrading (a) training bases and (b) accommodation places of defence force members; if not, why not; if so, (i) what progress has been made and (ii) how much has been spent thus far CO119?
whether any decision has been taken to provide such a service at certain police stations and on certain days of the week; if not, what is the position in this regard; if so, what informed such a decision CO120?
whether such cases are an indication of changes in attitude towards persons with disabilities in the workplace; if not, what is the position in this regard; if so, how CO122?
whether such measures include periodic vetting of persons who are responsible for keeping cash at courts; if not, what is the position in this regard; if so, what are the relevant details CO123?
Whether his department is planning to (a) strengthen cooperative governance by allowing the SA Local Government Association (Salga) to participate in the National Council of Provinces on a fulltime basis and (b) propose amendments to the Constitution in order to give Salga voting powers; if not, what is the position in this regard; if so, what are the relevant details CO124?
Whether her department will increase its security involvement on the Lesotho, Mozambique, Zimbabwe and Swaziland borders in order to combat stock theft and other cross-border crimes; if not, why not; if so, what are the relevant details CO126?
<fn>GOV-ZA.326631409billEn.2012-02-10.en.txt</fn>
Public Sen'ice Broadcasting Bill ]()(}9 different tariffs are appropriate to and commensurate with the various broadcasting services to which they relate; (a) carry public broadcasting services, including educational. commercial and community services[ .], (b) provide broadcasting signal distribution with a national geographic coverage area in the interest ofuniversal service and access bv 110 later than 01 November 2011; and (c) Provide quarterly reports to the Authority on its compliance with paragraph (d) until national geographic coverage has been achieved. (c) by the addition ofthe following subsection: "(4)The Authoritv must conduct public hearings, at least biannually, in respect ! of the common carrier's compliance with the subseetion (3)."
Act No. 58 of 1962 IncomcTax Act, 1962 Amendment ofsection 5 by the insertion ofthe following subsection: "(1 B) (a) There shall be paid annually for the benefit ofthe Public Service Broadcasting Fund contemplated in the Broadcasting Act, 1999 (Act No.4 of 1999) , a public service broadcasting levy as contemplated in paragraph (b). (b) The public service broadeasting Icvy is applicable where the taxable income ff.."
The Minister ofCommunications, after consultation with the Minister ofFinance and approval hy Parliament, may by notice in the Gazette, increase the public service broadcasting levies in pamgmph (b).
<fn>GOV-ZA.326661447En.2012-02-10.en.txt</fn>
The only cost that will be incurred at this stage is the cost of publication of the Bill in the Government Gazette for public comments, which costs will be defrayed from the Departments budget.
4.1 The State Law Advisers and the Department of Human Settlements are of the opinion that this Sill must be dealt with in accordance with the procedure established by section 76(1) or (2) of the Constitution of the Republic of South Africa, 1996, since it falls within functional areas listed in Schedule 4 to the said Constitution, namely "Housing".
4.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.326661448En.2012-02-10.en.txt</fn>
falls within functional area listed in Schedule 4 to the said Constitution. namely "Housing".
4.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act. 2003 (Act No. 41 of 2003). since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.327461568En.2012-02-10.en.txt</fn>
I, (name of senior manager) hereby appeal against the finding and! or sanction imposed on me in terms of the Disciplinary Code and Procedures on (date) at (place).
I attach a copy of the final outcome of the disciplinary hearing.
J wish! do not wish (CHOOSE ONE) to provide additional evidence not available at the time of the disciplinary proceedings.
<fn>GOV-ZA.3278901En.2012-02-10.en.txt</fn>
What are the benefits of being a member of the Brazil, Russia, India, China and South Africa (BRICSA) group with regard to (a) trade, (b) productive investment, (c) industrialisation, (d) value adding along the productive chain exports and (e) the priority of accelerating employment NO827?
Whether, in light of the Public Protector's findings on 22 February 2011 that the conduct of a certain person, (name and details furnished), was improper, unlawful and amounted to maladministration, the said person is still fit to serve the country in his current capacity; if not, what is the position in this regard; if so, what are the relevant details NO632?
Given the history of this country where people who were fighting for freedom were killed by an undemocratic regime, what are the reasons for his Government's initial silence when the regime of Colonel M Gaddafi killed hundreds of people who were rising up against his regime NO790?
Thursday, 17 March 2011 2 4.
What outcome will he set out to achieve at the 17th Conference of Parties (COP 17) in eThekwini later this year and (b) how will such an outcome build on the successes of COP 16 NO828?
What is the Government's position with regard to the Ivory Coast's election stalemate, (b) what is the rationale for this position and (c) how does it relate to the positions of the African Union and the Economic Community of West African States NO774?
Whether the Government supports the use of national demographics as the determining factor for affirmative action, irrespective of the demographics of a particular province or region; if not, what is the position in this regard; if so, what are the relevant details NO832?
<fn>GOV-ZA.327901611En.2012-02-10.en.txt</fn>
The legislation and functions identified in item 1.7 of the Schedule to Proclamation 44 of 2009, published in Government Gazette No. 32367 of 1 July 2009 is not amended by this Act insofar as the specific statutory functions assigned to the Minister of Higher Education and Training in relation to Further Education and Training Colleges and Adult Basic Education and Training Centres are concerned.
This Act is called the Basic Education Laws Amendment Act, 2009.
<fn>GOV-ZA.3285921En.2012-02-10.en.txt</fn>
whether funding for provinces and municipalities will be consolidated into the Equitable Share distributions at the end of the three year period; if not, why not; if so, what are the relevant details CW97?
The National Pathology Services grant is the only capital related grant that will be phased out from 2012/13. The grant was a temporary grant targeted at recapitalising pathology services. The grant is phased into the provincial equitable share to allow provinces to continue to finance the operational costs of pathology services.
The School Infrastructure Backlogs grant was introduced on 1 April 2011 and allocated R8.2 billion over three years to eradicate unsafe school structures and eradicated water, sanitation and electricity backlogs at schools.
An additional R3.
No municipal infrastructure grants will be phased out over the next three years.
Urban Settlements Development Grant is allocated an additional R2 billion over three years to support informal settlement upgrading.
Public Transport Infrastructure and Systems Grant is allocated R2.5 billion over three years to plan, upgrade and expand integrated public transport.
The decision to phase in the School Infrastructure Backlogs Grant will only be taken during the 2011 budget process.
<fn>GOV-ZA.3286191En.2012-02-10.en.txt</fn>
Date reply submitted: 11 March 2011 14.
whether he will visit such police stations to assess the situation; if not, why not; if so, what are the relevant details?
I have been informed that, following the visit of the National Council of Provinces to these two police stations, the SAPS management in Limpopo have implemented measures to address the problem.
Witpoort - Two posts of police officials were advertised during September 2010. The two members are now undergoing police training course at Tswane police academy. In the interim, 11 students have been sent to Witpoort to do their field training and will assist to beef-up the current police strength until July 2011 when they have completed their field training. No support personnel have been recruited as yet, however they will receive attention in the 2011/12 financial year.
Villa Nora - Three additional personnel have been appointed to improve service delivery at this police station. Three posts of police officials were advertised at Villa Nora. These posts will be filled during July 2011.
It is envisaged that all posts listed above will be permanently filled within the next six months.
With regard to a visit by myself to the stations in questions, I wish to point out that during the course of my work I regularly undertake visits to police stations around the country. In addition the Civilian Secretariat for Police has recently embarked on visits to police stations to assess service delivery issues and will report back to myself on the outcome of these visits. Given the number of police stations in the country it is important that we try to visit as many stations as possible and this includes stations not visited by Parliament because it is often these stations that have not received attention.
<fn>GOV-ZA.3286241En.2012-02-10.en.txt</fn>
Whether her department has taken any steps to upgrade the facilities of defence force members in the (a) training bases and (b) accommodation places; if not, why not; if so, (i) what progress was made and (ii) how much has been spent thus far?
We are engaged in extensive upgrading of our facilities and to just mention a few, we are dealing with two military hospitals where we had to upgrade them. We are dealing with SA Military Battalion base in Mpumalanga etc. In all, I think that we prioritised about 10 projects.
As of this year we have budgeted for an average of R425 million to deal with the upgrading of our facilities. I need to indicate to the member that unfortunately, we are tied in a relationship where we are dependant on the Department of Public Works, to do all the repair work and maintenance for the Department of Defence. We are hoping that we can move towards a situation and the relationship with the Department of Public Works, where they will understand that it is possible for us to upgrade our own facilities. We are working on a Memorandum of Understanding in that regard.
We are hoping also that from this year, we can put aside R1 billion which have been given to us to deal with upgrading of our facilities and annually we can put aside R1 billion for the next 15 years. If we are all still here in the next 15 years, we would have the kind of the state of the art accommodation in the defence force that I think they deserve, that is what we have budgeted for.
<fn>GOV-ZA.3286481En.2012-02-10.en.txt</fn>
Honourable Member, Government, through the Department of Social Development, and its key strategic partners established the National Action Committee for Children infected and affected by HIV and AIDS (NACCA). This is a coordinating multi-sectoral structure comprised of government departments, civil society organizations, development agencies and donor organizations. One of the objectives of the National Action Committee is to provide a national coordinated community based response to issues affecting children infected and affected by HIV and AIDS, in line with the National Strategic Plan for HIV and AIDS and STI 2007 - 2011.
The home and community based care and support programme, is one of the strategies adopted by Government to provide comprehensive health and social services to children infected and affected by HIV and AIDS and their families. This programme ensures that children infected and affected by HIV and AIDS have access to services in their homes or community. The services provided include psychosocial support, material assistance, bereavement counseling and support, advocacy for the promotion and protection of rights regarding access to services, information and awareness, capacity building, protection from abuse and other forms of maltreatment.
Hospices provide their services in accordance with the Home and Community Based Care and Support guidelines. They have in-patient and outreach services for people of all ages infected and affected by HIV and AIDS, including children. Provision is made for short term admissions for very ill patients of all ages, as well as respite care for their caregivers. Caregivers in hospices do home visits to provide ongoing care and support to patients in their homes.
Yes, teacher unions and school governing bodies were consulted and the issues raised included psycho-social support for HIV positive learners and confidentiality in such discussions.
Issues of confidentiality are catered for in the procedures and protocols on testing. All persons involved in the counseling and testing procedures have to adhere to these protocols.
Government seeks to ensure that there is adequate support for HIV positive learners and we are also encouraging organs of civil society to assist in this regard.
<fn>GOV-ZA.3287351En.2012-02-10.en.txt</fn>
Honourable Member the South African Government did not transfer any money to the Government of Zimbabwe in 2010.
The Honourable Member could be referring to the R300 million that was transferred to the Inclusive Government of Zimbabwe comprised of the ZANU PF and the two MDC formations in 2009 as South Africa's contribution to the Short Term Emergency Recovery Plan of Zimbabwe (STERP) following the 30 March 2009 SADC Extraordinary Summit's call to all its Member States to support STERP in the form of budget support, credit lines, etc.
The support from our Government took the form of a targeted contribution to the 2009 budget of the Zimbabwean Government. This contribution was governed by a Memorandum of Understanding signed by the respective Ministries of Finance of the two countries. As provided for in this Memorandum, the funds were transferred to the Zimbabwe Ministry of Finance in three equal tranches of R100 million in May, June and August 2009.
The beneficiary sectors of this contribution included monetarisation (conversion of Zimbabwe dollars held in private bank accounts to US dollars) and assistance to vulnerable groups (the aged and orphans).
In this regard, the South African Government has no regrets as the funds were accounted for; and used for the purposes for which they were intended.
<fn>GOV-ZA.3287601En.2012-02-10.en.txt</fn>
Date reply submitted: 11 March 2011 125.
whether the police in rural areas are engaging communities to expand the net for curbing stock theft; if not, why not; if so, (a) what is the response of rural communities in this regard and (b) what are the further relevant details?
Yes, the Rural Safety Strategy that was recently developed to enhance safety and security levels in rural areas is being rolled out at a provincial levels. The Plan will be implemented from 2011. The Strategy has already been launched in Gauteng and launches are being planned in the other provinces.
Enhancing service delivery and accessibility to policing in rural areas, is an objective of the South African Police Service and this involves increasing both human and physical resources in rural areas. As part of this objective an intensive audit of all resources in rural areas, to identify resource needs and establishment of a resource base will be undertaken. During this audit, the current police station buildings, available resources and personnel allocated to the rural areas, will be assessed.
Building and upgrading of police stations will be addressed, as part of the long term Infrastructure and Capital Asset Plan of the South African Police Service and includes police stations in rural areas.
According to the Medium Term Human Resource Management Plan, the personnel strength of the South African Police Service will be expanded. As part of this process, newly recruited members will be placed at identified police stations, in rural areas.
The South African Police Service is constantly engaging with the communities concerning crime, including stock theft. This engagement with the community is further entrench through the roll out of the Rural Safety Strategy.
Rural community generally support crime prevention and other activities, at local level. Due to the unique conditions that exist in rural areas, the involvement of the community in Sector Policing and other crime prevention initiatives will be implemented as part of the roll out of the Rural Safety Strategy.
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Date reply submitted: 11 March 2011 126.
Whether his department has any partnership with other role players and stakeholders to combat drug, substance and alcohol abuse in the Western Cape; if not, why not; if so, (a) who are the stakeholders and (b) what progress has been made thus far in this regard?
Ongoing integrated programmes are held in the identified areas with the stakeholders. SAPS in partnership with the Cape Town Drug Action Committee are in the process of establishing 8 Sub Drug Action Committees.
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Date reply submitted: 11 March 2011 3.
Whether his department is proceeding with the renovations and construction of the multimillion rand lease of Sanlam Middestad Centre before the report on the investigations by the Public Protector and the Special Investigating Unit is made public; if not, what is the position in this regard; if so, what are the relevant details?
No, the Department has not done anything regarding the renovations and construction at Sanlam Middestad Centre.
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The 2010 FIFA World Cupâ is showing the true colours of South Africans as they make their contributions, small or big, to ensuring the World Cup is a success.
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Our efforts to massively reduce poverty and roll back the extreme inequalities of the apartheid era have only begun to take effect. We need a long term perspective, focus and determination to realise our vision. Growth and development, strengthening institutions, nation-building and the making of a developmental state are long term projects. They do not happen overnight. A single term of government is too short a time to complete our project of building a prosperous, non-racial, non-sexist and democratic South Africa, where all citizens can share in the fruits of opportunity.
Lack of a coherent long term plan has weakened our ability to provide clear and consistent policies. It has limited our capacity to mobilise all of society in pursuit of our developmental objectives. It has hampered our efforts to prioritise resource allocations and to drive the implementation of government's objectives and priorities. In addition, weaknesses in coordination of government have led to policy inconsistencies and, in several cases, poor service delivery outcomes.
This Government is determined to fix these weaknesses. Critically, it will work with all social partners to mobilise society in pursuit of objectives that are broadly accepted and enshrined in our Constitution. More focus on planning and more attention to coordination are related interventions to remedy what has not worked.
The establishment of a National Planning Commission is the embodiment of government's efforts to improve long term planning and rally the nation around a common set of objectives and priorities to drive development over the longer term. This revised green paper sets out the role and purpose of the National Planning Commission, describes how it would work and interact with government and the broader society and presents an institutional framework to support the work of the Commission.
On 12 August 2009, Cabinet approved the release of the Green Paper: National Strategic Planning, for public consultation. The Green Paper was launched at a press briefing on 4 September and officially tabled in Parliament on 8 September. Parliament established an Ad Hoc Committee to solicit comments and representations from organisations, institutions and individuals as part of a broader public engagement process.
The Ad Hoc Committee concluded its work and presented its report with recommendations to the National Assembly on 12 November for debate. After extensive debate, the National Assembly noted the report. The main recommendation of the Ad Hoc Committee is that Parliament supports the Green Paper and the primacy of Cabinet as the final arbiter and ultimate collective decision-making body responsible for all major policies and plans.
A consultation process should be embarked on to clarify matters such as the appointment and role of Commissioners. Clarity should be provided on the role and responsibility of Cabinet Ministers, in relation to the National Planning Commission.
The Minister in the Presidency: National Planning Commission should clarify the process to be undertaken in the appointment of Commissioners, as envisaged in the Green Paper: National Strategic Planning.
A pronouncement should be made on whether a white paper process will ensue.
Consistency and a common understanding should be ensured in the usage of concepts such as Policy, Planning, Co-ordination, and Implementation; in order to prevent interchangeability that results in undue confusion.
To structure the relationship between the National Planning Commission and the Performance Monitoring and Evaluation functions so as to ensure complementarities, and the implementation and measurement of the same objectives across government.
Consideration should be made on the role of Parliament to provide a national platform for public participation.
Consideration should be made on a proposed role for Parliament to recommend nominations for the appointment of Commissioners to the National Planning Commission.
At about the time that the Ad Hoc Committee finalised its report, the Select Committee on Finance of the National Council of Provinces also produced its report and recommendations. It too supported the Green Paper and proposed that the President or Deputy President chairs the Ministerial Committee on Planning and that clarity needs to be given on how the NPC will work with departments and external stakeholders.
The Green Paper was also discussed at a political level by the ruling party and its alliance structures. Again, these processes reaffirmed the commitment to planning, to the establishment of a National Planning Commission and to the primacy of Cabinet as the seat of decision making in government.
The Revised Green Paper responds to some of the recommendations and concerns raised by the Ad-hoc Committee. It deals only with the National Planning Commission and provides options and recommendations on the key debates raised in the hearings. It also sets out the role and functions of the National Planning Commission, its establishment, composition, its operations and proceedings and related matters.
The idea that South Africa needs a well articulated national vision and long term strategic plan received widespread support during the public hearings and subsequent political engagements. Furthermore, South Africa needs well researched, eVidence-based input into the policy process on broad cross-cutting issues that have long term implications for our development, such as water security or energy mix.
The first output of the National Planning Commission is to draft a Vision 2025 and a long term strategic plan. The Vision 2025 will be an articulation of the type of society all South Africans would want to see in about 15 years time. It would set out the high level aspirations for the nation in terms of social, economic and political development. The long term strategic plan would be the plan to achieve that vision. It will attempt to define the path to achieve the particular objectives set out in the vision, defining the issues, weighing the trade-offs and putting together a coherent plan to achieve our long term aspirations.
Why do we need a vision and a long-term strategic plan?
The mobilisation of society around a commonly agreed set of long-term goals is a key aspect of a successful developmental state.
Greater coherence in government's work between departments and across spheres can only be achieved if there is a common understanding in enough detail of the long-term objectives and direction of our society.
Longer term planning provides longer term certainty, improving the quality of decision making for all parts of government -from national to local -and for the private sector -from big businesses to small. A national vision that is Widely understood and agreed on will encourage a longer term view from all key institutions, allowing them to invest with greater confidence in buildings, equipment and their employees.
Providing a basis for trade-ofts between competing objectives and facilitating sensible sequencing of major decisions.
How far will we have reduced poverty and inequality?
How many people will be employed in what kind of jobs, and how will we care for the remaining unemployed?
How much lower will the rate of violent crime be, and how will we have achieved that objective?
How will our health be cared for, and how low will TB and HIV and AIDS infection rates have fallen?
How many children will finish school and how many will go to colleges and universities?
How many of us will need private vehicles to get to school and to work, and how will our public transport system operate?
Where will we be living How much more urbanisation do we expect and plan for Conversely, by how much do we expect the output and wealth of our rural areas to improve?
What will be the underlying growth rate, on average, that will allow us to achieve our other goals, and how will we reach that growth rate?
Given that the National Planning Commission includes external Commissioners, the NPC would produce such a document in consultation with government and broader society and present its report to government for consideration. Cabinet would be ultimately responsible for adopting a national vision and strategic plan. A clear understanding of how government works as well as independent input that clearly articulates the aspirations of ordinary South Africans are two essential ingredients of this national vision and strategic plan.
Secondly, on an ongoing basis, the National Planning Commission would produce research reports and discussion papers on key cross cutting issues that affect our development. These thematic papers will cover issues such as food security, climate change and human resource development trends and will be tabled in Parliament for discussion. The reports will be produced by the Commission working with sectoral experts both within and outside of government.
Advancing human resources for national development.
Again, these reports will contain recommendations for the executive to accept, refine or reject. The task of developing legislation, policies and programmes to implement any of the recommendations contained in these thematic papers lies with line departments, provinces and municipalities.
What type of planning is envisaged?
Planning means many things to many people. It is found in most fields from transportation and urban development to defence matters. All organisations conduct planning of some form. The construction of a bridge requires planning and so does the delivery of study material to schools. Firms plan and so do governments.
The type of planning that the National Planning Commission would concern itself with is mainly high level national strategic planning. A national strategic plan provides a road map, a set of beacons along the way in achieving a particular objective. For example, if government has a plan to reduce our carbon emissions by 2025, a national strategic plan would outline the path by which we get there, setting measurable targets for specific timeframes, outlining key policy trade-offs and setting out the sequence of decisions required in achieving such an objective.
Operational plans must take account of the broader national plan. The development of a national plan would not remove the need for the police service to continue to plan for the reduction of crime or for water authorities to continue to plan to supply water to economic centres and households.
Each department, sphere of government and state agency should therefore have planning capacity. The outcomes of their planning would feed into the development of the national strategic plan. The national strategic plan would, in turn, define high level outcomes and impacts. Sector plans would take account of the national plan and define what role sectors would play in achieving the outcomes defined in the national plan. This however does not mean that the planning horizons of all sectors should be the same, It is acknowledged that planning time-frames may differ from sector to sector with some sectors long-term plans going beyond the envisaged 15 year horizon of the national long-term strategic plan.
To illustrate, take examples of planning in respect of energy and social security.
South Africa has to make a key choice in the next few years on energy sources. Given the lead times, the nature of network industries, environmental externalities and the costs of producing energy on a large scale, long-term strategic planning will be critical. Seminal choices will have to be made early on.
A national strategic plan would help guide these decisions by clearly prioritising objectives. This would make it easier to resolve trade-offs where there are competing objectives. It would also signal clear choices about long term energy options, including the sequencing of decisions required. It would provide a policy framework for pricing regulated network services, while the actual pricing policy will be developed by respective regulatory bodies and overseen by a department which has mandate for the functional area in question. It would set targets for green house gas emissions and for the energy intensity of our economy in general.
Developing such a plan calls for detailed research including projections on energy demand and supply. That would take into account such factors as the nature of economic growth, demographics and income mobility, build programmes across the sub continent, research and development on new energy sources, spatial development dynamics and so on. The Departments of Energy and Public Enterprises and ESKOM would be critical to this; as would National Treasury and the Departments of Trade and Industry, Economic Development and Transport. A critical role would also be played by other departments, such as those dealing with mining and other economic sectors, water, the environment, international relations, science and technology. This is besides external research, academic and private sector bodies.
The national plan would provide the parameters for the Departments of Energy and Public Enterprises and Eskom to make certain choices. Together with the state-owned enterprises and regulators, they would take operational decisions. It would also signal key areas of research that further public research funding could be channelled into.
Social security reform has implications for all South Africans and for future generations. Decisions on social security reform require long-term perspectives -as seen in many advanced countries, getting the design wrong can bankrupt countries in two or three generations. Secondly, social security reform involves several areas of government's work from regulating the financial services sector to national health insurance initiatives and managing of the Road Accident Fund.
A national plan with clear objectives and priorities will ease their task. It would provide clear guidance on the sequence of decisions needed and their possible timing. It would provide a consensus view of longterm demographic trends which are critical in social security reform. It would answer such questions as, how important it is to introduce a contributory social security system, who should pay and who should benefit, and by when each specific objective should be achieved.
Departments would contribute to research in their areas of specialisation and make proposals on targets and milestones for purposes of the national strategic plan. They would need to come up with detailed plans on several fronts: retirement reform; the future shape of unemployment insurance; post retirement health care funding; taxation systems; IT and administrative systems; long term fiscal plans and so on. The existing institutions, working together, are best placed to fulfil these tasks. The national strategic plan would set parameters and milestones for the detailed work.
The distinction between plans and policies varies in different contexts. In some contexts, a plan is a detailed account of how to implement a policy -with the latter deriving from electoral mandates and ensuing choices of the Executive and/or legislatures. In this context, planning means translating policies into long-, medium-and short-term objectives, prioritising the objectives and sequencing implementation.
The planning process described in this Green Paper is mainly about providing a coherent vision and long term plan to achieve the political objectives of social justice, economic development, environmental protection and freedom and security. It is the function of the Executive to ensure that appropriate policies and strategies are developed, enhanced and applied to attain intended objectives. It is the task of line departments to develop and implement the specific policies required to achieve government's long term objectives.
It is quite conceivable that the national strategic plan will identify areas in which the quality of policies or operational plans of departments may need to be improved in order for the long-term goals to be achieved. This implies that the relationship between planning and policymaking will have to be dynamic. Building concrete walls between planning and policymaking may turn out to be counter-productive.
performing any other executive function provided for in the Constitution or in national legislation.
The NPC will be an important institution tasked with working with government on a long term vision for the country and a long term strategic plan for government. Furthermore, the NPC will also provide input on cross-cutting developmental issues that will impact on our long term success or failure as a country. Cabinet remains responsible for policy decisions including the adoption of a long term vision and strategic plan.
Advise on key issues such as food security, water security, energy choices, economic development, poverty and inequality, structure of the economy, human resource development, social cohesion, health, defence capabilities and scientific progress.
Contribute to development of international partnerships and networks of expertise on planning.
After considering the advantages and disadvantages of various options for the nature of the commission, it is proposed that the panel broadly be an expert panel but that commissioners need to be representative of the major social forces in society. The nature of the Commission cannot be one where the plan is negotiated, but instead one where a plan is developed that is based on the best evidence, in the long term interests of the country as a whole. The operating principle should be that people sitting on the Commission should be knowledgeable and representative of the diverse views in the country, but willing and able to work collaboratively to develop a coherent and consistent national plan.
Commissioners should therefore be drawn from various sectors of society based on experience, knowledge and expertise in various fields. The NPC will work under the guidance of the Minister in The Presidency to produce a long-term plan for South Africa with technical and administrative support from a Secretariat.
This advisory and expert nature of the Commission has three broad implications. Firstly, the Commission can develop an independent perspective on our long term plan unencumbered by the structures and systems of government and bureaucracy. The Commission can get the best experts on any issue to make recommendations that are in the best interests of the country's long term success. Secondly, the Commission can garner input and perspectives from a range of parties, organisations, individuals and groups to broadly reflect what all South Africans want. In this respect. it would work with Parliament to lead a national dialogue on the South Africa we aspire for. Thirdly, the Commission must interact with government to understand the capabilities, resource constraints, potential and limitations of what is possible and achievable in a specific timeframe. The Commission's interaction with the Ministerial Committee on Planning is therefore critical.
The composition should also be broadly reflective of South African society. The NPC will be a permanent institution with part-time commissioners. The mandate of the NPC will be updated and renewed periodically by the President.
How will the Commission be appointed?
Given that an expert commission is broadly the preferred approach and the need for the speedy formation of the Commission, it is proposed that the Presidency call for public nominations to the Commission and that the President appoints 20 Commissioners on the basis of their experience, knowledge and expertise in various fields.
The Ministerial Committee on Planning will be tasked with facilitating a constructive interaction between the National Planning Commission and Cabinet on our vision and long term strategic plan. Given its role, this Committee may, from time to time, meet with the full National Planning Commission. This Committee will not have decision making powers in its own right, but will advise Cabinet on, amongst other things, the outcomes of the National Planning Commission.
The Minister in the Presidency: National Planning Commission will chair the Ministerial Committee on Planning and the President will appoint the other members from the members of Cabinet.
The Minister will facilitate interaction between the NPC and the other structures that playa role in National Strategic Planning, including the President's Coordinating Council (PCC).
The National Planning Commission will have a secretariat based in the Presidency tasked with supporting the work of the Commission and the Minister. This secretariat will be composed of capable people who can manage complex research processes, consultative processes and who are skilled enough to help draft reports.
The secretariat will work with key centres of excellence in planning such as the Human Science Research Council, the Development Bank of Southern Africa, the Council for Scientific and Industrial Research, universities, research institutions and think tanks.
The typical person employed in the secretariat may not be a career bureaucrat but instead the secretariat may include people who are brought in for limited periods of time (public sector, including secondment from government departments, agencies and universities) to work on the outputs that the Commission is tasked with producing.
What role for Parliament?
During the process of tabling the Green Paper in Parliament and the ensuing comments/debate, it became evident that the character of the planning function and the composition of the structures should enjoy broad support and legitimacy. This is particularly the case with the composition of the NPC. The NPC has been assigned a key role in the development of a longterm vision and plan for the country. The process by which the NPC is appointed and its composition is therefore critical for the success of the entire national strategic planning initiative. If its composition is contested this would undermine the entire process of developing a participatory consensus building national strategic vision.
While the Commission will invite input in its own name and right, it is envisaged that Parliament will be the key facilitator of a national dialogue on a long term vision and strategic plan for the country. Parliament has the legitimacy, credibility and constitutionally mandated role to draw in a diverse range of comments from South Africans into the process of developing a national vision. The process by which an ad-hoc committee was created and public inputs received on the Green Paper was an exemplary one that could serve as a model for how the pUblic can provide both input and comment on work of the Commission.
Furthermore, Parliament is responsible for holding the executive accountable for the implementation of government's decisions and policies. In this regard, Parliament would also play an oversight role over the work of the executive in respect of planning and in particular, in the development of a national strategic plan.
Should government release a white paper on national strategic planning?
A white paper is a formal policy paper of government. It usually precedes legislation that gives legal effect to the policies. Given that there will be a degree of 'learning by doing' in the establishment of the Commission and in the development of a vision and long term strategic plan, it is proposed that government chooses not to turn the green paper into a white paper. Instead, it was agreed that a Revised Green Paper be tabled in Cabinet on 2 December for consideration and public release. This approach has the advantage that it provides a public commitment on the broad approach but still leaves room for flexibility. This is a learning process and government is likely to make mistakes along the way. It is not necessary to first construct a complete six lane highway before one can embark on a journey. The degree of formality would increase gradually as our approach evolves and becomes more institutionalised.
The Revised Green Paper: National Planning Commission is thus now published in the Gazette, proclaiming the establishment of the Commission and inviting nominations.
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President Jacob Zuma has wished the national squad well ahead of their crucial final Group A match against France on Tuesday, and has reminded South Africans that come what may, we are "already winners."
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Visitors Centre, Building no. 9 4. The address, tender number and closing date must appear on the front of the envelope.
The name and address of the tenderer must, however, appear on the back of the envelope only.
Cnr.
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Editor: Delien Burger (e-mail: delien@gcis.gov.
Speaking at a post-RICA campaign media briefing, Nel thanked the MCOs for supporting the process of encouraging South Africans to RICA their SIM cards.
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The national Coat of Arms is a series of elements organized in two distinct circles placed on top of one another.
The complete structure of the national Coat of Arms combines the lower and higher circles in a symbol of infinity. The path that connects the lower edge of the scroll, through the lines of the tusks, with the horizon above from which the sun rises at the top, forms the shape of a cosmic egg from which the secretary bird rises. It symbolizes the rebirth of our great heroic nation.
The first element is the Motto, in a green semicircle. Completing the semicircle are two symmetrically placed pairs of elephant tusks pointing upwards. Within the circle formed by the tusks are two symmetrical ears of wheat that, in turn, frame a centrally placed gold shield.
The shape of the shield makes reference to the drum and contains two human figures from Khoisan rock art. The figures are depicted facing one another in greeting and in unity.
Above the shield are placed a spear and a knobkierie, crossed in a single unit. These elements are arranged harmoniously to give focus to the shield and complete the lower circle of foundation.
Immediately above the circle of foundation, is the visual centre of the Coat of Arms, a protea. The petals of the protea are rendered in a triangular pattern reminiscent of the crafts of Africa.
The secretary bird is placed above the protea and the flower forms the chest of the bird. The secretary bird stands with its wings uplifted in a regal and uprising gesture. The distinctive head feathers of the secretary bird crown a strong and vigilant head.
The rising sun above the horizon is placed between the wing of the secretary bird and completes the circle of ascendance.
The combination of the upper and lower circles intersect to form an unbroken infinite course, and the great harmony between the basic elements results in a dynamic, elegant and thoroughly distinctive design. Yet it clearly retains the stability, gravity and immediacy that a Coat of Arms demands.
The national Coat of Arms is a series of elements organized in two distinct ovals placed on top of one another.
The motto: !ke e:/xarra//ke, written in the language of the /Xam people, literally means Diverse People Unite. It represents the nation uniting in a common sense of belonging and national pride.
Elephant tusks: These symbolize wisdom, strength, moderation and eternity.
The ears of wheat: An emblem of fertility, germination, growth and the development of potential. The ears of wheat also relate to the agricultural aspects of the earth.
The shield: The shape of the gold shield is drum-like. It has a dual function: the display of identity and of spiritual defence.
The human figures: The figures are derived from images on the Linton Stone, a worldfamous example of South African rock art. The Khoisan, oldest known inhabitants of our land, testify to our common humanity and heritage as South Africans. The figures are depicted in an attitude of greeting, symbolizing unity. It also represents the beginning of the individual's transformation into the greater sense of belonging to the nation and humanity.
The spear and a knobkierie: Dual symbols of defence and authority, they also represent the powerful legs of the secretary bird. The spear and knobkierie are lying down, symbolizing peace.
The protea: An emblem of beauty of our land and the flowering of our potential as a nation in pursuit of the African Renaissance. It also symbolizes the holistic integration of forces that grow from the earth, nurtured from above.
The secretary bird: The secretary bird is characterized in flight, the natural consequence of growth and speed. It is a powerful bird whose legs - depicted as the spear and the knobkierie - serve it well in its hunt for snakes. It is a symbol of divine majesty. Its uplifted wing is an emblem of the ascendance of our nation, while simultaneously offering us its protection.
The rising sun: An emblem of brightness and splendour, the sun symbolizes the promise of rebirth, the active faculties of reflection, knowledge, good judgement and willpower. It is the very symbol of the source of life, light and the ultimate wholeness of humanity.
<fn>GOV-ZA.32SchoolsMiniWorldCupSemiFinalsEn.2012-02-10.en.txt</fn>
The 32 Schools Mini World Cup Semi-Finals and Finals will be staged from the 14th to the 15th May 2010 in Botshabelo and Bloemfontein respectively. The last stages of this tournament are being staged as part of the build-up in the last remaining few days (24/25 days) before the 2010 FIFA World Cup kick-off.
Retrieved from "http://www.sac.fs.gov.za/mw/index.
Tenders - NEW!
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<fn>GOV-ZA.32sbtamediarelease131006shortversionEn.2012-02-10.en.txt</fn>
Kindly take note that by Government Notice 1035, published in the Government Gazette No. 29299 on 13 October 2006, the Minister of Finance has issued an exemption from the reporting obligations under section 29 of the Financial Intelligence Centre Act No 38 of 2001 (the "FIC Act"), in respect of the Small Business Tax Amnesty and Amendment of Taxation Laws Act, 2006 (Act No 9 of 2006) (the "Small Business Tax Amnesty Act").
The South African Revenue Services (SARS) issued a tax amnesty to small businesses that are non-compliant with tax legislation. The amnesty covers businesses with a turnover not exceeding R10m and covers the full spectrum of small businesses, i.e. sole proprietors, partnerships and certain unlisted companies and trusts.
The amnesty applies from 1 August 2006 to 31 May 2007.
In terms of the FIC Act, a person who carries on a business, is in charge of or manages a business, or is employed by a business, has a duty to report a suspicious transaction to the Financial Intelligence Centre, where that business is a party to a transaction that may involve an investigation of tax evasion or any other duty or levy imposed by SARS.
The exemption applies to persons, such as tax advisers, accountants and tax practitioners, when they assist or advise a client who apply for amnesty in terms of the Small Business Tax Amnesty Act. This person will not be required to report a suspicious transaction in respect of the information disclosed to him or her by the client. The exemption applies irrespective of whether the client actually applies for amnesty or not.
The exemption does not absolve any person from liability for their own involvement in unlawful activities.
The full text of the exemption is available on the Centre's website at www.fic.gov.za.
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This Act is called the Tra nsport Law Enforcement and Related Matters Amendment Act, 2010, and takes effect on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.33081264En.2012-02-10.en.txt</fn>
Vol. 537 Cape Town 31 March 2010 No.
No. 1 of 2010: Division of Revenue Act, 2010.
(English text signed by the President.
(Assented to 31 March 2010.
To provide for the equitable division of revenue raised nationally among the national, provincial and local spheres of government for the 2010/11 ï¬nancial year and the responsibilities of all three spheres pursuant to such division; and to provide for matters connected therewith.
''accredited municipality'' means a municipality accredited in terms of section 10(2) of the Housing Act, 1997 (Act No. 107 of 1997), to administer national housing programmes; ''category A, B or C municipality'' has the meaning assigned to each category in terms of the Municipal Structures Act; ''conditional allocation'' means a conditional allocation to a province, local government or municipality from the national government's share of revenue raised nationally, contemplated in section 214(1)(c) of the Constitution of the Republic of South Africa, 1996; ''corporation for public deposits account'' means a bank account of the Provincial Revenue Fund held with the Corporation for Public Deposits, established by the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984); ''ï¬nancial year'' means the ï¬nancial year commencing on 1 April 2010 and ending on 31 March 2011; ''framework'' means the conditions and other information in respect of a conditional allocation published by the National Treasury in terms of section 14; ''Municipal Finance Management Act'' means the Local Government: Municipal Finance Management Act, 2003 (Act No.
in relation to a Schedule 4, 5 or 8 allocation transferred to a province, means the accounting officer of the provincial department which receives that allocation or a portion thereof for spending via an appropriation from its Provincial Revenue Fund; or in relation to a Schedule 4, 6, 7 or 8 allocation transferred to or provided in kind to a municipality, means the accounting officer of the municipality; ''this Act'' includes any framework or allocation published, or any regulation, determination or request made or instruction given under this Act; ''transferring national officer'' means the accounting officer of a national department that transfers a Schedule 4, 5, 6 or 8 allocation to a province or municipality or spends a Schedule 7 allocation on behalf of a municipality.
promote transparency and equity in the resource allocation process; and promote accountability by ensuring that all allocations are reï¬ected on the budgets of receiving provinces and municipalities, and by ensuring that the expenditure of conditional allocations is reported on by the receiving provinces and municipalities.
Revenue raised nationally in respect of the ï¬nancial year must be divided among the national, provincial and local spheres of government for their equitable share 5 allocations as set out in Column A of Schedule 1.
Column B of Schedule 1.
ï¬nancial years, is set out in Column B of Schedule 2.
ï¬nancial years, is set out in Column B of Schedule 3.
2010, 30 November 2010 and 25 March 2011, in accordance with a payment schedule 30 determined by the National Treasury in terms of section 21.
authorise expenditure in accordance with section 25.
Schedule 8, specifying incentives to provinces to meet targets with regards to 15 priority government programmes.
Acts in respect of those ï¬nancial years, is set out in Column B of the Schedules referred 20 to in subsection (1).
Schedule 8, specifying incentives to municipalities to meet targets with regards to priority government programmes.
Column B of the Schedules referred to in subsection (1).
and (2) in the Gazette in terms of section 14.
ï¬nancial year that will not be altered downwards in the Division of Revenue Acts in respect of those ï¬nancial years.
ï¬nancial year, for the purpose of securing a loan or any other form of ï¬nancial or other support from that person or institution.
(a) Subsection (1)(b) does not apply to the Municipal Infrastructure Grant (Cities).
Municipalities that receive the Municipal Infrastructure Grant (Cities) are only required to report expenditure and non-ï¬nancial performance information against their capital budgets, in accordance with the requirements of section 71 of the Municipal Finance Management Act.
deposit funds only into the primary bank account of a province or municipality, or, where appropriate, into the corporation for public deposits account of a province or the bank account designated for the transfer of the Gautrain Rapid Rail Link Grant; and ensure that all other arrangements or requirements as stipulated in the Act or in the relevant framework for the particular allocation necessary for the transfer of an allocation have been complied with prior to the start of the ï¬nancial year, and are complied with throughout the ï¬nancial year.
The transferring national officer for the Human Settlements Development Grant, after consultation with the receiving officer and the National Treasury, must determine the allocations for each accredited municipality by 14 April 2010, and submit those allocations to the National Treasury by 30 April 2010, for publication in the Gazette.
complying with the framework for a Schedule 4 allocation as published in terms of section 14; and the manner in which it allocates and spends a Schedule 4 allocation.
non-ï¬nancial performance against programmes, in respect of Schedule 4 allocations other than the Municipal Infrastructure Grant (Cities); and performance for that quarter against the targets stipulated in the infrastructure performance framework that is required in terms of the allocation framework, in respect of the Municipal Infrastructure Grant (Cities).
The National Treasury must make the report submitted to it in terms of section 11(2)(b) or (c) available to any other national departments that have responsibilities relating to the grant.
submit, as part of the report required in section 40(4)(c) of the Public Finance Management Act, reports to the relevant provincial treasury on spending and performance against programmes; and submit a quarterly performance report within 30 days after the end of each quarter to the relevant provincial treasury and the National Treasury.
The receiving officer must report against programmes funded or partially funded by a Schedule 4 allocation against the relevant framework in the annual ï¬nancial statements and annual report.
The receiving officer of a Schedule 5, 6 or 8 allocation must ensure compliance with the requirements of the relevant framework.
submit a ï¬nal report on the stadium construction programme, including all expenditure and a reconciliation of those bank accounts that were used for the stadium construction programme; and attach to the report contemplated in that subsection copies of payment certiï¬cates issued in terms of the construction contract entered into by the municipality which comply with the requirements of the Municipal Finance Management Act.
Duties in respect of annual ï¬nancial statements and annual reports for 2010/11 13.
indicate the funds, if any, utilised for the administration of the allocation by 15 the receiving officer.
indicate any non-compliance with this Act or the relevant framework, and the steps taken to deal with such non-compliance.
certify that all transfers in terms of this Act to the province were deposited into the primary bank account of the province or, where appropriate, into the 35 corporation for public deposits account of a province.
contain such other information as the National Treasury may determine.
The 2010/11 ï¬nancial statements and annual report of a municipality must be prepared in accordance with the Municipal Finance Management Act.
the indicative allocations for provinces and municipalities, along with their initial threshold and performance targets, in respect of Schedule 8 allocations; and the framework for each Schedule 4, 5, 6, 7 or 8 allocation.
any revised allocations in respect of Schedule 7 allocations; and any revised indicative allocations, performance and threshold targets for the Expanded Public Works Programme Incentive Grant.
An amendment, revision, virement or re-allocation takes effect on publication thereof in the Gazette.
Despite anything to the contrary contained in any law, an allocation referred to in Schedule 4, 5, 6, 7 or 8 may only be utilised for the purpose stipulated in the Schedule concerned and in accordance with the framework published in terms of section 14.
Department of Water Affairs for the implementation of Schedule 7 allocations, may receive funds for the provision of a municipal service or municipal function on behalf of a municipality from a national or provincial organ of state except via the municipality responsible for that service or function, unless the National Treasury approves otherwise in respect of municipalities it deems to have low capacity.
A receiving officer must request the National Treasury to amend the payment schedule referred to in subsection (4), in accordance with the procedure set out in section 22, in instances where a transfer to an accredited municipality has been withheld or stopped in terms of section 16 or 17.
The Health Professions Training and Development Grant and the National Tertiary Services Grant may not be withheld in terms of this section.
written notice of the intention to withhold the allocation; and an opportunity to submit written representations, within those seven days or that shorter period, as to why the allocation should not be withheld; and inform the relevant provincial treasury and the National Treasury.
The transferring national officer must again comply with subsection (3) when the National Treasury issues an instruction or approves a request in terms of paragraph (a).
In respect of the Human Settlements Development Grant, a receiving officer may, in consultation with the transferring national officer, the relevant provincial treasury and the National Treasury, withhold a transfer to an accredited municipality, if the conditions set out in subsection (1) exist.
A receiving officer, prior to withholding a transfer to an accredited municipality, must comply with the notice requirements stipulated in subsections (3) and (4).
A receiving officer may request the transferring national officer to seek the approval of the National Treasury that a transfer to an accredited municipality be withheld for a period longer than 30 days, in terms of subsection (5).
the provisions of this Act; or a condition to which the allocation, as provided for in the relevant framework, is subject; or if the National Treasury anticipates that a province or municipality will substantially under-spend on that programme or allocation in the ï¬nancial year.
(a) The National Treasury may, when it stops a Schedule 4, 5 or 6 allocation in terms of section 17, after consultation with the transferring national officer and the relevant provincial treasury, determine that a portion of the allocation that will not be spent be re-allocated, as the same type of grant allocation as it was allocated originally, to one or more provinces or municipalities, on condition that the allocation will be spent in the ï¬nancial year or the next ï¬nancial year.
The re-allocation of a portion of an allocation or the full allocation on condition that the allocation will be spent in the next ï¬nancial year, in terms of paragraph (a), must be deemed to be a roll-over approved by the National Treasury in terms of section 20(2)(a), and the roll-over process set out in Treasury Regulation 6.4.2 would not need to be followed.
An allocation that is converted in terms of this section must be paid to or expended on behalf of the same municipality to which the allocation was originally made.
A conversion referred to in subsection (1) takes effect on the date of publication referred to in section 14(2)(c).
The National Treasury must inform the transferring national officer and each affected receiving municipality of a conversion.
in the case of a province, against future conditional grant allocations to that province; and in the case of a municipality, against future equitable share or conditional grant allocations to that municipality.
A notice contemplated in subsection (5) must include the intended amount to be set-off against allocations, and the reasons for setting-off the amounts.
Despite anything else contained within this section, the retention of funds which should revert to the National Revenue Fund in terms of subsections (1) and (3), and which have not been approved by the National Treasury to be retained in terms of subsection (2), constitutes ï¬nancial misconduct in terms of section 34.
Any advances in terms of paragraph (c) must be set-off against transfers to the province which would otherwise become due in terms of that payment schedule.
Despite paragraph (a), the National Treasury, after consultation with the accounting officer of the national department responsible for local government, may, for cash management purposes in the municipality or when an intervention in terms of section 139 of the Constitution or section 137, 139 or 150 of the Municipal Finance Management Act is taking place, on such conditions as it may determine, approve a request or direct that the equitable share or a portion of it which has not yet fallen due for transfer in accordance with the payment schedule, be advanced to a municipality.
Any advances in terms of paragraph (b) must be set-off against transfers to the municipality which would otherwise become due in terms of the applicable payment schedule.
The National Treasury must approve the payment schedules for a Schedule 4, 5, 6 or 8 allocation transferred to a province or municipality.
The transferring national officer of a Schedule 4, 5, 6 or 8 allocation must submit a payment schedule to the National Treasury for approval before 14 April 2010.
Subject to subsection (2), a transferring national officer of a Schedule 4, 5 or 6 allocation must, within seven days of the withholding or stopping of an allocation in terms of section 16 or 17, amend a payment schedule as a result of the withholding or stopping of an allocation in terms of this Act and submit the amended payment schedule to the National Treasury, prior to any further transfers being made.
a re-allocation referred to in section 18 or in respect of the Expanded Public Works Programme Incentive Grant; or a revised indicative allocation in respect of a Schedule 7 or 8 grant, which is not listed in the Schedules referred to in sections 7 and 8, may only be made in terms of section 6(3).
The National Treasury must publish the allocations and frameworks for such allocations in the Gazette, prior to the transfer of any funds to a province or municipality.
Public Finance Management Act and subject to conditions, make an allocation to a municipality from the Provincial Revenue Fund.
The relevant treasury must publish any allocation and the conditions subject to which the allocations were made, if any, in the Gazette.
Management Act before such an adjustments budget is passed.
must be included either in the next national adjustments budget or in other appropriation legislation tabled in the National Assembly for the ï¬nancial year in which the expenditure is authorised.
An approval granted by the Minister in respect of money to be appropriated for expenditure already announced by the Minister during the tabling of the annual budget, 25 may be made subject to conditions.
The application of this section may be regulated by regulation or treasury instruction.
Grant to Provinces must, by a date determined by the provincial treasury, submit detailed infrastructure plans in a format determined by the National Treasury, to the provincial treasury, and the provincial treasury must submit the infrastructure plans to the National Treasury by 31 August 2010.
Column B of Schedule 4.
ensure that the infrastructure budgets of the receiving departments make adequate provision for operations and maintenance associated with newly constructed or upgraded infrastructure.
submit to the transferring national officer- (aa) the provisional allocations referred to in subparagraph (i); and (bb) the prioritised projects contemplated in subparagraph (i) listed per municipality to be funded from the allocations for the next ï¬nancial year and the 2012/13 ï¬nancial year.
Any proposed amendment or adjustment of the allocations published in terms of section 29(3)(b) must be agreed with the relevant category B municipality, the transferring national officer and the National Treasury, prior to the submission of the allocations referred to in paragraph (a)(ii).
Should agreement not be reached between the category C municipality and the category B municipality on the provisional allocations and projects referred to in paragraph (a) prior to 1 October 2010, the National Treasury may proceed to determine the provisional allocations and provide those provisional allocations to the municipalities concerned and the transferring national officer.
The ï¬nal allocations based on the provisional allocations referred to in paragraphs (a)(i) and (ii) and (e) must be submitted to the National Treasury by 7 December 2010.
If the transferring national officer fails to submit the allocations referred to in subparagraph (i) by 7 December 2010, the National Treasury may determine the appropriate allocations, taking into consideration the envisaged allocations for the next ï¬nancial year.
The ï¬nal allocations based on the provisional allocations referred to in paragraph (a)(i) and (ii) must be submitted to the National Treasury by 7 December 2010.
Expenditure prior to commencement of Division of Revenue Act, 2011 27. Despite sections 3(2), 7(2) and 8(2), if the annual Division of Revenue Act for the next ï¬nancial year has not commenced before or on 1 April 2011, the National Treasury may determine that an amount not exceeding 45 per cent of the total amount of each allocation made in terms of sections 3(1), 7(1) and 8(1) be transferred to the relevant province or municipality as a direct charge against the National Revenue Fund.
(a) In addition to the requirements of the Municipal Finance Management Act, the accounting officer of a category C municipality must, no later than 14 April 2010, submit to the National Treasury and all category B municipalities within that municipality's area of jurisdiction, the budget, as tabled in accordance with section 16 of the Municipal Finance Management Act, for the 2010/11 municipal ï¬nancial year, and the two following municipal ï¬nancial years.
A category C municipality and a category B municipality must, before the commencement of a municipal ï¬nancial year, agree to a payment schedule in respect of the allocations referred to in subsection (1)(b) to be transferred to the category B municipality in that ï¬nancial year, and the category C municipality must submit the payment schedule to the National Treasury.
In addition to the requirements of the Municipal Finance Management Act, the disposal by a municipality of a stadium that was built or upgraded with funding allocated in terms of the FIFA World Cup Stadiums Development Grant is subject to the approval of the transferring national officer for the FIFA World Cup Stadiums Development Grant and the National Treasury.
In respect of the Human Settlements Development Grant, the ï¬nancial and non-ï¬nancial reporting that is required to be submitted by the accredited municipality in terms of the grant framework must relate to the requirements speciï¬ed in the grant framework.
An accredited municipality must submit the required monthly ï¬nancial and quarterly performance reports to the receiving officer, the transferring national officer and the National Treasury.
The provincial treasury must reï¬ect Schedule 5 allocations separately in the province's appropriation Bill or a schedule to its appropriation Bill.
The allocations and budgets referred to in paragraph (a) must be deemed to be ï¬nal if the legislature passes the appropriation Bill without any amendments.
In the event that the legislature amends the appropriation Bill, the accounting officer of the provincial treasury must publish amended allocations and budgets in the Gazette within 14 days of the legislature passing the appropriation Bill, which allocations must align to the appropriation Bill as passed by the legislature, and which must be deemed to be ï¬nal.
Despite anything to the contrary contained in any law, a provincial treasury may, in accordance with a framework determined by the National Treasury, amend the allocations referred to in subsection (2) or make additional allocations to municipalities that were not published in terms of subsection (1) or (2).
The amended allocations and allocations referred to in paragraph (a) must be included in the province's budget documents that are submitted with an adjustment appropriation Bill to its legislature.
The provisions of subsection (2), with the necessary changes, apply in respect of allocations referred to in paragraph (b).
Where a function for which a province receives a Schedule 5 allocation is assigned to a municipality during a ï¬nancial year and the province has not appropriated funds to that municipality for the performance of that function, the province must transfer the allocation to the municipality in terms of section 226(3) of the Constitution as a direct charge against that province's Revenue Fund and must inform the National Treasury of the transfer.
actual transfers made by the province to municipalities, and actual expenditure by municipalities on such allocations.
that a payment schedule is agreed between each provincial department and receiving institution referred to in subsection (2)(a); and that transfers are made in accordance therewith; and submit the payment schedules to the National Treasury within 14 days of the commencement of the ï¬nancial year.
The accounting officer of a provincial department or municipality that receives funds from a public entity as a grant, sponsorship or donation must disclose in its ï¬nancial statements the purpose and amount of each such grant, sponsorship or donation received.
in respect of the Gautrain Rapid Rail Link Grant, the dedicated banking account conï¬guration established for the transfer of the Gautrain Rapid Rail Link Grant in accordance with the directive issued by the National Treasury under section 10(2)(a) of the Division of Revenue Act, 2006 (Act No. 2 of 2006).
Any transfer made or spending of an allocation in contravention of this Act or a framework published in terms of this Act, constitutes irregular expenditure in terms of the Public Finance Management Act and the Municipal Finance Management Act.
Despite anything to the contrary contained in any law, any serious or persistent non-compliance with a provision of this Act or a framework published in terms of this Act, and in particular, any non-compliance with section 26, constitutes ï¬nancial misconduct.
Section 84 of the Public Finance Management Act and section 171(4) of the Municipal Finance Management Act apply in respect of ï¬nancial misconduct contemplated subsection (1).
The National Treasury may, on written application by a transferring national officer, province, or municipality, exempt such officer, province, or municipality in writing from complying with a provision of this Act.
anything which must or may be prescribed in terms of this Act; and any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.
Subject to subsection (2), the Division of Revenue Act, 2009 (Act No. 12 of 2009), with the exception of sections 33 and 47, is hereby repealed.
The repeal of the Division of Revenue Act, 2009 (Act No. 12 of 2009), does not affect any duty or obligation set out in that Act, the execution of which is still outstanding.
This Act is called the Division of Revenue Act, 2010, and takes effect on 1 April 2010 or the date of publication thereof by the President in the Gazette, whichever is the later date.
(Vote 15) Development Grant associated with training of health provinces Free State recruitment of medical specialists in under KwaZulu-Natal served provinces; and support and Limpopo strengthen undergraduate and postgraduate Mpumalanga teaching and training processes in health Northern Cape facilities.
National Tertiary Services Grant To compensate tertiary facilities for the Nationally assigned function to Eastern Cape additional costs associated with the provinces Free State rendering of tertiary services provision and Gauteng spill over effects.
(Vote 16) Training function to the national Department of Higher Education and Training.
(Vote 9) of new and existing infrastructure in education, roads, health and agriculture; to enhance the application of labour intensive methods in order to maximise job creation and skills development as encapsulated in the EPWP guidelines; and to enhance capacity to deliver infrastructure.
(Vote 36) public transport services provided by provinces Free State provincial departments of transport.
(Vote 3) Cooperative Governance and Traditional Affairs Municipal Infrastructure Grant (Cities) Supplements the capital revenues of selected large urban municipalities in order to support their infrastructure investment programmes.
Works programme; and improve food Limpopo security within previously disadvantaged Mpumalanga communities.
(Vote 13) library infrastructure, facilities and services Free State disadvantaged communities) through a KwaZulu-Natal recapitalised programme at provincial level Limpopo in support of local government and national Mpumalanga initiatives.
Basic Education (Vote 14) (a) Dinaledi Schools Grant To enhance the quality of maths and science in Dinaledi schools by providing additional resources.
HIV and Aids (Life Skills Education) Grant To provide education and training for school management teams, learners, educators and other school support staff to develop, implement and manage life skills education in line with the National Strategic Plan on HIV and Aids, policies on HIV and Aids, National Curriculum Statement, drug and substance abuse and gender equity policies.
National School Nutrition Programme Grant To provide nutritious meals to targeted learners.
Basic Education (Vote 14) (d) Technical Secondary Schools Recapitalisation Grant To recapitalise technical schools to improve the capacity to contribute to skills development and training.
Health (Vote 15) (a) Comprehensive HIV and Aids Grant To enable the health sector to develop an effective response to HIV and Aids; to support the implementation of the National Operational Plan for comprehensive HIV and Aids treatment and care; and to subsidise in-part funding for the antiretroviral treatment programme.
Forensic Pathology Services Grant To continue the development and provision Conditional allocation of adequate mortuary services in all provinces.
Hospital Revitalisation Grant To provide funding to enable provinces to plan, manage, modernise, rationalise and transform the infrastructure, health technology, monitoring and evaluation of hospitals; and to transform hospital management and improve quality of care in line with national policy objectives.
Housing Disaster Relief Grant To provide emergency relief in support of reconstruction work to housing and related infrastructure damaged by storms in KwaZulu-Natal.
Human Settlements Development Grant To provide funding for the creation of sustainable human settlements.
Public Works (Vote 6) (a) Devolution of Property Rate Funds Grant To facilitate the transfer of property rates expenditure responsibility to provinces; and to enable provincial accounting officers to be fully accountable for their expenditure and payment of provincial property rates.
Expanded Public Works Programme Grant for the Social Sector To subsidise non-profit organisations in home and community based care via the provincial departments of Health and Social Development, to provide stipends to previously unpaid volunteers to maximise job creation and skills development in line with the Expanded Public Works Programme guidelines.
(Vote 19) Sport and Recreation South Africa Mass Sport and Recreation Participation Programme Grant To promote mass participation within communities and schools through selected sport and recreation activities, empowerment of communities and schools in conjunction with stakeholders and development of communities through sport.
Transport (Vote 36) (a) Gautrain Rapid Rail Link Grant To provide for national government funding contribution to the Gauteng Provincial Government for the construction of a fully integrated Gautrain Rapid Rail network.
Overload Control Grant To successfully implement the National Overload Control Strategy and ensure that overloading practices are significantly reduced.
To assist municipalities in building in-house capacity to perform their functions and stabilise institutional and governance systems.
To promote and support reforms in financial management by building capacity in municipalities to implement the Municipal Finance Management Act.
To subsidise water schemes owned and/or operated by the department or by other agencies on behalf of the department and transfer these schemes to local government.
To assist host cities with the operational response associated with the hosting of the 2010 FIFA World Cup competition.
To provide specific capital finance for basic municipal infrastructure backlogs for poor households, to micro enterprises and social institutions servicing poor communities.
To implement the Integrated National Electrification Programme (INEP) by providing capital subsidies to municipalities to address the electrification backlog of permanently occupied residential dwellings, the installation of bulk infrastructure and rehabilitation and refurbishment of electricity infrastructure in order to improve quality of supply. To implement the Electricity Demand Side Management (EDSM) programme by providing capital subsidies to licensed distributors to address EDSM in residential dwellings, communities and commercial buildings in order to mitigate the risk of load shedding and supply interruptions. To support neighbourhood development projects that provide community infrastructure and create the platform for other public and private sector development, towards improving the quality of life of residents in targeted underserved neighbourhoods (townships generally). To provide for accelerated planning, establishment, construction and improvement of new and existing public transport and non-motorised transport infrastructure and systems.
To strengthen the rural transport services by improving accessibility to essential services.
To provide capital finance for basic water supply in municipal infrastructure for affected households, micro enterprises and social institutions.
To fund the design and construction of new designated stadiums or the design and upgrading of designated existing stadiums and supporting bulk services infrastructure in the World Cup host cities.
(Vote 9) National Treasury Neighbourhood Development Partnership Grant To support neighbourhood development projects that provide community infrastructure and create the platform for other public and private sector development, towards improving the quality of life of residents in targeted underserved neighbourhoods (townships generally).
Energy (Vote 28) (a) Integrated National Electrification Programme (Eskom) Grant To implement the Integrated National Electrification Programme (INEP) by providing capital subsidies to Eskom to address the electrification backlog of permanently occupied dwellings, the installation of bulk infrastructure and rehabilitation of electrification infrastructure.
Electricity Demand Side Management (Eskom) Grant To implement the Electricity Demand Side Management (EDSM) programme by providing capital subsidies to Eskom to address the EDSM in dwellings, communities and commercial buildings in order to mitigate the risk of load shedding and supply interruptions.
Water Affairs (Vote 37) (a) Water Services Operating Subsidy Grant To subsidise water schemes owned and/or operated by the department or by other agencies on behalf of the department and transfer these schemes to local government.
Regional Bulk Infrastructure Grant To develop regional bulk infrastructure for water supply to supplement water treatment works at resource development and link such water resource development with the local bulk and local distribution networks on a regional basis cutting across several local municipal boundaries. In the case of sanitation, to supplement regional bulk collection as well as regional waste water treatment works.
(Vote 30) Human Settlements Rural Households Infrastructure Grant To provide specific capital finance for the eradication of rural sanitation backlogs targeted at existing households without access to sanitation and water.
Public Works (Vote 6) Expanded Public Works Programme Incentive Grant to Provinces for the Infrastructure Sector To incentivise provinces to increase labour intensive employment through programmes that maximise job creation and skills development in line with the Expanded Public Works Programme guidelines.
Public Works Expanded Public Works Programme To incentivise municipalities to increase labour intensive employment through infrastructure (Vote 6)Incentive Grant for Municipalities programmes that maximise job creation and skills development in line with the Expanded Public Works Programme guidelines.
<fn>GOV-ZA.3310311En.2012-02-10.en.txt</fn>
16 (3): The Commiftee proposesto exteDdtfie minimum notice period days i4 days in order to provide sufficient time to the receiving officer to D(why an allocation shouldnot bewithheld.
<fn>GOV-ZA.3311671En.2012-02-10.en.txt</fn>
The House met at 14:10.
further debates whether there are alternative mechanisms that could result in improved outcomes.
comes up with solutions as to how the existing framework can be improved to ensure efficiency of water use and the sustainability of various economic sectors that have water as a major input.
notes that this will, in turn, exacerbate job losses in all sectors of our economy with disastrous implications for the poorest in our country.
The SPEAKER: Order, hon members! Please allow the speakers to be heard. We want to hear the speakers, not the noise.
suggests a way forward to ensure efficiency and clarity of roles.
debates the Adcock Employment Index released yesterday which indicates that employment creation has stalled; and calls on government to immediately implement austerity measures so as to release further funds for infrastructure development to stimulate job creation.
That the House debates the negative impact of the labour regulations and high wage settlement in unionised industries - in particular, the public service - on job creation, with an anticipated rise in the unemployment rate in the next five years of up to 30%.
notes that this has a very serious impact on the roll-out of telecommunication infrastructure and accessibility to broadband in South Africa.
Mr M J ELLIS: Mr Speaker, I don't have a motion without notice, but the hon Blade Nzimande appears to be trying to communicate with me across the floor, and I didn't understand what he was saying. I wonder if he could make it more clear what he was trying to indicate to us. [Laughter.
The SPEAKER: Hon member, the period of floor-crossing is over. You can't cross the floor. [Laughter.] Hon members, I wish, on your behalf, to both recognise and congratulate hon MamaNjobe who is turning 80 years old today. Hon MamaNjobe, will you stand so that they can all see you [Applause.?
Ukhule kodwa ungakhokhobi. [Many happy returns.
It's not your eightieth birthday, hon Ellis.
Mr M J ELLIS: Mr Speaker, I think it is very important that the House knows whether the hon Njobe is younger or older than the hon Turok. That's all I wanted to ask. [Laughter.
The SPEAKER: Thank you. Order! Hon members, during the debate on the President's Budget Vote yesterday, the hon member Mr M S Shilowa raised a point of order about remarks made by the hon Deputy Minister of Home Affairs, the hon K M N Gigaba. Hon Shilowa contended that the inference by the hon Deputy Minister, that he had misappropriated a large sum of money, was unparliamentary, and I heard the hon Deputy Minister referring to hon Shilowa and saying "what a shameful dishonesty".
I ruled at the time that that particular phrase and other such words were unparliamentary. I did not, however, ask the hon Deputy Minister to withdraw the remarks. Having now had an opportunity to study the unrevised Hansard, I wish to further rule as follows: In responding to hon Shilowa, the Deputy Minister of Home Affairs initially said, "Were we honest" thereby implying that hon Shilowa was not. He continued in that vein, calling hon Shilowa "disingenuous", thereby implying that he was underhanded, duplicitous and deceitful. He then proceeded to use the phrase already referred to, "what a shameful dishonesty"?
The hon Deputy Minister further stated that hon Shilowa probably has the memory of "a rat". [Laughter.] This animal reference was repeated later on. As members are aware, it is unparliamentary to unfavourably compare members to animals, either by statement or by making animal sounds. [Laughter.] Quoting such an offensive reference as hypothesis does not render it parliamentary. Only then did the hon Deputy Minister proceed to utter the remarks about which hon Shilowa raised a point of order. He said, "Maybe the hon member will take this House into his confidence about the R20 million that disappeared under his watch." With this particular remark, he again imputes improper and unworthy motives to the hon Shilowa.
As has been so often said in this House, it is completely out of order to do so without bringing it before the House by way of a substantive motion. While members enjoy freedom of speech in the House, they cannot make untested allegations that would compromise a member's integrity. Furthermore, it should be kept in mind that such accusations are equally offensive and damaging if they were made indirectly.
As all of the above-mentioned remarks are in violation of Rule 63, the rule on offensive and unbecoming language, I would ask the hon Deputy Minister to withdraw all references to hon Shilowa being dishonest, disingenuous, including the reference to the misappropriation of funds and also the comparison of hon Shilowa to a rat. [Interjections.] Order, hon members! Deputy Minister, will you please withdraw those remarks?
The DEPUTY MINISTER OF HOME AFFAIRS: They are withdrawn, Speaker.
The SPEAKER: Accepted. [Applause.] Order, hon members! Hon members, there is another matter on which I want to offer a word of caution. The hon Deputy Minister, in his speech, also referred to a family member as "a family member of a certain hon member of the House." It has been the good practice in this House that the family members of an hon member, in matters pertaining to the personal life of an hon member, are not used in political rhetoric in this House. I would urge that we continue this good practice, as those people are not here to defend themselves, and it would be difficult for the member involved to do so.
Since we are in a sporting frame of mind at present, let me conclude by saying that we should play the ball and not the man or woman, as the case might be, in our political engagements. I thank you. [Applause.
The PRESIDENT OF THE REPUBLIC: Hon Speaker, hon Deputy President, hon members, thank you very much for the opportunity given to us to present the Presidency Budget Vote debate yesterday. We would also like to sincerely thank all the hon Members of Parliament for their comments.
The debate gave us in the House an opportunity to focus our attention on the fundamental role of the Constitution of our country, as the foundation of the nation that we seek to build and admire. It is this profound policy document and law that defines who we are, where we are coming from and our vision for the future. The Constitution is our national vision statement. We therefore cannot accept assertions by some hon members that we do not have a vision.
The manifesto of the ruling party, the programme of action of government as a whole, and the strategic plans of government departments are derived from the national vision statement, the Constitution of the Republic of South Africa. The National Planning Commission and other structures were established to assist us to work better and more efficiently to implement that national vision.
You will recall, hon members, that this vision is derived from decades of hard work and foresight by the ANC. The formation of the ANC was an act of great foresight. The adoption, by the same organisation, of South Africa's first Bill of Rights in 1923, which was 25 years before the adoption of the United Nations Universal Declaration of Human Rights in 1948, was similarly forward looking.
By the same measure, the adoption of the Freedom Charter in 1955, during a time of great oppression and ruthless repression, was an act requiring great vision. We should also remember that those who led the process of the adoption of the Freedom Charter at the time were thereafter arrested and charged with high treason. In other words, those who have worked for the principles that are found in our Constitution today and the democracy that we practise have always been criticised. In this case, they were, in fact, charged with bringing communism into the country. Of course, they were all acquitted because it was not true. They were describing a type of society they wanted and the society in which we live today.
Hon Minister Naledi Pandor reminded us of that vision yesterday. We have to promote the full establishment of a united, nonracial, non-sexist, democratic society in which the inherent dignity of every person is honoured, respected and upheld.
When we implement programmes designed to expand access to socioeconomic rights - such as ensuring access to water, electricity, sanitation, education, health and other rights - we are implementing the vision stated in the Constitution.
We are also proud of the fact that our Constitution is one of a very few in the world that enshrines socioeconomic rights. Many countries avoided committing themselves to that extent, but this nation did, because of the strong belief that all South Africans are entitled to dignity.
The Members of this Parliament have been elected by the people of this country to hold the executive to account, among other things. We expect therefore that the work of the Presidency, and government as a whole, will be subjected to intense scrutiny. But we should also remember that this government has been elected by the people of this country with a mandate to lead a national effort to advance the achievement of a better life for all.
The people of this country have placed in the hands of this government the responsibility of implementing a programme of fundamental social transformation. Having spoken about the national vision, we should ask ourselves: What we are doing as political parties to advance that vision This question is important for consideration of the Presidency Budget Vote?
It is critical that the resources we commit to the work of this office are used effectively and efficiently. It is critical that they are properly used and accounted for. But the Presidency Budget Vote cannot be limited to a simple accounting exercise. It is fundamentally about how we mobilise the capacity of the state to advance the interests of our people, not just for the five years of this administration, but for the next generation and the one to follow.
One of our critical tasks is to promote national unity and social cohesion. I agree with the hon Naledi Pandor that our country continues to be challenged by the need to strive for greater cohesion and stronger unity irrespective of race, gender, religion, culture and political philosophy, which will contribute to creating a better society and an improved quality of life. She is also correct in saying that each leader has a responsibility to work for this cohesion; it cannot be left to the President or Deputy President only.
We must also continue to remind each other about our painful past and our collective effort to make sure that we will never take our country back to the divisive past of racism and hatred. I know, hon members, that at times when people refer to these things, others wish we would not, because our past was indeed painful. I'm sure those who experienced that pain wish to remind this country that we cannot go back to that pain, because they know how painful it was. [Applause.
During our address to this House yesterday we said that when we buried apartheid, we also buried racism. We reiterated that we must discourage anyone, regardless of their grievances, from trying to take our country back to the divisive past of racism and division. South Africans, both black and white, have accepted each other as compatriots and live in harmony in the country of their birth.
We therefore disagree with the assertion of the hon Pieter Mulder that many South Africans experience uncertainty with regards to the future of this country. There cannot be "many" South Africans. South Africans are optimistic about this country. Despite the challenges, they remain hopeful that things will get better each day, simply because they know that there are programmes in place, and that work is continuing to change their lives.
It is our responsibility as leaders to nurture that hope and co-operative with one another to create a positive climate in which people can work together, and in which our country can succeed and thrive. As leaders, it is also our responsibility to defuse tensions and correct the wrong perceptions where they occur.
We must all make all our people comfortable and secure, and not seek to make one section of society insecure, for example by exaggerating the fears of minority communities. If we make the assertion, when we are in this Parliament, that the majority of this country is uncertain, we are actually exaggerating the feelings of the minorities. That is not correct. I think it is important to put that correctly. Otherwise, those who look at us will remain with the wrong impression - that the majority of this country is feeling uncertain. It can't be true.
We want to believe that we passed that era during the 1990s. We now have structures and platforms to work together to discuss such issues without whipping up emotions. This is important to our nation-building, which must include a change in how we look at things, and what we do at this level to help those who are not like us, who look at us and hear us and therefore take in what we say.
We become worried too when Members of Parliament, who are important ambassadors of this country, fail to appreciate the achievements and successes of this nation, simply because they do not want to be seen giving credit to the ruling party. [Applause.
The hon Malusi Gigaba raised the question of whether or not the opposition had helped the Presidency in discharging its mandate or if they had used the debate as a platform for media sound bites and finger-pointing.
The Budget Vote debate is meant to help the Presidency to perform better. A number of speakers yesterday took up that challenge.
Umntwana WakwaPhindangene [Prince of KwaPhindangene], the hon Prince Dr Mangosuthu Buthelezi, spoke about the need for a continental marketplace that would unleash the economic potential of Africa, and that would accelerate our own development. His contribution provides guidance to the Presidency in defining its priorities and deploying its resources. It provides a context in which we can place our ongoing efforts to contribute to the resolution of conflict in a number of countries.
This is the kind of constructive opposition we need, opposition that can balance achievements, and indeed, ideas to help government move forward. [Applause.] I'm saying this because I know Ndabezitha, when he wants to be critical, he stay critical. But he does not become critical permanently. [Applause.
Over the past year, the Presidency has dedicated much energy to the facilitation of conflict resolution processes, in Zimbabwe, Madagascar and elsewhere, precisely because peace and stability are critical to the kind of economic development to which the hon Shenge referred.
We agree that the biggest challenge to Africa's economic integration and development is infrastructure. Infrastructure is not only important to facilitate the movement of goods and people and intra-trade, but it is also a vehicle to create much-needed jobs. For our part, we will continue to play our role in the region and the continent, guided by our foreign policy, to contribute to the struggle to build a better and just world.
A central message that we took to the World Economic Forum meeting in Dar es Salaam, Tanzania, last week, to which the hon Shenge referred, was that in this changing and somewhat uncertain world, Africa matters and South Africa matters.
South Africa is a proven connector and a bridge, not just to the last great investment frontier, Africa, but between old and emerging powers. The economic indicators are positive and are in our favour at this point. The World Economic Forum's Global Competitiveness Report 2009-2010 notes that there has been a significant improvement in the evaluation of South Africa's financial markets, which have increased in rank from 24th last year to a very high 5th this year. [Applause.
We must use our competitive edge and our resources to the fullest to achieve our goals of creating decent work and improving the quality of life. And we must not be shy to acknowledge or speak about our achievements and positive attributes.
One of these attributes is that South Africa is rich in intellectual capital, as is evident from our world-renowned universities, research institutions, centres of excellence, technologically advanced businesses and creative sectors.
South Africa's innovations in areas such as banking for the poor, astronomy, ICT and others are recognised as playing an important role in the region's development. South Africans should be proud of these achievements.
This country's achievements, especially the size of its economy relative to the rest of the African continent, and the extent to which its businesses are integrated into the economies of Southern Africa, make it a critical economic and political player in Africa.
The impact of economic growth in South Africa is said to contribute between 0,5% and 0,75% growth in the rest of Africa.
South Africa will therefore strive to play a positive and constructive role on the continent through its drive to promote intra-Africa trade. South Africa will continue to increase levels of competitiveness with the objective of making Africa an attractive trade and investment destination and growth pole.
Hon members, we must really appreciate the fact that economic conditions continue to improve in South Africa. Data released this week confirms that the manufacturing sector is growing faster than some analysts expected. [Applause.
Our macroeconomic projections in the Budget presented by the Minister of Finance in February expected GDP growth to rise to 2,3% in 2010 and 3,6% by 2012. The Minister indicated in the Treasury Budget Vote this week that those estimates were probably too conservative, and might be revised upwards at some point.
We need to take advantage of the fact that investors who are coming out of a recession are looking at opportunities, given the fact that our economy is well managed. Having said that, the employment figures released last week also showed that some of the apparent employment gains of the last quarter of 2009 were short-lived.
Some sectors of the economy are still weak, and we again urge employers and workers in such sectors to use the measures we have introduced to save companies and to save jobs. These measures that we as government, organised business, the trade unions and the community have put in place to counteract the effects of the crisis will remain in place.
Another good news story is that various research agencies are indicating an improvement in the quality of lives of South Africans. [Applause.] The Bureau for Economic Research at the University of Stellenbosch recently reported that our economic growth since 2003 has benefited many South Africans, not just a few.
The number of black consumers identified in the poorest three categories of the Living Standards Measure fell from nearly 11 million to under 6 million in the six years from 2003 to 2009. The standards of living are improving. The number of black consumers in the top four categories of the Living Standards Measure grew from under 1,5 million to nearly 4,5 million.
While welcoming that progress, we also note that much more still need to be done. Therefore, the hon Bantu Holomisa is correct to ask: For how long, Mr President, will the millions that live in the desolate former Bantustans and townships, that were the dumping ground of apartheid, accept their lot?
In doing so, he is touching on the most critical issue that this House, this government, and this Presidency must confront more vigorously: the general living conditions of our people. This is not only a matter of social cohesion and stability. It is a matter that goes to the heart of our assertion that South Africa belongs to all who live in it. This is not just about citizenship. It is about all South Africans having an equal claim to the country, its land and its resources.
We have taken him up on that point, because it is a very important point. If you went around this country, certainly you would find that the home of poverty is the former homelands. Therefore we do need to look at that and ask: What can we do, all of us together, to alleviate the situation These are the type of ideas that we expect from the opposition. [Applause.?
On 18 May, I will meet with premiers and their MECs responsible for human settlements in a special Presidential Co-ordinating Council to focus specifically on human settlements. [Applause.] We will ponder questions such as what our understanding is of the ideal living conditions of our people, what our communities should look like and what are the challenges. We are really confronting this issue head-on.
We have provided free housing. The indications are that we have met the housing backlog in most provinces. However, in a country where many are unemployed, the houses are rented out for regular cash flow. This is according to information we have received. People are given houses; they then rent them out so that they can earn a living and create more informal settlements. That is the information we have. [Applause.
People move back into shacks in areas for which no services are planned and then they demand services there. It is important for us to understand this because we have been doing research into why the informal settlements keep on growing when we keep on providing houses.
This requires a national cohesive approach. We have to go beyond just appealing to people not to rent or sell the houses that government provides to them. We will discuss how to ensure that each house that has been allocated is occupied by the people to whom it was allocated. [Applause.] We look forward to a fruitful session using the experiences of all nine provinces.
Hon Speaker, we concur with the hon Themba Godi who reminded us that we should ensure continued pursuance of transformation and good governance. We have noted his reminder about accountability in the use of public resources, and also that we should serve our people with pride. That is the message we are sending to our public servants as we move in a new direction of doing things differently, and putting people first.
The hon Mudene Smuts raised serious concerns about the restructuring of the National Prosecuting Authority, NPA, especially reports of disbanding the specialised units. Minister Collins Chabane outlined yesterday that after signing performance agreements with the President, Ministers will, in turn, negotiate delivery agreements with all partners that are responsible for a particular outcome, and these would be concluded by July. The justice, crime, peace and security cluster is in the process of negotiating its delivery agreement. Any possible restructuring of the NPA has been deferred pending the finalisation of what the cluster must first conclude.
Let me assure the hon Smuts that we will put the interests of the country and the Constitution first in going about this very important task of ensuring that justice is dispensed fairly, impartially and effectively.
The hon Patricia de Lille wants us to release the performance agreements signed with Ministers. The process is still ongoing, as explained by both Minister Chabane and me. Ministers are still to conclude delivery agreements within their clusters. These detailed delivery agreements will clarify roles, mandates, resources and other critical information.
When asked about it by the media, I said that it is not the plan to publicise these agreements. The major point I wanted to make known is that I was going to sign agreements with the Ministers. I was merely responding to a question that was directed at me. The plan was not necessarily to publicise these agreements but it is not because these agreements are secret and cannot be published. But since there is an outcry for these agreements to be made public, I don't think it will be a problem because the outcomes of these agreements are very clear. So once these processes have been concluded, those who are interested will get to know about it. [Applause.
We therefore urge hon members to bear with us while we conclude this groundbreaking process, which will truly change the way government works.
We trust that the opposition wants access to these agreements so that they can provide advice on how to strengthen implementation, and not because they want to generate media headlines about who is performing and who is not, and who should be fired. [Interjections.] That is not the purpose of these agreements. Their purpose is to make government work faster, smarter, and harder. That is the purpose. [Interjections.
The PRESIDENT OF THE REPUBLIC: The purpose is certainly to improve and change the way government works. This is not a punitive exercise. I don't think we should understand this as a way of bringing into play punitive measures, not at all.
We reiterate that the defining feature of this administration will be to change the way government works. We want government to work faster, better and more efficiently and effectively. I am sure that those who are always pessimistic don't think this is going to happen. It is going to happen. This is not to prove a point; it is just to govern the country properly. That is the idea. [Applause.
We would greatly benefit from suggestions from Members of Parliament on how to make this exercise a success. That is what we would be keen to hear as we move forward. I am sure hon members will agree that we all have the objective of seeing a prosperous South Africa.
I have argued several times that what we differ about is the route to reach that prosperity. We do not disagree about the fact that we want a functioning South Africa. That is why I am making the point that we should therefore be asking: How do we move forward Of course, some people may feel that we must do this because we want to be in power so that we can be in the driving seat. That's absolutely correct. But let us be constructive in our role as the opposition, particularly if we don't want to be reminded that the day when the current ruling party is going to be removed from power is very, very far away. [Applause.] If it will ever come. [Applause.] It is very, very far off?
In the meantime, let us make South Africa work. Let us make South Africa a good country. That's very important. [Interjections.] Well, I'm trying not to say what I usually say because there is a Reverend here who doesn't like it. [Laughter.] Shenge!
Hon members, you will agree with me that the 2010 World Cup spirit has truly ignited unprecedented displays of national pride by all South Africans. This very House turned colourful yesterday, owing to the beautiful scarves in the colours of the national flag that we all wore, courtesy of the International Marketing Council that really wants to market South Africa. I sat there and looked at all of us and said to myself: what a wonderful thing. We are all South Africans. Whoever walked in here yesterday would not have been able to say, "This party sits here and that party sits there." Were just South Africans, under the South African flag. Wonderful! [Applause.
We acknowledge the good work of the International Marketing Council - I think it was displayed yesterday - that reports to the Presidency via Minister Chabane, the Department of Arts and Culture, the GCIS, Sport and Recreation SA, SA Tourism and other agencies that are part of a massive campaign to promote the World Cup amongst South Africans.
The branding and marketing are visible and successful. Keep up the good work. [Applause.] We urge hon members to help us take the campaign to every corner in order to mobilise South Africans to deliver a memorable and successful event.
Hon members, let me re-emphasise the need for us to work together to build our country. We have achieved a lot in the past 16 years; we just have to build on it. This country belongs to all of us.
In closing, let me borrow once again from Inkosi Albert Luthuli's speech to the Congress of Democrats in 1958. Those of us who are old enough will know that he was a man of wise words, and I'm sure Umntwana will agree as he interacted with him.
It is often suggested, quite rightly, that democracy was developed in homogeneous communities - in Europe, possibly in Asia to an extent - in communities that were homogeneous in colour. Here in South Africa we are not a homogeneous community, not as far as race and colour are concerned nor possibly even in culture. It is suggested that people in homogeneous communities can very well speak of democracy being shared; but in a community like ours, diverse in very many respects, you can't hope to share democracy. But I personally believe that here in South Africa, with all our diversities of colour and race, we will show the world a new pattern for democracy.
I think there is a challenge to us in South Africa to set a new example for the world. Let us not side-step that task. What is important is that we can build a homogeneous South Africa on the basis not of colour but of human values.
What wise words! We have actually done exactly what Inkosi Luthuli said we should do, and we are an example to the world, united in our diversity. Let us build on this - an exemplary South Africa for the world. I think we are capable of doing so. I am sure we are all up to the challenge. All of us! Working together, we can do more! All of us! I thank you, hon Speaker. [Applause.
The House adjourned at 15:12.
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The House met at 14.03.
The Speaker, Mr Max Sisulu, took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
The MINISTER OF FINANCE: President Jacob Zuma, Deputy President Kgalema Motlanthe, Cabinet colleagues, MECs for finance, the Governor of the SA Reserve Bank, Ms Gill Marcus, members of the diplomatic corps, distinguished guests, Members of the House and hon Speaker, it is my privilege to introduce the second Budget of President Zuma's administration.
Mr President, you outlined our programme of action in the state of the nation address two weeks ago.
We want to have a country where millions more South Africans have decent employment opportunities, which has a modern infrastructure and vibrant economy and where the quality of life is high.
This Budget, Mr President, reflects the collective determination of the government to address with passion and energy the challenges of creating jobs, reducing poverty, building infrastructure and expanding our economy.
The Budget sets out a financial framework for implementing this vision, a framework that is sound and sustainable. It recognises that building South Africa is a multidecade project that must invigorate our capacity to grow, and must include all South Africans in that growth.
This Budget sets us on a path, hon members, that will be neither easy nor uncontested. Hard work and difficult choices lie ahead, but the journey is certainly under way. We have embarked on the long walk to economic freedom.
ï· Freedom to work together as communities, as organised social formations, as business enterprises, and, above all, as a proud and forward-looking nation.
What does this Budget offer?
ï· thirdly, that macroeconomic stability is maintained, with necessary adjustments to support enterprise and job creation.
In tabling another weighty load of documentation today, our aim is to display transparently how South Africans benefit from government's programmes and policies and how their tax contributions are spent.
On that note, hon members, we can be proud of the announcement that South Africa was once again recently rated as the most transparent of 94 countries when it comes to the availability of Budget information. [Applause.
This Budget provides for all sectors of South African society.
For the poor, the Budget continues to expand spending on housing, rural development, better community services and social assistance grants for the elderly, the disabled and children in need.
For workers, the Budget emphasises job creation and expenditure on the "social wage," including access to health services, education, social security, transport and municipal infrastructure.
For the business sector, the Budget expands investment in modernising our infrastructure and transport logistics, accelerating further education and skills development and supporting research, technology and industrial investment.
For the small business sector, there are targeted financial and enterprise development programmes, and tax relief measures. Of course, we certainly need to do more for small business.
For the youth of our country there is expanded access and financial assistance for further education, and a range of initiatives aimed at expanding job opportunities.
All of this, and more, we must do within a sound fiscal framework. We must also recognise that we are taking steps, this year and next, on a long-term growth path, a decades-long transformation and expansion of our social and economic possibilities.
ï· Savings have again been identified in low-priority categories of spending, releasing over R30 billion to frontline service delivery allocations.
ï· Support for the Industrial Policy Action Plan is further enhanced. Tax and spending measures are proposed to improve investment and trade performance, enhance science and technology, accelerate job creation, boost small enterprise development, strengthen rural development and provide emerging farmer support.
ï· Education and skills development are bolstered over the period ahead through expanding further education colleges, student financial assistance, and a new school building programme.
ï· Spending on economic and social infrastructure of over R800 billion is projected over the next three years.
ï· A new community-based family health care programme is to be introduced as part of the national health insurance, while work is proceeding on the design and consolidation of our social security arrangements.
ï· At Parliament's request, we are tabling guidelines on long-term fiscal sustainability and debt management.
Above all, we must ask the question: What are we doing for our youth Mr Speaker, we live in an extraordinary time in human history - a time of immense transition, of profound risks, but also of great opportunities. We are in the midst of epoch-changing shifts in the global economy as large fast-growing countries, particularly China and India, have become major world producers and consumers. Their weight in world trade, finance and investment and in restructuring the world's industries affects every country, every firm and, indeed, every family?
Fast-growing economies that are raising living standards and creating jobs have one thing in common: They are continually moving into new products and improving the ways of producing the things that they want to sell to others. Adaptation to the disciplines and the productive possibilities of the new global economy opens up new opportunity for improving living standards and expanding employment. But it also presents great challenges because we have to seize these opportunities and seize them with passion.
We have taken on the responsibility to build a better South Africa. We have taken on the challenge that the legacy of apartheid left us: a legacy of disempowerment, landlessness, inequality of opportunity and outcome, and millions of unemployed young people who cannot see a realistic prospect for a decent life. Confronting these realities is not about blaming the past or denying our own shortcomings. It is about recognising that now is the time to do extraordinary things in dealing with our particular development circumstances. It requires new ideas and bold efforts from all South Africans: government, business, labour, communities and, indeed, every family member.
We must show, across the economy, the game-changing strengths we have shown on big issues before, from creating our democracy in 1994 to hosting the Soccer World Cup last year.
Now we have to ignite the flame of higher inclusive growth and, above, all sustain it. We cannot view the fact that 42% of young people between the ages of 18 and 29 are unemployed as merely a statistic. Young men and women in cities, informal settlements, towns and villages may not have jobs. Nonetheless, they possess the awareness and the ability to learn; they set new fashion trends and inspire us with their music. They have hope, and look to us to give meaning to that hope.
In response, we must take measures to ensure that our young people can look forward to decent work in productive, competitive enterprises. It means that, as government, we will continue to strengthen social expenditure, enabling families to commit to participating in education and community activities, while supporting the old and sick.
Inclusive growth means strenuous efforts to cut back poverty and shrink the inequality that continues to blight us. The South African growth path we envision is not measurable by GDP alone. It must be an inclusive growth, which especially benefits the many South Africans who have been left behind.
Inclusive growth also means addressing the climate change challenges that confront the long-term global outlook. This year South Africa will host the 17th United Nations Conference of the Parties on climate change, Cop 17. Our own efforts to green our economy, so to speak, will come under special scrutiny at that time. Mitigation initiatives are not just about reducing the dangers associated with a hotter future, but they also offer significant opportunities to create jobs and reduce costs in our economy.
And so, in mapping a New Growth Path that will lead to rapid creation of jobs, that will ensure an equitable distribution of benefits, that will reduce inequality, ignite industrial development and transform rural and urban communities, in charting this course, we are mindful of the specific realities of our own circumstances and the changing shape of the global economy.
We want to build a nation free from hunger, disease and poverty, free from ignorance, homelessness and humiliation, a country in which there is peace, security and jobs.
It is time to celebrate and embrace the potential of our unemployed young, knowing that they are our future. How we meet this challenge will shape the quality of life that our children and their children will enjoy in the decades to come.
Mr Speaker, there are encouraging signs of stronger recovery in the global economy as we enter 2011. But it remains essentially what is now called a two-speed recovery. There is moderate growth in the United States and slower growth in parts of Europe, whereas China and many other emerging economies continue to expand quite rapidly.
The roots of this divergent growth pattern lie in the unbalanced structure of world growth in the years leading up to the financial crisis. World growth came to rely too heavily on countries that exhibited overly high consumption, financed by countries with high savings and large trade surpluses.
The financial crisis and subsequent recession brought painful adjustments. However, the shift in world trade, investment, manufacturing, incomes and consumption is a structural transition that will take many years, as a multipolar world evolves.
Until the turn of the century, developing countries accounted for about 20% of global output. This will increase to 40% by about 2015. So the world is indeed changing and the balance, if you like, is moving eastward and southward.
Developing economies in Africa, Latin America and South Asia will play an increasingly important role in the global economy in coming years as incomes rise and poverty falls.
South Africa's invitation to join the Brazil, Russia, India, China, Bric, economies reflects this broadening of the sources of economic growth. Over the next five years, these economies will account for 36% of world economic growth. We have to construct our own growth and development strategies to propel our economy forward, create jobs and, above all, compete on the global stage.
ï· Supporting rural development and regional integration.
The latest estimate released yesterday by the Statistician-General is that the domestic economy grew by 2,8% in 2010. Strong commodity prices, low interest rates, and faster global growth have been the main forces behind our economic recovery. Improving household consumption and accelerating investment will support an increase in economic growth over the medium term. Real GDP growth is projected to reach 3,4% in 2011, 4,1% in 2012 and 4,4% in 2013.
Steady employment gains - though inadequate - of about 2% a year will raise disposable incomes, supporting household consumption and investment.
Private gross fixed-capital formation - this is investment in our economy - increased in the second and third quarters of 2010, a positive sign and a marked turnaround after five successive quarters of decline. Total investment is expected to grow by 3,9% this year.
The buoyancy of the investment recovery is an important determinant of future economic growth. Real growth in exports is expected to average 6,5% a year over the medium term as commodity exports benefit from strong demand and high prices.
Inflation is forecast to remain within the target range of 3% to 6%, edging towards the upper end of the range in 2013 as the economy strengthens.
However, increasing food and oil prices represent serious risks to the inflation outlook. The price of Brent Crude reached US$107 yesterday. Further increases will put upward pressure on prices more broadly.
The improved terms of trade for South Africa contributed to a better current account deficit for 2010 than was expected a year ago. As it widens from the 3,2% of GDP expected this year to 5% in 2013, we would like it to reflect rapidly rising investment rather than higher consumption.
Mr Speaker, the growth and transformation of financial markets in recent decades have seen increased volatility of exchange rates and capital flows. Global commodity markets now account for significant fluctuations in prices for our energy imports, mineral exports, and food supplies.
The macroeconomic environment facing South Africans - through interest rates, exchange rates, inflation, and credit conditions - can be destabilised by those international shocks. Once again, there is a prospect that something that has nothing to do with how we manage our economy can act as a disruptive factor. The macroeconomic policy's task is to provide a stable and predictable economic environment by offsetting such shocks as far as possible.
Our monetary policy, designed to target inflation, has been conducted successfully by the South African Reserve Bank, achieving the current low rate of inflation and interest rates.
Fiscal and monetary policy will continue to work in partnership. Monetary policy, conducted by the Reserve Bank, will continue to be focused on controlling inflation, and we will continue to ensure that fiscal policy is countercyclical within a sustainable long-term framework.
Movements in the exchange rate affect different sectors of the economy in different ways, and present difficulties in macroeconomic policy for many countries. Recognising the impact of rand strength on the manufacturing industry, in particular, we announced measures in October, during the Medium-Term Budget Policy Statement, MTBPS, to moderate the potential effect of capital inflows.
ï· Firstly, we said that foreign exchange regulations were amended to permit greater foreign investment by South African institutions and individuals.
ï· Secondly, we stepped up foreign exchange purchases by the Reserve Bank, and this has helped to moderate upward pressure on the rand.
As a result of these policy adjustments and in line with shifts in investor sentiment globally, the rand depreciated from December 2010 to mid-February 2011 by about 10% on a trade-weighted basis.
During 2010 South Africa received net inflows of R92 billion in liquid foreign capital, which contributed to upward pressure on the exchange rate. However, since December last year, South Africa experienced some reversal in these capital flows. Along with uncertainties and volatility in global financial markets, this contributed to the depreciation of the rand.
Furthermore the increases in oil and food prices I referred to earlier pose significant risks to the inflation outlook both globally and domestically. Government will continue to assist the Reserve Bank to accumulate foreign exchange reserves when market conditions are favourable and engage in foreign currency swaps to moderate the effect of capital flows on the exchange rate.
In 2010, for example, we spent R53 billion assisting the Reserve Bank and using some of its own resources in order to balance this volatility in the rand.
Overly rapid currency depreciation carries risks to macroeconomic stability, however, and so we expect the Governor of the Reserve Bank to be vigilant in monitoring inflationary pressures and ensuring that monetary policy is effective in meeting our inflation targets. The credibility of monetary policy in achieving our target inflation range, combined with our commitment to fiscal discipline, are important foundations for moderating exchange rate volatility which, in itself, is important for better growth in South Africa.
Changes in the volume and direction of capital flows may be significant over the year ahead, and are largely beyond our control or influence. We will allow the actions announced in the MTBPS to have their full effect and continue to monitor capital flows.
Other countries also experienced high capital inflows in 2010. Several, including Brazil, South Korea, and Thailand, introduced tax or regulatory measures to deter those investment flows and currency speculation. We have examined these options and their impact, and will continue to monitor the adjustments made in other countries, while recognising that circumstances vary from country to country.
National Treasury is very cognisant of the risk of financial instability and currency volatility that can arise from large capital movements. If necessary, appropriate steps to moderate these effects will be taken together with the Reserve Bank.
Mr President, you pointed out in your state of the nation address that our financial sector proved to be remarkably resilient in the face of the recent financial crisis and the global economic meltdown. In line with global developments, there are further steps to be taken to enhance the regulatory framework and improve financial services. The proposed reforms include a shift to a "twin peak" system of financial regulation, with market conduct under the Financial Services Board, and prudential regulation in the Reserve Bank. An interagency financial stability oversight committee will be formed, and a council of financial regulators. A policy discussion paper sets out the new framework for how the financial sector could better serve South Africa.
Among the issues to be addressed are the findings of Judge Jali's inquiry into competition in banking - findings that are echoed by many people's complaints that bank charges are high and opaque.
We do not fully understand the complexity of the payment systems for credit and other cards but there does appear to be considerable leeway in reducing costs to the customer, including the elderly.
I have met with the chief executives of our banks to take up this issue, and I believe it is time to put in place measures that will ensure that banking charges are fairly set, are transparent and do not create undue hardship. [Applause.
As part of the work of modernising and harmonising our investment framework, Treasury is releasing two further discussion papers, one on the regulation of foreign direct investment, and another on the prudential framework for institutional investors. We look forward to consultation with stakeholders on these issues over the coming months.
South Africa adopted a countercyclical fiscal stance two years ago, ahead of the crisis. We entered the recent recession with a healthy fiscal position - we have to thank Minister Manuel for that - and a comparatively low level of debt. This allowed us to maintain government spending despite a sharp deterioration in revenue.
Government spending continues to grow over the next three years, though at a slower rate than in the recent past. Since the MTBPS last year, several additional spending allocations have been made. They include a provision to respond to the damage caused by last year's floods.
The impact of slightly slower growth in revenue and the additional expenditures as a result caused a deficit for the next year of 0,7% of GDP higher than we projected in October. The trend remains downwards, however, with a deficit of 3,8% of GDP expected in 2013-14. This reduction in the deficit over the next three years is consistent with stabilising the growth in our debt and the conduct of a countercyclical fiscal policy. National government net debt is set to rise from R526 billion at the end of 2008-09 to over R1,3 trillion in 2013-14. I don't know how many noughts those are!
Mr Speaker, to ensure that our spending on schools, hospitals and roads is not crowded out by an ever-rising interest burden, government debt needs to be managed sustainably. We don't want an unmanageable increase in expenditure, nor do we want the severe austerity measures some Western countries have had to adopt.
In view of these considerations, Parliament asked the National Treasury to investigate how we might reinforce long-term sustainability of our public finances.
ï· The first is a countercyclical fiscal stance, to counteract variations over the business cycle. What this simply means is that there will always be times when growth is good and revenue is good and there will be times when growth is not so good and revenue is poor. We need to save in the good times and spend in the bad times. And how we manage these cycles as they go on is the crucial challenge that this countercyclical fiscal policy will allow us to meet.
ï· The second is long-term debt sustainability, to ensure that financing costs do not crowd out expenditure on public services. By this we mean we can borrow, but we must make sure that the interest that we pay on our debt does not become so huge that we do not have enough money to spend on housing, welfare, education and other priorities in South Africa.
ï· The third is intergenerational equity, so that our children's wellbeing is not compromised by short-term interests. It is easy to borrow now, but future generations will have to pay for that borrowing. So we need some balance. [Applause.
Developing fiscal and budgetary guidelines will strengthen parliamentary oversight, encourage transparency and enhance accountability.
Mr Speaker, in respect of the Division of Revenue, our Constitution sets out criteria for the sharing of nationally-raised revenue between national departments, provinces and municipalities. Proposals for this division are set out in the Division of Revenue Bill that is in this pack.
Total expenditure from the National Revenue Fund of R889 billion is provided for in 2011-12, which is 9,8% more than the revised estimate of the current financial year.
ï· Firstly, debt service costs will amount to R77 billion, rising to R104 billion in 2013-14. Though our overall debt burden remains moderate, the size of the budget deficit at present results in debt service costs rising faster than any other category of spending over the period ahead.
ï· Secondly, in keeping with established practice, the budget framework includes an unallocated contingency reserve of R4 billion this year. This allows for unforeseeable and unavoidable spending requirements next year, and future policy priorities over the medium term.
ï· Thirdly, this leaves R808 billion to be allocated between national, provincial and local government in 2011-12. Minister Sisulu, only R808 billion. [Laughter.] National departments are allocated 47% of the total, provinces 44% and municipalities just under 9%. Remember that municipalities are also supposed to generate their own revenue. National transfers to local government have increased substantially, and will amount to over R70 billion in budgetary assistance and infrastructure grants in 2011-12.
Mr Speaker, the proposed Medium-Term Expenditure Framework, MTEF, has been structured to enable government's policy priorities to be implemented in accordance with delivery agreements signed with the President.
The 2011 Budget makes available R94 billion in addition to baseline allocations over the next three years. Savings of R30 billion were identified, of which R21 billion was reprioritised within departmental baselines to meet existing commitments.
In order to accommodate additional funding for the National Student Finance Aid Scheme, NSFAS, all departments were required to effect unprecedented spending cuts of 0,3%, amounting to R6 billion, which went to Minister Nzimande. [Applause.] I thought he would smile a little bit more, but he wants more! [Laughter.
I want to place on record our appreciation to Cabinet colleagues and departmental accounting officers for their co-operation in this unprecedented exercise.
Part of this revision to baseline allocations is the carry-through cost of the 2010 wage agreement, which requires an additional R39,4 billion for remuneration of employees over the MTEF period. The Public Service salary bill has doubled over the past five years, from R156 billion to R314 billion. This constitutes just under 40% of consolidated noninterest expenditure.
Members of the House will know that the spending plans of national government departments, public entities and social security funds are set out in considerable detail in the Estimates of National Expenditure. Estimates of consolidated government expenditure for the period ahead are set out in chapter 8 of the Budget Review.
Consolidated expenditure is projected to increase from R897 billion in 201-12 to R1,2 trillion - we are all growing up! - in 2013-14, with noninterest spending on public services growing by an average of 8% a year.
What are we spending the money on?
Firstly, creating jobs. As you have emphasised, Mr President, our aim is to put development first, and not dependence on welfare. As isiXhosa-speaking people say: Masizenzele. Let's do it ourselves. [Laughter.] [Applause.] I was thinking of someone who would say that we should not do it ourselves. [Laughter.
ï· As announced by the President, R9 billion has been set aside over the next three years for a jobs fund to co-finance innovative public- and private-sector employment projects.
ï· Further Education and Training colleges are allocated R14 billion in the period ahead and student financial assistance will be stepped up.
ï· Over R20 billion goes to Sector Education and Training Authorities, Setas, and R5 billion to the National Skills Fund, which have key responsibilities for training work seekers.
ï· The Expanded Public Works Programme is allocated R73 billion over the next three years, including community-based projects, environmental and social programmes and maintenance of roads and infrastructure.
ï· Tax incentives have been renewed for manufacturing investment of R20 billion, with a focus on job-creation potential.
ï· Investment will be increased in housing, residential infrastructure and services.
ï· Small enterprise development initiatives will be strengthened, including a focus on employment activation by the National Youth Development Agency, NYDA. [Applause.
ï· Initiatives are under way to promote rural employment, and provide stepped-up support for agricultural producers.
ï· Funding is allocated for renewable energy, environmental protection and green economy initiatives.
ï· As promised last year, details of a R5 billion youth employment subsidy are set out in a discussion paper, for further consideration in this House and at the National Economic Development and Labour Council, Nedlac.
Now, if we add all of these, we have approximately R150 billion to spend both on job creation and on skills-related activities over the next three years.
We must offer young work seekers real hope, where at present there is despair. We need to do things differently, as the President often urges us. We need to have the courage to pilot new approaches and build new partnerships, promoting innovation throughout our economy.
Education takes up the largest share of government spending - 21% of noninterest allocations - and receives the largest share of additional allocations.
ï· An amount of R8,3 billion over the MTEF period is added for schools infrastructure. A programme to address backlogs in school facilities over a three-year period will be administered by Minister Motshekga's department.
ï· Just under R1 billion is added for the Funza Lushaka teacher bursaries and bursaries for postgraduate students in natural sciences.
ï· R9,5 billion is provided for expanding Further Education and Training colleges and skills development. Including adjustments for the remuneration of teachers, a total of R24,3 billion will be added to education and skills spending over the next three years, which rises from R190 billion next year to R215 billion in 2013-14.
Ministers Nzimande and Motshekga exercise stewardship over this moeney, Mr Speaker, over the largest network of service providers in our economy, and over the most important programme of investment in future growth and distribution.
Several further steps in implementing Minister Motsoaledi's ten-point plan for reform of the health services are accommodated in this Budget. Total spending on public health services has increased strongly over the past three years to R113 billion projected for the next year.
In addition to provision for higher personnel expenditure over the period ahead, over R8 billion is added to specific health service interventions, laying the foundations for the National Health Insurance.
ï· expanding capacity to train medical doctors and nurses.
Let me emphasise that one of the things that Minister Motsoaledi and I are quite anxious about is that, as far as tertiary hospitals and the new medical training facilities are concerned, if we are to deliver them with efficiency, it is important that they are co-ordinated at a national level.
Total expenditure on the comprehensive HIV/Aids conditional grant will amount to R26,9 billion over the MTEF period, based on an increase in the number of people on treatment from 1,2 million this year to 2,6 million people by 2013-14.
The phasing in of the national health insurance will require substantial reforms to address imbalances across the public and private sectors and expand health professional training. The financial and organisational implications of these reforms are being jointly addressed by the Department of Health and the Treasury.
Additional resources, Minister Mthethwa, are also allocated to the Safety and Security cluster led by you and Ministers Radebe, Cwele and Mapisa-Nqakula for the period ahead.
A total of R12,8 billion goes to the departments of Police, Justice and Constitutional Development, Correctional Services and the Independent Complaints Directorate. The Budget provides R2,1 billion for an increase in Police personnel to 202 260 in 2013-14, from about 190 000 at present. They have really done their calculations well!
An additional R670 million is allocated for the upgrade of information technology, and R490 million is for the construction of courts, including the High Courts in Nelspruit and Polokwane. [Applause.] That must be people from Polokwane applauding. [Laughter.
Total expenditure on public order and safety functions will amount to R91 billion next year.
On Minister Sisulu's Defence Vote, further allocations are made for assistance in safeguarding the country's borders, and to upgrade and maintain border facilities and equipment.
Additional funding of R1,3 billion will bring total expenditure on Defence and State Security to R38,4 billion next year.
ï· R55 million for Khula Enterprises to pilot a new approach to small business lending.
Under the guidance of Minister Davies, about R10 billion will be spent on the Industrial Policy Action Plan investment promotion over the MTEF period, including the automotive production and development programme, clothing and textile production incentives, the film and television production incentive and support for small manufacturing and tourism enterprises. The word "incentive" means that we are giving money away.
Small businesses are an important source of jobs. Businesses that employ fewer than 50 workers account for 68% of private sector employment.
We need to get our small business sector growing and growing fast.
ï· Mr Kosi is a young man with a passion for building skills in his community, Willowvale. He has set up a small ICT training centre where he has trained more than 120 people in IT skills.
ï· Mr Norman Mpedi is an ex-MK combatant who, after being forced to live off the bush in Angola, discovered the umviyo fruit and has grown this into the thriving juice-making Nguni Juice. [Interjections.] That's what it is called. So here is an ex-combatant who one would think would not do this kind of thing and he has shown what entrepreneurship and creativity can do.
ï· Our third example is that of Antonio Pooe who started Exactech Fraud Solutions in 2007 as a small one-person business operating out of his home. He has since grown it into a company with offices in Johannesburg, Cape Town and Durban and now employs 24 people.
Let's congratulate them. [Applause.
These are but a few examples of the thousands of small and micro businesses which have taken root and fill a vital space in our economy. In many instances they have been supported by financing from both the private sector and programmes of the Department of Trade and Industry.
These are crucial areas in our economy. Under Ministers Joemat-Pettersson and Nkwinti government's land reform and agricultural development programmes are focused on rural job creation and poverty reduction, while expanding agricultural production and improving food security.
Additional allocations amounting to R2,2 billion go to these functions, including a further R400 million for the comprehensive agricultural support programme and the Land-Care Programme grant and funding to enable a further 5 000 recruits into the National Rural Youth Services corps.
Including provincial allocations for agricultural support, a total of R19 billion will be spent on rural development and agriculture in 2011-12.
Minister Ndebele, I have no money for tolls right now. [Laughter.] Additional allocations of R10,3 billion are made over the MTEF for transport infrastructure and services on Minister Ndebele's Vote.
ï· This includes R3,8 billion for maintenance of the coal haulage road network, financed from the increased levy on electricity collected from Eskom.
ï· An additional R1,5 billion goes to provinces for road maintenance and weighbridges, as part of a new conditional grant for roads infrastructure, so that we don't complain about potholes any more.
ï· Funds are also stepped up for the Passenger Rail Agency of South Africa, for replacing signalling infrastructure and refurbishing rail coaches.
ï· A further R2,5 billion goes to municipalities for public transport systems and infrastructure improvement.
Consolidated government transport spending will amount to R66 billion next year.
As I mentioned earlier, this is also a crucial task. Funding amounting to R800 million has been set aside over the next three years for "green economy" initiatives, including those recently announced by Minister Patel. Specific allocations will be made in the Adjustments Budget.
Additional allocations for research into energy-efficiency technologies are proposed - Minister Peters will be happy with that - while provision is also made for efforts to prevent wildlife trafficking and improved air quality, waste disposal and coastline management.
A total of R2,2 billion is allocated for environmental employment programmes over the medium-term period and funding is provided on Minister Molewa's Vote for hosting the Conference on Climate Change, Cop 17, in November this year. Total spending on the Integrated National Electrification Programme will increase to R3,2 billion in 2013-14.
Mr Speaker, recent research published by the Development Policy Research Unit confirms that significant progress has been made in the delivery of housing, water, sanitation and electricity, as the President mentioned in his speech.
ï· Those with flush or chemical sanitation from 18% to 37%.
Additional allocations to Minister Sexwale's Vote for human settlements upgrading and municipal services amount to R4,9 billion over this period.
Two new grants to provinces and municipalities are proposed under Minister Shiceka's oversight to respond more rapidly to disasters.
A further R3,6 billion is added for water infrastructure and services, including funding for the acid water drainage threat associated with abandoned underground mines. A report on this by a team of experts has been approved by Cabinet, and Minister Molewa is taking the lead in consulting with industry on a shared and co-ordinated response to the challenge.
Government aims to upgrade 400 000 homes in informal settlements by 2014. A new urban settlements development grant contributes R21,8 billion over the next three years for these projects.
Total spending on the housing, water and community amenities social wage will amount to R122 billion in 2011-12.
The social protection budget is another substantial part of the social wage in South Africa. This practical expression of a caring society amounts to R147 billion in 2011-12, and provides income support to poor households and has been extended over the past decade, mainly through the phased extension of the child support grant to older children.
At present, close to 15 million fellow citizens receive social grants on Minister Dlamini's Vote, equivalent to more than a quarter of the population. Thirty-eight per cent of social grant payments go to pensioners, 35% to children in poor households, and 19% to the disabled.
ï· The monthly state old age grant and the disability and care dependency grants will rise by R60 a month to R1 140; [Applause.
ï· and here's a plus: For pensioners over the age of 75, the old age grant will rise by a further R20 a month to R1 160; [Applause.
ï· The child support grant will increase from R250 to R260 in April, and to R270 in October. [Applause.
ï· Revisions are also proposed to the means test thresholds, which will benefit households with modest incomes that reduce their grant entitlements.
Social protection also includes unemployment insurance, occupational injury compensation and the Road Accident Fund. Proposals are now well advanced for alignment and consolidation of these social security arrangements, together with the introduction of a mandatory basic retirement savings plan. Over R9 billion a year is currently spent in administering our fragmented social security system. An integrated and better co-ordinated social security system will offer better protection to vulnerable households, at a lower administrative cost, and lay a foundation for future generations.
That's all the spending. Now, where's the money going to come from?
Let me turn, Mr Speaker, to the revenue required for these spending plans. Members of the House have been very patient, and may be thinking of the need for liquid refreshment, and the cost thereof! I will say something about that in a moment. But first let me report on the revenue side.
I am pleased to report that tax revenue has recovered during 2010-11. The revised estimate is R672 billion, or 12,3% higher than last year.
Personal income tax has increased strongly, as have VAT receipts and customs duties. However, corporate income tax revenue has remained below projections, indicating the effect of the 2009 recession on company profits and maybe something else.
Total budget revenue, including provincial receipts, and income of social security funds and public entities, is R755 billion, or 13,6 % above the 2009-10 estimate.
This Budget Review includes, for the first time, a tax expenditure statement. This is a summary of potential tax revenues foregone as a result of various tax incentives. The purpose of the statement is to make transparent those fiscal incentives or indirect subsidies that lie behind the headline revenue and spending numbers. The initial estimate puts the value of tax expenditures - that's money that we give away in one form or another - at R78 billion a year.
We are also publishing the latest edition of the annual Tax Statistics, which provides the most detailed view to date of our tax base and revenue contributions and helps to complete the overall picture of the budget system.
Mr Speaker, revisions to the personal income tax brackets and rebates are proposed, which represent relief for individuals to the extent of R8,1 billion. These adjustments compensate virtually only for the effects of inflation for the coming year and the balance of the fiscal drag effect that could not be accommodated last year.
ï· Tax will be payable only on income above R59 750 for taxpayers below age 65, and R93 150 for those 65 and older.
ï· A third rebate of R2 000 per year is proposed, increasing the tax threshold for taxpayers aged 75 and older to R104 261. In other words, the over-75s get an additional tax break.
ï· An increase in the annual tax free interest income to R22 800 for individuals below 65 years is proposed, and to R33 000 for individuals 65 years and over. The Treasury is exploring the possibility of incentivised savings schemes for housing and for education as alternatives to this exemption.
ï· The tax free lump sum benefit upon retirement will increase from R300 000 to R315 000.
As in past years, inflation-related increases will be made to the monthly thresholds for tax-deductible contributions to medical schemes. These deductions and those for qualifying out-of-pocket medical expenses will be converted into tax credits with effect from March 2012. A tax credit is more equitable since it provides for an equal benefit to all taxpayers regardless of their income. Right now, it is the wealthier people who benefit.
Changes to the tax treatment and administration of contributions to retirement funds are also proposed. These will simplify administration and improve the fairness of the system. There will be extensive consultation on this matter. The proposals include the treatment of employer contributions as a fringe benefit, limits on tax deductible contributions and the alignment of the tax treatment of provident and pension funds.
Some of the ideas are that from March 2012, an employer's contribution will be treated as a taxable fringe benefit, and employees will be allowed to deduct possibly up to 22,5% of taxable income for contributions to approved retirement funds. It was proposed that a maximum of R200 000 a year will be deductible. With a view to protecting workers' savings, it is proposed that the one-third lump-sum withdrawal limit applicable to pension and retirement annuity funds should also apply to provident funds.
What is happening here is that people, when they get into a bit of difficulty or need, withdraw all of their savings and, at the end of their working life don't have much on which to depend. So, these are some of the proposals that will be looked at.
ï· On disposal of a small business when a person is 55 years or older, from R750 000 to R900 000.
The annual trading income exemption for public benefit organisations will increase from R150 000 to R200 000, and for recreational clubs from R100 000 to R120 000.
Mr Speaker, we have decided to become a bit innovative this year and impose a withholding tax on gambling winnings. Last year we indicated that the taxation of gambling winnings would come under review. With effect from April 2012, all winnings above R25 000, including pay-outs from the National Lottery, will be subject to a final 15% withholding tax. This is in line with practice in a number of other countries, such as the United States, where that tax is 30%. [Applause.] We hope it will assist in discouraging excessive gambling. [Interjections.
The MINISTER OF FINANCE: Of course, if you want to contribute to the fiscus, please do go and gamble so that we can get that 15%! [Laughter.] Despite the obvious merits of this argument, I expect vigorous debate during the parliamentary process, just not today, please!
Proposals are under review for a national health insurance system, as part of the broader restructuring and enhancement of health services. There will be substantial cost implications. We will consider and consult - let me repeat; we will consider and consult - on options for meeting the funding requirements, including a payroll tax payable by employers, an increase in the VAT rate and a surcharge on individuals' taxable income.
Now let me repeat before you all get anxious about this. These are all options. We will have to consider the pros and the cons of each of these options. We do require more money to get this scheme going but ultimately it will benefit all South Africans. The question is: Where do we get it from and what is the best form in which to do it?
The fiscal and financial implications of health system reform, and alternative revenue sources, will be examined in the year ahead.
ï· As indicated in previous years, a dividends tax will take effect on 1 April 2012, replacing the secondary tax on companies.
ï· Dividend schemes that undermine the tax base will be closed by treating the dividends at issue as ordinary revenue. These include dividend cessions, where taxpayers effectively purchase tax free dividends without any stake in the underlying shares.
ï· Government introduced the concept of a venture capital company into the Income Tax Act in 2009, but the response to it was poor. The approach will be refined so as to facilitate greater access to equity finance by small and medium businesses and junior mining companies.
ï· From March 2011, the turnover tax for micro businesses with an annual turnover up to R1 million will be adjusted so that tax will be payable only if turnover exceeds R150 000 a year. In other words, below that, you pay no tax. The rate structure will also be reviewed.
ï· Also, from 1 March 2012, micro businesses that register for VAT will no longer be barred from registering for turnover tax.
ï· The learnership tax incentive, designed to support youth employment, will expire in September 2011. Government proposes to extend this for a further five years, but subject to an analysis of its effectiveness with all stakeholders. The take-up until now has been low.
ï· A youth employment subsidy is proposed. Subject to completion of consultations, it will take the form of a tax credit costing R5 billion over three years to be administered by the South African Revenue Service through the PAYE system. This is subject to further consultations.
ï· To support the objectives of the Industrial Policy Action Plan and the New Growth Path, certain investments qualify for tax relief. Consideration will be given to expanding such incentives for labour intensive projects in industrial development zones.
ï· The transfer duty exemption threshold will be increased from R500 000 to R600 000.
ï· Excise duties on alcoholic beverages will be increased by between 4,5% and 10,3% - an increase of 6,4 cents [Interjections.] wait a minute, this is the part you need to consider before you go and have a drink... for a 340ml can of beer, 13,5 cents per bottle of wine, or R2,86 for a bottle of spirits - now, Mr President, I must get this one right - izinyembezi zika-Queen. [Queen's tears.] It comes from his territory. [Laughter.
ï· Taxes on tobacco products will increase between 6% and 10,2%; it will be 80 cents more for a packet of cigarettes. [Applause.
ï· Currently there is an ad valorem excise tax on motor vehicles. The rate increases as the price of the vehicle increases. These rates will remain unchanged below a purchase price of R900 000. For vehicles above R900 000, the tax rate will increase to a maximum of 25%, from 20% at present. [Applause.
ï· The general fuel levy will increase by 10 cents a litre on both petrol and diesel on 6 April 2011.
ï· The Road Accident Fund levy will be increased by 8 cents to 80 cents a litre.
ï· Increases will take effect on 1 October 2011 in the air passenger departure tax on flights to international destinations.
ï· The levy on electricity generated from nonrenewable and nuclear energy sources will increase by 0,5c/kWh to 2,5c/kWh from April 2011. The increase should not impact on electricity tariffs, as it has already been taken into account in the National Energy Regulator's approved tariff structure.
Mr Speaker, allow me to pay tribute again to the continued support that all of us received from millions of honest taxpayers. Can we applaud them, please [Applause.] Their contributions are reflected in the recovery of tax revenue this year. We have been able to expand spending where other nations have been forced into austerity adjustments. Even those who have not contributed fully to date have begun to come forward to take advantage of the Reserve Bank and Sars' voluntary disclosure programmes. Others who wish to do so have until the end of October this year to join the 1 200 applicants so far?
Administrative reforms will continue to focus on ensuring that all those who earn an income through employment or other economic activity pay what is due to the fiscus.
This year, Sars will turn its attention to enhancements to the business tax process, including corporate income tax, VAT and the enhanced turnover tax for emerging businesses. As with personal income tax, a prerequisite for these improvements is an accurate picture of all business entities no matter their size or tax liability. Sars, in partnership with other state institutions, will make significant improvements to the business registration process this year, including conducting a door-to-door drive in all sectors of our economy to complete the picture.
Tax and customs evasion remains a serious threat. Working together, the Police, the prosecuting authority, the Financial Intelligence Centre and Sars ensured that more than 200 taxpayers were convicted of fraud and tax evasion during the last six months alone.
Recently, customs officers with the support of the police impounded nearly 3 000 illegally imported second-hand vehicles, two significant tobacco smuggling rings have been snuffed out [Laughter.] and a tobacco manufacturer has been shut down in the last month. We are also, in conjunction with the tobacco industry, investigating a new method of marking and authenticating legal cigarettes with a counterfeit-proof digital system to replace the current diamond mark.
Mr Speaker, the sector most visibly affected by the illicit economy in recent years has been the clothing and textile industry, resulting in significant loss of jobs in local manufacturing plants. In the coming months a multidisciplinary task team comprising representatives of the manufacturing, importing and retail industries and a range of public sector stakeholders, will begin interventions across the entire value chain to clamp down on illicit clothing and textile imports.
Mr Speaker, public procurement plays a significant part in the economy and is central to government services. However, citizens and taxpayers do not get full value for money, as we have said repeatedly, because this is an area vulnerable to waste and corruption. This compromises the integrity of governance and frustrates the pace of service delivery.
Alongside the work of the competition authorities in addressing supplier collusion and tender-rigging, a strong procurement framework is critical to boosting jobs and service delivery.
ï· Government departments will be required to establish rigorous demand management procedures, including submission of advance tender programmes for the next financial year to the relevant Treasury authority. This will be so throughout government.
ï· Limits will be prescribed for variation orders, to restrict significant changes to procurement orders and bring our system in line with international standards.
ï· Companies bidding for tenders will be required to disclose the identity of all directors [Interjections.] [Applause.] to determine whether any of the directors are government officials and to establish whether they are tax compliant.
There are currently 53 investigations involving procurement irregularities - there are many more irregularities - involving contracts worth about R3 billion. Minister Radebe recently reported that 65 people linked to some of these investigations have been arrested and brought before the courts. More than R250 million has been seized by the state.
Sars is investigating another 9 cases of tender fraud, with a total value of approximately R1,7 billion. Sars has also increased its analytical capacity with the aim of ensuring that vendors winning state contracts satisfy their tax obligations fully. As at the end of January 2011 Sars had identified some 13 000 vendors who have won state contracts and who owe taxes amounting to over R1 billion.
Mr Speaker, as we have said, we have a shared responsibility to prevent corruption and we call on all citizens to blow the whistle on corruption and to report any procurement irregularities to the relevant authorities. [Applause.
In this regard, we welcome the announcement from Business Leadership South Africa that it intends to name and shame or expel members who offer or accept bribes, or break laws while doing business. Let's applaud their gesture. [Applause.
Equally important is the call of this government to its managers to ensure that our communities and our taxpayers get full value for their money. Poor delivery and stealing from the fiscus are never acceptable. Senior managers of our institutions and municipalities are expected to work actively to improve their procurement processes and oversight.
Mr Speaker, government and state-owned enterprises will spend more than R800 billion over the next three years on new power stations, road networks, dams and water supply pipelines, rail and port facilities, schools, hospitals and government buildings. This builds on the steady progress made over the past decade, which saw the contribution of government and public enterprises to gross fixed capital formation rise from 4% of GDP in 2000 to 8,6% in 2009. These are long-term investments in the future of our country, and in the capacity of the economy to grow and create jobs for generations to come.
ï· the freeway improvement scheme.
These investments are largely financed through borrowing, with costs recovered from future electricity consumers and road users.
As part of a long-term strategy for modernising public transport in metropolitan areas, the Passenger Rail Agency of South Africa is embarking on an 18-year programme to replace its coach and locomotive fleet at an estimated cost of R86 billion.
While infrastructure spending in the lead-up to the Soccer World Cup assisted in moderating the impact of the recession on South Africa, there has been an apparent deterioration in government construction spending over the past year.
The challenge of intensifying infrastructure spending over the period ahead will require attention to planning, budgeting and contract management in national and provincial departments and municipalities.
It is time for special initiatives to accelerate growth and development in South Africa's cities, which have immense potential for inclusive growth and are home to many millions of poor people. The public finance challenge is to balance investment in expanding urban capacity while also providing key public services - electricity, refuse removal and public transport, amongst others.
An efficient and cost-effective public transport system is crucial because the majority of our people live too far from where work opportunities are.
In addition, through better land use management, we need to deliver integrated human settlements that break from the apartheid past. [Applause.
A start is made in this Budget, in the allocation of funds directly to cities to upgrade informal settlements. Minister Sexwale will implement the accreditation of municipalities that have demonstrated their capacity to manage the low-income housing subsidy system. The public transport function, including the management of rail, has been delegated by Minister Ndebele to metropolitan municipalities in terms of the National Land Transport Act.
These are steps that create direct responsibilities for city councils, and open up opportunities for accelerating investment and change in the urban landscape and how cities promote their local economic development.
Mr Speaker, in conclusion, I extend my sincere appreciation to the President and Deputy President for their unwavering support and wise counsel. Keeping our country on a steady course through the Great Recession, as it is now called, has been a challenging task for all of us and the support of the Presidency has been both indispensable and inspirational. Let us applaud them, please. [Applause.
I would like to thank my Cabinet colleagues for their support. The Budget is our collective statement. Your positive and encouraging contributions have been most helpful. Thank you very much. [Applause.
The members of the Ministers' Committee on the Budget have shouldered an immense responsibility to restructure and reform our fiscal system and make bold recommendations to Cabinet. Theirs has been an excellent and enduring team effort. [Applause.
Our thanks to my colleague, Deputy Minister Nene, who has offered wise insights and shared many responsibilities. He forms an invaluable part of a maturing Ministry. [Applause.
Thanks also go to the MECs for finance, who play a vital role in managing over 40% of our national Budget.
ï· Governor Gill Marcus and the staff of the South African Reserve Bank for their marvellous co-operation and assistance; [Applause.
ï· Commissioner Oupa Magashula and the South African Revenue Service. We hope they have produced the revenue we need by 31 March. [Applause.
ï· Jabu Moleketi, chair of the DBSA, and CEO Paul Baloyi, for their efforts; [Applause.
ï· the Financial and Fiscal Commission and its acting chair Bongani Khumalo; [Applause.
ï· Nedlac, its managing director, Herbert Mkhize, and representatives of the business, labour and community constituencies; [Applause.
ï· the hon Thaba Mufamadi and hon Charel de Beer, who chair the Standing and Select Committees on Finance respectively and to the two chairs of the Appropriations committees, the hon Eliot Sogoni and hon Teboho Chaane, whose work starts now. [Applause.
ï· the Director-General of the National Treasury, Lesetja Kganyago - who is now becoming a veteran - and the National Treasury team, who continue to surpass their own high standards and remain wonderful examples of loyal and professional public servants, and who are an invaluable asset to our democratic state; [Applause.
ï· to my family for their support and sacrifices so that I may serve our country.
Once again, my sincere appreciation to the wide range of South Africans who continuously provide positive feedback and ideas on how government could work better and differently.
Fellow South Africans, the President has stated very clearly that job creation is our number one priority. This Budget outlines what government's capabilities and finances can do to support the delivery of jobs. Now it is time for all of us to say "making South Africa work begins with you and me".
Giving every South African the dignity of a job, the security of an income, the prospect of training, the support to launch new businesses, the confidence to be an entrepreneur and the sheer passion and optimism to break the shackles of unemployment, is the best legacy this generation can leave for the next.
The world is full of opportunities. Ours is the task of transforming these opportunities into real, tangible outcomes which all of our people can experience and call their own.
Government must teach its people to fish, not be suppliers of fish. The latter is not sustainable The government pond will never be able to supply more fish in 20 years than it is doing now to the ever-growing masses of people of this country. Let's work to reduce dependency and give back dignity that was eroded by our past.
We repeat what we said last year: With jobs comes dignity; with dignity comes participation; and from participation emerges prosperity for all.
Mr Speaker, I have pleasure in tabling the Budget Review of 2011, the Division of Revenue Bill, and the Appropriation Bill for this House to consider.
In judging our progress as individuals we tend to concentrate on external factors, such as one's social position, influence and popularity, wealth and standard of education It is perfectly understandable if many people exert themselves mainly to achieve all these. But internal factors may be even more crucial honesty, sincerity, simplicity, humility, pure generosity, absence of vanity, readiness to serve others - qualities which are within easy reach of every soul.
Thank you. [Applause.
The SPEAKER: Order! Hon members, distinguished guests, on your behalf I wish to thank the hon Minister of Finance.
That, notwithstanding the relevant provisions of the Rules on Money Bills, the fiscal framework, revenue proposals as well as the Minister of Finance's speech be referred to the Standing Committee on Finance for consideration and report.
The House adjourned at 15.25.
Division of Revenue Bill, 2011, submitted by the Minister of Finance. Referred to the Standing Committee on Appropriations and the Select Committee on Appropriations.
Appropriation Bill [B 3 - 2011] (National Assembly - proposed sec 77).
Division of Revenue Bill [B 4 - 2011 (Reprint)] (National Assembly - proposed sec 76).
Introduction and referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of the Bills may be submitted to the JTM within three parliamentary working days.
Government Notice No R1049, published in Government Gazette No 33750, dated 10 November 2010: Determination of fees payable to the Registrar of Financial Services Providers in terms section 41(1) of the Financial Advisory and Intermediary Services Act, 2002 (Act No 37 of 2002).
Government Notice No R1069, published in Government Gazette No 33763, dated 19 November 2010: Amendment of Part 5A of Schedule No 1 (No 1/5A/149) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1070, published in Government Gazette No 33763, dated 19 November 2010: Amendment of Rules (DAR/77) under section 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1071, published in Government Gazette No 33763, dated 19 November 2010: Amendment of Part 3D of Schedule No 1 (No 1/3D/11) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No 1105, published in Government Gazette No 33781, dated 26 November 2010: Amendment of Schedule 2 in terms of section 75 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No 1106, published in Government Gazette No 33781, dated 26 November 2010: Commencement of the Financial Intelligence Centre Amendment Act, 2008 (Act No 11 of 2008), in terms of section 29 of the Act.
Government Notice No 1107, published in Government Gazette No 33781, dated 26 November 2010: Amendment of Money-Laundering and Terrorist-Financing Control Regulations in terms of section 77 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No R1119, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/1/1418) in terms section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1120, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/2A/152) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1121, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/2B/153) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1122, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/3A/12) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1123, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/3B/13) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1124, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/5A/150) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1125, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 1 (No 1/5B/151) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1126, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Part 1 of Schedule No 2 (No 2/332) in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1127, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 3 (No 3/666), in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1128, published in Government Gazette No 33817, dated 1 December 2010: Amendment of Schedule No 6 (No 6/18), in terms of section 75(15) of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1131, published in Government Gazette No 33813, dated 3 December 2010: Amendment of Rules (DAR/78) under sections 19 and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1145, published in Government Gazette No 33824, dated 3 December 2010: Amendment of Schedule No 3 (No 3/667) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No 1202, published in Government Gazette No 33859, dated 17 December 2010: Exemption in terms of section 92 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Government Notice No 1213, published in Government Gazette No 33881, dated 17 December 2010: Variation of Policyholder Protection Rules (Short-term Insurance) 2004 in terms of section 55 of the Short-term Insurance Act, 1998 (Act No 53 of 1998).
Government Notice No 1214, published in Government Gazette No 33881, dated 17 December 2010: Variation of Policyholder Protection Rules (Long-term Insurance) 2004 in terms of section 62 of the Long-term Insurance Act, 1998 (Act No 52 of 1998).
Government Notice No R1225, published in Government Gazette No 33897, dated 24 December 2010: Amendment of Schedule No 1 (No 1/1/1419) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1226, published in Government Gazette No 33897, dated 24 December 2010: Amendment of Schedule No 4 (No 4/335) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R1227, published in Government Gazette No 33879, dated 24 December 2010: Amendment of Rules (DAR/79) under sections 19 and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No 1247, published in Government Gazette No 33900, dated 31 December 2010: Technical changes of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Government Notice No 1248, published in Government Gazette No 33900, dated 31 December 2010: Listing of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Government Notice No 1249, published in Government Gazette No 33900, dated 31 December 2010: Delisting of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Government Notice No 1250, published in Government Gazette No 33900, dated 31 December 2010: Technical changes of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Government Notice No 1251, published in Government Gazette No 33900, dated 31 December 2010: Technical changes of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Government Notice No 1252, published in Government Gazette No 33900, dated 31 December 2010: Delisting of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Government Notice No 1253, published in Government Gazette No 33900, dated 31 December 2010: Delisting of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Government Notice No 1254, published in Government Gazette No 33900, dated 31 December 2010: Listing of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of South Africa concerning Financial Cooperation in 2009, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of South Africa concerning Financial Cooperation in 2009.
Assistance Agreement between the United States of America and the Republic of South Africa for Tri-Lateral Assistance and Cooperation, Democratic Consolidation, Advanced Increased Sustainable Local Government Service Delivery, Increased use of HIV/Aids and other Primary Health Care Services, Increased Access to Quality Education and Training, Support Economic Growth, Regional Objective - Rural Livelihoods Diversified in Southern Africa (USAID Assistance Agreement No 674-2010-00), tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Assistance Agreement between the United States of America and the Republic of South Africa on USAID Assistance Agreement No 674-2010-00.
Financing Agreement between the European Community and the Government of South Africa concerning youth empowerment through culture and sport programmes, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Financing Agreement between the European Community and the Government of South Africa concerning youth empowerment through culture and sport programmes.
Specific Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of South Africa on a Belgian-South African Study and Consultancy Fund, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Specific Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of South Africa on a Belgian-South African Study and Consultancy Fund.
Government Notice No R8, published in Government Gazette No 33926, dated 14 January 2011: Amendment: Exchange Control Regulations under section 9 of the Currency and Exchanges Act, 1933 (Act No 9 of 1933).
Government Notice No R9, published in Government Gazette No 33926, dated 14 January 2011: Amendment: Orders and Rules in terms of the Exchange Control Regulations, 1961.
Government Notice No 1104, published in Government Gazette No 33781, dated 26 November 2010: Amendment of Schedule 1 (List of accountable institutions), tabled in terms of section 73(3) of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Report and Financial Statements on the Registrar of Friendly Societies for 2008 [RP253-2008].
Report of the Registrar of Short-term Insurance for 2008 [RP269-2010].
Report of the Registrar of Long-term Insurance for 2008 [RP270- 2010].
Report of the Public Service Commission (PSC) on the Overview of the Implementation of the Financial Disclosure Framework: Financial Year 2008-09 to June 2010 [RP171-2010].
Report of the Public Service Commission (PSC) on the Consolidated Monitoring and Evaluation Report on the Departments of Housing (Human Settlements) Evaluation Cycle for 2009-10 to July 2010 [RP216-2010].
Southern African Development Community (SADC) Protocol on Science, Technology and Innovation, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the Southern African Development Community (SADC) Protocol on Science, Technology and Innovation.
The following papers are referred to the Portfolio Committee on Water and Environmental Affairs for consideration and report.
Report and Financial Statements of the Rand Water 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Sustainability Report of Rand Water for 2009-10.
Report and Financial Statements of Umgeni Water for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of Amatola Water for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of Sedibeng Water for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of Albany Coast Water Board for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of Pelladrift Water Board for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of Overberg Water for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of Bloem Water for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of Mhlathuze Water for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Bushbuckridge Water Board for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Lepelle Northern Water for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Departmental Updated Strategic Plan of the Department of Human Settlements and Performance Plans for 2010-13.
Letter from the Minister of Human Settlements, dated 11 January 2011, to the Speaker of the National Assembly, explaining the delay in the submission of the Annual Report of Thubelisha Homes for 2009-10.
The following paper is referred to the Portfolio Committee on Social Development for consideration.
Report and Financial Statements of the South African Social Security Agency (Sassa) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP46-2010].
Report of the Mine Health and Safety Inspectorate for 2009-10.
Proclamation No R76, published in Government Gazette No 33865, dated 9 December 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act , 1974 (Act No 74 of 1996).
Proclamation No R2, published in Government Gazette No 33697, dated 14 January 2011: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act , 1974 (Act No 74 of 1996).
Proclamation No R3, published in Government Gazette No 33722, dated 14 January 2011: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act , 1974 (Act No 74 of 1996).
Bilateral Agreement between the Government of the Republic of South Africa and the Government of the Syrian Arab Republic, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Bilateral Agreement between the Government of the Republic of South Africa and the Government of the Syrian Arab Republic.
Government Notice No 1059, published in Government Gazette No 33760, dated 12 November 2010: Proclamation of the effective date for the National Gambling Exclusions Database in terms of section 87 of the National Gambling Act, 2004 (Act No 7 of 2004).
Government Notice No R1072, published in Government Gazette No 33763, dated 19 November 2010: Amendment of Compulsory Specification for Manually Operated Switches for Appliances (VC 8052) in terms section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R1073, published in Government Gazette No 33763, dated 19 November 2010: Compulsory Specification for Motor Vehicles of Category N1 in terms of section 13(1)(a) the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R1074, published in Government Gazette No 33763, dated 19 November 2010: Proposed amendment of Compulsory Specification for Cord Sets and Cord Extension Sets (VC 8029) in terms of section 13(4) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R1075, published in Government Gazette No 33763, dated 19 November 2010: Amendment of Compulsory Specifications for Plugs, Socket-outlets and Socket-outlet Adaptors (VC 8008) in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R1076, published in Government Gazette No 33763, dated 19 November 2010: Compulsory Specification for the Safety of Starters for Tubular Fluorescent Lamps (VC 8039) in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R1077, published in Government Gazette No 33763, dated 19 November 2010: Compulsory Specification for Appliance Couplers (VC 8012) in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R1078, published in Government Gazette No 33763, dated 19 November 2010: Proposed introduction of a new Compulsory Specification for Personal Protective Equipment-Safety Footwear (VC 9002) in terms of section 13(4) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R1079, published in Government Gazette No 33763, dated 19 November 2010: Amendment of Compulsory Specification for the Safety of Flexible Cords for Electrical Appliances (VC 8006) in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R1080, published in Government Gazette No 33763, dated 19 November 2010: Compulsory Specification for Motor Vehicles of Category M1 in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No 1099, published in Government Gazette No 33818, dated 29 November 2010: Proposed consumer protection regulations, published for public comment in terms of section 120(2)(a) of the Consumer Protection Act, 2008 (Act No 68 of 2008).
Government Notice No 1078, published in Government Gazette No 33789, dated 23 November 2010: Draft amendments to the National Gambling Regulations of 2004, published for written comment in terms of section 87 of the National Gambling Act, 2004 (Act No 7 of 2004).
Government Notice No 1171, published in Government Gazette No 33848, dated 6 December 2010: Members appointed to the Securities Regulation Panel in terms of section 440B(6) of the Companies Act, 1973 (Act No 61 of 1973).
Government Notice No 1106, published in Government Gazette No 33857, dated 10 December 2010: Phase 1 of the Draft Financial Sector Charter of the Codes of Good Practice, published for comment in terms of section 9(5) of the Broad-Based Black Economic Empowerment Act, 2003 (No 53 of 2003).
Government Notice No R1228, published in Government Gazette No 33897, dated 24 December 2010: Correction Notice: Compulsory Specification for Replacement Brake-Lining Assemblies for Road Vehicles in terms of section 13(1)(A) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R1229, published in Government Gazette No 33897, dated 24 December 2010: Amendment: Compulsory Specifications for Compact Fluorescent Lamps (CFLs) (VC9091) in terms of section 13(2)(c) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R1230, published in Government Gazette No 33897, dated 24 December 2010: Notice of intention to amend regulations in terms of section 42 of the Trade Metrology Act, 1973 (Act No 77 of 1973).
Government Notice No 1259, published in Government Gazette No 33900, dated 31 December 2010: Notice by the Competition Commission of the rejection of an application for exemption by Grain South Africa in terms of section 10(7) of the Competition Act, 1998 (Act No 89 of 1998).
Protocol between the Government of the Republic of South Africa and the Government of the United Kingdom of Great Britain and Northern Ireland to Amend the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the Protocol Amending the Double Taxation Convention between the Government of the Republic of South Africa and the Government of the United Kingdom of Great Britain and Northern Ireland.
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Kenya for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the Double Taxation Agreement between the Government of the Republic of South Africa and the Republic of Kenya.
Convention on Cybercrime, tabled in terms of section 231(2) of the Constitution, 1996.
Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the Convention on Cybercrime and the Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems.
Municipal Budgets for the 2010 Medium-Term Revenue and Expenditure Framework (MTREF) in terms of section 16 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Report to Parliament on the over- and underspending of municipalities as at 30 June 2010 - November 2010.
General Report of the Auditor-General on the National Audit Outcomes for 2009-10 [RP1-2011].
Consolidated General Report of the Auditor-General on the Provincial Audit Outcomes for 2009-10 [RP2-2011].
The Speech of the Minister of Finance on the National Annual Budget - 23 February 2011 [RP6-2011].
the estimates of national revenue for 2011; and responses to recommendations in reports referred to in sections 5(2), 6(7) and 6(12) of the Money Bills Amendment Procedure and Related Matters Act, 2009 (No 9 of 2009).
Division of Revenue Bill [B 4 - 2011 (Reprint)], tabled in terms of section 10(1) of the Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of 1997).
Appropriation Bill [B 3 - 2011].
National Treasury Policy Document: A Safer Financial Sector to Serve South Africa Better, 2011.
Tax Statistics, 2010.
The fiscal framework and revenue proposals, as well as the speech of the Minister of Finance, are referred to the Standing Committee on Finance for consideration and report.
<fn>GOV-ZA.3317En.2012-02-10.en.txt</fn>
The transport milestones developed during the 2010 FIFA World Cup form part of the lasting legacy that will be enjoyed by generations of South Africans for many decades, long after the World Cup has come and gone.
<fn>GOV-ZA.331En.2012-02-10.en.txt</fn>
Web address www.cput.ac.
Web address www.uct.ac.
<fn>GOV-ZA.33216414En.2012-02-10.en.txt</fn>
amend a provision that deals specifically with a provincial matter.
The Minister of Justice and Constitutional Development, Mr J T Radebe, MP, intends introducing the Superior Courts Bill, 2010, in the National Assembly shortly. Any person wishing to comment on the Bill is invited to submit written comments to the Minister of Justice and Constitutional Development. Comments should kindly be directed to the attention of Mr J A de Lange, Private Bag X 81, Pretoria 0001, by not later than 30 June 2010. (Electronic mail address: jdelange@iustice.gov.za) Comments may also, in accordance with Rule 241(2) of the Rules of the National Assembly, be directed to the Secretary to Parliament, POBox 15, CAPE TOWN, 8000.
<fn>GOV-ZA.3321En.2012-02-10.en.txt</fn>
The card - a record of immunisations and growth rate - is given to mothers when their infant is born and is used to monitor the development of the child until it is five years old.
The first years are the most important in the development of a child.
Your child's development during these years should be closely monitored. In doing so, any problem that will prevent your child from becoming a healthy individual will be detected at an early stage. Early detection will lead to early diagnosis and early diagnosis will ensure early treatment.
The Road to Health Card is not a passport to health but rather an instrument to be used by doctors and nurses to monitor the development of your child.
The Road to Health Card (often referred to as the Baby Card or the Health Card), is issued to the mother when a baby is born in either the private or state hospital service. Babies born elsewhere also receive a card with their first contact visit with the health services.
Mothers must keep this card safe and present it every time they visit the doctor or nurse, or when the mother or someone else takes the baby to the clinic or hospital. Remember this is not a hospital card, but a card that is required every time the child goes to the clinic or hospital.
the child's development according to the milestones for a growing child.
All this is to ensure good health for your baby.
The doctors and nurses will also record their findings on the card whenever your child is screened for the various milestones during their development. In doing so, the health history of the child from birth will be recorded. This written information will be available to assist them in the treatment of your baby should it be required.
Therefore, every time you take the child to any clinic or hospital - make sure that you take the card with you.
Feel free to remind them of the card and hand the card to them so that the can record whatever is necessary.
If you, the mother of the child, are unable to take the child to the clinic or hospital, send the card with whoever takes the child.
Keep the card for as long as possible, even if the child has grown up into adulthood. The information on the card, especially on immunisation, might be needed in later years, either by the school, the workplace or perhaps another country.
Don't worry, don't stay away!
Tell the sister at the clinic about the loss. She will issue a new card for the baby but don't stay away!
<fn>GOV-ZA.3322791En.2012-02-10.en.txt</fn>
What (a) is the Government's position with regard to the United Nations investigating war crimes in Sri Lanka and (b) are its plans in contributing to such UN-driven investigations NO1006?
whether the Government is able to reconcile its commitment to human rights and democracy with its refusal to call for Mr Gadaffi's resignation in light of the continued killing of Libyan citizens by the Gadaffi government; if not, what is the position in this regard; if so, how NO972?
Whether the Government had any plans other than those predicated on economic growth of 3% or more to eradicate poverty in at least 100 communities by 2011; if not, why not; if so, (a) what are these parallel plans that the Government has been using achieve to eradicate poverty in targeted areas and (b) what are the further relevant details NO1007?
whether the provinces will receive an equal share of funding on women, youth and people with physical disabilities; if not, why not; if so, what are the relevant details NO966?
Cluster 1 26.
whether she intends allocating a fixed percentage of her department's budget to JICS in the event of JICS not being able to secure their own independent budget; if not, why not; if so, what are the relevant details NO995?
whether he will make a statement on the matter NO977?
Whether he has studied the report of the Public Protector with regard to the lease agreement of the police headquarters in Pretoria; if not, what is the position in this regard; if so, whether he intends cancelling the lease agreement; if not, why not; if so, what are the (a) contractual consequences of cancelling the lease agreement and (b) further relevant details NO1005?
Whether each piece of equipment that is taken out of the country and used in peace-keeping operations are promptly returned to the army depot at the conclusion of each such operation; if not, why not; if so, what are the relevant details NO993?
whether the findings of the investigation will be made public; if not, why not; if so, when NO998?
What criteria are used when allocating security to VIPs at any given time NO985?
Whether she will implement the principle that refugees be required to seek asylum in the first safe country; if not, why not; if so, (a)(i) how and (ii) when will this principle be implemented and (b) what are the further relevant details NO991?
How many police officers who lost their firearms since 2005 have been issued with new firearms and (b) what process is followed when new firearms are issued to officers who had lost their firearms NO999?
whether such activities form part of the official duties of the security personnel attending to the Judge President; if not, (a) what are the (i) duties of the security personnel and (ii) costs involved in providing these services and (b) which department or state entity is responsible for carrying these costs; if so, on which law or regulation is relied on in making provision for such protection to the Judge President?
What plans are in place to extend the jurisdiction of regional courts to include child and family law matters NO990E Whether all eligible members of Mkhonto we Sizwe (MK), the SA Defence Force (SADF) and the armed wings of the Pan Africanist Congress (PAC) and Azanian People's Organisation (Azapo) have been integrated into the SA National Defence Force within the period specified by the Act; if not?
why have they not all been integrated and (b) why was the integration not completed by 31 March 2002, as specified in the Termination of Integration Intake Act, Act 44 of 2001; if so, how many NO986?
Whether the investigation into the irregular visit by two police officials to the offices of the Public Protector has been completed; if not, why not; if so, (a) who mandated the police officials to conduct the visit, (b) what was the purpose of the visit, (c) what documents did the police officials retrieve and (d) to which senior officer have these documents been handedNO1004?
Whether the new ranks of Lieutenant and Major which were introduced as part of the new rank structure have been implemented; if not, what is the position in this regard; if so, how many SA Police Service officials have been promoted into these ranks NO967?
whether the Government is taking any steps to ensure that the results are respected; if not, what is the position in this regard; if so, what steps NO980?
commencement and (ii) completion date for the construction of each prison NO994?
Whether she has implemented any measures to ensure that satellite offices are in place to render services relating to applications for identity documents, birth and death certificates at least once or twice a week to farm dwellers and workers from the Gamagara Local Municipality in the Northern Cape (details furnished); if not, why not; if so, (a) what measures and (b) when NO992?
whether (a) she or (b) her department has received any response to the specified advertisements; if so, in each case, what was the nature of the response NO973?
whether this investigation relates to the dismissal of a certain person (details furnished); if not, what is the position in this regard; if so, what are the relevant details NO1003?
whether she will make the report by the office of the Auditor-General in 2009 (details furnished) public; if not, why not; if so, what are the reasons for the continued censoring of the report NO982?
Whether the Government informed Mr Mubarak prior to his departure on 11 February 2011 that he had to resign; if so, when; if not, how does the Government reconcile its commitment to human rights and democracy with its failure to publicly call for Mr Mubarak's resignation before 11 February 2011 NO979?
whether she will make a statement on the matter NO834?
whether she intends taking any action with regard to these (a) bank accounts, (b) fixed property and (c) investments; if not, why not; if so, what steps NO981?
whether he has been informed of the difficulties which the delay in reconstructing the state security cluster has caused with regard to oversight by the Auditor General and the Inspector General; if so, what steps has he taken to ensure oversight in the past year NO978?
whether arrangements are being made to increase accessibility to voting stations in the 2014 general election for South Africans who are temporarily resident outside of the country; if not, why not; if so, what are the relevant details NO976?
what was the reason for the increased contract price as indicated by the said company in the contract of December 2007 and (b) from what section of her department's budget were the extra funds for this contract obtained NW984?
whether she intends launching such an investigation in the future; if so, (a) what are the relevant details and (b) what impact does this corruption have on service delivery NO983?
whether his department has encountered any challenges in establishing small claims courts; if so, (a) what challenges and (b) how does his department intend to deal with the challenges NO989?
whether he will make a statement on the matter NO833?
Whether, in light of the proliferation of firearms, he has considered any measures to improve the control and use of firearms by the (a) SA Police Service (SAPS) and (b) other government departments; if not, what is the position in this regard; if so, what measures NO968?
Whether the South African Police Service keeps its firearms in boxes, plastic packets and unbolted trunks at some police stations; if so, (a) why are different safety standards demanded of civilian firearm owners with hefty penalties for violations of these standards and (b) what remedial measures has he put in place to correct this violation of firearm safety in such police stations NO1000?
whether a memorandum of understanding between the office of the Public Protector and her department has been signed; if not, (a) why not and (b) when she envisages such a memorandum will be finalised; if so, what are the relevant details of this memorandum NO975?
<fn>GOV-ZA.33262En.2012-02-10.en.txt</fn>
The 2010 FIFA World Cup has seen visitors and locals alike grabbing headlines not just for their extraordinary experiences at World Cup stadia and tourist attraction sites, but for making regular appearances in the country's dedicated World Cup courts, writes Irene Naidoo.
<fn>GOV-ZA.3326En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.3327381En.2012-02-10.en.txt</fn>
Whether she has received consensual advice regarding the R500million lease with certain company (name furnished) that made her to sign off the lease without any further investigations and/or references in this regard; if not, what is the position in this regard; if so, what was the legal advice she received in which she acted upon CW 30?
Yes, the legal advice was sourced from both our own Legal Services and the State Attorney. At no stage did we procure any legal advice from any company.
The legal advice received was that the lease agreement is valid and enforceable.
<fn>GOV-ZA.3330En.2012-02-10.en.txt</fn>
Cape Town, Durban, Johannesburg, Nelspruit, Mangaung/Bloemfontein, Tshwane/Pretoria, Rustenburg, Polokwane, Port Elizabeth assisting South African citizens abroad. South Africa's diplomatic and consular Missions help to enhance the country's international profile and serve as strategic mechanisms for the achievement of South Africa's international interests.
The OAU was established on 25 May 1963 in Addis Ababa, Ethiopia, after the signature of the OAU Charter by representatives of 32 governments. South Africa became the 53rd member in 1994.
The implementation of the Abuja Treaty introduced a process to be completed in six stages over 34 years, i.e.
The former President of Mali, Mr Oumar Alpha Konare, was elected the new chairperson of the Commission, while Mr Patrick Mazimhaka of Rwanda was elected his deputy.
By September 2003, work on its substructures had progressed well. These will involve the African Standby Force, the Panel of the Wise, the Early Warning System, as well as a Peace Fund to support the activities of the PSC. The Rules of Procedure of the PSC will also have to be concluded. Once the PSC has been established, the Executive Council is mandated to vote on its membership - five countries serving three years each and 10 countries serving two years each.
To this end, the AU must co-ordinate and take decisions on policies in areas of common interest to member states, as well as co-ordinate and harmonise policies between existing and future RECs, for the gradual attainment of the objectives of the AU.
<fn>GOV-ZA.333246502En.2012-02-10.en.txt</fn>
The Minister of Communications intends to introduce the Independent Communications Authority of South Africa Amendment Bill, 2010 during the course of the 2010 Parliamentary Programme.
The proposed Bill is hereby published for comment.
or e-mail to: lerato@doc.gov.
Please note that comments received after the closing date may be disregarded.
Please contact Lerato Monareng at tel. (012) 4278217/8070 for any enquiries.
Bill published in Government Gazette No of.
GENERAL EXPLANATORY NOTE: Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
To amend the Independent Communications Authority of South Africa Act, 2000, so as to change the position of chief executive officer to chief operations officer; to clearly differentiate between the functions of the Council and the chief operations officer; to improve turn-around times; to establish a Tariff Advisory Council; to improve the functioning of the Complaints and Compliance Committee; and to provide for matters connected therewith.
Amendment of section 3 of Act 13 of 2000 1.
"(1A) The Authority is [deemed to be] the Regulator contemplated in the Postal Services Act.".
Amendment of section 4 of Act 13 of 2000 2.
must continue with the performance of its duties and functions despite the institution of legal proceedings against the Authority, until such time as a court order directs otherwise.
the chief executive officer appointed in terms of section 14.
U(f) The power to grant, renew, amend or transfer any individual licence may [only] not be delegated to a councillor or to a committee of the Council.
by the deletion for paragraph (g) of subsection (4).
perform any function assigned to him or her in terms of any law.
perform such other functions as the Minister may determine, subject to prior notification being given to the National Assembly.
Amendment of section 48 of Act 13 of 2000 3.
"(a) submit written representations [within 60 days from the date of publication] on or before a date specified in the notice, which date may not be earlier than 30 days from the date of publication of the notice; and".
Amendment of section 4C of Act 13 of 2000 4.
the details of the place where and the time when the finding and the reasons for the finding can be obtained by the public.
Amendment of section 5 of Act 13 of 2000 5.
"(d) The Minister must when appointing the chairperson and councillors, assign to the chairperson and each of the councillors respectively, primary responsibility for licensing, monitoring and compliance, markets and competition, technology engineering, economic regulation, postal matters and any other relevant field."
"(ii) possess suitable qualifications, expertise and experience in the fields of, amongst others, broadcasting, electronic communications and postal policy or operations, public policy development, electronic engineering, law, [marketing, journalism, entertainment, education,] information technology, electronic content, consumer protection, economics, finance or any other relevant expertise or qualifications.".
Amendment of section 6A of Act 13 of 2000 6.
set a procedure to measure and review performance at least [once] twice a year.
Assembly for that purpose. which panel must be chaired by the Minister or his or her delegate.
"(5) The panel contemplated in subsection (4) must, after an evaluation of the chairperson or other councillor, submit a report to the National Assembly for consideration and decision."
"(6)The Minister must ensure that the decisions of the National Assembly contemplated in subsection (5) are implemented.".
Amendment of section 14 of Act 13 of 2000 7.
"14. Chief Operations Officer and Staff.
the chief operations officer must appoint such staff as the Council may deem necessary to assist the Authority and the chief [executive] operations officer, as the case may be, with all such work as may arise through the performance of its functions.
subject to paragraph (a), apply equal opportunity employment practices.
Amendment of section 15 of Act 13 of 2000 8.
Section 15 of the principal Act is hereby amended by the deletion of subsection (2).
Insertion of section 168 in Act 13 of 2000 9.
168. Tariff Advisory Council.-(1) The Authority must establish a Tariff Advisory Council to advise the Authority on rates in respect of electronic communications network services, electronic communications services, broadcasting services and postal services.
The terms and conditions of allowances, composition and meetings applicable to the Tariff Advisory Council by virtue of its appointment in terms of subsection (1) must be as determined by the Authority in concurrence with the Minister.
matters of policy relevant to communications costs arising out of or in connection with the application of the provisions of the Electronic Communications Act and the Postal Services Act, 1999(Act 124 of 1998).
perform research and act as a forum for discussion by stakeholders of ways to reduce communications costs.
Amendment of section 17A of Act 13 of 2000 10.
by the substitution for subsection (1) of the following subsection: "(1) The Authority must establish a Complaints and Compliance Committee which consists of not more than seven members nominated by the Minister in consultation with the National Assembly and appointed by the Authority, [one] two of whom must be fa councillor] councillors."
preside at hearings of the Complaints and Compliance Committee.
Amendment of section 178 of Act 13 of 2000 11.
"(i) all matters referred to it by the [Authority] Council;".
Amendment of section 17C of Act 13 of 2000 12.
Committee within 60 days of becoming aware of the alleged non-compliance.
Committee for consideration.
"(4) The Complaints and Compliance Committee may hold a pre-hearing conference for the purpose of the mediation of a complaint or giving direction to the parties regarding the procedure to be followed at a hearing and other relevant matters determined by the Complaints and Compliance Committee."
"(5) NotWithstanding this section, the Authority may prescribe procedures for the handling by the Complaints and Compliance Committee of urgent complaints and noncompliance matters.".
Amendment of section 17D of Act 13 of 2000 13.
"(1) The Complaints and Compliance Committee must commence the hearing contemplated in section 178 within 45 days from the date the complaint is lodged as contemplated in section 17C and make a finding within [90 days from the date of conclusion of a hearing contemplated in section 17B] 60 days from the date the complaint is lodged."
by the deletion of subsections (2) and (3).
Substitution of section 17E of Act 13 of 2000 14.
17E. [Decision by Authority] Orders.
the steps taken by the licensee to ensure that similar complaints will not be lodged in the future.
prohibit the licensee from providing the licensed service for [such] £!
direct the licensee to comply with any settlement.
[(3) The Complaints and Compliance Committee must submit its finding and recommendations contemplated in subsections (1) and (2) and a record of its proceedings to the Authority for a decision regarding the action to be taken by the Authority within 60 days.
The [Authority] Complaints and Compliance Committee must make a decision permitted by this Act or the underlying statutes and provide persons affected by such decision with written reasons therefore.
Any finding by the Complaints and Complaints Committee as contemplated in section 170 or order issued as contemplated in this section, shall be a deemed a finding or order of the Authority.
Amendment of section 17H of Act 13 of 2000 15.
"(f) fails to comply with [a decision] an order made by the [Authority] Complaints and Compliance Committee in terms of section 17E; or".
Substitution of word "chief executive officer", in the English text in Act 13 of 2000 16.
The English text of the principal Act is hereby amended by the substitution for the word "chief executive officer", wherever it occurs, of the word "chief operations officer".
The chief executive officer which is in office at the time of the promulgation of this Act, if any, shall be deemed to be the chief operations officer appointed in terms of section 14 of the principal Act for the remainder of his or her original period of office.
BACKGROUND AND OBJECTS The main purpose of the Bill is to amend the Independent Communications Authority of South Africa Act, 2000 (the Act), so as to change the position of Chief Executive Officer to Chief Operations Officer and to clearly differentiate between the functions of the Council and the Chief Operations Officer. The turn-around times of some of the responsibilities of the Authority are improved. A Tariff Advisory Council is created. The functioning of the Complaints and Compliance Committee is revised to improve the turnaround times for resolution of complaints and its effectiveness.
2.1 Amendment of section 3 of Act 13 of 2000 Clause 1 removes the deeming provision in section 3(1A) that deems ICASA as the Postal Regulator as it is now generally well known.
Clause 2 adds a ne'# subsection (1A) to ensure that ICASA continues 'vvith the performance of functions despite legal challenges. Subsections 4(3)(c) and (d) of the Act are amended to correct terminology -'assign' and not 'manage' the radio frequency spectrum, and add an obligation to monitor compliance with licence conditions. A new subsection 4(3)(0) is added to oblige ICASA to implement policy and policy directions.
Licensing powers may not be delegated.
It further seeks to add more functions in respect of Chairperson in subsection 5(5) i.e.
Perform other functions determined by the Minister, following notification given to the National Assembly.
2.3 Amendment of section 4B of Act 13 of 2000 The purpose of clause 3 is to reduce unreasonably long consultation periods during inquiries, to improve turn-around times and thereby strengthening the Regulator.
2.4 Amendment of section 4C of Act 13 of 2000 Clause 4 seeks to reduce the time within which ICASA must make a finding on the subject matter of an inquiry from 180 days to 90 days of the conclusion of the inquiry.
2.5 Amendment of section 5 of Act 13 of 2000 The purpose of clause 5 is to assign specific areas of responsibility to specific Councillors. It also removes less important qualification criteria in respect of the appointment of Councillors and adds more relevant fields such as consumer protection.
2.6 Amendment of section 6A of Act 13 of 2000 Clause 6 seeks to improve the performance management system applicable to the Council by further clarifying the responsibilities of the National Assembly and the Minister respectively.
2.7 Amendment of section 14 of Act 13 of 2000 Clause 7 seeks to amend the Chief Executive Officer position to that of a Chief Operations Officer. It further clarifies the role of the COO compared with Council. It states that the Council determines the staff establishment and appoints the COO. It further clarifies that the COO implements decisions of the Council and performs assigned and delegated functions and duties.
2.8 Amendment of section 15 of Act 13 of 2000 Clause 8 seeks to delete subsection 15(2) that determines that the Chief Executive Officer is the accounting officer of ICASA.
2.9 Insertion of section 168 in Act 13 of 2000 Clause 9 seeks to introduce a Tariff Advisory Council to advise ICASA and the Minister on tariffs and related matters.
2.11 Substitution of word "chief executive officer", in the English text in Act 13 of 2000 Clause 16 seeks to substitute the word "Chief Executive Officer" with "Chief Operations Officer" wherever it appears in the Act.
Transitional provision The transitional provision in clause 17 is necessary to ensure the transition from Chief Executive Officer to Chief Operations Officer.
Cost of changing the appointment of the chairperson of the Complaints and Compliance Committee to a full-time appointment and appointment of a Tariff Advisory Council.
The State Law Advisers and the Department of Communications are of the opinion that the Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution, since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.33324650En.2012-02-10.en.txt</fn>
The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003). since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.3335En.2012-02-10.en.txt</fn>
The City of Tshwane is seeing a successful 2010 FIFA World Cup out with a bang this week with an all-star line-up at the Fan Fest in Centurion, both on match days and non-match days.
<fn>GOV-ZA.33377617En.2012-02-10.en.txt</fn>
This notice supersedes Government Notice No. 597 published in Government Gazette No.
I, Gen (Ret) Siphiwe Nyanda Minister of the Department of Communications, in terms of section 3(1) of the Electronic Communications Act, 2005 (Act No.
2005, hereby publish the National Broadband Policy, contained in the schedule attached hereto.
STA.ATSKOERANT, 13 JULIE 2010 No.
1 Context.. . .. . .. .. . . .. ... . ..... ...................................... . ...................................... 4 1.
Legislative frame\i'Jork 6 1.
Definition of broadband for South Africa 6 1.
BROADBAND POLICY OBJECTiVE 7 2.
Building the information sOciety 7 2.
Increasing affordability 8 2.
Economic development and growth 1 0 3.1.
Stimulating growth of SMME's and cooperatives 10 3.1.
I ncreasing employment 1 0 3.1.
Reducing the cost of communication 10 3.1.
I mproving marketability and encouraging investment 11 3.
Social benefits 11 3.2.
Improved quality of education11 3.2.
Improved quality of health services 11 3.2.
Improved quality of government services 12 3.2.
Access , 12 4.1.
Universal access to broadband 13 4.1.
Access for needy persons 13 4.1.
Access for legal personae 13 4.1.
Spectrum for broadband 13 6 No. 33377 GOVERNMENT GAZETTE. 13 JULY 2010 4.
Creating an enabling environment for broadband growth 14 4.2.
Electronic communications network services (ECNS) -infrastructure based competition 14 4.2.
Electronic communications services (ECS) -services based competition 14 4.2.
Physical infrastructure sharing 14 4.
Usage 15 4.3.
Uptake and usage 15 4.3.
Security 15 4.3.
Roles 16 5.1.
National Government 16 5.1.
Provincial Government 17 5.1.
Local Government 17 5.1.
State owned enterprises 18 5.1.
Private sector ........................... . ............... 18 5.
Implementation 18 5.2.
Broadband Inter-Governmental Implementation Committee 18 5.2.
B No.
It is acknowledged that both the private and public sector has played a significant role in the current provision of Broadband infrastructure. However this is not sufficient and as such requires direct policy intervention and strategic investment.
1.1 .6 The funding of Broadband services in the South African context is both fragmented and uncoordinated. At a national level all national departments have budgets that are allocated to ICT roll-out, however these are not spent appropriately and in a coordinated fashion. Further provincial and local Government competencies are not duty bound to coordinate ICT programmes and policies for national benefit and homogeneity. This policy therefore proposes to create a uniform, integrated, homogeneous and coordinated Government approach on the roll-out of Broadband in South Africa, thus ensuring both optimal utilisation of resources and coordinated rollout of infrastructure.
This Policy focuses on increasing the accessibility, availability, affordability and usage of Broadband services throughout South Africa.
Broadband services ("always available, high speed multimedia capable network services") have been identified globally as a powerful transformative force. Affordable access to these networks has become a key priority for governments internationally. Broadband empowers individuals, communities and businesses through access to the "Information Superhighway" which provides access to local and international electronic content.
STAATSKOERANT, 13 JULIE 2010 No.33377 that can increase productivity and marketability through the use of communication services.
This policy acknowledges the achievement of the private and public sector in establishing the Broadband infrastructure as it exists today. However this infrastructure is mainly confined to urban areas and is limited in affordability and accessibility. The policy also acknowledges that Broadband and ICT initiatives are already underway in the three spheres of Government.
articulate the Government's commitment to providing appropriate support for digital inclusion. thus building the information society; and clarify the roles of the Government, State Owned Enterprises (SOEs) and the private sector in developing world-class Broadband infrastructure in the country.
the Electronic Communications Act (ECA) 36 of (2005).
the Inter-Governmental Relations Framework (fGRF) Act (2005). which sets the framework for the interaction and relationship between the three spheres of Government; and the Electronic Communications Transactions (ECT) Act (2002). which sets the framework for electronic transactions and the verification thereof.
10 No. 33377 GOVERNMENT GAZETTE. 13 JULY 2010 internationally. Even within the International Telecommunications Union (ITU) the different sectors. in alignment with their functions, have different definitions for Broadband. The Standardization Sector defines Broadband as a speed of 1.5 to 2 Mbps while the Development Sector defines Broadband to be 256 kbps.
Comparative research demonstrated that the definition of Broadband in different countries, varies between 128 kbps and 10 Mbps.
South Africa will follow the guideline from the ITU Development Sector and as such Broadband will be interpreted as an always available, multimedia capable connection with a download speed of at least 256 kbps.
The vision of this policy is to ensure universal access to Broadband by 2019 by ensuring that South Africans are able to access Broadband either individually, or as a household, subscribe to a Broadband service, or are able to access a Broadband service directly or indirectly at a private or public access point.
To facilitate the provisioning of affordable, accessible, universal access to Broadband infrastructure to citizens, business, communities and the three spheres ofGovernment, and to stimulate the usage ofBroadband services in order to promote economic development and growth and act as an enabler for further social benefits.
As part of the o~ective to facilitate the provisioning of affordable, accessible, universal access to Broadband infrastructure, focus is also placed on the building of the information society, increasing affordability and the increase of uptake and usage of Broadband services.
12 No.33377 GOVERNMENT GAZETTE, 13 JULY 2010 to citizens electronically. This content will be used by citizens to access and interact with Government and will further stimulate the demand for Broadband services.
Digital literacy is critical for the increase of uptake and usage of Broadband services. It is acknowledged that there are other initiatives that focus on improving digital literacy.
Broadband is recognised as a strategic tool in the building of an information economy and society. Extensive international studies have been performed on the benefits of investing in Broadband infrastructure. In every such study Broadband has demonstrated the ability to deliver substantial economic growth, increased employment and vast societal benefits. The potential benefits will positively contribute to the improvement of lives of many South African households by. for example improving communication, access to services. employment and business opportunities. The benefits of investment in Broadband infrastructure in South Africa will not be limited by our national borders but will extend to the Southern African Development Community (SADC) region as a contributor to the regional strategy in relation to ICTs.
o reducing the cost of communication; and o improving marketability and encouraging investment.
o improved quality and access of government services; and o reduced carbon emissions.
3.1.4.1 Provinces will be able to increase their marketability, both inside the country and globally and attract investment by ensuring the availability and affordability of Broadband services. This will have a positive impact on provincial economic growth and will enable provinces to become more competitive. Broadband does not only provide access to provincial and municipal governments, but it also allows their businesses and citizens access to the rest of the world.
3.1.4.2 Access to Broadband creates opportunities to improve efficiency for both the private and public sector and ensure that services are more readily and speedily available to customers and communities.
3.1.4.3 Universal access to broadband will also contribute to reducing spatial inequalities in South Africa which had developed out of a system that fostered lopsided economic development through the unequal distribution and access to economic opportunities and assets. The ability to communicate increases the marketability of especially rural provinces and municipalities as investment destinations, making it more attractive for businesses to directly invest into these areas. Broadband investment in rural areas will act as a counter measure to the migration of persons to metropolitan areas, through local development initiatives as a result of this investment.
3.2.1.1 Broadband can improve the quality of education by enabling the delivery of digital content and iessons to aii learners, regardless of their iocation, over Broadband networks. A further benefit is the improvement of communication between different educational institutions at different levels of government.
3.2.1.2 Broadband access creates an opportunity for citizens to increase their knowledge through research and collaborative team work. It also provides an opportunity for citizens to become ICT literate, increasing their value in thejob market.
3.2.2.1 The healthcare sector is one of government's priorities, and can be greatly improved through the use of ICTs and Broadband. As an example improved communication between health care centres can greatly improve health care.
STAATSKOERANT, 13 JULIE 2010 No.33377 15 3.2.2.2 Broadband services can enable the use of a number of applications such as telemedicine, remote diagnosis and the treatment and care of patients in rural areas.
3.2.2.3 Online inventory systems. enabling the electronic prescription and ordering of medicine in health care institutions can significantly improve the access and efficiency of current systems. Availability of electronic medical patient records will facilitate uninterrupted and reliable treatment of patients.
3.2.3.1 Government's ability to communicate with the citizens is central to service delivery. Universal access to Broadband services can greatly enhance Government's capability of communicating with its citizens. Government services need to be updated to incorporate services that citizens could access online and use not only for information purposes but also for transactional purposes. This would reduce the cost of govemance and would enhance service delivery, CIS turnaround times could improve significantly.
3.2.4.1 Broadband also has the potential to indirectly reduce carbon emissions. The ITU-T is focussing on the role leTs can fulfil in order to reduce green house gases. As an example video conferencing has the potential to reduce travelling which supports the reduction of green house gases.
Ensuring access to Broadband services is the first of the three essential key priority areas considered in this policy. These areas are critical components for the realisation of the potential benefits, as listed in section 3 of this policy, of increased Broadband penetration in South Africa. This key priority area is specifically concerned with the provision of infrastructure towards achieving the goal of universal access.
4.1.1.1 It is the intention of the policy to ensure that people in South Africa have universal access to Broadband services. Success will be measured based on the targets set in section 5.2.2 of this document, specifically referring to individuals.
4.1.1.2 To achieve universal access to Broadband networks there are three components that should be addressed: access to international networks. national backbone networks and local networks. All three these components are required to facilitate universal access. While the policy does not specifically distinguish between the three, they will be considered individually during the implementation phase. Depending on the challenges experienced with regards to achieving universal access to Broadband, government will through policies intervene in any of the three components mentioned above to address the universal access to Broadband.
4.1.2.1 Access to Broadband networks can create many opportunities for social development and access to job-opportunities for needy persons. Citizens using Broadband services can communicate and work from anywhere, providing means to needy persons to contribute their skills and time towards achieving their own goals and thereby benefiting from social upliftment and economic growth. Needy persons will be assisted to access Broadband services through appropriate means, such as the provision of subsidies from the Universal Service and Access Fund (USAF), as contemplated in section 88 the Electronic Communications Act, 36 of 2005.
4.1.3.1 All public and private institutions, as well as civil society. must have access to Broadband services. This will ensure demand stimulation and uptake of ICTs by Government departments especially in education and health. Content from departments will be used for both information purposes as well as e-government service delivery to citizens. This will ensure that education and health facilities have access to Broadband.
4.1.4.1 This Policy recognises that the radio frequency spectrum is a scarce national resource and that the allocation shall be guided by the developmental objectives in the public interest.
18 NO.33377 GOVERNMEt\lT GAZETTE.
STAATSKOERAJ\lT, 13 JULIE 2010 NO.
It is necessary to distinguish between the roles of the three spheres of Government.
namely National. Provincial and Local Government. The policy further articulates the roles of the SOEs, and the private sector.
promote access to SMEs, co-operatives, rural areas and private households, and bridge the digital divide including through community and workplace access facilities; and promote and advance economic development goals through infrastructure build as well as in broadband provision by the public and private sectors. These goals include opportunities to grow employment and identify local industrial opportunities. rural development and strengthening the knowledge based economy.
5.1.1.2 National Government will by means of policy, direct the Authority to create an enabling regulatory environment for the private and public sector to develop infrastructure, services and applications towards the increase of access to and affordability of Broadband services.
20 No.33377 GOVERNMENT GAZETTE, 13 JULY 2010 5.1.1.3 The Department of Communications, as the custodian of ICTs in South Africa, will be ultimately responsible for the implementation of the policy as a whole.
5.1.2.1 This policy acknowledges the different ICT initiatives in provincia! government as It'Jell as the unique requirements of the different provinces.
connecting the provincial government and its entities with Broadband services and enabling the distribution of e-government services to drive the demand for Broadband and promote uptake and usage; and investing in the development of local content and Broadband awareness to support uptake and usage of Broadband services.
5.i.3.i This poiicy acknowledges the different jeT initiatives in iocal government as well as the unique requirements of the different municipalities.
identifying mechanisms to realise the potential benefits of Broadband; and preventing duplication of investment by advising National Treasury on government investment in Broadband electronic communication infrastructure on national, provincial and local government levels.
address all issues of national and provincial importance as related to Broadband; and be the custodian of all issues on Broadband and related matters.
The Broadband Inter-Governmental Committee in facilitating the implementation of the Broadband policy. through an implementation plan, will ensure that short and long term targets are achieved.
5.2.2.1.1 The Broadband Inter-Governmental Implementation Committee will be tasked to conduct a survey on the current status of Broadband in South Africa as well as the relevant market players in the industry.
5.2.2.1.2 Broadband penetration as well as ECN connectivity to municipalities will be used as the measure to determine the success of this policy. To ensure the measurability of penetration in terms of individuals this goal will be set per household, as this is the unit currently in use by Statistics South Africa.
STAATSKOERANT, 13 JULIE 2010 No.33377 23 5.2.2.1.3 The Broadband Policy shall be reviewed from time to time as determined by the Minister of Communications.
5.2.2.2.1 I n terms of access penetration, South Africans shall have universal access to Broadband services by 2019. Universal access meaning, for example, that there will be a public ICT access point within a two kilometre radius of any person in a sparsely populated area.
5.2.2.2.2 In terms of service penetration, household Broadband penetration should be at least 15% by 2019.
5.2.2.2.3 ECN connectivity should be available to all municipal areas by 2019.
6.1 Government's objectives include social upliftment and economic growth. One of the methods to achieve these goals is to increase the access to and availability of Broadband services. Broadband services open the global village to South Africa and its citizens by providing an electronic communications highway and enabling its people to communicate and transact anywhere, anytime in both urban and rural areas. South Africa's economy is in a transition phase like many other developing economies around the world, and investment into Broadband is crucial for South Africa to progress into a knowledge based economy. Broadband is a key catalyst to accelerate the country's developmental agenda as well as to achieve the Millennium Development Goals.
24 No.
In 2007, the South African Government approved the building of an information society. This decision was based on the outcome of the United Nations World Summit on the Information Society. This summit resolved that Information and Communication Technology (lCT) infrastructure is the foundation to the development of an information society. (World Summit on Information Society (WSIS) Action Line C2, Information and Communications Infrastructure is an essential foundation for the Information Society.) The development of a Broadband Policy is in line with world trends and is critical for South Africa to ensure realisation of the goal of an all inclusive information society that can enjoy the economic benefits associated with Broadband in both urban and rural areas.
Broadband platforms promote the convergence of voice, data and audio visual services onto a single network. Broadband infrastructure is central in achieving the goal of digital inclusion, enabling universal, sustainable, ubiquitous and affordable access to ICTs by all. and providing sustainable connectivity and access to remote and marginalized areas at nationaL provincial and municipal levels.
The Organisation for Economic Cooperation and Development (OECD) states in their December 2008 Broadband statistics report that the average penetration rate, in OECD member states, for Broadband is 22.4%. South Africa had just over 1 million Broadband connections which translates into a penetration rate of 2% of individuals. South Africa is clearly well below the average penetration rate with regards to Broadband. The International Telecommunication Union (lTU) further confirms that South Africa has a Broadband penetration rate of 2% and just over a million Broadband connections.
From these statistics it is clear that Broadband penetration in South Africa is low. This situation can be ascribed to the unavailability of electronic communications infrastructure and the high cost of Broadband services, stifling growth of the information society.
1.1 .5 The lack of affordable universal access to Broadband services, slows economic growth and inhibits social benefits such as better education and health services.
STAATSKOERANT, 13 JULIE 2010 No.33377 11 individuals. communities and people to realise their full potential in promoting sustainable development and improving the quality of their life. This has informed the country's vision 'To establish South Africa as an advanced information society in which information and ICT tools are key drivers of economic and societal development...
This vision can only be attained if the country has reliable. robust and secure infrastructure that is available. accessible and affordable to all. Experience across the world has shown that well-developed information and communication network infrastructure as well as applications. adapted to national and local conditions. that is easily accessible and affordable. can accelerate the social and economic progress of a country, as well as the well-being of individuals and communities.
It is evident in the South African market that the provision of Broadband services in certain areas is prohibitively costly. The Government will intervene to expand networks into these marginal areas as contemplated under Chapter 14 of the Electronic Communications Act. 36 of 2005. Various options for the construction. operation and maintenance of networks in under-serviced areas will be developed by USAASA (Universal Service and Access Agency of South Africa) and implemented in co-operation with other stakeholders in their locations. This will ensure that access to Broadband services becomes affordable and available for citizens. businesses. civil society and government.
The development of content to increase the uptake and usage of Broadband is especially important in the areas of education, health and e-government.
ICTs have to be incorporated as a developmental tool in order to effectively increase uptake and usage, especially at household level. To achieve a knowledge based economy households and businesses should continuously be exposed to the use and benefits of ICTs and particularly Broadband services.
STAATSKOERANT, 13 JULIE 2010 No.33377 13 3.
Broadband creates an environment that stimulates economic activity and can contribute to economic development and growth. Universal access to Broadband services can lower the cost of telecommunications and attract business to provinces and municipalities, thereby stimulating their economic environments and increasing economic growth.
Therefore Broadband has an indirect impact on economic growth through improved ease of communications and the distribution of products and services to a wider market.
3.1.1.1 Stimulating growth of SMME's and cooperatives SMMEs and cooperatives can gain a competitive advantage by using Broadband, by reducing barriers to entry of markets through increased access to information as this technology would expose them to a broader market where they can promote and sell their products and services on the global scale. Broadband will also benefit cooperatives and SMMEs by reducing their cost of association.
3.1.1.2 Broadband will enhance both backward and forward economic linkages. Forward linkages will be enhanced through access to new domestic and international markets. SMMEs will also benefit from enhanced backwards linkages; especially in the rural context this will give them access to more suppliers and more competitive inputs thus increasing their bargaining power with suppliers and the competitiveness of their product.
3.1.2.1 I ncreasing employment Broadband networks have been shown to have a direct impact on employment. It is however the use of these networks towards growing economic activity and enhancing social development, that unlocks the potential increase in employment.
3.1.3.1 Reducing the cost of communication The cost of communication can be reduced by an increased rollout on infrastructure and improved availability of Broadband services. Reducing the cost of communication will be beneficial to citizens, business and government by reducing the cost of doing business and by making a wider range of products and services available at affordable prices.
STAATSKOE RANT, 13 JULIE 2010 No.33377 17 4.
Increasing competition, in both electronic communications network services (ECNS) infrastructure and electronic communications services (ECS), will improve the affordability of Broadband to government.
4.2.1.1 Creating an enabling environment for broadband growth Government will continue to promote competition in the market as contemplated under the Electronic Communications Act. 36 of 2005. In areas that are not economically viable, government witl intervene to increase the availability of infrastructure and services subject to section 5.1 of this document. The different categories of competition are listed below and will apply as relevant to the particular situation in the market.
4.2.2.1 Electronic communications network services (ECNS) -infrastructure based competition ECNS infrastructure based competition exists between operators of ECNS licensees where each compete based on providing its own ECNS infrastructure.
4.2.2.2 An increase in infrastructure results in improved access and availability of networks, providing choice to the user and facilitating the reduction of the cost to communicate.
4.2.3.1 Electronic communications services (ECS) -services based competition ECS based competition exists between operators of ECS licensees where each compete based on the electronic communications services provided.
4.2.3.2 More services results in more choice, reducing electronic communications costs for users.
4.2.4.1 Physical infrastructure sharing World trends reveal that the sharing of infrastructure is a powerful mechanism for cost reduction, as this reduces the cost base of the infrastructure. The benefit of following such a model is that citizens gain access to Broadband at lower prices than would have been the case if operators each had to construct their own physical infrastructure.
4.2.4.2 Physical infrastructure, such as masts, buildings, roads and power supply, constitute a significant portion of the cost of establishing a network.
4.2.4.3 Physical infrastructure can be shared between different operators, reducing both cost and environmental impact.
Awareness of the benefits of Broadband services and confidence thereof. is essential to the uptake and usage of Broadband.
4.3.1.1 Uptake and usage The three spheres of government must seek to take the lead in increasing the uptake and usage of Broadband and promotion thereof in both urban and rural areas as a key priority.
4.3.1.2 Government needs to adopt ICTs in its everyday business practices and also develop interactive online capabilities.
4.3.1.3 This would enable citizens to transact with government electronically and thus enhance service delivery. Government also needs to promote awareness of ICTs and the benefits thereof as well as ensure departments are connected to ensure communication between them.
4.3.1.4 Relevant content development needs to be promoted in order to stimulate uptake and usage for both current and new broadband users.
4.3.1.5 Digital literacy amongst citizens is vital to the uptake and usage of broadband.
4.3.2.1 Security I ncreased and continual commitment to improve the security of Broadband must be made by all three spheres of Government and the private sector.
4.3.2.2 Government should ensure that the necessary regulatory framework for securing networks and users is developed.
4.3.3.1 Awareness The three spheres of Government should actively and continuously increase public awareness of Broadband in partnership with other stakeholders. Focus should be on the content, applications, communications ability and opportunities that Broadband can offer to all citizens in both urban and rural areas. This will support the uptake and usage of Broadband.
STAATSKOERANT, 13 JULIE 2010 No.
investing in the development of loca! content support uptake and usage of Broadband services.
5.1.4.1 State owned enterprises Government will use SOEs such as Sentech electronic communications networks services.
5.1.4.2 The Authority and all SOEs and Agencies should fulfil their various mandates as stipulated in the EC Act. The Authority (lCASA) will contribute by implementing the policy through regulation. The Agency (USAASA) will consider the targets set in the Broadband policy when allocating funding to various projects.
5.1.4.3 All SOEs in the ICT sector will also be utilised to achieve Governments developmental agenda and to contribute in bridging the digital divide.
5.1.5.1 Private sector The role of the private sector, as included here, does not provide an exhaustive list of functions, but merely seeks to establish the general concept.
5.1.5.2 The private sector will provide both wholesale and retail ECNS and ECS within the regulatory environment / framework as determined by the Authority.
5.1.5.3 The private sector will also be utilised to achieve Government's developmental agenda and to contribute towards bridging the digital divide through their license obligations.
5.1.5.4 The private sector will also, in partnership with implementation of specific developmental initiatives.
5.2.1.1 Broadband I nter-Governmental Implementation Committee A Broadband Inter-Governmental Implementation Committee, incorporating spheres of Government, will be established.
<fn>GOV-ZA.33384719En.2012-02-10.en.txt</fn>
I, Tokyo Mosima Gabriel Sexwale, Minister of Human Settlements hereby publishes the Rental Housing Amendment Bill, 2010 for public comment. A draft Bill together with a Memorandum on the Objects of the Bill is attached.
Private Bag X644 Pretoria 0001 Fax: (012) 421-1429 E-mail: phindiJe.fakude@dhs.gov.
(As introduced in the National Assembly (proposed section 76); Explanatory Summary of Bill published in Government Gazette No.
Words underlined with a solid line indicate insertion in existing enactments.
To amend the Rental Housing Act, 1999, so as to substitute certain definitions; to extend the application of Chapter 4 to all provinces; to require the MEC's and local authorities to establish Rental Housing Tribunals and Rental Housing Information Offices, respectively; to extend the powers of the Rental Housing Tribunals to rescind any of its rulings; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as followsAmendment of section 1 of Act 50 of 1999 1.
" 'prescribed" means prescribed by regulation [by the MEC, by notice in the Gazette];".
Amendment of section 6 of Act 50 of 1999 2.
This Chapter applies to all Provinces in the Republic of South Africa.
Amendment of section 7 of Act 50 of 1999 3.
Amendment of section 13 of Act 50 of 1999 4.
were granted as a result of a mistake common to all parties to the proceedings.
Amendment of section 14 of Act 50 of 1999 5.
"(1) [A] Every local authority [may] must establish a Rental Housing Information Office to advise tenants and landlords [in] with regard to their rights and obligations in relation to dwellings within [the area of such local authority's] their area of jurisdiction.".
Amendment of section 15 of Act 50 of 1999 6.
"The Minister must, after consultation with the [standing or portfolio on housing] relevant parliamentary committees and every MEC, by notice in the Gazette, make regulations relating to-".
Amendment of Chapters 4 and 5 of Act 50 of 1999 7. Chapters 4 and 5 of the principal Act are hereby amended by removing section 15 from Chapter 4 and inserting it under Chapter 5 before section 16.
1.1 Since the promulgation of the Rental Housing Amendment Act, 2007 (Act No. 43 of 2007), came into operation on 13 May 2008, the Department undertook a monitoring and implementation process with regard to the Act. It was identified that there is a need for each and every province to establish Rental Housing Tribunals. All provinces are faced with similar Rental Housing challenges, whether formal or backyard.
1.2 It was evident from the monitoring and implementation process that not all provinces have established Rental Housing Tribunals. Some of the provinces have only recently established their Rental Housing Tribunals and only after intervention by the Department. Furthermore, there are currently several local authorities which have not established Rental Housing Information Offices despite a dire need thereof.
1.3 In view of the above, the Bill seeks to amend sections 7 and 14(1) of the Rental Housing Act, 1999 (Act No. 50 of 1999), (the principal Act) in order to render the establishment of Rental Housing Tribunals in every province and the establishment of Rental Housing Information Offices in every local authority mandatory.
2.4 extend the powers of the Rental Housing Tribunals to rescind any of its rulings.
Representations were requested from the Head of Legal Services in the Provincial Departments and from the various Rental Housing Tribunals. Written and verbal presentations were received in this regard.
It will be obligatory for each province to establish a fully operational Rental Housing Tribunal.
It will be mandatory for every local authority to establish Rental Housing Information Office to advise tenants and landlords with regard to their rights and obligations in relation to dwellings within their area of jurisdiction.
6.1 The costs involved will be for the establishment and operations of the provincial Rental Housing Tribunals. However, in this regard, it should be mentioned that all the Provinces already have partly or fUlly operational Rental Housing Tribunals.
6.2 The other costs involved will be for the establishment and operations of the Rental Housing Information Offices in every local authority.
6.3 The Department will incur the costs associated with the implementation of the legislation. The Department will furthermore incur the cost for the publication of the Bill for public comments, information sessions, translations and other incidental costs in relation to the Bill. The said costs will be defrayed from the Department's budget.
7.1 The State Law Advisers and the Department of Human Settlements are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 76(1) or (2) of the Constitution of the Republic of South Africa, 1996, since it falls within a functional area listed in Schedule 4 of the Constitution, namely "Housing".
7.2 The State Law Advisers are of the opinior. that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.33434752partbEn.2012-02-10.en.txt</fn>
mathematics of Grade obtained in SACMEQ.
§. learners.
~ learners.
The following three tables illustrate where South Africa stands currently, and where we would like the country to go in the coming years. Though different groups of countries participate in different assessment programmes, a combined picture is obtainable by making use of the figures from countries that participate in more than one programme. In the first two tables, apart from the SACMEQ scores, scales that are the equivalents of the PIRLS Grade 4 reading scale and the TIMSS Grade 4 mathematics scale are provided.
600 Hong Kong, Singapore 580 Taiwan 560 Japan 540 Cuba, Kazakhstan, Russia, United Kingdom 520 United States, Germany, Australia 500 Italy, Canada, Swedcn 480 Czech Republic.
360 Argentina.
10 Ensure that all children remain effectively enrolled in school up to the year in which they turn 15.
II Improve the access of children to quality early childhood development (ECD) below Grade 1.
concern to UOUI I education Ministries.
Fulfilment of our statutory obligations regarding compulsory schooling. The South African Schools Act obliges the state and parents to ensure that all children are enrolled in school from the year in which they turn seven to the year in which they turn fifteen. This requirement covers South Africa's commitment within UNESCO's global Education for All (EFA) campaign to attain universal primary schooling by 2015. Currently the enrolment rate for this age range is high, at over 97%. Yet the figure implies that there are still around 250 000 children who are not participating in compulsory schooling. Many of these children are vulnerable and require special needs schooling, so a part of the challenge is to strengthen the implementation of the inclusive education policy and provide more access to special schools for the poor. In addition, there are children of compulsory school-going age who are formally enrolled at school, but whose day-to-day attendance is very poor. Assisting these learners must be an integral part of our efforts to realise compulsory basic schooling.
More quality early childhood development. The enrolment figures for early childhood development (ECD) have displayed major improvements in recent years.
12 primary education increased from 60% to over 80% in the last five years, largely due to improved public spending on Grade R and pre-Grade R ECD. However, just as there are concerns around the quality of primary schooling, there are concerns around the educational quality of Grade R and other forms of ECD. One measure of quality is whether the pre-Grade 1 education received by learners was formal or informal. Annual survey data indicate that by 2008 51 % of Grade 1 learners had participated in formal Grade R. It is Government's aim to increase this figure to 80% by 2014, but also ensure that 100% of Grade 1 learners have received some form of ECD, whether formal or informal, by this year. By 2019 all Grade 1 learners should have participated in formal Grade R. The 2001 White Paper on ECD had envisaged a gross enrolment ratio of just under 30% for the ages 0 to 5 by 2010. By 2008 a level of 32% had already been reached. This figure is comparable to those in other middle income countries. It is envisaged that the enrolment ratio for ages 0 to 5 should increase to 50% by 2024, which would correspond to an average of three years of ECD per child. In addition, Government will need to focus on improving the quality of all types of ECD as it is not enrolment in ECD as such, but rather enrolment in good quality ECD that contributes towards better learning outcomes in primary schools.
have currently not reached universal completion of secondary schooling. In the United States the figure is just under 80% and in the United Kingdom it is 90%. Moreover, South Africa's current enrolment ratio for upper secondary schooling, at around 92%, is relatively good compared to those of Botswana (58%), Mexico (61%), Cuba (91%), Malaysia (53%) and Turkey (72%). The challenge in South Africa at the FET level is partly to increase the current enrolment levels, but the challenge is also largely about creating more variety and better learning outcomes. The Action Plan and Schooling 2025 must chart a clear way forward for FET schools, based on a holistic view of FET generally. For this, further consultation and thinking is required.
A summary of current medium term challenges relating to improving schools are explained below, as well as likely goals (and in some cases indicators) to guide action over the longer term. Goals and especially indicators are explained in less detail here than was the case for the output goals described above. How action for better schooling is organised over the coming years in support of the sector's output goals requires much consultation and careful technical work. There is no shortage of plans at the national and provincial levels currently to deal with the improvement of schools, at least in the medium term.
The curriculum. The curriculum lies at the heart of the schooling process. It specifies what should be taught and how, and how learning in the classroom should proceed. A 2009 curriculum review led to a set of recommendations for changes that would make the school curricula easier to implement. Some recommendations have already been followed through. For instance, the requirement that teachers maintain individual learner portfolios was dropped given that records can be kept in a more consolidated fashion by teachers. The recommendation that more specific learning programmes be developed to guide teachers has resulted in the establishment of teams to develop such programmes, drafts of which will be released in 2010. It is important that we should not lose sight of over-arching principles that must guide curriculum development as we move forward. The curriculum must be educationally sound and based on appropriate pedagogic theory. It must be practical, easily understandable and implementable in the context of South African schools. As this context changes, the curriculum must be modified if necessary. The 2003 e-Education strategy for the education sector offers new opportunities and challenges in this regard. The curriculum should also strike the right balance between prescription and opportunities for teacher innovation in the classroom. The current shift towards clearer prescriptions is necessary, but this should not stifle genuine innovation and creativity by teachers. The ongoing struggle for a better treatment of language of teaching and learning in the curriculum must continue. We need more research into how the use of language in the classroom can reinforce the plans, some of which are excellent and well-focussed, into this Action Plan.
paragraphs 20 to 26.
languages be elevated should be taken seriously. Capacity within the country to assess and develop school curricula is not what it should be. Such capacity is currently being strengthened within the national department, which should clearly playa key role in this area.
Teachers. Teachers are primarily responsible for implementing the curriculum. In many ways the future economic and social development of the country depends on the capabilities, commitment and well-being of the approximately 365000 teachers who teach in the classrooms of South Africa's public schools. Current challenges with respect to teachers can be broken down into the following four policy areas.
An optimal distribution of teachers across the country. The total number of teachers in South Africa is below what it should be if one makes an international comparison. However, we also experience problems with respect to the distribution of existing teachers across schools. The problem of large classes is in part a result of a skewed distribution of teachers.
Support and accountability. Even for well trained teachers, teaching is often a difficult job that places a strain on the individual. Support to teachers should take the form of not just professional development, but also psycho-social support. At the same time, there must be sufficient teacher accountability. Teachers need to prepare for class, spend at least the required amount of time engaged in active teaching in the classroom, maintain the necessary assessment records (which were simplified in 2009) and ensure that they manage their time in such a way that teaching programmes are completed within the school year. The evidence suggests that too many teachers are not taking these responsibilities seriously enough. Time spent in the classroom has been found to be too low and in many cases programmes are not completed within the year, partly because there is too little accountability within the school and to the Department in this regard. The overarching framework governing support to teachers and teacher accountability must be a social contract between teacher organisations and the employer. Maintaining such a social contract has been found to be critical in many countries. South Africa has seen key successes in this area in recent years. The Quality Learning and Teaching Campaign (QLTe) brought together key stakeholders, including education departments and teacher organisations, around a core set of principles underpinning the improvement of schools. At a more operational level, there needs to be a set of transparent and fair procedures to incentivise good teaching, in monetary but also non-monetary terms, and to deal with under-performance, both through support and, where necessary, discipline. The Integrated Quality Management System (IQMS) is not a perfect system, but it provides a basis from which to move forward in this area. Key challenges in future will include finding better ways of incentivising whole schools to do better, recognising that improving results requires a team effort, and to base policy and practices more closely on what teachers themselves like and dislike. Monitoring improvements in the quantity of time spent teaching and in the completion of annual learning programmes should be a key concern.
School governance and management. Many of the problems seen in schools and described in this document come about as a result of inappropriate action, or perhaps more commonly, lack of action by the school principal. Amongst the country's more than 25000 school principals there are many exemplary principals. Yet many principals lack the management skills and sometimes the commitment to execute their responsibilities. A part of the problem is that normal lines of accountability between the principal and the Department are not always functioning as they should. Clearly, a school principal who does not comply with basic requirements such as the regular submission of a credible school development plan to the Department is unlikely to be maintaining proper lines of accountability within the school. Research points clearly towards the critical role of a good school principal in making a school functional. Over the coming years the professional ethos and identity of school principals will need to be strengthened. Steps in the right direction have been taken in recent years, for instance with the introduction of the middle management service (MMS) tier in the conditions of service regulations. Like teacher development, the capacity development of school principals needs to become more massive, more focussed on results and better monitored. The national department has a key role to play in promoting existing training programmes that clearly add value and in improving the institutional arrangements whereby principals access development programmes. Practicing principals with a proven track record should play a more direct role in the design of materials and the training itself. Moreover, ways should be found of tapping into the management expertise of NGOs and the private sector. School functionality is defined in several policies, in particular in the policies governing the Whose School Evaluation (WSE) programme. There should be better tracking of indicators that reflect school functionality. Many of the indicators already discussed in this document fall into this category. With regard to school governance, the evidence suggests that the current system of SGB elections and procedures provide a good basis for moving forward. The challenge will be to improve the levels of parent participation, in particular in more disadvantaged communities, and bring about a better focus on improving learning outcomes (as discussed earlier). Not only should improving results through more focussed action within the school become a central concern of the SGB, parents should be encouraged to play a stronger role in supporting learners in the home and insisting that learners attend school on time.
20 costly and it is important that it should have an impact. Evaluations of district support should partly be based on ratings of this support given by schools and teachers. District officials themselves often complain that districts are treated as 'post offices' and that administrative work ~;queezes out professional support duties. This tendency must be opposed, partly by ~ treamlining administrative processes and using e-Education to facilitate this work.
THIS ACT THEREFORE AIMS TO- O establish a criminal justice system for children, who are in conï¬ict with the law, in accordance with the values underpinning our Constitution and our international obligations, by, among others, creating, as a central feature of this new criminal justice system for children, the possibility of diverting matters involving children who have committed offences away from the criminal justice system, in appropriate circumstances, while children whose matters are not diverted, are dealt with in the criminal justice system in child justice courts; O expand and entrench the principles of restorative justice in the criminal justice system for children who are in conï¬ict with the law, while ensuring their responsibility and accountability for crimes committed; O recognise the present realities of crime in the country and the need to be proactive in crime prevention by placing increased emphasis on the effective rehabilitation and reintegration of children in order to minimise the potential for re-offending; O balance the interests of children and those of society, with due regard to the rights of victims; O create incrementally where appropriate, special mechanisms, processes or procedures for children in conï¬ict with the law- O that in broad terms take into account- O the past and sometimes unduly harsh measures taken against some of these children; O the long term beneï¬ts of a less rigid criminal justice process that suits the needs of children in conï¬ict with the law in appropriate cases; and O South Africa's obligations as party to international and regional instruments relating to children, with particular reference to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child; O in speciï¬c terms, by- O raising the minimum age of criminal capacity for children; O ensuring that the individual needs and circumstances of children in conï¬ict with the law are assessed; O providing for special processes or procedures for securing attendance at court of, the release or detention and placement of, children; O creating an informal, inquisitorial, pre-trial procedure, designed to facilitate the disposal of cases in the best interests of children by allowing for the diversion of matters involving children away from formal criminal proceedings in appropriate cases; O providing for the adjudication of matters involving children which are not diverted, in child justice courts; and O providing for a wide range of appropriate sentencing options speciï¬cally suited to the needs of children.
<fn>GOV-ZA.3349En.2012-02-10.en.txt</fn>
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URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=16773&tid=29469 Size: 5KB Speaker: S Ndebele Collection: speeches_cm?
URL: http://www.info.gov.za/speeches/1996/960828_23696.
<fn>GOV-ZA.33518866En.2012-02-10.en.txt</fn>
The Head: Legal Services Attention: Ms.
(As introduced in the National Assembly (proposed section 75); explanatory summary of Bill published in Govemment Gazette No.
[ ] Words in bold type in square brackets indicate deletion from existing enactments.
To amend the Natural Scientific Professions Act, 2003, (Act No.
to amend the National Research Foundation Act, 1998, (Act No.
to amend the Africa Institute of South Africa Act, 2001, (Act No.
to amend the Academy of Science of South Africa Act, 2001, (Act No.
to amend the Scientific Research Council Act, 1988 (Act No. 46 of 1988) SO as to amend certain definitions and insert certain new definitions; to correct certain references; to effect certain technical corrections; to delete certain inappropriate or obsolete provisions; and to provide for matters connected therewith; and to amend the National Advisory Council on Innovation Act, 1997 (Act No. 55 of 1997) so as to amend certain definitions and insert certain new definition; to provide for the appointment of an independent chief executive officer; to effect certain technical corrections; and to provide for matters connected therewith.
Amendment of section 1 of Act 27 of 2003 1.
"Constitution" means the Constitution of the Republic of South Africa, [1993 (Act No. 200 of 1993)] 1996 (Act No.
"Minister" means the Minister [of Arts, CUlture,] responsible for Science and Technology."
Amendment of Section 3 of Act 27 of 2003 2. Section 3 of the Natural Scientific professions Act, 2003, is hereby amended a.
"(iv) broadly represent the demographics of the Republic."
Amendment of Section 6 of Act 27 of 2003 3.
U(c) after the commencement of the Constitution of the Republic of South Africa, [1993(Act No. 200 of 1993)] 1996 (Act No.
"(e) was appointed in terms of section 3 ill(b) and ceases to be employed by the State".
Amendment of Section 20 of Act 27 of 2003 4.
"(i) if, after the commencement of the Constitution of the Republic of South Africa , [1993 (Act no. 200 of 1993)] 1996 (Act No.
"Minister' means the Minister [of Arts, Culture,] responsible for.
Amendment of Section 6 of Act 23 of 1998 2.
by the substitution for subparagraph (ii) of subsection (1)(a) of the following subparagraph: "(ii) not fewer than nine and not more than eleven other members, appointed by the Minister; after consultation with the Minister responsible for [of] Higher Education and Training; and".
"(SA) No member may serve more than two consecutive terms."
has, after the commencement of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), been convicted of an offence whether in the Republic or elsewhere, and sentenced to imprisonment without an option of a fine.
Repeal of Section 22 of Act 23 of 1998 3. Section 22 of the National Research Foundation Act, 1998, is hereby repealed.
Substitution of certain expression in Act 23 of 1998 4. The National Research Foundation Act, 1998 is hereby amended by the substitution for the expression 'president', wherever it occurs in the Act, of the expression 'chief executive officer'.
Amendment of Section 8 of Act 68 of 2001 2.
"(1) The Council must meet at least [three times a year] once a quarter, and meetings shall be held at such times and places as the chairperson may determine by notice in writing to the other members."
Repeal of Section 17 of Act 68 of 2001 3. Section 17 of the Africa Institute of South Africa Act, 2001 is hereby repealed.
Substitution of certain expression in Act 68 of 2001 4. The Africa Institute of South Africa Act, 2001 is hereby amended by the substitution for the expression 'council', wherever it occurs in sections 4, 8, 12, 14 and 18, of the expression 'institute'.
Amendment of section 1 of Act 67 of 2001 1.
Amendment of section 7 of Act 67 of 2001 2.
"(f) has been found gUilty of misconduct after a formal hearing for conduct which may bring the Academy into disrepute [, but a member may not vacate office until the next annual general meeting at which the vacation of office must appear on the agenda.]; and such finding has been confirmed at the annual general meeting".
"(4) Membership lapses if subscription fees, as prescribed, have not been paid within [three months after they become due] a stipulated period."
Amendment of section 14 of Act 67 of 2001 3.
"(1) The Academy may, sUbject to legislation and other formal agreements regarding international cooperation and in order to achieve its objectives, render support relevant thereto to any South African citizen in any territory outside the Republic."
Amendment of Section 1 of Act 46 of 1988, as amended by section 1 of Act 71 of 1990 1.
Amendment of Section 4 of Act 46 of 1988, as amended by section 3 of Act 71 of 1990 2.
(4) For the achievement of its objects contemplated in section 3, the CSIR, may in the field of research co-operate with departments of State, universities,[technikons] universities of technology, colleges, scientific institutions and other persons.
Amendment of Section 6 of Act 46 of 1988 3.
"(3) The Minister may after consultation with the [concurrence of the] Board determine that any property (excluding land and buildings) of the CSIR used by the CSIR in connection with the performance or exercise of the function or power transferred in terms of subsection (1), shall be transferred to the body of persons or department of State concerned."
Amendment of Section 7 of Act 46 of 1988 4..
"(2A) before appointing members of the Board, referred to in subsection 2(a) and (b), the Minister must appoint an independent panel which must compile a shortlist of candidates, after following a transparent and competitive nomination process."
"(5) The members of the Board, including the chairman shall all be persons who have achieved distinction in science [or]& industry or finance or who have special knowledge or experience in relation to some aspect of the CSIR's functions, and be broadly representative of the demographics of the Republic".
Amendment of Section 11 ofAct46 of 1988 5.
"(5) The Board must meet at least once a quarter".
Amendment of Section 15 of Act 46 of 1988 6.
by the deletion of paragraph (b) of subsection (1).
by the deletion of paragraph (a) of subsection (2).
Repeal of Section 17 of Act 46 of 1988 7.
Amendment of Section 18 of Act 46 of 1988 8.
"(6) any matter in respect of which the Minister considers necessary or expedient to regulate. in order to achieve the objects of this Act."
Substitution of Section 20 of Act 46 of 1988 9.
"20 The [State] President may by proclamation in the Gazette assign the administration of this Act to any Minister, and may determine that any power or duty conferred or imposed by this Act on such Minister, shall be exercised or carried out by that Minister after consultation with one or more other Ministers".
Repeal of Section 21 of Act 46 of 1988 10. Section 21 of the Scientific Research Council Act, 1988 is repealed.
Substitution of certain expressions in Act 46 of 1988 11. The Scientific Research Council Act, 1988 is hereby amended by the substitution for the expressions 'chairman', 'president' and 'Executive Management Board', respectively, wherever they occur in the Act, of the expressions 'chairperson', 'chief executive officer' and 'Executive Management Committee', respectively.
Insertion of certain words in Act 46 of 1988 12. The Scientific Research Council Act, 1988 is hereby amended by the insertion of the words 'or her' after the word 'his', wherever it occurs in the Act.
Substitution of Section 24 of Act 46 of 1988 13.
"24 This Act shall be called the Scientific Research Council Act, 1988, and shall come into operation on a date to be fixed by the [State] President by proclamation in the Gazette."
Amendment of section 1 of Act 55 of 1997 1.
'''innovation' [means the process of transforming an idea, generally generated through research and development into a new of improved product, process or approach, which realtes to the real needs of society and which involves scientific, technological organisational or commercial actiVities] refers to the application in practice of creative new ideas!
by insertion.
Amendment of Section 5 of Act 55 of 1997 2.
"(d) an officer of the Department of Trade and Industry nominated by the Minister responsible for Trade and Industry, appointed by the Minister.
Substitution of section 11 of Act 55 of 1997 3.
11.(1) The Minister must appoint a suitably qualified person as a chief executive officer of NACI.
[(1)] ill Work incidental to the performance of NACI's functions shall be performed by the chief executive officer of NACI and officers appointed in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994).
on recommendation of NACI and with the approval of the Minister of Finance, determine the remuneration, including reimbursement for travelling, subsistence and other expenses of such person or body.
The Department of Science & Technology was established in 2004. Prior to 2004, it was part of the department of Arts, Culture, Science and Technology, under the Ministry of Arts, Culture, Science and Technology. The subsequent establishment of the Department of Science & Technology (DST) has impacted on a number of Acts, under the authority of the Minister of Science & Technology.
2.1 The draft Bill seeks to effect, amongst others, technical corrections to definitions and other references to enhance clarity, and to strengthen institutional oversight and governance of the public entities reporting to the Department.
2.2 The amendments therefore seek to eliminate possible confusion regarding definitions such as the title of the chief executive officer of some public entities as well as the designation of the portfolio of the Minister and to effect other consequential changes that were necessitated by the recent macro reorganization of State.
Natural Scientific Professions Act, 2003 (Act No.
Corrects incorrect references to, amongst others, the Constitution and the designation of the portfolio of the Minister, and provides for a requirement to ensure broad representativity on the board, and extends the requirement for a professional qualification or registration to state employees as well, as a condition for their appointment to the board.
National Research Foundation Act, 1998 (Act No.
Changes the title of the chief executive officer of the Foundation and corrects the references to the designation of the portfolio of the Minister and the Minister of Higher Education and Training, and sets a limit on the terms of office of members of the board, and set out grounds for their disqualification for members of the board.
Africa Institute of South Africa Act, 2001 (Act No.
Corrects the references of the department designation of the portfolio of the Minister and changes some incorrect references to 'Council' instead of 'Institute'.
Academy of Science of South Africa Act, 2001 (Act No.
Corrects references to the designation of the portfolio of the Minister and effects certain other technical corrections.
Scientific Research Council Act, 1988 (Act No.
Changes the title of the chief executive officer of The Council and provides for procedures prior to making appointments of members of the board to ensure consistency with all the public entities reporting to the Department, and provides for a requirement for broad representativity on the board.
National Advisory Council on Innovation Act, 1997 (Act No.
Corrects the references to the department and the portfolio of the Minister, and excludes the requirement for approval of Cabinet for the establishment of the Minister's Committee on Science and Technology, and provides for the appointment of an independent chief executive officer of NACI.
The proposed amendments are technical in nature and have therefore not required consultation.
There will be no costs implications relating to the implementation of the Bill. The proposed amendments are purely of an administrative nature.
The State Law Advisors and the Department of Science and Technology are of the opinion that this Bill should be dealt with in terms of the procedure established by section 75 of the Constitution, since it contains provisions to which the procedure set out in section 76 of the Constitution applies.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a)of the Traditional Leadership and Governance Framework Act, 2003 (Act No.41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.3351En.2012-02-10.en.txt</fn>
The people of South Africa were the "true stars" of the World Cup, after they united to prove that South Africa was capable of hosting a world class event.
<fn>GOV-ZA.33532En.2012-02-10.en.txt</fn>
In the last few days, there has been unanimous opinion by domestic and international observers, amongst them international football fans, visiting Heads of State and other dignitaries, and most especially FIFA, that the 2010 FIFA World Cupâ, the first to the hosted in Africa, was a success.
<fn>GOV-ZA.3353En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.3354En.2012-02-10.en.txt</fn>
According to FIFA, a total of 3.1 million spectators attended the 64 matches of the 2010 tournament, which is the third highest aggregate attendance behind the United States in 1994 and Germany in 2006.
<fn>GOV-ZA.3355En.2012-02-10.en.txt</fn>
If there is no medical practitioner available, e.g. in remote rural areas, then a traditional leader will complete a Death Report (form BI-1680).
The next-of-kin must then take the documentation to the funeral undertaker who will handle the funeral arrangements.
If a South African citizen or permanent residence holder dies outside of South Africa, that person's death must be reported to the nearest South African embassy or mission. A certified copy of the death certificate issued by the foreign country concerned must also be submitted.
Ngivumeleni kutsi ngifisele bonkhe bahlonishwa labamalunga eliphalamende umnyaka lomusha lonentfokoto nalonetitselo, ngalokuhlala lokuphelele kweliphalamende kwelihlandla lesitsatfu lokulandzelwa kwekugcina lapho kuba khona inkhulumomphikiswano yeminyaka yonkhe lemayelana nesimo sembuso wetfu.
Nginelitsemba lekutsi umnyaka wa 2008 utakuba ngulomunye weminyaka lebabatekako entsandvweni yetfu yelinyenti, njengobe sisebenta ngekubambisana ekufezeni sifiso sebantfu bakitsi sekutsi batfole imphilo lencono yawo wonkhe umuntfu. Loku ngikusho ngobe, ekwenteni kwetfu silinganiso, akukevami kutsi sive sidvose yonkhe imisipha sisiphalate kute sifeze emaphupha aso. Lamuhla loku sekungumyaleto lesesigidlabetwa wona ngumlandvo wetfu.
Kute kucinisekiswe kutsi loku kuyenteka; sitsatse tinyatselo letifanele kucinisekisa kutsi lucombelelotimali lwemnyaka lolutawetfulwa yiNdvuna yetetimali ngasekupheleni kwalenyanga lwenta kutsi sikwati kwetfula kwetihloko tetintfo letibalulekile.
Angisho ngekutigcabha kutsi sikhatsi semlandvo siphocelela kutsi sive setfu sihlangane kunakucala sidvose yonkhe imisipha yemtimba munye kute kubukanwe netinchabhayi letivamile kuvuselelwe liphupha lelisisimamise sonkhe ngalesikhatsi sihamba endleleni lenemanyeva ngalesikhatsi sakha iNingizimu Afrika legcanyiswe ngumtsetfosisekelo wetfu.
Emavikini lamabili lengcile, Indvuna yelitiko letimbiwa nemandla kanye nendvuna yelitiko lemabhizinisi emphakatsi betfule simo lesiphutfumako lesibukene naso nekutsi yini umuntfu ngamunye langayenta kute simo sibuyele kulesetayelekile. Ngeliviki lelengcile emalunga lahloniphekile atfole litfuba lekubhunga ngaletindzaba.
Njengahulumende umsebenti wetfu nyalo kuhola nekuhlanganisa live kumkhankaso losebentako lotawubukana nalenchabhayi. Emkhatsini walokunye, kumele sisebentise kuhlupheka lokukhona kungunyalo kute sicinisekise kutsi imiti yetfu kanye nemnotfo kusebentisa emandla agezi ngalokuyimphumelelo.
<fn>GOV-ZA.33562830En.2012-02-10.en.txt</fn>
No. 5 of 2010: Social Assistance Amendment Act, 2010.
Words underlined wilh a solid line indicate insertions in existing enactments.
"(iii) of his or her right to request reconsideration and his or her right of appeal contemplated in section 18 and of the mechanism and procedure to invoke thatl any such right.".
If an applicant or a beneficiary disagrees with a decision made by the Agency in respect of a matter regulated by this Act, that person or a person acting on his or her behalf may, within 90 days of his or her gaining knowledge of that decision, lodge a written [appeal with tbe Minister 20 against that decision, setting out the reasons why the Minister should vary or set aside that decision.] application to the Agency requesting the Agency to reconsider its decision in the prescribed manner.
(1 A) I' an applicant or a beneficiary disagrees with a reconsidered decision made by the Agency in respect of a matter contemplated in subsection (I), that person or a person acting on his or her behalf may, within 90 days of his or her gaining knowledge of that decision, lodge a written appeal with the Minister against that decision, setting out the 5 reasons why the Minister should vary or set aside that decision.
If the Minister has appointed an independent tribunal in terms of subsection (2)(b) al1 appeals contemplated in subsection [(I)] D!
<fn>GOV-ZA.3356En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.3357En.2012-02-10.en.txt</fn>
Government says a key benefit of the 2010 FIFA World Cup was improvements made to the country's public transport system which will benefit South Africans for years to come.
<fn>GOV-ZA.3358En.2012-02-10.en.txt</fn>
Senior police officials say the crime situation in the country will not be given a chance to go back to where it was before the 2010 World Cup.
<fn>GOV-ZA.3359691En.2012-02-10.en.txt</fn>
The House met at 14:02.
That the House debates the human rights violations in Africa, in particular the recent violation against a Malawian gay couple, and comes up with solutions in curbing these kinds of violations.
That the House debates the regulation of prices in the private health sector, as well as the effects this will have on quality of service, and come up with other alternatives.
That the House debates the R580 million payment backlog of the Department of Rural Development and Land Reform for land purchased, and come up with possible solutions to this problem.
That the House debates the recently signed bilateral trade agreement between South Africa and Zimbabwe that does not offer adequate protection to South African investors in Zimbabwe, and come up with possible solutions. I thank you.
That the House debates the centenary of the Union of South Africa.
die skade wat die staat ly in terme van belastingverliese; en die algehele verlies aan goedere en dienste as gevolg van die Transnet-staking.
(Translation of Afrikaans notice of motion follows.
the losses suffered by the state in respect of loss of tax revenue; and the overall loss of goods and services due to the Transnet strike.
further recognises Nkosi Matanzima's contribution to the transformation of institutions of traditional leadership, which sought to offer women and nontraditional leaders an opportunity to take part in the development of their communities, and also honours him for his unwavering commitment to the Tembus; and conveys its heartfelt condolences to the Bakhozi of Western Tembuland and the people of the Tembus on the untimely death of His Majesty Nkosi Zwelenkosi Lwandile Matanzima and assures them that thoughts and prayers of its members are with them during this difficult time.
applauds the South African Police Service for their diligent and thorough investigations which led to the apprehension of the suspects; and encourages South Africans to assist the South African Police by reporting all types of crime.
further recognises that such a project had been a great success in Swaziland under the organisation "Children's Cup" and that in order to build and operate such centres, considerable sponsorship is required and is currently being sought; and commends the Benjamin Dube Foundation for identifying the need and "stepping up to the plate" in providing this valuable service which will assist thousands of growing children and benefit communities for many years to come, and we pray that Almighty God will grant them favour, provision and protection.
believes that this campaign should grow in stature and should excite millions of people around the world to make every day a Mandela Day; and encourages all South Africans to build on the success of last year's Mandela Day activities and to make this coming one an even greater success.
further notes that the Delft Community Health Centre serves a population of more than 520 000 people, the monthly attendance at the clinic averages 30 000, with a growth of 500 new patients per month, and about 2 000 patients receive antiretroviral treatment there monthly, 900 of whom also have TB; and expresses its sincere gratitude to the company that made this donation and encourages more private companies to follow its example.
believes that Child Protection Week will act as a reminder to parents and caregivers of their responsibility to protect children and notes that special attention has been drawn to the possible dangers, such as child trafficking, during the World Cup, as child trafficking has unfortunately become part of huge international sporting events; and urges communities to use the launch as an important reminder to protect the country's children and to ensure their safety during the World Cup and beyond and further urges members of the House to do their part to assist the Police in keeping the children safe: Together we can do more!
congratulates both rugby teams on their respective victories on Saturday and the South African fans for making the Bulls' victory a truly auspicious occasion at the Orlando Stadium; and wishes both teams everything of the best for the final on Saturday and enjoins all South Africans to support their respective sides in order to make the final a proudly South African event.
The SPEAKER: That underscores the importance of the right venue. If there are no objections I put the motion.
further believes that everyone should expand his or her knowledge and understanding of the epidemic in order to protect themselves and the communities they live in and that HIV testing campaigns serve to educate the people and promote the rights to human dignity and privacy of those living with HIV; and encourages everyone to test and know their status without fear of victimisation or being pressured to disclose their status publicly.
recognises the exceptional nature of the respective performances by these two dedicated athletes who finished the race within three seconds of each other; and congratulates these outstanding ambassadors for South African sport for their achievements and for making South Africa and its people proud.
conveys its heartfelt condolences to the Slabbert family, his relatives and friends.
The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, hon Members of Parliament, it is with great sadness that the ANC learnt of the death of the former Member of Parliament, respected academic, intellectual and prolific political commentator, Prof Frederik Van Zyl Slabbert.
He will be remembered for the role he played in the historic meeting between Afrikaner South Africans and the ANC representatives in exile, which spurred the advancement towards a democratic South Africa. The meeting further helped to open channels of communication between the ANC and the white community which had for a long time been bombarded with the apartheid regime's anti-ANC propaganda.
An organisation that is opposed to the apartheid system, we regard as on our side.
That means Frederik Van Zyl Slabbert was, from that point, on our side.
For a long time, Prof Van Zyl Slabbert served as one of the few outstanding voices of reason amidst an ocean of ruthlessness, repression and subjugation.
He was amongst the few white South Africans who resisted apartheid when it was not fashionable or personally rewarding to do so. Like Helen Suzman, he sought to use his role within the parliamentary opposition, the Progressive Federal Party, as a platform to reject and fight apartheid.
He later resigned from Parliament in protest against the apartheid regime's inability to address the country's problems. He did so not only to send an unequivocal message to the regime about the wrongness of its oppressive policies, but also to avail himself of an opportunity to join extraparliamentary forces of change to accelerate the process towards the demise of the apartheid demon.
He argued at the time that staying on in that institution would merely serve to lend it legitimacy. Recognising the historic importance of this decisive break with the apartheid system by an Afrikaner, the leadership of the ANC made bold to salute him as a new voortrekker.
Van Zyl Slabbert will be missed for his intellectual and constructive analysis of the political challenges of the day, which enriched our political discourse and contributed to strengthening our constitutional democracy. This is the quality present-day academics, opposition politicians and commentators should emulate.
It is a pleasure for me to say that I had the honour to work with Van Zyl Slabbert when we negotiated the new dispensation of local government. We co-chaired the negotiating forum. I can confidently say that he brilliantly contributed to the new metro system of government that we have today. We know that this system owes a great deal to the work that he has done.
He not only facilitated the discussion but contributed to the formulation of the new system of government, especially at local government level.
As the ANC, we want to say that he must rest in peace. He has played his part in this democracy. We hope that all of us will emulate his good work. I thank you.
Mr D A KGANARE: Speaker, I stand here on behalf of Cope to honour and remember a brave son of the soil [Interjections.
The SPEAKER: Order, hon members! Please, let the speaker be heard. This is an important motion. Continue, hon member.
Mr D A KGANARE: a patriot and towering giant. I've been made to understand that he tackled hard on the rugby field, but harder in the political arena. The demise of Dr Frederik Van Zyl Slabbert leaves us all with a deep sense of loss.
On behalf of Cope, I extend my sincerest condolences to his bereaved family. They must take comfort in the knowledge that we all grieve with them, and that in his death we have a rare opportunity to celebrate his life and achievements. He has departed this life, leaving behind a legacy that will live on.
Growing up in Pietersburg, Van Zyl Slabbert manifested leadership qualities from the beginning. He moved from classical studies at Wits to attaining his MA degree in Sociology and then his doctorate at Stellenbosch University.
Throughout his commendable life, Van Zyl Slabbert was a man of discernment and rare talent. In 1972, he became Head of the Sociology Department at Wits University. Even though his interest in politics started when he was young, Van Zyl Slabbert officially became seriously active in politics when he joined the Progressive Federal Party, PFP. In 1974, Slabbert accepted the nomination to stand for Rondebosch in the general elections. He triumphed over the National Party, NP, representative by 1 600 votes. He continued to hold a seat for the PFP in the 1977-81 elections.
Van Zyl Slabbert stood up against the oppressive regime and chose to relate to the suffering of the people. He did not see colour, because he was looking for justice. He was not driven by fear, but aspired to seek hope. He chose the hard and lonely path of a man of vision.
In 1979, he became the leader of the PFP and of the parliamentary opposition - a position he held until 1986. Slabbert soon felt that his fight within Parliament was leading nowhere, considering the iron hand with which the NP ruled. He, therefore, resigned from his position as a parliamentarian in 1986 to try his hand at negotiations. A year later, he started negotiations with ANC members in exile.
This resulted in the Dakar conference between the liberation movement and a group of mainly Afrikaner politicians, academics and businessmen. The conference was organised by the Institute for Democracy in South Africa, Idasa, which he co-formed with Alex Boraine in July 1986.
He served Idasa as Director of Policy and Planning. In his book, The Other Side of History, he articulates the event with clarity with the sole objective to counter an attempt to rewrite history not as a record of what transpired but for political expediency. He later began a career in commerce by lecturing at the Wits Business School and engaged in political consultancy.
He had many achievements. In 1964, he received an Abe Bailey Travel Bursary to the United Kingdom. In 1976, he was given an American cultural exchange award. He went to international conferences and delivered papers in the USA and Western Europe.
He was truly an enlightened representative of South Africa during the dark years of apartheid rule. He not only went against his fellow Afrikaners in pursuit of peace and justice in South Africa, but fought for this cause abroad. In 1977, he was a research fellow at the Bergtraesser Institute for Social Research in Freiburg, West Germany.
Slabbert jointly wrote a book with Prof D Welsh called South Africa's Options: Strategies for Sharing Power, which was published in 1979. He published papers and articles which appeared in several publications. He received honorary doctorates from Simon Fraser University in Canada and the Universities of KwaZulu-Natal and the Free State. He was a visiting scholar at the Massachusetts Institute of Technology in November 1982. He was also a businessman and a co-founder of Khula, a black investment trust, in 1990.
His contributions did not stop there. In 2002, President Thabo Mbeki appointed him to [Time expired.
Mr M G BUTHELEZI: Speaker Xhamela, hon Ministers present, and hon members of the Assembly, on 14 May, South Africa lost one of the best minds ever to have graced our national discourse. The passing of Dr Frederik Van Zyl Slabbert was met with a flood of tributes from politicians, academics and journalists, all singing the praises of a man who deserved every good word that was spoken about his life.
Today, we, in this House, honour the memory of a former colleague in the hope that what we say may capture the magnitude of our loss. I had the privilege of enjoying a long and sincere friendship with Dr Van Zyl Slabbert.
We first met in the 70s when he was a young lecturer at Stellenbosh University. At the time there was a group of businessmen and intellectuals who met to discuss current affairs since they were concerned about the situation in the country. Dr Van Zyl Slabbert was part of the study group called "Synthesis", to which I was also invited to participate.
My first impression was of a man of remarkable intellect, yet authentic humility. This humility spoke of a depth of character that I grew to respect and admire. More than anything, I was drawn to Dr Van Zyl Slabbert because of his integrity.
I was chatting with my son Ntuthukoyezwe - Zuzie to his friends - during the weekend. He said something about integrity which stuck in my mind. He said that if one has integrity, anything else doesn't matter; and if one hasn't got integrity, again, anything else doesn't matter.
When Dr Van Zyl Slabbert was elected leader of the PFP, I invited him to address Inkatha's conferences in Ulundi. Together, with members of our two organisations, we participated in many protest meetings in Durban and Johannesburg. We shared a vision for the liberation of South Africa, for which I nearly became ridiculed and vilified. Dr Van Zyl Slabbert and I both believed that the liberation of our country should be pursued through negotiations and not through the barrel of a gun.
In 1985, we formed the National Convention Movement which emphasised the need for government to negotiate with all political parties. The depth of our friendship became a cause for concern for the NP government at the time, which attempted to drive a wedge between the two of us.
But to the government's dismay, this did not affect our good relations or our genuine friendship.
I respected Dr Van Zyl Slabbert's incisive criticism as well as his directness. He was a man who could always be trusted to speak his mind with sincerity and not tickle the ears with falsehood. This trait cost him the friendship of other leaders, but earned him my respect. He was a great asset to our country, which today is poorer for his passing.
It was a disgusting and eminently forgettable experience.
As Minister of Home Affairs, I appointed Dr Van Zyl Slabbert to chair the commission which was established to redraft the Electoral Act. The Van Zyl Slabbert Commission brought together some of the best domestic and international minds - genuine democrats drawn from across the broader spectrum - because I understood that the Electoral Act is the contract between the politicians and the people, and thus cannot be written by the politicians alone.
The Van Zyl Slabbert Commission recognised that the present electoral system lacks accountability and proposed a system akin to the local government model, which combines constituencies and proportional representation. It was a well-considered recommendation based on comprehensive research, and Cabinet rejected it.
However, Cabinet committed itself to implementing the recommendations at a later stage. I regret that Dr Van Zyl Slabbert never lived to see that day, but I hope that his good intentions will not be forgotten.
On behalf of the IFP, I offer my sincere condolences to the family of Dr Van Zyl Slabbert and to the many who mourn his passing. He has left a tremendous legacy, and for that we thank him. We hope that he will forever rest in peace. To you, Van, I say "requiescat in pace" [rest in peace]. Thank you. [Applause.
Ms P DE LILLE: Speaker, Dr Frederik Van Zyl Slabbert was a true patriot and a son of the soil, who had a passionate love for his country and closely followed the trials of the new democratic order that he helped to foster.
He will always be remembered as the progressive voice for change during the dying days of apartheid - someone who possessed the foresight and courage to seize the moment in bringing together members of the old regime and exile liberation movements at the historic Dakar meeting.
This meeting is widely recognised as being instrumental in fostering the conditions for our negotiated transition to occur. All South Africans owe him a depth of gratitude for the principled stance he took in all the various positions he occupied throughout his life.
On a more personal level, Van was my old friend who was always willing to share his political advice and experiences with me. He loved to debate with me about his pet topic Afrikaner versus Afrikaan. Eventually he wrote a good book about it.
He was a walking encyclopaedia. I often relied on him for quality advice. More than all of this, he was very firm on principle and really stood by what he believed in. His voice and presence will certainly be missed by all of us in the new, democratic South Africa.
The ID would also like to offer its sincerest condolences to Van Zyl Slabbert's family and friends during this difficult period. Our thoughts and prayers are with you. Thank you. [Applause.
Mnr N M KGANYAGO: Speaker, agb lede, ons vergader vandag hier om hulde te bring aan 'n groot Suid-Afrikaner. Frederik Van Zyl Slabbert was 'n man van woorde en 'n man van aksie met 'n rare mengsel van beginsel en visie. Hy was ook 'n man van vrede. In hierdie opsigte was hy 'n pionier wat vir ander blankes en Afrikaners gewys het dat daar wel hoop is om 'n morele en vreedsame einde aan apartheid te bring.
Waar ander slegs veroordeling gesien het, het Frederik Van Zyl Slabbert 'n visie vir 'n beter toekoms gehad. In 1980 sou andere dit sekerlik as 'n fantasie beskou het dat ek vandag hier, in hierdie Huis, sou staan en hulde bring aan hom in sy eie taal. Ek het egter geen twyfel dat hy net sou geglimlag en gevra het: Hoekom nie?
Die effek van sy bydrae tot ons nuwe grondwetlike bestel het ook verby 1994 gestrek. In sy hoedanigheid as die voorsitter van die kommissie wat die kiesstelsel vir hervorming ondersoek het, het hy weereens 'n waardevolle bydrae gemaak.
Net soos vantevore, is sy visie en wysheid ongelukkig nie met ope arms deur die regering van die dag ontvang nie. Daar kan geen groter huldeblyk aan hom wees as vir hierdie regering om nou daardie kommissie se werk te erken en te implementeer nie.
Laat my toe om aan Frederik Van Zyl Slabbert se familie en vriende ons opregte medelye mee te deel. Mag u in hierdie tyd troos vind in die opregte dankbaarheid van die hele nasie. U is in ons gedagtes en gebede. Mag hy in vrede rus. Ek dank u. [Applous]. (Translation of Afrikaans speech follows.
Mr N M KGANYAGO: Speaker, hon members, we gather here today to pay tribute to a great South African. Frederik Van Zyl Slabbert was a man of words and a man of action, with an unusual blend of principle and vision. Likewise he was a man of peace. In these respects he was a pioneer who showed other whites and Afrikaners that hope did indeed exist to bring an end to apartheid in a moral and peaceful manner.
Where others only saw condemnation, Frederik Van Zyl Slabbert had a vision for a better future. In 1980, others would surely have regarded it as a fantasy that I would be standing here today, in this House, paying tribute to him in his mother tongue. However, I have no doubt that he would have just smiled and asked: Why not?
The result of his contribution towards our new constitutional dispensation also went beyond 1994. In his capacity as chairperson of the commission that examined reforming the electoral system he once more made a valuable contribution.
Just as before, his vision and wisdom were unfortunately not welcomed by the government of the day. There would be no greater homage paid to him than for this government to acknowledge and implement that commission's work right now.
Allow me to convey our sincere condolences to Fredrik Van Zyl Slabbert's family and friends. May you find comfort during this time in the sincere gratitude of the entire nation. You are in our thoughts and prayers. May he rest in peace. I thank you. [Applause.
Dr C P MULDER: Speaker, ek wil begin deur aan my agb kollega, mnr Kganyago, baie geluk en dankie te sê vir die treffende wyse waarop hy so pas hulde gebring het aan Dr Frederik Van Zyl Slabbert. Die wyse waarop hy dit gedoen het, stel vir ons almal 'n voorbeeld van hoe ons mekaar se tale en kultuur behoort te respekteer en te herken. Baie dankie daarvoor.
Die VF Plus spreek graag sy simpatie uit teenoor die familie en naasbestaandes van Dr Fredrik Van Zyl Slabbert, met sy onlangse afsterwe. Dr Slabbert het oor 'n lang tyd 'n belangrike rol in die Suid-Afrikaanse politiek gespeel. Ek het by verskillende openbare en private geleenthede met hom te doen gekry en was deurlopend beïndruk met die eerlikheid waarin hy alle sake benader het.
Of jy met hom saamgestem of verskil het, het hy almal op dieselfde hoflike manier hanteer en integriteit en styl aan die politiek gebring, wat vandag dikwels kortkom. Die agb Buthelezi het reeds verwys na die belangrikheid van integriteit in die politiek en ek deel dit met hom.
Vir my is die grootste tragedie van die lewe van Dr Van Zyl Slabbert dat hy nie die geleentheid gehad het om 'n groter rol te kon speel en miskien meer aktief betrokke te kon wees in dít waarin hy sy ideaal gestel en waarvoor hy hom beywer het nie, naamlik 'n demokratiese alternatief wat na 1994 tot stand gekom het.
Sy politieke insigte en kommentaar sal sekerlik in Suid-Afrika gemis word. Hy het 'n groot bydrae gemaak en ons dra graag ons simpatie aan sy geliefdes oor. Baie dankie. (Translation of Afrikaans speech follows.
Dr C P MULDER: Speaker, I would like to begin by congratulating and thanking my hon colleague, Mr Kganyago, for the striking manner in which he has just paid tribute to Dr Frederik Van Zyl Slabbert. The way in which he has done this sets an example to all of us of how we have to respect and acknowledge each other's languages and cultures. Thank you very much for that.
The FF Plus would like to convey its condolences to the family and next of kin of Dr Frederik Van Zyl Slabbert on his death, recently. Dr Slabbert played a pivotal role in South African politics over a long period of time. We've met at numerous public and private events and I was always impressed with the honest way in which he approached matters.
Whether you agreed or disagreed with him, he always handled everyone in a courteous way that infused politics with the integrity and style that is so often lacking nowadays. The hon Buthelezi has already referred to the importance of integrity in politics and I share that sentiment with him.
To me the biggest tragedy of the life of Dr Van Zyl Slabbert is the fact that he did not get an opportunity to play a bigger role and perhaps be more actively involved in that in which his ideals were vested and that which he was striving towards, namely a democratic alternative which was established in 1994.
His political insights and commentary will surely be missed in South Africa. He made a huge contribution and we would like to convey our condolences to his loved ones. Thank you very much.
Rev K R J MESHOE: Speaker, the ACDP is saddened by the death of Dr Frederik Van Zyl Slabbert, one of the architects of South Africa's transition from apartheid and a noted writer on its politics and sociology.
Dr Slabbert was a former leader of the then official opposition, the PFP, in the House of Assembly, a political analyst, successful businessman and one of our country's most respected visionary political leaders. We will remember him for his courage to stand up against apartheid, contrary to his upbringing and culture as an Afrikaner and at the cost of being labelled a traitor by his fellow Afrikaners.
In 1986, he surprised many when he and fellow MP, Alex Boraine, resigned as Members of Parliament, in protest against the politics of exclusion and repression that was promoted and perpetrated by the apartheid National Party government.
Slabbert went against the grain, broke ranks, but established new alliances and friendships that transcended the old divisions. He was a remarkable South African who had a sharp and sensitive intelligence and a tremendous sense of humour.
One of the many initiatives Dr Slabbert will be remembered for was the conference Idasa held in Dakar, Senegal, in July 1987, which brought together about 60 influential white South Africans and members of the exiled ANC to initiate a dialogue that led to negotiations. This resulted in a political settlement, and the multiparty democracy we enjoy today.
To his wife and children, loved ones and colleagues, the ACDP offers their sincere condolences. South Africa has lost a great man of principle who left a great legacy. I thank you.
Mrs I C DITSHETELO: Speaker, the UCDP would like to offer its heartfelt condolences to the family and friends of Frederik Van Zyl Slabbert. To have been an opposition party leader during the apartheid years, speaks a lot of the legacy he is leaving behind. We shall remember him for the role he played in prenegotiations between the ANC and the National Party.
May his soul rest in peace. I thank you.
Dr W G JAMES: Speaker, Acting President Jeff Radebe, it is my great honour to close this debate today by saying that there rose in South African public life a few champions of liberty and justice with a consistency of conviction, integrity and purpose. Our first democratically elected President, Nelson Mandela, is one of them. Dr Frederik Van Zyl Slabbert, whose life we honour today, is another.
I was 50 years old when I met Madiba face to face for the first time. I was completely disarmed by him and felt immediately that I would like to do anything to help him achieve his vision for South Africa.
Van Zyl kept his promise to the end. He was an Afrikaner who walked a different road. He treasured the assets of his background, but found Afrikaner nationalism to be suffocating. He recoiled also from African nationalism. He found the narrow rights-based approach to be inherently conservative. Van Zyl was my kind of man: a thinking liberal with strong social democratic leanings.
For those who knew Van Zyl, he had a warm directness in approach, a charming civility, an irrepressible republicanism and an impatience with status and ceremonial pretension. He was an instinctual democrat, someone who wore justice on his sleeve and clutched it to his heart.
He became one of the most celebrated debaters in Parliament, which he joined in 1974 as a Progressive Party member. He left under great controversy as Leader of the Opposition and later formed the Institute for a Democratic Alternative in South Africa, Idasa, in 1986. He said then that P W Botha's Tricameral Parliament was a dangerous exercise in futility, for it aggravated the divisions in our land.
In the history of Parliament, Van Zyl joined the ranks of a few excellent MPs who learned the art of debate, including in our history the brilliant liberal, Jan Hendrik Hofmeyr, and the equally brilliant communist, Sam Kahn. Van Zyl's infinite appreciation for the beauty of words, his carefully timed witticisms, his unrelenting search for the truth, and the politically productive sarcasm that he used, invoked to great effect, became his art.
At Idasa, he was a visionary who saw the necessity of creating a climate for dialogue and negotiations - he did not start negotiations - starting with the meeting in Dakar in 1987 and followed by numerous other gatherings, bringing together individuals from across the divide. Writers he brought together; soldiers he brought together; women he brought together; and constitutionalists he brought together, as well as analysts. After he left, Idasa continued having meetings in order to build consensus for our constitutional process.
It was Van Zyl Slabbert who steered the financier George Soros to invest his considerable wealth in the creation of a more open society here and later expanded the enterprise to all of the countries of the Southern African Development Community, SADC. He inspired the creation of the Vrye Weekblad in the world of journalism and the Institute for Security Studies in the world of policy studies. He founded the Goreè Institute in Senegal, building a continental network that animated the quest for peace and justice in Africa.
Van Zyl gave a great deal to public service: as chairman, as the ANC's Chief Whip noted, of the Johannesburg Metropolitan Council, crafting a future for that city; as one of the leaders for the local government elections of 1995 and 1996; and, as the hon Buthelezi pointed out, with his electoral task team on which I had the privilege to serve.
That task team recommended that half of the MPs in this House ought to be chosen by constituencies directly and the other half by proportional representation. Greater accountability and the proportionality required by our Constitution were the mantra. Van Zyl's team completed the design, as well as the demarcation, and the lawyers wrote the draft Bill in preparation for this.
I urge this House and the Minister of Home Affairs, the hon Nkosazana Dlamini-Zuma, to appoint a task team to examine these proposals again. There is a great deal of interest among many members on both sides of this House in reforming our electoral process so as to empower voters.
They torture one another.
They get hurt and get hard.
Inflicted and endured.
And hope and history rhyme.
O koud is die windjie en skraal.
En blink in die dof-lig en kaal, so wyd as die Heer se genade, lê die velde in sterlig en skade.
En hoog in die rande, versprei in die brande, is die grassaad aan roere soos winkende hande.
O treurig die wysie op die ooswind se maat, soos die lied van 'n meisie in haar liefde verlaat.
In elk grashalm se vou blink 'n druppel van dou, en vinnig verbleik dit tot ryp in die kou.
The DA wishes to express our deepest sympathy to his wife, Jane, his son, Riko, his daughter, Tania, and the many grandchildren who are part of the Slabbert family. I thank you. [Applause.
The SPEAKER: The condolences of the House will be conveyed to the Slabbert family.
ratifies the work done by this group of members since 5 April 2010.
There was no debate.
Mr E M SOGONI: Speaker, hon members, ladies and gentlemen, let me thank you for the opportunity afforded me to address this august House on this important Bill, the Appropriation Bill, B3 of 2010.
Recognising that this is the climax of a long, democratic process in which a lot of debate has taken place and Budget Votes have been subjected to thorough scrutiny, it is important to reflect on why this is being done. In doing so, there is a need to have an appreciation of the constitutional and legal requirements, as well as the economic and political context that informs it.
From a constitutional perspective, this fulfils the requirements of section 213(2) of the Constitution of the Republic of South Africa and section 26 of the Public Finance Management Act. These sections provide that money may be withdrawn from the National Revenue Fund only in terms of an appropriation by an Act of Parliament, and that Parliament must appropriate money for each financial year for the requirements of the state.
Through this process, the provisions of section 10 of the Money Bills Amendment Procedure and Related Matters Act have been fulfilled, as no committee has proposed any amendments thus far. Notwithstanding this, Parliament needs to act with speed to ensure full implementation of the Act, including establishing a parliamentary budget office.
The economic context is both positive and negative. On the positive side, according to a National Treasury assessment earlier this year, there was an expected economic growth, though moderate, but rising gradually; better inflation outcomes within the target range; an increase in global demand for goods and trade volumes; sectoral growth outcomes and employment stabilising; expectation of a moderating current account deficit this year as compared to 2008; a lower than originally forecasted budget deficit due to a target overshoot in the revenue collection; and sustained infrastructure investment over the Medium-Term Expenditure Framework, MTEF.
Should this positive focus materialise and continue as envisaged, it provides a degree of comfort in the adoption of the Appropriation Bill before us.
On the negative side, the country is still faced with massive challenges of high unemployment estimated at around 24%. As a result of poverty and inequality our Gini coefficient is said to be the highest in the world.
Some of the risks to the economy, as identified by National Treasury, are wage pressures; high oil prices; challenges associated with the implementation of mass infrastructure investment; expected moderate investment due to unused capacity; sluggish net job creation; a sizeable budget deficit remaining as a result of a slow global economic recovery; and rising debt service costs which would eat into our fiscal resources.
When debating this Bill, it is incumbent upon us, as we exercise our oversight role, to monitor the potential impact of these risks on the Budget. Of particular importance will be the need to keep a close watch on issues relating to wasteful expenditure and inefficient management of finances by departments.
From a political point of view, this is about enabling the state to meet the needs of the people as expressed in the Constitution and through the 2009 elections, which the ANC won by an overwhelming majority. The political context in which this appropriation debate is taking place is that of implementing an ANC agenda, as was mandated by the majority of South Africans.
What informs the budget-making process and the appropriation debate though, takes into account the views of all Members of Parliament and public representatives with regard to fulfilling their constitutional role of oversight and holding the executive to account.
In the past few weeks, following the state of the nation address and the Budget Speech by the Minister of Finance, all Ministers have presented their departmental strategic plans and Budget Votes. These have been debated and subjected to scrutiny in order to assess whether the money being asked for by Parliament will indeed meet the requirements of the state in the 2010-11 financial year.
Complementary to this was a thorough process by Parliament calling departments to come and account for how they used the funds appropriated for the past financial year. This is important, not only for accountability, but also to assess the extent to which the state has the capacity to effectively, efficiently and economically spend the money for the purpose it was appropriated.
That assessment gives Parliament a sense of how the funds being sought for appropriation this financial year are likely to be used, and that it will be accounted for in terms of section 32 of the Public Finance Management Act. We always need to be mindful of the fact that these are public funds, and as public representatives we are acting in the best interest of the public.
In playing our oversight role - that of ensuring that the executive is accountable - we must, in the same vein, commend the signing of performance agreements between the President and Cabinet Ministers. This is indeed innovative and historical in the South African context, as it has not been done before. The signing of performance agreements will help strengthen the whole value chain of monitoring, evaluation and accountability in the implementation of our laws, especially in relation to spending public funds.
It has to be understood that the ANC, as an elected governing party, gives a mandate to government to implement its electoral mandate. This mandate is well reflected in the following government priorities: improving the quality of education; enhancing the health system; making communities safer; fostering rural development; creating jobs; and investing in local government and human settlements.
The Appropriation Bill is about how we implement these things within the framework of government programmes, and whether it can be done within the constraints of available financial resources. It is about whether the executive arm of government will use the funds appropriated for their purpose, cost-effectively and accountably.
In assessing these things, this paper will focus on three critical priority areas as articulated in our manifesto, namely job creation, infrastructure and human settlements. They are all embedded in the manifesto's plans of more jobs, decent work and sustainable livelihoods, and building cohesive and sustainable communities.
Today, the country is faced with the challenge of high unemployment. In 2009, unemployment was estimated at over 24,3% of the working-age population in the country. According to National Treasury estimates, only 44% of the working-age population had a job compared with an international rate of about 60%.
The key factor behind this is the structure of the economy that the country has inherited, commonly identified as two economies in one country - the first economy and second economy. These do not only define class divisions, but also racial and gender divisions in our society.
The first economy is characterised by a high degree of economic formalisation based on modern technology; capital intensive sectors which require highly skilled labour; unionisation and a formal labour relations system that allows for bargaining between employers and labour.
The majority of the people are trapped within the second economy, which is survivalist in nature, and is characterised by an informal and unskilled work force and poverty wages.
The first economy is also undergoing changes that are contributing to the rising unemployment rates. The combination of factors that have contributed to the worsening of high levels of unemployment are retrenchments as a result of the recession; the introduction of highly developed and sophisticated technology which requires fewer but highly skilled workers; and the move away from a traditional labour-intensive economy towards a service-oriented economy. Companies have embraced these forms of production to maximise their profits.
The danger is that the majority of those who are unemployed are the youth and people with low skills not required by the economy. High unemployment rates and relatively low wage employment are contributory factors to inequality, low levels of human development, social polarisation, poverty and high levels of crime.
In the short and medium term, unemployment and low wages lead to an increase in the demand for social security by the majority of the people and a low tax base which, in turn, adversely affect economic growth in the long term.
It is for these reasons that the ANC government has prioritised job creation and decent work as one of the most important programmes for this financial year and in the medium-term budget plans.
To build a more inclusive society, South Africa needs a marked expansion in employment. This is not only an economic objective; putting more people to work will contribute to human development, income redistribution and social cohesion. Broadening economic participation assists in curbing dependence, countering crime and reducing poverty, illness, alienation, mental stress and social exclusion.
Funds that are being requested in the Appropriation Bill have to be used to address these critical challenges that the country is faced with today.
Initiatives contained in this Bill to address this challenge must be supported. These initiatives include, amongst other things, programmes such as the Expanded Public Works Programme, EPWP; skills development; improvements in public employment services; and the implementation of various strategies that are likely to promote job creation and are embedded in most departmental budgets such as those of the Department of Labour, Trade and Industry, etc.
Since the majority of poor people reside in the rural areas, the implementation of a comprehensive rural development strategy would have to be given the highest priority in our funding plans. Some of the identified interventions prioritised for funding in promoting job creation include programmes that will advance industries and services with the potential for job creation; increasing the pace and upping the content of the Expanded Public Works Programme; increasing investment in further education and training; implementing new measures to promote youth employment; and putting in place programmes and strategies that will encourage the development of co-operatives, small and medium enterprises and the spirit of entrepreneurship in general.
The implementation of some of these priority programmes identified in the Industrial Policy Action Plan 2, Ipap 2, embedded in the Department of Trade and Industry's funding plans, will assist in speeding up job-creation measures. When looked at holistically, the budget being sought through the Appropriation Bill is necessary for this work.
As part of its strategies to reduce the high rate of unemployment and create more jobs and decent work, the ANC government has identified infrastructure development as one of the key priority programmes for funding. In the Minister of Finance's Budget Speech in February, an announcement was made that, over the next three years, the public sector aims to spend R846 billion on infrastructure programmes.
It is expected that a large part of this spending would be in this year's budget requirement needs. Some of the additional funding on infrastructure as identified in the Budget Review are the R2,5 billion to increase labour intensity in public works and the R1,8 billion for the clothing and textile industries.
The implementation of these programmes will have a huge impact on the taking off of the country's new economic growth path and increase the potential to reduce the current rates of unemployment and poverty.
The ANC government is committed to building cohesive and sustainable communities to advance the Freedom Charter's call that there shall be houses and security for all.
This is also enshrined in the Constitution of the Republic as a human right in the Bill of Rights. The ANC manifesto stipulated that, through programmes for housing, social security, as well as sports and recreation, the aim is to build a better life for all.
The ANC government has put a priority on increasing access to security and decent housing for all. It is also committed to strengthening local government as a crucial sphere of government where the majority of the population has frequent and direct contact with government. It is recognised that local government is critical for service delivery in the country.
In their Budget Vote, the Department of Human Settlements prioritised the acceleration of the delivery of houses, access to basic services and more efficient land utilisation as their core programmes needing funding.
The Department of Co-operative Governance and Traditional Affairs has prioritised building an accountable and efficient local government. Their focus on funding plans is to meet community needs; provision of clean, responsive and accountable administration; improving performance and professionalism; and support for municipalities, given the importance of local government in service delivery and the fact that a lot of problems relating to the capacity of municipalities to deliver services have been identified in the past.
In conclusion, this Bill had to be assessed against the priorities of the ANC government and its funding priorities. The budget requirements, as stated in various government departmental Votes proposed for appropriation in this Bill, are important and urgent. The release of these funds will advance the implementation of the plans for change.
As the ANC, we need to ensure that this Budget is used effectively and efficiently to achieve the mandate to pursue transformation, which has been given to us by the people. In adopting this Bill, we are going to intensify our oversight role in Parliament. We must vigorously ensure consistent monitoring and evaluation of the implementation of the programmes funded through the appropriation.
As legislators, we must ensure that all the laws that we have put in place, such as the Money Bills Amendment Procedure and Related Matters Act and others, are indeed enablers of a developmental state to achieve the goals of speedy service delivery and development.
For these reasons, the ANC supports the passing of the Appropriation Bill. Thank you. [Applause.
Mr M SWART: Mr Speaker, a budget deficit of about 7,3% was expected at the end of the 2009-10 financial year. Sars, however, managed to do their trick once more, and a lower budget deficit of 6,8% was in fact achieved. They deserve our congratulations.
In addition, we managed a higher growth rate than expected, inflation was reduced, and a sensible monitoring policy was followed by the Reserve Bank. Although these factors give rise to optimism, outside international factors such as the declining value of the euro, due mainly to financial problems in Greece, could quite easily lead to a second round of recession worldwide.
We should therefore make sure that we are ready for such an eventuality by being absolutely prudent in our spending patterns. This applies even more so in the case of government departments and institutions.
When looking at the spending patterns of departments for the entire 2009-10 financial year, it is disconcerting to note that many departments fail to spend the budget amounts allocated to them, and that they continue to spend as much as possible in the fourth quarter of the financial year so as not to have a reduced allocation made to them in the next financial year.
Equally disconcerting is the continued misappropriation of funds by way of corruption as well as the recurring trend of incurring wasteful and unnecessary expenditure. No wonder the DA's wasteful expenditure monitor exceeds the R1 billion mark already.
Of concern also is the number of jobs lost in the economy and the inability of the Department of Public Works to spend all available Expanded Public Works Programme, EPWP, funds for job creation in respect of their EPWP incentive schemes. Some R30 million of this incentive programme remained unspent at year-end.
Only 68 municipalities out of a total of 283 received monies from this fund. It is clear therefore that the oversight role of Parliament, particularly by its portfolio and standing committees, will become of utmost importance in the 2010-11 financial year to ensure that money is spent prudently and wisely.
One of the instruments Parliament and its committees will be able to use to good effect to ensure proper oversight is the Money Bills Amendment Procedure and Related Matters Act, the content of which we have recently explained to hon members in a number of training sessions.
This Act, signed into law by the hon President during April last year, provides the right to Parliament - for the first time - to amend the budgets of departments through the various portfolio committees as well as through the Standing Committees on Finance and Appropriations, provided, however, that such amendments fall within the approved fiscal framework.
The Act provides an opportunity for Parliament to control the unnecessary roll over of funds, and expenditure outside the declared priorities of government; to curb unnecessary and wasteful expenditure and over- and underspending on budgets; as well as to ensure adherence to the Public Finance Management Act for funding roll-overs.
The Act also provides for the establishment of a budget office to give assistance to portfolio committees, but in particular to the Standing Committees on Finance and Appropriations to fulfil their mandate as prescribed by the Act. A director is to be appointed in terms of the Act to head the budget office.
The Act has been law for more than a year now, but a director has not been appointed yet. This is despite the fact that the advertisement for filling the position was approved by a joint sitting of the finance and appropriations committees in February this year.
Despite the fact that the appointment is crucial for proper assistance to committees to provide effective oversight, the ANC instead formed what they call "a political task team" to deal with the matter. This so-called "political task team", consisting of ANC members, only came up with the idea of seconding current parliamentary staff to the budget office before the director of the budget office is appointed.
When asked what the function of these seconded personnel would be and who would supervise them in the interim, the Secretary to Parliament advised that they were to arrange office space, buy furniture and computers, etc, so that the new director would not be bothered with such trivial matters when he assumed office.
Needless to say, there was no organogram for the budget office, and the Act clearly prescribes that the director shall be part of compiling such an organogram. The seconded personnel would therefore have embarked on the procurement of offices, furniture and computers without knowing the number of personnel involved and therefore the quantities required.
Fortunately the joint sitting of the finance and appropriations committees did not agree with this hair-raising scheme. The result, however, is that nothing has happened since and the advertisement to fill the position has still not been inserted a year after having been signed into law by the President.
One wonders whether the proposed secondment of parliamentary personnel was an attempt to create vacancies to which superfluous ANC caucus employees could be deployed, or whether the proposed independence of the budget office provides a threat to centralised political control or maybe even endanger the position of certain parliamentary staff members.
At the time when committees and Parliament consider the Medium-Term Budget Policy Statements, MTBPS, the advice and recommendations of the budget office will be of immense value, and it is a pity that priority attention is not given to the establishment of the said office.
It is at the MTBPS that a major portion of the rollover of funds takes place. It would unfortunately also appear that certain departments are not yet aware of the existence and prescripts of the Money Bills Amendment Procedure and Related Matters Act.
I make the latter statement based on the fact that the Director-General of Labour wants to increase his budget by a huge R1 billion without reference to anybody and without quite knowing what the purpose of the additional funding would be. When one hears this, the need for parliamentary oversight becomes clearer.
The example quoted is made more serious by the fact that the director-general in question is also the president of the Black Management Forum of South Africa and should therefore be more knowledgeable about management and South African laws than the rest of us.
Although he is supposed to be an apolitical public servant, we regrettably might be forced to pardon him as he is probably so busy with expressing his own political opinions in his capacity as the president of the forum that he has limited time to attend to the poor showing of the Department of Labour!
I thank you and wish Bafana Bafana all the best. [Applause.
Mr G P D MACKENZIE: Hon Speaker, hon members, the Financial and Fiscal Commission's submission has interrogated government's policy priorities for 2010. It has also examined growth trends and the utilisation of national revenue funding. It concurs with government on its main priorities and thus gives support for the Appropriation Bill.
It is, however, distressing that 16 years after the advent of democracy, South Africa has the unenviable record of being the most unequal society in the world. The gap between the rich and the poor as shown by the Gini coefficient is forever widening.
It is not surprising therefore that unions' strikes stem in part from the disparity of earnings between the upper echelon and ordinary workers. The class divide is going to lead to a class conflict. One does not have to be a prophet to recognise this. The question is whether we have the will to alter the situation on time.
The government's key public spending priorities for the year are education and skills development, health care, job creation, infrastructure, rural development, justice, crime prevention and policing.
There has been little change since 2008. Skills development has been appended to education. We fully agree that skills development is a very important component of education. Job creation has been prefixed to infrastructure development. We also agree that considerable emphasis should be placed on job creation.
However, basic household services have been removed from the government's previous priority list. Rural development has taken its place. This is surprising as the issue of household services remains as contentious as ever.
In Cope we agree that rural development has to come onto the priority listing but not at the expense of household services. This is fundamentally wrong. Even at this stage, it would be appropriate for government to list six extraordinary priorities instead of the basic, usual five. We urge government to do so and to return basic household services to the list as the sixth item.
I now come to debt serve costs as this is the fastest growing item on the budget line. The Financial and Fiscal Commission has warned about the government's use of debt to fund current expenditure, such as remuneration of public servants.
Like the commission, we too are concerned about the increase in debt service costs relative to other budget items, as well as the rapid increase of the public sector wage bill. Government must drastically restrict long-term borrowing because what has happened in Greece should serve as a timely warning to us in South Africa. Debt has a tendency to become unmanageable very quickly, especially as circumstances can alter very quickly.
At a time when economic conditions in the world are as uncertain as they are today, it is very important to curb debt rather than to roll it over as government is intending to do. I believe that red lights should start to flicker. As the custodians of the national purse, this august House should start to become very concerned.
The national government's net loan debt will have risen from R526 billion last year to R1,3 trillion in two years time. Consolidated government debt service costs will therefore rise from 2,4% of the gross domestic product, GDP, or R57,599 billion this year to 3,2% of the GDP, or R104 billion in 2012-13. At that stage, the government debt service costs will be a staggering R104 022 billion.
The National Assembly must think very seriously about the impact of this spiralling debt service costs as it must do everything in its power to bring the debt down. As I see it, South Africa is never going to be able to enjoy a debt-free status again. While the national government's net loan debt is growing, so is expenditure.
Only International Relations, Public Enterprises, Arts and Culture, Sport and Recreation and Communications reflected a slight decrease in their budgets. All of the other departments have increased their budgets. This means that the hard pressed South African citizens must prepare for substantial tax increases.
Likewise, whichever party that comes into government in 2014, will have a note from Minister Gordhan left on the table saying, "Sorry but there is no money left in the Treasury. Good luck!" Remember that this is what happened just a few weeks ago, when the labour government left office in the United Kingdom.
It is an economic truism that large-scale debt, driven by current consumption, will compromise economic growth and destabilise the domestic financial system. It would have been different if debt was being used to finance capital assets. Unfortunately, this is not so and that is why the country is going to face fiscal uncertainty.
There is another matter of some importance on which we would like to get clarity from the Minister. This year, the national estimates of expenditure have not reflected government's expenditure on consultants. Does this mean that as of this year, consultants will no longer be appointed?
That would be a very progressive development considering how government employees leave by one door and return straightaway as consultants through the next door. Even though this is not allowed in the code, the practice is now well established.
It would therefore be of great relief to know that expenditure on consultants is not reflected in the estimates of national expenditure because departments may no longer employ consultants.
Cope would also like to hear from the Minister about procurement processes as these have been thoroughly corrupted by the ANC-led government. Although tax compliance certificates are required by law, departments are dispensing with them at will without any consequences.
The Minister can look at how the Department of Correctional Services has generally subverted the law in this regard. Tender adjudication processes have been bent crooked and accreditation processes are twisted. For how long must the taxpayer patiently countenance such criminal behaviour inside government?
I now come to the question of funding for the public transport sector. A coherent fiscal strategy is lacking. Can we ask the Minister when this deficiency is likely to be remedied?
Finally, I come to the question of the poor in South Africa. Three factors that are making the present global economic crisis more severe for our poor are escalating food prices, rising electricity tariffs, fuel costs and joblessness.
Constitutionally, the poor are not passive victims of poverty and mere recipients of state grants and services. They have to be actively assisted to a better life through education, jobs and services.
We are seriously concerned about the fiscal position in which this country finds itself. We insist that debt has to come down as the cost of servicing that debt will impact negatively on taxpayers in particular. Thank you. [Applause.
Ms S P LEBENYA-NTANZI: Speaker, the distribution of funding from the National Revenue Fund to the state departments is both critical and central to the economic and social development of our country. It is therefore imperative that this distribution is properly planned and implemented strictly according to plan, as we are dealing with finite fiscal resources and cannot afford the luxury of second-guessing ourselves.
Central to the point of effective distribution is the concept of value for money. Many of our state departments still receive qualified audit reports from the Auditor-General's office indicating poor management of funding, which results in ineffective service delivery. It seems as if a culture of general unaccountability regarding fiscal funding is being allowed to develop in certain departments and this is most worrisome to the IFP.
Tender fraud and mismanagement must be identified within the departments and those responsible must be prosecuted to the fullest extent of the law. It seems as if very few staff members in state departments are ever taken to task over fraudulent mismanagement of fiscal resources.
Lack of a necessary skills base in some departments is also a major contributing factor to poor service delivery, and this must be addressed as a matter of urgency. In addition, a culture of discipline, responsibility and accountability must be inculcated within the departments and staff members found in breach of their duties must be disciplined.
Transfers to state-owned entities should be strictly monitored as there does not seem to be much supervision over these funds. They seem to be dissipated with the greatest of ease with little or no accountability attached thereto, an example being the Commission for Gender Equality.
State-owned entities must take a long, hard look at their salary structures. The fat needs to be trimmed off CEO and senior management salaries so that there is more equitable distribution of funds for the average worker. This will result in fewer strikes, a more content workforce, effective service delivery and fewer service delivery demonstrations by the public.
Whilst the IFP respects the rights of workers to partake in legitimate strike action, we question the appropriateness of the timing 15 days before the World Cup.
The Money Bills Amendment Procedure and Related Matters Act provides us with a golden opportunity, which will allow the voices of our citizens to be heard through their respective public representatives in terms of the allocation of resources. Service delivery must be first and foremost on the agenda.
In the past, we have been hampered by issues of over- and underspending, which resulted ultimately in the needs of the people on the ground not being met. This Act will empower us as Members of Parliament to correct these imbalances.
Finally, we would like to task the Ministers and senior management of the various departments with taking full ownership and with being accountable to the people of this country for the funds that they receive from the fiscus.
They should ensure that those funds go where they are supposed to go and do what they are supposed to do. The IFP will support this Bill. I thank you. [Applause.
Mr L W GREYLING: Speaker, this year's Appropriation Bill was formulated at an extremely difficult economic time in our country's history. The whole world is experiencing a massive economic upheaval, with millions of people having lost their livelihoods across the globe.
The recent crisis in the Eurozone has also shown that the tentative global recovery of the past year has mainly been propped up by unsustainable deficit spending. We therefore need to be alive to the fact that our own recovery, as shown by the growth figures yesterday, is constantly subjected to threats outside of our control. The factors that are within our control, however, are the allocation and spending of our budgetary resources.
In this regard, the ID believes that you have done a good job, Minister, of ensuring that different priorities are being met during this difficult period. The ID welcomes the fact that you have chosen not to decrease social welfare expenditure during this time, and that finally the extension of the child support grant to all children under the age of 18 years has been implemented. This is something that the ID has called for for a number of years.
The ID also welcomes the announcement that you will be considering the introduction of a wage subsidy for youth, but we would have liked to have seen this implemented this year rather than next year.
The ID would also liked to have seen more money being set aside for the gradual implementation of the much-debated national health insurance scheme as the gross inequalities in our health sector need to be urgently addressed. In addition, the ID is concerned that not enough money has been set aside for the building up of specific green industries. We cannot keep debating this issue without actually putting forward the funds and policies to build up this potentially huge growth sector.
The ID does, however, welcome the fact that this year's Budget has started to close the financial taps on those nonperforming state-owned enterprises, particularly those that have become a major drain on the fiscus. A major challenge that still needs to be confronted, though, is how we are going to continue to fund the huge infrastructural needs of our country, particularly in the areas of energy, water and sanitation.
For too long we have lived in a false economy where we have not invested enough in maintaining and upgrading the essential services of our country, and the effects of this are starting to be seen throughout our society.
Allocating the money, however, is only one side of the equation. The ID hopes that you will also live up to your promise of ensuring that we get value for money from every cent of government expenditure. This includes ensuring that no money is lost through corrupt practices, nor is siphoned off into the coffers of the ruling party under the guise of investment front companies like Chancellor House. With this proviso in place, the ID supports the Appropriation Bill. I thank you. [Applause.
Mr S Z NTAPANE: Deputy Speaker, hon members, Ministers present in the House, the Bill before us represents the backbone of government's expressed policy for the coming year. Between what we approved here today and what is actually delivered in services, there is a vast gulf.
The failure to turn today's Budget into tomorrow's service delivery is in essence the cause of a spate of violent community protests. As I have indicated earlier in the budget cycle, conditional grants do not resolve the problem of the failure to spend budgets appropriately. At the heart of the matter is a severe lack of skills coupled with an institutional culture that celebrates ineptitude and turns a blind eye to cronyism and tender fraud.
National government will simply have to improve its ability to monitor the spending of provincial and local governments. It also means that national government will have to radically improve its own track record when it comes to responsible spending and meeting delivery targets. We need leadership from the front.
The continued torrent of poor management and widespread critical vacancies must be addressed immediately. It is these basic things which undermine the beautiful intentions of the budget process. It is also these things that create the conditions for corruption to flourish.
We are especially concerned about the numerous state-owned enterprises and entities which draw heavily upon the national revenue for support yet also have a terrible track record. The SABC, to name an example, continues to benefit from taxpayer relief while it stumbles from one management crisis to another.
Regrettably, this is true of many state-owned enterprises and agencies. Eskom is a particularly troubling case. It is a drain on the fiscus. It has undermined our economy with its failure to maintain and invest in infrastructure. It is worsening inflation with its escalating rates.
These are illustrations of a particular culture that has seeped into every facet of governance. If we do not face up to this culture and replace it with one that celebrates competence and dedication, all policy and budgeting will be for nought. The UDM supports the Bill. Thank you. [Applause.
Nkul D W MAVUNDA: Xandla xa Xipikara na Yindlu ya wena leyo hlonipheka, ndza mi losa eka ndzhenga wa namuntlha. Ndzi lava ku burisana na n'wina swintsongo mayelana na matirhelo ya mikavelo ya mali hi tindzawulo ta mfumo. Komiti leyi yi xiyaxiya, ku landzelerisa na ku vona loko mali leyi kunguhateriweke tindzawulo yi tirhisiwa hilaha yi pimanyetiweke hakona. (Translation of Xitsonga paragraph follows.
[Mr D W MAVUNDA: Deputy Speaker and your august House, I salute you this afternoon. I want to discuss with you a little bit concerning the spending of allocated money by government departments. The committee oversees and monitors whether the money which is set aside for the departments is spent as budgeted.
It should also be emphasised that this Standing Committee on Appropriations was established in terms of section 43 of the Money Bills Amendment Procedure and Related Matters Act, Act 9 of 2009, with the powers and functions conferred to it by subsection 4 of the Act and the Constitution. The Money Bills Amendment Procedure and Related Matters Act set out, amongst other things, the legislative framework for the amendments to the Appropriation Bill. In terms of this Act, the committee has to consider and report on spending issues, actual expenditure published by the National Treasury and amendments to the Division of Revenue Bill, the Appropriation Bill and the Adjustments Appropriation Bill, among other things.
It is, therefore, noted with great concern that the government in general reported an overall underexpenditure of R5,8 billion or 1,3% of the entire national Budget for the 2009-10 financial year. The general observation indicates that the bulk of this underspending emanates from the current payment and capital expenditure. However, the 2010-11 Budget has increased by R2,6 billion, or 0,6%, from the 2009-10 to the 2010-2011 financial year.
Be that as it may, if government wants to realise the strategic priorities arising from the 2009 state of the nation address of the hon President, the Appropriation Bill committee recognises that it will have to be effective in its oversight and other functions, and it will have to monitor the achievement of government goals for economic development and service delivery.
Taking into consideration the Appropriation Bill issues raised during the public hearings and section 32 reports - the in-year monitoring instruments for government spending - it has been established that many departments do not fully comply with the range of prescribed legislation, rules, and procedures - amongst other things, the Public Finance Management Act and the Public Service Act.
Picking up but just a few departments like the Department of Co-operative Governance and Traditional Affairs, which is regarded as the central and integral instrument of government, it has, in as far as service delivery is concerned, been allocated approximately R43,9 billion in the 2010-11 Budget compared to the R36,5 billion for the previous financial year.
The department spent R36 billion, which is R513 million less than the allocated amount in the 2009-10 financial year. The department reported underspending in all economic classifications during 2009-10 with capital expenditure reflecting the major underspending. The high levels of underspending are of concern since capital spending and transfer payments form part of government instruments which are meant to create jobs and enhance service delivery.
Having said that, the committee has also learnt with great concern that it has lost about R8,7 million in the 2009-10 financial year, according to the Public Service Commission, PSC, due to suspension of personnel with pay on misconduct and misappropriation of public funds.
This means that with so many departments, there is a lack of compliance with the Public Service Act which prescribes, amongst other things, that a case of any misconduct, including suspension, must be concluded within 60 days. However, there are departments that have in some other cases taken up to approximately 250 days to finalise formal disciplinary processes.
We, therefore, in this committee urge all the departments to comply with the Public Service Act in all respects in order not to misuse public funds unnecessarily. However, this committee, the members of the ANC in particular, has learnt with great interest of the passion, commitment and concern of the Minister of Co-operative Governance and Traditional Affairs with regard to all that has happened at local government level, particularly in various municipalities.
The ANC is waiting with great anticipation for the turnaround strategy model that will strengthen and ensure that government funds are utilised appropriately, effectively and efficiently by highly skilled, suitably and highly qualified personnel who will be placed in the right posts and be equal to the task.
We hope that the turnaround strategy, as alluded to by the Minister himself, will design programmes with proper planning and control of state funds, with monitoring and evaluation being the order of the day. The committee is also impressed by the fact that the Ministry is aware of the challenges faced by both municipalities and provinces, and has come up with a clear programme called "Operation Clean Audit 2009-14" - which also clearly outlines those challenges and its problems - and has also come up with a plan to deal with those challenges that are hampering service delivery.
We appreciate the establishment of the new Department of Co-operative Governance and Traditional Affairs with Dr Masenjani Sibanda as the director. It is noted with appreciation that from the moment of colonial occupation and the apartheid regime, traditional leaders have been at the forefront of the struggle against the dispossession of their land, subjugation, oppression and discrimination by those forces.
It was not by mistake that traditional leaders were central to the creation of the ANC in the year 1912, which culminated in prominent and progressive leaders like Chief Albert Luthuli being elected as the president of this revolutionary movement.
As we speak, in the democratic South Africa together with the leaders in government, we do realise that our enemies are no longer colonialism and apartheid. They are unemployment, crime and poverty that the majority of people in this country have been subjected to since the introduction of the so-called Land Act of 1913, which drove black people to the dry areas called reserves, later named homelands; as well as the Bantu Administration Act of 1938 which stripped away the powers and authority of our kings and chiefs and subjected them to the control of white supremacy then called the Governor-General.
It is our view that the new department will - in consultation with traditional leaders and structures like the Congress of Traditional Leaders of South Africa, Contralesa, and the House of Traditional Leaders - draw up programmes leading to proper land allocation and administration, and local economic development leading to service delivery.
The second example is the Department of Rural Development and Land Reform. This committee has learnt, again, that we are still experiencing the legacy of the Land Act of 1913, which is still prevalent in landownership in our country; in the rural areas in particular, where farmworkers are still trapped by the injustice of this legislation. It is noted with great concern, because land is an asset for any societal development, and it is central to rural development.
The 2010-11 Appropriation Bill proposes a budget allocation of R6,8 billion to the department, which is an increase of R365,2 million as compared to the 2009-10 Budget. The department was allocated R6,4 billion in the 2009-10 Budget. According to section 32 published by the National Treasury, the department has spent R5,9 billion of this budget, which reflects an underspending of R536,4 million at the end of the fourth quarter.
However, the Standing Committee on Appropriations does not encourage these practices that are being practised by other departments, like viraments, shifting of funds within the budget and rollovers. As a committee, we do not encourage such practices.
However, as the ANC, we have learnt with great disappointment that most of the land reform legislation has not benefited the majority of our people, and continues to keep them on the sidelines of economic participation. For example, the agreed principle of willing-buyer, willing-seller has no bearing at all. Instead, it sucks up all the money allocated to restitution and land redistribution programmes.
We have also noted with concern that at the end of the 2008-09 financial year, government had delivered approximately 2,9 million ha of white-owned agricultural land to land reform beneficiaries. This is just about 6% of the 8,2 million ha that government has planned to transfer by 2014.
Even though the initial planned transfer of 1,5 million ha of land was reduced by approximately 40,54%, the department only managed to transfer 443 600 ha due to the escalating land price that eroded all the buying power of the budget allocated to this department.
The attitude of most white farmers in this country, who inflate their prices more than the market value when selling farms to government, remains a serious challenge; hence, as the ANC, we fully support the Minister of Rural Development and Land Reform when calling for progressive legislative instruments that will ensure that there are proper plans and programmes leading towards rural development, and which will make it viable for the department to buy farms at reasonable market value prices.
We also call on [Time expired.
Adv A D W ALBERTS: Minister Gordhan se department verdien om geluk gewens te word met hul prestasies. Die feit dat die Suid-Afrikaanse Inkomstediens sy invorderingsdoelwitte oorskry het, wys dat die departement wel hard werk. Dit dui natuurlik ook daarop dat die Suid-Afrikaanse belastingbetaler wil hê dat die land moet werk, gegewe hul bydraes.
Daarom is die omgekeerde ook waar, en dit is dat die regering 'n besondere verantwoordelikheid het teenoor die belastingbetaler. Dit vind vergestalting in die aanwending van die belastingfondse op 'n sinvolle en effektiewe wyse. Dit behels enersyds die neem van die korrekte beleidsbesluite en andersyds die effektiewe toepassing van dié besluite, met inbegrepe van die uitwissing van korrupsie.
Die regering het, wat die VF Plus betref, wel in die regte rigting begin beweeg rakende ekonomiese beleid, maar ons moet u maan dat die broodnodige ekonomiese groei en werkskepping wat ons land wel nodig het nie gaan gebeur deur die grootskaalse intervensie van die regering alleen nie. Die belastinggeld moet grootliks aangewend word om 'n omgewing te skep wat die entrepreneurswese sal dien as synde die grootste werkskepper.
Ons glo daarin dat Afrikaners en ander minderhede die regering kan bystaan indien die regering gewillig sal wees om die strukturele hindernisse van regstellende aksie en swart ekonomiese bemagtiging te begin hersien en derhalwe die speelveld waarlik gelyk te maak.
Daarby wil ons ook die Minister en sy departement versoek om aandag te gee aan die volgende sake van kommer: die publiek sou graag eerstens wil weet of die Inkomstediens steeds voortgaan met hulle ondersoek teen Julius Malema. Ons verstaan sy belasting is 'n private aangeleentheid, maar indien die ondersoek sou bevind dat daar onreëlmatighede bestaan, veral in die lig daarvan dat sy maatskappye gebruik maak van staatsgeld en substandaarddienste lewer in daardie verband, het die publiek ook 'n reg om te weet wat die uitslag van daardie ondersoek is. (Translation of Afrikaans paragraphs follows.
Adv A D W ALBERTS: Minister Gordhan's department deserves to be congratulated on their achievements. The fact that the SA Revenue Service has exceeded its revenue collection goal indicates that the department is working really hard. This also clearly indicates that the South African taxpayer would like the country to be functioning, given their contributions.
Hence the reverse is also true, and that is that the government has a particular responsibility towards the taxpayer. This is personified by the meaningful and effective utilisation of tax revenue. This involves, on the one hand, taking correct policy decisions and, on the other hand, the effective implementation of these decisions, especially with regard to the eradication of corruption.
The government, according to the FF Plus, is moving in the right direction with regard to its economic policy, but we have to caution that the much-needed economic growth and job creation are not only going to come about through massive government intervention. Taxes should mainly be utilised for creating an environment that would serve the entrepreneurial sector, since it is responsible for creating most jobs.
We believe that Afrikaners and other minorities would support government if it would be willing to review structural obstacles such as affirmative action and black economic empowerment to consequently level the playing field.
We would also like to request from the Minister and his department to give attention to the following matters of concern: firstly, the public would like to know whether the SA Revenue Service would be continuing its investigation into Julius Malema. We know that his tax situation is a private matter, but if the investigation concerns irregularities, especially in the light of the fact that his company is using public funds and delivering substandard services in this regard, the public also has a right to know about the outcome of that investigation.
Secondly, and most importantly, it is becoming very evident that the South African taxpayer is being overburdened by the demands of the state on his or her income. The middle class is struggling, yet the government increasingly levies more taxes or charges upon the everyday working person to the degree that this economy can be constricted into a backwards slide.
At all levels of government, new taxes are born without it necessarily being called taxes. An example is the new road-use tax in Gauteng. Existing tax rates are being increased beyond affordability with many people now facing the prospect of losing their properties due to local government charges.
This is clearly nonsensical. Therefore, we appeal to the Minister to take stock of all the taxes bearing down upon taxpayers and to rework the system into a more equitable form that will allow for entrepreneurial growth in South Africa. Otherwise, we are fast approaching a communist tax system and fascist economy.
The Minister has always shown prudence in the face of adversity, and we trust he will do so again. Thank you very much.
The DEPUTY SPEAKER: This is hon Mkhulusi's maiden speech. You are welcome. [Applause.
Ms N N P MKHULUSI: Deputy Speaker, hon Minister of Finance, hon members and guests, the Appropriation Bill in its allocation makes education one of the key priorities of the ANC government. Basic education that is free, compulsory and universal is the overarching vision that forms the ANC's education policy, and it is people's education for people's power.
In following this vision, the ANC has always advanced towards ensuring that education is becoming free, compulsory, universal, and equal for all children. The 2010 Appropriation Bill should therefore enhance the implementation of the ANC's decisions towards the realisation of the overarching vision. The Bill will go a long way in promoting and supporting mathematics, science and information technology through bursaries to be offered to teachers in these areas.
The appropriations to education, human resources and management expenditure increased at an average annual rate of 134,8%, from R38,85 million in 2006-07 to R498,6 million in 2009-10. This growth is due mainly to additional funds allocated for the supply of newly trained teachers from 2007-08.
Prioritisation of these decisions by the ANC is critical, as there are very few teachers of these subjects in the country. Untargeted training of educators will not be able to deal with the challenge of scarce skills shortages in general and shortages of teachers in mathematics, science and information technology in particular.
Coupled to this is the recruitment of scarce skills such as mathematics and science from foreign countries, whilst a review of current recruitment and retention strategies and its effectiveness has been made. Clarity about the intention to implement a decision to recruit scarce skills from foreign countries is lacking. The ANC decided that government should recruit the skills South Africa does not have from foreign countries in order to raise the internal skills capacity through an increased number of well-performing learners who will end up not only with a university education, but with university degrees in mathematics and science.
During the 2008-09 financial year, 40% of both primary and secondary schools were declared no-fee schools. Approximately 60% of the 12 million learners in the system are currently benefiting from the system. The policy of declaring no-fee schools, beginning in January 2007 and extended in 2008, meant that by 2008, 14 264 schools were not required to charge school fees, thus removing the barrier to accessing education.
By 2010, there are supposed to be 8 million learners in approximately 19 933 no-fee schools. It is clear that the department is making a commendable effort to implement this decision. This has been the vision of the ANC for years: a free, compulsory and universal education for all.
The no-fee schools are not only ensuring access for all learners but are also relieving many poor parents of the burden of having to pay school fees for their children and thus releasing funds to be used to secure food and other necessities. There is poverty alleviation in action, and it contributes to enabling South Africa to meet the Millennium Development Goal of reducing extreme poverty by 2015.
The Appropriation Bill has to ensure that schools serving the poor are adequately provided with education resources. Numerous projects have been initiated to improve teaching and learning in disadvantaged communities, which are concentrated in the rural areas.
The development of school infrastructure in respect of quality improvement, development, support and upliftment has ensured that 15 503 schools are benefiting from this programme. There are still challenges remaining in respect of the provision of basic services to rural schools. A national framework for developing education in rural areas was developed and is being refined in consultation with relevant stakeholders, including, amongst other things, the Nelson Mandela Foundation and the United Nations Children's Fund, Unicef.
The provision of adult basic education and training through the Kha Ri Gude Mass Literacy Campaign launched in February 2008, was aimed at meeting the Millennium Development Goals of enabling 4,7 million adults to become literate between 2008 and 2012. By 2009, the Kha Ri Gude campaign enabled 613 637 learners to attend classes and had created approximately 40 000 short-term jobs.
A combined total of 1 700 blind and deaf learners were reached through employing about 190 Braille and sign language educators. Government's commitment to the elimination of illiteracy is demonstrated by the fact that expenditure has grown, through the appropriation from the fiscus, from R17,1 million in 2007-08 to R443,2 million in 2009-10.
The expansion of early childhood development has been advanced a step further through the 2010 Appropriation Bill. By 2009, there was a 77% national enrolment for Grade R learners at public and independent primary schools, with a further 200 000 learners in classes at community sites. Bags and reading books were distributed to 6 750 Grade R and Grade 1 learners in the Free State and the Eastern Cape as part of the "Drop All and Read Campaign". A total of 2,5 million Ithuba books in all 11 languages were delivered to 2 000 schools as reading material for the intermediate phase learners.
By 2014, all children will participate in Grade R. In this regard, the national funding norms for Grade R will be reviewed to ensure that they consider key curriculum-related matters such as teacher qualifications and class size. The review is expected to be complete by 2011. Through successive Appropriation Bills, the expenditure for early childhood development has grown from R3,9 million in 2007-08 to R11,4 million in 2009-10. The growth is indicative of the intention of the ANC government to expand the early childhood development provision.
The efforts to ensure that all early childhood development centres are standardised to offer the same quality of knowledge to all children and are mainstreamed to enable the Department of Basic Education to exercise monitoring and oversight over them, are very encouraging. This will ensure that all South African children are provided with the necessary learning foundation by 2014.
In terms of this Appropriation Bill teachers are assisted in respect of detailed daily lesson plans and easy-to-use workbooks in all official languages. During 2010, enough workbooks for Grade R to Grade 6 learners, accompanied by teacher manuals, were distributed to schools.
From the beginning of 2011, workbooks will be used by learners from Grade R to Grade 9. Successive Appropriation Bills have seen the appropriation grow from R750 million in 2009-10 to R913 million in 2010-11 and R1 billion in 2011-12. It will ensure that teachers do not spend a lot of time preparing for lessons, but that their time will be spent on the core business of teaching and learning.
On the other hand, the workbooks in all official languages also give expression to the constitutionally entrenched right for everyone to receive an education in the official language of their choice in public education institutions wherever it is practically possible. Learners who learn in their own language from an early age have a stronger potential to understand the essence of what they are taught than those who learn in a second language.
The Constitution calls upon government to heal the divisions of the past and establish a society based on democratic, social justice and fundamental human rights. In this regard, by ensuring that the poor are adequately provided with educational resources, the ANC is demonstrating that the children of the poor can be emancipated from poverty through education.
This fight against poverty not only gives us an opportunity for a better life for all, but contributes towards the realisation of the Millennium Development Goals to reduce extreme poverty.
Let me now turn to higher education in the context of the Appropriation Bill. Of key concern for the ANC is that higher education institutions, which are highly subsidised by the state, are not being closely monitored to ensure that graduates emerging from them, in the main, are equipped to respond to our society's socioeconomic needs. The funnel effect in the higher education institutions, in which the quantitative input is higher than the throughput which, in turn, is higher than the output, deserves more focused attention.
The ANC seeks to build a national democratic society through a developmental state that is technically capable of driving the national agenda and is organising to rally and unite behind that agenda. Such a developmental state has to be capacitated through a broadened skills base that has the capacity to shoulder the developmental imperatives in areas such as infrastructure development and maintenance.
In that regard, adult education, training and skills transfer have to be prioritised. Further Education and Training colleges, FET Colleges, should also be reoriented to produce more of the critical skills that are necessary for the pursuance of the new economic growth path which is job driven.
The need to develop skills for rural development, for advanced technological capabilities, and for growing the economy is critical. This must inform the skills strategies that should support the engine of the new growth path. At the same time, we must facilitate institutional linkages that are flexible and dynamic to meet the differentiated and overlapping demands and opportunities for skills across the sectors of the economy. We should do so by directing skills development resources available to the state so as to meet the dynamic needs efficiently and effectively. The active support of stakeholders, labour, the community, and business, in particular, must be one of our central concerns.
One of the priorities of the ANC-led government is the creation of decent work and sustainable livelihoods, thus reducing unemployment and extreme poverty to concomitantly respond to the Millennium Development Goals. Research demonstrates a direct link between unemployment in South Africa and the skills deficit, thus revealing a stark mismatch between the supply and demand of skills. Employers have often indicated that knowledge, skills, and capacities that people bring from their educational experiences are insufficient for the needs of the workplace.
Commitment to vocational training should be demonstrated in resource allocation to FET colleges and Sector Education and Training Authorities, Setas, which are vessels through which students in general and adults, in particular, receive skills that are needed to drive the engine of the new economic growth path.
We must do more to capacitate FET colleges and Setas to drive the agenda of skilling the South African society. This will include capitalising these institutions, in order to make them attractive as providers of skills and also to create relationships with business and other employers, to ensure work-driven training and immediate systemic placement of students who exit the training system.
The January 2010 ANC NEC lekgotla resolved that FET colleges should be geared towards promoting scarce skills. The FET colleges have, in the recent past, been focusing on the provision of soft skills which are either subordinate or equip students for a subsistence that marginally contributes to the economic life of the community. This needs a rethink in the light of our massive infrastructure development programme and the skills needs that this brings with it.
In conclusion, this Appropriation Bill must be in line with the ANC's 2009 manifesto priorities. The ANC government will increase graduate output in areas of skills shortages, and this will include measures to streamline Setas and other institutions to address the existing and forecasted skills shortages, as the manifesto requires. The ANC supports the Appropriation Bill of 2010. I thank you. [Applause.
The DEPUTY SPEAKER: Order, hon members! Before I call hon Rabie, I want to take this opportunity to acknowledge the presence in the gallery of a delegation from the European Parliament, led by Mr Michael Cashman. The delegation is attending the SA-EU 15th Inter-Parliamentary Meeting. You are all welcome. [Applause.
Hon members, I also want to make an appeal to those members who choose to talk and not to listen, it becomes very distracting. Even here I can't hear what the speaker is saying. If you choose to talk, do so quietly so that it doesn't distract other people, please.
Dr P J RABIE: Deputy Speaker, hon Ministers and hon members, South Africa is emerging from a recession in which approximately 1 million South Africans have lost their jobs. Economic growth in South Africa, during the last ten years, was basically jobless, and I think the hon Professor Ben Turok will agree with me on that.
The ANC's economic policy and its Budget in 2010-11 use the phrase, "a developmental state". I think they use it very extensively.
a new growth path that will result in the eradication of widespread poverty and the present unacceptable levels of unemployment.
Whether it would happen under the present economic policy of the ANC is questionable. What is of significance, however, is that this particular Bill identifies the following five policy priorities of government, namely job creation and infrastructure, which I think is very important; education and skills development; improving health care services; rural development; and justice and crime prevention.
The DA is a party for all the people. One of our core principles is to establish an open society where all people, irrespective of race, colour or gender, have equal access to opportunities. What South Africa needs at this moment, more than ever before, is a public sector that is able to solve the following priorities; and allow me to start with education.
The national Department of Education is responsible for policy development, co-ordination, monitoring, and evaluation. The provincial departments of education are responsible for the actual implementation of programmes in schools. In a submission to the Standing Committee on Appropriations, the Human Sciences Research Council, HSRC, states that current research indicates that cognitive performance at an early age of six years can predict later performance, especially in mathematics. Whether it actually happens is debatable.
Strong, quality mother-tongue development is essential for literacy, academic language, numeracy and other skills. Whether this is actually occurring too is also questionable.
It also indicates high volatility amongst the youth-learner aspirations that is failing to translate into student enrolments and high volatility amongst the youth-learner aspirations failing to translate into skilled enrolments. This was taken from what the HSRC said to us in the committee.
What this in essence means is that the current education system does not provide the adequate skills required in the labour market. It is estimated by the HSRC that before the present economic downturn, there were about 2,5 million people aged between 15 and 24 years who were out of work and not studying. It is my contention that this problem is now considerably worse.
The Standing Committee on Appropriations had a hearing on the Expanded Public Works Programme. What emerged during the hearing is that some government departments have not yet implemented clear financial control reporting; and the underspending in respect of the Expanded Public Works Programme incentive hampers the national goal of job creation. And this was crystal clear.
Another question that remains is whether there is adequate communication between national, provincial and local spheres of government. All indications are that there is room for improvement, but whether the political will exists is questionable, if the lack of service delivery that exists at local level is taken into account.
The DA is of the opinion that the commitment to maintain and to create new infrastructure is essential. A thorough review of the capital expenditure and operational efficiency of state-owned enterprises is required. It is of national importance. It is not acceptable for ordinary taxpayers, who already carry a heavy tax burden, to subsidise nonprofitable state-owned enterprises. Privatisation of these entities is inevitable if we want our manufacturing sector to grow and to compete in global markets.
The cost of doing business in South Africa is still too high. The DA therefore urges government to reduce the red tape.
The DA welcomes the additional spending in this Bill on rural development. More than 40% of the total population in South Africa lives in rural areas. What is of concern, however, is that the present HSRC research indicates that only 10% of this population is economically active in organised agricultural production in these particular areas.
According to the 2010-11 Budget, spending on rural development will increase from R6 billion to R8 billion by the year 2012-13. The department also identified a number of priorities, for example, water management, agricultural support, and extension for both household and commercial farming. Rural development requires a holistic approach, and it is critical that the private sector, the Departments of Agriculture, Forestry and Fisheries; Water and Environmental Affairs; Transport; Public Works; and Co-operative Governance and Traditional Affairs, and other entities become involved in rural development.
The DA also urges the Department of Rural Development and Land Reform not to deviate from accepted international economic principles that relate to private property sales. The willing seller, willing buyer principle remains in force. We cannot afford another Zimbabwe. Our economy is vulnerable; we are not yet out of the woods. Only 12 million South Africans are employed, of which only 5,3 million actually pay income tax, whilst between 12 and 13 million people still depend upon social grants.
The portfolio committee took note of the submission by the Public Service Commission that the Department of Police does not comply with the Public Service Act that states that the suspension process should take 60 days. It took them about 80 days to suspend something like 650 of their members.
The result of this was that the department lost R5,4 million from suspensions with pay. What is further of concern is that this department has lost R102 million to financial misconduct, and only 61% of this particular total was recovered. This is clearly not acceptable. The DA urges the hon Minister of Police to institute preventative measures to rectify the financial misconduct in his department.
Violent crime and corruption threaten the economic and social future of all South Africans. Statistics released by the SAPS for April 2008 until March 2009 puts South Africa's murder rate [Time expired.] I thank you, Madam. [Applause.
Ms R M MASHIGO: Madam Deputy Speaker, hon Ministers, Deputy Ministers, MPs and guests, the document on the reconstruction and development programme speaks about, among other things, the democratisation of society and people-driven needs.
The voters have spoken, through the inputs of the ANC branches that represent the aspirations and hopes of their communities, irrespective of political affiliations. The Budget speaks to the people's needs, the ANC's 2009 election manifesto and the government's priority programmes.
This paper will focus on crime prevention, policing and health, explaining why the appropriation is relevant. What is common in these two departments, SAPS and Health, is that they both have a high capacity for job creation, caring and patriotism, and are labour-intensive. The correlation between the two departments is that a person has to be physically healthy to join the police force.
The battle against crime cannot be separated from war and want specific mind sets and historical conditions drive elements of crime problems the network of crime has grown in their reach and sophistication across national boundaries - this includes syndicates that deal with money laundering, human smuggling as well as drug trafficking and abuse.
The government is addressing those issues. The ANC will never abandon its mass mobilisation towards crime prevention and protection of people, communities and their properties. The strong community policing forums, which emanated from our Stellenbosch conference resolutions, and again emphasised at the Polokwane conference, showed these effects, because the residents have such a lot of confidence in the policing forums.
This is because the policing forums do liaise with the communities and relevant stakeholders, and they are also able to detect anti-social behaviour in the communities and report them to relevant structures.
On top of this, we are strengthening this with our street committees, which actually act as a neighbourhood watch. They know who lives within the areas and in the neighbourhood; and as a result, they can easily detect criminal elements among themselves and report them to the police and the policing forums.
Through these structures, we can even strengthen the community courts. In rural areas and in villages we also need to mobilise the implementation of safety plans under our traditional leaders. The hon Minister of Police is also involved in meetings with the farmers, trying to resolve the issue of crime in that sector.
The National Youth Service Programme should involve youth in the massive programme of community policing safety, which includes night patrols to instil discipline among the youth as well as the value of serving and protecting the community and public property.
We thank the President for the appointment of General Bheki Cele at the helm of the Police Service. He is doing exactly what everybody in this House wants. He is changing the mindsets and promoting professionalism and discipline within the institution, which will earn the police the respect and confidence of the community. This goes further with proper training and the investigative eye of the police.
We should remember that re-enlistment of former senior police officers in this regard means those who are fit to do the work. One should not cry foul when members from the former police services are turned down, because we really need fit people, who will still be able to do the job. This is a very good programme. We wish that the fit, former police officers would come back and join us in the prevention of crime.
The implementation of a single Police Service is long overdue. We appreciate the announcement by the Minister of Police during the Budget Vote debate on 6 May 2010 on this subject. There should be co-ordination of police services for effective policing, under the control and management of the office of the general of SAPS.
There should be co-ordination of the criminal justice system, so that police investigators and prosecuting officers can ensure that some cases are not thrown out of court because of fragmented processes and technicallities. We should also strengthen the Independent Complaints Directorate to ensure compliance with the implementation of the Domestic Violence Act and that SAPS is doing as recommended.
There is also the integration of border controls, to ensure the prevention of transnational crime and the security of the country. The Department of Finance has to fill its 22 vacancies of the 97 964 posts, as at September 2009, in order to effectively fulfil this and its other core functions. The strengthening of forensic capacity is also recommended as mentioned in our 2009 election manifesto.
We know that we have the trio which will make us effective in tracing all those crimes through the assistance of forensic investigation and integrated Information and Communications Technology, ICT, utilisation. The intergovernmental co-operation under this co-ordination should also be strengthened in order to prevent and combat cyber crimes.
The number of posts in SAPS, as at 31 September 2009, according to the figures that we received yesterday, was 192 240; and the vacancy rate between 2009-10 stands at 3,5%. This translates into 6 869 posts. All these vacancies are at the lower levels of between one and six. These levels are supposed to be the levels at which poverty and unemployment are meant to be alleviated, as they are occupied by unqualified personnel and low-ranking police officials. It is really necessary and imperative that those people out there who are able to do the job effectively should be employed and those posts should be filled because they don't need any documentation.
Reference has been made to corruption, and the strategic plan of the Department of Police is indicating that the prevention, detection and investigation of corruption within the departments will be a major focus. I do not dispute the fact that the Public Service Act has shown that many of the suspended cases have gone long beyond 60 days, and this has led to fruitless expenditure in the department. Hon Minister, this really needs proper attention.
Under health, hon members, I will be talking about what the Freedom Charter says concerning health for all. It commits the government to promote the health schemes under the state, free medical care and hospitalisation, with special care for mothers and children. We are focusing on primary health care.
It should be noted that in South Africa, the first and most significant policy for health promotion appeared in the ANC's health policy document. It recognised the power of health promotion in promoting the lives of South Africans and in its vision for primary health care. It was endorsed by the White Paper and the National Health Act of 2003 as a strategic approach for ensuring an accessible, affordable and efficient health system with full community participation and intersectoral collaborations.
We have seen achievements towards that, with health facilities closer to communities. There are still areas without basic facilities, but with the human settlement programmes, at last services will be where the people are. The use of mobile clinics in remote areas should be seen as an interim measure, as it has already proved to be unreliable.
Through the establishment of clinic committees, hospital boards and public education, the communities will understand the importance of attending local health care centres and clinics instead of going to hospital for minor and chronic treatments. Instead of waiting for death to occur at any public institution and then running to the media, let us all make it our duty to address our constituencies and our political parties about the importance of attending local health centres.
This is where the Millennium Development Goals on reduction of child mortality and improvement of maternal health starts. It starts right at the clinics. Many of the deaths relating to these two goals happen due to the lack or sometimes underutilisation of resources, which include HIV/Aids and mother-to-child transmission.
The ANC-led government is actively addressing the issues of inequality in health systems, improving quality of care, public facilities and human resources. The Declaration of Alma-Ata committed members of the participating countries to health for all by 2000. One of the principles of this promotion was to emphasise primary health care. This means providing appropriate services to the people where they are and within the communities.
HIV remains a threat in our country. The ANC has committed itself to working hard towards the target of cutting new HIV infections by half by 2011 and ensuring that 80% of those infected have access to ARVs. We salute President Zuma, the hon Minister of Health and others for leading by example, when they confronted all perceptions and stigmas attached to the pandemic. The ANC will continuously mobilise the people to practice safer sex.
With the involvement of faith-based organisations, we will definitely achieve what we want to by making sure that the moral fibre of the community is upheld.
The South African National Aids Council, Sanac, has been revived and is looking at the strategies that will address the fight against Aids. HIV prevention is well-resourced within the government departments, for example, the Social Services Developmental Co-ordination Programme addresses, with other departments, the HIV prevention programmes.
I can only mention the caregivers' programmes, which are under the Expanded Public Works Programme, and others focusing on HIV awareness, condom distribution and male circumcision.
The Comprehensive National Insurance Plan will address the review of hospital revitalisation, and will be looking at the maintenance of the existing facilities.
Human resources development is an issue. We are hoping that the departments will come up with a human resources development programme that will address the high vacancy rates. This will include the opening of nursing colleges.
We all know that, as a profession, nursing was associated with poverty alleviation, because students used to receive salaries whilst training. This then had a positive economic impact on their families.
We have all the oversight tools to make sure that the budget is going to be used for the purposes that it is intended for. The Constitution expects all of us to call for accountability. The people out there know what they want, but depend on us to get it. Let us not fail them.
As a committee we debated so well today, which shows that all those members of other parties who attended the hearings of the Standing Committee on Appropriations understand exactly what we want.
We are inviting members from the FF Plus to attend one day. They should understand that we are here for equity and not just to promote one sector of the community. The ANC's aim is to transform the imbalances of the past. Let us all agree that everybody should get a better life. With the assistance of everyone here, we are going to achieve whatever we want - equity and equality for all members of the South African population.
With these words, we invite all those members who took part in the debate today and supported the budget to please attend the committee hearings so that they can understand what the Standing Committee on Appropriations stands for; or they should at least ask for the documents containing the terms of reference of the committee. The ANC supports the Bill. I thank you. [Applause.
The MINISTER OF FINANCE: Madam Deputy Speaker, the Acting President, and colleagues. Let me also join the House in offering my condolences to the Slabbert family. I met Van Zyl Slabbert in the early 80s when I was on the other side of the political line. I can only commend his impeccable integrity and resilience. [Interjections.] No, you will learn about it soon, don't worry.
On behalf of the Minister's committee on the Budget and indeed the Cabinet, I want to thank and extend our appreciation to the Standing Committee on Appropriations and its chairperson, Mr Sogoni, and indeed all Members of Parliament who have participated through the various portfolio committees in interrogating the Appropriation Bill.
This is a new period during which a new, critical look had to be given to the Division of Revenue, to the Fiscal Framework and the proposed allocations to the various departments. Of course, all of the committees heard what the departments were delivering, but all of them also heard how each of the departments wants more money. Of course, the amounts will range from anything up to a billion rand as we have learnt. May I thank, on behalf of Cabinet, Parliament for its vigilance and very constructive debate and contributions to a very important process.
This year, Deputy Speaker, is an interesting year. It marks the first time we have implemented the Money Bills Amendment Procedure and Related Matters Act. We did so in the middle of a serious recession which, every now and then, seems to tell us it's going away, but then decides to come back.
We have had to move into a deficit of 7,3% to secure our expenditure on infrastructure, social commitment and other commitments in terms of spending programmes. We have put in place measures to mitigate the impact of this recession on workers and businesses. Also, we have conducted an internal campaign - like many governments are doing now - to encourage savings, to find value-for-money propositions and, more importantly, to get a collective voice amongst us in our fight against corruption and the virulent rent-seeking that seems to typify our society.
We must endorse Mr Sogoni's words when he says these are public funds and there is a lot more that politicians, administrative heads and others could do to make sure that we get the right value for money.
In the last three days we have had some good news. Two days ago the Reserve bank informed us that the leading indicators - these are indicators that they monitor in the economy that tell us if the curve is moving up or down, or just straight are showing that we are increasingly moving away from the recession that we've been experiencing.
Yesterday we heard from Statistics SA that our GDP for the first quarter was 4,6% and today we heard from them again that the Consumer Price Index, CPI, came out at 4,8% - much below what many people expected. [Applause.
I think we should rightly be happy that South Africa appears to have left the recession behind; it certainly has. But when we look at the world around us, we also have to be mindful that there are still risks in the world around us. As I will illustrate to you in a moment, we are not completely in a clear. Remember that the recession that we experienced in South Africa wasn't of our own making. It was the greed and avarice of bankers in Wall Street that got us what the rest of the world had got itself into.
At the same time, we must appreciate the good news, but the key challenge before us is how to increase the volume of this good news into a roar which says we are, indeed, on the path of an inclusive growth economy. The warning for us, though, is that most of the world or many parts of the world are on what we may call a fiscal watch.
Let me give you some examples of what this fiscal watch means. The United Kingdom, UK, announced the other day - you might agree or disagree with the current coalition administration - that they are going to cut £6,25 billion in this year's budget. A sum of £1 billion is to be cut in discretionary areas like consultancy and travel costs; £95 million by cutting losts in IT spending; £1,7 billion by delaying and stopping contracts and projects; £170 million through reductions and property costs; £600 million from cutting the costs of quangos, or what we call state entities; and another £520 million by reducing other lower-value spending.
Local government must make a contribution of £1,1 billion to this overall £6 billion and over.
Mr M J ELLIS: We would like to have those same cuts.
The MINISTER OF FINANCE: That is something you have to wait for, Mr Ellis, until you get to Cabinet. [Laughter.
Now what are other countries doing Minnesota, a state in the United States, has reduced state government aid by US$250 million, made reductions in state health and human services programmes, and has reduced state agencies and other programmes?
In Ireland a 2% pay cut has been imposed on all those earning between €15 000 and €75 000. Those earning incomes above €75 000 have to be levied at between 4% and 9% of the income as an additional levy - I'd like to know how many volunteers we have for that here in the House! There is also a health levy increase to 5% and a number of other cuts in the various services that government offers.
Greece, of course, has been in the news, but amongst the many things that they had to do as part of their fiscal consolidation is that annual holiday bonuses have been capped; pensioners' bonuses will also be capped; taxes will be increased; and deep cuts in defence spending and hospital procurement have been made. Now this story goes on in Portugal, Spain and France, and in the last 24 hours, Italy has joined the queue of those making these cuts.
Notwithstanding that record of what the rest of the world is doing, we can safely say that in South Africa we have a very clear plan, in spite of some of the comments that we have heard today, to manage our debt.
Let me repeat that the increase in our borrowing wasn't because of our own choice; it was forced upon us. We did it because we wanted to protect the programmes of government and to ensure that our people are not deprived of the services that they need or that the investment in infrastructure expenditure is not compromised in anyway.
We were not profligate like Greece or any other country and I believe that, notwithstanding our challenges, we have a very clear fiscal consolidation plan that will eventually take us from last year's 7,3% deficit, which is now 6,7%, of course, to 4,1% in three years'. And I think it will even be lower than that if we manage ourselves carefully. [Applause.
Hon Mr MacKenzie, your question around consultants is, in fact, answered in the Estimates of National Expenditure booklet - the thick one - and I can give you page references where you can actually find it. That might help you to identify where those numbers are. Your point about the procurement processes and so on is valid, but I think it's improper to just finger one department like the Department of Correctional Services, where I know the Minister is putting in extraordinary efforts to ensure that the procurement process is put right.
The concerns that we have about debt service costs are valid. This increase from R57 billion last year to R104 billion in three years' time. And we require, if you like, a national consensus amongst all of us on the fact that we can't just borrow endlessly, neither can we spend endlessly on interest payments on our borrowings. We need to manage our fiscus in the right way, therefore, we certainly share the sentiments in that regard.
Many of our colleagues have raised questions around value for money, savings and corruption. I think we have gone some way to understanding where the gaps in the procurement system are. I don't think we have done enough, yet. There is some intensive work going on and hopefully, in the next month or two, we will be able to announce further steps to close these loopholes.
But the problem here, ladies and gentlemen, is that there is a significant culture of rent-seeking that is developing in South Africa. Make easy money; access it easily; make the right connections with politicians and bureaucrats and without putting in any sweat equity at all - I don't have to sweat, I don't have work hard, I don't have to think hard - all I need to do is make the right connection. We must end that. [Applause.
On state-owned entities, all of us would agree that the kind of paradigm within which these entities have operated for the past five or 10 years is not quite the paradigm we want for the future. This is a matter that the President, as you know, has taken in hand and I think in the next six months or so we will begin to see some results on many of the issues that colleagues have raised.
On the savings question, let's remember that in this Budget itself the efforts that we have put in over a very short period of time gave us some R25 billion of savings which we have redistributed over the three-year period to various priorities. This is a start, but we need to do a lot more than we have done up to this point.
Colleagues, for example, the hon Lebenya-Ntanzi has raised various questions about heads of departments taking more responsibility for the funds and how they spend them. I think here we would agree with you that there is more work that leaders within the Public Service can do in order not to raise expectations of more money, but to find innovative ways to do more with less money. That is the pattern that the rest of the world is following.
How do we fund our infrastructure needs If you listen to all the announcements that we have had recently, including Mr Ndebele's announcement that we need R75 billion to fill the potholes in our road system, then the list that we have is long. One of the things that we as a country will have to look at is how to prioritise what we want to do on the infrastructure side. Where do we get the maximum bang for our buck, if you like, and the maximum impact on the economy as a whole?
It is interesting that one of the morning newspapers today gives credit to government for its infrastructure investment and its contribution to the GDP thus far. So, read that paper and its editorial; and it's a welcome acknowledgement of the efforts and plans of government itself.
The hon Ntapane raises questions about state-owned enterprises, SOEs, and in particular the SABC and Eskom. On behalf of Minister Hogan, I can certainly give you the assurance that Eskom is on a much better footing; that its management team is really ticking and very cohesive. There are very clear plans about where they want to take the organisation in order to make sure that we have the energy suppliers that we actually need; and it is beginning to correct some of the mistakes that might have been in the system.
I can't say the same for the SABC at the moment. There is a lot of work to do in that entity and many other entities to ensure that this culture of relying on government guarantees to keep them on this side of the auditors' line is one that we need to put an end to. Management in these entities must learn to take responsibility and they must deliver the goods. That is the key.
Mr Alberts, I regret to tell you that the word "communist" is not an unfriendly word these days, because we all refer to China and China is headed by a communist party. I think many of us might want to emulate what they do to get the kind of growth figure that they have; the kind of speed at which they can implement their infrastructure projects; and the culture of can-do. The days of "swartgevaar", I'm afraid, have been left behind sometime ago and we might have to find other ways of addressing some of the questions and concerns that you have. [Applause.
We want to agree with Mr Swart that issues - several other colleagues have mentioned this as well - of roll-overs, wasteful expenditure, over- and underexpenditure, and not quite abiding by the Public Finance and Management Act, PFMA, are all issues which the Standing Committee on Appropriations have come across. Ministers and heads of departments I'm sure will give the appropriate attention to this.
In conclusion, let me say that we have done well, this year, to implement the Money Bills Amendment procedure and Related Matters Act in Parliament; to get the right level of interaction between Ministers and the portfolio committees; and to give attention to the key issues that we have before us.
Let us recognise that we do have a very uncertain period ahead of us. There are no guarantees that the revenues will come as we think or that the economy will sustain the kind of growth indicators that it is giving us at the moment. But there are two things that we need to bear in mind.
The first is that as we go into the next budget cycle we will have to learn about what real prioritisation means; we will have to learn that we have to take money from somewhere and give it somewhere else.
And we will have to learn that we have to make trade-offs, we can't do everything for everybody at the same time from the same pot of money, and so I'm waiting for volunteers to say that I can take money from them and give it to somebody else - not necessarily on this side, though.
Finally, we all need to take collective responsibility for the fact that babies should not be dying in our hospitals; people shouldn't be living in the conditions they live in when the President visited Sweetwater; and that a lot should be done to end the theft from the state and the rent-seeking that is happening.
So let me recommend that you adopt the Appropriation Bill and I thank you for this opportunity. [Applause.
Bill read a first time.
Vote No 1-The Presidency-put.
The LEADER OF THE OPPOSITION: Madam Deputy Speaker, the DA has no option but to call for a division on this Vote and make a declaratory statement in this regard.
Besides the fact that the President's first year in office has been somewhat of an annus horribilis, and despite the enormous opportunity that goes with being the host country for the 2010 football World Cup, there have been many - too many - instances that have compromised not only the person of the President, but also the office.
This Vote's allocation has grown systematically over the past few years and the projections for further exponential growth are frankly a matter of grave concern. This budget has grown at an average rate of 45,6% between 2006-07 and 2009-10.
The Presidency has also recently adopted two infants, namely the National Planning Commission and the monitoring and evaluation commission. This in itself - despite the fact that their budgetary allocation is R50 million, which makes up only 7% of the total budget of the Presidency, and the fact that the two commissions have only recently began crawling, literally - demands of this Parliament an appropriate oversight authority to evaluate the performance of these commissions and monitor their expenditure, as with all the other departments.
The balance of this not inconsiderable budget of R677 million is at the disposal of the Presidency. It remains an anathema to me that there has to date not been an oversight authority that has interrogated the expenditure of the Presidency in preceding years, so as to appropriately interrogate the current budget proposals. It is inconceivable that any budget can be passed for any ensuing period without proper accounting for what has previously been appropriated.
It is therefore just not possible to approve this allocation and we will remain constrained in this regard until an appropriate oversight authority or mechanism is established. The DA hereby notes its objection to the Budget Vote No 1 - The Presidency.
Mr M S SHILOWA: Chairperson, any government which is inefficient tries to correct that inefficiency by becoming bigger and more expensive. That is exactly what this government has done. We have one of the most bloated Cabinets in the world.
While a huge country like the United States of America has 15 executive departments, we in South Africa now have 35 ministries! Similarly, the Federal Republic of Germany has 15 ministries. Russia, which is another huge country, has 17 ministries. The cost of government is imposing an intolerable burden on the country. As we already have a fiscal deficit, government is going to have to increase taxes because it will not be willing to cut down on its size.
On top of that, we have a President who does not seem to relate very well to the Constitution. On Sunday, 23 May 2010, the President told the citizens in Nelspruit that anyone who dared to leave the party would be exposed by the ancestors and will get stick! [Interjections.] People are being intimidated and lied to.
Earlier, there was the incident of the jogger from the University of Cape Town, who was bullied. All in all, this President is not leading a government that is delivering a better life for all. Cope will not support this Vote. [Interjections.]. Thank you.
Rev K R J MESHOE: Chairperson, when we debated the hon Dandala's motion of no confidence in the President of South Africa, the ACDP gave reasons why we supported the motion. To show consistency and continuity on our part, the ACDP will not be supporting Budget Vote No 1-The Presidency. [Interjections.
Under President Zuma's leadership, state expenditure has increased substantially; the latest addition being the more than R15 million in taxpayer's money that will have to be paid to maintain his three wives and fiancé. [Interjections.
The President has failed to show overall leadership in times of crisis and violent protests which are a response to poor service delivery. The ACDP will therefore not support this Budget Vote. Thank you.
The CHIEF WHIP OF THE MAJORITY PARTY: House Chairperson, the ANC rises in support of Budget Vote No 1: The Presidency. The budget contains the key elements to implement the vision and programme of action of this government.
Upon assuming the high office of President of the Republic, President Zuma committed the government to working tirelessly towards fundamental change in the lives of all South Africans, especially the poorest of the poor.
The levels of interaction with ordinary people and key stakeholders in society have become one of the salient features of the Presidency. The bulk of the money, which totals R465,1 million, is targeting executive co-ordination that includes policy co-ordination, the Cabinet office and the National Youth Development Agency. As the ANC, we encourage the Presidency to continue on this path.
We are really disappointed to learn that the only motivation of the DA to challenge this budget is because there is no monitoring mechanism. This is despite the fact that the DA has submitted names for the constitution of a task team to do that. [Interjections.] So, in short, it means you have no viable motivation for what you are doing. [Interjections.
With regard to Cope, Cope is a chicken without a head. [Interjections.] How can we listen to a chicken without a head; it will mislead us. [Interjections.] [Time expired.
AYES - 215: Abram, S; Adams, P E; Baloyi, M R; Bam-Mugwanya, V; Bhengu, N R; Bhengu, P; Bikani, F C; Bogopane-Zulu, H I; Booi, M S; Borman, G M; Boshigo, D F; Botha, Y R; Burgess, C V; Buthelezi, M G; Carrim, Y I; Cebekhulu, R N; Chauke, H P; Chikunga, L S; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S C; De Lille, P; Diale, L N; Dikgacwi, M M; Dlakude, D E; Dlamini, B O; Dlamini-Zuma, N C; Dlodlo, A; Doidge, G Q M; Dubazana, Z S; Dube, M C; Dunjwa, M L; Fihla, N B; Fransman, M L; Frolick, C T; Fubbs, J L; Gasebonwe, T M A; Gelderblom, J P; Gigaba, K M N; Gina, N; Godongwana, E; Gololo, C L; Gona, M F; Gumede, D M; Gungubele, M; Gxowa, N B; Hajaig, F; Hogan, B A; Hoosen, M H; Huang, S-B; Jacobus, L; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kekana, C D; Kenye, T E; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Komphela, B M; Koornhof, G W; Kota-Fredericks, Z A; Kubayi, M T; Landers, L T; Lebenya-Ntanzi, S P; Lekgetho, G; Line, H; Lishivha, T E; Luyenge, Z; Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi, M N; Magwanishe, G; Mahlangu-Nkabinde, G L; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Makwetla, S P; Malgas, H H; Maluleka, H P; Maluleke, J M; Manamela, K B; Manana, M C; Mandela, Z M D; Manganye, J; Manuel, T A; Mapisa-Nqakula, N N; Martins, B A D; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mataboge, D K; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matshoba, J M; Maunye, M M; Mavunda, D W; Maziya, A M; Mbalula, F A; Mc Gluwa, J J; Mdakane, M R; Mdladlana, M M S; Mentor, M P; Mfeketo, N C; Mgabadeli, H C; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mohale, M C; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Morutoa, M R; Moss, L N; Motimele, M S; Motshekga, M A; Motshekga, M S; Msweli, H S; Mthethwa, E M; Mthethwa, E N; Mtshali, E; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabandaba, L B G; Ndabeni, S T; Ndebele, J S; Ndlovu, V B; Nelson, W J; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C; Nhlengethwa, D G; Njikelana, S J; Nkwinti, G E; Nonkonyana, M; November, N T; Ntapane, S Z; Ntuli, Z C; Nxesi, T W; Nyalungu, R E; Nyanda, M F; Nyekemba, E; Oliphant, G G; Oosthuizen, G C; Pandor, G N M; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pilusa-Mosoane, M E; Radebe, B A; Radebe, G S; Radebe, J T; Ramatlhodi, N A; Rantsolase, M A; Saal, G; Segale-Diswai, M J; Selau, G J; Sexwale, T M G; Shiceka, S; Sibanyoni, J B; Sibhida, N N ; Sithole, K P; Sithole, S C N; Sizani, P S; Skosana, J J; Sogoni, E M; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Thabethe, E; Thobejane, S G; Thomson, B; Tinto, B; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Tsotetsi, D R; Turok, B; Twala, N M; Vadi, I; Van der Merwe, S C; Van Rooyen, D D; Van Wyk, A; Xaba, P P; Yengeni, L E; Zikalala, C N Z; Zondi, K M; Zulu, B Z.
NOES - 66: Alberts, A D; Boinamo, G G; Bosman, L L; Coetzee, T W; Davidson, I O; De Freitas, M S F; Doman, W P; Du Toit, N D; Dudley, C; Duncan, P C; Ellis, M J; Farrow, S B; Fritz, A T; George, D T; Groenewald, P J; James, W G; Kalyan, S V; Kloppers-Lourens, J C; Kohler-Barnard, D; Lamoela, H; Lee, T D; Lorimer, J R B; Lotriet, A; Louw, A; Lovemore, A T; MacKenzie, G D; Marais, E J; Marais, S J F; Masango, S J; Maynier, D J; Mazibuko, L D; Meshoe, K R J; Michael, N W A; Mnguni, P B; Mokgalapa, S; More, E; Morgan, G R; Motau, S C; Mubu, K S; Mulder, C P; Nhanha, M A; Njobe, M A A; Ntshiqela, P; Ollis, I M; Poho, P; Rabie, P J; Rabotapi, M W; Robinson, D; Ross, D; Schmidt, H C; Selfe, J; Shinn, M R; Smiles, D C; Steele, M H; Steyn, A; Steyn, A C; Swart, M; Swathe, M M; Trollip, R A P; Van Dalen, P; Van der Linde, J J; Van der Walt, D; Van Dyk, S M; Van Schalkwyk, H C; Waters, M; Wenger, M.
Vote accordingly agreed to.
Vote 2 - Parliament - put.
Mr P D MBHELE: Chairperson, unfortunately for the members who are making a noise, Cope will support the Budget Vote on Parliament, but with a strong word of caution and much reservation. We need to develop and build a strong culture of oversight, as this is one of the most important tools that we can utilise to strengthen our democracy and take our nation forward.
The necessary policy and tools are in place. However, implementation is the problem. We need to ensure that every Minister submits to the oversight mechanism so that the government is seen to be placing a high premium on accountability. This is what society is demanding and if we are the people's government, we should oblige.
Cope supports the demand for Ministers to respond to questions in earnest and on time in order not to render the process futile. Cope also urges the reintroduction of interpellations without any further delay. This is supposed to be the year of action and the Speaker of the House must actually lead from the very front. Thank you.
Mr C T FROLICK: Chairperson, the fourth democratic Parliament which is an activist Parliament, is tasked with oversight and I want to remind the hon member from Cope that oversight is not only about asking questions to the executive. Asking questions is one of those elements and there are other areas of responsibility where parties need to exercise those responsibilities.
It means that we need to ensure that the lawmaking process is improved in such a way that it improves the lives of our people. Yes, we need to intensify our oversight, but we also need to ensure that public participation is not left behind.
We also need to ensure that all the structures that we have put in place are operationalised to make the fourth democratic Parliament more effective. In this light, the strategic plan that has been tabled by the Speaker has been scrutinised, commented on and adopted.
May I finally add that I am glad to hear that Cope is not going to object to the Budget Vote because it is the very same Budget Vote that is assisting them to organise their first congress. Thank you very much. [Applause.
Vote agreed to.
Vote No 3 - Co-operative Governance and Traditional Affairs - put.
Mr W P DOMAN: Chairperson, last year the DA supported this Vote, believing that the new Minister and Deputy Minister would ensure that the department's budget would help to turn around the poor service delivery experienced at the majority of municipalities.
Unfortunately, the general state of municipalities and service delivery are now worse with more than 50 major protests taking place all over the country since the national elections. Twenty-four municipalities are currently under administration and many others are in distress. The vacancy rates at municipalities are not coming down.
Nepotism is rife and incompetent connected cadres are appointed. Exorbitant packages are paid to top officials, resulting in salaries comprising more than 50% of the total expenditure of municipalities.
Skuld aan munisipaliteite, des ondanks gedeeltelike afskrywing, het toegeneem tot R57 miljard. Goedkoop politiekery om stemme te koop, veroorsaak dat die ANC-beheerde rade nie skuld invorder of streng kredietbeheer toepas nie, en veral nie voor verkiesings nie.
Die weerhouding van betaling deur enige een is onwettig en dit is jammer dat die Minister die rassekaart speel deur slegs op wit weerhouding te konsentreer. Die Minister en sy departement het ook nie daarin geslaag om nasionale en provinsionale departmente te kry om hul munisipale rekeninge af te los nie. (Translation of Afrikaans paragraphs follows.
Municipal debts, despite partial write-off, has increased to R57 billion. Cheap politicking to buy votes gives rise to the fact that ANC-led councils are not collecting debts or enforcing strict credit control measures, especially not prior to elections.
It is illegal for anyone to withhold payment and it is a pity that the Minister is playing the race card by only focusing on whites withholding payments. The Minister and his department also failed in getting national and provincial departments to settle their municipal accounts.
It became glaringly obvious in recent visits to municipalities by the oversight committees of Parliament that a number of them are misusing the municipal infrastructure grant allocated by this department - and your responsibility - for daily running costs of the municipality.
With the poor state of local government and a department, which according to the Auditor-General's report, had two fraudulent matters amounting to R37,6 million to deal with and which, according to Auditor-General's report, also lacks the evidence to prove its actual performance in terms of free basic service infrastructure and free basic co-ordination, the DA cannot support this Vote. [Applause.
Rev K R J MESHOE: Chairperson, the Empowerdex Service Delivery Index released a damning report on the state of the 231 municipalities for the six district municipalities and six metropolitan municipalities. According to media reports, in some municipalities, less than 20% of households were receiving basic services. Violent protests because of poor service delivery are far too frequent.
The ACDP believes taxpayers and citizens in general do not get value for the money they pay in rates and taxes. Even cities in the homelands and under Bantustan administrations were much cleaner than the filth we see today. Because local government is failing us dismally, the ACDP will not support this Budget Vote.
Mr S L TSENOLI: Chairperson, the ANC will obviously support this Budget Vote. Some of the criticisms that members are raising show that they were listening to the Minister properly during his presentation of the report. His frankness has bowled them over completely.
They are unable to deal with the reality that they have supported the turnaround strategy and that for that to happen government needs to have the money that this Budget provides. What sense does it make, therefore, to object to this programme The fact that they themselves have acknowledged this, goes a long way. It is a very frank assessment of the state of affairs; and it is a big, interesting programme to deal with the issues of local government?
The ANC supports it also because we recognise that the developments that we are dealing with are in no small measure because of the persistence of levels of poverty in our country and the fact that incapacity is partly attributable to that reality. We will not forget the reality that part of the problem is reversing the effects of the past.
The President has announced that his regular interaction with his Ministers is intended to provide support for the weaknesses we are identifying. The reality of programmes that are now emerging, and developing and the signing of outcomes-oriented government programmes are an indication of that commitment. There is no way, given the programme of the fourth Parliament and administration, that those will see the light of day in nine months.
We are obviously hoping that the commitment shown by Salga, the municipalities itself, provincial elements and others to deal with all the problems identified will not be questioned. We hope that members will support those activities to ensure a real turnaround so that people are served better and given quality services to boot. Thank you. [Applause.
AYES - 221: Abram, S; Adams, P E; Baloyi, M R; Bam-Mugwanya, V; Bhengu, N R; Bhengu, P; Bikani, F C; Bogopane-Zulu, H I; Booi, M S; Borman, G M; Boshigo, D F; Botha, Y R; Burgess, C V; Buthelezi, M G; Carrim, Y I; Cebekhulu, R N; Chauke, H P; Chikunga, L S; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S C; Diale, L N; Dikgacwi, M M; Dlakude, D E; Dlamini, B O; Dlamini-Zuma, N C; Dlodlo, A; Doidge, G Q M; Dubazana, Z S; Dube, M C; Dunjwa, M L; Fihla, N B; Fransman, M L; Frolick, C T; Gasebonwe, T M A; Gelderblom, J P; Gigaba, K M N; Gina, N; Godongwana, E; Gololo, C L; Gona, M F; Gumede, D M; Gungubele, M; Gxowa, N B; Hajaig, F; Hogan, B A; Huang, S-B; Jacobus, L; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kekana, C D; Kenye, T E; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Komphela, B M; Koornhof, G W; Kota-Fredericks, Z A; Kubayi, M T; Landers, L T; Lebenya-Ntanzi, S P; Lekgetho, G; Line, H; Lishivha, T E; Luyenge, Z; Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi, M N; Magwanishe, G; Mahlangu-Nkabinde, G L; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Makwetla, S P; Malgas, H H; Maluleka, H P; Maluleke, J M; Manamela, K B; Manana, M C; Mandela, Z M D; Manganye, J; Manuel, T A; Mapisa-Nqakula, N N; Martins, B A D; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mataboge, D K; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matshoba, J M; Maunye, M M; Mavunda, D W; Maziya, A M; Mbalula, F A; Mc Gluwa, J J; Mdakane, M R; Mdladlana, M M S; Mentor, M P; Mfeketo, N C; Mgabadeli, H C; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mnguni, P B; Mnisi, N A; Mohale, M C; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Morutoa, M R; Moss, L N; Motimele, M S; Motshekga, M A; Motshekga, M S; Mpontshane, A M; Msweli, H S; Mthethwa, E M; Mthethwa, E N; Mtshali, E; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabandaba, L B G; Ndabeni, S T; Ndebele, J S; Ndlovu, V B; Nelson, W J; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C; Nhanha, M A; Nhlengethwa, D G; Njikelana, S J; Njobe, M A A; Nkwinti, G E; Nonkonyana, M; November, N T; Ntapane, S Z; Ntshiqela, P; Ntuli, Z C; Nxesi, T W; Nyalungu, R E; Nyanda, M F; Nyekemba, E; Oliphant, G G; Oosthuizen, G C; Pandor, G N M; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pilusa-Mosoane, M E; Mlohele, P; Radebe, B A; Radebe, G S; Radebe, J T; Ramatlhodi, N A; Rantsolase, M A; Saal, G; Scheemann, G D; Segale-Diswai, M J; Selau, G J; Sexwale, T M G; Shiceka, S; Sibanyoni, J B; Sibhida, N N; Sithole, K P; Sithole, S C N; Sizani, P S; Skosana, J J; Smith, V G; Snell, G T; Sogoni, E M; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Thabethe, E; Thobejane, S G; Thomson, B; Tinto, B; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Tsotetsi, D R; Turok, B; Twala, N M; Vadi, I; Van der Merwe, S C; Van Rooyen, D D; Van Wyk, A; Xaba, P P; Yengeni, L E; Zikalala, C N Z; Zondi, K M; Zulu, B Z.
NOES - 61: Alberts, A D; Boinamo, G G; Bosman, L L; Coetzee, T W; Davidson, I O; De Freitas, M S F; De Lille, P; Doman, W P; Du Toit, N D; Dudley, C; Duncan, P C; Ellis, M J; Farrow, S B; Fritz, A T; George, D T; Greyling, L W; Groenewald, P J; James, W G; Kalyan, S V; Kloppers-Lourens, J C; Kohler-Barnard, D; Kopane, S P; Lamoela, H; Lee, T D; Lorimer, J R B; Lotriet, A; Louw, A; Lovemore, A T; Marais, E J; Masango, S J; Maynier, D J; Mazibuko, L D; Meshoe, K R J; Michael, N W A; Mokgalapa, S; More, E; Morgan, G R; Motau, S C; Mubu, K S; Mulder, C P; Ollis, I M; Rabie, P J; Rabotapi, M W; Robinson, D; Ross, D; Schmidt, H C; Selfe, J; Shinn, M R; Smiles, D C; Steyn, A; Steyn, A C; Swart, M; Swathe, M M; Trollip, R A P; Van Dalen, P; Van der Linde, J J; Van der Walt, D; Van Dyk, S M; Van Schalkwyk, H C; Waters, M; Wenger, M.
ABSTAIN - 1: MacKenzie, G D.
The HOUSE CHAIRPERSON (Mr K O Bapela): For future voting, we will request members to still press even though you cannot see whether you have voted or not. You must just press because your names will reflect on the results.
Mr M J ELLIS: Chairperson, it is not the TV screens that are looking blank. It is the faces of the ANC who don't understand the system.
The DEPUTY MINISTER OF POLICE: Chairperson, can we have manual counting. [Laughter.
The HOUSE CHAIRPERSON (Mr K O Bapela): If you are happy to stay here until late tonight, no problem!
Vote No 4 - Home Affairs - put.
Mrs C DUDLEY: Chair, hon Minister and hon members, the ACDP is very concerned about the condition of migrant women and children, especially in the border areas of Musina.
Despite promises, government appears not to have put any budget or programme in place to cope with these people. Migrant orphans are sometimes put in children's homes, but many are kept separate from South African school-going children for months while waiting for the Zimbabwean authorities to confirm their status, which can take years. There are also reports that sexual attacks on migrant women are increasing in these areas.
As Zimbabwean passports cost the equivalent of about R2 000 a passport, this is outside the reach of any average person, and thousands of desperate people in Zimbabwe will continue to cross the border at illegal crossing points, and without papers.
This is a pressing problem and we urge government to address it in a compassionate manner. Local residents say that these people are treated in a way that one would not want to treat animals. These are people like us - our neighbours.
The ACDP urges the Minister to focus urgent attention on these matters. The ACDP will however be supporting this Budget Vote. Thank you.
Mr J J MC GLUWA: Chairperson, while the ID supports this Vote, we would like to register our concern about the unanswered questions on the Who Am I Online forensic audit report as well as the smart card project.
The Department of Home Affairs received the forensic report of the investigation into corruption on these matters on 10 February 2009. South Africa wants to know what is going on, because there is ongoing confusion around these matters and it is our request that they are dealt with as a matter of urgency. Thank you.
Mr B A D MARTINS: Chairperson, I rise on behalf of the ANC to express confidence in the manner in which the Department of Home Affairs is addressing the challenges it faces. The issues raised with regard to the Who am I Online and the smart card project have been raised several times in our portfolio committee, and they are issues that the department is currently dealing with.
I also wish to express confidence in the manner in which the department is carrying out its mandate as the protector and as the department responsible for the integrity of citizenship in this country. The ANC supports Vote No 4. [Applause.
Vote No 5 - International Relations and Co-operation - put.
Rev K R J MESHOE: Chairperson, even though the ACDP will be supporting Vote No 5, we nevertheless wish to appeal to the Minister of International Relations and Co-operation to speak out and condemn the unending kidnappings and brutal rape of women and children in East Congo. The reports that are coming from that region are heartbreaking and shocking and demand the urgent attention of different governments, including our very own.
We further call on the hon Minister to use all available channels to prevail upon the African Union to do more to protect the most vulnerable women and children in East Congo. The ACDP will support this Vote. Thank you.
Mr T W NXESI: Chairperson, the ANC supports this Vote. Thank you. [Applause.
Vote No 6 - Public Works - put and agreed to.
Mr G G OLIPHANT: Chairperson, thank you very much. We stand here as the ANC to support Vote No 6 and we are happy that Cope has realised that they have to be part of this support. The Department of Public Works has made tremendous progress in addressing the key priorities of government and much more needs to be done.
We are satisfied that the internal capacity has improved drastically in the department, and therefore the issues that were raised by the Auditor-General are being addressed as well.
The implementation of our actual programme, the Expanded Public Works Programme, has all the ingredients for success and needs to be accelerated. Outstanding matters in the built environment also need serious engagement; this includes the registration and grading of contractors, specially emerging contractors; proper accreditation and experiential training for professionals, particularly in the engineering discipline; plus proper certification of building materials for good quality control. So the resources that have been allocated for public works will take us a long way in achieving all the issues that have been raised in the previous engagements. The ANC supports this Budget Vote, thank you very much.
Vote No 7 - Women, Children and People with Disabilities - put.
Mrs D ROBINSON: Chair, the DA cannot support this Budget Vote as we believe it's hopelessly underfunded for the enormous task of providing a special focus on the needs of vulnerable groups such as women, children and persons with disabilities.
In creating this Ministry, the size of the government has been increased but it is not increasing the level of service to those who most desperately needs it. The programmes for the vulnerable groups have been allocated a mere R7,1 million respectively, which constitutes 0,01% of the country's Budget. Persons with disabilities continue to be marginalised and reduced to the level of second-class citizens.
Our Constitution guarantees equal rights and opportunities for all people including those living with disabilities. To level the playing field special attention and funding are needed. The funds allocated to creating a new Ministry with all the trappings, could be allocated more successfully to the Department of Social Development, which actually provides the dedicated services needed. There is no need for duplication; expenditure needs to be efficient, effective and focused.
The creation of this Ministry was meant to signal a decisive change in the status of these vulnerable groups, but I fear it was simply a matter of expediency and window-dressing.
I call upon government for a change of heart. You need to put your money where your mouth is. The DA objects to this Budget Vote.
Mrs M A A NJOBE: Chairperson, Cope opposes the Vote for Women, Children and People with Disabilities. We do so with a very heavy heart as we believe very strongly that this department needs all the support it can get to advance the lot of women, children and people with disabilities.
Unfortunately, as everyone can see, this is not the case, if anything, the advent of this department has set back the strides which we were making in respect of gender parity and women issues.
This department is all cosmetic; it does not answer the needs of women, children and people with disabilities. Because we stand for the advancement of women, children and people with disabilities, we know that this department will be more of an impediment rather than providing assistance. We will not support this Vote for as long as it remains constituted the way it is. [Interjections.
Let me finish. Irrespective of the chicken with or without a head, according to the Chief Whip of the Majority Party, Cope will not support this Budget Vote. [Applause.
Mrs C DUDLEY: Thank you, Chair. We note the priorities outlined by the department in relation to improved performance monitoring and evaluation; improved access to rights and developmental opportunities for women, children, people with disabilities; and the department's focus on the protection of the rights of persons infected and affected by HIV/AIDS.
It is not clear, however, how existing priorities are specifically aimed at supporting and protecting family life.
Family life is critical for delivery on the rights of women, children and persons with disabilities. Strengthening your family structures is therefore an important element of successful delivery on the rights of persons in these vulnerable groups.
The ACDP believes that the people of South Africa would like to see more being done to prioritise this important aspect. There are approximately 18,3 million children living in South Africa; the allocated budget for the children's programme amounts to an expenditure of R2,65c per child in South Africa. This makes it an enormous challenge. Also, many doubt that figure and say it is much lower.
R7,1 million has also been allocated to meet the challenge of existing disability targets as well as for finalising the draft national disability policy.
The 2070 community survey indicates there are an estimated 1,9 million people living with a disability in South Africa; this constitutes approximately 4% of the total population - another enormous challenge.
In June 2009, the Minister referred to an immediate deliverable of the department being the establishment of the fund for women's empowerment, which is aimed at enabling them to start their own businesses and assisting NGOs in civil society in the undertaking of women's empowerment programmes.
The ACDP would like to know if this fund has, in fact, been established and what financial resources have or will be dedicated to it. Taking into account the limited financial support for the human resources capacity of the new department and the enormous scope of the mandate [Time expired.
Ms B THOMSON: Thank you, Chair. The ANC supports Vote No 7. However, as the ANC we declare that we are dissatisfied with the limited budgetary allocation to the Department of Women, Children and Persons living with Disability, as it results in limitations on the scope of programmes of the department. Notwithstanding these concerns, we acknowledged that this is not enough reason not to support the Budget Vote.
We also note that the department is new and requires significant support and increased resources for it to progress and deliver on its mandate. We, therefore, as the ANC support Vote No 7.
AYES - 225: Abram, S; Adams, P E; Alberts, A D; Baloyi, M R; Bam-Mugwanya, V; Bhengu, N R; Bhengu, P; Bikani, F C; Bogopane-Zulu, H I; Booi, M S; Borman, G M; Boshigo, D F; Botha, Y R; Burgess, C V; Buthelezi, M G; Carrim, Y I; Cebekhulu, R N; Chauke, H P; Chikunga, L S; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S C; De Lille, P; Diale, L N; Dikgacwi, M M; Dlakude , D E; Dlamini, B O; Dlamini-Zuma, N C; Dlodlo, A; Doidge, G Q M; Dubazana, Z S; Dube, M C; Dudley, C; Dunjwa, M L; Fihla, N B; Fransman, M L; Frolick, C T; Fubbs, J L; Gasebonwe, T M A; Gelderblom, J P; Gigaba, K M N; Gina, N; Godongwana, E; Gololo, C L; Gona, M F; Groenewald, P J; Gumede, D M; Gungubele, M; Gxowa, N B; Hajaig, F; Hogan, B A; Hoosen, M H; Huang, S-B; Jacobus, L; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kekana, C D; Kenye, T E; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Komphela, B M; Koornhof, G W; Kota-Fredericks, Z A; Kubayi, M T; Landers, L T; Lebenya-Ntanzi, S P; Lekgetho, G; Line, H; Lishivha, T E; Luyenge, Z; Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi, M N; Magwanishe, G; Mahlangu-Nkabinde, G L; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Makwetla, S P; Malgas, H H; Maluleka, H P; Maluleke, J M; Manamela, K B; Manana, M C; Mandela, Z M D; Manganye, J; Manuel, T A; Mapisa-Nqakula, N N; Martins, B A D; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mataboge, D K; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matshoba, J M; Maunye, M M; Mavunda, D W; Maziya, A M; Mbalula, F A; Mc Gluwa, J J; Mdakane, M R; Mdladlana, M M S; Mentor, M P; Meshoe, K R J; Mfeketo, N C; Mgabadeli, H C; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mohale, M C; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Morutoa, M R; Moss, L N; Motimele, M S; Motshekga, M A; Motshekga, M S; Mpontshane, A M; Msweli, H S; Mthethwa, E M; Mthethwa, E N; Mtshali, E; Mulder, C P; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabandaba, L B G; Ndabeni, S T; Ndebele, J S; Ndlovu, V B; Nel, A C; Nelson, W J; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C; Nhlengethwa, D G; Njikelana, S J; Nkwinti, G E; Nonkonyana, M; November, N T; Ntapane, S Z; Ntuli, Z C; Nxesi, T W; Nyalungu, R E; Nyanda, M F; Nyekemba, E; Oliphant, G G; Oosthuizen, G C; Pandor, G N M; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pilusa-Mosoane, M E; Radebe, B A; Radebe, G S; Radebe, J T; Ramatlhodi, N A; Rantsolase, M A; Saal, G; Scheemann, G D; Segale-Diswai, M J; Selau, G J; Sexwale, T M G; Shiceka, S; Sibanyoni, J B; Sibhida, N N; Sisulu, M V; Sithole, K P; Sithole, S C N; Sizani, P S; Skosana, J J; Smith, V G; Snell, G T; Sogoni, E M; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Thabethe, E; Thobejane, S G; Thomson, B; Tinto, B; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Tsotetsi, D R; Turok, B; Twala, N M; Vadi, I; Van der Merwe, S C; Van Rooyen, D D; Van Wyk, A; Xaba, P P; Yengeni, L E; Zondi, K M; Zulu, B Z.
NOES - 62: Boinamo, G G; Bosman, L L; Coetzee, T W; Davidson, I O; De Freitas, M S F; Doman, W P; Du Toit, N D; Duncan, P C; Ellis, M J; Farrow, S B; Fritz, A T; George, D T; James, W G; Kalyan, S V; Kloppers-Lourens, J C; Kohler-Barnard, D; Kopane, S P; Lamoela, H; Lee, T D; Lorimer, J R B; Lotriet, A; Louw, A; Lovemore, A T; MacKenzie, G D; Marais, E J; Marais, S J F; Masango, S J; Maynier, D J; Mazibuko, L D; Michael, N W A; Mnguni, P B; Mokgalapa, S; More, E; Morgan, G R; Motau, S C; Mubu, K S; Nhanha, M A; Njobe, M A A; Ntshiqela, P; Ollis, I M; Mbhele, P; Rabie, P J; Rabotapi, M W; Robinson, D; Ross, D; Schmidt, H C; Selfe, J; Shinn, M R; Smiles, D C; Steyn, A; Steyn, A C; Swart, M; Swathe, M M; Trollip, R A P; Van Dalen, P; Van der Linde, J J; Van der Walt, D; Van Dyk, S M; Van Schalkwyk, H C; Waters, M; Wenger, M; Zikalala, C N Z.
Vote No 8 - Government Communication and Information System - put and agreed to.
Vote No 9 - National Treasury - put and agreed to.
Vote No 10 - Public Enterprises - put.
Dr S M VAN DYK: Voorsitter, die DA is bly dat die begroting van die Departement van Openbare Ondernemings, ten opsigte van oordragte na openbare ondernemings, afgeneem het vanaf R2 miljard verlede jaar, na net R138 miljoen vanjaar.
Die DA is egter van mening dat te veel geld na openbare ondernemings oorgedra word. Baie van die openbare ondernemings soos SAL, Denel en Eskom kan nie finansieel van die grond af kom nie, en daarom het daar 'n spreekwoord onstaan wat na openbare ondernemings as "bakhandstaan ondernemings" verwys, omdat hulle van die belastingbetaler afhanklik is vir finansiële oorlewing.
Een van die groot redes vir hierdie swak prestasie is, eerstens, omdat die Departement van Openbare Ondernemings nie daarin slaag om die prestasies van openbare ondernemings behoorlik te monitor nie. Die tweede rede vir hierdie swak prestasie is omdat die departement nie daarin slaag om die staatsaandeelhouer bestuursfunksie suksesvol toe te pas nie. Dit plaas geweldige druk op die belastingbetaler.
Die DA sê al lankal dat sekere openbare ondernemings soos SAL geprivatiseer behoort te word om hulle ekonomies onafhanklik te maak. Minister Manuel, sekere openbare ondernemings soos Denel, wat reeds bankrot is, behoort gelikwideer te word. Ander openbare ondernemings soos, onder andere, die South African Forestry Company Ltd, Safcol, wat selfstandig kan bestaan, behoort verkoop te word.
Dit is onaanvaarbaar dat die departement nou die belastingbetaler gebruik om in te staan vir 'n funksie waarin hy faal, en dit is om die ekonomie deur openbare ondernemings te probeer bestuur. Daarom sal die DA teen hierdie begrotingspos stem. Dankie. (Translation of Afrikaans speech follows.
Dr S M VAN DYK: Chairperson, the DA is glad that the budget of the Department of Public Enterprises, in respect of transfers to public enterprises, decreased from R2 billion last year to a mere R138 million this year.
However, the DA is of the opinion that too much money is being transferred to public enterprises. Many of the public enterprises such as SAA, Denel and Eskom cannot get off the ground financially and, therefore, a saying has developed referring to public enterprises as "bakhandstaan ondernemings", as they are dependent on the taxpayer for financial survival.
One of the main reasons for this poor performance is, firstly, that the Department of Public Enterprises is unable to monitor the performance of public enterprises adequately. Secondly, this poor performance is also due to the department's failure to implement the state-owned management function successfully. This places enormous pressure on the taxpayer.
The DA has been saying for a long time that certain public enterprises, such as SAA, ought to be privatised in order to make them economically independent. Minister Manuel, certain public enterprises such as Denel, who is already bankrupt, ought to be liquidated. Other public enterprises such as the South African Forestry Company Ltd, Safcol, that can exist independently, ought to be sold.
It is unacceptable that the department now makes use of the taxpayer to take responsibility for a function in which he has failed, namely trying to manage the economy through public enterprises. Hence, the DA will not support this Budget Vote. Thank you.
Mr M A NHANHA: Hon Chairperson, I have decided to resign and go back to my backbench because the Chief Whip of the Majority Party has shot down my ambition of being the head of this party one day! [Laughter.] Besides, we are headless chickens. So, in protest, I have returned to my seat.
Through state-owned enterprises, SOEs, the Department of Public Enterprises is plagued by issues of mismanagement, negligence, corruption and ignorance, to name only a few. The Minister is trying to smooth-talk issues that are on the table when she should be taking the bull by the horns in addressing these pressing issues that continue to threaten the survival of our SOEs.
Our leaders, in essence, and unintentionally at times, advocate stealing from the poor to give big packages to elite officials at the expense of poor workers. This government shows it is soft on mismanagement and below-par performance by giving elite officials big packages for not performing or for leading SOEs to the brink of bankruptcy.
Every one of us should remember that the road to hell is paved with good intentions. South Africans are sick and tired of excuses for why SOEs are not performing and why money is just being thrown at them as though there is plenty where it comes from. However, Cope will support this Vote. I thank you. [Applause.
Adv A de W ALBERTS: Mr Chair, we would like to focus specifically on Eskom in this regard.
Weens Eskom se gebrek aan beplanning; die verhoging wat toegestaan is voordat die geïntegreerde energieplan gereed is; korrupsie en wanbestuur in Eskom; en die verraad van Suid-Afrikaners se verwagtinge vir energiesekuriteit, stem ons teen hierdie begrotingspos. Dankie. (Translation of Afrikaans paragraph follows.
[Owing to Eskom's lack of planning; the increase that was approved before the integrated energy plan was ready; corruption and mismanagement in Eskom; and the betrayal of South Africans' expectations for energy security, we do not support this Budget Vote.
Ms M P MENTOR: Hon Chairperson, the ANC supports the Budget Vote. Yesterday, the figures for the GDP for the quarter were released for the South African economy, and it stand at 4,6%. This surprised everybody. In fact, the Minister of Finance had projected this to be 2,7%.
This success is because of state-owned enterprises as the backbone of the economy. [Applause.] If they were not performing, we would not have realised the 4,6% growth, which is actually one of the highest for the quarter amongst the world's economies. [Applause.
A few days ago, the International Monetary Fund, IMF, commended the South African government for having handled the world economic recession very well and having led South Africans unscathed out of recession. The SOEs were again central to that success - Eskom in particular. Transnet and SAA, which are responsible for the energy that is so necessary for growth as well as transportation of people and goods, were at the centre of this success that the IMF was praising South Africa and South Africans for.
These two indicators show that the Department of Public Enterprises and South Africa, as well as SOEs themselves, are on track and are doing well.
I need to educate the opposition over and over again on three issues. You are not throwing money into SOEs when you do equity injection. When you own an asset, you have the responsibility and obligation to do equity injections into your own assets. The SOEs are assets owned by the South African public, and they are held in trust by the state. [Interjections.] [Time expired.] [Applause.
AYES - 222: Abram, S; Adams, P E; Baloyi, M R; Bam-Mugwanya, V; Bhengu, N R; Bhengu, P; Bikani, F C; Bogopane-Zulu, H I; Booi, M S; Borman, G M; Boshigo, D F; Botha, Y R; Burgess, C V; Buthelezi, M G; Carrim, Y I; Cebekhulu, R N; Chauke, H P; Chikunga, L S; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S C; De Lille, P; Diale, L N; Dlakude, D E; Dlamini, B O; Dlamini-Zuma, N C; Dlodlo, A; Doidge, G Q M; Dubazana, Z S; Dube, M C; Dudley, C; Dunjwa, M L; Fihla, N B; Fransman, M L; Frolick, C T; Fubbs, J L; Gasebonwe, T M A; Gelderblom, J P; Gigaba, K M N; Gina, N; Godongwana, E; Gololo, C L; Gona, M F; Gumede, D M; Gungubele, M; Gxowa, N B; Hajaig, F; Hogan, B A; Huang, S-B; Jacobus, L; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kekana, C D; Kenye, T E; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Komphela, B M; Koornhof, G W; Kota-Fredericks, Z A; Kubayi, M T; Landers, L T; Lebenya-Ntanzi, S P; Lekgetho, G; Line, H; Lishivha, T E; Luyenge, Z; Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi, M N; Magwanishe, G; Mahlangu-Nkabinde, G L; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Makwetla, S P; Malgas, H H; Maluleka, H P; Maluleke, J M; Manamela, K B; Manana, M C; Mandela, Z M D; Manganye, J; Manuel, T A; Mapisa-Nqakula, N N; Martins, B A D; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mataboge, D K; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matshoba, J M; Maunye, M M; Mavunda, D W; Maziya, A M; Mbalula, F A; Mdakane, M R; Mdladlana, M M S; Mentor, M P; Meshoe, K R J; Mfeketo, N C; Mgabadeli, H C; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mohale, M C; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Morutoa, M R; Moss, L N; Motimele, M S; Motshekga, M A; Motshekga, M S; Mpontshane, A M; Mthethwa, E M; Mthethwa, E N; Mtshali, E; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabandaba, L B G; Ndabeni, S T; Ndebele, J S; Ndlovu, V B; Nel, A C; Nelson, W J; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C; Nhanha, M A; Nhlengethwa, D G; Njikelana, S J; Njobe, M A A; Nkwinti, G E; Nonkonyana, M; November, N T; Ntapane, S Z; Ntshiqela, P; Ntuli, Z C; Nxesi, T W; Nyalungu, R E; Nyanda, M F; Nyekemba, E; Oliphant, G G; Oosthuizen, G C; Pandor, G N M; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pilusa-Mosoane, M E; Mbhele, P; Radebe, B A; Radebe, G S; Radebe, J T; Ramatlhodi, N A; Rantsolase, M A; Saal, G; Scheemann, G D; Segale-Diswai, M J; Selau, G J; Sexwale, T M G; Shiceka, S; Sibanyoni, J B; Sibhida, N N; Sisulu, M V; Sithole, K P; Sithole, S C N; Sizani, P S; Skosana, J J; Smith, V G; Snell, G T; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Thabethe, E; Thobejane, S G; Thomson, B; Tinto, B; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Tsotetsi, D R; Turok, B; Twala, N M; Vadi, I; Van der Merwe, S C; Van Rooyen, D D; Van Wyk, A; Xaba, P P; Yengeni, L E; Zikalala, C N Z; Zondi, K M; Zulu, B Z.
NOES - 58: Alberts, A D; Boinamo, G G; Bosman, L L; Coetzee, T W; Davidson, I O; De Freitas, M S F; Doman, W P; Du Toit, N D; Duncan, P C; Ellis, M J; Farrow, S B; Fritz, A T; George, D T; Groenewald, P J; James, W G; Kalyan, S V; Kloppers-Lourens, J C; Kohler-Barnard, D; Kopane, S P; Lamoela, H; Lee, T D; Lorimer, J R B; Lotriet, A; Louw, A; Lovemore, A T; Marais, E J; Marais, S J F; Masango, S J; Maynier, D J; Mazibuko, L D; Michael, N W A; Mokgalapa, S; More, E; Morgan, G R; Motau, S C; Mubu, K S; Mulder, C P; Ollis, I M; Rabie, P J; Rabotapi, M W; Robinson, D; Ross, D; Schmidt, H C; Selfe, J; Shinn, M R; Smiles, D C; Steyn, A; Steyn, A C; Swart, M; Swathe, M M; Trollip, R A P; Van Dalen, P; Van der Linde, J J; Van der Walt, D; Van Dyk, S M; Van Schalkwyk, H C; Waters, M; Wenger, M.
Vote No 11 - Public Service and Administration - put.
Dr H C VAN SCHALKWYK: Chairperson, the Public Service Commission, a Chapter 10 institution, has always had its own budget. However, this year, without any reason, its budget has been removed and it now falls directly under the department, as if it were one of its own programmes. The DA believes that this was a step in the wrong direction and that it could compromise the independence of the Public Service Commission.
This proud institution has a record of executing its responsibilities without fear or favour. This must be protected at all costs.
I must add that this morning, at a portfolio committee meeting, the Minister gave the assurance that this was only an interim arrangement, which will be revisited in the Medium-Term Budget in October.
At this stage, all I can say to the Minister is that seeing is believing. Therefore, at this stage, the DA cannot support the Budget Vote. I thank you. [Applause.
Mrs J C MOLOI-MOROPA: Chairperson, in support of the Budget Vote, the ANC will continue emphasising the significance of the Public Service Commission's existence as an important organ of oversight.
The Public Service Commission's Vote allocation was not correct in the past arrangement and is still not correct currently, so there is nothing new in this arrangement. This provides us with a good opportunity to correctly locate the Public Service Commission in a position that will assert its independency completely.
The process has already been started and will be concluded quite soon. The Minister, the presiding officers, and the committee, together with the Public Service Commission itself, have started the process of allocating this important organ to the correct structure. In the committee we have continued to engage objectively, constructively and openly on these matters.
Any other matter that comes before us will be confronted quite constructively. We therefore don't say that it was correct in the past or that it is correct now, but we are actually saying that this has provided an opportunity for us to deal with it correctly, and not for grandstanding politically. I thank you. [Applause.
Vote agreed to (Democratic Alliance dissenting).
Vote No 12 - Statistics South Africa - put and agreed to.
Vote No 13 - Arts and Culture - put.
Dr A LOTRIET: Chairperson, although the DA supports the Arts and Culture budget, it is important that notice is taken of the following matters.
The first issue concerns the situation of South African artists. It is a major reason for concern that the transfers to the National Arts Council have been reduced by R15 million in 2010-11. However, what makes it even worse is the reason for the cut in the budget. This is because of the council's large accumulated surpluses, mainly due to unallocated grants over a number of years. This is totally unacceptable.
A number of performing arts are literally on the verge of closing down. Emergency steps have to be taken by the performers themselves to save their arts. This is why the National Arts Council has not been able to allocate the funds available for this purpose.
Secondly, the Investing in Culture programme is a reason for concern. This programme has the aim of providing empowerment opportunities for unemployed people. However, the reality is that the department is underspending on this programme. Surely, this is not on the interest of the people who have to benefit from this programme. Therefore, it should be a main priority with proper utilisation of the allocated funds.
The priority should not be international trips on which there seems to be overspending. It is clear that the department has a challenge in terms of financial planning. In this regard, it has to be stated that although the efforts in trying to root out corruption in the department are commendable, the department will have to ensure that the financial challenges are addressed and that the suspension of officials does not impact negatively on service delivery.
The recent court ruling on language legislation that has to be complied with within two years, does have specific implications for the department and specifically also for the budget. Again, the language programme has the smallest allocation, which is not sufficient. In the light of the language ruling, provision will have to be made to cater for this process. This is also a matter which will have to be taken into account by different government departments in future, especially where there is direct service delivery to people. [Applause.
Muf T J TSHIVHASE: Mulangadzulo, ANC i khou tikedza hoyu mugaganyagwama nga mbilu yayo yoṱhe. Musi ro thetshelesa vha ḽihoro ḽikangi vha tshi khou ḓi ambela zwenezwo zwidayonyana zwavho zwi sa ri tshithu, ri tou zwi ḓivha zwauri pfunzo yo rangaho phanḓa vhana vhashu vha fhano Afurika Tshipembe, ndi ya uri hu vhe na mvelaphanḓa kha vhathu vhashu vha mahayani, zwihulwanesa ro sedza vhushai havho na zwibveledzwa zwavho.
Vha ḽihoro ḽa DA vha khou sokou ḓi ambela ngeno vha tshi tou zwi ḓivha zwavhuḓi zwauri zwithu zwoṱhe zwo vha zwi zwanḓani zwavho. Ndi lwa u tou thoma vhutshiloni ha vharema vha tshi vhonala-vho vha tshi vho kona u ḓiitela zwiṅwe zwithu. Hezwo zwithu zwi pfi mvelaphanḓa ngauri u rangani zwo vha zwi siho. Ho vha hu tshi sedzwa vhone vhe vhoṱhe nahone vha tshi tou nga ndi vhone vhathu vhe vhoṱhe.
ANC na riṋe vha Muhasho wa Vhutsila na Mvelele, ri ri kha i khidzhane i tshi ya phanḓa. Mvelaphanḓa i khou ṱoḓea vhathuni vha hashu u itela uri vha kone-vho u vha na zwine vha vhanḓa. Musi vhaendelamashango vha tshi ṱuwa, vha ṱuwa vho kukuṱa zwithu zwoṱhe vha tshi tou ḓiphina. Zwi ḓi nga na henei bola ine ya khou ḓa, vha ḓo vha vha tshi khou mvumvusiwa nga vhathu vha hashu lwa u tou thoma, ngauri hezwo zwithu zwo vha zwi si ho. Zwino ri khou pfa ri tshi ḓihudza vhukuma. ANC i khou tikedza hoyu mugaganyagwama nga nungo dzayo dzoṱhe. [U vhanda zwanḓa.] (Translation of Tshivenḓa speech follows.
Mrs T J TSHIVHASE: Mr Speaker, the ANC supports this Budget Vote wholeheartedly. Listening to the opposition party speaking about their useless bylaws, we know that the education that our children in South Africa are receiving is meant for the development of our rural communities, especially when we look at their poverty and their resources.
The DA is just talking knowing very well that everything was in their hands. It is for the first time in the history of black people that they are seen doing certain things by themselves. This is what is called development because it wasn't there before. The whole focus used to be on them alone as if they were the only people.
The ANC and us, the Department of Arts and Culture, say let us keep doing what we are doing. Development is needed in our communities to ensure that they can also have something for themselves. When tourists leave, they leave with many things and are happy. Even with the soccer tournament that is to be hosted, they will be entertained by our people for the first time, which has never happened before. We feel so proud now. The ANC fully supports this Budget Vote. [Applause.
Vote No 14 - Basic Education - put.
Dr J C KLOPPERS-LOURENS: Chairperson, the DA does not support the Budget Vote for the following reasons. Firstly, not enough emphasis has been placed on learners with special educational needs or the in-service training of and assistance to teachers to provide for mother tongue education for learners from Grade R to 6.
Secondly, not enough emphasis has been placed on the provision of a library and librarian for each school in our country. The amount required is R2,2 billion per year for a period of 10 years.
Thirdly, the DA is also concerned about the money that was allocated to the department for workbooks for Grades R to 6 when the adjustment appropriation was conducted in October 2009.
These books will no longer be published by publishing companies. The tender was cancelled in December 2009. It was announced at the recent portfolio committee meeting that these books are currently being developed by the department. How will the approved sum of R254 million be spent Will it be more of a cost-saving exercise Will it be done according to regional specifications Will there be a surplus We need answers?
Fourthly, money spent on teachers' salaries is wasted when those teachers do not attend schools due to union activities without the department taking action.
Finally, given the dismal state of education in our country, it is certain that there is not enough money in this budget for basic education; more money is required to meet the many neglected needs.
The DA provided for these needs in its alternative budget by adding an additional R1,4 billion to the amount appropriated. It is possible to put more money in education. If government's overall spending programme was more efficient [Time expired.
Ms F I CHOHAN: Chairperson, I assume that when we speak in this House, in particular, that everyone here is motivated by the desire to realise a successful and equitable education system. The portfolio committee is currently engaged in public hearings. And Chairperson, we have engaged South Africans from all walks of life, be it teachers, principals, experts or ordinary parents and learners.
Two things have become quite clear in our engagements. Firstly, everybody acknowledges that transformation of the education system is a process and not an event.
Secondly, teachers are central to the success of the education system. The clarion call to us as public representatives is to do everything we can to support these professionals when they go about their normal duties and their noble task. They are teachers but they are also social workers, psychologists and caregivers. The burden on teachers is incredible.
Therefore, as we are in this House, to sit here and say that we will vote against this budget, is really a disgrace. And I hope that the DA will not be going out to our schools and lying to our teachers that they support them because the truth of the matter is that they are voting against this budget.
The DA is saying government must not spend R80 million on new equipment and workshops for our technical schools to help teachers to teach the subjects that they offer. We must not spend R750 million on workbooks for the poorest of our schools. There is no person with integrity that cannot support this Budget Vote, and we do! Thank you. [Time expired.] [Applause.
The HOUSE CHAIRPERSON (Mr K O Bapela): I now call for the vote. Those in favour say "Aye".
Hon MEMBERS: Aye!
The HOUSE CHAIRPERSON (Mr K O Bapela): Are there any objections No objections; therefore the vote is agreed to. [Interjections.?
The HOUSE CHAIRPERSON (Mr K O Bapela): I did not hear the Noes.
Mr M J ELLIS: Mr Chairman, we said it very loudly; very loudly indeed. I now have to be little bit concerned about your hearing, sir. [Laughter.
The HOUSE CHAIRPERSON (Mr K O Bapela): Are you raising an objection?
Mr M J ELLIS: Mr Chairman, I want to do far more than that once you put it to the vote because certainly what the hon Chohan has said cannot go unquestioned. [Interjections.
The HOUSE CHAIRPERSON (Mr K O Bapela): I did not understand you. Should I put the question now?
Mr M J ELLIS: Mr Chairman, we would be remarkably glad and obliged to you, sir, if you would put the question now.
The HOUSE CHAIRPERSON (Mr K O Bapela): Ok, thank you very much. It is very clear now. Those in favour will say "Aye".
The HOUSE CHAIRPERSON (Mr K O Bapela): I think the Ayes have it.
Mr M J ELLIS: Mr Chairman, before you don't hear me, sir, I want to say very loudly indeed, the DA calls for a division.
AYES - 219: Abram, S; Adams, P E; Baloyi, M R; Bam-Mugwanya, V; Bhengu, N R; Bhengu, P; Bikani, F C; Bogopane-Zulu, H I; Booi, M S; Borman, G M; Boshigo, D F; Botha, Y R; Burgess, C V; Buthelezi, M G; Carrim, Y I; Cebekhulu, R N; Chauke, H P; Chikunga, L S; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S C; De Lille, P; Diale, L N; Dikgacwi, M M; Dlakude , D E; Dlamini, B O; Dlamini-Zuma, N C; Dlodlo, A; Doidge, G Q M; Dubazana, Z S; Dube, M C; Dudley, C; Dunjwa, M L; Fihla, N B; Fransman, M L; Frolick, C T; Gasebonwe, T M A; Gelderblom, J P; Gigaba, K M N; Gina, N; Godongwana, E; Gololo, C L; Gona, M F; Gumede, D M; Gungubele, M; Gxowa, N B; Hajaig, F; Hogan, B A; Hoosen, M H; Huang, S-B; Jacobus, L; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kekana, C D; Kenye, T E; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Komphela, B M; Koornhof, G W; Kota-Fredericks, Z A; Kubayi, M T; Landers, L T; Lebenya-Ntanzi, S P; Lekgetho, G; Line, H; Lishivha, T E; Luyenge, Z; Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi, M N; Magwanishe, G; Mahlangu-Nkabinde, G L; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Makwetla, S P; Malgas, H H; Maluleka, H P; Maluleke, J M; Manamela, K B; Manana, M C; Manganye, J; Manuel , T A; Mapisa-Nqakula, N N; Martins, B A D; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mataboge, D K; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matshoba, J M; Maunye, M M; Mavunda, D W; Maziya, A M; Mbalula, F A; Mc Gluwa, J J; Mdakane, M R; Mdladlana, M M S; Mentor, M P; Meshoe, K R J; Mfeketo, N C; Mgabadeli, H C; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mohale, M C; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Morutoa, M R; Moss, L N; Motimele, M S; Motshekga, M A; Motshekga, M S; Mpontshane, A M; Msweli, H S; Mthethwa, E M; Mthethwa, E N; Mtshali, E; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabandaba, L B G; Ndabeni, S T; Ndebele, J S; Ndlovu, V B; Nel, A C; Nelson, W J; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C; Nhlengethwa, D G; Njobe, M A A; Nkwinti, G E; November, N T; Ntapane, S Z; Ntshiqela, P; Ntuli, Z C; Nxesi, T W; Nyalungu, R E; Nyanda, M F; Nyekemba, E; Oliphant, G G; Oosthuizen, G C; Pandor, G N M; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pilusa-Mosoane, M E; Radebe, B A; Radebe, G S; Radebe, J T; Ramatlhodi, N A; Rantsolase, M A; Saal, G; Scheemann, G D; Segale-Diswai, M J; Selau, G J; Shiceka, S; Sibanyoni, J B; Sibhida, N N; Sisulu, M V; Sithole, K P; Sithole, S C N; Sizani, P S; Skosana, J J; Smith, V G; Snell, G T; Sogoni, E M; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Thabethe, E; Thobejane, S G; Thomson, B; Tinto, B; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshwete, P; Tsotetsi, D R; Turok, B; Twala, N M; Vadi, I; Van der Merwe, S C; Van Rooyen, D D; Van Wyk, A; Xaba, P P; Yengeni, L E; Zikalala, C N Z; Zondi, K M; Zulu, B Z.
NOES - 56: Alberts, A D; Boinamo, G G; Bosman, L L; Coetzee, T W; Davidson, I O; De Freitas, M S F; Doman, W P; Du Toit, N D; Duncan, P C; Ellis, M J; Farrow, S B; George, D T; Groenewald, P J; James, W G; Kalyan, S V; Kloppers-Lourens, J C; Kohler-Barnard, D; Kopane, S P; Lamoela, H; Lee, T D; Lorimer, J R B; Lotriet, A; Louw, A; Lovemore, A T; Marais, E J; Marais, S J F; Masango, S J; Maynier, D J; Mazibuko, L D; Michael, N W A; Mokgalapa, S; More, E; Motau, S C; Mubu, K S; Mulder, C P; Ollis, I M; Rabie, P J; Rabotapi, M W; Robinson, D; Ross, D; Schmidt, H C; Selfe, J; Shinn, M R; Smiles, D C; Steyn, A; Steyn, A C; Swart, M; Swathe, M M; Trollip, R A P; Van Dalen, P; Van der Linde, J J; Van der Walt, D; Van Dyk, S M; Van Schalkwyk, H C; Waters, M; Wenger, M.
Vote No 15 - Health - put.
Mr M WATERS: Chairperson, the DA has stated on previous occasions that we would give the Minister all our support in turning the Department of Health around. While the Minister has been making the right noises, it has failed to translate into any action.
As things are standing now, we fear they are getting worse. The nine provincial departments have overspent by an astonishing R12 billion this year, which is up from the past financial year. This is due to the chronic underfunding by the national government as well as a gross underestimation of actual health costs.
Another direct consequence of failed ANC policy is that of human resources. In 1994 and 1995 the ANC closed down many nursing colleges and thus reduced the number of nurses we were producing. It also continued to refuse the private sector permission to train doctors. The consequence of that is that we currently have a shortfall of 40 000 nurses and 12 500 doctors in the public sector. The department still has no comprehensive human resources plan.
Coupled with the chronic lack of staff and the ever-increasing burden of disease, health standards are declining in our public hospitals and nothing brings this home more than the deaths of newborn babies that have shocked the country. How can 180 babies die in one hospital in five months without the alarm bells ringing?
The fact that it took 180 babies to die before an investigation was initiated shows how cheap life has become under the ANC government. We are only one of 12 countries in the world where the child mortality rate is actually increasing.
If we had had the Office of Standards Compliance fully operational as is stipulated in the National Health Act of 2003, which is seven years old now, many of those many deaths would have been averted. Under the current circumstances the DA cannot possible support the Health Budget Vote. I thank you. [Applause.
Mr P B MNGUNI: Thanks, Deputy Speaker, concerns have been raised with regard to the readiness of the country's health sector to meet the challenges arising from the coming Soccer World Cup. A surgeon at Groote Schuur Hospital in Cape Town recently made a comment on the fact that the hospital was not ready. He said that they were not able to treat all the patients over a weekend in the current situation. This is without the influx of spectators expected for the World Cup.
Currently, Groote Schuur Hospital has a shortage of surgeons and its resuscitation area is unable to cope with the current demand. Many may argue that this was just an isolated case, but Groote Schuur Hospital is one of the leading hospitals in the Western Cape and in South Africa. One can be assured that it would not be an isolated case.
According to reports, a National Health Insurance system in South Africa would cost something in the area of R200 billion annually. That would roughly be equal to building a new stadium every week for 52 weeks a year forever. As much as national health insurance is a noble idea, its implementation is where the problem lies.
To give this kind of responsibility to a department that overspent its budget by R12 billion at a provincial level is irresponsible or risky. However, the manner in which the Minister is going about addressing the health concerns of the nation deserves support. Cope supports the Vote. I thank you.
Instead of the hopeful anticipation usually associated with the announcement of the annual Budget Speech, it is now met with anger. If so much money has been allocated to HIV, why do our pharmacies constantly run out of lifesaving ARVs Why are HIV babies going hungry because there is no baby formula in the clinics?
I would like the powers that be to justify why my hypertensive-diabetic patients have to go for months without HCTZ and aspirin. How can I be expected to offer emergency procedures like caesarean sections when the autoclave machine hasn't worked for months?
Of course these are just isolated incidents, but these and many more horror stories are becoming the norm in hospitals around the country.
The system is neither friendly to the people it is meant to serve nor to the health care workers operating it. It serves the larger part of the population, but is allocated a chunk of the budget that is inadequate for what it is attempting to achieve. The feeling amongst most healthcare workers is that we are being expected to perform miracles on scraps. We have a mammoth task to fight HIV and TB; as if that wasn't enough we have the growing battle of social issues like poverty, unemployment and alcohol abuse, which all come with their complications.
The ever-growing queues in our clinics and hospitals are a testament of how much sickness and disease are in our communities. Most doctors in the state sector do not mind the increased workload and have come to accept it as a normal part of their job. What they do mind is being expected to do the job under the most difficult conditions without being given proper tools.
The Department of Health dragged the wage negotiations on for months but failed to tackle core issues. They still cannot justify the lack in supply of standard equipment like latex gloves and syringes.
In view of these considerable concerns including the shocking mortality rate of women and children, especially babies, and government's continued commitment to aborting babies indiscriminately, the ACDP will not support this Budget Vote. I thank you.
Mr E M SULLIMAN: Deputy Speaker, the hon member of Cope mentioned the World Cup and I would like to use this opportunity to indicate that we, as South Africans, are very excited and, without a doubt, we are looking forward to it. The ANC wishes Bafana Bafana the very best and assure them of our support as they make us all proud of being South Africans.
Since we had the ability to organise and manage a successful World Cup, it will not be impossible for us to reverse the decades of oppression. The approach we are adopting now of establishing key deliverables in the Department of Health, would make it easier for us to monitor progress.
The Department of Health's 10-point plan includes, among other things, providing strategic leadership and the creation of a social compact for health outcomes; implementation of a National Health Insurance plan; improving quality of health services; human resources management; revitalisation of physical infrastructure and improving management; accelerated implementation of the HIV/Aids plan; and reduction of mortality due to co-infection.
South Africa enjoys a much bigger Health Budget than most developing countries, but we are faced with an increasing burden of diseases. That is a fact - and HIV/Aids is our greater challenge.
The majority of our people are still living in poverty. The policy on HIV treatment has been revised. They now provide ARV treatment to people with a CD4 count of less than 350, whereas previously it had to be less than 200.
For increased access to health care, a bold approach is needed. We need a more holistic approach, hence the need for National Health Insurance. The status quo cannot remain where 86% of our people do not have the privilege of medical aid. The ANC supports this Budget Vote. [Applause.
AYES - 217: Abram, S; Adams, P E; Baloyi, M R; Bam-Mugwanya, V; Bapela, K O; Bhengu , N R; Bhengu, P; Bikani, F C; Bogopane-Zulu, H I; Booi, M S; Borman, G M; Boshigo, D F; Botha, Y R; Burgess, C V; Buthelezi, M G; Carrim, Y I; Cebekhulu, R N; Chauke, H P; Chikunga, L S; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S C; De Lille, P; Diale, L N; Dikgacwi, M M; Dlakude , D E; Dlamini, B O; Dlamini-Zuma, N C; Dlodlo, A; Doidge, G Q M; Dubazana, Z S; Dube, M C; Dunjwa, M L; Fihla, N B; Fransman, M L; Frolick, C T; Gasebonwe, T M A; Gelderblom, J P; Gigaba, K M N; Gina, N; Godongwana, E; Gololo, C L; Gona, M F; Greyling, L W; Gumede, D M; Gxowa, N B; Hajaig, F; Hogan, B A; Hoosen, M H; Huang, S-B; Jacobus, L; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kekana, C D; Kenye, T E; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Koornhof, G W; Kota-Fredericks, Z A; Kubayi, M T; Landers, L T; Lebenya-Ntanzi, S P; Lekgetho, G; Line, H; Lishivha, T E; Luyenge, Z; Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi, M N; Magwanishe, G; Mahlangu-Nkabinde, G L; Makhubela-Mashele, L S; Makhubele, Z S; Makwetla, S P; Malgas, H H; Maluleka, H P; Maluleke, J M; Manamela, K B; Manana, M C; Mandela, Z M D; Manganye, J; Manuel, T A; Mapisa-Nqakula, N N; Martins, B A D; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mataboge, D K; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matshoba, J M; Maunye, M M; Mavunda, D W; Maziya, A M; Mbalula, F A; Mc Gluwa, J J; Mdakane, M R; Mdladlana, M M S; Mentor, M P; Mgabadeli, H C; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mohale, M C; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Morutoa, M R; Moss, L N; Motimele, M S; Motshekga, M A; Motshekga, M S; Mpontshane, A M; Msweli, H S; Mthethwa, E M; Mthethwa, E N; Mtshali, E; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabandaba, L B G; Ndabeni, S T; Ndebele, J S; Ndlovu, V B; Nel, A C; Nelson, W J; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C; Nhanha, M A; Nhlengethwa, D G; Njobe, M A A; Nkwinti, G E; November, N T; Ntapane, S Z; Ntuli, Z C; Nyalungu, R E; Nyanda, M F; Nyekemba, E; Oliphant, G G; Oosthuizen, G C; Pandor, G N M; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pilusa-Mosoane, M E; Radebe, B A; Radebe, G S; Radebe, J T; Ramatlhodi, N A; Rantsolase, M A; Saal, G; Scheemann, G D; Segale-Diswai, M J; Selau, G J; Sexwale, T M G; Shiceka, S; Sibanyoni, J B; Sibhida, N N; Sisulu, M V; Sithole, K P; Sithole, S C N; Sizani, P S; Skosana, J J; Smith, V G; Snell, G T; Sogoni, E M; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Thabethe, E; Thobejane, S G; Thomson, B; Tinto, B; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Tsotetsi, D R; Turok, B; Twala, N M; Vadi, I; Van der Merwe, S C; Van Rooyen, D D; Van Wyk, A; Xaba, P P; Yengeni, L E; Zikalala, C N Z; Zondi, K M; Zulu, B Z.
NOES - 59: Alberts, A D; Boinamo, G G; Bosman, L L; Coetzee, T W; Davidson, I O; De Freitas, M S F; Du Toit, N D; Dudley, C; Duncan, P C; Ellis, M J; Farrow, S B; Fritz, A T; George, D T; Groenewald, P J; James, W G; Kalyan, S V; Kloppers-Lourens, J C; Kohler-Barnard, D; Kopane, S P; Lamoela, H; Lee, T D; Lorimer, J R B; Lotriet, A; Louw, A; Lovemore, A T; Marais, E J; Marais, S J F; Masango, S J; Maynier, D J; Mazibuko, L D; Meshoe, K R J; Michael, N W A; Mokgalapa, S; More, E; Morgan, G R; Motau, S C; Mubu, K S; Mulder, C P; Ollis, I M; Rabie, P J; Rabotapi, M W; Robinson, D; Ross, D; Schmidt, H C; Selfe, J; Shinn, M R; Smiles, D C; Steyn, A; Steyn, A C; Swart, M; Swathe, M M; Trollip, R A P; Van Dalen, P; Van der Linde, J J; Van der Walt, D; Van Dyk, S M; Van Schalkwyk, H C; Waters, M; Wenger, M.
Vote No 16 - Higher Education and Training - put.
Dr W G JAMES: Deputy Speaker, the purpose of Budget Vote 16 is to support much-needed industrial skilling to grow the further education and training college sector and to increase both access to and quality of education at our 23 universities and 53 FET colleges.
The Sector Education and Training Authorities, Setas, are not financing or assembling programmes of skill acquisition and training on scale. Many are glaringly dysfunctional, and have been so for a very long time. The problem with the Setas is that they are not spending their money effectively. The FET sector colleges must grow their enrolment from a current 125 000 to 1 million students by 2016 to reach their potential.
The funding for growth on scale is simply not there. We have no difficulties at all with the funding going to universities.
It is for these reasons that the DA opposes the Budget Vote. It is an exercise in business as usual. We need real change and not fictional, paper transformation. Thank you. [Applause.
Mr M L FRANSMAN: Deputy Speaker, the ANC supports the Vote on Higher Education and Training. In fact, we support it because between the Departments of Higher Education and Training and Basic Education, this government, led by our President, is in fact putting at least 20% to 23% of the national fiscus into education.
We all know that more money can be given in terms of universities and colleges, etc, but the reality is that with the money that's there now, there is a balance between that and support for the Seta interventions. And we know there were problems with at least five of the Setas.
Therefore, as a committee, we indicated that that needs to be strengthened. [Interjections.] The Minister and the department are busy with that. We are also, for example, supporting the intervention in expansion, both on infrastructure development and also on the quality of interventions in the FET training environment.
Therefore, as the ANC, both in the committee and in the House here, we support it.
It is, in fact, a disgrace for the DA not to support investment in education in this particular case. Thank you. [Interjections.] [Applause.
AYES - 216: Abram, S; Adams, P E; Alberts, A D; Baloyi, M R; Bam-Mugwanya, V; Bapela, K O; Bhengu, N R; Bhengu, P; Bikani, F C; Bogopane-Zulu, H I; Booi, M S; Borman, G M; Boshigo, D F; Botha, Y R; Burgess, C V; Buthelezi, M G; Cebekhulu, R N; Chauke, H P; Chikunga, L S; Chohan, F I; Coleman, E M; Cronin, J P; Cwele, S C; De Lille, P; Diale, L N; Dlakude , D E; Dlamini, B O; Dlamini-Zuma, N C; Dlodlo, A; Doidge, G Q M; Dubazana, Z S; Dube, M C; Dudley, C; Dunjwa, M L; Fihla, N B; Fransman, M L; Frolick, C T; Gasebonwe, T M A; Gelderblom, J P; Gigaba, K M N; Gina, N; Godongwana, E; Gololo, C L; Gona, M F; Groenewald, P J; Gumede, D M; Gxowa, N B; Hajaig, F; Hogan, B A; Huang, S-B; Jacobus, L; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kekana, C D; Kenye, T E; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Komphela, B M; Koornhof, G W; Kota-Fredericks, Z A; Kubayi, M T; Landers, L T; Lekgetho, G; Line, H; Lishivha, T E; Luyenge, Z; Maake, J J; Mabasa, X; Mabedla, N R; Mabuza, M C; MacKenzie, G D; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi, M N; Magwanishe, G; Mahlangu-Nkabinde, G L; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Makwetla, S P; Malgas, H H; Maluleka, H P; Manamela, K B; Manana, M C; Mandela, Z M D; Manganye, J; Manuel, T A; Mapisa-Nqakula, N N; Martins, B A D; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mataboge, D K; Mathebe, D H; Mathebe, P M; Mathibela, N F; Matshoba, J M; Maunye, M M; Mavunda, D W; Maziya, A M; Mc Gluwa, J J; Mdakane, M R; Mdladlana, M M S; Mentor, M P; Meshoe, K R J; Mgabadeli, H C; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mnisi, N A; Mohale, M C; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Morutoa, M R; Moss, L N; Motimele, M S; Motshekga, M A; Motshekga, M S; Mpontshane, A M; Msweli, H S; Mthethwa, E M; Mthethwa, E N; Mtshali, E; Mulder, C P; Mushwana, F F; Muthambi, A F; Nchabeleng, M E; Ndabandaba, L B G; Ndabeni, S T; Ndebele, J S; Ndlovu, V B; Nelson, W J; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C; Nhlengethwa, D G; Njobe, M A A; Nkwinti, G E; November, N T; Ntapane, S Z; Ntuli, Z C; Nyalungu, R E; Nyanda, M F; Nyekemba, E; Oliphant, G G; Oosthuizen, G C; Pandor, G N M; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pilusa-Mosoane, M E; Radebe, B A; Radebe, G S; Radebe, J T; Ramatlhodi, N A; Rantsolase, M A; Saal, G; Scheemann, G D; Segale-Diswai, M J; Selau, G J; Sexwale, T M G; Shiceka, S; Sibanyoni, J B; Sibhida, N N; Sisulu, M V; Sithole, K P; Sithole, S C N; Sizani, P S; Skosana, J J; Smith, V G; Snell, G T; Sogoni, E M; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Thabethe, E; Thobejane, S G; Thomson, B; Tinto, B; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Tsotetsi, D R; Turok, B; Twala, N M; Vadi, I; Van der Merwe, S C; Van Rooyen, D D; Van Wyk, A; Xaba, P P; Yengeni, L E; Zikalala, C N Z; Zondi, K M; Zulu, B Z.
NOES - 53: Boinamo, G G; Bosman, L L; Coetzee, T W; Davidson, I O; De Freitas, M S F; Du Toit, N D; Duncan, P C; Ellis, M J; Farrow, S B; Fritz, A T; George, D T; James, W G; Kalyan, S V; Kloppers-Lourens, J C; Kohler-Barnard, D; Kopane, S P; Lamoela, H; Lee, T D; Lorimer, J R B; Lotriet, A; Louw, A; Lovemore, A T; Marais, E J; Marais, S J F; Masango, S J; Maynier, D J; Mazibuko, L D; Michael, N W A; Mokgalapa, S; More, E; Morgan, G R; Motau, S C; Mubu, K S; Ollis, I M; Rabie, P J; Rabotapi, M W; Robinson, D; Ross, D; Schmidt, H C; Selfe, J; Shinn, M R; Smiles, D C; Steyn, A; Steyn, A C; Swart, M; Swathe, M M; Van Dalen, P; Van der Linde, J J; Van der Walt, D; Van Dyk, S M; Van Schalkwyk, H C; Waters, M; Wenger, M.
Vote No 17 - Labour - put.
Mr A LOUW: Deputy Speaker, the DA will not support the Budget Vote for Labour this year because the director-general, Mr Jimmy Manyi, artificially created future expenditure to justify an additional R1 billion to the budget. The shortage of labour inspectors in all provinces is not adequately addressed in this budget. Currently, the inspectors are not adequately resourced to enable them to do their work.
The Compensation Fund does not deliver on its mandate of compensating injured workers. Instead, it admitted recently before the Standing Committee on Public Accounts, Scopa, that the Fund has been defrauded to the amount of R24,6 million in false claims.
A contract agreement between Siemens and the Department of Labour for the amount of R1,7 billion resulted in fruitless and wasteful expenditure.
The Portfolio Committee on Labour did an oversight visit in provinces last week, and we have seen that the poor do not benefit from the services in labour centres, especially with the Compensation and Unemployment Insurance Fund. Thank you.
Mr P D MBHELE: Madam Deputy Speaker, Cope is encouraged by some of the developments, but is concerned that government has not been able to stimulate the economy sufficiently to create better labour market conditions. Government knows the significance of job creation, but seems not to have the answers. Meanwhile, the unemployed are languishing in casual jobs or in a total state of despair.
This government has made extravagant promises, but its delivery on those has been minuscule. The suffering of the people must be brought to an end through an effective stimulation of the labour market.
The Department of Labour has admitted before Scopa that the Compensation Fund has been defrauded to the tune of R24,6 million in false claims. Much more remains unaccounted for in this financial year's statements. [Interjections.] Nevertheless, amidst this howling and hackling, Cope will support this Vote.
Mr V B NDLOVU: Deputy Speaker, the Department of Labour is facing the following challenges. The inspectorate has to be monitored properly; supervision has to be done in order to make sure that inspectors go everywhere where they need to go; and there should be communication between the employer and the employee on outstanding issues, especially where there are cases that are postponed by the employer at the expense of the employees.
There are good people in the department, but there are also those who do not care about their work. It is unacceptable that a person can return to the offices of the department more than three times, especially for CCMA cases, without getting proper results.
The service delivery of this department should be more orderly, and let's eliminate those people who are not suitable to do the job. Let's fire them. I am specifically referring to the UIF section where people are doing what they like. Those who are not prepared to work within this department should be replaced by people who care for other people, especially the unemployed. [Interjections.
Ngeke ningizwe phela uma nibanga umsindo. [You won't hear me if you continue making a noise.
Accountability, responsibility and enforcement of employees to account for every department and section that they lead should be key factors. Thank you.
Adv A de W ALBERTS: Weens die volgende kwessies, die strukturele diskriminasie teen blankes en informele diskriminasie teen bruinmense en Indiërs by wyse van regstellende aksie, asook die diskriminerende oriëntasie van die departement se direkteur-generaal, mnr Jimmy Manyi, teenoor blankes en minderhede, en sy weiering om afstand te doen van sy posisie by die Black Management Forum waardeur hy die lede van dié organisasie kan bevoordeel, vra ons dat mnr Manyi vervang word as direkteur-generaal en stem ons teen die begrotingpos. Dankie. (Translation of Afrikaans paragraph follows.
[Adv A de W ALBERTS: As a result of the following issues, the structural discrimination against whites and informal discrimination against coloured and Indian people by means of affirmative action, as well as the discriminative orientation of the director-general of the department, Mr Jimmy Manyi, against whites and minorities and his refusal to vacate his position at the Black Management Forum through which he can benefit the members of that organisation, we request that Mr Manyi be replaced as director-general and we do not support the Budget Vote. Thank you.
Mrs L E YENGENI: Deputy Speaker, The Portfolio Committee on Labour is aware of all the challenges that the Department of Labour is facing. We are in the process of addressing those problems. This includes the members who stood up and did not want to support the budget. They are fully aware of all these problems, and the department has agreed that it is in the process of addressing most of them.
In its manifesto, the ANC promises all the citizens of our country - in particular workers - that it will deal with the problems of labour-broking and prohibition of abusive practices. That was not an empty promise. [Interjections.] This budget is going to fulfil those promises. Thank you. [Applause.
Mrs T M JOEMAT-PETTERSON: Madam Deputy Speaker, on a point of order: I would just like the hon member to explain who the "bruinmense" [brown people] are.
I believe that it's extremely racist and that it should be withdrawn. [Interjections.] It was the hon member Alberts from the FF Plus. Thank you.
Adv A de W ALBERTS: Minister, daar is mense in Suid-Afrika wat hulself so noem, en ek aanvaar dit ook so. Ek ken persoonlik sulke mense.
Party mense noem hulself kleurlinge en dan is daar mense wat hulself Suid-Afrikaners noem. Maar daar is al hierdie tipes in Suid-Afrika, en ek weet dat daar teen daardie spesifieke groep mense ook gediskrimineer word.
As u 'n beter benaming het, dan sal ek dit gebruik. Ek wil nie minagting teenoor u of enige mense in die Parlement of in Suid-Afrika toon nie. As u enige beter benamings het om 'n groep mense te omskryf, sal ek dit waardeer. Baie dankie. (Translation of Afrikaans paragraphs follows.
Adv A de W ALBERTS: Minister, there are people in South Africa who call themselves this and therefore I accept that this is how it is. I personally know such people.
Some people call themselves coloured and then there are people who call themselves South Africans. But there are all these people of this description in South Africa and I am aware that this specific group of people are also discriminated against.
If you have a more suitable term, then I will use that. I do not want to disrespect you or any person in Parliament or in South Africa. If you have a more suitable term to describe a group of people, I would appreciate it. Thank you.
The DEPUTY SPEAKER: Okay, I am not going to allow a dialogue here. I'm sure that there can be an explanation later.
Vote agreed to (Democratic Alliance and Freedom Front Plus dissenting).
VOTE 18 - Social Development - put.
Mrs Y R BOTHA: Madam Deputy Speaker, the ANC supports Vote 18. The budget of R95,9 billion aims to protect the vulnerable by creating an enabling environment for the provision of services that are comprehensive, integrated and sustainable. The bulk of this budget goes to Programme 2, which deals with social security. Social security remains a crucial tool in terms of impacting positively on the lives of families living below the poverty line.
The extension of the child support grant to children up to the age of 18 years remains one of the greatest milestones of this department and government. The continued improvement of the service will clearly enhance its efficiency in reaching out to those who need it most.
Social development is key to the development of social cohesion in our communities. It does this by developing policies that impact on social crimes and therefore protects the rights of victims that are affected by these crimes, as well as to prevent these crimes.
Gender-based violence and substance abuse are still too prevalent in our communities. The cohesion of families needs to be attended to so that we can see an improvement in the stability of community life. Thank you. [Applause.
Vote 19 - Sport and Recreation - put.
Mr T D LEE: Adjunkspeaker, in die jaar wat Suid-Afrika die grootste sportskouspel ter wêreld aanbied, is dit baie teleurstellend dat die Departement van Sport en Rekreasie 'n gekwalifiseerde verslag van die Ouditeur-generaal kry.
Dit het gebeur omdat daar mense aangestel is wat nie die mas kon opkom nie en nou moet ons die wrange vrugte pluk. Die slagoffers in die proses is die jeug wie se talent verlore gaan. (Translation of Afrikaans paragraphs follows.
Mr T D LEE: Deputy Speaker, it is very disappointing that, in the year that South Africa hosts the biggest sporting spectacle in the world, the Department of Sport and Recreation received a qualified report from the Auditor-General.
It happened because the people who were appointed were not up to the task and now we have to bear the brunt. The victims in this process are the youth whose talents are being lost.
Then there is Boxing SA, which has been a disaster since its inception some years ago. It again received a qualified Auditor-General's report this year.
In 2007, the Minister called them, and I quote, "a nuisance" and last year the Minister labelled them the Achilles heel of our work. But Boxing SA is still a bottomless pit into which state resources are poured without any meaningful returns.
It is for this and many other reasons that the DA has introduced a Private Members' Bill to disestablish Boxing SA. South Africa is a nation of sports lovers. As citizens, we all deserve more from our sporting institutions. I hope that the department takes these criticisms to heart and has the courage and political will to make the necessary policy changes.
The DA will not support this Budget Vote. I thank you. [Applause.
Mr G P D MACKENZIE: Madam Deputy Speaker, with the minimal resources allocated to this budget, we cannot reach our goals and objectives of social cohesion, transformation, nation-building and creating a healthy and winning nation.
The three goals of the department, namely mass participation, sports development and high performance also cannot be effectively achieved with the reduced budget.
School sports has been downgraded as a priority, as the budget has been slashed from R35 million to R22 million. Sixty-six of our sports federations received a total of R27,62 million, yet Lovelife received R28,693 million. Clearly, our priorities are not correct.
As a committee, we agree that school sport, rural sport and development were the key areas of focus. But this budget does not reflect this position. Transformation has been pushed into the background.
We need to create opportunities for the disadvantaged throughout our country. Cope will shortly be forwarding a far-reaching proposal to help address these critical issues. We believe that this proposal will go some way in tackling these vexing issues. We wish the department well and every success in trying to reach the set priority areas.
Cope will not support this Budget Vote. Thank you. [Applause.
Rev K R J MESHOE: Deputy Speaker, I want to use this opportunity to wish our national team, Bafana Bafana, all the courage and confidence. They will need it to hold their own against Mexico, which is currently placed 17th on the Fifa world rankings. The sterling performance and entertaining football they played against Bulgaria should inspire them to cause a major upset in their first game.
The ACDP supports the Bafana Bafana coach, Carlos Alberto Parreira, and the entire team, and also this Vote. Thank you. [Applause.
Mr B M KOMPHELA: Madam Deputy Speaker, the ANC supports Vote 19 - Sports and Recreation. The social cohesion the nation is building through sports this year is at its highest peak, and it would never change again as from this year.
The issue of the Auditor-General's qualification on Sports and Recreation is not a qualification. I want to tell the DA that those were matters of emphasis, which, if the department did not adhere to it or deal with certain things, would have resulted in a qualification. It was not a qualification. I think hon Lee will learn a bit more when we are at the portfolio committee level.
On the issue of Lovelife, Lovelife is an international agreement. The R28 million that is given to Sport and Recreation is an international agreement. National Treasury sends that money to Sport and Recreation, which in turn takes the money and gives it to Lovelife.
But central to that is the fact that issues of HIV and Aids, through the awareness of sport, are more easily recognised, and they could be easily profiled when they are situated within Sport and Recreation. Therefore, it is correct that that programme of Lovelife should be with Sport and Recreation to assist our children to be conscious of HIV and Aids and all other challenges that face them.
The issue of less money for sports at schools is not correct. The baseline for Sport and Recreation in 2009 and 2010 was R22 million. After the adjustment, it went up to R35 million. So it is not correct to say to this House that the money has been reduced when the baseline for 2010-11 is R23 million.
An adjustment will therefore come and then it is going to be moving it up. Therefore, the ANC confidently supports this Budget Vote unequivocally. It is correct for all of us to support this Budget Vote. Thank you. [Applause.
The DEPUTY SPEAKER: Order, we know that members may not leave the House until the results have been declared!
DEPUTY MINISTER OF SPORT AND RECREATION: Madam Deputy Speaker, on a point of order: Just for the record, we have now completed voting, but in the Budget Vote, both the DA and Cope expressed their support, it's on Hansard. So, some forces changed their minds from then till now. Thank you.
Vote No 20 - Correctional Services - put.
Mr J SELFE: Deputy Speaker, we would like to welcome the newly-appointed National Commissioner for Correctional Services. We hope that his appointment and that of the new Chief Financial Officer will improve the situation in the department.
We say this because all is not well in the department. The department has had six successive qualified audits, and the national commissioner is the third incumbent in this post in the last two years. As a result of that there has been a massive leadership vacuum.
Partly because of this, this budget is not aligned with the aims and objectives of the White Paper on Corrections, five years after that White Paper's adoption by the ANC government.
The department is plagued by instances of corruption that lead to prisoners escaping, as recently occurred in Durban Westville, and to the unhealthy influence of prison gangs.
Every oversight visit to prisons we undertake exposes managers who cannot manage, staff vacancies that are not filled, maintenance work that is incomplete, expensive security equipment that is not working and inmates who are not productive.
Five years ago government promised eight new prisons. Only one has been built in Kimberly, but it was delivered 18 months late and commissioned without telephones or IT equipment.
Under these circumstances, we cannot support the Budget Vote. [Applause.
Mr V G SMITH: Madam Deputy Speaker, the ANC supports the Budget Vote. I think that the hon Selfe and others should support the budget, because unless you support the budget and make an undertaking to monitor and oversee on a greater basis, we cannot do the things that you are talking about, Mr Selfe.
Those things are only achievable - and we agree with you that there have been shortcomings - if we all support the budget. They are only achievable if you and I and everybody else, in supporting the budget, monitor what is being spent through the budget.
The Minister and everybody else agree with us that there are shortcomings. What we need is for this whole House to support the budget and for the whole House to be there to assist in this difficult task. We support the Budget Vote. [Applause.
Mr D J MAYNIER: Deputy Speaker, the Minister of Defence and Military Veterans, Lindiwe Sisulu, took command of the defence department a year ago. Since then the Minister has notched up some significant achievements, not least the deployment of the Defence Force to safeguard the landward and maritime borders of our country.
However, these achievements have been overshadowed by the secretisation, or perhaps more correctly, the resecretisation of virtually all matters relating to the Defence Force. This has had the effect of building up suspicion, breaking down trust and effectively insulating the Defence Force from any proper scrutiny and oversight by Parliament. The fact is that the Minister is fast turning the Defence Force into a state within a state.
I am sure that most hon members are familiar with Senator Owen Horwoord, the less than hon Minister of Finance during the information scandal, who signed payment cheques without looking at them or checking on the purpose of the expenditure.
The fact is that if this Parliament supports the defence budget, then Parliament is in danger of doing a collective Owen Horwoord: effectively signing a cheque for R3,7 billion, made out to the defence department without really knowing on what or to what effect the money is being spent.
This we will not and cannot do. The DA will therefore not support the Defence and Military Veterans budget for the 2010-11 financial year. I thank you. [Applause.
The DEPUTY SPEAKER: Hon member, did you forget to add "hon" to Lindiwe Sisulu or was it deliberate?
Mr D J MAYNIER: Deputy Speaker, I addressed the hon Lindiwe Sisulu as "the Minister of Defence and Military Veterans, Lindiwe Sisulu". [Interjections.
The DEPUTY SPEAKER: I did not hear it like that and therefore I asked. You said, "Minister of Defence and Military Veterans, Lindiwe Sisulu". Are you all responding on his behalf?
Mr V B NDLOVU: Deputy Speaker, a challenge facing this department is the involvement of young people in service training. It is important that provinces and all the different stakeholders should be involved in recruiting young people to ensure that these people are attending the service training.
The IFP supports this action because we believe that it will not be used politically for the propaganda machinery, especially for people who are known to you.
Co-operation and working together with labour unions is of paramount importance and if they are recognised, they should work together. If they are not recognised, they should not be given a platform to work together. It must be quite clear. They must draw a line.
The IFP awaits the amendments of the Defence Amendment Bill in order to ensure that the trade unions within the department are curtailed because there are so many of them with powers that they are not supposed to have. Thank you.
Mnr P J GROENEWALD: Adjunkspeaker, ek wil net vir die agb Maynier sê dat Owen Horwood presies geweet het wat hy geteken het. Hy het net gelieg toe hy gesê het dat hy nie geweet het nie.
Ek is bly baie lede van die Kabinet is vanmiddag hier. Die Kabinet gee opdragte aan die SA Nasionale Weermag. Hulle verwag van die SANW om 'n sekere mandaat uit te voer, maar die Kabinet gee nie die geld daarvoor nie. Wat tans in die weermag gebeur is dat die hoofde nou geld van hul operasionele begrotings neem om die salarisse van die soldate te betaal.
As jy die operasionele gelde begin aanwend daarvoor, dan is jou gevegsgereedheid besig om tot niet te gaan. Daar is nie eers genoeg geld om ammunisie aan te koop om die Material Safety Data Sheet, MSDS, program opleiding te gee in skietwerk nie. Daar is nie eers genoeg geld dat die vliëniers van die Suid-Afrikaanse Lugmag in die nag operasioneel kan wees nie.
Ons moet besluit of ons 'n weermag wil hê of nie. As u as 'n Kabinet besluit dat u 'n weermag wil hê, moet u toesien dat die geld daar is. Die VF Plus wil dit ook op rekord stel dat daar nou nie eers genoeg geld is om die bestaande weermag aan die gang te hou nie; daar sal nog minder geld wees om 'n nasionale dienspligstelsel aan die gang te hou.
Ons kan nie werk skep in die weermag nie. Die weermag is 'n professionele, konstitusionele instelling wat die integriteit van die land moet beskerm. Dit hang van u af. Ten spyte van die tekort aan geld, sal die VF Plus steeds die begrotingspos ondersteun. Ek dank u. (Translation of Afrikaans speech follows.
Mr P J GROENEWALD: Deputy Speaker, I just want to tell the hon Maynier that Owen Horwood knew exactly what he was signing. He was simply lying when he said that he did not know.
I am glad that many Cabinet members are present here this afternoon. Cabinet issues instructions to the SA National Defence Force. Cabinet expects the SANDF to fulfil a particular mandate, but fails to provide the necessary funds. What currently happens in the Defence Force is that those in charge take funds out of their operational budgets to pay soldiers' wages.
Once you start using operational funds for that purpose, your battle preparedness goes downhill. There is not even enough money to buy ammunition for marksmanship training in respect of the Material Safety Data Sheet, MSDS, programme. There is not even enough money to allow South African Airforce pilots to be operational at night.
We have to decide whether we want a defence force or not. If you as Cabinet decide that you want a defence force, you must see to it that the money is available. The FF Plus also wishes to place it on record that at present there is not even enough money to keep the existing Defence Force going; there will be even less money to maintain a system based on compulsory military service.
We cannot generate employment in the Defence Force. The Defence Force is a professional, constitutional institution mandated to protect the integrity of the country. It is up to you. Despite the financial shortfall, the FF Plus supports the Budget Vote. Thank you.
Mr M S BOOI: Deputy Speaker, I really want to clarify this matter. If you say that the DA will not support this Budget Vote, clearly you should then ask yourself how much pride you take in your country. How do you reflect on the issues of national security?
We are dealing here with national security. We are not dealing here with issues of people who are social workers. We keep on emphasising all the time that if you don't want to understand the issues of confidentiality within the SA National Defence Force, SANDF, then you must accept the fact that these are not National Intelligent Agency, NIA, workers.
These are men who are highly trained and are supposed to defend the sovereignty of South Africa.
At no stage did the Minister say that she will never avail you of any information that you are looking for. She has always said to Parliament to sit down and to speak to its own Chief Whip to sit in the Joint Rules Committee and define what confidentiality in Parliament is.
Don't make sweeping statements here. You know for a fact that within the rules of Parliament, there is no definition of confidentially, when it comes to dealing with the lives of soldiers. It is a sweeping statement that you are making. It is not informed at all. We will continue to try and lecture you in the committee. The ANC will definitely support this Vote. Thank you. [Applause.
Vote No 22 - Independent Complaints Directorate - put.
Mr M A NHANHA: Madam Deputy Speaker, as Cope we can only hope that this Vote will not be sub judice according to the words of hon Mbalula. Section 205(3) of the Constitution states that the Police Service's job is to prevent, combat and investigate crime; maintain public order; protect and secure the inhabitants of the Republic and their property; and to uphold and enforce the law.
The statistics, on the other hand, reveal that over the past six years the following has happened: 112 982 people were murdered; 132 398 people survived murder attempts; 403 791 sexual offences were committed; 1 368 301 assaults with grievous bodily harm were committed; 746 435 robberies with aggravating circumstances were committed; and 81 761 car hijackings took place.
On average, 100 000 South Africans experience some form of serious crime every month. Even hon President Jacob Zuma publicly acknowledged that serious crime is a problem in South Africa. At a time when the country is in serious economic difficulties...
Unfortunately, Madam Deputy Speaker, we cannot support this Vote. [Time expired.
Rev K R J MESHOE: Deputy Speaker, the ACDP welcomes the newly appointed Executive Director of the ICD, Mr Francois Beukman. The ACDP also trusts that, under his leadership and guidance, the efficiency of the ICD and the turnaround time for the finalisation of investigations into corrupt and abusive police officers will be greatly improved.
The ACDP will support the increased Budget Vote No 22 - Independent Complaints Directorate. Thank you. [Applause.
Ms L N MOSS: Madam Deputy Speaker, I think it is important to mention that the ICD is Vote No 22. I think Cope's declaration is misplaced; it is for Vote No 24 and not No 22. [Interjections.
The mandate of the ICD is to investigate any misconduct or offences committed by SAPS, or municipal police services, not the crime statistics you were telling us about. Sorry, sir, we welcome the ACDP comment. The ANC will support the Budget Vote. It's misplaced. Thank you. [Applause.
Prof B TUROK (ANC): Madam Chair, on a point of order: It seems the House cannot have a division because Cope is having its own division outside. [Laughter.
THE DEPUTY SPEAKER: I'm sure we are all comfortable about sleeping here!
Vote No 23 - Justice and Constitutional Development - put.
Mrs N W A MICHAEL: Madam Deputy Speaker, the DA cannot support the R2,4 billion in this Vote which is being allocated to the National Prosecuting Authority, NPA. The National Director of Public Prosecutions Advocate Simelane's strategic plan did not match the Estimates of National Expenditure or of that of the Appropriation Bill. For example, R81 million is specifically allocated to the Asset Forfeiture Unit, which Advocate Simelane attempted to shut down. And an amount of R481 million was allocated to co-operative services, which he has decided to move to Justice without the permission of hon Minister Radebe.
We welcome the hon Minister Radebe's attempt to reverse the changes of the Director of Public Prosecutions, but he was simply ignored by Advocate Simelane. We welcome the hon President Zuma's more successful instruction to stop all proposed changes. However, deferring any restructuring until the Ministerial cluster has resolved how they will implement their performance agreements and mandate is unsatisfactory and remains dangerous.
Advocate Simelane should have been called back and told by the justice committee that we would not vote in favour of the budget unless he formally undertook to stop restructuring, shutting down units and demoting prosecutors.
We are deeply concerned about the trends at the NPA, including, amongst other things, that the NDPP seems to make unilateral decisions and that not even hon Minister Radebe is aware of this.
The DA would want to see, for example, Advocate Gerry Nel's salary paid. However, we need to register our protest at the fact that he and his team were taken off a case like that of defeating the ends of justice against the former crime intelligence head, Mr Mulangi Mphego, resulting in the case being thrown out.
Our objection is specifically against the R2,4 billion for the NPA. However, due to the intertwined nature of the departments, we have no choice but to voice our dissatisfaction in the strongest way by voting against the budget as a whole. [Applause.
Mr M A NHANHA: Deputy Speaker, I'm sure I have this one right this time around! [Laughter.] We need to ensure that life is valued again. In the recent past, life has become cheap. People are being killed left, right and centre for no apparent reason. It is the judiciary's responsibility to uphold the law and to make certain that we can again be proud of what we have achieved.
In assisting the judiciary in performing their important task, we need to ensure that it's independent. This is of the utmost importance because it would seem as if one can get away with anything these days if one is well-connected.
We hope that the new proposed Bills will go a long way in ensuring the independence of the judiciary, but only time will tell. There is still a big problem with access to the courts of our country. Ordinary South Africans are finding it hard to get justice.
What is happening at the NPA is cause for grave discomfort. Cope will support this Vote. Thank you.
Mr N A RAMATLHODI: Madam Deputy Speaker, the ANC supports Vote No 23. We do so informed by an understanding that the principle of separation of powers is the inimitable cornerstone of our constitutional democracy.
Whilst the legislature, the executive and the judiciary are independent of each other, they constitute three legs of one pot, making them interdependent organs of one body. We therefore support the submissions of strategic plans to the legislature, not for approval by us, but in order to empower us to know what the budgets are financing so that we can exercise effective oversight.
In exercising this oversight, the legislature will be well advised not to descend into the arena of policy implementation and operations as this resorts in the exclusive domain of the executive. For instance, as the legislature sitting here, we cannot reconstitute ourselves as the high court of Parliament as happened previously. Otherwise we will be usurping the power of the judiciary.
Similarly, in exercising its oversight role within this legislature, the Standing Committee on Public Accounts, Scopa, has to do so having consulted with the relevant departments; otherwise Scopa's actions would constitute encroachments onto the functions of other committees. The ANC supports the Budget Vote. Thank you. [Applause.
Vote No 24 - Police - put.
Ms D KOHLER-BARNARD: Deputy Speaker, there is just one phrase that keeps on coming to mind as the group of SAPS personnel came in to present before the Police Portfolio Committee: "Show me the money".
Certainly the Minister has dodged my questions in relation to expenditure after expenditure, such as the party held in Bloemfontein. Certainly no one is telling which programmes these millions came from. Who knows which programme is being used as a slush fund?
There are about 50 or more citizens who are murdered here daily, coupled with an increase in violence that shocks the nation. Yet the Minister has seen it fit to quietly drop the target, according to which our Police Service should decrease violent crime, to just 4% to 7%. So, the target has been dropped, yet, the money asked for is up to R53 billion, which boils down to a 3% target decrease in exchange for a 13% budget increase.
We have watched the Minister and his deputy squandering R7,1 million on bling and 5-star hotels - and that is just what we have uncovered to date. On top of that, the Minister has gone against those sages at the outset of our democracy, who determined that this protection entity should be a service rather than a force of the apartheid era. Indeed, he is now pretending as if he is running an army, although we already have one.
While there is a crisis of crime, millions and millions, which could have been used for building and renovating police stations, simply can't be accounted for. Imagine any corporation allowing this sort of report on finances that SAPS property management attempted to fob us off with a fortnight ago; heads would roll!
Patently, the Minister has no idea of what is going on, and certainly not in property management.
R7 million report from the head of the SAPS legal services division, and this Minister is choosing to use taxpayer's money as though it were his own.
The SAPS has been galvanised by the Football World Cup, but whether or not we are going to see the same dedication when August comes, is anyone's guess.
To be voting for this Bill, would suggest that the DA supports the Ministry's intention to spend in the same unwise, unaccountable manner. There is no indication that they will do otherwise. Therefore we cannot support this Budget Vote. I thank you. [Applause.
Mr M A NHANHA: Deputy Speaker, just for the record, it was not misplaced but I was just overenthusiastic to do my work. That is why I came in a few Votes ahead of everyone! [Laughter.
Let me not bore this House. I have read the declaration before and suffice it to say, with good conscience, that Cope is not going to support this Vote.
Rev K R J MESHOE: Deputy Speaker, with the kick-off to the Fifa Soccer World Cup only 15 days away, the ACDP does not want the police to worry about budgetary constraints. We want them to leave no stone unturned in ensuring that criminals have no place to hide and that all our visitors and spectators from all over the world are going to feel safe in our beautiful country.
Therefore, the ACDP will support this Budget Vote in order to give those committed and disciplined police officers encouragement to ensure that the World Cup games will be incident-free and that the accommodation and transportation of all the players and officials will go according to plan. I thank you. [Applause.
Mnu V B NDLOVU: Iphini likaSomlomo, ngiyaxolisa ukukumemeza, bekungafanele ngikumemeze, okokuqala thina njengeNkatha Yenkululeko, sithi, laba bantu abafuna umsebenzi kufanele bahlungwe kahle ukuze izigebengu zingangeni kulo msebenzi. Ngoba isigebengu esisodwa senza ukuthi amaphoyisa abukeke eyizigebengi wonke. Kanti akhona asebenza ngokuzimisela, asebenza kanzima aze afele emsebenzini. Izigebengu zimbalwa nje. Ngakho-ke izigebengu asibhekane nazo ngqo.
Okwesibili, mhlonishwa, Phini likaSomlomo, besithi bekungakuhle ukuthi uma umuntu kutholakele ukuthi kukhona akwenzile-unecala, kufanele ukuthi ayohlala ekhaya kubo. Ahlale kubo kunesikhathi esibekiwe ukuthi uzohlala isikhathi esingakanani. Angalokhu ehola imali kahulumeni ebeqethuka evuka ngo 10h00, alale ngo 18h00. Ngoba lokho kwenza ukuthi imali kahulumeni engenzi lutho kanti umsebenzi ukhona, futhi abanye abantu bayawudinga umsebenzi.
Ngakho-ke izinyathelo kufanele zisheshe kakhulu futhi ziphumelele. Amaphoyisa lawo agcwele ubugebengu mhlonishwa, Phini likaSomlomo, ngihlale ngisho zonke izinsuku, awagxoshwe emaphoyiseni. Ngoba ngeke sibe nezigebengu ezingamaphoyisa, ngoba iphoyisa uma lingqongqoza kwami kufanele ngithembe. Uma kungqongqosha iphoyisa eliyisigebengu, ngeke ngithembe.
Okukugcina, ngihlale ngisho ukuthi amaphoyisa kufanele siwahlunge siwenze ukuthi angabi kwezombusazwe, angasebenzisi futhi ezombusazwe, angalekeleli umbusazwe othuli phezu kweminye. Kufanele asebenze ngokuzimisela njengamaphoyisa ukugada wonke umuntu ezweni. Awayeke ukuhlukumeza abantu abangenacala. Awabambe izigebengu okufanele azibambe, Nyambose! (Translation of isiZulu speech follows.
Mr V B NDLOVU: Deputy Speaker, pardon me for shouting at you - I was not supposed to shout at you. Firstly we, as the IFP, are saying that these people who are applying for this job must be thoroughly scrutinised so that people with criminal intentions cannot access this sector as one such person can incriminate the whole Police Service. There are police officers who are very committed to their work and even lose their lives in the line of duty. There are very few criminal elements in the Police Service. Therefore let us face criminals directly.
Secondly, Deputy Speaker, if someone is alleged to have committed a crime, we propose that they be suspended. Their suspension should not be indefinite, to prevent them from earning the state's money whilst lying on their backs doing nothing - waking up at 10h00 and going to bed at 18h00. Because that would be wasting the state's money on someone who is doing nothing whilst there is work that is supposed to be done and there are people who need that job.
Therefore, there are steps that need to be taken quickly and they need to be successful. The criminal elements within the Police Service should be fired- I mention this every day, Deputy Speaker. We cannot afford to have police officers who are criminals, because if a police officer knocks at my door I must trust him. But if it is a criminal police officer who is knocking at my door, I cannot trust him.
Lastly, I always say that we should scrutinise police officers and ensure that they are apolitical, that they do not use political means to gain something and that they also not assist any political party in any way. As police officers they should commit themselves to looking after everyone in this country. And they must refrain from harassing innocent people. They must catch criminals as they are supposed to, Nyambose!
Mr P J GROENEWALD: Deputy Speaker, I always wanted to ask the Minister what he said to the AWB leaders. I know some of those people and they are not easy to handle. When I saw them on television they were so mesmerised. So, I don't know what the hon Minister told them. I don't know whether it was Mthethwa magic or something like that. [Laughter.
FF Plus is not mesmerised. The public of South Africa should have trust in the police.
Ek is jammer om vir die agb Minister te sê dat ek steeds gereeld oorval word deur mense wat klagtes het waar hulle net eenvoudig deur polisiebeamptes, kan ek amper sê, op 'n rassistiese wyse hanteer word. Hierdie is mense wie klagtes wil gaan lê en vir wie die polisie nie bereid is om 'n klagstaat te open nie. Die polisie is nie bereid om hul verklarings te neem nie. [Tussenwerpsels.
Ja, dis 'n goeie vraag. Hoekom nie Enige burger van Suid-Afrika het die reg om na 'n polisiekantoor te gaan en 'n klag te gaan lê wat die polisie moet ondersoek?
Agb Minister, dit is vir my onaanvaarbaar dat 'n lid van die publiek by 'n polisiekantoor opdaag en sien dat die polisieman agter die toonbank 'n man is wie hom 'n paar weke tevore wou beroof. Ek moes eers 'n vraag aan u in die Parlement vra: hoekom is daardie man nog aan diens Ek praat spesifiek van die geval by die Boskop-polisiekantoor?
Hy is nou verwyder nadat ek die vraag gevra het, maar dit mag nie gebeur nie. U is op rekord waar u sê dat u die polisie wil reinig van korrupsie. (Translation of Afrikaans paragraphs follows.
[I am sorry to have to tell the hon Minister that I am still regularly being swamped by people who have complaints where, I can almost say, police officers simply treat them in a racist manner. These are people who want to lay a charge, but for whom the police are not prepared to open a charge sheet. The police are not prepared to take their statements. [Interjections.
Yes, that is a good question. Why not Any citizen of South Africa has the right to go to a police station to lay a charge that the police must investigate?
Hon Minister, I find it unacceptable that a member of the public should arrive at a police station to find that the police officer behind the counter is a man who had wanted to rob him a few weeks earlier. I had to ask you a question in Parliament first: why is that man still on duty?
I am talking specifically about the case of the Boskop Police Station.
He has now been removed after I had asked the question, but it must not be allowed to happen. You are on record as saying that you want to rid the police of corruption.
Hon Minister, we support you in that. We can see that you are trying to put an effort to rid the police of corruption, but we need more. The public still does not trust the police; neither does the FF Plus and we will, therefore, not support the Vote.
Mrs L S CHIKUNGA: Deputy Speaker, the ANC will definitely support this Budget Vote. It is important to inform the House that the Minister of Police spent 94% of the Ministry's budget during the 2008-09 financial year.
About 94% is well within the acceptable standards of budget spending. What is true though is that the hon Kohler-Barnard simply dislikes the Minister as a person. [Applause.
This dislike is compounded by the fact that the Minister's department is investigating irregularities in the ICT unit of SAPS. Its director, passionately liked by hon Kohler-Barnard, is being investigated for irregularities and her husband, who was a deputy director, reporting to the wife, was removed. [Interjections.] [Applause.
While this could have been characterised as nepotism, including corruption, it did not earn the Minister appreciation, but instead he was attacked. The investigation by international experts of the forensic science laboratory will definitely exacerbate the attacks on the hon Minister, because, again, it is likely to unearth many untold stories about some who are liked by the hon member.
The fact-finding investigations on who is providing services in SAPS, which the Minister is initiating, will earn him other names because it will most likely unearth other untold stories by the member. I thank you. [Applause.
The HOUSE CHAIRPERSON (Mr K O Bapela): We will not ring the bells because we assume everyone is in the House.
Dr C P MULDER: Chairperson, I rise on a point of order. I would like to suggest that you cannot rule that we should not ring the bells, even if it is just for 30 seconds. I think that is not in accordance with the Rules. Maybe a member went out for a second and needs to be informed that we are going to vote. I thank you.
The HOUSE CHAIRPERSON (Mr K O Bapela): Ok, let's ring the bells for 30 seconds, if possible. The technology has given me one minute. Right, now it is able to do 30 seconds.
Mr M J ELLIS: Chairperson, just while the bells are still ringing, could I just ask you about certain points made by the member who spoke on behalf of the ANC in the Police Budget Vote. Some of the things she said may have been very important, but I am not sure if they were all parliamentary.
I could not quite understand what she was saying. I want to ask you, sir, if I can get a copy of the Hansard tomorrow, and if necessary, raise the matter in the House with you tomorrow.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon member, you will definitely get the Hansard.
Vote No 25 - Agriculture Forestry and Fisheries - put.
Dr L L BOSMAN: Chairperson, the DA is disappointed that the agricultural sector was severely neglected and grossly underfunded after being allocated only 0,4% of the total Budget. The Department of Agriculture, Forestry and Fisheries' budget is further not used for effective service delivery. It is clear that the current human resources, ICT capacity and budget are not adequate to deliver the required level of management and services.
The DA believes that the following issues are critical for food security. Taking into account the importance of research for the sector, it is clear that the Agricultural Research Council is grossly underfunded and that many posts are currently vacant. About R300 million is needed annually to address this constraint.
Onderstepoort Biological Products renders a world-class service to the livestock industry, but has to survive without any budgetary support from government.
The Perishable Products Export Control Board, PPECB, is in charge of monitoring our borders for the import and export of unwanted products, but is not supported financially by government to effectively execute this important function.
Proper management of natural disasters is of critical importance for long-term sustainability of the sector. The allocated budget for this purpose is also insufficient.
Rural safety and stock theft is completely out of control. Farmers lost R366 million to stock theft in the 2008-09 financial year. This demonstrates the size of the problem.
Daar is 'n behoefte aan 'n landbouhandelsbeleid wat beter na Suid-Afrika se belange sal omsien. Die aangekondigde invoertarief op koring is onvoldoende en gaan tot 'n verdere afname in koringproduksie, en gevolglik 'n toename in invoere met gepaardgaande werkverlies en verdere terugslae vir landelike ontwikkeling, bydra.
Die beweerde wanbestuur binne Mariene en Kusbestuur word klaarblyklik onder die mat gevee. Die vissery departement sal dringend alle aspekte van die bedryf moet aanspreek. (Translation of Afrikaans paragraphs follows.
There is a need for an agricultural trade policy that will take better care of South Africa's interests. The announced import tariff on grain is insufficient and will contribute to a further drop in grain production, and subsequently to higher imports accompanied by job losses and further setbacks to rural development.
The alleged mismanagement within Marine and Coastal Management is evidently being swept under the carpet. The fisheries section of the department must urgently address all aspects of the industry.
An example of wasteful expenditure is the R600 million which was spent on patrol vessels and the disastrous deployment which followed it.
The DA will not support this Vote.
Mrs M A A NJOBE: Chairperson, while Cope will support the Budget Vote, we would like the Minister to note the following concerns.
From being a food-exporting country, South Africa has now become a net importer of food. From being a major employer, agriculture has been shedding jobs.
Agriculture is one of the most sensitive topics across racial groups in this nation, but proper engagement is necessary to achieve equity and stability. A great deal needs to be done to revitalise agriculture.
The Minister stated that: We no longer want to call people emerging farmers.
After 16 years of democracy, Cope agrees that by now we ought to have had skilled farmers ready to make South Africa a food-secure nation. More importantly, we need South Africa to be a country where food is affordable and accessible.
Why has the skills development programme fallen short Why is knowledge transfer not taking place Why have 90% of the farms transferred via the land restitution process collapsed?
At a time when joblessness and hunger are acute problems, this department has a lot to answer for. It may not necessarily be this Minister's failure, but, nonetheless, it is her department which is failing South Africa.
Human resource development programmes must be strengthened and food production capacity must be expanded, as should jobs within this sector. The Minister is right in stating that jobs, food security and sustainable livelihoods must be the ultimate aims of this year.
As I have already said, Cope will, however, support this Budget Vote.
Mr M JOHNSON: Chairperson, this is one area among the many that does not need any political gamesmanship at all. Food must be produced and everybody must agree with that fact. The ANC and the committee on agriculture, forestry and fisheries are in synch with the Budget Vote of the Department of Agriculture, Forestry and Fisheries.
South Africa needs food that is safe and sufficient to feed its own people. This budget enjoins us to do just that and more.
We are mindful of the fact that 0,4% of the total R9 007 billion is not enough to cover all the programmes required to have safe and secure food in our country. As spelt out in the 2003 declaration of the African Union summit at Maputo, all member countries had to increase their agriculture budgets to no less than 10% of their total budgets by 2008. We as the ANC, however, are confident that, with little, we can do more towards the eradication of poverty.
To do so, we are aware that, among other things, our programmes would need to address stock theft, tariff reduction and subsidies. These are the sore points in the field of agriculture. The ANC, regardless of all those inconveniences, supports Budget Vote 25, and its implementation under the able leadership of Comrade Tina Joemat-Pettersson. Amandla! [Power!
Hon MEMBERS: Awethu! [Applause.
Vote No 26 - Communications - put.
Mr M A NHANHA: Chairperson, Cope welcomes the decision by the SABC Board to withdraw the appointment of Mr Phil Molefe, who is a known sympathiser of the ANC. We, therefore, congratulate the SABC Board for taking this bold step.
Not enough has been done to champion broadband access to the people of South Africa. Hon Minister, we insist that your department take up this matter very seriously, so that all of our people can have access to the knowledge highway. This is vital in pursuing a people-centred and development-oriented paradigm. We must empower the people to empower themselves. This department should create a new infrastructure highway. Cope would want to urge the Minister to make a move in this regard. Cope will not support this Vote. Thank you.
Mr S E KHOLWANE: Chairperson, the ANC will support this Vote. I must say, it is clear that the hon member does not understand what he is talking about. If you care about the people of South Africa, you must agree with this budget because in order to roll out the broadband, you will need a spectrum, which is currently trapped somewhere.
The process of digital migration is going to assist us to release the spectrum, which is so much needed for social and economic development.
I will urge the member that, in future, he must attend committee meetings. I know Cope agreed with us in the committee and during the Budget debate. I hoped this time their head was still intact, but now the head has been surgically removed. Maybe this is the reason why they cannot remember what they have supported all along. The ANC supports the Vote. [Applause.
Vote agreed to (Congress of the People dissenting).
Dr C P MULDER: Chairperson, on a point of order I understand that our colleague from Cope is a new member; however, it's the second Vote now where the hon member has indicated that they objected and would not support the Vote. Still, they did not object and they did not ask for a division. [Laughter.] I would suggest that the Chairperson assist the hon member in order to facilitate the proceedings. Thank you.
The HOUSE CHAIRPERSON (Mr K O Bapela): Are you assisting the hon member Hon member, have you been doing that exactly; it is true?
Mr M A NHANHA: I've just raised my hand, Chairperson, to register our objection.
The HOUSE CHAIRPERSON (Mr K O Bapela): You should stand up, go to the microphone and then say: "On behalf of the party I want my objection to be noted or recorded." So is it recorded Thanks, your objection is recorded, but the Vote is agreed to?
An HON MEMBER: Chairperson, is it parliamentary to conduct induction in the House [Laughter.?
The HOUSE CHAIRPERSON (Mr K O Bapela): We did inductions at the beginning of the Fourth Parliament! [Interjections.
An HON MEMBER: That party is leaderless now.
The HOUSE CHAIRPERSON (Mr K O Bapela): But let's proceed with the work.
Vote No 27 - Economic Development - put.
Dr P J RABIE: Chairperson, the DA is concerned about the number of Ministries created by the fourth Parliament. Apart from the escalation in costs with regard to the already overburdened fiscus, there are substantial overlaps and duplications between the functions of Finance, the National Planning Commission, Trade and Industry, and Economic Development.
Up to now, the Department of Economic Development has achieved nothing of value except to fund a bureaucracy which became necessary to appease a faction within the ruling party. Current legislation is very clear that the functions to be performed by the Department of Economic Development are adequately covered by the National Treasury and the Department of Trade and Industry.
All the establishment of this department has achieved is the intensification of the present turf war amongst the numerous departments. This has resulted in conflicting signals to investors and the market. If it's left unchecked, it will further undermine the ability of our economy to grow and provide decent work.
Therefore, the DA does not support this Budget Vote, and we recommend the closure of this department. Thank you. [Applause.
Mrs E M COLEMAN: Chairperson, the ANC supports Vote No 27. The DA's call for a division on this Vote is countered by the ANC because it is premised upon wrong assumptions and a misunderstanding of what the aims of this Vote are.
Irrespective of continual and numerous explanations by the Minister, the President and the cluster itself, it seems that the DA is not ready to accept what the President has come up with - unless it came from them; that's the only time they will accept that there needs to be change.
The aim of this particular department is to address the critical gaps in the implementation of economic development strategies and plans within the three spheres of government and the private sector because that co-ordination is needed.
Problems related to inconsistencies and a lack of a common strategic view in respect of the interface between macro and micro economic plans across the key stakeholders in society have been identified by economists as having detrimental effects on implementation, and ultimately on the overall economic development of the country.
The Department of Economic Development is a critical capacity in building a developmental state. It is capable of fostering integrated development planning and interfaces the macro and micro economic policies; guides effective implementation; and promotes continuous monitoring and evaluation. So, this is very necessary for our economy to grow. Thank you. [Time expired.
Vote No 28 - Energy - put.
Mr S C MOTAU: Chairperson, the DA has welcomed the establishment of the new Department of Energy under Minister Dipuo Peters. The DA has long called for a stand-alone Ministry. We believe that this will facilitate progress and the ability to meet set targets.
However, during the Portfolio Committee on Energy's interaction with the department's budget and strategic plan for the next three years, we expressed certain reservations that the department has promised to address. Amongst them were issues identified by the department that have retarded progress towards the goal to reach the targeted one million solar water heaters in households by 2014.
The Minister has said that this target will be met. The DA will be watching its progress, or the lack thereof, like a hawk. In this regard, I would like to alert the Minister that we are aware of the fact that the target date has somehow shifted from 2013 to 2014, making the five-year term a moving target. This deadline cannot be moved if the demand-side management targets are to be met.
The department has also committed itself to establishing a buying office, an independent sales and marketing office, to break Eskom's monopolistic hold on the buying and selling of electricity in the country and to facilitate the participation of independent power producers in the electricity generation arena. This office should as quickly as possible move out of Eskom, as the Ministry has assured us it would.
The process to produce the Integrated Resource Plan 2, IRP2, seems to be turning sour. The Minister should be aware that we are getting worrying reports that Eskom is hijacking the process for its own narrow interests. This should be stopped as it will negatively impact on the credibility of the report.
This process has not been put in place for the interests of Eskom but for the country's energy security over the next 20 years. We dare not fluff this process through procedural failures. The DA has already made the point that the department's budget is quite stretched, and we welcome the commitment by senior managers to doing more with less. Thus, we support the Budget Vote. [Time expired.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon member Poho, before you speak - and this is nothing personal against you - part of our duties as presiding officers is to protect the decorum of this House. The way you are dressed today is not dignified and honourable like all other hon members are. [Applause.
In future, when you come to the House, take into consideration its decorum and the respect it deserves in the nation and amongst hon members here. You may proceed with your debate.
Mr P D MBHELE: Chairperson, the last time I checked, it was acceptable to wear a traditional shirt. I don't know if that has changed.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon member, it's obviously open to interpretation. I don't see tradition, although you say you are traditional. Let's be decent and be respectful to the decorum of the House and that's it. Let's not argue about whether you are traditional today or not.
The DEPUTY MINISTER OF POLICE: Chairperson, is it acceptable to wear an overall in the House?
The HOUSE CHAIRPERSON (Mr K O Bapela): I have addressed the matter. But in future people must know that powers are there to throw you out of the House to go and dress appropriately.
I'm not applying those powers now. I am reminding members to respect the decorum of the House and be decent. You may proceed, hon member.
Mr P D MBHELE: Chairperson, the recent electricity hikes that were imposed on consumers will have far reaching effects and the brunt of this burden will be felt by the poor and the middle class.
Increasingly more people will not be able to afford electricity. For years, corporations paid less for the electricity than it cost to generate it. Now ordinary people must carry the cost.
The issue of Hitachi and Chancellor House has been raised many times in Parliament, but the ruling party is still putting profit before ethical conduct. Cope is also dismayed that only R36 million has been set aside for renewable energy when that is the path to the future.
This department is not earnest about achieving its target of generating 10 000 GWh of electricity from renewable sources by 2013. For these reasons, Cope will not support the Budget Vote.
Mr L W GREYLING: Chairperson, I have decided to discard colonial traditions, and, therefore, I'm not wearing a tie. Hopefully, you will not kick me out. The ID is forced to rise in objection to the Budget Vote on Energy. We do this because we believe that this department should be taking the lead in setting a progressive agenda for our energy future over the next 20 years.
Instead, what we have witnessed is that the capacity of this department has not been adequately built and it is woefully understaffed. Key priorities like energy efficiency, which should be one of our greatest national priorities, is being driven by a National Energy Efficiency Agency, NEEA, with a staff component of only two people and no money to drive the actual programmes.
The much-needed integrated energy plan, which the department is supposed to have drawn up in terms of the National Energy Act, is also way behind schedule as there was previously no budget allocated to set up the modelling capacity in the department.
Instead, the department is trying to fast-track a second integrated resource plan for the country with very little time being given for public consultation or proper modelling of all the different parameters as stipulated in the National Energy Act.
We cannot develop a plan for our energy future over the next 20 years in such a manner. It is for this reason that the ID feels compelled to object to this Budget Vote until such time as we feel confident that the Department of Energy is sufficiently empowered and committed to developing energy plans and policies that are truly in the best interest of all South Africans. I thank you.
Mrs E THABETHE: Chairperson, I agree with some of the issues raised by members in terms of underfunding for the department. With regard to the Integrated Resource Plan 1, IRP1, the department briefed us. They apologised to the committee for not informing us on time.
The Integrated Resource Plan 2, IRP2, was supposed to be discussed by the committee in June, but due to the World Cup it has been changed to July. Hon Greyling wrote a letter to me to which I responded and said that we were waiting to put that on the committee's programme. I am sure that he likes to grandstand in any way.
If we are serious about renewable energy in terms of the challenges of climate change, we would support this Budget Vote. We believe that what is in the strategic plan talks exactly to what he is raising. As members, we were able to engage the department. We stated our disagreements with them. At the end of the day, we said that we will do our oversight work and make sure that they deliver according to the strategic plan.
In this regard, as a country we are forced to deal with renewable energy. With this budget we believe that they will try to do what they can. It was said in the committee that they will try to do more with the little money that they have. This is a new department; we need to give them space.
With regard to what the President has mentioned about the Independent Power Projects, IPPs, they are going to deal with that. We hope that we will be able to take them forward and do oversight work on whether or not they have done so. The energy that members have is good, but we must be able to exercise it in the right way. We support the Budget Vote. [Applause.
Vote agreed to (Congress of the People and Independent Democrats dissenting).
Vote No 29 - Environmental Affairs - put and agreed to.
Vote No 30 - Human Settlements - put and agreed to.
Vote No 31 - Mineral Resources - put.
Adv H C SCHMIDT: Chairperson, proceedings at the public hearings of the Portfolio Committee on Mining this morning illustrate exactly why the DA cannot support the budget. The ANC Youth League, represented by Julius Malema, pleaded for the nationalisation of the mining sector.
He furthermore, on behalf of the ANC Youth League - and, by the way, the ANC as well - indicated that this issue had been discussed at the level of the National Executive Committee of the ANC and that a workshop had been held to facilitate the implementation of this process of nationalisation.
Maybe the ANC should indicate to us what's coming. The causes of these extreme and displaced arguments are clear. They emanate from a failure by government to ensure that the Department of Mineral Resources effectively monitors and ensures compliance with the various laws and policies adopted by Parliament.
The failure by the department to ensure implementation of the BEE requirements, affirmative action, the social labour plans required by the Mineral and Petroleum Resources Development Act, and compliance with the Mine Health and Safety Act, has led to a failure of government policy. This, apparently, is also the view of the Portfolio Committee on Mineral Resources which seems to have upheld it; hence the so-called need for supporting the state-owned mining company and the nationalisation of the mines.
It is therefore imperative that the department implements these decisions contained in the Mining Charter, as agreed to by the mining industry, the unions and government. As such, we cannot support the Budget Vote. I thank you. [Applause.
Mr M F GONA: Chairperson, the ANC definitely supports this Budget Vote. The reasons advanced by the DA for objecting to this Budget Vote are very unclear, because the proceedings today - the public hearings that we convened today - have nothing to do with compliance enforcement by the department. They have nothing to do with this Budget Vote.
The public hearings today are an initial attempt to address serious issues in the country, such as the rising levels of poverty, unemployment and joblessness of our people in the country.
The country has been declared to be the world's wealthiest country in terms of mineral resources, yet the inequality levels are on the rise. Now we are looking at a solution, because it is not sustainable to have mineral wealth that is acknowledged worldwide, but, at the same time, have citizens of the country that continue to be poor. Therefore, let us not use different reasons.
We, in the portfolio committee, including the DA, acknowledge the fact that this department is new and that it has been established within the shortest space of time, to the extent that it had an unqualified audit report from the Auditor-General.
Therefore there are no substantial reasons for this Budget Vote not to be supported. We need to support it. We will come back to deliberate on the establishment of the state-owned mining company and, at that stage, the DA must raise its views. I thank you, Chair. [Applause.
Mr M J ELLIS: Mr Chairman, I must apologise, sir. I was so in captivated by the hon Radebe and hon Manuel sitting there eating while the rest of us are so hungry [Laughter.] that I forgot to stand up, sir, and I apologise. The DA would like its objection to be recorded.
Vote No 32 - Rural Development and Land Reform - put.
Mr M M SWATHE: Chairperson, the DA is concerned that the government is not fulfilling its constitutional mandate because it is not budgeting adequately for land reform and rural development. The R6,7 billion is too little to fully execute the department's mandate.
The department signed commitments and contracts with landowners worth over R3 billion. It allocated a mere R1,5 billion to the land restitution programme. Effectively, the land restitution programme can only use R800 million to buy farms. The department has shifted its focus from land restitution to land reform and rural development.
The restitution of land rights is a pillar of the Constitution to address land rights issues and, if it is not addressed urgently, it may cause havoc. The DA, therefore, is very concerned that the government is not honouring its commitment to priorities. Rural development and land reform remain on the back burner, and is not one of government's top priorities in terms of budget allocation.
The DA, in its alternative budget, recommended to government that it increase the budget by R3 billion. The government failed to increase the budget. The DA, therefore, will not support the Budget Vote. Thank you. [Applause.
Mrs M A A NJOBE: Chairperson, Cope seriously favours reviewing the current land tenure system during this Medium-Term Strategic Framework period. This must be done through rigorous engagement with all South Africans, so that the tenure system will satisfy the aspirations of all South Africans irrespective of race, gender or class.
The need to prioritise land reform and rural development is obvious. Land is a fundamental national asset. Used well and fairly, land can be a launching pad for the equitable wealth of a nation. It was never by mistake that the primary aim of the conquest of the past was to acquire land. It therefore should surprise no one that land will play a central role in the reversal of such injustices.
Land is not only an asset for food security, but also a deeply emotive issue, as it is part of the self-definition of a people. It is this tightrope that our processes of rural development and land reform must seek to walk.
Cope supports the department in wanting to achieve its objectives, such as aggressively implementing land reform policies, stimulating agricultural production with a view to contributing to food security, promoting rural development, and so on.
It is a fact that our rural poverty is a result of policies that, over centuries, deliberately sought to impoverish our people in order to use them as a source of cheap labour. This fundamental injustice of the past has to be reversed and rural life must be transformed without delay. A proper and meaningful distribution of land must be undertaken at once. The major disgruntlement of the people must be properly and expeditiously addressed.
Lastly, in each area, through the Comprehensive Rural Development Programme, the CRDP, rural communities themselves must become central to their own development. This must be our aim. Cope trusts that the Minister will try to achieve the objectives of this department with single-mindedness and deep passion. Cope will support this Budget Vote. [Time expired.
Mnr P J GROENEWALD: Agb Voorsitter, daar is net een ding waaroor ek sekerheid wil hê, die DA het netnou met die agb Minister van Polisie baklei, en nou sien ek die agb Minister van Polisie gee vir die agb Ellis sjokolade daar agter u. [Gelag.] Dit is nou amper soos 'n kattegeveg. Ek weet nie of hulle vry of baklei nie! [Gelag.] (Translation of Afrikaans paragraph follows.
[Mr P J GROENEWALD: Hon Chairperson, there is only one thing I want certainty about - just now the DA fought with the hon Minister of Police and now I see the hon Minister of Police giving chocolates to the hon Ellis there behind you. [Laughter.] It is almost like a cat fight. I do not know whether they are courting or fighting! [Laughter.
Mr M J ELLIS: Mr Chairman, on a point of order: the hon member of the FF Plus is not telling the truth, sir. The hon Minister said he was going to give me some chocolate and then withdrew it at the last minute, so I didn't get it. [Laughter.
The HOUSE CHAIRPERSON (Mr K O Bapela): But I saw you chewing something, so I wonder what you were chewing. [Laughter.
Mr M J ELLIS: Mr Chairman, that was with the compliments of the hon Trevor Manuel, who is an outstanding chap and I like him very much indeed. [Laughter.
Mnr P J GROENEWALD: Voorsitter, ek het baie respek vir die agb lid, maar hy klink nou soos Horwood na wie daar netnou verwys was. [Gelag.
Om by die debat uit te kom, ek wil vir die agb Minister sê dat grond 'n baie sensitiewe aangeleentheid is. Dit is 'n emosionele aangeleentheid na beide kante, maak nie saak na watter kant toe ons praat nie.
Ek wil graag 'n beroep op u doen: u het in u begrotingsdebat gesê u erken die reg op private besit, maar skaars 'n week daarna sê u in die media dat u persoonlik saamstem dat die beloftes wat gemaak is in die "struggle" deur die ANC, naamlik dat grond genasionaliseer moet word, ook u persoonlike standpunt is.
Agb Minister, in regsterme sê ons dis contradictio in terminis. U skep totale verwarring. Die grondeienaars vra, "Maar kan ons die agb Minister vertrou" Vandag sê hy in sy debat dat hy probeer sekerheid skep, maar daarna kom praat hy met 'n ander benadering en in 'n ander taal?
U moet daardie sekerheid skep en ek wil vir die agb Minister sê voordat die VF Plus nie daardie sekerheid het nie kan ons u nie in die begroting ondersteun nie. Sorg dat daardie plase wat alreeds toegeken is produktief raak, dan sal dit tot voordeel van Suid-Afrika wees.
Ons sal nie hierdie begrotingspos ondersteun nie. Ek dank u. (Translation of Afrikaans paragraphs follows.
[Mr P J GROENEWALD: Chairperson, I have a lot of respect for the hon member, but he now sounds like Horwood to whom reference was made earlier. [Laughter.
To turn to the debate, I want to tell the hon Minister that land is a very sensitive issue. It is an emotional issue for both sides, it does not matter to which side we are talking to.
I would like to make an appeal to you: during your Budget Vote debate you said that you acknowledge the right to private ownership, but not even a week after that, you said in the media that you personally agree with the promises made by the ANC during the struggle, namely that land should be nationalised, and that this is also your personal viewpoint.
Hon Minister in legal terms we call this contradictio in terminis. You are creating total confusion. The landowners are asking, "But can we trust the hon Minister" Today, in his debate he is saying that he is trying to create certainty, but after that he is talking with a different approach and in a different language?
You must create that certainty and I want to tell the hon Minister that unless we as the FF Plus have that certainty, we cannot support you in this budget. Ensure that farms that have already been allocated become productive, and then this will be to the advantage of South Africa.
We will not support this Budget Vote. I thank you.
Mr P S SIZANI: Chairperson, the ANC supports this budget, as it translates the 2010-11 and 2012-13 strategic plans of the Department of Rural Development and Land Reform into programmes to build vibrant, equitable and sustainable communities in the vast hinterland of South Africa, where the vast majority of our citizens live.
Further, we do so in full confidence that our communities in these areas believe that the ANC-led government leads this department with integrity; unlike the hon member from the FF Plus who claims that the Minister says one thing today and wakes up and says something else tomorrow, simply because he did not get the explanation he was looking for. We don't run the country by scaring people; we run the country by being certain of every step we take.
There is no nationalisation policy, hon member. The Green Paper will explain the processes that the government and the ANC will take in sorting this out - I repeat - in sorting out the smash-and-grab policies of previous regimes, from that of colonialism in 1652 until now.
We will sort this out, because there will be certainty at long last for everybody who holds a piece of paper and calls it his "freehold title". Why Because today we are calling upon those people who hold that title - ill-begotten title - to come forward so that, once and for all, they have certainty that this document belongs to them and that the piece of land that they hold belongs to them. [Time expired.] [Applause.?
Mr M J ELLIS: Chairperson, I'm thoroughly enjoying myself. We would like to call for a division.
Vote No 33 - Science and Technology - put and agreed to.
Vote No 34 - Tourism - put.
Ms M R SHINN: Mr Chairperson, while the DA supports this budget, we do so with reservations. The total amount allocated by the Treasury is insufficient for this department's main task, which is to market South Africa to the world's tourists.
Tourism generates considerable profits for the fiscus. The marketing initiatives of South African tourism helped contribute R173,9 billion to the economy last year. For the past six years, this ANC government has encouraged the hospitality industry to invest untold millions of rands in expanding their operations to ensure they could capitalise on the 2010 Fifa World Cup.
Tourism, they told us, would be the major money spinner this year and beyond, but at this crucial moment, this government has cut SA Tourism's budget by 20% this year, and during the Medium-Term Expenditure Framework, by a total of R160 million, funds previously earmarked to exploit the positive exposure from the World Cup. Any first-year marketing student will tell you that this is precisely the time when SA Tourism should be increasing its marketing spend.
To properly resource SA Tourism would require an amount less than one-tenth of one per cent of our current national Budget. South Africa can easily afford this when it is viewed against the potential revenue this sector is expected to generate. We urge the department, as we did during the Budget debate, to reprioritise its inadequate allocation of funds to ensure SA Tourism is properly funded. This is essential if the industry is to get its deserved return on World Cup-inspired investment.
Mr D M GUMEDE: Hon Chairperson, the ANC supports the budget of the Department of Tourism and in doing so, notes concerns around the reduction of the budget in line with our national response to the global recession, and believes that the exposure from the 2010 Fifa World Cup will more than compensate for this. Therefore it is confident that the industry will generate more jobs, more sustainable livelihoods, particularly in the rural areas, thus increasing their share of growth in the GDP for the benefit of all. The ANC supports this Budget Vote. I thank you.
Vote No 35 - Trade and Industry-put.
Mr G P D MACKENZIE: Chairperson, the biggest issue in South Africa is unemployment. The great job losses during the recent financial crisis have been devastating. However, it would be unfair to blame this unemployment solely on the department. This department has the ability as well as the resources to address this issue on a large scale. There are millions of underemployed people walking the streets reduced to begging. These are people with some sort of skill that can be used within the industrial sector.
In the Minister's words, the programmes of his department must interface with the range of social and economic development strategies across all spheres of government. Therefore the R2,4 billion training lay-off scheme must now become active to start employing those who lost their jobs during the recession.
In addition, while Cope is supportive of the help being offered to companies in distress, we want the Minister to ensure that these companies, indeed, have long-term prospects and are therefore deserving of support. One area in which we can certainly emulate the Asian markets is in stimulating domestic sales by offering buyers subsidies for the purchase of durable consumer products fully manufactured in South Africa.
Cope wants to encourage government to provide for eco-housing, co-ownership, co-housing and modular housing to keep the construction sector busy. We should strive to build a developmental state which is democratic, people-driven and people-centred. Cope will support the Vote. Thank you.
Prof B TUROK: Chair, I would like to say that it is a pity that the hon member from Cope has been absent from the portfolio committee meetings. I see they are nearly all absent here now, for some reason I do not know. We can only speculate.
Let me say right away that this Department of Trade and Industry is one of the most dynamic and innovative of all the departments. They have come forward with an industrial policy programme which should make a huge difference to our industrial capacity. Can one ask the question: What would South Africa be like without a substantial manufacturing industry That is the job of this department?
They have launched a programme, and they are doing everything they can to get it moving. So, it is not a welfare department, and therefore subsidising consumer goods is the wrong approach. Subsidies can go to the manufacturing industry where they innovate, build new capacity, and make South Africa proud. We really do not want subsidies for consumers. That is the way of a welfare state, which is not the direction that we want to take. The ANC supports this particular Vote. Thank you.
Vote No 36 - Transport-put.
Mr S B FARROW: Chair, I think next year we are going to reverse the order of these Votes and start from Vote 37 upwards. When our study group looked at this department's Vote for 2010, we were in two minds as to whether to support it or not. Regretably, the consensus was that we oppose it and wait and see whether some of the positive signals that the Minister made in his budget speech become a reality.
It is now a well-known fact that the road infrastructure has been underfunded for many years now, resulting in many of our roads being in a state of disrepair. This has happened despite the continued efforts by the DA to get National Treasury to increase its allocation to the department through the creation of a dedicated road maintenance fund from the general fuel levy.
Now that this fund is a reality, it is incumbent upon the Minister to ensure a regular supply of funds flowing into it in order to gradually eliminate the backlogs which stand between R75 billion and R100 billion, and, at the same time, to improve access to basic services for many rural communities. The promised R3 billion injection over three years is a good start, but, clearly, it is below the needs.
The same can be said of our rail networks and rolling stock. Our economy cannot grow on the foundation of a deteriorating infrastructure. Massive investments are needed and where applicable and appropriate the private sector must be included to alleviate the fiscal drain that would result if these backlogs are funded solely from state coffers.
Public transport subsidisation is a necessity in a developing country such as ours, and with the massive World Cup spend in this area over the past three years, we have now been left with more mouths to feed in the way of Bus Rapid Transit systems, BRTs, buses and the recapitalised taxi fleet. Looking for additional funds is therefore very important if we are not going to go cap in hand again next year. So, the department must come up with a model that looks at subsidising the commuter as opposed to the system presently in use which is open to inefficiencies and abuse.
Finally, a serious look must be taken at the transfers going out into the hands of some of the department's agencies, which pay huge salary bills, and give little back in return, yet ask for more and more funds each year to undertake their mandates. Put these few things right, Minister, and you will get our support, but until then, you will have to live with the DA opposing your Vote, once more.
Ms N R BHENGU: Chairperson, it is interesting for the DA to agree with the ANC in terms of the Road Maintenance Fund. It is an initiative of the ANC, the problem was identified by the ANC, we initiated that debate and we are implementing that programme.
Thina-ke singuKhongolose asikhulumeli ukujabulisa abantu, silungisa okudinga ukulungiswa futhi sincome okwenziwe. Uma sibuka isabiwozimali zoMnyango Wezokuthutha sibhekisisa ukuhambela kwezidingo zezokuthutha nesabiwozimali esinikezwa uMnyango. Uma isabelo sisincane siyasho ukuthi sincane isabelo futhi izidingo zinkulu.
Sibuka ukusetshenziswa kwemali ngendlela okuyiyo, ukuhleleka ngendlela ehambisanayo kwezinhlelo zoMnyango nezezinhlaka ezisebenza ngaphansi koMnyango, ukuthuthuka kwezimpilo zabantu nokwezokunotha ngenxa yezinhlelo nokusetshenziswa kwemali uMnyango Wezokuthutha. Uhlelo lukaKhongolose kwezokuthutha luqonde ukwehlisa imali yokuhamba kwabantu nezimpahla, ukwehlisa isikhathi sokuhamba, ukuxhumanisa okokuhamba ngomgwaqo, ngezitimela nangezindiza ukuze kwenziwe ukuthi ezokuthutha ziphephe futhi zithembeke.
Uhlelo lwezokuthutha kulelizwe lucace bha njengezinqe zeselele, ngakho uKhongolose akanaso isizathu sokungaseseki isabiwomali soMnyango Wezokuthutha. Isiphukuphuku kuphela esingebone ukuthi ungakanani umsebenzi owenziwe uhulumeni kaKhongolose, owokwakha izikhumulo zezindiza, imigwaqo, imizila yezitimela nako konke okwenziwe uMnyango Wezokuthutha ukulungiselela u-2010 okuyosala kuyifa labantu baseNingizimu Afrika iminyaka ezayo. UKhongolose uyaseseka isabiwomali soMnyango Wezokuthutha. [Ihlombe.] (Translation of isiZulu paragraphs follows.
We as the ANC do not speak to please people; we correct what needs to be corrected and appreciate what has been done. If we look at the budget of the Department of Transport, we look at its service delivery and the budget allocated to it. If the allocation is too small, we say so and that more needs to be done.
We look at whether the money is spent accordingly, and that the organisation is in line with the structures that work under it. We also look at socioeconomic development brought about by the programmes and the way in which the Department of Transport spends its money. The ANC's programme for the transport industry is aimed at reducing money and time spent on travelling in respect of people and goods, and to integrate road transport, trains and aeroplanes in order to make transport safe and reliable.
The way in which the transport system of this country operates is very clear, therefore the ANC has no reason not to support the Budget Vote of the Department of Transport. Only a foolish person will not see how much work has been done by the government of the ANC, with regard to the building of airports, roads, and railway lines. This the Department of Transport has done in preparation for the 2010 Soccer World Cup which will remain a legacy for the people of South Africa in some years to come. The ANC supports the Budget Vote for the Department of Transport. [Applause.
Vote No 37-Water Affairs-put.
Mr G R MORGAN: Chair, it goes without saying that the water sector is underfunded in South Africa. That is not the reason the DA opposes this budget. There are several other departments which could do with more funds. The problem with the Department of Water Affairs is that its outcomes are poor, its long-term planning is abysmal, and its ability to enforce the provisions of the National Water Act is weak.
There is a skills crisis in this department, and no discernable plan to fill the vacancies, despite the commitments of the Water Sector Leadership Group. Over 200 posts for civil engineers are vacant, which is about two thirds of the full complement needed. Notably, the director-general of this department has been on special leave, on full pay, for more than 10 months now, with no end in sight.
While the acid mine drainage below the city of Johannesburg rises by 15 metres a month and while acid mine drainage is already decanting into the Tweelopiespruit, the department has, at best, come up with short-term solutions, albeit very tenuous ones, to deal with the disaster that acid mine drainage will cause in Gauteng and the surrounding provinces. Despite the first warnings of acid mine drainage problems emerging more than a decade ago, there is still no acceptable response to it. Added to that, more than 100 mines in South Africa are still operating without water licences and hence, are in transgression of the National Water Act.
While we welcome the earmarked funds for enforcement and compliance, and eagerly await the results, it is simply woeful that there are only 14 accredited Blue Scorpions in South Africa. The number of transgressions by municipalities when it comes to the discharge of sewage into the environment is substantial and growing. There is no doubt that we are facing localised water quality crises. Madibeng municipality and the sewer that the Hartbeespoort Dam has become is just one example.
The enforcement protocols by this department are weak and must be improved, but that will require political will. Who will step up to the plate We will see over the coming year. The DA does not support this Budget Vote?
Ms M M SOTYU: Chairperson, it is obvious that the ANC supports the Budget Vote of this important commodity, water, which gives life to the people of South Africa, including the DA.
We acknowledge the challenges raised by the DA, but the DA knows very well that there are mechanisms that have been put in place by the department to address some of these challenges. On the issue of the director-general's suspension...
lithanda izindaba leli lungu [... this member is inquisitive...
and knows very well that we did get a progress report from the Minister a month ago and we know exactly how far that report is at this moment.
On the issue of the vacancies in the department, you know, Chair, as well as we do that the challenge we are faced with in that department is that of scarce skills: design engineers, construction engineers, technical engineers, and so forth. The problem that we are faced with is for these vacancies.
The responses that we get...
ngenxa yengcindezelo kolwabo uhlangothi [... because of the pressure on their side...
are people that were advantaged to have those courses in previous years. It is white males who apply for these vacancies. I do not know if there is a better word to describe white males. In respect of disadvantaged communities, that is the graduates from our own community, the department took a decision that they are going to invite all these graduates into the department so that there will be shadow engineers within the department...
basebenze namaxhegu ahleli phaya angafuni ukuphuma [... who would be working with older people who do not want to retire...
so that they should transfer their skill to these young, previously disadvantaged students. [Time expired.] The ANC supports this Budget Vote.
Schedule put and agreed to.
Bill read a second time.
The House adjourned at 20:44.
Legislative proposal to repeal the South African Boxing Act, No 11 of 2001 (Mr T D Lee).
Referred to the Committee on Private Members' Legislative Proposals and Special Petitions for consideration and report.
Report of the Commission for Gender Equality (CGE) on the South African Gender Barometer Project - 2009.
Report of the Commission for Gender Equality (CGE) on the Gender in the Curriculum - 2007.
Report of the Commission for Gender Equality (CGE) on Widowhood Rites and Rights - 2008.
Report of the Commission for Gender Equality (CGE) on Threads of Pain and Resilience - 2008.
Report of the Commission for Gender Equality (CGE) in the Private Sector- December 2008.
Report of the Commission for Gender Equality (CGE) on the National Dialogue on Elections 2009.
Research Report of the Commission for Gender Equality (CGE) on the Victims' Charter - February 2009.
Report of the Commission for Gender Equality (CGE) on the National Monitoring Election - 2009.
General Notice No 313 published in Government Gazette No 33116 dated 16 April 2010: Regulations: Proper administration of the Vredefort Dome World Heritage Site: Invitation to submit written representations on or objections to the draft regulations, in terms of the World Heritage Convention Act, 1999 (Act No 49 of 1999).
Government Notice No R.259 published in Government Gazette No 33072 dated 31 March 2010: Regulations: Fees for the provision of aviation meteorological services, in terms of the South African Weather Service Act, 2001 (Act No 8 of 2001).
Draft amendments to the Environmental Impact Assessment Regulations: Listing Notice 1: List of activities and competent authorities identified in terms of sections 24(2) and 24D of the National Environmental Management Act, 1998 (Act No 107 of 1998).
Draft amendments to the Environmental Impact Assessment Regulations: Listing Notice 2: List of activities and competent authorities identified in terms of sections 24(2) and 24D of the National Environmental Management Act, 1998 (Act No 107 of 1998).
Draft amendments to the Environmental Impact Assessment Regulations: Listing Notice 3: List of activities and competent authorities identified in terms of sections 24(2) and 24D of the National Environmental Management Act, 1998 (Act No 107 of 1998).
Draft amendments to the Environmental Impact Assessment Regulations: Environmental Management Framework Regulations of the National Environmental Management Act, 1998 (Act No 107 of 1998).
Draft amendments to the Environmental Impact Assessment Regulations: Environmental Impact Assessment Regulations under sections 24(5), 24M and 44 of the National Environmental Management Act, 1998 (Act No 107 of 998).
Report of the South African delegation to the 26th session of the SADC Parliamentary Forum held in Zimbabwe from 18 to 27 November 2009. Report available on the parliamentary website: www.parliament.gov.za.
Referred to the Parliamentary Group on International Relations for consideration.
Legal Practice Bill, 2010, submitted by the Minister of Justice and Constitutional Development.
Referred to the Portfolio Committee on Justice and Constitutional Development and the Select Committee on Security and Constitutional Development.
General Report of the Auditor-General on the National Audit Outcomes for 2008-09 [RP 173-2009].
A letter dated 4 May 2010 has been received from the Minister of Science and Technology, informing the House that she has appointed, from the shortlist approved by the National Assembly on 20 August 2009 and in accordance with section 5 of the Human Sciences Research Council Act (No 17 of 2008), Dr B O Tema to replace Prof S Zinn and Prof T Pillay to replace Prof P Naidoo as board members of the Human Sciences Research Council.
Referred to the Portfolio Committee on Science and Technology.
Government Notice No R. 293 published in Government Gazette No 33112 dated 13 April 2010: Appointment of an Authorised Dealer in Foreign Exchange with Limited Authority, in terms of the South African Reserve Bank Act, 1989 (Act No 90 of 1989).
Government Notice No R. 283 published in Government Gazette No 33103 dated 16 April 2010: Amendment of Rules (DAR/69), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 340 published in Government Gazette No 33140 dated 30 April 2010: Amendment of Rules (DAR/70), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No 52 published in Government Gazette No 32898 dated 29 January 2010: Levies on Fish and Fish Products, in terms of the Sea Fishery Act, 1988 (Act No 12 of 1988).
Government Notice No 53 published in Government Gazette No 32898 dated 29 January 2010: Fishing Harbour Fees, in terms of the Marine Living Resources Act, 1998 (Act No 18 of 1998).
Framework for performance management system for Icasa chairperson and councillors, submitted for consultation in terms of section 6A of the Independent Communications Authority of South Africa Act (No 13 of 2000).
Submission of the Financial and Fiscal Commission on the Division of Revenue Bill for 2011-2012, tabled in terms of section 9(1) of the Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of 1997).
Report of the Public Service Commission (PSC) on an Assessment of the State of Human Resource Management in the Public Service - November 2009 [RP 33-2010].
Progress report of the Portfolio Committee on Communications on the Petition regarding the situation at Unitra Community Radio, dated 11 May 2010.
A petition regarding the situation at Unitra Community Radio, submitted in terms of Rule 312 by Dr Z Luyenge, was referred to the Portfolio Committee on Communications on Wednesday, 10 March 2010.
The Petitioners who are members of OR Tambo community working for the Unitra Community Radio Station, which is situated at the Walter Sisulu University (WSU), Nelson Mandela Drive raised a dissatisfaction with the way in which the radio station is managed by Mr Mbulelo Mneno and Mr Xabendlini, who claims to be the Acting Station Manager as well as Mr Yolelo who said he is a Member of the Management Board of the Station.
Messrs Mneno and Yolelo were elected in absentia and were not known by the community of Mthatha. Their election was influenced by a group of people who conspired with Mr Xabendlini and now no longer support him because of his dishonesty and fraudulence.
A charge sheet has been drafted by the Compliance Unit for the Complaints and Compliance Committee (CCC) to consider convening a hearing in respect of the contraventions on matters of statutory obligations.
A letter has been written to the Unitra Community Radio Station Manager requesting a register and minutes of the meeting where a resolution was taken to adopt a revised Constitution.
The due process is still taking its course in line with the procedures.
The Committee will be informed of any further developments.
Hon.
Government Notice No R. 269 published in Government Gazette No 33087, dated 9 April 2010: Amendment of Schedule No 3 (No 3/658) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 289 published in Government Gazette No 33109, dated 13 April 2010: Correction to Notice No R. 269 in respect of an amendment to Schedule No 3 (No 3/659) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 341 published in Government Gazette No 33140, dated 30 April 2010: Amendment to Schedule No 1 (No 1/1/1403) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 342 published in Government Gazette No 33140, dated 30 April 2010: Amendment to Schedule No 4 (No 4/330) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 357 published in Government Gazette No 33165, dated 7 May 2010: Correction to Notice No 1256 in respect of an amendment to Schedule No 1 (No 1/1/1404) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 358 published in Government Gazette No 33165, dated 7 May 2010: Amendment to Schedule No 4 (No 4/331) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 293 published in Government Gazette No 33112, dated 13 April 2010: Appointment of authorised dealer in foreign exchange with limited authority in terms of the South African Reserve Bank Act, 1989 (Act No 90 of 1989).
Government Notice No R. 283 published in Government Gazette No 33103, dated 16 April 2010: Amendment of Rules (DAR/69) in terms of section 49 and section 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 340 published in Government Gazette No 33140, dated 30 April 2010: Amendment of Rules (DAR/70) in terms of section 6 and section 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Report of the Commission for Gender Equality (CGE) on Gender in the Curriculum - 2007.
Report of the Commission for Gender Equality (CGE) in the Private Sector - December 2008.
Report of the Commission for Gender Equality (CGE): The National Dialogue on Elections 2009 & Gender Equality Report.
Report of the Commission for Gender Equality (CGE): National Monitoring Election Report - 2009.
Report of the Commission for Gender Equality (CGE): South African Gender Barometer Project - The State of Women Empowerment and Gender Equality.
Report of the Commission for Gender Equality (CGE): Threads of Pain and Resilience - 2008.
Report of the Commission for Gender Equality (CGE): Widowhood: Rites and Rights - 2008.
General Notice No 313 published in Government Gazette No 33116, dated 16 April 2010: Regulations for the proper administration of the Vredefort Dome World Heritage Site: Invitation to submit written representations on, or objections to, the draft regulations made in terms of section 44(1) of the World Heritage Convention Act, 1999 (Act No 49 of 1999).
Government Notice No R.259 published in Government Gazette No 33072, dated 31 March 2010: Regulations made in terms of section 28 of the South African Weather Service Act, 2001 (Act No 8 of 2001) regarding fees for the provision of aviation meteorological services.
Government Notice No 52 published in Government Gazette No 32898, dated 29 January 2010: Levies on fish and fish products in terms of the Sea Fishery Act, 1988 (Act No 12 of 1988).
Government Notice No 53 published in Government Gazette No 32898, dated 29 January 2010: Fishing harbour fees determined in terms of the Marine Living Resources Act, 1998 (Act No 18 of 1998).
Draft amendments to the Environmental Impact Assessment Regulations: Environmental Impact Assessment Regulations made under sections 24(5), 24M and 44 of the National Environmental Management Act, 1998 (Act No 107 of 1998).
General Report of the Auditor-General on the National Audit Outcomes for 2008-09 [RP173-2009].
Report of the Public Protector on an investigation conducted in terms of section 3(1) of the Executive Members' Ethics Act, 1998 (No 82 of 1998), the President's comments thereon and action taken in regard to the report's recommendations.
2009 Tax Statistics - Joint publication of the National Treasury and the South African Revenue Service.
The Portfolio Committee on Social Development, having considered the subject of the Social Assistance Amendment Bill [B5-2010] (National Assembly - Section 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B5A - 2010].
The Department of Health made a presentation before the Committee on the state of readiness to implement the Harmonised Assessment Tool (HAT) and related matters. The department reported that it is not ready to implement the HAT to assess patients' eligibility for disability grants due to shortage of trained health professionals to use the HAT. The department will need to diagnose and treat patients with disabilities (as a matter course) and ensure easy access for patients to treatment for chronic illnesses. In order to provide the best care possible, there is a need to strengthen the Primary Health System in various ways. The department also reported that the key to strengthening the Primary Health Care is the provision of the primary care in an integrated manner. More time is required to improve services at Primary Health Care level and to improve access to such services.
Given the above-mentioned concerns, the Committee therefore agreed to not approve the clauses defining disability and the related clauses therewith. The Committee therefore recommends that those clauses be referred back to Cabinet for its reconsideration.
Report to be considered.
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One person died on Friday when a mini-bus taxi collided with a bakkie in Luphisi road outside Nelspruit. Seven people were admitted at Robs Ferreira Hospital in Nelspruit while eight others were admitted at Themba Hospital in Kabokweni near White River.
Meanwhile, at least four other people died near the Komatipoort, three kilomentres from the N4 road towards Mananga Border Post when a vehicle towing another vehicle was hit by a truck on the same road. Investigations are underway to determine the cause of the accident.
In another accident, six other people died in a pile-up accident that happened on the N4 road close to the Middelburg/ Hendrina turn-off on Saturday afternoon.
Five of the deceased died on the spot and one was certified dead upon arrival at the Witbank Hospital. More than 10 people were admitted at the Witbank and Middelburg provincial hospitals.
<fn>GOV-ZA.33607873En.2012-02-10.en.txt</fn>
No. 6 of 2010: Criminal Law (Forensic Procedures) Amendment Act, 2010.
<fn>GOV-ZA.3361491En.2012-02-10.en.txt</fn>
The House met at 14:03.
The Deputy Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
The DEPUTY SPEAKER: Order! Hon member, we come to notices of motion. I am looking around because I know there was a request that I have granted for a Statement by the Minister of Correctional Services.
That the House debates the poor performance, ineffectiveness and wasteful expenditure of the entities under the Department of Social Development and the negative effect this has on service delivery, and come up with possible solutions.
That the House debates declaring Basic Education as an essential service, and in doing so, comes up with solutions to curb the high number of schooling hours lost due to teacher strikes, demonstrations and union meetings held during school hours.
That the House debates the negative impact that the Gauteng Shared Services Centre, GSSC, has on the quality of health care service delivery at Gauteng health institutions and comes up with possible solutions.
That the House debates the appointment criteria of senior officials of public entities and comes up with proper guidelines for their appointments.
That the House debates the implications of the ill-considered about-turn by the Minister of Communications to revisit the issue of DVB-T standards for digital migration happening after state-owned entities such as the SABC and Sentech, as well as the private sector, have already invested billions of rands in the specific technological platform agreed to by Cabinet five years ago.
That the House debates the new economic growth path to tackle the challenges of our current conjuncture.
That the House debates the integrated Public Service as a model to enhance service delivery.
notes that Sport and Recreation SA, German Technical Cooperation, commonly known as GTZ, and the German Development Bank, signed an implementation agreement on the Youth Development through Football (YDF) programme and that the German government has provided €7.
further recognises that the implementation plans for the project include the training of youth in all nine provinces in development through sport methodologies, capacity building covering nine Mass Participation Programme (MPP) hubs of activity and two non-governmental organisations per province, as well as the implementation of the Africa Legacy Programme in Lesotho, Swaziland, Mozambique, Namibia, Botswana, Zambia, Ghana, Rwanda and Kenya; and welcomes this initiative as it will take sport to poor disadvantaged communities across South Africa and also contribute positively towards the improvement of school sport by grooming young talent from an early age.
enjoins all South Africans to adopt an eco-friendly attitude in their daily lives and to actively work together to clean up and preserve our environment.
South Africa, having notched up 18 medals in 18 years of designing the exhibit, is always one of the frontrunners in winning medals at the Chelsea Flower Show; and the 2010 award-winning exhibit will be recreated in South Africa later this year in Port Elizabeth, Gauteng, Durban and Cape Town, giving South Africans the opportunity to celebrate another medal-winning exhibit; and congratulates designers David Davidson and Ray Hudson for designing an innovative interpretation of South Africa's spectacular plant heritage.
encourages the leaders of South Africa and the world at large to condemn acts of violence against children in all its forms and to collectively act to reduce this scourge.
Mr M J ELLIS: Madam Deputy Speaker, I am very thrilled to see that the Chief Whip of the Majority Party bows to the superiority of the DA motions. That is a very important factor. [Laugther.
Ms G N M PANDOR: Sir, on a point of order, I thought Mr Manamela was far better-looking. [Laughter.
Mr M J ELLIS: I want to say, Madam Deputy Speaker, that is purely a matter of opinion. [Laughter.] And I would suggest that the hon Pandor keeps her opinions to herself. [Laughter.
Now, I don't know where I was, Madam Speaker. [Laughter.
The DEPUTY SPEAKER: Start from the beginning.
Mr M J ELLIS: And this is a very long Motion without notice. If the House gets very cross, please appeal to the hon Pandor. [Laughter.
notes that the first phase of the construction of the Gautrain has been completed and on 8 June 2010 the Gautrain will undertake its maiden voyage between Sandton and the O.R.
congratulates all members of the management structure comprised of the Provincial Political Steering Committee, the Gautrain Project Team and the Project Review Committee who, through their hard work, have ensured that South African commuters and tourists alike will have access to a range of services including a world class Airport Service and dedicated Commuter Service before the "kick-off" of the Fifa World Cup; and wishes the management structure and all interested stakeholders everything of the best for the maiden voyage of the Gautrain on 8 June 2010.
The CHIEF WHIP OF THE MAJORITY PARTY: Thank you, hon Pandor.
That the House notes that after Order No 3 precedence be given to Order No 1 under Further Business on today's Order Paper as reprinted: Consideration of Report of Ad Hoc Joint Committee on South Africa's Readiness for Fifa World Cup.
The DEPUTY SPEAKER: Hon members, I wish to bring to the attention of the House that I have approved a request by the Minister of Correctional Services to make a statement on issues pertaining to the escape of 42 inmates at the Harrismith correctional facility on 31 May 2010. [Applause.
The MINISTER OF CORRECTIONAL SERVICES: Madam Deputy Speaker, I would like to thank hon members for affording us the opportunity to make this statement this afternoon.
Between 17:00 and 18:00 on Monday, 31 May 2010, a total of 41 awaiting-trial detainees escaped from section B of the Harrismith correctional facility during lockdown time.
This escape represents by far the largest group of inmates to escape from our facilities to date. I felt it important that we should report to the House and to the South African public the known circumstances surrounding the escapes, as well as the actions that we have already taken to deal with the matter.
Upon receiving this report, the National Commissioner and I visited the centre yesterday to ascertain the facts about the escapes and how they happened. From the information at our disposal so far, it seems that during the change of shifts after lockdown on the day in question, the head of the awaiting trial detention, ATD, section allowed officials to leave early and undertook that he would conduct the handover to the next shift himself.
Not only was this decision highly irregular, but it also resulted in the facility operating under capacity, as it left a time gap between the change of shifts.
Secondly, the same head of section allowed for another irregularity when he gave permission, against policy, for an advocate to enter the holding cells to consult with a client after lockdown, without the necessary capacity to even escort this advocate safely into the holding cells.
It was after this consultation, as they tried to lock the advocate's client up in the communal cell, that the head of the section, together with another official who accompanied the advocate to section B, were accosted and overpowered by the detainees.
Now in possession of keys, the detainees then proceeded to open the other cells to release other detainees before advancing towards the administration block of the centre. The correctional official who guards the entrance gate at the admin block was then made to open the gate under the pretence that he was opening for the two officials who initially went to section B. This was as a result of the detainees knowing the code used between officials to request the opening of doors and gates.
In addition, it is important to understand that there is a peephole, and that the correctional officer did not look through the peephole to verify the identity of the people at the door. The detainees forced this official to open the gun safe, took two firearms and proceeded to the main gate where the official on duty opened the gate for them to leave.
I am particularly disturbed by the actions of the head of the awaiting-trial detention section who disregarded departmental protocol by allowing a shift to knock off without a handover, and further allowing a consultation to take place between a detainee and a lawyer after lockdown.
It has also been brought to my attention and that of the National Commissioner that some of the escaped detainees are charged with serious crimes.
We have since taken the following action: We have decided that a multidepartmental investigation should be instituted to investigate the matter further. This will also include criminal charges to be laid against those who are found to have been complicit in this incident.
It is also important to mention that by the time that we arrived there, the South African Police Service, SAPS, had already been seized upon this matter.
We have decided that the head of the awaiting-trial detention section and the official, who was at the gate during this incident, should be dismissed summarily, as of today. We have decided that a risk assessment of all our centres needs to be conducted urgently, looking at both infrastructural and human risks that lead to escapes.
I am raising this because, as much as this is a medium facility designed to accommodate inmates who are categorised as "mediums", what we have found is that, in the awaiting-trial detention section, we had inmates who were charged with violent and serious crimes and who should never have been placed in that facility in the first place.
By close of day yesterday, eight of the escapees had already been rearrested and sent back to the centre. I want to reassure you that everything will be done, both to get to the bottom of these recent escapes, and to deal with the inherent system risks to avoid these levels of escapes in the future.
We once again call upon the members of the public not to panic. We know that this is portraying us as the weakest link in the chain of the security preparations for the World Cup, however, we want to assure you that everything will be done to apprehend these awaiting trial detainees.
We also appeal to members of the South African public that, should they see these escapees, they should not approach or attempt to apprehend them, but should report them to the nearest police station. Thank you. [Applause.
Mr J SELFE: Hon Deputy Speaker, we would like to thank the Minister for taking Parliament into her confidence with her statement; and I would like to thank her for the courtesy of informing me of this incident on Monday evening. What happened in Harrismith on Monday is extremely serious and needs to be seriously interrogated.
Even a single offender who escapes from prison is one too many. In this case, 41 people escaped and this comes shortly after another incident in Durban Westville in February, in which nine people escaped, and another in Newcastle in March in which four inmates escaped.
We note that the Minister is to undertake a risk assessment of all correctional centres. With respect, this was done a couple of years ago. As a result, over the last five years, the Department has spent hundreds of millions of rands on improving security in our prisons. Many are now surrounded by as many as three fences, some electrified. Movements of inmates and staff are supposed to be carefully monitored and controlled by CCTV and access control mechanisms.
We can have as many risk assessments as we want, but these mechanisms will only improve security and prevent escapes if they work properly, and if we have trained people to operate them. In many centres, the turnstiles that should be electronically operated are now only padlocked, either because they don't work or they haven't got staff to operate them. It is scandalous to have this equipment that is quite simply not operational, but was acquired at vast costs.
Secondly, there is invariably a link between escapes and human error. Officials do not always follow procedures; they become lax, are undisciplined and arrive late or book off sick. And sometimes the so-called human error is actually caused by corrupt collusion with the inmates.
For that reason, we are pleased that some of those responsible for the incident at Harrismith have already been dismissed and others face action following the investigation. It is only when officials know that there will be definite consequences for an escape in which there is complicity, that we can stop escapes. And if the investigation finds that there was corruption involved, the officials concerned must be charged and face the full might of the law.
We quite simply cannot afford to let this happen. Our country already has an astronomically high crime rate. When inmates escape, police are then forced to track them down and arrest them, often at great danger to themselves. When inmates escape, they reoffend and commit more crimes, with the result that more South Africans are robbed, raped and murdered.
We hope and trust that those who are still at large will be rearrested quickly, and we are looking forward to the Minister informing us when the results of the investigation are known. I thank you. [Applause.
Ms B C BLAAI: Hon Deputy Speaker, hon members, I would like to thank the hon Minister for bringing to Parliament the matter of the 41 escaped prisoners from the Harrismith Medium Security Prison. What happened at that prison, as the Minister has outlined, is a matter of grave concern. A breakout of prisoners of this scale is absolutely alarming. Even more alarming are the circumstances under which the breakout occurred.
Failure to observe protocols strictly is becoming common. There is a tendency for officials to act unilaterally as though they constitute the law. Lawlessness is now becoming rooted in the institutions that are supposed to be upholding the law.
From what the Minister has reported, it seems very likely that the head of the awaiting-trial detention section cleared the desk, as it were, to allow for certain irregular actions to take place, presumably at a price.
What we are witnessing here is what is happening throughout the Public Service. The system has been totally corrupted. Integrity is lacking and senior officials are ready to undermine the institutions they are appointed to.
Dereliction of duty and irregularities are destroying government institutions. The rot is everywhere. If the Minister does not clean up the Correctional Services, starting from the top, criminality and corruption will prevail in the department. Harrismith is only one sore on a sick body. I thank you. [Applause.
Mr V B NDLOVU: Hon Deputy Speaker, the IFP wants to thank the Minister for immediately taking action against the head of the department. All government employees who disregard instructions from their departments and who are not observing all the relevant and applicable laws that apply to government employees, should be dealt with properly.
Why was the advocate allowed to enter the cell without the proper procedure and enough security Is the advocate seen as part of the escapees' plan or not If not, why not?
All escapees charged with serious crime should be reported to this House so that the House can assist the Minister in whatever action she might take. And we should undertake to help her in making it easy to explain all these things every now and then. Thank you. [Applause.
Mr S Z NTAPANE: Deputy Speaker and hon members, the UDM appreciates the hon Minister's statement and thanks her for coming before this House to discuss this matter. What we are concerned about is that there are media reports indicating that the department possessed information beforehand of a planned escape, yet did not put into place safety measures.
Thorough reviews of the problems and challenges of Correctional Services have been conducted previously. The problems that come with overcrowding, especially with regard to awaiting-trial prisoners, are well known. Regrettably, the challenges have never been adequately addressed and keep coming back to haunt us.
As the Jali Commission demonstrated comprehensively, corruption is widespread in the department. The failure to root it out lies with the leadership of the department and, as such, despite the circumstances surrounding this incident, the department is not absolved of its responsibility.
However, we highly appreciate the swiftness and decisiveness of the hon Minister and the actions that the hon Minister has taken to address this matter. Thank you. [Time expired.
Mr P J GROENEWALD: Deputy Speaker, I want to say to the hon Minister that if one wants to achieve success in life, one has to do the right thing, at the right time, at the right place. I want to congratulate the Minister. The action she took was the right thing, at the right time, at the right place. I think she sets an example for her colleagues on how one should deal with public servants who do not comply with procedures.
Suid-Afrika gaan gebuk onder misdaad, agb Adjunkminister. Die gevangenis is deel van daardie ketting om te verseker dat misdadigers agter slot en grendel bly. Daar moet verdere ondersoek gedoen word.
Ek is oortuig daarvan dat hierdie laksheid en hierdie gebrek aan dissipline nie net by hierdie een gevangenis is nie, maar dat ons hierdie probleme by feitlik al die gevangenisse sal kry. Ek vra die agb Minister om so voort te doen, om ondersoek by die ander gevangenisse in te stel, en te sorg dat die misdadigers agter slot en grendel bly. Dankie. (Translation of Afrikaans paragraphs follows.
South Africa is burdened with crime, hon Deputy Minister. Prison forms part of that process to ensure that criminals stay under lock and key. Further investigation needs to be done.
I am convinced that this negligence and this lack of discipline are not unique to this one prison, but that we will encounter these problems at virtually all prisons. I call on the hon Minister to continue in this fashion, to investigate the other prisons, and to ensure that criminals stay under lock and key. I thank you.
Rev K R J MESHOE: Deputy Speaker, the ACDP also thanks the Minister for bringing this important matter before Parliament. It is totally unacceptable that so many detainees can manage to escape from prison, thus exposing our people to danger, as we believe some of the escapees have been arrested for serious crimes.
While we agree that a high-level investigation has to be instituted to investigate this matter, there is no doubt that the officials who were on duty when the escapes took place were negligent. We would, therefore, as the ACDP, support the Minister's decision to summarily dismiss certain officials.
The possibility of corruption must also be investigated. The ACDP questions why a prison official would want to enter a cell with keys if he did not want the detainees to grab them. We also want to know why the head of the awaiting-trial detainees section allowed prison officials to leave early so that he could conduct the handover to the next shift on his own. There must have been an impure motive, hence our call for the possibility of corruption to be investigated; and we will appreciate the report back, Minister, about the results of your investigations. Thank you.
Mr J K DIKOBO: Madam Deputy Speaker, we are shocked and horrified by the report of the escape of 41 detainees, because this represents a setback to the good work done by police officers who risked their lives when they arrested those suspects. It also means that we have potentially dangerous people on the loose. Therefore, the community is at risk, and police officers once more have to go and mop up and arrest them again.
We are glad, hon Minister, that eight escapees have already been arrested. We commend you for your prompt response and urge you to do what you have undertaken to do. It is safe to say, hon Minister, that I'll always have a problem with so-called summary dismissals. Thank you.
To be one of the best service providers in the world by delivering correctional services with integrity and commitment to excellence.
Minister, it has become very clear that there are employees who do not belong in this department; neither do these employees identify with the vision of the department, and it is our contention that the sooner such employees are identified, the better.
Part of the risk is that we just do not know who we employ in those departments, and who has the role of the safe custody of inmates. I believe that the vetting process of the Department of Correctional Service employees can no longer be delayed, and it must be completed as soon as possible.
From your statement today, Minister, it appears that collusion between detainees and department staff cannot be ruled out. I agree with Mr Selfe; not so long ago, a similar incident occurred in Durban, and there again collusion is being suspected.
Correctional Services has a pivotal role to play if we are ever to succeed in reducing crime in South Africa. And therefore, all acts that undermine the role of the department need to be dealt with speedily and decisively. We support you, Minister, for doing exactly that: dealing with this matter decisively and with great speed. However, we believe that the political authority of the Department, together with senior management, must send out a clear message that anybody in your department who is found guilty of unacceptable conduct will not be spared.
We agree with most of the speakers that spoke before us and with you, Minister, that those who were party to this incident must be criminally charged with aiding and abetting the escape of awaiting-trail detainees. Thank you.
Mr J B SIBANYONI (ANC): Madam Deputy Speaker, this statement is about the opening of the Small Claims Court in Alexandra, as well as the guidelines for the commissioners and clerks. The ANC welcomes the opening of a Small Claims Court in Alexandra by the Deputy Minister of Justice and Constitutional Development, hon Andries Nel, last week.
This court will provide residents of Alexandra with a speedy, simple and accessible forum to resolve their disputes. Residents no longer have to travel to Randburg to lodge their complaints. There is a need for such courts in townships and rural areas.
On the same day, the department launched the guidelines for commissioners and clerks. Commissioners are appointed from amongst the ranks of practising attorneys and advocates, retired magistrates, as well as legal academics.
They are appointed on a voluntary basis and, therefore, do not receive any remuneration from the department. These legal practitioners are volunteers.
Malibongwe igama lamavolontiya, malibongwe! [Let the name of volunteers be praised!
Small Claims Courts are a powerful mechanism to provide access to justice, especially for the poor. These courts are based on speed, simplicity and cost-effectiveness. They are created to eliminate time-consuming adversarial procedures before and during the trial.
These courts deal with civil disputes of up to R7 000, and no legal representatives are required or allowed to appear on behalf of the litigants. The recently launched court will play a major role in the lives of the residents of Alexandra and the department plans to embark...
The ANC commends the department for its endeavours to improve access to justice for all our people. Thank you. [Time expired.
Mr A C STEYN (DA): Madam Deputy Speaker, it shouldn't come as a shock to learn that the ANC-run North West Department of Local Government and Human Settlements spent over R100 million on two housing projects. However, what should come as a shock to everyone of us here is that only four houses were completed.
The DA has documents in its possession which were presented to the Rustenburg Local Municipality in November 2009. These documents reveal a number of irregularities in the Meriteng Housing Development Project.
The documents show that the contract was awarded to a contractor who is not registered with the National Home Builders Registration Council. The contractor was overpaid by R6 million, and the rectification process will now cost R72 million. The local municipality swept the issue under the carpet.
When Minister Shiceka came into office last year, this matter was referred to him. Needless to say, in typical ANC style, nothing has been done to date. In the case of the Vryburg housing project, 470 houses were meant to be built. But, thus far, only four have been completed. The amount spent so far is R114 million, which translates into R28,5 million per completed house!
The situation in the North West is very serious. The citizens of that province are already facing long waiting lists, and are being denied an opportunity to access housing opportunities.
The Public Protector needs to investigate these projects, whilst the Minister of Human Settlements needs to increase his efforts to root out corruption and inefficiency in housing projects. The DA will be writing to the Public Protector to request a full investigation into these projects. Thank you. [Time expired.
We will pay particular attention to the combating of corruption and fraud in the procurement and tender processes.
We all supported the President's call. Again, the Minister of Finance repeated this call, asking Parliament to work together in fighting corruption in the public as well as private sector. We would like to receive an update on the progress made on this front, especially in government departments.
We should remember that recently our newspapers have been reporting on a range of corrupt practices. The Auditor-General also has a report on this problem.
Today we wish to ask what progress has been made with regard to a R55 million tender that was awarded to the Minister of Communications' company. The manager who manipulated the tender has been fired.
Now when are we going to proceed to recover the R55 million that is due to government, which was lost through this defective tender that was awarded to the Minister of Communications The contract has been declared invalid and manipulated, therefore we must urgently move to get the money back?
We also want to know what action has been taken as a result of the malpractices and the corrupt and unacceptable conduct of the Minister for Co-operative Governance and Traditional Affairs We are happy that today, at least, Cosatu has now come to the fore, and raised this matter of corruption. We want to know what progress has been made by the President as well as the Minister on this matter. [Time expired.?
Mr G T SCHNEEMANN (ANC): Deputy Speaker, the SA Police Service recently conducted operations in Pretoria and Johannesburg, which targeted unregistered private Further Education and Training colleges. Out of five institutions which they visited in Pretoria, only one was properly registered according to the Department of Higher Education database.
These illegal institutions have a negative impact on South Africa's education system. We agree with the Minister of Police when he said that such acts are unconstitutional and tantamount to thuggery, and law enforcement agencies will be tough on these scandalous people, who are driven by greed and therefore rob our children of a bright future.
The directors of the four unregistered institutions, who were arrested, are expected to appear in court soon. In Johannesburg, police arrested a director of an unregistered institution and when they questioned him they discovered that he owns 28 schools around the country.
It was also found that students who had passed their exams were issued with false certificates that are not recognised by the Department of Higher Education.
According to the SAPS, they will be visiting all private schools around the country, in the coming weeks and months, to verify their status. We wish to congratulate the SAPS on the work well done in ensuring that these illegal institutions are closed down. We wish them every success as they continue with this operation.
At the same time, we call on parents to ensure that private institutions are correctly registered before they enrol their children. Thank you.
Mr P F SMITH (IFP): Deputy Speaker, it is a matter of great concern to the IFP that the Public Broadcaster is again making news for all the wrong reasons. Although we were initially optimistic that under the leadership of a new board, the SABC would be able to address its critical problems and chart a new way forward, the current shenanigans suggest that our confidence was premature.
The contempt for the board, which the chair of the board has recently displayed, is bad enough. But the fact that Mr Solly Mokoetla, the CEO, has now entered the fray by telling senior staff that Mr Phil Molefe has indeed been appointed as head of news, beggars belief.
This represents another direct challenge to the board and cannot be ignored. It is the duty of both Parliament and the shareholder, represented by the Minister of Communications, to uphold the integrity of the board.
The IFP calls on the Minister to demonstrate leadership on this issue and, at the very least, to show that he disapproves of and will not tolerate the antics of the board chair and of the chief executive officer, CEO.
Ms T E KENYE (ANC): Deputy Speaker, the ANC welcomes the launch of the Retired Nurses' Forum to retain the skills of retired nurses within the health system. At the beginning of 2008, the Department of Health began returning retired nurses to the profession. The retired nurses are assisting in maternity wards and clinics.
This forum will be responsible for guiding and mentoring young nurses. Approximately 480 retired nurses are already working in the provinces' primary health care clinics and hospitals.
Nurses are the backbone of our health care system. Therefore the ANC-led government will find new and inventive ways of training more nurses to support the present workforce, and to prepare for the Fifa World Cup and beyond. The initiative is part and parcel of the ANC government's strategy to improve quality standards for both public and private sectors. This initiative will include specific targets for the provision of adequate numbers of workers at all levels of the health care system, including recruitment, training and filling of vacant posts. Thank you. [Applause.
Mr J K DIKOBO (Azapo): Azapo condemns in the strongest possible terms Israel's attack on the Turkish ship, which was part of the Free Gaza convoy. Deputy Speaker, at the moment we have the following information: The ship carried 10 000 tons of aid. It had on board 700 peace activists, 35 international observers and politicians and 40 journalists. A South African journalist was also on board. The Free Gaza convoy was sailing in international waters.
Israel used the army in what could have been a simple police operation, assuming that they had a right in the first place to do what they did. At least 19 people on board the Turkish ship died.
Azapo believes that the South African government must do something stronger than summoning the Israeli Ambassador to the Union Building. We call upon the International Criminal Court to investigate laying charges against both Prime Ministers Benjamin Netanyahu and President Shimon Peres.
We call upon the United Nations to force Israel to stop the blockade of Gaza because it has brought untold suffering to the Palestinians living in the area. The blockade is inhumane and illegal. The UN should not allow Israel to behave like Somalian pirates. We want to emphasise that we recognise Israel's right to exist and to defend their citizens. We equally recognise Palestine's right to exist [Time expired.] [Applause.
Mr V B NDLOVU (IFP): Deputy Speaker, the IFP urges the Minister of Police to take any potential threats and any activity by any terrorist organisation regarding the safety of the World Cup very seriously. Even though both Fifa and Interpol state that there is no credible threat to the safety of the World Cup, we still need to be extremely vigilant in this respect.
Newspapers have reported seeing terrorist training camps in Mozambique as well as a fact that some of these terrorists may already be inside our borders. With all international terrorists, watching organisations stating that they believe that there is a very high probability of a terrorist attack, adding that terror strike, teams are already well established in South Africa.
We therefore urge both our police and intelligent services to exercise the utmost vigilant and request the Minister of Police to address this House urgently if there is that such a threat. Thank you very much.
Ms M A RANTSOLASE (ANC): Deputy Speaker, World Day against Child Labour will be celebrated on 12 June 2010. It comes just one month after a major global conference on Child Labour that was held in the Netherlands. The International Labour Organisation, ILO, launched the first World Day against Child Labour in 2002 as a way to highlight the plight of these children.
The day is intended to serve as a catalyst for the growing worldwide movement against child labour, reflected in the huge number of ratifications of ILO Convention No 182 on the worst forms of child labour, and ILO Convention No 138 on the minimum age for admission to employment.
Hundred of millions of girls and boys throughout the world are still engaged in work that deprives them of adequate education, health, leisure, basic freedom and which violates their rights. Of these children, more than half are exposed to the worst forms of child labour such as working in a hazardous environment; slavery or other forms of forced labour; elicit activities such as drug-trafficking; and prostitution as well as involvement in armed conflict.
The ANC-led government ratifies ILO laws against child labour as a way of stepping up opposition to the practice. The ANC believes that all children have the right to be protected from child labour and any other form of economic exploitation which endangers the child's mental, physical or psychological health and interferes with [Time expired.
Mr N J van den BERG (DA): Deputy Speaker, today the DA has learnt through replies given to written questions put to the Minister of Communications that the SABC and the SA Post Office have spent almost R5,5 million on tickets to various events.
This expenditure includes more than R5 million for Fifa World Cup tickets; more than R60 000 for Cape Town International Jazz Festival tickets; R93 000 for tickets to the IPL Cricket Tournament; and R158 000 for tickets to Tri-Nations Rugby matches.
Although the DA agrees that national and international events should be supported, we struggle to understand how these entities of the Department of Communications can justify the purchase of these tickets. How can the SABC expenditure be justified in the light of the fact that the SABC received a R1,4 billion guarantee from National Treasury because of their poor financial management and governance issues.
The SABC is a public broadcaster and its duty is to provide quality and cost efficient programming for South Africans. Buying tickets for a select group of officials and their guests does not achieve this goal.
So many entities including the SABC, have publicly committed to cutting back spending, but surely high spending on tickets suggests their commitment and honesty cannot be believed. It is irregular and wasteful. [Time expired.] Thank you, Deputy Speaker. [Applause.
Mr D A KGANARE (Cope): Deputy Speaker, income disparities in South Africa have continued to widen in the last five years. Private corporations and the government have continued to concentrate wealth in the hands of the opulent minority through remuneration packages for CEOs and senior personnel that are taking off like rockets, while the workforce remuneration packages remain fairly static.
It is obvious that workers are going to be disgruntled. Loss of jobs adds to their discontent. As the Gini coefficient shows, income inequality in our country has now widened to a point where South Africa is the world's most unequal society. This has happened under the ANC-led government that promises a better life for all.
According to Statistics SA, if social grants are excluded, South Africa's Gini coefficient would rise to a staggering 0,8.
The difference between social service and social justice is that social service works to alleviate hardship while social justice aims to eradicate the root causes of that hardship.
Deputy Speaker, something has to be done to contain salary packages in order to reduce income disparity, increase economic opportunity for all and to allow social justice to prevail. The population is waiting to see how the ANC tackles these issues. I thank you.
Ms H F MATLANYANE (ANC): An emerging piggery in Doornspruit village near Polokwane in Limpopo has benefited more than 130 families and now it hopes to become a commercial giant. The project has prospects of supplying Pick 'n Pay stores with pork.
Beneficiaries contributed R10 each to become active members who receive dividends after selling the pigs. Each household received a subsidised amount of R20 000 from the then Department of Land Affairs to plough into the project.
The project exists because the community wanted to develop a successful black-owned piggery enterprise in Polokwane Municipality to contribute to the economic growth of the country. This enterprise can be used as a model to pave the way for other black emerging farmers to enter the piggery industry.
This initiative is part of the ANC government strategy to strengthen the partnership between government and rural communities to focus on rural development and fight poverty. I thank you. [Applause.
Mr G R KRUMBOCK (DA): Madam Deputy Speaker, our world-class, iconic new stadiums, spacious new airports and infrastructure all bear testimony to the fact that, both as a continent and nation, we are ready to deliver a successful and uniquely African 19th Fifa World Cup.
Every citizen's constitutional rights are no less important now than at any other time. To strike and create the worse possible impression of our country while the gaze of the world is upon us is the same as striking at the future of our country. We call on all our citizens to exercise their strength and judgment and put the nation first.
The DA also calls upon the Department of Public Enterprises as well as several municipalities to use the last week prior to kick-off to resolve issues that will improve the experience of all visitors to our shores. There is no reason, for example, why SAA should be charging more than triple the fare of all other domestic carriers before the World Cup semi-finals.
Equally, the disgraceful state of the Heroes Acre and Westford monument in Gauteng must be rectified in the coming eight days, as it will be visited by a significant number of visitors during the tournament. Further, it is not too late to fix our broken pavements and cut the waist-high weeds proliferating along the verges in some of our cities. Therefore, use these last few days imaginatively and productively; and use all available resources and the willing hands of our citizens to clean up our cities and enhance the anticipated success of the 2010 World Cup. Ke nako! Feel it; it is here! [Applause.
Ms M L DUNJWA (ANC): The ANC welcomes the implementation of the National ICT Research, Development and Innovation, RDI, strategy, currently being implemented by the Department of Science and Technology, which will target rural and marginalised communities.
The strategy seeks to ensure the development of high-end skills to enable, build and strengthen the innovation chain and the capacity of South Africa to perform competitive research in the field of ICT. The programme includes the Digital Doorway, which is a robust computer facility, designed to provide access to computing resources to these disadvantaged communities.
Another project from the ICT RDI implementation programme, aimed at enhancing access to ICT in rural areas, is a large scale technology demonstrator pilot project, which seeks to deploy affordable broadband connectivity infrastructure. Currently, the pilot focuses on providing broadband connectivity to schools and other government and public facilities in three municipalities, in Limpopo, Mpumalanga and the Northern Cape, respectively.
The implementation of these projects will usher in a new era where our historically deprived communities will get the opportunity to participate in socioeconomic activities using the ICT platform. The roll out of effective ICT services will ensure that our people know what government services are available to them, equitably, irrespective of where they are in the country. I thank you. [Applause.
Mr A R AINSLIE (ANC): The ANC won nine of the 15 seats in the municipal ward by-elections which took place on 26 May 2010, in the Eastern Cape, Gauteng, KwaZulu-Natal, Limpopo, North West and the Western Cape.
Out of a total of 15 contested wards in six provinces, we are encouraged to have retained eight wards. In addition, in my constituency of Ndwedwe in KwaZulu-Natal, the ANC convincingly took ward seven from the IFP with a very large majority.
The ANC congratulates our cadres in KwaZulu-Natal for having worked hard for this victory. The ANC has committed itself to key priority areas to improve the lives of our people, which include crime fighting, rural development, health and education. The ANC will continue to put up a good performance in all by-elections and we are confident that we are the only party that can deliver a better life for all South Africans. [Applause.
The MINISTER OF POLICE: Deputy Speaker and hon member Schneemann from the ANC, on the issue of unregistered private further education colleges, we agree with the statement.
We further call on everyone in our communities to be vigilant against these parasites and these fly-by-night colleges. They are playing with the genuine feelings of our children to acquire knowledge and skills. People should be vigilant and be in touch with the Department of Higher Education to ascertain whether or not these are genuine colleges.
Hon Ndlovu raised a very important point. We take your point, hon member. Most of these things are set up as a scarecrow. Nevertheless, we are not lowering our guns. We will ensure that this World Cup is secure and that there are no incidents. Everyone must feel it; it is here.
The country which was said to be Option B is here with us. It is feeling it with us here in South Africa and not in Australia. Thank you very much. [Applause.
The MINISTER OF HIGHER EDUCATION AND TRAINING: Deputy Speaker, I would like to respond to two issues. The first one is on the number of points which members raised about the challenges of the scourge of corruption.
This government is very serious about tackling corruption. To that extent, President Zuma has, amongst other things, appointed an interministerial committee to deal with the problem of corruption. It is not only the government, but the ruling party also fully backs this campaign to stamp out corruption in the whole of society.
I also want to comment on the matter of unregistered private colleges. In addition to what Minister Mthetwa has said, as the department, we are working very closely with the police. We have taken further measures which include a dedicated phone line that we have publicly announced. Parents and students can phone in to check if colleges to which they are applying are registered or not.
We are also going to take further measures to ensure that even the registered colleges do not offer programmes beyond what they are registered for. This is another problem that we are experiencing.
Beside the courts operated by the police, we as a department are also considering additional measures, including the possibility of preventing them from applying for registration for a particular period after that.
We wish to urge all private providers in the area of further education and training to apply. This government has one of the most advanced, highly respected and transparent registration regimes for private colleges in the world. Thank you. [Applause.
The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-OPERATION: Deputy Speaker, I would like to respond to the hon member from Azapo who raised the question on Israel's attack on the ship bearing aid to Gaza Strip.
His information is correct. South Africa called in the ambassador of Israel to our offices yesterday in order to record our strongest objection. We stated the strongest possible objection in diplomatic terms to the incident that took place on Monday in international waters.
The hon member's information that there were hundreds of international activists and journalists on board is entirely correct. The vessel was in international waters. We believed Israel has contravened international law in this regard.
I would like to report that the South African journalist who was on board, Gadijah Davids, has been released and she is on her way home. This is something for which we are very grateful. [Applause.
We would like to say that we totally agree with the hon member that the blockade of Gaza is inhumane, and we also would like to reinforce the UN's statement made at the UN Security Council calling, amongst other things, for a full inquiry into this incident.
We have joined the entire international community in our condemnation of this appalling act. I would like to thank the hon member in particular, because it shows that the entire South African community is behind our move in this regard. Thank you very much. [Applause.
The DEPUTY MINISTER OF HUMAN SETTLEMENTS: Deputy Speaker, I would like to respond to hon member Steyn on the issues raised regarding housing in Rustenburg and Vryburg.
I want to assure the member that the meeting of the Minister and Members of Executive Councils, Minmec, we held in October last year was in Rustenburg, and that we were able to visit that project. We agree with you that the wastage of money is not acceptable. The explanation we got from the province when we asked questions around that issue was that the municipality was serving as a developer.
The province has taken upon itself to be the developer of the project. The province and the municipality are working together at finding ways and means of recovering the money. We have put the matter under the Special Investigation Unit, SIU, and assure you that the issue of corruption is receiving high attention as far as our department is concerned.
The North West scenario is part of this package. We hope that you are going to give us detailed information regarding this project so that we can take the process forward. I thank you. [Applause.
The MINISTER OF SCIENCE AND TECHNOLOGY: Deputy Speaker, an hon member from Cope raised the important matter of income disparities in South Africa. This includes the inequalities that exist in our society, particularly the measure, the Gini co-efficient, which indicates the widest disparities in earnings of all countries in the world.
I heard the member saying that the ANC has led us to this, which is an absolute untruth. We do not set salary scales in the private sector, and it is primarily in this sector where these wide disparities exist.
I would suggest that the hon member would be better served by asking that the relevant committee of Parliament conduct an investigation into income levels and disparities in South Africa and then Parliament can examine whether it could generate legislation which would address this matter. All of us are concerned about closing these gaps. The ANC has been the first to alert the world to inequality, no other party. Thank you. [Applause.
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Madam Deputy Speaker, the Office for Criminal Justice System Review has, through an analysis of existing legislation and regulations in South Africa, together with a comparative overview of recent crime scenes and forensic developments in other jurisdictions, identified certain major legislative and technological constraints and deficiencies in respect of at least two pivotal aspects of our forensic crime-fighting capacity, namely fingerprinting and DNA evidence.
Despite the fact that a number of government departments administer fingerprint databases, the South African Police Services, currently due to legal and information technology reasons, only have access to the fingerprints stored on the SAPS's Automated Fingerprinting Identification System, Afis. As a result the SAPS currently has no direct access to the Home Affairs National Identification System, HANIS, of the Department of Home Affairs where the fingerprints of 31 million citizens and about 2,5 million foreigners are kept, or to the National Traffic Information System, eNaTIS, of the Department of Transport where a further six million thumbprints are kept.
In this regard, it must be noted that the Office for the Criminal Justice System Review, through an analysis of a compendium of statistics, found that in the financial year 2006-07, 52,5% or 46,2% of all crime cases, the perpetrator remained undetected. A further 11,3%, in 2006-07 and 13% in 2007-08 of cases were withdrawn before reaching court. In other words a total of 63,8%...
The DEPUTY SPEAKER: Hon members, you have a right to go out if you don't want to listen. Please, other people are listening and you are really distracting them.
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: In other words, Deputy Speaker, a total of 63,8% in financial years 2006-07 or 59,2% in financial years 2007-08 of all crimes investigated never reached court. Of the 6,5 million "most serious crimes" in the criminal justice system, for the period 2001 to 2006, a total of 4,4 million or 68% of cases were undetected or withdrawn before reaching court.
In addition, the current legislation scheme as set out in section 37 of the Criminal Procedure Act of 1977 does not make the taking of fingerprints compulsory, even in instances where a person has been convicted of an offence. Therefore, the manner in which fingerprints are currently collected, loaded onto the SAPS's fingerprint database and used, means that a fingerprint lifted at a crime scene will most likely only be checked against the limited number of fingerprints of convicted offenders, which have been included in that database.
The purpose, therefore, of this Bill is to address all these shortcomings by ensuring that the SAPS will have access to the fingerprint databases of other government departments for criminal investigations only, and by expanding police powers to take and retain fingerprints, body prints and photographic images of persons charged with, or convicted of, offences.
With these objectives in mind, the Bill amends Chapter 3 of the Criminal Procedures Act as well as the South African Police Services Act of 1995, the Firearms Control Act of 2000 and the Explosives Act of 2003.
The new provisions contain strict safeguards and penalties to ensure that fingerprints, body prints and photographic images are collected, stored and used only for purposes related to the detection of crime, the investigation of an offence, the identification of missing persons and the identification of unidentified human remains or conducting a prosecution.
Care has thus been taken to strike an appropriate balance between an individual's rights to dignity and privacy as entrenched in sections 10 and 14 of our Constitution, and the legitimate demand by the public that the police must pursue the objectives of preventing, combating and investigating crime; maintaining public order; protecting and securing the inhabitants of the Republic and their property; and also upholding and enforcing the law as set out in section 205(3) of our Constitution.
Care has also been taken to safeguard the rights of children who are suspected or accused of having committed an offence by providing that whenever prints are taken from a child the police officials must have a due regard for the personal rights relating to privacy, dignity and bodily integrity of the child; and to do so in private, not in view of the public; and also ensure the presence of a parent, a guardian, a social worker or an appropriate person; and treat and address the child in a manner that takes into account his or her gender and age.
The Bill does not constitute an ad hoc or random measure aimed at enhancing the SAPS's capacity to achieve the objectives that I have highlighted. It forms part of the greater objective of the review of the criminal justice system which is a work in progress.
Fighting crime and fighting the causes of crime will be a priority of the ANC government in the next five years and there is a need to overhaul the criminal justice system to ensure that the levels of crime are drastically reduced. Corruption must be stamped out.
Establish a new, modernised, efficient and transformed criminal justice system...
Actively combat serious and violent crime by being tougher on criminals and organised syndicates.
I call on all hon members of the House to support us towards achieving these objectives. I move that we do so. Thank you, Deputy Speaker.
Ms L S CHIKUNGA: Deputy Speaker, Deputy Ministers and Ministers, hon members and fellow South Africans, when the democratic government came into power in 1994, it took over an unjust justice system that was never meant to administer justice but to protect and preserve apartheid; that is why investigations into the murders of Steve Biko, Samora Machel and other brutal murders were never finalised. It is therefore correct for me to start by saying we are correcting deep and entrenched systemic errors.
It was in recognition of these historical realities that the former President, Thabo Mbeki and the current President, hon Jacob Zuma, called on us to establish a transformed, integrated, modernised, properly resourced and well-managed criminal justice system.
The Bill before the House is as such a product of an involved process which was led by the hon Johny De Lange as the then Deputy Minister of Justice and Constitutional Development, and now by Minister Jeff Radebe. This Bill was introduced to Parliament by Minister Jeff Radebe and referred to the Portfolio Committee on Police for processing. At the time when it was being referred to the Portfolio Committee on Police, it included parts on fingerprints, body prints, photographic images and deoxyribonucleic acid which is known as DNA.
It must be noted that the Bill had previously been considered in 2008 and early 2009 by an ad hoc committee which decided that there were a number of areas that raised the potential for a constitutional challenge. Following extensive deliberations, the Portfolio Committee on Police agreed on the fact that the Bill was an important piece of legislation that would bring some progress in the integration of the criminal justice system as well as the fight against crime.
Furthermore, the Portfolio Committee on Police noted that to process the Bill in its then current form was problematic and could take a much longer time or even have delays. The portfolio committee then resolved to split the Bill into two phases. In the first phase, the Bill deals with aspects of the fingerprints, body prints and photographic images.
We believed then, as we believe even more now that it was possible to process this aspect as quickly as possible without serious challenges and pass it into law. Today's debate indeed marks the culmination of this resolution.
Whilst not at all abandoning the DNA part, we resolved to process it as a second phase of the Bill. We resolved that the processing of the second phase of the Bill, that is the DNA aspect, should be preceded by the following, which was informed by the many submissions that had been received: firstly, benchmarking ourselves with other countries that have the same legislation as well as the Bill of Rights; secondly, a comparative study to be undertaken by our research unit; and thirdly, a study tour to countries that have the legislation on DNA together with the Bill of Rights.
Following our visit to the Forensic Laboratory in Pretoria, early this year, we are more convinced that our decision was perfectly correct. The fact that the European Court of Human Rights, in a landmark judgement delivered in December 2008, decided that the United Kingdom policy of retaining the DNA samples and profiles of innocent people is indiscriminate and unlawful, also justified our decision to split the Bill.
Assisted by our research unit, we have since identified two countries that have the best DNA services in the world, namely Canada and the UK. We hope to go to these two countries in October, this year, as part of our second phase of processing the Bill.
Looking at the Bill before us today, I just want to remind members in the simplest language that, as we speak, today, when a criminal commits a crime, like breaking into somebody's house, police may take fingerprints. I say, "may" because section 37 of the Criminal Procedure Act, Act 51 of 1977, does not make the taking of fingerprints compulsory even in instances where a person has been convicted of an offence.
But say fingerprints are lifted from the crime scene, they will be checked against the limited number of fingerprints from convicted offenders that have been included in the SAPS database. If they match any fingerprint, well, good luck for SAPS and victims; if they do not match they will be stored and wait for the arrest of a suspect whose fingerprints will then match them. If no suspect is arrested, hard luck for the police and the victims; those fingerprints will remain in the SAPS database and that is it.
This Bill seeks to make it compulsory for the police officials to take fingerprints or to cause fingerprints of any arrested person to be taken upon any charge; any person released on bail; any person upon whom summons have been served; and any person convicted by a court of law. The Bill also aims to strengthen the forensic investigative powers and the capacity of SAPS.
It strengthens the capacity and the powers of SAPS by allowing them to access fingerprints, as mentioned by the hon Minister, of 31 million citizens and about 2,5 million foreign nationals kept by the Department of Home Affairs as well as the Department of Transport's 60 million thumbprints for comparative searches only.
In simpler terms, this means that if a criminal breaks into one's house or commits any crime, protection of the crime scene by the first police official to come to the scene is very important. It means that after police officers take or lift fingerprints at the crime scene they will be able to immediately compare them with the fingerprints that are kept by the Department of Home Affairs and the Department of Transport.
This implies that unless the suspect is an illegal immigrant, it must be possible for the police to quickly link the suspect with fingerprints by comparing the fingerprints with those lifted from the crime scene and those stored by the Department of Home Affairs as well as the Department of Transport.
Furthermore, the Bill makes it compulsory for police officials to take fingerprints; hon Lekgetho will cover the details of this aspect. I must mention that the Bill provides for strict safeguards and penalties to ensure that fingerprints, body prints and photographic images collected and stored are only used for purposes related to crime detection, investigation of all offences, identification of missing persons and the identification of unidentified human remains or conducting of prosecution. Hon Annelize van Wyk will cover the details of this aspect.
The advantages of a strengthened forensic crime fighting capacity in respect of fingerprints, body-prints, and photographic images can be summarised as follows: The expansion of the fingerprints capacity, which this Bill does, can lead to significant increases in matching suspects to crime scenes; an increase in plea bargaining as suspects are confronted with real evidence, such as fingerprints, linking them to a crime scene is also possible; and it should also be noted that fingerprints are used not only to prove guilt but also to prove innocence.
As I conclude, let me take this opportunity to sincerely thank the state law advisors who assisted the committee by splitting the Bill. Let me also thank the lawyers from the Department of Police and the Department of Justice and Constitutional Development lawyers for walking all the way with us; and actually including all our demands and inputs in the Bill with the language of the learned friends. Thank you very much. I also want to thank our support staff for providing the much needed support during the processing of this Bill.
Chairperson, let me appreciate and thank the hon Members of Parliament who serve in the Portfolio Committee on Police across party lines. I thank them all, including hon Mluleki George of S-Cope - not the T-Cope! - for their hard work and contributions when we were processing this very important Bill.
Deputy Speaker, we are presenting the Criminal Law (Forensic Procedure) Amendment Bill before this House and the ANC supports the Bill. Feel it; it is here. Africa, Ke Nako! I thank you.
Ms D KOHLER-BARNARD: Madam Deputy Speaker, studies relating to crime have found that the probability of an individual committing a crime is inversely proportional to the probability of getting caught. In other words, the more likely a person is to get caught committing a crime, the less likely it is that that person is going to commit the crime.
In South Africa where the conviction rate for murder is less than 13%, something certainly needs to be done to bolster detective work so that those who commit the crimes are brought to book.
The Criminal Law (Forensic Procedure) Amendment Bill is an attempt to do exactly this. However, in its initial form, it had the potential to be frozen in a quagmire of dissenting voices. In its original format it included the establishment of a DNA database, and numerous organisations, from the Cape Bar Council to the Law Society of SA via the Medical Rights Advocacy Network, had substantial issues which they raised in relation to the creation of such a database.
I take typed notes of all meetings and on 28 October last year I wrote, in despair, "This Bill is becoming a disaster!" There seemed to be no inter-Ministerial co-ordination, budgets were not supplied and sometimes junior members, who were incapable of answering our questions, were sent to come before the portfolio committee.
When budgets did arrive, they were in the hundreds of millions of rands; and rather than simply providing the SAPS with the tools to access fingerprints from other databases such as those in the Transport or Home Affairs Ministries, they were grandiose visions of a massive police database of every fingerprint from any and every person in the country. At one stage the whole process seemed ready to spin out of control.
The Parliamentary Portfolio Committee on Police deliberated on this Bill for months and finally determined that, in order to achieve proper outcomes, the Bill needed to be split in two, as the chair has outlined. This section before you today relates only to the taking of fingerprints, palm prints, footprints and photographic images, as well as the keeping of relevant databases.
As for the mooted DNA database, there are certainly over 50 countries throughout the world that have already passed DNA databases and DNA database legislation. Each country has had to address similar issues that arose here. It has been agreed that the committee will travel to investigate international best practice before considering the possibility of introducing such legislation here in South Africa.
If there is anyone in this House who believes that the Portfolio Committee on Police is not unified in its attempts to strengthen the hand of law enforcers in this land, they are wrong. Our members across the board were intimately involved in this amendment and certainly, the DA believes implicitly that granting the SAPS the right to access other databases will assist in the tracking down of, as yet, unconvicted criminals whose fingerprints do not yet appear in the police database.
The second issue, the identification of bodies, is an enormous issue that my colleague, the hon Debbie Schafer, will address. We must, as a nation, be highly alert to the integral link between human trafficking, drug dissemination and money laundering, all under the umbrella of organised crime, as well as, in certain cases, terrorism. By allowing our SAPS to run unidentified fingerprints through the other databases in this country, one will, without a shadow of a doubt, see increased conviction rates.
Certainly, we must all agree that the fight against transnational organised crime must be strengthened and intensified so as to foster solutions involving co-operation with sub-Saharan Africa and the Southern African Developmental Community, SADC. Allowing the SAPS to access other national fingerprint databases will allow them, in turn, to assist law enforcement agencies throughout the world to identify South African members of international syndicates.
As a nation, we have for far too long failed to focus on crime prevention from a global perspective. We have become bogged down in the incident of this terrible murder; that rape of a baby; this multi-million rand fraud - single cases hitting the headlines. Yet where we have failed, is in pulling together the causal strands in order to understand the drivers behind the blood-letting.
We are not alone in this lack of vision; indeed the international community has, as a whole, largely failed to anticipate the evolution of transnational organised crime into the strategic threat which it now poses globally. Transnational organised crime is an instrument to generate profit and it is no longer the sole preserve of specialised criminal organisations. It is now an essential strategy for armed groups around the world, and is a source of funding for corrupt politicians as well as warlords and terrorists.
A global survey from the University of Maryland's Centre for International Development and Conflict Management shows that one of the areas at greatest risk of armed conflict is sub-Saharan Africa. The nature of transnational organised crime syndicates allows them to be structured horizontally, and they operate flexibly with a decentralised leadership, while countries such as ours are limited by the silo mentality with vertical, blinkered thinking, which results in poor information-sharing and co-operation.
To transnational organised crime syndicates, borders are irrelevant, while countries are obsessed with formal sovereignty. Transnational organised crime syndicates are incredibly well funded, while our operations are underfunded and frequently ill utilised. The transnationals are at the top when it comes to new technologies, whereas we are slow to adapt, and, in fact, make little use of new technology.
Once we pass this amendment to the Criminal Procedures Act to allow access to fingerprint databases, the public will presume that we have the technology to allow for a quick computer search, but this will not be the case. The big problem here is that the databases of the SAPS, Home Affairs and Transport and Correctional Services all use different technologies, so that these searches will initially be long and laborious. This is something that needs particular attention.
Certainly, I would wish to see the same determination as has been evident in the preparations for the 2010 Fifa World Cup to be present in the fight against these syndicates, which, for example, see this country both importing and exporting drugs. We have to study this threat to boost our intelligence across regions and shape up our technical ability. This is also pertinent to domestic crime, of course, which is linked in many instances to the transnational organised crime syndicates I have been referring to.
Perhaps the one crime that makes us all feel under siege is house robbery. There has been a 100% increase in house robberies over the last five years, and these crimes are committed by, to quote Professor Rudolph Zinn, "the most callous of criminals." Last year there were 18 000 residential robberies, up from just 9 000 in 2003. In the main, these house robbers are 20 years old and have committed 100 robberies before arrest. They do their homework and they often prepare for up to four months before they strike. They also torture their victims as a means of establishing where valuables are hidden, and they rape and kill without remorse.
Currently, the reality is that only 12,5% of robberies with aggravating circumstances end up being prosecuted. We have already fallen behind because of the bad judgement of the previous National Police Commissioner, and statistics have shown shocking increases in crimes in areas affected by the closure of our globally admired specialised units. Consider the 87% increase in drug-related crime since the shutting down of the SA Narcotics Bureau!
Investing in this technology would ramp up our efficacy in relation to the drug crisis in South Africa. The year the bureau was disbanded, the SAPS reported 62 000 drug-related crimes; the figure now stands at 117 000.
Crime must be recognised as the greatest threat to our democracy and to an open society that can be shared and enjoyed by all. Of course, the state has a duty to uphold the Constitution and keep its citizens safe.
Approving this Bill today will give the SAPS a tool that, if efficiently used, will, I have no doubt, assist in pinning down the criminals, not after they have committed 100 crimes, but after they have committed just one. Thank you. [Applause.
Mr L RAMATLAKANE: House Chairperson, it is both appropriate and timely to amend the Criminal Procedure Act, Act 51 of 1977 to allow for the forensic procedures to be applied at a crime scene. Cope will support this amendment.
It is our considered view that we must do all in our power to make sure that we capacitate the police in the fight against and combating of crime. Therefore, the amendment today is a tool that is appropriate in capacitating the police in order to make sure that they combat crime and keep a database of criminals.
We all already heard that the Department of Home Affairs has 31 million fingerprints in their database. We already heard about 6 million in the National Traffic Information System, eNaTIS, which the Department of Transport has in the database. We already heard that 2,5 million fingerprints belong to foreigners. But one thing that continues to worry us is that when we talk about the database and we talk about the fingerprints, we do not continue to look at an integrated way of dealing with crime and organised crime.
We continue to be concerned about organised crime, particularly about the data on organised crime and the information that is not kept. We have in our country today many experienced and organised syndicates who come from other countries, but we don't have a database. So we believe that dealing with the amendment of this Act will go a long way in addressing that particular weakness.
Experience has shown all over the world that forensics play a central role in the combating and investigation of crime, particularly fingerprints and all other things that go with it. However, we know that in all the attempts that we need to make, there is always going to be a place where the buck stops.
We believe that the amendment of this particular Act will also begin to give the police, including the commissioner, the power to say what will happen to those who are going to be letting things fall through the cracks. This is where the buck stops. Now that we have this tool, we must make sure that it remains a tool to make sure that the police are capacitated.
Cope won't be found wanting when it comes to the issue of supporting the work of the police to make sure that the police combat and [Interjections.] We will not be found wanting; we are going to support this amendment Act. We have already indicated that we are supporting it.
Therefore, the only thing that Cope will not associate itself with is the rhetoric of "shoot to kill". The shoot to kill rhetoric is that one thing that we say we do not associate ourselves with.
We associate ourselves with the tools that make sure that the police fight crime and make sure that it is combated. We want to particularly raise the serious matter of serious organised crime syndicates that are operating. It is a matter that must be looked at and measures must be found as to how we can make sure that we keep a database of those particular criminals so that we are able to make sure that we combat them and nip them in the bud.
Therefore, we know that supporting this Amendment Act brings us one step closer to dealing with organised crime. We know that by supporting this Act, the police will be one step ahead in making sure that they defeat corruption and crime. Today, the debate and subsequent approval of this Act squarely puts the responsibility on you, Minister, to make sure that the work is done.
We will support this amendment. We are supporting it because we know that it is a necessary tool to fight crime and make sure that our people feel safe wherever they are. I thank you. [Applause.
Mr V B NDLOVU: House Chairperson, the main aim of this Bill is to intensify the criminal justice system by strengthening the SAPS crime-fighting capacity in respect of fingerprinting and body printing.
It is our view that the correct implementation of this Bill will enhance the investigation capacity of the SAPS which is bound to assist in the dramatic reduction of crime. The IFP, therefore, welcomes these changes to the legislation to bring us into the 21st century. We believe that this Bill should be implemented as soon as possible in consultation with the Ministries of Transport, Home Affairs and State Security.
The costing of this Bill will be very high because of the human resources involved and the upgrading of forensic laboratories. This will shorten the time waiting for the courts to get results from the laboratories.
The IFP supports this Bill because it will eliminate forgery and tighten up investigation, thereby finding the criminals guilty beyond reasonable doubt.
The IFP believes that the laboratories will need to be run professionally and they must be transformed, so that they are not used by certain elements with ulterior motives against others as if it is their domain.
The IFP wants to thank all those who were involved in making sure that this Bill came to fruition; that includes all stakeholders and the Chairperson who has been chairing this meeting. I thank you, Chairperson. [Applause.
Mr S Z NTAPANE: Chairperson and hon members, the Bill before us has been the subject of a long and complex process of evolution. Two years ago, there was the case of deep constitutional concerns with regard to citizens' privacy and other rights. After much delay and deliberation, we are today considering a Bill that will allow the police access to the Home Affairs database of fingerprints. In principle, we support this concept, since it should radically improve the odds of the police identifying the perpetrators of crime.
However, allow me to outline three major concerns which relate to the harsh reality that exists in our country. Firstly, we are talking about giving the police access to a database of law-abiding citizens' most basic information. It is fine and well to claim that the police will not abuse this access, but unfortunately the track record of the police is not spotless.
Secondly, the database that we are talking about is situated within the Department of Home Affairs, which one can safely describe as one of the most corruption-riddled departments in government. The Bill seeks to address this concern, with the inclusion of severe penalties for tampering with the database. However, we cannot but wonder to what extent crime syndicates, who have already infiltrated the Department of Home Affairs, will simply manipulate the database to protect their interests.
Thirdly, and most importantly, access to this database is no guarantee of improved police arrest rates, when the police's forensic capacity hardly exists. Anecdotal evidence of the police failing to take fingerprints at crime scenes is rife. On top of that, the official statistics for the state of forensic laboratories indicate that they are on the verge of collapse.
We support the intention of this Bill, but call on the Minister and the security cluster to begin addressing the well-known underlying issues. The UDM supports the Bill. Thank you.
Rev K R J MESHOE: Chairperson, the ACDP will support all legal measures that are taken by the police to nail criminals and to reduce the unacceptably high levels of crime in our country. The fact that the current legislation, as set out in section 37 of the Criminal Procedure Second Amendment Act, Act 85 of 1997, does not make the taking of fingerprints compulsory, even in instances where a person has been convicted of an offence, is a serious oversight.
The taking of fingerprints of certain categories of persons must be compulsory, as we believe it will lead to a significant increase in suspect-to-crime-scene matches. The ACDP believes the police should not only have access to the fingerprints stored on their database, but to all fingerprint databases in the country.
It is unfortunate that even though members of the public have been complaining about low conviction rates, as suspects could not be linked to crimes, the SAPS did not have access to the Hanis system of the Department of Home Affairs, where fingerprints of 31 million citizens and about 2,5 million foreigners are stored, or to the e-NaTIS system of the Department of Transport, where a further 6 million thumbprints are located.
What is of concern to the ACDP, however, is the possible misuse of or tampering with the profiles on the expanded database, even though the committee reached consensus that such abuses must carry a 15-year sentence without the option of a fine. The storage and integrity of the fingerprints database must be tight and unquestionable at all times. The ACDP will definitely support this Bill, as it will enhance the work of the police. Thank you.
Mnr P J GROENEWALD: Voorsitter, in Suid-Afrika het 'n misdadiger 'n 90% kans om weg te kom met misdaad, want as daar gekyk word na die statistiek sien ons dat die aantal sake wat aangemeld word en daardie sake wat dan suksesvol deur ons howe gevoer word en waar 'n vonnisbevinding plaasvind slegs 10% is. Soos ek reeds genoem het, het 'n misdadiger dus 'n 90% kans om weg te kom.
Hierdie wysigingswetsonwerp is 'n stap in die regte rigting. Die VF Plus verwelkom dit dat die regering darem op 'n stadium gekom het waar hulle besef het dat daar drastiese stappe gedoen moet word. Ek het wel kritiek. Die vraag is: Hoekom moes ons so lank wag Ons wag nou al vir, kan ek amper sê, jare om te sê dat daar indringend na die misdaadsituasie gekyk moet word?
Dit help nie dat die Minister van Polisie en sy mense hard werk om misdadigers te vang en aan te keer en dat hul hande dan agter hul rûe vasgemaak word as hulle sekere ondersoeke moet doen nie. Dit is ook waar. Dit is gesê dat die publiek dalk nou die indruk mag kry dat, omdat vingerafdrukke nou ook met Binnelandse Sake en Vervoer gekontroleer kan word, 'n misdadiger baie vinniger opgespoor gaan word. Ons het nou wel die wetgewing in plek, maar dit help nie as die rekenaars nie met mekaar aanpasbaar is nie, want dan sal dit nie vinnig gedoen kan word nie.
Dit sal beteken dat daar kontak gemaak moet word met 'n persoon binne Binnelandse Sake, maar die VF Plus sou wou sien dat die rekenaarstelsel van so 'n aard is dat dit onmiddelik opgevolg kan word. Afhangende van 'n misdaad word daar gepraat van die kritieke 24 uur of die 36 uur of die 48 uur daarna. Hierdie wetgewing is die stap in die regte rigting om dit vinniger moontlik te maak om misdadigers te identifiseer, te ondersoek, en te arresteer. Ek dank u. (Translation of Afrikaans speech follows.
Mr P J GROENEWALD: Chairperson, in South Africa a criminal has a 90 per cent chance of getting away with crime, because when statistics are viewed we notice that the number of reported cases that is successfully brought to court and where a sentence is passed only makes up for 10% of these cases. As I mentioned before, a criminal has a 90 per cent chance of getting away with crime.
This amending Bill is a step in the right direction. The FF Plus welcomes the fact that the government at least reached a stage where it realised that drastic steps need to be taken. I certainly have some criticism. The question is: Why did we have to wait so long We have been waiting for years, so to speak, to say that the incidence of crime should be looked at urgently?
It does not help for the Minister of Police and his personnel to work hard to catch criminals and then their hands are tied when they need to carry out certain investigations. That is also true. It is said that the public may now perhaps get the impression that, since fingerprints could now also be checked with the Departments of Home Affairs and Transport, a criminal would be traced much quicker. Indeed, we may have the legislation in place, but it does not help if the computers are not compatible because then it cannot be done quickly.
It would imply that contact have to be made with a person within Home Affairs, but the FF Plus would like to see that the computer system is of such a nature that it would be possible to follow up immediately. Depending on the crime, reference is made to the critical 24 or 36 or 48 hours thereafter. This legislation is a step in the right direction for making it possible to identify, investigate, and arrest criminals quicker. I thank you.
Mr G LEKGETHO: Chairperson, hon Ministers, Deputy Ministers, Members of Parliament...
SA Communist Party, Cosatu and Sanco [Laughter.
Baagi naga ka bophara, ke a lo dumedisa. [Citizens from the length and breadth of our country, I greet you all.
The Policing the Transition document of the ANC recommended that the SAPSs' capacity be strengthened through training to ensure more effective, investigative and technical skills so that our police would effectively perform their duties in the fight against crime and corruption. This position was later reaffirmed at the 2002 Stellenbosch National Conference.
In 2009, the ANC manifesto proposed that the forensic capacity of the SAPS be strengthened in order to help combat organised crime. The manifesto argues that in order to combat crime there is a need to establish a modernised, efficient and transformed criminal justice system.
This is to ensure increased capacity for fighting and combating crime, thus promoting a co-ordinated and an integrated approach to crime. In this regard, the manifesto prioritised the fight against crime and corruption. It articulates for the enhancement of police capacity through vigorous training on forensics, in particular, to capacitating detective services and crime investigation.
Similarly, the review of the criminal justice system has revealed the need to strengthen the forensic investigative powers and capacity of the police as a priority. South Africa has no specific legislation regulating the collection of fingerprints and similar evidence. There is a need to improve all the laws governing fingerprints and other pieces of law.
The Bill contributes to law enforcement policing through detections and making use of forensic evidence collected from crime scenes. This Bill is at the centre of the philosophy of partnership between the police and the community in the fight against different categories of crime.
In terms of the Bill, an expanded fingerprint capacity is an intelligence tool, particularly in crimes where detection is generally low, such as property crimes, and can lead to a significant increase in suspect-to-crime-scene matches. The Bill emphasises that fingerprints are used not only to prove guilt, but also to prove innocence.
The Bill relates directly to constitutional rights such as equality before the law; human dignity; freedom and security of persons; privacy; children; and arrested, detained and accused persons.
This Bill extends the police's powers not just by strengthening their own database collection and extending the capacity to store fingerprints of more than a limited number of convicted persons; it also enables the Criminal Record and Forensic Science Services of the police to have access to the databases of the Departments of Home Affairs and Transport.
Clause 1 amends the heading of Chapter 3 of the Criminal Procedure Act to ensure that the provisions thereto are not limited to accused persons only. The new section provides for the definitions of "authorised persons", "body prints", "child" and "comparative search".
The new section 36(B) provides for police powers in respect of the taking of fingerprints of accused and convicted persons. It provides for the compulsory taking of fingerprints from certain categories of accused persons and for the retention of such prints. Members are advised to read these amendments because of time constraints.
The Bill has a strong constitutional and political undertone. Politically it appears to strengthen forensic investigatory methods in order to promote the state's capacity to fight crime. There is a need to strengthen economic and political capacity of the developmental state in order to implement the current Bill appropriately in line with the national democratic revolution.
The state's capacity to collect and store fingerprints, body prints and photographic images is of vital importance to ensure accountability, the rule of law and social cohesion. The state's forensic power to fight crime should not suddenly be subjugated to a facilitating role, which would elevate the role of private forensics, as this often presents a risk to state power and national security due to the lack of accountability of such companies.
New scientific methods for crime fighting, information technology and confidential databases should be in the hands of the state as an institution which is accountable to its citizens. Our police must be equipped through training in forensic matters relating to the crime scene, as prescribed in the Bill, for public confidence in them to be strengthened.
In this regard, the police's existing forensic laboratories need to be strengthened and rolled out for all local police stations to have easy access to them so as to ensure that forensic services are consistently deployed at crime scenes.
This calls for community education on the forensic role after a crime has been committed to ensure that victims and witnesses of crimes do not unknowingly temper with the fingerprints, body prints and other evidential information at the crime scene.
In conclusion, this Bill is long overdue to strengthen our fight against crime. We believe that through this Bill we will be able to arrest criminal suspects, reduce court backlogs, improve conviction rates and combat crime. The ANC supports this Bill. Thank you.
Ms D A SCHÄFER: Mr Chair, it is very encouraging to note that, in approving this Bill, we are united across political lines in our desire to improve the tools that the police have to detect crime. Given the appalling detection rates such as a mere 15% for property-related crime, they can certainly use all the help they can get.
By providing the extension and enhancement of police databases of prints and photographic images, and for the compulsory taking of these in certain cases, this Bill will ensure that police have access to the biggest possible base for comparative purposes.
By enabling the police to have access to the fingerprints of 31 million citizens and 2,5 million of foreigners, which are retained by the Department of Home Affairs, as well as the 6 million thumbprints in possession of the Department of Transport, the ability to improve the detection rates of all crimes will be substantially increased. This, of course, is based on an assumption that the fingerprint evidence was correctly collected in the first place. However, as this is a definite step in the right direction, let us be positive today and not go down that road.
Whenever police have access to personal information, there is always the very real fear that the potential for abuse exists. The portfolio committee has been very mindful of this fear and we have imposed strict mechanisms for the retention, storage and control of these prints and images.
Firstly, the obligation is imposed on the national commissioner to take all reasonable steps to secure the integrity of the database. In addition, he and the committee of the directors-general of the Departments of Home Affairs, Transport and Correctional Services must, within six months of the commencement of this section, ensure that standard operating procedures regarding access to the databases of the respective departments and implementation of safety measures are developed. This is a very serious obligation, which we believe the commissioner will treat as such.
In addition, the seriousness with which the committee regards any abuse of prints or images stored in any of the databases is reflected in the fact that the penalty we have imposed for any contravention of this legislation, is a maximum of 15 years imprisonment without the option of a fine.
We trust that this will serve as a sufficient deterrent to prevent people from testing just how long the period of imprisonment will be if a court were to take into account the seriousness of our intention in this matter.
The retention of prints on the police database is also strictly regulated so that people who have not been convicted of a crime will not have their details retained on a criminal database. The prints of adults who are convicted of a crime will be retained indefinitely. Children who are convicted will have their prints retained indefinitely, but subject to the provisions relating to the erasure provided for in the Child Justice Act.
With the assistance of the Justice Department's legal advisors, we believe that this Bill is fully in line with the provisions of the Child Justice Act, and that children's rights are adequately protected. In the event that people are found not guilty, their convictions are set aside, or there is a failure to prosecute for any reason, the police are obliged to destroy the prints within 30 days after the officer commanding the division responsible for criminal records has been notified thereof.
An important new development in this Bill, as my colleague the hon Kohler Barnard has referred to, is that the comparison of prints may now also be used for the identification of missing persons and unidentified human remains. This can be an extremely valuable tool in a number of respects. Firstly, by being able to take the fingerprints of people who have lost their memory and comparing them with such a huge database, the police should be able to quickly reunite them with their families.
Secondly, being in a position to quickly identify bodies has two important advantages. If bodies can be identified more quickly, the chances that the perpetrator, in the case of criminal activity, will be more easily and quickly apprehended are significantly increased.
The inability to identify bodies can also have serious implications for the families of the deceased, as they cannot be declared dead. This then means that benefits payable to families, such as insurance policies, cannot be paid out, and estates cannot be wound up. Making it easier for the police to identify these bodies, therefore not only assists in solving possible crimes, but also has very real, practical benefits for the family members.
It is unlikely that we will see an immediate surge in the detection rates as this will be phased in, as my colleague has said. However, if we do not start somewhere, we will never get anywhere. The DA, therefore, is happy today to support this Bill. Thank you.
Ms A VAN WYK: Chair, to those who are looking for a catfight, I'd like to say that it's not going to happen today!
Hon Ministers and members, there can be no doubt in the minds of any of us that we need to use whatever technological advantages and developments that science brings to us in the fight against crime.
Law enforcement agencies should beat the technological advances that criminals are using in the commission of their crimes. That means that the criminal justice system should be on top of scientific developments in the field of forensics, whatever the crime. Technology changes the way crimes are committed and, as a result, should change the way in which crime is combated.
Today, in this House, as we debate a Bill that would give the SAPS access to the databases of other government departments that store fingerprints, scientific developments are already talking about "bacterial fingerprinting" and "brain fingerprinting" crime as the next advances in forensic science's contribution to the fight against crime.
A crime can occur anywhere, at any time, night or day. It can happen in a place and at a time where there are no witnesses present. Sometimes, the only witnesses present are the clues that are left behind at the scene.
It is the crime scene investigator who collects these clues, which are sometimes things that cannot be seen with the naked eye. It is forensic science that converts these clues into evidence that allows the detective to track the perpetrator, and it is the prosecutors that will use this evidence in the courts of law to ensure that criminals are taken off our streets and that our communities become safer places.
Chair, the Bill is a further step in the ANC's resolution and commitment to the people of the country to create an environment in which people are, and indeed feel, safe. As indicated by others in the debate, this Bill gives the SAPS access to run comparative searches against the databases of the Departments of Home Affairs, Transport and Correctional Services.
This will immediately improve the possibility of the police identifying a suspect if they can retrieve fingerprints from the scene of a crime. This brings us to one of the first requirements for the successful implementation of the legislation: In order for the legislation to make an impact on apprehending and convicting perpetrators of crime, the SAPS will have to ensure that our crime scene investigators are properly trained and that those who are the first on the scene understand and know fully how to preserve a crime scene. Without these supportive actions, the Bill becomes paper filled with good intentions.
I will be dealing with the storage of prints; the comparative searches against other databases; the national instructions relating to the collection, storage, maintenance, administration and use of prints and photographic images; as well as the security measures on the integrity of information on the database.
Clause 15 of the Bill obliges the national commissioner to ensure that any fingerprints, body prints or photographic images are stored, maintained, administered and are readily available, whether in electronic or other form. This clause of the Bill prescribes that the fingerprint database must be located within the division of the service that is responsible for criminal records. It is important that our fingerprint laboratories have proper protocols and effective and efficient training programmes in place, which would put the work conducted in them, above any dispute.
The Bill also gives effect to the Sex Offenders Register. Clause 15(2) directs the national commissioner, or his delegate, to ensure that the fingerprints and photographic images of perpetrators whose names must be included in the National Register for Sex Offenders, are taken and dealt with according to the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007. This clause will thus ensure that the Sex Offenders Register is populated.
The clause further makes it a crime for any person to use or allow the use of fingerprints, body prints or photographic images for anything other than the detection of a crime, investigation of an offence, the identification of missing persons, the identification of unidentified human remains or the conducting of a prosecution. Any person who is found to be tampering with or manipulating the process, or falsely claiming that prints are from one person while knowing they are not, will be guilty of an offence and can be imprisoned for a period not exceeding 15 years.
The Bill, under clause 15(b), gives the SAPS the right to run a comparative search - and I think the fact that it is a comparative search is an important point - against the database of the Departments of Home Affairs or Transport, or any other department within the national sphere of government. So should other departments have databases, those are covered as well.
This simply means that, while the SAPS can currently compare a fingerprint found at a crime scene only with those on their own database, the Bill now allows them to run the print against other existing databases, thereby increasing the chances of identifying the person.
These comparative searches can only be done for the purpose of a crime investigation, for the identification of a missing person or for the identification of unidentified human remains. Doing so for any other reason, or manipulating or tampering with the fingerprint, is declared an offence punishable by imprisonment for a period not exceeding 15 years.
The committee felt that a strong message must go out that the abuse of these prints will not be tolerated and that the integrity of fingerprints as evidence must be protected. We believe that this message is clearly conveyed through the harsh sentences proposed.
The commissioner, in consultation with the Minister, must within six months after the commencement of the Act, issue national instructions. The instructions can address all aspects that are necessary for the implementation of the Act, but must include the following: How to deal with the collection of prints and photographic images; instructions that deal with the storage, maintenance and the administration thereof; how the information collected must be handled; and the manner in which all statistics in this division must be kept concerning all information collected, stored and analysed, including the recording and storage of all exhibits collected from a crime scene.
Furthermore, the national commissioner must develop training courses on the national instructions and ensure that adequate training takes place within the police.
Chair, this is of the utmost importance. We need to establish a uniform way to deal with these prints at every one of our stations. A minimum operational standard needs to exist in order to ensure that evidence used in our courts cannot be challenged or rejected because of the way it was collected, stored or analysed.
We want to make sure that this Bill improves our crime-fighting capability by convicting the guilty and ensuring that the innocent remain exactly that.
The integrity of the information on the database is paramount. In clause 15(d), the Bill provides for the necessary measures that must be taken on a technical and organisational level to ensure the protection of the integrity of the database. This will ensure the prevention of the loss, damage or unauthorised destruction of the information on the database. It also ensures that only authorised access to the database takes place and that data are used only for the legitimate purposes set out in the legislation.
It further places a responsibility on the national commissioner or his delegate to ensure that they identify all reasonable internal and external risks to the information on the database. Appropriate safeguards must be put in place against those risks identified, and they must regularly ensure that those safeguards are effectively implemented and updated in response to new risks identified or deficiencies identified in safeguards already implemented.
Due regard must be given to the general information security practises and procedures of the department. The importance of this aspect cannot be overemphasised. Backlogs and systems that are down create a serious threat to the integrity and efficiency of this tool in the fight against crime.
This means that everything humanly and technically possible must be done in order to limit and eliminate such problems. It would be good, in preparation for the full implementation of the Act, to do a process analysis and determine where processes can be improved. Downtime, for instance, can be limited by ensuring that automatically scheduled updates and backups of the system take place. This can be done after hours, over weekends, without human intervention and, though the system might be slower at the time, it will prevent downtime or system crashes. We can ill afford that to happen.
The last part of the Bill deals with the standing operating procedures that must be agreed upon between the SAPS, the Departments of Home Affairs, Correctional Services and the national Department of Transport. The Bill instructs the directors-general of these departments, under the chairpersonship of the national commissioner, to agree on the standing operating procedures within six months after the commencement of the Act. The standing operating procedures should address access by the SAPS to these departments' databases for the purpose of comparative searches and the implementation of safety measures to protect the integrity of the information contained on the relevant databases.
Again, this is of the utmost importance since information on the databases of the other departments includes information of innocent people and information on individuals not relevant to the purpose of this Bill. This, hon Groenewald, is why they cannot have free access to other departments' databases. If you had bothered to attend the meeting you would have known that. That is why it is not relevant for the purpose of this Bill. They don't need free access to those databases. SAPS's interaction with these databases should be limited to establishing a hit and identifying the person the prints represent. Any further access would be unnecessary and unlawful.
This Bill - which is supported by the ANC - is a further step, as promised in our 2009 Manifesto, toward establishing a modern, efficient and transformed criminal justice system. It further gives life to our contract that we will increase the capacity of the detective services and forensics. It illustrates the ANC government's commitment to fighting crime with everything available to it.
While I have a few minutes left, just allow me to deal with a few issues. Mr Ramatlakane shouted a lot. That's what happens when you've got too much time and you have only prepared for and are used to two minutes. Now, suddenly, you have more. Mr Ramatlakane said that they will not support the "shoot to kill" policy. There is no such policy, so I am actually glad to hear that. Unlike Cope, the ANC also does not have a policy that says, "Bash a head to lead". [Laughter.
I would like to say to the UDM: If you had actually read the Bill, you would have seen that there are checks and balances in it to address exactly the concerns that you have raised. It is incredible how people cannot attend one single meeting on a Bill that has been in process for more that two years, and then stand up here in this House and try to make a speech as if they are the people who actually know what is in the Bill!
Agb Groenewald, as jy, soos die res van ons, so bekommerd oor misdaad in hierdie land is - wat ek glo jy is - wil ek jou graag uitnooi om die daad by die woord te voeg, en om 'n slag of wat die komitee te kom bywoon, en om daar te probeer om 'n verskil te maak. Dit sal waardeer word. Dankie. (Translation of Afrikaans paragraph follows.
[Hon Groenewald, if you, like the rest of us, are so concerned about crime in this country - which I believe you are - I would like to invite you to suit the action to the word, and to attend the committee on some occasions and try to make a difference there. It will be appreciated. Thank you.
Mr P J GROENEWALD: Voorsitter, die agb lid het al klaar weggestap. Ek wou vir haar 'n vraag gevra het, maar siende dat sy klaar weg is sal [Chairperson, the hon member has already walked away.
Chair, I want to raise a point of order: I have listened to hon Diane Kohler-Barnard and hon Anneliese van Wyk. The manner in which they delivered their speeches was so calm that I think they must have taken some or other drug, and I want to know whether that is parliamentary. [Laughter.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon member, that is not a point of order.
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, I would like to thank all political parties for supporting this Bill and also the House for its enthusiastic support of the Bill. I thank you.
The Bill was read a second time.
The MINISTER OF SOCIAL DEVELOPMENT: Chairperson, hon Ministers, Members of Parliament and guests, I want to thank you for this opportunity to speak at the second reading of the Social Assistance Amendment Bill.
The mission of the Department of Social Development is to enable the poor, the vulnerable and the excluded within the South African society to secure a better life, and to do so in partnership with them, as well as those who are committed to building a caring society.
To give effect to this mission statement, the Department of Social Development provides a range of welfare services, developmental services and social security programmes. We can say without equivocation that these programmes have had a significant impact on the lives of the poor, destitute and vulnerable. Our programme on social assistance continues to improve the consumption capacity of the poor and contributes positively to their wellbeing.
The cash transfer system has enabled millions of our people to meet their basic needs, and has empowered all these millions to invest in the future of their children through education. Whilst continuing to expand the reach of our programmes, we continually work towards improving the management and administration of social assistance to ensure that we pay the right person the right grant amount at the right time.
It is in pursuance of this objective that we reviewed the reliability and validity of the instruments used for the assessment of disability. We are also determined to ensure that all our administrative systems are geared towards treating the beneficiaries of our services with dignity and with due consideration for administrative justice. We, therefore, also carefully considered whether the application to the approval process within the SA Social Security Agency, Sassa, was just and fair.
It is in the light of these assessments that we sought to make changes to the administration of certain aspects of our social assistance programmes through the Social Assistance Amendment Bill. We sought to amend the definition of "disability", so that we are better placed to identify people who are permanently disabled, those who are temporarily disabled and those who suffer from chronic illnesses.
The current definition leaves too much discretion to individual medical practitioners and Sassa officials, resulting in significant variations in the way people are assessed for the purpose of receiving disability grants. This has resulted in people who are chronically ill qualifying for permanent and temporary disability grants. In some cases, people who are, indeed, permanently disabled were not able to receive support from the state based on the outcome of a medical assessment.
We have, therefore, introduced to Parliament the Social Assistance Amendment Bill with a view to redefining "disability" and implementing the Harmonised Assessment Tool, Hat. The intention behind these amendments was to provide a more rational and less arbitrary means of assessing disability through limiting the discretion of individual doctors and our officials.
With respect to enhancing administrative justice within our administration, we proposed the amendment of section 18 in the original Act as amended, or the Social Assistance Act of 2004 with a view to improving the review process by having more senior officials in Sassa reassessing the decision made by junior officials who have declined an application for a grant.
These proposed amendments were approved by Cabinet and duly submitted to Parliament for further deliberations and public participation. Let me state that when Cabinet approved the amendments as discussed, we also approved a process wherein the Department of Health would develop a strategy to manage the chronic illnesses.
I must admit that the Parliamentary process was very robust, and significant submissions were made by civil society organisations on their concerns and wishes about the proposed changes to the Social Assistance Act.
We are satisfied that the Portfolio Committee on Social Development approached this matter carefully and holistically, reflecting on the impact of such policy amendments and, therefore, proposed that those policy areas that have not been addressed by the Department of Health should first be dealt with before we pass this amendment.
The portfolio committee also called on the Department of Health to present the case regarding readiness from the perspective of the department. I should say at this point that it is possible that we did not fully appreciate the scale of work that needed to be done by the Department of Health to develop a detailed response to dealing with chronic illnesses.
In this instance, the changes that we proposed would have had the effect of removing from the grant system significant numbers of people who, due to their being chronically ill, were accessing the disability grants without the Department of Health's response to those who would fall out, through combating chronic illnesses and also through primary health care which will ensure access to heath services, amongst other things.
The Minister of Health emphasised that managing chronic illness effectively cannot be separated from improving the primary health care system. Given the level of work needed by Health to develop its capabilities to manage chronic illnesses, we accept the portfolio committee's recommendations that they refer the sections of proposed amendments pertaining to the definition of disability and related matters back to Cabinet.
Indeed, as a department deeply concerned with the wellbeing of South Africa's most vulnerable groups, we welcome this development. If the amendments went through without the appropriate response from the health system, many people might have been left without any form of support from the state.
I am thankful that the checks and balances imposed by robust committee debates have made us aware that even the most noble intentions could have negative, albeit unintended outcomes. We are, however, pleased that Parliament has decided to adopt some sections of the Bill which will make the administrative process fairer and more responsive to our clients.
The amendments will enable Sassa to reduce the backlog in the appeals system and expedite the process of reconsideration of a decision to decline an application for a social assistance grant.
The Ministers of Social Development and Health will revert to Cabinet to discuss how we aim to proceed with the management of disabilities and chronic illnesses. I trust that civil society organisations that engaged us on this matter will also use their similar legislative advocacy skills and resources to assist in the passing of good policies and laws, such as the proposed National Health Insurance, NHI, and other comprehensive social security measure.
In conclusion, I want to thank the Chairperson of the Portfolio Committee on Social Development and all the committee members for processing this Bill through the public hearings in Parliament. We accept the deferring of clauses dealing with the definition of "disability" and related matters and also the passing of the remaining two clauses of this Bill. I thank you. [Applause.
Ms Y R BOTHA: Hon Chairperson, hon Ministers and Deputy Ministers, hon members, comrades and friends, the purpose of the Bill, when it was tabled by the Minister of Social Development, was to amend the Social Assistance Act of 2004, so as to have a definition for "disability", and to regulate the application process for the grant.
Furthermore, it aimed to regulate the work of the agency to reconsider the decisions it took with regards to grants; to clarify the process of appeals against the decisions of the agency, and also to effect certain textual corrections, and to provide for matters connected therewith.
Now, as we all know, one of our key and effective antipoverty programmes implemented since the establishment of democracy, is the Expanded Social Assistance Programme. Since then, the number of beneficiaries receiving social grants has increased from fewer than 1 million in 1994 to 14 million today. This is indeed a monumental achievement, given that the programme is focusing on the most vulnerable members of our society, who are the children, women, the disabled, orphans and older people.
The committee had public hearings in Parliament that were attended by various stakeholders. Most of the stakeholders raised concerns about the state of readiness of our health system to assess disabilities, and the fact that the definition, as it stands in clause 1 of the Bill, excluded people with chronic illnesses. They also lobbied us for a chronic illness grant of R1 000 a month.
Now, chairperson, there are currently 1,4 million South Africans on the disability grant programme. Disability is determined through a medical process which is done by doctors in the public sector and in the private sector. About 230 000 beneficiaries are in receipt of a temporary disability grant. This grant is defined as a grant that will last for a period of more than 6 months but less than 12 months.
The grant processes have been complicated for a very long time now, and that needs to be addressed. One of the contributing factors lies in the lack of uniformity of assessment methods, which results in errors of inclusion or exclusion. By this I mean that there are people who are receiving the disability grant, but who are not eligible or entitled for such a grant, because they are simply not disabled.
We are further well aware that many of these people are poor and unemployed, and as a result are manipulating the system by collaborating with the doctors in their area, because of lack of income support to these unemployed people.
Let me give you an example, let us take a Dr Van Wyk who knows a Mr Khumalo very well, and this Mr Khumalo has a condition called asthma. His asthma can be managed through appropriate medication and he can still enter the labour market. Now, in medical terms asthma is regarded as a chronic illness and not a disability.
A chronic illness can be defined as an illness that is prolonged, and would not be resolved spontaneously, but can be cured completely. A person with a purely chronic illness alone cannot be deemed to have a disability. Yet Dr Van Wyk would classify Mr Khumalo as disabled for the purpose of the opportunity to receive the disability grant, because he is sympathetic to him, as Mr Khumalo is unemployed and lives in poverty.
Hon Chairperson, the opposite can also be true. There are instances where a person who has asthma goes to the same doctor, but that doctor does not classify that particular person as disabled despite the person being poor and unemployed. I am sure that you will agree that such a practice opens the social grant system to fraud and abuse, and in the long run it undermines the integrity of the system.
Now, in view of this challenge, some time ago Cabinet approved a definition of disability for a disability grant and free health care to address this challenge. The Bill as tabled sought to activate that particular definition. During the public hearing, as I said earlier, the stakeholders consistently raised the issue of exclusion rather than inclusion.
As the Portfolio Committee on Social Development, we also invited the national Department of Health to explain to us the sector's readiness to implement the Bill since its medical officers and other health professionals have a responsibility to use the health assessment tool when they assess disability; and we wanted also to ascertain their state of readiness to dispense chronic medicine, as the Minister said.
I want to commend the department for their open and frank approach to the matter. They, together with the provinces, are in the process of strengthening their primary healthcare facilities in order to timeously dispense medicine, although the shortage of healthcare professionals is also one of their challenges. The committee report, if one looks at it, actually elaborates on this matter in detail.
Now, since we are the Parliament of the people, and especially an activist parliament, we have listened to the people. We have, therefore, decided that only the clauses that have unintended consequences be considered, as well as the clause that deals with the appeals process of the agency.
The committee has rejected the clauses that define "disability" and other clauses that are related to it, and have referred them back to Cabinet for reconsideration. Both the Department of Social Development and the Department of Health must keep the committee abreast on their progress with regard to the state of readiness of the said clauses. The committee will obviously monitor their progress in this regard.
To amend the Social Assistance Amendment Act 2004, so as to enable applicants and beneficiaries to apply to the agency to reconsider its decision; to further regulate appeals against decisions of the agency; and to effect certain textual corrections and to provide for matters connected therewith.
There should be a distinction in the definition of "disability" for children and adults. Also, there should be an assessment tool for the care dependency grant. The department has assured that there is a draft that is ready, but it has not yet been approved by the executive. The draft assessment tool for the care dependency grant determines disability and the extent to which a child requires care and support.
Let me comment on the issue around corruption, because as far as the social assistance grant is concerned, the definition of "fraud" is thrown loosely around, and there are also some allegations. I now want to use this opportunity to commend the Minister and the South African Social Security Agency for the fact that 13 000 public servants and civilians have been convicted of swindling the state about R191,3 million through fraudulent welfare grant claims.
I want to laud them for their action of actually tracking those people down and having them prosecuted so that they can pay back the money to the state. [Applause.
Sometime I get the impression that members...
verlang terug na die vleispotte van Egipte [... are longing for the flesh-pots of Egypt].
There was no such thing, and no issue around fraudulent grants. Those of us, who lived in communities where people got grants - if they were lucky - know about the schemes that were there. So far the department has recovered R56 million, and the committee will monitor Sassa closely to see whether they are recovering the rest of the money.
Most of the public servants supplied false information when they applied for social grants, so now that Sassa has access to the Government Pension Fund they can do runs with other government agencies. I am sure they can clean up the system thoroughly.
Obviously, when you have 14 million beneficiaries on the system you will have grantees that fall through the cracks and that come on to the system fraudulently, but when you do your checks and balances that is when you track them down. So the will to prosecute is commendable. It is obviously the right thing to do, and we hope that government will recover all its money.
In conclusion, the ANC supports the Bill as amended by the Portfolio Committee on Social Development. I thank you. [Applause.
Ms S P KOPANE: Chairperson, the level of unemployment is rising on a daily basis in our country. Women bear almost all the responsibility for meeting the basic needs of the families, yet they are systematically denied the resources and freedom to play such a role.
HIV and Aids are rapidly destroying our country. The current food price crisis has a severe impact on our nation. The level of desperation of our people also rises every minute. As we are seated here today, maybe we need to ask ourselves the question: What have we done to change the lives of our people, especially when there are those who go to bed with an empty stomach For how long do we expect these people to be patient while this government is failing to create employment, and while this government is also wasting millions of rands?
Let me take this opportunity to advise this august House that each and every government deserves the number of criminals it has. The power is in our hands to eradicate the number of social ills in our country.
Because of the level of desperation our people tend to manipulate or abuse the present systems to survive. During the public hearings, many of the organisations alleged that doctors solicited bribes.
Prince M G BUTHELEZI: Chairperson, I rise on a point of order.
The HOUSE CHAIRPERSON (Mr M B Skosana): Is that a point of order, hon member?
Prince M G BUTHELEZI: Chairperson, I don't know whether I'm sleeping or not because the noise reminds me of a visit to a beer hall in Munich. [Laughter.] I don't know whether we are still in the House.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon members, please let's lower our conversation so that other members are able to hear the speakers. Continue, hon member.
Ms S P KOPANE: This implies that people were forging cases to get grants and some HIV/Aids patients and chronic illness patients were deliberately not taking their medication as prescribed by the doctors so that their conditions could deteriorate, and as a result their grants would not be terminated.
Presently there are 13 million people receiving grants in our country. About 1,4 million receive disability grants that cost about R16,9 billion. If all the departments within the social cluster, including the Department of Health, could take their responsibility seriously it would reduce the burden facing the Department of Social Development.
This picture clearly shows how many people are solely depending on social grants as a source of income, but it is not a sustainable solution at all.
Setjhaba se hloka mosebetsi e seng diphuthelwana tsa dijo. Batho ba rona ha ba rate ho ba mekopakopa. Mosotho wa kgale o re "mphemphe e a lapisa, motho o kgonwa ke sa hae." [The community needs jobs and not food parcels. Our people do not like to be beggars. A Mosotho man once said "begging will make you go hungry, one should be satisfied with what one has."
However, the Social Assistance Amendment Bill was an attempt to deal with the definition of "disability", which is a very complex matter. There was a need to decide to review the existing legislation after noticing a significant increase in the uptake of applications for disability and care dependency grants.
Upon closer scrutiny it was discovered that the current definition of "disability" as defined by the law, included many people, who should be excluded, and vice versa, because there was a lack of uniformity in assessment methods. The Social Assistance Amendment Bill aims to define what exactly constituted disability and who should and who should not benefit from a disability grant.
One of the criteria used in terms of the new Bill is to determine whether a person has a disability or whether a person is able to enter into the labour market. The underlying principle of the Bill was that it will bring about the correct selection and targeting for eligibility for disability grants and a free health care. The harmonised assessment tool will facilitate the uniform assessment and will significantly reduce disability grant fraud.
Section 18 as it stood, only permitted applicants or a person acting on their behalf to appeal against the decision of the agency relating to any matter regulated by the Act. This section did not permit beneficiaries whose grants had been terminated or suspended to appeal against any decision of the agency. According to the agency, relating to any matter regulated by the Act, a beneficiary thus had no choice but to approach the courts for a review.
The amendment to this section will allow a beneficiary to appeal against a decision by Sassa. The amendment also allows Sassa to reconsider the decision by means of an internal review process.
The constitutional implication is that people with chronic conditions, once this tool has been implemented, will no longer qualify for the disability grant as is currently the case. The exclusion is not intentional, but is a means to address the effective identification of disability.
On 18 May 2010, the Department of Health made a presentation before the committee on the state of readiness to implement the Harmonised Assessment Tool, but to our surprise the department reported that they were not ready to implement the tool to assess patient eligibility for disability grants due to a shortage of trained health professionals who could use the tool. They further acknowledged that the Primary Health Care System needs to be strengthened.
According to Chapter 2 of the Constitution, the Bill of Rights, the Department of Health must ensure that everyone has a right to have access to sufficient food, water and social security, including - if they are unable to support themselves and their dependants - appropriate social assistance. Furthermore, the state must take reasonable legislative and other measures within available resources to achieve the progressive realisation of each of these services.
The current state of the primary health care has deteriorated a hundredfold. Therefore, the shortage of staff, equipment and other sources has posed a high risk and many challenges to primary health care. Given the abovementioned concerns, the committee, therefore agrees not to approve the clause defining "disability" and the related clauses.
In conclusion, the DA demands that the Department of Health must come up with a clear time frame to state exactly when they are going to be ready, so that the Department of Social Development can approve the amendments of the Bill. Thank you.
Ms N P GCUME: Chairperson, all Acts of Parliament have unintended consequences and therefore schedules have to be regularly amended. This amendment Bill became necessary because of inadequacies in the definition of disability. This led to a lack of uniformity in assessments methods, which in turn led to budgeted amounts for disability grants being exceeded.
Cope believes that the definition of disability in the Amendment Bill will work better, but a question remains: Will the 400 trained officials whom the department trained at a cost of R462 683 be able to uniformly determine whether an applicant has a moderate to severe limitation to his or her ability to function as a result of physical, sensory communication, intellectual and mental disability making it impossible for such a person to obtain the means for maintenance or employment?
Government will have to institute some kind of peer review to ascertain whether provinces were assessing disability uniformly. Presently, the corrupt practices of South Africa also need to be taken into account. Each of the 400 health facilities that will be set up across the country in support of this Act will have to be regularly audited in order to contain irregularities and corruption.
Officials who have been trained to assess disability should be routinely transferred to other centres so that corrupt practices do not become rooted. We also want to urge the hon Minister to present the portfolio committee with a review of this amendment 12 months after it has been enacted. We need to gauge whether the amendments we are making have, in fact, been effective.
As we are now operating on the basis of a fiscal deficit it is imperative that we keep government expenditure in check. In two years time, the cost of servicing government debt will have risen to over R100 billion. As with Greece, the deficit is going to have serious consequences for our economy.
Furthermore, as the present government is using debt to pay for consumption, not infrastructure development, we can expect resources to become very constrained in the months and years ahead.
The amendment of section 18 of the Principal Act is a great improvement as it allows for self-correction through an appeal of the agency itself. It is very important that the agency fully comprehends the nature of due process and will be able to handle appeals with juridical capability and medical competence.
To obviate litigation is always a preferred way of settling disputes. The courts must always be the final recourse. Litigation is horrendously expensive.
It will be of great importance to Parliament if appeals are analysed to get to the bottom of the problem. If the same problem is continually surfacing from a certain office, area or individual, the department can deal with the root cause quickly and effectively. As a member of the portfolio committee, I urge the hon Minister to ensure that an analysis of appeals takes place routinely and that we are kept in the loop.
Finally, I come to the question of the appointment of a tribunal. In Japan there is an agreement that it is better to take 90 days to plan and 10 days to execute the plan. In the West, planning takes 10 days and the execution takes 90 days. I am making this point that if officials in the provinces do their job well and thoroughly and provide the applicant, who has been turned down, with a detailed explanation it will help to ease up the appeal process and save the Minister from having to appoint an independent tribunal.
In our view the agency itself should never disqualify any applicant without a second opinion and some kind of peer review. Every disqualification should be made as watertight as possible. If an appeal succeeds it will simply mean that someone has not done his or her work properly.
While we support the Bill, we trust that the Minister will keep us in the loop as we have requested. It is very important for us to know whether the amended Act is moderately or substantially better than the Principal Act. Thank you.
Ms H N MAKHUBA: Chairperson, in South Africa we have a situation in which 82% of the population is classified as being poor, with poverty levels ranging between 50% and 80%. Unemployment is the root cause of poverty in our country. Inequality is another issue driven more by wage disparity than unemployment.
By 2010, over 13 million people would have received social aid assistance. The question of sustainability is of concern, with some economists saying that South Africa is already the largest welfare state in the world. The problem that we are currently vexed with from a social assistance point of view is how to create a situation in which self-reliance will be promoted and not sole dependency upon state social aid relief.
However, social security is a socioeconomic right that is underwritten by our Constitution. Therefore, we are duty bound to ensure that it fulfils its purpose of financially assisting our most vulnerable and poverty stricken. The Department of Social Development is at the forefront of poverty alleviation and must have the correct legal instruments with which to fulfil its mandate, both effectively and efficiently to the poor and poverty-stricken of our country.
The current Amendment Bill seeks to provide the applicant with greater powers in terms of the appeals procedure, as well as empowering the beneficiaries of social aid grants with the right of appeal to the agency for reconsideration of its decision in respect of a grant, before appealing to an independent tribunal.
The addition of the beneficiaries to the appeal procedure is most welcome because it enables beneficiaries to institute appeal proceedings independently or on behalf of the applicant, thus, once again ensuring a "cover all" clause for social aid relief.
When people living below the poverty line apply for social aid, they are already in a desperate state of affairs. These amendments allow for the expediting of appeals in such matters, thus enabling the government to provide real-time assistance to people in need.
Enjoyment of the right to an adequate standard of living and social protection is of critical importance to the people of South Africa. Regulating the appeals to independent tribunal will also greatly assist in streamlining the procedure, thus providing more effective delivery of aid by the department.
The above is in line with the international norms and conventions, such as the UN Convention of the Rights of Persons with Disabilities and certain constitutional imperatives of our own Constitution, such as Section 33, which ensures just administrative action. This accordingly makes the amendment of this Act a very necessary one.
The IFP supports the amendment to the Social Assistance Bill. I thank you. [Applause.
Ms C DUDLEY: Chairperson, the need for the amendment to the Social Assistance Bill was realised when the 2003-04 uptake of disability grants, spiked at more than three times the projected figure for that period.
An investigation was done to establish the cause of this sudden increase. The core findings were that there was no common definition for what constituted a disability, and that there was no uniform assessment, method or tool to determine whether a person had a disability. This situation resulted in errors of both inclusion and exclusion.
The Social Assistance Amendment Bill was an attempt to deal with the definition of "disability", which is an extremely complex matter. One of the criteria used in terms of the proposed Bill to determine whether a person has a disability, was whether he or she was able or not able to enter the labour market.
It seems as if that contentious issue was not going to be decided for now. Very real concerns were raised regarding current recipients of disability grants being disqualified from receiving a disability grant in terms of the proposed definition and that it could have led to more litigation against Sassa and the Department of Social Development.
The ACDP is of the opinion that the definition of "disability" should be exclusively in relation to social grants and not a broad definition. In discussing social assistance in the context of disability, the ACDP would like to draw attention to the present situation where children with disabilities are excluded from receiving social grants until they turn 18 years.
This is because their caregivers receive R280 per month. It is clearly an impossible situation as no one in their wildest dreams would think that a child with a disability could be cared for on that amount. The ACDP will be supporting this Bill as it is amended. I thank you. [Applause.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, before I call the next speaker, some members were assisting me. I heard some members saying, "Shh! Shh!". Hon Ellis, this reminded me of primary school, where you had a monitor or prefect.
Every time when the teacher left the class, he would appoint a monitor or prefect. Some people loved the job of being a prefect or monitor. When the monitor or prefect was sitting there and someone spoke, he would look at the person and they kept quite. The monitor used to look to the side and then quickly look at one again. Then they would write your name down. [Laughter.] The Chairperson is not like that. Therefore, I am not going to do it. [Interjections.
Amend the Social Assistance Act of 2004, so as to insert a definition to further regulate the eligibility for a disability grant; to enable applicants and beneficiaries to apply to the agency to reconsider its decisions; to further regulate appeals against decisions of the agency; to effect certain textual corrections; and to provide for matters connected therewith.
Die hantering van so 'n belangrike stuk wetgewing wat die lewens van so veel arme mense diep raak, was betreurenswaardig en uiters swak. Advertensies rakende hierdie stuk wetgewing, wat veral die armes in verafgeleë plattelandse gebiede raak, was geadverteer in koerante soos die Mail & Guardian en Sunday Times, om slegs twee koerante te noem, teen 'n koste van plus-minus R94 000.
Hierdie belangrike advertensie het toe, nogal, ook oor die Paasnaweek geskied.
Slegs plus-minus ses instansies het voorleggings vir bykans 1,4 miljoen begunstigdes gemaak.
Onnodige ritte na Kaapstad deur die Departement van Maatskaplike Ontwikkeling was onderneem om voorleggings aan ons komitee te doen, wetende dat die afwesige Departement van Gesondheid 'n leidende rol in die implementering van hierdie stuk wetgewing sou speel.
Na bykans vier sulke ontmoetings, het die Departement van Gesondheid uiteindelik hul opwagting gemaak. Die departement se situasie was baie duidelik uitgespel. Ek haal dr Pillay aan toe hy baie eerlik en opreg die volgende gesê het: (Translation of Afrikaans paragraphs follows.
The handling of such an important piece of legislation, which profoundly affects the lives of so many poor people, has been deplorable and exceedingly poor. Advertisements regarding this piece of legislation, which mainly affects the poor in remote rural areas, were placed in newspapers such as the Mail & Guardian and Sunday Times, to mention just two of the newspapers, at a cost of approximately R94 000. This important advertisement was then, unbelievably, published over the Easter Weekend.
Only about six institutions made submissions on behalf of almost 1,4 million beneficiaries. Unnecessary trips to Cape Town were undertaken by the Department of Social Development to make submissions to our committee, with the knowledge that the absent Department of Health would be playing a leading role in the implementation of this piece of legislation.
After about four such meetings, the Department of Health eventually made their appearance. The Department of Health's situation was clearly spelt out.
We are not in any way close to rendering quality healthcare.
Thanks to Dr Pillay for the honesty shown rather than him pretending that everything was in order and that we could proceed. We do want to proceed, but under better conditions.
Implementation of legislation plays a pivotal role in getting systems up and running. The Department of Health can in no way implement what is expected of them in the Bill, bearing in mind the tremendous shortages of health professionals and resources, especially in primary health care.
Voorsitter, die Wet op Maatskaplike Bystand, Wet No 13 van 2004, wat net voor die verkiesing geteken was, nogal, het duidelike oogmerke uitgespel. Ek herinner graag die departement daaraan: eerstens, om vir die administrasie van maatskaplike bystand en betaling van maatskaplike toelaes voorsiening te maak; tweedens, vir maatskaplike bystand voorsiening te maak en die vereistes om daarvoor te kwalifiseer te bepaal; derdens, om te verseker dat minimum norme en standaarde vir die lewering van maatskaplike bystand voorgeskryf word; en laastens, baie belangrik, om vir die instelling van 'n inspektoraat vir maatskaplike bystand voorsiening te maak.
Die vraag is dus nou as volg: Is hierdie inspektoraat ooit geïmplementeer As dit nie geïmplementeer is nie, waarom nie Wie was die uitvoerende direkteur van hierdie inspektoraat Mag ons miskien nou weet of iemand ooit in die pos aangestel was Sou dit, soos saamgevat en uiteengesit in hierdie wetgewing, plaasgevind het, kon deeglike monitering, wat onafhanklikheid teweeg sou bring, plaasgevind het?
Sodoende, kon die volgende probleemareas betyds identifiseer word: eerstens, die misbruik van maatskaplike toelaes wat op 'n grootmaat plaasgevind het en baie ekstra administratiewe tyd en geld van die departement geëis het; tweedens, kon korrupsie in die departemente wat selfs deur hul eie personeel gepleeg is, bekamp word, soos daarna verwys word deur die voorsitter van ons komitee. Miljoene rande het in die proses verlore gegaan.
Derdens, die agterstand van die aangestelde tribunaal, wat gruwelik misluk het, sou betyds aangespreek en reggestel kon word, en hofsake sou vermy kon word.
Laastens, heel moontlik sou hierdie wysiging van wetgewing nie eers nodig gewees het nie.
Voorsitter, ek weet dat niks vir altyd dieselfde kan bly nie, en dat aanpassings van tyd tot tyd gemaak moet word om stelsels te laat werk. Maar om wetgewing te onderteken en dan in argiewe te bêre - en hier verwys ek veral na die 2004 stuk - bring geensins voorspoed of hoop vir veral die armes wat so swaar op ons steun nie. Baie dankie. (Translation of Afrikaans paragraphs follows.
Chairperson, the Social Assistance Act, Act No 13 of 2004, which was, in fact, signed just before the elections, at that, outlines clear objectives. I would like to remind the Department of Health thereof: firstly, to provide for the administration of social assistance and the payment of social grants; secondly, to provide for social assistance and to determine the qualification requirements thereof; thirdly, to ensure that minimum norms and standards are prescribed for the delivery of social assistance; and, lastly, very important, to provide for the establishment of an inspectorate for social assistance.
The questions are, therefore, as follows: Was this inspectorate ever established If it wasn't, why wasn't it established Who was the executive director of this inspectorate May we now, perhaps, be informed as to whether anyone had ever been appointed in this position?
Had this transpired as embodied and explained in this piece of legislation, proper monitoring could have taken place, which would have brought about independence.
By so doing, the following problem areas could have been identified in time: firstly, the misappropriation of social grants, which took place quite extensively and required a great deal of additional administrative time and money; secondly, corruption in the departments, which was perpetrated even by their own staff, could have been controlled, as has been referred to by the chairperson of our committee. Millions of rands have been lost in the process.
Thirdly, the backlog by the appointed tribunal, which failed dismally, would have been addressed in time and could have been rectified, and lawsuits would have been avoided.
Finally, most likely this amendment to the Act would not even have been necessary.
Chairperson, I know that nothing can stay the same forever, and that adjustments have to be made from time to time to allow systems to function. But to ratify legislation and then to store it in the archives- and here I am referring to the 2004 document, in particular- doesn't in any way bring prosperity or hope for, particularly, the poor, who rely so heavily on our support. Thank you.
Ms H H MALGAS: Chairperson, I would like to greet the Ministers and all members of the House.
I don't think my speech is going to be very long because, at the moment all the parties that have spoken - the DA, Cope, the IFP and the ACDP - have supported the Bill.
I would like to thank this House for giving us the opportunity to present issues and concerns relating to the Social Assistance Amendment Bill which is before Parliament. As the chairperson said before, I would like to say that we are all aware of the fact that the grant system is not perfect and will require continual changes, from time to time, to adequately respond to the needs of our people.
To improve the provision of social assistance, Cabinet has approved the Social Assistance Amendment Bill, which is before Parliament today.
We know what the Bill seeks to attain by allowing applicants and beneficiaries an opportunity to request the South African Social Security Agency, Sassa, to reconsider decisions, before they appeal to the independent tribunal. It is in order to expedite the resolution of agreements between applicants, beneficiaries and the agency.
It also allows beneficiaries an opportunity to appeal a decision of the agency. It makes provision for the appointment of an independent tribunal in a manner prescribed by the legislation. Lastly, as the chairperson and other speakers have said, the Bill seeks to insert a definition of "disability".
As the ANC and the ANC-led government, we are aware that we have made it clear that it is important to provide income support to all those who are disabled and who, as a result of their disability, are unable to enter the job market.
The chairperson and other people present here spoke about the public hearings, so I won't speak about them or the state of readiness of the Department of Health to implement their assessment team. Chairperson, in conclusion I would rather speak about the desirability of the Bill before I pass a few remarks.
Concerning the desirability of the Bill, we, the committee, would like to request the House to reconsider some clauses of the Bill, in order to address unintended consequences. Our proposal, as the Social Development Portfolio Committee, is, firstly, that the definition in the disability clause be completely withdrawn from the Amendment Bill before this House.
Secondly, seeing that there were no objections to the other clauses, our proposal is that the generic correction in section 5 of the Principal Act and the request on the reconsideration for the right to appeal, as well as the consideration of the decision by the agency for appeal in sections 14 and 18 of the principal Act, be adopted.
As I put it in my speech, we therefore would like Parliament to consider our view and to process these clauses for the acceptance of the Amendment Bill.
Then there are few housekeeping issues that I would like to address. When it comes to the time frame, we do agree that there should be a time frame in place, but we know that there are still challenges when it comes to the Department of Health. So when we get together for our first meeting, we have to look at what we would like to achieve. In this meeting we should discuss the way forward on the milestones concerning the implementation of the Department of Health's strategic plan to manage chronic illnesses.
We also have to look at the care dependency grant because, according to the amendment, there was no assessment tool. We would like the department to brief us on that assessment tool, but after the care dependency grant assessment tool has been approved by Cabinet.
Our social development chairperson gave the long title of the Bill. I therefore would like to place the short title of the Bill before this august House. This Act is called, "The Social Assistance Amendment Act of 2010". The ANC supports this Bill. Thank you. [Applause.
The MINISTER OF SOCIAL DEVELOPMENT: Chairperson, I would like to express our appreciation for the inputs that have been made by the hon members, who also happen to come from the portfolio committee - all of them. I'm saying so because they have been engaged and they were quite helpful in getting us to the point where we are, in particular the chairperson who has led this process quite well.
I also note that all the hon members, who stood here at this podium, expressed support for the adoption of this Bill, the sections that have been referred to. Having said so, I would just like to respond to some of the issues - quite a few of them - and will be very brief.
The issues that relate to the need for the creation of jobs has been discussed in our portfolio committee on several occasions. We have all acknowledged that it is necessary that government creates jobs so that we are able to ensure that we reduce the burden on the state, in terms of giving grants. That is an issue we have long accepted. We even went to the extent of indicating what measures are in place in moving towards that.
However, it is important to recognise that whilst our people are still suffering, we do have to continue to support them in alleviating poverty; so there is really no debate. We shouldn't stand at this podium and make this issue quite a big issue. There has been this agreement and acknowledgement.
The issue of corruption is not a new thing. It is this particular department, working together with government, which has actually discovered these fraudulent activities in the department. We have been dealing with these activities within the system, so, hon Lamoela, I want to reiterate that it's not a new discovery by any member, particularly from the opposition. It's we people in the department who have found these things and we are dealing with them on a continuous basis, as we are reporting to the portfolio committee.
With regard to the issue of time frames, I want to indicate that indeed we agree that we will come back to the portfolio committee. We'll keep you in the loop, but we will come back with a plan once we note that Health has developed a plan. I did indicate that, as the two Ministers, we will go back to Cabinet to report and to develop mechanisms as to how we are going to take it further. Definitely, we are not going to wait for the time when Health is fully ready because that time will be very far. We would like to have the deferred sections also adopted at some stage.
I would like to thank all hon members and, indeed, agree also that this Bill be passed. Thank you very much.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon members, kindly note that while the committee report is before the House for consideration, there will not be a debate on it today. Members may, however, use the information in the report for the joint debate tomorrow on the Fifa World Cup. I'm sure you will love that; It will be a full House tomorrow. I now recognise the Chief Whip of the Majority Party.
Ms L S MAKHUBELA-MASHELE: House Chairperson, hon members, guests in the gallery, let me greet you by saying, "Feel it; it is here! Bafana kaofela."
I would like to begin from the premise that comprehensive social transformation not only entails changing the material conditions of all our people, including the youth, for the better, but it is also ensuring that we build a nation on values of Ubuntu and true human solidarity.
It is the combination of these factors that give form and character to the national democratic society that we seek to build through the national democratic revolution. It is still our resolution to build a society based on the will of the people without regard for race, gender, belief, language, ethnicity or geographical location.
During this period of Youth Month, we must reaffirm our commitment to redressing poverty and inequality. The challenge faced by young people in the country is enormous. According to Statistics SA, the unemployment rate for the first quarter of 2010 increased by 0,9% to 25,2%. The youth unemployment rate is higher than the national average. The Ford Foundation has shown that approximately 2,8 million of people aged between 18 and 24 are unemployed.
We know that many young people do not complete high school, and those who do battle to get access to postmatric education. We need not forget the unemployment situation due to lack of skills. This shows that our country's socioeconomic problems are essentially centred on youth development.
Therefore, this calls for concerted actions aimed at youth development if, indeed, the future of our country is to be put on a sustainable and vibrant developmental trajectory. The historical role of the youth movement at the forefront of the liberation struggle has elevated the youth as a motive force for socioeconomic transformation.
Throughout different stages of our history, young people were at the forefront of the struggle against apartheid and socioeconomic exclusion. Issues of youth development were neither prioritised nor institutionalised during the pre-1994 period.
During that period, issues of youth development were left mainly to civil society and youth organisations, and never found expression within apartheid government structures or legislation policies and their programmes. The challenges of youth development over the last decade have resembled the extent to which the apartheid legacy sought to entrench itself in the socioeconomic and sociopolitical life of South Africans.
Resolving the challenges of youth development requires an approach anchored on integration, sustainability, responsiveness, and the demand and aspirations of the country's youth. The approach in this regard must not only be to confront current challenges of the national economy, but to confront the internal issues that hinder growth and development in a way that would meet the developmental needs of our people in general, and young people in particular.
We need to strengthen the National Youth Development Agency, NYDA, in its work to promote participation of young people in the economy through targeted and integrated programmes. We acknowledge that the NYDA is committed in promoting access to quality education and skills to both youth in school and out of school through work and life skills programmes.
This has made significant progress in promoting entrepreneurship among people, targeting youth aged between 18 and 35 in helping them start new businesses or growing existing ones. Social transformation must also mean that young people drive activities to build their social capital, networks and strengthen the relationship that bind people and communities together.
These activities will propel young people to reach their full personal goals and develop their full capacity. This will ensure that young people are aware of themselves, their rights and their responsibilities. The youth are undoubtedly the custodians of the future of South Africa. Therefore, they have a responsibility to ensure that they are comprehensively prepared for the future and leadership roles.
It is noticeable that, through social transformation, youth development has assumed centre stage in our country since democracy began. However, there is an acknowledgement that, despite such general commitment towards youth development, the absence of institutional and programmatic capacity to address youth development has meant that the historic backlogs created by apartheid persist.
The strategic objective of the ANC continues to be the liberation of the majority of our people: working people; the urban and rural poor; youth; women; and people with physical challenges. The ANC is committed to developing ways that seek to better the lives of all, especially the rural youth through the elimination of hunger; illiteracy; improving the quality and access to education; health services; and the creation of jobs.
In doing so, we must ensure that ANC's young cadres must support government by aligning ANC efforts with the objectives of government for our common benefit. In all these things, we must highlight the role played by the ANC youth cadres as agencies and drivers of transformation.
Our attack on poverty must seek to empower young people to take themselves out of poverty while creating adequate social security nets to protect the most vulnerable of our youth.
We must commend the Minister of Defence and Military Veterans, Lindiwe Sisulu, for her ground-breaking proposal that the country should create a national service where young people would gradually be absorbed into the training facilities and gain more skills in order to get opportunities for decent work. [Interjections.
The HOUSE CHAIRPERSON (Mr K O Bapela): Order, order!
Ms L S MAKHUBELA-MASHELE: The ANC recognises the importance of the family as an institution. Steps must be taken to ensure that its centrality in advancing and preserving human solidarity must be promoted at all costs. The institution of the family is a unit of mutual support towards raising principled individuals of high moral standards and values; for therein lies a virtuous social transformation.
As a young woman, I re-emphasise the need to ensure that young women also obtain technical and scientific skills in the study of science and technology. South African women face specific challenges and, in particular, difficulties in society today.
The youth constitute a large portion of the South African population. We are a resourceful sector of society with diverse needs. Our government has to meet the consistent challenging needs of young people - the rural youth, urban youth, and youth with physical and other disabilities.
In conclusion, we as youth must be the centre of social transformation as one of the motive forces to ensure that, together, we build a national democratic and caring society. The Youth Month debate affords us the opportunity to reflect on the historical role of the youth within the social transformation discourse, its challenges and achievements.
Once social change begins, it cannot be reversed. You cannot "uneducated" a person who has learnt to read; you cannot humiliate a person who feels proud; and you cannot oppress people who are not afraid anymore.
As young people, at all times and under all circumstances, we have the power to transform the quality of our lives. For social transformation creates space for effective social change. We are the future, and the future is ours. I thank you. [Applause.
Mr S MOKGALAPA: Hon Chairperson, it is quite an honour and privilege to speak on this important topic. In nine days time, Africa and the world will be celebrating one of the most historic events in the form of the 2010 Fifa Soccer World Cup. We never in our wildest dreams thought that it would happen in Africa, and in South Africa.
This means that the 2010 Fifa World Cup is relevant in addressing the needs of the youth. However, let us focus on the reality on the ground. For a nation such as ours that has a rich diversity, the 2010 Fifa World Cup should be used to empower this generation. The youth should have been involved in all phases of the World Cup processes, from the decision-making, infrastructure development, skills development, and, most importantly, employment opportunities.
Let us frankly assess how the 2010 Fifa World Cup should have been used to create opportunities and address the needs of young people. Firstly, with regard to unemployment the shocking statistics reveal that South African youth contribute to 72% of unemployed people in this country. About 3,1 million youth are unemployed, 35% of the South African population is the youth and this translates to about 16,3 million people of whom 36% are jobless.
This is due to a lack of skills and poor education, and the question is: What has the Local Organising Committee, LOC, done to assist young people with learnerships or in-service training to empower young people in information technology, infrastructure and engineering If the answer is no, then the World Cup means nothing to the South African youth?
Secondly, this concerns education whereby only 15% of the Grade 12 learners who pass are able to enter university; only 5% of them graduate from tertiary education; and most of them drop out. What has been done by the Fifa World Cup organisers to ensure that the education level of our people is improved and that they invest in our youth by offering them bursaries?
The World Cup has taken much of the time of learners and they will be two months behind schedule at school while busy focusing on the World Cup.
The third issue is that of crime. South Africa's youth experience violent crime on a daily basis. Murder and residential robberies have increased, which shows that there is a lot of antisocial behaviour among our youth. The youth incarceration levels have increased yearly. The World Cup should have been used to address these issues by giving the young people hope and skills to sustain themselves.
Fourthly, with regard to the issue of health, most of the young people have no access to health care. The growing number of teenage pregnancies, high levels of HIV/Aids and drug and alcohol abuse among our youth is a source of concern.
Most young people in South Africa experience physical and psychological trauma due to gender-based violence and sexual abuse. Awareness campaigns are urgently needed and the World Cup should have been used as the platform to communicate with the youth about these issues.
Lastly, rural youth development is another issue which the World Cup should be addressing in order to breach the growing gap between the urban and rural youth. This event is inaccessible to the rural youth with most of them having no means to enjoy the World Cup. The tickets are too expensive and even the Bafana Bafana T-shirts are too costly; they cannot afford them.
They still hope that one day they might be rescued from their plight and do not even have a sense of feeling that the World Cup is here in their country. The National Youth Development Agency, NYDA, is inaccessible to the rural youth. While on a mobilisation visit of the World Cup in Lichtenburg in the North West, last week [Interjections.
The HOUSE CHAIRPERSON (Mr M B Skosana): Order, order!
Mr S MOKGALAPA: we found that the World Cup is even unknown to them, with community members saying, "We hope that after the World Cup maybe there will be improvements in our small village; maybe the eyes of our officials will now be opened to poverty in the rural South Africa."
This means that the people in rural areas don't feel it; they feel left out. One youth member even said, I do not know anything about the World Cup; I don't even know the players. It is not often that anything happens. It only happens in town. [Interjections.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, can you take your seat for a moment. Hon members, please, you might not like what the hon member is saying, but you can also be orderly, please. Let other members hear what the hon member is saying.
Mr S MOKGALAPA: The LOC of the South African Football Association, Safa, together with the government should ensure that this World Cup leaves behind a lasting legacy for young South Africans by developing soccer academies in every rural area and maintaining the existing urban structures. This is possible for the youth through the proceeds from this World Cup, rather than sharing the proceeds amongst themselves.
In conclusion, we welcome this 2010 Fifa World Cup and we are 100% behind Bafana Bafana. We wish them well and the sky is the limit for them. If they put everything into it, they can make it. Feel it, it's here! Ke nako! Let's celebrate African humanity. I thank you.
Ms D KOHLER-BARNARD: I rise on a point of order, Chair, if I may. There are members there, who are gesticulating, pulling faces and acting like three-year-olds. This is the National Assembly, I would ask you to please attempt to instruct the ANC members on how to behave in the House.
The HOUSE CHAIRPERSON (Mr M B Skosana): I think this is what I've been trying to say, hon member, that we can dislike things that other members are saying, but we can also be orderly. Please, let us be orderly.
Ms A MDA: House Chairperson and hon members. Let me start by saying, "Feel it, it is here, South Africa".
This debate takes place 34 years after the 1976 Soweto uprisings which was one of the most political activities that had been seen in this country. These uprisings were led by young people who proved beyond doubt that the young person can be a dedicated builder of a society, can achieve that and can give all his life to achieve the needs of the society.
We depart from this debate today by saying that the announcement of the hosting for the 2010 Fifa World Cup, which took place in Zurich in May 2004, was awaited with bated bread breath by all South Africans. When Fifa President Sepp Blatter finally announced that for the first time in history this event will be held on African soil, in South Africa to be exact, we all ululated in joy as we were predicting that it was a rare opportunity that would bring about change in many ways to South Africans than ever expected.
Every young person in this country across the urban and rural divide started to pent their respective goals to be achieved taking advantage of this big event ever to come to their land. There were dreams for some to do unique artwork which would get tourists to empty their pockets; others were banking on exposure for their poorly marketed tourist attractions which would make better profits if tourists visited them.
Amongst those who had hopes and wishes were the unemployed young graduates ranging from engineers, architects, artisans and many more, who were counting on this event to create sustainable jobs.
The benefits of this project to our nation to be so enormous that would take the whole evening outlining what contribution does hosting the World Cup mean and what would it make of our programme to alleviate poverty, creating jobs and generally in social upliftment.
The economic spin-offs of this tournament for Southern African Development Community, SADC, region are enormous as well; and it will fit in with our objectives of working for a sustainable development, not only of our country but for our continent as well. Our victory is, therefore, a victory of our sister countries in this region as well.
Indeed, Africa is celebrating this big event taking place in its shores but the critical question that must be asked first is, Are young people in this country having anything to celebrate or to show for South Africa hosting this event This event, through its own legacy, must be able to respond to this critical question confronting the young people of this country?
In our attempt to respond to this question, we must be able to understand that the legacy of this event cannot just be limited to infrastructural development. When bidding for this event, however, the creation of jobs, alleviation of poverty, etc, were the anticipated benefits.
We believe that the conditions of young people in this country in just nine days before the kick-off are as they were six years ago when we were still bidding to host this event. This clearly demonstrates how we treat matters concerning young people's interest as secondary and this is a serious indictment to all of us in this august House.
This World Cup event was an amazing opportunity to expose our young people's talent, skills and uniqueness but, again, little has been done in this regard. Our young people remain at the periphery in as far as benefiting from this event is concerned.
The fanfare that characterised the hosting of this event by South Africa has been short-lived for our young people. Many of our youth in rural areas, when on 11 June match starts between South Africa and Mexico, will not have anything to show for it because no mechanisms will have been devised to ensure that this event is enjoyed by all South African young people from host cities and non-hosting cities across the country.
This is despite the fact that sport and recreation offer a sense of hope and can make dreams a reality in many instances. Our rural youth continue to yearn for sporting facilities in order to fulfil their dreams of playing at the professional level, but their last hope that having the 2010 Fifa World Cup hosted in South Africa would change the situation for the better has, yet, to yield results as awaited.
It is our view that sport has deep roots within South Africa, especially within disadvantaged communities where violence and crime are most evident. It is therefore essential for South Africa to wake up and see this critical link and indeed make use of it. Sport has the ability to join the separate parts of this nation and get rid of social evils that are destroying our young people and the legacy that we have inherited. It is in this regard that we must remember how the 1996 World Cup united South African people beyond party and racial lines.
Sport possesses a special power and the capacity to change a person's life by improving psychological and physical wellbeing. It offers a sense of belonging and connectedness to orphans, street children; it teaches teamwork, sharing, discipline and respect for playing by the rules. Sport is, indeed, a universal language that can help bridge the divides and promote core values necessary for lasting peace in our society.
On the playing field, cultural differences and political agendas dissolve and melt away. This is the most magical thing that sport can do in our society. Sport is therefore a tool with which we can create unity and transcend racial barriers, as was beautifully depicted on last Saturday when the Blue Bulls were playing at Orlando Stadium in Soweto. It was something that was making history for the first time in this country.
Through hosting this World Cup, our government should adopt a new strategy to advance youth development through sport as this will deal with a lot of the socioeconomic conditions that are faced by young people in this country. At the centre of this agenda should be the National Youth Development Agency, NYDA, which has a duty to advocate this.
We wish all South African players in the Bafana Bafana team good luck and we are fully behind them.
Ms S P LEBENYA-NTANZI: Chairperson, the World Cup soccer tournament is an opportunity for successful teams of various nations of the world to display the talent of their youth. The tournament has undoubtedly become one of the premier opportunities for various nations of the world to display their national unity, cohesion and pride.
The 2010 World Cup takes place in our country, and is the first of its kind on the continent of Africa. This is a moment of great significance and, indeed, it instils in all of us a great sense of pride and contentment to be able to host the world-renowned tournament.
Successful nations invest a lot in their youth because they realise that the youth are the future of every nation. They not only do so in the area of sport, but they do so holistically in the overall development of their youth; be it in education, skills development and training or health. Therefore it is important to contextualise the standard of performance of our national team, Bafana Bafana, as it somehow truly reflects our nation's contribution to the development of our youth.
Naheng ena re theile National Youth Development Agency ho etella pele matsete a naha ya rona ntshetsopeleng e phethahetseng ya batjha Aforika Borwa. Se re ngongorehisang haholo ke hore ha re eso utlwe kapa ho bona mananeo afe kapa afe a thakgotsweng ke National Youth Development Agency a reretsweng ho sebetsa le Fifa ho thakgola mananeo a ntshetsopele ya batjha. (Translation of Sesotho paragraph follows.
[In this country we established the National Youth Development Agency to spearhead our country's efforts in the total development of the youth of South Africa. What is of concern to us is the fact that we have not heard or seen any programmes which have been started by the National Youth Development Agency that have been intended to be used by Fifa in order to develop the youth.
This Parliament appropriates huge chunks of money for education and the majority of the beneficiaries in this regard are the youth. Apart from this, there are other programmes across government from which the youth benefit.
While we recognise this reality, the fact is that there is still a lot to do to enable our youth, who for no fault of their own, were bypassed by development and now need to catch up. We need to be mindful of the statistical reality that the majority of the citizens of this country are both women and young people. These two segments of our society are the most marginalised.
Statistics that have been recently quoted in the Business Day are frightening. These statistics reflect that about 2,5 million youth aged 18 to 24 are neither working nor in any kind of education and training - most have dropped out of school early; only 46% of them remained in school long enough to write matric; and only 60% passed. South Africa's rate of unemployment is estimated at 26%, and the youth make up 70% of this figure.
The IFP feels that it is, therefore, important to look at what impact the 2010 World Cup will have on youth development, and whether it will deliver on the hopes and dreams of the millions of unemployed young people of this country.
Youth development remains one of the complex challenges facing democratic South Africa. Sixteen years after the transition to democracy, it is young people who are most severely affected by negative socioeconomic factors such as HIV and Aids, the high level of unemployment, poverty, unplanned pregnancies and a lack of participation in political and economic development processes.
Mothating ona, ka Mohope wa Lefatshe le kamora wona, mekga ya bohanyetsi le mekgatlo ya batjha e na le monyetla o fetang yohle e kileng ya ba teng, wa ho sebetsa mmoho ho rarolla diphephetso tseo batjha ba tobaneng le tsona naheng ya rona. Ho hlokeha sebete le boitshepo ho ntshetsa pele sepheo sa ho netefatsa hore batjha ba naha ena ba nka seabo ka ho lekana moruong le dipolotiking. (Translation of Sesotho paragraph follows.
[At this juncture, during and after the World Cup, the opposition and youth organisations have an opportunity more than ever before to work together to bring solutions to the challenges facing the youth in our country. It requires courage and confidence to carry out the purpose of ensuring that the youth of this country take part on equal terms in the economy and in politics.
Therefore let us recognise that even though there will be some benefit for our youth through the hosting of this soccer extravaganza, we must use this opportunity to utilise the power of football to build a brighter future for our youth beyond the 2010 World Cup.
Ha ke diela dikgala, IFP e lakaletsa Bafana Bafana katleho. Re kgothalletsa batjha ho tswa ka makgalo ho ya tshehetsa dipapadi tsena tsa bolo tsa pele tsa mofuta wa tsona. Dikgomo! (Translation of Sesotho paragraph follows.
[As I conclude, the IFP wishes Bafana Bafana good luck. We encourage the youth to go out in their numbers to support this soccer tournament which is the first World Cup in Africa. Thank you.
Mr M C MANANA: Chairperson, hon Ministers, hon Deputy Ministers, hon Members of the NA and distinguished guests, the pleasure will be mine to take this House through the legacy of the youth in bringing about a democratic South Africa.
I would firstly mention that 66 years ago, Anton Lembede, Nelson Mandela, Walter Sisulu, Oliver Tambo, A P Mda, Mxolisi Majombozi, and many others were profoundly aware of the challenges facing the youth of their generation. They then agreed to form the African National Congress Youth League, ANCYL, because they were a generation that was cognisant of the interconnectedness between the liberation and development of South Africa and that of the African continent.
They believed that Africans would be freed only by their own efforts, and they aimed to involve the masses of our people in militant struggles. There was the assurance that the African youth would not allow the struggles and sacrifices of their forefathers to perish. They said it then and we are saying it now that we will continue from where they left off in bringing about a thorough emancipation of our people.
The year 1976 was even more historic, as the youth of our country correctly identified the challenges and tasks they had to confront. Today, 34 years later, our youth are once again faced with the obligation of identifying the challenges and tasks they confront. As much as it was a reality that the youth of 1976 had to go into exile to train as soldiers of liberation, it should then dawn on us today to use our talents to mobilise and campaign for the advancement and development of our country and the African continent as a whole.
The nation expects the youth of today to follow in the footsteps of the 1976 youth and become agents of change in the continuing struggle to achieve the goal of a better life for all our people.
We have the common responsibility to always recall the events of 1976, so that the bravery and sacrifices of that generation of young people should serve as an inspiration to the present day youth to work hard in contributing to the solution of the challenges they and our nation confront.
Today we are hosting the Fifa World Cup because of great sacrifices. We are free today because of the blood that had to be spilled in our black townships. This freedom did not come cheap and there was no room for amagwala [cowards]. It is on these grounds that I make this clarion call to all young people to defend and guard this freedom, which has, in turn, brought about many opportunities for them in the democratic order. Had it not been for the efforts of our movement, the ANC, hosting the Fifa World Cup would be a phantom dream.
The youth of 1944 helped to mobilise and unite the young people of our country, behind the perspective that the goal of national unity must be the guiding ideal of every young African's life. And our youth must rally behind the ANC, which is destined for a great purpose and mission.
The youth of 1976 helped to mobilise and unite the youth of our country to become part of the disciplined vanguard forces of our revolution, under the leadership of the ANC. They were serving as dedicated and gallant fighters in the forward ranks of our revolutionary struggle. This happened while continuously improving their level of competence in all fields in which they were involved, whether politically, militarily, academically or administratively.
The legacy of freedom bestowed on our people by the sacrifices of the youth of 1944 and 1976, has placed additional responsibility on the youth of today. This was to defend and help entrench the value system that inspired the earlier generations of our youth. That value system was based on a set of moral injunctions that prescribed that the revolutionary youth must be inspired by one objective and one objective only. The objective was to serve the people of South Africa, with no expectation in terms of personal wealth, power, position or prestige.
The achievement of political democracy in 1984 was the nexus for the militant youth of the predemocratic era. The adoption of the democratic dispensation in 1994 brought to the fore a different set of new challenges for the youth in general. The challenge, from a political perspective, was to actively participate in the newly established political and economic structures and to make a meaningful contribution towards the future of the country.
It is now 16 years into our democracy and the youth continue to face challenges. Participation in national debates, policy formulation and political structures brings with it the need to sharpen skills and capacity on a continuous basis. The dialectics that need to be understood is that state power, as an instrument for effecting change, has huge potential for the youth, whilst at the same time it has limitations.
It is therefore an undisputed truth that the youth of South Africa contributed in liberating the people of South Africa from the system of colonialism and apartheid. Given this contribution in deepening and advancing constitutional democracy in our country, youth development has to be central in the developmental agenda of the state. The impact of this should, in effect, generate the South African youth to participate in deepening democracy and shaping the direction of our country.
The youth must invigorate their interaction to build a strong political consciousness grounded on the principles of our democracy. They should always be willing to shoulder more responsibilities in dealing with the complexities of practical political problems. These responsibilities require the kind of youth who are definitive and who understand that the future lies in their hands. This requires new thinking, perspectives and strategic ways to be formulated and carried out with skill and dexterity.
The ANCYL made its mark at the 2003 Growth and Development Summit through its submission that the different social partners, that is, government, business and labour, are acutely aware that the problem of unemployment is essentially a youth problem.
The future will be what you make of it.
The youth of South Africa are born against a background whereby the previous generation was instrumental in shaping the political landscape of this country. Previous generations were the foot soldiers of the armed struggle. Our youth, therefore, have a primary obligation to defend our democracy that brought about this World Cup. As this manifests itself, the youth must set the agenda in the national public discourse, as they remain the opinion-makers who must influence the direction of our national development and growth.
The design of democracy is, however, not enough if citizens only engage periodically with the diverse processes of democracy. If young people feel that politicians do not engage with them on challenges that they face, they will not participate actively in the democratic process.
We must, therefore, in this national youth month, pledge that we will mobilise the youth of our country to focus on the task of developing and building the nation. Also, we must prepare the conditions for our youth to participate enthusiastically in democratic processes, informed by the knowledge that their hopes rest in the democratic order.
This call was endorsed by President Zuma, when he said at the launch of the National Youth development Agency, NYDA, a year ago, that he expects the NYDA to, amongst other things, assist in promoting the youth with participating in democratic processes, community and civic decision-making and development at all levels.
The youth are well positioned to play a significant role in further consolidating democratic gains associated with nation-building. We know, as a matter of fact, that only 60% of the South African population ranges between the ages of 14 and 35 years, which in itself clearly explains why the youth in this country should remain central in the national efforts to consolidate democratic gains and advance the developmental agenda of our state.
We need young men and women of high moral stamina and integrity, of courage and vision. In short, we need warriors. This means that we have to develop a new type of youth, the type of youth that will achieve the national liberation of the African people.
The ANC's policy position is buttressed by the notion of ensuring a better life for all, even when it comes to youth development, as it tends to be more sympathetic towards the marginalised youth.
The ANC policy regarding youth and youth development is the one based on basic values of democracy, nonracialism, respect for human dignity, nonsexism and tolerance.
Young people by their very nature are part of the society that absorbs and transforms cultural values from one generation to another. The youth of 1976 earned the honoured title of the "Young Lions" because of what they did to contribute to the liberation of the nation from apartheid and white minority rule.
The youth of 2010 must again earn this honoured title "Young Lions" because of what they are doing to rid the nation of the legacy of apartheid. This is also to end the scourge of poverty and underdevelopment, which continue to imprison many of our fellow citizens, both young and old.
We remain resolute, determined and committed, like the youth that came before us, to do everything possible to advance the struggle to achieve a better life for all.
We must look to the visionary youth of 1994 and those of successive generations for inspiration and guidance, as we ready ourselves to host our visitors during the Fifa World Cup. We may not need to employ the same methods as those of previous generations of youth, but we can draw on the rich tradition of activism, innovation, organisation and intellectual engagement that they embodied.
We should seek to emulate in our actions their determination, steadfast commitment, selflessness, humility and readiness to sacrifice.
As we recall the momentous achievements of the youth of this country, we are challenged to define the contribution that this generation of youth will make to advance the cause of our people towards a better life for all. We are challenged to examine what it is that history asks of this generation of young people and to demonstrate how this generation will respond.
We salute those among the youth, who have played a leading role over the decades. Underneath this land lie their bones, their blood still smells fresh and their spirit lives with us forever. They have made it possible for us to host the 2010 Fifa World Cup. Good luck Bafana Bafana! I thank you. [Applause.
Mr N M KGANYAGO: Chairperson and hon members, as I said in this House yesterday, the surest measure of a successful state are the health and happiness of its children. As we celebrate Youth Month, it is most appropriate that we will also be showcasing our country to the world in a month-long festival of soccer. The skill and youthful exuberance of soccer is a demonstration of the energy and vibrancy of the youth.
We need to ask ourselves deep and far-reaching questions about how we approach the question of the youth in all policy matters. The suggestion, for instance, that national service might be helpful to the youth has merit. However it is incorrect to claim that national service would give the youth the discipline to refrain from participating and leading community protests over service delivery.
We need to recognise that the youth have a legitimate claim to challenging the status quo, and that vast numbers of them are loitering in the streets in search of meaningful employment. We also need to understand that the entire democratic project loses its legitimacy if it does not provide the next generation with hope.
The South African youth are coming into their adulthood at a time of freedom. They are born at a time when they can look upon the moral victory of democracy over tyranny. They are on the cusp of taking custody of the legacy of such giants as Nelson Mandela and Desmond Tutu. Few generations can claim to have been born into a time of such opportunity. It is our duty, as the previous generation, to help them nurture and grow this country.
The youth grasp their place in history much better than many of us realise. Their frustration at being locked out of the economic and social life of society stems from the realisation that there is much they can and must achieve.
During this Youth Month we should collectively focus our attention on unlocking and throwing wide open the doors of opportunity so that the energy of the youth can carry our nation to a better and more prosperous future. Ke a leboga. [Thank you.] [Applause.
Mr M I MALALE: Chairperson, hon members of the House, I think today, 2 June, is a wonderful day. In fact, it is the day on which young students in China protested for the emergence of democracy in their land. Ordinary people in that land, about a hundred thousands ordinary inhabitants of China, felt it was important to rally behind the cause of democracy, and they stood at Tiananmen Square on that day, resolutely blocking a force of ten thousand men carrying guns, some driving tanks.
Those people were inspired by the spirit of freedom and democracy. As I speak today, the young workers of China are beginning, under the nose of unions that are sponsored by the State, to galvanise themselves to stand up for human rights for the workers, and that is the hope we must talk about as young people.
Manana spoke so well and mentioned great luminaries of our own struggle, people who believed in inspiration, who did not become pessimistic because at that point it seemed so impossible that we could have freedom. They formed the ANC; they radicalised the ANC in 1949. Who are we then today, that when our role is so small - just to deepen democracy, just to defend democracy - to say the World Cup does not bring us anything In fact, Bafana Bafana is a team of young people; we are the beneficiaries?
The roads that have been constructed are going to be enjoyed by our nation. The stadia will never go with the World Cup; they will remain with our people. Any enlightened inhabitant of our society must come to a level of recognising that. I think I would agree with hon Mda. She spoke so well about the World Cup today, and I think she must advise hon Mokgalapa, who is utilising just a single media snippet to suggest that South Africans are not familiar with the great political, economic and social significance of this World Cup.
I think that is the misrepresentation of the reality in which we live. We hope that we will cultivate positive thinking amongst particularly Parliamentarians, because we are gradually turning this House into a platform to peddle newspaper articles. We are not elevating our engagement to speak about strategic issues of our society.
I think we have that duty; we must break out of the mould of artificial, oppositional politics where if an ANC member speaks you must howl, or if an ANC member sees a DA speaker he must howl. That is not how we must cultivate democracy, we must go beyond that now. We must try to show that we, as the youth of this country, have a duty to advance towards a nonracial society; a society in which we believe in the sanctity of the idea that whether one is in the ANC or in Cope, one must be able to engage and that this is the platform for doing so. That is very important.
With regard to Aids, statistics all over are creating a certain impression about our situation. It is suggested that every day about 1 600 people die of Aids and 1 500 become infected. Someone who spoke here said that South Africans are not aware of the scourge of Aids; that is not true. In the 1980s, yes, it might have been true, but not now. Where we live, in our families, in our communities, people are dying. We are well aware of that reality. We are making things very difficult in this democracy.
When I am a patient going to hospital now, I don't know what my ailment is. When I arrive in hospital, if a medical practitioner, who has been trained to examine my disease, enters the office, examines me and says, "Ishmael, you are HIV positive," would that infringe on my human right to privacy Would that infringe on my human right to physical integrity I don't think so. It will advance my health situation so that I am able to contribute to a better life in our land?
I think those are the issues that this society must tackle. That is a society of young people regardless of political affiliation and age. In fact, the young people of progressive youth formations are saying that these great revolutionaries in the ANC, who fought for freedom, began showing obvious political sympathies at the age of 14. Now, however, in terms of universal adult suffrage, there are people who are 16 years of age, who really have clear ideas about democracy, yet they do not have access to that political right.
The youth in the Youth League are saying, "Let's expand the frontiers of involvement of youth in politics." That is what this Parliament must debate. We are challenging our colleagues to engage in that debate so that we can get into a lot of engagement. Thank you. [Applause.
Ms C DUDLEY: Chairperson, South Africa is a democracy, and we thank God that now our youth's focus does not have to be on tearing down the system, but on building it up. While political parties choose to regard youth as people under the age of 35, they are nevertheless from the age of 18 years, men and women of responsibility and we should expect respect and nurture such a mindset.
The challenges the youth of today face are as important as the challenges youth had faced at any time in history. These challenges will require of them a determination and bravery, second to none. The youth of today should not be expected to walk in the shadow of a past generation. They should be valued for who they are and what they bring to this moment in time.
This year, as we commemorate Youth Day, we turn our focus to youth development in the context of the 2010 Fifa World Cup legacy. Part of the legacy of the Soccer World Cup is to extend the benefits to the whole continent. It should not only be experienced by ourselves as the host nation.
Imperative in carrying this legacy forward is the upright stature of Africa's youth; they will set the tone for the future of the African continent.
Fifa's Football for Hope movement, which uses the game for social change will involve youth from 50 organisations in 35 countries, chosen not for their skill on the pitch, but for their contribution to social change in disadvantaged communities. They will be playing football, but without a referee. Any disagreements between the teams will be resolved through, I am told, dialogue.
They will tackle issues of ethnic violence in Israel and Palestine, environmental pollution in the slums of Kenya, HIV/aids education in South Africa, landmine education in Cambodia and a gang culture in Ecuadore - off the pitch, we imagine!
The ACDP wishes this ground-breaking event taking place in Alexandria during the final week of the 2010 Fifa World Cup every success. We, however, as footballers and as those who have participated in this game of life, have found through experience that referees can be very useful in minimising potential damage.
In everyday life, a "referee" can be a policeman, a judge or even one's own self-discipline and conscience; and these qualities are best nurtured within a family environment.
The ACDP wholly agrees with the Youth Development Month message, and calls on society to strengthen relationships within families to create a safe and caring setting that enables young people to have more positive and healthier lifestyles.
Youth development in South Africa is everyone's responsibility, including young people themselves and no amount of rhetoric can replace hard work and integrity. Young people, who have broken free from poverty and distress, have done so with the help of an attitude and determination to succeed.
These are the moral values which will ensure that the youth of today are best placed to build a caring society and extend the legacy of the Fifa World Cup to benefit our neighbours and the whole of the African continent. Feel it, it is here, South Africa. I thank you. [Applause.
Ms N W A MICHAEL: Chairperson and hon members, it gives me great pleasure to stand here today on behalf of the DA and address this House during this celebration debate on Youth Day.
In 1976, we saw the greatest acts of bravery shown by any generation for the liberation of our country. Young people stood up, united and said, "This far, but no further". Although I was not born in 1976, it is thanks to the bravery of those young men and women that I enjoyed the education that I did and that I stand before you here today in a democratic and free Parliament.
One of the messages that I would like to bring to this debate today is the importance of the youth vote. Too many people died to give us the right to vote for us not to exercise this right. Our debt of gratitude for the bravery and self-sacrifice can only be repaid by us, the youth of South Africa, by being responsible democrats and voting in our country's election. Your vote does count, your voice is strong, and your country does need you.
The youth of our country face many problems and many dangers. Unemployment and crime are but two of the dangerous problems we face on a daily basis. However, the biggest scourge facing our youth today is human trafficking.
When I was asked to explain to a group of young teenagers what human trafficking is, my description was this: It is modern-day slavery, be it for sexual purposes, forced labour, to repay debt, or in some cases, for the harvesting of human organs. Human trafficking is the sickest that our society can be. It is the absolute worst form of human behaviour. How do we stop it By standing up and repeating the words of 1976, "This far, but no further"?
Many South Africans have questioned our lack of law regarding human trafficking. I am relieved that Parliament has tabled the human trafficking law. Although it is disappointing that this law took so long to be drafted and tabled, we cannot, as responsible legislators, rush through this law.
It is of paramount importance that the law is clear, concise and implementable. Although the worry exists that human trafficking will occur during the Fifa World Cup, the reality is that human trafficking occurs on a daily basis. We, as Members of Parliament, have to draft legislation to protect our people every day, not just during the World Cup.
We do, however, take comfort in the fact that existing legislation, including the Sexual Offences Act and the Children's Act, will assist officers of the law to take action against those taking part in human trafficking. We thank organisations including the International Organisation for Migration and other safe houses for assisting the victims of human trafficking.
It does, however, remain our responsibility to keep our youth safe. Although it can be an uncomfortable topic, speak to children about the dangers of human trafficking. Let them know what lies can be told to lure them away from areas of safety.
Encourage outings in groups, as opposed to boys or girls walking around alone. Ensure that young boys and young men understand that human trafficking does not only affect girls and women - all young people are vulnerable.
Human trafficking does not only occur when people are smuggled in or out of our country. It happens within our borders. For example, a person could be kidnapped in Limpopo and human trafficked to KwaZulu-Natal or to Gauteng; we must be aware and ready to take action.
The government must make sure that information is distributed widely, indicating who to contact if you suspect human trafficking is happening or become a victim yourself.
Let us live by the mantra, "Your sister is my sister, your brother is my brother and your child is my child". Together, as South Africans, let's look after each other. Let us protect each other and safely grow our youth into tomorrow's future, today. I thank you. [Applause.
Ms M N MATLADI: We commemorate Youth Month and Youth Day as the direct result of the events of 16 June 1976. As we do so, I would like us to remember and give thought to the words uttered by Mrs Nombulelo Makhubu, mother to Mbuyisa Makhubu, an 18-year-old boy who carried a dying Hector Peterson.
but he is not a hero. In my culture picking up Hector wasn't an act of heroism, it was his job as a brother. If he would have left Hector on the ground and someone saw him jumping over him, he would have never been able to live here.
I stated Mma Makhubu's words because we need more Mbuyisas in the youth of our country - more than we ever did before. Picking Hector up was not an act of heroism, but an act of brotherhood that characterised the youth of that era. The challenges that the youth fought against then still persist today, probably in a different form and manner.
Our youth face unemployment and poverty, but instead of seeing the legacy of brotherhood left by Mbuyisa and his likes, we see youth leaders who are so self-absorbed, greedy and corrupt that they cannot pause for a moment and pay attention to the plight of their brothers and sisters. They enrich themselves with corrupt gains from tenders and cannot see the poverty that is killing their counterparts.
This month, we pray for a consciousness that would recall the sacrifices of the youth of yesteryear and the richness that comes from laying your life down for your fellow. We pray for youth leaders that do not claim to be heroes and leaders when they could not pick up a dying Hector. I thank you. [Applause.
Ms S T NDABENI: Chairperson, Ministers and Deputy Ministers, hon members, guests and the secretary of the ANC from the Eastern Cape Province, comrade Mabuyana, feel it, it is here!
In the life of a nation, there arise men who leave an indelible and eternal stamp on the history of their peoples, men who are both products and makers of history. And when they pass they leave a vision of a new and better life and the tools with which to win and build it.
These are not just ordinary words; they are words that were used by Dr Dadoo when describing Moses Kotane. Are we then that youth today, given the current challenges of the century An honest response coupled with serious introspection will make future generations really proud of us?
The challenges facing young people within the economic realm are multifaceted. For instance, the majority of unemployed young people experience long-term unemployment. Even those who are employed are concentrated in the service sector and tend to work in temporary positions. Racial and gender contradictions manifest themselves as Africans experience higher rates of unemployment compared to their counterparts in other race groups, and women relative to men.
It has also been suggested that youth self-employment could help to achieve youth development, employment creation and poverty reduction. For the majority of those who cannot access wage employment, the alternative to unemployment is self-employment. However, this appears to be an option chosen only by a small proportion of young people, despite the high unemployment rate among them.
In reality a country that does not ensure the involvement of all its population at all levels of economic activity is certainly going to perform well below its actual potential.
I am deliberately quoting him as we are to witness the first Fifa Soccer World Cup on our beloved continent, Africa.
A thriving economy should reflect the natural endowments of the country and the creativity that a skilled population can offer. It should be an economy in which cutting edge technology, labour-absorbing industrial development, a thriving small and co-operative sector, utilisation of information and communication technologies and different forms of production and management are combined to ensure national prosperity.
This is conditional on ensuring that the brains and brawn of all society are brought to bear on all economic activities. It requires deracialising ownership and control of wealth, management and professions.
From the fundamental principles of building an economy utilising all the available factors of production, the youth is an integral component of ensuring that attainment of transformation, which is being sought in the national democratic revolution. The South African nation is called to encourage, harness and incorporate the creativity, daring and energy of the youth into its endeavours. This relates to such issues as access to social and economic opportunities, engendering activism around development and values of community solidarity as well as creating the space for youth activity to thrive.
While the national democratic revolution creates an environment for discharging potential capabilities, it also recognises the youth as one of the motive forces of production in line with the character of a national democratic society. Such a character includes local economic development, research and development, job creation and skills development.
In the quest to realise these objectives and in pursuit of its major task of a better life for the youth, the ANC Youth League has placed itself at the centre of the broadest spectrum of youth organisations for the advancement of a youth agenda in areas of social and economic transformation.
The manifesto of the ANC at its last congress correctly noted the challenges and the way forward. It is against this background that the government has to ensure that the agency is at the centre of the developmental programme of the government, and that this agency is capacitated and resourced to provide leadership in encouraging youth participation in production and developmental activities.
While the economic development of young people remains critically important because it is a matter of economic survival and advancement, the government would have to promote issues relating to social elements of youth development. These are issues of spiritual and cultural development, which are vital for societal development.
The right of the youth to be involved and contribute to their development finds credence in a statement by the former President of the ANC Youth League.
There are specific interventions that we want our government to do on our behalf, supported by us and in partnership with us - the youth. You must also know that we are attending to the matter of self-employment because we would like the youth to become entrepreneurs. We would like to see a national consensus emerging on a national youth entrepreneurship strategy, with targets and clear time frames and support mechanisms. In this is also incorporated the idea of youth co-operatives.
Ms S T NDABENI: You wish, my darling! [Applause.
The emphasis of the above response underscores the importance of economic participation as a critical national process for growth. The National Youth Development Agency, in partnership with government departments, has initiated and implemented programmes that are targeting the youth. Some of the programmes are earmarked for this year.
The programmes that I am talking about are as follows: The National Youth Service and volunteer programmes, which are aimed at young people for community development. In collaboration with 19 departments, it is encouraging to note that this programme has benefited more than 15 000 young people and the volunteer programme is in excess of 20 000.
The Expanded Public Works Programme has created more than 1,5 million work opportunities since its inception, of which 30% has benefited the youth mainly in infrastructure; the social environment and economic sectors; and youth advisory centres for career development and improving access to employment opportunities.
Over 1,1 million youth have benefited since the inception of this programme. The Targeted Skills Development Programme, is focusing on training interventions for young graduates. The projects are implemented through the FET colleges and NGOs.
With regard to economic participation for 2010 to 2011, the NYDA will focus on intensifying the National Youth Service Programme, the creation of business opportunities for young entrepreneurs, mentorship programmes, business consultancy vouchers and entrepreneurship education.
Various surveys and economic experts agree that unemployment mostly affects young persons in the age group of 17 to 24 years, in excess of 50%; and the age groups of 25 to 34 years, above 30%. Those who are employed are mainly in short-term, contractual jobs that do not offer job security or a skills transfer; and they do not belong to the trade unions.
Youth in rural areas face additional constraints, such as accessibility to services and facilities compared to their urban counterparts. These constraints result in the increasing migration of rural youth to urban areas and reproduce the cycle of rural poverty, hence the government has prioritised rural development.
To improve the economic circumstances of the youth requires the acknowledgement of the fact that various forms of employment are central to finding lasting solutions. Government has created several initiatives that are geared towards the participation of young persons in the mainstream economy.
Some of these initiatives have had a very limited impact as their implementation has not been aligned with similar programmes of other government agencies.
According to the National Youth Policy Framework, the absorption capacity of learnerships is insufficient to meet the demand from industry or to absorb the supply of young people requiring training.
Self-employed youth or aspiring young entrepreneurs face a variety of barriers to entry to trading if they are already in business. These include lack of appropriate business education, limited access to capital, lack of social or business networks or access to markets for their products and services as well as the availability of basic service facilities, especially for rural youth.
The lack of access to capital is one of the key barriers to youth participation in the economy. It is in that context that we are urging Members of Parliament to make sure that the newly enacted Money Bill is really put into practice to push for an effective National Youth Development Agency budget, in order to push away the frontiers of poverty facing young people.
It would be advisable that the national youth fund, under the national youth development agency, should create funding models that absorb high-risk premiums to make the cost of capital cheaper for potential youth entrepreneurs with sustainable business plans, compared to private sector financial institutions that do not, in most cases, fund high-risk projects.
I hope hon members will really understand the critical challenge faced by the NYDA. It is not an issue that can be debated, but it must be realised.
It is essential that the NYDA must be a catalyst for diverse and creative ideas that include other progressive stakeholders, in support of the overall objectives of the ANC-led government for advancing the development and empowerment of young people.
Oversight and other mechanisms created in the National Youth Development Agency Act should be used to ensure accountability of the agency to young people.
Needless to mention it, young people need to directly influence the process of appointing the people to govern the agency and operations of the board to deal with the challenges of education and agriculture. Indeed, an NYDA that is efficient is critical.
The role of the fourth democratic, activist Parliament is a must in advancing the national democratic revolution. For the benefit of the opposition, the National Democratic Revolution is a process of the struggle that seeks to transfer power to the people, and transform society into a nonracial, nonsexist, united and democratic one; that changes the manner in which wealth is shared, in order to benefit all the people. [Applause.
In conclusion, today we are proud of the role played by the past generations and we want future generations to be proud of us. Hence I leave you to be always conscious of the seven things that will destroy us if we are not careful, as mentioned by Gandhi.
These are: politics without principles, science without humanity, religion without sacrifice, commerce without morality, pleasure without conscience, knowledge without character and wealth without work. Thank you. [Applause.
Mr I M OLLIS: Chairperson, hon colleagues, my name is Ian Ollis and I am here to recruit you! [Laughter.] The youth of South Africa need you, they need us, often in ways that we do not really expect or anticipate. They need role models to follow in order to understand their place in the world and, boy, do we often disappoint them!
The hon Malale did not like the fact that my colleague used one newspaper reference. Well, let me give him another one.
The (by-election) results are another warning to us. I think there have been very serious mistakes from the side of a certain organisation that is a league of the ANC or certain personalities in there.
Of course, the leaders of the ANC Youth League have been calling for the destruction of property in the Western Cape, which is appalling.
Maar dit is net een voorbeeld van die manier waarop die jeug deesdae teleurgestel word. Die VF Plus, wat ook nie hier is nie, sowel as sy bedmaat, die ANC, trek die jeug agteruit deur hul herhaaldelike verwysings na die verlede se probleme. Hulle het albei 'n patologiese verslawing aan die pyn en swaarkry van apartheid.
Daar is net drie woorde wat oorbly in die ANC se woordeskat - apartheid, Polokwane en rassisme. En hulle herhaal dit oor en oor en oor in hierdie Huis totdat die jeug die televisie se afstandbeheer gryp en die kanaal verander!
Die VF Plus is in dieselfde posisie. Hulle gee die jeug niks om na uit te sien nie, want hulle hak vas in die verlede. Dit is eintlik geen verassing dat die VF Plus en die ANC so heerlik saamwerk in die regering nie. Hulle leef die rasse-nasionalisme van die verlede uit - presies wat ons jeug nie nodig het nie.
Wat ons wel benodig is leierskap wat die jeug 'n droom gee van 'n toekoms waarin hulle kan glo. Sal dit nie wonderlik wees as ouers in hierdie land ons kinders hoop gee vir die toekoms nie?
In November verlede jaar het 'n vriendin van my, wat in 'n township grootgeword het, my in 'n restaurant vertel sy staan op die punt om na Londen-toe te vertrek. Haar redes was nie wat ek verwag het nie. Sy het gesê dat sy baie na aan haar ouers is, maar hulle leef in die verlede, en hulle kan nie aan die rassisme van die apartheidstyd ontkom nie. Sy kan dit nie meer vat nie, daarom verlaat sy die land. Sy het in Londen nou werk gekry. So verloor Suid-Afrika nog 'n belowende, jong, swart uitblinker wat hierdie land kon maak werk. (Translation of Afrikaans paragraphs follows.
This is only one example of the disappointments the youth have to suffer these days. The FF Plus, who is also not here, as well as its sleeping partner the ANC, is pulling the youth down with their repeated references to the problems of the past. They both have a pathological addiction to the pain and suffering of apartheid.
There are only three words remaining in the vocabulary of the ANC - apartheid, Polokwane and racism. They are repeating those words over and over again in this House, until the youth grab the remote control of the television in order to change the channel!
The FF Plus is in the same position. They are giving the youth nothing to look forward to, because they are still stuck in the past. It comes as no surprise that the FF Plus and the ANC are working so well together in government. They are reliving the racist nationalism of the past - exactly what our youth does not need.
What we do need is leadership that can give the youth a dream of a future in which they can believe. Would it not be wonderful if parents in this country could still give our children hope for the future?
In November last year a girlfriend of mine, who grew up in a township, told me in a restaurant that she is on her way to London. Her reasons were not what I expected. She said that she is very close to her parents, but they are living in the past, and they cannot steer away from the racism of the apartheid era. She cannot stand it anymore and that is why she is leaving the country. She got a job in London. Hence South Africa loses another promising, young, outstanding African who could have helped to improve this country.
Chairperson, parents and grandparents who are still holding onto the pain of the past do not have a free and open hand to grasp the opportunities of the future.
Another friend of mine told me last week that his grandmother has just declared that when the 2010 Fifa World Cup is over she intends burning down the house and the spaza shop of the illegal immigrant family that live at the end of the street! She feels that these illegal immigrants are taking job opportunities and housing space away from true South African families.
This kind of behaviour does not set a good example to our youth and it is, then, not surprising when we get the behaviour that the hon Deputy Minister of Transport, who is not here, was referring to this week. Shame!
So, I am here to recruit you to rise above the suffering of the past, to tell our young people about the extensive goodwill in this country, and to tell them that there are opportunities out there waiting for them so that they can excel. They can start new businesses, like Mark Shuttleworth did, and make it big in the international arena. They can succeed, like the 1995 South African rugby team did. They can build South Africa's first satellite and launch it into space, as they did at Stellenbosh University with the Sunsat project.
I am here to recruit you to set an example by telling our youth that they can and that they will succeed, and that their generation will rise above what we have done and break those racial chains of the past. They will inherit a truly equal-opportunity society. Now, let us go out there and build it! I thank you.
Mr K B MANAMELA: Hon Chairperson of the House, hon members, while I was sitting here I was planning to stick to what I was going to say, but I was distracted by the hon Ollis who has just spoken. I don't know where he came from; he just popped up at this podium and said things with which I suppose the majority of young South Africans would definitely never ever agree. This is precisely because if they did, they would have queued to vote for the DA in the last elections. And that is why they didn't do that! [Interjections.
This year we are commemorating the 34th anniversary of June 16, which saw the revolt of young people against the oppressive system of apartheid. When they marched out of school on that day, they chanted slogans for democracy and immediately pushed South Africa's brutal regime back onto the international agenda. They had teargas, rubber bullets and live ammunition fired at them and, on the spot, Hector Peterson became the first victim of the brutal force unleashed by the regime on that day, June 16.
The scores of young and innocent bodies recorded on that day were meant to intimidate any form of uprising anywhere in the country. That failed, as the youth went all out to depose the apartheid regime and ultimately did so 28 years later.
If you give me a fair chance, I will show you the true meaning of democracy.
That is the fair chance, hon Ollis, that the majority of young South Africans are still lacking.
These words are what have inspired different generations of young people since colonisation, oppression and exploitation. From the youth rebellions led by Shaka - Ufasimba - to those led by Bambatha against the tax laws; to those who were forced to work underground in the mines for the gold and diamonds they would never own while they were dispossessed of their land and cattle; to those who fought against the Land Act of 1913, were all pushed by these words: If you give me a fair chance, I will help you understand the true meaning of democracy.
From the youth, who protested against the terrible working conditions in the economically booming Johannesburg; to those who felt the harsh and brutal realities of apartheid capitalism as they were forcibly removed from Sophiatown to Soweto; to those who formed the ANC Youth League, the SA Student Organisation and the Congress of South African Students; to those who revolted on the cold morning of June 16, beginning their action in Morris Isaacson, they shared that sentiment. [Interjections.
If you give me a fair chance, hon Barnard, I will make you better understand the true meaning of democracy. [Applause.
These words pushed into action those young people who skipped the country to train as soldiers of uMkhonto weSizwe and the Azanian People's Liberation Army; those who were incarcerated on Robben Island; and those who today are afforded an opportunity to vote. Yet the brutal force of the capitalist system, defended by the DA on a daily basis, prevents them from truly enjoying the true fruits of democracy. These words echo: If you give me a fair chance, I will help you understand the true meaning of democracy.
As a free, democratic country we have made significant strides towards a better life for all South African citizens, black or white. However, we constantly remind ourselves that much more needs to be done if we are to speak of a truly free, democratic and just society. This is all that our youth of today are fighting for: a fair chance.
Of course they know that the blood of Kalushi Mahlangu did nourish the tree of democracy and freedom. They know that had it not been for our democratic system ushered in in 1994, they would still be required to carry pass books, be forced to learn in the language of the oppressor, see their parents being humiliated for opposing the system of apartheid and hear that their brothers and sisters were harassed and detained without trial.
They also know that they would never have been allowed to vote for the government of their choice and see the ANC-led alliance being the majority party. Instead they would not have had any hope and have been full of despair at the prospect of there being a black president of this country.
Yet they still say, "Nay, these are the only political gains from the sweat that Nelson Mandela, Govan Mbeki and Robert Sobukwe shed as they languished in jail. What about the economy What about the land" they ask?
"What about the ownership of the factories and the mines What about the banks and the monopolies; were these not the same fair chances that Ruth First and Chris Hani fought for These are the same institutions that formed part of the exploitation of our parents and our parents' parents. If we are given a fair chance in the ownership of these institutions, then we will help you understand the true meaning of democracy." [Applause.?
The youth declare that our country is the most unequal society in the world, surpassing Brazil in terms of the Gini coefficient measure of income inequality.
They come out onto the streets in true June 16 protest style and bemoan poor service delivery by municipalities, but yet the main precursors of these protests remain unemployment. They come out onto the streets in true June 16 style and blame people from neighbouring countries for their economic miseries; and yet the true precursors of their unemployment is the continued skewed racial ownership patterns of our economy.
They come out onto the streets in true June 16 style and demand to be taken to Gauteng or Mpumalanga, and, yet, the real precursors are the actual demands for land and bread in our country.
If you listen to them carefully, they ask, this youth: Is this what Mandela fought for Did he fight only to have our government being held solely accountable for our misery Did he struggle only to have us pushing each other to be first in the queue for social grants?
What about the accountability of the private sector Are they not the ones who are looting us - our sweat and blood - and then rewarding themselves with huge bonuses Are they not the ones who are pushing our government away when it seeks to transform the ownership patterns of our economy?
Many in the private sector celebrate the fact that they have reached their 26% black economic empowerment and 40% black management targets of their companies, as per the Employment Equity Act. But is that a fair chance, especially when 74% of the economy is still in white hands - and the DA, on a daily basis, is here to defend that [Applause.] Look at the racial profiles of the owners and managers of the companies listed on the stock exchange. Is that a fair chance That's what we ask. [Interjections.?
For them - and listen to them closely - true and total transformation and a fair chance mean that the ownership of wealth should be in the hands of the majority in pursuit of a humane society.
For the youth of our country, June 16 means that we should pursue the values of a caring, loving and secure society. For them, June 16 should be about education and skills for those who are illiterate and unskilled so that they are able to get jobs or create jobs.
June 16 for the youth of our country means access to health care for those who are sick. It means housing for those who have no shelter. It means an end to exploitative practices, especially in the private sector. [Interjections.
If you look at the inequalities in our society, in which CEOs of banks are paid millions of rand on the basis of how much debt they are able to sell to our communities, there is no accountability. If you look at the CEOs of bread companies who are paid millions of rand on the basis of how much price-fixing they are able to do, that is what we call a lack of accountability in the private sector.
If I start with you, hon Kohler-Barnard, you would not even be able to finish saying "BBC". [Interjections.] [Applause.] Others will proclaim and say: "But it is our constitutional right to accumulate as much as possible and then the government should take care of the rest. You cannot take away our factories and our land because they are protected by the Constitution." [Interjections.
But is it not the same Constitution in which the right to work, the right to life, the right to speak in Parliament [Interjections.
Mr M J ELLIS: Chairman, I rise on a point of order. It would appear that the hon speaker at the podium is now talking in some kind of code. I believe it is important that he explain to us what "BBC" actually means. [Interjections.] Because, quite frankly, Mr Chairman, if he is making some kind of crude joke, it is important that we understand it. [Interjections.] It's not possible that he could stand up there and speak in a kind of...
The HOUSE CHAIRPERSON (Mr K O Bapela): Order, hon members!
Mr M J ELLIS: It's not possible that he could stand up there and speak in a kind of code that is not understood by all Members of Parliament. I suspect it is unparliamentary. [Interjections.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon Manamela, could you explain what "BBC" is, if you can. [Interjections.
Mr S L TSENOLI: Point of order, point of order, Chairperson!
The HOUSE CHAIRPERSON (Mr K O Bapela): What is your point of order I didn't say it is unparliamentary; I just said he should explain. That's all I am asking?
Mr S L TSENOLI: Chairperson, I believe the hon Ellis is playing games and interrupting the speaker. There is no reason for him to explain that, in our opinion.
The HOUSE CHAIRPERSON (Mr K O Bapela): I will leave it to Mr Manamela to explain, if he so wishes. When he continues with his speech he will probably give us an opportunity of knowing what BBC is.
Mr K B MANAMELA: Thank you very much. With the 2010 Fifa World Cup around the corner, researchers in the field of...
Mr M J ELLIS: On a point of order again, Mr Chairman. I thought that you had ruled that he had to tell us what BBC stands for. [Interjections.
The HOUSE CHAIRPERSON (Mr K O Bapela): I said [Interjections.
Mr M J ELLIS: But, Mr Chairman [Interjections.] Mr Chairman [Interjections.
The HOUSE CHAIRPERSON (Mr K O Bapela): I said he could continue with his speech. At the end, he can explain what it is.
Mr M J ELLIS: But, Mr Chairman, what he actually said now might be incredibly pertinent to what he says in the future. [Interjections.] He can't tell us at the end, sir. He has to tell us now. [Interjections.
The HOUSE CHAIRPERSON (Mr K O Bapela): The difficulty here is that we don't know what BBC stands for.
Mr M J ELLIS: But, Mr Chairman, he knows...
The HOUSE CHAIRPERSON (Mr K O Bapela): We can't say it is unparliamentary at the same time, right?
Mr M J ELLIS: I agree with you fully, sir. But the trouble is that he needs to tell us what it means, because he is the only one, as far as I know, who knows what it is. [Interjections.] He needs to tell us now, sir.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon Ellis, thank you very much. Hon Manamela, I said you could explain it to the House, but continue and then before you leave the podium if you could just explain it. [Interjections.
Mr K B MANAMELA: "BBC" is a public broadcaster in Britain, so there is nothing unparliamentary with saying BBC. [Laughter.] [Interjections.
Let me just deal with you very briefly. I searched very hard in the manifesto of the DA for values that would build a nonracist, nonsexist and democratic society. I must tell you that it was a fruitless exercise. I also hoped to come across a clause in that manifesto speaking to an open-toilet society for the residents of Guguletu. [Interjections.] And I still did not find that particular clause in the manifesto.
Whatever opportunities there are in open toilets, I can only leave to the imagination of the Premier of the Western Cape and the Mayor of Cape Town. I wonder if their houses have the same toilets as those in Guguletu. But how ironic that a struggle for better toilets has sparked the downward spiral of the DA government in the Western Cape. The people of this city will flush you down the same toilet.
I also came across a statement by the same DA about why there is a need to implement a youth employment subsidy, because they insist that this is their idea. There is nothing whatsoever.
What the ANC government will implement is a youth employment subsidy to the benefit of the youth of our country and not in the way in which you are trying to present it, which is to the benefit of the company bosses and all of those things. That is not going to happen.
Thirty-four years after June 16, the objectives of building a nonracist, nonsexist and democratic society still remain. The goal of liberating blacks and Africans from economic and political bondage still remains. In doing this, we have to understand that there is growing anger and frustration among the black youth who are yet to share the collective fruits of our democracy.
This leads them to violent protest, usage and trafficking of drugs, prostitution, co-option by crime cartels, desire for the life of "bling" as most of the opportunities are closed by the unaccountable - in particular, the private sector.
Equally, in doing so, we have to address the fears and suspicions of young, white South Africans - and not in a political way because we know that if we begin to engage with these issues, in particular with political parties, all they are interested in is perpetuating the racial profiling of our political parties. Therefore, it should be engagement with the majority of our people in building a collective society.
We, equally, have to ensure that a nonracist society can only be attained if it is an equal society. We have to contribute equally to ensuring that white is not generally identified with wealth, whilst black is identified with poverty. It is in the interests of all South Africans, especially us as the youth, that we pursue the goals of an equal, nonracist and democratic society based on social justice. In that way, in our striving for social justice, the other accompanying ills of crime, HIV and Aids, and so forth, will come to an end.
I think it should be very embarrassing that you compare a young person, whose opportunities are closed completely, to Mark Shuttleworth, who had abundant opportunities provided to him by a long-standing, oppressive apartheid regime. [Applause.
I think that you should be very embarrassed to begin to compare the opportunities of young people in Alexandria to those of young people in Sandton. [Interjections.] You should be very ashamed of yourself to actually come here and do that. [Interjections.] [Applause.
In closing, I think the only thing that will keep the DA alive is to speak as long as possible about the president of the ANC Youth League. I think he will continue to disappoint you, because his role is not to build the DA. I think if your policies are based on that, you must be careful of what the ANCYL and the Young Communists League are doing - flushing out the DA! [Interjections.
To conclude, to borrow from Don Mattera's lovely poem "Sea and sand".
But more the South of Africa where we live...
Whose fathers raped the land...
And break the shackles around their hearts?
The HOUSE CHAIRPERSON (Mr K O Bapela): Order, order, hon members! Order!
Mr I VADI: House Chairperson, I am not here to recruit anybody, and I hope I will be given a fair chance. My report will be less poetic, less emotional and more sedate.
Last week I reported to the House that the Portfolio Committee on Communications had completed the process of interviewing candidates for four vacancies on the Council of Independent Communications of SA, Icasa.
The committee, and subsequently this House, recommended to the Minister seven candidates for appointment. They were: Mr John Matisonn, Ms Ntombizodwa Ndhlovu, Mr Joseph Lebooa, Ms Mankakane Violet Magagane, Mr William Currie, Adv Luthando Mkumatela and Dr Stephen Mncube.
The Minister had to consider these recommendations and had to recommend four candidates to the House for a final decision. The Minister has now done so. He recommended that Ms Ntombizodwa Ndhlovu, Mr Joseph Lebooa, Mr William Currie and Dr Stephen Mncube be appointed to the Icasa Council. The Portfolio Committee on Communications met yesterday and unanimously agreed to support the Minister's decision. That includes all parties in the committee.
The Minister has considered the matter very carefully and has heeded the advice of the committee. He has taken into account the many challenges that beset Icasa. The recommended candidates possess skills relating to electronic engineering, broadcasting, electronic communications and postal policy, as well as public policy development. The recommended list also goes some way to meet the requirements of representivity.
Should the House approve these candidates this evening, the Minister will have to indicate the respective appointment dates as the vacancies come into effect in June, September and October this year. As I pointed out last week, he must also ensure that there are no conflicts of interest and that each candidate has disposed of any financial interests in terms of section 6 of the Icasa Act before the actual appointment is made.
The committee therefore recommends that the House approve the appointments of Ms Ntombizodwa Ndhlovu, Mr Joseph Lebooa, Mr William Currie and Dr Stephen Mncube to serve on the Council of Icasa. Thank you very much. [Applause.
Ms Ntombizodwa (Miki) Ndhlovu.
Question agreed to.
Report adopted and the exclusion of a portion of state land from the Lowveld National Botanical Garden accordingly approved.
The HOUSE CHAIRPERSON (Mr K O Bapela): The motion is that the Report be adopted. Are there any objections?
Mr M J ELLIS: Mr Chairman, I simply stand to say that there is no objection from the DA. [Laughter.
Report on Public hearings on Labour Broking accordingly adopted.
Report on Oversight Visit to De Doorns Farms accordingly adopted.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon members, you are reminded to put on your Bafana Bafana gear again tomorrow, but to bear in mind the decorum of the House; no takkies and no jeans.
The House adjourned at 19:00.
Legislative proposal to regulate private funding of political parties (Mr L W Greyling).
Report of the Public Service Commission (PSC) on the Effectiveness of Public Service Leadership in the Promotion of Intergovernmental Relations [RP 30-2010].
<fn>GOV-ZA.3361En.2012-02-10.en.txt</fn>
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whether her Department has received a progress report from the IEC in respect of their expenditure for the 2011 local elections up to the latest specified date for which information is available; if not, why not; if so, what are the main findings of this report?
Voter registration is a continuously ongoing process. It includes, among others, people registering at Municipal electoral offices, during normal office hours, and during registration events at, for example, schools and universities. If the Honourable Member is referring to the two special registration weekends held in preparation for the 2011 Local Government Elections, the amount budgeted for these events was R328,510,266.00. It is not, yet, possible to determine the amount which was, actually, spent.
Money was transferred to the IEC, based on the amount appropriated to it by Parliament. The money was transferred in October 2010 and, January 2011. This money was based on the cash-flow projections of the IEC.
No direct progress report has been submitted to the Department, as the IEC is exempted from reporting to the Department, in terms of section 40(1)(e) of the Public Finance Management Act.
<fn>GOV-ZA.3362En.2012-02-10.en.txt</fn>
In his message of support, President Mbeki further assured President-elect Morales that the South African government stood ready to assist the government and people of Bolivia on their road to democracy in any way it could.
<fn>GOV-ZA.3363En.2012-02-10.en.txt</fn>
Download application forms, claim forms, reports, and samples of employment documents with instructions.
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No. 8 of 2010: Voluntary Disclosure Programme and Taxation Laws Second Amendment Act , 1991.
amend the Mineral and Petroleum Resources Royalty (Administration) Act, 2008, so as to amend certain provisions; and provide for matters connected therewith.
Definitions 5 1. For the purposes of this Part. unless the context otherwise indicates, any meaning ascribed to a word or expression in a relevant tax Act must bear the meaning so ascribed.
"default" means the submission of inaccurate or incomplete information to the Commissioner, or the failure to submit information ur the adoption of a tax 10 position. where such submission. non-submission.
the correct amount of tax not being paid by the taxpayer: or an incorrect refund being made by the Commissioner; "Income Tax Act" means the Income Tax Act, 1962 (Act No, 58 of 1962); 15 "return" means any return. declaration. bill of entry or other document in terms of which a tax determination 15 made; "'tax" means any tax.
a lower rate of tax than the maximum applicable to that class of taxpayer or transaction applies; or an amount qualiï¬es as a reduction of tax payable.
This Part is administered by the Commissioner.
Any power granted to the Commissioner under this Part may be exercised by the Commissioner personally or any official delegated by the Commissioner for that purpose.
The provisions of section 4 of the Income Tax Act apply, with the changes required by the context, to this Part.
a pending audit or investigation into the person's affairs; or an audit or investigation that has commenced, but has not yet been concluded.
the default in respect of which the person wishes to apply for voluntary disclosure relief would not otherwise have been detected during the audit or investigation; and the application would be in the interest of good management of the tax system and the best use of the Commissioner's resources.
a trustee or beneï¬ciary of the person, if the person is a trust; or a person acting for or on behalf of or as an agent or ï¬duciary of the person, has become aware of the pending audit or investigation, or that audit or investigation has commenced.
be made within the period prescribed by the Commissioner by notice in the Gazette; and be in respect of a default which occurred prior to 17 February 2010.
The Commissioner may issue a nonbinding private opinion as to a person's eligibility for relief under this Part, if the person provides sufficient information to do so, which information need not include the identity of any party to the default.
section 3(1), 100 per cent; or section 3(2), 50 per cent, relief in respect of interest otherwise payable, up to the date of assessment described in section 9.
The granting of the relief under section 6 must be evidenced by a written agreement between the Commissioner and the applicant who is liable for the outstanding tax.
treatment of the issue in future years or periods; and relevant undertakings by the parties.
regard any amount paid in terms of the voluntary disclosure agreement to constitute part payment of any further outstanding tax in respect of the relevant default; and pursue prosecution for any statutory offence under a tax Act or a related common law offence.
Any decision by the Commissioner under subsection (1) is subject to objection and appeal or internal review.
Where a voluntary disclosure agreement has been concluded under section 7, the Commissioner may, notwithstanding anything to the contrary contained in any tax Act, issue an assessment or make a determination for purposes of giving effect to the agreement.
Any assessment issued or determination made to give effect to an agreement under section 7 is not subject to objection and appeal or internal review.
The Commissioner must within 12 months after the expiry of the period prescribed under section 4(g), provide to the Auditor-General and to the Minister of Finance a summary of all voluntary disclosure agreements concluded in respect of applications received during the period.
not disclose the identity of the applicant concerned, and must be submitted at such time as may be agreed upon between the Commissioner and the Auditor-General or Minister of Finance, as the case may be; and contain details of the number of voluntary disclosure agreements, the amount of tax and interest assessed and the relief granted in terms of section 6(b) and (c), which must be reï¬ected in respect of main classes of taxpayers or segments of the public.
The Minister may make regulations regarding any ancillary or incidental administrative or procedural matter that is necessary to prescribe for the proper implementation or administration of this Part.
Amendment of section 3 of Act 40 of 1949, as amended by section 6 of Act 88 of 1974, section 1 of Act 99 of 1981, section 4 of Act 97 of 1993, section 10 of Act 37 of 1996, section 6 of Act 60 of 2001, section 3 of Act 74 of 2002, section 1 of Act 35 of 2007 and section 2 of Act 17 of 2009 12.
''(2) Pending the completion of the declarations referred to in section [fourteen] 14, or the determination of the amount of duty payable under this Act, a deposit on account of the duty payable [may be made manually or electronically, to the office of the South African Revenue Service to which the duty is payable in terms of subsection (3)] must be made by way of an electronic payment.'
must be made by way of an electronic payment.''.
Subsection (1) comes into operation on 1 January 2011 and applies to any payments made on or after that date.
Amendment of section 14 of Act 40 of 1949, as amended by section 6 of Act 88 of 1974, section 1 of Act 34 of 2004 and section 1 of Act 36 of 2007 13.
''(1) Declarations appropriate to the manner of the acquisition of property in any particular case shall[, in substance as near as possible to the wording of the forms prescribed by the Commissioner, be completed and submitted in such manner (including electronically) and at such place] be submitted electronically, in the form and manner and containing such information as may be prescribed by the Commissioner, by the parties to the transaction whereby the property has been acquired and, if the Commissioner so directs, also by the agent, auctioneer, broker or other person who acted for or on behalf of either party to the transaction or, if the property has been acquired otherwise than by way of a transaction, by the person who acquired the property.'
''(3) An estate agent as contemplated in section 1 of the Estate Agency Affairs Act, 1976 (Act No. 112 of 1976), who is entitled to any remuneration or other payment in respect of services rendered in connection with a transaction in terms of which a person acquired property contemplated in paragraphs (d), (e) or (f) of the deï¬nition of 'property', must within six months of the date of acquisition of that property submit details of that transaction to the Commissioner in a form and in such manner as prescribed by the Commissioner.'
''(4) Any person required to complete a declaration in terms of this section must [sign the declaration and furnish it to the Commissioner] affix an electronic or digital signature as a valid signature to such declaration, and [the person signing the declarations] such person is deemed for all purposes in connection with this Act to know and understand the meaning of all statements made in that declaration.'
''(6) The [Minister may make] rules and regulations made by the Minister in terms of section 66(7B) of the Income Tax Act, prescribing the procedures for submitting any declaration in electronic format and the requirements for an electronic or digital signature, apply mutatis mutandis to [contemplated in] subsection (5).'
''(6) The rules and regulations made by the Minister in terms of section 66(7B) of the Income Tax Act, prescribing the procedures for submitting any delcaration in electronic format and the requirements for an electronic or digital signature, apply mutatis mutandis to subsection [(5)] (4).'
''(7) Where in any proceedings or prosecution under this Act or in any dispute to which the State, the Minister or the Commissioner is a party, the question arises whether an electronic or digital signature of a person affixed to any declaration as contemplated in subsection [(6)] (4) was used with or without the consent and authority of that person, it shall, in the absence of proof to the contrary, for the purposes of this Act be presumed that such signature was so used with the consent and authority of that person.''.
Subsection (1)(a), (b), (c), (d), (e), (g) and (h) come into operation on 1 January 2011 and applies to any payments made on or after that date.
Subsection (1)(f) is deemed to have come into operation on 8 January 2008.
Amendment of section 3 of Act 58 of 1962, as amended by section 3 of Act 141 of 1992, section 3 of Act 21 of 1994, section 3 of Act 21 of 1995, section 20 of Act 30 of 1998, section 3 of Act 59 of 2000, section 6 of Act 5 of 2001, section 4 of Act 19 of 2001, section 18 of Act 60 of 2001, section 7 of Act 74 of 2002, section 13 of Act 45 of 2003, section 4 of Act 16 of 2004, section 2 of Act 21 of 2006, section 1 of Act 9 of 2007 and section 3 of Act 36 of 2007, section 1 of Act 4 of 2008 and section 2 of Act 61 of 2008 14.
''(h) paragraphs 12(5)(c)(i), 29(2A), 29(7), 31(2), 65(1)(d) and 66(1)(e) of the Eighth Schedule.''.
Subsection (1)(a), in so far as it relates to section 30B of the Income Tax Act, 1962, comes into operation on the date of promulgation of this Act.
Amendment of section 76E of Act 58 of 1962, as inserted by section 12 of Act 34 of 2004 15.
a statement conï¬rming that all returns required to be rendered by that applicant in terms any Act administered by the Commissioner have been rendered and any taxes, duties or levies due to the Commissioner have been paid or arrangements acceptable to the Commissioner have been made for the submission of any outstanding returns or for the payment of any outstanding taxes, duties or levies.'
''(c) where the class members are identiï¬able and number less than 10, a statement conï¬rming that each class member has fully complied with its relevant obligations under any Act administered by the Commissioner or has made arrangements acceptable to the Commissioner to do so.''.
Amendment of section 76G of Act 58 of 1962, as inserted by section 12 of Act 34 of 2004 and amended by section 4 of Act 9 of 2007 and section 8 of Act 61 of 2008 16.
where all returns required to be rendered by that applicant in terms of any Act administered by the Commissioner have been not been rendered, or where any taxes, duties or levies due to the Commissioner have not been paid and no arrangements acceptable to the Commissioner have been made for the submission of any outstanding returns or for the payment of any outstanding taxes, duties or levies; or where the class members are identiï¬able and number less than 10 each class member has not fully complied with its relevant obligations under any Act administered by the Commissioner and has not made arrangements acceptable to the Commissioner to do so.''.
Amendment of section 89quat of Act 58 of 1962, as inserted by section 34 of Act 121 of 1984 and amended by section 22 of Act 65 of 1986, section 18 of Act 70 of 1989, section 15 of Act 140 of 1993, section 42 of Act 113 of 1993, section 33 of Act 21 of 1995, section 24 of Act 36 of 1996, section 50 of Act 59 of 2000, section 29 of Act 5 of 2001, section 49 of Act 74 of 2002, section 17 of Act 34 of 2004 and section 18 of Act 4 of 2008 17.
the interest payable in terms of subsection (2) is a result of circumstances beyond the control of the taxpayer, the Commissioner may[, subject to the provisions of section 103(6),] direct that interest shall not be paid in whole or in part by the taxpayer [on so much of the said normal tax as is attributable to the inclusion of such amount or the disallowance of such deduction, allowance, disregarding or exclusion].
Subsection (1) comes into operation on 1 November 2010 and applies to years of assessment ending on or after that date.
Amendment of paragraph 1 of Fourth Schedule to Act 58 of 1962, as added by section 19 of Act 6 of 1963 and amended by section 22 of Act 72 of 1963, section 44 of Act 89 of 1969, section 24 of Act 52 of 1970, section 37 of Act 88 of 1971, section 47 of Act 85 of 1974, section 6 of Act 30 of 1984, section 38 of Act 121 of 1984, section 20 of Act 70 of 1989, section 44 of Act 101 of 1990, section 44 of Act 129 of 1991, section 33 of Act 141 of 1992, section 48 of Act 113 of 1993, section 16 of Act 140 of 1993, section 37 of Act 21 of 1995, section 34 of Act 36 of 1996, section 44 of Act 28 of 1997, section 52 of Act 30 of 1998, section 52 of Act 30 of 2000, section 53 of Act 59 of 2000, section 19 of Act 19 of 2001, section 32 of Act 30 of 2002, section 46 of Act 32 of 2004, section 49 of Act 31 of 2005, section 28 of Act 9 of 2006, section 39 of Act 20 of 2006, section 54 of Act 8 of 2007, section 64 of Act 35 of 2007, section 43 of Act 3 of 2008, section 66 of Act 60 of 2008 and section 17 of Act 18 of 2009 18.
''(dd) a person exempt from payment of provisional tax in terms of paragraph 18.''.
Subsection (1)(a), (b) and (c) come into operation for years of assessment commencing on or after 1 March 2011.
Amendment of paragraph 11A of Fourth Schedule to Act 58 of 1962, as inserted by section 45 of Act 89 of 1969 and amended by section 47 of Act 28 of 1997, section 19 of Act 34 of 2004, section 51 of Act 31 of 2005 and section 67 of Act 35 of 2007 19.
is not resident nor has a representative employer; or is unable to deduct or withhold the full amount of employees' tax during the year of assessment during which the gain arises, by reason of the fact that the amount to be deducted or withheld from that employee by way of employees' tax exceeds the amount from which the deduction or withholding can be made, that person and that employer must deduct or withhold from the remuneration payable by them to that employee during that year of assessment an aggregate amount equal to the employees' tax payable in respect of that gain and shall be jointly and severally liable for that employees' tax.''.
Amendment of paragraph 11B of Fourth Schedule to Act 58 of 1962, as amended by section 41 of Act No 90 of 1988, section 22 of Act 70 of 1989, section 47 of Act 101 of 1990, section 46 of Act 129 of 1991, section 34 of Act 141 of 1992, section 40 of Act 21 of 1995, section 35 of Act 36 of 1996, section 40 of Act 21 of 1995, section 35 of Act 36 of 1996, section 48 of Act 28 of 1997, section 53 of Act 30 of 1998, section 56 of Act 59 of 2000, section 33 of Act 30 of 2002, section 56 of Act 74 of 2002, section 22 Act 16 of 2004, section 43 of Act 20 of 2006, section 105 of Act 8 of 2007 and section 44 of Act 3 of 2008 20.
''be an amount (to be known as Standard Income Tax on Employees) which shall, subject to the provisions of subparagraphs (2A) and (4), be [ï¬nally] determined by the employer at the end of the tax period under the provisions of subparagraph (3).''.
Amendment of paragraph 12 of Fourth Schedule to Act 58 of 1962, as inserted by section 43 of Act 53 of 1999 and amended by section 15 of Act 61 of 2008 21.
has submitted a declaration or furnished a return as required in terms of paragraph 14 (2) or (3) but the Commissioner is not satisï¬ed with the declaration or return;''.
''(6) If an employer fails to render to the Commissioner a return referred to in subparagraph (3) within the period prescribed in that subparagraph, that employer shall be required to pay a penalty equal to 10 per cent of the total amount of employees' tax deducted or withheld from the remuneration of employees for [during] the period [described in] relating to the return required in terms of that subparagraph: Provided that the Commissioner may remit that penalty or portion thereof if he or she is satisï¬ed that the circumstances warrant it.''.
Amendment of paragraph 3 of Seventh Schedule to Act 58 of 1962 23.
and issue the employer with a notice of assessment in terms of paragraph 12 of the Fourth Schedule for the unpaid amount of employees' tax that is required to be deducted or withheld from such cash equivalent; or upon the assessment of the liability for normal tax of the employee to whom such taxable beneï¬t has been granted.''.
Amendment of section 4 of Act 91 of 1964 24.
Administration Commission such information in relation to imports and exports and importers and exporters as may be required by that Chief Commissioner for purposes of performing any function conferred on the Chief Commissioner by or in terms of the International Trade Administration Act, 2002 (Act No.
''(3A) The Statistician General or the Director-General of the Department of Trade and Industry or the National Treasury as deï¬ned in the Exchange Control Regulations, 1961, or the Governor of the South African Reserve Bank or the National Commissioner of the South African Police Service or the National Director of Public Prosecutions or the Director-General of the National Treasury or any person acting under the direction and control of such Statistician-General or Director-General of the Department of Trade and Industry or Governor of the South African Reserve Bank or National Commissioner of the South African Police Service or National Director of Public Prosecutions or the Director-General of the National Treasury or the Chief Commissioner of the International Trade Administration Commission shall not disclose any information supplied under the proviso to subsection (3) to any person or permit any person to have access thereto, except in the exercise of his or her powers or the carrying out of his or her duties under any Act from which such powers or duties are derived.''.
Subsection (1) is deemed to have come into operation on 1 June 2003.
Continuation of amendments made under section 119A of Act 91 of 1964 25. Any rule made under section 119A of the Customs and Excise Act, 1964, or any amendment or withdrawal of or insertion in such rule during the period 1 October 2009 up to and including 31 May 2010 shall not lapse by virtue of section 119A(3) of that Act.
Amendment of section 1 of Act 89 of 1991, as amended by section 21 of Act 136 of 1991, paragraph 1 of Government Notice 2695 of 8 November 1991, section 12 of Act 136 of 1992, section 1 of Act 61 of 1993, section 22 of Act 97 of 1993, section 9 of Act 20 of 1994, section 18 of Act 37 of 1996, section 23 of Act 27 of 1997, section 34 of Act 34 of 1997, section 81 of Act 53 of 1999, section 76 of Act 30 of 2000, section 64 of Act 59 of 2000, section 65 of Act 19 of 2001, section 148 of Act 60 of 2001, section 114 of Act 74 of 2002, section 47 of Act 12 of 2003, section 164 of Act 45 of 2003, section 43 of Act 16 of 2004, section 92 of Act 32 of 2004, section 8 of Act 10 of 2005, section 101 of Act 31 of 2005, section 40 of Act 9 of 2006, section 77 of Act 20 of 2006, section 81 of Act 8 of 2007, section 104 of Act 35 of 2007, section 68 of Act 3 of 2008 and section 104 of Act 60 of 2008 26.
''(iii) which is a party to a 'Public Private Partnership Agreement' as deï¬ned in Regulation 16 of the Treasury Regulations issued in terms of section 76 of the Public Finance Management Act, 1999 (Act No. 1 of 1999), to the extent that that party supplies goods or services in terms of that Agreement to the 'institution' deï¬ned in that Regulation;''.
Amendment of section 9 of Act 89 of 1991, as amended by section 25 of Act 136 of 1991, section 25 of Act 97 of 1993, section 21 of Act 46 of 1996, section 26 of Act 27 of 1997, section 167 of Act 45 of 2003, section 96 of Act 32 of 2004, section 103 of Act 31 of 2005, section 172 of Act 34 of 2005 and section 28 of Act 36 of 2007 27.
in the case of such supplier, at the time any such coin, paper currency or token is taken from that machine, meter or other device by or on behalf of the supplier or an amount is received by the supplier by other means; and in the case of the recipient of such supply at the time the coin, paper currency or token is inserted into that machine, meter or other device by or on behalf of the recipient or when payment is tendered through other means;''.
Amendment of section 14 of Act 89 of 1991, as amended by section 171 of Act 45 of 2003 and section 101 of Act 32 of 2004 28.
Provided that where the recipient is a vendor, that vendor must calculate the tax payable on the value of the imported services at the rate of tax in force on the date of supply of the imported services and must furnish the Commissioner with a return reï¬ecting the information required for the purposes of the calculation of the tax in terms of section 14 and pay such tax to the Commissioner in accordance with section 28.''.
Subsection (1) comes into operation on 1 February 2011.
Amendment of section 16 of Act 89 of 1991, as amended by section 30 of Act 136 of 1991, section 21 of Act 136 of 1992, section 30 of Act 97 of 1993, section 16 of Act 20 of 1994, section 23 of Act 37 of 1996, section 32 of Act 27 of 1997, section 91 of Act 30 of 1998, section 87 of Act 53 of 1999, section 71 of Act 19 of 2001, section 156 of Act 60 of 2001, section 172 of Act 45 of 2003, section 107 of Act 31 of 2005, section 47 of Act 9 of 2006, section 83 of Act 20 of 2006, section 83 of Act 8 of 2007, section 106 of Act 35 of 2007 and section 30 of Act 36 of 2007 29.
a document issued by the supplier in compliance with section 20(7) or 21(5); or''.
Amendment of section 20 of Act 89 of 1991, as amended by section 25 of Act 136 of 1992, section 33 of Act 97 of 1993, section 35 of Act 27 of 1997, section 94 of Act 30 of 1998, section 91 of Act 53 of 1999, section 157 of Act 60 of 2001, section 175 of Act 45 of 2003, section 47 of Act 16 of 2004, section 104 of Act 32 of 2004, section 38 of Act 21 of 2006, section 14 of Act 9 of 2007 and section 35 of Act 18 of 2009 30.
''(6) Notwithstanding any other provision of this Act, a supplier shall not be required to provide a tax invoice if the total consideration for a supply is in money and does not exceed R50: Provided that the supplier shall provide the recipient with a document as is acceptable to the Commissioner.'
shall verify such name and identity number of any such natural person with reference to his identity document, as contemplated in section 1 of the Identiï¬cation Act, 1997 (Act No.
[Provided that this subsection shall not require that recipient to keep such records where the total consideration for that supply is in money and does not exceed R50 or an amount determined by the Commissioner].''.
Amendment of section 28 of Act 89 of 1991, as amended by section 29 of Act 136 of 1992, section 79 of Act 30 of 2000, section 44 of Act 5 of 2001, section 158 of Act 60 of 2001, section 118 of Act 74 of 2002, section 179 of Act 45 of 2003, section 37 of Act 32 of 2005, section 32 of Act 36 of 2007 and section 41 of Act 61 of 2008 31.
''(a) furnish the Commissioner with a return reï¬ecting such information as may be required for the purpose of the calculation of tax in terms of section 14 or 16; and''.
Amendment of section 8 of Act 4 of 2002, as amended by section 81 of Act 30 of 2002 and section 48 of Act 19 of 2009 32.
by such date or dates as prescribed by the Commissioner by notice in the Gazette; and if during any such period the employer ceases to carry on any business or other undertaking in respect of which the employer has paid or becomes liable to pay a contribution as determined in terms of section 6, or otherwise ceases to be an employer, within 14 days after the date on which the employer has so ceased to carry on that business or undertaking or to be an employer, as the case may be, or within such longer time as the Commissioner may approve, render to the Commissioner such return as the Commissioner may prescribe.''.
Subsection (1) is deemed to have come into operation on 30 September 2009.
Amendment of section 1 of Act 29 of 2008, as amended by section 61 of Act 18 of 2009 33.
the period commencing on 1 March 2010 and ending on the last day of the ï¬nancial year in which that period falls; or the period commencing on the ï¬rst day of that person's ï¬nancial year and ending on the last day of that ï¬nancial year, and if any ï¬nancial year begins on any day other than the ï¬rst day of a month, that ï¬nancial year is deemed to begin on the ï¬rst day of that month.''.
Subsection (1) is deemed to have come into operation on 1 March 2010.
Amendment of section 2 of Act 29 of 2008, as amended by section 62 of Act 18 of 2009 34.
''(b) wins or recovers a mineral resource extracted from within the Republic[.
''(c) elects to register for the purposes of this Act.'
''(ii) must apply to register with the Commissioner by [31 January] 28 February 2010; or''.
Subsection (1) is deemed to have come into operation on 1 November 2009.
Amendment of section 4 of Act 29 of 2008, as amended by section 63 of Act 18 of 2009 35.
[holds] one or more members of that unincorporated body hold a prospecting right, retention permit, exploration right, mining right, mining permit or production right granted pursuant to the Mineral and Petroleum Resources Development Act (or a lease or sublease mentioned in section 11 of the Mineral and Petroleum Resources Development Act in respect of such a right) [in the name of that unincorporated body]; and wins or recovers a mineral resource originating from within the Republic, all the members of that unincorporated body may elect that the unincorporated body is deemed to be a person for the purposes of this Act [and], the Royalty Act and the Income Tax Act as applied to the Royalty Act.''.
Amendment of section 5 of Act 29 of 2008 36.
one-half of the amount of the royalty so estimated; or if the number of months in that year is less than 12, an amount which bears to the amount so estimated the same ratio as the number of months that have elapsed in that year bear to the total number of months in that year, together with such return for that payment as the Commissioner may prescribe.''.
Amendment of section 14 of Act 29 of 2008 37.
''(1) If the royalty mentioned in section 6(1) in respect of a year of assessment exceeds the amount paid as mentioned in section 5 in respect of that year and that excess is greater than [10] 20 per cent of the royalty mentioned in section 6(1), the Commissioner may impose a penalty that may not exceed 20 per cent of that excess.'
Amendment of section 19 of Act 29 of 2008 38.
the methodology employed to adjust the amount of gross sales determined in terms of section 6 of the Mineral and Petroleum Resources Royalty Act; and the allocation of the amount in respect of assets used or expenditure incurred contemplated in section 5 of the Royalty Act per mineral resource.'
the Minister of Finance from disclosing to the Commissioner; and the Commissioner from disclosing to the Director-General of the Department of Mineral Resources; and the Minister of Finance and the Commissioner from disclosing to the chief executive officer of the agency designated by the Minister responsible for Mineral Resources in terms of section 70 of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 20 of 2002), any information submitted under this subsection.''.
This Act is called the Voluntary Disclosure Programme and Taxation Laws Second Amendment Act, 2010.
Save in so far as is otherwise provided for in this Act or the context otherwise indicates, the amendments effected by this Act come into operation on the date of promulgation of this Act.
Notwithstanding subsection (2), and save in so far as is otherwise provided for in this Act or the context otherwise indicates, the amendments effected to the Income Tax Act, 1962, by this Act are deemed for the purposes of assessments in respect of normal tax under the Income Tax Act, 1962, to have come into operation as from the commencement of years of assessment ending on or after 1 January 2011.
<fn>GOV-ZA.3372cf5699574b7988adDf620cc7fb63En.2012-02-10.en.txt</fn>
Strategic Overview 11 2.1. Mandate 11 2.2. Vision 11 2.3. Mission 11 2.4. Strategic Objective 11 2.5. Values 11 2.6. The Agency's Slogan 12 2.7.
Situational Analysis 14 3.1. Performance Environment 14 3.2. Organizational Environment 15 3.3. Description of the Strategic Planning Process 15 3.4. Medium term Strategic Orientation 16 3.5 Priorities for the period 2011/12-2013/14 16 3.6 Governance 20 3.
Poverty remains the main obstacle to the creation of an inclusive and caring society. As levels of destitution rise, government has to implement a number of initiatives that seek to reverse the severity of poverty among the majority of our people. Although over 15 million social grants are paid from the social safety net, levels of inequality remain stubbornly high. Inspired by the President's call to ensure that no child goes to bed hungry, we have increased the number of child support grant recipients, and over 10 million child-related social grants are paid.
Scientific research suggests that social grants have a huge beneficial impact on the lives of those who receive them. While some of these recipients use social grants to support their informal economic activities, others use the social grant as a means to seek employment. It can be safely concluded that social grants provide an important safety net for millions of South Africans and a springboard to better opportunities for some. This creates an opportunity for us to continue to expand the safety net to a number of South Africans who would otherwise be condemned to a life of destitution, especially within the context of high levels of unemployment.
In spite of the good progress made with regard to expanding Government's safety net, the Agency still has a long way to go in terms of enhancing its systems and processes in a way that will enable it to respond to the needs of its existing and potential beneficiaries. The migration from a cash- to an accrual basis of accounting was marred by a number of challenges, which resulted in a disclaimer audit opinion by the AGSA. Going forward, the Agency will implement all measures that work towards a clean audit report.
The other challenge that the Agency faces still is the continued application of a manual system to manage and administer its business. In the years ahead, the Agency will undertake a robust overhaul of its systems to improve service delivery to its customers. The continued use of manual systems has been a significant contributor to fraud and corruption in the social system. The Agency will intensify its efforts to implement a more proactive fraud-management strategy to ensure early detection and prevention of further losses. To this end, the Agency will continue to collaborate with other Government departments and law- enforce-ment agencies to reduce fraud and corruption in the social grants system.
The South African Social Security Agency will continue to deliver quality services to South Africans.
Consequently, specific steps will be taken to improve conditions at the pay points and service points in order to uphold respect for and dignity of beneficiaries. Furthermore, staff will be held accountable for the promises that are made to the South African population throughout this Strategic Plan.
The Agency has maintained a consistent provision of monthly-income support to a significant number of South Africans and implemented measures to reduce the turnaround times for the processing of grant applications. On average, turnaround times have decreased from 21 to 9 days. Another notable feature has been the expansion of the reach of social grants services - from 10 million grant benefits in 2006 to over 15 million in 2010. Rural areas have been targeted through the use of mobile units. To some extent, standardisation of services has also been achieved over the five-year period.
While the Agency's footprint is evident across the length and breadth of our country, challenges still remain. These challenges are set out below.
ï· The building of a nationally integrated social assistance system that contributes to im-provement in the management and the ad-ministration of social assistance have not been fully achieved.
ï· Ensuring an effective and cost efficient ad-ministration is made difficult by the fact that overall administration costs are still relatively high.
ï· Building a customer-focused institution is still not at the desired level.
The Business Case for the establishment of the Agency clearly identified the following as key success factors with respect to its establishment.
ï· Ensure enhanced financial accountability through client management systems (back office function), better grant review and maintenance systems, and enhancing fraud prevention strategies.
Over the first five years of its establishment the Agency had to strike a balance between the effort it made in establishing itself and ensuring that quality service delivery was not compromised.
ï· Ensuring effective and efficient financial management and accountability throughout the Agency remains a priority. In the previous financial year the Agency migrated from a cash- to an accrual basis of accounting.
ï· Fraud persists and continues unabated, notwithstanding proactive measures instituted by the Agency to limit fraudulent activities.
ï· Improved access to social security services.
However, the Agency has to shift gears if it wants to address the challenges alluded to in the preced-ing paragraphs. This strategic plan has to give ex-pression to a well thought out and coherent plan that seeks to position the Agency as a leading pub-lic entity in social security administration. The ser-vice delivery model provides such an opportunity.
For the first time in the life of the Agency, it has a comprehensive Service Delivery Model (SDM) that will lead to the provision of better services. This model directs the organisation's energy towards achieving synergy between the various business units and is based on sound business principles. The SDM is strategically pitched as it integrates the work of the organisation into a single coherent whole. The strategic plan 2011/12-2013/14 reflects this paradigm shift not only in the goals and objec-tives it sets for itself but also in how the budgets are allocated.
The Agency's SDM calls for the automation of core business processes to: minimise delays in the approval of social grants; improve the integrity of beneficiary data; and improve uniformity in the provision of social assistance services. The SDM further calls for a payment model that will ensure cost effectiveness and easy and convenient access to social grants by beneficiaries, as well as provide the Agency with information to facilitate accountability. The success of this model will depend on the Agency's ability to create opportunities for beneficiaries to access electronic payment systems as an alternative to the current cash-based method of payment.
The Agency's priority to enhance the integrity of systems seeks to transform the culture of service excellence and enhance its capability to deliver quality services in line with its mandate. The Agency has already put in place a number of systems, strategies, processes and models to enhance its service-delivery capability.
Another key project to be embarked upon in the next medium-term expenditure framework (MTEF) will be a business process re-engineering (BPR) exercise to assess and reconcile its mandate, processes and structure. The time to overhaul business processes has arrived now that the Agency has just completed its first five years of its existence.
The third priority calls for increased access to so-cial security services by eligible beneficiaries. The Agency has a national footprint that enables it to reach the most vulnerable groups, which are the elderly, people with disabilities, and orphaned and vulnerable children. Over the next three years the Agency will develop and implement a system that will serve as a conduit between social grants beneficiaries and other government institutions that provide other social security services. The priority also calls for building partnerships with all relevant stakeholders to improve access not only to social assistance but to other social services as well. The envisaged partnerships with councillors and traditional leaders, for example, will be instrumental in ensuring access to social services by eligible people and in eliminating unlawful and irregular access by those who do not qualify.
ï· Fraud management.
The Agency needs to deal decisively with fraud and corruption. The focus will now be on the prevention and detection of fraud and corruption. This will out of necessity entail further capacitation of the compliance unit.
ï· Good governance.
The Agency will strive at all times to project a positive image. Good governance cuts across the board from how the Agency is managed to how we treat our beneficiaries at the coal face of delivery.
ï· Beneficiary maintenance.
We need to ensure that information that affects the welfare of beneficiaries is timeously communicated to reach all beneficiaries.
ï· Audit outcomes.
The challenge is how we deal with prior year issues effectively so as to avoid further qualifications by the AGSA.
Going forward we need to ensure that our service delivery initiatives focus on our customers. For this reason it becomes imperative that a turnaround strategy is implemented focused on quick-wins and high impact interventions. Indeed, working together we can do more to ensure that the Agency lives up to its slogan of "paying the right grant, to the right person, at the right time and place NJALO."
In conclusion, I would like to acknowledge the con-tribution of the Minister and Deputy Minister of So-cial Development, and the Director-General of the Department of Social Development in the develop-ment of this strategic plan and wish to express my sincere appreciation for their support and guidance.
The mandate of the Agency is to ensure the provi-sion of comprehensive social security services against vulnerability and poverty within the consti-tutional and legislative framework.
A comprehensive social security service that assists people in being self-sufficient and supporting those in need.
To manage quality social security services, to eligible and potential beneficiaries, effectively and efficiently.
The Agency's main objective is to build a high-performance institution, which manifests itself by compliance with good governance principles, while striving for operational excellence via continued service delivery improvements to beneficiaries.
The Agency, as a public entity, subscribes to values that promote democracy and a culture of respect for human rights.
The Agency is committed to building unity and good relations amongst its internal and external stakeholders. This will be achieved via the promotion of a shared vision, shared values, the pursuance of common goals, and management of diversity.
As a public institution, the Agency will keep stakeholders informed of its decisions and operations. The Agency therefore provides for the right of stakeholders and the public to know what is taking place with regard to governance matters pertaining to them, and it also allows diverse views and multiple perspectives to influence its policy decisions.
The Agency is committed to the fair and impartial treatment of all its stakeholders and business partners. "Equity" encompasses the justness of actions that are free of favouritism, self-interest, bias or deception.
Integrity refers to basing one's actions on an internally consistent framework of principles. It im-plies honesty, as well as fair dealings with regard to the operations, finances and other business of the Agency. Acting with integrity is vital to maintaining public trust.
Confidentiality implies ensuring that information is accessible only to those authorised to have access to it. Confidentiality is based on the principle that certain information is privileged and may not be discussed with or divulged to third parties.
A customer-centred approach to service delivery takes the needs of customers into consideration by developing user-friendly and quality products and services. The Agency commits itself to designing social security solutions based on customer needs, both internally and externally.
Paying the right social grant, to the right person, at the right time and place. NJALO!
The Agency derives its mandate from the Acts described briefly below.
The Constitution of the Republic of South Africa, 1996 (Act No.
Section 27.1 (c) states that "everyone has the right to have access to: (a) health care services, including reproductive health care; (b) sufficient food and water; and (c) social security, including, if they are unable to support themselves and their dependants, appropriate social assistance".
South African Social Security Agency Act, 2004 (Act No.
This Act provides for the establishment of the South African Social Security Agency whose objects are to ensure effective and efficient administration, management and payment of social assistance, to provide for the prospective administration and payment of social security, including the provision of services related thereto, and to provide for matters connected therewith.
Social Assistance Act, 2004 (Act No.
This Act provides for the rendering of social assistance to persons; for mechanisms for the rendering of such assistance; for the establish-ment of an inspectorate of social assistance; and to provide for matters connected therewith.
The aim of this Act is to regulate financial management in national and provincial govern-ment institutions, so as to ensure that all reve-nue, expenditure, assets and liabilities of those institutions are managed effectively and efficient-ly and to provide for the responsibilities of per-sons entrusted with financial management in those institutions; and for matters connected therewith.
The Agency is a Schedule 3A public entity with the responsibility of managing and administering social security. The focus has been limited to social assistance while the Government's directive on comprehensive social security is awaited.
There has been a steady increase in the demand for the Agency's services and a subsequent increase in the workload of its staff since its establishment.
ï· 1.3 million are for people with disabilities.
The number of grant benefits increased from 13 million in 2008/09 to over 15 million in 2010/11. The average number of transactions that the Agency deals with per annum is 4,680,675. This number excludes payments.
The significant growth in the number of social grants has had a negative impact on service delivery and has resulted in an unfavourable audit report. In the 2009/10 financial year, the AGSA's office issued a qualified audit opinion, as it was unable to obtain sufficient, appropriate audit evidence to verify some of the transactions.
ï· There were more than 2 million files that should be destroyed.
The nature of the Agency's business renders it vulnerable to fraud and corruption. The Agency has developed and is implementing a fraud management strategy with prevention, detection, and response elements. The focus has, however, previously been more on reactive rather than proactive measures and has depended largely on a partnership with the Special Investigating Unit (SIU) for investigations and prosecutions. Ongoing challenges relating to fraud are listed below.
ï· The lack of intergovernmental collaboration and inadequate system interfaces have resulted in an environment where fraud flourishes.
The move from a cash basis of accounting to an accrual basis has brought about its own challeng-es for the Agency and has resulted in a disclaim-er Audit opinion by the AGSA. Key to the Dis-claimer was the Agency's inability to provide sup-porting documents to verify transactions.
ï· Improvement in financial management.
During the establishment of the Agency, the grants administration functions were integrated at both regional- and head-office level. While the strategic-leadership and management competen-cies (including reporting and accountability) have been largely centralised, the social assistance and administration services are still delivered through various regional, district, and local offic-es. While the payment function has been central-ised, the actual cash disbursements, excluding electronic payments through banks, are still con-ducted by cash payment contractors at various pay points throughout the country.
The moratorium on the filling of vacant funded posts has had an adverse effect on service deliv-ery. However, the Agency has prioritised critical posts to be filled in the 2011/12 financial year.
ï· Investment in information and communications infrastructure because of the uncertainty over tenure agreements.
Whilst the Agency encourages beneficiaries to be paid through electronic means, currently 70% of beneficiaries still receive their benefits in cash at pay points. The conditions at pay points leave much to be desired.
ï· Exploitation of beneficiaries by merchants and money lenders occurs.
ï· Business process re-engineering accelerated.
The Department : Corporate Strategic and Operational Planning Support held a series of meetings with the branches for the purpose of finalising the MTEF targets, with special reference to the projects identified above. The document was tabled at EXCO, where it was interrogated, amended and approved.
The Agency's strategic plan is guided by the provisions as contained in the SASSA Act, 2004 (Act No.9 of 2004) as well as government's approach to planning.
ï· Fighting against crime and corruption.
In determining priorities for the MTEF period, the Agency has identified Government priority number one - "Creation of decent work and sustainable livelihoods" - as key to informing its plans going forward.
Agency. The establishment of the Agency arising from the combination of provincial entities/processes resulted in an operating environment where different operating models were in place in various regions. The Agency still seeks to further standardise operations and align organisational structures to generic business processes and rules. Another aim is to develop norms and standards for the processes within the entire Agency and throughout the various tiers.
Accordingly, the Agency is in the process of initiating a BPR intervention that is aimed at re-looking at all the processes in the Agency's operating divisions and critically analysing and redesigning them in a manner that will result in significant and dramatic improvements in quality, performance and cost. BPR has to refocus the Agency's values on beneficiary needs and re-emphasise Batho Pele principles. In this way, enhanced service delivery will be provided for.
Priority 1 3. 5.
This priority is significant as it demonstrates that the Agency cares about its customers. It is also concerned with creating humane conditions for beneficiaries to receive their grants in.
ï· Improvement of conditions at pay points.
New policy reforms refer to the extension of the child support grant to age 18 and the implementation of an internal reconsideration mechanism. This mechanism is geared towards reviewing unfavourable decisions with respect to grant applications.
The Agency will adopt a focused approach in the next MTEF to address the findings of the AGSA with respect to missing files, loose correspondence, transfer of files, and review of files, for example. Noting the economic challenges faced by the poorest of the poor, a concerted effort will be made to reach the most vulnerable in our society.
The Agency is responsible for the Government's most comprehensive poverty-alleviation programme. Since its establishment in April 2006, the Agency has grown through various phases of development into a fully fledged service delivery organisation. However, despite its contribution to addressing the plight of millions of poor South Africans, the Agency is still facing a number of challenges. One such challenge is to streamline its business processes to obtain optimal value for money while, at the same time, improving the services it renders to the millions of people to whom it brings hope.
ï· Bridge the gap between the current reality and the envisaged end-state.
Social grant payouts are recognised as Government's single most effective poverty-alleviation programme. One of the key challenges faced by the Agency is the current cash payment model for social grants. The system inherited from the provinces has come at a huge premium to the fiscus, because economies of scale have never been realised.
The Agency seeks a payment solution that will enhance the services to its beneficiaries, address the current cash payment challenges and enhance the quality of the beneficiary experience in receiving the social grant whilst at the same time reducing the untenable cost of service delivery associated with the dispensing of the social grants. As such, the Agency will over the MTEF review the current payment system, implement an interim strategy, and develop a payment model. The payment system envisaged has to reduce the pay-ment of exorbitant handling costs and centralise payment data.
Given both service-delivery risks and financial-management risks associated with the approval, review and validation of a social security grant, a versatile system is necessary for beneficiary application, verification, maintenance, and review. Such a system should be supported by a national electronic notification system.
The improvement of the grant application process will ensure - at the outer limit - a 21-day turna-round time from application to approval.
The alignment between social assistance enrol-ment, registration, verification and approval will be significantly seamless to ensure general confidence in the accuracy and credibility of the social assistance beneficiary system.
Implementing an electronic benefits management system will address the serious problem of fraud and error in our grants payment system. The use of biometrics has to play a greater role in the administration of social assistance benefits from the time of enrolment onwards. Biometrics and automation will not only deter fraud and error, but will also authenticate beneficiaries.
The Agency is currently conducting an audit of pay point conditions towards informing and developing a pay point improvement plan. The implementation of the plan will be dependent on the availability of resources and, therefore, a phased-in approach will be adopted.
This priority focuses mainly on enhancing the Agency's capacity via the development and implementation of frameworks, strategies and policies that are aimed at realising the goal of transforming the Agency's culture and enhancing people's capabilities. This priority is mainly aimed at enabling the Agency to effectively and efficiently deliver on its core mandate, which is articulated in the first and third priorities.
ï· Ensuring the Agency's systems integrity.
The Agency is a fairly new organisation and the emphasis in the first four years had been on establishment, consolidation and operationalisation. As a result, the Agency will be embarking on a process of change management. The key focus areas of the change management programme will be proper performance management, good governance, effective and efficient leadership, and the management and re-engineering of business processes. The inten-tion is to ensure that the Agency becomes a high-performing institution, complying with good governance principles, while striving for operational excellence via continued service-delivery improvements to beneficiaries.
The Agency has come to realise that its success depends to a large degree on its organisational culture. This realisation has resulted in a commit-ment to build an organisational culture that will strive for organisational excellence. The Agency intends to invest in its personnel as it believes that its workforce is its greatest asset. A number of initiatives geared towards building a culture conducive to high standards of service delivery will be embarked upon. These include an ethics programme, which intends to guide the programmes aimed at shaping the behaviour and attitudes of personnel. To this end, the Agency will ensure that its vision, mission and values are communicated at all levels of the organisation. Delivery of quality services requires a culture of commitment, professionalism and discipline. The Agency further commits to taking corrective actions in line with the Labour Relations Act and related internal policies.
The present organisational structure and staffing levels are problematic. Despite the norms and standards for staffing, there is more staff than required in some areas. The numbers and loca-tions of staff need to be based on a simulation of processes and transaction volumes, as well as a shift of responsibilities to the customer service agents instead of adding layers of management.
The interdependencies between organisational units and regions are not clearly defined and acknowledged, which is indicative of a fragmented institutional structure and results in duplicated efforts amongst units. The institution needs to be restructured on the basis of: the type of processes managed and executed; the span of functional control and tier of management, supported by a clear definition of the unit-specific deliverables; and the internal customers for the specific deliverables of that unit.
Implementing an electronic benefits management system will address the serious problem of fraud and error in our grants payment system. The use of biometrics has to play a greater role within the social security benefits administration system from the time of enrolment, to beneficiary maintenance and reviews. Biometrics and automation will not only deter fraud and error, but will also authenticate beneficiaries.
In line with Government's key priority of rural development, the Agency has to ensure that its services are also easily accessible by South Africa's rural population. The key project under this priority is the Integrated Community Registration Outreach Programme (ICROP).
This programme aims to improve access to and equity in services to beneficiaries in rural- and semi-rural areas. The outcome of this programme is that new applicants, who would otherwise not even have been considered, are being brought into the system. An added advantage of the programme is that beneficiaries in the rural areas also have access to services provided by other Government departments, given the integrated nature of this programme. The Agency intends to improve the programme by strengthening and building new partnerships with relevant stakeholders to ensure that no eligible beneficiary falls between the cracks. These include non-governmental organisations (NGOs), faith-based organisations, and traditional leaders, for example.
In its endeavour to contribute towards Government's priority to create decent work and sustainable livelihoods, the Agency will, in collaboration with the Department of Social Development, develop a system to link social assistance beneficiaries to other social services.
The Agency will thus review its data gathering processes to enable it to be the means by which beneficiaries will have access to other government services.
The Agency believes that good governance is its foundation for delivering quality services and being accountable. Good governance in the Agency's context refers to, amongst other things: full compliance with policy frameworks; communicating values and goals throughout the organisation; and creating a platform for exchange of information and views. The Agency has developed a Code of Conduct and Ethics which will be effectively communicated at all levels. The Integrity Policy, which seeks to enforce compliance with all existing policies and enhance a culture of integrity, will be finalised and implemented in the financial year 2011/ 2012.
Section 51(1) (a) (i) of the PFMA compels an accounting authority to maintain effective, efficient and transparent systems of financial and risk management and internal control. In compliance with Section 51, the Agency has established a branch Internal Audit and Risk Management whose key functions are, amongst others, effective and efficient risk management.
ï· Fraud and corruption.
These strategic risks were taken into consideration in the strategic planning exercises and will also be factored into operational planning processes.
The Agency's strategic intent is informed by Government's strategic priority of "Building cohesive, caring and sustainable communities."
Table 1 sets out the Agency's priorities, strategic imperatives and outputs for the next MTEF. The Agency is in the process of initiating a BPR intervention that is aimed at re-looking at all the processes in the Agency's operating divisions. The intervention will also critically analyse these processes and redesign them in a manner that will result in significant and dramatic improvements in quality service delivery.
Building cohesive, caring and sustainable communities.
Measurable objective: To render effective and efficient grants administration services through the improvement of grant applications, payments, disability management, regular updating of beneficiary records, and ensuring a customer-centric approach.
434 031 of eligible children aged 17-18 years.
The Agency's spending over the MTEF period will have a particular focus on improving the grant application process This will include the development of the necessary systems and tackling social grant fraud. Going forward, the agency aims to implement a new social grants payment model that will contribute towards savings in the administration budget.
MTEF period. Expenditure is projected to increase from R5.2 billion 2010/11 to R6.2 billion in 2013/14, at an average annual rate of 5.8 per cent.
Approximately R800 million will be reprioritised from cash payment contractors to rolling out the improved grant application process and strengthening the Agency's systems and record keeping. Savings will also be used to stabilise the agency's financial position.
The graph above depicts a steady growth on the Agency's budget from 2007/08, which is the second financial year the Agency was in operation. The period between 2007/08 - 2009/10 is the actual audited transfers to the Agency while the period 2011/12 - 2013/14 is the estimated expenditure. Approximately 53 per cent expenditure on the administration budget has been on the payment to cash contractors.
Expenditure on payments towards cash payment contractors has been fluctuating over the past three financial years. The decrease in 2011/12 will result from lower rate negotiated with cash disbursement contractors or fees paid to them for the disbursement of grants to beneficiaries.
Furthermore, a significant reduction in projected expenditure is expected, commencing in 2012/13 mainly due to the new payment tender to be implemented as well as the implementation of the new payment model.
The Agency has been facing budgetary constraints that manifested in the accumulated budget deficit as shown in the graph above. It was thus inevitable that measures were put in place to deal with the budget pressures. A turnaround strategy was initiated and included the implementation of austerity measures. The graph above depicts the impact of the austerity measures on two particular expenditure items, which are regarded as discretionary expenditure compared with the others.
The drastic spike in 2009/10 was caused by unplanned expenditure, which was caused by, amongst other things, unplanned travel to and from the regions as a result of the audit process. These activities had a knock-on effect on the communication budget. Apart from this there are other activities that resulted in the shift of funds from other items to these items to address budget pressures. As can be seen from the graph above, from 2010/11 onwards planned expenditure shows a downward trajectory.
Going forward, the plan is to ensure that expenditure on these and other items is controlled and curbed to allow for the redeployment of funds to other priority areas that need funding. Further austerity measures will be implemented to bolster efforts of ensuring efficient spending and savings on these items.
<fn>GOV-ZA.338011083En.2012-02-10.en.txt</fn>
I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby invite members of the public to submit written comments on the National Climate Change Response Green Paper 2010 in the Schedule hereto.
{ Members of the pUblic must submit written comment by no later than 16hOO on 11 February 2011.
Attention: Ms.
Any telephonic enquiries in connection with the Second National Communication can be directed to Ms. Joanne Yawitch at (012) 310-3666 or Mr. Peter Lukey at (012) 310 3710.
Comments received after the closing date may not be considered.
THE SOUTH AFRICAN CLlrv1ATE CHANGE RESPONSE OBJECTIVEu u n j.
South Africa is a mega-diverse countr; of immense natural beauty that is blessed with an abundance of natural mineral, fossil and renewable resources. South Africa's physical assets are matched only by its people -a truly Rainbow Nation.
However, South Africa is also a water-stressed developing country -stfll dealing with the legacy of apartheid, the challenge of poverty, and unemployment as well as the gap between rich and poor, low levels of education and the endeavour to deliver basic services to all its people.
Against this national context, Government accepts the conclusions of the Intergovernmental Panel on Climate Change in its 4th Assessment Report thaI warming of the climate system is unequivocal and that it is very likely that the increase in anthropogenic greenhouse gas concentrations is responsible for much of this warming trend since the mid twentieth century.
With this, Government regards climate change as one of the greatest threats to sustainable development. Government also believes that climate change, if un-mitigated, also has the potential to undo or undermine many of the positive advances made in meeting South Africa's own deveiopmeni goais and the Miiiennium Development Goals.
That although there will be costs associated with South Africa's greenhouse gas emission reduction efforts, there will also be significant short and long-term social and economic benefits, including improved international competitiveness that will result from a transition to a low carbon economy. Furthermore, that these costs will be far less than the costs of delay and inaction.
With this, Government will continue to engage actively and meaningfully in international climate change negotiations, specifically the United Nations Framework Convention on Climate Change (UNFCCC) negotiations, in order to secure a binding, multi-lateral international agreement that: will effectively limit the average global temperature increase to at least below 2°C above pre-industrial levels; and that is inclusive, fair and effective; has a balance between adaptation and mitigation responses; has an appropriate development -climate response balance; and is based on the recognition that solving the climate problem will only be possible if it is undertaken within the context of developing countries' priority of achieving poverty eradication and promoting development.
Notwithstanding our intemational efforts, and given the cross-eutting nature of climate change impacts and responses, Government further believes that an effective response to climate change requires national policy in order to ensure a coordinated, coherent, efficient and effective response to the global challenge of climate change.
The policy outlined in this Green Paper serves as the embodiment of the South African Government's commitment to a fair contribution to the stabilisation of global greenhouse gas concentrations in the atmosphere and the protection of the country and its people from the impacts of unavoidable climate change. It presents the Government's vision for an effective climate change response and the long-term transition to a climate resilient and iow-carbon economy and society -a vision premised on Government's commitment to sustainable development and abetter life for all.
Should multi-lateral international action not effectively limit the average global temperature increase to below at least 2°C above pre-industrial levels, the potential impacts on South Africa in the medium-to long-term are significant and potentially catastrophic. Even under emission scenarios that are more conservative than current international emission trends, it has been predicted that by mid-century the South African coast will warm by around 1-TC, and the interior by around 2-3°C. After 2050, warming is projected to reach around 3-4°C along the coast, and 6-JOC in the interior. With these kinds of temperature increases, life as we know it will change completely -parts of the country will be much drier; increased evaporation will ensure an overall decrease in water availability significantly affecting human health, agriculture and the environment in general; the increased occurrence and severity of veld and forest fires and especially extreme weather events such as floods and droughts will also have significant impacts; sea-level rise will negatively impact the coast and coastal infrastructure; mass extinctions of endemic plant and animal species will greatly reduce South Africa's biodiversity.
in addition to the increased atmospheric C02 concentrations measured at the Global Atmosphere Watch station at Cape Point, some climate change impacts are already being observed to a lesser or greater degree. For example, the sea-level around the South African west coast is already rising by 1.87 mm per year, the south coast by 1.47 mm per year, and the east coast by 2.74 mm per year. It is also well established that observed surface air temperatures over land as well as the number of frost days have changed with statistical significance since 1950 across South Africa and that these changes are consistent with, and have sometimes exceeded, the rate of mean global temperature rise. Increased fire frequency has been observed in the winter rainfall biomes of the fynbos and succulent karoo and significant increases in precipitation since the 1950s' have been observed in the south-west of the country and significant decreases in the northeast, especially in dry years.
Given the significance of these impacts, it is clear that urgent and decisive international and local action is required to achieve a real reduction of greenhouse gases in the atmosphere and in so doing limit the impacts of climate change into the future.
South Africa, taking into account equity and the common but differentiated responsibilities and respective capabilities of all nations as well as the inter-generational commitment of the Environmental Right contained in Section 24 the country's Constitution, has the climate change response objective of making a fair contribution to the global effort to achieve the stabilisation of greenhouse gas concentrations in the atmosphere at a level that prevents dangerous anthropogenic interference with the climate system; and effectively adapt to and manage unavoidable and potential damaging climate change impacts through interventions that build and sustain South Africa's social, economic and environmental resilience and emergency response capacity.
The principle of Common but Differentiated Responsibility and Respective Capabilities -the implementation of measures aimed at reducing the country's contribution to global climate change while being mindful of our own unique state of development and vulnerability and our capability to act.
The Precautionary Principle -a risk-averse and cautious approach which takes into account the limits of current knowledge about the consequences of decisions and actions.
The Pof/uter Pays Principle -the costs of remedying pollution, environmental degradation and consequent adverse health effects and of preventing, controlling or minimising further pollution, environmental damage or adverse health effects must be paid for by those responsible for harming the environment.
A people-centred approach -the prioritisation of climate change mitigation and adaptation actions that ensure human dignity, especially considering the special vulnerabilities of the poor and in particular of women, youth and the aged. In this regard the requirement of social equity and economic sustainability while enhancing environmental stewardship are recognised.
Informed participation -the enhancement of the understanding of the science of climate change, information streams and technology to ensure citizen participation and action at all levels. The participation of all interested and affected parties must be promoted, and all people must have the opportunity to develop the understanding, skills and capacity necessary for achieving equitable and effective participation. Participation by vulnerable and disadvantaged persons must be ensured.
Taking a balanced approach to both climate change mitigation and adaptation responses in terms of prioritisation, focus, action and resource allocation.
Prioritising the development and maintenance of the science-policy interface and knowledge management and dissemination systems to ensure that climate change response decisions are informed by the best available infonnation.
The short-term pnontisation of adaptation interventions that address immediate threats to t~e health and well-being of South Africans including interventions in the water, agriculture and hea~h sectors.
The prioritisation of mitigation interventions that significantly contribute to a peak, plateau and decline emission trajectory where greenhouse gas emissions peak in 2020 to 2025 at 34% and 42% respectively below a business as usual baseline, plateau to 2035 and begin declining in absolute terms from 2036 onwards, in particular, interventions within the energy, transport and industrial sectors.
The prioritisation of mitigation interventions that have potential positive job creation, poverty alleviation and/or general economic impacts. In particular, interventions that stimulate new industrial activities and those that improve the efficiency and competitive advantage of existing business and industry . In order to accurately identify these sectors and the job creation, industrial development potential of these, work will be done in order that the White Paper provides a clear understanding and prioritisation of these and their potential.
Prioritising the development of knOWledge generation and information management systems that increase our ability to measure and predict climate change and, especially extreme weather events, floods, droughts and forest and veld fires, and their impacts on people and the environment.
The mainstreaming of climate change response inio all national, provincial and local planning regimes.
The use of incentives and disincentives, including through regulation and the use of economic and fiscal measures to promote behaviour change that would support the transition to a low carbon society and economy.
Acknowledging that, with the energy intensive nature of the South African economy, the mitigation of greenhouse gases is generally not going to be easy or cheap and that Govemment must support and facilitate the mitigation plans of, in particular, the energy, transport and industrial sectors.
The recognition that sustainable development is also climate friendly development and that that; the more sustainable our development path is, the easier it will be to build resilience to climate change impacts.
Recognise that measures taken by developed countries in their efforts to respond to climate change may have detrimental effects on high carbon and energy intensive economies such as South Africa. These response measures may include trade measures including border tax adjustments, and could be reflected in a reluctance to trade in goods with a high carbon footprint. South Africa's climate change strategy must recognise and address this and also create mechanisms that will give high carbon sectors the support and time to move to lower carbon forms of production.
Recognise that South Africa's response to climate change will have major implications for both the Southern African region and for Africa as a whole and ensure that national responses are aligned to, support and operate as part of abroader regional response.
The achievement of South Africa's climate change response objective will be brought about by employing the strategies outlined above and, specifically, through the implementation of various policy approaches and actions for key climate change impacted and/or affected sectors as described below.
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Transporl-responsible for over 8% of South Africa's total emissions.
For clarity, the following sectoral policy approaches and actions are structured in the following way: (i) firstly, a very brief description of the sector in a climate change context; (ii) bullet points on selected climate change impacts and/or implications for the sector; and (iii) numbered policy approaches and actions for each sector.
Present population growth trends and water use behaviour indicates that South Africa, as a water scarce country, will exceed the limits of its economically usable, land-based water resources by 2050. South Africa has low rainfall and among the lowest rates of run-off in the world.
limited water resources; and the need to ensure that the benefits of those resources are distributed equitably. The adverse impacts of climate change will worsen the existing problem of systemic water shortages and will bring forward the limits to water resources. Increasingly, South Africa's water security will depend on the extent to which it is able to refine and re-orientate its institutional arrangements to make the most responsible, equitable and effective use of its water, while strengthening environmental management of the natural resource base.
ncreased variability of storm-flow and dry spells -By -2050 the frequency of storm-flow events and dry' spells is projected to increase over much of the country, especially in the east (over much of the Eastern Cape and KwaZulu-Natal, including some of the most crucial source regions of streamflows in southern Africa such as the Lesotho highlands), but much less so in the west (much of the Western and Northern Cape). Median annual stream-flow is projected to increase in the east and decrease in the west over the same time period.
Increased cost -The cost of providing water will rise. It is estimated that just a 10% decline in run-off could double the cost of new water schemes, raising the cost to the fiscus and users of new infrastructure developments. Already the cost of water from South Africa's new big dams may quadruple and result in even higher prices than users are accustomed to paying. In addition, Interbasin transfer schemes, high levels of assurance of supply to key sectors of the economy and extensive local reticulation networks require extensive pumping, with rising energy costs.
Rising temperatures -Climate change will bring higher average temperatures. This is projected to lead to more erratic weather, more flooding and greater rainfall variability, Higher temperatures will increase evaporation from dams and rivers, and will reduce run-off on the ground, so that less of the water that falls reaches our rivers and dams.
Continue to develop and maintain good water management systems and institutions, from village through to national level, to ensure we achieve our equity objectives, and can sustain affordable provision of water to all.
Accelerate the development and/or capacity of effective and accountable catchment management agencies that will: promote equitable and sustainable use of available water resources at local and regional level; strengthen water resources regUlation at local and regional level; monitor developments and emerging stresses, and propose effective ways of addressing them. As groundwater grows in strategic importance as a result of increased surface water evaporation, they will have to manage the recharge of aquifers as an integral part of local water management where this is feasible.
Invest in monitoring capabilities across a range of disciplines in order to spot trends and understand them as well as track the efficacy of adaptive strategies.
Accelerate the finalisation and implementation of cost reflective water and water-use pricing including effluent charges.
Optimise the re-use of wastewater. For example, although most coastal towns discharge their effluent to sea after limited treatment through marine outfalls, cities like Cape Town and Durban are now acknowledging that it is significantly more cost-effective to treat and recycle this water for re-use, rather than building new dams.
Increase investments wastewater treatment capacity to meet stipulated norms and standards for waste discharge -to safeguard public health, river health and ecological services and to minimize environmental disasters and treatment costs.
Increase investments in maintenance and renewals to minimize system losses in infrastructure networks, Maintenance deferred is infinitely more expensive, and the country needs the most efficient networks possible to optimize currently available resources.
Develop and implement an household rainwater harvesting incentive programme.
Implement integrated water resource management including protecting and restoring natural systems, increasing conjunctive use of surface and ground water, and learning through adaptive management experiments. Given South Africa inter-basin and trans-boundary transfer schemes integrated water resource management provides an important governing framework for anticipating and achieving successful adaptation measures across socioeconomic, environmental, and administrative systems. It needs to facilitate effective actions for specific outcomes based on linkages among monitoring, research and management as climate varies and changes. It explicitly addresses information across the nodes of action viz, States, agencies, communities and the private sector.
Explore desalination opportunities, especially those that may be powered by renewable energy resources.
Vigorously enforce compliance with water quality standards to ensure that our water remains fit for use, and that clean water is available for blending to dilute pollutants. Contamination by salts, excessive nutrients, heavy metals and other pollutants must be restricted.
Measurably improve the management and maintenance of existing systems and strengthen the foundation of professionalism that already exists.
Invest in maintenance and renewals to minimize system losses in infrastructure networks. Maintenance deferred is infinitely more expensive, and the country needs the most efficient networks possible to optimize currently available resources and protect future ones..
5.2 Key Adaptation Sector· Agriculture The agricultural sector is a key component of the South African national economy. While the direct contributions to GOP and employment are less than 5% and approximately 13% respectively, its full contribution, with multipliers, comprises up to 12% of GDP and 30% of national employment. Potential adverse impacts of climate change on food production, agricultural and subsistence livelihoods, rural nutrition and food security in South Africa are significant policy concerns. Furthermore, agriculture is a relatively significant source of greenhouse gas emissions with enteric fermentation and manure management accounting for over 20 million tons of C02.eq emissions in 2000 (approximately 4.6% of total net emissions), with cropland accounting for over 17 million tons of C02-eq emissions (approximately 3.7% of total net emissions).
Agriculture is the largest consumer of water (for irrigation) and is vulnerable to changes in water availability, increased water pollution (partiCUlarly from toxic algal or bacterial blooms) and soil erosion linked to more intense rainfall events. intensively irrigated agriCUlture uses more than 50% of South Africa's water, and is thus at risk due to both increased evapo-transpiration and competition from urban and other water uses.
There is sufficient evidence to confidently predict that yields for certain crops will increase in some areas and decrease in others, while certain previously climatically unsuitable areas for specific crops will become suitable and vice-versa. Current maize production areas in the west of the country could become unsuitable for maize production due to increased rainfall variability. Marginal land will become prone to reduced yields and crop failure because of diminished soil productivity and land degradation. Evidence also suggests that small-scale and urban homestead dry-land farmers are most vulnerable, and large-scale irrigated production is least vulnerable to projected climate change, given sufficient water supply for irrigation.
(e.g. changes in the distribution and abundance of vectors and ectoparasites) or enhanced soil erosion, may in specific circumstances become more important than direct or primary impacts, as may tertiary impacts such as losing (or gaining) a competitive edge against other countries for agricultural export commodities, trade protection and barriers.
Overgrazing, desertification, natural climate variability, and bush encroachment are among the most serious problems facing rangelands. External stressors such as climate change, economic change, shifts in agricultural production and land use may further negatively impact the productivity of these regions and deepen pre-existing vulnerability. It is also shown that Intensive livestock production systems are vulnerable to increasing demands and costs associated with thermal stress reduction, water use and pressure to contain greenhouse gas emissions.
Climate change (including increased atmospheric carbon) may complicate the existing problems of bush enciOachment and invasive alien species in rangelands and rising atmospheric C02 ievels may be increasing the cover of shrubs and trees in grassland and savanna with consequent disruption of existing productive activities such as cattle farming.
International climate change measures have started affecting South Africa's agricultural export products, through shifts in the preferences of consumers, particularly in the EU, away from purchasing of carbon intensive products. The term food miles· is used to refer to the distance food is transported from the point of production to the point of consumption, and is increasingly being used as a carbon emission label for food products.
Assess and investigate appropriate and country specific adaptation options in relation to their costs an<! associated environmental risk and support the agricultural industry's proactive efforts to exploit new agricultural potential and opportunities (new areas, new crops, etc.) and reduce the impacts on existing potential (crop switches, etc.).
Invest and improve on its research capabilities in relation to investigating and implementing water and nutrient conservation technologies, developing climate resistant crop varieties (crop diversification) and creating a suitable database on greenhouse gases emissions that is specific to the agricultural sector and in line with the National Atmospheric Emission Inventory (see 9.2.3).
Investigate short, medium and long term adaptation scenarios for the agriculture sector. Strategies and policies supporting this sector could usefully be informed by such considerations. Further supporting conservation agriculture. promoting the practise of conservation tillage, and initiating country wide organic farming pilot projects.
Use earty warning systems to assist with timely eariy warnings of adverse weather and the possibility of related pest and disease occurrence whilst also providing up to date information and decision support tools to assess the vulnerability of farmers and inform on-farm management decisions.
Invest in education and awareness programmes in rural areas and link these to agricultura! extension activities to enable both subsistence and commercial producers to understand, respond and adapt to the challenges of climate change.
5.3 Key Adaptation Sector· Human Health Climate change aside, a significant proportion of South Africans and in particular the poor, already have serious and complex health challenges which are compounded by poor living conditions. This constitutes a unique disease complex comprised of the highest global prevalence of Human Immunodeficiency Virus (HIV) and Tuberculosis (TB), complicated by waterborne and chronic respiratory disease, with children being particularty prone. Life expectancy has declined to about 48 in 2005 from about 61 in 1990 and infant mortality has increased from 45 to 55 per 1000 live births in the same period. Underpinning these conditions are the common denominators of malnutrition, poor indoor air quality and the lack of social amenities. Acquired Immune Deficiency Syndrome (AIDS) caused by HIV and TB now account for about 75% of premature-deaths in South Africa. In particular sections of the country the threat of expanding vector-borne diseases like Malaria, Rift Valley Fever and Schistosomiasis are already an ever-present reality. requiring concerted public health initiatives. Any new compounding factor such as unpredictable weather patterns and climate aberrations will have significant impacts on this vulnerable sector of society, further aggravating the depth of poverty, food insecurity and demographic imbalances.
NotWithstanding these challenges, significant climate change is injurious to humans either directly (e.g. through heat stress) or indirectly (by affecting floods, fires, and ecosystem services), leading to changes in the epidemiology or emergence of infectious diseases and famines, and ultimately to displacement and conflict.
The immediate human and ecosystem health impacts from extreme weather and climate variability and associated loss of livelihoods are well researched and recorded but those from climate change are gradual and widespread, their manifestations indirect; and they are not easily quantified, less known and very difficult to respond to.
Climate change impacts on human health will not be felt in isolation but will increase in magnitude and severity with corresponding impacts on biophysical, economic and social structures. This would exacerbate the difficulty and expense of effective responses, especially for poor and rural communities.
Water scarcity and its consequences of reduced water quality is another significant threat to human health. Diarrhoeal disease is already the third largest cause of disease in children under the age of 5, 3 million people still have no access to water and over 14 million do not have adequate sanitation. Flooding and droughts, which are common seasonal occurrences, exacerbate this problem, by reducing access to potable water.
From direct observation, surveillance and models, increases in temperature and change in rainfall patterns in southern Africa are already favouring the range expansion of some vector-borne diseases such as Malaria and altering the range of tick-borne diseases. Increases in sea-surface temperature have been linked to increases in Vibrio cholereae the causative agent of cholera as a result of an increased abundance of phytoplankton and zooplanktons.
The immediate health impacts of extreme climatic events are weI! established and documented, but the impactsofgradualchanges intemperatureand precipitationare lesstangibly measurable.
The immediate health impacts of extreme climatic events with longer term social impacts and loss of livelihoods are well established and documented especially in settlement populations that are directly exposed to the elements and where infrastructure is particularly prone to such events. Such populations are also most vulnerable to the disease complexes.
5.3,1 Reduce the incidence of respiratory diseases by improving air quality through reauclng ambient particulate matter (PM) and sulphur dioxide (S02) concentrations by legislative and other measures to ensure full compliance with National Ambient Air Quality Standards by 2020. Progress in this regard will be published on the South African Air Quality Information System (www.saaqis.org.za).
Ensure that sound nutritional policies, health care infrastructure and education lie at the heart of all the health adaptation strategies by acknowledging that if a population's nutritional status is robust, individuals will have greater resilience.
Develop and rollout public awareness campaigns on the health risks of high temperatures and appropriate responses inclUding, improved ventilation and avoidance behaviour.
Design and implement "Heat-Health" action plans including plans in respect of emergency medical services, improved climate-sensitive disease surveillance and control, safe water and improved sanitation.
Strengthen information and knowledge of diseases-climate linkage.
5.3,6 Develop a health data capturing system that records data both at spatial and temporal scales and that ensures that information collected can be imported into multiple-risk systems such as the South African Risk and Vulnerability Atlas electronic spatial database system.
Improve the bio safety of the current malaria control strategy.
Strengthen the awareness programme on Malaria and Cholera outbreaks.
South Africa's economy is heavily dependent on coal.
STAATSKOERANT, 25 NOVEMBER 2010 No. 33801 15 4% of world reserves. Coal provided an estimated 72% share of the country's total primary energy supply in 2007 and accounts for approximately 85% of electricity generation capacity. Coal is also a major feedstock for the country's synthetic fuel industry. Energy supply is therefore heavily carbon-intensive.
The energy sector is the largest contributor to greenhouse gas emissions, generating over 80% of South Africa's emissions. In 2009, the !nternational Energy Agency listed South Africa as the thirteenth highest emitter of carbon dioxide in the world.
Within South Africa's energy sector, the largest source of emissions is the combustion of fossil fuels. Emission products of fossil fuel combustion processes include C02, nitrous oxide (N20) and methane (CH4). The South African economy depends to a large extent on energy production and use, with energy-intensive sectors such as mining, minerals processing, a coal-based electricity and liquid fuel supply sector and energy-intensive beneficiation. Energy industries comprise emissions from fuels combusted by the fuel extraction or energyproducing industries. The main energy industries include electricity and heat production, petroleum refineries and manufacture of solid or liquid fuels. Electricity generation and refineries are the most significant energy industries in South Africa, with eiectricity production from the national utility company accounting fOi more than 90% of total electricity generated in the country. The main fuel of power generation is coal, which is abundantly available, accounting for more than 92% of fuel used in electricity generation.
The historically low cost of electricity in South Africa that resulted from the externalisation of many energy-related costs, such as atmospheric emissions and their associated impacts, means that carbon intensive electricity is cheaper than any other source of power. This has made it difficult for renewable energy and energy efficiency options to compete with coal based power. With the recent announcement of the renewable energy feed-in tariff, as well as the recent implementation of the electricity generation levy on non-renewable electricity, energy from wind, solar, hydro and biomass are becoming increasingly more attractive. There has been a significant amount of activity in the wind and solar industries with tremendous potential for local manufacturing and job creation. Over the longer-term Concentrated Solar Power (CSP) options, with their potential to provide base load, have the potential to be a much larger component of the energy supply mix. CSP alternatives are in their early stages of piloting and improvements in technology as well as expected cost reduction coming from increased market size are expected to improve its competitiveness dramatically over the next five years. Demand side management and energy efficient technologies are also gaining momentum with very strong support from government and industry. The industrial sector promises great opportunities for improving energy efficiency. In this sector improvements in energy efficiency are likely through improved lighting efficiency, compressed air efficiency, motor efficiency, thermal efficiency, steam system efficiency and HVAC efficiency.
Certain renewable energy technologies such as solar water heaters and photovoltaic cells are well developed internationally and are generally readily available in South Africa. The challenge for the country is to identify those technologies that are most suitable for widespread roll-out in the country. South Africa has a high level of renewable energy potential and presently has in place targets of 10,000 GWh of renewable energy by 2013. To contribute towards this target and towards socio-economic and environmentally sustainable growth, and to kick start and stimulate the renewable energy industry in South Africa, there is a need for the rapid implementation of the renewable energy support mechanisms inclUding the Renewable Energy Feed-in Tariff, Clean Development Mechanism projects, Renewable Energy Certificates, Solar Water Heating subsidies and other financial support mechanisms to support the rapid implementation of renewable energy options in South Africa.
In the context of climate change, and especially the international climate change negotiations, this means that.
Historically our abundant and cheap coal as the main feed stock to power our economy has been a key source of our competitiveness as a nation. Into the future however, continued reliance on this may jeopardise our international competitiveness in a future, carbon-constrained, global economy. In addition, trade barriers on coal and carbon intensity that are being proposed by some developed countries would have serious consequences for our exports.
Facing the realities of a carbon constrained world and the likelihood of sustained pressure on large developing country emitters to address their emissions, South Africa's disproportionate greenhouse gas emission profile is becoming asource of VUlnerability.
South Africa is committed to contributing its fair share to the global greenhouse gas mitigation effort and has committed to its emissions peaking between 2020 and 2025, remaining stable for a decade and declining in absolute terms from around 2035. In December 2009 and in the context of this trajectory, South Africa committed at Copenhagen to reduce its greenhouse gas emissions by 34% by 2020 and 42% by 2025 below business as usual, on condition that it receives the necessary finance, technology and support from the internationai community that wiii aiiow it to achieve this. A mitigation plan fOi the energy sector is key to achieving these objectives.
Fortunately South Africa has a, largely untapped, abundance of renewable energy sources, most notably solar energy. This presents new economic opportunities and potential competitive advantage.
Limited availability of international finance for large scale fossil fuel infrastructure in developing countries is emerging as a potential risk for South Africa's future plans for development of new coal fired power stations.
Integrate a climate constraint into its energy planning tools including the Integrated Energy Plan (lEP) and the Integrated Resource Plan for Electricity Generation (IRP).
Ensure that the Integrated Resource Plan for Electricity Generation (IRP) and its future iterations are modelled so as to take account of the peak piateau and deciine trajectory described above thiOUgh the diversification of our energy mix, the implementation of far reaching energy efficiency measures, investments in the development of new and cleaner technologies and industries and the initiation of the transition to a low-carbon economy.
Use market-based policy measures such as an escalating carbon tax to price carbon and internalise the external costs of climate change. The use of such market-based policy measures should be aimed at using the market to motivate or drive the diversification of our energy mix, the implementation of far reaching energy efficiency measures and investments in the development of new and cleaner technologies and industries. Furthermore, some form of partial on-budget funding for specific environmental or social programmes may be considered to promote the long-term benefits of the carbon tax policy and help to minimise potential adverse impacts on low income households and trade exposed sectors.
Establish a business environment that facilitates the development of a local renewable energy technology manufactUring, implementation and export industry and that maximises its job creation potential. This is located within the context of the New Growth Path and the country's Industrial Policy Action Plan and in particular the national goal of job and employment creation.
Design and roll out ambitious research, development and demonstration programmes that result in new, novel and innovative approaches to the diversification of our energy mix, development of alternative energy sources, energy efficiency, cleaner technologies and industries, carbon capture and storage and the transition to alow-carbon economy.
STAATSKOERANT, 25 NOVEMBER 2010 No.
Identify and resolve the financial, regulatory and institutional barriers that may impede the implementation of the renewable energy feed-in tariff at a level adequate to incentivise large-scale investment.
Review and scale up the 10,000 GWh 2013 Renewable Energy target in order that it can sustain long term growth in order to promote competitiveness for renewable energy with conventional energies in the medium and long term. Consideration should be given to the feasibility of 'fieet procurement of particular renewable technologies.
Scale-up and accelerate the implementation of the "Working for Energy" programme which seeks to develop human capadty and labour intensive opportunities through renewable energy and energy efficiency technologies as well as energy management type projects which will provide poverty alleviation opportunities for SMMEs, local cooperatives and sustainable local economic development. Activities in this regard include labour intensive projects in respect of : biomass from invasive alien plants and bush encroachment; biogas for rural energy access; biogas generation from farm waste and municipal solid waste and wastewater; bio fuels development and implementation in rural applications; solar thermal energy like solar geyser fabrication, small scale co-generation; mini-grid hybrid systems and mini-hydro systems for both on and off grid applications.
Explore and further develop the potential for nuclear energy in terms of the national Nuclear Energy Policy, as a means to both ensure energy security as well as meeting the country's climate change mitigation undertakings. To this end, a new nuclear fuel cycle strategy should be implemented that provides for skills development and industrialisation and localisation opportunities with a view to developing a nuclear power station fleet with a potential of up to 10 GWe by 2035 with the first reactors being commissioned from 2022.
Develop renewable energy policy, legal and regulatory frameworks that allow for differentiated but specific targets, parameters and tariffs for all renewable energy technology options (wind, hydro, solar PV, CSP, landfill gas, biomass and biofuels).
Introduce innovative approaches for the establishment of sustainable structures and financing mechanisms for delivering renewable energy including securing funding international climate funding institution and other development finance institutions that fund the renewable energy projects.
Invest in new and clean coal technologies and efficient technologies where coal power is still built and reinforce this through introducing more stringent thermal efficiency and emissions standards for coal fired power stations.
Set ambitious and mandatory targets for energy efficiency and in other sub-national sectors. Current energy efficiency and electricity demand-side management initiatives and interventions should be scaled-up, made mandatory through available regulatory instruments and other appropriate mechanisms.
Improve energy efficiency knowledge and understanding in the various sectors via awareness campaigns, demonstration programmes, audits and education, and publicise corporate commitment programmes, and public building sector energy efficiency implementation.
Develop and implement mandatory appliance labelling for household appliances.
Introduce Minimum Energy Performance Standards (MEPS) for appliances and equipment, as well as proposals for mandatory energy rating labelling.
Legislate requirements for the installation of energy-management systems in large-scale office buildings.
Replace older demand technologies or reduce their energy consumption. These technologies include energy efficient HVAC systems, heat pumps, variable speed drives, efficient motors and efficient boilers, The standards, retrofits and other management actions implemented to improve the energy efficiency of the commercial sector impact on either the useful energy intensity of demand or the energy efficiency of the technology meeting the demand. Thermal design of buildings and design measures that reduce lighting demand will have an impact on energy intensity and will reduce the useful energy demand to be met by HVAC systems, heating systems and lighting.
Develop, implement and maintain a greenhouse gas emissions information management system in respect of the energy sector that provides accurate, up to date and complete information to the South African Air Quality Information System's National Greenhouse Gas Inventory hosted by the South African Weather Service.
Ensure that the greenhouse gas emissions information management system provides measurable, reportable and verifiable information on all significant interventions (i.e. interventions that reduce greenhouse gases by greater than 0.1% of emissions from the sector).
Develop an initiative to roll-out an Energy Management training and awareness programme to be implemented within the industry and mining sectors.
Promote the development and implementation of appropriate standards and guidelines and codes of practice for the appropriate use of renewable energy, energy efficient and low carbon technologies.
Develop a legislative policy and regulatory framework to support carbon capture and storage.
Extend research, development and demonstration efforts on new construction materials, housing design, and energy efficient buildings.
Although the economic contribution (measured as the percentage of total value added) of the primary economic sectors of mining, quarrying, agriculture. forestry and fishing has been steadily reducing from 14.3% in 1980 to 8.5% in 2007 as have the secondary economic sectors of manufacturing and construction (20.3 to 17.7% and 4.2 to 3.8% respectively), there has been some growth in the electricity, gas and water sectors (1.9 to 2.3%) and strong growth in most of the tertiary economic sectors, including: financial services, real estate and business services (14.5 to 22.2%); wholesale/retail trade, catering and accommodation (12.7 to 15.4%); and transport, storage and communication (7.2 to 10.7%).
The commercial and manufacturing sector is responsible for around 16% of total greenhouse gas emissions. However, as 45% of electricity consumed is used by the manufacturing sector and 10% by the commercial sector, greenhouse gas emissions that can be attributed to this sector then rise to approximately 45% of total emissions -a very significant contribution.
Notwithstanding the fact that our energy intensity, measured as primary energy supply divided by GOP, dropped by 9% from 5,20 MJ/R in 1993 to 4.73 MJ/R in 2006, South Africa's commercial and manufacturing sector is still considered to be highly energy-intensive and relatively energyinefficient.
Although industrial and commercial energy efficiency is regarded as being a significant and costeffective means of mitigating greenhouse gases, electricity savings at the point of consumption does not necessarily translate into equivalent greenhouse mitigation at the point of generation.
Some greenhouse gas emissions are not specifically energy-related, such as the process emissions associated with the coal to liquid conversion process and in the manufacturing of cement. Hence, although these emissions may be marginally mitigated through process and general efficiency improvements, significant reductions will only be achieved through the use of technology that is still under development and potentially very expensive such as carbon capture and storage. As a significant global greenhouse gas emitter, South Africa is vulnerable to measures taken both internationally and nationally, to reduce GHG emissions. The sectors that are particularly vulnerable are those that are emissions intensive, and trade exposed, and may include iron and steel, non ferrous metals, chemicals and petrochemicals, mining and quarrying, machinery and manufacturing, some agricultural exports, as well as transport services and tourism. Potential economic risks emerge from, among others, the impacts of climate change regulation, the application of trade barriers, a shift in consumer preferences, and a shift in investor priorities. International climate change measures, such as the EU directive on aviation and moves to bring maritime emissions into an international emissions reduction regime, could significantly impact on a variety of South Africa's manufactured export products through increasing the costs of air freight and shipping. Products likely to be affected include mineral products, base and precious metals, pulp and paper products, prepared foodstuffs, and chemicals. There is also the potential for border tax adjustments being considered by the EU and the USA that could affect South Africa's cement, iron and steel industries. There are, however, also economic opportunities that arise from new or expanded markets, enhanced efficiencies and improved competitiveness, development of low carbon infrastructure with strong socio-economic benefits, and development of a national environmental goods and services sector.
By 2012, compile and publish a climate change response action plan for the commercial and manufactUring sector that details short·, medium-and long-term response actions and provides measurable, reportable and verifiable outcomes for the actions with details on related responsible implementing agents, inputs and international support requirements, if any.
Ensure that climate change considerations are fully incorporated into the Industrial Policy Action Plan and. Importantly, these policies, strategies and plans should aim to effectively manage and reduce economic risks, and build on and optimize the potential opportunities, to ensure a smooth and just transition to a lower carbon economy. In the short-term. there will be a need to focus particularly on the development of mitigation plans for vufnerabfe emission intensive sectors as vlelf as identif}/ing and incentivizing potential areas of competitive advantage that are less emission intensive or vulnerable. In the medium term industrial policy will be introduced that favours sectors using less energy per unit of economic output and supports the building of domestic industries in these emerging sectors.
Begin the work necessary to have a clear understanding of the costs to the economy in the short medium and long term of the approach to climate change mitigation. This work should begin and be aligned with other similar studies, including that of the economic impact of the IRP and should be reflected in the final Climate Change White Paper.
Use Section 29(1) of the Air Quality Act, to manage GHG emissions from all significant industrial sources (Le. sources responsible for >0.1 % of total emissions for the sector) in line with approved mitigation plans prepared by identified industries and/or sectors.
Continue to develop and implement an escalating C02 tax on all energy related C02 emissions, including process emissions from the coal to 'iquid fuel process.
Improve industrial and commercial energy efficiency as described in 5.4 through, among others, improved boiler efficiency. HVAC, refrigeration, water heating, building energy management systems, lighting and air compressors. motors, compressed air management, building shell design, optimising process control, energy management systems and the introduction of variable speed drives.
Support accelerated research, development and implementation of carbon capture and storage applications for C02 rich industrial process emissions, especially those related to the coal to liquid process.
Engage vigorously in the multilateral climate change negotiations, to ensure a fair and effective outcome that is in accordance with the principles of equity and common but differentiated responsibility, and that provides developing countries with sufficient time and development space for economic transition.
South Africa produces about 59 different minerals from 1115 mines and quarries and, although the sector's contribution to GDP has fallen gradually from 20% in the 1960s to 6.8% from 2000 to 2008, mining remains an important source of employment in South Africa employing directly -2.7% of the economically active population and much more when the backward and forward linkages of the sector are considered.
Fugitive emissions of methane (CH4), an important potential fuel, especially from coal mines are a significant source of greenhouse gas (GHG) emissions and account for -9% of South Africa's emissions. The buming of coal as a fuel accounts for the bulk of South Africa's GHG emission, i.e. over 60% of total emissions.
Certain mining operations, especially large-scale open-caste mines, reduce natural carbon-sequestration capacity and may also result in increased water stress due to water use and/or pollution.
The Mining and Quarrying sector has been identified as being at considerable risk from the secondary impacts of climate change, especially risks relating to regulation that targets energy intensive mining companies and, with this, potential disparity in relation to key competitor countries such as Canada, the USA, Russia and Australia.
A local and global transition to low carbon societies and economies will negatively impact on local coal sales and exports, although the export impacts are only likely to become significant in the mediumto long-term.
Climate change responses may create industry opportunities in platinum (e.g. catalytic converters), uranium (e.g. nuclear energy) and copper (e.g. energy efficiency).
By 2015, compiie and initiate the impiementation of a strategy and action plan emissions of methane (CH4) by 42% from the business as usual by 2025.
By 2015, compile and initiate the implementation of an action plan for the national roll out of appropriate coal-bed gasification projects.
By 2012, ensure that the industrial policy action plan (IPAP) has fully explored how local and global climate change responses may be fully exploited by the platinum, uranium and copper mining industries.
Work with the mining industry to increase its energy efficiency across its production processes.
Tourism is one of the largest industries in the world, contributing almost 10% of the global GOP (9.6% in 2008) and accounting for more than 225 million jobs around the world. The global tourism industry has shown significant growth in the last 3 decades, and total international arrivals increased by an average of 4,4% per annum from about 278 million in 1980 to 922 million in 2008. In South Africa there has also been strong growth in the tourism sector since 1994, with an average growth of 6% over the past five years and a contribution of about R79 bilfion, or 8.2% of national GOP. Tourism is also ajob creation sector, and South African tourism jobs increased by 10% in 2008. Tourists rate the country's natural scenic beauty highest in tourist satisfaction and this is seen as an economic driver.
However, tourism is not just a potential victim of climate change, it also contributes to the causes of climate change.
Tourism in South Africa is closely linked to the environment and climate itself with the country's biodiversity, fauna and flora, beaches and weather being major tourist attractions. Tourism is therefore considered to be a highly climate-sensitive economic sector similar to agriculture, insurance, energy, and transportation.
Environmental resources and conditions such as wildlife, the beach, heritage sites, scenic beauty and properly functioning ecosystems are critical for tourism growth and development in South Africa.
Climate-induced environmental changes will have profound effects on the tourism sector at the local and regional destination level.
Changes in water availability, biodiversity loss, reduced landscape aesthetic, altered agricultural production (e.g., food and wine tourism), increased natural hazards, coastal erosion and inundation, damage to infrastructure and the increasing incidence of vector-borne diseases will all negatively impact tourism to varying degrees.
Page 18 of 38 e National or international climate change mitigation policies may have impacts for biodiversity tourism in South Africa, because they may lead to changes in tourist mobility and flows. International measures, such as the EU Directive on Aviation, and efforts to promote low carbon tourism destinations pose a significant risk to South Africa's tourism industry. South Africa is a carbon intensive destination, and relies extensively on long haul flights from key international tourism markets.
The hospitality industry is a large consumer of energy and other resources. It has a large potential contribution to energy efficiency and other efficient resource usage initiatives.
Mainstream climate change in tourism planning, policy and development.
Build climate resilience and adaptive capacity of tourist attractions/destinations and encourage green tourism infrastructure investment.
Promote domestic tourism in oider to counteract a decline/shift in intemational travel that may follow the implementation of transport mitigation policies in other countries.
Encourage both domestic and international visitors to participate in the protection and conservation of South Africa's natural environment and to enjoy a responsible travel experience.
Promote research, capacity building and awareness in the tourism sector.
Support the establishment of energy efficiency programmes and the introduction of renewable energy into the tourism sector.
Establish programmes that will allow tourists to offset the emissions generated through their travel to and in South Africa.
Transport systems form the backbone of South Africa's socio-economic activities through enabling the movement of people and products. Apartheid planning has left a legacy of trnnsport networks that are poorly integrated and where the majority of citizens live far from places of work. Many people still do not have access to an existing and extensive formal railway and road infrastructure, and live in areas wherp' there is no reliable transport.
The transport sector is the most rapidly growing source of greenhouse gas emissions in South Africa, and is the second most significant source of greenhouse gas emissions therefore significant mitigation benefits can be found in the transport sector.
According to the GHG inventory 2000, transport emissions contributed 12% of the 2000 energy emissions, a decrease of 9.4% between 1994 and 2000. However, reports show that diesel and gasoline fuel consumption had increased from 1994 to 2000 respectively by 22.4 and 7.9% respectively. It was therefore concluded that the decrease in the emissions was an emission location issue rather than an actual decrease in overall transport emissions.
Transport was responsible for 25.7% of energy demand in 2004. Road transport represented 84% of transport energy use.
Through transport mitigation there are co-benefits that can be realised such as reduction in accidents, improved urban air quality, increased productivity through reduction oftime between trips, etc.
The EU directive on Aviation is an example of an international measure that is likely to have an impact on South Africa's aviation industry. It will implement the first emission caps in 2012, and will affect operators such as South African Airways. This could potentially reduce the relative importance of SA as aflight hub in relation to other hubs in Africa or the Middle East. It could also result in other impacts such as raising direct costs to comply with targets, raising operational costs in monitoring and reporting and increasing fuel costs.
The current international discussions on options to reduce shipping related emissions could impact shipping transport and industry.
Climate change impacts could result in the destruction of transportation infrastructure. Floods and storm surges have in the past destroyed roads, bridges and railway lines and sea level rise poses threats to coastal transport infrastrJcture, including harbours.
Improve the efficiency of our vehicle fleet across the board through a range of measures including the use of fuel standards.
Invest in the further development and deployment of cleaner technologies for the transport sector such as electric vehicles and hybrids.
5,6,5 Build capacity to deal with transport mitigation in the areas of planning, engineering, and relevant technical skills.
Support the production and use of cleaner fuel technologies and alternative fuels away from current fossil fuels.
Implement the flat rate specific excise tax based on passenger vehicle carbon emissions which applies to each gram C02 vehicle emissions above a target range and investigate expanding the emissions tax to include other categories of motor vehicles.
Integrate climate change information into transport planning, in order to minimise the potential risk to infrastructure from extreme weather events.
Although the building and maintenance of resilience to possible disasters and disaster risk reduction efforts must be prioritised in respect of potential climate change-related extreme events (e.g. heat waves, fioods, droughts, storm surges, extreme whether events, etc.), South Africa has legislation governing Disaster Management that sets out a comprehensive approach to disaster management and that identifies the roles and responsibilities of key institutions and disaster management agencies. In addition, the Act establishes a National Disaster Management Centre (NDMC) whose role; s to address disaster prevention, coordinate the activities of disaster management agencies and capacity across government and ensure that critical information is disseminated speedily.
An increase in the frequency and intensity of extreme weather events such as flooding and wild fire, with heightened requirements for effective disaster management. In recent years fires, storm surges and floods have caused large scale destruction with high costs to the fiscus and to private citizens. In many cases, badly located developments and poor management have contributed to loss of property and of lives (e.g. housing that has been built below flood lines or too close to the sea, absence of firebreaks leading to fires spreading faster and further than they may have otherwise, etc.). Estimates of the cost of selected climate-related disaster types in South Africa for the period 2000 to 2008 include: R1.1 billion in respect of drought damage; R1,7billion for fires; R4.7 billion for floods; and just under R400 million for storms.
Climate Change has been identified as a key strategic threat facing the insurance industry. This industry sees climate risk as a factor that increases uncertainty and therefore risk and that must be determined and included in their cost structures. This, in time could mean significant costs to particularly vulnerable sectors as well as to private householders and enterprises.
Government budgets stand to be increasingly strained into the future due to climate related disasters. In a country with high levels of poverty, high vulnerability and a lack of resilience to disasters, it is government who must declare 'disaster areas' and provide the funds necessary to support both management of the immediate crisis as well as long term recovery.
Continue to develop and improve its early warning systems in respect of weather and climate (especially severe weather events), droughts, floods and pest infestation warnings and ensure that these warnings reach potentially affected populations timeously.
Facilitate increased uptake of seasonal climate forecasts among key stakeholders such as those in the water and agricultUia\ sectors.
Maintain and update the South African Risk and Vulnerability Atlas (SARVA) as a toof to be used by provinces and municipalities to facilitate their climate change adaptation planning.
Investigate and implement pians to use the mass media and information and communication technology including the use of radio, TV and SMS cellular phone text warning messages to alert threatened popUlations timeously.
Promote Research and Development initiatives in order to explore processes and products that might facilitate increased uptake of seasonal climate forecasts amongst stakeholders.
Collaborate with social networks such as community organizations NGOs, farmers' organisations, South African Adaptation networks, etc. in order to assist in raising awareness and achieving technology transfer and capacity building. In this regard make use of the existing network of community development workers to spread knowledge of climate change and its associated risks.
Strengthen both formal and informal education in respect of climate change, Disaster Risk Reduction and climate change adaptation.
South Africa is one of the world's top 3 mega-biodiverse nations, along with Brazil and Indonesia, and is thus one of the richest countries in terms of diversity of plants and animals (marine and terrestrial) and levels of endemism. Of the 34 internationally recognised biodiversity "hotspots", 3 are in South Africa: the Cape Floristic kingdom; the Western Cape I Succulent Karoo region; and the Maputoland-Pondoland region. Although the immense contribution of our biodiversity to our economic, social and spiritual well-being is difficult to measure, it is generally accepted that this contribution is significant and essential. Despite this, it has been reported that 44% of river ecosystems, 23% of estuarine ecosystems, 12% of marine ecosystems and 5% of terrestrial ecosystems in South Africa are already critically endangered. South Africa's indigenous forests have been reduced by 46%, mangrove swamps by 90% and grasslands by 60-80% over the past two centuries. South Africa is also substantially affected by invasive alien species in the terrestrial, freshwater and marine realms, and their considerable biodiversity and socioeconomic consequences are well established. In addition to these current threats, there is much evidence that South Africa's unique and rich biodiversity is at further risk from projected anthropogenic climate change by 2050.
Several studies indicate that a majority of endemic species may show contractions of geographic range and that up to 30% of endemic species may be at an increasingly high risk of extinction by the latter half of this century if climate change is unmitigated.
The most adverse effects of projected climate change on endemic species associated with unmitigated greenhouse gas emissions trends are projected in the winter rainfall biomes, the Fynbos and Succulent Kama, with between 20 and 40% of the areas supporting these biomes exposed to new climate conditions by 2050, and with some impacts on species already observable, including an observed increase in wildfire frequency.
Summer-and all-year rainfall biomes (Savanna, Nama-karoo, Grassland and Forest) may be susceptible to changes in tree/grass and shrub/grass balance and changes in fire regime, with likely substantive but poorly quantified implications for biodiversity and ecosystem processes and services.
Rising atmospheric C02 levels may be increasing the cover of shrubs and trees in grassland and Savanna biomes at least, with mixed effects on biodiversity, and possible positive implications for carbon sequestration.
It Additional stresses to biodiversity that will interact with climate change include fire frequency (which appears already to show climate change-related increases in the Fynbos biome) and invasive alien species. The combined effects of these and stresses relating to land use and fragmentation of habitats will further increase the vulnerability of biodiversity to climate change.
WIth respect to invasive species, if climate change projections are borne out, even more serious invasions are expected with tropical species becoming a more significant component of the invasive biota, the distributions of many species currently limited by water availability expanding into previously drier areas and C02 fertilization effects possibly increasing the impact of invasive woody plants. Furthermore, the future efficacy of biologicaf control agents (one of the key interventions to control invasive alien species) under altered climates is an uncertainty that poses a major risk for future management and contro1.
Prioritise support for monitoring efforts and experimental studies at national and sub-national scale aimed at evaluating future risks to biodiversity, improving model projections of impacts, and informing the design and assessment of adaptation responses.
Encourage and facilitate the building of partnerships to enable effective management of areas not under formal protection and investment in the expansion of key protected areas (which were not originally designed with climate change trends in mind) in line with the most robust knowledge of climate change impacts.
Ensure that protected area planning and expansion strategies benefit from an eco-system approach and focus to ensure that threatened biomes, landscapes and species are given special protection and that conditions are established that will minimise the risks of species extinction.
5.804 Ensure that a comprehensive biodiversity monitoring system is established that can provide timely information on specific risks.
Expand existing programmes to combat the spread of alien and invasive species and the destruction of sensitive ecosystems including Working for Water, Working for Wetlands and Working on Fire.
Promote efforts to conserve, rehabilitate and/or restore natural systems that reduce and/or improve resilience to climate change impacts, e.g. mangrove forests and their positive impact on storm surges.
In the medium-term, create and maintain a gene-bank of critically endangered species.
For a region of its size, the coastal and marine environment around South Africa is regarded as one of the most varied in the world, largely due to the dynamic presence of two major currents. The Agulhas Current flows strongly to the south west along the eastern and southern coasts, bringing warm water and diverse tropical species from the Indian Ocean. The Benguela Current flows northward along the west coast, with wind-driven upwelling close inshore permitting cold nutrient-rich water to rise to the surface, and giving rise to productive coastal ecosystems and fisheries.
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The contrasting characteristics of the east and west coasts has resulted in South Africa having a rich marine biodiversity, with 12000 identified species, of which approximately 31 % are endemic. A number, c.
Africa's marine and coastal biD-zones are, however, considered threatened. Critically endangered habitats occur primarily on the west coast, where both mining and commercial fishing have had the greatest negative impact.
Coral reefs on the east coast represent one of the natural ecosystems most threatened by climate change. Apart from its economic contribution via the fisheries sector, coastal resources also contribute roughly 30% to GDP.
AfrIca's key marine habitats, aquantitative and spatially integrated evaluation of future climate change scenarios must still be undertaken in almost all marine and coastal systems. The effects of climate change on the marine environment are predicted to be complex and cascading, with changes in sea temperature, sea level, acidity and storm events, either individually or in combination, influencing marine and coastal biodiversity.
Climatic changes will almost certainly disturb marine ecosystems, making them more susceptible to invasive species from lower latitudes, so that warmer water species are likely to become more abundant with an overall decline in cold water indigenous species.
Changes in wind fields are expected to influence large-scale oceanographic processes, particularly to the upwelling associated with the Benguela region.
Changes in precipitation patterns across the country will influence annual runoff in complex ways, significantly affecting the marine and estuarine environment. Reduced water flow will increase the salinity levels of estuaries, affecting the breeding grounds and nursery areas of many marine species. Additionally, coastal estuaries are particularly vulnerable to the wave and flood water energy which are channelled here.
Changes in acidity (pH), from enhanced carbon dioxide levels in the ocean, could disrupt chemical processes (especially those involving calcium). This would be acute in coastal coral systems and inter-tidal systems (corals, molluscs and crustaceans), but could also impact on up-welling systems of the west coast, and hence on our fisheries.
Change in South Africa's marine and coastal environment is already being observed, but the understanding of the nature of this change is still poor. Examples include: reported decadal sea temperature changes for both the inshore and offshore marine environments around South Africa; several species of tropical estuarine fishes have extended their ranges southwards; severai sirong trends in respect of the Benguela system and associated fisheries include a warming at the northern and southern boundaries, with potential increased hypoxia in inshore waters; and an eastward (perhaps cyclic) shift in sardine and anchovy from the west coast onto the south coast.
Prioritise the development of accurate regional climate models, which adequately consider ocean, atmospheric and terrestrial influences, and produce reliable regional scenarios for marine biodiversity impacts.
Prioritise the ocean, marine and coastal management sector for climate change research and monitoring in order that the potential impacts, and in particular the causes and the effects of these impacts, are better understood. On the basis of these, adaptation plans will be developed and implemented.
Protect natural coastal protective systems, such as mangrove swamps, reefs and coastal dunes.
South Africa's plantation forests are based on alien trees, and cover 1.4% of cultivated land. In 199617 the total turnover for forestry was around R13.1 billion and the industry employed more than 150 000 people. The exports are mainly converted, value-added products, with raw material exports only making up 1.8% of the total. The main products exported are pulp and paper (73% of the total export), sawn lumber, wood chips and wattle extract.
The private sector currently owns 70% of the total plantation area, as well as virtually all the processing plants.
role. Indeed, South Africa's forests are estimated to have absorbed just under 30 million tons of C02-eq in 2000 (around 6.3% of South Africa's nett emissions). However, the mitigation potential of commercial forestry is likely to be relatively small since two thirds of the land area regarded as suitable for commercial forestry is already in use. In addition, South Africa's natural forests are endangered due to marginal fragmentation. South Africa's forests are likely to remain constant in area and increase slightly in productivity. However changes in precipitation and temperature are likely to have a marked impact on the size and location of the land area suitable for growth of certain forest genotypes.
In areas where there is likely to be less rainfall, the forest estate and its productivity will decrease markedly while stress and pest or disease attacks are likely to increase.
Climate Change and rising temperatures will exacerbate declines in river runoff due to water use by commercial plantations, agriculture, woody invasive alien species, and urban industrial land-use.
Fires are likely to increase in frequency and intensity due to an increase in dry speHs and temperature posing asignificant threat.
Commercial forest productivity is sensitive to potential changes in rainfall. If a 2°C increase in temperature is accompanied by a 10% increase in mean rainfall (Which appears more likely in key regions witli the current understanding), modest increases in the afforestation area and growth rates can be expected. However, if there is a 10% decrease in mean rainfall significant losses in productivity and suitable growing areas will result.
Ensure that forest planning tools take into account carbon sequestration in a way that could provide necessary planning information, so as to aid in obtaining incentives from carbon trading.
Undertake a full Life Cycle Analysis to develop a benchmarking system to analyze and optimise C02 emissions from forest operations in South Africa, and include an improved fire management regime.
Introduce targeted education programmes that focus on the relationship between the commercial forestry sector and conservation sector to ensure biological diversity is not compromised and that resilience to climate risks is increased..
Promote the do~vnscanng of climate models to provide information that a!!
Encourage agro-forestry and indigenous tree production as a potential socio-economic co-benefit of environmentally integral planting regimes, and tree breeding as an adaptive response to changing landscape conditions.
Although the fishing industry is arelatively small economic sector, contributing about 1%of GDP and employing about 16 854 people, it contributes significantly to the economic welfare of many towns and cities along the South African coastline and is an important source of both nutrition and income for poor communities. Indeed, the significance of subsistence fishing I marine harvesting, although small and localized, cannot be under-estimated in supporting survival strategies. However, South Africa has experienced significant declines in catches and loss of species as a result of over-fishing, poaching and illegal fishing and due to fish population migrations related with climatic and other changes. As a result, various controls are already applied to the fishing sector.
Increased ocean acidity, as a result of the absorption of increased atmospheric carbon dioxide, will disrupt chemical processes (especially those involving calcium carbonate) and this could disrupt or displace entire ecosystems up to fisheries level.
Exports of fish products face the risk of being impacted by international food miles labelling schemes and shifts in consumer preferences in South Africa's key export markets away from carbon intensive products.
Many coastal systems, already under severe human induced stress, will further deteriorate due to sea level rise, temperature changes, extreme weather events, storm surges and coastal erosion and inundation and this in turn will impact on species distribution patterns, reproductive success and production rates.
Changes in the character of water masses around South Africa can affect both the abundance of living marine resources and their availability to the offshore fishing industry. An eastward shift in the distribution of inshore resources such as rock lobsters and in the pelagic stocks of sardines and anchovy on the continental shelf has already been noted in the past decade.
The effects of climate change on ocean circulation will drive impacts on climate at a regional scale. The impacts of these effects are not fully understood, but could include long -term effects on the productive Benguela system on the west coast, with impacts on industrial fisheries.
Prioritise research and information management and monitoring systems that provide information on, among others, the state of fisheries in South Africa and commercial marine species movements in response to changes resulting from the impacts of climate change.
Take a risk-averse approach to fish and marine resource harvesting quotas to ensure that overexploitation is not responsible for local extinctions and population crashes in climate stressed areas.
Investigate how the climate related risks and uncertainties associated with wild fisheries may be reduced through new and/or up-scaled fish-farming interventions -mariculture and aquaculture.
Ensure coordination and cooperation between the fisheries and marine biodiversity sectors to ensure that the climate change responses of the sectors provide win-win outcomes.
Human Settlements, Infrastructure and the Built Environmef!t Urban areas A!though urban areas only cover 1.5% of South Africa's surface area, approximately 61% of the apprOXimately 49 million South Africans live in urban areas. The average growth rate for urban areas (more so for metropolffan areas) has been consistently higher than the population growth rate during the period 1998 to 2008. Larger towns and cities generally grew at the expense of rural areas, with metropolitan areas experiencing the highest influx rates, followed by secondary cities. Although urban areas can offer advantages that can make sustainabi/ity more likely, e.g. a greater concentration of people limits the need for land and makes the provision of basic services more viable, urban areas also consume more water, food, energy and durable goods and have an impact far beyond the urban boundaries. Urban sprawl is furthermore linked to the loss of biodiversity and the pollution of land, water and air. The rapid influx of people into already overcrowded urban areas with large service delivery backlogs has led to the formation of informal settlements in vulnerable locations, on the banks of streams, on steep hilisides or marshy areas, such as the on the Cape Flats. It is estimated that up to half of all informal dwellings in South Africa can be classified as vulnerable to environmental factors. The absence of basic services in overcrowded areas is associated with negative health outcomes and accelerated environmental degradation, mostly as a consequence of the collection of local resources for energy, and localised pollution.
Climate change may exacerbate the problems caused by unsustainable development in urban areas. For example, poor storm water drainage systems and urban induced soil erosion result in flash flooding. Under circumstances of increased storm intensity, these pre-existing problems could become more severe.
Cities are particularly vulnerable to climate change because they are slow to adapt to changes in the environment, they rely on an ever-increasing hinterland, and they have entrenched dependencies on specific delivery mechanisms for critical services. There is increasing recognition that the sustainability of urban social-ecological systems is a function of their functional integrity and resilience. The application of the concept of resilience to urban social-ecological systems is as yet undeveloped. Although vulnerabifity in urban areas to climate variability is highly varied spatially, racially, and along gender and age lines, it is generally accepted that it is the poor who are most vulnerable.
South Africa's cities still reflect an apartheid geography and are low density in nature with the poorest communities tending to live far away from services and employment. This contributes to increased transport emissions.
Water demand by the urban centres is growing rapidly, stressing water supply systems, and the treatment of waste water has not tracked growth in demand and use.
Cities and dense urban settlements consume large amounts of energy. Both in South Africa and internationally much work has been done to identify the large potential for energy efficiency within the urban fabric.
Encourage and support research that focuses on, among others: the factors that determine urban resilience; how acity's physical form and infrastructure affects its resilience; appropriate monitoring and assessment tools with which to evaluate a dty's ongoing resilience; and the implications of climate change risks and declining ecosystem services for decision making and policy development regarding resource allocation, settlement planning and design, development and growth and management of major citY-isgions.
Encourage and develop water-sensitive urban design as a means of capturing water within the urban landscape and minimising pollution, erosion and disturbance by ensuring that storm water is treated as a valuable water resource and not simply discharged to rivers or the sea.
Ensure that climate models are appropriately downscaled to provincial and where possible metropolitan and district levels in order to provide climate information at a scale that can be integrated into medium and long term spatial and development plans. Such downscaling must express critical uncertainties that can inform allocation of resources. This information can be used to ensure that long term settlement and infrastructure plans can adequately incorporate climate risk.
Support the development of energy efficiency and renewable energy plans for cities and towns and support their implementation.
Initiate research to identify the factors that would determine urban resilience.
Conduct research to determine appropriate monitoring and assessment tools with which to evaluate a city's ongoing resilience.
Regulate commercial building standards with a view to enforcing green building construction practices.
Mandate the National Home Builders Registration Council (NHBRC) to ensure that building construction conforms to green building requirements, including measures such as use of controlled ventilauon, recycled material, solar power,.
Broaden the mandate of the Construction Industry Development Board (CIOB) to include green building and construction practices as a specific requirement to be met by contractors who wish to participate in the pUblic tendering system to build schools, clinics, roads, bridges, dams, stadiums and other public infrastructure.
Strengthen and enhance decision support tools and systems such as the Toolkit for Integrated Planning.
Human Settlements, Infrastructure and the Built Environment -Rural Areas Over 19 million or 39% of South Africans live in rural areas. 80% of rural areas are commercial farming areas with low population densities, and 20% are a legacy of the apartheid systems "homelands" where the agricultural sector was undermined, 'populations are dense, people are poor and are largely reliant on urban remittances and social welfare for their livelihoods. Small-scale and homestead food production are practiced in rural areas on both high potential and marginal agricultural land, with roughly 1.3 million small-scale farm units, 70% of the country's poorest households live in these areas and few of them are food self-reliant throughout the year. Although access to basic water services has been provided to an additional 9 million people since 1994, this has been concentrated in the urban areas and, by 2006, 3.3 million people still lacked access to adequate, clean water supplies, with another 15.3 million being without access to sanitation services. Groundwater is used extensively in rural and more arid parts of South Africa and is a significant resource to many irrigation farmers and especially small towns in more arid parts of the country and where surface water resources are already fully committed. Rural communities in many parts of the country are !argely or \AJho!!y dependent on groundwater. In many rural areas, lack of managed services means that people rely on unmanaged local resources such as springs and rivers. These are vulnerable to pollution and drought. Poor communities who are dependent on natural water resources do not control the quality of their water or bulk storage for water supplies.
Small-scale and homestead food production is particularly vulnerable to climate variability, relying mostly on dryland food production, with limited capital to invest in soil fertilization, seed, and weed, pest and disease control.
Employment in rural areas is likely to be negatively affected by climate change and in particular by changes in production systems and climate related damage and crop failures.
Rural communities with the highest dependence on natural water sources are in KwaZulu-Natal, the Eastern Cape and Limpopo. The former two are expected to be exposed to more flooding and water contamination, whilst Limpopo may be exposed to flooding, water contamination and drought. These are also areas with some of the poorest communities and under resourced municipalities with limited capacity and skills to adapt to changing conditions.
Rural areas are under-represented in the climate monitoring network despite the fact that they are likely to be earliest and most significantly affected by climate change.
Scale up programmes to reduce rural vulnerability and enhance local food security by educating SUbsistence and small holder farmers on the potential risks of climate change and support them in developing adaptation strategies, inclUding conservation agriculture practices and water harvesting by means of participatory, on-farm demonstration and experimentation. In this indigenous knowledge and local adaptive responses will be prioritised and the ownership of adaptation programmes by local communities and their empowerment in the process of implementation will be a key objective.
Expand existing resource conservation and job creation programmes in rural areas including Working for Water, Working for Wetlands and Working on Fire.
Within the country's research and development system, prioritise technologies for climate change adaptation within rural areas.
Target adaptation programmes so as to build resilience among the most vulnerable sections of the rural population, including through enhancing knowledge to ensure sustainable environmental conditions and optimising the ecosystem services that this provides.
Coastal areas provide habitation, work, and recreation to approximately 40% of the South African people.
significant proportion of South Africa's metropolitan areas including numerous towns and smaiier settlements are coastal, particularly on the east coast. These areas also host high numbers of local and intemational tourists annually. A network of infrastructural installations and communication links along the coast, built by public and industrial/commercial enterprises, is used to service the needs of the inhabitants, tourists and other entities in the coastal zone, i.e. municipal, harbours/ports and industrial/commercial. The attraction of life and opportunities on the coast are leading to significant migration to the coast, with a need for additional settlements and services in areas which may be vulnerable to the impacts of climate change.
On the west coast, generally cold SUbsiding dry air results in low rainfall, semi-arid and desert conditions. The southwest coast has a Mediterranean climate, with winter rainfall. The south coast receives both summer and winter rainfall. The east coast is the wettest and warmest region, with resulting high humidity. Coastal zones are influenced by the ocean and their prevailing currents, which have a moderating impact on coastal air temperatures.
The 3,650 km South African coastline is generally exposed to moderate to strong wave action and provides little natural shelter to storms from the sea. With climate change expected to increase both the frequency and intensity of storms, the South African coast will become increasingly vulnerable to sea level rise, extreme weather events, storm surges and coastal erosion. A continual assessment of coastal defences, particularly at harbours, estuaries and lagoons, and along low-tying coastal land, will be needed to reduce the threat of loss from damage in high risk areas.
Flooding and coastal erosion which will result in the (oss of coastal infrastructure (inclUding breakwaters, roads, public coastal amenities), habitat and ecosystem goods and services. Predicted rises in sea level may further exacerbate these impacts.
Sea level rise could result in low-lying coastal areas, Le. coastal fioed plains, becoming inundated, with a resultant impact on coastal settlements.
Vulnerability along the coast is set to increase with increased frequency and intensity of coastal storms, which includes seasonal cyclone activity on the east coast. Estuaries are particularly vulnerable. These impacts will be exacerbated by increased coastal development, and inappropriate land and catchment management.
Ensure that long-term planning for coastal areas incorporates relevant climate information and that a risk-averse approach to plannillg is taken so as to cope with the expected migration of communities into the high risk coastal areas.
Consider the potential impact of sea level rise and intense weather events, such as storm surges, on infrastructure development and investment in coastal areas.
Protect and rehabilitate natural systems which act as important coastal defences, such as mangrove swamps, offshore reefs and coastal dunes.
Develop Disaster Risk Management plans taking into account the potential consequences associated with climate change impacts along the coast.
Although waste-related greenhouse gas emissions account for less than 2% of South Africa's total emissions, the amount of waste generated s rapidly increasing. Furthermore, some substances curren~y regarded as waste could be used in climate change responses, e.g. gypsum resulting from flue gas desu\phurlsation.
Methane, an important potential fuel, is the predominant greenhouse gas associated with waste.
Many of our landfill sites are not designed or operated in a way that allows for the optimal extraction of methane for use as afuel.
Co-generation and use of waste and by-products as fuels has a signmcant potential to contribute to energy supply and electricity supply in particular.
Gypsum is an example of a waste stream that could be utilized in the manufacture of ceilings for low· income homes thereby increasing the energy efficiency of these homes substantially.
5,9.20 Encourage and support industries that produce significant quantities of gypsum from fiue-gas desulphurtzation to enter into appropriate public-private and/or other partnerships to ensure that affordable gypsum products are readily available to meet the demand for ceilings and dry-walling in lowincome homes by 2012.
Ensure that the Minimum Requirements for Landfills are revised and amended to reflect greenhouse gas mitigation considerations by 2012, including, among others: the use of bio-cover at landfills not suitable for gas extraction; energy recovery from landfill gas at landfills suitable for gas extraction through active support to municipalities in the development of energy recovery projects and the negotiation of appropriate carbon-offset funding; and, in the transition to effective energy production from landfill gas at landfills suitable for gas extraction, enSUie that all such landflUs are required to, at least, extract and flare this gas by 2020.
Compile and implement by 2014 a national composting strategy aimed at reducing the amount of organic waste land-filled by 50% of the 2000 baseline by 2020.
In line with the Waste Incineration Policy, facilitate energy recovery from appropriate waste streams through active support to municipalities in the development of energy recovery projects and the negotiation of appropriate carbon-offset funding.
Although climate change and our response to climate change will directly alter the environment in which we live and work (e.g. increasing or decreasing rain, increasing temperatures, more floods, more drought, etc.) and will change how we live and work (e.g. more efficient energy use, greater use of pUblic transport, etc.), it does not change what work is done or needs to be done and neither does it change who should be doing it.
For example, if a national department is responsible for the development of national energy policy, within a changing climate and our response to it, that department will remain responsible for the development of national energy policy. The only difference being is that climate change and our agreed responses to climate change must now be considered in the development of the policy and integrated into it. Thus, although climate change provides a changing context and new challenges to the way, for example, government does its work, the basic work remains the same and, hence, government's roles and responsibilities remain the same.
This notwithstanding, we must recognise that most of our climate adaptation and much of the mitigation efforts will take place at provincial and municipal levels and will be integrated into provincial development and spatial plans and into lOPs at municipal level. It is imperative that we recognise the centrality of all three spheres of government in addressing climate change and that necessary support is provided for this. In particular we should recognise the valuable work that has already been done by many municipalities and provinces in relation to addressing climate change and we should ensure that means are found so that best practice and innovative methodologies are disseminated and replicated.
6.1 Government As discussed above, although climate change provides a changing context and new challenges to the way government does its work, the basic work remains the same and, hence, government's roles and responsibilities remain the same.
By 2012, conduct a review of all policies, strategies, legislation, regulations and plans falling within its jUrisdiction or sphere of influence to ensure full alignment with the National Climate Change Response Policy.
By 2014, ensure that all policies, strategies, legislation, regulations and plans falling within its jurisdiction or sphere of influence are fully aligned with the National Climate Change Response Policy.
6.2 Social Partners (Industry and Business; Organized Labour and Civil Society) Climate change is a challenge that has consequences for all South Africans and unmitigated ls likely to have serious consequences for our patterns of production and consumption, our livelihoods and the allocation of national resources.
Given this, we must see climate change as all of our business. As such, the role of all citizens and specifically organised groupings within civil society are important to the success of a broad national effort. Government therefore sees its climate change strategy as being one that is implemented in partnership with the South African people and in a way that seeks to empower people and give them understanding, choice and control over the climate related decisions that impact their daily lives and work.
In this context there are key constituencies who have clear roles to play.
Business will also continue with initiatives to engage international counterparts in the climate change debate to ensure that the interests of business in the developing wortd are well understood and to encourage its members to increase participation in voluntary climate change response reporting initiatives like the carbon disclosure project.
Civil society, labour and the faith communities have an important role to play in continuing to raise public awareness and motivate individuals, institutions and authorities to take actions to reduce greenhouse gas emissions and adapt to the adverse impacts of climate change as well as to critically evaluate, comment on and respond to the initiatives of government and the private sector. Civil society organisations that work directly with community based organisations and particularly with the poor and with women are an important conduit for ensuring that climate information is timeously communicated and that the issues of vulnerable groupings that are related to climate change are fed back into the governmental and scientific and research sectors.
The climate change science community shall work together to improve projections of climate variability, climate change and their impacts, key vulnerabilities in affected sectors and communities, and exploration of appropriate mitigation and adaptation responses and their implementation, including in the area of technology research and development, and its implementation. They shall continue to enhance their role in building South Africa's capacity in climate change science and the broader engagement of its citizens in the related socio-economic challenges and opportunities.
Executive national coordination.
A capacity for Research, Development and innovation coordination that shouid be aligned to the institutional arrangements of the national science and technology system championed by the Department of Science and Technology.
Acapacity for coordinating adaptation and mitigation actions.
A system and capacity for measuring, reporting and verifying climate change responses. This capacity would need to be aligned to the international system that is currently being negotiated and would in all likelihood require that carbon emissions and their reductions be measured, as well as the financing, technology and capacity building initiatives that underpin this, as well as support our adaptation programmes.
Acapacity for facilitating and promoting the use of carbon trading and off-set schemes.
However, with the implementation of this policy, and as the transition to a climate resilient and low-carbon economy and society evolves, it may be appropriate to adjust these institutional arrangements accordingly.
7.1 The Inter-Ministerial Committee on Climate Change The strategic, multi-faceted and cross-cufting nature of climate change response activities necessitate the formation of a coordination committee at Executive (Cabinet) level, which will ensure coordination of actions and alignment of all actions with national policies and legislation.
To this end, an Inter-Ministerial Committee on Climate Change shall exercise oversight over all aspects of the implementation of this policy...
(. L. FOSAD Ciusiers and Outcomes Based Monitoring The national climate change response actions shail be guided by the relevant FOSAD clusters based on the different elements of their mandate. The Economic Sectors and Employment Cluster shall continue to provide strategic leadership on all climate change issues that have a strong bearing of economic growth and employment creation, the Infrastructure cluster shall continue to provide strategic leadership on aU infrastructure related aspects of this policy and the International Cooperation Cluster shall continue to provide strategic leadership on intemational engagements as they relate to climate change. Monitoring and Evaluation of the Country's climate change programme shall be undertaken through the outcomes based system that has been established by the Presidency and shall be reported through the delivery forums for: Outcome 1: Improved quality of basic education; Outcome 2: A long and healthy life for all South Africans; Outcome 3: All People in South Africa are and feel safe; Outcome 4: Decent employment through inclusive growth; Outcome 5: A skilled and capable workforce to support an inclusive growth path; Outcome 6: An efficient, competitive and responsive economic infrastructure network; Outcome 7: Vibrant, equitable and sustainable rural communities and food security for all; Outcome 8: Sustainable human settlements and an improved quality of household life; Outcome 9: Responsive, accountable, effective and efficient local government system; Outcome 10: Environmental assets and natural resources that are well protected and continually enhanced; Outcome 11: Creating A better South Africa and Contributing to a Better (and Safer) Africa and a better World; and Outcome 12: An efficient, effective and development oriented public service and an empowered, fair and inclusive citizenship.
7.3 Intergovernmental Committee on Climate Change (IGCCC) Chapter 3 of the Constitution enjoins government agencies to operate in accordance with the principles of cooperative government and intergovernmental relations that it sets out. These include that: All spheres of government and all organs of state within each sphere must co-operate With one another in mutual trust and good faith by: (i) fostering friendly relations; (ii) assisting and supporting one another; (Iii) informing one another of, and consulting one another on, matters of common interest; (iv) co-ordinating their actions and legislation wfth one another; (v) adhering to agreed procedures; and (vi) avoiding legal proceedings against one another. Thus, the exchange of information, consultation, agreement, assistance and support are key features of cooperative government.
In order to operationalise cooperative governance in the area of climate change, the Intergovernmental Committee on Climate Change (IGCCC) has been established to foster the exchange of information, consultation, agreement, assistance and support among the spheres of government with respect to climate change and government's response to climate change.
7.4 Provincial and Local Government cooperation Climate Change impacts on all levels of Government, and a vertical cooperation mechanism is required to ensure enhanced government coordination and policy alignment. The Ministerial political (MINMEC) and technical (MINTECH) structures as set up through the Intergovernmental Relations Act (IGR) facilitate a high level of policy and straiegy coherence between the ihree spheres of governrnent, and should be used to guide Climate Change work across the 3 spheres, Several technical working groups meet regularly to discuss and advise on issues of biodiversity and heritage, impact management, pollution and waste management, and planning and reporting and a working group that deals with cross-cutting issues (Le. Working Group 3) would coordinate climate change response. These working groups feed into the MINTECH and ultimately to MINMEC.
South African Local Government Association (SALGA) as a body mandated to support, represent and advise local government action will continue to actively participate 'In the inter-governmental system and ensure the integration of climate adaptation and mitigation actions into Integrated Development Plans as well as massively up-scaled public education, awareness, media and information on climate change.
Climate change is an issue for all South Africans and Government is cognisant of the fact that the objectives set out in this policy can only be fully realised with the full participation of all key stakeholders and ciVil society organisations. The National Committee on Climate Change (NCCC) has been set up to ensure consultation with stakeholders from key sectors impacted by and/or impacting on climate change. The Committee advises on matters relating to national responsibilities with respect to climate change, and in particular in relation to the United Nations Framework Convention on Climate Change and the Kyoto protocol and the implementation of climate change related activities. The National Economic Development and Labour Council (NEDLAC) should have climate change as a key component of its agenda, NEDLAC is considered as the forum where government comes together with organised business, organIsed labour and organised community groupings on a national level, and this platform will ensure that climate change policy implementation is balanced and meets the needs of all sectors of the economy. In addition, the specific sector capacities identified above will work in close cooperation with stakeholders in the implementation of their work.
The substance of this policy document has demonstrated that a successful national response to climate change will require South Africa to invest heavily in both the development of a low carbon growth path, as well as in a forward lookIng and proactive approach to identifying and managing the inevitable impacts of climate change.
This imposes an additional set of costs on society. These costs are recognised in the UNFCCC Convention and in particular, the obligation of the developed world who has primary responsibility for the emissions currently in the atmosphere, to provide resources for the adaptation and mitigation efforts of developing countrIes.
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context that the conditionality on South Africa's mitigation announcement in Copenhagen, namely that our efforts are conditional on the provision of finance, technology and capacity building, can be understood.
Furthermore, substantial work that has been undertaken internationally has demonstrated clear1y that the costs of the investments that are necessary to address the threats posed by climate change, are much less if early action is taken. Delayed action in relation to both mitigation and adaptation will impose much greater burdens on the world economy overall.
South Africa accepts the need for early and decisive action and in that context is committed to mobilising the resources that are necessary to address both mitigation and adaptation. It is accepted that this financing must come from a range of sources and that our own domestic efforts to create, allocate and mobilise finance for the necessary investments, must be met by substantial resources flowing from the international community.
In line with the requirements of the UNFCCC Convention it is important that a significant element of these resources are from internatfonal public sources and are additional to existing Overseas Development Assistance. It is also clear that the element of the resources that comes from private sector sources is likely to be largely made up of concessionalloan financing.
The mobilisation of the scale of resources necessary to address the climate challenge is currently a subject of negotiation internationally. South Africa has an opportunity at the present time to develop acoherent approach to climate financing and to do the preparatory work necessary to be able to mobilise the appropriate scale of resources at an early stage, At the same time, South Africa also recognises that as a middle income developing country and given the current global economic downturn, the quantum of resources there is likely to be a limited degree of funding that is likely to be able to be mobilised from the international community and that much of this is likely to be either concessional loan financing or financing fiows channelled through the private sector. It is also likely that there is likely to be a weighting towards mitigation finance in this scenario. The mobilisation of national sources of financing and the integration of climate plans into the work of government and their resourcing as such is therefore of utmost importance.
South Africa also recognises that our existing financial institutions in both the public and private sector are increasingly aware of climate change issues and are considering how to engage in providing finance for climate related activities. This should be actively supported and encouraged.
Furthermore, South Africa recognises that economic and fiscal incentives and disincentives can both support climate change policy objectives and also can be structured so as to generate a revenue stream that can allow fiscal decisions to be made over time to support climate change policy objectives.
Government will undertake work to determine the economic and fiscal costs and benefits of the proposed Climate Change Response Strategy. This work will specifically address the costs and opportunities resulting from a low carbon growth strategy, including on jobs and livelihoods and specific economic sectors. The work will also address the impacts of climate change through an assessment of the costs of action versus those of inaction and will address the costs of priority actions for specific sectors. This work to, to the extent possible will be incorporated into the National Climate Change Response Strategy White Paper.
Government will consider establishing a National Climate Change Fund that will mobilize resources from national and international sources for investment in both climate change mitigation and adaptation actions. A feasilbility in this regard will be undertaken and its conclusions incorporated in the National Climate Change Response Strategy White Paper.
Government will establish a Climate Finance Tracking Facility that will have the responsibility to track the flows of climate finance in both the private and public sector and that will also be responsible for reporting on the mitigation actions that have been implemented with international support.
Work closely with South Africa's Development Financing Insmutions to ensure that climate change information and climate change risk is factored into their planning and that their lending portfolios support the country's climate change objectives.
Work with and support the banking sector in mobilizing and making available finance for climate mitigation initiatives.
Provide information that would support the banking sector to consider carbon implications in financing and investment decisions.
Carbon trading schemes will be investigated as a medium-to long-term policy response to climate change and will focus on the scope and administrative feasibility of trading schemes for South Africa.
8.2 Human Resources An efficient and effective response to climate change will require all of us to change our behaviour, especially when it comes to the use of fossil fuels and energy usage in general. We will need to do things differently, we will need to use different technologies and we will need to be far more sensitive to, and vigilant of, the changes happening around us. This, in turn, implies the need for new areas of education, the need for new levels of awareness, the need to build new skills, knowledge and expertise. Also implied is the need to provide re-skilling for people whose livelihoods will be completely changed.
Ensure that climate change, and specifically the required response to climate change, is included in all relevant aspects of our formal education curricula in order to ensure that future generations are fully prepared for a rapidly changing planet and the transition to a low-carbon society and economy.
Include Climate Change elements in the review of the National Skills Development Strategy and ensure that all Sector Education and Training Authorities (SETAs) integrate climate change in priority skills development programmes, in the formal, informal and non-formal sectors of the South African education system.
Ensure that all govemment sectoral climate change response strategies and actions plans include sections on education, awareness and outreach and human resource development.
Ensure that the building of knowledge and expertise in new and/or emerging economic sectors is considered in all tertiary education curricula and relevant formal and informal training.
By 2012, design, develop and roll-out a climate change awareness campaign that raises the awareness of all South Africans to the challenge of climate change and the need for appropriate responses and choices at the level of the individual.
By 2013, compile and publish a review of the jobs most threatened by climate change and climate change responses and provide a strategy on how these people may be shielded against potential job losses inclUding, but not limited to, re-training and re-skilling programmes for redeployment in new and/or emerging sectors.
8.3 Technological Resources As with the other inputs described in this section, an efficient and effective climate change response will require many changes in the technologies we use today. South Africa's 2007 Climate Change Technology Needs Assessment indicated what South Africa's priorities are in terms of technologies to address climate change. It was hoped that this initial submission to the United Nations Framework Convention on Climate Change would facilitate the next, critical step, which is the development of specific implementation plans for the prioritised technologies. It was envisaged that this process would open up access to funds, create an enabling environment for the transfer and uptake of technologies, and highlight opportunities for research and development cooperation in this area.
The next step is the development of technology implementation plans. However, the plans for mitigation and adaptation may vary significantly. Whereas mitigation technologies mostly concern hard technologies that are more easily transferred once the majDr stumbling block of funding has been resDlved, it is much more difficult tD draw implementatiDn plans for the sDft technolDgies required fDr adaptatiDn. This stems from the fact that mitigatiDn technolDgies are usually related to the services sector, which is relatively well regulated. MoreDver, very Dften the end users Df adaptatiDn technDIDgies are the general pubiic and the pDorest cDmmunities, who pDssess IDwer and less reliable repayment capacities, which are strong deterrents to financiers. The Drganisations most likely to be tD be involved in the acquisition, develDpment and implementatiDn of adaptatiDn technologies would be local gDvernment agencies and community-based organisatiDns, which would alsD pDse a risk tD financiers in terms of repayment. AdditiDnally, recipients of adaptatiDn technDIDgies frequently have limited absDrption capacity. Due consideration will have to be given to this issue when dealing with implementation plans for adaptation.
As there is no single recipe for transferring different technologies, it is important to draw up implementation plans that will accommodate all technologies prioritised while paying due attentiDn to the specific nature of the various options. Such an action wi\! lead to the identification of more precise steps, barriers and capacity-building needs, as well as other activities that may be required, such as awareness raising and information communication. Research and development partnerships are likely to be a key vehicle by which technologies will be transferred.
By 2012, translate the results of the Climate Change Technology Needs Assessment into well defined implementation plans for the successful transfer of the technology (hard or soft). In so doing, an effective stakeholder engagement process will be employed, the availability of financial and human resources for acquiring the technology will be assessed, and an environment conducive to the smooth flow of technDlogy to the final recipients and users will be described. While elaborating the different steps of the implementation plan for the transfer of a technology, it will be important to identify capacity building needs and other barriers that will have to be overcome. The eventual outcome of this being the preparatiDn of project dDcuments for funding purposes for technologies requiring significant investments.
AnDther key element of an effective response to climate change is information to support decision making at all levels. Given the nature and implications of climate change and the magnitude of the economic and social implications of effective climate change responses, decisions must be based on accurate, current and complete infoimation in order to reduce risk and ensure the efficacy of interventions.
In order to make informed decisions around greenhouse gas emission mitigation and monitor the efficacy of interventions in this regard, accurate, current and complete information on SDuth Africa's greenhouse gas emission profile, including all significant sources, sinks and quantities of emissiDns, as well as information on historical and current emission trends must be available.
By 2012, develop, test and commission a web-based greenhouse gas emission monitoring and reporting system as part Df the National Atmospheric Emission Inventory component of the South African Air Quality Information System.
By 2013, require the mandatory submission of greenhouse gas emission data to the National Atmospheric Emission Inventory by all significant emitters and compilers of greenhouse gas emission related data and/or proxy data by 2013.
From 2014 onwards, pUblish an annual report containing accurate, current and complete information on South Africa's greenhouse gas emission profile, including all significant sources, sinks and quantities of emissions, as well as information on historical and current emission trends.
In order to monitor the accuracy of climate change predictions, especially those used to inform response decisions, accurate, current and complete infonnation on observed climate changes must be available. Furthermore, this infonnation is also fundamental for earty warning systems and modelling calibration and amendment.
By 2012, compile a national climate change observation strategy that, among others, identifies key climate change indicators (e.g. temperature changes, rainfall change, sea-level rise, changes in the frequency and severity of extreme weather events, ocean acidity, etc.), identifies all the key role players involved in monitoring and measuring these indicators and describes how these role players will share and report information on observed climate change.
By 2014 onwards, publish an annual report on all significant observed climate changes and which highlights, among others, new areas of concern. areas where observations are not aligned with modelled predictions, etc.
In order to make informed proactive decisions in respect of interventions aimed at reducing predicted climate change risks, reliable medium-and long-term impact predictions must be available to, among others, establish the scale of the projected change and associated impact and establish the potential costs of the impact and the potential benefits of a response intervention. Furthermore, as much of the on-the-ground responses will be planned and implemented by local authorities, it is imperative that these predictions are down-scaled to levels where they are ofuse in informing these plans.
By 2012, finalise, publish and initiate implementation of the 10-year Global Change Research Plan for South Africa, especially those elements of the plan aimed at increasing South Africa's modelling capacity.
By 2012, compile and publish a strategy for the continuous update and maintenance of the South African Risk and Vulnerability Atlas using reliable medium-and long-term modelling results and down-scaled risk assessments.
By 2012 develop and pilot a methodology for the appropriate downscaling of climate infonnation and the application of comprehensive impact assessments to specific geographical areas. including provinces and municipalities, in order to facilitate the provision of useful information for spatial and resource planning purposes to govemment. Roll out the downscaling work from 2012 onwards.
Ensure that all National Communications submitted in tenns of South Africa's United national Framework Convention On Climate Change commitments contain the most up to date medium-and long-term modelling results and appropriately down-scaled risk and impact assessments.
In order to measure the efficacy of response interventions, especially with respect to cost effectiveness and impact, as well as to facilitate the replication of successful interventions, accurate, current and complete information on these interventions, their cost, outcome and impact is required.
By 2012, design and publish a draft Climate Change Response Monitoring, Reporting and Verification (MRV) System that meets South Africa's requirements for response monitoring whilst aligning with evolving international MRV requirements.
Although disaster management in South Africa has developed significantly since the promulgation of the Disaster Management Act 57 of 2002 and considering that there are numerous overlaps between disaster management and adaptation to climate change due to both focus areas addressing vulnerability to climatic extremes. there is a need to minimise the burden on existing limited institutional capacity by exploiting the disaster management adaptation synergy and ensuring that the use and usefulness of existing information systems is maximised.
System to include environmental diseases, pest outbreaks, heat stress and drought (to support agriculture) and heat stress (impact on vulnerable population).
Support the development of risk and vulnerability service centres at universities supporting resource constrained municipalities.
One of the key information challenges is to get required information to interested and affected people as quickly as possible and to ensure that the information is provided in a format that is accessible and useful to the target audience. This is especially important in respect of early warning systems where people need to take specific actions to reduce risks to themselves, their families and property.
Ensure that ali information systems referred to above implement effective communication strategies that ensure that information reaches the target audience efficiently and effectively.
Explore and develop new and novel ways of communicating information, especially the communication of information to people who have no access to telephonic or other forms of electronic communication. In this regard, the use of radio and also of community networks, such as rnessages disseminated through schools, hospitals, churches etc should also be explored.
The implementation of this policy will be monitored through the cooperative governance mechanisms reflected in section 6 above and the Department of Environmental Affairs as a leading govemment department will define review mechanisms as well as process towards a further elaboration of this policy into regulatory and legislative instruments.
Ensure that research and observation bodies initiate and/or maintain nation-wide climate change monitoring systems, especial.ly in respect of, among others, soil and ambient air temperature, soil moisture and air humidity, extreme weather events, floods and droughts, rainfall and sea-level.
Ensure that appropriate research and observation bodies initiate and/or maintain nation-wide climate change impact monitoring systems, especially in respect of, among others, disease zone changes, vegetation changes, river and stream-flow changes, alien plant invasions and crop failures due to abnormal weather conditions.
Compile and pUblish an annual summary climate change impact update from 2012 onwards.
Implement and comply with the monitoring, reporting and verification (MRV) system for developing countries that is finally negotiated internationally.
South Africa's greenhouse gas emissions peak in 2020 to 2025 at 34% and 42% respectively below a business as usual baseline.
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South Africa's greenhouse gas emissions plateau from peak in 2020 to 2035 South Africa's greenhouse gas emissions begin declining in absolute terms from plateau levels from 2036 onwards.
With the contex1 of South Africa's climate change response objective, the emission trajectory described above Is considered to be a fair contribution to the stabilisation of greenhouse gas concentrations in the atmosphere at a level that prevents dangerous anthropogenic interference with the climate system. It should be noted that the above trajectory is an ambitious one for acountry that is as energy intensive and coal dependent as South Africa. In this context, the need for international finance, technology and capacity building support is a critical factor in the achievement of the trajectory. A key element of an international climate deal is likely to include an international monitoring, reporting and verification system (MRV) which will monitor and report on mitigation actions in developing countries. South Africa would want to make use of the Nationa! Communication system for this.
Develop, test and commission a web-based greenhouse gas emission reporting system as part of the National Atmospheric Emission Inventory component of the South African Air Quality Information System by 2012.
Emission Inventory by all significant emitters and compHers of greenhouse gas emission related data and/or proxy data by 2013.
Publish an annual report comparing actual greenhouse gas emission data against the emission trajectory described above by 2014.
Keep a register of climate actions that result in the mitigation of greenhouse gases and also use this to measure progress against the overall GHG emission trajectory and national reduction targets.
<fn>GOV-ZA.338401158En.2012-02-10.en.txt</fn>
No. 23 of 2010: Adjustments Appropiation Act, 2010.
<fn>GOV-ZA.338731112AEn.2012-02-10.en.txt</fn>
I, NELlSIWE MILDRED OLIPHANT, Minister of Labour, hereby publish proposed amendments to the Labour Relations Act, 1995, the Basic Conditions of Employment Act, 1997, the Employment Equity Act, 1998 and an Employment Services Bill, 2010, for general information and comment.
I will also be tabling these bills at NEDLAC for consideration.
All interested parties are invited to submit written comments on the draft bills.
Such comments should be addressed to: Mr. Thembinkosi lVIkalip., Department of Labour, Private Bag X117, Pretoria, 0001, or faxed to 012 309 4156 or a-mailed to Thembinkosi. Mkalipi@labour.gov.za or Maria. Briedenhann@labour.gov.za c.
Comments should reach the Department of Labour not later than 17 February 2011.
(As introduced in the National Assembly (proposed section 75); explanatory summary of Bill published in Government Gazette No.
To amend the Labour Relations Act, 1995 so as to substitute or insert certain definitions, to align the employment laws to ensure decent work by regulating sub-contracting, contract work and outsourcing, to amend the jurisdiction of the Labour Courts; to provide for the prohibition of certain abusive practices to workers, and to repeal a section; and to provide for matters connected therewith.
Substitution of section 43 of Act 66 of 1995, as amended by section 10 of Act 42 of 1996 1.
gl, the provisions of sections 31,32 and 33 apply, read with the changes required by the context.n.
Amendment of section 51 of Act 66 of 1995, as amended by section 11 of Act 42 of 1996 and section 12 of Act 12 of 2002 2.
n(9) A bargaining council may, by collective agreement[,]&1. establish procedures to resolve any dispute contemplated in this section; (J;ll provide for payment of a dispute resolution levy; and &l provide for the payment of a fee in relation to any conciliation or arbitration proceedings in respect of matters for which the Commission may charge a fee in terms of section 115(2A)(Q, n.
Amendment of section 65 of Act 66 of 1995 3.
nrc the issue in dispute is one that a party has the right to refer to arbitration or to the Labour Court in terms of this Act or any other employment law;n, Amendment of section 115 of Act 66 of 1995, as amended by section 31 of Act 42 of 1996, section 6 of Act 127 of 1998 and section 22 of Act 12 of 2002 4.
lI(k) [the right of any person or category of persons to represent any party] the representation of parties in any conciliation or arbitration proceedings, including the limitation or prohibition of representation in those proceedings;lI.
"[If asked, the] The Commission may provide employees, employers, registered trade unions, registered employers' organisations, federations of trade unions, federations of employers' organisations or councils with advice or training relating to the primary objects of this Act or any other employment law, including but not limited to-".
Amendment of section 136 of Act 66 of 1995, as amended by section 9 of Act 127 of 1998 5.
within 90 days after the date on which that certificate was issued or the end of the 30 day period or any further period agreed between the parties, whichever is the later, any party to the dispute has requested that the dispute be resolved through arbitration.
allow a request for arbitration filed by the party after the expiry of the gO-day period.n.
Amendment of section 143 of Act 66 of 1995, as amended by section 32 of Act 12 of 2002 6.
(1) An arbitration award issued by a commissioner is final and binding and it may be enforced as if it were an order of the Labour Court, High COLIrt or the Magistrate's Court, as the case may be. unless it is an advisory arbitration award.
n(3A) An arbitration award certified in terms of subsection (3) that orders a party to pay a sum of money has the status of a writ of execution of&1.
J;}l the High Court. to the extent that the award is in respect of an amount which exceeds the jurisdiction of the Magistrates Court.n.
Amendment of section 144 of Act 66 of 1995, as substituted by section 33 of Act 12 of 2002 7.
"(d) if there is good cause on any other ground for the award or ruling to be varied or rescinded.".
Amendment of section 147 of Act 66 of 1995, as amended by section 41 of Act 42 of 1996 8.
II(6A) Despite subsection (6), the Commission must appoint a commissioner to resolve the dispute in terms of this Act if&l the emplovee is reQuired to pay any part of the cost of the private dispute resolution procedures: or (Ql the person or body appointed to resolve the dispute is not independent of the employer.
Substitution of section 150 of Act 66 of 1995, as amended by section 35 of Act 12 of 2002 9.
ill The Commission may appoint a commissioner who must attempt to resolve the dispute through conciliation whether or not that dispute has been referred to the Commission or a bargaining council&l at the reQuest of the parties: or Ql if there is no reQuest. if the director believes it is in the public interest to do so.
® Before appointing a commissioner in terms of this section.
Ql the secretary of a bargaining council with jurisdiction over the parties to the dispute.
@ The director may appoint one or more commissioners to conciliate the dispute, who may include a person who has already conciliated in respect of that dispute.
Ql one person from a list of at least five names submitted by the representatives of organised business on the governing body of the Commission.
@ Unless the parties to the dispute agree otherwise, the appointment of a commissioner in terms of this section, suspend the right of an emplovee to strike or an employer to lock-out. acquired in terms of Chapter IV.
Substitution of section 157 of Act 66 of 1995, as amended by section 14 of Act 127 of 1998 10.
&l subject to section 145.
tfl a dispute between a trade union or an employers organisation and a member or applicant for membership of the union or organisation. as the case may be.
gJ.
Occupational Health and Safety Act. 1993 (Act No.
!J1. any other matter a.rising from employment or labour relations.
&.>. If the CCMA or a bargaining council has exclusive jurisdiction in a particular matter. no party may refer such matter to the Labour Court before finalisation by the CCMA or a bargaining council.
@l If proceedings concerning any matter contemplated in terms of subsection (1) are instituted in a court or tribunal that does not have jurisdiction in respect of that matter. that court or tribunal may at any stage refer those proceedings to the Labour Court for determination.
Amendment of section 158 of Act 66 of 1995, as amended by section 44 of Act 42 of 1996 and section 36 of Act 12 of 2002 11.
"(b) order compliance with any provision of this Act or any employment law;".
"!lID No decision may be taken on review in respect of conciliation or arbitration proceedings under the auspices of the Commission or any bargaining council with jurisdiction in respect of a matter contemplated in section 65(1 lee) until the dispute has been determined by the Commission or a bargaining council.".
Amendment of section 186 of Act 66 of 1995, as amended by section 95 of Act 75 of 1997 and section 41 of Act 12 of 2002 12.
ill.
ill. to offer the employee an indefinite contract of employment on the same or similar terms but the employer offered it on less favourable terms. or did not offer it.
Insertion of section 187A in Act 66 of 1995 13.
187A. An employee earning in excess of an amount determined by the Minister by notice in the Gazette. may not refer labour disputes in respect of the provisions of sections 185. 186. 188. 189. 189A and 197 to the CCMA.
Amendment of section 188A of Act 66 of 1995 14.
"(1) An employer may, with the consent of the employee or in accordance with a collective agreement, request a council, an accredited agency or the Commission to appoint an arbitrator to conduct an [arbitration] inguiry into allegations about the conduct or capacity of that employee."
[and in respect of a specific arbitration].
® a collective agreement may provide for an inguiry to be held in terms of this section.
"(8) The ruling of the arbitrator in an inquiry has the same status as an arbitration award and the provisions of sections 143 to 146 apply with the changes required by the context to any ruling made by an arbitrator in terms of this section.
"(9) An arbitrator conducting an [arbitration] inquiry in terms of this section must, in the light of the evidence presented and by reference to the criteria of fairness in the Act, [direct] rule as to what action, if any, [should] may be taken against the employee."
(10) (a) A private agency may only appoint an arbitrator to conduct an [arbitration] inquiry in terms of this section if it is accredited for [this purpose] arbitration by the Commission.
A council may only appoint an arbitrator to conduct an [arbitration] inquiry in terms of this section in respect of which the employer or the employee is not a party to the council, if the council has been accredited for [this purpose] arbitration by the Commission.
ll1l Despite subsection (1). if an emplovee alleges that the holding of an inquiry contravenes the Protected Disclosures Act. 2000 (Act No. 26 of 2000). or that the employer has contravened section 5 of this Act. that employee or the employer may require that an inquiry be conducted by arbitration under this sectionthis section and the suspension of an employee on full pay pending the outcome of such an inquiry do not constitute an occupational detriment. as contemplated in the Protected Disclosures Act. 2000 (Act No. 26 of 2000).11.
Oll in respect of any contemplated dismissal for operational requirements.
Amendment of section 191 of Act 66 of 1995 15.
II(5A) Despite any other provision in the Act.
Oll the commissioner concludes that it is unreasonable for the arbitration to commence immediately, after consideringill.
the public interest.
n(12) An emplovee dismissed by reason of the employer's operational requirements may elect to refer the dispute either to arbitration or to the Labour Court if&1. the employer followed a consultation procedure that applied to that emplovee only.
Ql the employer employs less than 10 emplovees.
Amendment of section 197 of Act 66 of 1995, as amended by section 49 of Act 12 of 2002 16.
n(b) 'transfer' means the transfer of a business [by] from one employer (''the old employer") to another employer (''the new employer") as a going concern.
Repeal of section 198 of Act 66 of 1995 17. Section 198 of the principal Act is hereby repealed.
Amendment of section 200A of Act 66 of 1995 18.
"(1) Until the contrary is proved, for the purposes of this Act and any employment law, a person, who works for or renders services to, any other person, is presumed, regardless of the form of the contract, to be an employee, if anyone or more of the following factors are present".
Insertion of section 2008 in Act 66 of 1995 19.
An emplovee must be employed permanently, unless the employer can establish a justification for employment on a fixed term.
200C. An employee must have recourse against the employer and its client company where there is unfair labour practice.
Amendment of section 201 of Act 66 of 1995, as amended by section 49 of Act 42 of 1996 20. Section 201 of the principal Act is hereby amended by the deletion of subsection (3).
Amendment of section 203 of Act 66 of 1995, as amended by section 52 of Act 12 of 2002 21.
Ql to amend or replace any code of good practice.
@ If NEDLAC fails to reach consensus on any proposal to change. replace or issue a code of good practice within six months of the commencement of consultations. the Minister may publish in the Government Gazette the relevant change. replacement or code of good practice in accordance with the provisions of this section.
ill A code of good practice issued by the Minister in terms of subsection (6) has the same status as a code of good practice issued by NEDLAC in terms of this section.
Insertion of section 209A in Act 66 of 1995 22.
209A. Any person who contravenes or fail to comply with section 201 and 205 is guilty of an offence and is liable to a fine or imprisonment or both such fine and imprisonment as listed in the table below.
It is a criminal offence to Minimum applicable Minimum term of contravene the following fines imprisonment I provisions Section 201 R10000.
Section 205 R10000.
Amendment of section 213 of Act 66 of 1995, as amended by section 52 of Act 42 of 1996, section 54 of Act 12 of 2002 and section 43 of Act 30 of 2007 23.
'contract of employment' means@l.
"'employee' means any person employed by or working for an employer. who receives or is entitled to receive any remuneration.
'''employer' means any person, institution. organisation.
the Unemployment Insurance Act, [1966 (Act No. 30 of 1966)] 2001 (Act No.
[the Skills Development Act, 1998 Act No.
the Employment Equity Act, 1998 (Act No.
the Occupational Health and Safety Act, 1993 (Act No.
{fl the Basic Condition of Employment Act. 1997 (Act No. 75 of 1997)·11.
the substitution for the definition of "serve" of the following definition: '''serve' means to send by registered post, telegram, telex, telefax or to deliver by hand and: &l in respect of the Labour Courts. any other method of service specified in the Rules of the Labour Court: !;ll in respect of the Commission. any other method of service specified in the Rules of the Commission;".
Notwithstanding the provisions of this Act, any proceedings instituted in any court or tribunal before the commencement of this Act must be dealt with as if the principal Act had not been amended.
Nothing in this section precludes a court or tribunal from referring any such proceedings to the Labour Court for determination in terms of section 157(4) of the principal Act as amended by this Act.
Until the Rules Board for Labour Courts contemplated in section 159 of the principal Act makes rules concerning the referal of matters from other courts in terms of section 157(4) of the principal Act as amended by this Act, the registrar of the Labour Court must submit a referred matter in chambers to a judge of the Labour Court give a directive as to how the proceedings should be conducted in the Labour Court.
The Minister must publish a notice in the Gazette notifying the public when section 198 will cease to operate.
The Department of Labour is submitting the Labour Relations Amendment Bills for approval. This is a fifth amendment since the promulgation of the Labour Relations Act in 1995.
This Bill seeks to address the concerns raised in the ruling party's election manifesto which has committed the government to the following: "In order to avoid exploitation of workers and ensure decent work for all workers as well as to protect the employment relationship, introduce laws to regulate contract work, subcontracting and outsourcing, address the problem of labour broking and prohibit certain abusive practices."
In preparation for the publication of this Bill the Department of Labour and the representatives of organised business and labour undertook a labour law review.
adjustments to the law to ensure compliance with South Africa's obligations in terms of internationa.
rectifying anomalies and clarifying uncertainties that have arisen from the interpretation and application of the three statutes.
The Act provides for statutory councils to be established in sectors in which employers' organisations and trade unions are unable to agree on the establishment of a bargaining council. Presently, statutory councils can ask the Minister to extend collective agreements concerning certain specified topics to all parties within their sector. It is proposed to amend section 43(1) to allow a statutory council to make such a request in respect of any collective agreement that it has concluded.
The amendment of section 51 (9) allows a bargaining council to establish dispute resolution procedures for its sector by collective agreement. Section 51 (9) is amended to clarify that such a collective agreement may provide for a dispute resolution levy as well as for the council to charge a fee for dispute resolution services. A fee may only be charged if the CCMA charges a fee for that service and may not exceed the fee charged by the CCMA.
3 Limitation on rights to strike and lock-out.
Section 65(1)(c) is amended to align the use of employment laws instead of labour Relations Act to broaden the scope of this provision. The insertion addresses the issue of referring the matters to the Labour Court only in matters referring to Labour Relations as the case now in the LRA and we want to include all employment laws.
A range of amendments are made to the provisions dealing with the operation of the CCMA to facilitate the resolution of disputes and enhance the efficiency of the CCMA's operation.
4.1 It is proposed that the CCMA should, on request, be able to assist a party to proceedings to serve documents on other parties and to enforce an arbitration award, if requested by a party to assist. These proposed functions will facilitate the operation of the CCMA. Presently, parties are obliged to serve documents themselves. There is evidence that employees are unable to serve documents or, where they have done so, they are unable to prove that there has been service. In these circumstances, it is appropriate that the CCMA should be able to utilise its resources to ensure that proper notification is given to parties so that they have the opportunity to decide whether to participate in proceedings and to prevent claims of non-service being used to 'frustrate dispute resolution.
Page 5 of17 4.2 The amendment of subsection "2A (k)" seeks to empower the CCMA to make rules regarding representation, whether to allow or prohibit representation in any Conciliation or Arbitration proceedings. By doing that we want to give the CCMA discretion whether to allow or prohibit representation looking at the complexity of the matter.
The CCMA's function of providing training and assistance to stakeholders is extended to all employment legislation. (s115(3)) CMA did not have these powers).
The Commission is given the authority to appoint a Commissioner to arbitrate over matters that remain unresolved between the parties for 30 days or any further agreed period in order to facilitate speedy resolution of matters. As the case is now in the Principal Act the provision is open and we now want to put the time frames for a speedy resolution.
Proposed changes to section 143 would change the status of CCMA arbitration awards. The purpose of this is to facilitate the enforcement of awards by removing the need for a writ to be issued by the Labour Court before an award can be executed.
Page6of17 addition, if an award is executed for an amount of compensation that is within the Magistrate's Court jurisdiction, the fees for execution will be at the Magistrate's Court tariff rather than the High Court tariff. This will assist in the speedy resolution without taking the route of lengthy litigation. If you have an award you can have the writ issued immediately without making an application to the Labour Court if the employer fails to comply with the order.
The power of Commissioners to rescind or vary erroneous or improperly obtained rulings and awards is extended to cover the issue of certificates at the conclusion of conciliation and not only the arbitration awards. The grounds on which certificates, rulings and arbitration awards can be varied or rescinded are extended to include "good cause". (s144(d)) This is consistent with the jurisprudence of the Labour Court on this issue.
The CCMA provides employees with access to expedite dispute resolution without any charge.
STAATSKOERANT, 17 DESEMBER 2010 No.
Page7of17 by, for instance, requlnng employees in their contracts of employment to agree to share the costs of arbitrations. While these clauses are not enforceable and the CCMA is entitled to hear these disputes, a new sub section (6A) is inserted to clarify that the CCMA must deal with such a dispute if a private dispute resolution procedure either requires the employee to pay the costs of the arbitration or the arbitrator is not independent of the employer.
Amendments are proposed to extend the power of the CCMA to intervene to resolve disputes in the public interest.
Director of the CCMA has consulted with the parties. This power has been used to provide conciliation in high profile disputes which have given rise to industrial action or the threat of industrial action.
(a)The jurisdiction of the Labour Court is clarified and expanded. The Labour Court's exclusive jurisdiction is extended to the interpretation of all employment laws, all matters concerning the termination of contracts, constitutional matters arising from employment or labour relations and reviews of administrative actions in terms of any employment law. It is also clarified that, in line with the jurisprudence of the Constitutiona.l Court, the Labour Court will have exclusive jurisdiction for issues of labour law in the public service. These changes will prevent ''forum shopping by parties as well as prevent the emergence of conflicting jurisprudence in the specialist Labour Court and the High Court. (s.
In addition, the review powers of the Labour Court are adjusted to be consistent with PAJA.
Page 9 of17 arbitration awards. Similar amendments are made to other labour legislation.
Decisions made during conciliation and arbitration hearings may only be reviewed after the conclusion of the arbitration. (s 158(1)(b)) This provision is introduced to prevent the obstructive use of piece-meal reviews to delay dispute resolution in the CCMA(s 158 (1 B)). This amendment is justified by the need to ensure that the CCMA is able to resolve disputes in an expeditious manner.
(d)The Labour Court Rules Board is required to review the Labour Court rules at least once every two years.
Amendments are proposed to clarify aspects of the law on unfa.ir dismissal.
36 No.
Page 10 of 17 186(b)(ii) This is in line with the Manifesto to regulate the contract work.
Section 186 (2) is a consequential to the new section 200C introduced to address the issue of liability of client company to the actual employer in cases of unfair labour practice. The reason for this amendment is that as it stands in the Principal Act unfair labour practice refers to the employer only.
The amendment seeks to exclude employees earning more than the prescribed threshold from referring their labour disputes to the CCMA. This will ensure that vulnerable employees are not prejudiced because of the delays caused by the volume of complaints from employees who can afford to approach the courts.
The concept of the "pre-dismissal arbitration" introduced in 2002 is renamed as an enquiry by an arbitrator.
Page 11 of 17 internal enquiries and arbitration hearings, little use has been made of it. In order to facilitate more extensive use, it is proposed that collective agreements should be able to provide for inquiries by an arbitrator. This will a.llow employers and trade unions to a.gree on using this form of enquiry in disciplinary codes that are established by collective agreement.
In addition, an enquiry of this type is made mandatory on the request of either the employer or the employee in two cases. The first is if the employee alleges that the dismissal would be automatically unfair because the employee is seeking to dismiss the employee for exercising a protected right under section 5 of the LRA. The second is "whistle-blower" cases in which the employee alleges that an employer is seeking dismissal in response to a protected disclosure under the Protected Disclosures Act. The latter type of case can give rise to protracted litigation over whether the employer is entitled to conduct an enquiry. This can be abused by persons other than genuine "whistle-blowers" to delay legitimate disciplinary processes. An enquiry by an arbitrator will ensure that there is an immediate investigation into the substance of the allegations and will lead to a very much quicker resolution of these disputes.
Page 12 of 17 13.
The "con-arb" process a.llows arbitration proceedings to commence immediately after the end of conciliation phase. This change, which was introduced in 2002, has contributed to a significant reduction of the period taken to resolve disputes. However, in terms of section 191 (5), either party may object to a dispute being dealt with in terms of the "con-arb" process. CCMA statistics show that objections to "con-arb" are lodged in roughly 30% of cases significantly delaying the resolution of disputes. It is proposed that all disputes should be dealt with by "con-arb" unless the commissioner and all the parties agree that "con-arb" is not appropriate or the commissioner concludes that it is unreasonable. This will ensure that an increasing proportion of cases are dealt with through "con-arb" while more complex cases can be postponed to allow the parties to prepare.
The right of dismissed employees to refer an "individual" operational requirements dismissal to arbitration is clarified.
Page 13 of 17 the matter. In addition, employees of employers with less than 10 employees will be able to refer retrenchments to the CCMA for arbitration.
The application of section 197 to "second generation" transfers in which work that has been previously outsourced is transferred from one service provider to another is clarified.
198 which brought about the confusion in its application. The labour brokers manipulated this section and operated under the auspices of this section and therefore by repealing this section we want to address the Manifesto which states that we must address the problem of Labour broking. The challenge with this section is that CCMA and the Labour Courts have difficulties in identifying who is the employer.
40 No.
This is an amendment to the principal act where the presumption of who is an employee was only referred to the Labour Relations Act and now we want to extend it to include any other employment law. This is to align all labour laws.
The Bill proposes a declaration of indefinite employment. In other words, an employer that engages employees on a fixed-term basis will have to demonstrate a justification for doing so. Such a jusUfication will be present if the employee was engaged to work on a specific task (eg: the building of a particular building, replacing a person who is on maternity, ect.) or on a task that lasts for a specific period. The purpose of this clause is to prevent the use of ''fixed term contract as a basis for depriving employees who are engaged for work of indefinite duration of security of employment. It is proposed that the clause should only apply to employees who are earning below a threshold set by the Minister of Labour (section 200B).
Page 15 of 17 impact on the use of fixed term contracts in respect of managerial and other senior employees.
Proposed section 200C addresses the issue of employees to have recourse against client companies in cases of unfair labour practices in sub-contracting.
The deletion seeks to align with the table provided in the new section 209 which deals with offences and penalties. There is no need for these provisions as they are addressed in the table.
The Minister may place proposals before NEDLAC for new codes of good practice or to revise existing codes. If the NEDLAC stakeholders are unable to reach consensus on a code of good practice after six months of consultations, the Minister will be empowered to issue a code of good practice.
Page 16 of 17 updated and ba.lances the importance of stakeholder consultation with the requirements of good governance.
Relations Act and enforcement by Labour inspectors. The new provision will also empower inspectors to issue fines and lay criminal charges to that employer who contravenes section 201 and 205 of this Act. It also gives time frames in order to expedite the process.
A new definition of the term "contract of employment" clarifies that any contract or arrangement in terms of which an employee, as defined in the LRA, is a contract of employment. This clarifies an uncertainty that has arisen from the fact that the statutory definition of an employee is broader than the equivalent common law concept. The need for this has been identified in several Labour Court decisions as well as by the SA Law Commission. At the sa.me time, a new definition of an "independent contractor" is inserted to ensure that the "fraudulent "independent contracting" is not used to disguise employment relationships.
Conditions of Employment as one of the legislations administered by the Minister of Labour and to remove the Skills Development Act as it is no longer assigned to the Minister of Labour.
the term "serve" (serving of documents and notices) to be consistent with other employment laws.
Employee, employer, and the workplace are defined for alignment with other employment laws as defined in Occupationa.l Health and Safety Act, to extend the definition to address the new developments in the labour market.
A transitional provision to require the Minister to invite representations three months before the repealed section 198 comes into effect on categories of ''temporary work in which placement by temporary employment services to address those temporary placements that are already in place should be permitted is proposed. In addition, provisions to phase in the revised jurisdiction of the Labour Court are included.
<fn>GOV-ZA.338731112CEn.2012-02-10.en.txt</fn>
08/12/2010 64 No.
[] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
BILL To amend the Employment Equity Act, 1998, so as to substitute or insert certain definitions; to prohibit a difference in the terms and conditions between employees from the same employer performing substantially the same work or work of equal value; to provide for the certification of psychometric testing used to assess employees; to provide for certain employees to refer unresolved disputes to the CCMA; and to empower the Director General to impose fines; and to provide for matters connected therewith.
Amendment of section 1 of Act 55 of 1998 1.
'designated groups' means black people, women and people with disabilities who&1.
&l became citizens of the Republic of South Africa by naturalisationill.
the insertion after the definition of "HIV" of the following de'finition: (" 'independent contractor' means a person who works for or supplies services to a client or customer as part of the person's business.
·serve' means to send by registered post. telegram. telex. telefax or to deliver by hand and: &l in respect of the Labour Courts.
@ in respect of the Commission.
the insertion after the definition of "trade union representative" of the follOWing definition: " 'turnoverl means the total annual turnover of an employer for the preceding year calculated in accordance with the provisions of the Competition Act. 1998 (Act No. 89 of 1998);".
Amendment of section 6 of Act 55 of 1998 2.
(4) A difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value is a form of unfair discrimination and is prohibited on anyone, or more grounds of unfair discrimination listed in subsection (1).
The Minister may. after consultation with the Commission, issue a code of good practice setting out the criteria and the methodology for assessing work of equal value in terms of subsection (4).
Amendment of section 8 of Act 55 of 1998 3.
lied) has been certified by the Health Professions Council of South Africa established in terms of the Health Professions Act, 1974 (Act No. 56 of 1974).
Amendment of section 10 of Act 55 of 1998 4.
an employee earning less than the amount prescribed by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act may refer the dispute to the CCMA for arbitration.
Substitution of section 11 of Act 55 of 1998 5.
If the employee makes out a prima facie case of unfair discrimination. the respondent must prove that00 the discrimination did not take place as alleged: or !Ill the conduct is not based on one or more of the prohibited grounds listed in section 6(1).
Discrimination is unfair. unless the respondent proves that the discrimination is fair. if the discrimination did take place-00 on a prohibited ground listed in section 6(1): !Ill on a ground not listed in section 6(1).
adversely affects the egual enjoyment of a personls right and freedom in a manner that is comparable to discrimination on a ground listed in section 6(1). @ For the purposes of this section. a respondent includes an employer of the employee or any other person contemplated in section QL11.1I.
Amendment of section 20 of Act 55 of 1998 6.
Uill The Director-General may apply to the Labour Court to impose a fine contemplated in Schedule 1 of the Act. if a designated employer fails to prepare and implement an employment equity plan in accordance with the provisions of this Act. u.
Amendment of section 21 of Act 55 of 1998 7.
thereafter, submit a report to the Director-General once every [two years] year, on the first working day of October.
U(3) Despite [subsections (1) and (2)] subsection (1) , a designated employer that submits its first report in the 12-month period preceding the first working day of October, should only submit its second report on the first working day of October in the following year.
(2) subsection (1) must contain the prescribed information and must be signed by the chief executive officer of the designated employer.
II(5A) An employer that is not able to submit a report to the Director-General by the first working day of October in terms of subsection (1)(b) must notify the Director-General in writing before the last working day of August in the same year giving reasons for its inability to do so.
The Director-General may apply to the Labour Court to impose a fine contemplated in Schedule 1 of the Act.
or (!;ll the reasons submitted in terms of subsection (5) are found to be false or invalid.
Amendment of section 27 of Act 55 of 1998 8.
72 No.33873 GOVERNMENT GAZETTE, 17 DECEMBER 2010 9 terms of section 21 (1) and (2), must submit a statement, as prescribed, to the Employment Conditions Commission established by section 59 of the Basic Conditions of Employment Act, on the remuneration and benefits received in each occupational [category and] level of that employer's workforce.
Where disproportionate income differentials or unfair discrimination in terms and conditions of employment as contemplated by section 6(4) are reflected in the statement contemplated in subsection (1), a designated employer must take measures to progressively reduce such differentials subject to guidance as may be given by the Minister as contemplated in subsection (4).
Repeal of section 36 of Act 55 of 1998 9. Section 36 of the principal Act is hereby repealed.
Amendment of section 37 of Act 55 of 1998 10.
s: Jl assign responsibility to one or more senior managers as required by section 24; &1. inform its employees of the provisions of this Act as required by section 25: or fJ.. maintain records as required by section 26: gl prepare and implement an employment equity plan in accordance with section 20.
11(4) A designated employer who receives a compliance order served in terms of subsection (3) must_ &1.
{Ql inform the inspector in the prescribed form within 30 days of the expiry of the time period of either its compliance with the order or, if it has not complied, the reasons for not doing SO.
11(6) If a designated employer does not comply with an order within the period stated in it, [or does not object to that order in terms of section 39,] the Director-General may {gl amend the order and serve it to the employer; or Ull apply to the Labour Court to make the compliance order or any part of such order an order of the Labour Court.II.
Repeal of sections 39 and 40 of Act 55 of 1998 11. Sections 39 and 40 of the principal Act are hereby repealed.
Substitution of section 42 of Act 55 of 1998 12.
[any other prescribed factor] reasonable steps taken by an employer to appoint and promote suitably qualified people from the designated groupS.
Substitution of section 45 of Act 55 of 1998 13.
Ul1. if the employer fails to justify the failure to comply with the request or recommendation. to impose a fine in terms of Schedule 1 on the employer.
@ Any challenge to the validity of the Director Generalis request or recommendation may only be made in the proceedings contemplated in sub-section (1).
Amendment of section 50 of Act 55 of 1998 14.
"(h) reviewing [the performance or purported performance of any function provided for in this Act or any act or omission of any person or body] an administrative action in terms of this Act [on any grounds that are permissible in law];".
Amendment of section 55 of Act 55 of 1998 15.
"(2) The Minister [must] may. by notice in the Gazette make [a regulation] regulations providing for separate and simplified forms and procedures when making regulations in respect of the obligations created by sections 19, 20, 21, 25 and 26 for employers that employ 150 or fewer employees.".
Amendment of section 56 of Act 55 of 1998 16. Section 56 of the principal Act is hereby amended by the substitution of subsection (1) of the following subsection: 11(1) The Minister may delegate any power conferred, or assign any duty imposed, upon the Minister in terms of this Act[, except the powers and duties contemplated in sections 29(1), (5) and (7), 53(2), 54, 55, 59(4) and 61 (4)].II.
Repeal of section 57 of Act 55 of 1998 17. Section 57 of the principal Act is hereby repealed.
Substitution of Schedule 1 of Act 55 of 1998 18.
Substitution of Schedule 4 of Act 55 of 1998 19.
Standard Industrial Classification turnover Agriculture [R2,OOm] R5.
effect amendments to the Employment Equity Act, 1998 (Act No.
align the provisions of this Act with the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), and the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No.
effect certain consequential amendments and textual corrections.
Clause 1 seeks to amend the definition of "designated group" to ensure that the beneficiaries of affirmative action in terms of Chapter III of the Employment Equity Act are limited to persons who were citizens of the Republic of South Africa before the democratic era, or would have been entitled to citizenship but because of policies of Apartheid those people and their descendants were not allowed citizenship. The proposed definition seeks to provide that the employment of persons from the "designated groups" who are foreign nationals or became citizens subsequent to April 1994 will assist employers to meet their affirmative action targets.
Clause 1 also seeks to amend the de'finition of "labour inspector" to correct the cross reference to section 65 instead of section 63 of the Act.
Clause 1 seeks to insert new definitions and amend of certain definitions to provide clarity and to align the Act with other legislation.
Clause 2 seeks to amend section 6 of the Act by the addition of subsection (4) which deals explicitly with unfair discrimination by an employer in respect of the terms and conditions of employment of employees doing the same work, similar work or work of equal value. A differentiation based on a prohibited ground listed in subsection (1) I amounts to unfair discrimination unless the employer can show tl1at difference in wages or conditions of employment is in fact based on fair criteria such as experience, skill, responsibility and qualifications.
The lack of a provision dealing expressly with wage discrimination on the basis of race and gender has been criticised by the International Labour Organisation.
Unfair Discrimination Act, which infringes the right to equality as provided for in section 9 of the Constitution and the right to fair labour practices as provided for in section 23 of the Constitution. The proposed amendment seeks to provide a basis for equal pay claims for same or similar work.
Minister of Labour, after consultation with the Commission, to issue a code of good practice setting out the criteria and the methodology for assessing work of equal value.
2.3 Clause 3: Psychometric testing Clause 3 seeks to amend section 8 of the Act to provide that only psychometric tests that have been certified by the Health Professions Council of South Africa may be used in tests and assessments of an employee. This will ensure that that the testing used is scientifically valid, reliable, and objective and cannot be used to unfairly discriminate and unfairly disadvantage a certain employee or a certain group of employees.
2.4 Clause 4: Disputes concerning discrimination Clause 4 seeks to amend section 10 of the Act to provide for lower paid employees (those earning less than the earnings threshold prescribed under section 6(3) of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)) to refer a dispute based on discrimination (including equal pay claims) to the CCMA for arbitration. This will assist lower income employees in having their disputes adjudicated in a cost effective manner which will promote protection for vulnerable, powerless and exploited employees.
STAATSKOERANT, 17 DESEMBER 2010 No.33873 83 2.5 Clause 5: Burden of proof Clause 5 seeks to substitute section 11 of the Act to align the burden of proof in respect of a claim of unfair discrimination in the workplace with the Promotion of Equa.lity and Prevention of Unfair Discrimination Act.
2.6 Clause 6: Employment equity plan Clause 6 seeks to amend section 20 of the Act to empower the Director-General to apply to the Labour Court to impose a fine when an employer fails to prepare or implement an employment equity plan in accordance with the provisions of this Act.
Clause 7 seeks to amend section 21 of the Act to provide for all designated employers to submit annual reports on the implementation of their Affirmative Action Plans. Presently, employers with between 50 and 150 employees are required to report every second year. Reporting can be done online and will not impose undue obligations on designated employers.
The proposed amendment seeks to empower the Director-General of Labour to apply to the Labour Court to impose a fine on an employer, who without a valid reason, fails to file its annual report. This seeks to ensure that designated employees adhere to the provisions of the Act.
84 No.33873 GOVERNMENT GAZETTE, 17 DECEMBER 2010 2.8 Clause 8: Income differentials and discrimination Clause 8 amends section 27 of the Act and seeks to provide that a designated employer must take measures to reduce disproportionate income differentials or unfair discrimination in terms of the conditions of employment. This is aimed at preventing end eliminating unfair discrimination in the workplace.
2.9 Clause 9: Undertaking to comply Clause 9 repeals section 36 of the Act because the process of obtaining a written undertaking from a designated employer to comply with section 36 delays the employer to comply with the provisions of the Act.
2.10 Clauses 10-13: Enforcement provisions Clauses 10-13 seeks to amend sections 37, 39, 40, 42 and 45 of the Act to eliminate certain mandatory steps and criteria that must be taken into account in determining whether a designated employer is implementing employment equity in compliance with the Act. These proposed amendments seek to promote effective enforcement and prevent the use of reviews as a mechanism to delay the enforcement process. The proposed amendments do not prevent employers who are aggrieved by decisions from challenging these decisions at an appropriate juncture. The DirectorGeneral may apply to the Labour Court to impose a fine on an employer that does not comply with a request made during a review of the employer's compliance with the Act or a recommendation made as a result of such a review.
Clause 14 seeks to amend section 50(1) (h) of the Act to empower the Labour Court to review administration actions in terms of the Employment Equity Act. This amendment aligns this Act with the Promotion of Administrative Justice Act.
Clause 15 seeks to effect a grammatical correction to section 55 of the Act by empowering the Minister to make "regulations" instead of "a regulation".
Clause 16 seeks to abolish the limitation imposed on the power of the Minister to delegate in terms of this Act. This clause seeks to empower the Minister to delegate the power to issue certificates of compliance with the Act.
Clause 17 repeals section 57 of the Act to align the Act with the Labour Relations Act, 1995 (Act No. 66 of 1995).
Clause 18 seeks to repeal the Schedule 1 of the Act, which aims to increase the penalties for contravention of the provisions of this Act by imposing penalties that are linked to the annual turnover of the employer.
Clause 19: Turnover threshold applicable to business employers Clause 19 seeks to amend Schedule 4 to the Act by increasing the total annual turnover that an employer in agriculture must exceed to be classified as a designated employer from R 2 million to R 5 million.
5.1 The Department of Labour and the State Law Advisers are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution of the Republic of South Africa, 1996, since it contains no provision to which the procedure set out in section 74, 76 and 77 of the Constitution applies.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 1(1)(a) of the Traditional Leadership and Government Framework Act, 2003 (Act. No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.338731112bEn.2012-02-10.en.txt</fn>
To amend the Basic Conditions of Employment Act, 1997 so as to substitute or insert certain definitions; to provide benefits for contract workers; to prohibit certain conduct of employees; to provide for the prohibition of work by children as employees or independent contractors; to further provide for the adjustment of remuneration; to provide for the Minster to publish a sectoral determination for employees and employers who are not covered by any other sectoral determination; to delete or repeal certain obsolete provisions; to provide for a convicted employer to repay an employee amounts which are due to the employee; to provide for the prohibition of certain exploitative practices by employers; and to provide for certain offences and penalties; to increase the penalties for certain offences; and to provide for matters connected therewith.
Amendment of section 1 of Act 75 of 1997, as amended by section 40 of Act 65 of 2001, section 26 of Act 68 of 2002 and section 25 of Act 52 of 2003 1.
the insertion after the definition of "Constitution" of the following definition-" Icontract of employment' means&1.
the insertion after the definition of "farmworker" of the following definition: " 'independent contractor' means a person who works for or supplies services to a client or customer as part of the person's business.
&l in respect of the Labour Courts.
Amendment of section 32 of Act 75 of 1997 2.
"@ Employers must contribute benefits of similar or equal value to employees employed on a fixed term contract as the benefits afforded to permanent employees.".
Insertion of section 33A in Act 75 of 1997 3.
1Ql require an employee or prospective employee to purchase any goods from the employer.
in respect of the employment of. or the allocation of work to.
If an employee's remuneration or wage is calculated, either wholly or in part, on a basis other than time or if an employee's remuneration or wage fluctuates [significantly].
Substitution of section 43 of Act 75 of 1997 4.
[who] is under the minimum school-leaving age in terms of any law[, if this is 15 or older].
that place[s] at risk the child's well-being, education, physical or mental health, or spiritual, moral or social development.
A person who [employs] requires or permits a child to work in contravention of subsection (1) or (2) commits an offence.
Substitution of section 44 of Act 75 of 1997 5.
Subject to section 43(2), the Minister may, on the advice of the Commission, make regulations to prohibit or place conditions of [on the employment of] work by children who are at least 15 years of age and no longer subject to compulsory schooling in terms of any law.
@ A person who [employs] requires or permits a child to work in contravention of [subsection (1) or (2)] any regulation made in terms of this section commits an offence.
@ The Minister may. on the advice of the Commission. make regulations to give effect to South Africa's international law obligations in terms of the International Labour Organisation Convention No.182l on the Worst Forms of Child Labour and any other international instrument dealing with work by children.
Substitution of section 45 of Act 75 of 1997 6.
The Minister may, after consulting the Commission, make regulations relating to the conduct of medical examinations of children [in employment] who perform work.
Amendment of section 46 of Act 75 of 1997 7.
(b) discriminate aga.inst a person who refuses to permit a child to [be employed] work in contravention of this Act.
Substitution of section 47 of Act 75 of 1997 8.
In any proceedings in terms of this Act, if the age of [an employee] any person is a relevant factor for which insufficient evidence is available, it is for the party who alleges that the [employment] work by that person complied with the provisions of this Chapter to prove that it was reasonable for that party to believe, after investigation, that the person was not below the permitted age in terms of section 43 or 44.
Amendment of section 55 of Act 75 of 1997, as amended by section 11 of Act 11 of 2002 9.
11(1) After considering the report and recommendations of the Commission contemplated in section 54 (4), the Minister may make a sectoral determination for one or more sector and area or as contemplated by subsection (8).
"(b) provide for the adjustment of remuneration by way of.ill.
"(g) prohibit or regulate task-based work, piecework, homework, the placement of employees by temporary employment services.
11(0) subject to the provisions of the Labour Relations Act.
any matter necessary to determine the conditions of a labour tenant as contemplated in section 4 of the Land Reform (Labour Tenants) Act NO.
@ Subject to the provisions of subsection (7). the Minister may publish a sectoral determination that applies to employers and employees who are not covered by any other sectoral determination.II.
Amendment of section 64 of Act 75 of 1997 10. Section 64 of the principal Act is hereby amended by the deletion in subsection (1) of paragraph (d).
Amendment of section 65 of Act 75 of 1997, as amended by section 17 of Act 37 of 2008 11.
An interpreter.
Service or any other assistant may. when reguired by a labour inspector, accompany the labour inspector when he or she performs his or her functions under this Act or any employment law.
Repeal of sections 68, 69, 70, 71, 72 and 73 of Act 75 of 1997 13. Sections 68, 69, 70, 71, 72 and 73 of the principal Act are hereby repealed.
Amendment of section 74 of Act 75 of 1997, as amended by section 17 of Act 11 of 2002 14.
"lf an employee institutes proceedings for unfair dismissal, the Labour Court or the arbitrator hearing the matter may also determine any claim for an amount that is owing to that employee in terms of this Act if [-] the claim has not prescribed."
the deletion in subsection (2) of paragraphs (a), (b) and (e).
Amendment of section 77 of Act 75 of 1997 15.
"{1) Subject to the Constitution, the Labour Court has exclusive jurisdiction in respect of all matters in terms of this Act."
"(3) The Labour Court has [concurrent] exclusive jurisdiction [with the civil courts] to hear and determine any matter concerning a contract of employment, irrespective of whether any basic condition of employment constitutes a term of that contract.".
Amendment of section 77A of Act 75 of 1997 16.
"(d) reviewing [the performance or purported performance of] any [function provided for] administrative action in terms of this Act [or omission by any person or body in terms of this Act, on any grounds permissible in law] or any employment law;".
Repeal of section 82 of Act 75 of 1997 17. Section 82 of the principal Act is hereby repealed.
Amendment of section 93 of Act 75 of 1997 18.
"llAl If an employer is convicted of any offence under this act the court that imposes the sentence must consider any amounts due to the employee as a result of non payment or illegal 13 deductions and must make an appropriate order for the payment of amounts due to the employee."
Section 9. 1D. 14. 15, 16. R10000.00 12 months imprisonment 17.18.19.20.21,22.
Section 48 [3] Qyears Sections 65 and 66 R10000.
"@ The Minister may by notice in the Gazette review the applicable penalties.".
Section 95 of the principal Act is hereby repealed.
This Bill is the second amendment since the promulgation of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997), (Act).
prohibit certain abusive practices; and effect certain consequentia.l amendments as a result of the insertion of new definitions and to effect certain textual corrections.
2.2 Definitions Clause 1 of the Bill seeks to substitute or insert certain definitions to align the Act with other legislation.
2.3 Payment of remuneration Clause 2 of the Bill provides that employers must contribute benefits of equal or similar value to fixed term contract workers as the benefits afforded to its permanent employees.
Clause 3 of the Bill seeks to prohibit employers from seeking, requiring or accepting any benefit or payment from an employee or a prospective employee in respect of their employment or the allocation of work to the employee. There are recent reports that employees working for a company operating parking meters for the Cape Town City Council were required to make a payment to the employer in order to secure employment for the day.
Employers are also prevented from requiring an employee or a prospective employee to purchase any goods from a business that the employer operates or from any other business or person nominated by the employer. Clauses preventing this potentially exploitative practice are found in many bargaining council collective agreements.
Clause 4 of the Bill seeks to prohibit and regulate the exploitation of children. Clause 4 prohibits work by children as an employee or independent contractor if the child is under the minimum school leaVing age or the age of 15 years. This amendment is required to achieve full compliance with South Africa's obligations under the relevant International Labour Standards as well as to create consistency with the Constitution and other legislation protecting the rights of children. In addition, the maximum prison term for breach of child labour provision is increased from three to six years.
Breach of this proposed provision is a criminal offence.
Sectoral determinations The powers of the Minister and the Employment Conditions Commission in respect of sectoral determinations are clarified and adjusted.
a sectoral determination may prescribe minimum increases in remuneration; and a sectoral determination may prescribe a threshold of representativeness for a registered trade union to have the organisational rights of access to employer premises and deduction of trade union subscriptions in respect of workplaces covered by the sectoral determination. Currently only a bargaining council agreement can include such a provision.
2.7 Functions of Labour Inspectors Clause 10 of the Bill amend the functions of the labour inspector by deleting the provision that provides for a labour inspector to secure undertakings and issue compliance orders when endeavoring to ensure compliance with an employment law. This is aligned with other employment laws.
2.8 Powers of Entry Clause 11 of the Bill seeks to provide for an interpreter, a member of the South African Police or any other assistant to accompany the labour inspector when performing his or her functions under this Act. The need for labour inspectors to be accompanied by members of the Police stems from certain incidents that the inspectors are threatened and physically assaulted and refused entry to premises to execute their mandate. In ensuring good communication between labour inspectors and employers during inspections, there is a need for interpreters to accompany the inspectors to overcome language barriers.
2.9 Repeal of sections 68; 69; 70; 71; 72 and 73 Clause 12 of the Bill seeks repeal certain sections of the Act to address the delay caused by issuing of undertakings and compliance orders by inspectors. It has been identified that the employers are abusing these provisions and use them as delaying tactics.
2.10 Joinder of BCEA claims with unfair dismissal cases The jurisdiction of the Labour Court and the CCMA to adjudicate on matter arising from the provisions of the Act in the course of hearing an unfair dismissal case is extended to cover a claim for an amount owing to the employee under the Act if that claim has not prescribed. Once the Court or arbitrator has determined the matter, no compliance order or other proceedings can be continued or brought in respect of the claim. This will avoid the need to splif' claims and prevent the unnecessary duplication of proceedings and will also ensure the effective use of the resources of the Labour Court, CCMA and the Department.
2.11 Jurisdiction of Labour Court Clause 14 of the Bill seeks to amend sections 77(1) and 77(3) of the Act. Certain aspects of the jurisdiction of the Labour Court are repealed as the provisions relating to the Court's jurisdiction are to be consolidated in amendments to section 157 of the Labour Relations Act. The jurisdiction of the Labour Court to review administrative actions in terms of the Act is aligned with the Promotion of Administrative Justice Act, 2000 (Act NO.3 of 2000).
2.12 Penalties Clause 17 seeks to impose heavy pena.lties for offences and contravention of the provisions of this Act.
2.13 Repeal of section 95 Clause 18 seeks to repeal the transitional provisions in the Act which are no longer relevant.
5.1 The Department of Labour and the State Law Advisers are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1) (a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.338731112dEn.2012-02-10.en.txt</fn>
To provide for public employment services; to prOVide for the registration of private employment agencies; to provide for the establishment of the Employment Services Board; to provide for the establishment o~ Productivity South Africa; and to provide for transitional provisions; and to provide for matters connected therewith.
In this Act, unless the context otherwise indicates--"Basic Conditions of Employment Act" means the Basic of Employment Act, 1997 (Act No. 75 of 1997); "Commission II bears the same meaning ascribed to it in section 1 of the Basic Conditions of Employment Act; "Departmentll means the Department of Labour; IIDirector-General ll means the Director-General of the Department of Labour; IIEmploymentServicesBoardll meanstheEmploymentServicesBoardestablished by section 22. IIEmployee" means any person who is employed by or works for an employer and who receives or is entitled to receive a remuneration and who works under the direction or supervision of an employer; IIEmployer" means any person who, or any institution, organisation or organ of state, which, employs or provides work to an employee, directs or supervises the employee, remunerates or tacitly or expressly undertakes to remunerate such employee for services rendered; "independent contractor" means a person who works for or supplies services to a client or customer as part of that person's business, undertaking or professional practice; "Labour Relations Actll means the Labour Relations Act, 1995 (Act No.
"Minister" means the Minister of Labour; "NEDLAC" means the National Economic, Development and Labour Council established by section 2 of the National Economic Development and Labour Council Act, 1994 (Act No.
employment, a learning programme or community service; "Private Employment Agency" means any natural or juristic person who procures for or provides to an employer, other persons who render service or perform work for the employer; "public employment services" means the public employment services contemplated in section 5; "Public Finance Management Act" means the Public Finance Management Act, 1999 (Act NO.1 of 1999); "registrar" means the registrar contemplated in section 19 of this Act; "Sheltered Employment Factories" means sheltered employment factories established by section 8(1}; "Skills Development Act" means the Skills Development Act, 1998 (Act No. 97 of 1998); "this Act" includes regulations; "work seeker" means any person, and includes a legal foreign worker, who is unemployed and is looking for work; "youth" means any person who is between the ages of 15 and 35 years.
promote employment growth and workplace productivity.
providing a regulatory framework for the operation of private employment agencies, registration of vacancies, employment of qualifying foreign workers and other related prescribed matters.
South Africa's obligations in terms of any relevant international labour standard.
maintains labour centres at which members of the public are able to access the public employment services provided for in terms of this Act.
facilitate the exchange of information among labour market participants including employers, workers and work seekers, private employment agencies, Sector Education and Training Authorities and training providers; and generally, perform any other function in terms of an employment law or prescribed in terms of this Act.
assessment of work-seekers to determine sUitability; and other related life skills to secure employment.
The Minister may establish work schemes for the employment of youth who are unemployed.
The employment of youth in terms of a scheme established under this section is subject to any terms and conditions that the Minister may determine on the recommendation of the Commission.
Chapters eight and nine of the Basic Conditions of Employment Act apply, with the changes required by the context, to a determination made in terms of subsection (2): Provided that for the purposes of section 54(3) of that Act, the Commission must also consider the likely impact that any proposed condition of employment may have on the employment of youth and the achievement of the purposes of this Act; and section 55(7) of that Act does not apply.
The Minister may prescribe any incentive, including a subsidy, that my be provided to employers in terms of the scheme contemplated in subsection (1); and the period for which a youth may be employed in terms of such scheme.
A regulation made in terms of subsection (4) must be made in consultation with the Minister of Finance.
The employment of youth in terms of the scheme terminates at the expiry of the period contemplated in subsection (4)(b).
The Sheltered Employment Factories are hereby established to promote the employment of persons with disabilities.
facilitate on-tile-job training for disabled people, leading to qualifications and competencies that enable access to jobs and income generation capability in the labour market in accordance with the Skills Development Act, 1998 (Act No.
rema.in flexible and adaptable to meet the changing needs of people with disabilities in a changing economy.
The Director-General is the accounting authority of the Sheltered Employment Factories and must ensure that they are managed in a viable and sustainable manner; and in accordance with the Public Finance Management Act.
The Minister may, on the recommendation of the Employment Commission, determine the terms and conditions of persons with disabilities employed in Sheltered Employment Factories.
Chapters eight and nine of the Basic Conditions of Employment Act apply, with the changes required by the context, to a determination made in terms of subsection (4): Provided that for the purposes of section 54(3) of that Act, the Commission must also consider the likely impact that any proposed condition of employment may have on the employment of persons with disabilities and the achievement of the purposes of this Act; and section 55(7) of that Act does not apply.
The Minister may fund bodies or organisations that have similar objectives as Sheltered Employment Factories.
Employment of a foreign worker may not compromise the South African citizen's opportunity for employment, employment conditions, economic development or social stability.
An employer must not employ a foreign national within the territory of the Republic of South Africa prior to such foreigner producing the applicable and valid work permit, issued in terms of the Immigration Act, 2002 (Act NO.13 of 2002).
The Minister may publish in the Gazette every second year categories of work within which foreign nationals may be employed.
submit reasons to the Director-General, within 14 days of appointment of a foreign national, as to why the employer cannot employ amongst the persons with relevant profiles referred to them by the Department; and provide proof to the Director-General that they have tested the local labour market through recruitment campaigns.
An employer must submit a detailed skills transfer plan when employing a foreign national in scarce skills categories published by the Minister of Home Affairs in terms of the Immigration Act.
dismiss or layoff a South African citizen as a result of having employed a foreign worker; or exert coercion, threat, or any other illegal means upon the employed foreign worker to enforce him or her to engage in work contrary to his or her free will.
Employers must notify the Department of any vacancy or new position in their establishment within 14 working days after the position became vacant or was created.
Department of vacancies or new positions in their establishment.
An employer must notify the Director-General of the filling of any vacancy within 14 days of such an appointment.
employers details; and m employment trends in the country.
The Department may co-operate with other state institutions to link their information-bases.
persons who are currently in such programmes; and courses offered by them.
money generated from the registration and licensing of private employment agencies; and grants and donations made for this purpose to the Department.
private employment agencies for specific and or specialised projects; or any other project that the Minister may decide upon, that is promoting public employment services or is consistent with the objects of this Act.
The Minister may prescribe the criteria for the registration and licensing of private employment agencies.
The Minister must designate an official of the Department as the registrar of private employment agencies.
A person may not operate a private employment agency, except in terms of a licence issued by the registrar in terms of this Act.
A person may apply to the registrar in the prescribed form and manner for registration of a private employment agency.
The registrar must, within 60 days of the application, issue a private employment agency with a licence if the application is successful.
The registrar must maintain in electronic form a register of private employment agencies that have been registered in terms of this Act.
The private employment agency must display the licence in a conspicuous place on its premises.
offering other related life skills to secure employment.
retain the identity documents or qualification certificates of work seekers.
A private employment agency must not charge a fee to any work seeker for providing employment services to that work seeker.
A private employment agency may not charge a fee to any worker using its services for matching offers of and applications for employment.
A private employment agency may only charge a fee to an employer.
An employer must not deduct any amount from the remuneration of an employee or require or permit an employee to pay any amount in respect of the placement of that employee with the employer.
Any agreement concluded with an employee that is in breach of this section is invalid and of no force and effect.
The Commission for Conciliation, Mediation and Arbitration established in terms of section 112 of the Labour Relations Act, 1995 (Act No.
or a bargaining council having jurisdiction may conciliate and arbitrate any dispute concerning the application of this section.
work seekers that have been placed in employment; and particulars of the employer where the work seeker was placed.
The records contemplated in subsection (1) must be retained for a minimum period of five years.
The processing of personal information of work seekers by a private employment agency must be done in a manner that protects this information and ensures respect for the person's privacy; and be limited to matters related to the qualifications and professional experience of the worker concerned and any other relevant information.
A private employment agency may provide information to a prospective employer concerning a work seeker, in accordance with subsection (1); and must provide information to the Department as requested by it, with due regard to the confidential nature of such information.
The registrar may withdraw a licence issued to a private employment agency for failure to comply with prescribed procedures or contravention of any provision of this Act.
consider any representations received; and notify the employment agency of the decision.
If the licence is withdrawn, the registrar must remove the name of such private employment agency from the register of private employment agencies.
Any person aggrieved by the decision of the registrar to refuse to issue, or to withdraw a licence, may apply for a review to the Labour Court against that decision within 30 days of the date of the registrar's decision.
The Labour Court may, on good cause shown, extend the period within which a person may lodge the application for review.
The Employment Services Board is hereby established.
For the purpose of this chapter "Board" means the Employment Services Board.
The Minister may in the same manner as a member of the Board was appointed in terms of subsection (1), appoint an alternate member for each member of the Board.
An alternate member may in the absence of a member of the Board from a meeting of the Board, attend such meeting on behalf of such member and the alternate member is deemed to be a member of that meeting.
A member of the Board may be appointed for a term of up to four years; and may be reappointed only for a maximum of two terms.
The Director-General must designate a person in the employ of the Department to be an ex-officio member of the Board.
The Board must liaise with the Department and other relevant bodies as regards the employment services.
The Board must, as soon as possible after the appointment of its members and subject to the approval of the Minister, adopt a constitution.
subject to subsections (4) and (5), a procedure for amending the constitution; and any other matter necessary for the performance of the functions of the Board.
At least 30 days notice must be given for a meeting of the Board at which an amendment of the constitution or a regulation to be made is to be considered.
A supporting vote of at least two thirds of the members of the Board and the approval of the Minister is required for an amendment to its constitution.
The Director-General must provide the necessary resources and secretariat to enable the Board to fulfil its functions.
A member of the Board who is not in full-time employment of the State may be paid such an allowance for travel and subsistence as may be determined by the Minister after consultation with the Minister of Finance.
The allowance determined under subsection (1) may differ according to the office held, or the functions performed, by a member.
Productivity South Africa is hereby established as a juristic person to promote employment growth and productivity.
Productivity South Africa must be managed in accordance with the Public Finance Management Act.
Productivity South Africa acts through its Board.
For the purpose of this chapter, Board means Productivity South Africa Board established by section 29.
to support initiatives aimed at preventing job losses; and to perform any other prescribed function.
two members nominated by NEDLAC to represent organised business; and two members to represent the government.
The Board is responsible for the management and control of the affairs of Productivity South Africa.
The members of the Board hold office for a period of five years and are eligible for reappointment upon expiry of their terms of office, but may not serve for more than two consecutive terms of office.
Establishment and composition of Productivity South Africa Board 26 29. (1) Productivity South Africa Board is hereby established.
The Board must, as soon as possible after the appointment of its members, prepare and adopt a constitution, subject to the approval of the Minister.
the appointment of an executive officer and such other employees necessary for the effective performance of the functions of Productivity South Africa by the Board, including the determination of their terms and conditions of employment; and any other matter necessary for the effective performance of the functions of Productivity South Africa.
Members of the Board must receive such remuneration and allowances as the Minister may determine in consultation with the Minister of Finance.
grants or donations made to it; and money received from any other source.
Court has exclusive jurisdiction in respect of all matters arising from this Act.
The Labour Court may review any act or omission of any person in connection with this Act on any grounds permissible in law.
If proceedings concerning any matter arising from this Act are instituted in a court that does not have jurisdiction in respect of that matter, that court may at any stage during proceedings refer the matter to the Labour Court.
Chapter 10 and Schedule II of the Basic Conditions of Employment Act apply with changes required by the context to the monitoring and enforcement of this Act; and any legal proceedings concerning a contravention of this Act.
obstruct or attempt to influence improperly a person who is performing a function in terms of this Act.
detain the work seeker's identity cards or qualifications as contemplated in subsection 16(2)(d).
Penalties in respect of the offences contemplated in section 35 are contained in Schedule 3.
The Minister must review fines contemplated in Schedule 3 every second year and publish a notice to this effect in the Gazette.
The Minister may delegate to the Director-General any power or duty conferred or imposed on the Minister in terms of this Act, except a power to make regulations.
The Director-General may delegate to an officer of the Department any power or duty conferred to the Director General in terms of this Act.
Any person to whom any power or duty has been delegated in terms of subsection (1) and (2) must exercise that power or perform that duty subject to the conditions tllat the person who made the delegations considers necessary.
does not prevent the person who made the delegations from exercising the power or performing the duty so delegated; and may at any time be withdrawn in writing by that person.
the procedure for considering the withdrawal of the licence of a private employment agency; and any other matter relating to employment services.
The Minister may, after consulting Productivity South Africa Board, make regulations regarding any improvements in workplace productivity and competitiveness which is necessary or expedient to enable the Board to perform its functions under this Act.
The laws specified in Schedule 1 is repealed to the extent specified in that Schedule.
The repeal of those sections is subject to the transitional provisions in Schedule 2.
This Act is called the Employment Services Act, 2010 and comes into operation on a date determined by the President by proclamation in the Gazette.
Act No. 97 of 1998 Skills Development Act, 1998 1. The deletion of the definition of "employment services".
Sections 2(1)(g) and (h), 2(2)(a)(v), (vi) and (xii), 5(4) in so far as it relates to Productivity South Africa, 22(1), 23(1)(a) and (d), (2) and (3), 24, 25, 26, 26K,26L, 26M, 26N, 32(1) and (2), 33, 36(a), (0), (p) and (q).
Item 7 of Schedule 2A and Schedule 4.
Any other provisions in so far as it relates to "employment services" or Productivity South Africa, as established by section 26K.
In this chapter "Skills Development Act" means the Skills Development Act, 1998, (Act NO.
section 26K of the Skills Development Act; "Service Product Factories" means 12 Service Product Factories established in 1948 employing people with disabilities and have for years continued to receive subsidies from the Department of Labour.
Development Act remains in force until repealed by this Act.
Anything done under the repealed provisions of the Skills Development Act relating to Productivity South Africa is deemed to have been done in terms of this Act.
All assets, rights, liabilities and obligations of the Service Product Factories established by Cabinet in 1948 are transferred to Sheltered Employment Factories established in terms of section 8 of this Act, with effect from the date determined by the Minister by notice in the Gazette.
must register in terms of this Act.
Obtaining or attempt to obtain any prescribed document by means of fraud, false pretences or submitting a false or forged prescribed document.
APPLICABLE FINE Minimum of R15000.
retaining the identity documents or qualifications certificates of work seekers in terms of section 16(2)(d). R5OO0.
charge a fee to any individual work seeker for employment services provided in terms of section 17(1) and (2); Minimum of R15OO0.
deducting from any worker's remunerations or permit an employee to pay any amount for placement services in terms of section 17(4); Minimum of R15OO0.
failing to keep up to date records in terms of section 18; R50oo.
compromising the confidentiality of information in terms of section 19. R5ooo.
1.1 The Employment Services Bill (the Bill seeks to repeal all the employment services provisions and Productivity South Africa, currently contained in the Skills Development Act, 1998 (Act NO.9 of 1998), and the Labour Relations Act, 1995 (Act NO.66 off 1995), and to incorporate them in the Bill. The Bill furthermore aims to strengthen these provisions in the Bill?
1.2 The Bill will further assist and strengthen the Department's re-organisation and public employment services. The Department of Labour conducted a review of its programmes to determine its effectiveness and to make appropriate adjustments with the assistance of the International Labour Organisation (ILO). A comparative study was also conducted across Ministries of Labour / Labour and Social Affairs / Labour and Employment with similar characteristics and or countries having similar economic conditions with South Africa. The outcome of these discussions resulted in the Department prioritising the following three areas namely: Inspection and Enforcement Services, Labour Policy and Industrial Relations and Public Employment Services inclusive of Unemployment Insurance Fund and Compensation Fund. All these programmes are supported by the programme administration.
1.3 The Bill will contribute to the government's objectives for "More jobs, decent work and sustainable livelihoods". The Bill repositions public employment services to playa major role in employment promotion and employment preservation and will also assist employers and workers to adjust to changing labour market conditions.
employment growth and productivity promotion.
1.5 The strategic objectives will be achieved through institutional arrangements that the Department will further establish to provide free services to citizens such as registration of job seekers, registering of placement opportunities, matching services, referral to training, careers information. The private employment agencies could charge employers for providing similar services in accordance with regulations and ILO Conventions.
1.6 In addition, the Bill requires employers to register vacancies, requires the Minister to introduce schemes to promote employment or preserve employment for the unemployed; youth; people with disabilities; rehabilitation of workers injured on duty, retrenched and seasonal workers, work seekers and employees facing retrenchments.
1.7 The Minister can also introduce measures and subsidies to respond to work place closures and or economic recession, regulations to protect citizen's conditions of employment in case of employment of foreign workers. The Department will collaborate with a number of players and bodies already functioning within employment services to achieve its objectives.
2.1 Clause 1: Provides for definitions.
2.2 Clause 2: Outlines the key intentions of the Act and the kind of measures or institutional 'frameworks that will be used to achieve its purpose.
2.3 Clause 3: Provides for the interpretation of the Act to give effect to its purpose including other applicable international conventions on employment services.
2.4 Clause 4: Provides for the administration of the Act by the Director-General and offices under his/her accountability including agencies that could be licensed or receive transfers.
2.5 Clause 5: Provides for functions that the public employment services must provide to South African citizens free of charge. These functions include matching work-seekers with available work opportunities; registering work-seekers; registering job vacancies and other placement opportunities; facilitating the placement of work seekers with employers or in other placement opportunities; advising workers on access to social security benefits; providing specialized services to assist specific categories of work-seekers including youth, new entrants into the labour market, disabled persons and members of rural communities; facilitating the exchange of information among labour market participants including employers, work-seekers; careers counseling; assessment of work-seekers to determine sUitability and other related life skills necessary to secure employment.
2.6 Clause 6: Gives powers to the Minister to establish decent work schemes to promote youth employment. There is an obligation to consult with the Minister of Finance when related subsidy regulations are made.
2.7 Clause 7: Provides for the promotion of employment of persons with disabilities. Service Product Factories established in 1948, are given legal status and established anew as Sheltered Employment Factories under the Act. The factories mandate is also being expanded to facilitate on-the-job training for people with disabilities, to promote their access to formal and self employment. The factories are to be managed as viable and sustainable enterprises that must adapt to changing needs of people with disabilities.
The Minister is also given powers to allocate subsidies to bodies or organisations that have similar objectives as sheltered employment factories.
2.8 Clause 8: Gives the Minister, powers to establish employment promotion schemes to respond to economic recession, company closures and pending retrenchments or layoffs.
2.9 Clause 9: Protects South African citizen employment conditions and opportunities, economic development and social stability from being affected as result of employment of foreign workers. Procedures that employers must follow if they have to employ a foreign worker are also outlined including the consequences for not complying or abusing foreign qualifying workers.
2.10 Clause 10: Provides for the reporting and registration of existing or new vacancies by employers with the Public Employment Services, the employment of people referred by the Public Employment Services.
2.11 Clause 11: Provides for the type of statistical information that the Department may collect to inform policy makers regarding developments in the Labour Market.
2.12 Clause 12: Provides for the kind of information that the Public Employment Services may collect form skills development and education and training institutions in order to assist in the referral of work seekers for further learning.
2.13 Clause 13: Provides for sources of funding that could be utilised to mobilise resources to create employment; to promote re-integration of retrenched or workers who lost their employment as a result of injuries or illness; and to preserve employment.
2.14 Clause 14: Provides for the registration and licensing of any person or body who wants to operate as a private employment agency and the consequences for operating a business in this area without a license.
2.15 Clause 15: Provides functions that Private Employment agencies are to be licensed for.
2.16 Clause 16: Prohibits Private Employment Agencies from charging work seekers -any fees for services rendered.
2.17 Clauses 17 & 18: Provides for safeguarding of work seekers information and prohibits the abuse of such information.
Public Employment Services can withdraw Private Employment Agent license and the appeal process in case of dissatisfaction with the Registrar's decision.
Board, the advisory functions to the Minister that they must render and bodies that they can liaise in order to fulfill their functions.
2.20 Clauses 23 & 24: Provides for the composition of the Board, the nomination process of Board members and the constitution of the Board to govern its business.
Department to assist the Board to fulfill its functions and the remuneration of Board members.
2.22 Clause 27: Provides for the establishment anew of Productivity South Africa, established under the Skills Development Act of 1998 as Amended to promote growth and productivity.
Africa must address to govern its procedures and business.
2.26 Clause 32: Provides for the financing of Productivity South Africa through state grants, self funding and donations.
2.27 Clause 33: Provides for the Labour Court to have overall jurisdiction in so far as settling disputes that may arise in the implementation of this Act.
Act in accordance with Schedule two of the Basic Conditions of Employment Act.
2.29 Clauses 35 & 36: Provides for contraventions of the Act and applicable penalties.
2.30 Clause 37: Provides procedures that the Minister and the Director General must follow when delegating officials in the Department to pertorm functions outlined in the Act on their behalf.
Clause 38: Provides areas in which the Minister may make regulations to achieve the purpose of the Act.
The Schedule provides for repeal of certain sections in the Skills Development Act and the repeal of section 198 of the Labour Relations Act.
The schedule provides transitional provisions.
3.3 SCHEDULE 3 The schedule provides penalties in the form of fines that the Minister must review every second year and the applicable minimum prison terms that the courts may impose on offenders.
6.1 The State Law Advisers and the Department of . Labour are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 74 or 76 of the Constitution applies.
<fn>GOV-ZA.338En.2012-02-10.en.txt</fn>
Web address www.uwc.ac.
<fn>GOV-ZA.3394233En.2012-02-10.en.txt</fn>
Interested parties are invited to submit comments on two Cooperative Amendment Bills (Section 75 and Section 76), within a period of sixty (60) days from the date of this publication.
Telephone: 012 394 1608/31 Fax: 012 394 2608/31 mcronie@thedtLgov.
DR.
To amend the Co-operatives Act, 2005, so as to provide for the substitution and addition of certain definitions; to confirm alignment of this Act to the International Labour Organization ILO} Recommendation 193 of 2002 and the Co-operative statement of identity as adopted by the International Co-operative Alliance ICA} in 1995; including co-operative definition, values and principles; remove references to listed beneficiaries; to provide for tertiary co-operatives and co-operative apex organisation and their registration; to provide for the status of associate members of co-operatives; to make provision for the restrictions on functions of cooperatives; to regulate further the annual return relating to members a.nd record keeping; to substitute provisions relating to the reserve fund for members; to further regulate the audit of and financial reporting by co-operatives; to further regulate the dissolution and deregistration of co-operatives through the winding-up and judicial management processes; to provide for government responsibilities in respect of co-operatives; to provide for the substitution of the Co-operatives Advisory Board by Advisory Council; to provide for the establishment of the Cooperative Development Agency; to provide for the establishment of the National Cooperative Training Academy and Provincial Co-operative Training Academies; to provide for the Co-operative Tribunal; to provide for matters connected therewith; and to provide for the substitution of the Long title and the Preamble.
Amendment of section 1 of Act 14 of 2005 1. Section 1 of Co-operatives Act, 2005 (hereinafter referred to as the principal Act), is hereby amended by a) the substitution for the definition of 11Advisory Board .. of the following definition: n Advisory [Board] Councn-means the Co-operatives Advisory [Board] Council established [by) in terms of section 85 of this Act;..
the insertion after the definition of .. Advisory Board..
'agricultural co-operative' means a co-operative that produces.
associate member means the person contemplated in section 14A:..
the insertion after the definition of .. audit of the following definitions: "'Board means the Board of the Agency established in terms of section 91G: 'category A.
'"Community development' means a set of values and practices which plays a special role in overcoming poverty and disadvantage. knitting society together at the grass root level. while developing the power. skills. knowledge and experience of people as individuals and in groups. thus enabling them to undertake initiatives of their own to combat social. economic. political and environmental problems. and enabling them to fully participate in a truly democratic process in line with the 7th Co-operative principle as outlined in the pre-amble".
the deletion of the definition of..
the insertion after the definition of "consumer co-operative" of the following definitions: "'Constitution' means the Constitution of the Republic of South Africa. 1996:"; "'Co-operative values' means values upon which co-operatives are based as outlined in the pre-amble".
"'Co-operative principles' means guidelines by which co-operatives put their values into practice as outlined in the pre-amble."
the insertion after the definition of .. Director-General.. of the following definition: dual co-operative means a co-operative that is partly a closed cooperative and partly an open co-operative:..
the insertion after the definition of "housing co-operative" of the following definition: "'juristic person' includes incorporated entities or other bodies that have legal personalities separate from their members".
the insertion after the definition of..
the insertion after the definition of "nominal value" of the following definitions: " 'open co-operative' means a co-operative that concludes transactions with both members and non-members of that co-operative; "'operational primary co-operative' means a primary co-operative that has held annual general meeting and has submitted its annual returns to the registrar in a financial year or more and is not liable for winding-up as outlined in section 728".
Public Finance Management Act' means the Public Finance Management Act 1999 (Act No. 1 of 1999);..
the substitution for the definition of "social co-operative..
the insertion after the definition of "social co-operative" of the following definitions: " 'special purpose vehicle' means the incorporated entity established in terms of legislation for the purposes of furthering the objects of this Act:..
the substitution for the definition of "surplus" of the following definition: '' 'surplus' means the economic result which emanates as a form of a surfeit of products or services overcharges arising from closed and counter transactions of a co-operative in a financial year.
the insertion after the definition of ..surplus.. of the following de·finition: 'target groups' means groups. in respect of category A and category B primary co-operatives. identified to receive beneficial support as determined by the Minister by notice in the Gazette:..
the substitution for the definition of ..tertiary co-operative..
the insertion after the definition of ''this Act.. of the following definitions: 'Tribunal' means the Co-operatives Tribunal established in terms of section 91 GG:..
the substitution for the definition of "worker co-operative .. of the following definition: " worker co-operative means a type of co-operative. in which the members pursue the objective of making best possible use of their labour by building up a jointly-owned and self-managed enterprise...
Amendment of section 2 of Act 14 of 2005 2.
11(g) ensure the design and implementation of the co-operative development support programmes by all the relevant agencies of national departments [including but not limited to Khula, NEF, NPI, SEDA, IDC, SAQI, SABS, CSIR, PIC, DBSA, SALGA and SETA's, and].
"Ul promote the establishment of public private partnerships as contemplated in the Public Finance Management Act. the Municipal Finance Management Act . 2003 (Act No. 56 of 2003): and the Treasury Regulations."
Amendment of section 3 of Act 14 of 2005 3.
two members.
three members.
cJ four members.
five or more members.
Voting rights in respect of any category C primary cooperatives. secondary or tertiary co-operative registered in terms of applicable legislation prior to the commencement of this Act. are regulated by the provision on voting rights contained in its constitution as it was immediately prior to the commencement of this Act.
The principles of coroorate governance applies to all cooperatives to which this Act is applicable.
Substitution of section 4 of Act 14 of 2005 4.
a tertiary co-operative[.
a co-operative apex organisation.
service co-operative. II.
Amendment of section 5 of Act 14 of 2005 5. Section 5 of the principal Act is hereby amended by the deletion of subsection (2).
Amendment of section 6 of Act 14 of 2005 6.
a minimum of two or more secondary co-operatives in the case of a tertiary co-operative[.
a minimum of three tertiary co-operatives in the case of a cooperative apex organisation.
the prescribed fee or proof of payment thereof[.
the business plan of the co-operative drafted in accordance with section 13(5). n.
Amendment of section 8 of Act 14 of 2005 7. Section 8 of the principal Act is hereby amended by the deletion in subsection (2) of paragraph (c).
Amendment of section 9 of Act 14 of 2005 8.
n (4) If a co-operative does not ratify the contract, the person who originally entered into the contract continues to be personally bound by the contract, unless the contract expressly provides otherwise.
Amendment of section 10 of Act 14 of 2005 9. Section 1 0 of the principal Act is hereby amended by a) the substitution for subsection (2) of the following subsection: 11 (2) A co-operative must have the [words] word a) "co-operative" or "co-op" as part of its name[;] and in respect of cooperatives registered after commencement of the Co-operatives Amendment Act.
[the word]..
11 (6) If the name of a [secondary or tertiary] co-operative indicates a restriction on the business that may be carried on by a cooperative, the constitution of that co-operative may not be amended to remove that restriction unless its name is also amended.
A co-operative may use a trademark name followed by the abbreviation "co-op" (Ltd)" if the constitution of the co-operative authorises the use of such trademark name.
Amendment of section 12 of Act 14 of 2005 10 Section 12 of the principal Act is hereby amended by a the substitution for the heading to section 12 of the following heading: .. Unlawful use of word 11CO-operative11 1..
"(b) use or authorise the use of the words co-operative", "co-op", Ltd. 11CO-operative limited11, 11CO-operative ltd11 as part of its name.
"(2) Any entity that violates the above will be subiect to a penalty to. be determined by the Minister by notice in the Gazette.".
Amendment of section 13 of Act 14 of 2005 11.
(1) A co-operative registered in terms of this Act must [adopt] have a constitution that complies with section 14.
Secondary and tertiary co-operatives must [adopt] have a constitution that complies with sections 14 and 16.
(a) Every emerging co-operative must submit its constitution. business plan and the prescribed forms in the prescribed format to the registrar for registration.
After registration of the constitution in accordance with this Act the business plan of the co-operative concerned must be forwarded to the Agency for evaluation and the provision of support so as to facilitate the implementation thereof as contemplated in Chapter 12A or to the Directorate Co-operatives as may be determined by the Minister.
Amendment of section 14 of Act 14 of 2005 12. Section 14 of the principal Act is hereby amended by a the substitution for the heading of the following heading: .. Minimum requirements for all co-operative constitutions..
11 (bA) whether it is an open co-operative.
(e) a provision stipulating [that each member has one vote in all meetings of the co-operative except in the case of secondary or tertiary co-operatives] the voting rights of each member.
11 (/A) a provision relating to the extension of the period for the repayment of the nominal value of membership shares in the event of the death of a member:..
(j) provision for the settlement of disputes between members of the cooperative, [or] between a member of the co-operative and the cooperative itself or between the co-operative and other role players.
Insertion of section 14A in Act 14 of 2005 13.
14A. (1) The constitution of a co-operative may provide for persons(aJ who want to provide support to the co-operative without becoming members of the co-operative.
who may benefit from a co-operative without becoming members of the cooperative. to be appointed as associate members.
Associate membership is temporary for a period of 12 months.
{b their associate membership may be renewed on approval by the members of the co-operative.
Co-operatives that have associate members must indicate in their financial reporting system the full members of the co-operative and associate members.
Associate members do not have any voting rights.
Insertion of section 15A in Act 14 of 2005 14.
Categories of primary co-operatives 15A.
category C primary which is a medium to large co-operative that has annual revenue or proiected annual revenue of a large size with a minimum of five members.
The Minister must determine the monetary threshold applicable to each size of the annual revenue per category of the primary co-operative.
Amendment of section 16 of Act 14 of 2005 15. Section 16 of the principal Act is hereby amended by the deletion of subsection (1).
Insertion of sections 16A and 168 in Act 14 of 2005 16.
liaise with and provide advice to government in relation to co-operatives.
advocate. engage organs of state. the private sector and stakeholders and to voluntarily join a co-operative apex organisation on behalf of its mernbers.
Every tertiary co-operative must comply with the provisions of this Act.
assist its members in order to improve their effectiveness.
promote the interests of its members. whenever there are dealings and required engagements that affect co-operatives. with civil society. organs of state and the private sector through advocacy.
provide legal and other related services to its members.
(a) Three or more tertiary co-operatives sharing similar objectives may form a co-operative apex organisation.
liaise with and provide advice to government. . the private sector and civil society.
A co-operative apex organisation must comply with the provisions of this Act.
In the event where there are no existing tertiary co-operatives. a secondary co-operative may join the co-operative apex organisation.
A co-operative apex organisation may establish relations with other co-operative organisations at national and international level.
cJ set up a solidarity fund after consultation with its members and subject to proper financial prerequisites.
play an advocacy role by activism. lobbying and promoting the interests of its members. to civil society.
iJ advise its members on developments. both nationally and internationally. relating to or impacting on.
Amendment of section 19 of Act 14 of 2005 17. Section 19 of the principal Act is hereby amended by a the substitution for the heading of the following heading: Restrictions on functions of co-operatives..
(3) Subject to subsections (1) and (2). a co-operative must indicate all business transactions concluded with non-mernbers in the cooperative's financial statements.
Any co-operative or director of a co-operative which contravenes the provisions of subsection (1) or (2) will be subject to a fine to be determined by the Minister.
Amendment of section 21 of Act 14 of 2005 18. Section 21 of the principal Act is hereby amended by-.
11 (CA) the minutes of meetings of the supervisory committee in a minute book:..
11f} a register of directors interests in contracts or undertakings, envisaged in section [38] 37;..
(2) Every co-operative must retain its accounting records for a period of seven years after the end of the financial year to which they relate. after which period such records must be archived for historical purposes as prescribed by the Minister by notice in the Gazette.
Amendment of section 22 of Act 14 of 2005 19.
(4) (a) An inspector appointed by the registrar or the Tribunal as contemplated in this Act may. in accordance with this Act and national legislation that regulates access to information. examine the records of a co-operative during the normal business hours of that co-operative.
Members of the Board of directors of a co-operative who fail to disclose information or provide access to the records of the co-operative. to the inspector referred to in paragraph (a) will be subject to a penalty to be determined by the Minister.
Amendment of section 23 of Act 14 of 2005 20.
"(2) In instances where members do not hold shares. members are excluded from liability".
Amendment of section 24 of Act 14 of 2005 21.
11 (1) Despite any provisions contained in its constitution, if a cooperative determines that the repayment of membership shares would adversely affect its financial well-being, the co-operative may direct that the repayment be deferred for a period not exceeding two years after the effective date of the notice of withdrawal.
Substitution of section 25 of Act 14 of 2005 22.
Ql any interest accrued on those amounts up to the date of the paymentJ.
would adversely affect its financial well-being, the co-operative may direct that repayment. after the death of a member of the co-operative. may be deferred for a period not exceeding [two years after the date of death of a member of the cooperative] the period as determined in the constitution of the co-operative.
Insertion of section 26A in Act 14 of 2005 23.
Annual return relating to members 26A. The Minister must.
the form.
the annual fees payable by co-operatives based on the categories of cooperatives.
Amendment of section 27 of Act 14 of 2005 24.
may be established for every co-operative if the constitution of the co-operative concerned provides for such committee.'
is responsible for supervising the board of directors.
bJ must. if a fair and reasonable suspicion exists that any act or omission by the board of directors may impact negatively on the cooperative or a member or members thereof.
cJ must.
inform the board of directors and the member affected or concerned of its decision and reasons for the decision.
If a member suspects that the supervisory committee has not complied with subsection (4)(cJ. such member may report the matter to the Tribunal.
Amendment of section 28 of Act 14 of 2005 25.
''(3) At any time. a member of a co-operative may appoint another member of the co-operative as a proxy to participate in and vote at. a general or special meeting on behalf of the member concerned: Provided that the member may not appoint more than one proxy to exercise voting rights.
A proxy appointmentaJ must be in writing.
any longer or shorter period expressly set out in the appointment. unless it is revoked by the member concerned.
The number of proxies that a member may carry on behalf of another member or other members as contemplated in subsection (3). may not exceed five percent of the total membership of the co-operative concerned.
Substitution of heading to Chapter 5 of Act 14 of 2005 26. The following heading is hereby substituted for the heading to Chapter 5 of the principal Act: "[MANAGEMENT] GOVERNANCE OF CO-OPERATIVES".
Amendment of section 32 of Act 14 of 2005 27.
The board of directors must be elected for such [period] term as [may] must be set out in the constitution of the co-operative, which [period] term may not be more than four years[.]: Provided that the manner for rotation of directors is stioulated in the constitution of the co-operative.
All other issues relating to the Board. must be determined by the constitution of the co-operative.
called by at least 25 percent of members where such co-operative does not have a supervisory committee. dissolve the board of directors if such members find that the board is dysfunctional or has acted contrary to any law.
Amendment of section 36 of Act 14 of 2005 28.
"(4) Delegation of a function by a member of the board does not divest or relieve the board member from any liability in respect of delegated functions."
Amendment of section 38 of Act 14 of 2005 29.
(1) A director [or]J.
(2) A director. manager or employee who contravenes [a provision of] subsection (1) is guilty of an offence.
Amendment of section 39 of Act 14 of 2005 30. Section 39 of the principal Act is hereby amended by the addition of the following subsection: 11 (4) The Minister must. by notice in the Gazette.
Amendment of section 41 of Act 14 of 2005 31.
11 (3) The constitution may permit additional membership shares to be issued to members.
All membership shares issued must be of the same class and ranking.
Interest on membership shares is only payable on membership shares, or that portion of membership shares, that are paid up..
Amendment of section 44 of Act 14 of 2005 32.
A co-operative may provide in its constitution that the whole or a part, of the patronage proportion of a member, determined by the board in respect of a financial year, must be applied to purchase membership shares in [a] the co-operative for the member.
Substitution of section 46 of Act 14 of 2005 33.
A co-operative must set aside reserves that are indivisible amongst its members.
Every co-operative must retain at least five percent of the surplus during a financial year in its reserves.
If a co-operative retains an amount that is equivalent to 5% of its gross assets in its reserves. subsection (2) does not apply.
The MinisteraJ must. by notice in the Gazette.
the purposes for which the reserves or parts thereof.
the manner in which a co-operative must report on the purposes for which the reserves or parts thereof.
may determine different purposes and different criteria for disbursements for category A. category B and category C primary co-operatives. secondary cooperatives. tertiary co-operatives and co-operative apex organisations.
Substitution of section 47 of Act 14 of 2005 34.
Every co-operative must conduct an annual audit of its affairs in respect of each financial year.
all other co-operatives.
within three months after the commencement of this Act. publish the notice contemplated in paragraph (a).
Substitution of section 48 of Act 14 of 2005 35.
[A] Every co-operative [may must circulate draft financial statements to all its members at least two weeks prior to an annual general meeting.
The annual general meeting must consider approval ofl. discuss. express an opinion on. and accept or reject the auditors report and financial statements.
The chairperson of the board or the person who acted as such in a meeting where&.!
an opinion was expressed on such report and statements: and (cJ such report and statements were accepted, must [sign) countersign the auditors report and financial statements to confirm [their approval] that they have been discussed and accepted or rejected as contemplated in subsection (2).
are accompanied by [a report of the auditor] the auditor's report as contemplated in this section.
The auditors report and financial statements must be made available for inspection by any member of the co-operative at the registered office of the co-operative for at least 21 days after [approval] acceptance of such report and financial statements.
if for any reason the annual general meeting fails to [approve] accept the financial statements and auditors report, notify the registrar within 15 days of the reasons for such failure and of the action the co-operative intends to take in order to address the situation.
The registrar may. after receiving the financial statements. the auditor's report. the view expressed by the annual general meeting and the acceptance thereof. take appropriate steps as he or she may deem fit....
Amendment of section 49 of Act 14 of 2005 36. Section 49 of the principal Act is hereby amended by the insertion of the following paragraph after paragraph (a):..
satisfy fully the requirements for registration as an auditor_ v . contemplated in Chapter Ill of the Auditing Profession Act. 2005 (Act No.
act in accordance with the prescribed norms pertaining to the conduct and liability of registered auditors as contemplated in Chapter IV of the said Act.
Amendment of section 50 of Act 14 of 2005 as amended by section 90 of Act 40 of 2007 37.
(2A) If a co-operative fails to appoint an auditor in accordance with subsections (1) and (2).
"(5) An auditor of a co-operative ceases to hold office when the auditor [dies,] resigns or is removed in terms of section 51 or is struck from the roll of auditors in terms of the laws of the Republic.".
Amendment of section 53 of Act 14 of 2005 38.
(3) The auditor has the right of access at all times to all accounting records. books and documents of the co-operative. and is entitled to require from the directors or officers of the co-operative any information and explanations necessary for the performance of the auditors duties.
A co-operative. member, director. officer. employee. agent or mandatory who fails to comply with subsections (1) and (2) is guilty of an offence.
A director or officer of the co-operative who fails to comply with subsection (3) is guilty of an offence.
The auditor may apply to a court for an appropriate order to enforce the rights set out in subsections (1).
make any order that is just and reasonable to prevent frustration of the auditors duties by the co-operative or any of its directors.
make an order of costs personally against any director or officer whom the court has found to have wilfully and knowingly frustrated or attempted to frustrate. the performance of the auditors functions:.
Amendment of section 54 of Act 14 of 2005 39.
@_ inform the board of directors accordingly.
Repeal of section 55 of Act 14 of 2005 40. Section 55 of the principal Act is hereby repealed.
Amendment of section 56 of Act 14 of 2005 41.
(c) if any membership share of an amalgamating co-operative is not to be converted into membership shares or other securities of the amalgamated co-operative, the amount of money that the holders of those membership shares are to receive in addition to or instead of shares of the amalgamated co-operative;''.
Amendment of section 60 of Act 14 of 2005 42.
" (4) After the members of the co-operative have approved the division, the constitutions of the co-operatives to be constituted by the division must be submitted to the registrar for approval together with a notice of their registered officesl. [and] a notice of the directors of the co-operatives in question and the prescribed fee.".
Amendment of section 62 of Act 14 of 2005 43.
the substitution in subsection (1) for paragraph (a) of the following paragraph:..
into a company as contemplated in the Companies Act.
(Act No. 71 of 2008).
into any form of corporate or unincorporated body other than a co-operative or a company.
that the interests of creditors will be protected in accordance with section 64.
remove its name from the register of co-operatives[.
register another kind of co-operative.
Repeal of section 63 of Act 14 of 2005 44.
Section 63 of the principal Act is hereby repealed.
no creditor will be prejudiced by the amalgamation, division[,] or conversion [or transfer.
It is an offence for any director to make a false declaration in terms of this section.
Amendment of section 66 of Act 14 of 2005 46.
(3) A company may instead of a document referred to in subsection (2)(e) give the registrar an undertaking in writing that if it is converted into a co-operative it will, within one year of its conversion, replace its [memorandum and articles of association] memorandum of incorporation with a constitution in terms of this Act or will otherwise amend its [memorandum and articles of association] memorandum of incorporation so as to bring [them] !1 into line with the provisions of this Act.
Amendment of section 67 of Act 14 of 2005 47.
"(4) One copy of the certificate and of the [memorandum and articles of association] memorandum of incorporation or new constitution, as the case may be, must be sent to the applicant and the other copy must be retained within the office of the registrar.".
Amendment of section 68 of Act 14 of 2005 48.
"(f) the constitution or the [memorandum and articles of association] memorandum of incorporation, as the case may be, bind the cooperative and each member to the same extent as if it had been signed by each member, subject to this Act.".
Insertion of section 70A in Chapter 9 of Act 14 of 2005 49.
70A. In this Chapter. unless the context otherwise indicates'contribution' means a contribution made by a contributory in terms of a contribution account towards the payment of the debt of the co-operative or any portion thereof: 'contribution account means an account contemplated in item 44 of Schedule 1 A to the Act: 'contributory means any person liable to contribute to the assets or debts of the co-operative or any portion thereof in the event of the co-operative being wind up: 'disposition', in relation to property. means any transfer or waiver of a right to property and includes a sale. donation. exchange, lease. hypothecation or pledge of property. and 'dispose shall have a corresponding meaning: 'distribution account' means an account contemplated in item 42 of Schedule 1A to the Act: 'liquidation account' means an account contemplated in item 35 of Schedule 1A to the Act: 'liquidator. in relation to a co-operative being wound up. means a person appointed under sub-item (1) of item 13 of Schedule 1A to the Act to carry out the winding-up of the co-operative and includes a provisional liquidator contemplated in sub-item (2) of Schedule 1 A: 'security. in relation to a creditor's claim. means property over which the creditor has a preferent right for the payment of his or her claim: and 'trading account means an account contemplated in item 41 of Schedule 1 A to the Act.
Substitution of section 71 of Act 14 of 2005 50.
by an order of the registrar or Tribunal under section 728.''.
Insertion of section 71 A in Act 14 of 2005 51.
71A. A co-operative may be wound up voluntarily by special resolution of its fu II members.
Substitution of section 72 of Act 14 of 2005 52.
A High Court may on application by any interested person order that a co-operative be wound up if it appears to the court that it is just and equitable that the co-operative must be wound up.
The court considering an application in terms of subsection (1) may adjourn the hearing thereof conditionally or unconditionally or before granting or re-fusing such application. make any provisional or other order it may deem fit.
Insertion of sections 72A, 728 and 72C in Act 14 of 2005 53.
72A. The registrar may approach the court for a declaratory order that the liquidation process is deemed to have been finalised by the registrar if the liquidator concerned has not complied fully with the provisions of the Act and Schedule 1A.
after an investigation. in respect of the co-operative concerned.
after receiving written affidavits from members of the co-operative or conducting an investigation. the registrar or Tribunal has reasonable knowledge that the co-operative does not carry out its objectives according to co-operative principles as required by this Act.
72C. Any matter related to the winding-up or deregistration of co-operatives contemplated in this Chapter must comply with the provisions of Schedule 1A.
Repeal of sections 73, 74,75 and 76 of Act 14 of 2005 54. Sections 73, 74, 75 and 76 of the principal Act are hereby repealed.
Substitution of section 77 of Act 14 of 2005 55.
In any matter relating to the functioning of a co-operative as identified by the Tribunal as having the potential to result in an order of provisional judicial management being issued in respect of such co-operative. the Tribunal must provide every forn1 of support that is within its mandate as is set out in Chapter 12C to the co-operative concerned.
In the event of the Tribunal not being able to transform the cooperative concerned into an operational co-operative. the provisions relating to judicial management as contained in Schedule 1 B apply.
The Minister may transfer any or all of the powers. functions and duties relating to judicial management as vested in the registrar in terms of this Chapter and Schedule 1 B to the Tribunal by notice in the Gazette if he or she is satisfied that the necessary capacity and administrative systems have been provided for by the Tribunal....
Amendment of section 79 of Act 14 of 2005 56.
11 (1) The Minister must determine a physical or a digital or other form of electronic seal of office for the registrar, which must be placed on the registration certificate of co-operatives and in so far as it may be required in terms of any provision of this Act or otherwise as prescribed, on any other document issued by the registrar in terms of this Act....
Substitution of section 81 of Act 14 of 2005 57.
Any documentation or information that a co-operative is required to submit to the registrar and any other functionary referred to in this Act must be submitted in such form and manner as may from time to time be prescribed.
Amendment of section 82 of Act 14 of 2005 58.
on receipt of information from a person examining a document as contemplated in subsection (1). that documents have not been submitted or that incorrect documents have been submitted. contrary to the provisions of this Act.
in the event that a particular document has not been submitted or an incorrect document has been submitted. take the necessary steps to ensure that the co-operative concerned submit or rectify the document concerned.
Substitution of section 84 of Act 14 of 2005 59.
is satisfied that circumstances exist which justify such an investigation or inspection.
@ may make any recommendation he or she considers appropriate following an investigation or inspection in terms of subsection (1), including a recommendation to[(a)]ill.
the Agency.
bJ]illD.
[(c)](iv) the relevant prosecuting authority.
A co-operative. member. director. officer. employee. agent or mandatory who fails to provide information to the registrar reguired for the investigation or inspection as contemplated in this section. is guilty of an offence.'.
Amendment of Chapter 12 of Act 14 of 2005 60. Chapter 12 of the principal Act is hereby amended by the substitution for the word 11 Advisory Board11 wherever it appears in this Chapter of the word .. Advisory Council...
Substitution of section 86 of Act 14 of 2005 61.
any matter referred to the Advisory Board Council by the Minister. the Agency. a co-operative, proposed co-operative or member of a co-operative that relates to promoting any matter pertaining to co-operatives. including but not limited to.
any decision the Minister is required to take in terms of this Act.
aJ must advise the Minister in respect of the Tribunal. the Cooperative Development Agency.
mechanisms that would promote the co-operative movement. II.
Substitution of section 87 of Act 14 of 2005 62. The following section is hereby substituted for section 87 of the principal Act:..
The Minister must appoint as members of the Advisory [Board] Council not less than five but not more than 1 0 persons [capable of] suitable for appointment and representing the interests of co-operatives in the Republic.
to represent different relevant constituencies including trade unions, business, co-operative support organisations. women. youth. disabled and academics.
The Minister must designate one of the members of the Advisory [Board] Cou neil as chairperson.
Insertion of Chapters 12A, 12B and 12C in Act 14 of 2005 63.
91A. 1 l The Co-operative Development Agency is hereby established as a juristic person.
The Agency must exercise its powers and perform its functions in accordance with this Act and any other relevant law.
The Agency is a Schedule 3 national public entity listed in terms of the Public Finance Management Act.
After consultation with the relevant authorities. the Agency must establish satellite branches in every province. metropolitan municipality and district municipality in accordance with this Chapter.
support.
provide business support services. which amongst others. include preregistration support. business plan development. mentorship and after-care to co-operatives.
provide access to information regarding all products.
{iJ raise awareness in connection with and research into any matter affecting the effective.
UJ refer information on co-operatives that the Agency has supported in accordance with paragraph (k). to the Tribunal in the event that such support was not successful.
91C. (1) The Agency.
governance.
promote. and provide support to co-operative apex organisations (only limited to non-financial support). tertiary co-operatives.
establish.
dJ establish partnerships with community development workers. community development practitioners. community based organisations.
eJ assist. and establish partnerships with. metropolitan municipalities. district municipalities.
fJ carry out. or cause to be carried out.
consider such recommendations.
conduct or cause to be conducted. such research as it may deem necessary or as requested by the Minister.
The Agency must fa participate in the activities of international bodies whose main purpose is to develop.
in consultation with the Minister. take any measure it considers necessary for the proper exercise of its powers.
where applicable. co-ordinate with other agencies in support of the cooperatives.
91 E. The Agency may a determine its own staff establishment and may appoint a managing director. subject to the approval of the Minister and employees in posts on the staff establishment on such conditions. including the remuneration and allowances.
in consultation with the Minister.
acquire. hire. maintain. let. sell or otherwise dispose of movable or immovable property for the effective and efficient exercise of its powers.
(0 enter into and decide upon the manner in which agreements must be entered into: fqJ obtain the services of any person. including any organ of state or institution.
institute or defend any legal action in its own name kJ develop its own policies and procedures to effectively perform its functions: and OJ generally do anything that is incidental to the performance or exercise of any of its functions or powers.
91 F. (1) The Agency must annually submit to the Minister fa) a report on the progress realised in respect of the implementation of its objectives. the exercise of its powers.
any report as may be requested by the Minister or the ministerial representative on the Board: in Parliament within 30 days after receipt thereof if Parliament is in session or if Parliament is not in session, within 30 days from the date of commencement of its nest session.
any other matter relating to co-operative development.
The Chief Directorate: Co-operatives in partnership with the Agency. must submit to the Minister a detailedaJ review report on the national status of the co-operatives.
major review report on the national status of the co-operatives' organised sector. once every 10 years.
· 91G.-(1-) There ·is hereby established a Board of the Agency.
The Board is responsible for the management and control of the affairs of the Agency.
The Board is the accounting authority of the Agency as contemplated in the Public Finance Management Act.
91 H. (1) The Board consists of not less than 1 0 but not more than 20 non-executive members. of which two members are executive directors. appointed by the Minister.
The Minister must appoint competent persons to effectively manage and guide the activities of the Agency based on their knowledge and experience.
When making the appointments. the Minister must take into consideration.
the need for the co-operatives organised sector. labour. civil society. government. business. youth. disabled persons.
any nominations received in terms of subsection (5).
The managing director of the Agency is an ex officio member of the Board without voting rights.
The Minister must invite nominations from members of the public for the appointment of the first Board of the Agency following the commencement of this Act.
Once the first Board has been appointed in terms of paragraph (a). before the Minister makes the appointment. the Agency must. by notice in the Gazette and in any national newspaper. invite nominations from members of the public.
The Minister may appoint an alternate member for every member of the Board and such an alternate member may attend and take part in all proceedings at any meeting of the Board whenever the member for whom he or she has been appointed as an alternate is absent from that meeting.
The provisions of sections 911 and 91 J apply. with the necessary changes. to alternate members.
This chairperson and the deputy chairperson are executive directors referred to in subsection (1).
The deputy chairperson must act as chairperson if the chairperson is absent or for any other reason unable to exercise his or her powers or perform his or her functions. in which case the deputy chairperson must exercise and perform such powers. and functions of the chairperson.
A member of the Board appointed in terms of section 91 H holds office for such a period as the Minister may determine at the time of his or her appointment. but not exceeding a three year term.
A member of the Board may be reappointed after the expiry of his or her term. but may not serve more than two consecutive terms of office.
Notwithstanding subsection (1). subject to the Promotion of Administrative Justice Act. 2000 (Act No. 3 of 2000). the Minister may. by notice in the Gazette and after consultation with the Board.
if the member. either through illness or for any other reasons.
if the member whilst holding office. has failed to comply with or contravened. any law regulating the conduct of members. including any applicable Code.
Subject to the Promotion of Administrative of Justice Act. 2000 (Act No. 3 of 2000). the Minister may dissolve the Board if the Board fails to perform its functions efficiently and effectively.
When the Minister dissolves the Board in terms of subsection (4). the Minister must appoint an interim body for the continued governance and control of the affairs of the Agency on such conditions as the Minister may determine. until a new Board is appointed in terms of paragraph (b).
The Minister must appoint new members of the Board in terms of section 91 G within three months of the dissolution of the Board.
within the previous 1 0 years has been or is convicted in the Republic or elsewhere of theft. fraud. forgery or uttering a forged document. perjury. an offence under the Prevention and Combating of Corrupt Activities Act. 2004 (Act No. 12 of 2004), an offence under the Financial Intelligence Centre Act. 2001 (Act No. 38 of 2001).
has been convicted of any offence committed after the Constitution of the Republic of South Africa. 1993 (Act No. 200 of 1993).
has. as a result of improper conduct. been removed from an office of trust.
The membership of a member of the Board ceases if he or she.
becomes disgualified in terms of subsection (1) from being appointed as a member of the Board: (bJ resigns by written notice addressed to the Board and the Minister: (cJ is declared by the High Court to be of unsound mind. mentally ill or is detained under the Mental Health Act. 1973 (Act No. 18 of 1973): (dJ has. without the leave of the Board. been absent from more than two consecutive meetings of the Board; or (eJ ceases to be permanently resident in the Republic.
(a) If a member of the Board dies or vacates his or her office before the expiration of his or her term of office. the Minister must appoint a person to fill the vacancy for the unexpired period for which that member was appointed.
bJ Such appointment must be made within 60 days from the date on which the vacancy occurred.
91K. (1) The Board meets as often as circumstances reguire. but at least four times every year. at such time and place as the Board may determine.
The chairperson may at any time convene a special meeting of the Board at a time and place determined by the chairperson.
The chairperson must convene a special meeting of the Board within three weeks of receipt of the written reguest signed by not less than three members of the Board to convene such meeting. and the meeting must take place at a time and place determined by the chairperson.
A majority of the members of the Board constitutes a guorum at a meeting.
aJ Every member of the Board. including the chairperson. has one vote.
In the event of an eguality of votes. the chairperson of the meeting has a casting vote in addition to his or her deliberative vote.
91 L. (1) A decision of the majority of members present at a duly constituted meeting is a decision of the Board of the Agency.
bJ the fact that any person who did not qualify to sit as a member of the Board participated in the meeting at the time the decision was taken or the act was authorised. if the members who were present and acted at the time followed the required procedure for decisions.
91M. The Board.
Finance Management Act mustaJ provide effective. transparent.
provide information to the Advisory Council if so requested.
Department as his or her representatives to the Board.
represent the Minister as participating observers at meetings of the Board.
The Minister or his or her designated representative or representatives may at any time call or convene a meeting of the Board in order for the Board to give account for its actions.
aJ A ministerial representative must represent the Minister diligently at meetings of and with the Board. without consideration of personal interest or gain and must keep the Minister informed of what transpired at such meetings.
A ministerial representative must act in accordance with the instructions of the Minister and may be reimbursed by the Minister for expenses in connection with his or her duties as ministerial representative. but may not receive any additional compensation or salary for such duties.
91 0. {1 The Minister may at any time request the Board to investigate any matter at the Board's own cost or against full or partial payment.
The Minister may at any time investigate the affairs or financial status of the Agency and may recover from the Agency reasonable costs incurred as a result of the investigation.
91 P. (1) The Board must appoint a suitably gualified person as the managing director of the Agency.
complete a report on the activities of the Agency for each financial year in accordance with the Public Finance Management Act and submit the report to the board for approval.
The managing director must enter into a performance agreement with the Board on acceptance of his or her appointment.
the conseguences of.substandard performance.
The managing director holds office for an agreed term not exceeding five years and may be reappointed upon the expiry of that term of office for a total period not exceeding two consecutive terms.
aJ in consultation with the Board. appoint managers for the Agency which appointments must. at least.
@_ appoint other staff of the Agency to enable the Agency to perform its functions.
The Board. in consultation with the Minister and after consultation with the Minister of Finance. must approve the remuneration. allowances. benefits and other terms and conditions of appointment of all the members of staff of the Agency.
91 R. (1) The Board may delegate in writing. certain powers. except the power to prescribe rules to the committee of the Board. the managing director and any other employee of the Agency.
does not divest the Board of the delegated power.
The Board may confirm. vary or revoke any decision taken by a committee of the Board, the managing director or any other employee of the Agency as a result of a delegation in terms of subsection (1).
91 S. (1) The Board may establish committees to assist the Board in the performance of its functions and it may at any time dissolve or reconstitute any such committee.
aJ A committee consists of as many members as the Board considers necessary.
The Board. taking into account. amongst other factors. the need for transparency and representivity within the broader demographics of the South African population. may appoint any person as a member of a committee. on such terms and conditions as the Board may determine.
iil the member. either through illness or for any other reason.
the member has failed to comply with the code of conduct regulating the conduct of board members.
If the Board does not d~signate a chairperson for a committee the committee may elect a chairperson from among its members.
The Board must provide funding to its committees in such a way that the committees are able to perform their functions effectively.
Sections 91 K and 91 L relating to meetings and decisions of the Board. respectively. apply with the necessary changes required by the context in respect of any committee.
donations and contributions lawfully received by the Agency.
91 U. (1) The annual budget and strategic plan of the Agency must be submitted to the Minister in terms of the Public Finance Management Act.
91 V. The financial management of the Agency as well as the preparation and submission of financial statements and annual reports must comply with the provisions of the Public Finance Management Act.
aJ ensure that the Agency complies with this Act.
after consultation with the Agency.
eJ monitor and annually review the performance of the Agency.
91X. The Agency must provide the Minister or the ministerial representative with access to any information as may be reasonably requested.
91Z. (1) The National Co-operative Training Academy is hereby established.
The state must provide the necessary resources and facilities to enable the immediate establishment of the National Co-operative Training Academy by ensuring the availability of the funds for this purpose.
The National Co-operative Training Academy operates as a Entity according to the PFMA and shall have powers to establish its own policies and procedures to effectively perform its functions.
may issue higher diplomas and degrees to persons who have passed such examinations or tests: Provided that the legislation referred to in section 91 FF(2) has been complied with.
and the National Co-operative Training Academy must register as a higher education institution in terms of the Higher Education Act. 1997 <Act No. 101 of 1997.
must deliver learning contents to service providers through manuals or trainings: OJ must conduct research on co-operatives in partnership with higher education institutions; and {j must be the intellectual nerve centre in co-operative education and training.
The head office of the National Co-operative Training Academy must be established in the Province of Gauteng.
91 AA. (1) The National Co-operative Training Academy has an Education and Training Fund.
all moneys. which.
any other moneys accruing to the Education and Training Fund in terms of this Act or from any other source.
Chief Executive Officer.
Monies in the Education and Training Fund and money or other property donated or begueathed to the Education and Training Fund must be utilised to promote education and training under this Act.
The Chief Executive Officer may invest money in the Education and Training Fund. which is not required for immediate use. in such a manner as the Minister may approve with the concurrence of the Minister of Finance.
The end of the financial year of the Education and Training Fund is on the 31st of March in each year.
keep records of moneys received by and disbursements made from.
Education and Training Fund and of its assets.
at the end of each financial year, prepare annual financial statements reflecting moneys received by and disbursements made from. the Education and Training Fund and its assets and liabilities.
. . (c) The records and annual financial statements _must be audited annually by the Auditor-General in accordance with the applicable law.
State funding will be reduced annually during the first five years after the establishment of the National Co-operative Training Academy witll the view of it becoming self-sufficient.
State must establish systems that would ensure that funding after the five (5) year period contemplated in this subsection will be selfgenerated by the National Co-operative Training Academy.
cJ After a period of five years. the National Co-operative Training Academy must be fully owned and managed by the co-operatives' organised as a collective with objectives to facilitate. support. promote the development of co-operatives and their existence as an economic sector.
91 BB.
the Department of Agriculture.
other relevant stakeholders as may be identified by the Advisory Council.
Each Minister from the Departments mentioned in subsection {1 must designate an officer to be the member of the board of directors.
91 CC.
the Centre for Research. Consultancy and Publications.
The Centre for Co-operative Education must champion a national mass literacy and co-operative education campaign among emerging cooperatives in rural and urban areas.
otter junior and senior certificates. diplomas and undergraduate degrees: Provided that such certificates. diplomas and undergraduate degrees are accredited by the relevant accreditation body in accordance with relevant legislation and that the National Co-operative Training Academy is registered and collaborates with further education and training colleges or higher education institutions. as the case may be.
The Centre for Research.
The Information and Communication Technology Unit forms part of the Centre for Research.
support the use of modern technology in distance learning and extension services.
In addition to the centres established in terms of subsection (1). the National Co-operative Training Academy must in consultation with the relevant Member of the Executive Council and with the approval of the Department of Higher Education and Training. establish Provincial Co-operative Training Academies. with teachers. trainers and officers at provincial and district level to promote. represent and provide services on behalf of the National Co-operative Training Academy.
Every Provincial Co-operative Training Academy has its own Board which reports and is accountable. to the Board of the National Co-operative Training Academy.
91 DD.
managers for the Academy which appointments must. at least.
fc in consultation with the Minister. approve the remuneration. allowances.
The Board may appoint. in consultation with the chief executive officer. any other staff to further the objectives of the National Co-operative Training Academy.
91 EE. The chief executive officer must. at the end of each financial year. submit the annual report of the Auditor-General and the annual report of the National Co-operative Training Academy, compiled in accordance with the Public Finance. Management Act to the Minister and the Portfolio Committee on Trade and Industry for consideration.
91 FF. (1) The National Co-operative Training Academy may collaborate with any institution of higher learning. in the Republic or elsewhere. to achieve its objectives.
The accreditation and recognition of the National Co-operative Training Academy's qualifications must be done in accordance with the South African Qualifications Authority Act. 1995 (Act No. 58 of 1995). the Higher Education. 1997 (Act No. 101 of 1997). and the Education and Training Act. 1979 (Act No. 90 of 1979).
The Department must consult the Department of Higher Education and Training on all matters affecting the National Co-operative Training Academy and the Provincial Co-operative Training Academies.
91 GG.
is independent and subject to the Constitution of the Republic of South Africa. 1996. Promotion of Administrative Justice Act. 2000 (Act No.3 of 2000).
must exercise its powers and perform its functions impartially. without fear. favour or prejudice and in as transparent a manner as is appropriate having regard to the nature of the specific function.
Each organ of state must assist the Tribunal to maintain its independence and impartiality and to perform its functions effectively.
In exercising its powers and performing its functions. the Tribunal may{a have regard to international developments in the field of co-operative law: {b consult any person.
The Tribunal consists of a chairperson and not less than 10 other women and men appointed by the Minister. on a full or part-time basis.
91 HH. (1) The Minister must{aJ appoint the chairperson and other members of the Tribunal: and {b) appoint to fill any vacancy on the Tribunal.
A person rn.~.Y_.
{aJ appointed as chairperson or member of the Tribunal unless that person satisfies the requirements.
The Tribunal must comprise persons with suitable qualifications and experience in economics. law. co-operative industry or public affairs.
The deputy chairperson performs the functions of chairperson whenever{aJ the office of chairperson is vacant: or {bJ the chairperson is for any other reason temporarily unable to perform those functions.
{a adjudicate in relation to any application made in terms of this Act.
{b assist in respect to conflict or dispute resolution as directed by the Minister. requested or applied for by the Advisory Council. supervisory committee or member of a co-operative only after all internal conflict-resolution mechanisms have been exhausted. Provided that guidelines for development of internal conflict-resolution mechanisms will be published in the Government Gazette.
fdJ assist with respect to the process. reference and processing of the requested dissolution.
hJ refer matters pertaining to a co-operative that has been transferred to it by the Agency for judicial management in accordance with section 77 and Schedule 1 B.
91JJ. The Tribunal or member of the Tribunal acting in accordance with this Act. may not a Adjudicate on matters related to the Co-operative Banks Appeals Board or any other body with similar powers.
Receive matters referred to it by the Co-operative Banks Appeals Board or any other body with similar powers.
91 KK.
aJ may appoint any suitable employee of the Tribunal or any other suitable person employed by the state. as the case may be.
bJ must issue each inspector or investigator with a certificate in the prescribed form stating that the person has been appointed as an inspector or investigator in terms of this Act.
When an inspector or investigator performs any function of an inspector or investigator in terms of this Act.
requests to see the certificate.
91 LL.
(aJ must conduct its adjudication proceedings contemplated in this Act expeditiously and in accordance with the Promotion of Administrative Justice Act. 2000 (Act No.
bJ may conduct those proceedings informally at a place determined by the Tribunal.
If adjudication proceedings before the Tribunal are open to the public. the Tribunal may exclude members of the public or specific persons or categories of persons.
aJ if in the opinion of the Tribunal. the evidence to be presented is confidential information.
At the conclusion of adjudication proceedings. the presiding member must issue a decision together with written reasons for the decision.
91 MM. The following persons may participate in an adjudication hearing contemplated in this Chapter. in person or through a representative and may put questions to witnesses and inspect any books.
any other person who has a material interest in the hearing. unless that interest is adequately represented by another participant.
91 NN.
to produce any book.
91 OO. Subject to the requirements of the applicable sections of this Act. the Tribunal may determine any procedural matter for an adjudication hearing, with due regard to the circumstances of the case and in accordance with the Promotion of Administrative Justice Act. 2000 (Act No. 3 of 2000).
91PP. (1) Every person giving evidence before the Tribunal at an adjudication hearing must answer any relevant question subject to subsection (2).
The law regarding a witness privilege in a criminal case in a court of law applies equally to a person who provides information during an adjudication hearing.
During an adjudication hearing. the Tribunal may order a person to answer any question or to produce any article or document. subject to subsections (2).
91 QQ.(1) The Tribunal must constitute a Co-operative Conflict Resolution Commission as and when required. which must be dissolved at the discretion of the Tribunal.
The Commission must consist of not less than five members.
The chairperson of the Tribunal may refer any matter that has been submitted to the Tribunal. to the Commission for mediation and resolution if the chairperson is of the view that the interests of justice. the co-operative concerned and the members of the co-operative concerned would be served by such referral.
Any party who does not accept the finding of the Commission may. within a period of 30 days after such finding. request in writing that the matter and the finding be referred to the Tribunal for consideration and final decision.
Any party who does not accept the decision of the Tribunal may. within a period of 60 days after such decision. appeal to any Court.
91 RR. (1) The Tribunal. as well as an investigator. inspector or inspectorate as contemplated in section 91JJ. has the right of access at all times to all records. books and documents of the co-operative and is entitled to require from the directors or officers of the co-operative any information and explanations necessary for the performance of the Tribunal's. investigator's. inspector's or inspectorate's functions.
A co-operative. director or officer who fails to comply with subsection (1) is guilty of an offence.
91SS. (1) At any time during an investigation being conducted. the Tribunal or the Commission. as the case may be. may issue a summons to any person who is believed to be able to furnish any information on the subject of the investigation or to have possession or control of any book.
appear before the Tribunal. Commission. an inspector or investigator.
deliver or produce to the Tribunal. Commission. an inspector or investigator. any book. document or other object referred to in paragraph aJ. at a time and place specified in the summons.
must be signed by the Chairperson of the Tribunal or Commission. as the case may be.
may be served in the same manner as a subpoena in a criminal case issued by the magistrates' court.
An inspector or investigator before whom a person is summoned to appear or to whom a person is required to deliver any book. document or other object. mayaJ interrogate and administer an oath to or accept an affirmation from.
retain any such book. document or other object for examination. for a period not exceeding two months or such longer period as the court. on good cause shown. may allow.
A person questioned by the Tribunal. Commission. an inspector or investigator conducting an investigation must answer each question truthfully and to the best of that persons ability.
(bJ the person asking the questions must inform that person of the right set out in paragraph (a).
No self-incriminating answer given or statement made by any person to the Tribunal. Commission. an inspector or investigator exercising powers in terms of this Act will be admissible as evidence against that person in criminal proceedings against that person instituted in any court. except in criminal proceedings for pe(jury or in which that person is tried for an offence contemplated in section 92(2)(aJ and only to the extent that the answer or statement is relevant to prove the offence charged.
91TT. (1) A judge of the High Court or a magistrate may issue a warrant to enter and search any premises that are within the jurisdiction of that judge or magistrate. if. from information on oath or affirmation. there are reasonable grounds to believe that(aJ a contravention of this Act has taken place. is taking place or is likely to take place on or in those premises: or (bJ that anything connected with an investigation in terms of this Act is in the possession of or under the control of. a person who is in the premises.
A warrant to enter and search may be issued at any time and must specificallyaJ identify the premises that may be entered and searched: and bJ authorise an investigator. inspector or a police officer to enter and search the premises to question any person or inspect any books. documents or items found in the searched premises.
the warrant is cancelled by the person who issued it or. in that persons absence.
{d the expiry of one month after the date it was issued.
A warrant to enter and search may be executed only during the day. unless the judge or magistrate who issued it. authorises that it may be executed at night at a time that is reasonable in the circumstances.
may enter and search premises named in that warrant.
Immediately before commencing with the execution of a warrant. a person executing that warrant must either{aJ if the owner. or person in control.
{b) if none of the persons contemplated in paragraph (aJ are present. affix a copy of the warrant to the premises in a prominent and visible place and must return within a reasonable time to check if the persons contemplated in paragraph {aJ have not returned or take any necessary and lawful steps to secure the presence of such a person.
91UU.
{eJ reguest information about any article or document from the owner. or person in control.
take extracts from. or make copies of.
qJ use any computer system on the premises or reguire assistance of any person on the premises to use that cornputer system.
attach and. if necessary. remove from the premises for examination and safekeeping. anything that has a bearing on the investigation.
{bJ to any answer given or statement made to an inspector or police officer in terms of this section.
An inspector authorised to conduct an entry and search in terms of section 91 RR may be accompanied and assisted by a police officer.
91W. (1) A person who enters and searches any premises under section 91 SS and 91 TT must conduct the entry and search with strict regard for decency and order. and with regard for each person's right to dignity. freedom. security and privacy.
During any search under section 91 UU(1)(cJ. only a female inspector or police officer may search a female person and only a male inspector or police officer may search a male person.
A person who enters and searches premises under section 91 SS.
allow that person reasonable time to exercise the right contemplated in paragraph (a).
issue a receipt for it to the owner or person in control.
return it as soon as practicable after achieving the purpose for which it was removed.
Subject to subsection (6) during a search. a person may only refuse to permit the inspection or removal of an article or document on the ground that it contains privileged information.
If the owner or person in control of an article or document refuses in terms of subsection (5) to give that article or document to the person conducting the search. the person conducting the search may request the registrar or sheriff of the High Court that has jurisdiction to attach and remove the article or document for safe custody until that court determines whether or not the information is privileged.
If necessary and proportionate to the act justifying the use of reasonable force, before using such force. a police officer must audibly demand admission and must announce the purpose of the entry. unless it is reasonable to believe that doing so may induce someone to destroy or dispose of an article or document that is the object of the search.
The Commission may compensate anyone who suffers damage because of a forced entry during a search.
91WW. (1) This section applies to every co-operative.
The board of a co-operative or the liquidator of such a cooperative if it is being wound up. may propose an arrangement or a compromise of its financial obligations to all its creditors or to all the members of any class of its creditors. by delivering a copy of the proposal and notice of meeting to consider the proposal.
A prooosal contemplated in subsection (2) must contain all the information reasonably required to facilitate creditors in deciding whether or not to accept or reject the proposal and must be divided into three Parts.
Part A-Background.
{ii a complete list of the creditors of the co-operative as of the date of the proposal. an indication as to which creditors would qualify as secured.
the probable benefits. if any, that would be received by creditors. in their specific classes.
whether the proposal includes a proposal made informally by a creditor of the co-operative.
Part B-Proposals.
the benefits of adopting the proposal as opposed to the benefits that would be received by creditors if the co-operative were to be placed in n.
Part C-Assumptions and conditions.
a statement of the conditions that must be satisfied.
the effect. if any.
a projected(aa) balance sheet for the co-operative: and (bb) statement of envisaged income and expenses for the ensuing three years. prepared on the assumption that the proposal is accepted.
may include alternative projections based on varying assumptions and contingencies.
factual information provided appears to be accurate.
projections provided are estimates made in good faith on the basis of factual information and assumptions as set out in the statement.
A proposal contemplated in this section will have been adopted by the creditors of the co-operative or the members of a relevant class of creditors. if it is supported by a majority in number. representing at least 75% in value of the creditors or class. as the case may be. present and voting in person or by proxy. at a meeting called for that purpose.
the court. on an application in terms of paragraph (a) may approve the compromise as set out in the adopted proposal. if it considers it just and equitable to do so.
the number of creditors of any affected class of creditors.
in the case of a compromise in resoect of a co-operative being wound up. the report as contemplated in Schedule 1A.
is final and binding on all of the co-operative's creditors or all of members of the relevant class of creditors. as the case may be. as of the date on which it is filed.
Amendment of section 92 of Act 14 of 2005 64.
(3) Any person who contravenes or who fails to comply with sections 12, 19, 21, 22, 38, [and] 39, 50. 53 and item 12 of Schedule 1A is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding 24 months, or to both a fine and such imprisonment.
(4) Despite anything to the contrary contained in any other law. a Magistrate Court has jurisdiction to impose any penalty provided for in subsection (3).
Insertion of sections 94A and 948 in Act 14 of 2005 65.
94A. The Minister must. by notice in the Gazette and within six months after commencement of this Act. taking into account national and relevant provincial norms and standards.
aJ providing for the minimum norms and standards in respect of the procedures for and the frequency of. monitoring.
the various categories of co-operatives contemplated in this Act and.
in the case of primary co-operatives.
bl establishing the necessary mechanisms. processes. procedures and indicators required for the effective implementation thereof.
to report on. monitor. evaluate. assess and determine the impact of the exercise of powers. the performance of functions. the execution of duties and the operational efficiency of such structures and co-operatives.
The entity within the Department responsible for co-operatives known as the Chief Directorate: Co-operatives must. in respect of co-operativesaJ formulate.
an administrative framework: bl implement the framework for monitoring and evaluation as contemplated in section 94A: cJ report to the Council any matter that should be considered by the Council: dl establish the structures contemplated in this Act and provide the Council with the financial, human. technical. training. infrastructural and other support that is necessary for its effective functioning: and el in general. administer the provisions of this Act.'
Amendment of section 97 of Act 14 of 2005 66.
(3) A co-operative referred to in subsection (1) must comply with the provisions of this Act from the date of commencement of this Act.
(7) The Minister must. by notice in the Gazette. within 3 months after the commencement of the Co-operatives Amendment Act publish(aJ model constitutions. model business plans.
other forms that he or she may consider necessary, that may be used by co-operatives.
The Minister must publish the notice contemplated in section 62aJ within 90 days after the commencement of this Act.
The Minister must. before the commencement of the Co-operatives Amendment Act. appoint the chairperson and other members of the Tribunal as contemplated in section 91GG (1).
Amendment of Item 2 of Part 1 of Schedule 1 to Act 14 of 2005 67.
11 (b) "limited", "Ltd".
Substitution of Item 6 of Part 1 of Schedule 1 to Act 14 of 2005 68.
ill The provisions of the Share Block Control Act, 1980 (Act No.
apply to a housing co-operative registered in terms of this Act in respect of every individual unit of the housing co-operative concerned that has been transferred in ownership to a member.
The provisions of the Sectional Titles Act. 1986 (Act No. 95 of 1986). apply to any unit owned by the housing co-operative or transferred in ownership to a member if the provisions of the Sectional Titles Act have been complied with.
Amendment of Item 2 of Part 2 of Schedule 1 of Act 14 of 2005 69.
11(b) "limited".
An employee of a worker co-operative. whether a member or non-member is deemed to be an employee as defined in terms of the Labour Relations Act (Act No. 66 of 1995) and Basic Conditions of Employment Act (Act No.75 of 1997).
All worker co-operatives shall therefore comply with both Acts mentioned in (1) above.
Despite (1) and (2) above: co-operatives have a right to apply for a variation from the Minister of Labour or exemption from the respective bargaining council if such compliance would create legal anomalies or where it is unaffordable to the co-operative or it is inappropriate to its operations.
Amendment of Part 3 of Schedule 1 of Act 14 of 2005 71. Part 3 of Schedule 1 to the principal Act is hereby amended by the substitution for the words ..financial services co-operative .. and..
financial co-operative or financial co-operatives .. , respectively.
Insertion of item 1A in part 3 of Schedule 1 of Act 14 of 2005 72.
"limited". "Ltd".
Substitution of item 4 of part 3 of Schedule 1 to Act 14 of 2005 73.
[Medical Schemes Act] Registration in terms of Medical Schemes Act. 1998 (Act No.
A financial [services] co-operative providing a medical benefit to its members is required to register in terms of the Medical Schemes Act, 1998 (Act No. 131 of 1998)}'.
Substitution of item 5 of part 3 of Schedule 1 to Act 14 of2005 74.
[Friendly Societies Act] Registration in terms of Friendly Societies Act, 1956 (Act No.
A financial [services] co-operative providing funeral benefits to its members is not required to register in terms of the Friendly Societies Act, 1956 (Act No. 25 of 1956).
Substitution of item 6 of part 3 of Schedule 1 of Act 14 of 2005 75. The following item is hereby substituted for item 6 of Part 3 of Schedule 1 to the principal Act: Recommendation letter issued by regulator in terms of Banks Act, 1990 Act No.
6A. The registrar may. in consultation with the Registrar of Banks. the Registrars of Long-term or Short-term Insurance. or the Registrar of Medical Schemes. as the case may be. direct that all co-operatives. to whom this part applies. or any category of co-operative to whom this part applies. other than a cooperative bank. must provide a recommendation letter from the regulator as contemplated in the Banks Act. 1990 (Act No. 94 of 1990). in compliance with any requirement for exemption from any provision of the Banks Act. 1990 (Act No. 94 of 1990). the Long-term Insurance Act. 1998 (Act No. 52 of 1998). or Short-term Insurance Act. 1998 (Act No. 53 of 1998). or the Medical Schemes Act. 1998 (Act No. 131 of 1998).
Substitution of item 8 of Part 3 of Schedule 1 to Act 14 of 2005 76.
For the purposes of this part financial service means any financial or banking service a co-operative may provide to its members, and includes the provision of long-term and short-term insurance, as envisaged in terms of the Longterm Insurance Act, 1998 (Act No. 52 of 1998), or the Short-term Insurance Act, 1998 (Act No. 53 of 1998), and the business of a medical scheme, as envisaged in terms of the Medical Schemes Act, 1998 (Act No. 131 of 1998), and funeral services. as envisaged in the Friendly Societies Act. 1956 (Act No. 25 of 1956).
Substitution of Item 2 of Part 4 of Schedule 1 of Act 14 of 2005 77.
The name of an agricultural co-operative must comply with the provisions of section 10.
The name of an agricultural co-operative must include the following words "limited" or "Ltd".".
Addition of Part 5 of Schedule 1 of Act 14 of 2005 78.
all other relevant provisions of this Act.
bJ "limited" "Ltd".
In addition to any other reguirements of this Act. the constitution of a social co-operative must specify the nature of the social service the co-operative aims to provide its members.
capitalise all donations and grants.
in order to enjoy the benefits of public benefit organisations.
Despite any other provisions of this Act. the constitution of a social co-operative may give the board of directors of the social co-operative the power to terminate the membership of a member if there is good reason to do so.
Before terminating the membership of a member. the board of directors must give such memberaJ notice that termination is contemplated; bJ written reasons for the proposed termination which. in the case of a member who has served a period of probation. must relate to the conduct or capacity of the member to carry out his or her duties.
a right to be heard.
A member whose membership is terminated by the board of directors has a right to appeal to a general meeting within the time limit set out in the constitution.
A termination of the membership of a member by the board of directors is confirmed on appeal if the members. at a duly called general meeting, do not reverse the decision of the board of directors.
If a general meeting is called to consider the appeal of a member whose membership is terminated and a quorum of members is not present. the decision of the board of directors cannot be confirmed.
For the purposes of this part social co-operative means a co-operative whose main objective is to provide social services to its members such as the elderly. children and the sick.
Insertion of Schedules 1A and ·1 Bin Act 14 of 2005 79.
At any time after application is made to a competent court for a cooperative to be wound up. any action for the recovery of an amount from the cooperative or in connection with an asset of the co-operative. or any execution of a judgment in any such action. may on the application of the co-operative or any other interested person be suspended by the court in which that action is under consideration or by which that judgment was given pending the decision of such application.
If a court in which an application in terms of section 72 is under consideration in respect of a co-operative issues a provisional winding-up order in respect of such a co-operative it must appoint a provisional liquidator for such cooperative or direct the registrar to appoint a provisional liquidator.
A provisional liquidator appointed under sub-item (1) must hold office for as long as the court considers it necessary. but not after the date of commencement of the winding-up of the co-operative in the event of the cooperative being wound up.
The provisions of items 12(1). 14. 16(1). (3) and (4). 17. 18(1). and 24 must apply with the changes required by the context in respect of a provisional liquidator appointed under sub-item (1): Provided that costs referred to in item 14(2) and the remuneration referred to in item 16(1) must be paid by the cooperative concerned.
investigate any matter the court which issued the provisional liquidation order required him or her to investigate and report to the court on his or her findings.
A provisional liquidator may subject to the provisions of this Act do anything reasonably necessary for the effective performance of his or her duties and may in particular exercise any power mentioned in paragraphs (a). (b). (c). (0 and (q) of item 25(1).
Unless the registrar deems it necessary in the interests of the creditors or mernbers of the co-operative a provisional liquidator must not have the power to liquidate any assets of the co-operative.
A provisional liquidator must. at the request of the registrar and within a period determined by the registrar. compile and submit to the registrar an inventory of all assets and liabilities of the co-operative as at the date of his or her appointment.
the issue. transfer or cancellation of shares during such period in the cooperative must be void.
aJ in the case of a voluntary winding-up.
in the case of a winding-up by an order of the court. at the time when a final order that the co-operative be wound up is issued by the court.
A co-operative being wound up continues to be a juristic person. but must as from the commencement of its winding-up cease to carry out its objectives except in so far as it is necessary for the purposes of its winding-up.
The functions of the board of directors of a co-operative being wound up terminate at the commencement of its winding-up except in so far as the continuation thereof has been approved by the registrar or liquidator.
The persons who immediately prior to the commencement of the winding-up of a co-operative hold office as a director. manager or secretary of the co-operative must jointly and severally be responsible for the performance of a duty to be performed by a co-operative in terms of this Chapter.
any attachment or execution put into force against an asset of the cooperative under a judgement given by a court before the commencement of the winding-up is void.
The issue. transfer or cancellation of membership shares in a cooperative being wound up is void.
Unless the court giving a final liquidation order or the registrar otherwise directs. the persons referred to in item 7 must as from the commencement of the winding-up of a co-operative up to the appointment of a liquidator jointly and severally be responsible for the custody of all the assets of the co-operative under the co-operative's control.
that such special resolution was passed by the requisite majority.
{1 A co-operative being wound up must draw up an inventory of all the assets and liabilities of the co-operative as at the date of commencement of the winding-up and submit such inventory to the registrar within 30 days of such date.
The provisions of sub-item (1) must not apply to a co-operative in respect of which a liquidator is appointed within 30 days of the commencement of the winding-up.
If a co-operative fails to comply with a provision of sub-item (1) every person referred to in item 7 is guilty of an offence.
(a) The registrar must. in accordance with the principles of fairness and transparency. appoint one or more suitable and appropriately qualified natural persons to be liquidators in respect of a co-operative being wound up.
If a liquidator ceases to hold office the registrar must. if such liquidator was the only liquidator. or may. if such liquidator was one of a plurality of liquidators. appoint any person to fill the vacancy.
The registrar may appoint any person as the temporary liquidator of a co-operative being wound up until a liquidator is appointed under sub-item (1)(a) or a vacancy is filled under sub-item (1)fb).
In case of a voluntary winding up by the Tribunal or registrar. the registrar must. if a person is nominated at the first meeting of creditors and merr1bers. appoint such person as nominated. unless if the liquidator has justified reason to alter the nomination.
The registrar must issue letters of appointment to the appointed liquidator after that liquidator has complied with item 14.
A liquidator must not be deemed to be appointed until he or she has given security to the satisfaction of the registrar for the proper performance of his or her functions as liquidator.
The cost of giving such security to an amount which the registrar considers reasonable. must form part of the costs of liquidation of the cooperative concerned.
The registrar may on written request by a liquidator consent to a decrease in the security given by such liquidator.
A liquidator or liquidators appointed under item 13(1)(aJ must after his. her or their appointment forthwith publish a notice in the Gazette and in a newspaper circulating in the area in which the registered office of the co-operative concerned is situated in which his or her name and address or their names and addresses are given and his. her or their appointment is made known.
A liquidator is entitled to the prescribed remuneration for his or her services: Provided that if more than one liquidator is appointed the remuneration must be distributed among them on such basis as may be approved by the registrar.
Unless the registrar otherwise directs the remuneration of a liquidator must not be paid other than in accordance with a liquidation account.
The registrar may decrease the remuneration of a liquidator or disallow such remuneration if in his or her opinion there is good cause for doing so.
No person who employs or is a fellow employee or in the ordinary employment of a liquidator will be entitled. except with the approval of the registrar. to receive any remuneration out of the assets of the co-operative for services rendered in connection with the functions of the liquidator and no liquidator is entitled either by himself or herself or his or her partner to receive out of the assets of the co-operative remuneration for his or her services except the remuneration to which he or she is entitled under this Act.
If two or more liquidators have been appointed they must act iointly in performing their functions as liquidators and must jointly and severally be liable for every act performed by them jointly.
If such liquidators disagree on any matter relating to the cooperative of which they are the liquidators one or more or all of them may refer the matter to the registrar. who may thereupon settle the issue or give directions as to the procedure to be followed in settling such issue.
A liquidator must perform his or her functions subiect to the control and directions of the registrar.
The registrar may at any time require a liquidator to answer any inquiry in connection with the winding-up in which such liquidator is engaged and may examine such liquidator on oath concerning the wind-up.
The registrar may at any time investigate or seize the books and other documents relating to the winding-up of a co-operative.
Any expenses incurred by the registrar in carrying out any provision of this item must form part of the costs of liquidation of the co-operative concerned.
The registrar may at any time remove a liquidator from office if in his or her opinion there is good cause for doing so.
If the registrar is of the opinion that the value of the assets of a cooperative being wound up is less than R20 000 or such other amount as the Minister may by notice in the Gazette determine. he or she may order the windingup of that co-operative to be carried out. notwithstanding anything to the contrary contained in any law. in such manner and by such person as may be determined by him or her.
{1) A liquidator referred to in item 13(1)fa) must draw up an inventory of all assets and liabilities of the co-operative being wound up as at the date of his or her appointment and submit such inventory to the registrar within 30 days of his or her appointment.
The provisions of sub-item (1) must not apply to a liquidator of a co-operative in respect of which a provisional or temporary liquidator was appointed. if such provisional or temporary liquidator drew up and submitted such an inventory to the registrar.
The liquidator of a co-operative must subject to the provisions of this Act forthwith recover and take into his or her possession all the assets of the cooperative. realise those assets and apply the proceeds thereof in accordance with the provisions of this Act.
Banking.
The liquidator of a co-operative fa) must open with a banking institution registered under the Banks Act. 1965 (Act No. 23 of 1965).
may. with the written consent of the registrar. open with such a banking institution. a savings account in the name of such co-operative.
may. with the written consent of the registrar.
or on interest-bearing deposit referred to in paragraph (c) other than by way of a transfer to the said current account.
any transfer of money in such an account or so placed in deposit to any other banking institution or branch of such a banking institution.
{3) A banking institution referred to in sub-item (2) must on the registrars request forthwith furnish him or her with a statement showing deposits paid into and withdrawals made from an account referred to in paragraph (aJ.
of sub-item C1.
The registrar and any surety for a liquidator will have the same right to information in regard to an account referred to in paragraph (a) or (b) of sub-item (1) or a deposit referred to in paragraph (c) of that sub-item as the liquidator himself or herself possesses and may examine all documents in relation thereto. whether in the possession of the liquidator or a banking institution.
The registrar may after notice to the liquidator in writing order a banking institution with which an account referred to in paragraph (a) or (b) of subitem (1) has been opened or where a deposit referred to in paragraph (c) of that sub-item has been placed not to allow any withdrawal from any such account or of any such deposit except with the approval of the registrar.
All cheques or orders drawn on an account referred to in subitem (1)(aJ must contain the name of the payee and the cause of payment and must be drawn to order and be signed by the liquidator or his or her duly authorised agent.
Immediately after his or her appointment a liquidator must open a register in which he or she must enter a statement of all money and property and all books. accounts and other documents received by him or her on behalf of the co-operative.
{2 The registrar may at any time order a liquidator to submit to him or her any such register, book. account or other document or to make any such register. book. account or other document available for inspection by an interested person.
A liquidator may subject to the provisions of this Act do anything reasonably necessary for the effective performance of his or her duties. and may in particularaJ with the approval of the registrar institute.
after taking into account the rights of creditors and interests of the members of the co-operative and with the approval of the registrar write off any debts: ffJ submit to the determination of arbitrators any dispute concerning the co operative or a claim by the co-operative: and {g in accordance with relevant law terminate contracts to which the cooperative is a party.
A liquidator must not dispose of immovable property of a cooperative except with the approval of the registrar.
A creditor of a co-operative being wound up holding a movable asset as security for his or her claim against the co-operative must within 30 days of publication of the notice referred to in item 15 notify the liguidator of such cooperative of his or her possession of such asset. the nature of such asset and the grounds of his or her preference to such asset.
If such asset consists of securities or a bill of exchange the creditor may after he or she has given such notice realise such asset in terms of sub-item (4).
If such asset does not consist of securities or a bill of exchange the liguidator may take over such asset from the creditor at a value agreed upon between the liguidator and the creditor. or at the full amount of the creditor's claim and if the liguidator does not so take over such asset. the creditor may realise such asset in terms of sub-item (4).
A creditor may realise an asset referred to in sub-item (2) or (3) in the following manner.
if it consists of a thing which in the opinion of the liguidator can profitably be sold at a public auction.
if it consists of a thing which in the opinion of the liguidator cannot profitably be sold by public auction. the creditor may cause it to be realised in a manner approved by the liguidator.
As soon as a creditor has realised an asset in terms of subitem (4) he or she must pay the net proceeds thereof and submit all supporting documents relating to the realisation of such asset to the liguidator.
{6 If the asset concerned has not been realised within 90 days of the publication of the notice referred to in item 15 the creditor must deliver such asset to the liguidator.
A movable asset delivered to a co-operative under a credit agreement may after the commencement of the winding-up of the co-operative be delivered to the creditor under such contract and thereupon the creditor is deemed to be holding that asset as security for his or her claim and the provisions of item 26 will apply.
within two years before the commencement of the winding-up of the cooperative and the person to whom the property was disposed of is unable to prove that immediately after the disposition was made the value of the co operative's assets exceeded its liabilities: Provided that if it is proved that the liabilities of the co-operative at any time after the disposition was made exceeded the value of its assets by less than the value of the property disposed of. the disposition may be declared void only to the extent of such excess.
A disposition of property not made for value which was declared void under sub-item (1) or which was not completed by the co-operative will not give rise to any claim in competition with the co-operative's creditors.
If the court declares any disposition of property void under subitem (1) the court may summarily issue an order directing that the property disposed of be delivered to the liquidator or that an amount equal to the value of the relevant property as at the date of the disposition thereof be paid to the liquidator.
Any disposition of property made by a co-operative within 180 days before the commencement of its winding-up and which has had the effect of preferring any one or more of its creditors above another may on application by the liquidator be declared void by a competent court if immediately after such disposition was made the liabilities of the co-operative exceeded the value of its assets. unless the person to whom the property was disposed of proves that the disposition was made in the ordinary course of business and that it was not intended thereby to prefer a creditor above another.
Any disposition of property by a co-operative made at a time when its liabilities exceeded the value of its assets and with the intention of preferring any one or more of its creditors above another may at any time after the commencement of the winding-up of the co-operative on application by the liquidator be declared void by a competent court.
If the court declares any disposition of property void under subitem (1) or (2) the court may summarily issue an order directing that the property disposed of be delivered to the liquidator or that an amount equal to the value of the relevant property as at the date of the disposition thereof be paid to the liquidator.
Any collusion to dispose of property of a co-operative with an effect prejudicing the co-operative's creditors or preferring a creditor above another may at any time after the commencement of the winding-up of such a co-operative on application by the liquidator be declared void by a competent court.
Any person being a party to any collusion declared void by the court under sub-item (1) may summarily be ordered by the court to make good to the co-operative any decrease in the value of the assets of the co-operative caused by such collusion and if such person is a creditor of the co-operative he or she will forfeit his or her claim against the co-operative.
Any set-off of debts between a co-operative and another person within 180 days before the commencement of the co-operative's winding-up and which has had the effect of preferring such person as creditor above other creditors of the co-operative may on application by the liquidator be declared void by a competent court if at the time when such set-off was effected the liabilities of the co-operative exceeded the value of its assets. unless such person proves that the debts which were set off arose in the ordinary course of business between him or her and the co-operative.
If the liquidator is requested by any interested person to make application to the court under item 28. 29. 30 or 31 and the liquidator omits to make such application within 30 days as from the date of the request such person may upon his or her indemnifying the liquidator against all costs in the action make the relevant application on behalf of the liquidator.
Any person who has a claim against a co-operative being wound up. excluding a claim against a members' fund. must within 90 days after the date of oublication of the notice referred to in item 15 lodge with the liquidator a sworn or solemn statement specifying the amount of the claim and the prescribed particulars relating to the claim together with the supporting documents if any}: Provided that if a member for any reason whatsoever does not want his or her claim against a members' fund to proceed he or she must inform the liquidator in writing thereof.
The liquidator may admit or refuse to admit the co-operative's liability for the amount of a claim referred to in sub-item (1) or may admit the cooperative's liability for any portion of such an amount.
Any person aggrieved by a decision taken by a liquidator under sub-item (2) in connection with his or her claim may within 30 days after he or she was notified of such decision appeal to the registrar against such decision and the registrar may after consideration of the grounds of the appeal and the liquidator's reasons for his or her decision confirm the decision or set the decision aside and order the liquidator to admit the claim or to admit it to the extent determined by the registrar.
Any person referred to in sub-item (1) who has failed to lodge his or her claim with the liquidator within the period mentioned in that subitem. may thereafter with the consent of the registrar lodge his or her claim with the liquidator within a period of 30 days after the termination of the said period.
(bJ The provisions of sub-items (2) and (3l apply with the changes required by the context in respect of a claim referred to in paragraph (aJ.
The provisions of this item must not prevent a creditor from proving a claim against a co-operative in any court. but no person must institute an action to prove a claim against a co-operative being wound up or proceed with action that has been suspended in terms of item 8. unless he or she has lodged his or her claim with the liquidator within the period mentioned in sub-item (1) or with the consent of the registrar. within the further period mentioned in sub-item (4), or has otherwise given notice to the liquidator in writing of the action or intended action within a period of 120 days after the date of publication of the notice referred to in item 15.
The liguidator must within 180 days after the date of publication of the notice referred to in item 15 draw up the following accounts, certify them and submit them in duplicate to the registrar.
a trading account.
a distribution account. if the proceeds of the co-operative's assets exceed the sum of the amounts to be paid out of such proceeds in terms of items 36(1) and (2) and 37 (a), (b). (c).
a contribution account. if the said proceeds are less than the sum of the said amounts and there are contributories.
The accounts referred to in sub-item (1) must be accompanied by all supporting documents available to the liguidator.
If the said accounts are not the final accounts the liguidator must within such period as the registrar may determine draw up further accounts and submit them to the registrar in duplicate.
If the liguidator is unable to submit an account or documents mentioned in sub-item (1). (2) or (3) to the liguidator within the required period he or she must before the termination of the period concerned submit to the registrar a written explanation of the reasons for his or her inability. requesting extension and the registrar may thereupon grant an extension of time to the liguidator for the submission of the relevant account or documents.
eJ if such a claim is a secured claim. of the property which serves as security for the claim or if the property has already been realised.
0 in the case of a second or later liguidation account.
of all debts due.
of the reasons why such assets have not yet been realised or such debts have not yet been recovered.
A liquidation account must subject to the provisions of items 36, 37, 38. 39 and 40 provide for the application of the proceeds of the assets of the co-operative.
The proceeds of any asset which served as security for a claim admitted or proved in terms of item 33 must. after deducting therefrom the liquidators expenses with respect to such asset and such pro rata portion of the costs of liquidation as may be determined by the liquidator. first be applied in paying such claim.
If there is more than one such claim the relevant claims must be paid in the order of their preference.
If the portion of the said proceeds which may be applied in paying any such claim or claims is less than the amount of such claim the creditor concerned must be an ordinary creditor in respect of the unpaid portion of his or her claim.
Subject to the provisions of item 36 the proceeds of the assets of a co-operative being wound up must be applied as follows.
thereafter pay any amounts due by the co-operative with respect to matters referred to in section 98A(1)(b) or section 99(1)(a) to (e) of the Insolvency Act. 1936 <Act No. 24 of 1936). which have been admitted or proved in terms of item 33 or if the balance of the said proceeds is insufficient to pay the said amounts in full.
thereafter pay outstanding salaries and wages of full-time employees of the co-operative which have been admitted or proved in terms of item 33 for a period not exceeding two months prior to the commencement of the windingup of the co-operative or if the balance of the said proceeds is insufficient to pay the said salaries and wages in full.
thereafter pay all other claims admitted or proved in terms of item 33. including any unpaid portions of secured claims contemplated in item 36(3) and any credit amounts in the members fund or. if the balance of the said proceeds is insufficient to satisfy the said claims. portions of claims and credit amounts in full.
fJ thereafter any residue must be applied in accordance with the distribution account.
A tacit hypothec. other than a landlords legal hypothec. must not confer any preference when a co-operative is being wound up.
A landlords legal hypothec must confer a preference with regard to property which is subject to that hypothec for any rent calculated in respect of any period immediately prior to and up to the commencement of the winding-up but not exceedingaJ three months.
six months.
nine months.
15 months in any other case.
A mortgage bond. other than a kustingbrief.
a debt incurred in novation of or substitution for a debt referred to in paragraph (a), must not confer any preference with regard to such property or the proceeds thereof if the co-operative is wound up within 180 days after the lodging of such bond.
A general mortgage bond. including a general clause in a mortgage bond hypothecating particular immovable property. must not confer any preference with regard to the property of a co-operative being wound up or the proceeds thereof.
Priority under any mortgage bond registered in any office for the registration of deeds against immovable property of a co-operative for the purpose of securing payment of future debts will depend on the date of registration of that mortgage bond and not on the date upon which any such debt arises.
the daily totals of receipts and payments in connection with the business.
{1) A distribution account must subject to the provisions of item 43 provide for a residue referred to in item 37(f) to be applied according to the provisions of this item.
The residue referred to in sub-item (1) must first be applied in paying back the paid-up share capital of the co-operative to the shareholders of the co-operative.
If such residue is less than the oaid-up share capital the amount to be paid to a shareholder out of such residue must be an amount which bears the same ratio to the amount of such residue as the paid-up value his or her shares bears to the paid-up share capital.
If such residue exceeds the paid-up share capital the balance remaining after the paid-up share capital has been paid back must. subject to the provisions of sub-item (8). be allocated to the members of the co-operative{a) in the case of a co-operative the main objective of which involves that its members conduct transactions with or through it.
{b in the case of a co-operative the main objective of which does not involve that its members conduct transactions with or through it. in accordance with a basis set out in the constitution.
in the case of an agricultural co-operative or a special farmers co-operative. be determined with reference to either the period mentioned in the constitution of the co-operative which preceded the commencement of the winding-up of the co-operative or the period for which the co-operative has existed.
{bJ in the case of a trading co-operative. be determined with ref~_rence to either the period specified in the constitution of the co-operative which preceded the commencement of the winding-up of the co-operative or the period for which the co-operative has existed. whichever period is the shorter: Provided that the period mentioned in the constitution of the co-operative must not be less than five years.
(aJ the value of the transactions conducted by a former mernber with or through such co-operative during the appropriate period referred to in sub-item (5) may be added to the value of the transactions of a member who is entitled to an allocation under sub-item (4).
the former member or if he or she is deceased. his or her executor.
{c a co-operative incorporated in consequence of an amalgamation of two or more co-operatives under section 57 is deemed to have existed as from the date of incorporation of the most recent of those co-operatives and the value of the transactions conducted by a member of the amalgamated cooperative during the appropriate period with or through any of the previous co-operatives of which he or she was then a member may be added to the value of the transactions conducted by him with or through the amalgamated co-operative.
The registrar may notwithstanding the provisions of sub-items (4). (5) and (6) direct the liquidator of a trading co-operative to allocate the balance remaining after the paid-up share capital has been paid back. to the members of the co-operative on any basis determined by the registrar.
If the constitution of a co-operative provides that an amount must be paid to any particular person or for any particular purpose in the event of the co-operative being wound up. the balance referred to in sub-item (4) must first be applied for the payment of such an amount.
sub-items (2). (3) and (4) an amount referred to in paragraph (a) of this subitem is deemed to form part of the paid-up share capital of the co-operative.
If a residue referred to in item 37 (f) is so small that the payment thereof to the persons referred to in item 42. is in the opinion of the registrar not iustified and the provisions of that item the registrar may direct the liquidator to dispose of such residue. notwithstanding. in any manner determined by the registrar.
A contribution account must provide for the recovery of contribution from such persons as are liable for the payment thereof.
A contribution account must in respect of each contributory indicate the ground on which he or she is liable for the payment of contribution. the amount for which he or she is liable and the contribution to be paid by him in terms of that contribution account and. in the case of a second or later contribution account. the contribution recovered from him in terms of a previous contribution account.
Every liquidation. distribution or contribution account or a copy thereof must be submitted by the liquidator to the registrar. the Directorate Cooperatives and the magistrate office in the district where the registered office of the co-operative is situated. for such period as may be determined by the registrar. for inspection by interested persons.
The liquidator must give notice to interested persons in the Gazette and in a newspaper circulating in the area in which the registered office of the co-operative is situated of the period for which and the place or places where the liquidation. distribution or contribution account will be available for inspection and that ob;ection against such account may be lodged with the registrar before a date to be stated in the notice. which must be a date not less than seven days after the end of the said period.
The magistrate of the office where an account is available for inspection must affix a notice in a public place in or at his or her office in which it is mentioned that the account concerned is available in his or her office for inspection by interested persons during the relevant period and must upon the expiry of such period issue a certificate that the relevant account was available for inspection during the relevant period and transmit the certificate and account to the registrar.
Any person who has an interest in the winding-up of a cooperative may before the date stated in the notice referred to in sub-item (2) of item 45 lodge an objection with the registrar against any entry in an account made available for inspection in terms of sub-item (1) of that item.
An objection referred to in sub-item (1) must be contained in an affidavit or a solemn declaration in which the grounds of objection are fully set forth.
The registrar may uphold. partially uphold or reject an objection referred to in sub-item (1).
Amendment of. liquidation, distribution.
If the registrar upholds or partially upholds an objection against a liquidation. distribution or contribution account under item 46(3), or if he or she is of the opinion that any such account is incorrect in any respect. the registrar must order the liquidator to amend the relevant account in such manner as may be determined by the registrar.
If the registrar is of the opinion that the interests of any person are materially prejudiced by an amendment of a liquidation. distribution or contribution account under sub-item (1). the provisions of items 45 and 46 and this item must be applicable to the amended account unless the said person submits a written statement to the registrar that he or she has no objection against such amendment.
Any person whose objection against a liquidation. distribution or contribution account has been rejected or partially upheld under item 46{3 may within 30 days after he or she was notified of the registrar's decision with regard to his or her objection appeal against that decision by way of application on notice of motion to any competent court.
A liquidator may within 30 days after he or she was ordered by the registrar under item 47(1) to amend a liquidation. distribution or contribution account appeal against that decision by way of application on notice of motion to any competent court.
The court to which appeal is made under sub-item (1) or (2) must inguire into and consider the matter and must confirm. vary or set aside the decision or order of the registrar. or give such other decision or order as in its opinion the registrar ought to have given and may make such order as to costs as it may deem fit.
If the registrar is satisfied that a liquidation. distribution or contribution account has been made available for inspection in accordance with the requirements of this Act. that any objections against it have been finalised and that the necessary amendments (if any) have been effected thereto. he or she must confirm such account.
a liquidation or distribution account was confirmed in terms of item 49.
a contribution account was so confirmed. recover the contributions to be paid in accordance therewith.
Any payment in terms of a liquidation or distribution account must be made by way of a cheque payable to the person entitled to such payment or his or her order and drawn on an account contemplated in item 23(1)(aJ.
The liquidator must submit to the registrar proof of every payment made by him or her in terms of a liquidation or distribution account.
If a cheque by which any payment is made in terms of a liquidation or distribution account. is not cashed or deposited within 90 days after it was issued. the liquidator must, unless the registrar otherwise directs. stop payment of the cheque and forthwith deposit the amount concerned in the guardians fund referred to in section 86 of the Administration of Estates Act. 1965 (Act No. 66 of 1965). to be credited to the said person.
If any contributory liable to pay contribution in terms of a contribution account fails to pay the amount of such contribution to the liquidator within 30 days after a letter of demand in which particulars of such contribution are set out was sent to him or her by registered post to his or her last-known residential or business address. the magistrate of the district in which the registered office of the co-operative is situated must upon written request by the liquidator issue a writ of execution against the property of such contributory.
Any such writ rnust be executed against the movable property of such contributory and if sufficient movable property is not found to satisfy the writ. then against his or her immovable property.
A writ of execution issued under sub-item (1) must be deemed to have been issued pursuant to a judgment of a magistrates' court.
The magistrate of the district in which the registered office of a co-operative being wound up is situated may. on application bv the registrar. the liquidator of the co-operative or any other person who has an interest in the winding-up of such co-operative. summon before him or her any person known or suspected to have in his or her possession any asset of the co-operative or believed to be indebted to the co-operative. or any person whom the magistrate deems capable of giving information concerning the affairs. transactions or assets of the co-operative.
Such magistrate may examine on oath or affirmation any person summoned under sub-item (1) or authorise the registrar. the liquidator or any such other interested person to examine such person or to cause such person to be examined. concerning any matter referred to in that sub-item. either orally or on written interrogatories and may reduce his or her answers to writing and require him to sign them.
Such magistrate may require any such person to produce any book or other document in his or her custody or under his or her control relating to the co-operative. but without prejudice with regard to any right which he or she or any other person may have to such book or document.
If any person summoned under sub-item <1 fails to appear before the magistrate concerned at the appointed time. such magistrate may cause him or her to be apprehended and brought before him for examination.
The liquidator of a co-operative may at any time after dissolution of the co-operative in terms of item 56 apply to the registrar for his or her release. who may grant such release if he or she deems it expedient.
After six months from the date of release of the liquidator the books and documents of the co-operative and those relating to the winding-up of the cooperative may be destroyed. unless the registrar otherwise directs.
A co-operative must dissolve if the name and other particulars of such co-operative are struck off the register of co-operatives in terms of item 57.
Provided that the registrar must consult the Tribunal before the co-operative is struck off the register.
If the registrar has reasonable cause to believe that a cooperative is not carrying on business or is not in operation he or she must send to the co-operative by registered post a letter enquiring whether it is carrying on business or is in operation.
If the registrar does not within 30 days after sending the letter receive any reply thereto or receives a reply to the effect that the co-operative is not carrying on business or is not in operation.
send to the co-operative by registered post.
a notice that after the expiration of 60 days from the date of the notice the co operative mentioned therein will. unless good cause to the contrary is shown. be struck off the register of co-operatives.
After the expiration of the period referred to in sub-item (2) or upon receipt from the co-operative of a written statement signed by at least two directors thereof to the effect that the co-operative has ceased to carry on business or is not in operation and has no assets or liabilities. the registrar may. unless good cause to the contrary is shown. strike the co-operative off the said register.
4 l A letter or notice to be sent to a co-operative in terms of this item must be sent to the co-operative at its registered office. its postal address and provided the registrar has a record of their addresses. to the care of every director and auditor of the co-operative and to any other person as the registrar may deem necessary.
The registrar must give notice on the website of Companies Intellectual Property Registration Office of every co-operative struck off the register of co-operatives under item 57.
The dissolution of a co-operative will not affect the liability of a director. officer or member of the co-operative and such liability (if any) must subject to the law relating to prescription continue to exist and may be enforced as if the co-operative had not been dissolved.
{1 l Any person aggrieved by a co-operative having been struck off the register of co-operatives may within one year after it has been so struck off. by way of application to the Tribunal for an instruction to the registrar. to have the entry in respect of the said co-operative restored in such register.
The Tribunal must inquire into and consider the matter and must reject the application or instruct the registrar to restore the entry in such register in respect of that co-operative.
If the Tribunal gives an instruction that the entry in such register be restored in respect of such co-operative. the co-operative is deemed to continued to exist as if it had not been struck off such register and the instruction of the Tribunal may contain such directions so as to place the co-operative and other persons as far as may be possible in the same position as if the co-operative had not been struck off such register.
{4 If the Tribunal gives an instruction that the entry in such register be restored in respect of such co-operative.
fully comply with the provisions of this Act.
pay the prescribed fees for its restoration.
Notwithstanding the provisions of this item. an aggrieved person who was a member of the co-operative at the time of its deregistration may reguest the registrar to have the entry in respect of the said co-operative restored in such register. in which event the registrar after having inguired into and considered the matter. may reject the application or restore the entry in such register in respect of that co-operative.
has not become or is prevented from becoming a successful concern and there is a reasonable probability that. if it is placed under judicial management. it will be enabled to pay its debts or to meet its obligations and become a successful concern. a competent court may. if it appears just and eguitable. grant a judicial management order in respect of that co-operative.
by the registrar or the tribunal.
When an application for the winding-up of a co-operative is made in terms of section 72 to a competent court and it appears to that court that if the co-operative concerned is placed under judicial management the grounds for its winding-up may be removed and that it will become a successful concern and that the granting of a judicial management order would be just and eguitable. such court may grant such an order in respect of that co-operative.
A court may, on an application made under item 1 . grant a provisional judicial management order stating the return day or dismiss the application or make any other order that it deems fit.
directives that the co-operative named therein must be under the management and control. subject to the supervision of the registrar.
such other directives as the court may deem necessary as to the management and control of the co-operative. or any matter incidental thereto. including directives conferring upon the provisional judicial manager the power. subject to the rights of the creditors. to raise money in any way without the authority of the members of the co-operative as the court may deem necessary.
and may contain instructions that while the co-operative is under judicial management. all actions, legal proceedings and the execution of all writs. summonses and other legal process against the co-operative be stayed and not be proceeded with without the leave of the court.
The court which has granted a provisional judicial management order may at any time and in any manner on the application of the applicant. the co-operative. a creditor or a member of the co-operative, the provisional judicial manager or the Minister on the recommendation of the registrar. vary the terms of such order or discharge it.
aJ all persons who immediately prior to the commencement of the provisional judicial management order of the co-operative hold office as director.
the registrar must without delay appoint a provisional judicial manager. who must give such security for the proper performance of his or her duties in his or her capacity as such as the registrar may direct and who must. subject to the provisions of sub-item (2). hold office until discharged by the court as provided in item 7(3)(aJ.
The registrar may at any time and for reasons which he or she deems fit dismiss a provisional judicial manager from his or her office and appoint another person in his or her place.
the constitution of the co-operative will remain in force except to the extent it is in conflict with the directives of the provisional judicial management order, unless the registrar is of the opinion that the application of any provision of the constitution is not in the interests of the members or creditors during the provisional judicial management. and he or she notifies the provisional judicial manager in writing that such provision must be suspended.
The registrar may at any time terminate the suspension referred to in sub-item (1)(b) and notify the provisional judicial manager in writing thereof.
A provisional judicial manager appointed under item 3(1){b) or (2) must a) assume the management and control of the co-operative.
convene within 60 days or such longer period as the registrar may determine at the written request of the provisional judicial manager.
a complete list of creditors of the co-operative.
the considered opinion of the provisional judicial manager as to the prospects of the co-operative becoming a successful concern and of the removal of the facts or circumstances which prevent the cooperative from becoming a successful concern.
(a) Any meeting convened under item S(b) must be presided over by the registrar or a magistrate having jurisdiction in the area where the meeting is held.
Any meeting referred to in paragraph (a) must be convened(il in the case of a meeting of the members of the co-operative concerned.
in the case of a meeting of creditors. by a notice in the Gazette and in one or more newspapers circulating in the area in which the registered office of the co-operative is situated. not less than seven days prior to such meeting.
At the meeting the report of the provisional judicial manager under item 5(c). and the desirability or not of placing the co-operative finally under judicial management. must be considered. taking into account the prospects of the co-operative becoming a successful concern.
The chairperson of any such meeting must prepare and lay before the court a report of the proceedings of such meeting. including a summary of the reasons for any conclusion arrived at under sub-item (2).
Any return day fixed under item 2(1) must not be later than 60 days after the date of the provisional judicial management order but may be extended by the court on good cause shown.
grant a final judicial management order if it appears to the court that the co-operative will. if placed under judicial management.
make any other order may deem fit.
aJ directives for the vesting of the management and control of the co-operative. subject to the supervision of the registrar. in the final judicial manager. the handing over of all matters and the accounting by the provisional judicial manager to the final judicial manager. and the discharge of the provisional judicial manager.
such other directives as to the management and control of the co-operative or any matter incidental thereto. including directives conferring upon the final judicial manager the power. subject to the rights of the creditors of the cooperative. to raise money in any way without the authority of the members of the co-operative. as the court may consider necessary.
(aJ When a final judicial management order is granted. the registrar must without delay appoint a final judicial manager. who must give such security for the proper performance of his or her duties in his or her capacity as such as the registrar may direct and who must hold office until he or she is discharged in terms of paragraph (b) or until the judicial management order is cancelled in terms of items 9(i) and 13 of Schedule 1 B.
The registrar may. at any time. dismiss a final judicial manager from his or her office and appoint another person in his or her place if there are sound reasons for doing so and after having followed the due process.
The court which has granted a final judicial management order may at any time and in any manner vary the terms of such order on the application of the registrar. the final judicial manager or a representative acting on behalf of the creditors or members of the co-operative concerned by virtue of a resolution passed. in the case of creditors. by a majority in value and number of such creditors at a meeting of those creditors or. in the case of members. by a majority of members present at a general meeting.
The provisions of item 4 applies with the changes required by the context when a final judicial management order is granted.
A final judicial manager must.
{b conduct such management and control. subject to the orders of the registrar. in such manner as he or she may deem most economic and most promotive of the interests of the members and creditors of the co-operative in order to restore the co-operative as a successful concern;....
convene meetings of the creditors of the co-operative by notices issued separately on the dates on which the notices convening annual general meetings of the co-operative are issued or on which any interim report is sent out to members and submit to such meetings reports showing the assets and liabilities of the co-operative its debts and obligations as verified by the auditor of the co-ooerative.
{h) examine the affairs and transactions of the co-operative before the commencement of the judicial management in order to ascertain whether any director. past director.
iJ examine the affairs and transactions of the co-operative before the commencement of the judicial management in order to ascertain whether any director. past director. officer or past officer of the co-operative is or appears to be personally liable for damages or compensation to the cooperative or for any debts or liabilities of the co-operative: and a> if at any time he or she is of the opinion that the continuation of the judicial management will not enable the co-operative to become a successful concern. apply to the court after not less than 14 days notice by registered post to all members and creditors of the co-operative for the cancellation of the relevant judicial management order and the issue of an order for the winding-up of the co-operative.
A judicial manager must not without the leave of the court sell or dispose any of the co-operatives assets save in the ordinary course of the cooperatives business.
Any money of the co-operative becoming available to the judicial manager must be applied by him or her in paying the costs of the judicial management and in the conduct of the co-operatives business in accordance with the judicial management order and so far as the circumstances permit in the repayment of debts of the co-operative incurred before the date of the provisional judicial order.
Notwithstanding the granting of a judicial management order in respect of any co-operative and for so long as the order is in force. the provisions of this Act relating to the appointment and re-appointment of an auditor and the rights and duties of an auditor must continue to apply as if any reference in the said provisions to the directors of the co-operative were a reference to the judicial manager.
In every case in which a co-operative is placed under judicial management the provisions of items 28. 29. 30. 31 and 53 of Schedule 1A of this Act must apply as if the co-operative under judicial management were a cooperative being wound up and the judicial manager were the liguidator.
If at any time on application by the judicial manager or any person having an interest in the co-operative it appears to the court which granted a judicial management order that the purpose of such order has been fulfilled or that for any reason it is undesirable that such order should remain in force. that court may cancel such order and thereupon the judicial manager must be released from his or her functions as the judicial manager.
{2) In cancelling any such order the court must give such directives as may be necessary for the resumption of the management and control of the co-operative by a board of directors referred to in section 32(1). including directives for the convening of a general meeting of members for the purpose of electing such directors.
When a co-operative under judicial management amalgamates with another co-operative it is deemed that the judicial management order is cancelled with effect from the date on which the first-mentioned co-operative ceased to exist in terms of section 58.
The registrar must determine the basis of the remuneration of a provisional or final judicial manager and may at any time decrease or disallow such remuneration if in his or her opinion there is good cause for doing so.
Substitution of long title of Act 14 of 2005 80.
Act: .. To provide for the definition, purpose and application of the Act; to provide for the registration, constitution and powers of co-operatives; to provide for the requirements regarding the registered offices of co-operatives, as well as record keeping; to provide for membership, general meetings and governance of co-operatives; to provide for the capital structures. and the audit of co-operatives; to provide for the amalgamation. division and conversion of co-operatives; to provide for the winding-up and dereaistration of co-operatives. to provide for judicial management: to provide for the functions of the registrar of co-operatives: to provide for the establishment of the Co-operatives Advisory Council and its functions. the Co-operative Development Agency, the Co-operative Tribunal. Companies and Intellectual Property Registration Office and the Directorate: Co-operatives as the entity in the Department of Trade and Industry responsible for co-operatives: to provide for the establishment of the National Co-operative Training Academy and Provincial Co-operative Training Academies: to provide for special provisions relating to certain kinds of co-operatives; to provide for the repeal of Act 91 of 1981; and to provide for matters connected therewith.
Substitution of the Preamble of Act 14 of 2005 81.
PREAMBLE WHEREAS the Republic of South Africa acknowledges the need for the registration of co-operatives.
national. provincial and local government transversal policy and statutory regulatory frameworks: and as well as the need for the development of a viable. autonomous. self-reliant and self-sustaining co-operative movement to promote entrepreneurship, create employment and successful enterprises. eradicate poverty and improve the socioeconomic well-being of the members of co-operatives: AND WHEREAS the Constitution and national legislation enjoins government to be fundamentally developmental in orientation.
adopt the Millennium Development Goals.
support and participate in government initiatives relating to rural development.
AND WHEREAS the Constitution and national legislation enjoins the three spheres of government be accountable and responsible to support and promote the development and effective functioning of co-operatives in order to bring about a vibrant co-operative movement in South Africa.''.
AND WHEREAS this Act is aligned to the ILO Recommendation 193 of 2002. which was also ratified by the South African government: co-operative values and principles as outlined in the Co-operative Statement of Identity as adopted by the International Co-operative Alliance CICA in 1995.
Co-operatives are based on the values of self-help, self-responsibility. democracy. equality. equity and solidarity. Co-operative members are expected to believe in the ethical values of honesty. openness. social responsibility and caring for others.
Co-operative principles guides the way in which co-operatives put their values into practice.
Co-operatives are voluntary organisations. open to all persons able to use their services and willing to accept the responsibilities of membership. without gender. social. racial. political or religious discrimination.
Co-operatives are democratic organisations controlled by their members. who actively participate in setting their policies and making decisions. Men and women serving as elected representatives are accountable to the membership. In primary co-operatives members have equal voting rights (one member. one vote) and cooperatives at other levels are also organised in a democratic manner.
Members contribute equitably to. and democratically control. the capital of their cooperative. At least part of that capital is usually the common property of the cooperative. Members usually receive limited compensation. if any. on capital subscribed as a condition of membership. Members allocate surpluses for any or all of the following pumoses: developing their co-operative, possibly by setting up reserves. part of which at least would be indivisible: benefiting members in proportion to their transactions with the co-operative: and supporting other activities approved by the merr1bership.
Co-operatives are autonomous. self-help organisations controlled by their members. If they enter to agreements with other organisations. including governments. or raise capital from external sources. they do so on terms that ensure democratic control by their members and maintain their co-operative autonomy.
Co-operatives provide education and training for their merrtbers. elected representatives. managers. and employees so they can contribute effectively to the development of their co-operatives. They inform the general public -particularly young people and opinion leaders -about the nature and benefits of co-operation.
Co-operatives serve their members most effectively and strengthen the cooperative movement by working together through local. national. regional and international structures.
Co-ooeratives work for the sustainable development of their communities through policies approved by their members.
AND WHEREAS all co-operatives are obligated to contribute towards community development in line with the 7th principle.
Substitution of Table of Contents of Act 14 of 2005 82.
Application of Act SA.
Unlawful use of word "co-ooerative".
[Provisions for all co-operatives] Minimum requirements for all co-operative constitutions 14A.
Provisions where members are required to hold shares 15A.
Provisions for secondary co-operatives and tertiary co-operatives (note we need to do something here) 16A. Tertiary co-operatives 16B.
Powers of registrar in case of reduced numbers of members 26A.
Part 1 Establishment. legal status.
91 A. Establishment of Co-operative Development Agency 91 B. Objectives of Agency 91 C. Functions of Agency 91 D. Functions of Agency in respect of satellite offices 91 E. General Powers of Agency 91 F.
Terms of office of members of Board 91J. Disgualification from membership and vacation of office 9·1 K. Meetings 91 L. Decisions 91 M. Functions of Board 91 N.
91 0. Investigations 91 P. Managing director 91 Q. Appointment of staff 91 R. Delegation by Board 91 S.
91V. Financial management.
91AA.
91 EE.
91 FF. Relationship with higher learning institutions.
91GG. Establishment.
91 HH. Appointment of Co-operatives' Tribunal 9111. Functions of Co-operatives' Tribunal 91JJ. Appointment and composition of inspectors or inspectorate 91 KK. Adjudication of hearings before Tribunal 91 LL. Right to participate in hearing 91 MM. Powers of Tribunal in adjudicating hearing 91 NN. Rules of procedure 9100. Witnesses 91 PP. Appointment. composition and functions of Co-operative Conflict Resolution Commission 91QQ. Right to information 91RR. Summons 91SS. Authority to enter and search under warrant 91TT. Powers to enter and search 91UU. Conduct of entrv and search 91W.
91 WW. Applicability of intergovernmental relations framework policies and legislation 91 XX. Intergovernmental structures 91 YY. Functions of intergovernmental structures 91 ZZ. Administrative and procedural arrangements 91AAA. Establishment of National Interdepartmental Co-ordination Committee on Co-operatives and Inter-Provincial Co-ordination Committee on Co-operatives 91 888. Establishment of Provincial Interdepartmental and Municipal Co-ordinating Structure 91CCC. Dispute and conflict resolution 91DDD.
94A. Reporting. monitoring.
Schedule 1 A Arrangement in respect of winding up or deregistration of co-operatives Schedule 1 B Arrangements in respect of rudicial management.
This Act is called the Co-operatives Amendment Act, 2010, and comes into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.33942b33En.2012-02-10.en.txt</fn>
DR. ROJi DAVIES MINISTER OF TRADE AND INDUSTRY DATE: 11/11/2010 92 No.
(As introduced in the National Assembly (proposed section 76); explanatory summary of Bill published in Government Gazette No.
To amend the Co-operatives Act, 2005, so as to ensure compliance with the principles for intergovernmental relations and to provide for the intergovernmental relations within the co-operatives sector; and to provide for matters connected therewith.
Insertion of section 91 D in Act 14 Of 2005 1.
91 D. The Agency. in order to achieve its objectives in respect of satellite offices of the Agency00 must appoint the personnel as required to every satellite office after consultation with the provincial Department of Economic Development. the metropolitan municipality or the district municipality.
all in consultation with the Member of the Executive Council responsible for economic development or the Municipal Council whichever the case may be, may. delegate all or some of the functions of the satellite offices to a provincial Department of Economic Development. a metropolitan municipality or a district municipality. as the case may be. subject to any conditions the Agency may impose in respect of such delegation.
94 No.
Insertion of Chapters 120 in Act 14 of 2005 2.
91 WW. Intergovernmental relations between the three spheres of government and specifically& the Department: {bl provincial government departments responsible for economic development: {g_ municipalities: @ provincial public entities: &l municipal public entities: {!)_ the Agency: (g)_ the Tribunal: {j)_ the Co-operative Dispute Resolution Commission: Ul structures established in accordance with a provision of this Act: (!sl structures established in accordance with a provision of any other national law; and Ul structures established in accordance with provincial law. must be interpreted in accordance with national and the applicable provincial transversal. policies and legislation regulating intergovernmental relations.
91XX.
;& functioning at the commencement of this Act: or {bl established or recognised as contemplated in national or provincial legislation. will continue to function as contemplated in the relevant enabling legislation.
{bl any other intergovernmental local government structure established by the Minister after consultation with the Minister responsible for co-operative government and traditional affairs as contemplated inill. this Act: and ® any other national legislation.
@ The Minister. after consultation with the Minister responsible for co-operative government and traditional affairs may. by notice in the Gazette. declare provisions of this Act applicable to any structure contemplated in this section.
Intergovernmental structures established as contemplated in this Act. must. in addition to their functions contemplated in this Act. comply with the national framework contemplated in section 91 CCC, and the applicable provincial. transversal policies and legislation regulating intergovernmental structures.
91 VV. An intergovernmental structure established as contemplated in this Act.
(Q)_ ensure the co-ordination of planning. budgeting. provisioning of services and support to. and monitoring and evaluation in respect of.
(g)_ submit copies of the approved minutes of all meetings to the Minister.
various Members of the Executive Council responsible for economic development and the entities contemplated in section 91UU.
!& perform any functions and duties as may be determined by the Minister by notice in the Gazette.
91ZZ. Every structure established as contemplated in this section must comply with the framework for administrative and procedural arrangements contemplated in section 91 CCC.
91 AAA. (1) The National Interdepartmental Co-ordination Committee on Co-operatives and the Inter-Provincial Co-ordination Committee on Co-operatives are hereby established.
® The National Interdepartmental Co-ordination Committee on Co-operatives must co-ordinate all co-operatives development programmes developed by sectoral national departments.
@ The Inter-Provincial Co-ordination Committee on Cooperatives must co-ordinate all co-operatives development programmes developed at provincial level.
96 No.33942 GOVERNMENT GAZETTE, 21 JANUARY 2011 ffi The National Interdepartmental Co-ordination Committee on Co-operatives and the Inter-Provincial Co-ordination Committee on Cooperatives must meet on a quarterly basis to discuss matters of mutual interest.
91 BBB. (1) A Provincial Interdepartmental and Municipal Coordinating Structure must be established in every province by the provincial Department of Economic Development concerned.
gl The Provincial Interdepartmental and Municipal Coordinating Structure must&1. develop provincial co-operatives strategies in consultation with all relevant stakeholders: Provided that the strategies must be guided by this Act. the national co-operative policy.
@ co-ordinate the co-operative development and support activities of all provincial government departments dealing with co-operatives: (Q)_ co-ordinate the provision of support of co-operatives across departments aligned with provincial priorities and the priorities of the Department: @ report to the Provincial Legislature concerned and the Department: &1.
{gl co-ordinate with all municipalities as regards the promotion of. and the provision of support for. co-operatives. and submit reports in this regard as contemplated in this section.
91 CCC. Any dispute or conflict in respect of the exercise. performance and carrying out by an entity contemplated in section 91 UU of its powers. functions and duties. as contemplated in this Act or any other law. must be resolved in accordance with the framework contemplated in section 91 CCC.
91 DOD.
@ publish the framework contemplated in paragraph aJ by notice in the Gazette within six months after commencement of the Co-operatives Amendment Act.
£21 Every intergovernmental structure recognised or established in accordance with this Act must comply with the framework contemplated in subsection 1.
This Act is called the Co-operatives Second Amendment Act, 201 0 and comes into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.3394536En.2012-02-10.en.txt</fn>
STAATSKOERANT, 21 JANUARIE 2011 No.
The Minister of Justice and Constitutional Development intends introducing the Constitution Amendment Bill of 2011, in the National Assembly. The Bill is hereby published for public comment in accordance with section 74(5)(a) of the Constitution of the Republic of South Africa, 1996. Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister of Justice and Constitutional Development. Comments should kindly be directed for the attention of Mrs. C van Vuuren, Private Bag X 81, Pretoria, 0001, by not later than 15 March 2011. (Electronic mail address: cvanvuuren@justice.gov.
To amend the Constitution of the Republic of South Africa, 1996, so as to transfer the provincial functions relating to further education and training and adult education and training to the national level of government; and to provide for matters connected therewith.
Part A of Schedule 4 to the Constitution of the Republic of South Africa, 1996, is hereby amended by the substitution for the expression "Education at all levels, excluding tertiary education" of the expression "Education in schools".
This Act is called the Constitution Amendment Act of 2011, and comes into operation on a date determined by the President by proclamation in the Gazette.
BACKGROUND Presidential Minute No. 690 of 2009 created the Department of Higher Education and Training. The Department of Education was abolished and the Department of Basic Education was created. Following this re-organisation of government, Proclamation No. 44 of 2009, published in Government Gazette. No. 32367 of 1 July 2009 transferred the administration of the Adult Basic Education and Training Act, 2000 (Act No. 52 of 2000), and the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), from the Minister of Basic Education to the Minister of Higher Education and Training. In terms of Part A of Schedule 4 to the Constitution of the Republic of South Africa, 1996 (the Constitution), education at all levels, excluding tertiary education, is a functional area of concurrent national and provincial legislative competence. The purpose of the Bill is to remove legislative competence in respect of furthered ucation and training and adult education and training from the functional areas of concurrent national and provindal competence.
2.1 Clause 1 seeks to amend Part A of Schedule 4 to the Constitution by replacing the expression "Education at all levels, excluding tertiary education" with the expression "Education in schools". If the amendment is passed, only education at school level will be a functional area of concurrent national and provincial legislative competence and all other levels of education will be an exclusive national legislative competence.
Clause 2 contains the short title and commencement provision of the Bill.
3.1 The Department of Higher Education and Training was consulted, which, in turn, consulted the Council of Education Ministers. This forum consists of the National Minister of Higher Education and Training and Members ofthe Executive Councils of all the nine provinces responsible for education.
IMPLICATIONS FOR PROVINCES The Bill will transfer the powers and functions relating to further education and training and adult education and training from the various provincial administrations to the national level of government.
the amendment relates to a matter that affects the National Council of Provinces.
<fn>GOV-ZA.3394637En.2012-02-10.en.txt</fn>
The Minister of Justice and Constitutional Development invites interested parties to comment on the Muslim Marriages Bill. Any person wishing to comment on the Bill is invited to submit written comments to the Minister of Justice and Constitutional Development not later than 15 March 2011.
Background: The Bill emanates from an investigation by the South Mrican Law Reform Commission (the SALRC) on Islamic Marriages and Related Matters. Its report on the matter contains legislative proposals in the form of a Muslim Marriages Bill. The aim of these legislative proposals is to provide statutory recognition of Muslim marriages in order to redress inequities and hardships arising from the non-recognition of these marriages.
The Bill is applicable to persons who adhere to the Muslim faith and who elect to be bound by its provisions. In other words, it contains an opting out provision for persons who do not wish to be bound by it. The need for this legislation finds support in section 15(3) of the Constitution. This section provides that the right to freedom of religion, belief and opinion does not preclude legislation recognising marriages concluded under any tradition, or a system of religious, personal or fannly law; or systems of personal and family law under any tradition, or adhered to by persons professing a particular religion.
The Bill sets out a statutory framework for the legal recognition of Muslim marriages and their consequences.
To make provision for the recognition of Muslim marriages; to specify the requirements for a valid Muslim marriage; to regulate the registration of Muslim marriages; to recognise the status and capacity of spouses in Muslim marriages; to regulate the proprietary consequences of Muslim marriages; to regulate the termination of Muslim marriages and the consequences thereof; and to provide for matters connected therewith.
In this Act, unless the context otherwise indicates"court" means a High Court of South Mrica, or a court for a regional division as provided for in section 29(1B) of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944); "Deeds RegistIies Act" means the Deeds Registries Act, 1937 (Act No. 47 of 1937); "deferred dower" means the dower or part thereof which is payable on an agreed future date but which, in any event, becomes due and payable upon the dissolution of a nlarriage by divorce or death; "dispute" means a dispute or an alleged dispute relating to the interpretation or application of any provision of this Act or any applicable law; "Divorce Act" means the Divorce Act, 1979 (Act No.
Mediation in Certain Divorce Matters Act, 1987 (Act No.
the husband is a spouse in more than one Muslim marriage and fails to treat his wife just!
to a Talaq expressly pronounced as irrevocable at the time of pronouncement; and to the pronouncement of a third Talaq; "Islamic Law" means the law as derived from the Holy Qur'an, the Sunnah (prophetic model), the consensus of Muslim Jurists (Isma) and analogical deductions based on the primary sources (Qiyas); "Khula' " means the dissolution of the marriage bond at the instance of the wife, in terms of an agreement for the transfer of property or other permissible consideration between the spouses according to Islamic law; "maintenance court" means a maintenance court as referred to in section 3 of the Maintenance Act, 1998 (Act No. 99 of 1998); "Marriage Act" means the Marriage Act, 1961 (Act No.
Islam (Daruriyyat AI-Din); "Muslim marriage" nleans a maniage between a man and a woman contracted in accordance with Islamic law only; "prescribed" means prescribed by regulation made under section 14; "prompt dower" means the dower or part thereof which is payable at the time of the conclusion of a marriage or immediately thereafter upon demand by the wife; "Registrar of Deeds" means the Registrar of Deeds appointed in temlS of section 2 of the Deeds Registries Act; "revocable Taliiq" means a Taliiq Raj'I which does not terminate the marriage before the completion of the 'Iddah, and in terms of which the husband may, for the purposes of reconciliation, resume conjugation before the expiry of the 'Iddah only; "Ta!wfd al-Taliiq" means the delegation according to Islamic Law by the husband of his right of Taliiq to the wife or any other person, either at the time of the e:onclusion of the marriage or during the subsistence of the marriage, so that the wife or the appointed person may terminate the marriage by pronouncing a Taliiq strictiy in accordance with the terms of such a delegation; "Taliiq" means the dissolution of a Muslim marriage, immediately or at a later stage, by a husband or his agent by using the word Taliiq or a synonym or derivative thereof in any language; and "this Act" includes the regulations.
The provisions of this Act apply to Muslim marriages concluded after the commencement of this Act where the parties to the marriage elect, in the prescribed manner, to be bound by the provisions of this Act.
The provisions of this Act apply to Muslim marriages concluded before the commencement of this Act, unless the parties, within a period of 36 months or such longer period as may be prescdbed, as from the date of the commencement of this Act, jointly te elect, in the prescribed manner, not to be bound by the provisions of this Act, in which event the provisions of this Act do not apply to such a marriage.
The law applying to a Muslim marriage in respect of which the parties have elected not to be bound by the provisions of this Act, is the law as it was before this Act came into operation.
do not apply to a civil marriage solemnised under the Marriage Act after the commencement of this Act; and do not apply to a customary marriage registered under the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998).
A Muslim marriage to which this Act applies and in respect of which all the requirements of this Act have been complied with, is, for all purposes, recognised as a valid marriage.
A wife and a husband in a Muslim marriage are equal in human dignity and both have, on the basis of equality, full status, capacity and financial independence, including the capacity to own and acquire assets and to dispose of them, to enter into contracts and to litigate.
Any dispute arising from a Muslim marriage which was concluded but terminated before the commencement of this Act, must be dealt with in terms of the provisions of this Act, unless the parties, by agreenlent in the prescribed manner, elect to have the dispute dealt with outside the provisions of this Act.
(a) Where a dispute arises between a husband in a polygamous marriage, and one or more of his spouses, and the dispute is pending before a court of competent jurisdiction, and irrespective of whether the dispute is in relation to a marriage governed by the provisions of this Act or not, all spouses to whom the husband is married must be given notice of the dispute.
In making an order pursuant to the provisions of paragraph (a), the court must take into account the rights of all affected parties.
the provisions of this section and sections 6 and 7 nlust have been complied with.
No spouse in a Muslim marriage to whom this Act applies may subsequently conclude a marriage under the Marriage Act or any other law governing marriages, except this Act, during the subsistence of such a Muslim marriage.
If a marriage is concluded in contravention of the provisions of subsection (2), such a purported marriage is deemed to be null and void.
Ifeither of the prospective spouses is a minor, the Wal(guardian) of the minor must conclude the marriage on behalf of the minor.
The Cabinet nlember responsible for home affairs or any Muslim person or Muslim body authorised in writing thereto by him or her, may grant written permission to a person under the requisite age to conclude a Muslim marriage if the Cabinet member or the person or body in question considers the marriage to be desirable and in the interests of the parties in question.
If a person under the requisite age has concluded a Muslim marriage without the written pernlission of the Cabinet member or person or body authorised by him or her, the Cabinet member or the person or body in question may, if he, she or it considers the marriage to be desirable and in the interests of the parties in question, and ifthe marriage was in every other respect in accordance with the provisions of this Act, declare, in writing, that the marriage is a valid Muslim marriage for all purposes.
Nothing contained in this section precludes a person under the age of 18 years, assisted by the Family Advocate, from approaching a court for appropriate relief.
The prohibition of a Muslim marriage between persons on account of their relationship by blood or affmity or fosterage, or any other reason, is determined by Islamic law.
concluded before the commencement of this Act, unless the parties have elected not to be bound by the provisions of this Act as provided for in section 2(2), must be registered in the prescribed manner within a period of two years after the conlmencement of this Act or within such longer period as the Cabinet member responsible for home affairs may, from time to time, determine by notice in the Gazette; or concluded after the commencement of this Act, where the parties have elected to be bound by the provisions of this Act as provided for in section 2(1), must be registered as prescribed at the time of the conclusion of the marriage or within any longer period as the Cabinet member responsible for home affairs may, from time to time, determine by notice in the Gazette.
No marriage officer may register any marriage unless each of the parties in question produces to the marriage officer his or her identity document issued under the provisions of the Identification Act, 1997 (Act No. 68 of 1997), or his or her birth certificate issued under the provisions of the Birth and Deaths Registration Act, 1992 (Act No.
one of the parties, who is a foreign national, furnishes the marriage officer with proof of his or her lawful sojourn in the Republic, together with his or her original passport or travel document and a prescribed affidavit sworn to. before an officer of the Department of Home Affairs, or, in cases of refugees, an original copy of his or her Refugee Identity Document issued in terms of the provisions of the Refugees Act, 1998 (Act No.130 of 1998); or each of the parties, who is a widow or widower, as the case may be, furnishes the marriage officer with a copy of his or her deceased spouse's death certificate issued under the provisions of the Birth and De3ths Registration Act, 1992, or any other law applicable to a foreign national.
issue to the spouses a certificate of registration, bearing the prescribed particulars; and immediately, in the prescribed manner, submit the relevant records to the nearest office of the Department of Home Affairs.
A Muslim marriage must be concluded in accordance with the formulae prescribed in Islamic law, including zawwajtuka and ankahtuka ("I marry you (to) ").
If the marriage officer is satisfied that the requirements for a valid Muslim marriage were not complied with, he or she must refuse to register the marriage.
A court may, upon the application any of the spouses, order the registration of any Muslim marriage; or the cancellation or rectification of any registration of a Muslim marriage effected by a marriage officer.
A certificate of registration of a Muslim marriage issued under this section or any other law providing for the registration of Muslim marriages constitutes prima facie proof of the existence of the Muslim marriage and of the particulars contained in the certificate.
Any marriage officer who knowingly registers a marriage in contravention of the provisions of this Act, is guilty of an offence and liable on conviction to a fine not exceeding R20 000.
Any person who facilitates the conclusion of a Muslim marriage, irrespective of whether that person is a nlarriage officer or not, must inform the prospective spouses that they have a choice whether or not to be bound by the provisions of this Act.
If the parties to a proposed marriage elect to be bound by the provisions of this Act as provided for in section 2(1), the person facilitating the marriage referred to in paragraph (a) must direct the parties to a marriage officer for purposes of registering the Muslim marriage so facilitated.
The person facilitating the marriage referred to in paragraph (a) who fails to comply with the provisions of paragraph (b), is guilty of an offence and liable upon conviction to a me not exceeding R20 000.
(1)(a) does not affect the validity of the marriage.
Ifparties appear before a marriage officer for the purpose of concluding a Muslim marriage with each other and the marriage officer reasonably suspects that either of them is of an age which debars him or her from concluding a valid Muslim marriage without the consent or permission of some other person, the marriage officer may refuse to register a marriage between them, unless he or she is furnished with the required consent or permission in writing, or with satisfactory proof showing that the party in question is entitled to conclude a marriage without consent or permission.
A Muslim marriage to which this Act applies is deemed to be a marriage out of community of property excluding the accrual system, unless the proprietary consequences governing the marriage are regulated by nlutual agreement of the spouses, in an antenuptial contract which must be registered in the Deeds Registry in the case of a marriage concluded before the commencement of this Act, and if at the time of the conclusion thereof a written agreement regulating the proprietary consequences of the marriage existed between the spouses, within 12 months from the date of commencement of this Act; and in the case of a marriage concluded after the commencement of this Act, within three months from the date of execution of the contract, or within any extended period as the court may, on application, allow.
Subject to subsection (1), the provisions of the Deeds Registries Act apply, with the changes required by the context, to the registration of an antenuptial contract referred to in that subsection.
sufficient written notice of the proposed change has been given to all creditors of the spouses for amounts exceeding RSOO or any other amount as may be determined by the Cabinet member responsible for the administration of justice by notice in the Gazette; and no other person will be prejudiced by the proposed change, order that the matrimonial property system applicable to the marriage or marriages will no longer apply and authorise the parties to the marriage or marriages to enter into a written contract in terms of which the future matrimonial property system of their marriage or marriages will be regulated on conditions determined by the court.
In the case of a husband who is a spouse in more. than one Muslim marriage, all persons having a sufficient interest in the matter, and in particular the husband's existing spouses, must be joined in the proceedings.
Where the husband is a spouse in an existing civil marriage, and in a Muslim marriage, all his existing spouses must be joined in those proceedings.
A husband in a Muslim marriage, to which this Act applies, who wishes to conclude a further Muslim marriage with another. woman after the commencement of this Act must apply to court for approval to conclude a further Muslim marriage in terms of subsection (7); and for approval of a written contract which will regulate the future matrimonial property system of his marriages.
When considering the application in terms of subsection (6), the court must grant approval if it is satisfied that the husband is able to nlaintain equality between his spouses as is prescribed by the Holy Qur'an.
If a court grants approval for a husband to conclude a further Muslin1 marriage as provided for in paragraph (a) it may, in the case of an existing marriage which is in community of property or which is subject to the accrual system or other contractual arrangement, terminate the matrimonial property system which is applicable to that marriage and may order an immediate division of the joint estate concerned in equal shares, or on such other basis as the court may deem just; or order the immediate division of the accrual concerned in accordance with the provisions of Chapter 1 of the Matrimonial Property Act, 1984 (Act No. 88 of 1984), or on any other basis as the court may deem just.
The court must make an order in respect of the prospective estate of the spouses concerned as is mutually agreed, or, failing any agreement, the marriage is deemed to be out of community of property, unless the court, for compelling reasons, decides otherwise.
All persons having a sufficient interest in the matter, and in particular the applicant's existing spouse or spouses and his prospective spouse, must be joined in the proceedings instituted in terms of subsection (6).
If a court grants an application as provided for in subsection (3) or (6), the registrar or clerk of the court, as the case may be, must furnish each spouse with an order of the court including a certified copy of the contract and must cause the order and a certified copy of the contract to be sent to each Registrar of Deeds of the area in which the court is situated for the purposes of recording the agreement in terms of section 3(1)(w) of the Deeds Registries Act.
No marriage officer may register a second or subsequent Muslim marriage, unless the husband provides the marriage officer with the order of the court granting the required approval in terms of subsection (7).
A husband who concludes a further Muslinl marriage while he is already married, without the permission of the court, in contravention of subsection (6), is guilty of an offence and liable on conviction to a fine not exceeding R20 000.
Any person who intentionally prevents another person from exercising any light conferred under this Act, is guilty of an offence and liable upon conviction to a fine or to imprisonment for a period not exceeding one year.
The provisions of section 2 of the Divorce Act apply, with the changes required by the context, in respect of the jurisdiction of a court for the purposes of this Act.
Notwithstanding the provisions of section 3(a) of the Divorce Act or anything to the contrary contained in any law or the common law, a Muslim marriage rnay be dissolved by a court on any ground permitted by Islamic law and the provisions of this section also apply, with the changes required by the context, to an existing civil maniage insofar as the parties have, in the prescribed manner, elected to make the provisions of this Act applicable to the consequences of their maniage.
The husband must register an irrevocable Taliiq (which takes effect as from the time of pronouncement thereot) immediately, but in any event, not later than 30 days after its pronouncement, with a marriage officer in the magisterial district closest to his wife's residence, in the presence of two competent witnesses, and after due notice to the wife.
The marriage officer may register the irrevocable Taliiq only if the husband satisfies the marriage officer that due notice in the prescribed form of the intended registration was served upon the wife by the sheriff or by substituted service.
The provisions of paragraphs (a) and (b) apply, with the changes required by the context, where the husband has delegated to the wife the right of pronouncing a Taliiq, and the wife has pronounced an irrevocable Taliiq (Tafwzd al-Taliiq), according to the terms of the delegation.
If a spouse disputes the validity of the irrevocable TaHiq, according to Islamic Law, the nlarriage officer may not register it, until the dispute is resolved by the court or pursuant to a written settlement between the spouses.
A spouse must, within 14 days as fronl the date of the registration of the irrevocable Taliiq, institute an action in a competent court for a decree confirming the dissolution of the marriage by way of Taliiq and the action so instituted must be in accordance with the procedures provided for by the applicable rules of court.
if) A copy of the certificate of registration of the irrevocable Taliiq must be annexed to the summons initiating the action referred to in paragraph (e).
an application for maintenance during the 'Iddah period.
An irrevocable Taliiq taking effect before the commencement of this Act is not required to be registered in terms of the provisions of this Act.
Any husband who knowingly and wilfully fails to register an irrevocable Taliiq in accordance with subsection (3) is guilty of an offence and is liable on conviction to a fine not exceeding R20 000.
Where an irrevocable Taliiq has not been registered in accordance with subsection (3), it is nonetheless effective as from the time of its pronouncement.
A court must grant a decree of divorce in the form of a Faskh on any ground which is recognised as valid for the dissolution of marriages under Islamic law, including the grounds set out in the definition ofFaskh in section 1.
The wife must institute an action for a decree of divorce in the form of Faskh in a competent court, which must be in accordance with the procedures provided for by the applicable rules of court.
The institution of an action referred to in paragraph (b) does not preclude a spouse from seeking appropriate relief pendente lite, referred to in subsection (3)(g).
granted upon the application of the husband, has the effect of terminating the marriage, in accordance with Islamic Law.
Spouses who have effected a Khula' must personally and jointly appear before a marriage officer and cause it to be registered in the presence of two competent witnesses.
The marriage officer must register the Khula' as one irrevocable Taliiq, in which event the provisions of subsection (3)(e), (f) and (g) apply with the changes as may be required by the context.
The Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987), and section 6(1) and (2) of the Divorce Act relating to safeguarding the welfare of any minor or dependent child of the marriage concerned, apply to the dissolution of a Muslim marriage under this Act.
A court granting or confirming a decree for the. dissolution of a Muslim marriage has the powers referred to in section 7(1), (7) and (8) of the Divorce Act and section 24(1) of the Matrimonial Property Act, 1984 (Act No.
must, if it deems it just and equitable, in the absence of any agreement between the parties to the marriage regarding the divisi~n of their assets, order that the assets be divided equitably between the parties, where a party has in fact assisted, or has otherwise rendered services, in the operation or conduct of the fami!
must, when making an order for the payment of maintenance, including past maintenance, take into account all relevant factors; and may make an order for a conciliatory gift (mut'ah al-Taliiq) in defined circumstances permitted by Islamic law.
Upon the termination of a marriage by death, the surviving spouse is entitled to lodge a claim against the deceased estate in respect of any unpaid dower, or otherwise in respect of any tangible contribution recognised by Islamic law.
In making an order for the custody of, or access to a minor child, or in making a decision on guardianship, the court must, with due regard to Islamic law and the report and reconlmendations of the Family Advocate, which must take into account Islamic norms and values, consider the welfare and best interests of the child.
Subject to subsection (1), the non-custodian parent nlust be afforded reasonable access to a child.
In the absence of both parents, for any reason, but subject to subsection (1), the court must, in accordance with Islamic law, in awarding or granting custody (al-hadiinah) or guardianship (al-waliiyah) of minor children, award or grant custody or guardianship to any person as the court deems appropriate, in all the circumstances.
An order regarding the custody or guardianship of, or access to, a child made in terms of this Act, may, subject to paragraph (b), at any time be rescinded or varied or, in the case of access to a child, be suspended by a court on good cause shown.
If an enquiry is instituted by the Family Advocate in terms of section 4(1)(b) of the Mediation in Certain Divorce Matters Act, 1987, the court must consider the report and recommendations of the Fanilly Advocate concerning the welfare of minor children in accordance with Islamic Law before making an order referred to in paragraph (a).
Subject to subsection (2), the provisions of the Maintenance Act, 1998 (Act No. 99 of 1998), apply with the changes required by the context, in respect of the duty of any person to maintain any other person.
that a husband's duty to support a child born of the marriage includes the provision of food, clothing, separate accommodation, medical care and education.
Any amount of maintenance determined under this section must be fair and just, having regard to all the circumstances of the case.
A maintenance order made in temlS of this Act may at any time be rescinded or varied or suspended by a court on good cause shown.
Any unpaid arrear maintenance, either mutually agreed to or in terms of a court order, which is due and payable to a wife may not be extinguished by prescription, notwithstanding the provisions of the Prescription Act, 1969 (Act No. 68 of 1969), or any other law.
In the event of a dispute arising during the subsistence of a Muslim marriage or otherwise arising from such a marriage, any party to the marriage may refer the dispute, at any time, whether before or after the institution of legal proceedings as provided for in section 9(3)(e) or (5)(b), but before the adjudication thereof by a court, to a prescribed accredited mediation council.
The mediation council must attempt to resolve a dispute by means of mediation within 30 days from the date of the referral thereof and the parties may each be represented at the mediation proceedings by a representative of their choice.
The mediation council must, upon resolution of the dispute, submit the mediation agreement to court within 45 days and the court must, if it is satisfied that the interests of any minor children are duly protected, confirm the mediation agreement.
Ifthe mediation council certifies that a dispute remains unresolved or if a dispute remains unresolved after the expiry of 45 days from the date of referral thereof, the dispute may be adjudicated by a court.
In the event of a spouse to an existing civil marriage instituting a divorce action in terms of the Divorce Act after the commencement of this Act, the court may not dissolve the civil marriage by granting a decree of divorce until the court is satisfied that the accompanying Muslim marriage has been dissolved.
In the event of the husband, for any reason, refusing to pronounce an irrevocable Talaq, the wife to the accompanying Muslim marriage is entitled to apply for a decree of Faskh in terms of this Act for that purpose only, in which event the provisions of this Act apply, with the changes required by the context.
The matter may, in circumstances referred to in subsection (2), be referred back to the court in order to determine the proprietary or other consequences of the marriage in terms of the Divorce Act and related matrimonial legislation.
Where, in addition to the existing civil marriage, the husband has concluded a further Muslim marriage or marriages which are registrable under this Act, the husband's existing spouse or spouses must be joined in the divorce action referred to in subsection (1).
The provisions of subsection (1) apply with the changes required by the context, to spouses in an existing civil marriage who have elected to adopt the provisions of this Act, as provided for in section 2.
any other matter which is necessary or expedient to provide for the effective registration of Muslim marriages or the efficient administration of this Act.
prescribing the fees payable in respect of the registration of a Muslim marriage and the issuing of any certificate in respect thereof.
Any regulation made under subsection (1) which may result in fmanciaI expenditure for the State must be made in consultation with the Cabinet member responsible for finance.
Any regulation made under subsection (1) may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding one year.
A court is not bound to make an order for costs in favour of the successful party in a divorce action, but the court may, having regard to the means of the parties and their relevant conduct, make an order as it considers just in the circumstances and the court may order that the costs of the proceedings be apportioned between the parties.
In the event of a dispute relating to whether or not a Muslim marriage concluded in a foreign country is recognised as a valid Muslim marriage under this Act, the dispute must be detennined by the court, having regard to all relevant factors, including the principles of conflict of laws and in accordance with Islamic Law.
The Acts specified in the Schedule are hereby amended to the extent set out in the third column of that Schedule.
This Act is called the Muslim Marriages Act, 20 , and comes into operation on a date fIXed by the President by proclamation in the Gazette.
Note: Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments.
Act 47 of 1937 Deeds Registries Act, 1937 1.
Act No and year Extent of repeal or amendmentShort title forms an asset in a joint estate and was registered in the name of the husband only; or is registered in the name of a person who on the date of the registration was a party to a marriage governed by the Recognition of Customary Marriages i\ct, 1998(i\ct~o. 120 of 1998), or a marriage governed by the Muslim Marriages i\ct. 20.., the registrar shall on the written application by the person concerned and on the submission of the deed in question and of proof of the relevant facts, endorse the change in status or make a note to the effect that the said person is a party to a marriage in community of property, as the case may be: Provided that where there are two or more mutually dependent deeds, all such deeds must be submitted for endorsement: Provided further that in the case of an order envisaged in section 7(9)of the Recognition of Customary Marriages i\ct 1998 (i\ct 120 of 1998), or in section of the Muslim Marriages i\ct. 20 , the registrar shall, on submission of the relevant deed and court order and without the necessity of a written application, make the endorsement or note.
Customary Marriages sections.. or..
Customary Marriages Act, 1998, or under sections.. or..
Muslim Marriages Act 20..
Act 81 of 1987 Intestate Succession Act, 1987 1.
Marriages Act. 20 and otherwise includes the spouse of a deceased person in a union recognised as a marriage in accordance with the tenets of any religion: Provided that in the event of a deceased man being survived by more than one spouse.
for the purposes of subsection (1)(C), spouse or spouses each inherits a child's share of the intestate estate or so much of the intestate estate in equal shares as does not exceed in value the amount so fixed as provided for in this section.
Act 27 of 1990 Maintenance of Surviving 1.
Act. 20..
<fn>GOV-ZA.3396043En.2012-02-10.en.txt</fn>
1.1 The Department of Justice and Constitutional Development invites interested parties to submit written comments on the draft Promotion of Access to Information Amendment Bill, 2011(the draft Bill), which is attached as Annexure A. The draft Bill and a note, explaining the background of the proposed amendments, are also available on the website of the Department at the following address: http://www.doj. gov.za.
For further information, please do not hesitate to contact Ms T Skhosana at (012) 315 1724 or Ms I Botha at 012 315 1702.
2.1 The Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (the Act), was enacted to give effect to the right of access to information held by the State and any other person as contemplated in section 32(2) of the Constitution of the Republic of South Africa, 1996. The Act regulates, among others, its application vis-a-vis other legislation. Sections 6 and 86 of the Act are relevant for the purposes of the draft Bill.
2.2 Section 6 of the Act provides that nothing in the Act prevents the giving of access to a) a record of a public body in terms of any legislation referred to in Part 1 of the Schedule; or a record of a private body in terms of any legislation referred to in Part 2 of the Schedule. Part 1 of the Schedule lists two Acts, namely, the National Environmental Management Act, 1998 (Act No.
Act, 2001 (Act No. 38 of 2001). Part 2 of the Schedule only lists the National Environmental Management Act, 1998.
2.3 Section 86(1) of the Act provides that the Minister of Justice and Constitutional Development must within 12 months after the commencement of the Act introduce a Bill into Parliament amending Parts 1 and 2 of the Schedule to include legislation which provide for or promote access to a record of a public body or a private body, respectively. Section 86(2) of the Act is a transitional provision and provides that until the amendment referred to above takes effect access may be obtained in terms of any other legislation which is not mentioned in the Schedule, but which provides for access to records of a public body or private body in a manner, including the payment of fees, which is not more onerous than the manner in which access may be obtained in terms of the Act.
2.4 When reading section 86(2) of the Act it appears that only legislation which provides for access to a record of a public body or private body in a manner that is less onerous than the manner in which access may be obtained in terms of the Act, may be included in the Schedule; and access to records of a public body or private body in terms of legislation not listed in the Schedule, although it meets the criteria in paragraph (a), is only allowed until the amendment of the Schedule in terms of section 86(1) of the Act.
2.5 The aim of the Schedule is to provide an individual who wishes to request access to records held by a public body or private body and who is faced with a choice between utilising the Act or another piece of legislation, with an efficient form of reference to enable him or her to make a choice.
2.6 Soon after the promulgation of the Act, the Department started a process of collating information to be able to amend the Act as required by section 86(1).
The word "legislation" in sections 6 and 82 of the Act covers subordinate legislation, such as rules and regulations. This means that all subordinate legislation providing for less onerous measures to obtain access to records must be reflected in the Schedule. If not, these provisions may not be used, which would be unfortunate.
It has also proven to be an almost impossible task to identify all such subordinate legislative provisions.
Since South Africa has not yet reached a stage where the legislative framework is completed and fully aligned with the Constitution new legislation, containing provisions that promote access to information, is regularly enacted and outdated legislation is regularly repealed. The effect is that the Schedule will continuously be outdated.
It has also been noticed that the mere reference in the Schedule to legislation which can be used in addition to the Act will not assist members of the public much since the Schedule only indicates the section and the Act that will apply without indicating which government Department to approach, which records are accessible and what procedure must be followed.
Other optiC'ns have been explored to attain the aim contemplated in the Schedule, such as requiring information officers to list the required legislation in the manuals required in terms of section 14 of the Act, but some of the same problems indicated above will arise.
provide in section 6 of the Act for access to records of private bodies and public bodies in terms of other legislation.
To amend the Promotion of Access to Information Act, 2000, so as to further regulate the position of access to records in terms of other legislation; and to provide for matters connected therewith.
Substitution of section 6 of Act 2 of 2000 1.
a record of a public body or a private body in terms of any legislation [referred to in Part 1 of the Schedule; or a record of a private body in terms of any legislation referred to in Part 2 of the Schedule] which provides for access to a record of the said bodies in a manner which, including, but not limited to, the payment of fees, is not materially more onerous than the manner in which access may be obtained in terms of Part 2 or Part 3 of this Act.
Repeal of section 86 of Act 2 of 2000 2. Section 86 of the principal Act is hereby repealed.
Repeal of Schedule to Act 2 of 2000, as amended by section 79 of Act 38 of 2001 3. The Schedule to the principal Act is hereby repealed.
This Act is called the Promotion of Access to Information Amendment Act, 2011.
<fn>GOV-ZA.3396244En.2012-02-10.en.txt</fn>
(1 0) If it appears to the ombudsperson that any person is being implicated in the matter being investigated. the ombudsperson shall afford such person an opportunity to be heard in connection therewith by way of the giving of evidence. and such person shall be entitled. through the ombudsperson. to question other witnesses. determined by the ombudsperson. who have appeared before the ombudsperson in terms of this section.
After each investigation contemplated in subsection (7) the ombudsperson shall submit his or her report together with recommendation to the Executive Director for appropriate action.
bJ assign to an Office employee any of his or her duties in terms of this Act.
dJ does not divest the Executive Director of the responsibility concerning the exercise of the power or the performance of the duty.
take samples of any substance that is relevant to the inspection.
[A health officer] An inspector may be accompanied by an interpreter and any other person reasonably required to assist him or her in conducting the inspection.
[A health officer] An inspector may issue a compliance notice to the person in charge of the premises if a provision of this Act has not been complied with.
A compliance notice remains in force until the relevant provision of the Act has been complied with and the [health officer] inspector has issued a compliance certificate in respect of that notice.
If the investigation reveals that a condition contemplated in subsection (1) exists, the [health officer] inspector must endeavour to determine the identity of the person responsible for such condition.
The [health officer] inspector must issue a compliance notice to the person determined to be responsible for any condition contemplated in subsection (1) to take appropriate corrective action in order to minimise, remove or rectify such condition.
seize any document, record, object or material if he or she has reason to suspect that it might be used as evidence in a criminal trial; and examine any activity, operation or process carried out on the premises.
unless it is an item prohibited in terms of this Act, return it as soon as practicable after achieving the purpose for which it was removed.
Upon the request of [a health officer] an inspector acting in term.
Before questioning any person at the premises in question, the [health officer] inspector or police official must advise that person of his or her right to be assisted at the time by an advocate or attorney, and allow that person to exercise that right.
if it appears from information on oath or affirmation that there are reasonable grounds to believe that there is evidence available in or upon such premises of a contravention of this Act.
The warrant may impose restrictions on the powers of the [health officer] inspector.
1} [A health officer] An inspector who has obtained a warrant in terms of section 855} or the police official accompanying him or her must immediately before entering the premises in question on request of the person in charge of such premises, show his or her -certificate of appointment as [health officer] inspector to that person.
[A health officer] An inspector or police official contemplated in subsection (1) may overcome resistance to the entry and search by using such force as is reasonably required, including the breaking of a door or window of the premises.
Before using force, the [health officer] inspector or police official must audibly demand admission and must announce the purpose of the entry, unless there are reasonable grounds to believe that doing so might defeat the purpose of the search.
Entry and search of premises without warrant a) the person who is competent to do so consents to such exercise; or there are reasonable grounds to believe that a warrant would be issued in terms of section 84(5) and that the delay in obtaining the warrant would defeat the object of the warrant.
When a police official acts in terms of section 30 (a) or (b) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), in respect of an item contemplated in subsection (1), he or she must do so after consultation with the [health officer] inspector.
This Act is called the National Health Amendment Act, 2011, and takes effect on a date fixed by the President by proclamation in the Gazette.
Each host city has developed an integrated match day transport plan based on their current public transport infrastructure.
Visit www.capetown.gov.za to find out more.
<fn>GOV-ZA.33En.2012-02-10.en.txt</fn>
The function of the sizing grid is to ensure that the national Coat of Arms is correctly proportioned when manipulated in various sizes and to ensure that there is no distortion or misrepresentation. The national Coat of Arms will always occupy the same space horizontally (272/8XC) and vertically (36XC).
The size of the national Coat of Arms varies according to the size of the platform in which it is used. To ensure proportional consistency, the unit measure C is used to represent the base size from which to scale the national Coat of Arms proportionally.
Note: Do not reconstruct it under any circumstances.
Use artwork supplied.
To accurately capture the fine details of the national Coat of Arms never reproduce the logo less than 20mm in height.
The national Coat of Arms can appear on its own without a descriptive name (The Republic of South Africa) when used for branding and/or communication identification within the Republic of South Africa, or in co-branding State messages or property. To maximise the impact and clarity of the national Coat of Arms, a clear space area has been created around the logo.
<fn>GOV-ZA.34009gon1147En.2012-02-10.en.txt</fn>
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions.
This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
No. 14 of 2010: Local Government: Municipal Electoral Amendment Act, 2010.
Act No. 14 of2010 LOCAL GOVERNMENT: MUNICIPAL EL.
To amend the Local Government: Municipal Electoral Act, 2000, so as to supplement promions relating to the election timetable and insert a related Schedule to the Act; to amend provisions relating to nomination ofcandidates; to provide for central payments ofdeposits by a party whicb contests election inmore than one municipality; to empower presiding ofticers to alter boundaries ofvoting stations, ifnecessary; to revise provisious relating to number of party agents at a voting station; to clarify tbe rights and responsibilities relating to assistance to certain voters; to provide for special votes and the procedure related thereto; to enhance the powers and functioos of tbe Electoral Commission and the Electoral Court in relation to the determination and declaration of tbe result ofan election; to provide for further regulation ofobjections material to the result ofan election; and to provide for matters connected therewith.
Amendment of section 11 ofAct 27 of 2000 1. Section 11 ofthe Local Government: Municipal Electoral Act, 2000 (Act No.
"(a) comp.ile a timetable for the election in accordance with Schedule 3; and"; and the addition of the following subs.
" (3) Any act required to be performed. in terms of this Act must be I 0 performed by no later than a date and time stated in the election timetable.".
Amendment of section 14 ofAct 27 of2000 2.
Act No. 14 of 2010 LOCAL GOVERNMENT: MUNICIPAL ELECTORAL AMENDMENT ACf.
"(b) a [tertified] copy of that page of the candidate's [identification] identity document on which the candidate's photo, name and identity number appear."
"(4) Ifa party omits to attach to its party list [all] any ofthe documents mentioned in subsection (3), the Commission must a) notify the party in writing by no later than the relevant date and time stated in the election timetable; and allow the party to submit the outstanding documents to the office of the Commission's local representative by [not] no later than [a] the date and time stated in the election timetable."
"(5) The Commission must remove from a party list the name of a can 1 ate in respect of whom any outstanding document has not been submitted by the date and time referred to in subsection (4); and who is not registered as a voter on that municipality's segment of the voters' roll."
"(6) The Commission must notify the party ofthe removal ofthe name of the candidate contemplated in subsection (5).".
Insertion of section 14A in Act 27 of2000 3.
Commission at the Coriunission's national office at the prescribed address.
Payments must be made by bank guaranteed cheque before the cut-otf time for . the submission of party lists and every cheque must be accompanied by a notice in the prescribed form specifying the details of each municipality to which the deposits apply.
a prescribed undertalcing, signed by the candidate, to be'-1-:--~-.
(/) a prescribed declaration, signed by the candidate, that he or she is not disqualified from standing for election in terms of the Constitution or any appjcable legislation.
notify the nominating party or person in writing by no later than the date stated in the election timetable; and allow the nominating party or person to submit the outstanding document by no later than a date st<lted in the election timetable.
with; and the candidate is registered as a voter on that municipality's segment of the voters' roll.
"(3) The siding officer may, after consultation with the a ents and mem o secunty semces w are present, at any ume re-determme re-demarcate the boundary of a voting station if it is necessary to do so in order to ensure proper control and security at that voting station.".
Amendment ofsection 39 of Ad 27 of 2000 6.
"(a) one agent per voting station in the ward or, if voting at the voting station takes place in more than one room or separately enclosed area, one agent in respect of each area or room; and".
Amendment of section 48 of Act rT of 2000 7.
"(2) The presiding officer or a voting officer, at the. request of a voter referred to in subsection (l)or a voter who is unable to read, must assist that voter [to cast a vote] in voting and provide such assistance in the presence of-".
Substitution of section 64 ofAct 27 of 2000 9.
Substitution of section 65 of Act 27 of 2000 10.
An interested party may lodge with the Commission an objection maten to t e result of an election, concerrung any aspect of the voting or counting proceedings provided for in Chapter 5 or Chapter 6, respectively; or alleged unlawful interference with or obstruction of election activities or processes in the vicinity of, at or in a voting station; or interference with or influencing, intimidation or obstruction of voters or prospective voters in the vicinity of, at or in a voting station.
a list of supporting documents accompanying the notice of objection; and proof of service of copies of the notice and annexures on all other interested parties.
The Commission may, on good cause shown, condone a late objection.
call upon the objecting party to submit further information or arguments in writing or verbally; or conduct a hearing on the objection.
The Commission must consider the objection and either reject or uphold it.
Ad No. 14 ol 2010 LOCAL GOVERNMENT: MUNICIPAL ELECTORAL AMENDMENT ACT, 2010 reduce the number of votes cast in favour of a party or a candidal.e.
Ifthe Commission decides to uphold the objection after the result of the election had been declared, the Commission may a amend the result; or if it is of the opinion that the seriousness and extent of unlawful conduct or irregularities that occurred may justify the setting aside of the election, refer the objection to the Electoral Court for its decision.
The Commission must immediately notify the objecting party and any other interested parties involved in the objection of its decision in terms of subsection (5).
An objecting party or other party involved in the objection who feels aggrieved by the decision ofthe Commission may, within seven days ofthe Commission's decision, lodge an appeal to the Electoral Court in terms of section 20 of the Electoral Commission Act and the Rules of the Electoral Court.
make an appropriate order; and notify the parties to the appeal of its decision.
make an appropriate order; and must notify the objecting party of its decision.
The declared result of an election is not suspended by an appeal in terms of subsection (9) or a referral to the Electoral Court in terms of subsection C7XbJ.
Insertion of Scbedule 3 in Act 27 of2000 11.
(hereinafter referred to as "the Commission") hereby compiled this election timetable to apply to the (particulars of relevant election) that will be held on (date/s). (A reference to "section" in this election timetable is a reference to that section of the Act and a referenceto "regulation" is a reference to that regulation in the Municipal Electoral Regulations, 2000.
An act required in terms of the Act and the Municipal Electoral Regulations, 2000, to be performed by no later than a date stated in the election timetable must be performed before 17:00 on that date.
The Commission must give notice by (date) that from the date of the notice until the voting day copies of a list of all voting stations and their addresses will be available for inspection at the office of the Commission's local representative.
The Commission must give notice by (date) of the route, including the locations and estimated times of stopping of each mobile voting station.
By (date), the Chief Electoral Officer must certify the voters' roll or the municipality's segments of the voters' roll to be used in this election in terms of section 6(2), and make those segments available for inspection.
S. (1) Registered parties that intend to contest this election in terms of section 14 must nominate and submit a notice of intention to contest, a party list of their candidates and the prescribed deposit with the supporting documents for the election to the office of the Commission's local representative in the prescribed form and manner by (date).
intend to contest a ward in this election in terms of section 17, must submit their nominations and the prescribed deposits with the supporting documentation for the said ward election to the office of the Commission's local representative in the prescribed form and manner by . (date).
Payment of the prescribed deposits in terms of section 14A must be made by (date).
(a) The Commission must notify a registered party that has submitted a party list of candidates in terms of section 14 but has not fully complied with section 14(3), of that non-compliance by (date).
If the notified party takes the opportunity to comply with section 14(3), that party must do so by (date).
(a) The Commission must notify the nominating party or person of a candidate who has not fully complied with section 17(2)(b) and (c), of that . non-compliance by (date).
If the nominating party or person takes the opportunity to comply with section 17(2)(b) or (c), that party or person must do so by (date).
List of parties entitled to contest election and list of candidates.
keep those lists available at the office of the Commission's local representative.
By (date), the Commission must(a) compile and certify for each ward contested in this election, a list of candidates contesting that ward; and (b) keep copies of those lists available at the office of the Commission's local representative.
By (date), the Commission must issue(a) the prescribed candidate certificate to each candidate on the certified party lists in this election; and (b) the prescribed candidate certificate to each candidate on the certified list of ward candidates in this election..
Short title and commencement 15 12. This Act is called the Local Government: Municipal Electoral Amendment Act, 2010, and comes into operation on a date determined by the President by proclamation in the Gazette.
<fn>GOV-ZA.34086Rg9491Gon202En.2012-02-10.en.txt</fn>
No. R.
1.1 These regulations are developed in lieu of the imminent Municipal Elections taking place in 2011. This overview serves to provide a holistic report on the processes undertaken to finalise the regulations. The process commenced with the publication of the draft regulations on party election broadcasts, political advertisements, the equitable treatment of political parties by broadcasting licensees and related matters during municipal elections (the regulations), published in Government Gazette No.33779 on 19 November 2010. An amendment to the draft regulations was effected in Government Gazette Notice 33834 on 3 December 2010, to withdraw Annexure A in the schedule and have it substituted by Annexure B to enhance transparency and subject the formulae to extensive public discussion. The deadline for submissions was set for the 10th of January 2011. Section 57 (3) of the Electronic Communications Act of 2005 (ECA) explicitly requires that; The Authority must consult with the relevant public broadcasting service licensee and all political parties prior to making any determination in terms of developing these regulations (our emphasis).
1.2 In light of the above, workshops were conducted in all the nine (9) provinces. In addition, at the invitation of the Independent Electoral Commission (/EC) workshops were extended to Party Liaison Committee (PLC) in the nine {9) provinces. An invitation was extended to broadcasters including the SABC so that the attendees could also engage the broadcasters on the regulations. The Authority also held meetings with the SABC on the 19th of October 2010 and the 11th of November 2010.
On the 11th of January 2011 one submission was received to which condonation was granted. In the process of finalising the regulations attached, verbal submissions made during the workshops and the formal written submission were considered.
2.1 The questions raised and comments were generally almost the same in all provinces.
They indicated that ICASA is not known, some stated that before our presentations they had never heard of our organisation.
They complain that in the past ICASA has not done enough to clarify its role and involvement during or in preparation for the elections, instead much of the role clarification was left to the IE C.
They argued that radio station representatives failed to attend most of the workshops and commit to fair broadcast of electoral content.
They indicated that there were a lot of incidents that occurred in the previous elections that they strongly feel ICASA needs to address in these coming elections, one of the issues was that radio presenters tend to take sides; they speak negatively about other parties and promote the manifesto of certain parties to the detriment of opposing parties.
The other issue that was raised the most was the absence of the broadcasters, especially the SABC, since they are the most affected by the regulations. Concerns centred on the SABC's editorial policy, specifically the conduct of presenters and journalists during the coverage and broadcast of news material and comments regarding elections. Parties also raised concerns regarding favouritism on coverage of events such as rallies. They indicated that prior to elections SABC must avoid broadcasting political rallies of specific parties and not covering the rallies of other parties. The smaller parties are usually sidelined and not given proper coverage as compared to the bigger parties.
The general view expressed at the workshop was that the formula was biased towards bigger and established political parties. It became apparent that political parties that had a concern with the formula were mostly "smaller" parties, new parties and independent candidates. The latter argued that the big parties have the funds to pay for PA's yet they are given the most time allocation for PEB's. ICASA should assist political parties who cannot afford PA's by giving them maximum free air~time as small parties need to grow and the media is the best platform for that growth. Proportional split does not represent a free and fair election.
The Authority is not of the view that the formula was designed to be biased towards bigger political parties. The Authority is guided by the principle of proportional representation as outlined in section 157 of the Constitution and equitability as stated in section 57 of the ECA. Section 57 of the EGA does not provide for independent candidates; however should the number of independent candidates rise significantly in these elections, the Authority will consider making a submission during the legislative amendment process of the EGA. It should be noted that research undertaken by the South African Institute of Race Relations suggests that several independent candidates from the previous elections have now joined political parties {See South Africa Survey 2009/20 10: Politics and Government published by the South African Institute of Race Relations.
It was stated by some that the formula is unfair by considering historical data when other parties were not in existence.
The Authority provides for all political parties as registered by the IEC in 2011 to obtain a minimum of two minutes for the broadcast of PES's. Therefore all political parties regardless of their history, size and tenure have an opportunity to make their views known on public broadcasting.
It was asserted by some that the methodology used in determining the allocation is unconstitutional because the constitution encourages a multi party democracy which is interpreted to encourage all parties to participate fairly in the election process. The Constitution as the supreme law takes precedent over the ECA which permits equitable treatment. Parties also questioned the Authority's understanding of term ''equitably and its application in the formula.
The Authority is of the view that the concepts equitable and equal are not synonymous. Equal generally refers to giving similar treatment or equal subjection anecdotally the French say: "The Law in its majesty draws no distinction but forbids rich and poor alike from begging in the streets or from sleeping in the public parks". The Oxford Dictionary defines equal as being the same in quantity, size, degree and value. Equitable on the other hand generally means just/ fair/ impartial. Accordingly the Authority has allowed for a minimum of 2 minutes for each registered political party so that all parties are heard on the public broadcaster by the electorate. The allocation of additional minutes are based on the principle of proportional representation thereby allowing political parties who have won the most number of seats to secure the most minutes. By so doing the Authority allows the public to hear more from and about political parties who are more likely to influence policy decisions affecting the electorate. This principle is also applied in the IEC when they allocate funds to political parties. It is important to note that in the consultation process political parties did not debate the basic allocation -a minimum of two minutes.
Some political parties argued that the independence of ICASA is questionable in view of the possible influence of the ruling party and bias in the Electronic Communications Act of 2005. The Authority is an independent creature of statute as stated in Section 192 of the Constitution. According to Section 3(3) of the ICASA Act the Authority must be impartial and must perform its functions without fear, favour or prejudice. Furthermore, in terms of Section 3{4) the Authority is obliged to function without any political or commercial interference.
Some political parties stated that if the Authority proceeds with the draft allocation formula pertaining to PEBs, then it would be a serious injustice against smaller political parties and would amount to unfair discrimination as the current allocation formula will only benefit the two dominant political parties in the country, but more specially the ruling party.
The Authority will encourage Community and Commercial Broadcasters to broadcast PEBs and PAs especially where the public broadcaster does not have reach. The Authority will request SABC to broadcast PEB's and PAs on all its television and radio stations.
Some attendees were concerned about basing the formula on the number of seats held in 2006 and suggested that since there have been floor crossing and bi-elections the Authority should consider the latest data of seats currently held.
The Authority has the latitude to consider the latest by-election results. However, political parties and individual within political parties are divided on which results the Authority should rely on. In the absence of written submissions promised by the political party representatives the Authority will rely on the bi-election results as they reflect the electorates' most recent sentiments.
The attendees wanted to know the formula that will be used to allocate the SABC 8 slots on different radio stations. The question was on whether the 8 slots will be per SABC radio station or distributed across the SABC radio stations.
As in the past, the radio stations will broadcast PES's across all radio stations.
The regulations must specify the times the PEB's will be broadcast. It was proposed that the time of broadcast of PEBs must not be during the day but in the evening. Other attendees requested three time slots for the PEBs and identified as peak time: Morning, Noon and Evening. The Authority is of the view that if the PES's are broadcast only in the evening which is prime time, this will affect the viability of the broadcasters. The Authority will spread the slots across the day as has been done previously to minimise disruption of normal programming.
In terms of Regulation 8 some of the attendees suggested that there. should be more than one nominated person; each province or region should have a nominated person. For effectiveness and consistency it is important to nominate one person. This will reduce the probability of confusion.
There was a concern that the SABC has an obligation to broadcast PEB's, however, they have no coverage in certain parts of the country. The Authority will encourage Community and Commercial Broadcasters to broadcast PEBs and PAs where the public broadcaster does not have reach.
The attendees enquired why PEBs and PAs cannot follow each other. They do not see a reason for the Authority to prohibit that especially as the SABC/broadcaster will introduce both at the beginning and at the end. They suggested ~hat the Authority lift the prohibition. The Authority would like to ensure that there is no perception that one political party has been awarded more PEB airtime. Despite a top and tail at the beginning and at the end of PEBs and PAs the SABC indicated that there is still confusion.
Clarity was sought on the difference between a PEB and PAin terms of content. The ECA only differentiates in terms of payment and does not refer to content. If the Authority says that the content broadcast as PEB must not be the same as for PA then there should be more clarity on what the content for PEB should entail and what kind of content is allowed for PA. The Authority would like to maximise transparency and erase perception that one political party has been awarded more PEB airtime. There is a policy vacuum, going forward we will conduct a public enquiry to address this matter fully.
Attendees requested clarity between the role of BCCSA and ICASA in terms of complaints related to PES's and PAs. They asked the Authority to make it clear in the regulations that complaints must be forwarded to ICASA and not BCCSA. Regulation 7 specifies that complaints should be forwarded to the Authority.
Regulations 4(9)(a) and 6(6)(a) should also refer to the· Municipal Electoral Act. The Authority agrees with the attendees' suggestion to add the Municipal Electoral Act.
Special monitoring of community broadcasters in the election period was an issue. Community broadcasters are said to be more vulnerable to local politicians before and during election period, thus there was a suggestion that the Authority should monitor community broadcasters differently from mainstream broadcasters. Some political parties expect slots for current affairs because they believe they made the radio station to be what it is. Prior, during and after the Election Broadcast Period the Authority employs a special monitoring team to focus specifically on the municipal elections broadcasting. The SABC is obliged to comply with regulation 10 of the Code of Conduct for Broadcasters.
There is a view that the Authority should have specific penalties and fines on non-compliance to the regulations. The Authority is guided by the prescripts of Section 17H of the ICASA Act which provides for offences and penalties when there is contravention of the regulations.
The attendees also asked whether all broadcasters know their responsibilities around broadcasting of PAs and PEBs, including community and commercial broadcasters that do not have the same mandate as the SABC in terms of PEBs and PAs. The Licensing and Compliance Division conducts workshops for broadcasters to educate them on the regulations upon publication.
It was suggested that community radio should cover political parties within its vicinity or the Authority should come with a plan to ensure that community broadcasters play a part however the requirements be reduced. For example, they can only cover those political parties registered in their area.
3.2.121n some locations issues raised related to how far ICASA's mandate can go. It was asked whether lCASA cannot force commercial broadcasters to do PEBs and PAs in those locations where the public broadcaster cannot reach. The attendees felt that since ICASA give licenses they should be able to demand that commercial broadcasters broadcast such. Section 57(8) of the ECA does not allow the Authority to compel commercial and community broadcasters to broadcast PEBs and PAs.
Another concern was the monitoring of PEBs and PAs on whether ICASA will have the capacity to fully do monitoring of all the broadcasters intending to do the PEBs and the PAs. The Authority employs a special monitoring team to focus specifically on monitoring the broadcast of municipal elections.
Some of the attendees complained that there are turnaround times outrined for the broadcasters in the regulations, however, there is none for the regulator on resolving complaints.(Regulation 7) The Authority will ensure that a turnaround time of 48 hours is adhered to.
Some of the attendees wanted more clarity on the process to be followed when commercial broadcasters want to broadcast party election broadcasts. The commercial broadcasters in attendance suggested that they might want to broadcast PEBs and requested that regulations include a more detailed process of engagement for commercial broadcasters interested in PEB broadcasts. Regulation 4(3) provides that commercial broadcasters that intend to broadcast PEBs must inform the Authority and comply with the regulations.
4.1 In all instances where the political parties had concerns we c.:sked that they should propose alternative measures that should be undertaken by ICASA in resolving those issues.
Equal time must be allocated to all politrcal parties and no proportional split, in 1994 there was no proportional spilt.
ICASA should conduct more workshops to inform the public of its role.
ICASA should consider creating a toll-free number during the elections in order for the complaints to be dealt with promptly.
<fn>GOV-ZA.34114134En.2012-02-10.en.txt</fn>
STAATSKOERANT, 11 MAART 2011 No.
In terms of section 11 of the Local Government: Municipal Electoral Act, 2000 (hereinafter referred to as "the Act''), the Electoral Commission (hereinafter referred to as "the Commission'') hereby compile this election timetable to apply to the elections of all municipal councils that will be held on 18 May 2011. (A reference to "section" in this election timetable is a reference to that section of the Act and a reference to "regulation" is a reference to that regulation in the Municipal Electoral Regulations, 2000.
The Commission must give notice by 21 April 2011 that from the date of the notice until the voting day copies of a list of all voting stations and their addresses will be available for inspection at the office of the Commission's local representative.
The Commission must give notice by 21 April 2011 of the route, including the locations and estimated times of stopping of each mobile voting station.
By 18 March 2011 the Chief Electoral Officer must certify the voters' roll or the municipality's segments of the voters' roll to be used in this election in terms of section 6(2), and make those segments available for inspection.
Registered parties that intend to contest this election in terms of section 14 must nominate and submit a notice of intention to contest, a party list of their candidates and the prescribed deposit with the supporting documents for the election to the office of the Commission's local representative in the prescribed form and manner by 25 11..1arch 2011.
Registered parties and nominators of independent candidates that intend to contest a ward in this election in terms of section 17 must submit their nominations and the prescribed deposits with the supporting documentation for the said ward election to the office of the Commission's local representative in the prescribed form and manner by 25 March 2011.
Payment of the prescribed deposits in terms of section 14A must be made by 25 March 2011.
(1)(a)The Commission must notify a registered party that has submitted a party list of candidates in terms of section 14 but has not fully complied with section 14(3)1 of that non-compliance by 4 April 2011.
If the notified party takes the opportunity to comply with section 14(3), that party must do so by 8 April 2011.
(2)(a) The Commission must notify the nominating party or person of a candidate who has not fully complied with section 17(2){b) and (c), of that non-compliance by 4 April 2011.
If the nominating party or person takes the opportunity to comply with section 17(2)(b) or (c), that party or person must do so by 8 April 2011.
keep copies of those lists available at the office of the Commission's local representative.
(b)the prescribed candidate certificate to each candidate on the certified list of ward candidates in this election.
10.(1) By not later than 3 May 2011 a voter may apply in terms of Regulation 28B(1) to cast a special vote within the voting district where she or he is registered. [Applications for special votes will only be received from 15 April 2011].
On 16 May 2011 voters who had successfully applied to cast their special votes at the voting station, may visit the voting station between OBhOO and 17h00 to cast their special votes.
On 16 and 17 May 2011 voting officers must visit voters who had successfully applied to cast their special votes at their places of residence, to afford them the opportunity to cast their votes there.
<fn>GOV-ZA.34133gon238En.2012-02-10.en.txt</fn>
DEPARTMENT OF BASIC EDUCATION No.
I, Angelina Matsie Motshekga, Minister of Basic Education, hereby publish in terms of section 3(4)(k) of the National Education Policy Act, 1996 (Act No. 27 of 1996) the proposed 2013 School Calendar for public schools as detailed in the accompanying schedule.
All comments must reach the Department of Basic Education not later than one month after the publication of this notice.
Actual no.
<fn>GOV-ZA.34139159En.2012-02-10.en.txt</fn>
The Independent Complaints Directorate is consulting on regulations under section 34 of the Independent Police Investigative Directorate Bill, 2010, with a view to submitting to the Minister of Police for consideration when the Act comes into operation.
The proposed regulations hereunder have been drafted for consultation purposes. An invitation is hereby extended to any person, private or public institution that may have an interest to comment on the draft regulations, within 30 (thirty) days from the date of publication of this Gazette.
Investigative Directorate Act, 2011 (Act No. x of 2011), to make regulations set out in the Schedule hereto.
Executive Director: Independent Police Investigative Directorate by [DATE].
"Public Service Disciplinary Code" means the Disciplinary Code and Procedures for the Public Service as contained in Public Service Co-ordinating Bargaining Council (PSCBC) Resolution 2 of 1999, as amended; "South African Police Service Discipline Regulations" means the regulations published under Government Notice No. R.
"the Act" means the Independent Police Investigative Directorate Act, 2011 (Act No.
For purposes of subregulation (1), the Directorate means the provincial office of the Directorate that has jurisdiction in the area in which a matter listed in section 28(1) of the Act allegedly occurred or originated.
The written report contemplated in subregulation (1) may be submitted to a provincial office by fax or electronic mail, and the relevant provincial head must ensure that the Executive Director is notified of such report in the manner provided for in the guidelines issued by the Executive Director in terms of section 7(3)(e)(i) of the Act.
Proof of the submission of the written report by fax or electronic mail must be retained by the person who submitted such report.
The provisions of this regulation do not preclude a member of the public from lodging a complaint with the Directorate, either on national or provincial level, regarding any matter listed in section 28(1)(a) to (g) of the Act.
A member of the public who lodges a complaint in terms of subregulation (5) must do so in writing, by fax or electronic mail or telephonically as soon as is practicable after becoming aware of a matter listed in section 28(1)(a} to of the Act, and must complete, or may be assisted in completing, a complaint reporting form in a format substantially corresponding with Form 2.
(1} A member of the Directorate designated for the referral, receipt, registration, processing and disposal of complaints must, upon receipt of a complaint as contemplated in regulation 2, determine, in consultation with another designated member of the Directorate and in accordance with the guidelines contemplated in section 7(3)(e}(i} of the Act, whether the complaint falls within the ambit of the provisions of section 28(1)(a) to (g) of the Act.
(2} A complaint which falls outside the ambit of the said provisions must be referred, in writing, to an appropriate authority or institution that is capable of dealing with such complaint, in accordance with the guidelines contemplated in section 7(3}(e)(i} of the Act, within seven days of receipt of the complaint after which the complainant must be informed in writing of such referral.
3} A complaint which falls within the ambit of the said provisions must be registered in a computer-based register allocated for this purpose and the complainant must be informed in writing, within seven days of the receipt of the complaint by the Directorate, that his or her complaint has been received, is being investigated by an identified investigator and the contact details of such investigator.
A complaint lodged with the Directorate at national level may be referred by the Executive Director to a provincial office for investigation, in accordance with the guidelines contemplated in section 7(3)(e)(i) of the Act, in which case the complainant must be notified in writing of such referral.
A complaint which has been registered in terms of subregulation (3) must be disposed of within the time periods contemplated in regulations 4(5), 5(5) and 6(6) respectively.
The investigation of the death of a person in police custody or the death of a person as a result of police action must be done in accordance with this regulation, but may be augmented by guidelines issued by the Executive Director in terms of section 7(3)(e)(i) of the Act and any protocol on co-operation between the Directorate, the South African Police Service and Municipal Police Services.
The Executive Director or the relevant provincial head, as the case may be, must designate an investigator to investigate the death of a person in police custody, irrespective of whether such death has occurred as a result of the alleged involvement of a member of the South African Police Service or Municipal Police Services; or who has died as a result of any action on the part of a member of the South African Police Service or Municipal Police Services.
after collecting all evidence, statements and technical reports, if applicable, submit a final report on the investigation of the death containing recommendations regarding further action, which may include disciplinary measures to be taken against a member of the South African Police Service or Municipal Police Services or criminal prosecution of such member, to the Executive Director or the relevant provincial head, as the case may be.
In the event of a death in police custody that has occurred as a result of the alleged involvement of a member or members of the South African Police Service or Municipal Police Services or a death which is the result of the action of such member or members, the investigator, when visiting the scene of death, must, in consultation with the Executive Director or the relevant provincial head, as the case may be, make a determination as to whether such member or members must be arrested and when effecting an arrest, must have due regard to the constitutional rights of the person who is arrested and the provisions of sections 39, 40 and 41 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) relating to the arrest of persons.
An investigation into the death of a person in police custody and the investigation of the death of a person who has died as a result from police action must be finalised within the time periods stipulated in the guidelines issued by the Executive Director in terms of section 7(3)(e)(i) of the Act, failing which the investigator must include reasons for failure to comply with these periods in the report contemplated in subregulation (3)(i): Provided that any expert reports that may be required are furnished within the time periods referred to.
An investigator designated to investigate a death in terms of this regulation must inform the complainant, and if the complainant is not a member of the deceased's next-of-kin, the next-of-kin in writing of the progress made with the investigation at least once per calendar month.
consider the desirability of reconstructing the scene of death; and proceed with a full investigation and compile a final report.
take the police docket over for further investigation; and finalise the police docket for submission to the relevant Director of Public Prosecutions together with recommendations relating to further actions and a report on the investigation.
The provisions of section 7(4} of the Act, in the case of the Executive Director, and the provisions of section 21 (1)(d), in the case of a provincial head, apply in the event that an investigation in terms of this regulation requires the criminal prosecution of a member of the South African Police Service or Municipal Police Services.
(1 0) If the report contemplated in subregulation (3)(i) contains recommendations regarding disciplinary action against a member of the South African Police Service or Municipal Police Services, such report, if submitted to a provincial head, must forthwith be furnished to the Executive Director for purposes of compliance with section 7(6) of the Act.
The investigation of criminal matters contemplated in subregulation (2) must be done in accordance with this regulation, but may be augmented by guidelines issued by the Executive Director in terms of section 7(3)(e)(i) of the Act and any protocol on co-operation between the Directorate, the South African Police Service and Municipal Police Services.
a member of the South African Police Service or Municipal Police Services is involved in corruption; or a person has been raped while in police custody other than by a member of the South African Police Service or Municipal Police Services.
the provisions of sections 28(3), 32(1), 33(1), 36 and 37 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No.
in the case of an offence under the Prevention and Combating of Corrupt Activities Act, 2004 (Act No.
visit all identified witnesses for purposes of obtaining statements that may assist in the investigation; and after collecting all evidence, statements and technical reports, if applicable, submit a final report on the investigation of the relevant offence contemplated in subregulation (2) to the Executive Director or the relevant provincial head, as the case may be, containing recommendations regarding further action, which may include disciplinary measures to be taken against a member of the South African Police Service or Municipal Police Services or criminal prosecution of such member.
The provisions of regulation 4(4) apply with such changes as may be required by the context to the arrest of a person in terms of this regulation.
An investigation contemplated in this regulation must be finalised within the time period stipulated in the guidelines issued by the Executive Director in terms of section 7(3)(e)(i) of the Act, failing which the investigator must include reasons for failure to comply with this period in the report contemplated in subregulation (3)(i).
An investigator designated to investigate an offence in terms of this regulation must inform the complainant, and if the complainant is not the victim of the offence, the victim, in writing of the progress made with the investigation at least once per calendar month.
The provisions of section 7(4) of the Act, in the case of the Executive Director, and the provisions of section 21 (1)(d), in the case of a provincial head, apply in the event that an investigation in terms of this regulation requires the criminal prosecution of a member of the South African Police Service or Municipal Police Services.
If the report contemplated in subregulation (3)(i) contains recommendations regarding disciplinary action against a member of the South African Police Service or Municipal Police Services, such report, if submitted to a provincial head, must forthwith be furnished to the Executive Director for purposes of compliance with section 7(6) of the Act.
The discharge of an official firearm by a member of the South African Police Service or Municipal Police Services must be investigated in accordance with this regulation, but may be augmented by guidelines issued by the Executive Director in terms of section 7(3)(e)(i) of the Act and any protocol on co-operation between the Directorate, the South African Police Service and Municipal Police Services.
The Executive Director or the relevant provincial head, as the case may be, must designate an investigator to investigate a complaint that a member of the South African Police Service or Municipal Police Services has discharged an official firearm, whether such member had been on or off duty, and whether any injury has been sustained as a result of such discharge or not.
An investigator designated in terms of subregulation (2) must first conduct a preliminary investigation, to be finalised within the time periqd sjipLJ!~t~d in the guidelines issued by the Executive Director in terms of section 7(3)(e)(i) of the Act, into the discharge of an official firearm to establish whether a full investigation is warranted.
If a preliminary investigation reveals that a full investigation is not warranted, the investigator must, immediately after the preliminary investigation, submit a written report to the Executive Director or relevant provincial head, as the case may be, indicating the reasons as to why a full investigation is not warranted.
visit all identified witnesses for purposes of obtaining statements that may assist in the investigation; and after collecting all evidence, statements and technical reports, if applicable, submit a final report on the investigation to the Executive Director or the relevant provincial head, as the case may be, containing recommendations regarding further action, which may include disciplinary measures to be taken against a member of the South African Police Service or Municipal Police Services or criminal prosecution of such member.
(6} An investigation contemplated in this regulation must be finalised within the time period stipulated in the guidelines issued by the Executive Director in terms of section 7(3}(e}(i} of the Act. failing which the investigator must include reasons for failure to comply with this period in the report contemplated in subregulation (5)(e}.
7} An investigator designated to do an investigation in terms of this regulation must inform the complainant in writing of the progress made with the investigation at least once per calendar month.
The provisions of section 7(4} of the Act, in the case of the Executive Director, and the provisions of section 21(1)(d}, in the case of a provincial head, apply in the event that an investigation in terms of this regulation requires the criminal prosecution of a member of the South African Police Service or Municipal Police Services.
African Police Service or Municipal Police Services, such report, if submitted to a provincial head, must forthwith be furnished to the Executive Director for purposes of compliance with section 7(6) of the Act.
The investigation of matters referred to the Directorate as contemplated in section 28(1)(h) of the Act must be done in accordance with this regulation, but may be a~gmented by guidelines issued by the Executive Director in terms of section 7(3)(e)(i) of the Act and any protocol on co-operation between the Directorate, the South African Police Service and Municipal Police Services.
The Executive Director or the relevant provincial head, as the case may be, must designate an investigator to investigate a matter contemplated in section 28(1)(h) of the Act which had been referred to the Directorate for investigation.
a criminal matter, in which case the provisions of regulation 5 apply with such changes as may be required by the context, notwithstanding the fact that the criminal matter to be investigated may not be listed in subregulation (2) of that regulation; or a matter not dealt with in regulations 4 or 5, in which case the Executive Director or provincial head, as the case may be, must give directions regarding the investigation, the period within which the investigation must be completed and disposal of the referred matter.
An investigator designated to do an investigation in terms of this regulation must inform the person who referred the matter for investigation in writing of the progress made with the investigation at least once per calendar month.
refraining from releasing information about the crime or the crime scene to any unauthorised person, including representatives of the media.
{c) the submission of any other information or documentation required for investigation purposes, as contemplated in section 29(2){c) of the Act, must be conducted in accordance with the relevant procedures applicable to members of the South African Police Service and may be augmented by guidelines issued by the Executive Director in terms of section 7(3){e){i) of the Act.
A member of the Directorate may require written reasons for failure by a member of the South African Service or Municipal Police Services to comply with a request for cooperation regarding any matter contemplated in subregulation (1), and may make recommendations to the Executive Director or relevant provincial head, as the case may be, regarding disciplinary measures to be taken against such member.
All information, whether verbal or in writing, and all documentation acquired during the course of an investigation conducted in terms of the Act and all records pertaining to any such investigation are to be treated as confidential and may not be divulged to any person outside of the Directorate unless authorised to be divulged, in the interests of justice, by the Executive Director or relevant provincial head, as the case may be, in writing; or an Act of Parliament.
All information, documentation and records pertaining to an investigation must be secured at all times in a manner that would effectively prevent access to such information, documentation and records by an unauthorised person.
A member of the Directorate may insist on, and must be granted, access to such confidential information, documentation and records as are reasonably necessary to enable such member to conduct an investigation in terms of the Act, excluding confidential information, documentation and records protected under professional privilege.
Subject to the provisions of section 33(2) of the Act, a member of the Directorate who divulges information, documentation or records or causes such information, documentation or records to be divulged in contravention of subregulation (1) or (2) is guilty of misconduct and is subject to the disciplinary measures contemplated in regulation 13.
The Executive Director may conduct, or authorise any member of the Directorate or any other person to conduct a procedure to test the integrity of any particular member of the Directorate.
the testing of a member of the Directorate for the abuse of alcohol or drugs; or the using of a polygraph or any similar instrument.
A procedure involving a measure contemplated in subregulation (2)(a) may only be performed after approval by the Director of Public Prosecutions having jurisdiction in the area in which the integrity testing will take place, or by his or her delegate; and in consonance with such instructions or guidelines as may be laid down by the National Director of Public Prosecutions or by the Director of Public Prosecutions having jurisdiction in the area in which the integrity testing will take place, or by his or her delegate, as contemplated in section 252A(2)(a) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
A procedure involving measures contemplated in subregulation (2)(b) and (c) may only be performed upon the written approval of the Executive Director, in which case the member of the Directorate whose integrity is being tested must submit to such measures.
A member of the Directorate may not, at any time when reporting for duty, while on duty or while on call for duty, have any evidence of alcohol; or a drug as defined in section 1 of the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992) which may not lawfully be taken or has been taken in a manner which is contrary to the prescription of a registered medical practitioner or the recommendation of the manufacturer of the substance, in his or her breath, blood or urine, as the case may be.
A member of the Directorate who lawfully takes a drug as referred to in subregulation (5)(b) may not perform duties involving operational capacity if the substance may impair such member's capacity to perform the duties without danger to himself or herself or any other person.
In the event of an alcohol test the member of the Directorate whose integrity is being tested must provide a specimen of breath or blood, if requested to do so, and if such member fails or refuses to provide such specimen, he or she may be charged with disobeying a lawful order, command or instruction under regulation 13; and the test, in the case of a speciment of breath, must be performed by using equipment prescribed in regulation 332 of the regulations made under the National Road Traffic Act, 1996 (Act No. 93 of 1996).
In the event of a drugs test the member of the Directorate whose integrity is being tested must provide a specimen of blood or urine to a registered medical practitioner or registered nurse at a place and time specified by the Executive Director, if requested to do so, and if such member fails, unless failure is attributable to a medical condition, or refuses to provide such specimen, he or she may be charged with disobeying a lawful order, command or instruction under regulation 13; and the registered medical practitioner or registered nurse may give such directions as may be reasonably necessary to the member of the Directorate whose integrity is being tested regarding the manner in which the specimen is to be provided.
(9} If a member of the Directorate refuses to submit to a polygraph examination or other similar test, when requested to do so, or if the polygraph or similar test indicates possible deception, the Executive Director may. Instruct such member to subject himself or herself to a security screening as referred to in section 2A of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994), failing which he or she may be charged with disobeying a lawful order, command or instruction under regulation 13.
require such member to subject himself or herself to a security screening as referred to in section 2A of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994); or if appropriate in the circumstances, take disciplinary or other action against such member under regulation 13.
after considering a report referred to in paragraph (c), instruct such member to perform other duties for such time as the Executive Director considers necessary; or if appropriate in the circumstances, take disciplinary or other action against such member under regulation 13.
The measures contemplated in this regulation must be applied with due regard to decency and the right of a member of the Directorate to dignity and privacy.
supplied in the performance of functions in terms of these regulations; or required in terms of any law or as evidence in any court of law or formal disciplinary process.
Any contravention of subregulation (13) is to be regarded as serious misconduct for purposes of regulation 13.
Disciplinary proceedings initiated against a member of the South African Police Service as a result of recommendations by the Directorate in terms of section 30{a of the Act, must be conducted in accordance with the South African Police Service Discipline Regulations.
{2) The recommendations contemplated in subregulation (1) must be contained in a report substantially corresponding with Form 3, and the Executive Director must ensure that such report is submitted to the National Commissioner, and where appropriate, the relevant Provincial Commissioner, as soon as is practicable.
The duty imposed upon the Executive Director under subregulation (2) may be delegated, in writing, by the Executive Director to a suitable member of the Directorate.
{4) The National Commissioner or a person authorised by him or her must acknowleqge receipt, in writing, of the report referred to in subregulation (2) within seven days of receipt of such report.
The Public Service Disciplinary Code apply in the case of disciplinary proceedings to be initiated against a member of the Directorate as a result of the alleged misconduct of such member or failure to comply with a lawful command, order or instruction.
The security screening investigation of a member of the Directorate or investigator contemplated in sections 8(3) and 22(3) of the Act, respectively, must be done in accordance with the provisions of section 2A of the National Strategic Intelligence Act, 1994 (Act No. 39 of 1994).
the management of information and research conducted during the financial year under review; and statistics of cases dealt with by the Directorate on both national and provincial level, including information on the number and nature of cases carried over to the next financial year, and may include recommendations relating to the manner in which deficiencies in practices employed by members of the South African Police Service or Municipal Police Services could be addressed.
These regulations are to be known as the Independent Police Investigative Directorate Regulations, 2011, and come into effect on the date of publication thereof in the Gazette.
1 Duty Station Unit.
Reported to SAPS []Yes [] No Date Reported to SAP?
Protection Order issued [ 1Yes [ 1No Protection Order type Interim [] Final [?
Preferred contact Method (E.g.
<fn>GOV-ZA.34222228aEn.2012-02-10.en.txt</fn>
I, Bonginkosi Emmanuel Nzimande, Minister of Higher Education and Training, after consultation with the Council of Education Ministers in respect of the FETCA Bill, hereby publish the Further Education and Training Colleges Amendment Bill, 2011; the Higher Education Laws Amendment Bill, 2011; and the Skills Development Amendment Bill, 2011, for comment.
The comments should reach the Department within 21 calendar days after publication of this notice.
To amend the Further Education and Training Colleges Act, 2006, so as to remove all references to provincial authority; to substitute functions previously assigned to the Member of the Executive Council with the Minister; to remove all references to the Head of Department and substitute with the Director-General; to provide for the prohibition of a member of Council or a member of staff to conduct business, directly or indirectly with the public further education and training college which business is in conflict of interest with the concerned public further education and training college; to provide for transitional arrangements with regard to public service posts and educator posts, staff, disciplinary measures; and policy made by the Member of the Executive Council under the principal Act or any provincial law, necessary for the effective governance, management and funding of public further education and training colleges; and to provide for matters connected therewith.
Amendment of section 1 of Act 16 of 2006 1.
Amendment of section 3 of Act 16 of 2006 2.
"(1) The [Member of the Executive Council] Minister may, by notice in the Gazette and from money appropriated for this purpose [by the provincial legislature], establish a public college.".
"(3) Despite subsection (2) but subject to subsection (4), a public college may not, without the concurrence of the [Member of the Executive Council] Minister, dispose of or alienate in any manner any movable or immovable property acquired with the financial assistance of the State or grant to any person any real right therein or servitude thereon.".
"(5) The [Head of Department] Director-General may inspect, and must compile an inventory of all[,] the assets of a public college.".
Amendment of section 4 of Act 16 of 2006 3.
"(1) The [Member of the Executive Council] Minister may, by notice in the Gazette, declare any institution providing further education and training as a public college.".
Amendment of section 5 of Act 16 of 2006 4.
"(6) The [Member of the Executive Council] Minister must in the notice contemplated in section 3(1) establish an interim council for the public college for a period not exceeding six months to perform the functions relating to the governance of the college until a council is established in terms of section 9(1).".
"(7) The [Member of the Executive Council] Minister may extend the period referred to in subsection (6) once or for a further period not exceeding six months.".
Amendment of section 6 of Act 16 of 2006 5.
"(1) Subject to subsection (2), the [Member of the Executive Council] Minister may [, in consultation with the Minister and] by notice in the Gazette, merge two or more public colleges into a single college.".
give the councils of the colleges in question and any other interested persons an opportunity to make representations within at least 90 days from the date of the notice referred to in paragraph (b); and consider such representations.
the name of the college; and the physical location and official address of the college.
"(7) The [Member of the Executive Council] Minister may extend the period referred to in subsection (6) once for a further period not exceeding six months.".
Amendment of section 7 of Act 16 of 2006 6.
it is in the public interest; or he or she was so requested by the councils of those colleges.
given the councils of the colleges in question and interested parties an opportunity to make written submissions to him or her within a period of not less than 90 days; and considered all such submissions.
"(3) The [Member of the Executive Council] Minister must, by notice in the Gazette, determine the composition of the single council in a manner that ensures that each public college is equitably represented; and it complies with section 10 (6), (7) and (9).".
Amendment of section 8 of Act 16 of 2006 7.
"(1) The [Member of the Executive Council] IVIinister may by notice in the Gazette, close a public college.".
[consulted with the Minister; (b)] given written notice to the college in question of the intention to close it; [(c)]!.Q.l given notice in the Gazette of his or her intention so to act; [(d)](c) given the council of the college in question and interested parties an opportunity to make written representations within a period of not less than 90 days; and [(e)](d) considered those representations.
all assets and liabilities of such college must, after such closure, be dealt with according to law by the [Member of the Executive Council] Minister; and any assets remaining after payment of all liabilities vest in the [Member of the Executive Council] Minister.
Amendment of section 1 0 of Act 16 of 2006 8.
the substitution for subsection (6) of the following subsection: "(6) The council must, in consultation with the [Member of the Executive Council] Minister, appoint four additional external persons with financial, human resources and legal skills as members of the council.".
the substitution for subsection (7) of the following subsection: "(7) The manner in which the members of the council contemplated in subsection (4) (c) to (g) are to be elected, must, where applicable, be determined by the [Member of the Executive Council] Minister by notice in the Gazette [or in terms of a provincial law] and must, in so far as it is practically possible, ensure that"(a) the functions of the council or interim council are performed according to the highest professional standards; "(b) the council or interim council is broadly representative of the further education and training system and related interests; "(c) the members have a thorough knowledge and understanding of the further education and training sector; "(d) the members appreciate the role of further education and training in reconstruction and development; and "(e) the council is broadly representative of the community served by the public college in respect of race, gender and disability.".
ii} may not have a direct or indirect financial. personal or other interest in any matter to be discussed at a meeting and which entails or may entail a conflict or possible conflict of interest must.
must in writing. inform the chairperson of a meeting. before a meeting.
is obliged to excuse him or herself from the meeting during the discussion of the matter and the voting thereof.
"(1 0) The [Member of the Executive Council] Minister must-".
by notice by notice in the Gazette, or by any other reasonably practicable means, invite nominations for the appointment of the members contemplated in subsection (4) (b); and consider the nominations and appoint the members with due regard to the criteria contemplated in this section.
Amendment of section 14 of Act 16 of 2006 9.
"The establishment, composition, manner of election, term of office, functions and privileges of the student representative council of a public college must be determined by the council after consultation with the students of the college, subject to policy determined by the [Member of the Executive Council] Minister.".
Amendment of section 17 of Act 16 of 2006 10.
"(1) Subject to applicable policy determined by the Minister, the council of a public college determines the admission policy of the college, after consulting the academic board and with the approval of the [Member of the Executive Council] Minister.".
determine the minimum requirements for readmission to study at the public college in question; and number of students who may be admitted for a particular further education and training programme and the manner of their selection; and refuse the readmission of a student who fails to satisfy the minimum requirements for readmission.
Amendment of section 19 of Act 16 of 2006 11. Section 19 of the principal Act is hereby repealed.
Amendment of section 20 of Act 16 of 2006 12.
(1) The college is the employer of all lecturers and support staff.
Subject to this Act, the Labour Relations Act, the Basic Conditions of Employment Act, the Employment Equity Act and any other applicable law, the council must establish posts for lecturers and support staff.
The council must appoint and remunerate staff from the funds allocated in accordance with the norms and standards contemplated in section 23 and other income received by the college from other sources.
Despite anything to the contrary in any other law but subject to this section, the Labour Relations Act or any other collective agreement concluded by a bargaining council that has jurisdiction in respect of employees of a public college, the council must determine the functions, conditions of service and privileges of lecturers and support staff.
The lecturers and support staff are accountable to the principal.
When presenting the annual budget contemplated in section 22 the council must provide sufficient details of any posts envisaged in terms of subsection (2), including the estimated cost relating to the employment of lecturers and support staff in such posts and the manner in which it is proposed that such costs will be met.
The council must adopt a Disciplinary Code for lecturers and support staff in accordance with the college statute.
Higher Education and Training from the post establishment created by the Minister and lecturers appointed in such posts are employed in terms of this Act.
The non-lecturer establishment of a public college is determined in terms of the Public Service Act. 1994 (Proclamation 103 of 1994).
{2) Subject to this Act. the Labour Relations Act.
Subject to this Act, the Labour Relations Act, 1995 (Act 66 of 1995), and any other applicable law, a public college may establish posts for nonlecturers and employ non-lecturer staff additional to the establishment referred to in subsection (1) (b).
A member of staff may not conduct business directly or indirectly with the public further education and training college which business is in conflict of interest with the public further education and training college concerned.
Business referred in subsection (5) relates to conduct that is aimed at receiving any direct or indirect financial personal gain that does not form part of the employment relationship contemplated in subsection (1).
When presenting the annual budget contemplated in section 22{4) the council must provide sufficient details of any posts envisaged in terms of subsections and (3). including the estimated cost relating to the employment of staff in such posts and the manner in which it is proposed that such cost will be met.
(a) The Council must determine the functions. conditions of service and privileges of the staff contemplated in subsections (2) and (3), subject to the applicable labour law and paragraph (b).
who performs the same or equivalent work as such lecturer.
unless collectively agreed to in a bargaining council established in terms of the Labour Relations Act. 1995 (Act 66 of 1995).
The need for representation.
Amendment of section 22 of Act 16 of 2006 13.
the substitution for subsection (2) of the following subsection: "(2) The [Member of the Executive Council] Minister may, subject to the norms and standards determined in terms of section 23, impose a) any condition in respect of an allocation of funding contemplated in subsection (1); and different conditions in respect of different public colleges, different further education and training programmes or different allocations, if there is a reasonable basis for such differentiation.".
the substitution for subsection (3) of the following subsection: "(3) Subject to the requirements in the minimum norms and standards determined in terms of section 23, the [Member of the Executive Council] Minister must determine further appropriate measures for the redress of past inequalities.".
the substitution for subsection (4) of the following subsection: "(4) The [Member of the Executive Council] Minister must, on an annual basis, provide sufficient information to public colleges regarding the funding referred to in subsection (1) to enable the colleges to prepare their budgets for the next financial year.".
Amendment of section 23 of Act 16 of 2006 14.
[the Council of Education Ministers and] the Minister of Finance, determine minimum norms and standards for the funding of public colleges.
Amendment of section 24 of Act 16 of 2006 15.
the substitution of subsection (3) of the following subsection: "(3) If a person lends money or grants an overdraft to a public college without the approval of the [Member of the Executive Council] Minister, the State and the college are not bound by the contract of lending money or an overdraft agreement.".
Amendment of section 25 of Act 16 of 2006 16.
keep complete accounting records of all assets, liabilities, income and expenses and any other financial transactions of the public college as a whole, of its substructures and of other bodies operating under its auspices; and implement internal audit and risk management systems which are not inferior to the standards contained in the Public Finance Management Act, 1999 (Act 1 of 1999).
a duly audited statement of income and expenditure; and a balanced sheet and cash flow statement."; and the substitution for subsection (4) of the following subsectron: "(4) The council of a public college must provide the [Member of the Executive Council] Minister with such additional information as the [Member of the Executive Council] Minister may require.".
Amendment of section 26 of Act 16 of 2006 17. Section 26 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) If the management staff or council of a public college fails to comply with any provision of this Act under which an allocation [from money appropriated by the provincial legislature] is paid to the college, or with any condition subject to which any allocation is paid to the public college, the [Member of the Executive Council] Minister may call upon the management staff or council to comply with the provision or condition within a specified period.".
the substitution for subsection (2) of the following subsection: "(2) If the management staff or council thereafter fails to comply with the provision or condition timeously, the [Member of the Executive Council] Minister may withhold payment of any portion of any allocation [appropriated by the provincial legislature] in respect of the public college concerned.".
give such management staff or council a reasonable opportunity to make representations; and consider such representations."; and the substitution for subsection (4} of the following subsection: "(4) If the [Member of the Executive Council] Minister acts under subsection (2}, a report regarding the action must be tabled [in the provincial legislature by the Member of the Executive Council) as soon as reasonably practical after the action.".
Amendment of section 28 of Act 16 of 2006 18.
"(a) registered or recognised as a juristic person in terms of the Companies Act, 1973 (Act 61 of 1973} or the Companies Act. 2008 (Act 71 of 2008), upon enactment; and".
Amendment of section 31 of Act 16 of 2006 19.
"(b) The registrar must notify the relevant Head of Department of the registration of a private college in that province.(c)) If the registrar decides not to grant the application, the registrar must advise the applicant in writing of the decision and furnish the applicant with written reasons for the decision.".
Amendment of section 41 8 of Act 16 of 2006 20.
(a} the deletion of subsection (2) and (3): [(2) In determining national policy for education and training at colleges, the Minister shall take into account the competence of the provincial legislatures in terms of section 146 of the Constitution, and the relevant provisions of any provincial law relating to education.
[(3) Subject to the Constitution, national policy shall prevail over the whole or a part of any provincial policy on further education and training if there is a conflict between the national and provincial policies.
Amendment of section 41 D of Act 16 of 2006 21.
the substitution for subsection (1) of the following subsection: (1) Policy contemplated in section 41 B shall be determined by the Minister [after consultation with the Council of Education Ministers established by section 41 H].
Amendment of section 41 E of Act 16 of 2006 22.
"(a) [the Council of Education Ministers established by section 41 H, in respect offurther education and training at colleges; and (b)].".
Amendment of section 41G of Act 16 of 2006 23.
"(2) Each directive issued in terms of subsection (1) shall comply with the provisions of any law establishing a national qualifications framework[, and shall be formulated after consultation with the Council of Education Ministers reffered to in section 41 0(1).].".
the substitution for subsection (3) of the following subsection: "(3) The Department shall undertake the monitoring and evaluation contemplated in subsection (1) by analysis of data gathered by means of further education and training management information systems, or by other suitable meansj, in co-operation with provincial departments of education.".
the deletion of subsection (5): "(5) The Department shall prepare and publish a report on the results of each investigation undertaken in terms of subsection (3) [after providing an opportunity for the relevant provincial education department to comment, which comment shall be published with the report].".
the deletion of subsection (6): "[(6) If a report prepared in terms of subsection (5) indicates that the standards of further education and training provision, delivery and performance in a province do not comply with the Constitution or with the policy determined in terms of section 41 8, the Minister shall inform the provincial political head of education concerned and require the submission, within 90 days, of a plan to remedy the situation.] .".
the substitution for subsection (7) of the following subsection: "(3) A plan in compliance with Public Finance Management Act. 1999 (Act 1 of 1999). [required by the Minister in terms of subsection (6)] shall be prepared by the [provincial education department concerned, in consultation with the Department, and the] Minister and the Minister shall table the plan in Parliament. [with his or her comments within 21 days of receipt, if Parliament is then in session, or, if Parliament is in recess, within 21 days after the commencement of the first ensuing session of Parliament.]".
Amendment of section 41H of Act 16 of 2006 24.
41 H (1) There is hereby established a council, called the Council of Education Ministers, consisting of the Minister, who is the chairperson; and every provincial political head of education.
The Director-General shall attend meetings of the Council of Education Ministers in order to report on the proceedings of the Heads of Education Departments Committee established by section 411, and to advise on any other matter relating to the responsibilities of the Department.
The chairpersons of the Portfolio Committee on Higher Education and Training of the National Assembly and of the Select Committee on Education and Recreation of the National Council of Provinces may attend meetings of the Council of Education Ministers.
share information and views on all aspects of further education and training in the Republic; and co-ordinate action on matters of mutual interest to the national and provincial governments.
The Council of Education Ministers may draw up such rules regarding the convening of its meetings, the frequency of its meetings, the procedure at its meetings, including the quorum for its meetings, and any other administrative or procedural matter it may deem necessary or expedient for the proper performance of its functions or the exercise of its powers.
The proceedings of the Council of Education Ministers shall not be invalid merely by virtue of the fact that there is a vacancy in the Council.
Amendment of section 411 Act 16 of 2006 25.
"[(d) advise the Department on any matter contemplated in sections 418 to 41G and 41J in respect of further education and training, or on any other matter relating to the proper functioning of the national further education and training system.].".
Amendment of section 42 of Act 16 of 2006 26. Section 42 of the principal Act is hereby amended by the deletion of subsection (2) "[(2) A provincial department of education or college must, on the request of the Director-General, provide him or her with any relevant information required to comply with subsection (1).]".
Amendment of section 44 of Act 16 of 2006 27. Section 44 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) A public college must prepare a strategic plan contemplated in the norms and standards for each financial year, which must be approved by the council and submitted to the [Member of the Executive Council] Minister at least 30 days before the commencement of the financial year.".
the substitution for subsection (2) of the following subsection: "(2) A public college must prepare and submit to the [Member of the Executive Council] Minister an annual report in respect of its performance; and its use of available resources.".
the substitution for subsection (3) of the following subsection: "(3) The Minister [or Member of the Executive Council] must publish the reports in a manner determined by the Minister [or Member of the Executive Council].".
Amendment of section 45 of Act 16 of 2006 28. Section 45 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: "(2) Every college must provide such information about the college as is required by the [Head of Department or the] Director-General [in consultation with the Head of Department].".
the substitution for subsection (3) of the following subsection: (3) The [Head of Department,] Director-General and any college must provide such information about the college or the quality of the further education and training as is required by the NBFET.
Amendment of section 46 of Act 16 of 2006 29. Section 46 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: "(1) The [Member of the Executive Council] Minister may appoint a person to conduct an investigation at a public college if the council of the college requests the appointment of such a person or if a) circumstances arise at the colleges that involve financial or other maladministration of a serious nature; or seriously undermine the effective functioning of the college; and the council of the college has failed to resolve such circumstances; and the appointment is in the interests of further education and training in an open and democratic society."
the substitution for subsection (3) of the following subsection: "(3) The [Member of the Executive Council] Minister must as soon as practicable furnish a copy of the report referred to in subsection (2) to the council concerned.".
the substitution for subsection (4) of the following subsection: "(4) If an audit of the financial records of a public college, or an investigation by the person as contemplated in subsection (1), reveals financial or other maladministration of a serious nature at a public college or the serious undermining of the effective functioning of a public college, the [Member of Executive Council may, after consultation with the) Minister may after consultation with [and] the council of the public college concerned, if practicable, and despite any other provision of this Act, appoint a person as administrator to take over the authority of the council or the management of the college and such person may perform all the · functions relating to governance or man<:~gement on behalf of the college for a period determined by the [Member of the Executive Council) Minister, which period may not exceed two years.".
the substitution for subsection (5) of the following subsection: (5) The [Member of the Executive Council] Minister may extend the period referred to in subsection (4) once for a further period not exceeding six months.
Amendment of section 47 of Act 16 of 2006 30. Section 47 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: (1) The council of a public college may, after consultation with interested parties and with the approval of the [Member of the Executive Council] Minister, change the name of the public college.
the substitution for subsection (2) of the following subsection: "(2) The [Member of the Executive Council] Minister must, by notice in the Gazette, publish the change of name of such college.".
Amendment of section 49 of Act 16 of 2006 31.
"(c) Any claim for damage or loss contemplated in paragraph (a) must be instituted against the [Member of the Executive Council] Minister concerned.".
Amendment of section 50 of Act 16 of 2006 32.
any organ of state.
Amendment of section 54 of Act 16 of 2006 33. Section 54 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection (1): "(1) The principal, vice-principal, lecturers and support staff employed by the [State]College on posts approved by the Minister as fully funded posts at 1 January 2012, continue to be so employed until appointed in terms of this Act.".
the substitution for subsection (3) of the following subsection (3): (3) The Education Labour Relations Council (ELRC) and the [PSCBC] GPSSBC continue to be the bargaining council to determine salaries and conditions of employment until the parties agree to establish a new structure relevant to public colleges.
The principal and vice-principals posts which are transferred from the Provincial Education Department to the Department of Higher Education and Training, in terms of section 14 of the Public Service Act, 1994 (Proc 103 of 1994) continue to exist.
Employment of Educators Act, 1998 (Act 76 of 1998) and must be transferred to the post establishment of the Department of Higher Education and Training.
The Director-General of the Department of Higher Education and Training must identify the suitable office within provinces from which the support staff will function.
The provincial offices contemplated in subsection (3) will provide support to the further education and training colleges with regard to planning, coordination, monitoring and reporting of statutory responsibilities assigned to the Minister and adhere to and respect the statutory assignment of functions and responsibilities to the Further Education and Training Council; and perform any function delegated by the Minister or the Director-General, to the manager in the provincial office.
Any disciplinary measures relating to employment of staff as contemplated in subsection (4) will continue under the framework that authorized the commencement of that procedure of the institution.
The process will be transferred to be completed by the respective authority of the Department of Higher Education and Training.
If any person occupying a lecturer's post as contemplated in section 54(1) of this Act, such post must be converted into an equivalent public service post and the incumbent will continue with employment in the converted post under the prescripts and conditions as set out in the Public Service Act, 1994 (Proc 1 03 of 1994).
If any discrepancy exists between a condition of service relating to an educator's post and the public service post, then the conditions of the public service post will prevail.
Notwithstanding subsection (8), during the translation of the post, any condition attached to an educator's post that is more beneficial to the incumbent continues to exist as a benefit personal to that incumbent, until the condition of the public service post are similar or better.
This Act is the Further Education and Training Colleges Amendment Act, 2011 and will come into operation on a date to be determined by the Minister and published in a Government Gazette.
1.1 To amend the Further Education and Training Colleges Act, 2006, so as to remove all references to provincial authority; to substitute functions previously assigned to the Member of the Executive Council with the Minister; to remove all references to the Head of Department and substitute with the Director-General; to provide for the prohibition of a member of Council or a member of staff to conduct business, directly or indirectly with the public further education and training college which business is in conflict of interest with the concerned public further education and training college; to provide for transitional arrangements with regard to public service posts and educator posts, staff, disciplinary measures; and policy made by the Member of the Executive Council under the principal Act or any provincial law, necessary for the effective governance, management and funding of public further education and training colleges; and to provide for matters connected therewith.
The Further Education and Training Colleges Act, 2006 (Act 16 of 2006), (the FETC Act), is the principal Act that is amended by this Bill.
The Bill seeks to amend the Act so as to remove all references to provincial authority; to substitute functions previously assigned to the Member of the Executive Council with the Minister; to remove all references to the Head of Department and substitute with the Director-General.
The Bill seeks to provide for transitional arrangements with regard to public service posts and educator posts, staff, disciplinary measures; and policy made by the Member of the Executive Council under the principal Act or any provincial law, necessary for the effective governance, management and funding of public further education and training colleges.
The Bill will be published in the Government Gazette for public comment.
Costs follow functions, therefore current budgets earmarked for Further Education and Training Colleges and reflected on provincial buqgets, will follow the functions to the national Department of Higher Education and Training. Such funds will therefore be reverted to the national budget; and costs for publication of this Bill.
5.1 The State Law Advisers and the Department of Higher Education and Training are of the opinion that this Bill must be dealt with in accordance with the procedure prescribed by section 76 of the Constitution, since it is still a concurrent legislative competency of the national and provincial governments. Once the proposed amendment to Schedule 4 to the Constitution, namely "Education at all levels, excluding tertiary education" has been amended, to substitute that for "school education" and comes into effect, this Bill will then only become a section 75 Bill.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain any provisions pertaining to customary law or to the customs of traditional communities.
<fn>GOV-ZA.34222228bEn.2012-02-10.en.txt</fn>
The Director~General, Private Bag X174, Pretoria, 0001, for attention: Mr VL Rikhotso, email R!.kh9.!~Q,_y.@gh~.tgQ.Y_.
To amend the Higher Education Act, 1997, so as to provide for the prohibition of council members and staff conducting business with the public higher education institution concerned; and to provide for matters connected therewith; to amend the National Student Financial Aid Scheme Act, 1999, so as to amend the power of the Minister to intervene by way of an administrator in the case of poor or non performance or maladministration by the Board; and to provide for Ministerial power to remove the Board, as well as the procedure for such removal; and to provide for matters connected therewith.
Amendment of section 27 of Act 101 of 1997 1.
must declare any business.
may not have a direct or indirect financial, personal or other interest in any matter to be discussed at a meeting and which entails or may entail a conflict or possible conflict of interest must.
Amendment of section 34 of Act 101 of 1997 2.
(4) A member of staff may not conduct business directly or indirectly with the public higher education institution which business is in conflict of interest with the public higher education institution.
Business referred in subsection (4) relates to conduct that is aimed at receiving any direct or indirect financial personal gain that does not form part of the employment relationship contemplated in subsection (1).
Amendment of section 47 of Act 1 01 of 1997 3.
(1) An independent assessor appointed under section 44, must within [30 days] a period determined by the Minister.
suggest appropriate measures.
Insertion of sections 4A and 48 in Act 56 of 1999 4.
has obstructed the Minister or a person authorised by the Minister in performing a function in terms of this Act.
after having afforded the board a hearing on any submissions received, replace the members of the board where circumstances so require, appoint a person as an administrator who shall take over the relevant function of the board.
an employee or a contractor of the board must comply with a directive given by administrator.
{5 Once the Minister is satisfied that the board is once more able to perform its functions effectively, the Minister must terminate the appointment of the administrator.
The costs associated with the appointment of an administrator shall be for the account of the NSFAS.
If the board fails to comply with any function contemplated in section 4, or fails to comply with any condition or directive or action assigned to it by the Minister in terms of section 4(g) within the specified period set by the Minister, the Minister may appoint an administrator in terms of section 17 A to rectify the failure of the board.
The administrator contemplated in subsection (1), must build the necessary capacity and introduce any reasonable corrective measures to remedy the situation and to provide continuity when the board resumes the function in terms of the Act after the appointment of the administrator lapsed.
consider such representations.
Insertion of section 7 A in Act 56 of 1999 5.
more than 75% of the members of the board has resigned; or c less than 75% of members resign and the recommendation by the administrator that the efficient and effective governance and management of the NSF AS would be prejudiced to the aims, purpose and objectives of the Act.
reappoint a new board as contemplated in section 5. within the timeframe applicable to the appointment of the administrator.
Insertion of Chapter 2A in Act 56 of 1999 6.
the appointment is in the interests of the NSF AS and higher education in an open and democratic society; the Minister may, after consultation with the board.
NSFAS for a period determined by the Minister. and such period may not exceed two years.
The Minister may extend the period referred to in subsection (1) once for a further period not exceeding six months.
ensure that a new board is constituted.
An administrator appointed under section 17A may, with the concurrence of the Minister. appoint any other person with suitable knowledge and experience to assist him or her in the performance of his or her functions.
The Minister, with the concurrence of the Minister of Finance. may determine the remuneration and allowances to be paid to the administrator and any other person appointed under section 178.
Repeal of section 23 of Act 56 of 1999 7. Section 23 of the National Student Financial Aid Scheme Act, 1999, is hereby repealed.
STAATSKOERANT, 15 APRIL 2011 No.
This Act is the Higher Education Laws Amendment Act, 2011.
1.1 The main object of the Bill is to amend the Higher Education Act, 1997, so as to provide for the prohibition of council members and staff conducting business with the public higher education institution concerned; and to provide for matters connected therewith; to amend the National Student Financial Aid Scheme Act, 1999, so as to amend the power of the Minister to intervene by way of an administrator in the case of poor or non performance or maladministration by the Board; and to provide for Ministerial power to remove the Board, as well as the procedure for such removal; and to provide for matters connected therewith.
The laws that the Bill seeks to amend are the Higher Education Act, No. 101 of 1997 (the HE Act); and the National Student Financial Aid Scheme Act, No. 59 of 1999 (the NSFAS Act).
The main features of the amendment to the Higher Education Act, 1997, are to provide for the prohibition of council members and staff conducting business with the public higher education institution concerned; and to amend the period by which an independent assessor is appointed by the Minister in terms of section 44 of the said Act.
and to provide for Ministerial power to remove the Board, as well as the procedure for such removal; and to provide for matters connected therewith.
The Bill will be published for public comment in the Government Gazette, providing all stakeholders and the public with an opportunity to comment.
Apart from publication costs, no extra financial implications are foreseen.
5.1 The State Law Advisers and the Department of Higher Education and Training are of the opinion that this Bill must be dealt with in accordance with the procedure prescribed by section 75 of the Constitution, since it contains no provision to which the procedure set out in section 7 4 or 76 of the Constitution applies.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of ll 2003), since it does not contain provisions pertaining to customary law or customs of traditional communities.
<fn>GOV-ZA.34222228cEn.2012-02-10.en.txt</fn>
Words in bold type in square brackets indicate omissions from the existing enactments. __Words underlined with a solid line indicate insertions in existing enactments.
To amend the Skills Development Act, 1998, so as to effect the necessary amendments to the provisions which were excluded in the transfer of the statutory functions to the Minister of Higher Education and Training; to provide for the prohibition of a SETA member not to conduct business with the concerned SETA; to provide for the disclosure of conflict of interest; and to repeal section 23, 24, 25, 26, 26K, 26L, 26M, 26N and S1chedule 4 of the Act; to provide for matters connected therewith.
Substitution of section 1 of Act 97 of 1998 1.
any other prescribed employment service;.
Amendment of section 2 of Act 97 of 1998 2.
employers to find qualified employees; and to provide and regulate employment services..
by the deletion in subsection (2) (a) of the subparagraph (v), (vi) and (xii).
accredited trade test centres;.
Amendment of section 5 of Act 97 of 1998 3.
"(4) Subsection (1)(a)(iv) does not apply to regulations in respect of which the Minister is required to consult with the OCTO [or Productivity South Africa].".
Amendment of section 9 of Act 97 1998 4.
"(1) The Minister may, in the prescribed manner, establish a sector education and training authority with a constitution subject to section 13 for any national economic sector.".
Substitution of section 9A of Act 97 of 1998 5.
The Minister may, after consulting the National Skills Authority and the SET As in question and subject to section 9 (2), merge two or more SET As.
The Minister must approve a constitution for the merged SET As subject to section 13 of this Act.
On the establishment of the merged SETA, all assets, rights, liabilities and obligations of the merged SET As devolve upon and vest in the merged SET A.
The Minister may, after consulting the National Skills Authority and the SETA in question, dissolve a SETA if the SETA is unable to continue to perform its functions.
setting out how any assets remaining after the winding-up of the SETA must be distributed; and providing for any other matter necessary for the dissolution and winding-up of the SETA in question.
No transfer duty, any other fee or costs are payable in respect of the transfer of any assets, rights, liabilities or obligations between SETAs as contemplated in this section.
The Registrar of Deeds on presentation of proof of any transfer of immovable property contemplated in this section, must endorse the title deeds accordingly and make the entries in the relevant register that are necessary to register the transfer.
(Notwithstanding sections 197 and 197A of the Labour Relations Act, 1995 (Act 66 of 1995), the contracts of employment between the SET As (herein referred to as 'the old employer') and its employees are automatically transferred to the merged single SETA (herein referred to as 'the new employer') as from the date of the merger contemplated in subsection (1), but any redeployment of an employee as a consequence of the merger is subject to applicable labour legislation.
any other matter necessary to prescribe in order to establish the merges.
(1 0) If two or more SET As are merged into a single SETA as contemplated in subsection (1), all the rights and obligations between the old employers and each employee at the time of the merger continue in force as if they were rights and obligations between the new employer and each employee and anything done before the merger by or in relation to the old employers is considered to have been done by or in relation to the new employer.
11) A merger referred to in subsection (1) does not interrupt the employee's continuity of employment.
12) The provisions of subsections (1) to (6) do not affect the liability of any person to be disciplined for, prosecuted for, convicted of and sentenced for any offence or misconduct.
An employee is subject to the disciplinary codes and rules applicable to the new single SETA as from the date of the merger contemplated in subsection (1), but if any enquiry into incapacity or any proceedings in respect of a charge of misconduct had been instituted or commenced against any employee before the date of the merger, such enquiry or proceedings continue in terms of the codes and rules applicable to the relevant SETA immediately prior to the merger.
Until the new single SETA has made disciplinary codes or rules, the disciplinary codes and rules of the respective old SETAs are applicable to the employees.
Notwithstanding subsection (1), the old employer may undertake rationalization of its workforce according to operational requirements in accordance with section 189 of the Labour Relations Act, 1995 (Act 66 of 1995), prior to the date of the merger contemplated in subsection (1).
If two or more SETAs are merged into a single SETA as contemplated in subsection (1), the new single SETA will continue with its activities in terms of this Act.
The single SETA in subsection (1) is deemed to be a SETA established under section 9.
The Minister may extend the period referred to in subsection (18) once for a further period not exceeding six months.
The members of the interim board contemplated in subsection (18) are appointed by the Minister and consist of the chairperson; and a minimum of six members and a maximum of eight members.
must be appointed by the Minister from nominations received from the SETAs concerned.
Any decision of the interim board which may affect the right of any structure of the new SET As, may only be taken in consultation with the Minister.
Upon a written request by the Minister and within 60 days thereof, each of the SETAs referred to in subsection (1) must provide the Minister with no fewer than four nominations for appointment of the members.
If any of the SET As fail to provide the nominations in terms of this Act, the Minister may appoint the members from the nominations received from the other SETA concerned, or at his or her discretion.
ensure that a board is constituted in terms of this Act.
Insertion of section 98 in Act 97 of 1998 6.
The Minister may, after consulting the National Skills Authority and by notice in the Gazette.
The assets. liabilities. rights and obligations of the subdivisions concerned devolve upon the SETA with which the subdivision has been incorporated in a manner agreed by the board of the SETA concerned or failing such agreement, in a manner determined by the Minister after consulting such boards.
Insertion of section 9C in Act 97 of 1998 7.
The Minister may, after consulting the National Skills Authority and by notice in the Gazette. close a SETA.
If a SETA is closed under subsection (1). all assets and liabilities of such SETA must after closure be dealt with according to law by the Minister and any assets remaining after payment of all liabilities vest in the Minister.
Amendment of section 10A of Act 97 of1998 8.
the SETA's performance of its obligations and functions as a national public entity in terms of the Public Finance Management Act.
SETA's performance to assist the Minister in complying with ·his or her responsibility in accordance with government policy determined by the President on service delivery.
Substitution of section 11 of Act 97 of 1998 9.
The Minister must appoint 14 members to a respective SETA board unless the Minister has approved additional members through a deviation to the standard Constitution as contemplated in section 13(2).
the organization of community which consists of non-government organization identified by the Minister after consultation with National Skills Authority that represent community interest related to educational training including but not limited to educational institutions identified in terms of Higher Education Act, 1997 (Act 101 of 1997) and Further Education and Training Colleges Act, 2009 (Act 16 of 2008); and achieve representation of disadvantaged persons or communities which have been prejudiced by past racial and gender discrimination in relation to access to skills development programs.
organization of community which have a identifiable interest in education in particular development skills.
The organization of community and development as contemplated in subsection (4)(iii) consists of those non-governmental organization identified by the Minister after consultation with National Skills Authority that represent community interest relating to education and training including but not limited to educational institutions identified in terms of Higher Education Act, 1997 (Act 101 of 1997) and Further Education and Training Colleges Act, 2008 (Act 16 of 2008).
Insertion of section 11 A in Act 97 of 1998 10.
has been convicted of an offence under this Act.
Insertion of section 11 B in Act 97 of 1998 11.
A person may not be appointed on the board. unless the necessary disclosure has been made that such person directly or indirectly, whether personally or through his or her spouse, partner or associate.
or his or her spouse, partner or associate, holds an office in or is employed by any SETA organization or other body, whether corporate or incorporate. which has a direct or indirect financial interest of the nature contemplated in paragraph (a).
If at any stage during the course of any proceedings before the board it appears that any board member has or may have an interest which may cause such conflict of interest to arise on his or her part a such board member must forthwith fully disclose the nature of his or her interest and leave the meeting so as to enable the remaining board members to discuss the matter and determine whether such board member is precluded from participating in such meeting by reason of a conflict of interest: and such disclosure and the decision taken by the remaining board members regarding such determination. must be recorded in the minutes of the meeting in question.
If any board member fails to disclose any interest as required by subsection or, subject to the provisions of that subsection, if he or she is present at the venue where a meeting of the board is held or in any manner whatsoever participates in the proceedings of the board. the relevant proceedings of the board will be null and void.
Substitution of section 13 in Act 97 of 1998 12.
For the purpose of the establishment of a SETA.
Notwithstanding.
Insertion of section 13A in Act 97 of 1998 13.
(i) must declare any business.
business referred to in subsection (i) relates to conduct that is aimed at receiving any direct or indirect financial personal gain that does not form part of the employment relationship.
{iii must in writing.
Amendment of section 22 of Act 97 of 1998 14.
(1): "[(1) Subject to the laws governing the public service, the DirectorGeneral must ensure that the Department, including its provincial offices and labour centres, has the personnel and financial resources necessary for the performance of its functions in terms of this Act.].".
Section 23 of the Skills Development Act is hereby repealed.
Section 24 of the principal Act is hereby repealed.
Section 25 of the principal Act is hereby repealed.
Repeal of section 26 of Act 97 of 1998 1~. Section 26 of the principal Act is hereby repealed.
Section 26K of the principal Act is hereby repealed.
Section 26M of the principal Act is hereby repealed.
Section 26N of the principal Act is hereby repealed.
Amendment of section 32 of Act 97 of 1998 23.
(2): "[(2) A labour inspector appointed in terms of section 63 of the Basic Conditions of Employment Act may issue an order in the prescribed form requiring any person to cease conducting the business of a private employment services agency in contravention of this Act.].".
Amendment of section 36 of Act 97of 1998 24.
a form for registering private employment services agencies;.
Amendment of Schedule 2A of Act 97 of 1998 25.
Act, 1973 Act 61 of 1973}, registration number 75/04742/08, are transferred to Productivity South Africa.
2} The National Productivity Institute must thereafter be wound up in accordance with its articles of association..
Amendment of Schedule 4 of Act 97 of 1998 26. Schedule 4 of the principal Act is hereby amended by the repeal of the Schedule and to substitute it with the following Schedule 4.
27 1} This Act is called the Skills Development Amendment Act, 2011 and will come into effect on a date to be determined by the Minister in a Government Gazette.
Different dates for different sections of this Act to become effective may be determined by the Minister when the notice as contemplated in subsection (1) is published.
1.1 Skills Development Act 97 of 1998.
To amend the Skills Development Act, 1998, so as to effect the necessary amendments to the provisions which were excluded in the transfer of the statutory functions to the Minister of Higher Education and Training; to provide for the prohibition of a SETA member not to conduct business with the concerned SETA; to provide for the disclosure of conflict of interest; and to repeal section 23, 24, 25, 26, 26K, 26L, 26M, 26N and S1 chedule 4 of the Act; to provide for matters connected therewith.
This clause amends section 9 of the SDA, which provides for the Minister to merge and dissolve SET As after consultation with the NSA and the procedures to be followed.
This clause provides among others that the assets remaining, after payment of all liabilities, rest with the Minister.
This clause provides for the establishment and composition of a SETA.
These clauses regulate the eligibility of individuals to be members of the SET A board without serving their personal interests.
The SDA provides for the constitution of the SETA and this clause spells out the manner in which the Minister can adopt the constitution of a SET A and provide the exception to the general rule.
These clauses deal with deletions and repeals.
This clause deals with the short title.
After publication for comment, the Bill will be referred to the National Treasury.
Apart from publication costs, no additional costs are foreseen.
5.1 The State Law Advisers and the Department of Higher Education and Training are of the opinion that this Bill must be dealt with in accordance with the procedure prescribed by section 75 of the Constitution.
5.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, No. 41 of 2003, seeing that it does not contain provisions pertaining to customary law or to the customs of traditional communities.
Organisations in the Sector..
Legal status 6 5.
Objectives in relation to employers in the Sector.
Objectives in relation to employees in the Sector 7 6.
SETA powers..
Application to the Accounting Authority by a new organisation 15 9.
Functions of the Executive Committee 15 10.
Meeting procedures for all committees 18 12.
Duties of the Chief Executive Officer . 19 13.
Signatories to accounts 21 14. CODE OF CONDUCT 22 15. DISPUTE RESOLUTION 22 16. INDEMNIFICATION 22 17. AMALGAMATION AND DISSOLUTION OF THE SETA 22 18. TAKING OVER THE ADMINISTRATION OF THE SETA 22 19.
"Act" means the Skills Development Act, 1998 (Act 97 of 1998).
"the Accounting Authority" means the board or other controlling body of the SETA.
"Alternate" means a person appointed to act in the absence of a Member of the Accounting Authority, as contemplated by clause 8(8) of this Constitution.
"Chairperson" means the independent Chairperson of the Accounting Authority, appointed in terms of clause I 0 of this Constitution.
"Chief Executive Officer" means the Chief Executive Officer of the SET A, appointed in terms of clause 12 of this Constitution.
"Committee" means any permanent, ad hoc or subcommittee of the SET A, established by the Accounting Authority or this Constitution.
"Constituency" means Organised Labour, Organised Employers, relevant government departments or other organisations as contemplated in Schedule 4 to this Constitution.
"Constitution" means this Constitution and includes the schedules to this Constitution.
"Department" means the Department of Higher Education and Training.
"Designated Groups" means black people, women and people with disabilities.
"Director-General" means the Director-General of Higher Education and Training.
"ETQA" means an Education and Training Quality Assurance body, as contemplated in section 5(1) (a) (ii) (bb) of the SAQA Act.
"Executive Committee" means the Executive Committee established in terms of clause 9 of this Constitution.
"Member" means a natural person appointed as a member of the Accounting Authority or any of its chambers or committees.
"Minister" means the Minister of Higher Education and Training.
"MQA" means the Mining Qualifications Authority.
"NQFA" means the National Qualification Framework Act, 2008 (Act 67 of 2008).
"National Skills Fund" means the National Skills Fund, established in terms of section 27 of the Act.
"NSDS" means the National Skills Development Strategy, referred to in section 5(1) (a) (ii) of the Act.
"Organised Employers" means any employers organisation in the Sector, registered in terms of the Labour Relations Act, 1995 (Act 66 of 1995), as well as any other association of employers in the Sector, established for the purpose of representing the interests of its members as employers.
"Organised Labour" means any trade W1ion or federation of trade W1ions in the Sector, registered in terms of the Labour Relations Act, 1995 (Act 66 of 1995), as well as any other association of employees in the Sector, representing the interests of its members as employees.
"PFMA" means the Public Finance Management Act, 1999 (Act 1 of 1999).
"prescribed" means prescribed by regulation in terms of the Act.
"QCTO" means the Quality CoW1cil for Trades and Occupations, established in terms of section 260 of the Act.
"SAQA Act" means the South African Qualifications Authority Act, 1995 (Act 58 of 1995).
"SDLA" means the Skills Development Levies Act, 1999 (Act 9 of 1999). (dd) "Sector" means the [insert name] Sector, as determined by the Minister in terms of section 9(2) ofthe Act. (ee) "SETA" means the [insert name] Sector Education and Training Authority, established by the Minister in terms of section 9 of the Act.
The Skills Development Act, 1998 (Act 97 of 1998) makes provision for the establishment of SETAs for each national economic sector. The Minister determined the discrete Sector of the [insert name] Sector Education and Training Authority [insert acronym of the SET A] in terms of section 9 of the Act.
This Constitution was dra\\<n up in accordance with the requirements of section 13, as further provided for in terms of section 9 (1) of the Act, and provides an institutional framework for the SET A to develop and implement national, sectoral and work-place strategies, in order to develop and improve the skills of the South Mrican workforce.
The SETA pursues the development of a skilled workforce, in order to provide an improved service to the people of South Africa. The SET A is inspired by the vision of an appropriately skilled workforce, who is empowered to render quality services, which are comparable with world-class standards.
The Executive Authority responsible for the SETA must exercise its powers and responsibilities to ensure that the implementation of the objectives and execution of the fW1ctions of the SETA comply with both the Act, NSDS and the policies of the Executive Authority and government.
In executing its accolffitability and responsibility functions, the Executive Authority must exercise its powers as provided for in terms of the Act, the Constitution, the PFMA and any other relevant legislation.
The name of this SETA is the [insert name] Sector Education and Training Authority, situated at [insert physical and postal address] and referred to in this Constitution as the SET A.
The national economic sector for which the SET A is established is the [insert name of Sector] Sector. Its scope of coverage, as determined by the Minister in terms of section 9(2) of the Act, is recorded in Schedule 1 to this Constitution, as amended from time for time.
The trade unions, employer organisations and relevant government departments in the Sector are listed in Schedule 4 to this Constitution.
The SET A is a statutory body and juristic person.
The SETA, through the Accounting Authority, may authorise any person or persons to act on its behalf, to sign all documents and to take all steps as may be necessary in connection with any legal proceedings brought by or against the Authority.
The SET A and its Accounting Authority are governed by the Act, the PFMA, the SOLA, this Constitution and any other relevant legislation.
5(3) of this Constitution.
co-operate with, and support the QCTO in such matters relating to QCTO functions and operations referred to in section 10 of the Act; and to cooperate with, and support the functions of other agencies in matters related to skills development.
ensure occupation-based learning ofquality in the work-place; and to develop appropriate partnerships with other public, private and nongovernmental organisations in promoting skills development.
take responsibility for their learning by utilising the learning opportunities offered to them; and to provide input into, and feedback on occupation-based learning programmes that they undertake.
The SET A must perform its functions in accordance with the Act, the SOLA, the PFMA, any other relevant legislation and this Constitution.
promote the national standard, established in terms of section 30B of the Act; and perform any other functions and duties imposed on it by the Act, the SOLA, other relevant legislation and this Constitution, or that are consistent with the purposes of the Act, the SOLA, any other relevant legislation and this Constitution.
The SET A has all such powers as are necessary to enable it to perform its duties referred to in section 10(1) of the Act; and such other powers conferred on the SET A by this Act or the SOLA and this Constitution.
any assistance that the Director-General is to provide to the SETA in order to enable it to perform its functions; and any other prescribed matters.
The SLA must be concluded in the prescribed manner and within the period prescribed in the Act.
If the [insert name] SETA and the Director-General are unable to agree on the contents of the SLA within the prescribed period, the Minister must determine the contents ofthe SLA.
The Minister's determination in respect ofthe SLA is final and binding.
The SET A must submit a Strategic Plan, as required in terms of Regulation 30 of the Treasury Regulations.
monitor the performance ofthe SET A; and apply for the establishment of the SET A in terms of section 9(1) of the Act, read together with the Regulations Regarding the Establishment of Sector Education and Training Authorities, 7 September 1999, as amended by General Notice Rl 06 in the Government Gazette 27254 of February 2005.
ensure that its members, as well as the members of the committees established by it, comply with the Code of Conduct in Schedule 2 to this Constitution; and exercise any other powers conferred on it by the Act, the PFMA, the SDLA, any other relevant legislation and this Constitution.
Every delegation by the Accounting Authority must be in writing, stating the terms and conditions ofthe delegation and it must be recorded.
The Accounting Authority is not divested of any power, duty or function by virtue of any delegation and may vary or set aside any decision taken in terms of any delegation.
The composition of the Accounting Authority may not exceed fifteen (I5) Members.
This maximum number of Members includes any appointments made by the Minister.
relevant government departments; and any interested professional body or bargaining council with jurisdiction in the Sector, which the Minister considers appropriate for the sector.
The Accounting Authority must consist of an equal number of members representing Organised Employers and Organised Labour in the Sector.
Each constituency and stakeholders represented on the Accounting Authority must be represented by Members who are sufficiently representative of designated groups.
The members of the SET A are listed in Schedule 4 to this Constitution.
The Accounting Authority may, with good cause, recommend to the Minister the removal of any trade union or employer organisation as a member listed in Schedule 4 to this Constitution.
At least three (3) months before the expiry ofthe term of office of Members of the Accounting Authority, the Chief Executive Officer must invite nominations of members, for the forthcoming term of office, from Organised Labour, Organised Employers and relevant government departments within the Sector, as provided for in clause 8(5) of this Constitution, with the exception of the ministerial appointees as provided for in clause 8 (6) (c) ofthis Constitution.
Such nominations should he submitted to the Minister for consideration and to recommend these to Cabinet for approval.
Three (3) persons must be ministerial appointees to the Accounting Authority, including the Chairperson who will have no voting rights.
Two of the ministerial appointees will have full voting rights.
of this Constitution, in terms of the nomination processes as stipulated in clause 8(6) of this Constitution.
The applications for nominations of the 2 ministerial appointees must be submitted to the Minister for consideration, and to recommend these to Cabinet for approval after the closing date stipulated in the call for nominations.
The Chief Executive Officer must provide Members of the Accounting Authority with formal letters of appointment signed by the Minister, on the SET A letterhead, which sets out their duties and responsibilities of Members following their appointment.
Members must accept their appointment, and being bound by the Code of Conduct of the SET A, in writing to the Minister on or before the induction date provided for in clause 8(1 0) of this Constitution.
Organised Employers must, by means of consultation, endeavour to reach agreement on the proportional division of Members to represent Organised Employers on the Accounting Authority.
Organised Labour must, by means of consultation, endeavour to reach agreement on the proportional division of Members to represent Organised Labour on the Accounting Authority.
If organisations cannot reach agreement on the proportional allocation of Members then the principle of proportionality must be applied on the basis of the formula provided in Schedule 4 to this Constitution.
The organisations contemplated in clause 8(5) (a) of this Constitution may nominate Alternates for appointment in the same manner as Members.
The number of Alternates at any meeting is limited to no more than one third of the number of Members contemplated in Schedule 4 to this Constitution.
Subject to clause 8(13) of this Constitution, the term of office of Members of the Accounting Authority is five (5) years. A Member is eligible for reappointment upon expiry of that Member's term of office, with the provision that reappointed members may not exceed one third of the members of the Accounting Authority in any one term.
Members receive training and development on an ongoing basis to enhance or update their understanding of the operations of the Accounting Authority and matters relevant to their oversight roles as contemplated in Schedule 2 to this Constitution.
The Chief Executive Officer must set a date for the first meeting of the term of office, which must be convened within two (2) months of the establishment of the Accounting Authority.
The Chief Executive Officer must notifY the Members of the Accounting Authority, in writing, of the date, time, venue and agenda of the first meeting of their term of office.
At that meeting, Members must set the dates for forthcoming meetings during that year; and take such other decisions as are necessary to ensure the prompt and effective functioning of the SETA.
In the event that the chairperson of the Accounting Authority has not yet been appointed, the Chief Executive Officer presides over the first meeting of the Accounting Authority, where after the members must choose a temporary chairperson from their own ranks, for each meeting convened until such time as the chairperson has been appointed by the Minister.
The Accounting Authority may, on reasonable grounds, recommend to the Minister the suspension of a Member pending an inquiry.
dies; or is removed from office as contemplated in clause 8(13) (b) of this Constitution.
on good cause shown.
give the Member reasonable opportunity under the circumstances to make representations to the Accounting Authority.
The Chairperson must inform the Member in writing and in sufficient detail of the allegations against the Member; and refer the matter to the Minister for an inquiry.
The Member must be given adequate time to prepare for the inquiry and may be represented at the inquiry by a person of his or her choice.
If a Member of the Accounting Authority vacates office before the expiry of that Member's term of office for any reason contemplated in clause 8(13) of this Constitution, the procedure, as contained in clause 8(6) of this Constitution, applies with the necessary changes.
Any organisation that meets the criteria stated in clause 8(5)(a) of this Constitution, and which are not listed in Schedule 4 to this Constitution, may apply to the Accounting Authority to be so listed. The Accounting Authority must forward the application to the Minister for determination that such an organisation belongs in the Sector and grant approval or not approve.
The Accounting Authority must establish an Executive Committee with the approval of the Minister, which should comprise a maximum offive (5) Members including the Chairperson.
In the Executive Committee, Organised Labour and Organised Employers must have equal representation.
A Member of the Executive Committee holds office for the period of that Member's term of office as a Member of the Accounting Authority.
Subject to the directions of the Accounting Authority, the Executive Committee is responsible for overseeing the management of the SET A.
perform any other function or duty, delegated to it by the Accounting Authority or conferred upon it by this Constitution.
Only the Minister is authorised to appoint the Chairperson of the Accounting Authority.
The term of office of the Chairperson is five (5) years.
conduct such meetings in accordance with clause 11 of this Constitution; and perform any further duties or functions generally associated with the position of the Chairperson.
If the Chairperson is temporarily absent or incapacitated, the meeting ordinarily presided over by the Chairperson must appoint a person from its own ranks to preside over such meeting.
if the Minister, on good cause shown, decides to terminate his or her appointment.
Where the Chairperson has vacated office, the same process followed to appoint the Chairperson, applies to the appointment of a new chairperson.
The Accounting Authority must meet at least once per quarter-i.e. four (4) times per year.
An Annual General Meeting must be advertised in the media at least thirty days prior to the meeting.
the report of the Auditor-General on the Accounting Authority; and acceptance, for recommendation to the Director-General, of the SETA's annual budget and business plan.
delegation of its functions, powers and duties to Members, employees or committees.
The Executive Committee must meet at least once a month, when necessary.
Meetings of the Executive Committee must comply with the procedures contemplated in clause 1 1 of this Constitution.
The Chairperson may, on grounds of urgency, call a special meeting of the Accounting Authority or Executive Committee on at least forty-eight (48) hours' notice, whether in the form of a physical meeting or by using any electronic medium.
Ifthe Chairperson receives a request for a meeting, signed by at least fifty per cent (50%) of the Members of the Accounting Authority or the Executive Committee, the Chairperson must, as soon as is practicable, give notice of a special meeting of the Accounting Authority or the Executive Committee, and that special meeting must be held within fifteen (15) working days of receiving such request.
1The Executive Committee should meet between meetings of the Accounting Authority, and more often, only if urgent and pressing circumstances arise.
The chairperson of any committee of the Accounting Authority may, on grounds of urgency, call a special meeting on at least forty-eight (48) hours' notice, whether in the form of a physical meeting or by using any electronic medium.
The Chairperson must preside at meetings of both the Accounting Authority and the Executive Committee.
If the Chairperson is absent from the meeting, Members present at the meeting must elect a Member from their own ranks to act as chairperson of that meeting.
In respect of meetings of the Executive Committee or any other committee established by the Accounting Authority, whether in the form of a physical meeting or by using any electronic medium, the relevant chairperson must give at least ten (1 0) working days written notice of the proposed meeting to Members; and include an agenda with such notice.
A quorum at a meeting, whether in the form of a physical meeting or by using an electronic medium, consists of at least fifty per cent (50%) of the total number of Members plus one Member, with the provision that at least fifty per cent (50%) of the Members representing Organised Labour and at least fifty per cent (50%) of the Members representing Organised Employers are present.
If, within two (2) hours of the time fixed for a scheduled meeting, a quorum is not formed that meeting must stand adjourned to any other time later that day at the same venue; and the Members present at the follow-up meeting will then constitute a quorum.
When a Member is unable to attend a meeting, such Member must inform the relevant chairperson no later than forty-eight (48) hours prior to the meeting.
Each Member present has a single vote on any matter serving before a meeting for its decision.
Votes by proxy are not allowed.
Any decision at a meeting requires the support of at least fifty per cent (50%) plus one of the Members present.
Decisions must be taken by way of a show of hands or, if at least fifty per cent (50%) of the Members present so require, by way of a closed ballot.
In the event of an equality of votes, the chairperson has a casting vote.
the minutes are tabled at the next meeting for approval by the Members; and that approved minutes are retained in a record system.
The chairperson must sign the approved minutes as confirmation of their approval.
as part of the employment contracts, provide comprehensive job descriptions, powers and functions, where possible.
Notwithstanding any other provision herein contained, the term of office of the Chief Executive Officer is linked to the term of office of the Accounting Authority, subject to such Chief Executive Officer being retained for a further period of six (6) months in the event that the SET A is relicensed.
from time to time, perform such other functions as determined by the Accounting Authority or the Executive Committee.
income earned on services rendered in the prescribed manner; and money received from any other legitimate source.
The money received by the SET A, as per section 14(2) of the Act, must be paid into a bank account at any registered bank and may only be invested in savings accounts, permanent shares or fixed deposits in any registered bank or other financial institution as provided for in terms of the PFMA; and any other manner approved by the Minister.
The moneys received by the SET A may be used only in the prescribed manner and in accordance with any prescribed standards or criteria as per section 14(3) of the Act, to fund the performance of the functions as stipulated in this constitution and in line with NSDS; and pay for its administration within the prescribed limit.
submit the financial statements referred to in clause 13(4)(a)(iv) of this Constitution within two (2) months after the end of the financial year to the Auditor-General for auditing; and within five (5) months ofthe end of a financial year and after adoption by the Accounting Authority, submit an Annual Report on its activities during that financial year to the Minister, as well as the financial statements for that financial year after the statements have been audited, and the Auditor-General's report on those statements.
include particulars of any material losses through criminal conduct, irregular, fruitless or wasteful expenditure; criminal or disciplinary steps taken as a consequence of such losses; any losses recovered or written off; any financial assistance received from the state and commitments made by the state on its behalf; and any other matters that may be prescribed.
The Auditor-General must audit the accounts, financial statements and financial management of the SET A in terms of the PFMA and other relevant legislation; and report on that audit to the Accounting Authority and to the Minister and, in that report; express an opinion as to whether the SET A has complied with the provisions of the PFMA, the Act and this Constitution, \vith regard to financial matters.
Clause 13(5) (a) of this Constitution does not prevent the appointment of an independent auditor by the Minister and the Department to audit the accounts and financial statements of the SET A over and above that conducted by the Auditor General.
The Executive Committee must ensure that the SETA complies with the financial requirements of the Act, the PFMA, other applicable legislation and this Constitution.
Members of the Accounting Authority, the committees and chambers established by the Accounting Authority, are bound by a Code of Conduct included as Schedule 2 to this Constitution.
This Code of Conduct binds Members in the performance and execution of their functions and duties. Serious or continuous neglect of duties or any misconduct may result in a Member being removed from office or his or her termination of membership of a committee or chamber of the SET A.
Any dispute concerning the interpretation or application of this Constitution must be determined in accordance with Schedule 3 to this Constitution.
The SET A indemnifies office bearers, Members of the Accounting Authority and its committees, as well as employees of the Accounting Authority against any claim that may be made against them, which may arise during the course and scope of their employment or the performance of their duties, with the provision that such claim did not arise as a result of dishonesty, fraud, breach of trust, wilful default or wilful breach of duty, or a contravention of the SET A's Code of Conduct.
The Minister may, after consulting with the NSA and the Accounting Authority, and subject to section 9(2) of the Act, amalgamate the SET A with one or more other SET As.
The Minister may, after consultation with the NSA and the Accounting Authority, dissolve the SET A if the SET A is unable to continue performing its functions. Any assets remaining after all liabilities of the SET A have been met, must be dealt with in terms of section 9A (6) of the Act.
the SET A has failed to comply with its SLA; or that the Accounting Authority has failed to comply with an instruction by the Minister in terms of section 14A of the Act.
may suspend the operation of the SET A's Constitution; and may direct the transfer of all or some of the funds in the SET A's bank accounts to the National Skills Fund.
reinstate any of the Members of the Accounting Authority; and withdraw or amend any provision of the notice referred to in clause 18(2) of this Constitution, in terms of such conditions as the Minister considers appropriate to ensure that the SET A resumes the performance of its functions.
The Minister may act in terms of clause 18(1) of this Constitution, without consulting the NSA and the Accounting Authority, if there is financial mismanagement of the SET A and the delay caused by such consultation would be detrimental to the SET A's capacity to perform its functions.
The Minister, following consultation with the Accounting Authority, may amend this Constitution in the prescribed manner.
The Chairperson must give notice of any proposed amendment at least thirty (30) days before any meeting of the Accounting Authority is convened to discuss such amendment.
The Accounting Authority may propose amendments to the Constitution by a resolution supported by at least seventy-five per cent (75%) of its Members.
When the Accounting Authority has adopted a resolution proposing amendments to the Constitution, such proposals must be submitted to the Minister for consideration and a decision, accompanied by reasons document for such proposed amendments.
The SETA's Chief Executive Officer must ensure that copies of the proposed amendments, notifications of the meeting and the agenda are dispatched to all Members of the Accounting Authority at least thirty (30) days prior to the meeting at which the amendment to the Constitution is to be proposed and considered.
The full procedure for proposing and effecting amendments to this Constitution is described in Schedule 6 to this Constitution.
For the purposes of this clause, any amendment to a Schedule to this Constitution must be regarded as an amendment to this Constitution.
The scope of coverage of the SET A, as determined by the Minister, is indicated in the table 2 below.
This document outlines the SET A's Code of Conduct ("the Code"), as provided for in terms of section 13(3) (x) ofthe Act.
All Members of the Accounting Authority, the chambers and any committee established by the Accounting Authority are subject to this Code of Conduct and are required to comply with both the letter and the spirit of the Code.
must perform their duties conscientiously and in the best interest of the SETA; and conduct themselves ethically and in accordance with the principles of good governance.
Effectiveness and efficiency in the execution of their specified mandates, which. require clearly formulated purpose statements, objectives, roles and responsibilities.
Accountability for meeting their specified mandates, which requires effective accountability mechanisms, proper management, control and the safeguarding of finances and resources, as well as regular and accurate performance reviews, assessments and reporting.
Integrity and honesty in the management of finances and resources, which require observing and promoting high standards of ethical conduct, proper execution of fiduciary duties, independence from vested interests and avoiding undue influence and a conflict of interests.
Transparency and openness, which require fair, transparent and accessible rules, processes and procedures; the consistent application of these rules, processes and procedures; transparent and motivated decision-making; and timely and accurate provision of information to a higher authority, stakeholders and the public.
Participation in the development and implementation of public policies, where appropriate, which requires the active involvement of beneficiaries, stakeholders and other affected groups in the formulation of policies and programmes; promoting O\vnership of policies and programmes; stakeholder commitment to their success; and consultation with, and representation on institutional structures.
The capacity and resources to execute their mandate, which require appropriate selection and capacity-building, in order to ensure that Members and staff have the necessary skills, knowledge and experience.
sETAs must complete their scope of coverage as published in the Government Gazette.
Members of the Accounting Authority, the committees, the chambers and employees of the SET A (and their immediate families) are prohibited from being directly or indirectly associated with any business entity that provides goods or services to the SETA Members (and their immediate family) are also prohibited from investing in or acquiring a financial interest, directly or indirectly, in relation to entities that provide goods and services to the SET A. In the case of such a relationship existing, Members must either relinquish their positions (directorships, shareholdings, etc) in such entities or step down/resign from the SET A concerned.
Any money paid by the SET A to a person or entity in contravention of 3(1) may be recovered and criminal charges laid against those involved.
Members should not accept gifts, hospitality or other favours from suppliers of goods or services.
Members may not accept personal favours or other preferential treatment that might place the recipient under any obligation.
The Accounting Authority must, within six (6) months of taking office, develop or cause to be developed clear policy guidelines for proposed inclusion in this Code of Conduct and which are in line with the amendments processes of the Constitution.
Members must, at all times, ensure that the SETA's financial and other resources are used for legitimate business purposes only.
When funds are to be spent, it is the responsibility of Members to use sound judgment and to ensure that appropriate value is received by the SET A for such expenditure.
Members, who become aware that the SETA's funds or property have been used, are being used or may be used in a fraudulent or improper manner, should immediately and in confidence advise the Chairperson and/or the Minister.
The [Insert name] SET A's fmancial books and records must reflect all transactions in an accurate and timely manner and in conformity with generally accepted accounting principles.
Non-disclosure of revenue, expenses, assets or liabilities is not permitted.
Members responsible for accounting and record-keeping functions are expected to be diligent in enforcing proper accounting practices.
Only information necessary for SET A business may be collected, used and retained. Personal information of Members should be obtained directly from the person or organisation concerned. Only reputable and reliable sources should be used to supplement this information.
No privileged or confidential information may be disclosed by any Member, without prior authorisation by the Executive Committee or the Chairperson, including but not limited to information regarding products, plans, transactions, personal information and salaries. Such information may only be disclosed if it must be disclosed in terms of the Act, the SDLA or any other applicable law or by an order of the court.
Members of the SET A may not copy or reproduce, by any means, confidential or privileged information acquired during the performance of their functions or duties for use other than for the execution of their functions or duties in terms of the Act, the SDA or other relevant legislation or this Constitution.
Upon termination of a term of office, Members must hand over all documents, drawings, plans, electronic records, samples, models and other information to the Chairperson, as well as equipment and accessories in their possession or under their control, which may contain confidential or privileged information, or relate to or are in any way connected to the business and affairs of the SET A Members are required, free of any consideration, to forthwith disclose to the SET A all discoveries, processes and inventions relating to, or that are useful to any business conducted by the SET A, that were made or conceived by them in the course and within the scope of their involvement in any of the affairs of the SETA, whether individually or in conjunction with others.
Any contravention of the Code is a serious offence and, depending on the circumstances, may result in criminal charges being laid.
Any Member, who believes that he or she may have contravened the Code, should advise the Chairperson immediately.
In the event that the Chairperson believes that he or she has contravened the Code, he or she should immediately advise the Minister and other members of the Accounting Authority in writing.
Any Member who believes that a contravention of the Code by another Member has taken place, should report this, preferably in writing, to the Chairperson, who must maintain confidentiality and ensure that the matter is investigated impartially.
Any Member, who believes that a contravention of the Code by the Chairperson has taken place, should report this, preferably in writing, to the Minister.
If a Member is reasonably suspected of having breached this Code, the Accounting Authority must recommend to the Minister for an enquiry to be held regarding the allegations against the Member.
The Accounting Authority must inform the Member, in writing, and in sufficient detail of the allegations against the Member; and of the referral of the recommendation for an enquiry to the Minister.
The Member must be afforded the opportunity to present evidence in his or her defence at the enquiry. This includes calling witnesses, giving oral evidence and presenting documentary evidence, if any.
The person presiding at the inquiry must supply the Minister with written findings and recommendations.
When the person presiding at the enquiry decides to recommend the removal of a member, the process provided for removal must be followed.
If a Member is removed in terms of this disciplinary process, the constituency that the Member represented may nominate candidates for consideration to fill the vacancy, in line with the appointment process for a Member of the Accounting Authority.
If the transgression constitutes a criminal offence, the Accounting Authority must report or cause the matter to be reported to the South Mrican Police Service.
Any party to a dispute concerning the interpretation or application of this Constitution must refer the dispute to the Chief Executive Officer for forwarding to the Executive Committee and/or the Department.
adequately describe the dispute; and be delivered to every other party to the dispute by the party referring the dispute.
The Chief Executive Officer must, as soon as is reasonably practicable, refer the dispute to the Executive Committee and/or Department, which must endeavour to resolve the dispute by conciliation as soon as possible, but nevertheless within thirty (30) days of referral.
If the Executive Committee and/or Department fails to resolve the dispute within thirty (30) days of its referral, any party to the dispute may refer it for arbitration by an arbitrator appointed by the Minister in terms of the Arbitration Act, 1965 (Act 42 of 1965).
the arbitrator must issue a signed arbitration award with reasons; and the Chief Executive Officer must provide a copy of the award to every party to the dispute.
The costs of the arbitration must be borne equally by the parties to the dispute. The arbitrator may, however, make a different and appropriate awarding of costs, should a party to the dispute, without reasonable cause, refuse or fail to attend the arbitration proceedings, or unduly delay arbitration proceedings; or should the arbitrator find that a party pursuing or resisting the dispute did so vexatiously or frivolously, or had no reasonable prospect of succeeding.
[insert number] Members representing interested professional bodies or bargaining councils with jurisdiction in the Sector as contemplated m section ll(d) of the Act.
3SETAs must list the trade unions, employer organisations and relevant government departments in their sectors. 4SETAs need not complete this section if the Minister approved such membership in terms of section 11 {d of the Act. 5SETAs need not complete this section if there are no relevant government departments in their sector.
[Insert the list of other organisations, approved by the Minister, where relevant -e.g. professional bodies and I or bargaining councils with jurisdiction in the Sector, and the number of Members each may nominate].6 3.
Members of the Accounting Authority must be able to participate in the decision-making processes, understand the consequences of such decisions, and share in the accountability as Members of the Accounting Authority.
They must be drawn from the ranks of senior officials in the organisation concerned.
When considered as a whole, they should be sufficiently representative of the designated groups.
They should have an appropriate blend of knowledge, skills and experience, as well as the personal attributes of objectivity, integrity and commitment.
Constituencies should use the following criteria as guidelines when nominating their representatives, to ensure that such representatives have the competence to make constructive contributions to the Accounting Authority.
The functioning of the Accounting Authority in terms of the requirements relating to corporate governance and ethics.
Skills development legislation and the NSDS.
The SET A's responsibility in respect of service delivery.
The PFMA and financial management.
The Sector and/or the constituency represented by the Member.
The strategic leadership role of the Accounting Authority.
Education, training, skills development and human resources development.
Quality assurance of learning provision.
General management and business skills.
The communication and marketing role of an entity in relation to its stakeholders.
Other areas of expertise relevant to the specific Sector.
6SETAs need not complete this section if the Minister approved such membership in terms of section 11(d) of the Act.
is a Member of the Accounting Authority of another SET A; or if he or she, in terms of the Electoral Act No. 73 of 1998 , has been nominated as a candidate for election as a Member of Parliament, a provincial legislature or any municipal council.
In nominating Members for the Accounting Authority, constituencies must pay due consideration to the need for continuity and renewal in the membership of such Accounting Authority.
If organisations within a particular constituency cannot reach agreement on the allocation of seats per organisation, then the principle of proportionality must be applied on the basis of the formula provided in clause 4(2) of this Schedule. The final number is subject to the maximum number of fifteen (15) Members on the Accounting Authority, as contemplated in clause 8(4)(a) of this Constitution.
A represents either the number of employees employed by the members of an employers organisation listed in clause 1 of this Schedule; or the number of members of a trade union listed in clause 1 of this Schedule.
B represents either the total number of employees employed by all the employers who are members of all employers organisations listed in clause 1 of this Schedule; or the total membership of all the trade unions listed in clause 1 of this Schedule.
C represents 10.
D represents either the number of Members whom an employer organisation may nominate for the Accounting Authority; or the number of Members that a trade union may nominate for the Accounting Authority.
The trade union with 600 members would nominate forty percent (40%) of the five (5) Members representing Organised Labour.
The trade union with 1 000 members would nominate sixty percent (60%) of the five (5) Members representing Organised Labour.
The Accounting Authority has the power to constitute and dissolve any of its committees.
The Accounting Authority has the power to determine, amend or revoke the terms of reference and organisational structures of any of its committees.
The Accounting Authority must ensure that all members of committees appointed by it act in accordance with the Code of Conduct in Schedule 2 to this Constitution.
The membership of a committee must comprise an equal number of Members representing Organised Labour and Organised Employers; and is not restricted to Members of the Accounting Authority.
Except for the Audit Committee, the chairperson of a committee must be a member of the Accounting Authority.
The members of committees must have the knowledge of, and experience in matters relevant to the duties and functions of the committees on which they serve.
The Accounting Authority may co-opt additional members, including persons who are not Members of the Accounting Authority, who have expertise, knowledge and experience pertaining to matters relevant to the duties and functions of the committee concerned.
Meetings of any committee, established in terms of this Constitution, must comply with the procedures contemplated in clause 11(5) of this Constitution.
All committees must meet as frequently as is reasonably required.
(I 0) The committees established by the Accounting Authority must perform the functions identified in their terms ofreference.
Governance and Strategy Committee.
The Accounting Authority may establish any other committee, including on a temporary basis, which it deems necessary for the effective functioning of the SETA, and it may determine its composition, duties and functions.
The Accounting Authority must appoint an Audit Committee as an independent body, which reports to the Accounting Authority.
The Accounting Authority must compile written Terms of Reference that describe the membership, authority and duties ofthe Audit Committee.
The Audit Committee must be constituted in terms of the requirements of sound corporate governance and it must operate vvithin that framework.
The chairperson of the Audit Committee must be an independent person and may not be the Chairperson of the Accounting Authority. The chairperson of the Audit Committee must be knowledgeable about the status of the position, and have the requisite financial, business, leadership and communication skills.
The majority of the members of the Audit Committee must be independent persons and they must be financially literate. One member of the Audit Committee must be nominated by Members representing Organised Employers, and one member must be nominated by Members representing Organised Labour.
The Chairperson of the Accounting Authority, the members of the Executive Committee and the Chief Executive Officer must not be members of the Audit Committee. They may attend Audit Committee meetings by invitation, if this is considered necessary by the chairperson of the Audit Committee.
The Audit Committee must have explicit authority to investigate. any matters within its Terms of Reference, and it must be provided with the required resources to access required information.
The Audit Committee may not perform any management functions or assume any management responsibilities, as this may prejudice the objectivity of the Committee.
The Audit Committee's activities and effectiveness must be periodically reviewed and evaluated by the Accounting Authority. Its Terms of Reference must be reviewed and confirmed by the Accounting Authority on an annual basis.
The Audit Committee must perform the functions of an audit committee as contemplated in the PFMA.
The Audit Committee must serve as a mechanism of the Accounting Authority to monitor and reinforce the effectiveness of both the internal control system and the internal audit function.
the SETA's compliance with relevant legal and regulatory requirements, as well as its Code of Conduct and the action taken to address any violations.
The Audit Committee must review and confirm the Internal Audit Department's Charter and the Internal Audit Plan, as well as the resources required to implement such plan.
The Audit Committee must develop a direct, strong and candid relationship with the external auditors. Communication with the external auditors must facilitate independence from the management of the SET A and encourage the external auditors to speak freely, regularly and confidentially with the Audit Committee.
The Audit Committee must draw up a recommendation for the Accounting Authority regarding the appointment and removal of the internal and external auditors.
The Finance and Remuneration Committee must advise the Accounting Authority on any matters relating to remuneration, in order to enable the Accounting Authority to develop consistent, fair and impartial strategies, policies, procedures and processes for the compensation of its members and staff, so as to attract, motivate and retain talented people.
Developing guidelines on, and reviewing the compensation and performance of staff members of the organisation.
Reviewing and approving corporate goals that are relevant to the compensation of the Chief Executive Officer.
Determining the Chief Executive Officer's compensation m accordance with applicable rules and regulations.
Evaluating the Chief Executive Officer's performance against the above-mentioned goals and objectives.
Review and reassessing the adequacy of the remuneration policy annually and recommending any changes to the Accounting Authority for approval.
Ensuring that the board and committee members' remuneration is in accordance with the requirements of the PFMA and the Treasury Regulations that relate to finance and the remuneration of the said members.
The Finance and Remuneration Committee must present the Audit Committee with quarterly and annual financial statements.
The Quality Assurance Committee must have oversight powers of the execution of the quality assurance functions and obligations of the SET A, on behalf of the Accounting Authority.
The development of policies, principles, criteria and guidelines that are necessary to execute its quality assurance function in the Sector, as well as in the subsectors.
To monitor, evaluate and make recommendations on the execution of the quality assurance function to the Accounting Authority.
Promoting quality amongst constituent providers.
To quality assure the assessment and moderation of the specific qualifications and unit standards in the Sector and subsectors in terms of criteria that may be established for this purpose.
Ensuring that the SET A maintains an appropriate data base for its quality assurance and certification functions.
Report to the Accounting Authority on such matters as it deems necessary.
Chambers must consist of an equal number ofMembers representing Organised Labour and Organised Employers; and are not restricted to Members of the Accounting Authority.
Insert the list of the Organised Employers represented on the Chamber and the number of Members of the Chamber whom each may nominate.
Insert the list of trade unions represented on the Chamber and the number of Members of the Chamber whom each may nominate.
7This Schedule should be completed only by those SETAs that, with the Minister's approval, established chambers as contemplated in section 12(1) of the Act.
8SETAs must define the membership of each chamber.
[Insert the list of the relevant government departments represented on the Chamber Authority and the number of Members of the Chamber whom each may nominate.
[Insert any additional Members of the Chamber, determined by the SETA.] 10 3.
Each chamber must elect the chairperson.
The SET A chambers must perform those functions of the SET A delegated to them by the Accounting Authority, in terms of clause 8(3) of this Constitution.
The general guidelines for committees ofthe SETA, contained in clause 1 of Schedule 4 to this Constitution, apply to chambers.
a certified copy of its resolution approving the proposed amendments; and a brief memorandum explaining the rationale for such amendments.
After considering the submission, and after consultation with the Accounting Authority, the Minister may accept or reject the amendments proposed by the Authority wholly or in part.
9This section need not be completed if there are no relevant government departments within the scope of the Chamber. 10This section need not be completed if the SETA has not determined any additional membership of the Chamber.
If the Minister wishes to amend the SETA's Constitution, the Minister must submit the following to the Accounting Authority the text of the proposed amendments; and a memorandum explaining the rationale for such amendments.
The Minister must allow the Accounting Authority thirty (30) days to make written representations concerning the amendments proposed by the Minister.
After considering any representations made by the Accounting Authority, the Minister may, wholly or in part, effect the Minister's proposed amendments.
<fn>GOV-ZA.34226256En.2012-02-10.en.txt</fn>
The head office of the Commission at Election House, 1303 Heuwel Avenue, Centurion, Pretoria.
<fn>GOV-ZA.34227257En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.34243gon370En.2012-02-10.en.txt</fn>
THE PRESIDENCY No.370 26 April 2011 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:-No.
Words underlined wlth a solid line indicate insertions in existing enactments.
To amend the Companies Act, 2008, so as to effect certain legal-technical and grammatical amendments in order to ensure the proper application and adminis tration of the principal Act subsequent to its commencement; to correct certain errors resulting in inconsistency and ambiguity in the principal Act; to establish a proper foundation for certain necessary regulations; to continue the mechanisms established under section 335 of the Companies Act, 1973, which allow for the transfer of registration of foreign companies to the jurisdiction of the Republic; to further provide for companies trading under insolvent circumstances; to extend the grounds for disqualification as a director; to provide for the terms of office of members of the Companies Tribunal; and to provide for matters connected therewith.
Chapter 1 of principal Act l.
Act No. 3 of 2011 COMPANIES AMENDMENT ACT, 2011 12. Amendment of section 19 of Act 71 of 2008 13. Amendment of section 20 of Act 71 of 2008 14. Amendment of section 22 of Act 71 of 2008 15. Amendment of section 23 of Act 71 of 2008 16. Amendment of section 24 of Act 71 of 2008 5 17. Amendment of section 26 of Act 71 of 2008 18. Amendment of section 27 of Act 71 of 2008 19. Amendment of section 29 of Act 71 of 2008 20. Amendment of section 30 of Act 71 of 2008 21. Amendment of section 31 of Act 71 of 2008 22. Amendment of section 32 of Act 71 of 2008 23. Amendment of section 33 of Act 71 of 2008 24. Amendment of section 34 of Act 71 of 2008 25. Amendment of section 37 of Act 71 of 2008 26. Amendment of section 38 of Act 71 of 2008 15 27. Amendment of section 39 of Act 71 of 2008 28. Amendment of section 40 of Act 71 of 2008 29. Amendment of section 43 of Act 71 of 2008 30. Amendment of section 44 of Act 71 of 2008 31. Amendment of section 45 of Act 71 of 2008 32. Amendment of section 48 of Act 71 of 2008 33. Amendment of section 49 of Act 71 of 2008 34. Amendment of section 50 of Act 71 of 2008 35. Amendment of section 53 of Act 71 of 2008 36. Amendment of section 56 of Act 71 of 2008 25 37. Amendment of section 57 of Act 71 of 2008 38. Amendment of section 58 of Act 71 of 2008 39. Amendment of section 61 of Act 71 of 2008 40. Amendment of section 62 of Act 71 of 2008 41. Amendment of section 63 of Act 71 of 2008 42. Amendment of section 64 of Act 71 of 2008 43. Amendment of section 65 of Act 71 of 2008 44. Amendment of section 66 of Act 71 of 2008 45. Amendment of section 68 of Act 71 of 2008 46. Amendment of section 69 of Act 71 of 2008 35 47. Amendment of section 72 of Act 71 of 2008 48. Amendment of section 75 of Act 71 of 2008 49. Amendment of section 77 of Act 71 of 2008 50. Amendment of section 78 of Act 71 of 2008 51. Amendment of section 82 of Act 71 of 2008 52.
Amendment of section 84 of Act 71 of 2008 54. Substitution of section 86 of Act 71 of 2008 45 55. Amendment of section 90 of Act 71 of 2008 56. Amendment of section 91 of Act 71 of 2008 57.
Amendment of section 95 of Act 71 of 2008 59. Amendment of section 97 of Act 71 of 2008 60. Amendment of section 98 of Act 71 of 2008 61. Amendment of section 99 of Act 71 of 2008 62. Amendment of section 100 of Act 71 of 2008 55 63. Amendment of section I 0 I of Act 71 of 2008 64. Amendment of section 102 of Act 71 of 2008 65. Amendment of section I 04 of Act 71 of 2008 66. Amendment of section 105 of Act 71 of 2008 67. Amendment of section 108 of Act 71 of 2008 68.
Amendment of section 112 of Act 71 of 2008 70. Amendment of section 114 of Act 71 of 2008 71. Amendment of section 115 of Act 71 of 2008 5 72. Amendment of section 116 of Act 71 of 2008 73. Amendment of section II 8 of Act 71 of 2008 74. Amendment of section 119 of Act 71 of 2008 75. Amendment of section 121 of Act 71 of 2008 76. Amendment of section 122 of Act 71 of 2008 10 77. Amendment of section 123 of Act 71 of 2008 78. Amendment of section 124 of Act 71 of 2008 79.
Amendments affecting Chapter 6 of principal Act 15 80. Amendment of Title of Part A of Chapter 6 of Act 71 of 2008 81. Amendment of section 128 of Act 71 of 2008 82. Amendment of section 129 of Act 71 of 2008 83. Amendment of section 132 of Act 71 of 2008 84. Amendment of section 133 of Act 71 of 2008 20 85. Amendment of section 134 of Act 71 of 2008 86. Amendment of section 135 of Act 71 of 2008 87. Amendment of section 136 of Act 71 of 2008 88. Substitution for section 138 of Act 71 of 2008 89. Amendment of section 139 of Act 71 of 2008 25 90. Amendment of section 140 of Act 71 of 2008 91. Amendment of section 141 of Act 71 of 2008 92. Amendment of section 142 of Act 71 of 2008 93. Amendment of section 143 of Act71 of2008 94. Amendment of section 144 of Act 71 of 2008 30 95. Amendment of section 151 of Act 71 of 2008 96. Amendment of section 152 of Act 71 of 2008 97.
Amendments affecting Chapter 7 of principal Act 35 98. Amendment of section 159 of Act 71 of 2008 99. Amendment of section 160 of Act 71 of 2008 100. Amendment of section 161 of Act 71 of 2008 101. Amendment of section 162 of Act 71 of 2008 102. Amendment of section 163 of Act 71 of 2008 40 103. Amendment of section 164 of Act 71 of 2008 104. Amendment of section 165 of Act 71 of 2008 105. Amendment of section 166 of Act 71 of 2008 106. Amendment of section 168 of Act 71 of 2008 107. Amendment of section 169 of Act 71 of 2008 45 108. Amendment of section 171 of Act 71 of 2008 109. Amendment of section 172 of Act 71 of 2008 110.
Ill. Amendment of section 191 of Act 71 of 2008 112. Amendment of section 194 of Act 71 of 2008 113.
Act No. 3 of 2011 COMPANIES AMENDMENT ACT.
Amendment of section 1 of Act 71 of 2008 1. (I) Section I of the Companies Act.
by the insertion before the definition of "alterable provision"' of the following definition: "'all or the greater part of the assets or undertaking', when used in respect of a company, means a in the case of the company's assets, more than 50% of its gross assets fairly valued, irrespective of its liabilities; or in the case of the company's undertaking, more than 50% of the value of its entire undertaking.
by the substitution for the definition of "Banks Act" of the following definition: "'Banks Act' means the Banks Act, 1993 (Act No. 124 of 1993)) 1990 (Act No.
by the substitution in the definition of "company" of the words preceding paragraph (a) of the following words: "'company' means a juristic person incorporated in terms of this Act,!!
by the substitution for the definition of "inspector" of the following definition: " "inspector' means a person appointed as such in terms of section 209l,!
by the substitution for the definition of "inter-related" of the following definition: '''inter-related', when used in respect of three or more persons.
by the insertion after the definition of "inter-related" of the following definition: I0..
"knows" for paragraph (a) of the following paragraph: "(a) had actual knowledge of [that] the mauer; or"; 15 by the substitution for the definition of "Master" of the following definition: "'Master' means the [person holding the office of that name in terms of the Supreme Court Act, 1959 (Act No. 59 of 1959)] officer of the High Court, referred to in section 2 of the Administration of Estates Act, 1965 (Act No.
"'member', when used in reference to a) a close corporation, has the meaningset out in section l of the Close 25 Corporations Act, 1984 (Act No.
of the following definition: 'Memorandum'. or 'Memorandum of Incorporation', means the document, as amended from time to time [-(a)] that sets out rights.
[(ii)] 1.
by the substitution for the definition of "securities" of the following definition: 25 "'securities' [has the meaning set out in section 1 of the Securities Services Act, 2004 (Act No.
"(a) [falls within the meaning of 'state-owned enterprise' in terms] is 55 listed as a public entity in Schedule 2 or 3 of the Public Finance Management Act, 1999 (Act No. I of 1999); or".
Amendment of section 4 of Act 71 of 2008 2.
"(c) unless the Memorandum of Incorporation of the company provides otherwise, [a person] when applying the test in respect of a distribution contemplated in paragraph (a) of the definition of 'distribution' in section I, a person is not to [be regarded] include as a liability any amount that would be required, if the company were to be liquidated at the time of the distribution, to satisfy the preferential rights upon liquidation of shareholders whose preferential rights upon liquidation are superior to the preferential rights upon liquidation of those receiving the distribution."
Amendment of section 5 of Act 71 of 2008 3. Section 5 of the principal Act is hereby amended a) by the substitution in subsection (4)(b)(i) for items Iff) and (gg) of the following items respectively: (if) Securities Services Act, 2004 (Act No.
(hh) Local Government: Municipal Finance Management Act, 2003 (Act No.
Section 8 of the National Payment System Act, 1998 (Act No. 78 of 1998).
"(6) If there is a conflict between any provision of this Act and a proviswn o the listmg requirements of an exchange the provisions of both this Act and the listing requirements apply concurrently, to the extent that it is possible to apply and comply with one of the inconsistent provisions without contravening the second; and to the extent that it is impossible to apply and comply with one of the inconsistent provisions without contravening the second, the provisions of this Act prevail, except to the extent that this Act expressly provides otherwise.".
"(7) An unaltered electronically or mechanically generated reproduction of any document, other than a share certificate, may be substituted for the original for any purpose for which the original could be used in terms of this Act, if that reproduction satisfies any applicable prescribed requirements as to the form or manner of reproduction."
"(15) To the extent that the specific content, or a particular effect, of any provision of a company's Memorandum of Incorporation is required of the company by or in terms of any applicable public regulation, or by the listing requirements of an exchange; and has the effect of negating, restricting, limiting, qualifying, extending or otherwise altering the substance or effect of an unalterable provision of the Act, that provision of the company's Memorandum of Incorporation must not be construed as being contrary to section 15(l)(a).".
Part D of Chapter 2-Capitalisation of profit companies.
PartE of Chapter 2-Securities registration and transfer.
Section 66(8) and (9) and section 68 -Remuneration and election of directors.
[(c)) i.<!J. Parts B and D of Chapter 3 -Company secretaries, and audit committees, except to the extent that an obligation to appoint a company secretary, auditor or audit committee arises in terms of a requirement in the company's Memorandum of Incorporation, as contemplated in section 34(2); or regulations contemplated in section 30(7). [(d)]{s! Chapter 4-Public offerings of company securities. [(e)) (t2 Chapter 5 -Takeovers, offers and fundamental transactions, except to the extent contemplated in item 2 of Schedule I.
[(/)] W Sections 146(d), and 152(3)(c)-Rights of shareholders to approve a business rescue plan, except to the extent that the non-profit company is itself a shareholder of a profit company that is engaged in business rescue proceedings.
(g))@ Section 164-Dissenting shareholders' appraisal rights, except to the extent that the non-profit company is itself a shareholder of a profit company.
Amendment of section 11 of Act 71 of 2008 6.
a name registered for the use of a person, other than the company itself or a person controlling the company, as a defensive name in terms of section 12(9), or as a business name in terms of the Business Names Act, 1960 (Act No. 27 of 1960), unless the registered user of that defensive name or business name has executed the necessa!
a registered trade mark belonging to a person other than the company, or a mark in respect of which an application has been filed in the Republic for registration as a trade mark or a we11-known trademark as contemplated in section 35 of the Trade Marks Act, 1993 (Act No. 194 of 1993), unless the registered owner of that mark has consented in writing to the use of the mark as the name of the com~any; or a mark, word or expression the use of which is restricted or protected in terms of the Merchandise Marks Act, 1941 (Act No.
(bJ alternative expressions, in any official language, which may be used in substitution for any expression required to follow a company's name in terms of subsection (3).
Amendment of section 12 of Act 71 of 2008 7.
[the registered name of another company, close corporation or co-operative] the applicant is prohibited, in terms of section ll(2)(a).
[the name of a registered external company; or] the name as applied for is already reserved in terms of this section. [(c) already registered in terms of this section.
"(10) The registration of a defensive name may be transferred to another person by notice in the prescribed manner and form and upon payment of the prescribed fee.".
Amendment of section 13 of Act 71 of 2008 8.
(5) Subject to subsections (6) and (7), a foreign company may apply in the prescribed manner and form, accompanied by the prescribed application fcc, to transfer its registration to the Republic from the foreign jurisdiction in which it is registered, and thereafter exists as a company in terms of this Act as if it had been originally so incorporated and registered.
and fj immediately following the transfer of registration, the company will satisfy the solvency and liquidity test; and will no longer be registered in another jurisdiction.
for the appointment of a receiver or administrator in relation to any property of the foreign company.
for the registration of domesticated companies as contemplated in subsections (5) to (7) and for the issuing of registration certificates to such companies; and establishing requirements for each domesticated company to harmonise its Memorandum of Incorporation with this Act.
Upon compliance of the requirements for registration of a domesticated company as contemplated in terms of this section, the Commissioner must issue to such company a registration certificate to the effect that such registration has taken place and that il deemed that the company has been incorporated under this Act.
Al-1 No. 3 of 2011 COMPANIES AMENDMENT ACT.
render ineffective any legal proceedings by or against that juristic person.
Amendment of section 14 of Act 71 of 2008 9.
"(a) section !
"(b) section 11(2)(c)) {!!1-".
Amendment of section 15 of Act 71 of 2008 10.
Act, subject to section 6(15).
altering the e!
prohibit the amendment of any particular provision of the Memorandum of Incorporation.
by the insertion in subsection (2) of the following paragraph after paragraph not include any provision thai negates, restricts, limits, qualifies, extends or otherwise alters the substance or effect of an unalterable provision of this Act, except to the extent contemplated in paragraph (a)(iii).
(5) Ifa rule that has been [published] filed in terms of subsection (3) is [not] subsequently--!.!!1 ratified as contemplated in subsection (4)(cJ, the company must file a notice of ratification within five business days in t c prescribed manner and form; or not ratified when put to a vote the company must file a notice of non-ratification within five business days after the vote.
@ the company's board may not make a substantially similar rule within the ensuing 12 months, unless it has been approved in advance by ordinary resolution [at a] of the shareholders [meeting].
"(SA) Any failure to ratify the rules of a company does not affect the validity of anything done in terms of those rules during the period that they had an interim effect as provided in subsection (4)(cJ(i)."
"(ii) any other person serving the company [as a member of the audit committee or] as a member of a committee of the board,".
Amendment of section 16 of Act 71 of 2008 11.
[the date on, and time at, which the Commission accepts the filing of the Notice of Amendment] in the case of an amendment that changes the name of the company, on the date set out in the amended registration certificate issued by the Commission in terms of subsection (8), read with section 14(I)(b)(iii); or in any other case, on the later of the date on, and time at, which the Notice of Amendment is filed; or @ the date, if any, set out in the Notice of Amendment.
Act No. 3 of 2011 COMPANIES AMENDMENT ACT. 2011 may be adversely affected if the joint and several liability of any of the directors for the debts and liabilities of the company is terminated as a consequence of the amendment to the Memorandum of Incorporation.
A person who receives. or is entitled to receive, a notice in terms of subsection (I0) may apply to a court in the prescribed manner and form for an order sufficient to protect the interests of that person.
Amendment of section 19 of Act 71 of 2008 12. Section 19 of the principal Act is hereby amended by the substitution for subsection (5) of the following subsection: "(5) A person must be regarded as having [received] notice and knowledge of any provision of a company's Memorandum of Incorporation contemplated in section 15(2)(b) or (c) if the company's name includes the element "RF" as contemplated in section 11(3)(b), and the company's Notice oflncorporation or a subsequent Notice of Amendment has drawn attention to the relevant provision, as contemplated in section 13(3); [or] and the effect of subsection (3) on a personal liability company.".
Amendment of section 20 of Act 71 of 2008 13.
"(4) One or more shareholders, directors or prescribed officers of a company, or a trade union representing employees of the company, may [take proceedings] apply to the High Court for an appropriate order to restrain the company from doing anything inconsistent with this Act."
"(9) If, on application by an interested person or in any proceedings in which a company is involved, a court finds that the incorporation of the company, any use of the company, or any act by or on behalf of the company, constitutes an unconscionable abuse of the juristic personality of the company as a separate entity, the court may a) declare that the company is to be deemed not to be a juristic person in respect of any right, obligation or liability of the company or of a shareholder of the company or, in the case of a non-profit company, a member of the company, or of another person specified in the declaration; and make any further order the court considers appropriate to give effect to a declaration contemplated in paragraph (a).".
Amendment of section 22 of Act 71 of 2008 14.
(a)] carry on its business recklessly, with gross negligence, with intent to defraud any person or for any fraudulent purpose [; or trade under insolvent circumstances].
If the Commission has reasonable grounds to believe that a company is engaging in conduct prohibited by subsection (I), or is unable to pay its debts as they become due and payable in the normal course of business, the Commission may issue a notice to the company to show cause why the company should be permitted to continue carrying on its business, or to trade, as the case may be.
Ifa company to whom a notice has been issued in terms of subsection (2) fails within 20 business days to satisfy the Commission that it is not engaging in conduct prohibited by subsection (I), or that it is able to pay its debts as they become due and payable in the normal course of business, the Commission may issue a compliance notice to the company requiring it to cease carrying on its business or trading, as the case may be.
Amendment of section 23 of Act 71 of 2008 15.
"(b) as an external profit company [if, within the jurisdiction in which it was incorporated, it meets legislative or definitional requirements that are comparable to the legislative or definitional reqnirements of a profit company incorporated under this Act], in any other case."
"(2) For the purposes of subsection (1), and the definition of "external company" as set out in section I, a foreign company [is not to] must be regarded as "conducting business.
is a party to one or more employment contracts within the Republic; or subject to subsection (2A), is engaging in a course of conduct, or has engaged in a course or pattern of activities within the Republic over a period of at least six months, such as would lead a person to reasonably conclude that the company intended to continually engage in business or non-profit activities within the Republic.
When applying subsection (2)(b).
securing or collecting any debt, or enforcing any mortgage or security interest within the Republic; _2!
by the substitution in subsection (4) for the words preceding paragraph (a) of the following words: "A change contemplated in subsection [(2)] ill(b)(ii) takes eiTect as from the later of-"; and by the substitution in subsection (6) for the words preceding paragraph (a) of the following words: "If an external company has failed to register in terms of subsection (1) within [12] three months after commencing its activities within the Republic, the Commission may issue a compliance notice to that external company requiring it to-".
Amendment of section 24 of Act 71 of 2008 16.
[details of any person who has served as a director of the company, for a period of seven years after the person ceases to serve as a director] all the infonnation required in terms of subsection (5) in respect of each current director at any particular time; and with respect to each past director.
by the substitution in subsection (3) for paragraph (d) of the following paragraph: "(d) notice and minutes of all shareholders meetings, including all resolutions adopted by them [, for seven years after the date each such resolution was adopted]; and any document that was made available by the company to the holders of securities in relation to each such resolution [;1.
"(4) In addition to the requirements of subsection (3), every [profit] company must maintain a) a securities register or its equivalent, as required by section 50.:.1!! the case of a profit company, or a member's register in the case of a non-profit company that has members; and the records required in terms of section 85, if that section applies to the company.".
Amendment of section 26 of Act 71 of 2008 17.
by direct request made to the company in the prescribed manner, either in person or through an attorney or other personal representative designated in writing; or in accordance with the Promotion ofAccess to Information Act, 2000 (Act No, 2 of 2000)).
A person not contemplated in subsection (I) has a right to inspect or copy the securities register of a profit company, or the members register of a non-profit company that has members, or the register of directors of a company, upon payment of an amount not exceeding the prescribed maximum fee for any such inspection.
(2)) Q2 In addition to the information rights set out in snbsection (l)(a)) subsections (I) and (2), the Memorandum of Incorporation of a company may establish additional information rights of any person, with respect to any information pertaining to the company, but no such right may negate or diminish any mandatory protection of any record, as set out in) required by or in terms of Part 3 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).
by direct request made to a company in the prescribed manner, either in person or through an attorney or other personal representative designated in writing; or in accordance with the Promotion of Access to Information Act, 2000 (Act No.2 of 2000).
Where a company receives a request in terms of subsection (4)(b) it must within 14 business days comply with the request by providing the opportunity to inspect or copy the register concerned to the person making such request.
to otherwise impede, interfere with, or attempt to frustrate, the reasonable exercise by any person of the rights set out in this section or section 31.
Amendment of section 27 of Act 71 of 2008 18.
Amendment of section 29 of Act 71 of 2008 19.
"(i) [do not] fail in a material way to comply with the requirements of subsection (I); or".
Amendment of section 30 ofAct 71 of 2008 20.
every person who is the holder of, or has a beneficial interest in, any securities issued by the company is also a director ofthe company unless the company has only one director, and that director is a person contemplated in section 69(12).
Act No. 3 of 2011 COMPANIES AMENDMENT ACT, 2011 company is also a director of the company, that company is exempt from the requirements in this section to have its annual financial statements audited or independently reviewed, but this exemption a) does not apply to the company if it falls into a class of company that is required to have its annual financial statement audited in terms of the regulations contemplated in subsection (7)(a); and does not relieve the company of any requirement to have its financial statements audited or reviewed in terms of another law, or in terms of any agreement to which the company is a party.
"(b) the manner, form and procedures for the conduct of an independent review [other than an audit, as contemplated in] under subsection (2)(b)(ii)(bb), as well as the professional qualifications, if any, and duties of persons who may conduct such reviews and the accreditation of professions whose members may conduct such reviews.".
"(8) Despite section 1 of the Auditing Profession Act, an independent review of a company's annual financial statements required by this section does not constitute an audit within the meaning of that Act.".
Amendment of section 31 of Act 71 of 2008 21.
"(4) It is an offence for a company to ml to accommo ate any reasonab e request for access, or to unreasonab y refuse access, to any record that a person has a right to inspect or copy in terms of this section; or otherwise impede, interfere with, or attempt to frustrate the reasonable exercise by any person of the rights set out in this section.".
Amendment of section 33 of Act 71 of 2008 23.
"(a) a copy of its annual financial statements, if it is required to have such statements audited in terms of section 30(2)(a)l or the regulations contemplated in section 30(7); and".
Act No. 3 of 2011 COMPANIES AMENDMENT ACT. 2011 required by the company's Memorandum of Incorporation provides otherwise.
Amendment of section 37 of Act 71 of 2008 25.
"(I) All of the shares of any particular class authorised by a company have preferences, rights, limitations and other terms that are identical to those of other shares of the same class [, except to the extent that the company's Memorandum of Incorporation provides otherwise]."
(9) A person acquires the rights associated with any particular securities of a company when that person's name is entered in the company's certificated securities register; or as determined in accordance with the rules of the Central Securities Depository, in the case of uncertificated securities; and ceases to have the rights associated with any particular securities of acompany when the transfer to another person, re-acquisition by the company, or surrender to the company has been entered in the company's certificated securities register; or as determined in accordance with the ruJcs of the Central SecuriLies Depository, in the case of uncertificated securities.,..
Amendment of section 38 of Act 71 of 2008 26.
(2) If a company issues shares that have not been authorised in accordance with section 36; or in excess of the number of authorised shares of any particular class, the issuance of those shares may be retroactively authorised in accordance with section 36 within 60 business days after the date on which the shares were issued.''.
Amendment of section 39 of Act 71 of 2008 27.
"(4) Except to the extent that a private or personal liability company's Memorandum of Incorporation provides otherwise a) in exercising a right in terms of subsection (2), a shareholder may subscribe for fewer shares than the shareholder would be entitled to subscribe for under that subsection; and shares not subscribed for by a shareholder within the reasonable time contemplated in subsection (2). may be offered to other persons to the extent permitted by the Memorandum of Incorporation.".
Amendment of section 40 of Act 71 of 2008 28.
Act No.3 of 2011 COMPANIES AMENDMENT ACT. 2011 future services.
"(i) that the [instrument is negotiable] value of the consideration for any of those shares has been realised by the company; or".
Amendment of section 43 of Act 71 of 2008 29.
''(a) may authorise the company to issue a secured or unsecured debt instrument at any time.
Amendment of section 44 of Act 71 of 2008 30.
"(2) [To] Except to the extent that the Memorandum of Incorporation of a company provides otherwise, the board may authorise the company to provide financial assistance by way of a loan, guarantee, the provision of security or otherwise to any person for the purpose of, or in connection with, the subscription of any option, or any securities, issued or to be issued by the company or a related or inter·rclated company, or for the purchase of any securities of the company or a related or inter-related company, subject to subsections (3) and (4).'"; and by the substitution in subsection (6) for the words preceding paragraph (a) of the following words: "If a resolution or an agreement [has been declared] is void in terms of subsection (5) [read with section 218(1),] a director of the company is liable to the extent set out in section 77(3)(e)(iv) if the director-".
Amendment of section 45 of Act 71 of 2008 31.
"(b) the board is satisfied that immediately after providing the financial assistance. the -company would satisfy the solvency and liquidity test; and the terms under which the financial assistance is proposedto be given are fair and rea.."ionable to the company."; and by the substitution in subsection (7) for the words preceding paragraph (a) of the following words: "If a resolution or agreement [has been declared] is void in terms of subsection (6) [read with section 218(1),] a directorof the company is liable to the extent set out in section 77(3)(e)(v) if the director-".
Amendment of section 48 of Act 71 of 2008 32.
Act No. 3 of 2011 COMPANIES AMENDMENT ACT. 2011 the redemption by the company of any redeemable securities in accordance with the tenns and conditions of those securities.
by the substitution in subsection (6) for the words preceding paragraph (a) of the following words: "Ifa company acquires any shares contrary to section 46. or this section, the company [may] must, not more than two years after the acquisition, apply to a court for an order reversing the acquisition, and the court may order-"; and by the insertion after subsection (7) of the following subsection: "(8) A decision by the board of a company contemplated in subsection must be approved by a special resolution of the shareholders of the company if any shares are to be acquired by the company from a director or prescribed officer of the company, or a person related to a director or prescribed officer of the company; and is subject to the requirements of sections 114 and 115 if, considered aJonc, or together with other transactions in an integrated series of transactions, it involves the acquisition by the company of more than 5% of the issued shares of any particular class of the company's shares.".
Amendment of section 49 of Act 71 of 2008 33.
"(b) for greater certainty, transfer of ownership in those securities cannot be effected by a participant or central securities depository while they remain in certificated form, unless they are held in certificated form in collective custody by the participant or central securities depository.".
Amendment of section 50 of Act 71 of 2008 34.
'(aa) the number of those securities issued and outstanding; [or] and''.
"(5) A court may not order the name of a transferee contemplated in this section to be removed from [a] an uncertificated securities register, unles.s that person was a party to or had knowledge of a fraud or illegality as contemplated in subsection (4).".
Amendment of section 56 of Act 71 of 2008 36.
"(b) the identity of each person with a beneficial interest in the securities so held, the number and class of securities held for each such person with a beneficial interest, and the extent of each such beneficial interest."
(8) Subsections (9) to (11) do not apply in respect of securities that are subject to the rules of a central securities depository.
A person who holds a beneficial interest in any securities may vote in a matter at a meeting of shareholders, only to the extent that the beneficial interest includes the right to vote on the matter; and the person's name is on the company's register of disclosures as the holder of a beneficial interest, or the person holds a proxy appointment in respect of that matter from the registered holder of those securities.
(I 0) The registered holder of any securities in which any person has a beneficial interest must deliver to each such person a) a notice of any meeting of a company at which those securities may be voted on within two business days after receiving such a notice from the company; and a proxy appointment to the extent of that person's beneficial interest, if the person so demands in terms of subsection (ll).
A person who has a beneficial interest in any securities that are entitled to be voted on at a meeting of a company's shareholders, may demand a proxy appointment from the registered holder of those securities, to the extent of that person's beneficial interest, by delivering such a demand to the registered holder, in writing, or as required by the applicable requirements of a central securities depository.
Amendment of section 57 of Act 71 of 2008 37.
"(I) In this Part, 'shareholder' [means] has the meaning set out in section l, but also includes a person who is entitled to exercise any voting rights in relation to a company, irrespective of the form, title or nature of the securities to whkh those voting rights are attached."
"(7) For greater certainty, this section applies to the exercise of authority within a company in respect of any matter arising in tenns of this Act or a company's Memorandum of Incorporation, irrespective of whether any such particular matter is expressly addressed in this Part.".
Act No. 3 or 2011 COMPANIES AMENDMENT ACT.
Amendment of section 58 of Act 71 of 2008 38.
by the substitution for subsection(!
"(I) At any time, a shareholder of a company may appoint any individual, including an individual who is not a shareholder of that company, as a proxy to participate in, and speak and vote at, a shareholders meeting on behalf of the shareholder; or give or withhold written consent on behalf of the shareholder to a decision contemplated in section 60[, provided that the shareholder may appoint more than one proxy to exercise voting rights attached to different shares held by the shareholder]."
"(a) a shareholder of that company may appoint two or more persons concurrently as proxies, and may appoint more than one proxy to exercise voting rights attached to different securities held by the shareholder;".
Amendment of section 61 of Act 71 of 2008 39.
"(b) in aggregate, demands for substantially the same purpose are made and signed by the holders, as of the earliest time specified in any of those demands, of at least I 0% of the voting rights cntitkd to be exercised in relation to the matter proposed to be considered at the meeting.".
Amendment of section 62 of Act 71 of 2008 40.
"(2A) A company may call a meeting with less notice than required by subsection (l) or by its Memorandum of Incorporation, but such a meeting may proceed only if every person who is entitled to exercise voting rights in respect of any item on the meeting agenda a) is present at the meeting~ and votes to waive the required minimum notice of the meeting."
allege a material defect in the form of notice for a particular item on the agenda for the meeting; and participate in the determination whether to waive the requirements for notice if less than the required minimum notice was given, or!
Amendment of section 63 of Act 71 of 2008 41.
as long as the electronic communication employed ordinarily enables all per~ons participating in that meeting to communicate concurrently with each other without an intermediary, and to participate reasonably effectively in the meeting.
[On a poll at any meeting of a company, any member including his or her proxy, must be entitled to exercise all the voting rights attached to the shares held or represented by that person] Ifvoting is by show of hands, any person who is present at the meeting. whether as a shareholder or as proxy for a shareholder and entitled to exercise voting rights has one vote, irrespective of the number of voting rights that person would otherwise be entitled to exercise.
(6) If voting on a particular matter is by polling, any person who is present at the meeting, whet er as a s areholder or as proxy for a shareholder, has the number of votes determined in accordance with the voting rights associated with the securities held by that shareholder.
Despite any provision of a company's Memorandum of Incorporation or agreement to the contrary, a polled vote must be held on any particular matter to be voted on at a meeting if a demand for such a vote is made by a at least five persons having the right to vote on that matter, either as a shareholder or a proxy representing a shareholder: or a person who is, or persons who together are, entitled, as a shareholder or proxy representing a shareholder, to exercise at least 10% of the voting rights entitled to be voted on that matter.
Amendment of section 64 of Act 71 of 2008 42.
"(8) If, at the time appointed in terms of this section for a postponed meeting to begin, or for an adjourned meeting to resume, the requirements of subsection (1), or (3) if applicable, have not been satisfied, the [members of the company] shareholders, or in the case of a non-profit company, the members of the company present in person or by proxy will be deemed to constitute a quorum."
"(ii) until further notice, [as agreed at the meeting; and] as agreed at the meeting; and".
Amendment of section 65 of Act 71 of 2008 43.
(4) A proposed resolution is not subject to the requirements of section 6(4).
to enable a shareholder who is entitled to vote on the resolution to determine whether to participate in the meeting and to seek to influence the outcome of the vote on the resolution.
by the substitution in subsections (8) and (10) for the closing phrase of the following: "provided that there must at all times be a margin of at least 10 percentage points between the [requirements] highest established requirement for approval ofan ordinary resolution on any matter, and the lowest established requirement for approval of a special resolution[,) on any matter."
revoke a resolution contemplated in section 164(9)(c).
Amendment of section 66 of Act 71 of 2008 44. Section 66 of the principal Act is hereby amended a) by the substitution in subsection (2) for paragraph (b) of the following paragraph: "(b) in the case of a public company. or a non-profit company, at least three directors, in addition to the rrlinimum number of directors that the company must have to satisfy any requirement, whether in terms of this Act or its Memorandum of Incorporation, to appoint an audit committee, or a social and ethics committee as contemplated in section 72(4)."
(12) Save as otherwise provided elsewhere in this Act or in the company's Memoran urn of ncorporation, any partrcular director may be appointed to more than one committee of the company, and when calculating the minimum number of directors required for a company in terms of subsections (2) and (3), any such director who has been appointed to more than one committee must be counted only once.''.
Amendment of section 68 of Act 71 of 2008 45.
(ii), must be elected by the persons entitled to exercise voting rights in such an election, to serve for an indefinite term, or for a term as set out in the Memorandum of Incorporation.
"(3) Unless the Memorandum of Incorporation of a profit company provides otherwise, the board may appoint a person who satisfies the I 0 requirements for election as a director to fill any vacancy and serve as a director of the company on a temporary basis until the vacancy has been filled by election in terms of subsection (2), and during that period any person so appointed has all of the powers, functions and duties, and is subject to all of the liabilities, of any other director of the company.".
Amendment of section 69 of Act 71 of 2008 46.
"(4) A person who becomes ineligible or disqualified while serving as a director of a company ceases to be entitled to continue to act as a 20 director immediately, subject to section 70(2)."
the issue of an order for the removal of a person from any office of trust on the grounds of misconduct involving dishonesty; or a conviction for an offence referred in subsection (8)(b)(iv), send a copy of the relevant order or particulars of the conviction, as the case may be, to the Commission.
(II B) The Commission must notify each company which has as a director to whom the order or conviction relates, of the order or conviction.
by the deletion of subsection 12.
Amendment of section 72 of Act 71 of 2008 47.
l!!,1 [that a company or) a category of companies that must each have a social and ethics committee, if it is desirable in the public interest, having regard to[(a)] ill [its] annual turnover; [(b)) ill.).
the functions to be performed by social and ethics committees required by this subsection; and rules governing the composition and conduct of social and ethics committees.
Act No. 3 or 2011 COMPANIES AMENDMENT ACT, 2011 that substantially performs the function that would otherwise be performed by the social and ethics committee in terms of this section and the regulations; or it is not reasonably necessary in the public interest to require the company to have a social and ethics committee, having regard to the nature and extent of the activities of the company.
An exemption granted in terms of subsection (5) is valid for five years, or such shorter period as the Tribunal may determine at the time of granting the exemption, unless set aside by the Tribunal in terms of subsection (7).
The Commission, on its own initiative or on request by a shareholder, or a person who was granted standing by the Tribunal at the hearing of the exemption application. may apply to the Tribunal to set aside an exemption only on the grounds that the basis on which the exemption was granted no longer applies.
receive all notices of and other communications relating to any general shareholders meeting; and be heard at any general shareholders meeting contemplated in this paragraph on any part of the business of the meeting that concerns the committee's functions.
A company must pay all the expenses reasonably incurred by its social and ethics committee, including, if the social and ethics committee considers it appropriate, the costs or the fees of any consultant or specialist engaged by the social and ethics committee in the performance of its functions.
Section 84(6) and (7), read with the changes required by the context, apply with respect to a company that fails to appoint a social and ethics committee, as required by this section and the regulations.
Amendment of section 75 of Act 71 of 2008 48.
"related person"", when used in reference to a director. has the meaning set out in section l, but also includes a second company of which the director or a related person is also a director, or a close corporation of which the director or a related person is a member."
Act No.3 of 2011 COMPANIES AMENDMENT ACT, 2011 i!
A court, on application by any interested person, may declare valid a transaction or agreement that had been approved by the board, or shareholders, as the case may be, despite the failure of the director to satisfy the disclosure requirements of this section.
Amendment of section 77 ofAct 71 of 2008 49.
"(viii) an allotment by the company, despite knowing that the a11otment was contrary to any provision of Chapter 4[, to the extent that the allotment or an acceptance is declared void under section 109(1) read with section 218(1)].".
Amendment of section 78 of Act 71 of 2008 50.
Act No. 3 of 2011 COMPANIES AMENDMENT ACT, 201!
of that director having been convicted of an offence [in terms of any national legislation], unless the conviction was based on strict liability.
"(3A) Subsection (3) does not apply to a private or personal liability company if a single individual is the sole shareholder and sole director of that company; or two or more related individuals arc the only shareholders of that company, and there are no directors of the company other than one or more of those individuals."
by the substitution in paragraph (b) of subsection (7) for the words preceding subparagraph (i) of the following words: "the company against any contingency including, but not limited to-".
Amendment of section 82 of Act 71 of 2008 51.
"(I) [When] The Master must file a certificate of winding up of a company in the prescribed form when the affairs of [a] the company have been completely wound up [,and a court order offinal liquidation has been made, the Master must promptly file a certificate to that effect, together with a copy of the court order]."
(5) A company may apply to be deregistered upon the transfer of its registration to a foreign jurisdiction, if the shareholders have adopted a special resolution approving such an application and transfer of registration; and the company has satisfied the prescribed requirements for doing so.
The Minister may prescribe criteria and procedural requirements that must be satisfied by a company before it may be de-registered in terms of subsection (5).
Amendment of section 83 of Act 71 of 2008 52.
"(I) A company is dissolved as of the date its name is removed from the companies register unless the reason for the removal is that the company's registration has been transferred to a foreign jurisdiction, as contemplated in section 82(5).".
Amendment of section 84 of Act 71 of 2008 53.
if th"'e=-=c-=o=m::p::a"n"y~i"'s-:r::e-=q:-:u"'ir"ed:n:b"'y'""'th"i"'s'A"c"·t-=o::r-:t"'h=c-=r::e-=g"u"Ia"l!"=·o-=n"'s-:t=o' have its annual financial statements audited every year: Provided that the provisions of Parts B and D of this Chapter will not apply to any such company; or otherwise, only to the extent that the company's Memorandum of Incorporation so requires, as contemplated in section 34(2)."
"Ifthe board of a [public company or state-owned] company fails to make an appointment [contemplated in subsection (4) in accordance with] as required by this Part-".
Amendment of section 86 of Act 71 of 2008 54.
(I) A public company or state-owned company must appoint [a person knowledgeable or experienced in relevant laws as] a company secretary.
Every company secretary [must be a permanent resident of the Republic, and must remain so while serving in that capacity], irrespective of whether the appointment is made as required by subsection (I) [, or voluntarily] or in terms of a requirement in a company's Memorandum of Incorporation, as contemplated in [section] sections 34(2) and 84(I)(c)(ii), must a) have the requisite knowledge of, or experience in, relevant laws; and bea permanent resident of the Republic, and remain so while serving in that capacity.
"(3A) The first company secretary of a company that is required only in terms of its Memorandum of Incorporation to appoint a company secretary as contemplated in sections 34(2) and 84(l)(c)(ii), must be appointcd in accordance with subsection (3), if the requirement to appoint a company secretary applies to that company when it is incorporated; or within 40 business days after the date on which the requirement first applies to the company, by either the directors of the company; or an ordinary resolution of the holders of the company's securities.".
Amendment of section 90 of Act 71 of 2008 55.
(I A) A company referred to in section 84(1)(cJ(i), or a company that is required only in terms of its Memorandum of Incorporation to have its annual financial statements audited as contemplated in sections 34(2) and 84(1)(c)(ii).
at the annual general meeting al which the requirement first applies to the I company, and each annual general meeting thereafter.
Amendment of section 91 of Act 71 of 2008 56.
"(6) Section 89, read with the changes required by the context, applies with respect to an auditor of a company, hut a reference in that section to ''company secretary" must be regarded a~ referring to the company's auditor.".
Amendment of section 94 of Act 71 of 2008 57.
At each annual general meeting. a public company [or], state-owned company [,] or other company that [bas voluntarily determined to have an audit committee] is reguired only by its Memorandum of Incorpo-15 ration to have an audit committee as contemplated in [section] sections 34(2) and 84(1)(c)(ii).
"(i) to perform such other oversight functions as may be determined by the board [including the development and implementation of a policy and plan for a systematic, disciplined approach to evaluate and improve the eft'ectiveness of risk management, control, and governance processes within the company]."
"(ii) for rendering other services to the company.
"(9) Nothing in this section precludes the appointment by a [public] company at its annua1 genera] meeting of an auditor other than one nominated by the audit committee, but if such an auditor is appointed, the appointment is valid only if the audit committee is satisfied that the proposed auditor is independent of the company.".
Amendment of section 95 of Act 71 of 2008 58.
"(i) 'primary oft'ering' means an offer to the public, made by or on behalf of a company, of securities to be issued by that company, or £):: another company[(aa)] ill within a group ofcompanies of which the first company is 50 a member; or ((bb)](ii) with [whom] which the first company proposes to be amalgamated orto'iilcrge[; or) ((cc) into which the first company proposes to be amalgamated]."
prescribing the manner and form to be followed in filing and publishing of rights offers, letters of allocation and prospectuses; and in respect of related or anciJiary matters concerning the offering of company securities.
Amendment of section 97 of Act 71 of 2008 59.
must file a certificate within 60 business days after the end of each financial year, certifying that the compliance officer has complied with the obligations in terms of this section during the past financial year.
Amendment of section 98 of Act 71 of 2008 60.
that does not satisfy all of the requirements set out in subsection (2)(a) and (b) will, despite any statement to the contrary contained in the advertisement, be regarded as having been intended to be a prospectus [,] issued by the person responsible for publishing or disseminating the advertisement, [if it does not include the statements required by subsection (2)(a), despite any statement to the contrary contained in the advertisement] and is subject to every provision of this Act relating to such a prospectus.
Amendment of section 99 of Act 71 of 2008 61.
"(b) in the case of a foreign company, a copy of its Memorandum of Incorporation or comparable governing document, and a Jist of the names and addresses of its directors, has been filed within 90 business days before the offer to the public is made.".
Amendment of section 100 of Act 71 of 2008 62.
"(c) the court, on an application in terms of paragraph (b)(ii), may make any order that is just and equitable in the circumstances r, l including, but not limited to, an order-".
Amendment of section 101 of Act 71 of 2008 63.
"(vii) whether or not the securities are listed on an exchange, or permission to deal in those securities has been granted by an exchange, other than that referred to in subsection (I), and [,](aa) if so, [which] a statement naming that exchange[, and]: or (bb) if not, a statement that they are not so listed and that no such permission has been granted;".
Amendment of section 102 of Act 71 of 2008 64.
"(ii) the prescribed return reflecting the relevant particulars in regard to that second person[,] has been filed; or"; and by the substitution in subsection (2) for paragraph (b) of the following paragraph: "(b) [to]the use of that person's name in the prospectus.".
Amendment of section 104 of Act 71 of 2008 65.
promoter of the company: or person who authorised the issue of the prospectus [,] or, under this Act. is regarded as having authorised the issue of [that]the prospectus; or made that offer to the public, [is liable to compensate any person who acquired securities on the faith of the prospectus for any loss or damage the person may have sustained as a result of any untrue statement in the prospectus, or in any report or memorandum appearing on the face of, issued with, or incorporated by reference in, the prospectus.] is liable to compensate any person who acquired securities on the faith o the prospectus or any oss or amage the person may have sustamed as a result of any untrue statement in the prospectus, or in any report or memorandum appearing on the face of, issued with, or incorporated by reference in, the prospectus.
"(d) that person consented to become a director of the company, but subsequently withdrew that consent before the issue of the prospectus. and [that] it was issued without that person's consent;".
Amendment of section 105 of Act 71 of 2008 66. Section I05 of the principal Act is hereby amended by the substitution for subsection (!
(ii)) @ to indemnify any person against liability under section 104(6).
"(7) If any money required to be repaid to an applicant in terms of subsection (6) 20 has not been repaid within 55 business days after the issue of the prospectus, each director or prescribed officer of the company is jointly and severally liable, with all other such directors and prescribed officers of the company, to repay that money with interest at 6% per year), in accordance with the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975), from the expiration of the 55th business day, unless 25 the default in payment wa"i not due to any misconduct or negligence on the part of that director or prescribed officer.".
(4) Any part of the undertaking or assets of a company to be disposed of, as contemplated in this section, must be [given its fair market value] fairly valued, as calculated in the prescribed manner, as at the date of the proposal, [in accordance with the financial reporting standards) which date must be determined in the prescribed manner.
A resolution contemplated in subsection (2)~ is effective only to the extent that it authorises for ratifies a specific transaction.
Amendment of section 114 of Act 71 of 2008 70.
"(4) Section 48 applies to a proposed arrangement contemplated in this section to the extent that the arrangement would result in any re-acquisition by a company of any of its previously issued securities.".
Amendment of section 115 of Act 71 of 2008 25 71.
the Panel has issued a compliance certificate in respect of the transaction, in terms of section 119(4)(b), or exempted the transaction in terms of section 119(6).
Act No. 3 of 2011 COMPANIES AMENDMENT ACT, 20ll after the vote, any person who voted against the resolution requires the company to seek court approval; or the court, on an application within I 0 business days after the vote by any person who voted against the resolution, grants that person leave, in terms of subsection (6), to apply to a court for a review of the transaction in accordance with subsection (7).
"(4) For the purposes of subsections (2) and (3), any voting rights controlled by an acquiring party, a person related to an acquiring party, or a person acting in concert with either of them, must not be included in calculating the percentage of voting rights a) reguired to be present [in satisfaction of the], or actually present, in determining whether the applicable quorum [requirement) requirements are satisfied; or required to be voted in support of a resolution, or actually voted in support of the resolution."
"(4A) In subsection (4), 'act in concert' has the meaning set out in section 117(1)(b)."
"(a) within 10 business days after the vote, apply to the court for approval, and bear the costs of that application; or".
Amendment of section 116 of Act 71 of 2008 72.
conviction against, or ruling, order or judgment in favour of or against, an amalgamating or merging company, and any such ruling, order or Uudgement judgment may be enforced by or against any of the amalgamated or merged , company.
Act No. 3 of 2011 COMPANIES AMENDMENT ACT. 201!
solvency and liguidity test, and subject to subsection (8), if it is I applicable.
Amendment of section 118 of Act 7l of 2008 73.
"(i) the percentage of the issued securities of that company that have been transferred, other than by transfer between or among related or [interrelated] inter-related persons, within the period of 24 months immediately before the date of a particular affected transaction or offer exceeds the percentage prescribed in terms of subsection (2); or".
Amendment of section 119 of Act 7l of 2008 74.
(4)[(b)](s1 may, among other things-··.
Amendment of section 121 of Act 71 of 2008 75.
"(i) issued a clearance notice) compliance certificate with respect to the transaction; or".
Amendment of section 122 of Act 71 of 2008 76.
"The requirements set out in subsection (1) apply to a person irrespective of whether-".
Amendment of section 123 of Act 7l of 2008 77.
"Within one business day after the date of [a completed] an acquisition contemplated in subsection (2), the person or persons in whom the prescribed percentage, or more, of the voting [securities] rights beneficia11y vests must give notice in the prescribed manner to the holders of the remaining securities, including in that notice-".
"(6) An instrument of transfer contemplated in subsection (5) is not required for any securities for which a [securities] share warrant is for the time being outstanding.".
[that] a person acting alone, or two or more persons acting in concert, make an offer for any securities of a regulated company that has more than one class of issued securities, which, if accepted, could result in [the] a person, [together with any] or a number of related or inter-relate-d [person or person acting in concert with any of them,] persons holding securities of the company entitling the person or persons to exercise more than the prescribed percentage of the general voting rights [of] associated with all issued securities of the company, that person or those persons acting in concert must make a comparable offer [must be made for] to acquire securities of each class of issued securities of that company.
a general offer, if the offer succeeds to the extent contemplated above..
Amendment of Title of Part A of Chapter 6 of Act 71 of 2008 80. Chapter 6 of the principal Act is hereby amended by the substitution after the Title of the Chapter.
Amendment of section 128 of Act 71 of 2008 81.
"(2) For the purpose of subsection (1)[(/)]lKJ., an employee of a IS company is not related to that company solely as a result of being a member of a trade union that holds [shares] securities of that company.".
Amendment of section 129 of Act 71 of 2008 82.
"(7) If the board of a company has reasonable grounds to believe that the company is financia11y distressed, but the board has not adopted a resolution contemplated in this section, the board must deliver a written notice to each affected person, setting out the criteria referred to in section 128(l)[(eJ]l1J. that are applicable to the company, and its reasons for not adopting a resolution 25 contemplated in this section.".
Amendment of section 132 of Act 71 of 2008 83.
"(c) a court makes an order placing a company under supervision during 35 the course of liquidation proceedings, or proceedings to enforce a security interest, as contemplated in section 131 (7) [a court makes an order placing a company under supervision].".
Amendment of section 133 of Act 71 of 2008 84.
"(c) as a set-off against any claim made by the company in any legal proceedings, irrespective of whether those proceedings commenced before or after the business rescue proceedings began;".
"0 proceedings by a regulatory authority in the execution of its duties after written notification to the business rescue practitioner.".
Amendment of section 134 of Act 71 of 2008 85. Section 134 of the principal Act is hereby amended a) by the insertion after the section number of the following number: "(!
"(c) despite any provision of an agreement to the contrary. no person may exercise any right in respect of any property in the lawful possession of the company, irrespective of whether the property is owned by the company, except to the extent that the practitioner consents in writing.".
Amendment of section 135 of Act 71 of 2008 86.
"(i) all claims contemplated in subsection (2), irrespective of whether or not they are secured; and".
Amendment of section 136 of Act 71 of 2008 87.
(2) Subject to [sections 35A and 35B of the Insolvency Act, 1936 (Act No.
entirely, partially or conditionally suspend, for the duration of the business rescue proceedings, [entirely, partialJy or conditionally any provision of] any obligation of the company that arises under an agreement to which the company [is] was a party at the commencement of the business rescue [period, other than an agreement of employment] proceedings; and would otherwise become due during those proceedings; or apply urgently to a court to entirely, partially or conditionally cancel, on any terms that are just and reasonable in the circumsta~.c~s, any obligation of the r.:ompany ~,;ontemplated in paragraph f!!L..
a business rescue practitioner must not suspend any provision of an employment contract; or an agreement to which section 35A or 35B of the Insolvency Act, 1936 (Act No.
an agreement to which section 35A or 35B of the Insolvency Act, (Act No.
if a business practitioner suspends a provision of an agreement relating to security granted by the company, that provision nevertheless continues to apply for the purpose of section 134, with respect to any proposed disposal of property by the company.
Substitution for section 138 of Act 71 of 2008 88.
has been [prescribed) licensed as such by the [Minister] Commission in terms of subsection (2); [(b)] (c) is not subject to an order of probation in terms of section 162(7): [(c))(!!).
(e))lfl is not related to a person who has a relationship contemplated in paragraph (d).
functions predominantly to promote sound principles and good practice of business turnaround or rescue; and has sufficient human, financial and operational resources, and adequate administrative procedures and safeguards, to enable it to function efficiently and to effectively carry out its functions in terms of this Chapter, or presents to the Minister a credible plan to acquire or develop tbose resources.
[(ii) procedures to be followed by a person or association designated by the Minister in terms of subsection (2) in carrying out its functions and powers in terms of this Chapter].
Amendment of section 139 of Act 7l of 2008 89.
Amendment of section 140 of Act 7l of 2008 90.
"(lA) The practitioner must, as soon as practicable after appointment, inform all relevant regulatory authorities having authority in respect of the activities of the company. of the fact that the company has been placed under business rescue proceedings and of his or her appointment.".
Amendment of section 141 of Act 7l of 2008 91.
"(i) voidable transactions, or the failure by the company or any director to perform any material obligation relating to the company, the practitioner must [direct the management to] take any necessary steps to rectify the matter and may direct the management to take appropriate steps.".
Amendment of section 142 of Act 7l of 2008 92.
(a) Any material transactions [involved] involving the company or the assets of the company.
"(4) No person is entitled, as against the practitioner of a company, to retain possession of any books or records of the company, or to claim or enforce a lien over any such books or records, unless such books or records are in the lawful possession of such person and he or she has made copies available to the practitioner or has afforded the practitioner a reasonable opportunity to inspect the books or records concerned.".
Amendment of section 143 of Act 71 of 2008 93.
"(b) [that] the remuneration provided for in the agreement is [egregiously] unreasonable having regard to the financial circumstances of the company.".
Amendment of section 144 of Act 71 of 2008 94.
"(/) vote with creditors on a motion to approve a proposed business plan, to the extent that the employee is a creditor, as contemplated in subsection [(I)]@; and".
Amendment of section 151 of Act 71 of 2008 95.
"(I) [The] Within 10 business days after publishing a business rescue plan in terms of section 150, the practitioner must convene and preside over a meeting of creditors and any other holders of a voting interest, called for the purpose of considering the [proposed rescue] plan [within 10 business days after the publication of that plan in terms of section 150].".
Amendment of section 152 of Act 71 of 2008 96.
"(a) introduce the proposed business plan for consideration by the creditors[,] and, if applicable.
"(b) if the business rescue plan was approved by the shareholders of the company, as contemplated in subsection (3)(c). the practitioner may amend the company's Memorandum of Incorporation to authorise, and determine the preferences, rights, limitations and other terms of, any securities that arc not otherwise authorised, but arc contemplated to be issued in terms of the business rescue plan, despite any provision of section 16, 36or 37 to the contrary."
Amendment of section 153 of Act 71 of 2008 97.
Act No. 3 of 2011 COMPANIES AMENDMENT ACT, 2011 the provision, if any, made in the proposed business rescue plan with respect to the interests of that person or those persons; and a fair and reasonable estimate of the return to that person, or those persons, if the company were to be liquidated.
Amendment of section 159 of Act 71 of 2008 98.
"(b) that Act applies to a disclosure contemplated in this section by an employee, as defined in that Act, irrespective of whether that Act would otherwise apply to that disclosure."
(b) directly or indirectly makes an express or implied threat, whether conditional or unconditional, to cause any detriment to the first person or to another person, and intends the first person to fear that the threat will be carried out; or is reckless as to causing the first person to fear that the threat will be carried out, [irrespective of whether the first person actually feared that the threat would be carried out.
irrespective of whether the first person actually fears or feared that the threat will or would be carried out.
"A public company [and] or a state-owned company must directly or indirectly-"'.
Amendment of section 160 of Act 71 of 2008 99.
Act No. 3 of 2011 COMPANIES AMEN[MENT ACT, 2011 reservation or registration of a name, satisfies the requirements of [section 11] this Act.
"(a) must make a determination whether that name, or the reservation.
Amendment of section 161 of Act 71 of 2008 100.
"The right to apply to a court in terms of this section is in addition to any other remedy available to a holder of a [companies] company's securities-".
Amendment of section 162 of Act 71 of 2008 101.
"(i) the person has been a director of more than one company, or a managing member of more than one close corporation, irrespective of whether concurrently, sequentially or at unrelated times; and".
Acl No.
Amendment of section 163 of Act 71 of 2008 102.
Amendment of section 164 of Act 71 of 2008 103.
"(c) the company, by a subsequent special resolution, revokes the adopted resolution that gave rise to the shareholder's rights under this section."
(15A) At any time before the court has made an order contemplated in subsection (!
that shareholder must comply with the requirements of subsection !
~";and by the insertion after subsection (19) of the following subsection: "(20) Except to the extent expressly provided in this section; or that the Panel rules otherwise in a particular case, a payment by a company to a shareholder in terms of this section docs not obligate any person to make a comparable offer under section 125 to any other person.".
Amendment of section 165 of Act 71 of 2008 104.
"(b) the court may take that ratification or approval into account in making any (judgement judgment or order.".
Amendment of section 166 of Act 71 of 2008 105.
(I) As an alternative to applying for relief to a court, or filing a complaint with the Commission in terms of Part D, a person who would be entitled to apply for relief.
Amendment of section 168 of Act 71 of 2008 106.
"(I) Any person may file a complaint in writing a) with the Panel in respect of a matter contemplated in Part B or C of Chapter 5 5, or in the Takeover Regulations; or with the Commission in respect of any provision of this Act not referred to in paragraph (a). alleging that a person has acted in a manner inconsistent with this Act, or that the complainant's rights under this Act, or under a company's Memorandum of Incorporation or rules, have been infringed) I0 alleging that a person has acted in a manner inconsistent with this Act, or that the complainant's rights under this Act, or under a company's Memorandum of Incorporation or rules, have been infringed.".
Amendment of section 169 of Act 71 of 2008 107.
"(b) if they think it expedient as a means of resolving the matter, refer the complainant to the Companies Tribunal, or to an accredited entity, as defined in section 166(3), with a recommendation that the complainant seek to resolve the matter with the assistance of that agency or person; or".
Amendment of section 171 of Act 71 of 2008 108.
(1) Subject to subsection (3), the Commission, or the Executive Director of the Panel, may issue a compliance notice in the prescribed 25 form to any person whom the Commbsion or Executive Director.
unless the a11eged contravention could otherwise be addressed in terms of this Act by an application to a court or to the Companies Tribunal.
[(ii)] !£1 the provision of this Act that has been contravened; 40 [(iii)) (£! details of the nature and extent of the non-compliance; [(iv)) !.!!!. any steps that are required to be taken and the period within which those steps must be taken; and [(v)) i£1 any penalty that may be imposed in terms of this Act if those steps are not taken.
but may not do both in respect of any particular compliance notice.
Amendment of section 172 of Act 71 of 2008 109.
"(4) A decision by the Companies Tribunal or the Takeover Special Committee in terms of this section is binding, subject to any right of review £¥,or appeal to, [by] a court.".
Amendment of section 175 of Act 71 of 2008 110.
"(f) the degree to which the respondent has co-operated with the Commission or Panel, as the case may be, and [a] the court; and".
Amendment of section 191 of Act 71 of 2008 11I. Section 191 of the principal Act is hereby amended by the substitution in subsection (I) for paragraph (b) of the following paragraph: "(b) [Commissioner] Commission on the management of the Commission's resources, or the performance of any of its functions.".
Amendment of section 194 of Act 71 of 2008 112.
"(b) sufficient persons with legal training and experience to satisfy the requirements of [subsection] section 195(3)(a)."
"(7) The chairperson and each other member of the Tribunal serves for a term of five years and may, subject to subsection (2)(b), be reappointed for a second term.".
"(7) ''[An] A decision by the Companies Tribunal with respect to a decision of, or a notice or Order issued by, the Commission is binding on the Commission, subject to any review by, or appeal to, a [the] court.".
Amendment of section 200 of Act 71 of 2008 114.
by the substitution for subsection (I) of the following subsection: (!
one or more deputy Executive Directors, on terms and conditions determined by the PaneiJ on terms and conditions determined by the Panel.
by the insertion after subsection (3) of the following subsection: (4) The chairperson of the Panel, designated in terms of section 198, in consultation with the Minister and with the concurrence of the Minister of Finance, may determine the remuneration, allowances, benefits.
each member of the Panel, and each member of the Takeover Special Commiuee.
Amendment of section 202 of Act 71 of 2008 115.
each of whom must be designated from time to time by the Panel from among those of its members appointed by the Minister in terms of section 191(1)(d).
Amendment of section 203 of Act 71 of 2008 116.
(I) The Minister must establish a council, to be known as the Financial Reporting Standards Council.
four persons who.
(/) one person nominated by the executive officer of the Financial Services Board as defined in [section I of] the Financial Services Board Act, 1990 (Act No.
one person nominated by the Governor of the South African Reserve Bank.
a number of persons, nominated one each by any exchange that imposes adherence to financial reporting standards as a listing requirement each of whom must be appointed by the Minister, to serve for a term of three years, each of whOm must be appointed by the Minister, to serve for a term of three years.
Amendment of section 206 of Act 71 of 2008 117. Section 206 of the principal Act is hereby amended by the substitution in subsection (2)(e) for the words preceding subparagraph (i) of the following words: "divulge any confidential information referred to in paragraph (d) to any third party, except as contemplated in section 212[(5)](6), or-'".
Amendment of section 212 of Act 71 of 2008 118.
"(6) If any reasons for a decision in terms of this Act would reveal any confidential information, the Commission, the Panel, the Companies Tribunal or the Council, as the case may be, must provide a copy of the proposed reasons to the party claiming confidentiality at least [five] !Q business days before publishing those reasons.".
Amendment of section 214 of Act 71 of 2008 119.
financial statements or summaries, to the extent set out in section 29(6); or a prospectus, or a written statement contemplated in section 101, that contained an 'untrue statement' as defined and described in section 95.
"Forthe purposes of subsection (I)(d) and section 29(6), a person is a party to the preparation of a document contemplated in that subsection if-"; and by the insertion after subsection (3) of the following subsection: "(4) A person who contravenes section 99(1), (2), (3), (4), (5), (8) or and, if that person is a company, every director or prescribed officer of the company who knowingly was a party to the contravention, is a) guilty of an offence; and liable to any other person for any losses sustained as a consequence of that contravention.".
Amendment of section 218 of Act 71 of 2008 120.
"(I) [Nothing] Subject to any provision in this Act specifically declaring void an agreement, resolution or provision of an agreement, Memorandum of Incorporation, or rules of a company, nothing in this Act renders void [anl any other agreement, resolution or provision of an agreement, [resolution,] Memorandum of Incorporation or rules of a company that is prohibited, [void,] voidable or that may be declared unlawful in terms of this Act, unless a court [declares] has-;;;3de a declaration to that effect regarding that agreement, resolution or provision [to be void].".
Amendment of section 225 of Act 71 of 2008 121.
illThis Act is called the Companies Act, 2008, and, subject to subsection (2), comes into operation on a date fixed by the President by proclamation in the Gazette[, which may not be earlier than one year following the date on which 5 the President assented to this Act].
Section ll(l)(a)(ii) and (iii) shall come into operation three years from the date of commencement of this Act.
Amendment of Schedule 1 to Act 71 of 2008 122. Schedule I to the principal Act is hereby amended- I0 by the substitution in items I(I)(b).
"A non-profit company must not, directly or indirectly, pay any portion of its income or transfer any of its assets, regardless [whether] how the income or asset was derived, to any person who is or was an incorporator of the company, or who is a member or director, or person appointing a director, of the company, except-"; and 20 by the substitution in sub-item (4)(bJ for the expression "external non-profit companies" of the expression "registered external non-profit companies".
Amendment of Schedule 2 to Act 71 of 2008 123.
[either a new]!'_ Memorandum of Incorporation[, or an amendment to the company's Memorandum of Incorporation] consistent with the require· ments of this Act[, in either case]; and the prescribed filing fee.
Amendment of Schedule 3 to Act 71 of 2008 35 124. Item 4 of Part A of Schedule 3 to the principal Act is hereby amended a) by the substitution in the amendment of section 19(1)(b) ofAct No. 69 of 1984 for the expression "section II(4)" of the expression "section II (3)"; and by the substitution in the amendment of section 20 of Act No. 69 or 1984 for the expression "Sections 14(4)" of the ex pression "Sections 14(2) and (3)".
Amendment of Schedule 4 to Act 71 of 2008 125. Schedule 4 to the principal Act is hereby amended by the insertion, at the end of the Schedule, of the following: "Part A of Chapter 4 of the Consumer Protection Act, 2008 (Act No. 68 of 2008)".
Amendment of Schedule 5 to Act 71 of 2008 126.
(2) Despite section II, a pre-existing company whose name, immediately before the effective date, satisfied the requirements of section 49 of the previous Act is not required to change its name to comply with section 11(3)(c) solely on the ground that any part of its name was in an official language other than English; and may continue to usc a translated name that, immediately before the effective date, was registered and otherwise met the requirements of section 50(2) of the previous Act.
Despite the repeal of the previous Act, a pre-existing company retains all of the powers set out in that Act in respect of its shares that were issued and outstanding immediately before the effective date, to the extent necessary to give full effect to a) section 35(6); and item 6(2) of this Schedule.
file any particular document with the Commission; or take any other particular action required in terms of this Act or the company's Memorandum of Incorporation, the company may apply to the Tribunal for directions, and a member of the Tribunal may make an administrative order that is appropriate and reasonable in the circumstances.
An external company that, immediately before the effective date, was registered as such in terms of the previous Act must be regarded as having registered on the effective date as an external company in terms of this Act.
If, immediately before the general effective date, a particular pre-existing company has passed its financial year end but has not completed the requirements in terms of the previous Act for publishing, audit and approval of its annual financial statements for that financial year the provisions of the previous Act continue to apply with respect to the publishing, audit and approval of those statements; and the provisions of this Act will apply to each subsequent financial year end and annual financial statements of that company.
"(I) Any matter [filed with] pending before the Registrar under the [Companies Act, 1973 (Act No. 61 of 1973)] previous Act, or a provision of the Close Corporations Act, (Act No. 69 of I 984). amended by this Act, before the effective date and not fully addressed at that time, must be concluded by the Registrar in terms of [that] such Act, despite its repeal or amendment.".
"(3A) If, before the general effective date, the shareholders of a pre-existing company had adopted any agreement between or among themselves, under whatever style or title, comparable in purpose and effect to an agreement contemplated in section 15(7), any such agreement continues to have the same force and effect a) as of the general effective date, for a period of two years, despite section 15(7), or until changed by the shareholders who arc parties to the agreement; and after the two-year period contemplated in paragraph (a), to the extent that the agreement is consistent with this Act and the company's Memorandum of Incorporation."
a provision of an agreement contemplated in sub-item (3A), and this Act or the company's Memorandum of Incorporation, the provision of the agreement prevails, except to the extent that the agreement, or the Memorandum of Incorporation, provides otherwise; and despite Chapter 7, until a pre-existing company has filed an amendment contemplated in [snbitem) sub-item (2)(a), neither the Commission nor the Panel may issue a compliance notice to that company with respect to conduct that is inconsistent with this Act; but consistent with [that company's Memorandum of Incorporation] a provision that prevails over this Act in terms of paragraphia).
"(3) The Minister, in consultation with the member of Cabinet responsible for national financial matters, must make regulations, to take effect as of the general effective date, providing for the optional conversion and transitional status [and conversion) of any nominal or par value shares, [treasury shares] and capital accounts of a pre-existing company, but any such regulations must [-(a)) preserve the rights of shareholders associated with such shares, as at the effective date, to the extent doing so is compatible with the purposes of this item[; or (b) provide for the company to compensate its shareholders for the loss of any such rights]."
"(5) Section 164 does not apply with respect to the conversion by a company of par value or nominal value shares of a pre-existing company in terms of this item, and in accordance with the regulations.".
"(2) A person contemplated in [suhitem] sub-item (I) who, in terms of this Act, is ineligible to be, or disqualified from being, a director, alternate director, prescribed officer, company secretary of auditor is regarded [to have] as having resigned from [that] every such office iQ any company as from the effective date."
"(11) The five consecutive financial years contemplated in section 92(1) must be calculated from the date of commencement of this Act.".
"(b) a defensive name, or renewal of the registration of a defensive name, in terms of section 43 of the previous Act that was in effect immediately before the effective date must be regarded as if it had been [reserved] registered in terms of section 12~ of this Act, as from the [effective date, but any such reservation of a name expires on the earlier of the date the name is used by a company incorporated by the person for who the name has been reserved; or the second anniversary of the general effective date] actual date on which that registration or renewal was granted.".
"(3) A document that, before the effective date, had been served or filed in accordance with the previous Act must be regarded as having been satisfactorily served or filed for any comparable purpose of this Act".
Item 12 of Schedule 5 to the principal Act is hereby amended a) by the substitution in sub-item (4) for the expression "subitem (2)" of the expression "sub-items (I) and (2)"; and by the substitution in sub-item (5) for the expression "subitems (2) and (3)" of the expression "sub-items (I) to (3)".
"(i) the Commission may exercise any power of the Minister, [or] the Registrar, or the Panel may exercise any power of the Securities Regulation Panel, in terms of the previous Act to investigate and prosecute any breach of that Act that occurred during the period of three years immediately before the effective date, subject to [subitem] sub-item (2); and".
<fn>GOV-ZA.34250270En.2012-02-10.en.txt</fn>
I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby give notice under section 19(4}(a) read with section 57(1. }(a) of the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), of my intention to consider for approval the draft Highveld Priority Area Air Quality Management Plan..
Any inquiries in connection with the draft Air Quality Management Plan can be directed to Dr. T Mdluli at (012) 310-3436 or Ms MPhoshoko at (012) 310-3365.
The Highveld area in South Africa is associated with poor air quality and elevated concentrations of criteria pollutants occur due to the concentration of industrial and nonindustrial sources (Held et al, 1996; DEAT, 2006). The Minister of Environmental Affairs and Tourism, Martinus van Schalkwyk therefore declared the Highveld Priority Area (HPA) on 23 November 2007. The priority area covers 31 106 km2, including parts of Gauteng and Mpumalanga Provinces, with a single metropolitan municipality, three district municipalities, and nine local municipalities (Figure E1): As the area overlaps provincial boundaries, the Department of Environmental Affairs (DEA) functions as the lead agent in the management of the priority area and is required in terms of Section 19(1) of the National Environmental Management: Air Quality Act (Act 39 of 2004) (AQA) to develop an Air Quality Management Plan (AQMP) for the priority area.
The baseline assessment for the HPA provides a succinct presentation of the major issues to be addressed, specifically highlighting the geographical areas of concern within the HPA where dedicated Air Quality Management (AQM) interventions are to be focused. The constraints and developments in the abatement technology used and available, as well as the capacity of officials who will carry the majority of the responsibility for implementation of the AQMP have also been noted as part of the baseline assessment. These issues were carried forward as gaps and priorities into the AQMP development, of which the most significant aspect was the Logical Framework Approach (LFA) workshop. The LFA workshop scrutinised the air quality problems identified in the baseline assessment and developed problem and objective trees, and specific interventions. The workshop outcomes were taken into detailed strategy analysis and intervention development, and formed the initial draft of the AQMP.
The primary motivation of the priority area AQMP is to achieve and maintain compliance with the ambient air quality standards across the HPA, using the Constitutional principle of progressive realisation of air quality improvements. The AQMP for the HPA provides the framework for implementing departments and industry to include AQM in business planning to ensure effective implementation and monitoring.
The plan has been designed at a strategic level, indicating high-level tasks for respon~ible parties. The specific planning at an operational level, such as budgeting, human resource allocation, and detailed activity planning, has been excluded from the plan. This is to allow parties to tailor their implementation activities to their specific context, particularly organisational constraints, while still achieving the overall objective of the AQMP. The activities listed in the plan must be unpacked further by responsible parties into organisationspecific activity and intervention plans, and captured in the policy and strategic documents, such as business and investment plans, Integrated Development Plans (lOPs), and Environmental Implementation Plans (EIPs).
Summary of immediate objectives, outputs, verifiable indicators and means of verification.
Output B is to be generated.
Objective desired outcome.
C. The Capacity Development Objective C.1. National Priority Area Management Capacity C.2.
The causes of current and, potential, future poor air quality in the area are clearly defined and described.
All possible pollution mitigation strategies are described and reviewed.
Interventions are clearly described that, once implemented, will have a measurable positive impact on ambient air quality in the area.
A draft plan based on current. accurate and relevant information, informed by best practice in the field of air quality management and that provides a clear and practical plan to efficiently and effectiveiy bring air quaiity in the area into sustainable compliance with National Ambient Air Quality Standards within agreed timeframes.
A plan based on current, accurate and relevant information, informed by best practice in the field of air quality management and that provides a clear and practical plan to efficiently and effectively bring air quality in the area into sustainable compliance with National Ambient Air Quality Standards within agreed timeframes.
Active involvement of depar.tmental staff in the implementation of the project.
Assistance provided in the initial plan implementation phase.
The efficiency of the plan is ensured through interventions that deal with the real causes of poor air quality in the area.
The plan is directed by practical strategies that ensure a high probability for success.
The plan describes interventions that ensure a high probability for success.
Staff able to efficiently and effectively manage future priority areas implementation successfully launched.
The total estimated annual emissions of fine particulate matter (PM10) on the HPA is 279 630 tons, of which approximately half is attributed to dust entrainment on opencast mine haul roads (Table E1). The emission of PM10 from the primary metallurgical industry accounts for 17% of the total emission, with 12% of the total from power generation. By contrast. power generation contributes 73% of the total estimated oxides of nitrogen (NOx) emission of 978 781 tons per annum and 82% of the total estimated sulphur dioxide (802) emission of 1 622 233 tons per annum.
The emission inventory for industrial sources was relatively complete, as well as specific methodologies used for determining residential fuel burning, coal mining, transport, biomass burning and burning coalmines and smouldering coal dump emissions. Source categories where emissions could not determined were landfills, incinerators, wastewater treatment works, tyre burning, biogenic sources, odour and agricultural dust. These gaps were taken forward into the development of the AQMP, to be addressed at a later stage through the implementation.
Industrial sources in total are by far the largest contributor of emrssrons in the HPA, accounting for 89% of PM10, 90% of NOx and 99% of S02.
Ekurhuleni MM Kelvin 8909 3 15 636 2 25 772 2 Mpumalanga Industrial 684 0 590. 0 5 941 0 Clay Brick Manufacturing 9 708 3 9 963 Power Generation 34 373 12 716 719 .. 73 1337521 82 Primary Metallurgical 46 805 17 4 416 0 39 582 2 Secondary Metallurgical 3 060 229 0 3 223 0 Petrochemical 8 246 3 148 434 15 190 172 12 Mine Haul Roads 135 766 49 Motor vehicles 5 402 2 83 607 9 10 059 Household Fuel Burning 17 239 6 5600 1 12 No.
Most of the HPA experiences relatively good air quality, but ambient air quality standards for S02, PM10 and ozone (03) concentrations are exceeded in nine extensive areas. These "hot spots" are illustrated in Figure E3 by the number of modelled exceedances of the 24-hour S02 and PM10 standards, and are confirmed by ambient monitoring data (Table E2). The air quality hot spots result mostly from a combination of emissions from the different industrial sectors and residential fuel burning, with motor vehicle emissions, mining and crossboundary transport of pollutants into the HPA adding to the base loading.
Available monitoring confirms that the areas of concern are in the vicinity of Witbank 2, Middelburg, Secunda, Ermelo, Standerton, Balfour, and Komati where exceedances of ambient S02 and PM10 air quality standards occur (Table E2). Kendal 2 is specifically sited to research power station impacts and is not indicative of general ambient air quality.
NB. Row 1: The averaging period for the relevant pollutant's standard is represented below the pollutant and following, the allowed frequency of exceedance in brackets -Stations in grey blocks represent new monitoring data for the period 2008-2009 -Exceedances in bold are greater than the permitted frequency in the standard for the monitoring period.
The effects of poor dispersion conditions in the winter, particularly when low-level emissions are trapped near the surface, are evident throughout the monitoring record for all pollutants, resulting in greater frequency of exceedances of the standards. PM10 displays this seasonal trend most strikingly, showing a sharp contrast between wintertime peaks and summer minimum values at monitoring sites. Seasonal trends are clearly observed for 0 3 in the monitoring record, as springtime peaks are easily identified. Monitoring data show carbon monoxide (CO) and benzene to be within acceptable limits at the new sites. Trends in pollutant concentrations, based on current data, cannot be conclusively identified, marred in particular by poor data collection.
Exceedances of ambient air quality standards present situations where potential impacts on human health can occur. Ambient monitoring and dispersion modelling have identified nine areas on the HPA where ambient concentrations of PM10, S02 or nitrogen dioxide (N02) exceed, or predicted to exceed, the ambient standards. Exposure may be high where these exceedances coincide with populated areas and the risks to human health may be significant.
The air quality hot spots on the HPA are summarised in Table E3 with an indication of the pollutants of concern.
It is important to note that all residential areas where wood and coal are combusted experience high concentrations of particulates and CO, particularly those that are densely populated. Here, exposure can be particularly high. Due to the relatively local scale of their air pollution problem, they may not fall directly into one of the identified hot spot areas in Table E3. They are equally as important in terms of AQM.
High ambient ozone concentrations are a regional~scale problem with the 8-hour ambient standard frequently exceeded over much of the HPA.
. compounds (VOC), together with incident ultra-violet radiation from the sun.
VOC are emitted by different sources on the HPA.
Mortality outcomes have been calculated for South African urban areas (Norman et at, 2007a). This study estimates that outdoor air pollution caused 3. 7% of total mortality from cardiopulmonary disease in adults aged 30 years and older, 5.1% ofmortality attributable to cancers of the trachea, bronchus, and lung in adults, and 1.1% of mortality from acute respiratory infections in children under 5 years of age.
Exposure to indoor air pollution was associated with a number of health outcomes, including chronic obstructive pulmonary disease (COPD), lung cancer, nasopharyngeal cancer, tuberculosis, cataracts, asthma, birth defects, and acute lower respiratory infections (ALRI) among children younger than 5 years (Norman et at, 2007b). ALRis were the leading cause of death of children under 5 years worldwide, and similarly, fourth highest in South African children.
The total ALRI burden on children under 5 years was 24% in 2000, attributable to indoor air pollution from household fuel use. (Norman et at, 2007b). Similarly for COPD, the female population experienced more than double the male attributable burden. Lung cancer burden was relatively minor from indoor air pollution as a result of household fuel use. Indoor air pollution from household fuel use was responsible for 2 489 deaths, or 0.5% of the total health burden on the individual, and resulted in the loss of 60 934 disability adjusted life years, or 0.4% of the total burden (Norman et at, 2007b).
The overall objective for the HPA AQMP has been developed through multi-stakeholder interactions and is informed by policy and developments in AQM in South Africa.
To achieve the goal, it is necessary to focus on institutional arrangements, resource availability, cooperation and collaboration, and maximisation of regulatory and management tools. The goal addresses capacity development in the AQMP, looking at the necessary structures, systems, skills, incentives, interrelationships and strategy.
The goal will be achieved through a combination of emission determination and reduction, technological improvement, improved resource allocation and information provision. The use of regulatory tools and best practice principles is also provided for. Political and social awareness, alternative energy and energy efficiency, fugitive dust emissions and greenhouse gas emission reduction are also promoted as aspects towards achieving the goal. The maintenance of vehicles and equipment on sites and industrial plants are addressed, and spontaneous combustion is addressed as a contribution from the industrial mining sector.
Effective interventions, research, awareness ra1s1ng and education are major aspects in achieving the goal. Technological improvements are also critical, together with addressing the social and economic drivers of poor environmental practices.
This goal focuses on the implementation of the National Vehicle Emission Strategy, as it will provide direction on emission reduction, technological improvement, and a conducive regulatory environment.
18 No.34250 GOVERNMENT GAZETTE, 5 MAY 2011 recognised as a major driver for current reductions in vehicle emissions, which can be instituted by provincial and local authorities.
Achieving the goal is linked to access to information, resources, improving governance and authorities' capacity, and promoting air quality issues amongst stakeholders.
Management and regulatory tools are keys to achieving the goal, together with improved individual practices such as reduction of polluting inputs, awareness of unsuitable conditions and use of control measures.
In achieving the goal, it is necessary to improve waste processing, promote best practice principles and technological improvements, and address planning and delivery shortcomings, and improve regulatory control of all aspects of waste management.
In the Implementation Plan, each of the seven goals is sub-divided into logical and related objectives. In turn, activities are allocated to the respective objectives and time frames and responsibilities are allocated accordingly. The timeframes are: Short-term (1-2 years); Medium-term (3-5 years); Long-term (>5 years), and the responsibilities are allocated to the principal implementing entity (P), entities providing input (I) and entities with an oversight role only (0). Indicators to measure progress with implementation of the activities for the respective objectives are also assigned.
Personnel are equipped to perform AQM function and use AQM tools effectively Cooperatively develop training guideline 1 Short decision making (under IGRFA) e.g.
Acknowledge good performance/compliance e.g.
Low-income and informal households are energy efficient Participate in the..
On-going accessible to all stakeholders e.g.
Management alternatives to Promote grass cutting and baling in agricultural, Short, On p DEA, DoA, Reduction in burning in burning are available protected and road reserve areas, to be used as a going DoT agricultural, protected and resource e.g.
Emissions from burning of waste are reduced Motivate for regular collection of waste from skips sr.
As part of the AQMP development, work by stakeholders not directly related to air quality but having co-benefits for improved air quality in the HPA has been included. The projects listed are under development, have been implemented, or are proposed following consultation, and possible collaboration.
Department of Health : Implementation of the guideline on indoor air pollution :.
Motivate for stricter enforcement action through prosecution and.
Promote research on improving farming techniques and good : agricultural practices e.g.
Monitoring the progress of the implementation of the AQIVIP is a key factor in maintaining momentum for the rollout ofinterventions and provides a means to update key stakeholdi!rs. Working groups are the preferred mechanism for monitoring, as they are the primary means for initiation of implementation. The outcomes of the meetings will be taken for:ward into the annual evaluation exercise.
On-going evaluation is an essential element of AQMP implementation as it allows for a thorough assessment of the AQMP. Evaluation is an internal mechanism to measure the performance of the AQMP implementation.
38 No.34250 GOVERNMENT GAZETTE, 5 MAY 2011 a minimum timeframe and is ideally incorporated into the annual performance review mechanisms.
AQMP evaluation comprises an internal evaluation of the final AQMP, and an on-going evaluation, which addresses implementation outcomes. This component is regarded as a limited peer review mechanism, as the MSRG has technical and management background in AQM and is able to refine the AQMP. An evaluation checklist is provided in DEA's AQMP Manual, which deals with all aspects that require assessment.
Indicators have been developed for the AQMP implementation plan. These are ideally incorporated into the annual reports to be submitted to the Minister, as indicated in Section 17 of the AQA. These reports, together with the regular progress reports proposed in the implementation, will be incorporated into the National AQO's Annual Report, which is submitted to the Minister as well, and available to all stakeholders.
AQMP review comprises internal and external review components, and addresses further developments in the science as well as management of air quality.
With regard to the formal review of the AQMP and the implementation, a review period of every five years is recommended in the DEA Manual. The definition of the review period is subject to funding and politicai cycles, as weil as impiementation outcomes.
The process of five-yearly review is anticipated to be initiated through an internal review mechanism and incorporate the annual evaluation exercise, effectively assessing the fiveyear performance of the AQMP.
<fn>GOV-ZA.34268278En.2012-02-10.en.txt</fn>
The Minister of Water and Environmental Affairs hereby publishes the South African Weather Service Amendment Bill, 2011 in the Schedule hereto, for public comment.
By fax to: (012) 320 7561, and by e~mail to mntwana@environment.gov.
Hand delivered at: 315 Pretorius Street, Comer Pretorius and Van Der Walt Streets, Fedsure Forum Building, 2nd Floor, North Tower.
Any inquiries in connection with the South African Weather Service Amendment Bill, 2011 can be directed to Mr. Sibusiso Shabalala at (012) 310 3449.
Words underlined with asolid line indicate insertions in existing enactments.
To amend the South African Weather Services Act, 2001, so as to insert certain definitions and to substitute others; to provide for further objectives and functions of Weather Service, to provide for composition, remuneration of the Board, to provide for its governance and staff conditions of service, to provide for offences and penalties, and to amend the schedules and to provide for matters connected therewith.
Amendment of section 1 ofAct No 8 of 2001 1.
the substitution for the definition of "advisory services" of the following definition: " 'advisory services' means any climatological advice or advice on ambient air quality, and includes advice on weather outlooks, weather forecasts. [and] weather warnings, air pollution. concentrations of criteria pollutants in ambient air.
'Air Quality Act' means the National Environmental Management: Air Quality Act.
2004 {Act No.
'air quality information services'.
aJ the collection. processing and provision of ambient air quality and atmospheric emission information. data and advisorv services; bJ the operation.
improving products and the delivery of services; and ii} reducing the impact of air pollution on health and well-being.
Management Act. 1998 (Act No.
'SAAQIS' means the South African Air Quality Information System and refers to electronic information management system established in accordance with the national framework:.
Amendment of section 2 of Act 8 of 2001 2. Section 2of the principal Act is hereby amended by the addition of the following subsection: (3) The Weather Service may exercise the powers and must perform functions conferred uoon or assigned to it by the Act.. Amendment of section 3 of Act 8 of 2001 3.
the deletion of the word "and" at the end of paragraph (g).
"01 to implement the ambient air quality information management provisions of the Air Quality Act and its National Framework as the custodian of the SAAQIS and the NAAQMN.".
Amendment of section 4 of Act 8 of 2001 4.
"(a) provide such meteorological and air quality information services, including public good services and commercial services, as are necessary to achieve its objectives, provided that it is in the interests of the Weather Service and the State."
"(3) Only the Weather Service may issue severe weather-related warnings over South Africa in order to ensure that there is asingle authoritative voice in this regard.".
STAATSKOERANT, 6 MEl 2011 No.
"(4) The Weather Service may issue air pollution-related warnings if it deems necessary.". Amendment of section 5 of Act 8of 2001 5.
"OAJ air quality management:" Amendment of section 9 of Act 8 of 2001 6. Section 9of the principal Act is hereby amended by the substitution for section 9of the following section: "(9) Any member of the Board, other than the Chief Executive Officer and the official contemplated in section 5(1)(b), must be paid [such] an amount of remuneration and allowances in accordance with a level of remuneration as the Minister, with the concurrence of the Minister of Finance, may determine.".
Amendment of section 13 of Act 8 of 2001 7. The following sections are hereby substituted for section 13 of the principal Act: Chief Executive Officer 13 (1) The Board contemplated in section 5(1)(b) and (c). acting in concurrence with the Minister.
is appointed for aterm not exceeding five years: and {b may be reappointed by the Board with the concurrence of the Minister. but only for one additional term not exceeding five years.
{3) The Board must invite applications for the post contemplated under subsection (1) by publishing advertisements in the media circulating nationally.
A person appointed in the post advertised under subsection {2 must be a fit and proper person with appropriate qualifications and experience to carry out the functions of such a post.
The Chief Executive Officer is employed subject to such terms and conditions of employment as the Board mav determine in accordance with a policy approved by the Minister with the concurrence of the Cabinet member responsible for finance.
must report to the Board on aspects of management. the pertormance of duties and the exercise of powers. at such times or intervals and in such manner. as the Board may determine.
The Chief Executive Officer is the accounting officer of the Weather Service.
The Board must enter into an annual performance agreement with the Chief Executive Officer at the beginning of the Financial Year.
The Chief Executive Officer is accountable to the Board. {10 The members of the Board may. in concurrence with the Minister. terminate the services of the Chief Executive Officer.
in terms of his or her contract of employment.
{ii in the absence of a suitable employee. any other person, who in the opinion of the board has the necessary skills.
iil there is avacancy in the office of the Chief Executive Officer.
Whilst acting as Chief Executive Officer.
is employed subject to such terms and conditions of employment as the Chairperson may determine in accordance with the policy referred to in subsection 5}.
Amendment of section 14 of Act 8 of 2001 8.
"(1) [Subject to section 18, the] The Chief Executive Officer may, on such terms and conditions of service as may be determined bv the Board and in accordance with the oolicy referred to in subsection (5). aoooint or have such number of employees seconded to the Weather Service as are necessary. to enable the Weather Service to perform its functions.".
Amendment of section 17 of Act 8 of 2001 9.
{1) [Despite the provisions of) In accordance with section 49(2){a) of the Public Finance Management Act. 1999 (Act No. 1 of 1999) [Chief Executive Officer] the Board is the accounting [officer] authority of the Weather Service. and must comply with the provisions of the Public Finance Management Act, 1999.
Amendment of Chapter 7 of Act 8 of 2001 10. Chapter 7of the principal Act is hereby amended by the deletion of section 18. Insertion of section 27A in Act 8of 2001 11. The following section is hereby inserted after section 27 of the principal Act: 27A.
the exercise of any power or the performance of any duty under this Act or bJ the failure to exercise any power or perform any function or duty under this Act.
unless the exercise of or failure to exercise the power or performance or failure to perform the duty was unlawful. negligent or in bad faith.·. Insertion of section 28A in Act 8of 2001 12.
"28A Amendment of Schedule "The Minister may by notice in the Gazette amend the Schedules to the Act..
ln~ertion of section 30A in Act 8 of 2001 13.
{c unlawfully and intentionally or negligently commit any act or omission which detrimentally affects or is likely to affect Weather Service.
A person who contravenes any provisions of subsection (1) is guilty of an offence and is liable in the case of a first conviction. to a fine not exceeding R5 Million Rand. or imprisonment for a period not exceeding five years. and in the case of a second or subsequent conviction. to a fine not exceeding R10 million Rand or imprisonment for a period not exceeding ten years or in both instances to both afine and such imprisonment.
Notwithstanding anything to the contrary in any other law. amagistrate's court shall have the jurisdiction to impose any penalty prescribed by this Act.n. Amendment of Section 30 of Act 8 of 2001 14.
the substitution for subsections (1), (2) and (6) of the following subsections, respectively: (1} The Board may delegate any power and assjgn any duty of the Board in writing to the chairperson of the Board. the Chief Executive OffiCer or an employee of the Weather Service.
The Chief Executive Officer may in writing delegate any power and assign any duty conferred or imposed upon the Chief Executive Officer by or under this Act to an employee of the Weather Service. except powers delegated to the Chief Executive Officer under subsection(1).
The Minister may delegate any power entrusted to him or her in terms of this Act to the chairperson. or the Chief Executive Officer except the powers contemplated in section 28.. Amendment of Schedule 1to Act 8 of 2001 15.
The Schedules contained in the Schedule to this Act are hereby substituted for the Schedules to the principal Act.
This Act is called the South African Weather Service Amendment Act, 2011, and takes effect on adate fixed by the President by proclamation in the Gazette.
The gathering of meteorological and climatological observational data over South Africa and surrounding oceans, sufficient for the needs of the country and to comply with international obligations and in accordance with World Meteorological Organization standards, where practicable.
The carrying out of those international obligations agreed under World Meteorological Organization arrangements, including the international distribution of data and acting as Regional Telecommunications Hub and as Regional Specialised Meteorological Centre.
The provision of other meteorological services and the representation of Government in fulfilment of international obligations, where appropriate.
The provision of weather and cRmatic forecasting and warning services intended for the general benefit of the population and the safety of life and property.
The provision of daily rainfall and maximum and minimum temperatures data to the general public.
The custody of the National Climatological Databank.
The operation of a national meteorological telecommunication network and computer infrastructure necessary to provide public good services.
The maintenance of the National Meteorological Library.
The provision of advice to Government regarding meteorological and climatological matters.
The provision of meteorological and functional-related training in partnership with higher education institutions.
The conducting of research [focussed] focused on reducing the impact of weather-related natural disasters and on improving to the quality of the public good services.
The provision of meteorological support for aviation and maritime search and rescue activities in accordance with international obligations of the Government.
The provision of service for the benefit of subsistence farmers and fisheries. 14 The gathering of ambient air quality and atmospheric emission data over South Africa in compliance with paragraphs 5.2.1.3 and 5.2.1.4 of the National Framework.
The introduction of air pollution forecasting and warning services intended for the general benefit ofthe population's health and well-being.
The custody of the SAAQIS.
The operation of a national ambient air guality monitoring network.
The provision of advice to Government regarding ambient air quality matters.~.
The provision of specialised weather forecasting and climate information services.
The provision of services to the maritime industry that are not included in international obligations of the SOLAS Convention (Safety of Life at Sea).
The provision of aviation meteorological services.
Weather and climate related publications.
Meteorological consultations including advice to the legal and insurance industries.
Contracted weather and climate-related research.
Research to improve commercial services.
The dissemination of weather and dimate information.
The manufacturing and selling of meteorological equipment to State departments and users from the private sector as well as the servicing, repairing and standardisation of equipment falling within the competence of the Weather Service.
The provision of specialised services to the media.
Commercial services provided on an ad hoc basis to State departments.
~12. The provision of specialised air pollution forecasting or air quality information services.
The provision of services to the air quality management. air quality monitoring or the environmental consultancy industry.
Air quality and air quality information management-related publications.
Air quality consultations including advice to industries regulated in terms of the Air Quality Act or air quality management. air quality monitoring or the environmental consultancy industry.
Contracted air quality or air pollution-related research.
Contracted ambient air quality monitoring or modeling services.
The selling of air quality. atmospheric emission or meteorological information packages especially designed for use in air quality models.
The South African Weather Service Amendment Bill, 2011 seeks to amend the South African Weather Service Act, 2001 (Act No 8 of 2001). The Amendment Bill provides for further objectives and functions for the South African Weather Service pertaining to the ambient air quality information service. The Amendment Bill aligns the provisions pertaining to the Weather Service Board with the Public Finance Management Act, 1999 and the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004). The Amendment Bill further creates various offences.
2.1 The purpose of the South African Weather Service Act, 2001 was to establish the South African Weather Service, to determine its objects, functions and method of work, to prescribe the manner in which it is to be managed and governed and to regulate its staff and financial matters. Over the years and through implementation some areas of the South African Weather Service Act, 200'1 have been identified for review to ensure that the purpose and objectives of the Act are met in a more sustainable, effective and efficient manner and further, where appropriate are in compliance with corporate governance.
2.2 In order to meet the information requirements for good air quality governance and ensure full compliance with the National Environmental Management Air Quality Act, 2004, the Department together with the South African Weather Service have been developing the South African Air Quality Information System and the National Ambient Air Quality Monttoring Network since the promulgation of the National Environmental Management: Air Quality Act, 2004 in 2005. The former is an electronic web-based information system that has the stated objective of providing all stakeholders with easy access to all relevant information about air quality in South Africa and further provides different stakeholders wtth different useful on-line applications to support the effective and efficient management of air quality. Both these systems are in operation, but require a clear mandate and empowering clause to implement them efficiently and effectively.
2.3 Although the Department. in partnership with the South African Weather Servioo, has been developing the South African Air Quality Information System and the National Ambient Air Quality Monitoring Network since 2005, the only formal agree~nt for the Department and South African Weather Service relationship in this regard is a very broad Memorandum of Agreement. Thus, to ensure the sustainability of these systems as well as ensure that the South African Weather Service is provided with the necessary mandate and powers to implement these systems efficiently and effectively, both parties have agreed that an amendment to the South African Weather Service Act, 2001 is desirable.
The South African Weather Service Act, 2001 further provides for the meteorological services, including good services as are necessary to achieve its objectives. The South African Weather Service is a member of the World Meteorological Organisation and as such has a legal obligation to comply and implement Resolution 40 of the Twelfth Congress of the World Meteorological Organization. In this regard, it is necessary that in respect of severe weatherrelated warnings that only the South African Weather Service should be able to issue these warnings in order to ensure that there is only one authoritative voice.
3.1 Clause 1: Amendment of section 1 This amendment contains afew new self-explanatory definitions. Of importance is the inclusion of the term "ambient air quality" in various definitions to increase the advisory services, as well as including definitions of "air quality information services", "the National Ambient Air Quality Monitoring Network and "the South African Air Quality Information System" which is in line with the present functions of the Weather Service. The amendment also seeks to define certain technical terms for clarity purposes.
3.2 Clause 2: Amendment of section 2 This amendment will provide the South African Weather Service with a legal mandate to carry out all the powers and functions assigned or conferred to it under the South African Weather Service Act. 2001 or any other Act of Parliament.
3.3 Clause 3: Amendment of section 3 This amendment will include the terms ambient air quality information· and "air pollution" as a function of South African Weather Service and will also makes reference to the South African Air Quality Information System and the National Ambient Air Quality MonHoring Network. In this regard, this amendment institutionalises the South African Air Quality Information System and the National Ambient Air Quality Monitoring Network to the South African Weather Service objectives.
3.4 Clause 4: Amendment of section 4 This amendment will insert the South African Air Quality Information System and the National Ambient Air Quality MonHoring Network activities. In this regard, it makes reference to air quality information to be consistent in the Amendment Bill. This amendment will also recognise only the South African Weather Service to issue severe weather-related warnings over South Africa in order to ensure that there is a single authoritative voice. In addition, the South African Weather Service may issue air-pollution warnings if it deems necessary.
3.5 Clause 5: Amendment of section 5 This amendment will insert air quality management as one of the issues that the Minister should consider when appointing members of the Board of the South African Weather Service.
6 Clause 6: Amendment of section 9 This amendment will ensure the alignment of remuneration of the members of the Board in line with Public Finance Management Act, 1999.
3.7 Clause 7: Amendment of Section 13 This amendment will replace the Chapter 4 of the Act and will insert the procedure for appointment of the Chief Executive Officer, his or her qualifications for appointment, terms and conditions of appointment and method of remuneration. This amendment will also set out the functions of Chief Executive Officer as well as the grounds for the termination of his or her services. The amendment will further ensure the alignment with the Public Finance Management Act, 1999 by recognising the Chief Executive Officer as the accounting officer of the Weather Service. In addition, this amendment will also make provision for the appointment of an acting Chief Executive Officer and will also insert a new provision that the appointment of an acting Chief Executive Officer will not be limited to suitable senior employees of the South African Weather Service, but will also include other persons who have the necessary skills, knowledge and experience.
Clause 8: Amendment of section 14 This amendment will rectify consequential changes as a result of the amendment to section 18 of the South African Weather Service Act, 2001, namely, transitional provisions providing for the transfer of staff from the former Chief Directorate Weather Bureau of the Department.
Clause 9: Amendment of section 17 This amendment will insert a paragraph recognising the Board of the South African Weather Service as the accounting authority. This insertion will ensure the alignment with the provisions of the Public Finance Management Act, 1999.
Clause 10: Deletion ofsection 18 This amendment will delete section 18 of the South African Weather Service Act, 2001, as this section was a transitional provision that is no longer applicable. Section 18 of the South African Weather Service Act, 2001 is transitional provisions providing for the transfer of staff from the former Chief Directorate Weather Bureau of the Department.
Clause 11: Insertion of section 27A This amendment will insert a new section limiting the liability of the South African Weather Service under certain circumstances.
3.12 Clause 12: Insertion of Section 28A The normal procedure relating to the amendment of the Act must be followed should the Minister wish to amend a Schedule to the Act. This can be time consuming when only minor amendments are to be made. This amendment will insert a new section allowing for the amendment of aSchedule to the Act by notice in the Gazette.
Clause 13: Insertion of section 30A The South African Weather Service Act, 2001 makes no provision for offences. This amendment will insert a new section on offences and penalties. This amendment will, amongst others, make it an offence for any person to issue a severe weather or air pollution-related warning without awritten permission from the South African Weather Service. The amendment will further insert a fine and/or term of imprisonment in line with other environmental legislation (R5 million rand or imprisonment for a period not exceeding five years for a first offence). The magistrates' court will also be given jurisdiction to impose the penalty prescribed in this amendment.
3.14 Clause 14: Amendment of section 30 This amendment will allow for the delegation of certain powers and duties from the South African Weather Service Board to the Chairperson of the Board, Chief Executive Officer or an employee of the South African Weather Service. The amendment will further allow for the delegation of certain powers and duties from the Chief Executive Officer to an employee of the South African Weather Service. The Minister will also be allowed to delegate certain powers under the Act to the Chairperson of the South African Weather Service Board or Chief Executive Officer of the South African Weather Service.
Clause 15: Amendment ofthe Schedules to the Act This amendment will amend certain items in Schedules 1 and 2 to the Act respectively by making reference to the South African Air Quality Information System and the National Ambient Air Quality Monitoring Network.
The Department of Environmental Affairs budget for South African Weather Service will increase to include additional funds for the implementation of the proposed amendments relating to the South African Air Quality Information System and the National Ambient Air Quality Monitoring Network.
In this regard, a Business Case Study was undertaken to assess and analyse the financial implications to the South African Weather Service for the transfer of the South African Air Quality Information System and the National Ambient Air Quality Monitoring Network function.
Output B: South African Air Quality lnfonnation System and National Ambient Air Quality Monitoring Network 2010..
{g Output G: South African Weather Service Act Amendment alignment audit-A report of how Outputs A to D are aligned with the South African Weather Service Act Amendment with suggestions on possible amendments to ensure full alignment.
The amendments do not create new structures within the Department of Environmental Affairs. The Department, in terms of the amendments, is transferring the South African Air Quality Information System and the National Ambient Air Quality Monitoring Network function to the South African Weather Service. In essence, the Department will monitor and support the South African Weather Service in the performance of the function. Accordingly, a new Air Quality Information Unit will be established at the South African Weather Service to implement the South African Air Quality Information System and the National Ambient Air Quality Monitoring Network function.
Appropriate communication measures will be implemented by the Government Communication and Information System.
9.1 The State Law Advisers and the Department of Environmental Affairs are of the opinion that this Bill must be dealt with in accordance with the procedure established by section 75 of the Constitution since it contains no provision to which the procedure set out in section 7 4 or 76 of the Constitution applies.
9.2 The State Law Advisers are of the opinion that it is not necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1)(a) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), since it does not contain provisions pertaining to customary law or custom of traditional communities.
<fn>GOV-ZA.34276281En.2012-02-10.en.txt</fn>
Interested parties are invited to submit written comments on the Executive Members' Ethics Amendment Bill, 2011 ("the Bill") set out below to the Director General: Justice and Constitutional Development on or before 3 June 2011.
Ifsent by E-mail, be sent to jdelange@justice.gov.
In terms of section 3 of the Executive Members' Ethics Act, 1998 (Act No.
Ethics Code (the Code) by a member of the Cabinet to the President. The President must, in tum, submit a copy of that report and any comments thereon, together with a report on any action taken or to be taken in regard thereto, to the National Assembly.
National Assembly. The Bill consequently aims to make provision for such a procedure.
Assembly.
Assembly for consideration and a report thereon by the committee.
BILL To amend the Executive Members' Ethics Act, 1998, so as to further regulate the procedure to be followed by the Public Protector when reporting on conduct of the President; and to provide for matters connected thereto. PARLIAMENT of the Republic of South Africa, enacts as follows:-Substitution ofsection 3 ofAct 82 of 1998 1. The following section is hereby substituted for section 3 of the Executive Members' Ethics Act, 1998 (Act No.
STAATSKOERANT, 6 MEl 2011 No.34276 3. (1) The Public Protector must investigate any alleged breach of the code of ethics on receipt of a complaint contemplated in section 4.
The Public Protector must submit a report on the alleged breach of the code of ethics within 30 days.
to the Speaker of the National Assembly.
[(b)](rl to th~ Premier of the province concerned, if the complaint is against an MEC.
If the Public Protector reports at the end of the period referred to in subsection (2) that the investigation has not yet been completed, the Public Protector must submit another report when the investigation has been completed.
When conducting an investigation in terms of this section, the Public Protector has all the powers vested in the Public Protector in terms of the Public Protector Act, 1994 (Act No. 23 of 1994).
(a) The Speaker must within a reasonable time, but not later than 14 days after receiving a report referred to in subsection (2)(a), table that report in the National Assembly.
If the report is on an investigation that has been completed, the Speaker must, in accordance with the Rules of the Assembly, refer the report to a committee of the Assembly for consideration and a report thereon by the committee.
must be considered by the Assembly in accordance with its Rules.
The President must within a reasonable time, but not later than 14 days after receiving a report on a Cabinet member or Deputy Minister referred to in subsection [(2)(a)] (1)(.bl, submit a copy of the report and any comments thereon, together with a report on any action taken or to be taken in regard thereto, to the National Assembly.
The President must within a reasonable time, but not later than 14 days after receiving a report on a Premier referred to in subsection [(2)(a)] (2)@, submit a copy of the report and any comments thereon to the National Council of Provinces.
The Premier must within a reasonable time, but not later than 14 days after receiving a report referred to in subsection [(2)(b)] Q)(ct, submit a copy of the report and any comments thereon, together with a report on any action taken or to be taken in regard thereto, to the provincial legislature.
This Act is called the Executive Members' Ethics Amendment Act, 2011.
<fn>GOV-ZA.34285rg9534gon420En.2012-02-10.en.txt</fn>
The Minister of Health intends, in terms of Section 15 (1) of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972), to make the regulations in the Schedule.
Interested persons are invited to submit any substantiated comments or representations on the proposed amendment regulations to the Director-General: Health, Private Bag X 828, Pretoria, 0001 (for the attention of the Director: Food Control) within three months of the date of the publication of this notice.
In these regulations, the Regulations, means the regulations published under Government Notice No. R. 246 of 11 February 1994, as corrected by Government Notice No. R. 1148 of 26 August 1994 and amended by the Government Notices No. R. 494 of 8 June 2001, No. R. 525 of 3 May 2002, No. R. 247 of 24 March 2005, No. R. 1047 of 20 October 2006 and No. R. 548 of 2010.
II I m Foodstuff MRL (mg/kg) Apples, pears 0.5.
Grapes table and wine} 1 0.1 Ground nuts 0.01 Beans 1.
Raspberries ' 10 Canola 0.
Wheat (seed) 0.
Pears ! 2 0.
Barley 0.05 0.
0.2 . Wheat ! 0.
Calculation of exposure of MRL(s) based on an Acceptable o.
<fn>GOV-ZA.34289290En.2012-02-10.en.txt</fn>
The Department of Energy (the Department) intends to submit an Independent System and Market Operator Bill to Parliament. You are hereby requested to submit your comments on this Bill to the Department no later than 13 Jillle 2011.
To provide for the establishment of an Independent System and Market Operator as a national public entity, for the electricity supply industry in South Africa, in line with government policy and for matters associated therewith.
"Companies Act" means the Companies Act, 2008 (Act No.
"distribution power system".
"Electricity Regulation Act" means the Electricity Regulation Act, 2006 Act No.
Act, 2001 (Act No.
"NERSA" means the National Energy Regulator of South Africa established in terms of section 3 ofthe National Energy Regulator Act, 2004 (Act No. 40 of2004); "Public Finance Management Act" means the Public Finance Management Act, 1999 (ActNo.
"transmission" means the conveyance of electricity above 132kV through a transmission network; and "transmission network" means a transmission power system consisting of transmission lines and all associated transmission infrastructure, assets and rights owned, controlled or exercised by a transmission licensee.
The objects of this Act are to provide for an Independent System and Market Operator (ISMO) as a company that is financially viable and responsible for the planning of supply of electricity by generators through the national transmission system, electricity dispatch and aggregation in respect of sale of electricity by generators , act as the buyer of electricity from generators for the Republic of South Africa and sell electricity to ISMO Customers, in a manner that will minimize the overall costs of electricity to customers and to provide for matters incidental thereto.
selling electricity purchased by it to ISMO Customers and for another matters as are within the contemplation ofthis Act to be the responsibility ofiSMO.
Despite the provisions of the Companies Act, the government shall, on incorporation of the Company and for as long as it so wishes, be the only member of such company.
The Registrar of Companies must, notwithstanding any other provisions of the Companies Act to the contrary, upon receipt of the Memorandum of Incorporation from and such other documents provided by the Minister for the purposes hereof register a company as a public company under the name "Independent System and Market Operator of South Africa Ltd."
authorise such changes to standard documentation as may be necessary to give effect to the registration of the company as a public company; and issue to that entity the necessary documents to enable it to conduct business as a corporate entity.
The Minister shall exercise the rights of a shareholder in ISMO in ·respect of the shares held by the government provided that for as long as the government is the sole or majority shareholder in ISMO, sections 60, 66, 190 and 344(d) of the Companies Act shall not apply.
4.(1) The Memorandum of Incorporation of ISMO must be drawn up in such a manner that the contents thereof are consistent with this Act.
The Memorandum of Incorporation shall vest ISMO with the authority to assist the Minister with the planning for new generation capacity, to make recommendation with regard to planning for required additions to the national transmission power system and transmission network, to act as a buyer of electricity from generators and seller of electricity to ISMO Customers, and for all matters connected therewith as may be necessary or expedient.
The Memorandum of Incorporation may vest ISMO with such powers as are typically required for the operation of a company, having regard to provisions of section 4(1).
The Companies Act, or any other act identified by the Minister shall not apply to ISMO to the extent that any contrary arrangement is provided for in this Act; or the relevant minister responsible for such act has issued a declaration under subsection (2).
The Minister may from time to time and when considered necessary, at the sole discretion of the Minister, request the minister responsible for the Companies Act, or any other act identified by the Minister not to be applicable to ISMO.
The request issued in terms of subsection (2) must be appropriately motivated to the relevant minister or other responsible authority, for such act.
The financial year of ISMO shall be from l April in any given year to the end of March the following year.
ISMO's books of account shall be audited in compliance with the Public Finance Management Act and/or such other legislation as is applicable in relation to the audit of the books of national public entities, for as long as ISMO remains to be a public entity.
Subject to the provisions of section 3, the Board is responsible for managing the business and affairs ofthe ISMO.
The Board shall consist of a minimum of seven and a maximum of nine members.
The members of the Board shall be appointed by the Minister from a short-list of candidates presented to the Minister by the Chairperson of the nominations committee in terms of section 8.
The Minister must appoint one member of the Board as the Chairperson.
The Board must elect a Deputy Chairperson from among the directors.
A director shall hold office for a maximum period of four years at a time, provided that they may be reappointed by the Minister to ensure continuity and maintain expertise, but may not serve for more than a maximum of eight consecutive years.
The term of office of non-executive directors terms shall be rotated and staggered in order to ensure efficiency and continuity in that only a minority of the directors term of office ends at the same time.
A director is appointed on such terms and conditions and is entitled to such remuneration as the Minister may, with the concurrence of the Minister of Finance, stipulate in that member's letter of appointment.
Whenever a position on the Board becomes vacant, the Minister may appoint any person to serve as interim Board member until such time as a replacement director has been nominated and appointed in terms of section 8.
(1 0) The Minister may extend the term of office of a non-executive members of the Board upon the expiry of their terms of office for such period as may be necessary to finalise the appointment of new Board members in terms of section 8.
if the member fails to attend five consecutive meetings of the Board without a valid explanation; or on good cause shown.
8.(I) Whenever a vacancy of a non-executive member of the Board occurs, the DirectorGeneral shall as soon as possible by notice in the press invite nominations for candidates to be appointed as non-executive directors to the ISMO Board.
As soon as possible after the closing date for nominations referred to in subsection (1), the Director-General shall call together an ad-hoc nomination committee consisting of representatives of the Department, the · National Treasury, and any other department that the Director General may recommend to the Minister to compile a short list of candidates who have skills in the areas referred to subsection (2).
The nomination committee shall be chaired by the Director General.
The nomination committee shall strive for a unanimous decision in compiling a short list of candidates but in the event that this cannot be achieved the Director General shall have a deciding vote in addition to a deliberative vote.
The Director General shall submit the short list of candidates compiled in terms of subsection (3) to the Minister who shall select a candidate from such list for each vacancy on the Board.
A person may not be appointed or remain a director if such a person is disqualified in terms ofthe Companies Act.
A member of the Board must, upon appointment, and whenever such member's interests changes, submit to Board a written statement in which that member's interests in any other business are declared, and whether he or she has any direct or indirect financial interest in the business of ISMO which could reasonably be perceived to be a conflict of interest.
A member of the Board may not be present at, or take part in, the discussion of or the taking of a decision on any matter before the Board in which that member or his or her family member, business partner or associate has or is perceived to have a financial interest.
If any member of the Board acquires an interest that could reasonably be expected to be an interest contemplated in this section, he or she must immediately in writing declare that fact to the Board.
If an organisation or enterprise in which a member of the Board has an interest contemplated in subsection (2) offer its services to ISMO, the organisation or enterprise must immediately, in \Vriting, declare the member's interest to the Board.
must establish an audit committee and such other committees as required by the PFMA and other applicable legislation.
A committee may be established as a permanent committee or an ad hoc committee.
be chaired by a member appointed by the Board.
Committees will not have executive powers unless the Board delegates any of its powers to the committee; or legislation requires that such power should be exercised by the committee.
the procedures for its meetings; and the frequency of meetings, provided that standing committees must meet at least twice in each calendar year.
Committee members who are not Board members may be remunerated on the basis determined by the Minister with the concurrence of the Minister of Finance.
confirm the.
identifY functions intended to be delegated to management and provide a framework for appointing senior staff for the Agency; and deal with any other matter that may be prescribed.
The Charter must be submitted to the Minister before it is finalized in order to allow the Minister to comment on its contents.
The Board must summarise the Charter in the annual report and review it at least every three years.
13 .(1) The Board shall, subject to the prior approval of the Minister, appoint a Chief Executive Officer, Chief Financial Officer and Chief Operating Officer.
Whenever a vacancy for the position of the Chief Executive Officer occurs, the Chairperson of the Board must invite applications for the posts contemplated in subsection by advertisement in a national newspaper.
A person appointed as Chief Executive Officer, Chief Financial Officer and Chief Operating Officer must have qualifications and experience appropriate to the functions of ISMO and the position applied for; and may not be a person disqualified from holding position of trust or a person who would not qualify to be appointed as a director of a company in terms of the Companies Act.
(4)(a) The appointment of the Chief Executive Officer, Chief Financial Officer and Chief Operating officer is subject to the conclusion of a contract for a specific period of time not exceeding five years on such conditions, including conditions relating to remuneration and performance incentives, as the Board may determine.
The Chief Executive Officer, Chief Financial Officer and Chief Operating Officer may with the prior approval of the Minister be reappointed for a further periods not exceeding five years at a time, provided that he or she may not serve for a period of more than ten successive years.
The non-executive members of the Board shall appoint a person to serve as the acting Chief Executive Officer until such time as a Chief Executive Officer is appointed: Provided that the acting Chief Executive Officer may exercise all the powers, duties and functions assigned to the Chief Executive Officer in terms of this Act.; and the acting Chief Executive Officer shall designate persons to respectively act as Chief Financial Officer and Chief Operating Officer until such time as a Chief Financial Officer and Chief Operating Officer are appointed in terms ofthis section.
ensure that all information required for the Board meetings has been made available to the Board in appropriate time for such meetings; and at the request of the Board, attend Board meetings (together with such other officers of ISMO as may be required for such meetings) in order to assist the Board with its deliberations, provided that the CEO and any such officers shall not thereby have any powers to vote in the meetings.
The Board shall, in accordance with and subject to the applicable laws including the Public Finance Management Act, delegate and assign to the Chief Financial Officer such of his or her powers and duties as may be necessary to enable the management of ISMO based on a delegation policy and framework pre-approved by the Board ofiSMO.
The Chief Executive Officer may, in accordance with a human resource, remuneration and service benefit structure approved by the Board, enter into employment or other agreements with persons for the performance of specific duties or the provision of specific services as may be necessary for the proper discharge of ISMO' s functions.
With respect to the Integrated Resource Plan (IRP), the Minister may require ISMO to provide assistance for the purpose of developing, implementing, and monitoring the IRP.
perform a short term, day to day, week to week, load forecast as an input into the short term energy and capacity planning functions; and develop generation integration agreements that specify the technical requirements that must be met by all generators above a threshold size determined by NERSA, including information to be included such as protection, metering, control, communication, var/voltage control and maintenance scheduling requirements.
develop a risk management policy and associated implementing procedures to ensure that risks associated with the purchase and sale of energy, capacity or other products are addressed, including currency exchange and price risk; and develop and implement capacity and energy supply tariffs for all sales to ISMO Customers.
ISMO shall be accountable for the proper execution of the functions referred to in sections 16 to 18.
(2)Notwithstanding the provisions of subsection (I), the Minister may, in consultation with Cabinet transfer the functions referred to in section 16 to 18 to ISMO by notice in the Gazette. The functions referred to herein may be transferred through a regulation specifying the process to be followed by both Eskom and ISMO.
The State, represented by the Minister, may grant loans to ISMO from moneys made available by Parliament for that purpose.
ISMO will pay interest on such a loan at a rate determined by the Minister acting with the concurrence of the Minister of Finance, and must repay the loan in line with the arrangements agreed with the Minister.
(l)(a) Not later than 30 days before the end of each financial year ISMO must submit its business and financial plan for the following financial year to the Minister for approval.
Notwithstanding, the business and financial plan for ISMO's first financial year must be submitted to the Minister for approval within 90 days after the incorporation date.
any other information and particulars that may be prescribed; and any additional relevant information that may be requested by the Minister in writing.
(3)(a) ISMO must submit to the Minister for approval, not later than 30 days before the end of its financial years and of every financial year thereafter, a strategic plan covering the period of five years commencing on the first day of the firstfollowing financial year concerned.
A strategic plan must be annexed to ISMO's business and financial plan for any financial year which is also the first year ofthe five-year period to be covered by the strategic plan.
Notwithstanding the provisions of any law, ISMO may not at the instance of any person other than the government be placed under judicial management or in liquidation except ifauthorised by an Act of Parliament adopted specifically for that purpose.
such other funds and assets as may be approved by the Minister after consultation with the Minister ofFinance.
The funds and assets of ISMO may only be used for the performance of its functions and activities related thereto.
ISMO may not dispose of the majority of its assets or such part of its assets as would have a significant impact on the ability to perform its functions without the prior approval of the Minister of Finance.
All of ISMO's normal costs shall be recovered from tariffs, rates and charges to ISMO Customers, provided that ISMO shall only not be allowed to recover a tariff, rate or charge to the extent that it is not prohibited by legislation or regulation from levying such tariff, rate or charge.
In the event that an ISMO Customer does not pay any tariff, rate or charge due, and notwithstanding ISMO's remedies in law, ISMO may, notwithstanding any provision in any law to the contrary, refuse to provide part or all of any services to such customer until all outstanding arrears, including administration fees, collection costs and legal fees, have been paid by such customer.
provide security for money thus borrowed or raised.
may at all reasonable times enter any premises to which electricity is or has been supplied by ISMO, in order to inspect any lines, meters, fittings, works and apparatus belonging to ISMO, or for the purpose of ascertaining the quantity of electricity consumed, or where a supply is no longer required, or where ISMO may cut off the supply, for the purpose of removing any lines, meters, fittings, works and apparatus belonging to ISMO.
Any person wishing to enter any premises in terms of subsection (1) shall if possible, make the necessary arrangements with the legal occupant of the premises before entering such premises and shall adhere to all reasonable security measures, if any, of the occupant or owner of the premises; and exhibit his authorisation at the request of any person materially affected by his activities.
Damage caused by such entry, inspection or removal shall be repaired or compensated for by ISMO.
All borrowings effected by ISMO and any interest or other costs due or to become due in respect thereof, unless otherwise agreed between ISMO and the lender, shall be a first charge against all revenues and assets of ISMO and on all moneys recovered or to be recovered by it.
(2)(a) If any interest due in respect of any securities remains unpaid for three months after demand therefor in writing has been lodged with ISMO, the holder thereof may apply to a high court having jurisdiction for the appointment of a receiver of the revenues and assets referred to in subsection (1).
make such order and give such directions as in the circumstances it may deem necessary for the raising and payment of the moneys due; and in particular, order that any prices of electricity supplied or to be supplied be increased to meet the deficit, and the exercise of such order does not require the sanction of any authority.
If such default in payment of interest in whole or in part continues for a further period of three months, the holder of the securities may apply to a high court having jurisdiction for a declaration that the outstanding principal sum for the time being has become due, and the court may make such declaration, together with any consequential order or declaration.
In the event of default in payment of the principal sum of any security for one month after the date on which it is repayable, the provisions of subsections (2) and (3) apply with the necessary changes.
(l)(a) Eskom Holdings shall upon commencement ofthis Act, and within the time period determined by the Minister by notice in the Gazette, compile a list of all the fixed property and other real rights in fixed property, movable assets, intellectual property and all liabilities, rights and obligations arising from or relating to or attributable to the functions performed by Eskom immediately prior to the commencement of this Act and that can legally be transferred, ceded or assigned to ISMO in order that it can perform its functions as set out terms of this Act, including the values applicable to each asset, right liability or obligation, and provide such list to the Board for its consideration.
The Board shall consider the list provided in terms of paragraph (a) and may consult and negotiate with the Eskom Holdings Board thereon with a view of obtaining a comprehensive list of all assets, rights, liabilities and obligations arising from or relating or attributable to the functions that will be the responsibility of ISMO in terms of this Act, their associated values, and whether such assets, rights, liabilities and obligations can be transferred, ceded or assigned to ISMO.
Upon agreement between the Board and the Eskom Holdings Board as to the contents of the list and the values as contemplated in subsection (1), the The Minister may determine by notice in the Gazette that the fixed property, servitudes and other real rights in fixed property, movable assets, intellectual property and all liabilities, rights and obligations set out in such list, with effect from a date specified in such notice, be transferred, ceded or assigned to ISMO from another organ of state organ, after consultation with such organ of state.: Provided that in the event that no agreement is reached between the Board and the Eskom Holdings Board within a reasonable time, the Minister shall finally determine the fixed property, servitudes and other real rights in fixed property, movable assets, intellectual property and all liabilities, rights and obligations and corresponding values to be transferred, ceded or assigned to ISMO; and different vesting dates can be determined by the Minister for different assets, rights liabilities and obligations to facilitate the phasing in of functions by ISMO in terms of section 20(2).
(2)(a) Any reference to such organ of state in the patents register, trademarks register, designs register, deeds register or any other register is with effect from a vesting date contemplated in subsection l(c) deemed to be a reference to ISMO.
Notwithstanding the provisions of section 5 of the State Land Disposal Act, 1961 (Act No. 48 of 1961), and the provisions of the Deeds Registries Act, 1937 (Act No. 47 of 193 7), a registrar of deeds referred to in section 1 02 of the latter Act must, on submission of a certificate by the Minister that land, servitudes, real rights in land or leases have vested in ISMO under this section, make such entries and endorsements free of charge as the registrar considers necessary in any appropriate register in order to register the transfer thereof in the name ofiSMO.
· (3) Notwistanding any provision in any other law to the contrary, ISMO and such organ of state shall be exempt from any value-added tax, donations tax, capital gains tax, provincial or municipal fees or taxes, stamp duties, transfer duties or registration fees payable in terms of any law in relation to the transfer of anything specified on the list.
After the transfer of any of the function to ISMO in accordance with section 19, ISMO has six months to acquire the required licence in terms of the Electricity Regulation Act. The Minister may extend the period through a notice published in the government gazette.
The Minister may by notice in the Gazette, make any regulation necessary to facilitate the establishment and operation ofiSMO.
This Act is called the Independent System and Market Operator Act, 2011, and comes into operation on a date fixed by the President by proclamation in the Gazette.
<fn>GOV-ZA.3429421En.2012-02-10.en.txt</fn>
The House met at 14:06.
The SPEAKER: Order! Hon members, I wish to announce that the vacancies which occurred owing to the resignations of Mr R Coetzee, Mr A T Fritz, Ms D van der Walt and Mr A Louw have been filled with effect from 10 September 2010 by the nominations of Mr T D Harris, Adv L H Max, Mr J F Smalle and Mr D J Stubbe, respectively.
In terms of section 48 of the Constitution members of the National Assembly must swear or affirm faithfulness to the Republic and obedience to the Constitution before they begin to perform their functions in the National Assembly. Will two members please accompany the members into the Chamber [Applause.?
Mr T D Harris, Adv L H Max, Mr J F Smalle and Mr D J Stubbe, accompanied by Mr M Waters and Mr A C Steyn, made and subscribed the oath, and took their seats.
The SPEAKER: Order! Hon members, I wish to announce further that the vacancy which occurred owing to the resignation of Ms P de Lille has been filled by the nomination of Ms S U Paulse, with effect from 10 September. Will two members please accompany the member into the Chamber.
Ms S U Paulse, accompanied by Mr M H Hoosen and Mr J J McGluwa, made and subscribed the oath, and took her seat.
debates the increase in the level of home and business robberies across South Africa, as revealed by the crime statistics for the period 1 April 2009 to 31 March 2010; and comes up with possible solutions to reduce this category of crime.
That the House debates the environmental degradation of the world's most sensitive landscapes and ecosystems, with special reference to the current state of the Tibetan Plateau, and how such degradation can negatively impact on the cultures and livelihoods of certain groups of people.
That the House debates a plan to accelerate the challenge of delivering water and sanitation to meet the 2014 deadline.
That the House debates the total unacceptability of the continued bungling by the police in respect of taking blood samples of drunken drivers in the manner specified by the law in that once again, for the umpteenth time, the metro police in the so-called Jub Jub drag-racing accident, in which four innocent schoolchildren lost their lives, bungled the taking of blood samples as a result of their ineptitude and thereby caused the case of the state to be weakened.
That the House debates the termination of the special dispensation to Zimbabwean citizens and the implications this decision may have for the South African economy and social cohesion.
That the House debates the dire consequences of the disruption of trial examinations in Port Elizabeth by the ANC-aligned Sadtu and in Limpopo by the ANC-aligned Cosas, after a strike that has halted progress in preparing learners for the final examinations.
That the House debates on the occasion of the 50th anniversary of democracy in exile in Tibet the endorsement of the Rome Declaration on Tibet, adopted by the Fifth World Parliamentarians' Convention on Tibet, which seeks to recognise limited autonomy for debate within a unified China, and full recognition of the human rights and liberties which we hold dear and which are enshrined in our Constitution and which are still denied to the people in Tibet and the people in China alike.
That the House debates how the appropriate planning of human settlement projects can contribute to the fight against crime and whether interventions are required to improve planning in this regard.
That the House debates whether all medical practitioners in private practice as well as all medical facilities, such as hospitals and clinics, have current contracts with registered waste management companies for the safe disposal of all medical waste, considering that two KwaZulu-Natal hospitals were alleged to have dumped medical waste illegally in Mariannhill three months ago.
That the House debates rural development plans to assist with the implementation of large-scale programmes to establish new smallhold farmers.
That the House debates the recently released World Economic Forum Global Competitiveness Report of 2010 to 2011, which ranks South Africa number 137th out of 139 countries when it comes to the quality of mathematics and science education, and ranks South Africa 125th in terms of the quality of primary school education.
considers the role of South Africa in supporting the people of Tibet in achieving the same fundamental human rights; and acknowledges their right to participate fully in all issues concerning their present, future and wellbeing, as well as the rights of freedom of religion, association and freedom from all forms of oppression.
debates the consequences of the long-running national Public Service strike on international perceptions of our country as a tourist destination; and determines whether any remedial action is required to improve the perceptions of foreigners who may be considering South Africa as a destination, but have had their confidence in the country dented as a result of the strike.
That the House debates confronting the challenges that stand in the way of reviving the primary health care system as part of reducing the huge burden of disease that the country is faced with.
notes that, as the basis for discussion leading to positive meaningful change in Tibet, this policy document is consistent with the principles outlined in the constitution and laws of the People's Republic of China; and supports the recommendations of the Fifth Tibet Work Forum to improve the lives of the Tibetan people, especially in rural areas which are economically marginalised, by directly involving Tibetans in development programmes.
That the House debates the recent outrage expressed by women and children's rights organisations regarding the sexual offence statistics that were released recently, in particular the accuracy of the claim that these statistics are like skeletons of the truth in that they do not flesh out the bigger picture of the problem.
believes that this refusal of entry was due, in principle, to political pressure being exerted upon the government of South Africa by the People's Republic of China and there was no reason, other than that of political interest, for preventing the Dalai Lama from entering South Africa; and notes that this was an aberration of our fundamental constitutional rights of religious freedom, freedom of speech and opinion, as well as the Dalai Lama's reasonable entitlement to just administrative action.
debates the high incidence of road accidents and fatalities occurring on South African roads; and comes up with solutions to decrease these.
debates whether Eskom, which is unable to meet the energy demands of the country, is justified in supplying electricity to corporate businesses outside the borders of our country at prices far below those which obtain in respect of South African companies; and notes that by so doing it is impeding industrial growth in South Africa.
notes that this is part of the Know Your National Parks campaign to give South Africans the opportunity to visit our parks; and encourages South Africans, especially those from the communities around the parks, to use this opportunity to visit our national parks.
recognises that the International Day of Peace provides an opportunity for individuals, organisations and nations to create practical acts of peace on a shared date; and urges all South Africans to take this opportunity to promote peace in our communities and society at large.
That notwithstanding the provisions of Rules 29(8) and 113(1), Questions shall not have precedence tomorrow, 15 September 2010.
Ms A VAN WYK (ANC): Speaker, the ANC welcomes the release of the national crime statistics for the past fiscal year by the Minister of Police, Nathi Mthethwa, signifying a tremendous decline in the murder rate for that period. Murder decreased by 8,6% from 1 April 2009 to 31 March 2010.
There has been a noticeable decline in crime in other categories. Crimes such as car hijacking, attempted murder, aggravated robberies, street robberies, cash-in-transit heists and bank robberies all showed a decrease.
Whilst there may have been increases in crime at nonresidential premises, we are further gratified to note that in almost all major business sectors there has been a significant decrease in robberies.
In dealing with issues of crime, the ANC proceeds from the premise that the rising quality of life also means improvement in the safety and security of citizens in their homes and environments - where they live, work and engage in extramural activities. However, the ANC is happy and encouraged by the Minister's resolve to continue to fight crime and to reduce the figures even more.
We also acknowledge the role played by our communities by creating a favourable environment for our police to execute their responsibilities. These successes were not going to be possible if our communities were not part of our crime-fighting strategy. Together we can do more. [Applause.
Mrs S V KALYAN (DA): Speaker, 2 September 2010 marked the 50th anniversary of Tibetan democratic institutions in exile, following the flight of His Holiness the Dalai Lama and 80 000 refugees from Tibet. Since then, Tibetans have set up democratic foundations for their institutions, including a draft constitution of Tibet and the charter of Tibetans in exile.
I recently travelled to Bylakuppe in India to join a group of members of parliaments from around the world to celebrate, along with Tibetans in exile, the 50th anniversary of Tibetan Democracy Day.
The DA applauds His Holiness the Dalai Lama and the Tibetan parliament for having reformed the Tibetan political system by implementing democratic institutions in exile and providing social services in health, education and welfare, thus improving the livelihoods of the Tibetans in exile. We commend foreign governments who have received His Holiness the Dalai Lama, and call upon the South African government to grant the Dalai Lama a visa to visit South Africa at a time of his choosing.
The DA urges the Chinese government to consider the Memorandum on Genuine Autonomy for the Tibetan People of November 2008, and to note it as a basis for substantive discussion leading towards positive meaningful change in Tibet. It must be noted that these policy documents are consistent with the principles outlined in the constitution and the laws of the People's Republic of China. [Applause.
Mr M E GEORGE (Cope): Speaker, Parliament is kept informed about what is going on in the government through the media, never through Ministers who are constitutionally bound to provide this House with reports. We learned that government purchased a new home for Gen Cele, after reading what Gen Cele had to say about his procurement style. The question uppermost in our minds is whether Gen Cele is busy bullying the Department of Public Works and his own department to get his way.
It seems to us that policies, procedures, the Public Finance Management Act and other statutory provisions don't matter. He makes his own rules. Similarly, all budget constraints are swept aside and monies found when the General demands something. [Time expired.] [Interjections.
Mr J J MAAKE (ANC): Hon Speaker, the ANC welcomes the launch of the new transport system, the National Rolling Enforcement Plan, the NREP. The campaign will be effective from 1 October 2010 until the end of October 2011. October, which is Transport Month, will be used by the department to raise driving standards by tightening the screws on driving schools and testing centres.
The new transport campaign will see at least a million vehicles stopped and checked every month, and aims to reduce the number of road fatalities across the country. The plan was informed by the Fatal Crash Report and the Offence Survey Results for 2009.
The Department of Transport has committed itself to ensuring that the plan is supported by a clearly targeted strategy and well-defined objectives. According to the Minister of Transport, the strategy will be based on the scientific analysis of statistics relating to causes of death and problem areas in all the provinces. The campaign will be carried out in partnership with the SA Broadcasting Corporation.
The ANC-led government supports the National Rolling Enforcement Plan and encourages all South Africans to give their support and commitment also, because together we can make a difference to the high offence and fatality rates. I thank you. [Applause.
The SPEAKER: Hon George, I think there was a mistake with the timer. You still have some time - one minute to go!
Mr M E GEORGE (Cope): Thank you very much, Speaker. I forgive you. [Laughter.
The SPEAKER: Thank you, Rev Mluleki George! [Laughter.
Mr M E GEORGE (Cope): Speaker, this government clearly does not want to operate in a transparent manner. The Congress of SA Trade Unions, Cosatu, says that South Africa under the ANC has become a predator state.
According to Prof Galbraith, the predator state is an economic system wherein entire sectors have been built up to feast on public systems built originally for public purposes.
This government has been pleading poverty, saying that the envelope is not only empty but that it is broken. On the other hand, it shows that it is flush with cash to indulge the General in whatever he wishes. That is how banana republics are run. I thank you. [Applause.
Mr M G ORIANI-AMBROSINI (IFP): Mr Speaker, we stand as friends of Tibet and as friends of China at a time when China is leading the new scramble for Africa. In its intervention in Africa, China is not setting any conditions for, or providing incentives aimed at, promoting democracy and human rights, which are feeding into Africa's endemic corruption and malgovernance.
China will not change its ways in Africa until it changes its ways in China. China will not change its ways in China, until it rights its wrongs in Tibet. Tibet has become a turning point in history. History will recall how a group of peaceful monks pursued a decades-long struggle, exclusively through the method of nonviolence.
The Rome Convention on Tibet received reports of evidence of extensive atrocities in Tibet. We heard of the desire of many to abandon nonviolence to embrace an armed struggle. By granting Tibet the limited and reasonable autonomy it seeks, China will bequeath to the world a legacy of a successful nonviolent struggle, which will undoubtedly inform how the conflict of the present and the future may be resolved.
Conversely, the failure of the Tibetan cause may discredit nonviolence forever. We must turn the Tibetan issue into a new unifying cause, which can again bring together democrats from across the world, as happened with the worldwide rejection of apartheid.
This battle may move forward because of mankind, and enable China to become the great international partner and leader, which we all sincerely hope it may rise to be, for its own sake and that of mankind. If we fail, Africa will be amongst the most adversely affected. Thank you, Mr Speaker. [Applause.
Dr C P MULDER (VF Plus): Agb Speaker, vroeër hierdie maand het die Internasionale Netwerk van Parlementariërs oor Tibet 'n beroep gedoen op die Chinese regering om te goeder trou met die Dalai Lama en die Sentraal-Tibettaanse administrasie oor selfbeskikking te onderhandel.
Die VF Plus ondersteun hierdie oproep en wil vandag op die ANC 'n beroep doen om ook hulle steun toe te sê, tydens al die beurte wat hulle vandag gaan hê met verklarings deur lede, om 'n vreedsame oplossing vir die menseregtevergrype van die Chinese regering in Tibet te erken, en om die erkenning van Tibet se reg tot selfbeskikking af te dwing.
Meer as 50 jaar lank het die ANC sy stryd teen apartheid onder die vaandel van menseregte geveg. Hiervoor het die ANC groot internasionale steun ontvang. Dis egter dieselfde party wat die Dalai Lama herhaaldelik toegang tot Suid-Afrika weier. Dié optrede, dat die ANC onder druk van die Chinese regering swig, kos die land duur aan sy internasionale reputasie as 'n ware demokratiese land. Dit het tyd geword dat die ANC-regering openlik en onomwonde sy beleid ten opsigte van die handhawing van menseregte en die erkenning van die reg tot selfbeskikking van Tibet verklaar.
Dit is teen hierdie agtergrond dat die VF Plus president Zuma se besoek aan Orania vandag ook verwelkom. Die feit dat die President bereid is om self te gaan vasstel hoe selfbeskikking in die praktyk funksioneer tot voordeel van almal in Suid-Afrika is 'n positiewe stap, en die inwerkingstelling van artikel 235 van die Suid-Afrikaanse Grondwet. Dankie. [Applous.] (Translation of Afrikaans member's statement follows.
Dr C P MULDER (FF Plus): Hon Speaker, earlier this month the International Network of Parliamentarians on Tibet appealed to the Chinese government to negotiate in good faith with the Dalai Lama and the Central Tibetan administration on self-determination.
The FF Plus supports this call and wants to appeal to the ANC to also give assurance of its support, by using the opportunities during member's statements today, to recognise the finding of a peaceful solution to the human rights violations by the Chinese government in Tibet, and also to enforcing the recognition of Tibet's right to self-determination.
For more than 50 years, the ANC fought its struggle against apartheid under the banner of human rights. For this the ANC received great international support. It is, however, the same party that repeatedly refuses the Dalai Lama entry into South Africa. This conduct, that the ANC succumbs to pressure from the Chinese government, is doing a lot of damage to the country's international reputation as a truly democratic country. The time has come for the ANC government to openly and unequivocally declare its policy with regard to maintaining human rights and to recognising Tibet's right to self-determination.
It is against this background that the FF Plus today also welcomes President Zuma's visit to Orania. The fact that the President is prepared to personally ascertain how self-determination functions in practice to the benefit of everyone in South Africa, is a positive step and gives effect to section 235 of the South African Constitution. Thank you. [Applause.
Ms A C MASHISHI (ANC): Mr Speaker, the ANC welcomes the announcement by Oxford University Press last week that they have published a new IsiZulu-English dictionary, four decades after the last such reference book was released for one of South Africa's most widely spoken languages.
In a country with a linguistic diversity spanning 11 official languages, it is essential that our learners are able to access languages other than their mother tongue. With more than 2,8 million pupils taking isiZulu as a language subject at school, the dictionary will help pupils and teachers to keep up with the changes in the language.
South Africa is a multilingual country, and besides the 11 officially recognised languages, scores of other languages - African, European, Asian and more - are spoken here as the country lies at the crossroads of Southern Africa. The ANC has raised and will continue to raise and lobby around issues of multilingualism, linguistic diversity, linguistic integration, linguistic equity and language rights. Together we can protect and promote our linguistic diversity. I thank you. [Applause.
Rev K R J MESHOE (ACDP): Speaker, yesterday there was a report in The Star newspaper about three Johannesburg undercover police officers who were arrested by their Hillbrow counterparts for conducting a drug bust in Hillbrow, allegedly without permission.
The ACDP is shocked by such appalling action by the Hillbrow police officers, who allegedly protected drug dealers who were about to be arrested by the three undercover police officers from Johannesburg. The Hillbrow officers who arrested their counterparts were reported to have said that the undercover officers had jumped their territorial boundary, and that the Hillbrow officers were always arrested in the Johannesburg central area.
The ACDP urges the Minister of Police to call for an investigation into what appears to be a territorial war between the Johannesburg police and the Hillbrow police, who should be working together to fight crime, and also to charge the Hillbrow police officers for arresting their Johannesburg counterparts for conducting a drug bust in Hillbrow and not the drug dealers.
The ACDP also wants to see closer scrutiny of what is really happening at the Hillbrow police station. Hotel owners in the area claim that whenever police raids are planned, drug dealers disappear from the streets two hours before the raids take place because they are tipped off by some officers from that station.
We further urge the Minister to send outside police units to Hillbrow to deal with the drug problem and corruption in the Hillbrow area. Thank you.
Mr T D HARRIS (DA): Speaker, the performance review of the Department and Trade and Industry's National Industrial Participation Programme, the NIPP, tabled last week reveals that international arms deal contractors have created only 40% of the jobs that government expected them to create - only 26 000 jobs in 10 years, instead of the 65 000 jobs originally promised.
The R48 billion arms deal was signed on condition that international arms companies would offset their contracts by investing directly in South Africa. A decade on, it is close to impossible to assess the status of the NIPP because the Department of Trade and Industry continues to obfuscate in its reporting, concealing the true cost of the arms deal to our country. There is simply not sufficient information in this report to properly assess the programme. What numbers there are, however, point to a general failure to create a sufficient number of jobs. In addition, the German frigate consortium, backed by ThyssenKrupp, is R1,3 billion short on its offset obligation.
The NIPP report refers to R136 billion worth of offsets realised, but given that the strategic defence package accounts for approximately 85% of the NIPP, the total amount of arms deal offsets realised so far would be around R116 billion. Eleven years ago, the Defence Minister announced that the NIPP would bring in R110 billion, but, in 2010 prices, that amount should be upwards of R200 billion. If that is the case, where will the missing R84 billion come from?
The legacy of the arms deal lives on, but accountability cannot fade with time. The NIPP report needs the considered attention of this House and government. I therefore look forward to the Department of Trade and Industry's presentation of the progress report on the NIPP to the Portfolio Committee on Trade and Industry as promised in their annual report. [Applause.
Mr J B SIBANYONI (ANC): Speaker, regarding the Annual National Wills Week, the ANC commends the Law Society of SA and its six constituent members for presenting the National Wills Week project, which is an access to justice campaign that began in 2008. Attorneys are called upon to assist members of the public to write basic last wills and testaments free of charge. This year the campaign was conducted from 6 September to 7 September.
We in the ANC also commend both the attorneys who volunteered their time, professionalism, legal knowledge and expertise, and members of the public who participated in this project.
By making a will you ensure that your assets are disposed of in accordance with your wishes after your death. This privilege is called the "freedom of testation". An attorney ensures that your will is valid and complies with your wishes. If you die without a will, your assets are transferred to the Guardian's Fund for safekeeping until your children reach the age of majority. Obviously, being under state control, the red tape involved is something to be avoided at all costs.
The six constituent members are the Black Lawyers Association, the National Association of Democratic Lawyers, the Cape Law Society, the Law Society of the Free Sate, the KwaZulu-Natal Law Society and the Law Society of the Northern Provinces.
Bakithi bhalani izincwadi zamafa zingakafiki izinsuku zokuthi nihambe emhlabeni. Ngiyathokoza. [Ihlombe.] [Hon members, please write your wills before you die. Thank you. [Applause.
Prof C T MSIMANG (IFP): Hon Speaker, the IFP condemns in the harshest sense the cruel and inhumane treatment of Tibetan monks by the People's Republic of China in the Chinese province and autonomous region of Tibet. The Tibetan monks are a peace-seeking religious order, whose leader, the Dalai Lama, has been in exile in India for the last 50 years because of the Chinese's occupation of Tibet.
The peaceful Tibetan monks have been beaten and, in many instances, shot and killed by the armed forces of the People's Republic of China whilst participating in peaceful protests against the Chinese occupation of Tibet. These human rights travesties by the People's Republic of China are largely left uncondemned by the West, because it is against the political and economic interests of many governments to voice outright dissent with regard to these barbaric acts.
The IFP sincerely hopes that the governments of the world, and the South African government in particular, will develop a conscience and begin to voice its very necessary and long-overdue condemnation of the human rights travesties currently occurring in Tibet. I thank you. [Applause.
Mrs J D KILIAN (Cope): Speaker, as a rookie Minister, Minister Nyanda first drew attention for his flashy taste in motorcars. He has remained in the news ever since for all the wrong reasons: controversial tender practices, transgressing the Cabinet code of ethics, documented extravagant taste in hotel accommodation, and now the outrageously flashy offices, which cost the taxpayer millions of rands annually to house only 13 officials.
Reports of his involvement in controversial appointments and the sacking of officials at Sentech and within his department continue to surface. There are also questionable procurement and tender practices involving his private business interests, whether direct or under the guise of a family trust. His personal auditors, Ntumba, have been awarded contracts under questionable, if not outright illegal, procurement processes within the Department of Communications and in Sentech.
Instead of giving visionary leadership to a department with the potential to boost national economic growth by at least one percent annually, he appears to be jumping from one entity to the other to interfere and allows himself to be dragged into factional boardroom politics by some of his friends deployed to those entities.
Recently, Minister Nyanda was also embroiled in a bitter row with the Director-General of the Department of Communications. Therefore, Cope calls on President Zuma to make Minister Nyanda the first example of his commitment to clean governance. We call on the President to fire Minister Nyanda. Thank you. [Applause.
Mr D C SMILES (DA): Mr Speaker, as part of our oversight responsibility, a delegation of DA public representatives recently visited a Reconstruction and Development, RDP, housing project in Jansenville in the Ikwezi Municipality. This project started in 1996 as a mud house project of 75 houses and evolved into an RDP project consisting of 350 houses. The initial project was meant to demolish the mud structures, many of which were very old or dilapidated, and to replace them with new RDP houses.
The Ikwezi Municipality, as the implementing agent, derailed this project to such an extent that beneficiaries and residents were frustrated by the level of corruption, and by the irregularities and administrative bungles. A combination of shortcomings, including the weak capacity of the municipality and the fact that a community development worker acted as the housing official on the project, amplified the propensity for corruption and irregularities to take place.
Some of the observations and findings included, amongst other things, seriously unfair and unscrupulous administration flaws. Although the houses are of a generally acceptable standard, some were built on business sites, some on a church site and, in many instances, two houses were built on the same site. There are even allegations that houses were allocated to people who did not qualify. It was observed that even the ex-mayor had an RDP house built in his back yard. [Interjections.] The DA believes that housing Thank you. [Time expired.
Mr S ABRAM (ANC): Hon Speaker, the ANC believes that the service in correctional centres - hitherto called prisons - must play its part not simply in restraining convicted persons, but in rehabilitating and training them.
As a result of this policy, 170 inmates from prisons across Gauteng graduated from the University of South Africa on Wednesday, 8 September 2010. They were awarded their certificates, diplomas and degrees during a graduation ceremony at the Pretoria Correctional Centre. Amongst the graduates was a top achiever, 63-year-old Casper Greeff, who was awarded a doctorate in Biblical Archaeology.
Geluk, eerwaarde dominee dokter Greeff. [Congratulations, venerable Reverend Doctor Greeff.
Inmates who study receive no special treatment and still have to deal with the challenges of being in a correctional centre, which make the achievements of those who graduated even more remarkable.
The ANC affirms that education will go a long way towards helping inmates with their rehabilitation process, and commends the significant role played by the Department of Correctional Services in making it possible for inmates to learn and acquire skills while in correctional centres. The ANC encourages the department to step up these programmes. I thank you. [Applause.
The SPEAKER: Order! That concludes Members' Statements. Before I take the Ministers' Responses, I would like to say that although there are 21 members of the executive, that is Ministers and Deputy Ministers, present in the House, I can only take six responses. Are there any Ministers' Responses?
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Speaker, we would like to thank the hon J B Sibanyoni for his statement on National Wills Week. We would also like to thank members of the legal profession for their contribution to the promotion of access to justice in this important area. We encourage all members of the legal profession to follow this example and to extend it to other areas.
The Minister of Justice and Constitutional Development will be introducing the Legal Practice Bill in the near future. This Bill will encourage pro bono work and community service by lawyers, thereby contributing to the promotion of access to justice for all South Africans.
On a lighter note, I'd like to urge the ID to heed the warning in the hon Sibanyoni's statement in that, as a result of dying without a will, your assets will be transferred to the Guardian's Fund for safekeeping until your children reach the age of majority and vote ANC. Thanks. [Applause.] [Laughter.
The MINISTER OF HIGHER EDUCATION AND TRAINING: Thank you, Chairperson. I just wish to quickly respond to two members' statements. The first was on the achievements of inmates who recently graduated. This shows that the policy of government, which is the rehabilitation of offenders, is indeed bearing fruit rather than what a punitive programme would have achieved. I do agree with the hon member that education is a very important tool in rehabilitation. My department is having discussions with the Minister of Correctional Services also to expand skills development programmes in our correctional facilities in South Africa.
Secondly, we do indeed welcome the launch of the new Oxford IsiZulu-English dictionary. Government feels that we need to go beyond translation between isiZulu or Setswana and languages from outside South Africa, and also to focus on developing purpose-made dictionaries such as an explanatory isiZulu dictionary. We already have one at the moment, which is the first of its kind, and as government we are committed to continuing with that.
Government is also committed to expanding the use of African languages, especially in institutions of higher education and, to this end, the Department of Higher Education and Training next month will be calling a group of about 60 to 80 experts in African languages to see how we can actually strengthen and promote the use, teaching and research of African languages in our higher education institutions.
Siyabonga, Sihlalo. [Ihlombe.] [Thank you, Chairperson. [Applause.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Thank you very much, Chairperson. Chairperson, I need your guidance here on an issue that was raised by a DA member on the Department of Trade and Industry committee. The questions he asked are based on an undertaking that was made by a member of this House right now. The answers are very readily available by that member, and I wonder perhaps if the House would consider that these questions, which are offset by the arms deal, be directed very clearly to the member sitting there - Lekota - to explain exactly what it is that he meant at that time. Could you please scrutinise the Rules of Parliament and make sure that he accounts He might as well start earning his keep over there. Thank you. [Applause.?
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Minister, I thought you were responding to the [Laughter.
The MINISTER OF DEFENCE AND MILITARY VETERANS: My apologies, I thought I would ask a question instead. Thank you.
The MINISTER OF TRANSPORT: Madam Chair, I would like to respond to the statement on the National Rolling Enforcement Plan in that on Friday traffic officers from municipalities and provinces throughout the country signed a pledge that as from 1 October this National Rolling Enforcement Plan would be enforced.
You will drive with a driver's licence, you will not drink and drive, otherwise you will be arrested. We are embarking on this enforcement plan to ensure that every month one million vehicles are inspected and one million drivers are checked. Thank you very much. [Applause.
The MINISTER OF COMMUNICATIONS: Hon Chairperson, I would like to respond to what the hon Kilian alleged here. Firstly, I want to find out which executive code she is referring to that the Minister of Communications has breached, because I have no knowledge of such a breach and no such breach has been reported or indicated in any communication whatsoever.
Secondly, on the matters she raised, the Public Protector has clearly indicated that there has been no breach whatsoever by the Minister of Communications in relation to the business that he did before he was appointed as the Minister of Communications. Now, I think the DA, as well as Cope, abuses the good offices of Parliament to ask questions and then send those responses to the media.
On the question of the offices, you know very well that the Minister of Communications is not responsible for getting office space and so on, but you will take the answers that we provide to you in good faith and give them to the newspapers. This must stop. [Interjections.] [Applause.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon members! Order, please.
Mr M J ELLIS: Madam Chair, the hon Nyanda is suggesting that it is wrong for us to ask questions of Ministers and give that information to the press. There is nothing in the Rules of Parliament that says that is not allowed. I am extremely concerned, Madam Chair, that he is trying to create a precedent here which is absolutely unacceptable to the opposition parties. [Interjections.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, my understanding was that the hon Minister Nyanda was responding to the issue that was raised by the hon Kilian. I believe that when members read or present statements, they want the Ministers to respond, and the Ministers have responded, including the hon Nyanda.
The DEPUTY MINISTER OF HUMAN SETTLEMENTS: Chairperson, I would like to respond to the member who raised the issue of corruption with regard to RDP houses - the Ikhwezi Municipality. I would like to remind members of this House that we have on a number of occasions indicated that we are fighting corruption in Human Settlements. [Interjections.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, hon member!
The DEPUTY MINISTER OF HUMAN SETTLEMENTS: The Special Investigating Unit is there to ensure that we do that. Those who don't believe in us, don't believe in themselves. What is of importance with regard to what the member raised is that he must give us concrete information in terms of the erf number he is talking about and the names of the people involved in that area so that we are able to talk in terms of information. If you do have information, please forward that information to me so that I can do the necessary investigation. I thank you. [Applause.
Mr M G ORIANI-AMBROSINI: Madam Deputy Speaker, I rise on a point of order.
The HOUSE CHAIRPERSON (Ms M N Oliphant): What is your point of order, hon member?
Mr M G ORIANI-AMBROSINI: In terms of the Rules, no member has the right to receive an answer from the government, but I think that when the entire gallery is packed with friends of people who participated in the debates and so many statements have been made, it is unconscionable for government not to give a single answer and there is at least a legitimate expectation for a word to be said, and that must be read in the Rules. [Applause.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, please! Order, hon members! Hon Dr Ambrosini, yes the Rules allow the Ministers to respond, but there is no Rule that says whether the Ministers like it or not they have to respond. I have given the Ministers an opportunity to respond to the questions and we had [Interjections.
Hon members, if you want to have questions and points of order responded to, you must also be able to listen.
Secondly, the Rules that are used by this House were drafted and adopted by this very same House. Hon Ambrosini, I think that you were not part of this House when the Rules were adopted, but I think you were part of this House when they were reviewed. Therefore, I don't think you have to argue about them. You must look at them and rectify the Rules if you want to amend them, and then you will know which procedures you have to follow.
The MINISTER OF COMMUNICATIONS: Hon Chairperson, hon members of the House, ladies and gentlemen, it is with great pleasure that I introduce the South African Postbank Bill in the National Assembly today. When the White Paper on Postal Policy was passed in 1998, it was recognised that the Postbank as an institution would play an important role in satisfying the saving needs...
The CHIEF WHIP OF THE OPPOSITION: Madam Chair, I rise on a point of order. There is a clause in this Bill that provides for monies to be made available via the MTEF, the Medium-Term Expenditure Framework, to the bank in order to fund the bank's operations. Now, I understand that that type of clause in the Bill provides specifically for this type of legislation to go via the Portfolio Committee on Finance. I want to know whether, in fact, this Bill has gone to the Finance committee and, if not, why not, because my belief is that this is a money Bill and should have gone to the Finance committee.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Chief Whip of the Opposition, we have a joint tagging mechanism, which decides on the classification of Bills in terms of which committees they fall under. According to that classification, the Bill falls under the Portfolio Committee on Communications. According to my understanding, when the same issue was raised in the Chief Whips Forum they said that the Finance committee was consulted on the matter and that it was therefore agreed that the Portfolio Committee on Communications would continue with the legislation. Based on that, I therefore allow the Minister to introduce the Bill and continue with the debate. [Applause.
The CHIEF WHIP OF THE OPPOSITION: Madam Chair, with respect to your ruling, first of all, when this was raised in the Chief Whips Forum, exactly that was indicated. But my information, which is correct, was that the committee was not consulted. The chairperson of that committee was consulted. Second of all, notwithstanding the fact that there was a process which you outlined that indicated where this Bill should go, I do not believe that the people who made that classification had actually read the Bill. The Bill specifically makes money available from the MTEF for the operations of this bank. Therefore, it must be a money Bill.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, this Bill was not tabled in Parliament yesterday. It was tabled in Parliament through the Office of the Speaker and the Office of the Chairperson. The members who comprise the joint tagging mechanism are the Speaker of the National Assembly and the Chairperson of the National Council of Provinces and they are advised by the legal team of Parliament. I believe that members of this House have the right to advice as early as possible. I don't think that, in reality, it is necessary to raise this issue now, because all Members of Parliament from all political parties participated in the debate and discussions. It is unfortunate that you heard that it was only the chairperson of the Portfolio Committee on Finance who was consulted on the matter.
In terms of the report, when the Chief Whips Forum agreed to continue with the process of this legislation they were informed that the committee had been consulted. Also, it was agreed that the Bill was to be part of the programme by the very same Chief Whips Forum of which the member is a part. This was also agreed to by the programming committee of which the member is also a member. If the intention was not to continue with this particular Bill, it was not supposed to have been agreed to at the Chief Whips forum and also not in the programming committee. Could we please allow the Minister to continue I am not going to entertain any further discussion on this?
The CHIEF WHIP OF THE OPPOSITION: Madam Chair, I really do not wish to be obstructive. My intention in rising is not to be obstructive. My intention is to point out [Interjections.] that clause 22 of this Bill provides for monies to be appropriated from Parliament, and that makes it a money Bill.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Ian Davidson, could you please take your seat. You were part of all these forums that I have mentioned. You were part of them. You were part of the forums where it was decided that this Bill should be part of the programme. Therefore, just take your seat. [Interjections.
The CHIEF WHIP OF THE OPPOSITION: Madam Chair, I shall take my seat, but your interpretation of what took place at the Chief Whips Forum is entirely incorrect. [Interjections.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, take your seat. Hon Minister, continue.
The MINISTER OF COMMUNICATIONS: Thank you, Madam Chairperson. When the White Paper on Postal Policy was passed in 1998, it was recognised that the Postbank, as an institution, would play an important role in satisfying the saving needs of the rural and underserviced communities in our country.
The Bill before you seeks to establish the Postbank as a subsidiary of the SA Post Office, which will provide a range of services to the majority of our citizens without any of the hurdles they would be experience at a commercial bank.
The Postbank will be restructured to accommodate the developmental goals of the state. It is therefore the objective of this Bill before you to create a bank of first choice for the lower income groups, providing them with appropriate banking products and high-quality services.
As a bank of first choice to the rural and marginalised communities, it will enable our people to access banking services, previously out of reach to many. In time, it will expand its financial services. It will do so, however, only after the Minister of Communications, in concurrence with the Minister of Finance, agree with the need for such expansion.
This will also significantly strengthen our efforts to inculcate a culture of saving and stimulate socioeconomic development, particularly in the rural areas. The primary aim is to provide financial services to communities within the proximity of their dwellings.
The tabling of the South African Postbank Bill in this House is a step in realising this vision. In this regard, the main purpose of the Bill is to corporatise the Postbank, which is currently a division of the Post Office. It will utilise the infrastructure and facilities of the SA Post Office. The post office has a large footprint, covering over 70% of the country, thus enabling the possible spread of the services the Postbank will provide.
The Postbank, as a company, will be managed by its own board with all the required corporate governance requirements and all mechanisms that will ensure accountability. The details on the implementation and capacity of the board plan will be directed by ministerial policy. A memorandum of understanding will be developed between the Department of Communications and the SA Post Office soon after the Bill is promulgated.
Importantly, the Postbank will be brought within the ambit of the financial and banking regulatory environment, as regulated by the Registrar of Banks. The Postbank will become a key player in the promotion of universal and affordable access to banking services. It will ensure that the rates and charges of the Postbank take into consideration the needs of the people in the lower income group.
The approval of this Bill will break new ground in creating a financial institution that communities will identify with by virtue of its location in underserviced areas. This Bill provides for the Minister of Communications to exercise oversight in cases that require Treasury intervention. The concurrence of the Minister of Finance is required. I have no doubt that the passing of this Bill will bring much relief and excitement to the marginalised citizens of this country.
In conclusion, I want to state that the Bill has been thoroughly consulted on by the working committee, comprising the Department of Communications, the National Treasury, the Reserve Bank and the SA Post Office, during the public consultations in all nine provinces. The Portfolio Committee on Communications also played a key role in the refinement of the Bill.
I want to thank the chairperson of the Portfolio Committee on Communications, Mr Ishmael Vadi, and members of the committee who had marathon meetings in considering the Bill. Finally, I wish to recognise the able support of the Deputy Minister of Communications, Ms Dina Pule. I also wish to thank the senior management of the Department of Communications and my staff for the effort they put into ensuring the drafting and finalisation of this Bill. I thank you for allowing me to introduce this Bill and look forward to its speedy passage through this House. Thank you. [Applause.
Mr I VADI: Chairperson, it is a privilege to speak in support of the South African Postbank Bill. Once passed, the Bill will corporatise the Postbank into a fully fledged public bank. It is envisaged that the Postbank will become the bank of first choice for lower-income groups in society.
The local post office in one's town or locality currently provides standard postal services, allows for a personal savings facility and sells stationery and newspapers. It also serves as a monthly pension or grant pay-point for the elderly and the disabled respectively. Once the new Postbank is launched and registered, it will not only act as a savings bank, but will lend and borrow money, particularly to the poor, to rural dwellers and to youth and students. In this sense, this Bill is one of the most important pro-poor measures introduced by the ANC government in the current term.
The new bank will bring to reality the vision of the White Paper on Postal Policy. It will serve as a powerful support structure for rural-urban financial linkages, allowing for easier financial access for migrant workers and promoting economic growth in rural areas. It will strengthen the prospect for savings and generate investment capital among rural communities. In the short term, the Postbank can become a critical poverty-combating instrument in poor communities. In the near future, it has the potential to develop into a powerful state bank comparable to similar financial institutions in Germany and Japan.
The Postbank will be an autonomous company, wholly owned by the Post Office. It will be owned indirectly by government. It will be managed by an independent board of directors, composed of 10 persons including the bank manager. The board will be accountable to the Post Office, the Minister of Communications and to Parliament. The public, together with the Post Office, will be invited to nominate suitable persons for board membership. These will be screened by a nominations committee, which will make final recommendations to the Ministers of Communications and Finance. In the end, board membership is dependent on nominees passing the fit and proper test, set by the Registrar of Banks.
Structurally, and in terms of policy formulation, the bank is located midway between the Minister of Communications and the Minister of Finance. For this reason, the committee has ensured that all major policy and operational decisions enjoy the concurrent support of both Ministers. The committee has also insisted that the responsible Ministers develop appropriate investment, lending and borrowing policies for the bank. These policies must be approved by Cabinet and must be tabled before Parliament, so as to ensure that there is no repeat of the debacle that we have seen at the Land Bank. Furthermore, any decision of the Postbank that is inconsistent with the policy framework determined by government will be of no force or effect.
The committee has also introduced stringent criteria for appointment to the board of the Postbank. A person with any material conflict of interest will not be eligible to serve on the board and his or her business enterprise will not be able to enter into any business transactions with the bank. The committee has introduced provisions that criminalise a failure to declare a conflict of interest. The insertion of such onerous provisions is there to ensure that there is no possibility for any abuse by either the board or any member of the board.
Ms D KOHLER-BARNARD: [Inaudible.] like the rest or some of the civil service.
Mr I VADI: House Chairperson, I would like now to address the Chief Whip of the Opposition, the DA, with your kind permission. I am disappointed that the DA has decided to vote against this Bill. This Bill is complex, but it is not politically contentious. The process by which we reached this stage has taken a long time. You will recall that the Bill was first referred to the committee in November last year. The committee held public hearings on the Bill on 23 March this year. In April, the committee agreed to a sensible proposal from the hon Kilian to include the National Treasury in all its deliberations. In total, the committee spent 10 weeks examining the provisions of the Bill and on amending it.
In all this time, the DA did not once indicate that this Bill was undesirable or that it should be processed by the Finance committee. [Interjections.] If it had made that suggestion, the committee would have made arrangements earlier for conferring fully with the Portfolio Committee on Finance. So, this came as a total surprise to us when in the last week, in the last meeting of the committee, the DA expressed its intention to vote against this Bill. I do believe that this is a vote against the poor and downtrodden in our society. [Applause.] [Interjections.
It is my hope that the Postbank becomes as successful as the Grameen Bank in Bangladesh, which uses microloans without collateral, to help eradicate poverty in developing countries. It has now opened a branch in the United States, called Grameen America. It offers loans from $500 to $3000 to vendors who borrow money daily to rent carts to sell their wares, or to a hair salon owner who needs cash to buy shampoo. One of the first persons to whom it disbursed a loan is Socorro Diaz. Thank you very much. [Time expired.] [Applause.
Mr N J VAN DEN BERG: Hon House Chairperson, hon members of this House, it is always a privilege to speak in this House on behalf of the DA. The South African Postbank Bill proposes to establish a company owned by the government that will ultimately operate as a regular bank. The Bill proposes a structure similar to that of state-owned, corporatised enterprises. Although government-owned, a board will preside over the bank and therefore enjoy all the perks of a private entity.
In die struktuur van 'n private maatskappy is dit normale praktyk. Die raad van die maatskappy het 'n toesighoudende funksie oor die besluite wat die uitvoerende bestuur van dag tot dag maak. Die raad staan, by wyse van spreke, pa of ma vir die besluite van die uitvoerende bestuur en is verantwoordbaar teenoor die aandeelhouers. Die aandeelhouers van die privaat onderneming wen, indien alles klopdisselboom verloop met die maatskappy. Indien sake skeefloop, verloor hulle dalk al hulle beleggings. (Translation of Afrikaans paragraph follows.
[In the structure of a private corporation this is normal practice. The board of a private corporation has an oversight function over the decisions the executive takes from day to day. The board is, in a manner of speaking, answerable for the decisions of the executive, and it is accountable to the shareholders. When everything is hunky-dory in the corporation's affairs the shareholders gain, but when things go wrong they may lose their entire investment.
The South African government will be the sole shareholder in this state entity. As it will be underwritten by government, the success and weaknesses of the bank will also be those of the government. Financial success means profit for the state coffers but, alarmingly, the government will also bear the burden of its failure. If the government has to bail out the Postbank, it is actually you and I, the humble taxpayers, who will pay.
The hon members of this House must think very carefully before they vote yes or no to this Bill. As members, we are representing millions of people in this House. We are representing the people of South Africa. We are voting on behalf of the voters. What will your people, your constituency say Yes, we are fully aware that people, specifically in poor rural areas, need the financial support of the banking system, but have you told them what the consequences might be No, you have not?
Did you tell your poor voters that if anything goes wrong, it is they that will have to pay It is these citizens that will have to pay for the mistakes of the Postbank board - a board they will probably never meet and whose members are barely known to the public. If you say yes to this Bill, you agree that your voters will pay for whatever mistakes the board of the Postbank will make. You will ultimately place the financial fate of many rural, poor citizens in the hands of the Postbank, a government-run entity that will operate in a vigorous financial environment?
South Africa's banking sector is robust and amongst the best in the world, as evidenced during the global financial crisis. There are other solutions to the problem. Why not look at incentives for the formal banking sector to ensure that it offers banking services to the income groups to be targeted by the Postbank Mzanzi accounts are excellent examples?
Alhoewel die DA krities staan teenoor die Wetsontwerp op die Suid-Afrikaanse Posbank, stel ek dit namens die DA baie duidelik - en ook in antwoord op die opmerking wat agb Vadi gemaak het - dat die DA geensins gekant is teen die oogmerke van die wetsontwerp nie. Die arm en dikwels geïsoleerde mense in die landelike gebiede van Suid-Afrika moet op gelykwaardige wyse as burgers van ons land geëer en gerespekteer word. Hulle moet aan die gestruktureerde bankwese van Suid-Afrika kan deelneem.
Die fundamentele vraag bly steeds - gegewe die behoeftes van die arm, landelike mense - is dit die rol van die staat om in hierdie behoefte te voorsien Dit is asof die ANC in die regering senuagtig rondskarrel om oplossings te vind vir die vele sosio-maatskaplike en ekonomiese probleme in ons jong demokrasie?
Die probleme die afgelope 16 jaar het nie kleiner geword nie. Die probleem het gegroei van 'n groot molshoop tot 'n reusagtige berg. Daar moet kollektief na oplossings gesoek word om die arm mense in ons land te help, en ek wil die regering verseker dat die DA onverpoosd werk en na oplossings soek. Gelukkig kan die DA meld dat die mense lank laas in hulle lewe so 'n goeie regering gehad het in die Wes-Kaap soos nou. Dit is onder die leierskap van Helen Zille. Die DA in die Wes-Kaap is 'n uitstekende voorbeeld van hoe om 'n oplossing vir 'n probleem te vind.
Die Wetsontwerp op die Suid-Afrikaanse Posbank probeer iets oplos sonder dat die regering weet wat die onderliggende oorsaak is - die totaal verkeerde medisyne vir 'n lank reeds bestaande siekte, by wyse van spreke.
Die ANC en sy alliansievennote moet besef die rol van die regering moet kleiner word en nie groter nie. Al wat die ANC nou doen is om die druk op die uitgawekant van die staat nog groter te maak - meer personeel, salarisse, ensovoorts.
Kom ons wees eerlik. Staatsentiteite vaar nie goed nie - power, om die minste te sê - veral nie die staatsentiteite wat aan die Minister van Kommunikasie verslag doen nie. (Translation of Afrikaans paragraphs follows.
Although the DA adopts a critical stance towards the South African Postbank Bill, I wish to state it very clearly on behalf of the DA - partly in response to the remark by the hon Vadi - that the DA is in no way opposed to the aims and objectives of the Bill. The poor and often isolated people in the rural areas of South Africa must be honoured and respected in an equitable way as citizens of our country. They must be able to participate in South Africa's structured banking sector.
But the fundamental question remains - given the needs and requirements of the rural poor - is it the role of the state to provide for these needs It appears that the ANC in government is nervously scrambling about to find solutions for the many social and economic problems in our young democracy?
The problems have not become any smaller over the past 16 years. The problem has grown from a major molehill to a giant mountain. There must be a collective search for solutions in order to help the indigent in our country, and I want to assure the government that the DA works ceaselessly in the search for solutions. Fortunately the DA can report that it has been a long time since the people had such a good government in the Western Cape as they have now. That's the government under the leadership of Helen Zille. The DA in the Western Cape is an excellent example of how to find a solution to a problem.
The South African Postbank Bill is an attempt to solve a problem without identifying the underlying cause - a totally wrong remedy for a long-standing disease, in a manner of speaking.
The ANC and its alliance partners must realise that the role of government needs to be reduced, not increased. What the ANC is doing at present is to further push up the pressure on the expenditure side of the state - more staff, more salaries, and so forth.
Let us be honest. State entities perform poorly - they do not perform well, to say the least, especially not the state entities reporting to the Minister of Communications.
In this instance, one can name a few: the SABC, the Independent Communications Authority of SA, Icasa, and Sentech.
Sentech, the company responsible for bringing TV broadcasts to South Africans and which is on the verge of financial collapse, granted more than R117 million in contracts that did not go to tender over a period of two years.
There are a lot of other examples.
The state entities in the Communications portfolio have no respect for the Public Finance Management Act, the PFMA. Given this track record, there can be no assurance that the Postbank will respect the PFMA. Hon Chairperson and members of this House, your decision to implement this Bill will be on your conscience for the rest of your lives. I rest my case.
Speaking at the Banking Association of South Africa's inaugural banking summit, Mr Michael Katz, the Chairman of Edward Nathan Sonnenbergs said, "The culture of management, rather than ticking boxes, will prevent a crisis." I further quote him from Fin24, "Whatever regulatory environment you have in place, if the culture of management does not recognise these issues, then you will not have a sound bank."
This Bill does not nearly touch the aching root of the problem.
Entrenched poverty is, without doubt, the greatest obstacle we must overcome if we are to become a successful and sustainable democracy in which people can live lives they value. Sustained economic growth is an essential, if not sufficient, precondition to overcome poverty. This means devising and implementing policies designed to make our economy more globally competitive so that we attract more investment and create more jobs. Every country that has sustainably lifted its poorest citizens out of poverty has done so by becoming more competitive.
The DA's view is that a government-owned and controlled bank of this nature is not required, and is open to mismanagement and the misappropriation of funds. In this event, taxpayers will be required to serve as the lenders of last resort and fund another failed and unprofitable state-owned enterprise. The DA will not support this Bill. I thank you, Chairperson. [Applause.
Mrs J D KILIAN: House Chairperson, the accessibility and affordability of banking services have been the subject of many a debate in our developing country. Despite the many challenges that cannot be ignored and concerns that one might raise, the principles of the South African Postbank Bill, which will provide basic banking services at affordable rates and which will be accessible through post offices in almost every town and village of South Africa, could fill an enormous gap in the unbanked sector of our society.
We must remember that it has been calculated that up to 12 million people are in the unbanked sector, especially poor people and those residing in rural areas. Cope therefore supports the Bill, but we want to raise some concerns.
We believe that state intervention that compels banks to break economic rules and procedures, that provides uneconomic and high-risk services and that is self-destructive will lead to more taxpayer money having to prop up the Postbank. Talk of the nationalisation of banks, which has recently been mooted by some elements in the tripartite alliance, is therefore very irresponsible. We trust that the hon Manuel and Minister Gordhan will be able to explain to their vociferous young partners in Durban that that would be a recipe for disaster. Therefore, Cope believes that [Interjections.
Mr T W COETZEE: Chairperson, is the member willing to take a question about nationalisation in the UK?
Mrs J D KILIAN: I will take a question at the end of my speech, thank you.
Mr T W COETZEE: No, that will be too late.
Mrs J D KILIAN: Therefore, the Postbank Bill will be the better option. However, we must remember, however positive and idealistic the concept may be, the road ahead is littered with dangerous potholes. This can result in a type of management and financial crisis that we have recently seen in the case of the Land Bank - which has now recovered slightly - Eskom, Ithala Bank and other state-owned enterprises.
And no matter what the young gentleman from Limpopo might argue, universal economic wisdom and experience throughout the world and throughout history indicate that governments, by the very nature of their being, rarely succeed in operating a business enterprise without regular state bailouts, and are always prone to endemic mismanagement and corruption.
But because we have deliberated vigorously, we have moved in and improved very specific sections of this Postbank Bill today to ensure that we have good governance in place, that we have controls that will limit conflicts of interest and that we have made criminal certain actions of board members. We can confidently say today, as Cope, that we can support this Bill because we realise the needs of people out there in the rural areas who do not have access to banking services. Thank you. [Time expired.] [Applause.
Mr N SINGH: Chairperson and hon members, I do not serve on this committee. My colleague the hon Rev Zondi does, but I do come here on behalf of the IFP to unreservedly support this Bill with a clear conscience. [Applause.] As we have heard from the Minister, this Bill ushers in a new era of personal banking and financial services, an era in which personal banking and financial services will be available and accessible to every South African.
Now, we have heard the argument as to why this shouldn't go to private banks. Why shouldn't private banks do this Private banks and their accessibility in rural areas is something that leaves a lot to be desired. They are few and far between in the rural areas. In fact, many of them have closed down agencies and do not even provide ATMs in the rural areas. So, I do not believe that we should be relying on private banks; we should rather use this as an initiative to promote economic growth, especially amongst our people in the rural areas. [Applause.?
As you walk into Parliament, you notice the Postbank and a sign that says: Post Office Savings Bank. The fact that this should be savings driven has been emphasised, but what I am afraid of is that a culture of saving does not seem to be inculcated in our younger society nowadays. When I was in class some 50 years ago and when I first went to school, the principal of the school used to sell us stamps for which we used to pay a tickey each, and we used to stick those stamps on a card. When the card was full, we would take it to the Post Office where they would enter one pound in our bank. Fifty years later, I still have my savings bank account and my book with me.
Hon Minister, I don't see any Ministers of Education here in the House. Maybe they should start inculcating a culture of saving amongst the youth, even if it is 50 cents or one rand a week. As they grow up, this culture will be inculcated in their minds. [Applause.] This is something that we hope the Postbank encourages and does, and that it works very closely with the education sector. We will support the Bill. Thank you. [Time expired.] [Applause.
Ms S R TSEBE: House Chairperson, hon Ministers present here today, Members of Parliament, the need for the establishment of a Postbank that will cater for the needs of the majority of the people who are underbanked and unbanked has been identified as a central pillar in our efforts to integrate our people into the mainstream economy.
The Post Office has begun the process of corporatising the Postbank, with the chief objective of providing underserviced communities access to vital financial and related services and thereby contributing to economic and social development.
Indeed, the proposed legislation seeks to uplift the socioeconomic conditions of our people, in particular the rural poor who have been previously disadvantaged - a better life for all!
We have interrogated the merits of creating a South African Postbank Limited that will cater for the majority of the people whom the commercial banking sector classifies as a risk and unprofitable. We have given the adoption of this Bill the thumbs up.
Now that we are at the stage of registering the Postbank it is, of course, important to realise that the Postbank is envisaged to be an independent state entity under the oversight of Parliament, and that this is the final stage of an evolutionary process that was occasioned by the White Paper on Postal Policy of 1998. We therefore support the initiative to complete the process, since we have not found any contrary reason to deviate from the cause of creating an independent bank of the people.
However, it is our humble hope that the Postbank has developed full institutional capacity to be transformed into a fully fledged bank, able to provide all banking services, including the provision of credit, and that all proper management controls are in place to ensure that it does not collapse like the other small banks that have gone that route before. This is because the commercial banking sector, with which they will be competing, is highly competitive and this bank shall be made to operate within the parameters of the banking laws of the country.
As stated in the Bill, the newly corporatised SA Postbank Limited will use the staff of the Postbank. It is our humble hope that these staff members will be adequately trained for the administration of the added responsibility that comes with a new mandate.
In the area of providing financial services, there is no room for error. We therefore wish to pose a challenge to the two departments that are tasked to oversee the process of registering the bank, namely the Departments of Communications and Finance, to ensure that this matter is not left unattended. It is also important to note that in Eastern Europe some postbanks were established with good intentions, but collapsed owing to, among other things, premature privatisation strategies.
During the South African Postbank Bill hearings, Cosatu also expressed the view that corporatising the Postbank would pave the way for its privatisation. In this regard, a very crucial issue that emerged during the deliberations was the need to protect the currently marginalised groups from being excluded from exercising financial services once the SA Postbank becomes a fully fledged bank.
Subsequently, the committee included the following provisions in clause 2, which culminated in the objects of the Bill, with the aim of, among other things: "expanding the range of banking services and developing into a bank of first choice, in particular to the rural and lower income markets as well as communities that have little or no access to commercial banking services or facilities".
Sustainable financial service systems for the poor are crucial because they attract a large section of people who have been excluded from the banking system. Any institution that is able to develop ways of serving the poor at minimal risk has the potential for a profitable market. There are too many people out there who require the services of the banking sector but who otherwise do not qualify to hold bank accounts owing to their status as low-income earners. This is a market on its own.
The lack of access to banking services has disadvantaged many people, as some have to have their wages paid in cash over the counter, as opposed to direct credits into accounts. Even when they are paid through bank transfers, most of them are forced to withdraw all their earnings because of the distance between their areas of residence and the banks.
In conclusion, we support the route of using the option of the state actually rendering the service itself, rather than finding ways to incentivise the private sector to invest in rural areas.
A new era of hope for the poor has dawned and ushers in their active participation in financial markets. Our responsibility as hon members of this House is to be honourable enough to go out there, to inform, educate and popularise this newborn South African child.
There can be no justification to oppose such a progressive move that will benefit the rural masses of the population. The ANC supports this Bill. [Applause.
Mrs I C DITSHETELO: Madam Chair, we welcome the South African Postbank Bill with the fervent hope that it shall not suffer the same demise that has befallen other state-owned enterprises. We hope that South Africa will finally set up a banking service that will service the poor and those with low incomes, in particular.
It is, however, not clear why there is a provision that allows the new Postbank to operate as a company before it complies with the Banks Act. It is imperative that, as we establish such entities, we also insist on uncompromising adherence to existing legislation.
The UCDP accepts the Bill. Thank you. [Applause.
The DEPUTY MINISTER OF COMMUNICATIONS: Hon Chairperson, Ministers and Deputy Ministers, hon members, distinguished guests, ladies and gentlemen, it is indeed an honour for me to be part of this historic occasion to present the South African Postbank Limited Bill to Parliament. This Bill, introduced here today by Minister Siphiwe Nyanda, was a collective effort over several months of hard work by several stakeholders.
Building on what Minister Nyanda stated in his introduction to the Bill, this Bill has huge social and economic potential to transform the lives of our people, particularly the unbanked in the rural areas of our country. It speaks to achieving some of the Medium-Term Strategic Framework goals, like creating cohesive and sustainable communities, spurring rural development and developing economic and social infrastructure. It will provide access to institutional capacity to the many that are deprived of such services.
The Postbank will further strengthen the entrepreneurial culture and savings initiatives of our people. It provides a platform for the integration into the mainstream economic activities of, for example, the youth and rural women who are the most oppressed in our marginalised society.
Institutions that have acted as insurance against poverty and the maintenance of social cohesion, such as burial societies, stokvels and women's social clubs, will benefit greatly from the creation of this Postbank. It will also add value to the already productive activities of our people, such as small-scale agricultural projects, crafts and home industries, and trade and commerce.
Furthermore, through its expansion, the Postbank will advance the government's goal of job creation and human resource development. This includes sectors like front-desk services, information and communication technologies services and product development.
I would also like to thank hon member Kilian for the warning that she has given to us. We want to assure her that we have laboured diligently by building the necessary safeguards into the legislation to protect this bank from corporate mismanagement. You will find the clauses on corporate governance, in respect of both the board and the executive of this banking institution, to be onerous, strict and punitive in the event of any foul play.
We crafted this Bill to send a clear message that this is not an ordinary bank, but a bank with a heart and a clear socioeconomic mandate to uplift the rural and lower income groups and markets.
The Postbank will impact greatly on our society, and its success will strengthen the self-sufficiency of our people, as well as further expand the flourishing of an entrepreneurial culture.
The extensive and proven infrastructure of the Post Office provides the Postbank with the necessary capacity and possibility for success. We all have a collective responsibility, in terms of our oversight as Parliament, to ensure that this bank achieves its goals and objectives in the foreseeable future.
I want to state that voting against this Bill is to be anti-poor, anti the redistribution of the socioeconomic opportunities of our country, and downright in favour of a privileged society for the few and previously advantaged.
Once again, we would like to express our gratitude, thanks and appreciation to all stakeholders, namely Cabinet, the Department of Communications, under the able leadership of hon Minister Nyanda, the Department of Finance, the Post Office, the Portfolio Committee on Communications, led by the chairperson the hon Vadi, the state law advisers, as well as Parliament as a whole, who contributed so much in bringing this Bill to Parliament. Thank you very much, hon Chair. [Applause.
Mr J H DE LANGE: Hon Chair, hon Ministers and hon members, I rise in unconditional support of this Bill on behalf of the ANC. May I also thank everyone that played a role in drafting a Bill which at last, I think, is going to be very important in the future of this country, particularly as it relates to the poor.
When we started working on the Bill, as the hon Kilian and others have pointed out, we were very aware of the risk attached to a venture like this. We looked at other examples in the world, as our chairperson has already said.
For example, Japan and Germany, major industrial countries, started these state banks just after the war, and today they are huge conglomerates and enterprises, having focused on the poor, the needy and the disadvantaged in those societies.
Therefore, as we started working in the committee, all the parties were quite clear as to what the vision was in this regard. So, we want to thank everyone that helped us draft a Bill that, in the end, actually contained the risk that attaches to a venture like this. And, obviously, in that sense, one is very saddened by the last-minute turnaround of the DA.
The members of the DA in the committee co-operated very well throughout on the objectives of the Bill. It was at the last minute that they said that their caucus was not prepared to vote on this Bill, and today they have gone even further and we have seen the sleight of hand of their Chief Whip who tried to pretend that this was a money Bill.
I say "tried to pretend" because you don't have to be a genius to know what a money Bill is. You take this Constitution, you open it at section 77 and there the heading says "Money Bills". It doesn't say "Other Bills"; it says "Money Bills". [Laughter.] It tells you exactly what a money Bill is. Section 77 says that a money Bill is a money Bill if it "appropriates money"; "imposes national taxes, levies, duties or surcharges"; "abolishes or reduces, or grants exemptions from, any national taxes, levies, duties or surcharges"; or "authorises direct charges". Later, the section says that nothing else may be in a money Bill except those four issues; and elsewhere it says that only the Minister of Finance can introduce a money Bill.
Now, of all the submissions that Cabinet, the Minister of Finance, the state law advisers on this document, Parliament's tagging mechanism and the committee received, not a single person even vaguely referred to section 77 and this Bill being a money Bill. It is clearly not a money Bill. That was just a sleight of hand to try to stop this Bill.
Now, I don't understand this, because I would ask the DA members, those that are able to understand things, to take this Bill and read it. [Laughter.] Read it as it is now, and then tell me that this Bill doesn't target the poor and the marginalised and that we haven't looked at the risks and created mechanisms to try to deal with those risks.
Last week I read a whole lot of articles in the newspapers on how the DA was going to reach out to the poor. They buy people, so the media is now writing these things about the DA. [Interjections.] The DA is going to [Interjections.] You buy the media; your premier has said so. You go and pay them and say, "Give us space", and if someone else does that then you say, "Oh, that's terrible. This is the worst thing for democracy." Can I suggest that you buy more space and get more consultants, read this Bill, and then you will see a few things. [Interjections.
Firstly, it is targeted totally and utterly towards [Interjections.] Oh, you know, you are such a You've got that grating voice, you know. You really ... [Applause.] [Interjections.] Why they made you the deputy president of the organisation, God alone knows.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, please! Order, hon members!
Mr J H DE LANGE: When we received the Bill we were worried like everyone else [Interjections.] No, I am not the Deputy Minister. I have been demoted, so don't worry about that. [Laughter.
Obviously, I'm too stupid. I'm like a DA member. I am stupid, that's why. [Interjections.] Why don't you deal with the issues, Kohler-Barnard You are always being personal. Why don't you go and say to foreigners that they are not welcome in this country; our people must kill them Why don't you go and say that again [Interjections.] as you keep on doing that. [Interjections.?
Ms D KOHLER-BARNARD: Excuse me.
Mr J H DE LANGE: They are obviously trying to...
Ms D KOHLER-BARNARD: I rise on a point of order.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, what is your point of order?
Ms D KOHLER-BARNARD: On a point of order: I would like that comment to be withdrawn. I have never in my life told anyone to kill anyone. I take the most gross Really! Really! I want that withdrawn please.
Mr J H DE LANGE: Ask your own members what they think about it.
Ms D KOHLER-BARNARD: It is totally, totally unparliamentary to suggest such a revolting thing.
Mr J H DE LANGE: I withdraw. I withdraw. Sit down, I want to go on. [Laughter.
Ms D KOHLER-BARNARD: Chair, are you chairing this debate [Laughter.?
Mr J H DE LANGE: I withdraw. Sit down.
Ms D KOHLER-BARNARD: Excuse me, House Chairperson, are you chairing the debate?
Ms D KOHLER-BARNARD: because I don't take orders from the ANC.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon De Lange, order please.
Mr J H DE LANGE: Sit down. I withdraw.
The HOUSE CHAIRPERSON (Ms M N Oliphant): You may continue.
Mr J H DE LANGE: I withdraw. Thank you. [Interjections.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, please! Hon Davidson?
The CHIEF WHIP OF THE OPPOSITION: Madam Chair, I really think an appropriate withdrawal is in order. I would ask you that he withdraw those remarks. [Interjections.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, he said he withdrew.
Mr J H DE LANGE: I've withdrawn, Chair. Can I go on?
The HOUSE CHAIRPERSON (Ms M N Oliphant): Yes.
Mr J H DE LANGE: Thank you. One of the issues we were worried about was that the way the Bill was drafted, it created a commercial bank, and we were...
An HON MEMBER: Why were you fired?
Mr J H DE LANGE: Oh, Michael, shut up!
Mr J H DE LANGE: You know why I was fired. I was demoted, you idiot. [Interjections.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon members, order please! [Interjections.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member?
Mrs J D KILIAN: I rise on a point of order, hon Chairperson. I submit that the use of the word "idiot" is unparliamentary.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon De Lange, could you withdraw the word "idiot".
Mr J H DE LANGE: I withdraw.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Thank you. Continue, hon member.
Mr J H DE LANGE: Would "those people who are deficient of certain intellectual capacities" be better [Laughter.] Okay. [Applause.] Those are the people I am referring to?
Mr J H DE LANGE: What I was trying to say is that what we then did was look at the three major powers of a bank, that is, investing, lending and borrowing. And we then made sure that this bank would not have unfettered powers to lend, to invest or to borrow, because if it did, there would be a risk attached to it. For example, if this bank went and invested its monies in Greece or another country which has problems with its banking system, then you could clearly hit back at us.
What we have done is made those three powers subject to a policy passed by Cabinet and introduced in this Parliament to actually prescribe the lending, the borrowing and the investment powers of the bank.
The most important power you can give the Ministry and the executive is to set the parameters of policy - and all the opposition parties agree with this. So, if you don't like something - for example, what the Land Bank did: at one stage it started borrowing money for golfing estates - you would make sure that the policy spelt out clearly that that couldn't be done. You would make sure that it couldn't invest in certain places.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, your time has expired.
Mr J H DE LANGE: I was interrupted so much, but thank you, Chair. For those that are intellectually deficient, please continue with your heckling. [Applause.
The MINISTER OF COMMUNICATIONS: Hon Chair and members, firstly, I would like to thank the members who have risen on behalf of their parties to support this Bill. I would like to thank Cope in particular, even though their support was grudging because of their worries about corporate governance and the powers of the Minister and so on, but I think it is better than opposition or prevarication. Let me thank the IFP for their unequivocal support, and thank the ACDP as well.
I think the Deputy Minister as well as the hon De Lange have responded to some of the worries that the other members have pointed out with respect to this Bill, and have assured members that there are good safeguards in the Bill in order to ensure that there are very few risks or no risks at all to the savings that the poor will make.
I would like to respond to some of the issues that the DA raised. The ANC fought and won the election in 2009 with an overwhelming majority. In our election manifesto we promised the electorate to deliver on a mandate which prioritised rural development, poverty alleviation and economic growth, among other things.
The Bill is consistent with the mandate derived from the electorate. It will be an important catalyst for economic growth, and seeks to empower the marginalised communities of the country, which to most men and women are represented by the ANC and not the DA. The ANC speaks for the people of South Africa as a whole, but we speak in particular for the disadvantaged and the poor. The DA speaks for the advantaged class and the rich, and that is why they do not support this Bill. [Interjections.] The contention that the Bill gives the Minister too much power has become a familiar refrain in the discourse of the opposition. [Interjections.] They would rather that the power lies in some unelected entity where they would have an impact or influence.
The majority black government must be weakened by committees that supersede the executive authority of the elected majority party. But the Minister needs power, which she or he exercises through the Cabinet. [Interjections.] This Bill provides for the establishment of the Postbank as a financial institution, which should be governed as a bank, and the Minister will act with the concurrence of the Minister of Finance. I do not see anything amiss with that.
Policy for the Postbank must be informed by the needs of the developmental state and the priorities which our people mandated us to pursue, and we will do so doggedly and unflinchingly. We will not be lectured to on democracy and good governance by those we fought for and gave democracy and good governance to. We will not abuse the power that we get, and we will not deliberately create mechanisms that give rise to such abuse. [Interjections.
We suffered such abuse and autocracy for decades, but we will not hesitate to get the power that we need to drive our developmental agenda. We cannot afford to be emasculated by pontificating and fine-sounding phrases which we know are not genuinely meant. I thank you. [Applause.
Prof B TUROK: Chair, I have a point of order. I did not want to interrupt the Minister, but I did feel that throughout his speech there was a level of noise coming from that corner, which was unacceptable, and I would point out to you that, because the microphones in that area are very close to the speaker - whereas on this side the Ministers and members are much further away - disruptions and heckling from that side totally disrupt the speaker. It has often happened to me that I have been unable to hear myself speaking. [Interjections.] I appeal to you, the Chair, and the Speaker to ensure that the noise levels coming from that corner do not disrupt the speaker, who cannot hear himself speak. I ask for you to make a ruling on this. [Applause.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Thank you, hon member. Hon member, I did not want to disrupt the Minister either. There was also noise from the other speakers as well, because there was a lot of noise in this House. So, I do believe that when the voters are listening to the debates, they know what kind of people are representing them. Also, when I grew up [Interjections.
Mr T W COETZEE: What kind is that?
The HOUSE CHAIRPERSON (Ms M N Oliphant): Are those the kinds of members that were elected by the people who always like to make a noise, rather than concentrating on what the speakers are saying at the podium?
Prof B TUROK: I have a further point of order, Madam Chair. I think that when members ask you questions as they did now, it is an insult to the Chair and it is an insult to the House. I think you should ask him to withdraw that. [Applause.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Turok, the challenge is that the very same people who were making a lot of noise - some of whom were the Chief Whips and the Whips - are the ones who have to maintain order in this House. I believe that all political parties have to take the responsibility to advise or to train their Whips on their roles, irrespective of whether it is a Chief Whip or just a Whip. Could you take your seat, hon Ben Turok.
Mr T W COETZEE: Madam Chairperson, I rise on a point of order: When the Minister attacks us by saying that we represent the advantaged, when the Minister himself relishes staying in a five-star hotel, that is fundamentally hypocritical, and we have every right to object. [Interjections.] [Applause.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, that was not a point of order. The challenge is that some of you were provoking the Minister, and you were even provoking other members. [Interjections.
The HOUSE CHAIRPERSON (Ms M N Oliphant): If you don't know what is meant by "provoke" then you have to look it up in your dictionary. That's the unfortunate part of this.
Ms B N DAMBUZA: Hon Chairperson, I want to ask whether the member on that side is the Chief Whip of the Opposition party. I just want to be sure.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, could you please take your seat.
Bill read a second time (Democratic Alliance dissenting).
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon members, may I appeal to members to behave in this session. All the Whips from all political parties should make sure that their members behave.
The MINISTER OF POLICE: Hon House Chair, hon Members of Parliament of this House, in order for us to achieve our strategic goal of ensuring that the people in South Africa are and feel safe, much depends on the kind of civilian oversight we establish. Section 208 of our Constitution gives effect to the establishment of the civilian secretariat under the direction of the Minister. The White Paper on Safety and Security also required of us to reform this policy to ensure that both policy planning and policy monitoring occurred outside of the department, but within the Ministry.
Over a period of time, we have said that we have a duty to fight crime smartly and toughly, with no mercy for those heartless criminals. At the same time, we depend much on Bills like the one before us today, the Civilian Secretariat for Police Service Bill, to ensure that there are no abuses from that point of view.
We said a few weeks ago when we passed the Intellectual Property Laws Amendment Bill here that these kinds of interventions aimed at strengthening the civilian oversight arm are made to ensure that we will never experience a police state. Therefore, the separation of powers and the determination of their implementation have to be the order of the day.
This Civilian Secretariat for Police Service Bill seeks to ensure that a few things are observed: one, to ensure that there is strong civilian oversight; two, to ensure that there are partnerships; three, to ensure that proper policy advice is given to the Minister; and, lastly, to ensure that the civilian secretariat becomes a designated department. The co-operation between the civilian secretariat and Independent Police Investigative Directorate is of the utmost importance.
Another key aspect of this Bill relates to the establishment of the provincial secretariat. We are putting more emphasis on ensuring that we strengthen this part of the secretariat to ensure that where things happen, at the coalface in the provinces, the monitoring and evaluation units are working, and working effectively. As we demonstrated before, when we all pull together we succeed. When we focus our energies, our commitment, and walk our talk, we overcome together.
This is a new era, a new way of doing things and a new way of securing our democracy through civilian oversights over police practices, budgets and performance. We remain committed to seeing through our vision of a transformed, accountable, and effective Police Service. Thank you. [Applause.
Mrs L S CHIKUNGA: Hon Chairperson, members of Cabinet, hon Members of Parliament, fellow South Africans, in December 1997, at its 50th national conference in Mafikeng, the ANC - the people's liberation movement, the oldest organisation in South Africa, in Africa, and one of the few oldest organisations in the world - resolved that: "The political oversight and authority of the SAPS Ministry shall be enhanced to ensure compliance with the aims of the government of the day."
The Bill before the House today is in line with the Mafikeng ANC national conference resolution. As a matter of fact, it unapologetically implements that resolution. By the way, the ANC leads, and the ANC lives. [Applause.
As contemplated in section 208 of the Constitution, a civilian secretariat for the police must be established by national legislation to function under the direction of the Cabinet member responsible for policing. The Civilian Secretariat for Police Service Bill hereby intends to establish the police civilian secretariat.
In 1995, when the SA Police Service Act was passed, it established the Secretariat for Safety and Security. Currently, even if it is expected to exercise civilian oversight over the Police Service, the secretariat has to depend on the SAPS for its budget or finances. Since it gets its budget from the SAPS, it equally has to account to the SAPS on how it spends its allocated budget. This undermines the civilian oversight role of the secretariat over the police.
This Bill establishes a civilian secretariat as a designated department at national level. This means that as soon as this Bill is passed and becomes an Act, the secretariat will get its budget from Treasury and that budget will be approved by Parliament. The secretary will be an accounting officer of the civilian secretariat. This, on its own, is indeed a milestone.
The Bill clearly defines the objects, functions and powers of the civilian secretariat, the objects of which are: to exercise civilian oversight over the Police Service; to give strategic advice to the Minister in respect of developing and implementing policies; to provide administrative support services to the Minister; to ensure South Africa's engagement with regard to relevant international obligations; to liaise and communicate with stakeholders; to implement a partnership strategy to mobilise role-players and stakeholders; to implement, promote and align the operations and functions of the national and provincial secretariats; to promote co-operation between the secretariat, the Police Service and the directorate, that is the Independent Complaints Directorate, ICD, or Independent Police Investigative Directorate, IPID; to provide guidance to community police fora and associated structures and to facilitate their proper functioning; and to provide for the establishment, composition and functions of a senior management forum and ministerial executive committee.
Lo Mthethosivivinywa unika uNgqongqoshe woMnyango wamaPhoyisa, esebenzisa imithetho yabasebenzi, amandla okubeka owesilisa noma owesifazane ukuba abe ngunobhala isikhathi esiyiminyaka emihlanu, ingavuselelwa kanye, ukuze aphinde aqhubeke aphathe eminye iminyaka emihlanu. (Translation of isiZulu paragraph follows.
[This Bill gives the Minister of Police, through the use of labour laws, the power to appoint a male or a female as secretary for a period of five years, which can be renewed for another term so that he or she can continue for another five years.
It is the secretary who is ultimately responsible and accountable for all that happens in that office at national level.
Lo Mthethosivivinywa uphinde unike uNgqongqoshe woMnyango wamaPhoyisa amandla okuba asuse unobhala uma engaziphathi kahle, ngenxa yesimo sempilo engeyinhle noma ukuhluleka ukwenza umsebenzi ngokufanele. (Translation of isiZulu paragraph follows.
[This Bill also gives the Minister of Police the power to remove the secretary if he or she does not conduct himself or herself well, because of ill health, or because of incompetence.
The secretary is obligated to submit quarterly reports to the Minister and the parliamentary committees responsible for policing on the activities of his or her office. As with all departments, organisations and entities, the secretary shall prepare and submit to the Minister an annual report which the Minister will table in Parliament.
The Bill provides for transitional arrangements and further repeals section 2 of the South African Police Service Act, Act 68 of 1995, and amends section 1 of the SAPS Act, and section 1 of the Firearms Control Act, Act 60 of 2000.
As I conclude, I want to say that our vision is derived from the Freedom Charter, which proclaimed in 1955 that there shall be peace and friendship. This was against the backdrop of an apartheid state and security system which undermined the human dignity and the rights of our people, and simultaneously promoted war, not only in the country, but in the region and on the continent as well.
In building on this vision of the Freedom Charter, the ANC declared at the 1997 Mafikeng national conference that its vision was to create structures of civilian oversight, at local and national levels, to ensure that the SA Police Service became accountable to the civilian authority through the establishment of a civilian secretariat, the community policing forums, and others. This resolution was taken in order to promote democratic accountability, transparency and openness within the SA Police Service. Police members in possession of such powers need close monitoring and oversight by different organisations, and the civilian secretariat is one of them.
The Bill provides the Ministry of Police, the Secretariat of Police and the SAPS with yet more effective ammunition in the fight against crime. It remains our firm belief that we have to do everything we can and that is possible to ensure that crime is fought and that people are and feel safe. As Parliament, the executive, the judiciary and South Africans, we are up to the task and capable of addressing the crime-related challenges that lie ahead.
Together we are turning the tide against crime and criminals. Working together, we are winning the war. Let me thank the Secretary of Police, Ms Jenni, the state law advisers and all organisations and individuals who made written and/or oral submissions to Parliament on this Bill. They all assisted the committee in the processing of this Bill.
Ningadinwa nangomuso. [Please do it again in the future.
Hon Chairperson, I present to the House the Civilian Secretariat for Police Service Bill of 2010. I thank you. [Applause.
Mrs D A SCHÄFER: Mr Chairperson, in passing this Bill we will not be creating a new entity, but rather re-establishing an existing one as a separate entity in terms of its own legislation, and not as a subsection in the South African Police Service Act.
In doing so, more credibility is given to the police secretariat, as a civilian oversight entity independent of the police. The Bill gives more clarity with regard to the objects and functions of the secretariat and extends its functions in several important respects.
It provides for the secretariat to have its own budget, and to provide for its establishment at national and provincial levels as an effective and efficient organ of state. It also provides for close co-operation between the secretariat and the soon-to-be Independent Police Investigative Directorate, or IPID, currently known as the Independent Complaints Directorate, ICD, as well as provincial secretariats and provincial police heads.
Importantly, this Bill also makes provision for the monitoring of police action and for ensuring that the SAPS puts in place effective systems for the reporting and resolution of complaints from the public.
Whilst this legislation is a step in the right direction, we need to keep in mind that the enactment of legislation alone is not going to suddenly create a body that is a well-oiled piece of machinery. No matter what the legislation says, if you do not have the right people in the right positions to give effect to this legislation, then it will mean nothing.
In this connection, one could be forgiven for not even knowing there was the Secretariat for Safety and Security until about a year ago when a new police secretariat was appointed. Until that point, the secretariat was probably one of the most dysfunctional bodies we had, frittering away money on izimbizo and activities of which we were largely unaware, as they did not file many reports either.
In my budget speech in 2009, I highlighted the fact that the department had a total staff of 37. Of these, four were directors, at a salary of R2,5 million per annum each. We had four deputy directors, at just under R1,4 million each; three assistant directors, at just under R700 000 each; and another five assistant directors, at just under R900 000 each. Thus, a total of 43% of the staff were directors. This veritable array of extremely well-paid directors managed to meet five out of their 19 performance targets for the previous financial year.
We are very pleased to see a huge improvement in the functioning of this department since then. If this continues, then this legislation will assist them in ensuring that they play the vital role of civilian oversight of the police, as envisaged in section 208 of the Constitution.
We have been concerned for a very long time that the recommendations of the ICD have not been enforced by the SAPS and that there was no legislation compelling them to do so. The recent Independent Police Investigative Directorate Bill that was approved by this House will change that and strengthen the ICD's powers. But their recommendations will be even further strengthened by this Bill, which provides for the secretary to receive reports from the executive director of IPID regarding recommendations they have made as a result of their investigations.
The secretariat must then monitor the implementation by the Police Service of the recommendations made by the directorate and provide the Minister with regular reports on steps taken to ensure their compliance. Thus, if the SAPS does not implement the IPID's recommendations, the Minister is accountable. This is a huge step forward in terms of police accountability, and we welcome it.
One of the other most significant changes in the functions of the secretariat is that it will now take over the responsibility of monitoring the police's compliance, or rather lack thereof, with the Domestic Violence Act. This was previously the responsibility of the ICD, which performed rather dismally in that regard.
The initial IPID Bill purported to repeal the whole of section 18 of the Domestic Violence Act, causing a justified outcry from NGOs working with victims of domestic violence. However, this has now been remedied, and it just provides for the secretariat to take over the responsibilities which were previously those of the ICD.
Once again, legislation can only be effective if the correct people are in place and also the necessary resources. I trust that the Secretary of Police realises the huge task that this is going to be. The report of the ICD in 2008 showed that approximately 65% of police stations fail to comply with the Domestic Violence Act. The DA registered our concerns at the time.
We had to reiterate those concerns in 2009, when a report from the Auditor-General documented chronic failure in terms of adequately reporting domestic violence incidents at police stations in eight of the nine provinces. The report even highlighted, in some instances, 75% failure rates in recording domestic violence incidents in occurrence books. This obviously affects the crime statistics and makes it difficult to gauge the true extent of the problem.
Our oversight visits in the last year have shown that, to this day, many police officers show scant regard for the Domestic Violence Act, and that they regard it as an inconvenience in their busy life of real policing. The fact that after 10 years of the Act being in force there is still a provision in the Domestic Violence Act allowing for police officers to apply for exemption from being charged with misconduct if they fail to comply with it, is a travesty of justice. The secretary has undertaken in our committee to review at the entire Act, and this clause in particular, and we will hold her to that.
Finally, Mr Speaker, I need to engage in a spot of self-indulgence, as this is the last time I will speak in this House as a member of the Portfolio Committee on Police.
As a new Member of Parliament, I can think of no nicer committee to have served on. From the start, we have worked together well and extremely hard, and in such a way that I have been inspired that there is hope for service delivery from the police in this country.
To all the members who have taught me so much so quickly, a very big thank you. But special thanks must go to the hon Chikunga, our chairperson. She is a slave-driver of note, but she works just as hard herself, if not harder. Her unfailing commitment to sorting out the Police Service is to be commended, as well as her very strong, yet very human nature.
Thank you for everything. It has been a privilege to serve on your committee. The DA will support this Bill. [Applause.
Mr M E GEORGE: Hon Chair, the South African Constitution requires in section 208 for the civilian secretariat to function under the direction of the Minister. It is designated as a department at the national level in its own right with its own budget. The secretary will be the accounting officer from now onwards.
The Civilian Secretariat must exercise its powers and perform its functions without fear, favour or prejudice in the interest of maintaining effective and efficient policing and a high standard of professional ethics in the police service.
This provision, read in conjunction with clause 4(6) in the Bill, provides that the secretariat will obtain its budget from money appropriated by Parliament, giving the secretariat the autonomy to function independently of the police.
This is indeed a very healthy development. The only question that we have is whether this autonomy will last. A few years ago, we were all very excited about the creation of the Scorpions, but it was too good to last. If the civilian secretariat functions too well, it may also be disbanded, not because it does not answer the needs of South Africans, but because it does not suit the ruling party.
The civilian secretariat is mandated in this Bill to give strategic advice to the Minister in respect of developing and implementing policies. I believe that the Minister is duty-bound to report to Parliament as to what he makes of the strategic advice he is given. While it will be his right to take advice or decline it, we will need to know because it is our function to exercise oversight over the Minister.
The fact that this Bill requires in clause 6(2)(a)(1) for the civilian secretariat to conduct research into policing matters and to establish competencies means that the Minister will be getting advice on the basis of research.
The creation of the resource information centre is very welcome. Just as welcome, is the fact that the civilian secretariat must conduct quality assessment of the Police Service, identify problem areas for early interventions and help develop best practice models.
For South Africans who are punch-drunk from being attacked by criminals, it is important that the civilian secretariat continues to recommend steps for improved service delivery and police effectiveness. If this is done satisfactorily, the public will endorse the secretariat.
If this fails, the public will have nowhere else to turn. So, the secretariat is one of the important structures in our country. I see my time has expired, Chair. What I want to say, which must be addressed by the Minister, is that, funds permitting, the secretariat must be given more powers, especially in the provinces. At the moment, there are limits. Cope will support the Bill. Thank you very much. [Time expired.
Mr R N CEBEKHULU: Chairperson, firstly, I must state that I am not a member of this portfolio committee. The IFP's member of the committee is Mr V B Ndlovu, but I am standing in on his behalf and on behalf of the IFP. The party supports this Bill.
The Civilian Secretariat for Police Service Bill is another landmark Bill that seeks to entrench and enhance the supervision and oversight of our Police Service. Our constitutional dispensation demands that the civilian secretariat be established and, therefore, this Bill is an imperative within our democracy.
The Police Service is not autonomous or above the law and must be held to account for any actions which go beyond the limits of reasonable law enforcement.
The controversial "shoot-to-kill" comments made by senior police personnel must not be allowed to engender a culture within the Police Service which sees police officers placing themselves above the law.
Corruption, which is currently rife at many of our police stations, must also be addressed and stamped out as a matter of urgency, and the establishment of the civilian secretariat will assist in this regard by adding more muscle to the Independent Police Investigative Directorate.
In addition, the civilian secretariat has the very important role of advising and supporting the Minister of Police in the exercise of his powers and functions, and with seasoned professionals assuming the seats of the secretariat's three chief directors, we expect an overall improvement in policing services within South Africa. The IFP fully supports the Bill. I thank you. [Applause.
Rev K R J MESHOE: Chairperson, the ACDP supports this Bill, as the secretariat will function independently of the Police Service and report directly to the Minister. This is unlike the current Secretariat for Safety and Security, which is regulated in terms of the South African Police Service Act, the Saps Act.
As one of the functions of the civilian secretariat is to monitor the performance of the Police Service, I hereby request that the performance of the police at the Hillbrow Police Station be prioritised and, specifically, that the secretariat looks at the way the police deal with drug trafficking in the area. The secretariat should also review the policy that restricts police officers' responsibilities to their prescribed areas of jurisdiction.
The ACDP believes that the police should be empowered to arrest criminals throughout the country so that they do not have a place to hide. What is reported to have happened in Hillbrow a few days ago, where Hillbrow police officers arrested police officers from Johannesburg while they were trying to arrest drug dealers is totally unacceptable and should not be allowed to happen again.
The Police Service should co-operate in order to stamp out crime throughout the country. I thank you.
Mnr P J GROENEWALD: Agb Voorsitter, ek wil vir die agb Chikunga sê dat Mafekeng 'n bietjie lank gelede was. Die ANC behoort nie so te sukkel om wetgewing deur te kry nie. Dis al bietjie langer as tien jaar.
Agb Voorsitter, die VF Plus ondersteun hierdie wetgewing en die wetsontwerp, maar ek wil vir die agb Minister sê dat dit een ding is om iets in die Wetboek te hê, maar dat dit 'n ander ding is as dit by die praktyk kom. Kom ons vat die aspek wat lui dat die sekretariaat die agb Minister sal adviseer. Ek wil egter vir die agb Minister sê dat daardie advies eers werklik kragtig sal word as hy daardie advies volg. Ek wil ongelukkig vir die agb Minister sê dat, as ek so in die algemeen kyk, dit nie altyd lyk of die agb Minister na die advies luister nie.
So, ek wil 'n beroep op die agb Minister doen. As hy die advies kry, moet hy daardie advies volg, want die advies is gewoonlik om die Suid-Afrikaanse Polisiediens te verbeter. Dan sal hierdie wetsontwerp 'n groot sukses wees. Ek dank u. (Translation of Afrikaans speech follows.
Mr P J GROENEWALD: Hon Chairperson, I want to tell the hon Chikunga that it has been a while since Mafekeng. The ANC should not be struggling like this to get a piece of legislation accepted. It is a tad longer than ten years already.
Hon Chairperson, the FF Plus supports this legislation and this Bill, but I want to tell the hon Minister that it is one thing to place something on the Statute Book, but that it is quite different when it comes to the practice of implementation. Let us take the aspect that says that the secretariat will advise the hon Minister. I, however, want to tell the hon Minister that this advice will really only be powerful if he follows it. Unfortunately I have to tell the hon Minister that, from a general perspective, it does not always seem as if the hon Minister is listening to this advice.
I therefore want to make an appeal to the hon Minister. If he receives advice he has to follow that advice, because the advice is usually intended to improve the South African Police Service. Then this Bill will be a huge success. I thank you.
Mrs I C DITSHETELO: Chair, this Bill is obviously long overdue, since the South African Police Service Act predates the Constitution. For that reason it is much appreciated. Civilian oversight is an inherent feature most especially of the Police Service.
The foresight to have the secretariat reporting directly to the Minister is a wise decision. We look forward to a Police Service that is accountable to its civilians for its actions and hope that the secretariat will be fearless in executing its evaluation and monitoring role over the Police Service. The UCDP accepts the Bill. Thank you. [Applause.
Mr G D SCHNEEMANN: Chairperson, the ANC's 2009 election manifesto was very clear about its intentions in the fight against crime and corruption, and listed this as one of its five priority areas for the period through to 2014. It said the following, and I want to quote the following two paragraphs: firstly, "our fight against crime will be a key priority to ensure safer and more secure communities"; and, secondly, "crime is a major national challenge, and the fight against crime and corruption needs to be stepped up".
The Bill which we are debating today helps strengthen the fight against crime through the creation of a truly independent civilian secretariat. Currently, the secretariat is regulated in terms of the South African Police Service Act. Section 2 of Act 68 of 1995 will therefore be repealed. To further enhance its independence, the civilian secretariat will be financed from monies appropriated by Parliament.
The civilian secretariat will play an important role in monitoring the performance of the SA Police Service and the utilisation of the budget by the Police Service.
Each province, through the MEC, will be required to constitute a provincial secretariat. Until now, this has not been a requirement; it has been a choice of provinces. And, in fact, at the moment, only two provincial secretariats exist. This Bill requires that a provincial secretariat be established in every province within 18 months of the enactment of this Act.
The Bill states that the head of the provincial secretariat may not be a member or a former member of the SA Police Service. The reason for this is to further strengthen the independence of the provincial secretariats - the same as for the civilian secretariat.
The term of office of a provincial secretariat is five years, which may be renewed for one additional term only. The functions of the provincial secretariats include the monitoring and evaluation of the implementation of policing polices and the evaluation and monitoring of police conduct in each province. The provincial secretariats will be required to submit reports to the MECs, the heads of the provincial departments and the secretaries.
Although the provincial secretariats are appointed by the relevant MECs, in consultation with the Minister of Police, they are not independent institutions. They are required to work closely with the secretaries and meet on a quarterly basis and ensure that there is alignment between the provincial secretariats and the secretary in terms of annual strategic and performance plans.
They also need to discuss the performance of the police in the provinces to identify best practices, detect any failures and recommend steps to be taken to prevent or correct such failures. Where a provincial secretariat is not able to perform its functions properly or cannot fulfil its obligations in terms of the Bill, the Minister, after consultation with the relevant MEC, may instruct the civilian secretariat to intervene in the affairs of a provincial secretariat. These measures will help to ensure that we don't allow a situation to develop in which provincial secretariats become dysfunctional and there is no mechanism for intervention.
One of the important aspects of this Bill is that it ensures co-operation between the civilian secretariat and the recently passed Independent Police Investigative Directorate Bill, IPID. In particular, the civilian secretariat will be responsible for monitoring the implementation by the SA Police Service of recommendations which are made by IPID. It will have to provide the Minister with regular reports on the steps taken by the SAPS to ensure compliance. For the first time we will have a situation in which recommendations of IPID, or the directorate of the SAPS, are monitored, but, more importantly, the SAPS will now be held accountable. We expect the SA Police Service to provide full co-operation in this regard.
Furthermore, the Bill requires that the SA Police Service provides its full co-operation to the civilian secretariat and, where required, to the provincial secretariats. This includes providing the civilian secretariat with the information it will need to be able to effectively perform its oversight function of the SA Police Service, as required in this Bill. The SAPS will also be required to provide the civilian secretariat with the necessary information and support so that it can monitor and evaluate the compliance of the SAPS with the Domestic Violence Act of 1998. This is a new function which is being allocated to the civilian secretariat. Until now, this has been a function that was performed by the Independent Complaints Directorate.
Placing the Domestic Violence Act under the watch of the civilian secretariat will ensure that greater importance is placed on compliance by the SAPS with regard to section 18 of the Domestic Violence Act.
We wish the soon-to-be-established civilian secretariat for the Police Service well in its work. The ANC's manifesto says that by working together we can do more. Therefore, by working together, the civilian secretariat, the SA Police Service and the Independent Police Investigative Directorate can do more to bring about a Police Service that is efficient, effective and free of corruption.
As I conclude, I would like to bid farewell to the hon Debbie Schäfer, who has played a very constructive and, I think, important role in the work and deliberations of the Portfolio Committee on Police since she came to Parliament last year. I think it's a great pity that the leadership of the DA has decided to move her elsewhere. But maybe they need her capabilities in another portfolio committee. I just want to say that I have always found it strange that as soon as a member of the DA starts to perform well, constructively and effectively, the DA suddenly moves them away. [Interjections.
As I conclude, perhaps I could also say to Premier Helen Zille of the Western Cape that she said that she didn't have many women to choose from to fill positions in her provincial executive, but I want to say that I think hon Debbie Schäfer would have been an ideal candidate to have in your provincial executive. [Applause.] Chairperson, thanks very much. The ANC supports this Bill. [Applause.
The MINISTER OF POLICE: Chairperson, this debate underpins a very fundamental point which I think we need to note, that when we talk about policing in South Africa, we still talk about community policing. That's the orientation, that's the philosophical outlook, and we are committed to that.
I will take advice, hon Groenewald, if it is sound advice. I can promise you that. If I see that the advice is not going to help, I don't think I'm going to agree and take that advice. Thanks for your point. I take your point.
Tshangisa, ngiyakuzwa baba, kulokhu okushoyo. [Tshangisa, I understand what you are saying.
We have emphasised the point of strengthening the secretariats in the provinces. Regarding what the Rev Meshoe raised, I want to say that Gauteng has a new police commissioner, Lieutenant...
uzokhwela phezu kwakhe [ ... he will deal with him...
because he must respond to some of these things but, beyond that, policy matters will be taken care of, as we raised earlier with you.
Nongalo, u "Shoot to Kill" - usehambile, oh nanguya akakahambi- cha awukho u "Shoot to Kill" Baba, yinto yamaphepha le, ungabalaleli laba bantu bakhuluma kakhulu; ngakho-ke ungahambi nabo. (Translation of isiZulu paragraph follows.
[Nongalo, the hon member who spoke about "Shoot to Kill"" has gone - oh, there he is. There is no instruction such as "Shoot to Kill", hon member. That is something to do with the media. Do not listen to the media because they are talkative, so do not believe them.
We do not have that; there is no such policy as "Shoot to Kill". In conclusion, thank you members of the portfolio committee. Thank you very much. [Applause.
The MINISTER OF TRANSPORT: Chairperson, colleagues, Members of Parliament, the SA Law Reform Commission is mandated to revise the South African Statute Book and to identify and recommend for repeal or amendment laws that are inconsistent with the equality clause in the Constitution of the Republic of South Africa.
The SPEAKER: Order! Order, hon members! Order please. Continue, Minister.
The MINISTER OF TRANSPORT: In this regard, the commission conducted research and established that there were 2 800 Acts on the Statute Book and that 218 of these were administered by the Department of Transport. Of the 218 pieces of legislation identified as being statutes administered by the Department of Transport, the commission and the department identified 63 Acts that may be repealed wholly, and 19 Acts that may be partially repealed.
The Bill's first schedule seeks to repeal some railway construction Acts dating back to 1939. These Acts authorised the construction and equipment of railway lines at certain places in the country. Having achieved the purpose for which they were enacted, these Acts are now spent and can be repealed.
Schedule 2 seeks to repeal Acts that no longer serve any purpose, for example the Railways and Harbours Strike and Service Amendment Act of 1914. For example, section 15 is the only remaining provision of the Railway Expropriation Act of 1995, the other provisions having been repealed over the years. The application of section 15 depends on the existence of a provision in another Act, and that Act itself has been repealed. Thus, section 15 can no longer be applied and the Acts in question can be repealed.
The Portfolio Committee on Transport and the relevant stakeholders discussed further Acts listed in Schedule 1 of the Bill and approved 47 of those Acts as legislation that needed to be repealed totally.
Within Schedule 2 provisions that stand to be repealed have either become obsolete or will become obsolete since the legislation they refer to stands to be repealed by virtue of Schedule 1. For example, the application of section 1 of the Railways and Harbours Service and Superannuation Fund Acts Amendment Act of 1930, which stands to be replaced, is dependent on a provision in another Act. Since that Act has already been repealed, the said section serves no purpose and can be repealed.
Furthermore, the Portfolio Committee on Transport, having discussed this Bill with the department and relevant stakeholders, has approved 14 Acts in Schedule 2. These fall into the category of those Acts that need to be repealed to a certain extent.
The Bill was published for comment in the Government Gazette in February 2009. Comments were received from Transnet, the Passenger Rail Agency of SA and the Office of the Chief State Law Adviser.
The state law advisers and the Department of Transport are of the opinion that this Bill must therefore be dealt with in accordance with the procedure established by section 75 of the Constitution. This is because it contains no provisions to which the procedure set out in section 74 or 76 of the Constitution applies.
Hon Chair, we therefore request that this House pass this Bill. I thank you. [Applause.
Ms N R BHENGU: Mr Chairperson, hon members, the Portfolio Committee on Transport processed the Transport Laws Repeal Bill. All political parties who are active in the Portfolio Committee on Transport adopted the Bill with no reservations.
The Department of Transport came to brief the Portfolio Committee on Transport on what this Bill sought to achieve. At the first briefing to the Portfolio Committee on Transport, the department came unprepared and presented the Portfolio Committee on Transport with a list of the transport laws that this Bill would repeal without outlining the provisions of such laws.
The Portfolio Committee on Transport found the failure to provide the provisions of the said Acts by the officials of the department unacceptable. This would have meant that members of the Portfolio Committee on Transport was expected by the Department of Transport to discuss the repealing of transport laws, the provisions of which the members would have had no understanding of as some of these transport laws were passed by previous parliaments and most of them during the apartheid era.
We commend the officials from the department who accepted this weakness and committed to presenting to the Portfolio Committee on Transport the provisions of the laws that this Bill seeks to repeal. That process was followed by public hearings. We received only two submissions on the Bill and held public hearings on them.
Transnet submitted that Parliament should not repeal the following Acts: the Railway Construction Act, Act 57 of 1961; the Second Railway Construction Act, Act 58 of 1963; the Railway Construction Act, Act 5 of 1965; and the Railway Construction Act, Act 17 of 1966. Transnet argued that all these Acts referred to agreements concluded between the government of the Republic of South Africa and its Railways and Harbours Administration, hereinafter called "the Administration".
The said Acts specifically empowered "the Administration" to give effect to the respective agreements, a right that was ultimately transferred to Transnet in terms of the Legal Succession to the South African Transport Services Act, Act 9 of 1989.
All these agreements confer disposing rights on "the Administration" in respect of the railway line that is the subject of the Act in question. These disposing rights still appear to be in existence and their duration may be summarised as follows: the Railway Construction Act, Act 57 of 1961, expires in 2012; the Second Railway Construction Act, Act 58 of 1963, expires in 2013; the Railway Construction Act, Act 5 of 1965, expires in 2015; and the Railway Construction Act, Act 17 of 1966, expires in 2016.
Transnet submitted that the repeal of the four above-mentioned Acts should be delayed until the right in question has expired. The committee acceded to Transnet's submission.
A second submission was made by a member of the public from Melmoth, Mr Bhekizenzo Ngobese. The Portfolio Committee on Transport commended Mr Ngobese for his courage and viewed him as an example of public participation in lawmaking. Mr Ngobese's submission was, however, more relevant to efforts to reduce the number of fatal accidents and the congestion of roads through speed limits.
The Portfolio Committee on Transport then resolved to defer the discussion on Mr Ngobese's submission to a time when the committee would engage in discussions on fatal accidents and the congestion of roads. The Portfolio Committee on Transport adopted the Bill.
We recommend that the House pass the Transport Laws Repeal Bill. I thank you. [Applause.
Mr S B FARROW: Chair, as the Minister and the portfolio chair so competently explained, the Bill before us repeals some 51 Acts and only certain provisions of 14 Acts that required repealing. The Acts for repeal were identified in terms of the SA Law Commission's mandate to revise the South African Statute Book with a view to recommending, in conjunction with the Department of Transport, for repeal or amendment those Acts or provisions of Acts that are inconsistent with the equality clause in the Constitution, and are either redundant or obsolete. Many of these old laws had connotations of the old apartheid regime and were identified as no longer having legal effect.
The task could not have been all that easy considering that the Acts go back to 1914 - actually, Minister, not 1936 - and are not always readily available through electronic media. In many cases the old Acts had to be sourced from parliamentary archives. The portfolio committee, to a certain degree, had similar problems, because "taking the word" of officials and the state law advisers for some of the Acts was clearly not the correct way of doing diligent oversight. But, needless to say, we managed to work our way through them.
Coupled to this was the limited response to the public hearings. The portfolio committee chair mentioned that there was only one or two people that came forward for comment since the Bill was gazetted some months previously. The only real comments of any note came from Transnet. Their subsequent interaction with the portfolio committee, as was mentioned, led to four Railway Construction Acts previously being considered for repeal, being excluded in this current Bill. The reason for their exclusion was that these Acts still have disposing rights for a varying period ranging from 2011 to 2016.
Under the circumstances, it was decided that these Acts should, therefore, run their course and as they expired we would repeal them. It was interesting to note that many of the removed Acts had supply links to manufacturers that are still in existence today, such as the Highveld steel company. One's mind cannot but think of what connection and the real purpose of those Acts were, way back then in the height of apartheid in 1960. But, more importantly, who benefited from these laws.
Repealing Acts of this nature does have its benefits as it requires one to go into the Acts, and to assess their merits in retaining anything in them or not. This is a bit like ensuring that one doesn't throw the baby out with the bath water. Fortunately, though, many of our current transport laws have an overarching effect which ensures a certain amount of safeguards to prevent any intended gaps occurring.
Whilst I have the podium I want to say that one of the concerns the DA has is that we may be doing away with Acts which could in many ways help, as they do, in administering our transport better. For instance, one of our Acts, which was previously repealed, could ensure better control and movement of goods now going by rail. Although this specific Act does not appear in this repeal Bill, our research now suggests that we should consider this Act. To this end, the DA will be submitting a Private Member's Bill to reintroduce applicable - and I point and stress applicable - provisions in the Road Transportation Act, Act 74 of 1977. This is to once more control and regulate the movement of certain goods by road with a view to ensuring that where parallel rail services exist these goods will in future be transported by rail.
The impact of the movement of heavy freight such as coal, iron ore, steel, timber and similar bulk products by road, has had a devastating effect on our roads, and the time has come for this practice to be properly policed. We are not saying that we want to introduce the authoritarian and dictatorial practices of the past through the old railway police, but certain provisions in this Act did help in the preservation of our road network by ensuring that road freighters first had to pass the scrutiny of a transport board and have a permit issued only if they met certain criteria. The DA has, in previous debates, actually mentioned to the Minister and his predecessors to introduce such a Bill or even a regulation for certain goods to go by rail, but so far that has fallen on deaf ears.
I trust that support will be given for this initiative when this Private Member's Bill is introduced in Parliament. This aside, the DA supports the Transport Laws Repeal Bill and can't wait to see the end of that. Thank you. [Applause.
Mr P D MBHELE: House Chair, if a department that is supposed to be administering Acts of Parliament doesn't quite know how many such Acts are in force, then what about us in Parliament who are supposed to conduct oversight?
Members of this House, I understand, have never been given a full list of Acts administered by different departments. This defect needs to be remedied and the Speaker should order all departments to oblige, otherwise we will be operating in the dark. The Transport Laws Repeal Bill reveals to us why this is so important.
As Parliament, we are forever engaged in making new laws because changing circumstances overtake laws that were made in the past. Yet we allow laws that are spent or have no practical utility or legal effect to stay on. Inasmuch as we make laws, we should, on a regular basis, repeal laws that are spent or laws that impede our society from making progress.
Laws are good when they are current and progressive. Laws are bad when they hark back to a previous time and previous order, and stand in the way of change and innovations. Who knows what greater progress we could have made if we had only removed laws that are now obstacles in the path of progress The Department of Transport must, therefore, be commended for its spring-cleaning and removal from the Statute Book of laws which are ghosts from the past. We also need to be doing our own ghost busting?
According to the SA Law Commission, South Africa has 2 800 Acts on its Statute Book. The Department of Transport was supposed to be administering 218 of these Acts. However, 51 of these 218 Acts, which is a staggering 23,5%, will now be repealed after today. That is an alarming statistic. What if every department is sitting with laws, 20% of which are obsolete On top of that, another 14 Acts will be pruned, with certain provisions in them being excised. The slimmer versions will make these laws more modern?
This exercise should be an eye-opener to all of us. There is a lot of clutter on our Statute Book that must be removed. We have made a beginning, and Cope requests that a full-scale cleanup in all departments be made. I wish to submit that 2 000 Acts of Parliament will certainly be far better than 2 800. The fact that 16 years have passed since the birth of our democracy must indicate to us the urgency of properly cleaning up our laws. There are also many ordinances in the provincial legislatures that continue to live when they should have been remade into Acts of provincial parliaments long ago. The Land Use Planning Ordinance, Lupo, is one such ordinance.
A huge nightmare for our democracy, however, lies in the regulations that accompany Acts of Parliament. While the cleaning up of the statutes is a big step in the right direction, the regulations should never be left in limbo. For ordinary citizens, it is the obscure regulations which are the bane of their lives.
It is interesting to note that certain Acts have had a 50-year lifespan and are being left out of the process we are engaged in to run their course within the next six years. While this is perhaps the best option, all things considered, government needs to be proactive in determining whether any loopholes will arise come 2016 that would be detrimental to the state, and take timely action.
The handover should be thoroughly prepared for, and also to prevent there being any loopholes that would enable departmental officials to defraud the state through collusion. Cope will, however, support the Transport Laws Repeal Bill. [Time expired.] [Applause.
Mr E J LUCAS: Chairperson, the IFP understands that the Transport Laws Repeal Bill urgently requires simplification. In addition, all obsolete and extremely primitive legislation also requires eradication. For instance, there are currently 20 Railway Construction Acts which allow for the construction of equipment at various places within our country. These laws are often outdated and we believe that the industry must be broadened in order for the greater part of our country to benefit. It is as necessary as a dental root-canal procedure, but will hopefully be less painful.
The Bill seeks to repeal legislation which has been identified by the SA Law Reform Commission as being inconsistent with the equality clause in the Constitution or as being redundant and obsolete. I am sure we all agree that legislation which is no longer of any practical import and utility has no place in effective governance. Legislation which continues to have legal effect even when the purpose for which it was enacted no longer exists, or is being met by alternative means, must likewise be repealed.
Our rail system is in urgent need of modernisation. The IFP believes that this is the most opportune time to consider wide-gauge railway lines, as well as the manufacture of commuter-friendly coaches. In conclusion, the IFP, therefore, supports the culling of all unnecessary, obsolete and redundant laws because they impact negatively upon service delivery. I thank you. [Applause.
The MINISTER OF TRANSPORT: Thank you, Chairperson, and thank you hon members and members of the Portfolio Committee on Transport. I thank you for the co-operative and constructive way in which we work. Thank you for the comments. We also thank the members for supporting this Bill, and it shall be dealt with accordingly.
Of course, we will be bringing forward other obsolete Acts that need to be repealed that we still have on our Statute Book, such as the legislation on the transportation of coloured people and so forth. Those Acts are still going to be brought before this House. I thank you. [Applause.
The House adjourned at 17:06.
The following paper is referred to the Committee on the Auditor-General for consideration and report.
Report and Financial Statements of the Office of the Auditor-General for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10 [RP229-2010].
The following papers are referred to the Portfolio Committee on Tourism for consideration and report.
Report and Financial Statements of Vote 25 - Department of Environmental Affairs and Tourism for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP181-2010].
Report and Financial Statements of South African Tourism for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
The following papers are referred to the Portfolio Committee on Labour for consideration and report.
Report and Financial Statements of the Department of Labour - Vote No 15 for 2009-10, including the Reports of the Auditor-General on the 2009-10 Financial Statements and Performance Information of Vote No 15, the Sheltered Employment Factories and the National Skills Fund [RP129-2010].
Report and Financial Statements of the National Economic Development and Labour Council (Nedlac) for 2009-10, including the Report of the Independent Auditors on the Financial Statements for 2009-10.
Report and Financial Statements of the Commission for Conciliation, Mediation and Arbitration (CCMA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP84-2010].
Report and Financial Statements of the Compensation Fund for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Unemployment Insurance Fund (UIF) for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10 [RP134-2010].
Report and Financial Statements of Productivity SA for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10 [RP132-2010].
The following papers are referred to the Portfolio Committee on Public Enterprises for consideration and report.
Report and Financial Statements of the Department of Public Enterprises for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP201-2010].
Report and Financial Statements of Denel (Proprietary) Limited for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
The following papers are referred to the Portfolio Committee on Justice and Constitutional Development for consideration and report.
Report and Financial Statements of the South African Human Rights Commission (SAHRC) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP167-2010].
Report and Financial Statements of the Public Protector South Africa for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP212-2010].
Report and Financial Statements of the Special Investigating Unit (SIU) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP 220-2010].
The following papers are referred to the Standing Committee on Finance for consideration and report.
Report and Financial Statements of the Development Bank of Southern Africa (DBSA) for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10, and the Report and Financial Statements of the DBSA Development Fund for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Financial and Fiscal Commission (FFC) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP73-2010].
The following paper is referred to the Portfolio Committee on Science and Technology for consideration and report.
Report and Financial Statements of the Council for Scientific and Industrial Research (CSIR) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP194-2010].
The following papers are referred to the Portfolio Committee on Basic Education for consideration and report.
Report and Financial Statements of the Council for Quality Assurance in General and Further Education and Training - Umalusi - for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Education Labour Relations Council for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information of the Transformation Fund of the Education Labour Relations Council for 2009-10.
Report and Financial Statements of Vote No 13 - Department of Education for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP93-2010].
Report and Financial Statements of Vote No 25 - Department of Environmental Affairs and Tourism for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP181-2010].
Report and Financial Statements of the iSimangaliso Wetland Park for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African National Biodiversity Institute for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African Weather Service for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP121-2010].
Report and Financial Statements of the South African National Parks (SANparks) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP208-2010].
Report and Financial Statements of the Marine Living Resources Fund (MLRF) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
The following paper is referred to the Portfolio Committee on Higher Education and Training for consideration and report.
Report and Financial Statements of Vote No 13 - Department of Education for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information 2009-10 [RP93-2010].
Public Protector Report No 20 of 2010-11 on an investigation conducted in terms of section 3(1) and 4(1) of the Executive Members' Ethics Act, 1998 (No 82 of 1998), the President's comments thereon and action taken in regard to the report's recommendations.
Public Protector Report No 19 of 2010-11 on an investigation conducted in terms of section 3(1) and 4(1) of the Executive Members' Ethics Act, 1998 (No 82 of 1998), the President's comments thereon and action taken in regard to the report's recommendations.
Letter from the President of the Republic, dated 7 July 2010, to the Speaker of the National Assembly, informing members of the Assembly of the extension of the employment of the SA National Defence Force for service in fulfillment of the international obligations of the Republic of South Africa towards the Democratic Republic of Congo.
The Report of the Independent Complaints Directorate on Domestic Violence for the period July - December 2009, tabled in terms of section 18(5)(c) of the Domestic Violence Act, 1998 (Act No 116 of 1998).
Report of the Portfolio Committee on Energy on the Amendments to Articles VI and XIV.
The Portfolio Committee on Energy, having considered the request for the ratification of the Amendments proposed to Articles VI and XIV.A of the International Atomic Energy Agency (IAEA) Statute, referred to it, recommends that the House, in terms of section 231(2) of the Constitution, approves the said Amendments.
Request to be considered.
Refugees Amendment Bill [B 30 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33478 of 20 August 2010.
Introduction and referral to the Portfolio Committee on Home Affairs of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of the Bill may be submitted to the JTM within three parliamentary working days.
Report of the Executive Officer of the Financial Services Board on the Road Accident Fund (RAF) for the period 1 April 2006 to 31 March 2009.
Report and Financial Statements of the National Prosecuting Authority (NPA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 87-2010].
Report and Financial Statements of Legal Aid South Africa for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 44-2010].
Report and Financial Statements of the President's Fund for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 223-2010].
Proclamation No R. 35 published in Government Gazette No 33425 dated 30 July 2010: Amendment of proclamation, in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Proclamation No R. 36 published in Government Gazette No 33425 dated 30 July 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal, in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Proclamation No R. 37 published in Government Gazette No 33425 dated 30 July 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal, in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Proclamation No R. 38 published in Government Gazette No 33425 dated 30 July 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal, in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Proclamation No R. 41 published in Government Gazette No 33448 dated 6 August 2010: Commencement of the Jurisdiction of Regional Courts Amendment Act, 2008 (Act No 31 of 2008).
Proclamation No R. 42 published in Government Gazette No 33451 dated 10 August 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal, in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Report and Financial Statements of Vote 32 - Department of Trade and Industry for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 32 for 2009-2010.
Report of the Regulating Committee to the Airports Company of South Africa and Air Traffic and Navigation Services Company for 2009-2010.
Report of the Commission for Gender Equality (CGE) on A Gendered Analysis of Land Reform Policy and Implementation Outcome in South Africa, (2006 - 2008/09) - 5 May 2010 (Final Comprehensive Version).
Report of the Commission for Gender Equality (CGE) on A Gendered Review of South Africa's Implementation of the Millennium Development Goals.
Report and Financial Statements of the Companies and Intellectual Property Registration Office (CIPRO) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 174-2010].
The Portfolio Committee on Higher Education and Training, having considered the subject of the Skills Development Levies Amendment Bill [B 25 - 2010] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendments.
The Portfolio Committee on Higher Education and Training, having considered the subject of the Higher Education Laws Amendment Bill [B 24 - 2010] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 24A - 2010].
The Portfolio Committee on Higher Education and Training, having considered the subject of the Higher Education and Training Laws Amendment Bill [B 26 - 2010] (National Assembly - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 26A - 2010].
The Portfolio Committee on Home Affairs, having considered the subject of the Births and Deaths Registration Amendment Bill [B 18 - 2010] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 18A - 2010].
The Portfolio Committee on Home Affairs, having considered the subject of the South African Citizenship Amendment Bill [B 17 - 2010] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 bill, reports the Bill with amendments [B 17A - 2010].
The Portfolio Committee on Justice and Constitutional Development, having considered the subject of the Magistrates' Courts Amendment Bill [B 23 - 2010] (National Assembly - sec 75), referred to it, and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with an amendment [B 23A - 2010].
<fn>GOV-ZA.34303299En.2012-02-10.en.txt</fn>
I, Johannes Theodorus Crouse, Registrar of Labour Relations, hereby, in terms of section I 06(28) give notice of my intention to cancel the registration of South African Professionals and General Workers Union (S.A.P.G.W.U.
The trade union and all interested parties are hereby invited to make written representations as to why the registration should not be cancelled. Only representations pertaining to this Notice will be considered. All correspondence should refer to case number: 2011/11.
Objections must be lodged to me, c/o the Department of Labour, Laboria House, 215 Schoeman Street, PRETORIA. [Postal address: Private Bag Xll7, PRETORIA, 0001-Fax No. (012) 309 4156/4595], within 60 days ofthe date ofthis notice.
<fn>GOV-ZA.34303300En.2012-02-10.en.txt</fn>
STAATSKOERANT, 20 MEl 2011 No.
AGRICULTURAL PRODUCT STANDARDS ACT, 1990 (ACT No.
The Executive Officer: Agricultural Product Standards intends to request the Minister of Agriculture, Forestry and Fisheries to publish new Regulations Relating to Dairy products and Imitation dairy products.
The proposed regulations are available for inspection and copies can be obtained from the website www.daff.gov.za, go to "Divisions", then to "Food Safety and Quality Assurance" and then to "Draft legislation for comments", or from the Executive Officer: Agricultural Product Standards, Department of Agriculture, Forestry and Fisheries, Private Bag X343, Pretoria, 0001; Telephone (012) 319-6060; Fax (012) 319· 6055; E-mail DipuoS@daff.gov.za.
Interested parties who wish to comment or make representations regarding the proposed regulations are invited to furnish such comments or representations in writing to the Executive Officer at the above contact information, not later than 30 July 2011.
<fn>GOV-ZA.34303gon439En.2012-02-10.en.txt</fn>
PLANT BREEDERS' RIGHTS ACT, 1976 (ACT No.
In terms of the provisions of the Plant Breeders' Rights Act, 1976 (Act No. 15 of 1976), it is hereby made known that all aspects of plant breeders' rights, of Wtich the particulars appear in the Sections herewith have been processed for the period Januarylo Maroh 2011.
Any objections must be submitted in writing to the Registrar of Plant Breeders' Rights within THREE months with reference to denominations, and within SIX months with reference to applications and grants from the date of publication of this issue, accompanied by the appropriate fees.
The bracketed numbers are reference to the addresses of the applicants and agents which can be found on the plant breeders' rights page, on the www.daff.agric.za website or upon request from the Plant Breeders' Rights Ollice.
Kind of plant: Ipomoea batatas (L) Lam.
Kind of plant Petunia Juss.
Application Proposed Applicant Agent Date accepted No.
Kind of plant Malus Mill.
Application Variety Grantee Agent GrantNo. Date ofGrant Expiry Date No.
Application Variety Grantee Agent Grant No. Date of Grant Expiry Date No.
Variety Grantee Agent Grant No.
Kind of plant: Malus Mill.
Agent Grant No.
Application Genus Species Vsrlety Previous Agent New Agent No.
Genus Species Common Name Variety Date Application Denomination Sunendered No.
<fn>GOV-ZA.34319311En.2012-02-10.en.txt</fn>
The Department of Rural Development and Land Reform hereby invites any interested person or body to provide comments on the draft Geomatics Profession Bill (hereinafter referred to as the Bill), as published hereunder.
The main purpose of the Bill is to provide for the transformation of the geomatics profession, to provide for the establishment of the South African Geomatics Council as a juristic person and to provide for the facilitation of accessibility to the geomatics profession. The Bill also seeks to provide for measures designed to protect the public from unethical geomatics practices and to provide for measures in order to maintain a high standard of professional conduct and integrity. The Bill, when enacted, will repeal the current Professional and Technical SuNeyors' Act, 1984.
The closing date for comments on the Bill is 21 calendar days from the date of publication of this notice in the Gazette.
To provide for the transformation of the geomatics profession; to provide for the establishment of the South African Geomatics Council as a juristic person; to provide for the facilitation of accessibility to the geomatics profession; to provide for different categories of registered persons and branches in the geomatics profession; to provide for the identification of areas of work to be performed by the different categories of registered persons; to provide for the recognition of certain voluntary associations by the Council; to provide for measures designed to protect the public from unethical geomatics practices; to provide for measures in order to maintain a high standard of professional conduct and integrity; to provide for the establishment of disciplinary mechanisms; to provide for the establishment of an Appeal Board; and to provide for matters connected therewith.
"National Qualifications Framework" (hereinafter referred to as NQF) means the National Qualifications Framework contemplated in Chapter 2 of the National Qualifications Framework Act, 2008 (Act No.
"professional land surveyor" means a person registered as a geomatics professional in terms of section 13(4)(d} in the branch of land surveying and who is authorjsed to perform work reserved for a professional land surveyor in terms of the Land Survey Act, 1997 (Act No.
"sea" means the sea as defined in section 1 of the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No.
"voluntary association" means any association, organisation, institute, institution or other body of registered persons recognised by the Council in terms of section 17.
promote environmentally responsible geomatics work . which will ensure sustainable development.
CHAPTER2 3. (1) There is hereby established a juristic person called the South African Geomatics Council.
The Council must perform the functions provided for in this Act.
The Council must, in accordance with sections 13(1)(1) (i) and 29 of the National Qualifications Framework Act, 2008 (Act No. 67 of 2008), and within 90 days from the date of its first meeting, apply to be recognised as a professional body in terms of that Act.
four geomatics professionals in the full-time employ of the State, of whom one is the Chief Surveyor-General appointed in terms of section 2 of the Land Survey Act, 1997 (Act No.
one person nominated by the Council on Higher Education referred to in section 4 of the Higher Education Act, 1997 (Act No.
at least one but not more than two persons to represent the interests of the public; and for the first term of the Council, the members referred to in subsection (2).
A maximum of five of the members of the council established in terms of section 2 of the Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984), who are nominated by that council before the repeal of that Act and taking into account the provisions of subsection (1), shall remain in office for the first term of the Council established in terms of this Act.
Persons to be considered for appointment in terms of subsection (1)(a)(ii) and (iii) must be nominated by the Directors-General or Accounting Officers of the departments referred to in that subsection or as may be prescribed.
by any other method including approaching persons directly; and in any manner as may be prescribed, and must indicate the category and branch of registered persons to be represented by such member.
particulars of his or her qualifications, experience in geomatics or related matters or skills which may make him or her suitable for appointment; and any other information that may be prescribed.
the different categories of registered persons referred to in section 13; and the need to promote representation, including gender, disability and other demographic representation.
The Minister must appoint, from the members of the Council, a chairperson, a deputy chairperson and alternate chairperson of the Council.
Subject to subsection (12), a member or an office bearer is appointed for a period of four years and, with the exception of the Chief Surveyor-General, may not serve more than two consecutive terms of office.
(1 0) The Minister must, by notice in the Gazette, publish the names of and the position held by an appointee to the Council, including alternate members, and the date on which his or her appointment takes effect.
If a vacancy in the membership or alternate membership or in an office of the CounciL octurs, the Minister may appoint, in accordance with this section, a replacement member or office bearer for the unexpired portion of the four-year period applicable to such vacancy.
The Minister may, in writing and on such conditions as he or she considers appropriate, extend the term of office of a member or alternate member or office bearer until a new Council, member or office bearer is appointed.
For every member of the Council, there must be an alternate member, nominated and appointed in the same manner and for the same term of office as the relevant member.
An alternate member must act in the place of the relevant member during such member's absence or inability to act as a member.
An alternate member may, with the concurrence of the Council, attend and participate in any other meeting of the Council where the member to whom such person is an alternate member is present, but may not vote on any matter to be considered by the Council.
is declared by a court of law to be mentally incompetent or is detained in terms of the Mental Health Care Act, 2002 (Act No.
has been determined by a court, tribunal or forum as contemplated by section 20 of the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 {Act No.
is a political office bearer at the national, provincial or municipal sphere of government; or is, in the Minister's opinion, not a fit and proper person to be appointed.
is, in the Minister's opinion, after consultation with the Council, incapable of performing his or her duties due to ill health; or has, without the leave of the Council, been absent from two or more consecutive meetings of the Council.
(a) The Council may, on such conditions as may be prescribed or as it considers appropriate, establish committees to assist it in the performance of its functions, and may appoint such of its members, registered persons and other persons as it may deem fit, to be members of such committees.
If the Council does not designate a chairperson of a committee, the committee may, at its first meeting, elect a chairperson from amongst its members.
{iii all educational, training, skills development and related matters.
{3 The provisions of section 10 apply, with the necessary changes, in respect of a committee of the Council.
ensure and promote a high standard of education and training in the geomatics sector; and advise the Minister on any matter referred to it by the Minister or on any matter it considers necessary to achieve the objects of this Act.
{1 The Council, in exercising its powers and performing its duties with regard to administrative matters must, with the concurrence of the Minister and the Minister.
with regard to education and training must consult with the relevant quality council referred to in Chapter 5 of the National Qualifications Framework Act, 2008 (Act No.
must deal with matters pertaining to education and training in consultation with the Council on Higher Education established in terms of the Higher Education Act, 1997 (Act No.
in liaison with the relevant quality council referred to in Chapter 5 of the National Qualifications Framework Act, 2008 (Act No.
with regard to finance and subject to subsection (2) of this section and sections 66 and 70 of the Public Finance Management Act, 1999 (Act No.
may do anything necessary for or incidental to the proper performance of its functions referred to in this section.
The Council must obtain the written approval of the Minister and the Minister of Finance, which approval may be granted subject to conditions, before investing funds, borrowing or lending money or entering into any lease, whether as lessor or lessee, if the period of the transaction will be longer than 12 months, and the value exceeds an amount prescribed by the Minister from time to time by publication of an appropriate notice in the Gazette; and acquiring, disposing of or encumbering immovable property, irrespective of its value.
(a) The first meeting of the Council and any future first meetings of a newly appointed Council must be held at the time and place determined by the Chief Surveyor-General in concurrence with the Minister and subsequent meetings of the· Council must be held at such times and places as determined by the Council.
(b} The first meeting of the Council and any future first meetings of a newly appointed Council must be chaired by the Chief Surveyor-General until a chairperson has been appointed as contemplated in section 4(7).
The Council must hold at least two meetings each year, but may hold such further meetings as it determines from time to time.
The chairperson may at any time on reasonable grounds and on written notice of the purpose of the meeting, convene a special meeting of the Council, to be held on a date and place that he or she determines.
{4 The chairperson must, on notice of the purpose of the meeting, convene a special meeting on request of the Minister; or at least one third of the Council members.
A special meeting requested in terms of subsection (4) must be held within 30 days after the date of receipt of the request, on a date and at a place the chairperson determines.
{6} A majority of the members of the Council constitutes a quorum at any meeting of the Council.
If within an hour after the time scheduled for a meeting, a quorum is not present, the meeting must be adjourned to a date to be determined by the chairperson, which date must not be earlier than seven days and not later than 21 days after the date of the meeting so adjourned and the members then present at the meeting, constitute a quorum.
The Council or a committee is a body of record and must keep appropriate records of its activities, including minutes of its meetings, its documents and documents submitted to or obtained by it.
Copies of the minutes of and the reports tabled at the meetings or proceedings of the Council or a committee must be forwarded to the Minister and Director~ General within 60 days after the date of each meeting or proceeding.
In the event of a deadlock, the chairperson has a casting vote in addition to a deliberative vote.
A decision taken by the Council or act performed under the authority of the Council, is not invalid by reason only of a vacancy on the Council or of the fact that a person who is not entitled to sit as a member of the Council sat as a member at the time when the decision was taken or the act was authorised, if the decision was taken or the act was authorised by the requisite majority of the members of the Council who were present at the time and entitled to sit as members.
The Minister may, after consultation with the Council and any person directly affected by a Council decision, suspend or revoke that decision on reasonable grounds and on such conditions as are just and equitable, if it is in the public interest to do so.
The Minister must, on suspending a decision of the Council and before its revocation, remit such decision to the Council for reconsideration.
The chairperson, deputy chairperson, other members of the Council. and members of committees of the Council, including members of committees who are not members of the Council itself, but excluding any member who is in the full-time service of the State, must out of the funds of the Council be paid such remuneration and allowances as the Minister, with the concurrence of the Minister of Finance, may determine from time to time.
The funds of the Council consist of money received by it in terms of the provisions of this Act and all other moneys which may accrue to it from any other source.
The Council may, in consultation with the National Treasury, establish and administer an education fund for the purpose of educating, training and providing continued education and training of registered persons and students of geomatics.
The Council must keep a full and correct account of all moneys received and expended by it.
The Council must annually prepare a statement of income and expenditure and a balance sheet showing the financial position at the close of the financial year, which statement and balance sheet must be audited by an auditor registered in terms of the Auditing Profession Act, 2005 (Act No. 26 of 2005).
A copy of the auditor's statement and balance sheet, after endorsement by the Council, must lie open for public inspection for a period of 14 days at the offices of the Council and the Council must give notice thereof to all registered persons in any manner deemed appropriate by the Council.
The Minister may, with the concurrence of the Minister of Finance, on receipt of a budgeted request and on the conditions he or she may determine, grant to the Council out of money appropriated by Parliament, such amounts as he or she con&iders necessary in order to enable the Council to carry out its functions.
and in one or more or all of the applicable branches of the geomatics profession.
A person may not practice in or perform any work, whether for reward or otherwise, which is reserved for any of the categories or branches referred to in subsection (1), unless he or she is registered in that category or branch or such practice or performance is supervised as may be required.
{ii any survey affecting the delimitation of the boundaries or the location of the beacons of any land so registered.
{3) Any person intending to be registered in a category or branch contemplated in subsection (1), must apply for registration in the manner determined in rules.
has passed a competency assessment determined by the Council.
{5) For the purposes of subsection (4)(a), (b)(i), (c)(i) and (d)(i), the Council must, in liaison with the relevant quality council referred to in Chapter 5 of the National Qualifications Framework Act, 2008 {Act No. 67 of 2008), and as contemplated in section 28 of that Act, determine which educational programmes and qualifications relating to geomatics and as registered or to be registered on the NOF by the South African Qualifications Authority in terms of that Act, would be recognised for the respective purposes of subsection (4).
{6 Only a registered person may be described in terms of the category and branch of geomatics in which he or she is registered.
{7 The Council may determine abbreviations or acronyms for the categories and branches referred to in subsection {1.
is declared by a court of law to be mentally incompetent or is detained under the Mental Health Care Act, 2002 (Act No.
has had his or her name removed from any professional register on account of misconduct and has not been reinstated; or is not, in the Council's reasonable opinion, a fit and proper person to be registered.
fails, without good reason and in the absence of an arrangement for deferred payment, to pay any amount owing to the Council on the due date or any extended date; or fails, without good reason, to comply with the prescribed requirements in respect of continuing professional development or any rule in this regard, may be cancelled in writing in terms of this section.
The Council must notify such person in writing of its intention to cancel his or her registration and request the person to submit written representations, within a specified reasonable time, indicating the reasons why the registration should not be cancelled.
If the Council is satisfied that no reasonable grounds exist for such person's registration to continue, the registration must be cancelled and the registered person notified accordingly.
The Council must, at the written request of any registered person, remove such person's name from the register, but if an investigation into an alleged improper conduct by such a registered person is in progress or is to be held, such removal must not be made until any resultant misconduct proceedings have been concluded.
A person who was previously registered in terms of section 13(4) and whose registration was cancelled in terms of subsection (1)(c); or resigned; or wishes to be registered in a different category, may apply for re-registration.
(6} If a person contemplated in subsection (5), has paid the application, registration and arrear fees, subscriptions, recovery expenses and penalties, if any, as may be determined in rules, the Council must, subject to the provisions of this Act, reregister such person in the appropriate category and/or branch.
2} If the person cannot return the certificate as required, he or she must provide written reasons, by way of an affidavit to the Registrar's satisfaction, for the inability to return the certificate.
1} The Council must consult with all voluntary associations and any person, body or industry determined by the Minister regarding the identification of certain areas of geomatics work to be reserved for registered persons, including work which may fall within the scope of any other profession.
The Minister may, upon advice from the Council after the consultation referred to in subsection 1 }, prescribe the geomatics work to be reserved for each category in respect of each branch of registered persons.
pretend to be, or in any manner hold himself or herself out or allow himself or herself to be held out as, a person registered in terms of this Act; or use the name of any registered person or any name or title referred to in section 131}.
(4} Notwithstanding the provisions of subsections (2} and (3), the Minister may prescribe certain areas of work which may be carried out by a person ·registered or lawfully appointed in terms of other legislation to carry out such work, without subjecting such person to the prohibitions contained in subsection (3}.
The provisions of this section must not be construed as prohibiting any person from performing work reserved, if such work is performed in the service of or by order of and under the direction, control, supervision of or in a formal association with a registered person entitled to perform that reserved work, on the condition that such a registered person assumes responsibility for any work so performed.
Any voluntary association which has as its main object the promotion and protection of the interests of the geomatics profession and applies its profit, if any, in promoting its main object, may apply to the Council to be recognised as a voluntary association.
The Council must, within 90 days after its first meeting, make rules in respect of the requirements and procedures for the recognition of a voluntary association.
The Council may, if the voluntary association complies with the rules made under section 30{2, recognise that association as a voluntary association and issue to it a certificate of recognition.
A certificate of recognition is valid for a period of five years from the date of issue on condition that the voluntary association continues to comply with the said rules.
A voluntary association must, at least three months prior to the expiry of its certificate of recognition, apply to the Council for the renewal thereof in the manner determined in rules.
A voluntary association whose certificate has lapsed must, on the written request of the Registrar, return the certificate to the Council within 30 days from the date upon which it is directed by the Registrar to do so, unless it provides written reasons, by way of an affidavit to the Registrar's satisfaction, for not returning the certificate.
The Council must, within 90 days from the date of its first meeting and in consultation with the Minister, prepare a code of conduct for registered persons which must be published in the Gazette.
The code of conduct may contain different provisions for different categories of registered persons.
The Council may amend the code of conduct from time to time in consultation with the Minister and any amendment must be published in the Gazette.
All registered persons must comply with the code of conduct and failure to do so constitutes misconduct.
(/) to accept personal responsibility and liability for geomatics work performed by or under the supervision, direction or control of such registered person.
accepts remuneration for the performance of work reserved for registered persons from any person other than his or her client or employer, without the prior approval of such client or employer; or fails to comply with the provisions of this Act or anything prescribed or any rule made under this Act.
The Council must appoint one or more investigating officers as it deems fit and which officers meet the criteria as may be prescribed by the Minister, to investigate any charge of improper conduct.
The Council must, as soon as is reasonably possible, when a complaint, charge or allegation of improper conduct has been brought against a registered person; or it has reasonable grounds to suspect that a registered person is guilty of improper conduct, refer the matter for investigation.
The investigating officer must at the request of the Council investigate the matter; and obtain evidence to determine whether or not in his or her opinion the person concerned should be charged or not, and if so, recommend to the Council what the appropriate charge should be.
An investigating officer may not question the registered person concerned unless the investigating officer informs that person that he or she has the right to be assisted or represented by another registered person or a legal representative; and is not obliged to make any statement and that any statement made may be used in evidence against him or her.
The investigating officer must, after the conclusion of the investigation, submit a report, together with his or her recommendations, to the Council regarding any matter referred to the Council in terms of this section.
The Council must, after considering the investigation report, charge the registered person with improper conduct if the Council is convinced that sufficient grounds exist for such a charge.
The Council must, by hand or registered mail, deliver to a registered person who is charged with misconduct, a charge sheet setting out the details and nature of the charge together with a copy of the investigation report.
that he or she may, together with the admission or denial, submit a written explanation regarding the improper conduct with which he or she is charged; and of the period, which must be reasonable, within which his. or her plea in terms of paragraph (a) and explanation in terms of paragraph (b) must be submitted to the Council.
has admitted that he or she is guilty of the charge; and the sanctions contemplated in section 23(4)(a)(i) and (ii) may be imposed in respect of such charge, find such registered person guilty, without referring the charge to a disciplinary tribunal, and impose an appropriate sanction as provided for in section 23(4).
5} The acquittal or the conviction of a registered person by a court of law on a criminal charge, is not a bar to conduct proceedings against him or her under this Act on a charge of improper conduct, even if the facts stated in the charge of improper conduct would, if proved, constitute the offence stated in the criminal charge on which he or she was acquitted or convicted or any other offence of which he or she might have been acquitted or convicted at his or her trial on the criminal charge.
The Council must appoint a disciplinary tribunal to hear a charge of improper conduct if a person charged denies the charge; or admits the charge and the sanctions contemplated in section 23(4)(a)(iii) and (iv) may be imposed in respect of such charge.
two persons with specialised knowledge of matters concerning the particular charge.
The Registrar performs the administrative functions necessary to support the functioning of a disciplinary tribunal.
{a The disciplinary tribunal may, for the purposes of a hearing, summons the person charged or subpoena any person who in its opinion may be able to give material information concerning the subject of the hearing; or who it suspects or believes has in his or her possession or custody or under his or her control any book, document or object which has any bearing on the subject of the hearing, to appear before the disciplinary tribunal at the time and place specified in the subpoena, to be questioned or to produce a book, document or object.
must be served on the subpoenaed person personally or by sending it by registered mail.
The disciplinary tribunal may retain a book, document or object produced in terms of subsection (2)(a)(ii) for the duration of the hearing.
iii} produce any book, document or object in his or her possession or custody or under his or her control, which he or she is required to produce.
6} No person may unlawfully prevent another person from complying with a subpoena or from giving evidence or producing a book, document or object which he or she is required to give or produce.
7} The law of privilege in relation to evidence, including the production of a book, document or object, as applicable in a civil proceeding in a court of law, applies with the necessary changes to a proceeding before a disciplinary tribunal.
8} A record of evidence which was presented to a tribunal in a prior hearing which is relevant to a charge before a subsequent tribunal, is admissible in a hearing before such subsequent tribunal without further evidence being led, if the chairperson of such prior tribunal certifies it to be a full and true record and that the prior proceedings were lawful and procedurally fair.
9} If the improper conduct with which the registered person is charged, amounts to an offence of which he or she has been convicted by a court of law, a certified copy of the record of his or her trial and conviction by that court is, on the identification of the registered person as the person referred to in the record, sufficient proof of the commission by him or her of that offence, unless the conviction has been set aside by a superior court.
1 0} The Minister may, in consultation with the Minister of Justice and Constitutional Development, prescribe procedures not inconsistent with this Act, for the effective performance of the functions of a disciplinary tribunal.
11} A person appearing before the disciplinary tribunal on account of a charge of improper conduct is entitled to legal representation at the hearing.
1} After the conclusion of the hearing, the disciplinary tribunal must within 30 days, decide whether or not the registered person charged, is guilty of improper conduct; and within 14 days after its decision, in writing inform the Council of its finding and the reasons therefore.
The Council must within 30 days, after receipt of the disciplinary tribunal's decision, in writing inform the registered person of the tribunal's finding; and inform the registered person of his or her right of appeal in terms of section 27.
The Council or a registered person found guilty of improper conduct in terms of this Act, may adduce evidence, including calling witnesses, to establish any aggravating or mitigating circumstances which must be considered by the disciplinary tribunal in determining an appropriate sanction.
If the registered person charged is found guilty of improper conduct, or if such person confesses during the proceedings that he or she is guilty of the offence, the disciplinary tribunal may, when informing the Council of its finding as contemplated in subsection {1)(b), recommend that the Council caution or reprimand the registered person; or impose on the registered person a fine not exceeding an amount as prescribed by the Minister in consultation with the Minister of Justice and Constitutional Development; or suspend the registration of the registered person concerned for a period not exceeding one year: or cancel the registration of the registered person concerned.
recommend more than one of the sanctions referred to in subsection (4); and order the registered person charged to pay the cost of the investigation or the disciplinary hearing.
must publish the outcome of a disciplinary hearing in its annual report and may publish it in any other manner it considers appropriate; and must instruct the Registrar to endorse the register referred to in section 8(1) (b) (ii) to record the charge, the finding of guilt and the sanction and, if applicable, the removal of the name of the registered person found guilty, from such register.
Any court with civil jurisdiction may on the application of the disciplinary tribunal or the Council, grant an order for the recovery from the registered person charged of any amount he or she failed to pay in accordance with a sanction imposed in terms of this Act, together with any interest thereon, after which the order so granted has the effect of a civil judgment of that court and must be executed in accordance with the law applicable in that court.
Three registered persons who have been practising or teaching geomatics for a period of not less than five years; and two members of the public of whom at least one person is qualified in law and has at least five years experience in the legal profession.
The Minister must appoint, from the members of the Appeal Board, a chairperson, a deputy chairperson and an alternate chairperson of the Appeal Board.
When the chairperson is unable to perform the functions of the Appeal Board, they shall be performed by the deputy chairperson or, if he or she is also unable to do so, by the alternate chairperson.
The Minister must take into account, amongst other things, the principles of transparency and representivity when members of the Appeal Board are appointed.
The provisions of section 4(4), (5), (6), (9), (11), (12), and (13)(a) and (b) apply, with the necessary changes, to the nomination of candidates, the selection of appointees, the appointment of members to the Appeal Board and the term of office for membership thereof.
The grounds contemplated in section 5(1) and (2) apply, with the necessary changes, to the appointment of persons to and the vacation of office by members of the Appeal Board, provided that a member must vacate his or her office if such member has, without leave of the chairperson of the Appeal Board, been absent from two or more consecutive sittings of the Appeal Board.
If the chairperson or deputy chairperson vacates his or her office, such vacation does not terminate his or her membership of the Appeal Board.
A decision of the majority of the members of the Appeal Board present at any meeting, constitutes a decision of the Appeal Board.
In the event of a deadlock at a hearing, the chairperson has a casting vote in addition to a deliberative vote.
The Appeal Board must conduct appeals in accordance with the procedures prescribed by the Minister in consultation with the Minister of Justice and Constitutional Development.
The Appeal Board must decide an appeal within 60 days after the appeal was lodged and inform the appellant and the Council, in writing, of its decision within 60 days after such decision has been made.
The Appeal Board must keep a record of the proceedings of every sitting held in terms of this section.
The Registrar performs the administrative functions necessary to support the functioning of the Appeal Board.
The chairperson, deputy chairperson and other members of the Appeal Board, excluding any member who is in the full-time service of the State, must out of the funds of the Council be paid such remuneration and allowances as the Minister, with the concurrence of the Minister of Finance, may determine from time to time.
a person aggrieved by a decision of the Council in terms of sections 13 or 14; or a person objecting to a rule published in terms of section 30(4).
The appeal must be lodged in the manner and upon payment of the fees determined in rules, within 30 days after the Council or disciplinary tribunal has informed the appellant of its decision or the date of publication of a rule in the Gazette and the Appeal Board must consider and decide the appeal.
uphold an appeal, and set aside or vary, such a finding, sanction, decision or rule, wholly or in part and must in writing inform the appellant and the Council of its decision and the reasons thereof; or award costs as may be just.
An appellant aggrieved by a decision of the Appeal Board may through the Registrar request the Appeal Board in writing to furnish him or her within 30 days after receipt of the request, with the Appeal Board's reasons for the decision.
The appellant may, after notice has been given to the Appeal Board, lodge an appeal with the High Court of South Africa within 30 days from the date of the decision of the Appeal Board or receipt of the reasons for the Appeal Board's decision, whichever is the later.
The Council may, after notice has been given to the Appeal Board, appeal to the High Court of South Africa against any decision of the Appeal Board in terms of section 27(3){b) or (c) within 30 days from the date of the decision of the Appeal Board.
The rules of the High Court governing appeals apply to. an appeal contemplated in this section to the extent that such rules are not inconsistent with this section.
The Council may annually, but must at least every three years, after consultation with voluntary associations and with the concurrence of the Minister and the Minister of Finance, determine guideline professional fees and publish such fees by notice in the Gazette.
The Council must, before determining the guideline fees in terms of subsection (1), publish by notice in the Gazette a draft of the proposed guideline fees, calling on interested persons to submit comments in writing within a period of not less than 30 days after such publication.
If the Council alters the proposed guideline professional fees as a result of any comment received, it needs not publish those alterations before determining the said fees.
any other procedural or administrative matter necessary to give effect to the provisions of this Act.
The Minister must, before making any regulation under subsection (1), publish a draft of the proposed regulation, repeal or amendment, by notice in the Gazette, calling on interested persons or voluntary associations to comment on the draft, in writing, within a period not less than 30 days from the date of publication of the notice.
If the Minister alters the draft regulations as a result of any comment received, he or she needs not publish those alterations before making the regulations.
the representation of any party before the Appeal Board; and matters necessary for or incidental to the exercise of the powers and performance of the functions of a disciplinary tribunal and the Appeal Board.
Before the Council makes, repeals or amends any rule under this section, it must publish by notice in the Gazette a draft of the proposed rule, repeal or amendment calling on interested persons and voluntary associations to submit comment, in writing, within a period not less than 30 days from the date of publication of the notice.
If the Council alters the draft rules as a result of any comment received, it needs not publish those alterations before making the rule.
The Council may, if circumstances necessitate the immediate publication of a rule, publish that rule by notice in the Gazette without consultation as contemplated in subsection (3): Provided that any person who objects to the said rule may comment on the rule after such publication; or appeal to the Appeal Board against such a rule.
Any register referred to or implied in this Act serves as evidence of all matters which are required to or may be entered therein in terms of this Act.
A certificate signed by the Registrar to the effect that an entry has or has not been made in a register or that any other thing by or under this Act has or has not been done, is evidence of the matters mentioned in that certificate.
A copy of an entry in a register or a document in the custody of the Registrar or an extract from a register or from any such document, certified by the Registrar, must be admitted in evidence in any disciplinary tribunal, Appeal Board or court of law hearing without further proof or production of the original.
The Minister may, if anything which is required to be done or performed in terms of this Act on or before a specified day or at a specified time or during a specified period, has not been done or performed, and the Minister is satisfied that such failure was due to an error or oversight and that it would not be to the detriment of any person affected by such failure and after that person has been informed of such failure, where applicable, authorise it to be done or performed on or before any other day or at any other time or during any other period, and anything done or performed during this period is of full force and effect and is deemed to have been lawfully done or performed in accordance with the provisions of this Act.
The Council or any member, committee or employee thereof is not liable in respect of legal proceedings in relation to an act performed in good faith in terms of this Act.
fails to perform an act; or informs the Council or any other appropriate authority of an act or failure to perform an act, by any other person, which act endangers or is likely to endanger the safety or health of the public or fellow employees, is not liable with respect to any legal proceedings in relation to a refusal, failure or information contemplated in this subsection.
Any person who was registered in terms of this Act and whose registration has been cancelled is liable for action taken against him or her while he or she was a registered person.
The Minister may delegate any of his or her powers in terms of this Act, excluding the power to appoint members of the Council and the Appeal Board and the power to make regulations, to the Director-General or any other official of the Department.
The Council may delegate any of its powers or duties in terms of this Act, excluding the power to make rules or to impose a sanction as contemplated in section 23(6)(a), to a member of the Council, a committee, the chairperson of a committee, the Registrar or any other employee of the Council.
Any person or body who contravenes the provisions of sections 13(2) or (5), 15, 16(3), 17(6) or 22(5)(b) or (c) or (6) is guilty of an offence.
Any person convicted of an offence of contravening the prov1s1ons of sections 13(2) or (5), or 16(3) is liable to a maximum fine equal to double the remuneration payable to him or her for work done during the period of such contravention or to a. maximum fine equal to the fine calculated according to the ratio determined for a period of three years imprisonment in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991).
Any person or organisation who is convicted of an offence of contravening the provisions of section 15 or 17(6) of the Act, is liable to a maximum fine equal to the fine calculated according to the ratio determined for one month's imprisonment in terms of the Adjustment of Fines Act, 1991.
Any person who is convicted of an offence of contravening the provisions of section 22(5)(b) or (c) or (6) is liable to a maximum fine equal to the fine calculated according to the ratio determined for three years imprisonment in terms of the Adjustment of Fines Act, 1991.
In addition to and independently of any criminal proceedings contemplated or instituted against a person or bodyreferred to in subsection (1), the Council may, in any court having jurisdiction, institute civil proceedings against such person or body in order to compel compliance with the relevant provisions of this Act or to interdict any contravention thereof or for any related purpose.
Any person who is not registered in terms of the provisions of this Act and who performs any work which is only to be performed by any such registered person or who pretends to be a registered person in any manner whatsoever, is guilty of an offence and liable to a maximum fine equal to the fine calculated according to the ratio determined for three years imprisonment in terms of the Adjustment of Fines Act, 1991.
Any registered person is personally responsible and liable for geomatics work performed by or under the supervision, direction or control of such person.
{8) Any present and past directors of any company that has been incorporated and registered under the Companies Act, 1973 (Act No. 61 of 1973), and past and present members of any close corporation that has been registered under the Close Corporations Act, 1984 (Act No. 69 of 1984), who performs any geomatics work referred to in this Act, are liable jointly and severally with the company or close corporation for the debts and liabilities of the company or close corporation contracted during the period of their membership of the company or close corporation.
{2) The South African Council for Professional and Technical Surveyors established by section 2 of the Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984}, continues to exist and may exercise its powers and perform its duties and functions after the commencement of this Act until the effective date, on which date that council ceases to exist.
and must, within 90 days from the date of the first meeting of the Council, be issued with the appropriate registration certificate.
From the effective date, all rights, obligations, assets and liabilities acquired or incurred by the South African Council for Technical and Professional Surveyors, vest in the Council and the Council is deemed to have acquired or incurred those rights, obligations, assets and liabilities in terms of this Act.
Any act performed, decision taken, or rule made or purported to have been so performed, taken or made in terms of the Professional and Technical Surveyors' Act, 1984, remains valid unless substituted by an act performed, decision taken or rule made under this Act and provided it is not inconsistent with the provisions of this Act.
Any notice issued or exemption granted by the Minister in terms of the Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984), remains valid unless substituted by a notice issued or exemption granted under this Act.
From the effective date, any register maintained in terms of the Professional and Technical Surveyors' Act, 1984, is incorporated in and forms part of the registers to be maintained in terms of section 8(1)(b)(ii) of this Act.
Any action taken in terms of the Professional and Technical Surveyors' Act, 1984, which is pending at the commencement date of this Act, must be finalised in terms of that Act as if it had not been repealed.
The Education Advisory Committee established by section 11 of the Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984), continues to exist and may exercise its powers and perform its duties and functions after the commencement of this Act until the Education and Training Committee referred to in section 6(2) of this Act has been established.
The laws mentioned in Schedule 1 to this Act are hereby repealed to the extent set out in the third column of the Schedule.
The laws mentioned in Schedule 2 to this Act are hereby amended to the extent set out in the third column of the Schedule.
This Act is called the Geomatics Profession Act, 2011, and comes into operation on a date fixed by the President by proclamation in the Gazette.
" 'jand surveyor' means a person registered as a professional land surveyor in terms of the [Professional and Technical Surveyors' Act, 1984 (Act No. 40 of 1984), and whose name is entered in the register referred to in section 7(4)(a) of. that Act] Geomatics Profession Act.
" 'supervise' or 'supervision"' when used in relation to a survey and the field operations by any person registered as a professional surveyor, [professional surveyor in training] geomatics technologist, or [technical surveyor] geomatics technician in terms of the [Professional and Technical Surveyors' Act 1984 (Act No. 40 of 1984)] Geomatics Profession Act. 2011.
"(1) The Minister shall, subject to section 50 and the Public Service Act, 1994 (Proclamation 103 of 1994), appoint an officer, who shall be a person registered in terms of section [20] 13 of the [Professional Technical Surveyors' Act, 1984 (Act 40 of 1984)] Geomatics Profession Act. 2011. as a geomatics professional.
"(c) three land surveyors nominated by the South African Geomatics Council [for Professional and Technical Surveyors] established by section [2] ~ of the [Professional and Technical Surveyors' Act, 1984 (Act 40 of 1984)] Geomatics Profession Act. 2011."
"(3) If the South African Geomatics Council [for Professional and Technical Surveyors] fails to nominate a member for the purposes of subsection (1)(c); or an alternate member referred to in subsection {2), the Minister shall appoint a land surveyor as a member or alternate member, and any member or alternate member so appointed shall be deemed to have been nominated in terms of subsection (1)(c) or {2) as the case maybe."
"{b) A member of the board referred to in subsection (1)(c) shall hold office for a term determined by the South African Geomatics Council [for Professional and Technical Surveyors] but not exceeding two years, but that Council may, at any time remove that member from office on grounds of misbehaviour, incapacity or incompetence."
"(5) Should a member of the board die or vacate office before the expiration of his or her term of office, the Minister or the South African Geomatics Council for Professional and Technical as the case may appoint a person to fill the vacancy for the unexpired part of the term for which the member was appointed or nominated."
[2] a of the [Professional and Technical Surveyors Act, 1984 (Act 40 of 1984)] Geomatics Profession Act.
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The SPEAKER: Hon members, before we proceed with questions, I wish to advise the House that I've received correspondence from certain Ministers, who were meant to respond to questions, indicating that they were unable to be present today. The Ministers concerned are the Minister of Co-operative Governance and Traditional Affairs and the Minister of Public Service and Administration. The Ministers have asked for the questions to stand over.
Needless to say, I'm very concerned about the fact that Ministers are not available to respond to questions. To this effect, I will raise this concern with the hon Leader of Government Business, and I'm certain that the matter will receive his speedy attention.
I have also been informed that the Minister in the Presidency: National Planning Commission is unable to attend today's sitting. The Minister of Labour will respond to questions addressed to the Minister. [Interjections.] We are not voting on the matter, hon members. [Laughter.
The first item on the Order Paper is questions addressed to the Deputy President.
Ms S V KALYAN: Speaker, may I address you on the point you have just raised?
The SPEAKER: Go ahead.
Ms S V KALYAN: Thank you. The DA echoes your concerns about the fact that Ministers are not available to answer questions. We would like to put on record that it's the third time that the Minister in The Presidency: National Planning Commission and the Minister of International Relations and Co-operation have not presented themselves before this House to answer questions. We have also been informed that the Deputy Minister of Public Service and Administration will answer questions on co-operative governance. We would like to know why that is going to happen because that particular portfolio has a Deputy Minister.
The SPEAKER: Hon member, I've said I'm going to raise the matter with the Deputy President, the Leader of Government Business, and we have expressed our collective concern. Thank you.
whether he will make a statement in this regard NO2603?
The SPEAKER: The first item on the Order Paper is questions addressed to the Deputy President. May I also repeat that members may press the "to talk" button on their desks if they wish to ask a supplementary question. The first supplementary question will go to the person who asked the initial question, and thereafter we will have three other questions. The first three that appear on my list are the ones that are going to get a green light from me. The first question has been asked by the hon M B Skosana.
The DEPUTY PRESIDENT: Hon Speaker, hon members, the three Zimbabwean political parties that comprise the inclusive government are bound by the Global Political Agreement to lead the country in a constitution-making process which, as we speak, is under way. The draft constitution will be subjected to a referendum leading to the elections.
Meanwhile, the parties have agreed to a set of measures which were negotiated among the three parties. Those measures include commissions on human rights, elections, media, land audit, anticorruption and Constitutional Amendment No 19, which gave rise to the inclusive government. These are instruments that are designed to level the political playing field. The reforms that the hon member refers to are part of the process that is already unfolding in Zimbabwe today. As South Africa we appreciate these developments which must lead to a free and fair election whose outcome will be credible and, hopefully, accepted by all parties participating in those elections. Thank you. [Applause.
Mr J J SKOSANA: Thank you, Mr Speaker, and Deputy President for the answer. In fact, my question was, to a large degree, very rhetorical. The group which insisted on this issue was the smaller faction of the Movement for Democratic Change, MDC, the one led by Prof Mutambara. I'm saying it's rhetorical because I think the Deputy President will remember that even among the powerful nations that have strong regional and global influence - that would include the United States, Russia, China, India, etc - there are those who believe in a democracy-peace proposition, which means they insist on elections before peace. And there are those who believe in the peace-democracy proposition, which means they believe that there must be stability before there can be elections.
I know that South Africa is caught up within that type of paradigm.
The SPEAKER: Hon member, your one minute is up and that was not a supplementary question; it was a supplementary statement.
Mr J J SKOSANA: Thank you, Mr Speaker.
The SPEAKER: Hon Deputy President, you may wish to respond.
The DEPUTY PRESIDENT: Hon Speaker, I think I agree with the hon member's line of analysis. Thank you.
The SPEAKER: On my screen I have the following: the hon Mokgalapa, followed by the hon Ngonyama, and the last question will go to the hon C Dudley, in that order.
Mr S MOKGALAPA: Thank you, hon Speaker. Hon Deputy President, in view of government's silence on the SADC Tribunal contravention by the Zimbabwean government, the question is: In what ways does the government regard Zimbabwe's contravention of a 2008 SADC Tribunal ruling concerning the country's land reform programme as having undermined the progress of political, social and economic reforms in Zimbabwe Thank you?
The DEPUTY PRESIDENT: Hon Mokgalapa, recently, SADC leaders met in Namibia and they - among other things - agreed to give themselves a period of six months in which to review and address the standoff between the government of Zimbabwe and the regional tribunal. So we hope that, within these six months, an amicable solution will be found to these problems. Thank you.
Mr L S NGONYAMA: Hon Speaker, recognising that perception in politics is everything, can the Deputy President explain to this House how it is possible for the ANC-led government to be regarded as an impartial and honest broker when structures of the ANC are publicly pronouncing support for Zanu-PF I thank you?
The DEPUTY PRESIDENT: Thank you very much, hon Ngonyama. The role that South Africa plays as an honest broker and facilitator of the dialogue in Zimbabwe is one that is not at party-political level, but at government level. So, the government of South Africa is regarded as neutral because it relates to all parties in Zimbabwe. What NGOs do in their party-to-party relations has no impact on how the South African government is regarded. Thank you. [Applause.
Ms C DUDLEY: Thank you, hon Speaker. Hon Deputy President, does government agree with Zanu-PF's assessment of the reason for economic failure and the stumbling block to reforms in Zimbabwe as being due to the shopping sanctions which have been externally placed on the elite If so, how does government see the lifting of those sanctions benefiting the people of Zimbabwe and bringing reform If not, what is government's view with regard to this matter Thank you?
The DEPUTY PRESIDENT: Thank you, hon Dudley. The government's view is that the problems of Zimbabwe cannot be solely attributed to the tastes of Ministers in Zimbabwe. However, the smart sanctions, so-called, affect free flow of capital and goods into Zimbabwe. It is really the view of the government that the process of dialogue in Zimbabwe - which is all-inclusive of all parties, including the MDC in its two forms - has called for these sanctions to be lifted precisely because we think Zimbabwe is on the right path towards recovery. We think that these sanctions retard progress that would otherwise be achieved so that the situation in Zimbabwe normalises or is normalised as soon as possible. That's the view of our government and that is why, together with SADC and the African union, AU, we have called upon the European Union, the United Kingdom, UK, as well as the US to reconsider their position regarding these smart sanctions. Thank you.
Whether the Government, in its war on poverty, has (a) launched any investigation into and (b) taken any steps to help the growing number of poor white people; if not, why not, in each case; if so, what are the relevant details in each case NO2540?
The DEPUTY PRESIDENT: Hon speaker, hon members, and hon Mulder, this government is engaged in a war on poverty in our country regardless of the race or religion of the people affected. The way the war on poverty works is that the poorest wards in our country have been identified using Statistics SA's Provincial Poverty Index. Since the unit of intervention is the household, every household and family that lives in these targeted poor wards across South Africa is thus eligible for all government service interventions, irrespective of race, religion, social or political persuasion.
So, to reiterate, government attends to the needs of all its citizens regardless of their race. Poor white people are as entitled to government services as any other race group of our nation. Basic services are a constitutional right and the war on poverty uses a needs-based approach to service delivery co-ordination.
Government actively discourages a return to the old dispensation where skin colour was the sole determinant of access to social services, as well as the quality thereof. As President Jacob Zuma said when visiting the poor white community of Bethlehem earlier this year, this government is determined to fight and eradicate poverty in every community and every corner of this society. Our efforts in this regard will not be driven by considerations of race, colour or creed. It is therefore important that the fight to eradicate poverty becomes not just a government fight. It should be a fight in which South Africans from all walks of life collectively come together to wage and win this war. I thank you.
Dr C P MULDER: Thank you, Mr Speaker and thank you, Deputy President, for your answer. It is exactly what I expected. However, as far as I am concerned, it is not necessarily what we are experiencing in practice out there, and that is what I want to take up with you.
The fact of the matter is that President Zuma visited an area around Pretoria called Wesmoot on 30 March. The President undertook to do certain investigations into the problems the people face there. It is now five months after the visit, and we have had nothing and no reply back from the Presidency. In that specific area, there are 5 000 whites living in informal housing; and in and around Pretoria, there are now more than 70 informal settlements where whites are residing.
The Bureau of Market Research indicated that there are more than 650 000 whites, 16 years and older, that have no income whatsoever. According to the Institute of Race Relations, there has been an increase of more than 95% in white poverty, and we have more than 430 000 poor whites at this stage.
The President says that government does not make any distinction, but in practice we see something different. There are certain projects where government departments get involved, like Social Development and Agriculture, for example, in Limpopo. But we are not aware of any projects from government's side in terms of what we experience in respect of white poverty.
Arising out of the hon Deputy President's reply, my question, basically, was whether the government is prepared to investigate this issue because it is becoming more and more serious. I want to ask again: Is government prepared that we investigate this issue and see what the actual facts are Thank you?
The DEPUTY PRESIDENT: Thank you, hon Speaker. Hon Mulder, as I said, we follow Statistics SA's Provincial Poverty Index. Just to illustrate the point that I am making, outside Kroonstad in the Free State, there is an old township called Marabastad. This is a very, very old township. When I visited the area last year, the houses there were disintegrating. I am happy to share with you that there are RDP houses that are being constructed in the area, and homeless white families, 74 of them from Kroonstad, are being allocated houses there and have accepted taking ownership of those houses.
That indicates, in practical terms, that these services are not meant for only one race group, but we follow Statistics SA's Provincial Poverty Index. If there are people who are poor and deserving of this intervention in a particular area or town, that happens to them as well because the target is the household. And in each household we try to identify change agents.
Tomorrow and on Saturday, I will be going to Plettenberg Bay and Bitou with the Premier of the Western Cape to do exactly the same thing. We go from household to household to establish whether we can assist the families to free them from this grip of poverty. I thank you.
Mr J H VAN DER MERWE: Mhlonishwa Somlomo, namhlanje sifuna ukukhuluma isiBhunu. [Hon Speaker, we want to speak Afrikaans today.
Meneer die Speaker, armoede is 'n verskynsel wat nie kleur ken nie. Ek wil met die agb adjunkpresident saamstem. Hy ken nie kleur nie. Ons is almal arm of ryk. Ek wil ook met dr Mulder saamstem, dat daar iets aan wit armoede gedoen moet word. Terwyl ons vandag oor wit armoede praat, kom ons bespreek dit deeglik. Ons praat baie keer oor armoede oor die algemeen, maar om te dink dat daar 'n 150% groei in Afrikaner armoede die afgelope klompie jare was en dat daar omtrent 600 000 arm blankes is skokkend. Ek wil ook sê dat daar rondom Pretoria 77 plakkerskampe is en landswyd is daar 470 blanke plakkerskampe.
As 'n mens daarna kyk, mnr die Speaker, dan het jy pyn in jou hart oor hierdie armoede. Daarom doen ons 'n beroep op die regering om ook te kyk na wit armoede.
Ek wil afsluit deur te sê ons bring hulde aan die vakunie Solidariteit, wat 'n spesiale afdeling, die Helpende Hand, het. Hulle reik die hand uit na wit armoede toe, onder andere, en hulle verdien ons groot dank en waardering vir die goeie werk wat hulle doen om armoede te bestry. (Translation of Afrikaans paragraphs follows.
Mr Speaker, poverty is a phenomenon that doesn't know colour. I want to concur with the hon Deputy President. It doesn't know colour. We are all rich or poor. I also want to agree with Dr Mulder that something should be done about white poverty. While we are talking about white poverty, let us discuss it properly. We often talk about poverty in general, but to think that there has been an increase of over 150% in Afrikaner poverty over the past few years, and that there are about 600 000 poor whites, is shocking. I also want to add that there are 77 squatter camps around Pretoria and countrywide there are 470 white squatter camps.
Looking at it, Mr Speaker, one feels pain in one's heart about this poverty. That is why we are appealing to the government to take a look at white poverty as well.
I want to conclude by saying that we pay tribute to the trade union Solidarity, which has a special section called the Helping Hand. Their hand has been reaching out to white poverty, among others, and they deserve our thanks and appreciation for the good work that is being done by them in combating poverty.
The DEPUTY PRESIDENT: Thank you very much, hon Speaker and hon Van der Merwe. As I have stated, there is no barrier based on skin colour with regard to these interventions, whatsoever. The fact that we follow Statistics SA's Provincial Poverty Index simply means that we have not been able to go to those areas, but there is absolutely no barrier to these communities accessing similar interventions, even now. What really needs to happen is that these communities have got to apply for RDP houses if, for instance, they are squatting, and so on, and those would be provided.
If they can afford rental stock, the Minister of Human Settlements will be able to ensure that they are included on the list of those who do not quite qualify for RDP houses and bonds from the banks. The Minister of Human Settlements is targeting precisely that category of people in that gap market. However, if they have absolutely no income stream, they apply for RDP houses. As I said, in Marabastad in Kroonstad, 74 of them have done so and are being allocated houses. Thank you.
Ms C M P KOTSI: Thank you, Speaker. Hon Deputy President, I fully agree with you that it is not only poverty of the white people that has to be taken into account, but that of all our people in South Africa. The key question should be whether any steps have been taken to help the growing number of all the people, given that the gap of South Africa's Gini coefficient continues to widen and is at 0.679 at present. The other issue is that 40% of the population lives in the rural areas. Out of that, only 10% is economically active. What strategy is there in terms of closing this gap and dealing with the 30% that is not economically active Thank you?
The DEPUTY PRESIDENT: Thank you very much, hon Kotsi. The growth path deals precisely with the issues that you are raising, and the Minister of Economic Development has worked out a detailed manner in which we will be able to address this challenge of the widening gap between the affluent section of the South African population and the poorest of the poor. The point, however, is that wherever we find poverty, we should be able to tackle it. At the moment, we, as it were, freeze poverty through the various social grants and other government assistance. The idea is to empower household members, particularly with education and skills, so that this poverty is not transmitted from one generation to the next. So, that is the kind of intervention we are looking at. Thank you.
Mrs H LAMOELA: Speaker, hon Deputy President, poverty affects everyone in South Africa; it knows no boundaries. It is a disgrace that a party in the ANC government has racialised poverty in their question to you. For the record, the DA wants to eradicate poverty in the country. No person or individual should suffer the indignity of poverty. Only through job creation can we solve this problem. One way of stimulating job growth in our country is through wage subsidies. My question then is: When will the ANC government implement such wage subsidies I thank you?
The DEPUTY PRESIDENT: Thank you, hon Speaker. Hon members, the most effective way of addressing poverty in the country is really to provide bulk economic and social infrastructure because the [Interjections.] Let me finish here.
The SPEAKER: Order! hon members. You ask a question and expect answers. Before they answer, you interject! Order!
The DEPUTY PRESIDENT: Thank you very much, Speaker, for protecting me. I was just developing the point that, for as long as the physical infrastructure - whether one is in a plane or on the ground - says we have two nations in one country, that is the affluent nation and the poor nation, so shall our fault lines ever be yawning. And that why it is important to ensure that, first and foremost, all South Africans have tarred streets, waterborne sewer systems, potable water, and electricity. After that, we would be able to unleash and harness the energies of our people to address the problem of youth unemployment, and so on.
The interventions that the Ministry of Defence and Military Veterans is initiating to address unemployed youth would make merely a dent in the total of 2,8 million youth up to the age of 24 that are without jobs, not in training or at any college, and so on.
Earlier this year, the Minister of Finance announced that, as government, we would be prepared to consider subsidising the earnings of young people who have skills and qualifications but lack experience. This will enable young people to gain that requisite experience and be in a position to be employable. They also get caught between a rock and a hard place because companies stipulate experience as a requirement, which they do not have and cannot have unless they are given the opportunity and privilege to serve, even at subsidised earnings.
This was met with protestations from organised labour, but that does not mean that is the last word on this matter. As government, we are still committed to ensuring that we address this matter and implement what the Minister of Finance announced. We are quite committed because, if we did not do that, this youth would forever remain on the margins. It is important for us to get them. The economy needs them and their skills. It is important that we take that [Time expired.
Following the successful hosting of the 2010 Fifa World Cup Soccer tournament, what steps will the Government take to prolong the unity of the nation, with particular focus on the needs of poor people NO2610?
The DEPUTY PRESIDENT: Speaker and hon members, as we heard in the debate in this Chamber yesterday, the South African government was inspired by the enthusiasm displayed by the people of this country, from all races and walks of life, in the build-up to and throughout the course of the 2010 Fifa World Cup.
To capitalise on the positive mood that prevailed in the run-up and throughout the event, the South African government is in liaison with the International Marketing Council to conceptualise a programme aimed at building on the enthusiasm of South Africans which was expressed in their cohesion as a nation, united under a common flag and anthem. This programme will seek to develop and entrench a national brand of ubuntu, unity through our diversity, innovation and creativity, and of possibilities. A campaign has already been developed and will be launched within the next few weeks.
In addition, government supports other initiatives by the private sector, which are currently under way, that encourage South Africans to build on this spirit even after the 2010 Fifa Soccer World Cup. Some private businesses continue to infuse the flying of the national flag in their campaigns, and we encourage others to do likewise.
We have seen the flying of the flag in the last few days, especially in the build-up to and during the friendly match between our national football team, Bafana Bafana, and their Ghanaian counterparts, the Black Stars, on 11 August 2010. Thank you.
Mr G W KOORNHOF: Thank you, Deputy President, for the reply and the steps that you've outlined. Apart from gaining the admiration of the world in staging this very successful event, the 2010 Fifa Soccer World Cup has demonstrated that there is a need and, indeed, a willingness to reach out to one another and work together. As a matter of fact, the 2010 Fifa Soccer World Cup reiterated the motto on our coat of arms: Diverse People Unite.
My question to the Deputy President is: Shouldn't we consider capturing and institutionalising this growth in unity that we have demonstrated by, for instance, establishing a task team in the Presidency within the National Planning Commission Such a task group can, for instance, identify areas such as sport, education, housing, peace and security, and even tourism in different spheres of government to include all role-players and, especially, to focus on the needs of the poor people because this is where our challenge lies. Thank you?
The DEPUTY PRESIDENT: Hon Koornhof, the idea of establishing a special task team in the National Planning Commission has not been entertained by Cabinet, and it is an idea, perhaps, that you've planted now. I would just like to say that the lessons of the 2010 Fifa Soccer World Cup will not be lost to government because, in preparing for the 2010 Fifa Soccer World Cup, we were able to work within very tight timeframes and to have interspherical co-ordination from national down to host city level, which is local government.
We believe that need we to identify major projects that are catalytic. For example, if we were to say that our next "Fifa World Cup" is to provide poor communities in rural areas and in the townships with bulk economic and social infrastructure so that, as I said, none of our people should be without access to potable water, proper sanitation and an environment that is liveable. If we were to do that and tackle it in the same spirit by harnessing the available talent in the country from engineers, and so on, I think we would enhance our chances of cementing the unity of our nation.
The fact is that the Bulls were able to take the semi-final and final of the Super 14 rugby tournament to Orlando Stadium and, whilst there, then had the privilege of interacting with Sowetans. In Pretoria, a pint of beer costs R25. In Soweto, two quarts of beer cost R30. So, they were very happy, and I think that we can have integration. [Laughter.] We can really have national unity. Our people can live cheek by jowl, and we will be a truly happy nation, if the infrastructure is there. One of the things that cause people to migrate away from the depressed areas is absence of infrastructure. Thank you.
Mr T D LEE: Mr Deputy President, for a short while during the 2010 Fifa Soccer World Cup, South Africans were a very happy family, and South Africa was a very happy place, even for the poor. Why was that, Mr Deputy President It was because we delivered on time for Fifa. We did everything to please Fifa. We were determined to meet their deadlines. Now, Mr Deputy President, my question to you is: When will the government start showing the same determination to expedite the delivery of services to the poor on time again When and why don't we stick to timeframes when it comes to the poor The poor people of this country are becoming restive again. Thank you?
The DEPUTY PRESIDENT: Hon Lee, I couldn't agree with you more that this is what we should do. This is a very important lesson that we need to draw from the experience of hosting the 2010 Fifa Soccer World Cup. There are all of these concurrent competencies, and so on. We need to cut across that administrative and bureaucratic need to account and ensure that we process matters within the shortest possible time and also look at the quality of the projects and what is being delivered.
This weekend I spent time in a place called Namibia in Mangaung, Free State. It is called Namibia, but it is in Mangaung. We're a wonderful country. [Laughter.] A place that used to be an informal settlement is now formalised. There are RDP houses, and the people there are happy. They said to me that their experience of the new sewer system that they have is that they get rain from the ground and not from the heavens because the sewer system blocks. It does so because the pipes used are narrow.
The contract was given and the civil engineering company laid out the sewer system, the pipes, and so on, but cut costs by utilising narrow pipes. It is very clear that they are already blocking today. In the next 10 years when the population density increases, it would be a disaster.
So, the province has to pull all of that out and replace it with pipes of a better quality. That is a lesson that, for every major project, we must have a team that monitors from day one that those who have won the contract deliver in accordance with specifications. That is what we need to do. Of course, as Premier Zille indicated here yesterday, the time taken to process simple applications is just too inordinate for us to be efficient. We need to address those bottlenecks. Thank you.
Mr S N SWART: Speaker, arising from the Deputy President's reply, would the Deputy President agree that there is a duty upon all leaders and politicians to continue with nation-building, particularly by avoiding making inflammatory and ill-considered statements which do irreparable harm to the cause of nation-building in the country Deputy President, was it not noteworthy that during the successful 2010 Fifa Soccer World Cup, the normally strident voices of certain politicians and leaders were more constrained and constructive, including the silence of a prominent youth league president Should we not all learn from that process as we contribute It is not what we say, but how we say it. Thank you, Deputy President?
The DEPUTY PRESIDENT: Hon Swart, I agree with you that it is our duty and responsibility, all of us, to contribute towards nation-building, but, of course, we are who we are. Life would be very dull if we were all the same. In a manner of speaking, there are people who speak with a bit more exuberance. So, we must also learn how to live with such people here. Thank you. [Applause.
Mr P D DEXTER: Deputy President, we all agree that the 2010 Fifa Soccer World Cup was a success at many levels, and it taught us many important lessons as a country. One of the most important of these was that we, as a country, performed beyond everybody's expectations when we had very tight and specific deadlines and targets to meet. Are we now setting deadlines for key performance areas in respect of achieving national unity and driving this from the highest office in the land If so, what are some of the key areas that have been identified?
The DEPUTY PRESIDENT: Hon Dexter, yes there are outcomes that the President has agreed to with his Ministers, and contracts have been signed to that end. But the process of nation-building is an ongoing process; it's not something that would simply admit to strict timeframes. When the Bulls go to Soweto, for instance, that's a major contribution. It conveys, in a very practical way, a more positive message than what you and I can manage in a rally.
Therefore we have to take the contributions of all sections of society towards unity of South Africans as an important matter. Those of us who have public platforms as public representatives and as leaders must utilise these public platforms to convey this message of unity of our people all the time. Even as we differ or as we expose one another's weaknesses, we must not forget to slide in the message that our people need to be united all the time. I think that is a task that we must all carry. Thank you.
Whether, in light of his speech at the Regenesys graduation ceremony on 4 August 2010, he has taken any steps to establish a code of ethics for both business and politics; if not, why not; if so, (a) who are the drafters of the code and (b)(i) how will the code be enforced and (ii) by whom will it be enforced NO2536?
The DEPUTY PRESIDENT: Thank you very much, hon Speaker. Hon Rev Meshoe, at the Regenesys graduation ceremony to which you refer, I was addressing young management and leadership graduates. I encouraged them, as the leaders of tomorrow, to always engage in good governance practice, whether they are located in the private or public sectors.
I further conveyed that for any society to thrive, especially for the benefit of the poor, it has to have in place moderating mechanisms, plus checks and balances, because the system by its nature is imperfect. As the member should be aware, there are a number of initiatives and instruments, like the King Code, that promote ethical dealings by the business sector. Unless gaps are identified in these measures, among others, there is no need for further codes.
As for codes of ethics for politics, as the hon member is aware, there is the Executive Members' Ethics Act, which was passed by this House; the Code of Conduct for Members of Parliament, which is implemented by the Joint Ethics Committee of Parliament; as well as codes for Members of Provincial Legislatures and municipal councils. Unless otherwise determined by Parliament, there is no need for new codes.
However, hon member, let me reiterate that it is not so much the content of the existing codes - whether they be in the business or political spheres - but rather the adherence to and enforcement of these codes that is important. Thank you. [Applause.
Ms C DUDLEY: Hon Speaker, I give Rev Meshoe's apologies. He couldn't be here due to unforeseen circumstances. Thank you for your gracious response, hon Deputy President. I will pass the information on to the hon Rev Kenneth Meshoe.
The ACDP appreciates all efforts promoting ethical behaviour in government and society in general. Having had the opportunity to read your speech now, I have been inspired and encouraged.
Cowardice asks the question: Is it safe Expediency asks the question: Is it politic. But conscience asks the question: Is it right And there comes a time when one must take a position that is neither safe, nor politic, nor popular, but because conscience tells one it is right?
Mr M SWART: Thank you, Mr Speaker.
Each organisation and institution has an ethical culture which separates what is just and good from the bad and unjust.
We see a direct link in the practice of ethical leadership and transparent and representative governance.
We, in the DA, agree with the sentiments you expressed, but we would like to know from you, Mr Deputy President: How do you reconcile these statements about ethics, transparency and governance with the fact that the ANC continues to do business with government through its company, Chancellor House?
The DEPUTY PRESIDENT: Hon Swart, with regard to the ANC and Chancellor House story, Chancellor House does not do business with government. Chancellor House bought a stake in a company called Hitachi Power Africa. It is Hitachi Power Africa that won a contract to supply boilers to Eskom. That is the closest, closest, closest link between Chancellor House and any government institution. It is the closest. Besides that, there is none. Chancellor House does not chase after government contracts at all. Thank you. [Applause.
Mr N SINGH: Thank you, hon Speaker. Hon Deputy President, you have referred to various pieces of legislation that would in effect promote an ethical code of conduct for both business and politics. However, in the recent past, we have had incidents of either senior Cabinet Ministers or directors-general or senior government officials either resigning from government or leaving government and, within a short space of time, joining companies which do business with government.
Would the hon Deputy President, in looking at the code of ethics, promote a cooling-off period where hon Cabinet Ministers or senior government officials do not involve themselves in business with companies for a period of 12 months or so, or any period that may be determined Thank you?
The DEPUTY PRESIDENT: Thank you very much, hon Singh. Yes, indeed, there should be a cooling-off period because it would not be correct for any senior politician or manager to prepare ground and then move outside to collect what they would have prepared whilst in government. I think a cooling-off period is very important, and that ought to be followed.
However, of course, you will also take into account the fact that, normally, people are employed as senior managers in government departments either in accordance with their skills or in accordance with what they would have qualified for. When they then leave the Public Service, it is natural that they would also operate in the same space precisely because of their strong points, and so on. So, we also have to accept that such things will happen. However, a cooling-off period is definitely a necessity; I agree with you. Thank you.
Ms J D KILIAN: Speaker, the Deputy President has indicated that he believes that what Chancellor House is doing is okay because it has a specific interest in Hitachi, and is not directly doing business with government. Yet, the hon Deputy President must be aware that there are some other contracts - very controversial contracts - that have been awarded, and in respect of which the Public Protector has actually found that there are transgressions in the one instance, more so on the pronouncements made by the hon Minister of Communications.
In the other case, it was actually a saviour for the particular senior ANC politician who is the owner of SGL Engineering that municipal records could not really prove to the Public Protector what business he engaged in with local authorities. Can I just ask him whether he will assure us in this House today that government will close all those avenues within the codes of ethics, and implement very firm cooling-off periods so that we can avert the current insider trading that is taking place between senior officials and government Thank you?
The DEPUTY PRESIDENT: Hon Kilian is now raising issues about business activities of members of the ANC, rather than Chancellor House. I want us to be clear about that. These are now individual members of the ANC who are in business, or who have interests in business entities. That is a very grey area for the simple reason that South Africans have a right to partake in the economy of the country without exception.
At certain times, the relatives, or individuals, or friends, or acquaintances of people who hold political office are reduced to automatons that have no lives, skills, and experience of their own. They are regarded as people who can only benefit from the fact that they are blood relatives or friends to political office bearers. This is a very difficult area. I would like us to look at it in a just manner which also takes into account that individuals grow differently. Even if people are born of the same mother, they may pursue completely different paths as they develop. Then later, by virtue of having someone in the family or within your circle of friends who is a political office bearer, you are debarred from all other activities.
I think it is a bit of a challenge. I do know that perhaps what should be helpful in such instances is that - and I don't think this would be a difficulty, although it's a prejudice, but it may be helpful - where such individuals who are relatives of prominent office bearers succeed in life, in one way or the other, there should be a body - perhaps the Public Protector or somebody like that - that will be allowed to check whether or not something untoward has happened. If something untoward has happened, then we take steps to correct it. If there has been undue facilitation, it must not be allowed.
However, when people succeed on merit, of their own volition and on their own initiative, and if they are cleared by a body such as the Public Protector, then there should be no insinuations and innuendos. Even though, on the one hand, we want to fight against corruption - which is a serious problem - on the other hand, if everything is called corruption, then that is a problem.
For example, I have seen my name attached to somebody who was a member of the trade union when I was the general secretary. People raised concerns that this person and the Deputy President were in the same union at some point. Bear in mind that the person in question has been in business for many years, and so on. I am just saying that there are those kinds of things that do not help us to zero in on the nub of the problem.
What we should be dealing with is how we shall ensure that there is no undue manipulation and influence of processes, so that the law or tender processes apply, and people have equal access to these. I think that is the issue that we must look into. Thank you. [Applause.
Whether, with reference to his reply to question 1248 on 13 May 2010, any progress has been made since May 2010 in finalising the anti-corruption strategic plan; if not, why not; if so, why has it not been completed in view of the fight against crime and corruption being one of the Government's twelve priority outcomes NO2532?
Hon Speaker, the anti-corruption interministerial committee has been established by Cabinet. Its main focus of work includes the following: to ensure a co-ordinated approach to fight corruption; to promote policy coherence and alignment on cross-cutting anticorruption programmes of government; to develop or enhance technical measures to curb corruption in both the public and private sector; to review procurement processes to prevent corrupt practices; to advise on weaknesses in the criminal justice system and how these would be addressed so as to ensure efficient prosecution; to ensure political co-ordination of anticorruption efforts in the international arena; to identify areas which may need to be prioritised; and to review current measures to improve on effectiveness and co-ordination.
The Cabinet didn't think it was necessary for us to have a strategic plan, but rather indicated that what we need is action which is going to bring results as speedily as possible. Therefore, no strategic plan is being developed.
The LEADER OF THE OPPOSITION: Minister, in the light of the fact that you say government is not going to have a strategic plan and that they want to be results-driven with regard to eradicating corruption; the recent embarrassing exposés that implicated the governing party, its affiliates and high-profile individuals in the abuse of political office for financial gain; and this week's comments by the ANC spokesperson, Mr Jackson Mthembu, that "the ANC's democratic government has made it fashionable to fight corruption"; my question is as follows: Is the governing party prepared to support the recently tabled Private Member's Bill that seeks to ban political parties from tendering and contracting with government If not, why not?
The MINISTER IN THE PRESIDENCY - PERFORMANCE MONITORING AND EVALUATION, AS WELL AS ADMINISTRATION IN THE PRESIDENCY: Obviously, I can't answer for the political party. Political parties have their own spokespersons or Chief Whips in Parliament to deal with these matters. [Applause.] The Bill, which I suppose is a Private Member's Bill, will undergo appropriate processes, and parties will discuss what will happen to it. I can't comment on behalf of political parties sitting here in Parliament. They have Chief Whips and leaders of political parties who can do that well. Thank you.
Mr N SINGH: Hon Minister, I would like to know if your office is going to investigate the number of cases that are outstanding for disciplinary and corruption practices by departmental officials because in the committee I serve we are told, on a regular basis, that there are cases which are not finalised in good time. Some of the departments are not aggressive in pursuing either disciplinary or criminal proceedings against officials who are allegedly corrupt. I want to know if your Ministry would take this forward.
The MINISTER IN THE PRESIDENCY - PERFORMANCE MONITORING AND EVALUATION, AS WELL AS ADMINISTRATION IN THE PRESIDENCY: If there are processes which are not moving with speed, they will be dealt with through another process, not this one. I have indicated the tasks of this committee.
However, we do interact with state agencies which deal with various cases. It is not our job to investigate. We ensure that those who are tasked with doing the job do it speedily and according to law. Thank you.
The LEADER OF THE OPPOSITION: Hon Minister, if you say that there is no need for a strategic plan to combat corruption, and that you are going to be result-oriented, how then do you determine what those results are How do you embark on achieving the results that you want to achieve in eradicating corruption if there is no plan?
The MINISTER IN THE PRESIDENCY - PERFORMANCE MONITORING AND EVALUATION, AS WELL AS ADMINISTRATION IN THE PRESIDENCY: The hon member would remember that the issue of corruption falls within various areas of work of various institutions - the Police, the Public Service Commission, the Public Protector and everybody else. It doesn't help us to develop more and more documents. What we need is an effective mechanism and the unlocking of bottlenecks which make it impossible for agencies to perform their work. That is what we are going to do, and that is how we are going to judge progress with regard to that work. Thank you. [Applause.
Ms J C MOLOI-MOROPA: Chairperson, in the light of a number of strategies and ways of co-ordinating and combating corruption, can the Minister clarify to us if there is a time when government will take an approach of co-ordinating all activities, efforts, policies and strategies put in place to ensure that we deal with this problem of corruption that is facing us?
The MINISTER IN THE PRESIDENCY: PERFORMANCE MONITORING AND EVALUATION, AS WELL AS ADMINISTRATION IN THE PRESIDENCY: In my response to the principal question, I indicated that one of the tasks we are busy with is to review the current measures to improve on their effectiveness and co-ordination. Therefore, definitely, that is part of the work which we are doing to ensure that there is better co-ordination of anticorruption efforts by all agencies responsible for various aspects of the corruption sphere.
How many advisors have been appointed in the Presidency, (b) what are the relevant details of (i) their salaries and (ii) their contracts and (c) what role does each fulfil NO2521?
The MINISTER IN THE PRESIDENCY - PERFORMANCE MONITORING AND EVALUATION, AS WELL AS ADMINISTRATION IN THE PRESIDENCY: Chairperson, the answer to the first part of the question is 12. To the second part the answer is as follows: eight advisors are to the President; one to the Deputy President; two to performance, monitoring and evaluation; and one to the National Planning Commission.
With regard to details of the expenditure and salaries, salaries are determined according regulations and they total to about R11 552 530 per annum. Their contracts are for the term of office of the principals, unless they are predetermined for earlier exit. Three of the advisors are seconded from various government institutions and departments. Four deal with special advisors work which is related to the offices they serve. One is for international relations. One is a legal advisor, one a political advisor, one an economic advisor, one a special envoy, one an advisor on communication, one on governance and one on security.
Mr N SINGH: Chairperson, it is difficult to absorb the answer, especially as we don't have it in written form. However, what I would like the hon Minister to answer is: Is he aware whether these advisors have performance agreements that they signed with the principal officers, and is it necessary, with the extended Cabinet we have, that there be eight advisors to the President Thank you?
The MINISTER IN THE PRESIDENCY - PERFORMANCE MONITORING AND EVALUATION, AS WELL AS ADMINISTRATION IN THE PRESIDENCY: Hon Singh, with regard to your earlier comment, I can't help it; it is the nature of the question. If the question is asked in such a manner that you need that many details, then there is nothing I can do except to provide those details. If you don't follow, you cannot blame me for that.
As to whether it is necessary for the President to have so many advisors, I don't know of any President in the world who does not have advisors on the various fields. You cannot specialise in everything. You need to have the best advice with regard to the various works the President has to perform. We think that the advisors are adequate. Sometimes there are areas on which the President may often need advice, which, as you can see, are not necessarily covered.
With regard to the question whether they have performance agreements, my reply is: Not as far as I know. Advisors work in a special way, but there are no performance agreements - at least in my case. I don't know about others; I have not been able to check that. Thank you.
The LEADER OF THE OPPOSITION: Hon Minister, my figures indicate that R7 million would be spent on paying advisors to the President in the 2010-11 financial year. However, I have it on very good authority from you that it is R11 million. Seeing that the President's supplementary advice comes with a price tag of R11 million, which is R8 million more than we paid in the previous year, and the President's transgression of the executive ethics code is handled, in part, by his own private attorney, Mr Michael Hulley, at the cost of the state, instead of one of the legal advisors currently employed by the state to supply supplementary legal advice to the President, why did the Presidency deem it necessary to get additional legal support when he has all the existing advice, a cost of at R11 million to the state?
The MINISTER IN THE PRESIDENCY - PERFORMANCE MONITORING AND EVALUATION, AS WELL AS ADMINISTRATION IN THE PRESIDENCY: I thought the question was to the Presidency and not the President. That is why my figures will differ from yours. You might be referring to advice to the President while I encompassed everybody who works in the Presidency. I think that is the difference.
With regard to the question of why do we need further legal advice whereas we have legal advisors; you would know that, normally, you source out a particular legal advice if the services you have are not adequate. I think you know that one cannot always have adequate legal advice. [Interjections.] For example, when you seek legal a opinion, you don't necessarily depend on what you have, but you have to seek a legal opinion from elsewhere as well. Therefore, I don't see anything strange in seeking additional legal advice with regard to matters you are dealing with, even if you have the services. [Interjections.
Whether she has any plans to compel departments to comply with legislation regarding the employment of persons with disabilities; if not, why not; if so, what are the relevant details NO2512?
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Chairperson and hon members, the Employment Equity Act of 1998 outlaws discrimination of any kind in the workplace, and promotes equal opportunities for all workers in the workplace. In 1995, the South African government adopted the White Paper on the Transformation of the Public Service that outlined government's commitment to achieve a minimum of 2% representation of persons with disabilities in the Public Service by 2005.
However, as at December 2005, persons with disabilities constituted a mere 0,16% of Public Service personnel, which was well below the set target according to the Nedlac. For the period of 2008 to 2009, there were 2 410 employees with disabilities in the Public Service workplace out of a total number of more than 1,2 million, which translates to only 0,2%.
For the period of 2009 to 2010, there were only 2 838 employees with disabilities in the Public Service workplace, out of a total number of more than 1,91 million, which translates to only 0,24% representation of persons with disabilities. These statistics are available from the Public Service Commission report of 2008 and 2009.
In order to compel departments to comply with legislation regarding the employment of persons with disabilities, the Ministry for Women, Children and Persons with Disabilities is conducting oversight of the implementation of the employment of persons with disabilities. The department commits to take appropriate measures in reviewing current legislation; for example, the Integrated National Disability Strategy and the draft national disability policy in order to strengthen compliance mechanisms regarding their employment.
Monitoring mechanisms of the implementation of employment equity are mainly by way of periodic reports. The department is currently working together with the Department of Public Service and Administration on the implementation of the job access strategy regarding recruitment, retention and reasonable accommodation, and general employment in the Public Service.
Article 4 of the United Nations Convention on the Rights of Persons with Disabilities of 2006, UNCRPD, obliges governments to domesticate all issues affecting persons with disabilities in the convention, of which employment features are a major priority. It therefore gives a compelling reason for all departments to implement the disability employment targets which the Department for Women, Children and Persons with Disabilities may reveal with a view to increasing in the next financial year.
We have also started engaging with the Ministry for Performance Monitoring and Evaluation as a way of developing proper targets that will be enforced for each department and all levels of government. [Time expired.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon members, I've got no members for supplementary questions. No, hon members, you must press the button.
Ms P C DUNCAN: I did press the button.
The HOUSE CHAIRPERSON (Ms M N Oliphant): No, but there is nothing on the screen, except now - except now! Then I will see hon member Duncan.
Ms P C DUNCAN: Thank you, Chairperson. Minister, your Ministry is brand-new. However, in the more than one year of existence you had a golden opportunity to ensure that you adhere to legislation, which compels you to employ 2% of persons with disabilities. How do you justify the fact that you have failed to meet the 2% target?
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Chairperson, if a house is built in one day, I would wish your house, hon member, to be built in one day. There is always a process in establishing a department. You need to establish the foundation and ensure that structures and systems are put in place. For your information, hon member, we intend to have a summit on disability at the end of the year, which will look into a number of questions affecting disabilities and related problems.
Therefore my response is that we are on course with our programmes, and even in terms of developing legislation with regard to disability - we are working on that one. So, there is no failure on our part, we are on course and we are committed to ensuring that we achieve the objectives that this department was established for. Thank you. [Applause.
Mr N SINGH: Chairperson, I thank the hon Minister for her response. We, in this House, are glad that at last there is a Ministry that will focus on women, children and people with disabilities. But by your own admission, Madam Minister, I think the situation is far from satisfactory because 0,2% and 0,24% doesn't give us a whiff of a pass, or even an average performance.
We trust that, in looking at this matter seriously, your department give priority to it, and will also look at the question of facilities. In this House we have been raising the issue of the lack of facilities; not only for officials, but for people with disabilities who go to government departments and buildings, Home Affairs, and so on. This is another area, I think, which your department has got to look into. Thank you.
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Thank you, hon member, for the statement. I don't believe it's a question but a statement that supports the programme of government in ensuring that we achieve the targets that we have set ourselves.
However, I want to emphasise that it is not the responsibility of government alone; it is the responsibility of all of us as South Africans to ensure that people with disabilities access the workplace and are also part of the mainstream economy. So, all of us have got that kind of responsibility to ensure that we achieve those programmes. Thank you very much.
Mr W P DOMAN: Chairperson, I agree with the last opinion of the hon Minister that we should all do it, but government departments should set the trend. My question to the hon Minister is as follows: During this year, has her department established what the problems are that are causing this not to happen Is the post not available Do they not advertise it Are the people not applying Have you established what the real problem is and come up with some solutions?
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Chairperson, I am not sure whether the question is about the department or about the fact that we are here discussing the importance of ensuring that people with disabilities access the labour market. I thought that was the issue we were addressing.
However, I wish to say to the hon member that the department, new as it is, is on course in terms of its programmes, priorities, and strategic plan. And, hopefully, we will be having a full complement of staff members by the end of this year. The process is unfolding and ongoing, and, in due course, people will know the outcome of those processes. I thank you. [Applause.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon members, can I appeal to members not to press the button knowing very well that there is no supplementary question that one is going to ask.
Mr W P DOMAN: Chairperson, may I take that last follow-up question My question relates to ..?
The HOUSE CHAIRPERSON (Ms M N Oliphant): I have not yet answered whether you may pose a follow-up question or not. But you may now proceed! [Laughter.
Mr W P DOMAN: Thank you very much, Chairperson. Hon Minister, my question relates to your department's capacity to monitor the employment of persons with disabilities by other government departments. That is what I want to know. Is the problem due to the fact that the posts are not advertised by government departments Is it due to the fact that people with disabilities do not apply Have you, as the department, established what the problems are, and what are you going to do about them?
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Chairperson, I indicated earlier on that, as we speak, there is a process that is unfolding to ensure that measurable targets are put in place. We are working with the Ministry or Department for Performance Monitoring and Evaluation to develop such measures.
We are also in the process of putting mechanisms in place to ensure that there is compliance. We all know that we have not done well as a country. There are a number of reasons for that. Hon members know that we have not achieved our [Interjections.
Now, the important thing to do is to ensure that all the departments comply with the set of targets and the mechanisms that are going to be put in place soon enough. These will be announced to the country to ensure that there is compliance around the 2% target that has been set for our country to reach. Thank you.
whether any timeframes for the work of the NPC have been implemented; if not, why not; if so, what are the relevant details NO2520?
The MINISTER OF LABOUR (for THE MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION): Chairperson, to date, the National Planning Commission held three meetings on a monthly basis. The first meeting was a two-day orientation session in May 2010, which was addressed by the President, who spelled out the commission's mandate. The mandate that was given to the commission was that its vision and development plan should be finalised within 18 months after its appointment. Taking this deadline into account, the commission is in the process of finalising short-term deadlines to embark on the processes of consultation and discussions with various stakeholders in order to meet its mandate.
Furthermore, the commission is mandated to produce reports on issues relating to long-term development on an ongoing basis. Thank you, Chairperson.
Mr N SINGH: Chairperson, I know I can't ask the hon Minister of Labour this question. But, in any event, I will ask the question and maybe he can give us a response through the Minister in the Presidency: National Planning Commission. I would just like to know how often Parliament will be briefed on the working of the National Planning Commission. We did have an ad hoc committee that set up the commission. But I think as Parliament we have the right to be briefed at regular intervals about what the commission is doing without us having to ask questions in the House. Thank you.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon Minister, you may respond to the question or refer it to the Minister.
The MINISTER OF LABOUR (FOR THE MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION): I can respond to the question. My understanding of Parliament is that, as Parliament requires briefings, they will be as regular as Parliament wants them.
The LEADER OF THE OPPOSITION: Minister, you say that these report-backs will be as regular as Parliament would like to have them. Now, with regard to all other departments, Parliament interacts with them at various times of the year in various circles. The only department that does not have that interaction is the Presidency, where the National Planning Commission is situated. Would you not think it would be a good idea to have a portfolio committee that oversees the working of the Presidency and the two commissions that find themselves in that Presidency, especially seeing that they have a budget of R780 million in the Presidency to conduct the business that they are expected to conduct Then there could be regular interaction with the National Planning Commission?
The MINISTER OF LABOUR (for THE MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION): Chairperson, according to my little experience in Parliament since 1994, if there is any need for a portfolio committee, the Rules of Parliament can decide that.
What progress has been made to implement a national spatial development plan, with specific reference to (i) coordinating government action to meet social, economic and environmental objectives, (ii) striking a balance between urban and rural development and (iii) identifying areas with demonstrated economic potential most favourable for overcoming poverty and (b) in what timeframe will action plans regarding the abovementioned aspects be implemented to ensure achieving South Africa Vision 2025 NO2518?
The MINISTER OF LABOUR (FOR THE MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION): Chairperson, the National Planning Commission recently hosted a seminar on spatial planning. The seminar brought together academics, NGO representatives, development planning practitioners in the public and private sectors and representatives of the three spheres of government involved in planning.
Issues that emerged from that interaction include: one, getting around the rural-urban dichotomy and finding ways that recognise the spatial interdependences and linkages; two, getting the basics right by improving the turnaround times for decisions on development applications and dealing with duplicate processes; three, addressing the legislative impasse; four, changing incentives that shape the use and management of land; five, resolving ambiguities around roles and responsibilities of various actors; six, agreeing on a spatial vision for the country, and finally, putting in place spatial norms to guide the policies and strategies of all spatial actors.
Prior to the seminar, the Minister had discussions with his Cabinet colleagues, in particular Minister Nkwinti of Rural Development and Land Reform, Minister Sexwale of Human Settlements, Minister Sonjica of Water and Environmental Affairs and Minister Shiceka of Co-operative Governance and Traditional Affairs. They all shared the view that we need to act urgently to solve spatial planning issues. Thank you, Chairperson.
Mr G W KOORNHOF: Chairperson, I will not ask a follow-up question to the Minister, but I will just agree with the answer that the Minister has supplied to this House and welcome the seminar that took place.
I think it is important that we have a holistic approach to this situation. There is an urgent need to finalise a national urbanisation strategy, together with a comprehensive rural development strategy. We cannot plan unless we know where our people are going to live and work in future. Thank you.
The MINISTER OF LABOUR (FOR THE MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION): Chairperson, I agree with the hon member on the need to strike a balance between urban and rural development. The emerging thinking - not only in this country, but globally - suggests that the urban-versus-rural approach is not a very useful one. Overplaying the differences tends to lead to inappropriate policies.
We all know how difficult this matter is; urban and rural areas are linked in a very complex way, but they provide inputs for activities taking place in the respective sectors. They provide labour, employment opportunities, as well as markets for goods and services produced in either of these sectors.
Therefore, the hon member is quite correct; we need not draw a big distinction between the two. We must link them up, otherwise the situation will be such that people will think that there are greener pastures in the cities and there is nothing in the rural areas. We need to make sure that we improve the life there so that our people also enjoy living in those rural areas. [Applause.
The LEADER OF THE OPPOSITION: Madam Chairperson, I was trying to get the service button off and then all the buttons went on.
The HOUSE CHAIRPERSON (Ms M N Oliphant): You then have to apologise to me.
The LEADER OF THE OPPOSITION: To apologise?
The HOUSE CHAIRPERSON (Ms M N Oliphant): Yes!
The LEADER OF THE OPPOSITION: I apologise. I was trying to get the service button on.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Ok, thank you. Take your seat.
Ms A STEYN: Thank you, House Chairperson. Hon Minister, I just want to find out whether you took the traditional leadership into consideration in this National Planning Commission and what the discussions around the traditional leadership were. The reason I'm asking this question is that most of the problems that we experience are in the rural areas under the traditional leadership. What were your discussions with traditional leaders Thank you?
UMPHATHISWA WEZABASEBENZI (EMELE UMPHATHISWA KUBONGAMELI: IKOMISHONI YOCWANGCISO YESIZWE): NdinguDlamini, uJama kaSjadu, uZulu. Ngoko ke asingekhe sizilahlele ngaphandle iinkokeli zethu zemveli kuba kaloku uninzi lwazo luphaya emaphandleni. Asikwazi ukuthi xa sixoxa ngonxibelelwano phakathi kwamaphandle kunye needolophu sikhuphele ngaphandle iinkokeli zethu zemveli ezinjengooShenge. Soze siyenze loo nto. Kuyanyanzelekile ukuba uthetha-thethwano lwenzeke phakathi kweeNkosi, kwaye siyazi ukuba iingxaki ezithi zidale impixano ngamanye amaxesha ziyintaphane njengeentwala kubaThembu. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.
[The MINISTER OF LABOUR (FOR THE MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION): I am Dlamini, Jama kaSjadu, Zulu. Therefore we cannot sideline our traditional leaders because most of them are in the rural areas. When we debate about communication between rural and urban areas, we cannot exclude our traditional leaders such as Shenge. We will never do that. It must be enforced that there must be negotiations amongst Chiefs, and we are aware that sometimes problems that create conflict are immeasurable (as many as lice within the Thembu tribe). [Applause.
whether she intends setting up a reporting hotline to aid in implementing protective measures; if not, what is the position in this regard; if so, what are the relevant details NO2519?
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Chairperson, the Deputy Minister of Communications serves on the SABC board that ensures that pornography is not used in the media, advertising and broadcasting content in general.
The SABC board does the classification of films, videos, etc, for suitable viewership of all film material that is used by the SABC. The SABC board also encourages the public to inform it of any material broadcast by the SABC which it does not approve of. Any violent, graphic and gruesome images in broadcast content are censored by the SABC board before films can be published for children. Otherwise, members of the public are normally made aware of the age classification of the viewing material in order that parents can choose what they prefer to watch and what their children may watch.
The establishment of a reporting hotline is in the long-term plans of the Department of Women, Youth, Children and People with Disabilities. However, we are happy that the presidential hotline is also assisting in ensuring that we are able to deal with a number of cases that are reported through that hotline. These are cases regarding women, children and people with disabilities who are in need of urgent government services and are referred to the department through nominated officials who work directly with the hotline. The official would then distribute such queries to relevant branches within the department as well as other departments.
The Film and Publication Board has also established the Internet hotline, which affords members of the public the opportunity to report online about any child pornography or sexual abuse images that are accidentally discovered on the Internet. In this regard, I want to use this opportunity to congratulate the Deputy Minister of Home Affairs on the contribution he has made in the fight against pornography for our children.
I also wish to state that there was an indication that another channel, which would have been accessible to children, would be opened on TV for viewers. All of us, especially government leading at the forefront, opposed that move which was to be introduced by M-Net. Therefore there are interventions which are being made in cognisance of the fact that we have to protect our children from pornography and ensure that they grow up in an environment that is conducive to their development and growth. Thank you.
Mrs C DUDLEY: Chairperson, we know that various organisations and departments are rallying to support a move to draft a law that will be aimed at ensuring that Internet service providers filter all content on the web so that people across the country, particularly children, cannot access pornography on their cellphones or computers. The Department of Education, the Department of Communications, Childline South Africa, the cyber crime unit and the Independent Communications Authority of South Africa are all among the stakeholders. What role will your department play in this regard and how do you see your Ministry actually working within the situation to bring about this law Thank you?
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Chairperson, I would like to thank the hon member for the question. I think the interventions that we need to make include raising awareness within our communities around this particular issue so that we all play a role in ensuring that children are protected from pornography. Government will continue doing what it has to do in terms of whatever legislative or policy framework interventions that would need to be looked at in that regard.
At the moment, in addition to what has been done by the SABC board and other stakeholders, we need to ensure that we create an environment that is conducive for our children. So, it is an effort that we all need to make to ensure that children are protected from easy access to pornographic material. Even with the cellphones which are so easily accessible to children, parents need to ensure that they too play a role to monitor and ensure that children do not go beyond what is expected of them in their usage of cellphones, and so on. Thank you, Chair.
Ms H H MALGAS: Thank you Chairperson. Minister, we would like to know, as the ANC, how you see the involvement of the community. You just said it broadly, but, specifically, how do you see it with regard to legislations, policies, including the moral regeneration programme of government pertaining to society as a whole in speedily minimising the further spread of pornographic material whether it is in print or electronic media Thank you?
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Chairperson, as I have indicated earlier that this is a collective responsibility of all South Africans and, therefore, the role of the community is very critical in this regard. I think that the moral regeneration programme led by the Deputy President will assist us in moving forward in this regard to ensure that there is participation of all. Communities will also be able to raise their issues and voices with regard to these matters and play a part in ensuring that there is awareness. They will also be able to educate their children on the dangers of accessing pornographic material. So, it is a responsibility that we all have to share, including communities as well. Thank you. [Applause.
Mnu M MNQASELA: Sihlalo, xa uMphathiswa ethetha ngalo mcimbi womnathazwe ndinethemba lokuba uyayazi into yokuba phaya kum elalini eQolombana kuTsolo azikho iikhompyutha. Loo nto ke ithetha ukuba abantu abakwindawo ezisemaphandleni abasayi kukhawuleza bayixele ingxaki enje ngale. Kanti ke, imicimbi yamanyala nemiboniso bhanya-bhanya evela koomabonakude nakwiselula yinto echaphazela wonke umntu kwaye ekufuneka siyiqwalasele.
Ndifuna ukuqonda ke ukuba siyibeka esweni njani into yokuba lo mnathazwe uyabakhusela abantwana kwaye zidandalaziswa kakuhle zonke ezi zinto. Kwaye siza kubona njani ukuba abantwana bakhuseleka ngokwenene kwizinto ezifana nezi. Enkosi kakhulu.
UMPHATHISWA WEZABASETYHINI, ABANTWANA KUNYE NABANTU ABAKHUBAZEKILEYO: Sihlalo, ndiyabulela kakhulu kwilungu elihlonophekileyo. Kukho inombolo yomnxeba engahlawulelwayo ekhoyo eyenzelwe wonke umntu, kuquka nabantu abahlala emaphandleni ezindaweni ekuthiwa kusemakhaya. Kufuneka bayisebenzise loo nombolo yomnxeba ingahlawulelwayo ukuze bakwazi ukuncedakala nabo xa befuna ukuveza iingxaki ezifana nezi. Ukwaleka apho, kuza kufuneka ukuba sibe nephulo lokwazisa eliza kuthetha ngezi zinto. (Translation of isiXhosa paragraphs follows.
Mr M MNQASELA: Chairperson, when the Minister speaks about this Internet issue, I hope she knows that in my village at Qolombana in Tsolo, there are no computers. That means people in the rural areas will not immediately report such a problem. However, pornography and film material screened on television and cellular phones is something that affects everybody and we need to pay special attention to it.
I would like to know how we should monitor the safety of Internet use in respect of our children and ensure that there is transparency as far as this is concerned. In addition, how are we going to ensure that children are safe from undesirable material such as this?
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Chairperson, I would like to thank the hon member. There is a toll free number for everybody, including people who reside in the rural areas. They must use that toll free number in order for them to get help when they want to report problems and incidents such as these.
and we are also working with the Deputy Minister of Home Affairs to ensure that we run such a campaign around these particular matters, like access to pornography. Such a campaign will also take us to provinces. Thank you, hon Chairperson. [Applause.
Mr M G ORIANI-AMBROSINI: Madam Deputy Speaker, as one who had the privilege of drafting the original Films and Publications Act in 1996, I am a little scared and terrified of the blurring of some lines which are quite fundamental. For example, the Minister says that the SABC censors programmes and that government tells them not to run some. In terms of the law, that is illegal because the censorship is based on the fact that certain material is not desirable to government or to others. I think that the issue of pornography is a difficult one. It also tests the divide between freedom and authority.
Now, the question to the Minister is: On what authority does the government go beyond the legislative parameter and not interfere in communication between consenting adults, above and beyond protecting children from those communications Where is that line set and how is it enforced if it is not the one which is in the Act and is left to the authority and prerogatives of the Film and Publication Board?
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Chairperson, I think that was more of a comment than a question, unless I am mistaken.
The HOUSE CHAIRPERSON (Ms M N Oliphant): If the Minister wants to comment, she can do so. But there was a question that was raised by the hon member. Hon Ambrosini, can you repeat your question, only the question?
Mr M G ORIANI-AMBROSINI: Minister, the job is for the Film and Publication Board. How government takes the job beyond that is a matter of policy, not of illegality. How does a moral judgement come into the picture?
The HOUSE CHAIRPERSON (Ms M N Oliphant): Thank you, initially you asked only one question.
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Chairperson, there are a lot of pieces of legislation currently in the country that help us to deal with all these questions around pornography and the protection of children. Therefore, even the Film and Publication Board does have a role in terms of the classification of films, videos, and so on, as we have indicated earlier. There is a commitment from government, as we have seen in the past, to ensure that we protect our children and use the current legislation in place to protect children and prevent easy access to pornography. Thank you.
Whether the Government will achieve the millennium development goals with regard to (a) gender equality and (b) the empowerment of women; if not, why not; if so, what are the relevant details NO2531?
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Chairperson, with regard to Millennium Development Goal 3 on gender equality and women empowerment, South Africa has met the indicators on equity enrolment ratio between girls and boys at the 20% level of schooling, that is the number of girls that are enrolled is more than that of boys.
With regard to the indicator on women in political positions, South Africa is on track towards reaching parity by the year 2015. Presently, South Africa stands at 44% in terms of women who are in the national Parliament.
However, in terms of indicators on employment of women in other sectors, including the private sector, and so on, there is a concern. South Africa is far from reaching parity in decision-making structures of companies in the private sector.
There is growth in the employment of women, but this figure still remains lower than that of men. We are in no position to state categorically that Millennium Development Goal 3 can be achieved, but we are getting there.
Women can only be empowered if the present indicators are attained because, in its current standing, this goal lacks other critical elements such as addressing violence against women and children. Thank you.
Mrs P C DUNCAN: Minister, although the strides made by South Africa regarding the education of women and girls can be acknowledged - as you also said today - their disabled counterparts, however, lag behind significantly. What engagements have you had with the Ministers of Basic and Higher Education to increase school attendance of girls and young women with disabilities Thank you?
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Chairperson, firstly, there is an engagement that is going on currently in terms of ensuring that the targets, as I have indicated earlier, are met. Secondly, there is a commitment by government to ensure that our children access education.
I also want to go back to other creative measures that we are discussing, including the 1Goal campaign that was launched during the Fifa World Cup last month, to ensure that children with disabilities are able to access the opportunities in education and, in fact, go to school like other children.
So, in terms of basic education, there is a programme that outlines how children with disabilities need to be assisted to ensure that they too access educational opportunities. Thank you.
Mrs C DUDLEY: Hon Minister, something that is seriously working against these goals at this present moment are the strikes and protest that are disrupting services and impacting on women, children, the disabled, the aged, etc. For example, yesterday and today, in Witbank where my constituency's offices are, protesters stormed the building and took over the offices of the South African Social Security Agency, Sassa, and all other offices. People were intimidated by protesters who were carrying sticks, threatening and removing the women who were working there. They removed and destroyed the files, and completely trashed the offices.
There are going to be a lot of people expecting grants to be paid, and there will be no information to be able to work with. This is going to be seriously disruptive.
The police responded extremely weakly and are still not responding with any enthusiasm to the situation. What would your department be able to do in terms of exerting pressure in this situation now to ensure that people who choose to go to work and the surrounding offices where people are not meant to be at work are actually protected Thank you?
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Chairperson, the summit of disability that I referred to earlier on in my earlier presentation seeks to address all such questions that arise from concerns about what we need to do in terms of ensuring that we implement the UNCRPD, including children.
With regard to that, hon Chairperson, we want to ensure that South Africa develops a plan of action which will take forward the UNCRPD and also promote the rights of all children, including those with disabilities.
So, there is a programme in place, which we are working on. Hopefully, on 2 and 3 December, we will be having such a summit which will also help us to deliberate on measures that we need to put in place to reach the target that we set for ourselves for people with disabilities in the labour market as well. Thank you.
Mr L S NGONYAMA: Hon Minister, my observation is that this is a very important subject. However, every time we listen to responses on the matter, we hear broad responses, not scientific and empirical evidence as to how many people and what percentages we have in each and every sector. Are we really making a very strong impact Are the various government departments called upon to come up with evidence of transformation regarding the gender equality?
The HOUSE CHAIRPERSON (Ms M N Oliphant): Hon member, I think your question is a new question. Nevertheless, I will allow the Minister to respond if she wants to do so.
The MINISTER OF WOMEN, YOUTH, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Chairperson, it is an important question. I want to state that there is evidence. There is evidence on the participation of women in the public sector and in terms of the private sector. The information that we don't have as yet is how far civil society goes to ensure that they too come to the party in terms of womens participation.
In terms of the programme that we have, I hope that, soon after having gone through the necessary processes, Parliament later this year will discuss the question of the Gender Equality Bill, which we believe will take us forward in the struggle for women's empowerment and gender equality in our society.
We need to engage with these matters and appreciate the progress that the country has made since 1994. Evidence is there, but we need to move beyond what we have achieved and achieve even more, especially in the private sector as well as in civil society. Thank you.
The HOUSE CHAIRPERSON (Ms M N Oliphant): Thank you, hon Minister. Hon members, that concludes the time for questions. The replies that have been received will be printed in Hansard.
See also QUESTIONS AND REPLIES.
further congratulates Elinor Sisulu for courageously writing the foreword.
That the House debates rural development plans to help with the implementation of large-scale programmes to establish new small farm holders and improve the productivity of existing small-scale farmers and subsistence farmers and their integration into the formal value chain that links them with markets.
That the House debates the plans of the Department of Basic Education to increase the pass rate of the matric cohort in 2010.
That the House debates the development of trading opportunities in informal settlements broadly.
That the House debates the unacceptable attack on matriculants of Scottburgh High School by labour union members picketing outside the G J Crookes Hospital in Scottburgh, KwaZulu-Natal.
That the House debates mainstreaming African jurisprudence for social cohesion, peace and harmony in society.
That the House debates the extent of homeless street people in South Africa and tries and find solutions to alleviate their problems.
conveys its deepest sympathy and condolences to the government and people of China over the loss of life and devastation caused by the severe mudslide.
urges all world leaders to immediately provide international aid to Pakistan.
congratulates Advocate Tlakula on her appointment and wishes her well in her new position.
requests the Department of Water Affairs to consider exploring the validity of the findings and the viability of its wide-scale use if the results do indeed measure up to the claims.
Magistrates' Courts Amendment Bill [B 23 - 2010] (National Assembly - sec 75).
Report and Financial Statements of the Land Bank for 2009-2010, including the Report of the Auditor-General on the Consolidated Financial Statements of the Land and Agricultural Development Bank of South Africa (Land Bank) for 2009-2010 [RP 95-2010].
Report and Financial Statements of the Broadband Infraco (Pty) Limited for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010 [RP 170-2010].
The Portfolio Committee on Rural Development and Land Reform, having considered the subject of the Deeds Registries Amendment Bill [B 13 - 2010] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports that it has agreed to the Bill [B13 - 2010] without amendments.
The Portfolio Committee on Rural Development and Land Reform, having considered the subject of the Sectional Titles Amendment Bill [B14 - 2010] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports that it has agreed to the Bill [B 14 - 2010] without amendments.
Local Government: Municipal Electoral Amendment Bill, 2010, submitted by the Minister of Home Affairs.
Refugees Amendment Bill, 2010, submitted by the Minister of Home Affairs.
Immigration Amendment Bill, 2010, submitted by the Minister of Home Affairs.
Referred to the Portfolio Committee on Home Affairs and the Select Committee on Social Services.
Strategic Plan for the Fourth Parliament 2009-2014.
Available on Parliament's website: www.parliament.gov.
Report of the Portfolio Committee on Labour on the oversight visit to Labour Centres in the Provinces from 17 - 21 May 2010 1.
In the 2010 State of the Nation Address (SONA), the President announced that the current government administration should understand and be responsive to people's needs. In so doing, it should work faster, harder and smarter. In response to the President's call, the Department of Labour (DoL), in its 2010 Strategic Plan introduced the service delivery improvement programme highlighting specific areas of improvement and introducing various service delivery systems which are meant to address challenges with the hope of increasing the rate and quality of services and labour market information.
As a result, the Portfolio Committee on Labour undertook to conduct an oversight visit to four Provinces, namely: North West, Mpumalanga, Limpopo and Gauteng, with the intention of overseeing service provision through the Department of Labour's labour centres and tusong centres.
The Portfolio Committee on Labour took a decision to undertake an oversight visit to the above-mentioned four Provinces to assess the work of the DoL against priorities as set in the strategic plan of 2010 -2015.
The delegation of the committee composed of Ms L E Yengeni, ANC (Chairperson and Leader of the delegation), Ms A M Rantsolase, ANC, Ms A N Mnisi, ANC, Mr E Nyekemba, ANC, Ms L S Makhubela-Mashele, ANC, Ms D Tsotetsi, ANC, Ms F Khumalo, ANC, Mr I Ollis, DA, Mr A Louw, DA and Mr V Ndlovu, IFP. Ms A Kakaza, Acting Committee Secretary, Ms S Mkhize, Committee Researcher and Ms N Myovu, Committee Assistant.
The Committee visited this office which deals mostly with UIF claims and the following challenges were observed.
Not enough office space, due to small office space clients have to stand in long ques waiting for services and according to the officials of the center alternative accommodation was identified seven years ago but nothing has been done.
Human Resource was also identified as a challenge.
The Rustenburg Labour Centre faces numerous structural challenges due to the policy design guiding operational procedures. Such policies do not take cognisance of the expanded services that labour centres have to deliver due to the decentralisation of functions from the Head Office and provincial offices. Whilst Labour Centre responsibilities have been expanded, the roles of managers have not been reviewed to empower them with necessary authority to implement their new delegated functions.
When registering for the Unemployment Insurance benefits, claimants have to automatically register with the Employment Services System (ESSA) as work-seekers. Whereas the intention was to improve coordination and efficiency of services provision, the system has led to slow registration process leading to long queues.
The ESSA system experiences systemic challenges and is still not fully utilised by the employers who should register vacancies and access the data base when recruiting prospective employees.
Management of the centre in the meeting with the members of the Committee also raised the issue of office space, shortage of staff, the computer system which was very slow and lack of enforcement from the companies which resulted in the delays on the processing and payments of claims.
The frontline staff members were not properly monitored to ensure that they provide client-friendly services. People spend numerous hours in queues without being attended to, only to be turned back for minor queries that could have been spotted if there had been floor managers attending to the people.
The UIF processing system, i.e.
The toilet facilities were not well maintained and out of order.
Whilst there was visible signage that displays information on various services provided by the centre, it did not cater for the indigenous language users.
The labour centre mainly services the remote rural area, ideally applying the principle of taking the services closer to the people.
There were constant IT challenges which take long time to be fixed. This affects the Employment Services System (ESSA) programme performance as it relies on computer data capturing.
The general state of the office is unpleasant due to unhygienic and muddled conditions that workers and clients are exposed to daily.
The committee acknowledged the urgency for the Department to sort the conditions of the offices, however felt that the manager and the staff had not taken any initiative to improve the conditions in the offices, such as littering on the floor, files clumsily placed on the floor, including confidential client information.
In the meeting with Management of the centre the following challenges were identified in dealing with their day-to-day functioning.
Long queues as a result of insufficient accommodation.
Due to the inherent systemic bureaucracy within the DoL, the regional offices are caught in the red tape processes, causing unnecessary delays to services.
Demand for services has increased as a result of the decentralisation process. Although the demand has increased, the number of staff members has not increased.
Inspectors continue to find it difficult to access farms due to non-cooperation from farm owners.
Increase in non-compliance to minimum wage payments due to the growing number of people who are unemployed and living in poverty.
Shortage of inspection vehicles. As a result, the DoL through the 2010/11 budget will hire vehicles for the inspectorate service.
Increasing non-compliance to general basic working conditions from the immigrant employers.
There's general non-compliance by employers with regards to the filling of the UIF declaration forms (UI-19).
Prevalence of labour broking activities within the cleaning and security sector, which undermines adherence to basic conditions of employment for workers.
Increasing number of retrenched job-seekers as a result of the economic recession.
Employers are not forthcoming in registering for the ESSA services.
Employers take advantage of statutory limitations, therefore not comply with legislative requirements.
Inspectors find it difficult to access private premises in order to enforce compliance within the domestic sector.
Rural residents travel to the city labour centre, avoiding their local labour centres due to the perception that urban-based centres process claims quicker. As a result of this influx, the centre has constant long queues.
Members received complaints from clients of unanswered switchboard calls.
All written communication, including posters or notices around the office, was in English.
The Members were briefed of the impending disciplinary case of one staff member. According to the labour centre manager, the provincial office is handling the matter which has already commenced in January 2010. Concerns about the disciplinary hearing delays were also raised by Members, as the hearing was initiated in June 2009, but not completed in almost a year.
Whereas the majority of people interviewed by the Members praised the manner in which the CF services the public, there were criticisms about continuous long queues.
Others complained about the lengthy periods they had to wait for their benefits. One such example is the man who alleged to have been waiting for over 5 years for his benefits from the Fund.
The CFO of the Fund reiterated that some of the challenges are exacerbated by the high turnover amongst the casual staff. This affects the skills retention for labour centres.
The Johannesburg CCMA office is the biggest and seemingly the busiest in the country. It is also the biggest resolution centre in the world. According to the Senior Convenor Commissioner, Bheki Khumalo, the office receives more or less 3 000 cases per month. As a result the workload piles up and become too much to handle. Currently, there are 100 part-time commissioners, 30 full-time commissioners and close to 50 part-time interpreters.
Due to the large number of staff being part-time, it is quite difficult to establish and instil a strict organisational culture of discipline and certain values, such as the Batho Pele (People First) values. However, the Members also appreciated the hard work and dedication of certain staff members who resumed work well before time and were hospitable to both the members and the general members of the public, for example the receptionist.
Numerous cases are postponed due to non-availability of employers and due to commissioners who view this as a money-making scheme, since commissioners are paid per session they hold.
Challenges of employers who do not honour the settlement agreements. As a result, the vulnerable workers struggle to enforce the agreements as such actions require more funds to pay the Sheriff of the Court. Individual workers, who do not fall under the trade union, end up paying close to R2 000 for the enforcement.
The Johannesburg CCMA office has been said to be the worst performing centre. As a result, the management has embarked on the turnaround strategy which includes designing permanent organisational structures to support administrative functions regardless who the individual manager is.
In order to fast-track the case management process, each Commissioner will have a number of specifically dedicated cases to manage. This is a move away from the past practice where cases did not have dedicated commissioners, resulting in the lengthy case management processes.
There are instances whereby commissioners deliberately delay cases where they have conflict of interest. There is currently such a case with one commissioner going through the disciplinary process.
However, members of the committee were concerned about Labour Courts being taken over by the Department of Justice. The concern was what is going to happen to issues of labour enforcement laws which have been channel through labour courts.
Members of the Committee having interacted with the people from the different labour centres recognised that service delivery is still lacking in some of the centres and what the National Department says is different from what the Members saw during the visit.
Whilst some labour centers have improved service delivery system, others continue to struggle due to non-empowerment of staff members to deliver on the entire suite of the Department of Labour's services. Due to not understanding these services, the ill-informed staff members give wrong information to clients. As a result, people continuously travel back and forth the labour centres.
Due to the weaknesses in the IT system, some labour centers struggle to fully implement the Employment Services System, especially those located in the rural areas.
The optimal conceptual framework of the Employment Services System requires a full structural support, such as fully furnished spacious offices where people can fill forms without compromising their privacy. However, this systemic support for the ESSA has not yet been achieved in the labour centers.
The Department's decentralisation process has overstretched the labour centre functions, but failed to empower the labour centre managers in order to enable them to make swift administrative decisions.
Without underestimating the challenges identified in the urban based labour centers, the resource support appears to be biased towards them as opposed to the rural labour centers.
There is general non-compliance with regard to the Unemployment Insurance Act, as commercial employers do not declare relevant information in order for employees to collect their benefits. As a result, claimants spent lengthy periods without receiving their benefits.
The Department of Labour should address the situation in KwaMhlushwa Labour Centre as the Office was a disaster.
There should be more personnel employed in the Labour centres, in order to curb long ques which are of great concern to Government.
The Department should look at the Siemens contract as it had come up clearly in most centres that there was a problem with IT services.
The Department should consider having more mobile centres especially in rural areas in order to bring the service closer to the people.
In instances where office accommodation is a challenge, the Minister of Labour should approach the Minister of Public Works to address and fast -track the issue of proper offices and facilities in the labour centres.
The Department should address those challenges that can be resolved in the short term by the labour centres, such as the assignment of the floor manager to guide and assist people, given that the majority of service users are illiterate, old and disabled. In addition, the floor manager would have to ensure that the vulnerable groups including the old, disabled people and pregnant women are prioritised using the "express queues".
The floor manager should be multi-lingual in order to accommodate all people who use the labour centre services.
The Department should respond to all the recommendations in this report and report back to the Committee within 30 days after adoption of the report by the House.
<fn>GOV-ZA.34333322En.2012-02-10.en.txt</fn>
I, Johannes Theodorus Crouse, Registrar ofLabour Relations, hereby, in terms of section I 06(2B) give notice of my intention to cancel the registration of Construction, Allied, Metal, Mining, Building and Alien Workers Union (C.A.M.M.B.A.W.
The trade union and all interested parties are hereby invited to make written representations as to why the registration should not be cancelled. Only representations pertaining to tbis Notice will be considered.
Objections must be lodged to me, c/o the Department of Labour, Laboria House, 215 Schoeman Street, PRETORIA. [Postal address: Private Bag X117, PRETORIA, 0001 -Fax No. (012) 309 4156 I 4595], within 60 days ofthe date ofthis notice.
<fn>GOV-ZA.34357340En.2012-02-10.en.txt</fn>
The Minister for Cooperative Governance and Traditional Affairs intends introducing the Local Government: Municipal Property Rates Amendment Bill in the National Assembly. The Bill is hereby published for public comment in terms of section 154 (2) of the Constitution.
Comments may be faxed to (012) 334-4811 or emailed to mpra@cogta.gov.
No comments which are received after 22 July 2011 will be considered.
To amend the Local Government: Municipal Property Rates Act, 2004, so as to provide for the amendment and insertion of certain definitions; to provide that a rates policy must determine criteria for not only the increase but also for the decrease of rates; to further regulate the categories of property in respect of which rates may be levied; to further regulate the exemption, reduction and rebates to owners of property so as to provide that the rate on a specific category of properties must be limited to an amount in the rand as determined by the Minister with the concurrence of the Minister of Finance; to limit the period within which the Minister may be requested to decide whether a rate is unreasonably prejudicing any of the matters listed in section 16 (1); to provide for sectors of the economy to consult the MEC in terms of section 16{3)(aJ; to provide for the Minster to make a decision in terms of section 16(5) with the concurrence of the Minister of Finance; to provide for the exclusion from rates of certain categories of public service infrastructure as well as mining rights or mining permits, excluding infrastructure above the surface in respect of mining property; to provide that the exclusion from rates in respect of land belonging to a land reform beneficiary is extended to the spouse and dependants; to provide that an exclusion from rates in respect of the seashore lapses if any part thereof is alienated; to provide that a municipality may not levy a rate on the first amount of the market value as determined by the Minister with the concurrence of the Minister of Finance of a residential property owned and occupie~ by a recipient of an older persons grant or a disability grant; to provide that a municipality may levy different rates on residential property not used for the permitted purpose or not used for any purpose; to provide that a municipality may levy different rates on vacant property; to provide that a municipality may not recover rates in respect of a right of exclusive use registered against a sectional title unit from the body corporate; to provide that a person liable for a rate must furnish the municipality with his or her postal address; to provide that municipalities are not required to value properties excluded from rates; to provide for the period of validity of a valuation roll to be five years; to provide for the extension of the period of validity of valuation rolls by the MEC for local government to seven years; to provide that a body corporate is required to provide information to a valuer; to provide that a mining right or a mining permit may not be considered in determining the market value of property; to provide that a valuer must provide reasons for decisions in respect of objections; to delete the requirement for the payment of interest in speci'fic instances; to delete the requirement for the establishment of a valuation appeal board in every district municipality; to provide for an appeal board to include a professional associated valuer without restrictions and with a minimum of ten years experience; to amend the dates on which a supplementary: valuation takes effect; to provide for the notification of owners of property affected by a supplementary valuation; to provide for the extension of the provisions the non-compliance of which may not be condoned; to provide for more effective monitoring of municipalities in the implementation of the Act; to extend the Minister's regulatory powers; to provide for the phasing in of certain regulations; to provide for the phasing in of the prohibition on the levying of rates on certain types of public service infrastructure; to provide for transitional arrangements in respect of municipalities that have been affected by a redetermination of municipal boundaries; and to provide for matters connected therewith.
Amendment of Preamble to Act 6 of 2004 1.
"AND WHEREAS income derived from property rates is a major source of general municipal revenue and that revenue is not linked to a specific municipal service or the erection of infrastructure related to that municipal service; ".
Amendment of section 1 of Act 6 of 2004 2.
"'industrial property' means property used for a branch of trade or manufacturing, production.
Development Act,2002 Act No.
'official residence', in relation to places of public worship.
{bA) in relation to a time sharing interest contemplated in the Property Time-sharing Control Act, 1983 (Act No.
the share block company as defined in the Share Block Control Act, 1980 (Act No.
after sub-paragraph (vii) of the proviso of the following sub-paragraph_;_ "(viiA) a lessee, in the case of property to which a land tenure right applies and which is leased by the holder of such right.".
a propertv registered in the name of a trust established for the sole benefit of a religious community and used for the purposes of congregation< excluding a structure used for educational instruction in which secular or religious education is the primary instructive medium.
a property situated on land in respect of which a land tenure right.
"(g) runways or aprons.t. .,_,_in, c,_,_,lu"""d,_,_i'-'-ng:::L--_t=h.!..:!
in the case of property on which immovable improvements are being constructed, where such property cannot be permanently occupied.
Amendment of section 3 of Act 6 of 2004 3.
"(d) the contribution of agriculture to the social and economic welfare of farm workers and other members of the public.".
Amendment of section 7 of Act 6 of 2004 4.
"(iii) properties referred to in paragraph~ (b) or (c) of the definition of 'property' in section (1): Provided that this SIJbparagraph only applies to those properties to which a land tenure right applies and on which no industrial, commercial, business, mining or agricultural activities are conducted:".
Amendment of section 8 of Act 6 of 2004 5.
a combination of (a) and (b).
any other category of property as may be determined by the Minister, with the concurrence of the Minister of Finance, by Notice in the Gazette.
Amendment of section 9 of Act 6 of 2004 6.
"(c) Multiple purposes in terms of section 8(2)[(r)].(l1J..".!.
Amendment of section 11 of Act 6 of 2004 7.
"(2) A rate levied by a municipality on residential properties with a market value below a prescribed valuation level may, instead of a rate determined in terms of subsection (1), be a uniform fixed amount per property."
the deletion of subsection (3).
Amendment of section 15 of Act 6 of 2004 8.
C2A) In addition to the categories of property set out in section 8(2), a municipality may, subject to any ratio determined in terms of section 19, for the ourposes of granting exemptions. rebates and reductions.
properties to which a land tenure right applies and on which no industrial. commercial, business.
the historical or cultural significance of the property, including the presence on the property of a national monument as contemplated in the National Monuments Act, 1969 (Act No. 28 of 1969), or an institution that has been declared to be subject to the Cultural Institutions Act, 1998 (Act No. 119 of 1998).
by the deletion in subsection (3) of subparagraph (ii) and (iii) of paragraph (b).
Amendment of section 16 of Act 6 of 2004 9.
"(a) If a rate on a specific category of properties/ or a rate on a specific category of properties above a specific amount in the Rand1 is materially and unreasonably prejudicing any of the matters listed in subsection (1), the Minister [after notifying] with the concurrence of the Minister of Finance, must, by notice in the Gazette, give notice to the relevant municipality or municipalities that the rate must be limited to an amount in the Rand specified in the notice."
"(a) Any sector of the economy, after consulting the relevant municipality or municipalities, [and] organised local government and the MEC for local government, may, through its organised structures, request the Minister to evaluate evidence to the effect that the rate on any specific category of properties above a specific amount in the Rand, is materially and unreasonably prejudicing any of the matters listed in subsection (1)."
"(aA) A request contemplated in paragraph (a) must be submitted to the Minister within 12 months of the date of imposition of the applicable rate.".
Amendment of section 17 of Act 6 of 2004 10.
"(f) on [mineral] mining rights or a mining permit within the meaning of [paragraph (b) of the definition of 'property' in subsectionl] the Mineral and Petroleum Resources Development Act, 2002 (Act No.
:_(j) on the first amount of the market value as determined by the Minister, with the concurrence of the Minister of Finance, by notice in the Gazette, of a residential property owned and occupied by a person who is a recipient of an older persons grant or a disability grant in terms of the Social Assistance Act, 2004 (Act No.
if the exclusion from rates of a property lapses in terms of paragraph (a}, if the new owner or lessee as the case may be. becomes liable to the municipality concerned for the rates that, had it not been for subsection (1)(b), would have been payable on the property, notwithstanding the provisions of section 78, with effect from the date of alienation or lease.
(b) If the property in respect of which the declaration is withdrawn is privately owned, the owner, upon withdrawal of the declaration, becomes liable to the municipality concerned for any rates that, had it not been for subsection (l)(e), would have been payable on the property, notwithstanding the provisions of section 78, during the period commencing from the effective date of the current valuation roll of the municipality.
payable only from the date of declaration of the property.
"(3A) A municipal manager must, in accordance with the procedure in section 49, inform property owners of the procedures to be followed and supporting documentation to be submitted when applying for an exclusion in terms of subsection (1)(i)."
f.b) If the exclusion from rates of a property used as such an official residence lapses, the religious community owning the property becomes liable to the municipality concerned for any rates that, had it not been for subsection (1)(i), would have been payable on the property, notwithstanding the provisions of section 78, during the period of one year preceding the date on which the exclusion lapsed.
Amendment of section 19 of Act 6 of 2004 11.
"(a) different rates on residential properties, except as provided for in sections 11(2), 21 and 89: Provided that this paragraph does not apply to residential property which is vacant, not used for any purpose or not used for the permitted purpose;".
Amendment of section 20 of Act 6 of 2004 12.
(a) different kinds of municipalities which may, for the purposes of this section, be defined in the notice either in relation to categories,~.
The Minister may. with the concurrence of the Minister of Finance. and by the notice referred to in subsection (1) . delav the implementation of a limit. for a period determined in the notice and in respect of the different kinds of municipalities defined in terms of subsection (2){b).
Amendment of section 25 of Act 6 of 2004 13.
(1) A rate levied by a municipality on a sectional title unit is payable by the owner of the unit or the holder of a right contemplated in section 25 or 27 of the Sectional Titles Act.
A municipality may not recover the rate on a sectional title unit, or on a right contemplated in section 25 or 27 of the Sectional Titles Act registered against the sectional title unit, or any part of such rate, from the body corporate controlling a sectional title scheme, except when the body corporate is the owner of any specific sectional title unit or the holder of such right.
Amendment of section 27 of Act 6 of 2004 14.
"(1A) A person liable for a rate must furnish the municipality with that person's postal address.".
Amendment of section 30 of Act 6 of 2004 15.
(2) All rateable properties in the municipality must be valued during a general valuation, including [all] those properties [fully or] partially excluded from rates in terms of section 17 (1)(a) [,(e), (g)] and (h) [and (i)]: Provided that [ -(a}] properties referred to in section 7(2)(a) must be valued only to the extent that the municipality intends to levy a rate on those properties.!..
the Minister may fully or partially exempt a municipality from the obligation to value properties excluded from rates in terms of section 17(1)(e),(g) and (i) if the municipality can demonstrate that the valuation of those properties is too onerous for it, given its financial and administrative capacity.
"(3) All properties valued in terms of subsection (2) must be included in the valuation roll: Provided that properties referred to in [subsection 2(b) and in] section 7(2)(a)(i) and (ii) and section 17(1)(e),(g),Q) and OJ must be included in the valuation roll whether [or not] they [were] have been valued or not.".
Amendment of section 32 of Act 6 of 2004 16.
the substitution in subsection (2) for the expression "five" of the expression "seven".
Amendment of section 34 of Act 6 of 2004 17.
Amendment of section 42 of Act 6 of 2004 18.
"(a) require the owner, tenant or occupier of a property which a valuer must value in terms of this Act, or the agent of the owner, or the body corporate controlling a sectional title scheme or the share block company in respect of a share block scheme or the management association in respect of a property time-sharing scheme to give the valuer access to any document or information in possession of the owner, tenant, occupier, [or] agent, body corporate. share block company or management association which the valuer reasonably requires for purposes of valuing the property;".
"(c) in writing require the owner, tenant or occupier of the property, or the agent of the owner, or the body corporate controlling a sectional title scheme or the share block company in respect of a share block scheme or the managing association in respect of a property time sharing scheme to provide the valuer, either in writing or orally, with particulars regarding the property which the valuer reasonably requires for purposes_ of valuing the property.".
Amendment of section 46 of Act 6 of 2004 19.
"(a) The value of any license, permission, or other privilege granted in terms of legislation in relation to the property.~. but not a mining right or mining permit granted in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002)".
Amendment of section 53 of Act 6 of 2004 20.
"(a) the valuer's decision in terms of section 51.
the repeal of subsection (2) and (3).
Amendment of section 54 of Act 6 of 2004 21.
Amendment of section 55 of Act 6 of 2004 22.
(b).ill recover from, [or repay to] the person liable for the payment of the rate the difference determined in terms of paragraph (a) [plus interest at a prescribed rate.
Amendment of section 56 of Act 6 of 2004 23.
"(1) The MEC for local government must, by notice in the Provincial Gazette, establish as many valuation appeal boards in the province as may be necessary, but not fewer than one in each [district municipality and each] metropolitan municipality. ".
Amendment of section 58 of Act 55 of 2004 24.
"(b) not fewer than two and not more than four other members with sufficient knowledge of or experience in the valuation of property, of which at least one must be a professional valuer or a professional associated valuer without restrictions and with a minimum of ten years experience registered in terms of the Property Valuers Profession Act, 2000 (Act 47 of 2000)."
Amendment of section 78 of Act 6 of 2004 25.
"(h) the value of which was incorrectly recorded in the valuation roll as a result of a clerical or typing error."
"{b) the supplementary valuation [roll takes effect on the first day of the month following the completion of the public inspection period required for the supplementary valuation roll in terms of section 49 (as read with this section), and] remains valid for the duration of the municipality's current valuation roll."
"{aA) the first day of the month following the posting of the notice as contemplated in subsection (5) in the case of property referred to in subsection 1 (e): Provided that in the case of a decrease in value in terms of a property referred to in subsection 1(e), the rates become payable on the date the property was incorrectly valued."
(5} (a) A municipal valuer must on completion of the supplementary valuation contemplated in subsection (1)(a) to (g), and following a correction contemplated in subsection 1{h), serve such valuation or correction, by ordinary mail, or if appropriate, in accordance with section 115 of the Municipal Systems Act.
The notice referred to in parSagraph (a) must inform the property owner that he or she may lodge an objection with the municipal manager in writing, within a period of 21 days of the posting of the notice in respect of any matter reflected in or omitted from the supplementary valuation.
The municipality must, at least once a year, compile and publish a supplementary valuation roll of all properties included in the supplementary valuations contemplated in subsection (1) during the period in which the supplementary valuations took place and make it public and available for inspection in the manner provided for in section 49.
Amendment of section 80 of Act 6 of 2004 26.
section 16(3)(aA).
4(2)(b)(ii), may not be condoned in terms of subsection (1).
Amendment of section 81 of Act 6 of 2004 27.
"(1) The MEC for local government in a province must monitor whether municipalities in the province comply with the provisions of this Act, including ensuring that a valuation roll complies with sections 30 and 48."
whether the municipal valuer has submitted a certified valuation roll to the municipal manager by the prescribed date.
The municipal manager must, by a date determined by the Minister by notice in the Gazette.
the intended date by which the municipal valuer is to submit a certified valuation roll to the municipal manager taking into account the provisions of section 34(d).
The municipal manager must, by no later than 10 days after the date on which each milestone referred to in paragraph (a) should have taken place, submit a report to the MEC for local government regarding the status of that milestone and if the milestone has not been achieved, the remedial actions to rectify the failure to deliver on the milestones in the action plan, as well as any deviation in the action plan that will impact on the delivery date referred to in subsection (lB}(a)(v).
(a) The Minister may, by notice in the Gazette, determine to which municipalities the provisions of this section apply.
{b A determination referred to in paragraph {a may differentiate between municipalities in terms of categories, types, or in terms of budgetary size or in any other manner.
The municipal manager must submit reports in a format and at such intervals as may be prescribed to such parties as may be prescribed on specific aspects of the implementation of provisions of the Act.
Amendment of section 83 of Act 6 of 2004 28.
(3) Regulations in terms of subsection (1) may.
{gl treat different categories of properties, or different categories of owners of properties, differently;_or illl differentiate between different kinds of municipalities. which may, for purposes of this section, be defined either in relation to categories, types or budgetary size, or in any other manner.
illl where practicalities impede the strict application of a specific provision of a regulation made in terms of subsection (1), exempt any municipality from, or in respect of, such provision for a period, and on such conditions, as determined in the notice.
Repeal of section 88 of Act 6 of 2004 29. Section 88 of the principal Act is hereby repealed.
Insertion of section 89A of Act 6 of 2004 30.
89A. (1) If, as a result of the redetermination of a municipal boundary in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No.
levy rates against property values as shown on that valuation roll or supplementary valuation roll, until it prepares a valuation roll or supplementary valuation roll that includes such area.
If a municipality uses valuation rolls and supplementary valuation rolls in terms of subsection (1), that municipality may, notwithstanding the provisions of section 19(1)(a), impose different rates based on the different valuation rolls or supplementary vaJuation rolls, so that the amount in the Rand on the market value of the property payable on similarly situated property is more or less the same.
Substitution of section 90 of Act 6 of 2004 31.
If, as a result of the redetermination of a municipal boundary in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No.
levy rates consistent with that rating policy.
Repeal of sections 91, 92 and 93 Of Act 6 of 2004 32. Sections 91, 92 and 93 of the principal Act, are hereby repealed.
Insertion of section 93A in Act 6 of 2004 33.
93A. (1) The prohibition on the levying of rates on public service infrastructure referred in section 17(1)(aA) must be phased in over a period of three years, with effect from the date of coming into operation of the Local Government: Municipal Property Rates Amendment Act, 2011.
in the third year, be no more than 25 per cent of the rate for that year otherwise applicable to that property.
The provisions of section 8 of the Local government: Municipal Property Rates Act, 2004, as amended by section 5 of this Act, takes effect in respect of those m1.
that implemented the Act on 1 July 2009, 1 July 2010 and 1 July 2011, with effect from the effective date of the next valuation roll prepared in terms of the Act.
This Act is called the Local Government: Municipal Property Rates Amendment Act, 2011.
MEMORANDUM ON THE OBJECTS OF THE LOCAL GOVERNMENT: MUNICIPAL PROPERTY RATES AMENDMENT BILL, 2011 1. BACKGROUND Since the first 4 municipalities began valuing and rating in terms of the Local Government: Municipal Property Rates Act {"the Act" on 1 July 2006 municipal practitioners have grappled with the reality of operationalising a piece of legislation that has largely been theoretical since its effective date of 2 July 2005 and became less so as the implementation of its regulatory framework unfolded over the years.
Taking into account lessons learnt from the 27 municipalities that implemented the Act in 2006 and 2007, the Act was amended through the local Government laws Amendments Act, 2008 which commenced operating on 13 October 2009}.
Having regard to the experience gained with the additional municipalities that implemented the Act in 2008 and 2009 respectively, it has become clear that these lessons learnt from the monitoring of such implementation necessitate that the Act be amended yet again to render its implementation more seamless and minimise legal and policy misinterpretations that have arisen. In addition certain key policy amendments are proposed and such proposed amendments are informed by lessons learnt from implementing the regulatory framework of the Act, and continuous engaging with key stakeholders, including individual and organised ratepayers, and practitioners on the challenges encountered with the implementation of the Act over the years in the first phase of its implementation.
The main object of the Bill is to address the problems that have been experienced in the implementation of the Act over the past five years and to promote the effective and efficient implementation of the Act.
Clause 1 amends the Preamble so as make it clear that the income derived from property rates, in line with general tax principles, is not linked to a specific municipal service or the provision of infrastructure for a specific municipal service but that such income derived is a general revenue source.
Clause 2 inserts various definitions many of which are introduced because of the introduction of the revised property categorisation framework in clause 8 and various other definitions that are inserted to clarify a variety of matters in the Act that have up to now been so open to interpretation that they hinder the effective implementation of the Act; all of these definitions are introduced so as to render the Act simpler, user friendly, and minimise legal and policy misinterpretations.
Clause 3 provides for a consequential amendment to section 3 of the Act flowing from the amendment to section 8 and also provides that a rates policy must determine criteria not only for an increase but also for the decrease in rates. This Clause also provides for the matters that a municipality must take into account when considering criteria in respect of exemptions, rebates and reductions in respect of agricultural properties to be reduced from four to two matters because two of the matters have been taken into account in the "rates ratio" between residential and agricultural properties that was promulgated in terms of section 19 and became effective on 1 July 2009.
·public be recognised in addition to its contribution to the welfare of farm workers.
Clause 4 amends section 7 (2) (a) (iii) of the Act so as to provide that properties to which a land tenure right applies and on which no commercial activities are conducted and on which the municipality does not intend levying rates, that no mandatory requirement is imposed on a municipality to value such properties.
Clause 5 amends section 8 of the Act so as to limit the basis for the categorisation of properties to use and permitted use only. Furthermore the list of property categories that must, where applicable, be determined is now set out in subsection (2), with additional property categories provided for in subsection (3). In order to ensure the effective application of this section all the different categories of property are now defined in section 1 of the Act.
Clause 6 provides for a consequential amendment to section 9 (1) (c) flowing from the amendment to section 8.
Clause 7 amends section 11 so as to provide that a rate at a uniform fixed amount may be levied on residential properties only.
Clause 8 amends section 15 so as to provide for additional avenues in terms of which a municipality may determine the categories of properties in respect of which a municipality may grant exemptions, rebates or reductions. The clause also removes the obligation on a municipality to annually reflect income foregone in respect of exclusions. in terms of various subsections of section 17.
Clause 9 amends section 16 of the Act so as to provide that the limitation of a rate on a specific category of property by the Minister must be determined with the concurrence of the Minister of Finance and that a sector of the economy must also consult the MEC responsible for local government prior to requesting the Minister to evaluate evidence that a rate on any specific category of properties or a rate on any specific category of properties above a specific amount in the Rand is unreasonably prejudicing any of the matters listed in section 16 (1). The clause in addition limits the period within which such a request may be submitted to the Minister to within 12 months of the date of imposition of the applicable rate.
for the exclusion from rating of the property, the market value of which does not exceed an amount as determined by the Minister with the concurrence of the Minister of Finance, which is owned by a recipient of an older persons grant or disability grant.
that notwithstanding the provisions of section 78, if the exclusion from rates of a property used as such an official residence lapses, the religious community owning the property becomes liable to the municipality concerned for any rates that it not been for the exclusions provided for in section 17, would have been payable on the property, during the period of one year preceding the date on which the exclusion.
Clause 11 amends section 19 of the Act so as to provide that a municipality may levy different rates on residential properties if such properties are vacant, not used for any purpose or not used for the permitted purpose.
Clause 12 amends section 20 of the Act so as to authorise the Minister with the concurrence of the Minister of Finance to set different limits for different kinds of municipalities as may be determined and to delay the implementation of a limit contemplated in that section for a pre-determined period.
Clause 13 amends section 25 so as to provide that the owner of exclusive use areas in a sectional title scheme is liable for payment of rates whether this owner is the Body Corporate or owner of a unit in the sectional title scheme.
Clause 14 amends section 27 to provide that the person liable for a rate must furnish the municipality with his of her postal address.
Clause 15 amends section 30 so as to provide that properties that are fully excluded from rates need not be valued. In addition, the clause provides that certain properties that are excluded from rates must be included in the valuation roll whether they were valued or not.
Clause 16 amends section 32 so as to extend the validity of a valuation roll from four to five years and to provide that the MEC for local government may extend such validity to seven years.
Clause 17 amends section 34 so as to make it a requirement that a municipal valuer submits a monthly progress report to the municipal manager on the valuation of properties.
Clause 18 amends section 42 so as to make it mandatory that the body corporate or the managing association controlling a sectional title scheme and a share block company respectively must give the valuer access to documents or information required by the valuer for the purposes of valuing the property.
Clause 19 amends section 46 so as to provide that a mining right or mining permit is not to be considered for purposes of valuing a property.
Clause 20 amends section 53 so as to require a municipal valuer to notify an objector of the valuer's decision together with the reasons for such decision and repeals the requirement for a property owner to request such reasons in writing at a fee.
Clause 21 amends section 53 so as to extend the period for the lodging of an objection from 30 to 50 days and effects a consequential amendment to section 54 due to the amendment of section 53.
Clause 22 amends section 55 so as to remove the requirement for the payment of interest by a property owner affected by an upward adjustment of the valuation of their property and to provide for the municipality to repay a property owner with interest where there is a downward adjustment of the valuation of a property.
Clause 23 amends section 56 so as to delete the mandatory requirement for the establishment of a valuation appeal board in every district municipality.
Clause 24 amends section 58 so as to provide that the membership of an appeal board may include a professional associated valuer without restrictions and with a minimum of ten years experience.
Clause 25 amends section 78 so as to extend the circumstances under which a supplementary valuation must be made to include a property the value of which was incorrectly recorded in the valuation roll as a result of a clerical or typing error; to amend the dates on which a supplementary valuation takes effect and the dates from which rates are payable on properties affected by a supplementary valuation. In addition the clause provides for the notification of owners of properties effected by a supplementary valuation.
Clause 26 amends section 80 so as to extend the provisions, the non compliance of which may not be condoned.
Clause 27 amends section 81 so as to equip an MEC for local government to more effectively monitor municipalities in the implementation of the Act and more especially the process of the compilation of a valuation roll and generally strengthen the monitoring of compliance with the provisions of the Act.
Clause 28 amends section 83 so as to provide for appropriate differentiation in the implementation of the regulatory framework of the Act and to provide for phasing in of the regulatory framework of the Act where necessary and where appropriate exempt any municipality from certain provisions of regulations on the basis of appropriate conditions as may be determined.
Clause 29 repeals section 88 as this section no longer serves any purpose.
Clause 30 inserts a new section 89A, to provide for transitional arrangements regarding the use of valuation rolls and supplementary valuation rolls in instances where there is a redetermination of a municipal boundary.
Clause 31 substitutes section 90 so as to provide for transitional arrangements regarding the use of existing rates policies in instances where there is a redetermination of a municipal boundary.
Clause 32 repeals sections 91, 92 and 93 as these sections no longer serve any purpose.
Clause 33 inserts a new section 93A which provides for the phasing in of the prohibition on the levying of rates on certain types of public service infrastructure.
Clause 34 provides that the provisions of section 8, as amended by this Act, take effect on different dates in respect of different municipalities depending on the date by which a municipality implemented the Act for the first time.
Clause 35 contains the short title.
Financial implications are envisaged to the extent that provincial departments responsible for local government will have to augment their establishments in a manner that allows the MEC responsible for local government in a province to perform hands-on monitoring of municipal implementation of the Act taking into account the detailed monitoring provisions expressed in the amendments to section 81 and those connected thereto in particular. It must be emphasised that despite the proposed amendments to the Act, provincial departments responsible for local government should ideally have commensurate establishments if they are to fulfil their constitutional monitoring and support role.
It is envisaged that the provisions to exclude certain public service infrastructure (PSI) from rating are the main provisions that will have financial implications that are of significance, in particular for those municipalities that currently rate such PSI. Out of the 257 municipalities that have the power to levy property rates 71 municipalities that responded to a targeted survey reported rating PSI in the 2009/1 0 and 2010/11 financial years and the estimated financial implications of excluding PSI from rating would be approximately R73,993,000, about 0.43% of their estimated total rates revenue.
The State Law Advisers and the Department of Co-operative Governance are of the opinion that the Amendment Bill must be dealt with in accordance with the procedure prescribed by section 75 of the Constitution. The Bill does not fall within the functional areas listed in Schedule 4 of the Constitution, nor does it provide for legislation envisaged in the sections referred to in section 76(3) of the Constitution.
The State Law Advisers are of the opinion that it may be necessary to refer this Bill to the National House of Traditional Leaders in terms of section 18(1) of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003), because although it does not contain provisions pertaining directly to customary law or customs of traditional leaders it does to some extent impact on matters of land tenure in respect of lessees of certain properties to which a land tenure right applies.
<fn>GOV-ZA.34359341En.2012-02-10.en.txt</fn>
STAATSKOERANT, 10 JUNIE 2011 No.
I. Dr Rob Davies.
Issues for public comment, the DRAFT INFORMATION AND COMMUNICATION TECHNOLOGY SECTOR CHARTER (The Draft Code) as provided for in Code 000 Statement 003 of the Codes of Good Practice under Section 9 (5) of the Broad Based Black Economic Empowerment Act (Act No.
Invite interested persons and the public to submit comments on the draft code within 60_days from the date of this publication.
Dr Rob Davies.
The ICT Sector stakeholders compnstng the Broadcasting, Electronics, Information Technology and Telecommunications sub-sectors; together with participants from the social partners, namely Government, Labour, Community, and ICASA, initiated a process of developing a Black Economic Empowerment Charter for the ICT Sector.
The Broad Based Black Economic Empowerment Act 53 of 2003 (BBBEE Act) and government's generic Black Economic Empowerment Codes of Good Practice, aims to address inequities resulting from the systematic exclusion of black people from meaningful participation in the economy. The ICT Code of Good Practice aims to do this for the ICT sector.
Comply with the requirements of the ICT Sector Code as defmed hereunder and where possible meet and exceed targets across the sector.
Having initiated the process of developing the BEE Charter for the ICT sector, we therefore propose this Draft ICT Sector Charter to be gazetted as a Code of Good Practice for the ICT sector in terms of Section 9(5) of the BBBEE Act, (BBBEE Act 53 of 2003), before it is finally gazetted as a Sector Code in terms of Section 9 (1) of the BBBEE Act.
Once gazetted as the Sector Code, it shall remain effect until amended substituted or repeal under section 9 of the Act.
000 Framework for measuring Broad-Based Black Economic Empowermen!
800 Measurement ofQualifying Small Enterprises of Broad-Based Black Economic Enlpvwu.
300 ~-400 -ICT Code series 300 The general principles for measuring Employment Equity -ICT Code series 400 The general principles for measuring Skills Development i !
1.9 Define the duration for the applicability of the Draft ICT Sector Charter.
COE-ICT-0309-03 6-60 2.
2.1 The fundamental principle for measuring B-BBEE compliance is that substance takes precedence over legal form.
2.2 In interpreting the provisions of the Draft ICT Sector Charter any reasonable interpretation consistent with the objectives of the Act and the B-BBEE Strategy must take precedence.
2.3 The basis for measuring B-BBEE initiatives under the Draft ICT Sector Charter is the BBBEE compliance of the measured entities at the time of measurement.
2.4 Any misrepresentation or attempt to misrepresent any enterprise's true B-BBEE Status may lead to the disqualification of the entire scorecard of that enterprise.
2.5 Initiatives whlch split, separate or divide enterprises as a means of ensuring eligibility as an Exempted Micro-Enterprise, a Qualifying Small Enterprises or a Start-Up Enterprise are a circumvention of the Act and may lead to the disqualification of the entire scorecard of those enterprises concerned.
2.6 Any representation made by an Entity about its B-BBEE compliance must be supported by suitable evidence or documentation. An Entity that does not provide evidence or documentation supporting any initiative, must not receive any recognition for that initiative.
2.7 Wherever a Standard Valuation Method applies to measuring an indicator, the same standard should apply, as far as reasonably possible, consistendy in all other applicable calculations in this statement.
\XThere the Draft ICT Sector Charter is silent on certain provisions, the provisions of the Generic Code shall take precedence.
All public entities listed in schedule 2 or schedule 3 \."
3.2 The basis for measuring the B-BBEE compliance ofan entity in terms of paragraph 3.
The Scorecard, in the case ofother enterprises.
4.1 Any enterprise with an annual Total Revenue of R 5 million or less qualifies as an Exempted Micro-Enterprises.
4.2 Exempted Micro-Enterprises are deemed to have B-BBEE Status of "Level Four Contributor" having a B-BBEE procurement recognition of 100% under paragraph 6.3.
4.3 Despite paragraph 4.2, an Exempted Micro-Enterprise qualifies for a promotion to a BBBEE Status of "Level Three Contributor" having a B-BBEE procurement recognition of 110% under paragraph 6.3 if it is -more than 50% owned by black people or by black women.
4.4 Exempted Micro-Enterprises are allowed to be measured in terms of the QSE scorecard should they wish to maximise their points and move to the next procurement recognition level.
4.5 Sufficient evidence of qualification as an Exempted Micro-Enterprise is an auditor's certificate or similar certificate issued by an accounting officer or verification agency.
5.1 Any enterprise with an annual Total Revenue of between R5 million and R35 million qualifies as a Qualifying Small Enterprise.
5.2 A Qualifying Small Enterprise must select any four of the seven Elements of B-BBEE for the purposes of measurement under the Qualifying Small Enterprise Scorecard contained in Code 800. Where a Qualifying Small Enterprise does not make a selection, its four best element scores will be used for the purposes of measurement.
6.1 Start-up enterprises must be measured as Exempted l\ficro-Enterprises under this statement for the first year following their formation or incorporation. This provision applies regardless of the expected total revenue of the start-up enterprise.
6.3 In order to qualify as a Start-up Enterprise, the enterprise must provide an independent confirmation of its status.
6.4 Despite paragraph 6.1 and 6.2, Start-up Enterprises must submit a QSE Scorecard when tendering for any contract, or seeking any other business covered by section 10 of the Act, with a value higher than R 5 million but less than R35 million. For contracts above R35 million they should submit the scorecard. The preparation of such scorecards must use annualised data.
COE-ICT-0309-03 8-60 7.
7.1 The Ownership Element, as set out in Code series 100, measures the effective ownership of enterprises by black people.
7.2 The Management Control Element, as set out in Code series 200, measures the effective control of enterprises by black people.
7.3 The Employment Equity Element, as set out in Code series 300, measures initiatives intended to achieve equity in the workplace under the Act, and the Employment Equity Act.
7.4 The Skills Development Element, as set out in Code series 400, measures the extent to which employers carry out initiatives designed to develop the competencies of black employees.
7.5 The Preferential Procurement Element, as set out in Code series 500, measures the extent to which enterprises buy goods and services from suppliers with strong B-BBEE procurement recognition levels.
7.6 The Enterprise Development Element, as set out in Code series 600, measures the extent to which Enterprises carry out initiatives intended to assist and accelerate the development and sustainability of other Enterprises.
The Socio-Economic Development and Sector Specific Contributions Element, as set out in Code series 700, measures the extent to which enterprises carry out general and ICT sector specific initiatives that contribute towards Socio-Economic Development and that promote access to the economy for black people. Two-thirds of such spend must be spent on ICT sector specific initiatives.
Based on the overall performance of a Measured Entity using the Scorecard.
Level Eight Contributor ~30 but <40 on the Scorecard.
Throughout the Draft ICT Sector Charter, various criteria appear which advance the interests of certain categories of black people.
9.2 Black people with disabilities, black youth, black people living in rural areas and black unemployed people who must form between 2 and 3% of the beneficiaries of all Elements of the Scorecard.
10.1 Verification of BEE compliance is encouraged and to this end, the dti will from time to time issue dear guidelines on the verification process.
10.2 SANAS is a national accreditation body that operates in compliance with d1e requirements for accreditation bodies as defined in d1e International ISO /IEC Guide 62 and ISO 17011.
10.3 Accreditation of BEE verification agencies will be conducted by SANAS on behalf of the dti in terms of the accreditation criteria that will be developed, maintained and enforced by SANAS.
10.4 Such Accreditation Standards govern the terms and conditions, on which the Accreditation Body may grant, refuse to grant, revoke or suspend an accreditation of a Verification Agency.
10.5 Those verification agencies wishing to apply for accreditation will do so through SANAS.
10.6 The dti encourages the establishment of an independent industry Body that will provide guidance to the verification industry through the development and maintenance of high quality and reliable BEE verification services.
10.7 The dti together with the relevant Industry Body will from time to time develop Verification Methodology and other relevant practices d1at will be used as standards by all verification agencies.
COE-ICT-0309-03 10-60 10.8 The dti together with the Accreditation Body will implement such mechanisms as may be necessary to ensure that Verification Certificates are accurate and reliable.
The transitional scorecard.
11.2 Thereafter, all B-BBEE compliance measurement under the ICT Sector Codes for Medium and Large enterprises is subject to the use of the ICT Scorecard.
B is the total score achieved under Code series 100 and 200 12.
The Minister of Trade and Industry may, by notice in the Gazette, adjust the thresholds in paragraphs 4 to 6. Any such changes apply to compliance reports prepared for enterprises after a 12-month period following the gazetting of the adjustment.
13.1 The ICT Codes shall be affective and legally binding from the date of gazette to 31't March 2026 with a midterm five year review on the 31st March 2016 or until amended, substituted or repealed under of the Act.
13.2 111e process for the amendment of the ICT Codes will follow the process set out in the Generic Codes for the development of Sector Codes. Any amendments to the Generic Codes must result in a review of the ICT Codes for purposes of harmonisation.
13.3 1b.e Minister of Trade and Industry will review the Generic Codes following the end of the tenth year following the commencement date of the Generic Codes. Despite the aforementioned, annual reviews will take place to monitor the implementation of B-BBEE throughout the economy. If, as a result of such review any changes are made to the Generic Codes, the ICT Codes will also be harmonised with the Generic Codes following the same process set out in 13.
1.2 SpecifY scorecards applicable to Measured Entities subject to this statement.
2.1 Public entities and other Enterprises wholly owned by organs of state are incapable of evaluation of black ownership under Code series 100 2.2 Higher Education Institutions are not public entities under the Public Finance Management Act of 1999. They are incapable of evaluation of black ownership under Code series 100.
2.3 Companies limited by guarantee and section 21 companies have no shareholding. They are incapable of evaluation of black ownership under Code series 100.
COE-ICT-0309-03 12-60 companies limited by guarantee and section 21 companies sharing in the ownership of other Enterprises cannot contribute towards black ownership to such Enterprises as provided for in Statement 100.
1bis does not imply that Non-profit Organisations and Public Benefit Organisations sharing in the ownership of other Enterprises as broad-based ownership schemes cannot contribute towards black ownership to such Enterprises as provided for in Statement 100.
2.5 Wherever any of the entities listed in paragraphs 1 and 2 require evidence of their own BBBEE compliance, they will use the Adjusted Scorecard. If those entities are also Qualifying Small Enterprises, they will use the Adjusted Qualifying Small Enterprises Scorecard.
Code series reference that specifies the mechanisms for measurement and calculation of each of the Elements of the scorecard (Code series 100-700).
Emplo-.
Socio-Economic Development 22 points 20 points 11 points 22 points 400 500 600 700 3.
All other terms of statement 000 apply to Measured Entities subject to this statement. mutatis mutandis.
Code series reference that specify the mechanisms for measurement and calculation of each of the Elements of the scorecard (Code series 100-700).
A Measured Entity, subject to this statement, that is a Qualifying Small Enterprise must choose any four of the six Elements of B-BBEE against which their B-BBEE compliance will be measured under the Adjusted Qualifying Small Enterprise Scorecard.
The status of Socio-Economic Development Contributions made to any of the types of entities in paragraphs 1 and 2 under Code series 700 is not dependent on such entity's scorecard result, but rather the nature of the contribution itself and the identity of that contribution's beneficiaries.
1.5 Specify the formula for measuring Voting Rights, Economic Interest, Realisation Points and bonus points.
COE-ICT-0309-03 15-60 2.
Exercisable Voting Rights in the Enterprise in the hands of black people 3 30%.
Economic Interest of black people in the Enterprise 4 30%.
Economic Interest of the following black natural people in the Enterprise: 1 2.
Ownership fulfilment 1 Refer to paragraph 10.
Net Value 7 Refer to Annexe C paragraph 4 2.
An Enterprise receives points for parttclpation by black people in its rights of ownership, using the ownership scorecard in paragraph 2.
To be read with paragraph 6.
3.1.1.8 A Trust.
As a general principle, when measuring the rights of ownership of any category of black people in a Measured Enterprise, only rights held by natural persons are relevant. If the rights of ownership of black people pass dttough a juristic person, then the rights of ownership of black people in that juristic person are measurable. This principle applies across every tier of ownership in a multi-tiered chain of ownership until that chain ends with a black person holding rights of ownership.
3.2.2.2 TI1e result of this calculation represents the percentage of rights of ownership held by the Participant.
The Modified Flow-Through Principle applies to any BEE owned or controlled company in the ownership of the Measured Enterprise.
In calculating Exercisable Voting Rights under paragraph 2.1.1. and Economic Interest under paragraph 2.2.1 the following applies: \Xlhere in the chain of ownership, black people have a flow-through level of participation in excess of 50%, then only once in that chain may such black participation be treated as if it were 100% black.
The Modified Flow-Through Principle may only be applied in the calculation of the indicators in paragraphs 2.1.1 and 2.2.1. In all other instances, the Flow-Through Principle applies.
COE-ICT -0309-03 17-60 3.
When determining ownership in a measured entity, ownership held direcdy by organs of state or public entities must be excluded.
Despite paragraph 3.4.1 and 3.4.2, the Minister of Trade and Industry may by notice in the gazette, designate certain Public Entities as BEE Facilitators.
3.4.3.5 Without any third-party rights.
When determining ownership in a measured entity, rights of ownership of Mandated Investments may be excluded. The maximum percentage of the ownership of any measured entity thatmay be so excluded is 40%.
A Measured Entity electing not to exclude Mandated Investments when it is entided to do so, may either treat all of that ownership as non-black or obtain a competent person's report estimating the extent of black rights of ownership measurable in the Measured Entity and originating from that Mandated Investment.
A Measured Entity cannot selectively include or exclude Mandated Investments and an election to exclude one mandated investment is an election to exclude all Mandated Investments and visa versa.
3.5.1.3 Transformation has taken place within the measured enterprise.
Black participation arising from continued recognition of black ownership cannot contribute more than 40% of the score on the ownership scorecard.
3.5.3.2 The period over which the points were allocated or recognised will not exceed the period over which the shares were held.
3.5.4.3 The ownership points that were attributable to the Measured Enterprise on the date of sale or loss.
A maximum of 40% of the total points on the ownership scorecard of the Measured Entity if they meet the qualification criteria set out in Annexe 100(B).
100% of the total points on the ownership scorecard of the Measured Entity if they meet the additional qualification criteria set out in Annex 100(B).
More than 50% of the value of funds invested by any Private Equity Fund must at all times be invested in black owned enterprises that were at least 25% black owned before the investment of the Private Equity Fund.
COE-ICT-0309-03 19-60 6.
6.1 A Section 21 company or company limited by guarantee that houses a Broad-Based Ownership Scheme or an Employee Ownership Scheme is subject to the provisions governing those types of schemes and not to this paragraph.
6.2 When a Measured Entity elects to exclude such companies, it can do so by excluding up to 40% of the level of their ownership completely from the determination of its compliance with the ownership target.
6.3 A Measured Entity electing not to exclude section 21 companies or companies limited by guarantee when it is entitled to do so, may either treat all of that ownership as non-black or obtain a competent person's report estimating the extent of black rights of ownership measurable in the Measured Entity and originating from those section 21 companies or companies limited by guarantee.
a maximum of 40% of the total points on the ownership scorecard of the Measured Entity if they meet the qualification criteria for Broad-Based Ownership Schemes set out in Annexe 100(B).
100% of tl1e total points on the ownership scorecard of the Measured Entity if they meet the additional qualification criteria set out for Broad-Based Ownership Schemes in Annex 100(B).
6.5 If tl1e rand value of the total BEE stake is in e.>:cess of R7.5billion, then the company will be considered to be compliant with the equity target in the scorecard. In tl1e case of listed companies, the prescribed minimum free float (20%) will be excluded from computation of the target, subject to a minimum of 25.1% for the purposes of minority protection; In the case of SOE's, the target is 30% of that component of equity that is not in government hands.
The Draft ICT Sector Codes deviates from the Generic Codes on tl1e ownership target which has been increased to 30%. The substance of the deviation of the draft ICT sector Code from the Codes of Good Practice (25.1% +1) is the recognition by the ICT sector to accelerate the pace of transformation in the sector, thus ensuring more companies in the hands of black people. The ICT sector believes that given the pace of transformation and black ownership in the sector, it may take longer to bring about real transformation in the sector if the sector is to adopt the 25%+1 compliance target. This is also to recognize the uniqueness of the ICf sector and tl1at it cannot be treated as any other sector, hence the deviation from the compliance target in the codes ofgood practice.
The R 7.5 Billion figure was agreed position by the industry as a catalyst to accelerate transformation. The figure was agreed for taking into consideration the size of entities in the sector. However, this is not a static figure it could change after a period of time in the process of transformation to ensure the targeted figure of 30% black ownership is achieved.
With regard to the free float of 20 percent, the Electronic Communications Act requires that for each company to be granted a license, 30% must be owned by HDis. With regard to companies listed in the JSE, they are required to maintain a minimum of 20% free float, i.e. shares that are freely available to the investing public. This means that 20% of the issued share capital is not under the control of the officers of the company. It was then agreed that listed companies should have 30% of the issued share capital that could be under the control of the officers, meaning that 30% of the 80% of the issued share capital. This translates to 24% of the issued share capital. It was also agreed that black investors should have their position strengthened as they are minority shareholders. It was therefore agree that they should have 25.
a maximum of 40% of the total points on the ownership scorecard of the Measured Entity if the trust meets the qualification criteria for Trusts set out in Annexe 1 OO(B).
100% of the total points on the ownership scorecard of the Measured Entity if they meet the additional qualification criteria set out for Trusts in Annex 100(B).
the value of any Economic Interest is irrevocably transferred for the option period and paid to the holder of that instrument before the exercise of that right.
The value of an instrument must be determined by using a Standard valuation method for calculating the Net value.
9.1 An Equity Instrument carrying preferent rights is measurable in the same manner as an ordinary Equity Instrument.
9.2 An Equity Instrument carrying preferent rights that has the characteristics of a debt, regardless of whether the debt is that of an Enterprise or of a Participant, is an ordinary loan. If the debt is that of a black Participant, it may be subject to measurement under Current Equity Interest.
9.3 In evaluating an instrument that has a hybrid nature including the characteristics of a debt, only that portion that represents a debt, will be measured under current equity interest. The remainder is measurable as an ordinary equity instrument.
10.1 Ownership FulfJ.
on the release of all black Participants in a Measured Entity from all third-party rights arising from the fmancing their transaction with the Measured Entity; or if all black Participants in the Enterprise have never been subject to any such third-party rights.
11.1 A Measured Entity with 25% black Economic Interest, can receive a maximum of 2 bonus points for a 10% holding of Economic Interest by black new entrants.
Co-Operatives.
1.1 Set out the conditions where the Sale of Assets, Equity Instruments and other Businesses will be recognised.
Set out how the Ownership points will be deterrnined.
Equity Instruments in an Enterprise.
A Seller that has concluded a transaction involving a sale of asset, Equity Instrument or business with an Associated Enterprise may claim the benefits provided for in this statement in its own Ownership Scorecard.
Where a Seller has claimed benefit in terms of the Ownership scorecard for the Sale of Asset, Equity Instrument or Business it may not claim benefits under the Enterprise Development Element.
COE-ICT-0309-03 24-60 3.2.1.
3.2.1.2 Result in the transfer of specialised skills or productive capacity to black people.
3.2.2.2 Clients, customers or suppliers other than the Seller.
Any operational outsourcing arrangements between the Seller and the Associated Enterprise must be negotiated at arms-length on a fair and reasonable basis.
3.2.4.2 Sales of franchises by franchisors to franchisees, but includes sales of franchises from franchisees to other franchisees or to new franchisees.
4.1 The calculation of the ownership points in terms of paragraph 2.3.2.
The value of the transaction.
4.2 All calculations in terms of paragraph 4.1.1 to 4.1.3 must use a Standard valuation method.
4.3 The Seller may claim the point for Ownership Fulfihnent only if both the Seller and the Associated Enterprise comply with the requirements for the award of that point.
Apply only to the ownership indicators in paragraphs 2.1 and 2.
Do not apply to the ownership indicators ill paragraphs 2.3 and 2.4 of the Ownership Scorecard.
4.5 The Seller must include the Equivalency Percentages in its own Ownerslup Scorecard as if those percentages arose from black ownership of Equity Instruments in the Seller.
Equivalency Percentages for the indicators in paragraphs 2.1 and 2.2 of the Ownership Scorecard can be calculated in terms of Annexe 102(A).
5.1 A Seller seeking recognition of a Transaction in its Ownership Scorecard must determine that recognition under paragraph 4 in compliance with paragraph 2.
5.1.2.2 The values of the Qualifying Transaction and benefit to the Seller at the date of measurement in the third year after the transaction.
Any Equity Equivalent Contributions towards the Ownership Element of B-BBEE made by entity applying for recognition of equity equivalents are measurable against the value of their operations in the Republic of South Africa.
3.1 The Minister of Trade and Industry may, approve certain Equity Equivalent Programmes after the entity applying for recognition of equity equivalents has consulted with the Minister of Communications with respect to their equity equivalent proposal and the 1\finister of Communications has forwarded a recommendation to the Minister of Trade & Industry.
3.2 Any Equity Equivalent Programme forming part of a Sector Code constitutes an approved programme.
3.3 Equity Equivalent Programmes are preferably Sector Specific, but the Minister of Communications may consider requests for approval of programmes that are not Sector Specific.
COE-ICT-0309-03 27-60 3.
3.4.1.1.4 Establishing partnerships with black owned, black empowered, black engendered entities or S:MMEs' in the placing of substantial new investments in global markets.
Any other programmes that promote Socio-Economic advancement or contribute to the overall soda development of the Republic of Soud1 Africa.
Details about the sponsors of the programme.
Communities, natural persons or groups of natural persons where at least 75% of the beneficiaries are black people and the same percentage of economic value is derived by black people.
4.1 The ownership score of a Multinational participating in an Equity Equivalent Programme is calculated in terms of paragraph 4.3. A Multinational participating in an Equity Equivalent Programme cannot receive any points for ownership under any statement in Code Series 100 other than this statement.
The Ownership Score under an Equity Equivalent Programme using either of the targets in paragraphs 4.2 must be calculated in terms ofAnnexe 1 03(A).
COE-ICT-0309-03 29-60 5.
5.1.1.4 The equity equivalent contribution must involve the provision of interest free loans, No-Gain Grants or Human Capital Investments to the new Enterprise equivalent in value to 50% of the new Enterprise's projected operational costs for the first 3 years following its establishment.
An equity equivalent contribution of the entity applying for recognition of Equity Equivalents that involves enhanced Socio-Economic Development.
5.2.1.2 Cannot form part of the score of the entity applying for recognition of Equity Equivalents under Code series 700.
6.1 Any contributions towards the ownership Element of B-BB-BBEE made by ent1t1es applying for recognition of Equity Equivalents are measurable against the value of their operations in the Republic of South Africa.
6.2 In calculating their ownership score, entities applying for recognition ofEquity Equivalents must apply the Exclusion Principle to any portion of the business value of their South African operations gained from non-South African sources. A Standard valuation method must be used to determine the value of the South African operations.
The rights of ownership in the Equity Instnunents are comparable to rights that would have accrued had the Equity Instnunent B-BBEE in the business of the entity applying for recognition of Equity Equivalents.
The calculations for measuring compliance.
Exercisable Voting Rights of black Board members I3 50% using the Adjusted Recognition for Gender . 2.1.
Bonus points: !
COE-ICT-0309-03 32-60 3.
3.1 Senior Top Management positions include the chief executive officer, the chief operating officer, the chief financial officer and other people holding similar positions.
Other Top Management positions include the chief information officer, the head of marketing, the head of sales, the head of public relations, the head of transformation, the head of human resources and other people holding similar positions.
4.1 A Measured Entity receives points by meeting the targets for participation of black people and black women at Board and Top Management level.
4.2 A Measured Entity must use the data in calculating its score under the Management Control scorecard used in its returns flied with the Department of Labour under the Employment Equity Act. This does not apply to Measured Entities exempt from flling such returns.
4.3 A Measured Entity that does not distinguish between Top Management and Senior Management may include its Senior I\1anagement under this statement.
4.4 If a Measured Entity does not distinguish between Senior Top lvianagement and Other Top Management, then Top Management is measurable as a single indicator with a Weighting of 5 points under paragraphs 2.2.1 and 2.2.2.
If Measured Entities do appoint Non-Executive Independent Board Members, they are encouraged to appoint persons who do not serve in that capacity for any other Measured Entity.
The Adjusted Recognition for Gender is calculated in terms of formula "A" in Annexe 200(A).
6.1 The Management Control indicators provided for in the Management Control Scorecard must be calculated in terms of formulas "B" and "C" in Annexe 200(A).
6.2 If a Measured Entity gains a score for a Management Control indicator that is more than the relevant weighting points, that Enterprise will only receive the Weighting points.
Define the formula for calculating the score for Employment Equity.
Compliance targets point~ !
I Black employees in l\1iddle Management as a 3 63% 75% percentage of all such employees using the -0-djusted Recognition for Gend!
EAP targets in each category under 2.1.
The Weighting points in the Employment Equity scorecard represent the maximum number ofpoints possible for each of the criteria.
3.1 Wherever possible, a Measured Entity must use the data that it ftles with the Department of Labour under the Employment Equity Act in calculating its score under the employment equity scorecard.
No Measured Entity shall receive any points under the Employment Equity Scorecard unless they have achieved a sub-minimum of 40% of each of the targets set out on the Employment Equity Scorecard in respect of the both five year periods.
3.2 In order for a Measured Entity to achieve bonus points at a particular levd, the entity needs to meet or exceed the EAP targets.
3.3 A Measured Entity exempt from filing returns must compile its data for calculating its score under the Employment Equity Scorecard using the guidelines set out in the Employment Equity Act and its EE Regulations.
3.4 If the organisational structure of a Measured Entity does not distinguish between Middle Management and Junior Management, it can consolidate those Measurement Categories against the targets for Junior Management.
Junior Management-3 points.
Black women employees in each Measurement Category qualify for enhanced recognition using the Adjusted Recognition for Gender.
The Adjusted Recognition for Gender is calculated in terms of the formula set out in Annex (300A).
The criteria in the Employment Equity scorecard is measured in terms of the formula set out in Annex 300(A).
The formula for measuring the Skills Development Element ofB-BBEE.
0.3% Programmes specified in the Learning Programmes J\.
Number of black.
2.2 The Weighting points in the Skills Development scorecard represent the maximum number of points possible for each of the criteria.
They have implemented programmes targeted at developing Priority Skills generally, and specifically, for black employees.
3.2 Expenses on scholarships and bursaries for employees does not constitute Skills Development Expenditure if the Measured Enttty can recover any portion of those expenses from the employee or if the grant of the scholarship or bursary is conditional.
The obligation of continued employment by the Measured Entity for a period following successful completion of their studies is not more than the period of their studies.
3.3 Any Skills Development Expenditure by a Measured Entity that is an ABET programme is recognisable at a multiple of 1.25 to the actual value of such Skills Development Expenditure.
3.4 Skills Development Expenditure includes any legitimate expenses incurred for any Learning Programme offered by a Measured Entity to its employees evidenced by an invoice or appropriate internal accounting record.
3.5 Skills Development Expenditure arising from Uncertified Learrung Programmes or from Category G Learning Programmes under the Learning Programmes Matrix cannot represent more than 15% of the total value of Skills Development Expenditure.
Administration costs such as the organization of traltl11lg including, where appropriate, the cost to the Measured Entity of employing a skills development facilitator or a training manager.
Salaries or wages paid to an employee participating as a learner in any Learning Programme only constitute Skills Development Expenditure if the Learning Programme is a Leamership or falls within Category B; C; or D of the Learning Programme Matrix.
The calculation of the Adjusted Recognition for Gender is set out in formula "A" in Annexe 400(B).
The formula that explains the method of measurement of the criteria in the Skills Development scorecard is in terms of formula "B" in Annexe 400(B).
The Minister of Trade and Industry may from time to time, by notice in the gazette, revise or substitute the Learning Programme Matrix. Any changes will only be applicable to Compliance Reports prepared for a Measured Entity for the first 2-month period following the gazetting of a revision or substitution.
1.5 111e formula for calculating d1e individual criteria specified in the Preferential Procurement scorecard.
I 2.1.5 Bonus points allocated up to a maximum of 2 points for B-BBEE spend from enterprises referred to in 2.1.
to in 2.1.
3.1 The Weighting points in the Preferential Procurement scorecard represent the maximum number ofpoints possible for each of the criteria.
3.2 All goods and services procured by the Measured Entity, other than any portion specifically excluded in terms of this statement, is measurable in calculating its Total Measured Procurement Spend.
a recipient of enterprise development contributions from the Measured Entity under Code series 600, the recognisable B-BBEE Procurement Spend that can be attributed to that Supplier is multiplied by a factor of 1.
COE-ICT-0309-03 40-60 a Value-Adding Supplier, the recognisable B-BBEE Procurement Spend that can be attributed to that Supplier is multiplied by a factor of 1.25.
This statement applies to all areas of procurement.
4-.1 A key intention of this statement is to promote the use by MeastLted Entities, of black owned professional service providers and entreprenetLts as suppliers.
qualify as value-adding suppliers thereby attracting the benefits in paragraph 3.3.2.
5.8 Pension and medical aid contributions: payments made to any post retirement funding scheme or to a medical aid or similar medical insurer by a Measured Entity for its employees, excluding any portions of such payments which are a contribution to a capital investment of the employee.
5.10 Empowerment related expenditure: all goods and services procured in carrying out BBBEE.
5.12 Intra-group procurement: except as provided in statement 002, all goods and services procured from subsidiaries or holding companies of the Measured Entity.
all goods and services procured from organs of state and public entities listed in Schedule 1 of the Public Finance Management Act of 1999.
COE-ICT-0309-03 42-60 6.6.1.
imported goods and services other than those listed in paragraph 6.6.
6.6.2.2 have different technical specifications to the locally produced goods or services.
7.1 B-BBEE Procurement Spend is the value of the procurement falling within paragraph 5 and not excluded by paragraph 6. If a supplier falls within a category of supplier listed in paragraph 3.3 or 4, the value of procurement from that supplier is multiplied by the applicable factor listed in paragraph 3.3.
7.2 B-BBEE Procurement Spend can be measured in terms of formula "A" in Annexe 500(A).
7.3 The B-BBEE Procurement Spend for a Measured Entity in respect of a supplier is calculated by multiplying the spend contemplated by paragraph 5 (and not excluded by paragraph 6) in respect of that supplier by the supplier's B-BBEE Recognition Level.
7.4 A Measured Entity's Total Procurement Spend is the total of all amounts calculated in terms of paragraph 7.3.
8.2 The Measured Entity's score for Preferential Procurement contributions to B-BBEE under the preferential procurement scorecard can be calculated in terms of formula "B" in Annexe 500(A).
1.3 The formula for calculating the individual criteria specified in the ED scorecard.
Measured Entity as~ ~ercentage of the target.
2.3 The weighting points in the ED scorecard represent the maximum number of points possible for each of the criteria.
The ICT sector has set the target of 5% Net Profit After Tax (NPA T) for Enterprise Development to accelerate transformation in the sector by developing black owned ICT companies. The Enterprise Development spend shall include fmancial and non-financial spend on enterprises including transfer of business skills to black owned ICT businesses in order to grow the sector.
Measured Entities receive recognition for any Qualifying Enterprise Development Contributions that are quantifiable as a monetary value using a Standard Valuation Method.
Enterprise Development Contributions consist of monetary or non-monetary, recoverable or non-recoverable contributions actually initiated and implemented in favour of beneficiary entities by a Measured Entity with the specific objective of assisting or accelerating the development sustainability and ultimate financial and operational independence of that beneficiary. This is commonly accomplished through d1e expansion of those beneficiaries' financial and/or operational capacity.
The full value of Category A Enterprise Development Contributions, adjusted using the Benefit Factor, multiplied by 1,25 is recognisable.
The full value of Category B Enterprise Development Contributions is recognisable.
Recognition of Enterprise Development Contribution is limited to Qualifying Enterprise Development Contributions made to beneficiary entities.
3.2.4.1 Those contributions were initiated by the Measured Entity in favour of the beneficiary on the understanding that the beneficiary, as a result of those Enterprise Development Contributions, would over time meet the requirements of a beneficiary entity.
3.2.4.2 the beneficiary has met the definitional requirements of a beneficiary entity.
COE-ICT-0309-03 46-60 3.2.5.
3.2.5.17 <BR>the maintenance by the Measured Entity of an enterprise development unit which focuses exclusively on support of beneficiary entities or candidate beneficiary entities.
3.2.1.3 Providing skills development, training and mentoring in order to develop management skills through partnerships and skills transfer.
TI1e creation or development of the capacity of beneficiary entities which will enable them to manufacture and produce goods or provide services previously not available in d1e Republic of South Africa, may constitute an Enterprise Development Contribution.
New projects promoting beneficiation may constitute an Enterprise Development Contribution.
Provision of preferential credit facilities to a beneficiary entity by a Measured Entity may constitute an Enterprise Development Contribution.
providing training or mentoring to beneficiary communities by a Measured Entity. (Such contributions are measurable by quantifying the cost of tinle (excluding travel or commuting time) spent by staff or management of the Measured Entity in carrying out such initiatives.
COE-ICT-0309-03 47-60 and expertise of the trainer or mentor, must support any claim for time costs incurred.
3.2.9.1 Maintaining an enterprise development unit by the Measured Entity. (Only that portion of salaries and wages attributable to time spent by the staff in, and the other expenses related to, promoting or implementing enterprise development constitute contributions.
3.2.9.2 Payments made by the Measured Entity to third parties to perform enterprise development on the Measured Entity's behalf.
The Minister of Trade and Industry may from time to time, by notice in the gazette, revise or substitute the Benefit Factor Matrix. Any changes will only be applicable to Compliance Reports prepared for a Measured Entity in respect of the first 12-month period following the gazetting of a revision or substitution.
1.3 the formula for calculating the individual criteria specified in the SED scorecard.
the company does not make a profit last year or on average over the last five years the net profit margin is less than a quarter of the norm in the industry.
Indicative profit margin is the profit margin in the last year where the company's profit margin is at least one quarter of the industry norm.
Points Targetf-A-:--v_er_a__g_e_a_n_n-ua_l_v_acc-lu--e-o-:f:--ac-cll-S-oc_i_oEc---o-n_o_ffil---.c_D_e_v_e....,.lo--p-m_en_t+-,1-:-2-------t-:-1.5% of NPAT.
Contributions by the Measured Entity as a percentage of the I . target 1 2.4 The weighting points in the SED scorecard represent the maximum number of points possible for each of the criteria.
2.5 The ICT sector recognizes that bridging the digital divide requires enterprises to undertake certain obligations in terms of access to ICT's so as to improve the lives of the people. Such programmes could be in the form of providing ICT's in education, health and programmes aimed at enhancing the lives of black communities or people. Consideration will also be to enterprises operating within the regulated sub-sector, to the existing license obligations placed on these enterprises.
Measured Entities receive recogrunon for any Socio-Economic Development Contributions that are quantifiable as a monetary value using a Standard Valuation Method.
Socio-Economic Development Contributions consist of monetary or non-monetary contributions actually initiated and implemented in favour of beneficiaries by a Measured Entity with the specific objective of facilitating sustainable access to the economy for those beneficiaries.
The full value of Socio-Economic Development Contributions made to beneficiaries is recognisable if at least 75% of the value directly benefits black people.
If less than 75% of the full value of Socio-Economic Development Contributions directly benefits black people, the value of the contribution made multiplied by the percentage that benefits black people, is recognisable.
COE-ICT-0309-03 50-60 3.2.4.
3.2.4.8 subject to paragraph 3.2.5.
3.2.4.9 subject to paragraph 3.2.5.2, the maintenance by the Measured Entity of a socioeconomic development unit which focuses only on support of beneficiaries and beneficiary communities.
providing training or mentoring to beneficiary communities by a Measured Entity. (Such contributions are measurable by quantifYing the cost of time (excluding travel or commuting time) spent by staff or management of the Measured Entity in carrying out such initiatives. A clear justification must support any claim for time costs incurred, commensurate with the seniority and expertise of the trainer or mentor).
Maintaining a socio-economic development unit by the Measured Entity. (Only that portion of salaries and wages attributable to time spent by tl1e staff in, and the other expenses related to, promoting and implementing socio-economic development constitute contributions.
Payments made by the Measured Entity to third parties to perform socio-economic development on the Measured Entity's behalf.
A measured entity who as a result of sector legislation is subject to obligations aimed at enhancing the socio-economic development of black people, and/or annual payments to a body tasked with socio economic development may count that contribution as part ofits compliance with the target.
Socio-Economic Development Contributions are measurable using the formula in Annexe 700 (B).
COE-ICf-0309-03 51-60 5.
The Minister of Trade and Industry may from rime to rime, by notice in the gazette, revise or substitute the Benefit Factor Matrix. Any changes will only be applicable to Compliance Reports prepared for a Measured Entity in respect of the first 12-month period following the gazetting of a revision or substitution.
1.1.1.3 specifY the principles in the Statements (100 700) applicable to QualifYing Small Enterprises.
Any enterprise with an annual Total Revenue of between R5million and R35million qualifies as a QSE, if its qualification does not result from circumvention of the ICT Codes.
The following table represents the QSE Scorecard and contains the Elements of the scorecard and the Weighri.
Preferential procurement ~points 80?
A QSE must select any four of the seven Elements of B-BBEE for the pUrJ:>Oses of measurement under the QSE Scorecard. If a QSE does not make a selection, its four best element scores will be used for the purJ:>oses of measurement.
A QSE will be scored in proportion to the extent that it meets the compliance targets for those four elements.
The Weighting points in respect of any element in the scorecard represent the maxinlllm number ofpoints possible fot each of the criteria.
Wherever a Standard Valuation Method applies to measuring an indicator, the same standard should apply, as far as reasonably possible, in all other applicable calculations in this statement.
The Adjusted Recognition for Gender must be used for the purposes of calculating the Employment Equity, Skills Development and Management Control element of the QSE scorecard.
Any matter concerning the application of the QSE scorecard that is not dealt with explicitly in this scorecard must be dealt with in terms ofiCT Codes 100-700.
Thereafter, all BEE compliance measurement under the ICT Codes for QSEs is subject to the use of the QSE Scorecard or, if applicable, a Sector Code.
A= Bx 1.
Where A is the indicative BEE Status during the transitional period B is the total score achieved under Code series 801 and 802 2.
2.1.3.1 Ownership fulfilment ·--······· 2.1.3.
2.2.1.1 An Enterprise receives points for participation by black people in its rights of ownership, using the QSE ownership scorecard.
COE-ICT -0309-03 54-60 an Employee Share Ownership Scheme; a Broad-Based Ownership Scheme; and a trust.
2.3.1.2 if black Participants have never been subject to any third-party rights.
2.3.1.3 A minimum score of 7 points for Net Value is a requirement for the award of the Ownership Fulfilment point.
A Measured Enterprise with 30% black Economic Interest, can receive a maximum of 2 bonus points for a 10% holding of Economic Interest by black women.
2.4.1.3 Broad-Based Ownership Schemes.
A Qualifying Small Enterprise may benefit from any of the other statements in the Code series 100. When electing to benefit from any of those statements, the provisions of those statements apply to the Qualifying Small Enterprise.
The Qualifying Small Enterprise Ownership Scorecard remains applicable to Qualifying Small Enterprise's even if they benefit from other statements in the Code series 100.
Any interpretation or calculation of a QSE's score for ownership must be made in accordance with statement 100.
Specific rules on certain types of enterprises (Broad-Based Ownership Schemes; Employee Share Ownership Schemes and Trusts).
COE-ICT-0309-03 55-60 3.
Black representation a~Jop-Management level. 25 150.
A Measured Entity receives points in proportion to the extent that it meets the targets for participation of black people and black women at Top-Management level.
Senior Top Management pos1t1ons include the chief executive officer, the chief operating officer, the chief financial officer and other people holding similar positions.
A Measured Entity receives points in proportion to the extent that it meets the targets for participation of black people and black women at Management level.
Wherever possible, a Measured Entity must use the data that it ftles with the Department of Labour under the Employment Equity Act in calculating its score under the employment equity scorecard.
In order for a measured entity to achieve bonus points at a particular level, the entity needs to meet or exceed the EAP targets.
A Measured Entity exempt from £iling returns must compile its data for calculating its score under the Employment Equity Scorecard using the guidelines set out in the Employment Equity Act and its EE Regulations.
The following table represents the criteria used for deriving a score for skills development under this statement: I Skills Develop:in_e_n_t_E_Ie-m--en-t---------~---···----,-iW==:-e""""'i-g--,-h-,ti:-n-g----,--,C,-o_m_p_l,.,..
Adjusted skills development spend on learning programmes 25 2% for black etn_pl<:lyees as a perce~tage of leviable arn.
Any Skills Development Spend by a Measured Entity that is an ABET programme is recognisable at a multiple of 1.25 to the actual value of such Skills Development Spend.
Skills Development Spend includes any legitimate expenses incurred for any Learning Programme offered by a Measured Entity to its employees evidenced by an invoice or appropriate internal accounting record.
5.2.3.7 administration costs such as organization of training including, where appropriate, the cost to the Measured Entity of employing a skills development facilitator or a training manager.
No portion of any salary or wage paid to any employee participating as a learner in any Learning Programme constitutes Skills Development Spend unless the Learning Programme is an In-service Training Programme.
All procurement of goods and services by the Measured Entity, other than such portion specifically excluded in this statement, is measurable in calculating Total Measured Procurement Spend of the Measured Entity.
6.2.2.1 a ree1p1ent of enterprise development contributions from the Measured Entity under Code series 600, the BEE Procurement Spend attributable to that Supplier multiplied by a factor of 1.
6.2.2.2 a Value-Adding Supplier, the BEE Procurement Spend attributable to that Supplier multiplied by a factor of 1.25 is recognisable.
Total Measured Procurement Spend of a Measured Entity and the Exclusions from Total Measured Procurement Spend must be determined in accordance with Statement 500.
7.1.1.1 the company does not make a profit last year or on average over the last five years.
7 .1.1.2 the net profit margin is less than a quarter of the norm in the industry.
7 .1.1.3 Ifthe Turnover is to be used, the target will be set at: 2% x Indicative Profit Margin (NPAT/Turnover) x Turnover. Indicative profit margin is the profit margin in the last year where the company's profit margin is at least one quarter of the industry norm.
Measured Entities receive recogmtton for any Qualifying Contributions that are quantifiable as a monetary value using a Standard valuation method.
7 .2.2.2 until the date of measurement.
No portion of the value of any Qualifying Contribution that is payable to the beneficiary after the date of measurement can form part of any calculation under this statement.
The recognition of Enterprise Development contributions must be determined in accordance with statement 600.
8.1.1.1 the company does not make a profit last year or on average over the last five years.
8.1.1.2 the net profit margin is less than a quarter of the norm in the industry.
8.1.2.1 1.5 %x Indicative Profit Margin (NPAT /Turnover) x Turnover.
Average annual value of all Socio-Economic Development Contributions and Approved Socio-Economic Development Contributions-made by the Measured Entity as a percentage of the target. 25 1.
Qualifying Contributions of any.
Payments made by the Measured Entity to third parties to perform social development on the Measured Entity's behalf may constitute a SED Contribution.
Sector Specific Contributions are recognised on the basis set forth in the Sector Code governing them.
accounting, calculating, data processing, data transmission, duplicating, text processing, document reproduction, document ·transmission, record keeping and record retrieval, broadcasting or transmission for entertainment or information purposes of voice and/or image and/or text or any combination thereof and/or; the provision of services relating to the above.
<fn>GOV-ZA.34362bn110En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.34371346En.2012-02-10.en.txt</fn>
Communications Act No.
The purpose of this Discussion Document is to outline the Authority's initial views on a number of aspects of the broadcasting transmission market in South Africa. The Authority accordingly seeks the views of interested stakeholders on these issues.
CC : PCokie@icasa.
Independent Communications Author!
JUNE 2011 i. The Authority invites written submissions on issues and questions raised in the discussion document from all interested parties and stakeholders.
Delivery address: Block A, Pinmill Farm, i 64 Katherine Street, Sandt on. Where possible written representations should also be e-mailed to: lsigwavhulimu@icasa.org.zaand copypcokie@ icasa.org.
Fax: Oi i 566 3684 3.
All written representations submitted to the Authority pursuant to this notice will be made available for inspection by interested persons at the Authority's library and copies of such representations will be obtainable on the payment of the prescribed fee. Stakeholders are kindly advised to indicate any objection to the release of information contained in a submission, which is considered as confidential. Motivations in this regard shall include reason(s) for such information not to be made public.
Persons submitting written representations are further invited to indicate, as part of their submissions, whether they require an opportunity to make oral representations and the estimated duration thereof, which duration shall not exceed one hour.
The Authority will review and analyse all submissions received from stakeholders in response to this discussion document. Findings emanating from this consultation exercise will form a foundation in the development of the framework for the regulation of Broadcasting Transmission Services.
EXECUTIVE SUMMARY 12 2. BACKGROUND AND LEGAL FRAMEWORK ............................................. 14 2.1 Background ................................................................... 14 2.2 Relevant Legislation and Regulations ........................................ 15 3. BROADCASTING TRANSMISSION SERVICES MARKET IN SOUTH AFRICA .............. 18 3.1 lntroduction l8 3.2 Market Developments 21 3.3 Digital Switchover and the re-negotiation of wholesale broadcasting transmission agreements22 3.4 Relevant Licensees 24 3.5 Types of Wholesale Broadcasting Transmission Networks ................................... 26 3.
The wholesale broadcasting transmission needs of different types of broadcasters.
The type of sites used by different types of broadcasters 32 3.7 Broadcasting Transmission on Satellite Networks 32 3.
Cable 34 3.9 Conclusion 35 4. MARKET DEFINITION ISSUES .............................................................. 36 4.1 Introduction 36 4.
Initial views on the retail market for broadcast of content to end-users 39 4.3 Wholesale Broadcasting Transmission Market-Managed Transmission Services 39 4.
Managed transmission services for analogue and digital terrestrial broadcasting 45 4.
Satellite broadcasting 47 4.6 Summary of conclusions on Market Definition 48 5. ASSESSMENT OF MARKET POWER AND IDENTIFICATION OF LICENSEES WITH SMP49 5.1 lntroduction .49 5.2 Assessment of market power in the market for managed transmission services for terrestrial television broadcasting (analogue and digital).
Degree of countervailing bargaining power 52 5.2.
The ease of entry into the market, economies of scale and scope and control over essential facilities..
The dynamic characteristics of the market 55 5.2.1o The nature and extent of vertical integration 56 5.
Degree of countervailing bargaining power 58 5.3.
The dynamic characteristics of the market 59 o The nature and extent of vertical integration 59 5.4 Assessment of market power in the market for MTS for radio broadcasting (local terrestrial)..
Technological advantages or superiority of a given market participant.
Degree of countervailing bargaining power 61 5.4.
The dynamic characteristics of the market 62 0 The nature and extent of vertical integration 62 5.5 Assessment of market power in the market for MTS for satellite broadcasting 62 6 THE CONSEQUENCES OF MARKET POWER AND INITIAL VIEWS ON PRO· COMPETITIVE REMEDIES 64 6.1 lntroduction 64 6.2 The Consequences of SMP in the defined markets 65 6.3 Available Pro-competitive Remedies 65 6.4 Principles to be applied in imposing pro-competitive remedies 66 6.
STAATSKOERANT, 15 JUNIE 2011 No.
Approaches to imposing a price control obligation 72 7 APPENDICES 75 7.1 Appendix A: Summary of the steps needed to define a market .5 12 No. 34371 GOVERNMENT GAZETTE, 15 JUNE 2011 1. EXECUTIVE SUMMAR?
The purpose of this Discussion Document is to seek information from interested stakeholders on a number of aspects of the wholesale broadcasting transmission market in South Africa. This is a Discussion Document, and does not reflect the Authority's final views. In particular, the Authority is interested in gaining a comprehensive understanding of the current structure and the level of competition in the market.
This Discussion Document sets out the Authority's initial views on the market definition, operator(s) that may have Significant Market Power (SMP) in these markets, and possible pro-competitive measures that might be applied in these markets where competition may be found to be ineffective.
The Authority accordingly provides stakeholders with its preliminary views on a range of matters and seeks the views of industry on these issues.
Initial views for discussion on Market Definition issues in terms of Section 67 of the Electronic Communications Act No.
Initial views for discussion on possible pro-competitive remedies that could be imposed on licensees found to have SMP to remedy any identified market failures.
The Authority puts forward a range of questions in this Discussion Document in order to obtain a better understanding of the markets discussed and welcomes feedback from the industry regarding the Authority's preliminary observations.
The provision of MTS for the purpose of providing terrestrial broadcasting transmission services within South Africa to deliver radio broadcasting services at a location other than at a regional level.
The market for MTS for radio broadcasting in small geographic areas (local terrestrial).
In addition, the Authority has come to a preliminary view that Sentechmay have Significant Market Power (SMP) in each of the above wholesale broadcasting transmission markets where competition is ineffective.
There are a range of pro-competitive remedies available to address the potential impact of SMP in a market.
timely compliance with license terms and pro-competitive conditions.
accounting separation, and compliance to prescribed accounting methods; and price controls, such as cost orientation.
The Authority must, in terms of the ECA, consider all of the potential remedies and decide which are the most appropriate to impose, if any, based on an assessment of the markets. This Discussion Document, therefore, also puts forward a preliminary view of potential remedies that may be appropriate to be imposed in those wholesale broadcasting transmission markets where competition may be found to be ineffective.
14 No. 34371 GOVERNMENT GAZETTE, 15 JUNE 2011 2.
The Authority published a notice in, Government Gazette No.
("the ICASA Act".
201 0 and as an additional measure circulated the Questionnaire directly to licensees, to the extent possible. In addition information gathering meetings were held with representatives of the industry including broadcasters, signal distributors and industry associations. The objective of the questionnaire was to enhance the Authority's knowledge about the broadcasting transmission markets.
market size and share of the market; and providing insight into challenges experienced in the market.
One of the outcomes of this process could be a decision by the Authority to pursue a formal market review in terms of Chapter 10 of the ECA. Section 67(4) of the ECA (Chapter 10) allows the Authority to prescribe regulations defining the relevant markets and market segments, as applicable, where pro-competitive conditions may be imposed upon licensees having significant market power, if the Authority determines such markets or market segments have ineffective competition1 Prior to potentially embarking on a section 67(4) process, the Authority has made a decision as a first step to conduct an inquiry to allow all interested parties to provide information to the Authority on all matters that it is required to consider.
It is in terms of this process that this Discussion Document is published.
Section 67(4)(a) of the Electronic Communications Act, 2005 (Act No.
STAATSKOERANT, 15 JUNIE 2011 No.34371 15 submissions to the Authority and make an indication whether a respondent wishes to make an oral presentation during public hearings.
Table 1 provides a summary of the responses from industry.
The Authority notes that the response from industry to the questionnaire was lower than anticipated. In addition, some of the responses that were received were incomplete. Further information is still required from industry in order for the Authority to fully define the market, assess the level of competition and (if needed) propose pro-competitive remedies.
Broadcasting legislation and policies in South Africa are aimed at providing all South Africans with access to broadcasting servlces and a diverse range of information, education and entertainment.
The ECA was promulgated in 2006.
16 No. 34371 GOVERNMENT GAZETTE, 15 JUNE 2011 sectors is similar. The Broadcasting Act (introduced in 1999) sets out specific requirements for broadcasting -including particular stipulations for the public broadcaster. Many of the provisions in the Broadcasting Act were moved to the ECA. The Broadcasting Act provides for a three tier broadcasting system for sound or television classified as -public, commercial and community and further categorised as free-to-air, terrestrial subscription, satellite subscription, cable subscription, low power sound broadcasting service and any other class of licence prescribed by the Authority from time to time3 The Broadcasting Act gives effect to the fundamental constitutional principles with respect to freedom of expression and the journalistic, creative and programming independence of the broadcasters and independence of regulation of broadcasting as guaranteed by the Constitution. In addition, the Broadcasting Act provides for the establishment of the South African Broadcasting Corporation Limited as a public company (SABC Ltd) with the state as the sole shareholder.
In 1996, all units of the SABC dealing with signal distribution were incorporated into a new public company Sentech {Ltd). The Sentech Act {No 63 of 1996) was promulgated and the company was licensed in terms of the then Independent Broadcasting Authority Act (IBA Act) as a "common carrier" signal distributor. Sentech was given all existing signal distribution equipment and granted exclusivity over transmitter high sites critical for effective transmission. In exchange the signal distributor was obligated to provide equitable signal distribution upon request. The IBA Act was repealed in its entirety by the ECA. As such, Sentech no longer has exclusivity over transmission high sites4.
Following on the discussion of market developments, this section explores the relevant provisions contained in the ECA that may have an impact on the broadcasting industry. In particular the impact of the Facilities Leasing Regulations, "common carrier status", "must carry obligations" and the provisions of Chapter 10 will be discussed. Related to these regulations is the Digital Switchover process, which will be discussed in a separate section hereunder.
3 Section 5 of the Broadcasting Act 4 of 1999 4 Section 5(a) of the Sentech Act 63 of 1996 stipulated that the main object and the main business of Sentech shall be to provide, as a common carrier, broadcasting signal distribution for broadcasting licensees in accordance with the provisions of the IBA Act. However, section 93(8) of the EGA stipulates that any monopoly or exclusive rights existing by virtue of the related legislation, the IBA Act, the Sentech Act or the Telecommunications Act is null and void. The EGA further amended the Sentech Act with the substitution of section 5 to the effect that "the main object and business of the Company shall be to provide electronic communicattons services and electronic communications network services in accordance with the EGA", thus effectively repealing the "common carrier" status of Sentech.
The EGA created a technologically neutral environment wherein no licensee is restricted in terms of the types of services it is entitled to provide. The only restrictions would be due to the type of Electronic Communications Network Service (ECNS) or Electronic Communications Service (ECS) licence which could either be class or individual. This means that with the appropriate licence, any licensee could provide broadcasting transmission services, should it wish to do so.
The EGA introduced a new licensing regime applicable to both broadcasting and electronic communications services (telecommunications services).
The Standard Licence Terms and Conditions Regulations determined the licence terms to be 15 years for public and commercial free-to-air television and subscription services, 10 years for public and commercial radio stations and 5 years for community and low power stations.
An important consideration for broadcasting transmission services are the facilities leasing provisions contained in the EGA. The Authority issued Facilities Leasing Regulations in terms of section 44 of EGA. The Authority is of the view that broadcasting transmission services are facilities as contemplated in the EGA. Section 43 of EGA is therefore applicable to broadcasting transmission services and provides that ECNS licensees must, on request, lease electronic communications facilities, to any other person licensed in term of this Act, if it is technically and financially feasible.
The Must Carry Regulations6 requires all subscription broadcasters to carry public broadcasting services. The intention of these requirements is to extend the reach of public broadcasting services. Accordingly, public broadcasting services are carried via terrestrial and satellite networks. The Must Carry Regulations oblige a subscription broadcasting service (SBS) to carry the television programmes broadcast by a public broadcasting service (PBS) licensee.
Gazette No. 31500 dated 10 October 2008 18 No. 34371 GOVERNMENT GAZETTE, 15 JUNE 2011 provide for the terms and conditions under which the SBS licensee will carry the programmes of the PBS licensee. In terms of the current regulations, all television programmes comprising a channel and broadcast by a PBS licensee as part of its broadcasting service are subject to must carry obligations. The regulations stipulate that the SBS licensee must bear the costs of carriage of the television programmes.of the PBS licensee on its distribution platform in compliance with the regulations. The PBS licensee must offer its television programmes, at no cost, to a SBS licensee upon request from the SBS licensee, and must deliver the signal in an un-encoded and compatible format. The PBS licensee bears the costs of transmission of the broadcast signal to the SBS licensee, and the SBS licensee is required to transmit simultaneously and without any alteration, the entire television programmes of the PBS licensee.
Chapter 10 of the EGA provides the Authority with an ex-ante regulatory process to review and, if required, introduce pro-competitive remedies to address problems in defined markets where competition is ineffective and licensees have been identified as having Significant Market Power.
In this section the Broadcasting Transmission Services Market will be discussed broadly and the terminology for the market analysis explained.
UHF and VHF television transmission (SABC 1, 2, and 3, e.tv, M-Net, community TV etc.
Satellite TV (DSTV, TopTV etc.
Digital Audio Broadcasting (DAB).
Transmission for distribution to end users (access network).
The actual infrastructure of the broadcasting networks is presented in Figure 1.
The contribution network is the part of the network where broadcast content is carried e.g. between recording/production sites and studio.
The feeder network is the portion of the network that runs from the broadcaster out to the first point of connection in a transmitter network or trunk network (terrestrial antenna or satellite earth station). Feeder networks can be developed using various technologies such as fibre or radio relay links.
The trunk network is the portion of the network where broadcast signals are carried between the first point of connection with the broadcaster up to the interface with the access network.
The access network is the last portion of the network and is used to distribute broadcast signals to the end user. In a broadcasting context such networks are usually called signal distribution networks. In South Africa, broadcasting content can be distributed either using the terrestrial network or by satellite. Technological developments have meant that other technologies may increasingly be used for broadcasting in the future. On the feeder, trunk and contribution networks, the Authority understands that the infrastructure used to deliver broadcasting transmission services can be used both for transmission of broadcasting services and for telecommunications. The Authority understands that there are a range of providers in the market currently providing broadcasting transmission conveyance (i.e. point to point transmission services on feeder, trunk and contribution networks). These include Sentech, Telkom, Neotel, Globecast, Telcordia. It is the Authority's initial view that any consideration of these services in terms of market definition would need to consider the broader range of providers that provide similar types of transmission services in the telecommunications market. In many other countries, these 'leased line' transmission services (which can be provided at both the retail and wholesale level) have been considered as part of a broader market (including both transmission services used by broadcasters and fixed and mobile telecommunication service providers). The Authority considers that it is beyond the scope of this review to consider the market for leased lines. This market may be subject to a separate market review by the Authority in terms of section 48 of the ICASA Act and/or as part of future Chapter 10 inquiry under the ECA.
As discussed in the introductory section, the focus of this review is on broadcasting transmission services, which the Authority defines as the transmission of content to endusers once the content has been delivered to the Access or Signal Distribution network7 For terrestrial networks the access network begins at the transmission site or mast. For satellite networks, the Authority considers that the access network begins from the satellite ground station. The different types of broadcasting transmission will be discussed in greater detail below.
7 The conveyance of broadcasting content from the production studio to the access network can sometimes be arranged by the supplier of broadcasting transmission as part of an end-to-end managed transmission service to broadcasters. However, this conveyance is not considered in detail in this review.
Transmission equipment is used as a generic term to describe all of the equipment (other than masts) which is used by sjgnal distributors to transmit the broadcast signal (i.e. transmitter, combining unit, feeder and antenna) received via the signal distribution network.
As explained above, the conveyance of broadcasting content from studios to transmission masts (i.e. "point-to-point" transmission or "linking") forms part of broadcasting transmission. This "conveyance" service will be discussed briefly in this Discussion Paper but it is not intended to be a key focus of the review.
Due to the introduction of the ECA and related regulations, different market opportunities and considerations arise for broadcasters. In this section the impact of issues such as the regulatory regime and new technologies (including IPTV, Mobile TV and Cable TV) will be discussed. Importantly, the basic principles of competition regulation will be introduced.
The Authority in its position paper on IPTV and VOD services8has chosen to differentiate between Internet TV and IPTV, namely, that Internet TV is an unmanaged service using the same publishing model that exists on the public Internet and can be accessed globally in the same way and fashion as any other website. In contrast, IPTV is the making available of video and television-type content through secure and protected Internet Protocol IP} telecommunications networks.
The term VOD refers to a number of technologies offered over private networks and the Internet, all of which allow the selection and rental or download to own, in a virtual or electronic form of video content for immediate or later viewing on a range of devices such as computers, television sets, portable players and mobile phones. There are a broad range of business models for VOD such as the traditional rental model or free VOD (FVOD) financed by advertising, but the most common model is subscription VOD (SVOD).
The Authority sought to clarify the manner in which IPTV and Video on Demand VOD} services are to be treated in the context of the regulatory framework established by the ECA and the types of licences which will be required to provide such services.
Position Paper in relation to Internet Protocol Television (IPTV) and Video-on-Demand (VOD) services. Gazette33436.
and as such a broadcasting service licence is required to provide this service. In contrast, VOD services (not including on-demand services provided over the public internet) have been determined to be ECS for the purposes of the ECA and as such an ECS licence is required.
The Authority furthermore published Mobile Television Regulations9 on 16 April 2010 wherein the Authority set out the regulatory framework for licensing of radio frequency spectrum for the provision of mobile television. Accordingly, two Mobile TV broadcast frequency licenses were issued to provide mobile broadcasting services using the Digital Video Broadcasting Handheld (DVB-H) standard. On September 10, 2010 ICASA announced that it had awarded e.tv 40% of the capacity on multiplex 1, and the remaining 60% of the multiplex being awarded to MultiChoice. In late November 2010, both e.tv and DStv launched mobile TV services.
The migration from analogue to digital broadcasting will have far reaching implications on the broadcasting industry. In preparation for the migration to digital broadcasting, the industry has already commenced technical trials and pilots.
In 2006 South Africa signed the ITU RRC'06 Agreement, confirming its decision to use Digital Video Broadcasting Terrestrial (DVB-T) as its national digital terrestrial television standard.
9Gazette 33125,16 April2010.
DVB-T is the national standard for broadcasting digital terrestrial television (OTT) in South Africa, DVB-S is the national standard for broadcasting digital satellite television in South Africa and MPEG-4 is the compression standard for the OTT rollout in South Africa.
A body known as the Digital Dzonga was to be established comprising representatives from the public, government, industry, organised labour and consumer groups and aimed at consumer education and awareness, stakeholder liaison including the Authority and STB manufacturers, and monitoring.
The Authority published Digital Migration regulations 12on 15 February 2010 prescribing the dual illumination period to run from 1 November 2008 to 30 April 2011. The Authority also introduced. a definite performance period during which the industry shall commence the rollout of public OTT services to commence from 1 April2010 to 30 March 2012. However, with regard to the commencement of the dual illumination period, the Authority noted the delays that have been experienced by the Department of Communications which is driving the STB manufacturing and distribution process. Consequently, the Authority decided that the performance period during which broadcasters are required to dual illuminate will now commence on a date to be set by the Authority by notice in the Government Gazette for a period of 36 months after commencement date. Recently, on 14 January 2011 , Communications Minister Padayachie made an announcement13 that served to extend the switch off date to November 2013 and also changed the standard to DVB-T2. The multi-channel environment, for which digital broadcasting allows, has raised questions regarding the appropriate role to be played by the entities which provide signal distribution services to the broadcasters. It is likely in the future, to become difficult to allow broadcasting service licensees operating on the OTT platform to enter into their own commercial arrangements with ECNS licensees who provide signal distribution services.
11 https:l/www.sabs.co.zafwebstore/standards/product.phpid=14016150 12 Gazette 32956, 15 February 2010 Statement by Minister of Communications Mr R L. Padayachie on progress made with regards to the Digital Migration process. Available at http://www.doc.gov.z?
24 No. 34371 GOVERNMENT GAZETTE, 15 JUNE 2011 distribution services, may be allocated to two or more different broadcasting service licensees.
The Authority has been informed in some responses to the Questionnaire that licensees are currently re-negotiating Master Signal Distribution Agreements with the view of migrating to digital broadcasting.
A broadcaster wishing to deliver broadcast content to end users in South Africa may obtain such transmission services from a limited number of providers and across a limited number of technology platforms.
Cost differentials and revenue impact of acquiring transmission over different platforms.
In South Africa there are two major technology platforms for the delivery of broadcasting content; namely terrestrial (analogue and digital) and satellite.14 Subscription broadcasters are obliged under certain circumstances to carry PBS channels at no cost to the PBS licensee15 in terms of the Must Carry regulations.
In addition, licence obligations such as the requirement to broadcast to a certain specific proportion of the population may have the effect of forcing broadcasters to use a particular technology platform to broadcast content to end-users (i.e. viewers and listeners).
In the absence of "Must Carry" regulations, the broadcaster itself may decide whether the programmes are to be transmitted over an additional platform. This decision is based on the greater number of end users it wants to reach within its licensed area compared with the costs/revenues involved in reaching these extra viewers and/or listeners.
14 Other technology platforms such as using broadband or mobile networks to deliver broadcast content to end-users is not considered sufficiently developed in South African at the present time. These emerging technology platforms are discussed in more detail later in the Discussion Paper.
15Gazette 31500, October 2008. Must carry obligations are discussed in more detail later in the Discussion Paper.
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Broadcasters (including SABC, MultiChoice and e.
Providers of transmission capacity (owners of infrastructure, e.g.
End users viewers and listeners}.
The relationship among the various operators can be briefly explained as follows: Broadcasters' programming consists of content produced in-house as well as content purchased from other content producers.
(e.g. Sentech} or with a distributor of broadcast content (such as DSTV or Top TV). The responses from industry as part of the questionnaire circulated as part of this inquiry indicated that Master Signal Distribution Agreements have been agreed between broadcasters and the providers of broadcasting transmission services.
Depending on the type of broadcaster, funding can come from TV licence fees, customer subscriptions, advertising or through direct government funding.
Today in South Africa the majority of end users receive radio and television via terrestrial networks or by satellite. The Authority notes that there is the potential for some end-users to access broadcasting content over alternative delivery platforms such as using broadband connections (such as streaming services) and using existing mobile networks. However, the Authority's view (which is discussed in more detail below) is that these alternative technology platforms are not sufficiently pervasive at the present time and are not considered in detail in this document.
There are an estimated 12.7 million households in South Africa16 The Authority estimates that approximately20% of the population currently are subscribers to satellite television services (in addition to any terrestrial service those households may take) 17 The remaining 80%of the population are therefore currently reliant only on terrestrial broadcasting for their television service.
A key input required for radio and television broadcasting transmission is the network of antennae support structures ('masts') at specific locations ('sites'). Masts may be located on sites that have been purchased by the terrestrial network operator for broadcasting transmission services and are owned outright by them. Masts may also be installed on sites that are leased from a freeholder (such as a farmer) who receives revenue for allowing installation and access. Finally, masts (or small antennae structures} may be installed by the terrestrial network operator on infrast~ucture owned by other organisations such as fixed or mobile communication operators, rooftops of tall buildings or different types of structures that provide the required height.
In South Africa Sentech is the main provider of wholesale broadcasting transmission on terrestrial networks.
Orbicom and MNet are wholly owned subsidiaries of MultiChoice. As such, the great majority of masts suitable for national television and radio broadcasting transmission are controlled by Sentech.
16Population and Household Projection for South Africa 2001 -2021 Research Report No. 364 Bureau of Market Research, UNISA (2007.8) 11This is based on MultiChoice data from its 2010 Annual Report that it had 2.85m households subscribing to its DSTV satellite service as of March 2010 (see page 30 of its annual report). The average household size in South African is 3.69 and total population is estimated at 49 million (taken from Population and Household Projection for South Africa 2001 2021 Research Report No. 364 Bureau of Market Research, UNISA (2007.8)). Based on this data, around 20% of the population has the necessary equipment to view satellite pay-TV broadcasting content.
28 No.
The Authority notes that digital television broadcasting is being trialled as part of the migration process. Further, Digital Audio Broadcasting (DAB) is also being trialled. Thus two forms of terrestrial transmission are currently being used for the delivery of both radio and television broadcasting: analogue and digital. Both analogue and digital terrestrial transmission have similarities in respect to some of the inputs used (e.g. masts, maintenance) and may have common end-users (viewers and listeners). However, they differ in certain respects. The differences include the power of transmission level used, the transmission equipment used, capacity (digital transmission can carry significantly more content than analogue) and end-users. As digital television is rolled out nationally endusers that wish to view and listen to digital content would need to invest in new receiving equipment and may need aerial adjustments to receive digital signals.
Broadcasters are the immediate customers for terrestrial television transmission. As a condition of their broadcasting licence, some television broadcasters have national coverage requirements (e.g. SABC and MNet have licence obligations to provide national coverage for their broadcasting services while e.tv is required to cover a minimum of 77% of the population). The Authority estimates that around 20% of the population has adopted the necessary equipment (such as a satellite dish and decoder) to receive satellite broadcast signals18 With the remaining 80% of the population reliant on receiving television content over the terrestrial network, television broadcasters with licence obligations regarding population coverage have no alternative but to obtain broadcast transmission services over the terrestrial network.
The service that Sentech, as the only provider of a national terrestrial network, provides is termed a Managed Transmission Service (MTS) since it represents an end-to-end service including the installation and operation of the broadcasting equipment, the management of broadcast quality and maintenance of the equipment. Customers accordingly have a single entity to deal with for all transmission requirements.
There are also regulations in place in order to effectively manage broadcasting spectrum interference. This is likely to reduce the flexibility of broadcasters in changing to alternative suppliers of broadcasting transmission. In addition, where a television broadcaster has been transmitting from a particular location, all of their viewers will have their aerials pointed in that direction.
SSee earlier discussion on the logic of this estimate.
in a different location is likely to be very disruptive for viewers who might have to adjust their antennae.
Transmission of certain frequencies from specific sites will have been cleared internationally for use, and the use of a new site may mean repeating the process, which will have time and cost implications.
Digitisation provides a substantial increase in transmission capacity in the physical infrastructure. It is expected that in a few years the entire value chain in the television market, except for the television sets, will be completely digitised. Once Digital Switchover has been implemented, the analogue network is intended to be switched off.
With regard to television, SABC, MNet and e.tv have nearly national distribution via terrestrial networks alone.
End users receive signals from analogue terrestrial networks via an ordinary roof/indoor aerial. There are no costs directly connected with receiving such signals aside from the television licence fee.
"sentech (2010), Annual Report, page 4.
The retail market of broadcasting is comprised of end-users (views and listeners). The wholesale market is comprised of suppliers and consumers of MTS. This applies. for both radio and TV, though in some cases, radio broadcasters self-provide broadcasting transmission as an alternative to purchasing MTS from the owner of the terrestrial broadcasting network (i.e. Sentech).
For terrestrial broadcasting, the MTS supplier takes responsibility for a broadcast stream arriving at a transmission site and makes arrangements necessary for it to be transmitted from an antenna at that site, monitoring and assuring quality of the transmitted signal and making arrangements for the maintenance of the transmission equipment. The MTS supplier also operates the transmission site, which involves the provision of space to establish a building, or maintenance of buildings, facilitation of power etc. Broadcasting transmission is often effected using equipment, in particular a combiner, feeder and a shared antenna which is shared between several analogue broadcast channels or digital multiplexes, in the case of digital broadcasting. The MTS provider is responsible for the installation, operation and maintenance of such equipment.
For satellite broadcasting, the MTS supplier takes responsibility for a broadcast stream when it reaches the access network (the satellite ground station), which is then transmitted to satellites and distributed to end-users that have the necessary equipment to receive such signals.
Sentech indicated in its response to the Questionnaire that it provided a MTS to all national radio and TV broadcasters as well as significant number of community radio and regional TV and radio broadcasters.
In its latest annual report, Sentech states that it has 7 customers of MTS for terrestrial television broadcasting (SABC, e.tv, MultiChoice, Soweto TV, Bay· TV, Cape TV and Trinity Broadcasting). Sentech states that all these customers cover approximately 92% of the population. Sentech also operates a Satellite broadcasting network (Vivid) and has 11 customers transmitting on this platform (SABC, God TV, ASTV, France 24, Christian TV, Hope TV, Love World, WRS, Maranatha, Kruiskyk and Ezekeil TV). Sentech states that it provides MTS to all 21 SABC public radio broadcasters and TV broadcasters/stations. It provides MTS to 17 commercial radio broadcasters and 59 community radio broadcasters.
Some community radio broadcasters self-provide all or some of their transmission requirements. Other broadcasters purchase elements of their transmission requirements from suppliers other than Sentech. For instance, TopTV indicated that it purchases leased lines from Telkom and Globecast. The Authority is not aware of any regional or national broadcasters (radio and TV) who self-provide their broadcasting transmission services on a terrestrial network.
A review of the services actually purchased by broadcasters (as outlined in the responses to the Industry Questionnaire) as well as face-to-face discussions with broadcasters and signal distributors conducted as part of this review has confirmed that MTS is the main product supplied by Sentech to radio and television broadcasters seeking access to the terrestrial network. In discussions with Sentech and with other industry stakeholders, it was indicated that broadcasters were discouraged from seeking to 'unbundle' the MTS service and only purchase a sub-set of the services offered by Sentech.
Although in principle, many of the elements of a MTS may be obtained separately, the Authority understands that, in practice, all television broadcasters and most radio broadcasters in South Africa purchase a MTS from Sentech.
Broadcasting transmission requirements may differ according to geographical area of the licence, the audience size and the terrain. The larger the geographic area, the bigger the audience and the more undulating the terrain the more likely are broadcasters to require transmission from tall purpose-built transmission masts. This is due to the need to propagate the broadcast signal over a wide area or because of a signal transmitted from a low vantage point would be poor in an urban environment. They are also likely to need high power transmissions in order to reach their target audience. This requires a specialised workforce to handle this equipment and power levels. These broadcasters may also need to broadcast from more than one location (for a national licensee, this may require a large network of sites). To provide this transmission and its ongoing maintenance, a broadcaster may prefer to contract with one firm, for both convenience and for consistency of quality. These broadcasters may also have greater start-up and ongoing costs when compared to smaller broadcasters. The basic equipment is likely to be expensive and sophisticated, its installation may be more specialised, the power needs are higher and the equipment itself may need more frequent replacement and maintenance due to the stress of high power use.
Broadcasters who have a larger geographic footprint are likely to require purpose-built transmission sites compared to those licensees with smaller geographic footprints, which may be able to install transmission equipment on sites that are not necessarily purpose built to provide broadcasting transmission services.
Satellite broadcasting transmission commences at a transmitting antenna located at an uplink facility or ground station which may not necessarily be located in the same country as the audience for the broadcast. Uplink satellite dishes are very large, as much as 9 to 12 meters in diameter, to provide aiming accuracy and increased signal strength at the satellite. The uplink dish is targeted at a specific satellite and the up-linked signals are transmitted within a specific frequency rangeto the appropriately tuned transponder aboard that satellite. The transponder 'retransmits' the signals back across the satellite's 'footprint' (downlink) but at a different frequency band (a process known as translation, used to avoid interference with the uplink signal), typically in the C-band {4-8 GHz) or Ku-band (1218 GHz) or both.
The down linked satellite signal, is typically collected by satellite dishes on each of the enduser's premises, which collect the relatively weak signal andconducts it to a low-noise block down converter or LNB. The LNB amplifies the relatively weak signals, filters the block of frequencies in which the satellite TV signals are transmitted, and converts the block of frequencies to a lower frequency range. The satellite receiver or Set-top boxcoupled to the end-user's television demodulates and converts the signals to the desired form (outputs for television, audio, data, etc.). Sometimes, the receiver includes the capability to decrypt the received signal; the receiver is then termed an integrated receiver/decoder or I RD.
The following licensees offer managed transmission services for broadcasting via satellite in South Africa; Sentech (on the Vivid platform), Orbicom and ODM. Satellite networks cover 100% of households in South Africa, though households require specialised equipment as well as a subscription to one of the satellite broadcasting distributors in order to receive satellite broadcasting content.
DSTV's digital broadcasting service is transmitted direct-to-home via satellite. MultiChoice (who owns DSTV) leases 8 KU-band transponders on the satellite, and its uplink facilities are provided by Orbicom (Pty) Limited and British Telecom. Customers receive these signals on a satellite dish mounted on or near their homes. The signal is then descrambled and decompressed for viewing using a conditional access system, set-top box and smart card.
ODM self provides in terms of satellite 'direct to home' services using satellites owned by SES Astra (one of its shareholders). The company provides satellite up-link services from its satellite ground station in Germany. ODM leases point to point conveyance services from a range of suppliers (using fibre, dedicated leased lines as well as capacity on the underground sea cables) to deliver content from its studio in Johannesburg to its satellite distribution facilities in Europe.
Broadcast content is, to some extent, also transmitted over other technologies. A brief assessment of alternative broadcasting technologies is provided below.
Further development and establishment of fixed network technology such as xDSL may represent a possible alternative to the existing technology platforms for broadcast content in the future. Such technology will only make possible fixed reception, i.e. no mobility or portability.
Web TV and IP TV exist, but in the Authority's view, the technology has not been adopted widely enough for such services to constitute an alternative for a significant number of end users within the time horizon of this analysis. The Authority's assessment is primarily based on the fact that live TV via the Internet is limited in scope driven by the low penetration of the internet at speeds necessary to support such services. Access and affordability issues still hamper the widespread availability of broadband internet services in South Africa. The Authority considers that IPTV and associated services will not be a realistic alternative distribution platform for broadcasting content until internet services at broadband speeds are available to a significant portion of population. This is unlikely to occur over the period of a market review (the next 2-3 years).
Two forms of mobile TV have recently been launched in South Africa. One uses the data networks of existing mobile networks (3G) and allows the streaming of broadcast content.
The other is the introduction of a purpose built mobile TV network which sits alongside the existing mobile network and allows users to access a dedicated network for TV content. E.tv and DStv have both recently launched a dedicated mobile TV network (using spectrum allocated to them by the Authority). This service can be accessed on a DVB-H enabled mobile phone or via a Mobile TV decoder (of the DStv service). The DStv offering is a subscription service while the e.tv is offered at no charge to end-users.
The Authority considers that mobile TV could become a viable alternative to existing distribution platforms for content, especially given high mobile penetration in South Africa. However, until there is a significant take-up of the service, it is unclear whether mobile TV would be a credible substitute for existing distribution platforms or, more likely, a complement to existing broadcasting services.
Cable TV is still in its infancy in South Africa. The first licence was issued to Telkom Media in 2008. It applied for both a satellite and cable licence, which would allow it to broadcast a satellite service as well as provide an IPTV solution. The original licence had a generic statement in terms of format. However, Super5Media's licence (which was transferred from Telkom Media) stipulates the format. Super5Media wanted to have the format stipulated in its licence:w, while the other broadcasters were happy to have a "technology-neutral" stipulation. Super5Media is still to launch its services and has been granted extension by ICASA for the launch of its service due to delays in it being awarded its individual electronic communications network service (1-ECNS}. The company has stated that it plans to offer television content over cable (copper and fibre) and to provide broadband Internet services.
In time, if cable is to be rolled out to cover a significant portion of the population, it could provide an alternative distribution platform for broadcasting content. In other countries, such as the USA and in Europe, cable represents a viable alternative to the existing terrestrial and satellite networks. With a viable cable network, the analysis of market power and the types of remedies considered to address such market power (if found) can be significantly different. However, cable networks are still to be built in South Africa and hence cannot be considered a viable alternative distribution platform for content in the short to medium term.
20Statement made by the Director of Super5Media Tian du Pisanie, 2 Fetruary 2010 to the media.
As of today, the situation in the market for delivering television to end users in South Africa is such that a significant percentage of end users cannot choose other platforms for receiving television programming.
With the exception of xDSL over the fixed access network and perhaps Mobile, no alternative infrastructures will be able to provide geographic coverage sufficient to act as a substitute for the terrestrial and satellite networks currently used by broadcasters. Furthermore, on the supply side, for xDSL technologies to become more pervasive over the fixed access network in South Africa, the existing broadband networks will have to provide higher transmission capacity (bandwidth) than what is commercially available today, or compression technologies must become more advanced.
Eventually, broadcast content may be accessed by a significant number of end users using platforms other than terrestrial networks and satellite. At this point in time, however, there are no platforms that, within the time horizon of this analysis, will imply a real alternative for a significant number of end-users.
As a result, alternative technologies to deliver broadcast content (radio or TV) will not be considered relevant in the definition of markets or the assessment of competition in defined markets.
1 . Do you agree with the Authority's characterisation of the Broadcasting Market in South Africa Please provide any additional information that can be used by the Authority in order to understand in more detail the structure of the marke?
Do you agree that retail and wholesale leased lines provided for broadcasting transmission conveyance should be considered in a separate market review by the Authority at some point in the future If not, please provide a detailed response and rationale for your view?
Has the Authority correctly characterised the broadcasting value chain in South Africa If not, please provide additional information?
Has the Authority correctly characterised the potential competitive dynamics of alternative distribution platforms in South Africa?
How do the transmission requirements of broadcasters differ, depending on the geographic footprint of the licence?
Do you agree that the type of sites required by broadcasters will differ according to the geographic footprint of their licence The larger the footprint of the licence, the greater the likelihood that broadcasters will need to transmit from purpose built transmission sites?
The process of defining a market is not an end in itself. Markets are defined in order to assess whether competition is effective and whether any party has Significant Market Power (SMP) in a particular market or market segment. Following from an assessment of the effectiveness of the competition, it is then relevant to determine whether procompetitive remedies are required to guard against the risk of anti-competitive behaviour by ECNS, BS or ECS operators who have SMP ("SMP Operators").
This section of the Discussion Document is concerned with reviewing the relevant functional product market and the geographical market for broadcasting transmission services in South Africa in order to define the market for broadcasting transmission services delivered to end-users in South Africa.
A Managed Transmission Services (MTS). A MTS provides a customer with a suite of broadcasting transmission services including providing transmission equipment, distributing broadcasting content across the signal distribution: network to end-users, handling maintenance and managing quality of service amongst others.
We describe this service in more detail below.
Ancillary technical broadcasting services (e.g.
Production of Broadcasting Content.
For the purposes of this inquiry, the services provided in these three 'adjacent' market sectors are outside the scope of this review and are excluded from the analysis.
It is the Authority's view that, at the retail level, television and radio cannot be regarded as substitutable product markets. Rather, it is likely that they are complementary services. Radio and television offer quite different broadcasting services to end users (Radio provides audio services only while television offers audiovisual). The costs of producing content are quite different as are the production values. As a result the content produced for.TV and for Radio is often essentially different, which results in very different usage and experiences for consumers. For example, music appears to be a key component of the service offering on Radio while for TV it is dramas and series, sports and movies. Hence, the areas of use for radio and TV appear to differ substantially.
Television and radio are also used differently by consumers and radio is often consumed via mobile units such as car radios, portable radio, MP3 players, mobile phones, whilst television programs are usually watched on stationary devices at home.
In light of this, it may be argued that the needs of radio listeners are not met by television and vice versa. Hence, the Authority's initial view is that radio and television are two different products/services at the retail level. As such the initial view of the Authority is that the retail markets for television and radio are in separate functional markets.
The number of programme services that end users can receive via analogue terrestrial networks is limited to 5 national television channels (SABC1, SABC2, SABC3, e.tv MNet), 18 radio channels provided by SABC (which have a mixture of national and regional footprints) , in addition to commercial radio stations and community stations (both TV and radio). Considerably more television channels are available via satellite, including niche channels, exclusive coverage of sporting events and movie channels.
End users who have a television set are obliged to pay a licence fee and have free access to the television programmes broadcast via analogue terrestrial networks by free-to-air' channels. Receiving radio programming over terrestrial networks is also free of charge to end users.
Satellite services are available by subscription. The Authority considers that one of the main reasons that end users choose to acquire a satellite dish is a desire for services that are different from -and in addition to -the channels broadcast on the terrestrial networks. Another reason may be the poor coverage or quality of the terrestrial transmissions since the satellite broadcasters must carry the South African terrestrial channels in addition to their own channels. As a result, the Authority considers that broadcasting transmission services on satellite networks should not be regarded just as a substitute to free-to-air terrestrial TV channels, but should be regarded more as a complementary service.
On the end user ·level there are switching costs for consumers who switch from terrestrial networks to satellite (whilst these costs will not arise when switching the other way). The Authority assumes that end users' preferences and choices are primarily governed by coverage, content and price and less by which technical platform is used for transmitting programming.
DTT is still being rolled out in South Africa but digital transmission is already used for satellite broadcasting. Once digital television services are widely available on the terrestrial network and in the period where it co-exists with analogue during the digital switchover there may be a separate retail market for digital content compared to analogue content on terrestrial networks. This is due to the fact that different equipment is needed to receive digital television content compared to analogue content. In addition, those seeking to receive a digital signal are likely to have a preference for multi-channel viewing. These customers may be prepared to pay more to receive digital television and are unlikely to provide a constraint on the providers of analogue content. Similarly, a rise in the TV licence fee is irrelevant for the switching decision from analogue to digital as digital viewers (such as those receiving DSTV) still need to pay the TV licence fee. Advertisers may choose to switch to alternatives as a result of increasing prices but it is unclear how much of a price increase the market can bear.
STAATSKOERANT, 15 JUNIE 2011 No.34371 39 the price of terrestrial broadcasting transmission services will not have any direct impact on the cost of viewing content for the end-user. A potential impact could be a reduction in spending on programmes, but given that Public Broadcasting Services are broadcast on both formats (terrestrial/analogue and satellite/digital), the reduction in programming spending would be evenly spread. For these reasons, the Authority considers that a rise in the price of transmission on the terrestrial network is unlikely to have an impact on the retail market (i.e. thro~gh viewer or advertiser switching).
Since OTT is yet to be introduced widely in South Africa (there are currently trials in parts of the country), it is not appropriate to define separate markets at the retail level for digital and analogue broadcast content, though the Authority considers that once OTT is widely available due to switching costs and different coverage for the two technologies, it may be that digital and analogue television are in separate retail markets.
Radio content broadcast to end-users by terrestrial transmission. The Authority notes that the approach used to define retail markets is consistent with the approach used in other countries where the wholesale broadcasting transmission market has been reviewed.
Applying the definitions used in the ECA, a MTS for broadcasting services can be considered as a wholesale service.
Authority considers that it is a 'wholesale' service. This approach is consistent with the approach used in other countries where these markets have been reviewed e.g.
Ireland, UK, France, and Australia.
The provision of managed transmission services for the purpose of providing terrestrial broadcasting transmission services within South Africa to deliver radio broadcasting services at a location other than at a local level.
The Authority considers that a national market definition is appropriate for all the product markets identified.
The Authority notes that the approach used to define wholesale broadcasting transmission markets is consistent with the approach used in other countries where this market has been reviewed. The actual markets defined can differ based on factors such as the pervasiveness of different broadcasting platforms (for example, cable has been defined as a separate market in some countries where it is a significant broadcasting technology).
Demand in the wholesale market is derived from retail market demand, and is thus primarily affected by price and the type and quality of content. Customers in the wholesale market comprise licensees that produce content and those that distribute as well as licensees that do a mixture of both.
For broadcasters it is important to be present on the network that reaches the most customers. To reach end-users who receive programming via terrestrial networks, broadcasters cannot choose to purchase managed transmission services solely on satellite networks. This indicates that there is a clear division between analogue terrestrial networks on the one hand, and satellite on the other. If broadcasters wish to reach almost all households, they cannot choose only one network for delivering broadcast content, since the coverage and availability vary between the different networks.
In addition, as discussed earlier, many broadcasters have explicit licence obligations requiring them to cover a certain percentage of the population. As many end-users can only access broadcast content through the terrestrial network, it means that in order for broadcasters to fulfil their licence obligations they have no choice but to purchase MTS from the terrestrial network supplier. Supply-side substitution in this market exists when a provider of MTS can offer customers an alternative if the current provider of MTS raises their prices.
to purchasers of MTS on satellite Pl. networks, because . terrestrial networks have a capacity to distribute only a handful of channels. The move to DTT in the future will allow more channels to be carried in the terrestrial network but the total number of channels is still likely to be less than those available on satellite networks. Nor will broadcasting transmission services on satellite TV networks be a real alternative to the public service broadcaster, SABC as it will be unable to fulfil its population coverage licence conditions if it moved off the terrestrial network and onto to the satellite network. For a broadcaster to opt out of one distribution platform is likely to involve a substantial regulatory and commercial risk.
Apart from Orbicom, which only supplies terrestrial MTS to MNet, there is no alternative terrestrial network supplier to Sentech in South Africa. Due to a range of factors such as high entry barriers, large sunk costs, and long-term contracts with existing broadcasters, it is unlikely that there will be a firm willing to enter the terrestrial broadcasting market to compete with the existing terrestrial providers (Sentech and Orbicom).
In the Authority's view, circumstances on both the supply and demand side indicate that terrestrial networks and satellite networks are in separate markets for MTS.
This section examines whether the provision of MTS to radio broadcasters on the terrestrial network is part of the same market as the provision of MTS for television broadcasters on the terrestrial network.
If a radio broadcaster faced a 10% price rise from its supplier of MTS, it is unlikely to find MTS for television broadcasting to be an effective demand-side substitute.
MTS for Television uses a different technology (transmitters, power levels etc.
Different spectrum is used for MTS for television broadcasting compared to the equivalent MTS for radio.
Similarly, if a television broadcaster faced a 10% increase from a hypothetical monopolist of MTS, they are unlikely to find an adequate substitute in MTS for radio. Television viewers would expect television content and are unlikely to accept radio content as an equivalent alternative.
On the supply side, Sentech supplies MTS for both radio and television broadcasting. There is no existing alternative national provider of MTS for radio that could switch production to provide an equivalent service for television broadcasters. However, the Authority is aware that there are a number of radio broadcasters who self-provide their broadcasting transmission requirements.
22 The Authority understands that the transmission of radio requires a smaller portion of the existing infrastructure, both in terms of masts and the amount of transmission capacity, than the transmission of television signals. The investment needs are thus correspondingly smaller with correspondingly lower entry barriers.
Retraining would be needed to deal with the different requirements for MTS for television.
Thus switching production into MTS for television is likely to involve a significant cost making it unrealistic within the timeframe for demand side substitution to occur (over then next 2-3 years). The Authority considers that it is unlikely that there will be any supply-side substitution of MTS for television from local providers of MTS for radio to the extent that it undermines a profitable price rise by a hypothetical monopolist in MTS for television.
The only alternative potential suppliers which currently might be able to provide MTS for radio broadcast are Orbicom and ODM. However, neither of these licensees currently provide MTS for radio and there are likely to be considerable coverage problems as well as significant costs involved in switching production that will make it unlikely that these licensees provide an effective constraint on the current provider of MTS for radio.
On the other hand, there are likely to be economies of scale and scope in using the same sites and masts for both radio and television MTS. This is due in part to the ability of the MTS supplier to use the same maintenance and sales force to provide services for both radio and television. Hence, it is likely that there will be strong commercial incentives for the same provider to provide both MTS for television and radio (especially at a national level, where the network will comprise a number of transmission sites across the country). Any competitive constraint that may act on a hypothetical monopolist of sites used for radio and television would have to come from a provider offering a similar suite of services.
For these reasons, the Authority considers that MTS for television broadcasting can be considered to be in separate markets to the MTS for radio broadcasting.
The Authority considers that there are a number of factors that suggest that the market for MTS for radio broadcasting on terrestrial networks differs somewhat according to whether the programs are local or national and/or regional in nature (i.e. non-local).
Owing to the limitations in the licences and frequency allocations, a local radio broadcaster will only obtain access to frequencies reserved for local broadcasting, whereas a regional and/or national radio broadcaster will only obtain access to frequencies reserved for regional and/or national purposes. In addition, spectrum is a limited resource, and there are complex regulatory processes involved in changing existing frequency plans and frequency use. Furthermore, it may be resource-intensive to implement changes in frequency use from a purely practical standpoint. Frequencies reserved for broadcasting may not be freely bought and sold. This makes it difficult to substitute between local and national and/or regional transmission services via terrestrial networks.
Substitution between local and national and/or regional transmitter networks is also limited owing to technical and cost factors, including the different ranges of transmitters, inappropriate placement of masts and problems with radio spectrum interference. To avoid harmful interference from other adjacent sub-national broadcasters, transmitters with more limited power may be appropriate for the purposes of local broadcasting. This may help to limit substitutability between transmission services for local and those for national and/or regional broadcasting.
Due to frequency and regulatory limitations, it will not be possible to substitute local and national and/or regional programming. A local radio station will not demand transmission capacity meant for national radio or vice versa. In addition, content that is meant for a particular community will not necessarily be relevant to national audience.
Due to geographical boundaries that are stipulated in broadcasting licences, a broadcaster purchasing a MTS for local radio broadcasting cannot switch its demand to a MTS service in another licensed area.
On the supply side, a hypothetical monopolist of MTS for local radio broadcasting may be constrained from raising prices by 10%. This is due to the likelihood of alternative supply-side options being available, due to low barriers to entry into the market. For example, the Authority notes evidence from industry that a significant number of community broadcasters (~40%) do not purchase their MTS from Sentech. This suggests that 40% of community broadcasters (many of which have licences within small geographical areas) self-provide their broadcasting transmission requirements.
In the Authority's view, this indicates that MTS for local radio broadcasting is in a separate market to MTS for national and/or regional radio broadcasting.
While DTT is still being rolled out in South Africa, the Authority considers it useful to provide some initial views on whether MTS for analogue and digital broadcasting on the terrestrial network are in the same market. This analysis is likely to be important over the next 2-3 years as new contracts for digital terrestrial MTS are being negotiated between broadcasters and the supplier of Digital Terrestrial MTS.
It is likely that the same sites will be used for both analogue and digital terrestrial broadcasting. There are likely to be economies of scope in the provision of MTS for both analogue and digital terrestrial broadcasting (sales and maintenance teams are likely to be able to service both). As such, it is likely that a MTS supplier is likely to exploit these economies of scope by providi11g both analogue and digital MTS. If the same sites are used for both analogue and digital MTS then this will enable the supplier to offer a more competitive service compared to providing only analogue MTS. Broadcasters are likely to choose suppliers that can offer the most competitive prices for wholesale broadcasting transmission, whether analogue or digital. This analysis is consistent with the current trends in the market as Sentech is investing heavily in DTT. It seems reasonable to assume that Sentech will provide MTS for both analogue and digital terrestrial broadcasting using the same site network.
As such, the Authority considers that the provision of a suite of services using the same sites may indicate that analogue and digital MTS are part of the same market. It is the Authority's initial view that once MTS for digital terrestrial broadcasting is offered that it will be part of the same market as MTS for analogue terrestrial broadcasting.
The geographic market may be defined as that area in which the relevant product is offered on approximately similar and sufficiently homogeneous conditions of competition. The degree of substitutability on both the supply and demand sides may be taken into consideration in the assessment of the geographic market and, as part of such a substitutability assessment on the demand side, preferences and geographic purchase patterns should be taken into account. In practice, geographic markets in the electronic communications sector tend to be determined by reference to the relevant network's licensed area of coverage as well as the jurisdictional boundaries of the legal regulation of the market.
In earlier sections, the Authority concluded that television is in a separate product market to radio and that radio broadcasting should be divided in separate local and nonlocal product markets. In South Africa, broadcasters demand television and radio transmission services on both a national and/or regional level and local level. Local radio broadcasting is divided into many licence areas across the country. This may suggest that the market for transmission services for local radio should consist of numerous relevant markets based on the number of geographic licensed areas.
However, Sentech has indicated to the Authority that it is the only provider of managed transmission services for terrestrial television broadcasting. For radio, the situation is somewhat different. For national and regional radio broadcasters, Sentech is the only provider of managed transmission services.
This suggests that around 40% of community broadcasters self-provide or in some other way obtain broadcasting transmission services. However, the Authority is not aware of any alternative commercial providers to Sentech of transmission services for local radio broadcasting. That is, local radio broadcasters either build their own networks or lease all or part of their capacity requirements from Sentech.
To the Authority's knowledge, Sentech's services are not differentiated geographically in respect of product, quality and price. This applies both to MTS for radio and to television.
(particularly self-provision by radio broadcasters), the Authority considers that it is appropriate to consider the market as national in scope. Dividing the market into numerous geographic areas (according to licence areas) is impractical. As the competitive dynamics within each market change over time (as licensees enter and exit the market for MTS), this would mean that the boundaries identified by the Authority would be unstable and change over time. Also, it is not clear that such an exercise can be carried out with any degree of accuracy.
23Sentech response to ICASA questionnaire as well as Sentech (201 0), Annual Report, p. 6.
whole country, the Authority assumes that the geographic market for transmission services for national radio and television, respectively, is all of South Africa. For regional broadcasters, the Authority considers that the competitive conditions are similar across regional areas and hence can be considered national in scope.
In summary, the Authority considers that all the product markets identified for MTS on the terrestrial network are national in scope.
Suppliers of MTS for satellite broadcasting in this market are chiefly international, and the relevant market is not necessarily limited to South Africa. The market is more a consequence of a satellite's footprint, which varies somewhat from one satellite to another. However, it appears fair to assume given the nature of the technology, that each supplier of MTS for satellite broadcasting has 100% population and geographical coverage across South Africa.
Sentech operates a satellite broadcasting platform called Vivid. Sentech states that the Vivid platform offers facilities for satellite based broadcasting, making signals available to end-users that do not have access to terrestrial television and radio transmission24.0rbicom operates a satellite transmission network and provide MTS solely to MultiChoice broadcasters (DSTV and MNet). ODM self-provides its MTS for satellite broadcasting.
There are factors that may suggest that the market for transmitting broadcasting services via satellite is a trans-national market. Trans-national means extending or operating across national boundaries25. For the most part satellite operators provide transmission services over wide regional footprints depending in part on the type of satellite and orbit in which it is placed. It is in the satellite operator's economic interests to serve as many customers as possible and hence broadcast footprints tend to extend over several countries in a region. It is not appropriate (as well as being beyond the Authority's legislative remit) to define markets beyond South Africa's borders. In light of this, the Authority considers that the nature of satellite transmission renders the market for transmitting TV and radio via satellite as being trans-national.
24Sentech Annual Report (2010), p. 5.
25 http:l/oxforddictionaries.
within national borders (i.e. SABC channels), it may be appropriate to define the geographical market as national in scope.
Hence, the geographic market could be defined as either national or trans-national in scope. The Authority seeks more information from industry to assist with the market definition.
Do you agree that the appropriate wholesalebroadcasting transmission service is a Managed Transmission Service If not, please provide information on an alternative product definition?
Do you agree with the list of retail markets that have been identified by the Authority?
Do you agree with the list of wholesale markets for MTS that have been identified by the Authority?
11 . Do you agree that MTS for satellite and for Terrestrial are in separate markets?
Do you agree that MTS for Radio and MTS for Television are in separate markets?
Do you agree that MTS for local radio broadcasting is in a separate market to MTS for national and/or regional radio broadcasting {i.e. non-local radio broadcasting?
Do you agree that MTS for Analogue and Digital broadcasting should be considered in the same market?
MTS on the terrestrial network are national in scope?
Do respondents have any views on the correct geographic market definition for satellite broadcasting services Should it be defined as national or transnational?
Do respondents have any views on why any other licensee that owns high sites (apart from Sentech) would not wish to provide wholesale broadcasting transmission services?
This section provides an initial assessment of market power in the markets that have been defined by the Authority.
The nature of the broadcasting industry and television in particular is that broadcasters tend to enter into long-term contracts for the provision of wholesale broadcasting transmission services. The Authority notes that transmission supply contracts between Sentech and the television broadcasters are very long term in nature and often for as long the licensee has a licence (an 'evergreen' contract).
The Authority notes that over the next 2-3 years the industry will need to manage the switchover to digital broadcasting on the terrestrial network. This will involve the renegotiation of existing terrestrial broadcasting transmission supply contracts. The analysis in this section covers the period of development and contracting for this important change to the industry.
The Authority considers that Sentech has Significant Market Power in this market. As a result this market has been found not to be effectively competitive. The reasons for this are discussed below.
50 No.
Sentech has a high market share in the market and this has persisted for many years. There are two providers of MTS on the terrestrial network in South Africa: Sentech and Orbicom. Orbicom only provides MTS to M-Net.
While the Authority recognises that the audience share percentages would include viewers on satellite as well as terrestrial networks, it considers that audience share numbers provide a useful proxy for the relative market share of Orbicom and Sentech for MTS on the terrestrial network. Using this data, and excluding DSTV from the analysis (as DSTV does not broadcast on the terrestrial network), the broadcasters using Sentech's network make up around 99% of the total audience share, while Orbicom's customer (MNet's satellite broadcasting service and DSTV) make up only 1% of the total viewing audience.
E.tv provided the Authority with viewing figures for the major television stations in South Africa for the period January to September 2010. This data is presented in Table 3.
Source: e.
Using this information, it appears clear that Sentech has a very high market share, which is likely to have persisted for many years.
As discussed above, there are two existing operators in the market that provide MTS on the terrestrial network.
Sentech (Orbicom231 sites26 to an estimated 1200 sites for Sentech27)'. The Authority understands that Orbicom purchases a MTS from Sentech in order to provide a national coverage for its sole customer M-Net.
The Authority notes that while Orbicom and Sentech are in the same market, Orbicom has chosen to only provide services to MNet and Multichoice. This means that other broadcasters have no choice but to purchase MTS from Sentech.
The Authority considers that it is unlikely that there will be potential new competitors entering the market in the next 2-3 years.
Technological barriers that would make it difficult for a new entrant to provide a equivalent service to existing suppliers (e.g. if a new entrant built a new network of transmission sites, then the direction of all the antennas for existing customers would need to readjusted in order to provide a equivalent service).
Given these barriers to entry, it is difficult to see how a new entrant could justify the significant investment that would be required to enter the market and compete with existing suppliers.
The market is highly concentrated. Sentech has a market share of at least 45% and for many broadcasters is the only option for the supply of MTS for television broadcasting. The Authority considers that this is unlikely to change. Sentech is likely to be in a strong position to win any renewal or extension when existing contracts expire (or when new contracts for DTT are negotiated). This limits the potential for new entry into the market.
The Authority does not have detailed information on the relative size of Orbicom compared to Sentech in the provision of MTS for television broadcasting.
26Data taken from Orbicom's response to ICASA's industry questionnaire circulated as part of this inquiry.
Revenues (Sentech reports revenues from Terrestrial television of R345, 640,000 in 201 0 in its 201 0 Annual Report). Orbicom does not report its revenues.
Given the maturity of the analogue terrestrial network, it is not clear whether Sentech has any superiority per se in the provision of MTS. However, given the investment in the network over many years (including a period when it had exclusivity through legislation regarding transmission high sites), it benefits from considerable economies of scale and scope compared to Orbicom as well as any potential new entrant.
In addition, Sentech has been investing heavily in OTT. This has been funded by Government in order to enable the switchover to Digital TV to meet international and national policy guidelines. As a result, Sentech has significant benefits in providing a MTS for OTT when compared to Orbicom or a potential new entrant.
Broadcasters are unlikely to exert any significant countervailing bargaining power. Apart from MNet, none of the other broadcasters has a choice of provider.
Satellite broadcasting could potentially provide an alternative way to reach the required population coverage, but given that only a minority of the population have the equipment needed to receive satellite broadcasting, this is not a realistic option. As such, broadcasters are unable to threaten to take their business elsewhere.
As far as consumers are concerned (viewers), they are likely to be indifferent to the identity of the supplier of transmission. Since consumers do not pay a charge for transmission, or even a charge for broadcasting based on the level of consumption, their consumption decision cannot impact on the structure of the market. Since the transmission supplier has to provide transmission to a specific quality required by consumers, the choice of transmission supplier is therefore unlikely to be relevant in a consumer's decision to consume television broadcasts. Consumers pay a licence fee irrespective of the amount of viewing consumed. In addition, it would not matter from a consumer's perspective whether the content is provided over terrestrial or satellite networks (i.e. they would still be required to pay a licence fee). Given this, a decision by a consumer to switch from terrestrial TV to a satellite platform will have no impact on the incentives for pricing of terrestrial transmission. As such consumers have no countervailing bargaining power with respect to the pricing of terrestrial transmission services.
The Authority considers that this factor may have a significant impact on the market analysis. Sentechis a Government owned entity, and as such will have access to government funding, or other funding at the privileged rates that Governments may attract. Sentech is therefore likely to be in a privileged position compared to privately funded entities.
There are a number of significant barriers that make new entry unlikely over the period of this review (2-3 years).
Broadcasters appear to prefer an 'all in one' solution from a single provider with a guaranteed level of service quality. This indicates the value of a national team of sales and engineering staff from one company as it would be more difficult to maintain quality using regional or local sub-contractors.
The likelihood that multi-service customers will continue to want to use one provider for all of their broadcasting transmission services. There are likely to be economies of scope of provision (e.g. the benefits in dealing with one supplier for both radio and television MTS). Also, the forthcoming complex digital switchover project will need to be managed effectively. Customers ar~ unlikely to be keen to purchase MTS from different suppliers during this switchover period.
The Authority ~otes that OTT has only been rolled out to a small number of sites (and households) and the service itself is still at a pilot stage in a small number of geographic regions across the country. One view is that as digital television is rolled out (and digital transmission is built out to a larger number of sites across the country), there may be potential for third parties to begin to provide MTS from these other sites. However, the Authority believes that this is unlikely to happen in the short to medium term as broadcasters will still prefer to use a single supplier for their digital MTS services.
Historical commercial relationships are likely to be very important in this market. Sentech has been providing MTS to national television and radio broadcasters for many years. They have established procurement, installation, maintenance and monitoring systems to deliver broadcasting transmission services to the quality demanded by their customers in order to meet their licensing requirements (such as the population coverage obligations). Also, a significant part of the costs that Sentech incurs in providing MTS has already been incurred and represent "sunk cost". Sentech's transmission network has been built up over a nur.1ber of years and a new entrant would need to incur significant upfront investment in order to provide an equivalent MTS to existing customers.
In addition to the significant upfront costs in building a transmission network that could provide an equivalent service to compete with the service supplied by Sentech, a new entrant is likely to face difficulties in convincing existing Sentech customers to switch to a new supplier. A broadcasting customer would need to be convinced that a new entrant with no track record of supplying MTS would be able to deliver acomparable service to that provided by Sentech.
Existing broadcasters and future multiplex licensees are possible new entrants for supplying MTS. In the same way that MultiChoice has Orbicom to supply MTS to its two broadcasting companies (DSTV and MNet), the same structure could potentially occur with other broadcasters. However, in response to question 1.5 of Part B of the Questionnaire, existing broadcasters such as e.tv and SABC have indicated that they are unable to invest in the range of expertise and skills required to develop an alternative MTS supplier as it is not their core business.
A key characteristic of the market is the agreement of long-term contracts. between Sentech and its customers (such as SABC). The long-term nature of these contracts are explained in part by the need to ensure stability of revenues in order for Sentech to invest inthe network as well as a stability of the supply of transmission services to enable broadcasters to meet their licence obligations. This would make it difficult for new entrants to get business from existing broadcasters.
The staggered timing of existing contracts (with some contracts being agreed into perpetuity) would make it difficult for a new entrant to plan its network and build a business case that allows an adequate return on its investment. It will additionally be difficult for a new entrant to compete for the business of existing customers. For example, if an existing customer chose to exit from an existing contract, therefore facilitating new entry, it will likely trigger compensation payments to Sentech.
Apart from Orbicom, which has developed a small terrestrial network there has been no evidence of any entry into the market from either broadcasters or from firms from other markets to provide MTS for national television broadcasting. This is despite the changed licensing regime that now allows any firm with the appropriate licence to self-provide broadcasting transmission services. However, as discussed earlier, Orbicom has chosen to only provide MTS to M-Net so does not offer a competing service to other broadcasters. Hence, broadcasters have no choice but to purchase MTS from Sentech.
As the industry moves from analogue to digital transmission, it is clear that there are major technological change will occur in the industry over the next few years. However, in terms of the supply of MTS for television broadcasting, many otthe same structural features of the service will remain in place over the time period of the market review. This is due to the fact that it is proposed that analogue and digital transmission co-exists (dual illumination period) over a period of time to help with the transition to OTT.
On the terrestrial network the fundamental requirements of providing a MTS will remain, such as the need to secure mast and sites for transmission services as well as the associated services that make up a managed transmission service including procurement, installation, monitoring and maintenance. Many of these competencies are common to both analogue and digital MTS. It is likely that broadcasters will still require a certain level of service quality as well as specific coverage in order to meet their licence obligations. Hence, it appears that there is little scope for innovation or product augmentation that could encourage a new entrant to provide a differentiated product to entice existing customers away from Sentech. The presence of excess capacity in a market means that the producers are more likely to compete on price in order to capitalise on the available capacity. However, owing to the service being delivered by dedicated equipment and specialised staff, there is no evidence that excess capacity is a characteristic of this market.
The Authority considers that there is likely to be a low elasticity of demand for MTS on the terrestrial network. This is due to the fact that obtaining MTS is a necessary requirement for broadcasting on the terrestrial network. Once the broadcaster has obtained the necessary spectrum and broadcasting licences, they can only fulfil their licence obligations to reach a certain percentage of the South African population by obtaining MTS from the terrestrial network supplier. There is no scope for the broadcaster to respond to an increase in the price of MTS by reducing demand or to substitute to an alternative transmission platform, such as satellite. While satellite broadcasting may have wide geographic coverage in South Africa, the fact that most end-users only have access to the terrestrial network to obtain television content means that broadcasters would not be able to meet their licence obligations if they switched their supplier of MTS to a satellite signal distributor.
OTT provides the potential for new sources of demand; however, due to the greater efficiency of spectrum use, it is unlikely to lead to higher volumes of MTS in aggregate.
The Authority does not consider that this factor has a significant impact on the market analysis. Sentech is not vertically integrated (i.e. it does not produce content). Orbicom is part of a broader group of companies, which include a distributor of content (MNet), however, given Orbicom's relatively small market share (compared to Sentech); this does not have a significant impact on the competitive analysis.
This market is defined as managed transmission services that are provided to radio broadcasters that have licensed areas that are national or regional in scope. Local broadcasting is not included in this market and has been defined separately. The Authority considers that Sentech has SMP in this market and that competition has been found to be ineffective.
The Authority understands that Sentech is the only supplier of MTS for national and/or regional radio broadcasting (i.e. non-local). Hence, it has a 100 per cent market share in this market.
Sentech is the only supplier in the market. Similar to the analysis for MTS for television broadcasting, the Authority considers that it is unlikely that any new entrants will emerge in the near future.
Sentech currently has 100% market share at the national and/or regional market and it had maintained this dominant market share since it began providing services to the industry. Its existing high market concentration was built up over a number of years when it had exclusivity over the high-sites for transmission masts. The inability for any firm to provide a MTS in the years while the national transmission network was being rolled out is likely to be a contributing factor to why the market is highly concentrated.
Sentech is the only provider in the market. Sentech has not provided a detailed breakdown of its revenues for the non local terrestrial radio broadcasting market, to allow for an estimate of the absolute size of its business in this market segment.
Similar analysis can be applied in this market to that used for Sentech's market advantages in MTS for television broadcasting.
There is little to no countervailing bargaining power for radio broadcasters or for endusers (listeners) due to the lack of choice of other MTS providers and Sentech's 1 00% market share, and the relative scale of an individual radio broadcaster's contract compared with Sentech's overall revenues. Similar analysis can be applied in this radio transmission market to the analysis used for MTS for television broadcasting where Sentech has more than 98% market share.
In a similar manner to the analysis made above for the market for MTS for television broadcasting, Sentech is a Government owned entity, and as such will have access to government funding, or other funding at the privileged rates that government may attract. Sentech is therefore likely to be in a privileged position compared to privately funded entities.
Similar analysis can be applied in this market to that used for Sentech's market advantages in MTS for television broadcasting. The Authority considers there are high barriers to entry as well as significant sunk costs that would be faced by a new entrant. It is difficult for existing broadcasters to self-provide in this market, given the need to have a dedicated maintenance team to manage the quality of the MTS. Broadcasters have told the Authority that they do not have the necessary in-house skills to selfprovide transmission services and consider that Sentech is the only option for their MTS requirements.
Based on the country-wide Infrastructure that Sentech controls and the customer base that it attracts, the Authority regards Sentech as benefiting from economies of scale. In addition, due to the network of high sites and towers, Sentech benefits from economies of scope since it may place transmitters for television, radio and potentially other technologies on its towers.
Although the facilities required for wholesale broadcasting transmission are extremely difficult and potentially very expensive to duplicate, the facilities may be duplicated if an entrant firm really wished to make the significant investment. The Authority, therefore, does not consider these to be "essential facilities", as tested against the definition in the ECA.
The Authority does not consider that this factor has a significant impact on the market. analysis.
This market is defined as managed transmission services that are provided to radio broadcasters that have small geographically licensed areas or, in other words, are local in scope. The Authority considers community broadcasters are customers of MTS in this market. National and regional radio broadcasting is not included in this market and has been defined separately.
The Authority considers that Sentech has SMP in this market based on its market share and therefore the market has been found to be ineffectively competitive.
The Authority considers that all community radio broadcasters are local. Sentech has indicated that it supplies MTS to 60% of community radio broadcasters. Hence, the Authority considers that it is reasonable to assume that Sentech has a 60% market share in the local radio broadcasting market.
The Authority does not have detailed data on the level and trends in market concentration in this market. However, Sentech has indicated that it supplies MTS to 60% of community broadcasters (which the Authority considers are all local radio broadcasters). This suggests a highly concentrated market. The new ECA introduced a technology neutral licensing regime that allows licensees to self-provide their transmission facilities. In addition, the electronic communications facilities leasing regulations provide a framework for access to the high-sites and other electronic communications facilities of Sentech as well as other infrastructure providers. This provides an alternative avenue to purchasing MTS from the national terrestrial network (Sentech) for existing broadcasters to self-provide their transmission requirements.
This factor is helpful in assessing market power with reference to the size of the undertaking that might provide an advantage over its competitors.
The Authority considers that the largest provider in this market is Sentech (which offers MTS for local radio broadcasters across the country). With a national terrestrial network it is a significantly larger undertaking than each of the local community broadcasters who self-provide their broadcasting transmission services.
Where local radio broadcasters self-provide their transmission requirements the scope of their transmission network will be equal to the size of their licensed area. The Authority is not aware of any local broadcasters that use third party wholesale providers (who could provide MTS across a larger range of licensed coverage areas). The Authority is also not aware of local radio broadcasters who have pooled their resources and provided broadcasting transmission services beyond the licensed coverage area of an individual broadcaster.
Community broadcasters who indicated that they self-provided their transmission requirements did not provide sufficient information on the size of their operations.
Technical advantages or superiority may represent a barrier to entry and also possibly an advantage over existing competitors. Unlike national and regional MTS for radio broadcasting, local MTS is likely to require much lower power transmission and the technology is potentially more reliable. MTS for local radio broadcasting requires less specialised skills in the provision of the service, which allows some local radio broadcasters to self-provide their MTS requirements.
Compared to MTS for national and regional radio broadcasting, there is likely to be greater countervailing bargaining power in this local terrestrial broadcasting market as local radio broadcasters do have an alternative to Sentech as a supplier, i.e. to selfprovide, or to purchase from a third party MTS party (if one existed).
However, besides self-provision, the Authority is not aware of any other alternative suppliers for MTS at the local level.
As before, Sentech is a Government owned entity, and as such will have access to government funding, or other funding at the privileged rates that Governments may attract. Sentech is therefore likely to be in a privileged position compared to privately funded entities.
Control or ownership over a large network may present a significant barrier to entering the market, particularly if entering the market requires the entrant to invest significant time and resources to replicate the incumbents' network. Sentech already has an extensive national terrestrial network that provides MTS for local radio broadcasters across the country.
62 No.
Local broadcasters have the ability to request access to Sentech's transmission sites, as well as the sites of other infrastructure owners to install transmission equipment. Local broadcasters . can request and receive access using the provisions of the Electronic Communications Facilities Leasing regulations. These regulations act to reduce the costs of entry into the market for local broadcasters. In this market, therefore, the impact of the economies of scale and scope that Sentech enjoys is reduced.
Similar analysis can be applied in this market to that used for Sentech's market advantages in MTS for television broadcasting and for non-local radio broadcasting.
In considering the local market, local radio stations may, in fact, be vertically integrated to the extent that they self-provide. However, the Authority does not consider that the level of vertical integration in a number of the local radio broadcasters has a significant impact on the market analysis since it does not appear to provide· an ability to counter significantly the market power of Sentech.
Based on the discussion in section4.4.4, the Authority is not in a position at this stage to make conclusive decisions regarding the market power for satellite broadcasting transmission services. Moreover, due to the potentially trans-national nature of this market, the Authority is also not in a position to regulate this market, as the providers of satellite transmission services fall outside of the Authority's jurisdiction.
To clarify this statement, it should be understood that the broadcasters that make use of satellite broadcasting transmission services fall within the Authority's jurisdiction and require licenses, however the satellite broadcasting transmission service providers themselves do not require to be licensed in South Africa.
It is nevertheless noteworthy that the Authority considers that existing market dynamics for the satellite wholesale broadcasting transmission services market tend towards competitive outcomes. While there are likely to be quite high barriers to entry into the market, there already exist a number of firms supplying MTS for satellite broadcasting in South Africa (Orbicom, Sentech and ODM). In addition, customers of MTS for satellite broadcasting have a range of options when choosing a supplier and can relatively easily switch between suppliers if required. For this reason, it is likely to be difficult for existing suppliers to maintain price& above competitive levels for a sustained period..
In addition, the Authority notes that the channels of free-to-air public broadcasters (SABC 1, 2, 3) are carried by satellite broadcasters at no charge to the public broadcaster. This is due to regulatory conditions that have been imposed on subscription broadcasters that oblige them to carry public broadcasting channels.
The above factors, when combined with regulations already in place (i.e. 'must-carry' 'obligations) mean that the Authority does not consider it necessary to carry out a full market analysis and that no pro-competitive remedies are likely to be needed in this market.
Do you agree with the initial views of the Authority that Sentech has SMP in the market for MTS for national terrestrial television broadcasting?
Do you agree with the initial views of the Authority that Sentech has SMP in the market for MTS for the purpose of national terrestrial radio broadcasting (nonlocal)?
Do you agree with the initial views of the Authority that Sentech has SMP in the market for MTS for the purpose of national terrestrial radio broadcasting (local)?
Do you agree with the initial views of the Authority that the market for MTS for the purpose of satellite broadcasting is effectively competitive and falls outside of its jurisdiction due to its trans-national nature?
Do you have any data regarding the market, other than that used by the · Authority to make its initial views?
The provision of managed transmission services for the purpose of providing terrestrial radio broadcasting services within South Africa at a location other than at a local level.
This section provides an initial assessment of the potential consequences of ineffectivecompetition in the above-mentioned markets. It also provides an overview of potential pro-competitive remedies that can be imposed in light of the Authority's initial views on the level of competitiveness of the defined markets. The Authority considers that further competition is unlikely in the markets for MTS on the terrestrial network (radio and TV). The Authority considers that these markets are not dynamic and have limited prospects for new entry. It is also considers that the current state of these markets is likely to persist for the period under review, even with developments such as the migration to digital television broadcasting.
Chapter 1 0 of the EGA sets out the approach that the Authority must adopt in addressing anti-competitive behaviour and the procedures it must follow in applying exante measures to licensees found to have significant market power within the defined markets where competition is found to be ineffective. The Authority has proposed a definition of the market for wholesale broadcasting transmission services and set out a preliminary assessment of the market in this Discussion Document. In analysing the wholesale broadcasting transmissionservices market, the Authority has set out a methodology that it proposes using to determine the effectiveness of competition and the pro-competitive conditions that may be imposed upon licensees with SMP where the Authority determines such markets or market segments have ineffective competition.
The Analysis suggests that there may be SMP in the terrestrial network in all the 3 defined markets, but not in the MTS market for satellite.
In the absence of regulation, licensees found to have SMP can potentially adversely impact the market through exploiting their market power.
Delays in providing MTS within reasonable timeframes.
The purpose of proposed regulation of the markets is to ensure that consumers of MTS can secure it on reasonable terms. The purpose of regulation in the wholesale market is ultimately to benefit end-users. In the terrestrial broadcasting market the benefits to endviewers are likely to be indirect in nature as end-users of 'free-to-air' broadcasting do not pay directly for the service (apart from an annual TV licence fee). The benefits would accrue through, for example, the flow-on effects of lower input costs to broadcasters, which could lead to better quality programmes as well as greater broadcasting content offered.
The Authority must, in terms of the EGA, consider all of the potential remedies and decide which are the most appropriate to impose, if any, based on an assessment of the markets.
Regulatory action is warranted when SMP is found in a properly defined market. In terms of section 67{4)(c), the Authority is required to set out the pro-competitive measures that it may impose in order to remedy the perceived market failure in the markets or market segments found to have ineffective competition.
provide access to broadcasting signal distribution and encourage the development of multi channel distribution systems in the broadcasting framework (Section 2(x); and promote stability in the ICT sector (section 2(z).
As such, the specific obligations imposed must be based on the nature of the problem identified, and must be proportionate and justified. Proportionality refers to the Authority undertaking the minimum intervention required, to achieve the objective set out. 29 This approach will ensure that regulation, when it is applied, is targeted at addressing market failure in the defined markets. This approach is aligned with requirements for proportionality as set out in several other jurisdictions including the European Union.
In addition to being proportionate, a remedy should be justified and related to solving a potential competition problem identified in the market. As such, each remedy considered in this Discussion Document seeks to address one of the problems of inefficient provision of wholesale broadcasting transmission services. Problems could arise either through raising prices for access to the wholesale inputs above a competitive level, and/or by providing access at an inferior level of quality, as discussed immediately below. The proposed remedies seek to prevent the effects of the potential problems in the markets, and to counter the consequences of SMP in the defined markets.
29ERG Common Position on the approach to appropriate remedies in the new regulatory framework, page 62 the Authority recognises that all the remedies it proposes to impose must, be analysed in a forward looking manner, and has included this in its assessment.
A cost accounting obligation to support the price control obligation.
The approach to each proposed obligatior1 is discussed below.
The Authority is of the view that the imposition of ex ante obligations does not depend on the abuse of a dominant position; but it seeks to prevent such abuse. Therefore the Authority has amongst its options, the option to put in place pro-competitive remedies to ensure access, transparency and non-discrimination to enable all broadcasters to compete effectively. The Authority would furthermore seek to introduce the procompetitive remedies to remove the market distortions that occur as a result of inefficient pricing and low quality service provision.
The remedies are furthermore aimed at providing certainty to the market with respect to the treatment of wholesale broadcasting transmission services in the period under review. The consideration of this market is timely in view of the renegotiation of contracts soon to provide for digital switchover, which may put Sentech in a position of strength as the industry negotiates with it to ensure the timely implementation of OTT rollout. This legal and policy certainty is critical in the interests of licensees and consumers alike.
68 No.
Facilities Leasing Regulations made in terms of that section. All operators must meet reasonable requests for facilities, including equipment like feeders and antennae, which are used by suppliers of MTS to transmit the broadcast signal (i.e. those that are technically and economically feasible and will promote the efficient use of electronic communication networks and services). They must accordingly make information available to facilities seekers with respect to terms and conditions, including prices.
meet designated timelines.
The Authority is of the view that the existing Facilities Leasing Regulations which apply to the provision of facilities broadly can be used to promote the self-provisioning and leasing of wholesale broadcasting transmission facilities and services that fall within the scope of the markets as defined. This would additionally cover the markets for access to masts and sites for the purposes of self-providing wholesale broadcasting transmission. The Authority is of the view that in light of the information obtained through the questionnaire and evidence presented to the Authority during industry interviews, the timeframes for provision of access and the finalisation of agreements could be a challenge for new entrants and smaller broadcasters. There is no evidence of the broadcasting sector having used these regulations to request access, or to address any problems that may have arisen from accessing MTS, such as agreement terms and conditions, quality of service requirements, Service Level Agreements (SLAs) and disputes. The Authority thus proposes ensuring awareness by broadcasting licensees of the Facilities Leasing Regulations, and reinforcing the access obligations set out in the regulations. It is the Authority's view that this approach would be appropriate and proportionate to address the concerns raised relating to access.
and (e) of the EGA can be used in relation to addressing potential problems in the defined markets. Section 45 of the EGA provides, amongst others, transparency related obligations; concluded agreements must be made public. This acts as a constraint to anti-competitive behaviour which might otherwise emerge such as delaying tactics, refusal to deal and discrimination.
It is necessary to avoid the effects of inefficiencies at the level of the SMP Operator, the impact of delaying tactics and disputes. It is furthermore critical to ensure that broadcasters seeking access to MTS do not have their costs unduly raised through the behaviour of a SMP Operator. As such, the Authority considers that it may be beneficial to the market for SMP Operators to publish a standard Reference Offer for MTS within a reasonable period (e.g. 3 months) after the finalisation of any regulations that may result from any ensuing process.
A requirement to publish a Reference Offer serves two key purposes assisting with transparency so that potential anti-competitive behaviour can be more effectively monitored; and making clear and available the terms and conditions on which other providers will purchase upstream inputs. Effectively, the Reference Offer will ease market entry through facilitating quicker negotiations, avoiding disputes on standard terms, and providing new entrants with confidence in terms of the access, quality and pricing that they receive from the SMP operator. This in turn improves competition in the market as well as the relevant upstream markets.
In light of the definition proposed in the Discussion Document of managed transmission services which includes all of the equipment (other than masts) which is used by signal distributors to transmit the broadcast signal (i.e. transmitter, combining unit, feeder and antenna) received via the satellite distribution network, charges urder the Reference Offer must be sufficiently unbundled to discourage tying and bundling so that facilities seekers are not required to pay for facilities or services that are not necessary for managed transmission services.
Terms relating to maintenance, quality and safety standards including Service Level Agreements and standards.
The Authority is cautious about imposing regulation in a heavy handed manner. The Authority believes that the Reference Offer obligation is not overly burdensome since the SMP Operator must prepare facilities leasing agreements in the form of Master Signal Distribution and other agreements in any event. They also are likely to have existing price lists for MTS in place. The requirement relates to the standardisation and publication of same. It provides that the SMP Operator advise potential facilities seekers of the terms on which services are expected to be commonly provided and will ease the provision of access by the SMP operator. A benefit of this for the SMP Operator is that it may encourage the use of its facilities and increase the effective use of assets.
The Authority's thinking is that the Reference Offer will include reference to proposed charges for different elements of network access, which charges should be cost oriented. The charges for the provision of managed transmission services must be reasonably derived from the cost of provision.
Do the existing Facilities Leasing Regulations adequately address the potential challenges with respect to entering into a Master Service Agreement with Sentech?
Are any amendments to the regulations needed to better cater for the potential consequences of SMP in the defined markets, or are separate regulations needed (Please explain)?
Is access an appropriate remedy in light of structural concerns with the market high sunk costs, no possibly of a new entrant in the short term, etc?
Is the proposed Transparency Obligation appropriate, proportionate and justifiable?
If the obligation is adopted, should the Authority provide a Model RO, or should the obligation rest on the SMP Operator to initiate the RO?
What is the most efficient and effective way to make an RO available to all affected operators to use as they enter into negotiations with the SMP Operator i.e. website, Library, etc?
Should existing agreements be amended to bring them into line with the terms of the published RO If not, how should existing agreements be treated?
A non-discrimination obligation as provided for in section 67(7)(c) of the ECA requires an SMP Operator to apply equivalent conditions in equivalent circumstances to competitors that provide equivalent services, and provide services and information to others under the same conditions and of the same quality as it provides for its own services, or those of its subsidiaries, partners or affiliates. A non-discrimination obligation requires that third party access seekers are treated in a similar manner and no less favourably than the SMP operators' internal divisions.
Section 43(7) of the ECA and the Facilities Leasing Regulations also provide for nondiscrimination with respect to the !easing of facilities (broadly).
The manner in which the Authority proposes imposing a non-discrimination obligation is through enforcement of the Facilities Leasing Regulations coupled with a (transparency) requirement for operators with SMP in the defined markets to be required to prepare and make available an MTS Reference Offer.
The non-discrimination obligations include non-discrimination on quality. It is important that the SMP provider of MTS provides such services at an agreed standard. Through anecdotal evidence and interviews it has become clear that some of the smaller broadcasters have concerns relating to the SLA with Sentech. The Authority proposes including a standard SLA in the Reference Offer. This will promote both transparency and non-discrimination.
The non-discrimination obligations set out in existing regulations and legislation do not create any obligations with respect to pricing. The proposed obligations arising from this market review complement the existing framework in that they inc;:lude nondiscrimination obligations with regard to pricing. The Authority understands that volume based discounts may be provided, and does not seek to prevent this commercial behaviour if it is done in a fair and transparent manner. Non-discrimination on pricing can be enforced through inclusion of price lists in the Reference Offer.
Is the proposed Non-Discrimination Obligation appropriate, proportionate and justifiable Please explain your views?
Are there other areas in addition to pricing and QoS whether there are concerns relating to non-discrimination?
Should existing agreements be amended; and, if so, how?
Section 67 of the ECA allows for the Authority to impose price control obligations in markets where ineffective competition has been found. The ECA provides that the Authority may impose "such price controls, including requirements relating to the provision of wholesale and retail prices " Priet:~ Control obligations can range from light (e.g. an obligation that prices are fair and reasonable) to heavy (e.g. an obligation that prices are cost oriented or cost-based).
In a competitive market, pricing for MTS would in all likelihood be cost-reflective; this is due to the presence of effective pricing constraints that would be in place in light of competition. In order to prevent the risk of excessive pricing that exists in a market with insufficient competition, one of the potential consequences of SMP, the Authority's initial view is that it may impose requirements regarding the recovery of costs and may require that the charges for MTS and network access be cost oriented.
Any wholesale price control mechanism that the Authority adopts will have to promote efficiency in a sustainable manner which does not distort the market. ICT regulators control the prices in markets where there appears to be an access bottleneck due to the existence of market power according to the costs that an efficient operator employing the latest available technology would incur. In arriving at the costs of an 'efficient operator', the Authority is aware of the need to balance the needs of the public and end users who seek high quality services at reasonable and affordable rates with those of operators who need to achieve a suitable rate of return on their investment. Any proposed "efficient charge" that the Authority could set would have to take into account these considerations.
There are different forms of wholesale price control possible to try to determine what an appropriate and efficient charge would be.
The approaches set out above are not mutually exclusive. The Authority notes that cost orientation is best achieved using information obtained through a cost model. The Authority has to date not created a cost model that would enable it to accurately estimate MTS prices, nor did Sentech provide sufficient information in response to the industry questionnaire to conduct proper cost analysis. As a future remedy, the Authority could impose a regulatory accounting requirement to enable it to gather information for use in the next review of these markets. However, the Authority believes that setting such an obligation at this stage would be a burdensome approach, and may not be proportionate.
Pricing in the digital transmission era cannot be any higher than existing contracted pricing for analogue transmission services and should be expected to be lower (given the greater efficiency of the spectrum use).
In light of the numerous facilities and services included under MTS (i.e.
On one hand, the Authority could deal with the pricing of each specific service provided as part of the managed service separately; or it could require that the MTS charge be reasonably derived from the costs of provision, as has been done in other jurisdictions.
The Authority is of the view that in light of the information available to it and bearing in mind the characteristics of the market, the latter approach is preferred. It guards against SMP operators raising prices to levels that were not reflective of costs and offers a basis for investigating such prices in the event of necessary regulatory intervention. It is proportionate as it is confined to the MTS and it furthermore ensures that Sentech may allow for the realistic costs of provision to be accounted for when setting prices and does not exclude them from making flexible pricing decisions where objectively justified.
In addition to imposing a pricing obligation, the Authority considers that it may be worthwhile to put in place measures to ensure that licensees can appeal a proposed price, should they have information to indicate that it is excessive. Under an appeals mechanism, the Authority can address the complaint through existing processes.
Is the proposed Pricing Obligation appropriate, proportionate and justifiable?
Do you agree with the 'light touch' approach that the Authority proposes relating to cost orientation?
Do you believe that a Regulatory Accounting obligation would be proportionate to the harm that the remedy seeks to address?
Should existing agreements be considered for amendment with respect to price Please provide justification in support of your view?
The first step is to outline the services to be considered relevant for a market definition process from a functional and geographic perspective.
A relevant product market comprises products or services that are sufficiently substitutable. An assessment of demand-side substitutability is the starting point for the definition of a relevant product market. It is also relevant to assess whether substitutability exists on the supply side of the market.
Demand-side substitutability exists when two or more products in the market are, in the perception of the end user, mutually exchangeable or substitutable on the basis of certain characteristics (such as price and the utility they provide to the end-user).
Supply-side substitutability exists when providers of other (non-substitutable) products, as a response to a small price change in the short term, can change their production or distribution and offer substitutable products without incurring significant additional costs or substantial risk.
An acknowledged method of analysing substitutability is the so-called 'hypothetical monopolist test'. The aim is to find the best-defined market in which a hypothetical monopolist is able to exercise market power. The test is done on the basis of a small but significant (in practice 5-10 %) and non-transitory increase in price (SSNIP) for the relevant product, based on the assumed price level in a market with effective competition. All other prices are assumed to be unchanged. Then one assesses the effect of the price increase in the relevant market and assesses the total effect on the producer's revenue as a result of the price increase.
The method depends on a significant amount of data that will often be difficult to produce. Alternative approximation methods may therefore also be applied.
The hypothetical assessment should be supplemented by actual information on behaviour on the supply and demand sides to the extent that such information is available. On the demand side, allowance should be madefor such factors as an end users' access to information, switching costs and other lock-in mechanisms.
Once the relevant product markets have been identified the next step is to define the geographic market. The outer geographic borders for the relevant product market will generally be determined by the extent of the network and the jurisdiction of the legal regulation of the market. The extent to which a more detailed geographic definition of the market has to be carried out will rest on an assessment of the substitutability of the relevant products and services on the supply and the demand side, using the Hypothetical Monopolist test, as described above.
The relevant geographic market is that area in which the relevant products and services are provided on sufficiently similar or homogeneous competitive terms. In assessment of substitutability on the demand side it is important to take account of preferences and geographic purchase patterns, if such information is available. With this as the basis the markets can be defined regionally within the national frontiers, nationally or transnationally. Given jurisdictional issues, the Authority can only define regional or national markets.
<fn>GOV-ZA.34377358En.2012-02-10.en.txt</fn>
GENERAL NOTICE IN TERMS OF THE RESTITUTION OF LAND RIGHTS ACT, 1994 (ACT N0.22 OF 1994) Notice is hereby given in terms of section 11 of the Restitution of Land Rights Act, 1994 (Act No.
REFERENCE : 6/213/D/50fl80/875fl3 CLAIMANT : Christian Robert PROPERTY : erf 957 Weston DISTRICT : Hankey 1 Cacadu MEASURING :714 sqm DEED OF TRANSFER : nla DATE SUBMITTED :31st December 1998 BONDHOLDER CURRENT OWNER . : Kouga Municipality Has been submitted to the Regional Land Claims Commissioner for Eastern Cape and that the Commission on Restitution of Land Rights will investigate the claim in terms of the provisions of the Act in due course.
<fn>GOV-ZA.34377362En.2012-02-10.en.txt</fn>
MoU between the Petroleum Oil and Gas Corporation of South Africa and Sonatrach Petroleum Corporation.
<fn>GOV-ZA.34377363En.2012-02-10.en.txt</fn>
Notice is hereby given in terms of section 11 of the Restitution of Land Rights Act, 1994 (Act No.
Commission on Restitution of Land Rights will investigate the claim in terms of the provisions of the Act in due course.
<fn>GOV-ZA.34377364En.2012-02-10.en.txt</fn>
(ACT N0.22 OF 1994) Notice is hereby given in terms of section 11 of the Restitution of Land Rights Act, 1994 (Act No.
REFERENCE : 612/31DI50/780187511 03 CLAIMANT : Ashton Walsh PROPERTY : erf 725 Hankey DISTRICT : Hankey I Cacadu MEASURING : 3673 sqm DEED OF TRANSFER : T312011928 I T246911972 DATE SUBMITTED : 24 September 1995 BONDHOLDER CURRENT OWNER : W & 0 Trust Has been submitted to the Regional Land Claims Commissioner for Eastern Cape and that th.e Commission on Restitution of Land Rights will investigate the claim in terms of the provisions of the Act in due course.
<fn>GOV-ZA.34377368En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.34377370En.2012-02-10.en.txt</fn>
(ACT N0.22 OF 1994) Notice is hereby given in terms of section 11 of the Restitution of Land Rights Act, 1994 {Act No.
<fn>GOV-ZA.34377386En.2012-02-10.en.txt</fn>
REFERENCE : 6/213/D/5onsOJS75t120 CLAIMANT : Feziwe E. Bell PROPERlY : 966Weston DISTRICT : Hankey I Cacadu MEASURING : unspecified DEED OF TRANSFER : n/a DATE SUBMITTED : 24 August 1 995 BONDHOLDER CURRENT OWNER : Kouga Municipality Has been submitted to the Regional Land Claims Commissioner for Eastern Cape and that the Commission on Restitution of Land Rights will investigate the claim in terms of the provisions of the Act in due course.
<fn>GOV-ZA.34377387En.2012-02-10.en.txt</fn>
REFERENCE : 6/2/3/D/50{780/875/43 CLAIMANT : Gamat Williams PROPERTY : erf 86, Hankey DISTRICT : Hankey I Cacadu MEASURING : unspecified DEED OF TRANSFER : T9700/1939 DATE SUBMITTED : 22 June 1995 BONDHOLDER CURRENT OWNER : Martin Plaatjies Has been submitted to the Regional Land Claims Commissioner for Eastern Cape and that the Commission on Restitution of Land Rights will investigate the claim in terms of the provisions of the Act in due course.
<fn>GOV-ZA.34377388En.2012-02-10.en.txt</fn>
REFERENCE : 6/2/3/D/50/780/875/97 CLAIMANT : Hyme P. Rossouw PROPERTY : erf 333 Centerton DISTRICT : Hankey I Cacadu MEASURING : 991 sqm DEED OF TRANSFER : n/a DATE SUBMITTED : 311 December 1998 BONDHOLDER CURRENT OWNER : P.C. Du Preez Has been submitted to the Regional Land Claims Commissioner for Eastern Cape and that the Commission on Restitution of Land Rights will investigate the claim In terms of the provisions of the Act in due course.
<fn>GOV-ZA.34377404En.2012-02-10.en.txt</fn>
(Forms are provided in PDF format. To open PDF documents, you need to have Adobe Acrobat Reader 4 or higher installed on your computer.
Beijing - The US Federal Reserve announced on Wednesday that the Federal Reserve Bank of New York will lend an 85 billion dollar-bridge-loan to American International Group Inc. (AIG) to save the country's biggest insurer from bankruptcy.
The US government, according to reports, is trying to rescue the troubled insurance giant to stave off a bankruptcy because if AIG fails, it could trigger a wave of problems for banks around the world, and could throw the global stock markets into the ugliest chapter of the financial meltdown.
"The Board determined, that, in current circumstances, a disorderly failure of AIG could add to already significant levels of financial market fragility and lead to substantially higher borrowing costs, reduced household wealth and materially weaker economic performance," the Fed said in a statement.
In return, the US government will receive a 79.9 percent equity interest in AIG and has the right to veto payment of dividends to common preferred shareholders in the deal, the Fed added.
"They're too big to fail. AIG touches too many people and too many companies globally, and it would be much more of a disorderly event if it went bankrupt than it was with Lehman," said Anton Schutz, president of Mendon Capital in Rochester, New York.
<fn>GOV-ZA.34377405En.2012-02-10.en.txt</fn>
In accordance with the Anti-Dumping Regulations of the International Trade Administration Commission of South Africa, any definitive anti-dumping duty shall be terminated on a date not later than five years from its imposition, unless the authorities determine, in a review initiated before that date on their own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time prior to that date, that the expiry of the duty would be likely to lead to continuation or recurrence of dumping and material injury.
On 07 May 2010, the Commission notified the SACU industry through Notice No.369 of 2010 in Government Gazette No.33151, that unless a substantiated request is made by the SACU industry indicating that the expiry of the anti-dumping duties on frozen meat of fowls of the species GALLUS DOMESTICUS, cut in pieces with bone-in originating in or imported from the USA, would likely lead to the continuation or recurrence of dumping and material injury, the anti-dumping duties on the subject product originating in or imported from the USA will expire on 26 October 2011.
The International Trade Administration Commission of South Africa (the Commission) received a sunset review application from FC Dubbelman and Associates on behalf of Southern Africa Poultry Association (SAPA) representing the SACU industry alleging that the expiry of antidumping duty on frozen meat of fowls of the species GALLUS DOMESTICUS, cut in pieces with bone-in originating in or imported from the USA would likely lead to the recurrence of dumping and material injury.
66 No.
The application was lodged by FC Dubbelman and Associates on behalf of (SAPA) representing the SACU industry. SAPA represents about 80 per cent of the SACU producers of the subject product but in this case represent Rainbow Farms (Pty) Ltd, Earlybird Farm (Pty) Ltd and County Fair Foods (Pty) Ltd. The Applicant alleged that the expiry of the anti-dumping duty would likely lead to recurrence of dumping and the recurrence of material injury. The Applicant submitted sufficient evidence and established a prima facie case to enable the Commission to arrive at a reasonable conclusion that a sunset review investigation should be initiated.
The product allegedly being dumped is frozen meat of fowls of the species GALLUS DOMESTICUS, cut in pieces with bone-in, classifiable under tariff heading 0207.14.
The allegation of recurrence and continuation of dumping is based on the comparison between the normal value and the export price.
The normal value was based on a constructed normal value using the broiler price as the basis for the construction since the USA domestic sales were not made in the ordinary course of trade because of the particular market situation. The export price was based on the official import statistics obtained from the South African Revenue Service (SARS). The import price was adjusted downward by 5 percent for inland freight.
On this basis, the Commission found that there was prima facie proof of the likelihood of recurrence of dumping if the duties expire.
The Applicant alleged and submitted prima facie evidence to show that should the anti-dumping duties be removed, the alleged imports will undercut the SACU's selling price and the Applicant will experience price depression and price suppression. The Applicant's information indicated that it would experience a decline in sales volume, sales value, profit margins, output, market share, capacity utilisation, return on investment, employment, wages, growth, cash flow and an increase in inventories if the anti-dumping duties expire.
On this basis the Commission found that there is prima facie proof of the material injury if duties expire.
PERIOD OF INVESTIGATION The investigation period for dumping is from 01 January 2010 to 31 December 2010, and the injury investigation involves evaluation of data for the period of 01 January 2008 to 31 December 201 0. The Commission also considered an estimate of what the situation will be, if the antidumping duties expire.
PROCEDURAL FRAMEWORK Having decided that there is sufficient evidence and a prima facie case to justify the initiation of a sunset review investigation, the Commission has began an investigation in terms of section 16 of the International Trade Administration Act, 2002 (the ITA Act).
Regulations of the International Trade Administration Commission of South Africa (ADR). Both the ITA Act and the ADR are available on the Commission's website (www.itac.org.za) or from the Trade Remedies section, on request.
In order to obtain the information it deems necessary for its investigation, the Commission will send non-confidential versions of the application and questionnaires to all known importers and exporters, and known representative associations. The trade representative of the exporting country has also been notified. Importers and other interested parties are invited to contact the Commission as soon as possible in order to determine whether they have been listed and were furnished with the relevant documentation. If not, they should immediately ensure that they are sent copies. The questionnaire has to be completed and any other representations must be made within the time limits set out below.
CONFIDENTIAL INFORMATION Please note that if any information is considered to be confidential then a non-confidential version of the information must be submitted for the public file, simultaneously with the confidential version.
a summary of the confidential information which permits a reasonable understanding of the substance of the confidential information; and in exceptional cases, where information is not susceptible to summary, reasons must be submitted to this effect.
This rule applies to all parties and to all correspondence with and submissions to the Commission, which unless indicated to be confidential and filed together with a non-confidential version, will be placed on the public file and be made available to other interested parties.
If a party considers that any document of another party, on which that party is submitting representations, does not comply with the above rules and that such deficiency affects that party's ability to make meaningful representations, the details of the deficiency and the reasons why that party's rights are so affected must be submitted to the Commission in writing forthwith (and at the latest 14 days prior to the date on which that party's submission is due).
Failure to do so timeously will seriously hamper the proper administration of the investigation, and such party will not be able to subsequently claim an inability to make meaningful representations on the basis of the failure of such other party to meet the requirements.
Subsection 33(1) of the IT A Act provides that any person claiming confidentiality of information should identify whether such information is confidential by nature or is otherwise confidential. Any such claims must be supported by a written statement, in each case, setting out how the information satisfies the requirements of the claim to confidentiality. In the alternative, a sworn statement should be made setting out reasons why it is impossible to comply with these requirements.
Provided that a party submitting such information indicates it to be confidential.
The Senior Manager: Trade Remedies II, should receive all responses, including nonconfidential copies of the responses, not later than 30 days from the date hereof, or from the date on which the letter accompanying the above-mentioned questionnaire was received.
The said letter shall be deemed to have been received seven days after the day of its dispatch.
Late submissions will not be accepted except with the prior written consent of the Commission. The Commission will give due consideration to written requests for an extension of not more than 14 days on good cause shown (properly motivated and substantiated), if received prior to the expiry of the original 30-days period. Merely citing insufficient time is not an acceptable reason for extension. Please note that the Commission will not consider requests for extension by the Embassy on behalf of exporters.
The information submitted by any party may need to be verified in order for the Commission to take such information into consideration. The Commission may verify the information at the premises of the party submitting the information, within a short period after the submission of the information to the Commission. Parties should therefore ensure that the information submitted would subsequently be available for verification. It is planned to do the verification of the information submitted by the exporters within three to five weeks subsequent to submission of the information. This period will only be extended if it is not feasible for the Commission to do it within this time period or upon good cause shown, and with the prior written consent of the Commission, which should be requested at the time of the submission. It should be noted that unavailability of, or inconvenience to consultants will not be considered to be good cause.
Parties should also ensure when they engage consultants that they will be available at the requisite times, to ensure compliance with the above time frames. Parties should also ensure that all the information requested in the applicable questionnaire is provided in the specified detail and format. The questionnaires are designed to ensure that the Commission is provided with all the information required to make a determination in accordance with the rules.
Commission may therefore refuse to verify information that is incomplete or does not comply with the format in the questionnaire, unless the Commission has agreed in writing to a deviation from the required format. A failure to submit an adequate non-confidential version of the response that complies with the rules set out above under the heading Confidential Information will be regarded as an incomplete submission.
Parties who experience difficulty in furnishing the information required, or submitting in the format required, are therefore urged to make written applications to the Commission at an early stage for permission to deviate 'from the questionnaire or provide the information in an alternative format that can satisfy the Commission's requirements. The Commission will give due consideration to such a request on good cause shown.
Any interested party may request an oral hearing at any stage of the investigation in accordance with Section 5 of the ADR, provided that the party indicates reasons for not relying on written submission only. The Commission may refuse an oral hearing if granting such hearing will unduly delay the finalisation of a determination. Parties requesting an oral hearing shall provide the Commission with a detailed agenda for, and a detailed version, including a non-confidential version, of the information to be discussed at the oral hearing at the time of the request.
If the required information and arguments are not received in a satisfactory form within the time limit specified above, or if verification of the information cannot take place, the Commission may disregard the information submitted and make a finding on the basis of the facts available to it.
Enquiries may be directed to the Investigating officers, Mr. Rodney Muumba at telephone number +2712 394 3689 or Ms Sandlle Dlamlnl at telephone number +2712 394 3685 or at fax number +2712 394 0518.
<fn>GOV-ZA.34377bn121En.2012-02-10.en.txt</fn>
Full particulars of the prospecting work programme contemplated in regulation 7.
<fn>GOV-ZA.34377gon375En.2012-02-10.en.txt</fn>
REFERENCE : 6/2/3/D/50/780/875/90 CLAIMANT : Fezile Madlwabinga PROPERTY : erf 916 Weston DISTRICT : Hankey I Cacadu MEASURING : 714 sqm DEED OF TRANSFER : n/a DATE SUBMITIED : 25th April 1995 BONDHOLDER CURRENT OWNER : Kouga Municipality Has been submitted to the Regional Land Claims Commissioner for Eastern Cape and that the Commission on Restitution of Land Rights will investigate the claim in terms of the provisions of the Act in due course.
<fn>GOV-ZA.34382409En.2012-02-10.en.txt</fn>
The Independent Communications Authonty of South Africa (herein after referred to as "the Authority") hereby gives notice of its Intention to embark on a section 48 inquiry process on local loop unbundling in terms of the Independent Communications Authority of South Africa Act, Act 13 of 2000 rthe ICASA AcF).
The purpose of this discussion paper is to outline the Authority's initial views on the process to be followed to unbundle the "local loop".
Mashukudu H.
Licensees or interested parties may request a meeting with the Authority on a one-to-one basis to discuss any matter related to this discussion paper. The Authority intends to meet such interested parties between the period 15 August 2011 and 26 August 2011.
Executive Summary 2 2. Introduction 3 2.1 Purpose ' 3 2.2 Background ,.................
Policy directive from the Minister of Communications.
Legislative Framework 5 3. Open access, local loop unbundling and facilities leasing 5 3.1 Why unbundle the local loop 6 3.2 Providing access to the localloop ?
The adoption of the open access regime and the obligation to lease facilities 7 3.
The benefits of ICASA's approach 11 3.4 Conclusion on open access, local loop unbundling and facilities leasing 11 4. Developing a guideline to introduce local loop unbundling: the way forward 12 4.1 Option 1: Bitstream access-Wholesale access 12 4.2 Option 2: Line Sharing (Shared Access to the Local Loop) 13 4.3 Option 3: Full Local Loop Unbundling (Full Access) 14 4.4 Option 4: Sub Loop Unbundling 15 5. Conclusion and stakeholder input 15 6.
The Inder2_endE;!
Electronic Communications Act No.
Local Loop Unbund!
The Independent Communications Authority of South Africa (ICASA) seeks stakeholders' inputs on the manner in which to ensure access to the "local loop."
ICASA's view is that access to the local loop is mandated in terms of the obligation to lease fadlities (Section 43(1)) of the Electronic Communications Act, no. 36 of 2005 (the ECA''), and any fadlities leasing agreement is governed by the Electronic Communications Fadlities Leasing regulations as stipulated in Government Gazette 33252 of 31st May 2010 3.
Is ICASA's proposed approach to unbundling the local loop through the implementation of the facilities leasing regulations reasonable, feasible and acceptable?
What form of local loop unbundling do stakeholders realistically favour in the South African market?
What other cost items should be induded in each form of local loop unbundling (LLU)?
Should a standardised ordering and specifications system be developed?
In the event that an access line deficit is identified, would you be willing to contribute to an access line deficit recovery scheme?
The purpose of this discussion paper Is to outline the Independent Communications Authority of South Africa's (ICASA) initial views on the process to be followed to unbundle the fixed line "local loop".
The South African Government, through the Minister of Communications as well as ICASA has undertaken a number of initiatives over the past ten years to introduce local loop unbundling. This section provides a brief background to these initiatives and the legislative framework for the introduction of local loop unbundling.
competition at all layers in the network, allowing a wide variety of physical networks and applications to interact in an open architecture transparency to ensure fair trading within and between layers that allows clear, comparative information on market prices and services the circumstances where everyone can connect to everyone else at the layer interface so that any size organization can enter the market and no one takes a position of dominant market power; and devolved local solutions rather than centralized ones encouraging services that are closer to the user.
The South African Government adopted the open-access approach to regulating the electronic communications sector with the introduction of the Electronic Communications Act (ECA) in 2005.
The ECA aims to promote competition in the sector, not only through infrastructure competition (i.e. licensing a new vertically integrated participant), but through the Introduction of service-based competition at different levels within the network where licensees are able to access components of existing network assets of another licensee to provide services.
This open access approach is espoused in Section 2 of the ECA, the Objects of the ECA.
promote the interests ofconsumers with regard to the price, quality andthe variety of electronic communications services.
Specific provisions in the ECA, namely the obligation to interconnect (Chapter 7) and the obligation to lease facilities (Chapter 8), seek to ensure the open-access model. A discussion of these obligations takes place in Section 3 of this discussion paper.
South Africa re-iterated its commitment to the open-access approach by signing the Kigali Protocol which supports an open access approach to national, regional and international network of networks in Eastern and Southern Africa.
Through these powers, the then Minister of Communications, the late Honourable Dr Ivy MatsepeCassaburi, issued a policy direction to ICASA to implement local loop unbundling based on the findings of the Local Loop Unbundling Committee.
Africa should be urgently completed and implemented by 2011. In addition, IC4SA should, as appropriate, take advantage ofthe report ofthe Local Loop Unbundling Committee and its recommendations on the proposed unbundling models. 2 3. The current Minister, the Honourable Radhakrishna Padayachie, re-affirmed the policy direction to implement local loop unbundling in November 2010.
In 2006 the then Minister of Communications (Minister) announced a committee headed by Professor Tshilidzi Marwala to recommend how incumbents' local loop networks could be unbundled.
1 http://www.eafricacommission.org/projects/126/ nepad-ict-broadband-infrastructure-network 2 Government Gazette No.
The overall task of the committee was to investigate possible Local Loop Unbundling (LLU) methods and to make appropriate recommendations in this regard.
any form of collocation of facilities for LLU must be allowed; and any operator appropriately licensed by ICASA should have access to the local loop to deliver voice and/or broadband regardless of who owns it.
As a result of this report, it was proposed that a regulatory guideline be developed and overseen by ICASA to ensure that strategic issues such as the quality of the local loop, its maintenance and technical compatibility are optimised for regulation and service delivery. It would also be necessary to prescribe regulations that govern access pricing. It was also recommended that ICASA should implement carrier pre-selection regulations to support successful implementation of LLU.
The report further recommended that Telkom form a new facilities and services management entity on such terms and conditions as shall be agreed with ICASA. It was also emphasised that ICASA must be capacitated to physically inspect the incumbent's premises for issues that may be required for the implementation of the unbundling of local loop.
ICASA published a notice on 28 February 2008 to invite stakeholders to take part in the LLU process. The notice process was followed by an exploratory workshop on LLU on 23 September 2008.
However, access to the locnllonr reprE>se11ts a specific form of facilities leasing, which is governed by the principles in Chapter 8 of the ECA. ICASA chose to refrain from continuing work on local loop unbundling until the framework regulations for electronic communications facilities leasing agreements were finalised as required by Section 44 of the ECA.
ICASA published the electronic communications facilities leasing regulations, on 31 May 2010, which outline the required content of all facilities leasing agreements.
As part of fulfilling the recommendations made by the Local Loop Unbundling Committee (LLUC) and in line with Section 42 of the Act, ICASA further published regulations on carrier pre-selection, on 27 September 2010, as precursor regulations for the successful implementation of LLU.
This inquiry into unbundling of the local loop is based on the objectives of the ECA being to introduce an open-access architecture to the interconnection to and use of existing electronic communications facilities, as defined in the ECA.
3 Department of Communications: Local Loop Unbundling: A way forward for South Africa.
3.1 Why unbundle the local loop?
The "local loop" is a physical circuit connecting the electronic communications network termination point at the subscriber's premises to the main distribution frame or equivalent facility in an electronic communications network and/or means the physical twisted metallic pair circuit connecting the electronic communications network point at the subscriber's premises to a connection point at the edge of the provider's network or a specified intermediate network.
Unbundling the local loop is similar to number portability. Number portability allows an end-user to switch service providers without having to change the number. Unbundling the local loop allows an end-user to utilise the same physical connection e.g. a traditional telephone line whilst having the choice of a service provider to access the services that are available over this physical connection.
With the introduction of number portability, licensees had to either reduce prices or enhance retail offerings in an effort to maintain their customers. Fostering consumer choice introduced a contestable market, thus increasing competition.
Unbundling the local loop is expected to have exactly the same effect where service providers will have to either reduce prices, enhance retail offerings or a combination of the two in order to remain competitive.
The current regulatory framework offers a range of tools to foster competition by unbundling the local loop. These tools have been and always will be hotly debated between licensees with a substantial presence in the market and new entrants/smaller players as well as ICASA.
Some argue that LLU promotes service-based competition and represents a barrier to investment and increased facilities-based competition. Others argue that the ladder of investment approach to regulating access to the local loop is one of the only tools to ensure that future investment takes place (Bourreau, M and Dogan, P (2003).
The matter of essential facilities, pro-competitive remedies and the obligation to lease electronic communications facilities are discussed in this section before concluding with ICASA's proposed approach to ensuring the provision of access to the local loop.
The requirement for a regulatory authority to prescribe a list of "essential facilities" is an outcome of the introduction of regulatory reform in the ICT sector in both the United States of America (USA) and Europe.
The principle for prescribing a list of "essential facilities" was to identify particular facilities which the regulatory authority deemed inefficient to duplicate (i.e. inefficient investment). This list of essential facilities was then used as an input to market review processes to identify whether any particular operator maintained control over an essential facility and if so, whether the conduct of the particular operator led to a lack of effective competition.
The ECA recognises this approach in Section 67(6)(b)(ii)(dd) by requiring a market review to consider whether any licensee has "control of essential facilities."
has a vertical relationship that the Authority determines could harm competition in the market or market segments applicable to the particular category oflicence.
Therefore, the ECA recognises the traditional role of a list of essential facilities in determining whether any particular licensee has significant market power, and such power warrants the introduction of particular access obligations as pro-competitive terms and conditions.
The ECA introduces an open access regime by introducing the obligation to interconnect (Section 37(1)) and to lease electronic communications facilities (Section 43(1)).
However, the open access regime that is specified in the ECA differs from open access regimes developed in other nations. The traditional open access regime has led to broad commitments, with certain access obligations being specified on specific licensees, such as Offel's imposition of local loop unbundling obligations on British Telecom.
The ECA took the events of other jurisdictions a step further, by specifying that all electronic communications network service (ECNS) licensees are obliged to lease electronic communications facilities as defined in the ECA.
cable (including undersea and !
The obligation to lease the above facilities is mandatory under Section 37(1) of the ECA. It should be noted that this obligation does not only apply to identified firms, but rather to all those firms with an ECNS license.
The ECA implicitly considers the potential for firm-specific behaviour that may undermine transparency and therefore ensures that all electronic facilities leasing agreements are to abide by the principle of non-discrimination (Section 43(7) of the ECA).
The ECA further recognises that such an obligation, whilst it in principle aims to foster the efficient use of networks, may not always be possible in practice.
will promote the efficient use ofelectronic communication networks and services.
The open access regime as discussed above provides for a wide range of potential access points within an electronic communications network for any licensee which requests such access.
This obligation on electronic communications network service licensees effectively provides licensees with an opportunity to avoid the requirement to comply with onerous and specific obligations which ICASA may impose on specific licensees through a market review process.
Based on the obligation to lease electronic communications facilities, providing access to the local loop is already mandatory based on the obligation imposed under Section 43(1). It is important to note that this obligation affects all firms with an ECNS licence, unless exempted by ICASA in terms of section 44(5) of the ECA.
"Charges for electronic communications facilities must be sufficiently unbundled so that an electronic communications facilities seeker does not have to pay for anything it does not require for the requested electronic communications facility or facilities.
These requirements are tempered by the necessity of a request to lease the local loop to be "reasonable" as per Section 43(4).
Although Regulation 12 provides for exemptions based on whether a licensee has significant market power in the provision of a particular service, given that no ECNS licensee has been declared to have SMP, the requirements under Regulation 9(3) and 10(3) of the regulations apply to all ECNS licensees.
It is also important to note that Regulation 12 of the regulations cannot be used as a mechanism to exclude certain licensees from the requirement to provide services in a non-discriminatory manner, as this is a requirement under Section 43(7) of the ECA.
Another point is that the ECA is explicit in allowing the regulations to include "the manner in which unbundled electronic communications facilities are to be made available" (Section 44(3)(m)).
Although the current regulations do not explicitly prescribe the manner in which such unbundling should take place, the right for an ECNS licensee to request access to unbundled facilities is enshrined through the definition of electronic communications facilities in the ECA and the requirement under Regulation 10(3) of the regulations.
ICASA is of the view that, in the context of the South African regulatory framework, LLU is mandatory. Section 43(1) of the ECA provides that access to electronic communications facilities, including the local loop, must be provided by any ECNS licensee to any other ECS/ECNS licensee or exempted network operator who requests access, unless the request for access is unreasonable. ICASA has the power, in terms of Section 44(5) of the ECA, to exempt particular licensees from this requirement where the licensees do not have SMP in the relevant market or market segment. However, ICASA has not yet exercised its power to do so. As such, at the present time, all ECNS licensees are subject to this obligation.
However, in reality, in the absence of detailed regulatory rules regarding how such access must be provided, licensees may not easily be able to exercise their rights to obtain access to the local loop.
The relationship between the obligation to lease facilities (Section 43(1)) and the requirement to specify a list of essential facilities (Section 43(8)) needs to be unpacked. On the one hand section 43(1) provides that all ECNS licensees must grant access to facilities unless exempted by ICASA on the basis that they do not have significant market power (SMP) and, on the other hand, section 43(8) provides that ICASA must prepare a list of certain facilities which must be leased in terms of section 43(1). Regardless of this situation it is apparent that the local loop is definitely one of the types of electronic communications facilities that will always be subject to the leasing obligations in section 43(1) of the ECA.
The ECA includes, in section 43(7), a requirement that facilities must be leased on a nondiscriminatory basis. Although this requirement has an influence on the pricing of leased facilities in that an operator cannot charge competing operators more to lease facilities to them than it charges either itself, its affiliates or other competing operators (unless there is an objectively justifiable basis on which the facilities leased to the different parties are not comparable), it is not the same as a price control. A price control is generally imposed on either wholesale or retail services to bring prices closer to cost-based levels. This is not necessarily the effect of the non-discrimination requirement which is imposed on ECNS licensees in terms of section 43(7) of the ECA in relation to their facilities-leasing activities.
The Facilities Leasing Regulations are required to be published by ICASA, in terms of section 44(1) of the ECA, to facilitate the conclusion of the facilities leasing agreements in terms of which access to the facilities of network operators will be given. These Facilities Leasing Regulations do not cover all the matters contemplated in section 44, but do incll'de certain provisions which are similar to provisions which are already contained in the ECA itself. For example, regulation 9(3) provides that the terms and conditions on which ECNS licensees lease facilities, including access charges which are levied, must be similar regardless of the person to whom the facilities are being leased.
This provision has substantially the same effect as section 43(7) of the ECA. Regulation 12 of the Facilities Leasing Regulations provides that those ECNS licensees who are found not to have SMP will not be required to comply with regulation 9(3) or with regulation 10(3) which mandated that facilities leasing charges be unbundled. At present, given that no ECNS licensees have been declared to have SMP, the Facilities Leasing Regulations as well as Chapter 8 of the ECA are applicable to all ECNS licensees in their entirety.
Although ICASA has the power to exempt particular ECNS licensees from some or all of the obligation to lease facilities where those licensees do not have SMP in the relevant market or market segment, the effect of regulation 12 of the Facilities Leasing Regulations is only to exempt certain licensees (with effect from the time that a market review has been conducted) from the application of certain provisions of the Facilities Leasing Regulations.
Regulation 12 does not have the effect of exempting those ECNS licensees which do not have SMP in the relevant market from the same or similar provisions of the ECA itself e.g. the obligation to lease facilities on a non-discriminatory basis in terms of section 43(7). This is on the basis that the Facilities Leasing Regulations cannot replace or supersede the provisions of the empowering legislation.
To assist electronic communications network service and electronic communications service licensees in making electronic facilities leasing agreements with respect to the local loop, ICASA proposes to prescribe guidelines on leasing the local loop that will guide licensees. These guidelines will provide clarity on the issues of access to the network and efficient pricing and will follow the principles governing the leasing of electronic facilities contained in s43 (7) of the Act, namely nondiscrimination and technical quality.
ICASA's intention in adopting this approach to local loop unbundling is to give effect to object 2 (b) of the Act -to provide for the regulation of electronic communications in the Republic in the public interest and for that purpose to ' promote and facilitate the development of interoperable and interconnected electronic networks'.
As mentioned above, ICASA is of the view that access to the local loop is already available in terms of Chapter 8 of the Act and is to be effectively introduced on the basis of the Electronic Facilities Leasing regulations.
According to the International Telecommunications Union {ITU, the main reason for the sharing of infrastructure is to lower the costs of building and deploying the electronic communications network infrastructure.
ICASA's proposed approach above focuses directly on the benefits of infrastructure sharing, whilst also introducing a form of competition among licensees in the provision of services to end-users.
Furthermore, the approach prevPnts inefficient investment through preventing duplication of access networks, thus artificially increasing network operating inefficiencies. The infrastructure sharing approach also reduces the disruption of streets and the environment due to construction of new access networks.
Improved internal efficiencies: the licensee who faces a form of competition has an opportunity to focus on internal dynamics to improve efficiencies and therefore actually improve revenue generation. The improvement of efficiencies will not only retain customers in a competitive market but will also lead to the provision of new and improved services, thereby leading to an increased customer base.
Providing access to its network will generate wholesale revenues not seen as a revenue stream before. Although this may be viewed as a loss owing to customer switching behaviour, it should also be used as an opportunity to generate a revenue stream where other licensees actually incur the costs of attempting to attract customers to utilise either under-utilised network capacity, or capacity that is not utilised at all. Any form of infrastructure sharing product that generates some revenue from assets which previously have not been utilised should be viewed as on opportunity and not a threat.
This section concludes with the view that access to the "local loop" is mandated under Chapter 8 of the ECA and more specifically the Electronic Communications Facilities Leasing regulations. Furthermore, as a point of departure being that of infrastructure sharing, ICASA is of the view that a measure of competition in the use of the "local loop" will improve network utilisation and internal network efficiencies, with the potential for an overall net gain to those licensees with an access network.
ICASA has identified four options for unbundling the local loop, described below.
In most cases Bitstream access depends in part on the PSTN or Electronic Communication Network (ECN) operator and may include other networks such as the ATM network.
In providing a bitstream service, the facilities provider typically provides both the transmission medium (e.g. copper cables) and transmission system (e.g. xDSL transmission on copper cables). Technically, bitstream can be provided to any transmission system, since it requires reservation of a specified bandwidth, rather than dedicated use of a physical loop.
This option does not entail any unbundling of the copper pair, but employs the high frequencies of the copper loop as in the case of shared use of the copper pair, for example. A facilities seeker does not have access to the actual network infrastructure elements of the facilities provider but has access to the bit stream on the network side of the Digital Subscriber Une Access Multiplexer (DSLAM). In this case, the DSLAM is installed and operated by the facilities provider who sets up the speed and quality of service (QoS) of each user's DSL access link.
This type of service may be attractive to the facilities provider as it does not involve physical access to copper pairs.
In a situation where the facilities seeker would be able to distinguish their services, such as VoiP and email, from those of the facilities provider, the seeker must be granted access at a point where they can control certain technical characteristics of the service to the end-user and/or make full use of their own network or other network offerings. This would present facilities seekers with an opportunity to change the quality of services or other factors such as adjusting their offerings in terms of rates, contention ratio or other features.
The advantage with the bitstream access option is that it would not hinder any progressive modernisation of the local access network by replacing copper cables with optical fibre cables.
It should be noted that Bitstream is normally offered only for subscribers at locations where the incumbent already offers broadband. Therefore the capital costs of establishing a broadband capability will already be covered.
Figure 1 below illustrates a simplified arrangement for bitstream access.
In evaluating the introduction of a bitstream service, certain quality of service parameters also have to be established.
Packet loss in the backhu..::.
Maximum delay variation added by the backhaul.
Line Sharing takes place when the facilities provider retains use of the loop for its baseband, PSTN services, but unbundles the higher frequency part of the spectrum for use by a facilities seeker. This model enables facilities seekers and providers to share the same line where both the facilities provider and the seeker provide different services such as voice and data on the same loop.
In this situation, consumers can acquire data services from facilities seekers while retaining the voice services of the fadlities provider. some facilities seekers may choose to offer data services only, so with line sharing consumers can retain their facilities provider service for voice calls while getting higher bandwidth services from another operator without needing to Install a second line.
Technically, a splitter is connected to the wires in the Main Distribution Frame (MDF). The splitter separates the frequencies for voice telephony and those for higher bandwidth services. It is located between the MDF and the facilities provider's local switch -downstream of the network edge. It is connected to both the facilities provider's switch and to the DSLAM connected to the facilities provider's high-speed network. The local loop normally indudes the splitter which remains a part of the facilities provider's network.
Furthermore, line-sharing allows the facilities seeker to provide the service of their choice by covering either low frequency bands or high frequency bands. For instances, when one frequency band is occupied by one operator the other frequency band can be occupied by another operator.
S. This option would broaden choices available to the end-user as it would allow them to retain the network operator as its provider for voice telephony services and at the same time choose the new entrant or any operator as the provider for broadband high-speed internet services over the same loop.
Point nf '· lnt>om~nnt<tlon ~011.
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The Full Unbundling option assigns the entire copper local loop to the facilities seeker, which means that the facilities seeker gains access to the copper local loop and sub-loops or other format of loop (network). This option enables the facilities seeker to install its own broadband equipment and colocate, i.e. the facilities seeker may place all required equipment inside or outside the facilities providers' premises, depending on which co-location model is most appropriate.
In this option, the facilities seeker takes over the full operation of the allocated local loop. It also means that it will have access to both low and high frequency. In some cases this option may mean that the facilities seeker has all loops dedicated to it.
Establishing the testing arrangements.
On demand testing costs.
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Sub loop Unbundling represents a situation where the faclities seeker accesses the network of the facilities provider at the primary connection point (PCP) within the network, at street level. This form of unbundling may be used for emerging technologies such as VDSL, which requires very high bandwidth and therefore a much shorter length of cable.
In this situation the equipment that transfers the connection from the facilities provider to the facilities seeker is adjacent to the PCP, rather than in tile exchange.
In all other respects, sub-loop unbundling is analogous to lull-loop unbundling.
The capital cost incurred by the fadlities provider is the cost of the link between the PCP and the facilities seeker's network. Variable costs, induding maintenance of the line should be negotiated between the facilities seeker and provider.
This discussion document represents ICASA's proposed approach to the introduction of local loop unbundling in South Africa.
To ensure the introduction of a stable regime of gaining access to any ECNS licence holders' network it is crucial to standardise the format in which any request for access to facilities is governed by an industry-wide accepted standard.
What other cost items should be included in each form of local loop unbundling?
In the event that an access line deficit is identified/ would you be willing to contribute to an access line deficit recovery scheme?
On the basis of stakeholder responses1 ICASA seeks to establish two collaborative working groups. The first working group1 the Access Working Group will address technical matters. The second working group, the Pricing working group, will address pricing and non-discrimination concerns.
Bourreau, M. And Dogan, P. (2003): Service based vs. Fadlity-based Competition in Local Access Networks.
Department of Communications, The Local loop unbundling committee report, (2007): Local Loop Unbundling: A way forward for South Africa. DoC. SA.
Horrocks, J. (2009) Horrocks Technology.
Kiessling, T.
Reichl, W.
<fn>GOV-ZA.34394418En.2012-02-10.en.txt</fn>
The Department of Agriculture, Forestry and Fisheries (DAFF) has developed a draft National Policy on Organic Production. All interested stakeholders are invited to comment and give inputs on the draft policy.
Visit the departmental website:www.daff.gov.
<fn>GOV-ZA.34394421En.2012-02-10.en.txt</fn>
Notice is hereby given in terms of Section llA (4) of the Restitution of Land Rights Act, No. 22 of 1994 as amended, the due to an error in the gazette notice 738 of 2008 dated 13th June 2008 as Contained in Gazette Number 31130.
The above mention gazette notice is hereby amended to exclude the property described below.
Property description: Portion O(R/E) of Modderspruit Farm No.
Free State Province.
Hectares : 1395.
The Regional Land Claims Commission for the Free State and Northern cape on Restitution of Land Rights will further investigate the claims in terms of the provisions of the Act, as amended.
<fn>GOV-ZA.34394gon537En.2012-02-10.en.txt</fn>
The accreditation will be effective for the duration of the Accreditation of the ETQA in terms of Section 2 (1) of the Education and Training Quality Assurance Regulations (SAQA Act No. 58 of 1995).
Objections to this extension of accreditation must be lodged with the Chief Executive Officer of SAQA by the 30 July 2011.
<fn>GOV-ZA.3440731En.2012-02-10.en.txt</fn>
Constitution Seventeenth Amendment Bill [B 6 - 2011] (National Assembly - proposed sec 74(3)(a)) [Bill and prior notice of its introduction published in Government Gazette No 33216 of 21 May 2010.
Superior Courts Bill [B 7 - 2011] (National Assembly - proposed sec 75) [Bill and prior notice of its introduction published in Government Gazette No 33216 of 21 May 2010.
Strategic Plan and Budget of the Auditor-General of South Africa for 2011-14 [RP271-2010].
Memorandum of Understanding (MOU) between the Government of the Republic of South Africa, the Government of the Republic of India and the Federal Republic of Brazil on Trade Facilitation for Standards, Technical Regulations and Conformity Assessment, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Memorandum of Understanding (MOU) between the Government of the Republic of South Africa, the Government of the Republic of India and the Federal Republic of Brazil on Trade Facilitation for Standards, Technical Regulations and Conformity Assessment.
Government Notice No R.293, published in Government Gazette No 34180, dated 1 April 2011: Regulations made in terms of section 120(1) of the Consumer Protection Act, 2008 (Act No 68 of 2008).
Government Notice No.294, published in Government Gazette No 34181, dated 1 April 2011: Determination of monetary threshold for the purposes of section 5(2)(b) in terms of section 6(1) of the Consumer Protection Act, 2008 (Act No 68 of 2008).
Regulations pertaining to the Companies Act, 2008 (Act No 71 of 2008), made in terms of section 223 and Item 14 of Schedule 5 of the Act.
Overarching Strategic Statement, Strategic Plan and Annual Performance Plan of the Department of Defence for 2011-12 - 2015-16 [RP32-2011].
Strategic Plan of the Department of Defence for 2011-12 - 2015-16 [RP31-2011].
Annual Performance Plan of the Department of Defence for 2011 [RP32-2011].
Strategic Plan (Medium-Term Expenditure Framework) of the Transport Education Training Authority (TETA) for 2011-12 - 2013-14.
Strategic Plan of the Bank-Seta for 2011-12 - 2013-14 and Service Level Agreement for 2011-12.
Strategic Plan of the National Department of Higher Education and Training for 2010-11 - 2014-15 [RP15162011].
Strategic Plan of Safety and Security Sector Education and Training Authority (SAS SETA) for 2011-16.
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Strategic Plan of Agricultural Sector Education and Training Authority (AGRI-SETA) for 2011-16.
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Strategic Plan of the Local Government Sector Education and Training Authority (LG-SETA) for 2011-4.
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Strategic Plan of the Construction Education and Training Sector Education and Training Authority (CETA) for 2011-12 - 2013-4.
Strategic and Business Plan of the Education Training and Development Practices Sector Education and Training Authority (ETDP) for 2011-12 - 2015-16.
Education Training and Development Practices Sector Education and Training Authority Sector Skills Plan (Final Draft - 2011).
Strategic Plan of the Financial and Accounting Services Sector Education and Training Authority (FASSET) for 2011-12.
Strategic Plan of the Services Sector Education and Training Authority for 2011-16.
Strategic Plan (Medium Term) of the Housing Development Agency for 2011-12 - 2013-14.
Updated Departmental Strategic and Performance Plans of the Department of Human Settlements for 2011-14.
Report and Financial Statements of the Thubelisha Homes for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Strategic Plan (Corporate) of the Rural Housing Loan Fund (RHLF) for 2011-12.
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Report and Financial Statements of the Thubelisha Homes for 2008-09, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008-09.
Strategic Plan (Business Plan) of the National Housing Finance Corporation (Ltd) for 2012-14.
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Strategic Plan of the National Museum - Bloemfontein for 2011-14.
Strategic Plan of the Department of Arts and Culture for 2011-16.
Strategic Plan of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities for 2011-16.
Strategic Plan and Budget of the Municipal Demarcation Board for 2011-15.
Strategic Plan of the Department of Traditional Affairs for 2011-14, including the Annual Performance Plan for 2011-12 [RP70-2011].
Regulations to provide for a disciplinary code and procedures for municipal managers and managers directly accountable to municipal managers, submitted for tabling on 25 March 2011 in accordance with section 120(7)(a) of the Local Government: Municipal Systems Act, 2000 (No 32 of 2000).
Amatola Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Bloem Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Botshelo Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Bushbuckridge Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Lepelle Northern Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Magalies Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Mhlathuze Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Namakwa Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Overberg Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Pelladrift Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Rand Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Sedibeng Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Umgeni Water Board's proposed increase in water tariffs for 2011-12, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
Strategic Plan of the Department of Water Affairs for 2011-14.
Revised Strategic Plan (Annual Performance Plan) of the Department of Water Affairs for 2011-12 - 2013-14.
Strategic Plan of the SA Weather Service for 2011-12 - 2013-14.
Strategic Plan of the SA National Parks for 2011-12 - 2015-16.
Strategic Plan of the SA National Biodiversity Institute (SANBI) for 2011-15 and Annual Performance Plan for 2011-12.
Strategic Plan (Corporate Strategy) of the iSimangaliso Wetland Park Authority for 2012-16.
Strategic Plan of the Department of Environmental Affairs for 2011-12-2015-16 and the Annual Performance Plan for 2011-12.
Strategic Plan of the Public Service Commission (PSC) for 2011-12 - 2015-16.
Strategic Plan of the Department of Public Service and Administration (DPSA) for 2011-12.
Strategic Plan of the Public Administration Leadership and Management Academy (Palama) for 2011-12.
Strategic Plan of the Centre for Public Service for 2011-12.
Agreement on the Establishment of the African Tax Administration Forum, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Note to the Agreement on the Establishment of the African Tax Administration Forum.
Strategic Plan of the Financial and Fiscal Commission (FFC) for 2011-12 - 2015-16.
Work Programme of Statistics South Africa for 2011-12.
Updated Strategic Plan of the Financial Intelligence Centre for 2012-15.
Strategic Plan of the Independent Regulatory Board for Auditors (IRBA) for 2011-12.
Strategic Plan of the Financial and Fiscal Commission (FFC) for 2011-12 - 2012-13.
Strategic Plan of the Pension Funds Adjudicator for 201112 - 2013-14.
Strategic Plan of the Government Pensions Administration Agency for 2011-12 - 2013/14.
Strategic Plan of the Accounting Standards Board for 2011-12 - 2013/14.
Corporate Plan and Budget of the SA Special Risk Insurance Association (Sasria) for 2011-12.
Corporate Plan of the Public Investment Corporation for 2011-12 - 2013-14.
Group Corporate Plan for the Development Bank of Southern Africa (DBSA) for 2011-12.
Corporate Plan of the Land Bank for 2011-12 - 2013-14.
Strategic Plan of the Department of National Treasury for 2011-14.
Draft regulation on proposed final determination of municipal taxes, other than property rates, that existed prior to the enactment of the Municipal Fiscal Powers and Functions Act, 2007 (Act No 12 of 2007), tabled for parliamentary scrutiny in terms of section 10(4)(c) of the Act.
Government Notice No R82, published in Government Gazette No 33993, dated 4 February 2011: Amendment of Rules (DAR/82) in terms of section 21 and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No 159, published in Government Gazette No 34047, dated 25 February 2011: Fixing of rate per kilometer in respect of motor vehicles, in terms of section 8(1)(b) (ii) and (iii) of the Income Tax Act, 1962 (Act No 58 of 1962).
Proposed amendment of the Articles of Agreement of the International Monetary Fund to Expand the Investment Authority of the International Monetary Fund, tabled in terms of section 231(3) of the Constitution, 1996.
Government Notice No R157, published in Government Gazette No 34046, dated 1 March 2011: Amendment in terms of section 74(3)(a) of the Value-Added Tax Act, 1991 (Act No 89 of 1991).
Government Notice No R158, published in Government Gazette No 34046, dated 1 March 2011: Amendment of Schedule No 4 (No 4/338) in terms of section 75 the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R194, published in Government Gazette No 34073, dated 11 March 2011: Amendment of Schedule No 1 (No 1/1/1421) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R195, published in Government Gazette No 34073, dated 11 March 2011: Amendment of Schedule No 1 (No 1/1/1422) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R196, published in Government Gazette No 34073, dated 11 March 2011: Amendment of Schedule No 3 (No 3/669) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R197, published in Government Gazette No 34073, dated 11 March 2011: Amendment of Schedule No 3 (No 3/670) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R186, published in Government Gazette No 34078, dated 11 March 2011: Amendment of Rules (DAR/84) in terms of sections 19A and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R185, published in Government Gazette No 34077, dated 11 March 2011: Amendment of Rules (DAR/85) in terms of sections 19A and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R183, published in Government Gazette No 34070, dated 4 March 2011: Amendment of Regulation 28 of the Regulations, made under section 36, in terms of sections 36(1)(b) and (c) and 40C of the Pension Funds Act, 1956 (Act No 24 of 1956).
Government Notice No R219, published in Government Gazette No 34113, dated 11 March 2011: Regulations made under section 13quat(9) of the Income Tax Act, 1962 (Act No 58 of 1962).
Government Notice No R207, published in Government Gazette No 34092, dated 14 March 2011: Amendment of Rules (No DAR/86) in terms of sections 19A and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R208, published in Government Gazette No 34092, dated 14 March 2011: Amendment of Rules (DAR/87) in terms of sections 38, 39, 101A and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R225, published in Government Gazette No 34108, dated 11 March 2011: Amendment of Schedule No 1 (No 1/1/1423) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Customs and Excise Act, 1964 (Act No 91 of 1964).
1991 (Act No 89 of 1991).
Government Notice No 242, published in Government Gazette No 34142, dated 23 March 2011: Financial Services Board: Regulations in respect of appeals to the Appeal Board, published for public comment in terms of section 26B(19) of the Financial Services Board Act, 1990 (Act No 97 of 1990).
Government Notice No R254, published in Government Gazette No 34166, dated 28 March 2011: Amendment of Schedule No 1 (No 1/1/1424) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R255, published in Government Gazette No 34166, dated 28 March 2011: Amendment of Schedule No 1 (No 1/2B/154) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R256, published in Government Gazette No 34166, dated 28 March 2011: Amendment of Schedule No 1 (No 1/3B/14) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R257, published in Government Gazette No 34166, dated 28 March 2011: Amendment of Schedule No 1 (No 1/5A/152) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R258, published in Government Gazette No 34166, dated 28 March 2011: Amendment of Schedule No 1 (No 1/5B/153) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R259, published in Government Gazette No 34166, dated 28 March 2011: Amendment of Schedule No 4 (No 4/339) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R260, published in Government Gazette No 34166, dated 28 March 2011: Amendment of Schedule No 6 (No 6/3/21) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R273, published in Government Gazette No 34159, dated 1 April 2011: Appointment of Albaraka Bank Limited as an authorized dealer in foreign exchange in terms of the Exchange Control Regulations.
Government Notice No R274, published in Government Gazette No 34159, dated 1 April 2011: Cancellation of the appointment of The Royal Bank of Scotland N.V., South African branch, as an authorised dealer in foreign exchange in terms of the Exchange Control Regulations.
Government Notice No R272, published in Government Gazette No 34159, dated 1 April 2011: Amendment of Schedule No 1 (No 1/1/1425) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Updated report on recommendations contained in reports of the Standing Committees on Finance and on Appropriations on the Medium-Term Budget Policy Statement, Adjustments Appropriation and the Fiscal Framework, as well as in Budgetary Review and Recommendation (BRR) Reports, tabled in terms of section 7(4) of the Money Bills Amendment Procedure and Related Matters Act, 2009 (No 9 of 2009).
(mm)Government Notice No R.318, published in Government Gazette No 34204, dated 11 April 2011: Amendment of Rules (DAR/88) in terms of section 19A and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R.345, published in Government Gazette No 34215, dated 21 April 2011: Amendment of Rules (DAR/89) in terms of section 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No 363, published in Government Gazette No 34233, dated 29 April 2011: Listing of public entities in terms of sections 47 and 48 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Government Notice No 364, published in Government Gazette No 34233, dated 29 April 2011: Listing of public entities in terms of sections 47 and 28 of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Government Notice No 365, published in Government Gazette No 34233, dated 29 April 2011: Notice of tax exemption in terms of section 10(1)(y) and paragraph 64A of the Eighth Schedule of the Income Tax Act, 1962 (Act No 58 of 1962).
Government Notice No 366, published in Government Gazette No 34233, dated 29 April 2011: Notice of tax exemption in terms of section 10(1)(y) of the Income Tax Act, 1962 (Act No 58 of 1962).
Strategic Plan of the National Youth Development Agency (NYDA) for 2011-12 - 2013-14.
Strategic Plan of the Department of Women, Children and People with Disabilities for 2011-15.
Southern African Development Community (SADC) Protocol on Gender and Development, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the South African Development Community (SADC) Protocol on Gender and Development.
Strategic Plan of the Commission for Gender Equality (CGE) for 2011-14.
Strategic Plan of the Department of Agriculture, Forestry and Fisheries for 2011-12 - 2014-15, including the Strategic Plan of the Marine Living Resources Fund for 2010-11.
Strategic Plan of the Agriculture Research Council (Business Plan) for 2011-12 [RP14-2011].
Strategic Plan of the National Agricultural Marketing Council for 2011-14.
Strategic Plan of Onderstepoort Biological Products Ltd for 2011-12.
Strategic Plan of the Perishable Products Export Control Board for 2011-12.
Strategic Plan of the Department of Basic Education for 2011-14.
Strategic and Operational Plan of the Education Labour Relations Council (ELRC) for 2011-12.
Strategic Plan of the Quality Council for General and Further Education and Training (Umalusi) for 2011-14.
Strategic Plan of the SA Council for Educators (SACE) for 2011-14.
Strategic Plan of the Department of Communications for 2011-14.
Strategic Plan of the Universal Service and Access Agency of South Africa 2009-14.
Strategic and Corporate Plan of Sentech Ltd for 2011-14.
Strategic Plan of the SA Broadcasting Corporation for 2011-14.
Strategic and Corporate Plan of the SA Post Office for 2011-12 - 2013-14.
Revised Strategic and Corporate Plan of the Independent Communications Authority of South Africa for 2011-14.
Strategic Plan of the National Electronic Media Institute of South Africa (Nemisa).
Strategic and Business Plan (Medium-Term Expenditure Framework) of the Media Development and Diversity Agency (MDDA) for 2011-14.
Medium-Term Strategic Plan of the Government Communication and Information System (GCIS) for 201112 - 2013-14.
Strategic Plan of the Department of Correctional Services for 2011-12 - 2015-16.
Annual Performance Plan of the Department of Correctional Services for 2011-12.
Strategic Plan of the Department of Economic Development for 2011-12 - 2015-16.
Strategic Plan of the Industrial Development Corporation of South Africa for 2011-12 - 2015-16.
Strategic Plan of the SA Micro-Finance Apex Fund 2011 for 2011-16.
Strategic Plan of the Competition Commission for 2011-16.
Strategic Plan of the Competition Tribunal for 2011-16.
Strategic Plan (Medium Term) for 2012-16 and Business Plan for 2011-12 of the Khula Enterprise Finance Ltd.
Strategic Plan of the Department of Energy for 2011-12 - 2015-16.
Strategic Plan of the National Department of Health for 2011-12 - 2013-14 [RP38-2011].
Strategic Plan and Annual Performance Plan of the Competition Commissioner for Occupational Diseases (CCOD) for 2011-12 - 2014-15 [RP35-2011].
Annual Performance Plan of the SA Medical Research Council (MRC) for 2011-12.
Strategic Plan of the National Health Laboratory Service (NHLS) for 2010-15 and Annual Performance Plan for 2011-12.
Strategic Plan for 2011-12 - 2014-15, the Annual Performance Plan for 2011-12 and the Budget and Levy Notice of the Council for Medical Schemes.
Strategic Plan of the Department of Home Affairs for 2011-12 - 2013-14.
Strategic Plan of the Film and Publication Board (FPB) for 2011-14.
Strategic Plan of the Government Printing Works (GPW) for 2011-12 - 2013-14.
Strategic Plan of the Electoral Commission (IEC) for 2012-16.
Agreement between the Government of the Republic of South Africa and the Government of the Russian Federation regarding the Waiver of Visa Requirements for Holders of Diplomatic, Service or Official Passports, tabled in terms of section 231(3) of the Constitution, 1996.
Agreement between the Government of the Republic of South Africa and the Government of the Swiss Federal Council regarding the Waiver of Visa Requirements for Holders of valid Diplomatic, Official or Service Passports, tabled in terms of section 231(3) of the Constitution, 1996.
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Cuba regarding the Waiver of Visa Requirements for Holders of Diplomatic, Official and Service Passports, tabled in terms of section 231(3) of the Constitution, 1996.
Agreement between the Government of the Republic of South Africa and the Government of the People's Republic of China regarding the Waiver of Visa Requirements for Holders of Diplomatic Passports, tabled in terms of section 231(3) of the Constitution, 1996.
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Mozambique regarding the Temporary Joint Clearance for the Duration of the 2010 Fifa World Cup South Africa, tabled in terms of section 231(3) of the Constitution, 1996.
Memorandum of Understanding (MOU) between the Government of the Republic of South Africa and the Government of the Republic of Zimbabwe on Cooperation and Mutual Assistance on Immigration Matters, tabled in terms of section 231(3) of the Constitution, 1996.
Strategic Plan of the Department of International Relations and Cooperation for 2011-14.
Strategic Plan of the Department of Justice and Constitutional Development for 2011-16 (Annual Review 2011-12).
Annual Performance Plan of the National Prosecuting Authority for 2011-12.
Strategic Plan of Legal Aid South Africa (Annual Review) for 2011-12.
Agreement between the Government of the Republic of South Africa and the Islamic Republic of Iran on Mutual Legal Assistance in Criminal Matters, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the Agreement between the Government of the Republic of South Africa and the Islamic Republican of Iran on Mutual Legal Assistance in Criminal Matters.
Extradition Treaty between the Government of the Republic of South Africa and the Government of the Islamic Republic of Iran, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the Extradition Treaty between the Government of the Republic of South Africa and the Government of the Islamic Republic of Iran.
Public Protector - Proposed Functional Organisational Structure: 2011-14 - Addendum to the Public Protector Vision 2010 and Strategic Plan 2011-14.
Strategic Plan of the Public Protector South Africa for 2011-14.
Annual Performance Plan of the Department of Justice and Constitutional Development for 2011-12.
Report of the South African Law Reform Commission for 2009-2010 [RP273-2010].
Progress report on the provisional suspension from office of Magistrate T R Rambau, a regional magistrate in Limpopo, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Progress report on the provisional suspension from office of Magistrate M T Masinga, a magistrate in Umlazi, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Progress report on the provisional suspension from office of Magistrate LB Maruwa, a magistrate in Daveyton, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Progress report on the provisional suspension from office of Magistrate D Jacobs, a magistrate in Clocolan, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Progress report on the provisional suspension from office of Magistrate C M Dumani, a magistrate in Graaff-Reinet, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Progress report on the provisional suspension from office of Magistrate I W O M Morake, a magistrate in Lichtenburg, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Progress report on the provisional suspension from office of Magistrate L Skrenya, a magistrate in Cala, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Strategic Plan of the Department of Labour for 2011-16 [RP20-2011].
Strategic Plan of the National Economic Development and Labour Council (Nedlac) for 2011-12 - 2013-14.
Strategic Plan and Business Plan of Productivity SA for 2011-12 - 2015-16.
Strategic Plan of the Unemployment Insurance Fund (UIF) for 2011-12- 2015-16.
Strategic Plan of the Commission for Conciliation, Mediation and Arbitration (CCMA) for 2010-15.
Strategic Plan of the Compensation Fund for 2011-16.
Strategic Plan of the Department of Mineral Resources for 2011-14 [RP3-2011].
Strategic Plan of the Council for Mineral Technology (Shareholder Performance Agreement) for 2011-12.
Corporate Strategic Plan of the SA Diamond and Precious Metals Regulator for 2010-11 - 2013-14.
Strategic Plan of the Mine Health and Safety Council (MHSC) for 2011-12 - 2013-14.
Strategic Plan of the Council for Geoscience for 2011-12 - 2013-14.
Strategic Plan of the Independent Complaints Directorate for 2011-16.
Annual Performance Plan of the Independent Complaints Directorate for 2011-12.
Annual Performance Plan of the SA Police Service for 2011-12 [RP44-2011].
Strategic Plan of the Department of Public Enterprises for 2011-14.
Strategic Plan of the Department of Rural Development and Land Reform for 2011-14.
Strategic Plan and Budget of the Ingonyama Trust Board for 2011-12.
Strategic Plan of the Department of Science and Technology for 2011-12 - 2015-16.
Strategic Plan of the Technology Innovation Agency for 2011-12 - 2015-16.
Strategic Plan of the Human Sciences Research Council (HSRC) for 2011-12 - 2015-16.
Strategic Plan of the Council for Scientific and Industrial Research (CSIR) for 2011-12 - 2013-14.
Strategic Plan of the National Research Foundation (NRF) for 2011-12 - 2013-14.
Annual Performance Plan of the National Research Foundation (NRF) 2011-12.
Strategic Plan of the SA National Space Agency (Sansa) for 2011-12 - 2013-14.
Strategic Plan of the Academy of Science of South Africa (Assaf) for 2011-12 - 2015-16.
Strategic Plan of the Department of Social Development for 2011-12 - 2013-14 [RP41-2011].
Strategic Plan of the National Development Agency for 2011-16 [RP9-2011].
Strategic Plan of the Department of Sport and Recreation South Africa for 2011-15.
Strategic Plan of the Department of Tourism for 2011-12 - 2015-16.
Annual Performance Plan of the Department of Tourism for 2011-12 - 2013-14.
Updated Strategic Plan of SA Tourism for 2011-12 - 2013-14.
Annual Performance Plan of SA Tourism for 2011-12.
Medium-Term Strategic Plan of the Department of Trade and Industry for 2011-14.
Strategic Plan of the Small Enterprise Development Agency (SEDA) for 2011-12 - 2013-14.
Strategic Plan of the National Lotteries Board for 2011-14.
Strategic Plan National Gambling Board (NGB) for 2011-14.
Strategic Plan of the National Metrology Institute of South Africa for 2011-14.
Strategic and Business Plan of the National Credit Regulator (NCR) for 2011 - 2012-14.
Strategic Plan for the National Regulator Compulsory Specifications (NRCS) for 2011-14.
Strategic Plan of the Estate Agency Affairs Board (EAAB) for 2011-12 - 2013-14.
Strategic Plan of the National Consumer Tribunal for 2011-14.
Strategic Plan of the Export Credit Insurance Corporation of South Africa Ltd (ECIC) for 2011-12 - 2013-14.
Strategic Plan of the National Empowerment Fund (NEF) for 2011-12 - 2014.
Corporate Plan of the SA Bureau of Standards (SABS) for 2011-14.
Strategic Plan of the National Consumer Commission (NCC) for 2011-14 [RP10-2011].
Strategic Plan of the Companies and Intellectual Property Commission (CIPC) for 2011-12 - 2013-14.
Strategic Plan (Corporate and Budget Plan) of the Airports Company of South Africa (ACSA) for 2011-14.
Strategic Plan of the Air Traffic and Navigation Services Company Ltd for 2011-12 - 2013-14.
Strategic Plan of the Cross-Border Road Transport Agency (C-BRTA) for 2011-14.
Strategic Plan of the Passenger Rail Agency of South Africa (Prasa) for 2011-12 - 2013-14.
Strategic Plan of the SA Civil Aviation Authority (SACAA) for 2011-15.
Strategic Plan of the SA Maritime Safety Authority (Samsa) for 2011-12 - 2013-14.
Strategic Plan of the SA National Roads Agency Ltd (Sanral) for 2011-12 - 2013-14.
Strategic Plan of the Railway Safety Regulator (RSR) for 2011-12 - 2013-14.
Strategic Plan of the Road Accident Fund (RAF) for 2012-14.
Strategic Plan of the Road Traffic Infringement Agency (RTIA) for 2011-14.
Strategic Plan of the Driving License Card Account for 2011-12 - 2014.
Strategic (Corporate Plan) of the Ports Regulator of South Africa for 2011-12 - 2013-14.
Tariff increase for 2011-12 and amendment to Eskom's pricing structure for municipalities, tabled in terms of section 42(4) of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003), and supporting documents required in terms of section 42(3) of the same Act.
Memorandum of Understanding (MOU) between the Government of the Republic of South Africa and the Government of the Republic of Angola on Cooperation on Issues related to Public Works and Infrastructure Development, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Angola on Cooperation on Issues related to Public Works and Infrastructure Development.
Memorandum of Understanding (MOU) between the Government of the Republic of South Africa and the Government of the Republic of Uganda on Cooperation on Issues related to Public Works and Infrastructure Development, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Uganda on Cooperation on Issues related to Public Works and Infrastructure Development.
Strategic Plan of the Department of Public Works for 2011-14.
Corporate Strategic Plan of the Independent Development Trust for 2011-14.
Strategic and Business Plan of the Agrément South Africa for 2011-12 - 2013-14.
Strategic and Business Plan of the Construction Industry Development Board for 2011-12 - 2015-16.
Strategic Plan of the Council for the Built Environment for 2011-14.
Consolidated Report of the Public Service Commission (PSC) on Inspections of Primary Health Care Delivery Sites: Department of Health - June 2010 [RP246-2010].
Report of the Public Service Commission (PSC) on an Evaluation of the Impact of the Policy and Procedure on Incapacity Leave and Ill-Health Retirement (PILIR) on Sick Leave Trends in the Public Service-July 2010 [RP261-2010].
Report of the Public Service Commission (PSC) on the Seventh Consolidated Public Service Monitoring and Evaluation Report on the Evaluation Cycle for 2009-2010 [RP39-2011].
Report of the Public Service Commission (PSC) on Profiling and Analysis of the Most Common Manifestations of Corruption and Its Related Risks in the Public Service [RP40-2011].
Strategic Plan of the Department of Performance Monitoring and Evaluation for 2011-12 - 2015-16.
Strategic Plan of the International Marketing Council (IMC) for 2011-12 - 2013-14.
Report of the Commission for Gender Equality (CGE) on Engendering the 2010 Fifa World Cup.
Annual Report of the National Conventional Arms Control Committee (NCACC) for the year ended December 2010, tabled in terms of section 23(1)(c) of the National Conventional Arms Control Act, 2002 (Act No 41 of 2002).
Revised Report and Financial Statements of the Public Protector South Africa for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP212-2010].
Proclamation No R.5, published in Government Gazette No 34000, dated 4 February 2011: Determination of 15 February 2011 as the date of commencement of section 1 of the Criminal Procedure Amendment Act, 2008 (Act No 65 of 2008), in the magisterial district of Pietermaritzburg.
Proclamation No R.6, published in Government Gazette No 34001, dated 4 February 2011: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act, 1974 (Act No 74 of 1996).
Proclamation No R.8, published in Government Gazette No 34031, dated 18 February 2011: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act, 1974 (Act No 74 of 1996).
Government Notice No R.162, published in Government Gazette No 34060, dated 1 March 2011: Amendment of regulations relating to Debt Collectors, 2003, in terms of section 23 of the Debt Collectors Act, 1998 (Act No 114 of 1998).
National Policy Framework on Sexual Offences, tabled in terms of section 62(2)(a) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007).
Written comments from the public and provincial legislatures on the proposed Constitution Nineteenth Amendment Bill, tabled in terms of section 74(6)(a) of the Constitution, 1996.
Report of the Independent Complaints Directorate on Domestic Violence for the period January - June 2010, tabled in terms of section 18(5)(c) of the Domestic Violence Act, 1998 (Act No 116 of 1998).
Memorandum of Understanding between the Government of the Republic of South Africa and the Government of the Republic of the Kingdom of the Netherlands on Technical Co-operation in Migration Matters, tabled in terms of section 231(3) of the Constitution, 1996.
Proclamation No 31, published in Government Gazette No 34219, dated 15 April 2011: Commencement of the Defence Amendment Act, 2010 (Act No 22 of 2010) on 15 April 2011.
Letter from the President of the Republic, dated 10 May 2011, to the Speaker of the National Assembly, informing members of the Assembly of the employment of the South African National Defence Force for service in cooperation with the South African Police Service in providing security services to the President during his visit to Côte d'Ivoire.
Report and Financial Statements of Magalies Water for 2009-10, including the Report of the Auditor-General on the Financial Statements for 2009-10.
Submission of the Financial and Fiscal Commission on the Division of Revenue Bill for 2012-13, tabled in terms of section 9(1) of the Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of 1997).
Report and Financial Statements of the Commission on Restitution of Land Rights for 2010-2011 [RP 91-2011].
<fn>GOV-ZA.34413431En.2012-02-10.en.txt</fn>
STAATSKOERANT, 1 JULIE 2011 No.
I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby give notice of my intention to, under section 19(3)(a) read with section 73 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), declare the scrapping or recovery of motor vehicles as a waste management activity that does not require a waste management licence and to set the national standards for the scrapping or recovery of motor vehicles as set out in the Schedule hereto.
By fax to: {012 310 3753, and by e-mail to: mtshitangoni@environment.gov.za.
Hand delivered at: 315 Pretorius street, Pretoria, Fedsure Forum building North Tower, 2nd fioor (Reception).
· The full document can also be accessed at www.sawic.org.za, under the link "draft documents for comment".
Any inquiries in connection with the draft national standards can be directed to Mr. Mpho Tshitangoni at {012 310 3380.
Commentreceived after the closing date may not be considered.
Dep3rtrr.ent Environmental Affairs.
Definition of terms and acronyms .. .. .. .. .. ... .. .. ... .. .... .. .... ... .... .. ... . . . ..... ... ... ... . . . . .. .. ... . . . .. .. ... ... ... .. ... ... ... .. ... .. . . . . .. .. ... . . .. . . 6 1. Purpose . . . . .. . . .. .. .. .. . . . . .. .. . . . .. . . .. .. . . .. . . . . . . .. . . . .. ... . . . .. .. . . . . .. ... ... .. ... .. . . . .. ... . . .. ... . . .. .. .. ... ... .. .. ... ... .. .. ... ... ... . . .. . . . ... .. .. . . .. . . .. . . . . . 8 2. Legislative framework . . . .... . . ..... .. ... .. ..... ..................... . . .... . . .... . . ..... .. ... .. ..... . . .. . . . . . ... .... . . . .. . . . .. ... ... .. ... .. ... . . . . . ... .. ... .. . . 8 3. Application of these standards . . . . .. .. ... . . .... ..... ... ... . . . .. .. ... ... .. .. . . . .. .... .. .. . . . . . . ... . . ... .. ... .. ... ... . . ... .. .. .. ...... .. ... . . . . . . . . . .. ..... .. 8 4. Minimum requirements for the design, construction or upgrading of a facility 9 5. Minimum requirements during the operational phase 10 5.1. Vehicle dismantling operation 1 0 5.2. Solid Waste Management 11 5.3. Liquid waste management.. 12 6. General requirements 14 7. Training and capacity building 15 8. Management of emergency situations 1 5 9. Monitoring, auditing and reporting 1 6 10.
In these Standards, any word or expression to which a meaning has been assigned in the National Environmental Management: Waste Act, 2008 (Act No.
"the Act" means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008).
The standards aim at controlling the scrapping or recovery of motor vehicles at facilities that fall within the threshold as described in paragraph 3 of these standards in order to prevent or minimise potential negative impacts on the bio-physical and socio-economic environments. These facilities are required to comply with these standards without a need to conduct a basic assessment and obtain a waste management licence as per the provisions in the Government Notice No. 718 of July 2009.
The Bill of Rights contained in Chapter 2 of the Constitution of the Republic of South Africa, 1996 places a positive obligation on the State to (through reasonable legislative and other measures) give effect to rights to an environment that is not harmful to health or well-being of its citizens, and to have the environment protected for the benefit of present and future generations. South African legislators responded to this provision of the Constitution by developing and promulgating the National Environmental Management Act, 1998 (Act No. 107 of 1998) which sets principles for environmental management in the country. This Act was followed by a number of Specific Environmental Management Acts (SEMAs). including amongst: Jthers the N:::tior;n~ Er.viron:ncntc:l Mn:1agement: Waste Act 2008 (Act No.59 of 2008), which makes provisions for the development of standards set in this document. Section 19 of this Act provides for the Minister to publish by notice in the Gazette a list of waste management activities that have, or are likely to have a detrimental effect on the environment and to indicate whether a waste management license is required to conduct the activity, or if a waste management licence is not required, the requirements or standards that must be adhered to when conducting the activity. This list was first published in July 2009, in the Government Notice No. 718, with the scrapping or recovery of motor vehicles at facilities with an operational area in excess of 500m2 included as an activity that required a waste management licence. The standards set in this document hence replace this previous requirement, and the activity of scrapping or recovering motor vehicles thus now need to be managed in terms of provisions of these standards.
A person, category of persons or industry who lawfully initiated and conducted the activity of scrapping or recovering of motor vehicles prior to and on the date of coming into effect of these standards may continue with the activity for the duration as stipulated in the approval, authorisation or licence until such time that the Minister directs that person, category of persons or industry to comply with the provisions stipulated in these standards.
All new scrapping or recovery facilities must not be constructed in environmentally sensitive areas such as floodplains, residential areas, wetlands and any other conservation or protected areas and within 100m away from such areas.
The facilities must be constructed in an area that is accessible to emergency response personnel and equipment.
the location of the dispatching area for shredded parts.
in an area where the shredding operations take place.
This floor must be designed and sloped towards an oil or water separation system, which should be located down gradient of the facility.
The design of such a system must be dependent on the locality of the facility; however the system chosen should be able to prevent or minimise the escape of pollutants that will likely cause adverse impacts on the environment.
Storage areas for oil and fuel drained from the engines must be constructed. These areas must have impermeable floors with bund walls capable of holding up to 110% of oil or fuel in the case of accidental leaks, spillages, or overflows. This area must also be surrounded by an interception trench with a sump for intercepting and recovering potential spills.
The installation of waste ·storage containers or tanks (above-ground or underground) including all secondary containment equipment and mitigation measures must be undertaken by an experienced professional.
To minimise the impact of noise on the neighboring areas, construction equipment must only operate between the hours of 08h00 and 17h00. It is also the applicant's responsibility to ensure that noise levels do not exceed those stipulated in relevant noise legislation applicable in that particular locality/ province.
4.1 0. Onsite fueling and servicing of construction equipment and vehicles must only occur in a designated area. Should a vehicle require maintenance, it must be removed from site and repaired at a service workshop/ garage.
The area under construction must be demarcated to prevent unauthorised access during the construction process.
Dust generated by construction activities rnusl be minimised by aust suppression techniques such as the use of water sprinklers.
On arrival at the site, the following parts must be removed from a vehicle prior to this vehicle being crushed or shredded.
This dismantling operation should only be undertaken in a concrete floor linked to an oil/ water separation system.
The requirement for the removal of oil filters and oil does not apply to engines that are intended to be removed from the vehicle for reuse as whole.
Tyres that are damaged beyond repair (i.e. are road un-worthy, not suitable to be retreaded, repaired or sold as a part, and not fit for their original intended use) should be managed in accordance with the Waste Tyre Regulations, 2008. In case the facility falls within a sector that has an approved Integrated Industry Waste Tyre Management Plan, these tyres must be managed in accordance with this plan.
Brake pads containing asbestos should be placed in heavy plastic bags, double tied, and stored in a leak proof, airtight container designated for asbestos waste. Disposal of such parts should be carried out in accordance with the Environment Conservation Act, 1989 and the Asbestos Regulations of 2001.
Unbroken mercury containing lamps must be stored in a dry locked container labeled "Used Mercury Switches". These must be taken to a facility that is approved/ registered to handle or dispose of mercury/ mercury containing material.
5.2.4.. Cracked or leaking acid batteries must be regarded as hazardous. waste and. must be pl_13c:ed s~paritEliY in a closed leak-proof and acid resistant storage container and the container must be labeled as "Hazardous WasteLead Acid Batteries". This waste must be removed by an approved or registered hazardous waste handling company for disposal in an approved or licensed hazardous waste disposal facility. Spilled battery acid must be neutralised with a basic material such as lime or baking soda with residue from battery cleanup to be managed and disposed of as hazardous waste.
Prior to dispatch to a customer or commercial battery recycler, reusable or recyclable batteries must be stored indoors, upright and in heavy plastic sheeting or pallets in an area that will prevent the batteries from being damaged by moving or falling objects.
Filters removed from the engine should be drained of oil and fuel completely and stored in containers labeled "used oil or fuel filters". Completely drained metal filters should either be recycled or disposed of. Incompletely drained or not drained fuel filters should be stored in a separate fireproof container marked "Hazardous Waste Filters Only" away from potential sources of ignition and should be handled by approved hazardous waste handling companies for recycling or disposal at approved or licensed hazardous waste disposal facilities.
Parts that contain gas, such as gas for fueling the vehicle in the case of hybrid vehicles, as well as gas from the air-conditioning refrigerants, should be kept in an area designated for temporary storage of such parts. No gas should be allowed to vent into the atmosphere. These gas containing parts must only be handled by facilities that are registered to safely recycle or dispose of the gas.
The sludge removed from the oil or water separation system must be stored in containers labeled "Hazardous Waste -Sludge" and it should be handled and disposed of at a hazardous waste disposal facility by an approved or registered hazardous waste handling company.
Waste oily rugs and any other contaminated cloths from the cleaning of parts should be stored in closed, fireproof container with no structural defects and the container must be labeled "Used contaminated rugs or cloths". These oily r1.1gs or contaminated cloths must be disposed of in an authorised or licensed hazardous waste disposal facility in case they will not be reused or recycled.
At the shredding plant, contaminated auto fluff must be stored separately from the clean and valuable scrap metal picked up following the shredding process. This auto fluff must be stored in covered or closed containers labeled "Auto Shredder Residue", and where the recycling market for such does not exist; the fluff must be regarded as hazardous and disposed of in an authorised or licensed hazardous waste disposal facility.
11. Uncontaminated auto fluff may be sent to an authorised or licensed general landfill site, where it may be used as alternative daily cover.
12. Measures must be in place to prevent soil contamination from occurring. Where soil contamination has already occurred, the source of the contamination should be identified and cleanup activities undertaken to remove contaminated soil.
13. Partially empty or malfunctioning spray cans of products that contain ignitable, chlorinated solvents and that will not be recycled, must be disposed of as hazardous waste at approved or licensed hazardous waste disposal facilities.
Contaminated soil must be collected and stored in leak proof containers labeled "Hazardous Waste -Contaminated Soil" until it can be treated or transported to a waste treatment or disposal facility.
Any minor leaks within the bunded area must be contained by use of appropriate spill kits, with contaminated material handled as hazardous waste.
Oil drained from the vehicle engine and oil filters as well as fuel drained from fuel tanks and fuel filters as well as any other vehicular fluid such as brake fluid, should be poured into containers designated for the temporary storage of these liquids. The containers must each be labeled with the name of the fluid they are holding, and must be stored in a bunded area, capable of holding up to 110% of liquid in case of major leaks, overflows or spillages.
In addition to these requirements, the facility must ensure compliance with provisions made in the Norms and Standards for the Storage of Waste, with regards to the design of such containers.
These containers must be in good condition and should not exhibit any structural defects, rust, leaks or have evidence of deterioration.
Where underground containers are used to store used fuel, the facility must ensure compliance with the design specifications for the underground tanks, as provided for in the Norms and Standards for the Storage of Waste.
The tanks must be fitted with an overfill shut-off valve to prevent potential overflows and spillages.
To minimise potential overflows and spillages the above ground or underground containers must be emptied before fuel or oil reach the level of 80%.
No fuel, oil, brake ftuid or any other vehicle ftuids should be allowed to drip or poured direct into the soil, storm water drain, sewer lines, septic tanks or to any water course.
Used oil may be given or sold to an approved used oil recycling company or sent for disposal to an authorised or licensed hazardous waste disposal facility.
Brake ftuid should be handled as hazardous waste by an approved hazardous waste handling and disposal company.
Hydrocarbon contaminated water from the facility must be passed through an oil/ water separation system.
Water residue from the oil or water separation system must not be discharged direct into the storm water drains, nearby water streams; soils; ground water and to the wetlands without approval from the Department of Water Affairs.
Disposal of such residue water into the municipal sewer lines must only be undertaken following agreements with the Municipality concerned.
The opportunity for the onsite reuse and recycling of contaminated water must be investigated prior to disposal.
The oil or water separation system must be inspected daily and maintained by trained personnel in such a way that oil or contaminated water does not overflow and spill direct into storm water drains or direct into the environment.
Oil from the oil or water separation system must be pumped out for recycling and I or for disposal by a registered waste oil handling company.
If the antifreeze is not going to be reused or recycled, it must be handled as hazardous waste and disposed of at an approved or licensed hazardous waste landfill site by a registered hazardous waste handling company.
Used hot tank solutions must be stored in containers designed to hold strong corrosives and labeled "Hazardous· Waste -Corrosive" and must be disposed of as hazardous waste to a hazardous waste landfill site by a registered hazardous waste handling company.
Solvent based or a mineral spirits and petroleum based parts washers must be handled and disposed of as hazardous waste.
These standards do not replace any other relevant requirements stipulated in terms of other legislation, unless the requirements in terms of the other legislation are less stringent than these requirements.
Pollution or potential pollution of the biological and physical environments (including habitats for animal and plant species, water resources, land, soil and air) as a result of operations within the facility must at all times be prevented or minimized.
Measures must always be in place to ensure prevention or minimisation of negative or potential negative impacts on the health and safety of human beings within and outside the perimeter of the facility.
Sanitation facilities must be made available and must be well maintained to minimize odour beyond the perimeter of the site.
Waste streams should never be mixed. While general waste generated during the construction, operation and decommissioning phases of the facility may be disposed of at a general waste management site, all hazardous waste material must be disposed of at an approved or licensed hazardous waste disposal facility.
If the rest of the yard where a core pile of auto shells are kept, this area should be well maintained, with weed growth and dust emissions kept under control.
A material safety data sheet (MSDS) for each of the chemical products utilised must be kept on site. MSDS information must be obtained, maintained and updated and the files to be kept in an easily accessible location to employees. If MSDSs are kept on a file in acomputer, a hard copy should also be available.
General waste must be separated from hazardous waste. Any hazardous waste generated should be kept in containers labeled "hazardous waste" and must be disposed of at a permitted or licenced hazardous waste landfill site.
All new employees at the facility must on arrival undergo asafety, health and environmental (SHE) induction which must as a minimum capacitate them to be able to identify, prevent, minimise or manage actions or behavior that is likely to cause adverse impacts on air, water, land, fauna and flora as a result of construction, operation and decommissioning of the vehicle scrapping or recovery facility.
Members of staff must therefore be trained to manage all types of wastes as per the provisions of these standards and any other relevant legislative requirements applicable to the facility.
Only suitably qualified and trained personnel must maintain and service the oil/ water separation system.
A site spill/ overflow/leak incident emergency response plan I procedure must be developed and staff properly trained to respond to such emergencies.
Evacuation procedures in the case of fires, explosions.
The facility must manage emergency situations in accordance with this procedure.
Emergency incidences should be investigated, addressed and recorded in a register and kept on file.
Preventative and corrective actions taken and by whom.
8.5 All emergency incidents should be closed-out within 7-14 days of the occurrence of the incidence.
8.6 Fire fighting measures, such as fire extinguishers, must be maintained and located on-site and the workforce must be made aware of fire prevention and fire fighting measures.
8.7 In all areas that store material or waste that has potential to cause environmental harm in the case of accidental spillages, leaks or overflows, appropriate spill kits must be in place in accessible areas.
The site must be inspected on daily basis to ensure early detection and addressing of potential environmental pollution.
The authorities must be given access to audit and/or inspect the site at any time and at such frequency as they may decide, or to have the site audited or inspected at any time and at such frequency as they may decide.
The oil storage area (including the oil/ water separation system) must be inspected daily to ensure early detection of leaks, overflows or spillages and a speedy cleanup response.
During such inspections, the site must make any records or documentation available to the inspection team as may be required.
Safe disposal certificates for hazardous waste removed from site must be kept on record.
A certificate of compliance with relevant SASS codes regarding the installation of above ground or underground waste storage containers, should be kept on files and made available to the authorities on request.
Pressure testing on underground waste fuel storage tanks must be undertaken on annual basis and in cases where a leak is suspected. Records of testing must kept on file and made available to the authorities on request.
A record of any noncompliance findings by the authorities and the manner such non-compliances were addressed must be kept on file.
Keep records of hazardous waste disposed of.
9.1 0. The annual environmental performance audit must be conducted at the facility and results of the audit kept on record.
~ Confirmation of the presence of records of safe disposal certificates for all hazardous waste removed from the facility.
If for whatever reasons, a facility is to be discontinued, the site must be rehabilitated to the satisfaction of the Department.
A rehabilitation plan for the site, including the indication of end use of the area must be developed and submitted to the Department for approval not more than one year prior to the intended closure of the facility.
Measures to be taken to deal with such infrastructure as oil/ water separation systems, bund walls within which fluid storage tanks or containers were kept, the contaminated floor and shredding areas as well as any waste material still kept on site, e.g. auto shells, tyres, auto fluff, used fuel, used oil, etc.
The site must be rehabilitated according to such aplan.
The owner of the facility at any given point in time, including the subsequent owner of the facility will remain responsible for any adverse impacts on the environment, even after operations have ceased.
11.1 For the purpose of compliance monitoring, all facilities that fall within the scope as described in paragraph 3 of these standards must do aonce off registration with the department.
<fn>GOV-ZA.34414432En.2012-02-10.en.txt</fn>
I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby give notice of intention, under section 7(1)(c) read with section 73 of the National Environmental Management: Waste Act, 2008 (Act No. 58 of 2008}, set national standards for disposal of waste to landfill as set out in the Schedule hereto.
The full document can also be accessed at www.sawic.org.za.
Any inquiries in connection with the draft regulations can be directed to IVIs Nomphelo Daniel at 012} 310 3904.
In this Standards any word or expression to which a meaning has been assigned in the Act has that same meaning.
"the Act" means the National Environmental Management: Waste Act, 2008 (Act No.
"the Regulations" means the Waste Classification and Management Regulations , 2011, in terms of Section 69(1)(a), (b), {g), (h), (m), (q), (s), (dd) and (ee) of the Act.
This Notice prescribes the requirements for the disposal of waste to landfill as contemplated in Regulation 8(1)(b) and (c) of the Regulations.
and 150 mm B.
Chemical compatibility testing of proposed clay components with wastes containing salt is required.
Notwithstanding the requirements of paragraph 4(1) and (2) of this Notice, waste may be disposed of at landfills with a higher level of containment design than specified, subject to the restriction in paragraph 5(2)(a)(ii) of this Notice.
the Minimum Requirements for Waste Department of Water Affairs and Forestry.
{a {b The working cell at the landfill was in operation before the date of publication of this Notice; or The next working cell at the landfill was legally authorised before the date of publication of this Notice.
The classification and containment barrier design of all new landfills, as well as new working cells at existing landfills, must be implemented in accordance with paragraph 3(1) and (2) of this Notice..
Waste Disposal Risk Rating Landfill Disposal Requirements ill!_Q: Very High Risk The disposal of Type 0waste to landfill is not allowed. The waste must be treated and re-assessed in terms of the Standard for Assessment of Waste for Landfill Disposal to determine the level of risk associated with disposing the waste to landfill.
rmu: High Risk ! Type 2waste may only be disposed of at aClass A landfill designed in accordance with paragraph 3(1} and (2) of this Notice, or, subject to paragraph 3(4) of this Notice, may be disposed of at alandfill site designed and operated in accordance with the requirements for a Hh I HH landfill as specified in the Minimum Requirements for Waste Disposal by Landfill (2n Ed., DWAF, 1998}.
Requirements for Waste Disposal by Landfill {2d Ed.
Waste Disposal by Landfill (2d Ed., DWAF, 1998).
Waste listed in Section (2)(a) of Annexure 1of the Regulations with paragraph 3(1) and (2) of this Notice, or, subject to paragraph 3(4) of this Notice, at a landfill site designed and operated in accordance with the requirements for a general waste site, G S/M/L B·/B+ as specified in the Minimum Requirements for Waste I by Landfill (2d Ed., DWAF, 1998).
Hazardous Waste-Hazard Rating 1or 2 Disposal only allowed at a Class A landfill designed in accordance with paragraph 3(1) and (2) of this Notice, or, subject to paragraph 3(4) of this Notice, at a landfill site designed and operated in accordance with the requirements for a HH landfill as specified in the Minimum Requirements for Waste Disposal by Landfill (2nd Ed., DWAF, 1998).
Hazardous Waste-Hazard Rating 3 or 4 Disposal only allowed at a Class A landfill designed in accoruance with paragraph 3(1) and (2) of this Notice, or, subject to paragraph 3(4) of this Notice, at a landfill site designed and operated in accordance with the requirements for a Hh landfill as specified in the Minimum Requirements for Waste Disposal by Landfill (2nc Ed., DWAF, 1998).
Hazardous Waste Delisted Disposal only allowed at a Class 8 landfill designed in accordance with paragraph 3(1) and (2) of this Notice, or, subject to paragraph 3(4) of this Notice, at a landfill site designed and operated in accordance with the requirements for a GL8+ landfill as specified in the Minimum Requirements for Waste Disposal by Landfill (2d Ed., DWAF, 1998).
General Waste Disposal only allowed at a Class 8 landfill designed in accordance with paragraph 3(1) and (2) of this Notice, or, subject to paragraph 3(4) of this Notice, at a landfill site designed and operated in accordance with the requirements for ageneral waste site, G 5/M/L B·/B+ as specified in the Minimum Requirements for Waste Disposal by Landfill (2nd Ed., DWAF, 1998).
~~· Waste Prohibited or Restricted in termsofbisposal m---!
Waste which, in the conditions of a landfill, is explosive, corrosive, Immediate oxidizing, or flammable {according to SANS 10234 or SANS10228.
{b Waste with a pH value of <6 or >12.
Reactive waste that may react with water, air, acids or components of Immediate the waste, or that could generate unacceptable amounts of toxic gases within the landfill. !TdY Waste compressed gases according to SANS 10234 or SANS 10228}.
Untreated Healthcare Risk Waste (HCRW).
(i} POPs pesticides listed under the Stockholm Convention.
Residue pesticides.
(g) Lead acid batteries.
Other batteries Eight (8) years Reclaimable or recyclable used lubricating mineral oils, as well as oil Four {4) years filters, but excluding other oil containing wastes.
Waste Electric and Electronic Equipment (WEEE)-Other.
n} Waste lyres: Whole.
Waste tyres: Quartered.
Waste with a moisture content of >40% or that liberates moisture under pressure in landfill conditions, and which has not been stabilised by treatment.
25% diversion from baseline of separated garden waste.
{t Infectious animal carcasses and animal waste.
Type 4: Inert Waste with any waste other than Type 4.
I r 1 (b) Macro encapsulation of waste.
(C)5isposal of laboratory wastes listed in paragraph (2)(b) of Five (5) years I Annexure 1to the Regulations.
<fn>GOV-ZA.34415433En.2012-02-10.en.txt</fn>
very low pollutant content and because the toxicity of its I leachate is insignificant. Only basic control and management required.
If a particular contaminant in a waste is not listed with corresponding LCT and TCT thresholds in paragraph 6 of this Notice, and the waste has been classified as hazardous in terms of SANS 10234 health or environmental hazards due to the hazard characteristics of the particular contaminant, the waste is considered to be Type 1: High Risk Waste.
If a representative sample of a hazardous waste cannot be taken or obtained for accurate LC and TC analyses due to the nature of the waste, the waste is considered to be Type 1: High Risk Waste.
Laboratory wastes listed in item (2)(b) of Annexure 1 to the Regulations are considered to be Type 1: High Risk Waste.
As part of the FIFA Guarantees that the international tournament should be safe in all the provinces, Mpumalanga as one of the Host Provinces will stage dry-run games to test safety and security systems.
The Semi-Finals will be played at Thulamahashe New Stadium on Saturday 13 March 2010. The local teams are MP Highlanders, Benfica FC, Acorn Bush/ ELB Movers and Ximungwe United.
The event is expected to create hype for the community around the Host City, Mbombela while experiencing the effectiveness of safety and security plans by all the stakeholders such the police, fire and emergency services, disaster management and SANDF among others.
Mpumalanga Safety, Security and Liaison MEC Sibongile Manana says the sector is ready to provide maximum security during the World Cup.
Mpumalanga is ready, the safety and security cluster is also ready for the World Cup. All we need is to engage on a number of exercises to test the readiness.
"We were unfortunate not to host the Confederations Cup last year; this trial will help us go a long way in identifying challenges before the whole world lands in Mpumalanga," says MEC Manana.
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L_Version_Restore_Confirm_Text="You are about to replace the current version with the selected version."; var message=L_Version_Restore_Confirm_Text; return confirm(message); } function DeleteItemVersionConfirmation(bRecycleBinEnabled) { var L_Version_Delete_Confirm_Text="Are you sure you want to delete this version"; var L_Version_Recycle_Confirm_Text="Are you sure you want to send this version to the site Recycle Bin"; if (bRecycleBinEnabled) return confirm(L_Version_Recycle_Confirm_Text); else return confirm(L_Version_Delete_Confirm_Text); } function DeleteUserInfoItemConfirmation() { var L_User_Delete_Confirm_Text="You are about to delete this user."; var message=L_User_Delete_Confirm_Text; return confirm(message); } function UnlinkCopyConfirmation(strItemUrl) { return confirm(L_ConfirmUnlinkCopy_Text); } function Discuss(strUrl) { var L_IE5upRequired_Text="'Discuss' requires a Windows SharePoint Services-compatible application and Microsoft Internet Explorer 6.0 or greater."; if (browseris.ie5up && browseris.win32) window.parent.location.href=strUrl; else alert(L_IE5upRequired_Text); } function ProcessDefaultNavigateHierarchy(nodeDiv, dataSourceId, dataPath, url, listInContext, type, form, qsCore, submitPath) { if (typeof(_spCustomNavigateHierarchy)=="function") { _spCustomNavigateHierarchy(nodeDiv, dataSourceId, dataPath, url, listInContext, type); } else { if (listInContext==false) { top.location=url; } else { var par=document.createElement('INPUT'); par.type='hidden'; par.name='_spTreeNodeClicked'; par.value=dataPath; form.appendChild(par); var qs="RootFolder="+escapeProperly(url)+qsCore; SubmitFormPost(submitPath+qs); return false; } } } function ParseMultiColumnValue(fieldValue, delimiter) { var subColumnValues=new Array(); if (delimiter==null) delimiter=';#'; var lead=delimiter.charCodeAt(0); var trail=delimiter.charCodeAt(1); if (fieldValue==null || fieldValue.length==0) return subColumnValues; var strLead=delimiter.charAt(0); var strLeadLead=strLead+strLead; var escape=new RegExp(strLeadLead, "g"); var unescape=delimiter.charAt(0); var start=0; if (fieldValue.substr(0, 2)==delimiter) start=2; var end=start; var bContainEscapedCharacters=false; var totalLength=fieldValue.length; while (end =0) { end=index; end++; if (fieldValue.charCodeAt(end)==trail) { if (end - 1 > start) { var strSubColumn=fieldValue.substr(start, end - start - 1); if (bContainEscapedCharacters) strSubColumn=strSubColumn.replace(escape, unescape); subColumnValues.push(strSubColumn); bContainEscapedCharacters=false; } else { subColumnValues.push(''); } end++; start=end; continue; } else if (fieldValue.charCodeAt(end)==lead) { end++; bContainEscapedCharacters=true; continue; } else { throw "ArgumentException"; } } else { end=totalLength; } } if (end > start) { var strSubColumn=fieldValue.substr(start, end - start); if (bContainEscapedCharacters) strSubColumn=strSubColumn.replace(escape, unescape); subColumnValues.push(strSubColumn); } return subColumnValues; } function ConvertMultiColumnValueToString(subColumnValues, delimiter, bAddLeadingTailingDelimiter) { if (delimiter==null) delimiter=";#"; if (bAddLeadingTailingDelimiter==null) bAddLeadingTailingDelimiter=true; var strLead=delimiter.charAt(0); var strLeadLead=strLead+strLead; var escape=new RegExp(delimiter.charAt(0), "g"); var bHasValue=false; var sb=''; for (var i=0; i 0) strSubColumn=strSubColumn.replace(escape, strLeadLead); if (strSubColumn !=null && strSubColumn.length > 0) bHasValue=true; if (bAddLeadingTailingDelimiter || i !=0) sb+=delimiter; sb+=strSubColumn; } if (bHasValue) { if (bAddLeadingTailingDelimiter) { sb+=delimiter; } return sb; } else return ''; } var httpFolderTarget=null; var httpFolderSource=null; var httpFolderDiv=null; function NavigateHttpFolderCore() { if (httpFolderDiv==null) { httpFolderDiv=document.createElement('DIV'); document.body.appendChild(httpFolderDiv); httpFolderDiv.onreadystatechange=NavigateHttpFolderCore?
httpFolderDiv.addBehavior('#default#httpFolder'); } if (httpFolderDiv.readyState=="complete") { httpFolderDiv.onreadystatechange=null; try { var targetFrame=document.frames.item(httpFolderTarget); if (targetFrame !=null) { targetFrame.document.body.innerText= L_WebFoldersRequired_Text; } } catch (e) {} var isOk=false; try { var ret=""; ret=httpFolderDiv.navigateFrame(httpFolderSource, httpFolderTarget); if (ret=="OK") isOk=true; } catch (e) { } if (!isOk && 0==httpFolderSource.search("http://[a-zA-Z0-9\-\.]+(:80)/")) { var sUrl=httpFolderSource. replace(/http:\/\/([a-zA-Z0-9\-\.]+)(:80)[\/]/, "//$1/"). replace(/[\/]/g, "\\"); var targetFrame=document.frames.item(httpFolderTarget); if (targetFrame !=null) { try { targetFrame.onload=null; targetFrame.document.location.href=sUrl; isOk=true; } catch (e) { } } } if (!isOk) { alert(L_WebFoldersError_Text); } } } function NavigateHttpFolder(urlSrc, frameTarget) { if ('/'==urlSrc.charAt(0)) { urlSrc=document.location.protocol+"//"+document.location.host+ urlSrc; } httpFolderSource=urlSrc; httpFolderTarget=frameTarget; NavigateHttpFolderCore(); } function NavigateHttpFolderIfSupported(urlSrc, frameTarget) { if (SupportsNavigateHttpFolder()) { NavigateHttpFolder(urlSrc, frameTarget); } else { alert(L_WebFoldersError_Text); window.history.back(); } } function SupportsNavigateHttpFolder() { return (browseris.ie5up && browseris.win32); } cGCMinimumWidth=400; cGCMinimumHeight=200; cGCMaxGCResizeCount=10; var glGCObjectHeight=0; var glGCObjectWidth=0; glGCResizeCounter=0; function TestGCObject(GCObject) { if (((browseris.ie55up) && (typeof(GCObject)=="undefined")) || (GCObject==null) || (GCObject.object==null)) return false; return true; } function GCComputeSizing(GCObject) { if (TestGCObject(GCObject)) { var fBIDI=(document.documentElement.currentStyle.direction=="rtl"); var lGCWindowWidth=document.documentElement.scrollWidth; var lGCWindowHeight=document.documentElement.scrollHeight; var lGCObjectOffsetLeft=0; va?
GCResizeGridControl(GCObject); } } function GCOnResizeGridControl(GCObject) { if (TestGCObject(GCObject)) { if (glGCResizeCounter < cGCMaxGCResizeCount) { glGCResizeCounter++; GCResizeGridControl(GCObject); } } } function GCActivateAndFocus(GCObject) { if (TestGCObject(GCObject)) { GCObject. SetActive; GCObject. Focus; } } function GCNavigateToNonGridPage() { var strDocUrl=window.location.href; gridPart=strDocUrl.match("ShowInGrid="); if (gridPart) { gridSet=/ShowInGrid=\w*/; strDocUrl=strDocUrl.replace(gridSet, ""); } var idxQuery=strDocUrl.indexOf(""); if (idxQuery !=-1) { var idxQry2=strDocUrl.indexOf("", idxQuery+1); if (idxQry2 !=-1) strDocUrl=strDocUrl.slice(0, idxQry2); strDocUrl=strDocUrl+"&"; } else strDocUrl=strDocUrl+""; strDocUrl=strDocUrl+"ShowInGrid=False"; document.location.replace(STSPageUrlValidation(strDocUrl)); } function GCAddNewColumn(GCObject, path) { if (TestGCObject(GCObject)) { var source=window.location.href; var listName=GCObject. Name; var colName=GCObject. SelectedColumnUniqueName; var ltr=GCObject. RightToLeft; var viewGUID=GCObject. ViewGUID; var page="FldNew.aspx"; var listServerTemplate=GCObject. ServerTemplate; if (listServerTemplate=="102") { page="QstNew.aspx"; } path=path+"/_layouts/"+page+"List="+listName+"&View="+viewGUID+"&Source="+source+"&RelativeToField="+colName+"&LTR="+ltr; window.location=path } } function GCEditDeleteColumn(GCObject, path) { if (TestGCObject(GCObject)) { var source=window.location.href; var colName=GCObject. SelectedColumnUniqueName; var listName=GCObject. Name; var page="FldEdit.aspx"; var listServerTemplate=GCObject. ServerTemplate; if (listServerTemplate=="102") { page="QstEdit.aspx"; } path=path+"/_layouts/"+page+"List="+listName+"&Field="+colName+"&Source="+source; window.location=path } } function GCShowHideTaskPane(GCObject) { if (TestGCObject(GCObject)) { var state=GCObject. DisplayTaskPane; GCObject. DisplayTaskPane=!state; } } function GCShowHideTotalsRow(GCObject) { if (TestGCObject(GCObject)) ?
L_DownloadOriginal_Text="Download Picture"; var L_EditVersion_Text="Edit"; var L_EditInOIS_Text="Edit Picture"; var L_Workflows_Text="Workflows"; var L_Send_Text="Send To"; var L_ExistingCopies_Text="Existing Copies"; var L_OtherLocation_Text="Other Location"; var L_GoToSourceItem_Text="Go to Source Item"; var L_NotifyThisIsCopy_Text="This item was copied from another location and may be receiving updates from there. You should make sure that the source stops sending updates or this item may get recreated.\n\n"; var L_SendToEmail_Text="E-mail a Link"; var L_DownloadACopy_Text="Download a Copy"; var L_DocTran_Text="Convert Document"; var L_AddToMyLinks_Text="Add to My Links"; var L_AddToCategory_Text="Submit to Portal Area"; var L_VS_DownArrow_Text="Select a View"; var L_ModifyView="Modify this view"; var L_CreateView="Create a new view"; function resetExecutionState() { IsMenuShown=false; itemTable=null; EndDeferItem(); imageCell=null; onKeyPress=false; currentCtx=null; currentEditMenu=null; currentItemID=null; downArrowText=null; currentItemAppName=null; currentItemProgId=null; currentItemIcon=null; currentItemOpenControl=null; currentItemModerationStatus=null; currentItemUIString=null; currentItemCheckedoutToLocal=null; currentItemCanModify=null; currentItemFileUrl=null; currentItemFSObjType=null; currentItemCheckedOutUserId=null; currentItemCheckoutExpires=null; currentItemPermMaskH=null; currentItemPermMaskL=null; currentItemIsEventsExcp=null; currentItemIsEventsDeletedExcp=null; } function IsMenuEnabled() { return (browseris.ie55up || browseris.nav6up || browseris.safari125up); } function GetSelectedElement(elem, tagName) { while(elem !=null && elem.tagName !=tagName) elem=elem.parentNode; return elem; } function setupMenuContext(ctx) { currentCtx=ctx; } function FindSTSMenuTable(elm, strSearch) { var str=elm.getAttribute(strSearch); while (elm !=null && (str==null ||str=="")) { elm=GetSelectedElement(elm.parentNode, "TABLE"); if (elm !
strDisplayText=ctx. OfficialFileName; strAction="STSNavigate('"+ ctx. HttpRoot+ "/_layouts/SendToOfficialFile.aspx"+ "SourceUrl="+ currentItemEscapedFileUrl+ "&Source="+ GetSource()+"')"; strImagePath=""; CAMOpt(sm, strDisplayText, strAction, strImagePath); } CAMSep(sm); } if(HasRights(0x10, 0x0)) { strDisplayText=L_SendToEmail_Text; var currentItemUrl=GetAttributeFromItemTable(itemTable, "Url", "ServerUrl"); var httpRootWithSlash=ctx. HttpRoot.substr(0); if (httpRootWithSlash[httpRootWithSlash.length-1] !='/') httpRootWithSlash+='/'; var slashLoc=-1; var fileUrl=""; slashLoc=httpRootWithSlash.substring(8).indexOf('/')+8; fileUrl=httpRootWithSlash.substr(0, slashLoc)+ escapeProperlyCore(unescapeProperly(currentItemUrl), true); var serverFileRedir=itemTable.getAttribute("SRed"); if ((serverFileRedir !=null) && (serverFileRedir !="") && (serverFileRedir !="1")) { if (serverFileRedir.substring(0,1) !="1") { fileUrl=serverFileRedir; } else { fileUrl=serverFileRedir.substring(1); } } strAction="javascript:navigateMailToLinkNew('"+fileUrl+"')"; strImagePath=ctx.imagesPath+"gmailnew.gif"; menuOption=CAMOpt(sm, strDisplayText, strAction, strImagePath); menuOption.id="ID_SendToEmail"; } var serverFileRedirect=itemTable.getAttribute("SRed"); if (currentItemFSObjType !=1 && ctx.listBaseType==1 && (serverFileRedirect==null || serverFileRedirect=="" || HasRights(0x0, 0x20))) { if (ctx.listTemplate !=109 && ctx.listTemplate !=119) AddWorkspaceMenuItem(sm, ctx); strAction="STSNavigate('"+ ctx. HttpRoot+ "/_layouts/download.aspx"+ "SourceUrl="+ currentItemEscapedFileUrl+ "&Source="+ GetSource()+"&FldUrl="+ escapeProperly(ctx. SendToLocationUrl)+"')";; menuOption=CAMOpt(sm, L_DownloadACopy_Text, strAction, ""); menuOption.id="ID_DownloadACopy"; } } function AddDocTransformSubMenu(m, ctx) { if (typeof(rgDocTransformers)=="undefined" || rgDocTransformers==null) { return; } var sm=null; var currentItemUrl=GetAttributeFromItemTable(itemTable, "Url", "ServerUrl"); var currentItemEscapedFileUrl; if (currentItemFileUrl !=null) currentItemEscapedFileUrl=escapeProperly(unescapeProperly(currentItemFileUrl)); var iDot=currentItemUrl.lastIndexOf("."); if (iDot > 0) { var strExtension=currentItemUrl.substring(iDot+1, currentItemUrl.length).toLowerCase(); var iTransformer; var fAddedTransformer=false; for (iTransformer=0; iTransformer =504) { var L_ReplyLimitMsg_Text="Cannot reply to this thread. The reply limit has been reached."; strAction="alert('"+L_ReplyLimitMsg_Text+"')"; } else { strAction="STSNavigate('"+ctx.newFormUrl +"Threading="+escapeProperly(itemTable.getAttribute("Ordering")) +"&Guid="+escapeProperly(itemTable.getAttribute("ThreadID")) +"&Subject="+escapeProperly(itemTable.getAttribute("Subject")) +"&Source="+GetSource()+"')"; } strImagePath=ctx.imagesPath+"reply.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 100); menuOption.id="ID_Reply"; } AddSharedNamespaceMenuItems(m, ctx); if (currentItemID.indexOf(".0.") =504) { var L_ReplyLimitMsg_Text="Cannot reply to this thread. The reply limit has been reached."; strAction="alert('"+L_ReplyLimitMsg_Text+"')"; } else { strAction="STSNavigate('"+ctx.newFormUrl +"Threading="+escapeProperly(itemTable.getAttribute("Ordering")) +"&Guid="+escapeProperly(itemTable.getAttribute("ThreadID")) +"&Subject="+escapeProperly(itemTable.getAttribute("Subject")) +"&Source="+GetSource()+"')"; } strImagePath=ctx.imagesPath+"reply.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 100); menuOption.id="ID_Reply"; } AddSharedNamespaceMenuItems(m, ctx); if (currentItemID.indexOf(".0.") < 0 && HasRights(0x0, 0x8) && !currentItemIsEventsExcp) { if (ctx.listBaseType==4) strDisplayText=L_DeleteResponse_Text; else strDisplayText=L_DeleteItem_Text; strAction="DeleteListItem()"; strImagePath=ctx.imagesPath+"delitem.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 300); menuOption.id="ID_DeleteItem"; } var contentTypeId=itemTable.getAttribute("CId"); if (contentTypeId !=null && contentTypeId.indexOf("0x0106")==0 && HasRights(0x10, 0x0)) { strDisplayText=L_ExportContact_Text; strAction="STSNavigate('"+ctx. HttpPath+"&Cmd=Display&CacheControl=1&List="+ctx.listName+"&ID="+currentItemID+"&Using="+escapeProperly(ctx.listUrlDir)+"/vcard.vcf"+"')"; strImagePath=ctx.imagesPath+"exptitem.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 350); menuOption.id="ID_ExportContact"; } CAMSep(m); if (ctx.verEnabled==1) { AddVersionsMenuItem(m, ctx, currentItemEscapedFileUrl); } AddWorkflowsMenuItem(m, ctx); CAMSep(m); if ((currentItemID.indexOf(".0.") =504) { var L_ReplyLimitMsg_Text="Cannot reply to this thread. The reply limit has been reached."; strAction="alert('"+L_ReplyLimitMsg_Text+"')"; } else { strAction="STSNavigate('"+ctx.newFormUrl +"Threading="+escapeProperly(itemTable.getAttribute("Ordering")) +"&Guid="+escapeProperly(itemTable.getAttribute("ThreadID")) +"&Subject="+escapeProperly(itemTable.getAttribute("Subject")) +"&Source="+GetSource()+"')"; } strImagePath=ctx.imagesPath+"reply.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 100); menuOption.id="ID_Reply"; } AddSharedNamespaceMenuItems(m, ctx); if (currentItemID.indexOf(".0.") < 0 && HasRights(0x0, 0x8) && !currentItemIsEventsExcp) { if (ctx.listBaseType==4) strDisplayText=L_DeleteResponse_Text; else strDisplayText=L_DeleteItem_Text; strAction="DeleteListItem()"; strImagePath=ctx.imagesPath+"delitem.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 300); menuOption.id="ID_DeleteItem"; } var contentTypeId=itemTable.getAttribute("CId"); if (contentTypeId !=null && contentTypeId.indexOf("0x0106")==0 && HasRights(0x10, 0x0)) { strDisplayText=L_ExportContact_Text; strAction="STSNavigate('"+ctx. HttpPath+"&Cmd=Display&CacheControl=1&List="+ctx.listName+"&ID="+currentItemID+"&Using="+escapeProperly(ctx.listUrlDir)+"/vcard.vcf"+"')"?
fileType=GetAttributeFromItemTable(itemTable, "Ext", "FileType"); var progId=GetAttributeFromItemTable(itemTable, "Type", "HTMLType"); var contentTypeId=GetAttributeFromItemTable(itemTable, "CId", "ContentTypeId"); var listTemplateId=null; if (ctx !=null) listTemplateId=ctx.listTemplate; if (fileType) fileType=fileType.toLowerCase(); if (progId) progId=progId.toLowerCase(); if (contentTypeId) contentTypeId=contentTypeId.toLowerCase(); var menuOption; var elemTable=document.getElementById("ECBItems"); if (elemTable !=null) { var elemTBody=elemTable.childNodes[0]; for (var iMenuItem=0; iMenuItem =504) { var L_ReplyLimitMsg_Text="Cannot reply to this thread. The reply limit has been reached."; strAction="alert('"+L_ReplyLimitMsg_Text+"')"; } else { strAction="STSNavigate('"+ctx.newFormUrl +"Threading="+escapeProperly(itemTable.getAttribute("Ordering")) +"&Guid="+escapeProperly(itemTable.getAttribute("ThreadID")) +"&Subject="+escapeProperly(itemTable.getAttribute("Subject")) +"&Source="+GetSource()+"')"; } strImagePath=ctx.imagesPath+"reply.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 100); menuOption.id="ID_Reply"; } AddSharedNamespaceMenuItems(m, ctx); if (currentItemID.indexOf(".0.") < 0 && HasRights(0x0, 0x8) && !currentItemIsEventsExcp) { if (ctx.listBaseType==4) strDisplayText=L_DeleteResponse_Text; else strDisplayText=L_DeleteItem_Text; strAction="DeleteListItem()"; strImagePath=ctx.imagesPath+"delitem.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 300); menuOption.id="ID_DeleteItem"; } var contentTypeId=itemTable.getAttribute("CId"); if (contentTypeId !=null && contentTypeId.indexOf("0x0106")==0 && HasRights(0x10, 0x0)) { strDisplayText=L_ExportContact_Text; strAction="STSNavigate('"+ctx. HttpPath+"&Cmd=Display&CacheControl=1&List="+ctx.listName+"&ID="+currentItemID+"&Using="+escapeProperly(ctx.listUrlDir)+"/vcard.vcf"+"')"; strImagePath=ctx.imagesPath+"exptitem.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 350); menuOption.id="ID_ExportContact"; } CAMSep(m); if (ctx.verEnabled==1) { AddVersionsMenuItem(m, ctx, currentItemEscapedFileUrl); } AddWorkflowsMenuItem(m, ctx); CAMSep(m); if ((currentItemID.indexOf(".0.") < 0) && HasRights(0x80, 0x0)) { strDisplayText=L_Subscribe_Text; strAction="NavigateToSubNewAspx('"+ctx. HttpRoot+"', 'List="+ctx.listName+"&ID="+currentItemID+"')"; strImagePath=""; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1100); menuOption.id="ID_Subscribe"; } if (ctx.isModerated==true && HasRights(0x0, 0x10) && HasRights(0x0, 0x4) && HasRights(0x0, 0x21000) && ctx.listBaseType !=4) { strDisplayText=L_ModerateItem_Text; strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/approve.aspxList="+ctx.listName +"&ID="+currentItemID+"&Source="+GetSource()+"')"; strImagePath=ctx.imagesPath+"apprj.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1150); menuOption.id="ID_ModerateItem"; } if (currentItemFSObjType==1 && ctx. ContentTypesEnabled && ctx.listTemplate !=108) { strDisplayText=L_CustomizeNewButton_Text; strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/ChangeContentTypeOrder.aspxList="+ctx.listName+"&RootFolder="+currentItemEscapedFileUrl+"&Source="+GetSource()+"')"; strImagePath=""; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1170); menuOption.id="ID_CustomizeNewButton"; } } function ReplaceUrlTokens(urlWithTokens, ctx) { if (currentItemID !=null) urlWithTokens=urlWithTokens.replace("{ItemId}", currentItemID); if (currentItemFileUrl !=null) urlWithTokens=urlWithTokens.replace("{ItemUrl}", currentItemFileUrl); if (ctx. HttpRoot !=null) urlWithTokens=urlWithTokens.replace("{SiteUrl}", ctx. HttpRoot); if (ctx.listName !=null) urlWithTokens=urlWithTokens.replace("{ListId}", ctx.listName); return urlWithTokens; } function InsertFeatureMenuItems(m, ctx) { CAMSep(m); var fileType=GetAttributeFromItemTable(itemTable, "Ext", "FileType"); var progId=GetAttributeFromItemTable(itemTable, "Type", "HTMLType"); var contentTypeId=GetAttributeFromItemTable(itemTable, "CId", "ContentTypeId"); var listTemplateId=null; if (ctx !=null) listTemplateId=ctx.listTemplate; if (fileType) fileType=fileType.toLowerCase(); if (progId) progId=progId.toLowerCase(); if (contentTypeId) contentTypeId=contentTypeId.toLowerCase(); var menuOption; var elemTable=document.getElementById("ECBItems"); if (elemTable !=null) { var elemTBody=elemTable.childNodes[0]; for (var iMenuItem=0; iMenuItem < elemTBody.childNodes.length; iMenuItem++) { var elemTR=elemTBody.childNodes[iMenuItem]; var elemTDRightsH=parseInt(GetInnerText(elemTR.childNodes[3])); var elemTDRightsL=parseInt(GetInnerText(elemTR.childNodes[4])); var regType=GetInnerText(elemTR.childNodes[5]); var regId=GetInnerText(elemTR.childNodes[6]); var fInsertMenuItem=false; if (regId) { regId=regId.toLowerCase(); if (regType=="FileType") { fInsertMenuItem= (fileType==regId.toLowerCase()); } else if (regType=="ProgId") { fInsertMenuItem= (progId==regId.toLowerCase()); } else if (regType=="ContentType") { fInsertMenuItem= (contentTypeId && contentTypeId.indexOf(regId.toLowerCase())==0); } else if (regType=="List") { fInsertMenuItem= (listTemplateId && listTemplateId==regId); } } if (fInsertMenuItem && HasRights(elemTDRightsH, elemTDRightsL)) { var elemTDTitle=elemTR.childNodes[0]; var elemTDImageUrl=elemTR.childNodes[1]; var elemTDAction=elemTR.childNodes[2]; var iSequence=parseInt(GetInnerText(elemTR.childNodes[7])); var strDisplayText=GetInnerText(elemTDTitle); var tdAction=ReplaceUrlTokens(GetInnerText(elemTDAction), ctx); var strAction; if (tdAction.substr(0,11)=="javascript:") strAction=tdAction; else strAction="STSNavigate('"+STSScriptEncode(tdAction)+"')"; var strImagePath=ReplaceUrlTokens(GetInnerText(elemTDImageUrl), ctx); menuOption=CIMOpt(m, strDisplayText, strAction, strImagePath, null, iSequence); } } } } function GetRootFolder(ctx) { va?
RootFolder=GetUrlKeyValue("RootFolder", true); if (RootFolder=="" || bValidSearchTerm) { var FileDirRef; if (itemTable) FileDirRef=GetAttributeFromItemTable(itemTable, "DRef", "FileDirRef"); if (FileDirRef !=null) RootFolder="/"+FileDirRef; else RootFolder=ctx.listUrlDir; RootFolder=escapeProperly(RootFolder); } return "&RootFolder="+RootFolder; } function HasRights(requiredH, requiredL) { if(currentItemPermMaskH==null) { if (itemTable==null) return true; var pmStr=GetAttributeFromItemTable(itemTable, "Perm", "PermMask"); if(pmStr==null) return true; var currentItemAuthor=itemTable.getAttribute("Author"); SetCurrentPermMaskFromString(pmStr, currentItemAuthor); } if(!currentItemCanModify && (EqualRights(requiredH, requiredL, 0x0, 0x4) || EqualRights(requiredH, requiredL, 0x0, 0x8) || EqualRights(requiredH, requiredL, 0x40000000, 0x0))) { return false; } return (((requiredL & currentItemPermMaskL)==requiredL) && ((requiredH & currentItemPermMaskH)==requiredH)); } function EqualRights(rightsH1, rightsL1, rightsH2, rightsL2) { return ((rightsH1==rightsH2) && (rightsL2==rightsL2)); } function SetCurrentPermMaskFromString(pmStr, currentItemAuthor) { var pmLen=pmStr.length; if(pmLen 0) { var SeriesIdEnd=currentItemID.indexOf(".0."); var itemSeriesID=currentItemID.substr(0, SeriesIdEnd); strDisplayText=L_EditSeriesItem_Text; strAction="STSNavigate('"+ctx.editFormUrl+"ID="+itemSeriesID+"&Source="+ GetSource()+"')"; strImagePath=ctx.imagesPath+"recurrence.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 230); menuOption.id="ID_EditSeriesItem"; } } AddManagePermsMenuItem(m, ctx, ctx.listName, currentItemID); } function AddDocLibMenuItems(m, ctx) { if (typeof(Custom_AddDocLibMenuItems) !="undefined") { if (Custom_AddDocLibMenuItems(m, ctx)) return; } var RootFolder=GetRootFolder(ctx); var menuOption; AddSharedNamespaceMenuItems(m, ctx); var currentItemEscapedFileUrl; if (currentItemFileUrl !=null?
currentItemEscapedFileUrl=escapeProperly(unescapeProperly(currentItemFileUrl)); var serverFileRedirect=itemTable.getAttribute("SRed"); if (HasRights(0x0, 0x4) && HasRights(0x10, 0x0) && currentItemFSObjType !=1 && (serverFileRedirect==null || serverFileRedirect=="" || HasRights(0x0, 0x20))) { if (ctx.isWebEditorPreview==0 && ctx.listBaseType==1) { if (ctx.listTemplate==109 && itemTable.getAttribute("IsImage")=="1") { strDisplayText=L_EditInOIS_Text; strAction="EditSingleImage('"+currentItemID+"')"; strImagePath=ctx.imagesPath+"oisweb.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 240); menuOption.id="ID_EditInOIS"; } else { setDocType(); if (currentItemAppName !="" && currentItemOpenControl !="") { strDisplayText=""; if (currentItemAppName !=" ") strDisplayText=StBuildParam(L_EditIn_Text, currentItemAppName); else { var objEditor=StsOpenEnsureEx(currentItemOpenControl+".3"); if (objEditor !=null) strDisplayText=L_EditInApplication_Text; } if (strDisplayText !="") { strAction="editDocumentWithProgID2('"+currentItemFileUrl+"', '"+currentItemProgId+"', '" +currentItemOpenControl+"', '"+bIsCheckout+"', '"+ctx. HttpRoot+"', '"+currentItemCheckedoutToLocal+"')"; strImagePath=ctx.imagesPath+currentItemIcon; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 240); menuOption.id="ID_EditIn_"+currentItemAppName; } } } } } if (HasRights(0x0, 0x8)) { strDisplayText=L_DeleteDocItem_Text; var isCopy="false"; if (typeof(itemTable.getAttribute("CSrc")) !="undefined" && itemTable.getAttribute("CSrc") !=null && itemTable.getAttribute("CSrc") !="") { isCopy="true"; } strAction="DeleteDocLibItem('"+ ctx. HttpPath+"&Cmd=Delete&List="+ctx.listName+ "&ID="+currentItemID+"&owsfileref="+ currentItemEscapedFileUrl+"&NextUsing="+GetSource()+"',"+ isCopy+")"; strImagePath=ctx.imagesPath+"delitem.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 310); menuOption.id="ID_DeleteDocItem"; } AddGotoSourceItemMenuItem(m, ctx, itemTable, currentItemFSObjType); if (currentItemFSObjType !=1) { AddSendSubMenu(m, ctx); AddDocTransformSubMenu(m, ctx); } if (currentItemFSObjType !=1 && ctx.listTemplate==109 && typeof(DownloadOriginalImage)=="function") { strAction="DownloadOriginalImage("+currentItemID+")"; strImagePath=ctx.imagesPath+"download.gif"; strDisplayText=L_DownloadOriginal_Text; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 550); menuOption.id="ID_DownloadOriginal"; } if (HasRights(0x0, 0x4)) { if ((ctx.isModerated==true) && (((currentItemModerationStatus==2) || !ctx. EnableMinorVersions) && currentItemCheckedOutUserId=="" ||currentItemFSObjType==1)) { strDisplayText=L_ModerateItem_Text; strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/approve.aspxList="+ctx.listName +"&ID="+currentItemID+"&Source="+GetSource()+GetRootFolder(ctx)+"')"; strImagePath=ctx.imagesPath+"apprj.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1150); menuOption.id="ID_ModerateItem"; } if (currentItemFSObjType !=1) { if (ctx.listBaseType==1) { CAMSep(m); AddCheckinCheckoutMenuItem(m, ctx, currentItemEscapedFileUrl); } } } if (ctx.verEnabled==1 || ctx.isModerated) AddVersionsMenuItem(m, ctx, currentItemEscapedFileUrl); if (currentItemFSObjType !=1) { AddWorkflowsMenuItem(m, ctx); CAMSep(m); if (ctx. PortalUrl !=null) { strDisplayText=L_AddToMyLinks_Text; strAction="Portal_Tasks('PinToMyPage')"; ; strImagePath=""; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1000); menuOption.id="ID_AddToMyLinks"; CAMSep(m); } } else if (ctx.listBaseType==1 && HasRights(0x10, 0x0)) { AddWorkOfflineMenuItem(m, ctx, currentItemFileUrl); } if (HasRights(0x80, 0x0)) { strDisplayText=L_Subscribe_Text; strAction="NavigateToSubNewAspx('"+ctx. HttpRoot+"', 'List="+ctx.listName+"&ID="+currentItemID+"')"; strImagePath=""; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1100); menuOption.id="ID_Subscribe"; } if (currentItemFSObjType==1 &?
menuOption.id=strMenuOptionId; } } } } function AddWorkflowsMenuItem(m, ctx) { if (ctx. WorkflowsAssociated && HasRights(0x0, 0x4)) { var strCTID=GetAttributeFromItemTable(itemTable, "CId", "ContentTypeId"); if (strCTID==null || strCTID.substr(0,8) !="0x010801") { var strImagePath=ctx.imagesPath+"workflows.gif"; var itemID; var SeriesIdEnd=currentItemID.indexOf(".0."); if (SeriesIdEnd > 0) itemID=currentItemID.substr(0, SeriesIdEnd); else itemID=currentItemID; var strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/Workflow.aspxID="+itemID+"&List="+ctx.listName+"&Source="+GetSource()+"')"; var menuOption=CAMOpt(m, L_Workflows_Text, strAction, strImagePath, null, 900); menuOption.id="ID_Workflows"; } } } function AddWorkspaceMenuItem(m, ctx) { var menuOption; var strSourceUrl=GetAttributeFromItemTable(itemTable, "SUrl", "SourceUrl"); if (strSourceUrl !=null && strSourceUrl !="" && strSourceUrl !="%20") { if (HasRights(0x0, 0x21000)) { strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/publishback.aspxlist="+ctx.listName+"&item="+currentItemID+GetRootFolder(ctx)+"')"; menuOption=CAMOpt(m, L_PublishBack_Text, strAction, "", null, 1140); menuOption.id="ID_PublishBack"; } } else { if (HasRights(0x0, 0x800000) && HasRights(0x0, 0x21000) && HasRights(0x0, 0x4000000)) { strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/createws.aspxlist="+ctx.listName+"&item="+currentItemID+GetRootFolder(ctx)+"')"; menuOption=CAMOpt(m, L_CreateDWS_Text, strAction, "", null, 1140); menuOption.id="ID_CreateDWS"; } } } function AddVersionsMenuItem(m, ctx, url) { if (currentItemID !=null) { var strCurrentItemID=currentItemID.toString(); if (strCurrentItemID.indexOf(".0.") >=0) return; } if (!HasRights(0x0, 0x40)) return; strDisplayText=L_Versions_Text; strAction="NavigateToVersionsAspx('"+ctx. HttpRoot+"', 'list="+ctx.listName+"&ID="+currentItemID+"&FileName="+url+"')"; strImagePath=ctx.imagesPath+"versions.gif"; var menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 800)?
EditMenuDefaultForOnclick() { if (! IsContextSet()) return; var ctx=currentCtx; if (ctx.isVersions) { STSNavigate(itemTable.getAttribute("verUrl")); } else if (ctx.listTemplate==200) { var currentInstanceID=currentItemID; MtgNavigate(currentInstanceID); } else { EditListItem(); } } function EditListItem() { if (event.srcElement.tagName=="A" || event.srcElement.parentNode.tagName=="A") return; if (! IsContextSet()) return; var ctx=currentCtx; var editFormUrl=ctx.editFormUrl+"ID="+currentItemID+ "&Source="+GetSource() if (ctx.listBaseType==1) editFormUrl=editFormUrl+GetRootFolder(ctx) STSNavigate(editFormUrl); } function DoNavigateToTemplateGallery(strSaveLocUrl, strTGUrl) { document.cookie="MSOffice_AWS_DefSaveLoc="+strSaveLocUrl; STSNavigate(strTGUrl); } function Portal_Tasks(cmd) { if (! IsContextSet()) return; var ctx=currentCtx; var fileRef=unescapeProperly(currentItemFileUrl); var idx1=0, idx2=0; idx1=fileRef.lastIndexOf("/") idx2=fileRef.lastIndexOf(".") if (idx1 0) { var SeriesIdEnd=currentItemID.indexOf(".0."); var itemSeriesID=currentItemID.substr(0, SeriesIdEnd); strDisplayText=L_EditSeriesItem_Text; strAction="STSNavigate('"+ctx.editFormUrl+"ID="+itemSeriesID+"&Source="+ GetSource()+"')"; strImagePath=ctx.imagesPath+"recurrence.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 230); menuOption.id="ID_EditSeriesItem"; } } AddManagePermsMenuItem(m, ctx, ctx.listName, currentItemID); } function AddDocLibMenuItems(m, ctx) { if (typeof(Custom_AddDocLibMenuItems) !="undefined") { if (Custom_AddDocLibMenuItems(m, ctx)) return; } var RootFolder=GetRootFolder(ctx); var menuOption; AddSharedNamespaceMenuItems(m, ctx); var currentItemEscapedFileUrl; if (currentItemFileUrl !=null) currentItemEscapedFileUrl=escapeProperly(unescapeProperly(currentItemFileUrl)); var serverFileRedirect=itemTable.getAttribute("SRed"); if (HasRights(0x0, 0x4) && HasRights(0x10, 0x0) && currentItemFSObjType !=1 && (serverFileRedirect==null |?
strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/ChangeContentTypeOrder.aspxList="+ctx.listName+"&RootFolder="+currentItemEscapedFileUrl+"&Source="+GetSource()+"')"; strImagePath=""; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1170); menuOption.id="ID_CustomizeNewButton"; } } function AddManagePermsMenuItem(m, ctx, listId, url) { if(!HasRights(0x40000000, 0x0) || currentItemIsEventsExcp) return; strDisplayText=L_MngPerms_Text; strAction="NavigateToManagePermsPage('"+ctx. HttpRoot+"', '"+listId+"','"+url+"')"; strImagePath=ctx.imagesPath+"manageperm.gif"; var menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 250); menuOption.id="ID_MngPerms"; } function AddGotoSourceItemMenuItem(m, ctx, itemTable, objtype) { if (objtype !=1 && typeof(itemTable.getAttribute("CSrc")) !="undefined" && itemTable.getAttribute("CSrc") !=null && itemTable.getAttribute("CSrc") !="") { strDisplayText=L_GoToSourceItem_Text; strAction="NavigateToSourceItem('"+itemTable.getAttribute("CSrc")+"')"; strImagePath=ctx.imagesPath+"goToOriginal.gif"; var menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 340); menuOption.id="ID_GoToSourceItem"; } } function AddCheckinCheckoutMenuItem(m, ctx, url) { var menuOption; if(!HasRights(0x0, 0x4)) return; if (currentItemCheckedOutUserId==null) currentItemCheckedOutUserId=itemTable.getAttribute("COUId"); if (currentItemCheckedOutUserId !="") { if(currentItemCheckedOutUserId==ctx. CurrentUserId || ctx. CurrentUserId==null || HasRights(0x0, 0x100)) { strDisplayText=L_Checkin_Text; strAction="NavigateToCheckinAspx('"+ctx. HttpRoot+"', 'List="+ctx.listName+"&FileName="+url+"')"; strImagePath=ctx.imagesPath+"checkin.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 700); menuOption.id="ID_Checkin"; strDisplayText=L_DiscardCheckou_Text; strAction="UnDoCheckOut('"+ctx. HttpRoot+"', '"+url+"')"; strImagePath=ctx.imagesPath+"unchkout.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strDisplayText=GetStssyncAppNameForType("documents",L_WorkOffline_Text, strImagePath); if (strDisplayText) { strAction="javascript: ExportHailStorm('documents','"+ctx. HttpRoot+"','"+ ctx.listName+"','"+STSScriptEncode(ctx. SiteTitle)+ "','"+ctx. ListTitle+"','"+ STSScriptEncode(ctx.listUrlDir)+"','','"+STSScriptEncode(unescapeProperly(ctx.listUrlDir))+"'"; strAction+=",'"+STSScriptEncode(unescapeProperly(url))+"','"+currentItemID+"')"; strImagePath=GetStssyncIconPath(ctx.imagesPath+"tbsprsht.gif", ctx.imagesPath); menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath); menuOption.id="ID_WorkOffline"; } } function AddVersionMenuItems(m, ctx) { if (typeof(AddVersionMenuItemsCore)=="function") { AddVersionMenuItemsCore(m, ctx); } } function NavigateToSubNewAspx(strHttpRoot, strArgs) { STSNavigate(strHttpRoot+"/_layouts/SubNew.aspx"+strArgs+"&Source="+GetSource()); } function NavigateToVersionsAspx(strHttpRoot, strArgs) { STSNavigate(strHttpRoot+"/_layouts/Versions.aspx"+strArgs+"&Source="+GetSource()); } var L_UndoCheckoutWarning_Text="If you discard your check out, you will lose all changes made to the document. Are you sure you want to discard your check out"; var L_UnPublishWarning_Text=" Are you sure you want to unpublish this version of the document"; var L_CancleApproval_TEXT=" Are you sure that you want to cancel the approval of this document"; function UnDoCheckOut(strHttpRoot, strUrl) { try { var stsOpen=null; var strextension=SzExtension(unescapeProperly(strUrl)); if (FSupportCheckoutToLocal(strextension)) stsOpen=StsOpenEnsureEx("SharePoint. OpenDocuments.3"); if (stsOpen !=null) { var strDocument=currentItemFileUrl; if (strDocument.charAt(0)=="/" || strDocument.substr(0,3).toLowerCase()=="%2f") strDocument=document.location.protocol+"//"+document.location.host+strDocument; stsOpen. DiscardLocalCheckout(strDocument); SetWindowRefreshOnFocus(); return; } else { if (!confirm(L_UndoCheckoutWarning_Text)) { return; } } } catch (e) { ?
<fn>GOV-ZA.34416Gon434En.2012-02-10.en.txt</fn>
I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby give notice of intention to, under section 19(3)(a) read with section 73 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), declare the extraction, flaring or recovery of landfill gas as a waste management activity that does not require a waste management licence and to set the national standards for the extraction, flaring or recovery of landfill gas as set out in the Schedule hereto.
Attention: Mr. Mpho Tshitangoni
By fax to: (012) 310 3753, and e-mail to: mtshitangoni@environment.gov.
Hand delivered at: 315 Pretorius Street, Pretoria, Fedsure Forum Building, North Tower, 2nd Floor (Reception). The full document can also be accessed at www.sawic.org.za, under the link "draft documents for comment". Any inquiries in connection with the draft national standards can be directed to Mr. Mpho Tshitangoni at (012) 310 3380. Comments received after the closing date may not be considered.
Department Environmental Affairs.
Definition of Terms and Acronyms.
Legislative framework.
Application of these standards.
Requirements during the preparation/planning phase.
Requirements during the construction phase.
LFG extraction system.
LFG flaring system.
LFG to energy system.
General construction requirements.
Requirements during the operational phase.
LFG extraction and flaring systems.
LFG to energy plant.
Training and capacity building.
Management of emergency situations.
Monitoring and reporting requirements.
General requirements.
Requirements during the decommissioning phase.
In these Standards, any word or expression to which a meaning has been assigned in the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) and associated Regulations shall have the meaning so assigned and, unless the context otherwise indicates.
"Spark Ignition Engine" means an internal combustion engine for electricity generation in a landfill site, in which an electrical discharge ignites the explosive mixture of fuel and air.
The standards aim at controlling the extraction, flaring or recovery of landfill gas at facilities as described in paragraph 3 of these Standards in order to prevent or minimise potential negative impacts on the bio-physical and socio-economic environments. These facilities are required to comply with these standards without a need to conduct a basic assessment and obtain a waste management licence as per the provisions in the Government Notice No. 718 of July 2009.
The Bill of Rights contained in Chapter 2 of the Constitution of the Republic of South Africa, 1996 places a positive obligation on the State to (through reasonable legislative and other measures) give effect to rights to'an environment that is not harmful to health or well-being of its citizens, and to have the environment protected for the benefit of present and future generations. South African legislators responded to this provision of the Constitution by developing and promulgating the National Environmental Management Act, 1998 (Act No. 107 of 1998) which sets principles for environmental management in the country. This Act was followed by a number of Specific Environmental Management Acts (SEMAs), including amongst others the National Environmental Management: Waste Act, 2008 (Act No.59 of 2008), which makes provisions for the development of standards set in this document. Section 19 of this Act provides for the Minister to publish by notice in the Gazette a list of waste management activities that have, or are likely to have a detrimental effect on the environment and to indicate whether a waste management license is required to conduct the activity, or if a waste management license is not required, the requirements or standards that must be adhered to when conducting the activity. This list was first published in July 2009, in the Government Notice No. 718, with the extraction, flaring or recovery of landfill gas included as an activity that required a license. The standards set in this document hence replace this previous requirement, and the activity of extracting, flaring or recovering of landfill gas thus now need to be managed in terms of the provisions of these standards.
A person, category of persons or industry who lawfully initiated and conducted the activity of extracting, flaring or recovering of landfill gas prior to and on the date of coming into effect of these standards may continue with the activity for the duration as stipulated in the approval, authorisation or licence held until such time that the Minister directs that person, category of persons or industry to comply with the provisions stipulated in these Standards.
Develop an environmental management plan (EMP), specifying actions or measures, timeframes and responsibilities for mitigating potential negative impacts I risks on air, water, ground water, land, fauna, flora and on humans during the construction, operation and decommissioning phases of the project.
Prepare an Emergency Response Procedure (ERP) which as a minimum should cover aspects as described in paragraph 8 of these standards.
Vertical wells must be drilled in such a way that no damage will be caused to the underlying landfill lining system.
The design and installation of all underground gas pipelines, including vertical and horizontal pipes must be in accordance with applicable SASS codes.
The wells and associated vertical piping must be designed in a manner that will discourage excessive sucking in of leachate and dirty material into the system, which in turn may cause system clogging.
The wells and the piping system must be sealed in a manner that will prevent or minimise unnatural migration of the gas through the wells and the pipes.
All landfill gas transmission pipe work should be pressure-tested to demonstrate its integrity.
Gas pipelines must be laid in a way that will encourage easy draining of condensate from one pipe to the other until condensate settles at the condensate collection points.
Where natural stones or crush aggregates are used in the construction of gas extraction wells, these must have a low calcareous content to reduce fugitive emissions from exhaust pipes.
Condensate knockoff points must be installed at lower level points of the gas collection system.
Condensate treatment system must be installed or condensate collection lines must be connected to the existing leachate treatment system and condensate must not be pumped back into the landfill site.
The type of the flare required for a particular site must be determined based on a site specific survey or modeling of the key elements of the landfill gas in question. In order to minimize potential adverse impacts on the biophysical and socio-economic environments, all the requirements in this section on the design of the flare unit, must be complied with.
To prevent unauthorized entry and potential tempering with the system, the flaring plant or unit must be fenced off with only operational staff allowed to enter the premises unaccompanied.
Any other person, including visitors and temporary contractors working on the site must on entry to the facility be accompanied by operational staff.
An emergency diesel generator must be installed to provide alternative power source for the unit in case, unexpected electricity power shuts take place.
To minimize the generation of back fires, noise emission, light pollution and to provide high combustion temperatures and specific residence periods to destroy unwanted constituents, the flare unit must be enclosed.
The unit must be equipped with gas analyzer to monitor the composition and amount of gas extracted from the wells and that is coming into the flare unit.
To oe able to destroy unwanted gas impurities and to minimise emissions to the atmosphere, the flaring unit must be designed and operated in accordance with the manufacture's specifications with regards to the level of gas combustion temperatures, destruction efficiencies and retention time in the burner.
A condensate knock-out drum to collect condensate as well as a pumping system to divert condensate to the condensate treatment or collection system.
On delivery to the site, the unit must be issued with a manufactures' certification, which confirms that the unit is indeed able to meet the above specifications.
To prevent unauthorized entry and potential tempering with the system, the electricity generating plant must be fenced off with only operational staff allowed to enter the premises unaccompanied.
Where spark ignition enginefgenerators are used, these must be enclosed in units/containers acoustically designed for noise reduction.
Generator/s with exhausts I stacks fitted with silencers to minimise noise emission.
Agas filtration (treatment) system to remove impurities.
The transformer/s must be located in an impermeable concrete bunded area capable of holding up to 110% of the total volume of transformer oil in case of accidental spillages, overflows or leaks in the transformer.
Install lightning conductors to prevent I minimize potential damage of the facility by lightning.
Construction within the site must be carried out under the supervision of a registered professional engineer appointed by the site owner/ site management and according to the approved engineering site plans.
The construction area must be defined, fenced off and limited to authorised persons only. All activities must be confined to this area.
To minimize the impact of noise on the neighboring areas, construction equipment must only operate between the hours of 08h00 and 17h00.
Fugitive emissions of duct from the movement of vehicles should be minimised by road wetting and by implementing speed llmits.
Onsite fueling and servicing of construction equipment and vehicles must only occur in a designated area. Should a vehicle require maintenance, it must be removed from site and repaired at aservice workshop/ garage.
Toilet facilities must be maintained well to prevent odour emission, water or any other forms of pollution. The contents of chemical toilets must not be buried or discharged direct into the environment. These must be removed for disposal to an approved disposal site.
During the digging of vertical gas collection wells and horizontal trenches, dug up waste material must not be stockpiled for a period exceeding one day. To minimise odour emission, this material must be put back into the landfill or removed for disposal to another authorised or licensed landfill site.
A scheduled maintenance plan must be prepared and the flaring unit maintained I serviced in accordance with the manufacture's specifications and in amanner that prevents or minimises the generation of pollution.
During the shutting down of the flaring system for scheduled maintenance, LFG must be sealed off and only allowed to escape the system through the natural migration process.
The emergency generator required in terms of paragraph 5.2 of these standards must be serviced according to the manufacture's specifications. The area where the generator will be stored must be made of impermeable surfaces and must be bunded, with capability to hold up to 110% of the engine oil, and fuel in case of accidental spillages or leaks.
The generator must be operated in a manner that prevents or minimizes the generation of noise pollution and emission of pollutants to the atmosphere.
Any liquid or solid waste generated during the servicing of the emergency generator and during the servicing of the flaring unit must be handled in a manner that does not cause pollution to the environment.
Since smoking or fire making may pose risks of explosion, smoking or fire making must not be allowed in and near the vicinity of the LFG extraction and flaring facility and the signs indicating such must be erected on entrance to the facility.
Bins or receptacles for the storage of waste must be made available at all times and placed at designated areas on an impermeable surface. The con!<:r.ts of these recept3G!es must be removed from the site on a regular basis for disposal at a registered or licensed disposal facility.
No leachate or condensate extracted from the system should be disposed direct into the sewer lines unless it meets the requirements of the local authority in terms of quantity and quality. Whether these requirements exist or do not exist, the local authority concerned must first be consulted to determine a suitable method of disposal.
Leachate or condensate extracted from the system must not be disposed of direct into the environment or to suppress road dust or for irrigation, unless it meets the requirements of the Department of Water Affairs in terms of quantity and quality. Approval from this department must first be obtained prior to disposal in this manner.
Washing of machinery or equipment, vehicles, materials, clothes or bathing is prohibited unless it is done in a contained area that has suitable impervious flooring designed for this purpose.
No discharge of pollutants such as contaminated water, cement, fuels or oils will be allowed into any water resource or sewage channel.
Bunded areas must be regularly inspected to ensure no leakages, overflows or spillages occur. Any spillages and leaks must be cleaned-up immediately.
Soils that may be contaminated must be removed to prevent surface and groundwater contamination and disposed off in authorized or licensed landfill sites.
1. During scheduled maintenance shutdowns of the engines or during any emergency shutdowns or process upsets of the engines, all LFG should be flared off.
Where both the engine/s and the flaring unit are shut down for whatever reasons, the LFG must be sealed off completely and only allowed to escape the system through the natural migration process.
Any liquid and solid waste (including used oil, cooling system liquids, air and oil filters and any other waste emanating from the engines during servicing) must be handled and stored in a manner that does not cause pollution to the environment prior to them being reused, recycled or disposed of.
To ensure adherence to the manufacture's efficiency specifications, engine performance must be measured and monitored throughout the duration of the project.
To run the electricity generating engine/s, gas extracted from the landfill must be used.
All engine exhausts must be fitted with silences to minimise noise emissions.
1. All personnel on site, including visitors, temporary and permanent contractors as well as full time employees must undergo a safety; health and environmental (SHE) induction which must as a minimum capacitate them to be able to identify, prevent, minimise or manage actions or behaviors that are likely to cause adverse impacts on air, water, land, fauna and flora as a result of construction, operation and decommissioning of a LFG project.
Only suitably qualified and trained personnel must maintain and service (In accordance with the manufacture's specifications) the flaring unit, the energy generating engines and associated infrastructure as well as the emergency generator.
Managers or owners of the LFG facility must manage emergency situations in accordance with the ERP prepared in terms of paragraph 4 of these Standards.
This ERP must provide details of actions that must be taken in the case of occurrence of emergency incidences such as landfill gas explosion, gas fires, spillage of hazardous chemicals outside bunded areas into the environment, excessive noise or complaints on any of the incidences, during all phases of the project.
measures that will be taken to notify all persons whose health may be affected by the incidents.
This procedure must on annual basis be tested through emergency simulation I mockup drills and also evaluated following the occurrence of incidences that had potential to cause harm to the bio-physical and I or socieconomic environments and on human health?
All incidents should be closerl-cHtt within 7-14 rl~y.:; r.f the occurrence of the incidence.
Fire fighting measures, such as fire extinguishers, must be located on-site and the workforce must be made aware of fire prevention and fire fighting measures.
In all areas that store material or waste that has potential to cause environmental harm in the case of accidental spillages, leaks or overflows, appropriate spill kits must be in place in accessible areas.
For the purpose of compliance monitoring, all facilities that fall within the scope as described in paragraph 3 of these standards must prior to commencement with the construction of this activity inform the Department for a once off registration of the activity in the departmental database.
During such audits I inspections, the site must make any records or documentation available to the inspection team as may be required.
Gas extraction must be monitored for the duration of the project lifetime and this should include a gas well monitoring programme to monitor potential deterioration in gas well performance.
Records of all hazardous waste removed on site must be recorded and kept on file for future reference and these must be submitted to the authorities on request.
The environmental performance of the LFG extraction, flaring or recovery project should be reported and discussed in the landfill site steering committee meetings.
D Confirmation of the inclusion of the project in the agenda for the landfill site steering committee.
Compliance with these standards does not exempt the facility 1rom complying with the requirements stipulated in any other legislation.
These requirements are binding to the contractors and sub-contractors working on site and should be included in tender documentation for the construction contract.
Ambient level of gaseous emissions from the flaring and electricity generation process must not exceed the limits as set in the National Ambient Air Quality Standards.
10A. The requirements set in these standards including any other requirements by the authorities must be complied with in full and failure to do so constitute an offence in terms of the Act; and may lead to compliance investigations and punitive measures instigated against offenders.
A material safety data sheet (MSDS) for each of the chemical products purchased from a manufacturer or vendor must be obtained, kept on site, maintained and updated regularly. A hard copy of these sheets must be kept in an easily accessible location to employees.
Waste stored temporarily, must be kept on bins or receptacles which are labeled I color coded.
Waste bins should be placed on an impermeable surface to avoid soil, groundwater and surface water contamination.
No burning of waste or anything should be allowed on the site. Smoking should only be allowed in areas designated for such.
It is the responsibility of the project owner/ management to ensure that noise levels do not exceed those stipulated in relevant noise legislation applicable in that particular locality/ province.
A rehabilitation plan for the site, including the indication of possible future use must be developed and kept on file within the facility. The type of rehabilitation adopted would be dependent on the planned future of the area.
{a When the amount of gas in the landfill site is no longer able to generate electricity, the gas engines/ generators and all associated infrastructure must be removed on site.
When no more gas is extractable from the landfill site to justify the need for the flaring operation, the flaring unit and associated infrastructure must be removed.
{c) When no more flaring is taking place, all valves (including inlet valves to the flaring unit, valves at the monitoring points at the manifolds) must be shut off in order to prevent the remaining minor gas from escaping the landfill site unnaturally.
A grass mix should be selected for rehabilitation of disturbed open areas.
<fn>GOV-ZA.34417435En.2012-02-10.en.txt</fn>
NATIONAL ENVIRONMENTAL MANAGEMENT: WASTE ACT, 2008 (Act No.
I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby give notice of my intention, under section 69(1)(a), (b), (g), (h), (m), (q), (s), (dd) and (ee) read with section 73 of the National Environmental Management: Waste Act 2008 (Act No. 59 of 2008), to make regulations regarding waste classification and management in the Schedule hereto.
Members of the public invited to submit to the Minister, within 30 days of publication of this ':.
By fax to: (012)320 0024, and by e-mail to : ndaniel@environemnt.gov.
Hand delivered at: 315 Pretorius Street, Pretoria, Fedsure Forum Building North Tower, 2nd floor (Reception).
between waste management facilities.
The term waste in these Regulations has the meaning assigned to it by the Act and is deemed to include both general waste and hazardous waste.
General waste and hazardous waste have the meanings assigned to it by the Act and are referred to as such in these Regulations, where specific provisions are only applicable to either general or hazardous waste.
For any action contemplated in terms of these Regulations for which a timeframe is prescribed, the specified numbers of days are calendar days.
establish a mechanism and pro..
prescribe general duties of waste generators, transporters and managers.
These Regulations apply uniformly in all Provinces of the Republic of South Africa.
Subject to subregulation (3), these Regulations apply to all waste generators, waste transporters and waste managers.
These Regulations do not apply to generators of domestic waste that is collected by a municipality.
Subject to subregulation (2), all waste generators must ensure that the wastes they generate are classified in accordance with SANS 10234 within ninety (90) days of generation.
Wastes listed in Annexure 1 of these regulations do not require classification in terms of SANS 10234.
Wastes must be kept separate for the purposes of classification in terms of subregulation (1), and must not be mixed prior to classification.
Waste must be re-classified in terms of subregulation (1) if modification to the process or activity that generated the waste, changes in raw materials or other inputs, or any other variation of relevant factors, could result in changes to the waste which may affect the classification thereof.
Waste that has been subjected to any form of treatment must be re-classified in terms of subregulation (1), including any waste from the treatment process.
If the Minister reasonably believes that a waste has not been classified correctly in terms of subregulation (1), he or she may require the waste generator to have the classification peer reviewed to confirm the classification.
All generators of waste classified as hazardous in terms of Regulation 4(1) must ensure that a safety data sheet for the waste is prepared in accordance with SANS 10234.
Subject to subregulation (3), all generators of waste listed in item (2)(b) of Annexure 1 to these Regulations must ensure that a safety data sheet for the waste is prepared in accordance with SANS 10234.
Safety data sheets for contaminated general waste and laboratory waste listed in item (2)(b) of Annexure 1 to these Regulations must provide the details of the specific hazardous waste/s or hazardous chemical/s in the waste.
Every holder of hazardous waste must be in possession of the safety data sheeVs referred to in subregulation (1) and (2) for the waste.
A holder of waste must not be in possession of waste that has not been classified in terms of Regulation 4 for a period of more than ninety (90) days.
Waste must not be diluted solely to reduce the concentration of its constituents for the purposes of classification in terms of Regulation 4(1), or assessment of the waste in accordance with the Standard for Assessment of Waste for Landfill Disposal set in terms of section 7(1) of the Act.
Any container or storage facility holding waste classified as hazardous in terms of Regulation 4(1) or waste listed in item (2)(b) of Annexure 1 to these Regulations, must be labelled to reflect the contents and date of containerisation.
Where waste classified as hazardous in terms of Regulation 4(1) or waste listed in item (2)(b) of Annexure 1 to these Regulations is stored in a manner that labelling is not possible in terms of subregulation (3), records must be kept reflecting the date and quantities of waste placed in the waste storage facility, and the cumulative quantity of waste stored in the facility.
Where waste classified as hazardous in terms of Regulation 4(1) or waste listed in item (2)(b) of Annexure 1 to these Regulations is temporarily stored and periodically removed from a container or storage facility, records must be kept reflecting the dates and quantities of waste removed from the container or storage facility.
Waste generators must ensure that their waste is re-used, recycled, recovered, treated and/or disposed off within eighteen (18) months of generation.
Waste managers shall not store waste for more than eighteen (18) consecutive months from generation.
Unless demonstrated that no feasible alternative exists, the re-use, recycling, recovery, treatment and/or disposal of waste currently stored in an existing facility must be commenced with within five (5) years from the date of commencement of these Regulations.
the result of treatment is not controlled and permanent.
reduce the risk associated with the management of the waste.
generators of business waste that is collected by amunicipality.
Motivation for listing Waste Management Activit!
Any person may submit a motivation to the Minister to list a specific waste manqgement activity as an activity that does not require a waste management licence in terms of section 19 of the Act.
A motivation to the Minister in terms of subregulation (1) must de;monstrate that the waste management activity can be implemented and conducted consistently and repeatedly in a controlled manner without unacceptable impact on, or risk to. the environment or health.
roles and responsibilities of different parties involved, i.e.
design specifications or standards.
any other specific information that may be required by the Minister, including an independent review of information submitted in support of the motivation.
any other relevant information.
reject the motivation with reasons.
UJ management or mitigation measures of any potential impact on or risk to the environment or health.
In terms of Section 19(2) of the Act.
any of the requirements or standards specified in terms of Section 19(3)(a) of the Act.
the new application contains new and material information not previously submitted to the Minister; or {b a period of three years has elapsed since the application was lodged.
where and by whom each waste was re-used, recycled, recovered, treated or disposed of.
made available to the Department upon request.
Every holder of a waste that has been classified as hazardous in terms of Regulation 4(1) or a waste that is listed in item (2)(b) of Annexure 1to these Regulations, must be in possession of a waste manifest document containing the relevant information specified in Annexure 2 tc..,these Regulations.
All generators of waste classified as hazardous in terms of Regulation 4(1) or waste that is listed in item (2)(b) of Annexure 1 to these Regulations, must complete a waste manifest document containing the information specified in item (2)(a) of Annexure 2 to these Regulations for each consignment of waste transported to a waste manager.
Subregulations (1) and {2) do not apply to waste generators who are also the waste manager and manage the waste at the same premises where it was generated.
Waste transporters may not accept waste classified as hazardous in terms of Regulation 4(1) or waste that is listed in item (2)(b) of Annexure 1 to these Regulations for transport, unless the waste manifest document accompanies the waste.
assessed in terms of Regulation 8(1)(a) if the waste is to be disposed to landfill; within ninety (90) days from the date of commencement of these Regulations.
Regulation 6(1) is not applicable for a period of two (2) years from the date of commencement of these Regulations, provided that the waste has either been classified in terms of the Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste (2nd Edition, 1998; Department of Water Affairs and Forestry), or an alternative classification was approved by the Department of Water Affairs, prior to these Regulations coming into operation.
Regulations 6(3), 6(4) and 6(5) must be complied with within two (2) months from the date of commencement of these Regulations for waste that was classified as hazardous in terms of the Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste (2nd Edition, 1998; Department of Water Affairs and Forestry} prior to these Regulations coming into operation.
(5} Regulation 8(1)(a} is not applicable for a period of two (2) years from the date of commencement of these Regulations, provided that the waste has either been classified in terms of the Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste (2nct Edition, 1998; Department of Water Affairs and Forestry}. or an alternative classification was approved by the Department of Water Affairs, prior to these Regulations taking effect.
The requirements of Regulations 11 and 12 take effect six 6} months after the date of commencement of these Regulations.
The requirements of Regulations 11 and 12 apply to waste that was classified as hazardous in terms of the Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste (2nd Edition, 1998; Department of Water Affairs and Forestry) prior to these Regulations coming into operation.
(c) provide the information to the generator before the waste is transported from the premises of the generator; and provide the information to the waste manager at the time of delivery of the waste to the facility for a waste management activity.
{6) Waste managers may not accept waste classified as hazardous in terms of Regulation 4(1) or waste that is listed in item (2)(b) of Annexure 1 to these Regulations, unless the waste manifest document accompanies the waste.
(7} All managers of waste classified as hazardous in terms of Regulation 4(1) or waste that is listed in item (2}(b) of Annexure 1 to these Regulations, must return a copy of the completed waste manifest document containing the information specified in item (2)(c) of Annexure 2 to these Regulations to the waste generator, confirming that the waste load has been accepted and that the waste has been managed in an environmentally sound manner.
All waste generators, transporters and managers subject to the requirements of subregulations (1), (2), (3), {4), (5), (6) and (7} must(a) retain copies of the waste manifest documentation for a period of at least 5 (five) years; (b) make the waste manifest documentation available to the Department upon request.
All wastes that were classified in terms of the Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste (2nd Edition, 1998; Department of Water Affairs and Forestry), or waste for which an alternative classification was approved by the Department of Water Affairs, prior to these Regulations taking effect, must be(a) re-classified in terms of Regulation 4{1); and (b) assessed in terms of Regulation 8(1 }(a} if the waste is to be disposed to landfill; within two (2) years from the date of commencement of these Regulations.
Regulations taking effect; remain in effect until such time as the conditions are reviewed and varied in terms of Sections 53 and 54 of the Act.
A person is guilty of an offence if that person a) fails to comply with Regulations 4(1), 4(3), 4(4), 4(5), 5, 6, 7{1), 8(1), 11, 12(1), 12(2), 12(4).
provides incorrect or misleading information in any reconi,'f document required or submitted in terms of these Regulations.
These Regulations are called the Waste Classification and Management Regulations, 2011, and take effect on adate determined by the Minister by notice in the Gazette.
The wastes specified in item 2 of this Annexure do not require classification in terms of Regulation 4(1).
{vi Post consumer packagina.
Uncontaminated, excavated earth material.
Mixed. hazardous chemical wastes from analytical laboratories and laboratories from academic institutions in containers less than 100 litres.
The informatiqn specified in item 2 of this Annexure must be reflected in the hazardous waste manifest document required in terms of Regulation 12.
Declaration (content of the consignment is fully and accurately described, classified, packed, marked and labelled, and in all respects in proper condition for transportation in accordance with the applicable laws and regulations).
Declaration acknowledging receipt of the waste.
Quantity of waste received by weight (tons), and volume (m3) if applicable.
Waste management reporting description and code in terms of the National Waste Information Regulations, 2011.
Details on any waste diverted to another waste management facility, and details of the facility.
Certification and declaration of receipt and final manqgement of the waste.
<fn>GOV-ZA.34418436En.2012-02-10.en.txt</fn>
I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby give notice of intention to, under section 7(1)(c) read with section 73 of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008), set the national norms and standards for the storage of waste in the Schedule hereto.
By fax to: (012) 322 5515, and by e-mail to: zphohlo@environment.gov.
Hand delivered at: 315 Pretorius street, Pretoria, Fedsure Forum building North Tower, 2nd floor (Reception).
The full document can also be accessed at www.sawic.org.
Any inquiries in connection with the draft national norms and standards can be directed to Ms Zingisa Phohlo at (012) 310 3382.
the National Environmental Management: Waste Act, 2008 (Act No.
the National Environmental Management Act, 1998(Act No.
"Ta.nk" means a container, designed for the accumulation of waste.
CBO -Community Based Organization DEA -Department of Environmental Affairs NEMA: National Environmental Management Act, 1998 (Act No. 107 of 1998) NEM: WA: National Environmental Management: Waste Act, 2008 (Act No.
provide minimum standards for the designing and operation of new and existing waste storage facilities.
3.1 The Constitution of the Republic of South Africa, 1996 (the Constitution) provides the foundation for environmental regulation and policy. Section 24 of the Constitution makes provision for environmental protection for the benefit of present and future generation and the right to live in an environment that is not harmful to health and well-being. This can only be achieved through a reasonable legislative framework and other measures that prevent pollution and ecological degradation, promote conservation, and secure ecologically sustainable development and the sustainable use of natural resources. The responsibility of ensuring a safe and healthy environment rests upon the State, reference can be made to the provisions of section 7(2) of the Constitution that reads ''that State must respect, protect and fulfill the bill of rights'. The Department of Environmental Affairs fulfill these rights through the application of the National Environmental Management Act, 1998 (Act No 107 of 1998) (NEMA) and its Specific Environmental Management Acts (SEMAs) among other tools.
3.2 The National Environmental Management Act, 1998 (Act No. 107 of 1998) (NEMA) introduced a number of guiding principles into the South African environmental legislations, including the life-cycle approach to waste management, producer responsibility, the precautionary principle and the polluter pays principle. NEMA also places a duty of care on any person who causes significant pollution or degradation to the environment, requiring them to institute measures to prevent pollution from occurring, or to minimize and rectify the pollution or degradation where it cannot reasonably be avoided.
3.3 The National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) (NEM: WA) requires the establishment of the National Waste Management Strategy (NWMS) that obliges holders of waste to take reasonable measures to implement the waste hierarchy whilst protecting the environment and public health. The development of the Norms and Standards is the foundation of the regulatory system established in terms Section 7(1)(c) of the NEMWA.
These norms and standards apply to anyone who stores waste in storage facility as defined in the document.
4.2 These norms and standard do not apply to surface impoundments or lagoons.
5.1 In locating the waste storage facilities the public health and environmental protection must be considered. The location of waste storage facilities must also take into consideration the requirements in respect of existing servitudes.
5.2 The storage facilities must be located within an industrial demarcated zone. Storage facilities that are located within residential areas must have a buffer zone of at least 1OOm unless there is a prescribed buffer zone by the relevant local authority.
5.3 Storage areas must be located in such a manner that it can provide optimum handling and transportation of waste material. Location of storage areas must also take into consideration the hazards associated with flammability and toxicity of the waste stored and applicable codes and standards.
5.4 All storage facilities must be located in areas accessible by emergency response personnel and equipments.
6.1 Construction and development of the waste storage facility must be carried out under the supervision of a registered professional engineer appointed and according to the approved civil engineering designs. The plan must only be amended and approved by a registered professional engineer.
6.2 The liquid waste storage area must have a firm, impermeable, and chemical resistant floors and aroof or acontainer that is coated to prevent direct sunlight and rain water from getting in contact with the waste.
6.3 The storage area of any other waste must have an impermeable floor, chemical resistant floors.
6.4 The liquid waste storage facility must be surrounded by an interception trench with a sump for intercepting and recovering potential spills and must be lined incompliance with condition b above.
6.5 The storage facility must be constructed to maintain on a continuous basis a drainage and containment system capable of collecting and storing all runoff water arising from the storage facility in the event of a flood. The system must under the said rainfall event, maintain a freeboard of half ameter.
6.6 The liquid waste storage area must have a secondary containment system (e.g. bund, drip tray) of sufficient capacity to contain at least 11 0% of the maximum contents of the storage facility. Where more than one container/tank is stored, the bund must be capable of storing at least 110% of the largest tank or 25% of the total storage capacity, whichever is greater (in the case of drums the tray/bund size must be at least 25% of total storage capacity).
Access to waste storage facility must be limited to employees who have been trained with respect to the operation of a waste storage facility and emergency response procedures and any other person authorized by the owner of the storage facility.
7.2 Notices prohibiting unauthorized persons from entering the waste storage facility, as well as aSouth African Bureau of Standards (SASS) acceptable sign indicating the risks involved in unauthorized entry, must be displayed at the entrance. The notrees must also state the hours of operation, the name, address and telephone numbers of the person responsible for the management of the waste storage facility.
7.3 Access to hazardous waste storage areas must be limited to trained individuals.
8.1 The waste storage facility must be free from odour or emissions at levels likely to cause annoyance. Waste must be sorted at source into various categories (recyclables and nonrecyclables) and a documented procedure must be implemented to prevent any mixing of hazardous and non-hazardous waste.
8.2 Waste must be managed in accordance with the Environmental Management System and/or an approved Integrated/ Industry Waste Management Plan, if any.
8.3 The waste storage facility must be operated within its design capacity.
9.1 A waste container must be of sufficient strength and structural integrity to ensure that it is unlikely to burst or leak in its ordinary use.
9.2 Containers must be handled in accordance with appropriate safety requirements and any waste lost during opening, handling or storage must be contained.
9.3 Waste must be stored in covered containers except for when waste is added or emptied.
(e.g. excessive surface loading, ground movement or disturbance). If mechanical joints have to be used, they must be readily accessible for inspection.
9.5 Liquid wastes must be stored in leak resistant containers and must be inspected weekly for leaks.
9.6 Waste storage containers, associated piping and equipment must be of sufficient structural strength to withstand normal handling and installed on foundations stable under operating conditions.
9.7 The foundations of waste storage containers must be protected from, or resistant to all, forms of internal and external wear, vibration, shock corrosion, fire, heat, vacuum and pressure which might cause the storage tank foundation to fail.
9.8 A monitoring device must be provided on all hazardous waste storage containers and piping to and from the container in order to keep operating personnel informed.
9.9 If the containers are lined or internally coated, the coating must be compatible with the substance stored. Furthermore the coating specification must adhere to existing engineering practices and the relevant standards requirements.
9.1 0 The waste storage tank must be aclosed system and pressure resistant.
9.11 In cases where the tanks or vent pipes are not visible during the filling process an automatic overfill prevention device must be fitted onto the tank.
10.1 All waste containers which rest on the ground must have a double bottom or be underlain by barriers, which will not deteriorate with a permeability rate of the waste stored.
10.2 Bottoms of the containers which are in contact with soil and are subject to corrosion must be protected from external corrosion by either ensuring that the containers are made of corrosion resistant materials or the containers have a cathodic protection system.
10.3 The waste storage tanks must not have mechanical joints, except if they can be accessed for inspection.
10.4 The screw fitting or other fixed coupling fitted to the tank must be maintained in good condition and must only be used when filling the tank.
1 Underground waste storage containers must have double walled and synthetic liners and underground vaults must be installed.
11.2 Steel underground tanks and piping which are in contact with soil must be protected from corrosion using one or combination of corrosion resistant materials or have cathodic protection.
11.3 Container components that are placed underground and that are backfilled must be provided with a backfill material that is a non-corrosive, porous, homogeneous substance and that is installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported.
11.4 If external coating is used to protect the tank from external corrosion, the coatings must be fiberglass, reinforced, plastic, epoxy, or any other suitable dielectric material with a minimum thickness of 0.26mm after curing.
12.1 All reusable containers must be effectively disinfected before standards specified in SANS.
12.2 The floors of the storage facility (i.e. receiving area, untreated waste area, treated waste areas) must be cleaned and disinfected twice a day.
12.3 Containers used for the storage of pathological waste must be manufactured from materials that are able to withstand the temperatures at which pathological waste must be stored.
12.4 A lid used for a pathological waste container or a disposable sharps container must provide an airtight seal to prevent the emission of odours and be secured in such a way that it cannot be reopened once closed.
12.5 Sharps must be contained in rigid, puncture-proof, tamper-proof and clearly marked containers.
12.6 Plastic bags used as stand-alone containers must have a thickness of 801Jm or more.
12.7 Plastic bags used as liners which form an integral part of a rigid container must have a thickness of 601Jm or more.
D Healthcare risk waste other than pathological waste, sharps and pharmaceutical waste must be treated within 72 hours of collection of the consignment by a transporter from the relevant generators premises unless stored at temperatures below-2DC.
13.1 Training must be provided continuously to all employees working with waste and all contract workers that might be exposed to waste.
Procedures that they need to apply to their particular type of work.
The risks of the hazardous substances to their health which they are likely to be exposed to.
13.3 A sufficient number of employees must receive training to cover for leave periods, absences due to illness and public holidays.
13.4 An attendance register must be kept and signed by each employee at each training session.
13.5 Only trained persons must be allowed to handle hazardous waste.
14.1 Waste can be hazardous or dangerous to the environment if not handled properly or stored inappropriately. To minimize environmental impacts, facilities must have an emergency preparedness plan that includes the following: (a) Hazard identification; {b) Prevention measures; (c) Emergency planning; (d) Emergency response; {e) Remedial actions.
14.2 Immediate action must be taken to contain spillage and prevent it from entering storm water drains or environment.
15.1 Containers, tanks, valves and piping containing hazardous waste must be visually inspected for leaks, structural integrity and any sign of deterioration (e.g. corrosion or wearing of protective coatings) on a weekly basis.
15.2 A registered engineer must inspect tanks containing hazardous waste at least once per annum to check tank integrity, corrosion, piping, valves, bunding, and impermeability of the bund wall and bund floor.
15.3 The secondary containment system must be examined at least weekly or after each significant precipitation event to ensure that the containment is free of debris, rainwater and other materials that would compromise the capacity and integrity of the system.
15.4 Ventilation systems, sump pumps, emergency alarms, impressed current corrosion protection systems, level alarms and other mechanical systems must be inspected on a routine basis to ensure proper functioning based on manufacturer recommendations, regulatory requirements or best practice.
15.5 Inspection must include a review of the adequacy, amount and type and accessibility of spill response equipment.
15.6 If environmental pollution, nuisance or health risks or water pollution is suspected to be or is occurring on the storage facility, an investigation must be initiated into the cause of the problem or suspected problem.
Internal audits must be conducted bi-annually and on each audit occasion an official report must be compiled by the relevant auditor to report the findings of the audits, which must be made available to the external auditor.
An independent external auditor must be appointed to audit the storage facility biennially and this auditor must compile an audit report documenting the findings of the audit, which must be submitted to the Director.
show monitoring re:;ult:; gretphicaiiy a1 1u wnduct trend analysis.
17.1 The relevant authority responsible for waste management reserves has the right to audit and/or inspect the storage facility without prior notification at any time.
17.2 Any records or documentation pertaining management of the facility must be available to the Director upon request, as well as any other information he/she must require.
17.3 The findings of these audits or inspections must be made available to the within 30 days of the end of the audit or inspection.
18.1 Any incidences must be dealt with and be reported in accordance with sections 28 and 30 ofNEMA.
18.2 An action plan which includes a detailed time schedule, and resource allocation to address any incident must be signed off by the senior management of the organization and submitted within 14 days or ashorter period required by the Relevant Authority.
18.3 Complaints register and Incident report must be made available to the external auditor, and the Departmental auditors.
18.4 Each external audit report must be submitted to the Director within 30 days from the date on which the external auditor finalized the audit.
Authorized collector/sand proposed final point of treatment or disposal.
19.2 Any deviations from the approved integratedflndustry waste management plan must be recorded.
19.3 Records must be kept for a minimum of five (5) years and must also be available for inspection.
When the waste storage facility is no longer in use an application for the decommissioning and rehabilitation of the facility must be lodged with the Relevant Authority.
This document is called Norms and Standards for the waste storage facilities and takes effect on adate determined by the Minister in the Gazette.
22.1 A person who lawfully owns, manages or controls a waste storage facility prior to the date of the commencement of these norms and standards must ensure that the facility is compliant with these norms and standards within six months after the commencement of these Norms and Standards.
22.2 All waste storage facilities musi be registered with the Departmental waste information system.
<fn>GOV-ZA.34421445En.2012-02-10.en.txt</fn>
Notice is hereby given in terms of secr:.ion 11 (1) of. the Restituti<:.>n o.t r, and Rights Act, 1994 (Act No 22 of 1994) as amen<:.'lf;ld. These clairns for t:he restitution of land righcs have been submitted to the Regional Land U aims Commi ssion~r for the Wel:'tenl Cape.
<fn>GOV-ZA.34421446En.2012-02-10.en.txt</fn>
BUSY HANDS CONSmUCTION & HARDWARE CO-OPERATIVE LIMITED.
Co-operatives Act, 2005, and the co-operatives will be dissolved unless proof is furnished to the effect that the co-operatives are carrying on business or are in operation.
Any objections to this procedure, which interested persons may wish to raise, must together with the reasons therefor, be lodged with this office before the expiration of the period of sixty days.
<fn>GOV-ZA.34421450En.2012-02-10.en.txt</fn>
Notice is hereby given that the names of the abovementioned co-operatives will, after the expiration of sixty days from the date of this notice, be struck off the register in terms of the provisions of section 73(1) of the Co-operatives Act, 2005, and the co-operatives will be dissolved unless proof is furnished to the effect that the co-operatives are carrying on business or are in operation. Any objections to this procedure, which interested persons may wish to raise, must together with the reasons therefore, be lodged with this office before the expiration of the period of sixty days.
<fn>GOV-ZA.34421451En.2012-02-10.en.txt</fn>
Notice is hereby given that the names of the abovementioned co-operatives will, after the expiration of sixty days from the date of this notice, be struck off the register in terms of the provisions of section 73(1) of the Co-operatives Act, 2005, and the co-operatives will be dissolved unless proof is furnished to the effect that the co-operatives are carrying on business or are in operation.
Any objections to this procedure, which interested persons may wish to raise, must together with the reasons therefore, be lodged with this office before the expiration of the period of sixty days.
<fn>GOV-ZA.34421452En.2012-02-10.en.txt</fn>
o SAA must submit a report on an annual basis in respect of the revenue it generates by participating in the above mentioned joint Star products.
44 No.
It should be noted that in terms of Section 10(8) of the Act, the firm concerned (SAA) or any other person with a substantial financial interest affected by the Commission decision may appeal it to the Competition Tribunal in the prescribed manner.
<fn>GOV-ZA.34426438En.2012-02-10.en.txt</fn>
I, Mamodupi Mohlala, Commissioner of the National Consumer Commission, hereby publish draft Service Delivery Standards for Advisory Opinions and Clarifications for the National Consumer Commission, in terms of the Consumer Protection Act, 2008 (Act No. 68 of 2008) for public comment.
Interested persons may submit their comments on the draft guidelines in writing on or before 30 July 2011; submissions must be forwarded to: The National Commissioner, National Consumer Commission c/o Ms Karin Goode, P 0 Box 30251 Sunnyside, Pretoria, 0132 or per fax to (012) 394 2541 or email to ccoode@thedti. g ov. za.
Kindly provide the name, address. telephone, fax numbers and or email address of the person or organization submitting the comments.
The National Consumer Commission (NCC) strives towards offering services that will meet the standards that are acceptable to both stakeholders and the National Consumer Commission (NCC).
Respect and politeness: Stakeholders can expect professional treatment at all times in dealing with the NCC.
Confidentiality: We will treat all information with high confidentiality in recognition of the need for anonymity by the parties and the sensitive nature of such information.
Efficiency: We commit to providing advisory opinions that are based on thorough research and sound consultation processes, and within the set time frames.
Fairness and Impartiality: We will strive to provide our service to all our stakeholders without any discrimination or bias, regardless of the role stakeholders play in a market. We will ensure that we remain objective and impartial at all time in dealing with our stakeholders.
Credibility: We promise to offer a service of high standard and quality, which stakeholders can rely on without any question or doubt. Should you have any doubts regarding the conclusion arrived at, you must indicate that to the staff member dealing with the matter within the given time so that we can review our service, given the doubts raised. if necessary.
Consistency: We will ensure consistency in our services at all times by taking into account policies adopted in the NCC, precedent set by the decisions made in the Tribunal and the Courts, approaches adopted by other international authorities and previous opinions issued.
We also rely on sound internal procedures in providing this service in an attempt to ensure that views are consistent both internally and externally.
Clarity: We will endeavor to provide clarity to you in what we do, how we do it, what is required from you and who to contact in the NCC for further assistance.
Accessibility: We will always be ready and available to assist all stakeholders who require our services, wherever, within the available resources and reasonable time. Our stakeholders are welcome to visit our offices, or contact us by telephone, fax, email or letter.
Responsiveness: We will continue to listen to your needs and to seek your views, and act on them in order to offer you the best services.
Timeliness: The Commission will deal with all requests timely in recognition of the flexibility and comfort required by the parties and the urgency of the request submitted to the NCC. This is also in recognition of repercussions that may be suffered by the parties due to delays. We therefore commit to ensuring that unnecessary delays are avoided.
Discipline and Motivation: We will ensure that our staff members are continuously trained to improve their effectiveness in identifying and dealing with your needs and problems. All requests will be dealt with in a professional manner and with courtesy.
We commit to listening to your needs and continually review and improve our service standards based on your needs and the available resources in responding to such needs.
Range of services offered In order to ensure that the NCC achieves its mandate regarding compliance.
A fee is charged for the provision of non binding Advisory opinions. No fees are charged for other voluntary compliance services offered.
Section 96 (b) (i) of the CPA enables the NCC to promote public awareness of consumer matters by providing guidance to the public by issuing explanatory notices outlining its procedures or its non-binding opinion on the interpretation of any provision of the act.
An Advisory opinion refers to an official response to an enquiry regarding the Act and Regulations administered by the NCC. The provision of an advisory opinion is based entirely on the facts provided by the parties requesting it, taking into account relevant case law both locally and internationally, the policies of the NCC and previous opinions issued. Should the NCC require any further information in respect of a request, such may be requested from the parties.
The NCC will only formulate an opinion on the basis of a disclosed set of facts. Should the facts change in any way, the opinion will vary accordingly. If additional or new facts are presented to the NCC in respect of the same matter after an advisory opinion has been issued, which may alter the opinion issued, such will be dealt with as a new request and the necessary procedure for requesting an advisory opinion will apply.
In the case of the NCC, an advisory opinion would thus be letters from the Commission stating its view about the application of the Act to certain facts presented by external parties. The Commission views the provision of advisory opinions as one of the effective ways of promoting voluntary compliance with Act by firms.
While advisory opinions seek to clarify the views of the NCC in respect of specific issues, they are not binding on the NCC or the parties that request such opinions.
However, they offer an indication of the position the NCC is likely to take in respect of specific transactions, agreements and practices, and if based on accurate facts, offer the necessary guidance and clarity to the parties requesting them.
The provision of advisory opinions assists the NCC in that it informs most of its decisions and policy-making processes. Thus, parties need not agree with the NCC view and the Consumer Tribunal ("the Tribunal") may provide a view that is different from the Commission's in its ruling on any matter.
The NCC treats all information relating to the request with high confidentiality, and if published by the NCC for external purposes, all the names of the parties and the commercially sensitive information will be omitted.
To ensure that such requests remain confidential the NCC will not contact any third party for further information or verification of any information relating to the request. Furthermore, no press statements or releases will be issued in this respect, unless the issue has been made public through the media by the parties or any other person, and the NCC is required to respond to issues raised in that regard.
The Act does not set any time frames for the provision of advisory opinions. However, based on the experience of providing this service in terms of the Unfair Business Practices Act and benchmark studies to the Competition Commission and others we have ascertained that the turnaround time depends on the complexity of the request.
There is sufficient precedent set, policy positions adopted by the Commission and previous opinions to formulate an opinion.
A complex opinion refers to a requests that deals with a practice, conduct or agreement and/or transaction where parties have provided the relevant information; but the request deals with a new issue where little or no precedent exists, the Commission has not adopted an interpretation and/or where a legal opinion may be required and/or where the time required to review the material submitted by the party will substantially exceed the turnaround time set.
If the Commission establishes that a request is complex, it will inform the parties requesting such an opinion of the classification within five (5) days electronically or by fax. This will not affect the maximum turnaround time established in respect of specific requests for opinions.
The calculation of days in respect of the maximum turnaround time refers to business days, which excludes public holidays, Saturday and Sunday.
The date of lodgment of a request for an advisory opinion will be the date on which the Commission receives the request in writing with all the relevant information.
I's=-e-rv----:-ic_e_p_r_o_v.:-ld~:-e-:d-:A-::--:-d-:vi-so_ry_ O~p-in-i-on----,-1-,-M..,-a-x-.,.im_u_m-turna round time-, Non-Complex I 10 business days.
These time frames will be reviewed from time to time taking into account views of stakeholders, the cost of providing the service and best practice internationally.
A fee of R3 000 is payable on request of an advisory opinion requested from a professional association or industry or businesses with an annual turnover or asset value exceeding the R2 million threshold as determined in the regulations.
The fee is not based on the area of the Act, classification or the complexity of the request and is thus charged in the same manner to all requests for advisory opinions.
It is not possible for the Commission to exempt any party from paying such fee, or to offer any discounts in this regard.
If an advisory opinion has been issued and new information is provided by the parties in the same matter and such information may alter the opinion issued, such will constitute a new request for an advisory opinion, and the advisory opinion fee will be payable accordingly.
Parties requesting an advisory opinion must pay the filing fee for such request on or prior to the date of filing such request with the Commission.
Where parties deposit the fee into the Commission's bank account or make an electronic transfer of such fee in favour of the Commission, a deposit slip or proof of electronic transfer must form part of the filing for a request for an advisory opinion.
Parties must ensure that the required fee is paid in time, as the Commission will not deal with a request that has not been paid for.
The Commission will not refund fees for advisory opinions except in the following instances: , Where a double payment has been made in respect of the same request; ,.. Where the Commission upon review of the matter.
Commission, but before a response is issued by the Commission; A refund on a fee in respect of an advisory opinion on the basis of the above situations will only be done on request by the parties or on proper motivation by the Divisional Manager of the Division.
Emailed to: ncc@thedti.gov.
';..-Upon receipt of the request for an advisory opinion, the NCC Registry will register it as a case on the Commission's Case Management System ("CMS"), and assign a case number to it immediately.
No requests will be registered and scanned as cases on the Commission's CMS before payment, or proof thereof is received by the Commission. , The Commission's Registry will issue a letter acknowledging receipt of the advisory opinion to the parties immediately Llpon receipt thereof.
The letter of acknowledgement of receipt w1ll state the name of the parties requesting an advisory opinion. their telephone and fax numbers.
Where an advisory opinion is hand delivered to the Commission's Registry, the letter acknowledging receipt thereof will be handed to the person delivering the request immediately upon receipt.
Where the request is faxed or emailed or posted to the Commission, such acknowledgement of receipt will be sent to the parties by fax or email or post where necessary within twenty-four (24) hours of receiving such request.
Parties must quote the case number assigned to a particular request in all follow-up correspondence as reference.
Case Allocation r After the request for an advisory opinion has been properly registered on the CMS, the case will be made available tn the Corr!p!ia11ce Division of the NCC immediately for allocation to the relevant staff member.
The NCC may, depending on the complexity of the matter, assign a team to work on the request.
The NCC will within five (5) days determine whether the case is complex or not. If it is decided that the request is complex, the staff member assigned to deal with the request will inform the parties concerned electronically or by fax.
The advisory opinion will be formulated using the standard format adopted by the NCC in issuing advisory opinions.
The NCC will consider relevant case law, both local and international, policies adopted by the Commission and previous opinions issued by the NCC in formulating the opinion.
The NCC will adhere to sound internal procedures adopted regarding internal consultation with relevant Divisions before the opinion is finally issued. All opinions wi11 be issued after review and approval of the Commissioner or Deputy Commissioner of the NCC.
The NCC may, depending on the nature of the request seek a legal opinion externally before an visory opinion is issued to the parties uesting it.
The NCC may at anytime during the formulation of the advisory opinion request the parties to provide further information or clarity on the matter either in writing or by requesting a meeting with the parties.
Parties may also at anytime during the formulation of the advisory opinion provide further information in writing, if necessary, or request a meeting to provide such information or clarity on the matter.
The NCC and the parties may communicate with one another telephonically or by e-mail during the process of formulating the advisory opinion. The NCC will register all correspondence in respect of the request on the CMS.
The NCC will insert notes on any telephone conversations, e-mails and/or meetings held in respect of the request on the CMS immediately for proper recording.
All advisory opinions issued will represent the view of the NCC on the facts given by the parties and will be approved by the Manager: Compliance, Educatiotl. and Awareness and will be ratified by the Deputy Commissioner or Commissioner.
An advisory opinion issued must be faxed ore-mailed to the applicant, and the original copy of the response must be sent by registered post to the parties requesting such opinion. The NCC will keep record of all outgoing advisory opinions for reference purposes. A copy of the NCC's response on the request will be registered on the CMS immediately.
If the NCC does not receive any follow-up correspondence on the matter within five (5) days after issuing such opinion. the matter will be considered closed.
Where the parties are in disagreement with the views contained in the opinion issued, they must within five (5) days indicate the reasons for their disagreement in writing to the NCC addressed to the Manager: Advocacy, Education and Awareness.
The NCC or the parties may request a meeting to obtain or provide further clarity, as the case may be. If, after the above process. the parties and the NCC are still in disagreement, parties or the NCC may approach the Tribunal to rule on the matter. Negotiations in this regard will always be conducted in good faith and in the spirit of compliance and openness.
Related services refer to those services provided by the NCC, which are directly or indirectly related to the provision of a particular advisory opinion.
The NCC or the parties may contact one another telephonically to get clarity in respect of any area of the request for an advisory opinion.
Staff members will conduct all telephone conversations in a professional and respectful manner and with politeness, patience and courtesy.
The NCC staff members will attempt to respond to all issues raised telephonically appropriately, where necessary, will ask the parties to provide information in writing in order to provide a proper and well informed response.
If the relevant staff member is not in the office at any given time, he/she will ensure that his or her voicemail is activated or that his or her calls are transferred to another staff member to assist stakeholders. r Where a message is left for a particular staff member to call a stakeholder back, he/she will ensure that the call is returned immediately after receiving such message. r The relevant staff member will record all telephone enquiries in respect of an advisory opinion on the CMS.
In respect of meetings with our stakeholders. we commit to the following:,.
The NCC staff members will ensure that they are always well prepared, on time, and properly dressed for a meeting (tie and jacket for males). ,. All meetings will be conducted in a flexible manner, in the spirit of compliance and with openness and objectivity prevailing at all times.
The relevant staff member will arrange and schedule the meeting after consultation with the parties concerned to determine availability and suitability of the date, time and venue of the meeting.
The relevant staff member will ensure that, all the persons who are required to attend such meeting from the NCC side, are invited and confirmed prior to the meeting and will inform the parties of the delegates if requested to do so by the parties.
The relevant staff member will ascertain the number and names of external persons who will attend the meeting prior the date of the meeting in order to make the necessary logistical arrangements for the meeting.
Where a meeting is requested by the parties, the relevant staff member will obtain the relevant information and issues to be discussed at the meeting, from the parties in time to prepare for the meeting. Parties must ensure that this information is forwarded timely to allow for proper preparation for the meeting.
Where a meeting is requested by the NCC, the relevant staff member will forward the issues for which the meeting is requested to the parties in time to allow them to prepare responses to such issues.
The Chairperson of the meeting may be decided at the meeting to ensure that all parties participate in how the meeting will be conducted. This wi.ll also minimize concerns of impartiality or bias on the part of the Chairperson, which may arise in meetings.
The content of all meetings will be recorded in a numbered Investigator's Book, assigned to the relevant staff member. Notes of such meeting will be recorded on CMS.
In respect of written clarifications to stakeholders, the following pertains: ,. A written clarification refer to correspondence by stakeholders requesting clarity on any area of the Act, and such request does not constitute a request for an advisory opinion or advance ruling on a particular matter. This is also not binding on the NCC or the part:es r The NCC will respond to all clarification requests withm five (5 business) days of receipt The turnaround time will be calculated in the same manner as for advisory opinions. ,. The response will be done in a general business letter format and must be on the officiar letterhead of the NCC and be sent to the parties by fax or electronically r The response in respect of the request for clarification will be registered and scanned on the CMS for record purposes.
Where parties have submitted a request for clarification and upon review of the matter, the Commission finds that it constitutes a request for an advisory opinion, parties will be informed accordingly and must thus follow the necessary process for advisory opinions.
A good corporate compliance programmes can help to identify the boundaries of permissible conducts, as well as identifies situations where it would be advisable to seek legal advice. A pre-emptive identification of areas of potential risk can save time and money, preserve goodwill and from the NCC perspective could be ideal mechanisms to promote compliance.
These programmes are internal to the various organizations. The NCC could assist firms in providing some generic guidelines for such programmes and providing advice on the establishment of such programmes. Furthermore the Compliance and Education Division may audit these programmes periodically to ensure that they meet the standards in the new Commission.
. Industry would request the NCC assistance in writing.
. NCC would acknowledge receipt within 24 hours of receipt.
The NCC would evaluate the request and notify the requesting party of the decision, conditions, criteria, etc. in writing within 10 working days.
. If the NCC will assist, standards in terms of meetings, workshops, etc. will apply.
The media release must adhere to the following standards: , Must be clear and concise.
r Have impact on the intended stakeholders (through requests advisory opinions, clarification and telephonic enquiries and number of articles published by media houses).
Approved by the Commissioner in writing.
Information Circulars refer to the efforts undertaken by the office to highlight the existence, application and compliance with the act and regulations administered by the office of consumer protection.
-Have impact on the intended stakeholders(through requests advisory opinions, clarification and telephonic enquiries) The circulars must be signed by the Manager.
Business education, especially in the first 12 months after establishment of the NCC is critical. This is primarily achieved through conferences, seminars, workshops and presentations to industry associations and business as well as other interactions such as information contacts; semi-formal visits by a compliance official to inform a business/ industry body representative about the Act and the regulations and visits by industry.
The same standard of professionalism will apply. The Director will be informed of all such contacts.
KARIN GOODE MANAGER: COMPLIANCE, EDUCATION AND AWARENESS TEL: 012 3941541 FAX: 012 3942541 E-MAIL: ccoode@thencc.co.
The Manager will ensure that all concerns are addressed timely and that necessary steps to remedy the situation are taken.
<fn>GOV-ZA.34428Bn122En.2012-02-10.en.txt</fn>
publish regulations in terms of Sections 33 and 49(mA) to provide the required qualifications for the authorised pharmacist prescriber.
The qualification and the proposed scope of practice are published herewith for public comment prior to the said requesVs to the Minister of Health.
In this notice ''the Act shall mean the Pharmacy Act 53 of 1974, as amended, and any expression to which a meaning has been assigned in the Act shall bear such meaning.
Interested persons are invited to submit, within 30 days of publication of this notice, substantiated comments or representations on the qualification and scope of practice to the Registrar, The South African Pharmacy Council, Private Bag X40040, Arcadia, 0007, or Fax 086 5063010 or email: debbie.hoffmann@sapc.za.org.(for the attention of the Senior Manager: Legal Services and Professional Conduct).
In striving to develop and utilise pharmaceutical services and the pharmacist's expertise optimally in South Africa (RSA), pharmacists who obtained the Primary Care Drug Therapy qualification were, under specific conditions, issued with permits in terms of Section 22A(15) of the Medicines and Related Substances Act 1 01 of 1965, as amended (the Medicines Act) to diagnose and treat patients with a specified list of Schedule 3 and Schedule 4 medicines.
The main goal of extending prescribing to pharmacists is to improve patient care without compromising patient safety, increase access to health care services, increase patient choice, make better use of the skills of health professionals and contribute to the introduction of a more flexible team working in primary health care settings.
The Medicines Act currently permits a pharmacist to dispense Schedule 1 and 2 medicines without a prescription.
Pharmacists are expected to apply the principles of pharmaceutical care in providing pharmacist initiated therapy. Pharmaceutical care is a patientcentred, outcomes orientated pharmacy practice that requires the pharmacist to work in conjunction with the patient and the patient's other healthcare providers to promote health, to prevent disease, and to assess, monitor, initiate and modify medication use to assure that medicine therapy is safe and effective.
The proposed scope of practice of an authorised pharmacist prescriber will enable them to practise and develop as prescribers and assist in meeting the health care needs of the country in line with the Primary Health Care EML and Standard Treatment Guidelines.
meeting the needs of patient groups who find it hard to access services, e.g.
managing co-morbities and complex medication regimens.
Are expected to practise in primary health care settings as approved by Council.
Will only be allowed to practise in a pharmacy which has been accredited to offer primary health care services in line with the Primary Health Care Essential Medicines List and Standard Treatment Guidelines (PHC EML/STGs).
May only diagnose conditions listed in the PHC EML/STGs.
May only prescribe medicines listed in the PHC EML/STGs.
Would as far as possible only prescribe medicines which would be dispensed by another pharmacist or pharmacy technician in order to allow separation of duties and avoid conflict of interest.
Are expected to practise in collaboration with other health care professionals and refer patients to other members of a health care team when necessary.
May practise in both the private and public sector.
Are responsible for their own safe and efficient practice and are bound by Good Pharmacy Practice standards, ethical rules and the code of conduct.
Must ensure that they behave with integrity and honesty, and do not engage in any behaviour or activity likely to bring the profession into disrepute and undermine public confidence in the profession.
Must act in the interest of patients and other members of the public and seek to provide the best possible healthcare for the community, in partnership with other health professionals.
Have a professional responsibility to keep themselves abreast of clinical and professional developments. They are expected to keep up to date with evidence and best practices in the management of conditions which they are authorised to treat.
Must at all times adhere to pharmaceutical care principles.
Are accountable for all aspects of their prescribing decisions and may only prescribe medicines they know are safe for the patient and effective for the condition being treated.
May not prescribed medicines which are required to be registered and are not registered.
May only prescribe medicines for a patient whom he or she has assessed personally.
Must not prescribe any medicine for their own use or for any person with whom they have close personal or emotional relationship unless under exceptional circumstances.
Must establish peer review, support and mentoring arrangements to enable him/her an opportunity for reflection on prescribing, as well as other aspects of practice.
Are required to keep accurate, legible, unambiguous and up to date records of a patient's care.
Must have appropriate professional indemnity.
Are expected to successfully complete a diploma offered by a provider registered with council accredited to provide the relevant qualification.
Are expected to at least have two years experience in a clinical environment (hospital/ community setting) post community service, prior to being registered as a learner for a diploma to qualify as an authorised pharmacist prescriber.
referral to another health care provider where necessary.
STAATSKOERANT, I JULIE 2011 No.
Field.
The Post Graduate Diploma: Pharmacy: Authorised Prescribing was developed to meet the requirements of the National Human Resources for Health Plan, with specific reference to the need to improve service delivery in the provision of prescribing services to the people of South Africa. In addition, the Primary Health Care Standard Treatment Guidelines and Essential Medicines List were developed inter alia to build capacity in all health care workers at the Primary Health Care level. It is expected that these changes will result in improved health outcomes by optimising drug therapy for patients in an enhanced health care system.
The qualification is aimed at extending the core clinical and pharmaceutical knowledge and skills acquired during qualification for the BPharm degree: Level 8 to include the diagnosis and treatment of common conditions in line with the Primary Health Care Standard Treatment Guidelines and Essential Medicines List.
The Post Graduate Diploma: Pharmacy: Authorised Prescribing, NQF Level 8, is designed to meet the needs of learners who have completed the BPharm. degree and who wish to further their competencies in this field while developing their careers in one or more practice area. While the sub-field at present is listed as Curative Health the qualification also includes Preventative Health, Promotive Health, and Development Services and Rehabilitative Health Services.
This qualification will enable pharmacists to practise and develop as prescribers and to meet the health care needs of the country in line with the Primary Health Care (PHC) Standard Treatment Guidelines (STG) and Essential Medicines List (EML).
Pharmacist prescribers are amongst other things expected to assist in filling geographical or skills gaps in services, meeting the needs of patient groups who find it hard to access services, managing long-term conditions and managing comorbidities and complex medication regimens.
Demonstrate clinical and pharmaceutical knowledge to diagnose and treat conditions commonly encountered in primary health care settings.
Ensure quality prescribing practice.
Perform clinical assessment to make a diagnosis.
Formulate a treatment management plan.
Implement treatment plan and monitor therapeutic outcome.
Evaluate the patient assessment and management processes of selected cases to ensure quality prescribing practice.
Fundamental component: 45 credits are compulsory (Exit level outcome 1 & 2).
Core component: 60 credits are compulsory (Exit level outcomes 3, 4 & 5).
Elective component: a minimum of 15 credits are required (Exit level outcome 6).
Learners who wish to enter into study towards achieving this qualification must be in possession of a Bachelor of Pharmacy, Level 8 or recognised equivalent.
The learner entering into this programme must be in possession of the Bachelor of Pharmacy degree or equivalent with at least two years experience in dealing with patients as a pharmacist in a clinical environment excluding community service.
1.1 The pathophysiology of conditions, as listed in the Primary Health Care (PHC) Standard Treatment Guidelines (STG) and Essential Medicines List (EML), is described to inform clinical diagnosis and treatment.
1.2 The signs and symptoms of common conditions are identified and described in relation to the pathophysiology.
1.3 Knowledge of the primary health care system is explained in relation to the National Health Strategic Plan.
1.4 Accountability and responsibility in relation to diagnosis and treatment is explained in terms of legal and professional requirements, and ethical considerations.
Exft level outcome 2 Ensure quality prescribing practice.
2.1 Principles embedded in the Patients Rights Charter are applied in interactions with patients.
2.2 Communication with patients/caregivers is conducted in a professional manner in terms of sensitivity to patients' needs and diversity.
2.3 Collaboration and/or consultation with other health care professionals is initiated and maintained in the patient's best interest.
2.4 Current evidenced-based sources of information and professional advice are identified and utilised in order to improve patient care.
2.5 Local resources are identified and utilised for patient referral and support.
2.6 Relevant records are generated and maintained in accordance with legal requirements and organisational policies and procedures.
Exit level outcome 3 Perform clinical assessment to make a diagnosis.
3.1 Informed consent is explained and obtained in accordance with best practice and relevant legislation.
3.2 Patient history is taken to inform clinical decisions.
3.3 Signs, symptoms and disease risk factors are interpreted to inform clinical decisions.
3.4 Appropriate diagnostic interventions are employed with attention to safety, cost, invasiveness, simplicity and acceptability.
3.5 Physical examination, which is problem focused and age specific, is performed to inform clinical decisions.
(Range aspects of physical examination to be excluded: internal and external genitourinary examination.
3.6 Sources of information and advice are identified and assessed for use in patient care.
3.7 History, presenting symptoms and diagnostic information are analysed and interpreted to develop the appropriate differential diagnoses.
3.8 Acute and long-term conditions are diagnosed by taking cognisance of the patient's response to the illness.
4.1 Appropriate therapeutic interventions and regimens are identified and selected within the scope of the Primary Health Care Standard Treatment Guidelines and Essential Medicines List.
4.2 Non-pharmacological interventions are identified and selected according to the condition and the patient's health status.
4.3 Medicines are prescribed safely, appropriately and cost effectively within the primary health care standard treatment guidelines and Essential Medicines List.
4.4 Criteria for referral are applied appropriately and in accordance with PHC STGs.
An integrated actiull pie:m is iormuictiec..i Lu i::tChieve the desired therapeutic outcomes within a determined timeframe.
The management plan is discussed and agreement reached with the patient.
5.2 Results of interventions are evaluated using accepted outcome criteria.
5.3 Patient response to therapeutic intervention(s) is monitored according to the management plan.
5.4 The diagnosis and management plan is reviewed and revised, as needed, based on the patient's response.
Exit level outcome 6 Evaluate the patient assessment and management processes of selected cases to ensure quality prescribing practice.
6.1 A portfolio of the required number of cases is compiled in order to provide evidence of prescribing competence.
(Range of evidence for the portfolio must include, but is not limited to: case records, treatment plans, verification by a Designated Authorised Prescriber (DAP).
(Range of cases includes, but is not limited to the following conditions: Hypertension in adults, Diabetes, Respiratory Conditions, Asthma, HIV/AIDS, Skin conditions, Contraception, Urinary Tract Infection, Sexually Transmitted Infections, Immunisation, Tuberculosis.
6.2 Critical reflection on management of four cases is demonstrated to provide evidence of application of knowledge in practice.
6.3 Any four conditions as listed in the PHC EMLJSTGs are selected and critically evaluated for the improvement of case management in terms of evidence based medicine, rational medicine use and pharmaco-economic factors.
Identify, analyse and solve problems related to the provision of pharmaceutical services legally, responsibly and ethically.
Work effectively with others as a member of a team of health care professionals in applying pharmaceutical principles.
' ·Organise and manage oneself and one's activities responsibly and effectively in participating in and contributing to the education and training institution and broader community.
Collect, analyse, organise and critically evaluate information on a chosen topic to ensure effective clinical assessment, diagnosis and management of patients.
Communicate effectively using visual, mathematical and/or language skills in the modes of oral, written and/or practical presentation in a sustained discourse.
Use science and technology in pharmacy prescribing effectively and critically, showing responsibility towards the environment and health of others by promoting ethical conduct in all contexts.
Demonstrate an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation.
reflecting on and exploring a variety of strategies to learn more effectively.
participating as responsible citizens in the life of local, national and global communities.
being culturally and aesthetically sensitive across a range of social contexts.
exploring education and career opportunities by drawing on various knowledge, skills and attitudes acquired in the attainment of this qualification.
developing entrepreneurial opportunities by drawing on the knowledge, skills and attitudes acquired in the attainment of this qualification.
The International Pharmaceutical Federation (FIP) represents two million pharmacists around the world through Member Organisations and Individual Members. FIP sets global pharmacy standards through professional and scientific guidelines, policy statements and declarations, as well as through its collaboration with other international organizations, including the World Health Organization (WHO) and other United Nations (UN) agencies. The South African Pharmacy Council ensures that approved pharmacy schools and providers embed these standards and guidelines in their learning programmes.
The South African Post Graduate Diploma: Pharmacy: Authorised Prescriber has been designed and generated with these standards and guidelines in mind.
In April 2006, the Department of Health in the United Kingdom added independent prescribing rights to the on1cia1 scope of practice of pharmacists.
the training programme, for both pharmacists and nurses, includes an assessment of theory and practice which must be passed before the practitioner is annotated on the register.
In Canada, pharmacists in some jurisdictions have had the ability to independently prescribe emergency contraception (now a Schedule II product), but not other prescription medications, since early 2000. The Canadian Pharmacists Association indicates that pharmacists who have completed orientation to new practice standards can adapt existing prescriptions and prescribe in emergency situations, when immediate treatment is required, but another prescriber is not accessible. Pharmacists who have been evaluated and granted additional prescribing privileges may initiate, modify, and extend (manage) medicine therapy for acute and chronic conditions when working interdependently or collaboratively with other health professionals.
Integrated assessment at the level of the qualification provides an opportunity for learners to show that they are able to integrate concepts, ideas and actions across exit level outcomes to achieve competence that is grounded and coherent in relation to the purpose of the qualification. Integrated assessment should show how already demonstrated competence in individual areas can be linked and applied for the achievement of a holistic outcome as described in the exit level outcomes. Both formative and summative forms of assessment should be applied appropriately throughout the assessment process.
Integrated assessment must judge the quality of the observable performance, and also the quality of the thinking that lies behind it. Assessment tools must encourage learners to give an account of the thinking and decision-making that underpins their demonstrated performance. Some assessment practices will demand practical evidence while others may be more theoretical, depending on the type of outcomes to be assessed. The ratio between action and interpretation is not fixed, but varies according to the demands of the particular exit level outcome of the qualification.
11 theoretical assessment tools may be used, with the distinction between practical knowledge and disciplinary knowledge maintained so that each takes its rightful place.
This qualification may be achieved in whole or in part through the process of recognition of prior learning at the request of the learner and the discretion of the education and training institution.
Example of vertical articulation with this qualification: Masters in Clinical Pharmacy, level 9.
Any institution offering learning that will enable achievement of this qualification must be accredited by the relevant ETQA.
External moderation of assessment will take place.
The accredited training provider will oversee internal and external moderation of assessment.
Moderation shot"rl enl"t:~mlI'!. Ss :::.,hio"'21T'ent of competence described in exit level outcomes, critical cross-field outcomes and the integrated competence described in the qualification.
Assessors must be registered as assessors with a relevant ETQA or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
Assessors must be in possession of a similar or higher qualification in a relevant field of study.
All learners must be registered as learners with the South African Pharmacy Council for the duration of the period of learning as specified in current relevant legislation and in agreement with the relevant QC.
The range of elective learning areas offered will be dependent on the approval of the provider and ETQA.
Credit values reflected for each exit level outcome in the table below should be regarded only as a guideline.
The respective Assessment Criteria aim to test the a, chievement of the specific learning outcomes. As many of these criteria are practice-based, providers are required to include periods in their curricula for this purpose.
Practice must take place under the supervision of a medical practitioner or an Authorised Pharmacist Prescriber.
Learning Area Fundamental 1. Exit Level Outcome Demonstrate clinical.and pharmaceutic;;~!k.qowledge to di(:!gnose.. ancitreat.co.nciiti()ns commonly f)l'lco!Jnt~red !n primary health.
Core Elective 5. I .6. Implement treatment plan and monitor therapeutic outcome. Evalu.ate the patiE)nt. assessment .~pd (11~~7m~~t processes of selected cases to ensure quality prescribi~gractice.
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publish amendments to the Regulations relating to pharmacy education and training published in terms of Sections 33 and 34 of the Pharmacy Act to provide the required qualifications for the pharmacist's assistant, pharmacy technical assistant and pharmacy technician.
Furthermore the Council intends to amend the Good Pharmacy Practice Rules published in terms of Section 35A(b) (Ji) to include rules for the supervision of such pharmacy support personnel.
The qualifications, proposed scopes of practice and principles relating to the supervision of these cadres are published herewith for public comment prior to the said request/s to the Minister of Health. Please note that the pharmacist's assistant qualification is excluded for publication later.
In this notice "the Act" shall mean the Pharmacy Act 53 of 1974, as amended, and any expression to which a meaning has been assigned in the Act shall bear such meaning.
Interested persons are invited to submit, within 30 days of publication of this notice, substantiated comments on or representations to the Registrar, The South African Pharmacy Council, Private Bag X40040, Arcadia, 0007, or Fax 086 5063010 or email: debbie.hoffmann@saoc.za.org.(for the attention of the Senior Manager: Legal Services and Professional Conduct).
A need has been identified to revise the scope of practice of the current categories of pharmacy support personnel. It is proposed that there are three categories viz. pharmacist's assistants, pharmacy technical assistants and pharmacy technicians. After consultation with the various sectors in pharmacy and the National Human Resources Task Team, the proposed scope of practice has been revised. The principles listed below were taken into consideration in the revision of the scope.
A pharmacy as defined in the Pharmacy Act 53 of 1974 must be conducted under the continuous personal supervision of a pharmacist who is physically present in a pharmacy (Refer relevant sections of the Pharmacy Act 53 of 197 4 as amended).
Pharmacy technicians, pharmacy technical assistants and pharmacist's assistants must not be able to work in a pharmacy in which a pharmacist is not physically present.
The scope of practice of pharmacy technicians and pharmacy technical assistants should enable these cadres of health care workers to be more useful than the current categories of pharmacy support personnel in both the public and the private sector.
International trends should be taken into account in the development of the scope of practice of new categories of pharmacy support personnel.
The standards applicable in the public and private sector should be the same.
Provision must be made for continuing professional development for pharmacy support personnel.
It must be clearly stated that pharmacy technicians, pharmacy technical assistants and pharmacist's assistants are bound by the ethical rules, the code of conduct, the marketing code and all relevant legislation.
There is a need to change the Medicines and Related Substances Act 1 01 of 1965 in order to authorise pharmacy technicians and pharmacy technical assistants to handle medicine in terms of this Act.
The scope should be such that the pharmacist is freed from product orientated tasks to perform more patient orientated tasks. Particularly in the public sector the pharmacist should be freed to play a greater role in management, supervision, oversight and monitoring and evaluation of the supply of medicine. This is particularly important in the light of the large number of patients on ARVs and the increasing involvement of lay counsellors and community health workers assisting in patient care at the level of the community.
There is a need to prevent pharmacy support personnel from working beyond their scope of practice.
There is a need for pharmacy technicians to work under the direct supervision of a pharmacist (pharmacist is physically present) in pharmacies as well as under the indirect supervision of a pharmacist in a primary health care clinic.
The details of 'how' pharmacy technicians will practise under supervision of pharmacist will be included in the Good Pharmacy Practice rules published by Council in terms of Section 35A of the Pharmacy Act 53 of 1974. Areas which should be addressed would include the role of the pharmacy technician in generic substitution, the receipt of telephonic prescriptions, the capturing of prescriptions on electronic dispensing systems and the checking of calculations by a pharmacist.
The scope of practice of the pharmacy technician under superv1s1on of a pharmacist who is physically present in a pharmacy as opposed to one working under supervisory support of a pharmacist who is not physically present in primary health care clinic dispensary can differ.
Provision should be made for down referrals to primary health care clinics and where the prescription is prepared at a pharmacy and sent down to a primary health care clinic or other site (e.g. a community pharmacy) for dispensing by a pharmacy technician and collection by the patient.
Different criteria could be used to demarcate the scope of practice of the pharmacy technician. Mechanisms that could be used include the type of medicine that can be dispensed, the disease being treated, the level of care being provided at the facility. Another option would be to base the limitation on an authorisation provided by the responsible pharmacist as is the case with Section 56 authorisations provided to nurses in terms of the Nursing Act 33 of 2005. A combination of the above options could be considered. The mechanism chosen must be easy to implement in the practice setting and easy to monitor from a compliance point of view.
A combination of the principles included in (g) above be used to delineate the scope of practice.
The pharmacist would be able to decide which patients require counselling by a pharmacist e.g.
In the case of prescriptions containing Schedule 5 and 6 medicines the pharmacist must be involved in the dispensing process.
Under indirect supervision, consideration could be given to checking of prescriptions prepared by a pharmacy technician by another technician.
Pharmacy technicians should be able to work under supervision of a pharmacist who is not physically present in a primary health care clinic dispensary. When working under supervision of a pharmacist who is not physically present in a primary health care clinic dispensary the pharmacy technician should be able to dispense prescriptions which contain medicines appearing in the Primary Health Care Essential Medicines List and which are prescribed in accordance with the Standard Treatment Guidelines. In the case of patients with co-morbidities consultation (could be telephonic) with a pharmacist should take place when the prescription is dispensed.
All cadres of pharmacy support personnel must be accommodated in the Occupation Specific Dispensation (OSD).
The responsible pharmacist takes overall responsibility for the pharmacy in which he/she is registered as the responsible pharmacist. This includes all functions performed in the pharmacy. (Refer Pharmacy Act 53 of 1974, Medicines and Related Substances Act 101 of 1965, Good Pharmacy Practice rules and GMP and GWDP guidelines). In a manufacturing pharmacy the responsible pharmacist must ensure that management runs the factory in accordance with Good Manufacturing Practice.
The scope of the pharmacy technician should be such that the pharmacist is freed from non-critical stages in the manufacturing process and is free to focus on critical stages in the process. Key tasks which the pharmacy technician can perform must be defined.
Functions in a manufacturing pharmacy and a wholesale pharmacy must be conducted in accordance with Good Manufacturing Practices (GMP), or Good Wholesaling and Distribution Practices (GWDP), determined by the Medicines Control Council, and the Pharmaceutical Inspection Convention (PIC) guidelines, as applicable. The functions performed by pharmacy support personnel must be in line with the requirements of these guidelines refer in particular Section 16.2 of GMP guidelines. The pharmacy support personnel must have the necessary competence.
Pharmacy support personnel may perform certain procedures independently in accordance with the scope of practice and standard operating procedures approved by the responsible pharmacist of the pharmacy.
The role of pharmacy support personnel will be process orientated. A pharmacist must always be available to perform all critical functions in the manufacturing and wholesale pharmacy.
A pharmacist is responsible for checking the authenticity of all suppliers and persons/entities to whom medicines and scheduled substances are sold/supplied or from whom they are procured.
A pharmacy technician should be able to supervise the activities of pharmacy technical assistants. Such supervision would be determined at an organisational level and not be a legal requirement.
This category of pharmacy support personnel would be able to practise in any sector of pharmacy i.e. manufacturing, wholesale, community or institutional pharmacy in either the public or the private sector. The main functions of this category of support personnel would be to assist with functions relating to medicine supply management. This category of support personnel may only work under the personal supervision of a pharmacist who is physically present in a pharmacy. All functions must be performed in accordance with the relevant legislation and standard operating procedures approved by the responsible pharmacist of the pharmacy (refer GPP).
This category of pharmacy support personnel will have no direct role in the interaction with other health care professionals or patients.
The scope of practice must be read together with services which may be provided in the various categories of pharmacies as contained in the Regulations relating to the practice of pharmacy (GNR 1158 of 20 November 2000).
assist with general housekeeping and administrative tasks in the pharmacy as specified by the responsible pharmacist.
This category of pharmacy support personnel would be able to practise in any sector of pharmacy i.e. manufacturing, wholesale, community or institutional pharmacy in either the public or the private sector. In the wholesale, community and institutional sectors the main functions of this category of support personnel would be to assist with functions relating to the medicine supply management cycle. In community and institutional pharmacies pharmacy technical assistants would also be able to assist with Phase 2 of the dispensing process. In manufacturing pharmacies this category of person would be involved in assisting in the manufacturing of non-sterile medicines as well as general housekeeping functions.
This category of support personnel may only work under the personal supervision of a pharmacist who is physically present in a pharmacy. All functions must be performed in accordance with the relevant legislation and standard operating procedures approved by the responsible pharmacist of the pharmacy (refer GPP).
This category of pharmacy support personnel will have no direct role in the interaction with other health care professionals.
The scope of practice must be read together with services which may be provided in the various categories of pharmacies as contained in the Regulations relating to the practice ofpharmacy (GNR 1158 of20 November 2000).
This category of pharmacy support personnel would be able to practise in any sector of pharmacy i.e. manufacturing, wholesale, community or institutional pharmacy in either the public or the private sector. Pharmacy technicians would be able to work under supervision of a pharmacist who is physically present in a pharmacy and under the supervision of a pharmacist who is not physically present in the dispensary of a primary health care clinic. All functions would have to be performed in accordance with standard operating procedures approved by the responsible pharmacist or supervising pharmacist. In community and institutional pharmacies, this category of pharmacy support personnel will have direct role with patients and health care professionals.
Functions will include general housekeeping and administrative functions, stock control, manufacturing and compounding of sterile and non-sterile medicines as well as providing assistance with the dispensing of prescriptions. In community and institutional pharmacies, in the case of prescriptions containing only medicines which fall in Schedules 1 and 2 the technician would be able to function semi-autonomously as each prescription would not have to be checked by a pharmacist after dispensing. Oversight by a pharmacist would be required for prescriptions containing medicines which appear in Schedules 3 and higher. The technician would be able to provide instructions to the patient on the use of the medicine on the prescription. The pharmacist would, however, decide when the involvement of a pharmacist is needed.
In manufacturing and wholesale pharmacies, pharmacy technicians will be able to perform certain defined functions without the direct oversight of a pharmacist. Such functions will be performed in accordance with the Batch Manufacturing Documents and standard operating procedures approved by the responsible pharmacist.
The scope of practice must be read together with services which may be provided in the various categories of pharmacies as contained in the Regulations relating to the practice ofpharmacy (GNR 1158 of 20 November 2000).
management of the dispensary, where the dispensary is designated as a dispensary in terms Rule 1.6.
{f general housekeeping and administrative tasks in the dispensary as specified by the supervising pharmacist.
Pharmacy support personnel form part of the integral system in the delivery of pharmaceutical services. The functions performed by a pharmacist can be categorised as either product orientated or patient orientated. In efforts to improve service delivery and develop the concept of comprehensive pharmaceutical care, it is essential that the pharmacist as far as possible devolves responsibility and functions related to product supply to pharmacy technicians, pharmacy technical assistants and pharmacist's assistants thus allowing pharmacists more time for patient orientated activities. It is the responsibility of the pharmacist to supervise pharmacy support personnel with regard to the control, purchase, sale, manufacturing, prepackaging, dispensing and supply of all medicines.
The purpose of these rules is to give guidance to pharmacists and pharmacy support personnel on how to manage the supervision. The standard will further expand on the independent role of a pharmacy technician based at a primary health care clinic.
Pharmacy support personnel may practise in any sector of pharmacy i.e. manufacturing, wholesale, community or institutional pharmacy in either the public or the private sector provided that they are competent to practise and are appropriately registered with Council to practise in that sector.
All pharmacy support personnel are responsible for their own safe and efficient practice and are bound by the applicable legislation, the ethical rules, the code of conduct as well as guidelines published in terms of the legislation.
Clear and detailed job descriptions must be in place describing the role and responsibilities of all pharmacy support personnel.
A pharmacy as defined in the Pharmacy Act 53 of 1974 must be conducted under the continuous personal supervision of a pharmacist. A pharmacist must thus be physically present in the pharmacy.
A pharmacy technician, pharmacy technical assistant or pharmacist's assistant may only work in a pharmacy under the supervision of a pharmacist{s who is physically present in the pharmacy.
A pharmacy technician may work independently in a dispensary in a primary health care clinic. Supervisory support must be provided by a pharmacist who is not necessarily physically present at all times in the primary health care clinic.
When working in a primary health care clinic with supervisory support of a pharmacist, the pharmacy technician may dispense prescriptions which contain medicines appearing in the Primary Health Care Essential Medicines List and which are prescribed in accordance with the Standard Treatment Guidelines. In addition he/she may dispense prescriptions which are in accordance with such other protocols which may be approved by the Pharmacy and Therapeutics Committee of the province, municipal or other competent authority under which the primary health care clinic falls provided that such protocols are publicly available.
A pharmacy technician may have direct interaction with patients and health care professionals.
In a community pharmacy or an institutional pharmacy in a private health facility a pharmacy technician may explain the benefits of generic substitution to a patient as required in terms of Section 22F of the Medicines and Related Substances Act 101 of 1965. A pharmacist must, however, be involved in the final substitution decision as to which brand of medicine should be dispensed for the patient in cases where such a choice must be made.
A pharmacy technician may not dispense prescriptions containing Schedule 5 and 6 medicines except in the case of a pharmacy technician working under the supervisory support of a pharmacist in a primary health care clinic. The pharmacy technician may, however, issue Schedule 5 medicines on prescriptions which have been prepared and are in a patient ready pack e.g. in the case of down-referrals. He/she may also perform Phase 2 of the dispensing process for prescriptions containing Schedule 5 medicines.
A pharmacy technician may not receive verbai instructions e.g. a telephonic order from an authorised prescriber for a new prescription for a patient.
All calculations relating to the patient's dosage or the volume of liquids to be supplied must be validated by a pharmacist before dispensing takes place.
A pharmacist may only provide supervisory support to a pharmacy technician working in the dispensary in a primary health care clinic which falls under the jurisdiction of the same competent authority e.~. district or metropolitan council by whom he/she is employed. In cases where a pharmacist has been seconded from one authority to another he/she may support pharmacy technicians working in primary health care clinics falling under the jurisdiction of the authority to whom he/she has been seconded.
The pharmacist involved in the superv1s1on of pharmacy support personnel in a manufacturing or wholesale pharmacy must ensure that he/she is at all times readily available to directly supervise the activities taking place in a pharmacy. The pharmacist must randomly check all activities taking place in a pharmacy.
A manufacturing or a wholesale pharmacy must be conducted under the supervision of a pharmacist who is physically present in the pharmacy.
The pharmacist must be involved at all critical stages in the manufacturing, packaging and distribution process. Pharmacist involvement is needed but is not limited to the control of scheduled substances, the conducting of independent dispensing checks, the conducting of mix checks, line clearance and product release onto the market. Pharmacists must also be responsible for dealing with product complaints and product recalls.
Pharmacy support personnel may be involved in the performance of 'non critical' functions so that pharmacists can focus on the 'critical' functions required to produce products as per Good Manufacturing Practice (GMP) guidelines.
These 'non -critical' functions must be identified and formally agreed upon by the responsible pharmacist of the manufacturing or wholesale pharmacy and the pharmacists responsible for each area of the pharmacy and then suitably documented and measured.
The National Human Resources for Health Planning Framework 2006 identified the need for mid-level workers in all professional areas in order to meet the ever increasing needs of the country for healthcare services. In particular, an absolute need for increased production of pharmacy mid-level workers was identified as being a priority area for implementation. This qualification, Higher Certificate: Pharmacy: Support, has been developed to enable the achievement of this objective.
The Higher Certificate: Pharmacy: Support, NQF Level 5, is designed to meet the needs of learners who art: t::ii.itt:l ~urrer.tly iltvolvt1d in the pharmaceutical field, particularly those who have qualified as pharmacist's assistants (post-basic), or those who wish to enter this profession. The Higher Certificate will allow access to the pharmaceutical environment, and may also open up opportunities for adult learners who wish to develop their careers in one or more of the related categories. While the sub-field at present is listed as Curative Health the qualification also includes Preventative Health, Promotive Health and Development Services and Rehabilitative Health Services.
This qualification reflects the core needs of the pharmaceutical environment. It aims to address these needs by capacitating learners with the scientific knowledge and interpersonal skills required in the workplace.
Qualifying learners, who meet all necessary requirements, will be able to register as a Pharmacy Technical Assistant (PTA) with the South African Pharmacy Council. The Higher Certificate will also allow access to studies leading to the Advanced Certificate: Pharmacy: Technical Support.
The Pharmacy Technical Assistant will be able to practise in any sector of pharmacy, i.e. manufacturing, wholesale, community or institutional pharmacy, in either the public or the private sector. In the wholesale, community and institutional sectors the main functions of this category of support personnel will be to assist with functions relating to the medicine supply management cycle. In community and institutional pharmacy, pharmacy technical assistants will also be able to assist with the selection and preparation of products for dispensing by the pharmacist. In manufacturing pharmacies, this category of person will be involved in assisting in the manufacturing of non-sterile medicines and stock management, as well as general housekeeping functions.
This category of support personnel may only work under the direct personal supervision of a pharmacist in a pharmacy. All functions must be performed in accordance with the relevant legislation and standard operating procedures approved by the responsible pharmacist of the pharmacy.
This category of pharmacy support personnel will have no direct role in the interactions with patients and other health care professionals.
Apply scientific knowledge in the provision of basic pharmaceutical support services.
Provide functional support to compound, manipulate and prepare medicines (non-sterile) for specific patients in compliance with Standard Operating Procedures (SOPs) under the supervision of a Pharmacist.
Provide functional support in the manufacture, package and/or re-package of non-sterile Scheduled substances/medicines in compliance with Good Manufacturing Practice (GMP) guidelines under the supervision of a pharmacist.
..tile supervision of a pllarmacist.....
Provide functional support in Phase 2 of dispensing under the supervision of a pharmacist.
Perform general housekeeping and administrative tasks in a pharmacy and/or dispensary.
Demonstrate the use of Information and Communication Technology {ICT) in the management of inventory in a manufacturing or wholesale or community or institutional pharmacy/dispensary (either the public or the private sector).
Fundamental Component: 20 Credits are compulsory (Exit level outcome 1).
Elective component: a minimum of 10 Credits are required (Select Exit level outcome 7 or 8).
Learners who wish to enter into study towards achieving this qualification must be in possession of a Grade 12 qualification or FETC or National Senior Certificate or recognised equivalent.
Mathematics Literacy at NQF level 4 or recognised equivalent.
Life Science at NQF level 4 or recognised equivalent.
It is strongly recommended that all learners accessing this qualification are able to read, write and communicate in English as most learning material is available only in the English medium. Furthermore, Computer literacy, level 3 or equivalent is recommended.
(Range of basic pharmaceutical support services Include, but is not limited to: weighing of active ingredients, mixing, packing, labelling etc. and excluding any functions related to interpretation, evaluation, validation and Quality Assurance.
(Range of current legislation includes, but is not limited to: Medicines Act, Pharmacy Act and related regulations and rules etc.).
1.2 Ethical and professional conduct related to the relevant scope of practice is demonstrated in the provision of pharmaceutical support services.
(Range of aspects related to professional conduct includes, but is not limited to: values, practices, attitudes and confidentiality etc.).
1.3 Basic pharmaceutical terms and concepts are explained in relation to different dosage forms and their route of administration.
1.4 Basic scientific principles are explained as applied to non-sterile pharmaceutical preparations.
1.5 Basic principles of pharmacology are explained in terms of the treatment of conditions identified in the Primary Health Care Standard Treatment Guidelines (STG) and Essential Medicines List (EML).
2.1 The different dosage forms and their route of administration are explained in terms of extemporaneous preparation.
2.2 The principles of GPP are explained in relation to compounding, manipulating and preparing of non-sterile medicines.
2.3 Non-sterile medicines are compounded in accordance with SOPs, ethical principles and relevant legislation.
2.4 Non-sterile medicines are manipulated in accordance with SOPs, ethical principles and relevant legislation.
2.5 Non-sterile medicines are prepared and packed in accordance with SOPs authorised by a pharmacist.
2.6 Records are compiled and filed for medicines prepared for specific patients in accordance with legal requirements and organisational policies and procedures.
Provide functional support in the manufacturing, packaging and/or repackaging of non-sterile and scheduled substances/medicines in compliance with Good Manufacturing Practice (GMP) guidelines under the supervision of a pharmacist.
3.1 The principles of GMP are explained in relation to the manufacturing, packaging and re-packaging of non-sterile medicines and scheduled substances.
3.2 Non-sterile medicines and scheduled substances are manufactured and packaged in accordance with GMP, SOPs, ethical principles and relevant legislation.
3.3 Non-sterile medicines and scheduled substances are re-packaged in accordance with GMP, ethical principles, relevant legislation and SOPs authorised by a pharmacist.
3.4 Line opening and closing is performed, after line clearance, according to GMP.
3.5 Relevant documentation for manufactured, packaged and re-packaged medicines and scheduled substances is completed in accordance with legal requirements and organisational policies and procedures.
Provide functional support In the management of medicine stock, scheduled substances, medical supplies and devices In compliance with Good Wholesale and Distribution Practice (GWDP) and legal requirements under the supervision of a pharmacist.
4.1 The principles of GWDP are explained in relation to the management of stock.
(Range of principles include, but is not limited to: FIFO and FEFO, storage and shrinkage, where shrinkage refers to loss, theft, damage, expired and obsolete medicines).
4.2 Orders for medicines are assembled according to GWDP and SOPs.
(Range of activities for order assembly include: picking, packing and checking).
4.3 Orders for medicines are dispatched according to GWDP and SOPs.
4.4 Procedures for stock count (cyclic, monthly, quarterly and annually), stock rotation, storage and shrinkage are explained according to GWDP.
4.5 Expired, obsolete and damaged medicines, scheduled substances, medical supplies and devices are identified and disposed of according to GWDP, SOPs, current relevant legislation and guidelines.
4.6 All relevant documents and records for management of stock are filed in accordance with relevant legislation, guidelines and SOPs.
5.1 All phases of the dispensing process are explained in accordance with legal requirements, including GPP.
5.2 Phase 2 of the dispensing process is demonstrated in accordance with legal requirements, including GPP.
5.3 Medicines are packed in an appropriate container and labelled in accordance with legal requirements, including GPP.
5.4 Mechanisms to avoid and identify errors are explained in relation to Phase 2 of the dispensing process.
5.5 Records of selecting, preparing and labelling of prescribed medicines are completed according to SOPs.
Perform general housekeeping and administrative tasks In a pharmacy and/or dispensary.
6.1 Administrative tasks are performed according to SOPs.
6.2 General housekeeping procedures are applied and documented according to SOP and in compliance with all relevant guidelines.
6.3 Application of the principles of time management is explained in relation to the scope of work.
6.4 Effective lines of communication are established and maintained to facilitate team work in the workplace.
The learner must select ONE of the following two electives Exit level outcome 7 Provide information to promote health and wellness.
7.1 The concepts of health and wellness are explained in terms of disease and disability.
7.2 Socio-economic factors that contribute to health and wellness dysfunction are identified with examples.
7.3 Preventative measures and lifestyle modification options are explained in relation to the identified condition.
Demonstrate the use of Information and Communication Technology {ICT in the management of inventory in a manufacturing or wholesale or community or institutional pharmacy/dispensary {either the public or the private sector.
8.1 Relevant computer peripherals are installed, configured and operated in accordance with manufacturer's specifications and instructions.
8.2 Relevant computer software applications are installed, configured and operated in accordance with manufacturer's specifications and instructions.
8.3 Relevant inventory reports are produced in the required format according to the software functions and applications.
8.4 Inventory projections and quantification is generated in the required format according to the software functions and applications.
8.5 Orders are generated in the required format using the relevant report application.
8.6 Inventory expenditure is tracked and produced using the relevant software application.
Organise and manage oneself and one's activities responsibly and effectively in participating in and contributing to the education and training institution and broader community.
Collect, analyse, organise and assess information in a chosen topic to develop a pharmaceutical product or enhance pharmaceutical services for patients.
Communicate effectively using visual, mathematical and/or language skills in the modes of oral, written and/or practical presentation in a sustained discourse and in a manner that demonstrates professionalism and sensitivity towards diversity.
Use science and technology in pharmacy effectively and critically, showing responsibility towards the environment and health of others by promoting ethical conduct in all contexts.
respecting confidentiality and ethics related to all tasks and responsibilities.
The South African Higher Certificate Pharmacy Support and Advanced Certificate Pharmacy Technical Support have been designed and generated with these standards and guidelines in mind.
STAATSKOERANT, 1 JULIE 2011 No.34428 37 achieve the Pharmacy Technician designation. The two qualifications are equivalent to two full years of study.
While the overall structure of the qualifications on offer varies across countries investigated (New Zealand and United Kingdom offer unit standards based programmes and USA and Singapore use modules of learning), the purpose of the qualifications remain exactly the same. Another common feature is the stipulation that registration as a pharmacy technician with the respective pharmacy authority requires a period of workplace exposure. Furthermore, the duration of study as well as internship, is very similar; approximately three years.
The equivalent New Zealand qualification is the currenf Diploma· in Pharmacy Technician, Level 5 (No. 112499 [237 credits]). This qualification is registered by the New Zealand Qualifications Authority and satisfies legislative requirements for working as a pharmacy technician.
The course covers community based pharmacy services, retail sales for technicians, communication, self-management, health and safety and internship for pharmacy technicians. Training for this course may be completed by full time training. The full time courses are 2 years in length and include on the job work experience.
dispensing procedures legislation requirements providing advice to patients on the use of their medicines handling of hazardous substances body systems and functions compounding pharmaceutical dose forms and accessories misuse and dependence of drugs written and oral advice stock management and professionalism.
The strand chosen by the candidate will depend on whether the candidate is employed in a hospital or community pharmacy. Community pharmacy technicians will complete an elective (minimum of 10 credits) in the treatment of minor health disorders and hospital pharmacy technicians will complete an elective in ward medicine management and procedures for repacking.
While there is a major overlap between the South African qualifications ana this New Zealand equivalent, the essential difference being that the South African equivalent does not cover the "handling of hazardous substances".
National University Hospital (NUH) in Singapore offers the Diploma in Pharmacy Science (N73) over three years. The Diploma in Pharmacy Science provides a broad-based training which opens doors to careers in hospitals, retail pharmacies, pharmaceutical industry and research and development.
Core learning is in pharmaceutics, clinical trials, pharmaceutical analysis, good manufacturing practices, pharmaceutical microbiology, drug discovery and pharmacology and will culminate in positions, including pharmacy technicians in the health-care industry. The elective options are Complementary Medicine & Traditional Chinese Medicine or Nutraceuticals & Functional Foods.
Level1.1 level1.2 Introduction to Pharmacy Anatomy & Physiology Organic & Biological Chemistry . Inorganic & Physical Chemistry Cell & Molecular Biology !
Year Two r-L.:e;_v_:.e_l2_._1_~_-_··-=_..:._~_-_-_····---__..
Microbiology & Infectious Diseases.
Level 3.1 __ l_!.evel ~.
I Worldlssues A: SingaporePers~ecti:e ~~~!
This offering in Singapore includes a greater range of subjects as the duration is an additional year. These additional subjects include, amongst others, Creativity & Applied Thinking Skills, Mathematics & Statistics, Innovation & Enterprise in Action, Research Projects and Clinical Trials Management.
Both the electives here also feature in the equivalent South African qualification, with the obvious replacement of Traditional Chinese Medicine with Traditional African Medicine.
According to the National Pharmacy Association (NPA) in the United Kingdom, "Pharmacy Technicians must successfully complete a NVQ Level 3 in Pharmacy Services and then apply for registration with the General Pharmaceutical Council (GPhC) Statutory Register for Pharmacy Technicians. Pharmacy Technicians work in the dispensary supporting the pharmacist in the dispensing process."
This course equips the learner with the essential skills needed to become a registered pharmacy technician. This course consists of two separate qualifications both of which are needed to become a registered pharmacy technician. The first is the new Level 3 Diploma in Pharmacy Service Skills which is a work based qualification which requires the candidate to collect evidence to demonstrate competence in essential pharmacy skills such as dispensing medicines, counselling patients, receiving and maintaining pharmaceutical stock and providing pharmaceutical advice. The course is assessed through the completion of a portfolio of work-based evidence.
The second qualification is the Technical Certificate (accredited underpinning knowledge). This course provides the learner with all the theoretical knowledge needed to carry out day to day activities as a pharmacy technician. Learners have the opportunity to learn about the various aspects of pharmacy including pharmaceutical science, pharmacy practice, pharmaceutics, laws and ethics, actions and uses of drugs and disease management. The course is assessed through the completion of multiple choice questions and written assignments...
The units of learning listed above indicate a ''task oriented approach to the training of pharmacy technicians with the clear omission of the underpinning scientific knowledge required for pharmaceutical practice. The core components of learning seem to focus mainly on dealing with prescriptions (4 units) and stock (4 units). The South African equivalent reflects learning that provides a necessary theoretical basis for pharmaceutical practice.
The course content in a pharmacy technician program (two years) across the USA varies slightly from school to school, but overall concepts are typically the same.
After graduation, a pharmacy technician may choose to become certified by taking an exam from either the Pharmacy Technician Certification Board (PTCB) or the Institute for the Certification of Pharmacy Technicians (ICPT).
The learning components of the American approach to Pharmacy Technician training are very similar to the South African equivalent, with more emphasis on scientific knowledge and less on Pharmaceutical practice.
Pharmaceutical technologists are required to undertake a three year diploma in Pharmaceutical Technology prior to their registration with the Pharmacy and Poisons Boards. Candidates have to pass a pre-registration examination in order to register.
There are currently 22 institutions (11 public, 10 private and one mission owned) registered with the PPB to offer this qualification.
The Kenya Medical Training College in Nairobi is the leading trainer of middle level manpower in pharmacy the East African region with the Diploma and Higher Diploma in Pharmacy.
"The graduates of the programme constitute 90% of the pharmaceutical workforce in the country. They work in public hospitals, private hospitals, mission hospitals, and pharmaceutical industries. They also work in community pharmacies, research institutions and with regulatory bodies while others seek self employment."
Pharmacist's Assistants are expected to undertake a two year training programme which includes in-service training (2 year pre-service residential training with field attachments).
The National Qualification Authority has accredited the National Health Training Centre (NHTC) as provider of the PA course. The PA course is classified as a certificate qualification at the NQF level4 as per Namibia's NQF.
It is evident that this example is a qualification for a Pharmacy Assistant and is the equivalent of the South African Higher Certificate: Pharmacy: Support, NQF level 5. However, there is no currently available equivalent to the Advanced Certificate: Pharmacy: Technical Support, NQF level6 for the Pharmacy Technician.
It is evident from the international exam pies of qualifications for the education and training of Pharmacy Technicians cited above that there are some differences, but a great deal of similarity in comparison to the South African equivalent. One such difference is that the management of the dispensary is included only in the South African equivalent. Another difference is that the South African equivalent does not include First Aid as is the case with many International examples.
Integrated assessment must judge the quality of the observable performance, and also the quality of the thinking that lies behind it. Assessment tools must encourage learners to give an account of the thinking and decision-making that underpin their demonstrated performance. Some assessment practices will demand practical evidence while others may be more theoretical, depending on the type of outcomes to be assessed. The ratio between action and interpretation is not fixed, but varies according to the demands of the particular exit level outcome of the qualification. A broad range of task-orientated and theoretical assessment tools may be used, with the distinction between practical knowledge and disciplinary knowledge maintained so that each takes its rightful place.
Certificate: Nursing SAQA ID 23353}, Level.
Moderation should encompass achievement of competence described in exit level outcomes, critical cross-field outcomes and the integrated competence described in the qualification.
Assessors must be in possession of a qualification at a minimum of one level higher than the level of the qualification in a relevant field of study.
All learners must be registered with the South African Pharmacy Council for the duration of the study as specified in current relevant legislation and in agreement with the relevant QC.
Credit values reflected for each exit level outcome in the table below should be regarded as a guideline.
The respective Assessment Criteria aim to test the achievement of the specific learning outcomes. As many of these criteria are practice-based, providers are required to include periods in their curricula for this purpose, commonly referred to as practicals. (minimum of 80 hours).
Once the qualifying learner has completed the requirements of the qualification and wishes to be registered with the SAPC as a designated Pharmacy Technical Assistant (PTA), the learner must have completed a period of 3 months workplace experience at an approved site. The learner may proceed on this learning pathway directly (without having to complete 3 months workplace experience) to achieve the Advanced Certificate: Pharmacy: Technical Support and then complete 6 months workplace experience.
Apply scientific knowledge in the provision of basic /· 20.
Provide functional support to compound, manipulate and /25 prepare medicines (non-sterile) for specific patients in . compliance with Standard Operating Procedures (SOPs) I under the supervision of a pharmacist..
I pharmacist.
Provide functional support in Phase 2 of dispensing under the 20 supervision of a pharmacist.
The Advanced Certificate: Pharmacy: Technical Support was developed to meet the requirements of the National Human Resources for Health Plan, with specific reference to the need for mid-level workers in provision of pharmaceutical services to the people of South Africa. The qualification is aimed at developing the core technical knowledge and personal skills acquired during qualification for the Higher Certificate: Pharmacy: Support, Level 5. In this way, it contributes towards development of a career path for mid-level workers.
The Advanced Certificate: Pharmacv: Technical Support, NQF Level 6, is designed to meet the needs of learners who have completed the Higher Certificate: Pharmacy: Support and who wish to further their competencies in this field while developing their careers in one or more practice area. While the sub-field at present is listed as Curative Health the qualification also includes Preventative Health, Promotive Health and Development Services and Rehabilitative Health Services.
Pharmacy technicians will be able to work under supervision of a pharmacist who is physically present in a pharmacy or, under specified circumstances, under the supervision of a pharmacist who is physically not present in the dispensary of a primary health care clinic. All functions would have to be performed in accordance with standard operating procedures approved by the responsible pharmacist or supervising pharmacist.
Functions will include general housekeeping and administrative functions, stock control, manufacturing and compounding of sterile and non-sterile medicines. In manufacturing and wholesale pharmacies, pharmacy technicians will be able to perform certain defined functions without the direct oversight of a pharmacist. Such functions will be performed in accordance with the Batch Manufacturing Documents and standard operating procedures approved by the responsible pharmacist.
Apply scientific knowleqge to provide technical support in pharmaceutical services.
Provide technical support to compound, manipulate and prepare sterile and non-sterile medicines and scheduled substances in compliance with standards as described in Good Pharmacy Practice (GPP) rules and Good Manufacturing Practice (GMP) guidelines under the supervision of a pharmacist.
Provide technical support to manufacture, package and re-package sterile and non-sterile medicines and scheduled substances in compliance with GMP guidelines under the supervision of a pharmacist.
Provide technical support to order, manage, despatch and dispose of medicines, scheduled substances, medical supplies and devices in compliance with Good Wholesale and Distribution Practice (GWDP) and legal requirements.
Provide technical support to dispense prescriptions for patients in compliance with applicable legislation, including GPP.
Provide schedule 1 and 2 medicines in accordance with legal requirements, including GPP.
Manage the dispensary in a Primary Health Care Clinic under the indirect supervision of a pharmacist.
Demonstrate an understanding of nutraceuticals and functional foods.
Fundamental Component: 20 Credits are compulsory {Exit level outcome 1.
Core component: 11 0 Credits are compulsory {Exit level outcomes 2, 3, 4, 5, 6 and 7.
Elective component a minimum of 10 Credits are required (Minimum of one of Exit level outcome 8, 9, 1 0 or 11).
Learners that wish to enter into study towards achieving this qualification must be in possession of a Higher Certificate: Pharmacy: Support, Level 5 or recognised equivalent.
Mathematical Literacy at NQF level 4 or recognised equivalent.
Life Sciences at NQF level 4 or recognised equivalent.
Apply scientific knowledge to provide technical support in pharmaceutical services.
1.1 Legislation related to the relevant scope of practice in pharmaceutical services is explained in the South African context.
(Range of legislation includes, but is not limited to: Medicines and Related Substance Act, Pharmacy Act and related regulations and rules etc.).
1 .2 Ethical and professional conduct related to the relevant scope of practice is demonstrated in the provision of pharmaceutical technical support services.
1 .3 Basic Pharmaceutical terms and concepts are explained in relation to sterile drug delivery systems.
1.4 Basic scientific principles are applied to sterile pharmaceutical preparations.
1.5 Pharmacology and Biopharmaceutics principles that are used in the treatment of common chronic conditions are explained in relation to the current National Health Strategic Plan.
(Range of chronic conditions includes, but is not limited to: TB, HIV and AIDS, hypertension, diabetes, asthma, arthritis, epilepsy, mental disorders etc.
1.6 Screening tests are performed in accordance with GPP.
Provide technical support to compound, manipulate and prepare sterile and non~sterile medicines and scheduled substances in compliance with standards as described in GPP rules and GMP guidelines under the supervision of a pharmacist.
2.1 The principles of GPP are explained in relation to compounding, manipulating and preparing of sterile medicines.
2.2 Sterile admixtures are compounded, manipulated and prepared according to SOPs and in accordance with aseptic techniques and principles of GMP and/or GPP for specific patients.
2.3 Records are generated for each of the preparations produced in accordance with legal requirements and organisational policies and procedures.
3.1 Pharmaceutical and GMP principles are explained in relation to the manufacturing, packaging and re-packaging of sterile medicines and scheduled substances.
3.2 Resources, materials and equipment for preparation of specific medicines are organised and prepared in accordance with process documentation.
3.3 Line-clearance (Schedule 1 to 4) is performed according to GMP and process documentation.
3.4 The manufacturing process is maintained and controlled in accordance with GMP and relevant SOPs.
3.5 Related documents are completed and records maintained in accordance with GMP.
Provide technical support to order, manage, despatch and dispose of medicines, Scheduled substances, medical supplies and devices in compliance with GWDP and legal requirements.
1 Ordering and receipt of medicines, Scheduled substances, medical supplies and devices are organised and managed in accordance with GMP, GPP and GWDP.
4.2 Stock is organised, managed and secured in accordance with legal requirements, including GMP, GPP and GWDP.
4.3 Despatch of medicines, Scheduled substances, medical supplies and devices is organised and managed in accordance with GMP, GPP and GWDP.
4.4 Disposal of expired and unwanted medicines, scheduled substances, medical supplies and devices is managed according to current relevant legislation and guidelines.
4.5 Documents are completed and records maintained in accordance with applicable legislation and SOPs.
Provide technical support to dispense prescriptions for patients In compliance with applicable legislation, including GPP.
5.1 Communication with patients/caregivers is conducted in a professional manner in terms of sensitivity to patients' needs and diversity.
5.2 Prescriptions are assessed for compliance with the Primary Health Care Essential Medicines List (EML)/Standard Treatment Guidelines and other approved protocol/s.
5.3 Prescriptions are dispensed according to organisational procedures and in accordance with current legislation and GP P.
5.4 Patient and/or prescription is/are referred to a pharmacist for further management as needed or in relation to problems relating to medicine use.
5.5 Relevant records are maintained in accordance with the current legislative requirements, including GPP.
6.1 Communication with patients/caregivers is conducted and relevant information and history is obtained in a professional manner in terms of sensitivity to patients' needs and diversity.
6.2 A suitable course of action is decided in consultation with a pharmacist in terms of the presented information, including the history.
6.3 Medicines and/or appropriate advice is/are provided according to GPP and principles of pharmaceutical care.
6.4 Patient is refened to a tJile~JIIIdcist f01 lurif, er management as needed or in relation to problems relating to medicine use.
6.5 Appropriate records are completed and filed in accordance with GPP.
Manage the dispensary In a Primary Health Care Clinic under the indirect supervision of a Pharmacist.
7.1 Resources are managed according to operational and legal requirements (including GPP). (Range of resources include, but is not limited to: equipment, infrastructure, personnel, stock and funds). (Range of legal requirements include, but is not limited to: relevant provisions of PFMA, Labour Relations Act and Basic Conditions of Employment Act).
7.2 Application of the principles of supervision is explained in pharmaceutical practice.
7.3 Application of the principles of time management is explained in pharmaceutical practice.
7.4 Application of the principles of team building is explained in pharmaceutical practice.
7.5 Effective lines of communication are established and maintained to facilitate supervision in the workplace.
The learner must select ONE of the following four electives Exit level outcome 8 Demonstrate an understanding of the principles of management of common chronic conditions.
8.1 Aetiology and Epidemiology of common chronic conditions are explained in relation to the current National Health Strategic Plan.
(Range of chronic condition includes: TB, HIV and AIDS, hypertension, diabetes, asthma, arthritis, Epilepsy and mental disorders.
8.2 Preventative measures and lifestyle modification options are explained in relation to common chronic conditions.
8.3 Circumstances under which a patient with a chronic condition is referred to another Health Care Provider/facility are described as related to the information presented and the profile of the patient.
Exit level outcome 9 Demonstrate' an understanding of principles of tradltiO'nal' African medicines.
9.1 The philosophies of traditional African medicines and principles of therapies are explained in terms of how they complement those of conventional medicine.
9.2 The sale of traditional African medicines are described in terms of the associated responsibilities, limitations, benefits and potential risks.
9.3 The regulation and use of traditional African medicines are explained in terms of legislation.
Demonstrate an understanding of principles of complementary medicines.
10.1 The philosophies of complementary medicines and principles of therapies are explained in terms of how they complement those of conventional medicine.
1 0.2 The sale of complementary medicines is described in terms of the associated responsibilities, limitations, benefits and potential risks.
10.3 The regulation and use of complementary medicines are explained in terms of legislation.
Demonstrate an understanding of principles of nutraceutlcals and functional foods.
11.1 The philosophies of nutraceuticals and functional foods and principles of therapies are explained in terms of how they complement those of conventional medicine.
11.2 The sale of nutraceuticals and functional foods are described in terms of the associated responsibilities, limitations, benefits and potential risks.
11.3 The regulation and use of nutraceuticals and functional foods are explained in terms of legislation.
Organise and manage ;:;;-,.:>sBif &nd c.na';:; a.::tivities responsibly and effectively in participating in and contributing to the education and training institution and broader community.
Collect, analyse, organise and critically evaluate information in a chosen topic to develop a pharmaceutical product or enhance pharmaceutical services for patients.
participating as responsible citizens in the life of local, national and global communities..
The International Pharmaceutical Federation (FIP) represents two million pharmacists around the world through member organisations and individual members. FIP sets global pharmacy standards through professional and scientific guidelines, policy statements and declarations, as well as through its collaboration with other international organizations, including the World Health Organization (WHO) and other United Nations (UN) agencies. The South African Pharmacy Council ensures that approved pharmacy schools embed these standards and guidelines in their learning programmes.
The South African Higher Certificate and Advanced Certificate in Pharmacy has been designed and generated with these standards and guidelines in mind. Due to the nature of the Higher Education Qualification Framework (HEQF), both these qualifications must be acquired to achieve the Pharmacy Technician designation.
The equivalent New Zealand qualification is the current Diploma in Pharmacy Technician, Level 5 (No. 112499 [237 credits]). This qualification is registered by the New Zealand Qualifications Authority and satisfies legislative requirements for working as a pharmacy technician.
The course covers community based pharmacy services, retail sales for technicians, communication, self-management, health and safety and internship for pharmacy technicians. Training for this course may be completed by full time training. The full time courses are 2 years in length and includes on the job work experience.
While there is a major overlap between the South African qualifications and this New Zealand equivalent, the essential difference being that the South African equivalent does not cover the "handling of hazardous substances".
Core learning is in pharmaceutics. clinical trials. pharmaceutical analysis, good manufacturing practices, pharmaceutical microbiology, drug discovery and pharmacology and will culminate in positions, including pharmacy technicians in the health-care industry. The elective options are Complementary Medicine &Traditional Chinese Medicine or Nutraceuticals & Functional Foods.
Level 1 . 1 Level 1.
Introduction to Pharmacy Anatomy & Physiology . Organic & Biological Chern istry.
Level2.1 I Level 2.
u;;-'-:d'-pe.=c=-=t--'iv--=.':_s_u_es__A_=__s_i_ng~apore ~;!
This course equips the learner with the essential skills needed to become a registered pharmacy technician. This course consists of two separate qualifications both of which are needed to become a registered pharmacy technician. The first is the new Level 3 Diploma in Pharmacy Service Skills; which is a work based qualification which requires the candidate to collect evidence to demonstrate competence in essential pharmacy skills such as dispensing medicines, counselling 'patients, receiving and ·maintaining pharmaceutical stock· ·and providing pharmaceutical advice. The course is assessed through the completion of a portfolio of work-based evidence.
The second qualification is the Technical Certificate (accredited underpinning knowledge). This course provides learners with all the theoretical knowledge they will need to carry out your day to day activities as a pharmacy technician. Learners will have the opportunity to learn about the various aspects of pharmacy including pharmaceutical science, pharmacy practice, pharmaceutics, laws and ethics, actions and uses of drugs and disease management. The course is assessed through the completion of multiple choice questions and written assignments.
The units of learning listed above indicate a "task" oriented approach to the training of pharmacy technicians with the clear omission of the underpinning scientific knowledge required for pharmaceutical practice. The core components of learning seem to focus mainly on dealing with prescriptions (4 units) and stock (4 units). The South African equivalent reflects learning that provides a necessary theoretical basis for pharmaceutical practice.
Pharmaceutical technologists are required to undertake a three year diploma in Pharmaceutical Technology prior to their registration with the Pharmacy and Poisons Boards. Candidates have to pass a pre-registration examination in order to register. There are currently 22 institutions (11 public, 1 0 private and one mission owned) registered with the PPB to offer this qualification.
Physical Chemistry 120 Inorganic Chemistry 60 Organic Chemistry 120 Biochemistry 120 Medical.
Describe and demon~tr~to managetf'E'nt ~!.
Demonstrate knowledge, skills and attitudes in pharmaceutics practicals.
Demonstrate knowledge of basic chemistry in pharmacy operations.
It is evident that this example is a qualification for a Pharmacy Assistant and is the equivalent of the South African Higher Certificate: Pharmacy: Support, NQF level 5.
However, there is no currently available equivalent to the Advanced Certificate: Pharmacy: Technical Support, NQF level 6 for the Pharmacy Technician.
It is evident from the international examples of qualifications for the education and training of Pharmacy Technicians cited above that there are some differences, but a great deal of similarity in comparison to the South African equivalent. One such difference is that the management of the dispensary is included only in the South African equivalent. Another difference is that the South African equivalent does not include First Aid as is the case with many International examples.
lntegrat~d assessment must judge the quality of the observable_ performance, and also the. quaiity of the thinking that lies behind it: Assessrrienf tools'rriust encourage learners to give an account of the thinking and decision-making that underpin their demonstrated performance. Some assessment practices will demand practical evidence while others may be more theoretical, depending on the type of outcomes to be assessed. The ratio between action and interpretation is not fixed, but varies according to the demands of the particular exit level outcome of the qualification. A broad range of task-orientated and theoretical assessment tools may be used, with the distinction between practical knowledge and disciplinary knowledge maintained so that each takes its rightful place.
All learners must be registered as learners with the South African Pharmacy Council for the duration of the period of learning as specified in relevant legislation and in agre<:>mer.t w!th the !'!''!2.:'t QC?
Credit values reflected for each exit level outcome in the table below should be regarded as a guideline only.
The respective Assessment Criteria aim to test the achievement of the specific learning outcomes. As many of these criteria are practice-based, providers are required to include periods, summing up to a minimum of 80 hours in their curricula for this purpose, commonly referred to as integrated practical learning.
Once the qualifying learner has completed the requirements of the qualification and wishes to be registered with the SAPC as a designated Pharmacist Technical Assistant (PTA), the learner must have completed a period of 3 months workplace experience at an approved site. The learner may proceed on this learning pathway directly (without having to complete 3 months workplace experience) to achieve the Advanced Certificate: Pharmacy: Technical Support and then complete 6 months workplace experience in order to register as a Pharmacy Technician. Where a learner is enrolled for the Advanced Certificate: Pharmacy: Technical Support after completing 3 months workplace-based training, he/she must complete 3 months workplace experience prior to registration as a Pharmacy Technician.
Apply scientific knowledge to provide technical support irlpharmaceutical r~tr.
Provide technical support to compound, manipulate and prepare sterile-and non-sterile medicines and Scheduled substances in compliance with standards as described in Good Pharmacy Practice GPP} rules and Good Manufacturing Practice GMP} guidelines under the supervision of a. pharmacist.
GMP guidelines under the supervision of a Pharmacist.
1 medicines, Scheduled substances, medical supplies and devices in compliance with Good Wholesale and Distribution Practice GWDP} and legal requirements.
<fn>GOV-ZA.34437gon564En.2012-02-10.en.txt</fn>
I, Angelina Matsie Motshekga, Minister of Basic Education, with the concurrence of the Council of Education Ministers and in terms of section 6(A) of the South African Schools Act, 1996 (Act. No. 84 of 1996), hereby call for written submissions from stakeholder bodies and members of the public on the draft generic curriculum and assessment policy statements for languages at Second Additional Language level Grades 4-12.
The call for comments on the curriculum and assessment policy statements indicated in Government Gazette No.
''The two generic language documents, one at Home Language level and the other one at First Additional Language level listed in Schedule 1 of the Government Notice, have been developed as a base document for the development and versioning of all 11 official languages on both Home and First Additional Language levels in the Foundation, Intermediate, Senior and Further Education and Training Phases. The two generic language documents will also be used for developing those non-official languages offered at Home and First Additional Language levels. Languages at Second Additional Language level will be developed in a follow-up process.
The draft generic curriculum and assessment policy statements for languages at Second Additional Language level Grades 4-12 are available on the following Departmental websites: www.education.gov.za and http://www.thutong.doe.gov.
Hard copies of the draft generic curriculum and assessment policy statements for languages at Second Additional Language level Grades 4-12 are also obtainable from the address supplied in paragraph 7 of this Notice.
It would greatly assist the Department of Basic Education if all submissions could be prepared under the headings listed in the draft generic curriculum and assessment policy statements for languages at Second Additional Language level Grades 4-12. If you do not wish to comment under a particular heading, please indicate "No comment".
The closing date for the receipt of comments is set as 21 days after publication of this Notice.
<fn>GOV-ZA.34438gon565En.2012-02-10.en.txt</fn>
It also empowers citizens with better access to knowledge and information. The Telecommunications Amendment Act, 2001 has enabled the Department of Communications to liberalise the South African telecommunications market, increase competition and, as a by-product, stimulate the sector to bring down the costs of communications and remove constraints on growth.
The National Information Society and Development Plan, as the Department of Communications' National E-Strategy adopted in 2007, remains one of the blueprints that guide the engagement in the building of an advanced information society. The continued implementation of this plan will bring opportunities for creating decent and sustainable jobs, especially targeting the youth through the Youth Information Society and Development Programme.
By June 2009, the Department of Communications was working on the development of an Integrated National ICT Policy Framework. The policy framework will seek to promote the convergence of technologies and stimulate the growth of the economy in line with the objectives of the National Industrial Policy. It aims to encourage e-commerce activities and expand ICT infrastructure, linking rural and urban communities as well as uplifting the poor.
The National Broadband Policy was expected to be finalised in 2010. The policy will provide a holistic, coordinated national approach to the provision of affordable, reliable and secure broadband infrastructure and services. The New Partnership for Africa's Development Broadband Project is a continental initiative that aims to connect African countries to one another and to the rest of the world through a fibre-optic cable network that will result in the provision of affordable broadband capacity.
In recent years, South Africa has witnessed tremendous growth in the cellphone industry. South Africa has four operators, namely Vodacom, MTN, Cell C and Virgin Mobile.
In December 2008, there were an estimated 34,1 million cellphone users in South Africa.
The number of South African Internet users passed the five- million mark for the first time, finally breaking through the 10% mark in Internet penetration for the country. This is the key finding of the Internet Access in South Africa 2010 study, conducted by World Wide Worx and released in January 2010.
<fn>GOV-ZA.34442457En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.34444458En.2012-02-10.en.txt</fn>
STAATSKOERANT, 7 JULIE 2011 No.
The Minister of Justice and Constitutional Development intends introducing the Judges' Remuneration and Conditions of Employment Amendment Bill, 2011, in the National Assembly shortly. The explanatory summary of the Bill is hereby published in accordance with Rule 241 (c) of the Rules of the National Assembly.
The Bill is intended to amend the Judges' Remuneration and Conditions of Employment Act, 2001 (Act 47 of 2001), so as to provide for a minimum period of active service as Chief Justice of South Africa and President of the Supreme Court of Appeal; and to provide for matters connected therewith.
A copy of the Bill can be found on the websites of the Parliamentary Monitoring Group at http:/fwww.pmg.org.za and the Department of Justice and Constitutional Development at http://www.justice.gov.za and may, after introduction, also be obtained from Parliament.
<fn>GOV-ZA.34446460En.2012-02-10.en.txt</fn>
I, Mamodupi Mohlala, Commissioner of the National Consumer Commission, hereby publish Report on Expression of Interest (EOI) prepared pursuant to the provisions of section 11 (3) of the Consumer Protection Act, 2008 (Act No 68 of 2008).
Interested persons may submit their written comments or objections in writing for the consideration to appoint Direct Marketing Association (DMA) as a preferred service provider to operate a registry in which any person may register a preemptive block against any communication that is intended for the purposes of direct marketing of goods or services.
The National Consumer Commission (NCC) hereby present a report on the expression of interest in respect of the establishment of a registry in which any person may register a pre-emptive block for the purposes of restricting unwanted · direct marketing is hereby published for comment.
The NCC is an entity cre~ted in terms of Section 85 of the Consumer Protection Act 2008 (Act 68 of 2008) is in the process of identifying a Service Provider for the operation of an Opt-Out Register required by Section 11 of the Act.
The Act also provide that the Commission may establish, or recognize as authoritative, a registry in which any person may register a pre-emptive block, either generally or for specific purposes ·against any communication that is primarily for the purpose of direct marketing.
The Act mandates the Commission to establish a register which is reasonable and has effective means to receive, compile and utilize information relating to direct marketing.
The registry must cover and be accessible to all consumers within the Republic of South Africa and must promote the realization of each consumer's right to privacy.
These are the currents costs which are borne by the DMA members annually for operating and managing the Registry and NCC is not required to pay any fee for the service.
An Incorporated Firm of Attorneys.
Technological framework to operate a registry still to be developed specification R 150 000.
system R 750 000.00.
Deloitte sought to propose a once off setup fee to develop the database for NCC and thereafter, a monthly fee for hosting. and maintenance of the database.
Section 11 (3) of the National Consumer Protection Act, 68 of 2008 provides the Commission with a legislative backing in that it stipulates that it may establish or recognize as authoritative a registry for the purposes of registering a pre-emptive block against any communication that is primarily for the purpose of direct marketing.
No representation or guarantee, express or implied, is or will be given by the NCC, or any of its employees or contractors with respect to the information or opinions contained in this document.
The NCC reserves the right in its sole and absolute discretion, to decide on whether or not to proceed further with this process in the light of comments or objections relating to the expression of interest received and policy considerations.
The comments relating to the expression of interest report will be used solely by the NCC to complete its feasibility study and to decide whether to establish a register or recognize a register operated by a DMA provided no considerable objections are raised.
The Commission reserves the right to amend, modify or withdraw this EOI report at any time without prior notice and without liability to compensate or reimburse any party or person.
<fn>GOV-ZA.34447126En.2012-02-10.en.txt</fn>
I, Dube Phineas Tshidi, acting under section 13(2) of the Short-Term Insurance Act (Act No 53 of 1998) hereby give notice that the registration of Nedcor (SA) Insurance Company Limited as a short-term insurer has been cancelled with effect from 23 June 2011.
<fn>GOV-ZA.34447461En.2012-02-10.en.txt</fn>
I, Barno Edith Edna Molewa, Minister of Water and Environmental Affairs, by virtue of the powers vested in me under Section 20(1)(a)(ii) of the Act, hereby give notice, in terms of section 33 (1)(a) of the Act, of my intention to declare the properties listed below in the Schedule as part of the Mokala National Park.
a. Remainder of the Farm Valsch Fontein No. 105, Registration Division Herbert, Northern Cape Province, in extent 2805, 4578 hectares, held by title deed No. T737/2010.
<fn>GOV-ZA.34447462En.2012-02-10.en.txt</fn>
I, Barno Edith Edna Molewa , Minister of Water and Environmental Affairs, by virtue of the powers vested in me under Section 20(1)(a)(ii), hereby give notice in terms of section 33 (1}(a}of my intention to declare the properties listed below in the Schedule as part of the Addo Elephant National Park.
SCHEDULE The following land is considered for inclusion in the Addo Elephant National Park.
Extent in ha Title Deed No.
Portion 1of the Farm Vaalnek No.
Portion 1of the Farm Request No.
Portion 2of the Farm Request No.
Portion 32 of the Farm Addo Drift East No.
The Remaining Extent of the Farm Milverton No.
Portion 5of the Farm Milverton No.
Title Deed No.
<fn>GOV-ZA.34447463En.2012-02-10.en.txt</fn>
I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, hereby declare by virtue of the powers vested in me by Section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) hereby give notice in terms of section 33(1)(a) of my intention to declare the properties listed in the Schedule as part of the Agulhas National Park.
Comments received after the closing date may not be considered..
Schedule a. Portion 4of the Farm Rietfontein A299, Registration Division Bredasdorp, Western Cape Province, in extent 287,1602 hectares, held by title deed No. T57834/2009.
<fn>GOV-ZA.34447464En.2012-02-10.en.txt</fn>
I, Bomo Edna Edith Molewa, Minister of Water and Environmental Affairs, by virtue of the powers vested in me under section 20(1)(a)(ii), hereby give notice in terms of section 33(1){a) of the National Environmental Management: Protected Areas Act, 2003 {Act No. 57 of 2003) of my intention to declare the properties listed in the Schedule as part of the Namaqua National Park.
Portion 2of the farm Graskom No. 483, Registration Division Namaqualand, Northern Cape Province, in extent 1914, 5365 hectares, held by title deed No.
A portion of the Farm Michells Bay No. 495, Registration Division Namaqualand, Northern Cape Province, in extent 13,6578 hectares; which portion is represented by the "Ab high water mark of the Atlantic Ocean, "a", curvilinear boundary 250 meter north of the middle of the Spoeg River and described as "HUURKONTRAKGEBIED NO.1" as more fully described and set out on diagram L.G. No. 1985/2008 annexed hereto; held by Deed ofTransfer No.
A portion of the Farm Kliphuis No. 496, Registration Division Namaqualand, Northern Cape Province, in extent: 956,4286 hectares, which portion is represented by the figure "A", curvilinear boundary 250 meter north of the middle of the Spoeg River, "8 C D E" and described as "HUURKONTRAKGEBIED NO. 1" as more fully described and set out on Diagram L.G. No. 1986/2008 annexed hereto; h Registration Division Namakwaland, Northern Cape Province held by Deed of Transfer No.
A portion of Remaining Extent of the Farm Kanoep No. 491, Registration Division Namaqualand, Northern Cape Province, in Extent 4793, 3190 hectares, which portion is represented by the figure "8 C DE F G H" and described as "HUURKONTRAKGEBIED NO.1" as more fully described and set out on Diagram L.G. No. 1984/2008 annexed hereto, held by Deed of Transfer No. T7076/1942.
<fn>GOV-ZA.34447465En.2012-02-10.en.txt</fn>
I, Bomo Edith Edna Molewa, Minister of Water and Environmental Affairs, by virtue of the powers vested in me under section 20(1)(a}(ii), hereby give notice in terms of section 33(1}(a) of the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003) of my intention to declare the properties listed in the Schedule as part of the Tankwa Karoo National Park.
~nts received after the closing date may not be considered.
The Fann Plat Fontain No. 11, Registration Division Ceres, Northam Cape Province, in extant 3680.7792 hectares, held by title deed No.
<fn>GOV-ZA.34447468En.2012-02-10.en.txt</fn>
GENERAL NOTICE IN TERJttS.OF THE RESTITUTION OF LAND RIGHTS ACT, 1994 (ACT NO.
Notice is hereby given in tenns of Section 11 (1) of the Restitution ofland Rights Act, 1994 (Act No. 22 of 1994) thataclaim for the restitution ofland rights on the following properties have been lodged with the Regional Land Claims Commissioner.
Current Title Deed No.
Any party/parties who have an interest in the above-mentioned properties is hereby invited to submit, within 30 days from the date of publication of this notice, any representations and/ or information which shall assist the Commissioner in proving or disproving this claim.
Should no information and/ orrepresentations from theaffected party/ parties be forthcoming within the stipulated period, the affected party/parties shall be ipso fado barred from further doing so and the Commission shall continue with the subsequent processes towartls completion of the investlgation.
Submissions may also be delivered to Second Floor, African Life Building, 200 Church Street Pietermaritzburg.
No.I PROPERTY DESCRIPTION I EXTENT CURRENT TITLE DEED NO.
15 Portion 2of the farm The Ranche No.
16 Portion 3of the farm The Ranche No.
17 Remainder of the farm Balcomb No.
19 Remainder of the farm Hall No. 14196 113, 9469 ha T9810/1998 St. Zini cc 827502/2000 20 Portion 1of the farm Hall No. 14196 14,5731 ha T59546/2008 Avonlea Trust-Trustees 844910/2008 21 22 Remainder of the farm Lot Garland No.
Portion 1ofthe farm Lot Garland No.
23 Portion 2of the farm Lot Garland No.
24 Portion 3of the farm Lot Garland No.
25 Portion 4 ofthe farm Lot Garland No.
29 Portion 2of the farm Lot 808 Enyezane No. 10617 1.
34 Portion 2of the farm Lot 89 Umlalazi No.
35 Portion 3of the farm Lot 89 Umlalazi No.
37 Aportion of the consolidated portion 24 of the farm Lot 91 160, 3278ha Umlalazi No. 10011, known before consolidation as the Remainder of Portion 2 of the farm Lot 91 Umlalazi No.
m ::j. fl1 l.:o. PROPERTY DESCRIPTION EXTENT CURRENT TITLE DEED NO.
50 A portion of the consolidated Remainder of Portion 14 of the farm of the farm Lot 94 Umlalazi No. 13684, known before consolidation as Portion 5 of the farm Lot 94 Umlalazi No. 13684 1.
51 A portion of the consolidated Remainder of Portion 14 of the farm of the farm Lot 94 Umlalazi No. 13684, known before consofidation as Portion 6 of the farm Lot 94 Umlalazi No.
53 Remainder of Portion 14 of the farm Lot 94 Umlalazi No.
~-. 57 Remainder of Portion 1 of the farm Lot 81 Umlalazi No.
NO. 79 PROPERTY DESCRIPTION Portion 5of the farm Lot 88 Emoyeni No. 9105 EXTENT 0, 5607 ha CURRENT TITLE DEED NO.
80 Portion 6of the farm Lot 88 Emoyeni No.
81 Portion 8of the farm Lot 88 Emoyeni No. 91 05 o.
87 A portion of the consolidated Remainder of the farm Obanjeni No. 17853, known before consolidation as the : Remainder of the farm Lot 83 Obanjeni ANo.
89 The farm Baton Rouge No.
91 Crown Land a.k.
<fn>GOV-ZA.34447469En.2012-02-10.en.txt</fn>
Amending Notice 1459 of 2008 published in Government Gazette No.
CURRENTMLE BONDS &RESTRICTIVE m NO. PROPERTY DESCRIPTION EXTENT DEED NO. CURRENT OWNER CONDITIONS {INTERDICTS ll> 1 Portion 5 of the fann Lot K26 No.
2 Portion 6of the fann Lot K26 No.
<fn>GOV-ZA.34447472En.2012-02-10.en.txt</fn>
·Notice is hereby given that the names of the abovementioned co-operatives will, after the expiration of sixty days from the date of this notice, be struck off the register In terms of the provisions of section 73(1) of the Co-operatives Act, 2005, and the co-operatives will be dissolved unless proof is furnished to the effect that the co-operatives are carrying on business or are in operation. Any objections to this procedure, which interested persons may wish to raise, must together with the reasons therefore, be lodged with this office before the expiration of the period of sixty days.
<fn>GOV-ZA.34447474En.2012-02-10.en.txt</fn>
Notice is hereby given that the names of the abovementioned co~peratives will, after the expiration of sixty days from the date of this notice, be struck off the register in terms of the provisions of section 73(1) of the Co-operatives Act, 2005, and the co-operatives will be dissolved unless proof is furnished to the effect that the co-operatives are carrying on business or are In operation. Any objections to this procedure, which interested persons may wish to raise, must together with the reasons therefore, be lodged with this office before the expiration of the period of sixty days.
<fn>GOV-ZA.34447475En.2012-02-10.en.txt</fn>
Notice is hereby given that the names of the abovementioned co-operatives will, after the expiration of sixty days from the date of this notice, be struck off the register in terms of the provisions of secaon 73(1) of the Co-operatives Ad, 2005, and the co-operatives will be dissolved unless proof is furnished to the effect that the co-operatives are carrying on business or are in operation. Any objections to this procedure, which interested persons may wish to raise, must together with the reasons therefore, be lodged with this office before the expiration of the period of sixty days.
<fn>GOV-ZA.34447476En.2012-02-10.en.txt</fn>
Notice is hereby given that the names of the abovementioned co-operatives will, after the expiration of sixty days from the date of this notice, be struck off the register in terms of the provisions of section 73(1) of the Co-operatives Act, 2005, and the co-operatives will be dissolved unless proof Is furnished to the effect that the co-operatives are carrying on business or are in operation. Any objections to this procedure, which interested persons may wish to raise, must together with the reasons therefore, be lodged with this office before the expiration of the period of sixty days.
<fn>GOV-ZA.34447gon569En.2012-02-10.en.txt</fn>
l, Andries Carl Nel, Deputy Minister of Justice and Constitutional Development, acting under the power delegated to me by the Minister of Justice and Constitutional Development, under section 2 of the Small Claims Courts Act, 1984 (Act No.
determine Krugersdorp, Westonaria and Randfontein to be places in that area for the holding of sessions of the said Court.
determine Roodepoort to be the place in that area for the holding of sessions of the said Court.
withdraw Government Notice No. 2208 of 2 October 1987.
Despite the withdrawal of Government Notice No. 2208 of 2 October 1987, any claim emanating from the district of Roodepoort which has already been instituted in the Small Claims Court of West Rand prior to the publication of this Government Notice, shall be continued and concluded in the Small Claims Court of West Rand as if this Government Notice has not been published.
<fn>GOV-ZA.34447gon570En.2012-02-10.en.txt</fn>
Government Communication and Information System (GCIS) will launch the South African chapter of the Southern African Development Community (SADC) Media Awards Competition.
The 2010 theme for the awards is, "Promoting Regional Intergration through Excellent Journalist". The categories for the awards are Print, Radio, Television and Photojournalism.
The South African Chapter of the awards competition was launched during November 2003 and GCIS is the contact point for South African Media and the SADC Secretariat.
<fn>GOV-ZA.34447gon573En.2012-02-10.en.txt</fn>
The accreditation will be effective for the duration of the Accreditation of the Manufacturing, Engineering and Related Services Sector Education and Training Authority> (MERSETA) in terms of Section 2 (1) of the Education and Training Quality Assurance Regulations (SAQA Act No. 58 of 1995).
Objections to this extension of accreditation must be lodged with the Chief Executive Officer of SAQA by the 13 August 2011.
<fn>GOV-ZA.34448rg9554gon574En.2012-02-10.en.txt</fn>
I, Bomo Edith Edna . Molewa, Minister of Water and Environmental Affairs has under section 34G of the National Environmental Management Act. 1998 (Act No. 107 of 1998), made the regulations in the Schedule.
· 1. In these Regulations any word or expression to which a meaning has been assigned in the Act, the Protected Areas.
"Protected Areas Act" ~ansthe National Environmental Management: Protected Areas Act, 2003 Act No.
"Protected Areas Regulations" means the R99,ulations for the Proper Administration of Special Nature Reserves, National Parks and World Heritage Sites promulgated under section 86 of the Protected Areas Act and published in Government Gazette No. R.
"the Act" means the National Environmental Management Act, 1998 (Act No. 107 of 1998).
The offences in tenns of regulation 61 of the Protected Areas Regulations are, to the extent specified in columns 1 and 2of Table 1to this Schedule hereby specified as offences in respect of which an admission of gui fine, stipulated in column 3of the said Table, may be paid.
These Regulations are called the Protected Areas Act: Admission of Guilt Fines Regulations, 2011 and take effect on the date of publication thereof in the Gazette.
into aspecial nature reserve, national park or world heritage site without prior written consent of a management authority, license, permit or receipt.
R1000,00 special nature reserve, national park or world heritage site without prior written consent of amanagement authority, license, permit or receipt.
R500,00 reserve, national park or world heritage site without prior written consent of amanagement authority, license, permit or receipt.
R2500,00 other material without prior written consent of a management authority, license, permit or receipt.
R1500,00 any environmental, cultural or spiritual values in aspecial nature reserve, national park or world heritage site without prior written consent of amanagement authority, license, permit or receipt.
R1000,00 park or world heritage site that has been closed without the permission of the management authority.
R 1000,00 park or world heritage site or part thereof without paying an entrance fee as determined by the management authority.
R1000,00 accommodation or recreational facilities in aspecial nature reserve, national park or world heritage site without paying the fees determined for such accommodation or facilities or without the permission of the management authority.
R1500,00 or world heritage site at any place other than through an official point of entry or exit without the written permission Entering or leaving aspecial nature reserve, national park i of the management authority.
11(1) Failing to display receipt for the entrance fee or the permit authorizing entry into the special nature reserve, national park or 'NOrld heritage site. R500,00 11(2) Failing to display, in their vehicle, a permit for camping in a special nature reserve, national park or 'NOrld heritage site. R500,00 13(1)(a) Staying overnight in aspecial nature reserve, national park or world heritage site without the permission of the management authority. R1500,00 13(1)(b) Staying overnight in aspecial nature reserve, national park or world heritage site without payment of the applicable fees as determined by the management authority. R1500,00 13(1)(C) Staying overnight in aspecial nature reserve, national park or world heritage site without first reporting to the designated reception office or to an authorized offiCial assigned to perform escort duty. R1500,00 13(1)(d) Staying overnight in aspecial nature reserve, national park or world heritage site if no accommodation has been reserved or is available for that person. R1500,00 13(1)(e) Staying overnight in aspecial nature reserve, national park or world heritage site on ahouseboat or any other vessel without the permission of the management authority. R1500,00 13(1)W Staying overnight in aspecial nature reserve, national park or world heritage site at any place other than a place designated by the management authority. R1500,00 13(2) Camping in a special nature reserve, national park or world heritage site at an area other than an area set aside for that purpose by the management authority. R1500,00 14 Entering, leaving or traveling in aspecial nature reserve, national park or world heritage site at any time other than the times determined by the management authority. R500,00 15 Entering or travelling in aspecial nature reserve, national park or world heritage site in avehicle that does not conform to the dimensions and other requirements determined by the management authority from time to time. R1000,00 16(1)(a) Driving, parking or stopping avehicle in aspecial nature reserve, national park or world heritage site in away that constitutes anuisance, disturbance or danger to any other person. R2000,00 16(1)(b) Driving in aspecial nature reserve, national park or world R1500,00 18(6) heritage site in away that causes an obstruction or blocks the pathway of a management operation or emergency vehicle.
Parking a vehicle in a special nature reserve, national park or world heritage site in aplace other than aplace designated for that purpose. Driving or parking in aspecial nature reserve, national park or world heritage site in an area other than a designated road or place.
Driving avehicle in aspecial nature reserve, national park or world heritClge site causing damaging or acting in a manner that could cause damage of any nature whatsoever, including damage to any roads, plants or animals.
Entering or being in aspecial nature reserve, national park or world heritage site in avessel that does not comply with requirements of management authority's internal rules, subject to the provisions of the Merchant Shipping Act.
Using avessel in awater area of aspecial nature reserve, national park or world heritage site without obtaining a permit from the management authority.
Using avehicle or vessel which is propelled by a propeller above the water in a water area.
Painting avessel in awater area without the prior written approval of the management authority.
Disposing of any liquid or solid waste, including motor oil, into awater area other than in places specifically designated by the management authority therefore.
Intentionally obstructing, disturbing, interrupting or annoying any other person engaged in the proper use of the special nature reserve, national park or world heritage site.
Throwing, rolling or discharging astone, substance or missile, in aspecial nature reserve, national park or world heritage site, to endanger any person, specimen or species in the aspecial nature reserve, national park or world heritage site.
Defacing, painting, writing on, cutting names or letters in, or otherwise making marks or affixing bills on trees, rocks, gates, fences, buildings, signs or other property, or in any other manner spoiling features, buildings or facilities in a special nature reserve, national park or world heritage site without written permission of the management authority.
18(7) Moving, defacing or otherwise interfering with a Protected Areas Notice, notice board or other sign board put onto, affixed to or placed in aspecial nature reserve, national park or world heritage site by amanagement authority or by alife-guard, without being duly authorized thereto by a management authority.
20{1)(a) Filming and simultaneously transmitting photographic images, in aspecial nature reserve, national park or world heritage site by the use of a webcam or other image recording or transmitting device without alicense, permit or agreement with the management authority.
20(1)(b) Conducting atour, in aspecial nature reserve, national park or world heritage site without alicense, permit or agreement with the management authority.
20(1)(c) Conducting any kind of competition in aspecial nature reserve, national park or world heritage site without a license, permit or agreement with the man~gement authority.
or hire in aspecial nature reserve, national park or world heritage site without a license, permit or agreement with the management authority.
20{1)(e) Providing or offering to provide any service for afee or reward in aspecial nature reserve, national park or world heritage site without a license, permit or agreement with the management authority.
20(1)(g) Conducting research in aspecial nature reserve, national park or world heritage site without a license, permit or agreement with the management authority.
20(1)(h) Conducting an activity of any kind for the purpose of fund raising, personal gain or making aprofrt in aspecial nature reserve, national park or world heritage site without a license, permit or agreement with the management authority.
Undertaking any organized or special event in aspecial nature reserve, national park or world heritage site, including sporting or cultural events without alicense, permit or agreement with the management authority.
permit or agreement with the man~gement authority.
Using or causing to be used, any loud speaker or similar device or other noisy equipment in a special nature reserve, national park or world heritage site without the written permission of the management authority.
Constructing or erecting any booth, marquee or other structure in a special nature reserve, national park or world heritage site without the written permission of the management authority.
Organizing or causing to be organized, attending or participating in any public meeting, demonstration or gathering in a special nature reserve, national park or world heritage site without the written permission of the management authority.
Launching, or using a vessel on a dam, reservoir, lake, river, or other body of water in aspecial nature reserve, national park or world heritage site without the permission of the management authority. Bathing, swimming or diving in any area in a special nature reserve, national park or world heritage where such bathing, swimming or diving is not permitted. Handling, touching or using in any manner a life-saving rope, buoy or other life-saving apparatus installed in or maintained in or at a water area, or doing anything which will impede the proper working of such life-saving apparatus. Water skiing in a water area other than in a place and at times permitted by the management authority. Engaging in sport of climbing rock faces in a national park or world heritage stte without the written permission of the man~ementauthority. Engaging in the sport of parachuting or abseiling in a national park or world heritage site without the written permission of the management authority.
· or world heritage site without the written permission of the management authority. Launching or flying a hot air balloon in a national park or world heritage site without the written permission of the management auth()tj!y. Aying model planes or gliders in a national park or world herftage site without the written permission of the management authority. Engaging in the sport of any kind of boarding in a national park or world heritage site without the written permission of the management authority. Driving a vehicle off-road or off designated roads or tracks in a national park or world heritage site without the written permission of the management authority. Conducting scientific research in a special nature reserve, national park or world heritage site without the written tntentionalty disturbing a.ny wood.. mulch, peat or other dead' . vegetation or animal in a special nature reserve, national park or world heritage Site. Without ·the prior written panTilsslon of the ma..
Constructing an impoundment or Wei on MY river or river.
or abstracting any water from any impoundment cir weir on any riVer or fn any riVer bed within aspecial nat1;lre reserve;natimai part< or \Wr1d heritage site, or abstracting any water by l1l8$JS ofpump, pipes, gravitation or any other means, located outsia vegetable matter or other waste material in an area or receptacle other than an area or receptacle provided for that purpose.
Depositing, discharging or leaving any noxious, smelly, offensive or polluting substance, matter or thing in a special nature reserve, national park or world heritage site.
R2000, 00 dung in aspecial nature reserve, national park or world heritage site. Depositing any domestic garbage, in a special nature reserve, national park or world heritage site, in areceptacle other than in any receptacle provided for litter.
Intentionally breaking any article of glass, china, pottery, plastic or other brittle material in a special nature reserve, national park or wortd heritage site.
Offering any show or entertainment, conducting any business or trade or collecting any money from the public, in a special nature reserve, national park or wortd heritage site without the prior written consent of the management authority.
Lighting or causing any open fire to be started or making use of an open fire in the special nature reserve, national park or wortd heritage site, other than in a fireplace or container made available for that purpose by the management authority or without the authority of the management authority.
Placing, throwing, dumping or letting out any refuse, rubbish or used containers in a special nature reserve, national park or world heritage site.
Carrying on any agricultural or gardening activities in a special nature reserve, national park or world heritage site without prior written approval of management authority.
R1500,00 (2500) special nature reserve, national park or world heritage site without the prior written approval of the man~ement authority.
written permission of the management authority. Affixing to or, in any manner whatsoever, making on any tree or object not belonging to that person any name, letter, figure, symbol, mark, picture, sign or notice or otherwise damaging any tree or other object, in a special nature reserve, national park or wortd heritage site.
Playing any radio, compact disc player, music system, musical instrument or in any way causing any noise in a manner likely to disturb any species or specimen or other person in aspecial nature reserve, national park or wortd heritage site.
Behaving in an offensive, improper, indecent or disorderly manner in a special nature reserve, national park or world heritage site.
Possessing or exercising control over aspecimen of an alien or listed invasive species in aspecial nature reserve, national park or world heritage site without the written authorisation of the management authority.
45(2)(b)(iv) Conveying, moving or otherwise translocating any specimen of R2500,00 an alien or listed invasive species in a special nature reserve, national park or world heritage site without the written permission of the management authority.
49(1) Bringing adog, cat or other pet belong to such person or under such persons care into a special nature reserve, national park or world her~age site other than on the cond~ions determined R1000.00 by the management authority.
61(b) Failing to comply with aProtected Area Notice, an internal rule R500,00 or any other document issued or displayed in terms of the Protected Areas Regulations.
62(b) In failing to comply with any internal rule, violates, refuses or fails to obey or comply with any prohibition, request or instruction imposed by the Protected Areas Regulations or by the management authority or authorised offiCial.
63(2). Failing to hand over a permit or proof of entry on demand for endorsement indicating withdrawal of permission to enter a 1 R1500,00 special nature reserve, national park or world heritage site, j when requested to leave.
<fn>GOV-ZA.34454gon577En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.344564841En.2012-02-10.en.txt</fn>
The Minister of Trade and Industry, Dr Rob Davies -in terms of section 12i (19)d of the Income Tax Act, 1962 (Act 58 of 1962) as amended (herein after referred to as the Act) and the Regulations promulgated in the Government Gazette No. 33385 of 23 July 201 0 -hereby publishes the decision to approve an application received for the 12i Tax Allowance Programme.
Sephaku Cement (Pty) Ltd-Aganang Project is a project to manufacture cement and clinker. The project will invest a total of R2 695 719 208, with the value of qualifying manufacturing assets equal to R1 749 252 808. The project is classifiable under SIC code 3424.
On 03 May 2011, I as the Minister of Trade and Industry, endorsed the recommendation of the 12-1 Adjudication Committee meeting of 31 March 2011 not to approve the application of Sephaku Cement (Pty) Ltd as an Industrial Policy Project in terms of Section 12-1 of the Act and the relevant Regulations. The project was awarded 5 points, but failed to comply with mandatory reQUirements on manufacturing assets in the Act.
Enquiries relating to this publication should be made to: The Secretariat: 12i Tax Allowance Programme Department ofTrade and Industry Private Bag X84 0001 PRETORIA For attention: Mr A Potgieter Telephone No.: 012 3941427 Fax No.
<fn>GOV-ZA.34457485En.2012-02-10.en.txt</fn>
3.6 If answer in 3.
Government. In terms of section 17(3) of the National Conventional Arms Control Act, 2002, the National Conventional Arms Control Committee may, on the terms and conditions prescribed in the Regulations give exemptions to the requirements in section 17(1), of which this undertaking is a requirement.
3.7 Will the exported controlled item remain in the possession of an employee of the exporter while outside the Republic of South Africa?
It is agreed that on-site verification of the controlled items may be performed by an inspector designated by the Minister in terms of Section 9 of the Act.
Fax Number:.
As duly authorised representative of the person or body named at paragraph 1 (c), I hereby certify that (name of entity or person) is the importer of the controlled item(s) described in paragraph 2.
It is agreed that on-site verification of the controlled items may be performed.
Telephone Number:.
Corporate Website:.
Schedule 1: Wassernaar List http://www. wassenaar. org/controllists/201 0/W ALIST%20%281 0%29%201 %20Corr!WA-LIST%20%281 0%29%201 %20Corr.
Note 1: For control in terms of the provisions of the Act and the Regulations, Schedule 2 makes reference to the control status of items listed in Schedule 1; and, decontrolling notes listed in Schedule 1 remain applicable.
I. Possession of a "firearm" as defined in the Firearms Control Act, 2000, is controlled in terms of the Firearms Control Act, 2000 (Act No. 60 of2000).
The trade in items listed under ML I for purposes of dealing in firearms for private possession, private and public collection, private use, use for private security, use for business purposes, use for sports shooting and hunting, and use for law enforcement purposes, is regulated in terms of the Firearms Control Act, 2000, subject to section 4(3) of the National Conventional Arms Control Act, 2002 and Regulation 12 of the National Conventional Arms Control Regulations, 2011.
Regulation under both the Firearms Control Act, 2000, and the National Conventional Arms Control Act, 2002, is applicable to the trade in items listed under MLl, intended for military uses.
Under section 4(3), of the National Conventional Arms Control Act, 2002, read with Regulation 12. of the National Conventional Arms Control Regulations, 20 II, the National Commissioner of the South African Police Service must submit to the National Conventional Arms Control Committee any application for the export of firearms which exceeds 10 per type.
In terms of Regulation 6(4), an export permit, may not be issued for any conventional arms of a calibre of 12.7mm (0.5 inch) or smaller, including the ammunition for such arms, that is surplus to State or parastatal stock. Domestic transfers of such arms and ammunition for the purpose of destruction by contractors shall be authorised by the Committee by means of a destruction permit and a domestic transfer permit.
The licensing and possession of items listed for control under ML2 which fall within the definition of "prohibited firearms" as referred to in section 4 of the Firearms Control Act, 2000, shall be regulated in terms of that Act, for purposes of private or public collection.
6 Firearms Control Act, 2000, (Act No. 60 of2000).
The possession of ammunition which fall within the definition of "prohibited firearms" as referred to in section 4 of the Firearms Control Act, 2000, shall be regulated in terms of that Act for purposes of private or public collection. Possession of such item for any other purpose shall be regulated in terms of the National Conventional Arms Control Act, 2002.
I. "Biological agents" referred to in ML7a are not controlled by the National Conventional Arms Control Act, 2002. Refer to other applicable legislation including the Non Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993), for the control of biological agents.
ML7b1a CW Nerve agents b.
ML7b1c CW Nerve agents d.
ML7b2c1-3 cw vesicant agents: Nitrogen mustards g.
ML7b3a CW incapacitating agents h.
ML7b4c 1-4.
Trade in riot control agents listed under ML 7d requires permits in terms of the National Conventional Arms Control Act, 2002, the Tear-gas Act, 1964 (Act No. 16 of 1964), and the Non Proliferation of Weapons of Mass Destruction Act, 1993.
ML7d does not apply to "riot control agents" individually packaged for personal self defence purposes.
ML7d does not apply to active constituent chemicals, and combinations thereof, identified and packaged for food production or medical purposes.
Telkom goes mobile with 8ta - SouthAfrica.
South Africans are set to benefit from increased competition in the local mobile telecommunications market, with fixed-line operator Telkom launching its own cellular offering, branded as 8ta (Heita!).
The launch revealed who was behind the high-profile "Heita!" (a township slang greeting) advertising campaign, which has intrigued South Africans for the past few weeks.
According to 8ta, all prepaid customers will for the first time benefit from free talk time to any network every time they receive calls from a mobile phone - 1 free second of airtime for every 3 seconds of call received - a benefit that is available all day, every day.
Calls from 8ta to fixed line will cost 60% less than typical market rates for similar calls, and there will be a flat rate of R2.50 per minute to over 100 international destinations.
"Additionally, when you send five SMSs in a day, 8ta will give you 50 bonus SMS's at no extra cost to use that same day," the network operator said in a statement.
The network will also provide prepaid internet customers with an out-of-bundle rate of R1 per megabyte, while prepaid data bundles can be purchased for as low as 25c per megabyte.
The billing system ensures that both prepaid and contract customers have access to real-time usage information so that they can understand their consumption moment by moment, without receiving unexpectedly high bills at the end of the month.
"To ensure top notch customer service and quality of experience, a new call centre and new IT systems have also been implemented," Telkom said.
8ta has also entered into a national roaming agreement with MTN to extend its coverage reach to more than 96% of the South African population.
"We wanted to create a brand that builds upon Telkom's heritage around quality and innovation," said Telkom South Africa MD Pinky Moholi. "At the same time, we realised the need to be simple and to be authentically South African."
Would you like to use this article in your publication or on your website See: Using SAinfo materia?
First-world infrastructure plus a vibrant emerging market equals huge investment potential!
Today is a special occasion for us as we welcome my brother, comrade and friend, President Jakaya Kikwete and the members of his delegation on the occasion of this historic state visit to South Africa.
Tanzania, to many South Africans, is a second home.
<fn>GOV-ZA.34458rg9558gon580En.2012-02-10.en.txt</fn>
The Minister of Justice and Constitutional Development has under section 81 (2) of the Attorneys Act, 1979 (Act No. 53 of 1979), with the concurrence of the Chief Justice of South Africa and after consultation with the presidents of the various law societies, made the regulations in the Schedule.
bankers' acceptances, commercial paper, debentures, bank deposits, Land Bank bills, National housing bills, negotiable certificates of deposit, parastatal bills, promissory notes, and treasury bills capable of being converted into cash within seven days; and participatory interests in a money market portfolio of a collective investment scheme; "asset portfolio" in relation to the fund, means the portfolio of underlying assets comprising the fund; "bank" means a bank as defined in the Banks Act, 1990 (Act No. 94 of 1990), and a mutual bank as defined in the Mutual Banks Act, 1993 (Act No. 124 of 1993), registered otherwise than provisionally; "banker's acceptance" means a bill as defined in the Bills of Exchange Act, 1964 (Act No. 34 of 1964), drawn on and accepted by a bank; "bill of exchange" means a short-term negotiable debt instrument; "call option" means a derivative instrument that allows the holder the right, but not an obligation, to buy a pre-determined quantity of an underlying asset at a predetermined price, on or before a predetermined date; "call warrant" means an instrument that gives the holder the right to buy shares from the issuer; "Code of Practice" means the Code of Practice Relating to Fund Classification for South African Regulated Collective Investment Portfolios, as issued by the Association of Collective Investments South Africa, which Code of Practice became effective on 16 September 2008; "Collective Investment Schemes Control Act" means the Collective Investment Schemes Control Act, 2002 (Act No. 45 of 2002); "collective investment scheme" means a scheme as defined in the Collective Investment Schemes Control Act; "commercial paper" means any negotiable acknowledgement of short-term debt issued by a company; "contract size" or "multiplier", in relation to a financial instrument, means the factor by which the price of an underlying asset is multiplied to arrive at the value of one contract as specified in either a) the rules of the relevant exchange on which the financial instrument is listed; or the terms and conditions as defined in the offering document of the relevant financial instrument; "convertible debenture" means a debenture in terms of which the debenture holder has the option to return the debenture to the issuer in exchange for a specified number of equity shares of that issuer within a specified time period; "core liabilities" refers to the liabilities of the fund as determined by section 38(2) of the Act; "credit default swap agreement" means an agreement between two parties to transfer the credit exposure of fixed income assets according to a prearranged formula which is specified at the time the agreement is entered into; "debenture" means a debenture as defined in the Companies Act, 1973 (Act No. 61 of 1973}; "delta" or "delta factor" in relation to a financial instrument, means the requirement for an exposure calculation for financial instruments as determined in accordance with a) a method prescribed by the relevant exchange for the specific financial instrument; or the terms and conditions as defined in the offering document of the relevant financial instrument; "deposit" means a deposit as defined in the Banks Act, 1990 (Act No.
an instrument.
a forward rate agreement; and a credit default swap agreement: Provided such instrument is fully covered, is priced on a mark-to-market basis daily and complies with all limits applicable to it as determined by the exchange on which it is listed; "forward rate agreement" means an agreement between two parties to borrow or lend a specified amount at a specified future date at an interest rate that is fixed at the time the agreement is entered into; "futures contract" means a derivative instrument that obligates the holder to buy a predetermined quantity of an underlying asset at a predetermined price, on or before a predetermined date; "index futures contract" means a future on an index; "index tracking certificate" means a certificate representing all the companies within a specified index according to their index weighting on an exchange; "Land Bank bill" means a bill or note as defined in the Bills of Exchange Act, 1964 (Act No. 34 of 1964), drawn, accepted or issued by the Land and Agricultural Development Bank of South Africa, established in terms of the Land and Agricultural Development Bank Act, 2002 (Act No.
Domestic Fixed Interest portfolios by the Code of Practice; "parastatal bill" means a bill or note as defined in the Bills of Exchange Act, 1964 (Act No. 34 of 1964), drawn, accepted or issued by a parastatal institution; "parastatal institution" means a government-owned company or enterprise; "portfolio" means a portfolio of a collective investment scheme as defined by the Collective Schemes Control Act, 2002 (Act No. 45 of 2002); "promissory note" means a promissory note as defined in the Bills of Exchange Act, 1964 (Act No.
Global Credit Rating Co.
an index as determined by an exchange; or a group of securities which is the subject matter of the financial instrument, whether such group of securities is represented by an index or not; or in the case of a warrant, option contract or futures contract, any underlying asset referred to in paragraphs (a), (b) or (c) of this definition; and "warrant" means an instrument that allows the holder the right to purchase a predetermined quantity of shares from the issuer at a pre-determined price on or before a predetermined date.
stock of any local authority in the Republic authorised by law to levy property rates; and loans against security of a first mortgage bond on urban immovable property, subject to the relevant investment limits as prescribed in regulation 98.
The fund may not invest in a securities issued by a company to an amount in excess of 5%, or in the case of a company with a market capitalisation of R2 billion or more, 10%, of the market value of all the assets comprising the fund; and securities of any one class issued by a company to an amount in excess of 5%, or in the case of a company with a market capitalisation of R2 billion or more, 10%, or in the case of securities in any listed investment company, 10%, of the aggregate amount of the securities of any one class issued by such company.
The total investment exposure of the fund to any single issuer may not exceed the percentage applicable to the short term institutional rating assigned to that issuer in the corresponding rating band; and all issuers with ratings in rating band 3 may not exceed 20% of the market value of the fund.
If, after the date on which the fund invested in a money market instrument, that money market instrument is rated lower than its rating at the date of investment, the board of control must rectify the position within 30 days of such lower rating: Provided that if the board of control is satisfied that such rectification would be to the detriment of the fund, the board of control must, within 14 days of the date of becoming aware of the lower rating, submit a plan for approval to the Minister setting out measures to rectify the position.
Such amount of money as may be available for investment in terms of section 38(3) of the Act, may be invested by the board of control as prescribed in regulations 9A, 98, 10A, 108, 10C, 100, 10E, 10F, 10G and 10H.
10A. (1) The fund is supject to the relevant conditions and investment limits as prescribed in regulations 9A and 98.
The fund may invest in equities to a maximum aggregate amount of 60% of the market value of all the assets of the fund.
The fund may invest in property to a maximum aggregate amount of 1 0% of the market value of all the assets of the fund.
The fund may not invest in non-equity securities issued by a company to an amount in excess of 20% of the market value of all the assets comprising the fund.
The fund may invest in the participatory interest of a collective investment scheme that is defined by the Code of Practice as equity portfolios.
The investment limits prescribed in these Regulations may be exceeded only if such excess is due to the appreciation or depreciation of the value of the instruments comprising the fund.
The fund may not, for as long as the excess contemplated in subregulation (6) continues, purchase any further instruments of the class in respect of which the excess occurs.
sells or buys multiple options or multiple warrants based on the same underlying assets and requires the nominal exposure to liquid instruments prescribed in paragraph (c), the fund may maintain assets in liquid form as needed for only one such option or warrant transaction; and sells or buys multiple options or multiple warrants based on the same underlying assets the fund requires the nominal exposure to underlying assets contemplated in paragraph (a) or (b).
1OC. The fund may sell financial instruments only which have been bought by it.
The sum of the nominal exposures to assets in liquid form as a result of the inclusion of financial instruments in the fund, together with the market value of all the physical underlying securities in the fund, may not exceed 100% of the market value of the fund.
The nominal exposure to financial instruments on any specific underlying asset, which is not an index or group of securities, together with the market value of any direct holding of that specific underlying security, may not exceed the limitations laid down in regulation 98(1).
For the purposes of this regulation, the provisions of regulation 98(1)(a) and (b) in respect of excesses, which are due to appreciations or depreciations of the market value of the relevant securities shall apply.
The net effective exposure of financial instruments to equity securities is the sum of all effective exposures to all financial instruments calculated in accordance with subregulation (1).
1OF. (1) The nominal exposure to assets in liquid form of any financial instrument required in accordance with regulation 1OD must be calculated as the nominal exposure of any financial instrument calculated in accordance with regulation 10E(1).
The nominal exposure to assets in liquid form for the fund must be calculated as the sum of the nominal exposures of all the assets in liquid form calculated for all financial instruments in the fund in accordance with subregulation (1).
10G. (1) Exposure created through the inclusion of financial instruments must be fully covered by assets in liquid form or, in order of priority, by the same, similar or appropriate underlying assets.
Cover for the exposure of financial instruments to equity securities with positive effective exposure as calculated in accordance with regulation 10E(2), must be in the form of assets in liquid form of at least equivalent in value to such exposure.
Cover for the exposure of financial instruments to equity securities with a negative effective exposure as calculated in accordance with regulation 1 OE(2), must be in the form of underlying assets of at least equivalent in market value to such exposure.
The sum of effective exposure as calculated in regulation 10E(2) must be matched by an equivalent value of assets in liquid form: Provided that the assets in liquid form, together with the market value of all the physical underlying assets in the portfolio, may not exceed 100% of the market value of the fund.
The value of assets in liquid form that must be held as cover in terms of this regulation may be reduced by the amount held in a margin account with an exchange.
1OH. After the fund has invested in financial instruments, and while a financial instrument remains in the fund, the fund must furnish the Minister and the board of control within 30 days after the last business day of each calendar quarter with an auditor's report substantially conforming to Annexure D.
The above table refers to the domestic or national rating scales.
In the instance of an instrument, entity or concern being assigned a rating by two or more rating agencies, the lowest rating applies.
Where the short-term rating of an instrument or issuer spans more than one rating band, reference must be made to the long-term issuer rating to determine the applicable rating band for inclusion limit purpose.
We have audited the system of internal control maintained by the Attorneys Fidelity Fund in relation to its asset portfolio.
Compliance with regulations 9, 9A, 98, 10, 10A, 108, 10C, 100, 10E, 10F, 10G and 10H of the Regulations made in terms of the Attorneys Act, 1979 (Act No. 53 of 1979), and the maintenance of an effective system of internal control is the responsibility of the board of control of the fund.
Because of inherent limitations in any system of internal control, errors or irregularities may occur and not be detected. Also, projections of any evaluation of the internal controls with respect to future periods are subject to the risk that the system of internal control may become inadequate because of changes in conditions, or that the required degree of compliance with the provisions of regulations 9, 9A, 98, 10, 10A, 108, 10C, 100, 1OE, 1OF, 1OG and 1 OH of the Regulations may not be observed.
We conducted our audit in accordance with generally accepted auditing standards. These standards require that we adopt procedures to obtain an understanding of the system of internal control designed to ensure compliance with regulations 9, 9A, 98, 10, 1OA, 108, 1OC, 100, 1OE, 1OF, 1OG and 1OH of the Regulations, to evaluate the adequacy of the controls and to test the operating effectiveness of those controls.· We consider that our auditing procedures were sufficiently appropriate in the circumstances to enable us to express our opinion particularised below.
In our opinion a the system of internal control over compliance with regulations 9 and 10 of the Regulations was suitably designed to provide reasonable assurance that if controls had operated as designed, they would have prevented or detected noncompliance with regulations 9, 9A, 98, 10, 10A.
the system of internal control designed to ensure compliance with regulations 9, 9A, 98, 10, 1OA, 108, 1 OC, 100, 1OE, 1OF, 1OG and 1 OH of the Regulations in fact, operated as designed throughout the quarter ended.
Without qualifying our opinion above, we draw attention to the following instances of non-compliance with regulations 9, 9A, 98, 10, 10A, 108, 10C, 100, 10E, 10F, 10G and 1OH of the Regulations which were/were not subsequently corrected:.
<fn>GOV-ZA.34459bn127En.2012-02-10.en.txt</fn>
BOARD NOTICE 127 OF 2011 BOARD NOTICE-SACPLAN NO 3 OF 2011 SOUTH AFRICAN COUNCIL FOR PLANNERS PLANNING PROFESSION ACT, 2002 (ACT 36 OF 2002) WITHDRAWAL OF THE BOARD NOTICE 51 OF 2008. DETERMINATION OF PROFESSIONAL FEES IN TERM OF SECTION 29 OF THE PLANNING PROFESSION ACT, 2002. It is hereby notified, for general information, that the South African Council for Planners has determined professional fees in terms of Section 29 of the Planning Profession Act, 2002. These fees replace the fees advertised in Board Notice 51 of 2008. The provisions contained in the Schedule, which exclude valueadded tax to the fee so calculated, come into effect on the date of proclamation of this notice and shall apply in respect of any stage of professional services, which is started with, on, or after the date of commencement of this Schedule.
Category A in respect of a private consulting practice in Planning shall mean a top practitioner whose expertise and relevant experience is nationally or internationally recognized and who provides advice at a level of specialization where such advice is recognized as that of an expert or managing director or member of a company or close corporation who, jointly or severally with other partners, co-directors or co-members, bears the risks of the business, takes full responsibility for the liabilities of such practice, where level of expertise and relevant experience is commensurate with the position, performs work of a conceptual nature in Planning and development, provides strategic guidance in planning and executing a project and I or carries responsibility for quality management pertaining to a project.
Category B, in respect of a private consulting practice in Planning, shall mean all salaried professional staff with adequate expertise and relevant experience of performing work of a planning nature and who carry the direct technical responsibility for one or more specific activities related to a project. A person referred hereto shall be what is referred to in the Professional Planning Act of 2002 as a Professional Planner and shall have been registered by SACPLAN.
Category C in respect of a private consulting practice in planning, shall mean all other salaried technical staff with adequate and relevant experience performing work of an Planning nature with direct and control provided by any person contemplated in categories A and B above.
Category D in respect of a private consulting practice in planning shall mean all other salaried professional or technical staff members who have not yet completed the 24 months registration requirements with SACPLAN in terms of the Professional Planning Act of 2002. He or She will be performing work of a Planning nature under direct supervision provided by any person contemplated in categories A and B above. He or She shall have been registered as a Candidate Planner in terms of the Planning Professional Act of 2002.
<fn>GOV-ZA.34462488En.2012-02-10.en.txt</fn>
STAATSKOERANT, 22 JULIE 2011 No.
l. The P G Group (Pty) Ltd t/a Shatterprufe has applied to the Commission for Conciliation, Mediation and Arbitration (the CCMA) in terms of section 62(1) of the Labour Relations Act of 1995 for a determination as to whether the operations of Shatterprufe fall within the scope of the Motor Industry Bargaining Council or ofthe National Bargaining Cou~pil for the Chemical Industry.
Shatterprufe manufactures and supplies glass components, including windscreens for motor vehicles, to a wide range ofusers.
The CCMA believes that the question is ofsubstantial importance and hereby invites written representations by interested persons.
Written representations may be made within 21 calendar days of the date ofpublication of this notice and should be directed to Ms Danielle Martin at CCMA, Private Bag X94, Marshalltown, 2107 and clearly marked ECPE2303-09. Representations may also be forwarded per email to DanielleM@ccma.org.za. or per facsimile at number 011 834 7386.
Ms Danielle Martin may be contacted for any enquiries at telephone number 011 377 6694.
<fn>GOV-ZA.34462489En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.34462490En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.34462491En.2012-02-10.en.txt</fn>
South Africa also has international obligations under binding treaties and customary international law in the field of human rights which promote equality and prohibit unfair discrimination.
<fn>GOV-ZA.34462gon598En.2012-02-10.en.txt</fn>
Occupational Diseases in Mines and Works Act, 1973 (Act no. 78 of 1973), increase the levies which are payable from the controlled mines and works in terms of the said Act immediately with effect from 01 January 2011.
Asbestos 22.21 38.
Coal 0.82 1.
Copper 5.02 8.
Diamond 2.77 4.
Gold 4.08 7.
Iron 2.57 4.
Lead 2.94 5.
Manganese 3.80 6.
Other 5.95 10.
Phosphate 2.49 4.
Platinum 1.02 1.
Quarries 4.17 7.
Unknown 11.95 20.
Vanadium 2.17 3.
Works 4.74 8.
All Mines 3.0625 5.
<fn>GOV-ZA.34462gon599En.2012-02-10.en.txt</fn>
SMALL CLAIMS COURTS ACT, 1984 {Aet NO.
I, Andries Carl Nel, Deputy Minister of Justice and Constitutional Development, acting under the power delegated to me by the Minister of Justice and Constitutional Development, under section 2 of the Small Claims Courts Act, 1984 {Act No.
determine lngwavuma to be the seat of the said court; and determine lngwavuma to be the place in that area for the holding of sessions of the said court.
<fn>GOV-ZA.34462gon600En.2012-02-10.en.txt</fn>
I, Andries Carl Nel, Deputy Minister of Justice and Constitutional Development, acting under the power delegated to me by the Minister of Justice and Constitutional Development, under section 2 of the Small Claims Courts Act, 1984 (Act No.
determine Zeerust to be the place in that area for the holding of sessions of the said Court.
determine Swartruggens to be the place in that area for the holding of sessions of the said Court.
withdraw Government Notice No. 836 of 20 April1990.
Despite the withdrawal of Government Notice No. 836 of 20 April 1990, any claim emanating from the district of Swartruggens which has already been instituted in the Small Claims Court of Marice prior to the publication ofthis Government Notice, shall be continued and concluded in the Small Claims Court of Marice as if this Government Notice has not been published.
<fn>GOV-ZA.34462gon601En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.34462gon602aEn.2012-02-10.en.txt</fn>
No..
The accredilation will be efdve for the dwation the Accreditation of the Conltructlon Education and Training Authority (CETA) in terms of Section 2 (1} of the Education and Training Quality Assurance Regulations (SAQA Act No. 58 of 1995).
<fn>GOV-ZA.34462proc44En.2012-02-10.en.txt</fn>
Given under my Hand and the Seal of the Republic of South Africa at Cape Town this 17th day of March, Two Thousand and Ten.
F.1.4 The Remainder of the farm RSA Not 20,638.2 7,686.8 i F.1.5 Portion 2 of the farm RSA Not 1,208.4 1,208.
F.3.8 Remainder of the farm DEEP WALL No. 218, Knysna, Western Cape RSA T110 I 1952 3,726.6 4,135.
F.9.4 Dukuduku 10.0 i A portion of the farm Dukuduku Forest No. No.
F.9.5 Dukuduku 56.0 A portion of Lot 216 Umfolozi No.13689 which includes the runway and the adjacent land to the east thereof.
F.9.6 Sokhulu 500.0 A portion of Reserve No.4 No.
F.3.8 Remainder of the farm DEEP WALL No. 218, Knysna, Western Cape RSA T110 I 1952 3,726.6 24.
No !
<fn>GOV-ZA.34463Rg9559Gon595En.2012-02-10.en.txt</fn>
It is hereby made known under Section 13 (4) of the NationE\11 Regulor for Compulsory Specifications Act (Act 5 of 2008), that I Or Rob Davies, the Minister of Trade and Industry intends to introduce a Compulsory Specification for Safety Glazing Materials for Buildings, as set out in the attached Schedule.
Any person who wishes to comment on the intention of the Minister to Introduce the compulsory specification concerned, shall submit their comments in writing with the Chief Executive Officer, National Regulator for Compulsory Specifications, Private Bag X25, Brooklyn 0075, on or before the date two (2) months after the date of publication of this notice.
48 No.
vc 9003 1.
Stock sheets of laminated safety glazing materials, i.e.
Toughened safety glass, i.e.
Polymeric glazing, i.e.
Any other material claimed to be safety glazing.
A manufacturer or importer applying for approval of safety glazing materials. The manufacturer or importer shall be an existing legal entity within the Republic of South Africa.
Confirmation by the NRCS that a particular type of safety glazing material satisfies the requirements of this Compulsory Specification.
The National Regulator for Compulsory Specifications (the Regulator) established by the National Regulator for Compulsory Specifications Act, 2008 (Act No.
Safety glazing material that does not differ in essential aspects such as thickness, colour, design and method of manufacture.
Any other type of material that is claimed to be safety glazing.
Glazing material that is so manufactured, constructed, treated and combined with other materials and components that, if broken by human contact, the likelihood of cutting or piercing injuries that might result from such contact are minimized.
The definition of "building" contained in section 1 of the Natlonar Building Regulations and Building Standards Act 103 of 1977 shall apply.
The Minister of Trade and Industry.
3.1 Safety glazing material shall comply with SANS 1263 Safety and security glazing materials for buildings Part 1: Safety performance of glazing materials under human impact.
3.2 The applicant shall ensure that every type of safety glazing, material has been approved by the NRCS in accordance with the requirements of Annex A of ·this compulsory specification before manufacture, import, sale or supply.
50 No. 34463 GOVERNMENT GAZETTE, 22 JULY 2011 conformity of production of safety glazing material with the requirements of this compulsory specification by means of a product certification scheme conforming to Type 5 requirements according to ISO/IEC Guide 67:2004 Conformity assessment -Fundamentals ofproduct certification.
3.4 The applicant shall inform the NRCS of any change in the material, method of manufacture, design or components affecting any mandatory requirement of this compulsory specification. In the event of such change/s the NRCS may, at Its disaetion, demand the submission of fresh evidence of conformity or a new application for approval.
For the purposes of this compulsory specification, a new edition of a referenced standard shall become effective 12 months from the date of publication as a South African National Standard. When anew edition of a referenced standard is published, products originally approved in accordance with the previous editiOn of that standard may on applieatlon have their approval extended by the NRCS.
The applicant shall apply to the NRCS for approval of every type of safety glazing material.
A.1.1 Technical . specifications detailing the material composition, method of manufacturer ~nd minimum thickness for the type of safety glazing material.
A.1.3 Evidence of confonnlty Including test reports Issued not more than 12 months before the date of submission to the NRCS by a confonnity assessment.
A.1.5 lnfonnatlon for users supplied.
A.1.6 Information to the satisfaction of the NRCS regarding the measures taken by the.
· A.1.'7 Full details of the certification body appointed to maintain ongoing surveillance as required by Clause 3.
A.1.8 Any reasonable additional Information as may be requested by the NRCS.
A.2.1 The NRCS shall assess the evidence of conformity supplied by the applicant and shall decide to grant approval or not, at Its sole discretion.
A.2.2 T~e NRCS shall assign a unique approval number to each type of safety glazing material approved.
A.2.4 The approval granted with respect to safety glazing pursuant to this compulsory specification may be withdrawn by the NRCS, at any time, after the applicant has been notified In writing, If the requirements have not been met or maintained.
<fn>GOV-ZA.34463Rg9559Gon596En.2012-02-10.en.txt</fn>
It is hereby made known under section 13(4) of the National Regulator for Compulsory Specifications Ad, (Act 5 of 2008), that the Minister of Trade and Industry, on the recommendation of the NRCS Board, intends to Introduce a new Compulsory Specification for Uve Aquacultured Abalone as set out in the attached Schedule.
Any person, who wishes to comment on the Intention of the Minister to thus introduce the Compulsory Specification concerned, shall submit their comments, in writing, to the Chief Executive Officer, National Regulator for Compulsory Specifications, Private Bag X25, Brooklyn, 0075, on or before the date two (2) months after the publication ofthis notice.
54 No.
1.1 This Compulsory Specification applies to the harvesting, preparation, packing, conveyance and quality of live aquacultured abalone.
Specification.
2.1 For the purposes of this Compulsory Specification the definitions in SANS 729: 'Live aquaculture abalone', shall apply.
applicant: a producer, packer, importer or exporter applying for approval of the product. The producer, packer, importer or exporter shall be established within the Republic of South Africa.
approval: confirmation by the NRCS that the product and/or facility satisfies the requirements of this Compulsory Specification.
conformity of production: satisfactory evidence that the harvesting, preparation, packing, or conveyance of live aquacultured abalone produced for sale continues to conform to the requirements of this Compulsory Specification.
DAFF: Department of Agriculture, Forestry and Fisheries facility: premises where preparation and packing of live aquacultured abalone harvested according to the SAMSM&CP takes place.
NRCS: the National Regulator for Compulsory Specifications as established by the National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008).
official sampling: sampling done by an official inspector as defined in and according to the SAMSM&CP.
SAMSM&CP: the South African Molluscan Shellfish Monitoring and Control Programme administered by DAFF.
3.1 All live aquacultured abalone products to be offered for sale shall comply with the requirements of this Compulsory Specification.
3.2 The facility for live aquacultured abalone products shall be pre-approved by the NRCS for conformity of production requirements as prescribed in Annex A.1.
3.3 The packer may not dispatch live aquacultured abalone product from the facility without a valid NRCS approvals document for the facility.
3.4 Application for approval of the product shall be made to the NRCS for every consignment of live aquacultured abalone in accordance with the requirements of AnnexA.2.
3.5 The packer shall provide the NRCS with satisfactory evidence of conformity of production on request.
3.8 The packer shall inform the NRCS of any change in process of production affecting any mandatory requirement of this Compulsory Specification. In the event of such change/s the NRCS may, at its discretion, demand the submission of fresh evidence of conformity or a new application for approval.
3.7 The packer shall immediately report any failure, of whatever nature, to conform to the requirements of this Compulsory Specffication to the NRCS.
3.8 The testing of live aquacultured abalone against the requirements of this Compulsory Specification shall be done by test facilities that are accredited to use the test methods as referenced in the SAMSM&CP. In the case where there are no test facilities available that are in compliance with the foregoing, the NRCS will determine which facilities can be used in terms of its conformity assessment policy. This includes testing undertaken by farms and/or packers to demonstrate conformance with this Compulsory Specification.
3.9 The NRCS shall issue health guarantees for export purposes, where required, in accordance with the requirements of the country of destination as prescribed in Annex B.
4.1 The harvesting, preparation, storage, packing, conveyance, marking, labelling and quality of live aquacultured abalone, as well as the hygiene requirements for the product and for the packing facility employees, shall comply with the requirements of the latest edition of SANS 729.
4.2 Live aquacultured abalone for packing shall be obtained from sources that are officially approved by DAFF.
4.3 Farms shall be evaluated and approved annually by DAFF as per the requirements of the SAMSM&CP. Packers shall also be Issued with permits on an annual basis by the dedicated authority, after official approval of the farms by the NRCS.
4.4 Land-based wet storage facilities shall conduct monthly microbiological testing of the live aquacultured abalone and water against the requirements of the SAMSM&CP.
4.5 All official sampling of live aquacultured abalone and water shall take place according to the requirements of the SAMSM&CP.
4.6 No live aquacultured abalone shall be harvested, packed or shipped for the purpose of placing on the market for human consumption, when the abalone does not meet the requirements of the SAMSM&CP or when the farm is closed by DAFF.
7 The facility shall be situated in an environment deemed by the NRCS to be suitable for the packing of the live aquacuttured abalone product In accordance with SANS 729.
4.8 The live aquacultured abalone harvested, packed or shipped for the purpose of placing on the market for human consumption, shall not contain any chemicals, microbiological contaminants, and marine biotoxins at levels that could be detrimental to the health of the consumer as per requirements of the SAMSM&CP.
4.9 The live aquacultured abalone product shall be traceable according to the requirements of the movement document referred to in the SAMSM&CP.
Packed live aquacultured abalone product shall be mari<ed in accordance with the requirements of SANS 729.
The applicant shall apply to the NRCS for approval of the facility.
A.1.3 Test results for the live aquacultured abalone and water as prescribed in SANS 729 for a minimum period of three months preceding the application (new facilities that have not been in production before the application will be given 3 to 6 months to provide documentation for A.1.2 and A.. 1.
A.1.5 Any reasonable additional information requested by the NRCS.
The applicant shall apply to the NRCS for approval of the product.
58 No. 34463 GOVERNMENT GAZETTE.
A.3.1 The NRCS shall issue an approvals document, as Is applicable for the facility, imported products or products destined for export, to the applicant when all the requirements of this Compulsory Specification have been met.
A.3.2 The NRCS shall assign a unique number to each approvals document.
A.3.3 An approvals document shall be the sole proof of approval by the NRCS.
A.3.4 Once a facility is approved, the NRCS will issue an establishment number.
Any approval granted in respect of live aquacultured abalone products or the facility pursuant to this Compulsory Specification may be withdrawn at any time without prior notice, if compliance with the requirements of this Compulsory Specification has not been maintained.
The NRCS may provide health guarantees to authorities in countries to which products are exported at the request of exporters, if products have been farmed, handled and packaged in accordance with the requirements of this Compulsory Specification. In terms of requirements, all sections of the handling and processing chain are to be inspected and where appropriate, random samples have to be taken for verification purposes.
As required, finally prepared and packed live aquacultured abalone product shall be monitored on the basis of a random testing and surveillance programme.
all products and product codes are to be reflected in the request for export; and e the product covered by such a guarantee is fully traceable to Its origin.
<fn>GOV-ZA.34463Rg9559Gon597En.2012-02-10.en.txt</fn>
It Is hereby made known under section 13 (4) of the National Regulator for Compulsory Specifications Act, (Act 5 of 2008), that Dr Rob Davies, the Minister of Trade and Industry, intends to amend the compulsory specification for Motor Vehicles of Category 01102, as set out in the attached Schedule.
Ally person,. who wishes to comment on the intention of the Minister to thus amend the compulsory specification concerned, shall submit their comments, in writing, to the Chief Executive Officer, National Regulator for Compulsory Specifications, Private Bag X25, Brooklyn, 0075, on or before the date two (2) months after publication of this notice.
ProPOSed amendments marked With.
1.1 This specification covers the requirements for vehicle models. of categories 01 and 02 designed or adapted for operation on a public road at speeds greater than 40 kph, including new vehicle rnodeb and vehicle models that have not previously been registered or licensed in South Africa.
1.2 The requirements of this specification, in so far as the vehicle parts already incorporated are concerned, apply in respect of an incomplete vehicle supplied for further manufacture by one manufacturer to another and the entire specifiCation applies to the vehicle after completion thereof by the last-mentioned manufacturer.
South Africa..
1.4 The relevant requirements of this specification shall take effect on the dates as specified in schedule 1.
1.5 Where a South African National Standard, including an International Standard or a UN ECE regulation adopted by South Africa as a National Standard, is incorporated by reference into this specification, only the technical requirements of the specifications for the commodity, and the tests to verify compliance, apply.
category 01 single-axled trailers, other than semi-trailers, with a maximum mass not exceeding 0,75 t category 02 trailers other than category 0 1, with a.
equalizer device that Is connected between the towing vehicle and a trailer, and that is designed to reduce the vertical load imposed ori the ball coupling by the trailer and to transfer load to the front and rear axles of the vehicle combination. The device usually takes the form of a pair of downward curved springs, one on each side of the drawbar, that are t~nsioned upwards when coupled to the towing vehicle.
2.5 homologation a process for establishing the cOmpliance of a model of vehicle and the approval being granted by the regulatory authority, prior to it being introduced for sale.
The ReilJatory Atithorlty reserves the right. to decide on which variations or combinations ofvarlatlon conStitute a new mddel, and may also take cognisance tO th.e classiflcadon system applied In the country oforigin o.
2.9 public road road, street or thoroughfare, including the verges, or any other place, whether.
2.14 stabilizer devi~ that is connected between the towing vehicle and the trailer, and that Is designed to reduce or dampen any lateral (anti-snake) oscillations or vertical (anti-pitch) oscillations, or combinations thereof, of the vehicle combination.
ClCC()mmodation.
vehicle that is not self-propelled and that is designed or adapted to be drawn by'll; motor.
SANS 20003/ECE R3 (SASS ECE R3:1996), Uniform provisions concerning the approval of retroreffecting devices for power-driven vehicles and their trailers.
SANS 20004/ECE R4 (SABS ECE R4:1997), Uniform provisions for the approval of devices for the Hlumination ofrearregistration plates ofmotor vehicles (except motor cycles) and their traifers.
SANS 20006:2003/ECE R6, Uniform provisions concerning the approval of direction Indicators fOr motor vehicles and their trailers.
SANS 20007:2002/ECE R7, Uniform provisions concerning the approval of front and rear position (side) lamps, stop-lamps and end-outline marker lamps for motor vehicles (except motor cycles) and their trailers.
SANS 20023/ECE R23 (SABS ECE R23:1992), Uniform provisions concerning the approval of reversing lamps for power-driven vehicles and their trailers.
SANS 20037:2002/ECE R37, Uniform provisions concerning the approval offilament lamps for use in approved lamp units ofpower-driven vehicles and oftheir trailers.
· SANS 20091/ECE R91 (SABS ECE R91:1993), Uniform provisions concerning the approval of sidemarker lamps for motor vehicles and their trailers.
Lighting shal be fitted to a trailer and shall comply with the relevant requirements given in SANS 20048/ECE R48 (SASS ECE R48: 1994), Uniform provisions concerning the approval ofvehicles with regard to the installation oflighting and light-signalling devices.
The specific requirements of the said SANS 20048/ECE R48 (SASS ECE R48:1994) for rear fog lamps as set out in 6.11, shall be treated as OPTIONAL for the purpose of this compulsory specifiCation: Provided that, if any vehicle is fitted with such devices or lamps, they shall comply with the applicable requirements.
The requirements for the installation of retroreflectors may be met by the use and fitting of retroreflectors that are defined in the relevant regulations of the National Road Traffic Act, 1996 (Act 93 of 1996) and in addition, the requirements may also be met by the use and fitting of retroreftectors that are integral portions ofanother light lens assembly.
A rear warning sign shall be fitted to a trailer and shall comply with the relevant ~ulatlons of the National Road Traffic Act, 1996 (Act 93 of 1996).
In the case of a vehicle supplied with a warning triangle as part of the vehicle equipment, such a warning triangle shall comply with the relevant regulation of the National Road Traffic Act, 1996 (Act 93 of 1996).
of safety glass that complies with the relevant requirements given in SANS 1191 (SABS 1191:1997), Safety glass for vehicles -High penetration-resistant laminated safety glass for vehicles, in SANS 1192 (SABS 1192:1994), Safety glass for vehicles-Laminated safety glass for vehicles or in SANS 1193 (SABS 1193:2001), Toughened safety glass for vehicles; or b) of plastics safety glazing material that complies with the relevant requirements of SANS 1472: *2005 , Plastics safety glazing materials for motor vehicles. *This may be to any category specified in A-F of clause 3.
so used, or to any category specified in G or H of clause 3.2, for flexible glazing material, where so *used.
A trailer shall be fitted with braking equipment that complies with the relevant requirements given in SANS 20013/ECE R13 (SABS ECE R13:1996), Uniform provisions concerning the approval ofvehicles ofcategories M, Nand 0 with regard to braking.
15-pole connectors between towing vehicles and trailers-Dimensions and contact allocation.
Excluding semi-trailers, trailers that have a gross vehicle mass not exceeding 3,5 t shall have coupling devices that comply with the relevant requirements given in SANS 20055:2003 I ECE R55, Uniform provisions concerning the approval ofmechanical coupling components ofcombinations ofvehicles.
The maximum and minimum static vertical load at the centre of the ball socket on the coupling head shall be determined by the manufacturer, but in no case shall it exceed 100 kg or be less than 25 kg when the trailer is loaded. When a trailer is fitted with a stabilizer or an equalizer by the manufacturer, the effect of such a device on the maximum and minimum static vertical loads shall be stated by the manufacturer.
The height of the ball coupling device fitted to a trailer, measured vertically above the ground to the centre of the ball socket and with the interior floor of the trailer horizontal and the trailer at its gross vehicle mass, shall be not less than 350 mm and not more than 465 mm, provided that any custombuilt trailers that a have tyre and wheel combinations with overall diameters that exceed 665 mm when measured in the unladen condition; or b are designed or adapted for towing behind vehicles that have a gross vehicle mass exceeding 3 500 kg shall be excluded for the purposes of this sub-section.
The coupling device fitted to a traUer shall be located on the drawbar as shown in figure 1.
These requirements are only applicabl~ to trailers with ball couplings as specified in 3.5.1 (a). Stability should be determined by calculation or other suitable means, or, in the case of a caravan, by verifying compliance with the metrological requirements of 4.1.2 (overall height), 4.1.
4.1 .4 (rear overhang).
The static vertical load on the ball coupling of the trailer shall be at the minimum value stated by the manufacturer (see 3.5.
with the trailer at its tare fully equipped for service in accordance with the manufaCturer's specification but excluding all non-permanent ~uipmentor stores; and b with the trailer at its gross vehicle mass, the load being distributed as recommended by the manufacturer.
The dimensions of a trailer shall comply with the requirements of the relevant regulations of the National Road Traffic Act. 1996 (Act 93 of 1996), except as provided for in 4.1.2, 4.1.3 and 4.1 .4.
The overall height of a caravan, when measured vertically above ground level, shall not exceed the. lesser of 1,8 times the track of the caravan (see figure 2(a)) or 3,0 m.
The ratio between the horizontal distances from the centre line of the ball coupling to the centre of gravity and to the centre line of the axle or axle unit of a caravan shall not exceed 0,96 (see figure 2(b)). The. ratio between the height of the centre of gravity vertically above ground level to the track of a caravan shall not exceed 0,725 (see figure 2(a)).
lateral displacement of e (entre of gravity (see 4.1.
£ s 0,725 t c max.
Effective drawbar length b a max.
The ratio of the rear overhang of a trailer to the effective drawbar length (the horizontal distance from the centre line of the axle or axle unit to the centre of the ball coupling) shall not exceed 0, 7 (see figure 3), provided that the rear ovemang shall not exceed 50 % of the length of the trailer body.
!.. :5 0,7 b d max. = 0.
To ensure sufficient carrying capacity for movable property, the payload of the caravan (GVM minus tare) shall be not less than the total mass of user effects normally expected to be carried by the caravan (taken to be at least 15% of the GVM), plus alloWances of at·least 15 kg tor LPG (liquid petroleum gas) cylinders and at least 30 kg for a refrigerator, if such items are not fitted as standard equipment by the manufacturer.
A trailer shaJ have a data plate or data plates permanently affixed to i~ or to the trailer drawbar, in a conspicuous. position and visible from the left-hand side of the trailer. The information stated in the relevant regulations of the National Road Traffic At;t, 1996 (Act 93 of 1996) and the wording "For public road operation" shall be legibly and permanently imprinted or stamped on the data plate(s).
Atrailer shall have a vehicle identifica, tion number that complies with the relevant requirements given in SANS 3779/ISO 3779 {SABS ISO 3779:1983), Road vehicles-Vehicle identification·number (VIN)Content and structure, and in SANS 4030/ISO 4030 (SASS ISO 4030:1983), Road vehicles-Vehicle Identification number (VIN) -Location and attachment, except for clause 5 of the said SANS 4030, which shaD be amended In accordance with the requirements in 4.2.2.2 to 4.2.2.4.
4.2.2.2 The VIN shall be marked directly on an integral part of the vehicle; it may be either on the frame or, for integral frame body units, on a part of the body not easily removed or replaced.
4.2.2.3 The VIN shall also be marl<ed on the data plate.
4.2.2.4 The height of the roman letters and the arabic numerals of the VIN shall be as follows: a) at least 7 mm if marked in accordance with 4.2.2.2 (frame, body, etc.) on trailers; and b) at least 3 mm if marked In accordance with 4.2.2.3 (data plates).
4.2.3.1 Each axle on a trailer shall be provided with a data plate as given in 4.2.3.2 or 4.2.3.3, where relevant. The particulars ofthe information on the data plate shall be permanently and legibly Imprinted or stamped and the data plate shall be permanently affixed in a conspicuous position on the axle.
the load capacity of the axle; and c the maximum rolling radius.
4.2.3.3 Where a braking system is fitted, the axle(s) of a trailer shall have a data plate that gives the information given in 4.2.3.
the type/size of the shoe/pad, and the grade of the brake lining material, and b in the case ofcam brakes operated by air, the brake chamber size and the brake lever length.
All gauges, indicators and instruments that are fitted to a trailer shall be calibrated in units as prescribed by the current applicable regulations promulgated under the Measuring Units and National Measuring Standards Act, 1973 (Act 76 of 1973).
·· .. · · · Tyres for trailers shall comply with the Compulsory specif'IC8tion for pneumatic tyres for passenger cars and their trailers or the Compulsory specification for pneumatic tyr8s for commercial vehicles and their trailers, as published by Government Notice No. R1125 (Government Gazette No. 22822) of 16 November 2001 (as amended from time to time), where, applicable.
All components, accessories or equipment that are fitted to a trailer and that generate and radiate electromagnetic energy shall comply with the current applicable regulations relating to Interference with communications promulgated under the Telecommunications Act, 1996 (Act 103 of 1996).
All engines, accessories or equipment that are fitted to a trailer and that generate smoke emissions shall comply with the current regulations promulgated under the Atmospheric Pollution Prevention Act, 1965 (Act 45 of 1965).
Provision shall be made to ensure that any LPG container(s). carried inside or outside a caravan or tent trailer, are adequately secured to prevent movement in any direction when the caravan or tent trailer is being drawn.
Permanent ventilation af a low floor level shall be provided to the outside atmosphere.
10 000 mm The ventilation area shall have no obstruction.
AcCess to the LPG container(s) shall be from the outside of a caravan or tent trailer and no LPG vapour shall be allowed to penetrate into the interior of the caravan or tent trailer.
No component or fixture that, in normal use, could damage the LPG installation or that might ignite escaping gas, shall be installed in a fuel storage housing or a fuel storage compartment.
A caravan or tent trailer shall be provided with one or more portable 1 kg dry powder fire extinguisher(s) securely stowed in a readily accessible position which, in the case of a caravan, shall be adjacent to the main entrance door.
The fire extinguisher(s) shall comply with the relevant requirements given in SANS 810 (SABS 810:1992), Portable rechargeable fire extinguishers -Dry powder type extinguishers, or in SANS 1322 (SABS 1322:1988), Portable, non-refillable fire extinguishers (general purpose type).
Registered manufacturers, importers and builders (MIBs) shall have each model of motor vehicle, from a specific source, covered by the scope of this compulsory specification, homo!Qgated by the regulatory authority in accordance with the requirements of Annexure A.
The rights of ownership of homologation approval, so granted for a vehicle model In 7. 1 , shall lie with the registered MIB that obtained such approval. This may only be transferable, to another registered MIB, on request of the MIB that currently owns the rights of homologation approval, and be authorised by, the regulatory authority.
A transference fee, as determined by the Minister, shall be paid to the regulatory authority.
The requirements of any national standards stated in the appropriate parts given in Table 2 shall be deemed to have been met if compliance with the equivalent standards given in columns 5, 6 ,70f 8 of the same table, Of any oftheir later amendment levels, is achieved.
Where an EEC Directive is quoted in column 5, and an amendment level is quoted in column 6, this shall mean that the Directive and its amendment up to, and including the quoted level (In column 6) is the minimum level that is acceptable.
SubMc:tlon Ham Operatl.,.
Lighting to SANS20048 26 March 2005 3.
Subsection Item SANS No.
Lfghts 20003 20004 20006 20007 20023 20037 20091 1996 1997 2003 2002 1992 2002 1993 761757 76/760 76/759 76/758 77/539 76/761 76/758 97/29 97/31 99/15 97130 97132 99/17 97/30 R3.02 R4 R6.01 R7.02 R23 R37.
Ughting 20048 1994 76/756 97/28 R48.02 3.2 . Safety glass or Safety Glazing material (plastics) 1191 1192 1193 * 1472 1997 1994 2001 "2005 92/22 92/22 92122 "92/22 R43 R43 R43 *R43 3.3 Braking 20013 1996 711320 98112 R13.08 3.
Coupling devices 20055 2003 R55.
VIN number 3779 4030 1983 1983 1503779 1504030 4.4 Tyres Compulsory specifications for pneumatic tyres 2001 92123 01/43 R30.
Administrative Process -Homologation of Models of Vehicles of Category 01/02.
The Applicant shall formally submit a request for homologation, for each model of vehicle intended to be manufactured or imported, in writing, to the Regulatory Authority providing information of his/her intention to homologate that model of vehicle.
The Regulatory Authority shall forward to the Applicant the relevant homologation application documents for each model, requested in 1 above. The application documents shall stipulate the information to be submitted to the Regulatory Authority, and these shall accompany the submitted application.
The Applicant shall complete the application and provide the necessary requested supporting documentation, and forward it to the Regulatory Authority. The appropriate fee for the homologation, as determined by the Minister by Notice in the Government Gazette, shall be paid to the Regulatory Authority.
Upon receipt of the completed application and the required documents, the Regulatory Authority shall review the documents 'for correctness, completeness, and authenticity. Incorrect documentation, or insufficient documentation, will be reported to the applicant, for his/her correction.
Once the application documentation is correct, the Regulatory Authority shall formally confirm the date and place to the Applicant for the sample vehicle to be inspected, as part of the homologation process (if not already submitted).
At the homologation inspection, the Regulatory Authority shall inspect the sample vehicle and verify it against all mandatory requirements and the submitted evidence of conformity in the application documents, to these requirements.
Any non-compliances identified in 6 above, shall be resolved by the Applicant, to the satisfaction of the Regulatory Authority.
Once the homologation process establishes that the vehicle model complies with all the relevant mandatory requirements, the Regulatory Authority shall issue a formal Letter of Compliance (Homologation Approval Letter), to the applicant.
The original application documents, and copies of supporting evidence of compliance documents, as necessary, shall be taken, and maintained as Homologation Records, by the Regulatory Authority.
A laboratory that is part of an international or regional mutual acceptance scheme, or 2 A laboratory that is accredited to ISO/IEC 17025 by SANAS or aniLAC affiliated accreditation body, or 3 The laboratory has been successfully assessed against the requirements of ISO/IEC 17025 to the satisfaction of the Regulatory Authority.
<fn>GOV-ZA.34463rg9559gon587En.2012-02-10.en.txt</fn>
Workbook 2 is now available for download.
<fn>GOV-ZA.34463rg9559gon590En.2012-02-10.en.txt</fn>
forward a copy to the applicant.
The Council may on good cause shown, give the holder of an exemption license 30 days' notice of withdrawal of the exemption. The holder of such exemption may appeal to the Exemptions Appeal Board and the provisions of Clause 7 A shall apply read with the changes to the context.
In terms of Section 32 of the Act, the Council shall establish an independent body to be known as the Exemptions Appeal Board, to consider and determine any appeal brought against a refusal of a non-party application for exemption by the Council.
The Appeal Board, in considering the appeal, must have due regard for the views expressed by the Council, employees and I or their representatives as well as representations made by other employers within the Industry.
Substitute the following sub-clause 17(2)(b) "(b) When a member severs his connection with the industry, and the dependants of such former member shall thereupon not be entitled to the benefits specified by clause 19 of this Chapter.".
<fn>GOV-ZA.34463rg9559gon591En.2012-02-10.en.txt</fn>
OF DISPUTE RESOLUTION LEVY AND REGISTRAnON OF EMPLOYERS.
II IAN MACUN. Director: Collective Bargaining, duly authorised thereto by the Minister of Labour, hereby, terms of section of the Labour tcellllti0118 Actl 1995, renew the period fixed in Government Notice No. 687 of 21 July 2006, to from the date of publication notice and period ending 29 February 2012.
<fn>GOV-ZA.34463rg9559gon592En.2012-02-10.en.txt</fn>
provisions of Government Notices Nos. R. 957 of7 August 1998, R. 745 of 11 June 1999, R. 1365 of 15 December 2000, R. 1018 of 18 July 2003, R. 865 of23 July 2004, R. 906 of29 August 2008 and R. 9 of 22 January 201 0 to be effective from the date of publication of this notice and for the period ending 3 1 July 2014.
<fn>GOV-ZA.34463rg9559gon594En.2012-02-10.en.txt</fn>
AMENDMENT OF SCHEDULE NO.3 (No.
In teiiDS ofsection 75 of the Customs and Excise Act, 1964, Schedule No. 3 to the said Act is hereby amended, with reCrospectlve effect from 1 April2011, to the extert set out in the Schedule hereto.
316.17 00.00 02.00 04 Goods of any description (excludiDg mounted or populated circuit boards and display panels, irrespective of their degree ofoompletion and any apparatus classifiable in beading 85.28), at such times, in such quantities and IDlder such conditions as the International Trade Administration Commission may allow by specific permit, foi the manufacture ofreception appaniUs for television inOOipOfating a display other than a cathode-ray tube (CR1) classifiable in subheadings 8528.72.90 and 8528.73.
316.17 85.29 01.04 48 Display panels (excluding any apparatus classifiable in heading 85.28) not equipped or pra;emed with mounted or populated circuit boards designed for purposes other than pixel control, and inverters, whether or not incorporating a back ligbling unit but not equipped or presented with any other components, at such times, in such quantities and wder such conditions as the International Trade Administration Commission may allow by spcicitic permit, for the manufacture <R reception apparaus for television, classifiable in subheadings 8528.7290 and 8528.73.
316.17 85.29 02.()4 42 Display panels (excluding any apparatus classifiable in heading 85 .28), not equiwe<J or presented with mounted orpopulated circuit boards designed for purposes other than pixel control, and inverters, whether or not incorporating a back ligbling unit but not equipped or presented with any other components, at such times, in such quantities and under such conditions as the International Trade Administration Commission may allow by specific permit, for the manufacture cireception apparaus for television, classifiable in subheadings 8528.7290 and 8528.73.
<fn>GOV-ZA.3446651En.2012-02-10.en.txt</fn>
The House met at 14:05.
The Deputy Speaker announced that the vacancies which occurred owing to the resignations of Dr T S Farisani and Adv Z L Madasa had been filled by the nomination of Hosi T L P N'wamitwa-Shilubana and Ms A Z Ndlazi with effect from 8 October and 18 October 2010, respectively.
The members had made and subscribed the oath in the Deputy Speaker's office on 21 October 2010.
That the House debates the significance of South Africa receiving a seat on the United Nations Security Council albeit not a permanent seat, particularly in view of South Africa's previous controversial stances when it served on the council, including the country's much-derided defence of the military junta in Burma and even of Sudan President Omar al-Bashir when one would have expected the country to have spoken forcefully and unambiguously on the human rights abuses in these countries.
That the House debates the urgent need to stop the Companies and Intellectual Property Registration Office, Cipro, from becoming a serious disincentive to entrepreneurs wanting to own and operate a business company in South Africa on account of the ease with which hackers can steal a registered company.
That the House debates the reasons why alleged guilty persons implicated in a Deloitte & Touche forensic report, involving fraud committed at the respective Tshwane and Durban offices of Metrorail, have not yet been investigated and brought to book.
That this House debates the minimum standards of infrastructure, of teacher quality and of intellectual content we should aim for for our children to acquire at public and private schools.
That the House debates the achievements and challenges in the areas of forensic detective and prosecution services that improve or hamper the efforts to reduce the overall levels of crime.
That the House debates mechanisms to increase water conservation in communities.
That the House debates the development and adoption of policies that take into account the strategic role of information and communication technology in our economic growth, economic infrastructure, investments, government administration, poverty alleviation programmes and service delivery.
That this House debates possible amendments to labour legislation to prevent violence and destruction of property during strike action and to come up with solutions on how to hold unions accountable for the actions of their members, and means by which members of the public who incurred damages during strikes can seek compensation from unions.
I hope the hon Nzimande is listening.
That this House debates the failure of the National Youth Development Agency to meet its core mandate of looking after the interests of all South Africa's youth and whether this organisation should be restructured or disbanded.
That the House debates the effectiveness of South Africa's current economic policy in reducing the high unemployment rate and in reducing the number of citizens who rely on grants from the state, and to come up with policy solutions to improve the performance of the economy.
That this House debates the nearly R40 million in fruitless and wasteful expenditure incurred by PetroSA and the Central Energy Fund during the past financial year as outlined in the Auditor-General reports, and to come up with means to hold office bearers of these organisations accountable and measures to improve financial governance in these institutions.
That the House debates the rapid deterioration of South Africa's water quality and safety and the influence this has on food security.
wishes maSisulu a happy 92nd birthday; and thanks her for all the sacrifices she made for this country and its people, both black and white.
congratulates all competitors who took part in the Games; and applauds the spirit of human dignity, perseverance and overall good sportsmanship that characterised the 2010 Commonwealth Games.
recognises that South Africa and the mining sector in particular can learn from this extraordinary feat; and commends the Chilean authorities and all those who took part in the rescue efforts.
recognises that this day is traditionally commemorated worldwide by meetings, discussions and exhibits on the goals and achievements of the United Nations.
That the House in terms of Rule 214(2) ratifies the decision by the Acting Speaker, published in the Announcements, Tablings and Committee Reports on 19 October 2010, p 2923, to appoint an Ad Hoc Committee on the Commission for Gender Equality (CGE) Forensic Investigation.
Mrs M T KUBAYI (ANC): Deputy Speaker, the ANC would like to wish all matriculants writing their exams, which commenced yesterday, all the success. We further support the Silence Campaign that calls for all members of the community to reduce noise levels in support of the class of 2010. This is to create an environment that is more conducive for them to focus on their exams.
We further call for less partying, for taxis to reduce noise levels and for residences to reduce noise levels, and we request taverns and shebeens to also support this campaign by ensuring that they close their taverns and shebeens early, and reduce their noise levels within communities, especially in our rural areas and townships.
We understand and believe that all this will not only be to the benefit of the matric class of 2010, but also to all learners and students writing their exams at this time.
Finally, we encourage all learners and students who may feel depressed and who are not coping to utilise the services, provided by our government and NGOs in the country, of call centres for counselling purposes. We are looking forward to improved matric results, and we say "Good luck" to all the learners and all the students who are writing their exams. Thank you. [Applause.
Mr M H STEELE (DA): Madam Deputy Speaker, the decision to terminate the arms deal investigation might seem like a successful short-term solution to an embarrassing political problem, but it simply leaves too many questions unanswered. What is in the more than 40 boxes of documents collected by the Scorpions What of the more than one million electronic messages, which Gen Dramat reported to the Standing Committee on Public Accounts, Scopa, as being the subject of the Hawks' investigation And how much of the more than R450 million, which the same Gen confirmed, was paid in bribes?
The trouble with the way this investigation was terminated is that these questions remain unanswered. And when questions go unanswered, the speculation continues. What noted columnist Allister Sparks called the "stench of corruption" at the heart of the arms deal will continue to tarnish the reputations of all who were involved.
If one googles the words "arms deal South Africa", some 325 000 hits appear. The bibliography of books on the arms deal grows every year, all of which means the scandal isn't going to go away until an independent judicial inquiry finally unpacks the contents of those boxes.
Those people involved in the arms deal who have an interest in any investigation being stopped, should not feel that they can breathe easy. The DA will not stop pursuing this issue. Thank you. [Applause.
Mr M E GEORGE (Cope): Madam Speaker, something is very rotten in the state of South Africa. Assassins for hire are being used by some key persons in the ANC government with a lot to hide from whistle-blowers and witnesses. All the while, the criminal justice cluster has been unable to do anything about the many whistle-blowers dying under mysterious circumstances. Criminals are literally getting away with murder. Not surprisingly, South Africa is looking more and more like it is becoming a mafia state.
To add insult to injury, the wife of the Minister of State Security is at present being tried as a drug-importing and Mandarine disciple taker. Already the ANC has conflated state with party. Now state security itself may very well [Interjections.
Mr C T FROLICK: Madam Deputy Speaker, I rise on a point of order.
The DEPUTY SPEAKER: Hon member, there is a point of order. What is the point of order, Mr Frolick?
Mr C T FROLICK: I just need a point of clarity, Deputy Speaker. We are under the impression that the hon member has been suspended by his party, but he is here in Parliament. [Laughter.
Mrs J D KILIAN: Hon Deputy Speaker, that is not the point of order. [Interjections.
Mr M E GEORGE: In the meanwhile, in the guise of protecting state information through the Protection of Information Bill, the ANC-led government will silence criticism and now criminality in government to reach new depths.
The assassination of Nkambule is an omen of bad things to come for those who dare to reveal criminality in high places. What makes the mysterious death of Nkambule particularly significant is that he met with Gen Bheki Cele, shared information with him, and then was arrested. Shortly after that he died under mysterious circumstances. Did the state have a hand in his death?
We raise this question, because of the four assassins who were identified, three of them have already died. A judicial commission of inquiry is needed to lay bare the activities of the assassins and their paymasters. How the ANC responds will be critical to the future of South Africa. I thank you. [Applause.
Mrs J D KILIAN: Madam Deputy Speaker, some of the members are conversing aloud and in terms of Rule 46 that is not allowed. [Interjections.] May I perhaps remind some of the ANC members what the Rule says: It says during debate no member [Interjections.
The DEPUTY SPEAKER: Is that a point of order or what?
Mrs J D KILIAN: I am asking the Deputy Speaker on a point of order to please ask the ANC Whippery to enforce the Rules of the House.
The DEPUTY SPEAKER: Please sit down, hon member.
Ms N P KHUNOU (ANC): Deputy Speaker, the task of the Presidency is to lead, manage and develop the strategic agenda of government, and oversee and continually monitor the realisation of government's programme of action especially under the current economic climate.
Since the ANC assumed power in 1994, we have made the point consistently that government programmes should be geared towards changing the lives of our people and uplifting them.
President Zuma has responded to this challenge by creating new mechanisms to ensure that there is continuous monitoring and evaluation of programmes aimed at eradicating poverty and improving service delivery to the poorest of the poor.
For the first time in the history of South Africa, Cabinet members are signing performance agreements. The ANC welcomes and supports the signing of these contracts as it is a testament to the commitment the ANC-led government has made towards eradicating poverty, fighting crime, and providing affordable and quality health care and education. Working together as various spheres of government, the Presidency is changing the way government works, showing us that together we can do more. I thank you. [Applause.
Mr A M MPONTSHANE (IFP): Hon Deputy Speaker, last week the IFP called on the Minister of Higher Education and Training to admit to the real reasons behind Mrs Mary Metcalfe's decision to leave her post as the Department of Higher Education and Training's Director-General.
We strongly believe that there appears to be a major cover-up of the real reasons of her departure. To make matters worse, we are now shocked to read that Minister Nzimande's special adviser, Gwebinkundla Qonde, will be the department's next acting director-general. Again, political affiliation seems to be the main reason for Qonde's promotion rather than academic qualifications and experience.
As far as the IFP is concerned, the nature of Mary Metcalfe's departure is bad news for education in South Africa. Education is the key to unlocking South Africa's potential but critical challenges remain, such as access to and the affordability of education. These are challenges which Mrs Mary Metcalfe had set out to conquer.
Therefore, we call on Minister Nzimande to come clean on what led to Mrs Mary Metcalfe's decision to depart. We call on the Minister to leave no stone unturned in ensuring that the matter between them is resolved for the benefit of education and the future of the youth of South Africa. I thank you. [Applause.
Mr J J MC GLUWA (ID): Deputy Speaker, the matric class of 2010 has had to endure more challenges this year than any other matric class of our new democracy. The public servant strike and the Soccer World Cup caused major upheaval and saw students out of the classroom for longer than usual.
Schools were left to come up with their own recovery plans and, owing to the unresolved salary negotiations, unions appallingly instructed teachers not to attend school and even resorted to destructive activities. Throughout this, the department gave the impression that they were not interested in the impact this was having on senior learners.
It caused a lot of grievances between Members of Parliament, parents and also learners themselves as the matter was not attended to with urgency. With fear running high that matric pupils would be far from ready as the examinations started drawing closer, we are however pleased that, according to reports, the first day of the matric exams has been successful.
Unfortunately, the Soccer World Cup also cost matriculants precious preparation time. Although the department has said that the school year had not been shortened despite the extended June school holidays, the impact thereof has done so.
The ID hopes that the matriculants can rise above all these challenges they were forced to endure this year. We wish them every success for their examinations. I thank you.
Ms K R MAGAU (ANC): Deputy Speaker, the ANC welcomes the re-election of South Africa as a nonpermanent member to the United Nations Security Council for the period 2011 to 2012. The ANC views the re-election of South Africa to the UN's most powerful seat as a vote of confidence in the role that the country is playing in international diplomacy, particularly in championing the African agenda in areas such as peacekeeping, security, human rights and economic development.
Furthermore, the ANC reaffirms South Africa's continual commitment to the creation of a new world order, and the advancement of international peace, security and human rights.
We further call on the Department of International Relations to communicate South Africa's positions clearly and coherently to the nation to avoid misunderstandings and misinterpretations of South Africa's positions in the United Nations, as happened with Myanmar. I thank you. [Applause.
Mr N T GODI (APC): Madam Deputy Speaker, in our meeting with the Minister of Co-operative Governance and Traditional Affairs soon after his appointment, the APC raised two issues which we believe needed his urgent and sustained attention.
These matters related to traditional leaders, especially the remuneration and provision of certificates for headmen and headwomen, as well as the issues of boundary disputes in Meraphong, Matatiele and Moutse. Since then, the APC is aware that the lack of certificates for some serving traditional leaders persists. The issue of remuneration for some traditional leaders remains unresolved.
The APC makes a strong call for the urgent resolution of these matters, taking into account that they are long-standing and impact negatively on the traditional leaders concerned.
On the boundary disputes, only Meraphong has been successfully resolved, in line with the popular will of the people. The APC understands that in the case of Matatiele and Moutse, a testing of views referendum was held. The APC urges the Minister to make the outcome of these referenda public and use them as a basis for settling these long-simmering boundary disputes. If not, the millions used in these referenda will amount to fruitless and wasteful expenditure. This would be a violation of the Public Finance Management Act.
South Africa has been promised that an era of dialogue and openness has set in. Let this be the experience of the residents of Matatiele and Moutse. The remuneration of some traditional leaders and the settling of boundary issues in Moutse and Matatiele are long overdue. They need urgent resolution. The APC calls for and supports their speedy and undelayed resolution. Thank you.
Dr J C KLOPPERS-LOURENS (DA): Madam Deputy Speaker, South Africa faces a critical shortage of social workers. In light of this, the prospect of the Huguenot College in Wellington being closed is too terrible to even contemplate. This college produces 90 well-trained social workers and community development workers every year. It has received applications from 600 prospective students for enrolment in 2011.
This private college relies on partnerships with public higher learning institutions, but these partnerships have fallen foul of the Higher Education Act. I recently visited the college to see first-hand the excellent work that it does in training students to perform social work. I received a petition from the students, outlining the plight of the college and containing an urgent appeal to Minister Nzimande to intervene to keep the doors of the college open. This petition will be given to the Minister.
I am pleased that, in the interim, the Department of Higher Education and Training has indicated that it is prepared to respond to the DA's urgent appeal to prevent the college from closing, and that the Minister realises that South Africa can ill afford to have even fewer qualified social workers. I will be following the Minister's efforts closely to ensure that the commitments of the department are indeed carried out. Thank you. [Applause.
Ms C C SEPTEMBER (ANC): Madam Deputy Speaker, the ANC welcomes the outcome of the by-elections held on 6 October 2010 in all four provinces. The ANC emerged with an overwhelming victory.
We are particularly pleased with the inroads we have made in the Western Cape where we took over two wards in Oudtshoorn [Applause.] which formerly belonged to the ID. This by-election being the first to be contested by the DA-ID coalition in the ward demonstrates the peoples' vote of no confidence in the Zille-De Lille marriage of convenience. The outcome, ahead of next year's local government polls, further points to the strengthening of the ANC support base in the Western Cape and is a strong showing that the organisation is on the verge of reversing past losses. [Interjections.
Out of a total of 18 by-elections - 12 in the Eastern Cape, three in the Free State, one in KwaZulu-Natal and two in the Western Cape - the ANC won 17 wards. In the Eastern Cape, the Free State and KwaZulu-Natal, the ANC retained all 15 of the wards it won in 2006, except one lost to an independent candidate in the Eastern Cape.
Viva, ANC! Viva! Together we can do more. [Applause.
Mr K P SITHOLE (IFP): Deputy Speaker, the IFP is calling for urgent police intervention following the murder of two more prominent leaders of the IFP in Gauteng. Mr Bhunu Zungu from Ward 61, Jeppestown, and the chairperson of the IFP in Nancefield, Mr Thandazani Shange, were gunned down on Friday night.
This brings the number of IFP members who have been shot and killed in Gauteng in recent weeks to four. While we are not sure of the motive behind these attacks, it is clear that they are not isolated incidents. We are worried that these might be politically motivated killings. There has been a steady increase in attacks on IFP leaders in Gauteng, yet we have seen no arrests in any of these cases. We appeal to the Minister of Police to intervene immediately so that we can bring to an end these senseless attacks. I thank you. [Applause.
Mrs J D KILIAN (Cope): Deputy Speaker, Cope supports the concerns expressed by the Portfolio Committee on Communications recently, but believes it falls short of fingering the real problems, namely the close friendship between the board chairperson and senior ANC leaders, which has led to political interference in the running of the board.
Another key reason is the serious management capacity problems that also undermine the effective functioning of the SABC Board. Serious skills shortages and breaches of regulations were highlighted in a presentation made to Parliament by 11 out of 12 nonexecutive board members and tabled on 24 August.
Cope is perturbed by the resignation of the four board members recently, which is within the first 10 months of their term of office. We fear that more resignations may follow unless the board chairperson is called to order or preferably asked to resign.
By waiving the three-months' notice period of the two most recent resignations, President Zuma and the ANC sent an ominous message to the board members that they should heed his master's voice or get out. These members were willing to serve a full three-months' notice period to avoid a governance crisis at the SABC.
This sudden-death type of resolution is a clear manifestation of the ANC's obsession to take control of the public broadcaster. It should also send a spine-chilling message to media houses in South Africa that this government will not tolerate critical thinking. Thank you. [Time expired.] [Interjections.
Mr S L TSENOLI (ANC): Madam Deputy Speaker, today the United Nations General Assembly will once again consider the item: "Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba" during its 65th period of sessions of the General Assembly.
Last year, 187 member states voted in favour of this resolution. Despite this overwhelming democratic outcome, the United States continues to ignore the world body's decision.
We, in the ANC, fully support our government for consistently supporting this resolution before and since its adoption by the overwhelming majority of members of the United Nations. We believe that this clear expression of democracy must be respected by those who want us to believe them to be champions of democracy.
Cuba and the Cuban people are correct in identifying this embargo as the most important factor undermining their country's natural development. It inhibits even other partners of the United States itself and its own citizens from freely conducting social and economic relations with Cuba.
No respectable reason or justification exists for the continuation of this embargo against the wishes of the majority of governments of the world. No reason exists for our government representatives in the United Nations to change their principled support for Cuba on the matter during voting.
We appeal to the United States to respect the outcome of the result of the vote as it expects others to do in other situations. I thank you. [Time expired.] [Applause.
Mr G R MORGAN (DA): Madam Deputy Speaker, the high level of crime in Pinetown in KwaZulu-Natal has resulted in residents, frustrated by the lack of leadership at their local police station, taking to the streets to vent their anger.
The tipping point was the tragic murder of local matric learner, Llewelyn Bond, during a hijacking last week. While the number of murders dropped overall in South Africa during the last reporting period, the number of murders in Pinetown increased.
In addition, the residents of this west-Durban suburb suffered a 60% increase in burglaries at residential premises. The Pinetown police station, like so many police stations around South Africa, faces chronic shortages of resources. Its vehicle complement is 50% of what it should be, while its staff complement is only 70% of what it should be.
It is pleasing that Llewelyn's murderers were apprehended, but this will bring little comfort to his family or the community. The murder should never have happened.
Crime-prevention efforts in Pinetown are weak. The fault cannot be laid at the door of the community policing forum, the CPF, which has members who are engaged and who want to be part of the solution.
On Sunday, over 500 community members gathered in the town hall to express their anger. They want the station commander, Brigadier Zama, removed from his position. I have a petition which I will be giving to the Minister.
The DA supports this call. We urge the national and provincial commissioners and the Minister of Police to install an experienced and capable commander, and to ensure that he or she is given the resources to achieve the security that the residents of Pinetown are entitled to. I thank you. [Applause.
Mrs T M A GASEBONWE (ANC): Madam Deputy Speaker, on 20 September 2010 the Department of Home Affairs commenced the process of issuing permits to all qualifying Zimbabwean nationals. This came after the department announced that all Zimbabwean immigrants had to apply for the relevant documents and register their status in the country, because a special dispensation allowing Zimbabweans crossing into South Africa the right to live, work, attend education facilities and access basic health care for a period of six months was coming to an end.
Since the start of this process, all nine provincial Home Affairs offices have been processing applications. The ANC-led government has received praise for this policy of regularisation from the United Nations High Commissioner for Refugees, during the meeting of the 61st session of the United Nations High Commissioner for Refugees. We acknowledge that the department has experienced some challenges during the roll-out process, and urge it to deploy more officials to assist and ensure that all applications are processed by the cutoff date.
This special dispensation will come to an end on 31 December 2010. Therefore, we urge all Zimbabwean nationals to take full advantage of the opportunity to regularise their stay and to comply with South Africa's immigration laws. Thank you. [Applause.
The MINISTER OF HIGHER EDUCATION AND TRAINING: Thank you, Acting Speaker. I just wish to assure the member, as she has also pointed out, that as the department we are actively dealing with the matter of the Huguenot College. I have indeed asked the relevant branch in my department to prioritise dealing with this matter.
But I do wish to point out that this matter was not brought to my attention for the first time by the DA. It had already been raised with me a while back by my colleague the Minister of Social Development, Minister Molewa. [Interjections.
It is good that the DA has raised this issue, but it is very opportunistic to claim that this matter has been raised by the DA for the first time. [Interjections.] We are not asleep. We are aware. As this government, we are concerned. That is why, indeed, we do have a programme to ensure that we train more social workers in this country.
Ngiyabonga, Shlalo! [Ihlombe.] [Thank you, Chairperson! [Applause.
The MINISTER OF BASIC EDUCATION: Thank you, Deputy Speaker. Indeed, we also want to join all the members of the House in wishing the matric class of 2010 success in their exams. We also want to take this opportunity to thank private individuals who came forward to assist our learners; the business community that came out in numbers also to give support; the learners' parents; and also the very teachers who, after coming back from the strike, did work very hard to make sure that we could recover lost ground.
I am quite confident that, indeed, we have recovered lost ground. As we have been saying to our learners on an ongoing basis, they must stay focused, because no amount of complaints, blame - ID member - or even self-pity will help them through their exams. All they have to do is to work hard. It is only by working hard and staying focused that they will succeed.
This year, 2010, is their year. They should feel successful and succeed and not blame anybody, as it won't help them. So, don't tell them about anything that happened which won't appear in the exams, about who did what to them. They just have to refocus, and that's the only way they will succeed. Thank you, Deputy Chair. [Applause.
The MINISTER OF HOME AFFAIRS: Thank you, Madam Deputy Speaker. I just like to thank the hon Gasebonwe for the statement on the Zimbabwean dispensation. In order to update the hon member and other members, as of yesterday we had received 33 117 applications, and we have already adjudicated 9 890 of them.
As you know, we also announced amnesty for those who return the South African documents that they received fraudulently, if they follow the procedures and get their own documents. We have already given amnesty to 1 046 people who have returned their documents to us. So, this process is going very well.
I would like to also just say that we have opened an additional office. We have 42 offices that are dealing with this matter, so this should be adequate. We also have 246 dedicated staff dealing with this matter. Tomorrow we will add another 51 staff. So, we think, this should be enough to deal with this matter.
We would like - as the hon member did - to call on the Zimbabweans to use this opportunity and not wait until 31 December, because the offices are there, and some of them are actually underutilised. However, as there have been too many applications in Gauteng, we have opened a special additional office in Harrison and Market Streets to deal with this matter. We are confident that we are well equipped to deal with it, as long as they come on time and not wait until the last minute. Thank you. [Applause.
The MINISTER OF POLICE: Hon Deputy Speaker, I don't believe that the member here really asked the question he did. Hon George, perhaps because you are a member of the committee, you would have served this House better by explaining to the House that since the appointment of the new Provincial Commissioner in Mpumalanga, people are being arrested. Now, how Mr Nkambule died - that will be investigated by the police. I thought you would commend the police on that, especially as a member.
To the hon member from the DA: I will await your paper. I don't know whether it's a What did you say, a petition Oh, okay. I'll wait for your petition, but please don't include operational matters because I won't deal with them. There are people who deal with those things. Whether an officer is fit to hold office is a matter for operations, not a matter for a Minister. Otherwise, I will await your petition. Thank you very much. [Applause.?
The DEPUTY SPEAKER: Hon members, I wish to remind you that, after the debates on the Second Reading of this Bill and the next two Bills previously on the Order Paper, the decisions on the Second Reading of the Bills were postponed. Are there any objections to the South African Citizenship Amendment Bill being read a second time?
Mr M MNQASELA: Madam Deputy Speaker, on 16 September this year, during the debate on the same Bill in this House, I made it clear that the Minister has misled this House and the public. An alarming amendment to section 6 of the Citizenship Act allows for citizens to be deprived of their citizenship because of their engagement in a war that the government does not support.
The MINISTER OF SCIENCE AND TECHNOLOGY: Madam Deputy Speaker, on a point of order: There is no way that the member made it clear that the hon Minister had misled the House. I think he must withdraw that, because that's a very serious statement to make about an hon member. [Interjections.
Mr M MNQASELA: She did mislead the House.
The DEPUTY SPEAKER: The member will continue. We will review and come back to that.
The LEADER OF THE OPPOSITION: Madam Deputy Speaker, on a point of order: The previous speaker got up and said that that was a serious matter. This is a serious matter, this is a serious House and I take exception to the hon Minister telling me to shut up. [Interjections.] I take exception to the hon Minister telling me to shut up and I'd like her to withdraw that.
The DEPUTY SPEAKER: Hon members...
The MINISTER OF SCIENCE AND TECHNOLOGY: Madam Deputy Speaker, I never uttered such words. I have never spoken to that person in my life. [Laughter.
The DEPUTY SPEAKER: Hon Trollip, are you saying that the Minister said you must shut up?
The LEADER OF THE OPPOSITION: That is precisely what I am saying, Madam Deputy Speaker, and I am now saying that the hon Minister has spoken to me before in her life. [Laughter.
The DEPUTY SPEAKER: Can we allow the member to continue?
Mr M MNQASELA: Madam Deputy Speaker, this section applies to all citizens, not only naturalised citizens. All citizens will be rendered stateless if the current Bill goes through as is. The Minister asserted here and in the media that this applies only to naturalised citizens. We are opposed to that as it is not true.
If we pass this Bill, we will be in contempt of section 20 of the Constitution. The right to citizenship can be limited, but certainly not by arbitrary decisions of the Minister.
The DA's legal opinion tells us that this Bill cannot withstand constitutional scrutiny. The Minister has been reported as now acknowledging that the proposed amendments did not sufficiently articulate the Bill's intention. She undertook to table a proposal in this Parliament. It would be very pleasing if you, hon Minister, did so and the DA will support that proposal if you bring it forward.
However, it is important to note that this Bill, as it stands, is highly likely to be unconstitutional, and can have life-changing impacts. Even the Minister, in the statements that she has made publicly, agrees with us regarding the Bill. You know where you spoke, Minister, when you said: This Bill has implications and it needs to be brought much closer.
In addition, this Bill proposes that children who are born to parents who are foreigners will qualify for naturalisation when they turn 18. This will have very serious implications for their education and the DA proposes that these children should qualify for naturalisation at least at the age of 16. I so move. Thank you very much. [Applause.
Mr B A D MARTINS: Hon Deputy Speaker, section 3(3) of chapter 1 of the Constitution empowers this House to formulate legislation pertinent to the acquisition, loss and reacquisition of citizenship. In considering the Bill, which was debated at the last sitting of this House, a number of pertinent issues were discussed in the process of formulating the Bill into its current state.
I would remind the House that clause 6(b) of the Bill empowers any citizen who has lost his or her citizenship to appeal to the Minister in order to reinstate such citizenship that has been revoked.
The other issues that have also been mentioned here by the previous speaker have been discussed and debated at length in the said Bill that is before us. Our submission as the ANC is that we proceed with the Bill as it stands. Thank you. [Applause.
AYES - 207: Abram, S; Adams, P E; Ainslie, A R; Bam-Mugwanya, V; Bapela, K O; Bhengu , N R; Bhengu, P; Bikani, F C; Booi, M S; Borman, G M; Botha, Y R; Burgess, C V; Buthelezi, M G; Carrim, Y I; Cebekhulu, R N; Cele, M A ; Chikunga, L S; Chohan, F I; Coleman, E M; Cwele, S C; Dambuza, B N; De Lange, J H; Diale, L N; Dikgacwi, M M; Dlakude, D E; Dlamini-Zuma, N C; Dlulane , B N; Dubazana, Z S; Dube, M C; Dunjwa, M L; Fihla, N B; Frolick, C T; Gasebonwe, T M A; Gcwabaza, N E; Gelderblom, J P; Gigaba, K M N; Gina, N; Gololo , C L; Gona, M F; Goqwana, M B; Gumede, D M; Hanekom , D A; Holomisa, S P; Huang, S-B; Jacobus, L; Jeffery, J H; Joemat-Pettersson, T M; Johnson, M; Kekane, C D; Kenye, T E; Kganyago, N M; Khoarai, L P; Kholwane, S E; Khunou, N P; Komphela, B M; Koornhof, G W; Kubayi, M T; Landers, L T; Lebenya- Ntanzi, S P; Lekgetho , G; Line, H; Lishivha, T E; Mabasa, X; Mabedla, N R; Mabuza, M C; Madikizela- Mandela, N W; Madlala, N M; Mafolo, M V; Magagula, V V; Magama, H T; Magau, K R; Magazi , M N; Magubane, E; Makasi, X C; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Malale, M I; Maluleka, H P; Maluleke, J M; Mandela, Z M D; Mangena, M S; Manuel , T A; Mapisa-Nqakula, N N; Martins, B A D; Maserumule, F T; Mashatile, P; Mashigo, R J; Mashishi, A C; Masilo, J M; Masutha, T M; Mathebe, D H; Mathibela, N F; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Mayende-Sibiya, N A; Maziya, M; Mbili, M E; Mdaka, M N; Mdakane, M R; Mgabadeli, H C; Mjobo, L N; Mkhize, H B; Mkhulusi, N N P; Mlambo, E M; Mlangeni, A; Mmusi, S G; Mncwango, M A; Mnisi, N A; Mohale, M C; Mokoena, A D; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Moss, L N; Motimele, M S; Motshekga, M A; Motshekga, M S; Mphahlele, L M; Mpontshane, A M; Msimang, C T; Msweli, H S; Mthethwa, E M; Mthethwa, E N; Mtshali, E; Mushwana, F F; Nchabeleng, M E; Ndabandaba, L B G; Ndabeni , S T; Ndlanzi, A Z; Nelson, W J; Nene, N M; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngele, N J; Ngwenya, W; Ngwenya-Mabila, P C; Nhlengethwa , D G; Njikelana, S J; Nonkonyana, M; November, N T; Ntapane, S Z; Ntuli, B M; Ntuli, Z C; N'wamitwa-Shilubana, T L P; Nxumalo, M D ; Nyalungu, R E; Nyanda, M F; Nyekemba, E; Nzimande, B E; Oliphant, G G; Padayachie, R L; Pandor, G N M; Petersen-Maduna, P; Phaahla, M J; Phaliso, M N; Pilusa-Mosoane, M E; Radebe, G S; Radebe, J T; Ramatlhodi, N A; Ramodibe, D M; Saal, G; Schneemann, G D; Segale-Diswai, M J; Selau, G J; September, C C; Shabangu, S; Sibanyoni, J B; Sibhidla, N N; Singh, N; Sisulu, L N; Sithole, K P; Skosana, J J; Skosana, M B; Smith, P F; Smith, V G; Snell, G T; Sonto, M R; Sosibo, J E; Suka , L; Sulliman, E M; Sunduza, T B; Surty, M E; Thibedi, J D; Thobejane, S G; Tinto, B; Tobias, T V; Tsebe, S R; Tseke, G K; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Tsotetsi, D R; Turok, B ; Twala, N M; Vadi, I; Van der Merwe, S C; van Rooyen, D D; van Wyk, A; Xaba, P P; Yengeni, L E; Zondi, K M; Zulu, B Z.
NOES - 81: Bosman , L L; Botha, T; Carter, D; Coetzee, T W; Davidson, I O; De Freitas, M S F; Dexter, P D; Doman, W P; Dreyer, A M; Du Toit, N D; Ellis, M J; Figlan, A M; Gcume, N P; George, M E; Greyling, L W; Harris, T; James, W G; Kalyan, S V; Kganare, D A; Kilian, J D; Kloppers-Lourens, J C; Kohler-Barnard, D; Krumbock, G R; Lamoela, H; Lee, T D; Lekota, M G P; Lorimer, J R B; Lotriet, A; Lovemore, A T; MacKenzie, G D; Madisha, W M; Marais, E J; Masango, S J; Max, L; Maynier, D J; Mbhele, P D; McGluwa, J; Michael, N W A; Mnguni, P B; Mnqasela, M; More, E; Morgan, G R; Motau, S C; Mubu, K S; Ndude, H N; Ngonyama, L S; Nhanha, M A; Njobe, M A A; Ntshiqela, P; Ollis, I M; Paulse, S; Pretorius, P J C; Rabie, P J; Rabotapi, M W; Ramatlakane , L ; Robinson, D; Rwexana, S P; Schafer, D A; Selfe, J; Shinn, M R; Smalle, J F; Smiles, D C; Smuts, M; Steele, M H; Steyn, A; Steyn, A C; Stubbe, D; Swart , M; Swart, S N; Swathe, M M; Tolo, L J; Trollip, RAP; Van Dalen, P; Van de Linde, J J; Van den Berg, N J; Van der Westhuizen, A P; Van Dyk , S M; Van Schalkwyk, H C; Vukuza-Linda, N Y; Waters, M; Wenger, M.
ABSTAIN - 2: Dikobo, K J; Holomisa, B H.
Bill accordingly read a second time.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Deputy Speaker, after consultation with my colleagues, I thought to use the first minute of this debate to inform the House of an unfortunate incident that happened on the border between Mozambique and South Africa yesterday. We had two fatalities. One was a South African, a member of the Reserve Force, the other, a Mozambican. One Mozambican woman was critically injured.
We, together with the Mozambican government, have formed a joint commission to look into the matter so that we can deal with it as expeditiously as possible. In the meantime, another Reserve Force member who was involved in the incident is in the hands of the police, and we are also looking at possible wrongdoing on his part. I thought I should inform members, because it does involve our neighbours; it does involve our responsibilities.
The Second Amendment Bill of the Defence Force Act has been occasioned by three separate issues that needed our urgent attention. The first is the creation of a new dispensation for the Defence Force, with the establishment of the Defence Force Commission. The second is the creation of an obligation by Reserve Force members to serve in peace time, and the third is the definition of "military command".
To this end, this marks the end of a saga around a Bill, a saga based on a deliberate misunderstanding intended to inflame and misrepresent. However, I will come back to this later on. As it marks the end of the saga, so it ushers in the beginning of a better dispensation for the Defence Force and the opportunity to deal with the needs of our soldiers in a very unique environment that requires unique responses.
When we took over government in 1994 and adopted a minimalist approach to our Constitution, our intention was very clear. Defence had to be changed from what it was in apartheid days to reflect the ethos of the present. In our engagement and our eagerness to do this, we rode roughshod over a number of matters. We are now saddled with a situation where the conversion of the Defence Force to a department of state is not working and which impedes the development of a force as a force. We have sought, therefore, to pause awhile and create a dispensation that responds to the uniqueness of the Defence Force.
The Constitution requires the SA Defence Force to be "a structured institution managed as a disciplined military force". Internationally, service in the military differs from that in the civilian sector. The high standards of patriotism, discipline, courage and self-sacrifice that are demanded in the execution of these duties are very unlike those which you find in the civil service. Unity of command and obedience to legitimate orders from superiors are the foundation of military cohesion and the attainment of military objectives.
By their very nature, these prerequisites underscore the uniqueness of military service and therefore require a different approach towards determining conditions of service within the military. The proposed establishment of the National Defence Force service conditions responds to this need and seeks to create a unique military service dispensation outside the general Public Service.
With this legislation, we create the commission that will do for the Defence Force what the Public Service Commission does for the Public Service. The Minister of the Public Service and Administration issues regulations that govern the Public Service. The regulations governing the Public Service can hardly be the environment in which we manage a military force.
Through this legislation today, we will now have the Minister of Defence issuing the regulations for the Defence Force. These regulations are called - and I underscore this - conditions of service for the Defence Force, with recommendations that come from the commission. In the Public Service, these conditions are called conditions of service of the Public Service. So too, in the Defence Force, do we call them conditions of service for the Defence Force. They will cover a whole range of matters, from promotions to rank, and many others. In short, conditions of service cover the totality of how the state relates to the Defence Force, and the terms of engagement, as it were.
Unfortunately, the reading by some of us, fuelled also by the media, has been a misreading of the conditions of service relating to salaries and living conditions. It is not about what you have been reading in the media. The Bill relates to conditions of service, which is a technical term used exclusively in the Public Service to mean the conditions under which both the state and the entity will abide as they continue to conduct their relationship.
Through this Bill, the commission that will be established will align us with internationally accepted best practice. A commission of this nature is part and parcel of the governance structures of the Defence Force. We have sought and received a great deal of support from the Public Service Commission. They see in this sectoral, but much-needed, help in their constitutional mandate. We have negotiated what we will be responsible for and remain committed to ensuring that we will provide the Public Service Commission with reports on our work on an annual basis.
Having said that, please allow me to offer my profound gratitude to the Interim National Defence Force Commission, whose job included assistance in crafting the Bill before you now. For the past two years, the department has been engaged in studies involving several countries, and when the interim commission was established, the work was handed over for them to complete. I wish to thank them most sincerely, and especially those of them who are in this House, for the hard work they have put into this.
I want to underline here that the creation of the Defence Force Commission had nothing to do with the protesting soldiers. It is a commission mooted two months before the protests in this House during my Budget Vote speech on 3 July 2009. It is an institution we established in the intelligence services in 2002 and it worked very well. It gave me the experience that I sought to bring into this environment.
It is an institution the Defence Force has been battling to establish for some time, and at this point I would encourage the hon Lekota to listen. Had the hon Lekota not been busy fighting for the leadership of the ANC, he might have attended to this much earlier. However, we are here now and we are attending to the matter, hon Lekota. [Applause.] [Interjections.
When the interim commission has concluded its work, the report will be presented to Cabinet and, thereafter, tabled here. I repeat, for emphasis, that the establishment of the commission was not in response to the deplorable conduct that took place at the Union Buildings. Instead, the Bill establishes a mechanism to deal with the unique position of the Defence Force and the governance that it requires. I move on.
Secondly, the Bill, in its amendment, fills a lacuna we experienced in the appointment of Chiefs of the Defence Force. What we have defined here is "military command". This is spelled out in the Constitution, section 202(1), and it directs the President to appoint the military command of the Defence Force. The Constitution, however, does not define or provide any guidance on who would constitute the envisaged military command. The Defence Act, 2002, also does not provide any guidance in this regard. The proposed insertion of a new section 4(a) of the Defence Act Amendment Bill seeks to address this lacuna in the law and create certainty as to the composition of the military command.
The military command, as agreed to by the portfolio committee, consists of the following: the Chief of the Defence Force, the Chief of the SA Army, the Chief of the SA Air Force, the Chief of the SA Navy, the Surgeon-General, the Chief of Joint Operations, the Chief of Defence Intelligence, the Chief of Human Resources, and the Chief of Logistics. This composition is informed by the level of the posts, which is a three-star-level general, and the responsibility for the command of the forces under them.
Finally, the Bill also regularises the deployment of the Reserve Force in peace time, a much-needed step that will assist us in overcoming a number of impediments. Reserve Force members currently serve on a voluntary basis or render service in terms of a contract. Put simply, they are only compellable to serve during war time or a state of national defence. Now that we have this Bill before us, we are hoping to utilise this much-needed resource to assist us in the work that we are doing, especially around the borders.
I thank all of those members of the committee who supported the Bill. The Defence Force needed this a long time ago, and now that we have come to this, I would like to thank them most sincerely, despite the glitches that we had with assenting to this Bill. Thank you very much. [Applause.
Mr M S BOOI: Thank you, Deputy Chair and Deputy Speaker. Thank you, Minister, for being able to put into perspective what we think is very important regarding Defence and Military Veterans. The work is done and we have engaged on it. We have gone through the legislation and it is in front of Parliament now. Different members of our committee have really applied their minds. As the Minister has already indicated, we are very thankful for the type of work that we have been able to do together.
The work that we have done has always been in consideration of the ordinary soldier in terms of what is expected of him and what he expects from Parliament. We have managed to do that work.
I must indicate, Minister, to you today again, that the level of reporting that has taken place through your annual report and through your speech today clearly indicates to us that the winds of change are taking place within Defence itself. We do sincerely hope that the contribution that we are making as Members of Parliament will be able to help you to strengthen your hand in being able to do what is in front of you.
Regarding a concern that was expressed on the role that should be played by the service commission, we have been able to get around it. Regarding the matter that has been raised in that it might create some unconstitutionality, we have been able to deal with it.
We have indicated to you and to the broader service that what was called irregular expenditure - an amount of R1 billion - we have been able to sort out today. We have applied our minds and, within the Bill, we have been able to say that we are giving you back that power, the power to be able to decide. It is a necessary power that we thought should be legislated.
The issues that have been indicated in terms of the Bill, that there is a dysfunctional Military Bargaining Council and Military Arbitration Board, are challenges. We are very clear in our minds as Members of Parliament that it is not our obligation to assist the trade union movement to be put together with Defence. Your job is not to go and create unions. If there are those who are interested in doing that, let them do that. But we have an obligation to be able to make decisions on behalf of Defence.
So, when we introduce section 55(3) that gives you the power to make decisions on behalf of Defence with the interim commission, we are quite clear that you deserve to do that because it is not your responsibility to make sure that the Military Bargaining Council and the Military Arbitration Board function. We do know, as a matter of fact, that you tried it and you tested it, former Minister, and that it was always judged against you.
As Members of Parliament, using the institution itself and our power for legislating, we have arrived at that particular decision and we have given the power back to the Minister to be able to make that type of decision.
With the primary Bill, we would constitute those structures. But we say that that power should rest with the Minister to use whenever she thinks things are very difficult in the department and she is unable to tolerate them.
We have also applied our minds quite strongly to the issue that has been raised by one of our members in terms of national security and the commission itself. We thought it was an important development, and we need to be able to protect it and be able to give power to it because the permanent national commission will have a lot of access to the department itself and that might touch on sensitive areas. We thought that that power should not be taken away. Our encouragement is that whenever you come across confidential reports in the department, those reports must not be accessed by the department.
In terms of the mindset of the committee, we are dealing with a military institution that deals with life and death. It is very important that we should be able to protect those men and women who are active in the department. This is not to say that we don't recognise transparency; we do, but we say that there will definitely be a lot of sensitive information that will go through the hands of the commission, and that has to be protected in the interests of our own country and the security of the country. We do give that power to the national commission to reflect on it.
We have also dealt with the issue that if ever a Reserve Force member, or anyone of us here, feels that he cannot go through the processes put in front of him and feels that his democratic rights are being taken away, we will definitely maintain, after applying our minds, that we are not here to criminalise different people who want to come in as Reserve Force members. However, we maintain that it is in the interests of those who want to play an active role in the Defence Force that we should encourage them to go into the Reserve Force. But it is recognisable that we should also not undermine our Constitution and some of the rights of individuals. We therefore crafted the Bill in a manner that it protects that particular right so that people do try all mechanisms. But at the end of the day, the appealing board and final appealing person will be the Minister herself.
We have been very clear that this is a ministerial commission, and not a presidential commission. We have given quite number of powers to the Minister to be able to run the Ministry and the commission itself. We were not blind to that. We are quite conscious about it after having applied our minds to and engaged with it.
Even at the level of looking at the different commissions, we are giving you that particular power regarding the nominations and creation of the nomination board, not because of overzealousness, but after a lot of interrogation and reflection within the committee on the challenges and the nature of these types of commissions and where those types of powers reside. The committee has come to the decision that it is not a presidential commission but a ministerial commission.
For us to be able to make these types of decisions and to give the Minister the capacity to make decisions, it should remain her responsibility that she gets to be the one who controls the commission and makes sure that the commission does deliver on the expectations because it is an advisory body to her. It is not a body that lies all over; it's an advisory body that is going to assist the Ministry to have the capacity to be able to do and make decisions within the institutions. For us, that is a very dynamic and progressive thinking to allow the Minister to be the one who takes full responsibility.
With regard to the reflection on the military command, as the Minister has already outlined, we thought that those powers, as reflected in the Bill, are powers that could be shared. But after reflecting on the Constitution, we realised that that responsibility is the sole responsibility that we would have to give to the President himself. That is what the committee seems to have come to an agreement on - that the military command has to be commanded by the President himself as Chief of Defence, as directed by the Constitution. We have been able to give that responsibility to him to be able to reflect on it.
I must again thank the different members who were part of the committee. While there have been issues that we would all have eagerly wanted to be expressed earlier, throughout the work that we have been able to do in the past two weeks, it became very clear to us, that, one, the defence of the Constitution was very important and that's what members have been able to apply their minds to as they created legislation; and, two, it was very important that we maintained the integrity of Parliament, which has been maintained without a fight or tension between any people. We think the Bill reflects all those things, and the challenges have been incorporated in a helpful manner.
On behalf of the committee, I still want you to be able to say to the Minister that we do want to thank the interim commission that has been able to play that role. On our behalf, I would like to pass on our thankful regards to the commission for the manner that it handled this particular matter. We will be able to strengthen all these things in the near future. We do know from where we are seated that we have encouraged a relationship between ourselves and the commission. When the commission gets constituted, it will have to come back to Parliament, after it has reported to the Minister, and make sure that it does put a report before Parliament.
We have incorporated one or two sentences to say that sometimes you have to make some of the reports public so that you can know what is going on. So, Parliament will be the type of institution to sit down and receive those reports, go through them, reflect on them and see if they are able to help the ordinary soldier. That's the challenge, and we want to thank all members of the committee. Thank you, Chairperson. [Applause.
Mr D J MAYNIER: Chairperson, the Defence Amendment Bill triggered an unprecedented political battle between the executive and the legislature, the outcome of which reflects poorly on the state of our constitutional democracy. The debate today should, therefore, focus not just on the merits of the Defence Amendment Bill, but also on the political battle that the Defence Amendment Bill triggered.
The Defence Amendment Bill's primary objective is to establish a permanent Defence Force Service Commission. The Defence Force Service Commission's purpose is to advise the Minister of Defence and Military Veterans on the improvement of service conditions in the Defence Force. We support the establishment of the permanent Defence Force Service Commission, because it will go some way towards improving the service conditions of our soldiers in the Defence Force. However, that should not be taken to mean that we support all the provisions in the Defence Amendment Bill which, in the end, was rammed, legislative warts and all, through the Portfolio Committee on Defence and Military Veterans.
On 26 August 2009 more than a thousand soldiers participated in a protest march which turned violent when soldiers went on the rampage in front of the Union Buildings. These soldiers did irreparable harm to the reputation of the Defence Force. But, at the same time, they focused political minds on the deplorable service conditions in the Defence Force. To her credit, the Minister moved swiftly to put a battle plan in place to deal with service conditions which included, despite what the Minister may say, establishing an interim National Defence Force Service Commission.
The commission was established, inter alia, to investigate and provide advice to the Minister on remuneration and service conditions in the Defence Force. By visiting several military formations, the commission aimed, in their own words, "To gain a deeper understanding of the nature and depth of the issues facing the SA National Defence Force". The commission was evidently so shocked by what they found, that they described service conditions in the Defence Force as a ticking time bomb.
Because of this, the commission produced two interim reports which were submitted to the Minister before the end of 2009. The interim reports were reportedly explosive and concluded that troop morale was so bad that it could threaten state security. This, of course, is a devastating indictment, not only of the civilian leadership of the Defence Force, but also of the military leadership of our Defence Force.
The Portfolio Committee on Defence and Military Veterans requested copies of the interim reports, because the interim reports were, after all, the only official findings and recommendations on service conditions in the Defence Force. But the Minister dug in her heels and refused to make the interim reports available. This triggered, firstly, a sort of Mexican political standoff, and then a full-scale political battle between the Minister of Defence and Military Veterans and the Portfolio Committee on Defence and Military veterans. What follows is a very short summary of these events.
The portfolio committee "loaded" with a legal opinion advising that the Minister could be compelled to produce the interim reports; then the portfolio committee "fired" - with a letter urging the Minister to produce the interim reports; the portfolio committee then "took cover", because it was not long before the Minister "fired back" with a legal opinion advising that the interim reports could not be produced because of executive privilege.
But the Minister made a fundamental error, because she did not score a "political head-shot" and so it was not long before the portfolio committee fired back: requesting that the reports be produced within a reasonable period of 30 days; stating that until the interim reports were received deliberations on the Defence Amendment Bill would be suspended, and suggesting that if the interim reports were not produced the portfolio committee reserved the right, as a last resort, to compel the Minister to produce the interim reports.
The fact that the portfolio committee had effectively given the Minister a deadline to produce the interim reports and had threatened what amounted to a "legislative go-slow" was a major escalation in the political battle. One could almost hear the political alarm bells ringing, not only in the Presidency, but also in Luthuli House.
At this point the Minister fired back, but this time with some very heavy-calibre political weapons which included the Deputy President Kgalema Motlanthe, the Leader of Government Business and Tony Yengeni, chairperson of the ANC NEC's subcommittee on peace and stability.
In the end, the ANC NEC's subcommittee pronounced ominously that: "We take a dim view of ANC deployees who make premature public announcements on the Defence Force Commission's interim report before all due processes are concluded."
Mr M S BOOI: Hon Chairperson, order!
The HOUSE CHAIRPERSON (Mr K O Bapela): What is your point of order, hon member?
Mr M S BOOI: I thought that we were debating the Defence Amendment Bill not these issues. This debate has nothing to do with the issues he is raising. If I were chairing, I would have reflected totally differently on the issue. [Interjections.] This has nothing to do with the Defence Amendment Bill that has been presented.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon members, I can't hear now. You are making a noise.
Mr M S BOOI: What I'm saying, Chairperson, is that the issues the member is dealing with have nothing to do with the Defence Amendment Bill. [Interjections.] They have never been debated anywhere, and the things that he is reflecting on are misleading the House. They have nothing to do with anything. He is talking more about press statements than about what happened within the committee itself.
Mr M J ELLIS: Mr Chairman, on point of order, Sir. The hon Booi cannot stand up and say that the member is misleading the House. The hon member is making a speech. Under what circumstances does the hon Booi say that this member is misleading the House That is unparliamentary. [Interjections.?
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon member, I do not want to go into issues of misleading of the House, because there is still an outstanding ruling that is going to come to the House. So, we will then come to that issue later, combining it with the other one. But for now, the member should continue with his speech. I think that he was just describing the processes that led to the Bill itself being concluded. [Applause.
Mr D J MAYNIER: Thank you, Chairperson. As the hon member often likes to advise me: Be patient; I will get round to it. In the end, the ANC NEC's subcommittee pronounced ominously that, "We take a dim view of ANC deployees who make premature public announcements on the Defence Force Commission's interim report before all due processes are concluded. We caution that such acts border on ill discipline."
The implication for ruling party members on the portfolio committee was clear: back down or you may be disciplined. With that the portfolio committee, with the exception of me, then furiously waved their white handkerchiefs and effectively surrendered to the Minister. [Interjections.
In the end, democratic centralism of the ruling party made sure that Parliament was subordinate to the party, and in so doing undermined our constitutional democracy.
Ruling party members of the portfolio committee had effectively been brought back into line by what amounted to a political sjambokking by the Minister. So it was not long before the portfolio committee snapped to legislative attention and began deliberations on the Defence Amendment Bill. But after their political sjambokking, ruling party members of the portfolio committee appeared to get such a big "skrik" that they would not contemplate suggestions for any amendments to the Defence Amendment Bill. In the end, the Defence Amendment Bill was rammed through the Portfolio Committee on Defence and Military Veterans.
We support the establishment of the Defence Force Service Commission, because it will go some way towards improving conditions in the Defence Force. But we have reservations.
The fact is that in terms of this legislation the Minister has wide powers to appoint members of the commission, to intervene in the work of the commission and to terminate the employment of members of the commission. The commission will also be accountable to the Minister and not to the Minister and Parliament. Annual reports should not ominously contain: "Confidential information that may be detrimental to national security."
Taken together, this means that there is a danger that the commission will end up beyond the scrutiny of Parliament. Moreover, the fact is that the portfolio committee was advised that the section 55 amendment may possibly be unconstitutional.
Let me conclude with a cautionary note. We must not raise expectations of the National Defence Force Service Commission to unreasonable levels. The National Defence Force Service Commission will not and cannot solve the service condition crisis in the Defence Force on its own. We have to ensure that the chain of command functions effectively and deals with service condition problems before they explode on the streets, as in the protest march in front of the Union Buildings.
But in the end, we support the establishment of the Defence Force Service Commission, because it will go some way towards improving service conditions. This is a step in the right direction, and for that reason we support the Defence Amendment Bill with reservations. I thank you. [Applause.
Mna L J TOLO: Mohlomphegi Modulasetulo, pele ke tšwela pele ka Molaokakanywa wa rena, ke rata go phošolla temana ye nngwe. Ke gopola gore Tona ya tša Tšhireletšo le Bagale ba Seš ole o imelwa ke kgoro ye ya gagwe. Ke a dumela gore ba swanetše ba mo fetole. Ke a ikwa ge ke bolela ka tsela ye. Ke bolela se ka lebaka la gore ke ile ka mmotšiša potšišo re le kopanong gore na ke kae moo mašole a nago le mokgatlo lefaseng - kontinenteng le ditšhabatšhabeng. Tona o ile a palelwa ke go araba potšišo ye gomme a re ke ye go botšiša mopresidente wa Cope, Khomoreiti Terror Lekota. Le lehono o sa dutše a bolela ka tsela ye. Se se bontšha gabotse gore o a imelwa. Ke gopola gore ba mo humanele se sengwe se bonolo. Le ga bjale ga se nke a nkarabe. Ke sa letetše karabo.
Tona, re le ba Cope re thekga Molaokakanywa wo. Eupša ke rata go laetša gore karolo 62(c) go Molaokakanywa e bolela ka ga go hlongwa ga komiti yeo e swanetšego go bopša ke banna le basadi. Se se bohlokwa. Eupša re swanetše go hlokomela gore go se šome taba ya go kgetha ka boleloko gomme go kgethwe batho bao ba nago le bokgoni bjalo ka seo se diragetšego dikgethong tša khomišene ya lebakanyana yeo e lego gona. E na le banna le basadi bao ba nago le maikarabelo.
Ge re ka šoma ka boleloko, re bea naga ya gaborena tseleng yeo e sego yona. O tla humana motho a se na tsebo eupša a fiwa mošomo wo itšego ka gore e le leloko la ANC. Ka mantšu a mangwe, gore motho yo a gole ke phošo.
Ge re thekga Molaokakanywa wo re thekga naga ya gaborena gore e sepele gabotse. Mohlomphegi Booi o boletše ka mekgatlo. Setšweletšwa sa Cosatu se ile sa nkgakantšha. Ga se se gakantš he nna ke le noši. Cosatu e gapeletša gore mokgatlo wa mašole o akaretšwe go Cosatu. Se se ra gore mokgatlo wo o ka gare ga mokgatlo wa dipolotiki gomme o tla ba le kgwerano le ANC. Taba ye ga e gabotse. Mašole a swanetše gore a ikemele ka bowona. Ke a rena ka moka. Re le ba komiti, ga se re dumelelane le taba ya mohuta wo. Ba laeditše gore ge re sa dumelelane le taba ye ba tla tšea kgang le rena pele ga Kgorotsheko ya Molaotheo. Re le setšhaba sa Afrika-Borwa, re duma gore re be ngatana e tee tabeng ye.
Tona, komiti ya khomišene ye e tlogo kgethwa e bohlokwa. Mašole a rena a na le mohola, gomme megolo ya bona e swanetše go hlokomelwa. Go bolela nnete, seo re se bonego se diragala kua Union Building ga se botse. Re dira boipiletšo bja gore mašole e be mohlala wo mobotse bathong. Re le ba Cope re rata mašole a rena. Eupša go a baba ge mašole a rena a emelela a šwahla Union Building mola e le bona ba swerego dibetša tša rena. Bjale, re dira boipiletšo bja gore ba be le maitshwaro a mabotse.
Eupša re swanetše go kgonthišiša gore mašole a rena a a kgotsofala. Re swanetše go leka go hlokomela megolo ya bona le moo ba šomelago gona gore tše ka moka di sepele ka tshwanelo. Le ge karolo 62(c), temaneng ya pele go fihla go ya boraro, e laetša gore go be le banna le basadi tabeng ya go kgetha komiti, re swanetše re lebelele le taba ya go akaretša merafe ye mengwe komiting ye. [Tšhwahlelo.] Ke a leboga. [Legofsi.] (Translation of Sepedi speech follows.
Mr L J TOLO: Honourable Chairperson, I would first like to correct something, before I continue with the Bill. I think the Minister of Defence and Military Veterans is unable to manage this department and should therefore be replaced. I hear what I am saying. I asked the Minister one day in a meeting to tell me of any place in the world where members of the Defence Force are affiliated to a union. The Minister did not give me an answer but instead told me to go and ask the Cope president, Comrade Terror Lekota. She is still repeating the same thing today and this shows that she is unable to manage the department. I think they should find her something easier to manage. Even now she has not yet answered me, I am still waiting for an answer.
Cope supports the Defence Amendment Bill. According to section 62 (c) of the Bill, we have to establish a committee and in that committee both males and females have to be represented. We have to nominate people according to their competency but not according to their political affiliations. We nominated competent people in the current interim commission. The members of the current interim commission are responsible men and women. Cadre deployment is unacceptable because it will mislead the country. People should be employed based on their competency but not on the fact that they are ANC members.
By supporting this Bill we are also supporting the smooth running of things in our country. Hon Booi talked about trade unions and we are confused by the fact that Cosatu is forcing the SA National Defence Union to join the alliance, meaning it will have political alliance with the ANC. We are against this as the committee members because the SA National Defence Force represents the whole nation. They even threatened to take us to the Constitutional Court if we do not agree on this matter. We would love to see the South African nation working together on this matter.
The committee that is to be nominated is very important. The members of the SA National Defence Force are playing an important role and therefore their needs have to be taken care of. We were not impressed by what happened at the Union Building and we therefore call upon the members of the SA National Defence Force to behave themselves well and be a good example to the public. We do love the members of the Defence Force as Cope members and we do not want to see what happened at the Union Building.
We have to ensure that the members of the SA National Defence Force are satisfied with their salaries and the conditions of their work environment. Even if the first three paragraphs of section 62 (c) indicate that both males and females have to be represented in the committee to be nominated, we should also nominate across the diverse racial groups. [Interjections.] Thank you. [Applause.
Mr M A MNCWANGO: Hon House Chair, the Defence Amendment Bill seeks to ensure the contingent availability of all Reserve Force personnel at all times, inclusive of peacetime, as well as establish a permanent Defence Force Service Commission. Whilst the IFP strongly supports both of these initiatives, we also wish to raise the following reservations associated therewith.
One, the appointment of the commissioners by the Minister to the Defence Force Service Commission is most irregular, and will not lend itself to an accountable executive. Our country is already faced with enough incongruities regarding accountability in government. Surely, we should be looking at drafting legislation that enhances rather than detracts from an accountable executive.
Two, in terms of the current appalling service conditions faced by our servicemen and -women in the Defence Force, we note that the Defence Force Service Commission has been set up to address exactly these issues, but we urge the Minister to prioritise this aspect of her portfolio and implement immediate corrective actions herein.
Three, the IFP is still waiting, with bated breath, for the opportunity to revisit the issue of military veterans. We need to revisit the issue of the integration process, which left out a number of combatants who had sacrificed their future to join the liberation struggle. In addition, the IFP also believes that we need to relook at the definition of what constitutes a military veteran, so that we ensure that not a single person who contributed to the liberation and democracy of our country is left out.
In conclusion, this Bill is in a sense a natural evolution of our Defence Bill, the amendments seeking to address certain gaps and deficiencies therein. And we, as the IFP, although subject to our reservations as stated before, support the Bill. I thank you.
The HOUSE CHAIRPERSON (Mr K O Bapela): Thank you, hon member. The hon N R Mabedla, I understand, is making her maiden speech, so if you could note that please. [Applause.
Ms N R MABEDLA: Hon Chairperson, as an elected representative of the people in an open and democratic society based on human dignity, equality and freedom, the National Assembly should, according to section 42(3) of the Constitution, ensure government by the people under the Constitution. Government by the people is the essence of constitutional democracy, which in principle is underpinned by the maxim: "The voice of the majority shall prevail, and the voice of the minority shall be heard." In this regard, while the majority enjoys prominence, the minority views should however be neither diminished nor disregarded.
In her 2009 budget speech, delivered to the National Assembly on 3 July, the Minister of Defence and Military Veterans said: "I stand very proud that there is not a single South African that needs medical assistance at affected public hospitals that is not provided such assistance, as the Defence Force has stepped in to fill the gap left by the striking medical practitioners." This is but one of innumerous testimonies to the commitment of the Defence Force in not only securing South Africa, but also ensuring that the right to health and other rights in the Bill of Rights are protected, promoted and fulfilled.
As Parliament, we take our hat off in saluting the women and men of the SANDF for their display of gallantry and patriotism, particularly during the recent public-sector strikes, and at a time when the nation needed their help the most. Our commitment to building a national democratic society characterised by, inter alia, nonracialism and nonsexism is entrenched in section 9(3) of the Constitution, which states that: "The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth."
In this regard, the ANC is committed to ensuring that women are allowed to take their rightful place in every area of South African life without impediment or discrimination. It is in recognition that patriarchal oppression was also embedded in economic relations that its manifestations and consequences, such as open or hidden exclusion from positions of authority and power, need to be eliminated.
In that light we want to acknowledge the gender transformation that continues to take place in the department. We, however, want to urge the department to fast-track the process of gender transformation. All programmes of the Defence Force must begin to reflect the demographics of our population, and thus we need to have more women, especially black women, trained and employed as fighter-jet pilots, navy captains, engineers, etc. It is in our government departments, such as the Department of Defence and Military Veterans, that we can and should be able to reverse and defeat the twin legacy of apartheid and patriarchy.
Coherence and focus are essential to maximum output and successful achievement of outcomes. A Defence Force management should in this regard be empowered to exercise full authority over all members of the Defence Force at all material times. However, this is currently not the case with our Defence Force, as it currently has limited powers when it comes to Reserve Force members.
The Reserve Force currently serves on a voluntary basis and renders services in terms of a contracted period. Furthermore, members of this force have no statutory obligation to report for training, exercises or any deployment for border-line control or peacekeeping purposes. The Reserve Force can only be compelled to serve in times of war, states of emergency or states of national defence.
However, if the Reserve Force is to serve as a force multiplier, it is critical that the Reserve Force members are compelled to serve once they have volunteered and when required by the SANDF both for training and operations. Enforcing of individual contracts through courts consumes a lot of time. Certainty demands that a matter of service in the Defence Force should not be left to the whims of an individual but to legislation. This approach will have the effect of eliminating contractual disputes at a later stage. In light of this background, as the ANC we support this amending Bill. I thank you. [Time expired.] [Applause.
Mr B H HOLOMISA: Chairperson, hon Ministers and hon members, from reading the daily newspapers and the department's annual report we are deeply concerned about whether our Defence Force is in a state of readiness. Whilst we welcome this Bill, it should be noted, however, that it will not produce the desired results if government does not view military security as one of its priorities.
It would be prudent for the Department of Defence and Military Veterans to immediately produce a new Defence Force review, which would enable government to determine where Defence fits in in terms of national priorities. This is necessary since the previous review is 12 years old, and does not take into account the Defence Force's mandate to participate in peacekeeping missions nor its renewed border-patrol duties.
It should be clear to everybody that by approving this Bill, we are endorsing a general practice all over the world, namely, that a Defence Force is a unique service requiring a special human resources legal framework. The provisions in this Bill for the appointment of a permanent Defence Force Service Commission is intended to ensure that this special legal framework is properly managed.
The success of this Bill will largely depend on the readiness and willingness of the Defence Force leadership. There also needs to be closer co-ordination between the Department of Defence and Military Veterans and the Department of International Affairs, to ensure that the Defence Force is not committed to duties for which it has no budget, training or equipment.
Finally, one of the long-term human resource factors that needs consideration is the career prospects of soldiers. What is being done to provide soldiers with the skills that will help them find employment once they retire from the Defence Force We hope that this Bill will make it easier and quicker to address the grievances of soldiers as well. The UDM supports the Bill. I thank you. [Applause.?
Mnr P J GROENEWALD: Agb Voorsitter, daar is nie twyfel dat die instelling van 'n permanente militêre dienstekommissie die korrekte ding, op die regte tyd en op die regte plek is nie. Inderdaad ja, ek wonder wat dink die agb Mosiuoa Lekota, die voormalige Minister van Verdediging, as hy hier sit en na al hierdie kritiek luister. Ek wil vir die vorige Minister sê dat hy die weermag laat verrot het. Dit is nie 'n goeie ding om teen u naam te hê in die geskiedenis nie. Dit is dus nodig dat ons hierdie kommissie het. (Translation of Afrikaans paragraph follows.
[Mr P J GROENEWALD: Hon Chairperson, there is no doubt that the introduction of a permanent military service commission is the right thing, at the right time and in the right place. In fact, I wonder what the hon Mosiuoa Lekota, the former Minister of Defence, is thinking as he sits here and listens to all this criticism. I want to tell the former Minister that he let the Defence Force rot away. That's not a good thing to have against your name in history. So it is necessary for us to have this commission.
The FF Plus, however, differs on clause 2: the definition of the military command. That was thumb-sucking. There are no direct criteria to say that it is lieutenant generals and upwards. That is not acceptable. What happened is that the Military Command Council was taken with the exclusion of the commander of the reserve forces. That is, in effect, what it is.
As lid van die kommissie wil ek vandag vir die agb Minister sê dat 'n Lid van die Parlement - en dis my persoonlike ervaring - nie die tyd het om ook 'n lid van die kommissie te wees nie. Daardie lid gaan óf sy parlementêre pligte óf die werk van die kommissie laat skade ly. Dink daaraan.
Minister, dit is ongelukkig ook so dat ons vir mekaar moet sê dat die verslae van die bestaande kommissie wel 'n bepaalde leemte gelaat het. Die agb Maynier is reg rakende sekere goed wat hy sê, alhoewel ek verskil oor ander aspekte.
Wat ons wel vasgestel het is dat dit 'n werklikheid is dat 'n portefeuljekomitee nie die mag het om 'n Minister te dwing om 'n verslag daar te stel voor dit nie by die Kabinet was nie. Dis 'n leemte in die parlementêre Reëls waarna gekyk moet word. As die Minister dit gebruik, dan is sy reg oor wat dit is. Hierdie wetsontwerp bewys nou egter dat daar 'n jaarlikse verslag van die kommissie aan hierdie Parlement voorgelê moet word. Dan sal ek sê dis beter om voort te gaan om hierdie wetsontwerp goed te keur en die VF Plus sal dit ondersteun. (Translation of Afrikaans paragraphs follows.
As a member of the commission I can tell the Minister today that a Member of Parliament - and this is my personal experience - does not have the time to be a member of this commission as well. That member will do damage to either his parliamentary duties or the work of the commission. Keep that in mind.
Minister, unfortunately it is also true that we must admit to each other that all the reports of the current commission have left a certain gap. The hon Maynier is correct regarding some of the things he has said, although I differ on other aspects.
But we have determined that it is a reality that a portfolio committee does not have the power to force a Minister to make a report available before it has gone to Cabinet. This is a deficiency in the parliamentary Rules that should be investigated. If the Minister should use it, she will be correct in that regard. This Bill now proves, however, that an annual report by the commission must be submitted to this Parliament. I would therefore say it is better to proceed and agree to this Bill and the FF will therefore support it.
Mr A M MAZIYA: Hon Chairperson, hon Minister, Members of Parliament, I want to start my speech by quoting from the summary of the minority judgment in the Dikoko case on ubuntu by Judge Albie Sachs.
Ubuntu is more than just a phrase to be invoked from time to time to add a gracious and affirmative gloss to a legal finding already arrived at. It is intrinsic to and constitutive of our constitutional culture. Historically, it was foundational to the spirit of reconciliation and bridge-building that enabled our deeply traumatised society to overcome and transcend the divisions of the past. In present-day terms, it has an enduring and creative character, representing the element of human solidarity that binds together liberty and equality to create an affirmative and mutually supportive triad of central constitutional values.
Ubuntu is indeed South Africa's gift to the world which transcends race, class, culture and gender barriers. Ubuntu is the glue that keeps humanity together because by affirming "I am because you are," imposes an obligation on everyone to not only be his brother's keeper, but to be ready to lay down his life for the sake of his brother or sister.
I venture to say that no greater form of humanity and no greater form of patriotism than the willingness to lay down his life for the sake of others can be demonstrated by anyone. It takes an exceptional character to demonstrate hatred for a system that thrives on oppressing and segregating the indigenous and the majority, not by rhetoric and well-sounding words, but by taking up arms against all odds to fight against the system.
Mama, tell my people I love them. My blood will water the tree of freedom. We shall overcome, we shall overcome someday. Deep in my heart, I do believe we shall overcome.
It is indeed a poignant and significant moment for all of us who sit in these Chambers and craft laws, secure in democracy which we owe to our veterans. It has taken us as a government a long time to get to this point. We recognise that without you, we would not be who we are, where we are. Finally, you are in your rightful place and that is cause for celebration.
I stole from your words, Minister.
The formation of Umkhonto Wesizwe, MK, on 16 December 1961 was a response to the brutality of the apartheid regime towards peacefully demonstrating civilians, as evidenced by the merciless shooting of the Sharpeville and Langa peaceful demonstrators. From thenceforth, MK continually attacked centres of apartheid symbolism, and the South African Defence Force, SADF, and its agents were at pains - running helter-skelter - to try to neutralise the elusive and agile MK-guerillas.
Arguably, the turning point was the memorable humiliation and defeat in the 1980s of South African Defence Force, SADF, by MK and Cuban soldiers at Cuito Cuanavale in Angola. The battle of Cuito drove the regime to the negotiation table whose outcomes were, among other things, the integration of the armed forces under one wing [Interjections.
Mr P J GROENEWALD: Chairperson, on a point order: I just want to ask to which clause the hon member is referring in his speech because there were complaints from the hon Booi that there was no reference to the Bill just now. I did not see uMkhonto weSizwe in there. I did not see Cuito Cuanavale in there. Which clause is he referring to?
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon member, that is not a point of order. It is the nature of the debate. Could we allow the member to continue?
Mr A M MAZIYA: Hon Groenewald, just listen. I know you were a soldier at the time. It should be appreciated that the integration of former blood enemies under one flag and command and control had and still continues to have its challenges and casualties. It is common cause that former MK and Apla - Azanian People's Liberation Army - members were not receiving treatment equal to that of former SADF and TBVC states' soldiers.
This kind of discrimination has demonstrated itself in disparities and opaqueness in ranking of soldiers, remuneration and other service benefits. It was indeed as if the liberated had turned their backs against their liberators. What a painful sight it was to behold those who sacrificed their future and put their lives on the line to liberate their people, being relegated to the peripheries and margins of the very society they fought to liberate.
This Bill offers an opportunity to us as members of this august House of Parliament to demonstrate ubuntu to sons and daughters of South Africa who have dedicated their lives to and have vowed to even put down their lives in order to secure this hard-won democracy. It is now our turn as legislation crafters to demonstrate our heartfelt gratitude and acknowledgment for the sacrifices of the gallant men and women of the SA National Defence Force, SANDF. We would not be who we are and where we are.
The Bill establishes a Defence Service Commission whose functions, inter alia, will be to make recommendations to the Minister on improvements in salaries and service benefits; make recommendations to the Minister on policies in respect of conditions of service; consider, among other things, the rank structure of the Defence Force; and also consider, among other things, affordability of different levels of remuneration.
The commission is but one step towards fair and equitable treatment of the members of the Defence Force, not only verbally, but materially. The effect of the commission will be to improve the employment conditions of all Defence Force members. It is the commission that, through its investigations and consultations with members of the Defence Force and any other interested person or body as provided for in section 62(b) of the bill, will recommend to the Minister a workable plan to improve service conditions [Time expired.] [Applause.
The HOUSE CHAIRPERSON (Mr K O Bapela): Order! While the Minister comes to the podium, I want to say that the hon member was quoting Solomon Kalushi Mahlangu, and I saw some members remonstrating this. I hope it is parliamentary, and will not be regarded as unparliamentary. Thank you. Hon Minister...
The MINISTER OF DEFENCE AND MILITARY VETERANS: So, do I understand you to say this is parliamentary Thank you, Chairperson?
Chairperson, I wanted to start off with the question asked by the hon Groenewald of what relevance the input of the hon Maziya has on this Bill.
I was actually touched by the passion that the hon Maziya has for the Defence Force. I'm touched by the passion that he brings to his work; and I want you to compare it to the egotistic, vacuous rantings of some other member that we have in the committee.
Who could I be referring to I wonder if Parliament allows me to be general. Just take any other, and if you feel worried about people who are vacuous then perhaps you have a guilty streak in you. However, I want to thank the hon Maziya for what he has said. I want to thank him for constantly reminding us that we are here because people sacrificed their lives for us to be here, at all times. [Applause.] This is what governance is about. We've promised our people a better life. In this particular case, we promised the Defence Force a better life. Thank you very much, hon Maziya?
I also want to thank the hon Mabedla on her maiden speech, putting a feminine touch on the fact that we have women in the Defence Force. I think it was a very good maiden speech. Hon Mabedla, keep it up; you make me very proud. [Applause.
Hon Holomisa, we are seized with the matter of the review of the White Paper to ensure that we are in line with the concerns that you have raised. We are also very concerned about it and to make sure that our policies are in line with the issues that we have already taken on, especially the issues of a peacekeeping force. We worked very closely with the Defence Export Control Office, Deco, and we are attending to the matters that you raised as concerns.
Hon Groenewald, the definition we have for military command is not a thumb-suck. As I indicated to you, we came into a very sticky situation where the Constitution says the President shall appoint the military command. The Defence Act of 2002 is silent on this. In the absence of this, it means therefore that we fall back of what is provided by the public service.
What is provided by the public service is that we have to submit ourselves to putting up advertisements for people to fill those posts, something that, in fact, traditionally we do not do in the Defence Force. We had to come up with a definition that covered the problem and the lacuna that we faced. It was thoroughly discussed in the portfolio committee and this is what the portfolio committee agreed to. It is not a thumb-suck. You might not agree with it, but it is a three-star general who is commissioned by the President ultimately.
I wanted also to thank the chairperson and everybody else who has taken part in this debate. Finally, I was intrigued that here was a hon member from the DA, given the opportunity to express the position of the DA on an important matter such as this one. Instead, what he did was go off on something that sounded very much like a battle plan he had planned in his head when he couldn't sleep - he was lying half-awake because he always has these schemes - going on about: "This is what we did; then they did " That, for him, is more important than what we sit here to do: to legislate and ensure that the Defence Force in this particular case has a better life. [Applause.] This is what the ANC is here for.
We found a situation where it was necessary to move the Defence Force from where it is and put it in a situation where we can better attend to the uniqueness of this. What does he do He goes on, on this egotistical trip: "This is what we did " In fact, it becomes quite clear that the battle scheme came from him. Feeding the media, he became dial-a-mania a day. Any media which wants any quote, David will give a quote. Dial-a-quote from David and he will give you a quote. It did not work, because the institutions of governance are very clear. They are very clear, and this is what we followed?
The matter will not serve until it has served before the Cabinet. Right now, when dealing with the situation where the report is being completed, the report will be given to me. It will be tabled in Cabinet. It will be brought to you, and you will see and the country will see that that report had nothing to do - nothing to do - with this legislation; and you know that. But it offered you a tangent; it offered you a platform to sell yourself at the expense of what you should be doing. I think this is the most extreme form of unpatriotism you could ever come across. I thank you, Chairperson. [Applause.
The House adjourned at 16:28.
Merchant Shipping (Safe Containers Convention) Bill [B 31 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33390 of 16 July 2010.
Introduction and referral to the Portfolio Committee on Transport of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Report and Financial Statements of Vote 18 - Department of Correctional Services for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 18 for 2009-2010 [RP 119-2010].
Report and Financial Statements of the Trans-Caledon Tunnel Authority (TCTA) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Water Research Commission for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 188-2010].
On 16 September 2010, the National Assembly gave permission for the Portfolio Committee on Justice and Constitutional Development to initiate legislation that will amend the Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005. The National Assembly also instructed the Portfolio Committee to publish the full particulars of its legislative proposal in the Announcements, Tablings and Committee Reports forthwith.
To amend the Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005, so as to substitute a date; and to provide for matters connected therewith.
Section 1 (3) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act.
"(a) [30 December 2010] 30 December 2012; or".
This Act is called the Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Act, 2010, and comes into operation on 29 December 2010.
The purpose of the Bill is to amend the Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005 (Act No. 28 of 2005) in order to substitute a date.
Section 1(3) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act, 2005 (Act No. 28 of 2005) (the Act), provides that the remaining provisions of sections 12 and 20 and the Third Schedule of the Black Administration Act, 1927 (Act No. 38 of 1927), will be repealed on 30 December 2010 or on such date as national legislation to further regulate the matters dealt with in these provisions has been implemented, whichever occurs first. These sections deal with the judicial functions of traditional leaders.
The Traditional Courts Bill, which regulates the matters dealt with in sections 12 and 20 and the Third Schedule of the Black Administration Act, 1927, (Act 38 of 1927) is currently before the Portfolio Committee on Justice and Constitutional Development. It is foreseen that the Traditional Courts Bill will not be signed into law by the deadline of 30 December 2010. The Bill, consequently, intends extending the date of the application of the provisions of sections 12 and 20 and the Third Schedule of the Black Administration Act, 1927 to 30 December 2012.
The same deadline has been determined in section 1(2), (4), (5) and (6) of the Act in respect of legislation which is administered by other Departments, namely the Departments of Rural Development and Land Reform and Cooperative Governance and Traditional Affairs. These deadlines are, likewise, being extended from 30 December 2010 to 30 December 2012.
Fifth Report of the Standing Committee on Public Accounts on the Report of the Auditor General on the 2008/09 Financial Statements of the Compensation Fund, dated 25 August 2010 1.
The Standing Committee on Public Accounts (the Committee), heard evidence on and considered the contents of the Annual Report and the Report of the Auditor-General on the 2008/2009 financial statements of the Compensation Fund (the Fund).
The Audit Committee met ten times during the year, as required by Section 77 of the Public Finance Management Act (No. 1 of 1999).
The Audit Committee noted internal control deficiencies and that a number of these matters had been reported in previous years.
The entity utilised the Internal Audit Unit of the Department of Labours. However, due to vacancy constraints, the Internal Audit Unit could only execute 10% of the operational plans.
A vacancy rate of 41.6% was reported at senior management level, including the leadership in the Finance Unit.
In addition, personnel within the Finance Unit did not have adequate skills.
The Committee noted that significant unresolved issues led to a disclaimer which could have been resolved had an effective internal audit function been in place.
The management is urged to rectify staff shortages as a matter of urgency.
The Auditor-General noted various instances where it was not possible to express an opinion and which led to a disclaimer.
Proper evaluation of managerial abilities is undertaken prior to the appointment of any staff to a managerial position, and that managers who do not possess the required management skills to perform oversight be relieved of their management duties.
With regard to "bank reconciliations, the Fund transferred the un-reconciled differences from its compensation and pensions bank reconciliations to a suspense account. At the end of the year, a balance amounting to R 86, 4 million remained in the suspense account. The large volume of transactions did not allow management to reconcile the bank balances with the general ledger and clear the suspense account prior to the finalization of the financial statements".
The suspense account is cleared within three months and thereafter monthly, and that proper follow-ups are made by the relevant senior officials.
With regard to claims incurred, the Auditor-General reflected that a backlog in the scanning of documentation onto the the Fund's electronic document management system and inadequate management of supporting documentation for claims incurred have resulted in the Fund being unable to retrieve appropriate documentation in support of claims incurred.
Steps are taken to recover losses incurred due to a backlog and inadequate management of supporting documentation for claims.
With regard to accounts payable, the Auditor-General indicated that "the Fund was unable to submit creditor reconciliations and analysis or appropriate detailed listings of creditors at the end of the year, amounting to R89.6 million. In addition, the Fund did not accrue interest on unclaimed monies due to beneficiaries".
Disciplinary action is taken against staff responsible transgression.
The Auditor-General indicated that "the Fund revalued its Compensation House Property as at 31 March 2009. However, the value of the property disclosed in the financial statements differs by R55.9 million from the valuation amount. According to accounting standards property, plant and equipment require that if a category of assets is revalued all assets in the category need to be revalued, as the Fund in Bisho did not obtain a valuation of its property".
All records are updated in order to keep staff updated on the relevant information.
Disciplinary action is taken against staff who fail to perform their duties satisfactorily.
Lack of adequate system for bank and cash reconciliations as required by paragraph 31.1.
Steps are taken to ensure that written procedures, record keeping, management reviews and asset safeguards are not segregated to prevent fraudulent financial data and asset misappropriation.
The Committee further recommends that the Executive Authority submit a progress report on the implementation of the above recommendations to the National Assembly within 60 days of the adoption of this report by the House.
Tenth Report of the Standing Committee on Public Accounts on the Report of the Auditor General on the 2008/09 financial statements of the Department of Public Works and its Property Management Trading Entity, dated 25 August 2010 1.
The Standing Committee on Public Accounts (the Committee) heard evidence on and considered the contents of the Annual Report and Report of the Auditor-General on the 2008/09 financial statements of the Department of Public Works.
The Auditor-General noted various instances where the existence, completeness, rights and obligations as well as accuracy of assets in the asset register could not be verified.
The adjustment of intangible assets consisted of software purchased during the 2005/06 financial year to an amount of R40,3 million.
Progress with regard to the government-wide initiative in respect of the vesting of ownership of state owned land is continually monitored and reported on annually.
Division of Revenue Act - the Department did not evaluate the performance of programmes funded by conditional grants and report thereon to Treasury within four months after the end of the financial year as prescribed by the Division of Revenue Act (No.
Officials are held accountable and that disciplinary steps are taken against those who contravene prescripts; and c Management implements a performance management system in terms of which staff performance is evaluated against key performance indicators to enable management to take appropriate steps based on agreed deliverables.
Management understands and exercises oversight in respect of financial reporting and internal controls; and c Investigation reports are submitted to SCOPA when finalised.
The Auditor-General reported that "The marginal decrease in the vacancy rate (from 22 percent to 16 percent,) is insufficient and impedes service delivery".
The Committee recommends that the Accounting Officer ensures that vacancies are filled urgently, so as to strengthen internal controls and improve service delivery.
The Auditor-General reported that "the Audit Committee saw the resignation of some members during the year, and new members were appointed on 31 May 2009".
The Committee recommends that the Accounting Officer ensures that the Audit Committee becomes effective and oversees controls in order to eliminate non-compliance.
The Committee heard evidence on and considered the contents of the Annual Report and Report of the Auditor-General on the 2008/09 financial statements of the Property Management Trading Entity.
The Auditor-General reported that "inter-departmental receivables owed by a number of national departments and national public entities amounted to R419 million (31 March 2008: R48 million). This has been outstanding for more than two years. Management did not implement appropriate steps to collect money owed and further did not assess the recoverability of the long-outstanding debts. The receivables amount disclosed is thus overstated by an unknown amount and the provision is understated due to the assessment not being performed".
Management understands and exercises oversight in respect of finances and related internal controls.
The Committee is concerned with various government Departments' failure to honour their debts to the Department of Public Works for services rendered on their behalf and has ordered the Property Management Trading Entity to forward the list of such defaulters. The Committee has already written to some of the defaulting Departments and entities seeking clarity on their non-payments.
The Committee further recommends that the Executive Authority submits a progress report on the implementation of all the above recommendations to the National Assembly within 60 days of the adoption of this report by the House.
Eleventh Report of the Standing Committee on Public Accounts on the Report of the Auditor General on the 2008/09 financial statements of the Government Printing Works, dated 25 August 2010 1.
The Standing Committee on Public Accounts (the Committee) heard evidence on and considered evidence on the Annual Report and the Report of the Auditor-General on the 2008/09 financial statements of the Government Printing Works (GPW).
Inventories state that the cost of inventories shall comprise all costs of purchase, conversion and other costs incurred in bringing the inventory to their present location and condition.
A status report generated on the non-integrated stock system includes job tickets amounting to R2.784 million (2008: R4.278 million) which had not been properly allocated and included in the financial system.
Explanations are provided by management for all the jobs that are still showing their status as work-in-progress.
The Accounting Officer did not ensure that amounts included in the suspense accounts relating to payments received from debtors, were cleared and correctly allocated to the relevant debtor accounts on a monthly basis as required by Section 17.1.2 (b) of the Treasury Regulations. The balances for these accounts amounted to R22.383 million (2008: R16.620 million) at year-end.
The goods received control account included long-outstanding amounts totalling R4.080 million (2008: R8.991 million). These amounts had accumulated as from 2005/06. Had these amounts been properly accounted for, payables would have decreased by R4.080 million (2008: R8.991 million), expenses decreased by R3.
The implementation of policies and procedures to guarantee the clearance of suspense accounts to their relevant cost centres on a monthly basis takes place; and b) GPW improves its capacity in the creditors section by permanently designating employees who must perform monthly reconciliations of the suspense accounts in line with Section 17.1.2 (b) of the Treasury Regulations.
The Internal audit unit of GPW did not have sufficient resources during the year and therefore the internal audit scope was very limited.
The functioning of the internal audit unit is strengthened, amongst other things, by providing appropriately high level reports to the relevant Executive Authority on a regular basis. Such reports must, as a minimum requirement, express a view on all internal control risks.
The Committee recommends that the GPW Audit Committee develops an annual audit plan to address matters raised by the internal audit unit.
The Committee further recommends that the Executive Authority should submit a progress report on the implementation all the recommendations to the National Assembly within 60 days after the adoption of this report by the House.
Twelfth Report of the Standing Committee on Public Accounts on the Report of the Auditor General on the 2008/09 Financial Statements of the Companies Intellectual Property Office in South Africa, dated 25 August 2010 1.
The Standing Committee on Public Accounts (the Committee) heard evidence on and considered the contents of the Annual Report and Report of the Auditor-General on the 2008/09 financial statements of the Companies Intellectual Property Registration Office in South Africa (CIPRO).
CIPRO's accounting policy of recognising revenue from annual returns on a cash basis was not consistent with the substance of the transactions and the accrual principle.
CIPRO only recognised revenue for companies that had submitted their annual returns during the financial year and not for all companies that were liable to lodge a return.
Consequently, revenue, accounts receivable, the accumulated surplus and the corresponding figures were understated.
Ongoing monitoring and supervision are undertaken to enable an assessment of the effectiveness of internal control over finances.
The Auditor-General reported that "the annual report reflected that an amount of R86 778 was identified as irregular as a result of the prescribed approval process not having being followed".
No expenditure is incurred that is in conflict with the provisions of any law or prescripts.
Inaccuracies were noted in the calculations on the scoring sheets completed by SITA's bid evaluation committee during the evaluation of tenders for contract 398.
No business case had been approved for the tender by the Department of Public Service and Administration after consultation with the Government Information Technology Officers Council.
SITA must comply with procurement regulations in order to mitigate a potential risk to government departments.
The estimated vendor cost according to the business case for the tender was R141 million. The Auditor-General reported that the business case had been furnished only to the successful bidder for the ECM system and that some information in the proposal of the successful bidder was almost exactly the same the information in CIPRO's business case.
The evaluation of the functional specifications was conducted by two evaluation teams. However, the bid evaluation committees were not appointed according to prescripts.
CIPRO did not evaluate the financial position of bidders as part of the process.
According to the bid proposal, the design phase included the design of a blueprint, and once approved, the software could be procured.
The Committee recommends that the Accounting Authority assesses the risk of the supplier not being financially sustainable and should implement measures to address the related risks.
The Committee noted that the Department of Trade and Industry has since cancelled the contract with the chosen bidder.
Final Acts of the International Telecommunications Union (ITU) Plenipotentiary Conference, Antalya, 2006, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the Final Acts of the International Telecommunications Union (ITU) Plenipotentiary Conference, Antalya, 2006.
Report and Financial Statements of Sentech Limited for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of Vote 7 - National Treasury for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 7 for 2009-2010.
Financial Statements of the Project Development Facility for Auditors for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Financial Statements of the Office of the Technical Assistance Unit for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Department of Justice and Constitutional Development on the Criminal Assets Recovery Account for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 224-2010].
Report and Financial Statements of Vote 22 - Department of Police for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 22 for 2009-2010 [RP 163-2010].
informing the National Assembly of the resignation of Ms B J Masekela, in terms of section 15(2) of the Broadcasting Act (No 4 of 1999), from the South African Broadcasting Corporation Board with effect from 31 October 2010; and requesting the National Assembly to recommend a candidate for appointment, in terms of section 13 of the Broadcasting Act, for the unexpired portion of the period for which Ms Masekela was appointed, ie until 9 January 2015.
Referred to the Portfolio Committee on Communications for consideration and report.
Report of the South African Law Reform Commission on Privacy and Data Protection - February 2009.
Progress report in terms of section 13(3)(f) of the Magistrates' Act, 1993 (Act No 90 of 1993), on the provisional suspension from office of Magistrate M T Masinga, an additional magistrate at Umlazi.
Progress report in terms of section 13(3)(f) of the Magistrates' Act, 1993 (Act No 90 of 1993), on the provisional suspension from office of Magistrate L B Maruwa, an additional magistrate at Daveyton.
Progress report in terms of section 13(3)(f) of the Magistrates' Act, 1993 (Act No 90 of 1993), on the provisional suspension from office of Magistrate D Jacobs, a magistrate at Clocolan.
Progress report in terms of section 13(3)(f) of the Magistrates' Act, 1993 (Act No 90 of 1993), on the provisional suspension from office of Magistrate C M Dumani, a magistrate at Graaff Reinet.
Progress report in terms of section 13(3)(f) of the Magistrates' Act, 1993 (Act No 90 of 1993), on the provisional suspension from office of Magistrate M K Chauke, an additional magistrate at Pretoria.
Progress report in terms of section 13(3)(f) of the Magistrates' Act, 1993 (Act No 90 of 1993), on the provisional suspension from office of Magistrate W J M Prinsloo, an additional magistrate at Ermelo.
The following papers are referred to the Portfolio Committee on Human Settlements for consideration and report.
Report and Financial Statements of the National Housing Finance Corporation Ltd for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Housing Development Agency for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the National Home Builders Registration Council for 2009-10, including the Report of the Auditor-General on the Financial Statements for 2009-10.
Report and Financial Statements of the Rural Housing Loan Fund for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Social Housing Foundation for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the National Urban Reconstruction and Housing Agency for 2009-10, including the Report of the Independent Auditors on the Financial Statements for 2009-10.
Letter from the President of the Republic, dated 27 August 2010, to the Speaker of the National Assembly, informing members of the Assembly of the employment of the South African National Defence Force for service in cooperation with the South African Police Service and to assist other government departments during the countrywide Public Service strike.
The following papers are referred to the Portfolio Committee on Science and Technology for consideration and report.
Report and Financial Statements of the Academy of Science of South Africa for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the National Research Foundation for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
The following papers are referred to the Portfolio Committee on Trade and Industry for consideration and report.
Report and Financial Statements of the National Empowerment Fund for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10 [RP175-2010].
Report and Financial Statements of the Small Enterprise Development Agency for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of Export Credit Insurance Corporation of South Africa Limited for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African National Accreditation System for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10 [RP82-2010].
Report and Financial Statements of the National Lotteries Board for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the National Gambling Board for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP196-2010].
Report and Financial Statements of the Estate Agency Affairs Board for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the National Credit Regulator for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP154-2007].
Report and Financial Statements of South African Bureau of Standards for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP226-2010].
Report and Financial Statements of the National Regulator for Compulsory Specifications for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP80-2010].
Report and Financial Statements of the National Consumer Tribunal for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the National Metrology Institute of South Africa for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10 [RP214-2010].
Report and Financial Statements of the Technology and Human Resources for Industry Programme for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African Council for the Non-Proliferation of Weapons of Mass Destruction for 2009-10.
Report of the Consumer Affairs Committee (Cafcom) for 2009-10 [RP234-2010].
The following paper is referred to the Portfolio Committee on Trade and Industry for consideration and report and to the Portfolio Committee on Science and Technology.
Report and Financial Statements of the Support Programme for Industrial Innovation for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Trade Agreement between the Government of the Republic of South Africa and the Government of the State of Kuwait, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Trade Agreement between the Government of the Republic of South Africa and the Government of the State of Kuwait.
Agreement on Economic, Commercial and Technical Cooperation between the Government of the Republic of South Africa and the Government of the State of Qatar, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Agreement on Economic, Commercial and Technical Cooperation between the Government of the Republic of South Africa and the Government of the State of Qatar.
Bilateral Agreement on Economic, Trade and Technical Cooperation between the Government of the Republic of South Africa and the Government of the United Arab Emirates, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Bilateral Agreement on Economic, Trade and Technical Co-operation between the Government of the Republic of South Africa and the Government of the United Arab Emirates.
Trade Agreement between the Government of the Republic of South Africa and the Government of the Republic of Yemen, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Trade Agreement between the Government of the Republic of South Africa and the Government of the Republic of Yemen.
Report of the National Industrial Participation Programme - Performance Review 2009.
Government Notice No R381, published in Government Gazette No 33171, dated 14 May 2010: Amendment of Schedule No 3 (No 3/660) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R437, published in Government Gazette No 33211, dated 28 May 2010: Amendment of Part 1 of Schedule No 1 (No 1/1/1405) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R438, published in Government Gazette No 33211, dated 28 May 2010: Amendment of Part 1 of Schedule No 1 (No 1/1/1406) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R439, published in Government Gazette No 33211, dated 28 May 2010: Amendment of Part 1 of Schedule No 1 (No 1/1/1407) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R440, published in Government Gazette No 33211, dated 28 May 2010: Amendment of Schedule No 2 (No 2/325) in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R441, published in Government Gazette No 33211, dated 28 May 2010: Amendment of Schedule No 3 (No 3/662) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R454, published in Government Gazette No 33211, dated 28 May 2010: Exemption in terms of section 74 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No 471, published in Government Gazette No 33241, dated 4 June 2010: Exemption in terms of section 74 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No R622, published in Government Gazette No 33382, dated 14 July 2010: Amendment of Rules (DAR/72) under sections 49A and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R623, published in Government Gazette No 33382, dated 14 July 2010: Amendment of Schedule No 2 (No 2/326) in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R624, published in Government Gazette No 33383, dated 15 July 2010: Amendment of Part 1 of Schedule No 1 (No 1/1/1410) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R604, published in Government Gazette No 33370, dated 16 July 2010: Amendment of Part 1 of Schedule No 1 (No 1/1/1409) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R606, published in Government Gazette No 33370, dated 16 July 2010: Amendment of Schedule No 3 (No 3/662) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R616, published in Government Gazette No 33370, dated 16 July 2010: Amendment of Schedule No 2 (No 2/327) in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R630, published in Government Gazette No 33385, dated 23 July 2010: Amendment of Schedule No 4 (No 4/332) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R639, published in Government Gazette No 33385, dated 23 July 2010: Regulations made under section 121 of the Income Tax Act, 1962 (Act No 58 of 1962).
Government Notice No R637, published in Government Gazette No 33394, dated 23 July 2010: Amendment of General Notes in Part 1 of Schedule No 1 (No 1/1/1411) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R638, published in Government Gazette No 33394, dated 23 July 2010: Amendment of Schedule No 2 (No 2/328) in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R653, published in Government Gazette No 33400, dated 30 July 2010: Amendment of Part 1 of Schedule No 1 (No 1/1/1408) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R655, published in Government Gazette No 33400, dated 30 July 2010: Amendment of Part 1 of Schedule No 2 (No 2/329) in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R656, published in Government Gazette No 33400, dated 30 July 2010: Amendment of Part 2 of Schedule No 2 (No 2/330) in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R672, published in Government Gazette No 33423, dated 30 July 2010: Amendment of Rules (DAR/73) under sections 38A and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No 710, published in Government Gazette No 33457, dated 13 August 2010: Amendment of regulations in terms of section 36 of the South African Reserve Bank Act, 1964 (Act No 90 of 1989).
Government Notice No R738, published in Government Gazette No 33481, dated 20 August 2010: Amendment of Part 1 of Schedule No 1 (No 1/1/1412) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R739, published in Government Gazette No 33481, dated 20 August 2010: Amendment of Part 1 of Schedule No 1 (No 1/1/1413) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
The following paper is referred to the Portfolio Committee on Basic Education for consideration and report.
Report and Financial Statements of the South African Council for Educators for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
The following papers are referred to the Portfolio Committee on Communications for consideration and report.
Report and Financial Statements of Vote No 21-Department of Communications for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP126-2010].
Report and Financial Statements of the Independent Communications Authority of South Africa for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP210-2010].
Report and Financial Statements of the National Electronic Media Institute of South Africa for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
The following papers are referred to the Portfolio Committee on Transport for consideration and report.
Report and Financial Statements of the Airports Company South Africa (Ltd) for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African Civil Aviation Authority for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African National Roads Agency Limited for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP81-2010].
Report of the Executive Officer of the Financial Services Board on the Road Accident Fund for the period 1 April 2006 to 31 March 2009, tabled in terms of section 4 of the Financial Supervision of the Road Accident Fund Act, 1993 (No 8 of 1993).
Report and Financial Statements of the National Prosecuting Authority for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP87-2010].
Report and Financial Statements of Legal Aid South Africa for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP44-2010].
Report and Financial Statements of the President's Fund for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP223-2010].
Proclamation No R35, published in Government Gazette No 33425, dated 30 July 2010: Amendment of proclamation under section 2(4) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Proclamation No R36, published in Government Gazette No 33425, dated 30 July 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal under section 2(1) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Proclamation No R37, published in Government Gazette No 33425, dated 30 July 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal under section 2(1) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Proclamation No R38, published in Government Gazette No 33425, dated 30 July 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal under section 2(1) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Proclamation No R41, published in Government Gazette No 33448, dated 6 August 2010: Commencement of the Jurisdiction of Regional Courts Amendment Act, 2008 (Act No 31 of 2008), in terms of section 11 of the Act.
Proclamation No R42, published in Government Gazette No 33451, dated 10 August 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal under section 2(1) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Report and Financial Statements of Vote No 32 - Department of Trade and Industry for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote No 32 for 2009-10.
Report and Financial Statements of the Companies and Intellectual Property Registration Office for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP174-2010].
Report of the Regulating Committee to the Airports Company of South Africa and Air Traffic and Navigation Services Company for 2009-10.
Report of the Commission for Gender Equality on A Gendered Analysis of Land Reform Policy and Implementation Outcome in South Africa, (2006 - 2008/09) - 5 May 2010 (Final Comprehensive Version).
Report of the Commission for Gender Equality on A Gendered Review of South Africa's Implementation of the Millennium Development Goals.
Letter from the Minister of Social Development dated 14 September 2010, to the Speaker of the National Assembly explaining the delay in the submission of the Annual Report of the South African Social Security Agency (SASSA's) for 2009-2010.
This letter serves to apprise you that the effect that SASSA will not be able to comply with Section 65 of the Public Finance Management Act, 1999 with respect to the tabling of its 2009/10 Annual Report.
The PFMA requires the submission of the Annual Financial Statements (AFS) to the Auditor General (AG) by 31 May each year. The Auditor General takes two months to complete the audit and issue an audit report. However, the Annual Financial Statements could not be submitted by 31 May 2010. This was attributable to the challenges relating to the migration from Modified Cash Basis of accounting to accrual basis of accounting.
In order to successfully implement an accrual basis of accounting, the SASSA had to migrate from the government transversal systems (BAS, PERSAL and LOGIS) to the Enterprise Resource Planning system (ERP), in particular Oracle.
The implementation of this major project subsequently led to the late submission of the Annual Financial Statements to the Auditor-General which was finally done on 16 July 2010.
Further challenges were experienced in providing system reports required by Auditor General. The finalization of these reports took an additional two weeks after which the Auditor General requested that the submission date be revised to 10 August 2010. The final Audit report is expected by the 10 October 2010, given that the Auditor General requires two months to provide the final audit opinion after submission thereof. Consequently the due date of 30 September 2010 for the tabling of the annual report will not be met.
I hope that the Honourable Speaker finds the above explanation in order.
informing the National Assembly that the term of office of the following board members of the Media Development and Diversity Agency (MDDA) will expire on 31 December 2010: Mr S Minyi, Ms S Gongxeka and Prof G Berger; and requesting the National Assembly to recommend three candidates in terms of section 4(1)(b) of the Media Development and Diversity Agency Act, 2002 (Act No 14 of 2002) to fill the vacancies that will arise.
Mr J J McGluwa has been appointed as leader of the ID Caucus in the National Assembly with effect from 14 September 2010.
Report and Financial Statements of the South Africa International Marketing Council Trust (IMC) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 134-2009].
Report and Financial Statements of the Agricultural Research Council (ARC) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 201-2010].
Report and Financial Statements of the Perishable Products Export Control Board (PPECB)for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the National Agricultural Marketing Council for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 199-2009].
Report and Financial Statements of Vote 17 - Sport and Recreation South Africa for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 17 for 2009-2010 [RP 205-2010].
Report and Financial Statements of the Air Traffic and Navigation Services Company Limited (ATNS) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Reports and Financial Statements of the Cross-Border Road Transport Agency (C-BRTA) for 2009-2010, including the Reports of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 and 2008-2009.
Report of the Public Service Commission (PSC) on Financial Misconduct for 2008-2009 Financial Year [RP 76-2010].
This serves to inform the National Assembly that I have employed 495 members of the South African National Defence Force (SANDF) personnel for service in co-operation with the South African Police Service in the prevention and combating of crime and maintenance and preservation of law and order within the Republic of South Africa, in order to curb the possible outbreak of attacks against foreign nationals in the Gauteng, Western Cape and KwaZulu Natal Provinces.
This employment is authorised in accordance with the provisions of section 201(2)(a) of the Constitution of the Republic of South Africa, 1996, read with section 19 of the Defence Act, 2002 (Act No 42 of 2002).
Members of the SANDF were employed from 15 July 2010 until 31 July 2010.
I will communicate this report to members of the National Council of Provinces and wish to request that you bring the contents hereof to the attention of the National Assembly.
The Standing Committee on Public Accounts (the Committee) heard evidence on and considered the contents of the Annual Report and the Report of the Auditor-General on the 2008/09 financial statements of the Presidency.
Insufficient appropriate audit evidence as to the current year adjustments to prior year balances with a combined net amount of R9,463 million for computer equipment, furniture, office equipment and other machinery.
Due to inadequate document administration, the department's prior year records did not permit the application of alternative procedures.
Effective internal control mechanisms are implemented to properly monitor critical information and asset verification process for the completeness of the asset register.
The Presidency continued to transfer funds amounting to R24, 520 million to the National Youth Commission (NYC) without having obtaining written assurance from the entity as required by Section 38(1) (j) of the PFMA.
Disciplinary action is taken against officials who were responsible for the transfer of funds without assurance in order to avoid such occurrences in the future; and b Monitoring controls are put in place to make certain that funds are transferred to entities by compliance with legislative requirements.
The Auditor General reported that "an unauthorised expenditure to the value of R14,511 million occurred".
The Committee recommends that the Accounting Officer ensures that a follow-up is made with National Treasury regarding the progress on the motivation for unauthorised expenditure as was submitted in September 2009 so that Parliament could take a decision with respect to it.
The Committee notes that the National Youth Commission (NYC) has not submitted its 2008/09 annual reports to Parliament. At the hearing, the Minister in the Presidency for the Performance Monitoring and Evaluation promised to investigate this and report back to the Committee. The Committee is awaiting feedback on this matter, and would like to see those responsible held accountable.
The Committee further requests the Executive Authority to submit a progress report on all the recommendations to the National Assembly within 60 days after the adoption of this report by the House.
Rural Development and Land Reform General Amendment Bill, 2010, submitted by the Minister of Rural Development and Land Reform.
Referred to the Portfolio Committee on Rural Development and Land Reform and the Select Committee on Land and Environmental Affairs.
Report and Financial Statements of the Department of Agriculture, Forestry and Fisheries for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 218-2010].
Report and Financial Statements of the Onderstepoort Biological Products (Ltd) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the South African Heritage Resources Agency (SAHRA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Blind SA for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Afrikaans Language Museum and Language Monument for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 239-2010].
Report and Financial Statements of the Artscape for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 200-2010].
Report and Financial Statements of Business and Arts South Africa for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010 [RP 70-2010].
Report and Financial Statements of the Ditsong Museums of South Africa for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Freedom Park Trust for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 213-2010].
Report and Financial Statements of the Iziko Museums of Cape Town for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 166-2010].
Report and Financial Statements of the Luthuli Museum for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 187-2010].
Report and Financial Statements of the Market Theatre Foundation for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 54-2010].
Report and Financial Statements of the Msunduzi/Voortrekker Museum for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Natal Museum for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 203-2010].
Report and Financial Statements of the National Arts Council for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 245-2010].
Report and Financial Statements of the National English Literary Museum for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the National Film and Video Foundation for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 186-2010].
Report and Financial Statements of the National Heritage Council for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 221-2010].
Report and Financial Statements of the National Library of South Africa for 2009-2010, including the Report of the Auditor-General on the financial Statements and Performance Information for 2009-2010 [RP 209-2010].
Report and Financial Statements of the Nelson Mandela Museum for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 225-2010].
Report and Financial Statements of the Pan South African Language Board for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Kwazulu-Natal Performing Arts Company (Trading as the Playhouse Company) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Robben Island Museum for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 180-2010].
Report and Financial Statements of the South African Library for the Blind for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 159-2010].
Report and Financial Statements of the South African State Theatre for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 161-2010].
Report and Financial Statements of the War Museum of the Boer Republics for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the William Humphreys Art Gallery for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Windybrow Centre for the Arts for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of Vote 27 - Department of Rural Development and Land Reform for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 27 for 2009-2010 [RP 241-2010].
Report and Financial Statements of Vote 16 - Department of Social Development for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 16 for 2009-2010 [RP 127-2010].
Report and Financial Statements of the National Development Agency for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 19-2010].
Report and Financial Statements of Vote 26 - National Department of Human Settlements for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 26 for 2009-2010 [RP 185-2010].
Report and Financial Statements of Vote 10 - Public Service Commission (PSC) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 10 for 2009-2010 [RP 172-2010].
Report and Financial Statements of the Financial Services Board for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 195-2010].
Accession to the African Charter on Democracy, Elections and Governance, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory memorandum to the Accession to the African Charter on Democracy, Elections and Governance.
Report and Financial Statements of Vote 11 - Statistics South Africa for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 11 for 2009-2010 [RP 91-2010].
Report and Financial Statements of the State Information Technology Agency (Pty) Ltd (SITA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 248-2010].
Report and Financial Statements of Vote 31 - Department of Science and Technology for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 31 for 2009-2010 [RP 244-2010].
Report and Financial Statements of the Tshumisano Trust for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the South African National Energy Research Institute (Pty) Ltd for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Municipal Demarcation Board for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 227-2010].
Report and Financial Statements of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 235-2010].
Report and Financial Statements of the South African Post Office (Ltd) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the South African Broadcasting Corporation Limited (SABC) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements for 2009-2010.
Report and Financial Statements of the Universal Service and Access Agency of South Africa (USAASA) for 2009-2010, including the Reports of the Auditor-General on the Financial Statements of Universal Service and Access Agency of South Africa (USAASA) and the Universal Service and Access Fund (USAF) for 2009-2010 [RP 202-2010].
Report and Financial Statements of the National Nuclear Regulator for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 78-2010].
Report and Financial Statements of Vote 28 - Department of Minerals and Energy for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 28 for 2009-2010 [RP 69-2010].
Report and Financial Statements of the Electricity Distribution Industrial Holdings (Pty) Ltd (EDIH) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 236-2010].
Report and Financial Statements of the Central Energy Fund Group of Companies (CEF) for 2009-2010, including the Report of the Auditor-General and the Independent Auditors on the Financial Statements and Performance Information of the Central Energy Fund Group of Companies for 2009-2010 [RP 168-2010].
Report and Financial Statements of the South African Nuclear Energy Corporation Limited (NECSA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 197-2010].
Report and Financial Statements of the National Energy Regulator of South Africa (NERSA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 192-2010].
Report and Financial Statements of Vote 4 - Department of Home Affairs for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 4 for 2009-2010 [RP 190-2010].
Report and Financial Statements of the Council for Mineral Technology (Mintek) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 31-2010].
Report and Financial Statements of the State Diamond Trader for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Council for Geoscience for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 79-2010].
Report and Financial Statements of the Mine Health and Safety Council (MHSC) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 09-2010].
Report and Financial Statements of the South African Diamond and Precious Metals Regulator for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 83-2010].
Report and Financial Statements of South African Express Airways (Proprietary) Limited for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the South African Airways (Pty) (Ltd) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Alexkor Limited for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Road Accident Fund for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 45-2010].
Report and Financial Statements of the Railway Safety Regulator for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 67-2010].
Report and Financial Statements of the Driving License Card Account for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 199-2010].
Report and Financial Statements of the South African Revenue Service (Sars) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP173-2010].
Report and Financial Statements of the Financial Intelligence Centre for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP240-2010].
Report and Financial Statements of the Accounting Standards Board for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10 [RP206-2010].
Report and Financial Statements of the Independent Regulatory Board for Auditors for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP207-2010].
Report and Financial Statements of Vote No 7 - National Treasury for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Financial Statements of the Project Development Facility for Auditors for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Financial Statements of the Office of the Technical Assistance Unit for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Human Sciences Research Council (HSRC) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP164-2010].
Report and Financial Statements of the Africa Institute of South Africa for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African Council for Natural Scientific Professions for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the National Advisory Council on Innovation for 2009-10.
The following paper is referred to the Portfolio Committee on Health for consideration and report.
Report and Financial Statements of the National Health Laboratory Service for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Department of Justice and Constitutional Development for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP219-2010].
Report on Monies in Trust kept in the Guardian's Fund for 2009-10, including the Report of the Auditor-General on Monies in Trust kept in the Guardian's Fund for 2009-10 [RP237-2010].
Report and Financial Statements of the Department of Justice and Constitutional Development on the Criminal Assets Recovery Account for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP224-2010].
The following paper is referred to the Portfolio Committee on Correctional Services for consideration and report.
Report and Financial Statements of Vote No 18 - Correctional Services for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP119-2010].
Report and Financial Statements of the Trans-Caledon Tunnel Authority (TCTA) for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Water Research Commission for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-09 [RP188-2010].
The following paper is referred to the Portfolio Committee on Police for consideration and report.
Report and Financial Statements of Vote No 22 - Police for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote No 22 for 2009-10 [RP163-2010].
The following papers are referred to the Portfolio Committee on Agriculture, Forestry and Fisheries for consideration and report.
Report and Financial Statements of the Agricultural Research Council for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP201-2010].
Report and Financial Statements of the Perishable Products Export Control Board for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the National Agricultural Marketing Council for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP199-2009].
Report and Financial Statements of the Department of Agriculture, Forestry and Fisheries for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP218-2010].
Report and Financial Statements of the Onderstepoort Biological Products (Ltd) for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
The following paper is referred to the Portfolio Committee on Sport and Recreation for consideration and report.
Report and Financial Statements of Vote No 17 - Sport and Recreation South Africa for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP205-2010].
Report and Financial Statements of the Air Traffic and Navigation Services Company Limited for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009- 10.
Reports and Financial Statements of the Cross-Border Road Transport Agency for 2009-10, including the Reports of the Auditor-General on the Financial Statements and Performance Information for 2007-08 and 2008-09.
The following papers are referred to the Portfolio Committee on Arts and Culture for consideration and report.
Report and Financial Statements of the South African Heritage Resources Agency for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Blind SA for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Afrikaans Language Museum and Language Monument for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP239-2010].
Report and Financial Statements of the Artscape for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP200-2010].
Report and Financial Statements of Business and Arts South Africa for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10 [RP70-2010].
Report and Financial Statements of the Ditsong Museums of South Africa for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Freedom Park Trust for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP213-2010].
Report and Financial Statements of the Iziko Museums of Cape Town for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP166-2010].
Report and Financial Statements of the Luthuli Museum for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP187-2010].
Report and Financial Statements of the Market Theatre Foundation for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP54-2010].
Report and Financial Statements of the Msunduzi/Voortrekker Museum for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Natal Museum for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP203-2010].
Report and Financial Statements of the National Arts Council for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP245-2010].
Report and Financial Statements of the National English Literary Museum for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the National Film and Video Foundation for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP186-2010].
Report and Financial Statements of the National Heritage Council for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP221-2010].
Report and Financial Statements of the National Library of South Africa for 2009-10, including the Report of the Auditor-General on the financial Statements and Performance Information for 2009-10 [RP209-2010].
Report and Financial Statements of the Nelson Mandela Museum for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP225-2010].
Report and Financial Statements of the Pan South African Language Board for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the KwaZulu-Natal Performing Arts Company (Trading as the Playhouse Company) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Robben Island Museum for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP180-2010].
Report and Financial Statements of the South African Library for the Blind for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP159-2010].
Report and Financial Statements of the South African State Theatre for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP161-2010].
Report and Financial Statements of the War Museum of the Boer Republics for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the William Humphreys Art Gallery for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Windybrow Centre for the Arts for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
The following paper is referred to the Portfolio Committee on Rural Development and Land Reform for consideration and report.
Report and Financial Statements of Vote No 27 - Department of Rural Development and Land Reform for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP241-2010].
The following papers are referred to the Portfolio Committee on Social Development for consideration and report.
Report and Financial Statements of Vote No 16 - Department of Social Development for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP127-2010].
Report and Financial Statements of the National Development Agency for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP19-2010].
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Kenya on Cooperation in the Field of Tourism, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Kenya on Cooperation in the Field of Tourism.
Agreement between the Government of the Republic of South Africa and the Government of the Arab Republic of Egypt on Cooperation in the Field of Tourism, tabled in terms of section 231(3) of the Constitution, 1996.
Explanatory Memorandum to the Agreement between the Government of the Republic of South Africa and the Government of the Arab Republic of Egypt on Cooperation in the Field of Tourism.
Report of the Public Service Commission (PSC) on the Implementation of the Performance Management and Development System for Senior Managers in the Limpopo Province - April 2010 [RP85-2010].
Report of the Public Service Commission (PSC) on Financial Misconduct for 2008-09 Financial Year [RP76-2010].
Report and Financial Statements of Sentech Limited for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Letter from the Minister of Social Development, dated 14 September 2010, to the Speaker of the National Assembly, explaining the delay in the submission of the annual report of the South African Social Security Agency (Sassa) for 2009-10.
Letter from the President of the Republic, dated 15 September 2010, to the Speaker of the National Assembly, informing members of the Assembly of the employment of the South African National Defence Force for service in cooperation with the South African Police Service in the prevention and combating of crime and maintenance and preservation of law and order within the Republic of South Africa, in order to curb the possible outbreak of attacks against foreign nationals.
The following paper is referred to the Portfolio Committee on Human Settlements for consideration and report.
Report and Financial Statements of Vote No 16 - Human Settlements for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP185-2010].
The following paper is referred to the Portfolio Committee on Public Service and Administration for consideration and report.
Report and Financial Statements of Vote No 10 - Public Service Commission (PSC) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP172-2010].
Report and Financial Statements of the Electoral Commission for 2009- 2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 52-2010].
Report and Financial Statements of the Commission for Gender Equality (CGE) for 2009- 2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of Vote 1 - The Presidency for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 1 for 2009-2010 [RP 86-2010].
Report and Financial Statements of the Office of the Ombud for Financial Services Providers for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Public Investment Corporation Limited for 2009-2010, including the Report of the Auditor-General on the Financial Statements for 2009-2010 [RP 92-2010].
Report and Financial Statements of the Sasria (Limited) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements for 2009-2010.
Report and Financial Statements of the Office of the Pension Funds Adjudicator for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010[RP 251-2010].
Report and Financial Statements of the South African Reserve Bank for 2009-2010, including the Report of the Independent Auditors on the Financial Statements for 2009-2010.
Annual Economic Report of the South African Reserve Bank for 2010.
Report and Financial Statements of Vote 33 - Department of Transport for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 33 for 2009-2010 [RP 198-2010].
Report and Financial Statements of the Passenger Rail Agency of South Africa (PRASA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 169-2010].
Report and Financial Statements of the South African Maritime Safety Authority (including the Maritime Fund) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 216-2010].
Reports and Financial Statements of the Ports Regulator of South Africa for 2009-2010, including the Reports of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the South African Search and Rescue Organisation for 2009-2010.
Report and Financial Statements of the State of Railway Safety in South Africa of the Railway Safety Regulator for 2008-2009 [RP 256-2010].
Report and Financial Statements of the Clothing, Textiles, Footwear and Leather Sector Education and Training Authority (CTFL-Seta) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 99-2010].
Report and Financial Statements of the Chemical Industries and Training Authority (CHIETA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 98-2010].
Report and Financial Statements of Construction Education Training Authority (CETA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 100-2010].
Report and Financial Statements of the Mining Qualifications Authority (MQA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 115-2010].
Report and Financial Statements of the Banking Sector Education and Training Authority (Bank-Seta) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 97-2010].
Report and Financial Statements of The Insurance Sector Education and Training Authority (Inseta) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 108-2010].
Report and Financial Statements of the Transport Sector Education and Training Authority (TETA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 116-2010].
Report and Financial Statements of the Agricultural Sector Educationand and Training Authority (AgriSeta) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 96-2010].
Report and Financial Statements of the Forest Industries Sector Education and Training Authority (FIETA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 93-2010].
Report and Financial Statements of the Food and Beverages Manufacturing Sector Education and Training Authority for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 144-2010].
Report and Financial Statements of the Media, Advertising, Publishing, Printing and Packaging Sector Education and Training Authority (MAPPP-Seta) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 150-2010].
Report and Financial Statements of the Public Service, Sector Education and Training Authority (PSETA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 112-2010].
Report and Financial Statements of the Safety and Security Sector Education and Training Authority (SASSETA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Local Government Sector Education and Training Authority (LGSETA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 109-2010].
Report and Financial Statements of the Health and Welfare Sector Education and Training Authority (HWSETA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 106-2010].
Report and Financial Statements of Education Training and Development Practices Sector Education and Training Authority (ETDP SETA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 101-2010].
Report and Financial Statements of the Information System, Electronics and Telecommunications Technologies Sector Education and Training Authority (Isett-Seta) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 107-2010].
Report and Financial Statements of the Finance, Accounting, Management Consulting and other Financial Services Sector Education and Training Authority for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 103-2010].
Report and Financial Statements of the Manufacturing, Engineering and Related Services Education and Training Authority (MER-Seta) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 111-2010].
Report and Financial Statements of the Tourism, Hospitality and Sport Education and Training Authority (Theta) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance information for 2009-2010 [RP 118-2010].
Report and Financial Statements of the Wholesale and Retail Sector Education and Training Authority (W&RSETA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 117-2010].
Report and Financial Statements of the Council on Higher Education (CHE) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the South African Qualifications Authority (SAQA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 94-2010].
Report and Financial Statements of the National Student Financial Aid Scheme for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of Vote 34 - Department of Water Affairs for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 34 for 2009-2010 [RP 247-2010].
Report and Financial Statements of Vote 29 - Department of Cooperative Governance and Traditional Affairs for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 29 for 2009-2010 [RP 252-2010].
Report and Financial Statements of the South African Local Government Association (SALGA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of Vote 9 - Department of Public Service and Administration for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 9 for 2009-2010 [RP 211-2010].
Report and Financial Statements of Public Administration Leadership and Management Academy (Palama) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 191-2010].
Report and Financial Statements of the Ncera Farms (Pty)Ltd for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the National Museum - Bloemfontein for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Performing Arts Centre of the Free State for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of Vote 20 - Independent Complaints Directorate (ICD) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 20 for 2009-2010 [RP 243-2010].
Report and Financial Statements of the Armaments Corporation of South Africa Limited (ARMSCOR) for 2009-2010, including the Report of the Auditor-General on the Group Financial Statements and Performance Information for 2009-2010 [RP 215-2010].
Report and Financial Statements of the Castle Control Board of Good Hope for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 165-2010].
Report and Financial Statements of Vote 5 - Department of Public Works for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 5 for 2009-2010.
Report and Financial Statements of Agrément South Africa (ASA) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Council for the Built Environment (CBE) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Independent Development Trust for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 184-2010].
Report and Financial Statements of the Construction Industry Development Board (CIDB) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 257-2010].
Report and Financial Statements of Pebble Bed Modular Reactor (Pty) Limited (PBMR) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements for 2009-2010 [RP 258-2010].
Report and Financial Statements of the South African Forestry Company (Ltd) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Film and Publication Board for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 250-2010].
Report and Financial Statements of Vote 3 - Department of International Relations and Cooperation for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 3 for 2009-2010.
Report and Financial Statements of the Ingonyama Trust Board for 2009-2010, including the Report of the Auditor-General on the Financial Statements for 2009-2010.
Report and Financial Statements of - the Department of Economic Development for 2009-2010.
Report and Financial Statements of the South African Micro-finance Apex Fund for 2009-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 128-2010].
Report and Financial Statements of Khula Enterprise Finance Limited for 2009-2010, including the Report of the Independent Auditors on the Financial Statements for 2009-2010 [RP 160-2010].
Report and Financial Statements of the Competition Tribunal for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance information for 2009-2010 [RP 50-2010].
Report and Financial Statements of the Industrial Development Corporation of South Africa Limited (IDC) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements for 2009-2010.
Report and Financial Statements of the International Trade Administration Commission of South Africa for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Competition Commission for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 217-2010].
Report and Financial Statements of Boxing South Africa for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the South African Institute for Drug-Free Sport for 2009-2010, including the Report of the Auditor-General on the Financial Statements for 2009-2010.
Report and Financial Statements of Vote 14 - National Department of Health for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 14 for 2009-2010 [RP 177-2010].
Report and Financial Statements of the Compensation Commissioner for Occupational Diseases in Mines and Works for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the South African Medical Research Council (MRC) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the Council for Medical Schemes for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 67-2010].
Petition objecting to the Protection of Information Bill [B6-2010], submitted in terms of Rule 312 (Mr L W Greyling).
Referred to the Ad Hoc Committee on Protection of Information Legislation for consideration and report.
Letter from the Minister in The Presidency undated, to the Speaker of the National Assembly explaining the delay in the submission of the Annual Report of the National Development Agency (NYDA) for 2009-2010.
In line with the Parliamentary procedures, it is incumbent on me as the Executive Authority of the NYDA to table the Annual Report of this institution once the Auditor General has completed his audit of the financial statements.
There has been delay in receiving the audit opinion from the Auditor General on one aspect of the NYDA audit, which is the part on the National Youth Commission (NYC). Following the merger of Umsobomvu Youth Fund and National Youth Commission to establish the NYDA, the audit of this institution comprised the former two entities and this resulted in the audit process being a complex one, hence the delay.
The Auditor General indicates that he will provide his opinion in the next few days, I therefore request to submit the NYDA Annual Report for 2009/10 by the 15th of October 2010.
Immigration Amendment Bill [B 32 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33478 of 20 August 2010.
Rural Development and Land Reform General Amendment Bill [B 33 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33500 of 3 September 2010.
Introduction and referral to the Portfolio Committee on Rural Development and Land Reform of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Proclamation No R. 46 published in Government Gazette No 33551 dated 13 September 2010: Commencement of the South African Reserve Bank, in terms of the South African Reserve Bank Amendment Act, 2010 (Act No 4 of 2010).
Government Notice No R. 758 published in Government Gazette No 33507 dated 27 Aug 2010 : Amendment of Schedule No.1 (No. 1/1/1414)), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 770 published in Government Gazette No 33514 dated 31 August 2010: Amendment of Rules, (DAR/74), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 771 published in Government Gazette No 33514 dated 31 August 2010: Amendment of Schedule No.1 (No. 1/1/1415), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 772 published in Government Gazette No 33514 dated 31 August 2010: Amendment of Schedule No.1 (No. 1/3/9), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 773 published in Government Gazette No 33514 dated 31 August 2010: Amendment of Schedule No.1 (No.1/3/10), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 774 published in Government Gazette No 33514 dated 31 August 2010: Amendment of Schedule No.3 (No.3/663), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 775 published in Government Gazette No 33514 dated 31 August 2010: Amendment of Schedule No.4 (No. 4/334), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 776 published in Government Gazette No 33514 dated 31 August 2010: Amendment of Schedule No.5 (No. 5/91), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 777 published in Government Gazette No 33514 dated 31 August 2010: Amendment of Schedule No.6 (No. 6/17), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 762 published in Government Gazette No 33501 dated 3 September 2010: Amendment of Schedule No.2 (No. 2/331), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 763 published in Government Gazette No 33501 dated 3 September 2010: Amendment of Schedule No.4 (No. 4/333), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 808 published in Government Gazette No 33552 dated 13 September 2010: Regulations relating to the South African Reserve Bank, in terms of the South African Reserve Bank Act, 1989 (Act No 90 of 1989).
General Notice No 704 published in Government Gazette No 33374 dated 12 July 2010: Prohibition of the use of the Moses Mabhida Stadium and other stadiums intellectual property rights, in terms of the Merchandise Marks Act, 1941 (Act No 17 of 1941).
Government Notice No R. 644 published in Government Gazette No 33398 dated 20 July 2010: Direction and Procedure for the Distribution Agencies in relation to the distribution of funds from the National Lottery Distribution Trust Fund , in terms of the Lotteries Act, 1997 (Act No 57 of 1997).
Government Notice No R. 645 published in Government Gazette No 33398 dated 20 July 2010: Application for Grant of the Act, in terms of the Lotteries Act, 1997 (Act No 57 of 1997).
Government Notice No 634 published in Government Gazette No 33384 dated 23 July 2010: Accounting officer-Profession whose members qualify in terms of section 60: Southern African Institute of Government Auditors, in terms of the Close Corporations Act, 1984 (Act No 69 of 1984).
Government Notice No R. 685 published in Government Gazette No 33427 dated 6 August 2010: Regulations: Payment of levy and fees with regard to compulsory specifications: Amendments, in terms of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Report and Financial Statements of the National House of Traditional Leaders (NHTL) for 2009-2010 [RP 267-2010].
Report and Financial Statements of Vote 19 - Department of Defence for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 19 for 2009-2010. [RP 179-2010].
Letter from the Acting Minister of Defence and Military Veterans dated 30 September 2010, to the Speaker of the National Assembly explaining the delay in the submission of the Annual Report of the Department of Defence for 2009-2010.
I regret to inform you that, due to unforeseen technical circumstances, the Minister of Defence and Military Veterans is unable to table the Department of Defence' s annual Report for the 2009/2010 financial year before the deadline of 30 September 2010.
It is envisaged that the tabling of said Annual Report will possibly be delayed by one day.
The inconvenience caused is sincerely regretted.
Criminal Law (Forensic Procedures) Amendment Bill [B 2B - 2009] - Act No 6 of 2010 (assented to and signed by President on 1 October 2010).
Basic Education Laws Amendment Bill, 2010, submitted by the Minister of Basic Education.
Referred to the Portfolio Committee on Basic Education and the Select Committee on Education and Recreation.
Criminal Procedure Amendment Bill, 2010, submitted by the Minister of Justice and Constitutional Development.
Refugees Amendment Bill [B 30 - 2010] (National Assembly - sec 75).
Merchant Shipping (Safe Containers Convention) Bill [B 31 - 2010] (National Assembly - sec 75).
Directives (Plea and Sentence Agreements), issued in terms of section 105A (11) of the Criminal Procedure Act, 1977 (Act No 51 of 1977).
Report and Financial Statements of the National Youth Development Agency (NYDA) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
A letter has been received from the chairperson of the Independent Commission for the Remuneration of Public Office-Bearers, Judge L W Seriti, requesting comment and input from members of Parliament on the commission's Concept Paper on Tools of Trade and its Annexure "A" by 11 November 2010.
Referred to the Joint Rules Committee for consideration.
Reports and Financial Statements of the Cross-Border Road Transport Agency (C-BRTA) for 2009-2010, including the Reports of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Correction: The above entry replaces item 4(b) under Tablings in the name of the Minister of Transport in the Announcements, Tablings and Committee Reports of 22 September 2010, on p 2867.
Report and Financial Statements of the Energy Sector Education and Training Authority (ESETA) for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 102-2010].
Report and Financial Statements of the South African Micro-finance Apex Fund for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP 128-2010].
Correction: The above entry replaces item 18(b) under Tablings in the name of the Minister of Economic Development in the Announcements, Tablings and Committee Reports of 30 September 2010, on p 2901.
Petition from Mr Amichand Munasur, praying for a pension - (presented by Mr L T Landers).
Letter from the Minister of Higher Education and Training dated 13 October 2010, to the Speaker of the National Assembly explaining the delay in the submission of the Annual Report of the Energy Sector Education and Training Authority (ESETA) for 2009-2010.
I hereby wish to inform the Speaker to Parliament, as the Minister of Higher Education and Training that it has come to my attention that the Energy SETA (ESETA) was unable to submit its Annual Report 2009/10 on time as per the deadline stipulated from the PFMA, for tabling in Parliament.
However, I am aware that the ESETA has recently been subject to internal capacity constraints, which necessitated the placing of the ESETA under administration. These capacity constraints also impacted on the effective appointment of a service provider, which caused undue delay in the process.
Further delays were caused by the change in signatories, necessitated by the dismissal of the CEO and the suspension of the Accounting Authority, which delayed payment to the service provider and caused an additional delay in production, until accounts had been settled.
Hence, the ESETA could not meet the requirement of submitting the Annual Report to the Department of Higher Education for submission to Parliament.
The constraints as set out above have been addressed and the Annual Report will be submitted to my Office by no later than Tuesday, 12 October 2010 for tabling to Parliament.
I therefore, apologise for any inconvenience that this might cause.
Report of the Public Service Commission (PSC) on An Assessment of the State of Professional Ethics in the Western Cape Provincial Government - May 2010 [RP 77-2010].
The Portfolio Committee on Defence and Military Veterans, having considered the subject of the Defence Amendment Bill [B 11 - 2010] (National Assembly - sec 75), referred to it, and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 11A - 2010].
Immigration Amendment Bill [B 32 - 2010] (National Assembly - sec 75).
Rural Development and Land Reform General Amendment Bill [B 33 - 2010] (National Assembly - sec 75).
After consultation with the Chief Whip of the Majority Party and senior whips of the other parties, I have decided to appoint an Ad Hoc Committee on the Commission for Gender Equality (CGE) Forensic Investigation.
report to the House by no later than 26 November 2010.
This decision will be tabled in the Assembly for ratification in terms of Rule 214(2).
Proclamation No R. 55 published in Government Gazette No 33596 dated 1 October 2010: Commencement of section 28 and section 51, in terms of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Proclamation No R. 56 published in Government Gazette No 33598 dated 1 October 2010: The reappointment of members of the Tax Courts, in terms of the Income Tax Act, 1962 (Act No 58 of 1962).
Government Notice No R. 867 published in Government Gazette No 33596 dated 1 October 2010 : Amendment of Money Laundering and Terrorist Financing Control Regulations, in terms of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No R. 869 published in Government Gazette No 33596 dated 1 October 2010: Exemption, in terms of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No R. 846 published in Government Gazette No 33585 dated 1 October 2010: Amendment of Schedule No.1 (No. 1/1/416), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 847 published in Government Gazette No 33585 dated 1 October 2010: Amendment of Schedule No.3 (No. 3/664), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No 866 published in Government Gazette No 33597 dated 1 October 2010: Determination of interest rate for purposes of paragraph (a) of the definition of "official rate of interest" in paragraph 1 of the Seventh Schedule to the Act, in terms of the Income Tax Act, 1962 (Act No 58 of 1962).
Government Notice No R. 871 published in Government Gazette No 33601 dated 8 October 2010: Amendment of Schedule No.3 (No. 3/665), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
informing the National Assembly of the resignation of Ms B Masekela, Mr M A Mello, Mr D Niddrie and Ms F Sekha from the board of the South African Broadcasting Corporation (SABC); and requesting the Assembly to recommend, in accordance with the provisions of the Broadcasting Act, 1999 (Act No 4 of 1999), four suitable candidates to fill the above-mentioned vacancies for the unexpired portion of the period for which the vacating members had been appointed.
Millennium Development Goals Country Report 2010.
Code of Judicial Conduct, submitted on 30 September 2010 in terms of section 12(2) of the Judicial Service Commission Act, 1994 (No 9 of 1994).
Regulations on Judges' Disclosure of Registrable Interests, submitted on 30 September 2010 in terms of section 13(7) of the Judicial Service Commission Act, 1994 (No 9 of 1994).
The Committee on Private Members' Legislative Proposals and Special Petitions, having considered the legislative proposal regarding the President's power to pardon, and having consulted with the Portfolio Committee on Justice and Constitutional Development, the Ministry of Justice and Constitutional Development and the Presidency and listened to the presentation and briefing by Honourable J Selfe, recommends that permission not be granted to the member to proceed with the proposed legislation. Two members of the committee, Honourable J Kilian (Congress of the People) and Honourable PJC Pretorius (Democratic Alliance), noted their objections to the recommendation of the majority of the committee.
The legislative proposal of Honourable J Selfe, if allowed to proceed, would result in the implementation of an administrative system to regulate the exercise of the President's constitutionally endorsed power to pardon.
The President's power to pardon flows from the Constitution and is not based on the historical influence of the prerogative of the Crown to pardon as found in the United Kingdom. This was confirmed by the Constitutional Court in the Certification of the Constitution of the RSA (1996 (10) BCLR 1253 (CC)).
The President's power and functions as the head of state (as found in section 84 of the Constitution) are in nature exercised at his discretion.
The Constitutional Court has confirmed that it has no substantive issue with the power to pardon as found in the Constitution. Although it may appear to be an unfettered power, it is subject to the Constitution and subject to review by the Constitutional Court as the guardian of the Constitution if it is not rationally exercised.
The judiciary does not have the power to pardon; accordingly there is no overlap between the power exercised by the President as head of state and that exercised by the judiciary. The principle of separation of powers is unaffected.
In light of the above, the committee is of the view that the legislative proposal of Honourable J Selfe is not feasible and should not be proceeded with.
South African Postbank Bill [B 14B - 2009] (National Assembly - sec 75).
Taxation Laws Amendment Bill [B 28 - 2010] (National Assembly - sec 77).
Voluntary Disclosure Programme and Taxation Laws Second Amendment Bill [B 29 - 2010] (National Assembly - sec 75).
Report and Financial Statements of the Breede-Overberg Catchment Management Agency for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010 [RP 221-2010].
Report and Financial Statements of the Inkomati Catchment Management Agency for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010 [RP 162-2010].
The Committee on Private Members' Legislative Proposals and Special Petitions, having considered the legislative proposal regarding the President's power to pardon, and having consulted with the Portfolio Committee on Justice and Constitutional Development, the Ministry of Justice and Constitutional Development and the Presidency and listened to the presentation and briefing by Honourable P De Lille, recommends that permission not be granted to proceed with the proposed legislation, as Ms De Lille is no longer a Member of Parliament. In terms of Rule 234(1) of the Rules of the National Assembly, only "[a]n Assembly member" can submit a legislative proposal "in an individual capacity".
The legislative proposal of Honourable De Lille, if allowed to proceed, would have resulted in an amendment of the Constitution as it was argued that section 84(2)(j) should be removed from the Constitution.
The President's power and functions as the head of state (found in section 84 of the Constitution) is in nature a power exercised at his discretion.
In light of the above, the committee is of the view that the legislative proposal of Honourable P De Lille is not feasible and should not be proceeded with.
The Budgetary Review and Recommendation Report of the Portfolio Committee on Water and Environmental Affairs on the performance of the Department of Environmental Affairs for the 2009/10 financial year, dated 21 October 2010.
In May 2009, the President of the Republic of South Africa announced the restructuring of Cabinet and national departments to align the structure and the electoral mandate of government with the developmental challenges confronting our country. Proclamation No. 32367, gazetted in 2009, determined the re-alignment of the following departments: Department of Water Affairs and Forestry; Department of Environmental Affairs and Tourism and Department of Agriculture. This resulted in the establishment of the following: Departments of Tourism; Agriculture, Forestry and Fisheries; the Department of Environmental Affairs and Department of Water Affairs (under the Ministry of Water and Environmental Affairs).
Within the fisheries component, the Department of Environmental Affairs retained its activities in regard to conserving and sustaining the use of marine and coastal resources. This is reflected in the work of the department within Programme 3: Marine and Coastal Management. A government-wide task team was established under the auspices of the Department of Public Services and Administration (DPSA) to oversee the transition.
A strategic planning workshop was held with the department and all the public entities reporting to it, which included the Ministry and all senior managers.
Departmental quarterly expenditure trends briefings, to ascertain expenditure patterns.
Through correspondence and briefings, the committee received progress reports on the departmental programmes and projects on the ground such as pollution and waste treatment management and infrastructure, Expanded Public Works Programme, public awareness campaigns and climate change mitigation and adaptation programmes/projects.
Annual report briefings, in terms of Section 65 of the Public Finance Management Act of No.1 of 1999, which requires that Ministers table the annual reports and financial statements for the department and public entities to parliament.
The mandate of the committee is underpinned by the provisions of the Constitution of the Republic of South Africa, 1996, Parliament's vision and mission, and the rules of Parliament.
Conduct oversight on behalf of the public, over the Department of Environmental Affairs to ensure executive enforcement of environmental rights as enshrined in the Constitution of the Republic of South Africa, 1996. Section 24 guarantees all South Africans a right to an environment that is nor harmful to their health or well-being of its citizens.
Oversee and review all matters of public interest relating to the environmental sector and economic development to ensure service delivery.
Ensure compliance by the department and its entities to relevant legislation (financial and other).
Monitor the expenditure of the department and its entities and ensure regular reporting to the committee, within the scope of accountability and transparency.
The mandate and core business of the department is underpinned by the Constitution and all other relevant legislation and policies applicable to the government, including the Batho Pele White Paper.
A prosperous and equitable society living in harmony with our natural resources.
To lead sustainable development of our environment and tourism for a better life for all.
Promoting the conservation and sustainable utilisation of natural resources.
Protecting and improving the quality and safety of the environment.
Facilitating an effective national mitigation and adaptation response to climate change.
Promoting a global sustainable development agenda.
Facilitating transformation and job creation within the sectors towards poverty eradication.
Five (5) critical programmes determine the work of the department.
In Programme 1: Administration and Support, the purpose is to provide strategic leadership, administration, executive support and corporate services.
80% employee cases were processed within timeframes.
Human resource development strategy was implemented.
Implementation of Master Systems Plan (knowledge and information management system).
Effective frontline services with 95% of call centre requests being processed as per service level standards - within 48 hours.
Optimized 55% of media sources.
There was a 95% website uptime, despite the 10% increase in traffic.
Unqualified audit report.
One of the concerns expressed in this programme is the continued lack of meeting of employment targets due to high staff turnover. Ironically, it was stated in the departmental 2008/09 annual report that the department had succeeded in reducing the rate at which departmental staff had been leaving the department for other opportunities. For example, it was stated in the 2008/09 annual report that the effective implementation of an economically efficient retention strategy by the department resulted in lowering the annual rate of departure of staff from 22.1% in the 2007/08 financial year to 11.96% in the 2008/09 financial year. However, the 2009/10 annual report indicates that 17.9% of various positions in the establishment were vacant. Of particular concern to the committee is that the departmental documentation is silent on time-frames in which they hope to achieve the full complement of skilled personnel.
Other gains reported during the 2008/09 financial year included the progress made in the tendering process for the construction of the new building. Interestingly, the same matter is reported as a gain in the 2009/10 annual report.
75% of 560 Environmental Impact Applications (EIAs) were processed within prescribed timeframes.
100 appeals inputs were made within prescribed timeframes.
286 officials were trained in EIA administration.
42 ambient air quality monitoring stations provided information to SAAQIS.
Waste management activities were published.
95 waste treatment sites were licensed.
It is reported that for this programme, the department continues to see an increase in compliance with environmental legislation by industry. The department trained 286 officials in EIAs administration, thereby contributing to increasing the rate of processing of EIA applications. It is stated that 75% of 560 EIA applications were processed. However, there is no clarity about the duration of the timeframe within which the EIA applications should be considered. In fact, several attempts were made during committee meetings to determine the duration of these timeframes. The committee therefore requires, as a matter of urgency, this information from the department as soon as possible.
The department should work toward attaining 100% in assessing EIA applications on time, rather than any percentage below 100%, as delayed consideration of EIA applications may discourage potential investors and developers. Some of the developments for which EIA applications are being delayed might have very significant implications for job creation and hence poverty eradication. Furthermore, the department stated that it received and reviewed only a limited number of Environmental Impact Management (EIM) applications during the 2009/10 financial year. It would be appropriate to state why only four EIM allocations were received and the conditions under which these applications are made.
The committee is concerned that despite the year-on-year growth in the number of qualified Environmental Management Inspectors, the overwhelming number of these EMIs work on 'green issues' with a comparatively small number of EMIs, less than 20% of the total, focusing on the so-called 'brown issues' of compliance and enforcement in the fields of waste management and air quality management. There needs to be a concerted effort by the department not only to grow the number of EMIs, but to ensure that more are trained in 'brown issues'.
In Programme 3: Marine and Coastal Management, the purpose is to promote the conservation and sustainable use of marine and coastal resources to contribute to economic growth and poverty alleviation. This is also aimed at facilitating transformation and job creation within the sector towards poverty alleviation in achieving this department.
All planned relief voyages to Antarctica, Marion and Gough Islands were successfully carried out (oceanographic and biodiversity research, as well as meteorological observations).
Population estimates of top marine predators (seals and seabirds) conducted.
Research towards the establishment of the first offshore Marine Protected Area in the immediate exclusive economic zone was published.
Prince Edward Island Marine Protected Area was gazetted for comment.
Physical marine coastal environment was assessed to produce bi-annual state of the ocean environment reports.
Integrated Coastal Management Act, No. 24 of 2008 was promulgated in December 2009. Supporting measures are in place to implement the Act.
Water quality guidelines for recreational use of coastal waters have been revised.
The Marine Living Resources Fund (MLRF) finances the operations of the Marine and Coastal Management (MCM) Programme, which served as the branch of the national Department of Environmental Affairs and Tourism. The Marine and Coastal Management Programme is responsible for managing the development and sustainable use of South Africa's marine and coastal resources, as well as for protecting the integrity and quality of its marine and coastal ecosystems.
This mandate is a complex and often controversial one, that is, the achievement of a healthy balance between sustainable utilization of marine and coastal resources, and the protection and conservation of these same resources, is an ongoing challenge that requires a well-planned strategy and regular time-framed monitoring and evaluation of implementation processes. However, growing and enhancing the sustainability of the marine fisheries sector, as indicated in the 2009/10 annual report of the department is indeed a strategic objective, particularly in the quest for poverty eradication among the impoverished communities in the proximity of these marine and coastal resources.
Marine aquaculture is poised to play a significant role in this regard. Thus, it would be appropriate for the department to clarify the progress made in the establishment of marine aquaculture in the context of integrated coastal management per the relevant legislation (Integrated Coastal Management Act, No. 24 of 2008). Similarly, instead of reporting on the population estimates of top marine predators, such as seals and sea birds, it would be appropriate for the department to report generally on the ecological status of the South African marine fisheries resources, taking into account the pollution status of the marine environment in the country's exclusive economic zone, number of effluent pipes discharging directly into the sea, conservation status of commercial fisheries species and the number of commercial fishing vessels and their profiles in terms of BEEE.
In Programme 5: Biodiversity and Conservation, the purpose is to ppromote the conservation and sustainable use of natural resources to contribute to economic growth and poverty alleviation.
CITES Regulations were published for implementation.
Draft Norms and Standards for the Management of damage causing animals were developed.
National Regulations for Alien Invasive Species were finalized.
25% of the National Biodiversity Framework was implemented.
This programme saw the reviewing of 42 permit applications for conducting bioprospecting activities involving indigenous biological resources. It is stated that considerable benefits would flow to the communities who own the concerned biological resources and the associated indigenous knowledge. In fact, it is pointed out that a permit had been issued for one such application and that benefits had already accrued to the relevant beneficiaries. It would be appropriate to clarify those kinds of benefits and also identify the recipient communities, as well as the inception time of the bioprospecting project to gain an understanding of its sustainability. It was further stated that all of the 34 bioprospecting permit applications, which were from the 2008 backlogs, were assessed in the period under review. There needs to be clarity on whether the 34 permit applications were part of the 44 permit applications that were evaluated during the 2009/10 financial year and if so, what merits the double entry of the same activity There also needs to be clarity on whether there are existing backlogs, for example, from 2009, considering the fact that backlogs from 2008 were only assessed in the 2009/10 financial year?
Similarly, the Draft Norms and Standards for the Management of Damage-causing Animals, which were supposed to be completed in the 2009/10 financial year, are deferred for submission for approval in the 2010/11 financial year. The department should clarify the current management of human-and-wildlife conflicts in the absence of these norms and standards.
There is also a low submission rate of elephant management plans to the department by the relevant conservation agencies. More clarity is also required on how the elephants in the country's protected areas are being managed. The department also indicated that processes are underway to establish elephant research programmes and desertification and dry-lands research programmes, although it is conventional wisdom that there are South African scientists who have long been involved in these types of research. It would be appropriate for the department to explain the context in which ongoing elephant and desertification and dry-lands research is being done.
218 persons trained over 365 days, which created 79 733 training days within the EPWP.
186 permanent jobs were created.
21 138 temporary jobs created.
369 SMME's were used.
995 youth benefited from the department's National Youth Programme.
This programme, along with the Department of International Relations continued to play a leading role in international negotiations centering on sustainable development, chemicals management, fisheries management, climate change and biodiversity. South Africa is indeed visible in relevant bi-and multi-lateral forums, as well as playing a crucial role in South-South relations. At the local level, the department is implementing the strategic goal of 'empowerment through information sharing and sound stakeholder relation'. This is being achieved through the improvement of intergovernmental cooperation and coordination, optimizing access to information and through improved quality of stakeholder engagements.
Climate Change is a new programme, with the aim of facilitating an effective national mitigation and adaptation response to climate change. This is indeed necessary, considering the ongoing and anticipated negative consequences of climate change for South Africa, in the absence of appropriate mitigation and adaptation interventions by the Government.
The protection, conservation and enhancement of environmental assets, natural and heritage resources.
Ensuring a sustainable and healthy environment.
Contributing to sustainable economic growth, livelihoods and social cohesion.
Providing leadership on climate change action.
Promoting skills development and employment creation by facilitating green and inclusive economic growth.
Creating a better Africa and a better world by advancing national environmental interests through a global sustainable development agenda.
In the 2010/11 financial year, the Department of Environmental Affairs was allocated a total budget of R2.6 million before the adjustment period. In the first quarter of the 2010/11, the department spent R444.5 million of its budget.
Programme 1: Administration was allocated a total amount of R255.037 million for 2010/11 financial year before adjustment. The department spent R40.349 million or 16%. This is due to the fact that the department had not as yet received its first quarter claims from the Department of Public Works for office accommodation.
Programme 2: Environmental Quality and Protection was allocated R321.311 million for the 2010/11 financial year. The department spent R73.806 million or 23% of the allocation. The largest part of the expense was attributed to employee compensation, amounting to R17.8 million. A breakdown shows that R3.2 million was spent on performance bonuses; R2.1 million on domestic travel; R1.7 million on foreign travel and R3.7 million on other operational expenses - a total of R28.5 million.
Buyisa-e-Bag did not receive a transfer in the first quarter, as no business plans were provided.
Programme 3: Oceans and Coastal Management was allocated an amount of R229.356 million for the 2010/11 financial year before adjustment. The department spent approximately R53.019 million or 23% of the allocation. A breakdown reflects the following: Integrated Coastal Management used R27.8 million and Coastal and Oceans Assessment and Research used R25 million.
A number of personnel had been transferred to the Department of Agriculture, Forestry and Fisheries, whose personnel database had not been ready at the time of the transfer, and therefore the department had paid R16.2 million in salaries and performance bonuses of R4 million in the interim.
Programme 4: Climate Change was allocated R573.865 million for the 2010/11 financial year. The department spent R19.1 million or 3% in the first quarter on relief vessels, of which 308 million of the total allocation was utilised for the replacement of the Polar Research Vessel, which reduced the amount of money available for the rest of the programme. Installments for this would be paid in September 2010 and January 2011 and the vessel would be delivered in early 2013.
Programme 5: Biodiversity and Conservation was allocated R399.588 million for the 2010/11 financial year. In the first quarter, the department spent R91.362 million or 23% mainly towards transfers to the public entities, whilst the bulk of the expenditure, after transfers went towards compensation of employees and performance bonuses.
iSimangaliso Wetland Park Authority: R5.3 million.
South African National Parks: R38 million.
South African National Biodiversity Institute: R35 million.
Programme 6: Sector Services, Environmental Awareness and International Relations received an allocation of R828.637 million or 20% for the 2010/11 financial year. Of this amount, R166 million was spent in the first quarter on social responsibility, policy and projects, including the Expanded Public Works Programme.
Programme 1: With regards to the high turnover rate within the department, the Recruitment and Retention strategy needs to be evaluated and not just reported on as a tool that is in place. If the tool is not achieving the objectives, then other strategies and mechanisms need to be explored to remedy the constraint. The committee is cognizant that the environmental management sector is a lucrative one and the movement of staff into the private sector is a key contributing factor and cannot be controlled. The constraints experienced with regards to the construction of the new green building should be clearer and the feasibility in achieving the objective needs to be explored further.
Programme 2: The indicators selected for measuring performance with regards to levels of Environmental Quality and Protection does not actually address the issue of sustainability of the environment or the extension of ecosystem services. The department needs to provide more clarification on how the selected performance indicators actually measure the long term protection of a sustainable environment for all South Africans.
The legislative timeframes for processing of EIA applications are set and instead of actually measuring progress made in achieving these targets, the indicator fails to illustrate how a safe and healthy environment can be assured for present and future generations.
The environmental impacts and cost of the 100 appeal applications need to be quantified and loss of environmental goods and services need to be further correlated with the goal of achieving a safe, healthy and sustainable environment for all South Africans.
The department is applauded for the extensive training and capacity building that is associated with the EIA process, but how this relates to achieving the goals set for the programme is still unclear.
The committee therefore recommends that the indicators should include the actual impact the EIA process and related legislation has had on achieving a sustainable and quality environment for all South Africans. Furthermore, the representation of all the spatial products developed by the department for decision making (viz. Environmental Management Frameworks, EMF and EMPs) and the extent to which these products are actually utilized would be a more accurate performance indicator for this programme. Just ensuring that environmental authorizations are processed according to legislative timeframes does not actually address the level of environmental protection or quality of environment provided for present and future generations.
Another weakness within the programme is the lack of information (performance and financial) related to the progress made in the implementation of the various policies and legislation (e.g. National Strategy for Sustainable Development and NEM: Waste Management Act) that was promulgated in the financial year. The challenges experienced by respective provinces in achieving the indicators are also poorly reflected. Of particular interest is the processesing of 95 waste management sites, are all these sites approved with Environmental Management Plans and are they monitored annually Is the data from the ambient air quality monitoring stations, being processed and utilized for decision making in the Climate Change Strategy How is the department actually tackling disincentives for 'dirty' industries in implementing the National Strategy for Sustainable Development, e.g. granite mining industries should be charged an ecological surcharge for extracting natural resources for private use?
The mandate of the programme was modified last year, and as a result, the programme's focus of ensuring the sustainable utilization of marine fisheries, especially for marginalized coastal communities was recalibrated. Removing the marine aquaculture component to the Department of Agriculture, Forestry and Fisheries is severely inhibiting the department's ability to engage effectively with all stakeholders within the marine fisheries sector. The increase in poaching activities of lucrative marine species (like abalone), the severe decline in population numbers of the African penguin, coupled with the collapse of some marine fish species are indicators of a marine ecosystem in trouble. The programme is ineffective in meeting its objectives and is in dire need of serious interventions if the marine ecosystem is to be used sustainably for present and future generations. The committee also notes that although the Integrated Coastal Management Act, No. 24 of 2008 was promulgated, the department has not reported on the progress made and the challenges experienced during implementation.
On the whole, the indicators that are selected to illustrate the mandate of the programme are inappropriate. The department is more concerned with providing quantitative information as opposed to the qualitative information regarding the conservation and sustainable utilization of biodiversity within the country. The department reports as an achievement that 25% of the National Biodiversity Framework (NBF) was implemented, but the percentage is not related to any actual products or progress made within the implementation plan. Is there a clear and directed implementation plan for the NBF How is this plan being implemented at a provincial level Furthermore, the rate that the department is producing Biodiversity Management Plans is very concerning; currently we have a list of Threatened or Protected Species (TOP's), which all require Biodiversity Management Plans, within what timeframes will these be completed and will they still be applicable if the rate of species decline is factored into the timeframes?
The department has been reporting for the last few years on the need for securing a grassland national park, yet this biome is constantly threatened by other land-uses (e.g. development, agriculture and mining), especially in Gauteng, Free State and Mpumalanga. The committee is concerned that no real progress can be reported on this objective due to the lack of suitable land to conserve. The high rate of urbanization, increased agricultural production and the reliance on coal as an energy source are all contributing to the dramatic destruction of important grassland and wetlands which provide ecosystem services like flood attenuation and water purification.
The latest WWF Living Planet Index indicates that South Africa, together with other developing countries is experiencing the highest levels of species extinctions. The Red List of South African Plants, launched by the South African Biodiversity Institute (SANBI), within the financial year under review also quotes alarming statistics. The department though, is not providing the interventions and strategies to curb these trends but rather concerned with achieving targets that have no relevance to ensuring that natural resources are used sustainably. The challenges and constraints in drafting and implementing Biodiversity Management Plans, Bioregional Plans and Conservation Plans to ensure effective decision making on the conservation of South Africa's unique and important biodiversity is severely lacking. Impoverished communities rely on natural resources for the basic food requirements and medicinal needs and these are not addressed in this programme. As a signatory to the Convention on Biological Diversity (CBD), South Africa has an obligation to conduct a biodiversity inventory and have mechanisms in place to address impacts associated with over harvesting and other unsustainable practices. The current trends indicate that as a nation we are increasing our ecological footprint so drastically that many of our endemic (occurring no where else in the world) species are listed as threatened due to poor land-use management decisions and unsustainable practices.
The recent Millennium Development Goals Country Report 2010, presented to parliament on 20 October 2010 notes that current indicators suggest that the timetable for implementing the indicators of MDG 7 will not be met.
The need for South Africa to integrate the principles of sustainable development into its national policies and programmes.
The international community should encourage action towards sustainable biodiversity management as a vehicle for sustainable development. In this regard, the commitments made by developed countries in the Copenhagen Accord of December 18, 2009 to provide resources amounting to USD 30 billion for the period 2010 - 2012 with balanced allocation between adaptation and mitigation should be concretized.
The additional commitment by developed countries which relates to the mobilization of USD 100 billion a year by 2020 to address the need of developing countries is an opportunity for South Africa to speed up the transformation of MDG 7.
The committee stresses the importance of the department taking note of the weaknesses in the country report and urgently addresses the highlighted issues.
The Department of Environment and Tourism was allocated an amount of R3.51 billion in the 2009/10 financial year, which is 0.8 per cent of the main budget. This takes into account the adjustment made by the department during adjustment period in the same year. During the adjustment the department received about R29.8 million as additional budget in the 2009/10 financial year, this has increased the final appropriation of the department from R3.48 billion to R3.510 billion respectively. The department has spent R3.50 billion or 99.8 per cent at the end of 2009/10 which is R7.3 million or 0.2 per cent under-spending. This under- spending has emanated from the following programmes.
Programme 1: Administration was allocated a total budget of R273.1 million for the 2009/10 financial year after the adjustment budget. The programme spent exactly R273.1 million or 100 per cent of this budget. The department spent according to its projections in this programme. Although the budget is well spent in this programme, there was an amount of R50 million, which was shifted from other programmes to this programme. This was, as a result of, increased office accommodation space, which includes municipal costs and leases of the building. This increased the balance of the budget in this programme. The movement of funds was done during the adjustment period, within the scope of Section 43 of the Public Finance Management Act.
Programme 2: Environmental Quality and Protection was allocated a total amount of R624.6 million for the 2009/10 financial year after the adjustments period. The department had spent R285.8 million or 99.8 per cent of this budget. The reasons for lower than expected expenditure was due to the under expenditure on Buyisa-e-Bag sub programme, which did not spend the entire budget of R30 million but only about R28 million or 98 per cent of its allocation. Of note is that an amount of R9.1 million was still shifted from this programme to other programmes in the same period.
Programme 3: Marine and Coastal Management was allocated a total amount of R624.6 million for the 2009/10 financial year. The programme spent R621.6 million or 99.5 per cent at the end of the financial year. The reasons for the unspent funds were due to compensation of employee costs related to overtime and filling of vacancies. An amount of R34.8 million was shifted form other programmes to this programme during the adjustment period.
Programme 5: Biodiversity and Conservation was allocated a total amount of R387.6 million for the 2009/10 financial year. Of this amount, the department spent up to R386.8 million or 99.8 per cent of the entire budget of this programme. An amount of R13.4 million was moved from this programme to other programmes during the adjustment period in the same year.
Programme 6: Sector Services and International Relations was allocated a total amount of R1.126 billion for the 2009/10 financial year. Of this amount, the department spent up to R1.123 billion or 99.7 per cent of the entire budget of this programmme. An amount of R88.6 million, R81.6 million and R14.1million were moved away from this programme to other programmes during the adjustment period in the same year.
According to some analysts, this movement of funds could result in un-intended consequences. When a department moves funds from one programme to the other, the funds do not move with the programme. This could defeat the intended goal of a particular programme. Personnel in the department often move funds precisely because of poor financial planning for a particular year. This may also indicates that personnel do not make use of the medium term expenditure framework correctly, which provides clear three year projections.
The Department of Environmental Affairs and Tourism remained focused on ensuring that they jointly deliver on the commitments made in the Strategic Plan during the period under consideration, although the Department of Tourism had been established as a stand-alone department. Vote 25 of 2009/10 had combined environmental affairs and tourism. As of April 2010, Vote 29 had come into effect and encompassed only environmental affairs.
The department had managed to spend 98% of its budget and much of the remainder was related to capital expenditure that would take place in 2010/11.
The department's audit committee indicated that internal controls have been operating as intended in some areas, while others needed attention. In instances where control weaknesses were detected, the Audit Committee has considered and evaluated management responses and action plans to facilitate corrective measures. The implementation of such corrective measures is monitored through issue tracking reports and follow-up review reports submitted regularly to the committee.
The financial statements and performance information were subjected to material amendments.
The financial statements and other information, which were to be included in the 2009/10 annual report were not checked for completeness and accuracy before submission for audit.
The management of the department took long to provide appropriate information needed for auditing the performance of the department against its predetermined objectives.
Much effort was required to obtain adequate appropriate audit evidence to verify the departmental performance against its own predetermined objectives.
It may be appropriate for the department to address the concerns raised by the Auditor-General and state how it aims to ensure that these problems do not recur.
The department appeared twice before the Standing Committee on Public Accounts in the 2009/10 financial year. These related to the department's plan of dealing with confiscated abalone and the department's involvement in dealing with abandoned mines. The department has no outstanding resolutions from this process.
The committee noted that the department, at a strategic level, is doing satisfactory work, but this does not necessarily translate into effective service delivery in rural areas. For example, there needs to be climate change mitigation and adaptation projects in impoverished rural parts of South Africa. Similarly, the focus on biodiversity conservation should not only be on protected areas projects, but also on utilizable landscape, such as areas owned by communities to improve the living standards of poor communities.
It is also worth noting that three pieces of legislation have been fully commenced over the period of the current and previous financial year: The Waste Act; The Air Quality Act and The Integrated Coastal Management Act. These Acts place considerable new financial burden on the department, provincial government and local government. Despite full commencement, full actual realization of these statutes is going to take several years to implement, primarily because of considerable skills shortages and budgetary constraints at the local government level. It is imperative that an increased budgetary allocation towards the full realization of these Acts over an accelerated time-frame is provided. The department needs to be able to increase its capacity building initiatives at a local government level, and provide strategic support and interventions, in terms of the co-operative governance framework, to other spheres of government.
The Department of Environmental Affairs is well governed, compliant with relevant Treasury regulations and achieves satisfactory outcomes against the annual business plan. The department is however not nearly realizing its full potential and is, by admission of its own senior officials, hampered by the inadequate allocation that is appropriated to it each year, in addition to the lack of skilled human resources in some projects/programmes.
Environmental Quality and Protection is a programme of this department that needs an increased budgetary allocation. The committee would like to point out that a healthy environment contributes to a healthy and productive citizenry. A degraded environment increased the burden on the public health sector and the economy. Further, it must be noted that the health risks encountered from degraded environments acutely affect the poor and marginalized in our country.
With this in mind, this committee would like to strongly recommends that efforts to fully implement and enforce the Air Quality Management Act, No. 39 of 2004; the National Environmental Management Act, No. 107 of 1998 (as amended in 2009) and the Waste Act, No 59 of 2008 are urgently required. South Africa urgently needs more Environmental Management Inspectors that work on 'brown issues' and it needs further capacitation of other spheres of government, but particularly local government, to design plans for the implementation of this legislation, and to enforce it.
This committee is of the strong opinion that the Department of Environmental Affairs requires a higher budgetary allocation for Environmental Quality and Protection.
Report and Financial Statements of the Financial Services Board for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP195-2010].
Report and Financial Statements of Vote No 11 - Statistics South Africa for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP91-2010].
Report and Financial Statements of the Office of the Ombud for Financial Services Providers for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Public Investment Corporation Ltd for 2009-10, including the Report of the Auditor-General on the Financial Statements for 2009-10 [RP92-2010].
Report and Financial Statements of Sasria (Ltd) for 2009-10, including the Report of the Independent Auditors on the Financial Statements for 2009-10.
Report and Financial Statements of the Office of the Pension Funds Adjudicator for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP251-2010].
Report and Financial Statements of the South African Reserve Bank for 2009-10, including the Report of the Independent Auditors on the Financial Statements for 2009-10.
The following papers are referred to the Portfolio Committee on Public Service and Administration for consideration and report.
Report and Financial Statements of the State Information Technology Agency (Pty) Ltd (Sita) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP248-2010].
Report and Financial Statements of Vote No 9 - Department of Public Service and Administration for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP211-2010].
Report and Financial Statements of the Public Administration Leadership and Management Academy (Palama) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP 191-2010].
Report of the Public Service Commission (PSC) on an Assessment of the State of Professional Ethics in the Western Cape Provincial Government - May 2010 [RP77-2010].
Report and Financial Statements of Vote No 31 - Department of Science and Technology for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP244-2010].
Report and Financial Statements of the Tshumisano Trust for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African National Energy Research Institute (Pty) Ltd for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
The following papers are referred to the Portfolio Committee on Cooperative Governance and Traditional Affairs for consideration and report.
Report and Financial Statements of the Municipal Demarcation Board for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP227-2010].
Report and Financial Statements of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP235-2010].
Report and Financial Statements of the National House of Traditional Leaders (NHTL) for 2009-2010 [RP267-2010].
Report and Financial Statements of Vote No 29 - Department of Cooperative Governance and Traditional Affairs for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP252-2010].
Report and Financial Statements of the South African Local Government Association (Salga) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African Post Office (Ltd) for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African Broadcasting Corporation Limited (SABC) for 2009-10, including the Report of the Independent Auditors on the Financial Statements for 2009-10.
Report and Financial Statements of the Universal Service and Access Agency of South Africa (Usaasa) for 2009-10, including the Reports of the Auditor-General on the Financial Statements of Universal Service and Access Agency of South Africa (Usaasa) and the Universal Service and Access Fund (USAF) for 2009-10 [RP202-2010].
The following papers are referred to the Portfolio Committee on Energy for consideration and report.
Report and Financial Statements of the National Nuclear Regulator for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP78-2010].
Report and Financial Statements of Vote No 28 - Department of Minerals and Energy for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP69-2010].
Report and Financial Statements of the Electricity Distribution Industrial Holdings (Pty) Ltd (EDIH) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP 236-2010].
Report and Financial Statements of the Central Energy Fund Group of Companies (CEF) for 2009-10, including the Report of the Auditor-General and the Independent Auditors on the Financial Statements and Performance Information for 2009-10 [RP168-2010].
Report and Financial Statements of the South African Nuclear Energy Corporation Limited (Necsa) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP 197-2010].
Report and Financial Statements of the National Energy Regulator of South Africa (Nersa) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP192-2010].
The following papers are referred to the Portfolio Committee on Home Affairs for consideration and report.
Report and Financial Statements of Vote No 4 - Department of Home Affairs for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP190-2010].
Report and Financial Statements of the Film and Publication Board for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP250-2010].
The following papers are referred to the Portfolio Committee on Mining for consideration and report.
Report and Financial Statements of the Council for Mineral Technology (Mintek) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP31-2010].
Report and Financial Statements of the State Diamond Trader for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Council for Geoscience for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP79-2010].
Report and Financial Statements of the Mine Health and Safety Council (MHSC) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP09-2010].
Report and Financial Statements of the South African Diamond and Precious Metals Regulator for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP83-2010].
Report and Financial Statements of South African Express Airways (Pty) (Ltd) for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African Airways (Pty) (Ltd) for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of Alexkor Limited for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of Pebble-Bed Modular Reactor (Pty) Ltd (PBMR) for 2009-10, including the Report of the Independent Auditors on the Financial Statements for 2009-10 [RP258-2010].
Report and Financial Statements of the South African Forestry Company (Ltd) for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Road Accident Fund for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP45-2010].
Report and Financial Statements of the Railway Safety Regulator for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP67-2010].
Report and Financial Statements of the Driving License Card Account for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP199-2010].
Report and Financial Statements of Vote No 33 - Department of Transport for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP198-2010].
Report and Financial Statements of the Passenger Rail Agency of South Africa (Prasa) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP169-2010].
Report and Financial Statements of the South African Maritime Safety Authority (including the Maritime Fund) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP216-2010].
Reports and Financial Statements of the Ports Regulator of South Africa for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Report and Financial Statements of the South African Search and Rescue Organisation for 2009-10.
Report and Financial Statements of the State of Railway Safety in South Africa of the Railway Safety Regulator for 2008-09 [RP256-2010].
Reports and Financial Statements of the Cross-Border Road Transport Agency (C-BRTA) for 2009-10, including the Reports of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
The following paper is referred to the Portfolio Committee on Home Affairs for consideration and report.
Report and Financial Statements of the Electoral Commission for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP52-2010].
The following papers are referred to the Portfolio Committee on Women, Youth, Children and People with Disabilities for consideration and report.
Report and Financial Statements of the Commission for Gender Equality (CGE) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
The following papers are referred to the Portfolio Committee on Higher Education and Training for consideration and report.
Report and Financial Statements of the Clothing, Textiles, Footwear and Leather Sector Education and Training Authority (CTFL-Seta) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP99-2010].
Report and Financial Statements of the Chemical Industries and Training Authority (CHIETA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP98-2010].
Report and Financial Statements of the Construction Education and Training Authority (CETA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP100-2010].
Report and Financial Statements of the Mining Qualifications Authority (MQA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP115-2010].
Report and Financial Statements of the Banking Sector Education and Training Authority (Bank-Seta) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP97-2010].
Report and Financial Statements of the Insurance Sector Education and Training Authority (Inseta) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP108-2010].
Report and Financial Statements of the Transport Sector Education and Training Authority (TETA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010 [RP116-2010].
Report and Financial Statements of the Agricultural Sector Education and Training Authority (AgriSeta) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP96-2010].
Report and Financial Statements of the Forest Industries Sector Education and Training Authority (Fieta) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP93-2010].
Report and Financial Statements of the Food and Beverages Manufacturing Sector Education and Training Authority for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP144-2010].
Report and Financial Statements of the Media, Advertising, Publishing, Printing and Packaging Sector Education and Training Authority (MAPPP-Seta) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP150-2010].
Report and Financial Statements of the Public Service Sector Education and Training Authority (PSETA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP112-2010].
Report and Financial Statements of the Safety and Security Sector Education and Training Authority (SASSETA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Local Government Sector Education and Training Authority (LGSETA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP109-2010].
Report and Financial Statements of the Health and Welfare Sector Education and Training Authority (HWSETA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP106-2010].
Report and Financial Statements of the Education Training and Development Practices Sector Education and Training Authority (ETDP SETA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP101-2010].
Report and Financial Statements of the Information Systems, Electronics and Telecommunications Technologies Sector Education and Training Authority (Isett-Seta) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP107-2010].
Report and Financial Statements of the Finance, Accounting, Management Consulting and other Financial Services Sector Education and Training Authority for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP103-2010].
Report and Financial Statements of the Manufacturing, Engineering and Related Services Education and Training Authority (MER-Seta) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP111-2010].
Report and Financial Statements of the Tourism, Hospitality and Sport Education and Training Authority (Theta) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance information for 2009-10 [RP118-2010].
Report and Financial Statements of the Wholesale and Retail Sector Education and Training Authority (W&RSETA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP117-2010].
Report and Financial Statements of the Council on Higher Education (CHE) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African Qualifications Authority (SAQA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP94-2010].
Report and Financial Statements of the National Student Financial Aid Scheme for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Energy Sector Education and Training Authority (ESETA) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP102-2010].
The following paper is referred to the Portfolio Committee on Water and Environmental Affairs for consideration and report.
Report and Financial Statements of Vote No 34 - Department of Water Affairs for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP247-2010].
The following paper is referred to the Portfolio Committee on Agriculture, Forestry and Fisheries for consideration and report.
Report and Financial Statements of Ncera Farms (Pty)Ltd for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the National Museum - Bloemfontein for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Performing Arts Centre of the Free State for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of Vote No 20 - Independent Complaints Directorate (ICD) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP243-2010].
The following papers are referred to the Portfolio Committee on Defence and Military Veterans for consideration and report.
Report and Financial Statements of the Armaments Corporation of South Africa Limited (Armscor) for 2009-10, including the Report of the Auditor-General on the Group Financial Statements and Performance Information for 2009-10 [RP215-2010].
Report and Financial Statements of the the Castle of Good Hope Control Board for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP165-2010].
Report and Financial Statements of Vote No 19 - Department of Defence for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP179-2010].
The following papers are referred to the Portfolio Committee on Public Works for consideration and report.
Report and Financial Statements of Vote No 5 - Department of Public Works for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of Agrément South Africa (ASA) for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Council for the Built Environment (CBE) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Independent Development Trust for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP184-2010].
Report and Financial Statements of the Construction Industry Development Board (CIDB) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP257-2010].
The following paper is referred to the Portfolio Committee on International Relations and Cooperation for consideration and report.
Report and Financial Statements of Vote No 3 - Department of International Relations and Cooperation for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Ingonyama Trust Board for 2009-10, including the Report of the Auditor-General on the Financial Statements for 2009-10.
The following papers are referred to the Portfolio Committee on Economic Development for consideration and report.
Report and Financial Statements of the Department of Economic Development for 2009-10.
Report and Financial Statements of the South African Micro-finance Apex Fund for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP128-2010].
Report and Financial Statements of Khula Enterprise Finance Ltd for 2009-10, including the Report of the Independent Auditors on the Financial Statements for 2009-10 [RP160-2010].
Report and Financial Statements of the Competition Tribunal for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance information for 2009-10 [RP50-2010].
Report and Financial Statements of the Industrial Development Corporation of South Africa Limited (IDC) for 2009-10, including the Report of the Independent Auditors on the Financial Statements for 2009-10.
Report and Financial Statements of the International Trade Administration Commission of South Africa for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Competition Commission for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP217-2010].
The following papers are referred to the Portfolio Committee on Sport and Recreation for consideration and report.
Report and Financial Statements of Boxing South Africa for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African Institute for Drug-Free Sport for 2009-10, including the Report of the Auditor-General on the Financial Statements for 2009-10.
The following papers are referred to the Portfolio Committee on Health for consideration and report.
Report and Financial Statements of Vote No 14 - National Department of Health for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP177-2010].
Report and Financial Statements of the Compensation Commissioner for Occupational Diseases in Mines and Works for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the South African Medical Research Council (MRC) for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Report and Financial Statements of the Council for Medical Schemes for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10 [RP67-2010].
Letter from the Minister in The Presidency, undated, to the Speaker of the National Assembly, explaining the delay in the submission of the Annual Report of the National Youth Development Agency (NYDA) for 2009-10.
Proclamation No R46 published in Government Gazette No 33551, dated 13 September 2010: Commencement of the South African Reserve Bank Amendment Act, 2010 on 13 September 2010 in terms of section 9 of the South African Reserve Bank Amendment Act, 2010 (Act No 4 of 2010).
Government Notice No R758 published in Government Gazette No 33507, dated 27 Aug 2010 : Amendment of Schedule No 1 (No 1/1/1414)) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R770 published in Government Gazette No 33514, dated 31 August 2010: Amendment of rules, (DAR/74) in terms of chapter VA and section 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R771 published in Government Gazette No 33514, dated 31 August 2010: Amendment of Schedule No 1 (No 1/1/1415) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R772 published in Government Gazette No 33514, dated 31 August 2010: Amendment of Schedule No 1 (No 1/3/9) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R773 published in Government Gazette No 33514, dated 31 August 2010: Amendment of Schedule No 1 (No 1/3/10) in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R774 published in Government Gazette No 33514, dated 31 August 2010: Amendment of Schedule No 3 (No 3/663) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R775 published in Government Gazette No 33514, dated 31 August 2010: Amendment of Schedule No 4 (No 4/334) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R776 published in Government Gazette No 33514, dated 31 August 2010: Amendment of Schedule No 5 (No 5/91) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R777 published in Government Gazette No 33514, dated 31 August 2010: Amendment of Schedule No 6 (No 6/17) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R762 published in Government Gazette No 33501, dated 3 September 2010: Amendment of Schedule No 2 (No 2/331) in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R763 published in Government Gazette No 33501, dated 3 September 2010: Amendment of Schedule No 4 (No 4/333) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R808 published in Government Gazette No 33552, dated 13 September 2010: Regulations made in terms of section 36 of the South African Reserve Bank Act, 1989 (Act No 90 of 1989).
General Notice No 704 published in Government Gazette No 33374, dated 12 July 2010: Prohibition in terms of sections 15(1) and 15(1)(a) of the Merchandise Marks Act, 1941 (Act No 17 of 1941) on the use of the intellectual property rights of the Moses Mabhida stadium and other stadiums.
Government Notice No R644 published in Government Gazette No 33398, dated 20 July 2010: Direction and procedure for distribution agencies in relation to the distribution of funds from the National Lottery Distribution Trust Fund, issued in terms of section 32(3) of the Lotteries Act, 1997 (Act No 57 of 1997).
Government Notice No R645 published in Government Gazette No 33398, dated 20 July 2010: Regulations and form for the application for a grant, issued in terms of section 60 of the Lotteries Act, 1997 (Act No 57 of 1997).
Government Notice No 634 published in Government Gazette No 33384, dated 23 July 2010: Declaration of Southern African Institute of Government Auditors as accounting officers in terms of section 60 of the Close Corporations Act, 1984 (Act No 69 of 1984).
Government Notice No R685 published in Government Gazette No 33427, dated 6 August 2010: Amendments to regulations on the payment of levy and fees on compulsory specifications in terms of section 14(3)(b) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Directives (Plea and Sentence Agreements) issued in terms of section 105A(11) of the Criminal Procedure Act, 1977 (Act No 51 of 1977).
Letter from the Minister of Higher Education and Training, dated 13 October 2010, to the Speaker of the National Assembly, explaining the delay in the submission of the Annual Report of the Energy Sector Education and Training Authority (ESETA) for 2009-10.
The Portfolio Committee on Home Affairs, having considered the subject of the Local Government: Municipal Electoral Amendment Bill [B 27 - 2010] (National Assembly - section 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 27 A - 2010].
Appointed: Kaylan, Ms S.
Appointed: Meshoe, Rev.
Letter from the Minister of Human Settlements dated 20 October 2010, to the Speaker of the National Assembly explaining the delay in the submission of the Annual Report of the Servcon Housing Solutions (Proprietary) Limited (SERVCON) for 2009-2010.
In terms of Section 55 (3) of the PFMA, public entities must within five months of the end of the financial year, submit annual reports on the activities of that public entity during the financial year, to the relevant Executive Authority for tabling in Parliament through the Accounting Officer of a department designated by the Executive Authority. Submission of Annual Reports for 2009/10 financial year was expected on or before 31 August 2010.
However the National Department of Human Settlements received a letter from SERVCON's Acting Manager Director indicating their inability to comply with the above prescript. The entity could not submit the report in time to meet the end of August 2010 deadline due to the outstanding written confirmation for the write off of interest and penalties by the South African Receiver of Revenue Services (SARS) which has effect on the Financial Statements of SERVCON as it has implications on the reduction of the entity's liabilities.
The entity will only be able to submit once the confirmation from SARS has been received, then the entity would emend the Annual Financial Statements and present the Annual Report to Parliament.
The Portfolio and Select Committees on Women, Youth, Children and People with Disabilities conducted public hearings on the 11 year implementation of the Domestic Violence Act (DVA), No 116 of 1998 on the 28 and 29 October 2009.
Investigate the incidence of human rights violations with respect to violence and abuse.
Establish whether the Domestic Violence Act has been effectively implemented.
Identify key challenges with respect to the implementation of the Domestic Violence Act.
Understand shortcomings in government's response to domestic violence.
Identify best practices models that can be scaled up to mitigate domestic violence.
Make findings and recommendations - identify short, medium and long term solutions and action required by Parliament and the Executive.
Ascertain the impact of the Domestic Violence Act on people, particularly women, youth, children and persons with disabilities.
The delegation consisted of members of the Portfolio Committee on Women, Youth, Children and People with Disabilities from the National Assembly and the Select Committee on Women, Children and People with Disabilities from the National Council of Provinces.
Department of Police, Department of Social Development, Department of Health, Department of Women, Children and Persons with Disabilities, Department of Justice and Constitutional Development.
The committee received 39 submissions from the public including the following organisations and individuals who requested to make oral submissions.
In the absence of a costing framework of the DVA, service delivery was severely impeded, hence resulting in the poor implementation of the Act.
Gender-based violence disproportionately affects women and children. Notwithstanding this, the committee acknowledges that based on the submissions received, persons with disabilities, women and children living on farms, in rural areas and impoverished environments were considerably less likely to have access to effective help. As a result, they may have to endure violent and abusive relationships for longer and thus experience more serious long-term, consequences than those with better access to help and resources.
Patriarchal attitudes and differential power dynamics were at the heart of domestic violence.
Many victims of domestic violence were unaware that their rights were violated and even when they knew, struggled to access the appropriate support services.
It was noted in several submissions that there was an over-emphasis on criminal justice measures to deal with domestic violence and an under-development of violence prevention measures.
There was no overarching framework and implementation strategy to deal with domestic violence holistically.
It was noted that collaboration and communication between the different departments involved in providing services to victims of domestic violence was severely lacking, which resulted in the absence of a holistic vision of service intervention.
A number of submissions highlighted the inadequate nature of the resources available to combat the scourge of domestic violence. Current departmental budgets were not gender responsive, nor did they take into consideration the needs of youth and persons with disabilities. This brings into question how women, children, youth and persons with disabilities were prioritised in departmental spending.
It was highlighted that there was a lack of credible administrative data and related indicators to effectively monitor and evaluate whether government's existing programmes were addressing the needs of victims and perpetrators of domestic violence.
In addition to a lack of data, available statistics to effectively monitor and evaluate domestic violence trends were not disaggregated or reported on timeously.
Existing information systems between various departments on domestic violence was not compatible.
There was no integrated information system to track trends in domestic violence and determine whether the targets set for reducing its incidence and rendering the required programmes in a holistic manner was achieved. It was also not clear what the targets were for reducing the incidents of domestic violence in the country.
The faith-based sector was identified as a key role player in providing support and assistance to victims of domestic violence as religious leaders were often contacted initially for advice. However, presenters at the public hearings were concerned that religious leaders did not always provide the help victims sought and, at times, subjected the victim to secondary abuse.
Numerous reports of non-compliance by members of the police with provisions of the Domestic Violence Act were made by presenters.
It was noted that there appeared to be a disincentive by police officers to record incidents of domestic violence, abuse or rape, as this would negatively affect their target of reducing contact crimes between 7 - 10% annually. Hence, incidents of rape were often reported as a common assault or turned away, with the same practice being adopted in abuse cases.
Firearms were not always confiscated after being used to threaten victims and the license of the alleged perpetrator suspended.
The safety of persons who had obtained protection orders were being compromised by some police officials' unwillingness to arrest perpetrators who violated the protection order.
The behaviour of police officials dealing with victims of domestic violence were reported as being demeaning and discriminatory. Police officials discouraged women from taking action. Police officers also often did not inform victims about accessing a protection order or laying a criminal charge. Submissions by individuals working on farms indicated that particularly in the case of farm workers, police responded by saying that they were 'drunk' farm women and did not attend to their cases. Numerous incidents were reported citing the appalling attitude of police officials who often subject victims to secondary abuse.
Numerous concerns arose regarding protection orders as it relates to ensuring the safety of persons requesting protection orders, the reluctance and often refusal of police officers to serve the order, or to arrest the perpetrator who has violated the protection order.
It was also highlighted that risk assessment needs to be prioritised, so as to make victim safety a priority. This becomes especially important when victims are told to return the next day, resulting in cases where women did not return to file charges.
The lack of resources was noted as an impediment that compromised on the ability of the police to act in accordance with the provisions of the Act. There have, for example, been instances where the police have claimed that they had no vehicles available and situations where the areas from which victims call were not in their jurisdiction, particularly in rural areas. Hence the service was not rendered.
Protection orders often did not serve the purpose they are intended for in that they were not adequately enforced and the victim continued to suffer abuse despite the serving of the protection order.
The cost implications for serving a protection order were not applied uniformly across the country.
Some police officers were reluctant to serve protection orders and in some instances even refused to do so. The undue delay in serving a protection order on an assailant placed the victim in grave danger.
There was insufficient training of SAPS officials to deal with victims of domestic violence. In addition, once-off training was inadequate to ensure officials were equipped to deal with matters related to domestic violence.
Some training of police officials has taken place. However, given the reports of negative attitudes by some police officials, there was a need to review existing training modules and monitor and evaluate their application. The monitoring and evaluation of whether officials require training, at what level, as well as if officials were implementing what they know required serious attention.
It was also highlighted that there was a need to debrief police officials who consistently deal with issues of domestic violence to enable them to cope with their exposure to trauma and remain sensitive to the issue.
Presenters at the public hearings welcomed the re-establishment of specialised units such as the Family Violence Child Protection Unit and Sexual Offences Units (FCS). More clarity was sought as to when and how these units would be introduced, including the provision of adequate resources to these structures. The mandate of these units in relation to domestic violence had been very limited in the past so it was also necessary to clarify their mandate around such cases in future.
Many police stations lack facilities for private consultation due to the absence of trauma rooms or Thuthuzela Centres. As a result, such victims often had to provide statements in environments that were not conducive to confidentiality or safety.
In some instances, lay counsellors assigned to trauma rooms were ill equipped to deal with the counselling needs of victims of domestic violence. The training of these volunteer counsellors was not monitored and/or evaluated. There was also often inadequate supervision of volunteers, as well as a high turnover of volunteers at police stations and trauma rooms.
It also appeared that there was a lack of interdepartmental collaboration between all role players responsible for victim empowerment.
Batho Pele principles were not being applied and the attitude of officials often deterred victims from laying a charge or seeking a protection order.
Domestic violence should be recognised as a reportable category of crime. It was noted that there appeared to be a disincentive by police officers to record incidents of domestic violence, abuse and rape as this would negatively affect their overall performance rating.
In addition, it was also highlighted that domestic violence registers were not being maintained in the manner required.
Community Police Forums did not appear to be dealing with domestic violence. These forums were seen as often being politicised and their effectiveness varied across the country.
For persons with disabilities, access to the criminal justice system remains a problem. An example cited was that localised sign language was not being used within courts, making communication and interpretation difficult.
Courts and police officials needed to become more available in terms of their operating hours. Court services in particular were not available after hours in many areas resulting in limited access, as well as loss of wages for farm women, shift workers and casual employees who have to take time off work to access court.
Victims of domestic violence were subjected to secondary victimisation within the judicial process.
Many court officials were ill-equipped to deal with matters related to domestic violence.
Availability of magistrates after hours was problematic.
Victims of domestic violence were subject to secondary victimisation by court officials and undue delay in court processes.
In many instances, victims were not granted a protection order but requested to return with sufficient evidence or a notice to show cause for a protection order to be granted. This often resulted in women having to return home to the perpetrator without any protection. Victims, who have already suffered trauma, were therefore additionally victimised by the institution whose protection they sought. In addition, the court may also allow the alleged perpetrator to provide a notice to show cause for why a protection order should not be issued.
It was noted that there was a lack of privacy in court when dealing with domestic violence cases. Although sensitive, these proceedings were often open to the public.
There was a lack of a child-centred approach in matters related to court processes and children as victims of domestic violence e.g. postponement of cases and long waiting periods, as well as attitudes of court officials which impact negatively on the child.
Domestic violence was often inter-related with divorce and maintenance matters. Thus, many cases were a combination of criminal and civil matters. However, according to the submissions, many victims of domestic violence report having to engage with the judicial system at multiple points which was costly, confusing and inefficient. Individual cases were not dealt with holistically, which leaves the victim to seek services from multiple points, rather than having all matters dealt with in one place.
The current provision of psycho-social services to victims of domestic violence by government was inadequate. Most victims received support from non-governmental organisations that were battling to survive financially and still render a service.
Government psycho-social interventions were rendered from a purely bio-medical perspective as opposed to a developmental and community-based approach that included psycho-social rehabilitation. Where medical intervention was provided, it was often provided initially with little or no follow-through for the victim after a J88 form had been completed.
Overall, there was insufficient attention to ensuring the safety of children, as well as addressing their specific needs which arose from either witnessing domestic violence or being victims of domestic violence.
It was also highlighted that services were not reaching children. Government social workers did not always visit children in their homes, and as such, children had to go to their offices which impeded access.
In many instances, psycho-social services were only offered to the domestic violence victim, thus ignoring the possible needs of other family members such as children, grandparents etc who had witnessed the violence.
The extent and range of psycho-social services offered was limited, for example, there were few support groups for victims of domestic violence.
It was highlighted that there was a severe shortage of shelters for women, particularly in rural areas. It was not evident if any measures were in place to address the shortage.
In addition, the limited access to emergency shelters for victims of domestic violence required urgent attention.
There was a lack of synergy between the different programmes within the Department of Social Development. As such, a victim of domestic violence was often not assessed for social security benefits.
It was noted that in many instances, persons with severe mental illness struggle to access disability grants, and that the South African Social Security Agency must ensure measures to make these services accessible.
The Victim Empowerment Programme had failed many victims of domestic violence, largely due to the inadequate allocation of resources to implement the programme, as well as the Minimum Standards for Service Delivery in Victim Empowerment.
The lack of guidelines for the Victim Empowerment Programme (VEP) severely impedes service delivery.
The high case load of social workers had a direct bearing on whether a victim will indeed access a service. There appeared to be an over-reliance on social workers and a lack of a multi-disciplinary team to address domestic violence. Apart from social workers, it was not clear what other cadres of professionals, if any, were employed as part of a multi-disciplinary team to deal with domestic violence in terms of rendering psycho-social interventions.
Forensic specialists were a scarce resource, which directly impacts on the ability to provide medico-legal services to victims of domestic violence.
It was highlighted that there appeared to be little or no follow-up of victims of domestic violence after they initially visit a health facility.
Health care professionals had been reported to subject victims of domestic violence to secondary victimisation and were often not held accountable for this.
Many health care professionals did not know about the Domestic Violence Act.
There was a need for holistic care provisions to victims of domestic violence, particularly in relation to psycho-social trauma.
It was noted that the marital status of the domestic violence victim/survivor should not hinder access to government services, such as housing. It was reported that in many instances, women who had RDP houses were not eligible for additional or new houses as records indicated that they had already received housing, despite the fact that the perpetrator was occupying the house or that they had separated or divorced.
There was therefore an urgent need to respond to secondary housing for victims of domestic violence.
In addition to the need for more shelters, there was also no policy that made provision for women who exit shelters to access housing.
At present, there was no overarching National Strategic Policy Framework to combat domestic violence, resulting in a lack of synergy between departments. The new department which is responsible for the needs of socially vulnerable groups is well placed to take leadership in the development of a National Strategic Policy Framework.
In addition, the department must outline specific programmes to address high levels of violence against women, children and persons with disabilities, and to ensure that these programmes are adequately costed and resourced.
The department must work collaboratively with other departments to ensure implementation of the Domestic Violence Act. It must also ensure the inclusion of organisations addressing domestic violence in the planning of the National Strategic Policy Framework.
Monitoring and evaluation was important for oversight in terms of implementation of the DVA, as well as holding service providers to account for the effective implementation of the DVA.
The role of the Commission of Gender Equality must be strengthened and closely monitored as an organ of the state and a key role player of the gender machinery established to address gender discrimination.
It was recommended that certain sections of the Domestic Violence Act should be amended to effect changes that best speak to the needs of victims of domestic violence.
The discretionary powers of police officials in effecting arrests on perpetrators of domestic violence is highly problematic and highlights the gaps that exist in the combating of crimes of domestic violence. In certain circumstances, police officials were not obligated to arrest suspected perpetrators of domestic violence where suspicion existed of continued abuse of a spouse or intimate partner. It was therefore recommended that the DVA should be amended in order to remove the discretionary powers of police officials in matters relating to domestic violence. In particular, it was recommended that section 3 of the DVA should be amended by replacing the phrase "may arrest" with the phrase "must arrest" in order to ensure that victims of domestic violence were protected against retaliation from or by the abuser.
One of the critical areas in terms of legislative amendments deals with the issue of imminent harm as described in section 8(4)(b) of the DVA. The section speaks to a situation where the police officer, on reasonable grounds, suspects that the complainant may suffer imminent harm as a result of an alleged breach of the protection order, that police officer must arrest the respondent. The notion of imminent harm is not clearly enough dealt with in the DVA. It therefore raises questions around whether a police officer should arrest a respondent for having verbally abused his or her partner. In this regard, it was recommended that clarity should be given to what exactly was meant by 'imminent harm' by either a legislative amendment or through the establishment of guidelines through the inclusion of further regulations.
The criminalisation of domestic violence was a proposal that emerged at the public hearings and requires vigorous debate to determine the feasibility of such an amendment to the Act.
The lack of a provision within the DVA in terms of the co-ordination of services between various role players severely impedes service delivery. As such an amendment should be considered in this regard.
In terms of domestic partnerships, the DVA is under-utilised by women who cohabit with their partners. It is critical to ensure that legislation is enacted that recognises domestic partnerships and in so doing, grants them legitimacy and entitlements. Currently, women who cohabit, on the dissolution of their relationship, are entitled to nothing but that which they brought to the relationship. They have no legal claim to property or any other assets to whose purchase they have contributed. This group of abused women thus lose substantially and materially when their relationships end.
It would be imperative that the proposed new provisions of the Act were costed along with the existing sections to ensure that adequate resources were allocated for its implementation. Clear time frames need to be established as to by when the costing will be completed.
With the exercise of parliamentary authority and oversight over the executive, the review of the implementation of legislation was constitutionally mandated. However, where an Act contains regulations for the implementation of the legislation, the powers of the legislature were considerably hampered as those regulatory powers were conferred on the Minister in whose department that legislation falls. However, it was critical to note that parliament still conducts oversight over the performance of the Minister and as such can hold the Minister concerned accountable. It was therefore necessary that where legislation deals with domestic violence, that the development of regulations to such legislation does not fall within the exclusive jurisdiction of the executive authority alone, but was also subject to legislative scrutiny.
In terms of the Firearms Control Act, No 60 of 2000, it was recommended that a review of the training received by police officials on the DVA and Firearms Control Act (FCA) should be conducted. In this regard, it was further recommended that such a review highlight the need for improved training with disciplinary consequences for police officers not knowing of, or complying with, the National Instruction on Domestic Violence.
In terms of the seizure of firearms and other weapons used in the perpetration of acts of domestic violence, it was essential that police question witnesses at the scene of a domestic violence incident, search for a firearm and remove it, regardless of the state of the alleged abuser or alleged threats with a firearm.
The safety of victims of domestic violence during the period between the granting of an interim protection order, and the approval of a final protection order in terms of the firearms control legislation had also been brought into question. It remained critical that guidelines should be drafted in order to strengthen the protections afforded to victims of domestic violence by the interim order.
Introduce more rigorous questions relating to the presence of weapons in the communal home, whether these firearms are the property and or registered to the victim or the perpetrator.
The transferring of the onus for the request to remove firearms from the communal home from the applicant to the presiding officer.
Providing for clarity, making it clearer that the firearm must be removed immediately and not only on the return date when the protection order is made final.
In terms of oversight over the conduct of the South African Police Service (SAPS), the Independent Complaints Directorate was tasked with reviewing allegations of abuse of police power, particularly where it pertains to situations of domestic violence. However, it has been reported that the South African Police Service Act, No. 68 of 1995, did not afford the ICD sufficient powers to compel the South African Police Service to comply with recommendations that have been made by the ICD. This was particularly problematic as it did not provide victims of domestic violence with sufficient recourse in instances of police misconduct. It was recommended that the South African Police Service Act should be amended in order to widen the scope of the powers and compel the SAPS to comply with recommendations made by the watchdog.
Furthermore, the ICD was currently in advanced discussions around assigning their responsibilities in terms of the DVA to the SAPS Secretariat. In this regard, it would be critical for both the portfolio and select committees to be actively involved in this process in order to ensure that weakness in the ICD are not duplicated in the SAPS Secretariat. Moreover, the committees would need to ascertain what resources the SAPS Secretariat have available to ensure effective oversight over the DVA.
As has already been noted, record-keeping at South African courts remains poor. This was further complicated insofar as domestic violence was concerned. Particular problems around the implementation and interpretation of provisions of the DVA were experienced. It was therefore necessary that a performance monitoring framework was implemented to assess the courts' effective implementation of the Act.
Assess the quality and completeness of recordkeeping by the courts.
The standardisation of processes and procedures across courts including courts' working hours and their interpretation and application of the DVA's provisions.
Making it mandatory that all domestic violence applications be dealt with in private offices where applicants' confidentiality may be maintained.
The committee should therefore request the Quality Assurance Division of the Magistrates Commission to outline their current procedures for monitoring court performance in relation to the DVA. It is critical that such a report to Parliament contain specifics about the availability of magistrates after hours to issue interim protection orders where they are urgently required. However, the executive authority responsible for monitoring the conduct of magistrates, the Department of Justice and Constitutional Development, should present recommendations to the committee on how monitoring could be strengthened and its findings made enforceable by courts.
One of the major concerns in terms of the DVA was the servicing of protection orders on respondents. The public hearings demonstrated that that process presented a real obstacle to women's access to the protections police officials in the service of protection orders was problematic as police officials were unwilling to serve these documents in favour of more pressing police matters. In that regard, the Department of Justice and Constitutional Development should rework Regulation 15 of the regulations to the DVA, entitled 'Service of documents', in order to ensure that court officials increase their use of the sheriffs and substantially reduce their use of police officials to serve orders. It was further recommended that the Department of Justice and Constitutional Development present these proposed amendments to Parliament.
The costs involved in the serving of protection orders, in certain circumstances, severely hampers the ability of victims of domestic violence to obtain protection orders. This was more so the case in rural areas where victims can ill afford the costs involved in the serving of protection orders on the respondent. The financial threshold for assistance applied in rural areas with respect to sheriff's services should therefore be lower than those applied in urban areas. The present regulatory framework gives court officials too much discretion in the application of Regulation 15(4) of the regulations to the DVA.
"The complainant or respondent who requires a document to be served in terms of the Act or these regulations, shall be responsible for the costs of such service provided that the clerk of the court may, after consideration of such proof as he or she may require, direct that the State must be responsible for the costs of any service in terms of the Act or these regulations if he or she is satisfied that the complainant or respondent as the case may be, or both the complainant and respondent, do not have the means to pay for such costs at the time when service is required."
The regulations must therefore also make explicit reference to the courts' need to take payment of the sheriff's fees into account when compiling their annual budgets.
One particular concern around the issuing and service of protection orders relates to the accessibility of protection orders to persons with disabilities, especially persons with visual impairments. It was recommended, that in cases where the need arises, protection orders should be accessible e.g. Braille.
The availability of shelters and counselling services to victims of domestic violence was raised as a serious concern by those who made submissions to the Portfolio and Select Committee on Women, Youth, Children and People with Disabilities. It was noted that the DVA placed no corresponding obligations on health or social service providers to make such services available. This gap weakens referral systems and contributes to fragmented responses to domestic violence by various service providers. In terms of section 19(c) of the DVA, the Minister may make regulations on "any other matter s/he deems necessary or expedient to be prescribed in order to achieve the objects of this Act." It was therefore recommended that certain regulations governing the availability of shelter and counselling services might be necessary.
In this regard, the Department of Social Development should be consulted around the guidelines for shelters and services to victims of domestic violence.
How counseling services and shelters will be funded.
The training norms and standards, as well as competencies required by those working in this field.
The management and recruitment of volunteers.
The nature of interventions required to address domestic violence.
Moreover, these documents should note and address the relationship between child abuse and intimate partner violence and describe how both children's agencies, as well as those dealing with abused women, could address this link.
The Department of Health has health care professionals suitably trained to render counseling services, general emergency and medical care as well as a range of psycho-social services for victims of domestic violence. The DVA does not overtly state the need for health care services should be rendered to victims of domestic violence nor specify the direct role of the Department of Health hereto. Hence, a legislative amendment to this end was proposed with specifications followed up in the regulations.
Once finalised, these guidelines (in relation to counseling, shelter provision, health care) should be submitted to Parliament and gazetted as regulations in terms of section 19(1)(c). This was a particularly critical issue and needed to be ensured that it was appropriately resourced.
Strategies should be developed to deal with marginalised groups most vulnerable to domestic violence that do not benefit from the Act's protection such as children, persons with disabilities, pensioners, foreign nationals etc.
The National Youth Development Agency, the Commission for Gender Equality and the South African Human Rights Commission should report annually to Parliament on progress with respect to addressing domestic violence as per their given mandates.
A mechanism should be devised within Parliament to ensure that the implementation of the DVA was overseen by all committees concerned namely the Portfolio Committee on Women, Youth, Children and People with Disabilities, the Select Committee on Women, Children and People with Disabilities, the Portfolio Committee on Safety and Security, the Portfolio Committee on Justice and Constitutional Development, the Portfolio Committee on Health, the Portfolio Committee on Social Development, the Portfolio Committee on Human Settlement and the Select Committee on Social Services.
All relevant departments must report to the respective portfolio committees on an annual basis in terms of progress with respect to the DVA, as per the template in Appendix A. A scorecard related to the implementation of the DVA should be devised for monitoring and evaluation purposes.
The Portfolio Committee on Women, Youth, Children and People with Disabilities must hold the Inter-departmental committee to account and include the National Treasury to reinforce the importance of adequately funding programmes that address domestic violence.
It was imperative that Parliament insists on reports from the Department of Police on its compliance with the DVA and the Firearms Control Act as it relates to domestic violence.
Parliament must request reports on the implementation of measures to ensure that all firearms are returned when staff go off duty because of the escalating domestic violence incidents resulting in family murders committed by officers (e.g. police, South African National Defence Force soldiers and private security guards) with access to legal firearms.
Parliament should oversee that the various government departments should raise awareness around the existence of the Act and its importance to be disseminated to all sectors of society in order to effectively use and implement the DVA.
In order for Members of the Portfolio Committee on Women, Youth, Children and People with Disabilities and the Select Committee on Women, Children and People with Disabilities to conduct effective oversight with respect to the implementation of the DVA, members require training on the implications of the DVA.
The lack of an overarching policy framework to address domestic violence severely impedes the effectiveness of services rendered to victims of domestic violence. As such, establishing a framework for the DVA will ensure service norms and standards, training and monitoring requirements, reporting channels and the role of volunteers. The Ministry for Women, Children and Persons with Disabilities will be best suited to lead such a process for developing an overarching policy framework.
Norms and standards regarding training for police must be developed as a matter of priority. This training framework should be included in the South African Police Services National Instructions.
The Department of Police must amend its National Instructions to provide clear guidelines around when police officers should or should not arrest perpetrators of abuse.
A five year plan for the effective policing of domestic violence must be developed. This plan needs to set clear goals, timelines and targets for the effective implementation of the DVA. The role of the SAPS Evaluation Service in monitoring whether these targets are being met or not should be clearly stated.
The referral of victims of domestic violence to health care services and counselling by police officers must be closely monitored as the public hearings revealed that this was not being implemented.
It was imperative that domestic violence registers were maintained and monitored at all police stations. To this end, the officials responsible for monitoring and maintaining the registers must be held to account.
A mechanism should be developed to deal with withdrawals, or situations where women do not wish to lay charges but nonetheless still require help and protection.
It was imperative that sufficient resources such as specialised personnel, forensic specialists, forensic laboratories etc. should be allocated for evidence collection.
The status and future of the Family Courts was unclear. It was recommended that a clear policy should be issued in this regard and that the blueprint should be elevated to the status of regulations. Clear timeframes and goals for the proliferation of family courts should be developed.
Engagement with the Department of Justice and Constitutional Development with respect to strengthening revisions for specialised courts.
It is imperative that training standards and norms around the DVA should be clearly established by the Department of Justice and Constitutional Development. These should include stipulating the basic level of knowledge that magistrates, prosecutors and clerks should demonstrate before being permitted to deal with domestic violence. This training framework should also indicate the basic content of the training, as well as the minimum competence required of those who provide the training. Training should be ongoing, with follow-up courses building on previous training.
In the case of the Department of Justice and Constitutional Development, this training framework should be included in the revised regulations.
The department should assess the efficacy of training regularly and adapt the training programme where necessary.
It was imperative that a detailed plan should be developed that outlines how courts would be made accessible over the next five years, with specific reference to the needs of children, persons with disabilities and victims of domestic violence and sexual offences. In addition, the issue of after hour access to courts was another crucial issue requiring attention.
A means test must be developed that assesses on an equitable basis the cost incurred for having a protection order served by the Sheriff's office.
The VEP programme required review in terms of provisions and resourcing as the public hearings revealed that the programme did not serve the needs of victims it is intended for.
Neither the Victims' Charter nor the Minimum Standards define secondary victimisation. This was problematic as many victims of domestic violence were subjected to secondary victimisation by government officials. It was imperative that this was done so that government departments had an understanding of secondary victimisation and in so doing, were in a position to prevent re-victimisation through appropriate institutional responses.
Re-assess funding criteria for VEP grants to civil society organisations. Grants should be made available to shelters given that they provide a critical service to victims of domestic violence.
Victim Empowerment Legislation: There was a need to expedite the promulgation of appropriate legislation which was developed in close consultation with civil society.
Greater public awareness was required in terms of the rights of victims of domestic violence and the Domestic Violence Act itself. To this end, government must allocate sufficient resources to undertake such an awareness campaign.
Greater synergy was required between the VEP, the Victims' Charter, the Minimum Standards for Service Delivery and the Uniform Protocol on Victim Management to ensure services were better co-ordinated. This in turn will avoid the duplication of services and the more efficient use of resources.
The management of lay counsellors at Thuthuzela centres has not been working effectively across the country on account of the poor supervision, lack of accountability and often ill-equipped counsellors. A proposal for the establishment of Victim Advocates should be considered, whereby the role is merely to assist the victim throughout the administrative process within justice and police sector to health and social development. Hence, the counselling of victims should be left to appropriately trained professionals that are equipped to deal with domestic violence.
A review of existing services and programmes must be done to determine where services are absent or need to be up-scaled.
An audit of government personnel rendering psycho-social support should be undertaken to determine where the skills shortages were and a plan should be devised to address the shortfall. Identify a recruitment strategy to increase the cadre of skilled personnel e.g. bursaries for psychologists, occupational therapists etc.
A review of existing programmes was required that was focused on the rehabilitation of perpetrators to determine whether these programmes were effective and could be demonstrated to bring about change in the abusers' behaviour. Where such programmes could be identified, their replication may be considered. To this end, such programmes must be equipped with suitably-trained personnel and adequately resourced.
It was proposed that Thuthuzela Care Centres and the services offered should be made available for victims of domestic violence and not only be limited to rape survivors.
An effective systemised screening within and across government departments such as Health, Education and Police, for domestic violence against children and women was lacking. For example, a victim of domestic violence can present numerous times at a health care facility but this information maybe absent at the Department of Police if a case has not been opened. A framework for screening was required and a mechanism for locating pertinent information regarding the victim. This could be achieved by establishing databases at hospitals and schools in order to identify victims of violence. This could monitor trends and incidences of violence as it relates to particular demographics. Databases can also be used to identify and refer victims to the necessary and appropriate psychosocial services based on their specific cases.
The Department of Health should develop a comprehensive health sector policy to deal with domestic violence. Such a policy must clearly outline the roles and responsibilities of health care workers, the training required by health workers to implement the policy, a monitoring and evaluation strategy as well as a budget to effectively implement such a policy. It would be imperative that a policy of this nature should be developed in consultation with civil society organisations rendering services to victims of domestic violence to ensure effective networking and referral between role players concerned. It is Parliament's role to oversee that the policy is developed and implemented.
It was recommended that the Department of Health should develop a strategy to work with the Department of Police in ensuring that victims of domestic violence are taken to a medico-legal facility to have the incident reported officially. This, in turn, would require that health personnel should be adequately trained and competent in documenting the nature and extent of the injury and be able to testify in a court of law.
In the context of the HIV and AIDS pandemic, the Department of Health should develop a plan stipulating how the existing public communications campaigns will address domestic violence in the current messaging. A targeted strategy was required to deal with women in abusive relationships who had limited choices in terms of applying the Department's current prevention strategies (abstain, be faithful, use a condom).
The Department of Human Settlement was recommended to develop a policy that addresses the secondary housing needs of domestic violence victims.
All individual cases from the public hearings must be followed up and that government departments would have to account in this regard in an official response in writing and through a briefing to the committee.
The names of individuals that presented at the public hearings will not be published in the committee's report and that anonymity would be adhered to.
The report will be used as a tool to monitor government departments again in terms of implementation of the DVA. The committees will request the relevant government departments responsible for implementing the DVA to provide a written report (annually) to the committee on progress with regards to programmes implemented and services rendered in this regard as well as funding allocated hereto.
A copy of the strategic report and the committee's report will be sent to all those participants and respective government departments.
Joint oversight with respective portfolio committees to assess the implementation of the DVA.
The committees agreed that the report should be published in the ATC and debated in the National Assembly House in 2010.
The Budgetary Review and Recommendation Report of the Portfolio Committee on Correctional Services on the performance of the Department of Correctional Services for the 2009/10 financial year, dated 21 October 2010.
1.1 The Money Bills Amendment Procedure and Related Matters Act (2009) provides for, amongst others, a parliamentary procedure to amend Money Bills, thus granting parliamentary committees greater opportunity to influence the allocation of funds to the departments they oversee. Section 5 compels the National Assembly, through its Committees annually to submit Budgetary Review and Recommendation (BRR) reports on the financial performance of departments accountable to them. The BRR report must be informed by a Committee's interrogation of, amongst others, each national department's medium-term estimates of national expenditure, strategic priorities and measurable objectives, National Treasury-published expenditure reports, annual reports and financial statements, as well as observations made during oversight visits. Essentially the BRR report is a committee's assessment of a departments' service delivery performance given its available resources, as well as the effectiveness and efficiency with which its programmes are implemented. Although BRR reports must be published at a specific time in the budget cycle, it is clear that the work that informs the report must be ongoing.
1.2 According to Section 2 of the Correctional Services' Act (CSA), the Department of Correctional Services (DCS) is mandated to contribute towards maintaining and protecting a just, peaceful, and safe society, by enforcing court-imposed sentences in the manner prescribed by the CSA, detaining inmates in safe custody and promoting social responsibility and human development of all offenders and persons subject to community corrections.
1.3 The Portfolio Committee on Correctional Services is mandated to, amongst its other statutory obligations, support the DCS in delivering on its mandate through rigorous monitoring of the implementation of, and adherence to, policies such as the White Paper on Correctional Services ("White Paper") and legislation such as the CSA, as well as the delivery of services to all sentenced and unsentenced offenders incarcerated in South Africa's state-owned and privately operated correctional centres.
1.4 At the start of its term in May 2010, the Committee had agreed to six focus areas that inform its oversight activities. Most importantly the Committee agreed to intensify oversight of the DCS' administration and financial management, as weaknesses in that area impact negatively on, amongst others, the implementation of the rehabilitation and reintegration objectives contained in the "White Paper". To this end, the Committee receives quarterly financial and administrative reports from the DCS which are closely scrutinised, in order to detect weaknesses and recommend remedies in a timely manner. The Committee is not merely a watchdog over the DCS and its entity, the Judicial Inspectorate for Correctional Services (JICS), but a strategic partner in ensuring that the vision of a better life for all South Africans, shared by Parliament and enshrined in the Constitution, is vigorously pursued. The Committee's oversight must therefore be driven by ensuring service delivery to both sentenced offenders and remand detainees i.e. humane conditions of incarceration, effective rehabilitation and reintegration programmes, and adequate care and development. The successful delivery of these programmes will ensure that upon release, offending behaviour would have been "corrected", thus ensuring successful reintegration of offenders.
1.5 The JICS receives its budget from the DCS. At the time of the compilation of this report, the JICS had however not yet tabled its 2009/10 Annual Report and therefore their performance in the 2009/10 financial year will not be detailed here.
1.6 In preparing to report on the DCS' financial and service delivery performance for the 2009/10 financial year and the first two quarters of the current financial year the Committee considered, amongst others, all its previous reports and recommendations related to the DCS' service delivery and financial performance, the 2009/10 Annual Report and Financial Statements, National Treasury-published expenditure reports, reports of the Standing Committee on Public Accounts (SCOPA) and the Auditor-General of South Africa (AGSA), DCS briefings to the Committee, as well as stakeholder-input on the DCS' performance.
1.7 The Report comprises four parts detailing the Committee's observations and recommendations (Part A); analyses of DCS' 2009/10 Annual Report and Financial Statements (Part B); and its prevailing strategic objectives, budget allocation and financial performance to date (Part C); as well as the Committee's concluding remarks (Part D).
The Auditor-General's assertion that, had the DCS been audited on its pre-determined service delivery objectives, it would have received an adverse opinion, is noted with concern. This assertion echoes the Committee's own evaluation of centre-level service-delivery in particular.
Unlike previous years, the Auditor-General did not note overcrowding in correctional centres as a matter of emphasis. This is welcomed, particularly as overcrowding can largely be attributed to the large numbers of remand detainees in the DCS' care. The time a person spends incarcerated without having been sentenced is largely dependent on the speed with which matters are investigated, and court proceedings completed. Prison overcrowding can therefore not be reduced without dedicated efforts from both the departments of Justice and Constitutional Development, and Police.
Despite the DCS' persistent qualifications owing to poor performance and financial management, and despite SCOPA recommendations, the DCS has failed to strengthen its internal audit capacity. This has without a doubt contributed to its persistent audit qualification.
Both stakeholders and the Committee have raised concerns about DCS senior managers' capacity to manage. Regions are not adequately held to account, and there appears to be no effective system for managing their performance. Senior managers appear to be completely unaware of what happens at centre-level, as they rely solely on sporadic, and often inaccurate reports received from regions.
The Committee realises that the "White Paper" is to be implemented over a 15-year period, and therefore does not expect radical improvements to occur overnight. However, the fact that there appears to be little or no improvement in the DCS' performance, and even more disturbingly, little if any commitment to such improvements, is a matter of grave concern.
The Committee has reported its extreme concern that despite the rehabilitation and social reintegration objectives contained in the "White Paper", and echoed in the DCS' core mandate, Development, Care and Social Reintegration programmes remain underfunded. The Committee undertook to interact with the DCS to monitor whether there is synergy between strategic objectives and budget allocation. The 2010/11 budget did not reflect such synergy, and thus it is difficult to believe the DCS' claim that it is placing rehabilitation at the centre of its activities.
It is a matter of serious concern that programmes responsible for the welfare and rehabilitation of offenders have always received the smallest share of the DCS' budget. It remains to be seen whether, without sufficient funds having been allocated to these programmes, the DCS will achieve Government's objective of reducing serious and violent crime through rehabilitating inmates and equipping them with skills to be used after release, thus reducing the recidivist rate and contributing to South Africans being and feeling safe.
The high rate of repeat-offending is indicative of the DCS' limited success in the area of social reintegration. If a significant improvement is to be made, a radical shift in the budget allocation to this programme would have to be effected..
The Inspecting Judge is mandated with, amongst others, reporting on the treatment of inmates, conditions and any corrupt or dishonest practices in correctional centres . This duty is to be performed independently and without fear or favour. While the JICS has played an important role in creating awareness around conditions of detention, especially through its annual reports, concerns about its effectiveness and power to improve conditions of detention remain. This is largely owing to concern about how independent it can be, given that it is reliant on the department it is meant to monitor, for its funding.
Finally, the Committee must emphasise its extreme concern about the DCS' recent leadership instability. In the past five years alone, the DCS has had three accounting and three chief financial officers. At least two regional commissioners have been suspended for very long periods, one for more than a year. In addition, resignations and suspensions in key management positions are too frequent not to impact negatively on the DCS' stability.
The National Commissioner must as a matter of urgency put in place measures for ensuring compliance with all relevant legislation, particularly the CSA, and service delivery in line with its mandate. The DCS reported that a turnaround strategy has been developed to address these and other challenges. This strategy must contain clear performance indicators, be clear about who is responsible for functions, and the sanctions should those functions not be performed. The complete turnaround strategy should be tabled before the Committee by no later than 28 February 2011.
The DCS, though not solely responsible for the high levels of overcrowding in its centres, must spearhead interventions aimed at lowering the inmate population, as it is feeling its impact most. Heads of correctional centres (HCCs) have the powers to approve parole for eligible inmates serving sentences of two years or less. The National Commissioner must submit a report detailing the extent to which HCCs apply their powers for reducing overcrowding, and the numbers of offenders that have been released as a result thereof. This report, as well as the proposed policy/action plan for managing the remand system, must be tabled before the Committee by 28 February 2011.
Internal Audit departments play an integral role in ensuring that effective internal controls are in place, thus enabling government departments to identify areas of weakness before they become areas of audit qualification. All the DCS' internal audit vacancies must be filled as a matter of urgency. The National Commissioner must, by 24 November 2010, provide the Committee with a progress report in this regard.
Asset management remains a major challenge and a source of qualification for the DCS. The DCS must theredfore develop and implement a strategy that will address verification, recording and documentation of tangible assets. While the Committee welcomes the appointment of interns as an immediate intervention, their appointment will be temporary. The interns must be appointed by 31 January 2011, and the Chief Financial Officer must, by 15 March 2011, provide a report on this intervention's sustainability beyond the expiration of the intern-contracts.
The DCS' attempts at realising the rehabilitation and reintegration objectives contained in the White Paper are undermined by its continued administrative challenges. Leadership instability, lack of discipline and corruption seriously impede delivery and must be addressed as a matter of urgency. Long suspensions are of particular concern, and will therefore be monitored closely. The National Commissioner must ensure that investigations into allegations against all officials, including senior managers, are addressed within the required timeframes, and recent years' extraordinarily high staff turnover at senior management level must be prevented going forward.
As recommended in previous reports on the DCS' budget allocation, the budget must be aligned with its rehabilitation and reintegration objectives. The DCS must reconsider and increase its targets for developmental interventions and make the requisite allocations to its Care and Development, Social Reintegration and Corrections programmes. These programmes are integral to the reduction of recidivism, which is the only measure for determining the DCS' success in "correcting" offending behaviour and rehabilitating offenders.
As the JICS plays a major role in ensuring humane detention, all measures aimed at strengthening it, including a legislative review, should be investigated. The National Commissioner must, by 28 February 2010, provide a progress report on the DCS' exploration of ways in which the JICS' can be allocated its own budget and be sufficiently resourced to perform the functions it is mandated to perform.
3.1 While the DCS' 2009/10 Annual Report reflects an attempt to improve on previous reports, more should be done to guarantee a more reader-friendly and accessible document that clearly outlines whether strategic objectives for the year under review have been met, and, if not, the reasons for that. In some instances information is not presented in the same format as the target, making it difficult for the reader to determine whether the target has been achieved. Furthermore some indicators could not be linked to targets, and more disturbingly some information was, upon closer interrogation, found to be inaccurate.
3.2 Austerity measures and capacity constraints have led to most of the targets not being met. The 2009/10 financial statements reflect an under-expenditure of 1.1%. Underspending occurred in the security, care, development and facilities programmes and can be related to, amongst others, lower than anticipated expenditure on medical benefits for staff with the conversion to GEMS, savings owing to the non-appointment of officials to the New Kimberley Correctional Centre, vacancies resulting from natural attrition, lower than expected expenditure arising from late billing by the Department of Public Works (DPW) as well as the non-finalisation of the new Public Private Partnership (PPP) correctional centre bid process.
Administration: Compliance with regard to financial and supply chain management remains a major challenge, with the DCS not meeting any of the targets it has set for itself. Though it managed to maintain a less than 50% vacancy rate in relation to scarce skills and professionals, it failed to meet any of the other targets for compliance with Human Resource policies, procedures, standards and applicable legislation.
Security: In an effort to improve security, the DCS intended to roll out eight additional sites with security access control and fences. This could however not be realised owing to there being no budget for this activity. This is surprising given that the security programme received a budget allocation of R4.4 billion. The DCS reported 2 240 assaults, a figure far below the 83 per 10 000 inmates targeted.
Corrections: The DCS failed to comply with policy, procedure, standards and legislation applicable to this programme. It further failed to implement unit management, structured day programmes and the three-meal system. The installation of video arraignment equipment and the development of remand detention tools and protocols were also not achieved. At the end of March 2009, 165 230 offenders were incarcerated in correctional centres across the country i.e. the 140% overcrowding target, maintained across centres, could not be met.
Care: The 2009/10 strategic plan did not reflect clear and measurable targets for the attendance of care programmes. The Annual Report however claims that 171 746 social work sessions were conducted, thus exceeding the targeted 105 sessions. In terms of psychological services, 9 494 offenders participated, against a target of 8 400 offenders. This was attributed to an increase in the number of psychologists in the period under review.
Development: Only 15 130 offenders participated in formal education programmes i.e. the target was not met. This failure was ascribed to the DCS not meeting the Department of Education's requirements for fulltime schools, thus resulting in a decrease in enrolments. Although the report is unclear as to whether self-sufficiency targets have been met, it does reflect that the DCS produced 1 160 748 kg of chickens, 1 543 542 dozen eggs, 6 133 467 litres of milk and 581 477 kg of red meat. It further produced 56 632 wood, 71 752 steel and 1 350 285 textile products.
Social Reintegration: Owing to austerity measures and capacity constraints, most of the targets related to the supervision of probationers and parolees, and compliance with policy and procedures programmes could not be met. Although the DCS continued with their monitoring of parolees and probationers, the number of parole violations increased.
Facilities: All regions implemented existing policies, including the Minimum Facilities Standards. Renovations and upgrading of existing facilities continued in the 2009/10 financial year: Ceres (262 additional beds); Brandvlei (346 additional beds) and Van Rhynsdorp (338 additional beds). As in earlier years, provision was made for 12 000 bed spaces via public-private partnership projects at Allandale, East London, Klerksdorp and Nigel. Provision was also made for 53 Parole Board offices of which 81.1% were completed. 11.3% are in the process of being built, while 7.5% are at the tender stage.
The DCS was allocated an adjusted budget of R 13 834 545 billion in the 2009/10 financial year and succeeded in spending up to 98.9% of that budget. The 13.6% average annual growth as projected in the 2009 Estimates of National Expenditure was as a result of the following additional allocations over the medium term: R300 million per year for the implementation 7DE: R419.5 million, R409.7 million, and R415.4 million for inflation-related adjustments in compensation of employees; and a R1.2 billion adjustment to the 2011/12 baseline as a capital contribution to the public- private partnership facilities.
R900 million was added to the 2009/10 financial year's budget allocation: R308 million was added for Administration, R248 million or Security, R50 million for Corrections, R174 million for Care, R1.7 million for Development, R13.2 million for Social Reintegration and R103 million for Facilities. Savings of up to R187 million have been made in goods and services, and transfers to public entities. In addition the implementation of the 7DE will result in savings of up to R720 million per year on overtime.
There has been movement of funds between different programmes. The Administration, Corrections, Development and Facilities programmes showed net increases of R40,77 million, R10 million, R18.1 million and R21,6 million respectively. While the Security, Care and Social Reintegration programmes showed net decreases of R60, 140 million, R25.4 million and R4.9 million respectively.
In the year under review the DCS incurred fruitless and wasteful expenditure to the value of approximately R87 000. This was due to the hiring of a charted aircraft at R25 000, a trip from Makhado to Randburg at R1 000, and R61 000 paid for an EAP conference which delegates failed to attend. All three of these cases are being investigated. The DCS has also incurred material losses to the value of R9 million.
The Accounting Officer condoned irregular expenditure to the value of R788 000, while and additional R377 000 in irregular expenditure is still being investigated. Two officials are said to have received written reprimands for approving price quotations to the value of R536 000 when they ought to have invited bids.
The DCS was unable to provide supporting documents for adjustments to the value of R129 million in the opening balance, and therefore the occurrence, accuracy and completeness of these adjustments could not be verified. The DCS' records also did not allow for an alternative means of verification.
The Auditor-General could not confirm the existence i.e. physically identify major movable tangible assets to the value of approximately R63 million, nor could the completeness of major movable tangible capital assets disclosed in the financial statement be verified.
Departments are required to value assets at cost, fair value or R1. The DCS' major movable tangible assets as disclosed in the financial statement did however not always reflect the cost or fair value of the assets and as a result, assets were over-valued by approximately R57 million. This is the consequence of inadequate control measures over information captured in the assets register.
The Auditor-General reported that the unauthorised expenditure to the value of R483 million that the DCS incurred in the 2008/09 financial year was, at the time of the latest audit report, still awaiting Parliament's authorization.
Owing to a significant loss in state vehicles (R5 million), claims (R3 million) and other sources (R1million) the DCS incurred material losses to the value of R9 million.
The DCS failed to comply with Treasury Regulations 8.2.
The Auditor-General also detailed a number of weaknesses in the DCS' leadership, governance, and financial and performance management that had contributed to the qualified audit opinion. These included a lack of an effective organisational structure, placing people with appropriate accounting skills in assets management, especially at regional level; insufficient action taken to address risks relating to the achievement of complete and accurate financial and performance reporting; human resource policies that did not facilitate adequate training and discipline of personnel as far as assets management is concerned; and internal controls that were not carefully selected and adequately developed to prevent material misstatements in financial reporting and reporting on predetermined objectives.
The Auditor-General further noted that had the DCS been audited on its service delivery objectives, it would have received an adverse audit opinion.
PART C: THE DCS' PREVAILING STRATEGIC OBJECTIVES, 2010/11 BUDGET ALLOCATION AND FINANCIAL PERFORMANCE AS AT SEPTEMBER 2010 4.
the provision of cost-effective correctional facilities that will promote efficient security, corrections, care and development services; and progressive and ethical management and staff practices within which every correctional official performs an effective correcting and supportive role.
The DCS received R15 129,1 billion in the 2010/11 financial year i.e. 3,8 % of the total national budget and 14 % of the allocation to the Justice, Crime Prevention and Security (JCPS) cluster, which received 23,6% (R108 781 billion) of the national budget. The DCS' budget thus reflects a R1,3 billion nominal increase which translates to a real increase of only R344,5 million.
The DCS' allocation is expected to reach R18,3 billion in the 2012/13 financial year i.e. an annual increase of 9,7 % owing largely to an additional allocation over the Medium-Term Expenditure Framework (MTEF) period for the Occupational Specific Dispensation (OSD) for correctional officials (R300 million per year) and the adjustment to compensation of employees (R583,1 million in 2010/11; R619,4 million in 2011/12 and R652,8 million in 2012/13). The allocation of additional funds for the construction of four new public-private partnership (PPP) correctional facilities in Paarl, East London, Klerksdorp and Nigel, at a combined cost of R1,4 billion, has also contributed to the increased allocation.
As was the case in 2009/10, the Administration and Security programmes received the largest allocation of the budget - 26,3% and 34% respectively. 70% (R10 483 billion) of the total budget allocation will go towards the compensation of employees which, until 2012/13 is expected to grow at an average annual rate of 7.6%.
Together receiving only 7,3% of the total budget, the Development and Social Reintegration programmes received the lowest allocation. In addition, the Care programme showed a 5% decrease (R80,1 million in real terms).
The Administration programme provides the administrative, management, financial, information communication and technology, research, policy co-ordination and good governance support functions necessary for service delivery, good governance and accountability to oversight institutions. As in 2009/10 the programme has received the second largest allocation. The 14, 66% increase in the allocation in the current financial year and the increases in recent years are due mainly to the DCS' use of consultants for the provision of computerised systems, maintenance of information systems and for payment of legal, as well as internal and external audit services. As stated above, in the medium-term growth in expenditure will be mainly for the implementation of the OSD, inflation-related salary adjustments and allocations for the Master Information System.
improving human resource capacity and management; and ensuring effective planning, resourcing, delivery, project management, monitoring, evaluation and reporting for improved service delivery.
The Security programme aims to provide safe and healthy conditions of incarceration that are consistent with human dignity for all inmates, thereby ensuring security for both personnel and the public. It remains the programme receiving the highest allocation - in 2010/11 34% of the total budget. It reflects a nominal increase of 3.66 % i.e. just over R5,1 billion, in real terms translating to a R141, 3 million (2,85%) decrease compared to 2009/10 allocation. The activities of this programme are labour intensive and employee compensation accounts for 98%of the programme's budget.
Measurable objectives: preventing inmates from participating in criminal activities and escaping, by providing an environment that ensures the safety of all persons entrusted to the DCS' care, thereby ensuring public safety.
The Corrections programme provides needs-based correctional sentence plans and interventions based on an assessment of an inmate's security and criminal profile. It targets all elements associated with offending behaviour, and focuses on the offence for which a person is sentenced to correctional supervision, remanded in a correctional centre, or paroled. The programme receives only 10,5% of the total budget, reflecting a 27,38% increase and a real increase of only R240 million. 99,3% of the allocation to this programme will go towards employee compensation. Increases in expenditure are ascribed to the implementation of the OSD and Seven-Day Establishment (7DE) as well as inflation-related salary adjustments.
Measurable objectives: to address the specific rehabilitation needs of persons paroled, sentenced to correctional supervision or incarcerated in a correctional centre, through regular assessment and the provision of needs-based correctional programmes to address all the elements associated with offending behaviour.
The Care programme provides for needs-based programmes and services aimed at maintaining the personal wellbeing of incarcerated offenders by facilitating physical fitness; social functioning; health care and spiritual, moral and psychological wellbeing. The allocation to this programme shows a 5,06% decrease, in 2010/11 receiving only R1, 504 billion, 47% of which will go towards employee compensation. The increase in expenditure on this programme over the MTEF is mainly due to additional remuneration for health care workers in line with the OSD and inflation- related salary adjustments.
The Development programme focuses on the personal development of offenders through the provision of programmes and services aimed at both skills and social development; including technical training, recreation, sports, education and the operation of prison farms and production workshops. The programme receives only 3,5% of the total budget i.e. R526 million, 78% of which goes towards employee compensation, and growth in expenditure over the MTEF period is largely due to the implementation of the 7DE and the OSD.
Measurable objective: to provide needs-based educational, skills and other development-related programmes, thereby facilitating the reintegration of offenders into communities.
The Social Reintegration programme provides services focused on offenders' preparation for release, their effective supervision after being paroled, and on facilitating their social reintegration. Although the programme reflects a 21,7% increase, it receives only 3,8% of the total budget i.e. R574,7 million. 96.6% of that allocation goes towards employee compensation.
Measurable objective: to provide needs-based programmes and services to offenders to facilitate their social acceptance and effective reintegration of offenders into their communities.
The Facilities programme provides physical infrastructure that supports safe and secure custody; humane conditions; and corrective services, care, development and general administration. This programme has been allocated R1,813 billion, reflecting a 9,33% increase accounting for 12 % of the total budget. The allocation of additional funds for the construction of four new (PPP) correctional facilities in Paarl, East London, Klerksdorp and Nigel at a combined cost of R1.4 billion has also contributed to the increased allocation.
Measurable objective: Provide facilities to support the department in its core function of security, corrections, development, care and social reintegration.
Implementation of 7-Day Establishment: The DCS intends to implement the new shift system in 2010/11, but full implementation is only expected to be reached in 2013/14.
Remand Detention Management: The 2010/11 target is to develop a white paper on remand detention and to establish a remand detention management branch. This priority will be pursued further in the 2011/2012 financial year.
Offender Population Management: In its efforts to improve the management of the offender population, and the effective management of the remand detention population, the DCS will in 2010/11 keep to a level of no more than 38% overcrowding, reducing it by 2% in each of the following years until overcrowding is eradicated altogether.
Utilisation of offender labour: In 2010/11 the DCS intends to effect a 25% improvement on the 2005 agriculture and production workshop baseline for offender skills utilisation and employability in agriculture and production workshops. This would be achieved through increased participation in skills development programmes.
Enhanced Parole System: The DCS has since 2009/10 been engaged in a review of the parole system, and for the 2010/11 year envisaged the development of revised medical parole policy and legislation, the finalisation of the incarceration framework and the development of a work study report on revised norms and caseloads for correctional supervision and parole boards.
Service Provision for Youth and Child Offenders: In its efforts to enhance the level of education among offenders, particularly youth and children, the DCS will in 2010/11 report on offender enrolment and participation in formal education, skills development, sports, recreation, art and culture and participation in production workshops and agricultural programmes.
Improvement of Governance: The DCS will implement a mechanism for the effective prevention, detection and response to fraud and corruption in the Department, by, in 2010/11, developing, approving and implementing a litigation turnaround strategy. Progress will be reported on a quarterly basis. Furthermore, the effectiveness of the DCS' anti--corruption and fraud prevention programme elements will be assessed.
Stakeholder Relations Management: The DCS must develop and execute an integrated stakeholder relations management strategy for Correctional Services. To this end the DCS will in 2010 /11 aim to improve relations with existing and new stakeholders through the effective execution of a five-year integrated and overarching stakeholder relations management strategy that includes development and use of quantitative and qualitative measuring tools.
Delivery on Targets on Performance Indicators: The DCS must improve its monitoring of service delivery against performance indicators and service delivery targets in its operations strategy, and will from 2010/11 produce annual performance reports.
Legislative Framework: The DCS will develop a policy and legislative framework on remand detention. Its target for 2010/11 is a "widely consulted White Paper".
Offender Rehabilitation Path Implementation: This strategy is aimed at enhanced offender participation in skills development programmes, resulting in increased employability. The target for 2010/11 is increased participation in sports, recreation, and art and culture programmes, with special emphasis on the participation of youth and child offenders.
Summary of areas where, following its in-year review, the DCS' targets for 2010/11 have been shifted.
According to its 2009/10 strategic plan the DCS intended to reduce its vacancy rate to 7% in the 2010/11 financial year. That target was, however, reduced to 3%. The 2009/10 plan sets the turnaround time for the filling of vacancies for the 2010/11 year at 90 days, but the 2010/11 strategic plan has set the target at 60 days. While the 2009/10 plan sets targets for reducing the vacancy rate for professionals, that target is not contained in the 2010/11 strategic plan at all.
In 2009/10 the DCS set a less than 3.9 escapes per 10 000 inmates target, but in the 2010/11 that target has been reduced to 4 escapes per 10 000 inmates. Similarly the 2009/10 strategic plan targeted a 10% reduction in security incidents over the festive season, while the latest review sets the target at 5% for the same period.
In 2009/10 the DCS committed itself to compiling Correctional Sentence Plans (CSPs) for 12 100 newly admitted offenders serving sentences of 24 months and more; yet the current strategic plan increased that target to all (100%) of newly admitted offenders serving sentence of longer than 24 months having CSPs prepared.
The 2009/10 strategic plan set the target for the installation of video arraignment facilities at 12 correctional centres, whereas the current strategy sets the target at roll-out to 14 facilities.
The 2009/10 strategic plan did not have measurable targets for social work, psychological service, spiritual care, heath care and HIV and AIDS programmes; whereas the 2010/11 plan has set clear and measurable targets for provision of these services.
4.6 Financial Performance in the first two quarters of 2010/11 4.6.1 Of the R15.1 billion budget allocated to it, the Department had, by the end of September, spent R6.5 billion (43%). This is 6% lower than the 49% approved projection. The DCS has underspent on all but the care programme. Explanations for the under-expenditure include lower than anticipated expenditure on compensation for employees, owing to migration to centres; advertised posts not being filled; delays in the re-allocation of posts from the security programme; and delays in the finalisation of salary negotiations. Clearing backlogs on purchases of items such as food, medicines and hygiene materials for inmates, resulted in the slightly higher than projected expenditure in the Care programme.
Section 43 of the Public Finance Management Act (No 1 of 1999) makes provision for virements and shifting of funds from one programme to another, and the movement of funds within programmes, provided that the accounting officer meets the requirements outlined in subsections (2) and (4). While the DCS has not indicated or reported any virements, additional funds have been spent on the Administration and Reintegration sub-programmes despite such funding not having been budgeted for.
The Portfolio Committee on Correctional Services, having considered the DCS' performance in the 2009/10 financial year, and the first two quarters of the current financial year, remains dissatisfied with the latter's financial management and service delivery performance. The recommendations made in this report are aimed at, in the main, addressing the DCS' perennial audit qualification owing to poor asset control, while echoing earlier recommendations for the alignment of the DCS' budget with its rehabilitation mandate. The Committee trusts that under the leadership of the recently appointed National Commissioner and Chief Financial Officer positive change will be effected.
The Budgetary Review and Recommendation Report of the Portfolio Committee on Mining on the performance of the Department of Mineral Resources for the 2009/10 financial year, dated 21 October 2010.
During May 2009, the President of the Republic of South Africa announced the restructuring of Cabinet and national departments to align the structure and electoral mandate of government with developmental challenges. As a result, the Department of Minerals and Energy (DME) was divided into two Departments, that of Mineral Resources and that of Energy. A government-wide task team was established under the auspices of the Department of Public Service and Administration (DPSA) to oversee the transition. The establishment of the Department of Mineral Resources as a stand alone Department was finalised at the end of the 2009/2010 financial year. This report therefore seeks to analyse, amongst others, the performance and expenditure of the Mineral Resources part of the former DME during the 2009/2010 financial year.
In terms of the Constitution of the Republic of South Africa, Portfolio Committees have a mandate to legislate, conduct oversight over the Executive and facilitate public participation.
The Portfolio Committee on Mining's mandate is governed by Parliament's mission and vision, the rules of Parliament and Constitutional obligation. The mission of the Portfolio Committee on Mining is to contribute to the realisation of a developmental state and ensure effective Service Delivery through discharging its responsibility as a Portfolio Committee of Parliament. Its vision includes enhancing and developing the capacity of Committee Members in the exercise of effective oversight over the Executive Authority. One of the Committees core objectives is to oversee, scrutinise and influence the action of the Executive and its agencies. This implies holding the Executive and related entities accountable through oversight of objectives of its programmes, scrutinising its budget and expenditure (annually), and recommending through Parliament actions it should take in order to attain its strategic goals and contribute to service delivery.
Furthermore, Section 5 of the Money Bills Amendment Procedures and Related Matters Act, No 9 of 2009 (the Act) provides that the National Assembly, through its committees, must annually assess the performance of each national department and these Committees must annually submit Budgetary Review and Recommendations reports for tabling in the National Assembly. These should be submitted to the Minister of Finance and the relevant Ministers.
For the period under review, the Portfolio Committee on Mining, in exercising its oversight role, had interacted with the Department of Mineral Resources and analysed its 2009/10 to 2011/12 strategic plan, the 2009/10 annual report, the 2009/10 Estimates of the National Expenditure and used the Constitution as its basis.
The Department of Mineral Resources (DMR) is the primary Government institution that is responsible for formulating and implementing policy on mining. It reports to and advises the Minister of Mineral Resources who, in conjunction with the Cabinet, takes final responsibility for Government policy. The DMR is headed by the Director-General responsible for ensuring the exploration, development, processing, utilisation and management of South Africa's mineral resources.
The mandate of the stand alone Department of Mineral Resources is to ensure transformation, economic growth, health, safety and sustainability of the minerals and mining sector. Its vision is to promote investment in the mineral sector and through regulation ensure a healthier, safer and equitably transformed mineral sector by 2014, and also be a leader in the transformation of South Africa through economic growth and sustainable development by 2025. Its mission includes promoting and regulating the Minerals and mining sector for transformation, growth, development and ensures that all South Africans derive sustainable benefit from the country's mineral wealth.
The mandate of the former Department of Minerals and Energy was to provide services for effectual transformation and governance of minerals and energy industries for economic growth and development, thereby improving the quality of life. The vision of the Department was to become the world-class minerals and energy sectors through sustainable development, with its mission being to regulate and promote the minerals and energy sectors for the benefit of all.
Promoting and regulating the minerals and energy sector, through ensuring optimal service to all stakeholders by improving turnaround times, providing clear regulatory and policy frameworks and credible and accessible information, building alliances and partnerships, and improving the awareness and reputation of the DME.
Ensuring effective service delivery through efficient organisational processes-through implementing legislation, consistent monitoring and enforcement guidelines, standardised policies and procedures, service standards and managed service level agreements, as well as understanding and managing customer expectations and providing regular consultation and feedback.
Promoting and maintaining a learning organisation-by attracting, developing and retaining skills, improving leadership and management capabilities, instilling core institutional values and managing institutional knowledge.
Ensuring efficient, effective and economic use of financial resources-by aligning strategy with budget, managing budgets and costs, effectively providing State-owned entity oversight and ensuring good corporate governance.
The purpose of the Administration programme was to enable the Department to deliver on its mandate by providing strategic management and administrative support to the Department of Minerals and Energy and its Ministry.
The purpose of the Promotion of Mine Health and Safety programme was to execute the Department's statutory mandate to safeguard the health and safety of the mine employees and people affected by mining activities.
The measurable objective of the programme was to reduce mining-related deaths, injuries and ill-health through the formulation of national policy and legislation, the provision of advice and application of systems that monitor, audit and enforce compliance in the mining sector.
The purpose of the Mineral Regulation programme was to regulate the minerals and mining sectors to achieve transformation and sustainable development.
The objective of the programme was to transform the minerals and mining sectors into one that competitively contributed to the sustainable development in the country.
The purpose of this programme was to formulate mineral-related policies and promote the mining and minerals industry of South Africa, making it attractive to investors.
The measurable objective of the programme was to, through research, provide relevant information to enhance global competitiveness, review policies and formulate legislation to achieve transformation and attract new investment into South Africa's minerals industry.
The purpose of the Associated Services programme was to provide services in support of the Department's mandate through funded and non-funded statutory bodies and organisations.
The measurable objectives were to enhance the Department's objectives through policies and directives, promoting its legislative mandate and leading to the creation of an environment conducive to sustainable development, investment and the improvement of the quality of life of all South Africans.
Successfully realigning the Organizational Structure in line with the new mandate of the newly established Department.
Successful matching and placing.
Developing a Service Level Agreement and agreeing to be the hosting Department for DOE.
Sharing Support Services.
Evaluation of Memorandum of Understandings signed with prioritized countries.
Implementation of the Media and stakeholder engagement plan.
Compliance Framework developed, approved and implemented.
Policies, procedures and guidelines approved.
Development and implementation of the balance score card implementation plan.
Completion of the executive leadership development program through Wits.
Improved security measures.
Continued addressing of issues of transformation regarding vulnerable groups.
Improved stakeholder relationships by having quarterly meetings in all regions with Unions and also by having quarterly meetings with the Department of Labour, Department of Human Settlements and Director of Public Prosecution.
Addressed Health and Safety Risks by completing inquiries and investigations as planned with Audits by 83 percent and Inspections by 91 percent.
Developed Guidelines by reviewing the existing Guidelines (e.g. Underwater Mining; Emergency Preparedness; and Drawpoints, Tipping Points and Orepasses).
Reviewed and developed internal policies and procedures by establishing Exams Policy, Medical Appeal Procedure; and Inclusion or Non-Inclusion of Fatal accidents in Statistics.
Developed Human Resources by letting 99 Officials complete a course on Risk Management in Mining and 97 Officials on Health and Safety Training (Legal, Inspection, Audit, Investigation and inquiries).
A total of 465 mineral rights were granted to historically disadvantaged South Africans (HDSA) against a target of 27.
A total of 73 women led companies were licensed against a target of 18.
The Mineral Regulation Branch conducted a total of 18 workshops with mineral and mining industry stakeholders against a target of 10.
The Branch achieved 317 Mining Charter compliance inspections against a target of 140.
It conducted 3 449 environmental management plan inspections against a target of 1 380.
Mining Summit was held with all industry stakeholders.
Mining Industry Growth Development and Employment Task Team (MIGDETT) intervened to mitigate job losses and saved 60 000 jobs in excess.
A strategy on sustainable growth and meaningful transformation of mining industry by stakeholders was adopted.
The state's exposure to mining industry was evaluated leading to the moratorium on disposal of State owned mining assets.
A report outlining the mining industry's progress against the developmental targets agreed at the 2002 United Nations Commission on Sustainable Development (UNCSD) was submitted.
The Mining Charter Assessment report was completed.
The Minister approved the strategy for rehabilitation of derelict and ownerless mines.
For the period under review, the Department of Minerals and Energy was allocated an amount of R4.65 billion, which was 1.08 per cent of R429.64 billion which was the main budget. When adjustments are taken into account, the total budget amounted to R4.68 billion. Of the R4.68 billion budget, the Department managed to spend R4.54 billion or 96.9 per cent at the end of the fourth quarter of the 2009/10 financial year. The variance between total budget and actual expenditure amounted to R143.21 million or 3.1 per cent. This is less than the five per cent benchmark of the National Treasury.
The total budget for the Administration programme amounted to R257.3 million. The programme had spent R252.3 million or 98.1 per cent of this budget at end of the fourth quarter. This means that the programme under spent by R4.963 million or 1.9 per, which is an insignificant amount of under expenditure.
Programme 2 had a budget of R138.7 million after adjustments. Of this budget amount, the programme spent about R138.5 million or 99.9 per cent.
The total budget for Mineral Regulation programme was R151.1 million in the 2009/10 financial year. The programme spent R147.6 million or 97.6 per cent at the end of the fourth quarter. The reason for the lower than anticipated expenditure related to delays in the signing of contracts with appointed service providers and subsequent payments for projects aimed at rehabilitating ownerless and derelict mines.
Of the R69.3 million total budget allocated for this programme, R73.7 or 106.5 per cent was spent. The reason for the higher than expected expenditure under this programme was due to an increase in compensation of employees as a result of additional staff employed above the limitations of the existing approved structure.
Out of the R3.7 billion total allocated programme budget, R3.5 billion or 96.5 per cent was spent. The reason for the lower than expected expenditure was mainly due to transfers amounting to R82 million that did not take place as anticipated for the Integrated National Electrification Programme (INEP-Non Grid service providers), due to delays in the finalisation of the contracts with commissioned service providers.
Of the R43.1 million allocated for assistance to mines under this programme, R31.1 million or 72.1 per cent was spent. A total of R12 million was not spent due to delays in submission of invoices from beneficiaries of the mining subsidy.
A lower than expected spending in the 2009/10 financial year amounting to R143.
INEP: Non-grid service providers: Out of the R84 million total allocated programme budget, R1.3 million was spent leading to a lower than expected expenditure amounting to R82.7 million. This was due to delays in the procurement processes of appointing service providers and the signing of contracts thereof.
INEP municipalities: Out of the R932.95 million total allocated budget for transfers to municipalities, only R899.55 million was transferred as at 31st March 2010, culminating in a lower than expected expenditure of R33.41 million (equivalent to 3.6 per cent). This was due to late submission of requests for funds by municipalities and delays in finalising the service level agreements between municipalities and the Department.
Assistance to mines: Out of the R43 million total allocated budget, R31.1 million which translates to 72 per cent of the total available budget was spent leaving R12 million not transferred due to delays in submission of invoices from beneficiaries of the mining subsidy.
In the 2010/11 financial year, the Department of Mineral Resources was allocated a budget of R1.0 billion which is 0.2 per cent of R461 billion which is the main budget. This does not take into account the adjustment. Of the R1.0 billion budget, the Department has managed to spend R249.1 million or 24.2 per cent at the end of the first quarter of the 2010/11 financial year. This is in line with the 25 per cent benchmark which the Department is supposed to spend every quarter.
Administration: Programme 1 was allocated a total budget of R239.0 million. The programme spent R67.4 million or 28.2 per cent of this budget in the first quarter. This means that the Department has over spent by 3.2 per cent in the first quarter budget. The over expenditure was due to spending on goods and services, which was associated with the payments of the previous financial year that took effect in April and May 2010. The expenditure for this programme was therefore expected to slow down during the second quarter of the financial year.
Promotion of Mine Safety and Health: Programme 2 was allocated a total amount of R145.9 million. Of this budget allocation, the Department spent about R34.6 million or 23.7 per cent. This was below the 25 per cent per quarter benchmark for the programme. This programme spent almost the total budget allocation for the 2009/10 financial year at 99.9 per cent.
Mineral Regulation: Programme 3 was allocated a total amount of R215.9 million in the 2010/11 financial year. The programme only spent about R40.5 million or 18.7 per cent at the end of the first quarter. Slower than expected spending was as a result of spending on goods and services, which stood at 5.3 per cent by the end of the first quarter. This programme managed to spend only 97.6 per cent of its total budget during the 2009/10 financial year.
Mineral Policy and Promotion: Programme 4 was allocated a total budget of R429.2 million in the 2010/11 financial year. The Department managed to spend about R106.7 million or 24.9 per cent. The spending was reported to be 18 per cent below the projections for the quarter and this was due to a technical challenge with the contracts that the Industrial Development Corporation of South Africa (IDC) signed with the SSME and for Assistance to mines where the administrative processes were not yet finalised, therefore the funds could not be transferred. This appears to be a recurring problem since an amount of R12 million reserved for assistance to mines could not be transferred in the last financial year due to administrative problems.
Of the R106.7 million that has been spent by the programme, R96.3 million or 90.2 per cent was spent on transfers and subsidies. This included transfers to the Council for Geoscience and Mintek.
Table 1: Economic Classification spending trends as at the end of the fourth quarter of the 2009/10 financial year.
4.4.1.1 The compensation of employees was allocated a total budget of R352.3 million in the 2010/11 financial year. The Department of Mineral Resources has managed to spend up to 23.8 per cent of this budget. This spending is in line with the 25 per cent spending per quarter benchmark.
4.4.1.2 Goods and Services were allocated a total amount of R254 919 in the 2010/11 financial year. The Department has only spent up to R53.7 million or 21.1 per cent on goods and services. This indicates that the Department has spent far below the 25 per cent benchmark for the first quarter in goods and services budget. It is therefore important to ascertain what could be the reason for this slower spending.
The transfer and subsidies were allocated a total amount of R408.7 million for the 2010/11 financial year. The Department managed to spend about R108 4 million or 26.5 per cent of the budget. While this spending appears to be above the 25 per cent benchmark, the Department reported that it was 18 per cent below the projected expenditure for the quarter due to the administrative processes that were not finalised and the funds could therefore not be transferred by the IDC to the SSMEs for mine assistance.
The CAPEX were allocated an amount of R14.1 million in the 2010/11 financial year, however, the Department only spent about R3.1 million or 21.9 per cent in the first quarter. The reason for slower spending had to be ascertained from the Department.
The Department spent only R12 000 on payments for financial assets for the first quarter of the 2010/11 financial year.
Table 2 below reflects that an amount of R5 million roll-overs was requested for the rehabilitation of ownerless asbestos mines project at the end of the 2009/10 financial year and approved by the Ministry of Finance.
Though section 43 of the Public Finance Management Act No 1. of 1999 (the Act) makes provision for the virements and shifting of funds from one programme to the other, as well as movement of funds within the programme, there are certain requirements that need to be met by an accounting officer.
The Act provides that the amount of a saving under a main division of a vote that may be utilised to defray excess expenditure under another main division may not exceed eight per cent of the amount appropriated under that main division.
An amount appropriated for capital expenditure to defray current expenditure.
Most importantly, it was noted that the Department of Mineral Resources did not report any virements and shifting of funds during the first quarter of the 2010/11 financial year.
The administrative processes that were not finalised and the funds could not be transferred.
Payments of the previous financial year that took effect in April and May 2010.
Slower expenditure on goods and services.
The following brief seeks to analyse the performance of the Department of Minerals and Energy during the 2009/2010 financial year with a special focus on the programmes of the Mineral sector.
The former Department of Minerals and Energy was composed of seven programmes that are reflected in Table 3 below. Some of the programmes were sector specific like Promotion of Mine Health and Safety, Mineral Regulation, and Mineral Policy and Planning were specific to the minerals sector while Hydrocarbons and Energy Planning, and Electricity, Nuclear and Clean Energy were specific to the energy sector respectively. Administration and Associated Services programmes were over arching programmes providing services to both sectors.
This analysis therefore focuses on the minerals sector since It relates to the Department of Mineral Resources.
Source: Department of Minerals and Energy-Annual Report 2009/2010 5.1.1.
The performance of this programme was affected by the split of the Department into two separate departments since it was providing services to both minerals and energy sectors. However, the Department attributed some of the failures to achieve set targets to budgetary constraints. This might be a sign of poor planning since the Department is supposed to draft its planning based on available resources.
Table 3 indicates that the Department under-spent by R963 000 on the Administration programme.
The Inspectorate reported that it appointed 19 Engineering Learner Inspectors on 1 August 2007 on a two-year training contract which ended on 31 July 2010. The learners comprised 15 males and four females. The Inspectorate also reported that it offered 18 bursaries to students during the reporting period.
The objective of promoting and regulating minerals and energy sectors was not achieved. The failure to achieve this objective was attributed to the system still being developed.
The Inspectorate conducted fewer audits (83 per cent) and inspections (91 per cent) than it set out to and the reason proffered was the lack of capacity.
The Annual Report of the Department indicated that funds amounting to R9.9 million were shifted from the Mineral Regulation programme in terms of section 43 of the Act, resulting to the reduction of the total programme budget from R168 million to R158 million as reflected in Table 3.
The programme continued to play a lead role in the Mining Industry Growth Development and Employment Task Team (MIGDETT), which sought to mitigate job losses and position the mining industry along a growth path with concurrent transformation. This intervention saved in excess of 60 000 jobs, representing more than half of the original projected losses. MIGDETT also developed a draft strategy on sustainable growth and meaningful transformation in South Africa's mining industry with an emphasis on growth and transformation.
The Mineral Policy and Promotion undertook a survey of the South African assets in the mining industry with the ultimate aim of ascertaining the possibility for consolidation of those assets to establish the state owned mining company. Consequent to the findings of this exercise, Cabinet imposed a moratorium on the disposal of any state mining assets subject to a more detailed audit completed by the Department. The completed report on the creation of the state mining company was expected to be tabled for consideration by Cabinet during the 2010/2011 financial year.
The consultation of the beneficiation strategy was finalised and the strategy is now ready for tabling before Cabinet for formal adoption as a policy of South Africa.
The Branch developed a rehabilitation strategy for derelict and ownerless mines, which was approved by the Minister of Mineral Resources in December 2009. An interim rehabilitation oversight committee was also established to develop an implementation plan for the rehabilitation strategy until the Branch was adequately capacitated to take over this responsibility.
South Africa's sustainable development (SD) framework was finalised and the SD thematic report submitted to the United Nations Commission on Sustainable Development (UNCSD) in preparation for the 18th session of the Commission.
The greater percentage of the Departmental budget (close to 80 per cent) was allocated to this programme. The greater portion of the programme budget was for transfers and subsidies. Funds were transferred from this programme to entities like, Mintek, Council for Geoscience, State Diamond Trader and the South African Diamond and Precious Metals Regulator (SADPMR). During the year under review the amounts of R155.5 million, R129.5 million, and R39.4 million were allocated to Mintek, Council for Geoscience and SADPMR respectively. An amount of R43.1 million was allocated to Assistance of Mines sub-programme. This sub-programme aimed to prevent the uncontrollable movement of water in and out of underground mine openings or holdings in the Witwatersrand area by providing pumping subsidies to marginal mines and to undertake research to develop and implement strategic solutions for mine water management, including contaminated water. The actual transfers to entities are discussed under Statement of Financial Performance.
In terms of section 38(1)(a)(i) and section 40(1)(a) of the Public Finance Management Act (Act 1 of 1999) the accounting officer of the Department did not ensure that full and proper records of the receivables for the Departmental revenue were kept as prescribed by the norms and standards. The Department could not provide sufficient appropriate audit evidence to support the Departmental receivables for revenue balance amounting to R25.6 million. There were no satisfactory alternative audit procedures that could be performed to obtain reasonable assurance that all the receivables for Departmental revenue were properly recorded and disclosed.
Interest was not levied and recorded on all outstanding balances and for the individual receivable balances where interest was levied, the rate used was not in accordance with the rate specified by the Minister of Finance, as required by Treasury Regulation 11.1.
Irregular expenditure to the amount of R4.2 million incurred as a result of contravention of the authorised delegations of authority of the Department, the irregular expenditure was condoned in the financial year.
The Department has materially under spent the budget on Programme 5: Associated services to the amount of R123 million.
The actual achievements with regard to 26 per cent of all planned indicators and targets specified in the strategic plan for the year under review for the selected programmes were not reported in the annual performance report submitted for audit purposes.
The reliability of 40 per cent of the targets could not be verified, since the information was not received in time for audit purposes.
The total revenue of the Department amounted to R4.9 billion comprising R4.7 annual appropriation and R217.1 million departmental revenue. The total revenue increased by 20.35 per cent from the allocation of the last financial year. However, the departmental revenue decreased by 17.95 per cent.
The total expenditure amounted to R4.6 billion comprising R673 million total current expenditure; R3.8 billion total transfers and subsidies; and R48.7 million total expenditure for capital assets. The total current expenditure increased by 10.94 per cent and the total transfers and subsidies by 22.63 per cent respectively. The overall expenditure increased by 21.42 per cent from the R3.8 billion spent in the last financial year. The surplus for the year amounted to R348.6 million. The transfers included R150.3 million to Council for Geoscience, R5.1 million to Mine Health and Safety Council, R39.4 million to South African Diamond and Precious Metals Regulator and R1 million to State Diamond Trader. The transfer to Mintek amounted to R161.1 million during the year under review. A total amount of R21 million was made available for transfer to Grootvlei Proprietary Mines but R13.5 million was actually transferred. The Assistance to Mines sub-programme had a total budget of R38.6 million after the adjustments but its actual expenditure was R31.1 million.
The value of total assets of the Department amounted to R215 million and total liabilities to R211.7 million resulting in net assets of R3.3 million. The total assets of the Department increased by 20.61 per cent and total liabilities by 20.84 per cent from the previous financial year.
The former Department of Minerals and Energy had an establishment of 1 554 employees during the year under review. Of these posts, 1 350 were filled, translating to a vacancy rate of 13.1 per cent. The vacancy rate was highest among the highly skilled supervision salary band at 17.4 per cent. The expenditure on compensation of employees amounted to R403.3 million, which constituted 8.9 per cent of the R4.5 billion total voted expenditure. The training expenditure amounted to R7.3 million, which constituted 1.8 percent of the total expenditure on personnel.
The Department made 202 appointments and 79 terminations during the period under review, which translated to a turnover rate of 6.5 per cent. The majority of terminations (58.2 per cent) were through resignations.
The Department had 1 185 black and 165 white employees during the period under review. There were 692 female employees, which constituted 51.3 per cent of the total work force. However, the female employees constituted only 38.1 per cent of the technicians' category and 30.8 per cent of the service sales workers category. There were only 7 employees (0.52 per cent) with disabilities in the Department.
A total of 308 employees benefited from the skills development initiatives, the majority of whom were the clerks' category at 136 employees.
The Department did not have a dedicated unit and did not designate a specific staff member to promote the health and well-being of its employees. However, it employed an HIV/AIDS coordinator and implemented a wellness programme. Counselling was outsourced to an EAP service provider for employees and their immediate families and employees were referred to a relevant institution if necessary.
The split of the former Department of Minerals and Energy (DME) into the Department of Mineral Resources (DMR) and the Department of Energy (DOE) was completed successfully on 30 March 2010. This partly accomplished the instruction given by the State President, Honourable Jacob Zuma, in his 2009 State-of-the-Nation-Address when he opened the Fourth Parliament, where he announced the reconfiguration of government Ministries and Departments.
The divisions within the DMR have been set up and that the Committee is awaiting written response on the approved organogram.
The Auditor-General in his 2009/10 report to Parliament has given DME a qualified audit opinion due to lack of accounting for 'receivables for departmental revenue' and that DMR acknowledged that they did not have a Debtors Control System in place. As a result, the Department has lost potential revenue on interest that could have been levied to both the already paid and outstanding balances from its debtors. This constitutes a breach of National Treasury Regulations. The Committee has taken note of the fact that this is the first qualified opinion report given by the Auditor-General after, at least, five consecutive years of clean audit reports.
Under 'Emphasis of Matter', the Auditor-General raised a concern on a condoned irregular expense to the sum of R4.2 million. Of particular concern is the material under-spending of R137 million which the Committee believes has negatively impacted upon service delivery by the Department, in that the objectives of Programme 7 and other programmes discussed below have not been entirely met.
There is a lack of capacity in Programmes 1, 2 and 3 in that the Department have insufficient number of inspectors to enforce compliance to Mining and Mineral Resources Laws and those related to Health and Safety. Yet, the country has high levels of fatalities and accidents when compared to other mining countries in the World that are used to benchmark the country's progress/problems.
Programme 3 had an under spending of R7.4 million of which R5 million was approved by National Treasury as a roll-over to this financial year. This occurred despite a challenge on ownerless and derelict mines and mine dumps that poses a serious challenge of health and environmental hazards.
The Committee has noted that the DMR, in its presentation on the 2009/10 Annual Report and 2010/11-2012/13 Strategic Plan, has put together formidable action plans, including amendments to various pieces of legislation, to remedy the situation raised in the Annual Report and to prepare themselves to deal with Developmental and Transformation challenges in the Mining Industry.
The Committee notes that the 2009/10 Annual Report closes a long chapter of the existence of the DME and ushers the country into a new era of the DMR within the context of South Africa being constructed into its proper nature of being a Developmental State.
The Department appeared to be in a good financial position. However, its income statement showed a net surplus of R348.6 million. This can be interpreted in two ways, firstly it might reflect that the entity made savings or profit from its operations and secondly, it might be that it under-spent, thereby not delivering some of the services that it was supposed to deliver. Be that as it may, the Department has to address issues identified by the Auditor-General in his report.
The balance sheet reflected current assets that are greater than current liabilities, which indicates that the Department is in a good financial position. The greater portion of the budget is spent on transfers and subsidies, which necessitate more effective measures of oversight to be put in place in order to ensure efficient utilisation of funds by receiving entities.
Overall the Department should be commended for fulfilling its mandate and encouraged to improve where there is still room for improvement.
The National Assembly approves the 2009/10 Annual Report of the former Department of Minerals and Energy (DME).
The Director-General should ensure that the Committee receives the organogram of the new DMR.
The Director-General in his capacity as an Accounting Officer, together with his financial team, need to ensure that the concerns raised by the Auditor-General are acted upon and work towards a clean audit report for the 2010/11 financial year and beyond.
The Minister of Mineral Resources needs to ensure that capacity within the Department is built and therefore avail/provide for the necessary resources including financial budgets. Particularly the strengthening of the Inspectorate Division to enable the Department capacity to enforce compliance with the Mineral and Petroleum Resources Development Act (MPRDA), Mine Health and Safety Act (MHSA), Mining Charter, Codes of Good Practise, Housing and Living Standards and other related laws. The Committee's oversight visits to various provinces revealed a shocking state of affairs where Labour Sending Areas and Mining Communities were found to be trapped into abject poverty, high levels of unemployment, lack of provision of social needs such as basic health care facilities, children schooling in church buildings and lack of clean running water and sanitation. The Department requires a dedicated team of Health and Safety Inspectors, not only to react to fatalities and accidents that occur, but as part of preventative mechanisms, to embark on proactive workplace inspections and spontaneously conduct company audits.
In order to ensure the DMR's contribution to the process of Creating Decent Jobs and ensuring Sustainable Livelihood for the people, the Minister of Mineral Resources needs to speed up the process of completing Beneficiation Strategy and Small Scale Mining Strategy.
The Minister of Mineral Resources and the Minister of Finance are urged to create conducive conditions for an equitable access to mineral resources and ensure meaningful participation by formerly disadvantaged South Africans in the mining industry, through the establishment of the Resource Financial Institution or alternatively arrange for financial guarantees for the Emerging and Small Scale Miners to fund prospecting activities.
The Budgetary Review and Recommendation Report of the Portfolio Committee on Women, Children, Youth and People with Disabilities on the performance of the Department of Women, Children, Youth and People with Disabilities for the 2009/10 financial year, dated 21 October 2010.
Section 5 of the Money Bills Amendment Procedure and Related Matters Act, No 9 of 2009 requires that the National Assembly, through its respective committees, must annually assess the performance of each National Department.
To hold the Executive structures that are responsible for improving the lives of Women, Youth, Children and People with Disabilities to account, vis-à-vis the Department of Women, Children and Persons with Disabilities and the National Youth Development Agency, as well as other relevant organs of state.
To ensure that the needs of socially vulnerable groups are mainstreamed into the core functions of government departments, organs of state, public entities and civil society at large.
To ensure that the targeted groups are considered and prioritised in all legislation, policies and programmes.
To initiate, monitor and evaluate implementation and oversee legislation with respect to the target groups of the committee.
To influence/lobby/mobilise, monitor and oversee that appropriate budgets are allocated for the implementation of legislation, policies and programmes targeted at Women, Youth, Children and People with Disabilities.
To ensure compliance with international and regional treaties that has a bearing on Women, Youth, Children and People with Disabilities.
To create opportunities for public participation with civil society on key matters pertaining to the committee's target groups.
The mandate of the department is to drive the government's equity, equality and empowerment agenda of marginalised groups and historically disadvantaged communities in each of the sectors (Women, Children and People with Disabilities) through mainstreaming, empowerment and oversight.
The strategic plan of the department was presented to the Portfolio Committee on Women, Youth, Children and People with Disabilities in May 2009 and related to the period 2010/11- 2013/14. As such, the strategic priorities of the department for 2009/10 were not reflected. The establishment of the department entailed incorporating the former Office on the Rights of the Child (ORC), Office on the Status of Disabled Persons (OSDP) and the Office on the Status of Women (OSW), located within the Presidency, when it came into effect in 2009. As such, the work undertaken by these offices continued during the 2009/10 financial year. Thus, the committee is obliged to examine the strategic priorities that were identified by the ORC, OSW and OSDP.
Policy development and management.
Mainstreaming of gender/children's rights/disability/youth considerations into all policies, programmes, practices and projects.
Coordination and planning function with focal points in government sector, constitutional and statutory bodies; Parliamentary and provincial legislative structures, local government level, private sector, business, labour and civil society in general.
Advocacy which focuses on awareness raising, conscientisation and campaigns on emerging issues.
Facilitate capacity building for mainstreaming processes.
Monitor, evaluate and reporting on the progress made and challenges existing in the promotion and protection of human rights and human dignity.
Research on specific issues pertaining to women, children, youth and people with disabilities.
Compliance with the regional and international obligations and commitments.
Networking with other stakeholders both nationally and globally.
It is imperative that disability related issues are not viewed or managed as separate from or additional to the core business of governmental departments. Disability related issues must be included from the outset in all planning, budgeting, implementation and monitoring of National, Provincial, Local and Municipality programmes and services.
Outputs of this five year cycle are centered around sustainable improvement on child protection and development in South Africa.
Elimination of gender-based violence with particular focus on violence against women through the 16 Days Activism Campaign and the 365 Days National Plan of Action.
Labour issues (including unpaid and cheap labour provided by women, and family responsibilities/equal sharing of responsibilities between men and women).
Poverty eradication, including promoting cooperatives.
Early childhood development.
Governance and administration - promote and monitor the attainment of the 50/50 representation at all levels of leadership structures.
Monitor effective implementation of national programmes on gender equality, regional (e.g. Southern African Development Cooperative (SADC) Protocol on Gender and Development, African Union (AU) Solemn Declaration on Gender Equality in Africa, AU Gender Policy), and international commitments (e.g. Millennium Development Goals, Convention on the Elimination of Discrimination against Women (CEDAW), Beijing Platform for Action, International Conference on Population and Development (ICPD), etc).
The strategic plan of the department was presented to the portfolio committee in May 2009 for the period 2010-2013. For the year under review, 2009/10, the activities undertaken by the department relates to that of the former offices of the Presidency, namely: the Office on the Rights of the Child, Office on the Status of Disabled Persons and the Office on the Status of Women. The objectives in Appendix 1 have been extracted from the Presidency Hand-Over Report of 2009, referred to previously and based on the report presented to the Portfolio Committee on Women, Youth, Children and People with Disabilities on 20 October 2010.
As indicated previously, the strategic and operational plans of the department pertains to the period 2010/11-2013/14. Hence, the only strategic and operational plan available to the committee for the financial year 2009/10 related to that of the programmes of the Presidency with respect to the ORC, OSDP and OSW.
The objectives presented to the committee on 20 October 2010 by the department in relation to the ORC, OSDP and OSW do not all coincide with that documented in the Hand-Over report of the Presidency.
It is unclear why certain objectives within programmes were changed or not reported on.
According to National Treasury's Vote, spending trends for the 1st quarter of 2010-11, are unavailable for the Department of Woman, Children and Persons with Disabilities with respect to Vote 7. Furthermore, it notes that the department's financial management systems are not fully operational yet, and that the department was in the process of establishing financial systems using Basic Accounting System (BAS), LOGIS and Persal, as required by the Public Finance Management Act, No. 1 of 1999. It also indicates that since the department was initially established as a unit in the Presidency, the Presidency is providing financial management support. It is expected that by the 2nd quarter of 2011, all systems will be operational.
The committee was informed by the department that its annual report and financial statements for the financial year 2009/10 is captured within the Presidency's Annual Report.
Although the annual report of the department for the period 2009/10 was subsumed within the Presidency's report, it is difficult to ascertain exactly what the department has undertaken in the financial year under review, as the information provided is either very general or limited in the Presidency's Annual Report for 2009/10.
Notwithstanding this, the information stated in the Presidency's Annual Report is inadequate to effectively scrutinise the department's progress based on what was published.
It is unclear what the R853 000 for "Unconfirmed balance outstanding" as of 31/03/10 for the Department of Women, Children and Persons with Disabilities entailed. The amount pertained to "Claims Recoverable" in the Presidency's 2009/10 Annual Report, but it is unclear why the amount was noted as such.
The fact that the Department of Women, Children and Persons with Disabilities has not submitted an Annual Report for 2009/10 in their own capacity is problematic and does not fully comply with the provisions of the Public Finance Management Act (No. 1 of 1999) in terms of section 40(1) (e), which states that the Accounting Officer of a department "must submit to Parliament that institution's annual report and financial statements referred to in paragraph (d)". The committee expected the department to produce an annual report of their own for the 2009/10 financial year.
In the absence of the above documents, the committee requested the Presidency to brief the committee on the performance of programmes and financial statements of the Office on the Rights of the Child, Office on the Status of Disabled Persons and Office on the Status of Women from April - June 2009 and the Department of Women, Children and Persons with Disabilities on expenditure trends for the period July 2009 - March 2010 and progress report to date, on 20 October 2010.
The Acting Director General for the Department, Mr. Ken Terry indicated in a joint meeting with the Portfolio and Select Committee on Women, Youth, Children and People with Disabilities on 20 October 2010, that for the 2009/10 financial year, the department utilised the funds of the Presidency in terms of which an allocation was made for the Office on the Rights of the Child, Office on the Status for Disabled Persons and the Office on the Status of Women as well as the Chief Director Programme.
This amounted to a total of R21 264 856 million which was allocated for the 2009/10 financial year. For this period, the department spent R17 412 385. This amounted to an under expenditure of R3 852 201.
In addition, a total of R11 017 955 was spent in terms of the suspense account for the Minister and on Ministerial Services of which R7 165 500 was budgeted for, this amounted to an over-expenditure by R3 852 455.
Expenses incurred for the 2009/10 financial year for the department came from the Presidency's budget, Vote 1.
Vote 7 came into effect on 1 April 2010 at which time the department was still located within the Presidency. Hence, the financing of the department was managed out of the Presidency's suspense account until such time that the appropriate financial systems were established.
Salaries and wages, social contributions and travel and subsistence amounted to 75% of the total budget. It is unclear what the social contributions allocation pertains to.
Costs incurred for the entertainment line item amounted to R101 447 69, but it is unclear what the activities entailed and warranted the expenditure incurred for a newly established department with limited funds.
A total of R472 372 74 was spent on professional: business advisory services, contractors agency and support/outsourced services. However, it is unclear what the difference between each of the line item expenditures items are.
In most instances, the department far exceeded its budget on catering, and as such, had an over-expenditure.
The department had often incurred expenditure for line items e.g. social contributions, and entertainment for which no budget was initially allocated. This is of concern to the committee.
In terms of the operating payments, and what was budgeted for, very little had been spent on operations, hence the committee questions the extent to which the department is preparing itself in terms of establishing the necessary infrastructure to function effectively.
The department had provided the committee with some information pertaining to the international and local trips of the WEGE Branch and the Branch of the Rights of Persons with Disabilities, of which the Minister was included. However, the report only stipulated what the costs for the officials were. In contrast, the cost incurred for the Minister per local and or international trip was not stipulated.
The consolidated annual report for the 2009/2010 financial year refers to other Offices, but it is unclear whether this reflects or represents reporting for both the department and this office, but not for the ORC and the OSDP. This is problematic.
The ORC spent more than R500 000 on advertising but only R230 000 was initially budgeted for. This should be viewed in light of an expenditure of R139 903 96 for the Communication line item. The original budget for Communications was R90 000.
Expenditure was incurred for social contributions; contractors; agency and support; inventory for materials and supplies; payments for financial assets; and other transfers, yet these line items were not initially budgeted for.
According to the Presidency's 2009/10 Annual Report, donor money was received for the Situational Analysis of Children in South Africa. In this regard, the United Nations Children's Fund (UNICEF) donated R686 000 and R50 000 for the United Nations Country Report. However, in the briefing to the committee, the children's branch of the department did not reflect this in terms of donor money received in 2008/09 for which deliverables were reported on in the 2009/10 progress report.
It is unclear what the children's branch in the department spent in the 2009/2010 financial year as this was not stipulated in the department's briefing to the committee on 20 October 2010.
A budget of R1 000 was allocated for in terms of the line item for inventory stationery, yet an amount of R239 679 88 was spent. This resulted in a significant over expenditure.
An over expenditure was also noted for catering as the department budgeted for R370 000 but spent R568 800 89.
It is unclear why the operating payments expense of R300 000 was incurred but a budget was R255 000 was allocated.
A significant expense was incurred for other transfers, to the amount of R1 1249 734, yet this was not initially budgeted for and no explanation was given as to what this entailed. This is problematic.
In terms of social contributions, the OSDP spent R235 395 97, but was not budgeted for.
In terms of catering and departmental activities, the OSDP budgeted for R20 000 and had spent R300 000 over this budget.
In relation to contractors, the department spent R179 328 87. This amounts to an over-expenditure of R129 328 77.
In terms of lease payments, an over expenditure of R60 000 was noted.
There was no budget for payments for financial assets yet there was expenditure in this regard amounting to R7 886 90.
In terms of the disability branch in the department, the only expenditure detailed was in relation to the international trip. No information was provided that related to what this Branch spent in relation to other projects for the 2009/10 financial year.
The department noted in its briefing to the committee on 20 October 2010 that it received support from the Danish Government relating to the transformation of sheltered workshops yet no financial information was provided in terms of funds received in this regard.
Social contributions were not budgeted for, yet R215 915 26 was spent on this allocation.
An over expenditure in terms of salary and wages was noted. It is unclear why this occurred considering that the department indicated a lack of human resources as a key impediment that impacts on their ability to function optimally.
In terms of the communication line item: budgeted for R77 000, yet expenditure amounts to R220 000.
No budget for contractors was initially allocated but R181 680, 00 was spent on this line item.
In terms of the line items for stationery, printing and lease payments: nothing was budgeted for, yet R158 069 was spent on this.
The department has spent R73 000 for artists and R107 160 for the stage in terms of the Women's Month Celebration Item. This is problematic.
In total, R750 000 was spent on the Women's Month Celebration and R306 500 on the 16 Days Of Activism Campaign which were event related activities. It is unclear how the department justifies expenditure amounting to more than a million rand so as to ensure the promotion of women's rights. Thus, nearly 25% of the WEGE budget went to TWO commemorative events. However, the portfolio committee had consistency indicated to the department that more emphasis should be placed on sustainable initiatives and programmes that promote women's rights. This is highly problematic.
National Gender Machinery Meetings: it is unclear as to what secretariat services refer and how does the department justify spending R71 500 for one meeting held in March 2010.
An over-expenditure in salaries and wages for the women and disability sections was noted.
The WEGE branch stipulated that its budget was inadequate. However an under-expenditure of R614 882 99 was noted by the committee.
A budget of R100 000 was allocated for training and development yet no expenses was incurred in this regards which is concerning.
The information contained within the Presidency's 2009/10 annual report was far too inadequate to evaluate the department's performance and progress with respect to the year under review. The financial information within the Presidency's annual report as it pertains to the department, viz-a-vis the Office on the Rights of the Child, Office on the Status of Disabled Persons and the Office on the Status of Women was not detailed to assess the financial performance.
The report presented to the committee by the department on 20 October 2010 on progress as it pertains to the programmes did not coincide with the Gender, Disability, Children's Rights and Youth Hand-Over Report 2009 by the then Minister Dr Manto Tshabalala-Msimang in the Presidency. The Hand-Over Report contained the objectives for the 2009/10 period.
Difficult to ascertain what they achieved in terms of programme outputs except for local and international trips.
To date, the committee has not appeared before the Committee on Public Accounts and as such, no reports are available in this regard pertaining to Vote 7.
In the absence of the abovementioned documents, the committee could not consider other sources of information for compilation of the report.
The committee expressed its dissatisfaction with the Financial Expenditure Trends 2009/10 financial year as it is unclear whether the statements presented were indeed verified by the Auditor General. Many of the line items were unclear with no explanation provided in terms of explanatory notes. Furthermore, as stated previously no indication was given as to why expenditure was incurred for line items that were initially not budgeted for. Given these anomalies, it is unclear the extent to which the provisions of the PFMA were adhered to.
The committee noted that the transitional arrangements between the ORC, OSDP and OSW and migration into the department were not effectively managed. A lack of a plan to deal with the transitional arrangements in relation to the human resources, finances and programmes impacted on the performance of the department. Thus, the phasing out of the former Offices in the Presidency was part of the underlying problem that hereafter impacted on the functioning of the department.
The committee noted that a lack of leadership within the department was concerning. It would appear as if there was no guidance provided to support officials within the department.
The delays in terms of fulfilling senior management positions have direct implications on the performance of the department. However, the current structure of the department has a concentration of more senior vacancies and concern was expressed as to when lower level positions would be filled to assist officials with operational matters which can be undertaken by more junior staff.
The secondment of personnel from other departments e.g. Department of Public Services and Administration posed as an advantage and challenge. Despite the assistance provided through secondments, the department continued to face challenges in terms of producing and implementing a strategic plan.
The acting positions in terms of the Director General and Chief Financial Officer poses a challenge to the department as the ability of these officials to perform is impeded by their duplicity of roles and limited time available to attend to matters of the department. In addition, it is unclear as to how the continuity of functions within the department, which is crucial for effective performance, is ensured.
Absence of the departmental bank account, Persal system and BAS system impacts on the management of the department, hence oversight and accountability is a challenge hereto.
Limited personnel to implement programmes impacts on performance outcomes.
Despite the reports provided by the department to the committee, there appeared to be very little evidence of how the department's programmes engaged with women, children and persons with disabilities so as to improve their lives. The emphasis of the department's programmes appeared to be focused more on commemorative events and attending conferences and meetings. The committee advised the department against placing such emphasis on these engagements from the outset.
The lack of clarity around the department's mandate impacts on the performance outcome of the department therefore the funds allocated ultimately does not target the appropriate recipients namely, women, children and persons with disabilities.
The committee concluded that notwithstanding that the department's 2009/10 Annual Report was subsumed within the Presidency's 2009/10 Annual Report, it is unacceptable that an individual report for the department was not produced. Furthermore, the committee welcomed the briefing by the department in the absence of more detail in the Presidency's 2009/10 Annual Report. However, the committee noted that the report presented still lacked adequate information to fully assess, evaluate and oversee the department's performance. The delay in filling vacancies, implementation of PERSAL, Bas, and lack of a bank account impacts on the efficient functioning of the department. The committee reaffirms its position that the department should implement programmes that will improve the lives of women, children and persons with disabilities and less focus should be placed on commemorative events.
The department should implement the appropriate financial management systems.
The department should expedite appointment of vacancies which will assist in improving the performance of the department.
The department must adhere to its strategic plan and ensure that specific time lines and targets are assigned to each objective.
More emphasis to be placed on women, children and persons with disabilities than on commemorative events and attending conferences.
The department must return to the committee and provide clarity on financial statements as presented on 20 October 2010.
The department should clarify its mandate and translate that into plan of action that is achievable within the budget allocated in order to motivate for more funds.
The department must comply with PFMA and National Treasury Regulations - e.g. submit quarterly reports.
The implementation of PERSAL, BAS system and bank account should be attended to urgently and the committee will hold the department to account in terms of the proposed implementation date, 1 November 2010.
Piloting of the Child Friendly Cities Model in select Municipalities.
Tracking the implementation of inclusive education.
Mainstreaming of a child centred approach in development, governance and service delivery processes.
Coordination, Monitoring, evaluation and reporting on the children's rights.
Facilitate inclusion of People with Disabilities and disability mainstreaming in all economic growth and development programmes.
Coordination of disability related research conducted by higher education Institutions, Stats SA, HSRC and other research institutions.
Supporting principals in coordinating NCOP and Izimbizo events.
Submit National Disability Policy to Cabinet, train stakeholders, and monitor.
Review and facilitate implementation of policies pertaining to the rights of persons with disabilities.
Promote capacity development programmes & mainstreaming of disability considerations into government programmes.
Conduct Monitoring and Evaluation and undertake research to ensure compliance and comprehensive reporting on the implementation of disability programmes.
Provide strategic leadership, support and oversight.
Develop comprehensive monitoring and evaluation system and reporting framework.
Focus on the financial crisis and its negative impact on women and girls, including the conditionality for rescue packages.
Mainstreaming of gender issues in development, governance and service delivery processes.
Compliance with international and continental commitments on women's empowerment and gender equality.
Report of the Portfolio Committee on Police on Property Management and Capital Works within the South African Police Service, dated 21 October 2010.
This report identifies key research findings of the Task Team, and areas of concern emanating from the meetings held with the SAPS on the issue of Supply Chain Management: Property Management (18 May 2010 and 3 September 2010). It highlights the response of the Department of Police (and where relevant the response of the Department of Public Works) to these concerns. In addition, the report identifies recommendations of the Portfolio Committee on Police to address some of these concerns.
On 18 May 2010, the Portfolio Committee on Police met with the National Commissioner of Police and a delegation from the Department to discuss the issue of Supply Chain Management: Property Management within the South African Police Service (SAPS).
The Department provided a briefing to the Committee on Property Management within the SAPS.
Budget and expenditure for capital works, municipal services, private leases, maintenance and property rates (including planned maintenance and unplanned maintenance) from 2006/07 to 2009/10.
Projects completed by SAPS Building Services (including construction, repairs, renovations and upgrades) since 2004/05 and SAPS Building Service projects currently in progress.
Members posed a number of questions and concerns to the delegation at this meeting. However, the National Commissioner requested that the meeting be adjourned to a later date to enable the Department to fully prepare itself in order to address the questions and concerns raised by Members. The chairperson acceded to this request.
A key concern noted by Members during the meeting of 18 May 2010, was that the capital budget for construction, including for the building of police stations, has increased enormously since 1994, and especially over the past four years. Yet, only a few police stations are reported to be completed each year. Members were therefore concerned that there seemed to be no correlation between the increased resourcing for capital projects and the outputs, specifically in the form of new police stations constructed.
The focus of the Task Team was to research comprehensively the area of construction and expenditure on police stations, specifically new and re-established police stations, from 1994 to date.
providing a comprehensive overview of the construction of police stations by collating all available information about the construction of police stations from 1994 to date, and organising this information into a searchable format; and analysing this information in order to identify trends, areas of concern and discrepancies in information.
This information would also be prepared for use by the Members of the Portfolio Committee on Police in preparation for the follow-up meeting on Supply Chain Management: Property Management which was scheduled to take place on 3 September 2010 between the Committee and the SAPS, thus enabling the Members to interrogate the issues with the SAPS from an informed position.
The Task Team sourced and collated the information contained in all Annual Reports of the SAPS (and the Reports of the Auditor-General), SAPS Strategic Plans, Estimates of National Expenditure, briefings by the SAPS to the Portfolio Committee on Police, additional information provided by the SAPS to the Committee, as well as the Reports of the Portfolio Committee on Police from 1994 to date.
In this process, the Task Team compiled a searchable database on the construction of police stations, which can be used by the Portfolio Committee on Police in all future oversight initiatives around police station construction. This database will enable the Portfolio Committee on Police to effectively and efficiently oversee construction of police stations (irrespective of whether the construction project is the responsibility of the Department of Police or the Department of Public Works).
Since 1994, a total of 100 police stations have been constructed. Of these 100 police stations, only 31 are new police stations constructed in areas where no police station existed previously. The remaining 69 stations are re-established police stations whereby existing police stations are replaced by new structures on their existing sites or on new sites. Since 1994, a total of R6.25 billion (including the allocation for 2010/11) has been allocated to the Capital Works budget which includes (but is not limited to) expenditure for the construction of police stations. Conclusion: the high capital works budget since 1994 to date has not been used effectively to increase the number of police stations.
The capital budget has increased from R80,261 million in 1999/2000 to R1,049 billion in 2009/10 (by 1206%). Yet the number of police stations completed each year is not increasing commensurately. Despite an allocation of R1,049 billion for 2009/10 only five police stations were completed during that financial year, in comparison with nine police stations that were completed in 1999/2000. In addition, from 2006/07 to 2009/10 the capital budget has doubled from R510,5 million in 2006/07 to R1,049 billion in 2009/10. Yet in 2006/07, eight police stations were completed, in comparison to the five completed in 2009/10. Conclusion: the increasing capital works budget especially between 2006/07 and 2009/10 is not reflected in an increase in the number of police stations completed.
Most police stations that have been completed (71 out of the 100 police stations) have been the responsibility of the Department of Public Works. A total of 19 police stations have been completed by the SAPS. The remaining 10 police stations were completed under the auspices of the European Union. Between 2006/07 and 2009/10, a total of 23 police stations were completed (new and re-established). Of these 23 police stations completed, only four were completed by the SAPS.
Most of these 19 police stations took over three years to complete. In some cases the time taken to complete the police stations was as high as six-and-a- half years, such as in the case of the Inanda police station which was commenced on 1 April 2003 and was finally completed on 21 August 2009.
The cost escalations in SAPS construction projects were in some cases extremely high. The Inanda police station escalated by 270% from a planned cost of R15,9 million to an actual expenditure of R43 million.
Of the 11 projects currently in execution by the SAPS, five commenced as early as 2004 and five commenced in 2006. Only one project (Ga-masemola) commenced after 2006 - in 2009. Thus expected completion dates for 10 of the 11 current SAPS projects are between four and six years. Conclusion: In the majority of cases where the SAPS is responsible for the building of police stations, these stations take at least three years (and in most cases between four to six years) to complete and the cost escalations are extremely high. In comparison, police stations completed by DPW, on average, are completed in shorter time periods and with less cost escalation.
When the SAPS is responsible for police station construction projects extensive use is made of both consultants and contractors. On average it is estimated that approximately 18% of the total expenditure for each police station is spent on consultants. Despite requests for this information, the Department did not provide a breakdown of exactly how much was spent on consultants for each building project undertaken by the SAPS. Both National Treasury guidelines and the Acquisition Manual of the SAPS themselves state that consultants should only be appointed when the requisite skills are not available within the organisation. While the appointments of consultants and contractors for building projects are not in themselves problematic, the Task Team raised the concern as to whether the extensive use of consultants and contractors is in fact in line with the agreement entered into with the Department of Public Works. As early as 2006 the SAPS stated that it had the necessary core expertise in architects, engineers, quantity surveyors, technical personnel, builders and financial managers and was in the process of further recruitment. On this basis, DPW agreed to the devolution pilot. Conclusion: Continuous outsourcing to consultants and contractors reflects that the SAPS may not have the required expertise within the organisation. It is a concern that the Department could not provide details of the exact amount spent for each project on consultants. The 18% estimate seems high.
The research revealed a number of potential problems with the bid processes used by the SAPS. Until very recently, 1 April 2010, the Bid Adjudication Committee within the SAPS were responsible for the final decision on all bids, without the approval of the National Commissioner. The two Bid Adjudication Committees were, until very recently, chaired respectively by General Hlela and General Siwundla. In addition, National Treasury notes that consultants should, wherever possible, be appointed through a bid process, yet the research revealed that, in many cases, consultants are appointed though quotations rather than the bid process. Conclusion: There are danger signs with regard to possible mismanagement in the tender and appointment process in capital projects.
The research revealed that the SAPS had outsourced the development of the Immovable Asset Management Plan to a consultant, but there was no indication that this plan had been completed or adopted. The plan is a requirement in terms of the Government Immovable Asset Management Act, No 19 of 2007. In addition, it has not finalised a Planned Maintenance Policy or an updated Unplanned Maintenance Policy which would reflect its current agreement with DPW around maintenance issues. It also has not completed a Prioritisation Model which would assist in systematically identifying projects for prioritisation, particularly in terms of construction. Conclusion: key policy and plans required both in terms of law and to assist the organisation in property management have not been finalised even though costs have been incurred.
The collation of information from the sources used revealed extreme inaccuracies in the reporting of information on the construction of police stations. These inaccuracies are apparent in formal documentation such as the Annual Reports of the South African Police Services, as well as the written documentation provided to the Portfolio Committee on Police during briefings and written responses to questions. In many cases, police stations are reported as completed for a particular year, when they were not actually completed during that year (for example, in the presentation to the Committee 18 May 2010- where is was stated that Steinkopf police station was completed in 2006/07 when it was actually completed in July 2005) . Planned completion dates are totally arbitrary and are merely shifted from one reporting year to another. For example, Inanda police station was reported to be projected for completion in January 2006 in the 2004/05 Annual Report, in October 2006 in the 2005/06 Annual Report, in 2007 in the 2006/07 Annual Report and in 2008 in the 2007/08 Annual Report. It was eventually completed in 2009. In addition, financial figures provided in the Infrastructure tables in the Estimates of Expenditure produced by National Treasury are sometimes inaccurate and therefore unusable. Conclusion: Reporting errors in published and unpublished information renders effective oversight impossible.
3.1 During this same time period, there were reports in the media with regard to possible irregularities in the leasing agreements for the new police head office in Pretoria and the building in Durban. On 10 August 2010, the President of South Africa issued Proclamation 42, 2010 published in the Government Gazette. This Proclamation referred certain matters regarding the SAPS to the Special Investigating Unit (SIU) for investigation.
Unlawful or irregular conduct by members of the SAPS, suppliers, service providers or third parties relating to any of the above-mentioned allegations.
4.1 On instruction of the Minister of Public Works all lease agreements (including the two SAPS agreements mentioned above) were put on hold pending the results of the investigation.
In addition, approximately a week prior to the follow-up meeting with the National Commissioner and the members of the SAPS scheduled for 3 September 2010 on the issue of supply chain management and property management, it was reported in the media that a number of key officials within the Supply Chain Management division of the SAPS had resigned. These included the head of Supply Chain Management, General Hamilton Hlela, as well as General Stefanus Terblanche and General Matthews Siwundla.
Portfolio Committee meeting 3 September 2010 5.1 On 3 September 2010, the National Commissioner and his delegation met again with the Portfolio Committee on Police in order to address the concerns raised by Members in the meeting of 18 May 2010 on Supply Chain Management: Property Management.
5.2 The Director-General of the Department of Public Works and his delegation were also invited to this meeting, as were representatives from the Special Investigation Unit (SIU) and the Hawks.
The capacity of the police to build police stations including issues around the use of consultants, and the internal capacity within SAPS Building Services.
Planned and unplanned maintenance including process, expenditure and backlogs.
Committee concerns: Members raised numerous concerns around the controversial leases. Areas of particular concern to Members included: whether the leases for the Pretoria office (Sanlam building)/Durban office were published for tender, and, if not, why not; whether the National Commissioner had signed the needs assessment and budget letters confirming available funds for the Pretoria building; and why a second lease agreement for a second building was signed while the lease agreement for the current head office in Pretoria had been extended.
Members also asked for the reasons for revoking the decision to build a new head office using the public private partnership model (PPP); and whether costs had been involved in the investigation of the feasibility of using PPP. The Committee had information that a transaction adviser and a project officer had been appointed as consultants for this process.
Departmental response and response by the Director-General of the Department of Public Works: With regard to the PPP, the National Commissioner noted that soon after he was appointed he had been given a document to sign, containing details and costs of building a new head office for the SAPS, using PPP, to be constructed on a plot near the Department of Correctional Services' building in Pretoria. He had requested further information, and had not signed the document, as, in his opinion, this money would be better spent on building more police stations, than on building a new head office. The matter was not raised with him again.
According to the National Commissioner the lease for the current head office had been renewed by DPW (on 28 July 2009) without informing the SAPS. The National Commissioner stated that he had not signed the new lease agreement for the Sanlam building. In terms of affordability, he stated that the SAPS budgeted R1.2 billion per year for leases, and thus as the reported R500 million lease was actually the amount over a 10-year period, it was affordable to the SAPS.
The Director-General of the Department of Public Works noted that the DPW is responsible for entering into lease agreements on behalf of departments, based on their needs and confirmation of budget. He stated that the Minister of Public Works, on his appointment had identified a number of concerns around the Supply Chain Management (SCM) within DPW. The Special Investigating Unit was thus approached to investigate SCM processes within DPW, which included, but was not limited to, lease agreement processes. The manner in which the Sanlam building as well as the Durban building leases had been procured raised concerns around due processes within DPW, and required further investigation. DPW thus supported the SIU investigation into this matter as well as embarking on its own internal investigation, and have also suspended the lease agreements for both these buildings pending the outcome of the investigation. DPW has escalated all urgent leases to the office of the Director-General and implemented additional measures to strengthen procurement processes.
Members agreed that it would be important to discuss the matter further pending the finalisation of the current internal investigations and the investigation by the Special Investigating Unit. Many of the questions posed by Members could not be answered by either the National Commissioner or the Director-General of the Department of Public Works at the meeting of 3 September 2010, as the facts would only be uncovered during the investigations.
Committee concerns: Committee concerns about the resignations of General Hlela, General Terblanche and General Siwundla centred on the timing of their resignations and whether their resignations were directly related to probing by the Portfolio Committee into the issues around supply chain management, and the investigation by the Special Investigating Unit (SIU). Members were concerned that when problems within the Department are brought to light, key members are allowed to resign. Members wanted to know the reasons for the resignations, whether these officials left of their own volition or were 'pushed out', and whether these Members received 'golden handshakes'. Members voiced disappointment that the top management of the Supply Chain Management, who had resigned, were therefore not before the Committee, and would not therefore be held accountable for their actions.
Departmental response: The National Commissioner stated that General Siwundla had retired for personal reasons as he wanted to take care of his sick wife. General Terblanche had been shifted 'in order to open up some space for the investigation' but had preferred to resign rather than to be shifted to a different environment. The Commissioner noted that the Generals resigned in the interest of the organisation and to allow for improved 'efficiency' within the organisation. None of the Generals received 'golden handshakes' but had only received the money that was owed to them.
Departmental presentations: According to the SAPS, agreements between the DPW and the SAPS around devolution of budget and functions are consolidated in three documents. The devolution of budgets and the introduction of accommodation charges were introduced on 18 December 2005. A Memorandum of Understanding (MOU) on the devolution of immovable assets between SAPS and DPW was signed by SAPS on 31 January 2006. Thirdly, National Treasury approved SAPS' State of Readiness on the Devolution of Custodial Responsibilities from NDPW to SAPS on 3 December 2008. According to the SAPS, the SAPS and DPW still needed to agree on and finalise the draft Service Level Agreement dated April 2010.
The devolution of custodial functions from DPW to the SAPS is limited, in terms of the agreement, to functional assets, such as police stations and supporting structures. To date, a total of 271 police stations have been devolved. The SAPS has stated that the SAPS is still negotiating with DPW on the exact number of police stations that will be devolved from 2011/12 onwards, but that they estimate that 59 additional police stations would be devolved to the SAPS in 2011/12.
The MOU on custodial devolution addresses four areas including: maintenance and property rates; payment of municipal services; property leases; and capital works. Currently, neither property leases nor the payment of municipal services has been devolved. Thus the two areas of particular interest to the Committee are the devolvement of maintenance and property rates functions; and the area of capital works.
In terms of these functions, the SAPS presented to the Committee that there were advantages to devolving the maintenance function to the SAPS as it gave the SAPS more control over their maintenance plans and expenditure. However, they acknowledged that the absence of a maintenance plan (for both planned and unplanned maintenance) was a problem. This plan was still being developed. In terms of the devolvement of capital works functions, the SAPS believed that this was advantageous to them as they would have increased control over planning, in terms of time frames as well as contractual issues. In their presentation to the Committee they did not acknowledge any of the disadvantages in taking over this construction responsibility from DPW.
Committee concerns: During the two meetings, Members of the Portfolio Committee raised a number of key concerns around the devolution of these functions.
The request for the devolution of capital budgets and functions from DPW to the SAPS was on request of the SAPS as early as 2005/2006. It was clear that the DPW had agreed to this request based on assurances given to it that the SAPS 'would develop the necessary capacity and expertise' and were given in addition the assurance that the SAPS already had core expertise in this regard. Members raised concerns that, in fact, the SAPS did not have this capacity and expertise as could be seen by the myriad of functions (ranging from technical functions such as engineering and quantity surveying to basic building functions) that were outsourced to consultants and contractors.
Members highlighted that the extremely poor track record of SAPS Building Services to date (including high cost escalations in building projects completed and the fact that it can take between four to six years, or longer, for the SAPS to complete construction of a police station) raised very serious questions as to whether it was desirable for this function to be devolved from DPW. While DPW's track record in this regard was far from perfect, it was clear that both in terms of costs and timeframes, its record was better than that of the SAPS. Members questioned whether the building of police stations was in line with the core function of the police, which is to fight crime.
Members highlighted concerns in terms of the increased responsibility that the SAPS would have in terms of the devolution agreements. Currently only 271 police stations have been devolved, with possibly 59 more in the 2011/12 financial year. Members questioned whether the SAPS would have the ability to cope with the responsibility of all of the over 1100 police stations around the country. Members noted that they had no faith in the ability of the SAPS to cope with this responsibility in the light of its poor track record to date.
Members stated that they hoped that the SAPS would reassess its desire to be responsible for the building of police stations and that this function should remain with DPW. An alternative view expressed by a Member was to further capacitate the SAPS Building Services to fulfil this function more effectively. Members noted that it would be important for the SAPS to ascertain whether it was more cost-effective, as well as more efficient, to hire additional permanent staff within the SAPS or to allow DPW to do the work of construction of police stations.
Departmental response: The SAPS in its presentations to the Committee did not express any concerns around the devolution of the capital works custodial function from DPW to the SAPS. In fact, in the presentation on 3 September 2010 in particular, the devolution of this building function from DPW to the SAPS was presented as having a number of advantages to the SAPS, primarily in terms of control over timeframes and contracts. The presentation seemed to imply that it would be desirable for the SAPS to take over this responsibility for other assets currently not included in the devolution agreement such as forensic science laboratories and training centres by recording as a disadvantage the fact that the 'SAPS has no control over contractual issues between a supplier/contractor' with respect to non-devolved assets. In addition, it was stated in the presentation that the SAPS wanted to actively drive the devolution process to ensure that more stations could be devolved in the next few years.
However, the National Commissioner, in his response to the concerns of Members, acknowledged that the SAPS did not have the capacity to build police stations. He stated that all capacity, including the capacity to oversee projects, was outsourced. The National Commissioner requested that he be allowed to discuss the issue of capacity for capital works projects within the SAPS so that they could respond to Members adequately. He would then report to the Committee with a final conclusion on the matter. The chairperson agreed to this request.
The Director-General of the Department of Public Works acknowledged that DPW also faced challenges around the turnaround time for capital projects and were also concerned about the escalations in costs and the managing of consultancy fees. However, the Director-General stated that he welcomed the National Commissioner's admission that the SAPS did not have the capacity to build police stations, and stated that the DPW believed that it did indeed have this capacity to deliver on projects and provide infrastructure to client departments.
Departmental presentation: The SAPS, in its presentations to the Committee, did not explicitly acknowledge any problems with its current track record with regard to the construction of police stations. In the briefing of 3 September 2010, the SAPS presented a slide illustrating ideal and actual construction time periods for small, medium, large and mega stations. It did acknowledge in this slide that the actual construction time periods were indeed longer than those that are ideal. However, the actual time periods for construction identified in the slide (ranging from two years for a small station to under three years for a mega station) are clearly not a reflection of the actual time periods for SAPS building projects. The research of the Task Team highlighted above, has illustrated that these range between three to over six years. In addition, the SAPS presented a slide illustrating rising costs for construction. The slide did not illustrate the difference between planned and actual costs. However, some acknowledgement was made of the fact that SAPS building projects had not historically been completed within acceptable timeframes, in the slide which states that the 'aim is to have shorter delivery time (1st project currently ahead of program-Ga-Masemola)'.
Committee concerns: Members raised numerous concerns around the length of time taken by the SAPS to build a police station and the high cost escalations involved. Members questioned whether the projected timeframes for completion of the current SAPS Building Services police stations would in fact be realised, given the fact that the research has shown that the SAPS continuously extends its projected completion dates.
Departmental presentation: In contrast to the presentation on 18 May 2010, the Department, in its presentation on 3 September 2010, did acknowledge some serious problems with Supply Chain Management within the SAPS. Problems identified included the lack of a professional supply chain management practice and understanding; a fragmented management approach and practices, including general lack of command and control, poor financial and asset management and selective compliance with the regulatory environment; the lack of availability of management information; and the lack of a coherent strategic framework, including a policy framework, no strategic planning and no development framework for supply chain management capabilities. Additional challenges included integrity challenges specifically around bid and tender processes and conflict of interests between members and service providers; management complacency with regard to undetected incidents of corruption and fraud; and ineffective alignment between performance outputs and services rendered. The present organisational culture within the supply chain management environment is characterised by a lack of service orientation and professionalism and a poor administrative attitude.
The acting head of Supply Chain Management, Lieutenant Gary Kruse identified a number of guiding principles for interventions that would be taken to address these extremely serious problems within the Division. The interventions would focus on: strategic management issues (improved strategic planning processes and agenda; scoping of a professional supply chain management practice for the SAPS; development of management information capabilities for priority areas; and alignment of performance management); service delivery priority areas (including facility management- building of police stations, vehicle fleet management- mechanical services and availability of vehicles, provider (supplier) management, and inventory management); and addressing integrity issues (including integrity and corruption awareness; integrity reporting; coordinated interventions and investigations and integrity risk identification).
Committee concerns: Members welcomed the acknowledgement by the SAPS in the meeting of 3 September 2010 of the serious problems that exist within the supply chain management environment within the organisation. Members were, however, extremely concerned about these problems and questioned how they had been allowed to continue and fester for so long within the SAPS. The Members also questioned whether in the light of these extremely serious challenges within the supply chain management division, it was correct for the SAPS to be taking on even more responsibilities in terms of the construction of police stations. Concerns around the bid processes, selective adherence to policies and procedures, and the lack of an effective management information system had been identified as concerns in the research conducted by the Task Team as well.
Departmental presentation: The Department in its presentations to the Committee identified that when SAPS are responsible for building projects, they have two options- they may decide to use own resources for planning (in-house architects, engineers etc) and own resources for construction (in-house builders); or they may decide to outsource planning (or some planning functions) to consultants and outsource building functions to contractors. The presentation described the situations when the formal bid process is used for the appointment of consultants and contractors and when quotations are used for the appointment. In the case of consultants the SAPS uses the pre-qualified roster, on a rotational basis, for appointments. The SAPS described that in terms of design planning, in-house personnel are used to control quality in terms of planning and monitoring. They presented that professional consultants/service providers are appointed when specialised skills are required and where specialised conditions add risk. Only registered professionals are used and are paid in terms of milestones and set fees. The SAPS in-house professionals are used in planning and to monitor projects and service providers.
Committee concerns: The key concern of the Committee centred around the extensive use of consultants and contractors and the high percentage of costs of construction projects (on average 18%) that are paid to these consultants, in particular. Members raised this concern in the light of assurance that had been made to DPW and to the Committee at various meetings, that the SAPS did indeed have internal capacity, for example, architects, bricklayers, quantity surveyors, etc. to take over devolved functions, including the building of police stations. Members raised numerous questions in this regard.
Additional concerns raised with regard to consultants included the amount paid to consultants (project manager and transaction adviser) for the Head Office that at one point was going to be built though Public Private Partnership. Members queried why a consultant was used to draft the immovable asset management plan instead of in-house SAPS personnel and whether this reflected lack of internal capacity in this regard.
Departmental response: The National Commissioner acknowledged the concern of Committee Members with regard to the extensive use of consultants and stated that, in his opinion, where the SAPS referred to internal capacity they were in fact referring to outsourcing. The National Commissioner stated that he was concerned about the extensive use of consultants and the fact that 18% of costs were for consultant fees. A possible solution was to ensure that internal skills were retained more effectively.
The Head of Expert Services seemed to disagree with this position. She explained to the Committee that the SAPS never intended to execute all construction work in-house and they only intended to manage the process of appointments and construction. The in-house capacity was to be used for in-house planning and documentation. In addition she stated that not all SAPS projects were outsourced and that some projects were indeed planned in-house. However, she did not have the documentation before her to identify those stations that had been completely planned in-house.
Departmental presentation: The SAPS in its presentation noted a number of important challenges with regard to the current prioritisation process whereby police stations for construction are identified and prioritised. Essentially the process relies on input via the provinces on identification of provincial priorities which are then consolidated into a national list and prioritised and approved by the National Commissioner. A work-study is used to quantify the need in terms of the available resources. Key problems include that the Prioritisation Model, required in terms of the Government Immovable Asset Management Act, has not been completed; and there are no clear criteria in place to ascertain backlogs. Thus to date the SAPS does not know what the extent of its backlogs are in terms of police stations and satellite stations (estimated at 158 of which 28 are currently in execution, 103 are in the 2010-2016 building programme, but construction has not yet begun; and 27 have approved works studies but are not included in the 2010-2016 building programme), or indeed the other facilities (estimated at 182). The SAPS: Efficiency Services in conjunction with the Department of Public Services and Administration will develop a scientific process to identify backlogs.
Committee concerns: Members raised a number of concerns around prioritisation and the identification of backlogs. A central concern was the fact that stations that were identified as prioritised for construction sometimes take many years before they are eventually constructed. Many stations identified as a priority as early as 2005 have yet to be built.
Departmental Response: The National Commissioner acknowledged serious constraints in the prioritisation process and stated that, as Commissioner, he knew that there was a shortage of police stations, but could not get information from the SAPS as to the extent of that shortage and how long it would take to address this backlog. He reiterated that he would revert to the Committee after consultation with SAPS as to the exact extent of the backlog and time frames to address this backlog.
Departmental presentations: The agreements with the Department of Public Works with regard to devolution of functions means that in effect, from 1 April 2009, in terms of the devolved and new police stations, the SAPS is responsible for both planned and unplanned maintenance of these stations. In terms of non-devolved police stations and other facilities, the Department of Public Works is responsible for planned maintenance and for unplanned maintenance over R30 000. Unplanned maintenance under R30 000 (increased from R20 000 as of April 2010) comes from the provincial budget for both devolved and non devolved facilities.
Committee concerns: Members raised concerns around how practically, at station level, Station Commanders access funds/authority to fulfil their responsibility in terms of maintenance complaints under R30 000. Members noted that in many cases, Station Commanders complain that they cannot access this money without authorisation from the provincial offices, and that many delays are experienced in this regard. Members remained confused during both briefings on this issue, as the presentations continuously state that Station Commanders are responsible for the management of day-to-day maintenance; yet, because the money comes from the provincial office, the Committee is aware that in fact they do not have the autonomy to act in this regard, but need to process these maintenance complaints/requests through the provincial office.
Committee concerns: The results of the research by the Task Team identified serious concerns around inaccurate reporting on the issue of police station construction. Committee Members raised numerous concerns in this regard including the identification of inaccuracies in the information given in the presentation of 18 May 2010. Inaccuracies in this presentation included the reporting of two stations as completed in 2006/07 when in fact these stations were completed in mid 2005; and the incorrect reflection of actual expenditure for Capital Works which did not correlate with the audited expenditure figures. Members were extremely concerned that the written information, both in official publications such as the Annual Reports and Estimates of National Expenditure and in written reports presented to or provided to the Committee, reflected serious inaccuracies and contradictions. This severely hampers effective oversight.
Members questioned the motivation for inaccurate reporting to the Committee and there were concerns that this reporting was purposefully inaccurate in order to mislead the Committee. This could in fact be seen as 'lying' to Parliament.
Departmental response: The National Commissioner agreed that this was a serious concern and stated that he had himself addressed this issue with his officials, specifically with regard to the information that they relayed to the Committee in meetings. He reflected that it seemed as if members of SAPS were purposefully providing inaccurate answers to the Committee so that the SAPS 'looked like fools'. He hoped to be able to address this problem.
It is recommended that the Special Investigating Unit and other bodies investigating the issue of Supply Chain Management and lease agreements (DPW, HAWKS, Public Protector), relating to the SAPS, should present a report to the Portfolio Committee on Police, on completion of the investigations.
The SAPS should report to the Portfolio Committee on Police by mid February 2011 on the capacity (and continued desire) within the SAPS to take responsibility for the devolved function of capital works for the building of police stations. This report should not be limited to, but should include the vision and objectives of the Immovable Assets and Expert Services Management structure currently and in the medium to long term, for each of the units that fall under this structure, including Demand Management and Policy Coordination, Resource Management: Facilities, Expert Services, and Building Services; current capacity constraints within each of these units/sections; assessment of current performance of each of these units in delivering on its key objectives; and steps that are or will be taken to address the challenges faced by each of these units. The report should include comment on whether, in the light of the track record of Building Service, the SAPS still believes that it is desirable that they take over this function from DPW. The Portfolio Committee on Police will also make a recommendation on this matter.
The SAPS should report to the Portfolio Committee on Police by mid February 2011 on progress and any changes with regard to the finalisation of the Service Level Agreement (draft SLA dated April 2010) between DPW and the SAPS.
The SAPS should report to the Portfolio Committee on Police by mid February 2011 on progress on the agreement/plan with DPW on the exact number of police stations that will be devolved from 2011/12 onwards.
The SAPS should report to the Portfolio Committee on Police by mid February in the form of a written report on the status of completion of the 11 Building Service projects (or 10 if the project for the Khayelitsha police station is excluded) projected for completion in 2010/11. This report should not be limited to, but should include, status of each project; explanation of delays or extension of projected completion date; new (realistic) projected completion dates; expenditure to date; final expenditure; explanation for escalation if actual expenditure is higher than projected expenditure; description of what technical functions were performed in-house and which were outsourced; if technical functions were outsourced, outline of the expenditure on consultants; and explanation of the decision for using contractors or for construction being completed in-house.
The SAPS should report to the Portfolio Committee on Police on a six- monthly basis, in the form of a written report on the status of completion of all projected projects each year until completion of the Medium Term Framework period. This report should includethe status of the project; explanation of delays or extension of projected completion date; new (realistic) projected completion date; expenditure to date; final expenditure; explanation for escalation if actual expenditure higher than projected expenditure; description of what technical functions were performed in-house and which were outsourced; if technical function were outsourced, include the cost of expenditure on consultants; and provide an explanation for reasons for using contractors or completing function in-house.
The SAPS should report to the Portfolio Committee on Police on a six-monthly basis, in the form of a written report, on progress with interventions taken to address the challenges within the supply chain management environment. This report should include progress on: strategic management issues, service delivery priority areas, and addressing integrity concerns.
The Office of the Auditor-General should report to the Committee by mid February 2011 on findings of the Auditor-General on Supply Chain Management in the SAPS over the past five years. The SAPS has received an unqualified audit for the past six years (the last qualified report was in 2003/04). The Report should address the reasons for why certain problems may not have been detected by this Office or taken seriously enough. In addition, the Office should provide a report to the Committee on the finding of its investigation into the use of consultants by the SAPS, on finalisation of this performance audit.
The SAPS should report to the Portfolio Committee on Police by mid February 2011 on progress with regard to the accurate identification of current backlogs for police stations/satellites stations as well as other facilities. This report should include progress in the development of a scientific process to identify backlogs by Efficiency Services and the DPSA and details on this 'scientific' process'; progress in the development of the Prioritisation Model as required by the Government Immovable Asset Management Act and key aspects of this model; identification of current backlogs; the medium- to long-term plan with timeframes to address these backlogs; and detailed projected costs.
The SAPS should report to the Portfolio Committee on Police in the form of a written report to the Committee by mid February 2011 on maintenance issues within the SAPS. This report should not be limited to but should include a report on the average time taken by each provincial office to address maintenance concerns emanating from stations, reasons for delays experienced in each province, and the steps taken to address these problems.
The SAPS should report to the Portfolio Committee on Police by mid February 2011 on progress in finalisation of the Maintenance Plan/s for both planned and unplanned maintenance indicating projected completion date for these plans.
The SAPS needs to ensure that it has an effective Management Information system in place to accurately track and report on progress with capital projects. The SAPS should report to the Portfolio Committee on Police in the form of a written report by mid February 2011 detailing steps taken to ensure that information both in formal publications (such as Annual Reports; and relayed to National Treasury for inclusion in the Estimates of National Expenditure) and written and oral information provided to the Committee during meetings and in response to questions is accurate. The SAPS should liaise with National Treasury to ensure that information in the Infrastructure tables is both accurate and consistent over time. The same categories of information should thus be reported on each year and the same variables contained within each category.
The Portfolio Committee requests that this report be debated in the National Assembly.
Deeds Registries Amendment Bill [B 13 - 2010] (National Assembly - sec 75) (for proposed amendments, see Announcements, Tablings and Committee Reports, 20 October 2010, p 2929).
The Bill has been referred to the Portfolio Committee on Rural Development and Land Reform of the National Assembly for a report on the amendments proposed by the Council.
Sectional Titles Amendment Bill [B 14 - 2010] (National Assembly - sec 75) (for proposed amendments, see Announcements, Tablings and Committee Reports, 21 October 2010, p 2954).
Report and Financial Statements of the African Renaissance and International Co-operation Fund for 2009-2010, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-2010.
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Uganda for the establishment of a Joint Commission of Cooperation, tabled in terms of section 231(3) of the Constitution of the Republic of South Africa, 1996.
Explanatory Memorandum to the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Uganda for the establishment of a Joint Commission of Cooperation.
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Government Gazette No. 32137 indicated that the President had assented to the Money Bills Amendment Procedure and Related Matters Act, 2009 (Act No.9 of 2009) and the Act was published on 16 April 2009 and therefore comes into effect on this date. The Act aims to provide for a procedure to amend money Bills before Parliament and related matters. In broad terms the Act provides the procedure for Parliament to amend the budget, in which includes the annual Division of Revenue Bill (although the bill is not classified as a money bill in terms of the Constitution), the Annual Appropriation Bill and Adjustments Appropriation Bill. Provision is also made for the procedure to amend other money Bills.
The role of the Portfolio Committee on Labour is to represent the people and to ensure government by the people by providing a national forum for public consideration of issues through legislation and overseeing executive action over the national Department of Labour on behalf of the House. In terms of the Money Bills Amendment Procedure and Related Matters Act (Act No.9 2009), the procedure hinges on the constitutional obligation of Parliament to maintain oversight over the national executive authority. Therefore the annual assessment of national departments by the National Assembly through its committees provides the starting of the procedure.
In this respect the Act requires committees of the Assembly to submit annually Budgetary Review and Recommendation Report (BRRR) after the adoption of the adoption of the Appropriation Bill and prior to the adoption of the reports on the Medium Term Budget Policy Statement (MTBPS). The BRRR and the reports on the MTBPS serve as an indication whether amendments might be proposed to the fiscal framework and the budget bills when these are introduced the following year. In fact, when the Minister of Finance introduces the national annual budget, a report to Parliament setting out how the Division of Revenue Bill and the national budget give effect to, or the reasons for not taking into account, the recommendations contained in the BRRR and the reports on the MTBPS.
The Department of Labour will strive for a labour market which is conducive to economic growth, investment and employment creation and which is characterized by rising skills, equity, sound labour relations, respect for employment standards and worker rights.
Contribution to employment creation using programmes that already exist such as leanerships, Growth and Development Summit agreements commitments, supporting Expanded Public Works Programmes (EPWP) initiatives etc.
Promoting equity in the labour market by strengthening enforcement mechanisms to promote a culture of compliance in the labour market through the Employment Equity Strategy and the Broad Economic Empowerment (BEE) targets.
In the 2010/11 financial year, the Department of Labour was allocated a total budget of R1.78 billion which is 0.3 of the main budget for 2010/11 financial year. In the first quarter, the Department has only managed to spend about R488 million or 27.4 per cent of the allocated budget in 2010/11 before the adjustment. In the beginning of the financial year, however, the Department has indeed reported a number of under / over expenditure in various programmes for the first quarter 2010/11 financial year.
Programme1: Administration was allocated a total budget of R649.9 million for the 2010/11 financial year before adjustment. The Department has spent about R134.4 million or 20.6 per cent of the allocation in the first quarter. Even though the programme has over-spent on its transfer to household budget but it has spent less than expected in the first quarter in general. The programme had been allocated about R159 thousand for the household transfer budget but an amount of R1.1 million or 698.7 per cent of the allocation has been spent in the first quarter. According to the Department, the programme has under spent due to the fact that it is difficult to budget for such items as it depends on staff initiative. The over spending on the household budget is a symbol that funds have been redirected from other programmes to this programme which is indicative of poor budgeting.
Programme 2: Inspection and Enforcement Services was allocated a total budget of R356.6 million for the 2010/11 financial year before adjustment. The Department has spent about R69.8 million or 19.6 per cent of the allocation in the first quarter. This expenditure was mainly driven by the subsistence and travelling as well as transfers to household in respect of inspections and severance and retirement packages respectively. Though the programme has over spent on its transfer to household budget by 176 per cent of the allocation in the first quarter but the programme in general has under spend hence this programme has spent less than 25 per cent which is a spending benchmark for all departments per quarter. This reflects an under expenditure of 5.4 per cent of the programme allocation in the same period.
Programme 3: Public Employment Services was allocated a total budget of R280.4 million for the 2010/11 financial year before adjustment. However, the department has managed to spend about R66.8 million or 23.8 per cent in the first quarter. Of this expenditure the programme is still remaining with unspent funds of R2.6 million which was part of the approved projections for the first quarter. This level of under expenditure was due to the delays in the clarification of role and responsibilities of staff within this programme (PES) particularly in provinces due to restructuring process. Part of the slow spending in this programme was due to the decrease in claims by civil servants for injuries on duty which then reduces the administration costs.
Programme 4: Labour Policy and Labour Market Programme was allocated a total budget of R496.8 million for the 2010/11 financial year before adjustment period. The Department has managed to spend about R216.9 million or 43.6 per cent of the allocation in the first quarter. The higher than expected expenditure in this programme was due to the high spending on transfers and subsidies to Strengthen Civil Society, the once off payment to COSATU and SACOTU for May Day celebration in April. Part of this high level of expenditure was also the transfer payment to CCMA which is done into two tranches. Though most of the over expenditure in this programme emanated from the once off payments which is transfer budget but this is an indication that this Department will shift funds or request for additional budget in order to carry out its mandate for the rest of financial year.
The 2009 global economic climate presented numerous challenges for the South African labour market, with several sectors shedding thousands of jobs further straining the already vulnerable groups. Both the private household and agriculture sectors shed 38 000 and 31 000 respectively during the fourth quota of 2009. This trend continued well into 2010 as employment continued to decrease the formal non-agricultural business sectors in 2009 and 2010, as 79 000 people lost their jobs between December 2009 and March 2010. As can be expected, during such periods, much pressure is on government's Active Labour Market Programmes established to deal with unemployment through skills training and placement programmes. Consequently the Department of Labour's resources and its entities have been under pressure during this period in order to either assist people seeking new work opportunities and those in the process of being retrenched. The role of the National Economic Development and Labour Council (NEDLAC) and the Commission for Conciliation Mediation and Arbitration (CCMA) were also prominent during this period. As such, this demand on the entities' resources has raised issues of their financial capacity to meet these demands.
Moreover, the social insurance programmes such as the Unemployment Insurance Fund (UIF) experience a sharp increase in claims by the mounting numbers of the unemployed and retrenched workers. During the 2009/10 financial year, the UIF paid out a total of R4 536 million compared with the R2 834 million in 2008/09 financial year in unemployment benefits, wherein a total of 628 595 were approved new claims.
The Department of Labour was allocated an amount of R2.09 billion in the 2009/10 financial year which is 4.2 per cent of the main budget. This takes into account the adjustment made by the Department during adjustment period in the same year. However, the Department has only managed to spend R 2.06 billion or 98.7 per cent at the end of 2009/10 which is R26.8 million or 1.2 per cent under-spending. Furthermore, an amount of R36 million was shifted from the Departmental budget during the adjustment period of 2009/10, meaning that the allocated amount at the beginning of the financial year was R2.1 billion before the adjustment.
Administration: Programme 1 was allocated a total budget of R419 million for the 2009/10 financial year after the adjustment budget. The programme has managed to spend exactly R419 million or 100 per cent of this budget. This means that the Department has spent exactly according to its projections in this programme. However, even though the budget is well spent in this programme but there is an amount of R31.3 million which was shifted from other programmes to this programmes, in turn increasing this programme's budget balance from R392 million to R419 million. This movement of funds was done during the adjustment period, though the PFMA allows it but it is subject to abuse in a number of ways and results in unintended consequences. Firstly, when a Department moves funds from one programme to another those funds do not move with a programme therefore this movement defeats the intended goal of that particular programme. Secondly, people move funds precisely because of poor financial planning in that particular financial year. It is also an indicative of incomprehensible use of the medium term expenditure framework (MTEF) hence it gives proper projections three years prior on how the budget will look like. When used correctly, the medium term expenditure gives a chance to departments to adjust their budgets prior the implementation stage.
Whilst the programme achieved some of its objectives, however the Department's contract with Siemens has been under scrutiny for a number of years, due to failure to deliver on important objectives. As a result, the Auditor-General and the Standing Committee on Public Accounts have repeatedly raised the challenges that have transpired due to the nature and conditions of the contract. The contract agreement expires in 2013. In response, during the 2009/09 strategic plan, the department set targets to improve the management of the IT PPP contract with Siemens, to identify and document all outstanding items as agreed in the PPP and agree on an implementation plan to finalise these within the contract period, to review the PPP to determine the strengths, weaknesses, shortcomings and challenges during the contract period, enhance the capacity of the office of the Chief Information Officer (OCIO) to effectively manage the ICT PPP Agreement and drive the Department's ICT Strategy, Internal Audit. On these targets, the department has partially achieved its objectives.
Service Delivery: Programme 2 was allocated a total amount of R712.5 million for the 2009/10 financial year after adjustments period, but the Department only spent about R710 million or 99.7 per cent of this budget. This shows a 0.3 under expenditure in this programme at the end of the 2009/10 financial year. The reasons for lower than expected expenditure was due to the unspent R74.3 million which was supposed to have been spent in the buying of Hilux bakkies and the Department decided to purchase less than what was budgeted for as well as failure to spend on machinery and other equipments. Of note is that an amount of R72.3 million was shifted from compensation of employees to other programmes due to high vacancies (13.8 % in 2009/10 and 11% in 2010/11) which were not filled in the 2009/10 financial year.
Whereas the service delivery programme has partially delivered on its set targets, but there are ongoing concerns over issues relating to capacity to investigate occupational health and safety incidents due to high vacancy rates and unqualified inspectors. Whilst the department is actively implementing the Enforcement and Inspectorate Services turnaround strategy in order to transform and empower the inspectorate services, other challenges such as those of IT systems inefficiencies also aggravate the already strained key service delivery point of the department.
Employment and Skills Development Services / Human Resources Development: Programme 3 was allocated a total amount of R406 million for the 2009/10 financial year. The programme has only spent about R390.6 million or 96 per cent at the end of the financial year. This level of under expenditure was due to the R16.3 million unspent funds, this due to the function shift of skills development from the Department of Labour to the newly established Department of Higher Education and Training (DHET). Furthermore these unspent funds are mainly related to the Quality Council for Trade and Occupation (QCTO). Since October 2009, all skills development competencies together with unspent funds have been transferred to the Department of Higher Education and Training for the establishment of the QCTO and once off filling of vacancies. Of note is that an amount of R74.2 million was shifted from this programme to other programmes during the adjustment period of 2009/10 financial year.
Labour Policy and Labour Market Programme: Programme 4 was allocated a total budget of R541.7 million in 2009/10 financial year and the Department has also managed to spend R536 million or 99 per cent. According to the National Treasury, the under expenditure attributed to unspent R5.3 million due to the delays in the tender process for the Research Monitoring and Evaluation Agenda. The Department has applied for roll-overs in this regard. Part of this under expenditure, was the slower than expected expenditure on Membership fees for International Organisations which was budgeted R9.2 million and the Department only spent R8.6 million at the end of the financial year. To this end it was noted that an amount of R40.7 million was also shifted from other programmes towards this programme as an additional budget in the same period in this programme.
On the Employment Services System: Unemployment is acutely high in South Africa, especially amongst the youth. As a result, when government announces initiatives, with the promise of immediate or future employment, people hastily flock those offices. It is therefore no surprise that the department estimated 30 000 people to be registered with the ESSA was an underestimation as 636 140 people registered (606 140 more). To illustrate the demand of services offered by this programme, within the first six months of the 2009/10 financial year, 13 725 new jobs were registered on employment services database and 5 600 of job seekers were placed in permanent employment within the first six months of the financial year under review.
Whilst more employment opportunities, than expected, were registered in provinces such as the Eastern Cape, Free State, Gauteng North, Gauteng South, KwaZulu/Natal, and Western Cape others registered below expected numbers. These include the Limpopo Province, Mpumalanga Province, Northern Cape and North West Province. Although not explained in the annual report, part of the reasons could be the ongoing skills mismatch in the labour market, i.e. continued oversupply of unskilled to semi-skilled labour. Another reason could be the continued use and preference of Private Employment Services over the department's ESSA by employers. Hence, the department should also provide the skills profile of people registered in ESSA so as to establish reasons for such low intake of registered work-seekers.
The Sheltered Employment Factories: in 2007, when the department met with the portfolio committee regarding the 2005/06 audit performance of the Sheltered Employment Factories (SEF), various assurances were made; such as re-establishing the factories in accordance with the PFMA and Treasury regulations, as well as the commitment to determine the legal persona and the appropriate structure of the SEF. In response to the Auditor-General's findings on the lack of staff with adequate financial and management accounting at the SEF, the department made undertaking that a project dedicated to addressing these challenges had been initiated, as well as job profiles had been completed for finance staff and training was underway. These commitments were made four years ago, but similar challenges continue within the factories.
It is worth noting that, the Sheltered Employment Factories (SEF) received a qualified audit opinion during the 2008/09 financial year, following the 2006/07 qualified audit opinion with numerous matters highlighted that included internal controls, non-compliance with the legislation and for the year 2009/10 the SEF received an Adverse Opinion Inventories on issues relating to cost of sales, property and plant equipment, disclosures: including irregular expenditure. The dismal performance of SEF over the years raises serious concerns about the capacity of the Department to give guidance and oversight over the entity. It is also quite clear, based on the audit outcome, that the SEF lack serious financial skills or competencies. It is also of great concern that, the SEFs are a unique design for the people with disabilities and probably the only form of empowerment for the disabled where they solely produce high standard quality products that can compete equally in the open market. Therefore, the potential value of these factories is inconceivable; as such need immediate attention from the department.
Social Insurance: Programme 5 was allocated a total amount of R8.9 million for the 2009/10 financial year. Of this amount, the Department has only spent up to R6 million or 67 per cent of the entire budget of this programme with no adjustment or additional budget. Under expenditure was due to the slower than expected expenditure on administration costs for claims by civil servants injured on duty. This level of under expenditure in this programme remains a cause for concern hence this programme was meant to compensate people who are injured on duty.
Current Payments are divided into two categories namely, compensation of employees and goods and services. Compensation of employees only spent about 98.9 per cent of its adjusted budget in 2009/10 financial year. Though programme 3 (Employment and Skills Development) was unable to spent a total of R6.5 million in this category in the same period. It was further noted that an amount of R94.1 million was shifted from this category and 98.7 per cent of this amount was from programme 2 (Service Delivery). When all the unspent funds are added together in this programme (R6.5 million +R94.6 = R100.7 million) is equal to R100.7 million was unspent in the same period. The high level of poor expenditure can be attributed, firstly to high vacancy rate among labour inspectors, human resource practitioners and finance staff in the department. Secondly, part of this under expenditure was also due to delays in payments to State Information Technology Agency (SITA) for data lines and delays in payments to the Department of Public Works (DPW) for operating lease agreement.
Transfers and Subsidies only spent about 86.3 per cent of its total budget of which 78.8 per cent was a statutory transfer in relation to the skills development levies and 7.5 per cent was transferred to public entities and non profit institutions.
Capital Payment (CAPEX) the expenditure is relatively poor in this category due to the slow spending on buildings and other fixed structures namely, the construction of Rustenburg Labour Centre. The slower than expected spending was due to delays in the tender process and the submission of claims regarding capital projects on office buildings by DPW.
Contingent assets: the department is claiming an amount of R5 020 000 from the Siemens due to the overpayments of unitary fees which was based on a larger number of users than actually employed by the department.
Unauthorised/Fruitless and wasteful/irregular expenditure worth R3 392 125 due to payments made a supplier after the contract had expired, incorrect procurement procedures followed and the inspector posts that were upgraded to a higher level without prior approval from the Minister.
Non-compliance with regulatory and reporting requirements: where the department did not comply with Treasury Regulations 5.3.1 regarding the establishment of procedures for quarterly reporting to the executive authority. Secondly, the strategic plan did not form the basis for reporting on performance information in the annual reports of the accounting officer as required by Treasury Regulations 5.4.
Usefulness of reported performance information: the department did not report on all the predetermined objectives as required by section 40(3)(a) of the PFMA and Treasury Regulations 5.2.4 and 18.3.1.
Compliance with laws and regulations as required by the PFMA, Treasury Regulations and the Public Service Act and the Public Service Regulations.
Leadership: the accounting officer did not exercise satisfactory oversight responsibility and internal control to ensure that financial information and predetermined objectives reported were accurate, complete and existed.
Financial and Performance Management: financial information supporting the amounts disclosed in the financial statements submitted on the PPP assets were not prepared timely to allow for sufficient review by management.
Governance: the internal audit did not provide adequate review function over the internal controls of the department. The AG identified a number of control weaknesses which were not identified and corrected by the internal audit.
Investigations in progress: the investigation was underway, at the time of reporting, regarding the alleged internal control deficiencies and possible override of controls at INDLELA.
Investigations completed during the financial year: an investigation into fraudulent payments amounting to R981 450 that occurred during the 2008/09 financial year was concluded. The department recovered R142 404 from the account that was used to deposit the fraudulent payments.
Having received a qualified audit opinion, the Department of Labour appeared before the Standing Committee on Public Accounts in 2009 regarding its 2008/09 financial year audit performance.
Effective policies and procedures in relation to financial reporting are established and communicated.
The high level of vacancy rate which according to the department has decreased from 24.6 per cent in June 2009 to 11.8 per cent in June 2010. It was also noted that these vacancies are dominated by the following categories of labour inspectors 11.4 per cent, Human Resource practitioners 16.7 per cent, finance and other administrative posts 13.
The delays in the procurement processes such as the late submission of invoices and claims by the Department of Public Works (DPW) for capital projects have also contributed to the culture of under expenditure in the first quarter for 2010/11.
The misalignment of processes and lack of proper financial planning which resulted in the shifting and virements of funds within and from one programme to another programme, though this practise is allowed by section 43 of the Public Finance Management Act. However, it does have a negative impact, which ultimately defeats the initial purpose of the programme. It also promotes the culture of inability to plan accurately.
It was also noted that the Department is still struggling to project accurately for its transfers and subsidies budget particularly those that are transferred to household sub-programmes in various programmes. The Department has over spent on these sub-programmes within various programmes, citing the fact that it is difficult to budget for it.
On Sheltered Employment Factories, the Committee observed that the dismal performance of SEF over the years raises serious concerns about the capacity of the Department to give guidance and oversight over the entity. It is also quite clear, based on the audit outcome, that the SEF lack serious financial skills or competencies, starting from the head of the factories to the staff in general. It is also of great concern that, the SEFs are a unique design for the people with disabilities and probably the only form of empowerment for the disabled where they solely produce high standard quality products that can compete equally in the open market. Therefore, the potential value of these factories is inconceivable. The department must address these challenges immediately, and report on a quarterly basis on the progress regarding all issues raised by the AG.
Whereas the department continues to implement the turnaround strategy on the Inspectorate and Enforcement Services, however the committee observed that the slow progress at which this has been implemented should be addressed. As a result, the committee recommends that the department should on the details of the turnaround strategy and progress with regards to targets set. Furthermore, the committee recommends that in addition to the consultation on the turnaround strategy, the department should also give details of the proposed Occupational Health and Safety draft policy and Bill as the integrated inspectorate services has potential to address numerous challenges regarding the inspectorate services.
With regard to Service Delivery, additional funds should also be allocated to the Department to provide more mobile labour centres especially in rural areas in order to bring the services closer to the people.
The Department must prioritise the filling of vacancies within the Inspectorate and Enforcement Services and the entities.
Given the amount of work that has been transferred to labour centres, due to decentralisation of services from the head office, the Committee recommends that resources, i.e. both human and financial should be transferred to these centres in order to provide best possible services to the people. The Committee recommends that the department should appear before the Committee in order to provide details on how the department proposes to address challenges faced by the labour centres. Furthermore, the Committee recommends that the Director-General and the Minister should commence regular meetings with their counterparts from the Department of Public Works in order to fast-track the construction of labour centres.
The Committee would have regular briefing sessions with the Department in order to report on progress regarding audit challenges, with the intention of preventing further negative audits in future. These briefing sessions should include reports on progress regarding the filling of key vacancies within the department and its entities.
The Global Financial Crisis is just one example of how much work is demanded from the National Economic Development and Labour Council (NEDLAC) and the Commission for Conciliation Mediation and Arbitration (CCMA). The demand on these two entities far outweigh their current appropriation, hence such a demand outstrips their financial resources. Consequent to this, NEDLAC is unable to attract requisite skills due to financial constraints. As a matter of urgency, the Committee recommends that National Treasury should address the financial position of these two entities, in view of the fact that their work has serious socio-economic implications if not properly addressed.
Hon. L.E.
<fn>GOV-ZA.34467Gon583En.2012-02-10.en.txt</fn>
I, Bonginkosi Emmanuel Nzimande, Minister of Higher Education and Training, have determined national policy on the Minimum Requirements for Teacher Education Qualifications in terms of Section 8(2)(c) of the National Qualifications Framework Act, 2008 (Act 67 of 2008). This policy is hereby published in terms of the said Act as schedule 1.
This policy aligns qualifications for teacher education with the Higher Education Qualifications Framework, 2007, and it replaced the Norms and Standards for Educators in Schooling, 2000, in its entirety.
Acronyms and Abbreviations 3 l. The Purpose and Scope of this Policy Document.. .4 2. Background to this Policy 6 3. Principles Underpinning the Design of Programmes Leading to Teacher Education Qualifications 7 4. Selection of Qualification Types for Teacher Education 9 5.
Examples of Qualification Paths in Teacher Education 12 7. Qualifications and Programmes for Initial Teacher Education l5 7.1. The Nature oflnitial Teacher Education Qualifications 15 7.2. Qualifications for Initial Teacher Education 16 7.2.1. The Bachelor ofEducation Degree l7 7.2.2. Advanced Diploma in Teaching 22 8. Qualifications and Programmes for Continuing Professional Development.. 28 8.1. The Nature of Continuing Professional Development Qualifications 28 8.2. Qualifications for Continuing Professional Development.. 29 8.2.1. Advanced Certificate in Teaching , 29 8.2.2. Advanced Diploma in Education 34 8.2.3. Postgraduate Diploma in Education 35 8.2.4. Bachelor of Education Honours Degree 3 7 8.2.5. Master of Education Degree 38 8.2.6. Doctoral Degree in the Field of Education 39 9. Qualifications and Programmes for GradeR Teachers .40 9.1. The Nature of GradeR Teaching Qualifications .40 9.2. Qualifications for GradeR Teaching .40 9.2.1. Diploma in GradeR Teaching .41 10. Articulation of Historical Educator Qualifications with new Teacher Education Qualifications in the lO~level National Qualifications Framework (NQF) 44 11. Time~frame for Implementation .46 12. Approval ofTeacher Education Programmes 46 13. References 48 Appendix A: Collective Roles of Teachers in a School ............................................. .49 Appendix B: Purpose of Programmes at different levels on the HEQF ...................... 51 Appendix C: Basic Competences of a Beginner Teacher ............................................ 53 Appendix D: Teaching Specialisations for initial Teacher Education Qualifications .54 Appendix E: Fields for which 360C Level 6 Diplomas may be Submitted for Evaluation for Entry into the Advanced Diploma in Teaching .......................... 56 Appendix E: Fields for which 360C Level 6 Diplomas may be Submitted for Evaluation for Entry into the Advanced Diploma in Teaching .......................... 56 Appendix F: Admission of Students to the Professionally-focused Advanced Diploma in Teaching..........................................................................................................
Minimum Requirements for Teacher Education Qualifications, 2011 1.
The Minimum Requirements for Teacher Education Qualifications replaces the Norms and Standards for Educators (NSE), published in February 2000 (DoE 2000a).
The Minimum Requirements for Teacher Education Qualifications is based on the Higher Education Qualifications Framework (HEQF) and should be read in conjunction with the HEQF. It meets all the minimum requirements and criteria for higher education qualifications, as described in the HEQF.
The policy is subject to the HEQF and any revision of it.
Following the HEQF's nested approach, The Minimum Requirements for Teacher Education Qualifications defines agreed-upon standards at different levels.
sets minimum and maximum credit values for learning programmes leading to qualifications in terms of the knowledge mix and different levels; and defines a minimum set of agreed-upon competences for initial teacher education (ITE) programmes.
The setting of standards to define competences at deeper specialised levels for specific subjects or specialisations s is not defined in this policy and will be developed by the relevant teacher education communities of practice.
In terms of the NQF Act of 2008, the ultimate responsibility for the setting of standards in higher education qualifications rests with the Council on Higher Education (CHE), through the Higher Education Quality Committee (HEQC). This policy was developed through a consultative process, involving the CHE; the Department of Higher Education and Training (DHET); the Department of Basic Education (DBE); public universities and private higher education providers, offering teacher education qualifications; the South African Council of Educators (SACE); the Education Training and Development Practices Sector Education and Training Authority (ETDP SETA); and teacher unions. This process served to set broad standards for teacher education qualifications.
The specification of a set of minimum requirements for teacher education qualifications is aimed at ensuring that the higher education system produces the kinds ofteachers that the country needs.
The Minimum Requirements for Teacher Education Qualifications provides a basis for the construction of core curricula for initial teacher education, as well as for Continuing Professional Development (CPD) Programmes that accredited institutions must use in order to develop their programmes leading to teacher education qualifications.
The Minimum Requirements for Teacher Education Qualifications will have multiple users. It will be used by the DHET to evaluate teacher education qualification programmes, submitted by public universities, for approval for inclusion in their Programme and Qualifications Mix (PQM) and therefore for funding; and to evaluate teacher education programmes submitted by private higher education institutions for registration, enabling them to offer the programme. It will also be used by the CHE and the HEQC to inform their teacher education accreditation and quality assurance processes. The DBE, together with the DHET, will use the policy as a basis for the revision of the Criteria for the Recognition and Evaluation of Qualifications for Employment in Education based on the Norms and Standards for Educators (NSE), published in September 2000 (DoE 2000b). The policy will, through these processes, be utilised to regulate teacher education qualification programmes offered by all types of institutions.
This policy document refers to professional educators and teachers for the schooling system. Educators in this policy refers to persons who educate other persons or who provide professional educational services or support to schools catering for Grades R to 12 learners. The term includes classroom teachers; education practitioners; teaching and learning specialists; heads of departments, deputy principals, principals, curriculum advisors, education specialists, teacher development officers; education development officers; district and regional managers; and education systems managers. A teacher is a school-based educator whose core responsibility is that of classroom teaching at a school.
Qualifications for educators and teachers, working in pre-school and post-school educational settings 1, are dealt with in separate policy documents.
With reference to the education and development of educators, The Minimum Requirements for Teacher Education Qualifications identifies three broad qualification pathways that educators may follow with a view to advance their careers, namely, a teaching and learning pathway; a management and leadership pathway; and an educational planning, research and/or policy development pathway. In relation to these it then provides examples ofappropriate qualification routes.
The policy also describes articulation routes for teachers holding historic qualifications into the new set of HEQF-aligned teacher education qualifications. It also describes articulation between new teacher education qualifications, introduced in this policy.
1 Pre-school includes institutions catering for Early Childhood Development (ECD) (0-4) and postschool includes institutions catering for out-of-school learners such as, adult learning centres, colleges and universities.
Minimum Requirements for Teacher Education Qualifications, 2011 2.
The Norms and Standards for Educators (NSE), 2000, which this policy document replaces, was the first formal policy in terms of academic qualifications for educators. It attempted to align a sub-sector of higher education qualifications with the National Qualifications Framework (NQF) and the national school curriculum.
Amongst other innovations, the NSE 2000 introduced seven interrelated rolei for educators as key criteria for the development and recognition ofteacher qualifications and learning programmes. It also emphasised the notion of integrated and applied competence as the primary means of assessing whether or not the requirements of a learning programme had been complied with.
It was acknowledged in the NSE, 2000 that, as soon as new academic policy for higher education had been published, the NSE, 2000 would have to be reviewed and aligned with the new policy. The Higher Education Qualifications Framework (HEQF) was published in October 2007 (DoE 2007a), and therefore the NSE 2000 had to be replaced, in order to provide teacher education providers with clear guidelines with regard to the development ofHEQF-aligned qualifications and teacher education programmes.
This policy had the benefit of drawing from several years of research into the implementation and effects of the NSE 2000, as well as from further policy development. It could utilise the recommendations regarding teacher qualifications in the National Policy Framework for Teacher Education and Development (NPFTED) (DoE 2007b), which were based upon the report of the Ministerial Committee on Teacher Education that had been published in 2006. In addition, the HEQC of the Council on Higher Education (CHE) undertook a review of teacher qualifications (CHE 2010). Elements of the HEQC review and re-accreditation process and, in particular, those relating to the Bachelor of Education (BEd) degree, the Postgraduate Certificate in Education (PGCE) and the Advanced Certificate in Education (ACE) provided valuable information on the quality and design of programmes and highlighted several aspects that have been addressed by this policy.
2 The seven educator roles comprise specialist in a phase, subject or practice; learning mediator; interpreter and designer of learning programmes and materials; leader, administrator and manager; scholar, researcher and lifelong Ieamer; assessor; and a community, citizenship and pastoral role. (See Appendix A.
brings the importance of inter-connections between different types of knowledge and practices into the foreground, as well as the ability of teachers to draw reflexively from integrated and applied knowledge, so as to work flexibly and effectively in a variety of contexts; and it retains the roles of a teacher described in the NSE 2000, but emphasises that the roles must be interpreted as functions carried out by the collective of teachers in a specific school. The roles continue to be a useful tool to assist in the design of learning programmes which, in turn, results in the development of teachers who are able to contribute to the collective work of educating children in a school at different stages oftheir careers.
The descriptions of the seven roles are retained as Appendix A to this policy document. They should, however, not be taken to represent the curriculum for teacher education programmes.
The Minimum Requirements for Teacher Education Qualifications describes qualifications pertaining to ITE and continuing professional development (CPD) in different sections, in order to ensure that the requirements for an ITE qualification are clearly understood to be distinct from that which is intended for the continuing development of practising teachers and educators.
Teaching is a complex activity that is premised upon the acquisition, integration and application of different types of knowledge practices or learning. A purely skillsbased approach, which relies almost exclusively on evidence of demonstrable outcomes as measures of success, without paying attention as to how knowledge must underpin these skills for them to impact effectively on learning, produces technicists who may be able to replicate performance in similar contexts, but who are severely challenged when the context changes. In contrast, the approach adopted in The Minimum Requirements for Teacher Education Qualifications pays close attention to the various types of knowledge that underpin teachers' practise, while encapsulating all of these in the notion of integrated and applied knowledge.
Integrated and applied knowledge should be understood as being both the condition for, and the effect of scrutinising, fusing together and expressing different types of knowing in the moment of practise. This is closely related to the notion of applied and integrated competence as described in the NSE 2000 but, by explicitly placing knowledge, reflection, connection, synthesis and research in the foreground, it gives renewed emphasis to what is to be learned and how it is to be learnt.
Competent learning is always a mixture of the theoretical and the practical; the pure and the applied; the extrinsic and the intrinsic; and the potential and the actual. In effect, competent learning in effect, represents the acquisition, integration and application of different types of knowledge. Each type of knowledge, in tum, implies the mastering of specific related skills.
Disciplinary Learning refers to disciplinary or subject matter knowledge, and can be presented in two components within a teaching curriculum, namely the study of education and its foundations, including but not limited to the philosophy, psychology, politics, economics, sociology and history of education; and the study of specific specialised subject matter that is relevant to the academic disciplines underpinning teaching subjects or specialisations. Professional ethics and issues related to knowledge of, and relationships between the self and others in the life a teacher are cross-cutting themes that are theoretically located in the study of education and its foundations.
Pedagogical Learning incorporates general pedagogical knowledge, which includes knowledge of learners, learning, curriculum and general instructional and assessment strategies; and specialised pedagogical content knowledge, which includes knowing how to represent the concepts, methods and rules of a discipline in order to create appropriate learning opportunities for diverse learners, as well as how to evaluate their progress. Inclusive education forms an important aspect of both general pedagogical knowledge and specialised pedagogical content knowledge.
Practical Learning involves learning in and from practice. Learning from practice includes the study of practice, using discursive resources to analyse different practices across a variety of contexts, drawing from case studies, video records, lesson observations, etc., in order to theorise practice and form a basis for learning in practice. Learning in practice involves teaching in authentic and simulated classroom environments. Work-integrated learning (WIL) takes place in the workplace and can include aspects of learning from practice (e.g. observing and reflecting on lessons taught by others), as well as learning in practice (e.g. preparing, teaching and reflecting on lessons presented by oneself). Practical learning is an important condition for the development of tacit knowledge, which is an essential component of learning to teach.
3 In the case of students whose language of choice (or first language) is English or Afrikaans, this needs to be one of the nine other official languages or South African Sign Language.
Communication Technologies (ICTs) competently, and the acquisition of academic literacies, which lay the foundation for effective learning in higher education contexts. (The development of other important literacies is expected to be integrated into other types of learning-especially Disciplinary Learning-in addition to the utilisation ofiCTs for innovative teaching and enhanced learning.
Situational Learning refers to knowledge of the varied learning situations, contexts and environments of education (classrooms, schools, communities, districts, regions, countries and globally), as well as to prevailing policy, political and organisational contexts. Naturally, all learning -including Disciplinary Learning, Pedagogical Learning, Practical Learning and Fundamental Learning -should involve learning in context, but situational learning refers specifically to learning about context. This includes an understanding of the complex and differentiated nature of South African society; learning to work in nuanced ways with the diverse challenges faced by children in schools and the communities that they serve, for example HIV and AIDS, poverty and the lingering effects of apartheid; dealing with diversity; promoting inclusivity; and environmental sustainability.
Specific mixes of these five types of learning and knowledge depend on the purpose of the qualification and provide the basis for the design of curricula for specific learning programmes. Different minimum credit values accorded to these types of learning and knowledge may, for the purposes of specific programmes, emphasise one type above another, particularly with regard to higher-level programmes, but Disciplinary Learning and Pedagogical Learning constitute the foundation for all education qualifications, while Practical Learning is of particular importance in qualifications pertaining to initial teacher education. Professional ethics and the development of professional attitudes and values constitute the key elements of all teacher education programmes. Different mixes of knowledge and related skills result in the development of different kinds of competences.
The minimum set of competences required of a newly qualified teacher is outlined in Appendix C, while the knowledge mix selected for any ITE qualification programme must lead to the development of these competences.
Learning programmes that lead to qualifications comprise different courses and/or modules. The principle of applied and integrated knowledge implies that the different kinds of learning described above should be integrated across courses and modules, so as to ensure that they serve the purpose of the overall programme.
The HEQF provides a single, clear and coherent framework for all higher education qualifications, including teacher education qualifications. The nine higher education qualification types specified by the HEQF are located at different levels on the NQF and registered by the South African Qualifications Authority SAQA), while the standards of the qualifications and learning programmes developed within this framework are set and quality-assured by the CHE. In order to ensure public confidence and understanding, standards must have legitimacy and credibility, and provide benchmarks to guide the development of learning programmes leading to qualifications (DoE 2007a: 5-7).
Qualifications are "the formal recognition and certification of learning achievement awarded by an accredited institution" (DoE 2007a: 6). A qualification therefore certifies that a planned and systematic programme of learning was followed and successfully completed through formal or informal learning and work experience. The volume of learning required for a particular qualification is measured in notional study hours, specified in terms of a total minimum number of credits. It is important to note that some programmes (such as the BEd degree and some advanced diplomas in education) may require credit loads above the minimum (DoE 2007a: 9).
The qualifications selected for teacher education are listed below.
[Note: The qualification for Grade R teaching is treated separately from teaching qualifications for ITE and CPD, as it has a specialised purpose and its focus is on one specific grade in the Foundation Phase (FP). The progression path from Grade R teaching is into FP teaching, for which the minimum qualification is a BEd in FP Teaching.
The qualifications for teacher education are indicated in Table 1. It should be noted that there is no automatic advancement through the qualification types. Progression to higher levels implies that cognate learning is in place to enable successful engagement with the contents of the qualification programme at the higher level. Credit Accumulation and Transfer (CAT), as described in the HEQF may be applied, while access through assessed prior learning is also possible.
Minimum and maximum credit values are defined at a broad level for each qualification type in the HEQF. These are the boundaries within which all learning programmes, leading to teacher education qualifications, have to be designed.
Table 2 below provides a tool for conceptualising how different types of learning must be enabled at different levels of complexity within a learning programme. Specific credit allocations at different levels for each of the types of learning, both define and are dependent on the purpose of the qualification. This is referred to as the knowledge mix of the programme, leading to a specific purposeful qualification.
This policy describes the knowledge mix that is appropriate for purposeful teacher education qualifications (as described in Section 4) in terms of maximum and minimum credit values, as well as the level of learning required. In order to ensure that a particular qualification meets the purpose for which it is intended, all aspects of the learning programme that have credit values assigned to them must be assessed, including practical learning and WIL.
STAATSKOERANT, 15 JULIE 2011 No.
Note: The types of learnmg are not eqmvalent to modules. (Refer to Sectwn 12.
The tool in Table 2 can be used by curriculum designers to ensure that a specific teacher education qualification programme meets the minimum requirements and, at the same time, illustrates the design of the specific curriculum in terms of its unique knowledge mix. In order to allocate specific credits in the knowledge mix of the learning programme at different levels, a second tool was developed. This tool is dealt with in Appendix B and takes the form of a table of statements describing the purpose of qualifications at different levels. The statements are derived directly from the HEQF and arranged in tabular format to facilitate choices with regard to the appropriate level of different contents, leading to the various types of learning and knowing. A further tool that may be utilised in defining credits at different levels in a learning programme leading to a qualification, comprises the SAQA level descriptors, which may be found on the SAQA website: www.saqa.co.
Most teachers will begin their careers as phase and/or subject specialists, and will usually work in a classroom at a school.
At any future point thereafter, some teachers may wish to deepen or extend their competence in their chosen teaching and learning specialisations, or else develop an additional role or practice to support teaching and learning in a school. These teachers may continue to work in classrooms, or they may work elsewhere in a school, such as in a library, in a school office as a coordinator of school-based support, in a specialised teaching centre or as a subject advisor supporting teachers in their district.
Other teachers may prefer to follow a completely different teaching and learning direction by developing a brand new specialisation in a phase or subject, and they are likely to continue working in a classroom.
Minimum Requirements for Teacher Education Qualifications, 2011 development officer, researcher, planner, policy developer or as a data or systems manager.
These different directions within schooling require specialised and progressive qualification paths. Possible qualification paths are described in Figures 1, 2 and 3 below. Note that these examples do not cover all possibilities. For example, a prospective teacher may complete an honours degree in an academic field before or after completing an Advanced Diploma in Teaching. Note that these are not the only career directions that teachers may choose. Some teachers may choose to move out of the schooling context into other educational settings, for example to become lecturers at Further Education and Training (FET) colleges or teacher educators at universities.
learning, e.
BSocSci., etc.
teaching --.--.,. new teachmg ~.: new leaching !-.
or subject, e.g.
Initial qualification for 1'1 post-initial zru!
OR BA, BSc, BCom, BSocSci. etc., plus Ad Dip in Teaching , --+- Adv Dip {Ed School Leadership and Management} PG Dip {Ed {School Leadership and Management, Education System Management} -+ MEd I I;.
4 BEd --4 MEd ---'-+ PhD -----!.
BSocSci. etc.
The specific qualifications in the three figures above are merely provided as examples and not as prescriptions. It is also important to recognise that the qualification type selected in each case is linked to the purpose of the qualification, as described in the HEQF and not necessarily to its NQF level. The choice of a qualification for career change or advancement does not necessarily equate to the subsequent qualification being on a higher NQF level. It is possible for a teacher to complete a Diploma in GradeR Teaching as a first step in a qualification pathway.
In the following sections, specific guidelines for developing programmes leading to purposeful qualifications, are provided.
The primary purpose of all Initial Teacher Education (ITE) qualifications is to certify that the holder has specialised as a beginner teacher in a specific phase and/or subject. This specialisation can take a variety of forms, all of which are associated with competence in subject matter knowledge, and it integrates all types of learning described in Section 3 of this policy. Specialisation can be linked to a phase (for example the Foundation Phase or the Intermediate Phase), a subject (for example Mathematics or English), or combinations of these.
Programmes leading to ITE qualification must take particular cognisance of the need for students to engage in practical learning as described in Section 3. Practical learning must be appropriately structured and fully integrated into overall learning programmes, while including structured supervision, mentoring and assessment. Time spent in the actual workplace is very important and should provide an authentic context within which student teachers can experience and demonstrate the integration of the competences they had developed during the learning programme as a whole. It is also important for students to be exposed to concrete experience of the varied and contrasting contexts of schooling in South Africa.
Practical and WIL should be spread out across the academic programme. The school experience component should take place in blocks of varying duration throughout the programme. Where a more extended period is envisaged, such as during part of a final year or within a structured mentorship programme, there must be a guarantee of proper supervision, suitable school placement and formal assessment (DoE 2007b: 14). WIL must take place in functional schools. Additional specific requirements pertaining to practical requirements are provided in the descriptions of the initial teaching qualifications that are to follow.
It is expected that all new teachers should be proficient in the use of at least one official language as a language of learning and teaching (LoL T), and partially proficient (i.e.
Minimum Requirements for Teacher Education Qualifications, 2011 official language (including South African Sign Language)4 All new ITE qualifications must be endorsed to indicate the holder's level of competence in specific languages by using appropriate labels, for example: LoLT (English) and conversational competence (isiZulu). Depending on the qualification type, the design of the programme and its duration, it may be possible for a qualification to be endorsed with more than two languages, for example: LoLT (English; Afrikaans) and conversational competence (siSwati; South African Sign Language).
The minimum set of competences required of a newly qualified teacher is indicated in Appendix C.
On the basis of the qualification types and levels specified by the HEQF, and given these minimum competences, together with the integrated nature of initial teacher training, the broad curriculum needs of ITE programmes and the extensive practical and WIL requirements, initial teacher qualifications, such as a BEd and the Advanced Diploma in Teaching are most appropriately located at Level 7 on the NQF. (See the qualification purpose descriptors in Appendix B.
In keeping with the purpose of level 7 qualifications, listed in Appendix B, ITE qualifications focus less on in~depth research into a particular discipline or sub~ discipline and much more on the well-rounded application of theory to professional practice, so as to provide the degree of specialisation required to enter the specific labour market niche of teaching. In addition, a BEd requires sufficient time to cover all the types of learning described in Section 3 and, more in particular, it demands meaningful time and credit allocations for practical learning opportunities. Therefore, the BEd is designed to include at least 480 credits, pegged at Level 7 on the NQF. The Advanced Diploma in Teaching is an NQF Level 7 qualification, designed to include at least 120 credits, and it follows on a general degree (or diploma in specified fields) that includes the study of subjects that provide sufficient disciplinary learning to support specialisation in teaching.
A professionally-focused Advanced Diploma in Teaching (NQF Level 7), which caps an undergraduate Bachelors degree (NQF level 7 or 8) or an approved Diploma (NQF Level6).
The descriptions of the qualifications and unique features of the learning programmes for each of the above are described in more detail below. These descriptions will be used by accredited institutions to design their learning programmes, as well as ensuring a minimum level of standardisation across the system.
4 Refer to Section 3 for a description of fundamental learning.
5 This is not an automatic pathway.
Diploma in Teaching. (See Appendix E.
Minimum Requirements for Teacher Education Qualifications, 2011 7.2.1.
Purpose The Bachelor of Education degree (BEd) has the primary purpose of providing a wellrounded education that equips graduates with the required subject content knowledge base; educational theory; and methodology that will enable them to demonstrate competence and responsibility as academically and professionally qualified beginner teachers. Principles and theory are emphasised as a basis for entry into a professional teaching career. The learning programme must, as a minimum requirement, lead to the development of all the beginner teacher competences described in Appendix C.
The degree is intended to develop qualified classroom teachers who can demonstrate focused knowledge and skills in tlie teaching of particular specialisations (phase(s) and/or subject(s)).
The degree requires a specific depth of, and specialisation in knowledge, together with practical skills and workplace experience, to enable successful students to enter into teaching and apply their learning as beginner teachers in schools in varying contexts. They should be able to demonstrate initiative and responsibility in an academic and professional teaching environment.
The degree also requires intellectual independence and the development of some level of research competence in the field of education and, more specifically, teaching and earning, in order to provide a basis for postgraduate studies in the field of education or in a sub~field of education, as well as for further professional development as a teacher.
Bachelor of Education degrees provide opportunities for students to specialise in teaching either the Foundation Phase (FP) or subject selections from four broad subject domains (or "fields of learning") specific to the Intermediate Phase (IP), the Senior Phase (SP) and the Further Education and Training (FET) phase of schooling, as delineated in Appendix D. Learning support specialisations are also possible for students who are specialising to teach in the SP and/or FET phase.
Qualification type specifications NQF Exit Level: 7.
Maximum total credits at LevelS: 96. Minimum total credits at Level 7: 120.
6 Senior Phase teaching is not an approved stand-alone qualifier, since the majority ofSP teachers are also required to teach FET subjects.
Minimum admission requirements The minimum entry requirement is a National Senior Certificate (NSC) (with endorsement for entry into Bachelor studies) with appropriate subject combinations and levels of achievement, as prescribed by institutions accredited to offer learning programmes that lead to the attainment and awarding ofthe qualification.
Teachers who are in possession of a recognised certificate or diploma in education or another relevant field, may also present their qualifications for entry into a BEd with a possibility of transfer of credits, for cognate previous studies. Assessment of prior learning could also lead to entry or an advanced credit standing.
At least 50% [240C] of the credits must be focused on developing the teaching specialisation phase and/or subject, including subject-focused disciplinary, pedagogical and practical learning. At least 120 of these credits should be at Level 6 and 60% at Level 7.
At least 40% [ 192C] of the credits must be spread across educationally-focused disciplinary learning (foundations of education), general pedagogical learning, fundamental learning and situational learning. At least 60 credits, focused on foundations of education, should be at Level 7, in order to justify the awarding of a degree in Education.
The remaining 10% [at most 48C] may be used flexibly, depending on the needs of individual students. For example: To strengthen the teaching specialisation, specifically in the case of complex subjects with many underpinning disciplines; in cases where students take subjects underpinned by a single discipline and have space in their curriculum to do so, in order to enable some learning in the discipline at a higher level (NQF 8); or to enable students who require additional credits for fundamental learning to enhance their success in studying at tertiary level.
A maximum of 72 credits, pegged at Level 5, may be allocated to fundamental learning. These credits cannot be advanced towards the awarding of the qualification through recognition of prior learning, and if they are not used for fundamental learning, they must be used elsewhere in the learning programme. A student who enters the programme with fundamental learning competence in a specific area, for example ICT competence or multi-lingual competence, should not be required to include all these fundamental learning credits in their programme. In such cases, credits must be utilised in other areas of their learning programme at any level, even at Level 8 if appropriate, so as to ensure a high quality learning programme and develop excellence in teaching.
School-based WIL, including supervised and assessed teaching practice, constitutes an essential part of the BEd programme. In a full-time contact programme, student teachers should spend a minimum of 20 weeks and a maximum of 32 weeks in formally supervised and assessed school-based practices over the four-year duration of the degree. In any given year, a maximum of 12 such weeks could be spent in schools, and at least three ofthese should be consecutive. In part-time or distance mode programmes, students may be physically in schools for longer periods for example, if they are employed as unqualified or under-qualified teachers. However, the same amount of supervised and assessed school-based practice is required.
Foundation Phase programmes must prepare students to teach from Grade R to Grade 3.
The knowledge mix for FP teaching must include disciplinary, pedagogical and practical learning, to enable teachers to work competently with Grade R learners. Grade R prepares young children for formal learning. The focus of this grade is on learning through play, developing physical coordination; as well as developing spoken language competence and fundamental ideas that will form a basis for the future development of number sense and literacy.
In addition, FP teachers must be capable of teaching all three subjects (Literacy, Numeracy and Life Skills) in Grades 1 to 3, drawing from a broad range of general knowledge, which will support and enable them to implement the national school curriculum. They need extensive and specialised knowledge of early childhood learning to teach reading, writing and numeracy and to develop the key initial concepts and skills that lay the foundation for learning in future phases.
Foundation Phase teachers must be skilled in identifying and addressing barriers to learning in the early years of schooling, as well as in curriculum differentiation for multiple learning levels within a grade.
7 Note that this implies that, if a teacher selects Afrikaans as First Language, and English as a First Additional Language, then the said teacher must also study an additional language, other than English or Afrikaans, in order to meet the language requirements relating to conversational competence, described under Fundamental Learning in Section 3 ofthis policy. If a teacher selects English as a First Language and English as a First Additional Language the teacher must study another official language (first or additional) and must also be competent to use an African Language for conversational purposes. If an institution wishes to set specific language requirements, this is acceptable, as long as these meet the minimum requirements set out in this policy.
The IP and the first year of the SP are often taught in one and the same school. Therefore, the learning programme leading to a BEd (Intermediate Phase Teaching) must prepare IP teachers to teach from Grades 4 to 7.
For an IP specialisation, a knowledge mix, supporting specialist teaching of at least four subjects, selected from across the three domains indicated in the IP section of the table in Appendix D, is required. All IP teachers must specialise to teach languages (comprising First Language teaching in one of the official languages and First Additional English Language teaching7) together with at least two other subjects chosen from Intermediate Phase Mathematics, Science and Technology, Life Skills and Social Sciences. The basis for specialising to teach each IP subject must include disciplinary, pedagogical and practical learning of at least 30C at NQF Level6 and lSC at Level 7.
All IP teachers must have a sufficiently broad background knowledge to understand the requirements ofall subjects in the IP curriculum.
All IP teachers must develop a personal understanding of the fundamental mathematical concepts that underpin the IP Mathematics curriculum up to at least NQF Level 5. The 48 flexible credits should be utilised for these purposes.
All IP teachers must be skilled in identifying and addressing barriers to learning within their specialisation(s), as well as in curriculum differentiation for multiple learning levels within a grade.
Intermediate Phase teachers will also be required to teach Grade 7. Economics and Management Sciences (EMS) is introduced in Grade 7 as a specific subject. IP teaching qualifications may include a basic study of EMS teaching. Teachers who are subsequently employed to teach EMS in Grade 7, could do an Advanced Certificate in Senior Phase EMS teaching, so as to enable them to gain competence in this area.
A combined SP and FET programme is appropriate for teaching in secondary schools. The knowledge mix for this phase combination must support teaching in at least three specialisations: Two SP subjects and one FET subject; or one SP subject and two FET subjects8, or one SP subject, one FET subject and one support role.
8 Note that the SP subject should be the same as the FET subject or the FET subject should be one of the subjects underpinning the SP subject. This will ensure that sufficient credits are available for disciplinary content, as well as specialised pedagogical content and practical learning.
Senior Phase and FET Teaching constitute a combined phase specialisation and therefore, out of the three required specialisations, at least one SP subject and at least one FET subject, as indicated in Appendix D, are required.
The basis for specialising to teach each SP subject, FET subject or fulfil a support role, must include disciplinary, pedagogical and practical learning to include at least 40C at NQF Level6 and 20C at Level 7.
In complex SP subjects, the specialisation must involve the study of a range of disciplines up to the appropriate level. For example, in the case of Natural Sciences, it must include selections from Physics, Chemistry, Physical Geography, Astronomy and Life Sciences. In such cases, the 48 flexible credits should be utilised in addition to the 240C for the teaching of a specialisation, to ensure depth and breadth of subject matter knowledge.
All SP and FET teachers must be skilled in identifying and addressing barriers to learning within their specialisations, as well as in curriculum differentiation for multiple learning levels within a grade.
Progression Completion of a BEd meets the minimum entry requirements to a 120C NQF Level 7 Advanced Diploma in Education, or vertically, for admission into a cognate 120C NQF Level 8 BEd Honours degree, or a cognate Postgraduate Diploma in Education Programmes.
A qualification may not be awarded as an early exit from a BEd.
This qualification accredits a professional teaching programme that "caps" an undergraduate degree or an approved diploma. (See Appendix E for notes on approved diplomas.) It offers entry-level initial professional preparation for graduates and diplomates who wish to develop focused knowledge and skills as classroom teachers in a chosen phase(s) and/or subject(s). For this purpose, the qualification requires a specific depth and specialisation of knowledge, together with practical skills and workplace experience to enable successful students to apply their learning as beginner teachers in schools in varying contexts.
NQF Exit Level: 7.
Minimum total credits: 120.
Minimum credits at Level 7: 120.
9 Senior Phase Teaching is not an approved stand-alone qualifier, since most SP teachers are also required to teach FET subjects.
The minimum admission requirement is an appropriate diploma or Bachelors degree. An appropriate diploma or degree includes sufficient disciplinary learning in appropriate academic fields to enable the development of teaching specialisation phases or/and subjects as specified for each school phase.
For further details refer to Appendices E and F.
In relation to disciplinary learning, 32C must be allocated to the study of education and its foundations.
If a student did not cover sufficient disciplinary subject matter in such a student's prior degree or diploma, the student must be required to study and complete additional subject-oriented modules (they may do this concurrently to a maximum of 32C), before the qualification may be awarded.
At least 48C must be allocated to pedagogical learning, 40C to specialised pedagogical learning and 8C to general pedagogical learning.
A total of 32C must be allocated to practical learning. Of these, 24 credits must be allocated to school-based WIL, including supervised and assessed teaching practice. The remainder (8C) must be used for other kinds of practical learning activities, including the study of practice.
School-based WIL, including supervised and assessed teaching practice, is an important part of the Advanced Diploma in Teaching programme. In a full-time contact programme, student teachers should spend a minimum of eight weeks and a maximum of 12 weeks in formally supervised and assessed school-based practice during the one-year duration of the diploma. At least four of these weeks should be consecutive. In a part-time or distance mode programme, students may be in schools for longer periods -for example if they are employed as professionally unqualified teachers. However, the same amount of supervised assessed school-based practice is required.
A total of 8C must be allocated to situational learning.
With regard to fundamental learning, students' competence m a second language and in ICT should be assessed at the outset and, if necessary, additional modules should be studied to reach the required levels of competence.
Foundation Phase programmes must prepare students to teach from Grades R to 3.
The knowledge mix for the Advanced Diploma in Foundation Phase Teaching must include pedagogical and practical learning, in order to enable teachers to work competently with Grade R learners. Grade R prepares young children for formal learning. The focus of this grade is on learning through play, developing physical co-ordination; as well as developing spoken language competence and fundamental ideas that will form the basis for the future development of number sense and literacy.
In addition, FP teachers must teach all three subjects (Literacy, Numeracy and Life Skills) in Grades 1 to 3, drawing from a broad range of general knowledge that will support and enable them to implement the national school curriculum. They need extensive and specialised knowledge of early childhood learning to teach reading, writing and numeracy, as well as to develop key initial concepts and skills that lay the foundation for learning in follow-on phases.
Foundation Phase teachers must be skilled in identifYing and addressing barriers to learning in the early years of schooling, as well as in curriculum differentiation for multiple learning levels within a grade.
Providers must ensure that prior qualifications comprise an appropriate knowledge mix that can support quality FP Teaching. (See Appendix F.
All FP teachers must at least specialise in First Language teaching in one of the official languages, together with First Additional English Language teaching 10 It may be necessary for prospective applicants to complete additional modules in appropriate languages, either concurrently or prior to entry into the Advanced Diploma (Foundation Phase Teaching).
10 Refer Footnote 7.
The IP and the first year of the SP are often taught in one and the same school, and therefore the learning programme leading to an Advanced Diploma (Intermediate Phase Teaching) must prepare IP teachers to teach from Grades 4 to 7.
All IP teachers must specialise in First Language teaching in one of the official languages, together with First Additional English Language teaching (refer to footnote 7 on p. 20 for the BEd (Intermediate Phase Teaching)), as well as in the teaching of at least two other IP subjects chosen from IP Mathematics, Science and Technology, Life Skills and Social Sciences.
All IP teachers must have a sufficiently broad background knowledge of the IP school curriculum.
All IP teachers must develop a personal understanding of the fundamental mathematical concepts that underpin the IP Mathematics curriculum.
All IP teachers must be skilled in identifying and addressing barriers to learning within their specialisations, as well as in curriculum differentiation for multiple levels of learning within a grade.
Due to the extensive nature of the specialist requirements to teach at least four IP subjects, providers must ensure that the prior degree, which provides admission to the Advanced Diploma (Intermediate Phase Teaching), comprises an appropriate knowledge mix and sufficient in-depth subject content knowledge that can support quality IP teaching in these subjects. In the event where the prior qualification does not meet these requirements, it will be required of the prospective student to complete additional undergraduate degree courses or modules prior to, or concurrently with the Advanced Diploma (Intermediate Phase Teaching).
Providers may also consider extending the total number of credits of the learning programme leading to an Advanced Diploma (Intermediate Phase Teaching) from the minimum of 120C to 132C, or even to 144C, so as to ensure that all specialist requirements are appropriately covered.
A combined SP and FET programme is appropriate for teaching in secondary schools. The knowledge mix for this phase combination must support at least two teaching specialisations, namely one SP subject and one FET subject. For example, FET Mathematical Literacy and SP Mathematics; FET Physical Science, SP Natural Sciences; or FET Accounting and SP EMS.
Individual students may choose to specialise in additional teaching subjects or support roles, by taking credits in addition to the 120 required for the Advanced Diploma programme.
Approved SP and FET teaching subjects and support roles are described in Appendix D.
The subject disciplinary basis for specialising in teaching an SP or FET subject, or to specialise in a support role, must be included in the prior qualification. (See Appendix F for more details.
In complex SP subjects, subject specialisation must involve the study of a range of disciplines up to the appropriate level. (See Appendix F.) For example, in the case of Natural Sciences, the basis must include selections from Physics, Chemistry, Physical Geography, Astronomy and Life Sciences. In cases where the depth and breadth of disciplinary knowledge are insufficiently developed in the prior qualification, additional subject matter modules must be offered either concurrently or prior to entry into the Advanced Diploma.
Specialisation in FET Teaching is possible in the Advanced Diploma.
The knowledge mix in the prior qualification must support the teaching of at least one FET teaching subject, as indicated in Appendix D.
Where two FET specialisations are studied, the disciplinary basis for specialising in teaching the FET subject, or in the support role, must be included in the prior qualification, as described in Appendix F.
Where only one FET Teaching specialisation is studied, the underpinning disciplinary knowledge, or a component thereof in the prior qualification, must be studied as a major subject in the entry qualification. For example, to specialise in the teaching of Physical Sciences only, the candidate must have completed either a full major at NQF Level 7 in Physics or Chemistry, and completed at least 32C in the other at NQF Level 6 or higher.
Where one teaching specialisation is taken, the 20C still available from the specialist pedagogical learning component must be used for advanced studies or research in the specialisation.
All FET teachers must be skilled in identifying and addressing barriers to learning within their specialisations, as well as in curriculum differentiation for multiple learning levels within a grade.
Progression A completed Advanced Diploma in Teaching may be presented for entry into a cognate Postgraduate Diploma in Education.
Bachelors degree graduates, who have completed an Advanced Diploma in Teaching as an initial professional teaching qualification, may also proceed to a BEd Honours degree.
A qualification may not be awarded for early exit from an Advanced Diploma in Teaching.
As teachers grow in their careers and become more experienced, they are expected to make increasingly greater contributions to the collective expression of their roles in the school, both quantitatively in relation to the range of roles that they contribute to, and qualitatively in relation to the kind of competences they are able to display in relation to the different roles. Formal, qualification-based Continuing Professional Development (CPD) learning programmes should therefore provide teachers with opportunities to strengthen or supplement existing, or develop new specialisations and interests and, in general, improve their capacity to engage with, support and assist other educators, as well as support staff, learners and parents -not only at classroom and school level, but also in the community and in a wider context (Refer to Section 6 for examples ofqualification paths in teacher education.
This section selects and describes qualifications through which educators may advance in their careers, after completing their initial teacher qualifications.
While the term, "continuing professional development", encompasses all developmental activities, programmes and modules, participated in by in-service teachers and other educators with a view to professional growth. The focus of The Minimum Requirements for Teacher Education Qualifications is on formal qualifications in education.
Minimum Requirements for Teacher Education Qualifications, 2011 8.2.
In the next section, the minimum and maximum credit values for learning programmes, leading to CPD qualifications, are described together with the specific purpose of the programme and its unique features. These descriptions will be used by accredited institutions to design their learning programmes and will ensure a minimum level of standardisation across the system.
Purpose In general, an Advanced Certificate is primarily vocationally oriented. The knowledge gained emphasises general principles and their application. The qualification provides teacher education students with a sound knowledge base for teaching a particular subject and/or phase, as well as the ability to apply their knowledge and skills to classroom teaching, while equipping them to undertake more specialised and intensive learning. Programmes leading to this qualification tend to have a strong professional focus and this qualification could be used to prepare teachers to teach a new subject and/or phase, or to strengthen an existing subject and/or phase. Advanced Certificate programmes typically include a simulated work experience or WIL component.
This certificate is selected to address the needs of three groups of teachers.
Teachers who want to specialise in a new teaching subject not studied in a prior professional teaching qualification (retraining).
FP and IP teachers, who have a prior professional teaching qualification but did not specialise in the phase, but who have acquired appropriate background knowledge by teaching the FP or IP and want to strengthen their knowledfe and skills by completing a formal qualification in one of these phases 1 (recognition ofprior learning (RPL) upgrading).
Teachers who want to strengthen their field of specialisation subject and/or phase, studied in an initial three-year diploma in education, offered by former college of education, or a National Professional Diploma in Education at NQF Leve/5) (upgrading).
In terms of this policy, the Advanced Certificate may only be utilised for the retraining or upgrading of teachers who hold prior professional teaching qualifications in a subject and/or phase. It is not available for new roles in education. For example, it cannot be used for Education Management or School Librarianship.
11 Providers must assess prior learning for entry into the qualification in the case ofteachers who do not hold a prior qualification in the phase or subject.
Subject specialisations: For FP only First Language Teaching specialisation required. (Approved teaching specialisations for IP, SP and FET are listed Appendix D.
Minimum admission requirements A recognised professional teaching qualification 1s required for entry into the Advanced Certificate in Teaching.
Teachers may present a professional BEd or an Advanced Diploma in Education (or an former PGCE or a Higher Diploma Postgraduate) for admission into the Advanced Certificate in Teaching. Teachers in possession of a three-year Diploma in Education, a Teachers Diploma or a completed National Professional Diploma in Education (Level 5), may also be admitted to the Advanced Certificate in Teaching.
Knowledge mix The knowledge mix for an Advanced Certificate in Teaching must focus on the teaching specialisation.
A maximum of 16C may be allocated for the study of education and its foundations, as well as gene:ral pedagogical learning and situational learning.
A minimum of 96C, covering specialised disciplinary, pedagogical learning and practical learning, are required.
A minimum of 8C must be allocated to WIL.
Fundamental learning credits are not a requirement. However, all teachers are expected to be ICT competent. Teachers who enter into the programme without ICT competence should be required to take an additional 12C at Level 5, so as to develop this competence.
Foundation Phase teachers must be competent to teach from Grades R to 3.
Minimum Requirements for Teacher Education Qualifications, 2011 work competently with GradeR learners. GradeR prepares young children for formal learning. The focus ofthis grade is on learning through play, developing physical co-ordination; as well as developing spoken language competence and fundamental ideas that will form the basis for the future development of number sense and literacy.
In addition, FP teachers must teach all three subjects (Literacy, Numeracy and Life Skills), drawing from a broad range of general knowledge that will support and enable them to implement the national school curriculum. They need extensive and specialised knowledge of early childhood learning to teach reading, writing and numeracy, as well as to develop key initial concepts and skills that lay the foundation for learning in future phases. They must also be skilled in the early identification of barriers to learning and be knowledgeable and skilled in addressing these, as well as in curriculum differentiation for multiple learning levels within a grade.
All FP teachers must at least specialise in First Language teaching in one of the official languages, together with First Additional English Language teaching.
The IP and the first year of the SP are often taught in one and the same school, and therefore the learning programme, leading to an Advanced Certificate (IP Teaching), must prepare IP teachers to teach from Grades 4 to 7.
For an IP specialisation in the Advanced Certificate, a knowledge mix to support specialist teaching of a maximum of three IP subjects is possible. One of these must be English First Additional Language teaching. (See Appendix D for a list ofiP Teaching subjects.
All IP teachers must have a sufficiently broad background knowledge of the IP school curriculum requirements.
The 96C allocated to specialist disciplinary, pedagogical and practical learning must all be focused on the development of competence to teach one SP teaching subject.
Approved SP teaching subjects are described in Appendix D.
In complex SP subjects, the subject specialisation must involve the study of a range of disciplines at Level6. For example, in the case of Natural Sciences, the basis must include selections from Physics, Chemistry, Physical Geography, Astronomy and Life Sciences. A maximum of 24 additional credits at Level 5 credits, focused on in disciplinary subject matter, may be added to the minimum 120C allocated to the Advanced Certificate, ifrequired.
All SP teachers must be skilled in identifying and addressing barriers to learning within their specialisation, as well as in curriculum differentiation for multiple learning levels within a grade.
The 96C allocated to specialist disciplinary, pedagogical and practical learning, must all be focused on the development of competence to teach one FET Teaching subject.
Approved FET Teaching subjects are described in Appendix D.
In complex FET subjects, for example Physical Sciences or Life Sciences, the subject specialisation must involve the study ofa range of disciplines at Level 6. A maximum of 24 additional credits at Level 5 credits, focused on in disciplinary subject matter, may be added to the minimum 120C allocated to the Advanced Certificate, if required.
All FET teachers must be skilled in identifying and addressing barriers to learning within their specialisation(s), as well as in curriculum differentiation for multiple learning levels within a grade.
Progression There is no direct progression route into an Advanced Diploma in Education from the Advanced Certificate in Teaching. However, candidates who do hold a prior BEd, an Advanced Diploma in Teaching, a former Postgraduate Certificate in Education or a former Postgraduate Higher Diploma in Education, may progress to a cognate Advanced Diploma in the area of specialisation studied in the Advanced Certificate.
Teachers entering with a three-year Diploma in Education, a Teachers Diploma or a completed National Professional Diploma in Education (Level 5) could, on completion of an Advanced Certificate in Teaching, gain access to an Advanced Diploma in Education (as an interim measure for a period to be determined by the Minister of Higher Education and Training in consultation with the CHE) or to a cognate BEd. Accumulated credits may also be presented for admission into a cognate BEd programme. (Refer to the articulation table in Section 15.
A qualification may not be awarded for early exit from an Advanced Certificate in an Education programme.
The Advanced Diploma in Education is used as a CPD qualification to further strengthen and enhance an existing specialisation in a subject, or to develop a new role or practice to support teaching and learning in a school or in education more broadly. The qualification offers intellectual enrichment or intensive, focused and applied specialisation, which meets the requirements of a specific niche in education for example in the case of new roles, such as inclusive education, schoollibrarianship, school leadership and management, deaf education, etc.; as well as in teaching subjects. Programmes leading to this qualification will provide an Advanced Diploma graduate with a deep and systemic understanding of current thinking, practice, theory and methodology in the area ofspecialisation.
Qualifiers: Maximum oftwo First qualifier: Education Second qualifier: There will be a wide variety of second qualifiers, which will indicate the area of specialisation. Acceptable qualifiers are indicated in the Classification ofEducation Subject Matter (CESM) catalogue.
Minimum admission requirements A four-year BEd, or a general first degree or diploma, plus an Advanced Diploma in Teaching, or a former PGCE or Higher Diploma in Education (Postgraduate) (HDE PG) may be presented for admission.
A former Advanced Certificate in Education (Level 6 on the former 8-level NQF), a former college Higher Diploma in Education or Further Diploma in Education may also be presented for admission into an Advanced Diploma in Education.
In addition, as an interim measure, for a period to be determined by the Minister of Higher Education and Training in consultation with the CHE, an Advanced Certificate in Teaching may also be presented for admission into an Advanced Diploma in Education.
Further specialisation in a teaching subject, offered through an Advanced Diploma in Education at Level 7, requires cognate studies in that subject at Level 6 in the entry qualification.
Knowledge mix All 120 credits may be flexibly allocated at NQF Level 7, in accordance with to the purpose of the qualification. All credits should be focused on the development of the specialisation. Fundamental learning credits will not be applicable. However, all teachers are expected to be ICT competent. Teachers who enter into the programme without ICT competence should be required to take an additional 12C at Level 5 to develop this competence.
Progression Professionally qualified teachers who are not in possession of a first Bachelors degree may present a completed Advanced Diploma in Education for entry into an NQF Level 7 BEd programme, or into any other appropriate Level 7 Bachelors degree, or for entry into a cognate Postgraduate Diploma in Education at Level 8.
Bachelor degree graduates, who have completed an Advanced Diploma in Education, may proceed to a BEd Honours degree, or an Honours degree in another cognate field or to a cognate Postgraduate Diploma in Education.
A qualification may not be awarded for early exit from an Advanced Diploma in Education.
Purpose A Postgraduate Diploma in Education (PG Dip (Ed)) serves to strengthen and deepen an educator's knowledge in a particular field of education. The primary purpose of the PG Dip (Ed) is to enable working professional educators to involve themselves in advanced reflection and development by means of a systematic survey of current thinking, practice and research methods in an area of specialisation in their profession, or in a sub-field of education.
The PG Dip (Ed) demands a high level of theoretical engagement and intellectual independence. A sustained research project is not required, but the qualification may include conducting and reporting on research under supervision. A Postgraduate Diploma in Education in an appropriate field of specialisation would prepare an educator for an advanced leadership position in that field.
NQF Exit Level: 8.
Minimum credits at Level 8: 120.
Qualifiers: Maximum of two First Qualifier: Education Second qualifier: There will be a wide variety of second qualifiers that will indicate the area of specialisation. Acceptable qualifiers are indicated in the CESM catalogue.
Minimum admission requirements The minimum admission requirement for the Postgraduate Diploma in Education is an approved and recognised four-year BEd, or a three-year general Bachelors Degree, capped by an Advanced Diploma in Teaching (or an equivalent), or a 120 credit Level 7 Advanced Diploma in Education in a cognate specialisation.
Knowledge mix All 120 credits may be flexibly allocated at NQF Level 8, in accordance with the purpose ofthe qualification.
Progression Completion of a Postgraduate Diploma in Education may be recognised as meeting the minimum entry requirements for a cognate 180 credit Level 9 Master ofEducation degree. Holders of Postgraduate Diplomas may be required to undertake additional modules, as and when necessary, to meet the HEQF research requirements of at least 30 credits, in order to obtain admission to a Master of Education degree.
There is no early exit qualification from a Postgraduate Diploma in Education.
Minimum Requirements for Teacher Education Qualifications, 2011 8.2.4.
The Bachelor of Education Honours is the first postgraduate degree in education. It is intended to prepare students for research-based postgraduate studies in a particular field of education. It serves to consolidate and deepen a student's knowledge of the field and to develop research capacity in the methodology and techniques of that field.
This qualification demands a high level of theoretical engagement and intellectual independence.
The BEd Honours degree should include conducting and reporting on research under supervision, worth at least 30 credits.
There will be a wide variety of qualifiers that will indicate the area of specialisation. Acceptable qualifiers are indicated in the CESM catalogue.
The minimum admission requirements for the BEd Honours degree, is a four-year professional teaching degree OR an appropriate Bachelors degree and a recognised professional teaching qualification.
The knowledge mix is discretionary and dependent on the focus of the specialisation, with the proviso that it includes a research component to which a minimum of 30 credits at Level 8 have been allocated.
180 credit NQF Level 9 Master of Education degree.
Purpose The primary purpose of a Master of Education degree is to prepare researchers who could contribute to the development of knowledge in the field of Education, including knowledge about professional practice at an advanced level.
successfully completing a course-work programme, requiring a high level of theoretical engagement and intellectual independence, and by completing and reporting on a research project, culminating in the acceptance of a dissertation, carrying a minimum of60 credits at Level9.
Master of Education degree students should be able to deal with complex issues in education -both systematically and creatively. They should make sound judgements, using the data and information at their disposal, and be able to clearly communicate their conclusions to specialist and non-specialist audiences; demonstrate self-direction and originality in analysing and solving problems; act autonomously in planning and implementing tasks at a professional level; and continue to advance their knowledge, understanding and skills.
Qualification type specifications NQF Exit Level: 9.
Minimum total credits: 180.
Minimum credits at Level 9: 120.
Qualifiers: Maximum of one There will be a wide variety of qualifiers that will indicate the area of specialisation. Acceptable qualifiers are indicated in the CESM catalogue.
Example: Master of Education in Comparative Education.
Minimum admission requirements The minimum entry requirement to a Master of Education degree is a BEd Honours degree, an appropriate 480 credit Level 8 professional Bachelors degree (for example a Bachelor of Psychology degree), or a relevant Honours degree. A Postgraduate Diploma may also be recognised as meeting the minimum entry requirement for a cognate Master of Education degree programme, as long as it meets the HEQF research requirement of at least 30 credits.
The knowledge mix is discretionary and dependent on the focus of the specialisation, with the proviso that it includes a research thesis or dissertation to which a minimum of 60 credits at Level 9 have been allocated.
Completion of a Master of Education degree meets the minimum entry requirement for a Doctor of Education degree.
A qualification may not be awarded for early exit from a Master of Education degree.
The defining characteristic of a doctoral degree in the field of Education is that it requires the candidate to demonstrate high-level research competence, and to make a significant and original academic contribution at the frontiers ofeducation or in a sub field thereof. The research, which may be pure discipline-based, or multi-disciplinary, or applied research, must be undertaken at the most advanced academic level, culminating in the production, defence and acceptance of a thesis. Course work may be conducted as a preparation for, or in support of the research, but may not contribute towards the credit value of the degree.
The quality of the research should satisfy peer reviews and merit the publication thereof. The graduate should also be able to supervise the research of others in his/her area of specialisation.
NQF Exit Level: 10.
Minimum total credits: 360.
Minimum credits at Level 10: 360.
The minimum admission requirement for a doctoral degree in the field of Education is a Master of Education degree or another appropriate Master's degree.
The knowledge mix is discretionary and dependent on the focus of the specialisation, with the proviso that it culminates in the production, defence and acceptance of a thesis to which the full 360 credits have been allocated at Level 10.
A qualification may not be awarded for early exit from a Doctor of Education degree.
This section presents qualifications for Grade R teachers in the formal schooling system. Grade R teaching qualifications are treated separately from teaching qualifications for initial and CPD teaching, as they have a specialised purpose.
Grade R is the first year of the FP in the formal schooling system. In this grade, young children (4-5 years of age) are prepared for formal schooling. The focus of this grade is on learning through play, developing physical coordination, as well as developing spoken language competence and fundamental ideas that will form a basis for the further development of number sense and literacy.
Grade R Teaching qualifications must be designed cognately with the FP BEd, so as to provide for maximum credit transfers when Grade R teachers continue their studies to become fully qualified FP teachers.
All new entrants intending to become FP teachers (qualified to teach from Grades R to 3), should register for a BEd (FP), rather than for the Grade R Teaching Diploma, provided they meet the requirements for entry into the BEd.
The description of the qualification and unique features of the learning programme for the Diploma in Grade R Teaching is presented in more detail below. The features of the Bachelor of Education in Foundation Phase Teaching was already described in Section 7.2.1 ofthis policy.
Minimum Requirements for Teacher Education Qualifications, 2011 9.2.1.
Purpose The Diploma in Grade R Teaching is the minimum qualification for Grade R teachers. The purpose of the Diploma in Grade R Teaching is to develop teachers who can demonstrate general principles, as well as focused knowledge and skills appropriate for Grade R teaching. The qualification requires a depth of specialisation of knowledge, together with practical skills and experience in a Grade R classroom teaching context. As part of the qualification, students are expected to gain experience in applying such knowledge and skills in the context of working with Grade R learners in a school.
Qualification type specifications NQF Exit Level: 6. Minimum total credits: 360. Minimum total credits at Level 7: 60. Maximum total credits at Level 5: 120.
Minimum admission requirements The minimum entry requirement is a matriculation certificate with a diploma entry endorsement or equivalent. A Level 4 or Level 5 Certificate or Diploma in ECD may also be presented for admission and assessment pertaining to advanced credit standing.
At least 50% [ 180C] of the credits must be focused on developing the Grade R specialisation. (Including relevant disciplinary, pedagogical and practical learning.) At least 48 of these credits should be at Level 5, 96C at Level 6 and 30C at Level 7.
At least 40% [144C] of the credits must be spread across educationally focused disciplinary learning (foundations of education), general pedagogical learning, fundamental learning and situational learning. At least 30 credits, focused on foundations of education, should be at Level 7.
The remaining 10% [at most 36C] may be used flexibly, depending on the interests and needs of individual students, for laying the basis for teaching one ofthe subjects in the FP or for developing a deeper understanding of ECD in the years prior to Grade R.
Fundamental learning credits must be pegged at Level 5 and cover a maximum of 72C. A student who enters the programme with competence in specific areas, for example ICT competence, or multi-lingual competence, should not be required to include all these credits in their programme. In such cases, credits must be utilised in other areas of their learning programme at appropriate levels, so as to ensure a high quality learning programme and developing excellence in teaching Grade R, for laying the basis for teaching in the FP or developing a deeper understanding of ECD in the years prior to Grade R. These credits cannot be advanced towards the award of the qualification by recognition of prior learning.
School-based WIL, including supervised and assessed teaching practice, is an important part of the diploma programme. In a full-time contact programme, student teachers should spend a minimum of 12 weeks and a maximum of 18 weeks in formally supervised and assessed school-based practice over the three-year duration of the diploma. In any given year, a maximum of eight such weeks should be spent in schools, and at least three of these should be consecutive. In a part-time or distance mode, students may be physically in schools for longer periods -for example if they are employed as unqualified or under-qualified teachers. However, the same amount ofsupervised and assessed school-based practice is required.
Grade R teachers must be knowledgeable about, and skilled in the early identification of barriers to learning, as well as in curriculum differentiation and adaptation for multiple learning needs.
All Grade R teachers must at least specialise in First Language teaching in one of the official languages, together with First Additional English Language teaching12 The focus should be on emerging literacy.
Progression A qualification may not be awarded for an early exit from the diploma programme. The diploma may be presented for admission into a BEd (FP) programme.
Minimum Requirements for Teacher Education Qualifications, 2011 towards the BEd, on condition of formal assessment ofprior learning, or through CAT (recognition ofcognate modules completed in the diploma).
Grade R practitioners can gain fully qualified FP teacher status through the completion of the BEd (FP) degree.
(Based on the 8-level NQF) Bachelor of Education (480C at Level 7).
Unqualified practising teachers, holding a access requirements, may gain access by Level 4 school leaving qualification or successfully completing a cognate access equivalent.
programme at the Higher Certificate13 level, designed to enable entry into degree studies.
Grade R teachers, holding a Level 4 ECD qualification, who do not meet entry qualification.
requirements into the Diploma, could gain access by completing a cognate access programme at Higher Certificate level.) Diploma in Grade R Teaching (360C at Level6).
Grade R teachers, holding a Level 5 ECD Bachelor of Education (Foundation Phase) Certificate or Diploma.
(480C at Level 7), if entry requirements are met.
Bachelor of Education (480C at Level 7).
(Note: Under-qualified teachers, who do not Education Qualification Value (REQV) 11 or meet the access requirements, may gain 12 (holding, for example, the old Primary access by successfully completing a cognate Teacher's Certificate).
access programme at Higher Certificate level, designed to enable entry into degree studies.) Advanced Diploma in Teaching (120C at Level 7).
Professionally unqualified graduate teachers, Note: If the underpinning subjects in theholding a degree or a 360C Level 6 Diploma prior degree do not provide sufficient subject in disciplines/subjects that underpin a matter knowledge, additional modules must teaching subject.
· concurrently.) Bachelor of Education (480C at Level 7).
Professionally qualified teachers, holding a learning to gain midway entry into BEd former three-year College of Education ! programmes. A maximum of 180 credits Diploma or a National Professional Diploma could be recognised.) in Education (NPDE) 360C at Level 5.
Advanced Certificate in Teaching (refer to ! Section 8.2.1 and to Section JI).
Level 7 if in a cognate area or extended NQF Level 6, a former undergraduate role. Higher Diploma in Education or a former Further Diploma in Education.
13 Such access programmes are not described in this policy as they are not teaching qualifications.
(Based on the 8-level NQF) Advanced Certificate in Teaching (120C at Level 6) if in a new teaching specialisation that is not in the original qualification.
Bachelor of Education (480C Level 7) (Teachers may apply for assessment of prior learning to gain midway entry into BEd programmes, cognate with the original specialisation.
In exceptional cases, institutions may use their discretion to admit teachers into a cognate Postgraduate Diploma in Education (120C at Level 8), provided that the prior qualification 14 is evaluated as meeting Level 7 exit level outcomes. Advanced Certificate in Teaching (120C at Level 6) if in a new teaching specialisation that is not in the original qualification.
Advanced Diploma in Education 120C at year professional teaching degree e.g.
Level 7-if in an extended role.
Level 8) if further advanced professional University Education Diploma (UED).
learning in an area cognate with the original specialisation.
I (120C at Level 8).
Qualified teachers, holding a fonner Bachelor Master of Education (I SOC at Level 9).
former Level 7), or an equivalent (e.g., a available qualifications below Master's pre-2000 BEd degree). degree level.
Doctoral degree studies (360C at Level I 0). Qualified teachers, holding a former Master (Note: These teachers also have access to all of Education degree (fonner Level 8)..
I degree level.
14 This may be a former ACE that is evaluated at HEQF Level 7 or, in a case where the teacher has a range of prior qualifications, which together constitute Level 7 competence for example holders of a four-year Higher Diploma in Education (HOE) , together with a cognate Advanced Certificate in Education.
Minimum Requirements for Teacher Education Qualifications, 2011 11.
The qualifications described in this policy are based on a philosophy and principles that are different to previous teacher education qualifications designed in terms of the NSE 2000. With the exception of master's and doctoral degrees, all institutions will be required to develop new qualifications that are in line with this policy. This policy does not constitute a mere technical change or some minor changes to the curriculum.
The last date for entry for students into qualification types on the former 8-level NQF, will be July 2014.
In addition, access into the Advanced Diploma (Level 7) from the Advanced Certificate (Level 6), will be permitted for an interim period to be determined by the Minister of Higher Education and Training. This will allow teachers who have historic Level 5 qualifications (e.g. NPDE or an equivalent) to complete an Advanced Certificate in teaching and to gain access into an appropriate Advanced Diploma in Education. It will also allow teachers who have an historic Level 6 certificate or diploma (e.g. ACE), to gain entry into new qualifications.
Programmes leading to a specific qualification in teacher education should be designed in accordance with the guidelines set out above in this policy document, and must comply with the minimum requirements of the policy. Learning programmes must also comply with all the accreditation criteria and requirements of the HEQC of the CHE.
Teacher education qualification programmes, offered by public universities, must comply with this policy to be approved by the DHET for inclusion in a particular institution's PQM, as well as for recommendation for submission to the CHEIHEQC for accreditation.
Teacher education qualification programmes to be offered by private higher education institutions must comply with this policy to be approved by the DHET, as part of the requirements to be met for the institution to be registered with DHET, as an accredited provider of the programmes.
The CHE/HEQC will apply this policy to evaluate and accredit teacher education qualifications and programmes.
Only approved qualifications and programmes in teacher education, offered by accredited and registered higher education institutions and which are compliant with this policy, will be recognised for employment in public education, as well as for REQV purposes in accordance with the policy document, Evaluation and Recognition of Teacher Education Qualifications for Employment in Basic Education (Revised Edition, to be published in 2012).
The application form for public institutions, to obtain approval for new qualifications and programmes in the PQM for funding purposes, may be obtained from DHET. The form may be adjusted from time to time. Application forms for private higher education institutions to register a new accredited programme, may be obtained from DHET.
Knowledge mix The institution must provide details of the number of credits at different levels allocated to the different types of learning throughout the programme.
The grid is only intended as a useful aid for purposes of summarising credits in the design of specific qualification programmes. It is not intended to be used in an atomistic fashion. Individual modules must be described so as to explicitly demonstrate the integration of different types of learning and their contribution to the specified purpose of the programme leading to the qualification as a whole.
CJ Provide a table with module names and descriptors and indicate the credit weighting and level of each module.
CJ Include a brief description of the contents of the individual modules and indicate the progression through modules, in order to illustrate the development of specialisations.
CJ Where appropriate, demonstrate how the modules comply with the required knowledge mix related to a particular programme.
CJ In cases where there is no prescribed knowledge mix, illustrate the knowledge mix that is being utilised to design the programme.
CHE 2010. National Review of Teacher Education Qualifications. Pretoria: Higher Education Quality Committee.
DoE 2000a. Norms and Standards for Educators. February. Pretoria: Department of Education.
DoE 2000b. Criteria for the Recognition and Evaluation of Qualifications for Employment in Education, based on the Norms and Standards for Educators.
September. Pretoria: Department of Education.
DoE 2007a. The Higher Education Qualifications Framework. October. Pretoria: Department of Education.
DoE 2007b. National Policy Framework for Teacher Education and Development. April. Pretoria: Department of Education.
These roles should be understood as everyday functions of the collective of all educators at a school. They seldom have to be carried out altogether, in all their detail, or all of the time, by individual educators. However, individual teachers will carry out the roles appropriate to their specific position in the school. All classroom teachers will develop in the seven roles as appropriate to their practice. See Appendix C for the minimum set of competences required of newly qualified teachers.
The educator will be well grounded in the knowledge, skills, values, principles, methods and procedures relevant to the phase, subject, discipline or practice. The educator will know about different approaches to teaching and learning (and, where appropriate, research and management), and how these may be used in ways which are appropriate for the learners and the context. The educator will have a well developed understanding of the knowledge appropriate to the specialisation.
The educator will mediate learning in a manner which is sensitive to the diverse needs of learners, including those with barriers to learning; construct learning environments that are appropriately contextualised and inspirational; and communicate effectively, showing recognition of, and respect for the differences in others. In addition, an educator will demonstrate sound knowledge of subject content and various principles, strategies and resources appropriate to teaching in a South African context.
The educator will understand and interpret provided learning programmes , design original learning programmes; identify the requirements for a specific context of learning; and select and prepare suitable textual and visual resources for learning. The educator will also select sequence and pace of the learning in a manner sensitive to the differing needs of both the subject and the learners.
The educator will make decisions appropriate to the level; manage learning in the classroom; carry out classroom administrative duties efficiently; and participate in school decision-making structures. These competences will be performed in ways which are democratic; which support learners and colleagues; and which demonstrate responsiveness to changing circumstances and needs.
The educator will achieve ongoing personal, academic, occupational and professional growth, through pursuing reflective study and research in their field, in broader professional and educational matters, and in other related fields.
The educator will understand that assessment is an essential feature of the teaching and learning process and know how to integrate it into this process. The educator will have an understanding of the purposes, methods and effects of assessment and be able to provide helpful feedback to learners. The educator will design and manage both formative and summative assessments in ways that are appropriate to the level and purpose of the learning and meet the requirements of accrediting bodies. The educator will keep detailed and diagnostic records of assessment. The educator will understand how to interpret and use assessment results to feed into processes for the improvement of learning programmes.
The educator will practise and promote a critical, committed and ethical attitude towards developing a sense of respect and responsibility towards others. The educator will uphold the Constitution and promote democratic values and practices in schools and society. Within the school, the educator will demonstrate an ability to develop a supportive and empowering environment for the learner, and respond to the educational and other needs of learners and fellow-educators. Furthermore, the educator will develop supportive relations with parents and other key persons and organisations, based on a critical understanding of community and environmental development issues. One critical dimension of this role is HIV IAIDS education.
The lists contained in this table are taken from the descriptions of programmes at the different levels in the HEQF. They will assist designers of programmes to ensure that these are fit for their purpose, and identify the correct level for different aspects of their programme in conjunction with the SAQA level descriptors for the 10-level NQF.
I. Serves as an entry level to higher education studies. 2. Basic introductory knowledge. 3. Provides cognitive and conceptual tools and techniques for further higher education studies. 4. Emphasis is on general principles and application. 5. Provides for a basic level of higher education knowledge and competence in a particular field or occupation. I. General principles and application or technology transfer. 2. Sound knowledge base in a particular field or discipline. 3. An ability to apply knowledge and skills to particular career or professional contexts. 5. An ability to undertake more specialised and intensive learning. 6. Simulated work experience or workplace-integrated learning forms part of the learning programme. 7. Primarily vocational I. Provides intellectual enrichment. 2. Enhances flexibility in changing circumstances. 3. Intensive, focused and applied specialisation required for a specific niche in the labour market. 4. Provides for a deep and systematic understanding of current thinking, practice, theory and methodology in an area of specialisation 5. Well-rounded, broad education, which provides a knowledge-base, 1. Prepares students for research-based postgraduate studies. 2. Consolidates and deepens expertise in a particular discipline. 3. Develops research capacity in the methodology and techniques of a discipline. 4. Demands a high level of theoretical engagement and intellectual independence. 5. Advanced reflection and development by means of a systematic survey of current thinking, practice and research methods in I. Contributes to the development of knowledge at an advanced level. 2. Prepares students for advanced and specialised professional employment. 3. Involves a high level of theoretical engagement and intellectual independence. 4. Dealing with complex issues, both systematically and creatively, making sound judgments, using data and information. 5. Communicate 1. Undertakes research at the most advanced academic level, leading to the acceptance of a thesis. 2. Demonstrates highlevel research capability. 3. Makes a significant and original academic contribution at the frontiers of a discipline or field. 4. Work must satisfY peer reviews and merit publication. 5.
Minimum Requirements for Teacher Education Qualifications, 2011 51 6. Application of basic or industry orientated. theory and an area of research outcomes in the area of knowledge and methodology of a specialisation. clearly to specialists specialisation.
competence in an discipline. and non-specialists in occupation or role 6. Conducts and reports the area of in the workplace. 6. Demonstrates on research under specialisation or initiative and supervision. discipline.
Includes some responsibility in an degree of work academic and 6. Demonstrates self experience or work professional context. directed; and integrated learning.
Principles and problem-solving.
Primarily theories are vocational or emphasised as a 7. Acts autonomously in industry orientated.
postgraduate studies or professional 8. Continues to advance practice in a wide knowledge, range of careers. understanding and skills.
Prepares for a change in career paths.
Provides for continuing professional development.
Newly qualified teachers must have a sound subject knowledge.
Newly qualified teachers must know how to teach their subject(s) and how to select, determine the sequence and pace content in accordance with both subject and learner needs.
Newly qualified teachers must know who their learners are and how they learn; they must understand their individual needs and tailor their teaching accordingly.
Newly qualified teachers must know how to communicate effectively m general, as well as in relation to their subject(s), in order to mediate learning.
Newly qualified teachers must have highly developed literacy, numeracy and Information Technology (IT) skills.
Newly qualified teachers must be knowledgeable about the school curriculum and be able to unpack its specialised content, as well as being able to use available resources appropriately, so as to plan and design suitable learning programmes.
Newly qualified teachers must understand diversity in the South African context in order to teach in a manner that includes all learners. They must also be able to identify learning or social problems and work in partnership with professional service providers to address these.
Newly qualified teachers must be able to manage classrooms effectively across diverse contexts in order to ensure a conducive learning environment.
Newly qualified teachers must be able to assess learners in reliable and varied ways, as well as being able to use the results of assessment to improve teaching and learning.
I0. Newly qualified teachers must have a positive work ethic, display appropriate values and conduct themselves in a manner that befits, enhances and develops the teaching profession.
I I. Newly qualified teachers must be able to reflect critically, in theoretically informed ways and in conjunction with their professional community of colleagues on their own practice in order to constantly improve it and adapt it to evolving circumstances.
Integrated focus on Literacy, Numeracy and Life Skills.
Orientation; Mathematics, Sciences.
Music; Literacy; Tourism.
Visual Arts.
Technology; ICT Support.
Note: The list of approved Teaching Specialisations will be subject to change from time to time, in line with any policy shifts in the school curriculum as implemented by the Department of Basic Education.
Home Language Teaching: This refers to the mother-tongue or language of choice. The cognitive level of the home language should be such that it may be used as a language of learning and teaching. Although listening and speaking skills are important, the emphasis is on developing high level reading and writing skills.
First Additional Language Teaching: Learning a first additional language promotes multilingualism and intercultural communication. First Additional Languages provide levels of language proficiency that meet the threshold levels necessary for effective learning across the curriculum. Learners may learn through the medium of their First Additional Language in the South African context. This includes the abstract cognitive academic language skills required for thinking and learning. There shall be an equal emphasis on the skills oflistening, speaking, reading and writing.
Second Additional Language Teaching: Learning a second additional language furthers multilingualism and intercultural communication. Although reading and writing skills will be developed, at this level the emphasis will be on developing listening and speaking skills. The level of the Second Additional Language should target improved interpersonal communication.
Foreign Language Teaching may also be taken as a specialisation for teaching as a home language, first additional language or second additional language. These may include languages endorsed by the Pan South African Language Board (PanSALB).
The preferred minimum entry qualification into an Advanced Diploma (Teaching) is an approved undergraduate Bachelor's degree (NQF Level 7 or 8), which includes appropriate and sufficient academic subject content knowledge to teach school subjects for a particular phase of schooling. (See Appendix F.
In addition, there are also a number of 360 credit-level 6 diplomas offered by accredited public and private higher education institutions, which are also appropriate for teaching -particularly for specialising in FET and, in some cases, SP&FET.
Holders of university degrees in the above fields do not present themselves in significant numbers as entrants into teaching. Providers of teacher education programmes are encouraged to consider holders of diplomas in these appropriate and scarce fields for admission into an Advanced Diploma in Teaching, especially with regard to the FET Phase.
The Department of Higher Education and Training will publish a list of approved diplomas for entry into an Advanced Diploma (Teaching). Providers are requested to submit diplomas that are not on the list to DHET for evaluation and possible inclusion on the list.
The minimum qualification requirement for admission to the professionally-focused Advanced Diploma in Teaching is an approved degree or diploma. Approval of a degree or diploma for teaching is dependent on the specific combination of courses and modules successfully completed in the degree (or diploma) programme. These must ensure sufficient study of the disciplines underpinning the specific teaching specialisation (subject) to teach that particular school subject in a given phase.
It is not possible to provide a complete list of all possible fields of undergraduate degree studies that are appropriate to teach a particular subject at a specific school phase. In many instances institutions admitting the candidate will need to consider the degree in its entirety in order to decide on its appropriateness for entry into an Advanced Diploma in Teaching. Institutions must determine the extent to which academic content, embedded in the degree or diploma related to a particular subject, is sufficient to teach that subject at a particular level in schools. An in-depth analysis and understanding of the school curriculum for the different phases and subjects is required to make sound judgements on this.
In all cases, if the entry degree or diploma does not contain sufficient prior study in the disciplines underpinning the specialisation, additional content modules may be required before (or taken concurrently with) admission into the Advanced Diploma.
Institutions may approach DHET for support to evaluate qualifications for entry into the Advanced Diploma in Teaching when required. (Contact information is provided in Section 12.
Advanced Diploma (FP Teaching): A selection of subjects/disciplines that will provide a teacher with appropriate disciplinary knowledge to effectively teach Literacy, Numeracy and Life Skills to young learners and lay foundations for learning in future grades.
Advanced Diploma (SP&FET Teaching): University studies at Level 6, as well as some Level 7 studies in appropriate disciplines, which allow the prospective teacher to specialise in at least two subjects, one for the SP and one for FET.
Advanced Diploma (FET Teaching): University studies at Level 7 at least in appropriate disciplines, which will allow the prospective teacher to specialise in at least one FET subject.
Level 6 in a mathematical field (e.g. Applied Mathematics, Statistics, Mathematical Modelling, etc.) will be acceptable.
Holders ofmulti-disciplinary degrees without a main focus in a single field related to teaching (with the exception of Life Orientation) could be allowed into an Advanced Diploma in Teaching that specialises in the Foundation and Intermediate Phases of schooling, provided that the disciplines within the degree underpin the learning requirements for the phase specialisation and, where relevant, the subjects to be taught are taken to NQF Level 6 at least. Such students should not be permitted to take up teaching specialisations for the FET Phase.
Life Orientation is an inter-disciplinary subject that draws on, and integrates knowledge, values, skills and processes embedded in various disciplines, such as Sociology, Philosophy, Psychology, Political Science, Human Movement Sciences, Labour Studies and Industrial Studies. It is recommended that the prospective student should take a combination of at least two of these fields in his/her undergraduate degree -for example Human Movement Sciences and Psychology. Psychology must be one of the fields. At least one of these fields should be taken to NQF Level 7 at least.
Some universities offer Numerical Analysis, Statistics, Dynamics and Mechanics as part of the Applied Mathematics syllabus. This is not perfectly suitable as a basis for teaching Mathematics, but it is acceptable. Applied Mathematics and Statistics, however, are entirely appropriate for Mathematical Literacy teaching.
To teach Physical Sciences, the syllabus requires competence in both Physics and Chemistry. One of these must be taken to NQF Level 6 at least, and the other at least to NQF Level 7. For example, Physics II and Chemistry I would be an acceptable combination.
A combination of any two of the following: Biological Sciences, Biochemistry, Microbiology, Physiology, Biology and Zoology, with one taken to NQF Level 7 at least, is required to specialise in Life Sciences teaching, provided that Level 6 modules in Biology or Botany and Zoology is also included.
The degree should include English Language and Literature at NQF Level 7.
The following are also acceptable, provided English I is included in the degree: Applied English Language Studies, African Literature, Linguistics, Literary Theory and Communication and Media Studies.
Social Sciences require a study of Human Geography and History, taken at NQF Level 6 at least.
The teaching of Natural Sciences requires competence in aspects of Physical Geography/Environmental Sciences, Physics, Chemistry and Biological Sciences. It is, however, unlikely that one would find graduates who have covered all of these in a single undergraduate programme. A combination of at least two of these at NQF Level 6, is regarded as sufficient. It is likely to be necessary to allow concurrent registration in these instances, where appropriate, so as to permit graduates to complete the relevant modules missing from their undergraduate degree.
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<fn>GOV-ZA.34471486En.2012-02-10.en.txt</fn>
I, Mamodupl Mohlala. Commissioner of the National Consumer Commission, hereby publish draft Consumer Product Safety Recall Guidelines in terms of the Consumer Protection Act, 2008 (Act No 68 of 2008).
Interested persons may submit their comments on the draft Consumer Product Safety Recall Guidelines in writing on or before 10 August 2011; submissions must be forwarded to: The National Commissioner, National Consumer Commission c/o Mr. N Kuljeeth, P 0 Box 30251 Sunnyside, Pretoria, 0132 or per fax to (012) 394 2515 or email to nkuljeeth@thedtLgov.za
Kindly provide the name, address, telephone, fax number and or email address of the person or organization submitting the comments.
What is the purpose of these guideline?
What is the scope of these guidelines?
Why is the NCC involved in consumer product recalls 2 Section B 3 1. legal requirements and Responsibilities 3 1.1. legal requirements 3 1.2 Supplier Responsibilities 5 1 .2. 1 Responsibility for the supply of safe products ?
Supplier Recall Responsibilities 6 Section C 7 1 ' Mitigating a product safety risk 7 1.1. Identifying a consumer product safety hazard 7 1.2 Determining an appropriate course of action 8 2. Conducting a recall 9 2.1. What are the objectives of a recall 9 2.2. Requirements for conducting a recall 9 3. Notification 10 3.1. Notification of the Commission 10 3.2. Notification of international product recipients 11 3.3. Other entities in the domestic supply chain 11 4. Recall strategy 11 4.1. Elements of a recall strategy 12 5. Communication plan 13 6. Retrieval of the affected produc?
The product safety recall guidelmes (the Guidelines) require a supplier to adopt a system that will ensure the efficient and effective recall of unsafe consumer products from consumers and from within the supply chain. Such systems of recall should be tailored to the type of product and the risk posed to consumers. A supplier may seek independent advice (including legal advice) regarding the system to be developed or put in place when conducting a consumer product recall.
1.1 What is the Purpose of these Guidelines?
The purpose of the Guidelines is to provide guidance to suppliers on how to conduct a product safety recall.
The Guidelines are created in terms of the provisions of section 60 of the Consumer Protection Act, No 68 of 2008 (CPA).
The Guidelines have been developed by the National Consumer Commission (the Commission).
1.2 What is the Scope of these Guidelines?
The Guidelines have been developed to help suppliers plan for.
the role and responsibilities of suppliers and government agencies when a recall is necessary reauirernents for conducting a recall.
The range of goods covered under the CPA, and to which the product safety requirements apply, is broad and covers any goods as defmed by the Act.
STAATSKOERANT, 18 JULIE 2011 No.
Voluntary product recalls may be initiated by suppliers when they become aware of safety issues. Product recalls may also be negotiated with suppliers by the Commission or other Regulators when they identify a safety issue or following enforcement or compliance action.
As a last resort, the Commission may order a compulsory recall to protect the public from any unsafe goods in terms of section 60(2) of the CPA When this happens, the Commission may issue a written notice stipulating the manner in which the recall is to occur.
Why is the NCC Involved in Consumer Product Recalls?
Suppliers have an obligation under the CPA to notify the Commission when they undertake a recall.
The Commission's primary purpose with regards to product recalls is to ensure that any unsafe product is effectively removed from the marketplace and the hands of consumers.
The Commission enforces and administers the CPA: that applies to all transactions occurring within the Republic that involve goods including transactions that are exempt from the apphcation of the CPA.
Legal Requirements and Responsibilities.
Leg a I Requirements.
Section 60 (1) of the CPA provides that the Commission must promote, within the framework of section 82.
Other indication of failure, defect or hazard, in any particular goods or in any component of them, or injury or damage resulting from the use of those goods.
1 Sees. 1 of the CPA, where th~ def~nition of ''goocis include: (a) anything marketed tor human consumption; (b)any tangible objert not otherwise contemp1ated i raragraph (a), Including any medium on which any1hing is or rnay be written or ~·moded; (c) an)' literature, rnu>ic. photograph, motion picturE, garne informaticn, ri;i!;< ~ofiWiHP.
Notify consumers of the nature, pertaining to those goods; and causes.
If the goods are unsafe. recall those goods for repairs. replacement refund.
carry out a Commission.
Section 60(3) provides that, A producer or importer affected by a notice issued in terms of subsection (2) may apply to the Tribunal to set aside the notice in whole or in part.
The guidelines will form part of any Industry Code developed in terms of section 82 of the CPA where goods are a subject matter.
Section 60 (1) of the CPA provides that the Commission must within the framework of Industry-wide Code of Practice promote voluntary recalls of products for safety-related reasons.
A voluntary recall occurs when the supplier initiates the recall and voluntarily takes action to remove the relevant goods from distribution, sale, and/or consumption. A voluntary recall may also be negotiated with a supplier by the Commission following enforcement or compliance action. The use of the word ·voluntary' does not correspond to whether or not the distribution network/chains can choose to remove the product from sale When o recall occurs.
The Commission requires be notification in writing within two days of the supplier initiating the recall.
The notice must state that the goods are subject to a recall and set out the nature of the defect. or the dangerous characteristic of. the goods.
A supplier who fails to notify the Commission may be found guilty of an offence under s. 110 (2) of the CPA.
Section 60(2) empowers the Commission to order a supplier to recall any goods which on reasonable grounds the Commission believes that those goods will or may be unsafe, or that there is a potential risk to the public from the continued use of or exposure to the goods, and the producer or importer of those goods has not taken any steps required by an applicable code. The Commission, by written notice, may require that the producer to carry out a recall programme on any terms required by the Commission. These are known as 'compulsory' recalls.
Responsibility for the Supply of Safe Products.
A supplier is the entity who has the primary responsibility for the supply of safe consumer products in South Africa. 'Suppliers' include manufacturers, importers, distributors and retailers. There will often be more than one supplier responsible for a particular product.
Individual suppliers are responsible for the investigation and rectification of safety related hazards in products that they supply.
complaint by a consumer.
detection by an tndustry body or consumer organisation and detection by the Commission. another Regulator or a State entity.
An unsafe product may result from a manufacturing or production error. that is, where the manufacturer of the product departed from its design or material specifications during production.
An unsafe product may also result from a design defect, that is, a product may be unsafe even if the product is manufactured exactly in accordance with its design and specifications. A defect in design may also be the cause of risk or injury as a result of the operation or use of the product, the reasonably foreseeable use of the product, or the failure of the product to operate as intended.
Where the Commission detects or becomes aware of a safety related hazard it will attempt to identify the supplier at the highest level in the supply chain in order to assist the supplier to ensure all relevant suppliers from within the supply chain, including international recipients, are identified and advised of the safety related hazard relating to the product.
Supplier Recall Responsibilities.
notify others in the domestic supply chain, facilitate the return of recalled products from consumers.
maintain records and establish procedures that will facilitate a recall (records should be in a form that can be quickly retrieved). and provide progress reports on the conduct of the recall to the Commission and relevant regulators.
Where the risk analysis determined that it is not necessary to retrieve products from consumers, however to mitigate the safety risk some other action by the supplier is required. These other actions may include a trade level recall or issuing a safety alert.
Where a supplier initiates a trade level recall, the same general responsibilities would apply except that the supplier would not be required to notify the public. Likewise when issuing a safety alert, a supplier would have the same general responsibilities, however, it would not be required that the unsafe product be removed from the marketplace.
Mitigating a Product Safety Risk.
Identifying a Consumer Product Safety Hazard.
conduct a comprehensive risk analysis: and look at all possible ways to address the safety related rcJ and decide whether t!
The Commission requires a supplier to contact it when commencing such an assessment. This will enable the Commission to work with the supplier to determine what action (if any) is required to mitigate a safety related hazard with the product.
Determining an Appropriate Course of Action.
Depending on the outcome of the risk analysis there are a number of possible actions a supplier may choose to take to mitigate a safety related hazard.
to contact the supplier to arrange for a replacement product or part to be sent to the consumer; or o sending a service agent to a person's home or place of business to repair or modify a product; or o requesting a service agent repair or modify a product when it is next presented for servicing.
The decision about the most appropriate action in order to reduce the risk to consumers will depend on a number of factors, including the nature of the risk and distribution and lifecycle of the product. The supplier should consult with the Commission about the most appropriate strategy.
Conducting a Recall.
What are the Objectives of a Recall?
o effectively and efficiently remove from the market place any product which is potentially unsafe; and o prevent the further distribution of unsafe products.
Requirements for Conducting a Recall.
The supplier has the prime responsibility for implementing a recall. A recall should be implemented in accordance with its recall policy and after consultation with the Commission.
c retrieve the affected product from consumers and from within the supply chain; and c report on the recall to the regulator/s.
Notification of the Commission.
A supplier undertaking a safety~related recall is required by the CPA (section 60(1)) to notify the Commission in writing preferably before commencing recall action. However, the supplier must notify the Commission within two days of commencing a recall action.
to contact the supplier to arrange for a replacement product or part to be sent to the consumer; or o send a service agent to a person's home or place of business to repair or modify a product; or o make arrangements for a service agent to repair or modify a product when it is next presented for servicing.
A supplier will fulfil the notification requirement by completing and submitting a recall Notice to the Commission's offices on the prescribed form.
A Recall Notification Form can be obtained from the Commission by calling 0860 266 786 OR email: NMnguni@thencc.co.za.
A completed form can be submitted to the Commission's office situated at the DTI Campus, 3th Floor, E block (Uuzaji Building), 77 Meintjies Street Sunnyside, Pretoria 0002: OR email: NMnguni@thencc.co.za.
Notification of International Product Recipients.
A supplier undertaking a voluntary or compulsory safety-related recall is also responsible for goods supplied outside South Africa. It is therefore, required that the supplier notify in writing any person outside South Africa. to whom they have supplied goods, that the goods are subject to a recall.
The notification must state that goods are subject to a recall and, if the goods contain a defect, have a dangerous characteristic or do not comply with a prescribed consumer product safety standard, set out the nature of the problem or non-compliance.
Where a supplier has complied with the notification requirements under section 60(1), the supplier should provide to the Commission, within 10 days of providing the notice, a copy of the notice. This requirement can be fulfilled by sending a copy to the Commission via email, fax or by hand delivery to the Commission.
Other Entities in the Domestic Supply Chain.
Recall effectiveness is contingent upon the effective notification and cooperation between all entities in the supply chain.
The Commission therefore requires a supplier who undertakes a safetyrelated recall of consumer goods to notify any entity from within the domestic supply chain in writing that a recall has been initiated.
Where a supplier has complied with this requirement to notify entities from within the domestic supply chain that a recall has been initiated, the supplier should advise the Commission.
A supplier is requrred to submit a recall strategy to the Commrssion on initiating a recall thereby assurrng the Commission that the product safety rrsk v.;i!
A supplier should negotiate the Commission prior to submitting it.
The recall strategy is the f1rst stage of reporting in relation to a recall and will assist the Commission to assess whether the product safety risks associated with the unsafe product will be adequately addressed.
Some elements of the recall strategy should be supplied to the Commission at the time of initiating the recall however other elements will not become evident until the recall has progressed and are to be provided at agreed intervals.
4.1 Elements of a Recall Strategy.
o information about the proposed communication with consumers, including the method of communication, frequency with which the communication will be repeated and details of the message. This should be negotiated with the Commission.
contact deta1!s of other entities in the supply ct1ain to whom the recalling supplier has supplied the pwduct.
contact details of international product recipients: and action taken by the supplier to identify and correct the cause of the hazard, including the outcome of any root cause analysis or the time period tn which such analysis will occur.
The purpose of communicating with consumers about a recall is to ensure that product related injuries are prevented through the removal or rectification of unsafe products. The goal in communicating a product recall is to ensure consumers comply with the recall notification.
Matching the communication medium to the consumer is important to achieve the objective of compliance with a recall notice. Communications regarding the recall should therefore be directed towards the particular consumer demographic for the recalled product, using an appropriate communication method.
Although there are a range of communication methods through which a supplier can communicate with consumers about a recall, there are some minimum requirements for written communication.
o Product description-a clear description of the product, including the name, make and model and any distinguishing features, batch or serial numbers.
Description of the defect-a clear description of what the defect is. The defect should be described in simple terms so that the average consumer can understand.
A statement of the hazard-describes the maximum potential hazard and associated risk.
. A section titled 'What to do', which explains the immediate action the consumer is to take, for example, cease use immediately and return product to the place of purchase for a full refund. It should be clear that the consumer should return the product and not dispose of it.
o A section titled 'Contact details', what explains who consumers should contact to receive a refund or have the product repaired or replaced. Include business and after hours telephone numbers, preferably toll free and email and website addresses.
The recall notice must not include the words 'voluntary recall'.
A supplier should place information relating to a product recall prominently on its website.
c nature of the hazard/risk posed by the affected product; and o access to direct contact with consumers who have been supplied the affected product.
Retrieval of the Affected Product.
Products that are the subject of a recall may be recovered from different entities in the supply chain or directly from consumers.
o notifying the relevant parties, including other entities in the supply chain and consumers of the method of retrieval of the recalled product; and o arrangements for disposing of the returned product-this may involve arranging for the returned product to be held and kept separate until it can be rectified or safely destroyed.
Low value products pose particular challenges for suppliers when it comes to a recall. Low value does not mean low risk and suppliers should still seek to achieve effective recalls of such products.
Reporting on the Recall.
In order to monitor the progress and enable ongoing assessment of the effectiveness of the recall the Commission requires a supplier to provide progress reports.
The Commission will develop a reporting schedule with a supplier at the beginning of a recall that appropriately reflects the product risk being addressed. The information the Commission will require as part of any progress reports will be dependent on the circumstances of the reca II and therefore will be negotiated on a case by case basis.
the number of products returned from within the supply chain and from consumers: the number complainis and inquiries that !
, the number of inquiries that have been received from consumers regarding the recall and the nature of these inquiries; and whether the supplier deviated from the original plan at all in relation to the communication strategy or any other strategies and the reasons why.
Final Report. When a supplier has taken all reasonable steps to effectively mitigate the risk posed by the unsafe product, the recall can be closed. Closure of a recall does not affect the rights of consumers in relation to the product and the public can continue to access information about the recall through the supplier's recalls website or any form designed by the Commission. However, when a recall is closed the supplier no longer needs to actively promote the recall and the regulatory oversight ceases. The Commission requires a supplier to submit a final report before the recall can be closed.
information product. about any known injuries or incidents associated with the the final number of complaints or inquiries regatdir·t~ the rec;:,t! d!ld/ur the product. and that have been received information about the manner in which the recalled product has been destroyed or rectified, including evidence of the destruction or rectification of the unsafe product.
Completion of this form constitutes notification to the Commission under Section 60 of the Consumer Protection Act 68 of 2008.
fouality Affected iWho initiated Other Regulator ; I the recall?
Your position(s) in the supply chain ! Manufacturer I IRetailer!
Iiif an IJ~-~----~---------··-·-------·----·-------------------~---~-----------------------------------·-J Processes/mechanisms __ _ 1 1 are in place to track the _y_es lNo_L.
product through the 1 supply cha_ir1!
1 Known injuries or i damage related to . !
Consumers are 1 offered incentives to IYes I }JO---l.
eg.
<fn>GOV-ZA.34473gon603En.2012-02-10.en.txt</fn>
I, Angelina Matsie Motshekga, Minister of Basic Education, with the concurrence of the Council of Education Ministers and in terms of Sections 3(4)(1) and 7 of the National Education Policy Act, 1996 (Act No. 27 of 1996) and together with section 6(A) of the South African Schools Act, 1996 (Act. No.
Board of Royal Schools of Music, Trinity College of London and UNISA will be incrementally phased out of during the period 2012-2014 as set out in Schedule 1.
Certificate programme will be under restricted conditions as set out in Schedule 2.
SCHEDULE 1 1.
National Senior Certificate: A Qualification at Level 4 on the National Qualifications Framework (NQF), Government Gazette No.
National Policy on the Conduct, Administration and Management of the National Senior Certificate, a Qualification at Level 4 on the National Qualifications Framework (NQF), Government Gazette, No.
Regulations pertaining to the Conduct, Administration and Management of Assessment for the National Senior Certificate, Government Gazette No. 31337 of 29 August 2008.
The external Music programmes may only be offered as an eighth National Senior Certificate subject.
A learner may only enrol for the selected external Music programme in his or her Grade 12-year.
The submission of the final examination marks obtained by the candidates must be determined by the three external Music examination bodies.
The external Music examination bodies' final results based on the theory and practical components will be accepted as the final mark obtained by the candidate.
The practical component must be played by the candidate not later than June of the Grade-12 year.
The theory must be completed by the candidate, not earlier than October of the Grade 11-year.
The marks supplied by the three external Music examination bodies will be indicated on the National Senior Certificate as a subject passed by an approved and accredited assessment body in terms of the requirements as determined by that body. The actual mark obtained by the candidate will be reflected on the National Senior Certificate with an asterisk denoting that this subject was offered by an external assessment body in terms of that body's requirements.
A learner will be restricted to a maximum of one of the Associated Board of Royal Schools of Music, or Trinity College of London, or the UNISA Practical Music Examinations.
A learner who offers Music as a Group B subject for the National Senior Certificate and one of the Associated Board of Royal Schools of Music, or Trinity College of London, or the UN ISA Practical Music Examination, Grade 7, as an eighth subject, may not offer the same main instrument as a first and second instrument.
A learner who offers one of the Associated Board of Royal Schools of Music, or Trinity College of London, or the UNISA Practical Music Examination, Grade 7 as an eighth subject may not offer a Music programme, comprising a combination of components of the Music programmes of the three External Music Examination Bodies.
The Music programmes of the Associated Board of Royal Schools of Music, or Trinity College of London, or UI\IISA may not be offered during official school hours, but only as an extra-curricular subject.
Trinity College of London, or the UNISA Practical Music Examination, Grade 7 as an eighth subject may not replace a failed subject offered by the learner in terms of the seven-subject package of the National Senior Certificate.
<fn>GOV-ZA.34473gon604En.2012-02-10.en.txt</fn>
I, Angelina Matsie Motshekga, Minister of Basic Education, with the concurrence of the Council of Education Ministers and in terms of section 6(A) of the South African Schools Act, 1996 (Act. No.
The current requirements for the offering of the Music programmes of the Associated Board of Royal Schools of Music, Trinity College of London and UNISA will be incrementally phased out of during the period 2012-2014 as set out in Schedule 1.
From 2014 the offering of the Music programmes of the Associated Board of Royal Schools of Music, Trinity College of London and UNISA as part of the National Senior Certificate programme will be under restricted conditions as set out in Schedule 2.
A learner who offers Music as a Group B subject for the National Senior Certificate and one of the Associated Board of Royal Schools of Music, or Trinity College of London, or the UNISA Practical Music Examination, Grade 7, as an eighth subject, may not offer the same main instrument as a first and second instrument.
The Music programmes of the Associated Board of Royal Schools of Music, or Trinity College of London, or UNISA may not be offered during official school hours, but only as an extra-curricular subject.
<fn>GOV-ZA.34474gon606En.2012-02-10.en.txt</fn>
I, Deborah Gabaakelwe Mochotlhi, as the delegated authority in terms of section 63 of the National Water Act, 1998 (Act No.
Annexure attached hereto.
Carroll Family Enterprises (Pty) ltd Black Heath Farm No.
Brenton Farm No.
Rodes Farm No.
Harcourt Farm No.
Forres Farm No.
Thornwick Farm No.
Lezmin 3174 cc Stilton Farm No.
<fn>GOV-ZA.34475Rg9561Gon605En.2012-02-10.en.txt</fn>
NAlIONAL TREASURY No. R.
Act, 1990 Act No. 97 of 1990}, made the regulations in the Schedule_.
"the Act" means the Financial Services Board Act, 1990 (Act No. 97 of 1990).
particulars of the decision against which an appeal is noted, and must be accompanied by payment of the amount of one thousand rand (R1 000).
The secretary of the appeal board must without delay furnish a copy of the document referred to in sub-regulation (1) to the decision-maker.
The decision-maker must within 30 days of receiving the copy referred to in sub-regulation (2), furnish the reasons for the relevant decision against which an appeal is lodged in writing to the secretary of the appeal board, who must without delay remit a copy thereof to the appellant.
The appellant must within 30 days of the date of receipt of the written copy of the reasons for the decision, referred to in sub-regulation (3), deliver a notice of appeal to the secretary of the appeal board, which notice must contain full particulars of the grounds of appeal.
If the appellant fails to deliver a notice of appeal within the 30 days, the appeal lapses.
must after the date, place and time for the hearing of the appeal has been fixed in terms of section 268(6) of the Act, submit the originals of the documents referred to in these regulations to the appeal board.
Government Notice No. R. 6 of 1993 in Gazette No. 14514 of 8 January 1993, as amended, is hereby repealed.
These regulations are called the Regulations in respect of Appeals to Appeal Board, 2011.
<fn>GOV-ZA.34476gon607En.2012-02-10.en.txt</fn>
In terms of section 32 of the South African Postbank Limited Act, 2010 (Act No. 9 of 201 0), I hereby determine that the said Act shall come into operation on the date of publication ofthis notice in the Govermnent Gazette.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this 19th day of July Two Thousand and Eleven.
<fn>GOV-ZA.34477rg9562gon608En.2012-02-10.en.txt</fn>
Financial Advisory and Intermediary Services Act No.
Iii whir.h ic: ::1 r.lnc:~ r.nrnM:=~tinn r~ni.c:t~rPrl 11nrl1r thP. r.ln<:P r.nrnnr::~tinnc: Ar.t 1s:IR4 lAr.t No.
includes any trust controlled or administered by that person.
Southern Africa is fast becoming a hub of activities in the field of astronomy and related technologies. Winning the SKA bid will be a major step forward for the government's Astronomy Geographical Advantage Programme (AGAP). Other major astronomy players in the region include the Southern African Large Telescope (SALT) in the Karoo, and the HESS gamma ray telescope in Namibia.
Hosting the SKA in South Africa will boost the development of high level skills and cutting edge technology infrastructure in Africa, and will also attract expertise and collaborative projects to the continent.
The two Ministers are expected to discuss among others the recent decision by South Africa not to allow foreign visitors particularly from some SADC countries to use one-page travel documents in entering South Africa, but to use valid and proper travel documents with effect from 1 June 2010.
Enquiries: Ronnie Mamoepa(Head of Communication)-ronnie.mamoepa@dha.gov.
Please read the disclaimer.
If you experience any problems accessing the site, please contact the webmaster.
Any other queries should be sent to the Directorate: Communication.
Site developed and maintained by the Department of Home Affairs.
CONDITIONS : A non-refundable deposit of R 100.00 is payable per document.
Mr. Benneth Machaba Ms Nobelungu Suncity Shabangu
PO BOX 7378 enquiry@sadp.co.
FAX 012 993 4844 itsCSA@lantic.
CELL: 082 881 6090 amkus@iafrica.
<fn>GOV-ZA.34477rg9562gon609En.2012-02-10.en.txt</fn>
a long-term or a short-term insurance contract or p-olicy, referred to in the Long-term Insurance Act, 1998 (Act No. 52 of 1998), and the Short-term Insurance Act, 1998 (Act No.
a friendly society referred to in the Friendlly Societies Act, 1956 (Act No.
a deposit as defined in section 1(1) of the Banks Act, 1990 (Act No.
a health service benefit provided by a medical scheme as defined in section 1 (1) of the Medical Schemes Act, 1998 (Act No.
Tel: + 266 2231 5758 sahcmas@leo.co.
Fax: + 266 2231 0270 dha@leo.co.
Minister in The Presidency for Performance Monitoring and Evaluation Collins Chabane, accompanied by National Youth Development Agency Board Executive Chairperson Andile Lungisa will address the media at the launch of the 17th World Festival of Youth and Students (WFYS/Festival) at the NYDA Head Offices on Thursday, 11 November 2010.
349 2577 / 78 kobus@rippel.co.
<fn>GOV-ZA.34478495En.2012-02-10.en.txt</fn>
Manufacturers in the SACU of the subject products listed above, who wish to submit a request for the duty to be reviewed prior to the expiry thereof, are requested to do so within the time limit set out below (see Procedures and Time Limits). Where no replies are received from the SACU manufacturers within this time limit, the Commission will recommend the termination of the duties on the date of expiry.
In exceptional cases, where infonnation is not susceptible to summary, reasons must be submitted to this effect.
These rules applies to all correspondence with and submissions to the Commission, which unless indicated to be confidential and filed together with a non-confidential version, will be placed on the public file and be made available to other interested parties.
12 No.
Manufacturers in the SACU of the subject product listed above, who wish to submit a request for the duty to be reviewed prior to its expiry, are requested to do so not later than close of business on 29 August 2011.
SACU manufacturers, who do submit a request on or before 29 August 2011, should subsequently submit duly substantiated information, indicating that the expiry of the duty would be likely to lead to continuation or recurrence of dumping and material injury, to the Commission by 25 Aprll2012.
It should be noted that the investigation process is complex and the Commission is subject to strict time limits within which to complete the investigation. Late submissions will therefore not be accepted, except with the prior written consent of the Commission. The Commission will give due consideration to written requests for an extension of not more than 14 days on good cause shown (properly motivated and substantiated), if received prior to the expiry of the original period. Merely citing insufficient time is not an acceptable reason for an extension.
The information submitted by any party may need to be verified by the Investigating Officers in order for the Commission to take such information into consideration. The Commission may verify the information at the premises of the party submitting the information, within a short period after the submission of the information to the Commission. Parties should therefore ensure that the information submitted will subsequently be available for verification. Specifically, it is planned to verify the information submitted by the exporters within three to five weeks subsequent to the submission of the information. This period will only be extended if it is not feasible for the Commission to do it within this time period or upon good cause shown, and with the prior written consent of the Commission, which should be requested at the time of the submission. It should be noted that unavailability of, or inconvenience to consultants, will not be considered to be good cause.
How many learners have been fed through the school nutrition scheme at primary and secondary schools and (b) what percentage of the budget has already been utilised to feed these learners?
<fn>GOV-ZA.34478496En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.34478497En.2012-02-10.en.txt</fn>
The trade union and all interested parties are hereby invited to make written representations as to why the registration should not be cancelled. Only representations pertaining to this Notice will be considered.
Objections must be lodged to me, c/o the Department of Labour, Laboria House, 215 Schoeman Street, PRETORIA. [Postal address: Private Bag X117, PRETORIA, 0001 -Fax No. (012) 309 4156/4595], within 60 days ofthe date ofthis notice.
<fn>GOV-ZA.34478498En.2012-02-10.en.txt</fn>
STAATSKOERANT, 29 JULIE 2011 No.
I, Johannes Theodorus Crouse, Registrar of Labour Relations, hereby notify, in terms of section 1 09(2) of the Labour Relations Act, 1995, that the Inqubelaphambili Trade Union (ITU) (LRl/6/2/1850) has been registered as a trade union with effect from 19 July 2010.
<fn>GOV-ZA.34478Bn129En.2012-02-10.en.txt</fn>
Building 2 GIHNitone HOI Omce Park Emerald Boulevan:f Modderfonteln PO Box 8237 Greenstone 1118 Johannburg South Afrtc:a Tel 087 940 8800 Fax 087 940 8873 E-mail boen:IQirba.co.
Docex 008 Edenvale Internet www.lrba.co.
The Independent Regulatory Board for Auditors publishes the following information relating to the registration of Individual auditors and finns.
If it has been more than three years since the applicant was last registered with the Board, passed the PPE (or exempted) or completed his training contract, whichever is the later date, the applicant is required to submit with his application his CV, CPO and a letter motivating why he or she should now be registered as a registered auditor after an extended absence from the audit and assurance environment.
The applicant must state whether he or she is intending to perform the attest function during the twelve month period immediately following their registration as a registered auditor.
On an annual basis, from 1 April to 31 March of each year, provided the registered auditor pays the required annual fees.
prescribe minimum requirements for the renewal of registration and re-registration.
1.5 Completion and submission by a specified date, if applicable, of an individual update form for those RAs who have changed their details to inform the IRBA accordingly.
2.3 If it has been more than three years since the applicant was last registered with the Board, passed the PPE (or exempted) or completed his training contract, whichever is the later date, the applicant is required to submit with his appficatlon his CV, CPO and a letter motivating why he or she should now be registered as a registered auditor after an extended absence from the audit and assurance environment.
37(1) An individual must apply on the prescribed application form to the Regulatory Board for registration.
lha prescribed application form is attached as ANNEXURE A.
has complied with the prescribed education, training and competency requirements for a registered auditor.
The prescribed education, training and competency requirements are detailed In this document under section 6(1) as well as on the application form attached as ANNEXURE A.
SECT!ON38 38(2) On application by a firm which is a partnership fulfilling the conditions in subsection 1(a) or a sole proprietor, on the prescribed application form, the Regulatory Board must register the firm as a registered auditor on payment of the prescribed fee.
The prescribed application form is attached as ANNEXURE B.
38(3) The Regulatory Board must register a company as a registered auditor on payment ofthe prescribedfee if...
The fee as determined and prescribed by the IRBA from time to time.
SECTION40 40{1 A registered auditor must apply in the prescribed manner to the Regulatory Board for the renewal of his or her registration.
Complete and submit by a specified date, if applicable, an individual update form for those RAs who have changed their details to inform the IRBA accordingly.
It is further prescribed that If the RA fails to pay his annual fees by the specified date, the RA's registration automatically lapses in terms of section 39(5).
11 is further prescribed that if the RA fails to submit his documentation by the specifred date, the RA's registration may be cancelled in terms of section 40(2) read with 39(3) for failing to meet the annual renewal requirements.
40(2) A registered auditor whose registration was terminated in terms of section 39 or cancelled in terms of section 51 (3)(a)(iv) may apply for re-registration in the prescribedmanner to the Regulatory Board.
Compliance with all the requirements that would apply if the applicant were applying for registration for the first time as specified in section 37 of Act 26 of 2005 5. If it has beerrmore than three years since the applicant was last registered with the Board, passed the PPIE (or exempted) or completed his training contract, whichever is the later date, the applicant Is required to submit with his application his CV, CPO and a letter motivating why he or she should now be registered as a registered auditor after an extended absence from the audit and assurance environment.
Addresses: (Please circle the ..J next to the address where you would like to receive your Individual correspondence. Please complete all the address details.
Telephone number: -1-----L..
Exemption Number in (year).
8.3 a short description of why registration is required.
Are you resident in the Republic of South Africa ---------------?
Have you at any time been removed from an office of trust because of misconduct related to a discharge of that office If yes, please provide details on a separate page?
Have you at any time been convicted, whether in the Republic or elsewhere, of theft, fraud, forgery, uttering a forged document, perjury, an offence under the Prevention and COmbating of Corrupt Activities Act. 2004, or any other offence Involving dishonesty If yes, please provide details on a separate page?
Are you for the time being decfared by a competent court to be of unsound mind or unable to manage your own affairs If yes, please provide details on a separate page?
Are you an unrehabilltated insolvent, have you entered into a compromise with your creditors, or have you been provisionally sequestrated If yes, please provide details on a separate page?
Are you a member of a professional body -----------------?
If you answered yes to question 14, please state name of body and your membership number.
If you answered no to question 14, have you made arrangements for your continued professional development If so, please provide details on a separate page?
Have you ever previously been registered as an auditor with the IRBA or its predecessor body?
If yes, what was the reason for the termination ofyour registration?
(If termination was as a result of disciplinary action by the IRBA's Disciplinary Committee, please provide on a separate page cogent and comprehensive reasons as to why you should be reregistered, with specific reference to any changes in circumstance since date of termination.
Do you intend performing the ;:~ttest function within the next twelve months?
I certify that the above information is true and correct in every detail, and I undertake to comply with the Code of Professional Conduct as published, from time to time, by the IRBA, as well as the CPO policy of the IRBA as published, with amendments, if any.
(The IRBA's banking details are available on the website at www.irba.co.za under the Registry section.
This information is requested in order to gauge the profession's success in becoming more representative of the people in South Africa.
* The IRBA's Code of Professional Conduct and CPO policy are available on the website at www.irba.co.za.
Full names of RAs in firm IRBA Status in firm ie.
registration I director I managing attest or non attached to the no partner I managing attest head office or a directorI sole practitioner branch I?
I employee I contractor branch, please indicate which branch.
Direct telephone number:---------------------------------------------------Direct fax number:-----------------------------------------------If your fum has branches, do you wish the consolidated statements for all members of the firm to be sent to your head office or to each blanch-------------------------------------?
If your finn has one training officer in the head office who is responsible for the head office and branches, please complete the detans below. If each branch of your finn has Its own training officer please provide details of the training officer per branch by photocopying this page. If your finn does not have a training offiCer, please leave this section blank and notify the IRBA accordingly if and when a training officer Is appointed.
Direct telephone number.
For each branch, please provide the following information. If your finn has more than one branch, please photocopy this page or use a separate sheet.
E-mail address of branch:---------------------------------------------.
Please select one ofthe following to indicate the category of your firm's B-88EE status.
An Enterprise to which the Generic Scorecard applies (Company with Turnover Exceeding R35m.
An Enterprise to which a Sector Code Scorecard applies.
If you selected 3, 4 or 5 above, have you obtained a Rating of your 8-88EE status from an accredited Verification Agency or approved RA or a member of an Approved Professional Institute Yes I N?
If yes, please attach a copy of your Verification Certificate and Scorecard.
<fn>GOV-ZA.34479rg9563gon611En.2012-02-10.en.txt</fn>
· In this Schedule "the Rules" means the Rules Regulating the Conduct of the Proceedings of the Magistrates' Courts of South Africa published under Government Notice No. R. 740 of 23 August 2010, as amended by Government Notice No. R. 1222 of 24 December 2010.
STAATSKOERANT, 29 JULIE 2011 No.34479 15 kilometres of the court house, the attorney's postal address, and, where available the attorney's facsimilie address and electronic mail address: Provided that the State Attorney may appoint the office of the registrar or clerk of the civil court as its address for service.
If no attorney is acting for the plaintiff, the summons shall be signed by the plaintiff, who shall in addition append a physical address.1 which address shall. in places where there are three or more attorneys or firms of attorneys practising independently of one another. be within 15 kilometres of the courthouse at which plaintiff will accept service of all subsequent documents and notices in the suit, the plaintiff's postal address and, where available, plaintiff's facsimile address and electronic mail address.
After subparagraph (i) or (ii) has been complied with, the summons shall be signed and issued by the registrar or clerk of the court and shall bear the date of issue by the registrar or clerk as well as the case number allocated thereto.
The plaintiff may indicate in a summons whether the plaintiff is prepared to accept service of all subsequent documents and notices in the suit through any manner other than the physical address or postal address and, if so, shall state such preferred manner of service.
If an action is defended the defendant may, at the written request of the plaintiff, deliver a consent in writing to the exchange or service by both parties of subsequent documents and notices in the suit by way of facsimile or electronic mail.
If the defendant refuses or fails to deliver the consent in writing as provided for in paragraph (c), the court may, on application by the plaintiff, grant such consent, on such terms as to costs and otherwise as may be just and appropriate in the circumstances.
(3) (a) When a defendant delivers notice of intention to defend, the defendant shall therein give his or her full physical residential or business address, postal address and where available, facsimile address and electronic mail address, and shall also indicate and select therein the preferred address for service on the defendant thereat of all documents in such action, and service thereof at the address so given shall be valid and effectual, except where by any order or practice of the court personal service is required: Provided that the physical address given by the defendant in the notice of intention to defend shall~ in places where there are three or more attorneys or firms of attorneys practising independently of one another, be an address situated within 15 kilometres of the courthouse.
The defendant shall indicate in the notice of intention to defend whether the defendant is prepared to accept service of all subsequent documents and notices in the suit through any manner other than the physical address or postal address and, if so, shall state such preferred manner of service.
The plaintiff may, at the written request of the defendant, deliver a consent in writing to the exchange or service by both parties of subsequent documents and notices in the suit by way of facsimile or electronic mail.
If the plaintiff refuses or fails to deliver the consent in writing as provided for in paragraph (c), the court may, on application by defendant, grant such consent, on such terms as to costs and otherwise as may be just and appropriate in the circumstances.
(1) (a) Every application shall be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief.
The notice of motion must be addressed to the party or parties against whom relief is claimed and to the registrar or clerk of the court.
Where it is necessary or proper to give any person notice of an application, the notice of motion must also be addressed to such person and served on such person.
The notice of motion in every application other than one brought ex parte shall be similar to Form 1A of Annexure 1 and copies of the notice, and all annexures thereto, shall be served upon every party to whom notice thereof is to be given.
(i} Where no answering affidavit, or notice in terms of paragraph (g}(iii), is delivered within the period referred to in paragraph (g}(ii) the applicant may within 5 days of the expiry thereof apply to the registrar or clerk of the court to allocate a date for the hearing of the application.
and where such notice is delivered the applicant may apply for such allocation within 5 days after delivery of such notice.
upon the expiry thereof.
The court may in particular, but without affecting the generality of subparagraph (i) direct that oral evidence be heard on specified issues with a view to resolving any dispute of fact and to that end may order any deponent to appear personally or grant leave for that person or any other person to be subpoenaed to appear and be examined and cross-examined as a witness or it may refer the matter to trial with appropriate directions as to pleadings or definition of issues, or otherwise.
Application to the court for an order of [arrest tanquam suspectus de fuga,] an interdict or attachment or for a mandament van spolie shall be made in terms of rule 55.
Every application referred to in sub rule (1) shall be accompanied by an affidavit stating the facts upon which the application is made and the nature of the order applied for.
STAATSKOERANT, 29 JULIE 2011 No.34479 damages which may be caused by such order and may require such additional evidence as it may think fit.
[(4) An order made ex parte for the arrest tanquam suspectus de fuga of a person shall call upon the respondent to show cause against it at a time stated in the order, which shall be the first court day after service.
[(5) The return day of an order made ex parte for arrest tanquam suspectus de fuga may be anticipated by the respondent upon 12 hours' notice to the applicant.
<fn>GOV-ZA.34479rg9563gon613En.2012-02-10.en.txt</fn>
to amend the Agreement published under Government Notice No. R. 1282 of 29 October 2004 as amended, re-enacted, renewed and extended under Government Notices Nos. R. 241 of 24 March 2005, R. 817 of 11 August 2006, R.1220 of 8 December 2006, R. 1127 of 30 November 2007, R.
2009, R. 1240 of 31 December 2010, R. 404 of 13 May 2011 and R. 430 of 20 May 2011.
1.1.2.5 "area 5" which means the Province of the Free State and the Magisterial District of Kimberley.
26 No.
Clauses 1.1.1 and 2 of this Agreement shall not apply to non -parties.
Parties with effect from such date as may be fixed by the Minister of b Non-parties with effect from 1 August 2011.
The Agreement shall remain in force until31 December 2011.
The Pension Funds Act (hereinafter referred to as "PFA") was amended from 1 January 2008 to include all Bargaining Council Funds previously registered under the Labour Relations Act, 1995. The Provident Fund was therefore registered under the PFA from 1 January 2009 and the registered certificate was issued by the Financial Services Board on 20 March 2009 with registration number 1218/37824.
The object of the Fund is to provide retirement benefits to members at the date of retirement and death benefits to beneficiaries or nominees of deceased members as defined in the PFA. In terms of the Rules of the Fund, full Fund Credits are payable on leaving service, for whatever reason such as resignation, retrenchment, death, disability or retirement.
The Provident Fund is governed by its Rules, the PFA, the Income Tax Act and all other relevant Acts applicable to Pension and Provident Funds as defined. The Fund is currently administrated by Verso Financial Services (Pty) Ltd, Registration Number 2000/003590/07 (FIAS License number 14985) and approved as an administrator in terms of Section 138(1) of the PFA.
The employer shall each month deduct from the remuneration of each employee as defined in the Rules an amount equal to 4% of the specified monthly remuneration of such employee in terms of Rule 4.1 (1) and 4.1 (2).
The employer shall also contribute 4% of the employee's prescribed monthly remuneration in terms of Rule 4.2(1). These total contributions, i.e. employee and employer shall be forwarded each month in terms of Rule 4.4 to the Secretary of the Council, P.O. Box 1963, Roodepoort, 1725, not later than the seventh (7) day of the month immediately following the month in respect of which it is payable, together with a statement in such a format as prescribed in terms of Section 33 of the PFA.
No deductions shall be made or contributions paid in respect of absence on unpaid leave and absences owing to illness or injury on duty, where no payment is due to the employee by the employer in terms of any agreement or under any law.
Less than R10 000-20,33%.
All contributions received by the Council in terms of this clause shall be paid directly to the Fund.
Membership of the Provident Fund shall be compulsory for all employees, excluding casual employees, who are employed in the Hairdressing and Cosmetology Industry (Semi-National) and who are under the age of 55 as at date of commencement of such employment in terms of the Rules of the Fund and the Collective Agreement, as amended from time to time.
The members of the Council and its employees shall not be liable for any debts or liabilities of the Provident Fund and they are hereby indemnified by the Provident Fund against losses or expenses incurred by them in or about the bona fide discharge of their duties. The Fund currently has Fidelity Cover in place to cover the Trustees and officials dealing with the Fund.
4.1 Substitute the existing clause 22.
30 No.
HAIRDRESSING AND COSMI!TOLOGY SERVICES BARGAINING COUNCIL (a.
COH1RIBU110N SCHEDULES (a.u.
IEII'ecll,.
CATEGORY UNION/ AGENCY BARGAINING COUNC IL SICK PAY FUND Prov.
EOHCBS~ R291.00 EOHCB I Agency Fee R75.
Basic Hlllbllhmllllt "" R75.00 11 LM1 Module1 Rllll.OO R 12.00 R24.00 R9.37 R 18.73 R74.
11 LS6 Core Un~Standan:lt LIMII 3 R68.00 R 15.00 R33.00 R 10.64 R21.27 R65.
<fn>GOV-ZA.34483Gon610En.2012-02-10.en.txt</fn>
DEPARTMENT OF HOME AFFAIRS No.
In the exercise of the powers conferred by section 14(2) of the Refugees Act, 1998 (Act No. 130 of 1998), the Refugee Appeal Board has amended Rules.
To amend the Refugee Appeal Board Rules, 2003, so as to amend, insert and delete certain provisions and to provide for matters connected therewith.
"(a) day means a calendar day including Saturdays, Sundays and public holidays; and."
"3}. In the event of the Appeal Board setting aside the decision of a Refugee Status Determination Officer. the matter may be referred back to the Refugee Status Determination Officer."
Amendment of Rule 4 of the principal Refugee Appeal Board Rules, 2003 3.
an affidavit in which the reasons for appeal are set out and documents or certified copies thereof on which the Appellant seeks to rely; and such documents must be in duplicate.
The designated Appeal Clerk Refugee Reception Officer} shall record on the notice of appeal the date of lodgement of the notice of appeal.
The designated Appeal Clerk [Refugee Reception Officer] shall submit the notice of appeal together with copies of relevant documentation to the Appeal Board within 10 days after the notice of appeal is lodged.
4(1) [and Rule 4(2}].
Deletion of sub-rule 6 of the principal Rules.
Amendment of Rule 6(1) and (2) of the Refugee Appeal Board Rules, 2003 4.
Where an Appellant lodges a notice of appeal after the expiry of the period stipulated in Rule 4, the Appellant must serve [a written explanation] an affidavit with the notice of appeal showing good cause for the delay, supported by documentary evidence where appropriate.
Repeal of sub-rule 3 and 4 of Rule 6 of the Refugee Appeal Board Rules, 2003 5. Sub-rules 3 and 4 of the principal Rules are hereby repealed.
Amendment of Rule 7 of the Refugee Appeal Board Rules, 2003 6. Rule 7 of the principal Rules is hereby amended by a the substitution for Rule 7 of the following sub-rule: ".1. The Appellant and the Department of Home Affairs are parties to the appeal.".
the insertion of sub-rule (2): "2 The parties mYSt submit heads of arguments within 5 davs prior to the hearing.". "3. Where the Appellant is represented, service of the notice of hearing mav also be served on the Appellant's representative." Amendment of the heading of Rule 11 of the Refugee Appeal Board Rules, 2003 7.
"11. Postponement of~ hearing."
Amendment of Rule 12 of the Refugee Appeal Board Rules, 2003 8.
"Where an Appellant is duly served with a notice of hearing in terms of Rule 10 but fails to attend the hearing and has neither notified the Appeal Board nor given any satisfactory explanation [showing good cause] the Appeal Board [may dismiss the appeal subject to Rule 12(2) and (3)] will determine the appeal on paper.".
Amendment of Rule 13(3) of the Refugee Appeal Board Rules, 2003 9. Rule 13 of the Rules is hereby amended by the substitution in sub-rule 3 of the following words: ''The Chairperson may designate one or more members of the Appeal Board to hear and determine any appeal lodge.Q.
Deletion of sub-rule 4.
Amendment of Rule 18 of the principal Refugee Appeal Board Rules, 2003 10.
An appeal is deemed cancelled if the Appellant gives notice of withdrawal or cancellation of his appeal to the Appeal Board and/or the [Refugee Reception Officer] designated Appeal Clerk.
Repeal of Rule 19 of the Refugee Appeal Board Rules, 2003 11. Rule 19 is hereby deleted.
Amendment of Rule 20 of the Refugee Appeal Board Rules, 2003 12.
"[1.] Where the Appeal Board has conveyed its decision to the Appellant. the Appeal Board shall [, subject to Rule 20(2)) be functus officio.".
the deletion of sub-rules (2). (3) and (4).
Amendment of Rule 24 of the principal Refugee Appeal Board Rules, 2003 13 Rule 24 of the Rules is hereby amended by the substitution of the following words: These Rules may be cited as the Refugee Appeal Board Rules, 2003 as amended and shall come into operation on date of promulgation of these rules.
PLEASE TAKE NOTICE that the appellant) intends to appeal the decision of the Refugee Status Determination Officer (RSDO) rejecting his/her application for refugee status and for an order to grant refugee status.
TAKE NOTICE FURTHER that the affidavit ofthe appellant, attached hereto, which sets out reasons for this appeal, will be used herein.
Give reasons, in detail, why you disagree with the decision of the Refugee Status Determination Officer (RSDO) and all supporting documents. (If space is insnfficien t please use additional page(s)).
Signed and sworn before me this day the deponent having acknowledged that he knows and understands the contents of this affidavit, has no objection to taking the prescribed oath and considers the oath to be binding on his/her conscience.
<fn>GOV-ZA.34484492En.2012-02-10.en.txt</fn>
STAATSKOERANT, 25 JULIE 2011 No.
I, Ms Mamodupi Mohlala, the Commissioner of National Consumer Commission, hereby publish final enforcement guidelines, relating to the internal enforcement functions of the Commission in order to give effect to Consumer Protection Act, 2008 (Act No 68 of 2008).
The Act means the Consumer Protection Act 68 of 2008.
The Commission means the National Consumer Commission established in terms of Section 85 of the Consumer Protection Act 68 of 2000.
Court means any court of law with the requisite jurisdiction established in terms of an applicable legislation, but does not include a consumer court.
Inspector means a person appointed in terms of Section 88 of the Consumer Protection Act 88 of 2008 to carry out investigative functions of the Act.
Investigator means a person appointed in terms of Section 88 of the Consumer Protection Act 88 of 2008 to carry investigative functions of the Act, and includes any person appointed on a contractual basis.
Minister means the Minister of the Department of Trade and Industry, who as a member of the Cabinet is responsible for consumer protection matters.
Tribunal means the National Consumer Tribunal established in terms of Section 26 of the National Credit Act 34 of 2005.
These Guidelines have been developed with the aim of providing an operating framework by which the National Consumer Commission may carry out its mandate in terms of the Consumer Protection Act, 68 of 2008. The Guidelines cover a wide range of issues, from how the NCC will enforce the Act, up to how various essential processes and procedures will be carried out.
The National Consumer Commission (NCC) is a juristic body established in terms of the Consumer Protection Act. It is headed by a Commissioner who is appointed by the Minister of Trade and Industry.
Identify national or provincial legislation, or regulations that affect the welfare of consumers, in relation to laws that govern matters affecting consumers; and consistent with the purposes of the CPA develop proposals with the purpose of reforming current legislation.
identifying any practice that is inconsistent with the purposes and policies of the CPA; and developing proposals for reform of any such practices; and reporting from time to time to the Minister with recommendations for achieving the progressive transformation and reform of practices contemplated in this section.
STAATSKOERANT, 25 JULIE 2011 No. 34484 1.
The Commissioner is responsible for all matters pertaining to the proper functioning of the NCC and is also the accounting authority for the NCC.
all assets, and the discharge of all liabilities of the NCC; and the proper and diligent implementation of the Public Finance Management Act, 1999 (Act No. 1 of 1999), with respect to the NCC.
The Commissioner may in addition assign management or other duties to employees with appropriate skills to assist the NCC in the management, or control over the functioning of the NCC; and delegate, any of the powers or functions of the Commissioner to any suitably qualified employee of the NCC.
refer to the Competition Commission any concerns regarding market share, anticompetitive behaviour or conduct that may be prohibited in terms of the Competition Act, 1998 (Act No.
refer matters to the Tribunal, and appear before the Tribunal; and refer alleged offences in terms of this Act to the National Prosecuting Authority.
This section of the document highlights the manner in which the NCC will deal with complaints received. As indicated in the Act, the NCC will be required to investigate and evaluate alleged prohibited conduct. Such conduct is spelt out in the CPA and will emanate from complaints lodged by consumers.
The investigation component is critical to the enforcement function of the NCC. Before an investigator is able to understand the investigation process that the NCC will follow in conducting investigations, they must ensure they are well conversant with all aspects of the Act.
2.1 What is a Complaint?
A complaint will comprise of an allegation that a consumer's rights in terms of the CPA have been infringed, impaired or threatened; or that prohibited conduct has occurred or is occurring. Such a complaint must be lodged in the prescribed form.
2.2 Who Can Lodge a Complaint?
In terms of the CPA, any person to whom goods or services are marketed in the ordinary course of a supplier's business; or any person who has entered into a transaction with a supplier in the ordinary course of the supplier's business, can lodge a complaint with the NCC. Consumers include franchisees and businesses that fall within the ambit of the threshold stipulated in the regulations.
The NCC itself may directly initiate a complaint or an investigation concerning any alleged prohibited conduct.
a person acting in the public interest (in this instance such person can only lodge the complaint with leave of the Tribunal or Court, as the case may be); and an association acting in the interest of its members.
A person who lodges a complaint is referred to as the complainant, whereas the person against whom the complaint is lodged is referred to as the respondent.
Against whom may a Complaint be Lodged?
an individual, a juristic person, a partnership or trust, an organ of state, an entity owned or directed by an organ of state, a person contracted or licensed by an organ of state to offer or supply any goods or services, a public private partnership in the ordinary course of business, a club, trade union, association, society or other collective, whether corporate or unincorporated, of persons voluntarily associated and organised for a common purpose or purposes a body or entity provided elsewhere in the Act.
Where the respondent's principal office is situated outside the country, the NCC still has jurisdiction, provided that the prohibited conduct was committed within the Republic of South Africa.
Every transaction occurring within the Republic unless exempted.
The promotion or suppll of any goods or services within the Republic unless those goods or services have been exempted.
Goods or services supplied in terms of a transaction irrespective whether these are offered or supplied in conjunction with any other goods or services or separate from any goods or services.
If goods are supplied in terms of an exempt transaction as provided for in section 5 (5) of the Act, the importer, producer, distributor and retailer of those goods respectively are still subject to sections 60 and 61. These sections relate to safety monitoring and liability for damage caused by goods.
Goods or services that are subject to the National Credit Act. whilst the NCC has no jurisdiction over the credit agreement itself' it would still have deal with contraventions arising from the goods or services that are the subject of the credit agreement.
is a public-private partnership; or is required or licensed in terms of law to avail the goods and services to the public.
Which are exempt.
Which relate to exempt goods or services.
Relating to goods and services promoted or supplied to the State.
Rand 6 A credit agreement in terms of the National Credit Act. 7 Services that are supplied in terms of an employment contract.
Labour Relations Act.
STAATSKOERANT, 25 JULIE 2011 No. 34484 17 2.
refer the matter to the applicable Ombud with jurisdiction, if the supplier is subject to the jurisdiction of any such Ombud; or if the matter is not in the jurisdiction of an Ombud then it may be referred to an accredited7 industry Ombud provided the supplier is subject to the jurisdiction of that Ombud.
refer the matter to another alternative dispute resolution agent8; or file a complaint with the NCC in accordance with CPA 9 approach a court with jurisdiction over the matter, if all other remedies available to that person in terms of national legislation have been exhausted.
6 Section 69 7 In terms ofsection 82(6) 8 Section 70 9 Section 71 2.
A notice of non-referral10 may be issued by the NCC to the complainant. The notice must be in the prescribed form.
in the case of a course of conduct or continuing practice, the date that the conduct or practice ceased.
is against any person that is, or has been, a respondent in proceedings under another section of this Act relating substantially to the same conduct.
If the Commission issues a notice of non-referral in response to a complaint, the complainant may refer the matter directly to the Consumer Court or the Tribunal.
The Alternate Dispute Resolution (ADR) and Investigation processes to be adopted by the NCC are hereinafter discussed in detail.
Complaints are received from consumers, consumer NGOs and/or any person or entity acting on behalf of consumers.
Upon receipt and escalation of the file, the Manager will implement a process of Assessment and Allocation.
Resolution 1.2.
validity and problem-type and allocate the file to officials for negotiation a.nd conciliation.
The Manager will allocate the complaint to the appropriate official upon receipt.
As a rule, the NCC may direct an Investigator to investigate the complaint as quickly as practicable. At any time during an investigation, the NCC may designate one or more persons to assist the Investigator conducting the investigation.
It may not be possible for the NCC to investigate every matter depending on whether such matters follow the investigation criteria set by the NCC.
Notices of Non Referral will be issued in consultation with management in the CHU. The reasons for issuing the notice must be objective and all other alternatives must be ruled out before the notice is issued.
Managers in the unit will moderate information contained in all notices before they are issued.
Draft letters will be referred to the Commissioner's office for approval and signature.
The unit will establish Referral Protocols with Provinces, Regulators, Ombudschemes and ADR Agents. Referrals will be to such entities in accordance with the referral protocols.
Referrals will be in writing and will include all documents received from the complainant.
STAATSKOERANT, 25 JULIE 2011 No. 34484 23 complainant.
Contact details of the person handling the matter.
Where insufficient information has been provided: request the complainant to furnish further information. If the information provided by the complainant is not sufficient to enable officials to determine the core of the complaint, the official must contact the complainant to request further information. The request for additional information can be done telephonically or in writing depending on the appropriate mode of correspondence stated by the complainant in the complaint form.
Where the complaint is perceived as complex: request the intervention of an independent expert or mediator.
The complainant will be given a sufficient time to provide the required information.
Should the complainant fail to provide the required information the official should conduct a final follow-up.
Should the complainant still not furnish the additional information the official should record the action and close the file.
When all the facts and all supporting information relating to the complaint have been obtained, the facts in dispute must be analysed in terms of the law, primarily the Act. Analysis of the facts may take into consideration any other national legislation, any treaty, international law, convention or protocol.
harm the consumer may suffer if the matter is delayed.
STAATSKOERANT, 25 JULIE 2011 No.34484 25 3.
telephonic mediation, written mediation, and or face to face conciliation.
In this method the telephone will be used.
During telephonic conciliations the official must begin by introducing her/himself and must provide a brief background of the function of the Commission generally and the Complaints Handling Unit in particular. He/ She should then request to speak to a person with the authority to make decisions. He/ She must record the name, position and all relevant details in the initial conversation.
As a conciliation method, use of the telephone is quicker, and it has low cost implications for both the consumer and the business.
It is effective for less complex complaints and in instances where the respondent's business is co-operative.
The official must then furnish a summary of the complaint and the redress sought by the complainant e.g. refund and/or repair etc.
S/he should provide the respondent with the opportunity to respond to the allegations. The respondent must be allowed to suggest possible methods of resolving the complaint.
confirmation is sent to both the consumer and the respondent/business for reference purposes.
Where appropriate, a settlement may be processed so as to generate a Consent Order in terms of section 7 4 of the Act. In the event where there is no settlement and there are reasonable grounds that a business has engaged in a prohibited practice, the complaint may be escalated for the purpose of obtaining a Compliance Notice in terms of section 100 of the Act.
The appropriate corrective action will be determined on a case by case basis but may include, inter alia, that the respondent sign a written undertaking to remedy the matter complained about.
If the respondent agrees with one of the remedies suggested by the complainant, i.e. refund or repair, the official· should thank the respondent and advice that a written confirmation of the offer will be sent to both the complainant and the respondent, including a Consent Order. The official should then end the call.
Written conciliation is appropriate where either the consumer or the businesses are, not in close proximity to the office or of each other.
STAATSKOERANT, 25 JULIE 2011 No.34484 27 of the original complaint (but take caution to exclude offensive statements) and request a response.
The first written correspondence to the respondent must include a statement to the effect that a formal conciliation process may follow, in the event that the complaint is not resolved amicably. The letter is sent to the respondent, Tele-fax or e-mail communication is encouraged because receipt is immediate.
Should the response be an offer to settle the complaint, the official will notify the complainant in writing and attach correspondence from the respondent. If settlement is accepted it will be confirmed in writing. A copy of the confirmation is sent to both the consumer and business for reference purposes.
In the event that the complainant is not satisfied with all the offers made by the respondent, the official must decide, in consultation with the managers, the reasonableness of the refusal by the complainant to accept the offer and may suggest other possible remedies.
In the event that the respondent does not agree with the remedy suggested or disputes the allegations, the official must advise the complainant of the deadlock and/or dispute of fact which results in the matter not being capable of resolution.
In circumstances where the response is not forthcoming, the official should conduct a follow-up by telephone, i~ more time is requested the official will provide an additional period.
NB: Guidelines and Procedures for the Conciliation of Complaints in the National Consumer Commission marked ADR Guidelines are attached.
Conciliation conferences should be held at the Commission's offices. However, they may also be held at the respondent's offices or at a venue agreed upon by both parties. Conciliation conferences at the respondent's place of business can be used in complex cases. During the conciliation session the official should . assist the parties reach a settlement by finding common ground.
Complaints Handling Unit.
position of the person on the other end of the line. Ideally officials should request to speak to the senior official of the company who would be able to take decisions. The official will then request to visit the premises of the respondent for a mediation meeting.
On the day of the visit .. the official must advise the respondent about the complaint and the redress sought by complainant i.e. refund and/or repair etc. He/she should provide the respondent with the opportunity to respond to the allegations. The respondent must be allowed to suggest possible methods of resolving the complaint. The official should also probe for other possible offers in the event that the complainant is not entirely satisfied with the offer.
In instances were the respondent is conducting a prohibited practice, the official must inform the respondent of the CHU's view that the business might be conducting an unfair business practice.
STAATSKOERANT, 25 JULIE 2011 No.34484 29 explain the consequences of the contravention and the sanctions that can be imposed. In the event that there can be no settlement reached and there is reasonable ground to believe that a business has eng~ged in a prohibited practice, the complaint may be escalated for the purposes of obtaining a Compliance Notice in term~!Section 100.
When a settlement is reached the officiaJ should end the mediation conference. The Settlement Agreement will be prepared and sent to both parties for reference purposes. The written agreement must be sent within two (2) days. Details of the respondent will be referred to the Education and Compliance Unit that will assist the company involved in the prohibited practice to comply.
In the event that the parties fail to reach an agreement, the official must prepare a report on the reasons for the failure to resolve the complaint and submit it within two 2} days to the Manager.
a written letter to the complainant advising that the matter is incapable of resolution and that legal recourse through the courts is recommended.
Employment of services of independent conciliators in cases where questions about impartiality of the NCC may impede the success of a mediation process or complexity of the case in question.
Employment of services of experts to assist in analysis of disputed facts in conciliation processes.
In mass complaints where face to face conciliation against a respondent will not be suitable since all the complainants have a similar dispute against the respondent.
In the event that a respondent fails to co-operate with the usage of civil means of communication; summons in terms of the Act may be used to bring the respondent to an audience with the Commission.
After a settlement has been reached the official must confirm the settlement in writing. This applies in the case of all mediation methods used. This phase is vital for record purposes and it is also important for the parties to have documented proof of the settlement reached.
· Refer the matter to the Investigations Unit.
Refer matter to the NCT or issue a Compliance Notice The official must then update the case file and close it.
If the allegations are that a prohibited practice is being conducted then the matter must be escalated to Consumer Investigations. The official must provide a brief Escalation Report. The official must then advise the complainant of the escalation and explain the process in terms of the Consumer Protection Act. . In the event that there are other available remedies i.e. or legal remedies via the courts, the official must inform the complainant accordingly. In the event that a settlement is not reached and there is reasonable ground to believe that a business has engaged in a prohibited practice, the complaint may be escalated for the purposes of obtaining a Compliance Notice in terms of Section 100.
This action should be followed by a written confirmation that the matter is incapable of resolution and would be escalated to the Consumer Investigations Unit and/or referred to other relevant bodies, whichever is applicable. The official must then update the case file, escalate it for investigation and close the file.
In the event that a Settlement Agreement has been obtained from the respondent a period of time may be allowed, to ensure that the respondent honours the settlement; failing which the matter shall be escalated for the purposes of obtaining a Consent Order to be issued and confirmed by the National Consumer Tribunal.
An Escalation Report should be prepared in order that a decision to escalate the matter is made. The Report should be brief and must contain details of both the complainant and the respondent. There should be a summary of the complaint and a break down be made of actions taken in attempting to resolve the matter. The reasons for concluding that the complaint is incapable of an amicable resolution should be clearly indicated.
All matters either escalated from the Complaints Handling Unit or are received by the Investigations Unit of the NCC will be screened by the Investigations Unit.
Screening meetings will be held at least once (1) per week and as often as may be necessary.
which enquiries the NCC should investigate, what further action is required to enable a more informed analysis of the possible breach.
threatened; and or whether there is an allegation of prohibited conduct (Chapter 2 and regulations) that occurred or is occurring.
Another important aspect to the screening phase is the determination of the profile of the person who has lodged the complaint.
a person who has done so on behalf of the consumer provided the consumer cannot act in his/ her own name.the intention here is to dissuade consumers from seeking costly legal assistance on consumer complaints.
a person acting in the public interest and if so, with leave of the tribunal or court an association, and if so, whether the association is acting in the interests of its members.
The complaint to the NCC be filed in the prescribed form.
The Regulations contain the said form and all complainants should be encouraged to follow this requirement.
It should be noted that the NCC, in terms of Section 71 of the CPA, is also permitted to initiate complaints.
Authority or an accredited Consumer Protection Group.
It is at the screening phase (on receipt of a complaint) that a decision has to be made whether to pursue the complaint or not. A decision may be made not to pursue the complaint even where an apparent contravention exists. This would occur with complaints that do not meet the NCC's Enforcement Criteria.
The Enforcement Criteria are the sets of factors or principles that the NCC uses in order to arrive at a decision as to whether to commence and continue with an investigation. The Enforcement Criteria give an indication of what the most appropriate type or types of enforcement action should be.
The Enforcement Criteria give an indication of what the appropriate response should be in each case.
The Enforcement Criteria provide standard. objective factors against which to measure the complaints received and issues raised.
The different Provinces may also have priority areas that they would want to enforce.
Those attending the weekly screening meetings are responsible for determining the appropriate action that must be taken in each enquiry.
In order to assist the NCC determine whether a complaint that has been lodged in accordance with the CPA, is indeed a matter that is appropriate for investigation by the NCC, certain enforcement criteria, amongst others will be considered.
Likewise, a decision not to investigate a complaint will be made by the NCC and will be based on several factors or criteria.
(NCC can co-operate or conduct a joint investigation within or between Provinces).
strategy, to apply a particular sanction to all conduct of the kind alleged.
the alleged conduct is in breach of a NCC enforcement priority area or a current NCC strategic enforcement program.
Competition Commission, Credit Bureaux or other similar authorities.
When a complaint is received it is imperative that the issue that comes to the fore must be of such weight, significance and or importance as to warrant an investigation.
quantum of financial loss or other detriment suffered by the consumer(s).
prevalence of the alleged prohibited conduct.
the conduct is systemic; deliberate and not inadvertent; a blatant or flagrant breach.
the complaint is not trivial and/or a technical breach without harm.
STAATSKOERANT, 25 JULIE 2011 No.34484 37 5.
any special circumstances attached to.
the alleged offender has been the subject of previous enforcement action by NCC.
legislative requirement for NCC to undertake an investigation.
Once a matter has been assessed against the aforementioned criteria, it is prioritised as high, medium or low. The level of priority determines the appropriate enforcement outcome. Not all criteria need to be met in order for a specific priority to be attributed. The NCC will also use its discretion in allocating priority.
If a notice of non referral is issued to the complainant it has to be done in the prescribed form as contained in the regulations.
If the weekly screening meeting concludes that a notice of non referral must be issued, the enquiry is recorded in the minutes as notice of non-referral.
A brief letter signed by the Commissioner explaining why the matter will not be investigated further is prepared and issued to the Complainant.
So that the parties could attempt to resolve the dispute in terms of Section 70 of the CPA. However, such a referral is not permitted if the attempt at resolving the matter was unsuccessful and where an ADR agent was used; or where a notice was issued by the ADR agent to the effect that the ADR agent has failed to arrive at an amicable resolution.
If the weekly screening meeting concludes that it is more appropriate for the alleged conduct to be handled by an ADR agent; Provincial Consumer Protection Authority; or Consumer Court the enquiry is recorded in the minutes as Referral to ADR agent; Provincial Consumer Protection Authority; or Consumer Court.
The enquiry is referred to the relevant entity by the relevant component of the NCC who then advises the complainant to contact that entity and thereafter monitors progress.
If the weekly screening meeting concludes that it is more appropriate for the alleged conduct to be handled by another enforcement or regulatory agency who has jurisdiction over the matter, the enquiry is recorded in the minutes as ADR Referral to Regulator! Agency together with the details of the party to whom the matter is referred. The enquiry is referred to the relevant entity of the NCC who then advises the complainant to contact the relevant entity and thereafter monitors progress.
A referral is not merely a simple forwarding of a matter to the relevant person or entity. Any referral has to be done in accordance with the NCC's Referral Policy and Procedures. The monitoring of such referrals is crucial. Such monitoring will occur in terms of the Monitoring Policy and Procedures of the NCC.
If the weekly screening meeting concludes that it is likely that a breach of the CPA has occurred and that the matter be investigated by the NCC, then the enquiry will be assigned to the Manager; Investigations. The Manager will be responsible for assigning the enquiry to an investigator.
If the complainant does not accept a Screening Meeting decision with regard to an enquiry, then the matter is placed on the agenda for the next Screening Meeting for reconsideration. If the decision following the reconsideration is the same as the previous one, then full reasons will be provided to the complainant in a letter signed by the Commissioner.
·Once an investigation is assigned, the complainant is contacted telephonically to verify the complaint and for the Commission to acknowledge receipt thereof. This verbal acknowledgement is immediately followed up with a written acknowledgement of receipt.
The inspector/ investigator also assesses and considers the complaint as to be discussed at a case discussion meeting. The inspector/investigator must update the case management system and ensure that it is updated at every step.
prepare an Initial Screening Report upon receiving the complaint.
propose a Compliance Notice.
Whether the Respondent has engaged in a prohibited conduct.
NB: an explanation of Prohibited Conduct is to be found in Chapter 2 of the CPA and in the Regulations.
Complaints will be dealt with, in a manner provided for in terms of Section 72 of the Act.
Case discussion meetings are held once (1) a week.
progress and direction of existing investigations and, any other case related issues.
on new complaints is canvassed It is imperative that the personnel from the legal Unit be invited to case discussion meetings.
This Progress Report is provided to Exco upon receipt of a new complaint. The Report to Exco is a synthesis of three processes, namely, the Screening Report, the input from the inspector (primarily the verification of the complaint) and, the input from the Division staff at the case discussion meeting.
Confidential information will not be made available to the public except to the NCC management, experts appointed by the NCC, external conciliators and Exco. The Progress Report will be based on the report to Exco. It will contain regular updates on the status of the investigation. Reports on status involve short statements, such as example "request for information from complainant sent on a particular date." Updates will be done by the inspectors and the full report on all cases will be compiled on a monthly basis. This Report will contain very brief descriptions of the matter and the current status of all open investigations. The Report is restricted information and will be available on the intranet/ case management system to all NCC staff for their information and for incorporation into the reports of the NCC.
Once the inspector has formed a preliminary opinion as to whether he/she should recommend a non-referral, he/she writes to the complainant setting out the reasons for the non-referral. The complainant is then requested to give input within one to two weeks. The inspector takes that input into account when preparing the final report to Exco.
Evidence will be gathered by the investigator.
C. It is envisaged that the NCC will often make use of summonses which it is empowered to issue in order to gather evidence. This is more fully dealt with later in this Part.
It will be the investigator's task to relate the law to the facts in each matter. Relating the law to the facts simply means that there has to be a comparison of each element of the breach with the facts as revealed throughout the investigation. Some facts will prove of one element only, while some may assist in the proof of more than one element. Some facts may not assist in the proof of any element and are therefore irrelevant material which can be ignored.
It is helpful to write a list of the elements of each breach and, next to that list, itemise the facts that assist in its proof. By carrying out this exercise an investigator is immediately alerted to any potential deficiencies in proving any breach. One can then identify any further investigation which must be undertaken in order to complete the proof. This is commonly known as a 'liability sheet'.
If the facts already on file are sufficient to prove each element of a breach then establishing liability is straightforward. If not, seek additional facts required and if such additional facts have been exhausted and cannot be established, then cease with the investigation into that breach.
One would normally only choose to end a low priority investigation after having consulted with the Supervisor or Manager. However, it may still be in possible to issue a Consent Order if the evidence gathered supports this level of action.
For a routine investigation one would be able to issue a Compliance Notice or enter into an agreed Consent Order.
It will often be found that no one fact will prove an element of a breach. Usually, the accumulation of several facts or pieces of evidence will assist in establishing or providing proof. Sometimes none of the facts will directly prove the element of the breach. However, when all th~ facts are put together they may constitute a strong inference leading to the conclusion that the element is proved. Such facts are known as a preponderance of possibilities and it is perfectly acceptable to prove an element of a breach of conduct in this way. Remember also that the inference must be sufficiently strong to prove the case.
Thus the CPA creates a number of defences that may be available in respect of breaches under the Act. The CPA often, for example, states that it is not a contravention of section if' Those defences define circumstances which, if the Respondent proves them, provide a defence against the alleged. breach. Such justifications, if available, must be reported on.
Once an investigation is completed and an action or an NCC settlement is proposed, a detailed Investigation Report must be prepared. The primary purpose of an Investigation Report is to aid the Enforcement Division of the NCC in making a decision as to the appropriate enforcement action to be taken. The Investigation Report provides the Division with the Investigator's recommendations as to the appropriate enforcement action that should be taken. The Report includes clear and concise information in support of the recommendations made.
the appropriate resolution any further action required e.g. where referral to the Tribunal is the recommended outcome, the recommendations should include appropriate guidance to the Legal Unit.
The report and the recommendations made in it should be objective and legally precise. This is the case even though a good investigation usually starts out with some basic facts mixed with intuitive feeling. Thc;it initial approach is gradually refined to indicate liability through a more robust and objective analysis of the facts.
For routine investigations, one would not normally prepare a detailed report but this may be warranted in many cases. However, where a report is not prepared for routine investigations, a summary in the form of a memorandum is required. Regardless, one should still reach a conclusion and make a recommendation to the Manager as to how the investigation should be resolved.
any other issues that may be of interest to NCC, e.g.
reference and disposal of evidentiary material; and confirmation of redress being provided by the supplier to the consumer, where relevant.
Unless an investigation is extremely serious, complex or requires briefing at a more senior level, a formal memorandum can be replaced with a shorter, dot point, reporting style that still addresses the above criteria, as long as appropriate file notes are maintained during the course of the investigation.
The following recommendations may be made by an investigator.
A. Consent Order If, after an investigation, sufficient evidence is available to support a clear finding that the Respondent has engaged in prohibited conduct then a Consent Order can be considered and proposed, provided that, such matter falls within the Consent Order Strategy of the NCC operating at the time in question.
A Consent Order is an agreement which is drafted in the form of an order to be confirmed by the NCT or Court. The parties to such an order will be the Respondent and the NCC and not between the Respondent and Complainant.
The form of the Consent Order that is proposed must be drafted in line with the pro forma approved by the NCC. There is no need to consult with the complainant when concluding a draft Consent Order as the complainant is not a party thereto.
In terms of the CPA 11 a Consent Order can include an award of damages. This award can only be included if the Complainant consents thereto.
STAATSKOERANT, 25 JULIE 2011 No.34484 49 consent of the Complainant will have to be acknowledged. Presumably this can be done on the draft order itself or on a separate document but with reference to the draft order.
An award for damages is not a matter that must be trifled with and must be approved by the Legal section of the NCC prior to the. Respondent appending a signature thereto.
Ordinarily, neither the NCC nor the NCT has the power to award damages. Caution must be exercised in the inclusion of damages in a draft order.
an offer made to the respondent will be tabled to the complainant.
In case a dispute arises between both the respondent and the complainant on the offer so tabled, the matter will be referred to an ADR agent.
Since the order is entered into between the NCC and the Respondent it would follow that it must be approved by the NCC. Thus, the investigator/ inspector will propose a draft consent order, in consultation with the parties. It is critical that the Respondent and Commission agree to the proposal. If either party does not agree there cannot be a Consent Order. At all times, it must be explained and understood by the parties that it is a draft and that it is subject to the approval of the NCC and then further subject to it being made an order by the NCT or a court. The draft order is then submitted to the Manager Investigations who will present this to the Legal section of the NCC in accordance with the approved processes followed in such circumstances.
Thereafter, the matter is submitted by the Head of Enforcement to the Executive Committee for their input, deliberations, approval or rejection.
All Consent Orders will be signed on behalf of the NCC by the Commissioner or by any other duly delegated employee of the NCC.
It must be remembered that suppliers and service providers conduct their business through various types of entities-sole proprietorship, partnership, close corporations, private and public companies, not for profit entities etc. For a Consent Order to be effective, it must be confirmed that the person signing as Respondent or on behalf of the Respondent is duly authorized to do so.
In order for the Consent Order to be confirmed by the NCT or a court, there must be an application, presumably made by the NCC to the NCT. The legal section of NCC will deal with this aspect once the Consent Order is signed.
If the NCT suggests changes that must be made to the draft order before it can be made an order these changes have to be canvassed with both the Respondent and the NCC. Both the parties must agree. If there is no agreement then the assumption is that there can be no Consent Order.
Investigators must ensure that their investigation diaries, files, including evidence therein are in order as this will be the reference point when the NCT requires evidence to be adduced prior to making an order . . It cannot be assumed that the NCT will merely confirm a proposed order.
If the Respondent is keen on a Consent Order, it does not necessarily mean that the NCC must then enter into a consent arrangement with the Respondent. There will be times when it may not wish to do so. Guidance must be sought from senior personnel in the Unit.
Proposed Consent Orders must be recorded on a Consent Order Register upon the Respondent's signature and updated until the order is finalised.
If a consent order is not entered into then the issuing of a Compliance Notice may be considered. The case management system must be updated.
A Compliance Notice is issued in terms of Section 100 of the CPA 12. This notice can only be issued if a provision of the CPA has been breached, in other words, if the Respondent has engaged in prohibited conduct.
it must on reasonable grounds believe that a person has engaged in prohibited conduct l The consultation with the regulator is firstly to inform the regulator that the NCC intends taking action against its member or licensee; and secondly to allow the regulator to make representations in relation to the impending proceedings. Thus, if there are complaints against an attorney or an estate agent, the NCC will consult with the Law Society or Estate Agency Affairs Board respectively.
Until it is proved otherwise regulated entity will refer to an entity regulated by a statutory regulator, that is, one established in terms of an Act of Parliament.
In order to justify or establish a belief, on reasonable grounds, the NCC will need evidence of the breach. Such evidence will usually be available subsequent to an investigation being concluded. A recommendation that a Compliance Notice to be issued will mainly emanate from the investigator/ inspector.
any penalty that may be imposed in terms of the CPA if those steps are not taken.
The Compliance Notice will be drafted hy the Investigator/ Inspector checked by Legal and then issued together with an Investigation Report to the senior official in the unit. The matter will be canvassed at the NCC Exco. If approved, it will be signed by the Commissioner or duly delegated employee, recorded in the Compliance Notice Register and then despatched in an appropriate manner.
Upon receipt of the Compliance Notice, the respondent may approach the NCT or a court for it to be reviewed. If it is not set aside then compliance therewith must be monitored.
It is possible that there could be a number of reviews to the NCT relating to the notice period. Certain respondents could use the review by NCT to simply buy more time. This could result in matters clogging up the NCT rolls or delaying the work of the NCC.
To avoid this it is advisable to issue, with the consent of the NCC, a draft notice to the Respondent, for a response thereto within 5 (five) days. The response must clearly indicate the issues in dispute together with sound proposals on the resolution of the dispute. If there is no response then the Compliance notice is issued immediately after the expiry of the 5 days. If any response is received then this must be canvassed immediately with the senior manager.
In the event that there is a response to the effect that a dispute exists then the matter must be referred immediately to the senior officer with a recommendation for an acceptance or a rejection of the proposals made by the Respondent. The senior manager or officer will refer the matter either to the Legal Division or to EXCO depending on the circumstances. Thereafter, a directive will be issued as to how to proceed with the Compliance Notice.
l Once a Compliance Notice has been issued, compliance thereto must be monitored. In order to monitor compliance, the Investigator/ Inspector will create a checklist that reflects the various compliance elements required within the notice and make the necessary arrangements to verify compliance following the expiry date of the Notice.
NCC issues a Compliance Certificate.
NCC applies to the Tribunal for a fine to be imposed.
NCC refers the matter to the National Prosecuting Authority for prosecution as an offence in respect of any particular Compliance Notice. (Cannot impose an administrative fine and prosecute at the same time).
If there is full compliance and this has been verified and proof thereof is available, the findings must be included in a Compliance Report with proof of compliance included therein. In addition a draft Compliance Certificate must be included for the Commissioner's signature. The report must be submitted to the senior within 3 days calculated from the first working day following the expiry of the compliance notice period.
The despatch of the notice must be verified, a copy of the notice must be included in the file and the file must be closed.
At all times the case management system must be updated.
STAATSKOERANT, 25 JULIE 2011 No.34484 55 14.
Apart from recommending a Consent Order or a Compliance Notice, it may also be recommended that the matter, after investigation be referred to the NCT. This will occur primarily where it is felt that neither a Consent Order or Compliance Notice is to be issued. This could occur when there may be a need for the NCT to impose a penalty as proposed in the Act.
l If Exco and the NCC accept the referral recommendation, the matter is taken to the Tribunal. The matter then gets transferred to the Legal Services Division of the NCC.
When the matter is referred to the National Prosecuting Authority; if the Commission alleges that a person has committed an offence in terms of this Act (for offences refer to 11 O)Y The matter will be dealt with under the Criminal Procedure Act.
Promotion of Equality and Prevention of Unfair discrimination Act.
When the Consent Order that has been agreed to is signed by the parties and submitted to Legal Services before it is confirmed by the NCT.
When the matter is referred to a Consumer Court of the Province in which the supplier has its principal place of business.
When the matter is referred to the Tribunal for the imposition of an administration fine in terms of Section 73(2)(b).
Investigation matters are/ will be divided into three categories i.e. Non-Complex, Complex and Exceptional Matters.
(i). Non-Complex Matters are those matters that after investigation a Commission may issue a non-referral in terms of Section 116, a referral to the Provincial Court in terms of Section 73(2), a referral to Equality Court in terms of Section 73(1)(i).
Usually matters of a non-complex 'nature are decided on the presentation of facts whether without or with minimal evidence.
(ii).
Administration Fine. Complex Matters will be decided mainly on the evidence gathered.
(iii). Exceptional Matters are those matters that after investigation, the Commission will issues a Compliance Notice; agrees to a Consent Order; refers the matter to the National Prosecuting Authority, or applies to the Tribunal for the imposition of an Administration Fine. In these matters, the evidence gathering exercise relies on external forces i.e. court order for search and seizure, warrants to enter premises.
Turnaround times for purposes of conducting an investigation cannot be categorically or specifically be decided as each case will vary on the duration of the various actions that are to be taken. There will be instances where finalization is delayed as a result of factors outside the control of the officials and the Commission.
Complex and Exceptional Matters -Agree to issue Consent Orders, or issue Compliance Notices or refer the matter to the National Prosecuting Authority (NPA) and apply to the Tribunal for the imposition of an administrative fine.
Beginning of Investigations -at this stage the Investigator starts the investigations by gathering and assessing evidence, consulting with experts, product testing, interviews, inspection, summons etc.
Receive a file, assess the information. Acknowledge receipt and request further information.
Status Report-prepare a Status Report on the findings of the investigation as well as the recommendations. The Status Report should recommend either a referral, non-referral, issuance of Compliance Notice, agree to a Consent Order or apply for imposition of an administrative fine. Compliance Notices must be monitored to ensure that compliance is adhered to.
A debrief will be held as soon as possible after the conclusion of the Investigation.
A debrief should also be held after significant phases have taken place such as the execution of a search warrant and/or after an investigated party's interview.
The form that the debrief takes will depend on the nature of the investigation. The form could range from a formal meeting to an informal chat. Whatever the form of debrief, it should serve as a learning exercise and incorporate discussion as to the good and bad aspects of the investigation. The focus of the debrief should be on reviewing the way in which the entire process was implemented, how effective it has been, what has worked well and what could have been done differently the next time, as well as what those involved have learned.
Some debriefs will result in a documented account of the debrief, including any learning to be taken from the investigations.
The debrief may involve any Divisions that manage larger investigations and in which litigations are on the whole, successful.
Debriefing must be documented in a file and kept for future reference.
The establishment of a person's liability for breach of the CPA comes about as a result of a well conducted investigation. Although others may provide guidance, it is the Investigator's role to conduct the investigation and reach an outcome. The primary role of Counsel for the NCC is to present the evidence obtained by the Investigator to the relevant forum.
Why will summons be issued?
at a time and place specified in the summons.
It may be served in the same manner as a subpoena in a criminal case issued by the magistrate's court.
May retain any such book, document or other object for examination, for a period not exceeding two months, or for such longer period as the Tribunal, on application and good cause shown, may allow.
No self-incriminating answer given or statement made by any person to the NCC, or an inspector or investigator exercising powers in terms of this Act, will be admissible as evidence against that person in criminal proceedings against that person instituted in any court, except in criminal proceedings for perjury or in which that person is tried for an offence contemplated in section 108 (3) or 109 (2)(d), and then only to the extent that the answer or statement is relevant to prove the offence charged.
Executing a search warrant causes a person's interests rights and interests to privacy, property, confidentiality, personal freedom and dignity to be overridden. It is therefore not something to be done lightly, nor without a full understanding of the seriousness of the action.
Who can issue a Search Warrant?
A judge of the High Court or a magistrate may issue a warrant to enter and search any premises that are within the jurisdiction of that judge or magistrate.
When can a Search Warrant be issued?
that anything connected with an investigation in terms of the Act is in the possession of, or under the control of, a person who is on or in those premises. A warrant to enter and search may be issued at any time.
Requirements for a Valid Search Warrant A search warrant must specifically l identify the premises that may be entered and searched; and authorise an inspector or a police officer to enter and search the premises and to do anything listed in section 104.
A warrant to enter and search may be executed only during the day, unless the judge, regional magistrate, or magistrate who issued it authorises that it may be executed at night at a time that is reasonable in the circumstances.
A person authorised by the warrant may enter and search premises named in that warrant.
provide identification to that person and explain to that person the authority by which the warrant is being executed; and hand a copy of the warrant to that person or to the person named in it; or if none of those persons is present, affix a copy of the warrant to the premises in a prominent and visible place.
18 Section 104 i.
iii. seize any output from that computer for examination and copying; and iv. attach, and, if necessary, remove from the premises for examination and safekeeping, anything that has a bearing on the investigation.
A person who enters and searches any premises under Section 104 must conduct the entry and search with strict regard for decency and order, and with regard for each person's right to dignity, freedom, security and privacy.
During any search under Section 104 (1)(c), only a female inspector or police officer may search a female person, and only a male inspector or police officer may search a male person.
must advise that person of the right to be assisted at the time by an advocate or attorney; and allow that person to exercise that right.
return it as soon was removed.
During a search, a person may refuse to permit the inspection or removal of an article or document on the grounds that it contains privileged information and if the owner or person in control of a privileged article or document refuses to give that article or document to the person conducting the search, the person conducting the search may request the registrar or sheriff of the High Court that has jurisdiction to attach and remove the article or document for safe custody until that court determines whether or not the information is privileged.
Before using force in terms of Subsection (6), a police officer must audibly demand admission and must announce the purpose of the entry, unless it is reasonable to believe that doing so may induce someone to destroy or dispose of an article or document that is the object of the search.
The NCC may compensate any authorised person who suffers damage because of a forced entry during a search when no one responsible for the premises was present.
The Commission must maintain on its premises a facility to be utilised for storage purposes of any items or goods seized during the course of the investigation. Access to such facility will be limited to personnel with authority.
When submitting information to the NCC, the Tribunal, or an Inspector or Investigator appointed in terms of this Act, a person may claim that all or part of that information is confidential.
Any such confidentiality, as claimed, must be supported by a written statement explaining why the information is confidential.
consider claims of confidentiality; and immediately make a decision on the confidentiality of the information and access to that information, which decision may or may not be supported by reasons.
When making any ruling, decision or order in terms of this Act, the NCC, or Tribunal may take confidential information into account.
If any reasons are provided, it terms of the Act, that a decision be made to declare the information as confidential, the NCC or Tribunal as the case may be must provide a copy of the proposed reasons to the party claiming confidentiality, at least five 5} business days before publishing those reasons.
STAATSKOERANT, 25 JULIE 2011 No.34484 67 apply to the court for an appropriate order to protect the confidentiality of the relevant information within five (5) business days.
The Commission must make an independent determination of what information should be classified as confidential.
in carrying out any function in terms of the Act; or as a result of initiating a complaint or participating in any proceedings in terms of this Act.
for the purpose of the administration of justice; or at the request of an inspector, regulatory authority or Tribunal member entitled to receive the information.
for any person to alter, obscure or remove a displayed price or trade description, without authority.
It is an offence to fail to act in accordance with a compliance notice, but no person may be prosecuted for such an offence in respect of compliance notice if, as a result of the failure of that person to comply with that notice, the NCC has applied to the Tribunal for the imposition an administrative fine.
in any other case, to a fine or to imprisonment for a period not exceeding 12 months, or to both a fine and imprisonment.
Despite anything to the contrary contained in any other law, a Magistrate's Court has jurisdiction to impose any penalty provided for in this section.
The National Consumer Tribunal may impose an administrative fine only in the circumstances expressly provided for.
An administrative fine imposed in terms of this Act may not exceed the greater of 10% of the respondent's annual turnover during the preceding financial year; or R 1 000 000.
the degree to which the respondent has co-operated with the National Consumer Commission and National Consumer Tribunal.
PARTC EVIDENCE & PROCEDURAL FAIRNESS 1 Evidence Handling Documentary or other additional evidence must be appropriately collected, recorded, seized and secured in accordance with NCC's Exhibit and Property Handling Policy.
All relevant information required for enforcement before a Court or Tribunal is recorded in Witness-Statement Format.
1.2 A signed statement is desirable because: 1.
the NCC decides not to call him or her as a witness but he or she is calied by the defence and gives evidence inconsistent with the contents of the statement.
If that is not possible, as soon as practicable after the interview.
Investigators should not record an interview on a dictaphone, tape or laptop in order what the witness said can be drafted into a statement later.
Recordings are acceptable since any inconsistencies may affect the witness's credibility in the NCT or in Court.
It is important that the witness is able to fully reconstruct and clarify his or her recollections before this is committed to a statement.
STAATSKOERANT, 25 JULIE 2011 No. 34484 71 better practice to make handwritten notes of the interview and then draft a statement based on those notes.
Before commencing with an interview an attempt should be made to put the interviewee at ease. Many interviewees will not have dealt with an enforcement agency before and may be anxious. One should only begin the interview once the interviewee is relaxed and ready to talk. Do not bring out the laptop or pen and paper to make notes until that point or later.
Once one begins with the interview allow the interviewee to tell the story in his or her own words. Only interrupt if necessary. Allow the interviewee to digress. The digression may lead to the disclosure of additional information of which you were not aware.
Once the interviewee has told the story and appears to have exhausted his or her recollection, go through the story again with him or her. Ask questions to probe and clarify inconsistencies. Notes may be taken at this point.
When satisfied that the interviewee has told everything possible begin to record the statement by writing or typing it. Record the story from beginning to end with as much relevant detail as possible.
Do not be concerned if the interviewee says something that will be inadmissible in Court (for example hearsay). It could still be valuable information to help guide the investigation.
Write in the first person i.e.
Where exhibits are involved, the chain of evidence needs to be proved by including information such as when the interviewee o Saw the item o Located or uplifted the item o Sold or disposed of the item o Handed it to an investigator If electronically recording an interviewee endeavour to manage the interview with reference to the above.
Whenever possible have an interviewee endorse and sign his or her statement. Once the statement is recorded in writing ask the interviewee to read it. If necessary read the statement aloud to him or her.
"I have read the above statement (or the above statement has been read aloud to me) and to the best ofmy knowledge it is true."
The interviewee should then sign the statement below the endorsement.
"The above statement was made in my presence and signature witnessed by me at (location) on (date)".
1.9 Activity Recording All occurrencest actions and decisions must be recorded on an Investigation Running-sheet or File Note. Until the introduction of an online compliance system is possible, a legibly handwritten report is acceptable. word-processed documents are preferred.
decisions made that affect the course or outcome of an investigation.
All records made are dated, timed and signed by the writer and either placed without delay on the investigation file, or an annotation made on the file as to where the records may be located.
If a supplier is suspected of having breached NCC administered legislation the allegation should be personally put to the supplier.
STAATSKOERANT, 25 JULIE 2011 No.34484 75 interviewed at a time.
the provisions of the Promotion of Administrative Justice Act, 2000 (PAJA) must be taken into account.
Any other factors that could affect the likelihood of successful enforcement action.
Adherence to all chains of evidence at all times.
NCC requires admissible, substantial and reliable evidence relating to any alleged breach. Only if this evidence is present will tribunal or court enforcement action be considered.
The assessment of evidence gained in the inquiry process is a crucial part of the compliance process. One of the primary objectives of an investigation is to obtain the facts and evidence to determine if enforcement action is appropriate.
There may be insufficient evidence to support the alleged substantive breach. During an investigation, however, sufficient evidence may be gained to support enforcement action for another type of breach.
The test of whether sufficient evidence exists must be applied regularly throughout the investigation review process to ensure that matters continue to be investigated effectively and efficiently.
If there is insufficient evidence the investigation should be reviewed to identify other avenues of inquiry that can reasonably be expected to reveal further facts to clarify the matter one way or another.
If these avenues of inquiry exist they should be followed within reason.
An investigation may be closed at any time if there is insufficient evidence to take further action, and continued exploration of the matter cannot reasonably be justified, or for a policy reason.
Investigation files and processes have to stand up to both internal and external scrutiny and should therefore contain only the information that explains how the matter was investigated, assessed and dealt with.
The investigation officer is required to deal fairly and efficiently with the complainant.
advise the estimated time frame for the investigation; and make a file note recording the contact made and listing the issues discussed.
Whilst a matter remains open for investigation, the complainant is to be updated on at least a monthly basis about what action is occurring. Contacts with the complainant are to be recorded on the investigation file and I or online compliance system.
investigation findings and the basis upon which the findings are supported; and contact name and number of the investigation officer, inviting the complainant to contact the officer if they wish to discuss the matter further.
Consideration is given to contacting the complainant telephonically in the first place to advise them of the findings before sending out a written reply. In cases where the matters have been complex or extended over a period of time consideration should also be given, where practical to do so, to visiting the complainant personally to discuss the outcome, before sending out the written reply.
INVESTIGATION CASE FILE REVIEW AND AUDIT PROCESSES The Supplementary Standard governing the investigation, the case file review and audit processes is of critical importance to the Investigations Directorate.
This Standard is of critical importance to, amongst others, staff engaged in investigations, compliance and enforcement duties.
Investigation case file review and audit introduces systematic assessment processes for matters currently under investigation and also of investigations finalised within the review period. The processes seek to measure compliance with accepted investigation methodologies and NCC's Enforcement Framework requirements.
assess, enquire, address and analyse information relating to complaints and suspected breaches of legislation, undertake appropriate enforcement, whilst ensuring Policy and Standards are appropriately applied.
enforcement and review. All incoming complaints referred for enforcement action are assessed against framework requirements (see PART C-Screening Phase). Supplementary Standards may be developed and issued from time to time to provide additional detail or to clarify framework policy issues and/or standards.
The Self I peer review assists investigators in achieving satisfactory case file outcomes. This occurs through regular reappraisal of work in progress and results obtained, and the in-confidence sharing of information about cases with experienced colleagues, seeking confirmation or alternative viewpoints and opinions.
Self I Peer Review is to be used to review all files on at least one occasion, preferably nearer to the completion of the investigation.
It is suggested that the review take place when the investigation is well progressed, but before any final recommendation is made.
Completed checklists are to be placed on the case file and entries made on the Investigation I File Activity Sheets stating when and by whom the last self I peer review was conducted.
Management Reviews are an essential part of the Case File Review and Audit Process. Drawing on the expertise of Supervisors or Managers of Investigations staff, will ensure a balanced overview of each file is maintained, with appropriate follow-up actions recommended and monitored. Supervisors and/or Managers will complete the Case File Review Checklist -Management Review assessing compliance with accepted investigations methodology and framework requirements.
Completed checklists are to be placed on file and entries made in the Investigation/File Activity Sheets stating when and by whom the last Management review was conducted.
An essential prerequisite for completion of the branch review and associated checklist will be the timely and accurate completion of the self I peer review checklist.
Reviewing officers are encouraged to provide feedback to ensure that the review process is both effective and value adding.
The review process may identify issues requiring follow-up action to be taken by investigating officers. In such cases, investigators will be notified of necessary followup action, or recommendations to improve future case file management and/or review outcomes.
Managers, Supervisors and NCC staff performing case file reviews, will be required to monitor progress. Subsequent reviews will assess the effectiveness of follow-up action or recommended improvements to case file management methodology and compliance with fra mework requirements.
These Guidelines are meant to ensure that the NCC gives effect to Section 3(1) by ensuring that the NCC resolves complaints in a procedurally fair, economical and expeditious manner through Conciliation.
1.2 NCC seeks to ensure that parties first attempt to resolve a dispute through Conciliation prior to investigating a complaint. In order to achieve this objective, the Commission formulated these Guidelines to prescribe circumstances in which parties will be required to attend Conciliation.
1.3 The Guidelines lay down general procedures and principles to be followed in the Conciliation process.
1.4 The Guidelines also prescribe the powers and functions of Conciliators.
Conciliation under the auspices of the NCC will be confidential and conducted without prejudice to the parties.
2.2 To inform parties in a dispute of the policies and procedures of Conciliation under the auspices of the NCC.
2.3 To prescribe the powers and functions of the Conciliator.
To guide Conciliators in the performance of their functions.
3.1 In broad terms, Conciliation is a process in which an independent, objective person, who without prejudice, attempts to assist disputing parties reach an agreement towards the resolution of a complaint.
3.2 Under NCC Conciliation, the Commission will provide the forum for the parties to a complaint to engage in a process of open negotiation around the complaint with the aim of reaching an agreement.
STAATSKOERANT, 25 JULIE 2011 No. 34484 83 4.
4.2 To decide what complaint is appropriate for Conciliation.
4.3 To assist in narrowing the range of issues in the complaint.
4.5 To appoint Conciliators.
To provide assistance to the parties to arrive at an amicable resolution of the complaint.
5.1 Prior to investigating a complaint, the Commission will determine whether that complaint is appropriate for Conciliation.
5.2 Once the Commission has determined that a complaint can be conciliated, the parties to the complaint will be notified of the Conciliation in writing, by telephone or other appropriate means.
5.3 Conciliation proceedings are private and confidential . No person may refer to anything said at Conciliation proceedings during any subsequent proceedings, save where such issue is not likely to cause prejudice to any of the parties.
5.4 Generally, documents will be exchanged between the parties prior to the holding of Conciliation in the form of the referral form and other relevant documents determined by the Conciliator.
5.5 The Conciliator will decide on the form and method of Conciliation which could include a telephonic Conciliation.
5.6 If the parties to a Conciliation reach a settlement of the complaint, the Conciliator will confirm the outcome in writing to all parties. Following this a Consent Order will be drafted and signed by the supplier and the Commissioner in terms of Section 74.
5.7 The parties to the Conciliation may not be represented by a legal representative.
5.8 The venue of the Conciliation Proceedings will be determined by the Commission with due consideration to the costs of such an arrangement.
6.1 To ensure that the names of all parties in attendance have been properly recorded in the attendance register.
6.2 The Conciliator will be guided by the principles of objectivity, transparency, fairness and justice in the discharge of the Conciliator's duties.
6.3 The Conciliator must disclose if the Conciliator has any interest in the outcome of the complaint. The Conciliator must withdraw from the process if the Conciliator believes there is a reasonable apprehension of bias or partiality.
STAATSKOERANT, 25 JULIE 2011 No.344B4 85 6.5 The Conciliator should outline to the parties how the Conciliation will be conducted and deal with any concerns or queries raised by the parties about the process.
6.6 At the completion of the Conciliation, the Conciliator will issue a Certificate of Outcome of a Dispute (COD Form).
7 If the parties reach a settlement, that agreement must be recorded in writing and signed by the parties to the dispute.
7.1 The Conciliator may condiJCt the Conciliation in any manner that the Conciliator deems appropriate.
The process may be conducted telephonically or through mediation and facilitation in order to achieve an expeditious resolution of the complaint but in all cases mindful of the principle of fairness.
The Conciliation will be conducted in English.
9.1 Consent Agreement in terms of Section 74 of the Consumer Protection Act 68 of 2008 will be signed by the supplier and the Commission . The Commission will forward the Consent Agreement to the Consumer Tribunal to be confirmed as a Consent Order.
10.1 Conciliation may be postponed if all the parties to the dispute agree in writing to the postponement and the written agreement for postponement is received by the Commission more than five days before the scheduled date of the Conciliation.
1 0.2 Any party may also formally request a postponement at the Conciliation.
Attendance and participation at Conciliation must be in person, in the case of a natural person or a representative in the case of a juristic person.
As a procedural step, the Conciliation coordinator shall first establish the availability of the parties telephonically before a matter is set down for Conciliation.
Travel and all associated costs will be borne by the indivdual parties.
16.1 The parties will co-operate with the Conciliator and, in particular, will endeavor to comply with requests by the Conciliator to submit documents, provide evidence and attend Conciliation hearings.
STAATSKOERANT, 25 JULIE 2011 No.34484 87 17.
17.1 Issues of costs in Conciliation may only be met by the Commission only in exceptional circumstances. Costs relating to frivolous or vexatious conduct will under no circumstances be entertained.
18.1 Any dispute about the interpretation or implementation of these Guidelines must be referred to the Commission in writing and the Commission's decision will be final and binding on all parties.
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Members of the Extended Public Committee met in the Good Hope Chamber at 10:05.
House Chairperson Mr C T Frolick, as Chairperson, took the Chair and requested members to observe a moment of silence for prayers or meditation.
Appropriation Bill [B3- 2011] (National Assembly - sec 77).
The Committee rose at 12:13.
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Appropriations 1859 2.
Progress report on the provisional suspension from office of Magistrate L B Maruwa, a magistrate in Daveyton, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Report of the Constitutional Review Committee on a study tour to the Venice Commission and Strasbourg, dated 3 June 2011.
The Constitutional Review Committee (CRC), had observed that it has not been aggressive in exploring, interrogating and exercising its functions during the first 12 years of South Africa's constitutional implementation, as Parliament was busy adopting the necessary pieces of legislation, most of which were about major and complex reforms. However, the CRC, in determining its role in this Fourth Parliament, has considered the legacy of its work during the first three Parliaments, as well as the mandate it has received from the Constitution in terms of which it is to review the Constitution annually. In addition, since the new Parliament elected in 2009 has styled itself as an "activist" parliament, the CRC had in its 2009-2014 Strategic Plan located its mandate within the context of an "activist'' Parliament that is driven by the ideals of exercising its constitutional powers in a manner that is effective and efficient. It is within this context that it sought to reposition its role so that it could be more effective.
In realising its effort to bring its capacity on par with its critical task, the Committee identified various opportunities to enhance its knowledge and understanding by seeking assistance from institutions such as the Venice Commission (the Commission), which is perceived as the world's thinktank and depository of knowledge, expertise and practical skills relating to constitutional matters. The Commission is a consultative body which cooperates with member states of the Council of Europe and with other nonmember states. It is composed of independent experts in the field of law and political science. The members are senior academics, particularly in the fields of constitutional or international law, supreme or constitutional court judges or members of national parliaments. The Commission has 57 full member states which are all Council of Europe member states, one associate member state -Belarus, seven observer states, as well as South Africa and the Palestinian Authority (PNA), which have a special co-operation status similar to that of the observers.
To provide constitutional assistance, which takes form of opinions to states or other international organisations of bodies that have approached it for opinions in relation to draft constitutions or constitutional amendments.
Identifying and developing standards in the area of elections through, amongst other things, codes of good practice on elections, referendums and on political parties.
To provide amicus curiae briefs on comparative constitutional and international law issues.
To give opinions on constitutional aspects of legislation relating to courts.
To co-operate with ombudspersons through opinions on legislation that governs their work.
The Commission extended an invitation to the CRC to send a five-member delegation to its two-day plenary session, which was held at the Scuola Grande Dis Giovanni Evangelista in Venice on 15 and 16 October 2010. The delegation included the co-chairpersons; Adv SP Holomisa (NA) and Mr BA Mnguni (NCOP), Ms JE Sosibo (NA), Dr MG Oriani-Ambrosini (NA) and Ms M Smuts (NA). The other nine member delegation; Mr AR Ainslie (NA), Ms C Dikgale (NCOP), Mr MM Dikgacwi (NA), Mr N Koornhof (NA), Ms HF Matlanyane (NA), Ms BV Mncube (NCOP), Mr GT Snell (NA) and Mr SN Swart (NA) joined the five-member delegation for the exchange meetings in Strasbourg from 18-21 October 2010. The delegation was accompanied by Ms P Jayiya, Committee Secretary; Mr M Dano, Committee Researcher, and Mr J van der Westhuizen, Committee Assistant. The entire 14-member delegation held further engagements with members of the Secretariat of the Commission in Strasbourg.
to check the different procedures which other member states follow when amending their constitutions; and to establish whether there were African countries which were members of the Venice Commission.
The issues dealt with during the engagement with the Commission related to the constitutional function and the mandate of the "activist" parliament. Some areas of focus included the status of the implementation of second generation and socio- and economic rights, which should drive the transformation of the society; the accommodation of the institutions of traditional leadership within the democratic framework; and the performance of the system of provincial and local governments. The CRC has also considered bringing within its fold the ongoing debate on whether or not the judicial system should have an apex court or whether there should be a twin peak system headed by courts with distinct areas of jurisdiction, as at the present time. The CRC also alluded to the continued debate as to whether the property clause in the Constitution does not hamper land reform so as to address the legacy of colonialism and apartheid.
The issues discussed with the Commission were on two phases: Firstly, the CRC needs to interpret the Constitution to determine what it requires of it, as the South African courts could not be called to interpret the relevant constitutional provisions as they do not provide advisory opinions. Furthermore, there is at present no case or controversy with which a court can be seized. Therefore, the Venice Commission would be uniquely qualified and positioned to assist in this regard. Secondly, the CRC is of the view that if a "review" of the Constitution involves, not only assessing whether or not the Constitution requires amendment, but also its "health"including the state of its implementation and its impact in society in respect of transformation - there would be a need to develop a new methodology for such purpose. This methodology would have an enormous importance way beyond South Africa, as it could be used in other contexts in which constitutional democracy is undertaking the delicate process of consolidation within society. In certain cases, such diagnostic methodology could prevent situations in which both the country concerned and the rest of the world suddenly wake up to a situation in which a constitution has failed, or is about to fail, in its intended democratic mission or policy of transformation. The Commission would uniquely qualify and be positioned to undertake and develop this phase. However, the second phase follows the completion of the first phase. It will require a more intense co-operation between South Africa and the Commission, a relationship which would possibly be better suited to a time when South Africa acquires full membership in the Commission.
The CRC feels that its mandate of reviewing the Constitution annually must take cognisance of the fact that its object is a document with which there is general satisfaction both domestically and internationally. Therefore, the CRC is of the opinion that the review should only suggest amendments when necessary to improve such a document. In addition, the review should also consider dispassionately the status of the implementation of South Africa's Constitution and how much the wide gap between reality and legality is being bridged through the progressive implementation of the Constitution.
South Africa still enjoys a "special status" within the Venice Commission, originally due to it not qualifying for membership or observer status before the advent of democracy in 1994. This is an anomaly, as the Commission played a significant role, not only in the constitutional negotiations leading from apartheid to democracy, but also in assisting the Constitutional Assembly in formulating the final Constitutional of 1996. The Commission further played a vital role in assisting the consolidation of South Africa's democracy through its assistance to the Constitutional Court, as well as the creation of a forum in which African constitutional court justices meet to exchange professional experiences and foster constitutionalism throughout Africa.
The Commission had taken a decision in principle not to extend its membership beyond its current number. Furthermore, the "observer status" was no longer available, but the Commission would gladly make an exception for South Africa. This exception would be motivated, not only by the Commission's long history of exchanges with South Africa, but also in consideration of the value the South African constitutional experience holds for many other countries, especially those on the African continent. It was felt that the richness and uniqueness of the South African constitutional experience might add to the unique pool of knowledge and expertise gathered in the Venice Commission. The membership fee for South Africa in the Venice Commission would be limited to Euro 21 000 per annum, subject to possible limited annual increases across the board. The South African government would be responsible for identifying an extraordinary South African Constitutional Law expert, who would be required to attend the Venice Commission meetings in Venice four times a year, at South Africa's expense. Such expert, though, would be appointed by the South African government, and would be fully independent from it. Once South Africa acquired membership of the Venice Commission, it would be able to request the Venice Commission to express advisory opinions and provide other assistance in respect of legislation or constitutional reforms, which the South African government might intend adopting, or other relevant legal matters.
The CRC is of the opinion that the inputs of, and the co-operation with, the Commission will enable the CRC to provide a much greater contribution to the consolidation of South Africa's constitutional democracy and act as a political mechanism to the early detection of any constitutional shortcomings or threats to the fledging democracy.
The CRC received a briefing from Dr Sooklal, the South African Ambassador to the European Union (EU). This entailed a brief background on the European Parliament (EP), the EU Parliamentary Committee on Constitutional Affairs and its responsibilities, and the Delegation for Relations with South Africa. The Delegation entails formal interparliamentary relations between South Africa and the EU. Interaction between the two Parliaments is also included in the SA-EU Strategic Partnership Joint Action Plan, which aims to enhance high-level political dialogue by institutionalising regular Parliamentary interaction. The existence of the Delegation for Relations with South Africa provides a great opportunity to lobby for support on SA's various issues of interest utilising the close relation that exists between the EP and South Africa. The Delegation also provides a platform for South Africa to brief the EU and influence EU policy on issues of interest to South Africa.
In addition, the CRC met with Mr O'Boyle, the Registrar of the European Court of Human Rights. He addressed the Committee on the European Convention on Human Rights and its importance in the protection of human rights and fundamental freedoms in Europe. Furthermore, he updated the Committee on the establishment and activities of the European Court of Human Rights. Information was given on the composition of the Court, and practice and procedure in relation to lodging applications, the registration and processing of cases, legal representation, publicity and access to information, the relationship with other courts, as well as the execution of judgments. The Committee was also informed about role of the Registry in the adjudication of cases lodged by individuals and how the Court dealt with backlogs.
The CRC also met with Mr Michael Cashman, the Chair of the Delegation, in the Office of Delegation for Relations with South Africa in the European Parliament in Strasbourg. He registered his willingness to engage further with the CRC during his visit to Cape Town (South Africa) in 2011.
Furthermore, the CRC had an exchange of views with the Chairperson and members of the EU Parliamentary Committee on Constitutional Affairs. The briefing was around the composition, functions and powers of the Committee.
The study tour was an overall success and was a beneficial exercise in that it not only met the Committee's expectations with regard to its mandate and core objectives, but was also an opportunity to study international best practices. The constructive engagement with the Venice Commission and the opportunities for further engagements provide fertile ground for effective and efficient constitutional reform. The Committee is now in a better position to consolidate on the work it has already started in grappling with its mandate, and to chart a way forward in outlining the path it seeks to take in following up on its programme of action. The Committee is buoyed by the constructive engagements with the Venice Commission and will shortly organise a workshop wherein concrete proposals on how best to pursue its mandate will be thrashed out.
The verbal invitation extended by the Venice Commission to South Africa to become a full member of the Commission should be conveyed to the Department of International Relations and Co-operation and the Department of Justice and Constitutional Development.
The Venice Commission held an exchange of views on a number of draft opinions with a view to their adoption. The following is the synopsis of the engagements on the draft opinions and reports that were deliberated during the 84th plenary session.
The Commission was invited to hold an exchange of views with Mr Akika Minashvilli and Mr Pavle Kublashvilli, Members of Parliament of Georgia, and to examine, with a view to adoption, the draft opinion on the draft constitutional law on changes and amendments to the Constitution of Georgia, drawn up on the basis of comments by Messrs Bartole, Scholsem and Sorensen and Ms Nussberger. The Commission held an exchange of views and adopted the opinion on the draft constitutional law on changes and amendments to the Constitution of Georgia.
The Commission was invited to examine, with a view to adoption, the opinion on the draft law amending the law on judicial powers and the draft law amending the criminal procedure code of Bulgaria, drawn up on the basis of comments by Messrs Gstöhl, Hamilton and Jeremy McBride, an expert of the Directorate General of Legal Affairs and Human rights. The Commission held an exchange of views with Ms Margarita Popova, Minister of Justice of Bulgaria, and adopted the opinion on the amendments to the draft Act on Forfeiture in favour of the state of illegally acquired assets in Bulgaria. Furthermore, the Commission held an exchange of views with Mr Anastas Anastasov, Vice President of the National Assembly of Bulgaria, and decided at the request of the rapporteurs to postpone the examination of the draft opinion on the draft law amending the law on judicial powers and the draft law amending the criminal procedure code of Bulgaria.
The Commission held an exchange of views with Mr Sadullah Ergin, Minister of Justice of Turkey, on the planned implementation of the constitutional referendum and the Commission's role in this respect.
The Venice Commission was requested by the authorities of the Slovak Republic to prepare an opinion on the amendments adopted in 2009, to Act No. 270/1995 on the State Language of the Slovak Republic. In January 2010, the working group travelled to the Slovak Republic in order to meet with the authorities as well as representatives of the minorities living in that country.
The Commission held an exchange of views with Ms Másnohorská, Director-General for Global Challenges, Human Rights, International Organisations at the Ministry of Foreign Affairs of the Slovak Republic, and adopted the opinion on the Act on State Language of the Slovak Republic.
The Commission held an exchange of views with Mr Yuriy Prytyka, Deputy Minister of Justice of Ukraine, and Mr Pylypenko, member of Parliament, and adopted the opinion on the law on the judicial system and the status of judges and the opinion on law on the prevention of abuse of the right to appeal, both prepared jointly with the Directorate General of Human Rights and Legal Affairs of the Council of Europe. In addition, the Commission adopted the joint opinion by the Venice Commission and Organisation for Security & Co-operation in Europe (OSCE) and Office for Democratic Institutions and Human Rights (ODIHR) on the draft law on Freedom of Assembly in Ukraine.
The Commission was informed of the request from the Monitoring Committee of the Parliamentary Assembly to prepare an opinion on the constitutional situation in Ukraine, following the recent decision of the Constitutional Court to declare unconstitutional the Law of Ukraine "On amendments of the Constitution in Ukraine" dated 8 December 2004 No 2222-IV due to violation of the constitutional procedures for its consideration and adoption.
The Commission was invited to examine, with a view to adoption, the Report on individual access to Constitutional Justice. The Commission postponed the examination of this report and invited all members to inform the Secretariat about the accuracy of the report, in relation to their own country, before 15 November 2010.
The Commission adopted the joint OSCE/ODIHR Venice Commission Guidelines on Political Parties.
A report on the role of the opposition, prepared in response to the request of the Parliamentary Assembly, and drawn up on the basis of comments by Mr Sejersted, Ms Nussberger and Mr Özbudun following consideration by the Sub-Commission on Democratic Institutions, was also adopted.
The Commission was briefed on the results and conclusions of the meetings of the working group which met on 1 October 2010 and 14 October 2010 respectively. The Commission adopted a set of proposals concerning the working methods, prepared by the Sub-Commission on procedural matters, to be implemented as of January 2011 and to be reassessed at regular intervals. The Commission decided on the composition of the Scientific Council, the primary responsibility of which would be to contribute to the high quality and the consistency of the Commission's studies and opinions. The provisional composition of the Scientific Council would be as follows: Mr Helgensen, Mr Buquicchio, Ms Flanagan, Mr Paczolay, Mr Dimitrijevic, Mr Esanu, Mr Hoffmann-Riem, Mr van Dijk and Mr Jowell.
The Commission was requested to examine, with a view to adoption of the above-mentioned brief in relation to a request of the Croat Caucus to the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina for review of the constitutionality of certain provisions of the Electoral Law of Bosnia and Herzegovina, the Statute of the City of Mostar and the Amendment CIause to the Constitution of the Federation of Bosnia and Herzegovina. The Commission adopted the Amicus Curiae Brief for the Constitutional Court of Bosnia and Herzegovina on the compatibility with international standards of certain provisions relating to local elections and the statute of the City of Mostar.
The Commission adopted the joint opinion by the Venice Commission and OSCE/ODIHR on the Law on Public Assembly of Serbia.
The Commission adopted the above mentioned on the basis of proposals from the European Co-ordination Forum for the Council of Europe Disability Action Plan 2006-2015.
In addition, the Commission adopted the report on the timeline and inventory of political criteria for assessing an election, previously adopted by the Council for Democratic Elections.
The Commission was informed about a request for an Amicus curiae brief by the Constitutional Court of the former Yugoslav Republic of Macedonia on amendments to the system of salaries and remuneration of elected and appointed officials.
The Commission was briefed by Mr Mauricioa Gonzalez Cuervo, President of the Constitutional Court of Columbia, on the constitutional situation in that country and possible co-operation with the Commission.
The mandate of the Department of Performance Monitoring and Evaluation was derived from Section 85 (2) (c) of the Constitution of the Republic of South Africa which states that the President exercises executive authority, together with the other members of the Cabinet, by coordinating the functions of state Departments and administrations.
In terms of section 10 (1) (c) of the Money Bills Amendment Procedures and Related Matters Act, No 9 of 2009, the relevant members of Cabinet must table updated strategic plans for each Department, public entity or institution, which must be referred to the relevant committee for consideration and report. Budget Vote 6 was referred on 23 May 2011 to the Standing Committee on Appropriations, hereinafter referred to as the Committee, for consideration and reporting. The Committee was requested to confer with the Portfolio Committees on Public Service and Administration, and Cooperative Governance and Traditional Affairs in terms of Rules 139, 303 and 304 of the National Treasury.
The Department of Performance Monitoring and Evaluation (hereinafter referred to as the Department) was promulgated in January 2010 in line with Section 85(2) (c) of the Constitution which provides that, the President has the executive power, together with the other members of the Cabinet, to coordinate the functions of the State Departments and administrations. As from 01 April 2011 the Department is under Budget Vote 6 after being removed from Budget Vote 1 (The Presidency). The establishment of the Department bears testimony to the government's commitment to effect positive, meaningful, and sustainable impact on the lives of South Africans. The President of the Republic of South Africa established the Department in the Presidency to ensure the successful implementation of the 12 performance outcomes- identified by the Cabinet- which drive the strategic direction of the government. The Department is tasked to: 1) introduce an outcomes approach to detailed planning, implementation and monitoring and evaluation of the 10 priorities identified in the Medium Term Strategic Framework (MTSF); 2) Promoting monitoring and evaluation in government; monitor the performance of individual national and provincial Departments and municipalities; and 3) monitor frontline service delivery.
Furthermore, the Department is set to work closely with the National Planning Commission and other transversal Departments in setting expectations for improved outcomes across the three spheres of government and other organs of state through a results-oriented approach. Among other things, the Department will review government's data architecture to ensure that the required performance information is generated; and ensure that this information is used in intergovernmental planning and resource allocation.
Helping institutions turn around blockages and non-delivery.
Budget Vote 6 is divided into four funded programmes that seek to achieve its mandate.
Programme 4: Public Sector Administration Oversight -The objectives of this programme is to coordinate and facilitate public sector administration oversight services.
Administration 22 538.0 45 945.0 50 136.
Outcomes Monitoring and Evaluation 24 743.0 34 130.0 43 326.
Integrated Public Performance Data Systems 21 742.0 34 333.0 31 351.
Public Sector Administration Ovesight 6 767.0 26 621.0 35 629.
The Department of Performance Monitoring and Evaluation (DPME) is allocated R75.7 million for the 2011/12 financial year. During the Medium Term Expenditure Framework (MTEF), the Department is allocated R141.0 million for the 2012/13 financial year and R160.4 million for the 2013/14 financial year. These allocations are divided into four different programmes namely, Administration (R22.5 million), Outcome Monitoring and Evaluation (R24.7 million), Integrated Public Performance Data System (R21.7 million), and Public Sector Administration Oversight (R6.7 million).
Table 1 (above) indicates that more resources (R24.7 million) are allocated to Outcomes Monitoring and Evaluation programme (programme 2). This is precisely due to its broad mandate which includes outcome facilitation to ensure the development of the outcome approach to performance monitoring and evaluation. It also includes the outcome research to support the learning of outcomes-oriented performance monitoring and evaluation across government and coordinates research projects. This is followed by Integrated Public Performance Data Systems which is allocated R21.7 million to provide support through Information Technology. This will ensure performance monitoring and evaluation data integration across government. The programme includes maintaining and administering the programme of action by means of focusing on data acquisition. Part of the programme includes monitoring and evaluating capacity building which aims to promote the use of data as a performance management tool.
With respect to the Public Sector Administration Oversight Programme, it received the lowest allocation of R6.7 million for the 2011/12 financial year. This programme is funded to develop and implement an institutional performance assessment tool and to monitor frontline service delivery. Part of its mandate will also include providing detailed analysis and monitoring and evaluation reports of strategic plans across government.
In terms of economic classifications, current payments received R72.7 million of the total budget for the 2011/12 financial year.
An amount of R50.
An amount of R21.8 million earmarked for goods and services.
An amount of R2.
An amount of R600 thousand earmarked for software and other tangible assets.
Furthermore, given that economic classifications in the budget are informed by three budget components namely, current payments, transfers and subsidies, and capital payments. It is important to note that there are no allocations for transfers and subsidies for the 2011/12 budget. This is due to the fact that the Department does not make any transfer payments to other agencies thus far. However, this might change in future given the incremental approach that is used by the Department to build its capacity.
3.1 The Department is aware of the transversal/overlapping of responsibilities but that it intends to work closely or in partnership with other stakeholders, including Statistics South Africa and the National Planning Commission.
3.2 The Committee noted that the Department was mainly undertaking pilot projects in order to minimize risks and to cut on wasteful expenditure, should those projects not succeed. The pilot projects would however not be prolonged.
3.3 The Department was not responsible for administration of the Ministry and the Deputy Ministry of Performance Monitoring and Evaluation, which fell under the administration and the Budget Vote of the Presidency.
3.4 The monitoring and evaluation of provinces and municipalities differed as per their developmental patterns; the Committee was concerned that there might be problems in ensuring effective monitoring and evaluation in the absence of norms and standards.
3.5 It was noted that the budget of the Department of Performance Monitoring and Evaluation in the previous financial year resided under Budget Vote 1: The Presidency, therefore its annual report was incorporated into the annual report of The Presidency.
3.6 Since its formal separation from Budget Vote 1: The Presidency on 1 April 2011, no oversight structure had been put in place by Parliament to which this Department could account.
Given the fact that the Department's mandate covers 34 national Departments, 120 provincial Departments and 278 municipalities, it is clear that more financial resources are needed for effective monitoring and evaluation.
4.1 That the National Assembly approve Budget Vote 6: Performance Monitoring and Evaluation.
The Budget Vote 10: National Treasury (which comprises the National Treasury and the South African Revenue Service) was referred to the Standing Committee on Finance on 09 March 2011. Thereafter, the Minister of Finance, Mr Pravin Gordhan; the Director-General of the National Treasury, Mr Lungisa Fuzile (the Director-General); and senior officials at the National Treasury briefed the Standing Committee on Finance (the Committee) on the Budget Vote 10: National Treasury and the updated strategic plan of the National Treasury. In addition, the Minister of Finance (the Minister); the Commissioner of the South African Revenue Service (SARS), Mr Oupa Magashula, and senior officials at the SARS briefed the Committee on the Budget Vote 10 and the updated strategic plan of the SARS. This report presents the Committee's deliberations with the National Treasury and the South African Revenue Service. Both briefings took place in Parliament on 31 May 2011.
of the Money Bills Amendment Procedure and Related Matters Act, No 9 of 2009.
The national macro-economic and fiscal policy.
Amendments to the fiscal framework, revised fiscal framework and revenue proposals and Bills.
Actual revenue published by the National Treasury.
Any other related matter set out in the Money Bills Amendment Procedure and Related Matters Act, Act No 9 of 2009.
The mandate also encompasses the Committee's function to legislate, conduct oversight on the Executive's actions and its entities. The Money Bills Amendment Procedure and Related Matters Act, No 9 of 2009 makes provisions for a procedure for this Committee to amend money bills. Furthermore, the Committee must consider and report on any matters that are referred to it for consideration and reporting. In any of its activities, the Committee may confer with any Committee in the National Assembly as provided in Rules 139, 303 and 304 of the National Assembly.
The National Treasury derives its mandate from Chapter 13 of the Constitution of the Republic of South Africa (the Constitution). According to section 216(1) of the Constitution, national legislation must establish a national treasury and prescribe measures to ensure both transparency and expenditure controls in each sphere of government. Provision of the functions and powers of the National Treasury are contained in Chapter 2 of the Public Finance Management Act (PFMA).
Promote transparency to improve financial accountability and enforce effective financial management.
An efficient, effective and development-oriented public service and an empowered, fair and inclusive citizenship.
In order to make this contribution, the National Treasury stated that it fully adopted the outcomes approach in preparing its updated strategic plan.
The National Treasury reported on the existing economic status. The National Treasury reported that, although the South African Reserve Bank projected a gross domestic product's (economic) growth of 3.7 per cent for the 2011 calendar year, there was gradual increase in economic growth - caused by stable macro-economic conditions. The National Treasury further reported that the inflation rate was 4.2 per cent as at April 2011 and that this moderate rate of inflation, in the South African context, created basis for low interest rates which was at a 23-year low as at May 2011.
1.8 per cent annually and that the Statistics South Africa's figures showed that the number of persons in the South African labour force increased by 213,000 between the last quarter of the 2010 calendar year and first quarter of the 2011 calendar year. Furthermore, the National Treasury argued that admission of South Africa into Brazil, Russia, India and China (BRIC) economies to form Brazil, Russia, India, China and South Africa (BRICS) economies, would present a platform for South Africa to contribute to shaping economic reform. BRCS is the group of the countries which are all deemed to be at a similar stage of newly advanced economic development. The National Treasury was pleased to state that the South African Revenue Service had exceeded its revenue target by R2 billion in the 2010/11 financial year.
However, the National Treasury reported that, although the existing level of the inflation rate as at April 2011 was moderate, it was projected to reach an average rate of 5.2 per cent in the 2011 calendar year and to reach 6.0 per cent in the 2012 calendar year. Thus reaching the upper limit of the targeted inflation rate bracket of 3 - 6 per cent. The National Treasury further reported that another risk to the economic environment was rising costs of production owing to rising fuel prices - a process that would translate into higher food prices and, in turn, higher inflation rate. The National Treasury stated that, although employment was projected to increase by 1.8 per cent annually, unemployment remained stubbornly high in South Africa. The National Treasury described erratic capital flows, like in many developing countries, as a challenge for the country. Global risks affecting South Africa were reported as follows: slow demand in Europe (one of the South Africa's significant trade partners) which could slow demand for South Africa's exports; European sovereign debt's and banking risks; and rising inflation rate in emerging economies which could negatively affect economic growth of these economies.
Creation of employment: The President of the Republic of South Africa, Mr Jacob Zuma, announced the creation of 5 million jobs by the 2014 calendar year during his 2011 State-of-the-Nation Address. As a result, R9 billion jobs fund was created to support the expansion of existing job creation programmes and to pilot other innovative approaches to employment creation - with a special focus on opportunities for young people to gain skills in productive employment. In addition, the proposed youth employment subsidy, which was being reviewed by the National Economic Development and Labour Council (Nedlac), was another initiative to encourage employment of youth.
Finding of savings and reprioritisation of expenditure: The National Treasury reported that a total amount of R30 billion had been identified and included in the 2011 Budget allocations. Reprioritisation of expenditure was described by the National Treasury to mean recoupment of funds from less important programmes to more important ones.
Reformed supply chain and more compliance: This entailed contribution to the work of Anti-corruption Task Team; and combating corruption and fraud in the public sector.
Social security and health financing: This entailed exploring sustainable funding models for these initiatives - partly aimed at implementing the first stage of the National Health Insurance which is aimed at strengthening the Health Care system in the country.
Infrastructure investment, city planning and development: Approximately R800 billion would to be spent on this initiative over the following three years.
The National Treasury comprises 10 programmes, namely: Administration (Programme 1); Economic Analysis and Forecasting, Taxation, Financial Regulation and Research (Programme 2); Public Finance and Budget Management (Programme 3); Asset and Liability Management (Programme 4); Financial Accounting and Reporting (Programme 5); International Financial Relations (Programme 6); Civil and Military Pensions, Contributions to Funds and Other Benefits (Programme 7); Technical and Management Support, and Development Finance (Programme 8); Revenue Administration (Programme 9); and Financial Intelligence and State Security (Programme 10).
The Administration Programme is responsible for the overall strategic management and support for the National Treasury. It comprises only the Corporate Service Division.
Implement an automated registry where departmental information can be stored, managed and accessed electronically and easily - in an effort to move towards efficient and effective paperless office.
The purpose of this programme is to provide specialist policy research, analysis and advisory services in the areas of macro-economics, microeconomics, and taxation, the financial sector, and regulatory reform. It comprises two divisions, namely: Economic Analysis and Forecasting, and Tax and Financial Sector Policy.
Explore models for financing the National Health Insurance (NHI), with the first steps towards its implementation as announced in the 2011 Budget.
The purpose of this programme is two-fold: to provide analysis and advice on fiscal policy and public finances, intergovernmental financial relations, and expenditure planning and priorities; and to manage the annual budget process and provide public finance management support. It comprises three divisions, namely: Public Finance, Budget Office, and Intergovernmental Relations.
Implement key local budget reforms to improve budget implementation and reporting.
The Asset and Liability Programme aims to ensure prudent management of government's financial assets and liabilities. It is made of a single division, namely: Asset and Liability Management.
Manage (actively) government's debt portfolio through buy-back and switch/exchange programmes. A debt level is set to rise to R1.4 trillion, which would be 39.
Maintain debt service cost, as a percentage of GDP, between 2.
Strengthen financial oversight and monitor economic performance of Development Finance Institutions (DFIs) like the Development Bank of Southern Africa and the Land Bank.
The purpose of this programme is to facilitate accountability, governance and oversight by promoting transparent, economic, efficient, and effective (TEEE) management in respect of revenue, expenditure, assets and liabilities (REAL) in the public sector. It comprises two divisions, namely: Specialist Functions and Office of the Accountant-General.
Provide targeted support to priority departments and municipalities to improve financial management.
The purpose of this programme is three-fold: to advance South Africa's economic interests through regular strategic analysis, engagement and negotiation at financial and economic forums; to increase Africa's voice and improve South Africa's participation in international institutions; and to promote regional economic integration in the Southern African Development Community (SADC) and strengthen economic links within South Africa. It comprises of a single division called International and Regional Economic Policy.
Increase shareholding in the African Development Bank to 6 per cent.
Facilitate engagements between regional and international financial institutions and forums, and the Ministry of Finance, e.g. Group 20 (G20), International Monetary Fund (IMF), World Bank and so forth.
The aim of this programme is to promote public and private investment in infrastructure and public services by providing the following: technical support for capital planning and Public Private Partnerships (PPPs); advice on financing alternatives for municipal development; and financial assistance for neighbourhood development projects. This programme has 6 divisions, including the following: the new jobs fund which supports the creation of self-sustaining employment; and the post-disaster recovery and reconstruction transfer which deals with post-disaster recovery activities.
Ensure improved infrastructure delivery, through the implementation of the Infrastructure Delivery Improvement Programme (IDIP).
Develop project appraisal methodology for capital and infrastructure projects.
The National Treasury reported that Programmes 7, 9 and 10 account directly to Parliament. These programmes were not dealt with during this deliberation.
Administration 276,551 248,661 281,088 1.6 2. Economic Policy, Tax, Financial Regulation and Research 106,245 86,060 120,364 13.3 3. Public Finance and Budget Management 187,117 157,437 198,938 6.3 4. Asset and Liability Management 20,822,800 20,813,904 822,594 -96.
Operational budget 72,800 67,204 72,594 -0.
Eskom 20,000,000 20,000,000 0 -100.
Land Bank 750,000 746,700 750,000 0 5. Financial Systems and Accounting 639,222 559,125 658,220 3.
Operational budget 577,054 496,961 595,207 3.
Transfers 62,168 62,164 63,013 1.4 6. International Financial Relations 565,222 558,683 812,380 43.
Operational budget 31,917 26,587 32,624 2.
Transfers 533,305 532,096 779,756 46.
Sub-total 22,597,157 22,423,870 2,893,584 -87.
Operational budget 1,388,222 1,187,539 1,460,894 5.
Transfer budget 37,316,681 37,038,617 21,137,297 -43.
Percentage of operational to transfer budget 3.7% 3.2% 6.9% 86.
Civil and Military Pensions, Contributions to Funds and other Benefits 2,698,187 2,697,847 3,139,833 16.4 8. Technical Support and Development Finance 1,779,185 1,474,065 4,156,180 133.
Operational budget 136,538 104,629 160,079 17.
Transfers 1,642,647 1,369,436 3,996,101 143.3 9. Revenue Administration 8,142,208 8,142,208 8,653,573 6.3 10. Financial Intelligence and State Security 3,488,166 3,488,166 3,755,021 7.
Grand Total 38,704,903 38,226,156 22,598,191 -41.
Comments and questions of the Committee are summarised in this subsection as follows.
The Committee sought clarity on the increasing government's wage bill, and on whether a higher wage bill was not a risk for the economy since a higher wage bill could imply that the demand might be boasted.
The Committee requested an explanation as to whether savings as reflected in the strategic plan could be as a result of underspending or doing things efficiently as the former could be misleading if it was referred to as savings since underspending could mean compromising service delivery.
With regards to ODA, the Committee requested more information on the funding intake into the developmental agenda.
In terms of the equitable share, the Committee raised a question on whether South Africa would be using data from 2011 census for planning purposes in the 2011/12 financial year.
The Committee requested to know the potential impact of the social and political developments in Northern Africa on the fuel price and inflation.
The Committee requested to know the degree to which Members could get access to information on fraud and corruption, as relevant information could be classified in terms of the proposed Protection of Information legislation.
The Committee wanted to know how many of the reported 213,000 new jobs were created in the private sector. It also wanted to know what steps are being taken in ensuring that the creation of 5 million jobs, as was announced by President Jacob Zuma, was achieved.
The Committee wanted to know where South Africa stood with regard to SACU and when it will be concluded, and if this would not destabilise neighbouring countries.
The Committee wanted to know the position of the National Treasury with regards to Public Private Partnership (PPP) for prisons. The Committee noted that there are logistical problems in ports, as trade are not executed with ease and ask the National Treasury what was done to address this challenge in ports. Richard Bay ports were used as an example where these challenges existed.
The Committee noted that, in terms of outcomes, the National Treasury did not mention any training plans (skills development) since it needs additional expertise for itself and the economy at large in order to grow.
The Committee sought clarity on the benefits that the BRICS group would develop for South Africa as a country. Furthermore, the Committee requested to be informed about plans South Africa has in order to ensure that African business community would seize opportunities that might be presented by BRICS.
The Committee noted the rising debt cost and sought clarity on why service costs were rising and how it would be managed to acceptable levels.
The Committee wanted to know what systems would be used to assess the performance of programme 1.
The Committee wanted to know what the current shareholding in the African Development Bank was.
The Committee wanted to know on whether the National Treasury was satisfied with implementation of the Public Finance Management Act by relevant entities.
The Committee noted that transformation within the National Treasury was minimal in terms of women representation in senior management positions which was not in line with South Africa's percentage of women in the country, and wanted to know if the National Treasury was satisfied with the transformation (female representation in critical leadership positions) within it.
The Committee wanted to know who would look after municipalities which were not directly targeted by the National Treasury.
In relation to comments and questions of the Committee, the National Treasury responses are summarised below.
With regards to the high wage bill, the National Treasury argued that South Africa needed an understanding in the public sector to balance considerations of those who required wage increases in relation to increasing inflation versus increasing employment, particularly of frontline service delivery as opposed to administrative staff. Furthermore, the National Treasury reported that it creates a budget every year to cater for cost of living increases and additional employment. However, the National Treasury further reported that the additional employment portion had been severely eroded over past few years due to higher than expected salary increases.
With respect to the appropriateness of tax rates, the National Treasury informed the Committee that South Africa operated in a tight fiscal environment - for example, the tax GDP ratio was more than 28 per cent during recession and currently it was 25 per cent since there was slow economic growth in the South African environment. The National Treasury added that they could widen the tax base by either increasing businesses or individuals taxes (or both), or by creating more businesses that pay tax, but it was not happening at the required (or expected) rate.
With regards to SACU, the National Treasury responded that it was not the intention of South Africa to negatively contribute to the fiscal sustainability of neighbouring countries, but the current formula of SACU and the way of doing things with neighbouring countries was not sustainable in the long run.
In response to a question on staff training and skills development, the National Treasury explained that good progress is currently made in the talent management programme. There were a series of training activities, namely; training of chartered accountants and other accountants which is led by the Accountant-General.
With regards to BRICS and the benefits it might bring to South Africa and the African continent, the National Treasury responded as follows: Africa, of which South Africa is part of, is one of the biggest economies in the world, and agreements signed provides for areas of cooperation on trade, investment, and sharing research and ideas. The National Treasury argued that these agreements promoted competitive cooperation and advised that businesses should develop creative and innovative ways of deriving maximum benefits that would be presented by the inclusion of South Africa in BRIC to form BRICS.
With respect to savings and underspending, the National Treasury reported that savings of R30 billion at the end of 2010/11 financial year were as a result of withdrawal from programmes which were no longer relevant to the country. The National Treasury informed the Committee that savings were defined differently from underspending. Savings was further defined by the National Treasury to mean cheaper ways to procure goods and services by the departments- real savings.
With regard to the equitable share and the use of Statistics South Africa's updated figures, the National Treasury explained that it would be ideal to make use of the most recent numbers but it takes time to process high volumes of data from the census. This would be the reason for the delay in the use of data from the latest census. The National Treasury pointed out that the 10-year gap between censuses that were conducted in South Africa remains a challenge with regards to the appropriateness of data. This is the reason why the National Treasury would use updated data if it was available before it embarked on some of its projects.
With regards to supply chain, the National Treasury reported that information on the procurement of goods and services would be published on their website -including information in black-listed service providers.
The National Treasury reported if it could still find properly structured PPP's in the area of building prisons; where designs were not expensive and service providers delivered what was required at a reasonable price, it would remain committed to persuing PPP's.
With regards to challenges in mining activities and trade, the National Treasury admitted that logistics and transportation system (trading) remained a challenge in South Africa. Examples provided by the National Treasury were that licensing for water and access to energy was challenging for the mining sector. However, the National Treasury revealed that some remedies to these challenges would be partly addressed by R800 billion which was intended to address these challenges. National Treasury further indicated that Eskom would invest 36 per cent of the R800 billion, while Transnet was making certain investments to partly address these challenges.
With respect to the 14 per cent increase in spending, the National Treasury explained that it was as a result of economic research at different universities.
In relation to a question on debt costs, the National Treasury responded that South Africa ran a deficit during the recession owing to its counter-cyclical policy - for example, debt levels had to be increased in order to minimise the negative impacts of the most recent global economic crisis and that the higher levels of debt meant a slight increase in debt service costs. However, the National Treasury was proud to emphasis than South Africa compared favourably to most countries since the debt, as a percentage of the GDP, was currently at 40 per cent.
To a question on transformation and women representation in senior management position, the National Treasury responded that 3 of its 10 Deputy Director-Generals were women - although 1 of them is in an acting capacity. However, the National Treasury further reported that it was increasing the number of women in senior management positions in line with demographics.
With regards to compliance with the PFMA, the National Treasury responded that compliance with the PFMA was at a slow pace. The National Treasury reported that, in order to address this, specific departments facing financial management challenges had been identified and targeted and the National Treasury had reached an agreement on how they were going to work together in addressing financial management challenges.
With regards to shareholding in the African Development Bank, the National Treasury mentioned that the current shareholding was more than 200,000 shares in the bank, which could be translated to approximately 4.6 per cent. The National Treasury added that it was the third largest shareholders in the African Development Bank and that it was undersubscribed by 50 per cent. There was however room for increasing its shareholding in the Bank.
With regards to the impact of the northern Africa's social and political developments on South Africa, the National Treasury reported that Lybia was responsible for 2 per cent of oil supply, so it was not that significant and did significantly explain the type of increase realised in oil prices.
With regards to service delivery challenges at the local government, the National Treasury responded that it was always the challenge of adequately funding municipalities that was negatively contributing to service delivery, but there was a host of things including human problems, incorrect political choices, lack of planning, appointment of inexperienced and unqualified people into strategic positions and poor procurement practices. The National Treasury added that only a few municipalities could not perform better due to insufficient funding.
With respect to creation of jobs, the National Treasury reported that most of jobs were created in the private sector, mainly in sectors of finance and manufacturing.
Increased cost effectiveness, internal efficiency and institutional respectability.
SARS explained that the above-mentioned core outcomes manifest along the entire trader/taxpayer value chain which would be achieved through compliance philosophy. SARS further explained that compliance philosophy links its actions to the degree of taxpayer/trader compliance which would be achieved by increasing efficiency resulting from the Modernisation programme.
Effectively second human resources to broaden engagement with low revenue generation taxpayers and traders to improve tax and customs compliance.
Strategic priority 7: Deepen key external relationship to manage the whole value stream.
Conclude the voluntary disclosure programme to encourage proactive disclosure of non-payment by non-compliant taxpayers.
Implement a revised service delivery philosophy, service charter and channel strategy that meets taxpayer/trader needs.
Enhance a service offering (e.g.
Enhance the traveller experience when entering and leaving the country.
Embed (further) the SARS' values-based leadership model with appropriate resourcing and capabilities.
Accelerate the development of a small business segment in support of entrepreneurship, economic growth, and job creation - including the enhancement of the Turnover Tax system.
Build an external skills pipeline to enable sustainability and creation of employment.
Build institutional respectability and service delivery excellence for SARS and its governmental partners.
The South African Revenue Service reported that a focus to achieve its outcomes would be done in line with government's outcomes approach and that it would be tracking its progress. The following targets of SARS are summarised as per core outcomes.
Table 2 (below) presents performance targets to assess the achievement of this core outcome.
Achieving progress against identified benchmarks [e.g.
Table 3 (below) presents performance targets to assess this core outcome.
Cash recovered from debt book (Rbillion) 8.
Achieving progress against identified benchmarks (e.g.
Table 4 (below) presents performance targets to assess this core outcome.
Average processing turnaround time for PIT returns (working days) 1.7 1.7 1.7 1.
Average processing turnaround time for CIT refunds (working days) 2.85 2.85 2.85 2.
Table 5 (below) presents performance targets to assess this core outcome.
Treasury allocation to revenue percentage 1.3 1.2 1.2 1.
Table 6 (below) summarises the budget as per line item as follows.
Total funds available 8,331,000 8,910,573 9,512,723 10,037,482 0.
National Treasury Grant 8,066,810 8,653,573 9,244,374 9,757,215 0.
Interest income 48,000 30,000 30,000 30,000 -0.
Other income 216,190 227,000 238,349 250,267 0.
Funding allocation 8,331,000 8,910,573 9,512,723 10,037,482 0.
Modernisation and initiatives 838,376 896,700 957,296 1,010,105 0.
Enforcement 2,239,502 2,395,300 2,557,167 2,698,231 0.
Service 3,678,774 3,934,700 4,200,595 4,432,317 0.
Support 1,574,348 1,683,873 1,797,664 1,896,830 0.
Table 7 (below) summarises the human resource plan as follows.
Temps 862 650 550 400 per cent Net Growth Excl temps 1.9 per cent 1.9 per cent 3.0 per cent 4.
The Committee wanted to know if the target of R741bn was based on 3.4 per cent GDP, and whether it is possible that the growth rate continues on this trend that SARS may come in above its target.
The Committee noted corruption within SARS, and wanted to know what further steps do SARS intend instituting to stamp out corruption. The Committee commended SARS on good work done in this regard.
The Committee noted the interest income of R30bn and wanted more clarity on the matter.
The Committee sought clarity on over-collection. Whether the projection was intended to achieve that and how realistic projections were. The Committee also wanted to know what the impact of the 2010 FIFA World Cup was in over- collection.
The Committee noted that the strategic priorities from SARS decreased from 11 to 7 over the past 3 years, and wanted to know what benefits will this yield.
The Committee wanted to know what the cost and return on investment was for the modernisation programme, and at what point will this programme be completed. In addition, the Committee noted that it has become increasingly difficult to obtain a clearance certificate due modernization and requested reasons for this. The Committee also wanted to know to what extent compliant measures assist SARS in achieving its targets.
The Committee noted the increase in the tax payer database, and wanted to know the database was reliable.
Projections for accurate compliance remain a challenge because of the different amounts being collected. Higher economic growth, results in higher revenue collection. Although the 2010 FIFA World Cup assisted with revenue collection, the event costed a lot of money.
In terms of modernisation and return on investment, SARS is changing the institution in terms of design and products. Work started on VAT, to make it more efficient for both SARS and the tax payer. A huge change in customs modernisation is currently underway whereby less paper is produced and more electronic transactions are processed.
SARS admitted that corruption schemes exists and have lately arrested a lot of people, including 20 employees. Part of the benefits of modernizing VAT is the tracking of transactions people claim. Over the last two months, a process of modernising the VAT system has begun. This includes a higher level of security and enhanced identification of internal fraud capabilities.
In terms of the outcomes and strategic priorities, SARS had 11 priorities, with modernizing being one; there are still a few things outstanding. SARS have begun automating a lot of things, and linking up credit bureaus, there were issues of expansion, which were dropped, as priorities were revisited. Priorities continue to change, but core remains the same and are enduring.
Although SARS received a grant from National Treasury, the expenditure patterns did not match, hence the R30b interest on income.
With regard to tax certificate clearance, SARS indicated that tax clearance certificates are part of the modernization programme and that there are still a few flaws in the system. As SARS digitize and link systems, more stringent measures are put in place as to who get tax clearance certificates.
In terms of debt recovery, SARS reported that a total amount of R13.8 billion was recovered with the bulk the money recovered from administrative penalties. There were 86000 people that paid penalties, amounting to R761m.
The tax register contains over 10 million people. There are 4 million new SITE payers on the tax register which was automatically registered by their employers.
Having considered the strategic plans (including budgets) of the National Treasury and the South African Revenue Service, and the Budget Vote 10: National Treasury, the Standing Committee on Finance recommends that the House approves the said strategic plans and the Budget Vote 10.
The National Treasury should submit a detailed progress report to Parliament on the financing options proposed for the much-needed National Health Insurance Fund.
The National Treasury should submit a plan to Parliament on how they are going to contribute to the assistance of other municipalities that were not included in its strategic plan.
The SARS should provide the committee with a detailed report on the return on investment of the modernisation programme within 3 months after the adoption of this report by the House.
The Standing Committee on Finance would like to express its sincere thanks to the Minister of Finance, the Deputy Minister of Finance, and officials of the National Treasury and the South African Revenue Services for their continuous willingness to engage with the Committee on financial and fiscal issues in the spirit of cooperative governance.
The Standing Committee on Finance expresses its condolences to the Deputy Minister of Finance, Mr Nhlanhla Nene, for the loss of his family member - the Deputy Minister of Finance is in the prayers of the Members of the Standing Committee on Finance.
The Standing Committee on Finance further expresses its congratulations to Mr Lungisa Fuzile on his appointment as the Director-General of National Treasury.
<fn>GOV-ZA.3471221En.2012-02-10.en.txt</fn>
Minister of Finance 1887 2.
Justice 1891 2.
Finance 1921 3.
Register of shareholders of the South African Reserve Bank as at 31 March 2011, in terms of section 32 of the South African Reserve Bank Act, 1989 (Act No 90 of 1989).
Proclamation No 48 published in the Government Gazette No 33563 dated 23 September 2010: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 49 published in the Government Gazette No 33563 dated 23 September 2010: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 50 published in the Government Gazette No 33563 dated 23 September 2010: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 51 published in the Government Gazette No 33563 dated 23 September 2010: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 52 published in the Government Gazette No 33563 dated 23 September 2010: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 53 published in the Government Gazette No 33563 dated 23 September 2010: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No R.64 published in the Government Gazette No 33769 dated 15 November 2010: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No R.65 published in the Government Gazette No 33769 dated 15 November 2010: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 1 published in the Government Gazette No 33931 dated 13 January 2011: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 10 published in the Government Gazette No 34081 dated 9 March 2011: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 11 published in the Government Gazette No 34081 dated 9 March 2011: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 12 published in the Government Gazette No 34081 dated 9 March 2011: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 13 published in the Government Gazette No 34081 dated 9 March 2011: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 14 published in the Government Gazette No 34081 dated 9 March 2011: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 15 published in the Government Gazette No 34081 dated 9 March 2011: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Proclamation No 16 published in the Government Gazette No 34081 dated 9 March 2011: Notification by President in respect of entities involved in terrorist and related activities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26 of the Act.
Referred to the Select Committee on Security and Constitutional Development for consideration and report.
The Budget Vote 24: Justice and Constitutional Development has five programmes: The Department is directly responsible for the Administration, Court Services and State Legal Services programmes; Programme 4 is the allocation to the National Prosecuting Authority (NPA), which accounts separately for its spending, although the Director-General: Justice and Constitutional Development is the accounting officer; and Programme 5 contains the allocation to auxiliary services, including transfer payments to Legal Aid South Africa (LASA), the Special Investigating Unit (SIU), the South African Human Rights Commission (SAHRC) and the Public Protector (PP).
The Department of Justice and Constitutional Development, the National Prosecuting Authority, Legal Aid South Africa, the Special Investigating Unit, the South African Human Rights Commission and the Public Protector each presented their revised strategic plans for the MTEF and their budget for 2011/12.
Department of Justice and Constitutional Development - 29 March 2011.
National Prosecuting Authority - 30 March 2011.
Special Investigating Unit - 30 March 2011.
South African Human Rights Commission - 16 March 2011.
Department of Justice and Constitutional Development: Ms N Sindane (Director General); Dr K De Wee (COO) and Mr G Hollamby.
National Prosecuting Authority: Adv. M Simelane (NDPP); Adv N Jiba (DNDDP); Adv N Mokhatla (DNDDP).
Legal Aid South Africa: Judge D Mlamblo (Chairperson); Ms M Naido (Board Member) and Ms V Vedalankar (CEO).
Special Investigating Unit: Mr W Hofmeyr (Head); Mr S Sokupa (Portfolio Manager) and Ms S Muller (Head: Communications).
With the exception of the Special Investigating Unit, the Committee engaged extensively, in October 2010, with all the bodies on their budgetary needs for the 2011/12 financial year, as well as on their performance for 2009/10 and for the first quarter of 2010/11: The Committee's response to what it heard then are contained in its budgetary review and recommendation report, dated 26 October 2010. The concerns expressed by Committee then should be regarded as integral to the Committee's evaluation of this process.
Part 1 provides an overview of the overall appropriation to the Vote for the medium term and notes additional amounts allocated as a result of the recommendations in the budgetary review and recommendation report.
Part 2 outlines the Department's presentation to the Committee, focussing mostly on its achievements in the previous financial year, the key planned activities for 2011/12 and its challenges.
Part 3 summarises the NPA's presentation to the Committee on its strategic and annual plans and on its budget.
Part 4 contains a summary of the presentations of LASA, the SIU, the SAHRC and the PP.
Part 5 provides a summary of key reporting requirements.
All the presentations referred to in Parts 1-4 can be obtained from the Committee secretary.
Administration 1 427.4 1 625.2 1 728.9 1 833.
Court Services 3 994.2 4 341.7 5 096.1 5 408.
State Legal Services 722.1 750.7 782.2 806.
National Prosecuting Authority 2 684.3 2640.3 2 770.7 2 914.
Auxiliary and Associated Services 1 959.5 2 055.7 2 296.4 2 446.
Total 10 787.5 11 413.6 12674.3 13 409.
Direct charge for Judges and Magistrates' salaries 1 929.8 2 104.1 2 401.8 2 575.
Total 12 717.2 13 517.6 15 076.1 15 984.9 2.1. The main appropriation increases from R10.8 billion in the 2010/11 financial year to R11.4 billion in 2011/12. This amount does not include a direct charge against the National Revenue Fund of R2.1 billion for judges and magistrates' salaries, which brings the overall appropriation for 2011/12 to R13.5 billion.
Although the overall allocation to the programmes within the Vote increases in 2011/12 by a nominal 5.8% compared to 2010/11, real growth is 0.96%.
An amount of R245 million is added to the baseline for 2011/12. Additional amounts are for the Presidential Initiative (R30 million); OSD Phase 2 - NPA and Justice (R45 million and R5 million respectively); improved conditions of service (R247 million); and municipal services (R64.4 million).
The baseline, however, is reduced by R114 million and R33.2 million as a consequence of the cancellation of the Third Party Fund Public Private Partnership initiative and further savings effected by Cabinet, respectively.
The Committee recommended in the budgetary review and recommendation report that the Department receive additional funds.
Accommodation, specifically to build a high court in Mpumalanga at Nelspruit and to address related infrastructure issues, such as maintenance. The Department reported that it needed R224 million for the new courts and for additional accommodation. Additional amounts of R240 million in 2012/13 and R250 million in 2013/14 are allocated for the construction of new courts.
Information Communication Technology. The Department had asked for R150 million for ICT to replace obsolete equipment and to expand its network. Additional amounts of R100 million in 2012/13 and R110 million in 2012/13 are allocated for this.
The Department did not receive additional funds for improved security at courts, despite the Committee's recommendation in this regard, as this item could be accommodated within the baseline if prioritised.
LASA also received additional funds to improve its practitioner per court ratio, accommodate OSD funding and increase its civil work. Additional amounts of R44.6 million, R90.8 million and R106.3 million are allocated to LASA for increased capacity, improved conditions of service and the implementation of phase 2 of the OSD for legally qualified professionals.
The PP and the SAHRC received additional funds to support their mandate: The PP is allocated additional amounts of R18.3 million, R24.1 million and R27.8 million for increased investigative capacity, improved conditions of service and municipal and accommodation charges; The SAHRC has additional funds in the amount of R6.2 million and R13 million for increased legal capacity, improved conditions of service and municipal and accommodation charges.
Overview of Strategic Plan 2011 - 2016 3.1. The Director-General presented the Department's strategic plan for the period 2011-2016. The Department has revised its strategic plan 2011-2016 to comply with the National Treasury Framework for Strategic Plans and Annual Performance Plans, which focuses on outcomes-based planning. The Department is in the process of finalising its annual performance plan, which will include targets that adhere to SMART principles.
Financial management - In past years, the Auditor General has expressed qualified opinions relating to financial management and non-compliance with procedures. Although there has been progress, indications are that the Department may have a repeat finding on Third Party Funds for 2011/12.
Internal Processes - There has been an increase in the number of fraud and corruption cases compared to previous years. The Department is implementing the Minimum Anti-Corruption Capacity Requirements (MACC) set as a public service anti-corruption standard, and is involved in various public service anti-corruption forums and interventions driven by the Justice Crime Prevention and Security (JCPS) Cluster. The Department is also increasing capacity in enterprise risk management.
Customers - In the Master's Office, the Department has concluded a co-operation agreement with LASA to assist in the administration of the estates of minors. The Master's Office MOVIT project is using the Home Affairs National Identification System (HANIS) to verify clients so that the turnaround time for payments is reduced. In addition, the Integrated Management System (ICMS Master) has been deployed to all 402 magistrate's offices that deal with deceased estates. A Master's turnaround project is receiving attention. In addition, the Department will maximise the information technology systems that have been implemented and initiate disciplinary action where members of staff have committed fraud, as well as refer matters to SAPS.
Service delivery - A turnaround strategy for maintenance services will be implemented in 2011/12, including expediting application procedures and processing, payments and punitive measures against defaulters; Case backlog interventions are continuing in 2011/12.
People issues - These include the shortage of skills in key areas; an oversupply of personnel in certain areas; underrepresentation of women and people with disabilities, particularly at senior management level; and low productivity and low morale.
Goal 1: To increase the Department's accountability, effectiveness and efficiency. (Improved compliance with legal and good practice requirements in respect of governance across all branches and structures towards an unqualified audit.
Goal 2: To improve the effectiveness and efficiency in the delivery of justice service.(Courts and justice service points are supported to improve finalisation rates, efficiencies and backlogs in respect of all criminal, civil and family matters.
Goal 3: To transform legal services to protect and advance the interests of government and citizens and to promote constitutional development. (The exposure of government to legal risk is reduced, citizens have access to quality guardian and probate services, the state has access to legal advice and services and constitutional development is promoted.
Goal 4: To effectively coordinate the JPCS Cluster in the delivery of Outcome 3. (The provision of effective coordination of the cluster to enable the achievement of the 8 outputs that will result in the successful delivery of Outcome 3: All people in South Africa are and feel safe.
Seventeen strategic objectives give effect to these goals and are related to the three programmes that the Department administers directly (Administration, Court Services and State Legal Services). These are set out in greater detail below.
The strategic plan refers to three (3) projects that have been prioritised for 2011/12.
Achieve a 'no audit qualification' in 2012/13.
Service turnaround in maintenance services.
Service turnaround in the Masters' Branch.
The implementation of accounting systems that will enable the Department to produce more credible financial statements.
The implementation of human resources systems that will improve the management of leave, performance, etc.
The implementation of policies, processes and procedures to improve controls across the Department.
The implementation of internal audit processes that will provide early warning and carefully monitor high risk areas.
The full use of the support from National Treasury to improve the Department's financial maturity.
Investigating Saturday courts for maintenance and other family related matters.
Introducing mediation services for maintenance matters.
Facilitating skills training for maintenance line managers and front line staff on maintenance norms and standards and the Maintenance Act.
Appointing additional maintenance investigators over 3 years.
Facilitating the appointment of maintenance complaints managers to fast track maintenance complaints received from the Presidential Hotline and other sources.
Launching an improved media and awareness campaign.
Launching maintenance guidelines for the judiciary.
Introducing initiatives to address delays in the service of maintenance process documents.
Facilitating proposals to urgently amend the Maintenance Act to make provision for future maintenance, role clarification of maintenance officers and maintenance prosecutors and a more effective way of enforcing maintenance orders.
1896 Monday, 6 June 2011 3.6.2.
Online databases to address the credibility of the administration of insolvent estates.
Automation of master's services completed with appropriate delegations to allow the approval of assistant masters in different locations.
Appointment of frontline staff who can resolve enquiries without escalations.
Implementation of training and the entrenchment of a clientdriven approach.
Implementation of a communication strategy that will help change perceptions of master's offices, such as the negative impression around fraud and corruption.
The Limpopo High Court in Polokwane (R417 million) and the Mpumalanga High Court in Nelspruit (R407 million).
Building both courts will contribute to the creation of jobs in the local construction industry and, once operational, will need judicial officers and administrators.
The Department has identified investment in information technology as a key enabler. However, budget cuts have affected the IT maintenance plan with the following consequences: Ageing servers and other infrastructure; out of warranty servers that are a high operational risk; an inadequate business continuity plan; and a slow network that impacts negatively on turn-around in service delivery.
There have been incidents of serious crime against staff members and the public (such as intimidation, murder, theft of state assets, theft of dockets and court records, escapes and robberies with aggravating circumstances.) To curb the costs of increasing security at service delivery points, the Department is exploring the possibility of using the South African National Defence Force to secure service delivery points.
The Department has a major challenge in addressing the historical imbalances of the court infrastructure: prior to 1994, most court services were not situated in townships or in rural areas. When the Department decided to increase its services to previously excluded areas; facilities were unsuitable, requiring major refurbishment. Unfortunately, addressing the problem is complicated by the: Escalation of infrastructure costs above inflation, which means the cash flow for building new courts is often insufficient and results in construction being postponed; the need to take into account the maintenance and accessibility programmes of existing facilities; the use of the infrastructure budget for additional accommodation where necessary; the growth in establishment and new services delivered.
There has been a significant increase in litigation against the state that requires interventions such as the development of a policy to manage state litigation and increased resources to the Office of the State Attorney.
Other areas affected by budgetary constraints are: Increasing the establishment of the lower courts and providing the judiciary with adequate 'tools of trade'; expansion of support personnel establishment (interpreters, finance and supply chain management personnel) as well as personnel performing quasi-legal functions; implementation costs of new and proposed legislation; document and record management; adequate provision of library services to the various courts; and the enhancement of constitutional development programmes.
The Administration programme provides strategic leadership and improves internal control systems.
Performance is linked to the following objectives: Improved corporate governance to achieve an unqualified audit for 2012/13; improved management of fraud and corruption cases and improved human resource delivery. Since the requirement that strategic and annual performance plans have SMART indicators is new, not all objectives are measurable at present. This will be corrected during 2011/12. All indicators, in the annual plan will be SMART.
Increased compliance with prescripts to achieve and sustain an unqualified audit. Unqualified audit.
Improved management of fraud Increased finalisation of fraud and and corruption cases corruption cases (Specific target to be finalised after review of definitions).
Improved human resources service delivery. Percentage of human resources services that meet full service standards (Specific target to be finalised after baseline established).
Increased optimisation of systems (automated and manual). Implementation of 11 systems identified in Information Technology Plan.
Increased percentage of Complete 90% of outstanding cases outstanding TRC victims with of living beneficiaries and 40% of access to reparations per TRC deceased beneficiaries by the end of recommendations. five years.
Administration is allocated R1.6 billion for its Ministry, Management, Corporate Services and Office Accommodation sub-programmes. The programme grows in real terms by 8.64% in 2011/12 and receives 14.2% of the overall allocation to programmes.
Corporate Services, consisting of the Department's Human Resources, Finance and Information Technology branches, is allocated the largest portion of the programme's budget (R893 million or 55% of the programme's budget).
The Court Services programme provides for the resolution of criminal, civil and family law disputes by providing courts with administrative support and managing court facilities.
Overall, Court Services accounts for 38% of the allocation to programmes. The Programme receives R4.3 billion in 2011/12, growing by 3.72% in real terms from R3.9 billion in 2010/11. Within the programme, spending is prioritised towards the Lower Courts sub-programme, which receives 60% (R2.6 billion) of the programme's allocation.
For 2012/13, Court Services has been allocated additional amounts of R187 million for the appointment of more judges and administrative support; R240 million to build new courts; R80 million to increase court capacity and R85 million for the implementation of legislation for vulnerable groups.
Improved co-ordination of the JCPS Cluster towards the delivery of Outcome 3. Meetings are held as per agreed schedule and ad hoc meetings as per demand.
Improve finalisation of activities in support of the outputs of Outcome 3. Achievement of all targets against each activity in the delivery agreement.
Improved delivery of maintenance services. All maintenance service points meet service standards stipulated (Service standards to be signed off).
Increased protection of the rights of vulnerable groups. 100% of policies and initiatives relating to legislation affecting vulnerable groups finalised (See indicator definition).
Increased access to justice Increased utilisation of justice services by underserviced services by underserviced communities. communities (5-year target to determined).
Improved functionality of justice Percentage of justice service points service points. meeting functionality standards (Baseline study will determine targets).
Improved delivery of services at courts. Percentage of courts meeting the stipulated turnaround times in quasijudicial services (Baseline study will determine targets).
The State Legal Services programme aims to improve legal services and to promote constitutional democracy. It is the smallest of the Department's three programmes, receiving R750.7 million or 6.6% of the allocation to programmes.
of the programme's budget for 2011/12.
R64.6 million or 9% of the Programme's allocation.
Improved delivery at the Master's service points. 100% of Master's service points fully capacitated and automated by 2015/16.
Increased efficiency in the provision of services to beneficiaries of the Guardian's Fund, trusts, as well as insolvent and deceased estates. 100% of Guardian's Fund, trusts, insolvency and deceased estates matters finalised within timeframes stipulated.
Promote constitutional Completion of the five-year development and strengthen programme on constitutional participatory democracy to ensure development.
respect of fundamental human rights.
Provision of legal services to state organs. Level of capacitating of legal service branches (Target depends on the baseline study to be determined in 2011/12).
Improved policy and legislative Submission of all stipulated policy framework for effective and frameworks, legislation, efficient delivery of justice services. regulations, rules and research publications.
The Committee has previously voiced its frustration at the quality of the Department's planning. Given that the Department's operational budget has been reduced over the MTEF from 2009/10 onwards and it is experiencing spending pressures, careful planning with the necessary prioritisation of what needs to be done, becomes even more important. Again, this year, the Committee has had trouble in fairly assessing the Department's strategic plan for 2011/12 and beyond, which the Department conceded differs substantially from previous plans as a result of the new National Treasury guidelines for strategic and annual performance plans. The absence of an operational plan, which clearly sets out the Department's planned activities, targets and projected spending, exacerbates the Committee's difficulties in this regard. Issues of continuity are a concern to the Committee and the Committee questioned what has become of several of the key performance indicators contained in the previous strategic plan. Also, many of the indictors are not measurable at present, as the relevant baselines are still being established. For now, this will hinder the Committee's ability to methodically monitor and evaluate the Department's performance.
As mentioned above, the Department's annual performance plan for 2011/12 was not presented with its strategic plan and budget -it was still being finalised. The Committee, therefore, was not presented with details of the Department's planned activities and targets for the year, nor was projected spending for the year matched to operations. The annual performance plan has since been tabled but the Department has not briefed the Committee on its contents. The Committee would like the Department to do so at the next quarterly meeting in July or August 2011.
The Committee is disappointed that the Department did not specifically address its concerns and recommendations contained in the budgetary review and recommendation report for 2010. The Committee requests that, in future, the Department ensure that it not only provide written reports on specific issues requested by the Committee but also ensure that it routinely addresses these when reporting quarterly.
The management of the Third Party Funds has led to the Department receiving a qualified audit opinion since 2005/06. Unless the Department is able to resolve its problems relating to Third party Funds it will not meet its first priority which is receive a 'no audit qualification in 2012/13'. The Committee is concerned that the Department appears to have made little progress in clarifying the legal status of the Third Party Funds or in finding a convincing solution to their management. At the Budgetary Review and Recommendation proceedings, in 2010, the Committee learnt that the Department no longer intended to go ahead with the public private partnership (PPP), which that it had been pursuing for several years, opting instead for an 'in-house' solution to manage the funds. Also, the Committee had been told before that there was a need for legislation to clarify the status of these funds to allow the Department to report them separately; then the Committee was informed that the National Treasury had advised the Department that it should establish the Funds as a trading entity. It is apparent that there has been little progress since towards clarifying the Fund's status: As the Department has not received further advice from the National Treasury it has decided in the meantime to proceed with drafting legislation. This legislation, the Committee was told, would be similar to that establishing the Guardian's Fund.
The budgetary review and recommendation report for 2010 recommended that the Department, with the National Treasury, present its plan to resolve the management of these Funds, and that details of wasted costs relating to the mothballed PPP initiative are provided (The Committee learnt from the Department that its baseline has been reduced by R114 million for 2011/12; R119 million for 2012/13 and R126 million as a consequence of the cancellation of the private-public partnership initiative but is unclear whether these amounts have been in fact been reallocated to priority projects within the Department). The Committee has been unable to hold this meeting because of work pressures but regards it as a priority. The Committee intends to schedule a meeting with both the Department and the National Treasury on this issue in the next quarter, July - September 2011. At the meeting, the Department should also ensure that it addresses the relevant resolutions of the Standing Committee on Appropriations.
'Improved human resource service delivery to all of the Department's customers' is an objective. The Department admits that it is struggling to address personnel issues: It is short of skills in critical areas (especially, finance, risk management, internal audit and strategy); is not sufficiently representative of women and persons with disabilities; and struggles with low productivity and poor morale. For some time, the Committee has expressed its concern at the high vacancy rate within the Department, although it acknowledges that overall there has been progress - the vacancy rate is 9.2% and 8.5%, if the judiciary is excluded. However, unacceptably high vacancy rates at the senior management level and in critical occupations remain. Given the Department's focus on achieving a 'no qualification' audit opinion by 2012/13, the Committee is especially concerned at the high vacancy rate in the Chief Financial Officer's office, which was 24% at the end of February 2011. It welcomes the appointment of three Chief Directors to that office in April 2011. The position of the Chief Master of the High Court, however, is unfilled after several years. The Committee believes that, unless the vacancies in management are filled, the Department's effective running is likely to be compromised. Again, the Committee cannot help but make comparisons with LASA, which has a recruitment rate of 94% and has made considerable effort to attract and retain staff. The Committee requests that the Department provides a written plan with targets and timeframes by 15 July 2011 and brief it at the next quarterly meeting on how it intends filling all vacancies at senior management level. The other human resource challenges identified by the Department should also be addressed. The Committee, once more, specifically requests that the appointment of a Chief Master of the High Court is prioritised.
The Department informed the Committee the improved management (and speedy conclusion) of fraud and corruption cases is an objective. It intends to address outstanding disciplinary and grievance cases and to increase capacity so that the time taken to resolve these matters is reduced. It is focussing especially on addressing instances of fraud and corruption in the Master's office and at courts. The Committee previously expressed its dissatisfaction at the delays in finalising these matters, as well as its concern at the impact that the lack of capacity in the Department has on its ability to prevent and combat financial and other misconduct. Given the focus on tackling instances of fraud and corruption within the JCPS cluster, the Committee is dismayed that the Department appears to be in the very early stages of establishing a baseline, still reviewing its definitions of 'forensic investigations', 'fraud', 'corruption' and 'financial misconduct'. It is only once the baseline has been established that improvements in the Department's performance in managing fraud and corruption cases can be assessed. Still, the Department is asked to provide the Committee with a comprehensive written report on the progress of its disciplinary and grievance matters, including a section that deals specifically with cases of financial misconduct, by 30 June 2011. The Committee also notes, with interest, the Public Service Commission (PSC) findings that the most common forms of alleged corruption in the Department involve fraud and bribery, mismanagement of government funds, abuse of government resources and procurement irregularities. The PSC also found that the Department's dedicated Forensic Audit Unit faces capacity constraints.
Adequately securing courts and justice centres is a recurring challenge for the Department. Incidents include arson, intimidation and theft of assets and information. In its BRRR report, the Committee supported the Department's bid for additional funding to provide increased security at courts and justice offices. The Committee could not establish with any certainty whether the Department's motivation for additional funding had been submitted to the National Treasury. The Department, however, did not receive specific funds for 2010/11 for security, and will need to accommodate escalating security costs within its baseline allocation. The Committee was also informed that the Department is exploring the use of SAPS officers and SANDF members to provide additional security at courts. Given the seriousness of the problem and the attendant risks, the Committee is of the view that the Department should prioritise this item in its budget and plan accordingly. In addition, the Committee requests that the Department provide it with a written report by 15 July 2011 that provides full details of the extent of the problem; its plan with targets and timeframes to address security problems at identified high risk courts; as well as its plan to ensure adequate security at all courts and other facilities in future. The Committee would also like to be briefed on this matter at the next quarterly meeting in July or August 2011.
The Department informed the Committee that budget cuts have severely affected the maintenance plan of its Information Technology infrastructure. This has led to ageing servers and other infrastructure; out of warranty servers that pose a high operational risk; an inadequate business continuity plan; and slow networks impacting on turn-around in service delivery. Through the Committee's intervention, the Department will receive an additional R210 million for improvements to its IT systems over the MTEF. The Committee, however, is unclear -given the key role that IT plays in strategies to improve service delivery - regarding the extent to which the Department has as a matter of course addressed the maintenance and upgrading of its IT infrastructure when planning for expenditure.
The Committee requires further clarity regarding the nature of the difficulties that the Department is experiencing in managing improvements to ICT within the JCPS cluster. The need for improved co-ordination of cluster-departments' IT systems has been identified as being key to reducing crime. The Department mentioned that the relationship between the Integrated Justice System (IJS) and the State Information Technology Agency is especially challenging. The Committee requests the Department to provide a written report with targets and timeframes to address the difficulties it is experiencing by 15 July 2011 and brief the Committee at the next quarterly meeting in July or August 2011.
The Committee noted that the Office of the Chief Justice has been proclaimed a government Department. The Committee is unclear regarding the accounting lines but wishes to emphasise the need to respect judicial independence. It intends to invite the Chief Justice and heads of court to meet with it in the near future to learn more of this new Department, as well as any difficulties that may have emerged in its establishment.
The Committee has for some years expressed its dissatisfaction at ongoing poor court performance despite many initiatives to improve the situation, including projects to reduce case backlogs and to ensure more efficient case management. It learnt that the Judiciary has agreed to the introduction of performance targets in courts and that the Chief Justice has taken on the responsibility of monitoring performance in all courts, including the magistrates' courts. The intention, this year, is to ensure that performance standards are established. The Committee welcomes this and looks forward to receiving regular progress reports. It asks that the Department includes a progress report when it reports quarterly to the Committee, beginning at the next meeting in July or August 2011. Before the meeting, the Committee would like to have a written report by 15 July 2011 that gives details of the strategy and actions planned to address this matter.
Parliament approved assistance measures for victims identified in terms of the Truth and Reconciliation process. The Committee, however, is extremely disappointed at the Department's ongoing delay in giving effect to those assistance measures which it must implement. The Committee was told that there has been some progress in identifying and locating the descendants of beneficiaries: The Department of Home Affairs and the Independent Electoral Commission have assisted the Department in this regard. The Committee also learnt that some regulations are close to being finalised. The Committee, however, finds the lack of finality - after so long - unacceptable. It fails to understand how it can be that the Department did not think before now to make use of existing databases within government to locate beneficiaries. The Committee requests that the Department provide it by 15 July 2011 with a comprehensive written report providing details of the plan with targets and timeframes to resolve the outstanding recommendations. The Department should also be prepared to brief the Committee on progress at the next quarterly meeting in July or August 2011.
The services of the Office of the State Attorney are of great importance to national and provincial departments. Litigation against the state has increased significantly recently as a result of citizens being more aware of their rights; opportunism; a fragmented approach to the management of state litigation and the absence of a framework making use of alternative dispute resolution mechanisms. The strategic plan intends to curb the costs of litigation by, among developing a framework for the efficient management for state litigation; increasing the resources allocated to the office to improve its capacity; preparing and implementing a standardised fee structure for paying private counsel; and developing an alternative dispute resolution mechanism process. The Committee also leant that the Department has difficulty in collecting monies it disburses on behalf of client departments in legal proceedings and is extremely concerned at the negative effect this has on its budget. The Committee believes a policy framework that provides a uniform approach to state litigation is long overdue and in its absence it is difficult to redress the matter of briefing patterns to ensure representivity and encourage the passing of knowledge and skills to less experienced practitioners. In addition, the Committee specifically requests that the Department, by 15 July 2011, give the details in writing of the practitioners it briefs.
The increased access to justice of women, children and persons with disabilities is a priority of government and of the Department. The Committee welcomes initiatives such as the agreement with LASA to assist in the administration of child-headed households. The Committee also notes that the Child Justice Act has been in operation now for a year and the related national policy framework is being implemented. There are also challenges of which the Committee is acutely aware, for example, while part of the national Register of Sex Offenders is complete, there are difficulties capturing the particulars of those convicted of sexual crimes in the past. However, while there are several such initiatives that are intended to improve access to justice for vulnerable groups, it is difficult for the Committee to methodically evaluate how much money is being spent or its impact. The Committee requests that the Department report quarterly on its spending plan for vulnerable groups, starting at the next quarterly meeting in July or August 2011.
The Committee welcomes the prioritisation of maintenance matters in the Department's strategic plan and the many planned initiatives to ensure improvement in the delivery of maintenance services. The turnaround project envisages the development of service standards. The Committee is firmly of the view that more frequent and structured communication, possibly a forum, between the Department and the NPA would assist greatly in addressing the many systemic challenges that emerge relating to maintenance matters and in formulating the required service standards.
The National Director of Public Prosecutions (NDPP), Adv M Simelane, presented the NPA's strategic plan 2016 and annual performance plan 2011. The JCPS Service deliver agreement forms the basis for the NPA's planning.
Reduce overall levels of serious crime and specifically the levels of contact and trio crime (OUTPUT 1) 1. Increased successful prosecution of serious crime.
Improve CJS efficiency (OUTPUT 2) 2. Improved collaboration with JCPS partners.
Eradicate corruption, including bribery, by officials within the CJS (OUTPUT 3) 3. Improved prosecutions of JCPS officials charged with corruption.
Manage the perception of crime (OUTPUT 4) 4. Improved justice services for the victims of crime.
Improve investor confidence (OUTPUT 5) 5. Increased successful prosecutions of serious corruption.
Address cyber crime (OUTPUT 8) 6. Increased prosecution of cyber crime.
The annual performance plan provides details of the indicators for each strategic objective, as well as the activities.
Re-engineering and modernising business processes in and around courts to allow for a more efficient use of court time.
Finalising more criminal cases (by 2% each year).
Reducing case backlogs by 10% by 2014.
Increasing the number of cases finalised by diversion and alternative ways by 20% by 2014.
Co-ordinating anti-corruption activities across the CJS and the prosecution of corruption cases in the Cluster.
Successfully convicting 100 people with assets of more than R5 million restrained.
Increasing the number of Thuthuzela Care Centres from the current 25 to 30 in 2011/12; 35 in 2012/13 and 40 in 2013/14.
Public Prosecutions 1 972.7 1 900.
Witness Protection Programme 130.7 137.
Asset Forfeiture Unit 106.6 106.
Support Services 474.3 495.
Total 2 684.3* 2 640.
This includes the additional allocation for the OSD-Phase II.
The NPA is allocated R2.64 billion for the 2011/12 financial year. Overall, this is a decrease, in real terms, of 6.14%. Spending for 2011/12 is prioritised to prosecution services.
The Public Prosecutions sub-programme provides for general prosecutions and several specialised prosecution units, including priority crimes litigation, sexual offences and community affairs and specialised commercial crime. The sub-programme receives R1.9 billion for 2011/12. This is the NPA's largest sub-programme and makes up 73.5 % of its total allocation for 2011/12. In real terms, the sub-programme receives 8.06% less than in 2010/11.
The Witness Protection sub-programme provides for protection, support and related services to vulnerable witnesses and related people in judicial proceedings. The sub-programme is allocated R137. 8 million for 2011/12. This is 5 % of the NPA's budget. In real terms, the sub-programme receives 0.6 % more than in 2010/11.
The Asset Forfeiture Unit (AFU) sub-programme is responsible for seizing assets that are the proceeds of crime or have been part of an offence through a criminal or civil process. The AFU receives R106 million for 2011/12, which is 4% of the NPA's overall budget. The amount the sub-programme is allocated decreases in real terms by 5.04% compared to 2010/11.
The Support Services sub-programme provides corporate support services in terms of finance, human resources, ICT, supply chain and risk management to the NPA. It receives R495 million, or 19% of the overall budget, which is 0.29 % less in real terms compared with 2010/11.
Since the 2006/07 financial year, the NPA has received three qualified audit opinions and a disclaimer. Poor financial controls and a culture of non-compliance with policies and procedures, as well as a lack of guidelines on budget management have contributed to the qualifications. Another factor is a weak control environment.
The NPA's ability to fulfil its mandate effectively is undermined by a lack of, or poor, co-ordination and cooperation across the JCPS Cluster.
An inadequate budget to support delivery, specifically in the lower courts, may greatly impact on the NPA's ability to provide quality prosecutorial services and on the resources available to staff. This includes the provision of reasonable accommodation, minimum standards of furniture and equipment and even stationary.
The shortage of suitably qualified, skilled and competent personnel across most, if not all disciplines is a risk. The NPA has struggled to attract staff in all disciplines and has struggled to reduce its prosecutorial vacancy rate. The aspirant prosecutor programme has been the key strategy to fill vacancies but has not had the desired result. Suitable external candidates have not been found largely because of a lack of required experience at higher levels. Although Justice College is the main provider of prosecutorial skills, it has not been associated with a marked improvement in output.
The prosecutorial function is linked to high levels of autonomous decision-making that can be abused if not monitored. A culture of non-compliance can crate an environment in which corruption flourishes, especially in critical processes such as supply chain management, The NPA has not been good at addressing non-compliance or for disciplining speedily.
The Committee notes that the NPA has received a significantly reduced budget for 2011/12, receiving almost 7% less in real terms than in 2010/11. The NPA told the Committee that this may impact on service delivery. Budget constraints also result in prosecutorial staff not having the required resources (this includes the provision of reasonable accommodation, minimum standards of furniture and equipment and even stationary), which creates stress within the working place and affects morale. However, the Committee notes that the NPA, for its part, has failed to spend 9% of the funds allocated to it in the 2010/11 financial year. The Committee is not clear at this stage as to all the reason(s) for the underspending but understands that it is largely the result of vacancies and the failure to disburse all funds relating to the implementation of Phase II of the OSD. The Committee has previously expressed its concern at the perceived complacency of management. It intends to closely monitor actual spending against the projections for the year as part of its quarterly reviews. The NPA will need to put measures in place to address any potential negative effect as a result of its reduced budget.
The Committee is also displeased that almost half of the amount allocated in 2010/11 for the implementation of Phase II of the OSD has still to be disbursed, despite the relatively small amounts concerned. However, the Committee learnt that some money would have to be surrendered and individuals, who had not been paid, will need to be accommodated from the baseline. Given the reduced budget, this, in the Committee's view, is undesirable.
The Committee is concerned that the vacancy rate in the NPA remains high (12% among prosecutors and 15% in corporate services). The NPA conceded that its operation to recruit more prosecutors has not had the intended results and that it will need to do more to fill vacancies. In some areas there is a lack of expertise amongst the prosecutors, which is exacerbated by an inability to retain skilled staff. The NPA will need to do more in order to fill its vacancies. Again the Committee cannot but compare unfavourably the NPA with LASA, which has a very high recruitment rate and aims to be an employer of choice.
The Committee is concerned at the large number of informal mediations being used to resolve cases, albeit that informal mediation typically occurs in domestic violence matters and in less serious offences. As informal mediation is unregulated, there is potential for the process to be abused. The NPA told the Committee that it is monitoring the use of informal mediation to detect patterns that may suggest abuse of prosecutorial discretion. The Department is finalising policy guidelines but the Committee believes that there may be need for legislation to regulate alternate dispute resolution methods that include both diversion and informal mediation.
At present, sexual offence cases are heard in both dedicated and the mainstream courts. Thuthuzela Care Centres are one-stop centres for rape care and also hear sexual offence cases. The Committee welcomes the intention to build more Thuthuzela Care Centres, is keenly interested in the project plans and would like to be informed of progress at the quarterly reviews. Previous statistics presented to the Committee indicated higher conviction rates at dedicated courts. However, the NPA's research suggests that these figures were skewed as these courts were hearing other matters. Regardless, the statistics reveal significantly lower conviction rates for sexual offence cases than for other criminal matters. The Committee remains of the view that sexual offence cases require special/dedicated skills but has been told that the judiciary is not in favour of specialist/dedicated sexual offence courts, as it can lead to unequal services and for reasons of career-pathing. The Committee feels that it needs to look at the management of sexual offence cases in a more focused way. The Committee intends to invite all relevant roleplayers - the Department, the NPA, LASA and the judiciary - to meet with it in the next quarter, in July or August 2011, for this purpose.
LASA is allocated R1.15 billion for 2011/12, which includes OSD funding. Its total budget for 2011/12 is R1.2 billion, of which R867.8 million is for salaries; R30 million is for case backlogs; R96.6 million is direct expenditure on Judicare, co-operation agreements and impact litigation; R195.8 million is for operating expenses; and R17.7 million is for capital expenditure.
Client, community, stakeholder and shareholder 1. To deliver client focused and quality legal services. 2. To educate/ inform communities about the Constitution and legal aid services. 3. To contribute to building an efficient and effective justice system, JCPS Cluster and to implement actions flowing from the Criminal Justice System Review. 4. To account timeously to Parliament and to the Executive Authority.
Finance and sustainability 5. To maintain a sustainable and financially stable LASA. 6. To ensure good governance. 7. To develop a strong and recognised LASA brand.
Business processes (internal) 8. To review business processes and ensure that the efficient, effective, economic, clientcentred, professional and independent. 9. To develop accurate, relevant and timely management information to inform business planning and decisions. 10. To ensure sound financial management and sustainable business processes.
Employee and organisational strategy 11. To expand the national footprint to increase the capacity to deliver services and to support the delivery of legal services. Staffing in support of delivery. 12. To develop appropriate competencies. 13. To implement people-centred resource management with LASA an employer of choice. 14. To maintain a positive organisational culture. 15. To enhance the LASA IT platform. 16. To build a learning and innovative organisation.
Total R1 208 136 9.3.
The annual salary increases that were higher than the government grant macro increase of 6% (70% of its budget goes to salaries).
Contract escalations were on average 12% which were higher than the government grant macro increase of 6%.
Overall, its budget shows negative growth in real terms.
It has been allocated inadequate funding to implement new legislation, for example, the Child Justice Act, 2008.
LASA's presentation of its strategic and annual performance plan has, as in previous years, greatly impressed the Committee. The work it does is laudable and, in the Committee's view, merits wider attention. It suggests that LASA be proactive in seeking out opportunities to promote what it does.
The Committee is encouraged at the strong emphasis that has emerged on the 'quality' of the services LASA provides. It is impressive that LASA engages in a process of auditing the quality of the work done by its practitioners.
The Committee supports LASA's goal of expanding its civil work and impact litigation; is aware of the financial constraints that it faces in this regard; and believes that LASA should be allocated more financial resources for this purpose.
Farm dwellers receive legal support from the Department of Rural Development and Land Affairs through a judicare system. The Committee intends to look into this more closely as it is unclear to it whether it would not be better to make use of LASA's services.
LASA has been extremely innovative in expanding its reach. It has launched a call centre with toll free number, which provides free legal advice to everyone, regardless of means. The Committee welcomes this, and would like to be kept informed of the impact that the call centre is having, as well as any challenges that the LASA may experience, if any.
The Committee supports the LASA's aim to reach to the rural poor. LASA has entered into co-operation agreements to expand its national footprints. The Committee is interested in how effective these are and would like to be informed of developments at quarterly meetings.
The Committee notes the potential overlaps between LASA and other entities in promoting and educating the public of their rights: The SAHRC and the Justice Department are already running education campaigns about the Constitution. The Committee suggests that public awareness or education campaigns are coordinated to ensure that resources are used efficiently and effectively. LASA reassured the Committee that it is aware educating the public about the Constitution was not its direct responsibility and is considering how best to cooperate with the SAHRC and others on specific programmes.
The SIU is an independent, statutory body that investigates corruption and maladministration and can institute civil legal action to correct any wrongdoing. Each investigation it conducts is mandated by a proclamation from the President.
The SIU is funded by way of a transfer payment from the Vote. In 2011/12, the SIU receives R193.6 million, a 7.9% increase in real terms compared to 2010/11. The additional allocations for the MTEF provide for investigative capacity and inflation.
The SIU also generates income by charging client departments for its investigations. In 2006/07, its projects accounted for 60% of its total income. This has decreased to 44% in 2010/11: In 2010/11, it generated revenue in the amount of R143.2 million. The SIU expects that its self-generated revenue in 2011/12 will be approximately R151.6 million.
The SIU's strategic objectives have both an external and an internal focus. The intended impact of its external objectives is to strengthen strategic partnerships; increase the scope of operations; and contribute directly to Outcome 3 (South Africans are and feel safe) and 12 (Efficient, effective and developmentorientated state).
Increase the impact of the SIU's forensic services in the public sector.
Achieve optimum institutional form.
Ensure excellent co-operation with law enforcement partners and stakeholders.
Secure appropriate capacity and funding.
Align and improve systems and processes.
Invest in appropriate technology capacity.
Build an engaged, diverse and competent SIU.
Develop effective, accountable, and engaging leadership.
In 2009/10, the SIU found itself largely dependent on partner funding. Given the global recession, this was risky. The SIU concluded an intensive organisational development process to better capacitate it and adopted a 3-5 year approach to strategic planning. A key focus was to position the SIU as the forensic service provider to the state and to increase projects and funding.
In 2010/11, the SIU formed part of the new government initiatives to combat corruption. This has had a significant impact, increasing its workload and funding. The SIU has also aligned its strategic plan with outcomes-based approach of government and linked its work to Outcome 3 (Output 3) and Outcome 12 (Output 4).
A major focus has been to build more capacity through recruitment and development initiatives to deal with investigations of corruption. It also sources additional forensic investigators from the private sector as a short term interventions and skills transfer initiative.
Overall, regarding performance, there has been a significant change in the SIU's focus from small, multiple cases to fewer, complex, long term investigations into procurement. This coincides with government's new focus on procurement irregularities. The SIU is participating in initiatives like the Anti-Corruption Task Team (ACTT), Multi Agency Working Group on Procurement (MAWG) and the Special Anti-corruption Unit in the Department of Public Service and Administration (Wasps).
Government has set a target of successfully convicting 100 people who have assets of more than R5 million obtained through illicit means. This is a difficult target to achieve as there have been approximately 5 such cases in the past 10 years. In 2010/11, there were 16 new proclamations - the most ever in a single year. Two proclamations relating to ongoing investigations were also extended.
The PFMA provides accounting officers with control of the investigation, disciplinary action, possible civil action or referral for criminal actions, and the implementation of recommendations. This can be a problem where the accounting officer fails to take action or is even implicated.
Questions could be raised about the sustainability and effectiveness of the SIU funding model. A possible solution is to adopt the AGSA model where departments pay for the work done. Also, funding is always raised as an excuse when departments did not want to investigated.
Delays in amendments to the SIU's enabling legislation that address, among others, the issue of the SIU's locus standi in pursuing civil litigation, restricts the SIU's overall impact.
The Committee commends the SIU for the exceptional work it is doing in tackling fraud and corruption within government.
The Committee is concerned at the levels of fraud and corruption in government departments and other bodies, suggested by the SIU's workload. It agrees with the SIU that it is encouraging that the government has accepted that corruption is a problem. The fact that targets were set for the JCPS cluster reveal determination to root out this problem.
The Committee understands that the Justice Department is bringing legislation to amend the SIU's enabling legislation to address any challenges when it pursues civil litigation to make recoveries. It intends to follow up with the Department precisely when the amending legislation will be tabled.
The Commission is allocated R89 million for 2011/12, which it receives in the form of a transfer payment from the Department of Justice and Constitutional Development. The allocation is reflected under the Vote's Programme 5: Auxiliary and Associated Services. The allocation for 2011/12 has grown in real terms by 14.27% from R73 million in 2010/11.
Despite the increased allocation of R89 million for 2011/12, the CEO highlighted that the Commission had identified an ideal budget of R115 million.
Align its resources with its objectives.
Reduce personnel (Identified posts have been suspended until restructuring process has taken place).
Ensure rental savings the new Head office will save approximately the Commission approximately R1.5 million each year.
Increase its capital expenditure, especially for information technology infrastructure.
Continue with the trend of shifting spending overall from corporate services to operations.
The pressure of a limited budget and other resource constraints has led the Commission to review its strategic plan. The latest plan, encompassing the period 2011-2014, identifies five strategic outcome-orientated goals.
Improve the quality of complaints handling mechanism to enable greater access to and protection of rights, particularly by the most vulnerable.
Improve the quality of monitoring, evaluation of and reporting on the realisation of human rights by streamlining the monitoring, evaluation and reporting processes to effectively measure the realisation of human rights.
Inculcate a culture of human rights through human rights advocacy by developing and implementing an effective and efficient human rights advocacy plan.
Strengthen organisational efficiency to ensure the effective and efficient utilisation of human and financial resources.
Improve communication and stakeholder engagement by developing communication tools and key stakeholder relationships.
There are six strategic objectives that flow from the strategic outcome-orientated goals mentioned above.
Promote compliance with international obligations.
Position the Commission as the focal point for human rights in South Africa.
Strengthen advocacy and human rights awareness training.
Advance the realisation of human rights.
Advance the right to equality and access to information.
Improve the effectiveness and efficiency of the Commission.
All programmes relate to a particular strategic objective, although the Commissioners' and the Office of the CEO's programmes are cross-cutting.
Human Rights Advocacy Programme (Education and Training) 6 477 14 562 114.
Legal Services Programme 15 346 14 400 -10.
Research Programme 6 467 7 494 10.
Parliamentary and International Affairs Programme 1 646 2 361 36.
Commissioners 5 886 12 713 106.
Strategic Management 3 042 7 473 134.
Financial Management 4 976 4 674 -10.
Internal Audit 1 218 2 550 99.
Human Resources 9 280 5 118 -47.
Administration and SCM 12 374 14 167 9.
Information and Communication 7 656 3 554 -55.
Special Programmes 0.0 0.
Total 74 368 89 066 14.28 11.6.1. The Commissioners set the strategic direction and the Secretariat (headed by the CEO) implements this. The Secretariat's operational component consists of the Human Rights Advocacy Programme (Education and Training); Legal Services Programme; Research Programme and Parliamentary and International Programme. Including the Commissioners, these programmes account for 46% of the Commission's budget. In 2010/11, operations received 22% of the overall budget.
Corporate programmes make up the rest (Financial Management; Administration and Supply Chain Management; Human Resources; Information and Communications and Internal Audit). These programmes receive a smaller share of the overall budget than in previous years: In 2010/11, corporate programmes were allocated 78.3% of the Commission's resources but receive only 54% in this financial year.
The Committee is very appreciative of the Commission's valuable work in promoting and protecting human rights. It notes that the Commission's co-operation with similar bodies elsewhere in the world and, especially, in Africa.
The Committee congratulates the Commission on the quality of its plans; it acknowledges that there is a large difference between the Commission's ideal budget of R115 million, and its allocation for 2011/12. However, the Commission's allocation has increased by 14% in real terms from 2010/11, which is a significant amount. The Committee is pleased to learn that the Commission's planning has taken into account the need to adjust its priorities to ensure that its budget is sufficient and that it has put in place the necessary strategies to this effect. It notes the Commission efforts to save costs, such as travelling economy class instead of business class, centralised printers and fewer meetings over lunchtime to reduce catering costs.
The Committee agrees that the amendments to the Commission's enabling legislation and outdated staff regulations are long overdue. The Committee understands that Commission has commented on the proposed amendments and will to follow up with the Department on its progress in drafting the amending legislation.
The Committee would like the Commission to brief it specifically on its complaints mechanism at the next quarterly meeting in July or August 2011.
The Committee supports efforts to strengthen the Commission's relationship with Parliament. It is of the view that Parliament would benefit if, as a matter of course, the Commission's work was to be brought to the attention of committees with a specific interest in the subject matter. The Committee also suggests that in future the Commission not only table its reports but notify it routinely of its publications.
Furthermore, the Committee believes that the new parliamentary unit dedicated to supporting the Chapter 9 and related institutions can play a vital role in ensuring that the Commission's work is more widely disseminated. The Committee intends to meet with the unit to learn more regarding its role.
The Commission received an unqualified audit report in 2009/10 but the Auditor-General raised certain issues regarding performance management. The Commission has acknowledged that it did not have sound performance management systems in place to monitor organisational performance and that the Commission's risk management processes continue to pose a challenge. Budget constraints, however, have meant the Commission is unable to appoint a Risk Manager. The Committee would like the Commission to include a report on its progress in addressing the AuditorGeneral's concerns when it meets with the Committee in the next quarter.
The PP is allocated R142 million in 2011/12. The increase in its allocation from R120 million in 2010/11 (an increase in real terms of 19%) is partly to fund what it is owed to the Department of Public Works for leases. The bulk of the PP's budget (70%) goes to personnel costs.
The PP presented a revised Strategic Plan. The vision, mission and mandate are unchanged.
Accessibility to and trustworthiness by all persons and communities.
Responsiveness to all complaints through accountability and prompt remedial action.
Promoting good governance in the conduct of all State affairs (through systemic transformation).
Effective and efficient business and support systems and operations.
Optimal performance and service focused culture with committed people.
Accessible to and trusted by all persons and communities.
Promotion of good governance in the conduct of all state affairs.
An efficient and effective organisation.
Optimal performance and service focused culture.
The PP is still struggling to obtain the co-operation of State institutions. It asked that Parliament consider requiring that Ministers indicate in their annual reports any recommendations that the Public Protector has made recommendations concerning their Ministries/Departments and the action that has been taken to address the recommendations.
The PP does not have adequate investigative capacity, and there is a need to improve case management systems.
The need for improved/enhanced accessibility to all persons and communities. A fully fledged call centre is also required.
The PP appealed to the Committee to approve its new structure and to direct National Treasury to fund the new posts.
The PP deals with approximately 15 000 cases each year. The resources available to it are inadequate. In terms of the provincial split, the North West province receives more money than any other province.
Recommending an increased allocation to the Public Protector for resources primarily to increase accessibility and address capacity constraints in investigations.
Providing continued support in the area of remedial action.
Reviewing the determination of the remuneration and other terms and conditions of the Deputy Public Protector.
Continuing to play a more visible role with regard to monitoring State compliance and encourage respect for the Constitution, the status of the PP and the rule of law.
Endorsing the new organisational structure of the office and direct Treasury to immediately fund the structure.
The Committee notes that the Public Protector's budget has increased in real terms by 19%, although the allocation may not be as much as the Public Protector would have liked. The Public Protector told the Committee that a large part of the increased allocation was for the implementation of the Occupational Special Dispensation and to settle outstanding amounts owed to the Department of Public Works. There was only R3 million available to increase investigative capacity at the Office. While the Committee supports the work of the Public Protector and is sympathetic to the pressures of the mandate, all who account to the Committee have to plan carefully and look to ways to save as they have been asked to do more with less.
The Committee remains of the view that the allocation to the North West office is disproportionately large. The Committee understands that this is primarily a legacy of the former Bophutatswana ombudsman. Still, something needs to be done: The Committee suggests that some members of staff could be retrenched or moved to other offices. The Public Protector told the Committee that it is addressing the problem - the North West office is not receiving any increase in its allocation over the medium term. The Public Protector assured the Committee that positions are also not been filled when vacated to bring the office to a reasonable size.
The Committee learnt that the Public Protector is developing an accessibility framework, which will be presented once complete. This is a most welcome initiative. The Committee had previously suggested that the Public Protector look into using municipal facilities and Thusong Centres on agreed dates to expand its reach and save on rental costs. The Public Protector told the Committee that while the office is looking into the suggestions, it is concerned at the possible blurring of boundaries between government structures and the Public Protector. For this reason, the Public Protector is also looking into the possibility of using post offices to increase its accessibility. The Committee is also puzzled at the location of regional offices in Kuruman, Vryburg and Upington, which are in close proximity. The Committee suggested that the Public Protector look into relocating its regional offices to ensure the most efficient and effective distribution of its resources.
The Committee would like to see communications with the Public Protector strengthened: The quarterly meetings should assist. The Committee is keenly interested in the Public Protector's work and would like to be notified of any reports or other publications that the Public Protector produces.
The Committee suggested that the Public Protector should also compile a report, before the annual report process, indicating which departments or ministries had not responded to its recommendations to assist Parliament in bringing those who do not comply to account.
The Committee would like the Public Protector to provide more information on the proposed new organogram, as well as on the proposed adjustment to the remuneration of the Deputy Public Protector.
Presentation of annual performance plan 2011/12 (see paragraph 7.1.1.
Strategy and action plan to address the management of Third Party Funds (see paragraph 7.2.2.
Action plan to address vacancies at senior management level, as well as other human resource challenges identified by the Department (see paragraph 7.2.3.
Progress made on disciplinary and grievance matters, with special reference to cases of financial misconduct (paragraph 7.2.4.
Strategy and action plan to address security at courts (see paragraph 7.2.5.
Strategy and action plan to address problems relating to management of information technology in the JCPS Cluster (see paragraph 7.2.7.
Quarterly At next quarterly paragraph 7.3.2.) briefings meeting - July or August 2011 and quarterly thereafter (refer to Committee programme).
Strategy and action plan to address the recommendations of the Truth and Reconciliation Commission (see paragraph 7.4.1.
Details of legal practitioners briefed by the Department in state litigation (see paragraph 7.5.1.
Provide detailed spending plan for vulnerable groups (women, children and persons with disabilities) (see paragraph 7.6.2.) Quarterly briefings At next quarterly meeting - July or August 2011 and quarterly thereafter (refer to Committee programme).
Strategy and action plan for improved management of sexual offence cases (see paragraph 8.5.
The Committee, having considered the Budget Vote 24: Justice and Constitutional Development, supports it and recommends its approval.
The Committee thanks the Minister and the Director General and all officials who appeared before the Committee for their cooperation.
The Committee also thanks the National Director of Public Prosecutions and his staff for their co-operation in this process.
Rights Commission, the Chairperson of Legal Aid South Africa and the head of the Special Investigating Unit, as well as all respective staff members who appeared before the Committee, for their co-operation.
Constitutional Development's budget.
This report replaces the report of the Standing Committee on Finance that was published on page 1863 of ATC No 67 on 3 June 2011.
The Budget Vote 10: National Treasury (which comprises the National Treasury and the South African Revenue Service) was referred to the Standing Committee on Finance on 09 March 2011.
National Treasury and the updated strategic plan of the National Treasury. In addition, the Minister of Finance (the Minister); the Commissioner of the South African Revenue Service (SARS), Mr Oupa Magashula, and senior officials at the SARS briefed the Committee on the Budget Vote 10 and the updated strategic plan of the SARS. This report presents the Committee's deliberations with the National Treasury and the South African Revenue Service. Both briefings took place in Parliament on 31 May 2011.
The Standing Committee on Finance was established in terms of section 4 (1) of the Money Bills Amendment Procedure and Related Matters Act, No 9 of 2009.
An efficient, effective and development-oriented public service and an empowered, fair and inclusive citizenship. In order to make this contribution, the National Treasury stated that it fully adopted the outcomes approach in preparing its updated strategic plan.
The National Treasury reported on the existing economic status.
3.7 per cent for the 2011 calendar year, there was gradual increase in economic growth - caused by stable macro-economic conditions.
4.2 per cent as at April 2011 and that this moderate rate of inflation, in the South African context, created basis for low interest rates which was at a 23-year low as at May 2011. With respect to employment, the National Treasury reported that it was projected to grow 1.8 per cent annually and that the Statistics South Africa's figures showed that the number of persons in the South African labour force increased by 213,000 between the last quarter of the 2010 calendar year and first quarter of the 2011 calendar year. Furthermore, the National Treasury argued that admission of South Africa into Brazil, Russia, India and China (BRIC) economies to form Brazil, Russia, India, China and South Africa (BRICS) economies, would present a platform for South Africa to contribute to shaping economic reform. BRCS is the group of the countries which are all deemed to be at a similar stage of newly advanced economic development. The National Treasury was pleased to state that the South African Revenue Service had exceeded its revenue target by R2 billion in the 2010/11 financial year.
However, the National Treasury reported that, although the existing level of the inflation rate as at April 2011 was moderate, it was projected to reach an average rate of 5.2 per cent in the 2011 calendar year and to reach 6.0 per cent in the 2012 calendar year. Thus reaching the upper limit of the targeted inflation rate bracket of 3 - 6 per cent. The National Treasury further reported that another risk to the economic environment was rising costs of production owing to rising fuel prices - a process that would translate into higher food prices and, in turn, higher inflation rate.
1.8 per cent annually, unemployment remained stubbornly high in South Africa. The National Treasury described erratic capital flows, like in many developing countries, as a challenge for the country.
Global risks affecting South Africa were reported as follows: slow demand in Europe (one of the South Africa's significant trade partners) which could slow demand for South Africa's exports; European sovereign debt's and banking risks; and rising inflation rate in emerging economies which could negatively affect economic growth of these economies.
The purpose of this programme is to provide specialist policy research, analysis and advisory services in the areas of macroeconomics, microeconomics, and taxation, the financial sector, and regulatory reform. It comprises two divisions, namely: Economic Analysis and Forecasting, and Tax and Financial Sector Policy.
Manage (actively) government's debt portfolio through buyback and switch/exchange programmes. A debt level is set to rise to R1.4 trillion, which would be 39.
2.6 and 2.
Grand Total 38,704,903 38,226,156 22,598,191 -41.6 8.
Comments and questions of the Committee are summarised in this sub-section as follows.
The Committee wanted to know the position of the National Treasury with regards to Public Private Partnership (PPP) for prisons.
The Committee noted that there are logistical problems in ports, as trade are not executed with ease and ask the National Treasury what was done to address this challenge in ports. Richard Bay ports were used as an example where these challenges existed.
With respect to the appropriateness of tax rates, the National Treasury informed the Committee that South Africa operated in a tight fiscal environment - for example, the tax GDP ratio was more than 28 per cent before recession and currently it was 25 per cent since there was slow economic growth in the South African environment. The National Treasury added that they could widen the tax base by either increasing businesses or individuals taxes (or both), or by creating more businesses that pay tax, but it was not happening at the required (or expected) rate.
With respect to savings and underspending, the National Treasury reported that savings of R30 billion at the end of 2010/11 financial year were as a result of withdrawal from programmes which were no longer relevant to the country. The National Treasury informed the Committee that savings were defined differently from underspending. Savings was further defined by the National Treasury to mean cheaper ways to procure goods and services by the departmentsreal savings.
The Committee wanted to know if the target of R741 billion was based on 3.4 per cent GDP, and whether it is possible that the growth rate continues on this trend that SARS may come in above its target.
The Committee noted the interest income of R30 million and wanted more clarity on the matter.
The Committee wanted to know what the cost and return on investment was for the modernisation programme, and at what point will this programme be completed. In addition, the Committee noted that it has become increasingly difficult to obtain a clearance certificate due modernization and requested reasons for this.
Committee also wanted to know to what extent compliant measures assist SARS in achieving its targets.
Although SARS received a grant from National Treasury, the expenditure patterns did not match, hence the R30 billion interest on income.
In terms of debt recovery, SARS reported that a total amount of R13.8 billion was recovered with the bulk the money recovered from administrative penalties. There were 86000 people that paid penalties, amounting to R761 million.
This report replaces the report of the Standing Committee on Appropriations that was published on page 1859 of ATC No 67 on 3 June 2011.
In terms of section 10 (1) (c) of the Money Bills Amendment Procedures and Related Matters Act, No 9 of 2009, the relevant members of Cabinet must table updated strategic plans for each Department, public entity or institution, which must be referred to the relevant committee for consideration and report. Budget Vote 6 was referred on 23 May 2011 to the Standing Committee on Appropriations, hereinafter referred to as the Committee, for consideration and reporting. The Committee was requested to confer with the Portfolio Committees on Public Service and Administration, and Cooperative Governance and Traditional Affairs in terms of Rules 139, 303 and 304 of the National Assembly.
Table 1 (below) highlights the breakdown of the allocated funds per programme over the Medium Term Expenditure Framework (MTEF).
Table 1 (above) indicates that more resources (R24.7 million) are allocated to Outcomes Monitoring and Evaluation programme (programme 2). This is precisely due to its broad mandate which includes outcome facilitation to ensure the development of the outcome approach to performance monitoring and evaluation. It also includes the outcome research to support the learning of outcomesoriented performance monitoring and evaluation across government and coordinates research projects. This is followed by Integrated Public Performance Data Systems which is allocated R21.7 million to provide support through Information Technology. This will ensure performance monitoring and evaluation data integration across government. The programme includes maintaining and administering the programme of action by means of focusing on data acquisition. Part of the programme includes monitoring and evaluating capacity building which aims to promote the use of data as a performance management tool.
<fn>GOV-ZA.3471231En.2012-02-10.en.txt</fn>
Bills passed by Houses - to be submitted to President for assent..
Cooperative Governance and Traditional Affairs 1964 2.
Cooperative Governance and Traditional Affairs 1971 3.
Merchant Shipping (Safe Containers Convention) Bill [B 31B - 2010] (National Assembly - sec 75).
Annual Performance Plan of the Department of Basic Education for 2011- 2012 [RP 37-2011].
Letter from the Minister of Water and Environmental Affairs dated 10 May 2011, to the Speaker of the National Assembly explaining the delay in the submission of the Annual Reports of the Botshelo Water, Magalies Water and Namakawa Water for 2009-2010.
In terms of section 55(1)(d) of the Public Finance Management Act , 1999 (Act No. 1 of 1999) (PFMA) the accounting authority for a public entity must submit within five months of the end of the financial year, i.e. 30 November of each year, to the executive authority responsible for that public entity its annual report and financial statements for tabling in Parliament.
In terms of section 65(1) of the PFMA the executive authority for a public entity must table in the National Assembly the annual report and financial statements of the public entity not later than 31 December of each year.
In terms of section 65(2) of the PFMA if an executive authority fails to table within the prescribed period, the executive authority must table a written explanation in the legislature setting out the reasons why the annual reports were not tabled.
Botshelo Water, Magalies Water and Namakwa Water failed to submit their annual reports and financial statements within the set timeframe.
Botshelo Water delayed the submission of their financial statements due to difficulties in the financial systems to substantiate some of the disclosures made in the financial statements. The Board was simultaneously implementing a new accounting system and some key elements of this process was only finalised by the implementing consultant after year-end. The Auditor-General received the amended and signed set of financials on 13 January 2011 and concluded its report on 12 April 2011.
Magalies Water delayed the submission of their financial statements due to internal difficulties and challenges that they experienced with their finance department. The Auditor-General received the financial statements for auditing on 21 October 2010 and issued its final audit report on 21 January 2011. The Board submitted copies of its annual report to the Department on 8 April 2011.
I approved the tabling of the annual report on 2 May 2011.
Namakwa Water's financial statements were prepared and audited by an independent auditor. It was evident from the auditor's audit queries that the stated income and debtors in the financial statements were incorrect. After the Board presented the necessary documentary proof, a new set of financial statements were issued on 21 April 2011. The financial statements will be presented to the Board on 24 May 2011, where after the annual report will be printed before it can be submitted to my Department.
Plan and Budget Vote to the Committee. This was done as part of the Committee's role in conducting parliamentary oversight and ensuring executive accountability, especially with regards to the budget expenditure of the Department.
3.1 It was indicated that the 2011/12 Strategic Plan and Budget Vote of the Department was presented against the background of a government committed to changing the lives of its citizens through better health, decent jobs, quality education, and safety and security. There was specific emphasis on the creation of jobs.
3.2 The Department will, amongst others, lead the process to finalise the debate on the Single Public Service; determine the skills level of public servants with a view to making targeted capacity building interventions; develop and implement a sustainable methodology to monitor compliance with signing of Performance Agreements; provide training and development opportunities for interns and learners, as well as develop a strategy to reduce the period it takes to fill a vacancy in the Public Service.
Another critical intervention for the DPSA was the creation of the Special Anti-corruption Unit with the following objectives; institute effective and integrated management of investigation of corruption cases in the Public Service; conduct disciplinary proceedings; offer legal and advisory support, and ensure strategic information management.
4.1 The Director-General presented the Strategic Plan and Budget Vote of the Department. The presentation focused on the strategic priorities, strategic objectives and outputs, outputs under the delivery agreement for Outcome 121, and budget allocation in terms of the medium-term expenditure framework.
PROGRAMME 2011/12 R'000 2012/13 R'000 2013/14 R'000 1. Administration 165,259 176,650 189,937 2. Human Resource Management and Development 33,966 36,475 39,489 3. Labour Relations and Remuneration Management 23,273 25,332 27,012 4. Public Sector Information and Communication Management 40,862 43,301 46,037 5. Service Delivery and Organizational Transformation 50,630 53,879 58,292 6.
Outcome 12 is the Delivery Agreement between the Minister of Public Service and Administration and the President of the Republic of South Africa.
Source: Estimates of National Expenditure (ENE) 2011 - Vote 12, Public Service and Administration.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 69â2011 5.
The Director-General indicated that, in translating Outcome 12 into the Department's outputs and activities, 10 priorities and their related objectives have been identified to guide the Department's work in the 2011/12 medium term. The sections below discuss each of the strategic priorities.
6.1 The Department would be working towards improved and more effective public sector accountability by strengthening its output on Batho-Pele impact assessment, approved standards for waiting time, the job-grading system and compliance on directives.
6.2 The measurable indicators for the strategic outputs would include the facilitation of the implementation of the Batho Pele impact assessment, development and approval of standards for waiting time, Cabinet approval of the job-grading system, and assistance to 60 departments in aligning their organisational structures to their strategic objectives.
Some of the activities indicated to improve the strategic priority, included the training of officials across the national and provincial departments on Batho Pele impact assessment and the finalization of approved standards.
7.1 The outputs which the Department presented in relation to the strategic priority, included an information and financial management system, the building of state capacity through HR connect, the approval of operational plans, the development of discipline management framework, the formulation of reporting mechanisms with the Auditor-General and Public Service Commission on disciplinary cases, the improvement of the monitoring and evaluation system, and the improvement of data integrity.
7.2 The measurable indicators that were developed were in line with the strategic priority, which was aimed at ensuring that some of the national and provincial departments manage their human resource component through integrated financial management systems, linking job-titles to Public Service job-profiles, and finalizing disciplinary cases within 90 days.
7.3 The main activities indicated in relation to the strategic priority, included the establishment and implementation of the HR connect in the outstanding 21 departments, the analysis of data received from departments and PERSAL, the analysis of the reporting system with the Auditor-General and Public Service Commission, and the formulation of reporting mechanisms for disciplinary cases.
8.1 The outputs that were presented in line with the strategic priority above, related to the deployment of a Basic Accounting System and the ensuring of ICT connectivity of Thusong Services Centres.
8.2 Some of the measurable indicators presented in respect of the strategic priority, related to the deployment of key public infrastructure to enhance the security of one transversal application by March 2012, and connection of 125 Thusong Service Centres by March 2012.
The main activities presented to enable the achievement of the above strategic priority, included the development of architecture and designs, and the completion of LAN Cabling in 125 Thusong Service Centres.
9.1 The major outputs identified under this strategic priority, involved the development of policy on the utilization of the training budget and the intake of learners and interns in the Public Service.
9.2 The measurable indicators presented included the approval of policy for utilization of training budgets and the completion of 25 000 internship programmes by March 2012.
9.3 The main activities presented required the development of a dashboard on all programmes, consultation with stakeholders, and tabling of a report on the achievement of targets.
10.1 The outputs identified in terms of this strategic priority involved the analysis of organizational skills of senior managers and the development of a policy on minimum requirements for the appointment of senior managers to a higher level.
10.2 The measurable indicators for the strategic priority, included the development of capacity-building programmes for senior managers, and the drafting of policy for the appointment of senior managers by March 2012.
1968 Tuesday, 7 June 2011 10.3 The main activities reported by the Department involved the analysis of skills gaps of senior managers in 46 departments, the development of a draft policy on compulsory senior managers' capacity-building programme, and the establishment of collaboration with stakeholders on the policy for appointment of senior managers.
11.1 The outputs identified for this strategic priority included the approval of a youth development strategic framework in the Public Service and the implementation of a sexual HIV programme (SHIPP) in KwaZulu-Natal and Mpumalanga Provinces.
11.2 The measurable indicators involves the implementation of the youth development strategic framework by March 2012 and the implementation of SHIPP in three provincial departments of KwaZulu-Natal and Mpumalanga Provinces.
11.3 The indicators developed under this strategic priority included the development of standardized norms on youth development in the Public Service, the completion of workshops in four provinces, and the submission of report on the annual review of SHIPP.
12.1 The outputs identified for this strategic priority included the completion of training and capacity building of Chief Information Officers, and reporting on oversight over the implementation of the State Information Technology Agency's (SITA) turnaround strategy.
12.2 The measurable indicators on the strategic priority included the improvement of the ICT governance in the Public Service and the improvement in the effectiveness of SITA, by March 2012.
12.3 The activities developed towards the achievement of the strategic priority involved the completion of training for all council members of the Government Information Technology Officers (GITO).
13.1 The outputs identified included the completion of citizen engagement strategy for Community Development Workers (CDWs) for implementation in provincial departments and the strengthening of their participation in War on Poverty programmes.
13.2 The measurable indicators included the development of implementation guides of citizen engagement and 'Know Your Service Rights' by 2012, and the development of guidelines on realignment of the CDWs programme to support War on Poverty.
The activities developed included the completion of consultation with stakeholders in all the nine provinces, and the development of guidelines on the re-alignment of CDWs to support war on poverty.
14.1 The outputs identified included the compilation of a report on IT vulnerability assessment, and the approval of the implementation of the Public Sector Integrity Management Framework.
14.2 The measurable indicators developed included the completion of IT vulnerability assessment in two national departments and one province by March 2012.
The activities identified involve conducting IT vulnerability assessment in three national departments and one provincial department, and conducting one workshop with national departments, as well as with nine provincial departments.
15.1 The outputs identified were in relation to the Department's contribution to the African Peer Review Mechanism (APRM), the implementation of the Democratic Republic of Congo's National Anti-Corruption Framework, and the establishment of continental bilateral and institutional relations.
15.2 The measurable indicators developed involve the submission of a third report on the implementation of South Africa's APRM programme of action, the support to Democratic Republic of Congo on the implementation of an anti-corruption strategy, and the facilitation of four bilaterals for the Department to share best practices in governance and public administration with their African counterparts.
15.3 The activities indentified included the development and approval of cross-cutting issues of migration and xenophobia, the consolidation of inputs towards the finalization of a third report on the implementation of South Africa's programme of action, the completion of cost-analysis of the implementation plan, and the provision of technical assistance to the Democratic Republic of Congo.
1970 Tuesday, 7 June 2011 16.
16.1 The Committee has observed that the Department has translated Outcome 12 of the Service Delivery Agreement into Departmental outputs and an annual performance plan. The Minister for DPSA has been allocated the responsibility to co-ordinate the implementation of, monitoring of and reporting on Outcome 12, which emphasized the importance of an efficient, effective, and development-oriented Public Service and an empowered, fair and inclusive citizenship.
16.2 In response to the call by the President, Jacob Zuma, in his State of the Nation Address, 2011 has been declared as South Africa's "year of job creation". The Committee has also observed that the Department has identified, within its current focus areas for the medium term, how it will contribute to job creation within the Public Service, through the implementation of a strategy on the filling of vacancies, the intake of 2 500 learners into internship programmes, the creation of IT infrastructure shared service centers, the CDWs, Thusong Services Centres' general service counters, and the establishment of localized call centers.
16.3 In order to contribute meaningfully towards the reduction of corruption in the Public Service, the Committee has further observed that the Department has developed an annual performance plan focusing on improving information technology security, reducing transgression in relation to financial systems and reducing the security risk to government systems and information, through the development and implementation of a vulnerability assessment programme.
16.4 In order to fast-track service delivery in the Public Service, the Committee has furthermore observed, that the Department, in line with its annual performance plan, would be working towards an improved and more effective public sector accountability by strengthening the infusion of Batho Pele principles.
16.5 Under the strategic priority focusing on service delivery quality and access, the Committee has observed further Departmental commitments to develop and institutionalize the Batho Pele impact assessment in all sectors of government, starting with the health, education, criminal justice and administration sectors.
provide the Committee with a comprehensive list of all the summits and conferences scheduled for the 2011/12 financial year to be hosted by the Department; and provide the Committee with progress reports on a quarterly basis on the achievements made by the Department in respect of its 2011/12 medium-term priority projects per programme.
17.2 The Committee further recommends that the National Council of Provinces should approve the Budget Vote 11 of the Department of Public Service and Administration.
On 13 April 2011, the Select Committee on Co-operative Governance and Traditional Affairs, in collaboration and cooperation with the Auditor-General and the House Chairperson of Committees and Oversight (NCOP), held a workshop at the National Parliament on the consolidated 2009/10 Local Government audit outcomes in municipalities and municipal entities as at 31 January 2011.
1972 Tuesday, 7 June 2011 2. 2.1. Purpose and Objectives The primary purpose of the workshop was to provide a platform for the Auditor- General to describe how the audit outcomes could contribute to the oversight responsibility of the legislatures (national and provincial); for the legislatures to interact with the Auditor-General on the type of information required to effectively conduct their oversight, and for establishing a mutually beneficial working relationship amongst provincial and national legislatures.
In line with the legislative and constitutional principles of cooperative government and inter-governmental relations, the main objective of the workshop was to promote a co-ordinated oversight approach with the standing committees in the provincial legislatures on matters related to financial management, good governance, service delivery and accountability in South African municipalities and municipal entities.
3.1 The main participants during the proceedings of the workshop composed of members of the Portfolio and Select Committees on Co-operative Governance and Traditional Affairs, NCOP House Chairperson for Committees and Oversight, NCOP House Chairperson for Co-operative Governance, chairpersons of the Standing Committees on Co-operative Governance and Traditional Affairs and Public Accounts Committees in provincial legislatures, the Auditor-General, and officials from the Department of Cooperative Governance and Traditional Affairs, South African Local Government Association, National Parliament and provincial legislatures.
The Auditor-General presented the consolidated local government 2009-10 audit outcomes in municipalities and municipal entities as at 31 January 2011. The presentation focused on a provincial analysis of audit outcomes in municipalities and municipal entities; movements in financial-statement-qualification findings; predetermined objectives with respect to findings in the report; findings on compliance with laws and regulations; unauthorised, irregular, fruitless and wasteful expenditure; the impact on audit outcomes of management; assistance provided by consultants; findings on information systems audits; municipalities and municipal entities with funding concerns; an analysis of drivers of improved audit outcomes; an assessment of commitments from key roleplayers, and areas of focus needed from national key role-players to address audit outcomes at the time of the audit.
The provincial analysis of audit in municipalities and municipal entities, as at 31 January 2011, had discovered 10% improvement in Eastern Cape, 8% in Free State, 11% in Gauteng, 12% KwaZulu-Natal, 10% in Limpopo, 5% in Mpumalanga, 6% in the Northern Cape, 2% in the North West, and 5% in Western Cape. Despite the progress reported, unchanged audit findings were also reported. These included 32% in Eastern Cape, 16% in Free State, 22% in Gauteng, 54% in KwaZulu-Natal, 16% in Limpopo, 11% in Mpumalanga, 14% in Northern Cape, 8% in North West, and 23% in Western Cape. On regressed audit outcomes, 5% was reported in Eastern Cape, 1% in Free State, 3% in Gauteng, 1% in Limpopo, 3% in Mpumalanga, 2% in Northern Cape, and 3% in Western Cape.
The audit in 219 municipalities on predetermined objectives reporting has found that 25% composed of late/non-submission; 88% of non-compliance with the Municipal Finance Management Act, the Municipal Systems Act, and the Municipal Planning and Performance Management Regulations; 68% of information was not consistent or relevant in terms of planned performance information: and 47% of reported information was not accurate, complete and consistent in relation to source data, evidence or documentation.
The audit findings on compliance with laws and regulations in both the municipalities have revealed that expenditure was not paid within the parameters set by the applicable legislation, the Mayors/ Accounting Officers/ Officials did not adhere to their statutory responsibilities, the Audit Committee and Internal Audit Unit were not properly established or functioning properly.
The audit findings have revealed that, in 110 municipalities and two municipal entities, unauthorised expenditure was incurred; in 168 municipalities and 22 municipal entities, irregular expenditure was incurred; and in 105 municipalities and 16 municipal entities, fruitless and wasteful expenditure was incurred during the period under review.
The audit outcomes indicated leadership, financial and performance management, and an IT governance framework as institutional drivers required to improve audit outcomes at the municipality and municipal entity' levels.
The workshop raised concerns with regard to the role of the South African Local Government Association during provincial oversights and the need for the association to develop an operational plan in response to issues raised by the Auditor-General.
1974 Tuesday, 7 June 2011 4.7. The audit outcomes demonstrated that leadership was particularly weak at exercising oversight of financial and performance reporting, compliance, and IT governance matters. Regarding the establishment of an IT governance framework supporting the business of municipalities, 7% were identified as good, 15% as work in progress, and 78% as requiring intervention. In terms of financial and performance management pertaining to application systems susceptible to compromised data integrity in the municipalities, 7% were reported as good, 10% as work in progress, and 68% as requiring intervention.
The Auditor-General's consolidated report has identified and assessed the commitment of the key players who could help in addressing the audit outcomes at municipality and municipal entity levels. The key players identified include the National Assembly, the National Council of Provinces, the National Treasury, and the South African Local Government Association.
Some of the areas of focus in which the Auditor-General suggested that the national key role-players could assist in addressing the audit outcomes, were supply chain management, predetermined objectives, financial management, turnaround plans, IT controls, human resource management, and the municipalities under administration.
The workshop participants observed that the audit findings had identified the National Council of Provinces, the National Assembly, the South African Local Government Association and National Treasury as key players in working towards clean audits in the municipalities.
The consolidated audit outcomes have indicated the need for the National Council of Provinces and the National Assembly to develop an action plan for overseeing the role of municipalities and municipal entities in areas such supply chain management, predetermined objectives, financial management, turnaround plans, IT controls, human resource management, use of consultants, municipalities under administration, and governance structures.
The consolidated report of the Auditor-General has identified institutional drivers needed to improve audit outcomes at the level of municipalities and municipal entities. The identified drivers include leadership, financial and performance management, and governance.
The Select Committee on Co-operative Governance and Traditional Affairs, in collaboration with the standing committees in provincial legislatures should, after the 201l Local Government Elections, develop co-ordinated oversight action plans to address areas which require interventions in the municipalities and municipal entities.
The oversight action plans should focus on areas such as supply chain management, predetermined objectives, financial management, turnaround plans, IT controls, human resource management, municipalities under administration, use of consultants and governance structures. These were identified in the audit outcomes as areas needing intervention.
7.2 The Select Committee on Co-operative Governance and Traditional Affairs should, after the mid-June workshop on final audit outcomes, call on the Department of Co-operative Governance and Traditional Affairs, the National Treasury and the South African Local Government Association to table their operational plans in response to Auditor-General's audit outcomes.
On the 31 May 2011, the Committee met with the Department to consider briefings on their medium-term budget and strategic plans for the 2011/12 financial year. This was done as part of the Committee's role in conducting parliamentary oversight and ensuring executive accountability, especially with regards to budget expenditure and the new mandate of the Department.
2.1 Those that appeared before the Committee for the briefing on the budget included the Deputy Minister, Mr Yunus Carrim; Director-General of DTA, Dr Charles Nwaila; Director-General of CoGTA, Mr Elroy Africa; Deputy Director-General of DTA, Dr Masenjana Sibanda; Chief Operations Officer of CoGTA, Dr Keneilwe Sebego; Chief Financial Officer, Mr Mxo Mtyudha; Senior Manager in the Office of the Chief Operation Officer, Mr Abinaar Ramadie were all from CoGTA.
CoGTA is the new Department for Co-operative Governance and Traditional Affairs. The establishment of CoGTA was announced by the President, Jacob Zuma, on 10 May 2009. The establishment of CoGTA was to shift away from the narrower mandate of the former Department of Provincial and Local Government, and to respond decisively to the enforcement and coordination of weaknesses and failures observed in Government over the past 15 years.
3.1 The Deputy Minister of CoGTA said that the Department viewed the recent municipal elections as remarkable, as there had been a 57% turnout compared to the Independent Electoral Commission's (IEC's) forecast of 40%. The election process had been peaceful, and no results had been queried. However, the electorate had indicated that their votes were not unconditional, in the sense that future support was conditional upon service delivery. This has placed the focus on local government to deliver on its mandate.
3.2 Furthermore, the Deputy Minister reported that a major summit would be held in July 2011 to discuss issues that both the Select and Portfolio Committees on CoGTA had been noting for years, namely, that the current financial model for local government was not sustainable. There was a need to reach consensus on the development of a new model as part of the Local Government Turnaround Strategy (LGTAS).
This would involve looking at factors such the size of municipalities and their capacity to raise their own resources, in order to determine the functions and powers allocated to them. He described the turnaround strategy as a "do or die" matter, as communities were demanding service delivery and action therefore needed to be accelerated.
The Director-General presented the Departmental Strategic Plan and Budget Vote. The presentation focused on the development of the annual performance plan processes and priorities, strategic goals and objectives, and overview of 2011 budget and 2011/14 medium-term expenditure framework.
PROGRAMME 2011/12 R'000 2012/13 R'000 2013/14 R'000 1. Administration 212,6 216,6 222,3 2. Policy, Research and Knowledge Management 46,0 47,6 50,2 3. Governance and Intergovernmental Relations 34 213,9 37 684,1 40 077,5 4. Disaster Response Management 821,9 558,0 594,3 5. Provincial and Municipal Government Systems 248,3 260,5 274,7 6. Infrastructure and Economic Development 12 307,9 14 986,2 15 804,9 7.
TOTAL 47 933,6 53 842,8 57 120,8 5.1 The Director-General of the Department indicated that, subsequent to the signing on Delivery Agreements and performance contracts based on Outcome 92, the Strategic Plan 2009-2014 was reviewed and updated. The 2011/12 Annual Performance Plan was developed as a result of the review process, and this was done through a consultative process with relevant stakeholders. The strategic objectives are supported by the targeted projects as indicated in the Annual Performance Plan.
5.2 The first strategic goal of CoGTA focused on strengthening the capacity and capability of the Department to deliver its mandate. The main strategic objectives to be pursued during the current financial year, includes the management of internal administrative systems, capacitating municipalities in communication strategies, improve strategic management, governance process, and ensure integrated planning and reporting.
5.3 The second strategic goal centred on improving co-operative governance across the three spheres. The main strategic objectives involves the development of a revised White Paper on Local Government, improvement of monitoring and evaluation, creation of knowledge-base decision making, reviewing and amending local government policy and legislation.
5.4 The third strategic goal focused on improving municipal financial and administrative capability. The main strategic objective includes improving the audit outcomes of municipalities, ensuring effective management of the Municipal Infrastructure Grant (MIG), and strengthening anti-corruption capabilities of municipalities.
5.5 The fourth strategic goal is geared towards the implementation of a single window of co-ordination. The main strategic objective to be pursued includes the review of local government policy and legislation, and improvement of the system of disaster risk management systems.
5.6 The fifth strategic goal is directed towards deepening democracy through a refined Ward Committee system. The main strategic objective to be pursued includes reviewing a legislative framework for Ward Committees and community participation, providing support to ensure functionality of Ward Committees, and implementing a policy framework for the Community Development Workers' (CDWs) programmme.
2 Outcome 9 is the Delivery Agreement between the Minister of Co-operative Governance and Traditional Affairs and the President of the Republic of South Africa.
5.7 The sixth strategic goal centred on implementing a differentiated approach to municipal financial, planning and support. The main strategic objective to be pursued includes the availability of policy framework, as well as facilitating the development of credible Integrated Development Planning (IDP) in municipalities.
5.8 The seventh strategic goal focused on the delivery of initiatives to support human settlement outcomes. The main strategic objective to be pursued includes the facilitation of the implementation of densification policy framework and finalization of the land ownership audit.
5.9 The eighth strategic goal was mainly improving access to basic services. The strategic objective to be pursued involves ensuring increased access to basic services and establishing mechanisms to improve services.
5.10 The ninth strategic goal is geared towards the implementation of the community work programme. The strategic objective to be pursued includes ensuring the rolling-out of the community work programme in municipalities.
The last strategic goal is geared towards facilitating economic development at local level. The strategic objective to be pursued includes the creation of jobs through a system that is supportive to private sector sustainable employment at local level in all district municipalities.
6.1 The Director-General of the Department of Traditional Affairs presented the 2011/12 Strategic Plan and Budget of the DTA, the alignment to performance indicators, targets, and budget allocation for the financial year.
PROGRAMME 2011/12 R'000 2012/13 R'000 2013/14 R'000 1. Management: Head of Traditional Affairs 8 809 9 771 11 721 2. Policy and Legislation for Traditional Affairs 10 166 11 245 12 087 3. Institutional Support and Coordination 11 093 12 663 13 295 4. NHTL 20 701 22 135 23 351 5. CRL Rights Commission 22 150 23 227 24 503 6.
Source: DTA presentation to the Select Committee on CoGTA, 31 May 2011.
7.1 The first strategic objective focuses on ensuring the functionality of the DTA by establishing its capacity and capability to deliver on its mandate. The major outputs reported included the development of Departmental Strategic Plan for 2011-2014 and Annual Performance Plan, marketing and communicating the programmes, and developing a change management process.
7.2 The second strategic objective is directed towards enhancing the alignment and standardization in the regulatory, institutional and support framework for traditional affairs across provinces and municipalities. The outputs focus on the development of National Traditional Affairs Act, compliance with national legislative requirements. It was indicated that the performance indicator would include the review of National Traditional Affairs Act, development of legislation on initiation and the determination of the number of Members of Kingship/Queenship Councils.
7.3 The third strategic objective centred on ensuring the empowerment of the Traditional and Khoi-San Communities through the development of the National Support Programme. The main outputs identified includes the establishment of Advisory Committee on Khoi-San matters, development of capacity building strategy, provision of support systems for the Houses of Traditional Leaders and Traditional Councils.
7.4 The fourth strategic objective was mainly on promoting the role of Traditional Affairs and the institution of traditional leadership in the South African governance system, by establishing synergetic relations with other governance structures across the three spheres of government. The outputs reported were aimed at developing partnership model and assessing the report on the state of governance in the area of Traditional Affairs. The annual performance indicators would include the development of seven provincial assessment reports, and adoption of the Consolidated National Report on the assessment of the state of governance on Traditional Affairs.
7.5 The fifth strategic objective focuses on supporting Departmental entities to play a central role towards development and service delivery. The outputs are aimed at developing monitoring and reporting systems. The performance indicators and targets will include the review of quarterly reports, monitoring and reporting systems, as well as the coordination of Annual Performance Plans for entities.
The last strategic objectives is geared towards enhancing knowledge management within Traditional Affairs. The outputs reported are aimed at conducting a research agenda for Traditional Affairs, profiling of Traditional Affairs in provinces and developing Information Management System (IMS). The projects, performance indicators and targets on this strategic objective will include the development and implementation of knowledge management strategy for traditional affairs.
8.1 The Committee was concerned about the plight of the Khoisan people, and their struggle to achieve recognition as traditional leaders and communities. They asked for details of legislative plans to address this challenge.
The Committee expressed concerns on the Department's performance in the field of disaster management, particularly in respect of indigent communities who settled in flood plains and were vulnerable to seasonal rainfall. There is a need for close liaison with municipalities so that early warning systems were put in place.
revitalise the Disaster Management Unit to focus on risk management and the prevention of natural disasters proactively; and table quarterly reports to the National Council of Provinces on the implementation of the Department's strategic policy priority areas, as well as challenges encountered.
9.2 The Committee further recommends that the National Council of Provinces should approve Budget Vote 3 of the Department of Cooperative Governance and Traditional Affairs.
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Debate on Vote No 24 - Justice and Constitutional Development, Appropriation Bill [B 3 -2011] (National Assembly - sec 77).
Debate on Vote No 8 - Women, Children and People with Disabilities, Appropriation Bill [B 3 -2011] (National Assembly - sec 77).
Debate on Vote No 33 - Rural Development and Land Reform, Appropriation Bill [B 3 -2011] (National Assembly - sec 77).
Debate on Vote No 10 - National Treasury [including South African Revenue Service], Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Consideration of Report of Portfolio Committee on Justice and Constitutional Development on Budget Vote No 24: Justice and Constitutional Development (Announcements, Tablings and Committee Reports, 6 June 2011, p1891).
Consideration of Report of Standing Committee on Finance on Strategic Plans and Budget Vote No 10: National Treasury, and South African Revenue Service (Announcements, Tablings and Committee Reports, 6 June 2011, p 1921).
Consideration of Report of Standing Committee on Appropriations on Strategic Plan and Budget Vote No 6 of Department of Performance Monitoring and Evaluation (Announcements, Tablings and Committee Reports, 6 June 2011, p 1945).
Consideration of Report of Constitutional Review Committee on Study Tour to Venice Commission and Strasbourg (Announcements, Tablings and Committee Reports, 3 June 2011, p 1851).
Consideration of Report of Portfolio Committee on Rural Development and Land Reform on Petition lodged with Speaker of National Assembly by Western Cape Land Restitution Claimants on 3 June 2010 (Announcements, Tablings and Committee Reports, 2 June 2011, p 1829).
Consideration of Report of Portfolio Committee on Justice and Constitutional Development on State Liability Amendment Bill [B 2 -2011] (Announcements, Tablings and Committee Reports, 2 June 2011, p 1846).
Second Reading debate -State Liability Amendment Bill [B 2B - 2011] (National Assembly - sec 75) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
Consideration of Report of Portfolio Committee on Co-operative Governance and Traditional Affairs on Budget Vote No 3: Co-operative Governance and Traditional Affairs (Announcements, Tablings and Committee Reports, 31 May 2011, p 1751).
Consideration of Report of the Portfolio Committee on Transport on Budget Vote and Strategic Plan of Department of Transport (Announcements, Tablings and Committee Reports, 31 May 2011, p 1751).
Consideration of Report of the Portfolio Committee on Public Works on Budget Vote 7: Public Works and on Strategic Plans of Department and its entities (Announcements, Tablings and Committee Reports, 31 May 2011, p 1765).
Consideration of Report of Portfolio Committee on International Relations and Cooperation on Strategic Plan and Budget Vote of Department of International Relations and Cooperation (Announcements, Tablings and Committee Reports, 30 May 2011, p 1709).
Consideration of Report of Portfolio Committee on Mineral Resources on Strategic Plan and Budget Vote of Department of Mineral Resources for 2011/12 Financial Year (Announcements, Tablings and Committee Reports, 30 May 2011, p 1720).
Consideration of Report of Portfolio Committee on Rural Development and Land Reform on Budget Vote No 33: Rural Development and Land Reform (Announcements, Tablings and Committee Reports, 30 May 2011, p 1730).
Consideration of Report of Portfolio Committee on Health on Budget Vote No 15 and Strategic Plan for 2011/12-2013/14 (Announcements, Tablings and Committee Reports, 27 May 2011, p 1673).
Consideration of Report of Standing Committee on Appropriations on Third Quarter Expenditure for 2010/11 financial year (Announcements, Tablings and Committee Reports, 27 May 2011, p 1693).
Consideration of Report of Portfolio Committee on Arts and Culture on Budget of Department of Arts and Culture, Vote No 14 (Announcements, Tablings and Committee Reports, 26 May 2011, p 1640).
Consideration of Report of the Portfolio Committee on Energy on Vote No 29: Energy, on Budget of Department of Energy and Strategic Plan for 2011/12-2015/16 (Announcements, Tablings and Committee Reports, 26 May 2011, p 1645).
(Announcements, Tablings and Committee Reports, 26 May 2011, p 1654).
Consideration of Report of Portfolio Committee on Communications on its deliberations on Budget Vote No 8: Government Communication and Information System (GCIS) and its entities, Media Development and Diversity Agency (MDDA) and International Marketing Council (IMC) (Announcements, Tablings and Committee Reports, 26 May 2011, p 1666).
Consideration of Report of Portfolio Committee on Higher Education and Training on Budget and Strategic Plans for 2011/12 of Department of Higher Education and Training (DHET), South African Qualifications Authority (SAQA), Council on Higher Education (CHE) and National Student Financial Aid Scheme (NSFAS) (Announcements, Tablings and Committee Reports, 25 May 2011, p 1613).
(Announcements, Tablings and Committee Reports, 25 May 2011, p 1620).
Consideration of Report of Portfolio Committee on Social Development on Briefing by South African Human Rights Commission on its report on Investigation into Issues of Rule of Law, Justice and Impunity Arising out of 2008 Public Violence against Non-Nationals (Announcements, Tablings and Committee Reports, 25 May 2011, p 1624).
Consideration of Report of Standing Committee on Appropriations on Oversight Visit to Limpopo (Announcements, Tablings and Committee Reports, 24 May 2011, p 1565).
Consideration of Report of Portfolio Committee on Human Settlements on Budget Vote No 31: Human Settlements (Announcements, Tablings and Committee Reports, 24 May 2011, p 1573).
Consideration of Recommendation for Approval of Proclamations made in terms of Section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No 33 of 2004) (Report of Portfolio Committee on Police, see Announcements, Tablings and Committee Reports, 24 May 2011, p 1608).
Consideration of Report of Standing Committee on Appropriations on Oversight Visit to Eastern Cape on 2-6 August 2010 (Announcements, Tablings and Committee Reports, 20 May 2011, p 1535).
Consideration of Report of Standing Committee on Appropriations on Oversight Visit to KwaZulu-Natal on 19-23 July 2010 (Announcements, Tablings and Committee Reports, 20 May 2011, p 1545).
Consideration of Report of Portfolio Committee on Science and Technology on Budget Vote No 34: Science and Technology, and Strategic Plan for Fiscal Years 2011-2016 (Announcements, Tablings and Committee Reports, 19 May 2011, p 1523).
Consideration of Report of Portfolio Committee on Public Service and Administration on Budget Vote No12 for 2011/12 (Announcements, Tablings and Committee Reports, 20 April 2011, p 1399).
Consideration of Report of Portfolio Committee on Public Service and Administration on Oversight visit of public administration leadership and management academy (Palama) and state information technology agency (Sita) on 3-4 August 2010 (Announcements, Tablings and Committee Reports, 20 April 2011, p 1404).
Consideration of Report of Portfolio Committee on Public Service and Administration and of Portfolio Committee on Co-operative Governance and Traditional Affairs on Joint study tour to Ghana and Indonesia (Announcements, Tablings and Committee Reports, 20 April 2011, p 1413).
Consideration of Report of Portfolio Committee on Public Service and Administration on Public Service Commission's state of public service report for 2010 (Announcements, Tablings and Committee Reports, 20 April 2011, p 1437).
Consideration of Report of Ad Hoc Committee on Commission for Gender Equality (CGE) Forensic Investigations (Announcements, Tablings and Committee Reports, 20 April 2011, p 1449).
Consideration of Report of Portfolio Committee on Agriculture, Forestry and Fisheries on Budget Vote No 26 - Agriculture, Forestry and Fisheries, and strategic plan of the Department of Agriculture, Forestry and Fisheries and its entities (Announcements, Tablings and Committee Reports, 15 April 2011, p 1219).
Consideration of Report of Portfolio Committee on Labour on Budget Vote No 18 - Labour, and Strategic Plan of Department of Labour for 20112016 and its entities(Announcements, Tablings and Committee Reports, 15 April 2011, p 1319).
Consideration of Report of Portfolio Committee on Trade and Industry on Budget Vote No 36 - Trade and Industry (Announcements, Tablings and Committee Reports, 15 April 2011, p 1326).
Consideration of Report of Portfolio Committee on Basic Education on Public Hearings concerning Access and Delivery of Quality Education (Announcements, Tablings and Committee Reports, 14 April 2011, p 1238).
Consideration of Third Report of Committee on Public Accounts on Report of Auditor General on annual report and financial statements of Energy Sector Education Training Authority for 2009/10 financial year (Announcements, Tablings and Committee Reports, 14 April 2011, p 1265).
Consideration of Sixth Report of Committee on Public Accounts on Report of Auditor General on Annual report and financial statements of Public Services Sector Education Training Authority for 2009/10 financial year (Announcements, Tablings and Committee Reports, 14 April 2011, p 1276).
Consideration of Report of Committee on Public Accounts on Annual report and financial statements of National Student Financial Aid Scheme for 2009/10 financial year (Announcements, Tablings and Committee Reports, 14 April 2011, p 1281).
Consideration of Report of Portfolio Committee on Social Development on Budget Vote No 19 and Strategic and Operational Plan of Department of Social Development for 2011/12 - 2013/14 and its Entities (Announcements, Tablings and Committee Reports, 13 April 2011, p 1140).
Consideration of Report of Portfolio Committee on Public Enterprises on Budget Vote No 11 and Strategic Plan 2011-2014 of Department of Public Enterprises (Announcements, Tablings and Committee Reports, 13 April 2011, p 1155).
Consideration of Report of Portfolio Committee on Public Enterprises on Annual Reports of Department of Public Enterprises and State-Owned Enterprises (Announcements, Tablings and Committee Reports, 13 April 2011, p 1166).
Consideration of Report of Portfolio Committee on Tourism on Budget Vote No 35 - Tourism (Announcements, Tablings and Committee Reports, 13 April 2011, p 1205).
Consideration of Report of Portfolio Committee on Water and Environmental Affairs on Budget Vote No 38 - Water Affairs (Announcements, Tablings and Committee Reports, 13 April 2011, p 1215).
Consideration of Report of Portfolio Committee on Basic Education on Budget Vote No 15: Basic Education and Strategic Plan for 2011-2014 of Department of Basic Education and its Statutory Bodies (Announcements, Tablings and Committee Reports, 12 April 2011, p 1056).
Police, for 2011/12 financial year (Announcements, Tablings and Committee Reports, 12 April 2011, p 1089).
Consideration of Report of Portfolio Committee on Defence and Military Veterans on Budget Vote No 22: Defence and Military Veterans (Announcements, Tablings and Committee Reports, 12 April 2011, p 1127).
Consideration of Report of Portfolio Committee on Economic Development on Strategic Plan 2011/12 - 2015/16 and Budget Vote No 28 of Department of Economic Development (Announcements, Tablings and Committee Reports, 11 April 2011, p 1031).
Consideration of Report of Standing Committee on Finance on Response of Minister of Finance to Committee's recommendation on 2010 Revised Fiscal Framework and Revenue Proposals (Announcements, Tablings and Committee Reports, 8 April 2011, p 958).
Consideration of Report of Portfolio Committee on Sport and Recreation on 2011/12 Budget Vote No 20 and Strategic Plan for 2011-2015 of Department of Sport and Recreation (Announcements, Tablings and Committee Reports, 8 April 2011, p 959).
Consideration of Report of Committee on Public Accounts on Annual Report and Financial Statements of Road Traffic Management Corporation, and Report of Auditor-General on Financial Statements of Road Traffic Management Corporation (Announcements, Tablings and Committee Reports, 8 April 2011, p 985).
Consideration of Report of Portfolio Committee on Economic Development on Oversight Visit to Western Cape and KwaZulu-Natal focusing on the impact of the financial services co-operatives funded by South African Micro-finance Apex Fund (Announcements, Tablings and Committee Reports, 8 April 2011, p 993).
Consideration of Report of Portfolio Committee on Economic Development on Public hearings on the Small Medium and Micro Enterprise's access to funding (Announcements, Tablings and Committee Reports, 8 April 2011, p 1002).
Consideration of Report of Portfolio Committee on Correctional Services on Unannounced Visit to Leeuwkop Correctional Centres on 24 February 2011 (Announcements, Tablings and Committee Reports, 24 March 2011, p 920).
Consideration of Report of Portfolio Committee on Correctional Services on Budget Vote No 21: Correctional Services (Announcements, Tablings and Committee Reports, 24 March 2011, p 924).
Consideration of Report of Committee on Private Members' Legislative Proposals and Special Petitions on Legislative proposal to correct anomalies in Executive Members' Ethics Act, No 82 of 1998 (Mr I O Davidson) (Announcements, Tablings and Committee Reports, 24 March 2011, p 934).
Consideration of Report of Committee on Private Members' Legislative Proposals and Special Petitions on Legislative proposal to regulate private funding of political parties (Mr L Greyling) (Announcements, Tablings and Committee Reports, 24 March 2011, p 934).
Consideration of Report of Committee on Private Members' Legislative Proposals and Special Petitions on Legislative proposal to repeal South African Boxing Act (No 11 of 2001) (Mr TD Lee) (Announcements, Tablings and Committee Reports, 24 March 2011, p 935).
Consideration of Report of Committee on Private Members' Legislative Proposals and Special Petitions on Legislative proposal to amend the Land and Agricultural Development Bank Act (No 15 of 2002) (Mr PJ C Pretorius)(Announcements, Tablings and Committee Reports, 9 March 2011, p 626).
Consideration of Report of Rules Committee of National Assembly, 2010 (Announcements, Tablings and Committee Reports, 2 March 2011, p 494).
Consideration of Second Report of Committee on Public Accounts on Report of Auditor-General on 2009/10 financial statements of South African Broadcasting Corporation and Report of Auditor-General on investigation at South African Broadcasting Corporation (Announcements, Tablings and Committee Reports, 1 March 2011, p 482).
Consideration of Report of Standing Committee on Appropriations on 2010/11 First Quarter Expenditure Report (Announcements, Tablings and Committee Reports, 17 February 2011, p 219).
There shall be an Interim Joint Committee on Scrutiny of Delegated Legislation.
The Committee shall consist of 9 National Assembly members and 5 Council members.
that requires consultation with Parliament; and delegating provisions in bills before their formal consideration by the House; and any other delegated legislation agreed upon by the Committee.
whether they impinge on the jurisdiction of the courts; or whether they have been properly drafted.
report its findings to the House for the information of the relevant portfolio or select committee and other members; and in view of the provisions of section 146 of the Constitution, specifically report to the National Council of Provinces on delegated instruments relating to matters contained in Schedule 4.
The Committee shall be dissolved by resolution of both Houses.
Legislative Proposal with regard to the amendment of the Municipal Systems Act, 2000 (Act No 32 of 2000) (Mr D B Feldman) - (Committee on Petitions and Members' Legislative Proposals - National Council of Provinces).
Submission of petitions from the Leeuwkop and Kroonstad prisoners (Mr M P Jacobs) - (Committee on Petitions and Members' Legislative Proposals - National Council of Provinces).
Petition on withdrawal of subsidies to six Eastern Cape independent schools, submitted in terms of Rule 312 (Dr Z Luyenge) - (Portfolio Committee on Basic Education - National Assembly).
Legislative proposal to prohibit contracting between an organ of state in the national sphere of government and companies whose directors or shareholders are party-political office-bearers or public representatives of political parties (Mr I O Davidson) - (Committee on Private Members' Legislative Proposals and Special Petitions - National Assembly).
Petition from Western Cape Province Land Restitution Claimants requesting Parliament to intervene in the land claims process, submitted in terms of Rule 312 (Ms A Steyn) - (Portfolio Committee on Rural Development and Land Reform - National Assembly).
Legislative proposal to regulate business interests of State employees (Mr I O Davidson) - (Committee on Private Members' Legislative Proposals and Special Petitions - National Assembly).
Legislative proposal to amend the Labour Relations Act, 1995 (Act No 66 of 1995) (Mr I M Ollis) - (Committee on Private Members' Legislative Proposals and Special Petitions - National Assembly).
Submission of petition from the community of Ladybrand with regard to the failure by the Mantsopa municipality to provide basic services to its community - (Select Committee on Petitions and Members' Legislative Proposals - National Council of Provinces).
Petition from the SA Disability Concerned Group, in Johannesburg with regard to challenges facing disabled people in South Africa - (Select Committee on Petitions and Members' Legislative Proposals - National Council of Provinces).
Submission of petition from Ms Khumalo, with regard to the conduct of Magistrate Wolmarans of the Johannesburg Magistrate's Court - (Select Committee on Petitions and Members' Legislative Proposals - National Council of Provinces).
Submission of petitions from the community of Phakamisa in King Williams Town with regard to slow service delivery in wards 34 and 41 - (Select Committee on Petitions and Members' Legislative Proposals - National Council of Provinces).
Submission of petition from JBBSSW Taxi Association in Gauteng Province -(Committee on Private Members' Legislative Proposals and Special Petitions - National Assembly).
Constitution Seventeenth Amendment Bill [B 6 - 2011] (National Assembly - proposed sec 74(3)(a)).
Superior Courts Bill [B 7 - 2011] (National Assembly - proposed sec 75).
Traditional Courts Bill [B15 - 2008] (National Assembly - sec 76) (Portfolio Committee on Justice and Constitutional Development - National Assembly) - [Withdrawn on 2 June 2011].
Constitution Seventeenth Amendment Bill [B 8 - 2009] (National Assembly - sec 74) - (Portfolio Committee on Justice and Constitutional Development - National Assembly) [Withdrawn on 24 May 2011].
Protection of Personal Information Bill [B9 - 2009] (National Assembly - sec 75) - (Portfolio Committee on Justice and Constitutional Development -National Assembly).
Protection from Harassment Bill [B 1 - 2010] (National Assembly - sec 75) - (Portfolio Committee on Justice and Constitutional Development -National Assembly).
(Portfolio Committee on Communications -National Assembly).
Protection of Information Bill [B 6 - 2010] (National Assembly - sec 75) (Ad Hoc Committee on Protection of Information Legislation - National Assembly).
Prevention and Combating of Trafficking in Persons Bill [B 7 - 2010] (National Assembly - sec 75) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
Intellectual Property Laws Amendment Bill [B 8 - 2010] (National Assembly - sec 75) - (Portfolio Committee on Trade and Industry - National Assembly).
Refugees Amendment Bill [B 30B - 2010] (National Assembly - sec 75) - (Portfolio Committee on Home Affairs - National Assembly).
Immigration Amendment Bill [B 32B - 2010] (National Assembly - sec 75) - (Portfolio Committee on Home Affairs - National Assembly).
Basic Education Laws Amendment Bill [B 36B - 2010] (National Assembly - sec 76) - (Select Committee on Education and Recreation - National Council of Provinces).
Criminal Procedure Amendment Bill [B 39 - 2010] (National Assembly - sec 75) - (Portfolio Committee on Justice and Constitutional Development -National Assembly).
Military Veterans Bill [B 1 - 2011] (National Assembly - sec 75) - (Portfolio Committee on Defence and Military Veterans -National Assembly).
Appropriation Bill [B 3 - 2011] (National Assembly - sec 77) - (Standing Committee on Appropriations - National Assembly).
Science and Technology Laws Amendment Bill [B 5 - 2011] (National Assembly - sec 75) - (Portfolio Committee on Science and Technology -National Assembly).
Constitution Seventeenth Amendment Bill [B 6 - 2011] (National Assembly - proposed sec 74(3)(a)) - (Portfolio Committee on Justice and Constitutional Development -National Assembly).
Superior Courts Bill [B 7 - 2011] (National Assembly - proposed sec 75) - (Portfolio Committee on Justice and Constitutional Development -National Assembly).
Basic Education Laws Amendment Bill [B 36B - 2010] (National Assembly - sec 76).
Refugees Amendment Bill [B 30B - 2010] (National Assembly - sec 75).
Immigration Amendment Bill [B 32B - 2010] (National Assembly - sec 75).
Southern African Development Community (SADC) Protocol on Science, Technology and Innovation, 1996 (Tabled on 21 January 2011) (NA: Referred to Portfolio Committee on Science and Technology on 23 February 2011 - reported on 24 February 2011 - approved on 22 March 2011).
Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems (Tabled on 14 February 2011) (NA: Referred to Portfolio Committee on Justice and Constitutional Development on 23 February 2011).
Agreement between the Government of the Republic of South Africa and the Islamic Republican of Iran on Mutual Legal Assistance in Criminal Matters (Tabled on 13 April 2011) (NA: Referred to Portfolio Committee on Justice and Constitutional Development on 1 June 2011).
Extradition Treaty between the Government of the Republic of South Africa and the Government of the Islamic Republican of Iran (Tabled on 13 April 2011) (NA: Referred to Portfolio Committee on Justice and Constitutional Development on 1 June 2011).
Agreement on the establishment of the African Tax Administration Forum (Tabled on 14 April 2011) (NA: Referred to Standing Committee on Finance on 1 June 2011).
Southern African Development Community (SADC) Protocol on Gender and Development (Tabled on 5 May 2011) (NA: Referred to Portfolio Committee on Women, Children, Youth and People with Disabilities on 1 June 2011).
<fn>GOV-ZA.3471251En.2012-02-10.en.txt</fn>
Debate on Vote No 6 - Performance Monitoring and Evaluation, Appropriation Bill [B 3 -2011] (National Assembly - sec 77).
Consideration of Report of Portfolio Committee on Justice and Constitutional Development on State Liability Amendment Bill [B 2 - 2011] (National Assembly - sec 75) (Announcements, Tablings and Committee Reports, 2 June 2011, p 1846).
Debate on Youth Day: A caring Parliament that advances youth development to achieve economic freedom.
Consideration of Report of Portfolio Committee on Justice and Constitutional Development on Budget Vote No 24: Justice and Constitutional Development (Announcements, Tablings and Committee Reports, 6 June 2011, p 1891).
<fn>GOV-ZA.3471261En.2012-02-10.en.txt</fn>
Policy Debate on Budget Vote No 29: Energy, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Policy Debate on Budget Vote No 32: Mineral Resources, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Consideration of Merchant Shipping (Safe Containers Convention) Bill [B 31B - 2010] (National Assembly - sec 75) and of Report of Select Committee on Public Services thereon (Announcements, Tablings and Committee Reports, 19 April 2011, p 1388).
Consideration of Report of Constitutional Review Committee (Announcements, Tablings and Committee Reports, 3 June 2011, p 1851 - Study tour to Venice Commission and Strasbourg).
Consideration of Report of Select Committee on Education and Recreation (Announcements, Tablings and Committee Reports, 19 April 2011, p 1389 - Briefing by Basic Education Department on Intervention to Eastern Cape Department of Education).
Consideration of Report of Select Committee on Education and Recreation (Announcements, Tablings and Committee Reports, 8 March 2011, p 573 -Oversight Visit to Eastern Cape and KwaZulu-Natal).
takes this opportunity to express its serious apprehension and discontent with the appointment of the hot-tempered Dan Plato to be the face of the police and in the Western Cape Province.
takes this opportunity to condemn in the harshest possible terms the utter disregard of women, particularly coloured and black women by the Democratic Alliance and its leader Premier Helen Zille who, as a women, has shown the utter most repulsive form of female chauvinism and marginalisation of the progress that our country has made in dismantling the legacy of gender discrimination and disregard of women as capable and able public leaders.
requests answers as to what types of vehicles the Minister used and also for how long the cars were hired on the three occasions mentioned.
requests members to please give up if they want to keep their good looks and save lots of money.
insists that the government reconsider the secondment of such kinds of dignitaries to represent the country.
realises the urgent need to put in place expeditious mechanisms to reinstate services to the indigent.
therefore requests that the Eastern Cape MEC of Local Government and Traditional Affairs immediately intervenes and places Kouga Municipality under administration as he threatened to do in February this year when he calle Kouga an "ailing municipality".
welcomes this important initiative and commends the government for such an innovative plan and its compelling and innovative interventions.
See also: Mr S S Mazosiwe, Mr D B Feldman (p 10); Mr K A Sinclair, Mr S H Plaatjie, Mr H B Groenewald (p 11); Mr S S Mazosiwe, Mr M J R de Villiers (p 12); Mr R A Lees, Mr C J de Beer (p 13); Mr A Watson, Mr M P Jacobs, Ms E C van Lingen (p 14); Mr Z Mlenzana (p 15); Mr F Adams (p 23); Mr K A Sinclair, Mr W F Faber, Mr D V Bloem (p 24); Mr M P Sibande (p 25); Mr M W Makhubela, Mr S S Mazosiwe, Mr D A Worth (p 26); Mr Z Mlenzana, Ms M G Boroto; (p 27); Mr A G Matila, Mr H B Groenewald (p 28); Mr M J R de Villiers, Mr F Adams (p 54); Mr T A Mashamaite, Mr T D Beyleveldt (p 55); Mr M J R de Villiers, Mr M W Makhubela, Mr H B Groenewald (p 56); Mr C J de Beer, Mr D V Bloem (p 57); Mr S H Plaatjie, Mr O de Beer, Ms E C van Lingen (p 58); Ms M W Makgate (p 59); Ms E C van Lingen (p 60); Mr D V Bloem (p 68); Mr M J R de Villiers, Mr S H Plaatjie (p 69); Mr O de Beer, Mr K A Sinclair, Mr M P Sibande (p 70); Prince M M M Zulu, Mr M H Mokgobi, Mr M W Makhubela (p 71); Mr D B Feldman, Ms B L Abrahams, Ms B V Mncube (p 72); Mr W F Faber (p 73); Mr M W Makhubela, Mr D V Bloem, Mr D A Worth (p 91); Mr O de Beer, Ms E C van Lingen (p 92); Chief Whip of Council, Mr R A Lees (p 93); Mr S S Mazosiwe, Mr A J Nyambi (p 94); Mr D V Bloem, Mr K A Sinclair, Ms R M Rasmeni (p 104); Chief Whip of Council, Mr S H Plaatjie (p 105); Mr M J R de Villiers, Mr D B Feldman (p 106); Mr H B Groenewald (p 107); Mr D V Bloem (p 114); Mr M H Mokgobi, Mr A J Nyambi (p 115); Mr S H Plaatjie, Mr K A Sinclair (p 116); Mr A G Matila, Mr D V Bloem (p 117); Mr L P M Nzimande, Mr S S Mazosiwe (p 118); Mr K Sinclair, Mr D B Feldman (p 138); Chief Whip of Council, Ms B V Mncube, Ms E C van Lingen (p 139); Mr H B Groenewald, Mr K A Sinclair (p 140); Mr F Adams, Mr R A Lees (p 141); Chief Whip of Council (p 149); Mr F Adams (p 150); Mr T D Beyleveldt, Mr M W Makhubela (p 151); Mr S H Plaatjie, Mr K A Sinclair, Mr D V Bloem (p 152); Mr A Watson, Mr Z Mlenzana (p 153); Ms D Z Rantho, Mr D D Gamede (p 154); Mr D B Feldman, Mr A G Matila, Mr G G Mokgoro (p 155); Mr R A Lees, Mr M P Jacobs (p 156); Mr D B Feldman, Ms E C van Lingen (p 164); Mr O De Beer, Mr D A Worth, Mr B A Mnguni (p 165); Ms M G Boroto (p 166); Mr K A Sinclair (p 167).
Legislative proposal with regard to the amendment of the Municipal Systems Act, 2000 (Mr D B Feldman) - Committee on Petitions and Members' Legislative Proposals - National Council of Provinces).
Petition on situation at Unitra Community Radio, submitted in terms of Rule 312 (Dr Z Luyenge) - (Portfolio Committee on Communications - National Assembly).
(Portfolio Committee on Basic Education - National Assembly).
Legislative proposal to prohibit contracting between an organ of state in the national sphere of government and companies whose directors are party-political office-bearers or public representatives, or whose shareholders are party-political officerbearers or public representatives or political parties (Mr I O Davidson) - (Committee on Private Members' Legislative Proposals and Special Petitions - National Assembly).
Petition from Mr Amichand Munasur, praying for a pension (Mr L T Landers) - (Committee on Private Members' Legislative Proposals and Special Petitions - National Assembly).
Legislative proposal to amend the Employment Equity Act, 1998 (Act No 55 of 1998) (Adv A D Alberts) - (Committee on Private Members' Legislative Proposals and Special Petitions - National Assembly).
Traditional Courts Bill [B 15 - 2008] (National Assembly - sec 76(1)) (Portfolio Committee on Justice and Constitutional Development - National Assembly) [Withdrawn on 2 June 2011].
Protection of Personal Information Bill [B 9 - 2009] (National Assembly - sec 75) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
sec 75) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
South African Post Office Bill [B 2 - 2010] (National Assembly - sec 75) - (Portfolio Committee on Communications - National Assembly).
Protection of Information Bill [B 6 - 2010] (National Assembly - sec 75) - (Ad Hoc Committee on Protection of Information Legislation - National Assembly).
National Council of Provinces.
Criminal Procedure Amendment Bill [B 39 - 2010] (National Assembly - sec 75) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
Military Veterans Bill [B 1 - 2011] (National Assembly - sec 75) - (Portfolio Committee on Defence and Military Veterans - National Assembly).
Science and Technology Laws Amendment Bill [B 5 - 2011] (National Assembly - sec 75) - (Portfolio Committee on Science and Technology - National Assembly).
Constitution Seventeenth Amendment Bill [B 6 - 2011] (National Assembly - proposed sec 74(3)(a)) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
Superior Courts Bill [B 7 - 2011] (National Assembly - proposed sec 75) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
South African Development Community (SADC) Protocol on Science, Technology and Innovation (Tabled on 21 January 2011) (NA: Referred to Portfolio Committee on Science and Technology on 23 February 2011 - reported on 24 February 2011 - approved on 22 March 2011) (NCOP: Referred to Select Committee on Education and Recreation on 18 April 2011).
Convention on Cybercrime (Tabled on 14 February 2011) (NA: Referred to Portfolio Committee on Justice and Constitutional Development on 23 February 2011)(NCOP: Referred to Select Committee on Security and Constitutional Development on 18 April 2011).
Additional Protocol to the Convention on Cybercrime, concerning the Criminalisation of Acts of a Racist and Xenophobic Nature committed through Computer Systems, (Tabled on 14 February 2011) (NA: Referred to Portfolio Committee on Justice and Constitutional Development on 23 February 2011) (NCOP: Referred to Select Committee on Security and Constitutional Development on 18 April 2011).
Agreement between the Government of the Republic of South Africa and the Islamic Republican of Iran on Mutual Legal Assitance in Criminal Matters (Tabled on 13 April 2011) (NA: Referred to Portfolio Committee on Justice and Constitutional Development on 1 June 2011).
Extradition Treaty between the Government of the Republic of South Africa and the Government of the Islamic Republic of Iran (Tabled on 13 April 2011) (NA: Referred to Portfolio Committee on Justice and Constitutional Development on 1 June 2011).
<fn>GOV-ZA.3471271En.2012-02-10.en.txt</fn>
Orations of condolences on the death of Mama Nontsikelelo Albertina Sisulu: Celebrating the life of a distinguished and selfless servant of our people.
Policy Debate on Budget Vote No 3: Cooperative Governance and Traditional Affairs, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
See also: Mr S S Mazosiwe, Mr D B Feldman (p 10); Mr K A Sinclair, Mr S H Plaatjie, Mr H B Groenewald (p 11); Mr S S Mazosiwe, Mr M J R de Villiers (p 12); Mr R A Lees, Mr C J de Beer (p 13); Mr A Watson, Mr M P Jacobs, Ms E C van Lingen (p 14); Mr Z Mlenzana (p 15); Mr F Adams (p 23); Mr K A Sinclair, Mr W F Faber, Mr D V Bloem (p 24); Mr M P Sibande (p 25); Mr M W Makhubela, Mr S S Mazosiwe, Mr D A Worth (p 26); Mr Z Mlenzana, Ms M G Boroto; (p 27); Mr A G Matila, Mr H B Groenewald (p 28); Mr M J R de Villiers, Mr F Adams (p 54); Mr T A Mashamaite, Mr T D Beyleveldt (p 55); Mr M J R de Villiers, Mr M W Makhubela, Mr H B Groenewald (p 56); Mr C J de Beer, Mr D V Bloem (p 57); Mr S H Plaatjie, Mr O de Beer, Ms E C van Lingen (p 58); Ms M W Makgate (p 59); Ms E C van Lingen (p 60); Mr D V Bloem (p 68); Mr M J R de Villiers, Mr S H Plaatjie (p 69); Mr O de Beer, Mr K A Sinclair, Mr M P Sibande (p 70); Prince M M M Zulu, Mr M H Mokgobi, Mr M W Makhubela (p 71); Mr D B Feldman, Ms B L Abrahams, Ms B V Mncube (p 72); Mr W F Faber (p 73); Mr M W Makhubela, Mr D V Bloem, Mr D A Worth (p 91); Mr O de Beer, Ms E C van Lingen (p 92); Chief Whip of Council, Mr R A Lees (p 93); Mr S S Mazosiwe, Mr A J Nyambi (p 94); Mr D V Bloem, Mr K A Sinclair, Ms R M Rasmeni (p 104); Chief Whip of Council, Mr S H Plaatjie (p 105); Mr M J R de Villiers, Mr D B Feldman (p 106); Mr H B Groenewald (p 107); Mr D V Bloem (p 114); Mr M H Mokgobi, Mr A J Nyambi (p 115); Mr S H Plaatjie, Mr K A Sinclair (p 116); Mr A G Matila, Mr D V Bloem (p 117); Mr L P M Nzimande, Mr S S Mazosiwe (p 118); Mr K Sinclair, Mr D B Feldman (p 138); Chief Whip of Council, Ms B V Mncube, Ms E C van Lingen (p 139); Mr H B Groenewald, Mr K A Sinclair (p 140); Mr F Adams, Mr R A Lees (p 141); Chief Whip of Council (p 149); Mr F Adams (p 150); Mr T D Beyleveldt, Mr M W Makhubela (p 151); Mr S H Plaatjie, Mr K A Sinclair, Mr D V Bloem (p 152); Mr A Watson, Mr Z Mlenzana (p 153); Ms D Z Rantho, Mr D D Gamede (p 154); Mr D B Feldman, Mr A G Matila, Mr G G Mokgoro (p 155); Mr R A Lees, Mr M P Jacobs (p 156); Mr D B Feldman, Ms E C van Lingen (p 164); Mr O De Beer, Mr D A Worth, Mr B A Mnguni (p 165); Ms M G Boroto (p 166); Mr K A Sinclair (p 167); Mr R A Lees (p 173); Mr F Adams, Ms D Z Rantho (p 174); Mr H B Groenewald, Mr D A Worth, Mr M W Makhubela (p 175); Mr S H Plaatjie, Ms E C van Lingen, Mr M C Maine (p 176).
<fn>GOV-ZA.3471861En.2012-02-10.en.txt</fn>
Members of the Extended Public Committee met in Committee Room E249 at 10:00.
The Committee rose at 11:48.
<fn>GOV-ZA.3471871En.2012-02-10.en.txt</fn>
The House met at 15:06.
[15:07] Notices of Motion.
laments the loss of a truly great South African.
supports all initiatives by the Government and civil society to improve the conditions of our children by seeking innovative solutions to poverty, including programs that provide emergency relief, promote economic opportunity, and ensure the safety of our children.
applauds the efforts of the Orlando Pirates coach, training staff and the squad for their excellent achievement.
reaffirms its commitment to protect the rights of children.
congratulates the South African team for doing the country proud.
acknowledges that it is essential that our Government continues to adopt measures to preserve the environment.
FIRST ORDER [15:19] Consideration of Report of Portfolio Committee on Justice and Constitutional Development on State Liability Amendment Bill [B 2 2011] (Announcements, Tablings and Committee Reports, 2 June 2011, p 1846).
Mr L T Landers, as Chairperson of the Committee, introduced the Report.
The Chief Whip of the Majority Party moved: That the Report be adopted.
Report accordingly adopted (Inkatha Freedom Party dissenting).
Constitutional Development - National Assembly.
Bill read a second time (Inkatha Freedom Party dissenting).
The House adjourned at 16:59.
<fn>GOV-ZA.3471881En.2012-02-10.en.txt</fn>
The Council met in the Old Assembly Chamber at 14:03.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
[14:04] Announcement by the Chairperson that Order number 2 on the Order Paper has been deferred for consideration to 9 June 2011 at 10:00.
The Council observed a moment of silence in honour of the late Mama Nontsikelelo Albertina Sisulu.
Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
The Council adjourned at 15:59.
<fn>GOV-ZA.3471891En.2012-02-10.en.txt</fn>
Social Development 1991 2.
Women, Children and People with Disabilities 1998 2.
Women, Children and People with Disabilities 2007 3.
Security and Constitutional Development 2017 4.
State Liability Amendment Bill [B 2B - 2011] (National Assembly - sec 75).
The Bill has been referred to the Select Committee on Security and Constitutional Development of the National Council of Provinces.
Annual Performance Plan of the Commission for Gender Equality (CGE) for 2011-2014.
Reply from the Minister of Justice and Constitutional Development to recommendations in the Budgetary Review and Recommendation Report of the Portfolio Committee on Justice and Constitutional Development on Performance of Department of Justice and Constitutional Development for 2009-10 Financial Year, as adopted by the House on 17 November 2010.
Referred to the Portfolio Committee on Justice and Constitutional Development.
The President of the Republic submitted the following letter dated 23 May 2011 to the to the Speaker of the National Assembly, informing Members of the Assembly of the employment of the South African National Defence Force for service in co-operation with the South African Police Services.
This serves to inform the National Assembly that I have employed eighty (80) members of the South African National Defence Force (SANDF), for service in co-operation with the South African Police Services (SAPS) to assist the SAPS in providing security services to me, during my visit to Libya as part of African Union negotiation team for the period 08 to 11 April 2011.
This employment is authorised in accordance with the provisions of section 201(2)(a) of the Constitution of the Republic of South Africa, 1996.
REPORT OF THE PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT ON THE 2009/10 ANNUAL REPORT OF THE SOUTH AFRICAN SOCIAL SECURITY AGENCY (SASSA), DATED 31 MAY 2011 1.
The Portfolio Committee on Social Development deliberated on the 2009/10 Annual Report of the South African Social Security Agency (SASSA). This report presents some of the key achievements as well as challenges encountered by SASSA (the Agency). The report will also highlight matters of concern raised by the Committee.
Mr Coceko Pakade, Acting Chief Executive Officer of SASSA, explained to the Committee that the aim of the presentation was to provide an overview of the performance of the Agency for 2009/10, and also to highlight some of the financial and service delivery challenges. The presentation also reflected some short and long term measures that the Agency had put in place to address the challenges. He noted, as background information, that the Agency had a deficit of approximately R839 million incurred from 2008/09 financial year. It had an overdraft of approximately R410 million as of 31 March 2009. Therefore, it had to maintain a balance of increasing the demand for services and reducing the deficit. To address this challenge, it adopted an accrual basis of accounting.
3.2 million in 1998. However, despite this rapid increase, the staffing levels of the Agency had not increased. This had an impact on the service delivery. Furthermore, the Agency was still using a predominantly manual system of grant application and approval, which resulted in a number of files of beneficiaries and applicants having gone missing.
Mr Coceko reported that during the year under review, the number of social grants beneficiaries increased by 7.5%, from about 13 million in 2008/09 to just over 14 million in 2009/10. The 14 million is made up of 10 million children beneficiaries; 2.5 million older persons and 1.26 million people with disabilities. The average number of transactions that SASSA had dealt with during this financial year had increased from about 3.7 million in 2008/09 to approximately 4.6 million, excluding payments. In 2009/10, there was an increase of up to 1,031,261 in grants uptake which represents a growth rate of 7.5%. There was however a decrease in the uptake of disability and war veterans grants. The decrease in the disability grant was due to an intensive review process which led to 90% reduction in temporary disabilitygrant backlogs.
Disability Grant 1,408,456 1,286,893 1,264,477 -121,573 -1.
Old Age 2,229,550 2,390,543 2,546,657 160,993 6.
War veterans 1,924 1,500 -284 -424 -18.
Care Dependency 102,292 107,065 110,731 3,666 3.
Child Support 8,189,975 8,765,354 9.570,287 804,933 9.
Foster Child 454,199 474,759 510,760 36,001 7.
Grant in Aid 37,343 46,069 53,237 7,168 15.6 3.
Comprehensive and Integrated Social Security Administration and Management Services.
The Agency had achieved an increase of 1,032,261 in grants uptake which represented a growth rate of 7.5%. There was a decrease in total disability and war veteran grants by about 121,000, and 424 respectively. The decrease on disability grants was largely due to intensive review and lapsing of temporary disability grants.
Age Equalisation The Agency set a target to reach 129 662 men beneficiaries aged 61 and 62 by 31 March 2010. In total, at the time of reporting, 100 358 males in this age group (61 and 62) were in receipt of older persons grants. Thus the Agency achieved 77.4% towards reaching its target. Partial achievement of this target was due to a number of reasons: for instance, some people did not have identity documents; there was inadequate marketing of new reforms and in some areas there was still a lack of access to SASSA offices.
Gradual Expansion of Child Support Grant (CSG) The Agency had set a target to extend the Child Support Grant (CSG) to about 970 369 beneficiaries who were over the age of 14 years. A total of 673 553 children who were over that age were in receipt of a CSG which represented an achievement of 69.4% towards reaching the target. The target was not achieved due to the fact that the effective date of implementation was planned to be 01 April 2009 but the actual implementation date was 01 October 2009.
The Agency had set a target to develop and implement the following systems: (i) Improved Grant Application System (IGAP), (ii) Management Information System (MIS) and (iii) ERP. The target to implement the IGAP to five provinces was not achieved due to insufficient budget allocation. The implementation of the IGAP was still limited to the Free State region only. The ERP system was fully implemented; however i-models could not be rolled out to regions due to the magnitude and complexity of the work to be done.
The Agency had set a target to increase percentage of beneficiaries notified of administrative actions and to improve systems for administration and management of reviews. The Committee was informed that 97% of the targeted beneficiaries were notified of administrative actions prior to lapsing of grants. The development of a computerized data quality management system was not achieved due to lack of funds to acquire external expertise. Due to the delay in approval of legislation, the internal review mechanism was not implemented.
The Comprehensive Payment Management Framework was developed and approved but not fully implemented due to litigation challenges. At the time of the briefing the Agency was revising its approach to improve the payment system in South Africa. A strategy to promote electronic payments as alternatives to cash payments was implemented. This resulted in 23.4% reduction in cash payments from 6.3 million to 4.8 million.
Six targeted regions had implemented the prioritized elements of the Disability Management Model which include the gate keeping, medical assessment and medical form modules. This resulted in substantial savings for the Agency. The implementation of the three months waiting period before reapplication for a disability grant significantly decreased the temporary disability grant application. In order to minimize fraud in the processing of disability grants, the Agency introduced Medical Assessment forms with serial numbers.
The Agency planned to develop and implement the prioritised elements of the Customer Relationship Management and the Integrated Community Registration Outreach Programme (ICROP). However, the development of the ICROP Strategy was not achieved. Nevertheless, services were taken closer to potential beneficiaries, especially to those in the deep rural, areas using mobile units. All regions together with other critical government departments had implemented community outreach programmes through the participation of the Premiers in the Outreach Programme. The strategy for the implementation of the Customer Relationship Management was not approved - however some critical service delivery initiatives were implemented in some local offices to improve customer experience. These included, enquiry management, queue management, customer care charter, booking system and capacity building on Batho Pele principles.
The Agency developed the draft service delivery model. It was planned to be finalised in 2010/2011.
Under this priority, the objective of the Agency was to enhance its efficiency and improve access to its services. The development and approval of most internal control policies were achieved, however, there was still more work that needed to be done to implement some of these policies. Access to the Agency services in most local offices and pay points was improved even though it still had some challenges to address. It also invested in infrastructure improvement at various pay points across the country and it continued with the efforts to market its services. It had implemented Corporate Compliance Model to six regions and 91 inspections were conducted in six regions.
Litigation The implementation of the litigation strategy resulted in the reduction of litigation cases from about 15 212 in 2008/09 to approximately 2 735 cases in 2009/10. This reduced litigation costs from about R40 million to R20 million.
Financial management The Agency migrated from cash to accrual basis of accounting. It also reviewed and implemented financial controls, policies and procedures in line with GRAP standards.
The Agency adopted a zero tolerance approach to misconduct and that resulted in 191 cases being finalized and varying sanctions imposed. It however, identified challenges around the management of poor performance and consequently, Individual Poor Performance Management Guidelines were developed to capacitate supervisors.
Health Screening programmes were conducted to detect and treat diseases, including blood pressure, cholesterol, sugar screening, HIV and AIDS.
The implementation of the Fraud Management Strategy resulted in a saving of R180, 9 million.
8 383 persons signed an acknowledgement of debt (total value R51.2m).
An annual Internal Audit Coverage Plan was developed and implemented. The Plan clearly articulates the areas of focus for the financial year.
It was reported that there was overcrowding in some areas service points. This was attributed to beneficiaries sleeping over at the service points and early arrivals. It was further reported that long waiting periods in waiting rooms, repeat visits by clients and lack of adequate office accommodation were amongst the challenges encountered in various service points.
It was reported that poor conditions in some of the pay points were one of to the challenges facing the Agency. A large number of the pay points did not provide humane basic facilities. Most rural pay points needed urgent infrastructural attention. In addition, the Agency continued to receive cases of exploitation of beneficiaries by merchants and money lenders.
The physical infrastructure in some of the Agency's registries did not meet the requirements of the Occupational Health and Safety Act.
The Agency faced a challenge of the lack of adequate filing space and this resulted in multiple registries which carried costs.
There were some files and other critical documents that were missing.
II Reviews The Agency reported that it had significant backlogs in reviews resulting in over payments to non-eligible beneficiaries.
The dependency of the Agency on the Department of Social Department and the Department of Justice office spaces results in either payment of grants without a mandate or suspension of payment leaving vulnerable children without support.
The nature of the Agency's business had made it to be vulnerable to fraud and corruption.
The perceived inability of the Agency to successfully deal with the fraud challenges resulted in a loss of credibility.
The table below shows the progress SASSA made in addressing some of the matters of emphasis that were identified by the Auditor-General in 2009/10.
The Auditor General issued a Disclaimer Opinion to SASSA as it was unable to obtain sufficient appropriate audit evidence to provide a basis for an audit opinion.
o Incorrect or non-application of the basis of accounting; and o Incorrect or no provision for significant liabilities, in particular legal fees.
The Agency only submitted its financial statements for auditing on 10 August 2010 and not on 31 May 2010, as required by the PFMA.
The National Treasury granted SASSA an extension of three year for it to address and put in place internal controls and systems to improve service delivery. However, the extension proved to be insufficient to ensure readiness for the implementation of GRAP accounting and reconstruction of all comparative figures of 2008/09.
During the year under review, the Agency changed from modified cash to accrual accounting. It also implemented the new Oracle ERP system which resulted in reconciliations not performed as some modules were implemented late.
The Agency should conduct awareness campaigns to educate communities on age equalization on the Old Age Grant for male beneficiaries of 60 years, and the extension of Child Support Grant to 18 year old beneficiaries.
The Agency should improve the review of social grants. The Committee had expressed concerns over the lengthy review period of social grants.
The Department and SASSA should put more focus on Monitoring and Evaluation measures and on risk management as they are critical tools to curb the challenges faced by the Agency.
The Standing Committee on Finance, having considered the request for approval by Parliament of the Republic of South Africa of the Agreement on the Establishment of the African Tax Administration Forum, recommends that the House, in terms of section 231 (2) of the Constitution, approves the said agreement.
The Committee, as mandated by the Constitution and Rules of Parliament, undertook an oversight visit.
Investigate the high incidence of infant and maternal mortality rates in the Province.
Interventions by the Eastern Cape Provincial Department of Health.
Investigate the high numbers of youth deaths attributed to initiation and the interventions by the Provincial Department in this regard.
Assess the implementation of the Mother to Child Transmission of HIV/AIDS in the Province.
Investigate infant mortality rates in the province.
Conduct site visits to Voluntary Testing Centres.
Objective Four: Oversee related initiatives and overseeing the implementation of programmes aimed at assisting socially vulnerable groups.
Objective Five: Overseeing programmes, policy and legislation relating to the improvement of the health profile of all South Africans.
In relation to the work of the Select Committee on Women, Children and Persons the issues on maternal death, infant mortality mother to child transmission of HIV/AIDS relates directly to the Committee's focus on gender issues.
The outcomes of this oversight visit will capacitate the Committee to make substantial recommendations to the improvement of the quality of lives of the women in the Eastern Cape and KwaZulu Natal Provinces. This oversight visit relates not only to the strategic priorities of the NCOP as outlined above but also the five year strategic priorities of the Committee in terms of its priority of survival and development. This oversight visit also had a basis in terms of the Millennium Development Goal 4 which relates to the reduction of under-five child mortality rates.
Hon. B.P. Mabe (ANC); Hon G.G. Mokgoro (ANC); Hon Mashamaite (ANC), Hon D.
The presentations by the department related to infant and maternal health statistics and its underlying causes, as well as departmental challenges and the strategic interventions to address these challenges.
On its infant mortality statistics for the 1st quarter of 2010, the department noted that the statistics were only a reflection of mortalities that occurred within the hospital and did not include mortalities that occurred within communities.
Its infant mortality rates were exceptionally high, but the department was developing strategies and interventions to address this issue. The statistics did not reflect underlying conditions as to the cause of death, which included HIV/AIDS malnourishment, and late detection of birth defects. Furthermore, the statistics are also inclusive of infant deaths as a result of incomplete abortions, which were not disclosed to the doctors at the time of delivery. Unregistered abortion practitioners continue to be a problem in the province and the department has taken active measures to investigate this problem. The department further acknowledged that a large proportion of deaths could also have been prevented given the appropriate antenatal care and early detection of problems and abnormalities in early pregnancy.
The age range of the maximum numbers of maternal death range from 18-35, with most of the maternal death numbers attributed to young teenage mothers. Cultural and social pressures prevented these mothers from seeking early antenatal care. The infant mortality statistics was also inclusive of incomplete abortions.
The Eastern Cape is a vast province with a historical backlog of poor infrastructure. This has increased the challenges within the province.
It was noted that the province is highly under-capacitated in terms of its number of ambulances. At present, the ambulances are not stationed at the individual hospitals, but at a central facility that allows it to service an area often spanning 100kms. This is further compounded by vast distances between clinics to referring district and provincial hospitals. Normal deliveries are attended to at the local clinics but should there be complications in the delivery or with the foetus, these cases are referred to the district and provincial hospitals which are able to provide a higher level of intensive care. Furthermore, the existing ambulances are not stocked with incubators or oxygen, which is further exacerbated by the fact that there are insufficient medical personnel in the ambulances that can maintain a stabilized patient en-route to the nearest district or provincial hospital.
Insufficient ambulances also contribute to the poor management of patients, as patients that have been discharged to their local clinics often wait days to be taken to their hospital of origin. Furthermore, the department does not have an electronic database through which it manages its patients.
The province has a chronic shortage of doctors and nurses, for example, some district hospitals may have the equipment for intensive care but do not have the nurses to staff it. Furthermore, the province, particularly in rural areas, faces difficulty in attracting qualified doctors and nurses. This difficulty is mainly due to the lack of appropriate accommodation in rural areas for doctors. The department was working on measures to address this challenge together with the Department of Public Affairs and Administration as this issue presents a major challenge in respect of retaining doctors and nurses in rural hospitals and clinics that are struggling with insufficient medical personnel.
X- Ray machines, foetal monitors, equipment to monitor the progress of labour, insufficient incubators are just a few of the key medical equipment that hospitals lack. This equipment is essential in order for the medical personnel to perform their duties. In terms of medicines, hospital supplies, particularly in relation to chronic medication, which is very quickly depleted as some hospitals are more accessible to rural communities than some of the local clinics.
This presents a major challenge and is mainly due to the poor referral system between hospitals. This challenge is exacerbated by insufficient ambulances which results in patients that have been stabilized and that are able to return to local hospitals or clinics and are forced to remain at the district and provincial hospitals longer than necessary. This increases the risks of infection between mothers who have just given birth and also to high risk infants who have been reduced to sharing incubators due to overcrowding.
The vastness of the province and the long distances between referring hospitals, particularly district and provincial hospitals that are able to provide the appropriate level of care of high risk patients.
Though the department presented the statistics to the committee, it refused to release data to the committee when further requested.
The committee requested information from the province on the high number of youth deaths as a result of initiation. The department indicated that it was a major problem in the province, and their involvement came when the youths were admitted to hospitals. The department does not have an active strategy to deal with this issue. However, it has been in consultation with the Department of Co-operative Governance and Traditional Affairs to address this issue. This problem also required greater involvement and greater responsibility of the traditional leaders and that is an ongoing process.
In terms of initiation, the problem needs to be more actively managed within communities.
Department of Co-operative Governance and Traditional Affairs and communities. There is a need for more support and outreach to families in the communities and the initiatives of the department in this regard.
The department furthermore needs to play a more active role particularly in terms of education to the youth about family planning, the prevention of HIV/AIDS and sex education. This needs to be done collaboratively with the Department of Education.
Further support in the communities in terms of training for women that can assist with various aspects of prenatal and antenatal care to pregnant mothers.
The need for local clinics to be more accessible.
The need for greater decentralisation of services that will facilitate greater accessibility of services and a responsive department to the needs of rural communities.
In terms of staff retention, the department needs to create more incentives to lure doctors to the rural areas. It needs to be done through addressing infrastructural challenges in the province in terms of appropriate accommodation in rural areas.
The purpose of the oversight visit to Nelson Mandela Academic Hospital was to conduct a site visit of the facility in terms of their maternal and antenatal wards.
The Nelson Mandela Academic hospital echoed the challenges as presented by the Provincial Department of Health. The challenges experienced on a macro provincial level were the same as those experienced on a micro community level. As an institution, the hospital struggled with the same challenges, and as the only such facility within a 250km radius, excessive pressure is put on the hospital to provide high risk and emergency care. Though the hospital is able to meet this challenge, it struggles particularly with overcrowding as mothers who have been discharged to their local and district hospitals often wait for days to be transported. This exacerbates an existing challenge of overcrowding within the hospital.
Insufficient incubators for preterm babies resulting in babies having to share incubators, though this is not in accordance with health regulations.
Large waiting rooms of post delivery patients waiting to be taken to the local hospital or clinic.
A high level of hygiene maintained within the hospital facility.
The St Barnabas hospital services 17 local clinics, is a level 1 district hospital. It refers high risk patients to Nelson Mandela Academic Hospital some 120 Kms away. The hospital has a capacity of 189 beds but is often overcrowded due to its central location near a major road. The key programme of the facility is to strengthen primary health care.
The key challenges highlighted by the institution was that of a chronic shortage of doctors, urgent need for government intervention in respect of integration planning, and more incentives for doctors to work in rural areas. There is a lot of infrastructural investment which is not matched with the development of infrastructure for the doctors and other professionals that need to work at the hospitals. Furthermore, the hospital also has a shortage of medicines due to its proximity to a major road. Most residents of rural communities that would have received chronic medication from their local clinics now receive their medication from the hospital. This depletes the hospital's supply of medication.
In respect of infant mortality, the hospital noted that these were not necessarily due to negligence of doctors, but rather the provincial problems of the Eastern Cape Provincial Department of Health duplicating itself at a micro level. Shortage of funding, and the vastness of the province is one of the underlying contributing factors to the high infant and maternal mortality rate in the province.
The hospital is unable to provide 24-hour services in terms of key areas like radiography, as a result of the limited radiographers in the province. Furthermore, the hospital has facilities for intensive care, though it does not have the staff capacity to sustain this level of care.
The committee conducted a site visit of the facility and noted the challenges highlighted by the hospital.
The clinic currently falls under the Municipality and was in the process of being transferred to the Eastern Cape Provincial Department of Health through a process of 'provincialisation' which forms part of the Urban Renewal programme.
The clinic services large volumes of clients, and in the past six months it serviced 6000 patients. Though the clinic is faring well in the process of being extended, the challenge it faces is with regards to human resources. The Eastern Cape Provincial Department of Health is in the process of negotiating conditions of service and transfer agreements with the local municipality.
The purpose of the meeting was to assess the implementation and progress made in respect of the province's implementation of the Community Child Survival Campaign and Programme for the Prevention of Mother to Child Transmission of HIV/AIDS. In its introduction, the provincial department noted the HIV/AIDS prevalence in the province which as of 2008 was 38.7% of the population. In terms of demographics, 46% of the population is under the age of 20%. This places a major focus on education in respect of HIV/AIDS awareness and prevention as well as family planning and social services.
In respect of the province's demographics, the majority of its population are children and youth, and its health programmes therefore have a strong focus on those groups. A study further noted that the majority of deaths of children under the age of five years happen not within hospitals and clinics, but within communities. The Child Survival strategy therefore focuses on communities. In terms of a provincial study conducted in 2008, it was determined that in respect of the deaths of children under five years old in the province, malnutrition was the underlying cause. The department initiated preventative measures which seek to address issues of child survival within communities. The aim of this programme is to promote intersectoral collaboration, to cascade community programmes and reduce the main causes of deaths amongst children. The Provincial Department of Health works collaboratively with the Departments of Education, Agriculture, Social Development, Home Affairs as well as NGO partners in terms of providing a range of services which deal with education, immunisation, economic empowerment, nutrition and social support grants which contribute towards the reduction of deaths of under five year olds in the province.
The PMTCT programme of the Department of Health falls under the area of maternal health, and is the flagship programme of the KwaZulu Natal Provincial Department of Health. This programme aligns itself with the Millennium Development Goals as it relates to the reduction in maternal death and the department through this programme, is actively trying to meet the MDG targets. In respect of the main causes of maternal death in the province, infection, as a result of HIV accounts for 45% of maternal fatalities. According to a study conducted in 2008, latest statistics show that KwaZulu Natal has a HIV prevalence of 38.7%, which rates as one of the highest in the country. As mentioned previously, the province has a predominantly youth population. The purpose of the programme is early determination of the HIV status of mothers to prevent the transmission of HIV/AIDS to infants either during pregnancy and delivery. This is a free programme that focuses on early detection, counselling and the management of the anti-retroviral medication to HIV positive mothers during pregnancy and delivery. The CD4 count of the HIV positive mothers is closely monitored both during pregnancy and delivery. Post natally, the mothers also receive training on infant feeding and follow up home visits, and this facilitates management of HIV/AIDS within the home.
In terms of the prevention of mother to child transmission of HIV/AIDS, early booking of pregnant mothers is essential and this programme forms part of antenatal care. The provincial department has aligned this programme to the five year provincial strategy. Furthermore, the province has twenty hospitals providing specialized care to HIV positive mothers in labour and a further sixty-seven clinics providing PMTCT. At present, the department is able to provide anti-retrovirals to 94% of babies of HIV positive mothers.
The biggest challenge the provincial department has in respect of implementation of this programme is funding. At present, the demand of the province is not matched by the funds allocated to it. The province should have an average additional R17 per capita per annum funding to fully meet the needs of the Province. This minimum is also required to meet the Millennium Development Goals.
Hospitals and clinics in both provinces had some similar challenges and key issues within their health structures.
Lack of ambulances and insufficient emergency medical personnel.
Poor management of patients (referrals).
Insufficient doctors and nurses in the province.
Shortage of medicines and other essential medical equipment.
Overcrowding in hospitals.
Accommodation for doctors.
Insufficient funds to accommodate.
Lack of incubators and oxygen tanks in the hospital and ambulance.
St Barnabas only has one ICU nurse. Clinic needs more personnel.
No X-ray facilities after hours.
A need for radiography specialists.
A need for specialized scrub nurses.
High prevalence of HIV/AIDS.
Hospital administration requires funds for PMTCT programmes as per PEPFAR (U.S.
Funding will be withdrawn.
In order to meet MDG targets on maternal mortality, hospital officials suggested an increase of R17.00 per capita on the budget.
The Select Committee on Women, Children and Persons with Disabilities noted the manner in which the Eastern Cape and KwaZulu Natal Provincial Departments of Health have organised themselves to work towards implementing policy directives and programmes in improving the lives of women and children. The committee has furthermore observed the challenges faced by these institutions on the ground, particularly in terms of capacity, infrastructure and resources and the negative impact that this has had on service delivery.
After conducting site visits and observing first hand the dynamics prevalent in all the facilities visited, the committee is then in a better position to understand these challenges.
The Committee, as mandated by the Constitution and the Rules of Parliament, undertook an oversight visit.
The oversight visit is informed by the NCOP's key strategic priorities as well as the Committee's five year strategic plan.
To investigate allegations of neglect and inhumane living conditions for mentally disabled patients.
To investigate interventions by the Limpopo Provincial Department of Health and their plan of action for disabled persons in the Province.
To investigate the accessibility and disbursement of social support grants and support provide through the Limpopo Provincial Department of Social Development and the South African Social Support Agency.
To meet with the Commission on Gender Equality and get a briefing on work done in the Province and progress made in respect of its turnaround strategy.
To meet with the Tshwaranang Legal Advocacy Centre for Women to discuss their work in relation to implementation of the Domestic Violence Act 116 of 1998.
Hon. B.P. Mabe (ANC); Hon G.G. Mokgoro (ANC); Hon Mashamaite (ANC) and Ms Mahdiyah Solomons (Committee Secretary).
The specific areas of focus were on issues of mental health and the Province's response to them. The oversight visit was specifically conducted in response to allegations of neglect of mentally ill patients at the old Nkhensani Hospital in Giyani and the Limpopo Provincial Department of Health's response to them. Three facilities in Giyani were visited: Nkhensani District Hospital, Evuxakeni Hospital and the Pfunanani Special School, with a focus on issues relating to people with disabilities.
The Evuxakeni Hospital is a district hospital in Giyani in the Limpopo Province. The hospital has the capacity to accommodate 400 patients. The hospital currently attends to 280 patients including the patients transferred from the old Nkhensani Hospital. Patients from the Nkhensani Hospital were moved to Evuxakeni Hospital in 2010 as a result of media coverage exposing poor living conditions for mental health care users. Female patients were moved first and the last of the male patients were moved at the end of December 2010. All patients and psychiatric staff were moved to the Evuxakeni Hospital.
A Mental Health Review Board's role is to ensure that the care, treatment, and rehabilitation of persons who are mentally challenged conform to the Constitution and the Bill of Rights. The members of the board should include a legal expert, a mental healthcare practitioner and a community representative.
A Mental Health Review Board was established in Gauteng under the leadership of the Gauteng Department of Health and Social Development MEC, Ms Qedani Mahlangu. Its aim is to visit 100 psychiatric hospitals and mental health non-governmental organizations (NGOs). The aim of the visit is to monitor whether the institutions comply with the Mental Health Act No. 17 of 2002 which aims at ensuring that the rights of those with mental disabilities are protected.
Approximately 80% of the male patient population presented with substance- induced psychosis. A substance-induced psychotic disorder, by definition, is directly caused by the effects of drugs or alcohol, medication and toxins. Psychotic symptoms can result from intoxication on alcohol, amphetamines (TIK), cocaine and other drugs including cannabis.
Currently patients use older drugs. While effective, they have in some cases caused negative side effects in patients. The Evuxakeni Hospital psychiatrist indicated that new medication had proven more effective in private patients who have been treated with it.
There is a need for a dedicated structure or ward for mental health care users. Currently the hospital is not adequately equipped with the necessary infrastructure for these patients. Hospital senior personnel had indicated that a new ward had been budgeted for with the aim to commence building in January 2011.
The structural foundation of the hospital is weak due to soil erosion and moisture damage, making expansion of the new psychiatric ward difficult.
Given that budget has been allocated in 2010, has the Department made contingency plans with National Treasury to extend the budget timeline before the new financial year begins?
The oversight visit revealed that many of the younger patients are spending most of their time in beds. What programmes are in place to ensure patients are stimulated and enjoy a good quality of life?
Given that many of the patients are presenting with substance induced psychosis, what community based interventions are in place to address the abuse of alcohol and drugs?
Does a Mental Health Review Board exist in Limpopo If so, is it functional If not, are there plans to establish one for the Province?
What programmes exist to educate parents and family members on patients' mental health issues?
The Pfunanani Special School accommodates children of all ages with mental disabilities and severe learning and educational difficulties. Currently the school accommodates 556 students, 358 stay in hostels on the site and the rest use public and private transport to attend the school. 256 of the total school population are currently receiving grants. The school currently has 22 fixed classes and 11 mobile classes and consists of 35 teachers and 29 non-teaching staff. To date there are approximately 494 children from the surrounding Limpopo area waiting to attend the Pfunanani Special School.
As of 2011, parents pay R200 per year for day scholars and R1 000 per year for boarders.
The school offers needlework, home economics, hairdressing and bead making as part of their skills development programme.
Lack of staff when children need to go to hospitals at night.
Difficulties staff encounter when children have to be admitted to hospital. This is due to the fact that hospitals require children to be accompanied by parents to be admitted.
Poor quality of the kitchen and cooking facilities.
There is a need to build a school infrastructure to provide students with the best quality education. In a proposal to the Pfunanani Special School it was indicated that construction of the new school would commence in 2006, 5 years later the first phase of construction has not begun.
There is a need to provide facilities for students once they reach the age of 18.
What has been the delay in constructing this school Has a budget been allocated?
There appears to be a lack of mental health professionals at the facilities visited. What plans have been put in place to ensure professionals are made available to the patients and students?
What programmes are in place to accommodate students who leave special care facilities?
As pointed out earlier, after wide media coverage on the poor living conditions, psychiatric patients were moved from the Nkhensani Hospital to Evuxakeni Hospital.
What will happen to the building previously inhabited by the patients of the psychiatric ward?
As per hospital personnel the facility was deemed unfit for humans to inhabit approximately 4 years ago. Why had it taken media pressure to move patients?
Are there plans to refurbish any part of the facility?
Though the patients had been moved to the Evuxakeni Hospital the delegation observed the conditions in which the patients and staff had until recently had to live and work in.
Members noted that intended to have their questions and concerns responded to in the meeting with the Limpopo Provincial Department of Health on the 28 February 2011.
The Department made a presentation to the Committee in terms of its mental health programme. The Department further made a presentation to the Committee in terms of its challenges and strategic interventions to address these challenges.
The Department noted that its services were divided into three levels of care, namely tertiary, secondary and primary. The province had three specialized hospitals and only one with a high level of security for convicted criminals and acute patients. The province is struggling with limited capacity in terms of psychiatrists and registrars and is embarking on an intensive retention programme to attract and retain qualified psychiatrists and registrars in the Province.
Outreach is done at secondary level hospitals and district hospitals. The Department is in the process of bridging the gap between institutional services and community services. Furthermore, the Department is also in the process of training psychiatric nurses to conduct follow up services in communities and particularly in rural areas. The Department is working closely with educational technical colleges in this respect.
Psychiatry is a specialized service and is not available at all hospitals. There are three hospitals in the province that deal with specialized care for acute patients, which results in many patients from rural areas having to travel extensive distances in order to get the services they require. This challenge is further compounded by the fact that there are not sufficient psychiatrists and psychiatric nurses deployed to these hospitals. The absence of a Mental Health Review Board further exacerbates this problem.
One of the major challenges in the Province is the absence of a provincial Mental Health Review Board. The Department acknowledges that it is contravening legislation by not having one and plans are underway for the Department to fast track this process. The Department indicated that one of the causes for the delay in establishing the Board was the deadlock that had been reached in respect of the stipend that needed to be paid to Board members. This has since been resolved and adverts have already gone out. The Department expects the Board to be fully operational by 1 April 2011.
The Department acknowledged that the psychiatric patients were expected to move to the new Nkhensani Hospital; these were in the initial plans. However, due to time and other constraints, there were more problems than anticipated. Problems included plumbing, poor workmanship etc. This resulted in the ward for psychiatric patients not being built, and alternative arrangements for their care to be made at the Evuxakeni Hospital which is part of the hospital revitalization programme.
The Department further noted that the old Nkhensani Hospital has been deemed uninhabitable and the condition of the building has deteriorated to such an extent that the building had to be demolished. Short alternative accommodation has been made available at the Evuxakeni Hospital, though the conditions there were not ideal either; it met the requirements in respect of space and security, in the short term. Plans are currently underway to extend the psychiatric wards at Evuxakeni and make them more suitable. The Department is struggling with the pace at which the Evuxakeni Hospital is being revitalized.
In respect of budget, funding has been made available for psychiatric ward services for the 2011/2012 financial year. The Department further acknowledged that the maintenance and refurbishment of hospitals were the responsibility of the Department of Public Works.
The skills retention strategy of the Limpopo Provincial Department of Health.
Concerns over the absence of the Mental Health Review Board.
The extent of family involvement in the lives of these patients.
Poor referral systems.
Poor condition of facilities.
The Select Committee on Women, Children and People with Disabilities took a decision in 2010 to conduct a site visit to the Head Offices of the Commission for Gender Equality (CGE).
Receive a presentation from the CGE on its plan of action in Provinces.
Receive a follow up presentation from the CGE on its Turnaround Strategy as presented to the Committee.
Receive a progress report from the CGE on key recommendations emanating from the Strategic Report of the Public Hearings on Gender Based Violence.
The Committee was joined by the Standing Committee on the Status of Women Youth and Persons with Disabilities of the Gauteng Provincial Legislature.
Commissioner M Shozi, Acting Chairperson of the CGE made a presentation to the Committee in respect of the issues raised above.
In respect of monitoring and service delivery in respect of the Domestic Violence Act, the CGE noted the lack of training by law enforcement officials, most notably police as to how to handle cases of domestic violence and the issuing of protection orders. In most cases the protection order comes too late to take the victim of domestic violence out of the immediate danger that she is in. This is furthermore exacerbated by the fact the law enforcement officials try to mediate the situation, whilst not being trained to do so or are biased towards the victim. This often results in the fatalities of these victims who enrage their attackers even further once the police have left. Training to law enforcement officials is provided in terms of the correct procedures, contact details of places of safety and worksheets.
The CGE further notes that the Domestic Violence Act is silent on the role of the CGE and the Commission would therefore propose amendments to the Domestic Violence Act to the effect that the CGE should monitor the implementation of the Act.
Lack of co-operation on the CGE's monitoring role from stakeholders.
Public perception of the CGE with regard to service delivery - this relates to the negative publicity received in respect of the Auditor's General's findings on the CGE.
Lack of co-operation from government - as a gender monitoring and lobbyist institution the CGE struggles to receive the necessary reports from government departments which inform their national monitoring on gender programmes.
The small number of staff allocated to provincial offices versus the vastness of provinces.
The CGE furthermore has an unfunded mandate in respect of the Promotion of Equality and the Prevention of Unfair Discrimination, which obligates the CGE to institute proceedings of unfair discrimination on the grounds of gender. The CGE is legislated to implement this policy; however funding provision has not been made available to enable the CGE to do so.
It exercised its subpoena power in respect of the Commission on Gender Equality Act of 1996.
Efficient use of resources to fulfil the mandate of the CGE.
Creating more visibility in the provinces and facilitating public awareness of the mandate of the CGE.
Recognition and participation in International bodies.
The Eastern Cape office is leading a consortium of the Commission, including the National Prosecuting Authority and the South African Human Rights Commission in an attempt to collectively lobby and challenge the issue of forced marriages (Ukuthwala), which is particularly rife in that province.
In Mpumalanga, an awareness programme for men around gender based violence and facilitating public awareness of domestic violence and HIV infections related to rape and sexual assault is in place.
In the Kwazulu Natal Office, harmful cultural practices relating also to Ukuthwala, virginity testing and male initiation, focussed intervention include public awareness as well as Dialogue's held to determine whether traditional practices still hold relevance and whether or not these practices are still held within the ambit of culture. Specific focus is on whether or not cognisance is taken of the Bill of Rights on these issues. The provincial office is furthermore spearheading pilot workshops on maternity benefits for pregnant women; the purpose of these workshops is to identify policy gaps to address this issue and the practical impact on working women.
As a National Office, the CGE is furthermore making representations on legislation tabled in Parliament and lobbying in terms of gender issues.
The CGE is further in the process of addressing legal issues relating to Chieftaincy cases, Court monitoring in respect of the functionality regarding gender and championing the issue of inheritance in respect of Recognition of Customary Marriages and Interstate of Succession.
[The CGE particularly mentioned the non functionality of the Equality Court and requested the Committee's intervention in respect of this issue.
CGE are also in the process of conducting and completing various research papers which will be tabled in Parliament in 2011/2012.
The accessibility of CGE provincial offices, particularly in rural communities.
The poor enforcement of maintenance orders and the CGE's role in this.
The need for CGE to have more qualified attorneys so as to play a more active championing role in legal processes.
The CGE need to actively work to changing the negative image created by its past poor performance. Positive performance and results will result in positive publicity.
Tshwaranang Legal Advocacy Centre is a multi-disciplinary centre that promotes the rights of women to live free of violence and have access to adequate and appropriate services. This is done through the provision of free legal services and litigation, public education, research and advocacy.
The Tshwaranang Legal Advocacy Centre (TLAC) to End Violence against Women was established in 1996 to eradicate the victimization of women by the legal system, and to make the law a vehicle of social change for women. TLAC played a key role in the development of the Domestic Violence Act, holding membership on the project committee of the South African Law Reform Commission that drafted the Bill. TLAC has undergone a range of work since its inception, including training and education, advocacy and research.
In 2005, TLAC established a legal services unit that provides information and legal advice and assistance to women who are survivors of gender based violence, including domestic violence and rape. The unit also provides legal advice on maintenance and is undertaking a programme of capacity building for non-legal NGOs to increase access to these services for poor women.
TLAC has participated as a member of the National Working Group on Sexual Offences since the group was formed and is currently responsible for the national coordination and ensures the implementation of the workings and activities of the Group.
The monitoring of metro and South African Police Service officers, who make unlawful arrests of women and then proceed to assault and rape them -this presents a broader problem of male bias once the affected women report these cases.
Maintenance cases and legal support for women.
The delegation resolved to conduct follow up meetings with the Departments of Justice and Constitutional Development and the South Africa Police Services in terms of the issues highlighted above.
Whilst no commitments were made in respect of the Limpopo Provincial Department of Health, the delegation mentioned its intention to have further follow up engagements with the Department in respect of the accommodation for the mentally disabled patients at the Evuxakeni Hospital in Giyani, Limpopo.
Assist the CGE in promoting a national workshop for law enforcement officials in respect of issues related to gender based violence.
Address the non-functionality of the Equality Courts.
Champion the review of the unfunded mandate of the CGE in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act.
The Select Committee on Women Children and Persons with Disabilities noted the manner in which the Limpopo Provincial Departments of Health and Social Development, the South African Social Security Agency and the Commission for Gender Equality have organised themselves to work towards implementing policy directives and programmes in improving the lives of women and the mentally disabled. The Committee has furthermore observed the challenges faced by these institutions on the ground, particularly in terms of capacity, infrastructure and resources and the negative impact that this has had on service delivery.
After conducting site visits and observing first hand the dynamics prevalent in all the facilities visited, the Committee is then in a better position to understand these challenges.
Report of the Select Committee on Security and Constitutional Development on Budget Vote 24: Department of Justice and Constitutional Development, dated 8 June 2011.
The Select Committee on Security and Constitutional Development, having considered Budget Vote 24: Department of Justice and Constitutional Development reports that it has concluded its deliberations on it and recommends that the Council approves Budget Vote 24.
A more detailed report on the committee's observations will follow in due course.
<fn>GOV-ZA.3472251En.2012-02-10.en.txt</fn>
conveys its heartfelt condolences to the Sisulu family, friends and comrades in the ANC, the Women's League, the Youth League and the Alliance.
Consideration of Report of Joint Committee on Ethics and Members' Interests on Auditor-General's report on alleged nondisclosure of members' interests (Announcements, Tablings and Committee Reports, 17 November 2010, p 4004).
resolves that the time allocation for the purpose of the executive statement today be as follows: Cabinet member: 40 minutes; ANC: 15 minutes; DA: 9 minutes; Cope: 5 minutes; IFP: 3 minutes and all other parties 2 minutes each.
Statement by Minister in the Presidency: National Planning Commission on launch of diagnostic document by National Planning Commission.
Consideration of Request for Approval of Agreement on the establishment of the African Tax Administration Forum in terms of section 231(2) of Constitution (Report of Standing Committee on Finance, see Announcements, Tablings and Committee Reports, 8 June 2011, p 1998).
State Liability Amendment Bill [B 2B - 2011] (National Assembly - sec 75) - (Select Committee on Security and Constitutional Development - National Council of Provinces).
Agreement on the establishment of the African Tax Administration Forum (Tabled on 14 April 2011) (NA: Referred to Standing Committee on Finance on 1 June 2011 - reported on 8 June 2011).
<fn>GOV-ZA.3472261En.2012-02-10.en.txt</fn>
Policy Debate on Budget Vote No 37: Transport, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Policy Debate on Budget Vote No 28: Economic Development, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Consideration of Report of Select Committee on Cooperative Governance and Traditional Affairs (Announcements, Tablings and Committee Reports, 7 June 2011, p 1971 - Joint Workshop with Auditor-General on Consolidated Local Government 2009/10 Audit Outcomes in Municipalities and Municipal Entities).
Draft resolution (Mr. D B Feldman): That the Council -
calls on Government and Regional leaders to act in unison and to find a solution to a problem that has already caused so much harm.
calls on Government to address this issue with great urgency.
the intervention by the Mbombela municipality to provide water to the half a million people of Pienaar.
is shocked at what is happening in our suburbs during school hours and asks for more discipline and control at our schools.
<fn>GOV-ZA.3472921En.2012-02-10.en.txt</fn>
The House met at 14:15.
[14:15] Notices of motion.
further congratulates all the other nominees for this award, including the cast and director of the South African movie Life Above All.
congratulates Mzimela with her appointment and wishes her well with her new responsibility.
wishes Awethu well in their future endeavors.
conveys its heartfelt condolences to his wife, family, friends as well as to his fans.
conveys its condolences to his family, friends and comrades.
conveys its deepest condolences to his family including his ten-year old daughter, Zoe, and his colleagues.
The Chief Whip of the Majority Party moved without notice: That the House, notwithstanding Rule 29 of the National Assembly, which provides the sequence of Proceedings for the House, give precedence to the statement by the Minister in the Presidency: National Planning Commission, to make a statement before Members'Statements.
Motion agreed to, members standing.
Consideration of Report of Joint Committee on Ethics and Members' Interests on Auditor-General's report on alleged non-disclosure of members' interests (Announcements, Tablings and Committee Reports, 17 November 2010, p 4004).
[15:24] Statement by the Minister in the Presidency: National Planning Commission, on launch of diagnostic document by National Planning Commission.
[16:24] Members' Statements.
The Deputy Chief Whip of the Majority Party moved: That the report be adopted.
The Deputy Chief Whip of the Majority Party moved: That the report be adopted and proclamations approved.
Report accordingly adopted and proclamations approved.
The Deputy Chief Whip of the Majority Party moved: That the report be noted.
Report accordingly noted.
The House adjourned at 17:01.
<fn>GOV-ZA.3472931En.2012-02-10.en.txt</fn>
The Council met in the Old Assembly Chamber at 10:00.
[14:02] Notices of motion.
takes this opportunity to appeal to the people of South Africa, especially the business community and other organised business entities such as Business South Africa, Chamber of Commerce and business individuals to assist households with blankets and heaters and adopt households and support them during this winter.
Motion agreed to in accordance with section 65 of the Constitution.
calls on the relevant local authorities in the affected provinces to give immediate assistance with regard to shelter, warmth and food.
takes this opportunity to welcome the South African government's move to strengthen controls to limit alcohol abuse and regulate alcohol sale and distribution.
takes this opportunity to reiterate its support to the call made by President Jacob Zuma to declare 2011 the year of job creation and appeals to all entities of national, provincial and local government, as well as the business community to join the fight to create jobs and fight poverty in our communities.
takes this opportunity to commend the National Treasury for demonstrating leadership and heeding to the call made by President Jacob Zuma to put an end to the selfish criminal deeds of those who feast from the resources of our people and dip their hands in the public till to enrich their selfish lives.
MINUTES: NATIONAL COUNCIL OF PROVINCES NO 18â2011 10.
applauds this innovative effort which seeks to address some of the most pressing challenges of our time, which are unemployment, poverty and environmental sustainability.
The Council adjourned at 18:08.
<fn>GOV-ZA.3472941En.2012-02-10.en.txt</fn>
Policy Debate on Budget Vote No 24: Justice and Constitutional Development, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Consideration of Report of Select Committee on Women, Children and Persons with Disabilities (Announcements, Tablings and Committee Reports, 8 June 2011, p 1998 - Oversight Visit to Eastern Cape and KwaZulu-Natal Provinces).
Consideration of Report of Select Committee on Women, Children and Persons with Disabilities (Announcements, Tablings and Committee Reports, 8 June 2011, p 2007 - Oversight Visit to Limpopo and Gauteng Provinces).
Mr D D Gamede (p 154); Mr D B Feldman, Mr A G Matila, Mr G G Mokgoro (p 155); Mr R A Lees, Mr M P Jacobs (p 156); Mr D B Feldman, Ms E C van Lingen (p 164); Mr O De Beer, Mr D A Worth, Mr B A Mnguni (p 165); Ms M G Boroto (p 166); Mr K A Sinclair (p 167); Mr R A Lees (p 173); Mr F Adams, Ms D Z Rantho (p 174); Mr H B Groenewald, Mr D A Worth, Mr M W Makhubela (p 175); Mr S H Plaatjie, Ms E C van Lingen, Mr M C Maine (p 176); Mr D B Feldman, Mr M W Makhubela (p 191); Mr K A Sinclair, Mr H B Groenewald (p 192).
sec 75) - (Select Committee on Security and Constitutional Development - National Council of Provinces).
Constitution Seventeenth Amendment Bill [B 6 - 2011] (National Assembly - sec 74(3)(a)) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
Superior Courts Bill [B 7 - 2011] (National Assembly - sec 75) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
<fn>GOV-ZA.3472951En.2012-02-10.en.txt</fn>
1.  Indicates translated version of the question.
whether his department will take any steps to rectify the situation, given the fact that all three race groups have been historically disadvantaged; if not, why not; if so, when CW286?
Whether, in light of the new tag system which has been proposed by the Gauteng Department of Transport, Roads and Works, his department has any measures in place to address the problem of falsifying of license plates; if not, why not; if so, (a) what measures and (b) what are the further relevant details CW287?
Whether, with reference to certain remarks (details furnished) on 6 June 2011 regarding the strength of the South African Rand, the Government is considering interventions to weaken the currency; if not, what is the position in this regard; if so, what are the relevant details CW288?
Whether any progress has been made with regard to the illegal occupation of Reconstruction and Development Programme (RDP) houses, especially in urban areas; if not, why not; if so, (a) what progress and (b) what are the further relevant details CW289?
Whether there are any developmental measures which encourage coordination of strategies of public institutions with those of government structures that are responsible for sport and recreation activities; if not, what is the position in this regard; if so, what are the relevant details CW290?
Whether any strategies are in place to assist previously disadvantaged communities in securing financial stability through cultural (a) industries and (b) tourism; if not, what is the position in this regard; if so, what are the relevant details CW291?
whether the output of bitumen will meet current and future requirements; if not, why not; if so, what are the relevant details CW292?
With reference to her department's 2011/12-2015/16 Strategic Plan to install 250 041 solar water heaters during the 2011-12 financial year, (a) how will this target be achieved, (b) who will be the recipients of such heaters and (c) where will the funding for these heaters be obtained from CW293?
Whether he has entered into any discussions with the Minister of Public Enterprises regarding the release of land which is owned by state-owned enterprises, especially in Gauteng in order to build houses; if not, why not; if so, what are the relevant details CW294?
Mr O de Beer (COPE-WC) (p 103)-Cooperative Governance and Traditional Affairs.
Mr O de Beer (COPE-WC) (p 89)-Rural Development and Land Reform.
Mr D B Feldman (COPE-Gauteng) (p 99)-Performance Monitoring and Evaluation as well as Administration in the Presidency.
what steps will be taken to deal with this matter and (b) how soon will the outcome of the investigations be made availableCW270?
Mr D B Feldman (COPE-Gauteng) (p 111)-Minister in the Presidency: Performance Monitoring and Evaluation as well as Administration in the Presidency.
<fn>GOV-ZA.3474291En.2012-02-10.en.txt</fn>
The Council met in the Old Assembly Chamber at 09:34.
The Deputy Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
The Council adjourned at 10:47.
<fn>GOV-ZA.3474301En.2012-02-10.en.txt</fn>
Military Ombudsman Bill, submitted by the Minister of Defence and Military Veterans.
Referred to the Portfolio Committee on Defence and Military Veterans and the Select Committee on Security and Constitutional Development.
Constitution Eighteenth Amendment Bill [B 8 - 2011] (National Assembly - proposed sec 74(3)(b)) [Bill and prior notice of its introduction published in Government Gazette No 33945 of 21 January 2011.
Military Ombudsman Bill [B 9 - 2011] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33969 of 28 January 2011.
The Portfolio Committee on Co-operative Governance and Traditional Affairs considered the Budget Vote and Annual Performance Plan of the Department of Co-operative Governance and the Strategic Plan of the Department of Traditional Affairs on19 April 2011. The committee considered the Strategic Plans of the entities reporting to it on 19 April and 24 May 2011.
develop, promote and monitor mechanisms, systems and structures to enable integrated service delivery and implementation within government; and monitoring and evaluation of co-operation amongst government stakeholders to achieve improved service delivery.
An integrated, responsive and highly effective governance system working with communities to achieve sustainable development and improved service delivery.
achievement of social cohesion through the creation of enabling mechanisms for communities to participate in government; and monitoring and evaluation of co-operation amongst government stakeholders to achieve improved service delivery.
The Minister signed a performance agreement with the President on Outcome 9, and the MECs and Mayors signed an agreement with the Minister on Outcome 9.
The Strategic Plan 2011/12 of the Department of Cooperative Governance has been developed as a national plan with national targets and indicators which are informed by Outcome 9.
This Strategic Plan sets the basis for the development of Provincial Annual Performance Plans in order to ensure expression of Outcome 9 throughout the Provincial Annual Performance Plans.
The 2009-2014 Strategic Plan was reviewed in light of Government's outcomes- based approach and the Minister's performance contract with the President.
The Department conducted an alignment exercise and reviewed its five Strategic Objectives as set out in the Strategic Plan 2009-2014. It replaced them with Strategic Goals that are in line with the Minister's Delivery Agreement.
The seven outputs of the Minister's Delivery Agreement for Outcome 9 are now the new Strategic Goals and the Sub-Outputs are now the Strategic Objectives defined per programme.
Strategic Goal 6: To improve administrative and financial capability; Strategic Goal 7: To implement a Single Window of Co-ordination; Strategic Goal 8: To improve co-operative governance across the three spheres; and Strategic Goal 9: To strengthen the capacity & capability of the department to deliver on its mandate.
The Department is undergoing changes to suitably address structural and systemic challenges in local government. The Department had only five programmes in the year just ended and, due to the reorganization, there are currently seven programmes. This means that there are many budget shifts in relation to programmes. The two additional programmes, albeit the functions are not new, are Provincial and Municipal Government Systems, on one hand, and Infrastructure and Economic Development, on the other.
The total allocation of the Department is R48 billion in the 2011/12 financial year which represents a 9.56% increase from the R41.7 billion in the year just ended.
Administration 197.9 212.6 216.0 222.3 3.4 -6.5 1.60 -3.
Policy, Research and Knowledge Management 48.2 46.0 47.6 50.2 -2.2 -4.3 -4.56 -8.
Governance and Intergovernmental Relations 30 666.4 34 213.9 37 684.1 40 077.5 3 547.5 1 980.5 11.57 6.
Disaster Response Management 293.2 821.2 558.0 594.3 528.0 490.4 180.08 167.
Provincial and Municipal Government Systems 251.2 248.3 260.5 274.7 -2.9 -14.3 -1.15 -5.
Infrastructure and Economic Development 10 217.5 12 307.9 14 986.2 15 804.9 2 090.4 1 526.7 20.46 14.
Traditional Affairs 74.1 83.8 90.4 97.0 9.7 5.9 13.09 7.
There are three programmes that take up a larger share of the budget. Governance and Intergovernmental Relations has R34.2 billion which represents a 6.4% real increase from the previous year. The Disaster Response Management programme also received a substantial increase, from R293 million to R821 million in the current year. And finally, the Infrastructure and Economic Development receives R12.3 billion, which increases to R15.8 billion by 2013/14. The municipal infrastructure grant allocation for 2010/11 is R9.5 billion, and it increases to R14.7 billion in 2013/14. The targets for 2013/14 are: basic water: 2 million; sanitation: 1.2 million; roads: 1.
improving the strategic management and governance process; and strengthening relations with international agencies.
This programme is the apex of the Department. It is supposed to steer and provide impetus to the strategic direction of the Department in order to achieve the results of Outcome 9, as well as the MDGs. The growth was due to inflation- related salary adjustments and the increase in funded posts. In the previous financial year the overall budget for this programme was R197.9 million which increased to R212.6 million in the 2011/12 financial year. Over the MTEF period, expenditure is expected to increase from R197.9 million in 2010/11 to R222.3 million in 2013/14, at an average annual rate of 4%. The growth is attributed to the establishment of provincial offices and inflation-related adjustments to salaries. In addition, this programme encompasses the Legislation Review and Drafting sub-programme which receives approximately R10.6 million.
providing effective and responsive ICT support to municipalities as outlined in the Local Government Turn Around Strategy (LGTAS); and creating knowledge-based decision making.
The budget for this programme has actually declined from R48.2 million in 2010/11 to R46 million in the current financial year. As indicated in the table above, the real percentage change is -9.13%. Increases are accrued in the Information, Communication and Business Technology sub-programme. This increase is mainly for goods and services which are computer services, and which accounts for R5.9 million, and R8.8 million for consultants and professional services.
reviewing Local Government policy and legislation; and providing support measures to ensure functionalities of ward committees by 2014.
This programme involves transfers to municipalities through the Local Government Equitable Share, as well as transfers to statutory entities such as the South African Local Government Association and the Municipal Dermacation Board. Needless to say, the largest portion goes to transfers, particularly the Local Government Equitable Share, which takes up R34 billion in the current year. Expenditure in this programme is dominated by the equitable share transfers to municipalities, which make up 73.2% of the department's budget allocation in 2010/11. Expenditure is expected to increase to R40.1 billion over the medium term, at an average annual rate of 9.3%. Over the MTEF period, the programme will focus on contributing to a responsive, accountable, effective and efficient local government system (outcome 9). Expenditure will be directed at the transfers, the management of conditional grants, the development of the Green Paper on Co-operative Governance, and support for the establishment of the Southern African Development Community (SADC) local government desk and the consolidation of the SADC local government agenda.
supporting the establishment of disaster management centers in all provinces, districts municipalities and metros; and developing of the National Indicative Risk and Vulnerability Model.
In January 2011, the country experienced floods and droughts and thus twenty eight municipalities were declared national disaster areas. All sub-programmes had a decrease in their allocations with the exception of the Disaster Relief Transfers, which rose from R214.4 million in 2010/11 to R821.2 million in the 2011/12. Expenditure is expected to decrease to R594.3 million in 2013/14 from R821.1 million in 2011/12, at an average annual rate of 14.9%. The programme is dominated by transfers, at 94% of the budget. Allocations for disaster relief amounting to R1.8 billion have been projected over the MTEF period. The aim is to provide immediate relief for disasters through the disaster allocations to provinces and municipalities. Expenditure on goods and services has also declined from R60.7 million in the previous year to about R24.6 million in the current year.
implementation of a new approach to co-ordination of support and capacity; and facilitating the development of credible and simplified IDPs informed by the unique nature of municipalities.
There are two sub-programmes that have decreased substantially ie Management: Provincial and Local Government Support, which declines from R10.5 million allocation in 2010/11 to only R3.2 million in 2011/1. Another substantial decrease lies in the Development Planning sub-programme which declines from an allocation of R14.5 million in 2010/11 to R5.9 million in the current financial year. The Municipal Systems Improvement Grant has actually increased from R212 million in the year 2010/11 to R219.4 million in the current year and is set to increase further over the MTEF period. The total budget for this programme has declined from R251 million in 2010/11 to about R248.4 million in the 2011/12, which represents a -5.61% decrease. Over the MTEF period, expenditure is expected to increase to R274.7 million, at an average annual rate of 3%. The increase is mainly due to inflation-related adjustments to compensation of employees, and goods and services.
creating jobs through a system supportive of Private Sector Sustainable Employment at local level in all district municipalities; and increasing access to basic electricity, refuse removal, water and sanitation.
This programme is one of the most critical programmes in order for government to be able to expedite service provision and meet the MDGs by 2014. It is through vigorous infrastructure investment, maintenance and development planning that this will be achieved. The Special Purpose Vehicle or Government Component is expected to eliminate infrastructure backlogs through dedicated technical capacity to municipalities in order to intensify infrastructure development and thus improve service provision as well as the provision of free basic services. This programme has received R12 billion, of which a large portion is for the Municipal Infrastructure Grant, amounting to a total of R11 443.5 billion.
Expenditure is expected to increase from R10.2 billion in 2010/11 to R15.8 billion in 2013/14, at an average annual rate of 15.7%. This is mainly in the Community Work Programme, in which expenditure grew by R406 million, as part of government's job creation initiative. The Special Purpose Vehicle is allocated R192.1 million which increases to R202 million over the medium term. The programme will spend a total of R253 million on goods and services of which R193.4 million is allocated to materials and supplies. Under this programme the Department will support the distribution of basic water services to 96% of households.
2.1 Mandate The new Department's mandate is a multi-faceted mandate.
Recognition of traditional healing and medicines.
Upon realization of these new imperatives, the Executive Leadership decided to review the 2009 - 2014 strategic plan and align it with this new mandate. This process provided an opportunity to review the vision, mission, and values, and develop new strategic objectives for the department.
the undertaking of periodic research and development on Traditional Affairs matters; and the monitoring and evaluation of performance of DTA and its entities.
Three main programmes namely: Administration; Research, Policy & Legislation; and Institutional Support and Coordination programmes have been established. This establishment phase is expected to be concluded in 2013/14 financial year with a fully functional department. The entrenchment of Chapter 12 of the Constitution and the White Paper on Traditional Leadership and Governance and the enactment of national and provincial legislation heralded a new era, which added a new dimension in the evolution of the governance systems in South Africa.
The Constitution, policy and legislative frameworks accord a place and role of the institution of traditional leadership within the broader system of governance and require that the institution be fully integrated into the democratic governance system, as well as being integrated within the development and service delivery processes.
Earlier in 2011, the Department embarked on a process of assessing the state of governance within traditional affairs in South Africa to establish baseline information. To this end, the Department has concluded a series of consultative workshops covering six provinces. There has been overwhelming support received from different provinces during the assessment process. The results of the assessment process will lead to the development of the state of governance report, the partnership strategy, the capacity-building strategy and, where necessary, a review of legislation and policies. Furthermore, the findings will support Outcome 9, which focuses on a responsive, accountable, effective and efficient local government system by co-ordinating amendments to section 81 of the Local Government: Municipal Structures Act of 117 of 1998. The findings will also support Outcome 12, which focuses on an efficient, effective and development-oriented Public Service and an empowered, fair and inclusive citizenship by establishing effective partnership models at local government level, promoting collaboration and constructive dialogue and protocols between elected officials and traditional leaders, including development of capacity-building systems and promoting best practice models, as well as interventions to strengthen the institution of traditional leadership.
To enhance Knowledge Management within traditional affairs.
The function, therefore, of this programme is to manage the transition period in order to ensure a functional Department and thus enhance synergetic collaboration with other spheres of government as well as departments.
Expenditure is expected to increase to R97 million in 2013/14, at an average annual rate of 9.4%. This growth is the result of building capacity over the medium term for the programme to establish itself as a standalone department. The bulk of the increase is reflected in spending in compensation of employees, which is expected to grow by R13.7 million over the medium term.
The main focus of SALGA in the first quarter will be to manage the transition of leadership in municipalities. The new leaders will be trying to implement their elections manifestoes, while the public continually demands better service delivery. Part of this process would be the management of labour relations. It is the third year of the three-year wage agreement between SALGA and SAMWU and related unions. SALGA, together with other role-players, will have to manage the process of wage negotiations.
SALGA's achievements in 2010 were in terms of municipal service delivery, social cohesion, economic development, labour relations, municipal governance and inter-governmental relations, capacity building and institutional development, climate change response, and internal capacity and corporate governance. The SALGA Annual Performance Plan 2011/12 was aligned to the delivery agreement of the Minister: COGTA. The ten priorities and their outcomes were outlined. For each priority, five targets had been set and these were explained. Finally, its role in the local government elections was discussed. SALGA had developed a Transition Management Framework to support municipalities through this period: both pre-, during and post- election.
The councillor induction programme will commence in July with various learning events to cross-pollinate municipalities on areas of HIV/AIDS, climate change and public participation. SALGA is involved in various climate change events like COP17, for which the city of Durban will be the next host. SALGA has contributed to the Green Paper on Climate Change, bringing to the fore the implications for local governments in the Climate Response Plan. SALGA has been involved in various climate change initiatives, amongst others the COP17, the Greening Summit and an expo focussing on entrepreneurial opportunities around climate change.
SALGA has a pre-, during and post-election plan. Post election, the councilor- induction plan will be implemented. SALGA's work is undermined by its dire lack of resources. It has to scrounge for resources in order to perform its constitutional role. SALGA is engaging with CoGTA and National Treasury in its quest to resolve its financial difficulties. It has some relief in certain instances when there are challenges. It has developed a comprehensive funding model. It remains optimistic about a positive outcome.
On 19 April 2011, it had received only 7% of levies due. Only after municipalities have passed their budgets, some as late as August, will levies be paid. Even then, municipalities might not pay the full amount. SALGA's membership is voluntary. This places SALGA in a compromised situation. SALGA has appealed for collective support to reverse the current untenable situation.
The 61 municipalities in KZN form KWANALOGA. This organisation operates as an entity on its own and does not pay membership fees to SALGA. Political processes have been deployed in order to resolve the situation. Thus far it has caused a lot of harm.
MDB has existed for 11 years and has sometimes carried out contentious work. The Board carried out demarcation work prior to the local government elections and were the silent partners to the Independent Electoral Commission in the conduct of those elections. The Board aims to restructure itself to optimise its work in future. The Board needs to have interaction with COGTA in order to discuss legislation needed to assist in the process of municipality demarcation. The issue of demarcation is emotive and the process needs to be streamlined.
The Board aims to perform in such a way as to empower municipalities to fulfill their constitutional mandate. The MDB established six themes for its strategic plan.
Theme 1: determination and re-determination of municipal boundaries and categorisation and re-categorisation of municipalities.
The Board has resolved to adopt the position on the size of municipalities as espoused by the research work submitted. It will develop and clarify the work on demarcation criteria to enhance buyin from stakeholders and hold public hearings for every boundary redetermination request case. In 2011/12, the MDB allocated a total of R6.
Theme 2: assessment of the capacity of metropolitan, district and local municipalities.
The Board will shift to a new and revised model of municipal capacity assessments following a comprehensive review of the previously used model. The Board will pursue a new approach to capacity assessments that will seek to address the limitation that there is insufficient information on which to make recommendations on reassuring a function. It will position capacity assessment as a strategic resource and revise the capacity assessment model. The Board will allocate R5.1 million to the attainment of Theme 2.
Theme 3: implementation of effective and efficient organisational processes, systems and practices.
MDB will seek to build its internal capacity to meet Theme 3. It will outline a plan of action to implement changes to its organisational structure. It will lead a full process to effect the changes that will be needed to restructure the Board's internal machinery. The Board will allocate R13 013 million on staff salaries and R195 205 on staff training from a total allocation of R13 2 million set aside for Theme 3.
Theme 4: ensure good governance.
MDB will improve compliance with legal frameworks.
Theme 5: ensure sound financial management.
The Board will allocate R4.2 million for this programme. The Board will institute sound financial management by managing resources to accomplish strategic goals in accordance with Theme 5. It will improve its financial planning and continue to ensure the adherence to laws, regulations and contractual obligations. The Board has allocated R2.9 million for 2011/12 for this theme.
Theme 6: improve stakeholder relations.
The Board will prepare a stakeholder management and governance framework. It will set up a stakeholder management unit including a budget for the entire service.
The MDB has received a budget allocation of R37,1 million for the 2010/11 MTEF period and has reported R37,9 million at its disposal as of 31 March 2011. The MDB has spent R36 million of its budget allocation and has a surplus of R1,9 million. The Board has spent within its budget. The Board has been allocated R39,9 million for the 2011/12 MTEF period, R40,8 for 2012/13, and R43,058 for 2013/14.
The Commission is mandated to strengthen constitutional democracy and to protect and promote cultural, religious and linguistic community rights. The Commission will seek to institute seven programmes in order to meet its strategic objectives. The Commission was unable to provide budget allocations for each of its proposed programmes. The business plan will be formulated after the Commission has received additional funds which it anticipates.
Programme 1: Investigation and conflict resolution will focus on complaints submitted to the Commission. The aim will be to investigate 80% of complaints it received within a 60-day period.
Programme 2: Research and Policy development the aim is to develop policies which could improve the focus and work of the Commission.
Programme 3: Public Education and Advocacy aims at creating more public awareness of the work of the Commission in communities.
Programme 4: Community Engagement aims at increasing recognition of the values and impact of cultural diversity and increasing community engagement in the work of the Commission.
Programme 5: Secretariat and Corporate governance focuses on increasing the Commissions compliance with governance rules and implementation of approved decisions by management. The Commisssion aims at having four plenaries.
Programme 6: Corporate Services aims to fill funded vacancies within the Commission.
Programme 7: Financial Administration will seek to align the Commission with financial regulations and practices.
The biggest challenge for the Commission has been funding. As a result of this the Commission could not perform its constitutional mandate. The Commission is looking at ways of cost cutting and one of its suggestions is to cut telephone costs by cutting out outgoing calls.
CRL Commission stated that it had received R3 million after the intervention of the committee towards the end of 2010. The allocation had been spent by the Commission within two months.
The SACN exists to promote good governance and management in South African cities, to analyse strategic challenges facing cities, and to promote shared learning partnerships between the different spheres of government to support the management of South African cities.
In the period 2011-16, the SACN will endeavor to understand member city typology. It will place emphasis on broadening its programmatic reach to non-traditional SACN member cities including cities in the Southern African Development Community (SADC). The Network will seek to change policy response and practitioner behavior across the spheres of government by deepening knowledge-sharing. The SACN has been allocated R26 million for the 2011/12 fiscal year and has stated that this is R1.2 million below its required target. Member municipalities have mostly paid up their subscriptions, with some exception.
The SACN described how it views the typology of South African cities. There are five categories which exist in the typology of the country. The first is city-regions characterised by large multi-nodal urban complexes with more than one million people and with significant and diverse economies. The second is cities characterised by multi-nodal areas with more than 400 000 people serving a bigger region and with high service indexes. The third is regional service centres made up of medium or high order towns, relatively high service indexes and towns which offer key service functions in more remote areas. The fourth is service towns with a narrow range of services and serve to fulfill a service function for communities within the vicinity of that town. The fifth is local/niche towns, smaller in terms of population and economic activity and which differ in economic rates.
The SACN highlighted the urban corridors and mega-regions in the world and showed how South Africa and the SADC region compared to the rest of the world in terms of urbanisation. The Network highlighted the spatial and population density gaps in certain municipalities where services were not provided to people living on the outskirts of urban centres due to a disparity in infrastructure development. Most major urban centres receive more funding than rural centres.
Adopting an urban development policy regime which strengthened productive and sustainable urban spaces.
Providing local government indicators that allowed better governance and interpretation at varied scales.
Addressing issues of land and land-use management and increasing city efficiency by improving public transport.
This aims at understanding better and improving its financing model, improving management of its natural resource base and improving its understanding of rural/urban interdependence & interface. It will have to build dedicated and focused human capacity and promote sociopolitical stability. It will have to address land and land-use management. It will have to ensure dedicated and focused human capacity for local government. It will have to improve the public transportation system, and work with the Department of Human Settlements to create social cohesion.
The SACN will look to implement four programmes which will target different areas to help it conduct its operations. Programme A will target metro cities; Programme B will target 21 of South Africa's large municipalities. Programme C will target SADC and the African Continent and Programme D will target international cities.
Assistance to municipalities where disasters occurred, moves at a slow pace.
Compliance with the Disaster Management Act, No 57 2002 has been poor, eg not all provinces and districts have disaster management centres.
Senior Management level in the Department of Co-operative Governance was not gender representative.
The management and treatment of the Khoi-san community by the Department of Traditional Affairs has not been decided upon.
Some of the policy that they want to make an input on, like ukuthwala and initiation, is within the scope of other departments like the Department of Home Affairs and the Department of Health.
Funding allocation to the CRL Commission is not sufficient even for basic resources. 7 The committee notes that Kwanaloga operates as a separate entity from SALGA.
The committee also notes that some of the infrastructure constructed is of poor quality as a result of poor supervision and monitoring.
E. RECOMMENDATIONS 1 Steps should be taken to speed up post-disaster assessment processes, so that resources are speedily sent to disaster areas to avoid the late disbursement of resources. The question of outstanding disaster management funding should be resolved within three months. 2 After completion of the report of the commission dealing with traditional leadership, the committee must be briefed on the commissions' findings. 3 The role and effectiveness of the CRL Commission, and its funding, must be reviewed. 4 The matter of Kwanaloga's relationship with SALGA should be resolved by September 2011. 5 Debts owed to municipalities by government should be paid in the first year of the new councils' existence. New councils should sort out the billing systems, etc., and a progress report should be submitted to the committee by October 2011. 6 The monitoring and supervision of infrastructure rolled out must be monitored more robustly and on a regular basis. Proactive planning on where people should reside when moving from rural areas to cities must be done. Areas identified must be people sensitive.
Report of the Select Committee on Land and Environmental Affairs on the International study tour to the Republic of India, dated 7 June 2011 1.
The Select Committee on Land and Environmental Affairs undertook an International Study Tour to India from 12 - 21 February 2011. The delegation consisted of the following members of Parliament, Ms AND Qikani (Chairperson, ANC), Mr GG Mokgoro (Committee Whip, ANC), Ms BP Mabe (ANC), Mr DA Worth (DA), Mr O De Beer (COPE) and Mr M Makhubela (COPE) as well as Parliamentary support staff, Mr AA Bawa (Committee Secretary) and Ms D Pillay (Content Adviser).
The aim and objective of the visit was to meet with the relevant government Departments responsible for addressing the issue of climate change, rural development, and food security with an emphasis on rural communities.
The Committee wished to observe how a developing country like India is balancing economic development with sustainable development to ensure a better life for all their citizens. The emphasis on using agriculture to reduce poverty and ensure food security whilst developing the rural economy was also discussed. The Committee also held discussions with the relevant authorities around the Implementation of the Mahatma Gandhi National Rural Employment Guarantee Act.
The visit to India was undertaken in two stages, with the first stage occurring in New Delhi where the delegation was invited to attend a parliamentary meeting by the Standing Committee on Rural Development. The Delegation together with officials of the South African High Commission met briefly with the Chief Minister of Rural Development and Secretary of State for Rural Development.
Other stakeholders that the delegation interacted with were the Secretary General of the Afro - Asian Rural Development Organisation (AARDO) and officials, who gave the Committee a briefing on the organization, its activities, collaborative partnerships and projects..
The second stage of the trip was undertaken in the city of Hyderabad, in Andra Pradesh State, where the committee met with officials and visited projects of the National Institute of Rural Development (NIRD), the National Academy of Agriculture Research Management (NAARM) and the Swamy Ramananda Tirtha Rural Institute.
The delegation also visited the Rural Technology Park at the NIRD campus, where examples of different rural technologies for renewable energy, water recycling and recycled waste products were specifically showcased for use in rural areas.
During this meeting the Chairperson of the Standing Committee briefly explained the structure of the Indian Parliament stating that it comprises of two houses, the Rajah Sabah and Loch Sabah. The Standing Committee was constituted from members from various parties and the primary function of the committee was to scrutinize budgets, oversee programmes and projects pertaining to their portfolio and advise the Indian Parliament accordingly.
The Chairperson of the Select Committee on Land and Environmental Affairs gave a brief presentation on the objective of the visit of the South African parliamentary committee and the role of the National Council of Provinces in the South African context.
The two Committees exchanged views on the empowerment of indivuals living in rural areas; land claims issues and the dissemination of information in light of the many languages spoken in India. The delegation was told of how the Mahatma Gandhi National Rural Employment Guarantee Act guarantees an individual 100 days of work and that it has proven to be a huge success in rural areas of India (e.g. in Narida region). The committee also stated that many other projects are currently under way in this region, such as a rural road works programme and a water purification projects.
It was the opinion of both Committees that a closer working relationship should be established between the two countries and other countries such as Brazil, where knowledge can be shared and transferred.
The delegation met with the Secretary General of AARDO, Dr Abdalla Yahia Adam who briefed the Committee on the organisation and its mandate and achievements.
Dr A Y Adam further explained that the organisation was formed in 1962 as an autonomous inter-governmental organisation comprising of thirty member countries from Africa and Asia. The mandate of the organisation is to address both agricultural and rural development, by ensuing that development of member countries as a main goal was achieved.
The organization functions to facilitate agricultural and rural development in African and Asian member countries by providing the funding to promote these projects.
The delegation raised issues around monitoring and evaluation mechanisms of the projects and management of the funding allocated to the projects as well the criteria used for selection of projects.
It was further noted that the main objective of AARDO is (i) to act as a catalyst in the Afro - Asian region for promoting social change and develop cooperation amongst member countries; (ii) provided assistance in evolving an integrated approach which is conceived to be the crucial pre-requisite in rural settings of Asia and Africa; (iii) to facilitate exchange of propositions which have proved successful in the field of rural development and the flow of technical assistance amongst member countries; (iv) to provide direction and take up relevant pilot work to demonstrate the feasibility of selected propositions.
serve as a clearinghouse and data bank for communication and information on agriculture and rural development and promote dissemination of such information through multimedia approach; and pursue environmental and climatic changes in the context of rural development.
During the delegations interactions with the Minister, Mr Pradeep Jain Aditya, issues pertaining to projects currently being run by the government to address the issue of rural development and specifically the national rural development employment guarantee scheme were discussed.
what types of unskilled work qualifies under the scheme (ii) is the programme sustainable in the long run (iii) what happens once the worker has completed the allocated 100 days (iv) what is being done to stop the migration of people from the rural areas to urban areas (v) what is being offered in terms skills development to the rural communities, (vi) was genetically modified(GM) crops grown in India and what was the government's view on the use of GM crops for food security?
B.K Sinha stated that sustainable agriculture was the main focus of the governments plan. Sustainable agriculture also looked at more organic and environmentally friendly ways of farming. The government has also started to introduce technology and more effective and efficient farming methods in rural areas in an attempt to prove that one does not have to migrate to urban areas in order to provide for one's family.
To further address the issue of rural development and sustainable agriculture the government guaranteed 100 days work under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), which could be extended to a further 100 days according to the availability of work in a particular area.
The aim of the programme was to show rural farmers that farming can become profitable if done properly, such as by employing proper irrigation methods compared to "flooding" when growing rice crops, for example. This way water can be used sparingly and so that others may also benefit from the scarce commodity. By using these new techniques and the MGNREGA, the local communities benefit from technology transfer whilst creating jobs for the unemployed.
According to the information presented the MGNREGA scheme provides a safety net for the rural poor and has, since it's implementation been well received in many rural communities. This programme is also demand driven but can be accessed by all unemployed persons wanting to participate and is implemented by the local authorites. People living below the poverty line are targeted and skills are imparted according to the needs of the area.
The programme has produced laborers that can now work in commercial farms, following the skills gained during the programme.
In response to the question concerning the use of Genetically Modified Organisms (GMO's), the Ministry stated that they were not for or against the use of GMO's as their preliminary research was as yet inconclusive. However, for now, only traditional seeds are used and supplied to farmers in rural areas.
The delegation was met by the Director - General (DG) of the institution, Mr M C Kunnumkal who facilitated introductions and welcomed the delegation. Mr Kunnumkal proceeded to give the delegation a brief background of the institution by means of a short film followed by a verbal presentation.
Mr M C Kunnumkal conveyed that the primary aim of the NRID was to examine and analyse the factors contributing to the improvement of economic and social well-being of people in rural areas on a sustainable basis with focus on the rural poor and the other disadvantaged groups. The institution is primarily responsible for undertaking training, research, action research and consultancy assignments in the rural development sector in India, acting as an autonomous organization supported by the Ministry of Rural Development and Government of India. The NIRD attempts to facilitate rural development through various governmental and nongovernmental initiatives.
The Institute is located in the rural surroundings of Rajendranagar, in the city of Hyderabad in Andhra Pradesh state. The NIRD is governed by a General Council headed by the Union Minister for Rural Development, with an eleven-member Executive Council appointed to oversee the implementation of policies. The institution also has an academic committee comprising of experts that assist with planning, training and research programs.
The DG then made a presentation to the delegation elaborating on the mandate of the Institute. The vision of NIRD is to focus on the policies and programmes that benefit the rural poor, strive to energize the democratic decentralization process, improve the operational efficiency of rural development personnel and promote transfer of technology through its social laboratories and Technology Park whilst creating environmental awareness.
The mission of NIRD is to examine and analyse the factors contributing to the improvement of economic and social well-being of people in rural areas on a sustainable basis with focus on the rural poor and the other disadvantaged groups through research, action research and consultancy efforts.
The main objective of NIRD is to organise training programmes, conferences, seminars and workshops for senior development executives; (2) undertake, aid, promote and coordinate research on it's own or through other agencies; (3) analyze and find solutions to problems encountered in planning and implementation of the programmes for rural development, decentralized governance or panchayati raj1 , and related issues; and (4) disseminate information through periodicals, reports and other publications in furtherance of the basic objectives of the Institute.
The DG and each of the division heads then facilitated a discussion session with the members of the delegation,.
As part of the visit to the Institution the delegation undertook a field visit to the Rural Technology Park situated on the campus at the NRID. The techno-park was established in 1999, in an area spanning 65 acres . The intention of the park was to be an instrument for the transfer of technologies to neighboring villages and foreign countries. The approach used was to illustrate and disseminate the information pertaining to appropriate and affordable technologies available to the rural population in a practical manner.
The transfer of technology takes place through the assistance of self help groups, individuals visiting the park on behalf of other rural villages, consultants from the institution visiting rural communities and visiting delegations who take back to their respective countries knowledge gained from visiting the park. Technologies used at the park include rural sanitation models; water harvesting for hot humid terrain; solar energy harvesting and usage.
The park also boasts a number of rural enterprises and business ventures such as recycled hand made paper; dyeing using natural products; honey processing; bio technology; as well as garment and pattern making.
1 Panchayati Raj is a system of governance used in India, in which gram panchayats are the basic units of administration. It has 3 levels: village, block and district levels and governance structures are more consultative because the communities are involved at all levels.
The delegation was met by the Director of the institution, Dr PK Joshi who introduced the delegation to officials from the institution. Dr Joshi gave the delegation a brief background of the institution and the aims and objectives of the institution.
The institution was established by the Indian Council of Agricultural Research (ICAR) at Hyderabad, in 1976, to address issues related to agricultural research and education management. During the initial years, the primary function of the academy was to train new officials from the Agricultural Research Service of ICAR.
3.2.3., This role later diversified to include research, capacity building of professionals in agricultural research, education management, as well as policy and consultancy support to research institutions. Recently the Academy has set up post graduate education programmes and an Agribusiness Knowledge Centre. The scope of functions of the institution has been further enhanced with the introduction of tailor-made training programmes for international developing countries, such Asia, Africa and Latin America.
forge and strengthen partnerships, linkages and networking at regional, national and global levels; and take up other related activities for fulfilling the mandate.
Most academics that complete their Masters Degrees and wish to continue their studies in the field of agricultural research approach the National Academy of Agricultural Research Management to further training. The institution has to dated trained approximately 30 000 individuals and has extended an offer to award scholarships to students from South Africa.
During the discussions with the delegation, the members once again raided the issue of GM crops and Dr Joshi re-iterated that the institution was not totally apposed to the use of GMO;s as they have already used this in cotton crops, with resounding success. They are also looking at using GMO's in other crops, but have been asked by the Indian government to hold off using GMO's in anything other than cotton harvesting as the GMO tests have proven to be inconclusive thus far.
The delegation was welcomed by the Chairman of the institution, Dr MS Reddy who introduced the officials present. The Chairperson, Mrs Qikani, then made a presentation on the objective of the study tour and raised issues for discussion between the delegation and the officials of the Institute.
The primary role of the institute was to create an appropriate platform for pro-active rural development in the region which was started in 1995. Today, the institute is one of the leading institutions in India working for rural empowerment through suitable educational and vocational training initiatives.
The philosophy of the Institute is based on an approach where rural people are provided with access to skills in the latest sustainable technologies using improved tools and equipment for enhanced productivity and quality dimensions. Special emphasis was put on capacity building and income generating of the underprivileged, women, unemployed youth, and other vulnerable sections of the rural community.
The primary focus is to make use of technology that is sustainable and rurally friendly so as to enable the rural poor to earn sustainable incomes and lead quality of life, thus installing confidence in rural communities to embark on even bigger sustainable projects. The institute aspires to fulfilling the dream or if one can say the wishes of Mahatma Gandhi's, of making rural India the focal point of holistic development.
play an pro-active role for the cause of Rural Development and Rural Transformation following the Gandhian principles and Bhoodan Movement to promote the principles of equality, social justice and integrated rural development.
provide skill advancement and skill refinement training to rural youth and women for improved living standards; and focus on entrepreneurship for self - employment promotion in rural areas.
The delegation then visited the training centre and viewed the various training programmes that were being run at the Institute.
The Committee met with Mr Raidu who made a presentation on the organisations mandate and function. The Society for Elimination of Rural Poverty (SERP) is an autonomous society, run under the Department of Rural Development, Government of Andhra Pradesh and is chaired by the Chief Minister as the ex-officio Chairman of the General Body (GB).
The SERP has broad representation from key stakeholders, government and NGOs. The GB consists of twenty-five members, with five ex-officio government officials and 20 representing leading agencies and individuals contributing to rural development, community mobilization and poverty alleviation.
improve household food and nutritional security; by providing livelihoods to the landless poor through land lease and shops ; the enhancement of natural resource base; and feminization of agriculture and rural livelihoods.
Mr Raidu further explained that the success of the society depended on key elements such as the management by women's organizations; "decentralized extension system", being accountable to grassroots women's organizations; exploiting locally available natural resources; reducing the cost of cultivation without compromising on yields; radical soil/moisture conservation; biodiversity and poly cropping; unique collaboration between womens organizations, farmers, N.G. Os, and government; knowledge sharing with emerging farmers; intervention prioritiesn and decision making by farmers, not by the board of the society; Infrastructure support for reducing drudgery; and the combination of traditional wisdom together with cutting edge technologies.
Mr Raidu stated that the aim of the society was the expansion of the programme and knowledge base of the local inhabitants, with the piloting of food security programmes in twenty more rural villages. The society wants to encourage rural villages to explore carbon credits, whereby they would then form partnerships with companies. Also the marketing and development of organic and pesticide free agriculture commodities is another avenue to be explored.
The Department of Rural Development should consider conducting a feasibility study on the establishment of a Technology Demonstration Park, where rural technologies can be used to train communities in a practical manner.
The Committee should investigate further the impact of the Mahatma Gandhi National Rural Employment Guarantee Act and evaluate the application of the scheme in the South African context.
The Committee should commission a comparative analysis of the Comprehensive Rural Development Programme models used in South Africa and India.
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Policy Debate on Budget Vote No 15: Basic Education, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
2010 (National Assembly - sec 76(1)) and of Report of Select Committee on Public Services thereon (Announcements, Tablings and Committee Reports, 19 April 2011, p 1388).
Consideration of Report of Select Committee on Finance (Announcements, Tablings and Committee Reports, 9 March 2011, p 628 -Protocol between Government of RSA and Government of United Kingdom of Great Britain and Northern Ireland to amend Convention for Avoidance of Double Taxation and Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains).
Consideration of Report of Select Committee on Finance (Announcements, Tablings and Committee Reports, 9 March 2011, p 628 -Agreement between Government of RSA and Government of Republic of Kenya for Avoidance of Double Taxation and Prevention of Fiscal Evasion with respect to Taxes on Income).
Consideration of Immigration Amendment Bill [B 32B - 2010] (National Assembly - sec 75) and of Report of Select Committee on Social Services thereon (Announcements, Tablings and Committee Reports, 19 April 2011, p 1386).
Consideration of Report of Select Committee on Appropriations (Announcements, Tablings and Committee Reports, 10 March 2011, p 773 - First Quarter Spending Patterns on Hospital Revitalisation Grant).
Consideration of Report of the Select Committee on Security and Constitutional Development (Announcements, Tablings and Committee Reports, 2 March 2011, p 504 - Proclamations made in terms of section 25 of Protection of Constitutional Democracy Against Terrorist and Related Activities Act).
Consideration of Report of the Select Committee on Security and Constitutional Development (Announcements, Tablings and Committee Reports, 2 March 2011, p 505 - Practical Guidelines for Employees, submitted in terms of section 10 (4)(a) of Protected Disclosures Act).
acknowledges that this power tug-of-war faction fighting will pave the way that an opposition coalition will sooner, rather than later, be in power in the majority of provinces and in South Africa.
debates the lack of political will by the Ruling Party to act against its own.
takes this opportunity to welcome the political remarks of the President and calls on the people of the Western Cape to rally behind the ANC and its deployed candidates to take back the City of Cape Town.
takes this opportunity to call on leaders and representatives of the City of Johannesburg and Samwu to ensure that this strike action is resolved.
therefore requests that the national minister immediately makes a personal exigency intervention for immediate delivery as we were told at an exhibition of the Department of Basic Education last week, prior to the Department's budget vote, that books are available and that we must just provide the names of the schools.
requests more intensive sex education programmes in schools to alleviate this growing time bomb of teen pregnancies.
takes this opportunity to use this memorable mission to further motivate mankind and the nations of the world to explore opportunities to establish colonies on other life-bearing planets.
agrees that while economic development and in particular the promotion and strengthening of the film industry as a stimulant for economic growth and job creation be supported, that the Council rejects and condemns with utter dismay the insensitive, irresponsible and inconsiderate behaviour of the City of Cape Town under control of the DA.
therefore congratulates the Hon Helen Zille, the Hon Patricia De Lille and all DA leadership and members for turning South Africa away from the brink of collapse.
See also: Mr S S Mazosiwe, Mr D B Feldman (p 10); Mr K A Sinclair, Mr S H Plaatjie, Mr H B Groenewald (p 11); Mr S S Mazosiwe, Mr M J R de Villiers (p 12); Mr R A Lees, Mr C J de Beer (p 13); Mr A Watson, Mr M P Jacobs, Ms E C van Lingen (p 14); Mr Z Mlenzana (p 15); Mr F Adams (p 23); Mr K A Sinclair, Mr W F Faber, Mr D V Bloem (p 24); Mr M P Sibande (p 25); Mr M W Makhubela, Mr S S Mazosiwe, Mr D A Worth (p 26); Mr Z Mlenzana, Ms M G Boroto; (p 27); Mr A G Matila, Mr H B Groenewald (p 28); Mr M J R de Villiers, Mr F Adams (p 54); Mr T A Mashamaite, Mr T D Beyleveldt (p 55); Mr M J R de Villiers, Mr M W Makhubela, Mr H B Groenewald (p 56); Mr C J de Beer, Mr D V Bloem (p 57); Mr S H Plaatjie, Mr O de Beer, Ms E C van Lingen (p 58); Ms M W Makgate (p 59); Ms E C van Lingen (p 60); Mr D V Bloem (p 68); Mr M J R de Villiers, Mr S H Plaatjie (p 69); Mr O de Beer, Mr K A Sinclair, Mr M P Sibande (p 70); Prince M M M Zulu, Mr M H Mokgobi, Mr M W Makhubela (p 71); Mr D B Feldman, Ms B L Abrahams, Ms B V Mncube (p 72); Mr W F Faber (p 73); Mr M W Makhubela, Mr D V Bloem, Mr D A Worth (p 91); Mr O de Beer, Ms E C van Lingen (p 92); Chief Whip of Council, Mr R A Lees (p 93); Mr S S Mazosiwe, Mr A J Nyambi (p 94); Mr D V Bloem, Mr K A Sinclair, Ms R M Rasmeni (p 104); Chief Whip of Council, Mr S H Plaatjie (p 105); Mr M J R de Villiers, Mr D B Feldman (p 106); Mr H B Groenewald (p 107); Mr D V Bloem (p 114); Mr M H Mokgobi, Mr A J Nyambi (p 115); Mr S H Plaatjie, Mr K A Sinclair (p 116); Mr A G Matila, Mr D V Bloem (p 117); Mr L P M Nzimande, Mr S S Mazosiwe (p 118).
Traditional Courts Bill [B 15 - 2008] (National Assembly - sec 76(1)) (Portfolio Committee on Justice and Constitutional Development - National Assembly).
Constitution Seventeenth Amendment Bill [B 8 - 2009] (National Assembly - sec 74) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
State Liability Amendment Bill [B 2 - 2011] (National Assembly - sec 75) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
Appropriation Bill [B 3 - 2011] (National Assembly - sec 77) - (Select Committee on Appropriations - National Council of Provinces).
Sectional Titles Schemes Management Bill [B 20B - 2010] (National Assembly - sec 76(1)).
Community Schemes Ombud Service Bill [B 21B - 2010] (National Assembly - sec 76(1)).
Protocol between the Government of the Republic of South Africa and the Government of the United Kingdom of Great Britain and Northern Ireland to amend the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains (Tabled on 1 February 2011) (NA: Referred to Standing Committee on Finance on 23 February 2011 - reported on 28 February 2011 - approved on 22 March 2011) (NCOP: Referred to Select Committee on Finance and the Select Committee on Appropriations on 15 February 2011 - reported on 9 March 2011).
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Kenya for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (Tabled on 1 February 2011) (NA: Referred to Standing Committee on Finance on 23 February 2011 - reported on 28 February 2011 - approved on 22 March 2011) (NCOP: Referred to Select Committee on Finance and the Select Committee on Appropriations on 15 February 2011- reported on 9 March 2011).
Agreement between the Government of the Republic of South Africa and the Islamic Republican of Iran on Mutual Legal Assitance in Criminal Matters (Tabled on 13 April 2011).
(Tabled on 13 April 2011).
Agreement on the establishment of the African Tax Administration Forum (Tabled on 14 April 2011).
Southern African Development Community (SADC) Protocol on Gender and Development (Tabled on 5 May 2011).
<fn>GOV-ZA.3475121En.2012-02-10.en.txt</fn>
Policy Debate on Budget Vote No 35: Tourism, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Policy Debate on Budget Vote No 25: Police, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
extends its profound appreciation to the communities, party agents, candidates and volunteers across South Africa who worked tirelessly to ensure that the ANC continues to lead the agenda to change the lives of our people and bring development in their communities that have been ravaged by long years of apartheid neglect and racial segregation.
condemns in the harshest possible terms any attempt by the DA to waste tax payers' monies to contest the delivery of open toilets to our people as a waste and a clear utter disregard and wasteful expenditure by the DA.
thanks all the voters who voted.
Draft resolution (Mr. M W Makhubela): That the Council -
further questions what role communities should play when requesting police investigation in their localities.
Draft resolution (Mr. S H Plaatjie): That the Council -
acknowledges the need for the ANC especially President Zuma to resolve this burning issue as he has promised with the urgency that it deserves.
Draft resolution (Mr. K A Sinclair): That the Council -
congratulates COPE and the DA for making such great advances in the communities of the Northern Cape.
Draft resolution (Mr. D V Bloem): That the Council -
acknowledges that in the face of great adversity and with limited resources, COPE was still able to run a successful campaign across all 9 provinces and in almost all municipalities and showed the rest of South Africa that it will be a force to be reckoned with come 2014.
the DA is South Africa's most diverse party, South Africa's only growing party and South Africa's best party for service delivery in government.
acknowledges the importance of each political party taking decisive disciplinary action against their members who act in gross violation of our Constitutional order and who take it upon themselves to incite hatred, fear, and violence as Mr Faku did in the Nelson Mandela Bay Metro.
notes that the African National Congress (ANC) won a decisive majority of 73.
takes this opportunity to congratulate the people of the Eastern Cape Province for rising to the call to defend the gains made in dismantling the legacy of apartheid in our communities by ensuring that the ANC leads the task of bringing development to our communities and dismantling.
notes that African National Congress (ANC) won the Nkandla's Ward 14 with 53.9% of the vote (1 219 votes) followed by the National Freedom Party, which received 29.73% of the vote (673 votes) and the Inkatha Freedom Party (IFP) with only 16.
takes this opportunity to congratulate the people of Inkandla, the ANC leadership in ward 41 and the volunteers for showing trust in the ANC's commitment to bring development in their area.
Draft resolution (Mr. D B Feldman): That the Council debates -
whether or not to ask the Judicial Services Commission to draw the line and set an example and to send a clear message to Public Servants that any discretion on their part will have serious consequences, financial consequences being one of them.
takes this opportunity to condemn in the harshest possible terms the abuse of our people by a party that exploit the conditions facing our people by promising positions, food parcels and houses when they vote for the DA and only to ill treat them and subject them to repulsive racial slurs and bigoted treatment.
takes this is an opportunity to congratulate all the candidates, volunteers and communities who worked tirelessly to ensure that the ANC wins the municipality.
further calls on the National Police Commissioner Bheki Cele to desist from instigating members of the SAPS to deal violently with members of the public and in particular to desist from using his "Shoot to Kill" instruction to members of the SAPS.
concludes that the results in the Cape Town and Nelson Mandela Bay Metropolitans are indicative that the DA was mainly strengthened by COPE supporters who have defected to the DA and the large majority of their undecided voters and the ID, who has been swallowed, who in time will realise that only the ANC is committed to bringing change in our communities, especially in the Coloured and Indian areas that have been neglected by the DA.
See also: Mr S S Mazosiwe, Mr D B Feldman (p 10); Mr K A Sinclair, Mr S H Plaatjie, Mr H B Groenewald (p 11); Mr S S Mazosiwe, Mr M J R de Villiers (p 12); Mr R A Lees, Mr C J de Beer (p 13); Mr A Watson, Mr M P Jacobs, Ms E C van Lingen (p 14); Mr Z Mlenzana (p 15); Mr F Adams (p 23); Mr K A Sinclair, Mr W F Faber, Mr D V Bloem (p 24); Mr M P Sibande (p 25); Mr M W Makhubela, Mr S S Mazosiwe, Mr D A Worth (p 26); Mr Z Mlenzana, Ms M G Boroto; (p 27); Mr A G Matila, Mr H B Groenewald (p 28); Mr M J R de Villiers, Mr F Adams (p 54); Mr T A Mashamaite, Mr T D Beyleveldt (p 55); Mr M J R de Villiers, Mr M W Makhubela, Mr H B Groenewald (p 56); Mr C J de Beer, Mr D V Bloem (p 57); Mr S H Plaatjie, Mr O de Beer, Ms E C van Lingen (p 58); Ms M W Makgate (p 59); Ms E C van Lingen (p 60); Mr D V Bloem (p 68); Mr M J R de Villiers, Mr S H Plaatjie (p 69); Mr O de Beer, Mr K A Sinclair, Mr M P Sibande (p 70); Prince M M M Zulu, Mr M H Mokgobi, Mr M W Makhubela (p 71); Mr D B Feldman, Ms B L Abrahams, Ms B V Mncube (p 72); Mr W F Faber (p 73); Mr M W Makhubela, Mr D V Bloem, Mr D A Worth (p 91); Mr O de Beer, Ms E C van Lingen (p 92); Chief Whip of Council, Mr R A Lees (p 93); Mr S S Mazosiwe, Mr A J Nyambi (p 94); Mr D V Bloem, Mr K A Sinclair, Ms R M Rasmeni (p 104); Chief Whip of Council, Mr S H Plaatjie (p 105); Mr M J R de Villiers, Mr D B Feldman (p 106); Mr H B Groenewald (p 107); Mr D V Bloem (p 114); Mr M H Mokgobi, Mr A J Nyambi (p 115); Mr S H Plaatjie, Mr K A Sinclair (p 116); Mr A G Matila, Mr D V Bloem (p 117); Mr L P M Nzimande, Mr S S Mazosiwe (p 118); Mr K Sinclair, Mr D B Feldman (p 138); Chief Whip of Council, Ms B V Mncube, Ms E C van Lingen (p 139); Mr H B Groenewald, Mr K A Sinclair (p 140); Mr F Adams, Mr R A Lees (p 141).
Protocol between the Government of the Republic of South Africa and the Government of the United Kingdom of Great Britain and Northern Ireland to amend the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Capital Gains (Tabled on 1 February 2011) (NA: Referred to Standing Committee on Finance on 23 February 2011 - reported on 28 February 2011 - approved on 22 March 2011) (NCOP: Referred to Select Committee on Finance and the Select Committee on Appropriations on 15 February 2011 - reported on 9 March 2011 - approved on 24 May 2011).
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Kenya for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income (Tabled on 1 February 2011) (NA: Referred to Standing Committee on Finance on 23 February 2011 - reported on 28 February 2011 - approved on 22 March 2011) (NCOP: Referred to Select Committee on Finance and the Select Committee on Appropriations on 15 February 2011- reported on 9 March 2011 - approved on 24 May 2011).
<fn>GOV-ZA.3475441En.2012-02-10.en.txt</fn>
Policy Debate on Budget Vote No 20: Sport and Recreation, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
2011 (National Assembly - sec 77).
recognises the failure of the government to clearly demarcate the boundary between SAPS and Metro Police over cases.
11DC184 2.
therefore requests that the national minister immediately intervene to ensure that all reports since 2006 of every investigation ever commissioned affecting the Eastern Cape Province and its local governments, must be made public with immediate effect and that proper measures are instituted against the perpetrators.
acknowledges the need for more vigorous oversight both by government and the Treasury to ensure that service delivery receives the highest priority and receives the biggest slice of the budget.
realises that based on the price of a low cost house at R54 000 the R313 million could have build 5 700 houses or have been used to complete scores of unfinished houses in the province. What a poor show - "sies Vrystaat!".
adds its voice and appeal to those who still hold the faint hope that this flagging party will make it to 2014 to wake up and smell the coffee and the see the cream that is being systematically exploited by cronies of their court appointed leader.
takes this opportunity to extend its profound appreciation to the people Mpumalanga for voting the ANC and the hundreds of volunteers, candidates and officials for their dedication and sacrifices to tirelessly long hours to ensure victory for the ANC!
acknowledges the necessity for a truly transparent, competitive and merit-based elections process without the "voting quota practice" now in place.
See also: Mr S S Mazosiwe, Mr D B Feldman (p 10); Mr K A Sinclair, Mr S H Plaatjie, Mr H B Groenewald (p 11); Mr S S Mazosiwe, Mr M J R de Villiers (p 12); Mr R A Lees, Mr C J de Beer (p 13); Mr A Watson, Mr M P Jacobs, Ms E C van Lingen (p 14); Mr Z Mlenzana (p 15); Mr F Adams (p 23); Mr K A Sinclair, Mr W F Faber, Mr D V Bloem (p 24); Mr M P Sibande (p 25); Mr M W Makhubela, Mr S S Mazosiwe, Mr D A Worth (p 26); Mr Z Mlenzana, Ms M G Boroto; (p 27); Mr A G Matila, Mr H B Groenewald (p 28); Mr M J R de Villiers, Mr F Adams (p 54); Mr T A Mashamaite, Mr T D Beyleveldt (p 55); Mr M J R de Villiers, Mr M W Makhubela, Mr H B Groenewald (p 56); Mr C J de Beer, Mr D V Bloem (p 57); Mr S H Plaatjie, Mr O de Beer, Ms E C van Lingen (p 58); Ms M W Makgate (p 59); Ms E C van Lingen (p 60); Mr D V Bloem (p 68); Mr M J R de Villiers, Mr S H Plaatjie (p 69); Mr O de Beer, Mr K A Sinclair, Mr M P Sibande (p 70); Prince M M M Zulu, Mr M H Mokgobi, Mr M W Makhubela (p 71); Mr D B Feldman, Ms B L Abrahams, Ms B V Mncube (p 72); Mr W F Faber (p 73); Mr M W Makhubela, Mr D V Bloem, Mr D A Worth (p 91); Mr O de Beer, Ms E C van Lingen (p 92); Chief Whip of Council, Mr R A Lees (p 93); Mr S S Mazosiwe, Mr A J Nyambi (p 94); Mr D V Bloem, Mr K A Sinclair, Ms R M Rasmeni (p 104); Chief Whip of Council, Mr S H Plaatjie (p 105); Mr M J R de Villiers, Mr D B Feldman (p 106); Mr H B Groenewald (p 107); Mr D V Bloem (p 114); Mr M H Mokgobi, Mr A J Nyambi (p 115); Mr S H Plaatjie, Mr K A Sinclair (p 116); Mr A G Matila, Mr D V Bloem (p 117); Mr L P M Nzimande, Mr S S Mazosiwe (p 118); Mr K Sinclair, Mr D B Feldman (p 138); Chief Whip of Council, Ms B V Mncube, Ms E C van Lingen (p 139); Mr H B Groenewald, Mr K A Sinclair (p 140); Mr F Adams, Mr R A Lees (p 141); Chief Whip of Council (p 149); Mr F Adams (p 150); Mr T D Beyleveldt, Mr M W Makhubela (p 151); Mr S H Plaatjie, Mr K A Sinclair, Mr D V Bloem (p 152); Mr A Watson, Mr Z Mlenzana (p 153); Ms D Z Rantho, Mr D D Gamede (p 154); Mr D B Feldman, Mr A G Matila, Mr G G Mokgoro (p 155); Mr R A Lees, Mr M P Jacobs (p 156).
Legislative proposal to prohibit contracting between an organ of state in the national sphere of government and companies whose directors are party-political office-bearers or public representatives, or whose shareholders are party-political officer-bearers or public representatives or political parties (Mr I O Davidson) - (Committee on Private Members' Legislative Proposals and Special Petitions - National Assembly).
Protection from Harassment Bill [B 1 - 2010] (National Assembly - sec 75) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
Convention on Cybercrime (Tabled on 14 February 2011) (NA: Referred to Portfolio Committee on Justice and Constitutional Development on 23 February 2011) (NCOP: Referred to Select Committee on Security and Constitutional Development on 18 April 2011).
<fn>GOV-ZA.3475451En.2012-02-10.en.txt</fn>
Policy Debate on Budget Vote No 16: Health, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Policy Debate on Budget Vote No 7: Public Works, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Debate on Youth Day. Parliament in Action: Advancing youth development to break the cycle of generational poverty and unemployment.
Consideration of Report of Select Committee on Land and Environmental Affairs (Announcements, Tablings and Committee Reports, 10 June 2011, p 2079 - International study tour to Republic of India).
takes this opportunity to appeal to the few members of cope left and who still brandish themselves as Cope members and leaders to come back to the ANC where they belong and avoid the petty little squabbles between their two presidents.
takes this opportunity to call on the Ministers of Public Enterprises and of Cooperative Governance and Traditional Affairs to work with provinces to undertake an audit of state land that could be used for the building of houses for our people and create a national dialogue for partnerships to respond to the housing shortages facing our country.
notes with serious concern reports that suggest that the Department of Safety and Security is facing claims for damages amounting to R6.
takes this opportunity to call on the Minister of Police to investigate the concerns of the sudden surge of cases of police brutality in our country.
further calls on the MEC to personally intervene in the situation, remembering that this municipality has just come out of an administration period for more than 2 years and so that this council can start the new term on the moral high road.
therefore congratulates the DA-governed municipalities for delivering services to all the people with sound, sustainable financial management and for setting the example and standards of service delivery in local governance to the ANC.
See also: Mr S S Mazosiwe, Mr D B Feldman (p 10); Mr K A Sinclair, Mr S H Plaatjie, Mr H B Groenewald (p 11); Mr S S Mazosiwe, Mr M J R de Villiers (p 12); Mr R A Lees, Mr C J de Beer (p 13); Mr A Watson, Mr M P Jacobs, Ms E C van Lingen (p 14); Mr Z Mlenzana (p 15); Mr F Adams (p 23); Mr K A Sinclair, Mr W F Faber, Mr D V Bloem (p 24); Mr M P Sibande (p 25); Mr M W Makhubela, Mr S S Mazosiwe, Mr D A Worth (p 26); Mr Z Mlenzana, Ms M G Boroto; (p 27); Mr A G Matila, Mr H B Groenewald (p 28); Mr M J R de Villiers, Mr F Adams (p 54); Mr T A Mashamaite, Mr T D Beyleveldt (p 55); Mr M J R de Villiers, Mr M W Makhubela, Mr H B Groenewald (p 56); Mr C J de Beer, Mr D V Bloem (p 57); Mr S H Plaatjie, Mr O de Beer, Ms E C van Lingen (p 58); Ms M W Makgate (p 59); Ms E C van Lingen (p 60); Mr D V Bloem (p 68); Mr M J R de Villiers, Mr S H Plaatjie (p 69); Mr O de Beer, Mr K A Sinclair, Mr M P Sibande (p 70); Prince M M M Zulu, Mr M H Mokgobi, Mr M W Makhubela (p 71); Mr D B Feldman, Ms B L Abrahams, Ms B V Mncube (p 72); Mr W F Faber (p 73); Mr M W Makhubela, Mr D V Bloem, Mr D A Worth (p 91); Mr O de Beer, Ms E C van Lingen (p 92); Chief Whip of Council, Mr R A Lees (p 93); Mr S S Mazosiwe, Mr A J Nyambi (p 94); Mr D V Bloem, Mr K A Sinclair, Ms R M Rasmeni (p 104); Chief Whip of Council, Mr S H Plaatjie (p 105); Mr M J R de Villiers, Mr D B Feldman (p 106); Mr H B Groenewald (p 107); Mr D V Bloem (p 114); Mr M H Mokgobi, Mr A J Nyambi (p 115); Mr S H Plaatjie, Mr K A Sinclair (p 116); Mr A G Matila, Mr D V Bloem (p 117); Mr L P M Nzimande, Mr S S Mazosiwe (p 118); Mr K Sinclair, Mr D B Feldman (p 138); Chief Whip of Council, Ms B V Mncube, Ms E C van Lingen (p 139); Mr H B Groenewald, Mr K A Sinclair (p 140); Mr F Adams, Mr R A Lees (p 141); Chief Whip of Council (p 149); Mr F Adams (p 150); Mr T D Beyleveldt, Mr M W Makhubela (p 151); Mr S H Plaatjie, Mr K A Sinclair, Mr D V Bloem (p 152); Mr A Watson, Mr Z Mlenzana (p 153); Ms D Z Rantho, Mr D D Gamede (p 154); Mr D B Feldman, Mr A G Matila, Mr G G Mokgoro (p 155); Mr R A Lees, Mr M P Jacobs (p 156); Mr D B Feldman, Ms E C van Lingen (p 164); Mr O De Beer, Mr D A Worth, Mr B A Mnguni (p 165); Ms M G Boroto (p 166); Mr K A Sinclair (p 167); Mr R A Lees (p 173); Mr F Adams, Ms D Z Rantho (p 174); Mr H B Groenewald, Mr D A Worth, Mr M W Makhubela (p 175); Mr S H Plaatjie, Ms E C van Lingen, Mr M C Maine (p 176); Mr D B Feldman, Mr M W Makhubela (p 191); Mr K A Sinclair, Mr H B Groenewald (p 192).
Constitution Eighteenth Amendment Bill [B 8 - 2011] (National Assembly - proposed sec 74(3)(b)).
Military Ombudsman Bill [B 9 - 2011] (National Assembly - proposed sec 75).
Constitution Eighteenth Amendment Bill [B 8 - 2011] (National Assembly - proposed sec 74(3)(b)) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
Military Ombudsman Bill [B 9 - 2011] (National Assembly - proposed sec 75) - (Portfolio Committee on Defence and Military Veterans - National Assembly).
<fn>GOV-ZA.3480051En.2012-02-10.en.txt</fn>
Aansoek om 'n sterfte aan te meld www.services.gov.
Note: *Special specifications and requirements regarding the processing of this form apply and it may therefore not be downloaded for use as an application or registration form. All forms are available at any regional or district office of the Department.
This bulletin is also available electronically on the following website address: http://finance.mpu.gov.
<fn>GOV-ZA.3480081En.2012-02-10.en.txt</fn>
Debate on Vote No 1 - The Presidency, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Consideration of Report of Portfolio Committee on Co-operative Governance and Traditional Affairs on Budget Vote No 3: Co-operative Governance and Traditional Affairs (Announcements, Tablings and Committee Reports, 10 June 2010, p 2060).
whether they have been properly drafted.
Constitution Seventeenth Amendment Bill [B 6 - 2011] (National Assembly - sec 74(3)(a)) - (Portfolio Committee on Justice and Constitutional Development -National Assembly).
Superior Courts Bill [B 7 - 2011] (National Assembly - sec 75) - (Portfolio Committee on Justice and Constitutional Development -National Assembly).
Military Ombudsman Bill [B 9 - 2011] (National Assembly - proposed sec 75) (Portfolio Committee on Defence and Military Veterans - National Assembly).
<fn>GOV-ZA.3480171En.2012-02-10.en.txt</fn>
Policy Debate on Budget Vote No 19: Social Development, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Policy Debate on Budget Vote No 31: Human Settlements, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Policy Debate on Budget Vote No 26: Agriculture, Forestry and Fisheries, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
See also: Mr S S Mazosiwe, Mr D B Feldman (p 10); Mr K A Sinclair, Mr S H Plaatjie, Mr H B Groenewald (p 11); Mr S S Mazosiwe, Mr M J R de Villiers (p 12); Mr R A Lees, Mr C J de Beer (p 13); Mr A Watson, Mr M P Jacobs, Ms E C van Lingen (p 14); Mr Z Mlenzana (p 15); Mr F Adams (p 23); Mr K A Sinclair, Mr W F Faber, Mr D V Bloem (p 24); Mr M P Sibande (p 25); Mr M W Makhubela, Mr S S Mazosiwe, Mr D A Worth (p 26); Mr Z Mlenzana, Ms M G Boroto; (p 27); Mr A G Matila, Mr H B Groenewald (p 28); Mr M J R de Villiers, Mr F Adams (p 54); Mr T A Mashamaite, Mr T D Beyleveldt (p 55); Mr M J R de Villiers, Mr M W Makhubela, Mr H B Groenewald (p 56); Mr C J de Beer, Mr D V Bloem (p 57); Mr S H Plaatjie, Mr O de Beer, Ms E C van Lingen (p 58); Ms M W Makgate (p 59); Ms E C van Lingen (p 60); Mr D V Bloem (p 68); Mr M J R de Villiers, Mr S H Plaatjie (p 69); Mr O de Beer, Mr K A Sinclair, Mr M P Sibande (p 70); Prince M M M Zulu, Mr M H Mokgobi, Mr M W Makhubela (p 71); Mr D B Feldman, Ms B L Abrahams, Ms B V Mncube (p 72); Mr W F Faber (p 73); Mr M W Makhubela, Mr D V Bloem, Mr D A Worth (p 91); Mr O de Beer, Ms E C van Lingen (p 92); Chief Whip of Council, Mr R A Lees (p 93); Mr S S Mazosiwe, Mr A J Nyambi (p 94); Mr D V Bloem, Mr K A Sinclair, Ms R M Rasmeni (p 104); Chief Whip of Council, Mr S H Plaatjie (p 105); Mr M J R de Villiers, Mr D B Feldman (p 106); Mr H B Groenewald (p 107); Mr D V Bloem (p 114); Mr M H Mokgobi, Mr A J Nyambi (p 115); Mr S H Plaatjie, Mr K A Sinclair (p 116); Mr A G Matila, Mr D V Bloem (p 117); Mr L P M Nzimande, Mr S S Mazosiwe (p 118); Mr K Sinclair, Mr D B Feldman (p 138); Chief Whip of Council, Ms B V Mncube, Ms E C van Lingen (p 139); Mr H B Groenewald, Mr K A Sinclair (p 140); Mr F Adams, Mr R A Lees (p 141); Chief Whip of Council (p 149); Mr F Adams (p 150); Mr T D Beyleveldt, Mr M W Makhubela (p 151); Mr S H Plaatjie, Mr K A Sinclair, Mr D V Bloem (p 152); Mr A Watson, Mr Z Mlenzana (p 153); Ms D Z Rantho, Mr D D Gamede (p 154); Mr D B Feldman, Mr A G Matila, Mr G G Mokgoro (p 155); Mr R A Lees, Mr M P Jacobs (p 156); Mr D B Feldman, Ms E C van Lingen (p 164); Mr O De Beer, Mr D A Worth, Mr B A Mnguni (p 165); Ms M G Boroto (p 166); Mr K A Sinclair (p 167); Mr R A Lees (p 173); Mr F Adams, Ms D Z Rantho (p 174); Mr H B Groenewald, Mr D A Worth, Mr M W Makhubela (p 175); Mr S H Plaatjie, Ms E C van Lingen, Mr M C Maine (p 176); Mr D B Feldman, Mr M W Makhubela (p 191); Mr K A Sinclair, Mr H B Groenewald (p 192); Mr F Adams (p 206); Ms B V Mncube, Mr T M H Mofokeng, Ms E C van Lingen (p 207); Ms E C van Lingen (p 208).
Implementation of the Geneva Conventions Bill [B 10 - 2011] (National Assembly - proposed sec 75).
Implementation of the Geneva Conventions Bill [B 10 - 2011] (National Assembly - proposed sec 75) - (Portfolio Committee on Defence and Military Veterans - National Assembly).
<fn>GOV-ZA.3480431En.2012-02-10.en.txt</fn>
Whether, with regard to the R9,3 billion project which was approved by Cabinet in 2008 for the Moloto Rail Corridor (details furnished), any progress has been made in this regard; if not, why not; if so, (a) what progress and (b) what are the further relevant details CW295?
Whether his department will disclose the details pertaining to the newly-issued loan of $365 million to Eskom by the Africa Development Bank to be used on green projects for electricity generation; if not, why not; if so, (a) how much of this loan will be diverted to the (i) Upington Sun Power project and (ii) Koekenaap Wind Farm project, (b) what are the terms of the loan, (c) what are the monthly repayments and (d) what are the further relevant details CW296?
Whether her department will implement a Resource Rent Tax (RRT) or similar form of taxation for mining companies; if not, what is the position in this regard; if so, what are the relevant details CW297?
Whether her department has commissioned research relating to the nationalisation of mining assets of South Africa; if not, what is the position in this regard; if so; (a) what does the research reveal with respect to the cost to the fiscus, (b) which departmental budgets will be affected in this regard, (c) what will be the cost to the country of foreign exchange when diverted to acquiring foreign-owned shares and (d) what implications will it have for international anti-nationalisation treaties CW298?
Whether the waste management license application of a certain company (name furnished) regarding the Vaal Waste Dumping site (details furnished) has been approved; if not, (a) why not, (b) what is the reason for the delay and (c) when will the applicant be informed of the outcome; if so, (i) when was it approved and (ii) what are the further relevant details CW300?
Whether the Mangaung Metro Municipality has been granted (a) a Restructuring Grant or (b) any other financial assistance in view of its existing financial problems (details furnished); if not, what is the position in this regard; if so, (i) what is the total monetary value of the grant and/or assistance provided and (ii) what are the terms and conditions of the grant and/or assistance given CW301?
What progress has been made regarding the devolution of housing delivery to local government in each province since its inception up to the latest specified date for which information is available and (b) what capacity strengthening support is provided to local government in order to speed up accreditation readiness for municipalities CW303?
What role (a) is the private sector expected to play in the delivery of an efficient, affordable and accessible integrated public transport network system in urban and rural areas and (b) will his department play to ensure affordability to accommodate the majority of end-users who are dependent on public transport without compromising access and quality service CW304?
INTERNAL QUESTION PAPER: NATIONAL COUNCIL OF PROVINCES NO 17â2011 186. Mr O de Beer (COPE-WC) (p 103)-Cooperative Governance and Traditional Affairs.
Mr D B Feldman (COPE-Gauteng) (p 111)-Minister in the Presidency. Performance Monitoring and Evaluation as well as Administration in the Presidency.
<fn>GOV-ZA.3480911En.2012-02-10.en.txt</fn>
Policy Debate on Budget Vote No 8: Women, Children and People with Disabilities, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Policy Debate on Budget Vote No 4: Home Affairs, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Policy Debate on Budget Vote No 2: Parliament, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Policy Debate on Budget Vote No 17: Higher Education, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Policy Debate on Budget Vote No 33: Rural Development and Land Reform, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Consideration of First Report of Joint Rules Committee, 2011 (Announcements, Tablings and Committee Reports, 17 June 2011, p 2122).
therefore calls upon the President to act harshly against any state entity who is clearly showing disrespect to the Office of the Public Protector.
also asks for the urgent investigation into the allegations that senior members (directors) of her department received overtime pay of ± R60 000 to R80 000 during the hosting of the FIFA World Cup.
recognizes the need for Parliamentary oversight within the Presidency in order to promote accountability and transparency.
therefore notes with appreciation that Mcebisi Skwatsha is now being removed as the Chairman of his party's Provincial Parliamentary Caucus allowing others who will be more focussed on delivery to take charge and provide true leadership.
encourages the ANC leader to take control of this irresponsible "kid" with all his irresponsible announcements and to take accountability of all.
that the ruling party is wasting away the future of our country and our children without any consequences.
<fn>GOV-ZA.3481221En.2012-02-10.en.txt</fn>
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS -see col 000.
That the House debates how to improve the representation of women in the judiciary.
That the House debates how municipal income grants are used and whether there are measures by which the use of a municipal infrastructure grant, Mig, can be improved.
That the House debates the establishment of a state-owned pharmaceutical company.
That the House debates the effect that leaks of matric exam papers have on the credibility of matric exams in some provinces and come up with solutions to eradicate leaks.
That the House debates the creation of a low-cost retirement fund.
acknowledges the responsibility of the Government to assist all South African citizens abroad who may be in distress; and urges the Department of International Relations and Co-operation to take the necessary steps to investigate not only the whereabouts of the couple but also to ensure their safe release and swift return to South Africa.
renew national and international commitment for the use of science to the benefit of societies; and draw attention to the challenges faced by science and raise support for scientific endeavour; and supports this initiative to draw attention to the ways in which science and technology can help to reduce poverty, protect the environment and improve the quality of life for all.
further notes that this success follows his winning Cricket South Africa's Player of the Year for 2010; and congratulates Hashim Amla on this wonderful achievement and wishes him the best of luck for the upcoming home series against India.
congratulates Dr Ngubane on receiving this prestigious Japanese award; and wishes him well in his future endeavours.
acknowledges that the death of Ms Rantsolase has robbed Parliament, her organisation, the ANC and its alliance partners of a hard worker and outstanding leader who has spent her life serving the people, particularly the vulnerable and less fortunate, and who never shied away from any task, no matter how challenging it was; and conveys its heartfelt condolences to the African National Congress, its Alliance partners and her family.
Ms S V KALYAN: Hon Speaker, bidding farewell to a member of this House is not a pleasant task, more so when the member, although relatively new to Parliament, has made such a huge impact in the short time she was here. The late hon Rantsolase became a Member of Parliament in 2009 and served on the Home Affairs and Labour Portfolio Committees. I had the privilege of working with her on the parliamentary grouping in international relations and members' facilities committees, and her input was always positive and in the interests of Members of Parliament.
The confidence her colleagues had in her when they nominated her Chair of the ANC caucus speaks volumes of her leadership qualities. She was instrumental in calming the waters of her caucus and charting a clear vision for them as a whole. Her track record as a proponent for better working conditions and a living wage in her early days as shop steward is perhaps the legacy she will be best remembered for. By all accounts, her willingness to be first in the picket line and advocacy of gender equality endeared her to many. She was desperately ill in the past month of her life, resulting in the untimely death at the relatively young age of 56. I am certain that her loss will be deeply felt by her colleagues in the ANC, her mom, six siblings, her daughter Puleng and her three grandchildren.
The tragedy of life is not in death but what we let die inside of us while we live. It is clear she lived a life filled with passion and energy. Her life was not in vain. Therefore, you can be proud of all her achievements even though she has passed on. We, in the DA, sympathise with you in this moment of grief and pray that, as the hon Rantsolase is laid to rest, her soul is in peace.
Mr W M MADISHA: Hon Speaker and members present, we are rising on behalf of Cope and the people we represent to give our sincere condolences to the family of the late Comrade Alina Rantsolase. Our condolences also go to the party and South Africans she represented in this Parliament. Her early departure is, to many of us in this House and the country as a whole, not only sad, but also the end of her excellent contribution to the survival of millions of South Africans.
If she was lying here before us today, I would say to her that I am one of the few people who feel extremely saddened by her early departure. I would also remind her that her contribution was not only in South Africa but beyond our seas, where she did not attend international meetings to enjoy herself, she became part of a leadership that built true workers' organisations. I would also remind her that although she had not gone through basic financial training at an education institution, but through her practise as a shop steward, she developed an extreme level of capacity to lead hundreds of unions' treasurers in years of her being a national treasurer for a workers' federation.
I would further remind her that her contribution and commitment assisted in the creation of jobs in the country, because members will remember that in 1998 when President Mandela convened a conference of the workers' government and the civics in South Africa, more than R89 million was collected because of her contribution. Today workers can rise and say that 39 000 jobs have been established because of her contribution. We are also deeply saddened by the fact that we will miss the contributions made by this leader. Indeed, I must say that is extremely painful. Therefore, as Cope, we say "sepela gabotse [farewell] my comrade". [Applause.
Mr V B NDLOVU: Ngiyathokoza, Somlomo, mhlonishwa Sekela Mongameli neNdlu ehloniphekile. [Thank you, Speaker, hon Deputy President and this august House.
The IFP offers its deepest and most sincere condolences on behalf of the entire party to the family and friends of Alina Rantsolase on her untimely and very sad passing. Alina was a true leader of the people, a leader who walked her talk no matter the political consequences and a leader who, by so doing, gained the admiration and respect of all who knew her. Her untimely passing will leave a vacuum which, we can only hope, will be filled by another rising star of the same ilk as Alina.
Alina rose to the stellar heights of the parliamentary service of her nation and people from humble beginnings as a shop steward at Checkers. Her exemplary work ethic and relentless pursuit of not only self-betterment but also betterment of the people led Alina onto a sure path into politics, a path which, in her case, rewarded her hard work and ethical behaviour with greater responsibilities and duties which, I might add, she never shirked.
Alina was one of this Parliament's unsung heroes, a daughter to the family of the Parliament of South Africa, and we will miss her a lot.
Umphefumulo wakhe ulale ngokuthula, izihlobo zakhe ziduduzeke. INkosi ibe nani. Ngiyabonga. [May her soul rest in peace, and may her relatives find comfort. May God be with you. Thank you.
Mr S Z NTAPANE: Speaker, hon members, the UDM would like to extend its condolences to the family and friends of the late hon member of the ANC, as well as to her party and colleagues. By all accounts, as caucus chairperson of the ANC, the late hon member played an important role in supporting her colleagues.
The UDM also confirms what has been alluded to by previous speakers. Aside from her service as a member of this House, she committed her adult life to the cause of workers. Starting as a shop steward, she progressed through the ranks of the labour movement, culminating eventually in her election to the position of national treasurer of Cosatu in 1999. She occupied this position for a decade. Hers was a life lived in service to others. May she rest in peace. Thank you.
Dr C P MULDER: Agb Speaker, agb lede van die Parlement, dit is vir my 'n voorreg en 'n eer om namens die VF Plus ons opregte meelewing en simpatie te betuig met die familie en naasbestaandes van ons kollega, die agb Alina Rantsolase, wat verlede week oorlede is.
Soos wat ons gehoor het, is sy op 'n baie jeugdige ouderdom oorlede. Sy was ook nie lank in die Parlement nie. Sy het 'n kort kans gehad om hier te dien, maar sy was 'n lewende voorbeeld van iemand wat nie noodwendig die geleentheid gehad het vir formele opvoeding en onderrig nie, maar wat tog die hoogste sport bereik het en haarself uitgeleef het, ook hier in die Parlement. Dit is bekend dat sy 'n besondere belangstelling gehad het as tesourier en ook omgesien het na die finansies van almal betrokke waar sy was. Sy het 'n groot verskil gemaak, nie net in Cosatu wat die finansies betref nie, maar ook in die ANC.
Ek wil graag namens die VF Plus ons meelewing betuig met haar party wat 'n kollega verloor het. Ons eer haar gedagtenis. Ons het 'n kollega verloor, maar haar familie het 'n geliefde verloor, en ons dink aan hulle. Baie dankie. (Translation of Afrikaans speech follows.
Dr C P MULDER: Hon Speaker, on behalf of the FF Plus it is a privilege and an honour for me to convey our sincere condolences and sympathy with the family and next of kin of our colleague, the hon Alina Rantsolase, who passed away last week.
As we have heard, she passed away at a very young age. She also had not been at Parliament for long. She had a brief opportunity to serve here, but she was a living example of someone who did not necessarily get the opportunity for formal education and tuition, but who still attained the highest step and lived her own free life, also here at Parliament. It is known that she had a particular interest as treasurer and also looked after the finances of everyone around her. She made a big difference regarding finance, not only with Cosatu, but also with the ANC.
On behalf of the FF Plus I would like to sympathise with her party for having lost a colleague. We honour her memory. We have lost a colleague, but her family have lost a loved one, and we think of them. Thank you very much.
Rev K R J MESHOE: Hon Speaker, I rise on behalf of the ACDP to convey our sincere condolences to the family of the hon Alina Machejane Rantsolase, her friends, relatives, Cosatu and the ANC.
We note with interest that she was brought to Parliament as an ANC Member of Parliament last year as a reward for her contribution to the trade union movement. Her work ethic and impressive self-taught accounting skills made such an impact on her fellow MPs that she was quickly appointed chairperson of the ANC parliamentary caucus, and given the job of sorting out the finances in the party.
In addition to sorting out her party's finances, Rantsolase served on the Home Affairs and Labour portfolio committees where her hard work and refusal to play cheap party politics won her the respect of opposition parties. While her reported "no fear, no favours" approach and unflinching insistence that the rules be followed to the letter did not endear her to some in the party hierarchy, it earned her respect among many other people.
Her status as an MP did not change her. She remained down-to-earth, friendly and approachable, and never forgot that she was there to represent the interests of the people struggling to earn their daily living.
The ACDP honours her for these much-needed attributes and qualities that all Members of Parliament should aspire to. May the God of peace bring comfort to her family, friends and members of the tripartite alliance. Thank you.
Mrs M N MATLADI: Hon Speaker, the UCDP would like to pass on its heartfelt condolences to the family and friends of Alina Rantsolase. She will be sadly missed for her contribution in the trade unions and her service in our Parliament. Her contribution to this democracy will also be missed.
Fa ke bua le ba lelapa la ga Mme Alina ba ba leng mo gare ga rona gompieno, ke rata gore moriti wa setlhare se le ntseng le tshabela letsatsi mo go sona o wele.
(Translation of Setswana paragraph follows.
[To the family of the late Alina who are with us here today, I would like to say that their provider is no more.
When everything fails, there is only one answer...
mme karabo e mo go Rara yo o kwa magodimong. [ and that is the Heavenly Father.
The only answer is in God.
O tla le fodisa. Puleng, bana le ba losika, Alina o ne a le rata, o ne a le direla. Le lona le ne le mo rata le mo direla, mme ka metlha le nne le mo gopola. Se le neng le se dira mmogo le dumela mo go sona, le sale go se sala morago.
Fa e le rona re le Palamente re latlhegetswe, mme se segolo se ke tla se gopolang ka Mme Alina ke matlhagatlhaga a gagwe mo tirong, a re ithutileng go le gontsi mo go ona. Ka re go rona Maloko a Palamente ya Bosetšhaba, re ka mo gakologelwa sentle ka go tswelela go direla setšhaba. Robala ka kagiso Alina. Ke a leboga. [Legofi.
(Translation of Setswana paragraphs follows.
He will heal you. To Puleng, children and relatives, Alina loved and served you. You too loved and served her; always remember her. May you continue to do what you believed in and used to do together with her.
Parliament also feels this loss. Mrs Alina will be remembered for her determination to serve, from which we learned a lot. To the Members of the national Parliament, we will remember her for her eagerness to serve the nation. Rest in peace, Alina. I thank you. [Applause.
Mna L M MPHAHLELE: Mohlomphegi Sepikara, letsogo la Mopresidente, re le ba mokgatlo wa PAC ya Azania, re tšea sebaka se go fetišetša mantšu a hlobošo go mokgatlo wa ANC le go lapa la Mme Alina Rantsolase.
Re le MaAfika Borwa re paletšwe ke go diša. Phiri e dikologile Mokhomoreiti Alina ya ba ya mo tšea re le gona, ra šala re gitla sa masetlapelo sello. Lehu re hwile la pitšana, la segwana nkabe re roka.
Mohlomphegi Sepikara, ke tšama ke tswaka maleme. (Translation of Sepedi paragraphs follows.
Mr L M MPHAHLELE: Hon Speaker, hon Deputy President, as members of the Pan Africanist Congress of Azania, we are conveying our condolences to the ANC and the bereaved family of the late Alina Rantsolase.
Death robbed us of Comrade Alina Rantsolase, and all we are left with now is pain. We as South Africans could not save her from death. This is a great loss to us. Hon Speaker, I will code switch from one language to another.
To the bereaved Rantsolase family, the PAC understands the pain you are going through, the pain of questioning what should not be questioned and the pain of denying pain. This pain too shall be healed by Mother Time, by every beat of the heart.
To Comrade Alina, I'll forever treasure the memory of travelling with you on a few occasions from Johannesburg to Cape Town; how we used to burst into laughter whenever we would realise that the airline did not update us from the economy to the business class. You shuttled between the economy and business classes with aplomb. You taught me a great lesson: that true leaders are never status-conscious. A leader will lead even from a donkey cart.
Today we hear your voice in our voices, see your wishes in our wishes, and they say you are still with us. Standing here breathing, part of us is dead. Lying there about to be buried, part of you is breathing. Long live Comrade Alina!
Mr R B BHOOLA: Hon Speaker, it is undoubtedly a sad moment for anyone to experience the sorrow of death.
On behalf of the MF, I convey heartfelt condolences and messages of strength, courage and fortitude to Alina's family, comrades and friends for their irreplaceable loss.
Our condolences also go out to the ANC for the loss of an impeccable leader who devoted most of her time working with the broad suffering masses. That is precisely why she has earned the title of "the people's champion".
She pulled no punches and acted without fear or favour when it came to executing her duties as a public representative. She was greatly respected for her organisational skills and lean and clean administration expertise.
With her amazing characteristic love and humility, she leaves a legacy of beautiful thoughts and admiration. She had the passion, courage and persistence to create change.
As we all live through the grace of God Almighty, let us continue to pray that God bestows strength to her family and friends during their time of bereavement.
May peace be granted unto her and may her soul, through the grace of God Almighty, rest in peace. I thank you.
Mr K J DIKOBO: Mr Speaker, Deputy President, the family of the late Alina Rantsolase, we have learnt with sadness about the passing away of Alina Rantsolase.
As somebody who worked in the trade union movement, I have had some interaction with Comrade Alina, albeit minimal. She had a certain presence and dignity, and it was difficult not to notice her.
I read somewhere that she had no formal qualifications in finance. I must say that there was no way of telling that from her performance. If this is indeed true, then she was a self-taught treasurer, and a good steward of the hard-earned resources of the workers.
Azapo lowers its banner for this gallant fighter and salutes her for the contribution that she made in the struggle for the advancement of the workers of our land. And we express our condolences to her family, the entire trade union movement and her political organisation, the ANC.
Long live the fighting spirit of Comrade Alina, long live! May her soul rest in peace! Thank you.
The MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS: Thank you, hon Speaker, hon colleagues in the House...
boo Rantsolase, ditsala le ba losika, kwa tshimologolong fela ke rata gore [... the Rantsolases, friends and family, I would like to start off by saying...
we are gathered here today to celebrate a life and mourn the passing away of the late Comrade Alina Rantsolase, who was called to glory on 2 November 2010. Our presence here today is testament to a life lived righteously, a life that lifted others, a life lived selflessly in order to improve the living conditions of the majority of our people in this country.
It is with a heavy heart indeed that I stand here to address this august House and pay tribute to someone who has been a friend, a comrade, a mentor and a colleague for almost 37 years. We celebrate Comrade Alina Rantsolase's life mindful that words cannot even begin to express our sorrow, nor illustrate the large and eventful life that she led.
This Parliament's discussion here today pays tributes to her and it also provides us with an opportunity to reflect on the significant contributions that Comrade Alina Rantsolase has made in this country. All of us who are present here today will enjoy our individual and collective memories of Comrade Alina Rantsolase. As we depart from here we will also always remember her, as she was indeed a truly great South African.
Today we feel weak and helpless because death has robbed us of a true revolutionary and an exemplary leader. On this day, we feel a deep sense of loss because a caring heart has ceased to beat. The late Comrade Alina Rantsolase made immense contributions to the establishment of a new democratic South Africa.
Because of her fruitful life and many years of service devoted to the liberation cause, she became the embodiment of the progressive woman that we often speak of. Her body has left this material world, but her soul will shine forever in our midst.
Like most of us, our liberation heroes and heroines, Comrade Alina Rantsolase, as we have heard, was born in a rural village in the Free State on March 1954, during the height of the oppressive apartheid regime. Her mother was an ordinary domestic worker.
Born into a poor family and confronted by the socioeconomic realities of the then apartheid regime, Comrade Alina Rantsolase became involved in the anti-apartheid movement struggles while she was still studying. At that time, she was still very young. From a very young and tender age, the late Comrade Alina Rantsolase's sharp intellectual power stood out and she showed great promise as a leader with an extremely keen mind and a profound sense of perseverance.
Due to her involvement in politics, her schooling was naturally disrupted, like that of many others. She was subsequently employed at the Checkers store where we worked together. Following that, she was, not surprisingly, elected as a shop steward. Also, she played a pivotal role in negotiations at the time. She ensured that our trade union and the rights of workers are also recognised and fiercely fought for a living wage as well as better working conditions for all workers.
Like all other activists, she fought the apartheid government through serving in the civic structures, and also served at the lower ranks of our women structures. She didn't just rise overnight. She worked hard. She rose from the lower ranks of our movement and also became a leader. She became a national leader as early as the late 80s and she devoted her life to the service of the workers and the national liberation movement.
It was during her tenure as a shop steward and later as the national treasurer of the SA Commercial, Catering and Allied Workers Union, Saccawu, her own trade union - because she didn't start by becoming the treasurer of the Congress of SA Trade Unions, Cosatu; she became the national treasurer of Saccawu and later the national treasurer of Cosatu - that Comrade Alina Rantsolase made her mark in the national politics.
She served as the national treasurer of Saccawu from 1993 to 1999, where we served together. She was then elected to the Cosatu national treasury, a position she held until 2009. She was then elected to this Parliament as a Member of Parliament, as we know.
Given the fact that she was a disciplined cadre, she was in her lifetime also appointed to serve as the chairperson of the disciplinary committee of the ANC in the Vaal region from 1998 to 2000. She was also the chairperson of the Human Rights Committee from 2008 to 2009. She served as a member of the National Economic Development and Labour Council, Nedlac, executive committee and the Presidential Working Group from 1999 to 2000.
She also represented workers at the global level in the International Trade Union Confederation on the International Labour Organisation committee of labour standards and the Southern African Development Community Labour Social Commission and African Union Labour and Social Commission from 2003 to 2009. She was also a representative of Africa in the executive committee, which later became feared as the largest trade union secretariat there.
Comrade Alina Rantsolase remained down-to-earth, friendly and never forgot that she was a servant of our people. Her selfless and staunch commitment to the working class is codified in her illustrious career as a trade unionist. Hon Rantsolase was a woman of principle, soft-spoken but very profound. She could disagree without being disagreeable. She shunned superfluous and ever-versed posturing and always focused on the broader national picture and national agenda. Above all, she was a woman of her word who called a spade a spade and not an agricultural tool. She was a woman who always carried herself with dignity and right to the end of her life sustained her integrity, which was beyond reproach.
Hee batho, o ne a rata diaparo. Lesela o ne a le ja, a le montle ka dinako tse tsotlhe. [People, she loved clothes. She was stylish and she always looked beautiful.
Comrade Alina Rantsolase also served on a number of committees here in Parliament, including the Home Affairs and Labour portfolio committees, as has been said. But she was also a member of the provincial executive committee of Gauteng province.
At the time of her death, Comrade Alina Rantsolase was the chairperson of the parliamentary caucus, as we know. Her untimely death comes as a great shock to all of us. We will forever remember her as a beacon of inspiration to all of us. She was a guiding light and a pillar of strength to all of us.
You will never see so much, nor live so long.
Despite the fact that she was held in high regard among her comrades, including members of the opposition parties, she never had problems in the organisation, as was said earlier on, even with the opposition. Comrade Alina Rantsolase never became conceited or arrogant. She never lost touch with her origins and remained committed to the poor and to the vulnerable until her last breath. She stood out as an irreproachable character.
The Good Book tells us that God works in mysterious ways in performing his wonders. I'm talking about God because Comrade Alina was a Christian. She was a believer. Comrade Alina Rantsolase was a wonder that God called to glory. If we believe Matthews' Gospel that the degree of our final reward is dependent on the extent to which we, as individuals, responded to the needs of our brothers and sisters, then we can take solace that Comrade Alina Rantsolase has earned a place at the right-hand side of God, and our loss, our grief, is heaven's gain.
Fellow comrades, let us recommit ourselves to continuing her struggle for a just and caring South Africa. Let us rededicate ourselves to her dream of a better world and a better South Africa, free of poverty, free of illiteracy, free of abuse of women and children, and free of crime. Let us rededicate ourselves for the building of that South Africa that Comrade Alina Rantsolase dreamt of and worked so hard for.
To the family, brothers and sisters and...
Puleng, ngwanake, yo o seyong fa ka maswabi [... Puleng, my child, who unfortunately couldn't be here...
stay strong during this difficult time. You stood by her, side by side, up to the end. We are deeply saddened by your loss. We will cherish the memories of the times we spend together with her. We are with you during this time of grief. May the peace which comes from the memories of shared love comfort you now and also in the days ahead. Be strong in the knowledge that in your veins runs the blood of a true cadre, a woman among women, a real woman of substance who will always live in our hearts and minds.
Long live the memory of our comrade, friend and sister. On behalf of the ANC, I would like to say, may her soul rest in peace.
Ka Setswana ga twe, lalang ka ntho, madi a tshologa. Ke a leboga. A mowa wa gagwe o robale ka kagiso. [Legofi.] [In Setswana, we convey our deepest condolences. Thank you. May her soul rest in peace. [Applause.
The SPEAKER: I would also like to take this opportunity to acknowledge the family of Alina Rantsolase in the Speakers' Bay. The condolences of the House will be conveyed to the Rantsolase family, the ANC and its alliance partners. A book of condolence has been opened just outside the Chamber. Members are encouraged to sign it. Sorry, hon members, we are not rising, because we did rise when we announced the passing away of hon Rantsolase. Thank you.
Whether, in light of the current problems affecting the SA Broadcasting Corporation (SABC) Board and management, the financial guarantee that has been provided to the SABC has brought about financial stability in the SABC; if not, why not; if so, what are the relevant details NO3881?
The MINISTER OF COMMUNICATIONS: Hon Speaker, I was going to say that this is my maiden reply to questions.
The SPEAKER: You do look like a maiden today, sir.
The MINISTER OF COMMUNICATIONS: Hon Speaker, to respond to the hon Zondi's question, the reply to the question is as follows. Yes, the financial guarantee was used to raise a loan to the value of R1 billion to pay outstanding debts to local and foreign creditors. The money from the loan was used to prevent a major crisis at the SABC, and to assist in getting its outstanding debts paid. The loan unfortunately did not resolve the SABC's financial challenges as a turnaround plan is still to be implemented, which is currently being developed by the corporation. Should the SABC continue to incur high expenses on certain costs items, it will certainly find itself in a limited cash flow position again.
The number of issues will need to be addressed as per the corporate plan that was submitted with the guarantee application. I'm informed that in dealing with this turnaround plan that the corporation is currently seized with, the corporation is investigating measures to bring down the operating costs of the corporation. It is certainly looking at restructuring the organisation so that it could become a fitter organisation. It is looking at ways in which it could improve its efficiency.
Unfortunately, the details are not available to us yet. I'm informed by the corporation that these are being looked at quite thoroughly, and are being discussed by the corporation, as well as the formulation of its turnaround strategy. They are to present their thinking on the turnaround strategy to the department this coming week, whereupon this strategy will be presented to Parliament. Thank you.
Mrs N W A MICHAEL: Mr Speaker, hon Minister, firstly, allow me to congratulate you on your appointment. I want to assure you that I'm looking forward to working with you. As you know, the SABC should have appeared before Parliament's Communications portfolio committee today. However, the committee was sent a letter by the SABC informing us that they would first confer with you, and appear before us then only.
At the last meeting with the SABC, the committee sent them away in a less than friendly fashion as they had not produced the required turnaround strategy. Could you please tell us if the SABC has in fact presented to you, for your information, a turnaround strategy, or did they in fact just miss the 10 November deadline?
The MINISTER OF COMMUNICATIONS: Hon member, the SABC is having a meeting with me on Thursday. One of the items on that agenda is the presentation of their turnaround strategy. I have been informed that they have done a considerable amount of work on the turnaround strategy. But, we advised them that we would like to see it before it comes to Parliament. Thank you.
The SPEAKER: The system is not working. If there are any members who might wish to ask supplementary questions, please raise your hands and I will recognise you.
Ms S R TSEBE: Hon Speaker, hon Minister, in your response you indicated that a number of issues need to be addressed regarding the corporate plan which was submitted with the guaranteed application. My follow-up question is: What are these issues Are there any measures or systems in place to address them Thank you?
The MINISTER OF COMMUNICATIONS Hon member, I've mentioned that some of the issues relate to the reduction of costs, the restructuring of the organisation and the improvement of efficiency in a number of areas in the corporation.
Mrs J D KILIAN: Minister, also from our side congratulations to you. But, we have very serious concerns about the governance issues at the SABC, specifically within the board, which recently led to a spate of resignations, and this is very unfortunate for high quality board members.
Largely due to the publicly expressed frustration with the role of the chairperson, are you aware of the tensions within the board How do you intend to assist the board to come to grips, because board members contend that the chairperson actually transgressed the statutes which govern the SABC They are very unhappy that they were called in to endorse an illegal appointment. How do you intend to take the process forward Thank you?
The MINISTER OF COMMUNICATIONS: Hon member, I think it is common knowledge now that four board members of the corporation have resigned. You have heard that those resignations have been accepted by the President, and Parliament is seized with the responsibility to consider the replacement of those members.
It is clear from what has happened that there are issues pertaining to the leadership within the corporation, at the level of the members who constitute the board that Parliament has appointed, as well as at the level of the kind of contradictions within pertaining to the executive management. So, the problem that we are seized with is giving support to the remaining members of the board and finding a mechanism that works in a way in which they can address the issues that are causing this instability.
We are currently in discussions with members of the board. I'm about to see them on Thursday to discuss this and to ascertain what kind of support they would require to resolve the issues that they are plagued with currently.
So, I would appeal that you give us the time to engage on this matter. We've been on the job for a few days only. We've come to understand precisely what the nature of the problem is. It will not help this House or the corporation if we went into those details just yet. Thank you.
Mrs N W A MICHAEL: Mr Minister, Phil Molofe's appointment prior to the board rectifying such appointment created a situation of irregular expenditure according to sections of the Public Finance Management Act, PFMA. In your financial deliberations with the SABC, will this be discussed and what action will be taken?
The MINISTER OF COMMUNICATIONS: Hon member, my information tells me that the board has now formally ratified the appointment of the executive member that you are concerned about, but the details that you raised will be provided in the meeting on Thursday, and you will get a response regarding that from the board.
The SPEAKER: Question 3, which has been asked by the hon P J Groenewald to the Minister of Rural Development and Land Reform, falls away in terms of Rule 1172, as a reply was submitted yesterday.
Question 239 has been asked by the hon B Tinto to the Minister of Energy.
Mr P J GROENEWALD: Speaker, seeing that the Minister responded yesterday to my question, is it not possible that I can respond today to his question [Laughter.?
The SPEAKER: Well, there seems to be a fact change. The Minister is not available. We'll come back to that question. Let's move on. Question 237 has been asked by the hon S N Swart to the Minister of Trade and Industry.
The MINISTER OF TRADE AND INDUSTRY: Speaker, of the issues that were mentioned in the question, the issue of company registration falls under the Department of Trade and Industry. Company registration will be considerably simplified and the regulatory burden accordingly greatly reduced when the new Companies Act comes into force. The target date that we have set for this is April next year.
The process of drafting regulations which will give effect to the new Companies Act of 2008 has been finalised and they will be published during the course of this month. A rectified Bill to deal with a few errors and omissions in the original Act is also being presented to Parliament.
The new Act, as I said, will considerably simplify company registration processes, reduce the cost of registering companies, and this will benefit small businesses, among others. Furthermore, there is a process to create an integrated business register to reduce the regulatory burden and facilitate efficient registration of businesses. The question of zoning business activity is a matter that falls under the responsibility of municipalities. Thank you.
Mr S N SWART: Thank you, Speaker. Minister, the issue of the cost of regulatory compliance has been raised in the past. It was again raised in the Medium-Term Budget Policy Statement where it was stated that, "a successful job creation strategy needs to address constraints that make it more difficult to open and expand small businesses".
I thank you, Minister, for your indication that the new Companies Act and regulations will address this issue. Clearly, small businesses face onerous regulatory burdens with the cost of regulatory compliance at about 8% of total turnover compared with less than 1% for large businesses.
Minister, the Medium-Term Budget Policy Statement also recommends that all new laws should be subject to regulatory impact assessment to review their effect on small businesses. The ACDP agrees with this view and wishes to know whether the economic cluster will consider this proposal, given the very important role that small business plays in job creation in the country. Thank you.
The MINISTER OF TRADE AND INDUSTRY: Speaker, I thank the hon Swart for recognising that the Companies Act is trying to do exactly what the Medium-Term Budget Policy Statement says, which is to reduce the regulatory burden on small businesses. We hope that we will end the situation where small businesses have to fill out forms, memoranda and articles of association, get a name, and things like that - which won't be a requirement any longer to get limited liability - while too often companies are prepared to buy shelf companies from people who register thousands and thousands of companies because they think that's a cheaper and easier way to go. So, we think that that's going to be a major reduction.
Obviously, if the Medium-Term Budget Policy Statement says what it says, and you are correct in saying what it says, this is a matter that will seize the cluster. We are constantly looking to reduce the regulatory burden and red tape with regard to small business. Thank you very much.
Mr S J NJIKELANA: Thank you, Speaker. Minister Davies, the efforts by the Department of Trade and Industry to reduce the burden and red tape for small businesses is quite admirable. Of course, in the context of such efforts, the government has also been earnestly and meaningfully trying to reduce the cost of doing business. Now, the question is: To what extent and in what way will the Companies Act impact on the efforts of reducing the costs of doing business Thank you?
The MINISTER OF TRADE AND INDUSTRY: Speaker, in addition to the company registration process that I already mentioned - which will be much easier, much cheaper, much simpler, with less forms and online facilities, and all of that - when the new Companies Act comes in, there will be a reduction in terms of the requirement of small businesses to produce audited financial statements. At the moment that is something which close corporations don't have to do, but other small businesses do. They will be able to produce financial statements, but not through auditors and expensive processes of that sort.
There will be an important provision of business rescue in the Companies Act. This means that when otherwise viable companies find themselves in trouble, instead of going into judicial management, which is just a step away from liquidation at the moment, they will be able to go through a meaningful process in which the possibility of that company surviving can be entertained and exercised in a way which we think is very significant. So I think that the Companies Act is a major, major piece of reform. It will bring our company law well into the 21st century and the realm of best practice. I think that it will undoubtedly have major benefits for small businesses. Thank you very much.
Mr T D HARRIS: Deputy Speaker, we welcome the Minister's commitment to lessen the regulatory burden, but I have here a leaked copy of the regulatory impact assessment commissioned by the DTI into the Intellectual Property Laws Amendment Bill last year. I want to ask the Minister why this document hasn't been released to the committee or released publicly, considering that it has very important things to say about this very important Bill that our committee is considering And I want to ask the Minister when will this report be released to the committee?
The MINISTER OF TRADE AND INDUSTRY: Deputy Speaker, I am not aware of the report that the hon Harris is referring to. If he got hold of a leaked document it may well be a document that has no currency with any of us. I will have to see what document you are referring to. [Interjections.
Ms J L FUBBS: Deputy Speaker, thank you for the responses that you have already given to this House, Minister. However, there are aspects around the regulatory impact assessments, etc, which don't necessarily relate to the new company registration but to a number of pieces of legislation. When do you expect to complete such a review I heard you saying it is being considered?
The MINISTER OF TRADE AND INDUSTRY: The regulatory impact work was actually not done by the DTI, it was done by the Presidency, and I'm not quite sure what the timeframe is for that. But, as I said earlier, the issue of regulatory impact and the reduction of pure red tape - I think we must distinguish between red tape and other kinds of requirements and regulations which do make some sense - is a policy objective which we have repeated on a number of occasions.
Mr M J ELLIS: Madam Deputy Speaker, on a point of order: Were all the supplementary questions asked last time You didn't give parties the opportunity for a second follow-up. Were they all asked?
The DEPUTY SPEAKER: Yes.
Mr M J ELLIS: Alright, thank you very much.
To what extent has the Government applied the energy mix policy since the adoption of the 1998 White Paper on the Energy Policy, especially with regard to energy diversification through the utilisation of clean energy means NO3833?
The MINISTER OF ENERGY: Madam Deputy Speaker, in relation to question 239, as asked by the hon member B Tinto, the reply is that government has diversified the energy mix in respect of both supply and demand sides.
In regard to the demand-side option various energy efficiency interventions have been introduced, including the introduction of solar water heating in the residential and industrial sector, cogeneration from industrial processes in order to substitute the demand that would otherwise have been supplied by Eskom and introduction of energy efficiency lighting, which is the compact fluorescent lamps, CFLs.
The demand side is complemented by clean energy options on the supply-side programmes, including the introduction of renewable energy feed-in tariff programmes pursuant to the 10 000 gigawatt of wind, solar, biomass, small hydro and land field gas generation options; the development of the liquefied petroleum gas pilot programme for space heating and cooking in the residential sector; and the introduction of the integrated resource plan with a long-term objective of introducing nuclear energy, imported hydro and imported gas for power generation.
It is anticipated that the South African energy mix will be diversified from 97% coal domination to what the Integrated Resource Plan, IRP 2010, will specify. Thank you.
Mr S J NJIKELANA: Deputy Speaker, hon Minister, it is quite admirable that government is making these attempts with regard to diversification, particularly in view of the attempts by the government to reverse the devastating effects of climate change. That is one of the areas where an energy mix helps to move away from fossil-based energy supply.
However, another interesting area is the extent to which such diversification will benefit the poor and the disadvantaged. I assume, amongst other things, any effort that is done by government to ensure that there is adequate energy supply should take into account the plight of the poor and the disadvantaged. I thank you.
The MINISTER OF ENERGY: Deputy Speaker, thank you, hon Sisa Njikelana. Hon member, you would remember that late last year we introduced the Regulations of Liquefied Petroleum Gas, which make it possible for us to reduce the price of gas, which is actually one of those energy carriers that is used predominantly by the rural people and the poorest of the poor as a clean energy source.
I want to indicate that already the calculations indicate that that reduction has brought back almost R500 million into the pockets of consumers. It is important to note that the reduction of gas was intended to create an uptake.
What we have done also is to make sure that with the metros we could engage on a programme of waste to energy. We look forward to making sure that within the year we would be able to introduce that particular programme where we are going to use waste to be able to generate energy. That is one of the interventions that we are going to use for poverty relief and, working together with environmental affairs and social development, we believe that it is also one of the programmes that can ensure that we get money into the hands of the poorest of the poor.
There is quite a number of interesting programmes within the Working for Energy Programme that we will be bringing to the portfolio committee in particular. Thank you very much.
Mr P D DEXTER: Deputy Speaker, over the past few years, government has floundered in terms of the energy policy mix. It's never been right. We've had the failed pebble bed reactors, the missing coal stockpiles, now the declining coal deposits, and the results for consumers has been blackouts, brownouts and white elephants. Can the Minister state whether, in allowing for this proposed energy policy mix, a level playing field has been created for all investors to have an equal opportunity to invest?
Secondly, can she give us any assurance that individuals and businesses connected to the ruling party will not be the only ones that benefit from this policy?
The MINISTER OF ENERGY: Deputy Speaker, thank you, hon Dexter, for your question. The one important thing that we have realised in the process of developing the Integrated Resource Plan, IRP 1 and IRP 2, is that power generation as well as power supply doesn't seem to see colour. The brownouts, blackouts and white elephants you are talking about I don't know about.
What we are doing with the IRP 2010 is to make sure that we will be able to allow for maximum input from the various stakeholders. As we speak, we have been requested by business as well as labour and the other stakeholders within the National Economic Development and Labour Council, Nedlac, to extend the period for public comments so as to allow for maximum participation on this particular plan. For once we want to make sure that South Africans have a comprehensive consolidated energy plan that can help those who want to invest - irrespective of the party they belong to - in the 30% power generation going forward, and that would be able to project their inputs. But, the most important thing is for us to be able to afford South Africans an opportunity to benefit from the new growth path in terms of making sure that the number of jobs that we said we were going to create, in terms of the stipulations of the new growth path, can be realised.
One of the key pillars of the IRP would be to ensure that all the energy carriers or technologies that would be utilised in the next 20 years emphasise localisation. That is why, with the support of the Deputy President, we could agree to the extension of the period for public comments so that even business as well as labour could help us to do the proper calculations in terms of which energy carrier would afford us decent and sustainable jobs, which energy carrier would make it possible for us to emphasise and realise localisation. I just want to assure you that this is one plan that, including our National Stakeholder Advisory Council on Electricity, role-players indicated that we wanted to make sure that we can all agree as South Africa that this is a plan that would help us to generate jobs.
This is a first attempt, and we want to make sure, like I said, that there is diversification, and we have also insisted that in the plan we need to create space for all the energy carriers. South Africans are also very much alive to the fact that we are being called on to reduce the percentage of coal in our IRP. We are saying that we are conscious of the fact that we need to protect the environment for the next generations. We are not going to be careless and avoid utilising the only reliable source of energy, coal, or alternatively another big base load being uranium. We are going to make it possible that we invest in the different scientific interventions to make sure that the particular energy carrier becomes clean.
That is why we say that we are not going to stop using coal, we are not going to say no to nuclear energy and we say, as government, that we need a plan that is going to be technology neutral. We are looking at making sure that early in January when we table the IRP 20 we sure that the different role-players have already made their maximum inputs.
I'm happy that even today the Minister of Science and Technology can indicate that there is a big conference of the scientific academic role-players where some of them are speaking about the importance of changing the picture of the world at night, when it is still only the continent of Africa that is dark.
We are looking at the different atlases. In terms of wind we've got the solar radiation indicators. We also have what is called the Carbon Capture and Storage, CCS, atlas so that whatever project we are looking at should be designed in such a way that it can capture, transport and store carbon going forward. As government we are saying that we want to make sure that we have a consolidated and comprehensive energy plan for South Africa. Thank you.
Mrs P C DUNCAN: Deputy Speaker, hon Minister, we set ourselves a country target of 10 000 gigawatt hours of renewable energy generation by 2013, but it is clear that at this stage we have not even reached 10% of that target. We are also aware that the department has commissioned a review of the White Paper on Renewable Energy and that certain findings have been generated as a result of this review. We would like to know why these findings have not yet been released to the public. This is particularly important given that we are currently finalising the Integrated Resource Plan. These findings should surely be used to inform consultation around this 20-year energy plan. Therefore, we would like to know from the Minister when these findings would be released. Would it be before the integrated resource plan is finalised If they won't be, then how does the Minister intend integrating the review of the renewable energy White Paper into the country's 20-year energy plan?
The MINISTER OF ENERGY: Deputy Speaker, I want to assure the hon member that she is correct that by 2010 we have reached about 4%. I just want to indicate that the 29 September call for Request for Information, RFI, by the Department of Energy and National Energy Regulator of South Africa, Nersa, was actually a way of making sure that we accelerate the participation of Independent Power Producers, IPPs, in this particular programme so as to be able to make sure that we reach the target.
By 2013 we should have reached the 10 000 gigawatt hours. You will realise that it is central to the IRP 1, which is the document that we promulgated in December, so as to be able to say how far we should be by 2013. It is still located within 2013.
The ruling party emphasises an energy mix. I want to say that the Integrated Resource Plan brings everything together that makes it possible for us to generate power. We say, from waste to nuclear. That is why we are talking about everything that is usable. To generate power we will be able to utilise that. That is why I specifically raised earlier on the indicators that include using waste to generate power.
Together with Environmental Affairs we are looking at making sure that we can separate waste from source. In that way, whatever is not reusable or recyclable can go into power generation because it would be useless material that can be burnt and combusted in order to generate power.
I want to reassure you that the anchor of our IRP is going to be the importation of clean energy sources, especially hydro from our neighbours through the Southern African power pull, but also gas. We believe that we are going to be able to do that. There are already projects in the region of the Southern African Development Community, SADC, that would make it possible for us to achieve the targets that we set for ourselves in the IRP 2010.
I also want to say that Cabinet took a decision to pursue the Wesco initiatives, which have the potential to generate more than 100 000 megawatt from the hydro schemes in the Great Lakes. Working together with Lesotho, Botswana, Namibia and South Africa, we were looking at hydro schemes within or on the Orange River so as to be able to utilise the power of water to generate power.
We are doing everything in our power to assure South Africans that the lights will be on and that industries and machineries will continue running. That is why we say that the IRP is a response to IPP2 and a response to the new growth path. Thank you very much.
Mr L W GREYLING: Deputy Speaker, I listened very carefully to the recent announcement by the Minister at the launch of the solar park that we were going to get 5 000 megawatt of energy from solar power over the next 10 years. Certainly, I welcomed that initiative and also welcomed that announcement. Unfortunately, there have been many announcements by the government over the last five years with regard to renewable energy and we haven't reached those targets: 1 million solar water heaters, and the 10 000 gigawatt hours by 2013. As you said, we've only reached 4%.
What we've also seen is that, in fact, we are not issuing Power Purchase Agreements, PPAs, to independent power producers with regard to the Renewable Energy Feed - in Tariff, Refit. Refit isn't even bringing out stream renewable energy. What are you going to do to address those particular problems, including the 5 000 megawatt that you announced from solar energy I don't see it in the present IRP2. It's not in there. In fact, what we allocated to solar heat is only 600 megawatt. Where does the 5 000 megawatt fit in, in terms of this current Integrated Resource Plan Thank you?
The MINISTER OF ENERGY: Hon member, I think the point that you have just made is also a very important point that you could make in the public comment processes for the IRP.
I indicated that business, labour and other stakeholders have requested for an extension. The extension allows until 15 December for inputs. I would call on you to do that.
I also want to indicate to you that what we did in Upington the other day with the Concentrated Solar Power, CSP, and Photovoltaics, PV, investor conference is market sounding to hear from the investors who have been saying to us we can produce this amount of megawatt from solar. If they have the interest to honour the requirements, policies and directives of South Africa in terms of localisation and job creation, we want to grow local manufacturing with those initiatives.
We are also saying that the IRP is a dynamic document. We all know that the different utilities as well as the IPPs submit applications to Nersa every three years in terms of the Multi-Year Price Determination, MYPD, process for applications. We want to allow South Africa the space. When technologies improve, the price goes down. If we lock ourselves into a 5 000 megawatt plant it means we will have to be able to acquire whatever is required for that solar power station at today's prices. This technology is changing almost like you change your cellphones. I want to say to you that it is important for us that we also become responsible and allow you to know that developed countries have started scaling down in terms of the wind power as well as the solar power. They are all flocking to the developing countries. We don't want to be guinea pigs or the dumping grounds for obsolete or redundant technology. We also want to create space for the entry point of new technologies.
If we start, as I've indicated in the speech I delivered yesterday, we are committed to the first 1 100 megawatt of solar in the first year, so we believe that we are going to achieve it with those companies that want to invest with South Africa or in line with the South African terms.
I just want to say to you with regard to the Power Purchase Agreements, PPAs, that it's a purely commercial transaction. We can't determine for the utility or the systems and market operator what the price should be. Every investor, every IPP must negotiate and be able to get a commercial transaction that would be in line with what the tariff is. If we determine it at this level, who is going to be the ultimate payer of that tariff It would mean that the consumers will have to pay even if we say that the solar power or wind power or whatever power must be sold at R10 or however many thousands of rands per kilowatt hour?
We need to allow operators, which would be Eskom and the systems operator, to determine tariffs because it would be a commercial arrangement and commercial transaction that they engage in.
I want to say that we are also very wary as South Africa to lock ourselves into that long-term contract for Concentrated Solar Power, CSP, whilst we are busy investing in Research and Development on initiatives with regard to clean coal and clean technology. What if tomorrow there is a way of using coal in a better way and we've got so much coal reserves here?
I think it is also important that we create those loops for South Africa to be able to use whatever new technology is presented. In September we launched the CCS atlas. We will soon be doing a demonstration and we also believe that very soon, with the support of Australia and Norway, we would be able to start the injection of carbon into the disused gas fields. I think it is important that we remember that we are doing it in the best interests of South Africans. Thank you.
Whether the settlement of the 3 852 outstanding rural land restitution claims will contribute to meeting the 30% target set by his department for black ownership of productive agricultural land; if not, why not; if so, what are the relevant details NO3865?
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon Deputy Speaker, once the determination has been made on how many of the outstanding claims are on agricultural land, the department will be in a position to specify how much of the land will contribute to the 30% target. Thank you.
Ms L D MAZIBUKO: Madam Deputy Speaker, with regard to government's target of 30% for productive farmland to be transferred to black owners by 2014, surely the most important central plank of this policy should be an urgent and comprehensive audit of state land or land which is owned by the state, especially given the fact that the department is now engaged in the process of aggressively acquiring more farmland as part of the Land Reform Programme, which at this stage is of course all but stillborn. What is the Minister going to do to ensure that this crucial audit process begins and that it is completed as soon as possible so that at the very least, the people of this country can finally know just how much land is in the hands of the government, especially given some of the unsubstantiated and, frankly, irresponsible remarks which have emerged from the leadership of the ANC with regard to the issue of foreign landownership. Thank you.
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Deputy Speaker, firstly, there is already a joint task team between Public Works and our department working on this question. Secondly, I think it is not correct for the hon member to say that statements which are made by the ANC are irresponsible with regard to foreign landownership. I think all of us as South Africans have a duty and responsibility to ensure that we look after the assets that belong to this nation, whether you are in the opposition or in the governing party. Thank you. [Applause.
Nkosi Z M D MANDELA: Thank you, Deputy Speaker. We as the ANC undertook to push back the frontiers of poverty in the Polokwane Resolutions by enabling our people to have access to productive agricultural land. Policies such as the willing buyer, willing seller have slowed down the achievement of that target. My question is: What are the department's plans to address policy constraints that have negatively affected the achievement of the 30% target, on the one hand On the other hand, how will we as government give effect to the Polokwane resolution in finding a new approach to land reform I thank you?
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon Deputy Speaker, the Polokwane resolution is very extensive. However, with regard to the willing buyer, willing seller model, it is clear. It says that it doesn't work. It is not the first one to say this. The Land Summit of 2005 made the same determination, that the willing buyer, willing seller model doesn't work. That is why we have reduced the three-tier system that we are proposing. On 24 March this year we spoke here in the House and proposed this as a substitute. But this will not be done entirely because we can't do away entirely with the willing buyer, willing seller model. We have to find a mechanism of tempering its effect because its effect is to raise the price of land. This is because there is one government that has a social responsibility and there are sellers of land that have a profit responsibility. So, these two don't mix. We have to find a way of tempering this relationship. Thank you. [Applause.
Mr L RAMATLAKANE: Thank you, Deputy Speaker and the Minister. Minister, arising from your reply, I just want to get absolute clarity on the issue of land, particularly the restitution claims. We were informed the last time that there were about 4 000 outstanding claims. I see that on the Order Paper it is indicated that there are 3 852 outstanding claims. I just want to get clarity on whether there are 4 000 outstanding claims, and if it is so, what is the programme that is in place to complete this and at what cost What is the estimation, or guesstimate, if you like, in terms of the budget that we can begin to look at, and when can we get those figures Thank you?
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon member, there is a big challenge with regard to the details of the actual number of outstanding claims. The 4 000 figure is a figure which we found in the department. But we then set up a task team to look at the actual figure across provinces. We have five teams now that are working through the provinces. They are led by directors-general to make sure that when we make this statement in future, we are sure that this is the correct figure because the figures that come out tend to change - the next time we will have 4 000 and another time we will have something even as high as 7 000. So, we are not very, very sure.
And this relates to the second part of the question, with regard to how much is really outstanding. In due course, we think over the next two months or so, we will be able to have a clear determination on both questions because of the task teams which are working in the various provinces. Thank you, hon Deputy Speaker.
Mrs A STEYN: Hon Minister, there is something I have been struggling to understand. You have just mentioned that you don't have the exact number of land claims outstanding. If I look at the question that was asked by the hon Groenewald on the number of projects, land and hectares, this is the question we have been asking in the portfolio committee since last year. So, basically you don't know anything. You don't know how much land was transferred; you don't know how much it cost; and you don't know much is outstanding. But you know one thing. The thing that you do know is that the willing buyer, willing seller doesn't work.
So, hon Minister, can you please tell me - you yourself, sir - whether the departmental staff are inflating prices. Farmers ask for R3 000 per hectare. But when it comes to your office, the price is R30 000 per hectare. So, the price was inflated somewhere in between. What method did you use to establish that the willing buyer, willing seller is not working?
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Deputy Speaker, firstly, I just want to know whether the hon member got the information that she is giving from us. It is not as if that R35 000 [Interjections.] We actually did the work. Secondly, it is not the department's officials that are involved in this. Yes, we said there could be elements that led to this, for example, fraud.
But there is also the problem of valuation. This is because here in South Africa we don't have a curb on the price of land in terms of valuations, and that is a problem. If we could get a valuation price that says R35 000 per hectare and then go to a farmer who says the price is R4 750 per hectare, that should tell us that there is a problem between the valuation and the farmer, who would not have gained anything between the R4 750 and the R35 000. That then means that there is something wrong here. That is why we are proposing and introducing [Interjections.
The DEPUTY SPEAKER: Order, hon members! Please!
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: They should be worried about this one, hon Deputy Speaker, because they own the land.
That is why we are proposing a land valuer-general for the country to make sure that we set norms and standards with regard to the price of land. That is what is going to come before the House. That is because we can't have a situation in our country where the vast majority of our people do not own land. Their own government cannot access land because prices get inflated by valuers who are not controlled whatsoever. Thank you, hon Deputy Speaker. [Applause.
With reference to the implementation of his department's Framework Agreement, (a) what has been the progress of the training lay-off scheme and (b) how many jobs have been (i) saved and (ii) created NO3836?
The MINISTER OF ECONOMIC DEVELOPMENT: Deputy Speaker, the framework for South Africa's response to the international economic crisis was concluded between government, organised business, the labour movement and community representatives in February 2009.
One of the measures in this framework was provision for a training lay-off scheme. During the second half of last year, we sat down with our social partners, concluded a set of rules that should apply to the training lay-off scheme, identified where we could get money for the scheme and announced it publicly.
The scheme provides for up to half of the wage of a worker to be paid, during periods they otherwise would have been retrenched or placed on short time. Instead, through this fund they can be trained. It was piloted in the last three months of last year and we officially launched it in January this year.
No comprehensive analysis has been made of the total jobs impact of the framework agreement as a whole, given that the measures vary from counter cyclical fiscal policies, support for the infrastructure development programme, to specified industrial and trade interventions.
Perhaps, I can illustrate the impact of the framework by reference to specific employment and industrial initiatives. The training lay-off scheme, for example, was reported to have saved 6 375 jobs up to the end of September this year. The smallest company covered by the scheme had ten workers and the largest company had 1 500 workers.
In addition to that, we set up a fund for distressed companies, administered by the Industrial Development Company, IDC, that saved or created the further 18 073 jobs. The IDC and the Unemployment Insurance Fund, UIF, also launched a development bond aimed at job creation and an additional 19 031 jobs, excluding companies that were on any other scheme, were saved or created through this.
In addition to this, the CCMA itself strengthened its efforts to save its jobs through better facilitation and mediation in cases where companies used section 189 of the Labour Relations Act. The CCMA has reported to us that between October last year and the end of September this year, 8 350 additional jobs were saved in large-scale retrenchment processes. This excludes all the other numbers that I have given. It's not people who are on training lay-offs or any of the other schemes.
We have also launched an effort to combat illegal imports and customs fraud, and Sars seized 750 tons of goods by December last year in one sector alone, which translates to the number of 1 400 jobs saved. The Expanded Public Works Programme of government that the Minister of Public Works previously reported on gives an indication of the kinds of measures that are in place and the impact that it has. Thank you.
Mr Z C NTULI: Deputy Speaker, thank you, Minister, for your comprehensive response. Minister, with regard to the training lay-off scheme, I want to know whether there are any disadvantages for those companies who do not have organised labour, those who do not have unions. What type of training is being offered regarding this scheme Thank you?
The MINISTER OF ECONOMIC DEVELOPMENT: Deputy Speaker, let me answer the first part of your question. Companies with trade unions have the opportunity to access the scheme because unions can publicise it to workers. They can propose it to companies during retrenchment negotiations. They can ensure that the training programmes are customised to the needs of workers at a particular workplace and, importantly, they can help to negotiate the package of social benefits, like medical aid and so on, that should apply during the training period.
With regard to the training that is offered, it varies greatly because it is demand-driven. It is largely determined at the workplace level. Some of these do, however, indicate specialised skills courses on welding; electrical and refrigerator operations; rigging; charcoal manufacturing; health and safety, including HIV and Aids management; supervision courses and courses on entrepreneurship.
This just gives a flavour of the range of activities. Some companies have introduced Adult Basic Education and Training courses. We are encouraging companies to use the opportunity now to strengthen information communications technology, ICT, skills at the workplace. As the economy and employment recovers, workers also have a much greater skills set that they bring to the productive process. Thank you.
Mr L S NGONYAMA: Deputy Speaker, hon Minister, the question of training is quite broad. If people are not given specific qualifications, it can have a negative impact. It is like investing in a situation where you do not have any future gains. Is there any specific qualification that these people are given after this training, and what duration of training is needed for people to qualify for that specific qualification?
The MINISTER OF ECONOMIC DEVELOPMENT: Deputy Speaker, I think I would agree on the importance of qualification in instances of training, but it is important to distinguish what this does. Typically, before we had the training lay-off scheme, when there is a slack demand in a company the option that was often used is simply to lay off workers through retrenchments. They then permanently lose their jobs.
Through the training lay-off scheme, we have created a facility that a company can access. Instead of retrenching a worker, they place them on short-term training. The duration of the training could be up to three months, full-time equivalent. It does not need to be taken in one period, it could be spread out. You could have two days training a week, stretched over a period longer than three months, but equivalent to three months full-time.
The types of training is determined by the discussion between business and labour at plant level, but the sector education and training authorities, Setas, at industry level helped to co-ordinate some of the training. So the facility is certainly available for all skills that workers have obtained to be certified through the Setas. Thank you.
Dr P J RABIE: Deputy Speaker, in his state of the nation address last year the President mentioned the possibility of a wage subsidy for youth and this particular topic was also mentioned by the Minister of Finance in his Budget Speech, earlier this year.
South Africa is experiencing job losses, and it is estimated that almost a million South Africans have lost their jobs. It is also estimated that more than 3 million South Africans between the ages of 18 and 35 are unemployed. Is government considering the imposition of a youth wage subsidy, in light of our alarming rates of unemployment Thank you?
The MINISTER OF ECONOMIC DEVELOPMENT: Deputy Speaker, let me start by confirming the importance we assign to dealing with the crisis of youth employment or unemployment. If you look at the data, it is quite revealing. More than half of our young people are without jobs, more than three quarters of the unemployed, are young people. This is a crisis that we have to deal with.
In government's view, it will require a multiplicity of interventions. We'll have to do many things and we'll have to do them smartly to address the issues of unemployment. We are now busy putting together a comprehensive response to youth employment, which will include targeted measures for companies. It will also include measures in the Public Service through using public works programmes, more aggressively targeted at young people.
In the growth path, we have identified sectors of the economy where, in fact, young people can and ought to be employed in large numbers. Government is looking at all those options, putting them together in a coherent package and will announce them as soon as the work is concluded. Thank you.
Mr N SINGH: Deputy Speaker, there is no doubt that the implementation of these schemes have a positive social impact.
With the implementation of these schemes, is there a cost-benefit analysis being done so that, at the end of the day, we know that if we have spent R50, it was well spent, but if we had spent R500 you might as well have given the person R200 Thank you?
The MINISTER OF ECONOMIC DEVELOPMENT: Deputy Speaker, I think the view we have taken during the recession we experienced last year, is that we need to bring in new tools to manage job losses.
The first thing that we are doing now through the work of the IDC is to measure the cost per job for all the interventions that we undertake. That figure is monitored constantly to see whether, in fact, through our interventions, we are increasing the number of jobs per million rand that is utilised. I thought I should also indicate that these are not passive subsidies. In a number of cases, they are a bridging means to get companies back into viability.
After the very tough 2009, due to the global recession, Bell Equipment has announced a profit for the first six months of 2010.
Bell was one of the earliest in the industry to be hit, in view of their make-to-stock requirement, but now it is one of the first to recover.
We appreciate the support received from government and the IDC loans. We look forward to further engagement on ways in which we can further increase local employment and develop the local supply base. So far this year, Bell has been able to re-employ 250 people at the Richards Bay plant and this number will increase as demand improves further.
The point is that these interventions are intended to bring companies back to viability, and to the extent that we achieve that and that we keep the cost of support for each job as low as possible, they constitute an effective and good intervention. Thank you.
The MINISTER OF COMMUNICATIONS: Hon Deputy Speaker, when the mobile cellular telecommunications service companies, which are mobile operators that are commonly known as Vodacom, MTN and Cell C, were licensed by the regulator, part of the license conditions for all of them was to submit a roll-out plan and a timetable to cover the South African population, including rural areas.
Furthermore, it is a requirement that these mobile operators report on the roll-out plans annually to the regulator so that there could be measurements with regard to the progress made against the timelines that these mobile operators committed themselves to in their business plans.
One of the priorities in terms of these roll-out plans is to cover areas which previously did not have cellular coverage, specifically the rural areas or the under-serviced areas, as we call them.
The Independent Communications Authority of South Africa, Icasa, regulates and makes an analysis of the roll-out reports that these companies provide, and any cellphone coverage gaps that are identified for that particular period under review by the regulator is brought to the attention of these specific companies by the regulator.
Sometimes, of course, when consumers from these companies have trouble with this cellular reception they will complain to the regulator through a special complaints section, and the regulator would then raise these matters with the relevant cellular companies.
Icasa will then make the respective operators aware of these shortcomings and request them to expand the networks accordingly, so that those areas, which are normally in rural areas, can in fact get the kind of cellphone coverage that they require. Operators are then expected to report on progress separately on such specific cases, over and above their respective annual reports.
Mr K M ZONDI: Hon Deputy Speaker, the IFP congratulates the hon Minister on his appointment to this important portfolio. Arising from of the Minister's reply, this morning we had a presentation at the portfolio committee by the Universal Service and Access Agency of South Africa, Usaasa, and we were startled to learn that they are still struggling to grapple with the definition of universal service access. There is also confusion as to who is responsible for the implementation of universal service access to information and communication technology, ICT, services between them and Icasa because of the lacuna that exists in the Electronic Communications Act. Now, will the hon Minister's department be taking steps to sort out this confusion, as it impedes delivery in this nature [Time expired.?
The MINISTER OF COMMUNICATIONS: Hon Deputy Speaker, the hon Zondi raises an important issue. It is true that there is a lacuna in the Act, which the department is currently looking at. The Usaasa is also quite right in that up until now, there hasn't been any agreement on the definition of what standards of service provision should exist from area to area. The notion of defining what is called an "underserviced area" is still a problem to be resolved and that is a task that Usaasa has to address because it is part of its mission, and it has to deal with this matter in conjunction with the regulator. So, we will be keeping a very close eye on this particular matter.
Mrs W S NEWHOUDT-DRUCHEN: Deputy Speaker, hon Minister, I just want to know, do we have checks and balances in place in the country to ensure the progressive realisation of network coverage so that we can ensure 100% coverage in the rural areas If yes, how far have we come to achieve this objective; and if no, what measures are in place for the development of such a framework Thank you?
The MINISTER OF COMMUNICATIONS: Hon member, that's precisely one of the matters that is on our agenda right now. We are about to implement serious engagements with different sectors within the ICT community, and one of them is the companies that are responsible for the provision of mobile cellular coverage.
We have been convening a series of round tables to discuss with them this particular point and to establish what their plans are to assist the country to obtain the kind of coverage that we want better than what they are able to provide just here. So, that's the first step in developing the kind of plan to get the outcome that the hon member is talking about.
Mr M SWART: Hon Deputy Speaker and hon Minister, as you all know, it is the right of all South Africans to have access to information. Does the Minister feel that 3G and broadband access is efficient; if not, what plans are being put in place to ensure that rural areas, specifically, have access to the information network, thus improving economic opportunity and equality of education Thank you?
The MINISTER OF COMMUNICATIONS: Deputy Speaker, hon member, I can only support you on that by saying that it is a desired outcome that we are working towards to try and get much better 3G coverage for all consumers in our country. It is central to the department's strategic plan and this is the matter that I, as a new Minister, am busy engaging in with the department to see exactly what is on the table. If there isn't any, we are certainly going to get there. Thank you.
Mrs J D KILIAN: Deputy Speaker, Minister, actually, you have a wonderful opportunity to create a new vision for this Communications portfolio. What is your vision of government's role concerning the improvement of access to communication networks in the rural areas World surveys have found that in most cases where there was a lack of access in the further afield communities, it was as a result of regulations and lack of government actually putting forward funds for infrastructure roll-out because 47% is a lack of funding by the government. Does government, or you, see that we should invest, as South Africa, in the rural communities, to improve access to cellular and broadband facilities also in those areas Thank you?
The MINISTER OF COMMUNICATIONS: Deputy Speaker, hon member, it is a commitment in terms of government's programme that we have to ensure that our rural areas, which are underserviced, receive the kind of infrastructure that we think they should have. So, it is a priority commitment of this government to ensure that in any way possible we develop the underdeveloped areas in our country. And certainly the establishment of an effective communications infrastructure is very much a part of that particular plan.
The reality is that we have to do this within the context in which we bring various parties to the table to collaborate with the government. Government on its own is not going to be able to do this. Therefore, we will have to engage the private sector, which has the intellectual capital and the investment resources to come to the party. These series of round tables that we intend to have over the coming weeks will also have that particular item on the agenda for discussion with the private sector. We would invite the top 30 companies in the ICT sector, to discuss with them whether they are open to such an invitation to come into partnership with the department in the reconstruction of this particular sector.
We would also like to establish from them precisely what the nature of the issues are that they would like us to tackle as government to construct this agenda for engagement. One of the matters is precisely what they can provide to assist us in meeting the infrastructure backlogs in our country. Thank you.
Particulars regarding any gains made by agricultural sector in relation to jobs shed in 2010 275.
Whether the agricultural sector has made any meaningful gains in dealing with the problems of 86 000 jobs shed in the third quarter of 2010; if not, why not; if so, (a) what has been the net increase in jobs since 1 January 2010 and (b) what is her department's outlook in this regard for the near futureNO3886?
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Madam Deputy Speaker, hon Minister, yes, the agriculture, forestry and fisheries sector, including hunting, has had severe job losses between the first and third quarters of 2010. We are estimating that over 100 000 jobs have been shed in the third quarter of 2010. This can be seen in the context of the continuation of long-term declining trends in employment within primary economic sectors.
However, the agriculture value chain is one of the priority sectors of the current programme of government, both in terms of economic growth and employment creation. With the implementation of agro-processing initiatives proposed under the Industrial Policy Action Plan, as well as plans to elevate agriculture as one of the priority sectors under the New Growth Path, there is potential for the decline in employment trends to be reversed, over the medium to long term.
In conjunction with this, the Department of Agriculture, Forestry and Fisheries has made inroads in the marketing of South African products in the Middle East, Far East and on the African continent. We have, furthermore, expanded our access to cheaper finance for both smallholder and commercial farmers. Our development of skills research and development has seen an additional development of the sector, and we hope that this will contribute towards job creation in the future. I thank you.
Mrs N M TWALA: Deputy Speaker, has the Minister held any discussions or workshops with agriculture value-chain organisations, organised agricultural organisations like the National African Farmers Union, Nafu, AgriSA, and the Transvaal Agricultural Union, with a view to increasing the number of job opportunities in the sector If so, what are the outcomes of such discussions or workshops?
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Hon Deputy Speaker, the question is very valid indeed, and we'd like to inform the hon member that we have signed delivery agreements with the various unions in our sector, in agriculture, forestry, as well as in fisheries. Our different commodity groups have also been consulted.
We are particularly working with Grain South Africa to address the unintended consequences of the surplus maize we have in our country. We have also consulted and are working with different commodity groups to look at job losses and the future potential of stemming the tide of job losses in the industry.
We would like to say that with the National Agricultural Farmers Union we are developing a package for the development of smallholder as well as subsistence farmers. Instead of black farmers being part of the informal industry or informal job creation sector of agriculture, we wish to graduate them from subsistence farming to smallholder farmers, and then, eventually, to commercial farmers. Thank you for that very good question, hon member.
Mr L S NGONYAMA: Hon Deputy Speaker, let me come back to the Minister, as the originator of this question, and say to the Minister that if we talk empirically, currently, I share the hopes and the wishes that the Minister is referring to. However, if we look at what we now have in terms of Statistics SA and of the graph in front of us, the decline of the contribution by agriculture to the GDP of the country has reached crisis point, from 11,5% to 4,5%.
Yet, in 2006 the then Minister of Agriculture, Thoko Didiza, said if we invested a R100 in the agricultural sector, we would be able to generate jobs than in any other sector. However, currently we have a situation that is reported to us by Statistics SA. I hear the Minister, and I would like to say that I share the wish and the hope of the Minister, but we need extraordinary measures to turn around the situation in the agricultural sector.
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Madam Deputy Speaker, I do not think that what the hon member Ngonyama just said was a question; it was a statement, which I agree with. Thank you very much. [Applause.
Mr N D DU TOIT: Hon Deputy Speaker, hon Minister, has the department established whether a link or correlation exists between job losses in agriculture and provinces where a high number of land claims have been completed What combined strategy does the Department of Agriculture, Forestry and Fisheries and the Department of Land Reform and Rural Development follow to address these job losses Thank you?
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Madam Deputy Speaker, no such investigation or research exists. So I would be purely thumb sucking if I would respond to the member. And yes, we do have a very good working relationship with the Department of Rural Development and Land Reform, and together we are working on addressing the job losses in the sector. Thank you very much.
How many irrigation schemes are there in the country, (b) where is each scheme located, (c) what is its status and (d) in what way does each contribute to ensuring (i) food security and (ii) empowering people NO3841?
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Chairperson, there are 453 irrigation schemes in the country, totalling 490 787 hectares. There are 51 irrigation schemes in the Eastern Cape, covering 81 076 hectares. The Free State province has 12 irrigation schemes; Gauteng has 6; KwaZulu-Natal has 44; Limpopo has 180; Mpumalanga has 35; the Northern Cape has 26, covering 131 434 hectares; whilst the North West province has 24 irrigation schemes, which cover 45 000 hectares. The Western Cape has 75 irrigation schemes, covering 126 000 hectares.
The irrigation schemes are functional to various levels of operation. Unfortunately, a large number of the smallholder irrigation schemes are suffering reduced efficiency or have collapsed. In some instances some of the commercial irrigation schemes have been underutilised and are in need of upgrading and re-establishment. The collapsed or reduced efficiency of these irrigation schemes is due to various reasons, including conflict, lack of farmer participation, lack of markets, as well as a need for the upgrading of infrastructure and equipment. Those that are being brought to increase operation include those that are being addressed by initiatives undertaken by provinces as well as the department.
In KwaZulu-Natal, an allocation of R30 million has been made to the Makhathini Irrigation Scheme. This will be used for the replacing of pipelines and fittings, maintenance of the roads, as well as repairs. The irrigation-related projects which were identified by the KwaZulu-Natal provincial Department of Agriculture also related to the R13 million of the Comprehensive Agricultural Support Programme, Casp, budget, which was used mainly to address vegetable production, broilers and the refurbishment of irrigation.
We also have the Limpopo business plans of R29 million. Mpumalanga has allocated R2,7 million for the development of irrigation infrastructure, as well as R4 million for the installation of irrigation infrastructure...
Mr M J ELLIS: Mr Chairman, on a point of order...
The HOUSE CHAIRPERSON (Mr M B Skosana): What is the point of order, Mr Ellis?
Mr M J ELLIS: Mr Chairman, I am led to believe that questions of an oral nature should not be questions that require enormous numbers of statistics and details to be given. [Interjections.] If you note, Mr Chairman, this is an ANC question. But, Mr Chairman, an oral question is something where you are seeking information, and a written question is one where the statistics and many details are given. [Interjections.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, the Minister has already finished.
Mr M J ELLIS: Mr Chairman, I do not think she has finished. It looks like she has quite a few pages to go.
The HOUSE CHAIRPERSON (Mr M B Skosana): I take note of your point, but the Minister has already finished.
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Chairperson, you are correct, I am just about reading my last sentence. All of the former homeland irrigation schemes had a food plot section, and many of the food plots suffered the same collapse as the commercial sections of the former homeland schemes after 1994. They need to be revitalised. Thank you very much. [Applause.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon Ministers, I think hon Ellis is correct. Next time you ought to bear that in mind. Is there a supplementary question, hon Mosoane?
Mrs M E PILUSA-MOSOANE: Yes, Chairperson, and thank you, hon Minister. Arising from the Minister's response, it is clear that we have approximately 5 700 hectares of listed irrigable land which, if all utilised, can make a major contribution to food security and the empowerment of new irrigation farmers, as well as the creation of employment. What measures does the Minister's department plan to put in place to get all schemes functional so that we can lessen our dependency on imports, and possibly even produce enough wheat, which can bring down the price of bread for the poor Thank you?
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Chairperson, thank you very much, hon member. The Department of Agriculture, Forestry and Fisheries has an interministerial committee which works on on-farm and off-farm infrastructure. This infrastructure includes infrastructure development programmes, as well as the Expanded Public Works Programme, which is investing in infrastructure for irrigation schemes. We are convinced that, as you have correctly said, these irrigation schemes would lead to better food security, particularly in the rural areas. Thank you.
Mr N D DU TOIT: Hon Chairperson, hon Minister, now that we are talking about irrigation schemes, how is it possible that a former HOD of the Department of Agriculture in Limpopo can be appointed in a senior position in the department at national level, while at that time, on the recommendations of Limpopo's Standing Committee on Public Accounts, Scopa, the MEC, Mrs Letsatsi-Duba, launched an investigation into what the Auditor-General described as irregularities in three tenders worth R45 million awarded to the company Floppy Irrigations...
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, there is a point of order, please.
Mr C T FROLICK: With all due respect Chairperson, that is a completely new question with new details that are required. The hon member cannot honestly expect the Minister to have the details available.
The HOUSE CHAIRPERSON (Mr M B Skosana): Order, order, please!
Mr M J ELLIS: Mr Chairman, may I respond to that?
The HOUSE CHAIRPERSON (Mr M B Skosana): May I just make a ruling here, hon Ellis.
Mr M J ELLIS: Yes, thank you, Mr Chairman.
The HOUSE CHAIRPERSON (Mr M B Skosana): Even if it is an entirely new question, I am going to ask the Minister whether or not she wants to reply to it.
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: It is a simple answer, the member...
Mr M J ELLIS: Mr Chairman, on a point of order: The truth of the matter is that the hon member has not yet finished asking the question. He has not yet put the question. He is simply making a statement leading up to a question being asked. I would urge you, sir, to allow him to finish.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon Ellis, I think that hon Frolick heard the member, which is why he objected. But, I did say that I was going to ask the Minister whether or not she would be prepared to answer the question. You are saying that the member had not finished.
Mr M J ELLIS: He is not finished, Mr Chairman.
The HOUSE CHAIRPERSON (Mr M B Skosana): Would you finish your question, hon member?
Mr N D DU TOIT: Thank you, hon Chair. Three tenders worth R45 million have been awarded to the company Floppy Irrigations, which allegedly implicate the involvement of the same HOD. My question was: How is that possible Thank you?
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: The particular official referred to has not been appointed in the national Department of Agriculture, Forestry and Fisheries; he is simply completing his contract, which ends at the end of November.
Mr R N CEBEKHULU: With regard to the answer that the Minister has given on the number of irrigation schemes that are in the provinces, may I ask, in relation to the farms that the state bought for emerging farmers - more especially those that are in KwaZulu-Natal - that are currently not productive and whose pipes were vandalised, what are the department's plans to revive those farms Thank you?
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: The Department of Agriculture, Forestry and Fisheries is working with the Land Bank on a development strategy for smallholder farmers whose farms are currently under distress. Thank you.
Mr L RAMATLAKANE: Hon Chair, hon Minister, arising from your confirmation in your reply to the hon member that indeed the said official continues to work in the department, but only because he is finishing a contract, does it mean that the issue of corruption and the misdemeanours that officials, from time to time, get involved in is not taken seriously by the department, but rather it just continues to keep them under its employment, instead of dealing with the particular official?
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Chairperson, thank you very much, hon member. The said official was removed from the province so that the investigation could be completed unhindered. Thank you.
Whether the contracts signed with the arms deal contractors who committed to offset their deals with investments through the National Industrial Participation Programme (NIPP) contained penalty clauses related to direct job creation; if not, what recourse does his department have over contractors who, according to the NIPP Performance Review 2009, failed to produce the 65 000 jobs originally promised; if so, (a) what performance guarantees are contained in these contracts, (b) which contractors have incurred any penalties and (c) how much do these penalties amount to NO3878?
The MINISTER OF TRADE AND INDUSTRY: I thank you, Chairperson. The answer is that there were no penalty clauses written into the contractual agreement signed between the South African government and arms deal companies relating to job creation, direct or otherwise.
The penalties are applicable to obligations that were defined in terms of investments and sales, both locally and for exports. The job creation targets were estimates based on the expected outcomes, from the fulfilment of contractual obligations defined in these terms. Moreover, the estimated jobs include direct and indirect jobs and are cumulative in nature.
There is no contractual recourse available to the department should the 65 000 job target not be realised. The reality, however, is that this number has been exceeded. To repeat, the 65 000 jobs expected from the implementation of the National Industrial Participation Programme, NIPP, obligation, are both direct and indirect and cumulative in nature. The latest assessment conducted in 2009 on the NIPP reports that 26 442 direct jobs were created, compared to a target for direct jobs of 19 000, and that the total number of jobs - direct and indirect and cumulative in nature - since the NIPP started was 85 000 jobs of which 73 000 were attributable to the arms deal, compared to the 65 000 target. Thank you.
Mr T D HARRIS: Chairperson, thank you. the Minister is correct in pointing out that the NIPP performance review claims that 26 000 jobs were created by arms deal offsets, but on 9 March 1999 the Minister of Defence, Joe Modise, stood before this House and promised the creation of 65 000 jobs from the arms deal offsets. He did not stand here and promise that the offsets would create 26 000 jobs, which would then stimulate further economic activity and which would then encourage additional job creation.
Will the Minister admit, therefore, that the arms deal was sold to the South African public on the strength of a promise that has not been kept If so, what steps will he take against defaulting contractors?
The MINISTER OF TRADE AND INDUSTRY: Chairperson, there were a number of reports that emerged from the investigation that was conducted some years ago. One on the trade and industry looked at this matter in some detail, and the fact of the matter, as I said before, is that the job target totals were both direct and indirect and were cumulative. So, they included the jobs in the construction of the plant and the jobs created in the plants thereafter. That is how they were constructed. The total, then, of all that together was 65 000 jobs, as I said.
When we used the same methodology again, to see what was achieved, we have achieved it. And I think that is to say simply that part of the value for money of the arms deal was that we should achieve the obligations of the obligors, and I think we have done that. Whether the NIPP programme needs to be refined and made much more explicit in terms of job targets, I think, is something to work towards in the future. It certainly would be a focus for the refinement and the improvement of the National Industrial Participation Programme. Thank you.
Mrs F HAJAIG: Chairperson, thank you, Minister, for your comprehensive reply. So our new industrial policy programme seeks different ways to grow our economic base. Hon Minister, what could be done through the NIPP to indeed build the required capacity Thank you?
The MINISTER OF TRADE AND INDUSTRY: Chairperson, member, thank you very much for that question. That is exactly the point I was trying to make at the end of my response to Mr Harris.
What we are doing is part of our comprehensive review of procurement in making sure that procurement becomes a tool for industrial development and to review the NIPP. At the moment, what is happening is that you import $10 million and you are supposed to negotiate an offset to the value of about one third of it.
The problem has been that it is not clear whether it is applicable to municipal government in the provinces or just the national government. I think that, in so far as an arms deal is concerned, we have achieved, broadly speaking, what was required at that particular point. But we need to be able to achieve much more from procurement by way of encouraging local industrial development and the reform of the NIPP as part of procurement to get much more local industrial development. This is one of the major objectives of the Industrial Policy Action Plan, and the work on that has proceeded to a quite advanced stage. Thank you.
Mr T D HARRIS: Chairperson, my question is: Does the government have a standard approach to measure a number of jobs they intend to create, or can we simply inflate any real job target they have announced by around 3,5% to come up with this indirect job target, which somehow approximates a number of jobs created Thank you?
The MINISTER OF TRADE AND INDUSTRY: I think that the indirect jobs do reflect the reality that if you create a job through a project it also spends our purchasing power, which creates other jobs so that that multiplier has a real effect. However, I do think from now onwards we are going to be much more explicit instead of, as in the past, defining obligations simply in terms of investments, exports and things of that sort so that we get a foreground of what we expect to achieve in terms of job creation. And I think that direct job creation is where we should really be focusing our attention. So far, if people would pay attention to the way it was constructed in the past and did not look at the detail, well, I am afraid that's their fault.
Mr P M MATHEBE: Hon Chairperson, hon Minister, one of the strategic objectives of this government is to create decent work, and one of the pillars of the National Industrial Participation Programme is the transfer of skills and technology from the countries where procurement of more US dollars has been done. So, in the past 10 years of the NIPP, was there any significant transfer of skills or technology to this country Thank you?
The MINISTER OF TRADE AND INDUSTRY: Chairperson, yes, there was a transfer, there were investments. I think that one of the issues we want to address in refining the NIPP was the obligations that were required in virtually every sector. So, if you were an arms manufacturer, your obligations could be in virtually any other industry, and that is what happened. And I think what we want to do is to make the obligations much closer to the area of expertise of the company which is incurring the obligations and in that way, by also refining, as I said, to bring the job targets to the fore. We want to make this NIPP part of our overall attempts to get the industrial development of procurement programme. Thank you.
Whether her department distributed any (a) tractors, (b) agricultural machinery and equipment, (c) seeds, (d) fertiliser and (e) diesel to (i) persons or (ii) groups engaged in agricultural activities; if not, why not, in each case; if so, in each case, what (aa) were the criteria used to determine the beneficiary and (bb) are the further relevant details NO3842?
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Hon Chairperson, the Department of Agriculture, Forestry and Fisheries distributed tractors and agricultural machinery and equipment to the Mpumalanga and KwaZulu-Natal provinces to increase the capacity of the various projects and programmes implemented in these provinces to address the mechanisation needs of household food security and household food produces for subsistence farming.
The department has not distributed seeds, fertilisers and diesel because this is covered and budgeted for through the various support programmes implemented by provinces. So, items like seeds, fertilisers and diesel have been provided for by the provincial departments of agriculture.
The equipment will be deployed to target areas identified by the President where medium to high-potential agricultural land is available and where available land allocated to households is not cultivated. The tractors and implements will be available to groups on common land and to individuals with small land areas.
Operation and maintenance costs will be budgeted for through provincial budgets, as well as through the national budget. The equipment targets those that are not able to afford mechanisation equipment and do not have the ability to pay for contractors to cultivate their land. Due to the small size of plots, the mechanisation cost is considerably higher than at commercial farms. The other seven provinces will receive equipment during the following financial year.
The criteria used to allocate equipment are determined by various programmes in each province. The aim of all these programmes is to develop rural communities and to improve household food security locally. I thank you.
Mrs R E NYALUNGU: Chairperson, arising from the reply of the hon Minister, is there any liaison with provincial departments regarding the distribution of seeds, diesel and fertiliser Without the two tiers of the department working together, tilling land will not be meaningful if these ingredients have not been supplied. When exactly, Minister, does the department hope to make equipment available in the other seven provinces?
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Chairperson, hon member Nyalunga, yes, we are working with provincial departments to supply seeds, fertiliser, as well as diesel. We are also working with the Department of Higher Education, as well as the sector education and training authorities, Setas, in particular, to look at the licensing of farmers so that they have the necessary licenses to operate tractors.
The development of programmes in the remaining seven provinces will happen, as we are consistently evaluating what is happening in the first two provinces that we have supplied with these things. Before we do a roll-out or unfold this programme to the rest of the country, we have to correct the mistakes we made in the first two provinces. All of the mistakes we made were on the co-ordination of the supply of equipment versus that of the seeds and fertiliser, as you have correctly stated. I thank you.
Mr N SINGH: Chairperson, thank you, Minister, we just hope that these were not expensive mistakes that were made, when the seeds and things were distributed. I am aware that about R15 million was spent in KwaZulu-Natal in the acquisition of seeds and fertiliser. In most of the areas, these were given to beneficiaries who are not agriculturally productive areas. So, this was really a waste of money, largely a waste of taxpayers' money.
But what I would like to know, hon Minister, is the following: Can you, at some stage, provide us with information on where in KwaZulu-Natal these tractors were distributed and whether there is a contractual arrangement between the recipients and government Are the recipients individuals or co-operatives What kind of maintenance plan is there to ensure that this equipment can be handed down over generations Thank you?
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Chairperson, I do appreciate that the hon member does not expect me to give that information immediately and that the question will be for a written response. I thank you.
Mr J R B LORIMER: Chairperson, hon Minister, does the department have an idea as to how many of the tractors delivered are replacements for previous issues and what the total cost was Could you elaborate on the measures that are in place to monitor these sufficiently trained operators and to ensure that the process is sustainable Thank you?
The MINISTER OF AGRICULTURE, FORESTRY AND FISHERIES: Thank you very much, hon Chairperson. I do appreciate the questions. But these are statistics which I do not have at hand. I shall provide them in written form. Thank you.
The DEPUTY MINISTER OF TOURISM: Chairperson, yes, the department has developed a toolkit for tourism planning in the local government. Workshops were held in all provinces, where district municipalities were invited and participated. It must be pointed out that the document received overwhelming support from various municipalities.
The interactive workshops focused on the following toolkit themes: the importance of prioritising tourism in the local government sphere; clarifying municipalities' role in tourism at the local government level; success factors; how to do strategic planning; and, by extension, where to start when planning for tourism.
Based on the lessons learned during our interactions, the department intends to focus on provinces and municipalities that are predominantly rural in nature. These future inductions will include dissecting the toolkit and practically highlighting possible first steps in planning for tourism. Interestingly, the department has been invited by the Eastern Cape municipalities in late November this year to kick-start this process. Thank you.
Mrs J M MALULEKE: Thank you, Chairperson, and thank you, Deputy Minister, for your informative response. As you said in your response, you have interacted with provinces and district municipalities. Do you have plans to interact with local travel authorities, as they are the custodians of the land in rural areas Thanks?
The DEPUTY MINISTER OF TOURISM: Thank you, Chairperson. As the hon member would recall, traditional leaders form part of municipalities. So, they participated in the process of consultation. They did this, of course, with the understanding of their role in rural development. This consideration will be prioritised in the upcoming interactions.
Mr G R KRUMBOCK: Chairperson, with all due respect, Minister, if that was a comprehensive response, I am not sure I would like to hear an evasive one. You are making reference to toolkits, dissecting the toolkits and workshops, yet there is very low support for rural tourism and local development.
In the capital city of KwaZulu-Natal, Pietermaritzburg, there is a pitiful amount of R800 000 to promote the city, difficult as it is. We know that you have cut up to R165 million from SA Tourism over the Medium-Term Expenditure Framework period, and that constitutes 60% of the budget. In fact, your department is critically underfunded. It cannot compete with our long-haul competitors, and we are losing ground.
Is it not true, Deputy Minister, that you actually cannot do enough to support local government and rural tourism because so much money is spent propping up state-owned enterprises and parastatals We are going to take a very long time before we can actually do what we should do: support tourism in these areas and start alleviating poverty where it is needed most?
The DEPUTY MINISTER OF TOURISM: Thank you very much, Chairperson. Mr Krumbock has been asking this question in various ways throughout the time I have been in this Parliament. But it is important to say that this is a process in which we seek to assist the local government in their planning. The process so far has reached a situation where we have interacted with all the relevant stakeholders.
Moving forward, the plan that assists municipalities is under way. In subsequent questions, perhaps as part of the questions that have been asked, we will be highlighting exactly what our programme and strategy is, as the department, in enhancing domestic tourism. This would then focus on rural areas or rural municipalities in assisting them, as the department - aside from what SA Tourism is doing, which is also tackling issues of domestic tourism. Thank you.
Mrs M A A NJOBE: Chairperson, hon Deputy Minister, it is a well-known fact that most municipalities lack critical skills and capacity. My question, therefore, is whether municipalities will manage with the new functions bestowed on them by the department. And again, what role will the department play to close the gap with regard to the capability levels between national, provincial and local government I thank you?
The DEPUTY MINISTER OF TOURISM: Chairperson, may I start by saying that these are not new functions that are being given to municipalities but part of the functions of municipalities. What the national department is doing is to work with municipalities and assist them in the capacities that are not necessarily available to plan and develop programmes around tourism. Our department is also setting up a unit within itself that is going to focus on assisting municipalities around this matter. Thank you.
The MINISTER OF COMMUNICATIONS: Hon Chairperson, I want to respond to hon Michael's question. The first part is whether there were any measures: The answer is yes. Measures have been put in place to ensure that Sensor technology, Sentech, is able to meet its financial obligations. Sentech's business plan for 2010-11 was revised by its new board of directors during the first quarter of the current financial year. The business plan was approved by the Department of Communications in June 2010 and was presented to Parliament in October 2010.
This plan recognises that unless specific cash management measures were introduced the company would not be in a position to meet its operational financial obligations by November 2010. The business plan was founded on the urgent need to restore the sustainability of the company, in order to avoid any reliance on the shareholder to provide additional funding for the company's operational expenditure.
In order to restore the sustainability of the company and to avoid any reliance on the shareholder to provide funding for the company, a number of stabilisation activities were implemented by both the executive management and the board itself.
These activities particularly focused on achieving financial cash flow stability through increasing the collections against the billings and minimising actual expenditure and additional commitments for spending. In support of this, the company also undertook additional internal mechanisms, including improvements in internal controls and reviewed its business processes and policies.
As a result of the execution of these measures, we now can report that the company's cash flow has improved significantly over the last two quarters. It is clear from the figures available from the company. The company has been able to turn around its cash flow position significantly and as a result, it is now able to meet its operational financial obligations and it is projected to continue to do so for the remainder of the financial year.
Ms N W A MICHAEL: Chairperson, hon Minister, following the receipt of Sentech's financial statements and its revelation of its continued financial ill health, can you tell us if financial experts have been called in to assist Sentech in their attempted financial turnaround If so, who are they If not, will such experts be called in to assist Sentech in the future?
The MINISTER OF COMMUNICATIONS: Chairperson, I do not have that information as to whether the experts have been called in available at this stage, but I am reliably informed that the measures that were executed were measures undertaken by the board.
May I also add the part which I omitted in the earlier part of the question There were two parts to the question. That was whether there was any application made to National Treasury for bail-out funding. The answer to that is no. The last part of the question was whether Sentech made any applications to the National Treasury for a government loan, and the answer is no?
Mrs J D KILIAN: Chairperson, Minister, the former Minister and director-general visited Brazil and announced an about-turn on the European or Digital Video Broadcasting-Terrestrial, DVB-T, standards for digital migration. This about-turn of standards will, without doubt, also place additional strain on Sentech's financial viability. How should the institution protect their more than R300 million investment in Digital Data Transmitter, DDT, networks for European standards and how will they fund the prolonged dual elimination period that the standards issue has caused How should the emerging manufacturers overcome this about-turn Can the Minister please help us and advise us as to how he would handle this matter Thank you?
The MINISTER OF COMMUNICATIONS: Chairperson, hon Kilian has sneaked in a question on the standards issue which is also on the Order Paper in question 260. Let me just say that the matter of standards is open at the moment. It is still under discussion. We are certainly awaiting a report the from Southern African Development Community, SADC, which is meeting at the end of November, I am told. The SADC community has instituted a special task force to interrogate what might be the best and appropriate standards for the region.
All the Ministers in the SADC countries are awaiting the outcome of that particular report, which should be towards the end of November. That would give us an indication of what the region should do. Until then, we are continuing to assess and review what the position is, but I think we are all guided by the portfolio committees in Parliament that have instructed us to be very careful and assess the implications of the review. Should the review recommend alternative standards to the current policy, we will have to weigh these very carefully and come back and look at how we deal with them.
Right now, we have a policy, we have a review in place and we are awaiting the view of the region on all of this. Clearly, there are several lobbies in the market place as to what we should do. The emerging manufacturers are one such lobby, and they would have a preference for a particular standard. There are others that are saying, developmentally, we are counselled to have different kinds of standards, but at the end of the day, it is what is in the best national interest of this country that will determine how we move. Thank you.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon members, the time allocated for questions has expired. Outstanding replies received will be printed in the Hansard.
The House adjourned at 16:48.
Correctional Matters Amendment Bill [B 41 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33683 of 25 October 2010.
Introduction and referral to the Portfolio Committee on Correctional Services of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Tax Administration Bill, 2010, submitted by the Minister of Finance.
Referred to the Standing Committee on Finance and the Select Committee on Finance.
Agreement between the Government of the Republic of South Africa and the Government of the Socialist Republic of Vietnam on co-operation in the field of tourism, tabled in terms of section 231(3) of the Constitution of the Republic of South Africa, 1996.
Explanatory Memorandum to the Agreement between the Government of the Republic of South Africa and the Socialist Republic of Vietnam on co-operation in the field of tourism.
The following paper is referred to the Portfolio Committee on Arts and Culture for consideration and report.
Report and Financial Statements of Vote No 12 - Department of Arts and Culture for 2009-10, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2009-10.
Amendments to Money-Laundering and Terrorist-Financing Control Regulations, 2002, in terms of section 77 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Amendments to Schedule 1 (List of Accountable Institutions) of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Amendments to Schedule 2 (List of Supervisory Bodies) of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No R999, published in Government Gazette No 33717, dated 1 November 2010: Amendment of the Exchange Control Regulations made in terms of section 9 of the Currency and Exchanges Act, 1933 (Act No 9 of 1933).
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Cyprus on Police Cooperation, tabled in terms of section 231(3) of the Constitution, 1996.
Report on the provisional suspension of a magistrate, Mr F R Rambau, a regional magistrate at Polokwane, in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).
Report on the provisional suspension of a magistrate, Mr L Skrenya, a magistrate at Cala, in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).
Report on the provisional suspension of a magistrate: Mr M K Chauke, an additional magistrate at Pretoria, in terms of section 13(3)(c) of the Magistrates Act, 1993 (Act No 90 of 1993).
Report on the provisional suspension of a magistrate, Mr W J M Prinsloo, a magistrate at Ermelo, in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).
Report on the provisional suspension of a magistrate, Mr I W O M Morake, a magistrate at Lichtenburg, in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).
Report on the provisional suspension of a magistrate, Ms A Maharaj, an additional magistrate at George, in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).
Report on the provisional suspension of a magistrate, Mr N M Jassiem, an additional magistrate at Mitchells Plain, in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).
Referred to the Committee on Public Accounts for consideration and to the Ad Hoc Committee on the Commission for Gender Equality Forensic Investigation for consideration and report in terms of their respective mandates.
Report No 28 of 2010-11 of the Public Protector on an investigation into an allegation of improper conduct by the Department of Public Service and Administration and Government Employees Pension Fund during the privatisation of the Venda Pension Fund.
Referred to the Portfolio Committee on Finance for consideration and report and to the Portfolio Committee on Public Service and Administration.
The Portfolio Committee on International Relations and Cooperation, having considered the request for approval by Parliament of the Ratification of the African Charter on Democracy, Elections and Governance, referred to it, recommends that the House, in terms of section 231(2) of the Constitution, approve the said Charter.
The Portfolio Committee on Rural Development and Land Reform having considered the subject of the Sectional Titles Amendment Bill [B14B - 2010]((National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports that it has agreed to the Bill[B14 - 2010] with amendments.
The Portfolio Committee on Rural Development and Land Reform having considered the subject of the Deeds Registries Amendment Bill [B13B - 2010]((National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports that it has agreed to the Bill [B13 - 2010] with amendments.
The Committee on Private Members' Legislative Proposals and Special Petitions, having considered the legislative proposal to amend the Choice on Termination of Pregnancy Act, No 91 of 1996, and having listened to the presentation by Honourable C Dudley and consulted with the Portfolio Committee on Women, Children and Persons with Disabilities, the South African Human Rights Commission, the Commission on Gender Equality and the Department of Health recommends that permission not be granted to the member to proceed with the proposed legislation.
The legislative proposal was stated to be aimed at ensuring that women are able to make fully informed decisions regarding the choice to terminate a pregnancy. The emphasis was placed on state support for women to realise this legislative aim. The sponsor submitted that the legislative proposal was aimed at the amendment of the Choice on Termination of Pregnancy Act, "so as to ensure a woman or child is able to make a fully informed choice regarding the termination of pregnancy".
The proposed amendments can be appropriately dealt with in the guidelines and directives for health care practitioners responsible for performing the terminations of pregnancies. An amendment of the Choice on Termination on Pregnancy Act cannot be justified, as the proposal addressed mere procedural issues already broadly provided for in the Regulations to the Choice on Termination on Pregnancy Act, as published GN R168 in GG17746 of 31 January 1997.
A woman's right to choice must be the primary concern in any legislative amendment. This consideration is not adequately reflected in the legislative proposal, specifically as it relates to the proposed viewing of electronic images, diagrams and photographs of the foetus. This is also reflected in the fact that the term "unborn child" is used in the legislative proposal and this is inconsistent with the use of the term "foetus" in the principal Act. Although counselling has positive informative value, it remains the discretion of the individual whether she wishes to see visual images of the foetus.
The implementation of the proposed amendments would hamper access to the proper facilities (in rural areas primarily). Ultimately, this would compromise the proper exercise of a woman's right to choice, as reflected in section 12(2)(a) of the Constitution of the Republic of South Africa, 1996 that states that "[e]veryone has the right to bodily and psychological integrity, which includes the right to make decisions concerning reproduction".
The proposed amendment of the Choice on Termination on Pregnancy Act would be costly, due to the related financial and human resource implications. The proposed amendments would also have a great financial impact on facilities that are primarily dependent on donor funds.
In light of the above, the committee is of the view that the legislative proposal of Honourable C Dudley is not feasible and should not be proceeded with.
<fn>GOV-ZA.3483361En.2012-02-10.en.txt</fn>
Policy Debate on Budget Vote No 36: Trade and Industry, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Policy Debate on Budget Vote No 14: Arts and Culture, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
See also: Mr S S Mazosiwe, Mr D B Feldman (p 10); Mr K A Sinclair, Mr S H Plaatjie, Mr H B Groenewald (p 11); Mr S S Mazosiwe, Mr M J R de Villiers (p 12); Mr R A Lees, Mr C J de Beer (p 13); Mr A Watson, Mr M P Jacobs, Ms E C van Lingen (p 14); Mr Z Mlenzana (p 15); Mr F Adams (p 23); Mr K A Sinclair, Mr W F Faber, Mr D V Bloem (p 24); Mr M P Sibande (p 25); Mr M W Makhubela, Mr S S Mazosiwe, Mr D A Worth (p 26); Mr Z Mlenzana, Ms M G Boroto; (p 27); Mr A G Matila, Mr H B Groenewald (p 28); Mr M J R de Villiers, Mr F Adams (p 54); Mr T A Mashamaite, Mr T D Beyleveldt (p 55); Mr M J R de Villiers, Mr M W Makhubela, Mr H B Groenewald (p 56); Mr C J de Beer, Mr D V Bloem (p 57); Mr S H Plaatjie, Mr O de Beer, Ms E C van Lingen (p 58); Ms M W Makgate (p 59); Ms E C van Lingen (p 60); Mr D V Bloem (p 68); Mr M J R de Villiers, Mr S H Plaatjie (p 69); Mr O de Beer, Mr K A Sinclair, Mr M P Sibande (p 70); Prince M M M Zulu, Mr M H Mokgobi, Mr M W Makhubela (p 71); Mr D B Feldman, Ms B L Abrahams, Ms B V Mncube (p 72); Mr W F Faber (p 73); Mr M W Makhubela, Mr D V Bloem, Mr D A Worth (p 91); Mr O de Beer, Ms E C van Lingen (p 92); Chief Whip of Council, Mr R A Lees (p 93); Mr S S Mazosiwe, Mr A J Nyambi (p 94); Mr D V Bloem, Mr K A Sinclair, Ms R M Rasmeni (p 104); Chief Whip of Council, Mr S H Plaatjie (p 105); Mr M J R de Villiers, Mr D B Feldman (p 106); Mr H B Groenewald (p 107); Mr D V Bloem (p 114); Mr M H Mokgobi, Mr A J Nyambi (p 115); Mr S H Plaatjie, Mr K A Sinclair (p 116); Mr A G Matila, Mr D V Bloem (p 117); Mr L P M Nzimande, Mr S S Mazosiwe (p 118); Mr K Sinclair, Mr D B Feldman (p 138); Chief Whip of Council, Ms B V Mncube, Ms E C van Lingen (p 139); Mr H B Groenewald, Mr K A Sinclair (p 140); Mr F Adams, Mr R A Lees (p 141); Chief Whip of Council (p 149); Mr F Adams (p 150); Mr T D Beyleveldt, Mr M W Makhubela (p 151); Mr S H Plaatjie, Mr K A Sinclair, Mr D V Bloem (p 152); Mr A Watson, Mr Z Mlenzana (p 153); Ms D Z Rantho, Mr D D Gamede (p 154); Mr D B Feldman, Mr A G Matila, Mr G G Mokgoro (p 155); Mr R A Lees, Mr M P Jacobs (p 156); Mr D B Feldman, Ms E C van Lingen (p 164); Mr O De Beer, Mr D A Worth, Mr B A Mnguni (p 165); Ms M G Boroto (p 166); Mr K A Sinclair (p 167); Mr R A Lees (p 173); Mr F Adams, Ms D Z Rantho (p 174); Mr H B Groenewald, Mr D A Worth, Mr M W Makhubela (p 175); Mr S H Plaatjie, Ms E C van Lingen, Mr M C Maine (p 176); Mr D B Feldman, Mr M W Makhubela (p 191); Mr K A Sinclair, Mr H B Groenewald (p 192); Mr F Adams (p 206); Ms B V Mncube, Mr T M H Mofokeng, Ms E C van Lingen (p 207); Ms E C van Lingen (p 208); Mr D V Bloem, Mr D B Feldman, Mr S H Plaatjie (p 224); Mr O de Beer, Mr W F Faber, Mr D V Bloem (p 225).
South African Post Office SOC Limited Bill [B 2B - 2010] (National Assembly - sec 75) (introduced as South African Post Office Bill [B 2 - 2010] (National Assembly - sec 75) - (Select Committee on Labour and Public Enterprises - National Council of Provinces).
South African Post Office SOC Limited Bill [B 2B - 2010] (National Assembly - sec 75) (introduced as South African Post Office Bill [B 2 - 2010] (National Assembly - sec 75).
<fn>GOV-ZA.3483371En.2012-02-10.en.txt</fn>
Proclamation No R.33 published in Government Gazette No 34305 dated 20 May 2011: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act, 1974 (Act No 74 of 1996).
Proclamation No R.34 published in Government Gazette No 34306 dated 20 May 2011: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act, 1974 (Act No 74 of 1996).
The President of the Republic submitted the following letter dated 17 June 2011 to the Chairperson: National Council of Provinces, informing Members of the Council of the extension of the employment of the South African National Defence Force for service in Mozambique waters and in international waters to monitor and deter piracy activities along the Southern African Coast of the Indian Ocean.
This serves to inform the National Council of Provinces that I have extended the employment of two hundred (200) members of the South African National Defence Force, for service in Mozambique waters and in international waters to monitor and deter piracy activities along the Southern African coast of the Indian Ocean.
The extension of the deployment of the South African National Defence Force is for a period of 12 months as from 21 April 2011 - 31 March 2012.
This employment is authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996 read together with section 18 of the Defence Act of 2002 (Act No 42 of 2002).
I will communicate this report to members of the National Assembly and wish to request that you bring the contents hereof to the attention of the National Council of Provinces.
The Portfolio Committee on Home Affairs, having considered the subject of the Refugees Amendment Bill [B 30B- 2010] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces, referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 30C - 2010].
The Portfolio Committee on Home Affairs, having considered the subject of the Immigration Amendment Bill [B 32B - 2010] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces, referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 32C - 2010].
<fn>GOV-ZA.3483391En.2012-02-10.en.txt</fn>
[14:11] Notices of motion.
welcomes Mrs Obama and her family to South Africa and is confident that her trip will be beneficial to both countries.
MINUTES: NATIONAL ASSEMBLY NO 21â2011 5.
conveys its heartfelt condolences and sincere sympathies to the government and people of the Republic of Zambia.
congratulates Noni ''She Bee Stingin'' Tenge for winning the welterweight title fight and applauds her for making South Africans proud.
conveys its heartfelt condolences to the families who have lost their loved ones in this horrific fire.
calls on all South Africans, civil society organisations and the citizens of the world to support the Mandela Day initiative by doing good in their communities.
Debate on Vote No 2 - Parliament, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
[17:42] Members' statements.
Consideration of Request for recommendation of candidates for appointment to Public Service Commission (Report of Portfolio Committee on Public Service and Administration, see Announcements, Tablings and Committee Reports, 15 June 2011, p 2117).
Agreement on the establishment of the African Tax Administration Forum approved.
The House adjourned at 18:17.
<fn>GOV-ZA.3483421En.2012-02-10.en.txt</fn>
The Council met in Old Assembly Chamber at 10:06.
Policy Debate on Budget Vote No 8: Women, Children and People with Disabilities, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77). Debate concluded.
[B 3 - 2011] (National Assembly - sec 77).
Tuesday, 21 June 2011 6.
Bill [B 3 - 2011] (National Assembly - sec 77).
The Council adjourned at 17:05.
<fn>GOV-ZA.3491451En.2012-02-10.en.txt</fn>
â Indicates a question for written reply not yet replied to after 10 working days have expired.
What total amount of interest incurred on overdue accounts was paid over to suppliers by her department in the 2010-11 financial year NW1713?
How many (a) African, (b) Coloured, (c) Indian and (d) White persons are currently employed at the public institutions that report to her in terms of Schedules 1 to 3D of the Public Finance Management Act, Act 1 of 1999 NW1730?
whether persons that are found to be responsible will be held accountable and/or prosecuted; if not, why not; if so, what are the relevant details NW1739?
In light of the fact that Koeberg Nuclear Power station was built alongside the Milnerton fault line and the increase in the magnitude of earthquakes worldwide, what is our readiness to cope with earthquakes, tsunamis and radiation leakage in the event of an earthquake (a) on this fault line and (b) elsewhere in South Africa NW1740?
whether he intends implementing the abbreviated review process; if not, why not; if so, what are the relevant details NW1741?
whether any steps have been taken to ensure that this situation does not re-occur; if not, why not; if so, what steps NW1780?
What are the requirements that a member of the SA Police Service (SAPS) must meet in order to be appointed to the rank of general, (b) how many SAPS members currently hold the rank of general, (c) how many SAPS members have met the specified requirements before being promoted to the rank of general and (d) why were the remaining members promoted to this rank without meeting the necessary requirements NW1781?
How many officials of the SA Police Service (SAPS) have been (a)(i) criminally charged with and (ii) suspended from the SAPS for disciplinary offences and (b) dismissed from service as a result during the period 1 January 2010 and 31 December 2010 NW1782?
whether her department has liaised with employees of Assmang regarding the progress of its investigations; if not, why not; if so, what are the relevant details NW1783?
whether his department had investigated the source of the said manganese-related deaths; if not, why not; if so, what are the relevant details NW1784?
whether she has instituted an investigation into the specified irregularities; if not, why not; if so, when will the investigation be completed NW1785?
why not, (b) what was the designation of each such person, (c) where were they stationed and (d) what were the main functions that they performed; if so, what are the relevant details NW1786?
Whether, at any public hospital in any province, any closed-circuit television (CCTV) security camera system is not working and needs maintenance and/or upgrading; if so, for each specified hospital, (a) what is the name of the hospital, (b) for how long has the system been out of order, (c) what will it cost to (i) repair and (ii) upgrade the system in each case and (d) when will the CCTV security camera system be fully functional again NW1787?
Whether, in relation to the occupation-specific dispensation (OSD) for allied health professionals, particularly radiographers, consideration will be given to (a) the acquired levels of specialisation within the profession, such as (i) nuclear medicine, (ii) ultrasound and (iii) radiotherapy and (b) any post-graduate qualifications already accumulated, such as management certificates or degrees; if not, why not; if so, what are the relevant details?
Africa; if so, (a) on what basis, (b) since when and (c) on whose instruction NW1789?
whether his department intends conducting an audit on all the programmes offered at our 23 universities; if not, why not; if so, what are the relevant details NW1790?
whether any punitive measures have been taken; if not, why not; if so, (a) against whom and (b) what are the relevant measures that have been taken in this regard NW1791?
whether a system is in place that measures expenditure/allocations against road safety statistics; if not, why not; if so, what are the relevant details NW1792?
whether any outcomes have been achieved from the implementation of these plans; if not, when are the outcomes expected to become evident; if so, what are the relevant details NW1793?
whether he intends constructing a bicycle manufacturing plant; if not, why not; if so, whether a feasibility study has been undertaken in this regard; if not, why not; if so, what are the main (a) findings and (b) recommendations NW1794?
whether AARTO fine books have been issued to each person who wrote the specified tests or exams; if not, why not; if so, how long before or after their test was a fine book issued to each person NW1795?
what steps has his department taken to reduce the number of crashes NW1796?
whether investigations were launched into these specified incidents; if not, why not; if so, what were the main (a) findings and (b) outcomes of the investigation in each case NW1797?
whether any research has been conducted on the impact that the fee increase at each institution would have on the industry; if not, why not; if so, in each case, what (a) were the (i) findings and (ii) recommendations of the research and (b) are the further relevant details NW1798?
whether the National Heritage Council maintains a database of national heritage sites that are in private ownership; if not, why not; if so, what are the relevant details NW1799?
whether a certain private security company (name furnished) has been registered through the PSIRA; if so, whether a background check was run on the owner of the said company (name furnished); if not, why not; if so, (a) what is the position with regard to applications for registering the private security companies of persons against whom charges of conspiring to commit a cash-in-transit robbery have been laid and (b) what are the further relevant details NW1800?
Whether a certain person (name and details furnished) applied for a firearm license every year since 2007; if so, whether a firearm license was granted to the said person; if so, (a) why was this firearm license granted and (b) how can the decision to grant a firearm license to a person who is facing criminal charges be justified NW1801?
whether this government structure and/or municipality was informed of criminal charges against a certain member (name furnished) of the closed corporation prior to entering into any contract; if not, what is the position in this regard; if so, why did they enter into a contract despite this information NW1802?
how does his department ensure that all (a) end of life, (b) expired and (c) internationally recalled devices are no longer used NW1803?
whether any other medical device which has been recalled by the FDA is still used in South Africa; if so, (a) which devices and (b) what is the purpose of the device, in each case NW1804?
whether any health professional had more than one complaint against them in the specified period; if so, (a) what are their names, (b) how many complaints were brought against them and (c) what was the reason for each complaint NW1805?
Whether his department has been informed that the World Health Organisation's (WHO) International Agency for Research on Cancer (IARC) has classified radiofrequency electromagnetic fields under Group 2B, as possibly carcinogenic to humans; if not, what is the position in this regard; if so, what (a) action does his department intend taking in this regard and (b) are the recommendations contained in the report NW1806?
Whether the World Health Organisation (WHO) had invited his department to respond to the WHO survey of member states regarding public health pesticide registration and management practices; if not, what is the position in this regard; if so, why did South Africa not respond NW1807?
2008-09, (d) 2009-10 and (e) 2010-11 financial years (i) to be unsafe and (ii) not containing the exact proportions of ingredients as advertised; if so, in each case, (aa) which products, (bb) on what basis did the specified product fail the comprehensive inspection and (cc) what action was taken against the specified manufacturer?
How many people in his department are allocated to ensuring that all foodstuffs on the market are safe and that the public is not mislead, (b) what are their respective positions and at which laboratories are they situated NW1809?
whether any of these political parties received a special rate/discount for placing these advertisements; if so, (a) which political parties received a special rate/discount and (b) what is the total monetary value of this special rate/discount received by each political party NW1822?
(a) why did his department fail to employ a full-time financial manager in each case and (b) when will his department employ such a person in each case NW1811?
what action does he intend to take against councillors who do not resign their directorships of companies that are doing business with municipalities NW1812?
What are the names of the three suspects who have passed away according to a certain SA Police Service memorandum (details furnished), (b) when did each of these suspects pass away and (c) on what evidence or allegations were they considered to have been suspects in each case NW1813?
whether he has launched an investigation into this complaint; if not, why not; if so, what are the relevant details NW1814?
whether she has launched an investigation into this complaint; if not, why not; if so, what are the relevant details NW1815?
(a) which authority authorised the trading license of this product and (b) on what grounds is the term cheese allowed to be used for a nondairy product NW1816?
(a) which authority authorised the trading license of this product and (b) on what grounds is the term cheese allowed to be used for a nondairy product NW1817?
Whether an investigation into the sale and misrepresentation of products which contain fully hydrogenated fats and are passed off as genuine dairy products was carried out by the Commercial Branch of the SA Police Service; if not, what is the position in this regard; if so, what were the (a) findings and (b) outcomes of this investigation NW1818?
Whether the National Prosecuting Authority (NPA) carried out an investigation in 2010 into the sale and misrepresentation of products which contain fully hydrogenated fats and were passed off as genuine dairy products; if not, what is the position in this regard; if so, what were the (a) findings and (b) outcomes of the investigation NW1819?
Whether his department has made any plans to accommodate the expected influx of thousands of delegates to the 17th Conference of the Parties of the UN Framework Convention on Climate Change (COP17) in December 2011; if not, why not; if so, what (a) plans and (b) are the further relevant details NW1820?
whether the tender includes ongoing maintenance of the system; if not, why not; if so, for what specified period must the said company provide maintenance NW1821?
whether France was consulted with regard to (a) preparing and (b) lodging the claim; if not, what is the position with regard to dialoguing with France about this claim; if so, what are the details of the input made by France NW1825?
Whether general information technology controls relating to the social pension system have been designed to maintain the integrity of the information system and security of data; if not, why not; if so, what (a) was the purpose of its design and (b) are the further relevant details?
Whether the (a) manual and (b) automated control relating to social assistance grant expenditure has been designed to ensure that transactions are authorised and completely and accurately processed; if not, why not; if so, what (i) was the purpose of its design and (ii) are the further relevant details NW1827?
Whether any steps have been taken by the SA Social Security Agency (Sassa) to meet the demand for required skills for a computerised data quality management system; if not, why not; if so, (a) how do they intend to remedy the situation, (b) how does it affect the provision of comprehensive social services and (c) what are the further relevant details NW1828?
whether the CNBS have been invited by (a) his department or (b) any entity reporting to it; if so, (i) which entity and (ii) why have they been invited by this entity NW1829?
whether any steps will be taken against the municipalities that have not yet paid their outstanding debts; if not, why not; if so, what (a) steps and (b) are the further relevant details NW1830?
with regard to each category, what was the (a) range of fines or penalties that were imposed on the defaulting establishments and (b) total monetary value of fines or penalties imposed on all institutions NW1831?
with regard to each specified trip, (a) how many persons were in the delegation, (b) who formed part of the delegation, (c) what was the (i) departure date, (ii) return date and (iii) duration, (d) which destinations were visited and (e) what (i) were the total costs and (ii) is the breakdown of the costs NW1832?
Whether, with reference to her reply to question 1410 on 7 June 2011, she is able to provide the total individual tonnage of abalone harvested by each individual or entity rights holder during the period 1 July 2010 to 31 October 2010; if not, why not; if so, what was each individual (a) tonnage and (b) rights holder's allocation of the total allowable catch during the specified period NW1833?
Whether the pharmaceutical industry has been engaged/consulted by the Medicine Control Council with regard to recalling drugs in order to prevent future conflict with the National Consumer Council which has also been given the authority to recall drugs under the Consumer Protection Act, Act 68 of 2008; if not, (a) why not and (b) what measures will be put in place to ensure that this industry is engaged/consulted; if so, what (i) are the details of the engagement/consultations with the pharmaceutical industry and (ii) measure have been put in place to deal with this situation NW1834?
What is the total legal cost of introducing administration charges to the service sector education and training authorities (Seta) as mandated by him and (b) when does he envisage the implementation of the Code of Conduct that will regulate any conflicts of interests between Seta board members and managers NW1835?
whether the National Treasury intends introducing legislation that will enforce the appointment of such committees; if not, why not; if so, what are the relevant details NW1836?
What steps are currently being taken against the persons who have successfully been linked as the owners of the 98 derelict mines (details furnished) in order to ensure the successful rehabilitation of these mines NW1837?
whether the charge has been investigated; if not, why not; if so, what was the outcome of the investigation NW1838?
whether any former officials of her department have been found to have violated such restraint agreement; if so, (a) what is the name of each such official, (b) in what entity and/or (ii) capacity have they been found to have violated such restraint agreement, (c) when did each specified official violate such restraint agreement and what action has her department taken to enforce such restraint agreement in each case NW1839?
whether his department intends discussing the conclusions of the WHO study with the Department of Environmental Affairs; if not, why not; if so, what are the relevant details NW1840?
Whether her department has reviewed a new study by the World Health Organisation (WHO) into the possible effects of radiofrequency electromagnetic fields on humans as included in a certain press release on 31 May 2011 (copy furnished); if so, what are the relevant details; if not, whether her department intends reviewing environmental impact assessment regulations pertaining to the erection of cell phone masts and base stations in light of this study; if not, why not; if so, what are the relevant details NW1841?
whether he will make a statement on the status of developments of financial mechanisms to promote renewable energy investments considering that he had previously set February 2011 as the target date for the release of procurement documentation; if not, why not; if so, when NW1842?
Whether South Africa participated in the latest World Health Organisation (WHO) survey on public health pesticide registration and managemant practices by WHO member states; if not, why not; if so, what are the relevant details NW1843?
what are the main challenges facing the established catchment management agencies and (b) when is it envisaged that all catchment management agencies will be fully operational NW1844?
With reference to the publication of the diagnostic report, (a) how much was budgeted for the consultative approach, (b) how long will the process take and (c) when will the Vision 2030 document be ready NW1845?
What (a) are the relevant details of the contracts which her department have entered into with suppliers with regard to the installation of one million solar water heaters (SWHs) as part of its SWH roll-out programme set for completion in 2014, (b) are the names of the companies with which the contracts have been signed, (c) is the value of each contract and (d) are the further relevant details NW1847?
Whether the Government intends to grant an extension on the R1,8 billion guarantee to Denel's subsidiary Denel Saab Aerostructures (DSA); if not, what is the position in this regard; if so, (a) for how long, (b) on what terms and (c) what measures will be put in place to ensure that the company is turned around NW1849?
Whether the Government intends to sell the Denel subsidiary Denel Saab Aerostructures (DSA) in light of the increased losses that have been experienced by the entity; if not, what is the position in this regard; if so, what are the relevant details NW1850?
Whether his department will disclose details of the violent strikes that erupted at the Kusile and Medupi Power Plants in May 2011; if not, what is the position in this regard; if so, (a) how many working hours were lost, (b) what was the total cost of the strike, (c) what damage was caused by protestors and (d) how will the strikes affect the project deadlines NW1851?
Whether the SA Police Service consulted with the Department of Labour and all the relevant stakeholders regarding the implementation of the new shift system for officials working at the criminal record centres; if not, why not; if so, what has he found are the (a) advantages and (b) disadvantages of the new shift system NW1852?
whether police offices at various police stations have been informed about the provisions of this section; if not, why not; if so, what are the relevant details NW1853?
Whether all senior managers have submitted their financial disclosure forms before the 2011 deadline; if not, why not; if so, (a) who did not submit their disclosure forms and (b) what disciplinary action will be taken against these specified managers NW1854?
Whether the Government has taken all necessary measures to combat the entry of the new sub-strain of e-coli that was identified in Germany recently; if not, why not; if so, what are the details of the Government's (a) preparedness and (b) plans to deal with the threat NW1855?
What are the reasons for not implementing the renewable energy feed-in tariff (Refit) programme NW1856?
Questions standing over from Wednesday,23 March 2011.
Monitoring and Evaluation as well as Administration in the Presidency.
â59. The Leader of the Opposition (DA) (p 15)-President of the Republic.
â127. Adv L H Max (DA) (p 28)-Defence and Military Veterans.
â131. Adv L H Max (DA) (p 29)-Home Affairs.
Evaluation as well as Administration in the Presidency.
â201. Ms B C Blaai (Cope) (p 42)-Correctional Services.
â220. Ms N P Gcume (Cope) (p 47)-Social Development.
â279. Adv L H Max (DA) (p 62)-Defence and Military Veterans.
â496. Adv L H Max (DA) (p 120)-Home Affairs.
â518. Mrs D Robinson (DA) (p 124)-Minister in the Presidency: Performance Monitoring and Evaluation as well as Administration in the Presidency.
â569. Ms N P Gcume (Cope) (p 151)-Social Development.
â582. Ms M Smuts (DA) (p 154)-Higher Education and Training.
â653. The Leader of the Opposition (DA) (p 169)-Public Works.
â751. Ms N P Gcume (Cope) (p 214)-Social Development.
â763. Ms B C Blaai (Cope) (p 217)-Correctional Services.
â764. Ms B C Blaai (Cope) (p 217)-Correctional Services.
â816. Adv L H Max (DA) (p 229)-Home Affairs.
â1014. Adv A de W Alberts (FF Plus) (p 333)-Public Service and Administration.
â1072. Ms D Carter (Cope) (p 347)-Agriculture, Forestry and Fisheries.
â1076. Ms B C Blaai (Cope) (p 377)-Women, Children and People with Disabilities.
â1077. Ms B C Blaai (Cope) (p 377)-Women, Children and People with Disabilities.
â1078. Ms B C Blaai (Cope) (p 377)-Correctional Services.
â1083. Adv A de W Alberts (FF Plus) (p 514)-Energy.
â1149. The Leader of the Opposition (DA) (p 394)-Public Works.
â1150. The Leader of the Opposition (DA) (p 473)-Public Works.
â1155. Ms B C Blaai (Cope) (p 420)-Women, Children and People with Disabilities.
â1156. Ms B C Blaai (Cope) (p 420)-Women, Children and People with Disabilities.
â1157. Ms B C Blaai (Cope) (p 421)-Women, Children and People with Disabilities.
â1211. Mrs N W A Michael (DA) (p 433)-Minister in the Presidency: Performance Monitoring and Evaluation as well as Administration in the Presidency.
â1275. Ms B C Blaai (Cope) (p 475)-Women, Children and People with Disabilities.
â1294. Adv A de W Alberts (FF Plus) (p 479)-Finance.
â1362. Mr N J J van R Koornhof (Cope) (p 525)-Minister in the Presidency.
â1381. Ms B C Blaai (Cope) (p 528)-Women, Children and People with Disabilities.
â1412. Adv A de W Alberts (FF Plus) (p 536)-Public Service and Administration.
â1413. Adv A de W Alberts (FF Plus) (p 537)-Labour.
â1414. Adv A de W Alberts (FF Plus) (p 537)-Water and Environmental Affairs.
Ms S K Plaatjie (Cope) (p 564)-Science and Technology.
Ms B C Blaai (Cope) (p 564)-Women, Children and People with Disabilities.
Ms B C Blaai (Cope) (p 565)-Women, Children and People with Disabilities.
Ms D Carter (Cope) (p 565)-Rural Development and Land Reform.
Ms D Carter (Cope) (p 566)-Rural Development and Land Reform.
Adv L H Max (DA) (p 571)-Correctional Services.
Adv L H Max (DA) (p 571)-Defence and Military Veterans.
Adv L H Max (DA) (p 572)-Home Affairs.
Adv A de W Alberts (FF Plus) (p 603)-Health.
Adv A de W Alberts (FF Plus) (p 604)-Arts and Culture.
Adv A de W Alberts (FF Plus) (p 604)-Sport and Recreation.
<fn>GOV-ZA.3492601En.2012-02-10.en.txt</fn>
The Council met in the Old Assembly Chamber at 14:00.
[14:01] The Chairperson announced that the Order Paper has been amended by the replacement of motions with a snap debate in memory of the late Professor Kader Asmal.
[14:02] Orations of condolences on the death of Professor Kader Asmal: In Memory of a Fearless Advocate for Freedom, Human Rights and Justice.
Policy Debate on Budget Vote No 30: Environmental Affairs, Appropriation Bill [B 3 - 2011] (National Assembly - sec 77). Debate concluded.
The Council adjourned at 16:00.
<fn>GOV-ZA.3492611En.2012-02-10.en.txt</fn>
Education and Recreation 2190 2.
The Bill has been referred to the Select Committee on Appropriations of the National Council of Provinces.
Government Notice No 401 published in Government Gazette No 34264 dated 5 May 2011: Area demarcated by Municipality of eThekwini as urban development zone, in terms of the Income Tax Act, 1962 (Act No 58 of 1962).
Government Notice No 421 published in Government Gazette No 34286 dated 12 May 2011: Exemption in terms of section 36, in terms of the Division of Revenue Act, 2011 (Act No 6 of 2011).
Government Notice No R.406 published in Government Gazette No 34272 dated 13 May 2011: Amendment of Schedule No 5 (No 5/92), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R.436 published in Government Gazette No 34294 dated 20 May 2011: Amendment of Schedule No 4 (No 4/340), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R.437 published in Government Gazette No 34294 dated 20 May 2011: Amendment of Schedule No 6 (No 6/22), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 501 published in Government Gazette No 34350 dated 8 June 2011: Notice in terms of Section 1 (iii) (f), in terms of the Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000).
Government Notice No R. 502 published in Government Gazette No 34350 dated 8 June 2011: Preferential Procurement Regulations, 2011 , in terms of the Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000).
Report of the Portfolio Committee on Water and Environmental Affairs on Proposed Water Tariff Increases for 2010, as adopted by the House on 18 November 2010.
Referred to the Portfolio Committee on Water and Environmental Affairs.
Petition calling for a moratorium on hydraulic fracturing, submitted in terms of Rule 312 (Mr G R Morgan).
Referred to the Portfolio Committee on Mineral Resources for consideration and report.
Report of the Portfolio Committee on Labour on the progress made by the Department of Labour towards attaining the 2014 Millennium Development Goals (MDGs), dated 21 June 2011 1.
The Portfolio Committee on Labour, together with other affected committees, received a directive from the House Chairperson: Committees, Oversight & ICT in February 2011 to report by the end of May or the first week in June 2011 on its interactions with the Department of Labour and/or its entities on the progress made towards achieving the MDGs. This report was, therefore, compiled in response to the above-mentioned directive.
MDGs in relation to labour policy and industrial relations.
On MDG 1, which is to eradicate extreme poverty and hunger, the department's target was to achieve full and productive employment and decent work and to halve the proportion of people whose income was less than 1 dollar per day. Of the 11,3% of people who were living below 1dollar per day in 2000, there had been a reduction by 5% in 2006. The poverty gap was 3,2% in 2000. This gap had since been reduced to 1,1%.
On MDG 3, which is to promote gender and equality and empower women, the department's target was to promote equity in the labour market. On MDG 6 which dealt with combating HIV and Aids, malaria, and other diseases and on MDG 8 which aimed to develop global partnerships for development, the department's target was to address the special needs of the least developed countries and to further develop and implement strategies for decent and productive work for youth in co-operation with developing countries.
In relation to MDG 3, which is to promote gender and equality and empower women, the key result area under this programme was to promote equity in the labour market. The inspection and enforcement services had implemented the Employment Equity Act since its promulgation by conducting inspections. Employment road shows have been undertaken to create awareness and assist employers in reporting.
On MDG 1, the key result area was the protection of vulnerable workers. Workers in the agricultural and domestic sectors have been identified as vulnerable workers for the department's intervention. Sectoral determinations which set minimum employment conditions and wages in these sectors have been promulgated and implemented.
On MDG 7, the key result area was to strengthen social protection. Occupational health and safety regulations were promulgated and implemented in line with the Occupational Health and Safety Act. The department was working with other government departments to ensure the protection of the environment and workers.
On MDG 1, the key result area under this programme was the contribution to employment creation. The target was to halve the proportion of people between 1990 and 2015 who suffered from hunger. As at December 2010, a total of 497 714 jobseekers were registered and placed in opportunities in different categories. A total of 401 479 jobseekers were referred for career guidance, work placement, and skills development. A total of 13 928 unemployed people were assessed for job opportunities and 1 294 were placed. Nineteen companies were assisted through the Department of Labour and the Department of Higher Education and Training with the lay-off scheme. A total of 6 351 workers benefited from the scheme. An amount of R681 000 was budgeted to address the plight of people with disabilities for the 2010-2011 financial year.
A total of 230 companies were assisted through workplace challenge programme.
Eighty three companies were assisted with turnaround solutions and future forums were established.
A total of 2 245 SMME managers were trained on management and matters related to intellectual property.
A total of 8 226 jobs were saved through social plan interventions.
At the end December 2010, 52 853 women were assisted to access employment services. In a quest to eradicate extreme poverty and hunger, 64 615 young people had been assisted to access the employment services.
Western Cape 486 2.
South Africa had increased the real wages of workers covered by sectoral determinations for the period 2001 to 2010, particularly the wages of domestic workers and farm workers. The employment in sectors covered by the minimum wage legislation also grew significantly over the same period. The overall employment of workers under the this legislation had grown at a rate of 2,9% per annum from nearly 3,5 million in 2001 to over 4 million in 2007. The extension of collective agreements to non-parties has yielded better outcomes. As a result of this, the average wage settlement has been 2% higher than the inflation rate. This indicated that the living standards of workers had improved. The lowest income of an unskilled worker in South Africa when compared to 1 dollar per day was 9 dollars per day. This implied that the lowest income for the lowest paid worker in the bargaining council system across all sectors was above 1 dollar per day.
On the top management level, women constituted 18,2% in 2008 and 19% in 2010.
On the senior management level, women constituted 28,3% in 2008 and 29,3 % in 2010. There was no major improvement, but there was movement in the right direction.
On MDG 6, which is to combat HIV and Aids, the technical guidelines were published in 2000 and 2001 respectively.
The progress in key areas like poverty reduction, employment creation and most health-related goals remained a challenge. The department wanted to improve national capacity to monitor and report on the MDGs. This would include strengthening the national statistics system.
The reason for companies to employ foreign nationals while the local people were unemployed.
Relationship between the MDGs and the APRM There could be a relationship between the MDGs and the APRM since they were speaking to each other. However, more work needed to be done in this regard.
Placing job seekers in real jobs The biggest challenge was that the majority of people had lower skill levels. Some jobs required specialised skills and people who were registered did not possess such skills. The challenge was not unique to South Africa. This was due to the fact that technology advanced everyday. Few jobs were available to accommodate people with lower skill levels.
Registered jobs A total of 7 300 people were formally placed in permanent employment. The large number of people with skills but without matric certificates were being placed mostly on extended public works-related jobs.
Specific area of focus by the Department of Labour The contribution of the Department of Labour towards the MDGs was a broader issue because it worked with other departments in achieving other goals. The Department of Labour contributed to a number of components at national, provincial and local levels.
Division of functions In terms of the Skills Development Act, functions were divided among the Department of Labour and the Department of Higher Education and Training. The training function was transferred to the Department of Higher Education and Training and the employment service function remained with the Department of Labour.
Preference for foreign employees Monitoring of and studies on the employment patterns would be required to establish reasons why companies preferred foreign workers. The Department of Labour had committed itself to study trends around this matter. There were meeting with SADC to discuss these matters because they affected international communities. Employers also worked with SADC regions to put measures in place to stop the exploitation of workers, irrespective of their nationality. International conventions had been drafted to address this challenge.
While the department was commended for a job well done regarding the sectoral determination for the protection of vulnerable workers, the Committee sought reasons why some companies in South Africa preferred foreign workers to local people. The Committee expressed concern at the fact that closing the wage gap was not yielding the results in terms of reducing poverty, that some South African companies were exploiting foreign workers and that South African workers were not benefiting from cross-border trade.
Much progress has been achieved in meeting the MDGs through the Department of Labour's programmes.
Unemployment benefits have contributed to reducing transient poverty among the retrenched and unemployed workers.
Public employment programmes have played a role in providing temporary employment, especially in times of economic stress.
Labour market policies can create an environment for job creation, productivity and wage growth. As a result, job creation/wage growth raises and smooths consumption and contributes to improved health status.
There is a need to support informal workers in the form of skills and access to markets to enhance their productivity.
Support to organisations of workers leads to greater empowerment.
Policies against discrimination ensure that women and the disabled have equal access to employment.
Labour inspection is an essential part of the labour administration system in carrying out the fundamental function of labour law enforcement and effective compliance.
In order to contribute towards this target, the Committee recommends that the Department of Labour must fast-track the review extension of social protection to certain categories of workers who are currently not covered by unemployment insurance. These include public servants, migrant workers and the youth registered for learnerships.
Furthermore, the Department needs to amend the relevant legislation to ensure that vulnerable workers such as domestic and farm workers were covered as beneficiaries in the Compensation Fund, as they are currently not covered by the Compensation for Occupational Injuries and Diseases Act (COIDA).
In light of the slow progress in meeting national targets to empower women within the workplace, the Committee recommends that the department must accelerate implementing stricter regulations as promulgated by proposed employment equity amendments.
Subsequent to decentralisation of employment equity enforcement services to the Inspectorate Services of the department, the department must ensure that inspectors are fully equipped, through training, to oversee compliance with employment equity targets.
The department must continuously strive to improve institutional capacity to prevent discrimination in the labour market. In doing so, it must ensure that the Inspectorate and Enforcement Services are capacitated as well.
The Committee recommends that the department must ensure that occupational health and safety regulations are promulgated and implemented through effective enforcement services.
The department must consider close partnerships with the private sector and the trade unions in promoting health and safety issues, especially on HIV/Aids.
Furthermore, the Departments of Labour and of Health should work together in advocacy activities and in sharing skills and strategies in responding to HIV/Aids in the workplace.
The Department of Labour must strengthen SADC regional partnerships, as relations within this region have a direct impact on South Africa's development. As such, Parliament must actively participate in regional forums that would have a direct impact on the country's labour policy development.
South Africa, being a labour-receiving country, should deliberate on migrant labour challenges and work towards reaching progressive agreements to address challenges faced by migrant workers in the SADC region, as this has a direct impact on the country's labour policy development.
Parliament must ensure that government delivers on decent employment in order to curb growing inequalities in society. Through oversight, Parliament should ensure that departments and entities align their programmes with the decent work agenda.
Through oversight, Parliament must ensure the institutional capacity of the Department of Labour to prevent discrimination in the labour market.
Although sheltered employment factories play a positive role in equipping disabled people, they have the potential to unnecessarily isolate individuals from the rest of their community. Rather than lessening obstacles to employment for persons with disabilities, this segregation actually contributes to lowered expectations and negative public attitudes. As a result, Parliament, through joint oversight by committees, should ensure that policies encouraging active participation of disabled people not only focus on sheltered employment, but also on employment in the mainstream economy.
Parliament must ensure that the Department of Labour monitors employment trends within the informal sector. It should further ensure that policies recognise and improve conditions in the informal economy, where most poor women and men earn their livelihoods, as these policies are critical to poverty reduction.
Through proper oversight and monitoring, Parliament must ensure that labour market policies can create an environment for job creation, productivity and wage growth. The Portfolio Committee on Labour must conduct oversight and hold joint meetings with other committees that fall under the economic transformation cluster, such as Economic Development, to ensure an alignment of employment legislation and other economic promotion strategies.
Parliament recognises the country's state of skills and that South Africa faces challenges of serious skills shortages in a number of critical fields. The Committee also acknowledges the work of government and other stakeholders in addressing these challenges. Furthermore, the Committee recognises that due to these challenges, certain employers actively recruit and hire foreign nationals to circumvent specific labour regulations such as minimum wages and other related regulations, as these foreign workers are desperate to accept below minimum standard employment conditions. As a result, South African citizens are regularly victims of this preference for non-citizens, which leaves them desperate for employment. As a result of this trend, the Committee intends to hold a joint meeting with the Portfolio Committee on Home Affairs to address issues relating to immigration and ensure that labour policy is aligned to immigration policies.
The Select Committee on Education and Recreation, having considered the subject of the Basic Education Laws Amendment Bill (B 36B - 2010) [National Assembly - sec 76(1)], referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 36C- 2010].
<fn>GOV-ZA.3493411En.2012-02-10.en.txt</fn>
whether her department has made any recommendations in this regard; if not, what is the position in this regard; if so, (a) what were the recommendations and (b) why CW276?
whether any action will be taken against the said person; if not, why not; if so, (a) what action and (b) when CW299?
whether the Government will sell off these locomotives to generate income; if not, why not; if so, what are the relevant details CW305?
Whether his department has any measures in place to ensure that when the R550 billion rail infrastructure programme goes out to tender, only those who had not previously benefited from any form of broad-based black economic empowerment (BBBEE) programmes will receive priority consideration; if not, why not; if so, (a) what measures and (b) how will his department ensure greater black empowerment equity CW306?
Whether he will (a) heed the call from organised labour for the suspension of new appointments at Denel and Eskom and (b) allow a proper process of consultation with all stakeholders in this regard; if not, why not; if so, what are the relevant details in each case CW307?
Whether the appointment of certain persons (names furnished) to the Board of Denel may constitute conflict of interests as a result of their personal business interest in the Defence sector; if not, what is the position in this regard; if so, what are the relevant details CW308?
(a) at what stage of training will the human rights orientation be introduced to SAPS members and (b) when will this be rolled-out CW310?
Whether his department will launch a national police hotline where bad, abusive and corrupt conduct of SA Police Service members can be reported as is currently in operation in Gauteng; if not, why not; if so, (a) when will this be launched in other provinces and (b) what are the further relevant details CW311?
whether the 40 000 hectares planted with grain crops (details furnished) form part of the specified 1,5 million hectares of high-potential agricultural land; if not, what is the position in this regard; if so, (a) where in the former Transkei and Ciskei are the 40 000 hectares located and (b) what are the further relevant details CW313?
Mr D B Feldman (COPE-Gauteng) (p 99)-Minister in the Presidency: Performance Monitoring and Evaluation as well as Administration in the Presidency.
<fn>GOV-ZA.3494411En.2012-02-10.en.txt</fn>
The House met at 14:09.
[14:10] Notices of motion.
recognises that this meeting follows the success of the South African HIV/Aids programme which made ground breaking progress to treatment, testing, antiretroviral prices, tuberculosis and the re-engineering of the primary health care system; and applauds the effort of all involved in the global fight against HIV/Aids.
appreciates his sterling contribution to the struggle for liberation and the attainment of freedom and democracy; and extends its heartfelt condolences to the family of Prof Asmal, friends and comrades in the ANC and the Alliance.
[14:58] The Chief Whip of the Majority Party moved that the House, notwithstanding the resolution it adopted on 17 March 2011, extends the deadline by which the Ad Hoc Committee on Protection of Information Bill has to report, to 23 September 2011.
[15:04] The Chief Whip of the Majority Party, with leave, amended his motion and moved: That the House supports, in principle, the extension of the term of office of Justice S S Ngcobo as Chief Justice of the Republic of South Africa.
Agreed to (Inkatha Freedom Party dissenting).
Mrs D M Ramodibe, as Chairperson of the Committee, introduced the Report.
The Chief Whip of the Majority Party moved: That the Report be adopted subject to the omission of Recommendation 10.8, namely: ''That the Public Protector affords Ms Gasa another opportunity to be heard, and thereafter reports to the National Assembly.'
Report, as amended, accordingly adopted.
Nominations accordingly agreed to in accordance with section 196(8)(a) of the Constitution.
(National Assembly - proposed sec 75).
Assembly - sec 77.
Bill read a first time (Democratic Alliance dissenting).
Vote No 1 - Presidency - put.
Congress of the People.
Vote No 2 - Parliament - put.
Vote agreed to (Democratic Alliance and Independent Democrats dissenting).
Vote No 3 - Cooperative Governance and Traditional Affairs - put.
Vote agreed to (Democratic Alliance, Freedom Front Plus, dissenting).
Vote No 4 - Home Affairs - put and agreed to.
Vote No 5 - International Relations and Cooperation - put.
Vote No 6 - Performance Monitoring and Evaluation - put.
Congress of the People dissenting.
Vote No 7 - Public Works - put.
Vote No 8 - Women, Children and People with Disabilities - put.
Democratic Party and African National Congress.
Vote agreed to (Democratic Alliance, African Christian Democratic Party and Independent Democrats dissenting).
Declaration of vote made on behalf of the Congress of the People.
Freedom Front Plus, African Christian Democratic Party and Independent Democrats dissenting.
Vote No 10 - National Treasury - put.
Vote No 11 - Public Enterprises - put and agreed to.
Vote No 12 - Public Service and Administration - put.
Vote agreed to (Democratic Alliance and Independent Democrats dissenting). Vote No 13 - Statistics South Africa - put and agreed to.
Vote No 14 - Arts and Culture - put and agreed to.
Vote No 15 - Basic Education - put.
Vote No 16 - Health - put.
Vote No 17 - Higher Education and Training - put.
Vote No 18 - Labour -put.
Vote No 19 - Social Development - put.
Vote No 20 - Sport and Recreation South Africa - put.
Independent Democrats dissenting.
Vote No 21 - Correctional Services - put and agreed to.
Vote No 22 - Defence and Military Veterans - put.
Vote agreed to (Independent Democrats and Democratic Alliance dissenting).
Vote No 24 - Justice and Constitutional Development - put.
Vote No 25 - Police - put.
Division demanded.
Vote No 26 - Agriculture, Forestry and Fisheries - put.
Congress of the People and African National Congress.
Vote No 27 - Communications - put and agreed to.
Vote No 28 - Economic Development - put.
(Democratic Alliance and Independent Democrats dissenting).
Vote No 29 - Energy - put.
Vote No 30 - Environmental Affairs - put and agreed to.
Vote No 31 - Human Settlements - put.
Declarations of vote made on behalf of the Democratic Alliance and African National Congress.
Vote No 32 - Mineral Resources - put.
Vote No 33 - Rural Development and Land Reform - put.
Vote No 34 - Science and Technology- put and agreed to.
Vote No 35 - Tourism - put and agreed to.
Vote No 36 - Trade and Industry - put.
Vote No 37 - Transport - put.
Vote No 38 - Water Affairs - put.
(National Assembly - sec 77).
The House adjourned at 20:52.
<fn>GOV-ZA.3494551En.2012-02-10.en.txt</fn>
Appropriations 2224 2.
Appropriations 2224 3.
The strategic plan of the National Youth Development Agency (NYDA) was tabled on the 09 March 2011 and referred to the Portfolio Committee on Women, Children, Youth and People with Disabilities on the 01 June 2011 for consideration and report. The Committee engaged with the National Youth Development Agency on this matter on the 23 March 2011.
The Chief Executive Officer (CEO) of the NYDA presented the strategic plan of the NYDA.
Category 1 was identified as youth who were unskilled and unemployed. These were identified as young people who may have passed matric or dropped out of school but with no vocational skills.
Category 2 was identified as youth who were skilled and unemployed, employed but unskilled and those in skills programmes.
Category 3 was identified as skilled and employed and those in self employment.
National Youth Service and Social Cohesion Promote youth social dialogue and create opportunities for young people to serve their communities.
Objectives: -To promote opportunities for young people to serve their communities. -To create a platform for young people to participate in and benefit from democratic processes. -To develop capacity building materials for youth development practitioners. -To create and support social networks. -To benefit young people.
Economic participation -To enhance the participation of young people in the economy through targeted and integrated programmes.
Objectives: -To provide business support to young people. -To provide financing support to young entrepreneurs. -To provide employment opportunities to young people -To design and implement specific interventions for women and persons with disabilities in rural areas.
Policy, research and development -Developing a body of knowledge and best practice in the youth development sector to inform and influence policy development, planning and implementation.
Objectives: -To develop IYDS and guidelines for the implementation of youth development programmes. -To identify annual national youth development priorities -To promote, lobby and advocate for a uniform approach by all sectors on matters relating to youth development. -To conduct research and evaluations -To inform policy and programmes -To provide inputs on policies and legislation by government and other relevant structures.
Training and development -To promote, facilitate and provide training and development opportunities to young people to enhance their socio - economic well being.
Objectives: -To facilitate education opportunities in order to improve access to quality education.
To facilitate and implement technical, entrepreneurship and life skills training programmes. -To provide and facilitate capacity building of youth development practitioners. - To facilitate youth development work as a recognised profession.
Youth Advisory and Information Services - To ensure access for youth to information about various interventions aimed at improving the living condition of young people including information and career guidance service to young people.
Objectives: -To provide career guidance services -To provide access to information regarding products and services of the NYDA and referrals to other agencies.
National Youth Fund - To establish a mechanism to enable the NYDA to raise funds for purposes of advancing and implementing programmes aimed at improving the livelihoods of the youth.
Objectives: -To plan and set up the National Youth Fund -To mobilise and leverage financial assistance to small, micro, medium enterprises and cooperatives owned by youth.
Governance - To ensure that NYDA operations comply with applicable legislation and regulations governing a schedule 3A institution.
Objectives: -To ensure compliance with all applicable statutes and policies -To implement systems and processes to increase the recoverability of defaulting loans.
The NYDA identified national youth service, economic participation and social cohesion, education, training and skills development, youth advisory and information services and national youth fund as the key priorities for 2012 - 2014.
155 000 young people would be involved in the NYS project to provide them with an opportunity to serve their communities whilst gaining skills and training through projects facilitated by NYSU.
Further 111 640 young people would be engaged on the NYDA funded NYS projects.
26 600 youth would be supported with Business Consultancy Vouchers; business opportunities support services and mentorship.
14 050 companies would be registered through the programme of assisting youth by having their companies registered with CIPRO.
281 entrepreneurs would be assisted to access funds through the voucher program.
R331 million business opportunities will be sourced for BOSS deals, voucher support and mentorship.
R243 280 million would be set aside to be accessed by youth owned small and medium enterprises.
89 089 of jobs would be created through various NYDA programmes ranging from business consultancy vouchers, business opportunities support services and mentorship programmes.
The National Youth Development Agency would enrol 8,000 youth to rewrite grade 12 exams through its matric rewrite programme. The organisation would provide 293,900 youth with various skills covering critical areas such as business management, life and job preparedness skills.
NYDA would provide over 1, 6 million with group career guidance.
The organisation would work in partnership with other stakeholders to raise over R480 million which would go into the National Youth Fund.
NYDA key performance areas, indicators and targets for 2011/12 - 2013/14 5.
The goal of the programme is to promote youth social dialogue and create opportunities for young people to serve their communities.
The objective is to promote opportunities for young people to serve their communities. The NYDA intends to reach 10 000 youth to serve their communities through NYDA funded projects for 2011/12, 48 400 for 2012/13 and 53 240 for 2013/14. The organisation also intends to reach 40 000 youth for 2011/12, 55 000 for 2012/13 and 60 000 for 2013/14 to serve their communities through National Youth Service Unit registered projects.
The objective is to create a platform for young people to participate in and benefit from democratic processes. The organisation intends to ensure that 8 local municipalities in 2011/12, 30 local municipalities in 2012/13, and 30 local municipalities in 2013/14 are assisted to establish youth councils. Fifteen local municipalities in 2011/12, 30 local municipalities in 2012/13 and 2013/14 would be mobilised to participate in elections. Four dialogue sessions per year would be hosted for the period 2011-2014 with young people. For 2011-2014, 500 young women per year would be mobilised for the celebration of Women's Month and towards 16 Days of Activism campaign. 10 000 youth per year would participate in Youth month celebrations.
The objective is to develop capacity building materials for youth development practitioners. The organisation would ensure that three programme support materials per year would be developed for the period 2011-2014. The organisation would also develop and implement a curriculum for youth development training for the period 2011 - 2014.
The objective is to create and support social networks to benefit young people. The organisation would ensure 300 volunteer mentors participate in mentorship programmes for 2011-12, 400 volunteers for 2012-2013 and 500 volunteer mentors in 2013/14. The organisation will provide opportunities for 400 young people to participate in the buy youth campaign for 2011/12, 500 young people for 2012/13 and 600 for 2013/14 on the same campaign.
The goal is to enhance the participation of young people in the economy through targeted and integrated programmes.
The objective is to provide support to young people. The organisation would ensure that 3 500 young people would be supported with Business Consultancy Vouchers, business opportunities services and mentorship in 2011/12, 11 000 in 2012/13 and 12 100 in 2013/14. NYDA would ensure that 2 500 new companies owned by young people would be registered with CIPRO through business support voucher issuance in 2011/12, 5500 in 2012/13 and 6050 in 2013/14. 50 young entrepreneurs would be assisted to access funding and business opportunities through voucher programmes, business support programmes and mentorship in 2011/12, 110 in 2012/13 and 121 in 2013/14. The organisation would ensure that R50 million would be accessed by voucher recipient, Business Opportunities Support Programme and mentorship in 2011/12, R110 million in 2012/13 and R121 million in 2013/14. R100 million for 2011/12 and 2012/13 would be the value of business opportunities sourced for BOSS deals, voucher support and mentorship per year and R121 million would be committed for 2013/14 on the same programme.
The objective is to provide financing support to young entrepreneurs. The organisation would ensure that 6 enterprises are financed for the 2011/12 financial year, 10 enterprises for financial year 2012/13 and 15 enterprises for 2013/14. 300 beneficiaries would be supported through social enterprise financing for the 2011/12 financial year, 500 beneficiaries for 2012/13 and 750 beneficiaries for 2013/14. NYDA will provide R10 million finance to social enterprises for financial year 2011/12, R8 million for 2012/13 and R12 million for 2013/14. The organisation would also provide 9 000 loans to micro enterprises for financial year 2011/12, 38 375 loans for 2012/13 and 55 625 for 2013/14. R16, 6 million would be issued to youth owned micro enterprises for financial year 2011/12, R76 million for 2012/13 and R118 million for 201/14. NYDA would provide 40 loans to SMEs for financial year 2011/12, 193 loans for 2012/13 and 212 loans for 2013/14. The organisation would issue R40 million loans to youth owned small and medium enterprises for financial year 2011/12, R96 800 million for 2012/13 and R106 480 million for financial year 2013/14.
The objective is to provide employment opportunities for young people. The organisation will create 2000 jobs through Business Consultancy Vouchers, business support services and mentorship programmes for financial year 2011/12, 11 000 jobs for financial year 2012/13 and 12 100 jobs for 2013/14. 430 jobs would be created through social enterprises financing for 2011/12, 3 600 jobs for 2012/13 and 5 040 for 2013/14. 280 jobs would be created through SMEs financing for 2011/12, 2 420 jobs for 2012/13 and 2662 jobs for 2013/14. The organisation would create 9000 jobs through Micro finance lending in 2011/12, 13 337 jobs in 2012/13 and 17 380 jobs in 2013/14. 1 200 jobs would be facilitated through placements in job opportunities for financial year 2011/12, 3 600 jobs placements in 2012/13 and 5 040 jobs placements in 2013/14.
The objective is to design and implement specific interventions for women, persons with disabilities and youth in rural areas. The NYDA would undertake 16 interventions to ensure that young women, youth with disabilities and in rural areas participated in economic projects for financial year 2011/12, 20 interventions in 2012/13 and 30 interventions in 2013/14. The organisation would also commit R3, 6 million for economic participation projects provided to young women, youth with disabilities and youth in rural areas for financial year 2011/12, R2 million for 2012/13 and R3 million for 2013/14.
The goal is to develop a body of knowledge and best practice in the youth development sector to inform and influence policy development, planning and implementation.
The objective is to develop the Integrated Youth Development Strategy (IYDS) and guidelines for the implementation of youth development programmes. The organisation would ensure that the IYDS is adopted by the NYDA Board and Cabinet in 2011/12. It would also evaluate the protocol of the IYDS in 2011/12 and produce one evaluation report in 2013/14.
The objective is to identify annual national youth development priorities. The organisation would submit a list of national youth development priorities to the Office of the President.
The objective is to promote, lobby and advocate for a uniform approach by all sectors on matters relating to youth development. The organisation would ensure that it had established 15 partnership with governments, civil society and private sector in 2011/12 and 2012/13 per year and 25 partnerships in 2013/14. The organisation would lobby 5 departments to establish Youth Directorates in 2011/12 and 2012/13 per year and 6 Youth Directorates in 2013/14.
The objective is to conduct research and evaluate policy and programme interventions. The organisation would submit the final draft status of youth report to the Office of the President in 2011/12, the status of youth report in 2012/13 and submit the recommendations implemented report in 2013/14. By 2011/12, the organisation intended to produce 6 research project reports, 15 research reports in 2012/13 and 2013/14. The organisation would also produce 24 publications on youth development in 2011/12 and 15 publications in 2012/13 and 2013/14 per year.
The objective is to provide inputs on policies and legislation by government and other relevant structures. The organisation would submit 6 submissions of written youth development related policies and legislation to relevant Departments in 2011/12 and 7 submissions in 2012/13 and 2013/14 per year. NYDA will also attend 10 Portfolio Committee meetings in 201/12, 2012/13 and 2013/14 per year.
The goal is to promote, facilitate and provide training and development opportunities to young people to enhance their socio-economic wellbeing.
The objective is to facilitate education opportunities in order to improve access to quality education. The organisation would enrol 2000 young people to rewrite Grade 12 exams in 2011/12 and 6000 young people in 2012/13. The organisation would also provide 5 000 young people with entrepreneurship and business management skills in 2011/12, 35 000 in 2012/13 and 50 000 in 2013/14.
The objective is to facilitate and implement technical, entrepreneurship and life skills training programmes. 500 youth would be provided with technical skills training in 2011/12, 1 650 in 2012/13 and 2750 in 2013/14. 10 000 young people would be provided with job preparedness training in 2011/12, 27 000 in 2012/13 and 37 800 in 2013/14. The organisation would provide 2000 young people with life skills training in 2011/12, 27 000 youth in 2012/13 and 37 800 in 2013/14. NYDA would also enrol 200 youth in Youth Building South Africa projects in 2011/12, 400 youth in 2012/13 and 600 youth in 2013/14. 1NYDA will ensure that 10 000 youth attend entrepreneurship awareness programmes for 2011/12, 2012/13 and 2013/14. 300 youth will attend Buy Youth Campaign training in 2011/12, 400 youth in 2012/13 and 500 youth in 2013/14.
The objective is to provide and facilitate capacity building of youth development practitioners. The organisation would train 13 facilitators in life skills in 2011/12, 60 facilitators in 2012/13 and 84 facilitators in 2013/14 and in job preparedness and youth practitioners in career guidance. The organisation would also launch the Centre for Youth Development Practice.
The objective is to facilitate youth development work as a recognised profession. The NYDA would develop and approve 2 unit standards towards Youth Work Qualification in 2011/12 and 2012/13 financial years and full unit standards in 2013/14. The organisation would ensure that 10 youth practitioners obtain credits for Youth Work Qualification in 2011/12, 15 youth practitioners in 2012/13 and 20 youth practitioners in 2013/14.
The goal is to ensure for youth information (rephrase sentence) about various interventions aimed at improving the living conditions of young people including information and career guidance to young people.
The objective is to provide career guidance services. 2, 600 would be provided with individual career guidance information for the financial year 2011/12, 82 800 for 2012/2013 and 115 920 for 2013/14. The estimated number of young people who would be provided with group career guidance information was 397 000 for financial year 2011/12, 540 000 for 2012/13 and 756 000 for 2013/14.
The objective is to provide access to information regarding products and services of the NYDA and referrals to other agencies. The organisation would ensure 500 000 young people received information and referrals from the NYDA access point. For 2011/12, 1 000 000 for 2012/13 and 1100 000 for 2013/2014. 140 000 interactions with young people would be made through the NYDA call centre for 2011/2012, 155 000 for 2012/2013 and 170 000 for 2013/2014. The NYDA would publish 20 publication beneficiaries stories for 2011/12, 2012/13 and 2013/2014 per year.
Goal The goal is to establish mechanisms to enable the NYDA to raise funds for purposes of advancing and implementing programmes aimed at improving the livelihoods of the youth.
The objective is to plan and set up the National Youth Fund. The framework for financial assistance and policies and procedures to manage the Fund should be approved by the NYDA Board in 2011/12.
The objective is to mobilise and leverage financial assistance to small, micro and medium enterprise and cooperatives owned by youth. The organisation would ensure that R30 million would be raised from the private sector for the National Youth Fund in 2011/12, R60 million in 2012/2013 and R70 million in 2013/14. The organisation would ensure that R60 million would be raised through partnership for the National Youth Fund in 2011/12, R120 million in 2012/13 and R140 million in 2013/14.
The objective is to provide financial support to projects initiated by youth. R20 million would be invested in youth initiated projects in 2011/12, R30 million in 2012/13 and R40 million in 2013/14.
The goal is to ensure that NYDA operations comply with applicable legislation and regulations governing schedule 3A institutions.
The objective is to ensure compliance with all applicable statutes and policies. The organisation would ensure that for 2011-2014, adequate strategic risk register and adequate controls opinion based on internal audit will be established.
The objective is to implement systems and processes to increase the recoverability of defaulting loans. The organisation would ensure that 20% of loan defaulters would be decreased in all loan books in 2011/12, 30% decreased in 2012/13 and 40% decreased in 2013/14.
The National Youth Development Agency had been allocated R1 218 428 billion for the financial year 2011 - 14. R425 676 million had been allocated for the financial year 2011/12. The budget would be used for operational costs excluding employee costs, capital expenditure, loans and investment and core programme direct funding intervention. R442 961 million would be used for financial year 2012/13 and R462 405 for financial year 2012/13 on the same programmes.
The Committee observed that the NYDA's budget averaged between R380 and R420 million per year over the next three years and was concerned about how the NYDA intended to meet its increased targets, e.g. KPA 2: economic participation: number of loans in year 1 = 9000, year 2 = 38 375, value of loans in year 1 = R40 million, year 2 = R96, 8 million.
The Committee was concerned that more than 50% of the budget was earmarked for compensation of employees and questioned whether that allocation should not be on funding programmes instead.
The Committee noted that the Key Performance Areas had changed and were different to that stipulated in the Annual Report for 2009/10.
The Committee noted that the NYDA was in partnership with other organisations in terms of programmes offered and was concerned as to the type of partnership entered into.
The Committee reiterated its concern regarding the matric rewrite programmes. The Committee queried as to which Provinces were covered with regards to 8000 matriculants in the rewrite programme. In addition, the NYDA was questioned whether it had a relationship with the Department of Education in terms of the matric rewrite programme.
The Committee observed that the NYDA offered loans to provide business support to young people and was concerned as to whether the NYDA charged interest on loans and where the money went to.
The Committee noted that the NYDA would create 89 089 jobs and was concerned as to how the NYDA would monitor and evaluate that target.
The Committee noted that the NYDA would facilitate and implement technical, entrepreneurship and life skills training programmes to young people and raised the issue of artisan training for young people.
The Committee noted that the NYDA's policies overlapped with other Government Departments' policies and was concerned as to whether the NYDA was in partnership with other Government Departments in implementing its programmes.
The Committee questioned whether the NYDA was not in fact duplicating programmes currently rendered by other Departments.
The Committee was unclear as to who the NYDA had signed performance agreements with.
The Committee observed that 155 000 young people would be involved in the National Youth Service project. However, the Committee was unclear as to what the role of the NYDA was in that regard and specifically whether it would be monitored and evaluated.
The Committee noted with concern that the Integrated Youth Development Strategy (IYDS) would take a year to be approved by the NYDA Board and Cabinet. That was seen as unacceptable.
The NYDA's budget allocation to people with disabilities and ensuring access of youth from rural areas to schools with regards to transport was a concern.
The Committee was unclear as to what criteria were used to attain the various targets articulated by the NYDA in terms of geographical location within provinces and gender.
The NYDA must ensure greater focus and commitment to youth with disabilities and youth living in rural areas to bring to fruition government's objectives in relation to these target groups.
The NYDA must ensure that its proposed programmes must speak to all aspects of its mandate and that requisite budgetary allocations are made for the implementation of these programmes.
The NYDA needs to provide detail with regard to who they have established partnerships with, as well as the nature of these partnerships.
In terms of the Matric re-write programme, the NYDA must provide the Committee with more clarity on the type of partnership entered into with the Department of Basic Education.
The NYDA must provide the Committee with disaggregated data of the beneficiaries of its programmes, i.e. in terms of province, gender, age, etc.
In terms of the dispensing of loans for SMME's, the Committee requests that more detail is provided regarding the sustainability of proposed business ventures and loan repayments hereto.
The NYDA must promote youth skills development through artisan training.
The NYDA must provide the Committee with the performance agreements they have entered into.
The NYDA must expedite the finalisation and implementation of the Integrated Youth Development Strategy.
The NYDA must guard against duplicating programmes already being implemented in other government departments.
The NYDA must guard against over-expenditure on employee compensation which could impact on the poor implementation of programmes resulting in inefficient service delivery.
Having deliberated on the strategic plan and budget of the NYDA, the Committee thanked the NYDA for the presentation and members for interacting with the youth.
Report of the Select Committee on Appropriations on the Appropriation Bill [B3-2011] (National Assembly- section 77), dated 24 June 2011.
The Select Committee on Appropriations, having considered the Appropriation Bill [B3 - 2011], referred to it, and classified by the JTM as a section 77 Bill, reports that it has agreed to the Bill without amendments.
Report of the Select Committee on Appropriations on the Third Quarter Spending on the Devolution of Property Rate Funds Grant in the 2010/11 Financial Year, dated 22 June 2011.
The Select Committee on Appropriations (the Committee) convened a hearing on the spending levels on the Devolution of Property Rate Funds Grant for the third quarter of the 2010/11 financial year. This emanated from the provincial expenditure report published by National Treasury on 3 March 2011.
The hearing took place on Tuesday, 24 May 2011, in Committee Room V119 at Parliament.
The hearing formed part of the Committee's ongoing interaction with provinces to monitor their spending patterns on conditional grants. A framework for each grant sets out the purpose of the grant, measurable objectives, conditions, allocation criteria, and past performance among other things.
The department's spending plan on the Grant.
The Committee invited four provincial departments of public works (from Eastern Cape, Gauteng, Limpopo, and KwaZulu-Natal) and the national Department of Public Works (DPW). In addition, National Treasury was requested to make a presentation. All invited provinces honoured the invitation except KwaZulu-Natal.
National Treasury highlighted the third quarter spending on this Grant, but also included the fourth quarter figures, as these had already been published.
Overall, provincial departments of public works had spent only 49.7 per cent of the total adjusted Grant budget by 31 December 2010. Gauteng, at only 0.5 per cent, had spent the least, followed by KwaZulu-Natal at 40.9 per cent, Eastern Cape at 47.4 per cent and Limpopo at 50.0 per cent.
There was a year-on-year improvement in overall spending of 29.7 per cent, with the Western Cape showing 296.4 per cent growth in spending, and Mpumalanga 48.1 per cent. The year-on-year spending in two provinces had declined by 98.9 per cent in Gauteng and 2.8 per cent in the Northern Cape.
Municipalities were still experiencing challenges with timeous submission of invoices to provincial departments, specifically in the Eastern Cape, Gauteng, KwaZulu-Natal and the Northern Cape.
Provincial asset registers in respect of immovable assets were still not finalised in most provinces.
National Treasury and the Department of Public Works had convened a task team to deal with the issue of registering and managing immovable government properties.
The progress made by certain provinces (notably the Western Cape and KwaZulu-Natal) with various inter-governmental forums between the province and municipalities must be assessed and there must be a transfer of best practices and lessons learned.
It would be prudent for provinces to institute project plans, containing timeframes and augmented by progress reports, whereby the process of registering and valuing provincial properties could be addressed.
The provincial department of Public Works in Limpopo had a total adjusted budget of R15.154 million for the 2010/11 financial year. They province did not agree with National Treasury that they had only spent R7.
(50.0 per cent) of their budget at the end of the third quarter. They indicated that they had proved to the Provincial Treasury that the expenditure actually stood at R11.275 million (74.4 per cent) at the end of the third quarter. In response National Treasury indicated that they believed their figure of 50.0 per cent to be a true reflection of the spending as at 31 December 2010. The Department was requested to revert back to the Committee within seven days of the meeting with the correct information on the disputed figure. The discrepancy had been a result of a system error which resulted in a payment to one municipality not being fully effected. Once the error was identified, the province attempted to correct the entry, however Provincial Treasury had already extracted the report from the Basic Accounting System (BAS). The provincial Department had managed to pay municipal rates for 658 of the properties.
391 properties could not be processed due to insufficient budget.
The province had spent R14. 730 million (97.2 per cent) of the budget by the end of the 2010/11 financial year.
The provincial department did not receive invoices from municipalities for all the properties on the list received from the national Department of Public Works. Where properties were being billed, incorrect invoices led to delays in payment by the department.
In the 2008/09 financial year, a list of 3 557 properties had been devolved from the national Department of Public Works. Of this number, the DPW had only been paying bills for 869, while the balance of 2 688 properties had to be reconciled and verified. The reconciliation process had confirmed 2 269 properties. The rural nature of the province posed a major challenge to the process of asset re-identification and verification. In addition, there had been problems with the service provider who had been assisting in the process, and the matter was under arbitration.
In order to address the key challenge of coordination between the department and the municipalities, a coordinating forum had been established.
In order to avoid delaying progress by waiting for the legal process with the service provider to be completed, an alternative strategy had been devised to complete the asset verification process. The department had approached the provincial local government department for permission to make use of community development workers and ward committees. The department was in the process of designing a module for a one day workshop to train them and enable them to assist with the verification of the properties within their wards. The ward lists will be compared with the current asset register and properties not reflected accurately could be surveyed and valuated. The department had set itself the target of completing this process by the end of the 2011/12 financial year.
The total allocation of R283.429 million to the provincial Department of Public Works included the amount of R135.962 million that had been rolled over from the previous year. Of this allocation, the province had spent R134.372 million (47.4 per cent) at the end of the third quarter. The Department had managed to pay municipal rates for 7 303 of the 14 632 devolved properties.
8 properties the province had not been able to verify.
By the end of the financial year, R220.539 million (77.8 per cent) had been spent. The Department requested that the balance of R62.800 million be rolled-over to deal with the backlog of payments on certain properties.
The financial management capacity of municipalities remained a challenge. This had led to various problems, including late, incorrect and manual invoicing and payments not being correctly allocated. Invoices also did not distinguish between rates and taxes and municipal services. In addition, the devolution took place based on an unaudited and unverified immovable asset base. The department was being invoiced for rates and taxes on private property, property owned by National Government and property owned by the municipalities themselves. These errors were not being corrected by municipalities and continued to reflect as debt-owed by the department. This had led to significant discrepancies between amounts reported as outstanding by municipalities and by the department.
The province experienced difficulty in the rural areas where most of the properties billed are located on unsurveyed and unregistered land. The Rates Act did not make provision for payment of rates and taxes on unsurveyed or unregistered land even though there were schools, hospitals and clinics on this land. The department required a legal opinion on whether it was liable for these payments.
When the function was devolved on 30 June 2008, there had been certain amounts due by the national Department of Public Works. Municipalities did not transfer these outstanding balances to a separate account, but charged them to the province. The province was being charged interest on the outstanding balances of the national Department of Public Works as at 1 July 2008. The total outstanding amount claimed by various municipalities amounted to R10.678 million. However, this amount had not been audited and, as a result of factors like changes in management and billing systems, municipalities had not been able to present supporting documents to prove these outstanding amounts. As a result, some sort of intervention was required.
A strategically focused Municipal Finance Unit had been established and three managers and eight assistant managers had been appointed. The managers were supported by nine administrative officials. This unit was dedicated to all activities relating to municipalities. The province had been divided into three regions, with each manager dedicated to a group of municipalities and responsible for the resolution of queries, the processing of payments and the reconciliation of accounts.
The province was in an advanced stage of completing its Generally Recognised Accounting Practices (GRAP) compliant immovable asset register.
Shorten the payment turnaround process due to reduced verification procedures.
Of the total allocation of R294.457 million for the 2010/11 financial year, the provincial Department of Infrastructure Development had spent only R1.475 million (0.5 per cent) by the end of the third quarter. By the end of the financial year, R213.336 million (72.5 per cent) had been spent. This represented a year-on -year decline in spending of 19.1 per cent. No invoices had been submitted during the financial year by the Lesedi, Nokeng Tsa Taemane and Westonaria municipalities, resulting in the R10.267 million that had been allocated to them being under-spent. In addition, no Grant funds had been allocated to the Kungwini Municipality, as the Department had not received any indication of what was due to this municipality.
Municipalities often submitted invoices late, or not at all. In addition, incorrect billing occurred as a result of incorrect valuations of property. Informing municipalities of the mistakes and waiting on revised valuations resulted in late payment. The province had also given its projected expenditure figures to National Treasury based on submissions by municipalities, only to find that the invoices ultimately received were less than originally indicated by municipalities, leading to further underspending.
The asset register of the provincial department of infrastructure development was not up to date. Properties often did not match the department's asset register although municipalities were certain that the properties belonged to the province. Furthermore, the list of devolved properties from the national Department of Public Works stood at 8 279 properties. Residential properties had however not been included on the list and were therefore not included in the rates and taxes invoices.
Various forums had been established to improve the cooperation with municipalities. There was continuous political engagement with municipalities through the Premier's co-ordinating council, where SALGA was also represented. The chief financial officer (CFO) of the department met bi-annually with the CFO's of the various municipalities. In addition, the head of the department regularly wrote letters to all municipal managers to urge them to submit invoices timeously.
The province was updating its asset register at the time and had set itself the deadline of 2014 for the completion of the asset verification process. In terms of residential properties, a project was undertaken in conjunction with the national Department of Public Works, 753 residential properties had been registered thus far. Discussions were underway to include these on the devolved property list. The list would subsequently be sent to the respective municipalities for billing.
78.0 per cent of the Grant allocation during the 2008/09 financial year. In 2009 provinces had been allowed to use about 4 per cent of the Grant for capacity building within the departments to manage the Grant. In the 2009/10 financial year there had been an improvement of 1.0 per cent, bringing the expenditure to 79.0 per cent. The Department had expected a greater improvement in the 2010/11 financial year, and if one looked at the expenditure against the payment schedule for 2010/11, the provinces had spent almost 84 per cent of the budget. However, as the figure was influenced by the roll-overs received by provinces, the actual expenditure was only 78 per cent.
According to the Department, there is not a focused, concerted effort in all provinces to establish a credible asset register, even though the Department had urged all provinces to budget for this.
Due to lack of capacity and inefficient billing systems, municipalities do not bill provinces effectively for rates and taxes. Provinces needed to provide assistance to municipalities in this regard.
According to the Department, the amount of money devolved was based on the properties that national had previously been paying for. Now new properties were being discovered by provinces and this created a challenge, as the Department did not have the extra cash to pay for these. National Treasury would have to be asked to assist in this regard.
The Department acknowledged that a number of provinces had been experiencing problems around the issue of vesting and registration. Legal intervention was required in cases where, for example, there were schools or clinics on land that belonged to a municipality and a province was expected to pay rates and taxes, even though the land was not registered.
All provinces needed to make a concerted effort to compile comprehensive, credible asset registers. Once the asset registers were complete and reconciled with the municipal valuation rolls, better projections would be possible, and the municipalities could be assisted more effectively. The Department was working closely with National Treasury to revise the sector guidelines. This would assist in standardising asset registers by providing consistency in defining properties.
The Department was working closely with SALGA to assist low capacity municipalities. Some of the challenges, like retrospective billing, interest charges and unfair rates, had been escalated to the MINMEC meetings.
The Department encouraged all provinces to actively participate in the Provincial/Municipal Debt Management Forums. It was within these forums that issues like the incorrect allocation of payments could be addressed.
A task team consisting of the national Department of Public Works, the provincial Departments of Public Works, the Department of Rural Development and Land Reform, the Deeds Office and the Surveyor-General had been established. This team is working to fast track the process. Although 32 contract workers had been deployed to the regional offices to assist with processing documents for vesting, this was not enough when one considered the backlog of properties to be registered. If the Department's deadline of finalising the vesting process by 2013 was to be achieved, additional capacity would be required both within the Department and the Department of Rural Development and Land Reform.
The Department had called a meeting with the CFO's of all provincial departments to start a process whereby the budget would be reviewed timeously. A way had to be found for provinces to declare savings on time when they realised that they would be spending less than they had projected.
The Department was engaged in a process to improve the way that provinces reported to the Department and to the national and provincial treasuries, in line with the Division of Revenue Act. This would serve to eliminate inconsistencies and to manage the Grant more effectively.
8.1 Low expenditure against this Grant is still attributed to challenges existing in the municipal sphere, such as low capacity within municipalities, incorrect invoicing practices related to the application of taxes and rates, late or non-submission of invoices and incomplete valuation rolls and property verification.
8.2 The lack of complete and credible asset registers in most provinces remains a contributory factor to the low expenditure on this Grant.
8.3 Some intergovernmental forums have proved successful in resolving some of the capacity issues at municipal level, which have resulted in improved expenditure, for example, KwaZulu-Natal and the Western Cape.
8.4 The issue of government properties such as schools and clinics etc. on un-surveyed unregistered land was brought to the attention of the Committee by the Eastern Cape provincial Department of Public Works. The problem is that the Rates Act does not make provision for payment of rates and taxes on properties that are located on unsurveyed or unregistered land and therefore the department is seeking a legal opinion on this matter.
Outstanding municipal bills prior to devolution of properties from the national sphere to the provincial sphere, has become problematic for some provinces, as their current allocations do not make provision for this outstanding debt.
9.1 The national Department of Public Works should ensure that provinces institute project plans containing timeframes and submits progress reports on those projects, whereby the process of registering and valuing provincial properties could be addressed. The progress report should be submitted to the National Council of provinces within 120 days after the adoption by the House.
9.2 The national Department of Public Works should intervene and resolve the issue regarding outstanding municipal bills prior to devolution of properties.
9.3 The national Department of Public Works should take steps to ensure that best practices and lessons learned in improving expenditure by the provinces of the Western Cape and Kwazulu-Natal, are transferred to other provinces.
9.4 The Gauteng's provincial Department of Infrastructure Development should submit to the House, a detailed Action Plan on how the Department will resolve the billing issue relating to municipalities that have been reported to the Committee to be "non-responsive". They should further report on the billing issues in the Lesedi, Nokeng Tsa Taemane and Westonaria municipalities and specifically the non-allocation of grant funding to the Kungwini Municipality. These reports should be submitted to the National Council of Provinces within 60 days after the adoption of this report by the House.
Report of the Select Committee on Appropriations on the third quarter spending patterns on the Community Library Services Grant for the 2010/11 financial year, dated 22 June 2011 1.
The Select Committee on Appropriations (the Committee) invited six provincial departments of Arts and Culture, who under-spent on the Community Library Services Grant, to come and make a presentation on their third quarter spending in the 2010/11 financial year. The statistics on spending patterns were published by National Treasury in March 2010.
The meeting took place on 25 May 2011 and was held in Committee Room E249 in Parliament, Cape Town.
The public hearings formed part of the Committee's ongoing interaction with provinces to monitor their spending patterns on conditional grants allocated to them. A framework for the grant sets out the purpose of the grant, measurable objectives, conditions, allocation criteria, and past performance among other things.
Lastly provincial departments were expected to indicate whether they or did not deviate from their 2010/11 business plans on the grant.
The provincial departments of Arts and Culture of Eastern Cape, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape and North West were identified and invited. All provincial departments, except Mpumalanga and Limpopo, honoured the invitation.
The National Treasury was invited to brief the Committee on the third quarter spending of the above-mentioned provincial departments.
The National Treasury and the provinces of Northern Cape, Eastern Cape, North West and KwaZulu-Natal made their presentations as follows:.
The National Treasury reported that, for the third quarter of the 2010/11 financial year, the adjusted budget had been R561. 061 million and the total projected outcome, R507. 822 million. They added that at the end of the third quarter provinces had spent R300. 383 million or 53.5 per cent. Only the Province of Limpopo had projected an over-spending of R6. 384 million.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 80â2011 amounts to R59. 623 million (that is R39. 371 million for Eastern Cape, R8. 211 million for Mpumalanga and R12. 041 million for Northern Cape).
The National Treasury reported that audited outcomes of the third quarter in 2009/10 financial year showed that provinces had spent R281. 178 million of the R460. 832 million adjusted budget. Therefore, National Treasury presented that in comparing year-on-year growth with the third quarter in the 2009/10 financial year; provinces had spent 6.8 per cent more in the third quarter of the 2010/11 financial year. Moreover, the National Treasury highlighted that preliminary audit outcomes of the 2010/11 financial year indicated that provinces had spent R493. 274 million or 87.9 per cent of the adjusted budget. Added to that, National Treasury said provinces had under-spent by R67. 787 million or 12.1 per cent of the adjusted budget. On a year-on-year comparison, National Treasury reported that provinces as at 31 March 2011 had spent R417. 993 million or 18.0 per cent more as compared to the 2009/10 financial year audit outcomes.
Eastern Cape: There is slow progress on the Mdantsane library project. The explanation given was that provincial officials had cited misunderstandings with the local community as leading to delays in the project.
Limpopo: The upgrading of projects and the purchasing of library material had been delayed due to slow appointment of service providers which suggested challenges in the internal supply chain management or poor planning.
Mpumalanga: This province had also struggled to manage its internal supply chain processes, as well as contractor performance.
North West: The province was clearly recovering from a low spending performance, but execution of planned projects was still very slow (late appointment of contractors), despite funds having been made available for capacity building that included staff.
The National Treasury further reported that though the mentioned challenges were due to supply chain management regulations; these regulations were necessary. The National Treasury explained that in order to safe-guard the use of public funds, supply chain regulations demanded that proper processes and planning were adhered to. However, it was clear that provinces could manage these processes in a more efficient manner. The National Treasury submitted that reports highlighted delays in the supply chain management processes in Eastern Cape, Free State, Limpopo, Mpumalanga and North West; and much of the shortfalls involved infrastructure upgrades and new buildings.
Furthermore, the Committee was informed that various initiatives and support systems were currently being implemented by the National Treasury to improve the situation.
The Financial Management Improvement Plan.
Donor funding for these and other programmes was being sourced and the development aid process would be integrated into the budget process going forward.
The National Treasury informed the Committee that the success of these initiatives would be greatly improved by more attentive provincial management, as well as stronger leadership and oversight by accounting officers over community library programmes.
The National Treasury concluded that the disjuncture between the functional assignment of the libraries function (Schedule number 5A) and the current municipal operation of libraries presented challenges to provincial departments. Therefore, while SLAs between municipalities and provinces had temporarily assisted in the management of the function, certain provinces (especially KZN and Western Cape) had embarked on the provincialisation of the function, and this was likely to simplify the management of libraries.
The provincial Department of Arts and Culture of the Northern Cape (PoNC) reported that its final appropriation for 2010/11 had been R77. 314 million and the actual amount spent had been R35. 297 million or 45.7 per cent. The PoNC reported that it had projected to spend R51. 647 million. The projected budget had aimed to cover compensation of employees (R6. 431 million); goods and services (R24. 461 million); transfers and subsidies (R7. 346 million); and payment of capital assets (R13. 409 million). Above all, the PoNC submitted unaudited financial outcomes for the financial year that ended on 31 March 2011. The province indicated that at the end of the 2010/11 financial year it had spent R61. 364 million or 79.4 per cent of its financial appropriation (R77. 314 million). The PoNC, reported that their allocation was reduced by R12. 048 million as per Government Gazette number 34 192 of 4 April 2011 due to under expenditure in the 2009/10 financial year.
The PoNC reported that the reasons for under-spending R15. 042 million on the current payments line-item included delays in recruitment by the human resources unit and payment of service providers by the finance section. Under-spending of R301 000 on line-item transfers and subsidies had been due to non-compliance by municipalities to regulatory and reporting requirements. Added to that, the PoNC reported that underspending of R1. 007 million on payments on capital assets had been mainly because there delays had been experienced in infrastructure projects and the Information Communication and Technology (ICT) rollout.
When asked about other reasons for under-spending, the PoNC reported that having vacancies for two financial years at critical positions like Director of Finance, Finance Manager, and Supply Chain Manager had further contributed to under-spending on the Grant. The appointment of these candidates were, however, in progress and it would be finalised before 01 July 2011. They added that transfer of the roll-over had only been processed around 15 December 2010 and at that time construction businesses had been closed for the holidays.
With respect to service delivery targets per project at the end of the third quarter, the PoNC reported that it had targeted to commence constructing one new library but it had failed to meet its target. The PoNC added that it had targeted to employ 190 new employees but only 125 had been employed, no levels were indicated. On project training and development, the PoNC submitted that it had planned to train or develop two employees but seven had been trained or developed. With respect to outreach and promotion projects, the PoNC said it had reached its target of five planned promotional projects. On providing support to municipalities, the PoNC presented that of the annual target of providing support to 28 municipalities, 22 had received transfers. With respect to the Information Communication Technology (ICT) roll-out, 114 libraries had been targeted but none had been provided with Information Communication Technology (ICT). Lastly, the PoNC reported that it had targeted to spend R100 000 on new material for libraries but had only spent R6 200 as at the end of the third quarter.
Not all transfers to municipalities had been executed due to non compliance with requirements.
Delays had been experienced in the delivery of library material from suppliers.
With regards to monitoring of transfers, the PoNC reported that monthly progress reports were submitted by municipalities and district offices conducted regular visits to municipalities to ensure adherence to the business plans. Therefore, when municipalities did not comply with business plans, interventions were made to ensure compliance through correspondence and meetings were convened with the municipal officials concerned.
The PoNC reported that among the factors that contributed to underspending was the fact that infrastructure projects were normally done through third parties -such as the provincial Department of Roads and Public Works for infrastructure projects and SITA for ICT projects. Also mentioned by the PoNC was that municipalities had experienced capacity constraints, resulting in non-submission or late submission of correct and compliant business plans.
Provide IT infrastructure maintenance to 86 points.
Furthermore, the PoNC reported that there had been no deviations from the 2010/11 financial year business plan. The business plan had been amended to utilise projected under-spending in compensation of employees on three projects: the liberation struggle heritage legacy book project; the Management Information System; and solar panels for containers.
The provincial Department of Arts and Culture of the Eastern Cape (PoEC) reported that it had an adjusted budget of R82. 163 million, which includes an allocation of R77. 240 million plus a roll-over of R4. 923 million. The projected budget had been aimed to cover compensation of employees (R11. 920 million); goods and services (R27. 444 million); transfers and subsidies (R1.000 million); building and other fixed structures (R29. 685 million) and machinery and equipment (R7. 191 million). The PoEC said that, for the third quarter, it had budgeted to spend R23. 800 million but the actual spending had been R8. 141 million, therefore they had under-spent by R15. 659 million.
Improve library infrastructure and services that reflect the specific needs of the communities they serve. Since the inception of the grant , 79 libraries have been renovated and this has improved library usage as these libraries are now accessible.
Transform and equip library and information services meant for all rural and urban communities.
Improve co-ordination and collaboration between national, provincial and local government on library services.
Improve a culture of reading.
Improve staff capacity at urban and rural libraries to respond appropriately to community knowledge and information needs. Qualified librarians had been employed and deployed to public libraries. Operational hours of libraries had since improved with 55 per cent because libraries were now open eight hours a day as a result of the additional staff appointed.
With regards to delivery indicators and targets per project at the end of the third quarter, the PoEC reported that it had targeted to upgrade and rehabilitate nine libraries but only two libraries had been upgraded due to the outcome of a court case in KwaZulu-Natal (Case No 10878/2009). The PoEC added that it had targeted to provide ICT infrastructure to seven libraries; maintain automated library facilities in 100 libraries; install tattle-tape detection and Closed-Circuit Television (CCTV) security systems in 17 libraries; and provide furnishings to 11 libraries. All these targets had been met. With respect to a new and updated library collection, the PoEC reported that it had purchased and distributed 40 000 books. On improvement of reading culture and capacitating of staff at urban and rural libraries, targets had been met.
When the Committee expressed its displeasure about the under-spending, the PoEC explained that many factors had contributed to the under-spending.
A high staff turn-over due to conditions of employment - appointment only on contract.
Conditional grant staff should be incorporated into the equitable share to ensure sustainability and continuity.
When asked by the Committee how it monitors the spending of the Grant funds, the PoEC explained that it had a monitoring and evaluation unit under its Strategic Planning Management component that was assisting in ensuring that projects were done according to plans (Business Plan, Annual Performance Plan and Operational Plan) and reporting was done monthly and quarterly. Added to that, In-Year-Monitoring was done internally to check the spending patterns against cash-flow projections. These reports were then sent to the provincial and national treasuries through the national Department of Arts and Culture (NDAC). Moreover, the PoEC submitted that monthly and quarterly reports were submitted to NDAC and quarterly reviews were also held with NDAC. The PoEC further explained that the Grant had its administration unit, which included a Project Manager, Acquisitions Officer and an Administrative Officer.
With respect to achievements, the PoEC reported that, the design for the Mt Ayliff library had been finalised and a tender for constructing it had been advertised. On Mdantsane Library, the PoEC reported that the conflict with the community regarding the steering committee had since been resolved and the project was started in December 2010. The Committee was further informed that all tenders for containers; outdoor learning equipment and detection systems had been awarded. Furthermore, the PoEC reported that all 88 libraries targeted for ICT infrastructure had been cabled and provided with computers, internet and e-mail facilities.
The PoEC concluded that the high priority in the province was provision of infrastructure to all libraries but unfortunately infrastructure projects were not implemented as fast as they would like. The PoEC added that since the inception of the Grant they had managed to upgrade a total of 64 (sixty four) libraries. The PoEC further explained that the infrastructure field was too technical and it had been outsourced to implementing agents (provincial Department of Public Works and COEGA).
The provincial Department of Arts and Culture of North West (PoNW) reported that in the 2010/11 financial year its allocation was R59. 275 million, with a rollover of R13. 433 million. The PoNW said the total allocation, R72. 708 million, for 2010/11 was allocated according to Grant priorities and only R34. 534 million or 47.5 per cent had been spent. The PoNW submitted that for the third quarter R15. 917 million had been transferred to the province and R14. 108 million had been spent.
With regards to service delivery targets per project at the end of the third quarter, the PoNW reported that it had met most of the targets. However, they had targeted to establish one mini-library to service visually impaired people, but failed to meet this target due to new procurement procedures that had been introduced. The PoNW added that they had targeted to upgrade infrastructure in four libraries but only backlogged projects from 2009-2010 had been upgraded. With respect to improvement of ICT infrastructure, the PoNW submitted that they had planned to install open source software in five libraries, but no software had been installed in the targeted libraries. With respect to providing library containers to three targeted municipalities, the PoNW said it had not finalised the procurement process by the end of the third quarter due to the slow process of adjudication. With regards to organising literacy campaigns, the PoNW presented that they had targeted to organise five campaigns, but only managed to arrange two.
Involve Early Childhood Development Educators in the programme.
With regard to reasons for under-spending, the PoNW reported that poor management of supply chain management processes had led to delays in implementing certain projects. The two major projects affected had been the Mamusa Library project and the Lebaleng Library project. The province added that Mamusa project funds had been transferred to the local municipality but the project was yet to be finalised. As a result, the PoNW had appointed internal auditors to investigate and compile a report on how the municipality had spent the Grant funds. If the municipality was found to have spent Grant funds on irrelevant projects, they would be forced to refund the province. The Committee was told that the Lebaleng project was at roof-level but no additional funds would be provided.
Delays with filling of vacancies.
The implementation of capital projects had been delayed by local municipalities who had failed to appoint consultants and contractors on time.
The PoNW had taken a decision to take over building projects of community libraries from municipalities. The provincial Department of Public Works, Roads and Transport would serve as implementing agent. Local municipalities who had shown commitment would be allowed to finish the projects already in progress.
The provincial Department of Arts and Culture of KwaZulu-Natal (PoKZN) reported that for the 2010/11 financial year it had been allocated R38. 282 million plus a roll-over of R4. 992 million from the previous year for underexpenditure on infrastructure. Therefore the total allocation was R43. 274 million and the actual amount received was R37. 692 million because the fourth tranche of R5. 582 had been withheld. As at the end of the third quarter of financial year 201/11, the province spent R19.145 million or 44.2 per cent according to National Treasury.
Enter into a partnership with eThekwini Metro and the Carnegie Corporation for the building of a new city library for Durban.
With regards to key outcomes, the PoKZN reported that there had been increased usage of libraries. Quantitative data had been collected from head counting systems installed in 50 libraries, where usage had been higher than membership and circulation of books. The PoKZN added that there had been an increased usage by adult students in the mornings. Lastly, the province submitted that capacitating community members with computer skills had increased interest in library and internet services.
The Mbazwana Library/Depot which was a R31 million project, had experienced delays due to an underperforming contractor. The contractor had finally been dismissed mid-2010 for consistent poor performance and a new tender to finalise had been awarded.
Delays in procurement of furniture and equipment for Mbazwana Library further affected expenditure.
The PoKZN presented that monitoring of Grant spending was conducted through compiling monthly financial data reports and quarterly reports which were submitted to national Department of Arts and Culture and the Provincial Treasury on a regular basis. The Committee was informed that review meetings with the national Department of Arts and Culture were held quarterly. The PoKZN reported that internal auditing on conditional grant spending was an ongoing exercise. The PoKZN added that Evaluation Committee meetings and ProvincialTreasury bi-lateral meetings were convened. The PoKZN concluded that there was a regular monthly monitoring inspection by the provincial coordinator who had been appointed by the national Department of Arts and Culture.
With regards to the monthly reporting by municipalities, the PoKZN reported that all transfer payments made by the department to municipalities were supported by signed memorandums of agreement. Moreover, a monthly reporting template was sent to all municipalities and there was a dedicated staff member assigned to regularly make follow-ups with municipalities. The template showed improvement on compliance and reflected annual transfers only approved together with proof of expenditure of previously transferred funds. Furthermore, the PoKZN submitted that visits to all local municipalities would be conducted between April and June 2011 before the start of the new municipal financial year.
The PoKZN concluded that the Grant had allowed for great strides to be taken in the transformation of community libraries, as proposed in the Library Transformation Charter. The PoKZN concluded that community libraries had a significant role to play in the development of human capital, alleviation of poverty and the upliftment of society.
The national Department of Arts and Culture (NDoAC) informed the Committee that severe inconsistencies had been picked up in 2008 between how municipalities spent grant funds and the objectives of the grant. The Department further said that infrastructure projects were complex in nature; they involved planning which required the involvement of all affected stakeholders, and a time frame of three years. The NDoAC explained that the first year was for planning and drawing up of specifications of projects; the second year for implementation of projects and the third year for finalising the project.
The NDoAC informed the Committee that they supported provinces and when challenges were identified, provinces were allowed to amend their business plans to ensure that under-spending was curbed. The NDoAC said provinces were constantly advised to use their discretion on whether or not to transfer funds to municipalities, if there were indications that a municipality did not have the capacity to manage infrastructure development. However, the Committee did not agree with this submission. The Committee cautioned the NDoAC that withholding funds should be a last resort and this could only be done after the third quarter.
When asked how they planned to assist and resolve challenges that provinces had submitted, the NDoAC reported that site visits and road shows to provinces would be strengthened. These would also be done when there were indications that provinces were under-spending. The NDoAC further said it was trying to create a platform for provinces to share library resources. Moreover, the NDoAC indicated that best practices were continuously shared by provinces and National Treasury was assisting in this regard.
5.1 There are challenges which persist within provinces with respect to the supply chain management processes and they appear to be caused by poor management in the component (Recurring observation).
5.2 Officials who are occupying positions in the higher echelons of departments are not implementing or taking decisions as expected of them.
5.4 Late submission of invoices or billing by SITA head office was identified as a contributing factor to the low expenditure.
5.5 The provincial Departments of Arts and Culture do not have a strategy to follow-up on funds transferred to municipalities and ensure that they are spent on the Grant's priorities and this may open a loophole for misappropriation of taxpayers' money (Recurring observation). This is due to the fact that the Committee had noted during the last interaction with provinces (on 06 June 2010) that conditional grant funds that were transferred to municipalities appeared as spent on financial reports of provinces; whereas municipalities were not spending or spent the funds on projects that did not meet the criteria of the grant.
5.6 The provinces of KwaZulu-Natal and the Western Cape have moved the implementation function from municipalities to provinces.
6.6 That all provincial Departments of Arts and Culture should adopt the approach of the North West's provincial Department of Arts and Culture, and involve the Early Childhood Development practitioners in their Community Library Services Grant programmes.
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Draft resolution (Chief Whip of the Majority Party): That the House, notwithstanding the resolution it adopted on 17 March 2011, extends the deadline by which the Ad Hoc Committee on Protection of Information Bill has to report, to 23 September 2011.
Draft resolution (Chief Whip of the Majority Party): That the House supports the extension of the term of office of Justice S S Ngcobo as Chief Justice of the Republic of South Africa.
First Reading debate - Tax Administration Bill [B 11 - 2011] (National Assembly - proposed sec 75) - (Minister of Finance).
Consideration of Report of Standing Committee on Appropriations on Appropriation Bill [B 3 - 2011] (National Assembly - sec 77) (Announcements, Tablings and Committee Reports, 20 June 2011, p 2128).
First Reading debate - Appropriation Bill [B 3 - 2011] (National Assembly - sec 77) - (Minister of Finance).
Consideration of Votes and Schedule - Appropriation Bill [B 3 - 2011] (National Assembly - sec 77).
Second Reading debate - Appropriation Bill [B 3 - 2011] (National Assembly - sec 77) - (Minister of Finance).
Committee on Private Members' Legislative Proposals and Special Petitions on Petition from Mr Amichand Munasur, praying for a pension (Mr L T Landers) (Announcements, Tablings and Committee Reports, 22 June 2011, p 2163).
Consideration of Report of Portfolio Committee on Justice and Constitutional Development on Protection from Harassment Bill [B 1 - 2010] (National Assembly - sec 75) (Announcements, Tablings and Committee Reports, 17 June 2011, p 2124).
Second Reading debate - Protection from Harassment Bill [B 1B - 2010] (National Assembly - sec 75) - (Minister of Justice and Constitutional Development).
Second Reading debate - South African Post Office SOC Ltd Bill [B 2B - 2010] (National Assembly - sec 75) (introduced as South African Post Office Bill [B 2 - 2010] (National Assembly - sec 75) - (Minister of Communications).
Consideration of Report of Standing Committee on Auditor-General on Oversight Visit to Headquarters of Auditor-General of South Africa (Announcements, Tablings and Committee Reports, 15 June 2011, p 2105).
Consideration of Report of Portfolio Committee on Co-operative Governance and Traditional Affairs on Budget Vote No 3: Co-operative Governance and Traditional Affairs (Announcements, Tablings and Committee Reports, 10 June 2011, p 2060).
Consideration of Report of Portfolio Committee on Social Development on 2009/10 Annual Report of South African Social Security Agency (SASSA) (Announcements, Tablings and Committee Reports, 8 June 2011, p 1991).
Consideration of Report of Portfolio Committee on Communications on Budget Vote No 27: Department of Communications and its entities (Announcements, Tablings and Committee Reports, 26 May 2011, p 1654).
Consideration of Report of Portfolio Committee on Public Service and Administration on Meeting with the Select Committee on Co-operative Governance and Traditional Affairs, and the nine provincial legislatures (Announcements, Tablings and Committee Reports, 20 April 2011, p 1442).
Consideration of Report of Standing Committee on Finance on Budget No Vote 13: Statistics South Africa, for 2011/12 financial year (Announcements, Tablings and Committee Reports, 15 April 2011, p 1307).
Consideration of Report of Portfolio Committee on Labour on Budget Vote No 18 - Labour, and Strategic Plan of Department of Labour for 2011-2016 and its entities(Announcements, Tablings and Committee Reports, 15 April 2011, p 1319).
Consideration of Report of Portfolio Committee on Police on Budget Vote No 23: Independent Complaints Directorate (ICD), for 2010/11 and Strategic Plan (Announcements, Tablings and Committee Reports, 12 April 2011, p 1074).
Consideration of Report of Portfolio Committee on Police on Budget Vote No 25: Police, for 2011/12 financial year (Announcements, Tablings and Committee Reports, 12 April 2011, p 1089).
Consideration of Report of Portfolio Committee on Home Affairs on Strategic Plan and Budget Vote No 4 of Department of Home Affairs and Entities (Announcements, Tablings and Committee Reports, 8 April 2011, p 974).
See pp 132-133 (Mr S B Farrow, Mr J F Smalle, Mrs P Tshwete, Mr N J van der Berg, Dr A Lotriet, Mrs T E Kenye, Mr S B Farrow, Mrs F F Mushwana, Mr D A Kganare, Mrs H Lamoela, Mr J J Skosana, Mr G P D Mac Kenzie, Mr G Lekgetho, Mr S C Motau), pp 144-146 (Mr L T Landers, Mrs D A Schäfer, Mr V V Magagula, Mr M Mnqasela, Mr S-B Huang, Adv H C Schmidt Ms S C N Sithole, Mr B A Radebe, Mr N J J v R Koornhof, Dr J C Kloppers-Lourens, Mr M S F De Freitas, Mr A M Figlan, Ms R S Morutoa, Mr E J Marais, Adv H C Schmidt, Mr G R Morgan, Mr A J Williams, Mr D A Kganare, Mr G D Schneemann, Dr J C Kloppers-Lourens, Mr M Mnqasela, Ms D E Dlakude, Mrs C Dudley), p 238 (Mr L Ramatlakane, Mr K S Mubu, Mrs C Dudley, Mr L Ramatlakane, Mr P D Dexter, Mrs E M Pilusa-Mosoane), pp 367-368 (Mr L N Diale, Mr G R Morgan, Mr M W Rabotapi, Mrs C Dudley Ms M N Magazi, Mr N Singh, Dr Z Luyenge, Mr D C Smiles, Mrs S P Kopane, Mr P Van Dalen, Mr N J J v R Koornhof, Mr C M Moni, Ms C Q Madlopha).
Submission of petition from JBBSSW Taxi Association in Gauteng Province - (Committee on Private Members' Legislative Proposals and Special Petitions - National Assembly).
Tax Administration Bill [B 11 - 2011] (National Assembly - proposed sec 75).
Protection of Personal Information Bill [B9 - 2009] (National Assembly - sec 75) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
Final Acts of the International Telecommunications Union (ITU) Plenipotentiary Conference, Antalya, 2006 (Tabled on 20 September 2010) (NA: Referred to Portfolio Committee on Communications on 30 September 2010 - reported on 2 November 2010 - approved on 9 November 2010)(NCOP: Referred to Select Committee on Labour and Public Enterprises on 8 November 2010 - reported on 23 February 2011).
Convention on Cybercrime (Tabled on 14 February 2011) (NA: Referred to Portfolio Committee on Justice and Constitutional Development on 23 February 2011).
Agreement on the establishment of the African Tax Administration Forum (Tabled on 14 April 2011) (NA: Referred to Standing Committee on Finance on 1 June 2011 - reported on 8 June 2011 - approved on 21 June 2011).
<fn>GOV-ZA.3496421En.2012-02-10.en.txt</fn>
Members of the Extended Public Committee met in Committee Room E249 at 14:02.
House Chairperson Mr M B Skosana, as Chairperson, took the Chair and requested members to observe a moment of silence for prayers or meditation.
The MINISTER OF TOURISM: Chairperson, today, with the World Cup a mere 37 days away, I can say with the utmost confidence that not only is South Africa ready to welcome the world, but we cannot wait to host the best World Cup ever. I can say this because I believe that every South African will, as we have done in the past when we have been presented with great opportunities, make the most of this chance to proudly show off our country, our facilities, our culture and our hospitality to the world.
Our future is in the most capable hands we could possibly entrust it to. It is in the hands of all South Africans, united in our effort to show the world the best that we can be. The tourism legacy of the World Cup presents us with a particular opportunity to put our industry on a new trajectory in terms of expansion and growth.
Tourism, both globally and locally, is a powerful catalyst for economic growth, job creation and the redistribution of wealth. Globally, the number of international arrivals grew from about 25 million in 1950 to an estimated 880 million in 2009. This is an industry which not only has direct economic benefits, but also opens up opportunities for small businesses. It has a particularly strong local impact in terms of the provision of goods and services and it also contributes directly to job creation and poverty reduction.
In addition, tourism is one of the major export sectors of poor countries and a leading source of foreign exchange in 46 of the 49 least developed countries. According to the United Nations World Tourism Organisation, UNWTO, in 2009 international tourist arrivals declined in all regions of the world except Africa, which bucked the trend with robust growth of 5,1%. Sub-Saharan regions did particularly well and collectively grew by 6,4%.
Although there are many reasons to be cautiously optimistic about the international picture, we must also keep in mind the risks to the industry. This includes that some of South Africa's main source markets in terms of international arrivals, such as the United Kingdom and Europe, are recovering quite slowly. Recent global incidents, such as the H1N1 virus and the Icelandic volcanic eruption, have again highlighted the vulnerability of the sector in terms of external shocks.
Our local tourism industry outperformed the world trends last year and we saw growth in foreign arrivals of 3,6%, while globally the figure was -4%. That resulted in a total of more than 9,9 million foreign arrivals to the country compared to about 9,6 million in 2008. The total foreign direct spend in 2009 grew by 7%, compared to 2008, totalling R79,4 billion. This is a tremendous feather in the cap of the industry at a time when all other tourism markets worldwide were in a slump, and we continue to outperform all our direct competitors.
Arrivals to South Africa were driven by healthy growth from, amongst other countries, Asia, with a 3,7% increase, African air markets with a 3,3% increase, and African land markets with 5,7% growth. The particularly good growth from China - although it is from a relatively low base - with a 12,4% increase and India with a 7,5% increase, is considered a good return on South African tourism's investment in these markets. I know that there will be issues raised and questions asked and I will respond to them when I reply.
Our mandate to South African Tourism is to invest our money with only one objective in mind, and that is the best possible return on our investment as government - no political decisions, no other kinds of decisions - we want the best return on our money as government.
South African Tourism has recently completed its third review of its portfolio markets and the results point to, amongst other things, significant potential in Africa, particularly in Angola and Nigeria. South African Tourism's international marketing plans will be adjusted accordingly, to make sure that we capitalise on this potential and further extend our good relationships in Africa. Many people historically did not regard Africa as a good tourism market. In our view it is, and we must start focusing on those countries where, at the moment, we have the most potential.
In terms of the local picture, the number of South African adults who undertook domestic trips increased from about 14 million in 2008 to about 15 million last year. This represents about 48% of the population undertaking an average of 2,1% domestic trips in 2009. The number of trips taken, however, fell from about 33 million in 2008 to 30 million in 2009. The average nominal spend per trip also declined from R780 in 2008 to R730 in 2009 as consumers tightened their belts. This is a continuation of a trend that started in 2007 as a result, obviously, of economic pressure on consumers.
Given the volatility of the international market, it is, of course, vital that every country fosters a healthy domestic tourism industry, and this is one of the aspects of our industry we will address in the Tourism Sector Strategy. According to the World Travel and Tourism Council - WTTC - estimates for 2009, tourism's direct and indirect contribution to our GDP grew by 2,7% to R198,4 billion compared to the previous year, 2008. This represents 7,4% of GDP.
This kind of continued and consistent growth can be seen as a resounding vote of confidence not only in our tourism industry but in South Africa as a destination. I have no doubt that our reputation as a world-class destination will be further entrenched after the World Cup.
The World Cup will leave a tangible and lasting tourism legacy in South Africa. We are able to showcase major investments in infrastructure in terms of hotels, transport links, airports, stadia and facilities - and if there are any questions in that regard I will respond to them when I reply. Our industry will also benefit from powerful word-of-mouth marketing through hundreds of thousands of visitors who will return home as ambassadors and advocates for South Africa as an extraordinary tourism destination.
When the first soccer match of the World Cup kicks off in South Africa on 11 June, it will be the culmination of years of dedicated effort, planning and commitment. Long after the final whistle has blown at the last match, we will continue to reap the rewards of investments in this tournament, which has catalysed huge developments.
The World Cup will showcase South Africa and the continent to the world, optimise tourism and other developmental opportunities, promote football, and foster pride and confidence in Africa as a continent. According to our analysis, for that month - 11 June to 11 July - the World Cup will be watched cumulatively by 34 billion people worldwide. If you combine these elements with South Africa's breathtaking natural beauty, then we have all the ingredients for a powerful tourism and investment destination.
While we are all working nonstop to put the finishing touches on the best World Cup ever, we have also never seen the World Cup as the be-all and end-all. We acknowledge that tourism to and within South Africa has grown significantly since 1994, but we also recognise that it has not yet reached its full potential. There is concurrence that new opportunities need to be explored and, in this regard, we will pursue the development of new niche products. The diversification of our product base is part of the strategy to ensure that our visitors stay longer and, very importantly, that they spend more.
To ensure that there is an integrated and co-ordinated approach to securing the hosting rights for strategic international events, we intend to boost events tourism through the establishment of a National Conventions Bureau under the auspices of SA Tourism. It will be responsible for business and events-tourism marketing and the development of and support for bids, as well as a business tourism and events strategy.
South Africa has already secured 95 meetings and conferences between 2010 and 2016. In addition to this, we have already also put in bids for an additional 45 meetings and conferences for 2011 to 2020. With some of these conferences we are talking about 10 000 to 15 000 delegates. We have seen how sporting and other mega-events lift our nation's spirits and inspire us to be our best.
Sports tourism in South Africa is estimated to contribute more than R6 billion to our tourism industry. More than 10% of foreign tourists come to South Africa to watch or participate in sports events, with spectators accounting for 60% to 80% of these arrivals.
I can give you a very practical example of the effect of events and sports tourism on our fiscus. Research recently undertaken by SA Tourism on the impact of the Confederations Cup and the Lions Rugby Tour last year, found that the two events brought in approximately 52 000 visitors and contributed an estimated R669 million in direct expenditure to our economy. More than 90% of these visitors indicated that they would return to South Africa and, very importantly, that they would recommend South Africa as a destination to others.
Our department is finalising the national tourism strategy. The goal of this strategy is, amongst other things, to inspire and accelerate the responsible growth of the tourism industry in the years 2010 to 2015. So, it is basically a five-year booster plan. We will be ready to launch this strategy for public comment before the end of May.
In order to create an environment conducive to the growth and development of tourism in our country, the department has also embarked on a process to review and update the existing Tourism Act of 1993, which was only amended in 1993, and this piece of legislation comes from the 60s or 70s. The proposed legislation will be tabled in Parliament during the last quarter of 2010, and I look forward to working closely with the portfolio committee in that regard.
Chairperson, I would like to thank all our colleagues in the department, under the capable leadership of the Acting Director-General Mr Dirk van Schalkwyk, for their hard work. I look forward to continuing to work with him as our very capable chief operating officer.
I would also like to take this opportunity to welcome Mr Kingsley Makhubela, who was appointed by Cabinet two weeks ago as our new director-general, and who will assume this position on 1 June. [Applause.] Mr Makhubela, we look forward to your leadership as you steer our department on an exciting new course.
Thank you to SA Tourism, which continues to market our wonderful South African destination so ably. I've already welcomed Thandiwe January-McLean in the front here - she is the new chief executive officer of South African Tourism. She already appeared before the portfolio committee a few weeks ago.
I would also like to express my appreciation to all our partners and stakeholders in the tourism industry - and there are many of them. We have been called upon to work together very closely over the past year, and I trust that these good relationships will thrive and serve us well into the future.
Thank you also, on behalf of our department, to the chairperson and members of our portfolio committee for their constructive interaction and inputs. My gratitude goes to my colleague, here on my right, my Deputy Minister Ms Thokozile Xasa, for her enthusiasm and passion for the portfolio, and I enjoy working with her as my colleague. [Applause.
Chairperson, the slogan of the World Cup as we all know is: "Ke Nako", meaning "It is time". I am grateful and proud to be a South African as we confidently welcome the world to our shores. We have made it happen; we have done ourselves proud; and we can now say that with just over 30 days left we are ready as a country. I thank you. [Applause.
Mr D M GUMEDE: Hon Chairperson, hon Minister, hon Deputy Minister and all esteemed guests, it is indeed time for tourism to make a difference.
Ke nako! [It is time!
Improve the quality of life of all citizens and free the potential of each person...
These are fundamental principles and values for our society going forward. They form our social contract as South Africans, black and white. This is what mainly informs the mandate of the present government that emphasises five priority areas, namely inclusive economic growth; rural development; decent work and more sustainable livelihoods; education and training; health for all; and the fight against crime and corruption. This has been reaffirmed in the state of the nation address and by the January 8 statement of the ANC that sets the tone for its government planning every year.
These are essentially an amplification of the fundamentals in our Constitution quoted above. It is the main part of our national operational mandate, which has to be overseen by Parliament. For our oversight, we look at the annual estimates of expenditure, which is informed by a strategic plan that instructs the formulation of the core of the budget.
The outputs for this should be expected to be in the annual report, and these documents, together with hearings from time to time and briefings, allow us to oversee the performance of the department. We expect more hotels, lodges, bed and breakfast establishments, restaurants, tourist guides, operators, small businesses, more demand for tourist graduates, and a higher contribution to job creation in the economic sector especially because this sector, is labour-intensive, absorbing even those who are semi-skilled and unskilled.
The priorities, as pronounced by government, also require that we get a sense as to whether we are making progress in the rural areas, in training or in inclusive growth, taking into account the skewed tourism spread and the level of transformation in this terrain of operation.
We depend on milestones and quantified progress in the accommodation-related tourism sector, the hospitality sector and the travel sector. This is the information that we require in order to pronounce fairly on the performance of government in the industry.
This is what informs our position as a portfolio committee on the budget in question, whose overarching aim is to promote growth and development that is competitive, equitable and sustainable in the tourism sector, and thus contribute to the national priorities.
For South African tourism to thrive optimally, the country has to be safe, its people need to be healthy, it has to have growth that is inclusive and equitable, and that is spread fairly evenly over all provinces - those that are mainly urban and those that are largely rural.
There are countries that have traditionally had a large number of tourists coming to South Africa, and it is important to consolidate and expand our current position in that regard. But, at the same time, we have to explore further. For this, we perhaps have to look at our South-South partnerships as well. We have to share best practices and use each other's comparative advantages around the alliances to realise mutually beneficial relationships.
The Brazil-India-China-South Africa co-operation, Bricsa, is an example that exposes South Africa to possible tourism markets, which may have received less attention before, and creates opportunities for further exploration, given the fact that they are experiencing above-average economic growth as well.
We also had a memorandum of understanding between South Africa and Kenya. Colourful billboards promoting Kenyan tourism along our highways attest to this. We believe that this will deepen our destination experiences. We are encouraged by developments around Nigeria and Angola, as the hon Minister has mentioned.
Chairperson, allow me to thank the hon Minister for the recent meeting with his counterpart in Zimbabwe, which indeed gives a political signal that demonstrates our confidence in the government of national unity and the negotiation process taking place under our President and the Southern African Development Community, SADC.
We recognise that it is in our economic interests to do so, because we are neighbours that are interdependent, who have to act with mutual synergy, because the more tourists there are in Zimbabwe, the more tourists we shall have as South Africa. There shall be peace and friendship in Zimbabwe.
Moving forward - from the regional stage to the global one - and as the hon Minister said, we have 37 days to go before the 2010 Fifa World Cup, and thanks go to the leadership of our great country South Africa for being bold enough to bring this mega event to our shores. It is the right event at the right time. Our duty as a country is to make the most of it whilst it is here, because we shall not see a mega event of its magnitude again in our lifetime.
Of course, we learnt a lot about the power of event owners and, in some cases, we mitigated the negative impact of that power well by strategising carefully. The challenge now is how to optimise the legacy of this event. How do we handle reputational risk, managerial risk and security risk in a way that maximises this legacy What is critical to us is that the global exposure we receive as a result of having the 2010 World Cup in South Africa promotes our national interest?
In this regard, we have visited many host cities as Parliament, where we observed the state of readiness of South Africa as a tourism destination. We can tell you now that the airports we have are amongst the best in the world. [Applause.] The stadia we have built are second to none on earth. The infrastructure in the host cities was more than 95% ready three weeks ago. [Applause.] Yes, we are ready. Colourful flags are already fluttering in celebration of the arrival of Kaka, Ronaldo, Ronaldinho, Drogba, Eto'o, Messi, Rooney, amongst others. Yes, 2010 will be a defining moment for South Africa.
The long-term impact in terms of the economy, tourism, social development and the stature, not only of South Africa, but of Africa as the whole, are too important to be left to chance. The experiences, the dreams and the memories of South Africa will surely encourage many to make repeat visits to our great country.
On the question of the readiness of the Bafana team, I guess that I need more courage and patriotism than logic. First, we have to look at who we are. We were the first to try and take out the heart of a human being and replace it with the heart of another human being. Remember, Chris Barnard! He led this battle, and he was a South African.
In 1995, we had a very successful Rugby World Cup, when everyone feared the All Blacks and Jonah Lomu. It was a question of David and Goliath but, guess what, we just went onto the playing field and tackled the hell out of the feared Jonah Lomu and took the cup home. [Applause.] The country erupted in celebration, with Mandela leading it.
Once again, when everyone was scared of Ghana in 1996, what happened We gave them such a hiding that when we were tired of dribbling them, Doctor Khumalo stood on top of the ball and folded his arms until the referee gave him a yellow card. [Laughter.] No Ghanaian player ventured to come near for they could not believe it. Similarly, we shall mesmerise the Argentinian maestro Messi into a mess?
Yidiski le. [This is football.
This will be the greatest event on earth ever. Halala, South Africa, Halala!
HON MEMBERS: Halala!
Mr D M GUMEDE: We hope that many people in the rural areas will share the excitement and opportunities that will be enjoyed by many in the urban areas.
In conclusion, let me pay tribute to one of our outstanding members of the committee, Comrade Dr Manto Tshabalala, who took part in this debate last year.
We have a clear agenda of rural development in our country which must include tourism. Some of us in this House know very well that there are many features of cultural and ecobiodiversity significance in many of our rural areas and the challenge for us is to make these more commercially relevant to communities.
That was Dr Manto Tshabalala on 18 June 2009. Now that she is no more, can we say that we are better off a year later That was her last debate in Parliament. May her soul rest in peace. The ANC supports the adoption of the Budget Vote. Thank you. [Applause.?
Mr G R KRUMBOCK: Chairperson, any industry that contributes more than gold mining to export revenues deserves to be taken seriously. Certainly, that sentiment was underscored by President Zuma when he stated on 25 February 2010 that he wanted tourism's share of GDP to increase by double digits in the next five years.
To achieve this, tourism needs the freedom to release its entrepreneurial spirit and recognition that it is an overwhelmingly demand-driven service industry, operating against ferocious international competition for customers. Most of all, it needs an enabling government that not only aggressively promotes its products in nimble and innovative ways, but is also sensitive to the fact that tourism operates in an interdependent environment, which is affected by the performance of other government departments.
Consider the key milestone of the increase in foreign arrivals to our country, from one million in 1990 to virtually 10 million arrivals now. This represents a compound growth of about 13% a year over those 20 momentous years.
That is impressive growth by almost any measure, until one focuses on the department's own figures in the latter six years, which revealingly show that annual growth halved to 6,9% over this period. So we have done well, but maybe not well enough.
The increase in tourism's total contribution to GDP over the same six-year period to R194,5 billion or 18% per annum is impressive even after allowing for the Consumer Price Index, CPIX, which reduces the growth in real terms to 11%. But those figures mask a structural imbalance in that we are overexposed to Africa and Europe.
Africa alone accounts for around three quarters of foreign arrivals, so we need to look further afield if we are to increase tourism beyond a high-end low-impact destination of five and four-star accommodation only.
Worryingly, some of those markets are showing the least growth. Our six largest long-haul destinations - the United Kingdom, Germany, the United States of America, France, Netherlands and Australia - totalled 1 188 000 tourists in 2002, growing to only 1 393 000 tourists in 2008, an annual growth rate of just 2,5% per year.
SA Tourism has succeeded in providing informed, sophisticated and responsive marketing to consumers' fast-changing needs and choices. It must also be resourced to be competitive on a cut-throat global stage.
When growth is sluggish in your key markets and competition is fierce, you don't cut your advertising budget. Australia spends twice as much as South Africa, promoting an already winning nation. We need to keep on after the World Cup to ensure that the unparalleled awareness that is created will result in at least three quarters of a million extra tourists per year.
To properly resource SA Tourism will amount to less than one tenth of one percent of our current national budget. The most compelling statistics arising from the Tourism, Sport and Mega Events summit in February was that every pound spent marketing the UK resulted in four pounds in revenue.
So cutting SA Tourism's budget by R160 million in the next three years, just after this watershed moment in our country's history, isn't just inexplicable timing, it is also misconceived, because increasing tourism spending should deliver a net return to the fiscus.
Barcelona entrenched its brand image as a value-for-money destination during the 1992 Olympics. Germany used the 2006 Fifa World Cup to rebrand itself as a fun-loving nation at peace with itself and its patriotic symbols. We have already flirted with a "yellow card" with budget cuts potentially impacting negatively on this event. We cut back in marketing our country around the 2010 event, especially among qualifying nations.
Only 160 existing tourist guides were up-skilled and new entrants trained in the previous financial year for similar reasons. That followed the establishment of a smaller 2010 unit in 2007, again due to budget cuts.
The Department of Tourism has, mostly, performed well, but can it really succeed when it lacks the resources to do a proper job In 37 days' time the opening match of the 19th Fifa World Cup will kick off. As Africans, the DA sees the World Cup as a unique opportunity to roll back Afro-pessimism by hosting a world-class African World Cup that will deliver a lasting social legacy and help rebuild one South African nation with one future. Ke nako?
We join with all sides in this House in recognising the common heritage that we celebrate as Africans in the calabash and its ring-of-fire lighting, the majesty of the Moses Mabhida arch, the giraffe supports at Mbombela stadium, the architectural beauty of the Cape Town stadium and the stunning world-class new airports.
As Africans, we say: Phambili Bafana Bafana! Phambili Aaron Mokoena! [Forward Bafana Bafana! Forward Aaron Mokoena!
HON MEMBERS: Phambili! [Forward!
Mr G R KRUMBOCK: Let us hope that our forwards are faster than cheetahs on greased lighting, and that the Mexican, Uruguayan and French defenders are slower that a turtle swimming through peanut butter! Now that would be Ayoba!
But one way or another, late on July 11, the sound of the last vuvuzela will fade into the Highveld night and the World Cup will be over. And then what, Minister Will we have, as you once stated, indeed taken this once-in-a-lifetime chance to showcase the best we have as a tourism destination?
The fact is, the evidence is mixed, and much remains to be done. While our stadiums and airports are world-class, many of our heritage sites and national monuments are a disgrace. In Gauteng, the Heroes Acre is vandalised; while the Air Force monument is half broken down for scrap metal. The state of our monuments in Resistance and Congella Parks in eThekwini shames the legacy of the heroes commemorated there.
The Paraguayan team hosted in uMngeni will have to negotiate monstrous potholes and metre-high weeds on the verges. They will feel more at home when they encounter the local roadside forests of bugweed, a South American plant, but what will they make of the overpowering piles of rubbish on every street corner on the Mpophomeni Tourism experience?
Mbombela, on the other hand, has seized the opportunity to build its brand image. The city seems ready for 2010, with football fountains and landmarks such as the "Eye of Nelspruit" poised to give tourists "Africa's Warmest Welcome". Nelspruit's main tourist attraction, the botanical gardens of Mpumalanga, is tourist friendly and in impeccable condition.
Similarly, the major attractions of North West province - Sun City, the Pilanesberg Nature Reserve, Kruger House in Rustenburg and Kgaswane Mountain Reserve - are well maintained.
By contrast, the Nelson Mandela Metro is in a filthy state, in the wake of a 13-day municipal strike. The historical legacy of this 1820 settler city has been further blighted by the neglect, often beyond repair, of its irreplaceable colonial architecture, such as Duncan Street terrace, and Canterbury and Victoria Houses.
It is instructive to compare Pietermaritzburg with Adelaide, South Australia. Both are British colonial in character and layout, and were founded within two years of each other, in 1838 and 1836 respectively. But while Adelaide is spotless, with pedestrian malls including golf carts for the elderly, the KwaZulu-Natal provincial capital has been driven into the ground and into bankruptcy.
To avoid the filth, piles of uncollected rubbish and crime, Pietermaritzburg Tourism is forced to ask tour operators to avoid the city centre, which contains the finest Victorian architecture in the southern hemisphere.
While SA Airways has brought some of their prices more in line with competitors, ticket prices are still around triple that of other airlines the day before the Cape Town semi-final and significantly more the day before the World Cup final itself. This continues to damage our brand as a value-for-money destination.
I quote these examples, Minister, to reiterate the interdependency of tourism with other departments. In many instances, dysfunctional local government, Public Enterprises and Arts and Culture are undermining SA Tourism's stated key priority to ensure South Africa's tourism-readiness for the World Cup.
Others have made positive contributions. The Southern Africa Tourism Services Association, Satsa, has assisted in streamlining air-land interfaces to ease flows in peak times on behalf of prebooked groups not adequately catered for, and has teamed up with the Airports Company of SA, Acsa, to maximise kerbside flow. SAA will supply the first seat available if you have a ticket. Seventy-four percent of hospitality providers are charging reasonable prices, assisted by the Rooms4u portal of the Federated Hospitality Association of SA, Fedhasa.
Estimates of foreign arrivals have declined from the original 410 000 to Grant Thornton's recent forecast of 373 000 arrivals. It may not be the worst thing in the world to have slightly fewer fans than originally estimated, as this will better ensure a memorable experience rather than an event characterised by possibly gridlocked traffic.
Television and radio, both on and off the pitch, will broadcast not just the World Cup to a cumulative audience of between 26 and 38 billion people, but also their experiences and impressions of our country. Whether we address the remaining challenges that have been sketched above and seize this unparalleled opportunity to rebrand our country for the benefit of all our people remains in our hands, but action is needed this day. There is not a moment to lose. I thank you, Chairperson. [Applause.
Mrs M A A NJOBE: Chairperson, hon Minister, hon Deputy Minister, hon members, it is correct for the national Department of Tourism to be focusing sharply on responsible and environmentally sustainable tourism growth. Responsible tourism is required to promote our diversity, to conserve our heritage and to provide more enjoyable and memorable experiences for tourists through meaningful connections with local people, local culture and local social and environmental issues. Furthermore, it is required to encourage cultural sensitivity, respect between tourists and hosts, and the building of local pride and confidence.
This has been the goal for SA Tourism since 2002, when the Cape Town Declaration was signed. This goal still informs the vision and mission of the new department. But the question we need to ask is whether environmental integrity, social justice and the maximisation of economic benefits for local people, particularly the previously disadvantaged, has indeed occurred.
Clearly, the priority for South Africa in the medium term is for both social and distributive justice to be taken to the top of the agenda, particularly because we have become the most unequal society in the world. We, in Cope, are fully supportive of the goals of responsible and environmentally sustainable tourism growth. But what we now need is visible delivery in this regard.
Hon Minister, when will this good intention become a reality throughout the South African tourism industry Currently, benefits accruing from tourism growth favour urban rather than rural areas, already established businesses rather than small, medium and micro enterprises, SMMEs. For much too long lip service has been paid to increasing investment in tourism in small towns and the rural areas of our country. Cope expects active implementation of the current medium-term strategy?
At least R750 million should be going into tourism infrastructure development in the rural provinces and in small towns. However, with a total budget of just over R1 billion, this may be hard to achieve. This is in spite of the fact that the tourism industry contributes substantially to the gross domestic product and job creation in this country. To be able to achieve the intended geographic spread of tourism growth, the department definitely deserves a better Budget Vote.
South Africa's small towns and rural areas offer abundant opportunities for cultural tourism, biotourism, geotourism, adventure tourism and history tourism. This government should make direct capital investment in rural areas and towns. After all, inbound tourism should find our rural areas as attractive as our urban areas, provided their tourist potential can be developed.
We also need to invest more in marketing domestic tourism. The majority of South Africans travel extensively to visit family and friends. They participate in events and other gatherings. But statistics show that most of them do not tour. The reasons are partly cultural and partly historical. It may also be that tourism products in South Africa are geared more for individuals and couples than for families, and costs could also be an inhibiting factor.
Cope believes that in a country where we need to forge a common nationality it is imperative that we, as South Africans, need other South Africans in facilities removed from our homes and workplaces. However, some facilities still actively discriminate against the country's majority population. This matter needs to be addressed.
All South Africans should be encouraged to visit the World Heritage Site at Sterkfontein, because if all of us understood that humanity evolved in Africa and that all of us carry the genes of an African mother - whether one believes this or not - it could help to shape our perceptions of one another.
Added to this is the hope that one of the legacies of the 2010 Fifa World Cup will be the promotion of social cohesion within our nation. From the two oversight tours that the committee undertook jointly with several other portfolio committees, it is clear that South Africans are indeed determined to make the event a huge success. This is in spite of some constraints, for example budgetary constraints, in venues such as Port Elizabeth, Rustenburg and Durban. But one thing is certain: the spirit is positive and Cope is behind Bafana Bafana.
However, there are disturbing concerns coming from some recent reports. It appears that the SMMEs feel left out of the possible economic benefits which the World Cup is expected to bring. It appears that only half the number of visitors projected to come for the World Cup will, in fact, be arriving on our shores next month. It also appears that only about 300 000 tickets for the World Cup were bought by soccer fans from outside the country.
Most tickets were bought in the United States of America, the United Kingdom and Germany. Of course, we have always looked to these countries for the bulk of our tourists. But what went wrong that football fans from other football-crazy countries are not coming here in their numbers Particularly disturbing is the minimal support from Africa. If this is the situation, hon Minister, can you still claim that tourism will contribute R15,6 billion to the country's economy, as projected earlier?
Could it be that the scare stories of violent crime and racial tension have put people off from coming here What about the pricing structure adopted by the hospitality industry and airlines Has this played any role in discouraging people from coming to South Africa What have been the department's findings from the investigations carried out on this matter?
However, in conclusion, and on the positive side, Cope believes that South Africa has been and will remain a tourist Mecca. We have the climate, the natural beauty, the history and the facilities to attract people from within the country and from all over the world. All we need is to move beyond intention and planning into delivery mode. I thank you. [Applause.
Mrs C N Z ZIKALALA: Hon Chairperson, the development of a vibrant tourism industry should be a top priority of government. Tourism in South Africa has demonstrated significant growth since 1994 and is fast becoming a key component of the country's economy. The tourism industry has perhaps a greater potential than any other single industry, both directly and indirectly via its multiplier effects, to support economic growth and job creation.
With the Soccer World Cup around the corner, the Department of Tourism has the daunting task of ensuring that the tourism industry plays its role in hosting a successful event. Every step must be taken to ensure that the department is on course to meet its many targets in preparation for the influx of visitors expected for the 2010 World Cup. We must make the most of this wonderful opportunity for the tourism sector to grow by leaps and bounds for many years to come. This will turn our country into a world tourist hub.
In South Africa there are few working models using community projects based on handcrafts, such as Imbali Handcraft in KwaZulu-Natal, which offers a form of income for otherwise unemployed Zulu women. However, these kinds of projects need to be replicated in all parts of the country, especially in the remote and marginalised communities.
We, in the IFP, believe that our tourism sector can grow at a faster rate and in future contribute even more to our economic growth and development. It can also have a positive impact on a much broader spectrum of people than is currently the case, if certain fundamentals are dealt with more vigorously.
Here, I refer to the hardy annual of crime. Whilst we may like to believe that crime does not deter more tourists from visiting our country, the reality is that it does. We must not bury our heads in the sand like ostriches and believe that nothing is going wrong around us. We must act decisively to provide comfort to tourists.
While we do congratulate the relevant people and organisations on the good work that has been done in reaching these targets and milestones, we are still concerned that the benefits and opportunities that stem from this growth are not more broad-based and shared by more South Africans, especially those from the rural areas where I come from. [Laughter.] Cheers!
The concerns and anxieties of these previously neglected groups need to be understood and adequately addressed in building a successful tourism industry in South Africa. There is a perception that tourism refers only to people travelling around and staying in hotels. The wider opportunities offered by tourism are not appreciated.
There is no doubt that tourism could contribute to community upliftment and help local communities escape from poverty. The department should, therefore, initiate or provide support to income-generating projects such as those based on handcrafted materials.
This department could and should play a bigger role in the development of the rural areas of our country through investments in, and the promotion of, tourism and tourist-related activities in these areas. I believe that the unique and truly South African experiences that these areas have to offer will have great appeal for communities. The department needs to increase job and entrepreneurial opportunities, especially to empower disadvantaged communities and groups.
The IFP supports this Budget Vote for people in my age group. The diski dance, let's go for it. [Time expired.] [Applause.
Mrs X C MAKASI: Hon Chairperson, Minister of Tourism, Deputy Minister of Tourism, Ministers, Deputy Ministers, hon members and guests, the South African nation is a product of many streams of history and culture, representing the origins, dispersal and reintegration of humanity over hundreds of thousands of years. Archaeological findings in various parts of the country and the rest of Africa have located South Africa and the continent at large as the Cradle of Humankind and early forms of human civilisation.
From the earliest manifestations of intellectual activity, the settlements of pastoral communities characterised by foundries, artisanship and trade across oceans, the colonisation by Europeans, the slave trade and indentured labour, South Africa has emerged as one of the diverse nations on the globe. This is our collective national heritage.
ANC policy recognises that our cultural and heritage resources and facilities, including those that were previously neglected, should be popularised, preserved and democratised and be open and belong to all our people. It also follows that, because we are proud of our rich culture and heritage, we want the rest of the world to also feel, see and experience these national assets and treasures. It is also in this regard that the role of tourism in South Africa should be seen and appreciated.
The 2010 Budget was tabled within the context of a deep global crisis, brought on by the crisis in the financial sectors of developed countries. Though not immune to the ensuing global economic downturn, South African tourism has so far resisted the financial crisis better than many other sectors. There is growing evidence that tourism and travel can make a valuable contribution to the process of economic recovery.
The newly formed Department of Tourism is a testament to the ANC-led government's bold vision for the growth and development of the economy and tourism's fast-growing contribution to economic growth, human development and the creation of decent jobs. The department's aim to promote and develop responsible tourism, thereby increasing job and entrepreneurial opportunities and encouraging the meaningful participation of previously disadvantaged individuals, is laudable.
Responsible tourism is tourism that generates economic benefits for local people, enhances the wellbeing of host communities and makes positive contributions to the conservation of natural and cultural heritage. Responsible tourism is tourism that provides more enjoyable experiences for tourists through meaningful connections with local people and is culturally sensitive through engendering respect between tourists and hosts to build local pride and confidence.
Tourism can make a significantly positive contribution to dealing with the challenges we face today by supporting the recovery of the economy and greening our activities to pursue a more balanced, sustainable and fair growth rate. In this endeavour, travel and tourism play a relevant part in which our unique nature, culture and traditions represent an exceptional comparative advantage.
Cultural heritage tourism is one of the most rapidly growing sectors of the multibillion rand international tourism industry. It is also an area in which South Africa is well placed to compete.
There are still many areas that remain undiscovered by tourists and these areas range from our cultural villages in deep rural areas to our heritage places that define our new democracy and the heart of South Africa's attractions.
It is important to note that South Africa is home to eight World Heritage Sites and all these places are of outstanding value to humanity. Four of these eight sites are cultural sites, with one being a mixed cultural and natural site. They are Robben Island, the Mapungubwe Cultural Landscape, the Richtersveld Cultural and Botanical Landscape, the Cradle of Humankind and the Ukhahlamba Drakensberg Park.
Domestic and regional tourism is the backbone of a sustainable and robust tourism industry and should be unlocked by redefining the concept as a new, inclusive definition of South Africanness. Domestic tourists accounted for 77% of all tourists in South Africa last year. Over the three year period from 2006 to 2008, domestic tourists accounted for, on average, 79,6% of all tourists in South Africa.
The spread of tourism to include small towns and rural tourism as priority sectors in the growth of tourism is very important, as it will increase investment in the development of rural tourism products. The development of rural tourism comes with benefits such as the increased participation of the poor, involving ownership and management. This is also encouraged by the White Paper on the promotion of tourism, which contends that the prime tourism areas are not located in the cities but in the rural areas. This kind of tourism provides people in rural areas with the platform to showcase their talents as well as indigenous activities.
We are aware that the department will focus on ensuring the geographic spread of tourism that includes tourism in rural areas and involves rural communities. As far as this aspect is concerned, the department will also promote increased investment in the development of rural tourism products. It has already identified the development of niche products, such as cultural heritage tourism, as a priority. Instead of just looking at the national and provincial distribution of tourists, the department wants to start looking at the intra-provincial distribution, which would include small towns and rural areas.
Everything possible must be done to galvanise tourism job creation. In this respect, cultural heritage tourism can make a fundamental contribution, the benefits of which can be readily seen in terms of national image.
Every South African has reason to be proud of our rich heritage and the wide and colourful variety of our cultures. Cultural heritage tourism contributes millions to our economy, exposes hundreds of thousands of people to the reality of a great nation and gives them positive stories about South Africa to take back home with them to every country in the world.
As resolved at Polokwane, the ubuntu principles must be integrated into public policy so as to celebrate our heritage landscape and the proud heritage of the indigenous people and to meet the need to accommodate diversity in our national heritage. The ANC supports the Budget Vote. I thank you. [Applause.
Adv A DE W ALBERTS: Voorsitter, die departement, saam met die Departement van Sport en Rekreasie, het groot werk wat voorlê om van die Fifa-sokkerwêreldbekertoernooi 'n groot sukses te maak. Die Minister en sy departement het alreeds sekere indrukwekkende suksesse behaal. Dit is ook bemoedigend om te verneem dat toerisme in Suid-Afrika gestyg het, terwyl dit wêreldwyd gedaal het, veral gegewe die ekonomiese insinking wat nog steeds wêreldwyd resoneer. Suid-Afrika, as 'n land van diversiteit met interessante kulture en sekerlik die mooiste natuurskoon in die wêreld, het sekerlik ook hiertoe bygedra. (Translation of the Afrikaans paragraph follows.
[Adv A DE W ALBERTS: Chairperson, the department, in conjunction with the Department of Sport and Recreation, has a huge task ahead to make the Fifa World Cup a big success. The Minister and his department have already achieved some impressive successes. It is also encouraging to learn that tourism in South Africa has increased, whilst it has decreased globally, especially given the economic downturn that is still resonating throughout the world. South Africa, as a diverse country with interesting cultures and probably the finest natural beauty in the world, certainly also contributed to this.
Unfortunately, despite certain achievements, the FF Plus also needs to point out the following aspects that deserve attention: Firstly, as pointed out by the FF Plus in the Sport and Recreation budget speech, the Department of Sport and Recreation and this department do not labour in isolation from other larger issues. The Minister will have to impress on his colleagues in the peace and security cluster, the extreme importance of creating a safer South Africa.
The last month has seen a spike in extremely violent crimes, many of which take on the nature of political acts of violence, bringing our country to the brink of devastating conflict, whether verbal via hate speech, or physical via weapons. You should not underestimate the extremely negative view the world currently has of South Africa, purely because we currently have very little peace and security. We really need to address this.
Secondly, with a view to the 2010 Fifa World Cup, certain arrangements between our country and Fifa have left many questions that deserve attention and answers. One, Match, the official Fifa hospitality arm, has turned South Africa into one of the most expensive travel destinations in the world. Their uncompetitive pricing has robbed South Africa of many tourists. Then they had the gall to dump hundreds of thousands of unsold tickets on our local market.
The question is, what type of misrepresentations were made by Match to secure such a monopoly, which they could not even utilise properly Will government take them to task for their destructive behaviour, especially with regard to the local small-scale hospitality industry, and, if so, how will this be done?
Two, if Fifa is not financially successful, will the taxpayer foot the bill in the end, with Mr Blatter walking away with an increased bank account?
Three, Fifa, a global organisation that must surely understand cultural diversity, has done nothing to plant their operations in all 11 official languages. Instead, they have continued to perpetuate the hegemony of English, at the cost of our indigenous languages. Will the department ensure that diversity is respected by Fifa I trust that the Minister will attend to these matters in an effective manner. Thank you?
The DEPUTY MINISTER OF TOURISM: House Chairperson, hon Minister of Tourism, Mr Van Schalkwyk, other Ministers here present, Deputy Ministers, chairperson of the Portfolio Committee on Tourism, Mr Gumede, members of this House, our new director-general, the leadership of the department, our captains of industry as well as our quests today, indeed tourism unites us. It is not very common for us to speak the same language as the members on the opposite side.
The success of the tourism sector in our country will be measured by the extent to which it changes the living conditions of our people, in particular the rural poor and the designated groups, as well as the extent to which they also participate in the development and enjoyment of tourism.
This has led to a renewed approach on how we develop tourism in South Africa and in the department, putting emphasis on the development of rural tourism; on intensifying the implementation of the second phase of the Expanded Public Works Programme, EPWP; on rolling out the tourism component of the national youth development programme; on the development of entrepreneurial and other critical skills; and on the acceleration of the transformation of the sector.
Looking into the implementation of our Expanded Public Works Programme and the creation of decent work, we need to say that decent work creation and poverty alleviation are two key priorities for our country and government during this electoral mandate period. We will make our contribution to these areas, and believe that this will contribute to the improvement of people's livelihoods and the restoration of their dignity.
Through the implementation of the tourism sector component of the EPWP, the equivalent of a total of 46 399 full-time jobs will be created over the electoral mandate period. These jobs will be created through the roll-out of projects aimed at the development of tourism, some of which are what the hon Zikalala was referring to. These include the improvement of our infrastructure and product development.
By design, the designated majority of beneficiaries will be women, youth and people with disabilities, who will also receive accredited training aimed at capacitating them for future opportunities. At this point, I wish to draw the attention of the House to the fact that, in our recruitment of new staff, we are looking at a target of 5% of our staff being people with disabilities over this period. [Applause.
Looking at rural development, one of the major priorities for the current term of government is the development of our rural areas, which is what the hon members have been harping on about. The department sees this as an opportunity to diversify the country's product base. It is our sincere belief that South Africa's rural areas, in particular, offer a unique experience that cannot be found anywhere else in the world.
It is also our view that tourism development can serve as a catalyst for infrastructure development in rural areas. It is also a fact that the majority of poor South Africans live in these areas and most of them are women, who are often the breadwinners in their respective households. The lives of those in these households must change for the better and, whilst we are not under any illusion that tourism is a panacea in this regard, we believe that we can make a contribution.
In line with the available resources, the department is prioritising the development of five rural-based products during the financial year. This will take into account the culture and heritage of these areas. Part of the strategy is to package and promote existing rural-based products across the country. [Applause.] We are also biased towards rural areas in terms of the roll-out of the Tourism Enterprise Partnership programme. In this financial year, of the 10 enterprises that will be supported to start up through the Tourism Enterprise Partnership programme, eight will be rural based. [Applause.
Looking at skills development, we regard the development of education as a critical success factor for any nation. For this reason, it has been identified as a major priority of government for this mandate period. It is only through education that there will be suitability of our developmental efforts. As a service-based sector, South Africa's tourism sector's success depends on the availability of a skilled and capacitated workforce with a true conviction of service excellence.
The department has identified specific critical and scarce skills across the sector's value chain and will implement specific interventions to close this gap. In this financial year, the department intends to facilitate the training of 150 chefs to alleviate a shortage in this area, particularly with regard to black chefs. Special attention will also be given to the overall implementation of the sector's human resource development strategy.
Working together with the Department of Education, we will ensure that the curriculum at schools aligns with the needs of our sector. This will be supported by establishing a partnership with industry to create opportunities for experiential learning educators. We will continue to host the National Tourism Careers Expo to showcase the opportunities and various career paths available to the youth of our country. In the last financial year, we attracted over 12 000 participants, largely Grade 12 learners.
The department is currently conducting tourism service excellence training for 2010 and beyond in all nine provinces. This commenced in April and we expect it to be complete on 2 June. This training is aimed at improving customer service at all service touch points in the sector, with a view to transforming this country into a globally competitive service economy and the world's destination of choice, in line with our vision to be globally celebrated as a destination of choice.
In this regard, we also want to be celebrated as a leader in tourism excellence. Some of this includes staff at public and private-sector touch points, such as ports of entry, restaurants, hotels, transport, the SA Police Service and the SA Revenue Service. The aim is to train up to 250 000 frontline staff.
I must emphasise that service excellence is not just a performance area for us, but part of our values and one that is critical for the sustainability of our sector. Over the medium-term period, the department, in partnership with the Department of Higher Education and Training, will establish a centre of excellence for tourism training. This will be the first of its kind in South Africa. We envisage that this will grow into a regional centre of excellence over the next 10 years.
The department will also be engaging the industry in a study to establish the profiles of the actual jobs we have created in the tourism industry. This is to clarify who the beneficiaries of such jobs are and the impact these interventions have on unemployment in the country.
Looking at enterprise development, our small, macro and medium enterprises, SMMEs, comprise the majority of enterprises in the tourism sector. Many of these require direct support from government in order to grow and expand. It is for this reason that we will continue our co-operation with the Business Trust in the implementation of the Tourism Enterprise Partnership.
Over the mandate period, we are targeting 50 enterprises that will be supported to grow by at least 5% in both revenue and jobs. The department will engage industry in clarifying the contribution of business towards achieving these targets.
In terms of sector transformation, with the Tourism Black Economic Empowerment Charter and codes of good practice fully effective, we are geared towards accelerating the transformation of the sector. We aim to achieve about 70% of the 2017 charter targets by 2015. We will continue to use government's procurement systems to pursue industry transformation objectives. We are happy to report that the majority of national departments have effectively supported this transformation drive.
Looking at provincial and local government support, we aim to work together with all the provinces and municipalities. The hon member has placed on record the importance of stable local municipalities and provincial government for the success of tourism. We want to ensure that there is sufficient recognition of tourism in both the provincial growth and development strategies and the integrated development plans of municipalities.
We also intend to provide direct support in planning for specific projects at local level. In this regard, the department has already developed a toolkit to guide tourism planning at local government level. Again, I must emphasise that the rural municipalities will take priority in line with resource availability. [Applause.
Looking at public education, awareness and outreach, it is important that every South African understands the value of tourism for the country. It is for this reason that the department will support the creation of a tourism culture amongst all South Africans. We will ensure that media platforms are diversified in an effort to reach previously marginalised communities.
In this regard, information will be disseminated through, amongst other platforms, the local community media, traditional councils and the Thusong centres. Our position is that the department must be accessible and must also go to the people. We believe that there can't be development of the people without meaningful involvement.
Amakhosi, as the custodians of our culture and heritage, particularly in the rural villages, are an indispensible stakeholder in the development of cultural heritage tourism in particular and rural tourism in general.
Our regional integration and co-operation also plays a critical role. I heard the hon Njobe indicate less support for South Africa in the World Cup. I just want to say that during the past two weeks I was at the Ministers' meeting in Malawi - the Southern African Development Community Ministers of tourism. They sent me a resolution to convey to the Minister their support for Bafana Bafana, and not just any team. [Applause.
All of them said that regardless of whether they had tickets or not they would go to the public viewing areas or would watch from their respective homes and facilities. They will support us, because they understand the meaning of the World Cup for Africa.
We will continue to work with SADC countries and with the Regional Tourism Organisation of Southern Africa, Retosa, to position Southern Africa as a regional destination. We will continue to support tourism recovery efforts in Zimbabwe. In this regard, I am pleased to announce that at the Minister's bilateral recently, there were very encouraging signs of willingness for co-operation between Zimbabwe's tourism industry and South Africa's tourism industry.
As part of regional co-operation, Retosa will be setting up an Africa Village Expo. This is an exposition of Africa's traditions, culture and heritage for fans to experience during the 2010 Fifa World Cup. Hon members are informed that it is taking place at the Melrose Arch.
Looking at social tourism development, the department is currently developing a concept for social tourism with the aim of unlocking travel opportunities for low-income South Africans. We recognise that many South Africans could travel and add to the sector's growth if the right packages were available. In this regard, the department aims to pilot one social tourism project in the current financial year.
Just before I conclude, by way of responding to some of the concerns by the hon members, I want to say that we all understand that resources are often a contested terrain. We understand the situation our government is in - the recession. It is hoped that even Cope understands that it is not of our making that the number of people coming to the World Cup is going down. That, in itself, requires all of us to come together and work together even more.
Fortunately this sector, which is the private sector, is always at the forefront. Together with them, we are looking at reaching our target of a double-digit figure by 2015, which is one of our targets as a department.
Finally, I believe that this contribution will go a long way in improving the lives of our people. I also want to call upon all South Africans to effectively participate in the development of tourism.
The department has an open-door policy and we believe that South Africans have something to offer our sector. Rise up and seize the opportunity. Like the youth say: "Uzoyithola kanjani uhlel' ekhoneni." [If you stay in your corner, you will lose]. Thank you. [Time expired.] [Applause.
The TEMPORARY CHAIRPERSON (Mr L B G Ndabandaba): Hon members, we thank the hon Deputy Minister. There is a slight amendment to the speakers' list: Instead of the hon Khoarai being speaker number 10, we shall call upon the hon V Bam-Mugwanya to be the 10th speaker, and she will speak for 10 minutes.
the ANC's vision of economic transformation takes, as its starting point, the Freedom Charter's clarion call that "The people shall share in the country's wealth," hence our support of Budget Vote 34 in terms of the development, empowerment and transformation of small, medium and micro enterprises, SMMEs. This is a sensitive topic indeed.
This transformation process has, over the past 16 years, undergone a number of phases, each building on what has gone before, but with the necessary continuity and change, as demanded by the ANC and by the objective conditions that face our economy. We are entering a new phase, that of a growth path and it is this new growth path that today's Budget Vote debate must speak to.
For far too long tourism has lacked the necessary economic transformative components of building broad-based black economic empowerment, BBBEE. In particular, the sector has lagged behind in the building of the most important component of broad-based black economic empowerment, namely that of social capital in terms of which the broadest sections of our communities become both economically empowered and collectively have wealth.
We are striving to strengthen our economic philosophy of a mixed economy that can thrive, be a motor of growth and development, and ensure that, whilst we have and build an integrated economy, the state must both drive the direction and set the broad framework within which our growth path will develop.
The strides that the department has taken now are applauded. Our objective therefore is to create decent work, break the back of unemployment and eradicate poverty. Today's debate on tourism will be assessed on whether it has been able to contribute to this perspective or not.
The skewed patterns of ownership and production, the spatial legacies of our apartheid past and the tendencies of the economy towards inequality, dualism and marginalisation will not recede automatically as economic growth accelerates. Decisive action is required to thoroughly and urgently transform the economic patterns of the present in order to realise our vision for the future.
The Constitution of the Republic - and the ANC's vision and mission, which largely influenced the content of the Constitution - requires that we pursue economic programmes to redress the inequalities of the past, and tourism has a definite role to play in this.
Tourism is the largest and most rapidly expanding economic activity throughout the world, and in South Africa the tourism industry has been growing at an unprecedented rate, as we heard in the previous speeches by the hon Minister and his Deputy. It is globally accepted and acknowledged that tourism has unrivalled potential to create sustainable jobs and grow the economy faster than any other sector.
The jobs and business opportunities created in tourism have special significance for an economy such as ours. They help to spread opportunities beyond our major metropolitan areas to the provinces. We need to create job incentives which remain in the rural areas, assist in the development of these areas and bring the richness of our cultural heritage to our nation and beyond. Through this, SMMEs are set to grow in the nine provinces.
Broad-based black economic empowerment and the development of small, medium and micro enterprises are crucial elements in the ANC-led government's plan to redistribute wealth, boost economic development and, in this way, drive gross domestic product growth.
The strategy of BBBEE and the Public Preferential Framework Act must undo the legacy of apartheid that excluded the majority of South Africans from proper participation in the economy. Broad-based black economic empowerment in the tourism sector is aimed at addressing a number of systemic problems in our economy, like the narrow base and concentrated nature of ownership and control, inadequate investment in skills development, low levels of entrepreneurship and limited investment in underdeveloped areas. In addition, the juxtapositioned tourism curriculum meant that there was high unemployment, something which the hon Deputy Minister has promised will be rectified, transformed and redressed.
For the tourism sector to thrive and grow, it is very important that the issue of transformation is taken very seriously. The gazetting of the Tourism Charter as a code of practice is one step towards achieving the ultimate goal of transforming this sector.
Transformation of the tourism sector will be facilitated by ensuring that, in line with the 2014 Millennium Development Goals, 70% of the tourism industry complies with the Tourism BEE Charter and Scorecard by 2014.
It is commendable that this budget makes ample provision to facilitate the transformation of the tourism sector through the implementation of the Tourism BEE Charter and Scorecard; to support the development of SMMEs through the Tourism Enterprise Partnership with funding that will be used for developing and promoting new enterprises, products and investment packages and for improving existing products; to promote opportunities for transformational tourism development; and to promote transformational ownership opportunities and support the necessary verification and monitoring processes.
Even more important, in order to transform this industry in a meaningful way, it is necessary to equip our people with skills and knowledge to manage tourism business enterprises for meaningful, participatory engagement.
What is critically lacking is that the tourism sector has not shown an appreciation for the development of tourism co-operatives in terms of which the redistribution of resources and finances can have a much larger impact upon our communities. Far more effort and resources need to be ploughed into this area: training in managerial skills, market analysis, finance management, etc, so that transformation is felt in a much wider and broader collective and is not just the pursuit of a narrow path of wealth redistribution, retarding the anticipated accelerated growth.
As alluded to by the Minister and other participants in the House, South Africa is on the brink of one of the most significant events in its history, the 2010 Fifa World Cup. Ke nako. [It is time.
We have witnessed not only huge public-sector investment in stadia and precinct development, transport, telecommunications, safety and security, and ports of entry infrastructure, but also in massive new investment in the hospitality industry, like hotel and resort development by the tourism industry itself.
These investments will leave a lasting legacy beyond the 2010 World Cup. Likewise, the 2010 World Cup brings a myriad of opportunities for small, medium and micro enterprises, as well as for emerging tourism entrepreneurs, thus resulting in their growth and development.
Whilst bigger businesses stand to benefit from the World Cup, one wonders, however, if SMMEs such as guest houses, bed and breakfast operators and taverns, as well as the informal sector that plays an important, although often unrecognised, role in the economy, will really benefit that much from this mega event, because certain areas of commercial activity are limited to Fifa and its sponsors.
This is because there are strict restrictions on sales, marketing and advertising in designated areas such as stadia. Small, medium and micro enterprises have found these areas impenetrable, particularly by our rural communities and enthusiastic entrepreneurs. What the Deputy Minister has promised in terms of rural-biased development is commendable.
In the hospitality industry there are clearly a number of challenges where entrepreneurs are concerned. Included in those problems are the unrealistic licence fees many local entrepreneurs have to pay in order to form part of Match Services, and the protection rights imposed by Fifa to protect its sponsors' rights to do business in areas surrounding match locations.
The TEMPORARY CHAIRPERSON (Mr L B G Ndabandaba): Hon Bam-Mugwanya, your time has expired.
Mrs V BAM-MUGWANYA: The ANC supports Budget Vote No 34. [Applause.
Mrs C DUDLEY: Chair, hon Minister, you have, during other interactions, expressed concerns that the alignment of budgets is not geared for tourism and that the allocations for tourism are minute compared to the revenue that tourism contributes to the fiscus, with tourism contributing more to the fiscus than mining, and that money spent on tourism does not necessarily find its way back into tourism. The reservations the ACDP has concerning the budget relate to these concerns.
This newly created department, we are told, has not received the full allocations it requested, and some posts could, therefore, not be filled. What impact will this have on the department's ability to deliver on its priorities?
The fragmentary nature of tourism within government that you alluded to, hon Minister, will need focused attention. Has a sufficiently large budget been allocated to streamline and establish an integrated strategy to cut down on duplication and reduce skills and rand wastage?
The ACDP commends the department on the Tourism Service Excellence Initiative, which targets a national behaviour change needed to achieve service excellence. Being attentive to visitors' needs and adopting a make-it-right attitude are fundamental principles.
The Tourism Growth Programme, which is responsible for the promotion of growth, competitiveness and quality of the tourism sector, received the highest allocation from the department's budget. This will hopefully result in service excellence in the industry, responsible tourism and human capital development.
The ACDP notes, however, the repeated concerns regarding a lack of access to information in rural areas and the need for focused radio marketing to reach rural areas with behaviour-change requirements. The setting up of locally owned tourist businesses should also be encouraged. Have these concerns been taken into consideration in this budget?
The ACDP agrees that the spread of tourism to include small-town and rural tourism as priority sectors in the growth of tourism is very important. It will increase investment in the development of rural tourism products and increase participation, ownership and management by locals in poorer communities. A review of existing legislation that has been suggested to ensure the support of local government in relation to effective tourism planning and the development and improvement of public and private infrastructure in this sector is possibly necessary.
World Cup-related entrepreneurial activity is rated to be significantly below the average at present. In the hospitality industry, there are still a number of challenges, including the unrealistic licence fees for many local entrepreneurs due to Match, the zealous protection rights imposed by Fifa.
Whilst government was aware of these restrictions prior to seeking and hosting the World Cup, there is now a discrepancy between the hype-aroused entrepreneurial aspirations of the nation, the restricted economic activity, and the expected local profit emanating from the World Cup. We hope South Africans will rise above any despondency and reap their just rewards in this regard.
I was reminded just now - and perhaps, hon Minister, you could comment - on how much the department has focused on health and disability tourism. Have we done that to our best advantage We will be supporting this budget. Thank you. [Time expired.?
Mr R B BHOOLA: Chairperson, notwithstanding what the prophets of doom say, South Africa has been an important tourist destination. I suggest to the hon Minister that he also look at local tourism, travelling from one province to another, and also that tour operators not only look at the favourite, Cape Town, but at other areas too. They must look at other parts of the country that have become world tourist attractions.
We must also look for South African tourism. The King Shaka International Airport has opened, and we need massive assistance from South African tourism and the national department to make sure that the world's airlines land at King Shaka International Airport.
We understand that there must be diplomacy over the World Cup, but the same things happened in Korea and Japan. I want to echo the sentiment that we cherish the hope that hosting this mega event will have a tremendous impact on the lives of ordinary South Africans.
We are blessed, indeed, with flora and fauna. We are blessed with human resources and, indeed, we must do everything to portray a very positive image.
The MF is extremely concerned about rural tourism development and that it remains a challenge in this country. The implementation of infrastructural development aligned to rural communities and previously disadvantaged communities needs to be addressed as a priority. It is absolutely imperative for government to render support to rural areas in respect of facilities for the tourism sector.
The MF is greatly concerned about how the department plans to increase the level of employment by marketing South Africa as a preferred destination to international markets with a reduced allocation.
The development of models that enhance local tourism and development planning is a critical part of contributing to cultural tourism and rural development. The MF welcomes the tourism planning toolkit, but strongly emphasises that Parliament needs to oversee the application of these models and the ultimate impact this has on tourism, and the progress it contributes to, in tourism.
It is important that we put aside all local differences and fly under one flag in spite of our diversity. The MF will support the Budget Vote.
Mrs J M MALULEKE: Mutshamaxitulu, Holobye wa Ndzawulo ya swa Vupfhumba, Xandla xa Holobye, vatirhikolorhi, vayeni va hina ndza mi xeweta. [Chairperson, Minister of Tourism, Deputy Minister, colleagues and our guests, I greet you.
Allow me to quote former New York City Mayor Rudy Giuliani who said, "When the right person is the leader, he does even better even during tough times." I say this by way of thanking the President for leading us in the campaign on HIV counselling and testing.
Ndzi khensa vamanana va Afrika Dzonga, ngopfu va ANC Women's League, lava nga lwela mhaka yo famba hi tipasi laha loko u nga ri na pasi a wu nga koti ku vhaka. A wu tsandzeka na ku ya ezoo ya Pitori u ri karhi u tshama eMamelodi kumbe ePhelindaba.
Namuntlha hi kota ku famba hi ya fika eN'walungu hi nga chavi ku khomiwa. Namuntlha vantshwa va hina va kota ku famba va ya ematikweni yo hambana va ya cina 'diski dance'. Hi khensa vamanana lava hi ku tiyisela ka vona. (Translation of Xitsonga paragraphs follows.
I would like to thank the South African women, in particular those from the ANC Women's League, who fought against the pass laws in terms of which you could not travel without carrying a pass document. You could not even go to Pretoria zoo, despite living in Mamelodi or Pelindaba.
Today we are able to travel up north without fear of being arrested. Our youth today are able to go to various countries to perform the diski dance. We are indebted to these women's determination.
Tourism has become one of the world's top job creators, providing 75 million direct jobs worldwide. It drives the viability of many small and medium enterprises. Tourism also provides fast entry into the workforce, particularly for women and the youth.
The President said in his state of nation address, and I quote: "We need to invest in our youth to ensure a skilled and capable workforce to support growth and job creation." Capacity-building and training are very important in achieving the goal of making sure that there is effective tourism growth and that in the industry service excellence takes centre stage.
Only proper training will ensure that the various opportunities in the industry are professionalised and made attractive to the vast majority of young people. In this way, the domestic and international tourism industry in the country will grow.
The President, in his state of the nation address, said further, "We must also increase the number of youth who enter learnerships in the private and public sectors." Capacity-building will ensure that human capital is effectively managed to grow a service-oriented, world-class tourism industry and this can be done by focusing on professionalising tourism guides and other operators in the industry and improving service levels and customer satisfaction.
Therefore, it is encouraging that in line with the tourism development mandate, 20 000 volunteers were trained in the "Know your Country, Know your City" programme for the 2010 World Cup. Sixty-four unemployed tourism graduates were placed at Canada's Ritz-Carlton Hotel and 32 young people were placed with a South African hotel group for management training purposes, while 120 tourist guides were trained in other languages, including French, German, Portuguese and Spanish.
Vanhu loko va tirhe swa kahle va khensiwa. ANC yi khensa vukosi bya Royal Bafokeng eNorth West loko va tekile vantshwa ku ya leteriwa hi mitirho ya swa hotela. Va ta kota ku ya tirha eka hotela leyi nga akiwa laha ku nga ta tshama vatlangi va bolo va England. Hi ri eka n'wina mi nga vuli mi ku 'if I was there' va na kona leswaku u ta vona hotela ya manyunyu leyi nga kona eNorth West. (Translation of Xitsonga paragraph follows.
[People should be commended when they have done something good. The ANC would like to thank the chieftainship of the Royal Bafokeng in the North West for putting the youth into hotel and hospitality training programmes. They will be able to work in the newly-built hotel where the England national soccer team will be hosted. We urge you not to miss out on viewing the five star hotel in the North West so that you do not regret it later by saying 'if I was there'.
The Tourism, Hospitality and Sport Education and Training Authority - Theta - has managed to conduct a number of workshops in six provinces in a mission to ensure that provincial skills development and training needs were included in the sector skills plan. The training conducted by Theta included unemployed graduates and was aimed at providing the scarce skills needed by the sector.
The general outcry is that all the initiatives do not reach the rural communities. Minister, we hope that you will deal with this problem.
We are bringing the tourism industry closer to the education sector to ensure that our training and education system produces the exact knowledge and skills needed by the industry. This is the only way to ensure that tourism, our new gold, has a solid and relevant skills base for continued future growth.
I am confident that if a comprehensive service excellence training programme, targeting management and staff within the tourism value chain, is implemented, the objectives in the state of the nation address of promoting an inclusive economy to create job opportunities through the Expanded Public Works Programme, of increasing training and skills development, and of supporting SMMEs will be well served.
This budget will allow the competitiveness of the tourism industry to be assured by, amongst other things, implementing service quality assurance, creating adequate capacity to effectively service the needs of the industry, particularly in light of the 2010 Fifa World Cup and its potential to secure visitors and have them return if they have a positive experience of the event.
South Africa can be positioned as a leading destination in terms of service excellence by rolling out service excellence training for front-line service staff in the sector.
People on the ground should feel the implementation of the strategy by the department, in order for us to say that the 2010 Fifa World Cup has left a real and sustainable legacy for this sector and for its strategic positioning beyond this sporting event.
We will do oversight functions with vigour and honesty, and we do trust that working together the Department of Tourism will respond with diligence and respect.
Lasting victory over poverty and hunger requires the creation of decent work opportunities and sustainable livelihoods. Education must be the centre of our efforts to improve the potential of every citizen and enable each one of us to play a productive role in building our nation.
The ANC supports the Tourism Budget Vote. Inkomu. [Thank you.
Ms M R SHINN: Chairperson, if this ANC-led government is serious about using the tourism industry to boost economic development and create employment, it needs to demonstrate that it understands what drives tourism growth. Tourism is basically a customer-driven service industry. It cannot be an ideological tool for social redress and voter appeasement.
The first strategic theme of the new national Department of Tourism is people empowerment and job creation, followed by tourism sector transformation, sustainable work creation, and growing the culture of domestic tourism. Identifying and growing markets comes further down the list.
There are many noble aims within its strategic themes, but are these the department's responsibility It seems the department wants to shape and control the industry rather than facilitate the expansion of professional entrepreneurial tourism. Much of the department's newly apportioned tasks seem to clash with the responsibilities of the Departments of Rural Development and Land Reform, Trade and Industry, and Economic Development?
Is the new Department of Tourism trying to justify its existence by making work for itself by taking on the other departments' tasks Most of its new tasks are probably best left to the private sector that is mindful of its critical role in growing the economy and jobs?
For tourism to flourish, it is critical to identify the most lucrative source of tourists and determine what they want. We must package offerings that entice them to spend their hard-earned cash in South Africa, rather than in Australia and the Far East, our main competitors.
If marketing South Africa as a tourism destination of choice to those with disposable income is done well, the economic benefits for our GDP and job creation are logical outcomes. But the department has turned its focus inwards, and expects its main tourism growth to come from within Africa. I fear our tourism industry will not be as financially successful as it could be because of this.
There is government enthusiasm to drive the development of community-based tourism to alleviate rural poverty. This is not a quick fix for joblessness. There are few community-based tourism success stories anywhere in the world. Our many failed cultural villages, heritage sites and craft centres are silent testimony to the difficulty of creating sustainable livelihoods this way.
We believe government should create an environment, free of bureaucratic and ideological impediments, to enable hard-working tourism entrepreneurs of all skin colours to grow and share the benefits of their good ideas. One only has to look at what the government has done to SA Tourism to be concerned about its understanding of where tourism growth comes from.
SA Tourism has done a brilliant job, with inadequate funds, of marketing South Africa to the world's football fans and a worldwide television audience. It has won numerous international awards over many years for its excellence. From our Auditor-General it has achieved eight consecutive unqualified audits, a unique achievement for any entity overseen by government.
But never before has SA Tourism been as weak as it is now - when it should be surging ahead to capitalise on the unique market exposure that the 2010 Fifa World Cup offers our nation. It is weak because of the ANC-led government's insistence on demographic bean-counting when it comes to filling strategic posts. No R820-million, internationally active corporation would appoint as its CEO a person unqualified and inexperienced to do the job. But the government did this. It appointed a government employee, an ambassador with no corporate management or marketing experience to head SA Tourism.
There are those that say that this ambassador-to-SA Tourism CEO model worked in the past. I counter that the global tourism market of 2010 and beyond, operating in an economically bruised world, is vastly different to that of 10 years ago. Tourism - and South Africa in particular - is tougher to sell now.
Alas, this new appointment led to the resignation of the person who ran the organisation for the past year. Didi Moyle did three jobs at SA Tourism - Acting CEO, Chief Operating Officer and Acting Research Officer. Now this experienced tourism professional is lost to the organisation, and will be sorely missed.
I am sure that the excellent team she left behind will support the new CEO as she finds her feet, but she'd better find them fast and develop the backbone to fight her ANC masters so that SA Tourism can be funded properly to do its job well.
In its misguided belief that South Africa's natural beauty sells itself, the government has cut its contribution to SA Tourism by R50 million, or 20%, at precisely the time we should be bombarding the world with our tourism offerings. And next year they plan to do it again by R53 million; and the following year by R57 million. This is a total cut of R160 million to the budget that SA Tourism was previously allocated over the Medium-Term Economic Framework, money essential to capitalise on the long-term tourism promise of the World Cup.
These cuts to SA Tourism's budget are irresponsible, given the government's lofty pronouncements about how tourism will grow the economy and jobs. Government is creating unrealistic expectations from an inhibiting strategy. We urge the department to give SA Tourism the respect this strategic asset deserves and allocate it appropriate resources. [Applause.
Mong L P KHOARAI: Modulasetulo ya kgabane, Letona la tsa Bohahlaudi, Motlatsa Letona wa Lefapha la tsa Bohahlaudi, Ditho tse hlomphehang tsa Ntlo ya Ketsamolao, lengolong la Ntlo ya Tokoloho, Freedom Charter, mokgatlo wa ANC o ile wa nka kano le baahi ba Afrika Borwa, ba re moruo wa naha ena re tla o arolelana le batho bohle ba o sebeleditseng. Ke kahoo ke reng ANC e tshehetsa Ditekanyetso tsena tsa lefapha.
E re ke nke puo ena ya ka, ke thoholetse bahale ba ileng ba wa ntweng ya tokoloho motseng wa Rammulutsi ka la 19 Mmesa 1990. Kajeno lena ba qeta dilemo tse mashome a mabedi ba le mobung o batang. Bahale bao ke ba latelang: Ndoda Radebe, Senki Nzeku, Jerry Joale, Mmoledi Tshotshotso le Pitso Moholo.
Puo ya ka ke tla e tshetleha ho diphihlello tsa lefapha le mesebetsi ya selehae. Lenaneo lena la lefapha le ekeleditswe ditjhelete ho tloha ho R325 ya dimiliyone selemong se fetileng sa ditjhelete, ho fihla ho R361 ya dimiliyone selemong sena sa ditjhelete. Ke kahoo lefapha le fihlelletseng tse latelang: Lefapha le fihlelletse ho phahamisa moruo wa naha ena ka diperesente tse hlano. La boela la fihlella ho etsa mesebetsi e metjha e ka bang 500 000, ho nka karolo ho aha ditsela ka hara naha ya Afrika Borwa, ho aha botjha mabala a dipapadi, ho aha matlo a baeti.
Lefapha le fihlelletse ho lokisa botjha boemafofane ka hara naha ya Afrika Borwa, ho aha botjha meedi ya naha ya Afrika Borwa bakeng sa batho ba tlang ho eta dipapading tsena tsa Mohope wa Lefatshe wa bolo ya maoto wa mokgatlo wa Fifa. Ebile lefapha le nkile karolo e hodimo haholo dihlophisong tsa dipapadi tsa lefatshe tsa bolo.
Tsena ke tse ding tsa dintho tse fihlelletsweng ke lefapha ka ho aha hape tse latelang. Lefapha le ahile metsana ya selehae, le ahile dikgutlwana tsa masedi a bohahlaudi, le ahile ditselana tsa metse selehae, dimuseamo, dikgutlwana tsa kopanelo, le ahile matlo a baeti a tlatselletso ho eketsa matlo a teng a kamohelo ya baeti.
Lefapha le sebeditse, Modulasetulo ya kgabane, nakong ena ya Ditekanyetso tse ileng tsa fokotswa ka lebaka la maemo a moruo ka hara naha. Lefapha le sebedisitse tjhelete e kana ka R426 ya dimiliyone ho ntlafatsa maemo a baahi ba Afrika Borwa, ho tloha selemong sa ditjhelete sa 2006-07 ho fihla ka 2010-11.
Lefapha le boetse la sebetsa ka ho thusa metse ya mahaeng, ka ho qolla, metse e profensing ya Kapa-Botjhabela, mme le entse diporojeke tse 27 tsa boleng ba R240 ya dimiliyone. Foreistata, lefapha le entse diporojeke tsa boleng ba R98 ya dimiliyone, Limpopo, diporojeke tsa boleng ba R38 ya dimiliyone, Mpumalanga, diporojeke tsa boleng ba R18 ya dimiliyone, Bokone-Bophirima, diporojeke tsa R7 ya dimiliyone. Le mona Kapa-Bophirima, lefapha le sebedisitse tjhelete e kana ka R40 ya dimiliyone ho etsa diporojeke tse pedi tsa ditsela. Modulasetulo ya kgabane, ka Ditekanyetso tsena tse kgaotsweng tsa lefapha, lefapha le sebeditse ruri. [Mahofi.
Dintlha tsa bohlokwa tsa Lefapha la tsa Bohahlaudi ke ho hlwaya dintlha tse ka hodimo tsa phethahatso, tse jwalo ka tse latelang. Ho hlahisa mesebetsi ya moshwelella ka mokgwa wa porojeke e atolositsweng ya tshebetso, ho aha le ho eketsa tsebo le thuto ya basebetsi, ho hlokomela hore dintlafatso di ba teng metseng ya mahaeng.
Lenaneo lena ke le leng leo Mopresidente wa naha a le hlakisitseng ka bokgabane puong ya hae ha a ne a re: Lefapha lena la Bohahlaudi le tlameha ho betla mesebetsi ya moshwelella ka mokgwa wa porojeke e atolositweng ya tshebetso. Lefapha lena le tla eketsa le ho atisa moruo wa naha ka bohahlaudi. Ho ruta le ho eketsa tsebo ho borakgwebopotlana le borakgwebo ba banyenyane.
Letona le kgabane, tse ding tsa ditsebi di re Gauteng, KwaZulu-Natal le Cape Town ke tsona tse hohelang bahahlaudi ho feta diporofensi tse ding ka hara naha ya Afrika Borwa. Haeba sena ke nnete, Letona le kgabane, potso ke hore ekaba diprofensing tse ding, na ho ntse ho etsahala eng Ke na le bonnete ba hore o tla hlakisa tsena ka ho teba le bobatsi ha o arabela dipotso tsena?
Lefapha le thusitse bommasepala ba ditoropo tse ngata ho hloma dibaka tse bulehileng tsa ho shebella dipapadi tsa lefatshe, moo ho nang le dibaka tsa setjhaba sebakeng sa ho boha dipapadi. Na ebe Letona le kgabane, dibakeng tsena tsa ho boha tsa setjhaba, lefapha le tla thusa jwang mahaeng a mapolasi le metseng ya mahae Lefapha le tlo tswela pele ho eketsa diphetoho le ntlafatso metseng ya mapolasing, le ho theha mesebetsi ya moshwelella. Tsena di tla etsahala ho tloha mmusong o bohareng ho isa mmusong wa selehae?
Ha ke qetella, ke rata ho leboha Letona le kgabane, Motlatsa Letona, Lefapha la tsa Bohahlaudi, bohle ba nkileng karolo ho aha botjha Afrika Borwa ena.
Modula-setulo ke tla ba mokgutshwanyane haholo ho ka hlalosa tse ding tsa diphihlello kapa tse builweng ke dibui mona Ditekanyetsong tsena tsa kajeno. Ke maswabi ho bona hore ba bang ba buileng mona ke batho bao e leng hore ha re ba bone ka mahlo ba hlahella komiting ena. Empa ho hlakile hore bana ba buileng mona ho tswa ho Freedom Front, ID, le MF ke ba bang ba batho bao e leng hore ha ba tle dikopanong tsa Komiti ena.
Ke kahoo ba kgonang ho bua ka hore na ekaba Lefapha le tla etsa jwang mabapi le tse etswang ke Lefapha la Dipapadi le Kgatholoho. Ha se mosebetsi wa Lefapha lena ka botebo hore le etse mesebetsi e etswang ke lefapha leo.
Mosebetsi ona o hlakisitswe ka bobatsi ke dibui tse buileng pejana, le ka mane ka letsohong le letshehadi, ha di re, ke ho betla tsela hore ho be le moruo o phelang ka hare ho naha ya Afrika Borwa. Ke mosebetsi oo re tshwanetseng ho o etsa, o ntseng o etswa ke Lefapha lena, le tse ding tseo ba seng ba di hlalositse. Ke ba bang ba batho ba bontshang hore, ha re kopane dikopanong kapa Komiting ena ya tsa Bohahlaudi, re ntswe leng. Ke kahoo re ke keng ra fapana ka tsena tse boletsweng mona.
E mong wa dibui ka mona ka Ntlong, o hlalositse hore ekaka mokgatlo wa ANC ke ona o nkang karolo ho bea batho ba sa itekanelang mesebetsing e itseng. Ke na le bonnete ebile ke kgolwa hore mme ya neng a bua ka mona o ne a le teng ha Mopresidente wa naha a ne a hlalosa puong ya hae ha a ne are: "Ha ho bolelwe hore ha o se setho sa ANC ha o a tlameha ho fumana mosebetsi. Jwale ka moahi wa Afrika Borwa eo e leng hore Molaotheo wa naha ena le wena o a o sireletsa, o na le tokelo ya mosebetsi ka hara naha ya Afrika Borwa".
Ke kahoo ke reng kannete ha re bua mona re ke re hopole tseo batho ba bang ba di buileng pejana, haholo jwang ha di buuwa ke Mopresidente a hlalosa ka bobatsi mesebetsi ya rona kapa mosebetsi oo a o behetsweng ke baahi ba Afrika Borwa ba diketekete. Ke a leboha. [Mahofi.
MODULASETULO WA NTLO (Mong M B Skosana): Ke a leboha Setho se kgabane. Mohlomphehi ntumelle ke hlalose hore, ke ho rarahana ha leleme ha ke qapodisitse lebitso la hao ka tsela eo e seng yona ha ke ne ke o hwelehetsa hore o phahame. Ha e be kgotso ntate! (Translation of Sesotho speech follows.
Mr L P KHOARAI: Chairperson, Minister of Tourism, Deputy Minister of the Department of Tourism and hon members of the House, the ANC and the people of South Africa pledged in the Freedom Charter that the economy of this country shall be shared amongst all the people who work hard for it. This is why I say the ANC supports the Budget Vote for this department.
I would like to take this opportunity to applaud the heroes who fell in the fight for freedom on 19 April 1990, in Rammulutsi. Today marks the twentieth anniversary of their deaths. Those heroes are: Ndoda Radebe, Senki Nzeku, Jerry Joale, Mmoledi Tshotshotso and Pitso Moholo.
My speech will mainly reflect on the achievements of this department and the work done locally. The department has seen an increase in the budget allocation from R325 million in the previous financial year to R361 million in the current financial year. This is why the department managed to achieve the following: The department has managed to increase the economy of the country by five percent. It has further created about 500 000 new jobs, has played a major role in building new roads in South Africa, and has helped in building new stadiums and hotels.
The department has helped with the renovation of airports in South Africa and the improvement of the South African border posts for those who will be visiting the country for the 2010 Fifa World Cup and has further played an important role in the preparations for this event.
There are other achievements of the department in construction. They include, among others the following: The department helped in building local communities; it also built tourism information centres. It has also built roads locally, museums, networking forums and has also built additional hotels to add to the existing number.
The department has done a lot, Chairperson, even though its budget was reduced as a result of the current economic conditions in the country. From 2006-07 to 2010-11 it has spent R426 million to improve the lives of the people of South Africa.
The department has also assisted rural areas, particularly those in the Northern Cape, by establishing 27 projects to the value of R240 million. Projects to the value of R98 million were created in the Free State and R38 million was spent in Limpopo. In Mpumalanga, R18 million was spent on such projects, and R7 million was spent in North West. This department spent a further R40 million on two projects related to roads construction in the North West. Hon Chairperson, despite the reduced funding, the department has indeed done a lot. [Applause.
The main focus of the Department of Tourism is to identify major challenges such as creating sustainable jobs through the extended projects, broadening and developing the knowledge and education of workers to ensure that rural areas are developed.
This programme was outlined clearly by the President of the country in his speech when he said that the Department of Tourism must create sustainable jobs through the extended projects. This department will increase the economy of the country through tourism. It will also teach and broaden the knowledge of the emerging entrepreneurs, including those in small businesses.
Hon Minister, some analysts say Gauteng, KwaZulu-Natal and Cape Town attract more tourists in the country than other provinces. If this is true, hon Minister, the question is what is happening in the other provinces I believe that you will explain this in detail when you reply?
This department assisted various municipalities to establish fan parks and public viewing areas to enable fans to watch the Soccer World Cup. Hon Minister, how is the department going to assist regarding fan festivals and public viewing areas on farms and in rural areas The department will continue to improve rural areas, bring changes and further create sustainable jobs. These will happen from national to local government?
In conclusion, I would like to thank the hon Minister, the Deputy Minister, the Department of Tourism and everyone who contributed in rebuilding a new South Africa.
Chairperson, I will explain briefly some of the achievements or reiterate what has been said by the previous speakers in this Budget Vote today. It is regrettable that some of the previous speakers do not even attend meetings of this committee. It is obvious that those from the Freedom Front, ID and MF are among those who do not attend meetings of the committee.
This is why they are able to ask questions about what this department will do in relation to what the Department of Sport and Recreation is doing. It is not the responsibility of this department to assume the responsibilities of the Department of Sport and Recreation.
What this department has done was outlined by previous speakers, including those on the left, when they said that it is important to pave the way for the establishment of a healthy economy in South Africa. What the Department is doing is exactly the work we need to do and many other things that were previously mentioned. These are some of the people who show that when we are in meetings of the Portfolio Committee on Tourism, we all speak with one voice. This is the reason we won't differ with what has been said.
One of the speakers in this House mentioned that it seems as if it is only the ANC that is taking sole responsibility for putting people with disabilities in certain positions. I strongly believe that the hon member who has just spoken was present when the President of the country said, during his speech, that it does not mean that if one is not a member of the ANC one will not be employed because, as a South African citizen, one is protected by the Constitution. Everybody has a right to be employed in South Africa.
We need to take into consideration what the previous speakers have said when we deliver our speeches, especially when something was mentioned by the President explaining our work or the task that was given to him by thousands of South African citizens. Thank you. [Applause.
The HOUSE CHAIRPERSON (Mr M B Skosana): Thank you, hon member. Hon member, it was just a slip of a tongue when I mispronounced your name when I called you to stand. Please accept my apology!
The MINISTER OF TOURISM: Chairperson, I would like to thank all the hon members for their contributions and their support for the budget. I look forward to working with the members of this portfolio committee to achieve the aims that we are setting for ourselves.
I would like to deal with a number of issues in the limited time available. I hope that I can deal with all of them. There are six issues that I would like to respond to.
The HOUSE CHAIRPERSON (Mr M B Skosana): You have nine minutes, Minister.
The MINISTER OF TOURISM: That's right. I'll try my best, Chairperson.
I will start with the issue raised by the hon Krumbock of overexposure to certain markets. We basically agree with that. That is why we analyse the markets every year. We prioritise and reprioritise, if necessary, and our conclusion - as I said in my introduction - is that we will have to look at new markets: African markets, yes, but obviously also at the new markets that everybody is after, such as China and India. We will be opening our new tourism offices in Beijing on 24 May, and I hope it will be a major injection in that market.
Our traditional markets - Germany, the UK, the USA - which the hon member mentioned, will obviously continue to be important, but we must take note of the slower growth in those markets. For the time being, those regions will continue to be our bread and butter markets, but we obviously take note of that input.
There is also the issue raised by other hon members: that we are probably overexposed in terms of some of our traditional products, and that we will have to diversify, to incentivise and to look at new products in the market. One or two members mentioned - as I said in my introductory remarks - that we really have to focus on the convention and the conference markets in the future as well.
Before I deal with the issue of social tourism and the issue of our objectives in terms of growth - the 2015 targets - let me deal with two thorny and difficult issues that were raised by members. I am of the opinion that, if people raise difficult issues, one doesn't run away from them; one deals with them.
The hon member Shinn raised an issue that, I must say, I thought was not raised in the proper manner. I've known the hon member for a year now, and she's been a very constructive member of this portfolio committee. But, hon member, regarding the way that you raised the issue of the CEO of SA Tourism, I think, if you asked your senior colleagues for advice, they would have told you that that is not the way to raise an issue in this House.
There are ways to raise issues, but personal attacks, like the one which took place this afternoon, are simply not done in this House, because people cannot defend themselves. We are a Parliament of all the people and we treat people that we appoint with respect. Also, if we raise issues, we do so in a certain way. So, I would like to respond to that issue very specifically and not run away from it.
I've now been in Cabinet for six years. I have never had an experience in which somebody told me or any other Minister that you can't appoint a person on the basis of race. Never! Not once! We are not bean-counting. What we do when we appoint boards - and I think this is the DA's approach as well - is obviously to look at balance in terms of language, gender and so on. In a country like ours, one must do that, otherwise in the long run there will be trouble.
But when we appoint individuals where they have to do a job, I've never had any quotas enforced or even raised with me. I had a director-general who was white; I had two who were women and African. I introduced you to my director-general this afternoon. When considering those appointments, I have never looked at those factors. I asked myself: Is that the most capable person to do the job And then I made the appointment. [Applause.?
Concerning the CEO of SA Tourism, it is my view that SA Tourism has one of the best boards of any public entity. I have the highest regard for the person - who will now be leaving our service - whom the hon member mentioned. The fact of the matter is that the board unanimously recommended the appointment that I made, but I also applied my own mind. I have absolute, full confidence in the new CEO and I know that she will be able to do that job. [Applause.
So, the hon member is free to raise the concerns that she raised, and she should raise them in Parliament, but I think the manner in which she raised them is something that we should be very careful of doing in our Parliament.
Let me now deal with the issue raised by the hon Alberts from the FF Plus. He spoke Afrikaans, and I saw that some members had difficulty switching on their interpreting devices. We all knew what he referred to. He referred to the issue of hate speech and obviously to the recent murder of Mr Terre'Blanche. The hon Alberts is not here; I think he left the Chamber. Oh, there he is!
With regard to the issue of Mr Terre'Blanche, what is very difficult - and I want to be absolutely upfront about this - is that Mr Terre'Blanche never represented the view of the white community in this country. Never! Ninety-nine per cent - conservatively - never agreed with him. His murder was tragic, but this happens to blacks and whites and all South Africans, unfortunately, in our country, very often.
Now, I know the context in which the issue of hate speech was raised, and maybe one should say the following: It's very important in our country that those who are the defenders of our Constitution don't simply start off where those who were previously responsible for hate speech left off. It's very interesting that those people who, historically, were the paragons of hate speech, now want to use our Constitution to always find protection. [Applause.] And it is good; all South Africans now deserve the protection of our Constitution.
But around that whole debacle there's something that I haven't seen anybody notice, and let me be blunt about it: It was an African Minister and an African head of the SA Police Service who went to visit Mr Terre'Blanche's widow. Just think about that. If somebody had said to one of us 20 years ago that on the day Mr Terre'Blanche passes away, you will have an African Minister and head of police visiting his widow, people would have said, "Listen that's impossible." The Minister and head of police were graciously and very cautiously received by his widow, who was in mourning. Now, even in that there is a message.
The perpetrators have been caught and are now before a court of law, and we are all defending that process. So, even if we say hate speech is wrong, we should always see the hope that is in a certain situation. I think there is a lot of hope in that for South Africans - how we dealt with, and how we are dealing with, those issues. [Applause.
The hon member Shinn also raised the fact that this is a customer-driven industry - which is absolutely true - and that there shouldn't be too much government intervention. Now let me just convey here, as I conveyed to the portfolio committee, what our government, my own, the Deputy Minister and the department's approach to this industry is: We understand that this is an industry in which creativity is very important. Competition is fierce. You need new products all the time. You need people who are innovative.
So, if you have that, you never overregulate. That's why we gave an undertaking to this industry, not because we had to, but because we know what works. We said to them: "We are going to deal with you, not with a heavy hand, but with a light touch, to allow you to grow." But - and this is probably where we differ - we always said that nobody could ignore the skewed distribution and the result of what history produced in this country.
So, in that respect, as a government, we must have programmes to intervene. If we want a better balance in future, if we want to give people equal opportunities, then we must do X, Y and Z, a BEE Charter, the codes of good practice, and certain other interventions.
There is an intervention I would like to mention and on which I would like Members of Parliament to work with us - and it's not socialism. There are many European countries that have this model. The UK's one is very successful. This intervention is to advance social tourism: to give people with limited resources - modest income and physical ability - the ability to be part of the tourism industry and to enjoy what many other people are doing.
I don't think we are doing enough. If I look at our own budget, we have almost R1 billion - over R900 million - over the Medium-Term Expenditure Framework period for our Social Responsibility Programme. For the first years of that programme all government departments have decided to invest in a number of smaller projects.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon Minister, please wind up now.
The MINISTER OF TOURISM: I want to work with Members of Parliament to make major investments to ensure that we use that money, hopefully, for bigger projects, and that we give more South Africans, especially those from the working class, the opportunity to be part of this. I would also like to hope that the trade unions will work with us in that regard. Thank you. [Applause.
The HOUSE CHAIRPERSON (Mr M B Skosana): Thank you, hon Minister. Members, you are reminded that the Extended Public Committee on Trade and Industry will meet in the Old Assembly Chamber at 16:30 today.
The Committee rose at 16:22.
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Constitution Eighteenth Amendment Bill [B 8 - 2011] (National Assembly - sec 74(3)(b)).
Military Ombudsman Bill [B 9 - 2011] (National Assembly - sec 75).
Implementation of the Geneva Conventions Bill [B 10- 2011] (National Assembly - sec 75).
Proclamation No R.58 published in Government Gazette No 33718 dated 29 October 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Proclamation No R.59 published in Government Gazette No 33718 dated 29 October 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Proclamation No R.62 published in Government Gazette No 33744 dated 08 November 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Proclamation No R.63 published in Government Gazette No 33744 dated 08 November 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Proclamation No R.1047 published in Government Gazette No 33747 dated 10 November 2010: Withdrawal of Government Notice No R.2095 dated 13 September 1985 in terms of the Dangerous Weapons Act, 1968 (Act No 71 of 1968).
Proclamation No R.1048 published in Government Gazette No 33747 dated 10 November 2010: Withdrawal of Government Notice No R.409 (Transkei) dated 7 March 1975 in terms of the Dangerous Weapons Act, 1968 (Act No 71 of 1968).
Annual Report on the Implementation of the Child Justice Act, 2008 (Act No 75 of 2008).
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Consideration of Appropriation Bill [B 3 - 2011] (National Assembly - sec 77) and of Report of Select Committee on Appropriations thereon (Announcements, Tablings and Committee Reports, 24 June 2011 , p 2224).
Consideration of Report of Select Committee on Appropriations (Announcements, Tablings and Committee Reports, 24 June 2011, p 2224 - Third Quarter spending on Devolution of Property Rate Funds Grant).
Consideration of Report of Select Committee on Appropriations (Announcements, Tablings and Committee Reports, 24 June 2011, p 2224 - Third Quarter spending patterns on Community Library Services Grant).
Consideration of Basic Education Laws Amendment Bill [B 36D - 2010] (National Assembly - sec 76) and of Report of Select Committee on Education and Recreation thereon (Announcements, Tablings and Committee Reports, 23 June 2011, p 2190).
Consideration of State Liability Amendment Bill [B 2B - 2011] (National Assembly - sec 75) and of Report of Select Committee on Security and Constitutional Development thereon (Announcements, Tablings and Committee Reports, 22 June 2011, p 2164).
further notes statements by the African National Congress and other opposition parties in the City of Cape Town that the DA misled the public about the areas in which they had underspent when in fact the City of Cape Town only spent 38.
calls on the Minister of Finance and the Minister of Cooperative Governance and Traditional Affairs to investigate the City of Cape Town's financial report and to charge any person responsible for the gross manipulation of public funds, misleading the public and hiding the City of Cape Town's incompetence.
takes note that the ANC government is guilty of poor judgment and is party to the maintenance of dictatorial governments that suppress and butcher people.
debates the extent to which infrastructure limitations affected school attendance and the very operation of the school.
further debates the failure of the Minister of Police to provide leadership and encourages the top brass to engender within the force a love of the Constitution of South Africa.
notes with utter dismay the derogatory remarks made by the parliamentary leader of the Democratic Alliance, the hon.
takes this opportunity to condemn in the harshest possible terms the remarks made by the hon Trollip for his derogatory views which were not only directed at Mr Kelder but at Afrikaners in general.
takes this opportunity to salute all those who have lost their lives in this massacre and commits ourselves to ensure that their lives were not lost in vain by working towards a just and better life for all.
acknowledges the failure of the MEC of transport to know what was going on in his department which allowed for the deal to go ahead without authorization.
acknowledges that it is about time that municipalities in the Free State Province pay the monies collected to Eskom and not use these funds to pay other debts or to balance the books before Eskom is forced to take other drastic measures.
acknowledges that government must ensure that justice is served and that the laws of this country are not bent for the political elite.
takes this opportunity to welcome Mrs Michelle Obama on the beautiful shores of our land and wishes her a remarkable experience in the time she is part of the fragrances of the African nature, the hills and the valleys, the mountains and the glades, the rivers, the deserts, the trees, the flowers, the seas and the ever-changing seasons that define the face of our beautiful African land!
requests the Select Committee on Cooperative Governance and Traditional Affairs to investigate this case as well as the progress made by the Koukamma Municipality since the administration period was terminated in January 2011 as it seems that the corruption has not been eradicated in this municipality.
further notes the continuing tendency of the government to meet every crisis with promises which are not followed up by decisive action leading to individuals and communities distrusting government.
therefore resolves to censure the Minister of Co-operative Governance and Traditional Affairs for the lack of progress with meeting the targets of the National Revenue Enhancement Programme and calls upon the minister to immediately take action to ensure that these targets are met without further delay.
Constitution Eighteenth Amendment Bill [B 8 - 2011] (National Assembly - sec 74(3)(b)) - (Portfolio Committee on Justice and Constitutional Development - National Assembly).
Military Ombudsman Bill [B 9 - 2011] (National Assembly - sec 75) - (Portfolio Committee on Defence and Military Veterans - National Assembly).
Implementation of the Geneva Conventions Bill [B 10 - 2011] (National Assembly - sec 75) - (Portfolio Committee on Defence and Military Veterans - National Assembly).
Tax Administration Bill [B 11 - 2011] (National Assembly - proposed sec 75) - (Standing Committee on Finance - National Assembly).
<fn>GOV-ZA.3496601En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.3496671En.2012-02-10.en.txt</fn>
Whether (a) school nutrition and (b) learner transport programmes have been reinstated throughout the Eastern Cape; if not, why not, in each case; if so, what are the relevant details in each case NW1541?
whether she intends including a stipulation that solar water heaters must be installed in all new buildings; if not, why not; if so, when will the specified regulations be promulgated NW1857?
Whether the National Youth Development Agency (NYDA) has received the total targeted amount of R10 million that was included in the strategic plan of the NYDA; if not, why not; if so, what are the relevant details NW1858?
How many households in each province are still using the bucket system NW1860?
whether he will make a statement on the matter NW1861?
whether she will make a statement on the matter NW1862?
whether she will make a statement on the matter NW1863?
How many (a) African, (b) Coloured, (c) Indian and (d) White employees are there in each of the public institutions that report to her in terms of Schedules 1 to 3D of the Public Finance Management Act, Act 1 of 1999 NW1864?
How many (a) African, (b) Coloured, (c) Indian and (d) White employees are there in each of the public institutions that report to him in terms of Schedules 1 to 3D of the Public Finance Management Act, Act 1 of 1999 NW1865?
How many (a) African, (b) Coloured, (c) Indian and (d) White employees are there in each of the public institutions that report to her in terms of Schedules 1 to 3D of the Public Finance Management Act, Act 1 of 1999 NW1866?
How many (a) African, (b) Coloured, (c) Indian and (d) White employees are there in each of the public institutions that report to him in terms of Schedules 1 to 3D of the Public Finance Management Act, Act 1 of 1999 NW1867?
How many (a) African, (b) Coloured, (c) Indian and (d) White employees are there in each of the public institutions that report to him in terms of Schedules 1 to 3D of the Public Finance Management Act, Act 1 of 1999 NW1868?
How many (a) African, (b) Coloured, (c) Indian and (d) White employees are there in each of the public institutions that report to him in terms of Schedules 1 to 3D of the Public Finance Management Act, Act 1 of 1999 NW1869?
how long does it take to finalise one claim NW1873?
Whether any chief executive officer (CEOs) at any hospital have been found to be (a) unqualified or (b) lacking the relevant qualifications as a result of an investigation by the Development Bank of South Africa (DBSA); if so, (i) how many in each province, (ii) what is their wage bill and (iii) how were they appointed NW1874?
Whether his department has been able to salvage any portion of its new advertising campaign despite the intellectual property claim by other parties regarding the new slogan that was brought out by his department; if not, (a) what amount was spent on the specified campaign, (b) what amount will have to be written off, (c) what consequences will the appointed contractor have to bear, (d) how will the campaign run in the interim and (e) what steps does his department intend to take in this regard; if so, what are the relevant details?
whether a process is in place to verify whether those identified for conditional promotion meet all the appropriate criteria to be promoted; if not, why not; if so, what are the relevant details NW1878?
whether there have been any delays in this process; if so, what (a) were the reasons for the delays and (b) steps is her department taking to accelerate the process NW1880?
whether the appropriate consultative processes with interested and affected persons have been followed; if not, why not; if so, what are the relevant details NW1882?
whether any alternative policy options with reference to implementing a no-means test regime in future are being considered by her department; if not, what is the position in this regard; if so, what (a) policy options and (b) are the further relevant details NW1893?
whether any of the specified health departments have lodged appeals against these judgments; if not, why not; if so, (a) which health departments, (b) against which judgments and (c) on what basis was the appeal lodged in each case NW1883?
Whether the Eastern Cape department of health is paying or intends paying any of the legal fees of a certain person (name furnished) that have been incurred in the past three financial years; if so, (a) on what basis and (b) how were these legal fees incurred NW1884?
With reference to his reply to question 1138 on 26 April 2011, where are all the Family Violence, Child Abuse and Sexual Offences (FCS) units situated NW1885?
whether any progress has been made since 26 April 2011 to ensure that all FCS police members undergo and pass (a) psychometric testing, (b) detective training and (c) any other specified specialised training; if not, (i) how many of the police officers at each FCS unit who did not undergo the initial testing and specialised training have still not passed each of the specified categories, (ii) which of these specified categories have they not passed, (iii) when will each of these police members at the FCS units be tested again and (iv) how are they able to work at the FCS units without the necessary training NW1886?
What ratio of learners to toilets does her department prescribe with regard to (a) primary and (b) secondary/high schools NW1887?
whether the Human Resource for Health Plan, which was set to be produced in March 2011, has been completed; if not, (a) why not and (b) when will it be released; if so, (i) when will it be released to the public and (ii) what are the relevant details of the report NW1888?
whether his department intends constructing a (a) toll road and (b) weigh bridge on this road to regulate road usage by heavy vehicles; if not, why not, in each case; if so, what are the relevant details in each case NW1889?
With regard to his statement on the private sector's role in providing energy, made at a certain university (name furnished) in June 2011, what tax incentives will be given to the private sector to assist with their involvement with his department in this regard NW1890?
whether Eskom has imposed any such mechanisms on third-level government institutions; if not, why not, in each case; if so, what are the relevant details NW1891?
Whether the new Mahala mobile banking system has been evaluated by her department as a cost effective alternative distribution method for recipients of social grant payments; if not, why not; if so, what does the cost benefit analysis reveal NW1892?
Whether any acts of wrongdoing that warrant disciplinary steps have been identified in the December 2010 forensic audit report by a certain firm (name furnished); if so, whether any staff members have been charged with misconduct as a result of being implicated in this report; if not, what is the position in this regard; if so, what are the relevant details NW1894?
How many (i) disciplinary cases has her department lodged at the Labour Court since 1 January 2009 and (ii) of these cases were ruled against her department, (b) what were the costs related to these cases and (c) who will be held responsible for the outcome in each case NW1896?
whether the NCACC simultaneously presented such reports to Parliament; if not, why not; if so, on what date in each year did the committee submit its report to Parliament NW1897?
what was the monetary value of each consignment and (b) for what categories of armaments were the permits issued NW1898?
whether SASSA currently has a bank overdraft; if so, (a) what is the extent of the bank overdraft and (b) what steps (i) have been taken and (ii) are being taken to clear the current overdraft NW1899?
whether each specified person (a) met the requisite minimum requirements and (b) had the requisite qualifications for the position in which he or she was appointed; if not, why was he or she appointed in each case; if so, what qualifications in each case NW1900?
whether his department intends to withdraw funding and distribute it to the dependent programmes and federations directly; if not, why not; if so, what are the relevant details NW1901?
What measures are in place to ensure that (a) all school sport tournaments which have been planned for the 2011-12 financial year will materialise and (b) national school sport structures are held accountable to arrange national tournaments NW1902?
what measures are in place to ensure that funds for eradicating the specified backlogs are applied for constructing sporting facilities in communities and at disadvantaged schools NW1903?
who paid for their stay and (b) from which source were these funds incurred NW1904?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1905?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1906?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1907?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1908?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1909?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1910?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1911?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1912?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1913?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1914?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1915?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1916?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1917?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the specified increase for each specified financial year justified NW1918?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1919?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1920?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1921?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1922?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1923?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1924?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1925?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1926?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1927?
what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1928?
whether any measures are in place to monitor whether universities respond sufficiently to findings and recommendations in audit reports; if not, why not; if so, what measures NW1948?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1929?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1930?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1931?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1932?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1943?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1944?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1945?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1946?
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1947?
Whether his department has been informed of the administrative problems that are being encountered by students at the Parow Campus of the University of South Africa (UNISA); if not, what is the position in this regard; if so, what steps are being taken to resolve these problems NW1949?
whether any of these applications will be fast tracked in any of the specified provinces; if not, why not; if so, (a) how many, (b) what are the details of the process to be followed to fast track these applications and (c) when is it envisaged that these applications will be completed NW1950?
what process does her department follow when processing benefit claims forms from other former members of the CDF NW1951?
whether her department communicated the breakdown of benefits to be paid to the said person; if not, why not; if so, (a) when and (b) how was it communicated to him NW1952?
whether an opportunity will be provided to comment on the report; if not, why not; if so, to whom NW1953?
whether his department has undertaken a consultation process in each province in this regard; if not, why not; if so, in each case, (a) what (i) processes, (ii) mechanisms and (iii) procedures were followed, (b)(i) who was consulted and (ii) how were they identified, (c) what has been the cost of the specified consultations to date, (d) what amount has been budgeted for future consultations and (e)(i) what objections have been received and (ii) from whom NW1954?
whether the specified deadlines were met; if not, in each case, (a) why not and (b) what action was taken to remedy the situation NW1955?
what is the (a)(i) optimal and (ii) average time lapse between receiving an application and issuing a clearance certificate and (b) reason for the difference NW1956?
what quantities of these carcasses in the category of skeletons were exported in (a) 2009 and (b) 2010 to all specified states under provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Cites)?
With reference to her replies to question 1134 on 11 April 2011 and 1343 on 10 June 2011, for each export consignment to Lao People's Democratic Republic in 2009 and 2010, what is the name of the (a) exporter and (b) end recipient receiving the goods NW1959?
whether any taxes have been paid in respect of these vouchers by the recipients; if not, why not; if so, what are the relevant details NW1960?
whether she has a policy in place that govern the acceptable use of business credit cards; if not, why not; if so, what are the relevant details NW1961?
what was the (a) total cost of each of these specified trips and (b) how is each of these amounts made up in terms of (i) travel, (ii) accommodation, (iii) conference fees, (iv) cash allowances and (v) business credit card use NW1962?
How many general authorisations have been issued in (i) Mpumalanga and (ii) North West in terms of the National Water Act, Act 36 of 1998, since 1 April 2010 and (b) what are the (i) names and (ii) locations of the entities or persons who were issued with these general authorisations NW1963?
Whether his department has a database listing public schools and clinics that have been linked to reliable terrestrial internet infrastructure; if so, what are the relevant details; if not, whether his department has taken any steps to compile such a database; if not, why not; if so, what steps NW1964?
What progress has been made in the development and reform of the Information and Communication Technologies (ICT) sector in accellerating local loop unbundling aimed at reducing broadband prices as projected in the Strategic Overview of 2006-07 to 2012-13NW1965?
what are the (a) lessons that his department has learnt from the failed Multilinks transaction and (b) total amounts that will have to be written off in the Multilinks transaction NW1966?
Questions standing over from Wednesday, 23 March 2011.
â282. Adv L H Max (DA) (p 63)-Home Affairs.
â344. Ms E More (DA) (p 77)-Public Works.
â371. Adv A de W Alberts (FF Plus) (p 84)-Public Service and Administration.
Evaluation as well as Administration in the Presidency. â518.
and Evaluation as well as Administration in the Presidency.
â1427. Ms S K Plaatjie (Cope) (p 564)-Science and Technology.
â1435. Ms D Carter (Cope) (p 565)-Rural Development and Land Reform.
â1436. Ms D Carter (Cope) (p 566)-Rural Development and Land Reform.
â1460. Adv L H Max (DA) (p 571)-Correctional Services.
â1461. Adv L H Max (DA) (p 571)-Defence and Military Veterans.
â1465. Adv L H Max (DA) (p 572)-Home Affairs.
â1484. Mr S C Motau (DA) (p 575)-Minister in the Presidency: Performance Monitoring and Evaluation as well as Administration in the Presidency.
what are the financial implications for Eskom in light of Eskom compensating these entities for the loss in electricity when the shut-down agreements are implemented, whether any such shut-down agreements have been implemented; if so, (a) with which entity/entities and (b) what were the costs incurred by Eskom to compensate the said entity in each case NW1689?
whether the tender process was followed in making the selection; if not, why not; if so, which other companies bid for this project NW1696?
Adv A de W Alberts (FF Plus) (p 651)-Defence and Military Veterans.
<fn>GOV-ZA.3497211En.2012-02-10.en.txt</fn>
Members of the Extended Public Committee met in the Old Assembly Chamber at 14:04.
Temporary Chairperson Dr T S Farisani, as Chairperson, took the Chair and requested members to observe a moment of silence for prayers or meditation.
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, hon members, Chief Justice, Deputy Chief Justice, heads of courts, members of the judiciary, heads of the constitutional institutions, distinguished guests, comrades, friends, ladies and gentlemen, this coming Saturday, on 8 May 2010, exactly 14 years later, we will be remembering the historic day of the adoption of the Constitution of the Republic of South Africa. Some at home and abroad have described it as the soul of the nation. Others have drawn the analogy of a birth certificate, signifying the emergence of our rainbow nation united in its diversity.
This Constitution is our own humble contribution to democracy and the culture of human rights worldwide: it is our pledge to humanity that nothing will steer us from this course.
As we take stock of the road we have traversed since then, it gives me pleasure to highlight our periodic forecasts as afforded through our national Budget, to further buttress our democratic order by bringing hope for the cause of justice for all our people regardless of age, status, gender and race.
This year, 2010, has been appropriately declared by our President, Mr Jacob Zuma, as the year of action. It is the year in which we in the justice family have come to the edge of our defining moment in the long journey leading to a transformed judicial system. When we addressed this House during our Budget Vote last year, we made a firm commitment to finalise the outstanding aspects relating to the Superior Courts Bill and the accompanying Constitutional Amendment Bill. This morning I presented the fruits of our labour to Cabinet and I am pleased to announce that Cabinet has approved both of these Bills.
In terms of these Bills, the Constitutional Court will be the Apex Court in the Republic and the Supreme Court of Appeal will be the Appeal Court. The Chief Justice will be the head of the whole judiciary and the capacity of his office shall be enhanced as a transition towards the establishment of a fully fledged court administration under one judiciary. The judiciary shall also develop the rules of court.
These measures, which provide the governance framework for the judiciary, will go a long way towards enhancing the independence of the judiciary as a separate branch of government.
The Bills also address the need for the establishment of a single High Court with divisions in all provinces, including decoupling Limpopo from the North Gauteng High Court and stepping up our efforts to find appropriate court infrastructure for the High Court in Mpumalanga.
Except for a very few aspects, there is consensus between us and the judiciary on the provisions of the Bills.
I want to extend my gratitude to the Chief Justice for his sterling leadership in consolidating the work started by his predecessors, former Chief Justices Arthur Chaskalson and Pius Langa. He, together with his colleagues, the heads of courts, made a significant contribution to this process.
I also wish to thank my own predecessors, the late Dullah Omar, Penuel Maduna, Bridgette Mabandla and Enver Surty, whose contributions have been part of the ongoing chain link in the transformation of the judiciary.
Race and gender transformation of the Bench remains an important constitutional imperative. While the Judicial Service Commission continues to play an important role in establishing a judiciary which is representative of the South African society - and has now for the first time in its history recommended the appointment of the first woman to the Office of Judge President - this still remains an area of much concern. [Applause.
I want to congratulate Judge President Leeuw and the other judges on their appointment by the President, and trust that Judge President Leeuw will not be a lone voice among those in leadership for long.
The special programme, introduced in 2007 to fast-track the appointment of women to the Bench, has started to bear fruit, but evidently not at the pace that we all envisaged. We are aware that, since academic institutions, corporate entities, public institutions, private individuals, as well as the judiciary fish in the same pond for expertise, we need to be more innovative in cultivating a new corps of legal and judicial officers. The South African Judicial Education Institute, about which we will further address this House, will be key to the unearthing of new talent.
The legal profession is one of the pillars of the justice system and an indispensable element of access to justice. We have defined, in the Legal Practice Bill, the parameters for reform in the legal sector. The Bill aims to create equal opportunities for all who aspire to follow in the footsteps of Bram Fischer, Duma Nokwe, Griffiths Mxenge and Oliver Tambo.
The Bill provides various ways of reducing the cost of justice to ordinary citizens, and introduces the Community Legal Service in terms of which legal practitioners will be required to render legal services for a certain minimum period on a pro bono basis for the benefit of the poor.
Equal justice under law is not merely a caption on the faÃ§ade of the Supreme Court building, it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists it is fundamental that justice should be the same, in substance and availability, without regard to economic status.
We are indebted to the Bar and the Side Bar, whose representatives persevered in good faith in the negotiations on the contents of the Bill. I am pleased to announce that Cabinet has also approved this Bill. I am confident that this House will give further guidance on the aspects where, due to our policy choices, we took a different view from that of the legal profession.
To address the unequal allocation of government legal work, we have set ourselves a target of 65% of the value of briefs to be allocated to historically disadvantaged individuals and firms by 2015. The department is also considering various ways of increasing its internal capacity to handle litigation work to reduce the huge costs expended on litigation against government.
We have made significant strides to turn the tide against crime and corruption. Through the criminal justice system, CJS, we have adopted an integrated approach to ensure that this system is a holistic continuum that stretches from where a crime is committed, to the police, to the prosecutors, to the courts, to Social Development and Correctional Services, and to restoration and integration back into the communities.
We have strengthened the bail management and the use of information technology systems to provide an integrated management of information to cluster departments and the Justice, Crime Prevention and Security cluster, the JCPS, overall.
We have also developed protocols to enhance the integration and effectiveness of the Criminal Justice System, screening mechanisms and the trial readiness of cases; the taking and processing of forensic samples, and the Court Protocol on Legal Aid Cases. I wish to assure members of this House that the Chief Justice, the heads of courts and the Judicial Service Commission are considering the most effective ways to deal with the challenge of case backlogs.
The Judicial Service Commission Amendment Act, Act 20 of 2008, the commencement date of which I have already requested the President to announce, will assist a great deal in addressing this matter. This Act provides for a Code of Judicial Conduct which has to be approved by this House. I have received the draft code from the Chief Justice and the inputs of the judiciary on the draft regulations that provide for the disclosure of financial interests by judges.
A month ago we celebrated the implementation of the Child Justice Act, Act 75 of 2008, that will revolutionise the way the criminal justice system deals with cases involving children in conflict with the law. Although it is a robust Act, and its efficacy is being tested in the current case in Ventersdorp, it in no way attempts to trivialise all kinds of misdemeanours by children. In appropriate cases, children will still be dealt with firmly by means of the new processes and procedures which have been built into this legislation. I would like the House to acknowledge the presence in the public gallery of children from Vredelus House in Elsies River. Some of them are in conflict with the law and others need care, and this law is to address their predicament. [Applause.
Together with the National Prosecuting Authority and the Departments of Health, Social Development, Police and Correctional Services, we shall continue to establish Thuthuzela Care Centres and child care facilities. I have, this past Monday, launched the Bellville Thuthuzela Care Centre which becomes the 21st care centre countrywide. With the help of our social partners, we hope to have established 35 centres by 2015.
The units that fall under the National Prosecuting Authority continue to be the key pillars in our fight against crime and corruption. I have therefore taken a decision that the Asset Forfeiture Unit would not be disbanded as had been reported. On the contrary, government will support the efforts by the National Director of Public Prosecutions to strengthen the unit's work in this regard.
We are continuing with the programme of upgrading and converting the branch courts in the former townships and rural areas into fully equipped courts to provide all court-related services. Four of these branch courts, namely Atteridgeville and Mamelodi in Gauteng, Ntuzuma in KwaZulu-Natal and Northam in Limpopo, will operate as full services courts with effect from 1 June 2010.
Cabinet has also approved the review of the civil justice system, which we will undertake with the judiciary. This review will assist in overhauling old legislation and the cumbersome rules of courts that frustrate the prompt processing of civil disputes. This project, together with the Jurisdiction of Regional Courts Amendment Act, Act 31 of 2008, due to be promulgated soon, will go a long way towards addressing the backlog of civil cases.
The Office of the Master remains one of our key service delivery programmes, as it impacts on the vulnerable members of society. We are providing appropriate skills to the staff in the Masters' Offices to improve turnaround times.
Concerning the Guardian's Fund, we aim to ensure that 80% of the beneficiaries receive their entitlements within 40 days of submitting their applications. We shall continue to improve our ability to deal with the long and time-consuming queues for maintenance services at our courts. We are increasing capacity at the courts to reduce those waiting periods.
Our preparations for the 2010 Fifa World Cup are complete. The department has designated 56 court rooms within the vicinity of the host cities for the hearing of cases for the duration of the tournament. [Applause.] These courts will be adequately resourced and they will sit outside normal hours in order to finalise cases involving non-nationals to minimise the costs of having to bring them back later for their testimony.
A total budget of R12,1 billion is allocated to the department for this financial year. Of this budget allocation R3,8 billion is allocated to the court services programme; R2,4 billion is for the National Prosecuting Authority and R1,4 billion is allocated for public entities and Chapter 9 institutions.
This budget sets out additional allocations of R459 million in 2010, R680 million in 2011 and R887 million in 2012 to cater for the implementation of legislation concerning vulnerable groups, the Child Justice and Children's Acts; the building of new courts and the upgrading of existing infrastructure; the appointment of additional judges, magistrates and public defenders to Legal Aid South Africa; and increased capacity and office accommodation for the South African Human Rights Commission and the Office of the Public Protector.
On 29 April 2010 I had the opportunity to discuss and sign my performance agreement with the President. [Applause.] This contract will be cascaded down to all the personnel in the Department of Justice and Constitutional Development and entities that report to it, based on its key pillar of the outcomes-based monitoring and evaluation. Needless to say, those who fall short of what is expected of them will be subjected to appropriate censure. [Applause.
For my accountability to the President, my co-ordination responsibilities of the outcome with the requirement that all people in South Africa are and feel safe, I will work with the various heads within the department and more broadly within the Justice, Crime Prevention and Security cluster to achieve the following outputs: addressing overall levels of crime and especially reducing the levels of trio crimes; improving the effectiveness and ensuring the integration of the criminal justice system; combating corruption within the Justice, Crime Prevention and Security cluster to enhance its effectiveness and its ability to serve as a deterrent against crime; managing perceptions of crime among the population; ensuring security at the border environment; securing the identity and status of citizens; integrating our ICT systems; combating cyber crimes; and fighting corruption.
To achieve these outcomes, I will be convening an implementation forum comprising of Cabinet colleagues. This forum should develop a delivery agreement by July 2010. This delivery agreement shall provide more details on the outputs, targets, indicators and key activities which are already enshrined in my performance agreement.
I have also emphasised to the director-general the need to improve our organisational efficiency to address performance-related challenges that led to the negative audit reports and noncompliance in the past. We are also putting in place measures to improve the court recording system and our information management systems to address the loss, deliberate or otherwise, of court records.
We will also embark on regular unannounced in loco inspections of service delivery points as we did on Monday by visiting the Master's Office in Cape Town and the Khayelitsha Magistrate's Court.
It is the daily; it is the small; it is the cumulative injuries of little people that we are here to protect If we are able to keep our democracy, there must be one commandment: Thou shall not ration justice.
We shall be steadfast in our championing of the cause of an independent judiciary and shall be in the trenches of protecting the separation of powers as required by our Constitution. The application of the principle of nonencroachment should continue to be the oxygen of our democracy.
Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organised conspiracy to oppress, rob and degrade them, neither persons nor property will be safe.
Overcoming poverty is not a gesture of charity. It is an act of justice. It is the protection of the fundamental human right, the right to dignity and a decent life. While poverty persists, there is no true freedom.
Before I conclude, I would like to convey my sincere condolences to the family and friends of Mrs Sheena Duncan and call upon all South Africans to pay tribute to this gallant fighter for human rights in our country. Without selfless individuals like Mrs Duncan, we would not be enjoying our democracy today.
I also wish to convey my condolences to the family of Judge Mohamed Jajbhay of the South Gauteng High Court who passed on this morning. Our hearts are with his family during their time of bereavement.
In conclusion, I wish to take this opportunity to thank my Deputy, Andries Nel; my Director-General, Ms Nonkululeko Msomi and her management and staff; the chairpersons of the statutory bodies; the Chief Justice and the Deputy Chief Justice; the heads of courts and the judiciary as a whole; the Human Rights Commission; the Public Protector; the Rules Board; the SA Law Commission; Legal Aid SA; the National Director of Public Prosecutions; the Portfolio Committee on Justice and Constitutional Development; various members of the judiciary, and all those working in the justice sector. Without their support and industry, I would not be so bold as to lay down our tasks as covered in this Budget Vote, despite my flu.
Lastly and most importantly, I would like to thank my wife, Bridgette, and my family who have been my pillar of strength through the many challenges I have faced in the execution of my responsibilities. Thank you. [Applause.
The TEMPORARY CHAIRPERSON (Dr T S Farisani): Hon members, decorum protocol and etiquette in this House require that we bow when we go out or come in. Entering this House is different from entering any shopping centre. While the hon Minister was speaking, and we are later going to debate what he has said, I'm wondering what miracles the people, who have been talking among themselves during the presentation by the Minister, will conjure up to debate that speech.
Mr N A RAMATLHODI: Chairperson, Chief Justice, heads of courts, fellow compatriots, I am delighted to take part in this epic debate on the Budget Vote of the Department of Justice and Constitutional Development. The constitutional mandate of the Portfolio Committee on Justice and Constitutional Development is to ensure that our country is governed in accordance to the letter and spirit of our supreme law, which is the Constitution. In this regard we endeavour to ensure that the country is not only governed according to the Constitution, but indeed must be seen to be governed by the ruling floor. This fundamental principle applies equally to private citizens as it applies to public bodies.
Ka Sepedi re re šako la hloka thobela ke mojano. Lefaseng le la ga borena bo thobela ba bagolo ke Molaotheo. Magoši le balata ba a lekana mo pele ga Molaotheo. Gape Molaotheo wo ke wona o lotago ditšhiwana; ke wona bopapa le bomma. Re itšhireletša ka wona ebile re lwela ditokelo tša rena ka wona. Ka mantšu a mangwe, Molaotheo wo ke kotse le lerumo la setšhaba. (Translation of Sepedi paragraph follows.
[In Sepedi we say that a nation without genuine leadership goes astray. The Constitution reigns supreme in this country. Everyone is equal before the Constitution and it protects the underprivileged. It is the be-all and the end-all. Through it we find protection and the platform to fight for our rights. In other words, the Constitution is the shield and the spear of the nation.
Our Constitution, as we all know, was born out of fierce struggles for national liberation. Accordingly it embodies the dreams of the majority of our people to live as free beings in the land of their forebears. On the other hand, our Constitution is a result of a negotiated settlement amongst the oppressed and the erstwhile oppressors. In this sense our Constitution represents a monumental and historic victory of the oppressed, whilst simultaneously standing out as a great compromise promising and promoting mutual accommodation among the former warring parties.
The foes of yesterday wisely chose the path of peaceful settlement, faced with the looming and grim reality of mutual annihilation. Our Constitution therefore recognises the humanity and citizenship of the black majority by granting them the right to vote and to be voted for. The right to vote and to be voted for represents the basic and most fundamental demand of the revolution. This alone - and there is much more - gives us, the black majority, more than a thousand reasons why we should defend the Constitution.
As the leading movement for liberation and as the embodiment of the aspirations of our people, we are therefore, first and foremost, the frontline detachment in the defence of this Constitution. We are enjoined and obligated to defend it against those who launch assaults at it when it does not promote their narrow interests, but applaud it when they think it does so.
Negotiations for a new and democratic order were underpinned and indeed ushered in by the realisation that the apartheid regime was no longer able to rule in the same old way. At the same time, our people had begun to render the system of apartheid unworkable and the country ungovernable. The change in the balance of forces in favour of liberation forces had effectively limited the ability of the regime to continue deploying violence as a principal weapon of oppression.
The Constitution thus embodies political freedoms which are the blood, the soul and the breath of our democracy. As democrats we declared in the 1955 Freedom Charter that "South Africa belongs to all those who live in it, black and white".
We are not satisfied to attain political freedoms for the majority to the exclusion of others. In line with the spirit of ubuntu we sought to ensure that, in regaining our humanity, this gain was extended to the rest of society in our country.
In this regard the first lack of political compromise was the creation of a system of proportional representation, given the demography of the country. Had we opted for the winner takes all, our Parliament would in all probability have been composed exclusively of the former liberation forces. We would have been sitting in a legislature that excluded the white minority which constitutes a vital component of our rainbow nation, the Afrikaner in particular, who is as indigenous as the mopani of the bushveld in Limpopo and Mpumalanga. [Laughter.
The other pillar of mutual accommodation was to make the Constitution itself the supreme law of the country, amendable only by two thirds majority. In other words, the legislature is also subject to this Constitution. This limits the possibilities of a majority throwing its weight around at will. The laws it passes must therefore conform to the Constitution.
To ensure that this happens, the Constitution has established an independent judiciary at the apex of which is the Constitutional Court with the power to rule legislation unconstitutional in appropriate circumstances. Similarly, the activities of the executive are subject to the rule of law. In addition, the Constitution provides for three generations of human rights which are enforceable under our laws.
The judiciary has the principal duty of ensuring that these rights are given to all the citizens. All this, the ANC is determined to defend, whether it agrees or disagrees with the decisions of the judiciary. We do so because we believe in the sanctity of these principles and the righteousness of our covenant.
This budget is aimed at providing resources to the Department of Justice and Constitutional Development in order to carry out its mandate. It is my pleasure to say to this House that, indeed, we have debated it vigorously and we have adopted it. I thank you. [Applause.
Ms M SMUTS: Hon Chairperson, we join the hon Minister in extending our condolences on the passing of Judge Mohammed Jajbhay to his family, to the Muslim community, and also to the judicial community. I may once have taken an issue with him on a free speech judgment, but I ended up saying, "Hurray!" for Judge Jajbhay in so many words for the courageous Sunday Times judgment for which he would be, among many other achievements, remembered.
Sheena Duncan was a shining light to all who serve and seek justice. We note her passing and extend our condolences to all her people, too. My colleagues, today, will join me in wishing Natasha Michael, who is a Member of Parliament, good luck as she writes her exams towards her Bachelor of Law, LLB, in Pretoria. She will not be with us.
Sir, it is not every day that the Minister puts before Parliament a suite of constitutional changes and Bills of the scope and import of those announced today. I congratulate him and his Deputy; firstly, on restoring the proper relationship between the executive and the judiciary after the damage that followed the 2004 election; and I also congratulate him on proposing reforms which will give our courts the institutional independence that they deserve as of right.
The Chief Justice has our particular support for the Bills yet to come. A rule-setting Judicial Council or authority will enhance judicial independence and an Administrative Agency to run the courts will hopefully bring an end to the malfunctions currently encountered, especially in the lower courts.
It goes without saying, I hope, that we will be vigilant in legislating these reforms to ensure that our courts are truly independent, subject only to the Constitution and the law, as the Constitution requires and that no person or organ of state can interfere with their functioning.
Once those principles are given full effect in the law, the seven-point plan adopted under the Criminal Justice Review by the previous Cabinet can be implemented with greater confidence. Its one weakness always was the proposition that there should be co-ordination stretching from "Cabinet to court", to be conducted at one point, most disconcertingly, from a departmental war room under the command of our then former combative Deputy Minister. Once these laws are in place, the seven-point plan already in implementation can be implemented with full confidence.
We will support, therefore, the R3,8 billion set aside for the court services, and we do so with pleasure in view of the proposed legislative changes. The amount of R2,4 billion proposed for the National Prosecuting Authority, NPA, is, however, a different matter. The Treasury's proposals are in order. It is precisely a mismatch between the appropriation per subprogramme and the National Directorate of Public Prosecutions, NDPP, strategic plan that I pointed out to the hon Minister in the Justice committee.
Now that he has put some sort of stop to advocate Simelane's plans we need, however, to see a new strategic plan in my view before we vote on 26 May 2010. We need also to ask ourselves how it can be tolerated that the person entrusted with prosecuting people who break the law, can himself ignore - in my view on my analysis -sections of the law that structures the NPA Act as the Constitution requires as well as the separate law governing the forfeiture of the proceeds of crime. He also acted in breach of the Criminal Procedure Act when he instructed the Chief Prosecutor of the Protea Court not to oppose bail for Mr Maarohanye.
It is time, now, to amend the Constitution to provide for a better appointment procedure for South Africa's National Director of Public Prosecution. Section 179(1) gives the President the power outright and unencumbered by the requirements of recommendation or consultation of any kind to appoint the NDPP.
Now, as I understand, the 19th Constitutional Amendment Bill is likely to introduce amendments to almost every section of Chapter 8, but not to section 179 - and, if my understanding is correct, we may, as a committee, after discussion, want to consider gazetting for public comments under section 74 of the Constitution an additional set of amendments to that section.
These should not be seen as Simelane amendments, though he is the gentleman who triggers this proposal. They would just as much be a set of Vusi Pikoli amendments, because it was the fate of the former NDPP which prompted the first suggestions of review, many of them from leading ANC members, including the hon Enver Surty. I'm very happy that he is attending, today.
What should such an appointment amendment say The previous President, President Motlanthe, proposed, while in office, that the NDPP should be recommended by the Judicial Service Commission. The previous Minister of Justice, Mr Enver Surty, suggested that Parliament should look at its own role. The previous justice Members of Parliament, our predecessors sitting in the ad hoc committee charged with deciding the removal or the reinstatement of Advocate Vusi Pikoli, formally reported that they found it anomalous that Parliament has no role in the appointment of the NDPP and, yet, it has the final say on his or her removal?
We agreed then, and we are likely as a new caucus to agree now, that the President should have only the formal signing power to appoint the person recommended by Parliament after a public nomination process and that we could add other mechanisms into such a process, if we so wished.
The second amendment that we should be looking at should state clearly that the prosecuting authority is independent. The Constitution intends prosecutorial independence, and the Constitutional Court has so certified. But to say, as section 179(4) does, that national legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice is to say it softly.
It is out of character for our Constitution to be so half-hearted about independence when a whole set of independent institutions in Chapter 9 enjoy the classic formulation that applies also to the courts; they are independent subject only to the Constitution and the law; and they must work without fear, favour, etc. Like the Chapter 9 institutions, but unlike the courts, the NPA should be accountable to Parliament as, indeed, it already is under the NPA Act.
Thirdly, I suggest that we amend the final responsibility given to the Minister of Justice in section 179(6). It stands in contradiction to prosecutorial independence in subsection (4). It is uncharacteristically olde worlde when we have led the world on all other constitutional counts; and when the soft law emanating now from the United Nations, inter alia, asks for fuller independence. Both the then Minister Surty and the Pikoli ad hoc committee said earlier in 2009, notwithstanding section 33 of the NPA Act, that final responsibility needed clarification. The ANC members, in particular of that ad hoc committee, recorded their view that both the Constitution and the Act needed to be reviewed on this point.
It had, after all, by then contributed to the fantastic and unlawful misconstruction of the scope of the executive powers, which led Minister Mabandla and the then Director-General for Justice to thunder at Advocate Pikoli and the notorious letter of September 2007: "You shall not pursue the route you have taken steps to pursue in respect of Mr Jackie Selebi". Mr Selebi is, currently, in court following just such steps.
It also led to Advocate Simelane's misconception "of his authority over the NPA", as Frene Ginwala described it, when he used his role as accounting officer to undermine the independence of the NPA from without. Now, he is trying to diminish it from within, not least by transferring its corporate services to the department while decapitating all the specialised units and sending packing senior prosecutors of the junior courts.
May I say that I, as the hon Minister's shadow, am pleased to have spotted the plot and to have revealed it, because that is Parliament's role; that, and the voting or the withholding of the taxpayers' money until satisfied. I don't see what powers the Minister needs beyond the concurrent determination of prosecution policy in subsection (5). I, therefore, believe that we should simply delete the final responsibility, because prosecutorial independence can't be qualified; it can't. How can you qualify it; you can't be a little bit independent in respect of a function. It belongs to the NPA. The final responsibility for the nuts and bolts of the institution itself should take the form of accountability to Parliament, which after all passes its laws.
There is one last section of Chapter 8 that requires our attention. There is a view taking root now in favour of the reconstitution of the Judicial Service Commission, following the exclusion of Advocate Jeremy Gauntlett from eligibility to the Bench. The ANC-led bloc in that body has done the JSC and its reputation greater injury than it may realise by excluding him from an appointment even to the Cape Bench, and yes, it was exclusion, not just a failure to select.
It is perfectly obvious, secret vote notwithstanding, that he had the support of the country's top judges. He has the support of judges outside also, and little wonder. Judge Ramodibedi, who is the President of the Lesotho Court of Appeal, thought fit last year to quote his predecessor Judge Jan Steyn in bidding farewell to Advocate Gauntlett, after his 12 years of service as a judge on that Bench, in describing him "simply unique"; simply unique both for his intellect, his judgment, and the way he ran his courts. That is 12 years of full appointment, apart from the four or five acting appointments on the Cape Bench, apart from the ground-breaking work in the Southern African Development Community, SADC, region, and apart from the fact that he is our foremost constitutional lawyer, but the ANC bloc will not appoint him. Do they know what they have done They have proved that they are not qualified to select judges. We will not go with the argument that judges only retired or otherwise should select, but we do ask ourselves whether a better balance is not required?
Now, let us discuss, on mature reflection when representatives of the magistracy are added to the JSC on the 19th, whether only one representative judge president really suffices. The judge presidents are unarguably best placed to judge the potential of lawyers from their provincial divisions. They will have seen them in action in court. They will have real knowledge of the character and the constitutional commitment of a candidate. That commitment is really what transformation means. The rest is smoke and mirrors.
Underneath the smokescreen routinely thrown up by the spokesperson from the JSC, that body is clearly, in my view, trying to reverse inappropriate earlier selection trends, just as this Ministry is reversing its predecessor's assault on judicial independence. All the doubts about the JSC have been revived, the doubts created last year when it ducked the duty of dealing with he whose name we may not speak. We cannot discuss him here, because we have given our primary powers concerning judicial conduct away to the JSC. We cannot discuss him, because we remain the final impeaching authority, should the JSC after proper enquiry make such a recommendation. The exclusion of Advocate Gauntlett occurred to avoid conflict with him too, didn't it?
How is it that one man can render several institutions paralysed and powerless To me, there are striking similarities with the current on-again, off-again attempts by the ANC to conduct an enquiry into another such man, a younger one; but you really cannot treat a judge as if he were the Julius Malema of the judiciary. Therefore I leave a question with the hon Minister: How long, hon Minister You must surely realise that the jury remains resolutely out on you, sir, because of him in spite of your excellent work in almost every other respect. [Applause.?
Ms L H ADAMS: Chairperson, Minister and Deputy Minister of Justice and Constitutional Development, Members of Parliament and all invited guests, South African citizens are becoming more and more accustomed to the fact that life in South Africa has become cheap. This is evident in the high levels of senseless crime, the brutality of these crimes and the current idea that one can literally get away with murder depending on how well connected one is with a politician.
Today we know that one can get killed for a cellphone, a R10 note, for being a passenger in a Bus Rapid Transit, BRT, bus instead of a taxi, and, even worse, for walking home from school and being hit by a car allegedly driven by a person who is high on drugs. South African citizens are looking at this Department of Justice and Constitutional Development to ensure that life becomes respected again.
So the question that we have to ask today is not whether the department will use the money it has been allocated in the budget as set out in the strategic plan, but, rather, whether the department will ensure that life in South Africa becomes more respected than what it is today. Cope acknowledges the hard work this department has put in so far to increase access to justice. It also believes that with the appointment of the Director-General, Ms Msomi, at least sanity will prevail in this department.
However, on a daily basis South Africans are being slapped in their faces for believing that justice is attainable through the vehicle of this department. Our court rolls have a substantial backlog. The chance that the South African citizen will speedily get access to justice is merely a dream. Citizens don't always even understand what is happening in the cases as lodged in court, and criminals walk free on a daily basis for all sorts of reasons. We all know the sources of crime. So the biggest problem with this department is the fact that it does not attempt to solve the root of the criminal problem, but instead, on a daily basis, deals with the results of crime.
In a study conducted in 2008, research indicated that, apart from all the same causes of crime in countries, in South Africa there are at least two more factors that contribute to our crime level. These are: firstly, the level of income inequality coupled with high levels of poverty; and, secondly, the culture of violence and disobedience that permeated all parts of our society prior to the fall of apartheid. Surely it is not this department's core function to ensure that inequality regarding the levels of income gets addressed. However, Cope submits that it falls squarely within this department's ambit to address the culture of violence that emanated even while apartheid was still in existence.
It becomes unacceptable that, while we have a Constitution such as ours that is highly praised around the world, South Africans do not really benefit when it comes to the security of a person or speedy access to justice. It also becomes unacceptable that we have the Domestic Violence Act of 1998, but, at the same time, South African men in particular carry on with domestic violence as if no such legislation exists. It becomes unacceptable that legislation, which will ultimately only have the effect of addressing the result of crime, gets introduced by this department but, in most cases, does not even have the effect that the victims can boldly declare that they are no longer victims of crime.
The fear of punishment - be it a fine, a criminal record or even imprisonment - has disappeared from our society. But, even worse, this department contributes to the idea that crime in South Africa has taken the upper hand in our society and that we have no control over such. This is not done in an open manner, but through the way in which it operates towards the public and through its internal operations. For example, this was done when the National Director of Public Prosecutions, Adv Simelane, interfered in the Jub Jub matter. This was also done with his interference in the Fana Hlongwane matter and, again, when he interfered by instructing prosecutors to refrain from speaking to the media about court cases without prior approval from a provincial director of public prosecutions.
The media is a link between the state and the public and, unfortunately, the public becomes informed by what the media tells it. It becomes laughable when one expects bureaucracy and procedure to undermine the public's knowledge. Whether the department wants to justify this bureaucracy or not, the bottom line is that, with our volatile citizens, the department is slowly contributing to the destruction of the system instead of building it into a system that we can all have trust in.
This was also done when the Minister appointed Adv Mpshe as the acting judge. It is indeed so that the appointment of this judge was consistent with the Constitution of 1996 that allows the Minister to appoint an acting judge, but can we say that this procedure was in alignment with all the previous appointments of acting judges?
The Chapter 9 institution falling under the budgetary umbrella of the department, the SA Human Rights Commission, is also slowly becoming a government department. The SA Human Rights Commission is not exercising its powers as expected. This commission is in existence, but that is where it stops. This was again evident when the whole debate of struggle songs and racist attacks on certain members of society emerged a few weeks ago. No protection of whatever kind was provided by this commission to any of the relevant parties. This Chapter 9 institution is not adding value to South African citizens on the level that will make an impact in their lives. For how long will we accept this?
Why is it that the Legal Aid Board of South Africa, which falls under this department's budgetary umbrella, has become a worldwide model for access to justice for poor people And why is it that the Public Protector, which is under a young reign, has already begun to act in the manner that South Africans need What is it that the SA Human Rights Commission is doing wrong And what is it that the Legal Aid Board of SA and the Public Protector are doing right For how long are South African citizens supposed to be okay with it We cannot have a Chapter 9 institution that is fast becoming like another government department?
In conclusion, we must protect the ordinary citizens at all times, and more especially so when they have become victims of crime. Loopholes in our justice system such as tampering with blood samples and exclusion of such crucial evidence in a criminal matter where people were killed must stop. The withdrawal of cases from court due to all sorts of technical reasons must stop. The delay in court cases must stop. The deafening silence from the SA Human Rights Commission on a daily basis must also stop. Thank you. [Applause.
Mr N SINGH: Chairperson, hon Minister, Deputy Minister and colleagues, at the outset, as the IFP, we want to associate ourselves with the condolences expressed by the Minister to the two families that have lost loved ones.
I think members of the Justice committee are quite aware that I am not a member of the committee, but I participate here today as the sheriff. I am here to deliver a message, and I do hope that all of you know the song I shot the sheriff and that does not happen here today. [Laughter.
However, my fee for the services I will render today is that I'm allowed to raise a matter about which I have been corresponding with the department for more than a year. It's quite sad to say that - I've got correspondence here - for more than a year I have been corresponding with the department on a particular request, and I still have not had a final answer to the request. I will forward these documents to the hon Minister through the service officer.
I want to proceed to outline the challenges and/or successes which my colleagues, who participate in this particular department, have identified. Firstly, the IFP joins other speakers in thanking all persons who have been involved in justice during the past year and we wish them well in the year ahead.
We must not forget that justice and constitutional development are the very pillars of our democracy in South Africa. Democracy is built and flourishes around the rule of law and the supremacy of the Constitution. The Department of Justice and Constitutional Development, as custodian of these foundational pillars, must ensure that they are protected and continually strengthened. The IFP is very concerned that the department is not doing enough in this respect.
Civil justice is far too costly and unnecessarily prolonged by outmoded court procedures. In addition, many courts lack the necessary resources required in order to operate efficiently. This leads to delays and unnecessary financial burdens. These, in turn, result in justice being delayed, which is justice denied. The other day I watched on TV the hon Minister going to some courts, where he himself witnessed the way in which our people are sent back home and matters are not finalised in good time.
Criminal justice suffers from a lack of manpower, poorly trained prosecutors and court staff and, in some cases, incompetent magistrates. We hope that this was just a case of incompetence that allowed a man of certain notoriety to flee to Namibia. Hon Minister, justice must not only be done, but must be seen to be done. We suggest that the Department of Justice and Constitutional Development should start to play a more active role in the judicial reform process. It seems as if this aspect of its portfolio, which is one of the department's core functions, has been left for the constitutional judges to deal with.
Regarding the implementation of new laws assigned to the Department of Justice and Constitutional Development such as the Child Justice Act, we have only two words to say, "Very poor". The emphasis is not on the contents of the legislation, but its implementation. Going forward, we urge the department to plan correctly and communicate effectively with all stakeholders so that we do not have a repeat of such a situation.
The Master's Office is yet another thorn in the side of efficient civil service. Its function at best is antiquated and, for the most part, wholly unnecessary. In fact, it does not even exist in most civil law countries.
Turning to the National Prosecuting Authority, NPA, the lack of communication between the National Prosecuting Authority and the Ministry indicates to us a breakdown in the relationship between the two offices. This is not conducive to an effective department or prosecuting authority. We urge the Minister to attend to and resolve this matter forthwith.
This morning we were privileged to get a briefing from the Auditor-General's office on the annual reports of the National Prosecuting Authority. In the report of 2008-09, it was quite disturbing to note that: firstly, there are lots of vacancies that still exist within the NPA; secondly, there is low staff morale; and thirdly, and more importantly, many, if not all, Standing Committee on Public Accounts, Scopa, resolutions from the 2006-07 year to date have not been attended to. We hope that the department will look into this as a matter of urgency.
We also wish to raise the question of the 384 political prisoners. We know that there has been some progress in this regard, but there is still work to be done and we hope that the department will deal with these issues as quickly as possible, in conjunction with the office of the President.
The IFP is conscious of the fact that the Minister has inherited a flailing department from some of his predecessors. However, blaming the past is the weakest of excuses. We therefore urge the Minister and the department to seize the reigns of the department and to bring order out of this chaos. The IFP supports this Budget Vote. Thank you. [Applause.
Mr M GUNGUBELE: Chair, the historic mission of our movement, which translated to the historic mission of the country through law, is that of a united South Africa, a nonsexist South Africa, a nonracial South Africa and a prosperous South Africa.
The big challenge that we have, hon Chair, is that we need to act on the challenges of life between the realisation of that dream and the day we dreamt it. To achieve that dream, we are required to live a life that is inspiring to our people, a life that is dependable, a life that inspires confidence.
It is in that context, Comrade Minister, that I applaud the department to have adopted, amongst its three strategic goals, the one that says, "enhancing organisational efficiency, integrating justice services for a simpler and faster delivery".
I want to affirm the stance of our movement on these issues; amongst others, in taking a bold step to challenge Adam Smith, who in his treaties on moral sentiments and the causes of the wealth of a nation, asserted that governments are wasteful, corrupt, militaristic and unproductive.
The movement took the view that that sentiment does not apply everywhere, and adopted a role that renders the state central in our struggle towards realising this historic mission. Our movement found a way in respect of the capacity implications that are required through our strategy and tactics document.
Amongst others, there is the need for a state strategic capacity based on that approach that ensures that we are people-centred and a people-driven change agent, and also a leading capacity that ensures that we move together in defining our common national agenda and mobilising all our people at large in its implementation.
Our movement has asserted that, without an organisational capacity, it is not going to be possible to ensure structures, and systems will facilitate the realisation of this set agenda of our institution. Macro-organisational issues of the state will not continue to receive attention unless this organisational capacity is realised. It is our movement again that has asserted that the technical capacity of the state is critical in ensuring that we translate the broad objectives into programmes and projects to ensure their implementations.
A key element, hon Chair, of this technical capacity is ensuring that there is proper training, orientation and leadership of the Public Service and acquisition and retention of skilled personnel. However, there are issues that are militating against this intended and noble view.
We recognise the challenges we have had in our internal control system, which have resulted in the department receiving qualified audits in the previous three years. During my term I want to ensure that there is no recurrence of these bad audits in the department. Thus we have set our sights on improving corporate governance and enhancing the department's internal control system. Our plan is to develop a robust turnaround strategy that will establish building blocks towards an unqualified audit. In addition we want to improve our enterprise risk management system to ensure that we fully comply with the Public Finance Management Act, PFMA, and other prescripts.
That is the bold initiative by the department we want to commend.
I also want to state very clearly that the implications, therefore, of a qualified audit extends beyond the violation of the general accounting principles and failure to observe the law. The impact of a qualified audit is neither felt by the accounting officer - it is not felt by the Members of Parliament - nor by the rich. The impact of it is felt by the poor who cannot access justice, because courts are far from them or because the Legal Aid Board was not capitalised adequately to expand its caseload and extend its reach. The impact of a qualified audit is felt by the poor presumed innocent awaiting-trial detainee subjected to successive case remands, owing to prosecutor inadequacy and heavy caseloads. Indeed, clean governance should be recognised as central to the service of our people.
I also want to read something else that militates against what our movement proposes as a required capacity.
Most of the problems identified by the Auditor-General in his audit relate to the internal control issues - contravention of PMFA and Treasury regulations.
In too many instances these issues are not being effectively monitored by leadership. There are three categories of leadership that are articulated here: one, you will be surprised, is the portfolio committee themselves, ministers and directors-general.
The report goes further to aver that there appears to be a general reluctance on the part of departments and entities to investigate timeously noncompliance with relevant legislation such as the PFMA and cases of fraud and corruption; and to follow with appropriate disciplinary or criminal action.
We further refer to factors that militate against these which our movement proposed.
Corruption poses a serious threat to our struggle to build a caring society and it erodes the moral fabric of our society. It is a threat that must be fought both inside and outside the state. The ANC must never tolerate corruption. Resolutely punishing and effectively preventing corruption is therefore a major political task the ANC must attend to at all times. All ANC members should be aware that combating corruption is a battle that can be won.
The ANC is committed to transforming the state in a manner that benefits our people. There is no room for using the resources of the state for self-enrichment and acting from narrow selfish interests. Selfishness is alien to the values of our movement.
A major site of both wastage and inefficiency is in our procurement system through combination of corrupt practices, inefficient procurement, poor planning and in some instances collusion by private sector.
We are not getting the kind of value from our purchases that our people deserve. Corruption is an ever-present threat to our ambitions. All South Africans must constantly and consciously work to root out this cancer. If we are to address the scourge, we need to improve management capability, governance enforcement and oversight in government and in the business sector. Poorly managed tender processes are all too often open to such abuses.
I just want to say that these challenges will undermine what the Minister is committing himself to do, but we are very confident. You have inspired us by speaking unwaveringly and unflinchingly on these matters, that these are the stances of our movement, and the movement has spoken about them. [Applause.
Mr S Z NTAPANE: Chairperson, hon Minister, Deputy Minister and hon members, the budget before us represents the means by which government seeks to resolve the vital issue of justice and constitutional development. Therefore, as a tool that needs to give life to policy, it must be judged against the important policy questions facing the country in terms of the justice system.
It is well known that the judiciary has been under repeated attack for a number of years now. Individual judges and the institution as a whole, including the Constitutional Court, have been bad-mouthed and attacked in the most unbecoming manner.
Another fact that we cannot ignore is that the ability of the justice system to dispute justice is being questioned by many South Africans, because the rate of successful prosecutions is shockingly low. Indeed there is a strong argument to be made that the courts represent a bottleneck in the administration of justice, because the backlogs that cause an untenable high number of awaiting-trial prisoners have resulted in overcrowding in prisons. It is therefore undeniable that this government needs to spend a significant amount in making the country's legal system work. It is therefore disturbing and troubling that the department's budget has been decreased in real terms.
It is within this context that we are perturbed about the latest developments at the National Prosecuting Authority, NPA. The comments and behaviour of the National Director of Public Prosecutions are deeply disturbing and seem to indicate a heavy-handed and anti-democratic intent to dismantle vital components of the NPA and remove some of its leading members under the guise of so-called "reforms".
We are particularly concerned that in many cases government, represented by the hon Minister, appears to be as surprised as the rest of us by these developments. The Portfolio Committee on Justice and Constitutional Development did not have sufficient time to consider these proposed institutional changes and how they may impact upon the budget.
There should be no uncertainty that the constitutional obligation of the NPA is to prosecute without fear or favour. Any erosion of this prerogative is a direct attack on our democratic dispensation. The amount of R2,4 billion is allocated in this budget to the NPA, but we are not entirely clear what this funding is intended for. Thank you.
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, I have a passionate dislike for the term "all protocol observed". Fortunately, the Minister spoke before me, and I can therefore take refuge in saying that I associate myself with the acknowledgements that he has made. I hope to acknowledge many in, and beyond, this audience by speaking of their good deeds.
I add my voice to those who have expressed their sadness and condolences on the passing of Judge Mohamed Jajbhay and the stalwart human rights campaigner, Mrs Sheena Duncan.
Sixteen years ago, on 26 August 1994, the late Minister Dullah Omar opened the debate on the first Justice Budget Vote of our democratic South Africa.
We have taken the first steps. They are small ones, but we are comforted by the thought that every journey begins with a single step.
When access to justice does not exist or is inadequate - in our case hopelessly inadequate - and where there is no equal protection under the law, there will be a greater tendency for people to take the law into their own hands. The result is violence, crime and the destruction of the safety and security of communities.
Access to justice, therefore, is the heart and soul of our vision in the work of the Department of Justice. It is part of our contribution towards building a just society, but also towards guaranteeing the safety and security of all South Africa's communities.
In his state of the nation address President Jacob Zuma identified five national priorities. These are the creation of decent work and sustainable livelihood, education, health, rural development and food security, as well as the fight against crime and corruption. These priorities are mutually dependent and reinforcing. They require united action by all of us in order to be achieved. The question of access to justice is central to the realisation of these goals.
Small claims courts are a powerful mechanism for providing access to justice, especially for the poor. These courts function on the basis of speed, simplicity and cost-effectiveness. They also provide a forum for the resolution of civil claims up to R7 000, an amount that was determined in 2004, and is hopelessly outdated. Consultations have started to increase this amount to between R10 000 and R15 000.
Interestingly, Brazil has a very dynamic system of small claims courts in which jurisdiction is defined in terms of a nationally determined basic minimum salary. Currently, these courts have jurisdiction to hear matters involving up to 40 minimum salaries or approximately R80 000. Our objective is to establish at least one small claims court in each of South Africa's 384 magisterial districts.
Presently, we are just over the halfway mark, with 201 functioning small claims courts, 13 of which were established in the past year, and the imminent proclamation of a further seven. Our aim is to establish another 60 courts during 2010 and a further 60 by the end of the 2011 financial year. Most of these newly established courts will be in rural areas. Special attention is also being given to those 15 branch courts designated as full service courts. These are located in what the topography of apartheid would have classified as black areas.
The excellent work done in these courts is done after hours, on a voluntary basis and without any remuneration by the 1 078 legal practitioners who preside as commissioners. We call on all to follow their example.
Training manuals for clerks and commissioners will be launched publicly on 21 May 2010, and the first training for commissioners will commence on 19 May, further improving the quality of services rendered by these courts. We wish, yet again, to extend our appreciation to the Swiss Development Agency for their support and partnership in this endeavour.
Outreach awareness campaigns to popularise the use of these courts as well as referrals of cases to the courts by civil society, various pro bono organisations, legal aid clinics and lawyers, are being conducted. We call upon all members in this House to assist us by adopting the rallying cry, "one constituency, one small claims court". [Applause.
Legal Aid South Africa has continued to discharge its mandate to facilitate access to justice by providing legal representation, and has done so in a manner that can only be described as excellent - an example to all organisations, public and private.
During the 2008-09 financial year Legal Aid South Africa continued to provide legal aid services at all criminal courts through 62 justice centres and 55 satellite offices. During this period, these centres delivered quality legal services in 430 922 new legal matters, which included assistance in 404 613 criminal matters and 30 309 civil legal matters.
The establishment of a legal quality assurance unit will further strengthen the quality programmes provided by Legal Aid South Africa. Outdoor advertising campaigns, community events and the branding of police and prison cells to increase awareness of legal aid services and human rights continue.
The 2008-09 financial year was the eighth consecutive year that Legal Aid South Africa achieved an unqualified audit, and the fourth consecutive year of no matters of emphasis in the Auditor-General's reports.
The work of sheriffs forms an important link in the civil justice value chain. The transformation of this sector is one of our priorities. We are implementing measures to enhance the capacity of sheriffs to improve the turnaround time on the service and execution of court processes.
Amendments to deal with flaws in the appointment process of sheriffs will be finalised by August this year, after which the long-overdue process of filling 230 vacant offices will commence. In this regard we are consulting with the SA Board of Sheriffs as well as the organised profession.
We are deeply concerned that underdeveloped and poverty-stricken areas are unable to attract suitable persons for appointment as sheriffs. These nonviable offices constitute almost 30% of the 384 magisterial districts, and most are in the Eastern Cape, Northern Cape and Limpopo. We will soon be introducing legislation that will enable the department to appoint state employees in appropriate circumstances to ensure that communities in these areas are able to enjoy the equal benefit and protection of the law.
We were mindful from the very start of the importance of accountability to our democracy. Our experience had made us acutely aware of the possible dangers of a government that is neither transparent nor accountable. To this end, our Constitution contains several mechanisms to ensure that government will not be part of the problem, but part of the solution.
We commend the work done by our state institutions supporting constitutional democracy, such as the Human Rights Commission and the Public Protector. We have a constitutional and legal responsibility to support these institutions. We are committed to working closely with them, without compromising their independence.
It is a matter of serious concern that the remuneration and conditions of service of members of a number of our state institutions supporting constitutional democracy continue to be dealt with in terms of an outdated framework that predates the adoption of our Constitution. We are attempting to expedite implementation of the Cabinet decision that this framework must be reviewed.
The SA Law Reform Commission has continued to do valuable work by researching and making recommendations regarding the development, improvement, modernisation or reform of our law. The commission has done so informed by the need to improve access to justice and transformation of our legal system. The commission is busy with 17 substantive research areas approved by the Minister. It is clear that the commission adds value to government's strategic outcomes and priorities and that there is recognition, locally and internationally, of the tremendous contribution the commission has made to law reform.
I would like to highlight three Bills in our legislative programme that impact most directly upon our objective of ensuring that everyone in South Africa is safe and feels safe. Firstly, there is the Prevention and Combating of Trafficking in Persons Bill, providing for the prosecution and imposition of heavy penalties for those involved in the trafficking of persons, and for the protection of and assistance to victims of trafficking, among others. These crimes are perpetrated by transnational syndicates, hence the calls from many states for regional and international co-operation and our ratification of the relevant international instruments. We have demonstrated our intention to deal forcibly with these crimes. A National Action Plan that will enable the co-ordination of preventative initiatives, criminal justice responses, training, public education and the improvement of services to victims of human trafficking is currently being finalised. We urge hon members to process this Bill with the urgency that it deserves.
Secondly, the Protection from Harassment Bill is a victim empowerment tool that provides for the granting of a protection order by a court of law against persons who harass or stalk their victims. This is similar to the procedures found in the Domestic Violence Act, but it is also available to victims of harassment who fall outside a domestic relationship.
Thirdly, we have the much-spoken-about amendment to section 49 of the Criminal Procedure Act, dealing with the use of force in effecting arrest. This amendment is not about "shoot to kill", but about bringing section 49 in line with the judgment of the Constitutional Court in the Walters case. This will assist law enforcement officers in the performance of their functions, thereby enhancing efficiency in the combating of crime.
Other Bills which are being prepared for submission to Parliament include the Bills mentioned by the Minister, as well as the Muslim Marriages Bill; the State Liability Bill; the Prevention and Combating of Hate Speech, Racial Discrimination, Xenophobia and Related Intolerance Bill; the SA Human Rights Commission Amendment Bill; and the Customary Judicial Matters Amendment Bill.
One aspect of our legislative programme that often goes unnoticed is the so-called subordinate legislation - the rules and regulations, the nuts and bolts required for the implementation of Acts of Parliament.
Hon members, if the devil is in the detail, then the drafters of subordinate legislation must own substantial tracts of subprime timeshare in hell. However, whenever I meet with the members of this dedicated team responsible for this important work, they smell, not of brimstone, but of nicotine. I take this opportunity, publicly, to urge them to part ways with this habit - we need their skills for many years to come. [Laughter.] [Applause.
I would like to thank the Minister for his leadership, guidance and wisdom. I would also like to associate myself with the Minister in thanking the chairpersons of the portfolio and select committees, Adv Ngoako Ramatlhodi and Mr Harry Mofokeng, respectively, as well as committee members from all parties for the committed manner in which they have executed their constitutional mandate to legislate as well as to oversee our work. Allow me to express special thanks to Adv Menzi Simelane, former Director-General, as well as the current Director-General, Adv Nonkululeko Msomi, and the staff in the Department of Justice and Constitutional Development.
I also wish to express appreciation to the Chairperson of the Magistrate's Commission, Judge Ngoepe; the Chairperson of the SA Law Reform Commission, Judge Mokgoro; the Chairperson of Legal Aid SA, Judge Mlambo; the Chairperson of the Human Rights Commission, Adv Mushwana; the Chairperson of the SA Board for Sheriffs, Judge Erasmus; and the Public Protector, Adv Madonsela. The respective members of these institutions and their staff are also thanked for their work. Last, but not least, I wish to thank the lawyer who occupies a special place in the court of my heart, my wife, Kim Robinson.
I would like to conclude where I started, with the debate on the first Budget Vote on Justice in democratic South Africa on 26 August 1994. It was during that debate that I spoke for the first time in our democratic Parliament. I spoke about young people and justice. I spoke about proposals that had been made by the ANC Youth League for the reform of the juvenile justice system. On 1 April 2010, 16 years later, the Child Justice Act finally came into operation, giving effect to almost all those proposals by the ANC Youth League.
I make this point to illustrate the painfully slow pace at which the transformation of our legal system has, in many instances, proceeded, and the need to increase the pace of change dramatically. We are confident that, working together, we can speed up change. Through our joint efforts in the Justice, Crime Prevention and Security cluster aimed at fulfilling the outcome and outputs set for the cluster by the President, we can ensure that all in South Africa will be safe and feel safe.
Chairperson, I urge the House to support the budget of the Department of Justice and Constitutional Development for the 2010-11 financial year. [Applause.
Mnr P J GROENEWALD: Agb Voorsitter, ek wil vir die agb Minister sê sy departement se strategiese raamwerk vir 2010 tot 2014 het 12 prioriteite wat hulle daarstel. Die eerste prioriteit is dat die departement verklaar dat hy sy rol in spesifiek Grondwetlike Ontwikkeling gaan versterk. In Program 3 maak hy selfs daarvoor voorsiening dat 'n kantoor gevestig word waar vier amptenare nog voor die einde van die jaar aangestel sal word. Die VF Plus verwelkom hierdie benadering.
Daar is baie van die mense wat vandag hier sit wat nie weet wat die gees was met die vestiging van die 1996 Grondwet nie. Daar is bitter min van die lede in die Parlement en spesifiek van die ANC wat weet wat alles daar gebeur het. Daar is sekere ooreenkomste gesluit. Daar was 'n sekere gees wat geheers het met die vestiging.
Daar is mense wat dink dat ons Grondwet 'n finale Grondwet is en dat dit nou daargelaat kan word. 'n Grondwet is 'n lewendige dokument. Ek wil vandag vir die agb Minister sê dat daar opvolggesprekke moet plaasvind, en die VF Plus is van mening dat daar 'n opvolgskikking moet plaasvind wat betref sekere aspekte in die Grondwet. Ons het nou 15 jaar gehad van dié Grondwet. Ons kan sien wat die positiewe dinge daarin is en wat die negatiewe aspekte is. Die negatiewe aspekte moet dan aangespreek word om dit 'n nog beter Grondwet te maak. So ons sal, wat dit betref, met die Minister skakel.
Agb Minister, dit is so dat die klem gewoonlik op Justisie is, en dat Grondwetlike Ontwikkeling partymaal uit die oog verloor word. Maar dit is ook so dat, as ons gaan kyk na die misdaadsituasie - en ek het geluister na wat u gesê het oor die strafregstelsel, en ons weet van die vorige Adjunkminister wat twee jaar gelede daarmee begin het, ens - die werklikheid in Suid-Afrika nog steeds is dat slegs ongeveer 10% van misdaadsake wat aangemeld word, suskesvol in ons howe eindig. Dit beteken 'n misdadiger het 'n 90% kans om weg te kom met misdaad in Suid-Afrika. Ons verwelkom die stappe wat u neem, maar ek wil vra, agb Minister, dat u dit sal moet versnel, want die misdadigers het nie tyd om te wag nie; inteendeel, hoe langer daar gewag word, en hoe meer tyd dit neem om die prossesse in werking te stel, hoe beter vir hulle.
Daar is ook 'n ander aspek. Die verhoor en die regskoste van mnr Jackie Selebi word gefinansier deur die belastingbetaler. U departement gee die magtiging dat hy staatsgeld mag kry, maar die Departement van Polisie behoort dit te betaal. Nou, agb Minister, ek hét al 'n vraag in dié verband vir u gevra. Ons wil graag weet: wat is die kriteria Hoe is dit moontlik dat 'n persoon soos mnr Jackie Selebi, wat aangekla word van misdrywe wat geensins verband gehou het met sy werk en die uitvoering van sy ampspligte nie, toegelaat word om belastingbetalers se geld vir sy regsonkostes aan te wend Dit skep die indruk dat ons nie misdaad beveg nie, maar dit bevorder. Dankie. (Translation of Afrikaans speech follows.?
Mr P J GROENEWALD: Hon Chairperson, I would like to say to the hon Minister that with his department's strategic framework for 2010 to 2014 they have formulated 12 priorities. As a first priority the department declares that it is going to intensify its role in specifically Constitutional Development. In Programme 3 it even provides for the establishment of an office where, even before the end of this year, four officials will be appointed. The FF Plus welcomes this approach.
There are a number of people sitting here today who have no knowledge of the spirit in which the establishment of the Constitution came about in 1996. There are very few of the members in this Parliament and specifically of the ANC who are knowledgeable about everything that transpired there. Certain agreements were signed. There was a particular spirit that prevailed with this settlement.
There are people who deem our Constitution to be a final Constitution and that we should now leave it at that. A Constitution is a living document. I would like to say to the hon Minister today that there should be follow-up discussions taking place, and the FF Plus is of the opinion that a follow-up settlement needs to happen concerning certain aspects of the Constitution. We have now had 15 years with this Constitution. We can identify the positives therein and what the negative aspects are. The negative aspects would have to be addressed to make it an even better Constitution. Therefore, on this score, we will liaise with the Minister.
Hon Minister, it is a fact that the focus is usually on Justice, and that sometimes we lose sight of Constitutional Development. But it is also a fact that, if we look at the crime situation - and I have heard what you said about the system of criminal law, and we know about the former Deputy Minister, who started with this two years ago, etc - the reality in South Africa is that it is still only about 10% of those criminal cases that have been reported that end up being successfully concluded in our courts. This means that a criminal has a 90% chance of getting away with crime in South Africa. We welcome the steps that you are taking, but I want to appeal to you, hon Minister, that you should speed this up, because criminals don't waste time; on the contrary, the longer we wait and the more time it takes for us to implement the processes, the better it is for them.
There is also one other aspect. Mr Jackie Selebi's trial and the legal costs are being financed by the taxpayer. Your department gives the authority that allows for him to access public funds, but the Department of Police should be paying for it. Now, hon Minister, I have previously asked you a question with regard to this. We would like to know: What are the criteria How is it possible that a person such as Mr Selebi, who is being charged for crimes which are in no way connected to his work or to the execution of his official duties, is allowed to use taxpayers' money for his legal costs It creates the impression that we are not fighting crime, but promoting it. Thank you?
Nom J B SIBANYONI: Sihlalo oHloniphekileko, namaLunga ahloniphekileko wePalamende, ngingalibali nakibo abavela ekorweni ekulu yomThetho Sisekelo, ngiyalotjhisa ngithi nina enakhula silibele. Akwande!
Ummongo engizakukhulemela phezu kwawo namhlanjesi uthi: (Translation of isiNdebele paragraphs follows.
Mr J B SIBANYONI: Hon Chairperson, Members of Parliament, and not forgetting those who come from the Constitutional Court, greetings to you all.
Accelerated universal access to justice for substantive protection, promotion and fulfilment of the enshrined rights to human dignity, equality and freedom.
The National Democratic Revolution, NDR, seeks to build an open and free society in which discrimination finds no space to operate in, and to promote the quality of people's rights as well as the promotion and protection of human dignity.
The constitutional democracy should protect its people from crime and ensure that everyone has equal access to justice. The constitutional supremacy supported by the Bill of Rights enjoins the state to respect, protect, promote as well as to fulfil the rights contained in the Constitution.
Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.
In common law, infants and minors were deemed not to have the capacity to litigate; however, the new Children's Act has extended the right to bring a matter before the court to all children. The Child Justice Act created a suitable justice system for children who are in conflict with the law. In this regard, access to justice has been extended to children, who are among the most vulnerable of our society.
I commend the department endeavours to bring justice services closer to the communities previously discriminated against to ensure their access to justice services as required by the Constitution and the Bill of Rights.
In the 52nd National General Council held at Polokwane in 2007, the ANC resolved, among other things, that all official languages are to be used in the courts so as to enhance access to justice. No one should be excluded from meaningful participation in the court proceedings due to language barriers.
Recognising the historically diminished use and status of the indigenous languages of our people, the state must take practical and positive measures to elevate the status and advance the use of these languages.
The Constitution is referring to the effective use thereof to ensure equality as section 9(3) also prohibits discrimination on the basis of language.
The department aims to build courts to provide required justice services to people. This includes improving the quality and quantity of justice services, providing justice in people's indigenous languages, including Braille and sign language, educating the public about their rights and transforming courts to comply with their constitutional mandate of a self-sufficient and trusted arbiter of individual and societal conflicts.
Universal access to justice needs to recognise that since 1652 when Jan van Riebeeck arrived in the Cape of Good Hope bringing along Roman-Dutch law with him, through to 1795 when the Cape was under British control for the first time to date, South Africa has been and remains a hybrid legal system. In that regard customary law, as applied mainly by traditional courts, persists concurrently with common law and statute law as applied by western courts across their jurisdictions. In this regard, Polokwane resolved that traditional courts must be aligned with our constitutional dispensation and that our indigenous law be incorporated and developed.
The colonial judicial system did not recognise African indigenous jurisprudence. When apartheid showed recognition for customary law, through the then Native Administration Act, which was later called the Bantu Administration Act and currently the Black Administration Act, it was in order to create a system for subjugating and suppressing Africans - thus some of the customary law provisions and sanctions offend against our Constitution.
In that regard, it is important that indigenous law be revived and its integrity restored. However, reviving the integrity of indigenous law without mainstreaming it and recognising traditional courts will not be sufficient for ensuring universal access to justice. It is thus important that traditional courts be enabled to comply with the Constitution regarding equal treatment of all legal subjects regardless of gender or lineage. The Traditional Courts Bill has been prioritised for this year, 2010. The so-called Black Administration Act of 1927 will be abolished, that is repealed, during this year.
Economic inequality affects access to justice such that the poor who find themselves on the other side of the law do not have the means to secure legal representation and, were it not for state intervention through the Legal Aid Board, many people would be convicted of crimes they never committed as a result of lack of legal representation. [Time expired.] The ANC supports this Budget Vote.
Ngiyathokoza, Sihlalo. [Iwahlo.] [Thank you, Chairperson. [Applause.
Mr S N SWART: Chairperson, the ACDP welcomes the increase in the departmental budget and we will support this Budget Vote.
The department leads the criminal justice cluster in a fight against crime. We look forward to the effective implementation of the seven-point plan flowing from the criminal justice review. This is an attempt to ensure that all South Africans feel free and are safe. However, in this regard it is a matter of concern that only 317 000 criminal cases were finalised although more than a million cases were enrolled. Clearly, our courts are overstretched and require further capacity. Our prosecutors also need assistance. We cannot afford to lose experienced prosecutors, and for that reason we cannot understand why experienced High Court and senior prosecutors were redeployed to lower courts. Thankfully this decision was reversed.
In this regard the ACDP shares the view that Parliament should play a key role in the appointment of the National Director of Public Prosecutions, NDPP. The judiciary has come through a particularly challenging year following the complaints of interference lodged by the Constitutional Court Judges and ensuing litigation and investigation by the Judicial Service Commission, JSC. The recent Cape High Court decision striking down the JSC decision resulted in this matter lingering on. We trust that the JSC will now speedily resolve this issue.
The ACDP also shares the views expressed on the exclusion of Advocate Jeremy Gauntlett from appointment to the Bench. It is a shocking and illogical decision to say the least, particularly in view of the time he has spent on the Lesotho Bench. We would urge him to apply again.
The ACDP is also concerned about the increase in human trafficking in the run-up to the Fifa Soccer World Cup. It was the ACDP that requested the Justice portfolio committee to hold an urgent briefing on this issue following the tabling of the Trafficking in Persons Bill.
Whilst we are still to consider this Bill, we want to make it very clear that, at the moment, there is more than sufficient legislation in place to successfully prosecute perpetrators of human trafficking. This is borne out by the successful prosecution of traffickers in KwaZulu-Natal on a number of charges, including racketeering. So criminals be warned! We will not tolerate the abuse of our women and children.
The ACDP is concerned about the degree of support available to victims of trafficking following briefings. Minister, as head of the criminal justice cluster, we would urge you to ensure that police officials are properly trained and that there are sufficient safe houses to accommodate such victims, although these are not directly your line function. As the cluster head, we would urge you to look at that, particularly in the rural areas. Please also ensure that provincial task teams are established in all provinces as a matter of urgency.
The long-awaited Child Justice Act commenced on 1 April 2010. This followed some 10 years of drafting and deliberations. Diversion and restorative justice have, however, been applied in our courts with great success for a number of years. The ACDP played a key role in finalising this Act and will closely monitor its implementation. All that we can say at this stage is, "at long last!" We have implemented it at long last.
As far as the Chapter 9 institutions are concerned, we need to take responsibility for not implementing all the decisions of the ad hoc committee. Clearly, this unit needs to be further capacitated to improve oversight and engagement by the relevant portfolio committee.
We appreciate that the department faces many and varied challenges; however, the challenges can be overcome. Take for example the Legal Aid Board that was in a chaotic state a few years ago. Through perseverance and hard work it has been transformed into a world leader in the provision of legal aid.
Lastly, the ACDP would like to thank all those dedicated members of the judiciary, prosecutors and court officials who tirelessly seek to uphold the Constitution and the rule of law by providing justice on a day-to-day basis. I thank you. [Applause.
Prof L B G NDABANDABA: Chairperson, Minister, Deputy Minister, and the hon Chief Justice, in the time allocated to me, I will concentrate on the deepening, consolidating and broadening of the judiciary operations in our country.
The new democratic dispensation was crowned in February 1997 with the new Constitution coming into effect, which mirrored in many ways the spirit of the Freedom Charter. The Constitution did not just displace the parliamentary supremacy that churned out unjust laws and subjected the judiciary to enforcing draconian laws which changed with lightning speed. The apartheid regime had, of course, pushed this country into isolation.
Our Constitution does not only declare collective ownership of South Africa as does the Freedom Charter, but also entrenches and extols equality, which is the antithesis of separate development and racial segregation practiced by the past regime. It is therefore absurd to imagine that the judicial infrastructure which was tailor-made to protect the privileges of the oligarchic racial minority and to suppress the majority, will automatically present itself as a trusted servant in the hands of a democratic dispensation based on the values of equality, human dignity and freedom.
While one does not seek to venture into the terrain of questioning the fairness of the blindfolded lady justice, it is not far-fetched to imagine that the orientation of those who are responsible for the fair administration of justice and the alignment of the infrastructure should match the national agenda; that the judiciary is independent as part of the three arms of the state as function of the Constitution. The ANC is determined to protect the independence of the judiciary and to support the judiciary at all times. It is a fact that a legal system of any country is a function of power relations recorded in history.
It is a historical fact also that Roman law was not accepted in England and that England continues to practise English common law which is a product of the wise judgments of its own jurists. The question begs an answer then as to why South Africa would seek to continue practising a mixed legal system which is a product of a compromise in the Treaty of Vereeniging at the end of the Anglo Boer War, which itself was triggered by the refusal of the Boers to accept English common law. Whilst one might not be advocating for wanton jettisoning of Roman Dutch law and English common law, at least one is contending for African jurisprudence, which is underpinned by the values of Ubuntu Botho, which avers that a person is a person because of others and by extension extols collectivism and individualism.
The question should be asked whether indeed legal positivism, which seems to drive Roman Dutch law, is a philosophy that can foster social cohesion and nation-building. Should we be saying that the law does not have to be moral for it to be right or should we embrace natural law and say in Latin lex inuista non est lex If the law is unjust, then it is not law at all. Should we not subject our legal system to our values The question begs an answer whether the adversarial system, which purports adversity and conflict between the parties in a lawsuit, is a system that can foster rehabilitative justice?
Should we as South Africans continue with jurisprudence that isolates the accused from the society and seeks to punish an offender in a retributive way African jurisprudence, as practised throughout the continent of Africa, despite marginalisation, is inquisitorial and reconciliatory. It seeks first to reconcile the parties in dispute among themselves, and the community later. African jurisprudence does not see a lawsuit as a war between the parties, but as a misunderstanding or deviant behaviour that can be remedied or in exceptional circumstances shunned and punished?
There should be a single, accessible and affordable court system, including the integration of the Judicial Service Commission, JSC, and the Magistrates' Commission, MC, into a single appointment mechanism and the establishment of a single grievance procedure for judicial officers.
This resolution is in recognition of the quasi federalism that is obtained in the administration of justice in our country today. The status quo ante is that Provincial High Court decisions stand uninfluenced by other Provincial High Courts, but the doctrine of stare decisis, judicial precedent, binds each Provincial High Court to its own decisions and subsequently binds all lower courts in that province to the precedent set by that High Court.
The effect of this practice is that there are noticeable differences between the legal practices in different provinces, which at times mean that similar offences are dealt with differently in different provinces. This was more pronounced during the days of the TBVC states where some Bantustans had outlawed the death penalty while others had not. The matter of the JSC and MC, as it was mentioned by the Minister and the Deputy Minister, tends to impose a difference between Presiding Officers on the basis of which court they preside upon.
This situation is undesirable as it breeds unnecessary inconsistencies and imposes a hierarchy whose only effect would be to affect operations. Mostly this situation causes duplication of scarce resources on two bodies with the same mandate but occupying different levels. Maybe there should be one National High Court with provincial divisions to foster coherence and to ensure consistency in the judicial operation and fairness in the administration of justice.
A few remarks about the traditional courts, as showing transformation - these courts have been mentioned by the Minister, Deputy Minister and hon Sibanyoni. They seek to affirm the recognition of the traditional justice system and its values, based on the restorative which underlines justice and reconciliation, to provide for the structure and functioning of traditional courts in line with constitutional imperatives and values.
Our Constitution recognises the institution status and role of traditional leadership. We cannot doubt that. The essential motivation behind the introduction of the Bill is not to create a parallel justice system against the ordinary system of our courts, but to affirm the values of the traditional justice system which are based on restorative justice.
Another area of transformation is indicated by the Child Justice Act. I will not go into the details of this Act, but basically this Act has established a criminal justice system for children who are in conflict with the law and are accused of committing offences. It provides a number of items that I won't mention because of time.
This Act transforms our justice system by creating a parallel system for children which are in conflict with the law. The transformation of the judiciary is not complete without the alignment of the demographical representation among judges. Some commentators have argued that representation should be trumped by at least 15 years' experience. The unfairness of this statement derives from the fact that very few black people were jurists 15 years ago. Thus if such a statement were to be followed to the letter, the judiciary would remain dominantly white and male for the next 58 years. [Time expired.] Thank you. [Applause.
Mr J H JEFFERY: Chairperson, Minister, Deputy Minister, Chief Justice, Deputy Chief Justice, Public Protector, Chair of the Human Rights Commission, hon members, I rise as the last ANC speaker in this debate in support of the budget for the Department of Justice and Constitutional Development.
I would like to start by responding to some of the issues that some of the opposition parties raised. For those members who are not members of the Justice committee or who are members but do not attend meetings, we work very well in the Justice committee on a multiparty basis. Basically, everybody speaks, everybody gets listened to, and the views of any member, whether they be from the majority party or the opposition, get taken seriously and take effect. It is a pity, but, I suppose, understandable, that parties have to come here and start politicking. I suppose that that is what they feel they need to do.
I want to deal with two issues that parties raised. Maybe before that, I would like to congratulate the Minister on signing his performance agreement. Perhaps we, as members of the Justice committee, should look at whether to sign performance agreements. Maybe we could start with the hon member from the IFP, the hon Van der Merwe, who could probably put the following into his performance agreement: "attend at least one meeting of the Justice committee per year." [Laughter.] Because he has not attended any.
Usually, we see him during the Budget Vote. It is a pity we do not see him here today. I do not know if he is sick or if he has some court case in his practice, but anyway, welcome, hon Singh. It is nice to have you here, but maybe you should look at the performance of your hon Chief Whip - he has not attended one meeting. His alternative, Mr Oriani-Ambrosini, attends, but he is only an alternative, and he runs between many committees, I know.
Going on to the issue of the National Prosecuting Authority, NPA, I think it is clear that we need further debate on the matter. It is a pity that members have raised issues here when the National Director is here but cannot defend himself and cannot speak. One of the members who raised issues, the hon Ntapane, was not even there when the National Prosecuting Authority appeared before the committee. I think it is clear - we need further discussion, and I think we need to discuss again what is actually meant by the National Prosecuting Authority and the issue of independence.
The hon Smuts surprises me. I mean, she was there when the Constitution was drafted. She knows, I presume, that in many authorities of the Commonwealth, the head of the prosecuting authority forms part of the executive. It is a political appointment, and that is also true in America. I think that it may be olde worlde, but that is what happens in most other countries. The prosecuting authority is an extension of the executive. What happens is that the prosecuting authority needs to exercise its functions and make decisions on whether to prosecute or not, without fear or favour.
The authority itself, however, is not independent. That is why the Constitution does not say anything about the prosecuting authority being independent. You may wish it, but it does not say that. It says "national legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice". It does not say, "independent", as it does with the courts; and let me just help you, the courts are independent and subject only to the Constitution.
If the intention was that the prosecuting authority was to be independent, as you put it, why did the Constitution not say that Instead it stresses a role for the National Director. We have had these accusations of his interference, which were explained when he came and spoke before the committee. The same goes for the role of the Minister. Perhaps we need to debate these things again, but it is interesting that, suddenly, there is this wish that the prosecuting authority be independent, which it is not. So, let us debate that further?
The other issue is the question of the Judicial Service Commission, JSC. It is worrying that there is a tendency that has come up, where judges seem to have lobbyists, or people seem to have lobbyists for them to be judges. Unlike when you started in Parliament, hon Smuts, the appointment of judges is not a political appointment by the President on his or her own. Judges are appointed on the recommendation of the JSC as set out in the Constitution.
I think it is wrong that parties...
The TEMPORARY CHAIRPERSON (Dr T S Farisani): Hon members, I am not calling for order, because I know the hon member can handle the heckling. Proceed. [Laughter.
Mr J H JEFFERY: Thank you. I was hoping, Chair, that you would throw her out, but maybe she does add to the debate as well. Yes, the point I am making is we need to be careful about expressing preferences as political parties for candidates. The JSC is there. Again, it and the composition thereof are quite clearly set out in the Constitution. I think everybody supported it.
Just for those who think that it is an ANC structure, it is made up as follows: the Chief Justice, the President of the Supreme Court of Appeal, one judge president designated by the judge presidents, and the Minister. Then, two practising advocates are nominated from within the advocates' profession to represent that profession. They are not ANC nominees. There are two practising attorneys nominated from within that profession - not ANC nominees, presumably - one teacher of law, six persons from the National Assembly, three of whom have to be from the opposition, and four from the NCOP. Four are designated by the President, presumably not because of their ANC membership, and then, when considering matters relating to a specific high court, the judge president of that court, and the Premier. That brings you to a total of 25.
If you do the maths, you get to eight ANC members if you include the Minister. You get nine, I suppose, if it is a province where an ANC member is the Premier. However, this is not the case in the Western Cape, which was considering the appointments for judges to the Western Cape.
So, again, to say that there is an ANC bloc - I mean, eight ANC members out of 25 - is really not fair and not correct. I think it would be good if hon members could read the Constitution when it comes to the composition of the JSC. We should remember the process that was followed before, but hon Smuts, I do not know whether you said anything to P W Botha about a problem with his appointment of judges. It is just interesting, however, to see the born-again democrats who have problems with the appointments of judges. [Laughter.] [Interjections.
The TEMPORARY CHAIRPERSON (Dr T S Farisani): Hon member, I did not hear you.
Ms M SMUTS: Might I ask a question of the hon Jeffrey?
Mr J H JEFFERY: If I have time at the end, but not for the moment.
The TEMPORARY CHAIRPERSON (Dr T S Farisani): Hon member, are you taking a question from her?
Mr J H JEFFERY: Only at the end, if I have time.
The TEMPORARY CHAIRPERSON (Dr T S Farisani): Hon member, he has democratically turned down your request. Proceed.
Mr J H JEFFERY: Thank you. Now, turning to other aspects relating to the portfolio, I think the first point that I wanted to make, Minister, is that we have a very good relationship with the officials from the department. They attend meetings regularly, they quite clearly care about the job they are doing - this is now the officials that we interact with. They are conscientious, they go the extra mile in responding to the queries or issues that we raise, or the work that we give them to do. So, I would like to praise the department in their interaction with the portfolio committee.
I would like to congratulate Director-General Msomi on her appointment, and to say that in the short time she has been here, we have also been very impressed with her interaction with the portfolio committee and for giving it time in what must be a busy schedule. We worked very well with the regulations on the Child Justice Bill in getting that resolved and getting regulations that everybody could accept. Generally, when we sit in the portfolio committee, the reports from the department and from the National Prosecuting Authority, NPA, are good. The plans are good. The attempts to address the problems are good.
The problem is that on the ground things are often different. Minister, I read a report of your unannounced visit to certain courts, and read that you came across a number of complaints from ordinary people. They were not getting the service that they were expecting - officials were rude, unhelpful, and could not be bothered, in some cases. This is something that we need to come to grips with. It is a pity that we in the portfolio committee, because of our legislative and other loads, have not had enough time to get out into the courts to do unannounced visits ourselves.
We have got to look at engaging with these officials to establish what the problems are. We also need to look at what they are saying. Why are they unhelpful Why are they being rude Is it that they do not like their jobs, and if so, are they frustrated Why are they frustrated Is it by bureaucracy, by policies that they do not like, by supervisors There is a slogan of government: Together we can do more. I think we need to look at that in the Justice context, not just with senior officials, but with officials on the ground. We need to engage and involve them in improving the quality of justice that is given?
Some time ago we, as the committee, conducted oversight visits to courts. One of the lessons seemed to be that those courts where people spoke to each other, where everybody spoke to each other and where there were meetings of the magistrates, the prosecutors, the administrative staff, often involving the police, were the courts that worked the best. And the courts where the parties were not talking to each other and engaging each other were the courts where people seemed to be the unhappiest. So, I think that that is something that I would really recommend.
Hon Minister and members, lawyers are not known for their small egos, and in the justice system falling under your department, you have got a number of role-players, some of whom have fairly large egos. [Laughter.] You have the department itself, the NPA, and the different sections within it, Legal Aid South Africa, the court administration, the magistrates and the judges. I think it was the Deputy Minister who spoke about how long it had taken to actually finalise the Child Justice Act. Things do take a long time, and I think it is because of the different role-players in the whole system.
If we are going to get things through, we need to make sure that all the role-players work together and co-operate. Something should not be foisted on one group by another. It basically means that there should be communication and consultation. I am very pleased, Minister, with the Superior Courts Bill, that there has been engagement with the judiciary, and I hope that, in the processing of the Bill by Parliament through our committee, we will continue that.
Those are the two recommendations I would make in terms of improving the justice system, ensuring that the role-players consult and work together, and ensuring that even the officials at the coalface of delivery are involved and are taken along.
I then want to raise some issues relating to special courts. The debate relating to special courts seems to have swung to and fro. There are arguments in favour of the idea that there are categories of crimes that are complicated and require a specific knowledge of the law, both statute and case law, on the part of the prosecutors and presiding officers, and therefore you need expertise to build up. There are arguments against that idea - which, I think, mainly seem to be coming from the presiding officers - that prosecutors and magistrates should be trained and have the ability to deal with any offence.
The problem is, from a defendant's point of view, if you are accused in a court, and if you have the money, you will go to a legal representative who is skilled in that area of law in respect of which you have been charged. So, it makes sense that there should be expertise built up from the prosecutors' and magistrates' sides. Indications seem to be that specialised courts are effective. I am told we have 10 commercial crime courts; they have a conviction rate of 92,8%.
The problem seems to be with the sexual offences courts, where the numbers seem to be declining. Aside from the expertise as to the rules of evidence, there are special skills needed, particularly by a prosecutor - how to lead a witness who has been raped, for example, or how to lead a child. You may have intermediaries. You may have evidence given on video camera. So, I would urge that the issue of special courts needs to be looked at. We need to go back to increasing the number of special courts, particularly for sexual offences. It is necessary. It is something that we can debate, but if there are problems, let us have a debate about it. Let us get it resolved.
When it comes to the judiciary and the magistracy, in the past, the committee has engaged the magistracy and the judiciary through the Chief Justice coming and speaking to the committee. I think it is something that we should look at again, not, obviously, to impede upon the independence of the judiciary, but to hear from the Chief Justice and the Magistrates' Commission what their views are about the work that we are doing. Thank you. [Time expired.
The MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, hon members, while the debate is raging on about the independence or otherwise of the National Prosecuting Authority, NPA, I continue to exercise final responsibility in terms of section 179 of the Constitution. It is for that reason that I had a meeting with the top leadership of the NPA to discuss these issues and also, within the context of the performance agreement that I have signed with the President, as well as my responsibility to deliver on the delivery agreement, that I have indicated and they have accepted that that restructuring will be subjected to this process that I am leading in government. So, my schedule section 179 works.
On top of that, one should also read the judgment by the Deputy President of the Supreme Court of Appeal, Deputy President Harms, on the matter of the President and the NPA; on this issue, there is a very good articulation and interpretation of the Constitution, which reinforces the points that have been made, namely that the fathers and mothers of this Constitution were not asleep when they crafted the Constitution in the manner in which they did.
On the issue of the civil justice system, the reason we are doing this review is precisely because we need to ensure that we address speed, simplicity and cost in how we provide services to our people and also to look at other alternative dispute resolution measures that have to be part of our system in South Africa.
If one looks at the road accident fund matters that are clogging our courts throughout the country, especially in Gauteng, on the issue of an alleged person who has fled to Namibia, I wish to highlight that my predecessor dealt with this matter and he issued a notice for this person to be extradited to Italy, which I have confirmed as the current Minister. What has happened right now is that an application has been brought to court alleging that this notice is unlawful. So, that is the case that is before court at the moment. Hopefully this matter will be finalised between 18 and 20 May this year.
On the issue of the Child Justice Act, since 2009, before the implementation of this Act, all the role-players that are key to the implementation of this legislation have been trained magistrates, prosecutors, clerks of court, probation officers and police personnel, and training is continuing for all of them throughout the year.
I have full confidence that this is working according to plan. And, on top of that, the intersectoral and interdepartmental committee that is co-ordinated by the director-general is working very hard to ensure that it implements this Act.
On the issue that was raised about the appointment of Adv Mpshe as acting judge, the Constitution is very clear that the Cabinet member responsible for the administration of justice appoints acting judges. I have no intention of not exercising this constitutional obligation. So, that is why I appointed Mpshe.
The law society and the general council of the Bar wrote to me indicating their views about this matter. I issued a statement, which is a matter of public record, that subsequently gives my legal opinion and that of the general council of the Bar, which I am still studying. But as of now, I think the decision I took is the correct one.
On the effectiveness of the criminal justice system, as I have indicated, I have signed a performance agreement and the main thrust of this performance agreement is around the implementation of the criminal justice system in South Africa.
We have lots of challenges that we are facing, particularly my predecessor, the combative Johnny de Lange, as my shadow Minister has described him. He did sterling work in terms of starting this process. We are no longer reviewing, but implementing the seven-point plan so that we can ensure that what I saw in Khayelitsha on Monday does not recur. I was there for about 30 minutes and about five cases of murder, robbery and theft were postponed - all of them - because the police had not yet completed their investigation.
What this criminal justice system seeks to achieve is to make sure that there is a seamless chain of events that start with the crime scene. We need to have proper detectives. We do have technology and we need to use technology so that by the time the matter goes before court, it is court ready and not scrambling around looking for witnesses.
However, related to that, there is work that is being done by the Chief Justice and the heads of court in order to ensure that the judicial officers are empowered to take charge of their courts. Right now, the pace of litigation is determined by the litigants. The judicial officers are subjected to this abuse by litigants.
So, if we give this power and authority to judicial officers so that when they say that the trial takes place on 5 May, all these things that should have happened before should happen. If everybody is there in court and for any reason they want postponement, that will not happen. I think in that way we will be able to ensure that we provide a proper justice service to the people of South Africa.
Thank you, hon members, for the contributions you have made, and I hope you will pass this Budget Vote. [Applause.
The TEMPORARY CHAIRPERSON (Dr T S Farisani): Hon members, you are reminded of the EPC on Public Works in Committee Room E249 at 16:30 today. But hon members, we must respect each other, including the Chairperson.
The Committee rose at 16:23.
<fn>GOV-ZA.3497231En.2012-02-10.en.txt</fn>
Bills passed by Houses - to be submitted to President for assent .. 2256 2.
Public Accounts 2257 2.
Women, Children and People with Disabilities 2261 3.
Government Employees Pension Law Amendment Bill, 2011, submitted by the Minister of Finance.
Referred to the Standing Committee on Appropriations and the Select Committee on Appropriations.
Proclamation No 35 published in Government Gazette No 34356 dated 20 June 2011: Fixing of a date on which section 36(1) shall come into operation, in terms of the Revenue Laws Second Amendment Act, 2008 (Act No 61 of 2008).
Government Notice No R. 506 published in Government Gazette No 34363 dated 17 June 2011: Amendment of Rules (DAR/90), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 507 published in Government Gazette No 34363 dated 17 June 2011: Amendment of Schedule No 2 (No 2/336), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 508 published in Government Gazette No 34363 dated 17 June 2011: Amendment of Schedule No 4 (No 4/341), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 509 published in Government Gazette No 34363 dated 17 June 2011: Amendment of Schedule No 5 (No 5/93), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R. 510 published in Government Gazette No 34363 dated 17 June 2011: Amendment of Schedule No 2 (No 2/336), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Seventh Report of the Committee on Public Accounts on the Report of the Auditor General on the annual report and financial statements of the Department of Defence and Military Veterans for the 2009/10 financial year, dated 22 June 2011.
The Committee on Public Accounts (the Committee) heard evidence on and considered the contents of the Annual Report and the Report of the Auditor-General on the 2009/10 financial statements of the Department of Defence and Military Veterans (the Department).
The Department did not disclose any financial information on tangible and intangible assets for both the current and prior year, contrary to the requirements of the financial reporting framework set by the National Treasury.
Due to historic inherent problems, the Department did not maintain a proper asset register, supported by relevant documentation, to enable the Auditor-General to quantify the misstatements of tangible and intangible assets.
A project plan to address the asset register deficiencies was in process. However, existence, rights and obligations, completeness and valuation with regard to tangible and intangible assets could not be verified.
The Committee recommends that the Accounting Officer ensures that: a) Management implements a barcoding system that will ensure that all tangible assets are identifiable. b) A verifiable asset register, which contains asset descriptions, dates on which they were acquired, as well as serial numbers, is created and updated on a monthly basis. c) A dedicated asset management component is established within the department to manage assets according to the National Treasury guidelines. d) All assets are classified according to the Standard Chart of Accounts (SCOA). e) There is improvement to the current system, or implementation of a new system, to ensure that asset values are in line with the accounting policy. f) All assets are valued as prescribed by the National Treasury. g) A proper system of record-keeping is implemented to ensure that documentation is readily available. h) Monthly reconciliations between the Financial Management System (FMS) and logistical system relating to additions and disposals of assets are performed. i) Policies and procedures relating to assets are amended to ensure that assets are counted annually before the end of each financial year.
Department: a) The short-term plan to focus on the utilisation of the existing systems, the Operating Support Information System (OSIS) and the Computerised Aided Logistical Management Information System (CALMIS), to establish an asset register, and compliance with modified cash basis accounting. b) The long-term plan to focus on the implementation of a single integrated defence logistics information management system, including a single asset register, as well as integration to Integrated Financial Management Systems (IFMS) to enable the department to comply with accrual basis of accounting.
The Auditor-General identified that: The corresponding figures for the year ended 31 March 2009 have been restated as a result of errors discovered during the year under review.
The Committee recommends that the Accounting Officer ensures that: The financial statements and other information included in the annual report are checked and reviewed for completeness and accuracy prior to audit. All amendments to financial statements and information should be done before the annual audit commences.
The Auditor-General identified that: Irregular expenditure amounting to R1 billion occurred, mainly comprising of: housing allowances, new military dispensation, and performance awards which were paid during the year under review without following proper approval processes as prescribed in section 55 of the Defence Act (No.42 of 2002), and section 2 of the Public Service Act (No.103 of 1994).
Appropriate disciplinary measures are taken against employees who were responsible for incurring irregular expenditure in terms of section 38(1)(h)(iii) of the Public Finance Management Act (No.1 of 1999) (PFMA).
The Department implements effective, efficient and transparent financial and risk management processes. c The Department strengthens its internal control systems in order to avoid incurring further irregular expenditure.
The Auditor-General identified that: For the three tested programmes, the validity, accuracy and completeness of the reported targets could not be established as sufficient appropriate audit evidence could not be provided for audit purposes.
The Committee recommends that the Accounting Officer ensures that: a The planned and reported performance targets are specific, measurable and time-bound. b The accomplishment of predetermined objectives and targets is monitored on a continuous basis. c In future, relevant supporting evidence is made available.
The Auditor-General identified the following: a) The Department did not comply with section 55 of the Defence Act (No.42 of 2002) regarding the approval of salaries relating to the latest military dispensation, housing allowances for uniformed members, and performance awards. b) The Department did not comply with the approval process prescribed in section 2 of the Public Service Act (No.103 of 1994) regarding these payments. c) The Department did not comply with section 38(1)(a)(ii) of the PFMA, as an internal audit function was not fully operational for the year under review. d) The Department did not have an approved fraud prevention plan as required by Treasury Regulation 3.2.1.
The Committee recommends that the Accounting Officer ensures that: a The Department adheres to the applicable laws and regulations: including the PFMA, Treasury Regulations, Defence Act, Public Service Act, and appropriate disciplinary measures are taken against officials who do not comply with laws and regulations. b The Department has an effective audit committee that promotes independence, accountability and effective risk assessment. c The Department has a risk management strategy, which must include a fraud prevention plan.
The Auditor-General identified the following: a Management did not have approved policies and procedures to guide management at the lowest level to ensure compliance with National Treasury disclosure requirements with regard to the recording and disclosure of various categories of tangible and intangible assets. b The Department did not have the necessary key controls in place to effectively manage performance against predetermined objectives. c The Department did not effectively monitor compliance with laws, regulations and policies.
The Committee recommends that the Accounting Officer ensures that: a There is oversight responsibility over financial reporting and internal control, and appropriate disciplinary measures are taken against individuals who fail to exercise this responsibility. b The Department has the necessary key controls in place to manage performance effectively, against predetermined objectives. c There is ongoing monitoring of compliance with laws, regulations and policies.
The Auditor-General identified the following: a The Department did not have an approved fraud prevention plan. b The internal audit function was not fully operational for the year under review.
The Head of Internal Audit was not appointed.
The Department has a fraud prevention plan that is reviewed on a continuous basis, and appropriate disciplinary measures are taken against individuals who do not adhere to it.
The internal audit function is fully operational throughout the year and assists in maintaining efficient and effective controls. The internal audit function should evaluate the controls on a continuous basis, and develop recommendations for improvement.
The Department appoints the Head of Internal Audit as a matter of urgency.
The Committee notes that there was a performance audit conducted on the Department's use of consultants during the year under review. The Committee will, in due course, consider the findings of the said performance audit.
The Committee further recommends that the Executive Authority submits a progress report on the implementation of the above recommendations to the National Assembly within 60 days after the adoption of this report by the House.
Training and development -To promote, facilitate and provide training and development opportunities to young people to enhance their socio-economic well-being.
Objectives: -To facilitate education opportunities in order to improve access to quality education. -To facilitate and implement technical, entrepreneurship and life skills training programmes. -To provide and facilitate capacity building of youth development practitioners.
To facilitate youth development work as a recognised profession.
Youth Advisory and Information Services -To ensure access for youth to information about various interventions aimed at improving the living condition of young people including information and career guidance service to young people.
National Youth Fund -To establish a mechanism to enable the NYDA to raise funds for purposes of advancing and implementing programmes aimed at improving the livelihoods of the youth.
Governance -To ensure that NYDA operations comply with applicable legislation and regulations governing a schedule 3A institution.
89 089 jobs would be created through various NYDA programmes ranging from business consultancy vouchers, business opportunities support services and mentorship programmes.
The National Youth Development Agency would enrol 8 000 youth to rewrite grade 12 exams through its matric rewrite programme. The organisation would provide 293 900 youth with various skills covering critical areas such as business management, life and job preparedness skills.
The NYDA would provide over 1,6 million youth with group career guidance.
The objective is to provide support to young people. The organisation would ensure that 3 500 young people would be supported with Business Consultancy Vouchers, business opportunities services and mentorship in 2011/12, 11 000 in 2012/13 and 12 100 in 2013/14. NYDA would ensure that 2 500 new companies owned by young people would be registered with CIPRO through business support voucher issuance in 2011/12, 5 500 in 2012/13 and 6 050 in 2013/14. 50 young entrepreneurs would be assisted to access funding and business opportunities through voucher programmes, business support programmes and mentorship in 2011/12, 110 in 2012/13 and 121 in 2013/14. The organisation would ensure that R50 million would be accessed by voucher recipient, Business Opportunities Support Programme and mentorship in 2011/12, R110 million in 2012/13 and R121 million in 2013/14. R100 million for 2011/12 and 2012/13 would be the value of business opportunities sourced for BOSS deals, voucher support and mentorship per year and R121 million would be committed for 2013/14 on the same programme.
The objective is to provide financing support to young entrepreneurs. The organisation would ensure that 6 enterprises are financed for the 2011/12 financial year, 10 enterprises for financial year 2012/13 and 15 enterprises for 2013/14. 300 beneficiaries would be supported through social enterprise financing for the 2011/12 financial year, 500 beneficiaries for 2012/13 and 750 beneficiaries for 2013/14. NYDA will provide R10 million finance to social enterprises for financial year 2011/12, R8 million for 2012/13 and R12 million for 2013/14. The organisation would also provide 9 000 loans to micro enterprises for financial year 2011/12, 38 375 loans for 2012/13 and 55 625 for 2013/14. R16,6 million would be issued to youth owned micro enterprises for financial year 2011/12, R76 million for 2012/13 and R118 million for 201/14. NYDA would provide 40 loans to SMEs for financial year 2011/12, 193 loans for 2012/13 and 212 loans for 2013/14. The organisation would issue R40 million loans to youth owned small and medium enterprises for financial year 2011/12, R96 800 million for 2012/13 and R106 480 million for financial year 2013/14.
The objective is to provide employment opportunities for young people. The organisation will create 2 000 jobs through Business Consultancy Vouchers, business support services and mentorship programmes for financial year 2011/12, 11 000 jobs for financial year 2012/13 and 12 100 jobs for 2013/14. 430 jobs would be created through social enterprises financing for 2011/12, 3 600 jobs for 2012/13 and 5 040 for 2013/14. 280 jobs would be created through SMEs financing for 2011/12, 2 420 jobs for 2012/13 and 2 662 jobs for 2013/14. The organisation would create 9 000 jobs through Micro finance lending in 2011/12, 13 337 jobs in 2012/13 and 17 380 jobs in 2013/14. 1 200 jobs would be facilitated through placements in job opportunities for financial year 2011/12, 3 600 jobs placements in 2012/13 and 5 040 jobs placements in 2013/14.
The objective is to design and implement specific interventions for women, persons with disabilities and youth in rural areas. The NYDA would undertake 16 interventions to ensure that young women, youth with disabilities and in rural areas participated in economic projects for financial year 2011/12, 20 interventions in 2012/13 and 30 interventions in 2013/14. The organisation would also commit R3,6 million for economic participation projects provided to young women, youth with disabilities and youth in rural areas for financial year 2011/12, R2 million for 2012/13 and R3 million for 2013/14.
The objective is to facilitate and implement technical, entrepreneurship and life skills training programmes. 500 youth would be provided with technical skills training in 2011/12, 1 650 in 2012/13 and 2 750 in 2013/14. 10 000 young people would be provided with job preparedness training in 2011/12, 27 000 in 2012/13 and 37 800 in 2013/14. The organisation would provide 2 000 young people with life skills training in 2011/12, 27 000 youth in 2012/13 and 37 800 in 2013/14. NYDA would also enrol 200 youth in Youth Building South Africa projects in 2011/12, 400 youth in 2012/13 and 600 youth in 2013/14. 1NYDA will ensure that 10 000 youth attend entrepreneurship awareness programmes for 2011/12, 2012/13 and 2013/14. 300 youth will attend Buy Youth Campaign training in 2011/12, 400 youth in 2012/13 and 500 youth in 2013/14.
The goal is to ensure access to information by youth about various interventions aimed at improving the living conditions of young people including information and career guidance to young people.
The objective is to provide career guidance services. 2 600 would be provided with individual career guidance information for the financial year 2011/12, 82 800 for 2012/2013 and 115 920 for 2013/14. The estimated number of young people who would be provided with group career guidance information was 397 000 for financial year 2011/12, 540 000 for 2012/13 and 756 000 for 2013/14.
The objective is to provide access to information regarding products and services of the NYDA and referrals to other agencies. The organisation would ensure 500 000 young people received information and referrals from the NYDA access point. For 2011/12, 1 000 000 for 2012/13 and 1 100 000 for 2013/2014. 140 000 interactions with young people would be made through the NYDA call centre for 2011/2012, 155 000 for 2012/2013 and 170 000 for 2013/2014. The NYDA would publish 20 publication beneficiaries stories for 2011/12, 2012/13 and 2013/2014 per year.
The National Youth Development Agency had been allocated R1 218 428 billion for the financial year 2011-14. R425 676 million had been allocated for the financial year 2011/12. The budget would be used for operational costs excluding employee costs, capital expenditure, loans and investment and core programme direct funding intervention. R442 961 million would be used for financial year 2012/13 and R462 405 for financial year 2012/13 on the same programmes.
The Committee observed that the NYDA's budget averaged between R380 and R420 million per year over the next three years and was concerned about how the NYDA intended to meet its increased targets, e.g. KPA 2: economic participation: number of loans in year 1 = 9 000, year 2 = 38 375, value of loans in year 1 = R40 million, year 2 = R96,8 million.
The Committee reiterated its concern regarding the matric rewrite programmes. The Committee queried as to which Provinces were covered with regards to 8 000 matriculants in the rewrite programme. In addition, the NYDA was questioned whether it had a relationship with the Department of Education in terms of the matric rewrite programme.
The Committee was unclear as to what criteria were used to attain the various targets articulated by the NYDA by terms of geographical location within provinces and gender.
Report of the Portfolio Committee on Science and Technology on the Science and Technology Laws Amendment Bill [B 5 - 2011], dated 22 June 2011.
The Portfolio Committee on Science and Technology, having considered the subject of the Science and Technology Laws Amendment Bill [B 5 - 2011] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B5A - 2011].
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The Committee held its thirty-fourth session at United Nations Headquarters in New York from 16 January to 3 February 2006.
Note: all reports are in PDF format.
Implementation of article 21 of the Convention on the Elimination of All Forms of Discrimination against Women.
Reports provided by specialized agencies of the United Nations on the implementation of the Convention in areas falling within the scope of their activities.
Item 6 of the provisional agenda.
Ways and means of expediting the work of the Committee on the Elimination of Discrimination against Women.
Opening statement by Ms.
Report of the Chairperson on activities undertaken between the thirty-third and thirty-fourth sessions of the Committee.
Closing Remarks by Ms.
Closing comments by Ms.
Closing remarks by Ms.
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Die verpleegster sal jou kind se gewig, lengte en kopomtrek neem om vas te stel of hy normaal groei.
Private Bag x 04, Mobeni,0460 www.kznhealth.gov.za/clairwoodhospital.
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The above item is a correction of the announcement on page 2256 of the ATC of Tuesday, 28 June 2011.
The average pattern of weather, called climate, usually remains much the same for centuries if it is left to itself. However, the climate of the earth is not being left alone; people are taking actions that can change the earth and its climate in significant ways. The single human activity that probably has the largest impact on the climate is the burning of fossil fuels, such as coal, oil and gas. These fossil fuels contain carbon and burning them produces carbon dioxide gas. Since the early 1800s, when people began burning large amounts of coal and oil, the amount of carbon dioxide in the earth's atmosphere has increased by nearly 30% and average global temperature appears to have risen, causing climate change. Carbon dioxide gas traps solar heat in the atmosphere, fundamentally in the same way as glass traps solar heat in a sun-room or a greenhouse. Consequently, carbon dioxide is called a greenhouse gas and as more carbon dioxide is added to the atmosphere, it traps solar heat, preventing its escape from the earth's surface leading to the warming of the climate and hence inducing the rise in the average temperature of the atmosphere.
Indeed, rising levels of greenhouse gases are already changing the climate and are expected to continue to do so throughout the 21st century and beyond.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 84â2011 environment through increases in temperature, increases in sea levels, changes in levels and patterns of precipitation, changes in the severity and frequency of extreme climatic events and so on. Although, it must be hastily added, there are uncertainties about the scale and impact of climate change, particularly at the regional and lower levels. Climate change could shift climatic zones pole-ward; vertically disrupting ecosystems and threatening the survival of some species. Human society will also face new risks and pressures due to climate-related threats to food security and the availability of water resources. As a result, human societies will need to mitigate the negative consequences of the changing climate and also adapt to future climatic regimes.
Africa.
South Africa, especially in terms of the efforts needed to arrest it, by reducing carbon emissions and adapting to its impacts. Tackling climate change has far-reaching implications for economic and social development, for production and consumption patterns, and thus for employment and income levels and poverty reduction. South Africa is not only a victim to the impacts of climate change, but it is also a major contributor to the process, owing to its high emissions profile: it is the 13th major greenhouse gas emitter globally and ranks 10th in terms of per capita emissions globally.
Change (UNFCCC) in 1993 and subsequently ratified it in 1997.
Response White Paper have been initiated to enable the country to effectively observe the Convention.
Hon Adv.
1 Asamoah et al. (2000).
2 Kim (2003); Davidson et al.
Dr Scotney Watts, Content Support.
Hon Dr. S. Kalyan, MP, from the NA and DA, joined the delegation, but represented the Pan African Parliament at the COP16 meeting.
Hereafter follows the report of the delegation.
The United Nations Framework Convention on Climate Change (UNFCCC or FCCC) is a multilateral environmental treaty produced by the United Nations Conference on Environment and Development (UNCED), popularly known as the Earth Summit, held in Rio de Janeiro, Brazil, in June 1992. The objective of the Convention is to stabilise greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the earth's climate system. The Convention itself sets no mandatory limits on greenhouse gas emissions for individual countries and contains no enforcement mechanisms. In that sense, the Convention is considered legally non-binding. Instead, the Convention provides for updates, commonly called protocols, that would set mandatory emission limits. In this regard, the principal update is the Kyoto Protocol, which has become much better known than the UNFCCC itself.
The UNFCCC was opened for signature, after an Intergovernmental Negotiating Committee produced the text of the Framework Convention as a report, following its meeting in New York in April/May 1992. The Convention entered into force on 21st March 1994, and comprised 194 Parties in December 2010. One of the first strategic tasks of the Convention was to establish national greenhouse gas inventories of greenhouse gas emissions, which were used to create the 1990 benchmark levels for accession of Annex 1 countries to the Kyoto Protocol and for the commitment of those countries to greenhouse gas reductions. Updated inventories must be regularly submitted by Annex 1 countries.
South Africa acceded to the Kyoto Protocol, in June 2001, although it is not an Annex 1 country, meaning that it is not legally required to commit to emission reduction targets under the Kyoto Protocol. South Africa's stated intention to mitigate climate change derives from its unique position in the climate change regime. For example, South Africa is Africa's greatest emitter of greenhouse gases, despite the fact that emissions from the African Continent are low and expected to remain so for the immediate future.3 3 Asamoah (2000).
It is important to note that the UNFCCC is also the name of the United Nations Secretariat responsible for supporting the operation of the Convention, with its offices in Bonn, Germany. The Secretariat, augmented through the parallel efforts of the Intergovernmental Panel on Climate Change (IPCC), aims to gain international consensus around Climate Change matters through meetings and the discussion of various strategies.
The UNFCCC established the Conference of the Parties (COP), as its supreme body, with the responsibility of overseeing progress towards the aim of the Convention. The membership of COP consists of countries that have signed, ratified or acceded to the Convention. The Parties to the Convention have met annually from 1995 in Conferences of the Parties (COP) to assess progress in dealing with climate change.
The first session of the Conference of the Parties (COP1) was held in Berlin, Germany, in March/April 1995, where it was decided that post-2000 commitments would only be set for Annex 1 Parties.
The second session of the Conference of the Parties (COP2) was held in Geneva, in July 1996, where heads of delegations instructed negotiators to accelerate negotiations on the text of a legally-binding protocol or another legal instrument, to be completed in due time, for adoption at the third session of the Conference of the Parties. This was the conceptualization of the Kyoto Protocol.
This instruction, made at COP2, led at the COP meeting in Kyoto, Japan, in 1997, to a legally-binding set of obligations for 38 industrialised countries and 11 countries in Central and Eastern Europe, with the aim of returning their emissions of greenhouse gases to an average of approximately 5.2 percent below their 1990 levels over the commitment period 2008-2012. This is called the Kyoto Protocol to the Convention, which was concluded in 1997.
COP4 was held in Buenos Aires, Argentina, in November 1998, where the status of ratification of the Convention and the Kyoto Protocol were assessed. The COP meeting took note that, as of November 1998, 174 States and one regional economic organisation were Parties to the Convention. It also took note that 59 States had signed the Kyoto Protocol and that two States had deposited its instrument of ratification of the Kyoto Protocol. At its 8th plenary meeting, on the 14th November, the Conference of the Parties was informed that the United States of America had signed the Kyoto Protocol.
COP5 took place in October/November 1999, in Bonn, Germany. It was primarily a technical meeting, and did not reach any major conclusions.
4 Lee (2004).
COP6 took place in November 2000, in The Hague, Netherlands. The discussions evolved rapidly into a high-level negotiation over major political issues. These included: the major controversy over the United States' proposal to allow credit for carbon sinks in forests and agricultural lands, satisfying a major portion of the United States emissions reductions in this way; disagreements over consequences for non-compliance by countries that did not meet their emission reduction targets; and difficulties in resolving how developing countries could obtain financial assistance to deal with adverse effects of climate change and meet their obligations to plan for measuring and possibly reducing greenhouse gas emissions. In the final hours of COP6, despite some compromises agreed between the United States and some European Union (EU) countries, notably the United Kingdom, the EU countries as a whole, led by Denmark and Germany, rejected the compromise positions, and the talks in The Hague collapsed. The President of COP6, suspended COP6 without agreement, with the expectation that negotiations would later resume.
COP6 negotiations resumed in July 2001, in Bonn, Germany, with little progress having been made in resolving the differences that had produced the previous impasse in The Hague. However, this meeting took place after President Bush had become the President of the United States and had rejected the Kyoto Protocol, in March 2001. As a result, the United States' delegation to this meeting declined to participate in the negotiations related to the Protocol and chose to take the role of observer at the meeting. As the other parties negotiated the key issues, agreement was reached on most of the major political issues. The agreements included: the "flexibility" mechanisms which the United States had strongly favoured when the Protocol was initially put together, including emissions trading; Joint Implementation (JI); and the Clean Development Mechanisms (CDM), which allow industrialised countries to fund emission reduction activities in developing countries as an alternative to domestic emission reductions. One of the key elements of this agreement was that there would be no quantitative limit on the credit a country could claim from use of these mechanisms provided domestic action constituted a significant element of the efforts of each Annex B country to meet their targets. Similarly, it was agreed that credit would be granted for broad activities that absorb carbon from the atmosphere or store it, including forest and cropland management, and re-vegetation, with no overall cap on the amount of credit that a country could claim for sinks activities. Meanwhile, final action on compliance procedures and mechanisms that would address noncompliance with Protocol provisions was deferred to COP 7, but included broad outlines of consequences for failing to meet emission targets that would include a requirement to "make up" shortfalls at 1.3 tons to 1, suspension of the right to sell credits for surplus emission reductions, and a required compliance action plan for those not meeting their targets. Furthermore, there was agreement on the establishment of three new funds to provide assistance for needs associated with climate change: a fund for climate change that supports a series of climate measures; a leastdeveloped-country fund to support National Adaptation Programmes of Action; and a Kyoto Protocol adaptation fund supported by a CDM levy and voluntary contributions.
A number of operational details attendant upon these decisions remained to be negotiated and agreed upon, and these were the major issues considered by the COP7 meeting. At the COP7 meeting, in Marrakech, Morocco, in October/November 2001, negotiators set the stage for nations to ratify the Kyoto Protocol. The completed package of decisions is known as the Marrakech Accords. The United States delegation maintained its observer role, declining to participate actively in the negotiations. Other parties continued working toward achieving ratification of the Kyoto Protocol by the requisite number of countries to bring it into force (55 countries needed to ratify it, including those accounting for 55% of developed-country emissions of carbon dioxide in 1990). The date of the World Summit on Sustainable Development that was to be held in Johannesburg, South Africa, in August/September 2002, was put forward as a target to bring the Kyoto Protocol into force. The main decisions at COP7 included: operational rules for international emissions trading among the Kyoto Protocol Parties and for the CDM and joint implementation; a compliance regime that outlined consequences for failure to meet emission targets, but deferred to the parties to the Protocol, once it came into force, the decision on whether those consequences would be legally binding; and accounting procedures for the flexibility mechanisms.
COP8 took place in October/November 2002, and resulted in the adoption of the Delhi Ministerial Declaration that called for efforts by developed countries to transfer technology and minimise the impact of climate change on developing countries.
COP9 met in Milan, Italy, in December 2003, where the Parties agreed to use the Adaptation Fund established at COP7, primarily to support developing countries to better adapt to climate change. The fund would also be used for capacity-building through technology transfers. The parties also agreed to review the first national reports submitted by 110 non-Annex 1 countries.
COP10 convened in Buenos Aires, Argentina, in December 2004. COP10 discussed the progress made since the first Conference of the Parties, 10 years ago and its future challenges, with special emphasis on climate change mitigation and adaptation. To promote developing countries to better adapt to climate change, the Buenos Aires Action Plan was adopted. The Parties also began discussing the post-Kyoto mechanism, on how to allocate emission reduction obligations following 2012, when the first commitment period ends.
COP11 took place in November/December 2005, in Montreal, Canada. It is worth noting that this was the first Meeting of the Parties (MOP1) to the Kyoto Protocol since their initial meeting in Kyoto, Japan, in 1997. The Montreal Action Plan that extended the life of the Kyoto Protocol beyond its 2012 expiration date was agreed upon at the end of the Conference. Canada's Environment Minister at the time noted that the agreement provided a roadmap for the future.
COP12/MOP2 took place in Nairobi, Kenya, in November 2006. There seemed to be a disconnection between the political process and the scientific imperative during the COP12 negotiations. However, certain strides were made at COP12, in the areas of support for developing countries and the Clean Development Mechanisms. The Parties adopted a five-year plan of work to support climate change adaptation by developing countries, and agreed on the procedures and modalities for the Adaptation Fund. They also agreed to improve the projects for CDM.
COP13/MOP3 met in December 2007, in Bali, Indonesia, where an agreement on a timeline and structured negotiation on the post-2012 framework, which is the end of the first commitment period of the Kyoto Protocol, was achieved, with the adoption of the Bali Action Plan. The Ad Hoc Working Group on Long-term Cooperative Action under the Convention (AWG-LCA) was established, as a new subsidiary body, to conduct the negotiations aimed at urgently enhancing the implementation of the Convention up to and beyond 2012.
COP14/MOP4 took place in December 2008, in PoznaÅ, Poland. Delegates agreed on principles for the financing of a fund to help the poorest nations cope with the effects of climate change and they approved a mechanism to incorporate forest protection into the efforts of the international community to combat climate change.
COP15/MOP5 took place in December 2009, in Copenhagen, Denmark. The overall goal of the COP15/MOP5 was to establish an ambitious global climate agreement for the period post 2012 (when the first commitment period under the Kyoto Protocol expires). However, on 14th November 2009, the New York Times reported that the President of the United States and other world leaders had decided to put off the difficult task of reaching a climate change agreement, agreeing instead to make it the mission of the Copenhagen Conference to reach a less specific politically binding agreement that would put the most difficult climate change issues on ice for possible consideration in the future. Ministers and officials from 192 countries and participants from a large number of civil society organisations took part in the Copenhagen meeting. It became evident that many Annex 1 industrialised countries were reluctant to fulfil their commitments under the Kyoto Protocol, causing the ongoing uncertainty about the future of the Protocol. The conference did not achieve a binding agreement for longterm action. A political accord, the Copenhagen Accord, was negotiated by approximately 25 parties, including South Africa, but it was only noted by COP15, as it was considered an external document, not negotiated within the UNFCCC process.
The Copenhagen Accord was notable in that it referred to a collective commitment by developed countries for new and additional resources and investments through international institutions that would approach USD30 billion for the period 2010 - 2012. Longer-term options on climate financing mentioned in the Accord were being discussed within the UN Secretary General's High Level Advisory Group on Climate Financing that was scheduled to report in November 2010. The negotiations on extending the Kyoto Protocol remained unresolved, as did the negotiations on a framework for long-term cooperative action. The working groups on these tracks to the negotiations were expected to report to COP16/MOP6. It suffices to state that COP15 was the first Conference of the Parties meeting attended by a South African parliamentary delegation.
Four preparatory rounds of negotiations, that is, sessions of the AWG-KP and the AWG-LCA, were held during 2010, in preparation of the COP16 meeting. The first three of these were held in Bonn, Germany. The Bonn talks ended in failure. The fourth round of talks that was held in the Chinese port city of Tianjin, made minimal progress and was marked by a clash between the United States and China. COP16/MOP6 was held in Cancun, Mexico, in November/December 2010. Furthermore, the two permanent subsidiary bodies of the UNFCCC, the Subsidiary Body for Scientific and Technological Advice (SBSTA) and the Subsidiary Body for Implementation (SBI) held their 33rd sessions on this occasion. COP15 had extended the mandates of the two temporary subsidiary bodies, the Ad Hoc Working Group on Further Commitments for Annex 1 Parties under the Kyoto Protocol (AWG-KP) and the Ad Hoc Working Group on Long-term Cooperative Action under the Convention (AWG-LCA). Consequently, they met in Cancun, Mexico, as well.
Although the South African parliamentary delegation attended COP16 as Parties, they were not directly involved in the negotiation process, but rather played a supporting and facilitating role for the South African Government's negotiators. The parliamentary delegation was regularly updated on the status of the negotiations by our negotiators, who provided useful insights in the negotiation process. The parliamentary delegation also attended certain crucial meetings besides the Cancun Climate Summit, for example, a part of the delegation attended the Globe Climate Change Legislators Forum (the GLOBE Mexico Forum). The Forum, organised jointly by GLOBE International and GLOBE Mexico, was hosted in the Senate of Mexico, in Mexico City, from the 3rd - 5th December 2010. The Forum provided a political platform at the midway point of COP16 and ahead of the arrival of the ministers to agree to a political message from parliamentarians to be delivered to COP16, especially on recognition of national legislation within a future climate agreement. The Forum also built on the outcomes of the China Globe Legislators Forum hosted earlier that year in Tianjin. The Inter-parliamentary Union (IPU) Conference on the role of parliamentarians in climate change was also attended by a part of the South African parliamentary delegation, on 6th December 2010, in Cancun, Mexico. It was evident from the IPU Conference discussions that MPs have a critical role to play in averting climate change.
The South African Parliamentary delegation also met with their European Union (EU) counterparts to share experiences and exchange views on climate change interventions undertaken in South Africa and the EU, respectively. The role of EU MPs in engaging the EU Member States to implement deeper emission cuts was duly noted by the South African MPs and highlighted the need for South African parliamentarians to play an active role in the fight against climate change. The Chairperson of the Portfolio Committee on Water and Environmental Affairs, also met with the representatives of the International Institute for Environment and Development (IIED) at the Cancun Climate Summit. The IIED team promised to provide relevant information, especially data, to help South African MPs to formulate evidence-based policy and legislation on issues relating to climate change.
The outcome of the COP 16 summit was an agreement, albeit not a binding treaty. Find annexed hereto a copy of the agreement. We raise but a few issues from the agreement which are noteworthy. The agreement includes an agreement to limit global warming to less than 2°C above pre-industrial levels and a call on developed countries to reduce their greenhouse gas emissions as pledged in the Copenhagen Accord, and for developing countries to plan to reduce their emissions. The agreement includes a "Green Climate Fund," proposed to be worth $100 billion a year, by 2020, to assist poorer countries in financing emission reductions and adaptation. However, there was no agreement on how the $100 billion a year for the Green Climate Fund would be raised. The Agreement also set up an adaptation committee to help developing countries cope with the floods and droughts that climate change could cause. In the same vein, the Agreement requires nations to consider "a climate risk insurance facility" to help developing countries cope with extreme weather impacts. The Cancun Agreement promotes the sharing of green technology between rich industrialised countries and developing countries. It agreed on paying developing countries not to chop down trees. The new scheme Reducing Emissions from Deforestation and Degradation (REDD) protects the rights of indigenous peoples and promotes biodiversity. It also leaves the door open for big business to get involved in protecting trees through the carbon offsetting market.
The document appeared to have made significant progress from COP15 in Copenhagen in December 2009, although there is much work still to be done. The achievement of Cancun is the consensus on the establishment of the Green Climate Fund, a financing system for poorer countries to tap in order to decrease their use of pollution intensive energy sources, and adapt and respond to climate change related natural hardships. Another positive initiative to note is the establishment of a Technology Executive Committee, a group that will oversee the process of transferring clean energy technologies to developing nations.
Of concern to some countries, was the deferral of decisions on the legal form of a future climate agreement and level of emission reductions required, thereby making the Agreement imprecise on critical issues. As was widely expected, firstly, the agreement includes no legally-binding treaty, nor does it set any firm deadline for achieving one. Focus on such deadlines was moved to the next summit, COP17 in Durban, South Africa. Secondly, there was no agreement on whether developing countries should have binding emission reductions, or whether developed countries would have to reduce emissions first. Similarly, there was no agreement on the extension of the Kyoto Protocol. However, in the Cancun negotiations and the subsequent agreement, although no agreement was reached, many developed nations indicated that they would consider extending the Kyoto Protocol, but only as part of a wider agreement that commits all countries to making emission cuts. Similarly, developing countries would reduce their emissions as part of a global deal, with developed countries having to report on emission cuts against international standards. Developing nations would also have to report on emission cuts against international standards, but only after funding has been delivered to help build the appropriate mechanisms, from the $100 million per annum that developed countries should pay to developing countries, by 2020, to adapt to climate change and develop green technology. Ironically, many commentators remarked that the "Cancun Agreement" locks in emission reductions targets for 80% of global emissions, notably including China and the US, emphasising that this is the first time that the US together with China and all other major emitters anchored their national pollution targets in a formal UN agreement.
The Parliamentary delegation to the Cancun Climate Change Conference was concerned about the manner in which the travel and logistical arrangements were done. Delegates mandated the Chairperson of the Portfolio Committee on Water and Environmental Affairs to engage the presiding officers to avoid any similar recurrence.
The Parliamentary delegation thanks Ms Tyhileka Madubela, for her administrative and logistical support and Dr Scotney Watts for his content support, on this trip.
Against this background, the delegation supports the following recommendations. Firstly, we recommend the consideration of the formation of the South African Chapter of GLOBE International. Secondly, we recommend consideration of the adoption of two proposals being promoted by GLOBE International. The third recommendation deals with the formation of a Parliamentary Co-ordinating Forum on Climate Change. The fourth recommendation deals with the proposed role of our Parliament in the lead up to the COP17 meeting.
We recommend that Parliament should favourably consider the formation of a Chapter of GLOBE International in the South African Parliament. We do so for the following reasons.
GLOBE International events take place in the context that legislators need to work together outside of formal international, climate change, negotiation processes, around issues of climate change, with the further goal of increasing the ability of the environmental sector to attract greater political attention internationally. It is acknowledged that legislators can push the boundaries of what can be achieved politically, as well as develop new ideas without the constraints of formal Government negotiation positions. For example, they have the important role of drafting and passing domestic climate change legislation; and secondly, legislators have the responsibility to hold governments accountable on the environmental commitments they make at the domestic and international levels. The critical role of MPs underpins the work of the GLOBE International, with senior legislators from the major economies, being in the forefront of the drive to strengthen legislative action on climate change by developing a set of legislative principles and supporting GLOBE International members in advancing such principles in their national parliaments. It is precisely the supporting role that GLOBE International provides to its members on environmental matters (especially climate change) that Parliament should consider in choosing to form a GLOBE International Chapter in Parliament. The crosscutting nature of the impacts of climate change requires legislators to include climate change awareness and mitigation and adaptation techniques in their constituency work. GLOBE International provides a unique opportunity for doing this. Furthermore, the proposed hosting of the GLOBE Climate Change Legislators Forum, by South Africa, in the South African Parliament, during COP17, also provides an excellent context for the South African Parliament, within which to decide on the membership of GLOBE International.
Some background information may assist Parliament in making it's decision. The Global Legislators Organisation for a Balanced Environment (GLOBE) International was founded in 1989 by legislators from the United States Congress, European Parliament, Japanese Diet and the Russian State Duma, with the mission to respond to urgent environmental challenges, by coordinating national policy measures and through advancement of complimentary legislation. It was as early as 1992 that GLOBE International urged industrialised countries to take the lead in reducing carbon dioxide emissions through the introduction of fiscal instruments for the encouragement of energy efficiency. Since 2005, GLOBE International has brought together hundreds of legislators from the G8+15 countries (G8 countries refer to the major industrialised countries of Canada, France, Germany, Italy, Japan, Russia, the United Kingdom and the United States of America, whereas the +5 countries denote the major developing countries of Brazil, China, India, Mexico and South Africa), which form the bulk of the membership of GLOBE International gatherings.
Members of Parliament from the South African Parliament have been attending conferences hosted by GLOBE International, since October 2009. It was on this occasion, in the Danish Parliament (the Folketing), where South Africa showed a strong presence, and the Speaker of the National Assembly, Hon Mr Max Sisulu, MP, gave a keynote address at the GLOBE Climate Change Legislators Forum. Since then the South African Parliament has attended various other conferences hosted by GLOBE International.
At the Mexico GLOBE Forum, GLOBE International and GLOBE Mexico, during the Cancun Climate Change gathering, presented global legislators with Draft Accountability Principles on Climate Change, which recognises the critical role that MPs could play in respect of matters relating to climate change. A copy is attached.
We recommend that Parliament consider the adoption of these principles to guide our Parliament's future activities on Climate Change.
As stated, members of the South African Parliament have attended COP15 and COP16, as members of the South African Government delegation, but were not part of the negotiating team, probably correctly so. This is so as members of Parliament do not have any formal status at COP meetings. This means that members of Parliament who are not invited to be part of their Government's delegation, as non-negotiators, do not attend COP meetings, unless they are part of a delegation of an NGO or a Civil Society organisation.
In summary, delegations of government and delegations from accredited civil society organisations are granted membership status at COP meetings, but members of Parliament have no official or membership status at COP meetings. This seems incongruous. GLOBE International is promoting a resolution to provide members of Parliament with an official and specific non-negotiation status at COP meetings. A copy is attached hereto.
We recommend that Parliament consider supporting this resolution.
We recommend that Parliament agrees to establish a Parliamentary Coordinating Forum on Climate Change, which will consist of Chairpersons of the relevant Portfolio and Select Committees of Parliament and a few members of political parties in the appropriate ratio, with the function to coordinate and manage Climate Change activities of the relevant committees in Parliament. We elaborate on this recommendation as follows.
The parliamentary delegation to COP16 sees an urgent need to establish a Parliamentary Coordinating Forum on Climate Change, with a coordinating and management function of all cross-cutting climate change related activities in Parliament. This coordinating forum should derive its membership from the chairpersons of the parliamentary portfolio and select committees that oversee the work of Government departments whose activities include the management of climate change or involve activities that affect the climate and a few relevant members appointed from political parties. This Coordinating Forum should meet regularly to assess the cross-cutting climate change issues that parliamentary committees deal with and compile reports in this regard to objectively assess the entire work of Parliament on climate change. Furthermore, the coordinating forum should also serve as a pivotal forum that will interact with the Interim Ministerial Committee (IMC) on Climate Change, which is the focal point processing and dealing with Climate Change issues at the executive level. In other words, Parliament should establish a Parliamentary coordinating forum, as opposed to a Parliamentary committee, which only has the power to coordinate and manage Climate Change issues in Parliament, without the usual executing powers of a Portfolio or Select Committee. This Coordinating Forum can be established in the Joint Rules of Parliament or by way of a Joint Resolution.
Our Parliament should proactively facilitate the mandates of the Departments of Water and Environmental Affairs and other Government departments whose activities may involve climate change management, to ensure that COP17 leads to a legally-binding climate treaty. This is possible, considering the resurgence of optimism in climate change negotiations, after the Mexico Climate Change Summit, in December 2010 (COP16).
Engage on how the South African Presidency of COP17 aims to rise to the challenge of meeting the expectations about the success of the Durban Climate Change Summit in December 2011. Parliament should support and facilitate the South African Presidency of COP17 to avoid shortcomings of past COP's and, in whatever manner possible, pursue a transparent and inclusive negotiation process.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 84â2011 of the decisions and hence the sense of ownership of the outcome of the negotiations.
Parliament must lobby and mobilise for a convincing display by Africa on its commitments in relation to the efforts to address and implement programmes that are aimed at combating climate change. Institutions such as SADC-PF, PAP, and African Parliament Union, IPU may be used for such initiatives.
Parliament must lobby and mobilise for expanded participation of stakeholders within each African country especially the involvement of civil societies during preparations for COP 17. ALL stakeholders have to be mobilised as part of ensuring adequate human resources for promoting a common position for COP 17.
Assess the country's preparations in greening the COP17 event, building on the progress made (for example, in terms of energy efficiency) in the hosting of 2010 FIFA World Cup in South Africa. As a host country, South Africa must showcase its best in terms of climate change mitigation and adaptation. Parliament could, for example, consider using Parliament as a national forum to display and promote flagship renewable energy projects. In fact, the country received international tribute for hosting the Green Economy Summit that drew participants from the United Nations and other international development agencies in May 2010.
Consider embarking on all or some of the activities listed in the attached Annexure.
Asamoah, J. (2000) Darling Demonstrates the Power of Wind. African Energy. 2 (4), 32-35. Cited in Doppegieter, J. J., J. du Toit, and E. Theron. (2000) Energy Futures 2000/2001. Cape Town: Institute for Future Research, University of Stellenbosch.
Khor, M. (2010) Cancun meeting used WTO-type methods to reach outcome. SUNS No 7062, 16th December 2010.
Lee, M., (2004) CDM Information and Guidebook. UNEP RisÃ¸ Centre on Energy, Climate and Sustainable Development RisÃ¸ National Laboratory Roskilde, Denmark.
<fn>GOV-ZA.3503821En.2012-02-10.en.txt</fn>
Members of the Extended Public Committee met in Committee Room E249 at 16:30.
The MINISTER OF PUBLIC WORKS: Hon House Chairperson; hon Deputy Minister of Public Works, Ms Hendrietta Bogopane-Zulu; hon members of the Portfolio Committee on Public Works, the Acting Director-General of the department, Mr Sam Vukela, and all senior officials of the Department of Public Works; representatives of our public entities; members of the media; distinguished guests; ladies and gentlemen; the struggle continues.
As we forge ahead towards the centenary of the ANC in 2012, reflections on the long road traveled occupy our daily thoughts. It is unavoidable that reflections give way to recriminations, lessons learned and the long road still ahead in achieving a better life for all.
In my Budget Vote speech last year I shared with this House my thoughts on reviewing, reshaping and rejuvenating the Department of Public Works, to raise the bar in our efforts to deliver efficient services and to perform and deliver property development and management services that measure up to industry standards.
I also spoke of undertaking a turnaround strategy within the department with the intention of optimising performance and efficiency on all levels so that we may reclaim the department's mandate. For our part as the Department of Public Works we have insulated these strategic imperatives as anchors to our turnaround strategy. This strategy aims to improve functional efficiencies, inject new performance energy, improve optimal service delivery and enhance organisational excellence.
We are committed to align our budget and programmes to specifically contribute to the following government outcomes: create decent employment through inclusive economic growth; ensure efficient and effective development-oriented public service and an empowered and inclusive citizenship; establish sustainable human settlements; and ensure an improved quality of household life.
In pursuit of the aforementioned outcomes, the department welcomes the allocation of R6,4 billion for the financial year 2010-11. In line with our new ethos to raise the bar in service delivery and client relationship, the department has just handed over the pristine Civitas Building in central Pretoria to the Department of Health, ensuring that they have an integrated head office accommodation out of which they will drive policies to improve health services in the country.
The Civitas project marks our first groundbreaking Grade A model in the provision of world-class government accommodation and is indicative of our ambition to rejuvenate our competitiveness in the property management industry.
In October 2009 the department handed over the completed Phase One of the renovated Waterkloof Air Force Base to the Department of Defence for utilisation. Phase Two, encompassing the upgrade of taxiways and storm water drainage, is due for completion in May 2010.
The secondary runway and electrical infrastructure are currently under way, leading to full project completion in 2012. This project is a strategic imperative to complement our international commitment to a better Africa and a better world. This year we aim to complete the building of the new generation prison in Kimberley, and work has begun with the construction of the correctional facility in Tzaneen.
The department plays a pivotal role in contributing to the inclusive and shared growth path of the developmental state. In this regard, the allocated R1,3 billion capital budget will be channelled towards capital infrastructure projects for this current year undertaken by the department. The augmented R612 million allocated to the Property Management Trading Entity, PMTE, will be committed to maintenance and refurbishment of government buildings.
In utilising these funds, the department gives effect to accelerating inclusive and shared economic growth by continuing to roll out a state-led infrastructure investment programme and promoting strategic investments in productive activities.
Inherent in our capital programme will be the accelerated drive to improve access to all state buildings for persons with disabilities. This will align with the department's draft policy framework for persons with disabilities, which aim to promote employment equity, social inclusion and economic empowerment in line with the ethos of a caring nation.
House Chairperson, the Expanded Public Works Programme continues to be a strategic intervention to alleviate poverty and unemployment through the creation of labour-intensive work opportunities. In year one of Phase 2, the EPWP has created 604 000 work opportunities. The target for this current year is set at 642 000 work opportunities.
We intend achieving these targets through labour-intensive projects and increased labour intensity of existing projects and programmes. Participating in the Expanded Public Works Programme is not only about number crunching, but remains essentially a commitment to promote a human rights-oriented public service delivery culture characterised, amongst others, by caring for the elderly and sick, educating pre-school children, rehabilitating and cleaning up our environment as well as upgrading and maintaining crucial infrastructure such as roads, bridges, water and sanitation through the labour-intensive or labour-absorbing service delivery models mentioned earlier.
The recent handing over of the pilot project of three bridges in the local municipalities of Intsika Yethu, Port St Johns and Umzimvubu in the Eastern Cape, which were constructed as a result of the Department of Public Works funding the project and utilising the specific bridge-making expertise of the Department of Defence and Military Veterans, is indicative of a responsive government.
School children and the elderly can now safely cross rivers to get to schools and clinics without risk to life and limb, especially when rivers are flooded. [Applause.] The department will strive to ensure best use of the existing assets and to balance the ownership and lease portfolio.
Furthermore, by 2013, 90% of state land will be vested in accordance with the National Vesting Plan and developed in consultation with the provincial governments and the Department of Rural Development and Land Reform and. Furthermore a task team, chaired by myself, which includes Ministers Nkwinti and Gordhan, the Auditor-General and the Accountant-General, has as its key focus the management of state property.
We will be reconvening shortly to consider the technical report from the team headed by the Accountant-General. The plan to establish the amnesty call campaign is quite advanced. And the launch of the initiative in this financial year will further encourage those in illegal possession or occupation of state assets to surrender them without having to face prosecution.
Our Black Economic Empowerment Property Management proposition and the Property Charter ensure that we promote real economic transformation in the property sector in order to enable meaningful participation of black people, especially women and the youth. We will continue, as part of our growth path, to ensure that BEE companies are empowered through the department's procurement processes.
Going forward, we will be monitoring this very closely to evaluate the impact of market concentration and market abuse. An intervention is currently under way which will include, among others, the interaction with stakeholders in the property sector. There is huge potential for improvements in this regard.
Hon Chairperson, on the matters raised by the Auditor-General in his last report, I am pleased to announce that the process of cleaning up the Property Management Trading Entity is at an advanced stage, including financial systems integration, risk management and a substantial reduction in the debtors' book.
The department is also finalising the business case on the establishment of the Property Management Trading Entity as a strategic measure to improve management of its asset portfolio and enhance the value chain. It is envisaged that the PMTE will offer a professional, seamless and integrated functionality, thus restoring value for money, improving operational efficiencies, offering quality service delivery and achieving client satisfaction.
The lack of timely payment by government to small, medium and micro enterprises has been raised. This has to stop! The launch of the Re Ya Patala, "We Pay", initiative by the department in 2009 has committed us to ensuring that there is strict adherence to the 30-days payment policy as provided for in the Public Finance Management Act for services rendered. I did not hear that. [Applause.] As such we will continue to monitor that this 30 days payment practice is kept.
On the land ports of entry and our African agenda, the Department has been instrumental in delivering infrastructure projects under the aegis of the Border Control Operating and Co-ordinating Committee known as BCOCC.
Ahead of the Fifa Soccer World Cup tournament, the department initiated redevelopment projects at four land ports of entry bordering Mozambique, Swaziland, Namibia and Botswana to address the envisaged increase in movement of people and goods passing through these various ports of entry during the 2010 event and beyond, especially facilitating commerce, encouraging cross-border people mobility whilst restricting movement of illicit goods and people. Most of these are nearing completion.
Also completed are a number of infrastructure initiatives on the continent, including the construction of the O R Tambo memorial complex at Kawaweta in Uganda. Described as one of the most remarkable projects ever to be developed by Public Works, the Kawaweta project was recently officially opened by the both presidents: the President of Uganda and the President of the Republic of South Africa.
House Chairperson, public works is an area of concurrent legislative authority listed in schedule 4 of the Constitution. Both the provincial and national legislatures have legislative competence in relation to the matters listed in this schedule. This concurrence often leads to some confusion in practical terms and requires a closer study of other constitutional provisions regarding which sphere of government will prevail over another and in what circumstances such prevalence is permissible.
Achieving these strategic imperatives demands that the department attracts and retains relevant skills. Equally, it requires that the department is properly structured and has proper systems, processes and policies. As part of our turnaround plan, we will ensure that critical skills are concentrated in the core business of the department to bring about an agile, responsive and result-driven organisation supported by prudent systems and information technology. While we have registered strides on the financial management front through improved internal controls and accountability, we will continue to ensure that the state resources are utilised in an efficient way.
As part of promoting accountability and integrity management, the department has commissioned the services of the Special Investigating Unit. This follows consistent allegations of continued financial mismanagement, deliberate inefficiencies, escalation of costs, noncompliance with proper supply chain management processes lack of integrity around procurement processes and wasteful and fruitless expenditure within the department. I would like to reiterate that any form of graft or dishonesty will not be tolerated, not on my watch. [Applause.
Optimal excellence and quality service delivery demand that our public entities share the same vision of the department and are responsive to the developmental agenda. Hence we continue to sharpen the focus of the Construction Industry Development Board, CIDB; the Council for the Built Environment, CBE; Agrimor South Africa; and the Independent Development Trust, IDT. The IDT, as the development agency within the Public Works family, will continue to pursue its development model of social infrastructure delivery, which uniquely balances outputs with development outcomes. Not only is 85% of the IDT's work located in rural South Africa, but the IDT will also advance the comprehensive rural development strategy, built on the pilot project that they concluded on behalf of the Department of Rural Development and Land Reform recently in the 2009-10 financial year. We congratulate them for a job well done.
Emerging contractors have raised their concerns and suggestions on some of the registration regulations. In this regard a review of some of the regulations is under way. The review will ensure that emerging contractors progressively benefit meaningfully from the construction industry. In particular, the CIDB will, with immediate effect, pursue the developmental objectives, including the national contractor development programme, construction site health and safety, and enhancing infrastructure delivery skills. These will be key performance improvement priorities. In addition, the CIDB plans, by the end of the year, to develop financing models based on the implementation of various banks' memorandum of understanding. These are exciting initiatives by the CIDB, and these are two of the initiatives planned to begin addressing the challenges of emerging contractors.
The CBE and the professional councils have increased the number of university programmes accredited by the professions. The CBE, the six councils and the sector stakeholders have an important role to play in enabling the human resource development strategy in the built environment and professions in achieving the outcomes of the national human development strategy.
Agrimor SA continues to fulfil an important role by facilitating the introduction, application and use of innovative and nonstandard construction products. It is important for us to finalise an organisational model that will best enable Agrimor SA to significantly increase its delivery capability over the next budget cycle.
On the legislative front the Expropriation Bill will be tabled next year. It is currently receiving attention in our department and is co-ordinated with the Department of Rural Development and Land Reform. The joint technical teams are at work, and both Ministers will be receiving the report soon. As a department we are of the view that this legislation is imperative for the real economic transformation in our country. More importantly, as we move towards the centenary of the Natives Land Act, Act 27 of 1913, the review of the State Land Disposal Act, Act 48 of 1961, is currently receiving urgent attention. Equally the review of the department's White Paper is in the pipeline.
As I conclude, I would like to reiterate that we will continue to ensure that our core mandate supports the principles and ethos of a developmental state. As part of reclaiming our mandate we will have to revisit resolutions that devolved the capital budgets to line departments. We will be engaging with Parliament and Cabinet on this matter to ensure that proper consultations are done as we seek to improve instruments of efficiency and service delivery.
The department will continue to put people first in its service delivery ethos. We will continue to turn around the operational model on how we conduct our business and realign our outputs to our strategic national outcomes. This we do fully aware that it will be a long, arduous struggle for which we require vision, determination and commitment. It is incumbent upon us to work in unison to construct a social compact with all stakeholders that will harness our collective resolve, underpinned by our shared values and a common vision.
Finally, I want to thank the Deputy Minister, Ms Hendrietta Bogopane-Zulu; the Acting Director-General, Sam Vukela; and all those senior managers who ably stepped in where vacancies existed to ensure that work continued unabated. Thank you for keeping the ship on course. Soon we will be announcing the successful candidates for the posts of director-general, chief operations officer and the vacant deputy-director general posts, once Cabinet has approved the submissions. I can report here that this morning Cabinet already approved two candidates, so we are down to only three acting positions.
To the department I say that we must always remember our central theme. This is the year of action - to make government work faster, harder and smarter. I thank the Portfolio Committee on Public Works, under the able leadership of Mr Godfrey Oliphant, for his leadership and we thank him for enhancing the constructive oversight that has been done in our department.
I would also like to thank the Chief of Staff in the Ministry, Anusha Pillay, and her able team for their commitment and support during very difficult times. Last but not least, I want to thank my good wife, sitting behind me, and my family for tolerating me and my very busy schedule. [Applause.] I ask, Chairperson, that the House considers Budget Vote No 6 and gives us its blessing.
I must also say that in keeping with a healthy lifestyle [Interjections.] Can you protect me, Chair There is a bit of I know I have a beautiful wife, but leave her in peace. [Laughter.] In keeping with promoting a healthy lifestyle, as led by the Minister of Health, we will not be having a function this evening, but we will be having an imbizo where we can bring together small, medium and micro enterprises, SMMEs, and emerging contractors. We will be making an announcement soon, so that we can interact with those service providers that we don't pay as Public Works. Let them come and talk to us. We want to do that, not in Parliament, but where they actually do their work. So we want to promote a healthy lifestyle: No steak and chops this evening, sorry Thank you very much. [Laughter.] [Applause.?
The HOUSE CHAIRPERSON (Mr M B Skosana): Thank you, hon Minister. I would have protected you, but you invited the bewilderment. [Laughter.
Mr G G OLIPHANT: Chairperson, hon Minister, Deputy Minister, I see hon Minister Shabangu is also here, hon members, distinguished guests, ladies and gentlemen and comrades, let me anchor my input in this very important debate by paying tribute to the workers of South Africa, in particular, and their counterparts and comrades around the globe for their successful May Day rallies and celebrations over the past weekend. [Applause.] I did not hear that. [Applause.] May Day remains an important date of working class solidarity and a critical rallying point for the advancement of workers' rights, and indeed a better world for their respective families.
It was on this day in 1886 that workers in the USA protested bitterly against slavery working conditions and demanded, amongst others, a reduction in working hours to eight hours per day - 40 hours per week, over five days. Hundreds of workers were killed and maimed around the world by capitalist brutality in collaboration with governments that supported them.
One hundred years later, in 1986, albeit under the state of emergency, workers in South Africa under the banner of Cosatu, after waging endless struggles, forcefully celebrated this day. It is therefore important that, in this important workers' month, we pause to remember those heroes and heroines who laid down their lives during the difficult days of apartheid oppression in association with capitalist exploitation in order for us to enjoy the freedom and democracy we have today.
Let me remind the House that on 24 August 2006, on the occasion of the 60th anniversary of the mineworkers' strike under the leadership of uncle J B Marks, Parliament agreed to the following resolution that still needs to be implemented.
that the living and working conditions of mineworkers be investigated further and be improved; and to support the initiative by the National Union of Mineworkers to build a workers' museum...
I also said that Parliament should give consideration to naming some of its buildings after J B Marks, a leader of the African Mineworkers Union, and other heroes and heroines of the struggle.
The Department of Public works, DPW, is the single biggest landlord in our country with huge responsibilities around accommodation and maintenance. All the departments of this government in the country as well as the Department of International Relations and Co-operation outside the country, including Ministers, Deputy Ministers and you, hon members, expect this department to offer decent and adequate accommodation together with the requisite services. This is a very huge task.
We have started some collaboration with the Portfolio Committee on Correctional Services and intend to meet affected parliamentary committees like Home Affairs, Co-operative Governance and Traditional Affairs as well as Defence and Military Veterans in an attempt to strengthen our collective oversight responsibilities relating to decent accommodation, proper registration and maintenance of state assets.
It is incomprehensible that, 16 years since our democratic breakthrough, we are still unable to properly account for all state assets that rightfully belong to future generations. The office of the Auditor-General has, amongst others, raised this matter as one of the serious issues that needs urgent attention. The portfolio committee has already agreed to have a meeting with the office of the Auditor-General in the coming week in order to discuss this matter and find some solutions.
The Government Immovable Asset Management Act, Giama, still has to be fully implemented at national and provincial levels. That Act specifically excludes jurisdiction at local government level, an issue that still remains a serious bone of contention in the portfolio committee.
In November last year we conducted a strategic planning workshop which included, amongst others, representatives of the Department of Rural Development and Land Reform and other important stakeholders. Among other critical issues discussed were the problems around vesting of state land associated with the Deeds Office. This matter still needs to be resolved.
One matter that we are seriously concerned about is the high level of vacancies in the Department of Public Works. I'm happy to hear that it's been addressed, but we have been extremely worried about senior positions, including that of the director-general and chief directors, that are vacant. This situation seriously undermines the capacity of the department and impacts negatively on the service delivery efforts needed in this department. I still do not understand why the state continues to have such high levels of vacancies, especially in funded posts, while the country is bleeding with high levels of unemployment.
The Expanded Public Works Programme, EPWP, is the single most important project of government intended for job creation and poverty alleviation in society. We therefore need to ensure that resources allocated to this programme are fully utilised and efficiently accounted for. The current state of affairs needs serious improvement so that we can properly massify work opportunities in a much more co-ordinated and comprehensive manner.
We have an opportunity of a lifetime to get South Africa working. With over R60 billion allocated to this department and an additional amount of over R2 billion allocated for capital budget in other departments in this financial year, together with the infrastructure budget allocated over the Medium-Term Expenditure Framework, MTEF, the economic fortunes of our citizens can be changed for the better. We can indeed stimulate our economic activity in the short to medium term in a meaningful way. It is doable; it can be done, so let's do it!
The ANC truly believes that, by working together, we can do more. A lot of good work has been done in the department and a lot still needs to be done. For instance, a combination of the capital resources in the development finance institutions like the Public Investment Corporation, PIC, Industrial Development Corporation, IDC and the Development Bank of SA, DBSA - to name but a few - plus the creativity of South African brains, has the greatest potential to make poverty history and to increase the profile of state assets, especially in rural areas and poor municipalities.
The inner city regeneration programme is good and can be accelerated. However, Re Kgabisa Tshwane has been going on for many years now. When is 're kgabisa Thaba Nchu' going to happen When is 're kgabisa rural areas' going to happen And especially, when is 're kgabisa Warrenton' going to happen [Interjections.?
Ag nee man, 're kgabisa Kokstad' 'Re kgabisa Kroonstad' [Oh no man, when is the project starting in Kokstad and in Kroonstad] We must truly and sincerely live by the saying, "South Africa works because of Public Works"?
The Independent Development Trust, IDT, has done tremendous work in rural areas and in poor municipalities and needs to be supported. The committee agreed to mobilise financial resources for the IDT so as to optimise the utilisation of skills and expertise within the entity for the benefit of poor communities. This must be done almost immediately so that we can bring about certainty and stability within the IDT. They were, after all, the proud entity which reported to the Department of Public Works which continued to receive clean audits for the past seven years. Give them a big hand. [Applause.
During our oversight visit to the Eastern Cape in February this year, the portfolio committee members were taken aback by the scourge of underdevelopment in the rural areas, especially in Ngcingcinikhwe, a rural area in Ndabakazi near Butterworth. The village borders the Kei River, but villagers have no access to clean drinking water. Electricity connections are a stone's throw away across the river, but the village is not connected. There are no schools and no clinic, and yet there have been no protest marches. Our people are still hopeful that their government will one day address their plight and bring about a better life for them as well. Some families informed us that they even bought TV sets, just in case they also get connected, so that they can have an opportunity to watch and enjoy the World Cup Soccer tournament together with other fellow South Africans.
What are we waiting for, Comrade Komphela Kuza kude kube nini Ndoda [When will this end] Bomme re emetse eng, kapa re emetse mang [Ladies, what are we waiting for, or who are we waiting for ?
before we can start acting decisively as this Parliament?
Pregnant mothers in Ngcingcinikhwe were still subjected to giving birth at home unless some men volunteered to carry them, on time, on a stretcher, on their shoulders across the mountain to the nearest clinic. Thanks to the Department of Public Works there is now a one kilometre bridge or road that was erected to improve vehicle access to that village. [Applause.
My office recently received correspondence from the IDT office in the Eastern Cape reporting that they are working on the issues raised during our oversight visit to those villages, and we are expecting progress reports soon.
My time is running out very fast.
The committee has resolved to conduct comprehensive oversight visits to provinces in the near future, and has especially resolved to have serious engagement with the Construction Industry Development Board, CIDB, the Council for the Built Environment, CBE, and Agrément South Africa.
I see that time is running out very fast, so I will not go through everything here. I would just like to say in the end that we are going to be meeting with the CIDB and all these other entities that report to Public Works to finalise the work that still needs to be done.
As I conclude, I wish to take this opportunity to thank the portfolio committee members very much, especially the ANC members for their unwavering support and commitment to tackling the challenges ahead. I would also like to extend a special word of welcome to the opposition party members participating in the portfolio committee, as well as to the Minister and the Deputy Minister; thank you very much.
I would very much like to thank the staff of the CIDB; CBE; IDT and Agrément South Africa, ASA; the secretary of the committee, Akhona Busakwe; the secretary to the chairperson, Gadija Osman; the new secretary to the ANC, Pumla Kweyama; and Inez, the researcher. We thank you very much for your hard work. Re a leboga. [Thank you.
I would also like to thank the catering staff who feed us here at Parliament everyday and the cleaning staff who clean up all the mess after we have left. Thank you. The ANC supports this debate. [Applause.
Mr S J MASANGO: Chairperson, Ministers, Deputy Ministers and hon members, the DA is in support of the idea to rejuvenate and reshape the department and to develop a skills operation that focuses on core functions. However, all these good ideas mean nothing unless they are implemented properly and speedily.
Again, Minister, the road ahead will not be easy if one considers the following issues: Administratively, your department is headless and will be headless until you fill all the posts; the mud-slinging in the leadership, politically and administratively, does not do any favour to the department; the budget does not cover all the vacancy rates in your department, including the Occupation Specific Dispensation, OSD; very little if nothing is allocated for skills development; and lack of capacity in your department remains a concern.
Chairperson, unless the above issues are addressed, the Minister's good idea will remain but a pipedream. Another issue that demotivates the department's employees is that the contract employees are earning higher salaries than the permanent staff. This is something that the department must attend to as soon as possible.
Last year, Chairperson, I mentioned that the Marievale Military Base, a government-owned property, was in a state of disrepair. And until today nothing has been done there and the situation is getting worse.
The problem with Marievale is that there are communities who are staying there, and they've been renting the houses from the Department of Defence. There is absolutely no service delivery there. The municipality is unable to help because their area belongs to the national government. The community members are always stranded whenever they encounter problems because they don't know whom to report to.
The rampant looting that has plagued the area is continuing. Rented houses are falling apart because no one is repairing them. Cable boxes are left open, exposing children to danger. Without adequate drainage the roads run like swimming pools and all over the place the grass grows high. Nothing is happening there except the development of a golf course. How this will benefit the local community is unclear. Minister, I urge you to give due consideration to the situation at Marievale and to implement the suggestion I made to you last year.
Another military base that is not utilised is the Mariepskop Radar station in Mpumalanga, and very soon it will also be looted. It is one of the most beautiful places in our country. Standing on top of the mountain you can see forever. The sad part of this is that very few people know about it. It has more than 20 three-bedroom houses, three blocks of multi-storey flats, a dining hall, fully equipped kitchen with walk-in fridges, three different pubs, medical stations, swimming pool, rugby field, tennis courts and many other facilities left to the jungle.
The government has, since 1990, been wasting a lot of money by paying the personnel to look after the property. Here is a wonderful opportunity, Minister, for the private sector to open this village as a holiday resort that will offer much more than any other resort in the area. It will also provide lots of job opportunities in an area where the thought of a job is seen as a silly dream, not to mention the great income it can generate.
The DA supports the creation of job opportunities through the Expanded Public Works Programme, EPWP. However, it is not enough to measure only the number of jobs opportunities created; we should go beyond this. It must not be about job creation just for the sake of meeting targets; there must be value for money spent from the public coffers. The department must start to measure the quality of the work done and customer satisfaction. The project must leave some legacy behind, like the road built at Ngcinginikhwe in the Eastern Cape, that's a good example. The community must feel proud of the work done by the EPWP in their area.
The skills transfer from the Extended Public Works Programme, EPWP, must be real and genuine. They should be approved by the SA Qualification Authority. If this is not the case, then we are wasting these young people time. It is also not true that we can train 500 people at a time and that, after completion, they go home just to rust again. Let us be realistic and train a reasonable number that will be absorbed into full employment either by government or the private sector.
Omunye weminqopho ye-EPWP kurarha indlala - umtlhago. Kodwana, Ngqongqotjhe, ukuthi ngubani ekufuze aqatjhwe nokuthi kuqatjhwe bunjani, lokhu kusese yindaba engalethi ubuthongo. Amathuba wemisebenzi asanikelwa labo abazanako nanyana abaneenhlobo. Abantu abatlhaga khulu nanje abawatholi lamaphrojekthi. UmNyango kufanele wendlale imihlahlandlela nemithetho ngokuqatjhwa ku-EPWP begodu uqinisekise bonyana abomasipala neemfunda bayayilandela leyo mithetho. Ukuze kurarhwe indlala, umtlhago kufuze kube, okungasenani, umuntu munye osebenzako emndenini ngamunye. Nangabe ubaba nomma abasebenzi, kufanele baqalelelwe kokuthoma. Labo babantu abazokuqinesekisa bonyana kubanokudla ekhaya - kurarhwe umtlhago. (Translation of isiNdebele paragraphs follows.
One of the objectives of the EPWP is to alleviate poverty, but the challenge, Minister, is who should be employed and how. This is still the challenge that brings sleepless nights. Job opportunities are still given to pals and relatives. People who are really suffering do not get these projects. The department should introduce guidelines with regard to the employment of people in the EPWP and ensure that municipalities and provinces adhere to those guidelines.
To alleviate poverty, at least one member of each family should be employed; especially, in cases were both parents are not working. They should be first in line to get these jobs. These are people who will make sure that there is food at home so their families do not go hungry.
Chairperson, corruption must be dealt with equally amongst all employees, from a general worker up to senior level. Many public sector employees seem to be getting away with it.
Minister, I am saying this because the former director-general of your department appointed Servcon and Intersite to do an asset register on behalf of the department without following the tender procedure in accordance with the Public Finance Management Act, PFMA. This is a serious offence. Until now nothing has been done to bring him to book, but junior officials are being disciplined, arrested and charged for minor offences and not senior officials.
At present we are told that the companies are demanding R200 million for a job they dismally failed to carry out. But strangely enough, in 2009 Intersite appointed another company to do their asset register. Why can't they do their own asset register if they are qualified to do that I hope the Minister is going to treat this very seriously and ensure that the law takes its course?
Minister, after a few interactions with some of the institutions under your department, one wonders why some are existing and why they are under your department. One institution that I am not going to dwell on so much is Agrément South Africa - even the Minister is not too sure why this doesn't fall under the Department of Public Works.
All contractors must be registered with the Construction Industry Development Board, CIDB, in order to do business with government, but this is not the case. It depends on who you are and whom you are connected with. The law-abiding emerging contractors are kept on Grade 1 and 2 as long as their financial status are low. They will remain there, and probably most of them will die there. If contractors like SGL Engineering can get R140 million from government tenders in two years' time without being registered with the CIDB and no actions are taken against them, then what is the use of registering with the CIDB It is just a waste of time; it is either we give this institution some teeth to bite or we do away with it?
Kwamaswaphela, [Lastly,] the Council for the Built Environment is mandated to oversee the professional council. Minister, I don't understand why a council is overseeing another council. These are professional councils and they can stand on their own and report to the Minister without another council doing this on their behalf. This is just duplication and a fruitless expenditure.
All these institutions have board members that are paid by government for attending board meetings. The biggest question is: What are they discussing in every meeting Does whatever they decide on change the lives of the ordinary citizens of this country I doubt it, Minister?
Former President Thabo Mbeki once said that it cannot be business as usual, and President Jacob Zuma keeps on saying that we are doing things differently. It is time that we also consider the mandates of this institution and do things differently. Ngiyathokoza. [Iwahlo.] [Thank you. [Applause.
Mr P B MNGUNI: Chairperson, hon Minister, hon Deputy Minister, hon members, what we want from this department as Cope is service delivery, not drama. With so many officials acting and the dramatic tension being so high, the department can easily rival Isidingo for entertainment value. However, this debate is to approve funds for the department to deliver on its mandate, and that is what we are demanding.
Cope is also concerned about the article which appeared in the Sowetan on Monday regarding the Council for the Built Environment, CBE, and more specifically the Engineering Council of South Africa, ECSA. If newly qualified black engineers are being held back by ECSA, as it is being alleged, the Minister must inform this House what he has done to remove the bottleneck.
We are also interested to know when ECSA and CBE will start to reflect the greater demographic representativity. With regard to government's promise of many years to use the state's assets to transform property industry and spatial development planning so that it bears the mark of the new democracy, we need the Minister to disclose what has been happening in this regard. In 2007 the department also undertook to make available state assets to support the country's housing backlog. To what extent has this been happening In the same year, the Government Immovable Asset Management Act was legislated to provide for a uniformed framework for the management of immovable assets; the co-ordination of their use to achieve service delivery objectives; and to set guidelines and minimum standards regarding asset management?
The TEMPORARY CHAIRPERSON (Mr L B G Ndabandaba): Order, order, order please. Hon member, sit down. Hon member, please bow when you get into the House. Go back, come back inside and bow, please! [Interjections.
Hon member, please go out, come back inside and bow. [Interjections.
Mr P B MNGUNI: Chairperson, I think you will have to add one minute to my time because he...
The TEMPORARY CHAIRPERSON (Mr L B G Ndabandaba): Yes, you are covered.
Mr P B MNGUNI: I thank you very much. Has this legislation now been fully implemented Can the Minister show this House that all assets which no longer meet the service delivery requirements have been commercialised to the best advantage of the state In this regard, are there any assets of strategic importance that are not being used for that purpose?
The Act also requires a continuous interaction between users and custodians of the assets to enable their optimal use. Is this happening uniformly across South Africa Can the Minister give us assurance that users and custodians are interacting as the Act envisages?
I now come to the National Infrastructure Maintenance Strategy that was developed by the department to rehabilitate public assets, most of which are in dilapidated states. We ask the Minister to inform this House about the achievements attained under this programme. While R6,4 billion allocated for rehabilitation may not be adequate, getting true value for this amount and plugging leakages will allow this expenditure to go far. Today, South Africa has to contend with a triple problem: inadequate resources, rampant corruption in the public service and extensive incompetence. The Minister has to ensure that he exercises proper vigilance.
A vital question that has to be asked is: How is the department managing government's immovable property portfolio in support of the government's social, economic, functional and political objectives without the proper function of an asset register Cope also questions why the compilation of the state asset register is being left to inexperienced students rather than experienced individuals in the field. The problem of the maintenance backlog in respect of government infrastructure and buildings is one of the greatest magnitude. Is there a credible plan to deal with the problem?
In this regard, where and how is this department failing so that the Minister of Communications, Siphiwe Nyanda, is forced and compelled to book into luxury hotels for an extended period It is estimated that a total of R4,5 million was spent by Ministers on luxury hotel stays and other property-related expense scandals last year. These include the R800 000 spending spree by the Minister of Police, Nathi Mthethwa?
In addition, we cannot forget the report of R134 million that was splurged by the Department of Public Works' officials, including Minister Geoff Doidge and his, Deputy Minister Hendrietta Bogopane-Zulu, on travelling, accommodation and restaurants since April 2008 with R34 million spent within the first six months of 2009. This is unacceptable at a time when the economy is in trouble and poverty is deepening. [Interjections.
The prestige management that funds the allocation of activities relating to the residences of Ministers and Deputy Ministers also needs to be brought under a magnifying glass. Reported expenditure on luxury Persian carpets, curtains and furniture at prices above those prevailing in the market, if true, must mean that this government cares nothing about the poor. [Interjections.
Will the Minister disclose, for example, what amount was spent on the residences of the Ministers and Deputy Ministers in the period May 2009-10 [Interjections.] Will the Minister give a breakdown for carpets, curtains and furnishing in the Ministers' houses The taste of fancy hotels and big spending should be funded by the Ministers themselves. Mismanaged spending means misallocation of resources and that in turn hurts job creation. [Interjections.?
The TEMPORARY CHAIRPERSON (Mr L B G Ndabandaba): Hon members! Order, order!
Mr P B MNGUNI: Now, this is what you would like to hear, Minister; Cope is pleased that 190 buildings have been identified for remodelling in 2010 and 2011 to meet the needs of the disabled persons in South Africa. [Interjections.] [Time expired.
Mr V B NDLOVU: Chairperson, the Department of Public Works is one of the most important state departments due to the roles it plays in job creation, skills development and the combating of poverty. Needless to say, these three areas impact very heavily on any country's ability to achieve rates of economic growth that meets the country's social and material needs.
The department's role with regard to the creation of employment and stimulation of the economy is particularly important now that we are in the midst of an economic crisis. We are in full agreement with government that we must, despite the current recession, spend on infrastructure because such investment will generate growth when demand in domestic and global economy naturally increases.
Investment infrastructure has a huge potential to redress the high unemployment and poverty level in South Africa, and also to correct the skills deficit in disadvantaged communities. Commitment to poverty alleviation should continue to be high on government's agenda and should stay one of the focal points of the department. The shortcoming of and need to significantly improve upon the programme is self-evident. Internally, government has also become increasingly aware of its pitfalls.
The IFP had warned that the Expanded Public Works Programme, which has been the flagship government policy in the field of job creation until now, should not be seen as a welfare programme, as a job creation venture inculcating further dependence on the state by exaggerating its role in job creation. One of the significant challenges identified in the first phase of the Expanded Public Works Programme, EPWP, has been the quality of training provided. The provision of two days of training per month of work on the EPWP is unlikely to have a dramatic impact on the skills composition of the labour force, and should not be measured on those terms.
While the Expanded Public Works Programme did absorb a large number of unskilled labourers, huge challenges remain in that projects are of a short duration and there is a lack of timely payments of government to small, medium and micro enterprises, SMMEs. It is unacceptable for our government to be seen as contributing to the demise of black business through not paying on time for services rendered.
The success of the EPWP will be measured by its ability to target beneficiaries from the poorest households in order to make a decisive impact on the widespread poverty that is distressing our country. The department, therefore, needs to urgently crack down on nepotism and favouritism with regard to public works projects. We cannot, and I repeat, we cannot allow a situation where jobs that are intended for the poor end up in the hands of politically connected people and siblings.
The department needs to consolidate its internal control and monitoring system as well as its compliance with Treasury regulations and the Public Finance Management Act. Too much reliance on consultants, especially considering the fact that some of the consultancies have been former employees of the department, raises serious questions of accountability and good governance. The Council of the Built Environment is a case in point, since we have received a qualified audit each year from the Auditor-General. We call upon the Department of Public Works to strengthen its human resource capabilities by speeding up its filling of vacant posts in its high ranks, and we take regard of and accept what the Minister has said on this matter. Thank you very much. [Applause.
Ms N D NGCENGWANE: Chairperson, hon Minister and Deputy Minister, hon Members of Parliament, distinguished guests, ladies and gentlemen, one of the key strategic development priorities of the ANC-led government is speeding up growth and creating more jobs, d ecent work and sustainable livelihoods. Under "Rural Development and Land Reform" the 8 January 2010 statement also states very clearly that the public representatives and government officials who have the responsibility of rural development and agrarian reform must speed up the provision of service to these communities.
With regard to economic transformation, one of the resolutions of the Polokwane conference states clearly that we need to overcome spatial patterns of economic marginalisation and fragmentation. It also states that we must reverse the geography of apartheid in both urban and rural areas.
We need to expand the opportunities for sustainable livelihoods and to support the growth of the second economy activities in the urban centres. We must do this through ensuring better access to the centres of economic growth, financial and institutional support for co-operatives and micro enterprises and a significant expansion of the public works programme linked to the expansion of economic infrastructure and meeting social needs with home-based care and early childhood development on a massive scale. We need programmes that target the employment of women, youth and people with disabilities, targeting labour-intensive production methods and procurement policies.
All these efforts by the ANC-led government are based on the wise words of our stalwart, our mentor, Mr Nelson Mandela, quoted and edited by Jennifer C Williams: " as long as poverty, injustice and gross inequality persist in our world, none of us can truly rest."
The general approach to fight unemployment and youth unemployment, in particular, is to have a wage subsidy that will create an incentive to hire youth and inexperienced workers and to raise youth employment by 500 000 by 2013, using the Expanded Public Works Programmes.
The key components of Expanded Public Works Programme 2 are: targets and accountability across government spheres; Expanded Public Works Programme, EPWP, incentive grant; nongovernmental sector; and technical support to spheres, sectors and implementation bodies.
The requirement here for public bodies is to have clear targets for each financial year. The public body must have clear programmes which will contribute positively to the targets. The targets will be annually adjusted to the Medium-Term Expenditure Framework in line with budgets available and the performance of each public body.
Respective targets can only be achieved by holding respective political and administrative heads accountable. The setting and monitoring of feedback processes for performance in relation to all targets will be monitored and managed by the EPWP unit. This is very crucial, because without monitoring, evaluation and feedback either monthly or quarterly - by the EPWP unit and the Public Works portfolio committee members, we will not know whether we are coming or going.
As members of the ANC we are motivated by the choices we made. We made choices of committing ourselves to bettering the lives of the millions of disadvantaged South Africans. As Jim Rynn correctly puts it: "Motivation is what gets you started and habit is what keeps you going."
As we all know, the Department of Public Works has been faced with a lot of challenges over the past few years. Again, because of the commitment of the ANC-led government, we did not give up; we could not be deterred by the challenges. Challenges are what make life interesting, and overcoming them is really what makes life meaningful. What the ANC needs is the commitment of the opposition parties to work towards the same goal instead of standing at a distance holding a red pen and looking for mistakes. South Africa belongs to all of us, black and white, united in our diversity.
Together we can intensify the fight against crime and corruption. We can work towards building a developmental state, including improvement of public services and strengthening democratic institutions. Ability is what we have, motivation determines what we do and attitude determines how well we do it.
It took a lot of blood, sweat and tears to get to where we are today, but we have just begun. Today we begin in earnest the work of making sure that the world we leave our children in is just a little better than the one we inhabit today.
With regard to the EPWP incentive grant, an amount of R3,2 billion has been allocated to the Department of Public Works over the MTEF period for the payout of the incentives to the public bodies. By 2014 this is expected to grow to at least R5 billion.
The main objective of the EPWP incentive grant is to reinforce and reward public bodies for implementing labour-intensive methods or increasing the labour centres of infrastructure delivery. Commitment and agreement between the Minister of Public Works and the Premiers of each province led to the signing of the implementation protocols between 1 April 2010 and mid July 2010, which are managed by the EPWP partnership development directorate. Technical support from EPWP will be available to work in the provinces. The EPWP monitoring and evaluation unit will give assistance to all identified programmes reporting on the web-based reporting system. Before the public bodies have access to the EPWP incentive grant, they must report to the Public Works department their EPWP projects identified in a prior financial year, meeting minimum job creation based on the available grant budget.
The claims for incentive amounts can only be done upon proving that work has been created above the minimum threshold for EPWP of R50 per day for every day of work created. The public bodies must bear in mind that if they meet their job creation targets, they will receive their incentive allocation quarterly from the Department of Public Works, DPW. The harder they work, the more grants they get.
A minimum eligibility above threshold must be met before the public bodies can start accessing the incentive, except for rural municipalities where zero thresholds can apply. The total full-time equivalent allocation to provinces is R151 million for the 2009-10 financial year. The total incentive allocation to municipalities is R201,7 million of which R147,2 million will go to rural municipalities, and metros will qualify for R54,5 million.
The nongovernmental bodies - NGOs, CBOs and other nonprofit organizations - are expected to create jobs through the implementation of EPWP Phase 2. An amount of R80 million as wage incentive for 2009-10 has been allocated and R749 million over the MTEF period. Management of the nongovernmental sector will be done by the DPW, with oversight done by other departments.
There are two types of programmes that can be implemented under the nongovernmental sector. These are the area-based programmes that include different activities identified by communities in consultation with local government. Then there are institution-based programmes. These will also be delivered by the nongovernmental sector, with specific focus areas such as health care, child care, community safety, etc.
Sihlalo, malungu abekekileyo, iyandivuyisa le ndawo yokulandelela le misebenzi eza kwenziwa, maxawambi sixelelwa ngale misebenzi embetshembetshe enjengokugxotha ikati eziko kuhlale uNomyayi. Bathi xa bezixela, bezincoma uqonde nawe okokuba wonke umntu uza kohlutha kunye nabamelwane, kanti umntu nje uzokwenza iindlela zokufumana imali. Ekuthi kwakufunwa ubungqina bomsebenzi okanye imisebenzi kusuke kungene amabali. Nathi siyiKomiti ejongene nemicimbi yeSebe siza kuthi gqolo sincedisana neSebe ukujonga ngeliso elibukhali loo misebenzi, kungenjalo sizakukha phantsi isitya sigcwele. Siza kucela iingxelo zenkqubela-phambili naxa sihambela amaphondo sizibone.
Enye into Sihlalo, Mphathiswa neSekela lakho, xa ujonga iMpuma Koloni ilelinye lamaphondo athwaxwa yindlala kanobom, yaye lineendonga ezinkulu ezibangelwa lukhukhuliseko lomhlaba.
Xa sinokuvala ezi ndonga ngamatye achola-cholwe ngabantu emakhaya, amatye awathengwa koko kuthengwa ucingo olwalukiweyo ekuthiwa yinetting wire, kuqokelelwe amatye ngabantu belali nganye kuthi kwakugqitywa kuvalwe ezi ndonga ngala matye axhaswe lo lu cingo. Apha phezulu singade sifake okanye sityale amakhala okubamba amanzi nomhlaba, side sityale izityalo neentyatyambo ezintle ezingafiyo nasebusika.
Ekuqokeleleni amatye singasebenzisa neenqwelo ezi zitsalwa ziimbongolo okanye iidonki. Kubekho abantu abaqokelelayo nabagangatha iindonga, kubanjwe ukhukuliseko lomhlaba, kubekho iindlela ezintle neendlela ezibukekayo kunye nendlela yokubeka isonka etafileni, kananjalo nelizwe lethu libe lihle lithandeke nakubakhenkethi.
Sihlalo, kuwo onke amaqobokazana athe azijula ijacu ekhangela iinkedama zeli lizwe loMzantsi Afrika sithi 'Huntsu' ningadinwa nangomso, eli lizwe beliyakuba lilizwe elinjani elizele ziinkedama ezizula esithubeni zingenamakhaya. Nibaqoqoshile, nabathanda, nabakhulisa nabenzela namakhaya ngokunjalo. Sithi nakubacimi-mlilo nabanye 'Phambili' Mlisela Nomthinjana welizwe lakuthi. [Kwaqhwatywa.] (Translation of isiXhosa paragraphs follows.
Chairperson and hon members, I am delighted by this monitoring of jobs that are still going to take place because sometimes we are told about these state-of-the-art jobs intended to fight poverty. When they make their proposals, you are also convinced that poverty will be a thing of the past, only to find out that these are just money-making schemes. This becomes evident when story after story is told instead of being given the facts about these jobs.
As the portfolio committee, we will continue working with the department in monitoring the jobs in question, otherwise we will fail. We will ask for progress reports and also visit these sites during our provincial visits.
One other thing, Chair, hon Minister and your deputy; the Eastern Cape is one of the poverty stricken provinces and has huge dongas as a result of soil erosion. We can close these dongas by using stones picked up by the villagers. You do not need to buy stones but only the netting wire. People from each village can gather stones to close the dongas using this netting wire. On the surface we can also plant aloe and evergreen flowers to stop soil erosion.
We can use carts drawn by mules or donkeys to gather the stones. Some people could gather the stones and others could pack these stones together or compress them inside the netting wire to stop soil erosion. By doing that we will be making beautiful roads, fighting poverty and ensuring that our country is beautiful and that it appeals to the tourists as well.
Chairperson, we commend all the young women for their tireless efforts in looking after the orphans of this country. Thank you very much. What kind of a country would we have if it was swarmed with homeless orphans You have nurtured them, loved them, brought them up and provided them with homes as well. We are also encouraging fire fighters and others, by saying 'Forward' to the youth of our country. [Applause.]?
The DEPUTY MINISTER OF PUBLIC WORKS: House Chairperson, Minister, the senior officials of the Department of Public Works, hon members, distinguished guests, ladies and gentlemen, good afternoon. I would like to first thank the hon members who have already spoken before me. I want to say to Mr Masango and Mr Mnguni - my children like to say, "from tokoloshe to technology" - that I hope that when we leave this room they will make sure to join me so that I can assist them to move from the tokoloshe stage to the technology stage. Maybe in the next debate we will get something different from them.
In the previous budget we indicated that for the first time in this government Deputy Ministers are allocated responsibilities. We requested then that this House should judge us on the performance the tasks allocated to us, which the Minister announced in his previous budget. Amongst the responsibilities the Deputy Minister was given was to take the asset register and do asset management, which a lot of members were complaining about. Hence I felt that it is important, hon Minister, to take them from the stage of tokoloshe to technology.
I'm extending an invitation to the members - for the first time we will be seeing this country's electronic asset register. It is out there in the foyer and we would like to make sure that we show members that, at the click of a button, you will know which asset belongs to whom [Applause] its history, who owned it over the years and, once and for all, put to an end the era when we didn't know what we own. We might not have captured everything, but we know exactly what we own and we are waiting for some of this to be vested.
Let me, once and for all, indicate that vesting is not the responsibility of the Department of Public Works. For us to capture an asset on the register, the Department of Rural Development and Land Reform must first vest that asset. Even if we know where the asset is, unless it's vested, we can't capture it. For the last time, I hope members will understand that the vesting process contributes to the delay in us capturing our assets.
Our electronic asset register will assist members to understand that some of these assets belong to the provinces, even though sometimes, because we do not know, we would blame the national Department of Public Works for some of these assets. We are hoping that in the next three years all the assets of this government, with its own unique identity code, will have one single asset register for the state with different spheres so that you are able to understand which assets belong to whom. That will take us a long way in addressing the challenges that we face right now.
I also want to say that, despite the vesting process lying in the Department of Rural Development and Land Reform, the Department of Public Works has led the process, as the Minister indicated - and I can proudly announce that this task team has worked very hard - and we do have a draft vesting master plan which will be announced in due course.
A number of members also complained about the issues of rehabilitation and maintenance. As indicated, unlike previously where we had challenges of signing memorandums of understanding or service level agreements later, this time around we proudly stand here today to indicate that 98% of service level agreements and buildings that need to be rehabilitated have already been identified. For the first time we will be on time - on schedule to spend the allocated resources for the rehabilitation and maintenance programme.
I would like to say to hon members that some of us who reside in parliamentary villages enjoy the renovated houses and say to members that, come April 2011, the remaining houses will be fully renovated. We are looking at upgrading the security and we would appreciate it if members could allow us access to their houses so that we would be able to check whether they have telephone lines or not.
Lastly, I hope we will be appointing the long-outstanding management board. As the Minister indicated previously, we are finalising the legalities to enable the Deputy Speaker and the Deputy Minister to be responsible for the parliamentary villages. We hope that members will work with us in establishing their own residence committees to enable us to partner in the running functioning of the parliamentary villages. We also hope that members will kindly pay their rent so that they can complain and so that we can use the money.
HON MEMBERS: Viva! [Applause.
The DEPUTY MINISTER OF PUBLIC WORKS: So can we please do that so that we can enjoy that comfort?
The issues around Giyama are working very well. We are on schedule, but we note at this Parliament that when Giyama was passed, it had some reservations around the issues of local government. We are in the process of responding to all those issues. We can confirm that our custodian and user asset registers are on schedule, and we are hoping that each and every department will be done by March 2011.
The Minister spoke at length about the issues of vulnerable groups. Needless to say, we all know that we have a responsibility to the women of this country who constitute more than 51% of the population. We would like to ensure that the money we spend, the work opportunities we create as well as the experiences of women whether at the different levels of their professional experiences or at the different levels of the construction, are responsive and indeed inclusive. We will be conducting a survey that will capture the experiences of women on construction sites so that we are able, together with our entities, to improve the working conditions of women to make sure that they also find the construction industry a very welcoming one without them having to change and become men, but rather remaining feminine and working in the industry.
We have done a lot of work with the women property network - professional women within the industry who are assisting us to ensure that we make the required changes, as the Minister indicated in his speech, in terms of ensuring that women in this country become property owners as well as managers of properties.
The Minister spoke about issues of disabled persons. Even though we have a lot of vacancies, I can proudly say that we are on course to meet our 2% target. We are very clear that the vacancies that we are filling as the Department of Public Works will reflect the demographics of this country. We will meet the 2% target as allocated.
As we understand the challenges and the realities faced by young people, we are in the process of establishing the youth directorate at a chief directorate level, which is a sign that we take issues affecting young people very seriously without ghettoising the young people and putting them in a corner. This directorate's key mandate will ensure full integration of young people in all the work that we do.
We remain faithful and we are very loyal to the children of this country, because we want to ensure that we are able to close the skills gap as well be as to ensure, as I said before, that the built environmental industry and the construction industry become "cool" and that they "rock", so that more young people and children can join. We are doing that at the department. We do have mentorship programmes that expose young learners from Grade 8 to 10 to the built environment so that when they do career choices they are able to keep our skills and close the gaps. We run career expos on construction where we are able to raise the required level of interest.
Regarding the Budget Vote, our communications unit ensured that our officials in the department give us some tips on the issues that we need to work on. One of the employees indicated that we need to relook the budget to see how our incubator and property programmes work. We can proudly say to members that we have heard you on the challenges that you've raised with the CIDB. We will be relooking our property incubator programmes to ensure that we, once again, use those programmes to uplift those that are sitting at level one of the CIDB register.
This Budget Vote is taking place within the national HCT campaign. We therefore call upon captains of the industry in the property and the built environment to allow access for government to bring services onsite where employees within the site would have an opportunity to be counselled to test. As a responsible department we will even host our own department testing campaign so that we can ensure that this country meets the 15 million target, as set by the President, in the fight against HIV/Aids by June 2011.
I would like to express my sincere thanks to the ANC for the opportunity that they have awarded me, and to the President, the Minister as a partner in crime in leading this department, the portfolio committee that cracks the whip and keeps us in order and the officials in the Department of Public Works.
I would like to share one thought that I have on the wall of my office, which says: "Time slips through our fingers, through our hands like grains of sand, never to return again. Those who use time wisely from an early age are rewarded with rich, productive and satisfying lives." I would like to say to the officials that that is how I value your contribution - the work that you do and the sense of urgency that is developing in the department. And my husband who works with me as my personal guide, half of the work I do is through his guidance and all the time that he gives me; his seeing eyes enable me to perform the work that I do so diligently. To my children whom I'm raising by remote control, I hope that one day they will understand that it's a contribution I needed to make. To the team in my office led by Mathute Motumi, for the hard work and keeping up with the stress levels and the screaming and shouting that happens from time to time. This is an opportunity for us to say thank you.
By elevating the lives of others, your life reaches its highest dimension. The universe favours the brave. When you resolve to lift your life to its highest level, the strength of your soul will guide you to a magical place with magnificent treasures. I hope that is where this team of Public Works is taking South Africa. As we do that, we indeed confirm once again as a collective team that South Africa works because of Public Works. Thank you very much. [Applause.
Mr M C MANANA: Chairperson, hon Minister, Deputy Minister, acting director-general, distinguished guests, hon Masango, I think life is no longer about SGL Engineering nor is it about Julius Malema. Therefore I think we must really grow and focus on our mandate. [Interjections.
The 1994 democratic breakthrough ushered in a period in which youth development became part of the developmental interventions of the democratic state. In particular, youth formations of the government became seized with, among other things, the development of youth focused policy and legislative frameworks. Central to those were the National Youth Commission Act, the National Youth Policy of 2000 and the National Youth Development Policy Framework of 2000-07.
The above-mentioned frameworks outlined the country's perspective and institutional arrangements for youth development wherein some difficulties and weaknesses were identified, hence the need for a national youth convention was. The convention was aimed at reviewing the policy perspective and institutional mechanisms for youth development in the country. This convention adopted an integrated approach, which was canvassed by the ANC Youth league during the robust engagements which took place in the convention at Emperor's Palace in 2005.
This integrated approach to youth development required realignment of the institutional mechanisms for youth development in the country. It was within this context that a decision to establish a National Youth Development Agency was taken to ensure integration, sustainability and responsiveness to the aspirations and needs of our young people.
Let me deal with the ANC policy perspective. The ANC has always viewed young people as the most important stratum in society and, as such, has sought to ensure that they are fully integrated into society as agents of change. Consequently young people are regarded as a critical component within the motive forces of the national democratic revolution in the thorough-going process of resolving contradictions created by the system of colonialism and apartheid. This means that young people have an objective interest in driving the national democratic revolution, NDR, towards its logical conclusion. As active agents of change and social transformation, they stand to benefit from fundamental transformation of our society.
As a consequence of the significant role played by young people in bringing about a democratic breakthrough in South Africa, the ANC seeks to ensure that past imbalances created by the apartheid regime are redressed and that young people are afforded the opportunity to participate meaningfully in all sectors of society. After realising the impact of the apartheid government's deliberate neglect of young people, the ANC continues to prioritise issues of youth development within the broader framework of reconstruction and development of the South African society.
Following its capturing of political power in 1994, the ANC started implementing its policy commitments through setting up institutions for youth development. Currently, the ANC remains committed to ensuring that South Africa has the best institutional vehicle for integrated youth development so as to ensure effective implementation of youth development policies and programmes.
The ANC's national policy conference in July 2007 dealt with critical tasks facing the movement. Primary amongst these tasks was the challenge of dealing with the effects of unemployment through the Expanded Public Works Programme which is linked to the urban renewal and integrated sustainable rural development strategy. We acknowledged at that policy conference that the implementation of the national youth service programme created a huge opportunity for our unemployed youth and must be sufficiently expanded. The conference tasked government, through the Expanded Public Works Programme and Setas, to pay particular attention to the provision of skills to practitioners in the early childhood development, ECD, and Adult Basic Education and Training, Abet, sectors.
Six months later, at the occasion of our 52nd national conference in 2007 held at Polokwane, we resolved that government directly absorb the unemployed through labour-intensive production methods and procurement policies as well as a significant expansion of the public works programmes linked to the expansion of economic infrastructure. We further resolved that government should meet social needs with home-based care and early childhood development on a massive scale; provide a much larger national youth service; and ensure the linkage of industrial strategy with key youth development programmes in the form of an integrated youth development strategy.
At the conference the ANC equally reaffirmed its commitment to youth development by its resolution that government should review the existing institutions of youth development and create a national youth development agency that will ensure integration, sustainability and responsiveness to the demands and aspirations of South Africa's youth. While it emphasises commitment towards youth and youth development, the ANC policy paradigm on youth development also places obligations on young people to work for reconciliation and promote a common South African identity; to participate actively in the political, social and economic life of the country; to combat discrimination and racism; to promote democratic values; and to acquire skills and play a productive role in the economic reconstruction and development of the country.
Let me deal with jobs for the youth. Given the high level of youth unemployment in the country, youth economic development should be anchored around the idea of youth co-operatives so as to provide for collective ownership and control of the economic resources produced therein. Unlike the privately owned business enterprises, these youth co-operatives would have greater economic impact in terms of responding to socioeconomic challenges facing the youth of South Africa. The national youth service remains one of the programmes concerned with creating job opportunities for the youth. In addition, the Expanded Public Works Programme, EPWP, is also tasked to create 40% of work opportunities for young people.
From 1 April 2009 51 learners participated in the learnership programmes. The department implemented an artisan training programme with the intention of addressing the shortage of qualified artisans in technical fields. It is noted that the department is constrained by financial challenges to meet the 2,5% target of absorbing national service graduates. However, the department should focus on this area in the 2010-11 financial year due to the priority placed on the resuscitation of workshops. Unemployment, hon members, amongst the youth is very high and is at almost 3 million.
Let me briefly refer to the national youth service which is a government initiative launched in August 2004 to engage young people in service activities that are aimed at nation-building whilst providing opportunities for learning. The youth service objectives are to promote social cohesion and build social capital; to inculcate a culture of service to communities by young people; to inculcate in young people the spirit of patriotism and an understanding of their role in the promotion of civic awareness and national reconstruction; to develop the skills, knowledge, and abilities of young people to enable them to make a meaningful transition to adulthood; and, lastly, to improve youth employability.
In the context of the ANC government's commitment to transformation and social development, the national youth service programme has the potential to mainstream youth development. It also has the potential to proactively address poverty reduction, skills development, youth unemployment, building caring communities and enhancing social cohesion. It would also include the delivery of vital services including community care, water, housing, community infrastructure, adult education, food and nutrition.
The critical point of departure for youth in construction is to build the capacity of communities to operate and maintain infrastructure and, in this way, increase the number of entrants into the built environment trades. Historically, the national youth service project, the national Department of Public Works and the national Department of Labour have been working on specific projects in construction skills training. This skills training has enabled young people to proactively participate in national development.
In an effort to strengthen the national youth service programme and make it sustainable, government departments have identified projects that could support this initiative and the national youth scheme. The refurbishment and maintenance of public buildings has been one area in which youth development in the built environment has taken place. Thank you. [Time expired.] [Applause.
Mr L B GAEHLER: Chairperson and Minister, the UDM supports the Budget. This debate must be seen in the context of the current state of the South African economy. Public Works is at the forefront of government job creation initiatives, especially in the construction industry. Unfortunately the latest economic data paints a grim picture. Unemployment has risen in the past quarter, as 171 000 jobs have been lost and the number of potential productive adults who are jobless stands at 35%. That is a staggering 6 million unemployed people. The construction sector has seen a decline in jobs since the completion of the World Cup projects.
One major concern is the shortage of skills within the department. The long-term solution is a skills audit within government, since this issue cuts across all departments. The private sector should be involved in the process. We would also argue that service providers such as consultants and contractors of the department should provide opportunities for interns, apprentices and professional interns. We believe that such a policy will require monitoring and tracking, but it could play a vital role in creating jobs and enhancing the skills available to the department.
It is shocking that government still does not have a proper asset register despite this being a long-standing issue. The Construction Industry Development Board needs to be restructured, because it has failed to uplift contractors since most of them are still stuck in grade one where the board placed them upon registration. The current board needs to be changed so that the emerging contractors are represented.
One major issue is the nonpayment of contractors within 30 days. It does not really affect public works nationally, but it affects public works at a provincial level.
Abantu balamba izisu zithi nca emqolo, bade bafe kodwa banemali. Abanye sele kungaphezu konyaka bengabhatalwa. Baninzi abafileyo Mphathiswa. Siyakucela siyi-UDM ukuba ungenelele kule ngxaki. Yingxaki ebetha ilizwe lonke, ebetha nezi kon traka. Sisicelo esisenzayo eso. Enkosi. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.
[People are dying of hunger and they are dying whilst waiting for their monies. Some have been waiting for their payments for more than a year now. Hon Minister, a large number of people has since died. We as the UDM appeal for your intervention. This is a challenge for the whole country and it also affects these contractors. That is our request. Thank you. [Applause.
Mev N T NOVEMBER: Voorsitter van die Huis, agb minister Geoff Doidge, adjunkminister Bogopane-Zulu, hoofsweep, voorsitter en lede van die komitee, agb parlementslede, dames en here, goeie middag. Gun my die geleentheid om eerstens die moeders, vroue en kamerade van 9 Augustus 1956 te salueer vir die diep spore en sterk fondasie wat hulle gebou het.
Die ANC het reeds in 1912 geglo aan 'n nie-rassige, nie-seksistiese en 'n demokratiese Suid-Afrika. Die Vryheidshandves en al die goeie beleidsrigtings van die ANC is 'n bewysstuk daarvan. Die Polokwane-resolusies van die ANC het weereens bewys hoe belangrik gelykheid in die samelewing is. Dit is hoekom die ANC die deurlopende slagspreuk gebruik wat sê "'n Beter lewe vir almal". Vandag geniet vroue en vrouebemagtiging die prioriteit, en dit bevestig die 50-50 beleid van die ANC. (Translation of Afrikaans paragraphs follows.
Mrs N T NOVEMBER: Chairperson of the House, hon Minister Geoff Doidge, Deputy Minister Bogopane-Zulu, Chief Whip, chairperson and members of the committee, hon Members of Parliament, ladies and gentlemen, good afternoon. Allow me the opportunity, firstly, to salute the mothers, women and comrades of 9 August 1956 for the indelible mark they have left and the firm foundation that they have built.
In 1912 the ANC already believed in a nonracial, nonsexist and a democratic South Africa. The Freedom Charter and all the good policies of the ANC are proof of this. The ANC's Polokwane resolutions once again proved the importance of equality in society. That is why the ANC continues to use the slogan "A better life for all". Today women and the empowerment of women enjoy priority, and this is affirmed by the 50-50 policy of the ANC.
Despite the significant progress since the establishment of our democratic government, South African society is unfortunately still characterised by racially-based income and social service inequalities. Consequently, the vast majority of South Africans remain excluded from ownership, control and management of productive assets and from access to training in strategic skills. This is not only unjust, but it inhibits South Africa's ability to achieve its full economic potential.
Since 1994, the ANC-led government has identified the construction industry in South Africa as essential to the achievement of the Reconstruction and Development Programme goals. These include housing, jobs, infrastructure development, skills and public service delivery improvement. The relationship with the industry is historical, as the ANC relied on industry to meet its development goals. Today, government has made available more than R787 billion for the next three to five years to develop infrastructure in the country, with immense benefits.
The Constitution of the Republic of South Africa, Act 108 of 1996, states the imperative of redressing historical and social inequalities in, inter alia, the Bill of Rights, section 9, on equality and unfair discrimination. Furthermore, the Broad-Based Black Economic Empowerment Act, Act 53 of 2003, establishes a legislative framework for the promotion of broad-based black economic empowerment, BBBEE. One of the fundamental principles of this Act, as well as the many sector transformation charters, is to address gender inequality in the workplace. Provisions on the scorecards by which the transformation of organisations is measured effectively promote the employment of women as well as ownership and control by women within the business environment.
Traditionally very few women have been involved in contracting, particularly on the technical side. To a certain degree this male domination in the industry can be ascribed to discriminatory and narrow-minded thinking. There is a mindset that contracting is a man's work, and this mindset obviously needs to be eradicated as it really amounts to no more than unfair discrimination. [Applause.] There is much that can be done in this regard, and there are certain NGOs such as South African Women in Construction and Women for Housing that are doing sterling work in terms of assisting women to become more involved in the construction sector.
Evidence that affirmative action policies do, in fact, yield results comes from the experience of white women over the past 16 years. Such commendable advancement, however, betrays deliberate racial discrimination in that the higher profile of white women in senior management is a post-1994 development - the result of women being designated as a disadvantaged group and beneficiaries of affirmative action policies.
A white corporate culture has advanced white women, but continues to exclude all black women. Save for a limited number of equity transactions, to date, the construction sector continues to reflect vast inequalities in ownership, with little transformation having taken place. There are limited numbers of black women in controlling and managerial positions and in the specialised professions in larger enterprises in the sector. Black women, in particular, continue to be under-represented at board level and in executive management in the sector.
South Africa's once male-dominated construction industry has become attractive to women. The South African Women in Construction Association's database of women contractors has grown from 60 at its inception in 1999 to over 2 000. However, black participation is principally through micro and small businesses where there are also low levels of sustainability. There is little penetration of black enterprises in those components of the sector that are more capital-and knowledge-intensive. This situation is exacerbated by the absence of adequate financial and other support mechanisms for small, medium and micro enterprises, SMMEs, and the sector's inbuilt bias towards urban centres of development.
Without deliberate and effective intervention, emerging women contractors will not readily graduate to become commercially sustainable and technically proficient players in the construction industry. Failure to intervene in this space would mean that women contractors will remain trapped in the category of emerging contractors, unable to grow their businesses and to create decent jobs. They need to be identified, encouraged and supported with targeted and appropriately customised interventions which will ultimately enable them to compete in the open market with established contracting firms.
The aim must be to promote the effective advancement of employment equity in the industry to achieve a sustainable change in the racial and gender composition of ownership, control and management in the sector. Another aim must be to address skills development in a manner that accelerates the advancement of black women and designated groups, with particular emphasis on learnerships and technical and management training.
The ANC welcomes the department's commitment to women empowerment. Its internal recruitment drive has seen an upsurge of women in senior management from 23% in 2007 to 46% in March 2009. Externally, it seeks to ensure that there is an increased percentage of access to opportunities for women in the traditionally male-dominated construction and property sectors. A number of these programmes have been developed at national level and include the Expanded Public Works Programme, the Emerging Contractor Development Programme and the Contractor Incubator Programme.
The South African Women in Construction Association is a national association of women entrepreneurs in all areas of the construction industry, from the skilled trades to business ownership. Realising the need to build capacity and management skills for women in the industry, this association was established in 1999. It works closely with the Development Bank of Southern Africa; the Independent Development Trust, the IDT; and government departments to build up skills, create career opportunities, and provide networking platforms for women in construction. The ANC supports the Budget Vote. [Time expired.
Mr M W RABOTAPI: Chairperson, hon Minister, Deputy Minister, hon members and hon guests, management of the Expanded Public Works Programme, EPWP, on the ground is not properly managed, especially the contract time frames that the department enters into with contractors. The payment of contractors is another factor. This demoralises our contactors to do business with the department.
It should be emphasized to the provincial administration that the portfolio committee is entitled to conduct oversights and, as a result, must be treated with respect in the sense that we fully need to know their strengths and weaknesses. There is also a number of projects for us to choose ourselves instead of them choosing for us.
Creating sustainable jobs still remain a challenge in our country. However, we acknowledge the efforts of the department in striving to create jobs for South Africans even though they might not be sustainable.
Hon Minister, your department's endeavour to empower South Africans with skills is moving at a snail's pace and needs to be jacked up. Students from Further Education and Training, FET, colleges and skilled labourers who are no longer employed could be helped to fill the gap of leadership in the building industry. Let us get South Africa working. By so doing we will be creating opportunities for all the people of South Africa.
In the last financial year your department promised to create 500 000 jobs with its EPWP throughout the country. However, the target was never reached, even though it was not too far from the said target.
Government-wide Immovable Asset Management, Giama, must be extended to municipalities to ensure that all properties that belong to municipalities are known. There are too many properties that belong to the municipalities.
In yesterday's Business News of The Star newspaper your department gave itself top marks for the creation of decent work opportunities for South Africa's unemployed. [Interjections.
The TEMPORARY CHAIRPERSON (Mr A Mlangeni): Order! Order, members! I won't allow that. There is too much noise there at the back. We are not children and we don't need to be reminded of that every time somebody is talking, whether you agree with the person or not. Please give him or her the opportunity to speak. There is too much noise on my right. I want discipline from you, comrades, please! Please, carry on.
Mr M W RABOTAPI: Hon Minister, you further went on to say there were five main government programmes associated with jobs involving infrastructure building. Minster, the reality is that your satisfaction does not reflect what is happening on the ground. A lot of developing contractors are frustrated because of the grading system that does not do justice to their objectives.
The fourth project that you mentioned is the Vukuphile Learnership Programme, aimed at creating contractors and supervisors trained in labour-based methods. However, these poor people are not happy with the grading system that is being used against them.
It is on record that 482 000 jobs were created last year. However, by December almost a quarter of these people were home again as the jobs were not sustainable. Things can be turned around if we learn from our past mistakes and also admit where we went wrong. Let us get our team right and put people who are fit for purpose in positions instead of using the chopping and changing system that we have been using.
In the parliamentary villages some members are still using very old furniture, while others have new furniture. The alarm systems do not function. Each time a technician comes he complains about the department not authorising a budget for batteries to be purchased.
South Africa is a predominantly rural country, but in terms of development this is not reflected in rural areas unless there is migration from rural to urban areas. All that I am saying is let us take our rural communities on board. Your department has a rural development programme which seems to be there in name only. Our people are waiting with keen interest for these programmes to start unfolding.
There must be planned maintenance and emergency maintenance. I'm pleased that the department, for this financial year, has planned to do maintenance on 64 properties and hope this will reduce the backlog. The concern is that, as the committee, we are not informed of those properties so that we can do oversight.
Motswana a re "tau e e senang seboka e siiwa ke none e tlhotsa," ka jalo a re tshwarane ka diatla ka gore ntšwanyana e bonwa mabotobotong. Ke a leboga. [There is a Setswana saying that, "united we stand, divided we fall", therefore let us work together, because our intentions have been clear from the onset. Thank you.
Mr C D KEKANA: Hon Chair, hon Minister, hon Deputy Minister, hon members, distinguished guests, ladies and gentlemen, a lot of ground has been covered by previous speakers, so I will only focus on infrastructure. The modern economy strives on infrastructure; in other words, the cornerstone of any economy is its infrastructure. By infrastructure I am confining myself to rail, roads, sea ports, airports, dams, electricity and power stations.
From the beginning of 1994 up to the current international recession, we were told by economists that South Africa has done very well in the economy. In fact, they called it a phenomenal growth in the economy. They said that apartheid did not grow the economy as much as the new ANC-led government has done. [Applause.
We grew the economy up to 4,5%. There were challenges and a part of those challenges was that the economy was not creating as many jobs as it was supposed to. We had an economic policy called the Joint Initiative on Priority Skills Acquisition, Jipsa, and the Accelerated and Shared Growth Initiative for South Africa, Asgisa. Asgisa said that in order to grow the economy further than what we have done - further than this phenomenal growth that outshines apartheid - we needed to beef up our infrastructure. They said that the economy has grown so much that the infrastructure can't cope any more.
The infrastructure has become small, because the economy itself has grown. We need to beef up and increase our infrastructure. If you go on the highway you will see congestion there, but you will also see that we are already increasing the infrastructure, because where there were three lanes there are now four lanes. That shows that we are increasing the capacity of our roads to accommodate our traffic.
Another good example of this infrastructure that is so important for the economy to grow is that of electricity and power stations. Just to give you an idea, agriculture consumes 12% of electricity in South Africa; residents in South Africa consume 15% of electricity; mining consumes 17% of electricity; and manufacturing alone consumes 37%, as small as it is. You will realise that a lot of our raw materials from mining are still sent overseas in that we still export a lot of raw material. At Limpopo there was a resolution stating that we would like to beneficiate and expand manufacturing.
The Minister of Trade and Industry has said that in order to change the structure of this economy that exports raw material, we need to focus on manufacturing, but the very important point there is that we cannot expand our manufacturing. As small as it is, it is already consuming the highest supply of electricity, which is 37%. So in order to increase our manufacturing, we will have to increase electrical supply.
We know that our government is already busy with the building of power stations to boost the electrical infrastructural facilities for manufacturing. We hope that when manufacturing increases in our economy and when all the raw materials - our platinum, chrome, diamonds, which are beneficiated overseas; as much as 90% of small and rough diamonds are beneficiated in India - are beneficiated, all that must happen here, because big diamonds are beneficiated in London, Belgium and Israel.
We want to do all that here in South Africa, but besides the skills, for example in engineering, that we need to start designing our companies, we are also going to need a highly increased level of supply of electricity, because without electricity manufacturing can never manifest.
Now this just goes to show how important infrastructure is to our economy. Public Works has been given that responsibility. The 500 jobs that we are going to create are short term, but long-term and permanent jobs will be created when our economy expands. In fact, Asgisa has said that we need to increase the growth of our economy beyond. Once manufacturing has taken effect, we will definitely go beyond 6%.
We would like all of you to support us by supporting this budget for infrastructure, because no economy can ever strive without infrastructural basis. The foundation of any economy is the infrastructure. [Applause.
Fortunately, 2010 has also assisted us in beefing up our economy, as we can see that our airports and sea ports are being developed further and even our roads, because there was a budget allocated to infrastructural development for the purposes of the 2010 World Cup. It looks like good things are happening in South Africa in different ways. We can only wish that Bafana wins, because South Africa is actually winning.
In conclusion, with regard to the assets registration, the Minister and Deputy Minister have covered the asset registration issue, which is important. We need to know what belongs to government and what assets are of what value as far as land is concerned and which farms belong to the government, because there are people occupying those farms. If you didn't know, you would be under the impression that they belong to Mr so and so, only to find out that those farms are government's property. There are also properties internationally and in embassies.
With regard to the asset registration, I would like to focus on the area of rights. We have mineral rights and we are prospecting to know exactly where minerals are. Geoscience is doing the research, but the private sector, as it was involved in mining, already know where minerals are because they have done prospecting.
Together we can do better and we hope they will reveal the information so that we can have asset registration as far as minerals are concerned. I support the budget. Thank you. [Applause.
The MINISTER OF PUBLIC WORKS: Chairperson, I thought as a former House Chairperson you would give me 10 minutes. [Laughter.] I used to be very generous when you were on the floor, Chair.
The HOUSE CHAIRPERSON (Mr M B Skosana): In fact you are supposed to have three, you know [Laughter.?
The MINISTER OF PUBLIC WORKS: House Chairperson, let me start by speaking about what hon Mnguni raised about Hollywood and Bollywood. He is a good contender for Parlywood. Maybe Parliament should have an act of Parlywood. I'm sure it will compete well with Isidingo.
Let's clarify this: The acting senior managers are not people from outside; they are from within the senior management. We could have, if we wanted to, just said, "This position is vacant; we don't have this particular position filled." But instead we gave those members in the senior management an opportunity to come up and experience what is to be a director-general, a chief operations officer and a deputy director-general. Therefore this creates an impression that there's a long string of acting when, in fact, there is none.
As I stand here today there are only two vacancies in senior management. If one listened carefully to what I said, this morning Cabinet confirmed two deputy director-general positions. The candidates for the director-general position have been interviewed. Their names are with the Department of Public Service and Administration, DPSA, and are on their way to Cabinet. That's three position. That leaves the position of the chief operations officer who resigned in February vacant. The deadline for applicants to apply for this post has passed. We hope that in the next week or two a panel will be set up with Ministers to actually interview the candidates for the chief operations officer position. That leaves one deputy director-general post of the Expanded Public Works Programme, EPWP, still vacant.
These are very able personalities from within senior management. I hope that we will see this in the light that these are very capable people. They have kept the ship on course. We haven't fallen off the bridge. These are our people that we are trying to promote and give exposure to. Let's not create an impression that they are acting and therefore they are not the same as the real McCoy. They are the real McCoy and I have confidence in them.
I thank members that spoke about the recapitalisation of the Independent Development Trust, IDT. I certainly think the IDT has done its role or played its part in the eradication of mud schools. But let me hasten to say that in my speech you will see that I spoke about concurrent functions. Building schools is not the work or the function of the national Department of Public Works. But because the IDT is the special kind of vehicle that it is, it is able to straddle national, provincial and local government. The IDT works at three different spheres and it also works across national departments.
This is why I feel very strongly that we need to do everything possible to ensure that the IDT is recapitalised, retained under Public Works and remains a special purpose vehicle. It can be used by other departments. It used by provincial and local governments. It built a beautiful building in Kokstad, which is my hometown, hon Rabotapi. I didn't spearhead it, but the local municipality asked the IDT to put up a good office building for them. If one goes to other areas one will see that it is building courts for Justice and Constitutional Development. In fact, it is operating so well and I'm a little bit worried that there will be opposition for the Department of Public Works, DPW, one of these days. Therefore we need to make sure that we recapitalise the IDT.
Yes, somebody mentioned the Public Improvement Commission, PIC; I think we need to think outside the box. The PIC is sitting with funding; the Industrial Development Corporation, IDC, is sitting with funding; and the Development Bank of Southern Africa, DBSA, is sitting with funding. Let's think outside the box and see how Public Works can access these funds so that we can address some of the issues that have been raised here. I'm happy to say, hon chairperson of the committee, that, in fact, the department is currently working on a model and it will share with the committee what our thinking is.
I want to come back to the point made by hon Mahlangu. We are not headless. I think all the people who are sitting there do have heads. [Laughter.] So they are not headless. Don't worry about that, we've kept the ship on course. They had an option to say, "Minister, we don't want to act in these positions." They could have done so. However, because they bought into the vision and mission of the Minister and serve their country with passion, they stood up and said, "Minister, there's a task ahead; we will do it for you."
I agree on the issue of Occupational Specific Dispensation, OSD. Recently we went to India; the Department of Public Works in India employed 7 000 professionals. We don't have as many professionals in our department as the people sitting behind me. Therefore we have got to make a decision. Is this a technical department or do we want a rental collection office What is it that we want That is the vision that is in our strategic plan when we begin to say we want to raise the bar, review, reshape and rejuvenate?
Niyandilandela maqabane Uyandilandela, mhlekazi?
ILUNGU ELIHLONIPHEKILEYO: Ulahlekile.
UMPHATHISWA WEZEMISEBENZI YOLUNTU: Ulahlekile (Translations of isiXhosa paragraphs follows.?
Do you understand me comrades Do you understand me, sir?
An HON MEMBER: He is lost.
The MINISTER OF PUBLIC WORKS: Are you lost?
You see, hon Mnguni complaints about - I don't know how many millions were spent on travel -...
to go and create jobs through the EPWP.
Ndiza kuhamba ngebhaloni. [Kwaqhwatywa.] [I will travel by plane. [Applause.
With regard to the issue of Marievale, hon Mahlangu, I see that when Mr Blanché retired from politics in Parliament he left you with a legacy. [Laughter.
under Marievale. You know, what he didn't tell you is that he and I went to Marievale. "Unombuzo" [He has a question] every five minutes about Marievale. What's the problem with Marievale Do you want to go and play golf on a golf course I can invite you; it's not my golf course; I didn't build it. However, it's not true about Marievale?
You see, we must understand some of these functions of Public Works. Marievale is under the Department of Defence and Military Veterans. If they decide that they want to go ahead like Lephalale We've just refurbished Lephalale. We sorted out the sewerage systems which you complained about in Marievale. If the Department of Defence and Military Veterans wants us to do that, we will gladly do it. We explained that to Mr Blanché. He is not a member anymore, but he was honourable then and I hope he is still honourable. However, we went there and explained the issue. I think you and I must go there again so that we can help you with that issue, because I can see "iyakuhlupha" [that it concerns you.] [Laughter.
I covered some of the issues that have been addressed at a very high level in my speech. I get a sense that maybe, as we interact at committee level, we must certainly make sure that we go into some of the issues raised by members. I want to say to you that the Construction Industry Development Board, CIDB, and the Council for Built Environment, CBE, have done more than they have ever done before in reaching out to communities and talking to contractors.
THE HOUSE CHAIRPERSON (Mr B Skosana): Hon Minister, you need to wrap up.
The MINISTER OF PUBLIC WORKS: Oh! Thank you, sir. Let me also say to hon Mnguni that the performance agreement we've just signed with the President is that in the next four years we have to release 6 250 hectares of state-owned land on which to provide local government with land to build houses. What I can tell you, hon Mnguni is that Public Works has already provided local government and provincial government with so much land in the last year. We will be happy to draw up a list for you to indicate just how much has been shared.
Let me also just make a very important point in the last minute of my allocated time: There is a very young organisation called SA Women in Engineering, Saweng. I would like to make sure that members of the committee actually make contact with this association. I think it's a voluntary association. They invited me to speak there and I thought I will see 10 to 15 women. But I saw 150 young women - the most beautiful in our country. They told me they are engineers, quantity surveyors and architects, and I was shocked, really shocked, to see that there are so many young women who are organised and really assertive. I think, hon November, we must put you in touch with them because what those women are doing will inspire you. Thank you, Chairperson. [Applause.
With regard to the last point, this reminded me that there is a demonstration which we are going to go to downstairs, because it's not true that there is no asset register in Public Works.
Iphaya ematshinini. Siza kucofa phaya [It is on the machine.
so that everybody can see it. Thank you. [Applause.
The CHAIRPERSON (Mr M B Skosana): Hon Minister, if I were you, I would be careful - 150 beautiful women. I would be careful. [Laughter.
The Committee rose at 18:38.
South African Reserve Bank Amendment Bill, 2010, submitted by the Minister of Finance.
Please note: The above item replaces item 1 under Announcements in the ATC of 4 May 2010, where the Bill submitted in terms of Joint Rule 159 was incorrectly referred to the Standing Committee on Appropriations and the Select Committee on Appropriations.
The Portfolio Committee on Police examined the Budget Vote 22 of the Independent Complaints Directorate (ICD) for the 2010/11 financial year including projections of the Medium Term Expenditure Framework (MTEF) for 2011/12 and 2012/13 as shown in the Estimates of National Expenditure (ENE). Also examined, was the ICD strategic plan for 2010 - 2013.
Briefing by the ICD on the 2010/11 Budget and strategic priorities for 2010- 2013 2.
The aim of the Independent Complaints Directorate (ICD) is to provide an accessible complaints processing mechanism, and efficient and effective investigation of complaints of deaths, misconduct and criminality allegedly committed by members of the South African Police Service (SAPS) and the Municipal Police Services (MPS), and to make appropriate recommendations.
investigating misconduct and monitoring the implementation of the Domestic Violence Act by the South African Police and Municipal Police.
The ICD had to reprioritise and manage its resources with due regard to the Government's call for departments to curb spending and in the light of the global recession. As such, the Directorate's 2010-2013 Strategic Plan is also more focused in direction and detail than its previous Strategic Plan, with an emphasis on restructuring/re-organising resources and processes within the ICD to enable it to carry out its mandate more effectively. These changes, including legislative changes, are also aimed at addressing "critical matters" identified in Parliamentary reports.
With the appointment of a permanent Executive Director for the ICD in August 2009, and restructuring of the ICD to carry out its mandate more effectively, it has been decided that the communications function within the ICD will relocate to the office of the Executive Director. This will also assist in formalising and streamlining communication between the ICD and the Secretariat. In addition, Programme 3: Information and Management and Research will be integrated into Programme 2: Complaints Processing, Monitoring and Investigation, and Legal Services will become a fully-fledged third programme.
It is also envisaged that legislation will be introduced in 2010 to strengthen the ICD to more effectively deliver on its mandate; and to bring about a certain level of independence (if not total and complete) from the SAPS.
enforce compliance by SAPS of recommendations made in respect of SAPS members.
Over the medium term the ICD has set targets to finalise 65 percent or 470 of investigations of deaths in police custody or as a result of police action in 2010/11 and 2011/12 and 70 percent or 480 in 2012/13. Targets for finalising investigations of criminal offences have been set at 55 percent in 2010/11 (representing 1100 matters) and 2011/12 (representing 1150 matters) and will be increased to 1200 or 60 percent in 2012/13.
In addition, the Directorate plans to decrease backlogs to not more than 10 percent of the previous year; increase attendance of crime scenes by 90 percent; register and allocate all complaints within 48 hours and complete all applications for referral within 30 days.
In the 2010/11 financial year the ICD receives an increased budget of R129.3 million which represents a R12.8 million nominal rand increase; or a R4.7 million real rand increase from the R116.5 million appropriated in 2009/10. In percentage terms the budget reflects a nominal increase of 10.99 per cent and a real increase of 4.02 per cent.
Budget Vote 22 has only three programmes, namely: Programme 1: Administration; Programme 2: Complaints Processing, Monitoring and Investigation; and Programme 3: Information Management and Research. The biggest allocation (R63.4 million or 49.03 per cent) goes to Programme 2 which is responsible for the ICD's core business, namely investigating deaths in police custody or as a result of police action; and investigating criminal offences and serious misconduct complaints against SAPS and Metro Police members. As a percentage of the total budget, Programme 2's allocation is only slightly higher than its percentage of the Budget Vote (48.1 per cent) in 2009/10, to the current 49.03 per cent. Programme 1 is allocated 38.7 per cent of the 2010/11 Budget (compared to 38.1 percent in 2009/10). The remaining 12.2 per cent is allocated to Programme 3 which shows a decrease from the previous Budget's allocation of 14 percent.
It is envisaged that Programme 3 will be integrated into Programme 2, and Legal Services (currently a sub-programme under Complaints Processing, Monitoring and Investigation) will become Programme 3. According to the 2010 Estimates of National Expenditure the revised priorities will necessitate a dedicated legal services programme to provide legal opinions to investigators and will improve service delivery and speed up investigations. The ICD indicated on 4 February 2010 that the Research function will in future be moved to the Secretariat of Police. The Secretariat will conduct research based on statistics contained in the ICD's information database on "cases of police brutality and criminality". In addition, the Secretariat will also take over the station audits, cell inspections and the monitoring of compliance by the Police with Domestic Violence Act provisions and reporting thereon to Parliament. The reprioritisation is aimed at strengthening the co-operation between the ICD and the Secretariat of Police in order to ensure the "effective monitoring" by the Police of the implementation of ICD recommendations to the Police. However, the ratio of the total police population in relation to ICD capacity (287 funded posts of which 13 are vacant) is still extremely low when considering that the police population was said to be 185 275 in November 2009 and is expected to grow annually by 10 per cent.
The allocation to Current Payments has increased by R11.8 million from R114.2 million in 2009/10 to R126 million in 2010/11. Current Payments include Compensation of Employees (which increased by R7.6 million from R66.5 million to R74.1 million); and Goods and Services (which increased by R4.2 million from R47.7 million to R51.9 million). All increases in the Current Payments allocations are lower when compared to the increases received in 2009/10.
Overall, expenditure is expected to increase over the medium term at an average annual rate of 9.4 percent to R152.4 million to make provision for the increased salaries of investigators; increases in investigative capacity; and the appointment of staff to the newly established asset management unit at the ICD head office. On average, salaries will increase annually by 10.8 percent; and expenditure in this regard is expected to grow from R66.5 million in 2009/10 to R90.4 million by 2012/13. Additional allocations of R2.2 million in 2010/11; R4.6 million in 2011/12 and R5.8 million in 2012/13 will be given to the ICD to strengthen support services; and to make provision for salary adjustments and the allocation of 3 additional administrative personnel in 3 provincial offices. The ICD has 287 funded posts, earmarked for Programmes 2 and 3; and 190 of these posts are located in provincial offices. Less funding has been given to Administration which resulted in post levels being downscaled.
Administration received 38.7 percent of the total budget allocation of R129.3 million. This programme, being the second largest programme, grew from R44.4 million in 2009/10 to R50.1 million in 2010/11, signifying a growth of R5.7 million (12.84 percent) in nominal terms and R2.6 million (5.75 percent) in real terms. The allocations for the three sub-programmes under Administration are: Management (R9.9 million), Corporate Services (R32.1 million) and Office Accommodation (R8.1 million). Although Current Payments has once again increased compared to 2009/10, the increase of R5.3 million is significantly less than the previous R11.6 million. Compensation of Employees increased by R 2.6 million and Goods and Services by R2.7 million. The increase in the Management sub-programme is due to staff increases in the office of the Executive Director to provide for the relocation to this office of the communications/liaison functions.
Complaints Processing, Monitoring and Investigation received the largest portion of the ICD budget, namely R63.4 million or 49.03 percent. In real terms the programme increased by R3.4 million (6.11 percent), while the nominal increase was R7.4 million or 13.21 percent. The sub-programme Complaints Processing, Monitoring and Investigation received R 61.8 million or 97.4 percent of the allocation as it is responsible for the ICD's core business, namely the receipt, registration, processing and investigation of complaints of deaths in police custody or as a result of police action, and complaints of misconduct and criminality. According to the 2010 Estimates of National Expenditure funding is distributed according to the number of personnel and cases. Compensation of employees increased by R4.2 million, much more significantly than the previous increase of R1 million.
It is expected that expenditure on capital assets will increase by 33.1 per cent to provide for the purchase of bulletproof vests, and computers for use in the field.
In terms of the current budget the sub-programme Legal Services gets R1.7 million rand or 2.68 percent of the programme allocation (an increase of 0.1 per cent). This sub-programme is currently responsible for providing legal advice to ICD officials on the ICD's mandate. It was previously indicated that Legal Services will become a fully-fledged programme on its own (Programme 3) with some of the functions to be moved to the Secretariat of Police; and the expansion of the investigative mandate of the ICD to focus on more serious crimes. The funding in the next budget for Legal Service is thus expected to increase dramatically to provide for the increased impact on Legal Service to secure a "dedicated legal services programme to provide legal opinions to investigators", and will help to improve service delivery and speed up investigations.
The Information Management and Research Programme received R15.8 million of the 2010/11 budget or 12.22 per cent, which represents a 1.6 per cent decrease compared to the 2009/10 allocation. In real terms the allocation decreased by R1.3 million or 8.03 percent; and in nominal terms this amounts to a decrease of R 300 000 or 1.86 per cent. The Programme consists of two sub-programmes, namely Research (which received R1.6 million) and Information Management System which received the largest allocation of R14.1 million. On average expenditure in this programme is expected to grow annually over the medium term by 6.2 per cent to reach R19.3 million in 2012/13 due to increased spending on employee compensation. It is not certain how the expected relocation of this function to the Secretariat of Police will impact on the medium term projections which are mainly linked to employee compensation.
The Information Management System sub-programme is also expected to show increased spending over the MTEF to provide for "more thorough data management, a streamlined linkage to government's online portals and the gateway e-government project, improved knowledge management and high quality reports". Over the medium term the focus area of this programme will be on maintaining the ICD's electronic information system and update the case management system. An improved case management system will assist the ICD in achieving better results at addressing case backlogs and speeding up the finalisation of serious crimes in terms of the reprioritised investigation focus areas.
The disciplinary enquiries of managers and staff members take some time to complete, due to the fact that the ICD depends on external experts to assist with the chairing of disciplinary enquiries or to deal with appeals.
Furthermore, the seriousness of the allegations of misconduct is determined by the preliminary investigation into the allegations of misconduct. Suspensions therefore depend on the complexity of the allegations and the period of time required to finalise the disciplinary processes.
The ICD does not have a medical aid scheme per se. ICD employees are members of the Government Employees Medical Scheme (GEMS), or of other medical schemes available in the market.
The ICD is currently in consultation with the Department of Public Works to finalise the allocation of space with a view to the refurbishment of the building that has been identified as the new National Head Office Building. It is anticipated that the Directorate would be moving to the new building by May 2010.
The planned reduction of 10% with regard to the vacancy rate was determined on the basis of the fact that the ICD is not always able to retain staff members due to the flatness of the departmental structure, as well as the fact that the Department cannot match the salaries offered by other government departments and the private sector. Virtually all 16 vacant positions have been vacant for a period not exceeding three months and the ICD is in the process of filling these vacancies.
Why does the SAPS fail to notify the ICD of deaths in police custody or as a result of police action?
Of late there have been only isolated incidents of failure to report deaths in police custody or as a result of police action. There are, however, measures in place recommending disciplinary action in the event where the SAPS fails to notify the ICD of such deaths.
Where should the public report other cases of abuse?
The ICD will, as a matter of priority, investigate all cases of criminality and the Department will pay particular attention to complaints of a serious nature. Complaints of a less serious nature, such as service-related complaints, will be referred to the relevant police station, the Secretariat or the Provincial Commissioner's Office for investigation, while the ICD monitors progress of the investigation.
Clarify the problems encountered with state mortuaries and explain how the ICD intends addressing these problems.
The ICD plans to engage the Department of Health with a view to developing a Service Level Agreement, which will regulate the relationship between the two departments as it relates to the execution of the ICD's mandate.
In view of its geographical location, why is there a need for a satellite office in Gauteng?
Due to the number of complaints reported to the National Office by people from Pretoria and surrounding areas, it will be necessary to establish a satellite office, which will operate separately from the National Office, which mainly deals with policy issues. A satellite office, situated in Pretoria for example, would improve the response time of investigators to a crime scene, especially during peak hours. Provincial managers also gave their input regarding the preferred location of satellite offices. Mpumalanga, for example, identified Kwamhlanga (Highveld) and Ermelo (Eastern Highveld) as locations for its satellite offices.
With regard to the Monitoring and Evaluation Committee: Is the functioning of this Committee an ongoing process, and could the use of information communication technology (ICT) not assist with the monitoring process?
ICT is most definitely used to assist with the monitoring of performance on a monthly and quarterly basis. There is, however, a need to perform a physical inspection of files, so as to ensure compliance with the Standard Operating Procedure. This can only be done by a perusal of hard-copy files in the provinces. The provincial heads also play an important role in the monitoring of performance and in compliance with the Standard Operating Procedure.
Why are some of the investigators expected to share investigation equipment?
A period of three years has elapsed since the ICD last procured any investigation equipment, resulting in investigators, who were appointed during this period, having to share equipment. To overcome this obstacle, the ICD will, in future, ensure that equipment is procured for every newly appointed investigator.
Does the ICD experience delays with the processing of forensic reports by the Forensic Services Laboratory?
The ICD is affected by the workload of the Forensic Services Laboratory. However, a good working relationship has been established between the ICD and the Laboratory, which enables prioritisation of some high-profile cases. The forensic evidence in respect of such high-profile cases receives priority.
Why is the allocation of cases done at National level and not at Provincial level?
The allocation of cases is actually done at provincial level. The National Office, however, monitors whether or not performance targets have been met.
What is the purpose of the ICD's research projects?
The ICD's research projects focus on research related to police misconduct, which represents an area that falls within the ICD's current mandate. It is expected of the ICD to propose solutions to some of the policing problems identified during investigations. Research therefore facilitates the identification of problems and the proposal of solutions to specific problems.
When conducting station audits, does the ICD pay return visits to the stations that were audited during the previous year to establish whether the stations have implemented the ICD's recommendations?
The ICD is committed to the effective implementation of the Domestic Violence Act (DVA). A plan of action was devised to audit all police stations in the country before the cycle is repeated. Subsequently no station was audited more than once during the period July to December 2009. The SAPS website indicates that there are currently 1 114 police stations nationally. The ICD's target for the 2009/10 financial year was to audit at least 200 stations. During the period July to December 2009, the ICD audited 241 police stations and, in so doing, already exceeded the target set for the financial year in question. Audit reports are sent to the station commissioners following each visit and follow-ups are carried out by means of reports, compiled by the station commissioners, to establish whether the ICD's recommendations have been implemented.
Why is the ICD still allowing exemptions with regard to the SAPS in terms of the DVA?
The Domestic Violence Act and the National Instruction on the DVA stipulate the procedure in dealing with non-compliance cases. In short, the police are required to take disciplinary action against any non-compliant member or, in instances where they believe there are no valid reasons for non-compliance in applications to the ICD for exemption from prosecution. The ICD, in turn, can exempt members in instances where a valid explanation for non-compliance is offered. In order for the ICD to consider an application for exemption, the relevant documentation, such as affidavits, should be attached to the application. In other words, it is not the ICD, but legislation that provides for the exemption of police officers where a valid explanation for non-compliance is offered.
How do you raise awareness of the ICD in rural and urban areas?
The ICD has offices in all nine provinces, as well as six satellite offices around the country. The non-availability of ICD branch offices in the various local government areas in the provinces represents a challenge and it makes it difficult for the majority of the population who live in the rural areas to have easy access to the ICD. Hence, the focus of the ICD's community outreach programmes during the 2010/11 period will be on rural areas.
What process needs to be followed to obtain funding and what's the reason for the ICD's application for more being rejected while the SAPS gets extra funding?
Government departments were requested to submit their expenditure estimates and data bases to the National Treasury by 24 July 2009 for the 2010 Budget allocation. Inputs were received from all the responsible managers and these were consolidated into one document. Options for additional funding were identified and these were communicated to both the Minister and the National Treasury. During August 2009, government departments were requested to reconsider their requests for additional allocations and to reprioritise and apply cost-cutting measures so as to curb expenditure. The ICD adhered to this request from the National Treasury, but also highlighted the fact that it was becoming increasingly difficult to attain the set objectives while, at the same time, improve financial control and compliance.
Normally, the budget process also comprises of MTEF hearings, where the Accounting Officer and programme managers have to motivate the inputs that they have put forward for additional funding. Following cabinet meetings and taking into account Cabinet's priorities, an allocation was made to the ICD.
Why does the future funding needs fail to reflect the new ICD legislation?
Due to the fact that the new legislation is still in progress, it cannot be included in future funding needs within the MTEF cycle.
Why is there an increase for only two years in Programme 2 and not for the third year?
Additional funding is only provided within a three-year cycle - hence the MTEF period. The increase in terms of Programme 2 started in the previous year (2009/10) of the MTEF cycle and therefore the significant increase to the ICD's budget comes to an end at the end of the third year - i.e. 2011/12. Therefore, it is only the remaining two years of the MTEF 2009/12 cycle that reflect the increase.
To which provinces will the three additional staff members be allocated?
Programme 1 was given a small increase in its budget, with the result that funds may allow for expanding the support staff structure in the following three provincial offices: Limpopo, the Free State and Mpumalanga.
The Portfolio Committee on Police supports the budget allocation of the Independent Complaints Directorate for 2010/11 and the 2010 MTEF and recommends that Budget Vote 22 be passed. The Democratic Alliance (DA) abstained.
The Committee examined the Budget Vote of the Police (Vote 24) for the 2010/11 financial year as well as the projection of the Medium Term Expenditure Framework (MTEF) for 2011/12 and 2012/13 which are included in the Estimates of National Expenditure (ENE) 2010. The budget was examined in conjunction with the Department's Strategic Plan 2010 - 2014 and the Annual Performance Plan for 2010/11.
The current financial year (2010/011) marks the end of the Department's long-term Strategic Plan that covered the period between 2005 and 2010. However, most of these same priorities are still captured in the Department's latest long-term Strategic Plan covering the period between 2010 and 2014.
Maintaining security at major public events.
The challenge that has been laid by Government for all Departments in the Justice, Crime Prevention and Security (JCPS) Cluster is that they must work towards achieving one outcome - 'to ensure that people are safe and feel safe. The Department of Police takes the lead in this regard. This outcome can be achieved once crime levels go down significantly to a point where citizens would no longer fear for their lives and/or property. It is an outcome which is directly in line with one of the top five priorities for Government, which is to fight crime and corruption in the next five years and make everyone feel safe.
Increasing the detection rate of these crimes from 13.8 per cent to 34 per cent.
Reducing all serious crimes categories (including high-contact crimes and "trio-crimes") by 4 -7 per cent.
Increasing the contact crime detection rate from 52.5 per cent to 57.5 per cent.
Although the Department still focuses its attention on crime prevention and visible crime deterrence, more emphasis for 2010/11 (and going forward) has been placed on increasing the capacity of the detectives in order to complement and supplement crime prevention efforts. The focus on crime prevention for the past ten years has seen the Department increasing in size and strength, as the number of police officials began to grow from 119 000 in the late 1990s to 185 275 by November 2009. The increase has particularly been in Programme: Visible Policing, which hosts police stations and most crime prevention activities such as patrols, beats, and stop-and-searches.
Generally, police work needs investment in human resources. Plans to ensure a constant provision of human resources to improve investigation capacity and other support services are in place. The President indicated during the 2010 State of the Nation Address that, over the next three financial years, the number of police will increase by 10 per cent. All these plans are meant to stabilise the crime situation and progress will be evaluated in 2014.
However, for 2010/11, the fight against crime is set to take a specific and narrowly defined approach that seeks to direct attention to particular offences, mainly the "trio-crimes" as well as contact crimes. These types of crimes are primarily responsible for the decrease in safety levels throughout the country and, thus, addressing them swiftly may go a long way in changing people's perceptions about safety and security in the country. This particular approach places more weight on increasing, among other things, the crime intelligence services as well as the investigation capacity within the detective services. Accordingly, the Police budget for 2010/11 has responded positively to this approach, as the allocation for Programme: Detective Services showed an increase of 8.53 per cent in real terms, while Programme: Visible Policing showed a decrease of -1.77 per cent in real terms.
The capacitation of the Detective Services will not only rely on increasing the number of investigators, but will be accompanied by technological advancement that will facilitate and enhance the Department's investigation capabilities so that crimes can be solved promptly and be brought to court for prosecution with sound evidence. Thus, the allocation for Sub-programmes: Criminal Record Centre and Forensic Science Laboratory increased in real terms by 49.85 per cent and 33.60 per cent respectively. In line with plans for technological advancement, the allocation for computer services increased from R1.7 billion to R2.9 billion, which, in nominal terms is a 64.7 per cent increase. Evidently, the budget allocation in this regard seems to complement the Department's objective of enhancing the hi-tech approach to investigations.
The Department of Police has five Programmes namely Administration, Visible Policing, Detective Services, Crime Intelligence, and Protection and Security Services. The overall budget increase for 2010/11 is 3.43 per cent in real terms compared to the previous financial year's increase of 6.12 per cent. This rather modest increase could be explained by the recent world economic downturn that affected most economies.
Despite that challenge, Programme: Administration increased by 7.05 per cent compared to the previous increase of 5.90 per cent in real terms and takes up 35 per cent of the total allocation for 2010/11. Programme: Visible Policing, which receives the largest allocation due to its size in personnel numbers makes up 38 per cent of the total allocation and received, in real terms, a decrease of -1.77 per cent (compared to the previous year's increase of 4.92 per cent, which was, however, the smallest increase when compared to other Programmes).
During the previous financial year (2009/10), Programme: Crime Intelligence received the biggest real percentage increase of 12.5 per cent despite being the smallest Programme in the Vote. However, in 2010/11, it received a 3.17 real per cent increase, while Programme: Detective Services received the biggest percentage increase of 8.53 per cent and makes up 17 per cent of the total budget. Thus, in summary and as reflected in the Table 1 below, all Programmes receive a real increase during the 2010/11 financial year, with the exception of Visible Policing.
A large proportion of the SAPS budget goes to compensation of employees which includes inter-alia, salary costs and social contributions such as allowances (scarce skills and promotions), incentives, overtime, Government contributions to pension fund and medical aid. The allocation for compensation of employees is around R37 billion (70 per cent of the total budget) while R12 billion is allocated for goods and services.
The purpose of Programme: Administration is to develop policy and manage the Department. It also provides administrative support.
The allocation for Programme: Administration increased by 7.05 per cent in real terms compared to the previous increase of 5.89 per cent. In the previous financial year, the allocation to the Minister had a real increase of 0.81 per cent. However, in the current financial year, this allocation decreased by -0.77 per cent in real terms. On the other hand, however, the allocation to the Deputy Minister had an increase of 0.42 per cent. Sub-programme: Management, whose allocation also includes a portion that constitutes a budget for the Secretariat of Police, increased by 6.47 per cent.
Sub-programme: Corporate Services receives the biggest allocation within Programme: Administration. It was allocated R16 billion for the current financial year compared to the previous allocation of R14 billion. This year's allocation showed a 7.24 per cent real increase compared to the previous year's 5.66 per cent. A huge amount of this allocation goes toward contributions for medical aid. This sub-programme also consists of the Training Division which has been allocated R1.3 billion compared to R1.1 billion that was allocated for the previous financial year.
The purpose of Programme: Visible Policing is to enable police stations to institute and preserve safety and security, and provide for specialised interventions and the policing of South Africa's borderlines.
Programme: Visible Policing is one of the priority programmes of the Department. It has three sub-programmes, namely Crime Prevention, Borderline Security and Specialised Interventions. The Programme takes the biggest chunk of the total budget allocation due to its size in personnel numbers. In the current financial year, it received 38 per cent of the total allocation (R20.7 billion), while during the previous year it received 41 per cent (R19.7 billion). In total, it received -1.77 per cent real decrease compared to the previous year's real increase of 4.92 per cent.
With regard to the FIFA 2010 Soccer World Cup, a total amount of R1.3 billion was allocated over the Medium Term Expenditure Framework (MTEF) period. The final allocation of that amount is R640 million to be utilised in the current financial year largely on personnel-related matters, including payments for overtime, subsistence and transport. Other equipment acquired at the initial stages of this expenditure will be utilised for crime prevention purposes during and after the tournament.
Sub-programme: Crime Prevention is the face of the Department since it constitutes most core policing activities that translate into actual service delivery at ground level, as police stations fall within it. It also entails community and/or sector policing as well as other crime fighting initiatives such as patrols, beats, roadblocks and stop-n-searches. The category of 'crimes dependent on police action for detection' arises from this sub-programme. Basically, most initiatives that employ proactive policing measures aimed at achieving Government's objective of reducing violent/contact crimes, including trio-crimes (robbery, business robbery, and car-jacking), reside within this sub-programme.
It should be noted, however, that the decrease in real terms received by Programme: Visible Policing also affected its sub-programmes, which was an inevitable consequence. Thus, sub-programme: Crime Prevention received -1.05 per cent decrease placing its allocation at R19 billion. Sub-programme: Borderline Security received -4.40 per cent decrease placing its allocation at R229 million, whilst the allocation for sub-programme: Specialised Interventions plummeted by -9.96 per cent placing its allocation at R1.4 billion. The Programme is still one of the Department's priorities. However, the level of emphasis given to it, as expressed in the budget allocation, has somewhat shifted towards Programme: Detective Services. Therefore, the 2010/11 allocation for this Programme will merely serve to ensure that the baseline is maintained.
The purpose of the Programme is to enable the investigative work of the SAPS, including providing support to investigators in terms of forensic evidence and the Criminal Record Centre.
Crime Investigations: accommodates detectives at police stations, who investigate general crimes as well as serious and violent crime.
Criminal Record Centre: funds criminal record centres, which manage criminal records.
Forensic Science Laboratory: funds forensic science laboratories, which provide specialised and technical analysis and support to investigators in relation to evidence.
Specialised Investigations: hosts the DPCI (Directorate for Priority Crime Investigations) which specialises in combatting organised crime.
Programme: Detective Services received a total allocation of R8.7 billion with a real increase of 8.5 per cent. This Programme received significant increases which reflect Government's emphasis on it as one of many priorities.
Accordingly, sub-programme: Crime Investigations received R6.1 billion which was 2.3 per cent increase in real terms. Sub-programme: Criminal Record Centre received the biggest real increase of 49.8 per cent from R696 million to R1.1 billion. This allocation is in line with Government's objective of capacitating forensic investigations as a vital aspect of crime detection, and it is also in preparation for the implementation of the first phase of the Forensics Bill that deals with fingerprinting - a function that resides within this sub-programme.
Likewise, sub-programme: Forensic Science Laboratory had 33.6 per cent real increase, which saw its allocation rising from R404 million to R576 million. These notable increases are a fulfilment of Treasury's commitment that was made during the 2009 Budget Speech where it was stated that R5.4 billion had been set aside for overhauling the forensics environment over the MTEF period. The fulfilment of this commitment is working toward the realisation of a revamped criminal justice system which has a separate inter-sectoral budget of R900 million compared to the previous year's allocation of R200 million. Lastly, a new sub-programme hosting the DPCI is called Specialised Investigations. It received R909 million which was 3.76 per cent real increase from R821 million that was allocated to it in the previous financial year.
The purpose of Programme: Crime Intelligence is to manage crime intelligence and analyse crime information, and provide technical support for investigations and crime prevention operations.
Crime intelligence Operations: provides for intelligence based crime investigations.
Intelligence and Information Management: provides for the analysis of crime intelligence patterns to facilitate crime detection, in support of crime prevention and crime investigation.
Programme: Crime Intelligence receives 4 per cent of the total allocation hence it is the smallest Programme in the Vote, with only two sub-programmes, namely Crime Intelligence Operations as well as Intelligence and Information Management. The Programme was allocated R1.8 billion compared to the previous year's allocation of R1.7 billion, which reflected 3.17 per cent real increase. During the previous year's allocation, the Programme received 12.25 per cent real increase which translated into significant increases for both sub-programmes. However, in the current financial year, sub-programme: Crime Intelligence operations had a decrease of -4.84 per cent, while sub-programme: Intelligence and Information Management had an increase of 10.50 per cent.
The purpose of programme is to provide Protection and Security Services to all identified dignitaries and Government interests.
VIP Protection services: provides for the protection in transit of the president, the deputy president, former presidents and their spouses, and other identified dignitaries.
Static and Mobile Security: provides for the protection of: other local and foreign dignitaries; the places in which all dignitaries, including those related to the president and deputy president, are present; and valuable Government cargo.
Port of Entry Security: provides for security at ports of entry and exit, such as border posts, airports and harbours.
Rail Police: provides for security in the railway environment.
Government Security Regulator: provides for security regulation, evaluations, and the administration of national key points and strategic installations.
Operational Support: provides for administrative support for the programme, including personnel development.
Programme: Protection and Security Services has six sub-programmes, and has been growing rapidly in size since its inception in 2004. For the 2010/11 financial year, it received R3 billion compared to R2.6 billion given to it during the previous financial year. Overall, the total allocation for the Programme was slightly lower in real terms as it was 6.14 per cent compared to 7.89 per cent reflected in the previous year's allocation.
Sub-programme: VIP Protection Services received R400 million, which showed a 3.74 per cent real increase compared to the previous real increase of 0.57 per cent. Sub-programme: Operational Support received a real increase of 3.65 per cent whereas, in the previous financial year, its allocation had decreased by -1.78 per cent. This year, a decreased allocation of -2.71 per cent went to sub-programme: Government Security Regulator which, previously, had received a real increase of 15.66 per cent. Although the biggest allocation within the Programme goes to sub-programme: Ports of Entry, it received a lower increase of 8.60 per cent in real terms compared to last year's increase of 14.18 per cent.
Members noted that R1, 118 billion was budgeted for capital works and questioned what this allocation includes. Further questions were raised regarding the number of police stations built annually, compared to the amount budgeted for and the long term capital infrastructure plans.
According to the SAPS the capital works programme makes provision for services to be executed by the Department of Public Works on behalf of client departments to construct policing infrastructure. The capital works programme, inter alia, consists of the construction of new police stations, accommodation and other facilities such as training facilities, garages, shooting ranges and mobilization units. Furthermore, major maintenance and repairs including rehabilitation, renovation, sewerage, water systems, major electrical and upgrading, are also provided for. However, the primary focus for the utilization of the amount allocated for capital works is the establishment or re-establishment of police stations and related accommodation. Apart from the Department of Public Works being responsible for the execution of the Works Programmes, the Department has its own human resource capacity responsible for executing maintenance projects.
The construction of new policing infrastructure allows for low cash flow estimates during the first year. Subsequently expenditure trends peak during the second year and only retention funds are payable during the final phase of the project. Therefore, cash flow requirements are dependent on the phase of construction of various building projects, over a multi-year period.
The SAPS has developed a long term capital infrastructure plan that is currently being processed for approval by the National Commissioner. It is estimated that an amount of R1,118 billion (2010/2011), R1,235 billion (2011/2012) and R1,544 billion (2012/2013), will be spent on new capital works annually during the period 2010 to 2013. The plan includes prioritising infrastructure pojects that focuses on the establishment of new police stations and related accommodation.
The Committee expressed concern about delays with the building of new police stations and stated that it remains the responsibility of the SAPS national management to avoid these delays. Further concern was noted regarding relations between the SAPS and the Department of Public Works that seem to be stained causing ongoing delays with the role out of new infrastructure.
Provincial Commissioners reported that they have excess firearms. Members questioned whether this is contributing to the number of illegal firearms in circulation.
The SAPS stated that it is required that a five percent safety stock level, for emergencies, be maintained at all operational stations, which will assist in providing extra resources when needed. The management and redistribution of resources within the province is the responsibility of the Provincial Commissioner. The Department further stated that no correlation exists between the number of safety stock firearms within the provinces and the number of illegal firearms.
Departmental policies (Standing Orders 21, 48, 51 and 52) have been developed, circulated and implemented.
Safes were bought and issued to members.
Certification functionality for firearm verification was developed on the Provisioning Administration System (PAS).
The marking of all firearms with the SAPS emblem, serial number and bar code, for better identification, was initiated.
Parade inspections are conducted by provincial offices at stations, units and section levels.
A National Cross Functional Team conducts regular visits within the provinces to detect deficiencies.
A training curriculum was developed to ensure compliance with the Firearms Control Act.
The Firearm Permit system was developed and is being implemented.
The Divisions: Forensic Science Laboratory and Supply Chain Management are currently testing all police weapons, in order to record specimens from these weapons on the Integrated Ballistic Information System (IBIS), prior to issuing these weapons to SAPS members. The recording of official weapons on the IBIS system will ensure the linkage thereof to crimes committed with official firearms.
Management reports are presented to Provincial Commissioners on a quarterly basis as to address discrepancies in the accounting of firearms.
A Prevention of Firearm Losses Committee Task Team was established within the Department. The Task Team conducts regular inspections in provinces.
National and Provincial Inspectorate components perform announced and unannounced inspections at stations, units, provincial and national level, on a continuous basis.
Members questioned how the ratio of personnel to vehicles is determined and whether circumstances and terrain at each police station are taken into consideration.
The SAPS stated that the Resource Allocation Guide (RAG) is a basis to determine the number of posts required to perform policing activities at local level (police station), as well as the allocation of key physical resources like vehicles, IT equipment, etc. The programme consists of ratio analyses, standard times, time percentages, and time estimates (required) of specific elements of tasks or activities performed at the Crime Prevention Unit, Community Service Centre, Detective Service, Crime Information Analysis Centre and Support Services (e.g., Human Resource Management) at police stations of the SAPS. The nature of the terrain (tarred roads - flat or mountainous / dirt road -flat, mountainous and sandy / distances that need to be travelled) and type of duty to be performed (administrative or operational), are some factors that are considered when purchasing vehicles.
In terms of an Instruction issued to all Divisional and Provincial Commissioners (National Circular Q22/7/8, dated 29 March 2007) the criteria is defined for the allocation of vehicles within the Department.
The type and configuration of a vehicle must be considered when vehicles are allocated. For example, 4x4 vehicles are not to be allocated for city driving and sedans are not to be allocated for use in mountainous terrain.
The purpose for which vehicles will be used must also be considered when they are allocated.
Members enquired about the low detection target rates and whether these rates are acceptable, taking into account the increase in personnel, resources and training for this programme. The reason for consulting the National Prosecuting Authority to determine a baseline and target for court-ready cases was further questioned.
The SAPS indicated that the detection rate refers to cases finalized by the detectives for prosecution, cases resolved through investigation without prosecution (e.g. recovery of wondering stock which is often reported stolen) and cases withdrawn by complainants during investigation and in courts.
The Department's priorities, strategies and funding projections respond directly to the issues relevant to the Department that were raised in the State of the Nation Address, the Government Programme of Action and the Medium Term Strategic Framework. One of these priorities is to enhance the capacity of detectives, forensic and intelligence services. More members are recruited and enlisted on an annual basis towards these services as to ensure adequate policing capacity for service delivery improvement.
With regards to the Detective Service an implementation plan to increase the number of detectives was set. During the reporting period from 31 May 2009 to 28 February 2010, the human resource capacity of the detectives increased by 2 102 reflecting a total of 23 419 detectives, which indicates a growth of 9.8%. In respect of the training provisioning plan for the 2009/2010 financial year, the detectives targeted to be trained was 12 928. The total number of members trained by 31 January 2010 was 10 636.
The increases affected in the 2009/2010 financial year, in terms of the number of detectives trained and capacity expansion will not translate to immediate radical improvement in performance over the short term, but will impact on future outcomes as these members gain experience. The target range as defined in the Department's Annual Performance Plan for 2010/2011, towards detection rate, provide for this aspect as well as the intention to increase the outcomes in terms of the baseline defined.
With reference to court ready case dockets, there is an imbalance in the nodes of delivery between the police services and the justice system that have a direct bearing on detection rates. For example, in Mpumalanga, there are 85 police stations serviced by three prosecutors. Detectives have to take their cases to these prosecutors, often multiple times. Moreover, when they are unable to make a decision on their cases, they are then referred to the DPP in Pretoria. This, in turn, entails these same detectives having to commute to and from Pretoria. In the process of going back and forth other cases are neglected, inevitably impacting on the detection rate.
In order to overcome the problem of determining baseline cases ready for court a common approach between the SAPS and the NPA at provincial level is required. This will reduce inefficiencies, prevent the loss, misplacement or duplication of dockets and allow for more realistic target setting based on actual conditions.
As indicated previously, the detection rate is determined by cases that have been investigated and finalized by detectives and are ready to go to court. These cases are handed over to the NPA who then determine whether to prosecute the alleged offenders or not. It must be noted that the detection rate also includes cases which were finalized by detectives without the need to follow the prosecution route as well as cases which were withdrawn by complainants.
The JCPS cluster monitors these cases on a continuous basis and coordinates interdepartmental crime prevention and security initiatives across the integrated justice system up until conviction by the courts. However, it was noted by the Department of Justice that the SAPS does not have a final decision over conviction rates. The purpose of discussions with the NPA and the courts is to create a continuum in terms of the flow of work. The JCPS cluster will also continue to define mechanisms in order to ensure that the detection rate of high priority crime will increase in the nearby future.
The Committee again stated that the SAPS and the Department of Justice have to align their statistics capturing measures.
Members questioned when the FCS units will be established and operational.
Consultation with the nine Provincial Commissioners has been concluded. The structural proposal design is being finalized. All funded posts in terms of the Resource Allocation Guide (RAG) will be filled during the 2010/2011 financial year. The FCS units will be fully operational by 31 March 2011. Currently all FCS related cases are being investigated by detectives at station level.
The Minister confirmed that these units will be constituted by the end of June 2010 and fully operational by the end of March 2011.
Feedback to complainants on cases registered.
Members noted that complainants say that SAPS never provide feedback on registered cases. Members questioned what process SAPS utilise to ensure that complainants are provided with feedback on registered cases.
Specific enhancements of the Case Administration System (CAS) were effected during 2009. As soon as a case is registered, the complainant receives an SMS via his/her cell phone (if a cell phone number is provided). This SMS contains the case number, the investigating officer's name and contact number.
The above was implemented on 2 March 2009. Since the implementation date, a total of 1 747 836 SMS's were forwarded to complainants. This information is obtained monthly from SITA via Information and Systems Management.
If no cell phone number is provided, the complainant receives a document (SAPS 429) with the case number and contact details of the Unit that will be investigating the case in order to make any enquiries about progress on the case. In rural areas the SAPS 429's are mostly utilized due to lack of proper infrastructure.
The Department concedes that there are shortcomings when it comes to feedback to complainants with regards to court dates and the finalization of their cases. The Department is, however, in a process of improving the complainants' feedback system until their cases are finalized. Further measures are taken by General Investigations: Head Office to monitor the SMS system both electronically and manually on a monthly basis.
Greater focus will be placed during inspections by Head Office to ensure that the detectives give monthly feedback to complainants until their case dockets are finalized. If it is found that feedback is not given to complainants as instructed, disciplinary actions will be instituted.
Members enquired how SAPS utilise informers and how their claims are dealt with.
SAPS stated that information supplied by SAPS informers accounts for many successes achieved by the Department. They are remunerated for the information supplied to both intelligence and detective services. All aspects regarding informers and claims for informers are regulated by National Instruction 2/2001. The National instruction is very explicit in detailing the control measures to be followed, both on the financial aspects as well as the operational aspects.
Members questioned when last the National Commissioner adhered to the SAPS Regulation 26, that outlines the establishment of Job Descriptions and Post Titles.
Section 26 of the South African Police Service Employment Regulations, 2008, requires that job descriptions and titles must be reviewed at least once every five years and, where necessary, be redefined to ensure that they remain appropriate and accurate. The Department complies with the provisions as defined in terms of the prescriptive framework highlighted above.
Members noted that they were informed that SAPS members who worked overtime during the 2009 Soccer Confederations Cup were only paid half of the money due to them. Members questioned whether there was any truth to this allegation and enquired what measures will be taken to prevent a reoccurrence of this during the 2010 Soccer World Cup.
The SAPS stated that an agreement at the Safety and Security Sectoral Bargaining Council (SSSBC), Agreement 4/2009, regulates the payment of overtime to all employees who render policing duties at major sporting events. The Department did comply with the criteria defined within the agreement and honoured all payments of overtime during the Confederation Cup.
The agreement highlighted, is currently being reviewed by the Department. The review process will however be finalised and implemented by the Department before the commencement of the Soccer World Cup.
Members express concern that the SAPS have not set a deadline for finalizing negotiations.
Members noted that its alleged that the higher ranks within the SAPS tend to benefit the most from annual salary increases and further enquired what percentage members at lower ranks get compared to those in higher ranks.
The determination of any conditions of service of employees in the Public Service, including the SAPS, is made at the committee of Ministers. The committee consists of, amongst others, the Minister for Public Service and Administration, the Minister of Finance and other Ministers as the Cabinet may designate.
The Senior Managers in the Public Service received an annual cost of living adjustment of six per cent for the 2009/2010 financial year with effect from 1 January 2010.
A staggered approach was followed for members on salary level 1-12 (Public Service Act Employees) and salary bands A to MMS (SAPS Act Employees). These employees received an annual cost of living adjustment of 13 per cent at the lower levels to a maximum of 10 per cent at the higher levels, with effect from 1 July 2009.
Members questioned the need to establish a Border Management Agency while the Border Control Coordinating Committee (BCOCC) already exists and how this new agency will enhance border policing.
The SAPS stated that there is a need to establish a Border Management Agency to deal with border issues in line with international best practice. The Border Control Coordinating Committee (BCOCC) is more of a committee coordinating activities from different departments involved in border control.
Members questioned the average figure of 50 per cent decrease in the number of escapes from police custody, noting that in reality the incidence of escapes from police custody is increasing.
According to the SAPS the number of escape incidents reflected is 905 incidents for 2006/07, 664 incidents for 2007/08 and 719 incidents for 2008/09. The average number of escapes during these three years is 762.
In addition the Department has set a target to decrease the number of incidents with 50 per cent, during the 2010/2011 financial year.
Guidelines are being developed for police stations to ensure effective and efficient detention management. These guidelines focus on the relevant organizational instructions that are already incorporated in the Department's Standing Orders.
Specific trends and tendencies of escapes will be identified and mechanisms developed and introduced to prevent further escapes.
Furthermore, once an escape occurs, the Department registers a criminal case for investigation and institutes immediate disciplinary proceedings, against the member(s) involved.
Members questioned the impact of policing in communities when SAPS members are taken from police stations to police this event.
According to the SAPS there will be no negative impact on policing in the communities during the FIFA World Cup. Policing of this event is part of local policing activities. Officers from local police stations, including reservists, are not going to be deployed outside their policing precinct. They will carry on with their normal service delivery, at community service centres and crime prevention duties, within their precinct, including event venues. Police officers are not going to be deployed inside the stadiums/venues, but at strategic points like routes, hotels, tourist attraction areas, shopping malls and/or any other concentrated area, including identified crime hot spots in the station area.
SAPS members that will be deployed, specifically for the FIFA World Cup, are from National and Provincial specialized units, like the Special Task Force, National Intervention Units and VIP units (for Teams and VIP protection), and Public Order Units (for crowd management at stadiums and venues).
Therefore, policing in the communities will, instead, benefit from the policing of this event, as there will be more resources that will enhance police visibility within police precincts, where FIFA World Cup activities will be taking place.
The Committee expressed concern that the Department's plan to combat Human Trafficking during the FIFA 2010 World Cup does not include women.
Members questioned what plans are in place to prevent Human Trafficking during the 2010 FIFA Soccer World Cup.
The Department is part of interdepartmental processes aimed at the prevention of human trafficking. In this regard, the Department is a member of the Priority Committee on Child Protection during the FIFA World Cup period led by the Department of Social Development and the Human Trafficking Steering Committee led by the National Prosecuting Authority.
identifying children in need of care and protection, which will include children living in the streets, children at risk of being used by an adult to commit crimes and those at risk of being trafficked.
equipping SAPS members to identify and address children living and working on the streets.
creating and implementing awareness programmes at the national, provincial and local levels regarding abuse, exploitation and trafficking of children.
providing services to unaccompanied children and refugee children.
The Department further participates in the development of a campaign aimed at raising awareness of issues that make people vulnerable to trafficking, targeting the FIFA World Cup period. The campaign is led by the National Prosecuting Authority and also includes the Departments of Social Development and Education. This campaign will also provide information on steps that can be taken for assistance should one be in danger of being trafficked. Referral networks will be set up in order to access probation services and secure care facilities where needed.
Members questioned how the 2010/11 budget allocation will assist poor performing police stations.
This budget will assist the poor performing police stations by ensuring that additional crime prevention actions are performed at police stations, that more borderline policing actions are undertaken, that the detection rate for contact crimes and crimes dependant on police action for detection are improved from 42,86% to between 43%-60% and that increased cluster and ad hoc actionable intelligence operations on contact crimes are performed.
The Constitution and the South African Police Service Act, 1995 (Act No. 68 of 1995), section 2(1) (a) provides for the establishment of the National Police Civilian Secretariat by the Minister of Police.
Evaluate the functioning of the Service and report to the Minister thereon.
The Police Civilian Secretariat's budget is incorporated into Programme: Administration of Vote 24 of the Department of Police. Sub-programme: Management, whose allocation also includes a portion that constitutes a budget for the Secretariat of Police, increased by 6.47 per cent in real terms compared to 8.76 per cent of the previous year. This year's allocation to the Secretariat is estimated to be around R21 million - an amount that is expected to assist in the re-organisation of this structure.
The Secretariat is currently undergoing institutional reform in order for the Minister to fulfil his constitutional and legislative obligations. To this end a new legislative framework for the Secretariat is being finalised. Furthermore, the Secretariat has developed five key components that will engage in the process of policy development and research; monitoring and evaluation; partnership management; support services, and the Office of the Secretary.
A new management team led by the new Secretary of Police has been appointed by the Minister together with three new Chief Directors in the Policy and Research, Monitoring and Evaluation and the Partnership Units.
Policy and Strategy: Strategic and indicative planning, research and the formulation of departmental policy proposals, which when approved by the Minister, would guide the activities of SAPS.
Audit and Monitoring: The monitoring of the Department's budget to ensure alignment with the policies approved by the Minister. Monitoring the effectiveness and efficiency of the implementation of these policies.
Providing Ministerial support services: Including the management of international and stakeholder liaison as well as provide legal services.
Communication: The implementation of a communication strategy aimed at informing and mobilising role players, stakeholders and partners outside the Department regarding the delivery of safety and security.
Accountability: To account to the Minister and to Parliament on issues and activities from time to time or as requested.
The Committee noted that communication is listed as one of the key functions of the Secretariat and yet the budget reflects only a small amount allocated to this function.
The Secretariat stated that the majority of their communication will occur through the Partnership Unit of the Secretariat and has been included in the planning and budgeting of this Unit. In addition, each of the other two units have incorporated communication as part of their general plans and budgeting. The communication budget listed under the Secretary of Police's office refers to website upgrade and specific communication projects that will be directed from the Secretary's Office such as the release of the crime statistics and the Annual Report of the Secretariat.
The Committee enquired if the Secretariat is involved in policy and strategic developments occurring in the department and whether the Committee in future will be briefed on these issues.
The Secretariat is increasingly addressing policy and strategic issues in consultation with the Minister of Police. There are a number of areas, such as Police Reservists, where it would be important that the Portfolio Committee is briefed. Based on this, there is a need for more regular and structured briefings to the Portfolio Committee. The Secretariat would like to engage the Portfolio Committee through such briefing notes or formal presentations. In addition, the Committee Chairperson is welcome to request the Secretariat to brief the Committee on issues and approaches as the need arises.
The Committee questioned whether the Secretariat will be involved in the monitoring of the security arrangements and implementation of security plans around the FIFA World Cup.
The Secretary stated that there are already complex processes in place from the public, media, portfolio committees, government and the FIFA organizing committee. Given the significant public participation in the FIFA World Cup the Secretariat has decided to focus on improved and sustained service delivery issues. Based on its current capacity the Secretariat will evaluate generally how the World Cup security plan were implemented but will not be engaged in the day to day monitoring of the plan.
Members questioned the different roles of the ICD, Inspectorate and the Secretariat.
The Inspectorate of SAPS is an internal unit that focuses on quality control over national instructions, internal audits and compliance. The ICD largely focuses on deaths as a result of police action and other complaints related to abuse of police powers. The Secretariat focuses less on individual complaints, but rather on the broader policy and monitoring issues with the view to impacting on the broader transformation of the service. The Secretariat is independent from SAPS and advises and reports to the Minister of Police on these matters.
Members questioned whether the Secretariat has the staffing capacity to meet set targets.
The targets set between April and June were the building blocks for the role the Secretariat needs to play going forward. While acknowledging that the Secretariat does not have the capacity to do everything it will use its relationships and partnerships with civil society and provinces to assist in reaching such targets.
With regard to the staff complement, this is a matter that is currently being discussed with the DPSA and the Minister. This is being done in order to ensure that the Secretariat is able to implement the new legislation and have the capacity to implement the Strategic Plan presented. A lot of work has been done on the new staff establishment and the Secretariat is confident that by the end of May 2010 it will be in a position to implement all aspects of the Strategic Plan.
Members questioned the relationship between the National Secretariat and the nine Provincial Secretariat and whether the National Secretariat plays a role in mobilizing the role players in the provincial departments for the community safety forums.
When the legislation is presented it will become clear that the National Secretariat has opted for a collaborative approach to engage with the Provincial departments. Part of this approach will involve the establishment of a provincial forum comprising of all Provincial Secretariats. This forum will be guided and assist the Police Civilian Secretariat with regard to strategic priorities and implementation of such priorities. The National Secretariat will work with the Provinces towards the implementation of the 10 pilot Community Safety Forums.
Members questioned the monitoring role of the Secretariat regarding the outputs of the ICD recommendations to the SAPS.
A key area of work of the Secretariat is to monitor the implementation by SAPS regarding the ICD's recommendations. Regular feedback will be provided to the Minister on any problems that may arise regarding the implementation of recommendations.
Members enquired whether the Secretariat will be conducting research into the distribution of SAPS vehicles.
There is currently an initiative being developed by the National Commissioner to address fleet management within SAPS. The Secretariat will be monitoring the impact, gaps and weaknesses in the Department's approach and will report to the Minister.
The Chief Directorate: Justice and Protection Services Safety of the Public Finance Division within National Treasury briefed the Committee on the SAPS Budget for 2010/11. The National Treasury provided an analysis of some of the key components of the budget including: broad expenditure trends over time, a breakdown of the 2010/11 economic classification items in the budget and a breakdown of the budget into programmes.
The National Treasury noted that the highest budget growth per economic classifications was salaries, capital expenditure for buildings, maintenance and equipment.
The Committee expressed concern about the maximum virament (funds transferred between programmes) of 8 per cent and that the SAPS always use the Visible Policing Programme's budget for this purpose.
SAPU raised concerns regarding the new rank system that will result in anxiety and fear. Further concern was expressed about the continuous reshuffling of members that result in lost promotional opportunities.
POPCRU stated that a flatter organisational structure is required and that restructuring should be focused at reducing the provincial and national structures in order to improve co-ordination. The redeployment to station level of certain specialized operational functions will ensure that crimes are investigated where they occur.
The lack of promotions in the SAPS is of great concern to POPCRU who stated that at the rank of inspector, SAPS members are often frustrated due to a lack of upward mobility. Further concern was raised regarding the filling of vacant posts by external candidates while capable members are not considered for promotions.
SAPU and POPCRU assured members of the Committee that their members are committed to ensure that a quality police service is rendered during the event. They expressed unhappiness in the manner the SAPS management has been handling the payment of overtime issue but remain hopeful that the current policy will be reviewed.
The Committee encourage the SAPS to continue in its quest to reduce serious crime by 7-10 per cent and not 4-7 per cent as indicated in the SAPS strategic plan and further urge the department to reconsider this position. Further interaction on this matter may be required.
The Portfolio Committee on Police supports the allocations to the following programmes: Administration, Visible Policing, Detective Services, Crime Intelligence; Protection and Security Services and recommends that Budget Vote 24 be passed. The Democratic Alliance (DA) abstained.
The Portfolio Committee on Police will continue to fulfil its Constitutional obligation, guided by the rules of Parliament in providing oversight over the functioning of the Department of Police to ensure that the SAPS and the Secretariat function effectively in line with their legislative and policy requirements.
<fn>GOV-ZA.3506191En.2012-02-10.en.txt</fn>
Consolidated General Report of the Auditor-General on the Local Government audit outcomes for 2009-10 [RP 92-2011].
Report of the Registrar of Short-term Insurance for 2009 [RP 68 -2011].
Report of the Registrar of Long-term Insurance for 2009 [RP 69 -2011].
Report of the Portfolio Committee on Science and Technology: Visit to the Square Kilometer Array (SKA) in Carnarvon and the South African Large Telescope (SALT) in Sutherland, 29 - 30 March 2011, dated 22 June 2011.
The Portfolio Committee on Science and Technology visited SKA and SALT on 29 and 30 March 2011. The main purpose of the visit was for the Committee to familiarise themselves with the locations for the telescopes and also to deepen their understanding of the different projects. SALT and SKA were two examples of Government's efforts to exploit South Africa's geographic advantage for space-related research, and to harness the benefits of space science and technology for socio-economic growth and sustainable development. The visit followed the Department of Science and Technology's detailed brief on the progress with regard to SKA.
The Committee learnt that the Karoo region of the Northern Cape Province was ideal for SKA and radio astronomy, given its lack of radio frequency interference from man-made sources. The Astronomy Geographic Advantage Act (No 21 of 2007), further protects the actual SKA site and immediate area surrounding it as a radio astronomy reserve. The Act provides strict regulations controlling the generation and transmission of interfering radio signals in the reserve and the area around it.
The SKA offices were situated in Klerefontein. It was a building which had been refurbished to house offices, workstations, a mechanical laboratory, a boardroom and an entertainment area. It was approximately 80 kilometres from the site.
Members were shown a dish assembly shed where the dish moulding takes place. The moulding process was explained to involve moulding the dish from fibre glass composite and resin. A steel backing structure was attached to the dish for support. Flame spraying was the final step in putting the white reflective surface on the dish.
Members saw two control rooms, one located at KAT-7 which was occupied by astronomers and the other was an on-site control room during operations. The Cape Town control room located in Pinelands remains the main engineering room from where the telescope will be operated.
Members were taken to the MeerKAT site where the 7 dishes had been erected.
The completed KAT-7 array was an important engineering test-bed for technologies and systems for MeerKAT, and would also be used as a scientific tool.. There were already several requests from radio astronomers around the globe who wanted to use it as a science instrument.
The MeerKAT sub-systems employ a number of novel technologies which were in the mainstream of SKA development. The MeerKAT design process would provide important deliverables for the SKA South Africa Project, as expected from the precursor instruments. In addition to the pioneering use of composite materials for the dish reflector surfaces and structural components (KAT-7 was the world's first radio telescope with dishes made of fibre glass), design challenges include the development of very wide band waveguide feeds and receivers, low-cost cryogenic systems for cooling the receivers, direct digital sampling systems, high speed digital signal processing systems, algorithms for astronomy data processing, high performance computing platforms that match the algorithms, and very fast data transport networks.
An explanation was given on how the receivers on the dish worked. The receiver was that component that receives radio waves and translates it into a digital signal that was transported via optic fibre to the correlator, which in essence processes the data received. At the time of the visit, five receivers had been installed.
In 2000, South Africa and its international partners joined forces to build the largest single optical telescope in the southern hemisphere, with a hexagonal mirror array 11 metres across. An observation required the primary mirror to be stationary and the instruments move across on a tracker, which follows the Earth's rotation. The Southern African Large Telescope (SALT) is situated alongside the telescopes of the South African Astronomical Observatory (SAAO) on a hilltop close to Sutherland in the Northern Cape Province.
Upon viewing SALT, Members were told that their visit coincided within the period the telescope became fully functional and that it would be used that evening for viewing. The telescope had initial challenges with regard to image quality (IQ). The efficiency of the spectrograph was greatly reduced compared to what had been expected.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 83â2011 cleaning them where necessary. The mirrors were all realigned and tested with a computer generated hologram. It was later reported that the viewing which took place that night, had been very successful and very good astronomical images had been obtained.
The SAAO hostel facilities mainly accommodated visiting astronomers and technical staff. Staff based in Cape Town rotated and travelled on a weekly basis to provide IT and technical support to the operations in Sutherland. Visiting astronomers could also make use of the facilities but had to book time on a specific telescope months in advance and could stay for a period of two weeks depending on the allocation of the instruments and telescopes.
Members were shown the smaller telescopes. The small telescopes played an important role as astronomy instruments for the SAAO and South African astronomy researchers. They were still used for competitive research by both South Africa and international astronomers. They were also used to train future astronomers and were used by South Africa and international universities for postgraduate studies. Other than the SAAO telescopes, there were many other telescopes at Sutherland that were robotic and belonged to other institutions. South African astronomers, however, were able to access data from all these facilities, either as collaborators or working on their own. There had been and continue to be collaborative activities with countries such as UK, USA, Poland, South Korea, India, Germany, Russia and France. These international collaborations were seen as important in the areas of skills transfer and expertise.
Stargazing formed part of the night tours, organised through the Visitors Centre, from Monday to Saturday evening, weather permitting. Approximately 7500 visitors per year toured this centre. Self-guided tours on weekends and public holidays were also available.
The tour-guide, Mr Willem Prins, from the local community, took the Members on a tour through the Visitors Centre. Mr Prins is currently busy with his "Introduction in Astronomy" course via the University of Lancashire.
The Committee was briefly introduced to the team members of the Technical Operations Division. SALT generated employment for twentyone technical operations employees. Seventeen employees were employed on-site and four were based in Cape Town. Four were Sutherland residents, five were from surrounding rural towns and one was from Namibia. One of the four software employees was a paraplegic who was confined to a wheelchair. A further two employees from Sutherland were being trained as artisans. Skills employed in this division include mechanical, electronic, system, software and opto-mechanical engineering and technology. A number of local residents were also employed periodically to see the project through its peaks.
Members visited the school hostel. Since Sutherland High School was the only high school in the district offering science as a subject, learners interested in taking science as a subject often had to travel long distances to attend school. The hostel offered accommodation to those learners, mainly children of farm workers, who study science at the school. The poor conditions at the hostels made it difficult to attract learners to the school, hence a refurbishment was necessary. The upgrades had been made through the efforts of the NRF.
The Community Centre in Sutherland was constructed, mainly through funding sourced by the DST. The town has many social challenges and a high rate of unemployment, with school leavers having very little opportunity of finding employment. The purpose of the Centre was thus to train and equip people with the necessary skills to acquire jobs. The idea was not to merely establish a computer room, but that the Centre be a place for the community to gather and for learners to spend time doing extra school work after hours. Once completed, the Centre would have space for computer training, an after school learning area and a play area for young kids. The outside of the Centre would have a braai area which could be used for evening activities such as telescope viewing and outdoor projection for educational movies. The Centre would be managed by the Board, comprising representatives from SAAO, Karoo-Hoogland Municipality, the two schools in the area, Department of Social Development and the Sutherland Unemployment Forum.
As the purpose of the visits was to orientate Members with the locations and operations of this important variety of science instruments, there had been no formal deliberations. However, the Committee had developed meaningful insight from what the members observed at the two facilities and could relate that to the numerous in-depth space-related briefings that were held at Parliament.
Major astronomy facilities such as SALT and SKA, which are perceived as world-class, would ensure that Africa is a significant contributor to the global knowledge economy.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 83â2011 science and technology through bidding to host the SKA radio telescope, the Committee acknowledged the number of job opportunities already created in the Northern Cape and foresaw this number increasing with continued investment and support during the bid process.
The Department of Science and Technology should continue to keep the Committee informed regarding progress leading-up to the bid to host the international SKA radio-astronomy facility and whether all plans are proceeding as planned. The 62nd International Astronautical Congress, which is scheduled to take place in Cape Town in October 2011, is an important platform to highlight South Africa's astronomy facilities and the Department should make effective use of this opportunity to promote our astronomy.
The Portfolio Committee on Defence and Military Veterans, having considered the subject of the Military Veterans Bill [B1- 2011] (National Assembly - sec 75), referred to it, and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B1A- 2011].
<fn>GOV-ZA.3506611En.2012-02-10.en.txt</fn>
Whether her department has appointed a full-time chief financial officer; if not, why not; if so, (a) who is the person and (b) what (i) qualifications and (ii) work experience does this person have NW2006?
for how long will this continue to be the situation; if so, what are the relevant details NW2010?
whether the National Treasury considered the possible consequences and impact of this suspension on (a) current and (b) future corporate transactions; if not, why not, in each case; if so, what are the relevant details in each case NW2011?
whether he has found a conflict of interest in the retention of a certain benefit services company (details furnished) as the benefit consultant of the said provident funds; if not, why not; if so, what are the relevant details NW2012?
whether she (a) has been or (b) intends cooperating with other relevant Ministers or departments to ensure that these rights of asylum seekers and refugees are protected; if not, why not; if so, (i) with which Ministers and departments and (ii) what are the relevant details of each such cooperation agreement NW2014?
assault have been filed against members of the SA Police Service since 1 January 2009 NW2019?
When does her department expect (a) that the intervention plan to put an end to the practice of raping and murdering lesbians and transgender persons, as referred to in her reply to question 1449 on 22 June 2011, will be completed and (b) to start implementation of the plan NW2021?
whether a date has been set for the completion of the investigation by the liquidators into damages to assets operated under a certain company (name furnished); if not, why not; if so, when NW2022?
What is the breakdown in terms of (a) age and (b) gender of beneficiaries of the National Housing Finance Corporation in each province in the 2010-11 financial year NW2025?
With regard to her department's campaign to process identity document applications during various youth day events, (a) what was the nature of each event, (b) how was each event organised, (c) by whom was each event organised, (d) how many staff members of her department (i) participated in and (ii) attended each event, (e) how many application for identity documents was processed at each event and (f) what amount was (i) budgeted and (ii) actually spent in respect of this campaign NW2026?
whether any expired temporary identity certificates were stamped to allow voters to vote on the said election day; if not, why not; if so, (a) how many were stamped and (b) what is the breakdown of this figure in terms of (i) age, (ii) gender and (iii) people with disabilities in each province NW2027?
how does his department ensure that funds granted are applied as intended NW2030?
Whether offenders who are at risk of (a) sexual violence and (b) exploitation are (i) identified and (ii) separated on admission to correctional centres; if not, why not, in each case; if so, what are the relevant details in each case NW2035?
whether her department has made any representation to the Chinese mission in South Africa about the continued presence of these nationals; if not, why not; if so, what are the relevant details NW2046?
QUESTIONS FOR ORAL REPLY PEACE AND SECURITY CLUSTER 1 26. Ms W Ngwenya (ANC) (p 5)-Correctional Services.
â29. Mrs A Steyn (DA) (p 7)-Rural Development and Land Reform.
â51. Mrs A T Lovemore (DA) (p 13)-Home Affairs.
â98. Mr T W Coetzee (DA) (p 23)-Health.
â109. Ms L D Mazibuko (DA) (p 25)-Basic Education.
â173. Mrs J D Kilian (Cope) (p 37)-Communications.
â181. Mr L Ramatlakane (Cope) (p 39)-Public Service and Administration.
â202. Mr N J J van R Koornhof (Cope) (p 42)-Social Development.
â211. Mrs M N Matladi (UCDP) (p 43)-Home Affairs.
â219. Mrs Z B Balindlela (Cope) (p 45)-Home Affairs.
â227. Dr C P Mulder (FF Plus) (p 48)-International Relations and Co-operation.
â276. Dr H C van Schalkwyk (DA) (p 61)-Communications.
â309. Mr N J van den Berg (DA) (p 69)-Communications.
â340. Mrs H Lamoela (DA) (p 76)-Health.
â353. Mr I O Davidson (DA) (p 80)-Energy.
â383. Mrs J D Kilian (Cope) (p 87)-Communications.
â440. Mr M J Ellis (DA) (p 107)-Water and Environmental Affairs.
â450. Mrs P C Duncan (DA) (p 110)-Health.
â465. Mrs A T Lovemore (DA) (p 113)-Home Affairs.
â485. Mrs D A Schäfer (DA) (p 118)-Finance.
â498. Mr J R B Lorimer (DA) (p 120)-International Relations and Cooperation.
â509. Mr A M Figlan (DA) (p 123)-Social Development.
â606. Mr D J Stubbe (DA) (p 159)-International Relations and Cooperation.
â632. Mr M Waters (DA) (p 164)-Health.
â635. Ms E More (DA) (p 164)-Health.
â641. Mrs H Lamoela (DA) (p 165)-Health.
â660. Mrs A T Lovemore (DA) (p 170)-Home Affairs.
â672. Mr S J Masango (DA) (p 172)-Public Works.
â693. Ms A M Dreyer (DA) (p 178)-Public Service and Administration.
â712. Dr C P Mulder (FF Plus) (p 183)-Home Affairs.
â777. Ms E More (DA) (p 220)-Health.
â798. Mr M Waters (DA) (p 225)-Health.
â860. Mrs J D Kilian (Cope) (p 239)-Communications.
â877. Mr D A Kganare (Cope) (p 242)-Health.
â913. Mrs S P Kopane (DA) (p 285)-Social Development.
â922. Mrs H Lamoela (DA) (p 287)-Health.
â924. Mrs A T Lovemore (DA) (p 287)-Home Affairs.
â944. Dr D T George (DA) (p 292)-Finance.
â974. Dr H C van Schalkwyk (DA) (p 301)-Public Service and Administration.
â1008. Mrs S P Kopane (DA) (p 332)-Social Development.
â1018. Mr N Singh (IFP) (p 334)-Rural Development and Land Reform.
â1029. Mr A P van der Westhuizen (DA) (p 336)-Higher Education and Training.
â1036. Mr M Swart (DA) (p 338)-Health.
â1047. Mr M Waters (DA) (p 341)-Health.
â1049. Mr M Waters (DA) (p 341)-Health.
â1051. Mr E J Marais (DA) (p 341)-Cooperative Governance and Traditional Affairs.
â1089. Mr M Swart (DA) (p 380)-Finance.
â1099. Dr H C van Schalkwyk (DA) (p 382)-Public Service and Administration.
â1120. Mr I M Ollis (DA) (p 386)-Public Works.
â1124. Mr D C Smiles (DA) (p 387)-Basic Education.
â1126. Mr D C Smiles (DA) (p 388)-Basic Education.
â1177. Dr C P Mulder (FF Plus) (p 425)-Energy.
â1246. Mrs N W A Michael (DA) (p 441)-Communications.
â1251. Mrs N W A Michael (DA) (p 442)-Communications.
â1268. Mr M W Rabotapi (DA) (p 447)-Water and Environmental Affairs.
â1271. Mrs S P Kopane (DA) (p 448)-Communications.
â1299. Mr J J van der Linde (DA) (p 480)-Labour.
â1313. Mr M Waters (DA) (p 483)-Health.
â1322. Mr J F Smalle (DA) (p 486)-Social Development.
â1326. Mr D J Stubbe (DA) (p 487)-Health.
â1346. Mr M W Rabotapi (DA) (p 492)-Public Works.
â1358. Mrs D A Schäfer (DA) (p 523)-Police.
â1395. Mr E J Marais (DA) (p 531)-Public Works.
â1422. Mr J J Mc Gluwa (ID) (p 563)-International Relations and Cooperation.
â1425. Mr N J J van R Koornhof (Cope) (p 564)-Water and Environmental Affairs.
â1445. Mrs A T Lovemore (DA) (p 568)-Home Affairs.
â1467. Mr J R B Lorimer (DA) (p 572)-International Relations and Cooperation.
â1468. Mr J R B Lorimer (DA) (p 572)-Justice and Constitutional Development.
â1483. Mr G G Boinamo (DA) (p 575)-Women, Children and People with Disabilities.
â1490. Mrs S V Kalyan (DA) (p 576)-Water and Environmental Affairs.
â1517. Mr M S F de Freitas (DA) (p 605)-Transport.
â1533. Mrs A T Lovemore (DA) (p 609)-Home Affairs.
â1539. Mr E J Marais (DA) (p 610)-Mineral Resources.
â1540. Mr M Swart (DA) (p 610)-Cooperative Governance and Traditional Affairs.
â1543. Mr M Waters (DA) (p 611)-Health.
â1556. Mrs S V Kalyan (DA) (p 613)-Water and Environmental Affairs.
â1557. Mrs S V Kalyan (DA) (p 614)-Agriculture, Forestry and Fisheries.
Mrs C Dudley (ACDP) (p 651)-Energy.
Ms D Kohler-Barnard (DA) (p 657)-Cooperative Governance and Traditional Affairs.
Dr D T George (DA) (p 666)-Finance.
Mr G R Morgan (DA) (p 666)-Water and Environmental Affairs.
FRIDAY, 24 JUNE 2011 1652.
Mr D A Kganare (Cope) (p 695)-Rural Development and Land Reform.
Mr D A Kganare (Cope) (p 695)-Health.
Ms E More (DA) (p 697)-Health.
Dr S M van Dyk (DA) (p 698)-Transport.
Mrs D A Schäfer (DA) (p 701)-Finance.
Mrs D A Schäfer (DA) (p 701)-Water and Environmental Affairs.
Mr J F Smalle (DA) (p 702)-Arts and Culture.
Mr A M Figlan (DA) (p 705)-Rural Development and Land Reform.
Mr G R Morgan (DA) (p 711)-Water and Environmental Affairs.
Mrs J D Kilian (Cope) (p 711)-Communications.
<fn>GOV-ZA.3506671En.2012-02-10.en.txt</fn>
whether she will make a statement on the matter NW2055?
Ms W Ngwenya (ANC) (p 8)-Correctional Services.
Mr J Selfe (DA) (p 8)-Correctional Services.
Questions standing over from Wednesday, 22 June 2011 53. Mr G R Morgan (DA) (p 18)-Water and Environmental Affairs.
Mrs S V Kalyan (DA) (p 20)-Water and Environmental Affairs.
â24. Mr M Waters (DA) (p 6)-Health.
â37. Mr N J van den Berg (DA) (p 9)-Communications.
â49. Dr A Lotriet (DA) (p 12)-Home Affairs.
â56. Mrs N W A Michael (DA) (p 15)-Communications. â57. Mrs N W A Michael (DA) (p 15)-Communications. â58.
â75. Dr J C Kloppers-Lourens (DA) (p 19)-Higher Education and Training.
â103. Mr N J van den Berg (DA) (p 24)-Communications.
â104. Mr N J van den Berg (DA) (p 24)-Communications.
â118. Mrs D A Schäfer (DA) (p 27)-Finance.
â124. Dr H C van Schalkwyk (DA) (p 28)-Communications.
â172. Mrs J D Kilian (Cope) (p 37)-Communications.
â174. Mrs J D Kilian (Cope) (p 38)-Communications.
â217. Mr P J Groenewald (FF Plus) (p 44)-Rural Development and Land Affairs.
â250. Mr N J van den Berg (DA) (p 54)-Communications.
â257. Mr N J van den Berg (DA) (p 56)-Communications.
â270. Mrs D A Schäfer (DA) (p 60)-Finance.
â294. Mr A M Figlan (DA) (p 66)-Social Development.
â298. Mr G G Boinamo (DA) (p 67)-Transport.
â339. Mrs H Lamoela (DA) (p 76)-Health.
â463. Mrs A T Lovemore (DA) (p 112)-Home Affairs.
â474. Mr S J Masango (DA) (p 115)-Defence and Military Veterans.
â505. Mr J J van der Linde (DA) (p 122)-Public Service and Administration.
â507. Mr A M Figlan (DA) (p 122)-Rural Development and Land Reform.
759 Friday, 1 July 2011 â516. Mr S C Motau (DA) (p 124)-Minister in the Presidency: Performance Monitoring and Evaluation as well as Administration in the Presidency. â518. Mrs D Robinson (DA) (p 124)-Minister in the Presidency: Performance Monitoring and Evaluation as well as Administration in the Presidency. â528. Dr S M van Dyk (DA) (p 127)-Transport. â532. Mr N Singh (IFP) (p 128)-Basic Education. â535. Mr K M Zondi (IFP) (p 128)-Health. â543. Mr L S Ngonyama (Cope) (p 129)-International Relations and Cooperation. â544. Mr L S Ngonyama (Cope) (p 130)-International Relations and Cooperation. â565. Mrs J D Kilian (Cope) (p 133)-Communications. â566. Mrs J D Kilian (Cope) (p 133)-Communications. â567. Mrs J D Kilian (Cope) (p 133)-Communications.
â617. Mr M Mnaqsela (DA) (p 161)-Sport and Recreation.
â629. Mr N J van den Berg (DA) (p 163)-Communications.
â666. Mr M H Steele (DA) (p 171)-Public Service and Administration.
â723. Mr V B Ndlovu (IFP) (p 185)-Public Works.
â748. Mr D A Kganare (Cope) (p 190)-Health.
â780. Mr N J van den Berg (DA) (p 220)-Communications.
â783. Mr J Selfe (DA) (p 221)-Correctional Services.
â800. Ms E More (DA) (p 225)-Health.
â874. Mr T Botha (Cope) (p 241)-Cooperative Governance and Traditional Affairs.
â899. Mrs S U Paulse (ID) (p 282)-Social Development.
â915. Mr M Waters (DA) (p 286)-Health.
â939. Mrs A Steyn (DA) (p 291)-Rural Development and Land Reform.
â970. Dr J C Kloppers-Lourens (DA) (p 299)-Higher Education and Training.
â997. Mr P D Dexter (Cope) (p 305)-Energy.
â1033. Dr A Lotriet (DA) (p 337)-Arts and Culture.
â1038. Dr W G James (DA) (p 338)-Basic Education.
â1053. Mr A C Steyn (DA) (p 342)-Human Settlements.
â1082. Mr A M Mpontshane (IFP) (p 378)-Higher Education and Training.
â1084. Ms M R Shinn (DA) (p 378)-Communications.
â1097. Mr P van Dalen (DA) (p 382)-Energy.
â1098. Mr P van Dalen (DA) (p 382)-Energy.
â1108. Dr D T George (DA) (p 384)-Finance.
â1112. Mrs H Lamoela (DA) (p 385)-Social Development.
â1164. Dr G W Koornhof (ANC) (p 422)-Energy.
â1178. Dr C P Mulder (FF Plus) (p 425)-Public Service and Administration.
â1191. Mr M S F de Freitas (DA) (p 429)-Transport.
â1201. Mrs A T Lovemore (DA) (p 431)-Home Affairs.
â1244. Mrs H Lamoela (DA) (p 440)-Social Development.
â1264. Mrs S P Kopane (DA) (p 446)-Health.
â1278. Mr A M Mpontshane (IFP) (p 476)-Higher Education and Training.
â1302. Mrs S V Kalyan (DA) (p 480)-Science and Technology.
â1315. Ms E More (DA) (p 484)-Health.
â1318. Mr P van Dalen (DA) (p 485)-Energy.
â1336. Mr M H Steele (DA) (p 489)-Social Development.
â1340. Mrs A T Lovemore (DA) (p 490)-Home Affairs.
â1350. Mr I O Davidson (DA) (p 492)-Water and Environmental Affairs.
â1359. Mrs J D Kilian (Cope) (p 524)-Communications.
â1365. Dr G W Koornhof (ANC) (p 525)-Water and Environmental Affairs.
â1371. Mr L B Gaehler (UDM) (p 526)-Public Works.
â1391. Dr P J Rabie (DA) (p 634)-Labour.
â1398. Mr M S F de Freitas (DA) (p 532)-Transport.
â1402. Dr A Lotriet (DA) (p 533)-Arts and Culture.
â1406. Mrs S V Kalyan (DA) (p 534)-Justice and Constitutional Development.
â1409. Mr G R Morgan (DA) (p 535)-Mineral Resources.
â1417. Mrs C Dudley (ACDP) (p 636)-President of the Republic.
â1418. Mrs C Dudley (ACDP) (p 562)-Agriculture, Forestry and Fisheries.
â1438. Mrs M A A Njobe (Cope) (p 566)-Human Settlements.
â1444. Mrs A T Lovemore (DA) (p 567)-Home Affairs.
â1452. Mrs D A Schäfer (DA) (p 569)-Finance.
â1454. Mr I M Ollis (DA) (p 570)-Health.
â1457. Dr H C van Schalkwyk (DA) (p 570)-Basic Education.
â1471. Mr D J Stubbe (DA) (p 573)-Police.
â1474. Mr J J van der Linde (DA) (p 573)-Public Works.
â1477. Mr A M Figlan (DA) (p 574)-Social Development.
â1481. Mr G G Boinamo (DA) (p 574)-Transport.
â1486. Mr M Waters (DA) (p 575)-Health.
â1489. Mrs S V Kalyan (DA) (p 576)-Water and Environmental Affairs.
â1494. Mr I O Davidson (DA) (p 578)-Water and Environmental Affairs.
â1499. Dr W G James (DA) (p 579)-Basic Education.
â1508. Mrs G M Borman (ANC) (p 602)-Human Settlements.
â1511. Mr L W Greyling (ID) (p 603)-Energy.
â1514. Adv A de W Alberts (FF Plus) (p 604)-Sport and Recreation.
â1521. Dr D T George (DA) (p 605)-Finance.
â1526. Ms E More (DA) (p 607)-Health.
â1529. Mr S C Motau (DA) (p 607)-Energy.
â1537. Mr A M Figlan (DA) (p 610)-Human Settlements.
â1542. Mr M Swart (DA) (p 610)-Cooperative Governance and Traditional Affairs.
â1545. Mr M Waters (DA) (p 611)-Health.
â1549. Dr J C Kloppers-Lourens (DA) (p 612)-Higher Education and Training.
â1552. Dr W G James (DA) (p 612)-Basic Education.
â1558. Mr N D du Toit (DA) (p 614)-Agriculture, Forestry and Fisheries.
â1562. Mr P J Groenewald (FF Plus) (p 615)-Police.
â1564. Mr N J J van R Koornhof (Cope) (p 615)-Water and Environmental Affairs.
â1567. Mr P D Dexter (Cope) (p 615)-Energy.
â1569. Mr D A Kganare (Cope) (p 616)-Health.
Mr V B Ndlovu (IFP) (p 652)-Police.
Mr R N Cebekhulu (IFP) (p 653)-Agriculture, Forestry and Fisheries.
Ms E More (DA) (p 653)-Health.
Mr M S F de Freitas (DA) (p 654)-Transport.
Mr S B Farrow (DA) (p 656)-Transport.
Mr M Waters (DA) (p 658)-Health.
Mr M H Steele (DA) (p 660)-Cooperative Governance and Traditional Affairs.
Mrs S V Kalyan (DA) (p 660)-Agriculture, Forestry and Fisheries.
Mr M J Ellis (DA) (p 661)-Police.
Mrs D A Schäfer (DA) (p 661)-Justice and Constitutional Development.
Mrs S P Kopane (DA) (p 662)-Social Development.
Mrs J F Terblanche (DA) (p 663)-Tourism.
Dr P J Rabie (DA) (p 664)-Health.
Mr E J Marais (DA) (p 664)-Mineral Resources.
Mr G R Morgan (DA) (p 665)-Health.
Mr M A Nhanha (Cope) (p 667)-Public Enterprises.
Mr L Ramatlakane (Cope) (p 6678-Public Service and Administration.
Mr L W Greyling (ID) (p 693)-Energy.
Mr P J Groenewald (FF Plus) (p 694)-Public Works.
Dr C P Mulder (FF Plus) (p 694)-Human Settlements.
Adv A de W Alberts (FF Plus) (p 694)-Communications.
Dr S M van Dyk (DA) (p 698)-Public Enterprises.
Mr I M Ollis (DA) (p 701)-Agriculture, Forestry and Fisheries.
Mr S J F Marais (DA) (p 703)-Higher Education and Training.
Adv L H Max (DA) (p 703)-Home Affairs.
Mr J R B Lorimer (DA) (p 704)-International Relations and Cooperation.
Mrs A Steyn (DA) (p 705)-Public Works.
Mr G G Boinamo (DA) (p 707)-Transport.
Mrs S P Kopane (DA) (p 708)-Social Development.
Mr D C Smiles (DA) (p 709)-Defence and Military Veterans.
Mrs S V Kalyan (DA) (p 710)-Water and Environmental Affairs.
In terms of the law, employers in this industry must pay minimum wages listed according to job descriptions on the sectoral determination, which are increased annually in September.
They must also provide security officers, free of charge, with uniform, protective clothing and any ammunition tool or weapon required to use for self- defence or apprehension in line of duty.
What is RSS feed?
The Deputy President will be accompanied by Cabinet ministers and senior government officials. The agriculture sector will be represented by delegates from Agri SA, National African Farmers Union South Africa (NAFU SA) and Transvaal Agricultural Union (TAU).
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(HasRights(0x0, 0x4) && HasRights(0x10, 0x0) && currentItemFSObjType !=1 && (serverFileRedirect==null || serverFileRedirect=="" || HasRights(0x0, 0x20))) { if (ctx.isWebEditorPreview==0 && ctx.listBaseType==1) { if (ctx.listTemplate==109 && itemTable.getAttribute("IsImage")=="1") { strDisplayText=L_EditInOIS_Text; strAction="EditSingleImage('"+currentItemID+"')"; strImagePath=ctx.imagesPath+"oisweb.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 240); menuOption.id="ID_EditInOIS"; } else { setDocType(); if (currentItemAppName !="" && currentItemOpenControl !="") { strDisplayText=""; if (currentItemAppName !=" ") strDisplayText=StBuildParam(L_EditIn_Text, currentItemAppName); else { var objEditor=StsOpenEnsureEx(currentItemOpenControl+".3"); if (objEditor !=null) strDisplayText=L_EditInApplication_Text; } if (strDisplayText !="") { strAction="editDocumentWithProgID2('"+currentItemFileUrl+"', '"+currentItemProgId+"', '" +currentItemOpenControl+"', '"+bIsCheckout+"', '"+ctx. HttpRoot+"', '"+currentItemCheckedoutToLocal+"')"; strImagePath=ctx.imagesPath+currentItemIcon; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 240); menuOption.id="ID_EditIn_"+currentItemAppName; } } } } } if (HasRights(0x0, 0x8)) { strDisplayText=L_DeleteDocItem_Text; var isCopy="false"; if (typeof(itemTable.getAttribute("CSrc")) !="undefined" && itemTable.getAttribute("CSrc") !=null && itemTable.getAttribute("CSrc") !="") { isCopy="true"; } strAction="DeleteDocLibItem('"+ ctx. HttpPath+"&Cmd=Delete&List="+ctx.listName+ "&ID="+currentItemID+"&owsfileref="+ currentItemEscapedFileUrl+"&NextUsing="+GetSource()+"',"+ isCopy+")"; strImagePath=ctx.imagesPath+"delitem.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 310); menuOption.id="ID_DeleteDocItem"; } AddGotoSourceItemMenuItem(m, ctx, itemTable, currentItemFSObjType); if (currentItemFSObjType !
(currentItemFSObjType !=1 && ctx.listTemplate==109 && typeof(DownloadOriginalImage)=="function") { strAction="DownloadOriginalImage("+currentItemID+")"; strImagePath=ctx.imagesPath+"download.gif"; strDisplayText=L_DownloadOriginal_Text; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 550); menuOption.id="ID_DownloadOriginal"; } if (HasRights(0x0, 0x4)) { if ((ctx.isModerated==true) && (((currentItemModerationStatus==2) || !ctx. EnableMinorVersions) && currentItemCheckedOutUserId=="" ||currentItemFSObjType==1)) { strDisplayText=L_ModerateItem_Text; strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/approve.aspxList="+ctx.listName +"&ID="+currentItemID+"&Source="+GetSource()+GetRootFolder(ctx)+"')"; strImagePath=ctx.imagesPath+"apprj.gif"; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1150); menuOption.id="ID_ModerateItem"; } if (currentItemFSObjType !=1) { if (ctx.listBaseType==1) { CAMSep(m); AddCheckinCheckoutMenuItem(m, ctx, currentItemEscapedFileUrl); } } } if (ctx.verEnabled==1 || ctx.isModerated) AddVersionsMenuItem(m, ctx, currentItemEscapedFileUrl); if (currentItemFSObjType !=1) { AddWorkflowsMenuItem(m, ctx); CAMSep(m); if (ctx. PortalUrl !=null) { strDisplayText=L_AddToMyLinks_Text; strAction="Portal_Tasks('PinToMyPage')"; ; strImagePath=""; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1000); menuOption.id="ID_AddToMyLinks"; CAMSep(m); } } else if (ctx.listBaseType==1 && HasRights(0x10, 0x0)) { AddWorkOfflineMenuItem(m, ctx, currentItemFileUrl); } if (HasRights(0x80, 0x0)) { strDisplayText=L_Subscribe_Text; strAction="NavigateToSubNewAspx('"+ctx. HttpRoot+"', 'List="+ctx.listName+"&ID="+currentItemID+"')"; strImagePath=""; menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 1100); menuOption.id="ID_Subscribe"; } if (currentItemFSObjType==1 && ctx. ContentTypesEnabled && ctx.listTemplate !=108) { strDisplayText=L_CustomizeNewButton_Text?
(ctx. WorkflowsAssociated && HasRights(0x0, 0x4)) { var strCTID=GetAttributeFromItemTable(itemTable, "CId", "ContentTypeId"); if (strCTID==null || strCTID.substr(0,8) !="0x010801") { var strImagePath=ctx.imagesPath+"workflows.gif"; var itemID; var SeriesIdEnd=currentItemID.indexOf(".0."); if (SeriesIdEnd > 0) itemID=currentItemID.substr(0, SeriesIdEnd); else itemID=currentItemID; var strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/Workflow.aspxID="+itemID+"&List="+ctx.listName+"&Source="+GetSource()+"')"; var menuOption=CAMOpt(m, L_Workflows_Text, strAction, strImagePath, null, 900); menuOption.id="ID_Workflows"; } } } function AddWorkspaceMenuItem(m, ctx) { var menuOption; var strSourceUrl=GetAttributeFromItemTable(itemTable, "SUrl", "SourceUrl"); if (strSourceUrl !=null && strSourceUrl !="" && strSourceUrl !="%20") { if (HasRights(0x0, 0x21000)) { strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/publishback.aspxlist="+ctx.listName+"&item="+currentItemID+GetRootFolder(ctx)+"')"; menuOption=CAMOpt(m, L_PublishBack_Text, strAction, "", null, 1140); menuOption.id="ID_PublishBack"; } } else { if (HasRights(0x0, 0x800000) && HasRights(0x0, 0x21000) && HasRights(0x0, 0x4000000)) { strAction="STSNavigate('"+ctx. HttpRoot+"/_layouts/createws.aspxlist="+ctx.listName+"&item="+currentItemID+GetRootFolder(ctx)+"')"; menuOption=CAMOpt(m, L_CreateDWS_Text, strAction, "", null, 1140); menuOption.id="ID_CreateDWS"; } } } function AddVersionsMenuItem(m, ctx, url) { if (currentItemID !=null) { var strCurrentItemID=currentItemID.toString(); if (strCurrentItemID.indexOf(".0.") >=0) return; } if (!HasRights(0x0, 0x40)) return; strDisplayText=L_Versions_Text; strAction="NavigateToVersionsAspx('"+ctx. HttpRoot+"', 'list="+ctx.listName+"&ID="+currentItemID+"&FileName="+url+"')"; strImagePath=ctx.imagesPath+"versions.gif"; var menuOption=CAMOpt(m, strDisplayText, strAction, strImagePath, null, 800); menuOption.id="ID_Versions"; } function AddWorkOfflineMenuItem(m, ctx, url) ?
window.location.href=strLocationHref; } var L_EmptySlideShow_Text="No pictures found in the library. Add pictures and try again."; var L_NotOurView_Text="This operation cannot be completed within current view. Please select another view and try again."; function IsImgLibJssLoaded() { if (typeof(fImglibJssLoaded) !="undefined") return fImglibJssLoaded; return false; } function EditSelectedImages() { if (!IsImgLibJssLoaded()) { alert(L_NotOurView_Text); return; } _EditSelectedImages(); } function DeleteImages() { if (!IsImgLibJssLoaded()) { alert(L_NotOurView_Text); return; } _DeleteImages(); } function SendImages() { if (!IsImgLibJssLoaded()) { alert(L_NotOurView_Text); return; } _SendImages(); } function DownloadImages() { if (!IsImgLibJssLoaded()) { alert(L_NotOurView_Text); return; } _DownloadImages(); } function MtgToggleTimeZone() { var timezoneElem=document.getElementById("TimeZoneSection"); var timezoneLinkElem=document.getElementById("TimeZoneLink"); var L_ShowTZ_Text="Show time zone"; var L_HideTZ_Text="Hide time zone"; if (timezoneElem.style.display=="none") { timezoneElem.style.display=""; timezoneLinkElem.innerHTML="<<" timezoneLinkElem.title=L_HideTZ_Text; SetCookie("MtgTimeZone", "1", ""); } else { timezoneElem.style.display="none"; timezoneLinkElem.innerHTML=">>" timezoneLinkElem.title=L_ShowTZ_Text; SetCookie("MtgTimeZone", "0", ""); } } function GetPageUrl(fHomePage) { return unescapeProperly(fHomePage g_webUrl : g_pageUrl); } function MtgNavigate(instanceId) { if (instanceId==g_instanceId) return; var fHomePage=!g_fPageGlobal; window.location.href=GetPageUrl(fHomePage)+'InstanceID='+instanceId+'&'+g_thispagedata; } function GoToMtgMove(listUrlDir, instanceId, instanceDateTime, instanceDateTimeISO) { window.location.href=listUrlDir+'/movetodt.aspx' +'FromInstanceID='+instanceId +'&FromInstanceDate='+escapeProperly(instanceDateTime) +'&FromInstanceDateISO='+escapeProperly(instanceDateTimeISO) +'&Source='+escapeProperly(window.location.href); ?
contentheight); if (clientHeight !=contentheight && (contentheight "; return spandata; } function PickerAdjustHeight(editorClientID, maxHeight) { var editor=document.getElementById(editorClientID); if (editor==null) return; var downlevel=document.getElementById(getSubControlID(editorClientID, g_EntityEditorDownLevelId)); var uplevel=document.getElementById(getSubControlID(editorClientID, g_EntityEditorUpLevelId)); var rows=downlevel.rows; PickerAdjustHeight2(downlevel, rows, maxHeight); PickerAdjustHeight2(uplevel, rows, maxHeight); } function PickerAdjustHeight2(editorControl, rows, maxHeight) { var iMaxHeightSize=maxHeight; if (editorControl !=null) { var contentheight=editorControl.scrollHeight; var clientHeight=editorControl.clientHeight; var bodyHeight=editorControl.offsetHeight; if(contentheight==0) { contentheight=13; clientHeight=14; bodyHeight=18; } var MaxHeightPixelSize=iMaxHeightSize * g_iEntityEditorLineHeight; contentheight=((contentheight < rows*g_iEntityEditorLineHeight) rows*g_iEntityEditorLineHeight: contentheight); if (clientHeight !=contentheight && (contentheight <=MaxHeightPixelSize || clientHeight MaxHeightPixelSize) MaxHeightPixelSize : contentheight) - clientHeight; } else { if(clientHeight>MaxHeightPixelSize) editorControl.style.height=MaxHeightPixelSize; } } } function docopy() { var rng=document.selection.createRange(); window.clipboardData.setData('Text', rng.text); window.event.returnValue=false; return false; } function dopaste() { var rng=document.selection.createRange(); window.event.returnValue=false; rng.text=window.clipboardData.getData('Text'); return false; } function getSubControlID(parentid, subcontrolid) { return parentid+"_"+subcontrolid; } var nav4=window. Event true : false; var selected=new Array(0); var lastSelected; function PickerDialogSetClearState() { selected=new Array(0); lastSelected=null; PickerDialogUpdateAddSelectionButton(); } function singleselectevent(e) { if (!e) e=window.event; var el=null; if(nav4?
el=e.target.parentNode || e.currentTarget.parentNode; else { el=e.srcElement; if(el.tagName=="TD") el=el.parentElement; } while (el.tagName !="TR") el=el.parentNode; addSelection(el, true, true); lastSelected=el; addSelected_Click(); PickerDialogUpdateAddSelectionButton(); return false; } function multiselectevent(e) { if (!e) e=window.event; var shift=false; var ctrl=false; ctrl=e['ctrlKey']; shift=e['shiftKey']; var el=null; if(nav4) el=e.target.parentNode || e.currentTarget.parentNode; else { el=e.srcElement; if(el.tagName=="TD") el=el.parentElement; } while (el.tagName !="TR") el=el.parentNode; if(shift==false) { if(ctrl==false) { setSelectedColor(false); selected=new Array(0); } lastSelected=el; var found=-1; for(i=0;i MaxHeightPixelSize) MaxHeightPixelSize : contentheight) - clientHeight; } else { if(clientHeight>MaxHeightPixelSize) editorControl.style.height=MaxHeightPixelSize; } } } function docopy() { var rng=document.selection.createRange(); window.clipboardData.setData('Text', rng.text); window.event.returnValue=false; return false; } function dopaste() { var rng=document.selection.createRange(); window.event.returnValue=false; rng.text=window.clipboardData.getData('Text'); return false; } function getSubControlID(parentid, subcontrolid) { return parentid+"_"+subcontrolid; } var nav4=window. Event true : false; var selected=new Array(0); var lastSelected; function PickerDialogSetClearState() { selected=new Array(0); lastSelected=null; PickerDialogUpdateAddSelectionButton(); } function singleselectevent(e) { if (!e) e=window.event; var el=null; if(nav4) el=e.target.parentNode || e.currentTarget.parentNode; else { el=e.srcElement; if(el.tagName=="TD") el=el.parentElement; } while (el.tagName !="TR") el=el.parentNode; addSelection(el, true, true); lastSelected=el; addSelected_Click(); PickerDialogUpdateAddSelectionButton(); return false; } function multiselectevent(e) { if (!e) e=window.event; var shift=false; var ctrl=false; ctrl=e['ctrlKey']?
shift=e['shiftKey']; var el=null; if(nav4) el=e.target.parentNode || e.currentTarget.parentNode; else { el=e.srcElement; if(el.tagName=="TD") el=el.parentElement; } while (el.tagName !="TR") el=el.parentNode; if(shift==false) { if(ctrl==false) { setSelectedColor(false); selected=new Array(0); } lastSelected=el; var found=-1; for(i=0;i<selected.length;i++) { if(selected[i]==el) { found=i; i=selected.length; } } if(found==-1) selected=selected.concat(new Array(el)); else { setSelectedRowColor(selected[found], false); selected.splice(found,1); } } else { setSelectedColor(false); selected=new Array(0); var table; if(nav4) table=el.parentNode; else table=el.parentElement; var elIndex; var lastIndex; var childElements=table.rows; if(lastSelected==null) lastSelected=childElements[1]; for(i=1;i MaxHeightPixelSize) MaxHeightPixelSize : contentheight) - clientHeight; } else { if(clientHeight>MaxHeightPixelSize) editorControl.style.height=MaxHeightPixelSize; } } } function docopy() { var rng=document.selection.createRange(); window.clipboardData.setData('Text', rng.text); window.event.returnValue=false; return false; } function dopaste() { var rng=document.selection.createRange(); window.event.returnValue=false; rng.text=window.clipboardData.getData('Text'); return false; } function getSubControlID(parentid, subcontrolid) { return parentid+"_"+subcontrolid; } var nav4=window. Event true : false; var selected=new Array(0); var lastSelected; function PickerDialogSetClearState() { selected=new Array(0); lastSelected=null; PickerDialogUpdateAddSelectionButton(); } function singleselectevent(e) { if (!e) e=window.event; var el=null; if(nav4) el=e.target.parentNode || e.currentTarget.parentNode; else { el=e.srcElement; if(el.tagName=="TD") el=el.parentElement; } while (el.tagName !="TR") el=el.parentNode; addSelection(el, true, true); lastSelected=el; addSelected_Click(); PickerDialogUpdateAddSelectionButton(); return false; } function multiselectevent(e) { if (!e?
MMU_ParseNV(rgnv) { var dictNV=MHash_New(); var rgstrNV=rgnv.split(MMU_chDelim); if (rgstrNV !=null) { var i; for (i=0; i < rgstrNV.length; i++) { var strNV=rgstrNV[i]; var iEq=strNV.indexOf("="); if (iEq==0) { continue; } var name=null; var value=null; if (iEq < 0) { name=strNV; } else { name=strNV.substr(0, iEq); if (iEq 0 && elem.childNodes[0].nodeType==1) { val=elem.childNodes[0].getAttribute(attr); } if (val==null) { return MHash_New(); } return MMU_ParseNV(val); } function MMU_ResetMenuState(menu, dis, hid, chk, tokval) { var i; for (i=0; i 0)) { if (mnu.childNodes.length > 0) { MMU_ResetMenuState(mnu, dis, hid, chk, tokval); continue; } if (MHash_Exists(hid, mnuId)) { mnu.style.display="none"; } else { mnu.style.display=""; var enabledOverride=mnu.getAttribute("enabledOverride"); if ((enabledOverride !=null) && (enabledOverride.length >0)) { mnu.setAttribute("enabled", enabledOverride); } else { if (MHash_Exists(dis, mnuId)) { mnu.setAttribute("enabled", "false"); } else { mnu.setAttribute("enabled", "true"); if (MHash_Exists(chk, mnuId)) { mnu.setAttribute("checked", "true"); } else { mnu.setAttribute("checked", "false"); } } } } MMU_ReplTokValAttr(mnu, "onMenuClick", tokval); MMU_ReplTokValAttr(mnu, "text", tokval); MMU_ReplTokValAttr(mnu, "description", tokval); MMU_ReplTokValVal(mnu, tokval) } } } function MMU_ReplTokValAttr(elem, attr, tokval) { var val=elem.getAttribute(attr); var orig=elem.getAttribute(attr+"_Original"); if ((val !=null) && (orig==null) && (MHash_Count(tokval) > 0)) { elem.setAttribute(attr+"_Original", val); } else if ((val !=null) && (orig !=null) && (val !=orig)) { val=orig; } if ((val==null) || (val.length 0)) { orig=val; item.setAttribute("valOrig", orig); } else if ((val !=null) && (orig !=null) && (val !=orig)) { val=orig; } var newVal=MMU_ReplTokVal(val, tokval); if ((val !=null) && (newVal !=null) && (newVal !=val)) { item.nextSibling.nodeValue=newVal; } } function MMU_ReplTokVal(toFix, tokval) { if ((toFix !
<fn>GOV-ZA.3509551En.2012-02-10.en.txt</fn>
Members of the Extended Public Committee met in Committee Room E249 at 14:01.
The MINISTER OF STATE SECURITY: Chairperson, Ministers and Deputy Ministers present, hon members, distinguished guests, members of the intelligence community, our intelligence veterans and fellow South Africans, 2010 is a remarkable year for South Africa. In 2010, we celebrate 20 years of the release of President Nelson Mandela.
The release of Madiba was brought about by the resolute struggles of the South African people Let us pursue the ideal for which Madiba has fought his entire life - the ideal of a democratic and free society, in which all persons live together in harmony and with equal opportunities.
The majority of South Africans, black and white, recognise that apartheid has no future. It has to be ended by our own decisive mass action in order to build peace and security. Our search for peace is a search for strength.
In 36 days, the entire world will descend on African soil as we host the 2010 Fifa World Cup tournament. This is a concrete expression to the people of Africa that we have the capacity to organise world events of this magnitude. We are striving to ensure that the event remains peaceful, enjoyable, leaves a lasting legacy and becomes a springboard for Africa's development. The tournament is proving to be a major nation-building project, uniting our people behind our flag and the National Anthem. It brings a true sense of common nationhood.
Once more, we want to reassure the world that we are ready to host the 2010 Fifa World Cup. Our assessment to date does not indicate any security threat to the event, including the cancer of global terrorism. However, we are not lowering our guard. We are grateful to our partners in the Southern African Development Community, SADC, Africa and the rest of the world who continue to share intelligence regarding the security of the tournament.
As the intelligence community, we are conducting daily threat assessments, including the appraisal of routes, base camps, hotels and screening of service providers. This information is fed into the National Joint Operational Centre to guide operations. We urge all service providers to the event to submit themselves for security screening as no one will be allowed to participate without fulfilling this requirement.
During the soccer tournament next month, we will also be celebrating 55 years of the Freedom Charter.
The campaign which produced the Freedom Charter was the beginning of our great campaign, of the building from our multiracial society of a united nation, free from poverty and misery, free from racial strife and antagonism. It is our hardest campaign which will bring to the broad masses of our people the understanding that they have much more in common than the things which superficially appear to divide them.
We in State Security are in agreement with this foresight and are convinced that there may not be social cohesion until such time that we redress the legacy of apartheid. No divided nation can guarantee its own national security. Our government is working hard to bridge the racial divide that still exists within our communities. Both the plight of the majority and the concerns of the minority groupings are being attended to.
The recent right-wing threats emanating from the death of Mr Terre'Blanche can therefore not be justified. We are working with the Afrikaner community and the Jewish, Muslim and other religious groupings to build cohesion and strengthen the unity of our nation. In this regard, we applaud the Afrikaner leadership who have retracted the inflammatory statements recently issued in the media after the death of Mr Terre'Blanche.
Chairperson, last year, when we addressed this House, we committed ourselves to embark on a review of our intelligence services, with the aim of developing an efficient and effective intelligence structure. The objective of this restructuring was to instil a common vision and improve the quality of our products, training and technical capabilities. In this regard, we hope to transform our community to be a sharper "eye of the nation".
I am honoured to report that in September 2009 a single department, the State Security Agency, was established by a Presidential Proclamation. The command and control of the civilian intelligence community has been centralised under the Director-General Mr Maqetuka, assisted by heads of domestic and external components, Mr Njenje and Mr Shaik respectively, and Mr Sokupa remains the Co-ordinator for Intelligence.
These high-level appointments were followed by the appointment of a Deputy Director-General in Corporate Services, Prof Africa, and the chief financial officer. We are currently in the process of filling the critical posts of the chief information officer, the head of human resources and head of internal audit.
Since 1 April 2010, the Director-General of the State Security Agency has been the sole accounting officer for the agency. We are grateful to the University of Pretoria for seconding Prof Africa to the agency to lead and manage this massive task of restructuring.
In line with our undertaking to complete the reorganisation of state security institutions swiftly and without disruptions, our goals for 2010 include the following: tabling of the National State Security Bill to effect the amalgamation of the various intelligence components into a single entity; redeployment of members into new structures and upgrading their skills to ensure that the agency has adequate human capital to meet the new challenges; integrating technology platforms; and playing a more proactive leadership role in developing policy, setting security standards, and monitoring for compliance.
Chairperson, last year we undertook to develop a framework for the establishment of the Border Management Agency, BMA. This was completed by 15 December 2009. It will address the security gaps at our ports of entry and along our borders. The objective is to promote free movement of goods and people while preventing illegality. In this regard, the BMA will improve the security of our borders and ports of entry and promote trade within the region.
We have set up an interdepartmental task team at directors-general level to conceptualise and develop the BMA. This task team has registered considerable progress. It set up various work streams, namely the ports of entry, infrastructure, human resource and budgets. We have also concluded a feasibility study required to ensure that the BMA becomes a legal entity in the next three months. We are currently in the process of obtaining approval from the Departments of Public Service and Administration and the National Treasury.
We have also agreed on the functions which the BMA will perform, as well as its relationship with the SA National Defence Force, SANDF, which recently took the responsibility to patrol and secure our borderlines. Meanwhile, we will continue to strengthen the current Border Control Operational Co-ordination Committee, BCOCC. By the end of this month, the State Security Agency will install the communications link between the BCOCC National Nerve Centre and the key ports of entry.
We also undertook to resubmit the draft Protection of Information Bill to Parliament in order to secure the integrity of sensitive state information and criminalise the activities of those engaging in espionage and information peddling. This Bill has been tabled before Parliament and is being considered by the ad hoc committee. Given the importance of the Bill, we urge the ad hoc committee to expedite its processing.
In 2009 I announced our plan to embark upon a project to develop an early warning system to monitor and identify risks to our critical national infrastructure. The National Intelligence Co-ordinating Committee, Nicoc, has concluded the pilot project in the development of such an early warning system. We aim to expand the project to include all state-owned enterprises, including provincial entities.
Sixteen years after the advent of democracy, the White Paper on Intelligence is due for review. In addition, during our last Budget Vote debate, we undertook to prioritise the finalisation of the national security strategy by the end of the term of this government.
The drafting of the strategy has begun in earnest. The main purpose of the strategy is to build an understanding and national consciousness around the security challenges we face as a nation. Furthermore, the strategy will provide a long-term framework for managing the security threats facing our country.
To realise this important objective, we must, as a nation, develop a common understanding on what constitutes national security, as well as the foundation upon which it will be based.
I would like to emphasise that the strategy requires that we take collective ownership. It will therefore be essential to engage with members of the public on this matter. We hope the Joint Standing Committee on Intelligence, JSCI, will take this challenge once the draft is tabled.
In the spirit of doing things differently, our work will not only be informed by the national intelligence priorities as encapsulated in our national intelligence estimate, but also by the performance agreement I signed with the President on 29 April 2010 last week. This is part of a national effort to build a performance-driven state focusing on measurable outcomes on priorities.
Some of the priorities for the year will be as follows: We will be contributing to the realisation of the outcome of ensuring that all people in South Africa are safe and feel safe. Government has declared war on crime and has set an objective to reduce crime levels in the country, particularly those that are violent in nature. In this regard, we will introduce in our intelligence analysis the scoping of the extent and impact of syndicated violent crimes and an annual assessment of strategic crime trends in the national intelligence estimate. We will establish operations against domestic and transnational crime syndicates and we will employ all the capacities at our disposal, including liaison with other foreign intelligence services, to share information. This has proved to be useful because it builds joint operations with neighbouring and fraternal countries. We will provide actionable intelligence to assist in the prosecutions or disruption of activities of the syndicates. In this financial year, we will also develop a comprehensive counterterrorism strategy which will guide our counterterrorism operations.
We have begun the preparatory work within the security cluster, working together with Co-operative Governance and Traditional Affairs and the Independent Electoral Commission, IEC, to provide security assessments, the setting up of systems and to ensure that the 2011 local government elections are held in a peaceful atmosphere. Our primary focus will be to eliminate no-go areas in order to ensure that all South Africans participate freely in the elections without any fear of intimidation.
The intelligence sector continues to monitor and assess the manifestation of xenophobia across the country, with the aim of averting the possibility of violent outbreak against foreign nationals. Our assessment reveals an ongoing tension between local communities and foreign nationals in various hotspots across the country. We will continue to work with local and émigré communities to prevent the commission of these inhuman acts.
We will assist, through joint operations and co-ordination, in the fight to root out fraud, theft and corruption within the cluster and government in general. Within the State Security Agency, we have instituted investigations in several areas, including the group insurance scheme for members. We will release the report once the investigations are concluded, and we will not hesitate to act against the culprits.
Within the cluster, we will continue working with Home Affairs to curb the scourge of identity fraud, which has become a threat to our national security, the wellbeing of our citizens and the integrity of our systems.
We are going to increase our counterintelligence capacity in order to assist government in the fight against corruption. We shall conduct regular screening those entrusted with state resources. We shall extend our vetting programmes to provincial and local spheres of government.
The intelligence community will also make an important contribution to the government's outcome to create a better South Africa and contribute to a better and safer Africa and the world. Our operations will be directed towards supporting government in advancing regional, continental and global peace, security and sustainable development. In this regard, we will continue to work within the ambit of the SADC, African Union, AU, and the United Nations, UN, to support peace initiatives in the region and the continent. We will increase our presence on the continent and prioritise the conflict areas and work to stabilise these, particularly the Democratic Republic of Congo, DRC, Sudan, Madagascar, Somalia and Zimbabwe.
We will continue to lead the work on the conceptualisation and establishment of the SADC Early Warning Centre in Gaborone in Botswana with the objective that the centre will be fully operational by the end of the year.
Illicit mining has emerged as a multifaceted national security threat, costing the economy billions of rand in revenue. Amongst others, illicit mining is taking place in the gold, platinum and diamond sectors. For example, the gold sector alone loses an estimated R5,7 billion in annual revenue through these transnational organised crime syndicates. We should note that the Welkom and Barberton areas have been particularly hard-hit by illicit mining activities.
Illicit mining presents us with a range of social challenges, such as the corrupting of communities, forced child labour, and related criminal activity, including tax evasion, human trafficking, prostitution and gangsterism.
As government, we are determined to address this threat to our economy and our communities. We have appointed an interdepartmental team, involving the State Security Agency, SA Police Service, crime intelligence, National Prosecuting Authority, Special Investigating Unit, Directorate for Priority Crime Investigation, Department of Mineral Resources and Department of Home Affairs, to effectively deal with illicit mining and related activities. We are happy to report that this collaboration has yielded positive results.
As you are aware, for national security reasons ours is not a unionised environment. Our members are represented by the staff council in the consultation mechanism. We have directed the management and the staff council to advise me on the best ways of strengthening this mechanism and to ensure that the staff council is resourceful and able to advance the interests of their members. We are grateful to the staff council for their positive engagement and tireless effort in ensuring professionalism in our community.
Our members are intelligence officers for life. We therefore value our veterans and believe they should play a vital role in our affairs. We are going to rely on their expertise in training, mentoring and liaising with our communities. In the next three months, we will be convening a national consultative meeting with our veterans with the aim to formalise their interaction with us.
I would like to thank all those who continue to extend a hand of assistance to the community, especially President Zuma and Deputy President Motlanthe for their support and advice. Our appreciation also goes to the Chairperson of the Audit Committee, Mrs Spellman, Judge Khumalo responsible for interception directions, the Auditor-General Mr Nombembe, the Inspector-General Adv Radebe, my family and friends, the veterans, colleagues in the clusters, the members of the Joint Standing Committee on Intelligence, JSCI, under the leadership of Mr Burgess, the top management of the State Security Agency led by Director-General Maqetuka, and my staff in the office led by Dr Khau Mavhungu.
In conclusion, I wish to recall the preamble of the Constitution which enjoins us to the national duty of building cohesion and ensuring equality and prosperity for all. This spirit of togetherness is pertinent if we are to achieve a safer and more secure life for all our people.
Mulilo muvhaswa nga vhanzhi u dzima u a konda. [A threefold cord is not quickly broken.
It is easy to defeat people who do not kindle a fire for themselves. Our national security is the fire which we, together with society, are determined to kindle.
I request the House to adopt this Budget Vote. I thank you. [Applause.
The HOUSE CHAIRPERSON (Mr M B Skosana): Thank you, hon Minister, I am going to let it pass because I had somebody who wanted you to repeat what you said. [Laughter.] I am not going to say it is me.
Mr C V BURGESS: Hon Chairperson, hon Minister of State Security, Ministers and Deputy Ministers from the security cluster, hon members, members of the intelligence community, distinguished guests, ladies and gentlemen. I also recognise in our presence the Director-General of State Security, Mr Maqetuka; Inspector-General of Intelligence, Adv Radebe and some of her staff; the Chief of Defence Intelligence, General Shilubane - congratulations, general, on your new appointment; Gen Mdluli, Head of Crime Intelligence, and all the heads of department of the State Security Agency and heads of other intelligence entities.
Allow me upfront to place on record that the Joint Standing Committee on Intelligence, JSCI, is satisfied with and deeply appreciative of the level of co-operation that we are receiving from the Ministry and the newly-established State Security Agency in fulfilling our oversight mandate. Defence intelligence and crime intelligence have equally co-operated with the committee in a responsible and professional manner. The committee therefore has expectations that this level of co-operation will continue in future.
There are many people present in the House today, good people, who work silently and dutifully out of the public eye. They play a major role in protecting the people of this country - men and women who work in the intelligence community almost never get credit for the work they do. We consider it necessary to acknowledge their contribution to ensuring that our country is protected against the enemies of our state.
With due respect, allow me to inform the House and those who are not familiar with our constitutional imperative regarding the national security of our state that section 198 of our Constitution provides that the national security is subject to the authority of Parliament and the national executive. It further provides that national security must reflect the resolve of South Africans as individuals and as a nation to live as equals, to live in peace and harmony, to be free from fear and want and to seek a better live.
National security is at the centre of our Constitution, and it is Parliament and the executive that has the constitutional obligation to act as a custodian of the people when it comes to national security.
Historically, many of mankind's conflicts have resulted from the undermining of the national security and national interest of a particular country or region. Many of these conflicts have led to holocausts that, on reflection, should warn us that this is a matter we should all take seriously.
The United States Holocaust Encyclopedia, dated April 2010, records that the estimated death toll worldwide at the end of the Second World War was in the region of 55 million people and concludes, "It was the largest and most destructive conflict in history".
We have on our continent of Africa witnessed perpetual conflict, which has not only destabilised the continent, but also affected the national security of our country. It is not necessary to mention or identify the countries or regions of conflict. However, what we do know is that hundreds of thousand of people have died and millions have become displaced as a consequence of these conflicts.
Our people rely heavily on the contribution of the State Security Agency and the other intelligence entities, and the defence and crime intelligence, in securing our people and the national interest of the country. They must protect our people in relation to national security, but, with respect, the Constitution in relation to national security demands more. As I have already mentioned, national security must reflect the problems South Africans are facing. There is therefore a need for public participation in considering the narrower and broader principle encapsulated in the concept as set out in our Constitution. We hear what the hon Minister has promised now on the matter.
The idea of public participation is an active one. It must involve the public so that they become part of the process and feel that they own it and play the part of true patriots. A patriot is a person who is a proud supporter or defender of his or her country and its way of life, a loyalist and a national flag waver.
As we approach the 2010 Fifa World Cup, we have this rare opportunity to call on our nation and people to show the world that we South Africans are truly proud and truly patriots, notwithstanding the diversity. Whilst opposition and criticism fortify democracy and so acts as a safeguard against the abuse of state power, we must be mindful that this is our country.
Whatever surprises Bafana Bafana may have arranged for the nation regarding their forthcoming performances in the World Cup, as South Africans, regardless of colour, race or creed, we must unite as a nation, as true patriots. And as the nation unites, hon Minister, you and all the other intelligence entities, constituted in terms of the Constitution to protect our country, need to co-ordinate your efforts so that we as a nation can truly provide a successful World Cup.
Section 210 of the Constitution provides for the proper effective co-ordination of all intelligence services. This co-ordination is critical to the work of our intelligence entities. It is in fact only through proper co-ordination of all our intelligence services that we can be assured that our national security and national interests have been carefully considered. A lack of proper co-ordination, inter alia, can lead to duplication of intelligence operations but, more seriously, to intelligence failures because information and intelligence products are not shared amongst interested entities.
Hon Minister, you know that early warning systems are key to effective co-ordination. The JSCI understands that that is the work of the National Intelligence Co-ordinating Committee, Nicoc, which has the mandate to provide the co-ordination. However, hon Minister, in your restructuring schedule the committee did not get a clear picture as to how the new State Security Agency will co-ordinate and co-operate with the other intelligence services.
On the question of restructuring, the hon Minister informed the House a year ago of the progressive move to restructure our civilian intelligence entities in order to create the new State Security Agency. Many experienced intelligence people have been brought on board and appointed to key positions in order to strengthen capacity. The JSCI supports the move, but expects that the process of restructuring will now be accelerated. Hon Minister, the restructuring process must reach finality, since it has affected the oversight work of the committee.
However, before I leave the topic of restructuring, hon Minister, we as the JSCI are yet to hear you in detail on the question of gender equality, especially in the top management positions. We now have our first female Inspector-General for Intelligence. The committee would like to see government's promise to implement gender equality filter down faster to your department.
The re-introduction of the Protection of Information Bill has been welcomed by the JSCI. We do expect that the ad hoc committee dealing with the matter will process the Bill responsibly and expeditiously. However, the Bill, once implemented, will create certain challenges, particularly in relation to a proper and effective vetting strategy. The JSCI therefore expects that the State Security Agency will increase its capacity in this area in order to accommodate the expected demand for the vetting of personnel.
I must mention Comsec, the Electronic Communications Security (Pty) Ltd, and I hope I have not spoilt your day, Minister. It has such an important mandate in the protection of this country's national interest and security. Yet, hon Minister, the delivery has not been up to standard. The JSCI is concerned and we trust that in the restructuring process careful consideration will be given to the problems at Comsec.
It is sweet and right to die for the homeland, but it is sweeter to live for the homeland, and the sweetest to drink for it. Therefore, let us drink to the health of the homeland.
Allow me to thank the hon Minister, staff, and people in the intelligence community for the co-operation that we as the JCSI receive. The JSCI supports the Budget Vote.
Mr T W COETZEE: Chairperson, hon Minister of State Security, hon Burgess, Chairperson of the Joint Standing Committee on Intelligence, JSCI, hon members of the JSCI, hon Members of Parliament, distinguished guests, ladies and gentlemen, with your approval I would also like to acknowledge my wife Magda in the public gallery for her presence and support.
I also want to acknowledge at this stage that my facts and my recommendations are based on the final report to the former Minister of Intelligence Services dated 10 September 2008. It is titled, Intelligence in a Constitutional Democracy.
The need for a balance between secrecy and security measures and transparency in a democratic and open society is of great importance for the security of our land.
the issue of the relationship between intelligence and democracy in South Africa is also brought to the fore It is therefore important to consider and evaluate how the South African intelligence community is grappling with meeting the democratic demands of openness and accountability while, at the same time, maintaining the secrecy deemed necessary if intelligence is to function effectively.
As pointed out in the White Paper, the uncontrolled and excessive use of secrecy increases the potential for abuse of the intelligence and security services. In essence, uncontrolled and excessive secrecy undermines the very fabric of democracy; it can be a source of instability and can even be detrimental to countering certain threats to security. Without an adequate legal framework to govern the use of secrecy, the possibility for abuse exists.
The report further says that a system that overclassifies information lacks credibility. It is difficult to maintain and enforce and it is administratively costly and inefficient. In addition, excessive secrecy gave rise to suspicion and fear of the intelligence organisations and this reduced public support for them. In a democracy, unlike a police state, intelligence agencies must rely on public co-operation to be successful.
It is necessary to constantly guard against both the overclassification and the underclassification of information. Misuse of classifications can result in the system being treated with contempt. We need to strive for reconciliation between the requirements of sound administration and those of effective security.
Security measures are not intended and should not be applied to cover up maladministration, corruption and criminal actions or to protect individuals or officials involved in such acts.
The classification of information and/or documentation should be limited to information that may be used by malicious, opposing or hostile elements to harm the objectives and functions of an individual and/or institution.
The report further says that the challenge of the intelligence services in a democracy is that the perspective is drawn primarily from the South African Constitution, which includes provisions on security and intelligence and contains a Bill of Rights that is binding on all organs of state. The excellence of the Constitution asserts that the values, on which our democratic state is founded, include human dignity, the achievement of equality, the advancement of human rights and freedoms, and the supremacy of the Constitution and the rule of law.
The rule of law is one of the cardinal features of governance that distinguishes a democratic state from an undemocratic state. It establishes the primacy of law and order to create a legitimate and stable dispensation based on rules approved by elected representatives.
Die Grondwet is ons wettige en etiese raamwerk, omrede dit die hoogste gesag is - ek verwys na artikel 2 van die Grondwet. Dit lê die basis vir 'n demokratiese en 'n oop samelewing waarin die regering gevestig is op die wil van die bevolking en waarin elke burger gelyk beskerm word deur die reg. Die Grondwet bepaal uitdruklik dat die intelligensiedienste moet optree, hul lede leer, en eis dat hul lede sal optree in ooreenstemming met die Grondwet en die reg. Ek verwys na artikel 199(5) van die Grondwet. (Translation of Afrikaans paragraph follows.
[The Constitution is our legal and ethical framework, as it is the highest authority - I am referring to section 2 of the Constitution. It forms the foundation of a democratic and open society in which government is founded on the will of the people and in which each citizen is equally protected by the law. The Constitution expressly states that the intelligence services should act, must teach their members, and require their members to act in accordance with the Constitution and the law. I am referring to section 199(5) of the Constitution.
The implications of this constitutional perspective are that violations of constitutional rights by the intelligence services cannot be justified simply on the grounds of national security. An emphasis on human security does not mean that the security of the state is unimportant. In short, national security encompasses the security of the country, its people, the state and the constitutional order. These elements are interlinked and none of them is more important than the other.
A broad approach to national security implies that the security services should have expansive mandates. We must be very careful, because this could make the services too influential, powerful and intrusive. It would create the danger of the security services encroaching inappropriately into politics, governance and social life.
The mechanisms of transparency and public discussion on intelligence are intended to ensure that the intelligence services are subordinate and accountable to the executive and Parliament and that the services comply with the Constitution.
Whereas the accountability of the intelligence services to the executive and Parliament is strong, the accountability of the services and the intelligence oversight and control bodies to the public is less strong, almost nonexistent. This is a consequence of insufficient transparency. Ministerial regulations governing the services are secret; the Auditor-General's reports on the services are secret; the budgets of the services and most of their annual reports are secret and there is very little public information regarding the activities and findings of the Inspector-General of Intelligence.
The report further says that the high level of secrecy is inconsistent with the Constitution, which insists that all spheres of government and all organs of state must be transparent and accountable, according to section 4l(1) of the Constitution. The National Assembly may not exclude the public, including the media, from a sitting of a committee, unless it is reasonable and justifiable to do so in an open and democratic society.
As we all know, the Joint Standing Committee on Intelligence, JSCI, holds all its meetings in secret, with the result that the public is unable to learn about the committee's oversight of the intelligence services, its assessment of their performance and its efforts to address problems that it identifies. The reports that are presented to the JSCI by the Minister, the Inspector-General and the heads of services are classified and are therefore not tabled in the National Assembly. The JSCI presents annual reports to Parliament and also tables in Parliament its reports on controversial intelligence incidents, but these reports are not accessible to the public.
Die Grondwet beklemtoon die beginsel van deursigtige regering. Verder bepaal die Handves van Regte dat almal die reg het op toegang tot enige inligting wat in die staat se besit mag wees en dat wetgewing voorsiening moet maak om uitvoering te gee aan hierdie reg. (Translation of Afrikaans paragraph follows.
[The Constitution emphasises the principle of transparent governance. Furthermore, the Bill of Rights determines that everyone has the right of access to any information held by the state and that legislation should give effect to this right.
South Africans talk constantly about policing, prisons and the judiciary, but there is little debate on intelligence issues apart from occasional bursts of attention at times of controversy. The lack of debate on intelligence issues may also be due to a perception that an intelligence service is too sensitive and that it lies outside the public domain. This is not a healthy state of affairs in a democracy. Steps should be taken to raise awareness and facilitate discussion on intelligence.
The objective of South Africa's White Paper on Intelligence of 1994 asserts that a new mission is being set for the South African intelligence community in line with the new, nonracial, democratic order, in which much weight is given to the rights of the individual. The White Paper asserts repeatedly the necessity for the new intelligence services to comply with the rule of law and other democratic norms, including subordination and accountability to Parliament.
Finansiële beheer en toesig oor die intelligensiedienste is van groot belang. Die risiko dat fondse vir persoonlike verryking misbruik kan word, is altyd moontlik wanneer groot bedrae geld in besit van organisasies is. Dit is veral 'n moontlikheid waar geld gebruik kan word vir geheime projekte en inligting, en slegs op grond van "dit is voldoende om slegs kennis te dra" beskikbaar gestel kan word. Byvoorbeeld, in die geval waar informante betaal word en uitgawes aangegaan is by die oprigting van front-maatskappye, is daar uiteraard 'n groter risiko van misbruik as by normale finansiële transaksies.
Die Wet op Openbare Finansiële Bestuur, Wet No 1 van 1999, is daarop gemik om die verantwoordbaarheid, deursigtigheid en goeie bestuur van inkomste, uitgawes, bates en laste van staatsdepartemente en ander spesifieke entiteite te verseker. Die wet is voorskriftelik ten opsigte van die manier waarop openbare fondse deur departemente bestuur moet word en die verantwoordelikheid van departementshoofde met betrekking tot finansiële bestuur, begrotings en verslae.
Dit is 'n groot bekommernis dat die intelligensiedienste nie hul eie Begrotingspos het ten opsigte van die fondse wat jaarliks deur die Parlement aan hulle toegeken word nie. Verder gee die intelligensiedienste ook nie gehoor aan die Wet op Openbare Finansiële Bestuur of die Witskrif oor Intelligensie nie. Die intelligensiedienste se begroting word slegs as 'n enkellyn in die Begrotingspos van die Nasionale Tesourie aangedui as 'n oorplasing van fondse, terwyl die begroting van die Departement van Korrektiewe Dienste byvoorbeeld bladsye van syfers en verduidelikings beloop. (Translation of Afrikaans paragraphs follows.
Financial control and oversight over the intelligence services is of great importance. The risk of misusing funds for personal enrichment is always a possibility when organisations are in possession of huge amounts of money. It is a possibility, especially where the money could be used for secret projects and information and could be granted on the grounds that "it will suffice just to be aware of it". When, for example, informants are paid and expenses are incurred by establishing front companies, there is inevitably a greater risk of misuse than with normal financial transactions.
The Public Finance Management Act, Act No 1 of 1999, is aimed at ensuring the accountability, transparency and proper management of income, expenditure, assets and liabilities of government departments and other specific entities. The Act prescribes the way in which public funds should be managed by departments, as well as the responsibility of heads of department with regard to financial management, budgets and reports.
It is a great concern that the intelligence services do not have their own Budget Vote with regard to the funds that are allocated to them by Parliament annually. Furthermore, the intelligence services do not adhere to the Public Finance Management Act or the White Paper on Intelligence. In the Budget Vote for National Treasury, the budget for intelligence services is merely indicated with a single-line entry as a transfer of funds, whereas the budget for the Department of Correctional Services, for example, comprises pages and pages of numbers and explanations.
The Budget and annual financial reports of the intelligence services are reviewed by the JSCI which reports to Parliament, but the documents themselves are confidential and are not presented to Parliament. The intelligence services are therefore not directly accountable to Parliament for their budgets and spending.
With respect to the hon Minister, as stated in my budget speech on 1 July 2009, to date, the annual reports of the JSCI for the period 2005 until 2009, four years, have not yet been tabled in Parliament. This arrangement deviates from the Constitution, which states that national, provincial and municipal budgets and budgetary processes must promote transparency and accountability. The arrangement is also inconsistent with the Public Finance Management Act.
One of the fundamental rules of a democratic dispensation is that government can only spend money with the approval of Parliament. Yet our Parliament does not have any direct insight into the budgets and activities of the intelligence services and therefore cannot engage in an informed debate on these matters.
Intelligence organisations are resistant to revealing their budgets, on the grounds that foreign intelligence agencies would thereby gain an advantage over them. I believe that this argument is totally overstated. A foreign agency would not gain from knowledge of how much money other countries spend on its intelligence services. The disclosure of the spending breakdown on personnel, operating costs and capital expenditure will be of no advantage to anybody. It is only at a higher level of detail, regarding targets, methods, sources and operational outputs and constraints, that the secrecy could be undermined through disclosure.
I believe that the intelligence services should have their own Budget Vote in respect of monies approved annually by Parliament. In doing so, they would not be expected to disclose information that would compromise their operations, methods and sources. I would like to take this opportunity to propose that the National Treasury create and implement a Budget Vote for State Security as soon as possible.
The most notable feature of the constitutional provisions of transparency is the inseparability of the concept of democracy and openness. The right of access to information lies at the heart of transparent governance and provides a basis for democratic accountability and an open and free society. The abuse of secrecy is the antithesis of democratic governance. It prevents full accountability and it provides fertile ground for abuse of power and a culture of impunity.
Secrecy must consequently be regarded as the exception to the rule and its use must be justified in each and every case. The justification should not rest on the broad notion of national security, but should instead specify the significant harm that disclosure might cause to the lives of individuals, the state or the country as a whole. Section 32(2) of the Constitution provides that national legislation must be enacted to give effect to this right.
In conclusion, section 32(1) of the Constitution states, amongst other things, that everyone has the right of access to any information held by the state, and any limitation of the right of access to information must be consistent with section 36(l) of the Constitution, which deals with limitations of rights.
We need to now examine the high level of secrecy surrounding the intelligence organisations, if the role of State Security is to be consistent with the Constitution. We should not forget that the Constitution does not treat the security service as an exception in this regard.
Despite the above, that there is no detailed budget for intelligence services as required and prescribed by the Public Finance Management Act, PFMA, and supported by the Constitution, we will support the Budget Vote. [Applause.
Mr M S SHILOWA: Chairperson, hon Minister, Cope will support the budget. We support the objectives for which it is being set aside. We think it is important that the issues of personnel and infrastructure, in particular, are put in place to ensure national security. We are not only aware but also accept that there will be discussions about protection of information and the orderly release and declassification of information, which will make it possible to find a balance between the dictates of the Constitution for transparency whilst at the same time ensuring national security.
As the Minister has said, 2010 will pose a challenge, particularly the 2010 World Cup, to the security cluster, especially the intelligence community. This is partly because of the scepticism about our ability to provide security for our own citizens and therefore implying that it is likely to be more difficult to protect the visitors. To portray us as not ready or unable to secure the tournament will take just one incident being blown out of proportion.
It is therefore important that, in whatever we do - the co-ordination in terms of military defence intelligence, counterintelligence and intelligence itself - we work together to ensure that, notwithstanding this scepticism, we can say to the people of the world that not only are we ready but also able to ensure that they are secure.
National security, of course, is not just about personnel or rather security and policing. It must also be about the improvement of the lives of our people and ensuring effective delivery of services; hence the focus on national security, corruption, fraud, economic espionage, resources, particularly water, electricity, mineral resources and other installations, and infrastructure becomes very important.
As the Minister has said, he is currently engaged in restructuring. It is one thing to restructure and another to perpetually restructure with no results in mind. We think it's important that there should be a clearer goal. Restructuring is not about shifting staff from one section to another, but about new ways of doing things, consolidation and co-ordination. In that way it requires that we have short- and medium- to long-term goals. The short-term goals must be clear regarding where they begin and where they end. The same must apply to medium-term and long-term goals.
As one knows, restructuring has an impact on the morale of the staff. We're not going to be in a position to ensure that we keep the morale high in the intelligence department, particularly because it is very difficult to acknowledge the good work that they may be doing. But one can generally realise when things have gone wrong. It's always difficult to keep the morale high, unless we handle restructuring in a better way.
The review of the White Paper on Intelligence has been spoken about. I think that is the process which will give us an opportunity to indicate what has worked in terms of this review over the past 15 or 16 years, what have been the problems in terms of the White Paper, where we need to improve and which issues have not worked or are archaic and have no place in a constitutional democracy, which we must therefore discard.
The point regarding how the intelligence services account to Parliament has been raised. I think it is not about where they give account. It is about the fact that even though we have a Joint Standing Committee on Intelligence the debates, the discussions and the budget take place in the National Assembly. This means that even though it is Parliament as a whole that is doing the oversight work, really the opportunity to raise, debate and challenge issues only falls on the National Assembly and not the NCOP.
The whole issue of review must also include the desirability or otherwise of it being a Joint Standing Committee on Intelligence. I'm not saying it should not be, but we need to be clear - if it is a Joint Standing Committee on Intelligence it should not only be receiving reports but also engage on a platform such as this one.
Lastly, I just want to commend the Minister and the agencies for the commitment they have shown to come forth and provide the required information. The challenge for the committee is to find ways and means to ensure that one can separate smoke from mirrors and to further ensure that it is not only smoke and mirrors but also the real things that need to be done.
For instance, we have discussed issues of Comsec, formally Electronic Communications Security (Pty) Ltd, as they have been raised. The question is not whether we need it or not, but how do we set up a structure when we are unable to ensure that it is being utilised to its full effectiveness If we do have reliable intelligence, how do we then ensure that the issues of crime and incidents of violent crime, in particular, are reduced so that people can begin to have a sense of security I thank you?
Prof C T MSIMANG: Chair, hon Minister, Deputy Ministers and hon members. The success or failure of any state department is measured not only by what it does or fails to do, but also by the feelings and concerns of the citizens. This too applies to the newly established Department of State Security. Accordingly it is incumbent upon this department to allay the people's fears by addressing their concerns, albeit within the stringent confines of the secretive and sensitive nature of information that intelligence deals with.
Let me illustrate by means of only two issues of concern. The first pertains to the protection of South Africa's porous borders and the other deals with the Fifa World Cup tournament. Regarding the issue of our borders, it must be pointed out that the concern is not only the infiltration of our borders by illegal immigrants, but also the criminal elements that are associated with the influx of illegal immigrants. By way of example, I cite the unfortunate and ever-increasing number of murders of farmers and farmworkers in our country.
This has led to serious concerns being expressed by the youth wing of AfriForum in a memorandum which contains a list of 1 600 people who have been murdered on South African farms in recent years. The AfriForum youth drew a connection between the said list and the pursuant singing of the Kill the Boer song by Julius Malema. To those who compiled the memorandum, each name listed was sacred, representing a loved one who was untimely and brutally removed from the land of the living. The way in which the memorandum was received by the youth league must be condemned with contempt. The lists of victims were scattered in the street and trampled on the ground.
It is under circumstances such as these that the Department of State Security must come forward and assure the farmers, whites and blacks, that their lives are important to the state and that they, too, are entitled to protection by the state, as the Minister has just said in his debate.
We, in the IFP, congratulate the Minister of State Security on his appointment as the chairperson of the newly-established South African National Border Management Agency. We would like to believe that, with him at the helm, cross-border crime and illegal entry of foreigners into our country will be minimised. The Minister accordingly needs to take the people of South Africa into his confidence by, amongst other things, media briefings and public statements that their concerns are receiving attention.
With regard to the upcoming 2010 Fifa World Cup, the recurrent and persistent concern raised by the local and international community is whether it will take place in a crime-free and safe environment. Media reports which highlight the fact that some individuals are planning to use this joyous occasion to line their pockets are alarming, to say the least. We, however, appreciate the swift action that was taken against these individuals.
Another concern is expressed by those who have invested their hard-earned money in projects connected to the World Cup showpiece. Their concerns relate to whether the recently quoted figures of 373 000 tourists to our country, which have gone down from the previously estimated 483 000, will still be realised. This is pursuant to the fact that of the 3 million tickets produced, only about 300 have been purchased by soccer enthusiasts outside South Africa. Have the rest been discouraged by prophets of doom, including some British journalists who are dissuading people of the world from coming and experiencing the Fifa World Cup in South Africa?
We are well aware of the capacity of our security agencies to ensure security and stability during the time of major international events in our country. Examples range from the Rugby World Cup in 1999 and culminate in the Fifa Confederations Cup which took place in an atmosphere of peace in 2008. In spite of this, for the sake of doubting Thomases, we need this department to publicly dispute the claims of the prophets of doom and encourage the whole world to come to South Africa. The IFP supports the Budget Vote. [Time expired.] [Applause.
The TEMPORARY CHAIRPERSON (Mr A Mlangeni): Hon members on my right hand side, please. We are discussing a matter of great importance, security of the state. Please, let's give one another a chance. Let's listen to what members are saying, what suggestions they are making to the Minister on how best to protect our state. So please, let's give one another a chance. I now call upon hon member Fihla.
Mr N B FIHLA: Chairperson, can I pass this small remark that hon Coetzee should stop grandstanding; this is a serious committee. Hon Ministers, hon members, the Director-General with his entire security cluster, I greet you all on behalf of the Joint Standing Committee on Intelligence. Let me start by pronouncing that the African National Congress supports this Budget Vote.
The problem of crime has long been in the minds of tourists, visitors and residents of the country, and in a beautiful country with so much to offer, crime has stuck out as one of the main scourges, keeping the country from being the best in the world.
We understand that crime is the function of inequality where the gap between the poor and the rich is huge and the inequality in the distribution of wealth and resources is wide. This then implies that, with the widening differences in wealth, crime might increase and, unless the inequalities are tackled, it may be difficult to combat crime.
However, statistics compiled by the United Nations Interregional Crime and Justice Research Institute show that South Africa has lower rates of violent crime than most African and South American countries, but due to the fact that South Africa is often compared to the developed world, the crime rate is considered high when measured against the likes of England, the United States, Italy, Germany and other First World countries. We have to ask ourselves, why is it that we have a lower crime rate compared to other developing countries?
There have been media reports that our borders are porous, which makes it easier for foreign nationals to enter as they please, but it is a reality that with South Africa having the highest gross domestic product, GDP, in Africa, it attracts both legal and illegal immigrants.
Also, with the high development of technology in the developed world and in South Africa, we are facing the most sophisticated crimes, that of organised crime and international syndicates who look at South Africa as a potential gold mine.
It has therefore become important to tighten our security in the country internally and externally. We have to get early warnings of the strategies and tactics of these international criminals and drug lords in order to nip them in the bud. Perhaps I do need to say that the crime intelligence division of the SAPS, and other intelligence structures, are working tirelessly to make this country safe.
The crime intelligence services, as provided for by section 2 of the Intelligence Services Oversight Act, Act 40 of 1994, reports to the Joint Standing Committee on Intelligence which plays an oversight role over it. The intelligence committee itself is responsible for managing information gathering, centralising an integrated intelligence management, co-ordination and analysis. They also provide a technical intelligence support service to the operational components of crime intelligence and, where necessary, to other operational divisions of the SAPS.
At this juncture, I would like to congratulate our Minister of State Security for having been appointed as head of the border management agency. We have all confidence in you, Minister, and feel assured that the fears that people might have can now be put aside and that people can start enjoying democracy in a secured South Africa.
Minister, this will surely be a challenge to you, for it's a fact that there is a lot of cross-border crimes, particularly between Lesotho and South Africa. Stock theft, drugs and stolen vehicles which are excessively high are the order of the day. However, we welcome the involvement of the Defence Force as part of the security forces to patrol our borders.
This world is unstable, not just for one country. If you look at the track record of South Africa, it has hosted more than 150 major events since 1994, including the Rugby World Cup, the Cricket World Cup. Last year we hosted the Indian Premier League, after India was deemed unsafe, and (rugby unions), British and Irish Lions and (football's) Confederation Cup - and there was not a single incident. We are comfortable, but we will be vigilant.
These successes at our airports, on land and in our sea ports can all be attributed to our intelligence capacity, to the security co-ordination of our security forces, in particular the crime intelligence of the SA Police Force, because of their professionalism and precision in their operations.
We must also praise all other forces of the security cluster for the manner in which they share information so that it can be directed to where it could be better utilised.
Crime affects all of us, so as citizens of this country, united in our diversity, we also have a role to play to combat crime. The following are some of the strategies we could employ, for crime is a reality.
Strategy 1 acknowledges that community participation is an important crime prevention strategy. For example, the Department of Correctional Services requires the community to play a part in rehabilitation, while the SAPS relies on the community to report crimes.
Strategy 2 states that communication between various role-players, especially the police and communities, is vital for increasing confidence and trust in the criminal justice system. For example, when crimes are reported, victims should not have to wait for long to receive case numbers as this does not provide an immediate guarantee that something will be done.
Strategy 3 is the need to strengthen the criminal justice system in responding to crime and the importance for various state organs in the criminal justice system to collaborate to ensure multisectoral strategies for crime prevention.
Strategy 4 entails encouragement of community participation, especially participation partnerships with the SAPS and other law enforcement agencies, for integrated crime prevention, including pro-active responses in dealing with crime - especially domestic violence - and the development of systems where individuals are informed of the status of their reported cases.
This strategy has been proven to be very effective in Cuba, which has one of the lowest crime rates in Latin America. In Cuba community organisations play a significant role in controlling criminal activities by generating and sustaining citizen participation and generating an understanding of the nature of community crime and helping to form partnerships for community policing.
Strategy 5 is the necessity for the police to continuously strive towards protecting people's rights and the need for the media to ensure positive reporting of crime in order to create the desired paradigm shift in communities.
Strategy 6 entails educating the public about their responsibility towards crime.
Strategy 7 requires a better balance between the rights of the accused and the rights of the victims. This may include the mechanisms to protect victims from reprisals in reporting crimes and to facilitate testimony in courts.
Strategy 8 is a long-term general change of mind set through school curricula and special programmes that impart to the youth much-needed life skills, positive social values and healthy recreational opportunities.
Strategy 9 is based on the Broken Window Theory which states that an increase in minor crimes dynamically triggers more severe crimes without the reverse being true. As far as enforcement is concerned, tougher enforcement in respect of mild offences not only reduces minor crimes, but also dynamically deters more severe offences. Put simply, petty crimes like jaywalking and public urination have to be tackled very strictly and strongly and the other crimes will start dropping.
In conclusion, it should be noted that while South Africa is said to have one of the highest crime rates in the world, there is an element of unfairness in this assertion, because South Africa is usually compared to developed countries as many developing countries do not keep proper and reliable records of the crimes that are committed there. Also, the socioeconomic conditions, unemployment levels and the state's ability to help those in need are more favourable in the developed states concentrated mainly in the northern hemisphere.
The TEMPORARY CHAIRPERSON (Mr A Mlangeni): Order! Thank you, hon member, your time has expired. Thank you. Your time has expired, please.
Mr N B FIHLA: And lastly, Chair, I must emphasise that all of us should be guided by the Freedom Charter and the Polokwane resolutions as we walk this route. I thank you. [Time expired.
The TEMPORARY CHAIRPERSON (Mr A Mlangeni): I want to be honoured. When I say that your time has expired, it means it has expired. Thank you very much.
Ms S C N SITHOLE: Hon Chairperson, hon Minister and hon Members of Parliament as well as my beloved intelligence community. I thank God for allowing me to be alive and well to participate today in the era when the African National Congress is in government. I love the ANC. [Applause.
I most humbly express my gratitude and that of my organisation to the dedicated intelligence community of our land. These men and women work tirelessly under very difficult circumstances to protect all of us, at times without sufficient recognition and praise because they work in secret. Today I want to praise them in public. Long live the intelligence community, long live!
The 2010 Fifa World Cup is finally coming because you kept your eyes on the ball. You did not listen to the negative publicity of the prophets of doom. We salute you, may God give you courage and wisdom to continue working for the security of the government of South Africa. The ANC supports this budget.
Our founding document, the Freedom Charter, dictates that the people shall govern. It further entitles all South Africans, black and white alike, to take part in the administration of the country.
In 1994, as the ANC, we introduced accountability, a word unknown in the history of South Africa. We did that, because, when we pass this budget, we will stand equal to the task. We are going to scrutinise the operation and efficiency of the budget. We will call to account to the Joint Standing Committee on Intelligence, JSCI, the accounting officer, and we expect quarterly reports on time. We expect to be taken on board regarding any material occurrence on the budget of the department before, not after, the occurrence.
We expect financial statements prepared in line with generally accepted accounting practice and generally recognised accounting practice for your department and all your parastatals. All that must happen on time. We do not love historical explanation on material financial expenditure, because we are always available here to listen and, if need be, to physically come and verify.
My hon colleague, hon Coetzee, I want to assure you that there is no secret for us. We have been vetted, we have gone through the necessary processes and we have the right to know everything, and to this the JSCI and government shall account.
Finally, I want to advise the hon Minister and the department to co-operate with the Auditor-General because it is in your best interest. You must answer all the management letters, because the Auditor-General only needs to understand your circumstances. If you do that, it's going to make life easier for yourselves and the Auditor-General - we are not that interested in reading qualified reports.
I want us all to remember this. Always remember the importance of the centrality of Parliament to the process of democracy. Democratisation is not an event, it is an ongoing process, so it will take some time.
The power of the past can and has to be used to ensure the best use of the allocation in a manner accountable to the public. One of Parliament's important mechanisms for controlling the executive is the budget. From the early days of the first assemblies in Western Europe, Parliaments demanded a say in policy matters, their claim being "naught exertion without representation". It remains essential that Parliament monitors the use of state's scarce resources, both effectively and efficiently.
I want to promise this House that we are equal to the task. We are going to monitor the expenditure. There is no way, as the ANC, that we are going to allow abuse of funds. Our President is very clear on that. He doesn't want corruption. We have to work in a manner that shows that we are serious as this country, because it doesn't matter how much we desire security; if the money is abused and we have no resources, we are not going to achieve that goal, and there is no way we are going to get money elsewhere. We've got to live with the money that we have. We've got to make sure that we satisfy the public that the monies of the state are secure.
I want to assure Mr Coetzee that the only secret is in our committee room. The secret documents go there. We read there, we write a report and we're not going to mark it secret if they have overspent the money. We are going to table it in the legislature without the secret. So accountability will still be there. We need to question government fearlessly and we are going to do that.
When it comes to matters of security, the party to which you belong is not important. You need to make sure that your utterances and what you say in public are in the best interest of the country, because when South Africa becomes unsafe, it becomes unsafe for all of us. I thank you. [Applause.
Mr N M KGANYAGO: Chairperson, Ministers, Deputy Ministers and members present here today, the United Democratic Movement supports this Budget Vote.
Polokego ya setšhaba e bohlokwa baduding ba naga ye nngwe le ye nngwe. Se se re gopotša polokego ya batho bao ba tla bego ba kgobokane nageng ye ya gaborena matšatšinyana a se makae ao a tlago kua mapatlelong, go lebeletšwe meraloko ya kgwele ya maoto. Ka ge bonaba, bonokwane le bohlokotsebe di tletše lefaseng, re tshepa gore Tona ya rena ya tša Tšhireletšo ya Naga o ipeakantše ka botlalo mabapi le polokego ya mašabašaba a batho ao a tla bego a nyeuma mapatlelong a dipapadi ka tšhomišano ya dikgoro tše dingwe tša go swana le ya tša Tšhireletšo le Bagale ba Sešole le ya tša Sephodisa. Ke kgolwa gore bo tshebi ya dira bao ba lego gona nageng ya gaborena ba tloga ba hlahlilwe gabotse ka botswerere gore ba dire mošomo wa bona wa go kgoboketša ditaba tše bohlokwa tša go šireletša setšhaba ka botswerere.
Kuranteng ya The Citizen ya lehono go bolelwa ka pomo yeo e paletšwego ke go thuthupa sefataneng seo se bego se beilwe go šomišwa bjalo ka molaba wa go bolaya setšhaba sa Amerika - ke gopola gore le e bone le lena taba ye. Ge ke tsopola kuranta ye e re: "The intent behind the terrorist attack was to kill the Americans."
Go Tona ya tša Tšhireletšo ya Naga le bašomi kgorong ya gagwe, bao re tshepago gore ba tla dira mošomo wa bona ka tshwanelo, re re ba dule ba le komana madula a bapile gore dinokwane, ditsotsi le ba bangwe ba go dira bošula e be bašimanyana go bona.
Ge baeng ba tlile ka gae, ke setlwaedi sa setho go beela diphapano le dipolelo tša go se re selo ka thoko. [Tšhwahlelo.
Na le bakgalabje le ba tima nako [Nako e fedile.] [Legofsi.] (Translation of Sepedi paragraphs follows.?
Safety is an important element in each and every country. This brings up the issue of safety for the people who are to gather in the stadiums in our country very soon to watch the soccer games. We believe that the Minister of State Security, with the help of the Department of Defence and Military Veterans and the Department of Police, is ready to deal with enmity, roguery and crime - that security will be enforced for the people who will be flooding the soccer stadiums. I believe that the journalists in our country have been properly trained to do their job competently by collecting important information with regard to safety.
There is an article in The Citizen today about a car bomb that failed to explode; it was intended to kill the Americans - I suppose you saw this article. It read thus and I quote: "The intent behind the terrorist act was to kill the Americans."
We trust that the Minister of State Security, together with the people in his department, will be ready to deal with rogues, hooligans and any other person who might try to spoil the whole event.
It is only human to put aside our differences and avoid unnecessary topics during the period when we are hosting the World Cup. [Interjections.
Does time limit also apply to the elderly people [Time expired.] [Applause.]?
Ms S T NDABENI: Chairperson, hon Minister Dr Cwele and other Ministers present, hon Members of Parliament, the director-general, members of the intelligence community and distinguished guests, as the ANC we believe that our budget debate should be premised on our policies.
We believe there is no budget that takes place in a political and economic vacuum. It takes place at a time when crime and criminality have become sophisticated, with wider criminal networks. The Freedom Charter's clarion call that "there shall be peace and friendship" is relevant at our political juncture, for our hopes and the realisation of our achievements.
Indeed, we have achieved peace in the last 16 years. We need to deepen such peace and friendship among ourselves in our nation and with all nations. We must ensure peaceful conditions during this forthcoming 2010 Fifa Soccer World Cup.
Peace and stability is one of the priorities of the state security and intelligence community. Equally, it is the priority of the ANC. In this regard we need to improve the co-ordination and use of intelligence. This budget needs to strengthen all intelligence structures as part of the state security apparatus in the prevention of crime and criminality. Intelligence capability needs to be improved across the peace and stability cluster to ensure better investigations, prosecutions and prevention of cybercrime, in particular. Networking with other law enforcement agencies should be enhanced.
In the context of investigating and prosecuting organised crime, it is important that different law enforcement agencies network in terms of jurisdictions and across government. This would involve formal and informal networks based on targeting specific types of crime and their prevalence. This has to be a diverse process due to the diverse nature of cases and their circumstances.
Consequently, our restructuring and capacity-building must develop effective and efficient intelligence architecture, improve the quality of intelligence products and build a professional civilian intelligence service. This will require that both the National Communications Centre and other services invest more in their technical capacities.
The SA National Academy of Intelligence is crucial in terms of the kind of training it offers to the intelligence community. There is a need for both cadet and advanced operational training. This restructuring must enhance output for the academy. It should not impact negatively on the training offered by the academy; it should rather bring the best human skills to the fore. No doubt, capacity-building and restructuring require more resources to effect the required changes.
The Minister, Dr Cwele, last year informed this House that they will open up their recruitment processes and inject new blood into their workforce. His department will tap into the best of South Africa's brains, ensuring that their expertise is used to reinforce the department's knowledge of strategic fields. This commitment is important if the State Security Agency is to succeed in this process of renewal after 16 years.
We all know that intelligence is a sensitive area and that it demands a deep level of patriotism, hence the prerequisite that only South Africans can join our intelligence services. The implications of this for capacity-building are enormous in that, for the requisite expert human capital, the State Security Agency can only depend on the limited South African skills market. It would be commendable therefore to come up with a plan to not only attract the best brains in South Africa, but also to encourage the development of this scarce resource, particularly in the area of research and analysis. It needs to look at ways of mobilising our young people into the intelligence profession, with a sensitivity towards and representation of our people in terms of race, gender and disability.
The ANC manifesto identifies five priorities. I will only mention those that are relevant to the cluster: All people in South Africa are to feel and be safe. This will be achieved by building a skilled and capable workforce that can support an inclusive growth path.
The intelligence services' best mechanism to support government in implementing these priorities is through strengthening its capacity. The ANC is committed to the building of a well-resourced intelligence capacity of motivated, loyal and professional officers. We are committed to a career path and a human capital utilisation programme built into it.
This budget must talk to a better-organised State Security Agency with the requisite capacity to deal proactively with matters that pose a threat to the peace and security of the country. It should therefore enhance the integrity of state information and promote anticrime preventive measures to ensure that sensitive state information is managed and protected from theft and manipulation.
Furthermore, through this budget we must strengthen the protection of information from cyber attacks, unauthorised disclosure, corrupt officials, criminal syndicates and foreign information pedlars. This includes the establishment of early warning systems to monitor and identify risks in national infrastructure. Above all, so as to elicit maximum co-operation and support from communities, we must continue with the promotion of the awareness of the role of intelligence.
The management and security surrounding the border environment impact on the territorial integrity of our Republic. We were therefore comforted by the declaration of our President, Jacob Zuma, during his state of the nation address, that plans were under way regarding the establishment of a border management agency. We are therefore pleased to hear that intelligence is leading the interdepartmental work to ensure that the agency is realised this year.
We indeed urge our Minister to ensure that his department continues to work with the Department of Home Affairs, the SA Police Service and the Department of Defence and Military Veterans to ensure that our borders are secured.
There is an urgent need for the clarification of the mandate of the border management agency, with a special focus on stakeholder roles. This will assist all operatives to perform their duties with enthusiasm and efficiency.
Our recent oversight as the Defence and Military Veterans' portfolio committee revealed serious challenges around the lack of capacity to secure our borders. The situation can be exploited by all criminal elements due to movements of people in and out. Our Constitution is very clear about the role of state security services to ensure national security.
In conclusion, in the context of building a developmental state, the state security apparatus needs to be strengthened for conditions which favour the overarching role of the state to lead development for a better life for all.
This task calls for intelligence agencies to be capacitated with relevant infrastructure and human resources. It calls for intelligence networks to be strengthened in relation to other law enforcement agencies in a co-ordinated manner.
Peace cannot be achieved through violence. It can only be attained through understanding. Let us therefore not be crybabies, but rather understand the challenges that this department and country face.
Without a doubt, our available resources must be used appropriately to accomplish this task and overcome these challenges. As the ANC we support the Budget Vote. Thank you. [Applause.
Mr P J GROENEWALD: Chairperson, hon Minister, I always say that I am privileged in the sense that I am not a member of the portfolio committee or the Joint Standing Committee on Intelligence. The benefit of that is that I can speak freely. I don't have to keep everything a secret and so, if I am frank about this, hon Minister, please take it in that sense.
Voorsitter, die agb Burgess was korrek toe hy gesê het dat die mense wat by intelligensie werk, mense is wat agter die skerms werk. Ons sien nie altyd hulle harde werk nie. Ons weet nie altyd wat hulle doen nie en, van die kant van die VF Plus, sê ons dankie vir daardie werk. Ek dink ook jy moet 'n sekere soort persoonlikhheid hê om so te kan werk en jou beste te lewer in diens van 'n land waar daar nie altyd waardering is nie.
Maar ek wil ook aan die agb Minister sê - en ek kom nou net van die debat van die Minister van Justisie en Grondwetlike Ontwikkeling af, ons het môre die debat van die Minister van Polisie en ons het vandag u debat - al hierdie verskillende departemente praat van misdaadbestryding en hoe ons misdaad in Suid-Afrika gaan vasvat, maar die werklikheid in Suid-Afrika is dat daar te veel mense is wat slagoffers, veral van geweldsmisdade, is.
Ek wil vir die agb Minister sê dat daar meer aandag gegee moet word aan die invoer van onwettige vuurwapens. Die agb Minister van Polisie is baie vinnig om die wettige vuurwapeneienaars te beskuldig dat hulle nou die oorsaak van misdaad in Suid-Afrika is. Dis waarom hy hulle wapens wil vat. Maar dit gaan hier oor die onwettige vuurwapens wat deur sindikate oor ons grense in die land ingevoer word.
Agb Minister, ek weet ek kan met 'n bottel brandewyn 'n AK-47 kry. Dis nogal 'n redelike goedkoop een waarvoor jy nie 'n baie duur brandewyn hoef te vat nie. Dit is die werklikheid, en as ons gaan kyk [Tussenwerpsels.] Ja, ek drink eintlik whisky, nie brandewyn nie; jy is reg!
Maar wat ek eintlik wil sê, is dit: As 'n mens gaan kyk na die wreedheid van veral aanvalle - nie net transito-aanvalle nie - word dit ook nou in baie ander aanvalle gebruik. Outomatiese wapens, wat nie in besit van private mense was nie, word gebruik, en dit wek kommer.
Die ander aspek is dié van dwelms. Ja ek weet, u sê ook, as Minister, dat daar indringend daarna gekyk word, maar ek wil ook vir u sê dat dit kommerwekkend is as 'n mens op televisie en in nuusblaaie in die buiteland moet sien dat Suid-Afrika as die mekka van dwelmhandel beskou word. Dit is 'n groot probleem. Dis 'n persepsie wat reggestel moet word. 'n Mens kan dit verstaan dat, as jou vorige hoof van Polisie, die kommissaris, teregstaan op aanklagte dat hy korrupsie gepleeg het met die dwelmbase van Suid-Afrika [Tyd verstreke.] (Translation of Afrikaans paragraphs follows.
Chairperson, the hon Burgess was correct in saying that individuals working for intelligence services are working behind the scenes. We do not always see their hard work. We do not always know what they are up to, and the FF Plus would like to thank them for that. I also think that one needs to have a certain personality to work like that, to deliver one's best in the service to one's country, where appreciation is seldom forthcoming.
But I would also like to mention to the hon Minister that - and I've just returned from the debate of the Minister of Justice and Constitutional Development, tomorrow we will be having the debate of the Minister of Police and today, we are having your debate - all these various departments are speaking about the combating of crime and how we intend addressing crime in South Africa, but the reality in South Africa is that we have far too many victims, especially of violent crimes.
I want to say to the hon Minister that the importation of illegal firearms requires urgent attention. The hon Minister of Police is very quick to accuse legal firearm owners as being the cause of crime in South Africa. That is the reason why he wants to confiscate their weapons. But we are dealing here with illegal firearms that syndicates are importing into our country via our borders.
Hon Minister, I know that I can get an AK-47 for a bottle of brandy; and a fairly cheap one at that. You do not even need a very expensive brandy. That is the reality. And when one looks at [Interjections.] Yes, I do actually drink whisky, not brandy; you are correct!
What I really want to say is, when one looks at the cruelty of the attacks - not only at in-transit attacks - this is now being used in many other attacks as well. Automatic weapons which are not owned by private individuals are being used, and this is of concern.
Then there is the drug problem. Yes, I know, Minister, you also mentioned that this ought to have an in-depth investigation, but I would like to say that it is disturbing when one is out of the country and one sees on television and reads in newspapers that South Africa is regarded as a haven for drug smuggling. That is a big problem. It is a perception that should be rectified. One can understand that, when one's former head of Police, the commissioner, is on trial for corruption involving drug lords of South Africa [Time expired.
Among the increasingly intricate arsenals across the world, intelligence is an essential weapon, perhaps the most important. But it is, being secret, the most dangerous. Safeguards to prevent its abuse must be devised, revised and rigidly applied. But, as in all enterprises, the character and wisdom of those to whom it is entrusted will be decisive. In the integrity of that guardianship lies the hope of free people to endure and prevail.
This quotation, read with section 198 of our Constitution, in essence typifies what we are about. It also explains why we are here today. Our role in this Parliament is to ensure that the South African taxpayer receives value for money from our intelligence services and agencies, whilst at the same time we must ensure that the enormous power placed in their hands is not abused.
Like others who spoke before me today I take this opportunity to pay tribute to all men and women of our intelligence services who strive to ensure that we can all sleep peacefully without fear of threat. They do so unheralded, unsung and usually unknown.
The hon Minister in his speech today said that 16 years into our democracy the White Paper on Intelligence needs to be reviewed. Hon Minister, this announcement is opportune and most welcome. It brings me to the point that I want to make in my speech today. Much has been written and commented on around what is called the Ministerial Review Commission. As a committee we have not really had an opportunity or a platform to give our side of the story around this commission's report until now.
First, as a brief background, it was made clear to the committee that the commission was an initiative of the executive or Cabinet. Despite our scepticism and a fair amount of concern, the committee opted not to object to it or to oppose it. When the commission finally completed its work, as parliamentarians, we all expected a report that would follow the normal conventional processes, including its tabling in Parliament.
Instead, the Joint Standing Committee on Intelligence was astonished to learn that copies of this report had been made available to certain media houses. The Joint Standing Committee on Intelligence's, JSCI, astonishment quickly turned into disappointment when certain members of the media, the former Minister of Intelligence, Mr Ronnie Kasrils, and a member of the commission, Prof Laurie Nathan, accused the JSCI of not fulfilling its duties, for not considering the report and for not carrying out its recommendation. This is a perfect example of how not to deal with an official inquiry of this nature.
However, noble and well-intentioned as its goals and objectives may have been - and hon Minister, we trust that you have taken note of this - you cannot demand that a parliamentary committee consider and implement the recommendations of the report that was tabled at the Mail and Guardian. The reason is that you show absolute distrust and disrespect for people who have been elected to carry out the work. I find it offensive that, whilst you completely ignored the laid-down processes and procedures and failed or refused to formally place this report before the joint standing committee, you then publicly criticised us for not considering the report. The hon Maynier seems to find that favourable.
We have also been reliably informed that aspects of this report that was leaked to the media were still classified. Now the hon Maynier has no problem with that. If this is true, and we have no reason to doubt the veracity of this information, it places the authors of this report in an extremely invidious situation.
Chairperson, let me address some of the issues raised by hon Coetzee. Very early in my membership of the ANC I was approached by Cyril Ramaphosa and he had this to say to me, "You are very effective in raising and highlighting problems, but you are very ineffective in putting forward solutions". Listening very carefully to hon Coetzee, very few, if any, solutions came from his speech except, perhaps, if I understand him correctly, that everything should been drawn over. There should be no secrets. One is tempted to believe that there should be no intelligence services in South Africa.
Now, a very important point for hon Coetzee to remember is that the rights contained in our Constitution, which were fought for by the likes of Nelson Mandela, Walter Sisulu and O R Tambo, are not absolute. National legislation referred to by the hon Coetzee already exists in section 32 of our Constitution. That legislation is called the Promotion of Access to Information Act, and it was signed into law on 2 February 2000.
The integrity of South Africa's system of identity documents is crucial to our national security. Anything that negatively affects or impacts on the system constitutes a threat to our national security. It is with in this in mind that for some years now we have posed the following question to the Minister of Intelligence and to the heads of our intelligence services: Does the Department of Home Affairs constitute a threat to South Africa's national security Thus far, the answer to that question has been "No", notwithstanding the endemic corruption and bribery within that department?
It was encouraging, therefore, to see the hon Minister of Home Affairs, Dr Nkosazana Dlamini-Zuma, concede on national television that the Department of Home Affairs has indeed become a threat to national security. One is even more heartened and encouraged by the steps she has taken to address the widespread corruption within her department. The hon Minister deserves nothing but praise for her efforts in this regard. [Applause.
I say this, Chairperson, for the following reasons: It is common knowledge that two foreign nationals in the not too distant past entered South Africa illegally. They then proceeded directly to an official at the Department of Home Affairs who had been identified by them and obtained South African identity documents in exchange for cash. With those documents they applied for visas and travelled to Britain. On arrival in Britain those two nationals were detained by British authorities.
The upshot of it is that the British authorities place very stringent conditions on South Africans travelling to Britain, and quite rightly so. I admit that the British have every right to do that. The South African system had been seriously compromised.
Now, in the not too distant past we learnt from the media that two senior members of Hamas were assassinated. Later it transpired that the assassinations were carried out by members of Israel's Mossad. It then later transpired that those two members of Mossad had obtained British travel and identity documents and indeed had landed on South African shores.
We had a situation where his Excellency the British Ambassador to South Africa appeared on television contextualising the decision by Britain to impose the strict condition that they had on South Africans travelling to that country. Would it be fair for us to expect him to do the same now that they formally handed British identity documents and travel documents to members of Mossad who travelled via South Africa because they were being pursued by international law enforcement agencies?
I leave that to you to answer. I have my own views on the matter. Perhaps hon Coetzee will now begin to understand why we have intelligence services. However, it brings into focus the good work the honourable women and men of our intelligence services carry out on a daily basis. Thank you. [Applause.
The MINISTER OF STATE SECURITY: Chairperson, let me begin by thanking all the members for the positive contribution they've made. I hope that your inputs today have instilled the sense of confidence in our citizens that we have to unite when dealing with these matters of national security.
Chairperson, I don't have enough time, but I'll make an attempt to deal with some of the specific questions which have been raised. The first one is about financial controls and accountability. I just want to reassure members that we still remain very committed to account to Parliament. We see the value of accounting to Parliament; we see the value of interacting with the inspector-general and the Auditor-General because it is only through these institutions that we can identify our gaps and improve our capabilities as the intelligence community.
Some members have spoken about our private company called Comsec, formally Electronic Communications Security (Pty) Ltd. It is true - and we have reported this to the Joint Standing Committee on Intelligence, JSCI, and that there are challenges within this company. It is a company that is supposed to be a private company but operating within the public sector of the intelligence community. There were challenges right from its birth so the fault doesn't only lie with those who are managing it. It is in this respect that we undertook to restructure the intelligence community to streamline these components and entities.
In this regard, it is true that we have been working very closely with the Auditor-General and there are still problems. Last year, we did ask the board - because it is a private company - to do a wind-up report. Then it could be presented and we would be able to wind up the company, because the National Treasury did allow us to wind up the company so that it can become a branch of the State Security Agency. It is my intention, in the next few days, to dissolve the Comsec Board because it has failed to give that report for over six months, now. We will move with speed to incorporate the concept back into the State Security Agency so that it can start putting the measures in place.
On the 2008 Ministerial Review Commission Report - Mr Landers has adequately dealt with the matter - I would also like to emphasise that, as government, we considered this matter. Some of the issues which were contained in that report are part of the review which we are already undertaking. The difficulty is that the report didn't follow the normal procedures. It didn't finalise these processes in the Cabinet; it was not approved by the Cabinet, but while the Cabinet was still considering the report it was leaked to the media and it was there. There was no way that the Cabinet could endorse such processes, because that is undermining all processes and the procedures of Parliament. In short, while that report may have some of the important issues that we are incorporating in our own restructuring, it has no official status in government. Therefore, we will not table that report in Parliament.
Chairperson, I want to comment on the killing of farmers - I'm sure Nyambose will also be able to deal with this matter at length tomorrow. There is no evidence that the killing of farmers predominantly emanates from illegal arms which come from outside the country. Most of the criminal syndicates who operate may include people who may be foreign nationals and have South Africans as their leaders. It is our own citizens who lead these syndicates that commit these crimes.
I think the issue of reducing firearms in the community in general and removing illegal firearms is the project which we fully support as government. In this regard, Minister Mthethwa did extend amnesty - I think it just expired - to all the citizens who do not need these weapons. When they come and rob you in your house, the first thing they look for is your safe and your gun; and that is how these legal guns are being converted into illegal firearms.
One of the members commented on the killing of farmers. Our plea is that we should not politicise this killing of farmers. Killing of farmers is a criminal matter and it must be dealt with as a rule of law matter. It is very important, because we have seen this with the recent killing of the leader of the Afrikaner Weerstandsbeweging, AWB, where some of the members of the community were trying to politicise this matter or even claiming that some liberation song contributed to such killing. We have not seen that evidence. I think it is important, because the whole world was looking at this matter and were very happy about the way this government has dealt with the matter as a rule of law.
In this regard, even President Obama recently praised President Zuma saying that they have full confidence now in South Africa since we have shown that we can deal with the challenges through the manner in which we dealt with this killing. In short, we call upon all political leaders to condemn such killings; for the donor sisters as a nation to move forward; and for the donor sisters in ensuring that there is this cohesion, because it's through this unity that we can assure that everyone prospers in South Africa.
To clarify some mandates in respect of the border management agency, we will come back to Parliament once the process has gone through the process of government authorisation. As we have said, we have finished the feasibility study; the task team led by the directors-general has done its work; and that feasibility study is now undergoing scrutiny by the Department of Public Service and Administration and the National Treasury so that when we form it, we will ensure that the correct level of personnel to do these functions are clarified and the budget is available for it to operate.
As we said, we are not waiting for the actual formation of this border management agency, but we are taking steps to ensure that we close all these gaps. That is why we are busy trying to increase the capacity of the existing or current border co-ordinating committee in order to reduce any vulnerabilities as we move towards the 2010 Fifa World Cup.
We are working very closely with the Minister of Home Affairs, Dr Nkosazana Dlamini-Zuma, on the identity documents, ID, fraud matter. We believe that through the programmes she has put in place and by working with the whole security cluster, we will be able to overcome this problem. The Minister has urged us as Members of Parliament and the community to bear in mind that, in general, one of the weakest points in ID fraud scenario is that we allow the late registration of births where people as old as I am come and apply for a birth certificate. Once you get a birth certificate, you get access to all our documents. We hope that the members will spread this message, because it is very common that you get people from our neighbouring countries claiming - without even having any African origin - that they were born in these neighbouring countries and then claiming these documents.
We are not just limiting ourselves to IDs or improving the integrity of the identity documents; this year we will move to other critical databases, whether in transport or economic departments, to ensure that they also have integrity, because, if not, that may have negative consequences on our own economic development and progress.
Lastly, on the issue of the 2010 Fifa World Cup, we would like to give the reassurance that, as of today, we have been working with all security agencies around the world. We have been asking them if there was anything they heard elsewhere which might become a threat to this tournament; none of them have said that there is a specific threat.
As we have said, we are not lowering our guard, but will continue to co-operate. We have a plan - General Cele has put this plan to the world and everyone has accepted it. We are working around that plan, but we also have a plan through our national disaster plan in case of any disaster which might happen during the event so that we would not be found wanting in that respect.
Some members have complained that the figures about tourism seem to be declining. But all of us know that the effect of global recession has had a significant impact not only on South Africa, but around the world. People are losing jobs; people have very little disposable income. But, despite that, as we go around the country and the world, we see a lot of enthusiasm in respect of people who want to come and witness this world event in South Africa. So, we will welcome them on 11 June and we hope that every South African will contribute in ensuring that this event is enjoyable and memorable. Thank you very much, Chairperson. [Applause.
The TEMPORARY CHAIRPERSON (Mr A Mlangeni): Members are reminded that the Extended Public Committee, EPC, on Public Works will meet in Committee Room E249 at 16:30 today. That is in here; you simply have to stretch your feet and backs.
The Committee rose at 16:03.
<fn>GOV-ZA.3509631En.2012-02-10.en.txt</fn>
Minister of Finance 2299 2.
Local Government: Municipal Systems Amendment Bill [B 22B - 2010] - Act No 7 of 2011 (assented to and signed by President on 2 July 2011).
A letter, dated 7 February 2011, has been received from the Minister of Arts and Culture, requesting in terms of section 7(2)(a) of the National Council for Library and Information Services Act, 2001 (Act No 6 of 2001), the relevant portfolio committee to approve the composition of a panel to reconstitute the National Council for Library and Information Services (NCLIS).
Referred to the Portfolio Committee on Arts and Culture for consideration.
General Notice No 289 published in Government Gazette No 34283 dated 11 May 2011: Draft Approval of Municipal Taxes Regulation: For public comment, in terms of the Municipal Fiscal Powers and Functions Act, 2007 (Act No 12 of 2007).
Yearly report to Parliament on international environmental instruments (2010-11), tabled in terms of section 26(1) of the National Environmental Management Act, 1998 (Act No 107 of 1998).
The President of the Republic submitted the following letter dated 17 June 2011 to the Speaker: National Assembly, informing Members of the Assembly of the extension of the employment of the South African National Defence Force for service in Mozambique waters and in international waters to monitor and deter piracy activities along the Southern African Coast of the Indian Ocean.
This serves to inform the National Assembly that I have extended the employment of two hundred (200) members of the South African National Defence Force, for service in Mozambique waters and in international waters to monitor and deter piracy activities along the Southern African coast of the Indian Ocean.
<fn>GOV-ZA.3511571En.2012-02-10.en.txt</fn>
The DEPUTY SPEAKER: Hon members, order! I wish to announce that the following vacancies, which occurred in the National Assembly owing to the resignation of certain members, have been filled.
The vacancy that occurred owing to the resignation of Mr E Rasool has been filled by the nomination, with effect from 9 July 2010, of the hon Ms C C September. The vacancy that occurred owing to the resignation of Ms M M A Nyama has been filled by the nomination, with effect from 29 July 2010, of Mr F T Maserumule. The vacancies that occurred owing to the resignation of Messrs L N Mkhize and T J Bonhomme have been filled by the nominations, with effect from 21 July 2010, of Messrs M A Cele and E Magubane, respectively.
Hon September made and subscribed the oath on 21 July 2010, and hon Magubane, hon Maserumule and hon Cele made and subscribed the solemn oath or affirmation on 3 August in the Speaker's Office. We welcome these members.
I also take this opportunity to welcome all other members back from recess. [Applause.] I hope we are all in one piece and that the vuvuzelas didn't make us deaf.
debates the role of the Public Protector in our democracy and the obligations of the Executive to pronouncements and requests by this Chapter 9 institution; and comes up with solutions to strengthen the role of the Public Protector and to improve the relationship between this office and the executive.
That the House debates agrarian reform, the need for food security and production, and the implications for land tenure.
debates the slow pace of rural land restitution and the uncertainty it has created in the agricultural sector; and comes up with solutions to improve the situation.
That the House debates the arrest of Sunday Times journalist Mzilikazi wa Afrika and its implications for media freedom in South Africa.
That the House debates the issue of the irregular appointment of Mr Phil Molefe as head of news, which has again placed the SABC board at the centre of controversy.
debates the acid mine water that is rising below the City of Johannesburg and is due to overflow into the central business district in early 2012; and comes up with possible solutions to deal with this imminent environmental disaster.
That the House debates the inability of government to manage the health system, in the light of more than 16 years in which hospitals have deliberately been ignored by government and in the light of the recent incident of a mother at Prince Mshiyeni Memorial Hospital who was left unattended for many hours holding a fetus in her hands, something that must rank as one of the most heartless offences.
That the House debates the shocking state of South Africa's roads, recent studies having indicated that the lack of maintenance of our roads over the past 16 years has led to a complete deterioration and that billions of rands are needed for repairs countrywide. The declining conditions of the roads have led to an increase in accidents, some of which have been fatal, as well as motorists incurring higher vehicle operation costs.
recognises that Amla is an exceptional competitor and worthy recipient of the honours which have been bestowed upon him; and extends its congratulations to Hashim Amla and wishes him everything of the best for the forthcoming cricket season.
recognises that for Muslims this month is a period of introspection, discipline and abstinence from worldly pleasures; and wishes all Muslims well over this auspicious period.
congratulates Albie Sachs on this great achievement.
congratulates Presidents Zuma and Halonen on their appointment as co-chairs to this important panel.
extends its congratulations to both choirs and their respective conductors on their exceptional achievements.
thanks the paramedics who saved these lives, as well as the churches that took in many of the elderly who have been left destitute; and conveys its heartfelt condolences to the families who have lost their loved ones in this horrific fire.
expresses its sincerest condolences and deepest sympathy to the government and people of China; and urges all nations to assist the people of China to help them rebuild their lives.
That the House debates at its next sitting the new economic growth path that is on the table.
The DEPUTY SPEAKER: Hon Turok, that will come tomorrow. That's a notice of a motion, for which the time has already passed.
believes that the win by these three African women scientists will inspire and motivate young women in Africa and particularly in South Africa to pursue science and mathematics, which are fields in which women are under-represented; and congratulates Dr Steenkamp for winning the mathematics/physics prize for Africa and for her excellent contribution to science, particularly her pioneering work in the field of vacuum ultraviolet laser spectroscopy.
congratulates Louis Oosthuizen for his convincing win at the British Open; and wishes Oosthuizen all the best in his future career.
believes that, with the same patriotism and enthusiasm, South Africans from all walks of life will actively embrace and continue with the spirit that has been created during the African World Cup; and calls on all South Africans to continue with the mood of celebration by wearing the colours of the flag and to keep the flags flying in their vehicles, offices and their homes.
acknowledges that today in a democratic South Africa equality is enshrined within our Constitution and that many positive steps have been taken in the past 16 years to redress the injustices of the past in order to realise the principle of equality within our society, but that even more still needs to be done to fully realise this constitutional right; and calls upon the leaders of the country, including the Government, civil society, labour and business, to redouble their efforts to address issues that further enhance gender equality and the creation of opportunities for women.
recognises his invaluable contribution to the activities of Parliament as a whole and the Corporate Services Division in particular; and expresses its sincere condolences to his family, friends and loved ones.
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, we obviously have no objections to that motion, but the matter I want to raise is that the photograph that was pictured on the screen was highly inappropriate because it had the ANC flag on it. Mr Mbangula was an official of Parliament first and foremost, and nothing else. Political affiliation should be completely irrelevant and I object to that. Thank you.
The DEPUTY SPEAKER: But are you not objecting to the motion?
The CHIEF WHIP OF THE OPPOSITION: Not at all.
The DEPUTY SPEAKER: Okay, thank you very much.
Ms P P XABA (ANC): Hon Deputy Speaker, the ANC-led government views rural development as a central pillar of our struggle against unemployment, poverty and inequality. Hence the ANC supports the initiative to create an estimated 10 000 jobs for unemployed rural youth through a programme recently launched by the Department of Rural Development and Land Reform on 19 July 2010.
The National Rural Youth Service Corps, NARYSC, will be targeting youth from deep rural areas, including those living with disabilities, between the ages of 18 to 35 and who have passed Grade 12. The National Rural Youth Service Corps is a two-year programme aimed at empowering rural youth from each of the 30 rural wards across the country. [Time expired.] Thank you, Deputy Speaker. [Applause.
Ms L D MAZIBUKO (DA): Madam Deputy Speaker, the arrest and detention of Sunday Times journalist Mzilikazi wa Afrika in Rosebank last week bore all the hallmarks of apartheid-era police action and detention without trial.
Certainly, the nature of the arrest and what seems to be the deliberate spectacle surrounding it are cause for serious concern to the DA. Wa Afrika was publicly accosted outside the Sunday Times offices. He was bundled into an unmarked car and driven four hours from Johannesburg to Nelspruit in Mpumalanga to explain why he was in possession of a fax. Why?
The arrest involved six Hawks vehicles and almost a dozen armed officers and came just a day after National Police Commissioner Bheki Cele referred to wa Afrika as a "shady journalist" on national television - and just three days after the Sunday Times published a story about Commissioner Cele flouting tender procedures.
Was this intended as a message to the free press Will we now see a return to the cloak-and-dagger-arrest of journalists who dare to speak out against the state, as was the norm under apartheid?
Among the questions wa Afrika was asked during interrogation, the police wanted to know "Are you destroying the image and integrity of the ANC in Mpumalanga" Police resources and intimidation tactics are now being deployed in defence of the ANC and its factions. [Interjections.?
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker!
Ms L D MAZIBUKO: Given the mounting evidence that the motive behind wa Afrika's arrest was purely political, it is incumbent upon the Police Commissioner and the Minister of Police to explain this action to Parliament and the public. [Interjections.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, I would like to rise on a point of order.
The DEPUTY SPEAKER: Hon member, there is a point of order.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, this was raised as a motion without notice.
The DEPUTY SPEAKER: Okay. Cope is next.
Ms S P RWEXANA (Cope): Madam Deputy Speaker, women in South Africa are facing the same challenges, whatever their political affiliation [Interjections.
The CHIEF WHIP OF THE OPPOSITION: On a point of order, Madam Deputy Speaker. The previous speaker, my colleague, was unable to finish her statement and I would like you to ask her to finish her statement. Thank you.
The DEPUTY SPEAKER: No, no, no, her time had expired when I took the point of order. Cope is next.
Ms S P RWEXANA (Cope): Madam Deputy Speaker, women in South Africa face the same challenges, whatever their political affiliation.
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, on a point of order, the previous speaker, my colleague, wasn't able to finish her statement...
THE DEPUTY SPEAKER: No, she did.
The CHIEF WHIP OF THE OPPOSITION: No, she didn't finish her statement and I would like you to ask her to finish it. Thank you.
THE DEPUTY SPEAKER: No, her time had already expired when I said there was a point of order.
Ms S P RWEXANA (Cope): Women in South Africa face the same challenges, whatever their political affiliation. They suffer physical abuse, they are under constant threat of being raped, they experience prejudice in the workplace, and they are subjected to cultural practices that are pertinently discriminatory. For women it is a huge uphill struggle. The struggle has to be intensified. The struggle has to be kept alive.
In the past, women stood up against racial discrimination and unjust laws in our country. Thousands of women left the country for various destinations in Africa and Europe to wage war against racial oppression. Every woman wants to be accorded respect and be treated with dignity. Every woman wants to enjoy equality with men. Every woman is therefore first and foremost a woman. The women of South Africa may have different views on many issues but they are united in their resolve to stand together and be counted as one.
By showing solidarity with one another we will create a future for our children in which girl children and women will be accorded the respect they rightfully deserve. Yesterday marked the 53rd Anniversary of Women's Day. Instead of it being celebrated for its universality, it was disheartening to find the ANC Women's League trying to monopolise the event that commemorated the march of our mothers that ended up at the Union Buildings in Pretoria on 9 August 1956 against the imposition of the pass laws. We commemorate the struggle of all women from all persuasions.
Mr A J WILLIAMS (ANC): Hon Deputy Speaker, the African National Congress believes that health reform involves the mobilisation of available resources in both the private and public health sectors to ensure improved health outcomes for all South Africans. As a result, a total of 18 new mobile clinics were launched in Mpumalanga to provide health-care access to rural villages and farming areas that have no clinic facilities nearby.
The Member of the Executive Council, MEC, for the Department of Health and Social Development, Dikeledi Mahlangu, launched the mobile clinics at the Leroro Community Hall in Matibidi Township near Sabie on Friday, 02 July 2010. These mobile units will make a difference in the lives of many rural and farming communities who are underserved because of the shortage of mobile clinics. The allocation of these mobile clinics will mean that people living in remote areas will not have to travel long distances to access basic services. This initiative is part and parcel of the ANC-led government's resolve to reduce inequalities in our health system and improve quality, care and access to public health-care facilities for our people. Thank you.
Mr A M MPONTSHANE (IFP): Mhlonishwa Sekela Somlomo, when we look at the results of the national matric supplementary exams held earlier this year, the IFP is extremely disappointed with the failure of our education system. The overall pass rate of 19,1% is shocking, to say the least. Mpumalanga achieved 11,9%, KwaZulu-Natal 19,2%, Free State 10%, Western Cape 26,2% and Gauteng was the top scorer in our country with only 31,5%.
Our education system is quite clearly failing the youth of this country and we therefore urge the Minister of Basic Education to take immediate action in identifying, addressing and rectifying all the factors that have contributed to this most appalling state of affairs. Our failure in this regard robs our children of a better future. I thank you.
Mr L W GREYLING (ID): Deputy Speaker, there is an environmental crisis unfolding in Gauteng and decisive action is needed from government to arrest it. The central basin upon which Johannesburg sits is filling up with acid mine water at the rate of almost a metre a day. Unless a decision is taken within the next few weeks we will not have the time to put in place the engineering solution to deal with the impending catastrophe. Already acid mine water is flowing out of the western basin at a rate of 6 million litres a day. The treatment works are proving entirely inadequate, with devastating effects for the surrounding environment.
In the eastern basin, the debacle of Aurora Empowerment Systems' ownership of the Grootvlei mine has led to millions of litres of untreated acid mine water being pumped daily into the surrounding wetland. Serious questions need to be answered as to how a few politically connected individuals could be given the rights to a mine when they did not have the financial resources or experience to take responsibility for its operations. The ID hopes that the impending lawsuits against these directors go ahead and that they are held criminally reliable for their negligence in allowing an environmental and human rights disaster to occur there.
The ID also calls for action to be taken against the liquidator of the Grootvlei mine, who should never have awarded the purchase to Aurora Empowerment Systems without first conducting a proper due diligence on them. The ID believes that it is now time for the Department of Mineral Resources to force mining companies to properly comply with all of their environmental responsibilities. Thank you.
Prince B Z ZULU (ANC): Chairperson, the ANC-led government is leading a massive public investment programme for growth and employment creation as part of the Expanded Public Works Programme's 2010 allocation. More than R8 billion has been targeted for road development and job creation through the implementation of labour-intensive road projects.
As such, more than 8 000 poor families in the North West are benefitting from a new road maintenance programme. The programme, entitled "Do it yourself", employs people from poor households in an effort to alleviate poverty and create sustainable livelihoods. The programme was rolled out across the province in the month of July 2010, specially targeting households headed by women in the rural areas, which have been identified in the four districts of the province.
Approximately R60 million has been budgeted for the programme and beneficiaries are poised to earn at least R520 a month for working eight days on identified roads. This shows the ANC-led government's commitment in implementing the Expanded Public Works Programme to support poor households. The ANC also believes that more can be achieved if we employ these kinds of programmes throughout the country. Thank you. [Time expired.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon members, we are conversing too loudly and I don't think we can hear each other now.
Rev K R J MESHOE (ACDP): Chairperson, the report in today's Cape Times about a whistle-blower whose salary was frozen and his official car taken away raises serious concerns. This action undermines the Protected Disclosures Act, which encourages employees to "disclose information regarding improprieties by his or her colleagues, other stakeholders and employer". According to this Act, government will not tolerate the harassment or victimisation of a whistle-blower and will take action to protect employees when they raise a concern in good faith.
Government has also promised to do its best to protect an individual's identity when he or she raises a concern and does not want his or her identity to be disclosed. The ACDP wants to know why employees who want to expose corruption are suspended and in some cases even expelled from their jobs. If informants are not protected but victimised, then what hope do we have for ever winning the war on corruption We believe whistle-blowers should be treated as heroes and not villains. Those who are victimising whistle-blowers are condoning corruption and should be investigated?
Earlier this year, a Member of Parliament was lambasted for exposing contents from a leaked document showing how Eskom has been charging, and will continue to charge, some companies such as BHP Billiton discounted electricity tariffs. Had it not been for whistle-blowers this would not have come to light. Government must do more to gain the confidence of members of the public who are aware of corruption. If they are convinced that their identities will be protected, more will come forward in order to expose the corruption that is plaguing our society. Thank you.
Ms S P LEBENYA-NTANZI (IFP): Hon Chairperson, the IFP has on numerous occasions expressed its concern that South Africa's ailing public health-care system is facing critical challenges and that it is on the verge of collapse. Recent examples of gross neglect and negligence are proof that the IFP has good reason to be concerned.
Last week, it was reported that a woman who had suffered a miscarriage had been left unattended for hours and told to sit on a bench at the Prince Mshiyeni Hospital in Umlazi, Durban. This followed the discovery of a decomposed body in an air duct at the Addington Hospital in Durban. In addition to that, in Cape Town the bodies of a boy and a girl were recently found dumped at a waste-removal company in Airport Industria. The identity bracelets on the babies identified them as coming from the Retreat Maternity Hospital.
During his state of the nation address in Parliament earlier this year, President Zuma renewed his government's commitment to work harder to improve South Africa's health-care system. It is clear from the examples above that this pledge has remained mere rhetoric and that government has not acted on its promise. The IFP calls on government and in particular on the Department of Health to recommit themselves to solving the many crises that have beset our failing health-care system. It is clear that without urgent interventions the health-care system will continue to fail dismally in providing basic health care to the millions of South Africans who rely on the system for their health-care needs. I thank you. [Applause.
Dr Z LUYENGE (ANC): From October the South African Revenue Service, Sars, will begin using a new and modernised programme when dealing with customs. The programme, which will be phased in over a number of years, will enhance both service and security at customs. The programme will assist in enhancing Sars's ability to identify illicit goods and will go far in promoting South Africa as a secure and reliable trading partner.
Part of the programme entails customs operations moving from a partially paper-based environment to a simplified, automated and more cost-efficient environment which will make customs operate faster and more efficiently, because delays can be costly. Some of the initiatives of the modernisation programme include electronic supporting documents, whereby people will be able to electronically submit any supporting documents required by customs for the finalisation of a transaction. This will reduce the paper load and the burden of a trader having to physically deliver them to Sars.
In addition, the Sars contact centres will be increased to accommodate customs queries through Sars-trained call-centre agents. Sars will also introduce a single solution as opposed to the 37 systems that are currently in place. This is proof that the ANC-led government is committed to making government work faster and smarter. Together we can do more. [Applause.
Ms D KOHLER-BARNARD (DA): Chair, on the 19 November 2006 I asked the then Minister of Safety and Security how it was that everyone in this country was talking about the close relationship between the former Police Commissioner, Jackie Selebi, and the Kebble murder suspect Glenn Agliotti and what his response was.
That relationship was dominating news headlines at the time, but the ANC National Executive Committee seemingly believed that the problem would just go away if they ignored it for long enough. They missed an ideal opportunity to prove the ANC's commitment to the fight against crime and chose not to discuss the Selebi-Agliotti friendship.
What I said then was that Commissioner Selebi should not remain in office while the investigation into Agliotti and the murder of Brett Kebble continued, and that it was totally improper for him to keep his position until the Scorpion's investigation had been wrapped up. I said that an objective investigation would be extremely difficult while Selebi was still in the driving seat. It was obvious then, as it is now, that the person tasked with leading the fight against crime should be above reproach when it comes to the people he or she associates with.
The President and the Minister of Safety and Security ignored me then, as they did the extensive in-depth reports by our free media on the matter. They could not ignore the Scorpions, who, against the greatest odds, have won probably the last great case in court, resulting in Selebi receiving a 15-year jail sentence. Thanks to the ANC, we no longer have a unit that would necessarily have investigated a crooked National Commissioner. The Hawks is the National Police Commissioner's hand puppet and would never, ever, as I said on that dismal day, 30th of January last year when the ANC shut down the Scorpions, contemplate such an investigation, now would they [Applause.?
Mr D A KGANARE (Cope): Chairperson, once again our country is about to be crippled by a major public sector workers' strike beginning today. We regret that negotiations failed to resolve the disputes. We in Cope are fully sympathetic to the unions demanding a higher pay for their members.
For the ANC-led administration, characterised by excessive bling, lavish and ostentatious spending, pervasive corruption and wide-scale futile expenditure, the chickens are coming home to roost. If the public perception is that money is not a factor for Ministers in government, why should it be a factor in addressing the pay demands of the public sector After all, workers and government members were supposed to be in the same boat after 1994?
Therefore, worker solidarity should have prevailed and the fat of the land should have been spread evenly across all segments, legally deriving benefits from the fiscus. This has not happened, and the income inequality has been exacerbated. Therefore, this strike is not only about the rapidly rising costs of living but about income equalisation as well.
Unfortunately, with the extended school holidays granted this year, a new and further loss of school time through strike actions in schools would be most injurious to the children of working-class families. It would also be iniquitous. We just cannot afford to make innocent children pay for the failures and excesses of government. They have a future to secure and therefore, to help them reach it, no stone should be left unturned.
Cope also recognised that President Zuma and the hon Minister of Higher Education and Training, prior to their coming into government, created certain expectations in 2008. Those who voted for the government in 2009 are now demanding their payback. [Applause.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, your time has expired.
Mr M GUNGUBELE (ANC): Chairperson, the ANC-led government's vision to have dedicated courts to handle cases during the World Cup has paid off. The Department of Justice and Constitutional Development has set up 56 courts across the country, specifically dealing with World Cup-related crimes.
According to figures released by the department, the courts dealt with 172 cases since they opened on 28 May up to 04 July.
The majority of those cases - about 139 in total - have already been finalised. There has been 104 convictions; 33 postponements; 28 cases were withdrawn and 7 people were acquitted. Approximately 45,35% of the cases were in Gauteng; while 25% were in the Western Cape; followed by the Eastern Cape with 12,21%. Of the cases that were heard by the courts, 59 were theft related, with the selling of World Cup tickets; 23 were common robbery; 11 were fraud; and 10 also featured high up on the list.
We commend the Department of Justice and Constitutional Development's foresight in the opening of these dedicated courts as an integral part of the national security plan intended for the 2010 Fifa World Cup tournament. We have shown the world that together we can do ngcono [better.
The LEADER OF THE OPPOSITION (DA): Hon Chairperson, the DA is finding it unacceptable that at the recent so-called Farmworkers Summit in the Western Cape the ANC misrepresented the DA's plan for equity share schemes, describing them as a confiscation scheme to divide all farms in half and give away 50%.
This is a clear misrepresentation of the DA policy for propaganda purposes. Equity share schemes generally worked well for both farmers and workers in the Western Cape until they were stopped through a moratorium last year. The DA's proposal allows for farmworkers to become part owners of farms that are available for sale and to gain access to high-value agricultural land while retaining the involvement and investment of the commercial farmer, a crucial determinant of long-term viability in land reform initiatives.
The current land reform system has failed to empower the intended beneficiaries in any meaningful way and has, in fact, compromised South Africa's agricultural productivity and the rural communities that rely on it. It is certainly not empowering farmworkers. Just four months ago, Minister Gugile Nkwinti admitted in Parliament that 90% of the 5,9 million hectares of land bought by the state for emerging farmers was not productive. The DA's equity share scheme venture has been a success in the Western Cape because it spreads ownership, shares risk and reward, brings the expertise and experience of both the farmer and the worker together.
The DA will continue to push for equity share schemes on the basis that they are voluntarily, that state subsidies are made available for farmworkers to buy shares and that safeguards exist to protect farmworkers from being exploited. These schemes are and must remain a win-win solution for all. [Applause.
Mr G J SELAU (ANC): Chairperson, South Africa and the Swiss Confederation have signed an energy efficiency agreement, which will be a major boost to the government energy programme. The agreement on the Energy Efficiency Monitoring Project entails the Swiss Agency for Development and Co-operation funding a R120 million climate change programme in South Africa.
The agreement is going to assist the ANC-led government in reaching our goals and objectives of realising energy efficiency in our buildings. The aim of the agreement is to provide financial support to the Ministry of Energy in order to contribute to the Energy Efficiency Monitoring and Implementation Project. The programme will run from 2010 to 2014 and will be implemented through collaboration of national and local government, research institutions as well as the private sector, among others.
The ANC-led government recognises that climate change is a risk to development and that energy efficiency is one of the most cost-effective mitigation options in South Africa. The ANC welcomes the agreement with the Swiss Agency, as it will assist the Department of Energy in ensuring that new constructions and the retrofitting of existing houses and buildings comply with the building codes.
The municipalities of Sol Plaatje, Rustenburg, Polokwane, Mbombela and King Sabatha Dalinebo have already been earmarked for capacity-building and the implementation of this phase of the project at local government level. This will be done under the auspices of the South African Local Government Association, Salga, at a cost of R13 million. I thank you. [Applause.
The MINISTER OF PUBLIC WORKS: Hon Chairperson, we thank the hon member for his statement about the 10 000 jobs that will be created in the North West. This is a good-news statement and an indication of how the Expanded Public Works Programme, EPWP, is looking at best practice within the provinces and emulating them.
Do-it-yourself is modelled on the successful programme of Vuk'uzenzele in KwaZulu-Natal, KZN. KwaZulu-Natal and North West are leading in labour-intensive service delivery models. We encourage MPs to engage provincial MECs, local government and us to form partnerships in developing service delivery models that can make an impact on the lives of rural people. Thank you. [Applause.
The MINISTER IN THE PRESIDENCY: NATIONAL PLANNING COMMISSION: Chairperson, I'm not quite sure why but, in respect of a number of issues raised as motions without notice and members' statements, the same issues are arising. Perhaps we need to ask the cross-party Whippery to try and resolve this issue.
Regarding the issue that the hon Greyling raised in respect of acid mine water drainage, I just want to make an appeal that we try to be rational, because it does appear that there are all manner of private sector interests driving particular agendas here.
What we need is a rational discussion and debate informed by an empirical basis, because this idea that there will be acid mine water drainage running through the streets of Johannesburg next week and that we should all walk around in gumboots is completely ridiculous. But there are private sector interests that we need to guard against, so that we can take rational decisions about these issues.
There are some mines on the east and, for a whole host of reasons, there are also some disused mines. It's a complex set of issues that we need a discussion about without pointing fingers this way and that, because that is unlikely to allow us to resolve this issue in a reasonable period of time.
The hon Meshoe's issue about whistle-blowers directed at the DA is a City of Cape Town issue; they can't have an executive response here. But I think the origin of it is directed at the DA, hon Meshoe. Thank you very much. [Applause.
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, in thanking the hon member Gungubele for his statement regarding the success of the dedicated World Cup courts, I'd like to start by indicating that this was a success not only of the Department of Justice and Constitutional Development, but in fact of the whole justice, crime prevention and security cluster. It demonstrated what we can achieve by working together in a co-ordinated and integrated manner, involving the police, the prosecution, Correctional Services, Home Affairs, state security and Legal Aid SA.
The Minister of Justice and Constitutional Development has indicated that we will be studying and evaluating this experience very thoroughly and identifying those best practices that we can extract from it to apply to the ongoing work of our criminal justice system. We would appeal to all members to join us as we implement the seven-point plan designed to give effect to the recommendations identified by the Criminal Justice Review, and in so doing work towards achieving the goal of having a South Africa that is both safe and in which all citizens and others feel safe. Thank you. [Applause.
The DEPUTY MINISTER OF TRADE AND INDUSTRY: Hon Chair, I want to respond to the statement made by the leader of the DA. In my opinion you cannot say equitable share is equitable enough if you expect subsidies from government. You are actually reducing ownership and control to a business transaction, because the manner in which this equitable share is viewed for land reform purposes is that of government having to pay market-value prices for farms that were actually basically obtained through subsidies from government. So the best way is to focus on our policy of land restitution and land reform with the intention of ownership and control by the ordinary citizens of South Africa who do not have equal opportunities of tilling the land they live on and should have the benefit.
Government's responsibility is to make sure that people have access to land. If we have to take certain measures to make sure that they have access to land, we can even go to the extent of looking at expropriation to have them accessing land. But equitable share is not just a business transaction by making government pay for your opinions and thinking that you must bring in people and we must pay. Thank you. [Applause.
The DEPUTY MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon Chairperson, I just want to deal, again, with the issue raised by the hon member from the DA on the share equity scheme. The reason this scheme was temporarily suspended was that we picked up that this scheme was being abused by some of the land owners. The scheme was used as an easy way of accessing public funds for the purpose of upgrading their farms without the workers, who are supposed to be shareholders, benefitting in any way in terms of these schemes. Land owners would hide the profits in the operations of the farm.
Over many years, after government has invested on behalf of the farmworkers on these farms, you find that, year after year, no profit is declared. Everything is hidden under the cost for the farm, and the ordinary workers ultimately do not benefit. That was the reason why we had to intervene in making sure that, at the end, we can have proper control over the share equity schemes to make sure that indeed the people for whom this scheme has been invented actually do benefit. So that is the reason why we had to intervene: to make sure that this scheme is not abused.
We would also like to welcome the hon members' support for the South African Rural Youth Corps programme, as already supported by the hon member from the ANC. This scheme is meant to address unemployment in all 3 000 rural wards in the country. As the hon member has indicated, its aim is to create 10 000 jobs, which will also make it possible for the young people in rural areas to acquire soft skills in terms of household surveys and facilitation in an organisation, but also hard skills in various programmes which are meant to upgrade rural communities, from construction and plumbing to skills in electricity installation. This is meant to last for two years [Time Expired.] [Applause.
The DEPUTY MINISTER OF BASIC EDUCATION: Hon Chairperson, we certainly would like to improve on the results of the supplementary examination. I just want to remind the hon member that, consistently in the past, the pass rate in supplementary exams had been less than 18%. As a result of the extended support and advocacy, we had a much larger number of learners who sat for the supplementary examinations. This translated into more that 100 000 learners, which never occurred in the past.
If you were to look at the average passes, which were less than 18%, and compare it to the 30% and more in Gauteng and the 25% in the Western Cape, where the highest number of learners enrolled, it would mean that there has been a significant improvement. I'm not suggesting that it's optimal or that it's good, but what it does say to us is that more that 25 000 people have had better opportunities as a result of the effort by the then Department of Education and the current Department of Basic Education. Thank you very much. [Applause.
The MINISTER OF FINANCE: Chairperson, Cabinet colleagues and hon members, on 21 April 2010 Cabinet announced the need to amend the South African Reserve Bank Act of 1989 to ensure that it meets its constitutional mandate. These amendments are designed to enhance the governance of the Reserve Bank and to uphold its public interest role.
The "public interest" principle forms the cornerstone of a central bank and particularly that of the South African Reserve Bank. The central bank derives its mandate from the Constitution, read together with the South African Reserve Bank Act of 1989. The Constitution of this country mandates the Reserve Bank to protect the value of the Rand in the interest of balanced and sustainable growth. It must do so without fear, favour or interference.
The Reserve Bank is also responsible for the supervision of commercial banks. As the US financial crisis has reminded us, the supervision of banks is a crucial task. South Africans did not experience the financial crisis partly because of the quality of work of the supervision department of the Reserve Bank.
The Reserve Bank also manages the country's foreign exchange reserves and flows of money between South Africa and the rest of the world. It is also responsible for the national payment system, which enables the transfer of money from one party to another. I am sure that you will agree with me that an institution to which we have delegated such important responsibilities must be stable at all times. There's too much at stake for us as South Africans. The Reserve Bank cannot be distracted from its mission by self-interested shareholders.
As members of this House will be aware, there has been a lot of debate and speculation about the role of private shareholders in the Reserve Bank. Our approach in this matter is driven by practical considerations and by what is in the best interest of South Africa. The nature of ownership of the Reserve Bank does not matter that much, as long as the bank fulfils its public-interest role. This is borne out in reality by the fact that you have other central banks in the world, including those in Japan, the USA and Switzerland, that have private shareholders.
The Amendment Bill tabled in this House today seeks to strengthen the balance between the interest of the country and the interest of shareholders. This balance is important, since we all need a Reserve Bank that focuses on its constitutional mandate without undue interference by self-interested shareholders. It is for this reason that existing private shareholders should not treat the Reserve Bank as a profit-making institution. Private shareholders must have rights, but limited rights.
From its inception, it has always been the intention that the rights of public shareholders will be secondary to the public-interest role of the Reserve Bank. Even the current South African Reserve Bank Act of 1989 provides for and limits ownership of shares by an individual to no more than 10 000. It also restricts the dividend payable to shareholders to a fixed amount. In addition, it restricts the ability of shareholders - irrespective of nationality - who are not ordinarily resident in South Africa, to vote. Finally, it prohibits shareholding by nominees. These restrictions seek to ensure that there is no excessive and negative influence on the operations and management of the Reserve Bank as a public-interest entity.
It has come to light that some shareholders have been trying to get around these restrictions. Their ultimate aim is to derive private gain. These shareholders have, for example, acquired shares above the existing limit of 10 000 by using associates; they have offered payments to fellow shareholders to vote them in as directors; and they have also demanded the right to share in the profits of the bank but without the right to share in the losses of the bank.
These are not the actions of shareholders who believe in the public-interest role of the Reserve Bank or have the interest of South Africa at heart. However, private shareholders, with limited rights, still have an important role to play in a public-interest entity like the Reserve Bank. In particular, they support and enhance the independence of the Reserve Bank and its governance.
The Amendment Bill tabled in the House today seeks to uphold the nature and importance of the Reserve Bank as a public-interest entity, created by Government for the benefit of all South Africans. The Bill seeks to achieve this by doing the following: Firstly, it stops shareholders from circumventing the current Act's limitation of a maximum of 10 000 shares per shareholder.
The MINISTER OF FINANCE: Yes, but even that takes some time to cure, you know.
Secondly, it allows for the nomination of directors by a broader base of South Africans and for the broadening of representation on the Board of the bank. Thirdly, it provides for the establishment of a panel for the election of directors. Fourthly, it defines clear criteria for the disqualification of persons from serving on the Board. Fifthly, it provides for the confirmation of Board nominees against fit and proper and fiduciary criteria. Sixthly, it clarifies the powers and functions of the Board of the Reserve Bank. Lastly, it provides for the possibility of the Governor and Deputy Governors to be reappointed to serve a term of less than five years.
These amendments have won praise from the international community. In its 2010 survey of South Africa, the Organisation for Economic Cooperation and Development, OECD, described the Reserve Bank Amendment Bill as "a sensible response to the problem of rogue shareholders seeking to undermine the independence of the SA Reserve Bank".
In concluding I would like to touch upon another important principle regarding the Reserve Bank. The role of the Board of the Reserve Bank should never be confused with the role of the Monetary Policy Committee. The MPC, which is constituted by the executive directors, that is, the Governor and the three Deputy Governors, as well as professional members of the Reserve Bank, implements the monetary policy framework of the country. The Board of the Reserve Bank is purely a governance and management board, not a policy board. In this regard, the independence of the Reserve Bank in meeting its constitutional mandate remains very intact, despite the current amendments.
I would also like to explain the urgency of the Bill. The Board of the Reserve Bank currently has three vacancies. It is the desire of the Governor and government that these vacant positions be filled with fit and proper persons with the assistance of the panel. This would also mean that the best candidates should be available for election at the Reserve Bank's AGM, due later this year.
Secondly, both Cabinet and the Governor felt that the potential destabilisation of the Reserve Bank by a few shareholders warranted urgent attention. I would like to take this opportunity to thank the Governor of the Reserve Bank and her legal team for their hard work and assistance in drafting this Bill, Deputy Minister Nene, the National Treasury Director-General Lesetja Kganyago and his team for contributing to the Bill, and the Standing Committee on Finance, under the steady hand of Mr Thabadiawa Mufamadi, for their sterling work with regard to the processing of the Bill.
I hereby request that this House pass the South African Reserve Bank Amendment Bill 2010. Thank you.
Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness, that most frightens us. We ask ourselves, Who am I to be brilliant, gorgeous, talented, fabulous Actually, who are you not to be?
The above extract from the book, and these words in particular, have become like nylon to us, signaling the change shining through the women who dared to challenge the barricades of social limitations which do not only restrict creativity, freedom and expression, but linger to affect every other area of an individual's wellbeing.
Before I confine myself to the report and recommendations of the Standing Committee on Finance to this House, allow me to salute, with respect, the relentless effort of our democracy in embracing the evident torch of light, achievements and paradigms demonstrated by the women of our nation in all spheres of life. The debate on the South African Reserve Bank Amendment Bill takes place when the entire country is celebrating the success of our efforts to liberate women from years of oppression suffered on the basis of their race, class and gender.
It is during this month that we assess the impact of our government's corrective policies and the positive effects that such policies have had in creating a national democratic society in which the women's role is at the centre of development.
The implementation of such corrective measures should not assume that the consequences of democracy will automatically translate into the eradication of patriarchy, which was and still remains the embodiment of economic, social, religious, cultural and other forms of oppression of women in a democratic society.
As we strive to create the ideal society that Tat'uMandela, Tat'uSisulu, together with many other heroes and heroines of our struggle, sought to create, we must never forget to appreciate the first steps they took to make us feel the need to rise even when we thought and felt that we did not have the means to make our case known beyond our borders. Through their courage and commitment, they made it possible for even the most hesitant to realise the need to challenge the everyday reality of life and struggle.
The demand for progress around this particular issue can be decoded in the loud voices whose echoes have broken the walls of silence in our economic corridors. This is a clear indication that time has come for us to honestly introspect the contributions that the financial sector has made in the feminist fight against poverty evident in the physical marginalisation, psychological abuse and the undermining of the potential of women. We must also assess how the sector has assisted in the redirection or lack of equal opportunities for women in positions of authority and power in the economy.
Most importantly, we must, from our political perch, focus on specifics so as to answer the question: Have the financial institutions succeeded in creating unambiguous structures, systems, as well as conducive cultural conditions that embrace the abilities of women so that they flourish and enrich the life of our nation?
The Minister has adequately dealt with the important role of the South African Reserve Bank, particularly in the economy, as well as the relevance of the amendments to the existing Act to address the challenges that the Reserve Bank has encountered in the past few years.
In the processing of this Bill, the committee had an opportunity to interact with various stakeholders, including some of the shareholders, through written and oral submissions. Once again, the committee, in processing this Bill, had to strike a balance between public interest and participation and the challenges that these amendments seek to address within a stipulated period in terms of the Reserve Bank regulations.
Members of the House will be aware of the debate in the public domain regarding the role of the Reserve Bank which has been going on in the recent past and now recently, since the publication of the Bill for public comment. Prior to the publication of the Bill, the debate was whether it is desirable to have private investors as shareholders in the bank or whether it should be entirely owned by the state. These questions arose out of the concern that private shareholders could use their shareholding power to influence the bank and monetary policies to the detriment of the nation and its interests.
Proposed amendments, among others, reflect on the composition of the board. Guided by making the minimum interventions in the Bill, the committee confined its work and aimed at ensuring that the substance of the key mandate of the Reserve Bank remains the domain of the Governor and the Deputy Governors of the Reserve Bank.
In this regard, the proposed amendment of the composition of the board gives effect to the separation of responsibilities between the executive and the board. In terms of the current legislation, as it stands, the board delegates the executive authority to the Governor of the Reserve Bank, which is not healthy. The amendments therefore ensure that the board remains focused on governance matters while the functioning and day-to-day activities of the Reserve Bank are the responsibility and the domain of the Reserve Bank Governor.
The Bill also proposes that four directors be appointed by the President in addition to those who will be nominated through the public process. It is our considered view that this will strengthen the board's functionality in observing governance matters in the day-to-day activities of the bank.
It is important to indicate that the Reserve Bank, unlike other commercial banks, is a statutory body that derives its mandate from the Constitution, which guarantees its independence from external influence. Therefore the role of shareholders is very limited and is outlined in the regulations.
It is in this regard that each person is allowed to own a maximum of 10 000 shares, irrespective of the size of their pocket or the institution that seeks to participate in the shareholding scheme of the Reserve Bank. This ensures that ordinary people can have an equal vote as ordinary shareholders in the bank in terms of the decisions that they need to make.
The consequence of the activities of the shareholders may result in narrowing public participation of ordinary citizens in the bank as some of them seek to manipulate share prices. Ordinarily, the issued shares of the Reserve Bank were, at the beginning, between R1,20 and R1,50. At the time of this amendment being presented before the committee, some of the shareholders had actually manipulated share prices to the value of R6 000 per share. That tells all of us that ordinary people are not able to be participants in the affairs of the Reserve Bank. It begins to be the domain of the few, the rich and those who are driven by nothing else but profit motives. [Applause.] Therefore the committee is in support of the establishment of the panel which will ensure that fit and proper persons will serve on the board.
How is this going to happen The Amendment Bill seeks to establish a panel that will process nominations, and such a panel will be checked by the Reserve Bank Governor. A retired judge, three representatives from the National Economic Development and Labour Council, Nedlac, and one person appointed by the Minister will be part of it. Its responsibility is only confined to processing and interviewing those who will have been nominated to participate or to serve as directors of the Reserve Bank?
With regard to some shareholders who are opposed to the role of the central bank as defined in the Constitution, the ANC strategy and tactics direct us on how we should deal with these matters. They clearly outline that as we surge forward, the key question that should remain uppermost in our minds is: What kind of a society do we seek to create In other words, what is the character of the national democratic revolution?
It is in this understanding that transformation will encounter resistance from time to time, precisely because colonialisation of a special type contained in itself contradictions which cannot be resolved through reforms.
The changes proposed in this Bill will stand or fall on the basis of whether or not it is able to eliminate the main antagonism of the system we currently have in the administration of the bank. Perhaps the question we need to ask now is whether or not the current form and structure of ownership of the bank, with private ownership of shares, is in fact desirable.
Given our history and our experience, which has now necessitated the amendment of the current legislation, it is significant to note that ours is one of the few - nine - central banks in the world that have this kind of arrangement, where private shareholders participate. Among the nine are Australia, Belgium, Greece, Italy, Japan, Pakistan, Switzerland and the USA.
Even though the committee is aware that there are different types of management models of the Reserve Bank, it did not venture into assessing the operations of different models in the world. To us, it remains work in progress. It is evident that after the financial economic crisis, the majority of governments in the world are beginning to review the role of the central banks in the economy.
In our case, the central bank has a critical role, through its monetary policies, to ensure price stability which, in turn, will ensure low inflation or inflation targeting, as envisaged in our macro-economic policy. However, hon members are aware of the debate about the correctness of this approach.
In conclusion, we note that through a corrective policy mix and choices, the central bank can determine the rate of inflation, which influences the size of consumer baskets. Therefore it is essential that the value of money remains stable, because no modern economy can function well if its currency continuously loses value.
The committee is in support of the establishment of an open process of nomination of directors to the board, because the creation of a legitimate state and public institution can only be derived through the regular and popular participation of ordinary people.
Only through this process can we safeguard the independence of the Reserve Bank, by ensuring that those who are nominated to serve will do so with the full understanding that the primary objective of the bank is not to satisfy the whims and aspirations of shareholders whose primary motive is to make super profits at the expense of the poor. Thank you. [Applause.
Dr D T GEORGE: Chairperson, the DA is a patriotic party. We love our country and we cherish its institutions. That is why we work relentlessly to ensure that their functionality is not eroded by the selfish actions of any interest group or any political party.
The SA Reserve Bank was established in 1921. It was modelled on the Bank of England and its primary objectives were to issue banknotes, act as custodian of cash reserves of other banks, lend cash to other banks in the event of shortages of liquidity, clear and settle interbank transfers and act as custodian of the country's gold and foreign-exchange reserves. From the outset shareholding in the bank was intended to be symbolic. Shareholding was limited to ensure that the broader public could participate in ownership of the bank and dividends were limited to restrain the profit motive for share acquisition.
One of the current shareholders who appeared before the committee during the public hearings presented a detailed history of the bank and confirmed that, historically, shareholders played a very limited role in the affairs of the bank and that the bank divulged little, if any, information to its shareholders. Over time, the shareholder said, the bank began to exchange more and more information with its shareholders as governance trends changed over the years and shareholders became more vocal about their demands for access to information.
The relationship between the bank and its shareholders appeared to be progressing in the right direction until a few years ago, when a noise emanating from a group of shareholders started to increase significantly. It was not immediately obvious, but this marked the beginning of a specific strategy by one shareholder in particular, who was determined to unlock the so-called value of the investment in the bank and embarked on a programme to encourage other shareholders, and new shareholders, to do the same. Part of this strategy included attempts to circumvent legislated limits on the number of shares any individual or entity could hold in a bank, with a view to mobilising a block of shareholders to appoint directors to the bank who were sympathetic to their cause.
The strategy included plans to increase the limited dividend payable to shareholders, access capital at the bank and share in their annual profits but not in any losses. An approach was also made to the ANC to nationalise the bank. Their primary motive was to liquidate the bank and receive a massive windfall.
We will never know how the relationship between the bank and its shareholders would have evolved on its current trajectory, because there is no doubt after the public hearings that a legislative intervention is required to match the expectations of the shareholders with those of the bank.
The proposed amendment limits an individual or entity to ownership of 10 000 shares, including the shares held by their associates. Limited shareholding is not new, and strengthening this position will make it more difficult for individuals and entities to yield more influence than the original legislation intended.
Some shareholders claim that the proposed amendment is unconstitutional, is an act of expropriation and contravenes bilateral international agreements on compensation for acts of nationalisation. The basis of their argument is that the bank is a company similar to any other company, is subject to the Companies Act and that they, as its shareholders, are its owners and can do whatever they want with their asset.
The fact is that the bank is a unique policy institution, established in terms of a special Act of Parliament, the Currency and Banking Act No, 31 of 1920, and its shareholders have always known the limits that are associated with ownership of its shares. The bank's view is that the actions of a group of shareholders are undermining its ability to properly perform its functions. The amendment, they argue, will improve and clarify governance of banks.
It is unfortunate that the expectation mismatch between the bank and its shareholders arose, requiring legislative intervention. We need to accept the reality that the SA Reserve Bank performs a crucial policy function and that it also has private shareholders, many without ulterior motives. Despite the noisy dispute, the actual question is how the SA Reserve Bank should be structured to best serve the interests of all South Africans.
The DA recognises the need for government to intervene when the market fails. The world financial crisis has revealed substantial gaps in classical economic theory, especially the assumption that all the information is available and that markets can always self-correct. In this instance, the failure is the misaligned objectives of the bank and some of its shareholders. This problem is not unique and arose at the Bank of England, prior to its nationalisation in 1947. Hansard records of debates in the House of Commons in 1945 and House of Lords in 1946 reflect the primary reason for the bank's nationalisation. Both sides of the Houses agreed that the bank was a unique policy institution and that shareholders should not be permitted to influence the bank for their own benefit. Although the solution, to nationalise the bank, was not unanimously supported, the British government paid £58 million, in 1947, to buy out the shareholders.
During our parliamentary hearings, some SA Reserve Bank shareholders made clear their opposition to current monetary policy and declared a need for a fundamental change in the operation of our entire banking and financial system. This is well beyond their mandate and reflects broader aspirations to influence key aspects of our economy. Board members are not intended to represent a particular interest group and must act in the best interests of the bank. The amendment sets out the corporate governance functions of the board and introduces a mechanism to consider the suitability of directors who will be nominated by a wider group of stakeholders. The number of directors is increased to 15, seven of whom are elected by shareholders. Any shareholder, current director or member of the general public can nominate a director for election.
A panel will confirm that a candidate is suitable for possible election to the board. This process should screen out unsuitable candidates and retain those who are fit and proper and possess the required skills and experience.
During my recent visit to the United Kingdom, I had an opportunity to meet with the governance department at the Bank of England and had a close look at developments in their corporate finance over their long history - since 1694. Their view is that governance is evolving and this is reflected in ongoing amendments of the Bank of England Act.
Similar to the Bank of England, the SA Reserve Bank operation in pursuit of its mandate is independent, but the inflation target is set by government. While the Crown appoints all directors to the Bank of England, the SA Reserve Bank Amendment Bill proposes the election of seven directors, a more transparent and inclusive approach than that of the Bank of England.
Having considered the deliberations before the committee and the role of the SA Reserve Bank in our economy, an amendment to clarify shareholder expectations and improve governance procedures to ensure ongoing stability at the bank is required. The proposed amendment does move in this direction. Governance evolves over time and Parliament must exercise more vigorous oversight over this institution.
It is likely that further amendments will be required over time to strengthen governance and ensure that the most optimal structure is maintained. In this regard, the Bank of England and other central banks, including those that have private shareholders, can provide useful guidelines.
At the peak of the world financial crisis in 2008, a group of 15 leading financial economists met at Squam Lake, New Hampshire, to consider the question of how we can prevent a repeat of the world financial crisis. The resulting Squam Lake report sets out several recommendations, including the need for one organisation in each country to be responsible for overseeing the health and stability of the overall financial system. They argue that the central bank should be charged with this important responsibility. The DA agrees. The role of the SA Reserve Bank is far wider than implementing monetary policy and protecting the value of our currency. It needs to drive macroprudential policy and the necessary microprudential reforms.
The role of Parliament is to hold the bank to account, to provide oversight and to ensure that the bank operates in a stable environment. Although the proposed amendment does improve this stability, it is likely that further amendments will be required in future, especially to enhance transparency and inclusivity. Given that this amendment takes a step in the appropriate direction, the DA will support this Bill. Thank you. [Applause.
Mr N J J van R KOORNHOF: Thank you, Mr Chairman. The debate around the shareholding, the so-called nationalisation and the independence of the Reserve Bank created quite a stir. The financial columns were full of speculation - why the sudden need for these amendments However, as far as I can remember in my political life, in the committees I have served on, the amendments published in this Bill went through the committee unchanged. There were no objections from those parties present at the meetings. Full marks go to Governor Marcus and her team, who have so eloquently argued for the adoption of these amendments?
In 1999, S K Apea wrote, "To ensure that the central bank commands the confidence of the financial system, the Governor, in particular, must possess the following qualities: strong academic and professional background, strong personality and ability to influence opinions through persuasive argument." The Governor lived up to this definition during our hearings.
Fabian Amtenbrink wrote for the International Monetary Fund, the IMF, on the three pillars of central bank governance and according to him the first one is independence. There is large consensus worldwide on the need for central bank independence. This independence concerns the relationship that exists between the bank and the government. It is therefore desirable that the bank and its board are not subjected to political orders or pressures. We, as politicians, must always remind ourselves that the very nature of our positions makes it impossible for us to be impartial to the short-term benefits of an expansive monetary policy. The focus must be long-term stability rather than short-term monetary temptations.
The second pillar of governance is accountability. To the extent that central banks are independent, mechanisms of democratic accountability are required in order to legitimise the position of the bank within a given constitutional system. The legislation is silent - quite correctly - on this, and therefore it is important that Parliament and, in particular, the Standing Committee on Finance, should become more active in this role.
The third pillar of governance, according to Amtenbrink, is that the central bank must be transparent. Transparency includes the public's understanding of decisions taken by the bank and the reasoning behind those decisions. In the words of Deane and Pringle, "an open, democratic society has the right to demand a broad degree of understanding of what central banks do and how they do it". We should design our own parliamentary process to assist in a way that does not compromise the independence of the bank nor apply undue political pressure for the wrong reasons.
Cope will support these amendments. And, in closing, were it not for the various international treaties and the possibility of sending a negative signal to international investors, we would have supported an amendment that only South African citizens should be allowed to buy shares in the Reserve Bank.
We are looking forward to a stable era under the governorship of Gill Marcus. Be strong. Defend your independence and do not allow the debate and disagreement on economic policy within the alliance to undermine your independence. I thank you. [Applause.
Mr M G ORIANI-AMBROSINI: Thank you, Mr Chairman. In a salient showing of the limits of democracy, this Bill does just the opposite of what it proposed to achieve, a fact clearly highlighted in all the public input, but ignored by the media and commentators.
The Bill increases the composition of the Board with people without the required specialised, relevant experience, but takes all the powers of management away from such a bloated board and places them exclusively in the hands of the Governor and the bank's inner and secretive circle. The Bill does nothing to deal with private profits on the bank's shares - the very reason given for its introduction by the Minister. It does nothing to create transparency, representation and accountability where it matters - in the Monetary Policy Committee, which creates and destroys money at will, without any public official or public representative involved in, or aware of, this process.
Effectively, this Bill is an internal coup d'état to concentrate even more power away from public accountability and transparency. It excludes and silences the individual shareholders who, warts and all, are the only existing public watchdog within the bank.
The Bill leaves fundamental issues unaddressed. Who does the Reserve Bank really serve: the country or the banking community Its constitutionally required independence is threatened more by the incestuous embrace of the banking community than by the ineffective and tenuous liaison with our government?
The secretive black box within which the operations of the Reserve Bank take place has remained unaffected. The bank can do as it wishes in creating and destroying fiat money as long as it does so within the broad inflation targets set by government. And, in so doing, it partakes in the broader process through which central banks generate recessions or economic booms at the time they deem best.
Neither the Minister nor this Parliament has the statutory power or the in-house skills base to check on what goes on within the black box, or to answer the allegations we heard during public comments, such as that the gold reserves of South Africa have been moved to England; that the huge losses posted by the Reserve Bank this year are really losses of the banking system transferred to the Reserve Bank by shifting reserve requirements and titular ownership; and that there are preferential tracks for application under the Exchange Control Acts which are said to be applied differently, depending on who the client is. Even the Minister has no power to shine a light into the black box.
The Reserve Bank has been promising to be accountable and transparent, exactly because this Bill does not create any legal obligation for it to do so, and we must rely merely on its promises. The public input we received about this Bill [Time expired.] Under these conditions we cannot but oppose this Bill.
Ms P E ADAMS: Hon Speaker, hon members, ladies and gentlemen, given the difficulties that the Reserve Bank has been experiencing in the past, as evidenced by the recent public debate regarding the changes being proposed by this Bill, amendments to clarify the different roles of shareholders, the executive and Parliament are welcomed.
In the main, the role of the shareholders in the context of the Reserve Bank is to safeguard its independence as stipulated in the Constitution of the Republic and to ensure that it fulfils its mandate as set out in the South African Reserve Bank Act. Collectively, the role of the shareholders must be seen as that of the board of directors as a whole. Clauses seven and eight strengthen the public character of the SA Reserve Bank. They will assist in building the credibility of the bank. Shareholders have to act in the interest of the bank and the public.
The Bill identifies roles of the board in terms of its responsibilities, powers and duties. These include corporate governance matters, such as compliance, rules adoption and policy determination, approving the budget, reports, appointment of bank secretaries and assistants, remuneration policy, allocations of funds to the retirement fund, authorising the establishment of branches, making recommendations to the Ministers and performing any function assigned to it in terms of the Act.
Most of the problems affecting public institutions are as a result of unclear mandates between the various stakeholders such as the board of directors, executive management and government. The Bill clearly defines the role of the board as that of governance, authorising and reporting. It provides for clear demarcation of responsibility between the board and operational management, vested with the governor and the deputies. These functions are consistent with best practice and principles of good governance internationally as far as central banks are concerned.
Directors must be fit and proper to act in the interest of the SA Reserve Bank and not of shareholders. The establishment of a panel and its proposed composition is viewed as the most appropriate mechanism to ensure nominees are fit and proper, as the SA Reserve Bank plays a vital role in the South African economy. The amendments of sector allocations are intended to ensure that the board has persons with knowledge of relevant sectors. Presidential appointees will contribute to this knowledge.
The role of the executive management, on the other hand, is a dedicated one from the Governor and the Deputy Governors. Their role is that of implementing policy and management. They do not take decisions that are of governance nature. They account to the board, who in turn accounts to Parliament. Parliament's role is critical in the sense that the bank is also independent of the executive arm of the state. Its role is to seek accountability from the bank through its board of directors. Parliament is entitled to summon the bank to account at any point in time, should it be necessary to do so. I thank you. [Applause.
Mr S N SWART: Chairperson, the Reserve Bank, as we know, is a crucial independent institution in South Africa, mandated inter alia with determining monetary policy. Public hearings on this Bill exposed a very high level of mistrust between shareholders and government, as well as confirming concerns that some shareholders seek to influence not only executive management decisions but also operational issues, including monetary policy decisions.
This is clearly beyond the mandate of shareholders, as previous speakers have indicated. This is a situation that is untenable, resulting in these amendments before us. The amendments require that board members - certain board members - must be screened by a panel to determine their suitability, whether they are fit and proper persons with appropriate skills and experience, taking into account the requirements contained in the Banks Act of 1990.
The amendment clarifies that bank directors owe their fiduciary duty and that of care and skill to the bank, and to no one else. The bank must serve the public interests and not a personal shareholder's objective. Directors must therefore avoid any conflict of interest between his or her interests and those of the bank.
The ACDP raised certain questions as to why this panel will only screen the shareholders-nominated directors and not the directors appointed by the President. We accept the explanation that this would impinge upon the President's powers, but it did seem slightly odd to us during deliberations.
The President's appointments must in any case satisfy the same requirements, of being fit and proper persons to be appointed with appropriate skills and experience. Significantly, the whole policy debate as to whether there should be shareholders at all has been postponed to a later occasion. In view of this and of the concerns surrounding the shareholders, the ACDP will support this Amendment Bill.
As the last issue, relating to what Mr Oriani-Ambrosini said, may I just say that these are valid concerns that we as parliamentarians also need to consider. Clearly the Reserve Bank is accountable to Parliament in the final instance. At least in future we should engage and consider some of those concerns that Mr Oriani-Ambrosini raised, particularly to the secrecy box and in the view of the fact that the Reserve Bank is accountable to Parliament. I look forward to engaging with the Reserve Bank in more detail to discuss those concerns. I thank you.
Mr E M MTHETHWA: Hon Chair, hon members, ladies and gentlemen, the ANC has gone through this Bill. The Minister has alluded to a number of issues, which include governance and some technical aspects. One focus is that of corporate governance leading to the proposed amendment.
The main objective of the Reserve Bank, in terms of the Constitution, is to protect the value of the currency of the Republic in the interest of balanced and sustainable economic growth in the Republic. This places a premium on the importance of good corporate governance in the way the bank is being managed.
Although the reasons for this Amendment Bill are not only about corporate governance, as was correctly alluded to by my chairperson, a lot of the issues that led to the amendment are of a governance nature. In recent years, evidence suggesting that the current Act might be open to potential abuse has come to light. This relates to the potential for private shareholders to increase their shares above the prescribed maximum of 10 000 shares per shareholder by purchasing shares through their relatives. These shares could then be used to influence the bank through acquiring the so-called "voting powers". I wonder why some people are asking why the Bill is being challenged now, as some of my colleagues from Cope have been doing.
The main aim of the Bill is to amend the SA Reserve Bank Act, Act 90 of 1989, in order to stop the bank's shareholders from circumventing the prescribed maximum of 10 000 shares per shareholder; to broaden public involvement in the nomination of directors and board representation; to provide for the establishment of a panel for the election of directors; and to clarify the power of the board and those of the Governor and the deputy. In so doing, the aim is to improve the bank's governance.
The most important amendment in relation to corporate governance is the stipulation of the limitation on the number of shares that the shareholders may hold in relation to associates and the setting of measures to prevent the circumventing of the limitation on the maximum number of shares a shareholder may hold. The Bill sets the limits for private shareholding by stipulating that "no shareholder shall hold, or hold in aggregate with his, her or its associate, more than 10 000 shares in the Bank" and sets the limits for voting rights of private shareholders by stipulating that "no shareholder shall either directly or indirectly exercise any vote as a shareholder in respect of the number of shares in the Bank held by him, her or it, either alone or in aggregate with his, her or its associates in excess of 10 000." The same conditions apply to companies with interlocking directorates.
The proposed amendment, as the chairperson also alluded to, will help to ensure that the bank is seen as truly fulfilling its public-interest role and acting independently from private shareholders' narrow interests. It will also assist in strengthening good corporate governance in the bank, thus improving its credibility and public confidence. Currently, this is not the case.
We also had the privilege to listen to shareholders when they presented the history of 1921 on the establishment of the bank. All in all, the ANC supports this Bill on the basis that it will now be open to the public to allow them to participate freely and not just serve the interest of the minorities. I thank you. [Applause.
The MINISTER OF FINANCE: Chairperson, I thank all the representatives of the various political parties for their contributions. I also thank the various stakeholders who made presentations to the standing committee for their contributions and thoughts, whether we agreed with them or not. That is relevant. Their participation is important.
The majority of the parties shared the view of the government that the Reserve Bank is an institution which is central to our national interests. No individual, shareholder or groups of shareholders should try to interfere with its mandate in any kind of way. Any attempt to do so must require us to act, as we have done in this regard.
The only lone voice out there is that of hon Ambrosini. I must certainly assure him that this is no internal coup d'etat. In response to both him and hon Swart, the Governor of the Reserve Bank and her colleagues do appear before the standing committee. You have adequate opportunity to raise any matter that you wish to raise with them. I am sure that they will account to you as they account to South Africa more generally.
All in all, thank you very much for the support for this Amendment Bill. Once again, I thank the standing committee for processing the Bill so effectively. Thank you. [Applause.
Mnr A M MPONTSHANE: Agb Voorsitter, kan u die IVP se besware op rekord plaas [Hon Chairperson, can you put the objections of the IFP on record?
The House adjourned at 16:03.
Register of shareholders of the South African Reserve Bank as at 31 March 2010, in terms of section 32 of the South African Reserve Bank Act, 1989 (Act No 90 of 1989).
Appropriation Bill [B 3 - 2010] (National Assembly - sec 77).
Defence Amendment Bill [B 11 - 2010] (National Assembly - sec 75).
2009 Tax Statistics, a joint publication of the National Treasury and South African Revenue Service.
Government Notice No 393 published in Government Gazette No 33184, dated 14 May 2010: Invitation for written representations or comments on the Draft National Strategy on Sustainable Development and Action Plan 2010-14.
Government Notice No 400 published in Government Gazette No 33186, dated 14 May 2010: Delegation of authority in terms of section 42 of the National Environmental Management Act, 1998 (Act No 107 of 1998), read with section 6(1) of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004), to issue permits under regulation 3(3) of the Cites Regulation, 2010.
Draft Regulations made under section 9(2) of the 2010 Fifa World Cup South Africa Special Measures Act, 2006 (Act No 11 of 2006).
Report of the Public Service Commission (PSC) on An Assessment of the State of Human Resource Management in the Public Service - November 2009 (RP33-2010.
Consolidated General Report of the Auditor-General on Local Government Audit Outcomes for 2008-09 [RP 89-2010].
Consolidated General Report of the Auditor-General on Provincial Audit Outcomes for 2008-09 [RP 74-2010].
Geoscience Amendment Bill [B 12 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33014 of 12 March 2010.
Introduction and referral to the Portfolio Committee on Mining of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Government Notice No 280 published in Government Gazette No 33049, dated 23 March 2010: Determination in terms of item 2(3)(a) of Schedule 1 to the national Liquor Act, 2003 (Act No 59 of 2003) of the commencement of the Northern Cape Liquor Act, 2008, on 1 April 2010.
Government Notice No 244 published in Government Gazette No 33059, dated 1 April 2010: Intended withdrawal of compulsory specification of breathing apparatus and amendment to the compulsory specification for respiratory protective devices in terms of section 13(4) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No 245 published in Government Gazette No 33059, dated 1 April 2010: Amendment to the compulsory specification for motor vehicles of Category M2/3 in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No 246 published in Government Gazette No 33059, dated 1 April 2010: Amendment to the compulsory specification for motor vehicles of Category N2/3 in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No 344 published in Government Gazette No 33137, dated 23 April 2010: Publication of 2010 Soccer World Cup Liquor Regulations for written comment in terms of section 42 of the Liquor Act, 2003 (Act No 59 of 2003).
Government Notice No 351 published in Government Gazette No 33139, dated 30 April 2010: Designation of places as counterfeit goods depots and appointment of persons to be in charge of the depots in terms of section 23(1) and (2) of the Counterfeit Goods Act, 1997 (Act No 37 of 1997).
Government Notice No R. 348 published in Government Gazette No 33152, dated 7 May 2010: Introduction of a compulsory specification for Compact Fluorescent Lamps (CFLs) (VC 9091) in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No 295 published in Government Gazette No 33086, dated 9 April 2010: Call for nominations for the appointment of three candidates to the Arts, Culture and National Heritage Distributing Agency of the National Lotteries Board in terms of section 30(1) of the Lotteries Act, 1997 (Act No 57 of 1997).
National Policy Framework on Child Justice, drafted and submitted for tabling in terms of section 93 of the Child Justice Act, 2008 (No 75 of 2008).
Annual Report of the Bank Supervision Department of the South African Reserve Bank for 2009.
Report and Financial Statements of the Commission on Restitution of Land Rights for 2009-10.
Draft Policy Framework on Accreditation of Diversion Services, drafted and submitted for tabling in terms of section 56 of the Child Justice Act, 2008 (No 75 of 2008).
Report of the Public Service Commission (PSC) on the Effectiveness of Public Service Leadership in the Promotion of Intergovernmental Relations.
Consolidated General Report of the Auditor-General on Local Government Audit Outcomes for 2008-09 [RP89-2010].
Consolidated General Report of the Auditor-General on Provincial Audit Outcomes for 2008-09 [RP74-2010].
Register of shareholders of the South African Reserve Bank as at 31 March 2010, tabled in terms of section 32(3) of the South African Reserve Bank Act, 1989 (Act No 90 of 1989).
Report and Financial Statements of the Public Service Sector Education Training Authority (PSETA) for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-2009 [RP 100-2009].
Draft Regulations on the participation of municipal staff members as candidates for National, Provincial and Local Elections.
The Portfolio Committee on Higher Education and Training undertook an oversight visit to the University of Zululand, the Department of Higher Education and Training, Tshwane University of Technology and the University of the Free State on 12 - 15 April 2010 as part of its ongoing oversight visits to institutions of higher learning. The purpose of the oversight visit was primarily to interact with the above mentioned institutions on critical issues such as admissions policy, enrolment planning, merger processes, their transformation plan, student access and success, challenges of student accommodation in residences as well as those experienced by student leadership at higher education institutions.
The Committee also interacted with representatives of the National Skills Fund and Sector Education and Training Authorities (SETAs) in order to ascertain the impact of these entities on skills development in KwaZulu-Natal. The oversight was conducted within the context of the newly reconfigured higher education and training landscape which incorporates the Skills Development functions transferred from the Department of Labour. At the centre of the new arena is the need to facilitate flexible and dynamic linkages between universities, FET colleges, the SETAs and the NSF to meet the differentiated demands and opportunities for skills development across various segments of the sector. By conducting this oversight, the Committee aimed in part to ascertain how the reconfigured sector is responding to this new challenge.
The oversight visit formed part of the committee's plan to visit the 23 public higher education institutions with the aim of revisiting the notion of transformation and social cohesion holistically, focusing on issues of student access and success, equity and equality, examining the role of higher education in a developmental state, disbursement of financial assistance in higher education institutions, discussing the need for a more systematic and structured student support systems, feasibility of a more effective skills development strategy and other relevant matters in the higher education and training spectrum.
The committee interacted with the three public higher education institutions, the department, and representatives of the Sector Education and Training Authorities (SETAs) responsible for skills development in KwaZulu-Natal province. The interaction with the institutions provided an opportunity for the committee to comprehensively ascertain the level of progress made in relation to the agendas of the visit. Although the visits were relatively brief, it was empirical to note that a visit of this nature added much needed value to the committee as part of its oversight function. The discussion on skills development focusing specifically in KwaZulu-Natal provided the committee with an opportunity to identify the level of development and progress made thus far in the skills sector in the province. It was clear from these proceedings that increased focus to tackle the challenge of the 5 million illiterate adults in the province would be required.
The multi-party delegation from the Portfolio Committee on Higher Education and Training comprised of Mr M Fransman, MP Chairperson (ANC), Ms N Gina MP (ANC), Ms M Kubayi MP (ANC), Mr G Lekgetho MP (ANC), Mr S Makhubele MP (ANC), Ms F Mushwana MP (ANC), Ms W Nelson MP (ANC), Mr S Radebe MP (ANC), Mr G Boinamo MP (DA), and Ms N Vukuza MP (COPE).
The UZ was represented by Prof F Mazibuko, Vice-Chancellor; Mr F Doeseb, Acting Registrar; Prof R Gabela-Vika, Head of Department Educational Planning and Administration; Dr M Mokoele, Executive Director of Human Capital; Mr D Makhathini, Chairperson of Labour Movement; Prof B Khoapa, Interim Head of Richards Bay Campus; Mr T Makhathini, Student Representative Council Administrator; Prof T Sibaya, Deputy Vice-Chancellor; Mr D Ocholla, Vice Dean of Arts, Dr M Govindsamy, Chief Financial Officer; Prof R Ori, Executive Dean of Science and Agriculture; Prof N van den Bergh, Executive Dean of Commerce, Administration and Law and Ms N Mbatha, Student Representative Council Administrator.
The department was represented by Mr J Hoon, Director of SETA Coordination; Prof M Sibara, Chief Director; Mr T Tredoux, Chief Financial Officer; Ms K Menon, Acting Deputy Director-General of Higher Education; Mr Z Hlongwane, Director; Mr F Strydom, Director of National Skills Fund; Ms A Bird, Acting Deputy Director-General of Skills Development; Mr E Mashabane, Acting Chief Director and Ms N Nqaba, Parliamentary Liaison Officer for the Ministry.
The TUT was represented by Prof E Tyobeka, Vice-Chancellor; Prof L van Staden, Deputy Vice-Chancellor of Teaching, Learning and Technology; Prof S Molefe Deputy Vice-Chancellor of Institutional Planning and Operations; Dr P Nevhutalu, Deputy Vice-Chancellor of Research, Innovation and Partnership; Ms G Mashabela, Deputy Vice-Chancellor of Finance and Business Development; Mr N Stofberg, Registrar; Dr K Ndlovu, Strategic Advisor and Mr F Phooko, President of the Student Representative Council.
The UFS was represented by Prof J Jansen, Rector; Prof R Moraka, Vice-Rector of External Relations; Prof T Verschoor, Acting Senior Vice-Rector; Prof D Viljoen, Vice-Rector of Operatons; Prof I Steyn, Registrar; Prof J Henning, Dean of the Faculty of Law; Prof M Corus, Dean of the Faculty of Economic Management Sciences; Prof N Heideman, Acting Dean of the Faculty of Natural Sciences, Prof D Francis, Dean of the Faculty of Education; Prof D Tolmie Dean of the Faculty of Theology; Mr R Buys, Dean of Student Affairs; Dr C Makhetha, Special Assistant to the Vice-Chancellor; Ms H Lombard, Director of Library and Information Services; Mr F Nkoana, Director of Student Academic Services; Ms A Lombard, Mr J Grobelaar, Chairperson of UVPERSU; Chief Executive Officer of UVPERSU; Mr Q Koetaan, Director of Housing and Residence Affairs; Dr J Strydom, Director of Housing and Residence Affairs; Prof C Tolmie, Director of Information and Communication Technology Services; Ms L Loade, Acting Director of Strategic Communication; Mr F Marais, Director of the Centre for Higher Education Studies and Development; Prof R Britz, Programme Planning; Ms S Welman, Secretary of NEHAWU; Mr M Masitha, President of the Student Representative Council; Mr B Bosch, Member of the Student Representative Council; Mr T Letsoaru, Vice-President of the Student Representative Council; and Ms G Sigwil, Ladies Internal Liaison Student Representative Council.
Other guests who were present at the meetings included Dr R Patel, Chief Executive Officer of MERSETA; Mr P Naicker, Chief Executive Officer of CTFLSETA; Mr J Madiba, Chief Executive Officer of AgriSETA and Ms B Gwagwa; Project Manager KZN Office of the Premier.
Mr H Mashabane, Acting Chief Director of Skills Development, led the presentation.
The NSF was established under the Skills Development Act of 1998. The NSF is responsible for funding projects identified in the National Skills Development Strategy (NSDS) as national priorities. The Director-General of the Department of Higher Education and Training is the accounting authority of the fund.
The NSF projects a total budget of R2 billion for the current financial year. The key programmes of the NSF include the Social Development Initiatives and Critical Skills Support which have been allocated 62% of the total budget for the past five years.
The key challenges of the NSF include, inter alia, improving institutional mechanisms and capacity, creating a stronger link with the department and addressing under-disbursement of funds.
A total budget of R97 million was allocated to KwaZulu-Natal, targeting approximately 17,520 learners. Interventions were directed towards the development of Adult Basic Education and Training (ABET), learnerships, apprenticeships, and Extended Public Works Projects (EPWP).
Approximately R92 million (98.4%) of the total budget of R97 million has been spent. The project is due for completion in June 2011. The ABET project was allocated R72 million, and it reached the most remote areas and empowered the more marginalised sector in the province.
Learners who completed the ABET programme received recognised qualifications and some of these have been absorbed by the labour market.
Facilitators of the project were drawn from local communities and literacy rates have increased. Other initiatives include the Social Development Funding window, critical skills support through SETA projects and informal sector support.
Dr R Patel, Chief Executive Officer of MERSETA; led the presentation. The presentation drew attention to the following key issues.
MERSETA facilitates skills development for metal and engineering, auto manufacturing, motor retail and component manufacturing, tyre manufacturing and plastic industries. The five sub-sectors of MERSETA comprise 44000 companies with a workforce of 600 000.
MERSETA is currently involved in Institutions of Sectoral or Occupational Excellence (ISOE) for Tool, Jig and Die Making initiative. The Coastal KZN FET has been accredited as an ISOE for this initiative for the past 3 years. In Pietermaritzburg 36 learners were trained at NQF level 2 Mechanical Engineering Tool-making. Through MERSETA's Small Medium Enterprise Project, the SME's are supported through voucher systems. Over the last 2 financial years MERSETA has disbursed Mandatory Grants of R38, 262,387 in 2009 and R30, 464,982 in 2010 to its companies in the province. Discretionary Grants of R163, 959,178 have been committed to companies in the province. The Youth Project funded for educational projects in the province for unemployed youth is valued at R13 million.
Other areas of current involvement in the province include the Training Lay-Off Scheme, the Disabled Project and Non-Government and Community Based Organisations (NGOs/CBOs).
Mr P Naicker, Chief Executive Officer, CTFL SETA, led the presentation.
The CTFL SETA has approximately 1230 eligible member companies of which 33% operate in the KZN province.
The CTFL SETA supports the CTFL Centre of Excellence at Durban University of Technology (DUT) by providing bursary support to Textile and Clothing Technology students studying at DUT.
It also supports Industry Training Unit operating from DUT via projects funded from discretionary funding such as Technical Training for clothing firms and New Venture Creation training and monitoring programme.
Support is also given to firms operating in the province through a discretionary grant funding window and Education and Training Quality Assurance (ETQA) support to 23 accredited workplace providers.
AgriSETA deals with approximately 35000 commercial enterprises and 450 000 under-resourced enterprises with a total of 4100 levy payers. The total income of the SETA is R142.6 million with a discretionary fund of R65 million. The agricultural sector contributes 25% to change rate in Growth Domestic Product (GDP).
Over the past 3 years, agriSETA invested R38 million discretionary funds and R32 million mandatory grants in KZN and trained in excess of 2000 beneficiaries (employed or unemployed). The SETA delivers its programmes through 41 accredited private training providers in KZN, 4 FET colleges active in agricultural skills development, and 2 agricultural colleges.
The major challenges of the SETA is the fact that the levy-grant system is not ideal for economies or sectors dominated by small and informal sectors, climate change, and the land reform process.
Prof F Mazibuko, Vice-Chancellor; University of Zululand led the presentation proceedings. The presentation highlighted the following critical issues.
The University of Zululand is one of six comprehensive universities in South Africa and is strategically situated in the Durban-Richards Bay Corridor. Like all South African universities, the University of Zululand is expected to have an ongoing deliberate transformation agenda that examines practices and philosophies that underpin its core business, intellectual projects and other scholarly activities. Its vision and mission is to be a leading rural-based university and a comprehensive university providing quality education.
The Vice-Chancellor of the university was appointed on 01 February 2010. On her arrival at the university, she discovered that the university did not have a permanent Student Representative Council (SRC), a matter of serious concern. An SRC Caretaking Team consisting of two staff members was appointed as an administrator of the SRC. Political tensions are said to be the major contributor to the collapse of the SRC at the university. Management of the university has met with students and discussed the issue resulting in the setting of a possible date for the next SRC elections.
Registration practices and academic implications: The registration process, staffing and technologies of the university require an overhaul.
Safety and security: The university security portfolio will be transferred from the office of the Registrar and all security units will be unified and required to report to the office of the Vice-Chancellor. A list of all the university suppliers of services and materials will be drawn up and scrutinised.
Installation of the Chancellor and Vice-Chancellor: The installation of the new Vice-Chancellor will take place on Friday 30 April 2010 and Mr S Ndebele (Minister of Transport) confirmed his availability.
Student Residences: Residences will be secured from intrusions from people coming from outside or invading from inside and immediate action will be taken to restore what is physically damaged in the residences. A modern and decent facility will be part of the student centre.
Dr M Mokoele, Director Human Capital, led the presentation proceedings.
The impact of globalisation has led to a decline in quality qualified academic staff, in particular women. The University of Zululand has lost a number of qualified young academic staff who were attracted by better offers in the private sector.
The university needs to place emphasis on the retention of academic staff and to review both academic and non academic structures concurrently. Human Capital Management (HCM) must be strategic in transforming the university to access funding and achieve its mission. It also needs to focus on staff training and development, including research orientation.
Essentially, the university needs to reposition itself by incorporating good governance, capitalising on human capital and fostering collaborations with other institutions.
Current HCM projects: In 2007, the university committed itself to job evaluation and job description writing which was completed in 2009. Remuneration alignment and performance management are currently being implemented. A review of strategic and action plans is scheduled for May 2010.
Mr J Doeseb, Acting Registrar, led the presentation proceedings.
The university, like any other comprehensive university still offers higher certificates, bachelor degrees, and national diplomas. The university uses the National Senior Certificate (NSC) as a benchmark for admitting students to various courses. Students without Matric endorsement are accepted for national diplomas and, those with an endorsement are admitted for bachelor's degree programmes.
Like the majority of other universities in the country, UZ has experienced a huge demand for admission in the education and humanities programmes. The introduction of certificate and diploma programmes as well as the introduction of foundation programmes in science, engineering and technology and business management will provide increased access to scarce skills areas.
The university currently enrolls 12500 students of which 11005 are undergraduates and 1495 are postgraduates. The majority of these students 5350 (41%) are enrolled in the humanities, and 4000 (40%) in education. African students constitute the majority of students with 12299 currently enrolled, followed by Indians who total 114 and other races. The large proportion of black students represents the geographical location of the university which is surrounded by local rural areas. Most of the students in the university are drawn from nearby schools.
The Director, Mr H Ramapheka, led the tour of the department.
The committee was informed that the Sol Plaatjie Building, Head Office of the department, was a privately owned property and the Department of Public Works did not reserve any rights to the building. Construction work and building maintenance were solely handled by the department.
The Department of Basic Education which was previously sharing the building with the department, had occupied another nearby building. At the time of the tour, the committee discovered that documents and other furniture items belonging to the Department of Basic Education were being removed to the nearby building. Though the building was quite old, its overall condition was conducive as a workspace.
Prof E Tyobeka, Vice-Chancellor led the presentation.
The presentation began by reflecting on the state of the three former technikons that merged to form TUT, namely, Technikon Northern Gauteng (TNG), Technikon North West (TNW) and Technikon Pretoria (TP). Graduation rates, number of post graduates, and level of research output were below national average at both the TNG and TNW prior to the merger.
The motivation for the merger of TNG, TNW and TP was based on the premise that the new institution would overcome the apartheid induced legacy of division between historically white and historically black institutions and ensure effective and efficient utilisation of resources through effective planning processes.
The relocation of faculties, which still in progress, has been accompanied by infrastructural improvements where the faculties are being accommodated. Duplication of programmes has been eliminated.
Challenges still remaining include: the finalisation in the relocation of faculties, resources for relocation support services and attention to issues of staff relocation.
Dr P Nevhutalu, Deputy-Vice-Chancellor of Research, Innovation and Planning, led the presentation.
At the time of the merger in 2003, the subsidies research outputs of the three independent institutions were as follows: TP had total subsidies research output of 44.48% compared to 4.17% in TNG and 7.97% in TNW. Before the merger in 2002, TP had a total number of 37501 postgraduates as compared to 11056 in TNG and 5077 in TNW. The percentage of staff with doctoral qualification was 13% in TP as compared to 2% in both the TNG and TNW.
The number of staff with postgraduate qualifications has improved significantly after the merger. In 2008, the total number of staff with postgraduate qualification was 422 as compared to 262 in 2004. TUT has the highest number of rated researchers (28 in 2008) than any other university of technology in the country.
TUT has a number of spectacular innovations that include, but not are not limited to, the electronic bicycle (A HI FAMBENI), power management systems and smart vehicle harness. The current challenges in research and innovation include insufficient funding, research space and equipment, research management capacity and recruitment of personnel with doctoral degrees.
Prof L van Staden, Deputy Vice-Chancellor of Learning and Technology, led the presentation.
The TUT consists of seven faculties and 56 departments in three provinces (Gauteng, North West and Mpumalanga). The enrolment target of the institution is 56 000 students with 436 academic programmes, 1000 permanent academic posts and R700 million academic budget.
The three former institutions differed widely in their philosophy and approach to academic development. The pre-merger period was characterised by fragmentation, and a lack of common vision and framework for academic development.
The undergraduate success rate increased with 7.32% since 2003 and surpassed the department's target set for TUT by 2010 with 2% in 2008. Its undergraduate headcount enrolment increased with 4647 since 2003.
Prof S Molefe Deputy Vice-Chancellor of Institutional Planning and Operations led the presentation.
The reasons for the merger were constituted by a number of government objectives which included, amongst others, the transformation of the higher education landscape to a single but differentiated system, ensuring better access, the elimination of duplication of academic programmes and the opportunity to improve service delivery and overall quality.
TUT developed an Institutional Operating Plan (IOP) to give effect to the merger. The merger initially cost R700 million. Only R302 million was provided by the department to fund 33 infrastructural projects in order to effect relocation. 20 projects in total are completed, seven are under construction and six are under the tender process. The outstanding 13 projects will be completed by December 2010.
The infrastructure projects funding summary includes R48 million for Ga-Rankuwa campus, R135 million for Soshanguve campus, R36 million for Pretoria campus and R32 million for other projects.
Ms G Mashabela, Deputy Vice-Chancellor of Finance and Business Development led the presentation.
TUT consists of 30 student residences in 272 buildings with a population of 10382 students. There is an Institutional Residence Committee (IRC) which is made up of chairpersons of the campuses, All Residence Committees (ARC's) and Secretaries as well as ARLC staff members.
Residential committee's are responsible for emergencies, security, residence life and sporting activities. ALRC is responsible for leadership training, life skills development, community service, academic support for residence students.
The Soshanguve and Garankuwa campus residences at the time of the merger were found in the following state: up to four students resided in one room, there was no sufficient furniture in student rooms, no security and access control, no student social life and poor discipline.
Transformation achievements in residences include the integration of students through placement policy, and an improvement of the management of residences. Students are placed per faculty and are only guaranteed accommodation if they achieve at least 50% pass rate.
TUT strives to provide sport facilities of a high standard at all campuses. This is achieved through a budget allocation as well as assistance from the LOTTO fund.
Four years after the merger, the Soshanguve and Ga-Rankuwa residences have significantly improved with rooms fully equipped with furniture and fluorescent lights.
Mr F Phooko, President of the CSRC led the presentation.
Enrolment planning: The main challenge for students with regards to the enrolment planning of TUT is that it changes constantly. Bureaucracy during the registration period affects students negatively. Most students coming from other provinces are delayed since their applications are processed and approved at the main campus in Pretoria. No financial support or accommodation is provided to these students while they wait to be admitted to the institution.
Residences: The Ga-Rankuwa and Soshanguve residences are still operating without an adequate infrastructure. The institution has only renovated and painted the residences when they should rather have constructed new buildings. Facilities at the residences are still a cause of concern for students and little has been done to address this issue. Residences in satellite campuses are poorly maintained and some students are not accommodated.
Constitution of the SRC: There is a notion that the management of the institution undermines the Constitution of the SRC. The SRC is seldom consulted on critical decisions of the institution. The main challenge is that there is currently no SRC structure at the Soshanguve campus which affects the representation of the students needs to management. No date was set for the election of a new SRC for this campus.
National Student Financial Aid (NSFAS): Students currently enrolled for the Bachelor of Technology (BTech) degrees are not assisted with NSFAS funding. This has contributed to a high drop out rate of economically challenged students enrolled for this degree and there were no plans to address this issue.
Merger: The merger process has disadvantaged the historically disadvantaged merged institutions. As a result, enrolments have been capped significantly at the Soshanguve campus. The aspirations of the merger were positive. However, the SRC showed concern that those with the mandate to fully implement the merger were not effectively carrying out the task.
Prof J Jansen, Rector of the UFS, led the presentation, which highlighted the following.
The UFS has approximately 30000 enrolled students for the 2010 academic year with 60% of the majority being black students, 5.4% Coloureds, 0.5% Indians and 34% Whites. The institution attracts a large number of students from nearby provinces and is committed to the developmental goals of transformation to move forward.
At the time of his arrival (Prof Jansen, Rector), there was a dent on the image of the institution. The institutional culture was not conducive to certain races within the institution. Racial disintegration tensions were evident among the students in the campus and this was a serious concern for the Rector. The Reitz incident overshadowed the image of the institution even nationally.
During the period of 10 months upon the appointment of the new Rector, significant progress has been achieved in restoring the image of the institution. Students were divided in 50-50 ratio in residences to promote racial integration. Approximately 16 residences have completed this phase and four are still in progress. An enormous amount of work in integrating students has been achieved.
In terms of knowledge, the Rector has proposed a curriculum review of the institution to Senate to allow students to study core knowledge including on how to be human and reflect on the meaning of integration. There is also a proposal for the institution to conduct a study on race in higher education.
The institution has a challenge of a low throughput rate and already the issue is being addressed through extensive work to change its teaching model and admission criteria to improve success rates.
The institution is currently working with disadvantaged high schools in the province to encourage first generation students to succeed and reach higher education.
In a bid to bring about greater staff equity and to position the institution among the leading universities in the continent, the UFS, through the Vice Chancellor's initiative, has set aside funds to recruit 25 of the most promising young scholars (new PhDs students) for intensive training in becoming the next generation of UFS professors.
The institution has submitted its transformation report to the department. The Rector promised the committee that if the situation of the institution does not change, he will take responsibility for its failure.
Mrs M Wilson-Strydom led the presentation.
The UFS has a long history of commitment to the goal of increasing participation and providing alternative access routes to counteract the impacts of low quality schooling. The challenge of student under-preparedness for university level is growing at the UFS specifically and nationally.
The UFS currently offers four different access routes to the university, namely, a 3-year mainstream undergraduate programme, a 4-year extended degree programme, a University Preparation Programme (UPP) and Recognition of Prior Learning (RPL).
Since 1993, 4159 students enrolled at the UFS after the UPP year. Since 1996, 1111 degrees have been awarded at the UFS. The UPP pass rate at the end of 2009 following specific focus on student support was 74%.
The UFS has four main projects / programmes to enhance student success. These are: student engagement research, a new academic tutorial programme, student orientation and academic advising.
Mr M Masitha, President of the SRC led the presentation.
Social Integration: Black and white students are still racially disintegrated in residences. The new placement policy has not worked well in addressing this challenge. White students are resisting integration with the predominantly black students' residences. The 50-50 placement ratio has failed to integrate students to share the same rooms. Black students are still sharing rooms with their counterparts though there are white students living in the same block. Only 30% integration has been achieved in residences.
Employment Equity: The UFS has a majority of white males through-out its academic ranks. Promotion has been predominantly based on racial status rather than academic capabilities and work performance. There is currently no move to employ black academic staff and this affects students negatively.
Security: Security and access control of the campus, especially in residences is not adequately managed. Lighting is a serious challenge on campus and this has led to an increase in the rate of thefts in residences. Cameras situated around the campus are not sufficiently monitored and evaluated.
Deregistration of Students: Some students were registered on condition that they settle their accounts in April 2010. This is unacceptable as the majority of these students are economically challenged. Approximately 1500 students have been deregistered due to debt and the SRC appealed to the management to extend the date until negotiations are completed.
Learning: The UFS uses a parallel medium of instruction for learning. This divides the students according to their language of tuition. Black students are often disadvantaged as their classes continue until evening due to lack of capacity in English classes. There is no shuttle services provided for students living off campus and this leads to non-attendance of classes.
The committee remained extremely concerned with the level of commitment of AGRISETA and CTFLSETA towards skills development in KwaZulu-Natal. One of the reasons provided by the CTFLSETA was that the clothing and textile industry was experiencing a downward trend and most of the industries in the sector were closing down. AGRISETA indicated that farm workers required Adult Basic Education and Training (ABET) just to be able to count money only.
A concern was raised with the contribution of the SETAs in training per learner. It was noted that most manufacturing industries were not keen in training learners due to the high costs involved in training of artisans. The department was requested to intervene in ensuring that more funding is allocated in the training of learners.
It was noted that the country was faced with the shortage of engineers and by 2020 research shows that there will be insufficient engineers in the country. A proposal was made that Technical High Schools should be fully supported to increase their output in scarce skills. MERSETA was requested to explain its plans to address the shortage of scarce skills.
It emerged that the three SETAs adequately supported centre's of excellence rather than emerging small medium enterprise. The committee was concerned that well established enterprises were benefiting from the SETAs while emerging service providers were being excluded.
It was noted that some service providers were not submitting their workplace skills plan annually to the SETAs. This often leads to less accountability to the discretionary grants allocated to service providers. The committee requested a report from the three SETAs on the issue.
It was highlighted that there is still a lot of work that needs to be done by SETAs in addressing the challenge of skills development. Insufficient funding is said to be the main backlog that hampers progress in skills development. The department is negotiating with the SETAs to reach a specific target annually in line with government priorities. It was noted that well established companies were benefiting from mandatory grants and the department was in a process of reviewing the allowances in line with the SETAs mandates.
The level of involvement in the training of artisans is indeed limited due to lack of funding. The training of artisans in some countries may cost up to R300 000 per year. Legislatively, the SETAs pay only 20% discretionary grants. The challenge is the need for government to look at international trends and become more involved in skills development since the training of artisans is very costly.
It is not possible to place all learners who participated in various programmes of the SETAs due to the lack of capacity in industry. Emerging service providers are supported by the SETAs. However, great emphasis is placed on the centre's of excellence due to their capacity.
The committee was of the view that leadership of the university was supposed to guide the process of the SRC elections to encourage non violence. A concern was raised that there was no SRC in the university and no clear indication of the proposed date for new SRC elections. The committee requested a copy of the SRC's constitution for further scrutiny.
The committee commended the work of the interim administrators who were taking care of students needs. The university was requested to explain the way forward on the matter and to include a timeframe of activities. The committee was concerned that as much as the university agreed to meet with the committee, there was no effort to include students as part of the meeting proceedings.
It emerged that there was a notion of affiliating to past events which transpired at the university. The committee highlighted that history cannot legitimate what happens at the university. A concern was raised that there were no success stories about the university available to the public. Credibility of qualifications offered by the university were also a cause of concern. There were rumours that examination papers of the university were being marked off site. The university was requested to explain the situation in this regard.
The committee commended the Rector's approach in dealing with the challenges of the university and supported the implementation of the one year turn-around strategy.
It emerged that the Information Technology Communication (ITC) system was of serious concern and contributed to the mismanagement of the registration and procurement process. The university was requested to explain its plans to address this challenge.
It emerged that the university introduced a course known as a Bachelor of Correctional Studies in 2002. This later backfired on the university as many students who graduated in this course were not finding employment. The committee was interested to know whether there was proper research conducted before offering the degree and whether it was accredited by the South African Qualifications Authority (SAQA).
The committee remained extremely concerned that the reason given for little progress in transformation among academic staff (predominantly black) was that the university was situated in a rural area. The committee was of the opinion that it was the responsibility of the university to make it attractive to accommodate other races amongst the academic staff.
The university was faced with the challenge of historical political tension that existed in the surroundings of the university. This often influenced the SRC elections as the two main student parties, namely, the South African Students Congress (SASCO) and the South African Democratic Students Movement (SADESMO) were often fighting consistently before the SRC elections. The process of the previous elections was not free and fair as the results were adjusted to create a victory for a particular party. The university has set up clear measures to ensure that the next elections will not be mismanaged and the date would be confirmed in due course.
The university is in the process of overhauling its ITC systems because most of the registration challenges are caused by outdated systems. The security service was located in the office of the former Registrar and they were not investigating serious cases such as loss of data. This office has since been moved to the office of the Rector to minimise potential manipulation.
The committee remained extremely concerned with the under-spending of the NSF. The misalignment between the fund and the provinces was said to be the major contributor to under-spending. The fact that there was no sufficient monitoring and evaluation by the NSF to provinces concerned the committee.
It was noted that the NSF is not a banking scheme and the manner in which funds are disbursed to provinces required urgent review. It was highlighted that the NSF is supposed to be an arm to develop and grow skills throughout the provinces. The committee further requested to know as to why certain provinces were not allocated funds.
It was highlighted that the current status of the NSF was of serious concern. The committee was concerned with the fact that the department had promised to intervene urgently in the challenges of the NSF and thus far little has been achieved in addressing its challenges. As a result, this delay has negative implications down the line. The committee requested an explanation on rumours that the NSF ceased to disburse funds in 2009.
The committee requested a breakdown of the use of the fund provincially and to include objectives and key outputs of the funded projects. The current mandate of the NSF to disburse funds to provinces without assisting in developing a provincial skills programme needed urgent review.
The department acknowledged the challenges of the NSF and promised to fast-track the process of appointing the new Chief Executive Officer (CEO). A team to administer the operation of the fund would be appointed in due course. The department agreed that the entire system of the NSF would be reviewed and a conclusion of the challenge of provincial capacity was a main priority.
It was noted that certain provinces delayed in drafting their provincial skills plan and as a result the NSF is unable to allocate funds without specified projects. The NSF had not stopped disbursing funds to provinces. However, there was a decrease in its activities.
The committee commended the success rate, research initiatives, strong focus on student life, staff compliment and progress of the TUT. The institution was requested to explain the reasons for the protests during its registration period as well as the current status of the matter.
The TUT was requested to explain challenges with regards to the moving of faculties to other campuses and the process of the merger.
The student leadership body was requested to submit a written report on the challenges of students.
It was noted that the process of the merger was fairly complex and the model adopted by the TUT had brought people together. The technical and mechanical aspect of the merger has been completed. The issue of the salary dispute was resolved by the institution.
The committee was concerned with the low throughput rate of the university and requested an explanation for it.
It was observed that the university implemented the parallel medium of instruction. A concern was raised regarding the non- Afrikaaans speaking students within the university and that this could have a negative impact on their academic performance. The committee requested clarity on the impact of the language policy on student access and success.
The committee commended the university for the Undergraduate Preparedness Programme (UPP). Clarity was requested on the impact of the programme with regards to student support and whether it was efficient enough in preparing students for higher education.
The committee commended the 50-50 ratio project of the university in student residences as a positive step towards transformation. It was highlighted though that this should be prioritised by the university and the process of the remaining six untransformed residences process should be fast-tracked.
It was noted that the Rector of the university was extremely committed in turning around the institutional culture of the university. This is supported by his strong leadership skills in unifying different races of the university and his approach towards transforming the student residences.
The committee requested a reflection on the new emerging culture of the university including progress in new policies dedicated to transforming the university. The university was further requested to explain the relationship between staff members who were victims of the Reitz incident and management and, whether there were any further support mechanisms provided to them.
A concern was raised regarding the employment equity of the university. Though there were drastic measures in place to implement transformation, at top management level of academic staff white males were in an overwhelming majority. The committee enquired whether the university supported the approach of change at top management level.
The university acknowledged that its teaching and learning model is not adequate and it might be a contributing factor to its poor throughput rate. The admission requirement of the university is not stringent and as a result many average students had been admitted and some had not managed to maintain a higher standard of education.
The language policy of the university racially disintegrates students. This has disadvantages as students are not able to communicate and assist one another with their academic work.
It was noted that the litigation process regarding the Reitz incident was still proceeding and the victims of the incident have been removed from working at the residences. Regular meetings between victims and management have been conducted with the objective of giving support and as a result they have integrated well into the university. The university was working close with the Human Rights Commission in arranging compensation for the victims.
The institution was without an SRC due to political tension between the two main student organizations (SASCO and SADESMO) and the process of the new elections was not yet finalized. Two staff officials were appointed as SRC administrators.
Politics among student leadership bodies were taken personally to an extent whereby students engaged in violent acts resulting in personal injuries or damage to property.
The information communication technology system of the university was outdated and loss of data was quite frequent, often leading to corruption and mismanagement of important files.
There were certain academic staff members who were being promoted without merit and most of the staff members were employed on a contract basis. Literally, there was disjuncture and no effective guidelines in the employment system of the university.
The procurement of external service providers was not transparent and this led to less accountability for services rendered to the university.
There is a serious misalignment between national implementation of the NSF with the provincial skills forum and as a result millions of rands meant to address the challenge of skills development in provinces were being returned to the NSF.
The head office of the department was being renovated to accommodate staff members from the Department of Labour dealing with skills development.
The department has not yet succeeded to appoint a new Chief Executive Officer for the NSF and the agreement with the provincial skills forum has not yet been concluded due to the recent split of the department.
There is a serious challenge of capacity to deliver within the NSF and the entire system of the NSF would require an urgent review to address the challenge of under-spending.
The institution is the largest university of technology in the country and it is currently making progress in terms of research and innovation.
There was no SRC in the Soshanguve Campus and most of the infrastructure backlogs were in that campus since it was a historically disadvantaged institution prior to the merger.
There is a strong focus on development of student life in residences and this programme is well managed and can be a model for other institutions.
The process of the merger though very complex was managed in a very efficient way and the model adopted brought people from different backgrounds together.
The university has a challenge of a very low throughput rate and one of the major reasons given was that the university's teaching model was ineffective.
The litigation process of the four Reitz students was still in court and no final verdict on their fate had been concluded. The employees who were victims of the incident were removed from working in the residence and they have integrated well with the university. A process is currently in place to arrange their compensation.
The 50-50 placement ratio in residences has not yet addressed the challenge of racial disintegration between black and white students in residences. White students are still resistant in migrating to predominantly black residences. The completion of this process is expected to be concluded at the end of the year.
The demographics of the university do not reflect equal represention among academic staff. White males are in the majority of the academic staff up to the senior level.
The university implements the parallel medium of instruction. This automatically divides students and they are unable to share common knowledge regarding their academic work.
The three day oversight visit to the UZ, DHET, TUT, and UFS was very fruitful and provided sufficient insight into some of the underlying challenges that affect higher education institutions and the skills development sector. It was evident throughout the visits that most HEI's faced common challenges related to transformation, throughput rate, student accommodation and financial assistance to needy students. On the other hand, the skills development sector was lagging behind in terms of reaching its millennium goals and targets by 2020 and this affects the masses negatively. In theory, there are various measures in place to implement government's objectives to reduce illiteracy and half unemployment by 2014. However, the critical challenge is the implementation of these policies due to bureaucratic challenges within the three spheres of government. A huge amount of investment has been made in skills development over the past 16 years of the new democracy. However, to date, little has been achieved with the resources at hand. The involvement of the SETAs has achieved little in addressing the shortage of skills and illiteracy in the country. One of the common challenges observed during the oversight visit is that, more funds were needed to effectively address the challenge of the skills sector.
There has been a significant change in the higher education landscape for the country to be proud of. Improved participation rates and better access to young black students is a major achievement of higher education in the last 16 years. However, in general, transformation in the sector has been limited. This has been observed by the committee through its engagement with various HEI's even the ones visited during this oversight visit. The common excuse that has been highlighted to the committee is that black academics were fleeing the sector due to its environment and its remuneration challenges. One of the main findings during the oversight was that graduation rates were still skewed among black and coloured students and this concerned the committee as there was little achieved to addressing this challenge at both the level of HEI's and the department. The merger process has not yet been measurable as many merged institutions were still finding their identity and common objectives. Political tensions among student leadership bodies have been a significant challenge among the historically disadvantaged institutions mainly due to the violation of the SRCs' constitutions and a lack of adequate leadership from the management of the institutions during the SRC election periods.
The committee has however, promised to table recommendations made during the oversight visit in the National Assembly for debate and further consideration. It further promised follow-up visits in future and comprehensive interaction through communication with the institutions to monitor progress and challenges thereof.
The leadership of the University of Zululand should urgently finalise the proposed date of the SRC elections and a conflict resolution structure or mechanism should be put in place to ensure free and fair elections.
The overhauling of the university's information communication technology systems should be prioritised with the objective of reducing mismanagement of valuable data.
The new Vice-Chancellor of the university should be supported by the members of the executive management in her turn around strategy for the university.
The appointment of the CEO for the NSF should be urgently concluded and the review of the NSF entire system would be very instrumental in reducing the challenge of under-spending.
The department should consider addressing the capacity constraints within the NSF so as to assist delivering the key output of the fund.
The National Skills Authority (NSA) should play an active role in ensuring that the NSF is a strong arm of delivery in skills development. The current surplus of 2.7 billion of the NSF should be transferred for other deserving under funded critical programmes such as ABET and the Recognition of Prior Learning (RPL).
The leadership of TUT should urgently address the lack of SRC structures at the Soshanguve Campus and other relevant challenges such as accommodation on the campus.
The process of the merger should be urgently concluded to allow efficiency and efficacy at the institution.
TUT should apply for more funding from NSFAS to assist more needy students, especially from satellite campuses and to minimise further violent protest during registration period.
Transformation in the UFS should be a major priority of all stakeholders involved in the university and especially among the student population.
The Committee welcomes and supports the UFS's proposed plan to review its teaching model, as this is of critical importance in achieving the objective of increasing the institution's low throughput rate. The university should, in particular, consider pursuing new teaching and learning models that accommodate a larger and more diverse student population.
Appointments of black lecturers should be prioritised to strengthen support for first generation students and to reflect on the demographics of the university where the majority are black students. To this end, the Committee commends the initiative of the Vice Chancellor to recruit 25 promising young scholars for intensive training as part of a drive to ensure equitable access and progression in the academy for previously disenfranchised groups.
The language policy of the university needs to be reviewed as it is a critical element in the process of transformation.
Appropriation Bill [B 3 - 2010] - Act No 3 of 2010 (assented to and signed by President on 15 June 2010).
Deeds Registries Amendment Bill, 2010, submitted by the Minister of Rural Development and Land Reform.
Sectional Titles Amendment Bill, 2010, submitted by the Minister of Rural Development and Land Reform.
Reply from the Minister of Finance to recommendations in the Report of Standing Committee on Appropriations on Division of Revenue Bill [B4-2010], as adopted by the House on 4 March 2010.
Referred to the Standing Committee on Appropriations.
Deeds Registries Amendment Bill [B 13 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33316 of 21 June 2010.
Sectional Titles Amendment Bill [B 14 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33316 of 21 June 2010.
Annual report of the Judicial Service Commission for the financial year ended 30 June 2009.
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Uganda regarding Co-operation and Mutual Assistance between their Customs Administrations, tabled in terms of section 231(3) of the Constitution of the Republic of South Africa, 1996.
Explanatory Memorandum to the Agreement regarding Co-operation and Mutual Assistance between their Customs Administrations between the Government of the Republic of South Africa and the Government of the Republic of Uganda.
Strategic Plan of the Small Enterprise Development Agency (SEDA) for 2010/11 - 2012/13.
Corporate Plan of the South African Bureau of Standards (SABS) for 2010 - 2013.
Business Plan and Budget of the National Lotteries Board for 2010/11 - 2012.
Strategic Plan of the National Gambling Board (NGB) for 2010 - 2013.
Strategic Plan of the National Metrology Institute of South Africa (NMISA) for 2010 - 2013.
Strategic Plan of the National Credit Regulator (NCR) for 2010/11 - 2015.
Strategic Plan of the National Regulator for Compulsory Specifications (NRCS) for 2010 - 2013.
Corporate Strategic Plan of the Estate Agency Affairs Board of South Africa for 2010/11 - 2012/13.
Strategic Plan of the National Consumer Tribunal for 2011 - 2013.
Corporate Strategic Plan of the Export Credit Insurance Corporation of South Africa Limited for 2010/11 - 2012/13.
Strategic Plan of the South African National Accreditation System (SANAS) for 2010/11 - 2012/13 [RP 63-2010].
Consolidated Strategic Plan of the National Empowerment Fund for 2010/11 - 2012/13 and Business Plan for 2010 - 11.
Reply from the Minister of Mineral Resources to recommendations in Report of the Portfolio Committee on Mining on Oversight Visit in Four Provinces to Investigate Illegal Mining Activities, as adopted by the House on 4 March 2010.
Referred to the Portfolio Committee on Mining.
Report of the South African delegation to the 122nd Inter-Parliamentary Union (IPU) Assembly in Bangkok, Thailand, from 27 March to 1 April 2010.
Established in 1889, the Inter Parliamentary Union (IPU) is an international organization of Parliaments of sovereign states. The IPU is one of the leading organizations in the promotion and strengthening of the institutions of parliamentary democracy. The IPU consists of the Assembly, the Governing Council, the Executive Committee and the Secretariat. The Assembly is assisted in its work by three Standing Committees which prepare reports and draft resolutions for the Assembly to consider, namely, the Standing Committee on Peace and International Security, the Standing Committee on Sustainable Development, Finance and Trade and the Standing Committee on Democracy and Human Rights. The current President of the IPU is Mr T-B Gurirab from Namibia.
The IPU supports the efforts of the United Nations, whose objectives it shares, and works in close co-operation with. It also co-operates with regional inter-parliamentary organizations as well as with international inter-governmental and civil society organizations that are motivated by the same ideals.
The IPU's membership currently comprises of 155 member parliaments and 9 international parliamentary assemblies who are associate members.
Consideration of possible requests for the inclusion of an emergency item in the Assembly agenda.
General debate on the political, economic and social situation in the world with the overall theme of "Parliament at the heart of political reconciliation and good governance".
Cooperation and shared responsibility in the global fight against organized crime, in particular drug trafficking, illegal arms sales, human trafficking and cross border-terrorism (Standing Committee on Peace on International Security).
The role of parliaments in developing South-South and Triangular Cooperation with a view to accelerating achievement of the Millennium Development Goals (Standing Committee on Sustainable Development, Finance and Trade).
Youth participation in the democratic process (Standing Committee on Democracy and Human Rights).
The delegation to the 122nd IPU Assembly consisted of: Mr M V Sisulu, MP (Speaker of the National Assembly and Leader of Delegation), Ms M T Kubayi, MP (ANC), Adv Z L Madasa, MP (ANC), Ms B V Mncube, MP (ANC), Ms S C N Shope-Sithole, MP (ANC), Ms D Kohler-Barnard, MP (DA), Mr L Ramatlakane, MP (COPE) and Prof C T Msimang, MP (IFP). Ms M N Oliphant (House Chairperson: International Relations) and Ms M Wenger (DA) attended as advisers to the delegation (observers).
Mr Z A Dingani (Secretary to Parliament), Mr M K Mansura (Secretary to the National Assembly), Adv M E Phindela (Acting Secretary to the National Council of Provinces) and Ms P Davids (Office of the Secretary to Parliament) attended the meeting of the Association of Secretaries General of Parliaments.
The South African delegation was met on arrival by Ambassador Douglas Gibson. The Ambassador briefed the delegation on the current political situation in Thailand. His input covered the recent history of the political situation in the country. He highlighted that power could shift swiftly between factions. He advocated that South Africa should retain, as far as possible, a neutral stance to the current political impasse. Speaker Sisulu also pointed out that the approach of South Africa was to always firstly pursue and encourage the route of dialogue to resolve a political crisis.
The Meeting of Women Parliamentarians took place on Saturday, 27 March and continued on Wednesday, 31 March. Ms Shope-Sithole, Ms Kohler-Barnard and Ms Wenger attended the meeting.
The meeting elected Dr. Tassana Boontong, Second Vice President of the Senate of Thailand as the President of the Meeting. The meeting then proceeded to look at gender activities of the IPU including the work of the Coordinating Committee of Women Parliamentarians, the work and recommendations of the Gender Partnership Group and recent specialized IPU meetings. It was noted that of the 130 countries and 1334 participants to the 122nd Assembly, 193 were women (28,2%). This was slightly below the desired 30%. The meeting was also informed that the delegations from Malta, Qatar, Papua New Guinea and Saudi Arabia would be reduced by one person as a result of being composed exclusively of parliamentarians of the same sex for three consecutive sessions of the Assembly.
Participants then divided into two groups to discuss the subject item before the Standing Committee on Peace and International Security on "cooperation and shared responsibility in the global fight against organized crime, in particular drug trafficking, illegal arms sales, human trafficking and cross border terrorism".
Trafficking of women. This group discussed concrete ways and means to prevent trafficking of women, punish perpetrators and secure support to ensure the rehabilitation of women victims of trafficking.
The role of women in combating drug trafficking. This group discussed the impact on women and families and the role of women in terms of prevention, treatment and rehabilitation.
The rapporteur of each discussion group was tasked with drafting amendments to the resolution submitted to the Standing Committee on Peace and International Security for discussion. The amendments would be aimed at introducing a gender perspective to the resolution.
In her input to the first discussion group, Ms Kohler-Barnard stated that South Africa was currently very focussed on the Soccer World Cup, however, it was also very aware that with it would come the trafficking of women, youths and children. It was noted that the South African Police Service had secured a total conviction rate of just five cases for human trafficking in the last financial year, with only 29 successful detections, despite it being known that South Africa was a source, destination and transit country for trafficking in persons and was on an international human trafficking watch list.
It was reported that some 40 000 women and children were trafficked during the 2006 German World Cup and it was estimated that South Africa could be facing figures as high as 100 000 over the World Cup in June and July this year.
Ms Kohler-Barnard stated that as a parliamentarian she did not believe that the issue had, prior to this stage, received sufficient attention from the South African police, although South Africa had, just days ago, made its first conviction for human trafficking for the purposes of sexual exploitation. This conviction was secured by using racketeering laws related to sexual exploitation to convict a couple, a South African and a Thai national. South Africa's Human Trafficking bill was only recently introduced in Parliament. She noted this in light of point 11 of the resolution which stated that member Parliaments had to be more proactive in combating trafficking by drawing up laws to do so, criminalizing trafficking and including prevention, protection and assistance measures. The two men arrested were due to be sentenced on May 10 and faced a maximum sentence of life imprisonment or R100 million fine. They had recruited women from Thailand who were kept in a brothel on the east coast of South Africa. Therefore, it was noted that although human trafficking for the purposes of sexual exploitation could currently draw long sentences in South Africa, it was not necessarily the case with human trafficking for other reasons. It was hoped that the new legislation would address this.
It was further stated that the situation was expected to worsen markedly during the run-up to the Soccer World Cup, as South Africa's borders were extremely porous. The movement of vehicles carrying trafficking victims remained an issue which was being focused on by role players ranging from security to social services. It was further highlighted that there was an integral link between human trafficking, drug dissemination, money laundering, under the umbrella of organized crime, as well as, in certain cases, terrorism and that South Africa was focussing on this with extreme vigilance and energy. As a nation South Africa was determined not to allow its hard fought battle for democracy to come under threat politically, or economically. In this manner and as with the other areas that required focus during the pre-world cup period, this was one area in particular that was causing concern and ensuring a greater focus. The fight against transnational organized crime had to be strengthened and intensified so as to find a solution involving the sub-Saharan sector.
In her input to the second discussion group, Ms Shope-Sithole noted that the South African parliament had a high percentage of women parliamentarians who were focused on addressing issues of poverty alleviation within their constituencies. This was especially relevant as it was often women in poverty stricken areas that turned to drugs. By targeting women for poverty alleviation programmes progress could be made in alleviating drug abuse.
The Meeting of Women Parliamentarians also held a dialogue session between men and women on "Combating violence against women, with a particular focus on women held in places of detention and imprisonment" was also held. This session was introduced by a keynote address by HRH, Princess Maha Chakira Bajrakitiyabha, UNIFEM Goodwill Ambassador on violence against women. The debate that followed focused on the general role of parliaments in combating violence against women. Particular emphasis was placed on the situation of women in prisons and immigration detention centers.
Participants were presented with the latest Map on Women in Politics for 2010. This Map was jointly produced by the IPU and the United Nations.
The Meeting of Women Parliamentarians was also called upon to renew half of the membership of its Coordinating Committee, to replace those titular and substitute representatives whose term expired in April 2010, as well as those members that had lost their seat. Ms S Shope-Sithole was elected as substitute member for the Africa group. On her election Ms Shope-Sithole expressed her thanks for the faith that had been placed in her. She expressed her desire to work for general good of women of the world.
After the elections, the meeting was suspended to allow the newly constituted Coordinating Committee to meet in camera and select candidates for it bureau (President, First Vice-President and Second Vice-President). It was then announced that Mrs Syada Greiss was the new President of the Meeting of Women Parliamentarians while Dr Nurthayati Assegaf was elected as First Vice-President and Ms M Mensah-Williams was appointed as Second Vice-President.
Field visit related to early childhood development which went to the Silapadje Early Childhood Development Center. Ms Shope-Sithole attended this field visit.
Field visit to look at issues around migrants and trafficking to the Sapansiri Community. Ms D Kohler-Barnard and Ms M Wenger attended this field visit.
Field visit to look at matters related to newborn care to the Charoenkrung Pracharak Hospital, the first baby friendly hospital in Bangkok.
The meeting was held on Saturday, 27 March and chaired by Speaker Sisulu.
The meeting was informed that, according to the rules of the Group, Central Africa, by virtue of being first on the alphabetical list of sub regions, would nominate a chairperson from the group. Each sub region would also need to nominate a member to serve on the bureau of the Africa Geopolitical Group.
Two vacancies existed for the Africa Geopolitical Group for a titular and substitute member. It was agreed that Ms Shope-Sithole would be nominated as a substitute member, on behalf of the Southern Africa sub region, on the Coordinating Committee.
There were no vacancies on the First Standing Committee (Peace and International Security). On the Second Standing Committee (Sustainable Development, Finance and Trade) there was one vacancy for a titular vice-president from the Africa Group. The meeting agreed that Ms Lucy Changwe from Zambia would be nominated on behalf of the Southern Africa sub region. The Third Standing Committee (Democracy and Human Rights) had a vacancy for a titular vice-president from the Africa Group, but it was agreed that the sub region would not put forward a nomination for this position to the Africa Geopolitical Group.
In conclusion the meeting looked at consolidation of the reform of the IPU, specifically the legal foundation of the IPU. On the proposal of the meeting it was agreed that Speaker Sisulu would be the representative serving on the task team to look at the documentation that had served before the Executive Committee of the IPU related to changing the legal nature of the IPU to that of an international organisation.
The meeting was held on Friday, 26 March and continued on Monday 29 March..
The representatives from Algeria and Benin briefed the Group on the meetings of the Executive Committee held on 25 and 26 March.
The report of the President of the IPU on his recent activities, specifically the Copenhagen Conference on Climate Change.
The Secretary-General's financial report which had highlighted that the IPU was still in a strong financial position despite the world economic crisis.
The consideration of requests for reaffilitation to the IPU, notably by Djibouti, the Seychelles and Guinea Bissau.
The referral of the disappearance of a number of members of parliament from Nigeria to the Committee on the Human Rights of Parliamentarians.
The forthcoming meeting of the Preparatory Committee for the Third World Conference of Speakers taking place in June. In this regard members were requested to make the necessary logistical arrangements for their participation in the conference in good time as a number of events were being held in Geneva at this time.
The Executive Committee also looked at cooperation with the United Nations system, specifically the relationship between the IPU and the United Nations in line with the cooperation agreement which gave the IPU observer status at the United Nations and aimed to add a parliamentary dimension to the work of the United Nations. This agreement was concluded in 1996 and required updating.
In addition, the Executive Committee looked at the consolidation of the reform of the IPU by changing the legal nature of the IPU to that of an international organisation. It was proposed that this should be done by way of an international convention concluded by states. The Secretary General would specifically focus on this matter when he addressed the Group.
After deliberation it was agreed that each sub regional group would select a representative to serve on a task team to look closely at the documentation that served before the Executive Committee on changing the legal nature of the IPU to that of an international organisation. This task team would be set up after the Secretary General had addressed the Group on this matter.
The request by Canada to host the 127th IPU Assembly in October 2012 (it was practice for this Assembly to be held in Geneva) was discussed. Uganda would host the 126th IPU Assembly in April 2012. Canada had previously requested to host the 2011 Assembly (which would now be hosted by Panama), but had been unsuccessful as it could not guarantee that all countries would be granted visas to enter Canada. Canada had now indicated that it would grant visas to all countries to whom the United Nations would grant a visa. Furthermore, should a visa not be granted as a delegate was perceived as a security risk, Canada had undertaken to handle the matter directly with the delegate concerned. It was the position of the meeting that the conditions laid down by Canada went against the spirit of the IPU as a platform for world wide parliamentary dialogue. In addition, the conditions were contrary to the statutes of the IPU in so far as it was parliaments that determined their delegations and not individual members.
The Executive Committee also discussed the procedure for electing the Secretary General of the IPU. In this regard a procedure would need to be developed to allow for more than one candidate for the position to be considered.
The Israeli violations of Islamic and Christian holy sites and consideration of the Harem Ibrahimi Mosque and the Bilal Ibn Rabah Mosque as part of the Jewish Heritage (proposed by Palestine on behalf of the Arab Group).
The solidarity of the international community, and in particular of parliaments and parliamentarians of the world, with the people of Haiti and Chile in the face of the tragedy they are experiencing (submitted by Cuba and Uruguay).
Parliamentary action to ensure an immediate halt to Jewish settlements as well as the physical and intellectual protection of all historical and religious sites in the Palestinian territories, in particular Al-Aqsa Mosque, from all aggressive and illegal actions of the occupying power (submitted by the Islamic Republic of Iran).
Support for those emergency items which were related to Palestine was expressed, as was support for the emergency item on Haiti and Chile. The meeting did not conclude finally which proposal it would support as a Group.
It was reported that the Meeting of Women Parliamentarians would be called upon to renew half of the membership of its Coordinating Committee, to replace those titular and substitute regional representatives whose term expired in April 2010.
Posts to be filled included one titular and one substitute regional representative per geopolitical group, for a four year term. Geopolitical groups were requested to submit candidatures accompanied by a brief curriculum vitae of the candidates.
From the Southern Africa sub region, Ms Shope-Sithole was nominated by acclamation as substitute regional representative for the Africa Group on the Coordinating Committee of Women Parliamentarians.
The meeting agreed that sub regions should give consideration to persons to be nominated for election to the bureau of the Africa Geopolitical Group. The bureau would be elected during the 123rd IPU Assembly taking place in Geneva in October.
It was indicated that membership of this committee would not be done by submission from geopolitical groups, but rather on submission of individual candidature, and based on relevant interest and experience.
Each standing committee had a bureau composed of a President and five Vice-Presidents - one from each of the six geopolitical groups. For each titular member of the Bureau there is also a substitute member representing the same geopolitical group. The bureau meets at every Assembly and performs a number of statutory tasks.
In conformity with Rule 7.2 of the Rules of Standing Committees, officers of the Committee would be elected or re-elected at the first annual session of the Assembly by an absolute majority of the votes cast.
The attention of the meeting was also drawn to proposed rule changes for standing committees where, in order to ensure a fair distribution of posts among members of the IPU, a member could not hold a post in the same body for more than four years even if he or she had held different positions.
It was agreed that the Group's secretariat would draw up a roster indicating which sub regional groups had held positions in the past. The principle of rotation between the sub regional groups would be applied when deciding which candidates to put forward on behalf of the Africa Geopolitical Group.
Mrs L Changwe from Zambia was nominated by acclamation as titular vice-president for the Africa Group on the Second Standing Committee on Sustainable Development, Finance and Trade.
The Secretary-General of the IPU, Mr Anders Johnsson, briefed the Group on the "Consolidation of the reform of the IPU" and "The draft convention on the IPU". He informed the meeting that the IPU does not conform to traditional legal doctrine according to which the term international organization was defined as those created by multilateral treaties. Although the IPU had a legal personality that allowed it to act in the international arena it was not based on an international convention. It was proposed that by inviting states to conclude an international convention that had the effect of conferring the formal legal status of an international organization, the IPU would "recreate" itself. In short, concluding an international agreement would demonstrate states commitment to work together - through their parliaments - to promote democracy at the national and international level. It would also give political and diplomatic support to the IPU and would strengthen its ability to promote democracy as well as place the IPU on an equal footing with other international organizations.
Practical benefits to the IPU of such a move would be that a convention would spell out the privileges and immunities of delegates attending IPU meetings. These privileges could also be extended to officials working for the IPU. Furthermore, as the IPU was not an international organizations its officials are subject to double taxation this is currently offset by the IPU through revenues received from members.
The PU had a unique mandate and expertise in the promotion of democracy and rule of law both at national and international level.
The IPU was increasingly working at country level in close cooperation with states represented by governments therefore the legal basis will confer on the IPU the authority to fully engage with governments.
The IPU had extended its democracy activities to the international level and started to promote the participation of parliaments in international affairs. The participation of the IPU at this level would fill this current gap.
The IPU's vision was to work as the global parliamentary counterpart to the United Nations. This depends largely on the IPU becoming a fully-fledged international organization.
The proposed treaty would therefore give the IPU the power to enter into a binding relationship agreement with defined roles and responsibilities with the UN. This would also increase the level of influence that the IPU would have on the UN and other international bodies as it would be on the same level as recognised international organization. The IPU would have the authority to represent parliaments at the global level to democritise international participation by providing a parliamentary dimension to international discussions and decisions.
Speaker Sisulu stated that the discussions on the establishment of the treaty should be used as an opportunity to discuss the reform / transformation of the IPU. The re-creation of the IPU into an international organization should be preceded by a discussion on the transformation / reform of the IPU to ensure that the treaty provided for what member parliaments intend the re-created IPU to look like. In addition, it would be useful to locate the debate on the reform of the IPU within the broader debate of the reform of the United Nations. He enquired whether the project was bound by any time frames and whether the governance structures of the IPU would need to be adjusted because of this initiative. He added that individual parliaments would need to consider the proposal by commencing their initial discussions on the matter.
The meeting agreed that the Group's members on the Executive Committee and the representatives from each sub region would work together to look at the proposal further. Speaker Sisulu would form part of this group on behalf of the Southern Africa sub region.
The First Standing Committee met on Sunday, 28 March and continued on Tuesday, 30 March. Adv Madasa and Ms Kohler-Barnard represented South Africa in the meeting. The committee considered the report and draft resolution on "Cooperation and shared responsibility in the global fight against organized crime, in particular drug trafficking, illegal arms sales, human trafficking and cross border terrorism" presented by Ms M Ortuno (Mexico) and Mr A Wiriyachai (Thailand). This was followed by a debate.
In her input to the debate Ms Kohler-Barnard stated that the 2010 Soccer World Cup was imminent, and as such cross border-issues had become a priority for South Africa. The need to implement an integrated border management strategy was a priority. In November 2009 the South African government had stated that the South African National Defence Force would be redeployed to protect borders in order to prevent the transfer of stolen property, and mitigating the risk of a predicted spike in cross-border human trafficking during the 2010 World Cup. It was stated that South African borders currently allow for an easy exit for stolen goods, particularly cars, illegal drugs, illegal immigrants, and human trafficking. She stated that South Africa had recognised the problem and was addressing it in line with the awareness of the integral link between human trafficking, drug dissemination, money laundering, all under the umbrella of organized crime. As a result South Africa had realised that effective border security was critical to combat these crimes. The International Conference on Maritime Security held in South Africa had pointed out serious gaps in border security particularly along the coastline.
In his input Adv Madasa focussed on the issue of terrorism. He stated that South Africa had passed laws in respect to terrorism as required internationally and was sure that the World Cup would be a safe event. He further stated that terrorism was a radical response to political situations. Democrats across the world should work together and combat terrorism within the framework of the law. He concluded by stating that political problems required political solutions.
At the conclusion of the debate a drafting team was established to look at possible amendments to the resolution. On completion of the work of the drafting committee, the resolution, as amended, was adopted by acclamation.
Adv Madasa was re-elected as substitute vice-president for the Africa Group on the bureau of the committee. The current chairperson of the bureau was Mr T Boa (Côte dÎ Ivoire).
The Second Standing Committee met on Monday, 29 March and continued on Wednesday, 31 March. Ms Mncube and Prof Msimang represented the South African delegation at the meeting. The committee considered the report and draft resolution on "The role of parliaments in developing South-South and Triangular Cooperation with a view to accelerating achievement of the Millennium Development Goals" as presented by Ms F-X de Donnea (Belgium) and Mr G Lubinda (Zambia). This was followed by a debate.
In her input Ms Mncube stated that the strategic plan of the South African Department of International Relations and Cooperation for 2009-2012 outlined South-South Cooperation as one of its key strategic directives most significantly to enhance South Africa's developmental agenda. For South Africa, South - South cooperation was a key platform to pursue cooperation in the critical fields of science, technology and trade. It also provided for the strengthening of solidarity amongst the nations of the South and could be used as an avenue to form interdependent relationships which had the potential to address issues such as poverty, education, unemployment, health and the general development of the population.
The current framework of South-South Cooperation was in the spirit of the Marrakech Declaration. The declaration stated that no single country could reach its developmental objectives on its own. Cooperation was necessary. For South Africa cooperation was not just a mere choice for pursuing the country's strategic objectives, but an essential part of foreign policy, which sought cooperation with all members of the international community. According to the 2008 Accra Agenda for Action. South - South Cooperation should observe the principles of respect for sovereignty, non-interference in the internal affairs of other states, equality amongst developmental partners and respect for independence, cultural diversity, identity and local content. This was especially important in respect of Triangular Cooperation where the development partners were sometimes not of equal political and economic status. These principles would then come into play to ensure that while developmental objectives were met it was not with an element of coercion that could violate sovereignty. The Accra Agenda also impressed the importance of meeting responsibilities within a developmental partnership. The Accra Agenda remained a crucial element and guide to Triangular Cooperation in particular where developmental partners straddle the North / South divide.
In his input Prof Msimang stated that although South Africa endorsed the draft resolution it had identified a few gaps which were of concern, namely, human rights issues, the rule of law with particular reference to intellectual property rights and finally issues of global governance.
With regard to the human rights issues, South Africa firmly believed that promotion and protection of human rights such as human dignity and respect was critical to socio-economic development. It was argued that the promotion of universal respect for human rights should be a precondition for development. In terms of the rule of law it emphasised a similar and related concept, namely, protection and respect for property rights. Technology service providers would be uncomfortable in dealing with a country where the rule of law did not exist because of the danger that protection of their intellectual property rights would not be guaranteed and that the receiving country would benefit unfairly from their products. Finally, it was stated that the resolution failed to mention specific issues of global governance which might restrict and stifle advances in the development of South-South and Triangular relationships. To illustrate, Professor Msimang referred to non tariff barriers including standards and subsidies which serve to limit access to markets. He proposed the elimination of those trade barriers which hamper South-South and Triangular cooperation.
The current membership of the bureau was reconfirmed. Mr E Quenum of Benin, who had submitted his candidature himself, asked that his strong objection to the manner in which elections had been conducted by the Africa Geopolitical Group be noted. Ms Mncube requested an opportunity to set the record straight and informed the meeting that during the discussions in the Africa Geopolitical Group, Mr Quenum had withdrawn his candidature. In accordance with the rules pertaining to standing committees only candidatures received from geopolitical groups could be accepted. Ms Lucy Changwe's (Zambia) candidature as titular representative for the Africa Geopolitical Group was therefore approved by the standing committee.
The Third Standing Committee met on Sunday, 28 March and continued on Wednesday, 31 March. Ms Kubayi and Mr Ramatlakane represented South Africa at the meeting. The committee considered the report and draft resolutions on "Youth Participation in the Democratic Process" as presented by Ms M Lugaric (Croatia). This was followed by a debate.
In her remarks Ms Lugaric noted that she had been the sole rapporteur on this topic and that this had led to, in her opinion, certain omissions in the report and draft resolution. She stated that as the only rapporteur she had not had the advantage of an alternative perspective which would have been present had the appointed co-rapporteur participated in the process.
Ms Kubayi in her input commended the recommendation that each delegation should have at least one representative of the youth. She said that such an arrangement would compel countries which did not have young parliamentarians to start ensuring that young people were part of legislatures. She further stated that the participation of youth should not be limited to politics, but extended to economic development issues as well. Young people should take center stage in assisting countries to find solutions to the problems being faced across the world, for example, global warming or the attainment of the Millennium Development Goals.
South Africa had seen an increasing interest and participation of youth in politics and the current political term had seen an increase in the elected number of parliamentarians from the youth. The South African Parliament had passed legislation to establish a National Youth Development Agency. This agency was funded and supported by government and driven by young people. The agency was responsible for the mainstreaming of youth issues across all spheres of government. Among other things the agency ensured support for young people in education and skilling to ensure their participation in the economy of the country.
There was a need to ensure that the members of the IPU monitor and support the establishment of youth structures and that topics that affected youth globally were part of IPU discussions, for example, drug and alcohol abuse by young people and young people in conflict with the law. Furthermore, it was said that it was the youth who should take centre stage in policy formulation around the protection and promotion of human rights. Parliaments should pass legislation which would be beneficial to promoting the rights of the youth and lastly, youth ambassadors, nationally and internationally, should look at issues related to the youth.
At the conclusion of the debate a drafting team was established to look at possible amendments to the resolution. Ms Kubayi chaired the drafting committee on the resolution before the Third Standing Committee. On completion of the work of the drafting committee, the resolution, as amended, was adopted by acclamation.
The current membership of the bureau was reconfirmed. Mr O Kyei-Mesha-Bonsu (Ghana) was elected as titular vice-president for the Africa Group.
The subject item proposed by the bureau for the next report of the committee was "Providing a sound legislative framework for the prevention of electoral violence and ensuring the smooth transition of power." The proposal was voted upon as the United Arab Emirates proposed an alternative item namely "Achieving global cooperation for the implementation of international treaties and commitments of humanitarian treaties". The proposal of the bureau went through with a majority of the votes.
The delegation from Iran proposed that Ms Kubayi be the co-rapporteur for the subject. Zimbabwe also proposed a candidate, but withdrew in favor of Ms Kubayi's candidature. The final decision on the rapporteurs for the items before the standing committees would be put before the Assembly after it had been ascertained that an appropriate geopolitical and gender balance had been achieved.
A panel discussion on "The role of Parliament in fulfilling the Convention of the Rights of the Child" was held on Tuesday, 30 March. Ms Shope-Sithole and Ms M Wenger attended the meeting. The panelists were Ms Mart Santos Pais, Special Representative of the United Nations Secretary-General on violence against children, Professor Vitit Muntarbhorn, former Special Rapporteur of the United Nations Secretary- General on the sale of children, child prostitution and pornography, Dr Syada Greiss, Member of Parliament for Egypt and Ms Nanu Adhikari, Youth Representative from Nepal. The moderator for the panel was Dr. Pusadee Tamthai, Member of Parliament, Thailand.
The panel discussion marked the twentieth anniversary of the Convention on the Rights of the Child (CRC). The convention was adopted by the United Nations in 1989 and came into force in 1990. The convention was the most comprehensive legal instrument for the protection of the rights of the child and was ratified more quickly and widely than any other human rights instrument. The panel discussed the convention's impact on the lives of children in the 20 years since its adoption and the critical role parliaments and their members can play through their law-making, budgeting enforcement and representative roles in order to ensure the full implementation of the convention.
A panel discussion on "Water: Protecting Our Oceans" was held on Tuesday, 30 March. The panel examined the state of the world's oceans. The question addressed was "Can parliaments take action to redress pollution, over-fishing, piracy and degradation of the marine environment" Ms Shope-Sithole and Ms Wenger attended the meeting. The panelists were Dr Wendy Watson-Wright, Executive Secretary, Inter-governmental Oceanographic Commission and Assistant Director-General of UNESCO, Mr Jerker Tamelander, Programme Manager, Oceans and Climate Change, Global Marine Programme, International Union for Conservation of Nature, Dr Cherdsak Virapat, Executive Director, International Ocean Institute and Professor Mario Ruivo, former Vice-Chairman, Intergovernmental Oceanographic Commission, UNESCO. The moderator for the discussion was Dr Perapun Phalusuk, Chairperson of the Working Group on Water, National Assembly of Thailand?
Ecological balance - overfishing and destructive fishing practices, reduced biodiversity, transfer of alien species.
Habitat change - climate change, rising sea level and coastal flooding.
Maritime security - including non-traditional threats, trafficking in weapons, piracy and armed robbery.
Ocean governance - the complex nature of the oceans and divergent sectoral interests demand coherent policies and measures that promote partnerships among stakeholders at international and national levels.
An open information session on "The role of parliamentarians in ensuring birth-registration for all" was held on Tuesday, 30 March. The session took place during the session of the Committee to Promote Respect for International Humanitarian Law. The issue of birth registration specifically as it related to the protection of asylum seekers, refugees, stateless and internally displaced persons.
The meeting was held on Wednesday, 31 March. Ms Shope-Sithole, Ms Kohler-Barnard and Ms Wenger attended the meeting. The moderator for the session was Mr Kagisa Molatlhegi (Botswana). The meeting took note of the resolution adopted unanimously by the 118th Assembly in Cape Town on "Parliamentary oversight of state policies on foreign aid". Since 2005 government has made major commitments to reform official development assistance and make aid work with better results on the ground. Within this context the role of parliaments was also being redefined and there was now a renewed emphasis on the responsibilities of parliaments and a move to strengthen their capacity in this regard.
The IPU had entered into partnerships with leading actors, such as the United Nations Development Programme (UNDP), to develop the capacity of members of parliament to fulfill their roles. The interactive meeting provided an overview of some of this work. It also aimed to give members of parliament an opportunity to hear concrete examples of how aid had worked in countries such as Zambia, Vietnam and Tanzania. The meeting also looked at the need for assessing information, connecting to people and building opportunities and tools for members of parliament to work on aid effectiveness.
The meeting was held on Wednesday, 31 March. Adv Madasa and Ms Kohler-Barnard attended the meeting. A presentation was made by Mr David Fisher, Coordinator of the International Disaster Response, laws, Rules and Principles Programme of the IFRC.
The meeting noted that recent events in Haiti and Chile had reminded the world how devastating natural disasters could be for society. Many states, however, had very few laws that enabled them to facilitate and oversee the external assistance they may some day require. Parliamentarians had a key role to play in bringing these issues to the fore before a crisis and in shaping legislation in this regard.
In 2007 those states aligned to the 1949 Geneva Convention unanimously adopted the Guidelines on the domestic facilitation and regulation of international disaster relief and initial recovery assistance (IDRL Guidelines) at the 30th International Conference of the Red Cross and Red Crescent. The meeting looked at the IDRL Guidelines and reviewed the progress made in using the guidelines in various areas of the world. Participants also assessed the need to develop model legislation to help countries internalise the IDRL Guidelines.
The Governing Council met on Sunday 28 March and continued on Thursday 1 April. Speaker Sisulu, Adv Madasa and Mr Rametlakane were the South African representatives on the Governing Council.
The summary records of the 185th session of the Governing Council were approved. The Secretary-General, Mr A Johnsson, delivered the annual report on the activities of the IPU for 2009.
Requests for reaffiliation from the Parliaments of Djibouti and Guinea-Bissau were approved. The request for affiliation from the Parliament of the Seychelles and the request for associate membership submitted by the Transitional Arab Parliament were also approved.
The President of the IPU, Dr T Gurirab, reported on his activities since the 185th session of the Governing Council and on the activities of the Executive Committee. He highlighted the ongoing work in preparation for the 3rd World Conference of Speakers of Parliament. He also indicated the efforts of the IPU to ensure that the people of Haiti received the necessary international assistance after the earthquake that struck the country. In addition, he expressed solidarity with the people of Chile after the earthquake that struck their country. Lastly, he expressed dismay at recent developments in Niger.
The meeting considered reports of recent specialised conferences and meetings, including, those of the World e-Parliament conference, the Parliamentary meeting on the occasion of United Nations Climate Change Conference held in Copenhagen and the Joint IPU-UN Parliamentary Hearing at the United Nations.
The Governing Council considered the report of the Auditors of the IPU's accounts for 2009.
An overview of activities carried out by the IPU to promote democracy was given. The request for parliaments to hold activities which would mark the International Day of Democracy, celebrated annually on 15 September, was highlighted.
The Governing Council examined the reports of the Meeting of Women Parliamentarians, the Committee on the Human Rights of Parliamentarians, the Committee on Middle East Questions, the Group of Facilitators for Cyprus, Committee to Promote Respect for International Humanitarian Law, the Gender Partnership Group and the Advisory Group on HIV/Aids.
The Council also received a report on the second meeting of the Preparatory Committee dealing with preparations for the 3rd World Conference of Speakers of Parliament.
The inaugural ceremony of the 122nd Assembly was held on Saturday, 27 March. The Assembly was opened in the presence of Her Royal Highness Princess Maha Chakira Sirindhorn.
The Assembly met on Sunday, 28 March, Wednesday, 31 March and Thursday, 1 April. Speaker Sisulu, Adv Madasa and Mr Rametlakane represented South Africa in the Assembly.
Mr Chai Chidchob, President of the National Assembly of Thailand, was elected as President of the 122nd Assembly by acclamation.
Introductory statements were made by Dr. Supachai Panitchpakdi, Secretary-General of UNCTAD and Mr Michel Sidibé, Executive Director of UNAIDS. During the address a statement was delivered by Mr Sidibé on restrictions on entry, stay and residence that 52 countries and territories enforced based only on positive HIV status. He commended the removal of restrictions on people living with HIV in the majority of countries, but stated that 46 Countries have criminal laws against HIV while 86 have punitive laws. He emphasized the need for HIV to be de-criminalised and barriers removed. Society should transform to accommodate people with HIV and remove punitive laws.
The Assembly proceeded to a general debate on the political, economic and social situation in the world with the overall theme of "Parliament at the heart of political reconciliation and good governance".
In his address Speaker Sisulu noted that parliament, as the primary institution responsible for the protection of human and civil rights, had a vital role to play in fostering national reconciliation. Recognition and respect for diversity while ensuring equal social and political inclusion in society was of utmost importance. The South African Constitution provided the political and legal structure that guaranteed and protected all human rights. This was coupled with an understanding that adherence to human rights, respect for the rule of law and democracy were interwoven and reinforced one another.
Parliament as the national forum for consideration of public issues should bear the responsibility of providing a platform for addressing concerns and issues of the public. A strong civil society which functioned in support of the democratic order could uphold democracy in diverse societies. The development of a democratic culture where the rights of all people were protected, discrimination eliminated and citizens actively exercised their civil rights should be the medium through which the formation of a national identity which upheld democratic principles and human rights was established.
He further emphasized that in addition to diversity along racial, cultural and religious lines our societies today also continue to face challenges in terms of the HIV/Aids pandemic, growing poverty, unemployment, climate change and gender equality. In regard to gender equality in particular it was noted that although the South African Parliament has close to 45% representation of women, it is nevertheless essential, in addressing a number of these issues, that this be further increased. Socio-economic factors, if not addressed, exacerbate tensions which in turn can diminish the gains made in achieving social cohesion, good governance and reconciliation.
He concluded by saying that ensuring good governance, accountability and the fostering of a civic identity, especially within a post conflict society such as South Africa's, was an ideal for which the South African parliament strove.
A special presentation on the nuclear security issue was received by the Assembly. Mr Harry Jenkins, Speaker of the Australian House of Representatives, Mr Antonio Rodrigues, Ambassador of the Phillipinnes to Thailand and Mr Tibor Tóth, Executive Secretary of the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organisation were the invited speakers. In his presentation Mr Tóth emphasised that the Comprehensive Nuclear-Test-Ban Treaty was one of the most effective measures that the international community could take to promote world peace and security. Although the treaty was not the answer to all questions it was a necessary pillar of a comprehensive nuclear non-proliferation and disarmament regime that was needed to address current and future challenges.
The Assembly then proceeded to an address by Dr Surin Pitsuwan, Secretary General of ASEAN. ASEAN started as a loose association of five countries, but by 2009 approximately 38 external organizations had appointed ambassadors to ASEAN. ASEAN pursued economic prosperity, but it also pursued the priorities of development and consolidation of democracy, the protection of human rights and the foundation of equitable and inclusive societies. ASEAN's charter, drafted in 2007, and ratified by each member state was founded on three pillars, namely, political development and security, economic prosperity and identity. It was ASEAN's goal to become a single market characterised by open regionalism as a path to mutual prosperity.
A "Follow-up session on Maternal Health and Child Survival" was held. Part of the discussion focused on initiatives taken by members of parliament to follow up on commitments made at the 118th Assembly in Cape Town on Millennium Development Goals (MDG) related to maternal health (MDG5) and child survival (MDG4). Special attention was given to the question of securing sufficient financing to achieve MDGs 4 and 5.
The event focused on what parliamentarians could do to promote and achieve Millennium Development Goals 4 and 5: reduction of child mortality and improvement of maternal health. Dr Flavia Bustreo, Director of the Partnership for Maternal, Newborn and Child Health (PMNCH) delivered the keynote address. This was followed by presentations on the national experiences of Australia, Zambia and Thailand.
The role of parliaments in strengthening the solidarity of the international community towards the people of Haiti and Chile in the wake of devastating major disasters, and urgent actions required in all disaster-prone countries to improve disaster-risk assessment, prevention and mitigation (submitted by Cuba, France, Thailand, Uganda, United Kingdom and Uruguay).
Israeli violations of the religious and cultural rights of the Palestinian people, in particular in and around Jerusalem, rejection of Israel's announcement to include the Haram al-Ibrahimi and Bilal Ibn Rabah Mosques, in addition to the walls of the old city of Jerusalem, in its list of national heritage sites, and the need to reverse all Israeli settlement activities, particularly in East Jerusalem (submitted by Palestine on behalf of the Arab Group and the Islamic Republic of Iran).
A roll call vote was conducted. The proposal submitted by Cuba, France, Thailand, Uganda, United Kingdom and Uruguay was accepted with the requisite two thirds majority.
Ms K Ferrier (Netherlands) presented the resolution on the emergency item "The role of parliaments in strengthening the solidarity of the international community towards the people of Haiti and Chile in the wake of devastating major disasters, and urgent actions required in all disaster-prone countries to improve disaster-risk assessment, prevention and mitigation". The resolution was agreed to by acclamation (attached as Annexure 1).
Mr J Seelam (India) presented the draft resolution of the First Standing Committee on "Cooperation and shared responsibility in the global fight against organized crime, in particular drug trafficking, illegal arms sales, human trafficking and cross border terrorism".
Ms S Tioulong (Cambodia) presented the draft resolution of the Second Standing Committee on "The role of parliaments in developing South-South and Triangular Cooperation with a view to accelerating achievement of the Millennium Development Goals". The resolution was agreed to by acclamation.
Ms. M. LugariÄ (Croatia) presented the draft resolution of the Third Standing Committee on "Youth participation in the democratic process".
First Standing Committee on Peace and International Security: Providing a sound legislative framework aimed at preventing electoral violence, improving election monitoring and ensuring the smooth transition of power (co-rapporteurs: Mr J Seelam (India) and Mr W Madzimure (Zimbabwe).
Second Standing Committee on Sustainable Development, Finance and Trade: The role of parliaments in ensuring sustainable development through the management of natural resources, agricultural production and demographic change (co-rapporteurs Mr A Cherrar (Algeria) and Ms K Ferrier (Netherlands).
Third Standing Committee on Democracy and Human Rights: Transparency and accountability in the funding of political parties and election campaigns (co-rapporteurs Ms M Kubayi (South Africa) and Mr A Destexhe (Belgium).
Appreciation was expressed to the Parliament of Thailand for the manner in which it had hosted the 122nd IPU Assembly.
The meeting was informed that the 123rd Assembly would be held in Geneva, Switzerland from 4 - 6 October 2010. The 124th Assembly would be held in Panama in April 2011.
It is recommended that the National Assembly and the National Council of Provinces give consideration to referring the resolutions adopted by the 122nd assembly to the following committees with a view to informing the next IPU Assembly of action taken by our Parliament to give effect to the recommendations contained in the resolution.
The Portfolio Committee on Police, the Select Committee on Security and Constitutional Development and the Joint Standing Committee on Defence to consider the resolution on "Cooperation and shared responsibility in the global fight against organized crime, in particular drug trafficking, illegal arms sales, human trafficking and cross-border terrorism".
The Portfolio Committee on Trade and Industry and the Select Committee on Trade and International Relations to consider the resolution on "The role of parliaments in developing South-South and Triangular Cooperation with a view to accelerating achievement of the Millennium Development Goals".
The Portfolio Committee on Women, Youth, Children and People with Disabilities and the Select Committee on Women, Children and People with Disabilities to consider the resolution on "Youth participation in the democratic process".
It is further recommended that the resolution on "The role of parliaments in strengthening the solidarity of the international community towards the people of Haiti and Chile in the wake of devastating major disasters, and urgent actions required in all disaster-prone countries to improve disaster-risk assessment, prevention and mitigation" should be referred, through the PGIR, to the Portfolio Committee on Cooperative Governance and Traditional Affairs and the Select Committee of Governance and Administration with a view to informing the next IPU Assembly of action taken by our Parliament to give effect to the recommendations contained in the resolution.
It is recommended that the National Assembly and the National Council of Provinces refer the subject items to the Parliamentary Group on International Relations (PGIR) for engagement with the relevant parliamentary committees. These committees should, through their interaction with the PGIR focus group on the IPU seek to engage with the subject items from the perspective of South Africa with a view to influencing the resolutions which will be adopted on these subject items during the 124th IPU Assembly in Panama.
It is recommended that the National Assembly and the National Council of Provinces refer the matter of the consolidation of the reform of the IPU and the proposed draft convention on the IPU (included as Annexure 4) to the PGIR focus group on the IPU for further consideration. The IPU focus group should consult with the focus group on the SADC-Parliamentary Forum with a view to developing a position on the proposal that could be taken forward at the next meeting of the SADC-Parliamentary Forum.
It is recommended that the programme committees of the National Assembly and the National Council of Provinces give consideration to scheduling a debate to commemorate the International Day of Democracy on 15 September.
Further considering that more than 200,000 lives were lost in the earthquake in Haiti, which caused damage and losses amounting to an estimated US$ 7.8 billion (US$ 4.3 billion in physical damage and US$ 3.
Also urges all parliaments to foster the strong political will and allocate the budget funds needed to develop a national legal framework designed to ensure synergy between disaster-risk reduction and climate change adaptation, and between disaster-risk reduction and poverty reduction and socio-economic development, so as to protect the best interests of those vulnerable to geological and climate-related disasters.
Fully affirms the strong determination and clear commitment of IPU Member Parliaments to strengthen and harmonize drug-related laws, regulations and additional measures, pursue strong regional cooperation to combat drug trafficking.
Invites parliamentarians to make use of the technical services and expertise provided by UNODC in specialized workshops and training courses, and to call on the United Nations General Assembly in cases related to crime prevention, international drug control and the fight against terrorism.
The delegation of Iran (Islamic Rep. of) expressed a reservation on operative paragraph 8 in relation to the concept of "gender equality".
Underscoring the importance of increased financing for development, including the need to meet the long-standing target of 0.
Noting that, although ODA from OECD-DAC countries (Organisation for Economic Development and Co-operation-Development Assistance Committee) rose by 10 per cent in real terms in 2008 (after an 8.
Urges parliaments to oversee implementation of the present resolution and government action to implement the recommendations of the United Nations High-level Committee on South-South Cooperation.
The delegation of Iran (Islamic Rep. of) expressed reservations on preambular paragraph 24 in relation to the concept of "gender equality".
Encourages the IPU to launch a project for youth to be implemented in partnership with the UN Programme on Youth, which is part of the UN Division for Social Policy and Development (DSPD), and the International Institute for Democracy and Electoral Assistance (IDEA).
The delegation of India expressed opposition to operative paragraph 14.
Independent Police Investigative Directorate Bill, 2010, submitted by the Minister of Police.
Civilian Secretariat of Police Bill, 2010, submitted by the Minister of Police.
Referred to the Portfolio Committee on Police and the Select Committee on Security and Constitutional Development.
Independent Police Investigative Directorate Bill [B 15 - 2010] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33357 of 5 July 2010.
Introduction and referral to the Portfolio Committee on Police of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Civilian Secretariat for Police Service Bill [B 16 - 2010] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33357 of 5 July 2010.
Report of the Auditor-General on an investigation into certain alleged procurement irregularities at the Department of Water Affairs [RP 120-2010].
Petition from Western Cape Province Land Restitution Claimants requesting Parliament to intervene in the land claims process, submitted in terms of Rule 312 (Ms A Steyn).
Referred to the Portfolio Committee on Rural Development and Land Reform for consideration and report.
South African Citizenship Amendment Bill, 2010, submitted by the Minister of Home Affairs.
Births and Deaths Registration Amendment Bill, 2010, submitted by the Minister of Home Affairs.
South African Citizenship Amendment Bill [B 17 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33356 of 5 July 2010.
Births and Deaths Registration Amendment Bill [B 18 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33356 of 5 July 2010.
Higher Education Laws Amendment Bill, 2010, submitted by the Minister of Higher Education and Training.
Referred to the Portfolio Committee on Higher Education and Training and the Select Committee on Education and Recreation.
Higher Education and Training Laws Amendment Bill, 2010, submitted by the Minister of Higher Education and Training.
Skills Development Levies Amendment Bill, 2010, submitted by the Minister of Higher Education and Training.
Geoscience Amendment Bill [B 12 - 2010] (National Assembly - sec 75).
A letter dated 10 June 2010 has been received from the Minister of Agriculture, Forestry and Fisheries, informing members of the National Assembly that in terms of the Perishable Products Export Control Act (No 9 of 1983), the following persons have been appointed to the Perishable Products Export Control Board with effect from 1 June 2010 for a period not exceeding three years: Dr C P R Cronjé, Ms T Engelbrecht, Mr D N Hamman, Mr M M Makhanya, Ms Z Mothoa, Mr H Pasha, Mr T Reddell, Mr D J van Zyl Smit, Mr L L Vorster and Mr H Pasha.
Referred to the Portfolio Committee on Agriculture, Forestry and Fisheries.
A letter dated 22 June 2010 has been received from the Minister of Agriculture, Forestry and Fisheries, informing members of the National Assembly that in terms of section 2(b) of the Liquor Products Act (No 60 of 1989), the following persons have been appointed to serve on the Wine and Spirit Board with effect from 1 June 2010 for a period not exceeding three years: Mr S Nkomo (chairperson), Mr A Adams, Mr M Damon, Dr R du Plessis, Mr S Epstein, Ms W Jonker, Mr A M Kruger, Ms N Kubheka, Mr B Maloa, Ms T Montwedi, Mr H Phasha, Mr A Serumula and Ms C Stevens.
A letter dated 30 June 2010 has been received from the President of the Republic, informing members of the National Assembly that the Cabinet requires more time for its intended review of the Executive Ethics Code, as recommended in Public Protector Report No 1 of 2010-11, and undertaking to provide the House with a further progress report following a Cabinet meeting on 21 July 2010.
Referred to the Portfolio Committee on Justice and Constitutional Development and Joint Committee on Ethics and Members' Interests.
Letters dated 2 June 2010 and 12 July 2010 have been received from the Minister of Finance, inviting the relevant parliamentary committees in terms of section 4(2) of the Land and Agricultural Development Bank Act (No 15 of 2002) to nominate, by no later than 30 August 2010, a candidate with a strong credit risk background for appointment to the board of the Land and Agricultural Development Bank.
Referred to the Standing Committee on Finance for consideration and to the Portfolio Committee on Agriculture, Forestry and Fisheries.
Proclamation No R. 25 published in Government Gazette No 33254 dated 28 May 2010: Commencement of the Judicial Service Commission Amendment Act, 2008 (Act No 20 of 2008).
Proclamation No R. 21 published in Government Gazette No 33190 dated 14 May 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal, in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Government Notice No 423 published in Government Gazette No 33208 dated 21 May 2010: Annexure of certain districts to other districts for the duration of the 2010 FIFA World Cup Tournament, in terms of the Magistrate's Courts Act, 1944 (Act No 32 of 1944).
Government Notice No 424 published in Government Gazette No 33209 dated 21 May 2010: Determination of maximum amount of fine, in terms of the Sheriffs Act, 1986 (Act No 90 of 1986).
Government Notice No 356 published in Government Gazette No 33164 dated 7 May 2010: Regulation on exhumation, reburial or symbolic burial of deceased victims, in terms of the Promotion of National Unity and Reconciliation Act, 1995 (Act No 34 of 1995).
Government Notice No R.198 published in Government Gazette No 33021 dated 19 March 2010: Notice in terms of section 31 of the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act No 70 of 2002): Postal Service Providers.
Government Notice No R.250 published in Government Gazette No 33067 dated 31 March 2010: Regulations relating to children's courts and international child abduction, in terms of the Children's Act, 2005 (Act No 38 of 2005): Postal Service Providers.
Government Notice No R.251 published in Government Gazette No 33067 dated 31 March 2010: Regulations relating to child justice, in terms of the Child Justice Act, 2008 (Act No 75 of 2008).
Government Notice No R.252 published in Government Gazette No 33067 dated 31 March 2010: Directives in terms of section 97(4) of the Child Justice Act, 2008 (Act No 75 of 2008).
Government Notice No R.273 published in Government Gazette No 33092 dated 1 April 2010: Determination of persons or category or class of persons competent to conduct the evaluation of criminal capacity of a child and the allowances and remuneration, in terms of the Child Justice Act, 2008 (Act No 75 of 2008).
Government Notice No 560 published in Government Gazette No 33309 dated 25 June 2010: Exemption in terms of section 74 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No 472 published in Government Gazette No 33241 dated 4 June 2010: Borrowing powers of water boards listed under Schedule 3 Part B of the Act, Public Finance Management Act, 2001 (Act No 38 of 2001).
Government Notice No 473 published in Government Gazette No 33241 dated 4 June 2010: Borrowing powers of water boards listed under Schedule 3 Part B of the Act, Public Finance Management Act, 2001 (Act No 38 of 2001).
Employment Equity Report of the Department of Home Affairs for 2008-2009, in terms of section 22(2) of the Employment Equity Act, 1998 (Act No 55 of 1998).
Reply from the Minister of Finance to recommendations in the Report of the Standing Committee on Finance on Budget Vote 9: National Treasury, as adopted by the House on 2 June 2010.
Referred to the Standing Committee on Finance.
Reply from the Minister of Water and Environmental Affairs to recommendations in the Report of the Portfolio Committee on Water and Environmental Affairs on Water Tariff Increases of Bulk Water Resources 2009-10, as adopted by the House on 18 March 2010.
Report on the SA Human Rights Commission (SAHRC) Investigation into Issues of Rule of Law, Justice and Impunity arising out of the 2008 Public Violence against Non-Nationals.
Transport Laws Repeal Bill, 2010, submitted by the Minister of Transport.
Referred to the Portfolio Committee on Transport and the Select Committee on Public Services.
Local Government: Municipal Systems Amendment Bill, 2010, submitted by the Minister for Cooperative Governance and Traditional Affairs.
Referred to the Portfolio Committee on Cooperative Governance and Traditional Affairs and the Select Committee on Cooperative Governance and Traditional Affairs.
Transport Laws Repeal Bill [B 19 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33328 of 2 July 2010.
Report to the Cedaw Committee by the Commission for Gender Equality on South Africa's implementation of Cedaw (Convention on the Elimination of All Forms of Discrimination against Women), 1998-2008.
In terms of section 84(2)(d) of the Constitution of the Republic of South Africa, 1996, read with Rule 7(1)(b) of the Joint Rules of Parliament, the President of the Republic of South Africa has called a joint sitting of the National Assembly and the National Council of Provinces on Wednesday, 18 August 2010 at 14:00, in order to debate the successful hosting of the 2010 FIFA World Cup.
Mr Ricardo Abrams, Director: Department of Home Affairs welcomed the committees and provided an overview of the programme for that day. It was suggested and agreed that the committees undertake a walk-about at the airport before the presentations. Because the delegation was huge, it was split into two groups. Group one was led by the Chairperson of Home Affairs (Hon Martins), and Group two was led by the Chairperson of Tourism (Hon Gumede).
The purpose of the visit was to check the state of readiness of the Cape Town International Airport in terms of processing visitors expected to arrive in South Africa between 11 June and 11 July 2010 for the FIFA World Cup.
Ensure that tourism challenges are addressed.
Check on the immigration infrastructure and state of preparedness of the Department of Home Affairs.
Focus on the challenges faced by tourism and the way in which services to tourism can be improved at the customs and passport control centre at the Cape Town International Airport.
Mr B.A Martins & Mr D.M Gumede (co-Leaders of the delegation); Ms. M.M Maunye; Ms. D.H Mathebe; Ms. P Petersen-Maduna; Ms X.C Makasi; Ms T.J Tshivhase and Mr B.
Mr. M. Mnqasela, Mr. Ms J.F Terblache and Mr. G.R Krumbock
MS. C.N Zikalala; Ms H.
Ms. M.
Mr. JJ McGluwa
Dr C.
During the walk-about, one of the immediate challenges observed was the limited signage for travellers. The central departure centre caters for both the domestic and international departures. The layout at the central departure centre is such that all the retail shops and South African Police (SAPS) are on the 3rd Floor. The security check points are centralised. There is a centralised emergency centre which is coordinated by police and the airlines. Decisions taken are shared with other airports throughout the country.
The partition between the domestic and international departures is movable. Depending on the volume of travellers, the partition can be moved to accommodate the volume of travellers. The processing time is approximately 30 minutes. The building was commissioned on 7 November 2009 and can process 3,500 travellers per hour. The evacuation time is 20 minutes. The airport had conducted a dry run.
The departure counters at the immigration centre have been repositioned.
Cape Town International Airport is the 2nd biggest and busiest with an average of 5 000 in/out bound passengers per day. Traffic through the airport reflects over 60 000 aircraft ferrying over 6.7 million passengers in 2005. By 2015, 14 million passengers are expected to pass through Cape Town International Airport.
The airport was named Africa's leading airport in the 2008 World Airport Awards, with OR Tambo International second, and Durban International third.
A R120 million international departure terminal, opened in 2003, is capable of processing up to 1 300 passengers in peak hours, or a million passengers a year - three times the capacity of the old terminal. It has a total area of 21 000 square metres, including 2 360 metres of retail space.
A new international arrivals terminal, opened in 2001, has the capacity to process 950 arriving passengers per hour. It is well lit and spacious, providing convenient, efficient service to international passengers.
The construction commenced in August 2006. The new central terminal building expansion was due to be complete and open in November 2009. The new multi-storey parkade is located near the international terminal. The massive road network upgrade is expected to be completed in March 2010. On completion, the total terminal will cover 110, 000 square metres and with a total project value at R1, 5 billion.
The new organisational structure of the Department of Home Affairs was approved in 2008. There were 56 immigrations officers, two chief immigration officers and two assistant directors were recruited in 2008. The approved posts are 142 and only 75 have been filled. The vacancy rate is high because some officials have resigned or were promoted. Two immigration officers were dismissed for fraud, with regards to amending sick leave periods and unauthorized leave. There are presently no corruption cases at the airport with regards to the Department of Home Affairs.
The passenger flow figures during 2009 is 505 704 arrivals for South Africans, 500 800 departures for South Africans and 217 292 arrivals for foreigners and 214 551 departures for foreigners. There are 14 international departure workstations and 18 international arrivals workstations.
The airport has a dedicated State Protocol Lounge for the duration of the 2010 FIFA World Cup event. There is also a Commercially Important Person (CIP) lounge for the clearance of the teams. Counters 16-18 have been dedicated to the FIFA accredited members.
The implementation of the Advanced Passenger Processing (APP) system started on 31 of August and 9 airlines have started using it. APP enables the Department of Home Affairs (DHA) to process travellers before they board flights to South Africa, identify inadmissible travellers and advise airlines on appropriate intervention. In cooperation with the airlines, DHA will reduce administrative overheads associated with the imposing of fines on airlines.
Movement Control System (MCS) Transit Pax functionality.
There is no Inspectorate presence at the airport.
The construction of the New Central Terminal Building commenced in August 2006. The project is valued at R1, 5 billion. In the domestic wing, there are 120 check-in desks and 10 CUSS machines. There are also 6 new arrivals carousels and 11 security screening points, in addition to 8 new air bridges and bussing gates.
Departures would take place on the upper level from Central Terminal Building and arrivals will take place on the ground level. There is a domestic air bridge for the first time.
Limited information available.
Continuous peak operations on match days.
General aviation volumes unknown.
Insufficient parking for aircrafts.
Land/air interface management.
Additional temporary aircraft parking stand will be created.
Additional temporary bus holding facilities will be created.
Temporary staff facilities.
Volunteer programmes with the City of Cape Town.
The National Intelligence Agency (NIA) indicated in their presentation that they do not have information on possible disruptions linked to foreign terror. All people assisting in the 2010 FIFA World Cup have been vetted and only two have been denied.
Corruption and documents integrity.
Security in all areas required constant focus.
Insufficient airside and cargo space.
Possible targeting of customs and immigration officials by syndicates.
Loitering and passengers targeting by criminals.
Limiting the impact of such incidents through contingency planning by a multi-agency integrated approach by all relevant role players.
The input indicates that the Venue Operational Centre (VOC) will be fully operational on a 24-hour basis at Cape Town International Airport and will be the centre of command at the airport. The activity will address the execution of the arrival and departures of spectators, VIPs, VVIPs, teams and travellers during the 2010 FIFA World Cup.
Land side bus for team/members of protocol transport.
Immigration Area: International Arrivals and Departures.
Customs Area: International Arrivals; Aircraft: baggage.
Aircraft: Passengers; Routes to and from the airport.
Cargo: International Departures Control.
Passport Control Centre.
South African Police Service (SAPS) Camera/Observation Rooms.
The plan is to ensure the safety and sterility of the zones, with other role players.
A new dog unit has been operating at the airport since December 2008. The dog unit currently uses two sniffer dogs and during the World Cup, an additional two sniffer dogs are expected to assist. The dog unit officials are mainly used doing primary inspections with the help of sniffer dogs at the baggage carousel.
The Department has 14 staff and is in need of 17 staff for the World Cup.
Communication breakdown between passengers and stakeholders.
The improvement of operational efficiencies at key ports of entry is critical for the hosting of a successful 2010 FIFA World Cup. The intended adherence to the target of 1.5 to 2 minutes processing time per traveller is not as yet realised.
Proposals for amendments to the current operational practices approved in March 2008. This included a new shift roster system and other structural adjustments to operations. These must be speeded up as the improvements would impact on air, sea, and land ports of entry in preparation for 2010.
The Law Enforcement Strategy needs to be synergised and provides a foundation for the implementation. The committees observed that the design in the immigration centre makes it difficult, if not impossible, for immigration officers to profile passengers as they come in.
Staff shortages and the inability to fill posts due to the restructuring process: The inability to appoint officials in acting posts hampers service delivery. The Department of Home Affairs admitted that the recruitment process is slow and impacts negatively on service delivery.
It has also been noted that the tourism signage was virtually non-existent in the transit area for transit passengers. This would be important to build the travel trades knowledge of South Africa as a leisure destination.
The committees also observed that there was no information desk at the international arrivals to assist tourists. For some of the tourists, this could be their first visit to South Africa. Effective guidance was necessary to highlight the country as a leisure destination with an array of activities. The first impression the country created should last longer.
The committees noted that the non-existent of Southern Africa Development Community (SADC) counter at the international arrivals is a concern. While it is argued that marketing efforts should focus on the African markets, the importance of domestic markets must be regarded as an anchor to the sustainable tourism development strategy for South Africa.
The committees were concerned that the State Protocol Lounge may not be able to accommodate high volumes of VIPs.
Committees observed the non-availability of billboards at the international arrival and departure to leverage brand awareness of South Africa.
The Department of Home Affairs fills posts that are vacant.
The Department of Tourism should be included in the Border Coordinating Committee (BCOCC).
All stakeholders should be included when construction takes place at the airport.
It was confirmed that Cape Town International Airport would be ready for 2010 FIFA World Cup. However, the Integrated Bus Transit (IBT) would not be fully operational and it is the responsibility of the City of Cape Town to ensure the readiness of the IBT.
The Standing Committee on Finance, having considered and examined the South African Reserve Bank Amendment Bill [B 10 - 2010] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendment.
The Portfolio Committee on Health has an oversight role over the Department of Health. The vision of the committee is to ensure an accessible, affordable, equitable, quality, effective and efficient health system for all the people of South Africa. It can no longer be business as usual when the people of South Africa do not have access to an effective and efficient health system.
There had been an infection outbreak at Charlotte Maxeke Johannesburg Academic Hospital which led to the deaths of 6 babies by 18 May 2010. The committee wanted to assess the situation and see whether there was a threat of the infection spreading to other hospitals and provinces. The committee also wanted to evaluate the strategies the hospital was using in handling the infection so that it does not spread further.
Dr MB Goqwana, Chairperson of the Committee (ANC), Ms E More (DA) and Ms V Majalamba (Committee Secretary).
Dr Daynia Balldt who was in charge of the neonatal ward briefed the committee about the events that led to the death of the 6 neonates at Charlotte Maxeke Johannesburg Academic Hospital. She informed the committee that the first baby had diarrhoea on Friday, 14 May 2010 but his condition then improved. Thirteen babies were sick on Saturday, 15 May 2010 and by Sunday the number had increased to seventeen. The 5 neonates died on Monday, 17 May 2010 and the sixth one died in the evening of Tuesday, 18 May 2010.
Dr Balldt stated that the babies were admitted to 3 different wards but were sick at the same time. They were then admitted to 1 ward. She told the committee that the hospital had never had an outbreak like that before and further indicated that the hospital was once rated a world class hospital. She stated that she was very concerned over the bad reports by the media. She indicated that staff has to be acknowledged for the good job they did during the outbreak instead of blaming them. She also admitted that there were challenges like overcrowding in the ward and staff shortages and that most of the staff did not want to work at the neonatal ward because of the heavy workload.
She mentioned that there were forty five neonates in the ward while the capacity of the ward was thirty five. She told the committee that there was no way they could have avoided overcrowding or they would have been in breach of the Constitution of South Africa which states that everybody has the right to access to health care services and because most of the neonates were born at the hospital there was no way they could have chased them away after birth. She also told the committee that they were faced with financial constraints but that they were doing their best with what they had.
Dr Balldt further informed the Committee that they had initially suspected that the outbreak and deaths were due to pre-Nan Feeds. The majority of the babies were premature varying from low to very low birth weights. The hospital then called the National Health Laboratory Services to conduct an investigation on what might have been the cause of the deaths of the babies.
Dr Balldt stated that on Sunday, 16 May 2010 Professor AG Duse who worked for the National Health Laboratory Services and the Wits University was called to assist with an outbreak of diarrhoea occurring predominantly in premature neonates in the neonatal wards numbers 177 and 184 at the Charlotte Maxeke Johannesburg Academy Hospital. There were seventeen neonates who were affected at that stage. Dr Balldt informed the committee that pre-term and particularly very low birth weight neonates are vulnerable to infections and complications, due to the fact that their immune system was immature.
Sixteen faecal samples were submitted for virology investigations and fifteen of these tested positive for Norovirus. She indicated that Noroviruses have been documented as causes of neonatal diarrhoea that can become complicated to more serious and potentially life-threatening conditions such as extensive inflammation and damage and death of cells in the gastrointestinal tract (necrotising enterocolitis). In premature neonates, severe inflammation of the gastrointestinal tract can lead to both resident and hospital-acquired gut bacteria migrating into the bloodstream causing severe sepsis and even death of the infant.
Dr Balldt stated that line-listing was done with all affected neonates. An audit with on-site infection prevention and control, training and education was carried out in wards 177 and 184. Nineteen empty, used milk-fed bottles with evidence of residual milk were collected and sent to the National Health Laboratory Services Infection Prevention and Control Laboratory for culture. She further stated that twelve of these bottles grew klebsiella pneumonia but they were still awaiting the antibiogram which would be available by Thursday, 20 May 2010. A further 6 grew a gram-negative bacillus morphologically resembling klebsiella but they were awaiting final confirmatory identification and antibiogram results. One bottle grew a gram-negative bacillus to be further identified.
Four reconstituted milk-fed bottles were collected and sent to the NHLS Infection Prevention and Control Laboratory for culture. One of these bottles grew a gram-negative bacillus morphologically resembling klebsiella but they were also awaiting the final confirmatory identification and antibiogram results which would be available by Thursday, 20 May 2010.
Thirteen rectal swabs and 4 stool samples were collected in duplicate (a total of 4 specimens) from symptomatic neonates for bacteriology and virology investigations. Of the seventeen sent for microbiology, fifteen grew a gram-negative vacillus morphologically resembling klebsiella but the hospital was still awaiting final confirmatory identification. Of the sixteen received by the National Institute for Communicable Disease (NICD) for virology, fifteen tested positive for the norovirus.
Faecal samples collected from the seventeen neonates that were sent for bacteriological investigation yielded a growth in fifteen of the seventeen samples of a bacterium called klebsiella pneumonia, 6 of which were highly resistant to antibiotics and called ESBL positive strains. Dr Balldt further mentioned that it is important to note that both drug sensitive strains of klebsiella pneumonia were present in the blood of at least 4 of the 8 neonates from whom blood cultures were collected suggesting possible migration (translocation) of gut organisms into the bloodstream. Eighteen used milk bottles were processed and in all of these klebsiella pneumonia was found, thirteen strains of which were highly drug-resistant.
Two patients discharged from the neonatal wards on Friday, 14 May 2010 were readmitted with diarrhoea to ward 285 where blood cultures were taken on 18 and 19 May 2010. One blood culture grew a drug-sensitive klebsiella and the other a bacterium that needed further identification. Furthermore, two blood cultures from 2 new babies were collected on 18 May 2010 and tested positive for bacteria growth (microbes needed to be identified further).
The norovirus may have been introduced from the community and it infected one or more neonates. It spread to all other babies due to lack of infection prevention and control practices.
Gastrointestinal damage caused by the norovirus might have led to migration of gut organisms like klebsiella pneumonia and other bacteria into the bloodstream and caused severe sepsis requiring the administration of antibiotics into the bloodstream.
Bacteria that were present in the gut can furthermore be spread by contaminated hands due to inadequate handwashing after diaper changes and in the course of healthcare delivery to other neonates and result in healthcare associated infections.
The bacterially contaminated used milk bottles could have also led to the introduction of dangerous bacteria into the very fragile gastrointestinal tract of the pre-term neonates with norovirus diarrhoea and could have caused complications such as necrotising enterocolitis.
Investigations conducted suggested that more than one (probably all four) of the above contributed to the outbreak.
The hospital believed that it was most likely that the virus was introduced into the neonatal ward by caregivers (mothers), siblings or healthcare personnel.
Education and training on proper infection control measures was done immediately for all ranks of staff in ward 177 and in the milk kitchen.
Continuous and unannounced inspections were being carried out.
All the babies from the neonatal ward were moved to the newly renovated ICU, with single cubicles while the ward was being disinfected and made safe for patient care again.
The milk kitchen was thoroughly cleaned and disinfected and renovations would be carried out before the end of that week.
Professor Duse from the National Health Laboratory Services (NHLS) will continue to monitor laboratory results.
Visits by parents were monitored and protective clothing were provided for them before they were allowed to see their babies.
All staff members working in the neonatal unit were being supplied with disposable surgical gowns and caps.
Counselling was arranged for the bereaved mothers.
The committee visited the prem-unit, where 6 neonates died. There were no neonates at the ward because all were removed to the newly renovated ICU after the outbreak. The committee observed that the infrastructure was very old. The CEO, Dr Barney Selebano informed the committee that the ward was going to be renovated, cleaned and de-germed.
The committee was informed that Carte Blanche donated money for the renovation of the unit. The purpose of the renovation was to extend the intensive care unit so that young and older children were not admitted to the same ward. The unit was where all the neonates were admitted from the prem-unit. The committee observed that the unit was very clean and had disposable gowns and gloves that were used by the staff and people visiting the unit. The committee further noted that all children were in single cubicles.
The committee was shown where the babies were delivered. There was a four bedded unit at the labour ward that was called the transitional unit for neonates. Babies were screened at the unit and if found sick they were referred to the ICU, otherwise they were referred to the prem-unit. The committee was informed that there were two nurses per shift.
The committee observed that the milk room was in a bad condition. The infrastructure was very old and bottle brushes were used that were very old and rusty.
The committee concluded its visit and noted that the hospital was short staffed. Another key finding was that the hospital was under funded hence they were still operating on a very old infrastructure.
Communities and children should be immunised and fully vaccinated especially towards winter season.
Community based education and preventative measures be scaled up especially on the basics like cleanliness and washing of hands.
Parents visiting neonates should be monitored at all times.
Counselling be arranged for staff members that were working at the neonatal ward when the incident happened.
Radical action be taken by the health sector to strengthen the quality of child care.
Milk rooms be moved to the neonatal ward or closer so as to enable health professions staff to be involved.
The issue of staff shortages and inadequate funding of the hospitals be dealt with as a matter of urgency by the National Department of Health.
The Department needs to strengthen and promote Primary Health Care.
Tertiary institutions be run and managed by the National Department of Health as one of the strategies to manage the referral system.
The Committee, as mandated by the Constitution and Rules of Parliament, undertook an oversight visit to the abovementioned provinces.
Monitor and evaluate the pace of agrarian reform in the provinces.
Assess the implementation and impact of government-funded farmer support programmes that are undertaken by the Department of Agriculture, Forestry and Fisheries such as the Comprehensive Agricultural Support Programme (CASP) and Micro Agricultural Financial Institutions of South Africa (MAFISA).
Facilitate cooperative governance and intergovernmental relations between the National and Provincial Departments of Agriculture, Forestry and Fisheries, as well as Local Governments.
The oversight delegation consisted of: Hon. M Johnson (ANC) - Committee Chairperson, Hon. Ms NM Twala (ANC) - Committee Whip, Hon. Mr S Abram (ANC), Hon. Ms MC Mabuza (ANC), Hon. Ms RE Nyalungu (ANC), Hon. Mr PJC Pretorius (DA) and Hon.
The Committee was supported by parliamentary staff consisting of Ms M Solomons - Committee Secretary, Ms N Mgxashe - Committee Researcher and Ms C Sheldon - Committee Assistant.
In the Eastern Cape, the Committee was joined by Members of the Eastern Cape Legislature's Standing Committee on Agriculture and Rural Development, officials from the Provincial Department of Agriculture and relevant Local Government officials.
In Kwazulu-Natal, the Committee was joined on oversight by Members of the Kwazulu-Natal Legislature's Standing Committee on Agriculture, Environmental Affairs and Rural Development, officials from the provincial MEC's office, the Local Government officials and officials of the Provincial Department of Agriculture, Environmental Affairs and Rural Development.
In both provinces, the Committee was also accompanied by the officials of the national Department of Agriculture, Forestry and Fisheries (DAFF) who were represented by Ms V Titi, the Deputy Director-General (DDG): Agriculture Support Services; Mr R Sebifelo, Parliamentary Liaison Officer and two officials from the national DAFF's Communication Directorate.
Hamburg is a coastal communal area of Ngqushwa Local Municipality (Peddie), which is under Amathole District Municipality. The Committee met with the community chaired by the Speaker of the Ngqushwa Local Municipality, Mr Xotyeni. The community ekes out a living from the coast, mostly through subsistence fishing of oysters and various other fish. Previously, the community also derived some income from the sale of abalone (also known as perlemoen). However, their abalone fishing permits which allowed each person to catch 3 abalones a day, have since 2004 expired, and were never renewed. The community had since then consulted the Marine and Coastal Management Division (MCM) of the then Department of Environmental Affairs and Tourism (DEAT) to get their permits renewed. Nothing came of those attempts - instead the DEAT promised to send marine scientists to check abalone stocks along the Hamburg coast line but to date, the community has not received feedback on such a study or a reason why their permits could not be renewed. The community reported that they witness commercial fishing boats poaching abalone on a daily basis, particularly after hours when environmental inspectors are not around. However, when the members of the community try to make a living from the coast through abalone fishing, they get arrested and given hefty fines which they cannot afford to pay.
With the recent proclamation that was signed by the Acting President, the Honourable Mr Kgalema Motlanthe, which transferred most of the MCM to the DAFF, the challenges faced by the community should be looked at together with similar cases in the country. For example, Hermanus in the Western Cape, where the DAFF is working on an abalone recovery plan.
The Committee should also look at how the number of abalone that the community can catch can be increased (total allowable catch) as the three-a-day permits which they previously had, was not cumulative and therefore, not reliable as a source of income.
The Committee should engage the provincial Departments of Agriculture and Rural Development and Local Government in looking at livelihood alternatives in the absence of abalone fishing permits. Formal correspondence should be drafted to the relevant department to engage further on the matter. The Committee, to also liaise with the relevant portfolio committees in parliament, to address the issue.
Ncera Farms (Pty) Ltd, is one of the entities of the DAFF situated in the Kidds Beach area near East London on state owned land measuring approximately 4 000 hectares. The entity is currently under a Board of Directors as Board members resigned in January 2009. In the absence of a Board, the then Minister of Agriculture and Land Affairs, Ms Xingwana, appointed Mr Andile Hawes, the DDG: Production and Resources Management, to be the 'caretaker' of the entity until a new Board is appointed. Mr Hawes was not part of the DAFF delegation during the Committee's visit. Ncera Farms (Pty) Ltd, is a public company listed under Schedule 3 B in terms of the Public Finance Management Act, 1999 (Act No. 1 of 1999). The DAFF is the sole shareholder. The complexity of the situation at Ncera saw the Committee delegation having two separate meetings: the first one being a briefing by the Chief Executive Officer (CEO) of Ncera Farms (Pty) Ltd., Mr A Stylianou and emerging farmers that were settled by the former Department of Land Affairs on state farmers that form part of the Ncera Farms (Pty) Ltd.
Meeting with Ncera Farms (Pty) Ltd.
The CEO, who resides at the Ncera Service Centre where the meeting was held, reported that the Centre is assisting emerging farmers and the surrounding rural communities through various services in the form of advice, extension services, training, technical assistance with equipment, etc. The farms that comprise Ncera Farms were previously commercial farms, which were later inhabited by 50-60 families of farm workers. The farm workers and other community members on these farms felt entitled to these farms, and were of the opinion that they will be settled on some of the farms after they were handed over to the former Ministry of Agriculture and Land Affairs.
However, in 2005, advertisements were placed in the local newspapers by the Department of Land Affairs (DLA) in Pretoria, advertising for applications from farmers who wish to lease the farms with the intention to purchase. The entire process was handled by the Pretoria office of the DLA and of the 700 applications they received, 40 applicants were shortlisted. Of the shortlisted, ten successful applicants received responses between May and June 2007 and were then settled on the farms with Permissions to Occupy. Permission to Occupy (PTOs) are valid for 12 months. One of the ten applicants is a member of the Ncera community and also an official of the Department of Rural Development and Land Reform. While he initially identified himself as one of the ten farmers, on correction from one of the farmers, he admitted that he soon vacated the farm after realising that no official documents were forthcoming from the DLA.
That left nine farmers who now call themselves the Ncera Progressive Farmers Cooperative. When the farmers first settled on the farms, they were promised 3-year leases by the end of the PTOs with the intention to purchase at the end of the lease. This according to the DDG, is the Department's policy on the disposal of state land. The process was delayed and their PTOs have since expired without them having acquired leases. Whilst settled on the farms, the farmers invested infrastructure and production capital on the farms, using their own funds, as loans were not granted to persons without legal entitlement to the land. These monies were invested with the understanding that they will receive rent-to-buy leases at a later stage. To date, the farmers have not received any official documentation from the former or current Ministry of Agriculture and Land Affairs or Agriculture, Forestry and Fisheries - neither renewed PTOs nor leases that give them some form of entitlement to the farms.
Despite the expiry of the PTOs, the farmers remained on the farms and continued to farm with the little they had, and it was alleged by the CEO that some of them had sold their homes to take occupation of the farms.
Residents from the surrounding communities and previous farm workers were not happy with the resettling of strangers on farms that they believed they were entitled to. They claimed that the process of allocation of farms was illegitimate and they subsequently invaded the farms.
The police could not assist the settled farmers regarding the invasions as they had no official documents that proved their rights to occupy the farms.
The DAFF is currently in the process of issuing the farmers new PTOs, which will later be converted to leases.
Alleged that she had read from minutes of a meeting that she did not attend, that one of the state farms, Rocklands Farm, was reserved for the settlement of the 50-60 families that formed the Ncera community.
The viability of the farms in terms of productivity, which would enable the farmers to eventually purchase the farms.
The PTOs, which are valid for twelve months, do not provide much assistance to farmers as they cannot secure loans from banks.
The legitimacy of the process of allocating the farms if after 3 years, they still have no official documents.
The extent to which these farmers were capacitated by the Department of Agriculture in order for them to be able to graduate from emerging farmers to commercial farmers.
Given the extent of the problems at Ncera, it looked as if the DAFF only made some effort to resolve the issue on hearing that the Committee was visiting the place. For example, if the PTOs were a simple matter as the DDG claimed, why did it take 3 years for the Department to issue those to the farmers?
The DDG to get the DAFF or their counterpart, the Department of Rural Development and Land Reform to investigate the community member who is also an official of the Department of Rural Development and Land Reform, who was attending the meeting, when he should have been at work. His involvement as a government official in the interests of the Department that he works for was seen as a conflict of interest.
DAFF to finalise the issuing of PTOs to the settled farmers as a matter of urgency.
The briefing meeting with the farmers and the CEO was followed by the all-inclusive meeting with the local community, including the aforementioned parties. There were imminent tensions and obvious divisions between the local community, the CEO, Mr Stylianou and the settled farmers. The meeting was characterised by tension-filled heated discussions and lots of finger pointing by the community to the CEO of the Ncera Farms (Pty) Ltd and the DDG and her Department.
The community reckoned that problems at Ncera have been going on for more than 10 years but were aggravated in 2007, by the settlement of farmers, all from outside the area except one, in the neighbouring farms that the community used for their livestock. The settled farmers do not even allow the local community to graze their livestock or use drinking points on these farms. The Department of Land Affairs had not informed the surrounding communities, which had previously had free access to these farms, about its plans. The community felt that people who were born and bred in the area and those who were previously farm workers on these farms while they were still operating commercially, should have been given first preference on these farms. They felt that the whole process was flawed and corrupt.
The community voiced their frustration at having government officials coming to them to make promises and then disappear without ever resolving the problem. Many people who have been at Ncera in the last 10 years included parliamentary committees, the former MEC of the EC provincial Department of Agriculture, who is now the Minister of Rural Development and Land Reform, Mr Nkwinti, who whilst MEC in the province, told them that the matter was for the National Department and the former Minister of the Department of Agriculture and Land Affairs, Ms Xingwana. The community said they had asked the then Minister, Ms Xingwana, for a forensic audit to be done on the Ncera Farms (Pty) Ltd to ascertain how much money was, and is being spent by government on the farm while the local community is not benefitting. They noted that they are yet to see the audit if it was ever done and have no confidence in Mr Hawes who is the 'caretaker' of Ncera (Pty) Ltd.
While the CEO and the DDG maintained that the Service Centre is used as a training and resource centre for the local and surrounding communities, the community contended that they had no access to it. The community claimed that the only people who are benefitting from the Centre are the CEO, his family and those that he likes. The community felt that with the 2 to 3 million rands Parliamentary Grant that Ncera Farms (Pty) Ltd receives, the Service Centre should be open to all instead of a select few who are nominated by the current management of Ncera Farms (Pty) Ltd. Furthermore, the community laid serious charges of corruption against the CEO of Ncera Farms (Pty) Ltd., Mr Stylianou, and all those involved in the setting up of the Centre, including some government officials who were involved in the settling of the farmers on the Ncera state farms.
In previous interactions with the national Department of Agriculture, it was resolved that a steering committee that would include members of the community would be established to investigate some of these issues. In addition, that a forensic audit would be commissioned to investigate the settling of the farmers. Though these resolutions were made, there has been no further follow up by the Department on these issues and they hardly see Mr Hawes, the Departmental 'caretaker' of Ncera (Pty) Ltd. The community felt slighted that their issues were not taken seriously. They also voiced their disappointment at the DDG regarding an issue of being resettled on Rocklands Farm, which she admitted is in the minutes that the community claimed to know nothing about as they never had a meeting with Departmental officials. They requested the DDG to send them a copy of those minutes from which she got the issue of their settlement at Rocklands Farm.
The community also reported on what they called a fraudulent eviction order that was served to one of the families that has always lived on one of the settled farms. They claimed the eviction order was written on a Ncera Farms (Pty) Ltd. letterhead but had a Magistrate Court stamp. The DDG clarified that one of the clauses of the PTO states that an occupier (s) cannot interfere with people that they have found on state property. In the light of all the allegations, the community insisted that Mr Stylianou should be removed from Ncera (Pty) Ltd. and be transferred elsewhere whilst a forensic audit that they have been requesting for the past 5 years, is undertaken.
Recognises the need for a forensic audit at Ncera Farms (Pty) Ltd.
The DAFF should submit a full report to the Committee on all the issues that were raised in both meetings and the progress on what the Department has done and is currently doing.
It the forensic audit was previously conducted, the DAFF must submit the report to the Portfolio Committee and the community, including follow up with the community on findings.
The Portfolio Committee to contact the community on its follow up on the issues by Tuesday, 9 February 2010.
In a late afternoon meeting at the offices of the Provincial Department of Agriculture in Bisho, the General Manager of the Eastern Cape Provincial Department, Mr S Masebeni, submitted apologies for the MEC for Agriculture and the Head of Department, who were both attending a provincial Cabinet meeting.
The Senior Manager: Projects, Mr Felix Hobson of the Provincial Department gave a presentation on the progress of the Comprehensive Agricultural Support Programme (CASP), while Mr Delport of the Eastern Cape Rural Finance Corporation made a presentation on the Micro Agricultural Financial Institutions of South Africa (MAFISA).
The Comprehensive Agricultural Support Programme (CASP) presentation was on provincial progress from April 2009 to the end of January 2010. The CASP makes funding provision to targeted beneficiaries of the land and agrarian reform programmes. These funds are conditional grants that are managed by the provincial Department to provide post-settlement support to farmers with infrastructure, production inputs, training and mentorship. The policy focus of the CASP in the Eastern Cape is food production; livestock development; resuscitation of irrigation schemes; the provision of agricultural infrastructure and training and capacity building.
The province has thus far only used 55% of the R120 million that was allocated for CASP in 2009/10, with only two months left into the end of the financial year. One of the officials assured Committee Members that by the end of March, the Department would have used up the remaining 45% even if it means them buying equipment (most probably fencing) and keeping it. It was apparent that despite the need for CASP funding in the Eastern Cape, the provincial Department is still struggling to effectively utilise CASP funds, beyond infrastructure provision, for example, fencing, poultry structures, dipping tanks, etc. and to some extent, training of extension officers. The province maintained that they needed a capital investment in agricultural infrastructure of R350 million of which it has only received R190 million, which leaves a deficit of R160 million. On numerous infrastructure projects they have planned, for most of them less then 50% of the targeted outputs, were achieved by the third quarter of the financial year. With the serious skills shortages in its Extension Services, the province has trained a total of 132 Department officials, 95 on technical skills and 38 on general skills through its Extension Recovery Plan. For farmer training and capacity building, a total of 412 beneficiaries were given accredited training on various farming programmes.
Socio-economic problems within communities.
Increasing input process for construction and production during the period between budget planning and the time that projects get implemented.
Insufficient capacity in agricultural engineering.
Lack of financial and project management capacity of developing contractors.
In addressing some of the challenges, the provincial Department intends to focus on proper planning of projects with the hope that this will improve project implementation. Furthermore, the Department intends to monitor district project implementation more closely to identify bottlenecks in time.
That the Department is planning and even admitted to fiscal dumping by using the remaining 45% in the CASP budget within two months on equipment. This was a serious concern considering that most of that equipment eventually gets stolen or vandalised.
The national Department of Agriculture, Forestry and Fisheries invested a significant amount of funds into the Extension Recovery Plan. However, given the size of the Province and the need for an effective and efficient extension service for, subsistence and emerging farmers, the Province has made little use of the available funds for improving the skills of its personnel.
The Eastern Cape is one of the provinces in which MAFISA was initially piloted in 2005 before it was rolled out nationally. The MAFISA programme in the Eastern Cape is administered by the Eastern Cape Rural Finance Corporation (commonly known as Uvimba), whose objective is to promote, support and facilitate rural development in the province through the mobilisation and provision of financial resources, and promoting and encouraging private sector investment in the Province. Uvimba was established in 1999 through the amalgamation of the Agricultural Bank of Transkei and the Ciskei Agricultural Bank as the two former homelands were incorporated into the Eastern Cape Province. Uvimba has branches in all six District Municipalities to ensure easier access of the credit facility to farming communities.
The provincial presentation was based on the MAFISA pilot phase from December 2005 to December 2007 and the current financial year. During the 2-year pilot phase, the provincial MAFISA programme has granted 728 loans to the tune of R47.6 million. The majority of the loans were for ostrich farming, broiler production, cotton farming and production inputs. The bulk of the loans in monetary terms were for ostrich and cotton farming. From June 2009 to January 2010, 128 loans were granted through MAFISA, amounting to R4.9 million. The majority of these loans are for production inputs and to some extent, broiler and livestock production. In the past year, from January to December 2009, R7 million was disbursed and R6.1 million was paid back to Uvimba.
Competition with grant providers such as local municipalities, Accelerated and Shared Growth Initiative for South Africa (AsgiSA) - Eastern Cape, NGOs such as LIMA to acquire production outputs.
Competition with the Department of Agriculture's grant programme such as Siyakhula/Siyazondla.
The availability of social grants affects the number of small scale farmers who apply for loans.
Since MAFISA is a government intervention scheme; some farmers still refuse to repay their loans, seeing it as grant money.
The in-house credit life scheme that limits the age of an applicant to be no older than 65 years. At the time of application, this disqualified many small scale farmers who are still interested in obtaining loans to address the issue of food security.
Inadequate means to mitigate risks related to natural hazards such as drought, floods, hailstorm, fires, etc.
Lack of understanding by beneficiaries of land reform programme. For example, they do not understand that the MAFISA loan application process is not necessarily linked to these programmes.
Reduction in Reserve Bank interest rates affects the competitiveness of MAFISA interest rates.
High default rate.
The provincial credit facility recommends the integration of their services with grant providers (like CASP) to mitigate risk and improve outreach, and for government to lower the threshold for collateral security to R10 000.
The Committee visited a NERPO affiliated Wildevrede Farm in Queenstown. The Managing Director (MD) of NERPO, Mr Aggrey Mahanjana, hosted the Committee and provided a briefing on the farm and the activities that are carried out on the farm. Wildevrede Farm was acquired by NERPO in June 2009 on a three year lease from the Department of Rural Development and Land Reform through the Proactive Land Acquisition Strategy (PLAS) programme. It is used as a training facility for youths interested in agriculture through NERPO's Development and Land Reform (DRDLR) who paid R6.8 million for the farm. NERPO leases it from the Department for R220 000 at 10% escalation per annum. The farm is 1 500 hectares in extent, and 65 hectares of this, is arable land.
The youth training programme lasts for one year with participants being exposed to every aspect of farming, including budgeting and financial planning. The agricultural activities on the farm are diversified to provide participants with greater exposure to the different kinds of farming. Operations on the farm include: extensive beef production, Boergoats, free range indigenous chickens, agronomic crops and vegetable production. The farm is currently run and managed by 23 resident students who are part of the Training Programme. It is the intention of NERPO that once its three year lease expires; the farm can be handed over to 5 nominated programme participants who have excelled during the course of their training. It is hoped that with assistance from the DRDLR, the 5 young farmers can eventually buy the farm.
Mr Mahanjana mentioned that they have tried as NERPO, to involve the provincial extension officers in student training, but realised that the extension officers themselves need more training as they could not even perform basic technical activities like soil analysis. He also alluded to their frustration as NERPO with the government's failing land reform programme. He believes that no acquired farm can be a success without a potential farmer's own reserves of capital, as most farms do not make any income within the first three years of inception. He believes that that is why most land reform projects fail because government places onto farms large numbers of people with no financial backing and technical skills. To this effect, Mr Mahanjana showed the Committee a neighbouring farm that is a classic example of failed land reform projects.
The farm, which was once one of the top maize producers in the country was bought by the then Department of Land Affairs and they placed in it a group of people from different communal villages throughout the Eastern Cape. The people had no commercial farming experience and did not receive any assistance from the Department. Ever since the farm was bought by Land Affairs and transferred to the people, it did not operate as a commercial farm but a resettlement communal village. After some in-fighting and struggling, some of the villagers left the farm and went back to where they came from. The few that are left on the run-down farm, which has now become like any other degraded communal village, are struggling to make ends meet.
That government should assist the five identified youth with technical and financial assistance once they take over the farm at the end of the 3-year NERPO lease.
That the DAFF, through the provincial Department, provides the Committee with a list and details of failed land reform farming projects in the province that are in similar situations to the farm that is neighbouring the NERPO's Wildevrede Farm in Queenstown. The Committee needs to undertake follow-up studies after receiving the relevant data from the respective national and provincial Departments.
The responsibility for the challenges faced on these farms falls within the ambit of the work of the Department of Rural Development and Land Affairs. It is therefore important that the Portfolio Committee liaises with the Portfolio Committee on Rural Development and Land Affairs so that the Department of Rural Development reports to both committees.
The Qamata Irrigation Scheme is one of the four schemes that falls under Intsika Yethu Local Municipality. The irrigation schemes were the initiative of the former Transkei government, and all currently require rehabilitation. The Scheme was designed for individual farmers, not communities or cooperatives, which are currently being promoted. The Qamata Irrigation Scheme, it is claimed, started falling apart with the exit of the then Transkei Agricultural Corporation (TRACOR), the Transkei government parastatal whose main objective was to give financial and technical services to small scale independent farmers. At Qamata, TRACOR was responsible for the day to day running and management of the Irrigation Scheme on behalf of the 1 500 farmers that were members of the scheme, in exchange for a number of bags from their produce. The farmers, some of whom are still members of the Scheme, do not have ownership entitlement to the land as it was allotments given to them by the former Transkei government.
The Scheme, which covers a land area of approximately 4 000 hectares is being revived through joint partnerships between the Provincial Department of Agriculture and Rural Development and the Intsika Yethu Local Municipality. In addition, other partners and stakeholders involved in the Scheme are: The National Development Agency (NDA); ASGISA-Eastern Cape; Provincial Department of Social Development; Chris Hani District Municipality and the former Department of Water Affairs and Forestry. Currently, 1 000 hectares of the scheme is under lucerne production, 500 hectares under maize production of which 350 hectares of independent farming takes place.
Inadequate infrastructure - the existing infrastructure at the scheme is said to be old and dilapidated, thus leading to water wastage.
Inadequate funding - farmers who have access to water do not plough their lands due to financial constraints.
Lack of maintenance.
Vandalism of the facilities and existing infrastructure.
Poor access to national roads limits market access.
The provincial Department of Agriculture and Rural Development, which received funding from National Treasury for the revitalisation of irrigation schemes is doing a survey of all irrigation schemes in the Province and only Ncora Irrigation Scheme has been completed.
Forming part of the run down infrastructure are houses that used to house extension officers in the former homeland of Transkei. The houses are said to belong to the Department of Public Works, and the provincial Department of Agriculture and Rural Development is negotiating with Public Works regarding their renovation. The intention is for the houses to accommodate extension staff that will be rendering technical assistance to the Scheme through the government-supported Rehabilitation of Irrigation Schemes Programme.
To address the issue of inadequate funding, an agreement was reached between the provincial Department of Agriculture and Rural Development, the Chris Hani District Municipality (under which Intsika Yethu Local Municipality falls) and the Scheme Committee of the 4 schemes that are under Intsika Yethu Local Municipality. They resolved that funds allocated to various irrigation schemes for each financial year would be consolidated to one irrigation scheme within a financial year. This ensures that although some schemes have to wait a few years for revitalisation, a more significant and substantial contribution is made. Through this arrangement, Shiloh Irrigation Scheme received R25 million in the 2009/10 financial year. In the current financial year, the allocation will go to Ncora Irrigation Scheme while Qamata Irrigation Scheme will get its allocation in the 2011/2012 financial year. The Committee commended the good intergovernmental relations between the provincial Department of Agriculture and Rural Development and the Local and District Municipalities, which will ensure that projects are well aligned with the latter's Integrated Development Plans (IDPs).
The Committee was joined by the Kwazulu-Natal (KZN) Legislature's Standing Committee on Agriculture, Environmental Affairs and Rural Development, Local Government, senior officials of the office of the MEC and the provincial Department of Agriculture, Environmental Affairs and Rural development and members of various cooperatives from the District. The provincial Manager for CASP, Mr Z Duze, presented to the Committee. The province did not have a presentation on Micro Agricultural Financial Institutions of South Africa (MAFISA) programme.
In Kwazulu-Natal, the focus of CASP has been on land reform beneficiaries, with identification and prioritisation of beneficiaries being done at the district level. By the end of January 2010, CASP expenditure in KZN was at 65% with projections to be at 98% by the end of March (end of financial year). The KZN provincial CASP, although it has failed to adequately and timeously spent its allocation, had varied projects on the different pillars of CASP. Despite the majority of projects being for infrastructure, given the focus on post-settlement support, CASP in KZN also provided a sizeable amount of funds to production inputs for sugarcane, livestock, poultry, grain and vegetables under irrigation; mentorship and training (840 farmers trained and 22 mentors placed in farms); as well as technical and advisory services. Through the Extension Recovery Plan, 482 extension personnel underwent training, the majority of whom did training in Information and Communication Technology (ICT). CASP in KZN also makes a financial contribution to food security, which is implemented by another Directorate within the provincial Department.
Lack of capacity at district level.
The lengthy procurement process.
Inflated prices by service providers.
Design of some projects which resulted in beneficiary conflicts.
The majority of commercial land reform projects being too complex for beneficiaries to operate.
To mitigate some of the CASP challenges, in July 2009, a Cabinet Lekgotla approved the establishment of an entity, the Agribusiness Development Agency (ADA), which will serve as an implementing arm of CASP on behalf of the provincial Department of Agriculture, Environmental Affairs and Rural Development. The ADA comprises MECs for the provincial Departments of Agriculture, Environmental Affairs and Rural Development (CASP funding on projects), Treasury (financial oversight), Economic Development and Tourism (capital requirements of the ADA) and Local Government and Traditional Affairs (linkages with municipal IDPs). The ADA is hoped to shorten the procurement process; provide linkages with the commercial sector to address sustainability; better coordination for efficient resource use and capacity building for farmers and the Department of Agriculture, Environmental Affairs and Rural Development. For the 2010/11 financial year, projects have been identified, consultative process in progress, and the commercial sector will play a role in implementing the projects.
That with 35% of its budget still remaining two months into the end of the financial year, the Committee is concerned that the Department will engage in fiscal dumping in order to ensure that its budget is spent.
The extent to which the plans of the Department are linked to the IDPs of the local municipalities, particularly those within which funded projects are based.
In respect of technical and extension services, the extent to which there is consultation and cooperation between the provincial Department and organised agriculture (for example, AgriSA in terms of their various commodity training chambers).
The National Department of Agriculture, Forestry and Fisheries invested a significant amount of funds into the Extension Recovery Plan - the impacts of which do not seem to be reflected within the Province.
That a new official to the provincial Department, not the HOD or CASP Manager, decided to respond to Committee questions on the presentations. Most of the responses on service delivery were vague.
Presentation by Invundo Agricultural Tertiary Cooperative Ltd.
Imvundo is a private company that seeks to provide an all-inclusive service to up and coming cooperatives in both crop and livestock production. Without an indication of what the organisation has achieved, the presentation was largely based on a proposal on how the organisation can solve the challenges of cooperatives, and why government should invest money in them to implement precision farming technology for cooperatives. Imvundo does not offer technical training but will identify a service provider to provide the training for the Cooperatives. One of the service providers with whom they are partnering is another private company, Agritech, which provides Precision Farming Training, and its proposed interventions were highly technical and very irrelevant, for example precision farming, to ordinary farmers, some of whom have no education background.
This cooperative, which is located on a 28-hectare site, was started in 1992, as a community-based organisation with financial and other assistance from the South African Breweries (SAB) and the University of Kwazulu-Natal. The cooperative started with 25 members and it currently has 12 (8 youths and 4 adults). Infrastructure was funded by SAB and fencing was provided by the Provincial Department of Agriculture. Primary production is mainly vegetables, cash crops and chicken production. The cooperative's market is the local community and supermarkets like SPAR, Boxer and Pick 'n Pay.
During the Committee's visit, the newly tended garden looked as if it was done the previous day or that morning, for the benefit of the Committee. Most of the yard was unkempt with ready to harvest cabbages and lettuce that were almost buried in weeds and some spoiling from rain. Except for the office building, most of the infrastructure was run down (poultry structures) while some looked as if they were never used. There was a borehole that was non-functional as the provincial Department of Agriculture, Environmental Affairs and Rural Development did not provide required pipelines.
Dilapidated infrastructure due to a lack of maintenance.
Lack of financial and technical support.
Lack of access to markets.
The cooperative was initiated in 1989 on 17 hectares of land. When cooperative members (all women) started out, the area was highly infested with thorn trees (Acacia karoo) and there was no water or infrastructure present in the area. The members physically cleared the area to start the project and are currently farming, primarily maize and chickens. The cooperative farm looked very impressive with beautiful maize fields at various stages of growth and harvest, as well as expansive poultry structures. The cooperative has won various awards including being the overall winner of the provincial Female Farmer of the Year Award and a runner-up in the national Female Farmer of the Year award. One of the members of the cooperative is Mrs Ellen kaNkosi Shandu, the former Minister of Education in KZN and a former Member of Parliament.
Prior to the arrival at the site, the Parliamentary and Legislative Members were given a report that had a current date and read like the project exists. One gets to the last page to learn that the Cooperative had collapsed. The report was also not well put together and seemed like a last minute cut and paste job from reports of the past three to four years. The Members wanted to know what has been happening in the interim. The Chief Operations Officer (COO) of the provincial Department, Mr C Boldogh, apologised on behalf of the Department for the misleading report which he was not aware of, as in his office, he had a recent detailed report including some previous audit reports. He promised to avail all the documents to Members.
Phezukomkhono Cooperative, which has since collapsed, was located on a 257 hectare farm. The farm, which formerly produced sugarcane, was repossessed by the Land Bank and was bought by the Department of Land Affairs for 88 (all women, except 2) members of the Phezukomkhono Cooperative through the Proactive Land Acquisition Strategy (PLAS). It used to be a model for mixed farming, producing various vegetables, including paprika and mushrooms, poultry, and fish farming (aquaculture). To date, there is not even a structure or fencing on the farm but ruins of what used to be aquaculture and broiler structures.
Different government departments and public enterprises invested financial, infrastructural and technical support to the Cooperative. These included the Departments of Agriculture and Environmental Affairs, Land Affairs; Economic Development; Local Government and Trade and Industry; Small Enterprise Development Agency (SEDA) and Eskom. It estimated that more than R40 million was invested in the now collapsed Cooperative, including the farm's purchase price of approximately R700 000. The provincial Department of Agriculture, Environmental Affairs and Rural Development acknowledged that no activity has taken place on the farm since 2005, and the land is still 'owned' by the Cooperative members. The provincial Department reported that it is still busy with one of the many audits that have been done on the Cooperative since 2006, and reported to be struggling to get hold of Cooperative members and required information from some of the stakeholders and investors.
That the Department that is responsible for the provision of services and support to the Cooperative does not know the whereabouts of Cooperative members. Although the farm has been abandoned, the initial members of the Cooperative are still liable for the mortgage and all levies and payments on the land and it should not be difficult to trace their whereabouts.
That it took so long for the Provincial Department of Agriculture, Environmental Affairs and Rural Development to pick up that there were problems within the cooperative.
Given the extent to which the cooperative was supported and the financial resources that went into it, particularly in respect of infrastructure, it is a concern that no audit on funds allocated to the project, exists.
The Department should make available to the Committee all documentation about Phezukomkhono Cooperative, including details of all stakeholders, partners and government officials who were responsible for the Cooperative.
The Department needs to finalise the audit of the Cooperative as soon as possible, and come up with a recovery plan to rectify the situation. The government cannot afford to waste resources on failing projects while they should be promoting food security.
The Committee advised the Department that they should desist from allocating one project to large cooperatives and groupings of people as under such circumstances, conflict is inevitable.
The Sikhululelike Agricultural Cooperative is an emerging farmer cooperative affiliated to the National African Farmers Union (NAFU). The Cooperative has 5 hectares that it has acquired from the local Mzimela Tribal Council. The Cooperative has no project in place, but its members plan to farm with vegetables and poultry to supply their local Pick n Pay and a large supplier to hospitals and prisons. However, for project implementation, the Cooperative currently faces serious funding constraints for infrastructure, including fencing and poultry structures and equipment, starter chicks, land preparation and production inputs. So far, the Cooperative has not been able to receive assistance from the provincial Department of Agriculture, Environmental Affairs and Rural Development.
In an evening meeting at the Protea Hotel Edward, hosted by the KZN provincial Department of Agriculture, Environmental Affairs and Rural Development, the two Committees undertook a review of the day's oversight visits. The provincial Department's COO, Mr Boldogh informed the Committee that he has one of the reports on Phezukomkono that he will hand over to the Members, while the Department will collate the rest of the reports.
The key issue that the Committees agreed on was the poor state of the extension services. It is apparent from the projects visited that there is a lack of farmer and cooperative support form the provincial Department. It was mentioned that approximately 55 farms that were supported by the Land Bank have collapsed in the country. The KZN provincial Department of Agriculture, Environmental Affairs and Rural Development has to date, received 32 farms (mostly sugarcane) that form part of the collapsed land reform farms in the province. The provincial Standing Committee estimated that approximately R300 million in KZN alone has been wasted on failed cooperatives and land reform projects, and the Standing Committee has been struggling to obtain reports on these projects as they are administered by different government departments and entities.
The KZN provincial Department of Agriculture, Environmental Affairs and Rural Development needs to undertake an investigation into what took place at the Phezukomkhono Cooperative Farm and produce a comprehensive audit report to both Committees.
All available reports, documents and files on Phezukomkhono Cooperative should be sent to the Portfolio Committee on Agriculture, Forestry and Fisheries.
Both Committees require a report that details the provincial Department's future plans on reviving the Phezukomkhono Cooperative.
Furthermore, the provincial Department needs to provide the two Committees with a detailed report of other projects and cooperatives that have or are about to collapse in the Province. These reports should include details as to whether these projects are state owned or privately owned, their location, details of members, stakeholders or service providers, current status, etc.
The national Department of Agriculture, Forestry and Fisheries should provide the Portfolio Committee with a similar detailed status report on all projects (countrywide) that have collapsed and those in the state of near collapse.
The DDG from the national Department of Agriculture, Forestry and Fisheries, Ms Titi, needs to follow up with the provincial Department on all the resolutions that pertain to the province.
The Portfolio Committee on Agriculture, Forestry and Fisheries noted with concern the role of extension services, which negatively impacted service delivery in both the Eastern Cape and Kwazulu-Natal. The poor state of government-funded projects and collapsing cooperatives attest to the failure of the provincial Departments that are responsible for Agriculture and Rural Development to deliver on their mandate. With the exception of Qamata Irrigation Scheme in Cofimvaba, there was a serious lack of cooperative governance, as mandated by Chapter 3 of the Constitution, and project integration in both provinces. This has led to wastage of financial resources without any positive results on the ground. The Portfolio Committee also noted with concern the apparent lack of monitoring and evaluation of projects by the provincial Departments, and of provincial spending and delivery progress by the national Department of Agriculture, Forestry and Fisheries, which dispenses the funding. Ncera Farms (Pty) Ltd in the Eastern Cape and Phezukomkhono Cooperative in Kwazulu-Natal are classic cases of poor or lack of monitoring and evaluation in the Department.
The Department of Agriculture, Forestry and Fisheries and the Department of Rural Development and Land Reform should jointly present to Parliament (Portfolio Committee overseeing the two Departments) their respective roles in assisting resource poor farmers and land reform beneficiaries; promoting rural development and agrarian reform; ensuring the country's food security; as well as the role of the extension service in fulfilling this mandate.
The Portfolio Committee could ask the Office of the Auditor-General to undertake a study on the Ncera Farms (Pty) Ltd in the Eastern Cape and Phezukomkhono Cooperative in Kwazulu-Natal.
Sectional Titles Schemes Management Bill, 2010, submitted by the Minister of Human Settlements.
Referred to the Portfolio Committee on Human Settlements and the Select Committee on Public Services.
Community Schemes Ombud Service Bill, 2010, submitted by the Minister of Human Settlements.
Sectional Titles Schemes Management Bill [B 20 - 2010] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33366 of 9 July 2010.
Introduction and referral to the Portfolio Committee on Human Settlements of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Community Schemes Ombud Service Bill [B 21 - 2010] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33366 of 9 July 2010.
Report of the Commission for Gender Equality on the 54th Session of the Commission on the Status of Women in New York, 1 to 12 March 2010.
Report of the Commission for Gender Equality on South Africa's compliance with the Beijing Declaration and Platform for Action.
Magistrates' Courts Amendment Bill, 2010, submitted by the Minister of Justice and Constitutional Development.
A letter dated 29 June 2010 has been received from the chairperson of the Human Rights Commission, Adv M L Mushwana, on the appointment of the HRC's fifth full-time commissioner and the number of commissioners.
Referred to the Portfolio Committee on Justice and Constitutional Development for consideration.
A letter dated 22 July 2010 has been received from Ms Rosieda Shabodien, a part-time member of the Commission on Gender Equality, submitting in terms of section 3(8) of the Commission on Gender Equality Act (No 39 of 1996) three month's written notice to Parliament of her resignation from the commission with effect from 1 August 2010.
Referred to the Portfolio Committee on Women, Youth, Children and People with Disabilities for consideration.
Request from the Public Protector in terms of section 2(5) of the Public Protector Act (No 23 of 1994) for the National Assembly to review and redetermine the remuneration and other terms and conditions of employment of the Deputy Public Protector.
Referred to the Portfolio Committee on Justice and Constitutional Development for consideration and report.
Local Government: Municipal Systems Amendment Bill [B 22 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33189 of 14 May 2010.
Introduction and referral to the Portfolio Committee on Cooperative Governance and Traditional Affairs of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Magistrates' Courts Amendment Bill [B 23 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33362 of 6 July 2010.
Introduction and referral to the Portfolio Committee on Justice and Constitutional Development of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Higher Education Laws Amendment Bill [B 24 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33393 of 19 July 2010.
Skills Development Levies Amendment Bill [B 25 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33393 of 19 July 2010.
Higher Education and Training Laws Amendment Bill [B 26 - 2010] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33393 of 19 July 2010.
Introduction and referral to the Portfolio Committee on Higher Education and Training of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
Report and Financial Statements of the Public Service Sector Education Training Authority (PSETA) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 83-2008].
Protocol amending the Convention between the Government of the Republic of South Africa and the Government of Ireland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains, with protocol, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the Protocol amending the double taxation Convention with protocol between the Government of the Republic of South Africa and the Government of Ireland.
Protocol amending the Convention between the Republic of South Africa and the Kingdom of Sweden for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the Protocol amending the double taxation Convention between the Government of the Republic of South Africa and the Kingdom of Sweden.
Proclamation No R.27 published in Government Gazette No 33279 dated 8 June 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of the Special Investigating Units and Special Tribunals Act , 1974 (Act No 74 of 1996).
Correction: The following two entries replaces items 2(b) and (c) published under Tablings in the name of the Minister of Finance in the Announcements, Tablings and Committee Reports of 16 July 2010, on page 2193.
Government Notice No 472 published in Government Gazette No 33241 dated 4 June 2010: Borrowing powers of water boards listed under Schedule 3 Part B of the Act, Public Finance Management Act, 2001 (Act No 1 of 1999).
Government Notice No 473 published in Government Gazette No 33241 dated 4 June 2010: Borrowing powers of water boards listed under Schedule 3 Part B of the Act, Public Finance Management Act, 2001 (Act No 1 of 1999).
The vacancy which occurred in the National Assembly owing to the resignation of Mr E Rasool with effect from 31 May 2010, had been filled with effect from 9 July 2010 by the nomination of Ms C C September.
The vacancy which occurred in the National Assembly owing to the resignation of Ms M M A Nyama with effect from 16 May 2010, had been filled with effect from 29 July 2010 by the nomination of Mr F T Maserumule.
The vacancy which occurred in the National Assembly owing to the resignation of Mr L N Mkhize with effect from 19 May 2010, had been filled with effect from 21 July 2010 by the nomination of Mr M A Cele.
The vacancy which occurred in the National Assembly owing to the resignation of Mr T J Bonhomme with effect from 19 May 2010, had been filled with effect from 21 July 2010 by the nomination of Mr E Magubane.
Government Notice No R.348 published in Government Gazette No 33152 dated 7 May 2010: Introduction of a compulsory specification for Compact Fluorescent Lamps (CFL's), in terms of the National Regulator Compulsory Specifications Act, 2008 (Act No 5 of 2008).
General Notice No 396 published in Government Gazette No 33197 dated 17 May 2010: Prohibition of the use of the Moses Mabhida Stadium and other stadiums intellectual property rights, in terms of the Merchandise Marks Act, 1941 (Act No 17 of 1941).
General Notice No 409 published in Government Gazette No 33203 dated 17 May 2010: Consumer Affairs Committee: Report on the investigation conducted by the committee: Report No. 125, in terms of the Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No 71 of 1988).
Government Notice No 443 published in Government Gazette No 33211 dated 28 May 2010: Amendment: Compulsory Specification for Replacement Brake Lining Assemblies for Road Vehicles, in terms of the National Regulator Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No R.425 published in Government Gazette No 33217 dated 24 May 2010: 2010 Soccer World Cup Liquor Regulations, in terms of the Liquor Act, 2003 (Act No 59 of 2003).
Government Notice No 493 published in Government Gazette No 33259 dated 3 June 2010: Effective date of the Probity and Information Sharing Register, in terms of the National Gambling Act, 2004 (Act No 7 of 2004).
Government Notice No 494 published in Government Gazette No 33260 dated 3 June 2010: Effective date of the National Register of Gambling Devices and Machines, in terms of the National Gambling Act, 2004 (Act No 7 of 2004).
Government Notice No R.504 published in Government Gazette No 33265 dated 11 June 2010: Proposed introduction of a regulation for the environmental sustainability of buildings, in terms of the National Building Regulations and Building Standards Act, 1977 (Act No 103 of 1977).
General Notice No 612 published in Government Gazette No 33309 dated 25 June 2010: Proposed prohibition on the use of certain words together with an emblem, in terms of the Merchandise Marks Act, 1941 (Act No 17 of 1941).
General Notice No 613 published in Government Gazette No 33309 dated 25 June 2010: Proposed prohibition on the use of certain words together with an emblem, in terms of the Merchandise Marks Act, 1941 (Act No 17 of 1941).
Report and Financial Statements of Eskom Holdings Limited (Eskom) for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
This serves to inform the National Assembly that I have extended the employment of One Thousand Two Hundred and Fifty Two (1252) members of the South African National Defence Force (SANDF), for service in fulfilment of the international obligations of the Republic of South Africa towards the United Nations (UN), for participation in the United Nations peace mission in the Democratic Republic of Congo.
This employment is authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996.
Members of the SANDF were employed for service in fulfilment of the international responsibilities of the Republic of South Africa towards the UN in the UN peace keeping mission in the DRC. The employment of these members expired on 31 March 2010.
The SANDF's mission in the DRC is not yet completed. The employment of 1252 SANDF members is now extended from 01 April 2010 until 31 March 2011.
I will communicate this report to members of the National Council of Provinces and the Joint Standing Committee on Defence and wish to request that you bring the contents hereof to the attention of the National Assembly.
This serves to inform the National Assembly that I have extended the employment of Eleven (11) South African National Defence Force (SANDF) personnel to the Democratic Republic of Congo (DRC), for a service in fulfilment of the international obligations of the Republic of South Africa towards the DRC to assist with capacity building of the DRC Defence Force by providing a Specialist Advisory Team.
Members of the SANDF were employed to assist the DRC Defence Force with capacity building. The employment of these members expired on 31 March 2010.
The SANDF's mission in the DRC is not yet completed. The employment of 11 SANDF members is now extended from 01 April 2010 until 31 March 2011.
I will communicate this report to members of the National Council of Provinces and the Joint Standing Committee on Defence, and wish to request that you bring the contents hereof to the attention of the National Council of Provinces.
The Portfolio Committee on Agriculture, Forestry and Fisheries, having considered the request for approval by Parliament of the Agreement on Requirements for Wine Labelling of the World Wine Trade Group (WWTG), which was tabled in terms of section 231(2) of the Constitution, 1996, recommends that the National Assembly approve the said Agreement.
The Portfolio Committee on Agriculture, Forestry and Fisheries, having considered the request for approval by Parliament of the Agreement on Mutual Acceptance of Oenological Practices by the World Wine Trade Group (WWTG), which was tabled in terms of section 231(2) of the Constitution, 1996, recommends that the National Assembly approve the said Agreement.
Strategic Plan of the Competition Tribunal for 2010 - 2015 (Revised July 2010).
Strategic Plan of the International Trade Administration Commission of South Africa (ITAC) for 2010 - 2013.
Medium Term Strategic Plan for the Khula Enterprise Finance (Ltd) for 2011 - 2013 and Business Plan 2010 - 2011.
Three Year Strategic Plan of the South African Micro-Finance Apex Fund (SAMAF) for 2010 - 2013.
Deeds Registries Amendment Bill [B 13 - 2010] (National Assembly - sec 75).
Sectional Titles Amendment Bill [B 14 - 2010] (National Assembly - sec 75).
South African Citizenship Amendment Bill [B 17 - 2010] (National Assembly - sec 75).
Births and Deaths Registration Amendment Bill [B 18 - 2010] (National Assembly - sec 75).
Independent Police Investigative Directorate Bill [B 15 - 2010] (National Assembly - sec 76(1)).
Civilian Secretariat for Police Service Bill [B 16 - 2010] (National Assembly - sec 76(1)).
The following paper is referred to the Portfolio Committee on Labour for consideration and report.
Report and Financial Statements of the Public Service Sector Education Training Authority (PSETA) for 2008-09, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2008-09.
Government Notice No 582 published in Government Gazette 33285, dated 18 June 2010: Draft regulations in terms section 71A of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000), published for public comment, on the participation of municipal staff members as candidates in national, provincial and local elections.
Agreement between the Government of the Republic of South Africa and the Government of the Republic of Uganda regarding Cooperation and Mutual Assistance between their Customs Administrations, tabled in terms of section 231(3) of the Constitution of the Republic of South Africa, 1996.
Explanatory Memorandum to the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Uganda regarding Cooperation and Mutual Assistance between their Customs Administrations.
Government Notice No 560 published in Government Gazette No 33309, dated 25 June 2010: Exemption in terms of section 74 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No 472 published in Government Gazette No 33241, dated 4 June 2010: Adjustment to borrowing powers of a water board listed under Schedule 3, Part B, of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Government Notice No 473 published in Government Gazette No 33241, dated 4 June 2010: Adjustment to borrowing powers of a water board listed under Schedule 3, Part B, of the Public Finance Management Act, 1999 (Act No 1 of 1999).
Strategic Plan of the Small Enterprise Development Agency (SEDA) for 2010-11 to 2012-13.
Corporate Plan of the South African Bureau of Standards (SABS) for 2010-13.
Business Plan and Budget of the National Lotteries Board for 2010-11 to 2012.
Strategic Plan of the National Gambling Board (NGB) for 2010-13.
Strategic Plan of the National Metrology Institute of South Africa (NMISA) for 2010-13.
Strategic Plan of the National Credit Regulator (NCR) for 2010-11 to 2015.
Strategic Plan of the National Regulator for Compulsory Specifications (NRCS) for 2010-13.
Corporate Strategic Plan of the Estate Agency Affairs Board of South Africa for 2010-11 to 2012-13.
Strategic Plan of the National Consumer Tribunal for 2011-13.
Corporate Strategic Plan of the Export Credit Insurance Corporation of South Africa Limited for 2010-11 to 2012-13.
Strategic Plan of the South African National Accreditation System (SANAS) for 2010-11 to 2012-13.
Consolidated Strategic Plan of the National Empowerment Fund for 2010-11 to 2012-13 and Business Plan for 2010-11.
Report of the Auditor-General on an investigation into certain alleged procurement irregularities at the Department of Water Affairs [RP120-2010].
Proclamation No R.25 published in Government Gazette No 33254, dated 28 May 2010: Commencement of the Judicial Service Commission Amendment Act, 2008 (Act No 20 of 2008).
Proclamation No R.21 published in Government Gazette No 33190, dated 14 May 2010: Referral of matters to existing Special Investigating Unit and Special Tribunal in terms of section 2(1) of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).
Government Notice No 423 published in Government Gazette No 33208, dated 21 May 2010: Annexure of certain districts to other districts for the duration of the 2010 FIFA World Cup Tournament in terms of section 2(1)(e) of the Magistrates' Courts Act, 1944 (Act No 32 of 1944).
Government Notice No 424 published in Government Gazette No 33209, dated 21 May 2010: Determination of maximum amount of fine in terms of section 49(1)(b) of the Sheriffs Act, 1986 (Act No 90 of 1986).
Government Notice No 356 published in Government Gazette No 33164, dated 7 May 2010: Regulations on exhumation, reburial or symbolic burial of deceased victims in terms of section 27(2) of the Promotion of National Unity and Reconciliation Act, 1995 (Act No 34 of 1995).
Government Notice No R.198 published in Government Gazette No 33021, dated 19 March 2010: Notice in terms of section 31(1)(a) of the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 (Act No 70 of 2002), prescribing the forms of assistance for which postal service providers must be compensated.
Government Notice No R.250 published in Government Gazette No 33067, dated 31 March 2010: Regulations relating to children's courts and international child abduction in terms of section 280 of the Children's Act, 2005 (Act No 38 of 2005).
Government Notice No R.252 published in Government Gazette No 33067, dated 31 March 2010: Directives of the National Director of Public Prosecutions in terms of section 97(4) of the Child Justice Act, 2008 (Act No 75 of 2008).
Government Notice No R.273 published in Government Gazette No 33092, dated 1 April 2010: Determination of persons or category or class of persons competent to conduct the evaluation of the criminal capacity of a child and the allowances and remuneration of such persons in terms of section 97(3) of the Child Justice Act, 2008 (Act No 75 of 2008).
Report on the SA Human Rights Commission Investigation into Issues of Rule of Law, Justice and Impunity arising out of the 2008 Public Violence against Foreign Nationals.
Employment Equity Report of the Department of Home Affairs for 2008-09 in terms of section 22(2) of the Employment Equity Act, 1998 (Act No 55 of 1998).
Government Notice No R.251 published in Government Gazette No 33067, dated 31 March 2010: Regulations relating to child justice in terms of section 97 of the Child Justice Act, 2008 (Act No 75 of 2008).
Letter from the President of the Republic, dated 7 July 2010, to the Speaker of the National Assembly, informing members of the Assembly of the extension of the employment of the SA National Defence Force for service in fulfilment of the international obligations of the Republic of South Africa towards the Central African Republic.
Letter from the President of the Republic, dated 7 July 2010, to the Speaker of the National Assembly, informing members of the Assembly of the extension of the employment of the SA National Defence Force for service in fulfilment of the international obligations of the Republic of South Africa towards the Democratic Republic of Congo, viz to train the DRC Armed Forces' (FARDC) Rapid Reaction Force (RRF).
Report and Financial Statements of Transnet Limited for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
<fn>GOV-ZA.3515041En.2012-02-10.en.txt</fn>
debates the 2009 to 2010 Child Gauge Report released by the Children's Institute, which points to a rise in child mortality in South Africa since 1990; and comes up with solutions to reverse the negative trends articulated in this report.
further discusses the negative effect on the fauna caused by the polluted rivers running through it; and comes up with positive solutions.
That the House debates the appropriateness of the appointment of Mr Ebrahim Rasool as South Africa's ambassador to the United States of America.
less than 45% of the systems perform at acceptable standards; and the sector is in complete disrepair and on the verge of collapse.
acknowledges Archbishop Tutu's selfless contribution to the liberation of our country, South Africa, and his continental and international campaign for peace and justice; and wishes Emeritus Archbishop Desmond Mpilo Tutu well on his retirement and that his contribution to the liberation of South Africa will always be part of our history and will be narrated from generation to generation.
further believes that the choice of Jordaan is in recognition of South Africa's ability to host the biggest sporting event in history as well as Jordaan's sterling contribution to the success and stunning achievement that has made our nation proud; and congratulates Jordaan on his new appointment and wishes him well.
believes that Nana became a beacon of hope and inspired many artists and individuals in our country; and conveys its condolences to his family, friends and fellow musicians at this hour of great loss and assures them that the thoughts and prayers of its Members are with them.
May his soul rest in peace.
expresses concern that shortages of emergency medical staff at local clinics have not been addressed; and requests the Government to investigate the reasons for the shortage of emergency staff at clinics and to put measures in place to ensure that the suffering of victims in need of emergency medical care are not further prolonged by the lack of adequate medical care.
That the House, notwithstanding the resolution it adopted on 11 May 2010, resolves to extend the deadline by which the Ad Hoc Committee on Co-ordinated Oversight on Service Delivery under the Theme: "Working together to ensure the delivery of quality service to communities" has to report, to 24 August 2010.
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Deputy Speaker, hon Ministers and Deputy Ministers, hon Members of Parliament, firstly, I would like to express our appreciation to the millions of South African women who are participating in various initiatives and programmes across our country to mark our national Women's Month.
Women's Day is a day that highlights the courage of women in our country, past and present. It was on this day in 1956 when 20 000 women, carrying 100 000 petitions, marched to the Union Buildings, protesting against the inhuman act of having to carry passes in the urban areas.
These women delivered the petitions to the office of J G Strydom. Women throughout the country had put their names on these petitions, indicating their anger and frustration at having their freedom of movement restricted. Although Strydom was not at the Union Buildings to accept the petition, the women of South Africa sent a public message that they would not be intimidated and silenced by these unjust laws.
Since 1994, this day has been commemorated every year to recognise and recall the bravery of these women who risked arrest, detention, banning and forced exile to have their voices heard. This day in the calendar of our country, serves to remind all of us that we need to review the path we have travelled and find solutions to the challenges facing us now.
Our programme for this month seeks to reach women different social backgrounds across the different geographical localities. Various legislatures are convening Women's Parliaments to provide platforms for ordinary women to engage issues affecting them and voice their concerns and challenges. I had the honour of participating in one of these forums in Mpumalanga last week.
We have also met university students in the Eastern Cape during the past weekend to discuss issues of education and the critical role young women and men have to play in transforming the gender demographics of our economy through the careers they choose. We also gathered with women from various churches in East London and prayed together for a society free of all forms of abuse of women and girls.
It is really disturbing that even as we commemorate Women's Month, women continue to be attacked and raped. We have to do more to protect women and children from continuing incidents of gender-based violence. In this regard, we are going to continue with our efforts to raise awareness and seek to address sexist stereotypes and attitudes that undermine the rights, dignity and wellbeing of women.
To mark the national Women's Day on Monday, we mobilised 30 000 women who gathered at Absa Stadium in East London to celebrate this day. We received a visionary address by the President of our country, hon President Jacob Zuma.
We are taking an approach that enables us to reach out to women in rural and urban areas; women who are employed and those who are unemployed; and women who are economically empowered and those who live in poverty. We are doing this because we seek to address the various limitations of patriarchy which negatively affect these women's lives and limit their development and success.
Our country can now show many gains and achievements in promoting women's rights and advancing gender equality. Under the leadership of the ANC, we are striving to ensure that the whole of our society accepts the principle of 50-50 gender parity. In the near future, we will be approaching this House for support and enactment of the Gender Equality Bill which is being developed by the Ministry for Women, Children and Persons with Disabilities.
We acknowledge that many challenges still persist and we need to work together to overcome them if we are to achieve our dream of a truly democratic and nonsexist state. The key issues that inform our programme for the Women's Month include intensification of poverty eradication, rural development, economic empowerment of women and an effective response to the major challenge of violence against women and girls.
Today I would also like to talk about the empowerment of women in the information and communication technologies, ICT, sector - an area which we tend to overlook quite often - and, in the process, link it to the educational and economic opportunities for the empowerment of women. We need to more strongly encourage girls to enter this previously male-dominated field of study, that is telecommunications and the world of technology in general. We must also encourage more young women to begin to enter this area at the tertiary level of education.
We do have legislation on ICT, which is encouraging in this regard. Section 5(9)(b) of the Electronic Communications Act stipulates that the Authority must, in granting a licence for provision of electronic communications network services, broadcasting services and electronic communications services, promote the empowerment of historically disadvantaged persons, including women.
Furthermore, section 6(8)(a) of the Broadcasting Act of 1999 stipulates that the corporation must develop a code of practice that ensures that the services and personnel comply with the constitutional principle of equality. It further says that the public service provided by the corporation must strive to offer a broad range of services targeting, particularly women.
The empowerment of women in terms of the Independent Communications Authority of South Africa Act states that the authority may make regulations on empowerment requirements in terms of the Broad-Based Black Economic Empowerment Act 2003. Broad-based black economic empowerment, in terms of this Act, means the economic empowerment of all black people, including women, through many diverse but integrated socioeconomic strategies that include increasing the number of black people that manage, own and control enterprises and productive assets, amongst others.
Overall, the country has developed an ICT charter for the empowerment of women. I urge for the full implementation of this charter and all applicable pieces of legislation so that young women can be encouraged to enter this particular field. At the same time, I urge that women are provided with increasing opportunities to utilise the ICT sector towards their economic empowerment. I have just concentrated on this one aspect in the interest of time.
"Freedom cannot be achieved unless women have been emancipated from all forms of oppression."
In line with the theme for Women's Month this year, let us work together for equal opportunities and progress for all women.
Forward to a decade of the African woman, forward!
HON MEMBERS: Forward!
Wathint' abafazi! [You strike women!
HON MEMBERS: Wathint' imbokodo! [You strike a rock!
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: I thank you. [Applause.
The DEPUTY SPEAKER: Hon members, we are having a very important debate. However, there are members who are even violating the code of members in the House. They stand in gangways talking, to the extent that one can hear them while there is somebody on the platform. I didn't call the House to order because there are students seated up there, who have come to grace us with their presence. It becomes very foolish to start saying that members of this respectable House must have order. [Interjections.
I won't respond to that. I really won't respond to that. The fact that I am looking in that direction is maybe because I saw people standing in the gangway in that direction, more than the other direction. [Interjections.] So you don't have to respond. [Interjections.
Mrs D ROBINSON: Hon Deputy Speaker, hon Ministers and members, throughout the ages women have had to fight for recognition as individuals and the right to make their own choices. I think of someone like Florence Nightingale who defied convention and revolutionised nursing during the Crimean War, of Emily Hobhouse who left a life of prosperity in England to come and work in the concentration camps during the Anglo-Boer War in South Africa to assist the woman and children who were living in appalling conditions.
I think of the militant suffragettes in England who risked their lives to earn the right to vote. And then there was our own Helen Suzman who braved ridicule and insults and asked the difficult questions exposing the evils of apartheid. She stood her ground and fought for her principles and the human rights of people like Nelson Mandela and his fellow prisoners at Robben Island.
The national Woman's Day commemorates the 20 000 South African women who marched for justice on 9 August 1956. Fearlessly, they sang a song that has become a rallying cry: "Wathint' abafazi, wathint' imbokodo!" [You strike women, you strike a rock!] Women can be the rock on which a freer, safer and more prosperous South Africa is built. They just need the opportunities to be educated, to be given a descent health care, to make informed choices about their reproductive rights, to determine their own futures and those of their children.
Empowering women economically and giving them opportunity to be gainfully employed is key to social and economic progress. Their creativity, entrepreneurial skills and determination to provide for their families is a driving factor towards economic success and a better standard of living.
Remember that women comprise 52% of our population. How can South Africa prosper if more than half of the people are marginalised, oppressed and not economically productive If patriarchal attitudes continue, and ignorance prevails, economic growth and prosperity will be impossible?
However, it is interesting to note that, according to the MasterCard Worldwide Index of Women's Advancement, more women are being enrolled at universities. Their figures show that for every 100 men in the workplace there are 75 women. South Africa has many dynamic successful businesswomen, but their biggest issue is hitting the proverbial glass ceiling. However, we need to assist those grass-roots women who have their own informal businesses and projects by giving them necessary mentoring to grow their businesses, as Mrs Lillian Masebenza does so successfully through her Mhani Gingi Programme.
Mrs Masebenza is in the gallery with many of her student volunteers from Norway, and we thank them for their contribution. She provides tailor-made skills and social justice training. "Mhani Gingi" means industrious and caring women, those on whom our social stability and moral values lie. The lives of many rural women are still dominated by the need to fetch water and firewood; they eek out a meagre living.
In some areas, women are denied the right to own property and are regarded as mere chattels to be passed from one member of the family to another. So often, platitudes are mouthed about equality, but we need to make this a reality in every day.
Gender equality and women's empowerment are fundamental to the global mission of the United Nations to achieve equal rights and dignity for all. But equality for women and girls is also an economic and social imperative. Until women and girls are liberated from poverty and injustice, all our goals - peace, security, sustainable development - stand in jeopardy.
Education and training are vital for women and for future generations in order that women can be at the centre of restoring social and moral values, bringing back discipline and respect.
Hon Deputy Speaker, as leaders of our nation, may we all encourage all men to support this so that we work together for equal opportunities and progress for women, their families and our entire nation. Malibongwe igama lamakhosikazi! [Let the women's name be praised!
HON MEMBERS: Malibongwe! [Let it be praised!] [Applause.
Ms S P RWEXANA: Hon Deputy Speaker, Monday, 9 August 2010, marked 54 years of commemoration of the women's march to the Union Buildings. South African women from all walks of life walked to the Union Buildings to hand over a petition against pass laws. The march was a follow-up to the 1954 Women's Charter.
On both these occasions, women came from all walks of life, irrespective of race, colour, creed or political affiliation. Women then - as they still are today - were brought together by the same problems such as poverty, violence against women, gender parity and patriarchy, and so on. These problems are the ones that bring all women together.
Therefore it is very important to understand and acknowledge that 9 August brings all South African women together. We will only be able to fight for women's rights if we fight together as South African women. During the actions taken in 1954 and 1956, South African women came in unity to fight the same problems that we still face today. These are struggles that cannot be fought by one political party, but by the South African women at large.
The theme for this month is: Working together for equal opportunities and progress for all women. When we talk about 50-50 gender parity, Parliament should be the leading example. But, unfortunately, it is not. The reason for that is that not all political parties adhere to the 50-50 gender parity principle. It should start here. Women in Parliament should be working together to achieve 50-50 gender parity.
The struggle for women continues; it does not happen only when it suits you. Therefore, it is very important for us as women in Parliament to take on this fight and ensure that the 50-50 gender parity is legislated. As the saying goes: Charity begins at home.
As Cope we acknowledge the strides taken by the government to deal with these problems. We also acknowledge the steps taken by our government on gender mainstreaming and poverty reduction in line with the resolution of the Beijing Platform for Action taken 15 years ago. But, the problems facing women remain a major challenge. For instance, we are now in the sixteenth year of our democracy, but women are still the ones that are mostly hit by poverty in rural areas and informal settlements. Women-headed households are without employment and a basic salary. Now is the time for women issues to be prioritised in the government's agenda.
Recent statistics show that every six minutes a woman is raped or sexually abused. This indicates that, instead of decreasing, violence against women is actually increasing despite the government's efforts. The recent portfolio committee oversight visits to various provinces observed that, despite having the Domestic Violence Act (116 of 1998), the scourge remains a serious challenge. Therefore the above-mentioned Act needs to be reviewed.
Government programmes that are being implemented today are the same as the demands of the 1954 Women's Charter. Women like Lilian Ngoyi, Ray Alexander nabanye [and others] would be happy in their graves if, one day, poverty-stricken women, particularly those in rural areas, could be financially independent and have access to employment. They would be happy if a gendered approach to poverty reduction would concentrate on the economic development and empowerment of poor women.
Furthermore, Lilian Ngoyi and others would be happy if resource-generating opportunities that are easily accessible and conducive to a woman's needs are made available; indigenous women in rural areas are given access to the ownership of land; programmes that provide financial assistance and credit to women at accommodating interest rates and convenient terms of repayment are initiated so as to increase a woman's opportunity to engage in small business activities; programmes are implemented that provide education and employment training that build the capacity of women to become economically independent and thus enable them to alter situations of violence; and functional literacy programmes are initiated, as these are a crucial step in empowering women to take control of their own lives.
In conclusion, Madam Deputy Speaker, the Multiparty Women's Caucus and women from other political parties should work together to achieve the above. When a human being comes into existence, a woman breaks water. Water is an important component of life - we cannot live without water. Therefore, there is no life and future without a woman. I thank you. [Applause.
Ms C N Z ZIKALALA: Malibongwe! [Praise!
HON MEMBERS: Igama lamakhosikazi! [The name of women!
Ms C N Z ZIKALALA: Hon Deputy Speaker, the national Women's Day must always be the day upon which the women of South Africa - women who are the very rose petals of our society - are honoured and thanked for the untold selfless work and sacrifices that they have endured to make this great nation what it is today.
We in the IFP believe that women are truly, for the most part, the unsung heroines of our nation's history. The mothers, the carers, the wives, the daughters, the grandmothers, in addition to being, in some cases, breadwinners are, in most cases, contributors to household income. They are truly the most precious assets of any nation and, as such, should be treasured and accorded the respect they deserve.
Yet, unfortunately, the reality remains far from the ideal. Many women still live and raise families in abject poverty. They run households with no water, no sewerage systems and no electricity. These women, especially the sole breadwinners and the single-parent mothers, must be identified and assisted by the state in their fight to provide a better future for their children.
Women remain victims of domestic violence and abuse. The Domestic Violence Act has failed women due to its poor implementation. Lack of knowledge on the part of police officers when assisting women has also contributed in this regard. Women's groups around the country are also revealing how apathetic South Africans can be towards domestic violence within their communities. Neighbours, most often, just turn a blind eye to women who are abused by their partners, as they reason that that is none of their business.
This culture of quiet acceptance is wrong and must be changed. Children must be educated from early age as to what is acceptable behaviour in this regard. Our sons must be taught that real men don't abuse women.
Early pregnancy is another issue that must be addressed by the departments of education and social welfare. Teen pregnancy is not in any way a desirable state of affairs for a young woman who is still at school. Once again, we must educate our children so that situations like these are minimised as in most cases both the mother and the child suffer unnecessarily because of these. The mother has to leave school or get a substandard matric while the baby is born into an unsuitable environment.
Human trafficking and forced prostitution of women is yet another sign of a decaying global culture. We in South Africa must show the world that this is totally unacceptable in our country. I therefore urge the Minister of Police and the Minister of Justice and Constitutional Development to deal most resolutely with perpetrators of this heinous crime.
In conclusion, Deputy Speaker, I would like to say that we should respect a woman because you can feel her innocence in the form of a daughter; you can feel her dedication in the form of a wife; you can feel her divinity in the form of a mother; you can feel her blessing in the form of a grandmother. She is a woman, and she is life. Respect her! I thank you. [Applause.
Mrs W S NEWHOUDT-DRUCHEN: Hon Deputy Speaker, hon members in the House and invited guests, I would like to use this opportunity to add my voice and congratulate us women for hosting a successful Fifa World Cup.
As I prepared for this speech, I was thinking about two young deaf ladies who have just landed from Venezuela yesterday afternoon - an eight-year-old young girl and a young female leader. This girl-child had a once-in-a-lifetime opportunity to attend the World Federation of the Deaf children's Camp 2010. These two women were the only deaf people from Africa to attend this camp. For this young girl it was a once-in-a-lifetime opportunity to experience meeting other deaf children from around different parts of the world.
I look forward towards home and I think of millions of other young girls and young female adults who will never experience these kinds of opportunities. We, as Members of Parliament, are in a special position to use our contacts and our opportunity of meeting people in extraordinary positions to be able to give these kinds of opportunities for many other young women.
We can use our skills, our knowledge of Parliament and our constituency work to share our experiences so that other women can benefit and grow. We, as Members of Parliament, can also work in our constituencies with other role-players in civil societies - for example, the different NGOs - to bring on the development of women and young girls.
We have just celebrated August the 9th, our Women's Day commemoration throughout the country - a day in remembrance of women who have fought, marched and were imprisoned for the freedoms of all our women. And we also use this day to reflect on how today we can best advance the goals of working together for equal opportunities and progress for all women.
This year also marks the beginning of the decade of the African women, from 2010 to 2020, which has been adopted by the African Union, AU. Today, we continue to march forward with the theme: Working together for equal opportunities and progress for all women.
Women cannot be free, unless we are free of all discrimination against women. Women cannot be free, unless both men and women work together towards the emancipation of all women. The ANC's 51st National Conference reaffirms the important matter of focusing on the challenges of the eradication of gender oppression and discrimination. It directed us to design a comprehensive strategy on our programme to build a nonsexist society and provide for the integration of gender in all aspects of policies and programmes.
The ANC's commitment to eliminate racism, oppression and exploitation from our society cannot fail to address the question of the emancipation of women. The experience of other societies has shown that the emancipation of women is not a by-product of a struggle for democracy or national liberalisation or socialism. It has to be addressed in its own right within our organisation, the mass democratic movement and the society as a whole.
The majority of women who are black are the most oppressed section of our people, suffering under the yoke of oppression. The liberalisation of women is central to our people's struggle for freedom. The ANC Women's League and alliance partners proposed the formation of a Progressive Women's Movement, PWM, where the key objective was to promote the transformation of the South African society into a truly nonracial and nonsexist society.
PWM is a movement that is representative of progressive forces in our country; a movement that will stamp the issues that face women daily onto the agenda of every sphere of society in our country.
The aim of the PWM is clearly stated in its founding documents.
We, as South African women, declare our aim of striving for the removal of laws, regulations, conventions and customs that discriminate against us as women and deprive us in any way of our inherent right to the advantages, responsibilities and opportunities that society offers to any one section of the population.
And, ja [yes], I'm quoting from the Women's Charter adopted in 1954.
The PWM has six main objectives, but I only have time to highlight one, which I feel is linked to the theme: Working together for equal opportunities for all women. This objective is: To deepen democracy, so as to ensure we fight patriarchy.
Some of the institutions that we have seen and have been able to exist still maintain the culture, values and norms of a patriarchal society. The movement must enable us to fight these atrocities and demons of a patriarchal society in the family, church, government institutions and in the judiciary through all forms of struggle.
To be able to work on this one objective, we need to contribute to the extension of the larger movement for a global justice with women within and outside of the PWM, younger women, mainstream NGOs, national or social movements, the state, multinational institutions and international structures that are committed to women's issues.
The ANC has led efforts aimed at eradicating oppressive gender relations by entrenching the constitutional guarantees of the equality of women; abolishing legislation and policies that discriminate against women; establishing national gender machinery in government; and introducing policies and programmes targeting women and aimed at empowerment and poverty alleviation.
The nongovernmental sector has a role to play in the process of deepening democracy and people-centred development. Democratic forces need to continue to interact with the sector in joint programmes against poverty for social development and assist in strengthening its capacity.
On Women's Day our hon President said: "Everyone has a role to play to ensure that we reach our targets for the benefit of our country." So, hon members, let us continue to work for equal opportunities and the progress for all women in our society. I thank you. [Applause.
Mr J J MCGLUWA: Hon Deputy Speaker, on Monday, 9 August, I participated in three Women's Day events, where I joined government officials, NGOs and ordinary women in George, Mitchells Plain and Somerset West to celebrate Women's Day. The more I sat there, listening, the more I began to hear clearly some of the massive challenges faced by women in a male-dominated society.
If women are struggling like this today, imagine what it took for 20 000 women to face the might of the apartheid regime and march defiantly to the Union Buildings in Pretoria on 9 August 1956. I also began to share the view of hon Winnie Madikizela-Mandela that we do not just need large numbers of women; we need quality women who can improve the quality of life for all other women.
I also realised that Women's Day is as much about men as it is about women because, if men truly respected women as equals and worked with them to create equality in all spheres of our society, there would be no need for Women's Month. Patricia de Lille and thousands of other women's contribution towards the struggle against apartheid was no less significant than the contribution of their male counterparts. In fact, they contributed more because, after a day in the trenches, many of them still went home, fed and clothed their families. It is for this reason that all of us must embrace the continuing struggle for equality. I thank you. [Applause.
Mr S Z NTAPANE: Hon Deputy Speaker, hon members and all hon Ministers present in the House, today we celebrate Women's Day to honour the contribution that women made to the attainment of our democracy. In many ways, women bore the brunt of apartheid's cruelty and pettiness. In the aftermath of that repression, we not only decided to celebrate a national Women's Day, but also ensured that gender equality forms a central tenet of the new democratic Constitution.
So, today we can celebrate the advances in gender equality, but with a sense that there is still much more that needs to be done. Indeed, certain indicators are positive, such as the number of women who enrol for further education. However, across the spectrum of social, economic and safety issues, women continue to suffer disproportionately.
In social terms, there continues to be large numbers of women who have to fulfil multiple roles in poverty-stricken households. The burden of being the sole breadwinner and sole parent in the face of overwhelming poverty and little and or no basic services is a heavy one. We have to ask ourselves whether current government interventions, primarily by way of social grants, are having the desired outcome of helping these women.
The social factors overlap with the economic status of women. Those who are at a social advantage often find themselves at the economic disadvantage as well. We must acknowledge that one of the most important aspects to address these concerns in the long run is education. Education is the bridge that can span the gulf between socioeconomic suffering and prosperity. It is our duty to build that bridge, maintain it and help as many disadvantaged South Africans, women included, to cross over it to a better future.
Finally, allow me to emphasise the question of women and security. We live in a country with shocking high rates of abuse and violence against women. These crimes continue with sickening regularity. We - especially men in position of authority - must continuously commit ourselves to rooting out this evil; it is immoral and repressive. It makes a mockery of our attempts to build a society that is fairer and better than the one we had under apartheid. I thank you. [Applause.
Dr C P MULDER: Agb Adjunkspeaker, die afgelope week het ons weer Vrouedag in Suid-Afrika herdenk. Dit is 'n geleentheid wat ons het om stil te staan en te evalueer, nie net hoe ons gevorder het in die proses om vroue te bemagtig nie, maar ook om gelyke geleenthede en vooruitgang vir alle vroue te bevorder.
Dis ook natuurlik nie 'n nuwe onderwerp nie. Onlangs, op 9 Maart vanjaar, het ons in hierdie Huis 'n debat gehad oor Internasionale Vrouedag, en was die onderwerp, "Gelyke regte vir almal, gelyke geleenthede vir almal", feitlik identies aan vandag se onderwerp.
Die VF Plus is van mening dat daar die afgelope klompie jare groot vordering gemaak is om vroue nie net te bemagtig nie, maar ook om gelyke geleenthede daar te stel. Dit is goed en dit is reg. Die VF Plus sal alle maatreëls ondersteun om aan vroue gelyke geleenthede te gee. Die VF Plus besef terdeë welke belangrike rol die vrou speel en wil alle vroue daarvoor eer en respekteer, maar alles is ongelukkig nie net maanskyn en rose nie.
Die ANC wil, soos vandag, die indruk wek dat hulle aan die voorpunt is as dit kom by gelyke regte en gelyke geleenthede vir vroue. Die werklikheid in Suid-Afrika is dat daar gevra moet word of die gelyke geleenthede op kans en op vooruitgang vir vroue in Suid-Afrika vir alle vroue geld, en of daar onderskeid getref word tussen kleur en ras wat vroue betref.
In Suid-Afrika is daar 'n aanslag teen wit vroue en geniet hulle nie gelyke regte en veral gelyke geleenthede nie. Die Direkteur-generaal van Arbeid, mnr Jimmy Manyi, as president van die Black Management Forum, sê dat wit vroue uitgesluit moet word met die toepassing van regstellende aksie. Die Minister gaan netnou praat; hy kan daarop antwoord. Dit is mnr Jimmy Manyi se standpunt. Hier word dus blatant onderskeid getref op grond van ras. Wit vroue Nee?
Indien die ANC regering werklik bedoel dat daar gelyke geleenthede moet wees vir alle vroue, waarom moes kaptein Renata Barnard, 'n wit vrou, haar tot die hof wend om haar regmatige bevordering tot superintendent in die Polisie af te dwing Dit bewys dat die regering se beleid en toepassing van regstellende aksie inherent verkeerd en onwettig is, soos ons nog altyd geargumenteer het. Hoekom moet 'n wit vrou, naamlik kaptein Renata Barnard, vir vyf jaar 'n stryd voer om bevorder te word in die Polisie Sy voldoen aan al die vereistes, is al twee keer goedgekeur vir die pos, daar was geen ander swart geskikte kandidate vir die pos nie, maar die Polisie weier om haar te bevorder?
As die ANC lede wat vandag hier sit sê dat hulle die beleid van gelyke regte en gelyke geleenthede vir alle vroue ondersteun, dan behoort hulle toe te tree en vir die Minister van Polisie te sê en opdrag te gee om die appèlaansoek - wat nou gebring word om daardie polisievrou se aanstelling deur die hof te verongeluk - terug te trek of te stop. Selfs die hof het gesê dat haar nie-bevordering tot in hierdie stadium neerkom op blatante rassisme.
Solank dinge soos hierdie in Suid-Afrika met verskillende mindersheidsgemeenskappe gebeur - of hulle wit, bruin of Asiër is - sal die woorde van vandag, van gelyke geleenthede vir alle vroue, geen betekenis hê nie en 'n hol propagandakreet bly met geen betekenis nie. Ek dank u. (Translation of Afrikaans speech follows.
Dr C P MULDER: Hon Deputy Speaker, this past week we again celebrated Women's Day in South Africa. It is an opportunity that we have to pause and to reflect, not only on what progress we have made in the process of empowering women, but also in promoting equal opportunities and advancement for all women.
Of course, this is not a new topic. Recently, on 9 March this year, we had a debate in this House about International Women's Day, and the topic was, " Equal rights for all, equal opportunities for all", almost identical to today's topic.
The FF Plus holds the view that, in the past few years, excellent progress has been made, not only to empower women, but also in effectuating equal opportunities. This is right and this is fair. The FF Plus will support all measures that would afford women equal opportunities. The FF Plus realises completely what an important role women play and wants to celebrate and honour all women for this, but everything isn't just moonlight and roses.
The ANC wants, like today, to create the impression that they are at the forefront when it comes to equal rights and equal opportunities for women. The reality in South Africa is that it needs to be interrogated as to whether equal opportunities to prospects and the advancement of women in South Africa are applicable to all women, or whether a distinction is made between colour and race as far as women are concerned.
In South Africa there is a plot against white women and they don't enjoy equal rights, especially not equal opportunities. The Director-General of Labour, Mr Jimmy Manyi, as the president of the Black Management Forum, said that white women should be excluded when it comes to the implementation of affirmative action. The minister will speak shortly; he can respond to that. This is Mr Jimmy Manyi's position. Here brazen discrimination is applied based on race. White women No?
If the ANC government truly has in mind that there should be equal opportunities for all women, why did Captain Renata Barnard, a white woman, have to approach the court to enforce her rightful promotion to Superintendent in the South African Police Service, SAPS This proves that the government's policy and implementation of affirmative action are intrinsically wrong and unlawful, as we have always maintained. Why must a white woman, namely Captain Renata Barnard, wage a struggle for five years to be promoted in the SAPS She meets all the requirements, has been approved for the position twice already, there were no other suitable black candidates for the position, but the SAPS refuses to promote her?
If the ANC members, who are sitting here today, say that they support the policy of equal rights and equal opportunities for all women, then they should intervene and say to and instruct the Minister of Police to retract or stop the application to appeal the judgment, which has now been lodged to ruin this policewoman's chance of being appointed as ordered by the court. Even the court stated that her nonpromotion up until now comes down to brazen racism.
As long as issues like these occur in South Africa with its various minority groups-whether they are whites, coloureds or Asians - the words that are being used today, of equal opportunities for all women, will have no meaning and remain a hollow propaganda slogan with no substance. Thank you.
Mrs S V KALYAN: Deputy Speaker, 2010 is an important year for women in Africa. Firstly, it marks five years since the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa came into being. Secondly, it marks six years since the adoption of the Solemn Declaration on Gender Equality in Africa which all heads of state and government committed to. Thirdly, it is the start of the African Women's Decade.
Women make up 70% of those living below the poverty line and, therefore, they are most likely to bear the heaviest burden. At the same time, women are often left out of the conversation about adapting to climate change, even though they are sometimes in the best position to provide solutions.
In most poor communities, women play many roles. As providers, women usually work in agriculture or other informal sectors. They collect food, water and fuel. As caretakers, they look after the children, the sick and the elderly, the home and the family's assets. As a result of their multifaceted roles, women have invaluable knowledge about adapting to erratic environmental changes. However, socially constructed roles and responsibilities usually put women at a disadvantage in preparing for climate change.
Women have less access to resources, are frequently unable to swim, are reluctant to leave the house unattended, and are less likely to migrate to look for shelter and work when disaster hits.
Therefore, statistically, women are more likely to die during disasters than men are. But it doesn't have to be this way. If women are included in decision-making in their own communities, the special needs of both women and men can be met, and the survival rate of women will improve.
Article 18(3) of the Charter is aimed at protecting women in the context of the family only. Therefore the Charter needs to be completed by an addition which addresses particular problems encountered by African women. I hope, Minister, that you will spearhead the amendment.
The Protocol to the African Charter on Human and People's Rights relative to the Rights of Women in Africa comprehensively enshrines civil, political, social and cultural rights, the rights to development, peace, as well as reproductive and sexual rights. It provides a legal framework to address gender inequality. Most importantly, the protocol calls for the legal prohibition of female genital mutilation, a practice which is still in use in at least 23 countries in Africa. South Africa has a responsibility to put pressure on these countries and also on those that have not ratified the protocol.
South Africa has expressed reservations with respect to article 4(j) on the death penalty because that has been abolished. Another reservation South Africa has with the protocol is with regard to article 6(h) where our laws on citizenship are more advantageous for children than the provision in the protocol.
It's all very well to have a protocol on paper. However, for it to be effective, we need to encourage all countries to sign and ratify the protocol; to build the capacity of gender machinery and ministries; to put in place effective monitoring mechanisms to measure implementation of the protocol; to develop and include gender sensitive indicators and sex-disaggregated data on women's rights into national statistics, national development plans and national budgets; and to confront the cultural and religious barriers to full attainment of women's rights as per the protocol, especially in respect of customary inheritance laws and treatment of widows.
In conclusion, I wish to congratulate hon Matladi of the UCDP on her appointment as the Vice President of the Women's Caucus of the Pan-African Parliament. Thank you. [Applause.
UMPHATHISWA WEZEMISEBENZI: Malibongwe!
AMALUNGU AHLONIPHEKILEYO: Igama lamakhosikazi!
UMPHATHISWA WEZEMISEBENZI: Oko batsho abafazi ngowe-1955 ukuba: "Wathinta abafazi, wathinta imbokodo" umzabalazo awukapheli. Amazwi abo asankenteza ezindlebeni: "Wathinta abafazi, wathinta imbokodo".
Umbutho wesizwe kumgaqo-siseko wawo uneenjongo. Eyona iphambili kuzo kukumanya bonke abantu boMzantsi-Afrika, ingakumbi ama-Afrika. Oko kwakuqinisekisa ukuba zonke iimeko zocalu-calulo nengcinezelo ziyatshitshiswa kwaye nokuxhasa nokuqhubela phambili idabi lenkululeko yoomama kuyaqhubeka.
Kula maxesha sikuwo kukho imikhwa nemikhuba ebangela ukuba eli dabi lethu libe neziphene ezifuna ukuguzulwa nokubangulwa. Sibona ukuxhatshazwa nobundlobongela obenza ubomi babantu basetyhini bube nkene-nkene. Amantombazana aphila ubomi bentshontsho engcungcuthekiswa zizidlwengu, kungenjalo esendiswa ngetshova nangenkani. Ezi zenzo ke zibenza babe sesichengeni sokosuleleka zizifo, ingakumbi ezinje ngoGawulayo neGcushuwa.
Ngexesha sisakhula ubuye ubaluleke kakhulu xa uyindoda okanye ungumfana ongudlalani. Kule mihla sithe gqolo sibetha sibuyelela emadlakeni singcwab' odlalani. Abantu kufuneka bazi ukuba kufuneka sithobe isantya kwizinto ezininzi ukuba sizondelele ukuphila. Kwabanye, ingathi kufuneka sibe nezinto esizichwethayo kumasiko nezithethe zethu, ingakumbi ezi zingamanyumnyezi, ukuze sikhuthaze ezi zizakwenza idabi lethu lokukhulula oomama liphumelele.
Masivume, kunjalo nje sivumelane, ukuba amaxesha ngamanye. Asisanxibi ndyilo kwaye nemicimbi yokwendiselana siyithethela ezindlini, asisayithetheli ecaleni kobuhlanti. Iyabonisa ke loo nto ukuba amaxesha ngamanye. Oomama bayaphangela. Bavuka ngonyezi. Benza imisebenzi efanayo namadoda, maxa wambi bathi xhaxhe bade bathi tyishi kumadoda amaninzi. Ngamaye amaxesha kula amadoda unga ungathi: "Khulula ibhulukhwe ezo, ntondini, sikubolek' ilokhwe."; ingakumbi xa ubona ukunukunezwa koomama phaya emisebenzini. [Kwaqhwatywa.] Bayatswikilwa babhantswe, kungathatyathwa manyathelo ngabaqeshi. Wathinta abafazi, wathint' imbokodo.
Iindawo zokugcina abantwana phaya emisebenzini zithe nya. Ndiva buhlungu ngakumbi xa kanti nePalamente le nayo iyindawo elolo hlobo. Kungokuba kutheni le nto kungekho ndawo zokugcina abantwana kusaziwa nje ukuba amadoda akamithi Mhlawumbi sesi sizathu esibangela ukuba kungabikho zindawo zokugcina abantwana. Amadoda akancancisi. Mhlawumbi yiloo nto kungekho ndawo yokugcina abantwana apha ePalamente. Ukuba bebencancisa, ndiqinisekile ukuba ngeyikhona indawo yokugcina abantwana. [Intswahla.?
Imivuzo yoomama ayikalingani neyamadoda noxa besenza umsebenzi omnye ofanayo. Ewe, ukhona umnyinyiva asizukutsho ukuba awukho, kodwa kuyakrokrisa. Oomama basarhuq' ezantsi nakwizikhundla eziphezulu. (Translation of isiXhosa paragraphs follows.
The MINISTER OF LABOUR: Let it be praised!
HON MEMBERS: The name of women!
The MINISTER OF LABOUR: They started chanting in 1955 that: "You strike a woman, you strike a rock" and the struggle continues. Their words are still ringing in my ears: "You strike a woman, you strike a rock".
The African National Congress has objectives in its constitution and one of the primary objectives is to unite all the people of South Africa, Africans in particular. This will ensure that all forms of discrimination and oppression are abolished and that the support drive for the emancipation of women continues.
Nowadays there are habits and tendencies that make this struggle defective and that needs to be rectified. We are witnessing the abuse and violence against women which makes them more vulnerable. Girls live in fear of rapists or being forced into marriage. These acts make them vulnerable to diseases, especially Aids and syphilis.
We used to be highly respected when we became fullyfledged men or playboys, but today we are burying the playboys on a regular basis. People must know that we need to slow down on other things if we want to live longer. To some, it seems as if we have to amend some aspects within our customs and cultures, especially those that are disgraceful, and pursue those that advance our struggle for the emancipation of women.
Let us agree on the fact that times have changed. We don't wear traditional underwear anymore and lobola negotiations take place indoors and not at the kraal. That is proof enough that times have changed. Mothers are employed and they wake up at the crack of dawn to go to work. They perform the same jobs as men and sometimes they do even more and do it much better than men. Sometimes you are tempted to say to these men: "Take off your trousers, you idiot, and let us borrow you a dress"; especially when you witness women being harassed in the workplace. [Applause.] They are sexually harassed by being pinched and touched, but nothing is done by management. Wathint' abafazi, wathint' imbokodo. [You strike a women, you strike a rock.
There are no childcare facilities in workplaces. It concerns me a lot to learn that Parliament doesn't have a childcare facility. Why are there no childcare facilities knowing that men do not conceive It is probably because of that very same reason that there are no childcare facilities. Men do not breastfeed. Maybe that is another reason there is no childcare facility here at Parliament. If men were breastfeeding, I am certain that there would be a childcare facility in Parliament. [Applause.?
Women are paid far less than their counterparts although they are doing the same job. Yes, there is slight progress, but it makes one very suspicious. Women are still in the minority in respect of executive positions.
It is clear that we require measures to address the disparities that impact on working women's careers, namely childcare facilities that need to be provided in each and every workplace and - I want to repeat - including this Parliament. Flexible working arrangements must be introduced to enable women to balance careers and domestic responsibilities.
As a member of the ANC, the party that forms the government of the day, I take no delight in talking about how persistent racism, colour division, gender inequality and discrimination are against people with disabilities. For decades, the ANC has advocated a gospel that says South Africa belongs to all who live in it, and all shall be equal before the law. These principles found expression in the new Constitution of the Republic of South Africa. Thus, compliance with the Employment Equity Act is not an option but mandatory in terms of Chapter 2 of the Constitution of the Republic of South Africa.
For the past 10 years, we have been knocking patiently on closed and barred doors, calling for diversity in the work place, equitable representation and the elimination of unfair discrimination. Once more, the employment equity report conveys the sad news of a people hell-bent of self destruction by resisting the reality that all South Africans have the inalienable right to equality.
I believe it is a society of the equal that can be truly democratic and prosperous. The resistance displayed thus far against the Employment Equity Act whispers an unfortunate message that persuasion is a pale and dry strategy too barren to bear fruit. If that be the case, we are forced to explore other additional methods to realize this constitutional mandate of employment equity in the workplace.
Looking back from the year 2005, when the first Commission for Employment Equity's, CEE, 5-year term ended, we are reminded of how we reported with a measure of satisfaction that the first five years have laid a solid foundation by developing the needed institutional framework, policies, regulations and codes of good practice for employment equity to prevail. Little did we know that by now, when the second commission's term ended at the end of July 2010, we would be submitting a report as gloomy as the one we have.
There cannot be any doubt that the data presented in this 10th CEE Annual Report paints a gloomy picture of the status of employment equity in the country. More whites, both males and females, are recruited into the middle and upper management levels than any other group. The same racial recruitment profile also applies to people with disabilities.
It petrifies to note how the privileged have chosen to distort the substance of the Employment Equity Act to preserve their privileged positions. White males dominate the economy and their privileges continue to hold sway in the work place. There are employers who have chosen to equate gender equity with the exclusive focus on white women when it comes to recruitment and promotion to senior positions.
Black women remain subjected to the brutalities of historical triple oppression. At the workplace, black women can hardly claim to have taken their rightful place as equals in a free nation. This is more pronounced in the economics of our country. They continue to be looked upon and treated as inferior by virtue of being black in the colour of their skin.
Lately, there seems to be yet another distortion of this Act whereby a narrow upward mobility is opening up slowly to black males, leaving behind black women. This cannot but be unfortunate, because it perpetuates the gender inequality aspect of the triple oppression theory in practice.
In the face of all this, the question that calls for an urgent answer is: How we change this trend I, for my part, cannot preside over this fateful venture. Change must and will come in this regard. We have no option but to revisit the Act and tighten it so that those who stand opposed to this constitutional mandate bear the consequences?
After a thorough scrutiny of the employment equity report, the question arises as to whether it is not high time we considered harsh fines linked to the turnover of the affected enterprises Should we not revisit the form and content of our inspection work so that a combination of advocacy and injection of the sense of duty on the part of the employer to honour one's obligation ultimately bears the desired fruit?
I will act swiftly to get this matter into the public arena so that the necessary social discourse is embarked upon towards finding the ultimate solution. I am convinced that employment equity still remains relevant in our efforts to redress inequalities in the workplace. We must act speedily to increase representation of, especially, black women and people with disabilities. The longer we take to make reasonable progress towards implementing employment equity, the more negative the impact will be on the growth of our economy and stability of our democracy.
I for one, personally...
nje ngegungqayi lakuQoboqobo eZingcuka, eMzantsi ilali [... as a rural boy from Qoboqobo, at Lower Zingcuka village...
do not understand why we must beg for this country to be transformed. I do no understand why the reconciliation hand of the ANC is continuously being beaten and thwarted. I do believe that the approach the ANC took to reconcile the people of this country must be taken seriously, because the opposite is too ghastly to contemplate. [Interjections.
Once more, I implore men and women of living conscience - including the one sitting on this side, howling and very worried by what I'm saying - in every workplace, to join me in this mission to create a conducive environment for employment equity to prevail. The longer we delay, the more we subject our beautiful country to the pain brought by discrimination in whatever forms it presents itself.
If we love Nelson Rholihlahla Mandela, let us not bite the hand that is forcing us into reconciliation in this country. If we do, then it means we do not love Madiba. All that we are doing...
sibhibhidla' mazinyo, sikhwaza nje igama lakhe, singenzi le nto yena uMadiba afuna ukuba masiyenze. Malibongwe! [Kwaqhwatywa.] [ is wasting our time, chanting Madiba's name and not doing what he wants us to do. Let it be praised! [Applause.
Hon MEMBERS: Igama lamakhosikazi! [The name of women!
Mrs C DUDLEY: Yes, hon Minister, there's a lot that is very sad and we don't understand all these things. I myself have three white sons and a white husband. I know that two of my white sons have to leave this beautiful country to find work. It is sad, it's complex, and it's not as simple as it looks.
Let me now aggravate you more. Women's Month this year for the ACDP is under a cloud as future generations of Africans continue to be labelled as unwanted and are targeted. Unscrupulous groups, largely from the Western World, used the legitimate call for a safer birthing environment at the 15th African Union Summit in Uganda to once again push for the abortion of African babies. Despite the fact that abortion - legal or otherwise - damages women's mental and physical health, these groups continue to claim that, in sacrificing their children and their health, women will somehow gain equal opportunities and progress.
An interesting 13-year study of the entire population of women in Finland showed that deaths from suicide, accidents and homicide were almost 250% more likely in a year following an abortion. The majority of post-abortion deaths were due to suicide, a rate six times higher than that of women who had given birth to their children. This is not progress. An examination and comparison of several countries also contradicts the idea that legal abortion lowers maternal mortality rates. Instead, it confirms that countries with restrictive abortion laws are in most cases the leaders in reducing maternal mortality.
South Africa is a shocking example of the link between liberal abortion laws and skyrocketing child and maternal mortality rates. The pro-abortion NGOs' coalition, in a statement to the recent African Union assembly, said that they were ashamed of Africa's high maternal and child mortality. Yet, their statement failed to address the need for better-skilled birth attendants and emergency obstetric care. The impression created is that the concern about reducing maternal mortality is nothing more than a smokescreen as the abortion agenda in unscrupulously promoted.
Abortion advocates have long argued that abortion liberalisation is an unstoppable global trend. However, that is also a lie as more and more countries take a stand, and a trend toward the protection of life is taking root. Ireland, Poland, Mexico, the Dominican Republic, South Korea, Japan and Russia have all issued strong pro-natalist statements reflecting their concerns.
The birthing process is not an area of equality for the sexes, but is the crown of womanhood and produces the nation's hope - children, the children of tomorrow. As such, women and their babies require great respect and consideration from men and women in working together for equal opportunities and progress for all. Thank you.
Mrs I C DITSHETELO: Madam Speaker, Ministers, 2010 marks the 31st anniversary of the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women, CEDAW. Therefore it cannot be more fitting that, in celebrating Women's Day, we reflect on strides and failures in ensuring that women in particular benefit from created opportunities.
South Africa has undeniably made strides as far as women representation in government and in Parliament is concerned, even though the quota has decreased with this current administration. That is a cause for concern. Forty-one percent of the working population is female, yet women constitute 19,8% of executive managers and 13,3% of directors. Is this right?
A recent study shows that for every R1 men earn, women earn 75 cents. How does this justify the country's commitment to gender equity Only 11% of companies listed on the Johannesburg Stock Exchange, JSE, have 25% or more of their directors' positions occupied by women. I ask again: Is this right?
Women make a major contribution to household wellbeing through productive labour, but they have been largely absent in the debates on land reform or not rewarded for their contribution. Our land reform policy is unlikely to develop poor rural women as its direction prioritises promotion of commercial farming above other commitments. Yet, rural black women suffered most in colonial and apartheid history and had no rights altogether on land ownership. Where is justice?
It is encouraging to learn that 97% of women use antenatal care services, and 95% of babies are delivered in hospitals and clinics with a nurse or a doctor present. But what quality of health care are we giving our women and children if South Africa still has the highest maternal and infant mortality rate in the world Fifty-five percent of those infected by HIV and Aids are women?
Rural women face enormous challenges in the quest to protect themselves from HIV and Aids as they are often threatened with violence at the suggestion of the use of a condom. What have we done to empower them effectively and efficiently How many of them have even seen or heard of the female condom What have we invested in ensuring progressive development and improvement of the femidom?
HIV and Aids treatment requires frequent visits to health care centres that administer treatment. For rural women living in poverty, access to these centres is sometimes virtually impossible. Lack of physical access to treatment centres amounts to denial of health care services. Can we pat ourselves on the back then?
One thousand four hundred women die every year at the hands of their partners. We have the Domestic Violence Act, but how have we made sure that it is implemented effectively What purpose does it serve to have beautiful policies purporting to emancipate women when we do not implement them?
I conclude that though we have taken great strides in terms of legislation and policy formulation, women, surely, will be raped in our country today. Another one is that you will be beaten by a partner today [Time expired.] [Applause.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon members, I'm asked to correct something here. I think earlier on hon Kalyan referred to hon Matladi as the Vice President of the Women's Caucus of the Pan-African Parliament. Hon Matladi is in fact the President of the Women's Caucus of the Pan-African Parliament, not the Vice President. Thank you.
Ms B THOMSON: Chairperson, Minister Mayende-Sibiya, hon Ministers, Deputy Ministers present, hon members, our guests up in the gallery, and a special welcome to our guest Senator Tom Mndzebele and his delegation from the Swaziland parliament. [Applause.] The post-1994 situation has presented new democratic realities for South Africans, in general, and South African women, in particular.
Two decades have seen - from the birth of our democracy after the 1994 elections - a commitment by our government and civic organisations, as well as the development and upliftment of women. The likes of Sarah Bartmann, Charlotte Maxeke, Dorothy Nyembe, Mama Winnie Mandela, Mama Shope, Mama Albertina Sisulu, Mama Bertha Xowa, Mama Lydia Ngwenya, MaNjobe and many more women in the struggle must never be forgotten.
Our Constitution entrenches gender equality and form the basis for transformation of gender relations. The equality clause in our Constitution owes its origin to - amongst other gallant struggles - sacrifices and indomitable spirits of women during the colonial and apartheid eras. It should be remembered that gender equality and women's rights formed the axis of many demands and petitions of women activists. It did not just come on a tray.
Consequently, the current constitutional democratic dispensation bears indelible insignia of struggle against oppression and discrimination from the early 1900s to the present moments. It is worth mentioning that the national liberation struggle has, in the main, been about the creation of a nonsexist and nonracist democratic society for all.
The ANC's Freedom Charter and constitutional guidelines and, ultimately, the Constitution of our country seek to build a caring democratic society for all. The Bantu Women's League under the leadership of Mama Charlotte Maxeke spearheaded struggles for the rights of the oppressed people. At that time, the ANC Women's League was also involved in campaigns against poor working conditions, pass laws and the enactment of apartheid. We would recall women from various different backgrounds who took lead in the fight against the notorious 1913 Land Act.
In 1994, the ANC women's League played a leading role in the building of a nonracial Federation of South African Women. At its inaugural conference, it then drafted the Women's Charter. The Women's Charter called for equal rights with men in various relations, the right to vote and the right to full employment opportunities. It was at this period that the ANC Women's League identified a need for a broader structure that will unite all women around issues affecting women and society.
Currently, this objective has been achieved through the successful launch of the PWM in August 2006 in Bloemfontein. The key role for the women's movement is to build a nonracial and a nonsexist society which will result in the emancipation of women. The ANC Women's League appreciates the current position of women and, despite challenges, supports the women's movement as a broad front of various women's organisations, feminist-orientated groups, researches, faith-based organisations and policy makers.
There are other women formations in different communities that should take up local struggles affecting women. Women empowerment should always respond to the fact that women are not a homogenous group, but have diverse backgrounds and interests.
As early as the 1990s, women rose up to positions of leadership within the structures of the ANC, despite entrenched structures of patriarchy. During the transition period and the post-1994 democratic breakthrough, women representation and popular participation in politics and leadership were on the agenda of the ANC and the Government of National Unity. From this period on, there was a noticeable vibrant engagement on women representation and participation, drawing from continental and global gender relations.
The ANC's constitution provides for a quota of not less than 50% of women in all structures to ensure effective participation in the fight for the emancipation of women. The ANC is committed to the emancipation of women, hence the entrenchment of the 50-50 principle in its constitution. The 50% gender balance is a huge achievement within the Progressive Women's Movement at present. Women have come a long way to adopt that position in the ANC's constitution - the binding document.
Comrade Thenjiwe Mthintso's excellent work focuses on the women's question and gender relations within the national democratic revolution, NDR, and the state. The women question quotas or the 50-50 approach relate to women representation and the number of women in all decision-making structures. She argues that significant numbers of women facilitate access of women to decision-making structures or bodies to fight against their marginalisation, poverty and apathy. However, women need to be mobilised and empowered through education and emancipation.
Concurrently, the perspective and policy of the ANC and other feminist schools of thought advocate transformation of gender relations. This implies changing patriarchal power relations through gender conscious women and state intervention. This further implies that it is not a given fact that the presence of women in leadership and politics would open up space for more women to swell leadership ranks and overthrow patriarchy.
An ANC Today edition criticises the gender blindness of the decision of one woman in a position of power and illustrates the complex nature of the circumstances of women. It uncovers the image of the all-male Western Cape provincial cabinet appointed by a female premier with disregard to the ongoing changes in various levels of governance. A question should then be asked whether there were no capable women in the province. These are some of the contradictions that the PWM should take up in a programmatic manner to isolate and undermine patriarchy and its proponents.
The South African government is committed to the spirit of nondiscriminatory practices and equality of all persons, irrespective of gender or sex, in line with the Bill of Rights as entrenched in the Constitution. The evolution of women representation on national, regional and international level takes place within a broader gender balance of power in accordance with the international law and international instruments.
Accordingly, SADC, the AU, the UN and other protocols and instruments seek to ensure women's representation in all decision-making structures. Data also shows the differing attitudes of various countries concerning the representation of women in their parliaments.
The Constitution and democracy have presented us with various mechanisms to advance gender transformation such as the Bill of Rights; the establishment of comprehensive national gender machinery; high representation of women in government structures; and an accelerated process aimed at the eradication of gender-based violence. Part of other widely noted achievements include the Choice on Termination of Pregnancy Act, which allows all women access to termination of pregnancy under certain circumstances, helping to improve the rights of women and reducing the health risks associated with illegal abortions.
Primary health care was introduced with major benefits for poor rural women. The Department of Health distributes female condoms to try to protect women from HIV infection. Thank you, Chair. [Time expired.] [Applause.
Gender equality means that all human beings are free to develop their personal abilities and make choices without limitations set by gender roles, that the different behaviour, aspirations and needs of men and women are equally considered and favoured.
Let me also go further and define gender inequality according to my own understanding. It is an unequal and biased treatment between men and women.
Ho tloha kgolong ya ke ne ke ntse ke lora ka setjhaba seo basadi le banna ba tshwarwang ka mokgwa o lekaneng. Mme toro ena ya ka e ntse e tswela pele. Ke tumelo ya ka e tiileng ya hore ho se lekane ho pakeng tsa banna le basadi, ke taba ya kgale mme e lokela hore e be e fedile mehleng eo e fetileng. Re phela nakong ya sejwalejwale mme re se re tswetse pele haholo. Ha ho sa le nako ya menahano ena e siilweng ke nako. Ke le mosadi wa Moafrika, ke tseba hantle ka tshwaro e sa lekaneng ha ho bapiswa banna le basadi. Ke na le metswalle, basebetsimmoho le ba leloko ba ntseng ba lwantshana le taba ena bosiu le motsheare.
Re a tseba hore re bopilwe ka seriti sa Modimo mme ka pele ho sefahleho sa Hae, re a lekana.
Motsamaisi ya kgabane wa dipuisano, e re ke qale ka ho hopotsa bohle ka seabo sa basadi ba naha ya rona nakong eo ba neng ba itella ho aha demokrasi ena eo e leng hore tsatsing lena e hloleha ho ba lokolla ditlamong. Re lokela ho hopola le ho utlwisisa diketsahalo tsa 1956 tsa mokoloko wa boipelaetso o neng o lebile Union Buildings. Ho ne ho phuthehile basadi ka ho fapafapana. Ho ne ho le basadi ba dipolotiki, bodumedi, le ba mahaeng jwalojwalo.
Basadi bana bohle ba ne ba susumetswa ke ntho e le nngwe, e leng tjheseho le ho labalabela toka. Basadi bana, ho ya ka ho fapana ha bona, ba ile ba tlohela tsohle tse neng di ba arohanya mme ba tsepamisa maikutlo a bona hodima se neng se lokela ho etswa molemong wa naha ena ya rona. Basadi bana, ba ile ba ikakgela ka setotswana ntle le tshabo ya letho ho tlisa diphetoho tseo re di bonang kajeno.
Ba ile ba re neha mohlala o motle wa hore re eme mmoho re le ngatana e le nngwe ho lwantsha bobe mme re emele nnete. Sena se pakahatsa hore keteko ya letsatsi la bomme ha se ya mokgatlo o le mong hobane basadi ba bangata ba ile ba kgatha tema lebelong lena. (Translation of Sesotho paragraphs follows.
From my youth days my dream has always been to see a society where men and women are treated equally. It is still my dream even today. I strongly believe that the inequality between men and women is old-fashioned and belongs in the past. We live in the 21st century and we have moved forward. There is no time for these old mentalities. As an African woman, I know very well about the unequal treatment between men and women. I have friends, colleagues and relatives who are still struggling to fight this every day.
We know that we are created in God's image and that we are all equal before Him.
Honourable Speaker, let me start by reminding everyone about the role played by women of this country when they made a sacrifice to build democracy, which today is unable to set them free. We need to remember and understand the events of the march to the Union Buildings in 1956. Women converged from different backgrounds.
There were women from politics, religions, rural areas and so forth. All these women were encouraged by one thing, courage and justice. These women, despite their differences, set aside what separated them and focused on what needed to be done in the interest of our country. These women did what was needed to be done without fear in order to bring about the changes we see today.
They set us a good example that we need to stand together as one to fight evil and to stand for the truth. This proves that the celebration of Women's Day is not only for one party, because many women were involved in this struggle.
Violence against women and children is a scourge in our country. It poses a significant threat to human rights and the development of women and girls. It is clear that women suffer a very high level of sexual assault, rape and domestic violence.
People cannot take advantage of opportunities if their lives are under siege; if their rights are not respected by fellow citizens or their visions are limited by fears. Yet the web of terror that crime throws over women and children is so strong and it affects everyone. The right to equality is the right of all human beings to be treated with dignity, respect and consideration in order to participate on equal basis with others in any area of economic, and political, cultural or civil life social rights.
In South Africa the Constitution emphasises the equality of men and women. However, we lack the implementation of laws that provide effective legal protection against discrimination, harassment and unequal opportunities, and the legal means to promote equality. Gender inequality is a deeply rooted and entrenched attitude by societal institutions and market forces. We need a strong leadership, political will and commitment to institute the policies that can trigger social changes and allocate the necessary resources for gender equality and women empowerment.
Re le setjhaba re tla tswela pele feela ebang basadi le bona ba tswela pele mme le bona ba fuwa menyetla le ditokelo tse lekaneng. Ho setseng feela ke hore sena se phethahatswe ka ho panya ha leihlo.
Hangata re dula re mametse bomaila diphetoho ba dulang ba fana ka envangedi e fosahetseng mabapi le kamoo basadi ba haellwang kateng le kamoo ba ke keng ba tlisa diphetoho tsa makgonthe kateng. Re lokela ho nka mehato ya nnete e netefatsang hore seabo sa basadi se a tshehetswa le hore ba phahamisetswa maemong a phahameng ho ba kgontsha hore ba etse diqeto. Re tlameha ho tshehetsa sena ka ho rupella basadi le ho ba tshehetsa ka ditjhelete tse hlokahalang, le ho ba beha tlasa batho ba ka ba rutang hore le bona ba tsebe mosebetsi ba tle ba tsebe ho ikemela. (Translation of Sesotho paragraphs follows.
We will only move forward as a nation if women also move forward and are given equal opportunities and rights. The only thing left is for this to be done immediately.
We often hear critics of change giving misleading information about how women are lagging behind and how they cannot bring real changes. We need to take the necessary steps to ensure that the roles that women play are supported and promoted to higher positions to enable them to make decisions. We must support women by educating them and providing them with the necessary financial assistance as well as giving them mentoring so that they can be able to be independent.
We cannot deny the fact that the status of women in our country has improved, but we cannot afford to be complacent. The critical aspect is that women are now struggling to rise. However, without the enabling environment, it won't be possible for the marginalised women to realise their potential.
We cannot talk about freedom or celebrate Women's Day if women are unskilled, illiterate, unemployed, and cannot take decisions about their lives, their health, and especially their reproductive rights as part of their human rights.
Ha ke phethela, ke rata hore ho bomme kaofela ba ileng ba nka kabo letsatsing la bomme, ke re ho bona "bomme, ha re tiiseng". Ke rata hore ho bontate ba dulang ba re tshehetsa ka nako tsohle, le tsebe hore re leboha seo le re etsetsang sona. Ka ho bua jwalo ke re ho bomme, "tshwarang le tiise". Ke a leboha. [Mahofi.] (Translation of Sesotho paragraph follows.
[In conclusion, I would like to say to all women who played a role in Women's Day, "Ladies, let us hold on tight". I would like to say to the men who always support us that we appreciate what they do for us. With that in mind I would like to say to women, "hold on tight". Thank you. [Applause.
Mrs L S MAKHUBELA-MASHELE: Hon Chairperson, hon Ministers and Deputy Ministers, hon members and invited guests, I greet you all. Women's Day is a day for applauding women's achievements and for focusing attention on tasks which lie ahead. It is a day for reflecting on how far our society has come and how far we still have to go.
The struggle for equality continues unabated. The woman warrior who is armed with wit and courage will be amongst the first to celebrate victory. In our advocacy campaign, let us not forget to take along the girl-child. There is a saying in isiSwati which says: Ligotjwa lisemanti. [Discipline is instilled at the early age.
We must, as this generation of women, take the girl-child by the hand and move with her to total women emancipation. In the girl-child lies the future heroine who must take the baton in advocating women's total liberation.
Prescribed gender roles lead to the women's role as mothers and nurturers in the domestic sphere being seen as of lesser importance and value than men's tasks. Women are said to be nurturers and domestic labourers while men are perceived to be the natural leaders and decision-makers. These roles are enforced at home, at school and throughout the media, thus restricting women's self-perceptions, disempowering their social and economic potential and limiting the possibilities for their future.
The curriculum taught in our schools still seeks to have one gender portrayed as superior to the other. The girl-child is still seen as the weaker gender when compared to the boy-child. Our education and advocacy need to start from the foundation phase of the education system and educate equality for all genders, as well as the role that can be played by both boy- and girl-children to build a society that is tolerant and respectful of all humankind regardless of gender.
Instilling this from an early stage of development will enable young women to resist all manifestations and consequences of patriarchy, from the feminisation of poverty, physical and psychological abuse to the subjugation of self-confidence. Women must resist open and hidden forms of exclusion from all positions of authority and power.
Social and biological features have been used in human history to exclude and repress the progress of women in our communities. Critical in this regard is the creation of the material and cultural conditions that would allow the abilities of women to flourish and enrich the life of the nation. In doing so, we would place women at the centre of evolution and development in our society.
The ANC believes that we cannot say that we are progressing as people and as a nation unless the women of our country are truly liberated and until we have reached a state of gender equality and gender equity. In view of the challenges that the democratic South Africa still faces in achieving gender equality, and as revolutionaries tasked with responsibilities to lead the transformation project, it is necessary to ask ourselves: What kind of struggles do we still need to engage in What type of organisation do we still need to lead such struggles?
Women and men always remember that we were united through the discovery of our common wounds and scars. The national democratic and nonsexist society will not come as a consequence of liberation of the white minority regime, but as a result of a collective deliberate resolve and effort to eradicate all forms of gender discrimination.
Let me remind all our male citizens here, as Susan Anthony writes: "It was we, the people, not we, the male citizens, but we, the whole people, who fought for liberation." The mobilisation of women is the task not only of women or men alone, but all of us, men and women alike, comrades in struggle in our pursuit for gender equality. The mobilisation of the people into an active resistance and struggle for liberation demands the energies of men, not less than of men, as a system based on the exploitation of man by man can in no way avoid exploitation of woman by the male members of society.
The emancipation of women is not an act of charity or a result of a humanitarian or a compassionate attitude. The liberation of women is a fundamental necessity for the revolution, the guarantee of its continuity and precondition for its victory. The ANC will, therefore, continue to strive for the realisation of the commitment of the Freedom Charter which says: "The rights of all people shall be the same, regardless of gender, race, or colour."
The women section is a weapon of struggle to be correctly used against all forms and levels of oppression and inequality in the interest of a victorious struggle of the people. There is, therefore, no way in which women, in general, can liberate themselves without fighting to the end the exploitation of man by man, both as a concept and as a social system. If we are to engage our full potential in this pursuit of the goals of our revolutionary struggle, then as revolutionaries we should stop pretending that women in our movement have the same opportunities as the men.
This is a clarion call for all of us to take stock of how far our society has come and how far we still have to go in our pursuit of total equality and total equity.
Women have suffered and continue to suffer from all forms of oppression. As women warriors, we will suffer, but, hon members, friends and comrades, we must rise and rise every time we face challenges.
Welling and swelling I bear in the tide.
I am the dream and the hope of the slave.
I thank you. [Applause.
Mr K J DIKOBO: Hon Chairperson, hon Ministers and Deputy Ministers, hon members and guests, on Saturday, 7 August 2010, 18-year-old Mapula Makabole, a grade 12 learner at Derrick Kobe High School in Lebowakgomo, left home to visit a friend in her neighbourhood. She did not return. The following day, her father was called to identify her body at the mortuary.
We later came to know that she had visited a male friend, who allegedly strangled her. The male friend then called another male friend who had a car. They bundled Mapula's body into the car and dumped her in the forest. After dropping Mapula's friend at his house, the driver of the car went straight to the police to report what happened. As we speak, the suspect is still at large.
During the same weekend in Lebowakgomo, there were reports of another three incidents where women were alleged to have been killed by people whom they knew and trusted - husbands or boyfriends. One is tempted to ask as to whether the alleged perpetrators deliberately planned those acts to coincide with the national Women's Day because one man was once heard telling his wife that the 16 Days of Activism for No Violence Against Women and Children would pass and he would deal with her.
Azapo's point is that our mothers and sisters are still vulnerable and feel unsafe in their own country. They are looking towards us and the Ministry of Women, Children and People with Disabilities to come to their rescue. I met some of them on Monday, and they had many complaints. One of their complaints was that a year after the establishment of this Ministry, they are still waiting for a White Paper, or a strategy or policy document, that sets out the vision and activities the Ministry intends to embark upon. They are looking towards this House to pass laws that promote and protect them.
As we were talking, they were very clear that transformation is not an option; it has to take place. The question that we continued asking ourselves in that meeting was: What kind of society do we have that produces young men who have no respect for human life and women We said that, as the police continued to raid and close down factories producing drugs in our country, the society should close down those that produce angry young men?
We cannot fail our women because, if we do, history will record that this fourth democratic Parliament presided over a system that continued to oppress and marginalise women. History will be unkind to us. Thank you very much. [Applause.
Mrs P C DUNCAN: Chairperson, structures are failing dismally, and corruption is the order of the day. Service delivery is nonexistent, and the social ills affecting women are escalating. Relationships are at an all-time low, and unemployment and poverty break up the families. We have all forms of violence and abuse of such proportions that it makes one sick in the stomach.
We speak about women every year. Women's Days come and go. We deliberate, debate, make promises and highlight weaknesses in the system of government, but - year in, year out - the same songs are sung. Some organisations and institutions only come alive during Women's Month.
The ANC continues to claim success based on the numbers game, yet the lucky ones that make the quota race forget where they come from and dismally fail the majority of women who are so trapped in many of the social conditions described above. One wonders if indeed the end of the world is nearing us. It is definitely the end of the ANC in sight.
The ANC-led government established the Office on the Status of Women, OSW. Although this structure worked hard and endured many pressures in the early years whilst under the Presidency, a new Ministry then replaced it, with even more pressures such as a weak Minister, understaffing and underfunding. Why is it so hard to learn from these mistakes Who are protected in this Is it the ANC Women's League cadres who must be deployed or maintained in jobs?
The ANC Women's League was present on Monday at the Women's Day celebrations in the Eastern Cape, in its full force and colours. Another ANC party turning sour as it failed to give meaning to real women's issues. It also failed to attract women across all equality expressions of our Bill of Rights. The President had to intervene and call the gathering to order, reminding participants that it was not an ANC meeting, but a Women's Day. The Minister of Women, Children and People with Disabilities is all quiet and not in charge.
Where was the Multiparty Women's Caucus What part did they play to ensure that that was not an ANC rally [Interjections.] Is it because its management is clueless about the Joint Rules of Parliament in the sense that they can advise, influence and consult on women's issues inside and outside Parliament Are they running around not knowing what to do or where to fit in because they are also underfunded and understaffed?
Hierdie tipe flaters is onaanvaarbaar en 'n klap in die gesig van alle vroue van Suid-Afrika. Nog so 'n onaanvaarbare flater is die Konvensie oor die Uitwissing van alle Vorme van Diskriminasie teen Vroue, die Cedaw-verslag. (Translation of Afrikaans paragraph follows.
[These sort of blunders are unacceptable and a slap in the face of all South African women. Another unacceptable blunder is the Convention on the Elimination of all Forms of Discrimination against Women - the Cedaw Report.
This report was not tabled in Parliament before being submitted to the UN in 2008, nor was it compliant with the UN reporting requirements. But it was signed by the hon Kgalema Motlanthe when he was President and the late Dr Manto Tshabalala-Msimang when she was a Minister in the Presidency.
Just guess who recently came to light to bring clarity on this matter three weeks ago in the year 2010 It was the Commission for Gender Equality, CGE. Why only two years later did the CGE make this important matter known I can only think that the CGE was so trapped in the mismanagement of their own funds, getting a disclaimer of opinion for two concurrent years, that they were unable to oversee such an important report to the UN. They were also not serious about women?
In the 16 years of democracy in our country, South Africa, I had the personal opportunity, for the first time, to experience a united nation through sports, giving us moments of song, praise, rhythm and the vuvuzela sounds when the soccer World Cup arrived on 11 June 2010. We were able to shift from our own prejudices to something new to support what is good and the will to win even after our own team, Bafana Bafana, lost. We continued to support other world teams. We felt it, saw it, and it was a success. I thought this is how I see our country using the same spirit and will to look after our people.
However, the vuvuzela sound softened, and the togetherness was no longer there. Everything is back to normal, and uncertainty prevails again. The theme chosen for the 2010 Women's Day, namely "Working Together for Equal Opportunities and Progress for all Women" is not in sight.
Building and sustaining the kind of energy of the World Cup - the same spirit, the same will, united as a nation - is needed to change the lives of all our people, especially our women and children. We are all responsible to achieve this. [Applause.
The MINISTER OF BASIC EDUCATION: Chair, Ministers and Deputy Ministers present, hon members, comrades, ladies and gentleman, allow me to join all the other speakers who spoke before me to honour and celebrate the contributions of our great women. Allow me to pause and salute the pioneers who paved the way for us - the gallant heroines who rose against colonialism, protested against the pass laws and took united action against unjust laws.
Women who, under severe conditions of poverty, oppression and exploitation, created homes, and educated, developed and produced leaders of yesterday and today. I think hon Robinson was quite right when she said that we should celebrate our Florence Nightingales and Helen Suzmans. Many will agree that the 1956 demonstrations were probably the most successful and militant of any resistance campaigns mounted at that time - a revolutionary process set in motion long before the 1950s.
It is very important for us to remember and celebrate this day so that we can preserve the memory of our heroines because memory is a weapon. By remembering the brave acts of heroines we are strengthened and encouraged to pick up the spear and take those struggles forward. Let us not use this day as an ANC Women's League attacking platform for people who fail to mobilise their own forces on an open day, but blame us for their inability to motivate. [Applause.] We use this day to celebrate and thank our heroines. So, hon Duncan, go and get your act together and mobilise your own people. [Interjections.
All these struggles had something in common - a process of deliberate, careful, systematic and coherent planning and organising. These struggles demonstrated and confirmed that when women have decided to undertake responsibility and not complain about other organisations, they can do that so well as these women did. More humbling about these struggles is that they were organised and executed with very little resources in a climate of political repression, setting in motion an irreversible momentum for the struggle of women's emancipation.
Black South African women, under the leadership of Charlotte Maxeke, led the fight against exploitative social conditions even long before the day. They organised themselves for political unity across gender and racial barriers. Under her leadership, they organised an antipass movement in Bloemfontein in 1913. In 1918, Charlotte Maxeke led a women's deputation to Cape Town to put the women's case before the then Prime Minister, Louis Botha.
In the 1920s, following the First World War, women of all races - not the ones that we have today who just complain and not come - began to slowly gravitate towards the towns and cities. Working and living conditions in these townships provided a fertile ground for the formation of trade union movements. The harsh living conditions were also felt in rural areas as political activism was experienced all over the country. During the same period, around 1928, women in Potchefstroom rose in protest against monthly fees of lodgers' permits. And again in 1928, when the Liquor Act was introduced, women organised resistance which began in Ladysmith and spread throughout Natal, focussing on areas like Weenen, Glencoe, Howick and Dundee.
It is important to know that the period after the Second World War opened another difficult period with the South African economy having gradually changed from a mining agricultural economy to a flourishing industrial economy. Reserves by this time no longer provided a subsistence base for African families who lived in extreme poverty whilst, on the other hand, urban blacks in the townships lived under very difficult conditions. The cost of living rose quite sharply to an extent that economic hardships increased and women struggled to feed their families.
It is during this period that a group of young militant trade unionists, professionals, peasants and ordinary women came together to fight against these unbearable conditions. We are reminded of great names like Frances Baard, Lillian Ngoyi, Bertha Mashaba, Dora Tamane, Florence Matomela; I can list many of them.
To create a momentum for these struggles, in 1949 the ANC Women's League elected a dynamic leader, Ida Mtwana, who took over the leadership of the women's league. In the very same period, the youth league introduced its programme of action. In 1953, the ANC elected a very dynamic president, Albert Luthuli. The combination of these forces created a momentum which ensured that, come 1956, there would be a coherent force which would resist any imposition of unfair policies to them. This period witnessed a revival of militant spirit which filtered through the organisation. Provincial branches of the ANC Women's League were established, incorporating township women, working class women, and women in the trade union movement.
I'm trying by this to demonstrate that the process of fighting against oppression was a protracted process, not just an event. Women became prominent in these areas, especially during the antipass campaigns. The protest which culminated in the 9 August 1956 march was sparked by rumours of the new legislation which leaked in the press in 1950. This matter was not new because - as I indicated earlier - it had been resisted under the leadership of Charlotte Maxeke and had been shelved because of women struggles.
After this announcement, meetings and demonstrations were held in a number of centres, including Langa in Uitenhage, East London, Cape Town and Pietermaritzburg. These, as I said, created a base for the protest that we were to see in 1956. During this period, again, women united under the leadership of women from different races and different provinces - Lillian Ngoyi, Fatima Seedat, Dr Goonan, Bettie du Toit, Hetty du Toit, Josie Palmer, Helen Joseph, Henrietta Ostrich, Lucy Mvubela, Amina Cachalia, Mildred Letsie; the list goes on. All of them stood up to protect the rights of women and the rights of everybody in the country.
In September 1955, the then government announced that it would start issuing reference books to black women in January 1956. According to this law, black people - now including women - were forced to carry these books and, at all times, they had to produce them. For instance, in the Western Cape, where these permits had already been issued, the law said that in certain boundaries established by government, no African would be hired unless the Department of Labour determined that no coloured person was available to do that work. Africans were declared as foreigners in those areas, and they would be removed and children would be sent to the reserves.
As soon as this announcement was made, women jumped quickly and organised themselves. As I have indicated, since 1912, a momentum had already been created and that is why they were able to pull together such a successful march. I will not delve into what happened on that day, save to say that the march of August 1956 and all other activities before it were a good indication that women had thrown off the shackles of the past.
Although the majority of people there were African women, coloured, white, and Indian women also attended. The crowd was orderly and dignified throughout the proceedings. After a solemn moment of silence, organisers handed their bundles of signed petitions to Lillian Ngoyi, Helen Joseph, Rahima Moosa and Sophie de Bruyn, who in turn deposited those petitions at the Minister's office.
Women had once again shown that the stereotype of women as politically inept, immature and tied to the home was outdated and inaccurate.
When the women begin to take an active part in the struggle, as they are doing now, no power on earth can stop us from achieving freedom in our lifetime.
It is indeed 54 years since the women's march, so where are we now It is a fact that, under the democratic state, space has been provided to deepen women's struggles for women's emancipation, not complaints?
As a country we have made progress to improve access to the judiciary; access to resources like clean water, sanitation and electricity; and access to education and health. Indeed, the democratic government has created an environment for the empowerment of women through a progressive Constitution and an enactment of gender-sensitive legislation - hon member Duncan, these things have happened. The democratic government has established programmes for women's development and enacted gender-sensitive laws. It has established women empowerment institutions - that is why you and I are here and we can really stand on this platform. [Applause.
Indeed, these advances have improved the quality of life and status of women. They have created a space for women's voices to be heard on matters of concern for their lives, their wellbeing and that of society; not complaints and insults against other parties.
The early years of the 21st century have seen great improvements...
in the absolute status of women with gender inequalities decreasing quite substantially in a number of sectoral areas such as education and health.
But, indeed, we will be the first to admit that a lot more still needs to be done. For instance, in the area of education, women and children's access to education is very critical, especially considering the world figures which say two thirds of children who have been denied primary education are girls, and 75% of the worst illiterate adults are women.
Whilst as a country we pride ourselves about the fact that this administration has prioritised education as an apex programme, and that we are doing very well with regard to Millennium Development Goals, MDGs, which call upon us to ensure that everybody, including girls, can complete the course of primary education, a lot still needs to be done. There is no tool for development more effective than the education of girls. No other policy other than education is likely to raise economic productivity, lower infant and maternal mortality, improve nutrition and promote health.
I agree with members who raised - Ntate Dikobo - concerns about violence against children because women, on an ongoing basis, have their movements limited, and they are in constant fear for their lives. Another area of concern which members have raised is that of poverty. Poverty is indeed being feminised. It is wearing dresses and has a woman's face.
Statistics by World Revolution in 2007 revealed that out of the 1,3 million people living in poverty around the world, 70% of them are women. Statistics after statistics give us a sad picture about the participation of women in the economy. We are told that, whilst women do 66% of the world's work, they earn less than 5% of its income in return. Again, indicators make startling observations that women work two thirds of the world's working hours, and produce half of the world's food. Yet, they earn only 10% of the world's income, and own less than 1% of the world's property. Women, in general, do not own the means of production and they still remain at the lowest rung in the job industry and the economy. This is part of the commitment we made in Millennium Development Goal 1, MDG 1, and we need to make progress.
I agree with members that our progress on the reduction of maternal mortality and child mortality is quite worrying. It is very disturbing that young women in their prime age are most affected, and hence the campaign on counseling and testing launched by the President and Minister Motsoaledi is meant to address precisely that. So, hon member Dudley, we don't say untruths. Termination has no link with maternal death. It is a burden of disease that has been scientifically proved by the Minister and statistics that it is the one that is dogging us and creating this high rate of maternal death. [Applause.
So don't run a campaign and spread untruths which are very dangerous for our young people. It has nothing to do with termination; it has much to do with the burden of disease, particularly HIV and diseases like high blood pressure and sugar diabetics. That is where the problem is, and that is what the Minister is trying to address. So let's not spread untrue rumours.
Mrs Ditshetelo, it's not true that we have high maternal deaths because of bad treatment in our hospitals. It's again the burden of disease that is confronting us as a country, which all of us have to take responsibility for and reverse. The reason that our health system is collapsing is the burden of bad disease. We have more sick people and sick children who are crowding hospitals. It has nothing to do with that. The truth is that all of us, as South Africans, should take responsibility, encourage everyone to go for counseling and testing and confront our biggest challenge - HIV/Aids and TB. That is what we need to do. [Applause.
Like the women of 1950, we have to work together as women. Let's not shout at each other and ask who was at the rally and who did what. It was an open rally, you could have come. If you chose not to come, don't make it anybody's problem. Let's work together as a collective and make sure that women join and participate in progressive structures. Let us also work with other women for transformation because it is in our unity that our strength lies.
We should take forward the campaigns on education; we should pay particular attention to the development of young women; and we should take the struggles to higher levels and stop bickering and saying all the unnecessary things. But, I must say, most speakers were really constructive and very encouraging. We must strengthen existing organisations, promote gender equality, and work together to ensure that the commitments made by government on the rights of women are implemented. Therefore I agree with my comrade and say, "Malibongwe!" [Praise!] [Applause.] [Time expired.
The House adjourned at 16:15.
Local Government: Municipal Systems Amendment Bill [B 22 - 2010] (National Assembly - sec 75).
Higher Education Laws Amendment Bill [B 24 - 2010] (National Assembly - sec 75).
Skills Development Levies Amendment Bill [B 25 - 2010] (National Assembly - sec 75).
Sectional Titles Schemes Management Bill [B 20 - 2010] (National Assembly - sec 76(1)).
Community Schemes Ombud Service Bill [B 21 - 2010] (National Assembly - sec 76(1)).
Higher Education and Training Laws Amendment Bill [B 26 - 2010] (National Assembly - sec 76(1)).
On 26 May 2010 the National Assembly adopted a Report of the Standing Committee on Appropriations on the Appropriation Bill (Announcements, Tablings and Committee Reports, 21 May 2010 p 1615). The Report inter alia recommended that: "A detailed project plan (schedule) for the implementation of the Money Bills Amendment Procedure and Related Matters Act be tabled in the House within 30 days by the Office of the Speaker". In accordance with this resolution a project plan should have been tabled by July.
However, given the number of stakeholders involved in the implementation of the Act and the fact that members have been away from Parliament since mid-June, the report can only be submitted by the end of August 2010. This will allow time for the necessary consultations on the matter.
Having been appointed by the Cabinet to chair the Inter-Ministerial Committee on Xenophobia, this letter serves to advise you that we held discussions as the committee on the 8th July 2010 to formulate a strategy to deal with this matter. We further urge the Speaker to ensure that all the political parties represented in the National Assembly to participate in Government-led programmes to deal with xenophobic threats.
Proactive facilitation of a societal dialogue: This has taken place in various areas around the country, comprising police, churches, community policing forums and NGOs. Communities need to blow the whistle against any criminals that are disguised behind xenophobia. Government has always and will always discourage covering up for criminals by community members. It also needs to be noted that the 2008 attacks against foreign nationals never spread to areas within Soweto and this can largely be attributed to a critical role played by community policing forums.
Extension of the 2010 Fifa World Cup National Joint Committee: The swift police and justice approach that was witnessed during the World Cup will be adopted and continued, to respond to this issue of attacks and any form of criminality. Quick investigation, tighter sentencing and law enforcement agencies will not hesitate to act speedily and decisively against anyone found to incite violent acts against foreign nationals.
Strict monitoring of proliferation of businesses owned by foreign nationals and lack of regulation thereof: These trends have now shifted from communities and moved towards smaller towns and rural areas. Once they settle in these areas, they then get involved in the informal economic sector. Most of the foreign nationals regard South Africa as a viable economic sector.
Review and derive lessons from the May-June 2008 incidents: We will utilise all the lessons learnt during this period to inform our approach going forward.
Reinforce civic education in society and within law enforcement agencies: This is not a new phenomenon but speaks to our approach of re-skilling and re-training the South African Police Service, ensuring we have officers who defend the weak, uphold the Constitution and are committed to fighting crime. The same approach will be escalated by Government across society.
Development of a Government communication strategy: The IMC noted and adopted, with immediate effect, that Government Communication and Information System (GCIS) will spearhead an effect and aggressive communication strategy to counter and mitigate the risk posed by the unbalanced media reports which still instill fear about possible attacks.
Government strategy, as outlined, is a multi-faceted plan to prevent any outbreak of violence against anyone, including foreign nationals, in South Africa.
Hope you find this in order.
Report of the Auditor-General to Parliament on an investigation at the Commission for Conciliation, Mediation and Arbitration (CCMA) - June 2010 [RP 193-2010].
General Notice No 654 published in Government Gazette No 33333 dated 29 June 2010: Publication of Implementation Guidelines: For general public comments, in terms of the National Environmental Management Act, 1998 (Act No 107 of 1998).
Government Notice No 579 published in Government Gazette No 33342 dated 2 July 2010: Model Air Quality Management By-law, in terms of the National Environmental Management Act, 1998 (Act No 107 of 1998).
General Notice No 677 published in Government Gazette No 33348 dated 2 July 2010: Bio-prospecting Benefit Sharing Agreement, in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
Government Notice No 596 published in Government Gazette No 33361 dated 7 July 2010: Bio-prospecting, Access and Benefit Sharing Regulations, 2008, in terms of the National Environmental Management Act, 1998 (Act No 107 of 1998).
2009-2010 Yearly Report to Parliament in terms of section 26(1) of the National Environmental Management Act (NEMA), 1998 (Act No 107 of 1998).
Strategic Plan of the Competition Commission for the period 1 April 2010 to 31 March 2013.
Strategic Plan of the Industrial Development Corporation of South Africa (Corporate Plan) for the period 1 April 2010 to 31 March 2013.
This serves to inform the National Assembly that I have extended the employment of eight hundred and fifty (850) members of the South African National Defence Force (SANDF) for service in fulfilment of the international obligations of the Republic of South Africa towards the United Nations (UN) and African Union (AU) as part of the AU/UN Hybrid Operation in Darfur (UNAMID).
Members of the SANDF were employed for service in fulfilment of the international obligations of the Republic of South Africa towards the UN and AU as part of UN/AU Hybrid Operation in Darfur. The employment of these members expired on 31 March 2010.
The SANDF's mission in the Darfur is not yet completed. The employment of 850 SANDF members is now extended from 01 April 2010 until 31 March 2011.
This serves to inform the National Assembly that I have employed seven thousand one hundred and twenty (7120) members of the South African National Defence Force (SANDF), to cooperate with the South African Police Services in the prevention and combating of crime and maintenance and preservation of law and order within the Republic of South Africa and to render support to government departments during the hosting of the 2010 FIFA world cup over the period of 26 May to 18 July 2010.
The Portfolio Committee on Water and Environmental Affairs, received briefings from the Department of Water (an overview of the oversight of water boards annual reports), and 13 water boards, which highlighted the achievements and challenges confronted in the previous financial year.
On the 26 January 2010, the Minister of Water Affairs tabled Umgeni-, Rand; Pelladrift -, Namakwa-, Albany Coast- Amatola -Bloem-, Bushbuckridge-, Lepelle Northern-, Magalies-, Overberg-, Sedibeng, Botshelo- and Mhlathuze Water Board. The annual reports were submitted with Financial Statements to Parliament in terms of Section 65 (1) (a) of the Public Finance Management Act 1999 (Act No. 1 of 1999).
The Portfolio Committee requested briefings and analysis of the Annual Reports of respective Water Boards for 2008/09. The meetings were held on 4 and 5 and on 18 May 2010.
Water boards are established and regulated by the Minister of the Department of Water and Environmental Affairs in terms of the Section 28 of the Water Services Act of 1997, the Public Finance Management Act, Treasury Regulations, Municipal Finance Management Act, the Division of Revenue Act, the Municipal Structures and Systems Act.
Section 39 of the Water Services Act, 1997.
Treasury regulation 29.2.
Corporate plan and projection of revenue, expenditure and borrowings.
Section 52 of the Public Finance Management Act, 1999 and Treasury Regulation 29.1.
Section 40 of the Water Services Act.
Treasury Regulation 29.3.1.
Section 44 of the Water Services Act and Section 55(1) (d) and 65 of the PFMA, 1999.
Section 42 of MFMA, 2003.
Treasury Regulation 33.3.1.
Treasury Regulation 28.3.1.
Water boards are separate legal institutions that have their own board of governance, own assets and are required to be self funding.
They are key strategic organisations that primarily provide bulk potable water services to water service authorities (municipalities), other water service institutions and major customers within a designated service area.
There are currently 12 water boards in South Africa namely Amotola, Bloem, Bushbuckridge, Lepelle Northern, Magalies, Mhlathuze, Namakwa, Overberg, Pelladrift, Rand, Sedibeng and Umgeni. There are two water boards that have been disestablished, namely Albany Coast and Ikangala.
The water boards vary in size, activities, customer mix, revenue base and capacity. Some have been around for more than 100 years; whilst others are still considered to be new or emerging.
Most of the older and more established water boards are centred on areas where there are significant urban development nodes (for example, Rand water, Umgeni Water, Bloem Water, etc.).
Some water boards operate in more demographically diversified areas where there is considerable urban or rural mix in the customer base.
Water boards service areas typically transcend the boundaries of individual water services authorities and in a number of cases, even provincial boundaries (for example, Rand Water supplies water to Gauteng, parts of Mpumalanga, the Free State and North West Province).
The Minister appoints board members and Chairpersons in terms of section 35(1) of the Water Services Act.
The board is accountable to the Minister.
The Minister signs a shareholders compact with water boards and raises issues of concern.
The Minister meets with new boards, when appointed and meets annually with the Chairpersons of water boards to discuss strategic issues.
The board members performance is assessed bi-annually via reports submitted to the Minister.
When the Minister took office in 2009, a task team to look at governance problems at the water boards and this process is expected to be complete by end of May 2010.
The responsibility for water and sanitation provision rests with the municipalities as the water services authority.
Water boards provide bulk treated water to municipalities (WSAs).
Water service authorities have a prerogative to either use the services of the water boards as water services providers or not. In some areas, there is no alternative, for example, in Gauteng. In other areas such as Gauteng, there is no alternative.
WSA's determine their capacity to do this by following a process in terms of section 78 of the Municipal Systems Act. If a WSA decides to use a water board, then a contract must be signed (section 19 of the Water Services Act), with regard to quantity, quality and the delivery point of water.
A model bulk water service provider contract (fair and balanced) was developed between the South African Association of Water Utilities and the South African Local Government Association for this purpose.
In some instances, water boards act as retail water and sanitation water services providers.
The financial performance of water boards are appraised through, inter alia, the annual reports.
The officials at the department provide the Minister with comments on the annual reports.
The Minister notes the content of annual reports and approves the tabling of annual reports in Parliament.
The department provides water boards with written comments and questions, with regard to their annual reports.
Individual meetings are held with those water boards where serious matters require attention or intervention.
Bushbuckridge Water (with emphasis of matter).
Namakwa (with emphasis of matter).
Botshelo Water received a disclaimer of opinion from the Auditor General as it was unable to obtain sufficient evidence to provide a basis for an audit opinion.
The financial performance of water boards is appraised through annual reports.
The Minister has noted the contents contained in the water boards annual reports and approved their tabling in Parliament.
The department has held individual meetings with those water boards where there were serious matters that needed attention or intervention.
The total bulk potable water supplied by water boards amounted to 2.39 billion kilolitres per annum.
The total authorised abstraction is 2.36 billion cubic metres.
There was under spending on CAPEX by an average of 14.5% by water boards, except for Rand, Sedibeng and Amatola.
Rand contributed 60% to the consolidated turn over, followed by Umgeni with 20% and 20% by the other 11 water boards.
Most water boards are financially sound to realise their short to medium term obligations.
No state guarantees issued to support their expansion of bulk infrastructure.
Several water boards obtained Blue drop certification on drinking water quality.
An excess of 5.4% profit was achieved for the year ended in June 2009.
The refurbishment and extension of infrastructure loan was required.
A number of water boards experience water quality problems.
Seven (7) Water Boards require additional authorizations for abstraction.
Two (2) Water Boards have debt/equity ratios exceeding 100%.
Five (5) Water Boards have surplus/revenue ratio of under 10%.
Namakwa and Pelladrift have net losses and are not financially sustainable - require solutions.
Staff retention and skills shortages are a problem at remotely located water boards.
Not all Water Services Authorities have Bulk Water Service Provider Contracts.
Trade receivables are generally high due to debt owed to water boards by some municipalities.
Failure of debtor's collection in weaker water boards affects viability.
Poor municipalities use equitable share for other purposes, even after water services are provided.
Audit the CAPEX plan to ensure that service delivery is secured over the medium to long term.
Namakwa will be provided with grant funding of R40 million (over three years from the current financial year) to refurbish infrastructure. Once this is done, consideration will be given to merge Namakwa with another water board to benefit from economies of scale.
As a short term measure, get support of National Treasury and CoGTA to mediate with municipalities for debt payment.
Botshelo operates and maintains water treatments in Ngaka Modiri Molema and Dr Ruth Segomotsi Mmpati and Ngaka Modiri Molema District Municipalities in the North West province in terms of a water services provider agreement. The board received a disclaimer with matters of emphasis, but information on the current interventions to turnaround the situation at Botshelo was presented. There had been 10 years of mismanagement in the area, but the continued support and oversight offered by the department would assist Botshelo to return to financial viability.
Completed water services provider agreements with district municipalities and serves as a Water Service Authorities (WSAs) to seven local municipalities. Their turnaround strategy was accepted by the WSAs and provincial government and the municipalities had accepted the proposed new tariffs.
The board successfully recruited qualified technical staff and successfully implemented its Turnaround Strategy and Plan, and Employee Wellness Programme.
Despite some challenges, water services were provided. Water supply to rural areas was achieved during the year under review with minimal outages and accurate and timely meter readings, together with municipalities' acceptance of billing procedures.
Delayed payments by Water Services Authorities and local municipalities, non-payment of debts and a failure by municipalities to circulate by-laws regarding unauthorized connections.
The non-ownership of water infrastructure by the board, insufficient funding to properly maintain infrastructure, as well as a lack of infrastructure to accommodate population growth.
Increase in Eskom tariffs.
An appraisal of facilities showed that security at most Botshelo facilities was lacking.
Owing to insufficient information on a number of audit items and balances, including insufficient audit confirmation by the Auditor General to comply with IFRS, GAAP and Auditing Standards, rights and obligations for property plant and equipment, ineffective systems for processing of leave pay, Botshelo had to address these issues. This was currently in process.
The income statement showed that turnover and gross profit both increased by 17%, (R75.4 Million to R88.4 Million) and that employee costs decreased by R2 million (5%) while other expenses decreased by R 7 million (38%). BWB was solvent and had a cash balance of R26 million and its debt to the Department of Water Affairs was reduced by R16 million. Its creditor's payment was 255 days.
Amatola is a state owned water utility established in November 1997 and in operation since 1998. Its area of operation is 45 794 sq.km. It has experienced growing regional presence with offices in East London, Queenstown, Port Elizabeth, Butterworth, Fort Beaufort and Sterkspruit. Its water production capacity was 102.74 megalitress of potable water per day. It was awarded Blue Drop certification at Peddie and Sandile Municipalities and it operates 32 works for Water Services Authorities in the Eastern Cape Province (including Amathole DM, Chris Hani DM). Following a directive by the Minister of Water and Environmental Affairs, the board has merged with Albany Coast. Amatola Water still operates schemes under the Department of Public Works that still need to be transferred to it.
A production capacity of 102.74 mega-litres of potable water per day.
Training of 90 female operators.
The establishment of a SANS ISO accredited laboratory in 2009.
The reduction of production and network losses from 5.15% to 3.76%.
A memorandum of understanding was concluded with both Rhodes and Fort Hare Universities.
It was a co-sponsor of the Drinking Water Quality Conference in Port Elizabeth in May 2009.
Ninety-nine percent (99%) of procurement was spent on Broad Based Black Economic Empowerment.
It recorded a total growth in revenue of 28%, with a net surplus of R9.72 million. Capital expenditure amounted to R21 million.
The board received a qualified audit due to non payment of debt by Chris Hani District Municipality.
A dramatic increase in business growth, a shortage of technical skills, capital funding shortfall, high input costs (e.g. raw water and electricity), grant dependent municipalities, low volume water supply schemes and short term support contracts with municipalities.
There had been a contract payment dispute, so a key account management approach was being implemented to strengthen relationships with municipalities. Ongoing marketing and relationship building with all district municipalities and key local municipalities were under way.
Sedibeng Water Board was established on 1 June 1979, mainly to serve the Free State Goldfields and parts of the former Western Transvaal. In 1996, its operational area was extended to include various other districts in the North West Province, as well as Central Free State and Eastern Free State. Under Proclamation 612 of 1996, Sedibeng Water also obtained managerial responsibility regarding the provision of essential services for certain districts in the North West Province. Since then, Sedibeng's area of responsibility increased from a mere 8,000 square km in the initial years to 86,000 square km, making Sedibeng one of the largest water services provider operating across 3 provinces (Free State, North West and Northern Cape).
Concluding numerous Service Level Agreements with various municipalities, while others were still under negotiation.
Major strategic achievements included financial viability and sustainability. The organization was financially sound and viable.
In some regions, revenue and surplus targets were exceeded.
Water loss was kept to a minimum and the water quality met Class 1 and 2 requirements.
R24 million was spent on refurbishment and maintenance of infrastructure.
BEEE expenditure was 81%.
There was scientific support to water and waste water treatment plants.
Sedibeng co-coordinated and managed the Free State Drought Relief Project.
Financial assistance was given to employees and there were 14 bursary holders.
Adult Basic Education and Training (ABET) was given to 77 employees.
There were 25 enrolments in learnership in water purification and process operation.
About 80% of the unemployed learners who participated in the above programme were absorbed within the organisation.
Experiential training was done with 9 students. Training was conducted according to the works skills development plan.
Staff turnover was kept at 7.35%.
The Free State region achieved a zero disabling injury rate for three consecutive years.
HIV/AIDS awareness campaigns were undertaken throughout the organisation. Voluntary counseling and testing was made available for employees.
The quality control laboratory maintained its accredited status after being audited by the South African National Accreditation Standards (SANAS) and an international auditor from the International Laboratory Accreditation Co-operation (ILAC).
Cost recovery from municipalities, a lack of willingness from Water Service Agreements to enter into a long term contract, insufficient funding hampering service delivery, high electricity tariffs, and poor raw water quality from the Vaal River, high purification cost and inadequate network capacity to some municipalities.
Sedibeng Water had another unqualified financial report for 2008/09. The board was solvent with R 374 194 million total revenue.
Rand Water is an organ of state reporting directly to the Department of Water Affairs. It is the largest water utility in Africa and is one of the largest in the world, providing bulk potable water to more than 11 million people in Gauteng, parts of Mpumalanga, the Free State and North West. The areas of service provision cover 18 000 km. Rand Water's distribution network includes over 3 056 km of large diameter pipeline, feeding 58 strategically located service reservoirs. The clients of Rand Water include metropolitan municipalities, local municipalities, mines and industries and it supplies, on average, 3 653 million litres of water daily.
Rand Water ploughed back a considerable amount into communities within its service area through its Corporate Social Investment (CSI) programme, which is managed through the Rand Water Foundation and its Corporate Social Responsibility Division.
The Race for Victory, an initiative of the Frances Volweg School in Johannesburg for learners with physical and learning disabilities.
The Vaal Echoes of Love Care Centre in Sharpeville, Vereeniging.
The Thembisile Hani Local Municipality's Siyathejana Project.
Rand Water has spent R2.6 million on donations to various non-profit organizations as part of its social responsibility initiatives this financial year.
Rand Water Foundation has supported nineteen Small, Medium and Micro Enterprises (SMMEs) to a combined value of R2, 9 million.
Sustainable tariff structure as the new tariff structure/methodology needed review.
Ageing infrastructure and rolling out CAPEX programmes within resource constraints.
Experiencing steep increases in input costs specifically in steel and energy.
Raising funds effectively in financial markets that are in turmoil.
Maintaining and improving Rand Water's credit profile.
Default risk by major municipalities.
Deteriorating raw water quality as a result of poor catchment management.
The board recorded revenue of R4 667 billion for 2009 and total assets of R7.9 billion. The gross margin decreased from 54% to 51%. Rand Water received an unqualified audit report. The board had a five-year CAPEX plan amounting to R8.6 billion that would focus on capacity creation and projects already in creation.
Umgeni Water was established in 1974 as a bulk water supplier in the province of KwaZulu-Natal. Umgeni Water is one of the largest catchments-based water utility in Southern Africa, with an operational gazetted area of 21 555 km² and infrastructure comprising of five dams, ten water works, four waste water works and about 514 km of pipelines.
Umgeni Water supplied 403 921 22 during the year under review. Its main customers included eThekwini Metropolitan Municipality, Illembe, Sisonke, Umgungundlovu and Ugu District Municipalities, and the Msunduzi and Mngeni Local Municipalities, amongst others. In addition Umgeni Water manages seven dams, of which five are on behalf of the Department of Water Affairs and two on behalf of Ugu District Municipality.
There were five projects under construction, including pump stations and pipelines.
Umgeni provided 47 schools with sanitation structures and 7 schools with running water.
Six thousand three hundred (6300) households were provided with sanitation and 50 people were trained in community health.
There were also projects in rural areas.
The board also provided strategic support to local government and worked with OR Tambo District Municipality to develop infrastructure plans for local municipalities.
Umgeni increased its profit by 34%, from R393 million in 2008 to R527 million in 2009.
There was a 6% increase in bulk water revenue owing to a 3% growth in volume. Umgeni also implemented a 3% tariff increase on bulk water.
Umgeni Water achieved a positive operating performance and improved its financial position, which resulted in an efficient water service delivery at affordable prices. Overall, average waste water quality compliance from four treatment works was more than 80%. The water produced from water works and sold to municipalities complied with all the regulated standards for drinking water (SANS 241).
The board experienced a number of problems associated with raising of cash or loans under tight market conditions, water resource inadequacy, climate change, raw water quality and the sustainable funding of rural development.
The water board received an unqualified audit report and all its statutory requirements had been met. The total Capital Expenditure (CAPEX) for the year was R237 million. R219 million of this was spent on projects under the construction phase and R101 million was spent on planned maintenance of infrastructure. Umgeni Water's total debt consisted of the bond of R974 million and Development Bank of South Africa (DBSA) loans of R 964 million.
The Namakwa Water Board provides potable water for domestic consumption to the towns of Steinkopf, Bulletrap, Nababeep, Okiep, Carolusberg, Concordia, Springbok, Kleinzee, as well as to the De Beers mining operation in the Namaqualand region. The Water Service Authority (WSA) in the area is the Nama Khoi Municipality.
The Namakwa Water Board provides potable water of more than 3 000 000 kilolitres (kl) yearly, distributed by pipelines in excess of 200 km. However, the 200 km distribution pipes are very old - most have been in place for 32 years. So far only 20 km of the 200 km long pipelines have been replaced.
Delivering water to communities, despite all the challenges facing the Board.
Contained costs notwithstanding Eskom tariff hikes.
Short term financial assistance would help pay Eskom and other suppliers. Pumping water from the Orange River was expensive. The board also experienced challenges with high Eskom tariffs, a declining consumer base and aged and labour-intensive infrastructure. The board was unable to secure short term financial assistance to pay suppliers such as (Eskom and others) and its employees salaries.
The metering equipment needs to be replaced.
The communication and telemetric control between reservoirs and pump stations needed to be replaced.
The housing for operators needed upgrading.
Vehicles for technical and repair personnel needed to be replaced.
The lifting equipment on the trucks needs to be repaired.
Access roads need to be upgraded as the pipeline was not accessible for repairs.
Owing to a loss of R1 506 461 incurred in June 2009, the boards annual report recorded a qualification from independent auditors. Although the board was still solvent, there is doubt as to the entity's capability, while debts had increased and profitability and liquidity remained issues. Owing to a number of factors, including the cessation of mining in the area, an increase in overheads and a decrease in amounts of water sold, the board was no longer financially viable. The urgent replacement of some infrastructure was needed to continue with service delivery. The Namakwa Water Board incurred a net loss for the year ended 30 June 2009 of R15 064 61. The Board's accumulated loss as at that date was R13 835 189. There exists significant doubt on the entity's ability to continue as a going concern. The debtor's days were sitting at 59 days in 2009.
Bushbuckridge water was established in 1997 in accordance with Water Services Act to provide water services to other water service institutions. The supply area of Bushbuckridge Water includes Bushbuckridge Local Municipality and the Nsikazi area in the Mbombela Local Municipality. These areas are characterised as mainly rural comprising small and dense villages. The area has a high population growth, low economic growth, high unemployment rate, remote and scattered villages, and high poverty levels. The board supplied 60.6 l/ca to Bushbuckridge Municipality and 114.3 l/ca to Mbombela local municipality.
The board provided an 85% drinking water quality and there was an improvement in organizational development, as well as 7% increase in potable water supply.
The board worked to strengthen the organisational capacity by filling critical vacancies, increasing efforts in training and educating staff.
There were also improvements on good governance through improved legislation compliance, and improvements in stakeholder relations and organized labour movements. Bushbuckridge Water aimed to provide sustainable water and sanitation services.
There were issues of debt recovery owing to a lack of long term Service Level Agreements (SLAs) with municipalities.
A lack of integrated planning between stakeholders within the sector.
There was also a problem created by the transfer of infrastructure not being finalised by the Department of Water Affairs.
There was a chance of the board becoming insolvent hence Rand Water has been requested by the Minister of Water and Environmental Affairs to assist the board for a period of six months.
The external audit noted a lack of recovery of invoiced amounts. Assets were transferred to Bushbuckridge Water without the transfer of ownership. R 644 654 was outstanding, while the board had exceeded its borrowing limits by R196 000. Furthermore, the board lacked a performance framework.
Bloem was established as a water board in 1991, with the mandate to provide water services to the southern and central areas of the Free State. The district municipalities serviced are Motheo and Xhariep. The local municipalities of Mangaung, Kopanong, Mantsopa and Naledi also fall under their service area.
Ensuring universal access to safe and affordable basic water.
Managing financial affairs to meet current and future obligations.
Building, operating and maintaining infrastructure.
Ensuring sustainable and equitable water resources management.
Transformation and alignment towards an effective institution.
Providing potable water on a continuous basis.
Proper implementation of preventative maintenance programs.
Proper and timely implementation of demand and CAPEX plans.
Improving the ratio of assets to water provision.
Render support services to stakeholders, including community projects.
Rendering water supply chain services with stakeholders through partnerships.
Skills development initiatives - internally and externally.
An outstanding municipal debt of R30 and 12 million by Mangaung and Naledi Municipalities respectively.
CAPEX and operational demands due to a directive to reduce tariff increase by 5% by the then Minister of Water Affairs, Ms Hendricks in 2009 would impact on future requirements and decrease future volume demands.
Lack of funding to local municipalities.
Operation and maintenance posed problems.
There was no qualification on Bloem Water's external audit report. Current assets were marginally higher than the budget. There was continued solvency and ongoing liquidity. Cash positions remained stable. Debt ratios remained high due to CAPEX requirements. Water sales were lower than budgeted for. Bloem Water streamlined the pension fund in terms of funding the deficit. There was a net profit of R44.2 million, of which R42.8 million was transferred to capital replacement and development fund as well as the insurance fund.
The board currently operates three water service treatments works. The area serviced by the Overberg Water Board is predominantly agricultural in nature. There are a few minor industries and mining industries among the other economic sectors serviced by the board.
The board was able to conduct its business on a fairly sustainable basis.
It has commenced a much needed refurbishment programme to modernise its infrastructure and to minimise risks. The main pump stations at two of its schemes have been completed. Currently, a third scheme makes it in a position to achieve substantial energy savings as high as 16%.
The board has also commenced with a modernising/expansion programme by making use of 'green' technology. One of first, if not the first, ultra filtration plant in the country is currently being installed at the Rûensveld East plant.
Maintaining the current level of service delivery become problematic due to the present economic state in the country.
Rapidly rising input costs, that is, the cost of energy, chemicals, transport and human resources as well as the declining ability of users to pay for services.
Agreements with municipalities limit the boards plan for the future as they do not know how costs would be recovered.
Some users apply for water allocations, and once it is done, they do not use the water, causing a loss of income for the board.
There is a need to increase the network.
Irrigation canals are in a bad state of repair.
Asbestos pipes are causing a major health risk and have to be replaced.
Racial and gender issues are problematic but are addressed.
The board is financially sound. It achieved a total net income of R2.4 million for the 2008/09 financial year. From this income, however, it paid its loan of R1.2 million to the Department of Water Affairs. Changes in working capital of R1 million had to be financed and this left very little money to add to the reserve.
Its debtor's day is at 73 days. The major portion of capital employed came from equity - 59%. The other big contributor was an interest free loan from the Department of Water Affairs. This loan was made with the initial take-over of the plants from government. The major portion of its capital employed in PPE (property, plant and equipment) amounted to 59%. The next big portion of 33% was in cash and investment.
The Magalies Water Board operates in the provincial areas of North West, Limpopo and Gauteng, and its head office is based in Rustenburg in the North West Province. Its operational area covers 42 000 km2 through the Crocodile and Olifants major catchments. The Magalies Water serves more than 10 local and district municipalities, which include Moses Kotane, Kgetlengrivier, Madibeng, Moretele and Rustenburg in the Bojanala Platinum District Municipality in North West; Thabazimbi, Modimolle and Bela-bela Municipalities in the Waterberg District Municipal area in Limpopo; the City of Tshwane Metropolitan Municipality (CoT), as well as Nokeng Tsa Taemane Local Municipality in Gauteng. Magalies Water operates 7 Water Treatment Works (WTW) and 4 Sewage Treatment Works (STW). Some of the treatment works are owned by Magalies Water while other works are operated by Magalies Water on behalf of the Rustenburg Water Services Trust (RWST) or the Roodeplaat Temba Water Services Trust (RTWST).
The board obtained water quality compliance of SANS 241 Class 1 = 99, 3% and SANS 241 Class 2 = 100% despite deteriorating raw water quality in our catchments.
Appointment of engineers for operations and maintenance of water and waste water purification plant on behalf of municipalities.
Appointment of a board to provide strategic support.
Completion of Drought Relief Programmes on behalf of Department of Water Affairs in the Municipalities.
Reduction of plant losses to below 5%.
Retaining ISO 14001 certification.
Participated in 2010 water security plan for host city in Rustenburg.
Conducting first customer service study to advance customer-centric approach and Batho Pele principles.
Effecting administered prices on long term sustainability of the board.
Promoting affordability to end consumers. However, municipalities were not passing the benefits to end consumers.
Cost drivers increased by more than the government Inflation target of 3%-6%, for example, electricity, chemicals, and raw water costs.
Meeting an increased regional domestic and industrial bulk water demand posed a challenge.
Refurbishment of Pilanesberg Water supply scheme (additional 70ML/day to total value of R1.2b).
Marikana-Mooinooi water supply scheme also needed upgrade (additional estimated 90-120ML/day).
The board achieved an unqualified audit report and has no current long term borrowings. Borrowings would be considered if there was a cost recovery mechanism in place. However, Magalies Water has committed to the Pilanesberg Scheme that would require additional funding requirements, for example the scheme exceeds current borrowing limits of R161m.
R400 million. The board sold 74 983 428kl volumes of water in 2009 and their debt collection days were sitting at 117 compared to 88 days in 2008.
Lepelle Northern Water (LNW) Board was established in 1997 consistent with the provisions of the Water Service Act, 1997. The scope of the Lepelle Northern Water covers Hoedspruit and Sekhukhune in the South Mogalakwena municipal area in the west and extends to Capricorn, Vhembe and Mopani district municipal areas.
Provision of free basic water service to 11 949 households.
Water demand management, continued upgrade of telemetry systems and water losses averaging only 3.5% on bulk.
Turnaround strategy implementation was successful on cost recovery.
Billing and meter reading support.
Successful re-commissioning of underground water supply.
Service delivery challenges included ageing infrastructures, exceeding abstraction permits, over laden treatment plant, deteriorating raw water quality, outstanding bulk service contract in Mopani, and outstanding debtors by municipalities.
In terms of reticulation, there was a lack of effective cost recovery, water conservation and demand management, ageing internal reticulation infrastructure, default on payment by consumers, lack of maintenance, and unauthorised or illegal connections.
Lepelle's external audit report for the financial year 2008/09 was unqualified. Its total revenue amounted to R226 900 million and a net surplus of R40, 823 million. A way forward encompassed the following: concluding outstanding bulk water services contracts, resolving outstanding debt and late payment, rehabilitating and maintaining infrastructure, supporting municipalities (with cost recovery, water conservation, and demand management strategies), building capacity, planning retention and succession and intensifying technical support to municipalities.
Mhlathuze Water Board is one of the leading water utilities in South Africa, providing a world-class service to its customers. The organisation's commitment and focused direction in providing safe and dependable water services are indicative of its consistent success. This organisation is based in the KwaZulu-Natal Province. Its area of supply covers about 37,000km² stretching from the Thukela River in the South Coast and up the East Coast to the Mozambique and Swaziland borders, around Vryheid and back to the Thukela River. Within this region, Mhlathuze Water has built and operates an inter-basin transfer, major water treatment plants, an offshore waste water disposal pipeline and it operates treatment and sewerage plants on an agency basis for local municipalities.
While Mhlathuze Water Board's operational area and status have changed over the years, it largely continues to perform its activities of operating an inter-basin transfer scheme, treatment plants, an off-shore waste water disposal system and bulk water supply systems focusing on the Richards Bay area.
Successful partnership with the Department of Education and the Department of Water Affairs on the School Water Services Programme.
Completion of the draft Water Regional Master Plan covering numerous municipalities.
A partnership with uThungulu for the Middledrift Scheme project had been established.
There were negotiations with municipalities to expand Mhlathuze's water services.
Tenders were submitted for the upgrade and maintenance of KwaDukuza Wastewater Treatment Plant.
Mhlathuze's area of operation is largely rural and poverty stricken, with unemployed people who are unable to pay for services. There are few big businesses operating in the area with fewer prospects in attracting skills. Challenges included debt recovery issues, and contract expiry, lack of development and ageing infrastructure, poor access to water due to low rainfall and the global recession, while poorer municipalities impacted on tariff negotiations.
The audit report was unqualified with no matters of emphasis.
In terms of revenue, there was an R34, 357(25%) increase attributable to 3.6% (32%) mega-litres increase in raw water volumes and increased off-take by Richards Bay Minerals.
Debtor collection days remained at 56.7.
Expenditure saw a 27% increase attributable to increases in staff costs, energy and maintenance.
Depreciation also contributed by way of the B-Line Diffuser replacement project.
Extraordinary expenditure was due to the Corporate Social Investment (CSI) project.
R12 million was used to assist uMgungundlovu District Municipality.
An investigation by the Special Investigating Unit (SIU) was instituted on the affairs of Mhlathuze Water as per the President's proclamation: (Proclamation No. R.35, 2008) A report had not been released yet.
Owing to numerous challenges facing Albany Coast, a Ministerial directive was issued for Amatola Water to take over the operations, leading to its disestablishment.
Expenditure had exceeded the income.
There was a lack of maintenance and planning.
Tariffs did not provide for capital needs and seasonal demand was not met.
Limited cash reserves impacted on operational costs.
Although Albany Coast recieved an unqualified audit from the Auditor General for 2008/9 financial period, it was insolvent. In 2008, it had deficit of R184 125 and in 2009, this was at R1 059 050.
Total equity and liabilities 2008- R9 847 301.
Total equity and liabilities 2009- R10 245 435.
Long terms debts- R 124 785.
Short term debts- R 420 000.
Pelladrift Water Board has been in existence since 1980. It provides bulk water to BMM and Khai-Ma: Aggeneys, Pella, Pofadder, Onseepkans and to several neighbouring farmers, such as 'Oasis in the Wilderness' Guesthouse and game farm.
The board was established in accordance with the provisions of Water Services Act. Its main purpose was the establishment of sustainable water supply to the Black Mountain Mine and surrounding areas. In 2007, it concluded a Service Level Agreement with Khai-Ma Local Municipality. To date, supply interruptions guaranteed to be less than 36 hours and notice to interruptions are provided at least 1-2 weeks prior, else preferably 1 month in advance.
The board did not plan to borrow any money in the near future.
Revenue will increase with new tariffs.
Black Mountain Mine accepted an 8% tariff increase in 2009.
Khai-Ma accepted a 7% tariff increase whilst 18% was requested, due to its indigent status.
Municipal rates will need to be increased over the next 5 years, and Khai-Ma is considering 20% for the next 3 years.
Pelladrift Water would fund R19 million capital refurbishments projects in the 2009/10 financial year.
The board expected to achieve accounting breakeven and retain positive cash flow by 2012.
Annual reports of the water boards showed a declining profitability.
Tariffs did not reflect costs and so costs seemed to grow more than revenue.
Bad debt had increased, while water volume had increased only in a modest amount.
Therefore there was a lower surplus to fund capital.
Owing to high creditor fees, there was a high debt ratio.
The majority of the water boards could not sustain high debt levels, due to declining profitability, low reserves and weak cash flows.
Debt repayment by and performance of municipalities.
The relationship between water boards and municipalities and their roles, incompetent service providers, infrastructure maintenance backlogs, inadequate financial provision for free basic services, corruption and nepotism. Furthermore, some municipalities provided water services, but were not viable as Water Service Authorities.
With regards to financial performance of the water boards, SALGA noted that investment in fixed assets would be financed through increased debt, but there were no plans to receive further capitalisation from shareholders, thereby resulting in interest cost increases and pressure on water boards to service debt repayments. This would then affect Bulk Water Tariffs.
The boards' funding models needed to be reviewed. It was suggested that the water boards were operating less efficiently over time which was in turn affecting the Water Service Authorities, resulting in an increase in water tariffs of +10% above PPI. Other increases included staff costs, chemical price and significant energy costs.
SALGA recommended a PPI plus 3% for both raw water and bulk potable water increases for the Department of Water Affairs and water boards requesting increases above this level. The scrutiny for this proposal should be carried out before 1 July 2010 and a pricing policy water services value chain would be completed during the 2010/11 financial year. The roles of boards' shareholders and the water sector regulators had to be urgently established by the Minister as the department currently played both roles (regulator and implementer).
Namakwa Water was in the same position as the previous year. This was considered alarming, while the quality of water in that area was exceptionally poor. Urgent intervention was required and special attention from the department was requested. The committee would re-examine the issues raised in six months' time. Miscommunications surrounding the Namakwa situation seemed prevalent.
Appointment of councilors to serve on boards was problematic.
Ageing infrastructure backlogs.
There was no money collection document or policy for credit control to guide the municipalities.
The R23 billion backlogs in Gauteng for bulk sanitation were called into question, as was the Minister's announcement of the R23 billion country-wide backlogs, which was considered to be an underestimate.
Proposed legislative amendments to resolve disputes arising from assignment of powers and functions between national and local government (including basic services).
An investigation and discussions is required regarding the apparent duplication of activities between water boards and water service authorities to determine best way forward.
On 4 and 5 May 2010, the Portfolio Committee on Water and Environmental Affairs received briefings from Department of Water and Environmental Affairs, SALGA, National Treasury and 14 water boards, comprising Amatola, Botshelo, Bloem, Bushbuckridge, Lepelle Northern, Magalies, Mhlathuze, Namakwa, Overberg, Pelladrift, Rand, Sedibeng, Umgeni and Albany Coast.
Water boards are established according to Section 28 of the Water Services Act, as separate legal institutions. The boards comprise board members to oversee the governance issues and assets and are required to be financially viable. The boards are also governed by other pieces of legislations such as the Public Finance Management Act, the Division of Revenue Act, the Municipal Finance Management Act and the Municipal Structures Act. Water boards are mainly mandated to provide bulk potable water to municipalities, customers and other water institutions within a designated area.
Raw water tariffs are set in terms of the pricing strategy by the water boards. According to Section 42 of the Municipal Finance Management Act, water boards must consult with the municipalities on their proposed tariffs increases and also request National Treasury and SALGA to provide written comments.
The proposed tariff increases must be tabled in Parliament by the Minister of Water and Environmental Affairs on or before 15 March of each year so as to take effect on 1 July of each year. Neither the Minister nor Parliament has the mandate to approve or reject the proposed tariffs.
There were late submissions of written comments by SALGA to the boards.
Stringent timeframes and lack of capacity posed problems for municipalities to provide meaningful comments.
Consultation processes as contemplated under section 42 of the MFMA does not require consent, concurrence or agreement.
In the last financial year, many municipalities did not pass on the reduction of tariff increases to the end-users.
Equitable share, aimed at subsidizing the indigent, was often not used by municipalities for the intended purposes and as a result, many municipalities did not pay their water debt on time.
A three year tariff cycle would reduce the administrative burden.
Water boards met timelines for consultation in terms of the provision of the MFMA.
Submissions of documentation confirming evidence of consultation by water boards with municipalities (customers), was also provided.
Feedback from National Treasury, SALGA and municipalities, was timeously provided. As a result, the minister tabled tariff increases by the set deadline of 15 March.
All the boards were financially sound, except Namakwa and Bushbuckridge.
The increase would allow water boards to finance future CAPEX and be less reliant on loans.
Over the next five years, the CAPEX is estimated to exceed R10 billion, whilst the total cash reserves amounted to R4.4 billion, and the total debt was R3.9 billion. The borrowing to finance CAPEX was estimated at R5.7 billion. Partial funding of CAPEX would allow for the smooth inception of tariffs, specifically in the initial years when the newly funded infrastructure is not fully utilised.
Pressure to reduce tariffs could result in a higher level of borrowing, which would effectively increase tariffs to unaffordable levels in the future.
From an operational point of view, the increase in energy, chemicals and labour costs has resulted in tariff increases, which will ensure sustainability of water boards and lower prices to customers.
The consultation process was met with the relevant organisations as prescribed by the legislation. Amatola Water can absorb increases between 10% and 15%. The Department of Water Affairs advanced R2.7 million to assist with refurbishment. Plant refurbishment has a 10-year maintenance contract factored into it. Furthermore, electrical power saving methodologies has been implemented and there was potential to increase water volumes through private eco estate and housing needs of Ndlambe.
Amathole and Buffalo City municipalities agreed to 8.8 % increase in December 2009, as well as with National Treasury and SALGA in 2010. The recent merger with Albany Coast Water Board as result of non-viability of the entity into Amatola could provide of the necessary economies of scale. The board needs to borrow R100 million for its CAPEX Programmes and explore other forms of funding.
Municipalities agreed to a 10% increase and above which was accepted by the National Treasury. Tariff increases for 2010/11 reflected an increase of 7% before reduction of tariffs for 2009/10 by 5%. Expected increases for inflation were higher, while operational and maintenance expenditure was also higher. The proposed tariff resulted in the downscaling of required CAPEX projects. It also impacted on National Treasury requirements regarding the debt service ratios.
Botshelo Water Board proposed a 16% increase on the proposed tariff for 2010 to cater for electricity, maintenance, security and chemical price increases. Botshelo incurred what was perceived to be a relatively high charge of R1.67 per kilo litre at the major plants of Mafikeng and Mmabatho. In order to discuss the tariff, Botshelo held a consultative meeting with its three bulk water clients and the outcome was submitted to National Treasury for approval. The R 3.80 tariff would enable Botshelo Water to fulfil its functions, obligations and duties and would ensure security and sustainability of the plants and water provision. The majority of end users in Botshelo jurisdiction had access to 6 kl of Free Basic Water (FBW) per household per month and was likely to remain unchanged. Impacts of the tariff could be off-set by better control of water losses and improved cost recovery on the part of municipalities.
In an effort to recover costs and make the Board financially viable, proposed tariffs would off-set the costs of raw water charges and costs relating to staff, labour, energy, chemicals and maintenance. The proposed tariff for 2010 was R3.45 which consisted of a fixed cost component (salaries and administration) as well as a variable cost component (raw water, electricity, chemicals and maintenance). This would be reviewed in 2010/11. A proposed tariff increase of 12.46% would be imposed for the period July 2010 -June 2011 and was lower than the sector average increase.
Factors for tariff increase include; Increase in raw water charges, increase in electricity costs, labour costs and capital investments.
The Board considered numerous factors in determining the varying tariff increases. The operational costs were determined by the costs of raw water, staff and labour costs, electricity costs, cost of chemicals, maintenance costs, refurbishment costs and depreciation. Challenges in the tariff setting included the tumultuous economy and the reduction of consumer activities, which impacted the Capex programmes. Consumers opposed the tariff increases and municipalities could not afford the implementation of the Capex programmes.
The department requested a 12.6% tariff to the supply of bulk water.
10% for effluent.
The department approved tariff as proposed.
Negative economic conditions experienced by client played a major factor during the consultative process.
A lower rate was expected by the Board's clients.
But, the tariffs were proposed due to aging infrastructure which requires high capital expenditure; capital cost to be recovered through tariffs over 20 years; high energy cost increases, customer contracts; and unresolved objections to tariff increase.
The NWB requested a 43% increase on tariffs. The tariff would be R9.14 and the shortfall would be 81 cents. During consultation processes, the Nama Khoi Municipality requested a 10% tariff increase. The Department of Water Affairs approved the 43% tariff increase and urged the NWB to bring the increase closer to 12%.
The higher the water use, the higher the unit cost of the tariff. The use on the sliding scale is based on the number of households as supplied by and agreed with the municipality.
The tariff set by the Board includes 26% increase due to increases in electricity costs and 7 % increase in raw water tariffs, salaries and aging infrastructure.
The RWB proposed a tariff increment of 14.1%, which was based on the cost of raw water, chemicals and other costs. The increase was approved by National Treasury and Department of Water Affairs, but tough negotiations with customers were expected and an independent regulator was requested to assist in this regard.
The 12% tariff increase is recommended for maintenance and operating of the infrastructure and assets. The tariff increase considers the possibility of enhancing the financial viability of the organisation in order to generate sufficient revenue to continue with the development of water infrastructure whilst operating and maintaining the existing one. The Board constantly invests and considers activities that seek to acquire more assets and assist in the operation and maintenance of water infrastructure as it focus on developing water supply services to the communities.
After consulting with relevant people, Umgeni Water presented two tariff options. Consultations with the South African Local Government Association (SALGA) and the National Treasury with a 6.5% tariff increase resulted in a final submission to the Minister of Water and Environmental Affairs on 25 January 2009, which was later tabled in Parliament in 2010.
The role of SALGA is to represent, promote and protect the interests of local government in the water and environmental sectors.
Late debt repayment to water boards by municipalities.
Poor performance by municipalities.
Corruption and nepotism resulting in the appointment of incompetent service providers.
Poor infrastructure maintenance.
Indecisiveness and/or bad decisions, for example, long term decisions regarding institutional arrangements for providing services.
Legislation has become a list of suggestions with no consequences for non-compliance.
Inadequate financial provision for free basic services for the poor.
The majority of Water Services Authorities operated their water distribution businesses at a deficit or at break-even.
Inadequate financial provision for free basic services to the poor - providing for fewer at less than the cost of providing the service to a household.
The Department of Water Affairs has obtained approval for price increases, which were significantly higher than those anticipated in business plans of water boards. It is therefore necessary to review the raw water tariff applied by the department, especially the Raw Water Pricing Policy and phasing of raw water increases, specifically the portion of increases which relate to accounting adjustments to the value of fixed assets.
There should be a revision of proposed pricing for 2010/11 downwards, to PPI plus 3% and therefore phase in increases to meet the required return on assets over a longer period.
The investment in fixed assets was, according to the business plans, to be financed through increased debt and there were no plans made to receive further capitalisation or equity injection from the shareholder. This, according to the Water Services Authority, would result in severe increases in interest costs and it created severe pressure on many water boards to service debt repayments going forward. Both of these factors would create upward pressure on bulk water tariffs. Therefore, there should be a review of the funding models of the water boards; especially their apparent overdependence on debt financing and these impacts on bulk water tariffs.
In light of increases in energy, labour and chemicals, SALGA was of the view that the regulator carefully scrutinise the operating expenses of water boards before making decisions on the proposed tariffs.
Most of the water boards reported a decline in their raw water quality due to pollution and contamination of the river systems by industrial, agricultural, and by human waste entering the rivers. This resulted in expensive disinfection and purification measures, which increases the cost of potable water to the municipalities. There was a need for the department to protect the national resource from such degradation and local government would also assist.
A PPI, plus 3% be allowed for both raw water and bulk potable water increases. This should be allowed for the department and all water boards that have requested increases that are above this level.
There should be a thorough scrutiny on proposed submissions carried out for each water board during the 2010/11 financial year in order to determine appropriate increases for specific water boards in the future.
A pricing policy for the entire water services value chain be completed during the 2010/11 financial year.
The minister moves speedily to establish an institutional separation between the water boards' shareholder role and the water sector regulator role, which are currently both played by the department. This makes the department both a referee and a player at the same time.
The department should facilitate the implementation of appropriate long-term institutional mechanisms for sustainable service delivery.
A need exists to clarify the role of local government in Integrated Water Resource Management and facilitate effective participation of municipalities in Catchment Management Areas.
More advice and guidance is required with regards to improving local regulation of service provision.
Facilitate identification and implementation of priority interventions to improve water and waste water quality management by municipalities.
Develop a guide towards a transparent and appropriate water tariff determination methodology.
National Treasury outlined the legislative framework followed by water boards when submitting their proposed water tariff process.
Motivation for the reasons for the increase.
The way in which inflation targets will be met.
Other macro-economic policy considerations.
Steps taken to improve its competitiveness or efficiency to reduce costs.
Other objectives or targets in any corporate or other governance plan.
National Treasury noted that in most instances, the submissions by water boards are often not detailed enough to provide for the requisite analysis. Corporate plans and Section 42 applications were often contradictory.
National Treasury supported the decision of the Minister of Water Affairs to merge Albany Coast with Amatola.
Namakwa's situation was not sustainable; therefore an alternative long term solution needs to be considered.
The Local Government Equitable Share (unconditional grant) should be ring fenced to enable municipalities to provide free basic services to poor households.
With regards to monitoring payments for bulk water supply by municipality, National Treasury followed Sections 41 and 44 of the MFMA whereby water boards must, within 15 days after end of each month, report on amounts to be paid by municipalities for bulk resource, and arrears owing by municipalities and age profiles of such arrears.
National Treasury also reported that it engaged with municipalities and water boards to facilitate settlement of disputes and payments. National Treasury has issued guidance to all water boards on mechanisms and processes to be followed in order to resolve disputes of a financial nature. For example, it assisted the following boards, Bushbuckridge, Sedibeng, Lepelle, Bloem and Rand to recoup their money from municipalities.
Non-existence or poorly drafted service level agreement between water boards and municipalities should be reviewed.
Misalignment of water service authority functions, between district and local municipalities should be corrected.
There should be stringent enforcement credit control policy by boards on municipalities delaying payment.
There is a need to strengthen the roles of sector departments in a co-ordinated manner.
The Department of Water Affairs should provide assistance to parties with service level agreement and technical issues related to water meters.
Improve oversight over water boards and enforcement of credit control policies.
The Department of Corporative Governance and Traditional Affairs must assist with authorisation of water services powers and functions.
The failure by municipalities to repay the money owed to the water boards posed concerns. There were concerns around the R1.4 billion municipal debt that was still outstanding. There was a concern that the figure was just getting bigger. This was problematic, as approximately R535 million of the R1.4 billion, was a debt comprising more than 120 days. There was a need for the department to develop mechanisms to deal with the matter.
The minister had issued a directive for certain water boards to take over the provision of bulk water to municipalities. This was the case of Amatola Water.
In some instances, there was no consensus between SALGA and the Department of Water Affairs, to finalise the proposed water tariffs for 2010.
Concerns were raised around the clauses in the Municipal Finance Management Act which deprives parliament and the minister to approve or reject water tariffs; whereas they have a bearing to the poor communities the members are serving.
There should be further engagement between the department and SALGA to reach consensus on the proposed water tariffs increases each year.
National Treasury should pay special attention on how municipalities were utilising their Equitable Share funding allocations. It seemed that the funding was being utilised for their operations, instead of prioritising infrastructure.
Report of the Portfolio Committee on Water and Environmental Affairs of the Water Institute of Southern Africa Conference (WISA) 20 July 2010 1.
A holistic focus on water issues is central to sustainable development and poverty reduction agendas. Members of the committee attended this conference in Durban on 18 - 21 April 2010 to achieve a greater understanding of the current issues in the field of water and sanitation. The conference comprised water service specialists, business and academia and the members gained knowledge that was current and relevant to the strategic objectives of the work of the committee.
Discussions amongst sector policy makers, water sector professions, government departments, state entities, civil society, educational and research institutions on issues related to integration, application of scientific engineering, knowledge and skills in water sector management.
Water is high on the global agenda because it is key to social and economic development, and therefore also important on the South African agenda. All sectors are dependent on water. The Industrial Policy for South Africa also recognises the importance of water in its economic sense.
Although South Africa has not done well in achieving the Millennium Development Goals of halving the backlogs by 2015, it has succeeded in providing water and sanitation to many poor households by 2005. However, there are still people without clean and potable water, therefore service delivery efforts need to be increased to ensure universal access.
Water security involves diligent planning, and management of the water cycle including the effects of climate change and monitoring. Scarce water resources impacts on social and economic development. This requires water use efficiency and water demand management at all levels, as well as the re-use of water, including getting people aware of water conservation as a way of life.
The poor quality of the water resources impacts on our environment, the quality of life and the economy. Various interventions were undertaken including the Local Government Turnaround Strategy, the Wastewater Treatment Plants Intervention Programme, improved monitoring and auditing.
Acid mine drainage remains a worrying factor. There is a need for appropriate long term solutions to effectively control and manage this, including smart technologies, improved governance and sector accountability, ownership and commitment.
Due to ageing infrastructure, most completed projects are not functional or rather water is not coming out of the taps due to ageing infrastructure and other technical problems.
There is a need to reflect on how to speed up water delivery for consumption, poverty alleviation and economic development. A realistic reflection will be achieved only if delegates were honest about the challenges faced by the sector, not wasting time pointing fingers, and by being defensive. It was important to reach a consensus about the sector challenges and that should be used as a means for future planning and turnaround strategy.
This paper focused on wastewater quality management as a key component of catchment management. This concept illustrated three catchments namely, the Vaal River, the Mvoti to Mzimkulu River and the Great and Little Lotus rivers catchments. It also covered various aspects ranging from wastewater quality management, policies, legislation and enforcement, as well as the variety of catchments management practices. The presentation also highlighted lessons learnt and proposals for future priorities and needs for optimizing wastewater quality management.
There are currently 19 water management areas in South Africa. The establishment is stipulated in the National Water Act by the creation of catchment management areas.
Continuous improvement of water quality management.
Being proactive, dynamic, efficient and effective in its delivery of Water Quality Management services to the public.
Providing the necessary policies and systems to ensure integrated sustainable management of water quality.
Promoting cooperative governance across all spheres of government in terms of Water Quality Management.
Ensuring a fully capacitated, loyal workforce to support the DWA WQM functions.
Prevention of waste production and pollution of water resources wherever possible.
Minimisation of pollution at source by minimising unavoidable waste production through: recycling/reuse of waste or water containing waste; detoxifying; neutralisation; and/ or treatment of waste streams; and/or introduction of cleaner technologies and best management practices ("housekeeping").
Disposal of waste and/or discharge of water containing waste according to the precautionary principle. If there were no alternatives to the disposal of waste and/or the discharge of water containing waste, the precautionary principle applies.
After the Department of Water Affairs had conducted assessment studies on waste water quality management at a provincial level, the department was dissatisfied with the performance of wastewater quality management in all nine provinces.
Treated effluent discharges from sewage works and industrial wastewater treatment works had an impact on the quality of water in the receiving environment. Therefore, it was imperative for relevant authorities to closely monitor the impact posed by these discharges, to in order, ensure compliance with discharge standards. Furthermore, long term trends need to be observed to ensure that there was no significant deterioration of the receiving water over the long term. Although the immediate impact may not be significant, deterioration was foreseen over the longer term. With the global economic recession, local authorities and industries were increasingly under stress to maintain the required discharge effluent quality standards.
A need for more integration in water and wastewater services, for example, catchment management could be linked with: land use; fresh water demand minimization, and, wastewater reuse.
Technical catchment management solutions should inform catchment committees' choices, for example, with decisions on land-use changes, and by creating multiple land-use opportunities.
Catchment management should critically address social and institutional processes operative in the catchment.
Long-term sustainability for urban catchment management can be assured by linking with quality-of life considerations, such as the provision of recreational amenities, conservation and restoration.
In the catchments along the Bloemhof Dam, effluents from urban, industrial and mining activities have resulted in high levels of salinity of the Vaal River, whilst in the lower catchment, irrigation return flows are the major contributor to river salinity. Furthermore, water pollution has resulted in a significant change in physico-chemical conditions in the river water. Sewage discharge destroyed the river's ecosystem. An environmental organisation known as, Eco-Care Trust, had committed to the conservation of fish in the river.
Problems experienced in Mvoti- uMzimkhulu were related to industrial water pollution. High levels of chemical poisons were reported in the Mvoti River near KwaDukuza/Stanger, which resulted in an immediate banning on fishing activities, swimming or drinking water near the Sappi paper mill. A multi-national pulp and paper company advised fishermen not to eat any fish or other marine creatures from the river mouth until further tests have been conducted. The company also acknowledged that some of the pollutants had the potential to cause cancer and endocrine system health problems in humans and animals, depending on the dose and duration of exposure.
The Great Lotus catchment has a population of about 380 000 people. Approximately 24% reside in informal settlements, while 4% live in informal housing in the site and service areas. The informal population of the Greater Lotus River catchment is growing especially rapidly, due to its desirable location near to job opportunities, and large areas of "municipal open space". The Great Lotus River is characterized by poor water quality, with high nutrient loading, as well as very high faecal coliform counts. This is due to raw sewage effluent overflowing from blocked sewers into the storm water drains, occasional sewer pump overflows, as well as the inadequate or non-existent sanitation characteristic of the informal settlement areas. Despite recent efforts by the local authorities at sewer upgrading, the microbial counts in the storm water do not appear to be dropping.
As the custodian of the nation's water resources and water sector leader, the objective of the Department of Water Affairs is to improve water management in the country. Local government is responsible for delivery of water services to householders and regulation of water services authorities. Therefore, the role of the Department is to regulate, monitor, evaluate, report and publish performance of water services authorities. It is against this background that the department introduced the National Water Services Regulation Strategy in 2008, in order to elucidate actual activities and performance. This meant that a performance mechanism or tool had to be developed, known as the Regulatory Performance Measurement System (RPMS), which is a regulatory initiative (such as the Blue Drop/Green Drop). It is intended to measure water services authorities on 11 key performance indicators that were initially developed in the Strategic Framework for Water Services (DWAF 2003) and expanded in the NWSRS and is being currently rolled out in the nine regions in order to promote best practice in the sector.
Improve business practice in relation to water services delivery in local government.
Improve local government compliance with national standards and norms.
Improve DWA regulatory processes through ensuring that response to non compliance are standardised across the country.
Ensure that data collected from municipalities is verifiable, accurate and useful so that it can benefit local government through strategic feedback on problem areas.
The data collected during the first implementation phase of the system in 2007/8 financial year, followed a bottom up approach whereby RPMS workshops were held in the five regions, namely Northern Cape, Limpopo, Gauteng, Western Cape and Free State with water services authorities. Data sheets accompanied by manuals were distributed to the municipalities prior to the workshop.
In 2008/9, a similar process was followed.
Responses from the water services authorities were slow in some instances, and deadlines had to be extended.
While significant progress has been made in some regions, overall, consistency remains a problem owing to high turnover of staff at both regional offices and more particularly at WSAs.
Continuity is a key aspect of annual measurement, and it is important that effective handover processes are in place for managing the system at the regional office, and interacting with the system at WSAs.
Most WSAs are unable to supply the data, which will allow the measurement of their non revenue water - which, given the emphasis on climate change and the fact that millions of South Africans currently do not have access to water and sanitation, is a major potential area of improvement.
In conclusion, although the RPMS was in its infancy as a system, some significant results have already been achieved.
The programme was introduced by the Department of Water Affairs to address the imbalances and unhealthy biological conditions in the dam. Due to eutrophication that results in hypertrophic conditions in the dam, the dam was under severe pressure. The programme comprises 25 main projects and 18 sub projects.
Pumps were installed in the dam that allows for the removal of algae into allocated downstream areas of the dam wall. In addition, floating algal booms have been installed at various locations, namely, Oberon, Westlake and the mouth of Saartjies to prevent further movement of algae.
Hyacinth was removed manually. There were currently 46 local previously disadvantaged people employed on the contract basis to increase employment numbers around the area. Training has been provided on the use of pumping equipment, as well as on health and safety.
Concerns were raised over huge amounts of litter flowing into the dam, which hindered the removal of hyacinth.
To date, approximately 100 tons of compost has been produced from algae; the compost will be used for soil rehabilitation, implementation of artificial wetlands and shoreline vegetation establishment.
A fish harvesting project focusing on the fishing of coarse fish in the dam has been implemented. Madibeng Conservancy Holdings was contracted in 2009 to harvest the averages required to catch up with the backlogs and reach target figures by the end of March 2009. The only challenge of this project was to secure contractors, equipment, and loss of netting. The agreed average of fish harvest per month is 3.7 tons of fish per week. Should the contractor fail to meet this average, the population of coarse fish would increase. This would impact on the remedial efforts already made. The projects managers were investing in other cost effective electro-shocker options for the project.
The DWA Team conducted sediment contour surveys of the dam. Preliminary indications confirmed that the phosphate amounts were between 1500-2000 tons. This implies that close to 10-years worth of nutrients were trapped in the dam. The utilisation of these sediments once removed, were currently being investigated and discussions were being held with surrounding farmers and mines within Haartbeespoort Dam area with regards to implementation of various projects at various sites. It has been discovered that the sludge has a potential to assist the remediation of the mines. There were also discussions with the mining sector to determine the potential use for the recovered sediments which may include soil care, mine tailings dams rehabilitation, compost production and landfill.
The purpose of the workshop was to obtain inputs from the delegates when reviewing the second edition of the strategy. The first strategy was developed in 2004. According to the National Water Act, it is stipulated that the strategy should reviewed every five years.
Equitable access to water and benefits.
Development of water resources infrastructure.
Forecasting and balancing of water demand and supply.
Efficient and effective water use through the establishment of water management institutions such as catchment agencies and water user associations.
The department envisaged having the strategy completed in the coming 18 months. Various stakeholders participated in the review, including technical experts, policy makers, and local government. High level strategic workshops and meetings will be held in five provinces. A project steering committee and project management has been established. The review will assess the extent to which the alignment of water resources and water services provision activities has been streamlined. It will also address the gaps identified in the first strategy.
A communication strategy will also be developed in order to create an understanding of what the revision of the strategy entails. This will also communicate the importance of the revision and its role in terms of integrated water resources management and associated benefits.
With regards to the implementation plan of the strategy, the department will allocate responsibilities for the implementation of the strategy to different line functions within the department. The funding will be allocated over a period of five years. This will be followed by the introduction of a performance management framework with appropriate indicators.
The knowledge gained was current and relevant to the strategic objectives of the committee.
<fn>GOV-ZA.3515261En.2012-02-10.en.txt</fn>
The SPEAKER: Hon members, I wish to announce that a vacancy which occurred owing to the passing away of Ms A M Rantsolase has been filled by the nomination of Mr K A Moloto, with effect from 9 November 2010. In terms of section 48 of the Constitution, members of the National Assembly must swear or affirm faithfulness to the Republic and obedience to the Constitution before they begin to perform their functions in the National Assembly. Hon Chief Whip of the Majority Party, are your members ready?
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, they are. They are outside waiting to be sworn in.
The SPEAKER: Will two members please accompany the member into the Chamber [Applause.?
Mr Moloto, accompanied by Ms N D Ngcengwane and Ms M L Dunjwa, made and subscribed the oath, and took his seat.
debates the findings of the latest HIV antenatal clinic survey; and comes up with recommendations on how to further reduce the transmission of HIV from HIV-positive mothers to their babies.
That the House debates the consequences to Johannesburg of the failure of government to deal adequately and robustly with the rising acidic water table in the city.
That the House debates the extension of service hours for clinics and community health centres.
That the House debates the consolidated report by the Auditor-General of national and public entities for the period 2009-10, and particularly the many accounting irregularities by public entities contained therein.
That the House debates ways to inform and educate the public, particularly the transport industry, about the rationale behind the pending implementation of the new traffic demerit system that many are opposing.
That the House debates the issues that should inform the much-needed development of a comprehensive migration policy for South Africa.
That this House debates the future of informal settlements in South Africa with a view to finding solutions to the problem of housing the ever-increasing number of people migrating to our cities and towns.
That the House debates the integration of community development workers into the public sector.
That the House debates the incidence of yet another R380 million in irregular and fruitless expenditure incurred by the Road Traffic Management Corporation, RTMC, and the failure of government to deal decisively with errant officials.
Dat die Huis 'n debat voer oor die regering se botsende benadering ten opsigte van die Infraco Company wat deur die regering as openbare onderneming in die lewe geroep is om telekommunikasiedienste aan die gewone verbruiker en die platteland te lewer, maar terselfde tyd, 'n kabinetsbesluit geneem het om nie Infraco Company te lisensieer om hierdie dienste te kan lewer nie.
That the House debates government's conflicting approach with regard to the Infraco Company which has been established by government as a public enterprise to deliver telecommunication services to the ordinary user and rural areas, whilst at the same time taking a cabinet decision not to give the Infraco Company a license to be able to offer these services.
n debat voer oor die korrelbedkernkragreaktor, die PBNR, as openbare onderneming se vermoë om tot Suid-Afrika se energiebehoeftes by te dra, ten spyte daarvan dat die belastingbetaler reeds miljarde rande tot die projek bygedra het; en die uitfasering of die privatisering van hierdie openbare onderneming in sy debatvoering oorweeg.
debates the ability of the pebble bed modular reactor, PBMR, as a public enterprise, to contribute towards South Africa's energy needs, in spite of the taxpayer already having contributed billions of rand to the project; and considers the phasing out or the privatisation of this public enterprise during its debate.
That the House debates the alarming observation by Chief Justice Ngcobo that fundamental flaws exist in the dispensing of justice and reserved judgements in this country.
congratulates William Kentridge on winning this prestigious award and for flying the South African flag high.
wishes all South African Indians a memorable celebration of this event.
calls on all South Africans to practise tolerance and to live together in peace with one another.
congratulates the University of Stellenbosch for the success of its Hope Project, and its contribution to this continental agreement.
welcomes this initiative and believes that once again this is the indication of the confidence the international community has in South Africa as well as in our ability to host big events successfully as shown by our hosting of the FIFA Soccer World Cup.
congratulates Speaker Makinda warmly and encourages her to allow opposition parties to play their role effectively, to give support for meaningful debates on a new constitution and to ensure that the executive is fully accountable in line with modern democratic practices.
in terms of section 2(1) of the Remuneration of Public Office Bearers Act, 1998 (Act No 20 of 1998), and having due regard to the criteria listed in that subsection, determines the salary payable to the President of the Republic of South Africa at two million, three hundred and sixty seven thousand four hundred and sixty six rand (R2,367,466) per annum with effect from 1 April 2010; and in terms of section 2(1) of the said Act, determines the amount of one hundred and twenty thousand rand (R120 000) per annum as that portion of the remuneration of the President to which section 8(1)(d) of the Income Tax Act, 1962, shall apply.
That the House extends the deadline by which the Ad Hoc Committee on Protection of Information Legislation has to report to 28 January 2011.
That the House extends the deadline by which the Ad Hoc Committee on the Commission for Gender Equality (CGE) Forensic Investigation has to report to 28 January 2011.
That the House, subject to the concurrence of the National Council of Provinces, extends the deadline by which the Joint Ad Hoc Committee on the Code of Judicial Conduct and Regulations on Judge's Disclosure of Registrable Interests has to report to 28 January 2011.
Mr D M GUMEDE (ANC): Hon Speaker, the ANC together with all members of the Portfolio Committee on Tourism, notes with shock the senseless killing of a British tourist, Anni Dewani, while on honeymoon with her husband in Cape Town. They were hijacked while taking a drive through Gugulethu to experience the night life in a South African township. We express our sincere condolences to the family and friends of the victim and wish her husband strength and comfort during this very difficult period.
During the World Cup South Africa won the hearts of the world as a destination and as a nation. We cannot allow these animals to destroy this image. We thus urge the people of Gugulethu and the surrounding areas, in partnership with the police, to triple their actions to ensure that these scoundrels are speedily apprehended.
We further appeal to the tourism industry and the public to be vigilant in regard to tourism safety, and to caution visitors not to enter unfamiliar areas, especially at night. Thank you. [Applause.
The LEADER OF THE OPPOSITION (DA): Hon Speaker, yesterday I sent a request to the Speaker calling for an urgent debate to be held in the House today, about the government's plans to make a R20 billion cash injection into the failing parastatal Eskom. This allocation would be made available to Eskom in addition to its recently doubled guaranteed framework of R350 billion. Notwithstanding the Speaker's response declining the request, on the grounds that it did not qualify as a matter of urgent national importance, the Cabinet's vacillation on the source of this additional funding indicates the deep divisions in the executive.
That this announcement was made without prior public consultation and, seemingly, without a detailed financial plan and endorsement by the Minister of Finance by virtue of its not traversing the prescribed Treasury protocols, indicates a blatant disregard for transparency and accountability by the Zuma administration. This is a clear attempt by the ANC government to undermine the basic principles on which our democracy is based.
The DA regards this as a matter of urgent national importance. While the DA absolutely supports the need to secure South Africa's future energy suppliers, Parliament and the public have the right to know why Eskom requires this additional allocation of state funds, and how government plans to finance its R20 billion commitment, especially given that just three months ago the government could not find R4 billion to fund an operational budgetary requirement to meet the public servants' pay rise demands.
The President must demonstrate that his administration is committed to accountability, and make a full disclosure of how the government plans to fund the proposed cash injection into Eskom, and what the exact opportunity cost of this intervention will be to the people of South Africa.
Mr M G P LEKOTA (COPE): Speaker, Cope welcomes with optimism the decision by Britain's auditing watchdog to name those South Africans who took bribes of, reportedly, R1 billion in the arms deal. Today many innocent South Africans walk around with the stigma of association with the Defence acquisition our country entered into. Suspicions that they are perhaps implicated persist. [Interjections.
The SPEAKER: Order! Hon members.
Mr M G P LEKOTA (COPE): It is right and proper that the transgressors should be named and shamed, and then tried and jailed. Their assets and the assets of their colluding spouses, where warranted, should thereafter be seized. The Accountancy and Actuarial Discipline Board of the UK is scrutinising KPMG's confidential records on BAE. It is anticipated that its audit will reveal financial evidence that BAE indeed paid out huge bribes to supply Hawk trainer aircraft and Gripen fighter jets to South Africa for R2,1 billion.
Already a completed investigation in the UK and Liechtenstein points to alleged obscene payments of more than R200 million by BAE. One of our citizens once served in the Department of Defence. Whilst S A Police investigators have been impotent, other investigators abroad are about to blow the lid on some of the alleged 28 politically well-connected individuals who cashed in. The fact that BAE recently settled a £286 million fine for failing to comply with global antibribery rules is evidence that BAE has been using improper influence. Thank you. [Time expired.] [Applause.
Ms M A MOLEBATSI (ANC): Hon Speaker, on 4 November 2010 the Minister of Police, supported by the department and senior management of the SA Police Service, SAPS, launched Operation Duty Calls, which is a festive season crime-fighting campaign. The operations will include: high police visibility, increased roadblocks, and stop-and-search operations. Police will also execute high-density operations while maintaining visibility at all hot spots.
The ANC supports the drive by the Minister and SAPS to mobilise our force over the period. Let me in advance thank the men and women in the SAPS, who will sacrifice by working over the festive season so that we can spend our time safely with our families. We call upon all citizens of our country to co-operate and work together with our SAPS members to fight crime, particularly during the festive season. Viva, Operation Duty Calls! Viva!
Mr V B NDLOVU (IFP): Mr Speaker, the IFP wishes to express sincere condolences to the friends and family of Shrien Dewani. The IFP trusts that our Police Force are leaving no stone unturned in their efforts to swiftly bring these criminals to justice. We urge all local government sections to take the necessary preventative measures in making sure that all tourists arriving in our country are well informed about which areas are unsafe to travel through.
In this regard, we suggest that general tourist safety information packs be placed on all in-bound flights to South Africa. Heinous crimes such as this have no place in South Africa. We urge the Minister of Police to send a very clear message to the perpetrators of this crime to the effect that no crime will be accepted. They will be caught and they will pay dearly for it. I thank you, Mr Speaker.
Mr L W GREYLING (ID): Speaker, the tragic saga of the Grootvlei and Orkney mines, which were awarded to Aurora Empowerment Systems, represents everything that has to be fought against in South Africa. It is an absolute scandal that this crisis has been allowed to continue for over a year with devastating consequences for the environment and workers' rights. Throughout all of this the ANC has remained quiet, while Aurora Empowerment Systems have been allowed to sow destruction at these mines!
The ID wants to know why there was not proper due diligence in regard to Aurora Empowerment Systems to ensure that they could actually pay for these mines and provide the necessary funding to keep them operating. Due diligence in this case seems only to extend to confirming that President Zuma's nephew and his lawyer, and Mandela's grandson were directors of this company. To add insult to injury, the workers have had to watch as Khulubuse Zuma has engaged in public displays of huge wealth while continuing to insist that he has no money to pay the workers on the mines.
In addition, millions of litres of untreated acid mine water have been pumped daily into the surrounding wetlands, with devastating environmental consequences. It has now also been reported that some union officials are receiving death threats for questioning the role of the liquidator Enver Motala's complicity in this tragedy. This must end. It is high time that the government intervened so as to stop this tragedy from turning into a complete catastrophe. I thank you.
Ms N R BHENGU (ANC): Speaker, on 2 November 2010 the S A National Taxi Association Council, Santaco, unveiled the TR3 Vision 2010 and launched the taxi academy. The TR3 Vision 2010 is about redefining, restructuring and refocusing the taxi industry as a key player in the mainstream of the economy. The taxi academy will provide training to taxi owners, rank managers, taxi drivers and conductors to improve the quality of services provided by the taxi industry to 15 million commuters every day.
The Minister of Transport, Mr Sibusiso Ndebele, attended this event and commended Santaco for demonstrating their understanding of broad-based black economic empowerment and the co-operative development policies of the ANC government. The Department of Transport pledged R5 million towards the taxi academy.
The TR3 Vision 2020 will enable the taxi industry to realise its potential as a true broad-based black economic empowerment sector in transport with multibillion rand financial muscle. The ANC will support efforts by the people to become the masters of their own destiny.
Rev K R J MESHOE (ACDP): Speaker, the ACDP wishes to convey its condolences to the husband and family of Anni Dewani, a British tourist who was killed on Saturday night while on honeymoon with her husband. Our sympathy goes to Mr Dewani and we pray that he will find strength and comfort during this very difficult time.
The ACDP further appeals to the Minister of Tourism and all relevant stakeholders to ensure that it becomes a requirement for tour companies and guides to inform tourists about areas they can and cannot visit at night, so that we do not have a repeat of this unfortunate and tragic event.
We further call on the police to leave no stone unturned until they find the murderers of Anni Dewani and for experienced detectives to be given this case to ensure that the perpetrators are convicted by our courts. A clear message must be sent to criminals out there that the attacking and killing of tourists will not be tolerated. Thank you.
Mr S C MOTAU (DA): Speaker, media reports suggest that the ANC, via its front company, Chancellor House, is benefiting from the national energy crisis again, through its recent purchase of a major Swazi coal mine which is, in turn, apparently set to supply coal to several power plants, including the new Medupi plant. The DA believes that this amounts to a gross conflict of interest. It blurs the lines between party and state, and we once again call on the ANC to shut down Chancellor House.
Chancellor House is a front company that is doing nothing but enrich the ANC and it is doing that through very questionable means. We cannot have a situation where the ANC is able to benefit from an energy crisis of its own making and its insider knowledge of state dealings, in order to bankroll its own party financing and election campaigns.
In April this year, the DA's Chief Whip, Ian Davidson, submitted a Private Members' Bill to ban political parties from tendering and contracting with general government. The Bill seeks to regulate the awarding of government tenders in order to ensure that no business entity in which a political party has an interest can tender with government or parastatals.
This episode only re-emphasises the need for such legislation. Where there is such provision in place in our law, a coal mine owned by an ANC front company will not be permitted to contract with Eskom. I thank you. [Applause.
Mr G LEKGETHO (ANC): Hon Speaker, the ANC welcomes the new development of a potential drug treatment that has the ability to simplify and shorten tuberculosis, TB, treatment to less than six months. Currently, the drug is being tested for effectiveness, safety and tolerability on patients at two centres, the Lung Institute at the University of Cape Town and the TASK Research Centre in Bellville.
If successful, the experimental regimen will offer a shorter, simpler, safer and more affordable treatment option for multidrug-resistant tuberculosis, MDR TB, an emerging global health threat. This is going to be a significant advance for MDR TB patients, who today must take multiple types of drugs - including injectables - daily for up to two years.
The ANC supports and believes that it will assist and bring relief to those who have been compelled to take treatment for longer periods. This new treatment shortens the period of taking the treatment, which is one of the main reasons for patients' defaulting. I thank you. [Applause.
Mr N SINGH (IFP): Hon Speaker, at the end of 2009, correspondence was sent from the Minister of Basic Education, Mrs Angie Motshekga, Member of Parliament, to all Members of Parliament in this House, urging members of the House to visit schools at the beginning of the 2010 academic year.
I duly visited ten schools over a three-day period and submitted a comprehensive report of my findings to the Ministry on 14 April 2010. This report advised the Ministry on issues that required urgent attention at these schools. I further requested in my correspondence feedback from the Ministry on issues that I addressed and the steps to be taken, so that I could conduct follow-up visits towards the end of 2010.
To date, hon Speaker, and despite numerous requests by my office, the Ministry of Education has not even responded to my April correspondence, save for a telephonic call of acknowledgement, let alone effected any changes to the above-mentioned schools as per my request.
I submit that this, Mr Speaker, is administrative and political negligence of the worst kind. I therefore urge the Minister of Education to take immediate disciplinary and corrective action to ensure that instances of negligence such as this do not occur again. Thank you. [Applause.
Mr P D DEXTER (COPE): Speaker, Cope supports the call by the National Union of Mine Workers and Solidarity, for Enver Motala the lead liquidator, who was charged with winding up Pamodzi Mines, to step down because of the social crisis caused at the mines which is a result of his failed efforts.
Cope also supports the demands for Aurora to be taken to the Labour Court for its failure to pay the salaries of its employees for the past 18 months, leaving them utterly stranded. The situation that has developed is an absolute travesty of justice. The government, self-proclaimed champion of the workers and the poor, has done nothing.
Reports suggest that R4 million's worth of pension and provident fund contributions deducted were not paid over to the relevant funds and no pay-as-you-earn or unemployment insurance payments were made to the authorities. Life cover policies were also cancelled as a result of nonpayment of contributions by Aurora.
Both the Department of Labour and the Department of Mineral Resources have failed to act against the company, which is headed by politically connected individuals. Workers have been literally mugged by the employer.
Furthermore, due to the neglect of management, the problem of acid water has been exacerbated in the mines, and assets of the mines have allegedly been stripped and sold off to pay the liquidators. As the government looks the other way, the rich continue to be rich, while the poor workers are left destitute. It's a disgrace, Speaker. [Applause.
Mr J B SIBANYONI (ANC): Hon Speaker, the Law Society of the Northern Provinces is commended for having held its annual general meeting on 13 November 2010 at Pilanesberg, Sun City. The opening session was addressed by the Chief Justice, Mr Sandile Ngcobo. He said that the attacks on the judiciary, either from academics, politicians or political analysts, are a threat to the independence of the judiciary.
At the AGM attorneys who have been practitioners for 50 years in this noble profession, the legal profession, were recognised. The AGM is commended for having grappled with the Legal Practice Bill and the Constitution 18th Amendment Bill in its deliberations.
The Law Society of South Africa has submitted its views to the Department of Justice regarding the Legal Practice Bill. The Justice Committee looks forward to receiving the Law Society of the Northern Provinces' resolutions and its submissions before the above-mentioned Bills are debated in Parliament. These Bills have been prioritised by all interested stakeholders. [Applause.] Thank you, Speaker.
Mr J R B LORIMER (DA): Speaker, provincial governments are given power over traditional communities. That power carries a duty of trust that the best interests of traditional communities will be followed at all times.
There is one instance where that duty of trust is being flagrantly violated. The North West Provincial Government has allowed the situation where the Bapo ba Mogale traditional community faces losing out on a massive business deal that could help lift many of its 35 000 members out of poverty.
The North West Provincial Government has placed the affairs of the community under administration. The administrator's appointment is being challenged in court. In the meantime the premier refuses to act. The community's affairs have been left to stagnate. Community bills are not being paid and decisions involving the administration of the community's wealth are not being taken. One result is that the community may now lose out on being able to increase its share in a potentially lucrative Pandora platinum mine.
The leadership of the community believe officials want to keep control of the community's wealth, so that they can give dodgy contracts to their friends. The DA has appealed directly to the premier, but the premier has not acted. I have written to the Minister, but he has done nothing. I am sorry to see that the Minister is not here - perhaps he's out buying flowers! This begs the question: do these elected officials care about their responsibilities to traditional communities Aren't they bothered by reports of corruption South Africans will draw their own conclusions. They are not likely to be kind. [Applause.?
Umntwana B Z ZULU (ANC): Somlomo, uhulumeni we-African National Congress oholwa ngumhlonishwa uMongameli uMsholozi, usefinyelele nakubantu abahlala ezindaweni zasemakhaya ukubalethela ukukhanya kwentuthuko. Umhlonishwa woMnyango Wezamandla, umhlonishwa uPeters usebenza ngokukhulu ukuzinikela nokuzikhandla ezindaweni zasemakhaya kwaNongoma, lapho esefakele khona ugesi ezigodini eziningi ezahlukeneyo.
Ukwazile ukufakela ugesi imizi eyizi-2569 okumanje ikhanyisa ugesi kule ndawo. Imali uhulumeni aseyifakile ukwenza lo msebenzi omkhulu noncomekayo iyizigidi ezingama-R35. Abantu abaningi abahlezi emakhaya bengasebenzi bakwazile ukuthola amathuba emisebenzi ngenkathi kufakelwa ugesi emakhaya abo. Izingane ezifunda ezikoleni ezikulezi zindawo nazo sezizokwazi ukusebenzisa amakhompyutha ukufundisa izingane ebezingakaze zilithole ithuba lokufundiswa ezobuchwepheshe.
Abantu bayancoma bathi bayakubona okushiwo nguMongameli uMsholozi ukuthi ufuna intuthuko ifinyelele nasezindaweni zasemakhaya. Ukukhanya kufike nohulumeni we-African National Congress kwaNongoma. Imisebenzi yakhe yentuthuko iyabonakala. Inselelo enkulo uMnyango obhekene nayo ukwebiwa kukagesi yilabo abangafuni ukuwukhokhela. Lokhu kukhinyabeza imizamo emikhulu kahulumeni yokuqhubeka afakele ugesi kulabo abasawudingayo. Ngiyabonga Somlomo. (Translation of isiZulu member's statement follows.
Prince B Z ZULU (ANC): Speaker, the government of the African National Congress, which is led by the hon President Msholozi, has also reached out to the people who live in the rural areas to bring them the light of development. The hon Minister of the Department of Energy, hon Peters, has worked with great dedication and commitment in the rural areas of Nongoma, where she has supplied electricity to many districts.
As of now, she has managed to provide electricity to about 2569 households in this area. The government has allocated a sum of R35 million to do this commendable job. Many unemployed people benefited during the electrification of their homes. The children attending schools in these areas will now be able to use computers, and those learners, who have never had the opportunity, will be exposed to technology.
People are appreciating it and are saying that they can now see what the President, Msholozi means when he says that he wants the development to reach the rural areas. The improvement came with the government of the National Congress in Nongoma. Her developmental works are evident. The great challenge faced by the department is the stealing of electricity by those who do not want to pay for it. This hinders the government's great efforts of continuing to supply electricity to those who need it. Thank you, Speaker.
The MINISTER OF ENERGY: Speaker, I rise to thank the hon Zulu for taking the opportunity to raise in the House the matter of the electrification of the area of Nongoma, and also to convey, through him, a message to the entire community of KwaZulu-Natal that we are aware that there are major backlogs in that province, and in particular in the areas around Ulundi and Nongoma, which do not have electricity.
We have plans to continue with the electrification programme. As you know, government set itself the target of ensuring access to electricity for all formal households by 2012 and universal access by 2014. We believe that, with the support of communities and Members of Parliament like him, we will be able to meet the target.
Hon Zulu raised the important point of paying for electricity. I want to indicate that, as members of portfolio committees, you should also help the municipalities to get the necessary amounts of money that they are owed by consumers of electricity like government departments, individuals who can afford it, and industry and businesses.
The challenge we have is that the lack of payment for electricity results in the inability of municipalities to pay Eskom and then Eskom ends up cutting off the supply to communities and to municipalities in particular. The end result is that those unfortunate members of the community who are supposed to have access to free basic electricity cannot have access to it because the total supply has been cut off.
There are quite a number of government departments that owe municipalities and Eskom. Through this House, I would like to make a special appeal to them to pay. You will remember that earlier this year electricity to communities in the Free State was cut off, primarily because of the huge debts that state-owned enterprises, as well as government departments, had to pay to municipalities. I want to say to hon Zulu that we are on track to ensuring that we popularise the need for payments, but we also need your support to ensure that. Thank you. [Applause.
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Speaker, I would like to associate myself with the statement made by the hon Sibanyoni in relation to the annual general meeting, AGM, of the Law Society of the Northern Provinces. I want to say that we agree with the statement made by the Chief Justice at that meeting, that South Africa's courts need to improve efficiency in order to promote access to justice, that the cumulative effect of trial delays is denial of justice, and that we need to re-examine the fundamentals of our justice system.
In that regard, we thank the Law Society of the Northern Provinces, together with the entire organised legal profession, for the very constructive inputs that they have made in the development of the Legal Practice Bill and the Superior Courts Bill. Both pieces of legislation are designed exactly to improve the efficiency of our courts and access to justice.
We would also like to say that we are working together with and in support of the judiciary, led by the Chief Justice, to ensure that this is achieved through the implementation of, amongst others, judicial case management and improved management of our courts generally, as well as embarking upon a review of our civil justice system. I thank you.
The MINISTER OF SCIENCE AND TECHNOLOGY: Hon Speaker, I think we should all join the hon Gumede, the hon Ndlovu and the other hon members who have referred to the tragic murder of the young British tourist who was visiting our country. The killing of any person is a crime and a tragedy. In this particular instance we are saddened that this has dented the positive image that South Africa has accrued in recent months, to which the hon Gumede referred. So, we join all members who have expressed condolences and sadness at this tragic event.
Secondly, with respect to the robust statement by the former Minister of Defence, the hon Lekota, the Leader of Cope, we would all, of course, agree with the hon member that those who have transgressed must be dealt with by the law. But we believe that we would benefit greatly if the hon member who provided robust declarations of no transgression previously would come forward with what he knows so that action can be taken against those who have transgressed. [Applause.
We would agree with the hon member from the Portfolio Committee on Police that indeed we must all support the police in the anticrime campaign that they have launched for the festive season and that all of us should become active supporters of members of the Police Service as they seek to make our country and our communities and streets safer.
On the matter of Eskom and the allocation referred to by the Leader of the DA, I hope, hon Speaker, that you will allow my hon colleague the Minister of Public Enterprises, when he so requests, to make a statement to the House so that this matter can be properly clarified, because I believe that that is what is best to address this matter.
Finally, on the matter of research with respect to TB treatment, which was raised by colleagues from the ANC, this is indeed a very exciting and positive breakthrough. We hope the scientists will be successful in finding a means of treating TB that will assist us to eradicate this blight on many, many communities and members of our society. Thank you. [Applause.
The MINISTER OF ENERGY: Hon Speaker, I wish to apologise for omitting to respond to the statement on the R20 billion guarantee. I want to re-assure members of this House that this is not additional funding, as was indicated by the DA Leader. It is a R20 billion guarantee from government to allow us, Eskom, to raise loans from the market. This will allow for the building of the Kusile Power Plant, and we will therefore be able to bring about the security of the supply of electricity to South African industry and households.
I want to ask, since I know that the DA is not a member of Cabinet and none of them is a Minister, which Ministers were not consulted, because the support that government lent to Eskom through Cabinet was a product of the Department of Public Enterprises, DPE, the National Treasury and the Department of Energy. We co-authored the memo which solicited the support of Cabinet, which was duly given, as reported by the GCIS Director-General last week. So, I just want to put that to rest.
I also want to say that the issues [Interjections.
The SPEAKER: Order! Hon Minister, take your seat. There is a point of order.
The LEADER OF THE OPPOSITION: Hon Speaker, the Minister is asking me a question. Am I entitled to respond to her question about which Ministers were not asked or informed In her response she asked me a question?
The SPEAKER: It is a rhetorical question, hon member. [Laughter.] Continue, hon Minister.
The MINISTER OF ENERGY: I want to say that the issue of the link of Chancellor House to Eskom is like a record that has got stuck, on one note. We believe that that matter has been addressed and there is no way that we can keep on bringing it back. Chancellor House is an independent company that has a right to do business with any entity that they want to [Interjections.
The SPEAKER: Order!
The MINISTER OF ENERGY: and no amount of howling will stop Chancellor House from doing business in this country. [Applause.
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Mr Speaker, hon members, we are making this statement against the background of our country's having been affected by a number of shocking incidents of murder, abuse and rape of women and children.
Just this weekend, a woman tourist from the United Kingdom was killed in what is believed to be a hijacking incident in Gugulethu. Over the past few weeks, we visited the scene of the gruesome murder of women and children at Ntshongweni and Marianhill in KwaZulu-Natal. We further visited the family of a young schoolgirl who was raped at her school, allegedly by fellow learners. There is also information about the rape of an 11-year-old child in Cape Town.
We want to express our deepest sympathy to the family of the deceased British citizen, especially her husband, a newlywed, and also to the families of the deceased in Ntshongweni and Marianhill.
We are receiving reports of an increase in the number of children abandoned by their parents. Equally, we are concerned about missing children who might be victims of child trafficking.
All of these incidents require us to approach the 16 Days of Activism for No Violence against Women and Children with much more resolve and determination, in order to mobilise all the people of our country to act against abuse during this time.
The 16 Days of Activism for No Violence against Women and Children is an international initiative endorsed by the United Nations. It takes place annually, beginning on 25 November, which is International Day of No Violence against Women and Children. It runs to 10 December, which is International Human Rights Day. Other key commemorative days during this period include World Aids Day on 1 December and International Day for Persons with Disabilities, which falls on 3 December of every year.
In the Southern African Development Community, SADC, region, the campaign has gained significant momentum through the adoption of the Addendum on the Prevention and Eradication of Violence against Women and Children by the SADC heads of state. Since 1999, our government has run this campaign and, in addition to women, it has included issues relating to violence against children.
This campaign focuses primarily on generating an increased awareness of the negative impact of violence on women and children, as well as on society as a whole. This campaign has served as the main social mobilisation tool against the prevalence of acts of abuse against women and children in South Africa.
Over the past 11 years, the campaign has grown exponentially, making it the second most known government event in South Africa, after the state of the nation address, according to a Government Communication and Information System, GCIS, Tracker Survey. The Tracker Survey also indicates a significant rise from 9% in 2003, to 33% in 2009, in public awareness levels in rural areas.
It is also worth noting that the 16 Days of Activism Campaign is again nominated for this year's Public Sector Excellence Award, which is supported by Avusa, the Brand Leadership Academy and TNS Research Surveys.
The campaign also serves as a catalytic mechanism to support government outcomes on gender equality and the protection of children and other vulnerable groups. The campaign cuts across the five key priorities of government, with a particular focus on crimes committed against women and children.
While the levels of awareness have been increased, we face the reality that child abuse, murder, rape, statutory rape, domestic violence and trafficking of women and children continue to occur at a rate that is unacceptably high.
The latest crime trends report of the SA Police Service for the period April 2009 to March 2010 indicates a decrease of 4,4% in the ratio of sexual offences. There is, however, a concern with regard to increases in the incidence of attempted murder, sexual offences and murder of children in particular. According to various previous analyses pertaining to crimes against children according to age, most of the crimes are committed against children between 15 and 17 years old. However, it is disturbing to notice that there are now a significant number of cases of sexual offences affecting children below the age of 15, including those aged between zero and ten years.
In implementing the campaign this year, we have taken into consideration the outcomes of the Ten Year Social Impact Assessment and the 2009 Stakeholders Summit, where various stakeholders assessed the campaign and made recommendations going forward. This is where we came out with the 365 days plan of action on violence and abuse of women and children.
The corporate image and theme of the campaign has been well established in society and amongst participating stakeholders nationally. It is for this reason that we continue with the theme "Don't look away; act against abuse!"
"Structures of violence: Defining the intersections of militarism and violence against women". We will co-operate with the Departments of International Relations and Cooperation, and Defence and Military Veterans in regard to incorporating this international theme into our programmes and structures and in relation to South African peacekeeping missions and other foreign policy interactions abroad.
We have already had some activities which serve as a build up to the 16 Days of Activism. We had the celebration of National Children's Day in Rustenburg in the North West on 6 November, where we launched the campaign to improve access to sanitary towels for vulnerable and orphaned girls.
Last week, we launched the Disability Awareness Campaign which should also highlight the vulnerability to abuse of women, children and people with disabilities. The campaign will culminate in a Disability Summit to be held in Bloemfontein from 2 to 3 December in order to finalise the process of domesticating the UN Convention on the Rights of Persons with Disabilities.
On 20 November in Daveyton, Gauteng, the Ministry, in partnership with the SA National Aids Council, Sanac, Ekurhuleni Metro and other civil society organisations, will co-ordinate the commemoration of International Men's Day on the twenty-first anniversary of the adoption of the UN Convention on the Rights of the Child.
The key events of the 16 Days of Activism include the media launch that will take place here in Parliament on 23 November 2010. Together with other Ministers, we shall highlight the response to the challenge of the abuse of women and children. We will be outlining our focus of this year's campaign.
The opening event takes place in Khayelitsha, in Cape Town, on 25 November, and will focus on the links between alcohol, substance abuse and the scourge of the abuse of women and children. This event will be addressed by our President, His Excellency, President Jacob Zuma.
From 25 November to 10 December there will be a number of activities focusing on various aspects of the challenge of violence against women and children. A calendar of these events organised by government, civil society and other sectors will be published on our website.
The closing event on 10 December takes place in KwaZulu-Natal, where, we hope, we will be able to relook at the horrible incidents of the murders of innocent families and children in Ntshongweni and Marianhill.
Our focus will be on profiling the whole package of victim support services that government and other partners are implementing to mitigate the impact of violence on women and children.
President Kgalema Motlanthe.
It is therefore my belief that we will be able to take the 16 Days of Activism campaign to even higher levels this year, as we implement the 365 days plan of action adopted after the 10-year review of the campaign last year. Through this plan, we shall address key factors underlying the high prevalence and vicious nature of the recent incidents of violence against women and children.
It is my sincere hope that, as Parliament rises this week, all parliamentarians will use their constituency period to highlight the challenge of abuse of women and children in our communities. Let us use this opportunity to encourage reporting, effective investigation and appropriate interventions against incidents of violence and abuse against women and children.
Let us visit police stations in our constituencies and speak to those in authority to find out their levels of understanding, sensitivity and state of readiness to tackle this scourge that faces our community.
Let me take this opportunity to invite the Members of Parliament, especially men in the House, to participate in the International Men's March on 20 November in Daveyton, Ekurhuleni. It is a very important day on which parents can teach boys, their sons, to respect girls from their formative years. The central message for that day must be that real men don't rape; real men don't beat their wives, and real men don't abuse children.
I therefore hope that we shall ensure that we pass on these messages to our communities, organisations, volunteer groups, traditional leaders, religious leaders and all in our communities, to ensure that we form a formidable army of committed citizens of this country that will speak with one voice and say to the whole country: let us not look away; let us all act against the abuse of women and children.
I would also like to caution some of our journalists and media houses to remember to protect our children. They also have rights; they also have the right to privacy. We want to ask them to protect the children from unnecessary exposure, especially those that have been highly traumatised and are still under age and undergoing counselling because of the brutality of the rape and abuse. We believe that members of the press are also parents and patriots and will therefore put the interests of our children first, before they go out and look for a scoop for the front page.
It is a matter of concern that details of the video which was taken at Jules High School were published in what is tantamount to promoting child pornography in our country. This may have a devastating impact on children who are already traumatized by these occurrences.
In closing, allow me to say that a society that does not respect its women and children is a dysfunctional society. As South Africans, let us declare that we refuse to be part of such a society and that we do care for women and children. Let us all march together, forward against woman and child abuse. Thank you.
Mrs D ROBINSON: Hon Deputy Speaker, Ministers, members and also our special guests in the gallery, Minister, I would like to congratulate you on your appointment to office. I trust that our relationship will be a cordial one and that we will work together in the interests of women, children and persons with disabilities.
I'm convinced that we can put some action to the platitudes that have been uttered in the past year of inaction. Apart from expressing sympathy, we need to see action and change. The Ministry needs real leadership to promote the interests of women, who are still denied the rights that they are guaranteed by our Constitution and the many protocols that have been signed. We will hold the Ministry accountable for implementing a human rights culture, for gender rights are human rights.
A lot of women have improved in many ways but, 16 years into democracy, why do we still need the 16 Days of Activism for No Violence against Women and Children While women rightly celebrate their new freedom, they do not feel liberated or empowered in every sphere of life. In their homes, as wives and daughters, domestic violence against women is far too common. In their neighbourhoods they are vulnerable to rape and attack, and when they turn to the police or to the courts for protection, their concerns are often shrugged off. Many victims of crime point out that they are victimised twice: first by the criminals and then by the criminal justice system?
The much acclaimed Victim's Charter was meant to take care of the needs of all victims, but government is failing to ensure that the rights are upheld. Women do not always have access to the special Family Violence, Child Protection and Sexual Offences Units or victim support rooms.
There is a desperate need for psychologists and social workers at police stations, at courts and in communities to deal with the scourge of rape and abuse of women, children and babies. Not only are the victims traumatised, but also the families who witnessed the atrocities, as well as the police, doctors and nurses who have to deal with the indescribable scenes they have to witness. At eleven o'clock last night I heard of a three-month-old child that had been victimised and abused in the most horrendous way.
we (need) to do much more to reach out to men who are imprisoned by the emotions that society, for whatever reason, has never allowed them to process.
Many of our families are dysfunctional and counsellors are needed. This cannot be left to the NGOs alone, who are already suffering from lack of funding. Government has to take financial responsibility for providing the funds to deal with the problems. So I appeal for more gender-sensitive budgeting.
The lack of maintenance payments is often a trigger for family violence. Why should women have to go to court to beg that fathers pay maintenance for their children The courts are often grossly understaffed, and justice is not served?
I challenge all hon Ministers and members to behave with honesty, to set the example, to pay up and to encourage others to take responsibility for the children that they fathered. In a modern constitution there is no place for patriarchal attitudes that regard women as mere objects to be used at the pleasure of men.
Probably the single most important marker of a country's progress is how it treats its women. If its women have the same education as its men, and are given the same opportunities and status, the country will prosper and advance, but we need to break down the patriarchal attitudes for this to happen.
Finding a way to preserve traditional wisdom while promoting human rights is the challenge of our age.
Those are the words of Helen Zille.
I agree. Don't look away; act against violence! These 16 days serve as an important reminder of how far we still have to go. Let us put words to action. Let us not have T-shirts, let us not have caps, let us have ongoing action. Feasting is not enough; we need to work hard. Thank you. [Applause.
Mrs M A A NJOBE: Hon Deputy Speaker, may I begin by congratulating the Minister hon Lulu Xingwana on her appointment as Minister in the Department of Women, Children and People with Disabilities. We wish her luck and success in her work. [Applause.
Hon Deputy Speaker, once again South Africans and the international community will campaign for 16 days, calling for the elimination of all forms of violence against women.
Violence against women takes many forms: sexual assault, wife beating, prostitution, trafficking, sexual violence, sexual harassment and date rape. Violence against women also takes many other forms such as psychological, emotional and financial abuse, and also intimidation. All are unacceptable violations of human rights. Together they form a huge obstacle to gender equality and genuine human progress.
In South Africa, the sexual violation of children, women in general, women living with HIV/Aids, and lesbians is endemic. This heinous crime does not end there but, in some instances, leads to murder. The latest case is that of the murder of the British bride on honeymoon in South Africa. It's sad. It is very sad.
Women in South Africa are not safe anywhere. Recently, a doctor was gang-raped at her workplace and a schoolgirl was drugged and raped by school pupils. The sad part about the latter incident is that the alleged perpetrators were set free by the police because of questions from her peers about whether it was rape or not, as she was drunk. The question is: How she could not be drunk when she was drugged?
Women are scared to report sexual violence because they will be insulted and victimised in public. Women's rights are under threat and something needs to be done urgently.
Cope believes women have a right to report sexual violence and harassment without fear, no matter who the perpetrator is. It is also critical that women are able to speak out and share their ideas in order to challenge attitudes and beliefs that sustain violence against women.
Cope also calls for action to defend women's rights to freedom of expression and information which are the basic building blocks for women to be able to come together, organise for change, inform public debate, define culture, build safe spaces and end violence against women.
Cope invites all to take action to defend women's rights and the gains that we have made so far. I thank you. [Applause.
Ms S P LEBENYA-NTANZI: Madam Deputy Speaker, the IFP strongly aligns itself with the objectives of the 16 Days of Activism for No Violence against Women and Children campaign. The reason we do this is primarily because, in spite of the wonderful strides we have made as a country in moving away from the horrors of this country's apartheid past, and in spite of the strides we have made in embracing a culture of human rights and democracy, we note with regret that women and our children are still at the receiving end of violence, meted out to them by those who should be protecting them.
Even though this year is the 10th anniversary of this campaign, rampant and unforgivable violence against women and children is indeed a cause for us to hang our heads in shame. We recognise that the objectives of this campaign should not be confined to only 16 days, but should be pursued every day until the battle is won.
The campaign should be viewed as a means of pricking the consciences of our people so that they take up the fight to defeat this ugly phenomenon. We call on all the men and women of our country to join hands in defeating this demon which continues to corrode and blight the very soul of our nation. I thank you, Madam Deputy Speaker. [Applause.
Mrs S U PAULSE: Madam Deputy Speaker, the campaign of 16 Days of Activism for No Violence against Women and Children is a very important period on our events calendar. It proves that we are united with the rest of the world.
Geweld teen vroue en kinders moet tot 'n einde kom. Die OD wil beklemtoon dat dié soort geweld in werklikheid 'n skending van menseregte is. Die demonstrasie ter ondersteuning van vroue in die wêreld is nie genoeg nie, maar ongelukkig is dit die enigste tyd van die jaar wat aan dié saak gewy word. (Translation of Afrikaans paragraph follows.
[Violence against women and children has to end. The ID would like to emphasise that this kind of violence is in fact a violation of human rights. The demonstration in support of women the world over is not enough, but unfortunately this is the only time of the year dedicated to this cause.
Violence against women is not only common but often fatal. It is an extreme manifestation of gender inequality and human rights violation. It is not a South African problem or shortcoming; it is, in fact, a global problem.
Die uitskakeling van alle vorme van geweld teen vroue en kinders moet nie 'n jaarlikse demonstrasie wees nie; dit behoort 'n prioriteit van hierdie regering te wees, omdat 'n groot aantal vroue in die Suid-Afrikaanse nasionale Parlement verteenwoordig word. (Translation of Afrikaans paragraph follows.
[The elimination of all forms of violence against women and children should not be an annual campaign; it ought to be a priority for this government, because a large number of women are represented in the national Parliament of South Africa.
The ID strongly believes that a strategic way to prevent violence is to introduce and enforce laws that protect women. In doing so, there must be no room for tolerance of acts of violence against women and children. I thank you. [Applause.
Mr N M KGANYAGO: Deputy Speaker, the UDM calls on the nation to mobilise in support of this worthy campaign. In my brief time I would like to make two points. Firstly, the UDM expresses its outrage and dismay at the recent brutal killing of a British woman on honeymoon in South Africa. Her death, like the recent Jules High School gang rape incident, emphasises the brutality and violence that women and children face in this country. The men who commit these atrocities must be found and punished. Every such incident must be dealt with swiftly and unequivocally. Enough is enough!
Secondly, this is another year in which this campaign will be conducted without the late hon Cheryl Gillwald at the helm. We would like to make use of this opportunity to salute this activist whose energy and dedication was a driving force behind the establishment and growth of the campaign. We hope that the campaign will continue to grow from strength to strength and serve as a monument for her and many others who are fighting against gender violence. I thank you. [Applause.
Mnr P J GROENEWALD: Agb Adjunkspeaker, dit is met afgryse en skok dat 'n mens in die media moet lees van skoolkinders en skoolmeisies wat verkrag word, en die dade dan gerieflikheidshalwe op video opgeneem word en verkoop word op die internet.
Dit is met afgryse en skok dat 'n mens moet lees van 'n klein baba, Marzaan Kruger, wat wreed deur haar aanvaller sodanig vermik is dat sy breinskade opgedoen het. Dis 'n kind wat nog nie eens kan praat nie; 'n kind wat nie in 'n hofsaak getuienis kan lewer nie.
Ons sê die gemeenskap het siek geword. Die vraag is, wat doen ons as ouers om die voorbeeld te stel en ons kinders reg op te voed Die standpunt van die VF Plus is duidelik. Ons gemeenskap het so siek geword dat, as dit by kinderverkragters en moordenaars kom, ons die terugbring van die doodstraf bepleit, want dit sál werk om ons gemeenskap weer reg te kry. Ek dank u. (Translation of Afrikaans speech follows.?
Mr P J GROENEWALD: Hon Deputy Speaker, it is with shock and horror that one must read in the media of schoolchildren and schoolgirls who are raped and that the rapes are then video-taped and sold on the internet.
It is with shock and horror that one must read of a little baby, Marzaan Kruger, who had been maimed so brutally by her attacker that she was left brain-damaged. This is a child who was too young even to speak; a child who cannot give evidence at a trial.
We are saying that the community has become ill. The question is: What are we as parents doing to set an example and to give our children the correct education The argument of the Freedom Front Plus is very clear. Our community has become so ill that if it comes to the rapists and murderers of children, we are pleading for the reinstitution of the death penalty, because that is the only way to cure our community. I thank you?
Rev K R J MESHOE: Deputy Speaker, the debate on 16 Days of Activism for No Violence against Women and Children today takes place under the shadow of the tragic killing of a newlywed British tourist who was on honeymoon with her husband. The ACDP is concerned that this criminal act may have a negative impact on the number of tourists that we are expecting in our country this year.
We believe that more should be done to stop the unabating sexual assaults and violence against women and children in our country. We also believe that we must move away from 16 days of activism to 365 days of activism against all forms of violence in our country. As the ACDP has stated in the past, it is time for government to move beyond trying to create awareness; it needs to start solving the problem.
If government wants to see results in their fight against violence against women and children, we recommend that the following should also be done. Firstly, they must ensure that minimum sentencing legislation for convicted abusers is applied. Secondly, they must provide courts and personnel to deal speedily with these issues. Lastly, they must provide better training for police, and better forensic services and victim care centres. I thank you. [Applause.
Mr R B BHOOLA: Madam Deputy Speaker, women and children are subjected daily to traumatisation and abuse. The devastating rise of criminal activity is becoming a negative force, destructive to building a caring and peaceful society. Women are, more importantly, involved every day of their lives. They have become victims of barbaric behaviour.
I agree with you, hon Minister, that all the incidents that have been mentioned, including the two rape incidents of the elderly in Chatsworth, are indeed heartbreaking. The perpetrators must face the strong arm of the law. It is incumbent upon all of us, hon members of this House, to ensure the safety, security and protection that are truly desired by all.
The MF says: "Creative communities are progressive communities." We call on all to fight and put an end to physical, social and mental abuse endured by all women and children. The campaign must be intensified throughout the year. I thank you.
Mr K J DIKOBO: Deputy Speaker, the past few weeks have witnessed a rise in the number of incidents of the violation of the rights of children and women. We were shocked by reports of the alleged gang rape of a schoolgirl. Even more shocking were reports that the incident had been videotaped and that her teachers had laughed at her, saying that she deserved it. There were many other reports, including that of the rape of a Bloemfontein doctor.
We are worried that society may gradually get used to such reports and accept the abuse and rape of women as part and parcel of everyday life. That is why Azapo supports the launch of 16 Days of Activism for No Violence against Women and Children, as it will go some way towards resensitising South Africans. Our message to men and young boys is: Real men do not abuse; they protect and love women. Thank you. [Applause.
Ms B N DLULANE: Sekela-somlomo, mandithabathe eli thuba ndivuyisane noNkosazana Xingwana ngokunikwa lo msebenzi umkhulu kangaka wokukhokela eli sebe. Sikho sonke, siza kukuxhasa. [Deputy Speaker, let me take this opportunity to congratulate Ms Xingwana for being given this important task of being the Minister of this department. We are all here and we will support you.
Hon Deputy Speaker and hon members, we are urged this afternoon, as we have been urged for the past 11 years, not to look away, but to act against abuse. For most of the past few weeks the news headlines that have captured the attention of the entire nation have revolved around unspeakable acts of violence against not only women, but also children. The acts of rape committed against helpless old women, young women whose lives are negatively impacted upon, and vulnerable children who are placed under the care of their relatives, unfortunately seem to be the order of the day in our communities.
Hon members do not need to be reminded of the plight of the 12 women who fell victim to a serial rapist in Johannesburg, the two women who were raped in a temple in Chatsworth, Durban, and the girl child who was raped by her grandfather in Balfour, an incident of horror.
What is clearly intolerable is the lack of action by school authorities and teachers who have been made aware of rape, violence and intimidation involving young men and schoolgirls, but have done nothing to stop these evil deeds. We call on our government, civil society and the private sector to take harsh action against the school authorities and teachers who are implicated in these cases, so that we can send a strong, clear message that we shall not tolerate any form of violence and abuse against anyone, especially women and children, who are the most vulnerable members of our society.
A few lessons can be learned from the events of these past few days. Every day we are faced with some form of sexual and physical violence, victimisation, abuse and disrespect directed at women and children, which has the impact of wearing them down. The question we have to ask ourselves is whether or not we as individuals are to blame for perpetrating many of these actions, and how we offer support to those amongst us who are suffering. Related to that, we should be asking ourselves how far we go in celebrating successes achieved by women, especially girl children, as well as how we encourage each other and rally around those amongst us who are striving to achieve something better.
Today, as we prepare ourselves to respond to the call made by the Minister, hon Xingwana, we have to congratulate members of the SA Police Service on the sterling work done by them in apprehending a suspected serial rapist outside Durban on Friday. The SA Police Service were able to achieve this through the assistance of the members of the public who provided information on the alleged serial rapist. The participation of community members can be made possible by, for example, creating neighbourhood watches in all communities.
When putting emphasis on the theme for this year's campaign - which is, "Don't look away; act against abuse!" - all of us are called upon not to watch from the sidelines and do nothing, but to speak out and take a stand. When we hear screams and shouts of abuse around us, we must make it our business to act.
There are many organisations and activists who are selflessly involved in mobilising men to fight violence against women and children. In many instances these men and women are working hard, away from the limelight and with inadequate resources. I will mention only a few of them today, but there is no shortage of information about these organisations and the work that they do.
The Brothers for Life with their slogan "Yenza Kahle" [Do the right thing] send their message to us on television all the time. Sonke Gender Justice who say, "One Man Can" and can be seen during episodes of the soapie Generations on television, is another such organisation. There is also Hearts of Men, whose project is aimed at lifting men out of unemployment and poverty hands-on, and which teaches young men and fathers not to perpetrate violence against women. Last but not least there is the Movement for Good whose rallying philosophy is, "It starts with you."
The role of Parliament and its members, in particular the role and responsibility of male parliamentarians, is of outmost importance in upholding and taking forward the seeds that have been sown by these organisations. Of equal importance are the role and responsibilities of female parliamentarians in speaking out about the abuse of women and children in all spheres of our lives and interactions. The responsibility that must be taken up by all Members of Parliament is also to find ways of strengthening support to men's groups in order to sustain the work that they do.
The activities supporting the 16 Days campaign have been communicated to you today. It is incumbent upon each of us to ensure that we do not remain on the sidelines; that we participate, and even take the lead, in ensuring that the abuse of women and children is completely eradicated during our lifetime. It is our collective responsibility to send out the message that men are capable of loving passionately, respectfully and with sensitivity; that women wish to feel safe in their neighbourhoods and are prepared to build trust between themselves and their partners.
We must commend our government for stepping up and sustaining the 16 Days of Activism for No Violence against Women and Children as an annual campaign. The campaign should not end in December every year, but we should be vigilant and guard against all forms of abuse throughout the year.
We can achieve a lot if we can also direct our attention to the ratification of the Southern African Development Community, SADC, protocol on gender development. South Africa has to ensure that efforts by all communities are supported by the ratification of the protocol without further delay.
In the name of collective action, together we can do more to eradicate the scourge of violence and abuse against women. Enkosi. [Thank you.] [Applause.
The DEPUTY SPEAKER: Hon members, that concludes the party responses to the Minister's statement. We move on to the next item. Permission has been granted to the Minister of Defence and Military Veterans to make a statement on the final report of the Interim National Defence Force Service Commission. I am advised that parties have been made aware of this and will have an opportunity to respond to the statement. Before I call on the Minister, hon members, I want to acknowledge the presence here in the gallery of the Interim National Defence Force Service Commission, led by Judge Bosielo. You are welcome as we receive you here. [Applause.
Mrs J D KILIAN: Madam Deputy Speaker, can I just ask whether the Minister perhaps issued us with a copy of the statement?
The DEPUTY SPEAKER: No, hon member, the Minister is going to make the statement. There is no issuing of the statement.
Mrs J D KILIAN: But, according to the rules, if it was possible she could just present it to our members.
The DEPUTY SPEAKER: No, she did not.
The MINISTER OF DEFENCE AND MILITARY VETERANS: Madam Deputy Speaker, for the benefit of the member of Cope there is a statement available and it can be photocopied and distributed as I speak. Thank you very much.
Madam Deputy Speaker, thank you very much for this opportunity. On 24 August 2010, the Speaker summoned me to his office to discuss the matter of the Report of the Interim National Defence Force Service Commission and he insisted both to me and to the Deputy President as the Leader of Government Business that the finalisation of the report should be done and it should be presented as speedily as possible. I gave my word, as did the Deputy President, that we would comply, and I am now able to confirm that after an initial extension of the period requested and granted to the commission, this morning I had the honour and privilege of receiving the Report of the Interim National Defence Force Service Commission.
It is important at this point to remind ourselves of the purpose or objective of this exercise, and perhaps the best place to start is at the beginning. The concept of the commission owes its existence to the policy intention of my first Budget Vote in 2009, dated 3 July 2009, in this Parliament.
we are considering making a request for a separate dispensation for the Department of Defence that would allow us to creatively deal with our own needs and the specificities (and uniqueness) of the security requirements (of the Defence Force).
I emphasise this, as it is so often deliberately misinterpreted in some circles, fuelled by other corners of the House. The intention to establish the National Defence Force Service Commission was expressed long before the shameful conduct by a small group of ill-disciplined members of the Defence Force at the Union Buildings.
It should be obvious, then, that we were alive to the challenge of addressing the concerns of the S A National Defence Force, SANDF, after years of the hon Lekota's being at its helm, a member here who stands up and pretends that he is perhaps new to these matters. These steps also preceded the whimper from some corners of the opposition benches. They bay and howl at the wind, for no other reason than to preen their wet wings.
The interim commission was established on 9 September 2009, after the Cabinet's approval of the creation of the new dispensation for the Defence Force. The brief of the Interim National Defence Force Service Commission was clear and well spelt out in the terms of reference that they were given.
advise on the regulatory framework for the unique service dispensation; and investigate and provide advice on remuneration and conditions of service of members of the SANDF.
The interim commission was advised to deal with these terms of reference both in the short term, that is, legislation, and in the long term, which is what we have today in the report. The commission dealt with these as three separate terms of reference. Each one is a standalone and very separate from the others. I introduced the commission to the portfolio committee, because the short term aspect, which was the drafting of legislation, needed some kind of co-operation with the portfolio committee.
I want to take this opportunity, therefore, to thank the members of the Interim National Defence Force Service Commission for the sterling work they have done. They have not only criss-crossed the length and breadth of this country, interviewing various stakeholders, but they have also found time to benchmark their work by visiting the United Kingdom, the United States of America, and the Russian Federation in order to learn from other countries the international best practice in a number of issues that have a bearing on us. I trust that in time we will benefit from the lessons and insights derived from these visits. They have done us proud in contributing to the effective and efficient management of the Defence Force as it fulfils its constitutional responsibility.
The work done by the interim commission is outstanding and I commend it. Could the hon member allow hon Groenewald to listen because he is an affected party Their dedication and commitment are clearly shown by their hard work in producing the report that they handed over to me this morning. They gave of their time and energy, despite the fact that most of them were in full-time employment?
It is now my honour and privilege to acknowledge members of the interim commission and use the opportunity to thank them most sincerely for their hard work, commitment, tenacity and single-mindedness in the midst of the noise and attempts to divert them.
The interim commission consists of people of outstanding calibre who have brought a great deal of integrity to the work that they have done. It consists of men and women who have distinguished themselves in their own right in South African society. These members are Judge Bosielo, who is a Judge of the Supreme Court of Appeal; Mr Ismail, who is the Deputy Chairperson; Lieutenant General Moloi, otherwise known as Comrade A; retired Major General Bantu Holomisa whose exploits in the Transkei are very well-known to all of us; Ms Mgabadeli, who is unfortunately not with us here; returning to General Holomisa, we thought that perhaps he might be the best placed person to ensure that we are in the safe hands and the Defence Force does behave; Dr Mokgokong, who was the deputy chairperson of the commission that allowed a hike in our salaries as Members of Parliament; Professor Christie, a well-known Western Cape academic; Mr Ngcakani, the retired Inspector General of Intelligence; Bishop Mpumlwana, the Bishop of the African Episcopal Church, and hon Groenewald, whose attention I've been trying to obtain and who is possibly the longest serving member of the Defence Committee in this House. [Applause.] Thank you very much. I would like on their behalf to acknowledge your applause.
In their handing over of the report this morning, it was touching to hear them say that they did this and for them it was an honour to serve the country. They stressed that the report is the foundation of their observations and should be regarded as work still to be completed by the permanent commission.
Appointing members from such diverse backgrounds allowed us, for the first time in this dispensation, to have a bird's-eye view of the SANDF since 1994. The observations therefore span a period of 15 years. The importance of the commissioners is that they are drawn from disparate backgrounds; two of them are currently members of opposition political parties in this House, showing that the responsibility of the Defence Force cuts across political lines. There was a deliberate effort to include members of the opposition political parties on the interim commission to draw as wide a range of experience as was possible.
It must have been very hard for them to sit here as members of this House and listen to distortions of certain sections of what is purported to be their work, a deliberate distortion of their hard work. The SANDF is a national asset and these members understood that they could effectively contribute while in the opposition to ensuring that our sovereignty is in the hands of people who are looked after.
I would like to say to the Leader of the Opposition, hon Trollip, that when his member stands here to quote selectively on ongoing work in order to create an impression of "time bombs", which exist only in his imagination, then it begs the question where he was when all the changes were happening in the Defence Force. He quoted from a purported report of September last year and brought it here and pretended that he had just unearthed it, as something that was written yesterday. Where was he all this time when all these changes were taking place in the Defence Force?
Together with the interim commission, we worked tirelessly to ensure that there were changes. The most important fact that they established, and what must be established in this House, is that it is possible to be in the opposition to ensure that the governing party is accountable but to do it responsibly, especially when we are dealing with a national asset such as the Defence Force. [Applause.
There are always two choices in life, hon Trollip: you are either part of change or you are working against it. Your member has chosen not to be part of the change but to work against the change. The immense improvements that have occurred in the Defence Force were very ably articulated the other day by the hon Minister Pandor. Next time, instead, of spending his time in newsrooms and feeding the press, perhaps your hon member will be in the House so that he understands and is part of the change. What it has done to him right now, hon Trollip, is that he has defined himself outside the changes that have occurred in the Defence Force. In fact, if I had been in his position, I would have made sure that I claimed credit for the changes that have taken place in the Defence Force. But, very clearly now, for all of South Africa to know, he was sleeping right through these changes as they happened.
The report will now undergo the normal process of being submitted to Cabinet - I've made a request to the President to make sure that it can serve in Cabinet at the earliest possible time. Then it will be handed over to the Speaker of the National Assembly. As I have stated before, Parliament will have an opportunity to read the recommendations emanating from this report. I commend the report.
I would, finally, like to thank those members of the portfolio committee who co-operated with the commission. I'd like to thank the members of the SANDF who made the work of the commission possible. I'd like to thank the Chief of the Defence Force, who made it possible for us to get this report today. Hon Deputy Speaker, thank you very much for this opportunity. [Applause.
Mr D J MAYNIER: Speaker, I was not furnished with a copy of the Minister's statement and for that reason it is difficult to provide a comprehensive response to the announcement in Parliament this afternoon.
However, let me begin by welcoming the announcement made by the hon Minister of Defence and Military Veterans that she has now received a copy of the final report of the Interim National Defence Force Service Commission, and that the report will be fast-tracked through Cabinet and tabled in Parliament at the earliest opportunity. This, I am sure all members of the House will agree, is very welcome news indeed.
I would like to thank Judge Ronnie Bosielo, who headed up the commission, as well as all members of the commission, for their hard work in preparing the final report of the Interim National Defence Force Service Commission.
We also owe a special debt of gratitude to our colleagues, the hon Bantu Holomisa, the hon Hlengiwe Mgabadeli and the hon Pieter Groenewald, who were members of the commission, for their contribution to the final report of the Interim National Defence Force Service Commission. I hope that when we look back, the work of the commission will be a turning point in the history of our Defence Force.
Speaker, the events surrounding the Interim National Defence Force Service Commission triggered an almost unprecedented political battle between the executive and the legislature. Today's announcement goes some way, I believe, toward digging the hon Minister out of the parliamentary quagmire she finds herself bogged down in.
But the whole question of the interim reports of the Interim National Defence Force Service Commission remains. One of the many reasons why the Minister refused to make the interim reports available was that there was no link between the interim reports and the Defence Amendment Bill. But the fact is that there is a link between the interim reports and the Defence Amendment Bill.
The primary objective of the Defence Amendment Bill was to establish a permanent National Defence Force Service Commission. And what does one find when one reads the interim reports One finds that the interim reports themselves recommend the establishment of a permanent National Defence Force Service Commission; several pages of the interim reports are devoted to recommendations covering the appointment, terms of reference, functions, staffing, and reporting responsibilities of the National Defence Force Service Commission. [Interjections.?
The MINISTER OF DEFENCE AND MILITARY VETERANS: Am I allowed to put a point of order?
The DEPUTY SPEAKER: Do you have a point of order, ma'am?
The MINISTER OF DEFENCE AND MILITARY VETERANS: Yes.
The DEPUTY SPEAKER: Hon member, will you sit down please There is a point of order?
The MINISTER OF DEFENCE AND MILITARY VETERANS: Deputy Speaker, on a point of order: The hon member is not allowed to mislead Parliament. The commission was accepted by Cabinet. It has nothing to do with what you are talking about. That is for the record. Cabinet accepted it in August.
The CHIEF WHIP OF THE OPPOSITION: Madam Chair, on a point of order: This is not a point of order.
The DEPUTY SPEAKER: Continue, hon member.
Mr D J MAYNIER: And what does one find when one reads these interim reports This is the clincher! One finds that the interim report itself contains the Defence Amendment Bill?
At some point the hon Minister is going to have to explain how it is that an interim report, which contains a Draft Defence Amendment Bill, is not linked to the Defence Amendment Bill In my view, the hon Minister owes this House an apology - and I choose my words carefully - for not providing all the relevant information to this House. I thank you. [Applause.?
Mna L J TOLO: Mohlomphegi Motlatša Seboledi sa Ngwako, go bolela nnete re a thaba lehono go kwa dipoelo ka bokopana go tšwa go Sehlophatšhomo se se dirilego mmereko. Seo ke nyakago go se laetša ke se, bengbaka. Go na le mangwalo a mararo ao ke a swerego. Lengwalo le lengwe ke la Tona, le lengwe ke la Seboledi gomme le lengwe ke la Bapela. Lengwalo la Tona ga le kwane le la Seboledi. Mo lengwalong la gagwe, Tona o laeditše gore Molaokakanywa wa Phetošo le Lekgotlatšhomo ga di amane. O laeditše gape gore o be a re kgopetše gore re tle re thušane, fela a lemoga gore ga re na bokgoni. Bjale, go bolela nnete Tona o tšea ke maikutlo. Rena re le maloko a ANC a photefolio komiti re be re kwana ka dikgopolo. Yo a bego a re swarišitše bothata kudu ke Tona.
Go ya ka polelo yeo e bolelwago ke mohlomphegi wa DA, Seboledi se ntšhitše lengwalo la go re fetola. Seboledi se laeditše gore ka di31 tša Agostose 2010, Tona o tiišitše gore pego le Molaokakanywa wa Phetošo ga di amane. Bjale, go laetša gore di a amana, ke rena ba re bolela ka tšona.
Rena re le ba Cope re re Tona o swanetše go lemoga gore Kgoro ya tša Tšhireletšo le Bagale ba Sešole ga se ya gagwe a le noši, eupša ke ya rena kamoka ga rena. Re na le maikarabelo go yona kamoka ga rena.
Tona o swanetše go ithuta gore a se tšee ke maikutlo. Ge ke be ke na le sebaka, ke be ke tla bala lengwalo le, bengbaka; o a lwa. Gape re duma gore Tona a lemoge gabotse gore [Tšhwahlelo.] [Nako e fedile.] (Translation of Sepedi speech follows.
Mr L J TOLO: Hon Deputy Speaker, we are glad to hear a brief report from the members of the interim commission. I have three letters with me and they are from the Minister of Defence and Military Veterans, the Speaker and the hon Bapela. The contents of the letter from the Minister do not correspond with the contents of the letter from the Speaker. The Minister indicated in her letter that there is no link between the reports of the interim commission and the Defence Amendment Bill. She further indicated that she wanted us to work together but we could not. We shared the same ideas as ANC members in the portfolio committee. The Minister was the only one who disagreed.
According to the hon member from the DA, the Speaker indicated in his letter that on 31 August 2010, the Minister made it clear that there is no link between the reports of the interim commission and the Defence Amendment Bill. But there is a link between them, hence we are now deliberating on them.
The members of Cope want to make the Minister aware that the Department of Defence and Military Veterans does not belong to her alone but to all of us. We are all responsible for it.
The Minister has to learn to be co-operative. I would read this letter if I had enough time; she denies the link. We want the Minister to be aware that [Interjections.] [Time expired.
Mnu V B NDLOVU: Sekela Somlomo neNdlu ehloniphekile, okokuqala, kufuneka ngithokoze ukuthi umhlonishwa uNgqongqoshe, ukwazile ukuthi azoma lapha azokhuluma ngombiko esingakawucoshi. Kodwa ngoba useshilo ukuthi sizowucosha umbiko ngoba usawudlulisele kuMongameli. Ngiyethemba ukuthi sizowucosha masishane.
Okwesibili, lo mbiko sekukhulunywe kakhulu ngawo, kube kukhuluma abantu abangakaze bawubone. Mina angikaze ngawubona-ke, angifuni ukukhuluma ngento engingakaze ngiyibone.[Ihlombe.] Manje mhlawumbe Somlomo bekungakuhle ukuthi ngelinye ilanga sike sixoxe ngalo mbiko uma sengiwubonile nami, ngoba lokukhuluma lokhu sekwenze ukuthi kube khona umugqa phakathi kukaKhongolose nabe-DA [Uhleko.] bese kuba ngathithi abaphakathi nendawo bakhuluma ngoba bengazi ukuthi bafuna ukuthini.
Kanti okuseqinisweni kukhona la kuthiwa ngokomthetho ungakhulumi ngento ongazange uyibone. Manje bengicela Somlomo, ukuthi lo mbiko njengoba uzothulwa la namhlanje, kusewumlomo nje kaNgqongqoshe. Siyawufuna umbiko uzothulwa ngokusemthethweni ukuze sikwazi ukuxoxa ngawo sesiwufundile. Kulapho-ke la sizokhuluma khona. Angithokoze.[Ihlombe.] (Translation of isiZulu speech follows.
Mr V B NLDOVU: Deputy Speaker and this august House, firstly, I am grateful that the hon Minister managed to come here and speak about the report we have not received yet. But because she said we will be getting the report, as she had forwarded it to the President, I believe we will receive it soon.
Secondly, a lot has been said about this report by the people who have not seen it. I have not seen it; I do not want to talk about something that I have not seen. [Applause.] Speaker, it might be better for us to debate this report some other time once we have received it, because these talks have caused a division between the ANC and the DA [Laughter.] which makes those who are in between look like they do not know what they want to say.
In actual fact, by law one should not talk about something one did not see. My request, Speaker, is that since this report is going to be verbally delivered here today by the Minister, we want the report to be formally delivered so that we can debate it after we have read it. Then we can talk. Thank you. [Applause.
Mr B H HOLOMISA: Deputy Speaker, hon Minister and hon members, it was a privilege to have been invited to render my free services to the interim commission. A special word of thanks goes to my fellow commissioners, and our chairperson Judge Bosielo in particular, for his leadership in the past year. May this report, when it is tabled here, serve as the basis upon which to build a turnaround strategy for the S A National Defence Force, SANDF to restore its image and dignity. This will allow the SANDF to recapture lost ground.
Finally, once this report is adopted, one envisions a process of the Department of Defence, DoD, holding a bosberaad to discuss the report. Out of that we hope that there will be a clear action plan determining who will do what and according to what deadlines. I thank you. [Applause.
Mnr P J GROENEWALD: Agb Adjunkspeaker, die agb Tolo van Cope is korrek as hy sê dat die Suid-Afrikaanse Nasionale Weermag aan ons almal behoort. Dit is ook uit daardie perspektief dat my party besluit het om my beskikbaar te stel om op hierdie kommissie te dien.
Ek wil vir die agb Minister bedank. Ek dink ons kon 'n bydrae maak. Ek wil die Huis verseker dat hierdie verslag 'n objektiewe verslag is, sonder vooroordeel en dit is ook 'n kritiese verslag wat in belang is van al ons lede in die Suid-Afrikaanse Nasionale Weermag.
Ek wil ook van hierdie geleentheid gebruik maak om die voorsitter, regter Bosielo, te bedank en ook vir al die ander kommissielede. Dit was 'n voorreg om saam met hulle op so 'n kommissie te dien en om op te tree in belang van ons mense. Ek wil vir die agb Minister en die Kabinet sê, as u hierdie verslag aanvaar soos hy is en die aanbevelings in die praktyk deurvoer, sal ons 'n professionele en 'n baie beter Suid-Afrikaanse Nasionale Weermag hê. Ek dank u. (Translation of Afrikaans speech follows.
Mr P J GROENEWALD: Hon Deputy Speaker, the hon Tolo of Cope is correct when he says that the South African National Defence Force belongs to all of us. It is also from this perspective that my party decided to release me to serve on this commission.
I would like to thank the hon Minister. I am of the opinion that we were able to make a contribution. I would like to assure the House that this report is an objective report, without prejudice and that it is also a critical report that is to the benefit of all our members in the South African National Defence Force.
I would also like to use this opportunity to thank the chairperson, Judge Bosielo, and all the other members of the commission as well. It was a privilege to serve on such a commission with them and to be able to act in the interests of our people. I would like to say to the hon Minister and the Cabinet, should you accept this report as it stands and carry through the recommendations in practice we would have a professional and a much improved South African National Defence Force. Thank you.
Mr K J DIKOBO: Deputy Speaker, in Azapo's book soldiers do not go on strike or take part in industrial action. If they do, we call it mutiny. The country was shocked to see what some members of the Defence Force did at the Union Buildings. Many people, including the Minister, condemned them and called them names.
As Azapo we know that some of those soldiers previously served in the armed forces of the different components of the liberation movement. They did so without pay and at great risk to personal security and life. They sacrificed their youth and life because of their love for their people and country. They are not greedy or ill-disciplined. They are desperate. They cannot make ends meet. They must be paid living wages and their working conditions must be improved. We owe it to them.
It is our hope and prayer that this report will help us to address the needs of our armed forces so that we can restore their dignity. Thank you very much. [Applause.
Mr S N SWART: Madam Deputy Speaker and hon Minister, the ACDP welcomes the report of the interim commission and we look forward to further engaging with the specific findings and recommendations of this report.
It is, however, significant, as the hon Minister has pointed out, that this commission was intended before the ill-disciplined and unruly action of certain members when they demonstrated outside the Union Buildings. Such persons, we must emphasise, can claim no credit for today's report. We need to make that very clear.
The responsibility of the national defence force must cut across party-political lines. This is clearly illustrated by the fact that members of the opposition served on the commission and we as an opposition party will also contribute as we consider the recommendations of this report. We trust that the recommendations will address the frustrations of serving members concerning benefits, and living and working conditions, and will serve to prevent the further loss of skilled personnel so that we can have a professional SA National Defence Force. I thank you.
Mr M S BOOI: Deputy Speaker, I would like to thank the hon Minister for being able to come back to Parliament and make a presentation on this thorny issue. I must say in earnest that we are floundering in the information that is being thrown around, which is actually a thumb-suck. Sometimes this hurts and demoralises the soldiers, and we don't understand where the report has come from.
In the portfolio committee we were very emphatic that the report had to come through the Ministry, and the Ministry would then present it to Cabinet, and it would come to Parliament. We have never been able to conceptualise how that type of report comes as it does. When it came to our attention that there was a report that was being thrown around in the streets that was when it came to our portfolio committee. That was when unions were saying that there was a report.
Nobody knows the essence and contents of the report. The Speaker directed us, saying that there was no link between the Bill that we had to prepare and what was in the report. He was the only person in Parliament who could give us the confidence in the work that we were doing. We thank the Speaker sincerely for being able to give us direction.
The manner in which you played opposition politics and narrated your stories has nothing to do with the portfolio committee. At no stage did we commit ourselves to what the opposition member always said and explained in the papers, saying that there was a report. In terms of our regulations, performance and how we did our work in the portfolio committee, at no stage did we ever find that link.
You were correct when you said it was a misleading act to come to Parliament and tell us that there was a report, when nothing was ever presented officially to the institution of Parliament. It would be quite a disaster for us as a portfolio committee to say that that report was ever placed. It has always been about gossip and rumours. I can honestly say that none of the rumours and the gossip were correct.
As I stand here on behalf of the portfolio committee to thank the Interim National Defence Force Service Commission for the work that they have done, they and nobody else have ever been able to place the report. Today we have stood again for matters of principle and the following of procedure, that they will come to the institution and present it. They have to come and tell us what is happening.
We have not played at the level of gossip and rumours that have been spread around in regard to the issue. As the portfolio committee, at this particular moment, without listening, narrating and playing to enthusiasms about what the opposition leader said, we feel that the matter stands firm that there is no report. I vouch for what I am saying, and I stand by the oaths that I have taken in Parliament, that there is no report. You will be misleading Parliament by coming to claim that there is a report that has been placed somewhere. It has been rumours.
We told the South African National Defence Union, Sandu, to present the report that they had to us. However, the report that they had was gained by theft. We are saying to the union that the report they had was gained by theft. The portfolio committee agreed that the union had stolen the report from somewhere but it did not know where. As a matter of fact, that is what the records of our portfolio committee say: The union went and stole that report. Who they got it from and what the contents of that report are has never been deliberated before the portfolio committee. Again, it would be misleading to say that that report has ever been presented. Under my leadership, according to my knowledge, no report has ever been presented to the portfolio committee.
It is really misleading to Parliament when an hon member claims things - and tries to lead by all his activities and dancing - that there were links. We have finished the Bill and nobody has ever been able to prove the link and show us what was happening.
Let me thank the interim commission for the good work that they have done, and the commitment that they have shown in the way they have conducted themselves. The members have been able to stick to the mandate that they have been provided with. The level of transparency with which you have conducted this particular development, Minister, has been very valuable. You were the first one to come to Parliament and introduce the mixture of the opposition, our party and different people who would be able to take this responsibility. You have done very well and have been able to keep us informed.
If those members had gone against the discipline that you provided them with when dealing with issues of confidentiality, I must say that hon Holomisa, hon Groenewald and even hon Ntsiki were not able to break that form of discipline. We must really thank them for the way they conducted themselves. Even in times when we were very pressured and we feel that there was the responsibility of trying to confide and tell us what was going on in the report itself, they maintained that discipline. Hon members, we really want to thank you. You have done a very good job. From your own experience you have heard us telling you in the committee that you have had a variety of experiences which have been able to make their way into the report itself. Therefore, we would like to thank you very much.
You know, hon Holomisa, if I can repeat what I said to you at some stage when I met you, your experience is very valuable. Nobody can tell us that you have never gone through building up a defence. We have also told hon Groenewald that his experience has added a lot of value to the report that has come out.
I must say, Minister, we have heard members speaking today and we have had a reflection of the navy from them. People from the navy know it better and are able to tell you the truth about it, show it as in a mirror. One of our members has been trained there. They would have a better understanding of how a navy functions. We have heard a very good presentation from the landward section today. There is the issue of the combat-readiness which never suffices. Those members who are there and are committed to our country have today been able to stand firm and explain to hon members about the conduct and the challenges that the SA National Defence Force, SANDF, is facing in regard to its landward, air force and maritime areas.
Tomorrow we are taking an observation from the Air Force and one from Health. Both sectors and components have an influence on the combat-readiness of the SANDF. They have been able to present to us, unambiguously, the progress that has been made within the SANDF. I thought that hon members would appreciate that type of development because it speaks to our patriotism and how we should conduct ourselves, based on the information regarding the institution which has been provided.
Again, we would like to thank General Door for the way he conducted himself and also the Admiral for being able to give the navy a proper report on how we can look at the institution again. There is a lot of progress that has been made. We are quite confident that the improvements that we have put in place and the commission itself will be able to improve the conduct of the SANDF.
The Interim National Defence Force Service Commission's very experienced people have not come just to play games. They have made it very clear that they are good South Africans and they have taken on other responsibilities outside of their own responsibilities. When the Minister called upon them to come and help with giving South Africans a better view of the type of defence that should be built and the type of capacity that there should be, we must say that they were able to comply with that. They have been able to perform like honourable and professional people, as has been expected of them. Today, it has been able to put the matter that we keep on speculating on to rest.
We have been very, very clear in the portfolio committee, even in the recent past, and we are very emphatic about this, that what one hon member says to the media is not on behalf of the portfolio committee. Most of the time, that person speaks on behalf of himself, and not the institution itself, the portfolio committee. The portfolio committee does not have any other spokesperson. If there are issues that have to be raised and brought to the public, I do it in a very transparent way. I allow the media to participate in the institution and I have never understood at what stage hon members feel that it has to happen in a totally different way.
Nobody has an input in this matter. In the ANC appointments are made. There is no stage when I will come to you and solicit you to tell me what to do, or how our people should be appointed in the organisation. In that regard I am fairly well informed. I am telling you that there has been a misleading of Parliament and the broad public regarding how we handle reports within parliamentary precincts. That failure has been proven again today, even at the stage when the Minister has come and informed the institution about how she has handled the report.
Those things were all said in public, and they have been said quite a lot of times to the different members, in order for them to be able to understand. I must say that that was a failure of our own system. It is when individuals take it upon themselves to think that they are above the system itself. I thank you. [Applause.
Mr H T MAGAMA: Deputy Speaker, the Portfolio Committee on International Relations recommends that the House approve the ratification of the African Charter on Democracy, Elections and Governance.
This is a clear and deliberate decision by the government of the Republic of South Africa to be amongst the countries taking the lead on the continent, demonstrating our commitment to good governance, popular participation, respect for the rule of law and the promotion and protection of human rights.
The charter seeks to entrench and consolidate on the continent a political culture of change of power through the holding of regular elections which are free, fair and transparent, and which are conducted by a competent, independent, impartial, national electoral body. It thus provides for the enhancement of the role of election observation and monitoring in contributing towards the credibility of elections.
South Africa has proudly put in place all the necessary institutions for the effective implementation of this charter. Its ratification, therefore, will confirm our country's resolve to lead by example and encourage fellow African countries to do the same and embrace this instrument. This instrument has the potential to address the political and socioeconomic situation in Africa by deepening peace and security which, by themselves, constitute the necessary preconditions for development, progress and prosperity in Africa. Thank you. [Applause.
Ms S V KALYAN (DA): Deputy Speaker, the African Charter on Democracy, Elections and Governance was adopted at the 8th Ordinary Session of the AU Assembly of member states of the African Union in January 2007.
The charter was developed as part of the AU's emphasis on promoting democracy and good governance in member states. As such, it has the potential to serve as a guide and reference point for sustained and ongoing political reform on the African continent. It also places emphasis on women and youth.
However, it must be ratified by 15 states before it takes effect. In July 2010 only five states had ratified it. South Africa was not one of them, which is most unfortunate.
The Pan-African Parliament, PAP, was given the responsibility through article 45 of the charter to promote it. It was thus decided to launch the "11 Before 2011" campaign in order to get as many countries as possible to ratify it ahead of the AU's Heads of States Summit in 2011.
As the Pan-African Parliament delegate to the Central Africa regional meeting in early September, I undertook to write to the Minister and was delighted when she referred the charter to the portfolio committee. South Africa will be the second Southern African Development Community, SADC, country to ratify the charter after Lesotho. We should have been the first. As the host country of the Pan-African Parliament, we need to lead by example and promote democracy. Nevertheless, we support the charter fully and the next step will be to encourage compliance by the member states.
Accession to the African Charter on Democracy, Elections and Governance approved.
Reports accordingly adopted.
The DEPUTY SPEAKER: Order! I wish to acknowledge the presence in the gallery of Mr Kumar, the Consul General of India in Cape Town to the Republic of South Africa, as well as Mrs Kumar - you are welcome. [Applause.
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Deputy Speaker, hon members, on this occasion of the 150th anniversary of the arrival of the Indian community in South Africa, it is fitting that we express ourselves on unity in diversity.
When the Indians arrived in the colony of Natal to work on the sugar cane farms they were, in fact, no different from the African people, who were hunted like animals, captured and forcibly transported to the Americas to work on the farms, in households and in the construction industries that produced the great civilisations of Latin and North America.
These Indians, like African slaves and workers in America, came from diverse ethnic and cultural backgrounds, but were united by their spiritual traditions which nourished their self-respect, self-worth and self-esteem, culture of self-help and self-reliance, and a sense of development and progress. These values sustained their human dignity in adversity and aroused the disposition to associate with one another for mutual benefit.
While working as slaves on sugar cane farms and in other industries the Indians, like Africans in the diaspora, rediscovered their spiritual traditions and harnessed them for spiritual growth and development. Thus they conducted their lives according to sound moral and ethical principles, despite the adverse conditions in which they lived and worked. The arrival of Mahatma Gandhi provided them with a spiritual and political leader who enriched all South Africans. We should note, in particular, the principle of nonviolent struggle that Gandhi shared with Martin Luther King Junior.
The social and economic advancement of Indians in South Africa, like that of Africans in the diaspora, proves correct the wise words of our icon, Nelson Rolihlahla Mandela, who said that social transformation cannot be achieved without spiritual transformation. The Indian community built its own temples, schools, mosques and cultural schools, through which they preserved and practised their diverse cultures, religions and languages.
Similarly, Africans in the diaspora rediscovered their heliocentric, that is, sun-centred, spiritual traditions which were taught by the African Sage Khem or Thoth Hermes. They built lodges for the preservation and propagation of their solar culture and religion. They practised this solar culture and religion in the Rosicrucian and Masonic Lodges, which could be traced back to the land of Khem, including ancient Ethiopia and Egypt.
The devotees of Karaism, which is a sun-centred religion or Hermeticism, collaborated with Ethiopian Christians who had seceded from colonial churches and established their own churches and schools. These institutions, like those of the Hindus and Muslims in South Africa, laid the foundations for nation-building and social cohesion in these communities.
The nationalist spirit kindled by these spiritual traditions and the working-class consciousness led to the formation of the Natal Indian Congress in 1894, and the Native Congresses of the four South African colonies at the beginning of the 20th century. It could therefore be said that spiritual traditions and worker consciousness catalysed the formation of nationalist organisations which became motive forces for the liberation of South Africa. The formation of the South African Native National Congress, SANNC, in 1912, renamed the African National Congress in 1923 and the South African Indian Congress, SAIC, was the product of spiritual and worker consciousness. The pact of the three doctors, Xuma, Dadoo and Naicker in the 1940s was the product of these people's movements.
It could be said, therefore, that moral and ethical values have always guided the founders of our nation, such as John Langalibalele Dube, Mahatma Gandhi and Dr Abdullah Abdurahman who founded the African People's Organisation, APO, in 1902. Abdurahman was a coloured nationalist who used the words African and coloured interchangeably to include both black and coloured Africans, thereby transcending present-day discriminatory differentiation between Africans and coloureds which borders on a new form of racism.
The proliferation of incidents of moral degeneration, such as alcoholism, drug addiction, the tragic killing of others including foreign guests, and the abuse of women and children such as drugging and raping of girl children at schools, shows that cohesive nations cannot be built without value systems. Provision of social services including water, electricity, and social grants without a value system underpinning them cannot produce self-respecting, cohesive, caring and sustainable communities. Human development has both spiritual and material aspects.
Politicians alone cannot achieve both; they need partnerships with faith communities, including Hindus, Muslims, Karaites and devotees of African religion who were marginalised under apartheid colonialism.
In our work as public representatives, community workers and leaders we must learn from the Indian community, the African diaspora and the founders of our nation, that social transformation cannot be achieved without spiritual transformation. Regardless of our cultural, religious and linguistic diversity there is a common thread that makes all of us one in diversity.
"Motho ke motho ka batho" is the maxim that says "I am through others" or "I am because we are". This "botho" or "ubuntu" philosophy was first echoed in 1892 by John Langalibalele Dube, a founding President of the ANC, in his public lecture titled, "Upon my Native Land". Dube foretold the birth of a new Africa that would be a spiritual, humane and caring society.
These values were embraced by Dr Pixley ka Isaka Seme in his 1905 oration titled, "The Regeneration of Africa". Seme highlighted the importance of cultural heritage in nation-building, when he called for the creation of a unique civilisation for Africa and Africans. In other words, nation-building and heritage development could not be separated.
In his 1921 public lecture titled, "We are not Political Children", Rev Z R Mahabane, third President of the ANC, observed that Africans had been degraded and dehumanised, and he made the recovery of African humanity a prerequisite for the recovery of the humanity of all South Africans, both black and white. Mahabane planted the seeds of nonracialism which found expression in the Bill of Rights adopted by the ANC in 1923. The opening paragraphs of this Bill of Rights asserted the humanity of African people and demanded their right to participate in the economic life of the country.
It is not surprising that in its 2007 Strategy and Tactics document the ANC observed that the dark night of apartheid had been receding and called for a nonracial, nonsexist, united, democratic and prosperous South Africa, in which the value of every citizen is measured by our common humanity - ubuntu or botho.
The adoption of a resolution for the establishment of a committee on nation-building and heritage by this House is a recognition and acknowledgement by the hon members of the House that Parliament has a major role to play in nation-building and heritage development necessary for social cohesion.
The Muslim Ramadan, the Hindu Diwali festival and the African New Year and Rain-Making ceremonies take place around September and October. All these festivals, though not officially recognised are part of the living heritage of these communities and their celebrations serve to cultivate moral and ethical values within them.
The passage of a host of laws which were racially discriminatory evidenced the danger of separating law and morality. These values of a just and caring society should underpin our social and political order to prevent moral degeneration which manifests itself in, inter alia, corruption and related vices.
The establishment of the Parliamentary Interfaith Council by this Parliament recognises and acknowledges the role that faith communities play in the cultivation of moral and ethical values in our society. This council will provide an interface between Parliament and faith communities to ensure that there is no watertight separation between law and morality.
The strict observance of moral and ethical values within the Indian communities offers great lessons to African communities, especially in townships and informal settlements, who lost their cultural heritage under apartheid colonialism. These values are particularly important, in fact, indispensable, for nation-building and social cohesion. The interaction of all our communities, both black and white, is particularly important, as it affords South Africans opportunities to learn from one another, for mutual understanding, tolerance and respect.
The national conference hosted by the National Heritage Council and the South African Departments of Arts and Culture, Social Development, and Education on 31 August 2010 called for the recognition of Ubuntu Day and resolved to launch a campaign for the restoration of Ubuntu values and principles. Given the deepening moral degeneration in our society, such a campaign is long overdue. It is hoped that all faith communities and civil society in general will partner with government, Parliament and legislatures to run the campaign for moral regeneration and in particular the restoration of ubuntu values and principles.
The African Renaissance and Nepad, falling within the tenth strategic objective of Parliament couched as African renewal, advancement and development, should be an umbrella including a moral regeneration programme driven by government, civil society and, in particular, the interfaith movement.
In this regard, the classical Indian and African cultural heritage, which was suppressed under apartheid, could make a great contribution to nation-building and social cohesion. It is hoped that the new committee on nation-building and heritage development will become a parliamentary mechanism for the realisation of an activist parliament and the African Renaissance renewal, advancement and development of the African continent.
As I conclude, hon Deputy Speaker, let me say that what we can learn from the Muslim and Hindu communities is that values cannot be cultivated by a plethora of charters without the necessary cultural institutions to teach these values and integrate them into school programmes and out-of-school programmes. African communities have a lot to learn from the Muslim madrasah schools and Hindu temple schools. The establishment of African cultural heritage centres along similar lines could contribute to moral regeneration, mutual understanding and tolerance, social inclusivity and development of South African and African identity.
Let us take this opportunity, as the ANC in this House, to send warm fraternal greetings to the Indian community on the occasion of the celebration of the 150th anniversary of their arrival in South Africa. My wish is that they will continue to make valuable contributions to building this nation. Thank you. [Applause.
Mrs S V KALYAN: Deputy Speaker, it is indeed a privilege to participate in the debate to mark the 150th anniversary of the arrival of indentured Indian labourers in South Africa. It is an opportunity to honour the memory of unsung heroes and heroines who through blood, sweat and tears contributed to this country we know as home.
The history of how Indian indenture came about is worth repeating. When slavery was abolished, the British needed a new source of labour. The British, being rather creative with words, came up with the term indenture, which in essence meant slavery.
The indentured labour system was introduced by the British as a substitute for "forced labour and slavery".
The indentured Coolies were half slaves, bound over body and soul by 101 inhuman regulations.
The Immigration Department in Natal published a notice in regard to coolies intending to immigrate to Natal. The notice promised that they would be taken good care of and have clothing, food and medication. They would be paid £5 a year and be indentured for five years, after which they could return to India at their own expense, or after 10 years they would get a free passage.
Sadly, many of these promises did not materialise and the reality is that they were herded like animals into the holds of ships and food and water were strictly rationed. Upon landing in Port Natal, they found their white masters harsh. They worked long hours, lived in tin houses and were flogged regularly.
The first ship to leave India was the SS Belvedere, which had 342 persons on board. The first ship to land in South Africa was the SS Truro, which had 340 persons on board. The SS Truro had 101 Hindus, 78 Malabars, 61 Christians, 16 Muslims, one Marathi and a few Rajputs.
The reason for my giving you the breakdown is to illustrate that once on board, they all had to live and eat together and depend on each other. Coming from a country where the caste system dominated and dictated status, this in itself was a huge culture shock. Muslims had to eat nonhalaal food and Brahmin Hindus had to mix with the Dalits, the untouchables. So, the first lesson that we can learn from the indentured Indians is that irrespective of class or caste, we are all equal and need each other to survive.
What I find quite interesting is that when passenger Indians started to arrive in South Africa, the caste system, based on the regional identities, became firmly entrenched, so much so that the term Kalkatias was given to the North Indians and the term Madrasis was given to the South Indians. There was this unspoken convention that Kalkatias and Madrasis married those of their own caste and intermarriage between the two was frowned upon.
This convention persisted well into the 1980s and I speak from personal experience. I am Hindi-speaking. My mom is Maraj from the Brahmin caste by birth. My dad was a Sonar, which is a jeweller. My husband is Gujarati-speaking. His mother is a Kshatriya or a warrior, and his father is a Darjee or a tailor.
When we wanted to get married, we knew we were going to face some difficulties and, boy, did we! If you think politics is rough, try getting two families from different ethnic groups to agree to a marriage. Fortunately, my dad was a good negotiator and we had a happy ending.
While caste was not an issue for the indentured Indians, the term "coolie" was, and many took umbrage. Kuli, spelt k-u-l-i in Tamil, refers to payment for menial work for persons from the lowest levels in the labour market and without customary rights.
The distinct humanity of the indentured individual was, in a single move, appropriated and eliminated the person collapsed into payment.
In India the word is applied to the lowest class, and regarded as a term of approach. Nowadays, the term is seldom used and, if I hear it, I personally don't take offence. In fact, I sent a tray of eats to my colleague on Diwali Day and he sent me an SMS thanking me and saying he had "flattened the driehoek coolie koekies" first. [Laughter.] I burst out laughing, because I knew he meant well.
Nevertheless, despite all the hardships, the indentured Indians endured, and they made their impact on the production of sugar, or "white gold" as it was then referred to.
Coolie Immigration after several years experience is deemed more essential to our prosperity than ever. We certainly could not have boasted that our sugar exports increased four-fold in one year (sic).
Gandhi's memorable ejection from a first-class train is well known and I won't dwell on it, but I would be failing in my duty if I did not focus on his other roles. While in South Africa, he picked up that proposed legislation in Natal in 1894 that would deregister Indians as voters. He gathered 10 000 signatures and forwarded the petition to Lord Ripon, Secretary of State for the Colonies in London, and the law was disallowed.
In August 1894, he got hold of the passenger Indians to found the Natal Indian Congress, which was the first organised challenge to the racist status quo. In 1896, Natal passed the Immigration Restriction Bill and the Dealers' Licence Bill, which effectively denied trading rights to all Indians.
Gandhi's persistence managed to reduce the residential tax for Indians, who chose to remain as free labourers in the colony on expiry of their contract from a punitive £25 to £3.
When he went back to India to fetch his family, he wrote a pamphlet called The Indian Franchise - an Appeal. His intention was to inform the world about the sufferings of Indians in South Africa. The government of Port Natal went berserk and proceeded with legislation to exclude Indians from trading. The Europeans threatened to push every Indian into the sea. In 1913, the Immigrants Regulation Bill classified Indians as prohibited immigrants and they were limited to Natal.
Ghandi published a newspaper called the Indian Opinion. Without this newspaper, the Satyagraha movement would not have been possible. Ghandi's grandson, Satish Dhupelia, says that were Ghandi alive today, he would personally have led the campaign against the Protection of Information Bill, which seeks to curb media freedom.
In 1913 a court judgement ordered that all marriages, except those done according to Christian rites were nullified in South Africa. It reduced the rank of an Indian wife to that of a concubine and the children were deprived of the right to inherit.
This incensed the Indian indentured women and galvanised them into action. Thousands from Natal went to the Transvaal to hold protest meetings. They were arrested, because they had crossed the borders without a permit. Valliammai, a 16-year-old died in detention.
Their sacrifice was not in vain and resulted in the £3 tax being abolished by the Indian Relief Act of 1914 and Hindu and Muslim marriages were also recognised. Today we commemorate their hardships, relive their history, and acknowledge our roots but, at the same time, we claim our space and rights as South Africans.
What lessons can we learn from the indentured Indians Eighty percent chose to remain in South Africa after their indenture was finished. Despite their atrocious conditions and hardships, the strong spirit of determination to succeed prevailed. They built places of worship and schools which still stand as monuments, a testimony to them, and which benefit all of us today. Ghandi said?
We can learn a lot from our Indian brothers and sisters' invaluable contribution to South Africa.
We have gained comfort from their pain and suffering.
One hundred and fifty years later no South African Indian should have any doubts about their identity. We are South Africans. I am a third generation South African of Indian origin. I live in a country where democracy prevails and I can celebrate my mutual identity with freedom. I am proud of my culture and religion and I'm regarded as an equal citizen. As a South African Indian, I have a duty to preserve and protect our age-old sacred cultural, moral and religious values.
On behalf of the DA, I would like to wish all my Muslim friends Eid Mubarak. We all have a link to that first Indian indentured labourer who came to South Africa or, as he is referred to, Coolie No 1, Devaram, and we walk proudly in their footsteps.
Man is made by his belief. As he believes, so he is. [Applause.
Mr M G P LEKOTA: Madam Deputy Speaker, I'm on a weak footing on this subject of celebrating the Indian community in South Africa because of the province from which I come and its history with this community. I'm glad to say, though, that I happily join in with others, knowing that all of us have been part of the struggle that made the Free State also the home of the Indian community, like all others.
Some 150 years ago the first Indian indentured labourers landed on the shores of our country. They were brought to this country because Africans, the original indigenous Africans of this country, were resisting working on the sugar cane fields of Natal as it was known at that time. As a result of this resistance, the subcontinent of India, which had already been subjected to British rule, made it possible for Indians to be imported here as indentured labourers.
It's an interesting bird's-eye view to see that wherever there was resistance to enforced labour, the colonial rulers of our country visited other parts of the world and brought labour here, such as from the East Indies to the Western Cape, or from China to strengthen the working force in the Gauteng gold mines.
We celebrate this particular community - the Indian community - today, and we have to look closely at the contribution they made to our history, and not only to the industrialisation of the country, as elements of labour here. At the same time they immediately joined in the struggle for equality of status - for rights like everybody else. That is particularly important because in 1860, with the founding of the All India Congress - what was then called in India the Indian Congress - the struggle against British imperialism in India started. They brought this to the shores of South Africa, and, in fact, this led directly [Interjections.] - I'm not as small-minded as that. We are celebrating South Africa and we are celebrating the communities here. It has nothing to do with the little things that there are here; it has to do with the value of what the community has done, and I will address that issue.
We want to say that we own this country, its history over the centuries, and we would be less South African if we thought that there were certain parts of the history of this country which belonged only to some and not to all of us - South Africa is for all of us and it will always be so. If anything, that is the kind of South Africa we want to build, a South Africa that is for all of us, in which everybody is South African.
The fact that we may hold different views on this, that or the other does not change that reality. Therefore, I say with pride that the Indian South Africans who arrived at that time made history for all of us. They set a timetable and a programme that has made all of us the product of this country.
So, when they formed the Natal Indian Congress in 1894, they pointed the way to the struggle in the future of a South Africa that was quickly becoming a capitalist society, in which our own great grandparents from the Transkei, the Free State and the North of this country were moving towards Johannesburg to the mines, and to Kimberley. It was Africa's labour force. The working class of South Africa was taking root.
As that was happening, South Africa's urban centres were developing, the townships of Sophiatown and others, which led to the forming of Soweto. The townships of Durban led to uMlazi and with the establishment of those townships South Africa was growing. The township of Chatsworth and others were born as a general movement of the development of the working class in our country. At that time, none of the present political organisations were there, not then. Therefore, we say that if we are to celebrate in full, we must recognise the contributions made by these communities across decades and centuries.
As we began the last century, the 20th century, just after 1910 we saw the Indian community struggling to cross into the Transvaal against a vicious, backward Republic of Afrikaners that did not want them to settle there. A consequence of this was that at Volksrus in 1913 little Valliammai, at the age of 13, was killed as part of that struggle to move into the Transvaal. That explains that it was the success of that struggle that led to the situation that we have today, a settled, very powerful part of the Indian community in the Transvaal.
It's a sad thing that happened in the Free State - there was not sufficient economic development to lure them there in large numbers. It's also a shame that for so long a province like that sustained legislation that denied them the right to make the Free State their home.
We must see both the good things and the backward things that we did to each other in our history, and we must be ashamed that some of the things were done in that way. I say with pride that if the death of little Valliammai inspired the struggle, it was to be reignited much later in 1976 with the death of a little child of 13 years, Hector Pieterson. It was history repeating itself, in different circumstances but at same time generally driving in the same direction.
So, we can take pride in the fact that all of us made equal contributions, and spilled our blood for the same cause. By the way, at the founding of the first liberation organisation in Africa, the African National Congress, an argument arose as to what it was to be called. The delegates who were at that meeting argued from various angles, but they said that the name, whatever it was, had to include the word "congress" because they were so inspired by the performance of the Natal Indian Congress that they wanted an organisation that would be capable of doing what the Natal Indian Congress had already demonstrated, which was positive. That is the history of our country.
The DEPUTY SPEAKER: Hon Lekota, as this is very important political education, I've given you two minutes extra already.
Mr M G P LEKOTA: Madam Deputy Speaker, I would like to fast-forward in history because I want to say that the Indian [Interjections.
The DEPUTY SPEAKER: Order!
Mr M G P LEKOTA: I would like to say that the contribution of the Indian community in our country was not limited only to struggle issues. The Indian cuisine that has now become part of and characteristic of our culture came with them.
In the area of sport, the Indian community has made incredible history. I want to recall that fact in regard to sports such as hockey and golf. Let me remind you of this, and this Parliament must take note of it. In 1964 Sewsunker "Papwa" Sewgolum, a self-taught Indian who did not hold a golf stick according to what was taught in academies and so on, competed against Gary Player and others, and he beat them! But, let me tell you something that all of us must be ashamed of. When he won and the prizes were to be given out, because of the Separate Amenities Act he was not allowed to go into the club to receive his trophy; he was made to stand outside and it was raining. He was given his trophy there in the rain, with somebody holding an umbrella over him! But, he had won the championship! I see that we honour Gary Player, who was honoured by the old order; fine, I also honour him. But I do think that we must honour Papwa Sewgolum for the example he set our country. I thank you, but I say, "Halala [Congratulations], the Indian community! Halala! [Congratulations!]" [Applause.
The DEPUTY SPEAKER: Halala! [Congratulations!] Thank you, hon members. No, hon member, I took into account the fact that hon Lekota has been here since August. Since this is the last week, he really wants to put in everything for this term now! So please excuse him. [Laughter.
Mr M J ELLIS: Madam Deputy Speaker, I think the hon Lekota has taught us all a lesson though, that if we want extra time we have to talk very loudly into the microphone and you get to give us extra time! [Laughter.
The DEPUTY SPEAKER: You won't succeed in doing that!
Mr N SINGH: Deputy Speaker, I think hon Lekota certainly scored a hole-in-one with his last suggestion. [Laughter.
Hon Deputy Speaker, it is a great honour for me to pay tribute today to the first Indians to arrive on South African shores exactly 150 years ago, on 16 November 1860. Amongst those I honour today is my grandfather who, as a 23-year-old, arrived on South Africa's shores from North India on 14 April 1897, when he disembarked from a ship called the SS Umzinto. Ironically, uMzinto is still in the area where I reside today.
The contribution of my grandfather and the many other Indian migrants between 1860 and 1911 is well documented but, I fear, the contribution of the Indian community to our country has not yet been fully assessed and not fully appreciated.
Amongst our country's unsung heroes and heroines are undoubtedly the first pilgrims from India who landed on our shores on board the SS Truro. The Indian migrants came searching for greener pastures, but for many these were the sugar cane fields of KwaZulu-Natal. My grandfather too found employment in this industry, and as a young man made a living working for a sugar cane company in Port Shepstone.
History records that from the many trials and tribulations of the Indian migrants emerged as many triumphs, and a sense of purpose too. Indian people lived cheek by jowl with their African brothers and sisters until 1966, when the Group Areas Act, which separated all South Africans, came into effect.
But, this did not dampen the fighting spirit of the Indian people. It was the South African Indian community who invested their originally very scarce resources in the education of their children and the upliftment of their social and economic conditions, so that each subsequent generation could surpass their father's one, not only in terms of economic prosperity, but also in terms of education, knowledge and awareness. This led to the establishment of almost 400 community-built schools, mainly in KwaZulu-Natal.
Deputy Speaker, the arrival of our Indian brothers and sisters in South Africa also led to a powerful relationship between India and South Africa. Today, we laud the role of India in shaping the political landscape of South Africa. India has left indelible imprints on the human race over the course of centuries. Today, India is not only a rising 21st century superpower, but the pace of change in the world's largest democracy, with its vibrant and open society, is simply inspiring.
History records that we - South Africa and India - share a common past. Both of our countries were subjected to occupation by British imperialists, and our hardships and experiences during our colonial periods bear striking resemblances. I am proud that South Africa and India's special relationship was forged in the struggle against racial oppression and discrimination.
But, despite the commendable relationship between our two countries, the fact remains that, 150 years after the arrival of the first Indians to our shores, many challenges still remain for South Africa's Indian community.
The perception that all Indian people are rich businessmen and women is false, and has created, in my opinion, the myth that there are no poor Indians in South Africa. This is simply not true. A quick tour around KwaZulu-Natal, in particular, will reveal that some of the poorest inhabitants of KwaZulu-Natal are, in fact, people of Indian origin. It is with this in mind that I believe that there is an urgent need for government and NGOs to do more to assist those communities to access housing and other basic services.
In addition, clearly not enough has been done to preserve and honour the culture, religion and traditions of the Indian community. But, our constitutional imperatives are a great step forward. Currently, the state broadcaster - and I'm glad that the Minister of Communication will be participating in this debate - only flights 102 TV programmes of interest to the community per week, while there has been no concerted effort on the part of government to promote Eastern languages. More schools, for example, could offer Eastern languages as part of the curriculum. The issue of equal job opportunities for young graduates is also a matter of concern.
It is my firm belief that it is important that we take advantage of this moment in history to ensure the lasting and sustainable legacy of the community. There have been many calls for national monuments like at Curries Fountain in Durban and the Durban market, similar to the Afrikaner Voortrekker Monument.
Professor Ashwin Desai, an author, suggests that such a centre, like a memory bank or culture centre, should be constructed to bring together into a central place a collection of photographs and artefacts of the history of South Africans of Indian descent. Sadly, the only centre in Durban, the Durban Documentation Centre, was closed down recently.
Curry and rice and bunny chows are today two of KwaZulu-Natal's, and indeed South Africa's, most favourite dishes, but the legacy of the Indian community of South Africa is far greater than that of food alone. South Africans of Indian descent have greatly enriched our nation, especially so the province of KwaZulu-Natal.
Simply and plainly put, without the blood, sweat, suffering and toil of the people of the Truro and the many more Indians who followed them, South Africa would not be what it is today and would not enjoy the levels of prosperity, development and stability which we now have, and which, albeit far below our intended goals and aspirations, are nonetheless superior to those enjoyed anywhere else in sub-Saharan Africa.
I also want to wish members of the Muslim community Eid Mubarak for tomorrow.
We all know that when you speak to an Indian he says, "Nothing for nothing," because nothing does come for nothing. I stand here today as a proud South African of the IFP, and also as a person who is proud of my heritage, roots and culture. Thank you very much, Deputy Speaker. [Applause.
Mr J J MC GLUWA: Deputy Speaker, as we gather today to celebrate the arrival of Indians in South Africa 150 years ago, allow me to pay tribute to the contributions made by the Indian community to all forms of our nation's development.
On this day 150 years ago, Indians arrived on the shores of Durban in various ships. They were brought here for the sole purpose of working as slaves on the sugar cane fields of KwaZulu-Natal.
I doubt that their colonial masters had any idea that within a short space of time the very slaves they had imported would become wise and successful business people. Less than three decades later, many Indians ventured out from being cane cutters to being cane growers. Soon, several Indian slaves were successful entrepreneurs in their neighbourhoods. Many of the slaves had the option of returning to their motherland, but instead they remained behind and joined the fight against oppression with their fellow South Africans.
We are especially proud of the role that Indians played in the freedom of our nation. Under the guidance of Mahatma Gandhi, through peaceful protest, they helped change the face of our nation through nonviolent demonstrations.
From the early 1900s onwards the Indian community recognised the evils of apartheid rule and the impact that the inequality was having on their fellow African brothers. It is for this reason that they stood side by side with them in the fight against racial oppression and inequality.
The formation of the Indian Congress was a turning point in this struggle, as the fight against the apartheid regime gathered more support from the international community. But, whilst this formation was Indian in identity, they remain to this very day proudly South African.
On behalf of the ID, I wish to congratulate all Indians in South Africa on the role they played in transforming our country, and the ongoing contribution they make to the development of our nation. I thank you. [Applause.
Mr S Z NTAPANE: Hon Deputy Speaker and hon members, the UDM joins the rest of the House in paying tribute to the Indian people who arrived on our shores 150 years ago.
Since the arrival of those first indentured labourers, they have left an indelible mark on the shape of our history. There can be no denying that people of Indian origin have been inextricably linked to the growth of our country. They have witnessed and experienced the years of colonial rule and the subsequent rise and fall of apartheid.
In that time their identity was reduced to a question of race without regard to the richness of diversity among themselves. During those decades, being an Indian meant being nonwhite and nonblack. This arbitrary and immoral racial classification was the cause of endless suffering and injustice. The former regime also mastered the art of divide and rule and sought to inflame racial animosity between Indian people and people from other racial and cultural groups.
Happily, those days are now behind us. Indian people played a very significant role in bringing about democracy. For instance, one of India's greatest statesmen, Mahatma Gandhi, spent time in South Africa and experienced our oppression at first hand.
Today, we can proudly celebrate the far-reaching role that the descendants of those first indentured labourers have played, not only in politics, but also in sport, culture, medicine, arts and industry. They have been active contributors to the South African nation. We salute their contribution. Without them our rainbow nation would be distinctly less bright and colourful. Thank you, hon Deputy Speaker.
Dr C P MULDER: Hon Deputy Speaker, I believe that if you had given the hon Lekota a further fifteen minutes, he would probably have also lectured us on the founding of another congress. [Laughter.] But he couldn't get to that point. Thank you, therefore. [Laughter.
On behalf of the FF Plus, I would also like to extend a word of congratulations and thanks to our compatriots of Indian origin and descent who are South African citizens for the role that they have played over many years.
I think it is also correct that we look at history from a different angle. Even though it is true that a large majority, or the bulk, of Indians came in 1860, it is also true that it is said that the first person of Indian descent arrived in 1657. This was a lady known as Mooi Ansiela. She was born in north-west India, and arrived with Pieter Kemp on board one of the ships called the Amersfoort. She was an employee or a slave of Jan van Riebeeck. In 1668 she was made a free burgher and she was then allowed to do whatever she wanted in regard to her slavery.
It is also interesting to note that slavery and the whole thing that happened here was in 1860. In the two Boer Republics slavery was abolished in 1854 in terms of their constitutions.
Now, the Chief Whip referred to the whole issue of unity and diversity, and I have also listened to what our colleagues have said today. I remember something from when I was a child. I was brought up on the West Rand in Gauteng, and I remember many Sunday afternoons in the early 1960s when there was not much to do. We would get into our cars and drive to have a look at the beautiful double-storey houses in Azaadville where our Indian compatriots were living.
Today things are different. Today Indians are in terms of the Employment Equity Act and affirmative action considered as black. Things have changed, but the important point I would like to make is this: No minority in a plural society will ever in the long-term survive by claiming credentials through supporting the majority in that sense. What we need in South Africa in terms of the constitutional dispensation is the recognition of the rights of different communities in terms of their cultural and linguistic heritage, and to make provision for that in our constitutional dispensation. That is where your future will lie, not in trying to suck up to any majority, regardless of who that majority may be. Thank you.
Mr S N SWART: Madam Deputy Speaker, the ACDP joins in celebrating the 150th anniversary of the arrival of the Indian community in South Africa, beginning in 1860 with approximately 152 000 [Interjections.] - if I've got time. It began in 1860 with approximately 152 000 Indians coming to Natal between that year and 1911.
Many were made outrageous promises about luxurious living conditions and a better life, whilst others were physically abducted and placed on board ships. Families were torn apart through this process and, as indicated by previous speakers, a five-year contract was offered, renewable after five years with a sweetener of a return ticket.
The conditions on these ships were deplorable, with many succumbing to diseases that spread. When they arrived here, they were subject to a physical examination in a manner very similar to how cattle were examined before they were purchased.
There were no schools, churches or temples in place to allow some degree of normality in their daily existence. Ironically, the first Indian couple that stepped onto South African soil were a Christian couple by the name of Mr and Mrs Devaram.
From humble beginnings the South African Indian community has progressed to a point where, despite small numbers, they are playing a leading role in the sociopolitical and economic life of South Africa. This, against the background of being discriminated against by whites who perceived them as an economic threat during apartheid. Regrettably, the current policy of affirmative action is perceived by many Indians as a means of marginalising them in favour of other previously disadvantaged persons.
How did they then succeed It was by implementing a simple yet highly effective ethos under which they lived, namely a strong focus on education and a solid family value system. This we should all learn from?
The ACDP acknowledges the significant contribution that the South African Indian community has made to the country. They brought colour, spice and dance to South Africa that, it is argued, cannot be replicated by anyone else in the world, except possibly by Indians in India itself.
We in South Africa owe a similar vote of gratitude to the South African Indian community who are first and foremost loyal and dedicated South Africans. I thank you.
Mrs F HAJAIG: Deputy Speaker, comrades and colleagues, the following text is a salute to all women who fought valiantly in our struggle for liberation, and to celebrate the outstanding freedom fighters, especially women of Indian ancestry, who have inspired us with their bravery and commitment in the fight for justice and peace.
Today commemorates the 150-year anniversary of Indians' arriving on South African soil. The first Indians from Madras arrived on the ship the SS Truro on 16 November 1860. On 4 October 1860, the ship SS Belvedere had left Calcutta with 310 passengers. Great Britain had introduced a new system of slavery in the form of indenture to serve the needs of its developing colonial economies. Famine in the north-western province of India contributed to 17 899 people emigrating from Calcutta. On account of severe famine in South India, 428 000 people left from Madras. Between 1860 and 1911, some 152 184 indentured labourers from across India came to South Africa.
The Indians signed a ludicrous statement of contract.
not £10 [Interjections.] it was 10 shillings ... [Interjections.]...
concluding with 14 shillings for the fifth year.
Many died on board the ships due to harsh, unsatisfactory conditions, and those who arrived worked as cheap labour and lived in inhumane conditions completely controlled by their employers.
Later, in the 1870s, the free Indians or so-called "passenger Indians" who paid their own passage to Natal, the majority of whom came from Gujarat as traders, artisans and workers, arrived.
For Indians, the laws treated them as migrants, and it was the intention of the law to discourage them from staying longer in South Africa. One measure was that the colonial government did not provide any schooling for Indian children.
Mohandas Karamchand Gandhi - the Mahatma - a young lawyer educated in India and England, arrived in 1893 to start work in Pretoria on a lawsuit. During his journey from Durban to Pretoria, a white passenger complained about sharing a compartment with an Indian. He was asked to go to the third-class compartment. He refused to do so and was forcibly and unceremoniously thrown out of the train in Pietermaritzburg.
In 1894, a year after Gandhi arrived in South Africa, the Natal Indian Congress, NIC, was founded. Numerous discriminatory laws, harsh taxation and unbearable conditions experienced by both free and indentured Indians continued. The NIC's aim of satyagraha was to improve the rights of Indians in South Africa and to end the practice of indentured labour. The Transvaal Indian Congress, TIC, and Cape Indian Congress, CIC, were later formed. Three years later, in 1919, the South African Indian Congress was born.
The British government rushed the Franchise Bill through Parliament in 1898, followed by two more Bills aimed at passenger Indians, the Immigration Restriction Bill and the Dealers' Licences Bill, curbing migration and trading. The white community obviously saw them as a threat. In 1906, the Transvaal government passed a law making it compulsory for Indians over 8 years of age, children, to carry a pass bearing their thumbprint. This caused outrage among the Indian population. By the end of January 1908, 2 000 Asians had been arrested for failing to register. Eventually Gandhi and the leader of the Chinese population in South Africa, a Mr Leung Quinn, reached an agreement with Jan Smuts, the Transvaal Colonial Secretary, whereby the Act would be repealed if everyone registered voluntarily, but Smuts denied any promises made to Gandhi and, on his way to the Registration Office, was duly assaulted.
Gandhi and members of the NIC and TIC were in and out of prison on an ongoing basis as they led campaigns against unjust laws. In less than a month, 300 Hindus, Muslims, Parsis and Christians became members. Sohrab Rustomjee, Ahmed Cachalia, Ebrahim Asvat, Mohamed Nagdee, Mr P K Naidoo and numerous other leaders were imprisoned. In 1913, Thumbi Naidoo succeeded in mobilising about 5 000 miners to down tools to protest against the â¤3 tax imposed on them.
Unfortunately I have only four minutes left and I would like to recognise the role of Indian women. I would quickly like to say that little is known of their role in the Indian resistance movements, for example, as they fought alongside the men to change the course of history. Only recently did the Indian government honour a young 16-year-old martyr, Valliammai Munuswamy Mudliar for her role as a first-generation freedom fighter alongside Gandhiji, as Mr Lekota, who has left, has said.
Although Indian women have always played an important role in social and communal life, much of their work in households and in their families, supporting their men and children, was unrecognised. It was Gandhi who fought for this dramatic change in the role and status of women in South Africa and India when, at his request, they came out in large numbers from the shelter of their homes. Indian women first embraced the struggle in 1913 by way of an open invitation from the satyagraha association to join men in retaliation for the Searle Judgment which invalidated all non-Christian marriages. All Hindu, Muslim and Zoroastrian marriages were declared null and void. This meant that all Indian married women in South Africa were reduced to the status of concubines while the children were classified illegitimate and deprived of all rights of inheritance, property assets and legal claims.
This was a hugely emotive cause; the very honour of Indian womanhood had been insulted. By engaging in these activities, women broke out of their traditional boundaries and challenged the images of the passive and docile Indian woman and other issues such as the onerous permit system and immigration laws, that is, prohibition of Indians' moving from province to province. It was not so long ago that Indians were not allowed to stay over in the Orange Free State. I remember Chief Justice Ismail Mohammed of the Constitutional Court was not allowed to sleep over while working on a judgement in Bloemfontein.
In the 1920s and 1930s Indian women confined their work to culture and charitable work, but by the beginning of the 1940s, confronted by changing social and economic conditions, Indian women became politically motivated. Both professional and working-class women began to take an active interest in politics. A comparative assessment by the government's Social and Economic Council revealed that 70,6% of Indians, 38,2% of coloureds, 24,8% of Africans and 5,2% of white families were living below the poverty line. That means that 70,6% of Indians as compared to 5,2% of white families lived below the poverty line.
A large number of working-class households were dependent on female breadwinners. During the war, the Communist Party of South Africa, CPSA, sought to mobilise women around food supplies. In 1946, 1 000 Indian demonstrators led by the CPSA engaged in protest marches against food controllers and black marketeers in Durban. Trade union activity also served as a polarising agent as Indian women, especially Hindu and Tamil women, were mainly employed in the clothing, textile and food industries. For example, Rahima Moosa and Fatima Seedat entered politics through their jobs with the food and canning industry. Dr Goonam and Ms H Naidoo, together with NIC members, mediated with management and contracted concessions for Indian workers.
The struggle in India resulted in the imprisonment of Kasturba Gandhi, Sarojini Naidu, Vijaya Lakshmi Pandit and Meera Ben. These women served as role models for activists such as Zainab Asvat, Dr Goonam, Zohra Bhyat, Manuben Sita, Mrs Amina Pahad, Mrs Zubeida Patel, Ms Badat, Mrs R Jinn, Mrs Chella Chetty, Mrs Pillay, Mrs Pather, Mrs Nair, and the list goes on.
The Passive Resistance Campaign 1946 to 1948 involved women from different socioeconomic, religious and linguistic groups. The women who assumed leadership roles in most instances were educated and wealthy, came from politically active families and were victims of racial and gender discrimination. They were in the main predominantly Gujarati-speaking Hindus and Muslims. In Natal, the majority of resisters were Tamil and Telugu-speaking Hindus, mainly descendents of indentured labourers.
Mrs Rathamoney Padayachee was elected the secretary for the 1946 Women's Action Committee Thank you. [Time expired.] [Applause.
Mr R B BHOOLA: Deputy Speaker, the celebration of 150 years of our history has for the first time highlighted for other communities the struggles, the sacrifices and the massacres of indentured labourers. We must not make the mistake of looking only at people after Mahatma Gandhi, because there were other great heroes and heroines of the struggle.
I would like South Africa to know that for 101 years in this country the policy of successive white governments was: "Coolies, go back to India!" In 1961 HF Verwoerd had the courage to stand up in Parliament and say that that policy had been abandoned and that the Indians were now part of the permanent population of South Africa.
One should look at the concerns of the minorities, the concerns of the Indian community. The manner in which policies are applied is hurting them, yet they are South Africans. What we undoubtedly require is Madiba's definition of blacks, meaning Africans, coloureds and Indians. The Indian community are hurt and they are wounded.
What we require is the assurance of the hon President of our country to the Indian community that we will be treated as equal citizens within the spirit of the Constitution, which grants every citizen equality. The time has now arrived for a drastic change in the policies relating to equality and affirmative action. They should be replaced by another formula where there can be the levelling of the playing fields. There is no sense in telling the Prime Minister of India that Indians have made enormous contributions to the country, and that we were doing well, when we are treated as second-class citizens. Stand up in this Chamber and put Dr Verwoerd to shame!
As we continue to commemorate this historic event, let us never forget the incredible contributions that the Indian indentured labourers made in every facet of life.
Happiness is when what you think, what you say, and what you do are in harmony.
The true strength of an Indian is not derived from his physical form, but from his inner spirit. Today let us all commit ourselves to delivering our people from the shackles of poverty, irrespective of race, colour and creed, and march forward with courage, conviction and determination. I thank you and also wish the Muslim community Eid Mubarak for tomorrow. [Applause.
The DEPUTY SPEAKER: I would like to say that we should notice that the hon Bhoola is the only hon member who is always on the dot. If he is given two minutes, it is going to be two minutes or less. Thank you, hon Bhoola. [Applause.
Mr K J DIKOBO: Madam Deputy Speaker, the history and record of the indentured labourers of Indian origin in South Africa are a classic example of how people can defy the odds and rise above their circumstances. Their story can only be compared to that of the Africans who were captured and transported across the Atlantic, and sold as slaves in the Americas.
The comparison is relevant because in our view the difference between indentured labour and slavery is insignificant. Of course, as we tell this story, we are saying very little about those who could have perished on the way, and we think there were many. Those who brought them to South Africa had possibly hoped that they would forever be drawers of water and hewers of wood.
Azapo says they defied the odds, because they have become part and parcel of South Africa. Many of them identified themselves with the oppressed during the struggle for liberation. They rejected the pseudo freedom of the tricameral system, and fought for true and genuine freedom. We thank God that despite the intentions of those who transported them across the seas, we now have successful business people, lawyers, doctors, teachers, sports persons, and so on.
We are paying tribute to them for the role that they have played in bringing about democracy in South Africa. If we had the time and space, we would mention some of them by name. I am paying tribute to one of my political mentors, the late Cde Strini Moodley. We are looking forward to a day when we will refer to these patriots just as South Africans, without any reference to where they came from, just as we do not refer to others as South Africans of German, Dutch, English or Italian descent. Thank you. [Applause.
The MINISTER OF COMMUNICATIONS: Thank you, Madam Deputy Speaker. Hon members, I think the debate today is indeed an historic moment for us. I listened carefully to the responses of the various political parties, and it is outstanding how all of us have come together with a common view in celebrating this historic moment of the 150th anniversary of the arrival of the Indian indentured labour in South Africa. I was struck by the absence of any attempt by the political parties to use this debate to score political points. They have rather paid tribute to the common recognition that all our people are giving to this historic event.
I must say that I was rather surprised that the hon Bhoola from the MF still tried to be a bit of a tiger by bringing in a little bit of politics, when he made comments about the feelings of the Indian people towards the policies of the ruling party, which I did not think was quite true.
The last speaker referred to Strini Moodley and I am reminded of what Strini experienced when he was sitting on the beach in Durban and dipping his feet into the sea, alongside his friend Steve Biko. A white constable came up to Strini and said, "Hey you, what do you think you are doing Don't you know this beach is reserved for whites" Strini looked at Steve Biko and then said, "Steve, tell him - he doesn't know." The policeman looked very puzzled and asked Steve what Strini was talking about. Steve said, "Well, don't you know that this is the Indian Ocean" [Laughter.?
Sumit Chakravartty, in a foreword to a book called Gandhiji's vision of a free South Africa - a collection of articles by Enuga Reddy - said that the establishment of a nonracial, democratic government in South Africa under the leadership of Nelson Mandela - the vision of Gandhi - in a spirit of reconciliation remained a binding source of strength and an inspiration to all South African people.
If we look into the future, is it not a heritage we have to leave to posterity, that all the different races commingle and produce a civilisation that perhaps the world has not yet seen?
In paying a special tribute to the historic contribution of Gandhi and his vision for the future of humanity, President Mandela said in September 1992 that Gandhi was a South African and his memory deserved to be cherished then and in post-apartheid South Africa. We must never lose sight of the fact that the Gandhian philosophy may be a key to human survival in the 21st century.
Connecting Gandhi's contribution to national developments in South Africa, Gandhi repeatedly emphasised until the end of his life that he was both an Indian and a South African. He did not consider himself as belonging to Indian South Africans alone, but to all South Africans. He asserted without any trace of ambiguity that the spirit of Gandhi lived not only in the hearts of Indians struggling against racism and for a nonviolent democratic society, but also in those of Nelson Mandela, Oliver Tambo, Archbishop Tutu, the Rev Beyers Naudé and indeed many others.
Indians of South Africa claim that they have given me to you. I accept that claim. It is perfectly true that whatever service I have been able to render to India, comes from South Africa.
Despite being born in India he, Gandhi, was certainly made in South Africa.
Another feature of the special significance of his influence was the friendship that emerged between Mahatma Gandhi and the Rev John Langalibalele Dube, who was to become the first President General of the ANC. Both men were involved in work for their communities; Gandhi founded the Natal Indian Congress and Rev Dube founded the Natal Native Congress, which was the precursor of the ANC.
Many historians have argued that this friendship and collaboration inspired the joint co-operation between Indians and Africans in the years of the freedom struggle that followed. History also gives credit to the outstanding contribution of Dr Yusuf Dadoo, who focused his attention on the building of an alliance of Indians and Africans as the basis for the widest unity of the people against racism. Dr Dadoo became an architect of the unity of all oppressed people in the struggle to end racist tyranny, so much so that the ANC honoured him in 1955 with the award of the decoration of Isitwalandwe/Seaparankoe.
In his recent state of the nation address, President Zuma stated that our country would mark the 150th anniversary of the arrival of Indians. He affirmed that the celebration provided an opportunity to recognise the important contribution of the Indian community in the fields of business, labour, science, sports, religion and culture, and the achievement and consolidation of our democracy.
From humble beginnings as cane cutters in the sugar cane fields in KwaZulu-Natal to a significant presence in virtually every economic facet of human lives, the Indian community have made an outstanding contribution to the evolution of our democratic society. Today, the sugar industry in South Africa ranks as one of the major manufacturers of sugar and sugar by-products.
Whilst South Africa can boast that it is perhaps with humility, people of Indian origin can also boast of the fact that their labour pioneered this industry. Today, as we celebrate, we also recognise the very perilous circumstances that these pioneers from India faced. So, when we look at the economy today and the sugar industry, viewed against the background of the conditions of work, one sometimes does get angry, but by celebrating their arrival we salute them for having made the contributions that they did even though they lived under circumstances which were like slavery.
One can also not discount the role played by indentured labourers of Indian origin in the transport sector in Natal. Their labour, together with British technology, successfully built the railway network that we have today inherited in our country.
It is in the coal mines and the sugar fields that the seed of modern day trade unionism was born in South Africa. Indian workers formed their own unions, mainly in the sugar industry, and by the 1930s gravitated towards the SA Communist Party. Nonracial industrial unions were formed in the late 1930s with largely Indian leadership. In some ways it is not without significance that Harry Naidoo, the trade unionist, was about the first trade unionist to unionise African workers in the sugar industry.
In 1952, when the Group Areas Act was passed, it was designed to break both the economic and social fabric of people of Indian origin. Notwithstanding all of this, among several activities, the Indian leadership became a central part of evolving the resistance movement in unity with African people and other democrats.
In 1955 the Indian leadership, together with the community, made their mark at Kliptown in their participation in the development of the Freedom Charter at the Congress of the People. Today their presence is evidenced in significant numbers in the professional and commercial stratums in society. They have had significant achievements in the medical, legal and education fields and the Public Service, and indeed in academia. The significance far outweighs their numbers in relation to the size of the population.
They built in the spirit of the pioneers, who built their own churches, schools, temples, mosques and churches, and in the spirit of sacrifice and service. They are also respected and admired for their exceptional entrepreneurial energy and enterprise, and for always being ready to take the gap first.
The history of South Africa's liberation struggle documents the outstanding contributions made by many Indian compatriots to the freedom struggle. Names such as Yusuf Dadoo, Monty Naicker, Dr Goonam, Ahmed Kathrada, George Sewpersadh, Billy Nair, MJ Naidoo and Mewa Ramgobin stand out. In the ANC, the SA Community Party and uMkhonto weSizwe names such as Mac Maharaj, Essop and Aziz Pahad, Laloo Chiba and Ebrahim Ebrahim stand out as legends for the contribution that they have made.
Today, as we mull over the struggles and tribulations of Indians in South Africa, the insights bring home the poignancy of their enslaved exile. Torn from their moorings, through sheer depth of hardship and diligence they put down new roots, turned barren land verdant and metamorphosed into loyal and abiding nationals of their country of adoption.
Indians growing up in Africa have had a rich and challenging life of immigration, indenture and struggle politics. I am a product of this heritage. My forefathers came from the South of India, having left behind a way of life, relations, culture, cuisine, music, language, religion and rich ethic tradition. When Indians left India's shores, mainly for economic reasons, either as indentured labourers or passenger traders, they brought along with them a fearless determination to succeed and take on the character of the country of their adoption while retaining their religious and cultural roots.
I am a living example of this testimony of a proud heritage that my forefathers built for me 150 years ago with their blood, their sweat and their tears. And out of their toil I emerged, having metamorphosed from various historical designations of coolie, ikula, iNdiya, Asiatic, Indian, charra to the pinnacle of my new identity as a fully-fledged South African. [Applause.
I am a unique creation, unlike my counterparts in the rest of Africa. I have a proud heritage of tilling the soil, picking up the garbage, planting the vegetables, sweeping the streets, selling fruit and vegetables in the marketplace, waiting at tables in hotels, working in the coal mines, selling newspapers and driving buses.
Though a victim of apartheid, I have a proud heritage of fighting for justice and being in the vanguard against oppressive regimes with the higher-order principle of nonviolence. Now, after four generations, I can proudly say: Mother Africa has defined me, embraced me and moulded me into this unique product aptly described as "conceived in India but made in South Africa". [Applause.
The annual recommendations of the Independent Commission for the Remuneration of Public Office Bearers in respect of the salaries, allowances and benefits of public office bearers for the fiscal year commencing 1 April 2010 were submitted to Parliament on 11 November 2010 in accordance with section 8(5) of the Independent Commission for the Remuneration of Public Office Bearers Act, 1997 (No 92 of 1997), along with recommendations on the pension and pension benefits of former President K P Motlanthe in terms of section 2(5)(a) of the Remuneration of Public Office Bearers Act, 1998 (No 20 of 1998).
At the request of the Minister of Police, in a letter dated 1 November 2010, the Independent Complaints Directorate Annual Report for 2009-10 [RP243-2010], tabled on 30 September 2010 (ATC, p 2900), is hereby replaced with a reprinted report [RP243-2010] submitted on 13 October 2010, along with Erratum submitted on 5 November 2010.
Referred to the Portfolio Committee on Police for consideration and report.
General Notice No 991 published in Government Gazette No 33660 dated 15 October 2010: Codes of Good Practice on Broad Based Black Economic Empowerment: Invitation to submit comments: Black Economic Empowerment Act , 2003 (Act No 53 of 2003).
Government Notice No R.924 published in Government Gazette No 33615 dated 15 October 2010: Regulations in terms of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
Government Notice No 898 published in Government Gazette No 33621 dated 11 October 2010: Determination of threshold in terms of the Consumer Protection Act, 2008 (Act No 68 of 2008).
General Notice No 917 published in Government Gazette No 33581 dated 23 September 2010: Notice to defer the general effective date in terms of the Consumer Protection Act, 2008 (Act No 68 of 2008).
General Notice No 827 published in Government Gazette No 33559 dated 16 September 2010: Amendment: For written comments in terms of the National Gambling Act, 2004 (Act No 7 of 2004).
General Notice No 799 published in Government Gazette No 33459 dated 18 August 2010: Notice in terms of section 23 of the Counterfeit Goods Act, 1997 (Act No 37 of 1997).
General Notice No 800 published in Government Gazette No 33459 dated 18 August 2010: Notice in terms of section 23 (1) and (2) of the Counterfeit Goods Act, 1997 (Act No 37 of 1997).
Report of the Public Service Commission (PSC) on the Key Drivers of Citizen Satisfaction with Public Service Delivery: Pilot Report 2009/2010 - April 2010 [RP 123-2010].
The Portfolio Committee on Home Affairs, having considered the subject of the South African Citizenship Amendment Bill [B 17B - 2010] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 3 November 2010, page 3662) referred to it, reports the Bill with amendments [B 17 C - 2010].
The Budgetary Review and Recommendation Report of the Portfolio Committee on Economic Development on the performance of the Economic Development Department for the 2009/10 financial year, dated 02 November 2010.
The Economic Development Department (EDD) was formally established on 7 July 2009, following the President of the Republic of South Africa's, Mr Jacob Zuma, announcement of a new structure for national government. The President stated on 10 May 2009 that "Cabine has been re-organised to achieve better alignment between the structure, our electoral mandate and the developmental challenges that need to receive immediate attention from government".
During the Presidency Vote on 24 June 2009, the President stated: "The Economic Development portfolio will have a strong domestic focus and will address, amongst others, matters of macro and micro-economic development planning." The new Department is, therefore, part of a new configuration of government that centres on the four inter-connected areas of policy-development, planning, effective implementation and continuous monitoring and evaluation.
The Department will be responsible to develop economic policy with a broad, cross-cutting focus so that macro and micro-economic policy reinforce each other and are both aligned to the electoral mandate. The Department will also be responsible for economic development planning and will work collegially with other departments to ensure coordination around a programme that places decent work at the centre of government's economic policies in order to secure better employment outcomes.
The Mandate of the Committee, including the Provision of Section 5 of the Money Bills Amendment Procedures and Related Matters Act, No.
According to Section 5 of the Money Bills Amendment Procedure and Related Matters Act, the National Assembly, through its committees, must annually assess the performance of each national department. Committees must submit an annual Budgetary Review and Recommendations Reports (BRRRs) for each national department that falls under its oversight responsibilities for tabling in the National Assembly.
These reports should be considered by the Committee on Appropriations when it is considering and reporting on the Medium Term Budget Policy Statement (MTBPS) to the House.
Annual Report briefings, in terms of Section 65 of the Public Finance Management Act, No.
First and Second Quarter Performance Report (2010/11) briefings by the EDD.
Following the pronouncement of responsibilities of the Economic Development Department by the President, the mandate of Economic Development includes economic policy development as well as economic planning functions.
The aim of the Economic Development Department is to promote economic development through participatory, coherent and coordinated economic policy and planning for the benefit of all South Africans.
contribute to efforts that ensure coherence between the economic policies and plans of the state and state entities on the one hand, and the government's political and economic objectives and mandate on the other; and promote government's ability to achieve its goals of advancing economic development with decent work opportunities.
Four critical programmes determine the work of the Department.
The purpose of this programme is to co-ordinate and renders an effective, efficient, strategic support and administrative service to the Minister, Deputy Minister, Director-General, the EDD and its agencies.
engage with civil society and manage their contributions to policies for economic development; and conduct economic policy research that informs the formulation of appropriate economic policies.
The purpose of this programme is to develop economic planning proposals for consideration by Cabinet and for submission to the National Planning Commission to be incorporated in the wider national plan.
contributing to the coordination and coherence between macro and micro economic policies.
contributing to the work of other departments that are participating in African and regional institutions, international economic agencies and multilateral institutions; and building economic opportunities including the job creation potential of green economic activities.
The purpose of this programme is to promote social dialogue in order to foster economic development.
develop the capacity of the social partners to engage in social dialogue, including at sectoral and workplace level; and enhance productivity, entrepreneurship and innovation.
Administration - The purpose of this programme is to co-ordinate and render an effective, efficient, strategic support and administrative service to the Minister, Deputy Minister, Director-General, the EDD and its agencies.
Economic Development: Planning and Coordination - The purpose of this programme is to develop economic planning proposals for consideration by Cabinet and for submission to the National Planning Commission to be incorporated in the wider national plan.
Economic Development and Dialogue - The purpose of this programme is to promote social dialogue in order to foster economic development.
As an entirely new department formed after the 2009 elections, there was no budget in place for EDD in May 2009 and the DTI established a division within their financial systems for EDD. This division within the DTI, was allocated a budget of R29 million for the remainder of the financial year and the DTI was reimbursed for the expenditure it has already incurred. It was agreed with National Treasury that the DTI Director-General be the Accounting Officer for these funds for the 2009/10 financial year. EDD's transactions are reflected in the DTI's Annual Financial Statements.
In addition to expenditure of R16.654 million incurred and paid for during the 2009/10 financial year, commitments were made for expenditure on capital assets amounting to R1.107 million. The total of expenditure and commitments for 2009/10 was R17.761 million or 61.24% of the adjusted budget allocation.
Commitments represent goods and services that have been ordered, but not delivered and paid for at the reporting date. This amount of R1.107 million was not recognised in the statement of financial position as a liability or as expenditure for 2009/10 because the annual financial statements are prepared on a cash basis of accounting, but are however included as part of the disclosure notes.
The Minister of Economic Development, Mr Ebrahim Patel, presented the Annual Report 2009/10 to the committee, which is the first Annual Report of the Department, since its establishment in May 2009. The Annual Report 2009/10 outlines the setting up of a new department of government, the work and activities it undertook between May 2009 and March 2010.
EDD was accounted for as a division within the Department of Trade & Industry (DTI), with an allocated budget of R29m.
The Annual Report 2009/10 included the following work and activities undertaken by the EDD from May 2009 to March 2010.
As it was a new Ministry, it was necessary for the Ministry to establish a basic infrastructure and staff support immediately after taking office. Accommodation was secured on the DTI Campus, Pretoria. A process of rapidly procuring furniture, telephones and office equipment was undertaken. Basic office supplies were also purchased for the new Ministry.
Office accommodation was also secured in the Parliamentary precinct at 120 Plein Street. The Ministry appointed an Establishment Manager for the remainder of the financial year.
Work on the Strategic Plan of the department started in June 2009. The final draft was completed in September 2009. The draft informed the organisational structure and the medium term expenditure framework (MTEF) budget of the Department. The Strategic Plan was tabled in Parliament on 03 March 2010 as required by Parliament in accordance with the Money Bills Amendment Procedure and Related Matters Act, 2009.
The Minister held consultations with colleagues regarding the agencies that should report to EDD in view of its mandate. It was subsequently agreed that six (6) agencies should be transferred from the DTI to the EDD: three regulatory bodies (The Competition Commission, the Competition Tribunal and the International Trade and Administration Commission (ITAC) and three development finance institutions (the Industrial Development Corporation (IDC), Khula Enterprise Finance Limited (Khula) and the South African Micro-finance Apex Fund (Samaf)).
On 10 December 2009, the Minister for Public Service and Administration determined, in terms of section 3(4) (b) of the Public Service Act, 1994, that the oversight functions relating to these entities be transferred from the DTI to EDD with effect from April 2010, subject to the transfer of the relevant legislation from the Minister of Trade & Industry to the Minister of Economic Development in terms of section 97 of the Constitution of the RSA, 1996.
Much of the EDD's work during the period under review was addressing South Africa's response to the global economic crisis. In July 2009, the Minister of Economic Development was requested to convene and chair the Leadership Team of business, labour, community and government representatives that was created in the Framework.
One of the instruments to deal with the challenges of the recession was the National Jobs Fund, which is utilized to finance a Training Layoff scheme to support companies experiencing weakening demand for their products, by providing an alternative to retrenchments. A sum of R2, 4b was drawn from the Unemployment Insurance Fund (UIF) and the National Skills Fund to pay allowances to workers on special training schemes. A further R500 million was committed by a consortium of SETAs to pay for the costs of funding the training offered under the scheme.
The second instrument was a Fund for companies in distress as result of the crisis. The money was made available through the Industrial Development Corporation.
The third instrument was a development bond placed by the IDC with the UIF, of R2b.
A range of measures to combat customs fraud were also introduced.
The Competition Commission launched investigations into collusive practices on food prices.
This Chapter set out seven workstreams, which included: The Leadership Team's work in response to the recession; Policy Platform of the global economic crisis; KwaZulu-Ntal Platform on Rural Development; Policy Platform on income inequality; Next Economy National Dialogue; Engagement in Nedlac and the Ministerial roundtable with the pharmaceutical industry.
EDD has coordinated government work on a new growth path. The following three workstreams sum up the work to date.
Research and policy work - Research towards the new growth path commenced in 2009. A framework for the growth path was developed, the approach was adopted of identifying key "job drivers" in the economy, i.e. sectors with a high employment potential. Research was undertaken in these areas and initial estimates on the numbers of jobs that could be realised were made. EDD consolidated this research into a draft Growth Path document.
Workshops and policy sessions - Following the broad conceptual work on the growth path, EDD hosted a number of Departmental workshops and consultations to draw in external expertise and tap into the work that has been done elsewhere. A workshop focusing on the exchange rate was held on 7 December, which identified a range of interventions used by governments across the world to address exchange-range competitiveness challenges. The EDD also conducted workshops with the IDC on the Growth Path, which identified areas of data and research, and considered the outcome of IDC work sources of new job growth.
Processes in the Economic Cluster and within government - the EDD worked closely with the Economic Cluster in developing key issues in the growth path.
Economic Development MinMEC - On 11 August 2009, the first Economic Development MinMEC was held with 6 provincial MECs and their Head of Departments. The MECs tabled their provincial priorities, challenges and opportunities. The meeting agreed to convene an economic development symposium.
The Economic Cluster Research Forum - EDD co-hosted a research forum on 30 September 2009 to encourage greater research cooperation amongst provincial and national economic development departments.
MinMEC Symposuim - A MinMEC economic development symposium was held over 16-17 November 2009 in Pretoria.
Presidency Budget Vote - the Minister participated in the Presidency Budget Vote debate on 24 June 2009 and spoke on international economic relations.
Global economic crisis - Due to the keen interest in the progress in responding to the international economic crisis, the Minister addressed the National Assembly on 20 August 2009.
Budget Vote No. 27 - Minister Patel made his first Budget Vote address to the National Assembly on 23 March 2010.
During the period under review, the Department's work on international matters largely focused on policy development, particularly on regional economic integration. In addition, bilateral meetings were held with Ministerial counterparts on bilateral visits to SA, ambassadors from a number of countries and representatives of international economic institutions and organizations. The Minister launched the Employment Creation Fund during the European Union/South African bilateral Summit.
Expenditure in the first six months of 2010/11 is R 171.003 million or 40.9% of the main appropriation of R 418 million for the year as a whole. Spending is marginally below the norm due to the high vacancy rate associated with the start up and initiation of operations in the new department.
Table 2 above indicates Programme 1 (Administration), from a budget of R 44,802 million, Year to Date (YTD) expenditure as at 30 September is at R 14.490 or 32.3% of the budget. The spending is below the 50% norm by 17.7% due to slow spending arising out of the current vacancy rate.
The expenditure of programme 2 (Economic Policy Development) (Table 3, above) amounts to R700 000 or 3.9% of the budget of R 18.150 million, which is much less than the main appropriation budget. Slow spending in this Programme is largely informed by the rate at which posts are filled because EDD is in its first year of operation.
The actual spending of programme 3 (Economic Planning and Coordination) (Table 4, above) indicates that from a budget of R 344.401 million, a year to date expenditure for programme 3 is R 155.813 million or 45.2% of the budget.
There is no spending to date for programme 4 (Economic Development and Dialogue) (Table 5) from a budget of R 11.243 million. The under spending here is also caused by reasons that officials in the Branch of Economic Development and Dialogue have been erroneously paid under Programme 1. This will be corrected by correcting Persal allocations and effecting journals.
The departmental revenue collection in the first six months of 2010/11 is R 67.659 million or 29% of the estimated revenue of R 230 million for the year as a whole. There is no comparison with mid-year revenue collections in 2009/10 since EDD is currently in its first financial year of operation as a budget vote. The main revenue generator for the department is fines from penalties from the Competition Commission.
EDD was accounted for as a division within the Department of Trade & Industry (DTI), with an allocated budget of R29m. The Auditor-General's Report, on these funds was thus included in the financial statements of the DTI.
The Department did not appear before the Committee on Public Accounts.
The committee interacted with the entities on their Annual Reports 2009/10.
The Competition Commission is a statutory body constituted in terms of the Competition Act, No 89 of 1998 by the Government of South Africa empowered to investigate, control and evaluate restrictive business practices, abuse of dominant positions and mergers in order to achieve equity and efficiency in the South African economy.
AG's Report - The Competition Commission received an unqualified Auditor-General's Report for the 5th consecutive year.
Investigating cases brought by the public - Members of the public may approach the Competition Commission if they suspect that there might be collusion in any sector, where the Commission will investigate and a decision have to be made whether to pursue with the case or not. The Commissioner can also initiate cases (pro-actively).
Processes of Appeal against the decision of the Tribunal - There are 3 processes of Appeal against the decision of the Tribunal: First the Tribunal Appeal Court, then the Supreme Court of Appeal and then the Constitutional Court.
Budgets of the Commission (2009 and 2010) - In 2009, the Commission received a government grant of R44m and in 2010, R80m.
Fines/penalties paid by companies - The fines/penalties which the companies pay are not reflected in the financial statements of the Commission. The fines/penalties go to the national fiscus.
Fee income amounts - Fee income amounted to R50m in 2009, and R30m in 2010.
Financial planning by the Commission: The Commission were initially ambitious in their planning, where more funding was requested from Treasury, but the result was that they received less than what they requested.
The Competition Tribunal has jurisdiction throughout South Africa and adjudicates competition matters in accordance with the Competition Act (Act 89 of 1998). It is subject to the Constitution and the law and acts independently.
grant an exemption from a relevant provision of the Act authorise a merger, with or without conditions, or prohibit a merger adjudicate in relation to any conduct prohibited in terms of the Act by determining whether prohibited conduct has occurred, and if so, impose a remedy provided for in the Act grant an order for costs.
Disabled employees: The Tribunal does not currently employ any person with disability.
Staff promotion - there have been instances where staff (especially Case Managers) was successful in applying for higher positions at for example the Competition Commission. Staff generally gain initial experience at the Tribunal and then they move on to more senior positions at the Commission.
Fruitless and wasteful expenditure of R3 368 - according to the Tribunal, the South African Revenue Service (SARS) indicated that the Tribunal owed them the amount for a PAYE shortfall in March 2007. According to the Tribunal they paid this amount in April 2007 and therefore disputed the liability. The Tribunal expects this liability to be reversed.
International Trade Administration Commission of South Africa (ITAC) was established through an Act of Parliament, the International Trade Administration Act 71 of 2002, which came into force on 1 June 2003.
The aim of ITAC, as stated in the Act, is to foster economic growth and development in order to raise incomes and promote investment and employment in South Africa and within the Common Customs Union Area by establishing an efficient and effective system for the administration of international trade subject to this Act and the Southern African Customs Union (SACU) Agreement. The core functions are: customs tariff investigations; trade remedies; and import and export control.
Aluminium investigations - It is a review of tariffs, which has arisen from IPAP 1, who identified intermediate inputs which included aluminium with regard to a review by ITAC, with a view of reducing the costs for downstream value added goods. A recommendation was made to the Minister and the duties were reduced. After this, producers came back to ITAC indicating that some of the raw materials had to be imported, which has then increased their input costs. The investigation had to be reviewed and ITAC is at an advance stage to make a recommendation to the Minister.
Import permit for vehicles - Import permits are for second hand vehicles and no permits is issued for new vehicles. Permits are also issued for vehicles which are utilized by people with disabilities.
Struggling Textile and Clothing industry - one of the problems is the under valuation of imported clothing and textiles, which erodes the tariff protection. Tariff protection for clothing has recently been increased from 40 - 45%, fabrics extended to 22%. There is a unit within SARS that deals with under-invoicing.
Replacement of the Textile and Clothing Incentive Development Plan (TCIDP) - the TCIDP has been replaced by the Production Incentive Scheme, which is part of the DTI strategy, which is in full implementation including skilling and upgrading.
Promotion of local goods produced - where there is domestic production, especially downstream there are tariffs. Domestic production is supported with tariffs.
Relationship with SARS - Once a recommendation is made by ITAC to the Minister of Trade and Industry, the Minister requests the Minister of Finance to implement. The implementation is performed by SARS. SARS and ITAC also work very closely on import and export permits.
Skills of employees - in order to perform the functions at ITAC you need to gain the necessary experience within ITAC itself, and the tertiary institutions will not be in a position to offer this.
Investigation on wheat and sugar - An investigation was performed which resulted in the protection of domestic producers, especially the farmers.
ITAC's link with IPAP II - IPAP II states that ITAC must continue to conduct applications for selective tariff increases or decreases. ITAC therefore takes a developmental approach to tariffs. Where the focus is on the outcomes e.g. domestic production, employment, international competitiveness etc.
Investigation on tyres from China - ITAC did undertake an investigation into the issue of tyres from China. No evidence was found of dumping and injury. ITAC was challenged by tyre manufacturers in the High Court, where the manufacturers were successful, but ITAC appealed which was granted.
Exceeding targets for export and import permits - the reason for exceeding the target is because it is based on historical data. ITAC under estimated, because there were more applications then expected.
Irregular expenditure - The irregular expenditure amount is R155 000 and the amount (loss to fraud) directly related to the official, is R12 000. The official was on suspension for 6 months while the investigation was conducted.
Surplus of R4.3m in 2008/9 - Interest received was initially budgeted conservatively, but R1.5m was received as interest and another big driver of this surplus was the fact that at the start of that financial year there was a staff compliment of 130 and at the end of the financial year 114.
The Industrial Development Corporation of South Africa Ltd (IDC) is a self-financing, national Development Finance Institution (DFI). It was established in 1940 to promote economic growth and industrial development in South Africa. The mandate of the IDC, includes the rest of the African continent and they are active throughout the entire region. They operate in a broad spectrum of industries and with their specialized knowledge and experience; they are able to offer valid and appropriate financial assistance to a wide variety of individuals and companies.
People's reluctance to invest - people are reluctant to invest in businesses during the recession. If the country wants to be competitive, it would need to invest on best practices and bet processes.
UIF Development Bond - The IDC borrows money from various sources of which the UIF is one and the rates that the IDC is paying in relation to these loans is lower than the markets.
Progress on the Joulle project - The Joulle project is still in its development phase, where the prototype has been produced. The IDC has however not taken a decision to invest on a commercial scale. The IDC is still in the process of assessing the risks and exploring the possibilities of partnerships. If the IDC finds that the project is not viable, that it would "walk away" from the project.
Investments in bio-fuel - The IDC's approach are one that underlines non-competitiveness with the food industry.
IDC's role in steel pricing - The IDC is a minority shareholder in ArcellorMittal, with the result that it has little influence as these decisions are taken by the majority shareholder.
Automotive components - last year the main focus on components was on survival. There are however signs that the in terms of motor assembly plants are moving in the direct direction, where there is an upswing and where the IDC is in the process of funding a number of local manufacturers.
Developments at Coega - Coega did not develop as expected. The IDC does not deal with industrial development zones (IDZs). One of the core projects of Coega was the Aluminium Smelter, but due to the electricity crisis the project had to be canned. The IDC is however looking at other investments in the region. Coega would need more critical mass in order to be successful as an IDZ.
Funding to companies in distress - The uptake of the funding is below the expectations of the IDC, with R1.4 billion approved of the R6.1 billion allocated for the period to March 2011. Twenty eight (28) companies in distress has been assisted by the IDC.
Advocacy campaign regarding funding to companies in distress - The IDC had several interviews in a variety of media; it also had a number of workshops, and 20 of these were held with the relevant sectors.
Investments in the rest of Africa - according to the IDC there is an increased demand and the target was exceeded due to the projects, which required large capital investments, for example the sugar plant in Tanzania.
IDC's percentage of the 500 000 jobs to be created - The IDC was responsible for 8% of the 500 000 jobs to be created. Within this number the IDC only focused on long term employment and not on short term employment.
Bonuses to staff - Bonus offered to staff costs in 2009/10 is much lower than what was expected and this affected the figures.
The committee noted that more time to scrutinize the Annual Report of the IDC should be made as there are still outstanding issues to be discussed with them. A follow-up meeting need to be scheduled with IDC.
Khula Enterprise Finance Ltd (Khula) is dedicated to the development and sustainability of small businesses in South Africa. A leader in its field, it has a proud history of more than 13 years' service of involvement in the rapidly growing and economically vital, small and medium enterprise (SME) sector.
The company is a wholesale finance institution which operates across the public and private sectors, through a network of channels to supply much-needed funding to small business. Khula's channels include South Africa's leading commercial banks, retail financial institutions, specialist funds and joint ventures. Its primary aim is to bridge the "funding gap" in the SME market not addressed by commercial financial institutions.
Khula's existence since being established - since Khula's inception it disbursed R2,5 billion. In 2002 the loan book was R34m and in 2010 it grew to R640m. Bad debt stood at R40% in 2002 and in 2002 it declined to 12%. The institution grew but maintained risk at an acceptable level.
Mentorship provided by Khula - Khula emphasised that the mentorship provided will be intensified, where mentorship will become critical with the loans provided. Khula has an agreement with Seda, with regard to pre-loans and once these loans are approved Khula will assist.
Footprint of Khula - A Memorandum of Understanding has been signed with Seda, since they have a bigger footprint than Khula. The Post Office is also a possible partner in order to extend Khula's footprint throughout the country.
Implementation of Khula Direct - The Business Plan for Khula Direct was approved in 2008 and in 2009, the modelling and design was developed as well as the implementation plan. It is envisaged that Khula Direct will be rolled-out at the beginning of next year.
Recovery of debts ('Bad debts") - According to Khula, "bad debts" is a market wide challenge, and the global economic crisis contributed to this and when making loans available, it is a systemic risk that Khula have to take.
Khula's relationship with Retail Financial Institutions (RFIs) - Khula acknowledged that the relationship with RFIs need to be reinforced. Khula have developed a booklet which have been distributed country wide, which informs members of the public on how to access funds for SMEs. Khula reiterated that it was established as a wholesale financier, which means it does not lend directly but where it lends money to intermediaries, who in turn lend money to businesses. It is exactly for this reason that the implementation of Khula Direct is fundamental, where they will have a greater impact on SME development in the country.
Meetings of the audit committee - the committee met four (4) times during the period under review (in accordance with the PFMA).
The South African Micro-finance Apex Fund (Samaf) is a wholesale fund that distributes its funds through Retail Financial Intermediaries (RFIs). The term "financial intermediary" refers to a wide range of Financial Institutions dedicated to the provision of small scale financial services to the Enterprising and working poor households. It includes Non Governmental Organizations (NGOs), Savings and Credit Cooperatives (SACCOs), Financial Services Co-operatives (FSCs), Co-operative Banks, private commercial banks, and non-bank financial institutions (MFIs).
Report of the Auditor-General - Samaf received a qualified report from the Auditor-General. The basis for the qualified report referred to: A number of journals were passed during the system implementation process; and. Management failed to provide sufficient and appropriate explanation to substantiate journals.
Credibility of the information provided - Samaf acknowledged that certain information needed a survey mechanism, which was lacking, and that certain information was not credible, but they noted that they are in the process of putting systems in place to rectify and address these issues.
Comments by the Auditor-General's report - On the Management letter, Samaf created a matrix where employees are responsible for their actions on a monthly basis. They expect improvements after this intervention and assured members that they will have an unqualified report.
Irregular expenditure by employee - the irregular expenditure occurred when an employee went outside of the tender processes to procure, but highlighted that the specific employee was unaware of the correct procedures to be followed.
Material impairments as a write-off - The material impairments were a provision and not a write-off.
Capacity building of institutions - Capacity building of institutions, by Samaf, will be fundamental in the sustainability and viability of these institutions.
Appointment of 14 interns - Samaf intends employing 14 interns who will assist with administration work.
Revised Human Resource structure proposed - Samaf have reviewed their current structure and new one has been developed which is awaiting approval and one of the reason for the reviewing of the structure is because provinces need additional staff.
Legal action against intermediaries to recover debt - Legal action has been taken by Samaf against intermediaries to recover debt owed to Samaf, but Samaf acknowledged that if they do go the legal route to recover money owed, that it will certainly be to the disadvantage of institutions, as this will lead to the closing down of some of them.
Information gathering from Financial Intermediaries (FIs) - Gathering the necessary information from FIs remains a challenge for Samaf.
Risk Management Audit - The Risk Management Audit function is management by an external service provider, whose services has been terminated and this function now resides in the office of the CEO.
Skills and competencies of the Samaf staff - the initial staffing of the agency was people who had good social skills but lacked the necessary financial and developmental skills. Samaf is in the process of implementing Project Bokomoto to improve the competencies of staff.
Lack of support to institutions in the poorer provinces - Some of the institutions might be in a particular province, they had distribution channels in the other provinces e.g. Marang, which is based in Gauteng is also present in 6 other provinces.
Committee's view on the presentation document - The committee felt that the report had to interpretable, supported by reliable evidence, that there should be no incongruent information, and that Samaf must go back and rework the document, where a follow-up meeting will be scheduled.
Public awareness of the mechanisms implemented, as agreed to in the "Framework agreement" remains a concern.
Many companies and businesses are unaware of the existence of the Training labour lay-off scheme and the funding to companies in distress provided for by the IDC.
While conducting its oversight visits the committee noted that there was little or no coordination between the funding to companies in distress (as provided by the IDC) and the labour lay-off scheme.
Members of the public (especially the poorer provinces) are unaware of the existence of Khula and Samaf as development finance institutions.
There is a lack of monitoring and evaluation by the IDC, Khula and Samaf to institutions/companies it provided funding to.
Capacity building initiatives by Samaf and Khula will be imperative for the sustainability and viability of SMMEs.
The Competition Commission still relies to heavily on applications received by the public and other stakeholders to investigate issues of possible collusion.
The Competition Commission lacks the necessary capacity to perform its mandate optimally.
Members of the public are unaware of the work and outcomes of cases by the Competition Commission.
Cooperation and coordination between the Competition Commission and the Competition Tribunal and other stakeholders will be critical if the Commission is to work efficiently.
The cumbersome process of applying for funding from the DFIs, remains an obstacle for funding to broader communities.
The public lacks the necessary information relating to the activities of the Competition Commission and the International Trade Administration Commission of SA (ITAC).
Tender-rigging remains a challenge.
There are signs that provinces are endeavouring to align their Provincial Growth and Development Strategies (PGDSs) with that of the national plans.
There is a lack of coordination and cooperation between the Provincial Department of Economic Development and municipalities on the development of the Provincial Growth and Development Strategies (PGDSs) and the Local Economic Development plans (LEDs), respectively.
The establishment and creation of viable cooperatives will be fundamental in eradicating poverty and creating jobs.
Khula's impact will be greater once Khula Direct is implemented.
The recapitalisation of Khula Direct will be critical.
Coordination and cooperation between the different DFIs is imperative for poverty alleviation.
The presence and existence of Khula and Samaf in the local areas is vital for economic development.
Khula Direct will be implemented initially as a pilot.
The EDD is experiencing challenges with regard to the roll-out of their official website.
It takes the EDD 3-4 months to fill a position. The committee is of the view that this period is too long.
The financial performance of the department (for the 1st and 2nd quarter) is a concern to the committee.
The Green Economy is a sector which will provide jobs to the poorest of the poor, e.g. waste recycling.
The EDD is working with the National Treasury on the revision of the Preferential Procurement Policy Framework Act.
EDD will underspend this financial year.
EDD will lead policy issues on e.g. the Green Economy and the Second Economy.
A media statement was made on Tuesday, 26 October 2010 on the Framework for the New Growth Path.
Information between the EDD and IDC are skewed. Members are concerned that there might be a communication gap between the two as information between them does not correlate.
Working relations with the MECs and Provincial Departments of Economic Development is unfolding very positively.
With regard to agricultural and rural development, the EDD is working closely with the Department of Rural Development, where many jobs to be created in this sector will be in the second economy, according to the EDD.
The committee commended the EDD for not utilizing consultants on a large scale.
The EDD has developed a dashboard of indicators for measuring the performance of entities.
Initial research was undertaken by the EDD on a Cooperatives strategy, where engagements were held with National Treasury and further consultations with the DTI and the International Labour Organisation (ILO).
A MOU was drafted with an academic institution to develop a policy and monitoring tool relating to the Cooperatives strategy.
The Committee is mindful that the department did not have Strategic Plan and Budget Vote for the period under review. The first Strategic Plan and Budget Vote of the newly established Department of Economic were tabled in Parliament during March 2010.
The Committee is however satisfied with the progress and development to date regarding the work and activities of the EDD during this period, taking into consideration the lack of human resources within the department. The committee is of the view that the staffing of the department must be priority area for the department.
The committee is concerned about underspending in the 1st and 2nd Quarterly Performance Reports, due to the non-filling of vacancies, which resulted in some of the programmes not spending at all.
The possible expansion of the Green Economy should not unnecessary impact negatively on jobs in the sectors of the economy that can be categorised as carbon intensive.
Focus should not only be on the impact by individuals and households, but on big industry that have a major impact on the carbon emissions.
A major focus of the Green Economy should be towards development and job creation whilst preserving the economy.
The role of Research and Development (R&D) should be to develop technology that will enable/gear towards accelerated economic growth, employment creation and development of our people especially the working class and the poor.
There is a necessity for the Economic Development Department (EDD) and the entities to ensure that information flows to the various levels of society and stakeholders.
The advocacy campaign of the IDC, relating to its funding to companies in distress should be strengthened and reinforced in all provinces.
There is a necessity for Khula and Samaf to be located in all areas, especially rural areas.
The Department and its entities should fill vacancies as a matter of urgency in order to fulfil their mandate as required.
The recruitment processes (3-4 months) of the department are too time consuming, and should be reduced to be able to meet indicative timeframes.
The department must ensure that coordination and cooperation among the three spheres of government to be prioritised relating to the alignment of the national plans with that of the Provincial Growth and Development Strategies (PGDSs) and the Local Economic Development plans (LEDs).
The department should ensure the integration of its programmes is prioritised.
Better coordination and cooperation must be fostered among all the entities of EDD.
The department should ensure that interdepartmental cooperation and coordination is addressed, as this will be critical relating to the achievement of the Competition Commission's mandate.
The department should ensure that the activities performed by the DFIs are duplicated, in other words activities must be streamlined on their specific areas of focus.
The department should ensure that appropriate measures are put in place to ensure that there is no underspending by the end of financial year 2010/11.
Development Finance Institutions should allocate more funds to focus on the establishment of cooperatives in the various provinces.
The department, in conjunction with the IDC should examine lowering the cost of funding, specifically the interest rates charged to companies.
The department should ensure that programmes, as set out in its Strategic Plan, be adequately funded.
The department should assist and guide Khula with regard to the recapitalisation of the Khula Direct model.
The department should ensure that transfers to entities are fully spent towards its allocated purpose.
Development Finance Institutions should ensure that the disbursement of funds is biased towards the poorer provinces in order to ensure equity in the distribution thereof (balance should be struck between the richer and poorer provinces).
Those companies funded should be monitored and assisted with mentoring and coaching programmes.
The dashboard of indicators developed by the EDD should be simplified.
DFIs should relax the bureaucratic processes associated with funding application criteria in order to enable broader access.
The EDD with the DTI, through the IDC, should address the high steel prices.
The EDD should assist in ensuring that the IDC remain within its primary mandate, i.e. industrial development with a major focus on rural and urban areas.
Geoscience Amendment Bill [B 12B - 2010] (National Assembly - sec 75).
Division of Revenue Amendment Bill [B 35 - 2010] (National Assembly - sec 76).
The Adjustments Appropriation Bill [B34-2010] is hereby referred to the Standing Committee on Appropriations in terms of section 12(19) of the Money Bills Amendment Procedure and Related Matters Act, 2009 (Act No 9 of 2009).
Draft notice and schedule determining the rate, with effect from 1 April 2010, at which salaries, allowances and benefits are payable to Constitutional Court Judges and Judges annually, for approval by Parliament in terms of section 2(4) of the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001).
Draft notice and schedule determining the rate, with effect from 1 April 2010, at which salaries, allowances and benefits are payable to magistrates annually, for approval by Parliament in terms of section 12(3) of the Magistrates Act, 1993 (Act No 90 of 1993).
Referred to the Portfolio Committee on Justice and Constitutional Development and the Select Committee on Security and Constitutional Development for consideration and report.
Report and Financial Statements of the Council for Debt Collectors for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Proclamation No R.54 published in Government Gazette No 33576 dated 17 September 2010: Commencement in terms of the Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009 (Act No 11 of 2009).
Proclamation No R.57 published in Government Gazette No 33605 dated 1 October 2010: Commencement in terms of the Criminal Procedure Amendment Act, 2008 (Act No 65 of 2008).
Government Notice No R.868 published in Government Gazette No 33605 dated 1 October 2010: Designation of correctional facilities in terms of the Criminal Procedure Act, 1977 (Act No 51of 1977).
General Notice No 800 published in Government Gazette No 33459 dated 18 August 2010: Notice in terms of section 23 (1) and (2) in terms of the Counterfeit Goods Act, 1997 (Act No 37 of 1997).
Proclamation No R.45 published in Government Gazette No 33550 dated 10 September 2010: Commencement of sections 10, 13, 14, 15 and 16 of the Act in terms of the Judicial Matters Amendment Act, 2008 (Act No 66 of 2008).
Report and Financial Statements of the Government Employees Pension Fund for 2009-2010, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-2010.
Public Protector Report No 22 of 2010-11 on an investigation into complaints relating to misconduct and maladministration in connection with the affairs of the Commission for Gender Equality.
Referred to the Ad Hoc Committee on the Commission for Gender Equality Forensic Investigation for consideration and report.
The Minister of Finance (the Minister) tabled the 2010 Medium Term Budget Policy Statement (MTBPS) before Parliament on 27 October 2010. In tabling the MTBPS, the Minister met his obligation under section 28 of the Public Finance Management Act 1 of 1999 (PFMA) that requires the Minister to table multi-year budget projections for revenue, expenditure and key macro-economic projections on an annual basis. In addition to that, the Minister also met his obligation under section 6(1) of the Money Bills Amendment Procedure and Related Matters Act 9 of 2009 (henceforth referred to as the Money Bills Act) that requires the Minister to submit to Parliament the MTBPS.
According to section 6(5) of the Money Bills Act, the Standing Committee on Finance and Select Committee on Finance (the Committees) must 30 days after the tabling of MTBPS report to the National Assembly (NA) and the National Council of Provinces (NCOP), respectively, on the proposed fiscal framework for the next three financial years. In line with section 6(2), the Committees report on a revised fiscal framework for the 2010/2011 financial year and the proposed fiscal framework for the following three years; and an explanation of the macro-economic and fiscal policy position, the macroeconomic projections and the assumptions underpinning the fiscal framework.
Following the tabling of the 2010 MTBPS and the engagement with the Minister, the Committees held hearings on 10 and 11 November 2010, receiving submissions from a panel of economists, organised labour and organised business. This report reflects the main themes emerging from the engagement with the Minister, economists, organised labour and organised business. This report includes two main sections, namely: Economic Outlook and Policy, and Fiscal Trends and Policy. The former section gives an overview of economic outlook and policy with specific reference to key macro-economic indicators within the context of the current global economic environment. The latter section provides details of fiscal policy over the Medium Term Expenditure Framework (MTEF) with specific reference to the fiscal stance adopted by government.
Basically, the 2010 MTBPS provides an account of current trends in the economy, the medium-term outlook, overview of macroeconomic and fiscal considerations, and a summary of government's spending plans for the period ahead. The MTBPS therefore sets out Government's spending plans for the next three fiscal years, based on certain macroeconomic assumptions. In doing so, there is usually a wide range of aspects to be taken into account. The 2010 MTBPS covered six broad themes, namely: economic assumptions, fiscal framework, spending priorities, division of revenue, changes to conditional grants and the mid-term report on spending.
In order to meet the developmental needs of South Africa a new economic growth path needs to be developed in consultation with all social partners across several frontiers; which includes education, skills development, national health insurance, land and agrarian reform, residential settlements and urban renewal, environment management, infrastructure investment and maintenance, enterprise development, and public sector service delivery. However, before the implementation, there will be a need for some ground work to be done in the public sector and private sector in terms of coordinating public policy and market regulations. The 2010 MTBPS indicated the need to raise the economy onto a more labour intensive method to create jobs across the board. The economic growth does not assist the economy when there are less job opportunities being created. This means that the policy debate goes beyond the macroeconomic and financial challenges to include the social component.
The 2010 MTBPS outlines the macroeconomic, fiscal and public expenditure dimensions of the proposed development path. It emphasised the need for the increase on infrastructure investment spending for faster growth and to reduce the budget deficit over the next period. The discipline in financial management in the public sector and improved education, health, and other infrastructure programmes is crucial.
Improved service delivery is of great importance and this can only be possible through good financial management, control systems, good governance, proper budgeting and well managed contractors to deliver the agreed output or targets.
Crucial issues to be addressed during this MTEF period include how to increase job-creating growth. Other issues are promoting appropriate budget balance and to deal with capital flows and the resultant appreciation of the rand.
The 2010 MTBPS re-affirms the important role of the private sector in growth and employment creation. While social grants provide an important safety net for about a quarter of the population, South Africa's long-term prosperity depends on more people being drawn into work. The private sector accounts for 75 per cent of all economic activity and a slightly higher share of employment, and will remain the primary driver for job creation. The public sector plays a complementary role in this process. Alongside a range of initiatives to increase training and skills development, specific government interventions to raise employment include an expanded public works program and a youth job imitative.
National Treasury reports that gross domestic product (GDP) growth is expected to moderate in the second half of the 2010/11 financial year. The 2010 MTBPS indicates that, although the economy has gained strength since the budget was tabled at the beginning of the 2010/11 financial year, the growth outlook has so far improved. This is evident from the new projected economic growth, which is expected to be between 3 to 3.5 per cent in the 2011 calendar year. The recovery in revenue and moderate growth in public spending is expected to decrease the fiscal deficit. For example, the estimated deficit of 5.3 per cent of GDP projected for the 2010/11 financial year is projected to decline to 3 per cent in the 2013/14 financial year. The 2010 MTBPS also projects that government debt will stabilise to 40 per cent of GDP by the 2015 calendar year. It was also noted that expenditure has increased by R67 billion relative to the baseline over the Medium Term Expenditure Framework (MTEF). This increase in expenditure has been informed by the 12 outcome policy priorities which include education, health, infrastructure, and job creation.
Inflation is expected to remain below 6 per cent over the Medium Term Expenditure Framework (MTEF) while private investment and employment recover gradually. Business Unity South Africa (BUSA) agrees that inflation forecasts with headline Consumer Price Index (CPI) inflation is expected to remain below 6 per cent over the next three years are realistic, but indicated that it remains essential to successfully anchor inflationary expectations. According to BUSA, lower inflation presents an opportunity for the use of monetary policy to further support economic activity. According to BUSA, growth prospects are expected to be driven by household consumption and gross fixed capital formation and will undoubtedly be assisted by lower inflation.
The 2010 MTBPS indicates that sustained exchange rate appreciation will lead to unbalanced growth, widening the current account deficit and increasing the economy's vulnerability to shocks. Table 1 (below) summarises the key macroeconomic projections inclusive of 2007 and 2013 calendar years.
South Africa experienced a decline in gross domestic product of 1.8 per cent in 2009, and a loss of employment estimated close to a million jobs. This was a severe deterioration, despite a continued expansion in government infrastructure spending and the countercyclical monetary and fiscal policy response.
Higher commodity prices have contributed to a somewhat more buoyant recovery in the 2010 calendar year than was anticipated at the beginning of the 2010 calendar year during the National Budget in February 2010. Households have started to spend again as interest rates declined together with lower inflation.
According to the Federation of Trade Unions of South Africa (FEDUSA), the 2010 MTBPS had to address a wide range of factors, ranging from the need to re-balance the economy after the deep recession, global developments and the need to make some inroads to mass unemployment and poverty. FEDUSA points out that, to this list, the urgent need to improve service delivery and to eradicate corruption and fraud must be added.
Tourism and selected services sectors.
The Minister of Finance highlighted that the new growth path provides the basis for coordinated policies and programmes across the state, and reinvigorated dialogue and cooperation among social partners.
According to the Minister of Finance, South Africa needs to promote more rapid job creation through a broad range of policy initiatives to achieve the country's developmental aims.
The underlying all of the above, improvements in public service delivery will depend on better financial management, good governance and disciplined pursuit of agreed service delivery outputs and targets.
BUSA believes that the 2010 MTBPS provided important guidance on macroeconomic policy direction. BUSA welcomes the signals that the new growth path will be aligned to the existing framework and vice versa. Furthermore, BUSA believes that greater attention must be given to address underlying competitiveness issues and that reducing the cost of doing business is supportive of the new growth path, which is probably the least expensive approach to unlocking South Africa's long term growth potential.
The Chief Economist at the Efficient Financial Holdings, Mr Dawie Roodt, points out that despite a rather healthy fiscal stance, significant changes in certain variables can be expected over the next few years. The new growth path will require huge amounts of money and, although the fiscal deficit is likely to remain within acceptable levels, huge expenditure requirements by the parastatals will add significantly to the state debt burden. Expenditure by parastatals is under the line, items which are not included in the deficit, but which are included in state debt. The 2010 MTBPS expects state debt relative to GDP to top 40 per cent by 2014, significantly higher than now but a lot lower than that of many other economies.
FEDUSA indicates that South Africa's present economic growth trajectory cannot meet the country's employment needs. Faster growth is required over an extended period of time to significantly increase labour absorption, reduce high unemployment and achieve a more equitable distribution of income. FEDUSA welcomes the attention given to the serious socio-economic problem of unemployment through the proposed new growth path. According to FEDUSA, previous programs such as the Reconstruction and Development Programme (RDP), Growth Employment and Redistribution (GEAR) and Accelerated and Shared Growth Initiative of South Africa (ASGISA) had this as their primary goal. The current strategies and programs contained in the budget already contain elements of the proposed new growth path.
The National Union of Mineworkers of South Africa (NUMSA) supports the call for a new growth path that will place employment at the centre of government's economic policy. The People's Budget Coalition (PBC) points out that the new growth path must be supported by policies that create and retain decent work, together with the eradication of poverty and inequality.
The Institute for Democracy in South Africa (IDASA) is of the view that the 2010 MTBPS does not contain much more detail on the so-called new growth path intended to create five million jobs over the next ten years, thus reducing the unemployment rate from approximately 25 per cent to approximately 15 per cent by 2014.
Fiscal policy guides government's decisions about revenue, spending and borrowing. South Africa's fiscal policy enables government to deliver on its developmental mandate by providing resources in a manner that is sustainable and that reinforces the stability of the economy.
National Treasury reported that the consolidated government deficit is projected to recover from 6.3 per cent of GDP in the 2010/11 financial year to 3.2 per cent by the 2013/14 financial year. The recovery will be driven by the strong uptake in revenue and the stabilisation in non-interest spending. Growth in expenditure will need to moderate as debt service costs increase over the MTEF. The counter-cyclical fiscal policy will aim to grow revenues while gradually reducing non-interest stimulus spending. It is important to keep the fiscal trajectory on a sustainable path while meeting growth expectations.
Table 2 (below) summarises the consolidated government fiscal framework inclusive of 2007/08- 2013/14 financial years.
The Minister of Finance indicates that, as the world economy recovers from the global crisis, there is considerable debate about how quickly governments should be closing their budget deficits. It is argued that the recovery will be held back if governments cut expenditure too quickly, while others point to the potentially devastating effects of fiscal default.
FEDUSA commends government on its fiscal stance during and after the recession. South Africa's counter-cyclical policy is designed to steady the economy and to protect core social and economic programs from undue volatility. Before the recession, government saved revenue and had a small balance surplus. During the recession, government ran a deficit so to maintain its spending. In this way, government moderated the impact of the business cycle and raised long-term growth.
FEDUSA further points out that as the economy's growth rate increases, the rate of growth in government spending will have to be reduced. While the higher fiscal deficit was the appropriate counter-cyclical response during the downturn, government will have to reduce the level of borrowing in the years ahead. As the economy recovers, government will tighten its stance to avoid pushing up interest rates and crowding out private-sector investment. It also follows that during the 2010 MTBPS period, monetary policy will bear the brunt in efforts to maintain inflation within the target range of 3 to 6 per cent.
BUSA welcomes the announcement that the budget deficit is expected to be narrowed to approximately 3 per cent of GDP by the 2013/14 financial year, and stabilisation of government debt at about 40 per cent of GDP in the 2015/16 financial year. BUSA believes that the 2010 MTBPS has broadly struck the right balance between fiscal consolidation and being growth-friendly.
IDASA is of the view that the 2010 MTBPS as presented is fairly conservative and that the South African budget policy in response to the recession consists broadly of maintaining pre-recession public expenditure commitments in the face of likely declining tax revenue. According to IDASA, it is necessary that the budget deficit and consequent borrowing requirements are permitted to increase. In other words, budget policy is becoming fairly counter-cyclical through the use of automatic stabiliser of tax revenue fluctuation.
The PBC indicates that the budget deficit is projected to narrow, as National Treasury moderates government spending in order to stabilize public debt at approximately 40 per cent by the 2015/16 financial year. This will not assist in speeding the recovery and stemming the tide of job losses. The budget deficit is projected to be 3.2 per cent by the 2013/14 financial year. The structural budget deficit, which takes out cyclical effects, is projected to be 3 per cent.
The 2010 MTBPS indicates that the net capital inflows to South Africa have risen strongly over the last two years, reaching 5.5 per cent of GDP in the first half of 2010 compared with 4.7 per cent in 2009 as a whole.
As contained in the 2010 MTBPS, the rand has appreciated by 7.5 per cent against the United States (US) dollar since December 2009, and by 6.1 per cent against a trade-weighted basket of currencies. Because South Africa has higher inflation than its major trading partners, the real effective rand exchange rate, which reflects losses or gains in competitiveness, is now approximately 12 per cent above its average level for the past decade.
National Treasury reported that due to international factors, capital flows were driven to emerging markets causing the rand to strengthen. The real exchange rate is 12 per cent above its 10 year average. Chile has a similar degree of overvaluation, but Brazil on the other hand is much more stretched.
National Treasury and the South African Reserve Bank (SARB) will continue to purchase foreign exchange reserves. SARB will sterilise inflows associated with foreign direct investment inflows using foreign exchange swaps.
Prudential framework for foreign investment by private and public pension funds, including the Government Employees Pension Fund (GEPF).
BUSA reported that they support the commitment to a flexible exchange rate management regime and believes that 'leaning against the wind' is the least costly option in dealing with the volatility of the rand. This approach, combined with reserve accumulation and exchange control reform can further alleviate the pressures on the rand.
According to the Chief Economist at the Industrial Development Corporation, Mr Lumkile Mondi, potential favourables to exchange rate management includes the increase in price competitiveness of exports, at least temporarily (bearing in mind the progressive erosion of such competitiveness depending on inflationary impact). This could lead to increased export market penetration, assuming there is appropriate demand. If price competitiveness and stability are sustained, it could lead to progressive recapturing of foreign markets and securing new external customer bases.
Local market could be regained if price competitiveness and stability is sustained. Exchange rate management could provide positive implications for the bottom line of commodity exporters whose external sales are denominated in foreign currencies, while operational costs are rand-based. Foreign tourism earnings could be increased as a weaker rand raises South Africa's attractiveness. Mr Lumkile Mondi pointed out that these factors could increase local production, employment gains, higher investment propensity and job gains.
Mr Lumkile Mondi further indicates that exchange rate management could contribute to higher dividend receipts (in rand terms) from South African investments abroad and potentially enhances the wealth effect for South African holders of offshore assets. Positive fiscal implications include potentially higher tax revenues due to increased economic activity, improved corporate returns and higher household incomes through employment gains. Implications of the Balance of Payments may be positive if export demand recovers substantially and significant import substitution is realised.
As indicated by Mr Lumkile Mondi, exchange rate management creates uncertainty over potential impact of intervention in terms of desired outcomes and their sustainability. The cost of interventions is dependent on the choice of instruments, while an abrupt unwinding of substantial speculative positions could have a destabilising effect, at least in the short-term, but effects could be long-lasting if investors' perceptions are unfavourable.
Considering South Africa's low savings propensity and its dependency on foreign capital inflows to finance its current account deficit and funding requirements, negative perceptions may have serious adverse repercussions. The timing of interventions is critical in order to minimise unintended consequences, for example, a negative impact on the cost of investment-related imports, while exports may not recover sufficiently due to weak global demand.
Exchange rate management could lead to a potential higher inflation environment (via imported inflation, especially input costs such as fuel and food items), with negative implications for interest rates, investment activity, employment, general cost of living and domestic consumption demand. FEDUSA asserts that the increased capital inflows and resultant appreciation of the rand is partly a result of a positive interest rate differential, but also a result of South Africa's relatively favourable fiscal position.
Although Government has opted for an exchange control relief as the main focus area, FEDUSA is of the opinion that this leaves the option open for tax measures. In normal times, a tax on capital flows may lead to less capital flows to South Africa. FEDUSA is therefore of the opinion that the exchange control relief is the right option under the current circumstances. The PBC indicates that as emerging market exchange rates appreciate, they suck in imports from advanced economies and struggle to expand their export markets. The massive trade deficits that exchange rate appreciation will generate for countries in the South Africa will constitute the basis for advanced economies to exit of the crisis. The PBC is also of the view that financing long-term investment, using short-term capital inflows, will create a massive imbalance in the national balance sheet, thus maturity mismatches will result, and high interest rates will be required to keep these mismatches away from binding.
While BUSA supports the view that international cooperation is needed to achieve a more stable international financial environment, the PBC argues that short-term capital inflows must be taxed because they place the level of the exchange rate in a manner that is inconsistent with the requirements of industrial development.
Mr Lumkile Mondi advised Government not to interfere with the prevailing exchange rate management policy as the cost of the intervention could be high and the desired outcomes of a proposed intervention may not materialise as observed in Brazil and other emerging economies. Mr Mondi suggested that the Government's long-term strategy should be to develop the infrastructure of the entire Southern African region, both to improve access to regional resources and to develop a local market to pick up slack left by the lack of growth in the US and Europe. Mr Mondi further cautioned that instead of fighting the Rand's relative strength, South Africa should use the opportunity to import the capital components necessary to underpin growth in the region, such as railway engines and infrastructure components.
Budget revenue is the amount of revenue available to the fiscus to finance expenditure after taking into account tax revenue, other revenue and transfers to other members of the Southern African Customs Union (SACU). Tax revenue is the largest contributor to budget revenue. Tax revenue is highly cyclical because taxes are levied on economic activity. This means that, if the economy is performing well, more tax revenue will be collected and vice versa.
South Africa's spending programmes have to be paid for. It is therefore reassuring to be able to note that the improved economic performance has contributed to a projected increase of R31 billion in tax revenue for the 2010/11 financial year, by comparison with an estimate during the 2010 National Budget in February 2010.
Total tax revenue is expected to amount to R679 billion in the 2010/11 financial year (25.3 per cent of GDP). A strong increase in value added tax (VAT) proceeds has been recorded, partly attributed to increased consumer demand, but also because of lower capital investment and the associated reduction in VAT refunds. Customs duty collections have improved, mainly as a result of higher vehicle and component imports. For the period ahead, tax revenue is expected to average about 26 per cent of GDP that is still somewhat below the levels recorded before the recession.
IDASA indicated that, although tax revenue performed slightly better in the 2010/11 financial year than anticipated and is set to continue doing so over the medium-term, the actual recovery of tax revenue levels to pre-recession levels will take considerable time. The overruns of this fiscal year largely reflect a highly cautious 2010 Budget, which did not make the mistake of assuming things would turn out much better than they did.
According to the 2010 MTBPS, the fiscal stance targets a combination of revenue and expenditure that will enable government to pay for existing programmes while reinforcing the sustainability of the public finances over the following three years.
BUSA welcomes the announcement that the budget deficit is expected to be narrowed to approximately 3 per cent of GDP by the 2013/14 financial year, and stabilisation of Government debt at approximately 40 per cent of GDP in the 2015/16 financial year. BUSA believes that the 2010 MTBPS has broadly struck the right balance between fiscal consolidation and being growth-friendly. However, the overall public-sector borrowing requirement needs to be managed carefully and that huge borrowing programmes by both Eskom and Transnet do not jeopardise long term borrowing costs for the country.
It is noted in the 2010 MTBPS that real non-interest government expenditure per person has doubled over the past eight years, which was made possible by buoyant growth and revenue, and the declining share of debt service costs in GDP. Government spending on infrastructure and social assistance continued to expand strongly during the economic downturn in 2008 and 2009 calendar years. Expenditure growth will be slower over the period ahead, averaging real growth of approximately 3 per cent per year.
A recovery in tax revenue from 24.4 per cent of GDP in the 2009/10 financial year to 26.
A rise in government debt-service costs from 7.5 per cent of expenditure in the 2010/11 financial year to 9.6 per cent by the 2013/14 financial year.
Table 3 (below) provides a summary of total government debt inclusive of 2007/08 and 2013/14 financial years.
Until recently, the constitutionally-required legislation setting out the procedure for Parliament to amend the budget has been enacted as the Money Bills Amendment procedure and Related Matters Act, 2009.
Most commentators welcomed the emphasis in both the unveiling of the new growth path and the 2010 MTBPS on the importance of partnerships. However, some indicated that the 2010 MTBPS did not contain much more detail on the new growth path which is intended to create five million jobs over the next ten years, thus reducing the unemployment rate from approximately 25 per cent to approximately 15 per cent by the 2014 calendar year. This is not surprising, given that the detail still needs to be worked out and other stakeholders be consulted.
Fiscal and monetary measures are being taken in response to the present strength of the Rand. However, some commentators cautioned Government not to interfere with the prevailing exchange rate management policy as the cost of the intervention could be high and the desired outcomes of a proposed intervention may not materialise.
In the context of the current economic and social challenges and that of a small open economy integrated to the global marketplace, a commitment to a prudent macroeconomic framework is crucial. Prudent fiscal management over years assisted South Africa to ride the tide of the deep recession. It helped the country to continue with its expenditure plans and, in the process, to act in a counter-cyclical way. However, fiscal policy alone cannot be expected to successfully address South Africa's challenges. Whilst macroeconomic policy can go a long way in creating a favourable macro-economic environment, it is important that successful implementation of the micro-level programmes and projects generate tangible outcomes.
The clarification of Government's stance on certain key macroeconomic issues provides a degree of certainty and predictability, and will further support both consumer and business confidence. The details of the new growth path were not included in this year's MTBPS, although many of the proposed aspects are already part and parcel of the MTEF. The debates and consultations which will generate greater detail on a new growth path will be an important opportunity to consider alternatives and to secure broad ownership of a truly developmental framework.
The Committees and most commentators commended the Minister of Finance on a balanced approach that was followed in the 2010 MTBPS.
11.1 The Minister of Finance should provide details on how National Treasury will supplement the proposed New Growth Path to Parliament. These details to form part of the 2011 National Budget in February 2011.
11.2 The Minister of Finance considers providing details on how the State plans to design and fund the much-needed universal health care system. This information may be included in the 2011 National Budget in February 2011.
11.3 The Minister of Finance provides more and updated details on how South Africa is dealing with an appreciating Rand. This information to be included in the 2011 National Budget in February 2011.
11.4 The Minister of Finance should provide the Committee with details on proposals to address corruption in the public financial system.
11.5 The Minister of Finance should provide the Committee with a progress report on the proposed wage subsidy as promised in March 2010.
11.6 The Minister of Finance should provide the Committee with further details on promoting small businesses.
Table 4 (below) contains a list of people who made oral and/or written submissions before the Committees, some in their personal capacity.
Mr. Pravin J. Gordhan
Mr. Nhlanhla Nene
Mr. Lesetja. Kganyago
Mr. Kenneth Brown
Mr. Andrew Donaldson
Mr. Dawie Roodt
Prof.
Ms.
Mr. Coenraad Bezuidenhout
Mr. Sidney Kgara
Mr. Woody Aroun
Mr. Dennis George
Mr. Len Verwey
The written submissions by the above-mentioned organisations are available on request from the Committee Secretariat.
BUSA, (2010), Medium Term Budget Policy Statement: Presentation to the portfolio Committee on Finance, Cape Town, 10 November 2010.
COSATU, (2010), COSATU Expectations on the Medium Term Budget policy Statement, Cape Town, dated 10 November, 2010.
George, D. (2010), Powerpoint presentation on FEDUSA 2010 Medium Term Budget Policy Statement Comments. The Joint Portfolio Committee on Finance, dated 11 November 2010.
George, D. (2010), FEDUSA Submission on the 2010 Medium Term Budget Policy Statement, Cape Town, 11 November 2010.
Gordhan, P. (2010), Medium Term Budget Policy Statement 2010's Speech, Parliament of RSA, Cape Town, 27 October 2010.
IDASA, (2010), Perspectives on the 2010 MTBPS. A Presentation to the Finance Committees, Cape Town, 11 November 2010.
Mondi, L. (2010), Impact of reforming exchange rate system on economic policy & broader policies: Some thoughts. A presentation to the Standing Committee on Finance and Select Committee on Finance, dated 10 November 2010.
National Treasury, (2010) Medium Term Budget Policy Statement, Pretoria: Government Printers.
National Treasury, (2010), Medium Term Budget Policy Statement: Presentation to Parliament, Cape Town, 28 October 2010.
NUMSA, (2010), Submission to the Joint Meeting of the Standing Committee on Finance & Select Committee on Finance, (National Assembly and National Council of Provinces): The Treasury and SARB are failing to manage our economy to promote growth and development- we need much lower interest rates and tighter exchange controls!
PBC, (2010), Submission of the Peoples Budget Coalition to the Standing Committee on Finance and Select Committee on Finance on the Medium Term Budget Policy Statement, dated 10 November 2010.
Roodt, D. (2010), The new Keynesian world and the MTBPS. A Presentation to the Standing Committee on Finance and Select Committee on Finance, dated 10 November 2010.
Verwey, L.; T. Dlamini, S. Durham, J Sylvester, and M. Zamisa, (2010), The 2010 Medium-Term Budget Policy Statement: Determining the limits of the possible: A closer look at the 2010 MTBPS. PIMS Budget paper 8, Idasa.
0n 8 February 2010, the Regional Court President of the Limpopo Province informed the Commission that Mr Rambau, a regional magistrate at Polokwane, had been arrested for corruption on 5 February 2010. Mr Rambau was arrested together with the prosecutor and an attorney. It is alleged that Mr Rambau, the prosecutor and the attorney arranged the outcome of a trial by pre-determining the sentence for financial reward.
Mr Rambau and his co-accused appeared in the Musina District Court on 8 February 2010 on charges of corruption. The matter was set down for 11 to 13 October 2010.
On 8 February 2010, the Ethics Division of the Magistrates Commission informed Mr Rambau in writing that the Commission was contemplating recommending that he be provisionally suspended from office, pending the outcome of an investigation into his fitness to hold office. He was requested to show cause, in writing, why such a decision should not be taken.
At its meeting held on 26 August 2010, the Commission, having considered Mr Rambau's response, resolved to advise the Minster to provisionally suspend Mr Rambau from office in terms of section 13(3)(a) of the Act. The Commission is of the view that that the charges against Mr Rambau are of such a serious nature as to make it inappropriate for him to continue to perform the functions of a Magistrate while the allegations are being investigated. The Commission is of the view that the alleged conduct by MR Rambau s of such a serious nature that it would justify his removal from office if he were found guilty of the misconduct charges preferred against him.
In light of the above, the Minster decided to provisionally suspend Mr Rambau from office pending the outcome of an investigation into his fitness to hold office of a Magistrate.
Having considered the report on the provisional suspension of Magistrate FR Rambau, the Committee recommends that the National Assembly confirms the provisional suspension.
Mr Skrenya is a Magistrate and Judicial Head at Cala. On 5 August 2009 the Director of Public Prosecutions: Transkei directed that Mr Skrenya be prosecuted on a charge of fraud.
On 18 September 2009, Mr Skrenya appeared in the Cala District Court. The criminal case was postponed on various occasions and was remanded to 21 and 22 September 2010 for trial. The criminal charge flow from misrepresentations that Mr Skrenya made to his sub-cluster head, Mr Mthimkulu: On 24 April, Mr Skrenya claimed he used his private vehicle on an official trip from Cala to Dordrecht and submitted a claim for a transport allowance but, in fact, he used a government vehicle. He was, therefore, not entitled to submit any claim for travelling allowance.
A preliminary investigation conducted into other complaints filed against Mr Skrenya found prima facie evidence that, on 12 May 2009, he irregularly refused to adhere to a request by the Prosecutor to withdraw a criminal charge against an accused before a plea was tendered, meru moto postponed the case to 30 June 2009 and ordered that the accused be kept in custody. This decision was later set aside by the High Court on special review. His conduct resulted in the Minster of Justice and Constitutional Development being sued for damages. It is further alleged that Mr Skrenya held a criminal court which was not properly constituted and the he postponed various criminal cases in chambers in the absence of the prosecutor.
On 26 October 2009, the Commission informed Mr Skrenya that it was contemplating recommending that he be provisionally suspended from office pending the outcome of an investigation into his fitness to hold office. He was requested to show cause why the decision should not be taken. In his response, he indicated that there was no need to provisionally suspend him as there was no possibility of him interfering with the criminal and misconduct investigations. He further indicated that he never at any stage had the intention to defraud the State of any money. He was of the view that the complaints were levelled against him because his sub-cluster head "is pregnant with hatred towards him".
On 26 August 2010, the Commission, having considered Mr Skrenya's response, resolved to advise the Minister to provisionally suspend him from office in terms of section 13(3)(a) of the Act.
The Commission is of the view that the alleged misconduct against Mr Skrenya is of such a serious nature as to make it inappropriate for him to perform the functions of a magistrate while the allegations are being investigated. It would be inappropriate for a judicial officer, appearing as an accused before a court of law on a charge of fraud to still sit on the Bench.
The Committee expressed its dissatisfaction at the amount of time taken by the Commission to finalise the matter.
Having considered the Report on the provisional suspension of Magistrate L Skrenya, the Committee recommends that the National Assembly confirm the provisional suspension.
Mr Morake is a Magistrate and Judicial Head at Lichtenburg. Several complaints were lodged with the Magistrates Commission against Mr Morake.
Attorneys Ranamane Phungo Inc alleged that Mr Morake had personally called their client into his office and instructed her to vacate the property she was occupying. This instruction was given to her although there was no eviction application before the court; no eviction order had been made by the court; nor had she consented to vacate the property.
The Provincial Head of the South African Police Detective Service, North West, requested that the Commission investigate a complaint made by one of its members against Mr Morake. The member was the Investigating Officer (IO) in a stock theft matter and had arrested a suspect in the case in Lichtenburg. The suspect was charged, appeared before the Lichtenburg Magistrate's Court and the matter was remanded. The IO alleges that a week prior to the remand date he was contacted by Mr Morake and ordered to appear before him at his office. Mr Morake threatened to issue a warrant for his arrest if he failed to do so. The IO complied with the instruction and attended the meeting. The accused was also present at the meeting. Mr Morake asked the IO if he would assist the accused. The IO refused. He later stated that he found the conduct of Mr Morake unusual and threatening.
A complaint was received from Legal and Tax Services (Pty) Ltd (a legal expense insurance company) through the Chief Magistrate of the North West Administrative Region. It is alleged that Legal and Tax Services had paid Mr Morake R950 to assist their client to secure a loan. Mr Morake failed to secure the loan. They requested that the payment be refunded.
In another incident, it was alleged that Mr Morake contacted a businessman, Mr Shohag and ordered him to see Mr Morake at his office. Mr Shohag was threatened with arrest if he failed to attend the meeting. Mr Shohag initially ignored the instruction but was later visited by three police officers who informed him that his employee had a problem with him and he had to go and see Mr Morake about this issue. Subsequently Mr Shohag and his two partners went to see Mr Morake at his office as instructed. Mr Shohag's employee was also present. Mr Morake forced Mr Shohag to sign an agreement that he (Mr Shohag) would conduct business with his employee. Mr Morake threatened Mr Shohag with deportation back to Bangladesh if he failed to follow the instructions. Mr Shohag later obtained an interdict against Mr Morake and reported the incident to the SAPS Organised Crime Unit.
On 13 July 2007, Mr Morake appeared in the Lichtenburg District Court on three charges of theft. The matter was postponed to 18 October 2010 for judgment.
Mr Morake became involved in a dispute involving the payment of arrears in respect of electricity in the amount of R 1 173. He order a woman involved in the matter to come to his office with her husband. The other party was also present during the meeting. Mr Morake insisted that the woman pay the outstanding amount to him personally rather than to the municipality. He threatened to lock her in jail if she did not comply with his instructions. A few days later she paid him the money on the understanding that he would pay the money to the other party in the dispute. Weeks later she was summoned to the Small Claims Court for payment of the amount of R1 173. The other party had not received the money. When she followed up with Mr Morake he made various excuses and finally stated that somebody had taken the money from his office.
On 10 February 2010, the Magistrates Commission informed Mr Morake in writing that the Commission was contemplating recommending that he be provisionally suspended from office pending the outcome of an investigation into his fitness to hold office. He was requested to show why the decision should not be taken.
On 26 August 2010, the Commission, having considered Mr Morake's response received on 25 February 2010, resolved to advise the Minster to again provisionally suspend Mr Morake from office in terms of section 13(3)(a) of the Act. The Commission is of the view that the existing evidence against Mr Morake is of such a serious nature as to make it inappropriate for him to perform the functions of a magistrate while the allegations are being investigated. It would be inappropriate for a judicial officer, appearing as an accused before a court of law in charges of theft, emanating from complaints within the district he is serving, to sit on the Bench.
The Commission holds the view that the existing evidence against Mr Morake is of such a serious nature that it would justify his removal from office should he be found guilty of the misconduct charges preferred against him.
Having considered the Report on the provisional suspension of Magistrate IWOM Morake, the Committee recommends that the National Assembly confirm the provisional suspension.
Mr Chauke appeared before the Specialised Commercial Crime Court on a charge of theft of a number of containers from Vitamine Laboratories on 18 September 2004.
On 8 November 2007, Mr Chauke, his wife and son were convicted of contravening section 37 of the General Laws Amendment Act 62 of 1955. They were all sentenced to 12 months imprisonment, suspended for a period of 5 years on condition that they are not again convicted of contravening section 37 of the Act during the period of suspension.
The Minister, on the advice of the Magistrates Commission, provisionally suspended Mr Chauke from office with effect from 5 February 2010. The suspension was recommended based on three charges of misconduct namely, the criminal conviction above; contravening the Regulations for Judicial Officers in the Lower Courts, 1994; and contravening the Code of Conduct for Magistrates. The suspension was confirmed by both Houses of Parliament on 1 and 4 June 2010, respectively.
On 20 November 2007, Mr Chauke's attorneys advised the Commission that they were instructed to appeal against his criminal conviction. The appeal was heard on 15 June 2010. Mr Chauke's conviction and sentence were set aside. The Commission, after studying the judgement, decided not to proceed with the misconduct charge based on the criminal charge.
The Commission proceeded with a misconduct inquiry in respect of the remaining two charges of misconduct. It was alleged that during the period October 2002 to July 2004, during and after official office hours, Mr Chauke retained and forwarded e-mails to other persons containing explicit pornographic material on and from a computer supplied to him by the Department of Justice and Constitutional Development for the exclusive use in the execution of his official duties as a magistrate. It was also alleged that he used the computer to access internet sites containing explicit pornographic or obscene material.
After considering the evidence placed before him at the inquiry, the Presiding Officer found Mr Chauke guilty in respect of failing to act at all times in a manner which upholds and promotes the good name, dignity and esteem of the office of a magistrate and the administration of justice. He was acquitted on the other count in that it was duplication. The Presiding Officer postponed the imposition of a sanction for a period of 12 months on certain conditions in terms of regulation 26(17)(a) of the Regulations for Judicial Officers in the Lower Courts, 1994.
Since the criminal conviction of theft, which formed the basis of Mr Chauke's provisional suspension, has been set aside by the High Court, Mr Chauke's further provisional suspension is not justified. The nature and seriousness of the charge of misconduct on which he was found guilty does not warrant his provisional suspension either, and the sentence imposed does not impact on his fitness to hold office.
As the basis for Mr Chauke's provisional suspension fell away, there is no reason to uphold his provisional suspension.
Having considered the report on the lifting of the provisional suspension of Magistrate MK Chauke, the Committee recommends that the National Assembly confirms the lifting of the provisional suspension.
On 9 October 2006, 28 August 2007 and again 23 November 2009, Mr Jassiem wrote to the Magistrates Commission for approval to run his practice as an attorney while permanently appointed as a Magistrate.
At its meetings held on 23 August 2007, the Commission resolved not to approve Mr Jassiem's request to be allowed to practise as an attorney. The Judicial Head of the Administrative Region was informed of the Commission's resolution on 12 September 2007 and was asked to inform Mr Jassiem accordingly.
It appears that Mr Jassiem was duly notified of the Commission's resolution. The Commission has, however, noted with concern that Mr Jassiem is apparently still practising as an attorney and that he is therefore deliberately in defiance of a decision by the Commission that he not allowed to practise as an attorney while holding the office of Magistrate.
Mr Jassiem ceased practising as an attorney on 9 October 2000 but recommenced to practise for own account as MN Jassiem and Associates from 1 November 2006.
He is the sole partner in the firm.
There are no other practitioners at the firm and that he personally applied for a Fidelity Fund Certificate for 2007, 2008, 2009 and 2010.
He is in possession of a 2010 Fidelity Fund Certificate and that he submitted an unqualified trust account audit for the period ending 28 February 2009 for MN Jassiem and Associates.
After considering the contents of the affidavit and further correspondence received from the Cape Law Society, the Chairperson of the Commission directed the Secretariat to request Mr Jassiem to give reasons why he should not be charged with misconduct for deliberately defying a decision taken by the Commission on 23 August 2007. The Commission wrote to Mr Jassiem on 12 November 2009.
Mr Jassiem was charged with misconduct on 11 December 2009. The misconduct inquiry commenced on 26 April 2010. He elected to conduct his own defence.
Although Mr Jassiem initially pleaded guilty to the main charge, his plea was altered to one of not guilty as he indicated that he never ran any practice as an attorney but was doing conveyancing and estate administration.
In his judgment, the Presiding Officer found Mr Jassiem dishonest: He had misled the Cape Law Society indicating in writing on 8 October 2006 that he had the Commission's permission to practise as an attorney. He had also misled his Judicial Head of Office and his conduct showed lack of integrity as an officer of the court.
After considering all the evidence presented before him, the Presiding Officer found Mr Jassiem guilty of misconduct on the main count and recommended that he be removed from office in terms of regulation of 26(17)(b) of the Regulations for Judicial Officers in the Lower Courts, 1994. The findings show Mr Jassiem's lack of integrity and honesty and that he is, therefore, unsuited to hold the office of a Magistrate. Mr Jassiem was given an opportunity to furnish the Commission with written representations in respect of the sanction recommended by the Presiding Officer.
At its meeting held on 26 August 2010, the Commission, having considered relevant documents as required in terms of regulation 26(22) read with regulation 26(19) of the Regulations for Judicial Officers in Lower Courts, 1994, the Commission resolved to accept the findings of the Presiding Officer and to recommend to the Minister of Justice and Constitutional Development to remove Mr Jassiem from office on the grounds of misconduct in terms of section 13(4)(a)(i) of the Magistrates Act, 1993.
Having considered the report on the suspension of Magistrate MN Jassiem, the Committee recommends that the National Assembly confirms the suspension.
The Minister, on the advice of the Magistrates Commission, provisionally suspended Mr Prinsloo from office with effect from 3 February 2010. The provisional suspension was confirmed by both Houses of Parliament on 1 and 4 June 2010, respectively.
The Commission's investigation confirmed that Ms S C van Wyk,, a female clerk employed at the Ermelo Magistrate's Office, had filed ten complaints against Mr Prinsloo. It was alleged that Mr Prinsloo, during the period 18 April 2008 to 5 May 2008, had on ten different occasions conducted himself in an unbecoming and embarrassing manner towards Ms van Wyk.
The misconduct inquiry against Mr Prinsloo commenced on 29 April 2010 and was finally concluded on 26 July 2010. Mr Prinsloo admitted to guilt on 10 charges of misconduct against him. The Presiding Officer found Mr Prinsloo guilty of misconduct as charged.
Afte considering all the evidence placed before him in mitigation, the Presiding Officer found that Mr Prinsloo's misconduct, although very serious, did not justify a sanction of removal from office. The Presiding Officer ordered that Mr Prinsloo be cautioned and reprimanded by the Chairperson of the Magistrates Commission and the Cluster Head within a month from the imposition of sanction. Mr Prinsloo was further ordered to tender a written apology to the complainant within seven days of the reprimand.. On 12 August 2010, Mr Prinsloo appeared before the Chairperson and the Cluster Head and was formally cautioned and reprimanded. Subsequently, he also tendered a written apology to the complainant.
As the Presiding Officer did not recommend that Mr Prinsloo be removed from office, as contemplated in section 13 of the Magistrates Act, No. 90 of 1993, his provisional suspension from office is no longer justified and there is no basis to uphold his provisional suspension.
Having considered the report on the lifting of the provisional suspension of Magistrate Prinsloo, the Committee recommends that the National Assembly confirms the lifting of the provisional suspension.
The Portfolio Committee on Home Affairs, having considered the subject of the Births and Deaths Registration Amendment Bill [B 18 B - 2010] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces(Announcements, Tablings and Committee Reports, 3 November 2010, page 3662) referred to it, reports the Bill with amendments [B 18 C - 2010].
The Minister of Finance tabled the Medium Term Budget Policy Statement (MTBPS) on 27 October 2010, outlining the budget priorities of government for the medium term estimates. The MTBPS was tabled together with the Adjustments Appropriation Bill [B34 - 2010] and the Division of Revenue Amendment Bill [B35 - 2010] in Parliament. The Adjustments Appropriation Bill [B34 - 2010] was referred to the Standing Committee on Appropriations and the Standing Committee on Finance to consider and report, in accordance with their respective mandates as outlined in the Money Bills Amendment Procedure and Related Matters Act 9 of 2009.
Department of Communications.
According to National Treasury the spending for the first six months this year has increased by R26.4 billion when compared to previous year's expenditure in the same period. The adjusted amount of R6.2 billion was for salaries and housing allowances. An amount of R2.33 billion was adjusted for national government while R3.81 billion was adjusted for provincial government. Even though the 2010/11 national expenditure has improved for the first six months when compared to the 2009/10 financial year in the same period, some departments have spent less than 50 per cent of their budgets for the first six months and have submitted requests for their budgets to be adjusted due to unforeseeable and unavoidable expenditures and roll-overs. Although the Committee supports these adjustments it has noted that most of the unavoidable and unforeseeable expenditure was mainly due to the salary adjustments and housing allowances instead of policy priorities both at the national and provincial government spheres. Affected departments in this regard include Health (48.9 per cent), Water Affairs (37.7 per cent), Statistics South Africa (30.4 per cent), Trade and Industry (36.8 per cent), Rural Development (38.0 per cent), Home Affairs (35.4 per cent), Public Works (37.7 per cent), Communication (26.2 per cent) and Art and culture (44.3 per cent). The Committee is concerned about this state of affairs which is an indication of poor planning. Some of these Departments are the key pillars of the Medium Term Strategic Framework of government Priorities.
The Medium Term Budget Policy Statement indicated that the revised baseline allocations have been prepared taking into account the carry through costs of the 2010 salary improvements, higher costs of municipal rates and service charges, identified savings and reprioritisation proposals. In the 2010/11 financial year the overall increase amounts to R7.3 billion while a R67 billion increase can be seen over the Medium Term Expenditure Framework. The table below shows that an amount of R22.1 billion has been set aside for policy priorities over the MTEF period, proposed wage bill of R26.3 billion as well as adjustment to baseline of R40.8 billion. The Committee supports the adjustment allocations, however it has noted that the proposed wage bill over the MTEF is much higher than the amount allocated for policy reserves due to the inflationary wage settlement. This is a cause for concern. The Committee has noted that some of the departments have not yet filled their vacant positions, but have instead shifted the funds that were budgeted for vacant posts to other programmes. The proposed wage bill seems to be escalating when compared to the allocation for policy priorities. This means that fewer funds are being allocated for development and implementation of programmes, and will thus have a negative impact on the quality and completion of capital projects.
driving a more comprehensive rural development strategy; and intensifying the fight against crime and corruption.
These priorities are supported by a government strategy which includes the shifting of resources to labour intensive sectors of the economy. Furthermore, government will strive to improve State performance with specific regard to the delivery of services to the poor. In light of the current budget pressures, the Committee is of the view that limited resources should be utilised to produce maximum output, without compromising the quality of services.
The Medium Term Budget Policy Statement for 2010 has outlined the macroeconomic assumptions, fiscal and public expenditure dimensions of proposed development path. It emphasised the need for the increased infrastructure investment spending to faster growth and to reduce budget deficit over the next period. The estimated reduction of 4.1 per cent of the budget deficit for the 2010/11 which is projected to improve to 3 per cent of the GDP by 2013/14 financial year is noted. The government's outcome approach which provides framework for enhanced monitoring of service delivery including guidelines for results driven performance that forms part of the basis of ministerial performance agreements as well as related service delivery agreements is a step in the right direction. It was noted that the expenditure has increased by R67 billion relative to baseline over the Medium Term Expenditure Framework which is informed by the 12 outcome policy priorities which include education, health, infrastructure, and job creation.
The Committee believes that capital projects are the backbones of job creation which is part of policy priorities. However, the Committee remains concerned that the unspent funds amounted to R12.4 billion which was budgeted for capital projects in 2009/10 financial year. The Committee has noted, nonetheless, the new approach adopted by government which seeks to address weaknesses in budgeting and planning in such projects. The Committee identified a number of weaknesses and challenges in the area of procurement and supply chain management, and has since made recommendations in regards to this. Therefore, the interdepartmental team and proposed scrutiny of non governmental agencies and other accounts which is informed by these findings is one step in the right direction. In support of the job creation process, the Committee believes that such areas in government need to be monitored and evaluated since these are the key drivers of the capital projects procurement. The delays and termination of tenders due to irregularities is completely unacceptable as it hampers the levels of job creation and service delivery.
The Department of Water Affairs reported that to date it has created about 26 331 job opportunities through the Working for Water Programme. While the Departmental budget has been adjusted from R7.9 billion to R8.2 billion the Department has only spent 37. 7 per cent in the first six months, part of the adjustment was R35.6 million received from other adjustments. The Committee was concerned about the level of virements and shiftings of 36.7 per cent which exceeded the 8 per cent permitted by the Public Finance Management Act. As provided for in the PFMA, virements exceeding this threshold have to be approved by Parliament. Failure to attain Parliamentary approval will lead to the Auditor General reporting this as an unauthorised expenditure. The Department has reported an under expenditure in the first six months of 37.7 per cent. The Department of Water Affairs indicated that the under expenditure was due to the late submission of invoices by the Department of Public Works (DPW), unspent funds of Change Journey and Master Systems Plan (MSP), unspent funds allocated to replace Masibambane, regional bulk infrastructure: legal issues around Nandoni Dam project, delay in signing of Memorandum of Agreement by Municipalities, delay in submission of invoices by service providers.
The budget of the Department of Arts and Culture has been slightly adjusted from R2.40 billion to R2.44 billion. The Department has only spent 44.3 per cent in the first six months of 2010/11. Part of the adjustment was a R12 million roll over for 2010 FIFA World Cup and R18.6 million for Investing in Culture projects. The Department indicated that some 2010 World Cup projects were not finalised in March 2010 due to the fact that the event was in June 2010. Therefore the Department had to utilise its 2010/11 budget to finance these projects. The R12 million roll over will be utilised to supplement the budget for operational costs, legal fees, machinery rental, audit fees and SITA account which has been inadequately funded. An amount of R3.9 million was added for higher personnel remuneration increase which includes housing allowances.
The Committee was concerned about the lack of spending in the Investor to Culture project hence it is the view of the Committee that such projects are instrumental in the creation of jobs and poverty alleviation. The Department also indicated that an amount of R18.6 million could not be spent due to the investigation that was still being conducted in the Investor to Culture project which was aimed at verifying the legitimacy of various projects. The Committee needed more clarity on the R100 million expenditure which was used to maintain playhouses. The Department reported that it is responsible for all the playhouses which are located in various provinces. The Committee acknowledged the progress made thus far and also indicated that programmes such as EPWP, Working for Water, Working for Energy incentives need to be well supported and ensure that all provinces are spending their allocations according to planned targets in order to expand the levels of job creation.
The expenditure of the Department of Trade and Industry at end September was 36.8 of the adjustment appropriation of R6.2 million for the year as a whole. In comparison to the mid-year expenditure in 2009/10, the expenditure in the first six months of 2010/11 decreased by 25.2 percent. The Department of Trade and Industry also reported on a number of enterprise investment project that were supposed to create jobs such as the East London industrial development zone which created higher than the estimate for the year. Due to the economic crisis some projects slowed down in this regard than estimated such as the Richards Bay industrial development zone. Creation of decent employment through inclusive economic growth was better than anticipated 230 projects where implemented, compared to the projected 275 for the year. The total value of investment and export credits programme has already reached its target to create 19 000 jobs for the year.
The Department of Communication was also invited to be part of the MTBPS process due to its under expenditure of 26 per cent in the first six months of the 2010/11 financial year. The Committee was concerned at the lack of cooperation and unprofessionalism showed by the Department upon being invited to appear before it. This was seen as a clear indication that the Department undermines Parliament and its processes. The Committee invited the Department to a public hearing on the Adjustments Appropriation Bill but the Department could not honour the invitation. When the Acting Chief Financial Officer (CFO) appeared before the Committee, the Committee expressed it's displeasure at the appearance of the CFO instead of the Acting Directors General as the Accounting Officer of the Department. The Committee indicated that this would limit its engagement in seeking clarity on crucial issues which the Acting CFO might not be able to account on as he is not the Accounting Officer. No letter of apology was received from the Acting DG for not being able to attend the hearing.
The expenditure of the Department as at end September was at a concerning figure of 26 per cent In comparison with the mid-year expenditure in 2009/10, the Department had spent 31 per cent which was also an under expenditure. In the current financial year this became even worse since it has decreased by 5 percent when compared to the previous financial year. According to the department the reasons that led to under spending were mainly due to capacity constraints, delays in the implementation of certain projects, reshuffling and backlogs in the Department. However, the Department is convinced that with the reconstitution of the Department and the appointment of the Acting General-Director things are going to improve.
During its oversight the Committee discovered that more jobs can be created in the EPWP, through innovativeness and making sure that labour intensive programme is a condition of the contract between the Department in question and the contractor. The Committee also welcomes a new economic growth path which is aimed to create job opportunities particularly for young people. The Committee welcomes the proposed assessment for youth employment projects and incentive scheme which will be operating through tax system which aims to encourage the employment of youth in businesses as well as in the non governmental sectors. The MTBPS outlined the allocation of R1 billion for 2011/12 and R2 billion for 2012/13 and R3 billion for 2013/14 which is aimed at supporting projects that demonstrate a potential of cost effective job creation over the MTEF.
Despite the number of jobs that have been created in various areas, the Committee remains concern about the level of virements and shifting of funds which could have contributed towards creating more job opportunities.
The Health Sector Delivery Agreement aims to reduce infant and maternal mortality rate, reduce child mortality to 30-40 per 1000 births over the medium term and also make further progress in preventing and controlling HIV/AIDS. However, the mid term report of the Department of Health indicated that severe staff shortages in forensic chemistry laboratories have led to backlogs and targets not being met in this regard. Furthermore the Department acknowledged that the delays in the filling of vacant posts in the National Department of Health have lowered the accreditation process, though the audits tools have been completed and piloted. However the Department must have a programme in place to respond to this challenge as well as to meet the targets and Millennium Development Goals by 2014.
While the Millennium Development Goal (MDG) 5 reported that there has been an improvement in the antenatal care coverage and usage of modern contraceptive method maternal mortality is still amongst the challenges. The MDG6 reported that HIV prevalence has been stable and there seems to be a decline between the ages of 15- 24 years old from 10 to 8.5 per cent in 2008. Millennium Development Goals 4 acknowledges the fact that the infant and child mortality rate is unacceptably high in South Africa compared to international levels. The committee supports the interventions such as immunisations, prevention from mother to child HIV infection which has been undertaken by the Department of Health. This will assist to reduce child mortality, enhance nutrition and primary health care. The Committee supports the proposed spending which will focus on improving the monitoring of women and infants after child birth, upgrading support and training paediatric and maternal workers in district hospitals.
However, when the Committee raised concerns about the increase in the impact of HIV on infant and child mortality. The Department indicated that there has been a high level of inaccurate reporting on such matters done by different organisations which brings a lot of confusion in the society. Furthermore, the Department indicated that the infant and child mortality cannot be treated in the isolation of morbidity. While the Committee was concerned about this level of inconsistency and inaccurate information, it advised the Department to bring all of these organisations under one roof to come up with the most relevant and accurate statistics. The Committee supports the initiative taken by provincial health departments to remedy and improve their financial management. The Committee welcomes the agreement on the Occupation Specific Dispensation (OSD) reached between the Department and 40 health therapeutic groups to retain most critical and skilled health staff and the prioritisation of filling important vacant posts.
It is noted that though the department has under-spent in the first six months, the budget of the department has been adjusted from R21.4 billion to R21.6 billion an amount of R146 million was adjusted to its budget which includes R49.6 million from roll-overs and R105 million from unforeseeable and unavoidable expenditure. This also includes an amount of R9.7 million which was adjusted for increased remuneration on personnel and housing subsidies for certain programmes. The Department made virements and shifting of R6.1 million or 1.4 per cent, this movement of funds was mainly done in order to strengthen service delivery on programmes 1 and 3. The Department and treasury indicated that most of the shifting and virements were done from the savings made due to the reduction on consultants and special services in the 2010 FIFA World Cup expenditure. While the Committee has noted the movement of funds and under spending of the department in the first six months, during its oversight the Committee identified a number of challenges this include the non availability of mobile or immobile clinics in some areas, usage of mud structures as clinics, prepaid electricity and solar panels of which some of these require maintenance and repairs yet it was not clear whose responsibility it is to maintain this facility.
The Committee welcomes the additional amount of R1.5 billion to Comprehensive HIV and Aids programme as well as R7.3 billion which was added to the provincial equitable share to address the priority issues in 2010/11. The Committee supports the introduction of Health National Insurance Scheme (NHI) which is going to be phased in by 2012/13 financial year. This programmes aims to improve and bring about the universal access to health facilities for all South Africa whether reach or poor. While the Committee appreciates the progress that have been made with regards to the Hospital Revitalisation programme but it was concern about the slow pace and under performance of this programme in other provinces.
Most of the challenges facing the education system include substantial backlogs in buildings and facilities, insufficient number of qualified teachers, poor school management and high absenteeism among students. The funding of R40 billion to provinces in the baseline to eradicate unsafe school buildings is welcomed and the committee will monitor the performance of such allocations. During its oversight visit undertaken in August 2010, the Committee found that, some provinces were under spending on certain conditional grants particularly those that are earmarked for school infrastructure. The under-spending persisted despite the high level of inappropriate structures including mud schools.
The Committee's concern is that this culture compromises the dignity and safety of the learners and hampers the delivery of basic services such as water and electricity. The proposed national assessment in literacy and numeracy for all grade 3 and 6 learners which will be conducted as part of the long term exercise to benchmark and raise educational level is a step in the right direction. While the learner work books and teacher lesson plans for literacy and numeracy for grade R to grade 6 will be provided in the beginning of 2011, the Committee is still concerned whether or not appropriate measures have been taken by the Department of Basic Education to avoid delays in the distribution of workbooks which occurred in the current financial year resulting in the cancellation of the tender.
The proposed partnership between the Department of Basic Education and the Development Bank of Southern Africa to support educational infrastructure is welcomed. The Committee has noted the proposal to increase the number of fully qualified teachers which will be supported through the Funza Lusaka Bursary Programme. The Committee supports the additional R5.4 billion which is aimed at the implementation of the Occupation Specific Dispensation (OSD) for the next three years. Although the Committee supports this allocation for the baseline, it remains concerned about the under expenditure by the Department of Basic Education during the first six months of the 2010/11 financial year.
The Committee noted that the Department has received a R1 million roll over and an adjustment amount of R4.7 million which was divided almost to all programmes. An additional R6.9 million was for the higher personnel remuneration and housing subsidy allowance and an amount of R1.9 million was transferred for the function shifted to the Department of Higher Education and Training for an annual contribution to the Common Wealth of Learning. The Department has spent 45.9 per cent in the first six months of 2010/11 financial year.
The mid-year performance report of the Department of Basic Education indicated that the Department has exceeded its target of new 6000 learners enrolled for Kha Ri Gude mass literacy campaign in the first six months. The Kha Ri Gude campaign aims to improve the basic literacy and numeracy levels of adults. The Department managed to achieve 2000 more new learners; this was due to savings made in the production of learner and educator support materials and the costs of stationery which allowed more learners to be accommodated in the programme. The report also indicated that the number of learners had exceeded the yearly estimate which ranged between 480 000 and 486 000 as a results of more learners being enrolled.
The proposed improvement and expansion of University and Further Education and Training enrolment is a step in the right direction. This will assist in addressing the misalignment between the needs of the labour market and the education provided by institutions. Even though the Department has spent 72.3 per cent in the first six months, the Committee noted that the majority of this expenditure went to the transfer budget which was earmarked for NSFAS, Further Education and Training (FET) colleges and funds for the establishment of the new Department. The Committee's view is that there is need to ensure that the FET colleges are properly utilised and enjoy the same kind of prominence as universities do.
Land Reform and Agricultural Development have a considerable potential to contribute to rural development, job creation, poverty alleviation, food production and redressing the past dispossession of land. It is the Committees view that the Department of Rural Development is not the only department which can fast track rural development. The complexity of rural development requires a number of Departments to come on board such as Agriculture, Energy, Public works, Water Affairs, Social Development, Cooperative Governance and Traditional Affairs, Trade and Industry, Economic Development, Education, Health and Transport. The role of Department of Rural Development is to coordinate such programmes.
The Committee has noted the additional funding to address the 7000 outstanding land claims. It also noted the new model which is going to be piloted aimed at supporting emerging farmers in partnership with the Land Bank. The Committee supports the proposed additional funding for provinces to improve the quality of extension services which is offered to newly settled farmers. While the Committee supports all these interventions, it is its view that a lot still need to be done to drive a more comprehensive rural development programme. While the 2010/11 MTBPS has made a number of interventions, it seemed not to be suggesting an intervention relating to challenges identified during the implementation of Land Assistance Act in the land reform programme.
The Land Assistance Act No 126 of 1993, makes provision for emerging farmers to be assisted in order to further their agricultural aspirations as well as change land ownership in the country through Land Redistribution Programme by Government. The Act is often misused for corrupt purposes by way of sub-divisions and the resale of subdivided land and illegal evictions.
The Annual Performance Plan (APP) indicates that the strategic priorities of the Department of Police are to combat crime to ensure that all people are safe. Whilst there has been a decrease in crime in general in the first quarter 2010/11 in some areas such as contact related crime, property related crime, and detection, the rate of crime has increased. Irrespective of the progress made to reduce the crime rate in certain areas, levels of crime are still unacceptably high in South Africa. It is well understood that the Annual Performance Plan (APP) of the Police was revised after the revision of the Estimate of National Expenditure 2010. The main focus of the Crime Prevention Programme is precisely to reduce crime levels specifically of the trio crimes and crime against women and children as well as the implementation of a comprehensive crime prevention strategy which will be focusing on reducing illegal firearms.
It is the view of the Committee that the reduction of crime mainly depends on members of the Police response and visibility together with the involvement of society at large. In its annual report, the Department of Police indicated that part of the challenges the Department is facing include the court case backlog, prisons overcrowding, high proportion of violent crime, as well as high rate of recidivism. The Committee supports an additional funding over the MTEF which seeks to expand detective services, crime intelligence and crime prevention particularly in local stations and the proposed increase of Police members from 200 660 to 203 025 by 2014/15. Part of the capacity expansion over the MTEF, will be to increase the Special Investigation Unit (SIU) to 650 members by 2013/14 to fight corruption. The Committees welcomes this move since the fight against crime and corruption is one of the government priorities for five years.
The budget of the South African Police Service (SAPS) has been adjusted from R52.5 billion to R53.5 billion for the 2010/11 financial year. Therefore the total additional budget amounts to R973 million from other adjustments. This amount has been added precisely to address the issue of increase in remuneration packages and housing subsidy for various programmes, visible policing being the highest. Even though the Committee supports the adjustment but it is still concerned that the department had only spent 46 per cent in the first six months of 2010/11. This level of under expenditure is attributed to the slow spending on Information Technology Service which is rendered by SITA.
Furthermore, the slow spending was also attributed to delays in procurement processes such as the awarding of six tenders by the SITA for Integrated Justice Services Programme (IJSP) in the first six months. The 2009/10 Annual Report of the Department of Police has highlighted some of the challenges that the Department is faced with. These include the lack of control systems within the area of supply chain management, especially the management and controls of assets. The Committee is concerned about this state of affairs since the larger portion of the budget is largely dominated by current payments which accounts for R49.3 billion. Part of this figure goes to goods and services and to capital assets. To this end the Committee is of the view that urgent action needs to be taken by the Department to address these supply chain management issues.
Although the Committee did not engage with the Department of Police, the Annual Report of the Department indicates a high level of expenditure under goods and services which is dominated by consultants, contractors, agencies or outsourced services. This is indicative of the lack of capacity. This level of expenditure has increased from R1.22 billion in 2008/09 to R1.44 billion in 2009/10. Of note is that the largest portion of this amount was for contractors (R622 million in 2008/09 to R816 million in 2009/10). The second largest expenditure was for agencies and other outsourced services which increased from R497 million in 2008/09 to R516 million in 2009/10. Payments for infrastructure and planning consultants increased from R3.4 million in 2008/09 to R5.3 million in 2009/10. The Committee is concerned about the utilisation of financial resources on consultants instead of the Department building its own internal capacity thereby creating more job opportunities. This higher level of expenditure on consultants is an indication that consultants are used both for policy work and even for functions which SAPS is supposed to have in its in-house capacity.
The Committee remained concerned about the capital work project which took longer than expected particularly the building of Inanda and Esikhawini police stations. According to the Annual Report of the South African Police Service, the Department of Public Works was responsible for these projects and the costs of these projects ended up escalating higher than the projected budgets. It is the view of the Committee that in order for the priorities of government to be achieved, these priorities need to be clarified and prioritised by all stakeholders during the budgeting and planning stage. It is also the view of the Committee that planning for the priority areas of government should be taken more seriously and can not be treated in the same manner as none prioritised areas. Reporting, transparency and accountability in these areas should be enhanced at all spheres of government so that problems and challenges are identified and addressed accordingly.
The Committee found that there is a clear persistence of the non compliance with the provision of section 43 of the Public Finance Management Act which allows the Departments to make virements or shiftings of not more than 8 per cent. In the first six months of 2010/11 financial year the following departments have shifted and vired more than 8 per cent which then needs to be approved by Parliament: the departments of Water Affairs, Trade and Industry, Rural Development, Statistics South Africa, Arts and Culture, Higher Education, Correctional Services, Defence, Human Settlement, Science and Technology, and Tourism.
Subsection (b) of Section 43 of the PFMA does not allow the money which is earmarked for transfers to be shifted to defray current payments. The Committee found that the departments of Art and Culture, Defence and Water Affairs in shifting their funds have not complied with this provision of the PFMA since some of their transfer budgets were shifted to defray current payments.
Subsection (c) of section 43 does not allow the utilisation of capital budget to defray current payments. The Committee found that, contrary to this provision, the following departments have defrayed current payments through capital budgets: International Relations and Cooperation, Statistics South Africa, Higher Education, Correctional Services, Defence, Rural Development and Land Reform, Water Affairs.
The Committee established that the delays in the completion of two Police stations (Inanda and Esikhawini) by Department of Public Works has led to escalated costs of building these stations when compared to the initially projected costs.
Most of the adjustments have been made to accommodate the increased remuneration of employees, housing subsidies and roll-overs. The Committee also found that most of the shiftings and virements were done from budgeted vacant posts under the guise that departments are saving instead of under spending.
The under expenditure in the Department of Health was due to delays in finalising wage agreements, accruals amounts still to be paid, Capital expenditure funding being reviewed to address the turnaround strategy and the lack of spending on the Hospital Revitalisation programme in some provinces such as Mpumalanga, KwaZulu-Natal, Free State and Eastern Cape.
The Standing Committee on Appropriations, having considered the adjustments Appropriations and heard comments from identified stakeholders, recommends the House approves the adjustments Appropriation Bill [B34 - 2010] (National Assembly - section 77) without amendments.
That the National Treasury should monitor compliance with section 43 of the PFMA and report its findings to Parliament.
The Department of Health should expedite the implementation of the Hospital Revitalisation programme so as to improve the level of availability, affordability and accessibility of health facilities for TB, HIV and AIDS, and other diseases.
The Standing Committee on Appropriations agrees to the Adjustments Appropriations Bill [B34 - 2010] (National Assembly - section 77) without amendments.
The Minister of Finance tabled the Medium Term Budget Policy Statement (MTBPS) on 27 October 2010, outlining the budget priorities of government for the medium term estimates. The MTBPS was tabled together with the Adjustments Appropriation Bill and the Division of Revenue Amendment Bill in Parliament. The MTBPS was referred to the Standing and Select Committees on Appropriations (the Committees) to consider and report, in accordance with their respective mandates as outlined in the Money Bills Amendment Procedures and Related Matters Act No. 9 of 2009.
the proposed division of revenue between the spheres of government and between arms of government within a sphere for the next three years; and the proposed substantial adjustments to conditional grants to provinces and local government, if any.
This is the second MTBPS introduced in the Fourth Parliament particularly after the introduction of the Money Bills Amendment Procedures and Related Matters Act No. 9 of 2009. The MTBPS provides the framework within which each sphere has to then prepare detailed budgets. The Money Bill Amendment Procedures and Related Matters Act affords Parliament an opportunity to make recommendations and changes to the fiscal framework and the Division of Revenue. While Parliament is required to make recommendations, it is important for Parliament to take into account inputs from other stakeholders such as civil society, labour, businesses, Chapter 9 institutions and others. Through the 2010 Medium Term Budget Policy Statement, it was indicated that South Africa needs to forge a new growth path to focus on its own specific transformation challenges which include the structural of wealth, ownership and control of resources, options for empowerment and broadening participation in the economy, access to land and, improving public education and health.
The total allocations to national departments decreased by R7.0 billion, allocation to provinces increased by R4.1 billion and allocations to local government increased by R0.3 billion.
The Standing and Select Committees on Appropriations jointly invited the National Department of Cooperative Governance (DCoG), South African Local Government Associations (SALGA), Financial and Fiscal Commission (FFC), Human Science Research Council (HSRC) to comment on the MTBPS as they were considered strategic in the implementation of policy priorities. The MTBPS Hearings took place on the 2nd and 3rd November 2010.
The Financial and Fiscal Commission (FFC) highlighted the potential risks to the moderate economic growth projections for the South African economy, which include: interruptions in the global recovery, exchange rate volatility, human resource needs and the proposed fiscal austerity/consolidation framework over the medium-term.
The FFC indicated that for the South African economy to grow faster; a more inclusive economic growth strategy that is multi-faceted is required in its approach. The strategy should focus on poverty alleviation, the labour absorption capacity of the economy, the productivity of public expenditure (i.e. quality improvements in access to social services), accelerated implementation of approved infrastructure projects and increased spending on maintenance and rehabilitation and the rooting out of corruption in all sectors of economy. The FFC requested that more detail be provided in relation to the economic policy direction of government which frames the fiscal environment in which the intergovernmental fiscal relations system must operate for effective Commission engagement.
The FFC raised concerns with respect to the downward revisions of agriculture and health spending over the medium term, particularly in light of the fact that these sectors contribute positively to economic growth and form part of the identified 12 national priority outcomes. The FFC further raised concerns about lack of consultation by some government departments when making financial decisions as per Section 1(3) (1) of the Financial and Fiscal Commission Amendment Act No 25 of 2003.
The FFC noted that national government's share of the Division of Revenue declines over the 2010/11 Medium Term Expenditure Framework (MTEF), whereas the provincial and local government shares increases over the same period. The FFC submitted that the current formula for determining the Local Equitable Share (LES) may be unconstitutional in respect of the Revenue-Raising Component (RRC). Furthermore, the FFC cautioned against potential negative effects on middle income municipalities resulting from the government's approach to focus on targeted funding for poorer municipalities to the detriment of middle income municipalities.
The FFC also indicated that the biggest expenditure challenge in the provincial government is the rising personnel spending compared to other spending items that lead to growth and development. With respect to the local government sphere, the FFC said that the biggest expenditure challenges are the poor performance against conditional grants (particularly infrastructure) highlighted by rollovers amounting to R1.8 billion in the 2010 / 2011 financial year.
Expanded Public Works Programme (EPWP) Incentive Grant for Infrastructure - The FFC noted low level of spending from this grant. The FFC is of the view that more effective reporting of EPWP projects will allow municipalities to access this incentive grant.
The Committee asked the FFC to elaborate what it meant by the unconstitutionality of the revenue raising component of the local equitable share formula. The FFC explained that the unconstitutionality of the LES formula refers to the current practice whereby deductions or additions to municipalities' equitable share are based on actual revenue collection figures, which disregards the municipality's capacity to collect revenue and the degree of effort made by the municipality to collect all revenues owed. The FFC advised that this is in contravention of the Constitution. Hence, the FFC recommends that the LES formula should contain a revenue-raising capacity variable.
The Department of Cooperative Governance (DCoG) provided the Appropriations Committees with an overview of key focus areas and budget priorities over the 2011 MTEF that will contribute to the national priority outcome 9: "A responsible, accountable, effective and efficient local government system". Key strategies and programmes proposed by the Department for the 2011 MTEF include: a differentiated approach to supporting local government (i.e. covering aspects of finance, services and labour), propose a single window of coordination, support to municipal finance and administration capability, propose a refined ward committee model to deepen democracy, improved support to human settlements outcomes, implementation of the community work programme and accelerated access to basic services.
An additional allocation of R16.
An additional allocation of R26.3 billion over the 2011 MTEF to the BIF is requested on the basis of unlocking the delivery of reticulation services by funding bulk infrastructure and procuring well located land towards addressing backlogs in order to ensure universal access to basic services.
An additional allocation of R4.2 billion over the 2011 MTEF to the LGES is requested on the basis of complementing the institutional component of the LGES by funding critical skills in municipalities, prioritising water and sanitation over the MTEF in order to build long-term municipal institutional capacity through the proposed reconfigured Municipal Systems Improvement Grant (MSIG) into the Local Government Institutional and Systems Support Grant (LGISSG).
The DCoG further submitted that additional funding has also been requested for the following departmental programmes: Special Purpose Vehicle, Disaster Management, and the Implementation of the Masters Systems Plan for National Disaster Management Plan, Municipal Infrastructure Audit, Local Government Turnaround Strategy and the Township Renewal Programme.
The DCoG has identified a lack of cooperation and coordination between the three spheres of government as a risk and will attempt to mitigate the risk by proposing that the SPV be a single window for coordination among the three spheres of government. However, the proposed model still awaits cabinet's approval.
The South African Local Government Association (SALGA) indicated that the economic recovery was a welcome sign for local government. However, SALGA also cautioned that the economic recovery bears pressure on demand for quality municipal services and hence the ability of municipal services to support the expansion of productivity within local industries and the sustainability of key economic sectors operating within municipal boundaries.
SALGA further recommended a comprehensive review of the local government fiscal framework to address amongst others, the limited vertical share.
The vertical share of local government meets the increasing demand for municipal services.
Furthermore, this should be coupled with efforts to build the capacity of weaker municipalities to spend efficiently and effectively.
A concern was raised as to whether the proposed minor adjustments to the local government equitable share (LGES) formula to allocate more funding towards poorer municipalities are substantive enough to address institutional challenges, such as: the need to appoint skilled personnel to manage finances, human resources, service delivery functions and core administration functions. In addition the availability of credible data on key variables relating to the socio-economic demographic and spatial profiles of municipalities need to be addressed not only to update the data underpinning the LGES formula, but also a more fundamental review of the structure of the formula itself.
Increase funding for the water services operating subsidy grant to assist municipalities struggling with refurbishment and maintenance.
Since infrastructure funding remains a challenge; it was argued that there should be an explicit link between municipal infrastructure grant (MIG) allocations and LES allocations especially in smaller municipalities. Funding should be set aside through MIG or outside for the funding of refurbishment and upgrade of existing infrastructure in smaller and poorer municipalities. SALGA welcomed the envisaged devolvement of the housing and public transport functions to cities and the increase in the Devolution of Property Rates Grant.
The Committees on Appropriations raised a concern as to the perceived lack of support provided by SALGA with respect to capacitating municipalities. SALGA responded that in support of municipalities they are partnering with universities who are service providers to strengthen the capacity of financial management, for example University of Witwatersrand is offering a course in financial management, expenditure and oversight. Furthermore, SALGA reported that they are reviewing the possibility of electing a permanent member to the National Council of Provinces (NCOP) to provide support to the Committees concerning local government matters.
Furthermore, the Committees on Appropriations sought clarity on the impact of the new demarcations and SALGA reported that there are 382 new wards in the country which will have a huge financial burden to the government particularly in Johannesburg where there are more than 60 new wards. This also implies the increase in the number of councillors which increases the amount allocated in respect of the institutional component of equitable share which funds the payments of councillors.
The Human Science Research Council (HSRC) applauds the Appropriations Committees and the Ministry of Finance for enabling public engagement with the national budget priority setting and decision making processes. Further, it applauds efforts to chart a new inclusive growth path that serves as an agenda for collective action.
It gives due attention to rural development, youth employment, the Industrial Policy Action Plan and the Community Works Programme.
The HSRC noted the insufficiency of progress with respect to broad education, health and economic indicators. The HSRC recommend that investment in these broad areas targeted for priority need to be further specified. With respect to Education, the challenge is how and where to intervene, in order to break the cycle of the education and development trap. Substantial investments in early learning, through reception year and foundation phase of schools are critical to breaking the stagnation of low performance scores.
The Aids epidemic is stabilising, however intensive efforts are still required. The 3rd national HIV prevalence, incidence and communication survey (2008) revealed a number of positive trends. A decline in the HIV prevalence in the teenage population (15-19 years) has been observed, as well as a decline in mother-to-child infections. However, HIV infection risks remain high in the country, with women aged between 25 and 29 years continuing to record very high levels of HIV infection.
In respect of economic growth, the HSRC noted the importance of a knowledge economy. A knowledge economy contributes to the growth of an economy. South Africa scores are low in respect of the knowledge economy index and the number of full time equivalent researchers per 1 000 people compared to its counterparts. Furthermore, there has been slow uptake of the Research and Development (R&D) tax incentive by the private sector and to what extent has the requisite institutional reforms and actions to support the incentive regime been implemented by government. Hence, the HSRC calls for the government to continue to prioritise R&D and monitor and evaluate programmes that has to deliver on R & D outcomes.
The HSRC, furthermore placed emphasis on the need for research information to inform medium term expenditure decisions, with concern being raised as to whether national data collection needs in the areas of health and education are receiving sufficient allocations from national funding. The HSRC proposes a new national health survey (i.e. South African National Health and Nutrition Examination Survey [SANHANES]) that will provide real-time annual monitoring of the health status of the nation and fill the current gap in national health surveys. Furthermore, proposes accessibility modelling (that will identify access norms and standards, demand for services, service infrastructure supply etc.) and strategic use of Geographic Information Systems (GIS) capabilities for spatial optimisation of services, resulting in improved service delivery.
The HSRC commends the acknowledgement in the MTBPS of procurement and tender fraud which is currently under investigation and the efforts of the Inter-Ministerial Committee on Anti-Corruption in its efforts to address inefficiencies in, and improving the effectiveness of public management. The HSRC also proposes a closer examination of the nature and scope of service delivery protests to avoid future conflicts with communities and facilitate implementation, given the imminent increases in tariffs and user charges.
What conditionalities could be attached to social welfare grants?
What is the optimal percentage share of GDP that need to be invested in R&D activities?
What comparative studies has the HSRC undertaken in relation to the economic growth potential of cities?
The HSRC responded that government has been proactive by intervening in critical areas such as curriculum and teacher/educator training to bring about positive outcomes. The HSRC indicated that it would provide empirical evidence of factors affecting educational outcomes.
The HSRC explained that the prevalence indicator could be misleading as it does not reflect the positive trends, such as the fact that HIV/Aids patients are living longer as a result of anti-retroviral treatment and more people are becoming aware of their HIV/Aids status. Prevalence is measured according to the number of new HIV incidents reported and the mortality rate of HIV infected people or Aids patients. The HSRC indicated that in the Western Cape, TB forms part the Burden of Disease Programme, whereby HIV/Aids and TB are diagnosed and treated together. This has resulted in cost savings and improved diagnosis and treatment of HIV/Aids and TB. The HSRC were of the opinion that the Western Cape model could possibly be implemented across the country.
Conditionality in respect of the proposed youth employment grant could be that the individual should show proof of actively seeking for work in order to qualify for the grant.
The HRSC reported that R&D as percentage share of GDP has declined, despite government committing to 1 per cent of GDP, Currently the R&D as percentage share of GDP is 0.93 per cent. The HRSC recommends an optimal percentage share of 1.5 per cent of GDP.
The HRSC reported that it forms part of a research group that is reviewing and assessing the socio-economic status of cities. Findings are that the economic performance of cities have benefited the country as a whole and have been the drivers of employment creation. On the other hand, it has placed greater demand on cities infrastructure and service delivery, resulting in greater pressure on the cities finances. Hence, the HRSC cautions the government and recommends a more balanced approach in investment and the distribution of investment between rural and urban areas.
The Committee established that the 2010 MTBPS made more budget provision for the wage bill. Concerns were raised about the increase in the wage bill due to the higher inflationary wage settlement.
Although Section 1(3) (1) of the Financial and Fiscal Commission Act (2003), as amended, provides for a Commission to act as a consultative body and make recommendations to organs of state in all spheres of government on financial and fiscal matters, the Financial and Fiscal Commission alluded, during the hearings on the 2010 MTBPS, to the fact that there has been a lack of consultation between the Department of Cooperative Governance and the Commission.
The Committee established that there was a lack of expenditure on conditional grants which has led to a roll-over of R1.8 billion in the 2010/11 financial year. It is the view of the Committee that these grants are very instrumental in the infrastructure development and job creation and should therefore be spent appropriately.
The Committee established that technical and vocational education system is one of the areas which contribute towards economic development and job creation.
The Committee established that there is a lack of consultation by government departments with regards to section 1(3)(1) of the Financial and Fiscal Commission Act.
That the House adopts the 2010 Medium Tern Budget Policy Statement.
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The House met at 14:00.
The MINISTER OF FINANCE: Hon Deputy Speaker, Mr President, Mr Deputy President, fellow Cabinet colleagues and Deputy Ministers, the Governor of the Reserve Bank, MECs for Finance, members of the diplomatic core, directors-general, heads of institutions in the finance family, hon members, guests, ladies and gentlemen, former President Mandela once said that "after climbing a great hill, one only finds that there are many more hills to climb". This is particularly true in Nkandla. As a youthful nation, we have had our fair share of hills to climb. Our successful hosting of the World Cup earlier this year is surely proof that no hill is too steep.
As we move out of the depth of the greatest recession since the 1930s, we find yet another hill facing us - the highest, and perhaps the highest we have yet to climb. This is the creation of jobs and the reduction of poverty. Today is the birthday anniversary of a great South African, Oliver Tambo, who dedicated his life to these goals of a better life for all South Africans. Can we applaud this! [Applause.
In taking the struggle forward, Cabinet has this week released details of a new growth path that sets out a vision and outlines key areas where jobs can be created. This is an agenda for collective action by the state, business, organised labour and civil society. In fact, all South Africans have an interest in energising and activating the growth path.
Members of the House will know that details of the new growth path have been under intensive discussion since this time last year. A more inclusive approach to development and creating jobs has been at the forefront of the work of Parliament and many of its committees this year, and it was recently the central theme of Nedlac's annual summit. Our central goal is unequivocal. We have to accelerate growth in the South African economy, and we have to do so in ways that will rapidly reduce poverty, unemployment and inequality.
In February this year, we spoke of our shared humanity, our generosity, our resilience and our capacity to heal and deal honestly with each other as South Africans. We said these attributes were our most precious asset, an asset that gives us formidable capacity to fight adversity, to find common ground amongst us and to move forward to our goals. Now is the time to demonstrate this; the challenges before us demand it.
We have done well, but this is not good enough. We know our challenges. It is time to be impatient with ourselves. I believe the time for talking about our challenges is over. The challenges that we know so well - poverty, unemployment, deteriorating infrastructure, delays in service delivery - demand our urgent responses.
Our communities have been very patient. They want this economy to create jobs, and they want faster and better delivery of public services. All South Africans - those who are poor and those who are privileged - want economic growth. But they don't want just any growth; they want economic growth that creates opportunities for meaningful participation. This is not only for us, but it is also for our neighbours and, more importantly, for our sons and daughters and future generations.
It is my privilege to introduce the Medium-Term Budget Policy Statement on behalf of the President and the Cabinet and to encourage the House and its committees to engage fully with its proposals as part of the more wide-ranging discussion of the central economic, social, financial and developmental challenges of our time.
I need to stress that the design of a growth strategy is our first step and an important one. Our next challenge, to which we are fully committed, is its implementation - aligning our policies and programmes, managing infrastructure project contracts, supporting accelerated business investment and actually delivering on the outputs and activities that are now documented in the outcome statements, delivery agreements and strategic plans for every government department, every public entity, every state-owned enterprise and every municipality. All of us - every Minister - is committed to this.
As you know, we can deliver on a plan, as you have seen in the World Cup. We can deliver this on time and more or less on budget. We know that we can mobilise all South Africans behind a major project. In the midst of a global recession, we brought a special brand of South African magic to the television screens of the whole world. Billions of people around the world watched South Africa perform at its best, and we hosted 350 000 enthusiastic visitors in our own land. We know what it feels like to work together as a nation, to share a collective pride in saying, "Ke nako! It's time! We can do it!" Of course, we also know that economic development is not an event but a process, which requires sustained effort and continuous engagement unfolding over many years.
The 2010 Medium-Term Budget Policy Statement begins with a reminder that development is not about numbers, but about people and improving the quality of their lives.
Our third progress report on the Millennium Development Goals, MDGs, has recently been published as a collaborative effort between Statistics SA and a range of civil society organisations. It is a timely reminder that while we can report steady progress on several fronts, we are lagging well behind targets in others.
We are likely to achieve the 2015 MDG targets for reducing extreme poverty, access to water and sanitation and providing school opportunities and achieving gender equity in education. But on critical health indicators such as maternal and child mortality, which Minister Motswaledi continuously reminds us of, and HIV and TB prevalence, we are not on track to achieve the targets. The quality of many of our schools falls short of acceptable standards. On broader economic indicators, we still have a very unequal distribution of income, and too few South Africans have jobs.
So, we have to place health care and the creation of the national health insurance, education, employment and the requirements of the growth path at the centre of our policy framework for the period ahead.
This is in part about expenditure allocations, and it is also about how we manage public service delivery. It is about taking forward the work of Minister Chabane's Performance Monitoring and Evaluation and Administration department and various interdepartmental teams which have developed specific outputs and targets that are now embedded in 12 sets of delivery agreements covering national, provincial and local government responsibilities.
These commitments and priorities have already influenced departmental planning and budgeting. Examples of existing spending programmes that relate to each outcome area are provided in the Medium-Term Budget Policy Statement, and they will be elaborated in more detail in February next year.
We are making our policy priorities and service delivery goals more measurable and more exact. We are strengthening our capacity to root out corruption and waste. We are making it possible for members of this House and ordinary citizens to see links between activities and projects of government departments and service delivery in our communities.
Our budget policy framework is also informed by the requirements of a new growth path, in which six key sectors and activities have been identified for unlocking employment potential: infrastructure, through the expansion of transport, energy, water, communications and housing; agriculture and the agro-processing sector; mining and mineral beneficiation; the green economy and associated manufacturing and other services; manufacturing sectors identified in the Industrial Policy Action Plan; and tourism and selected services sectors.
Government's new growth path provides the basis for co-ordinated policies and programmes across the state and a reinvigorated dialogue and co-operation among social partners. This is what accountability means.
South Africa was recently ranked first amongst 94 countries in the International Budget Partnership's Open Budget Survey. [Applause.] Mr Manuel should be the first one to say "yeah" because he, together with officials had a lot to do with this.
I'm going to repeat this, hon Deputy Speaker. South Africa was recently ranked first amongst 94 countries in the International Budget Partnership's Open Budget Survey, which assesses the degree to which governments provide sufficient budget documentation to allow for public participation, understanding and oversight in national budget decision-making. This is something that all of us should be very proud of. [Applause.] This is indeed what accountability means.
The challenge before this House and indeed before all South Africans is to strengthen our capacity to use this information to improve oversight, accountability, service delivery and thus improve the pace and quality of our social and economic progress. In other words, we have all the information; there is no shortage of information. There is also no shortage of transparency with regard to that information. But democracy works when we use the information in a constructive and rigorous way so that we can hold people accountable for what they are supposed to deliver.
Before returning to these development challenges, allow me to comment briefly on developments in the global economy. International trade and output have started to grow again, after the severe recession brought on by the financial sector crisis in developed countries. Fiscal and monetary policies remain broadly expansionary, but growth remains fragile, especially in major developed economies where employment has yet to recover - like in South Africa - and debt levels continue to rise - unlike in South Africa.
After declining by 0,6% in 2009, the world economy is expected to grow by 4,8% this year, which is considerably stronger than was expected at the beginning of the year. China and other major developing countries remain the primary engine of world growth as their economies continue to be driven by rapid industrial expansion, urbanisation, and modernisation. India, Germany and Brazil are also contributing significantly to global growth.
Let me reinforce this message. This message is saying to us that the way in which the globe is growing at the moment is very different from 10 years ago. Developing or emerging countries are playing a far more powerful role, and they are in fact the locomotives which are driving global growth at this point in time.
However, there are signs that this recovery has slowed since the middle of this year. In the United States the Federal Reserve Bank has indicated that additional stimulus measures may be needed to prevent deflation. We must be cautious about these additional stimulatory measures which will have benefits for the United States and could have benefits for us.
But this phenomenon called "quantitative easing", which puts more money out into the economy and possibly more money that will come to economies that are our own for the short term only and inflate or strengthen our currencies, is a challenge that, at a global level, the President will have to tackle when he goes to the G20 summit later in November in Korea.
China has taken steps to tighten its policy to prevent its economy from overheating. Last weekend's meeting of G20 finance Ministers and central bankers in South Korea drew attention to the risk of increased protectionism and disjointed actions by countries seeking to gain trading advantages by weakening their currencies.
At the same time, countries with high fiscal deficits are obliged to reduce their deficits and stabilise their debt levels through, hopefully, growth-friendly fiscal consolidation plans phased in over timeframes that are specific to the conditions of each country.
The G20 proposes a stronger multilateral co-operation focused on structural reforms to sustain global demand, foster job creation and increase growth potential while completing financial repair and regulatory reforms without delay. It is uncertain how these international co-operation efforts will work out.
So many countries share the same policy challenge - finding the right balance between measures taken jointly with other nations and steps aimed at protecting national interests.
This is developing as a major challenge to us globally. One sits in global fora and thinks they are attending to concerns of the globe as a whole. But often countries end up advancing their own national interests and find it difficult to connect in respect of gobal interests.
It is clear that the rebalancing of global trade - consumption and investment patterns, increases in spending in surplus countries and decreases in deficit economies - in ways that are consistent with current account and fiscal sustainability norms will take many years, and, indeed, rapid rebalancing would be highly disruptive.
To understand the complexity of this restructuring, we need to appreciate that the decreases or increases in consumption or investment that may be required in specific countries have implications for production in other countries, which will in turn impact on investment elsewhere in the world, leading to further shifts in trade patterns and dynamics.
These interconnected changes in economic activity bring real opportunities for growth and a redistribution of global income and welfare. But they are not correlated in predictable ways with exchange rate movements. The current global co-ordination efforts are therefore focused also on new sources of growth, longer-term trade development and a more stable financial system.
The world is beginning to realise that the West is no longer the only source of growth and demand, and that if continents like Africa are not adequately developed they in fact will suffer in the longer term as well.
In early November, President Zuma will join other G20 heads of state in seeking a common framework for reshaping the global economy and addressing the challenge of aligning divergent national interests within a multilateral co-operative vision and a plan of action. South Africa's view is that shared long-term goals and well-sequenced reforms are more likely to succeed than unilateral or protectionist steps.
In the context of Africa's improving prospects, it is important to note that sub-Saharan Africa is well positioned to benefit from improvement in global demand. Africa has largely escaped the negative overhang of high household debt and weakened banking systems that have been felt in many other regions.
However, slow growth in developed countries has reduced the flow of remittances to low-income countries in Africa, and rising debt in core markets could impact negatively on development assistance to African countries. Nevertheless, low global interest rates, high commodity prices and a particularly strong Chinese demand for Africa's exports provide positive economic boosts, particularly in countries that have undertaken structural and budgetary reforms.
Growth in sub-Saharan Africa is expected to accelerate from 2,6% in 2009 to 5% in 2010 and 5,5% in 2011 as commodity prices remain high, exports recover and domestic demand accelerates. The growth rate in Africa will be second only to Asia in the world during this year and next year. This is a remarkable performance for the so-called "forgotten continent".
This strong expansion of regional economic activity is supported by institutional reforms that provide a positive environment for the expansion of private investment. These include the following: a greater commitment to democracy, political stability and the strengthening of institutions of governance; the opening up of African markets to local and foreign competition through reduced trade and investment barriers; and increased investment in the national infrastructure to reduce costs and facilitate trade. These have all played an important part.
The prioritisation of spending on health and education in national budgets will also support rising productivity. It is notable that in 2009, real spending on education and health increased in 20 out of 29 low-income regional economies in Africa. However, greater economic integration is necessary to harness the full potential of intraregional trade, and the expansion of regional infrastructure networks is required to facilitate faster movement of goods and services between countries at a lower cost. This is a challenge for countries around us and for our region as well.
South Africa experienced a decline in gross domestic product, GDP, of 1,8% in 2009 and a loss of employment estimated at close to a million jobs. Yesterday, we had further grim news that another 90 000 jobs have been lost. This was a severe deterioration, despite a continued expansion in government infrastructure spending and the countercyclical monetary and fiscal policy response that we generated.
Higher commodity prices have contributed to a somewhat more buoyant recovery this year than was anticipated at the time of the February Budget. Households have started to spend again as interest rates decline together with lower inflation. But we don't want them to overspend and get into debt again.
Trends in the productive sectors of the economy confirm that output has responded promptly to recovery in trade and consumer confidence. In the first six months of 2010, manufacturing value added grew by 5,8% as compared to the previous year, driven by increased production of motor vehicles, petrochemicals and basic iron and steel. However, the momentum of growth in manufacturing appears to have slowed down in the second half of the year.
Output in mining increased by 2,2% during the first half of 2010, and it appears to have expanded further in the third quarter. Measures to address regulatory uncertainty in the mining sector are under way under Minister Shabangu's guidance, which will in due course contribute to improved investment, taking into account the favourable outlook for commodity prices.
Agricultural output declined by 3,2% in 2009, and quarterly growth accelerated in the first half of 2010 due to a bumper maize crop. Anybody who wants to buy maize must please contact Minister Joemat-Pettersson.
The construction sector continued to grow during the first six months of 2010, though at a slower pace than in 2009. Public infrastructure projects in progress will in due course lead to further private investment and a more efficient business environment. The Gautrain project provides a clear example of this, with new business investment seeking to take advantage of opportunities that come with being located alongside a new public transport system. Similar benefits will flow from road improvements and public transport projects in all our cities and metropolitan areas.
As Minister Ndebele and Deputy Minister Cronin will confirm, investments that make it easier for people to get to work are good for both the economy and people's living conditions.
Retail sales have recovered well since their substantial decline last year, though the pace has slowed since the end of the World Cup. We project a moderate recovery in household consumption expenditure, from 2,6% growth this year to about 4% a year over the period ahead, which will lead to some growth and job creation in the retail sector.
At this stage, we expect an overall growth of 3% in South Africa in 2010, rising to 3,5% in 2011 and 4,4% by 2013. So, we have raised our forecast from 2,3% to 3%. Employment and private investment are expected to rise gradually as growth accelerates. Growth in real gross fixed capital formation is expected to rise from an estimated 0,8% in 2010 - quite a severe decline - to 5,6% in 2011 and 5,9% in 2013. This is crucial for economic growth in South Africa.
The slowdown in our economy since 2008 has contributed to the narrowing of the deficit on the current account of the balance of payments from over 7% of GDP to an estimated 4,2% this year, which has been comfortably financed by capital inflows - although this was too much capital inflow.
Infrastructure spending, combined with a recovery in domestic demand, will result in faster growth in imports than exports over the next three years. Capital inflows and a recovery in corporate profits will also lead to higher income payments to global bond and equity investors. The current account deficit is forecast to widen to 5,8% by 2013, unless we begin to export a lot more than we anticipate at this point in time.
Headline CPI, consumer price index, inflation has declined to 3,5% for the year to August this year - the latest figure that came out today is 3,2% - and it is expected to remain below 6% over the next three years, supported by a moderation in food price trends and a relatively buoyant exchange rate.
This year has seen two further declines in the Reserve Bank's repurchase rate, to 6% in August - its lowest level since the rate was introduced in 1998. Supply and demand for credit has begun to improve in recent months as consumer confidence has improved, and lending to businesses for investment and inventory restocking is likely to accelerate over the period ahead. The latter is absolutely crucial, particularly for our small businesses if they are going to thrive in these difficult circumstances.
The monetary policy stance will continue to target low and stable inflation to support a more competitive exchange rate and reduced investment costs through lower real interest rates. This will be accompanied by measures to contain inflationary pressures and build competitiveness in our economy.
Public sector investment remains the cornerstone of government's strategy to support higher sustainable economic growth in South Africa. This is because it reduces bottlenecks in the economy and draws in private sector investment. Higher levels of public and private investment are necessary over the medium term to raise the economy's growth potential and create employment, and also contribute significantly to the countercyclical macroeconomic stance.
Private business investment makes up about 60% of gross fixed capital formation, and it has contributed over half of the overall investment growth in 2006 and 2007. Since then, investment has been dominated by public corporations while private investment and capital spending by government departments have declined. Investment by state-owned enterprises has risen from 1,9% of GDP in 2005 to 5,6% of GDP this year. Private sector companies cut back sharply on expansion plans during recession, reducing their capital spending by 7% in 2009 and an estimated 2,5% in 2010.
Over the period ahead, a more balanced expansion in investment is projected, though state-owned enterprises will continue to play a leading role. To remove bottlenecks and reduce the cost of doing business, the core investment plans of state-owned enterprises remain focused on capacity expansion in electricity, rail, ports and roads, with the bulk of spending carried out by Eskom, Transnet and Sanral.
In the energy sector, the integrated resource plan under the oversight of Minister Peters will provide clarity on committed generation projects and the future direction of power generation technology such as nuclear and renewable energy. The planned increase in generation capacity from the Medupi and Kusile coal-fired stations will be supplemented by independent power producers, initially through direct sales to Eskom, but ultimately through an independent buyer of power.
A total infrastructure spending of R811 billion is projected over the MTEF period ahead, of which 40% will be in energy, 26% in transport and 11% in water supply. State-owned enterprises will add over R320 billion to public sector debt over the next three years.
Reliable electricity supply, clean water and better transport services have to be paid for over time. So, we will see further rises in tariffs and user charges over the period ahead. However, despite these necessary adjustments, the fiscus will continue to ensure that basic services are accessible and affordable to all, in particular the poor.
South Africa's present economic growth trajectory cannot meet, as we have said repeatedly recently, the country's employment needs. Faster inclusive growth is required over an extended period of time to significantly increase labour absorption, reduce high levels of unemployment and achieve a more equitable distribution of income.
To achieve 5 million jobs over 10 years, which we talked about yesterday, we need to seek growth of over 6% a year at a fairly high level of labour absorption, together with measures aimed at broadening participation and inclusive development.
This is what government's new growth path proposes in order to bring about the marked reduction in poverty and inequality that we all seek.
To achieve our developmental aims, South Africa needs to promote more rapid job creation through a broad range of policy initiatives.
Labour market institutions must be strengthened, including expanded further education and training, and specific interventions are needed to increase both public and private sector demand for labour, especially for young workseekers.
We want to see greater participation of our development finance institutions in cofinancing infrastructure projects, enterprise development, housing and farming support.
Our Industrial Policy Action Plan has to be implemented together with increased support for small enterprises and local economic development.
Greater investment and competition are needed in the electricity, transport and communications sectors to ensure greater efficiency and better prices.
We need to see improved economic co-operation between countries in Southern Africa, including financial and trade institutions, transport, communications, energy and water networks.
Finally, and underlying all of the above, we know that improvements in public service delivery will depend on better financial management, good governance and disciplined pursuit of agreed service delivery outputs and targets.
Minister Davies and colleagues in the Economics cluster will also be looking at other measures to support exporters and manufacturers, through our trade facilitation agencies, investment in technology and industrial development zones and institutions such as the Industrial Development Corporation.
Furthermore, we recognise that the value of the rand is a critical challenge to and in our growth strategy. As in many emerging economies, South African producers are currently under pressure because the strength of the real exchange rate reduces the competitiveness of manufactured exports and lowers the cost of imports.
We appreciate that sustained exchange rate overvaluation creates difficulties for many businesses and threatens jobs in some sectors. It can lead to unbalanced growth, the widening of the current account deficit and increasing vulnerability to economic shocks.
Capital flows to emerging markets have increased steadily over the past decade, supported by favourable growth dynamics, improved credit ratings, greater openness and the development of domestic financial markets. Net private capital flows to emerging economies could reach US$825 billion in 2010. In 2009, this figure was US$581 billion.
You can see that there is a huge amount of money flowing towards emerging markets, including South Africa. Fixed income investments will reach a record of US$70 billion to US$75 billion in 2010. Net capital inflows to South Africa have risen strongly over the past two years, reaching 5,5% of GDP in the first half of 2010, compared with 4,7% in 2009.
These flows are both structural and cyclical. They derive in part from a need for developed economy pension funds and other investors to recoup losses by finding sound long-term and high-yielding investments in emerging markets.
At the same time, low interest rates in advanced economies are supporting what we call "carry trades", in which investors borrow money at low interest rates and invest in assets in countries that pay higher interest rates. Such short-term investments are inherently volatile - they come in, and they can go quicker that we can realise.
The policy challenge is how to continue to attract long-term inflows that we need - which we don't mind having because these are investments in our economy - while minimising the risks of volatile capital movements. I repeat, this is a concern not just for South Africa, but also for many smaller emerging markets around the world.
The rand has appreciated by 6,6% against the United States dollar since December 2009 and by 5,5% against currencies of our major trading partners. Taking into account that South Africa has higher inflation than its major trading partners, the real effective rand exchange rate, which reflects losses or gains in competitiveness, is now about 12% above its average level for the past decade. This appreciation has occurred despite sustained accumulation of reserves by the Reserve Bank - the Governor is waiting to see whether we will give her more money.
Since the beginning of 2010, foreign exchange purchases and swap interventions by the National Treasury and the Reserve Bank have amounted to R43 billion. The value of gross foreign exchange reserves held by the Reserve Bank stood at US$44 billion in September 2010. Emerging market currencies of other commodity producers, such as the Chilean peso, have experienced similar appreciation pressures, while the Brazilian real is even more overvalued.
We believe that international co-operation is needed to achieve a more stable international financial environment, as proposed in the recent G20 communiqué. In keeping with this framework, several adjustments to our financial and foreign exchange regulatory arrangements are proposed, while recognising that in some instances measures may be strengthened or reversed as circumstances change.
Firstly, the National Treasury and the Reserve Bank will continue to purchase foreign exchange reserves. These will be funded by revenue overruns in 2010-11 - Minister Ndebele was hoping to get his hands on some of this money - and the issuance of government bonds and debentures.
Secondly, the Reserve Bank will sterilise inflows associated with foreign direct investment inflows using foreign exchange swaps. Recently, a South African company was taken over by an oversees company, and over a billion dollars is coming into South Africa. We have to use some of this money that we are talking about or alternatively use the swap mechanism that we have just described to mop up the money, so that it doesn't affect our exchange rate further.
Thirdly, exchange control and offshore investment limits on individuals will be amended to encourage the diversification of portfolios and remove unnecessary limitations. Restrictions on the "blocked" assets of emigrants will be lifted as well.
Fourthly, to make South Africa attractive as a corporate investment destination and to encourage investment in the rest of the African continent, qualifying international headquarter companies will be allowed to raise and deploy capital offshore without exchange control approval with effect from 1 January 2011.
Fifthly, exchange controls on domestic companies will be reformed to remove barriers to their international expansion from a domestic base, South Africa.
Lastly, the prudential framework for foreign investment by private and public pension funds, including the Government Employees Pension Fund, will be reviewed to support portfolio realignment and offshore diversification, especially within Africa and into other emerging markets. A second draft of regulation 28 of the Pension Funds Act - the regulation that governs this process - will be published shortly and will take effect next year.
The Reserve Bank will publish details of the proposed exchange control reforms. These measures form part of ongoing efforts to reform South Africa's prudential framework covering offshore investment by domestic individuals and companies. An increase in foreign assets will reduce South Africa's external vulnerability through income inflows and by supporting a two-way demand for the rand. Reserve accumulation serves as a protection of the economy against future shocks, though it cannot directly determine the exchange value of the rand.
In several countries, tax measures have been introduced to counter currency appreciation. The effectiveness of these measures is being carefully monitored by us. Further steps to moderate the impact of capital flows on the South African economy will be considered, drawing on both international experience and the assessment of the likely local impact and also developments when President Zuma joins the G20 summit later in November.
It is important to stress that the above reforms form part of a broader process to improve and strengthen the financial regulatory system, informed by international co-ordination efforts led by the G20 and the multilateral Financial Stability Board.
Several reforms are required by new international regulatory standards arising from the crisis itself. The Basel Committee on Banking Supervision recently proposed a new framework, known as Basel III, for banking supervision. The implementation of the new framework will be led by the Registrar of Banks.
Similarly, the Financial Services Board is in the process of strengthening the prudential regime for insurers. Other reforms are drawn from lessons of the financial crisis, but they are adapted to our circumstances.
In moving towards a "macroprudential" approach to the supervision of financial institutions, the focus falls on assessing and monitoring the strengths and vulnerabilities of the financial system as a whole, in addition to the supervision of individual institutions. In order to achieve this, several institutional changes are proposed.
Firstly, as announced at the time of the Budget, a Council of Financial Regulators is to be established, comprising all financial regulators in South Africa, to promote effective co-ordination and information-sharing and to give effect to macroprudential supervision and to ensure that things don't fall between cuts.
Secondly, the SA Reserve Bank now has a revised mandate that includes a particular responsibility for financial stability.
Thirdly, proposals will be tabled to strengthen the regulation of market conduct, including retail banking and insurance aimed at both client protection and broadening access to financial services.
Lastly, the scope of financial regulation will be extended to cover private pools of capital, over-the-counter markets and credit rating agencies.
Detailed proposals on financial sector regulatory reforms are contained in a discussion document entitled Strengthening the Financial Sector to Better Serve South Africa, which the National Treasury will release shortly, after appropriate consultation.
As the world economy recovers from the global crisis, there is considerable debate about how quickly governments should be closing or narrowing their budget deficits. Some argue that the recovery will be held back if governments cut expenditure too quickly, while others point to the potentially devastating effects of fiscal default. Many European countries are making very sharp budget cuts - you can see the protests in the streets - to maintain sustainability, sometimes resulting in severe social unrest.
In South Africa's circumstances, a careful balance needs to be found between continued real growth in expenditure, while reducing the future interest cost burden on the fiscus so that expenditure growth can be sustained. Where we have to borrow, we will do so mainly to invest in infrastructure that contributes to building productive capacity. Improved delivery of services also requires that we use resources more efficiently, reduce waste and combat corruption - all of which you have heard of before.
Our approach is explicitly countercyclical, which means that fiscal consolidation will be phased in without the curtailment of core public services and in support of sustainable growth. This is what the G20 refers to as "growth friendly" fiscal consolidation. Careful management of the fiscus over the past 16 years has meant that we had fiscal room for a budget deficit of 6,7% last year and 5,3% this year, which has brought forward the economic recovery.
The proposed budget framework anticipates a narrowing of the deficit to around 3% of GDP by 2013-14 and the stabilisation of government debt at about 40% of GDP in 2015-16. This is a great achievement compared to what is happening elsewhere in the world. Expenditure will continue to grow, though moderately, and revenue is expected to recover relative to GDP.
It is nonetheless important to note key lessons from the painful adjustments that the United States and many European countries are undergoing. Fiscal overcommitments can lie buried for decades in pension and social insurance accounts, housing finance arrangements or unsustainable economic subsidies.
When there is continuous growth, the difficulties are deferred to future generations and they are all too easily ignored or forgotten. But when things go wrong, as they have gone wrong over the past two years, they can do so with devastating speed as we have learned. A sound understanding of the long-run trends in revenue, expenditure and public sector financing is therefore critical, and careful planning of future reforms is required.
The Medium-Term Budget Policy Statement notes that real noninterest government expenditure per person has doubled over the past eight years. This was made possible by buoyant growth and revenue in the economy and the declining share of debt service costs in GDP. Government spending on infrastructure and social assistance continued to expand strongly during the economic downturn in 2008 and 2009.
In other words, the fiscal space that was created prior to the recession enabled us to make sure that unlike other countries who had to cut salaries and jobs or reduce pensions or grants that we give to people, we were able to maintain all of them, and still have a sustainable and incredible fiscal envelope. [Applause.
Expenditure growth will be slower over the period ahead, averaging real growth of about 3% a year. However, the overall public sector borrowing requirement is considerably larger than the budget deficit. Mainly because Eskom and Transnet need to borrow to finance large infrastructure expansion plans, overall public sector borrowing will be about 10% of GDP this year, declining to 6% of GDP over the next three years.
Our fiscal policy framework is fundamentally about ensuring that our wellbeing is not unfairly purchased at the expense of future generations. Where we introduce programmes that raise the level of government spending, we need to be clear about how the required revenue will be raised and at what cost to the productive sectors of our economy.
To assist in our understanding of the underlying principles, I have asked the National Treasury to prepare a paper on fiscal guidelines for a wider discussion early next year. This will act as a future framework, if you like, for our fiscal decision-making.
What, then, are the adjustments to the 2009-10 appropriations These are additional amounts of money that our Treasury committee assigns to government entities and departments that are considered to be unforeseen and unavoidable. I am very mindful that the new legislative arrangements for Money Bills have brought additional responsibilities to Parliament's portfolio committees and Appropriations committees in particular. We welcome the first budget review and recommendation reports, which have been tabled over the past week?
Several concerns raised by portfolio committees will need to be explored further - underspending on climate change initiatives, noted by the Portfolio Committee on Water and Environmental Affairs, for example, and the need to improve oversight of the Expanded Public Works Programme, recommended by the Public Works committee. I have taken special note of this committee's observation that the department cannot be expected to budget for certain types of official funerals as these cannot be accurately predicted. I am sure that Minister Doidge and I can find a way of dealing with this.
I am pleased to be able to table a comprehensive Adjusted Estimates of National Expenditure to accompany the Adjustments Appropriation Bill and - for the first time - the Division of Revenue Amendment Bill for the consideration of the House. I cannot deal with all the adjustments in detail, but let me highlight the main points.
In total, the adjusted expenditure level is R2,5 billion lower than the February Budget estimate, which included an unallocated contingency reserve of R6 billion. Contributing to this decrease is a lower provision for state debt costs due to the current strength of the rand and the decrease in interest rates and savings declared by departments amounting to almost R2 billion.
The main additional allocations in the Adjustments Appropriation are as follows: R1,8 billion in roll-overs arising from commitments related to unspent balances in 2009-10; R6,2 billion to cover higher remuneration costs, including the occupation-specific dispensation, OSD; R396 million for various self-funding department-specific activities; R2,2 billion in unforeseeable and unavoidable expenditure adjustments recommended by the Treasury committee, including R769 million to cover property rates due to municipalities on behalf of provinces, funded through the devolution of property rate funds grant; R320 million for OSD salary adjustments in the Department of Justice and Constitutional Development, the National Prosecuting Authority and Legal Aid South Africa; R350 million for OSD salary adjustments in the health sector, conditional on an agreement being reached in the bargaining council; R363 million for expenditure associated with natural disasters and the outbreak of disease; R200 million for the SA National Defence Force for support activities during the 2010 Fifa World Cup; and R100 million to scale up HIV and Aids prevention services.
Now, what of the 2011 Budget, and what are some of the indicators for the Budget Chapter 4 of the Medium-Term Budget Policy Statement summarises the spending framework for the period ahead, informed by government's 12 agreed outcomes, with priority given to education, health, infrastructure development, job creation and other matters arising out of the growth path?
Several areas of reform are proposed to contribute to identifying savings and opportunities for more effective organisation of public services. These are issues of serious concern that need to be given much more energetic attention.
Firstly, there are too many departments where administrative capacity is excessive or inefficient, relative to frontline services. [Applause.] This will come under rigorous scrutiny in the budget process. Some provinces have gone to the extent of hiring over 5 000 admin staff instead of employing frontline teachers, nurses and doctors, and that is unacceptable. [Applause.
Secondly, effective training programmes need to be strengthened across the Public Service.
Thirdly, a new approach to budgeting and management of capital projects will be introduced together with technical assistance to departments and municipalities in which there is underspending on infrastructure maintenance. This is another area which will require energetic action.
Fourthly, nondepartmental agencies and entities are under review, with special focus on governance, remuneration and mandates.
Fifthly, strengthened capacity is in place to deal with wrongdoing in government procurement, and improved rules will enhance transparency in the supply chain process.
Sixthly, information technology systems and management of consulting services will come under specialised scrutiny within the supply chain regulatory framework.
Preparation of the 2011 Budget is now well under way. Cabinet has agreed to a preliminary framework for the MTEF period ahead that, over a 3-year period, makes available R67 billion more than the baseline tabled in February this year, of which R40 billion goes to provinces, R24 billion to national departments and R3 billion to municipalities. A further R22 billion remains unallocated to departments at this stage and is set aside for key education, health, infrastructure, job creation and growth path priorities.
Proposals for expanding youth employment opportunities will enjoy special priority. And in reflecting on opportunities for our youth let me congratulate a group of students of Belgravia High School who are sitting in the front row there and are with us in the gallery, who were winners in three consecutive regional quiz competitions. Congratulations to you. [Applause.
We should set up a competition between you and a parliamentary team. [Laughter.] Minister Nzimande will lead the parliamentary team. We should also take this opportunity - I'm sure all of you will join us in this, colleagues - to wish all matric students well in the examinations which have just started this week.[Applause.
The Medium-Term Budget Policy Statement sets out broad policy considerations underlying the expenditure proposals, including government's economic and industrial policy framework, the need to strengthen infrastructure maintenance, land and agrarian reform goals, pressing needs in education and health service delivery and the challenges of improving police services and the administration of justice.
Several critical long-term public expenditure pressures need to be addressed systematically over the period ahead. Firstly, we have to complete the reform of social security arrangements that has been under discussion since the 2002 Taylor Committee Report. The key aim is improved preservation of savings for retirement among working South Africans. Consolidation of the fragmented existing administrative arrangements for social security is also a priority.
Secondly, we have to implement a national health insurance system. The first phase will involve improved primary health services in rural areas and underserved communities and an expanded programme of hospital construction and revitalisation. An interministerial committee has met to consider the fiscal and financial implications of further health financing reforms, and it will develop practical transition proposals.
Thirdly, we have to improve the maintenance of our transport infrastructure and networks and invest in modern public transport systems.
Fourthly, we have to provide for fiscal contribution to new growth initiatives, industrial development and job creation.
These are all major social and economic reform projects which will require substantial fiscal and financial reforms, phased in over many years. If we are to make rapid progress in these transformation programmes, it is imperative that equally rapid progress is made in r educing wastage and inefficiency elsewhere in the government system and in improving financial management and governance. I thought you would clap for this one. [Applause.
Our spending programmes have to be paid for. It is therefore reassuring to be able to note that the improved economic performance has contributed to a projected increase of R31 billion in tax revenue for the current year by comparison with the February Budget estimate. [Applause.] Total tax revenue is expected to amount to R679 billion in 2010-11, or 25,3% of GDP. A strong increase in VAT proceeds has been recorded partly because of higher consumer demand and partly also because of lower capital investment and reduction in VAT refunds.
Customs duty collections have improved mainly as a result of higher vehicle and component imports. For the period ahead, tax revenue is expected to average about 26% of GDP - still somewhat below levels recorded before the recession. This looks like a lot of money. So, let's just remind ourselves that even if this looks like a lot of money, it will still take us another three years before we catch up to where we were prior to the recession. This is a reminder that we need to be a little less exuberant about the extra revenue.
Consolidated government revenue, including social security funds and public entity revenue, will recover to about 29% of GDP. I need to remind members of the House that today marks the start of the final month of tax season 2010 for nonprovisional taxpayers, whose returns are due by 26 November.
I'm doing this on behalf of the commissioner and not the former commissioner. [Laughter.] I urge all taxpayers who have not yet filed their tax returns to do so within the next 30 days and to join the 2,6 million taxpayers who have already submitted their returns. This is an 18% increase in compliance and early filing compared with last year. Let's say "thank you, South Africa". [Applause.
This growth in compliance comes despite the difficult economic conditions in which all South Africans find themselves, and reflects the strong foundation of tax morality and compliance which have been laid and continues to take root and grow within our country. Let me therefore applaud the many millions of our country's taxpayers who respect their side of the social contract, which has allowed us to continue our vital role in providing social and infrastructural investment without overburdening ourselves and future generations with unmanageable levels of debt. [Applause.
Our capacity to pursue those who seek to evade tax obligations continues to be reinforced. Tax authorities the world over are co-operating more than ever before to throw open the veil of tax manipulation. South Africa now has double taxation agreements with 70 jurisdictions, which provide for extensive exchange of information between tax authorities. In addition, tax information exchange agreements have been agreed to at officials' level with six financial centres, and a further 16 agreements are being explored.
This is important because we can join several countries and conduct an audit on a single multinational company through six countries' revenue services. These information exchange provisions allow us to exchange information and therefore get a holistic view of a particular company, whereas in the past you would only see your own country's view of a particular company.
A joint audit is being made possible through these agreements, and it has already yielded R3 billion in additional revenue this year. [Applause.] Combined with the growing availability and accuracy of third party data from financial institutions, employers and other sources, there are very few places for the noncompliant to hide. But, of course, they are very creative; they will find a place to hide.
We are, however, offering another opportunity for taxpayers to come clean and join the ranks of full participation in our democracy. The Voluntary Disclosure Programme, which allows for the waiving of penalties of up to 200% for those who make a full, honest and voluntary disclosure of prior evasion, will begin next month.
Let me tell you about a deal that has just been reached between Germany, the United Kingdom and Switzerland. Switzerland, as you know, holds bank accounts and doesn't give details of those bank accounts to anybody. After about two or three years, particularly after the recession, countries in Europe have been saying to Switzerland that they want to know whose money it is that they have so that they can collect tax on it.
In the past three days a final agreement has been reached that Switzerland will collect tax on behalf of the United Kingdom and Germany on capital gains, interest earned and other income that comes into those accounts. They will not give the names of the people whom these accounts belong to. But billions of dollars and euros of additional revenue will be going to the United Kingdom and Germany as a result of this deal.
I now move to an area that we are a little bit sceptical about. We want to enhance supply chain management. Clean administration is also the central principle in our approach to supply chain management and ensuring value for money in government procurement of goods and services.
The National Treasury has been working closely with other departments and agencies to combat fraud and corruption under the leadership of the Interministerial Committee on Anticorruption, chaired by Minister Chabane. This is sometimes called a committee on corruption; so, we have to be careful. This has already yielded several positive outcomes, but more has to be done. Procurement and tender fraud to the value of nearly R25 billion is currently under investigation. Our approach comprises the following five initiatives, which will include legislative and regulatory reforms.
We will be increasing the monitoring capability of government aimed at early detection of fraud. Departments and government agencies will be required to provide specific information to their treasuries on their procurement practices, which will allow for this monitoring to happen. Where necessary, the cash disbursements process of government agencies will be temporarily assumed by treasuries, thereby ensuring that only valid contracts are honoured and that government is charged a fair price. [Applause.
In line with international best practice, transparent public disclosure will be required at each stage of the supply process in all spheres of government, including reasons for making certain decisions. In other words, once a tender process is complete, all tender documents must be on the internet for everybody to see. [Applause.
Government will look holistically at identifying procurement requirements that could be better managed centrally, such as the use of transversal contracts for the acquisition of high value and complex goods and services. This is already happening in the health sector.
In addition, stiff penalties of up to double the contract value are proposed for service providers who obtain government contracts fraudulently. [Applause.] Public officials who assist in tender fraud will also be liable for resultant losses incurred by government. We will recover the money from the officials as well. [Applause.
Measures are required to ensure that officials who have breached the buying rules should not remain under suspension, drawing full benefits while investigations drag on for years. [Applause.] Minister Baloyi is attending to this matter.
Tax compliance measures associated with government procurement will be strengthened. The introduction of a withholding tax on payments made to businesses in respect of government tenders is under consideration. It is also proposed that procedures for the issuing of tax clearance certificates should be revised to provide for direct checking by Sars of tax compliance of winning bidders rather than preclearance of bidders. So, we are going to turn this process around.
Members of the House would have heard through the media about the arrest of prominent business people and senior government officials, including former heads of departments recently. Members will also be pleased to know that the government was awarded preservation orders worth about R200 million, which included a Learjet, a golf course, a holiday home and a hotel. If we finally do get hold of the Learjet we will give it to Minister Sisulu. [Laughter.
This is the result of co-operation and co-ordination of efforts between several investigative agencies. Can we congratulate all of them, ladies and gentlemen. [Applause.] As a result of these efforts, we are beginning to see a change of attitude on the part of service providers. In a recent case, a firm was paid R10 million by a department for work that they had not done, and they voluntarily returned the money to the fiscus. Congratulations to them too. [Applause.
We will now turn the tide on corruption and fraud. We will ensure that tax funds and government monies are spent wisely and managed with integrity. We owe this to our honest citizens and responsible taxpayers.
Allow me to conclude by saying again that the time for action is now! Now is the time to improve the quality of basic education; to improve health and life expectancy; to ensure that all South Africans are protected and feel safe; to expand employment through inclusive economic growth; to invest in a skilled and capable workforce; to accelerate the construction of economic infrastructure; to promote sustainable rural communities and food security for all; to invest in human settlements and improved quality of household life; to build a responsive, accountable, effective and efficient local government system; to protect our environmental assets and natural resources; to build a better and safer Africa and a better world; and to promote a development-oriented Public Service and inclusive citizenship. These are the 12 outcomes we have committed to.
In elaborating on the policies and programmes needed to give effect to these outcomes, we have a special opportunity to forge a broad-based social compact - a shared social and economic vision - aimed at effective partnerships between government, business, labour, communities and civil society in pursuit of common goals. Cabinet has agreed on a growth path that sets a target of creating five million jobs in the next 10 years through efforts that require commitment and co-operation between all spheres of government, business, organised labour and community partners.
put good ideas ahead of the old ideological battles; a sense of common purpose above the same narrow partisanship; and insist that the first question each of us asks isn't, 'What's good for me' but 'What's good for the country my children will inherit?
Allow me to express my appreciation to President Zuma for his sound leadership and advice, and to Deputy President Motlanthe for valued guidance. I am grateful for the support of the Ministers Committee on the Budget and for the hard work that they do, members of the Treasury committee, Cabinet colleagues who have all agreed with everything I said [Laughter.] premiers and provincial finance MECs during a year of considerable financial strain and a budget process that still has some way to go as we begin to work out how we really reprioritise our expenditure in this government.
I want to thank the Auditor-General, Terence Nombembe, and his staff, who bring a professional spotlight to bear on all of our work, and I know that the House will join me in expressing our admiration and thanks to them. [Applause.
I would also like to commend Mr Mufamadi in his absence, Mr Mshiyeni Sogoni [Interjections.] Is he here I was told he was out there somewhere. Furthermore, I would like to thank Mr Charel de Beer and Mr Chaane, who chair the Standing Committees on Finance and Appropriations and the Select Committee on Finance, who have more onerous duties now that new parliamentary budget procedures are being introduced?
The Governor of the South African Reserve Bank, Ms Marcus, has brought an astute leadership in difficult times. Thanks to you, Governor. [Applause.] Mr Magashula and the staff of the SA Revenue Service continue to bring innovation and energy to the collection of taxes on our behalf. Hopefully they will collect R40 billion instead of R30 billion. [Applause.
I would also like to thank Deputy Minister Nene for his tireless support and insight. The director-general, Mr Kganyago, who is wearing a very modest tie today, and the National Treasury team have once again delivered a set of budget statements on time, though not perhaps within an affordable and efficient word count.
I hereby submit the 2010 Medium-Term Budget Policy Statement and I table the Adjustments Appropriation Bill, the Division of Revenue Amendment Bill and the Adjusted Estimates of National Expenditure for consideration by Parliament. Thank you very much. [Applause.
Medium-Term Budget Policy Statement referred to the Standing Committee on Finance and the Standing Committee on Appropriations for consideration in accordance with their respective mandates.
Revised Fiscal Framework referred to the Standing Committee on Finance for consideration and report.
The House adjourned at 15:15.
Division of Revenue Amendment Bill, 2010, submitted by the Minister of Finance. Referred to the Standing Committee on Appropriations and the Select Committee on Appropriations.
Adjustments Appropriation Bill [B 34 - 2010] (National Assembly - proposed sec 77).
Division of Revenue Amendment Bill [B 35 - 2010] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33652 of 14 October 2010.
Basic Education Laws Amendment Bill [B 26 - 2010] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33666 of 22 October 2010.
Introduction and referral to the Portfolio Committee on Basic Education of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
JTM within three parliamentary working days.
Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill [B 37 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33580 of 23 September 2010.
Bill initiated by the Portfolio Committee on Justice and Constitutional Development of the National Assembly, and referred to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
informing the National Assembly about the expiry of the term of office of the chairperson of the Public Service Commission (PSC), Dr Ralph Mgijima, on 31 January 2011; and requesting the National Assembly to fill the vacancy that will arise in terms of section 196(8)(a) of the Constitution of the Republic of South Africa, 1996.
Referred to the Portfolio Committee on Public Service and Administration for consideration and report.
Medium Term Budget Policy Statement 2010 [RP 233-2010].
Proclamation No R55 published in Government Gazette No 33596, dated 1 October 2010: Fixing 4 October 2010 as the date of commencement of section 28 and section 51 in terms of section 82 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Proclamation No 56 published in Government Gazette No 33598, dated 1 October 2010: The reappointment of members of the Tax Courts for a further period of five years in accordance with section 83(3) of the Income Tax Act, 1962 (Act No 58 of 1962).
Government Notice No R867 published in Government Gazette No 33596, dated 1 October 2010: Amendment of Money-Laundering and Terrorist-Financing Control Regulations in terms of section 77 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No R869 published in Government Gazette No 33596, dated 1 October 2010: Exemptions granted in terms of section 74 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).
Government Notice No R846 published in Government Gazette No 33585, dated 1 October 2010: Amendment of Part 1 of Schedule No 1 (No 1/1/416) in terms section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No R847 published in Government Gazette No 33585, dated 1 October 2010: Amendment of Schedule No 3 (No 3/664) in terms section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Government Notice No 866 published in Government Gazette No 33597, dated 1 October 2010: Determination of interest rate for purposes of paragraph (a) of the definition of "official rate of interest" in paragraph 1 of the Seventh Schedule to the Income Tax Act, 1962 (Act No 58 of 1962).
Government Notice No R871 published in Government Gazette No 33601, dated 8 October 2010: Amendment of Schedule No 3 (No 3/665) in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
Report and Financial Statements of the Breede-Overberg Catchment Management Agency for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10 [RP221-2010].
Report and Financial Statements of the Inkomati Catchment Management Agency for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10 [RP162-2010].
Discharged: Farisani, Rev.
Adjustments Appropriation Bill 2010 [B 34 - 2010].
Vote No 37 - "Water Affairs" - Adjustments Estimates, 2010-2011.
Report and Financial Statements of the Judicial Inspectorate for Correctional Services for 2009-2010 [RP 260-2010].
The Portfolio Committee on Justice and Constitutional Development resolved to initiate a Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill.
The National Assembly noted that the Portfolio Committee on Justice and Constitutional Development was proposing to introduce a Bill that would extend the date of application of section 1(3) of the Repeal of the Black Administration Act and Amendment of Certain Laws Act, No 28 of 2005, to 30 December 2012. The extension was for the purposes of obtaining greater public input and consensus on contentious issues contained in the Traditional Courts Bill [B15-2008] and allowing traditional courts to continue functioning legally.
The National Assembly instructed the Portfolio Committee on Justice and Constitutional Development to publish the full particulars of its legislative proposal in the Announcements, Tablings and Committee Reports. The House furthermore granted the Committee permission to proceed with the proposed legislation.
Prior notice of introduction of the Bill was given in the Government Gazette, No 33580, dated 23 September 2010, and an explanatory summary of the draft Bill was published in the same Gazette. The Gazette also contained an invitation to interested persons and institutions to submit written representations before 26 October 2010. The Committee received one written submission from the Law, Race and Gender Unit: University of Cape Town. The submission welcomes the extension of the deadline in that it "will allow more time for Parliament to consult more broadly and effectively so as to appropriately address the matter of regulating traditional courts".
The Committee, in accordance with Rule 243, reports that it has introduced the Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill [B37-2010] (National Assembly- sec 75) by submitting a copy thereof to the Speaker.
Report of the Portfolio Committee on Mining on the Geosciences Amendment Bill [B 12 - 2010], dated 08 September 2010.
The Geosciences Amendment Bill, 2010 ("the Bill"), tabled in Parliament on 14 June 2010 and referred to the Portfolio Committee on Mining for consideration and reporting, seeks to amend the Geosciences Act, 1993. The Bill was approved by Cabinet on 02 December 2009 for public consultation and for introduction in Parliament. The Bill effects certain amendments of a technical nature to the principal Act.
to undertake reconnaissance operations, prospecting research and other related activities in the mineral sector; and to add to the functions of the Council.
The Bill seeks to put mechanisms in place to address problems which are associated with infrastructure and development on dolomitic land in the Republic. It empowers the Council to be the custodian of all geotechnical data, for the purpose of compiling a complete geotechnical risk profile of the country. It further enables the Council to become the custodian of technical information relating to reconnaissance operations and mining.
Subsequent to the briefing by the Department of Mineral Resources, the Committee invited selected organizations to make written and/or oral submissions and testimonies.
The Construction Industry Development Board.
The public hearings process was followed by consideration of the submissions received and clause by clause deliberations on the Bill.
This report therefore outlines an overview of key issues arising from the oral submissions received by the Committee and further provides an account of the Committee's deliberations on the Bill.
The South African Institute of Engineering Geologists (SAIEG) is a voluntary organisation representing the profession of engineering and environmental geology. Members are required to be registered natural scientists as prescribed in The Natural Scientific Profession Act (Act 27 of 2003). The SAIEG represents a profession of approximately 200 engineering and environmental geologists. Engineering Geologists investigate and provide geologic and geotechnical recommendations, analysis, and design associated with human development since primarily called geological geoscientists.
According to the SAIEG, the Council for Geosciences has over the years performed and continues to perform a vital support role to this industry in the provision of primary information in the form of map information, data archives and data products that are indispensible for performing our role to the above mentioned economic sectors.
Geohazards definition - definition added was acknowledged.
Objects of Bill in the preamble: The Council for Geosciences is defined as being a "mandatory advisory authority". On the Objects of the Council in section 2(c), the Council is referred to as a "national advisory authority", apparently not "mandatory" in this instance. The definition of the Council as "mandatory" might clash with the role of others as advisors in certain instances, leading to conflict, particularly when the Council did not have high-level expertise in certain specialised fields.
Section 1(f)(c): The NHBRC noted that landslides and slope failure might be described as geohazards. Although geological investigations for input into the slope stability analyses were carried out by suitably trained and experienced geoscientists, the design of remedial measures and the analytical responsibilities pertaining to slope stability fell directly under the responsibility of professionally registered geotechnical engineers. A potential conflict between the investigation and design professions was highly likely if Geosciences professionals became regulators in this field of expertise.
Section 3: Given that the Council for Geosciences wished to be mandated a more direct role in the management and control of geohazards, it would seem pragmatic that the board also had representation from the geotechnical industry. For the board to exercise its responsibilities in the control over the performance of this core function of the Council as is required in section 4 of the Bill, a representative from the geotechnical fraternity would be surely required to guide the relevance of the geotechnical responsibilities of the Council and align them with the geotechnical industry in the country.
Section 4(c): While applauding the creation of a national databank of geotechnical information, the SAIEG remained concerned that breaches in confidentiality might occur. In most databanks the owners of information were allowed to define the extent to which information was made available. As an example, it might be made known that a geotechnical investigation had been carried out over an area but the owner of the data might not wish to release the results for which he had paid, often large sums, into the public domain. The confidentiality of information and possible conflict with the copyright act needed to be addressed.
Section 4(eA) - Review and evaluate all geotechnical reports in respect of geohazards that may affect infrastructure and development at prescribed tariffs: The scope of engineering geological and geotechnical investigations meant that volume of reports was produced annually dealing with engineering geological investigations, not to mention geotechnical engineering investigations for infrastructure and development. Geotechnical engineering reports were further subject to the control of Engineering Council of South Africa (ECSA) Codes of Practice and were engineering in nature and not geoscientific and could not be adequately evaluated by geoscientists alone. The SAIEG operated closely with the Council for Geosciences in many areas and thus had a fair understanding of the level of expertise and staffing levels within the Council. The organization was of the view that the Council in its current state would not be able to effectively carry out the mandate as envisaged in the Bill. The volume of work entailed in review and evaluating of all these reports could delay approval of development by months if not eventually years and could therefore cause development and growth to grind to a halt. The effective evaluation of related geotechnical engineering reports with complex engineering design inputs could, in the majority of cases, not be carried out by the majority of the Council staff or in most cases by any person with only a geological background.
Section 4(g) - Conduct investigation and render specialised services to public and private institutions: The SAIEG regarded this as unfair competition. It was apparent from the wording of this clause that the Council for Geosciences would be mandated to carry out geotechnical investigations that could place it in competition with an established industry. The result would be unfair competition by a state institution against the private sector using state subsidised resources. The SAIEG believed that the resources of the Council would be better used in research, rendering of specialised services not available from the geotechnical sector, and co-operating in the education of all who operated in or were dependant on the geotechnical professions and that this mandate would detract the Council from its vital responsibilities in this regard. Furthermore, under the current wording of the Bill, the Council would be entitled to use data taken from professionals operating in the private sector at no charge and use it to compete with the same professionals. A further concern was that, there was a conflict of interest in that the Council for Geosciences was able to operate as providers of services in areas which they themselves regulate, making them both 'player' and 'referee'. The SAIEG found this totally unacceptable in any context.
The Geological Society of South Africa (GSSA) is a "not-for-profit" voluntary association which is a learned and professional society existing for the benefit of its members and for the earth science professions.
to represent earth scientists in South Africa and elsewhere, to promote co-operation and synergy between related structures and societies including, but not limited to Africa; and to function for the benefit of its members and for the public good.
The GSSA agreed that for the object of the Bill to be achieved, there would have to be an expansion of skills and resources in the Council for Geosciences which would necessitate an increased budget. The GSSA noted that there was an increased budget in the proposed amendment, however, it felt that it must reiterate that this must be an ongoing commitment, especially in view of the current financial difficulties that the Council was facing. In addition, the GSSA noted that there was no detail in how the increased budget had been calculated nor what the increased expenses will be targeting.
The GSSA pointed out that the technical and ethical competence of individuals within the geoscientific profession was covered by the GSSA, South African Council of Natural and Scientific Professions and the South African Mining Codes (SAMCODES). The Department's response appeared to be concerned with the use of the Council as a watchdog regarding exploration hence their term "project expenditure".
The GSSA expressed its concern regarding the capacity of the Council to be responsible for the petroleum sector. The GSSA agreed with the Department's response to the effect that the Bill would be amended to remove reference to the petroleum sector.
The GSSA expressed its concern that the amendment to the Bill excluded the GSSA from specifically nominating a representative of professional and academic expertise. The Department's response was that, the Bill made provision for the Minister to appoint such an individual and the GSSA still had grave concerns with this amendment. The GSSA also pointed out that the organization represented the majority of geoscientists in South Africa, particularly those with significant professional and academic expertise and therefore felt that it was in a better and more informed position than the Minister or the Department. Further to this point, the GSSA noted that the present incumbent that the organization nominated had attended all the Council Management Board meetings in the past year while the Department representative had not attended a single one.
The GSSA expressed its concern regarding the use of what they called a rather ill-defined term "exploration and prospecting research" within the bill and was still unclear on what this meant. The Department's response showed a misunderstanding. The organization proposed that the words "geotechnical research" be used.
The GSSA agreed with the Department's response in that the amended bill does not allow the Council to undertake any mining development or activity.
According to the National Union of Mine Workers (NUM), the South African mining sector continued to experience unique challenges related to health and safety and these required appropriate legislative measures that would assist to deter the situation. The National Union of Mine Workers provided that it continued to engage other stakeholders on the best acceptable practice that would help to alleviate the problems associated with health and safety in the mining sector. In May 2009, in its National Congress, the union resolved the following: "Through the Mine Health and Safety Council force the mining industry to develop more advanced geophones technology capacity for earlier signs of possible seismic events".
The NUM appealed that the Bill should ensure that the Council for Geosciences was well equipped and in a position to contribute to safety in mines.
The Council for Geosciences should be in a position to work with related stakeholders such as Mintek to develop technologies that could detect and give early signals of seismic events as this would save many lives.
The Bill should ensure that the Council has a role in ensuring safety in the mines by mandating the mining industry to develop systems that would assist to detect seismic activity in the mines.
The Council should be constituted in a manner that would complement the State-Owned Mining Company as this would strengthen the role of the State in exploration for purposes of mining which would not necessarily be conducted by the Council.
The Council should improve its relations with the Mine Health and Safety Council and Mintek and establish a working relationship with the yet to be established State-owned mining company in order to develop technologies that would detect seismic events in the mining sector.
The NUM emphasized that adequate funding was central for the effective functioning of the Council for Geosciences and recommended that the Bill should make proper and adequate provision for the funding of the Council. The NUM further recommended that there was a need for an improved coordination between the Council for Geosciences, the Mine Health and Safety Council, Mintek and the State-owned mining company. This would ensure safety in mines, strengthen government's function to explore minerals and ensure information on technology development as safety in mines was an important aspect and should be central to the agenda of the Council for Geosciences.
The National Housing Builders Registration Council (NHBRC) was established in terms of the Housing Consumers Protection Measures Act (Act No. 95 of 1998 - as amended). The NHBRC was primarily established to protect the interests of housing consumers and to regulate the home building industry. The NHBRC has delivered valuable services to the South African home building industry since 01 December 1999, commencing with the statutory requirement for registration of all home builders, as well as compulsory enrolling all residential housing units to be constructed. This by implication ties registered home builders to a strict code of conduct firstly, and secondly compliance with prescribed technical structural requirements that have to be met to ensure structural integrity of the residential unit.
Right from the onset, and before the establishment of the legislation that entrenched NHBRC as a statutory body, the expertise residing in the Council for Geosciences was recognized. Also the independence of the Council for Geosciences, and its ability to serve the needs of the built environment, and specifically the homebuilding industry objectively, was considered paramount to the NHBRC in delivering on its mandate. The following actions were documented in the NHBRC Home Building Manuals, and which by Section 12 of the Housing Consumer Protection measures Act prescribed the technical requirements to be met by both engineers and home builders.
"The Home Builder shall appoint a Competent Person to investigate any proposed townships or existing township areas which are underlain by dolomites/limestones. The Competent Person shall prepare a clearly motivated report in which the township stability is zoned in terms of Part 1, Section 2, Table 8 in accordance with prevailing professional practice. The report must detail any precautionary measures which are required to reduce the risk of sinkhole formation / subsidence and any restrictions on land usage, layout, erf sizes, density, services, etc. The report shall be submitted to the Council for Geosciences for their confirmation that the investigations conducted on the stability of dolomites/limestones and referred to in the report are, in their opinion, consistent with sound professional practice and that the investigations meet all legal requirements pertaining to such stability investigations."
Section 2 of the Memorandum on the Objects of Bill: The NHBRC supported the reference to the Council for Geosciences as a mandatory national advisory authority. However, in the Amendment Bill, the wording is not repeated, and it might therefore not be seen as a mandatory requirement, to have development proposals in areas identified with geohazards submitted to the Council for Geosciences for review and comments. This would negate the provisions captured specifically within the NHBRC technical requirements to ensure safe and durable tenure solutions especially in the subsidy sector. Also, it was noted that the previous (Geosciences Act) notation referring to only "infrastructural development" was used in both the "Objects of Bill," section 2 and "Summary of Bill", section 3. This reference was changed and reflected correctly in the Amendment Bill to read "Infrastructure and development", but it should be ensured that this was correctly reflected throughout the Bill.
Section 2(c) - Objects of the Council: The Council is referred to as a "national advisory authority". NHBRC believe that the word "mandatory" should be included as per above. This would ensure that all developments in areas identified as complying with the geohazard definition will be submitted for review and comments.
Section 3(b) - Management Board: No provision was made for any representation from the Department of Human Settlements, or the NHBRC. The organization therefore believed that this might be an oversight, and that provision should be made for at least representation from NHBRC who by virtue of its mandate was operating as a regulating authority in residential development, and more specifically subsidy housing delivery nationally.
Section 4(5)(1)(eA) - Functions of Council: NHBRC applauded the intention of the Council to review all geotechnical reports in respect of geohazards nationally. The organization also needed to caution the fact that this provision would demand extensive capacity to be created by Council for Geosciences. In the absence of capacity, this provision might create an untenable bottleneck and delay for all infrastructure and development projects nationally.
Section 4(5)(1)(g) - Functions of the Council: NHBRC saw this provision as problematic, especially where the Council may be called upon to do investigations, and then to review and provide comments on same. This would create a "judge and jury" scenario, and would not be accepted in the built environment. Also, this would expose the Council for Geosciences to possible charges of negligence and therefore appropriate insurance would need to be put in place. Council for Geosciences would also effectively compete with other professionals. The NHRBC proposed that the Council for Geosciences concentrate on pre-feasibly investigations for strategic planning, and mapping of same, rather than involving themselves in detailed Phase 1 and 2 investigations, and which had the potential of causing an industry outcry.
Section 4 (5)(2)(f) - Functions of the Council: The word "mandatory" should be added to enforce the Council for Geosciences' function as a national mandatory advisory authority.
Section 5(b)(3) - Functions of the Council: All geotechnical reports, cannot be reviewed and be commented on by the Council for Geosciences (refer Section 4 (5)(1)(eA) - Functions of Council above). A similar description and only demanding review and comments on areas to be developed in identified geohazard conditions should be applicable.
The NHBRC supported the Bill with the proposed amendments.
The inputs by the Construction Industry Development Board (CIDB) were based on its mandate and function. Public and private sector clients, natural scientists and engineers in the built environment, developers other stakeholders in the building, civil, commercial and industrial property sector, researchers, students and academics in the soil and Geosciences field, were presumed to be directly involved with the work of the Council for Geosciences. Although the work of the Council for Geosciences was critical for the building and construction industries, it was not possible for the CIDB to have a direct involvement in the work of the Council.
The intention of the CIDB's submission was to support stakeholders that played a direct role in using geotechnical information/Geosciences in infrastructure development. The CIDB wished to first and foremost support the intention of the Bill. The organization also wished to endorse specifically the submission of the SAIEG and, to some extent, that of the NHBRC. Where the two organizations disagree, the CIDB would support the SAIEG.
Capacity issues: The Bill was ambitious in its mandate in that the Council for Geosciences was expected to do a lot of work, which might be impractical.
In the Objects of Bill, the Council for Geosciences is defined as being a "mandatory advisory authority", but later on in the Bill, the Council is described in section 3(c) as a "national advisory authority". It might serve the affected industries better if the definition was "national advisory authority" rather than "mandatory advisory authority".
The mandate to operate as service providers while also regulating these areas was seen to create a conflict of interest. It was always good to separate these areas to avoid this obvious conflict of interest. Other service providers would not take kindly to this and might actually see the Bill in its totality as being unfair.
The definition of geohazard might need further expansion and refinement, especially as it began to differentiate between specific areas like landslides and slope failures on the one hand and remedial measures on the other versus the professionals that dealt with these issues. Also, with reference to "Review and evaluate all geotechnical reports in respect of geohazards, that might affect infrastructure and development at prescribed tariffs", might create both the capacity challenges based on definition provided and a challenge with the professionals evaluating "all" geotechnical reports.
Having considered the Geoscience Amendment Bill [B 12 - 2010], the Portfolio Committee on Mining welcomed the amendment of the Geoscience Act, 1993. However, having looked at the submissions received, the Committee felt it necessary to propose some amendments after taking into account issues raised by the organizations.
The Portfolio Committee on Mining having considered the Geosciences Amendment Bill [B 12 - 2010] (National Assembly - Section 75) reports the Bill with amendments [B 12A - 2010].
<fn>GOV-ZA.3520051En.2012-02-10.en.txt</fn>
The SPEAKER: Hon members, I wish to recognise the presence in the gallery of a delegation from Japan consisting of Ms T Matsumoto, MP, the Chairperson of the Rules and Administration committee and the delegation of the National Diet of Japan. The delegation is accompanied by His Excellency Mr T Ozawa, Ambassador of Japan to the Republic of South Africa. [Applause.] Your Excellencies, we extend a warm welcome to you.
That the House debates South Africa's negotiating position on climate change in preparation for the Conference of the Parties in Cancun, Mexico in December 2010.
debates the killing of wildlife by poachers both in government protected areas and on private land; and comes up with solutions as to how to significantly reduce this poaching.
Dat die Huis 'n debat voer oor Eskom se vermoë om 'n spesiale lae elektrisiteitstarief vir boere te beding tot voordeel van volhoubare landbouproduksie in Suid-Afrika.
That the House debates Eskom's capacity to negotiate a reduced electricity tariff for agriculture, specifically to the benefit of sustainable agricultural production in South Africa.
debates the arrival of the first Indian indentured labourers to South Africa 150 years ago on 16 November 1860; and acknowledges their contribution to the country and the role government would play in marking this milestone.
That the House debates the measures that were undertaken to support and grow effective small business entrepreneurship as a means to address unemployment.
That the House debates the reasons for the suspension of certain rail services throughout the country and what solutions can be identified to solve this.
That the House debates reversing the legacy of apartheid spatial planning through enhanced integrated transport and human settlement systems.
That the House debates how to gear Adult Basic Education and Training so as to ensure that it responds better to the skills demand.
That the House debates mechanisms to prevent police killings.
That the House debates about finding ways to stabilise food prices in order to protect food security and combat hunger.
notes that Mr De Jager battled the flames in order to save the young children using only a handheld fire-extinguisher and a garden hosepipe; and praises Mr De Jager for his selfless, heroic conduct and his sense of value of human life.
expresses its gratitude to all members of the public for the selfless and essential contribution they have made to these institutions and to their country.
congratulates Legal Aid for availing legal services to poor communities as this initiative will hasten the process of the realisation of equality before the law.
calls on the government of Tanzania to be harsher on people guilty of this practice so that the punishment they receive should act as a deterrent to others who are engaged in this barbaric act.
Mr M J ELLIS: Mr Speaker, we have a problem. We did indicate to the ANC that we were unhappy with the motion because we believe that it needs to be broadened to the extent that it includes all body parts, not just those of albinos, but of people in general. This is very limiting in structure, and we would prefer to see that the whole motion is put again at a later stage, indicating clearly the point that we have raised. We have put this to the ANC already.
The SPEAKER: Hon member, apparently there was a discussion on it.
The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, we are not aware of that objection, but we are prepared to take a fresh look at that.
Ms N P KHUNOU (ANC): Speaker, the DA-led City Of Cape Town's proposed bylaws restricting certain cultural practices in the city's cemeteries should be condemned in the strongest terms.
If enacted, the bylaws will, amongst other things, result in family members of a deceased person being barred from attending the burial of their loved ones, as only a small number of people will be allowed to enter the cemetery at any given time.
Furthermore, only vehicles which meet the ridiculous standards set by the city will be allowed to transport corpses. This is not only a violation of people's rights to exercise their cultural beliefs; it deprives them of their right to bury their loved ones with dignity. One does not have to be a legal expert to realise that these racist bylaws are aimed at nothing more than punishing those groups residing in the city who have persistently rejected the politics of the DA.
The bylaws, which were clearly inspired by apartheid's segregation laws, where only the interest and traditions of a particular racial group were elevated, whilst those of other groups were brutally suppressed, should not be allowed to see the light of day in any part of the country, including in those few areas controlled by the DA. The ANC, as it has done with other similar racist laws in the past, will use every available platform to challenge the DA's racist laws.
Furthermore, we call upon residents of the City of Cape Town to stand up and defend their hard-won freedom. [Interjections.
Ms N P KHUNOU: They should refuse to be used as guinea pigs in the DA's experimentation with racist ideas. [Applause.
The LEADER OF THE OPPOSITION: Speaker, the DA wishes to thank all those workers, especially those performing essential services, who have, despite their grievances and the intimidation by other workers, stayed at their posts during the current strike. The DA calls on those departments under whom essential workers fall to take appropriate action against those who have not only contravened the law by continuing to strike, but who have also placed the lives and welfare of South Africans at risk as a result.
The right to strike is one of the most essential rights in our labour legislation and is fully supported by the DA. Equally important is the right of those people who wish to work to do so if they so choose without fear of intimidation from unions or their members.
The current strike chaos points to a dual failure by the ANC government, firstly in its mismanagement of Public Sector labour relations, and secondly in its poor contingency planning for a strike that has been looming for a considerable period of time. It is essential that this administration proactively seeks solutions to the problems caused by the strike and ensures that the necessary actions are taken against those who have continued to strike illegally, intimidating other workers and/or damaging state property. Thank you. [Applause.
Mr M S SHILOWA (Cope): Speaker, the revelation by Cosatu General Secretary Zwelinzima Vavi that the Houghton home of former President Nelson Mandela was bugged comes as devastating news. The fact that this was done by whomsoever, in spite of Mr Mandela receiving VIP protection, indicates the brashness and brazenness within certain structures of the state.
For us as ordinary South Africans, the question arises: if former President Mandela's house can be bugged, who else is also being illegally bugged and how extensively and routinely is this being done That this is unconstitutional and an unwarranted encroachment on the privacy of individuals must set the alarm bells ringing. What other revelations are in store for us on this intrusion into privacy?
Under the envisaged Protection of Information Bill, such information would be classified and the shenanigans of state agencies would be concealed from public view. Our constitutional rights would therefore be rendered meaningless. It is obvious that any state that uses illegal measures to perpetrate a crime would classify the information as being sensitive or state information, and therefore the routine violation of the Constitution will go unchallenged.
While the government is arguing that it wants to protect state information in a way that should not infringe unduly on personal rights and liberties, everyone knows that in its operation the very opposite may prevail. Trying to get access to information under the Promotion of Access to Information Act is hard enough; with the new measures even greater secrecy will prevail.
We call on the government to come clean on this matter and take the country into its confidence as to why Madiba's residence was bugged, who actually bugged it, who gave permission and for what end. Thank you. [Applause.
Ms S T NDABENI (ANC): The ANC congratulates Mmamoloko Kubayi, a Member of Parliament, on being elected as a deputy secretary of the ANC Youth League at the Gauteng Provincial Conference which was held over the past weekend of 15 August. [Applause.
This is a show of confidence, trust and commitment to the cause of the struggle, led by the ANC, which has led the people of Gauteng to elect this comrade to serve on the ANC Youth League's provincial structures. As the ANC, we believe that with her experience of service to the struggle for the attainment of a nonracial, nonsexist, democratic and prosperous society, this comrade will discharge her responsibilities to her newly elected position with humility, courage and dedication. [Applause.
Ms S P LEBENYA-NTANZI (IFP): Speaker, the IFP supports the right of workers to strike as it is an essential part of any democracy. In fact, it was us in the IFP who organised and established the first veritable black union to protect workers' rights during apartheid. [Interjections.
We did it simply because we have always empathised with the plight of our workers and their families. We all know that there are good teachers living on paltry salaries. We know there are dedicated nurses with families, struggling to make ends meet while caring for our families every day. Every man and woman of conscience must draw a line where they will stop to have their own needs met. It seems that for many in this particular strike, there is no such line, or it extends far beyond the bounds of what is rational, moral and humane.
The IFP is extremely concerned about this strike and the long-term effects it will have on the future of our children. Across our country, as I stand here, many pupils have not been to school in weeks. Our school children are particularly vulnerable at this time for two reasons: firstly, the upcoming matric examinations are around the corner and, secondly, with the unusual long holiday of five weeks to accommodate the World Cup, virtually all teaching has come to a standstill.
This spelt disaster for all upcoming school examinations. Therefore, the IFP urgently calls on government to declare teaching an essential service without any further delay. As South Africans, we want to hold this government and the President accountable for his commitment to making education one of the central priorities of this government. I thank you. [Applause.
Mr J M MATSHOBA (ANC): The ANC-led government is committed to accelerate the delivery of housing within the context of sustainable human settlements, to provide housing within human settlements, to provide quality housing that will turn houses into assets, to create a single, efficient, formal housing market, and to abolish apartheid spatial planning, thereby restructuring and integrating human settlements.
Therefore, we welcome the Department of Human Settlements' crackdown on dodgy housing contractors. The department has drawn up a shortlist of 20 problematic housing projects, with a total value of R2 billion, which are currently under investigation. The probes are being conducted by the National Audit Task Team, appointed by Human Settlements Minister Tokyo Sexwale in November 2009, and headed by the Special Investigating Unit, SIU. The SIU's mandate to investigate corruption in the housing delivery process was recently extended by President Jacob Zuma, enabling Minister Sexwale's task team to continue with its work.
The SIU visited all nine provinces to get an understanding of processes and to obtain a high-level overview of all projects on the Department of Human Settlements' database. Initially, the top ten dodgy contractors in each province were identified. Further investigation narrowed these down to a national list of 20, with a total value of R2 billion.
The SIU has been asked to investigate a number of complaints which have been raised about the National Home Builders' Registration Council, which provides a quality-control function to housing contractors. We urge all departments to follow suit and root out corruption. [Applause.
Mr N T GODI (APC): Mr Speaker, the APC has been receiving a stream of complaints from workers employed in game lodges, particularly those bordering the Kruger National Park in Mpumalanga. Game lodges are an important part of the hospitality industry which serves an increasing number of people, both South African and tourists. The APC is concerned that employment conditions and practices pertaining to the African workers are far from ideal. Workers complain of pre-1994 attitudes and treatment by the employers, blatant discrimination, paternalistic attitudes, low wages, unpaid overtime, unfair dismissal and racist promotion practices.
The APC would like to call on the Department of Labour to send inspectors to these lodges to ascertain their levels of compliance with relevant legislation. The APC condemns all racist practices and calls on the hospitality industry, especially game lodges, to desist from treating their employees like serfs. The APC has every intention of helping to expose those game lodges that ill-treat our people. We intend to help mobilise these workers so that they can realise the full benefits and protection of our country's laws. The APC believes there should be no let-up in the fight against exploitation and starvation wages. I thank you.
Mrs C N Z ZIKALALA (IFP): Speaker, whilst the IFP welcomes the recent statement by the Deputy Minister of Justice and Constitutional Development, Mr Andries Nel, that South Africa will soon introduce legislation to fight human trafficking, the IFP believes that soon is not soon enough. We have heard countless harrowing stories of women and children who are brought to South Africa, then sold and transported across the country just to be treated like slaves and forced into prostitution. The few women who are lucky to have escaped have told horrific stories about being locked in their rooms, beaten and, in some instances, having had their identity documents taken from them.
Furthermore, they were forced to take drugs, all their earnings were taken from them, and they were given little to eat other than rice. It is clear that within our borders, human trafficking has become a thriving business for some of the most ruthless criminals who abuse women and deny them their basic human rights.
During this Women's Month, let us recommit ourselves as Members of Parliament to women's rights and to ending the suffering of abused women and children. The IFP believes that the legislation before the parliamentary portfolio committee that deals specifically with this issue must be expedited. Our women and children depend on us for their protection. I thank you.
Mrs T M A GASEBONWE (ANC): Speaker, the ANC welcomes the announcement by the Department of Home Affairs that they are working on rolling out an online identity document verification system that is expected to cut down on identity document, ID, fraud in the country. The project will give the South African Social Security Agency, banks, insurers, and retailers, among others, real-time access to the Home Affairs National Identification System, Hanis, in order to verify the identities of current and prospective clients.
Hanis stores South African citizens' ID numbers, fingerprints and photos. Accessing Hanis will enable these sectors to conduct on-the-spot verification of the fingerprints of clients against the information stored in Hanis. This new system will be up and running before the end of 2010 and will make it difficult for people who are in possession of fraudulent IDs to use them. The department signed a memorandum of understanding with the SA Banking Risk Information Centre in March. This comes in light of escalating ID fraud.
The ANC-led government is committed to streamlining the administration of Home Affairs to ensure that our people can safely use their IDs to access social services. Thank you.
Mr M WATERS (DA): Speaker, two and half years after my initial request and after an application in terms of the Promotion of Access to Information Act, I have finally received a report from the Public Service Commission about an investigation into the chief executive officer of the East London Hospital Complex, Mr Mosana.
All the most relevant parts of the report had been blacked out. This is a tactic reminiscent of the apartheid era. The censored sections of those most relevant to the DA's complaint relates to the actual qualifications of Mr Mosana as well as the other 11 shortlisted candidates. The apartheid-style censorship makes it impossible for the public to compare the qualifications of the candidates to that of the job advertised.
The chief executive officer's position requires, amongst other things, a recognised postgraduate qualification in financial management or in the economics field. To our knowledge, Mr Mosana, at the time of his appointment, was in possession of a Master's degree in Politics and only had experience as an ANC councillor in the Buffalo City Council, hardly fit for the purpose.
South Africa is currently in the grip of a sustained assault on the constitutional principles of freedom of expression and transparency, most notably in the form of the Protection of Information Bill. This saga demonstrates that both these principles had been under threat for some time preceding the Bill's formation.
All this Bill has done is to give a formal shape to the ANC's long-standing aversion of oversight and accountability. I thank you.
Mr D A KGANARE (Cope): Speaker, the Public Service strike has now dragged on for seven days. Poor people in need of urgent and critical care are in distress. Government and the unions involved ought to have negotiated an agreement on the minimum service levels upfront. That they did not do so reflects the failure of leadership from both within government and the unions.
While Cope reiterates the absolute right of workers to withhold their labour peacefully, we unequivocally condemn all incidences of violence, thuggery and destruction of property. This is totally unwarranted and is a transgression of the law.
During the struggle for freedom, there were many strikes and stay-aways. During this time, it was always made clear that nurses and doctors would not be interfered with. What is happening now is completely unacceptable. The longer the present strike continues, the more it will degenerate into violence. Therefore, it is imperative for the government and the unions to speedily resolve the impasse.
It is also a matter of fundamental importance that government negotiate with the unions in utmost good faith. The accusation that government is misleading the public is startling to say the least. The Public Service Association is arguing that employees who qualify for progression increments are entitled to receive it, regardless of any increase across the board. They do not see this as an addition to the pay offer.
Cope lays the full blame of the present strike at the door of President Zuma, Minister Baloyi and Mr Vavi. During the 2007 public sector strike, they suggested that the fiscus had adequate funds to meet increases and that they do not understand why government was not paying the increases demanded by workers. Now workers are expecting delivery on these promises. They sowed the wind and now they are reaping the whirlwind. Unfortunately, the arrogant and unfortunate statements made by Minister Baloyi are not contributing to the resolution of the problem. As we wait for leaders to lead, we are deeply indebted to the volunteers [Time expired.
Nksk B N DLULANE (ANC): Somlomo, singumbutho we-ANC sivakalisa uvelwano sikwakhwankqisiwe zizihelegu zokubulawa koomama ngale nyanga yethu singamanina. Kwiveki ephelileyo umakoti ophantsi koMasipala waseNyandeni, kummandla we-O R Tambo, udlwengulwe waxatyelwa ngesinkempe ebeyokutheza ngaso, kwaye uyangcwatywa kulo Mgqibelo.
Akubanga ntsuku zingaphi, umakhulu oneminyaka engama-85 uxatyelwe wabulawa ngesinkempe kunye nabazulukwana bakhe abane, abaneminyaka eli-17, 10, 9 kunye noneminyaka emi-5, ngokulandelelana kwabo. Singoomama asinakho ukunyamezela ukuthi gqolo kwezihange zibulala ngonyhamnyeko oomama nabantwana. Sithi huntshu kwabakwantsasana ngokunqakula le migegemba etyholwa ngezi zenzo zaseNgqeleni. Mabenze kanjalo naphaya kumakoti waseLibode eNyandeni; bazingelwe de babanjwe. Abantu mabasebenzisane nomthetho.
Kwizizalwane sithi: "Masilaleni ngenxeba". [Kwaqhwatywa.] (Translation of isiXhosa member's statement follows.
Mrs B N DLULANE (ANC): Chairperson, as the ANC we are shocked by such cruel conduct as the killing of women during the month we are celebrating women. Last week, a newly-wed woman in Nyandeni Municipality, under the O R Tambo District Municipality, was raped and brutally murdered with her axe which she was going to use to chop wood; she will be buried this Saturday.
A few days after that incident, an 85-year-old woman and her four grandchildren, aged 17, 10, 9 and 5 were murdered with an axe. As women we cannot tolerate the inhumane slaughtering of women and children by criminals. We congratulate the policemen for their work that led to the arrest of those criminals who are also suspects in the Ngqeleni murder case. They must do likewise even to those who murdered the Nyandeni newly-wed woman; they must be hunted until they are arrested. People must co-operate with the law.
We express our sincere condolences to the relatives. [Applause.
Ms D KOHLER-BARNARD (DA): Speaker, on Thursday 10 December 2009, the Minister of Police released a media statement informing people that the moratorium on the recruitment of reservists had been lifted. He responded to a DA parliamentary question, saying that the lifting of this moratorium would allow people who wished to volunteer their services to assist the police in the fight against crime to do so, as long as they met certain criteria laid down by the department.
However, it seems as if the Minister's decision has been overruled by his very own Secretariat.
Irish-Qhobosheane and Brigadier Kennedy They decided that, despite the answer given in Parliament and the subsequent media statement by the Minister, a decision has been taken by visible policing and personnel that recruiting and even reinstatement of ex-members will remain on hold?
So, Minister, who do we believe Should we believe your answer to a parliamentary question and your media statement or the Secretariat who decided that there will be no lifting of the moratorium until such time as determined by the head of that body Which is this House to believe Are they supposed to believe that you have answered the question in that manner while well aware of the fact that the moratorium had not been lifted at all, or that you were unaware that these entities felt that they had the right to overrule your decision?
The DA would like this matter to be cleared up once and for all. Do you or do you not stand by your statement of 10 December that the moratorium has been lifted If you do, why does the Secretariat feel it has the right to reverse your decision If not, could you explain to this House why it is that your answer had been reversed without your knowledge [Applause.?
Ms M L DUNJWA (ANC): The Minister of Science and Technology, Naledi Pandor, acknowledged the country's leading female scientists through the Annual Women in Science Awards on 13 August 2010. The 2010 Annual Women in Science Awards are part of the department's effort to increase the number of women as female scientists and researchers in the country.
The awards have also been created to increase women's access to research professions and to profile successful scientists and researchers as role models for young women and girls. The ANC supports this initiative and encourages the enrolment of girl-children in schools, especially the recruitment of women from poor backgrounds into science.
On its part, the ANC government will continue to improve the quality of schooling, particularly in maths, science and technology, and language development. [Applause.
The SPEAKER: The ID did not make use of its opportunity to make a statement. Does any member of the ANC wish to take up that slot?
Ms K R MAGAU (ANC): President Jacob Zuma has recently concluded a state visit to Lesotho by signing several agreements with the landlocked country. During his two-day visit, an agreement on grants from the African Renaissance Fund for the implementation of the advanced infrastructure component of the Metolong Dam and the water supply programme was signed.
Other agreements included a memorandum of understanding on economic co-operation, a memorandum of understanding concerning co-operation in the legal field and a declaration of intent on phase two of the Lesotho Highlands Water Project.
Furthermore, the Prime Minister in a joint communiqué assured President Zuma of Lesotho's unwavering support for South Africa's candidature for the nonpermanent seat in the United Nations' Security Council for the 2011-12 term. He also congratulated South Africa for hosting a successful Fifa World Cup. I thank you. [Applause.
The MINISTER OF HEALTH: Speaker and hon members of the House, I wish to respond on the issue of government not having contingency plans for the strike. Obviously, when an event like this takes place, we start pointing fingers, and the truth might also be lost and replaced by fiction.
I want to clarify a few factors. Firstly, the doctors, being represented by the South African Medical Association, never took a decision to go on strike. They are still not on strike. There is no doctor in the Republic of South Africa who is on strike in any of our hospitals. That is the truth. All doctors are at work.
Secondly, this was a legal strike, protected by the labour laws under the Constitution of the Republic of South Africa, which members are aware of. Thirdly, as far as nurses are concerned, no nursing union informed us formally that they were going on strike. Indeed, while lots of nurses are staying away, they informed us that they were dragged out. We saw some of them being openly dragged out of their workplaces.
Therefore, for this reason, we did put contingency plans in place. We did foresee that there was going to be a strike. Let me confess, what we did not foresee was the sheer brutality and the inhumanity that has been displayed. I agree, I would never have planned or thought that at any day in our lives as South Africans I would see people going into theatres and dragging out people when somebody is undergoing an operation. I never planned for that, because I never dreamed about it.
Strikes and uprisings existed before in this country from time immemorial. We were all there during the Soweto uprisings. [Time expired.] [Applause.
UMPHATHISWA WEZABASEBENZI: Somlomo, ukusukela kwintetho kaMphathiswa wezeMpilo, eyona nto emayicace mhlophe kukuba ubundlobongela, ukoyikisa nokuqweqwediswa kwabantu akuvumelekanga. Abo benza oko bonyelisa idabi labasebenzi. Siyabacela ukuba bazikhwebule kule mikhwa nakule mikhuba. Iinkokeli zabasebenzi mazazi ukuba ingxubakaxaka efana nale isonjululwa kuphela eqongeni lothethathethwano. Ukukhwaza nokwenza amanyala namanyundululu akuzuyisombulula ingxaki abajongene nayo abasebenzi.
Kananjalo, ukuthwaxa nokuthuka uMongameli uZuma akusayi kuyisombulula le ngxaki. Nabo ke balapha kule Ndlu yasePalamente abathi,"Zuma, Zuma" amaxesha ngamaxesha abancedi nganto. Umntwana wabantu kufanel' uba uyaziluma nalapho akhoyo ngalo mzuzu.
Ndiyavumelana nawe mntwana kaGodi ukuba abahloli mabaye kwezi ndawo zingcungcuthekisa abasebenzi. Ndicela ke ungemki apha ungandinikanga amagama ezi ndawo zishishina ngokuqeshisa ngendawo yokulala nokuchitha ikhefu ukwenzela ukuba sizigqogqe, ngoba bonke abaqeshi abangcungcuthekisa abasebenzi bamele ukuba nabo bangonwabi. Ayilolizwe nje elithengisa iibhanana eli, lilizwe labantu. Lilizwe lethu eli kwaye siyalithanda. Asinandawo iyenye esiza kuya kuyo; siphelele apha eMzantsi Afrika. [Kwaqhwatywa.] (Translation of isiXhosa Minister's response follows.
The MINISTER OF LABOUR: Chairperson, referring to the speech by the Minister of Health, the only thing that must be made clear is that crime, the terrorising and hijacking of people, is not acceptable. Those who are doing that are demeaning the workers' struggle. We ask them to abstain from that behaviour. Shop stewards must know that problems like these are only solved through negotiations. To make a noise and do horrifying things is not going to solve the problem which the workers are faced with.
Therefore, to badmouth President Zuma and to swear at him will not solve the problem. And those who are here in this august House who are calling out, "Zuma, Zuma" all the time are of no help. I think the President is not happy where he is at this present moment.
I agree with you, Mr Godi, that inspectors must visit those places where workers are being ill-treated. I ask you not to leave before giving me a list of the bed and breakfast places and hotels so that we can investigate them, because all employers who are ill-treating their employees must also be prosecuted. This is our country and not a banana republic. This country belongs to the people. This is our country and we love it. We have nowhere else to go; South Africa is all that we have. [Applause.
The MINISTER OF FINANCE: Mr Speaker, fellow Cabinet Ministers, Deputy Ministers, and hon members, I have pleasure in presenting the Taxation Laws Amendment Bill of 2010. This Bill represents the annual revisions to the existing tax legislation. As required by the Constitution, two Bills are required for tax legislation. The first Bill is the money Bill, which contains changes to total tax liabilities as a result of changes to tax rates and/or the tax bases. The second Bill covers other tax matters, mainly relating to tax administration.
Let me ponder or reflect upon our current economic environment for a moment. Taxation in the South African economy is crucial to our fiscal sovereignty and our ability to fund government expenditure through tax revenue. However, the recession over the last two years has resulted in a massive drop in revenue last year of almost R68,9 billion, which was less that what we had budgeted for. This resulted in the tax on gross domestic product, GDP, ratio dropping from almost 27% to about 24,4%. It is still going to take us another three to five years - let me repeat that it is going to take us another three to five years to recover to the tax GDP ratio of 28% that we had enjoyed in 2007-2008.
The GDP figures released today indicate a growth of 3,2%, and the leading indicators released by the Reserve Bank also indicate, regrettably, an uncertain economic climate ahead of us. However, let's be positive and hope that the prediction that our economy will still grow by 3% for the remainder of this year, for the year as a whole, happens to be true.
The Bills give effect to the tax proposals announced in February when we presented the 2010 Budget. After an intensive consultation process, including taking public comments on an initial draft set of Bills as well as hearings in Parliament, many of the initial proposals have been amended, and we have responded to the submissions that have been made to us. This, Mr Speaker, demonstrates the power of Parliament and of public participation to amend money Bills such as these tax Bills. It is also a process where we demonstrate the extent to which we listen to the concerns of stakeholders and accommodate such concerns to the extent that they are legitimate. Of course, if we took all of the concerns into account, we wouldn't have much tax to collect. Not too many people are listening, so you can't even respond to that. It wouldn't be fair. But you are not listening either.
Given the complexity of tax legislation, the National Treasury and Sars also published a detailed explanatory memorandum to explain the Bill. This assists greatly, as the Bills are largely amendments to existing Acts of Parliament, which are fairly complex, such as the Income Tax Act, Value-Added Tax Act and the Customs and Excise Act.
The proposed Bills provide personal income tax relief for individuals, which you have already had in your pockets - and other South Africans have had it as well - and closed various tax loopholes so as to ensure an equitable tax system. Both tax Bills contain a mixture of limited tax relief measures needed to overcome commercial blockages and anti-avoidance measures needed to protect the tax base. You might be interested to know that the closing of tax loopholes has now become an international concern and something that we also will focus on much more seriously in South Africa.
Severance packages paid by employers, and this is the first of the changes that we have in this Bill, will receive the R300 000 exemption, and preferential rates tables that currently are available for lump sum retirement savings payments. These lump sum savings payouts will also be available for severance packages. In other words, severance packages and retirement savings payouts will be treated on the same basis. This is fairly important given our current environment where almost a million people have lost their jobs. This measure will assist those receiving severance packages from employers. A number of other measures are intended to provide relief for various forms of lump sum pension payouts so that taxpayers can more readily access their full retirement savings after retirement.
However, the tax system fortunately is not designed to comfort those who seek to exploit loopholes, no matter how well- entrenched those loopholes have become. In this vein, practices continue to exist that seek to provide certain employees with salary packages containing undue tax advantages. These undue tax advantages leave a select group of employees with a lower tax burden than members of the general public who receive their salaries in cash.
These Bills aim to provide a more equitable tax treatment for those benefiting from employer-provided motor vehicles. While the current tax rules correctly treat this free use of a motor vehicle as a taxable fringe benefit, the proposed amendment increases the tax charge to reflect fully the value of the economic benefit received by the employee.
The second major change refers to South Africa as a regional gateway to sub-Saharan Africa. South Africa is an ideal location for multinationals to base their regional operations for investments into sub-Saharan Africa. South Africa offers world-class financial services, regulatory architecture and infrastructure as well. We have a modern economy, wonderful weather and other natural attractions that make South Africa a desirable location for foreign expatriates seeking assignments on a long-term basis. Certain domestic tax anomalies, the exchange control regime and fierce competition from certain low-tax countries remain stumbling blocks to South Africa taking full advantage of the opportunities that are available. To remedy this situation, the proposed amendments remove various tax hurdles that a multinational company would face if it bases its regional headquarters in South Africa. We are also revising exchange controls to support such initiatives.
Another important area of innovation relates to the growing use of Islamic financing, which contains certain prohibitions in respect of finance. This includes prohibitions against interest, immoral substances and lack of transparency in respect of investment. The tax system's lack of recognition of Islamic finance is an issue, as it focuses mainly on traditional forms of finance. The proposed amendments will level the playing field in respect of certain Islamic financial products when undertaking savings and investments and when attempting to access bank finance.
The third area refers to cross-border issues. To attract foreign investment into our country, we exempt foreign investors based in South Africa from tax on interest received or accrued from their operations outside of our borders. It now appears that this particular exemption for cross-border interest is far wider than the global practice. More specifically, the current exemption covers nearly all forms of interest, except if the foreign investor has substantial presence within South Africa. As a result, billions of rands are flowing out of South Africa without any tax being paid on them.
The proposed amendment will close this gap by narrowing the cross-border interest exemption, mainly to mobile international capital, such as listed government and corporate bonds, given the sensitivity of these global bonds. Most other forms of cross-border interest payments will become subject to a 10% withholding charge. Unfortunately, this amendment will be delayed until 2013, because this shift in taxation of cross-border interest will require the renegotiation of certain tax treaties and the implementation of an administrative mechanism to allow for a withholding regime.
The next area is the carbon dioxide emissions tax. I suggest that all of you listen carefully to this, particularly when you are going to buy your new car. The proposed carbon dioxide vehicle emissions tax forms part of this year's tax proposals, although it is not included in the Bills tabled today. This tax will be imposed in terms of amended schedules and rules to the Customs and Excise Act. As with other tax proposals, we have consulted with relevant stakeholders, including the industry itself. After some initial misunderstanding, I've met with the largest motor car industry chief executive officers last week and confirmed that the carbon dioxide vehicle emissions tax on passenger vehicles will proceed as scheduled on 1 September 2010. [Interjections.
Mr M J ELLIS: What size car do you drive?
The MINISTER OF FINANCE: That you'll know later, Mike. However, I have also taken into account some concerns of the industry, and agreed that the tax on double cabs will be delayed slightly, coming into effect on an agreed date in a few months' time. It is the intention that this tax will be extended to all other light commercial vehicles at a later date. I should add that we have a complete and comprehensive approach to the environmental taxes. Work in this area began in 2003, including a paper on environmental fiscal reform published in 2006, and the discussion paper on carbon taxes that will be published shortly.
Though not implemented this year, we are considering the implementation of a carbon dioxide vehicle emissions tax on all cars - new and old. This will be implemented by reviewing our approach to vehicle license fees, which are implemented by provinces. As we improve our public transport, we could also impose higher fuel levies and demand better quality of fuel than we have in South Africa at present. All in all, there is a place for all of these mechanisms if we want to reduce the emission of green house gases and ensure that we leave our children with a better legacy when it comes to air quality and reducing the risks of climate change.
The next area is the Mineral and Petroleum Resources Royalty Act, which came into effect for the first time on 1 March 2010. The South African mineral and petroleum royalty system imposes a royalty charge on a gross basis with the rate increasing or decreasing depending on company profitability. This varying rate allows for South Africa, as a whole, to enjoy relatively higher yields during the boom years while providing partial relief during lean years.
Some key anomalies that were identified during the past few months have been remedied. These include the introduction of roll-over relief, which is intended for the many smaller mining operations that can roll the royalty over to other parties. These are the parties who will refine and otherwise upgrade the minerals. In addition, the minimum specified first saleable condition for certain minerals has been adjusted. These revised minimum conditions relate to iron, ore, coal, vanadium and sand aggregates.
In conclusion, I would like to thank the Deputy Minister of Finance, who is listening very carefully, Mr Nene, the National Treasury and Sars officials for drafting the Bill, members of the public for their comments on the Bills, and the Standing Committee on Finance under the leadership of Mr Mufamadi for the sterling work that they have done in shaping the Bill as we have it today.
Last but not least, Sars is extremely gratified with the response of taxpayers in filing their tax returns for 2010. So, thanks to all of you as well. To date, 1,3 million returns have been filed compared to only 950 000 returns for the same period last year. This is an increase of 32% year on year. Ninety eight percent of the returns have come in electronically, which means we deal with very little paper now. That is a huge advance for South Africans. Both Tax Bills, Mr Speaker, strike a careful balance between tax relief and the broadening of the tax base.
I hereby table the Taxation Laws Amendment Bill 2010 and the Voluntary Disclosure Programme and Second Taxation Laws Amendment Bill 2010 for the Assembly's consideration. Thank you. [Applause.
The SPEAKER: The Taxation Laws Amendment Bill will be referred to the Standing Committee on Finance for consideration and report.
Protocol amending the Convention between the Government of the Republic of South Africa and the Government of Ireland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains, with protocol approved.
Protocol amending the Convention between the Republic of South Africa and the Kingdom of Sweden for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income approved.
The House adjourned at 14:59.
Local Government: Municipal Electoral Amendment Bill [B 27 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33478 of 20 August 2010.
Report of the Independent Commission for the Remuneration of Public Office Bearers for 1 January 2009 to 31 December 2009.
The Standing Committee on Finance, having considered the request for approval by Parliament of the Protocol amending the convention between the Republic of South Africa and The Government of Ireland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains, with protocol, recommends that the House, in terms of section 231 (2) of the Constitution, approve the said Protocol.
Report of the Standing Committee on Finance on the Protocol Amending the Convention between the Republic of South Africa and The Kingdom of Sweden, dated 04 August 2010.
The Standing Committee on Finance, having considered the request for approval by Parliament of the Protocol amending the convention between the Republic of South Africa and The Kingdom of Sweden for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, recommends that the House, in terms of section 231 (2) of the Constitution, approve the said Protocol.
With a new year unfolding and economic recovery underway across the globe, the UNWTO/South Africa International Summit on Tourism, Sport and Mega Events, aimed to bring together leaders of global tourism communities to explore the impact on Sport and Mega Events on tourism.
Conscious of the vital role of tourism in supporting resilience, stimulus and transformation to a green economy, the UNWTO introduced a 'Roadmap for Recovery' which identifies the nexus between the travel and tourism sectors, which can more effectively contribute to international and national actions in interconnected areas.
Globally, sport and mega-events play a powerful role in stimulating the tourism economy. The year 2010 will be no exception, seeing major sport and cultural events hosted around the world. This will begin with the 2010 Winter Olympics in February in Canada, and mega-events will occur in each and every month of 2010 in different global locations, showcasing sporting, cultural and economic excellence and opportunity.
Moreover, it is increasingly apparent that these events will not only have to respond to the changing global sustainability norms and development imperatives, but can themselves be powerful communicators and drivers of change.
The world's leading experts, industry leaders and tourism ministers who attended the inaugural International Summit on Tourism, Sport and Mega-Events intensified the emphasis on the global need for tourism sector success to boost global economies.
DELEGATION: A multi-party delegation was led by the Committee Chairperson; Mr D.M Gumede (ANC) included Ms X.C Makasi (ANC) and Mr G.R Krumbock (DA). Support staff included: Mr J. Boltina (Committee Secretary and Ms J. Ntuli Researcher).
The UNWTO/South Africa International Summit on Tourism, Sport and Mega-events was officially opened by the President of the Republic of South Africa on Thursday, 25 February 2010.
The President welcomed participants to South Africa in what he called a "seminal year for the country and tourism sector in particular" as the 2010 hosts of the greatest soccer spectacle on earth, the FIFA World Cup. The president stressed that, as global economic confidence is slowly built up again and spreads across the globe, the time has come for nations to reconstruct, rebuild and reignite their economies and travel and tourism sectors.
South Africa's 2010 vision was to build more than stadia, roads and airports, but also to build the nation's legacy as champions. South Africans realised that they are not only working towards 30 days of football, but are in fact building the country.
The tourism industry is one of the fastest growing industries in South Africa, and the sector holds huge potential for job creation, and as both driver and beneficiary of large-scale infrastructure investment. Tourism's contribution to the gross domestic product (GDP) will grow meaningfully in the next five years. However, to unlock potential of tourism as a sector, South Africa will need to build on its existing successes, whilst exploring new frontiers for growth and development.
The importance of mega-events to the South African nation extends far beyond the events alone, in that they offer the opportunity to work together to strengthen the country's tourism industry, economy, employment capacity and skilled workforce, appeal to investors and of course, global image and identity.
These events aid the country in its pursuit of excellence, and its drive to become an ever stronger nation.
The contribution of the tourism sector is its ability to tackle two challenges facing the global community, namely supporting the recovery of the world economy, and the greening of tourism in order to pursue a more balanced, sustainable and fair growth.
Noting that global challenges, such as the economic crisis, climate change and poverty alleviation, require global solutions, the Secretary General expressed his conviction that tourism can play a much more important part in addressing these challenges, as outlined in the UNWTO Roadmap for Recovery and its agenda for boosting tourism's contribution to global economic resilience, stimulus and transformation to the green economy.
The UNWTO would continue to remind the world that travel and tourism mean exports, infrastructure development, investment, but particularly jobs. In this regard, the international community must do everything possible to galvanise job creation within the tourism sector. Tourism and the contribution of sports and mega-events enhances economic development, which have benefits such as the national image, new infrastructure, urban regeneration and development, a more responsive trained skilled workforce, and tourism positioning.
One of the major challenges is to ensure that mega-events have a legacy strategy, and are part of a nation's long-term development plan. The important social and human 'legacies' that are being deliberately built into mega-events, which go beyond economic benefits and challenges, are becoming critical components of any successful bid, including regional integration, community building and sustainability.
New opportunities were emerging in the arena of sports tourism and mega-events, and such events are powerful vehicles for economic growth as well as the travel and tourism sector development.
Among the benefits, the Minister highlighted increased foreign arrivals and yield, stimulated investment and trade, accelerated employment and skills development, flattening of the seasonality curve, increased destination competitiveness, and building of the destination brand.
Despite all of the excitement attached to sports tourism and mega-events, these are certainly not risk-free, and successfully securing and executing sports tourism and mega-events does not guarantee a successful impact. Costs can outweigh the benefits, and these costs can range from empty stadia and displaced tourists, to angry locals questioning the rationale behind investing in broadcasting centres instead of education or health care facilities, and massive debt left behind after the crowds of spectators have returned home.
The Minister challenged the leaders of the global travel and tourism community to create a framework for sports tourism and mega-events that will empower and encourage every nation, regardless of size, to rigorously, yet responsibly harness the opportunities presented by these events.
The Minister expressed the hope that delegates will leave the summit with a clear vision of how to attract and utilise such events to build tourism and travel sectors worldwide, and nurse the fragile global economy back to full strength.
Mega-events are critically positioned in marketing, decision-making and strategy development of tourism destinations. The value of a mega-event id determined by the success of the event in its own right, in terms of what the event does for the host country or city and whether the host location is left better off after the event than before.
Looking back at past events, it is clear that successful events and strategies varied according to the set of circumstances that influence the host's unique development goals. It becomes evident that the local organising committee of a mega-event and its supporting network are indeed challenged to realise a net benefit for the social, economic, natural and cultural dimensions of the host country.
The colloquium on mega-events examined the dimensions of hosting and managing mega-events. Participants benefited from the experiences of international and South African organisers and researchers who have lived the conceptual and practical realities of mega-events.
This report thus outlines the main ideas, points and issues that surfaced during the proceedings and is structured according to each session of the programme that was followed. A detailed summary of each presentation will be presented and the key issues/concerns will be summarised at the end of each session as well as in the conclusions at the end of the report. The report was compiled through a combination of abstracts, notes taken during the colloquium, author presentations and recordings.
Ms Aneme Malan and Professor Daneel van Lill outlined the theme of the colloquium by highlighting the fact that mega-events require long-term planning in order to achieve the grand vision' for the event as well as 'grand picture', that is, legacy and beyond. They also acknowledged that mega-events of the calibre of the FIFA World Cup, present substantial opportunity cost to any nation, city or region wanting to host it. In light of this, Prof.
What should a developing country like South Africa account for in the mega-events arena in making it more sustainable This question set the tone for a very enlightening colloquium?
Presenters highlighted that mega-events can provide much needed benefits to local areas and especially to small business operations. However, they don't always necessarily deliver on the promises that are made in the initial bidding and planning phases. These mega sporting events such as the FIFA World Cup can essentially underpin tourism for a destination in three very critical areas, namely sport, culture and business tourism. They may also create links internationally that could initiate future opportunities.
Events of this nature have been around since 776 BC since the first Olympic Games and are traditionally seen to be the domain of developed countries. However, the role of developing nations has begun to emerge. The range of associated impacts, whether it be positive or negative needs to be properly managed so as to avoid the 'spaceship' analysis, leaving behind 'burnt' ground. Mega-events are often criticised for low level employment, high levels of post-event debt, brand tarnishment, etc. Thus, it is critical to plan for and manage these effects so as to yield the most positive possible outcome. It is important to note that the impacts associated with such events are beyond merely economic as social and environmental impacts are very often overlooked.
In making these events a reality through the planning process, a community-based long term approach to planning should be used as there is a need to plan beyond the actual event. The mega-event should be seen as a milestone and not an end goal in themselves. However, realistic goals should be set from the word go and it is important to ask the right contextual questions, such as: 'Is it right for us', 'Is the time right' and 'Are we setting ourselves up for failure?
There are various other considerations that host countries need to 'sleep on' in weighing the pros and cons prior to bidding with the intention of winning. These include the costs and funding of the event itself, the potential to create expertise and build capacity (but will small business suffer in the process), how the community will be engaged in the process in the long term, the extent of technological accessibility, sourcing sponsorship, the enormous cost of ensuring safety and security, the role of the media in portraying the intended/required image, sustainability and climate change implications, and the creation of a legacy which often gets lost in the process. Evaluation before, during and after the event is critical to tracking developments towards a legacy that can sustain the associated benefits of Mega-events. A knowledge portal of Mega-events is suggested as a key link to accessing lessons learned from other nations and should be administered by a mega organisation such as the UNWTO?
Many host destinations are simply not sufficiently strategic in their approaches to planning such an event, leaving the external event promoters/owners with significant leverage and influence. If host countries are to maximise the benefits, a shift away from a narrow and short term marketing vision to a more long term vision, is essential.
Ms Gillian Saunders indicated that currently, the hype around the FIFA 2010 World Cup is centred around focusing on a strategy for post 2010. The event itself needs to form part of the 'bigger picture'. In contextualising the event itself, there are a number of impacts that can be highlighted. Foreign tourism will expect to receive an estimated 487 000 visitors to the event, equating to 5.2% more tourists in 2010 from a projected base of 10.7 million tourists. This volume would induce an estimated R8.5 billion in foreign spending. It is important to note however, that South Africa already receives on average 965 000 foreign visitors (of which 250 000 are air arrivals) monthly. Judging from the existing base, it is expected that South Africa would ideally be able to cope with the surplus volumes. In terms of domestic tourism, there is an expected 1 million spectators with 1.5 to 1.7 million tickets sold to locals (1.26 million in Germany, 2006) and an estimated 115 000 domestic tourists. All this economic activity opens up opportunities for various tourism and related enterprises such as the accommodation sector, airlines, transport hire, travel agents and booking services, retail, the hospitality sector, foreign exchange, and a variety of attractions, entertainment, and the industry suppliers.
Despite these significant changes and opportunities, the issue of a tourism legacy lingers and needs to be addressed. If properly planned, such an event could leave the destination better known and understood both internationally and domestically. The opportunity could also leave the destination with larger and better transportation fleets, better tourism information provision, improved destination management, improved support services and supply chains, increased accommodation stock, and induce national pride while creating a better service ethic. This mega-event also presents a crucial marketing opportunity.
480 000 visitors provide an enormous opportunity for exposure to profile and reposition South Africa globally. This is not excluding the various news broadcasts, documentaries, and social networking which contain content regarding South Africa and/or the event before, during and possibly after. On the National Brands Index for instance, South Africa (ranked 37 in 2008) has more room to move up than its predecessor, Germany (ranked 1 in 2008). Therefore, the exposure is critical. The exposure is also an opportunity to grow existing tourism sectors as well as attract new markets.
In managing tourism beyond 2010, the South African National Department of Tourism is currently revising its National Tourism Strategy that aims to inspire and accelerate the responsible growth of tourism. Some of the strategy highlights includes a new set of strategic thrusts such as the development of new markets and specific attention to growing business tourism and events. A bold action plan includes the revision of South African Tourism's mandate to include the development and attraction of new markets. Support for future events is evident in the planning of a potential national convention and events bureau responsible for the development and marketing of business tourism and events through the coordination and support of bids. An investigation into the establishment of a bidding fund to encourage and support future events of national importance is also a planned bold move.
Mr Maloney Tichaawa and Professor Kamilla presented research findings in the case of Cameroon. Most research being conducted on the FIFA 2010 World Cup is focused around economic impacts and political economy, with limited focus on social impacts and little to no research on African fans. The event has been positioned as an 'African event' but many African fans have been excluded from research or the event itself. The latter is due to a variety of reasons such as limited funds, access to information and ticketing, as well as travel constraints. The objective of this study was to determine the profile of African fans, in particular those in Cameroon who intended to attend the event, and their current perceptions of South Africa's image as well as to ascertain the factors that will influence Cameroonian fan participation at the event. The target population included soccer fans (n=780) and other football stakeholders in Cameroon, particularly in the study areas of Buea and Limbe (English speaking areas).
In terms of the demographics of the sample population, the majority of fans were aged between 21-30 (52.1%) and 31-40 (23.6%), made up of 77.6% male fans. A large percentage (40.5%) of which, earn an average monthly income of less than R1000.00 monthly followed by 36.2% earning between R1001.00 and R4000.00 monthly. Employment amongst the fans was relatively positive in the sense that 38.2% and 32.7% were engaged in full-time employment and some self-employed, respectively. Of those fans (n=273) that indicated that they would attend the 2010 event, 80.6% were male, and were on average 31 years old in full-time or self-employment, and earned an average monthly income of R3201.75. Only 4.53% of the respondents indicated that they had previously travelled to a FIFA World Cup tournament.
With five other African qualifying nations (excluding South Africa), ticket sales to these nations are alarmingly low. The respondents (n=320) that indicated that they would not attend the event did so because they would not be able to afford to purchase tickets (35.3%), travel costs would be too high (34.1%), were not interested in soccer (13.8%), or prefer to watch it on TV (11.6%). Xenophobia (2.2%) and crime (0.3%) featured very low on the factors influencing their non-attendance.
An overwhelming majority (90%) of the respondents indicated that they support South Africa as the host nation. Respondents also indicated that they perceived South Africa to be a country with excellent stadiums (33.26%), being the most developed country on the continent (20.8%), having a high rate of HIV/AIDS (16.9%), being a driver of the African Renaissance (11.81%), and having an underperforming national soccer team (8.9%). Once again, xenophobia and crime featured very low at 1.3% and 3.6% respectively.
Almost 40% of fans said they would attend the event, reflecting a significant increase in potential Cameroonian fan participation in the event when compared to previous attendance. Although the media tends to focus on factors such as xenophobia and crime, the cost and inaccessibility to tickets as well as high travel costs seem to be more restricting factors. Accessibility to ticketing processes, especially online applications and payments made it very difficult for African fans to increase their representation. As a host country, South Africa receives generally positive perceptions from the rest of the continent. It is recommended that organisers should consider travel and cost constraints to African fans and adopt appropriate strategies to increase their representation. In this sense, it is also recommended that organising committee and FIFA should ensure the management and provision of adequate pragmatic -based information to media as a means to boost the country's image abroad.
Professors Heather Gibson, Kiki Kaplanidou and Brijesh Thapa reflected on the topic. The shortcomings of economic expectations have raised a lot of questions around the notions of legacy, sustainability and strategic leveraging. Researchers now suggest that mega events should be leveraged over both the short and the long term. The focus thus needs to shift beyond just mega events but towards a wider range of sport tourism participation opportunities that can be found in smaller-scale events. This study uses data collected from five youth sport events organised by a local US sports commission over 18 months to show that such events have a significant contribution to increasing tourist numbers to communities during low seasons, create social capital from volunteer opportunities and the use of existing infrastructure, and decreasing environmental impacts.
The accumulation of associated benefits from small-scale sport events provides important leveraging opportunities for tourism in local communities similar to those brought about by mega events. However, there is a need for the efficient and effective utilisation of existing infrastructure or those left behind by mega events, the passing of skills and image of a community for the development of sport tourism. Youth sport events have been identified as important ways to attract, maintain and engage a sport tourist market. Youth sport events tend to attract larger travel parties due to parents and other family members accompanying the participants. They therefore have a greater impact with regards to overnight stay and spending.
The purpose of this study was to examine spectator behaviours of five small youth sport events hosted by a local sports commission over a two year period. The aim was to profile the average spectator at each of these events, as well as collect data on the length of stay, room night, expenditure patterns, overall direct spend for each event, any other activities that spectators took part in, primary motivations for attending these events and to determine the event evaluation related characteristics. Intercept surveys were used between January 2008 and August 2009 and sampled five small-scale sport events, namely: Soccer (n =476), Softball (n = 199), Swimming (n =230), Track & Field (n = 125), and ESynchro Swimming (n=179). Questionnaires consisted of fixed choice and open-ended items. A data analysis to determine frequencies was done.
Participants of these events were mostly girls aged between 6 and 19 years, with the exception of the swimming event that had a participant of 22 years. The events ranged between 3 and 7 days long. The spectators were also largely female and were mostly aged in the mid 40s. Their income mostly ranged above US$80 000 a year and were relatively well educated, with a majority white population representation with the exception of the majority African American population at the Track and Field event.
The average length of stay ranged between 3 and 7 days and overnight stays far outnumbered day visits. Hotels and motels were the popular choices for accommodation. Total expenditure ranged from approximately US$110 to US$230 per day trip and between approximately US$450 and US$830. Motivations mostly revolved around supporting their children who were competing. Other activities included traditional activities of dining, shopping, VFR and attending university sport events. The overall revisit intention was relatively high. Other data provided by Gainesville Sport Commission shows more social aspects that are associated with these events, particularly with volunteers who could potentially be a selling point for attracting more events in the future.
Overall, the positive benefits are largely economic, although many social benefits derived from sport events of this scale are also evident. The events provide business for the local community. The support data from the sports commission highlights the social opportunities for local residents as volunteers. The use of existing infrastructure could lower the environmental, social and economic costs of future events. Mega events could thus pave the way for small-scale events, leaving behind a strong legacy of a strong community image, increased capacity and improved infrastructure. Thus, community resources could be a strong point in attracting future events and making them more sustainable.
Professor Ernie Heath and Ms Ilana Otto indicated that climate change has become a global agenda and mega events are now looked at to take cognisance of the reality of challenges of this phenomenon. As such, extensive emphasis has been placed on the environmental sustainability of such events with a call for the development and implementation of environmental management guidelines. This study explores the potential impact of mega events on climate change, with particular reference to the 2010 FIFA World Cup. In-depth personal interviews were conducted with a number of stakeholders in the Tshwane Metropole. Stakeholders included the public and private tourism sector, tourism experts, environmental experts, and the Tshwane Municipality's 2010 Organising Committee.
In terms of climate change, the study found that the main contributing factors were CO² emissions within the tourism industry, ignorance of the tourism industry and the production of goods and services. The 2010 World Cup presented areas of concern regarding transportation (geographic layout of the event, increased air travel, and the lack of safe public transportation resulting in higher emissions), construction an infrastructure (concentrated pockets of CO² emissions) and the escalating tourism activities (greater sphere of tourism industry operators).
There seemed to be a higher level of consciousness when daily operations were linked to a mega event such as the 2010 world cup. Impacts need to be considered in a more holistic manner when looking for solutions. There is therefore a need for an umbrella strategy for the development, implementation and sustaining of environmental strategies, plans and guidelines that need to be filtered through the tourism value chain. Communication and understanding of the responsibilities of stakeholders as well as a move toward more coordinated efforts, was also viewed as critically important.
Since the study, a carbon footprint calculation of the 2010 world cup was conducted but still excluded aspects such as restaurants, activities and attractions, and retail shopping as was the case with the calculations for the 2006 world cup. The umbrella strategy has been addressed and covers six key areas but only addresses the areas that account for about 9% of the possible carbon footprint of the 2010 world cup. According to this plan, it is now the responsibility of each host city to develop and implement their own green goal plan and ensure that it is communicated to all their stakeholders. The Tshwane Metropole already has a 2010 environmental management plan that was launched in 2007. Their Green Goal Plan was launched on 24 February 2010 and includes an awareness and marketing campaign for minimising waste, promoting recycling and improving energy and waste efficiency.
The study only focused on the Tshwane Metropole as one of the host cities. If the true environmental impacts are to be known, an investigation within the broader context of South Africa would have to be done, taking into consideration all contributions and sectors. The greening of a mega event doesn't just happen during the event and at the sporting facilities. For true sustainability, organisers will have to develop and implement environmental plans and strategies well in advance. By incorporating and adopting the concepts of the Green Police, organisers will be able to address environmental impacts holistically, engaging all stakeholders and especially the local communities, ensuring that there is a true culture of sustainability within these cities.
Ms Tania Steyn and Professor Ernie Heath said Culture and Heritage form an eminent part of any mega event, especially a soccer world cup. However, many organisers do not look at culture and heritage in a strategic and systematic manner. Lack of information has limited destinations from leveraging the culture and heritage tourism opportunities presented by such events. This study set out to explore the potential contributions of cultural and heritage tourism within the context of a mega event. It also examines best practice mega event case studies.
Closing and opening ceremonies are possibly the biggest opportunities to broaden and enhance the actual event offering. Culture and heritage are important contributors to these ceremonies which can be highly lucrative and symbolic. They provide an opportunity to showcase a country's identity and to celebrate other cultures too. The ceremonies at the 2000 Olympic Games in Sydney produced what spectators felt was a very 'heartfelt' demonstration that really captured the spirit of Australia. The performance of the song 'Barcelona' at the 1992 Olympics in Barcelona also created a specific and very heartfelt image. They also require substantial financial investment, such as in the case of the 2006 Commonwealth Games in Melbourne, Australia where they totalled $50 million. The role of formal cultural programmes is often more associated with the Olympic Games but have provided a good example of the integration of culture, heritage and sports. Initiatives such as cultural Olympiads, festivals, and gastronomic feasts have been successful in a number of mega events. Even the fan parks experiences provide an excellent opportunity to showcase culture and also include women such as in the case of the 2006 German soccer world cup.
Opportunities to project images about the host destination can also add value to the marketing thrust of the destination. The role of non-accredited media centres has also become more important. Whilst accredited media usually focus on reporting on the games and the actual event, non-accredited media provide the opportunity to showcase other aspects of the destination's culture and heritage. There is also the challenge of strategically including the event into the overall destination mix, whereby strict itineraries for instance, often inhibit visitors from exploring different aspects of the destinations. This was the case with the 1999 Rugby World Cup in Wales.
A host community that is excited about the event and is positive about tourism could enhance the tourist experience and contribute to the competitiveness of the destination. The 1995 Rugby World Cup is one of the best examples of this and 2010 could present the same opportunity. Such events could also contribute to the creation of cultural and heritage tourism business and entrepreneurial opportunities. It is however important to manage expectations and ensure that local businesses can provide what is needed. The 2007 Cricket World Cup for instance had a strong focus on community development and on product development. In contributing to city regeneration, Barcelona is possibly one the most cited examples and in South Africa, the question of whether city clean-ups are only temporary remains in the air.
There are also several critical success factors that need to be taken into account by all stakeholders. The public sector needs to provide support in creating a strong sense of leadership and a shared vision. An enabling environment and access to information and funding is also important, as well as the development of a legacy strategy. The private sector needs to create appropriate and innovative tourist experiences, as well as create a strong service culture through training. Communities also need to get involved and reflect cultural expressions that are real and true. The youth have also been identified as a critical part of the process. The media needs to be a key strategic partner in sharing positive stories that link culture and heritage to the sport event. In doing so, sustainable legacies can be created for the host destination.
Ms Jacqueline Asheeke, Chairperson of the Federation of Namibian Tourism Associations argued that the 2010 FIFA World Cup is going to be a landmark event for the African continent, and above all is a chance for Africa to earn respect in the international arena. The world cup fever is definitely rising with the expectation of the average man on the street being exceptionally high. Namibia faces a critical situation whereby the world cup will occur exactly at their peak season that runs from June through to August. Their challenge is to make the most of the 'gold dust' that is left behind from the 'gold bars' that South Africa will enjoy. Therefore, Namibia needs to find its own way to benefit from the 'gold rush' which such an event presents.
In 2007, the Namibian Cabinet approved a committee to work on getting ideas about what Namibia could do about the world cup for its own tourism industry. Namibia is a small country, spanning roughly 845 000km and being home to roughly 2 million people. Tourism is the country's third biggest income earner with the travel and tourism economy accounting for 3.6 billion Namibian Dollars and was projected to jump to an estimated 7.11 billion in 2007. A total of 928 912 tourist arrivals occurred in 2007, which is a substantial number for a small population. The fourth quarter of 2008 was a wake-up call for the global economy and Namibia saw its tourists' arrivals dip below the 900 000 mark. Occupancy rates in 2009 were also predicted to drop between -2% to -5% where visitors were booking much later than usual. Hunters and air charters, and SMMEs took the biggest hit.
One of the biggest concerns about the world cup for Namibia is that of the availability and cost of air tickets for its usual high spending overseas tourists who make up roughly 27% of air arrivals. Air Namibia brings in roughly 36% of these air arrivals and have realised the need to accommodate this problem. Without these higher spending tourists, Namibia's 71 000 direct and indirect tourism jobs are in severe danger. Tour operators cannot get bookings and people are starting to book elsewhere. There is also a concern about the damaging effects to the 47% return rate that Namibia currently enjoys, which may cut into future repeat visitors.
However, there is a silver lining. Marketing campaigns are under way to attract tourists shortly after the peak season to come to Namibia from August to October through creative packaging and pricing. Overall, there is a massive opportunity for Africa to reverse the many negative images that are portrayed in the international media. Namibia is also looking to attract key media through targeted media invitations to develop more long term relationships. Displaced South Africans will also be targeted. These strategies all form part of the strategy to survive the gold rush, while at least making something of the gold dust that is left in the wind.
Ms Modjadji Seabi said provincial governments are key role players to ensure that opportunities from mega events are leveraged. The opportunities include: building a strong labour pool and to address the issue of safety and security as critical to ensure a positive legacy. This paper looked at the key measures that needed to be put in place in order to improve tourism from the opportunities presented by hosting an international mega event. Mega events have thus emerged as strong global drivers of human development. South Africa already has good policies in place at both the national and provincial levels. Provincial government levels can also support initiatives that the country or province hopes to work on or achieve. Gauteng, for instance is South Africa's number one tourism performer with the highest share of tourists arrivals and tourist expenditure received.
The South African National Tourism Strategy is currently being revised but the trouble with such broad strategies is that they often do not accommodate the specific needs of individual provinces. Thus, there is a need for a more focused strategy at each provincial level. Safety and security, and human resource development are key drivers of a destination's sustainability. Safety and security, for instance can in fact be a driver of a destination's image creation and perception. Skills within the tourism industry are usually focused on the traditional mainstream tourism activity (i.e. hospitality and accommodation).
The issue of safety and security during the 2010 FIFA World Cup has been addressed by promises of an increased police force and the collaboration of the South African military service. However, what is the long term plan once the event is done The 2008 unemployment rate figures indicated a 23% unemployment rate, with Gauteng being almost the same as the national average at 22%. There is a clear skills gap that needs to be addressed?
Competitive index figures show that South Africa is ranked 60 overall out of 130 countries. They are also ranked 123 overall in terms of safety and security, as well as in human resource development at 118 out of the 130 countries. There is clearly a lot of room for improvement. Tourist arrivals are also a concern where the 2006 world cup in Germany saw an increase in tourist arrivals of 1 million, but what will be the situation in South Africa?
There are a few cases where the issue of safety and security was addressed by the introduction of a tourism police force. Perhaps this could address some of the job creation issues as well as safety and security issues for South Africa.
The overall impact is that there will be job creation if provinces and countries plan and strategically manage the mega event as well as beyond the event. An improvement on safety and security would improve the competitiveness of the destination.
Professor Norbert Kersting from the Department of Political Science, University of Stellenbosch presented a paper on the topic. The paper argued that Mega sport events have many key functions and impacts. Building a national identity is one such key function which can effectively bridge old social milieus and bonds within social groups. Germany and South Africa present interesting cases in that their national identities provide very sensitive research fields due to their respective political histories. In Germany for instance, the 1936 Olympic Games was misused for propaganda by the Nazi regimes. In post apartheid South Africa, a 'rainbow nation' image highlighted a strong heterogeneity and was strengthened by the 1995 Rugby World Cup victory and the subsequent African Cup of Nations. The 2010 FIFA World Cup provides South Africa with the opportunity to redefine the current national brand as well as to showcase their industrial capacity, infrastructure and attractiveness as a tourism destination, and polish its position and role in Africa. The internal bonding and bridging of social milieus is probably the most unequal society in the world, is very much connected to the branding opportunities provided by such events.
The Anholt National Brand Index revealed that 93% of Germans believe that Germany had a 'better image' after the 2006 World Cup. Germany was seen as a high-tech nation but not as a tourist destination prior to the event. Safety concerns were misconceptions and misrepresented. Social marketing campaigns were then put in place to change this image. South Africa on the other hand, lags behind in its image. It is not seen as a high-tech country and a lot of bad news is distributed by the media, painting a negative picture even though Africans are generally perceived as friendly, open and with high levels of solidarity. The knowledge about South Africa is high in countries such as Australia, the UK and New Zealand due to relationships through other sports (e.g. cricket and rugby), as well as historical ties. However, there is potential to create and strengthen other connections while improving the country's image.
National identity is seen as a kind of 'in group' solidarity which is related to 'out group' hostility. In building a national identity, the idea is to develop civic pride as a kind of benign patriotism. National identity is also based on interpersonal trust, where bonding in South Africa within social groups is quite strong but the bridging between social groups is very weak. The previous government under Thabo Mbeki had advocated the bridging between social groups with a focus on bridging across Africa as a way to achieve and African Renaissance or capture the spirit of Africa. Various indicators of national identity provide a feel as to where national pride comes from among the population. In South Africa, this pride is built especially on achievement in sport (44%), its history (38%), and achievement in arts and culture (29%), among others. The issue of the May 2008 xenophobic violence, however, has resulted in some concern about safety and security of foreigners. Although the perception might not be as bad as expected at present due to possible 'window dressing' in light of the event, it is an internal problem nevertheless and needs to be addressed accordingly.
Social marketing campaigns proved to be beneficial for Germany where they encourage investing and research in Germany, as well as collaborations with FIFA to promote fair play. Through the use of viewing areas or fan areas, Germany was able to demonstrate a socially cohesive nation, as well as being friendly and open as a nation. In South Africa, the 'spirit of Africa' campaigns have reached millions of viewers across the globe, creating a feel for an African event. Anti-racism campaigns throughout the 2009 FIFA Confederations Cup and other sports also form part of the social campaigns promoting social cohesion. The public viewing areas in 2010 also provide South Africa with the opportunity to engage with tourists and can demonstrate a peaceful and multicultural society through bridging the social milieus.
National re-branding and social cohesion (bonding and bridging) should thus be the main goals for the 2010 FIFA World Cup in South Africa. There will be little relative attendance from overseas fans but there will be extensive media coverage to showcase an 'African' World Cup. Patriotism campaigns should transcend values through team spirit, inclusion, etc. Thus, the event will essentially provide South Africa an opportunity to create a new narrative of a multicultural society with a focus on bridging and bonding.
Professor Kamilla Swart and Mr Dion Chain also presented case study results which indicated that sport tourism events are increasingly being included in national development and tourism strategies. However, the major focus has been on economic impacts and infrastructure while little attention has been paid to the social and cultural impacts. Research on the perceptions of residents has been very limited. The objective of this study was to evaluate resident's level of awareness and perceptions of, and attitudes towards the 2010 FIFA World Cup and the Green Point Stadium (now referred to as the Cape Town Stadium) location. The secondary objectives were to establish if stakeholders are communicating regularly and effectively with residents and explore resident's levels of support for the event.
The study targeted the population of residents living within 1km of the stadium. The respondents totalled 344. The research was conducted by interviewers' using questionnaires based on a spatially stratified random sampling method between June and July 2009. In terms of the respondent demographic profile, 54.7% were male, 53.0% were white, 26.7% African and ages ranged between 19 and 85 years with an average age of 40.7 years. The respondents were fairly educated, with 67.1% holding a post-school qualification, earning an average income of R10 092.00 and being self-employed (15.4%), retired (13.1%), or as administrators/managers (12.8%).
An overwhelming majority (99.4%) indicated knowledge of the forthcoming event. All the respondents were aware of the local competition stadium. However, awareness of the local training stadium was very low, with only 39.5% indicating awareness of the stadium. Support for the event was relatively positive with 50.9% indicating an intention to attend the event, 87.2% indicating that they would follow the event on TV, and 60.8% indicating an intention to make use of the public viewing areas and a willingness to pay an average of R67.00 for entry to the facility.
There was a 59.9% agreement among residents that stakeholders were effectively communicating with them and the need to use a multi-media approach to the communication was also highlighted. Although there was initial opposition from residents with regards to the stadium, 75% were in agreement with the location of the Cape Town stadium. There was an overall positive response about the economic benefits, social impacts and perceptions on infrastructure developments, as well as the management of the event. However, there were concerns among residents, especially with regards to crime, safety and security, inadequate transport infrastructure, and the very high cost/affordability of the event.
It was clear that there are high levels of awareness around the event and the competition venue but very little towards the training venue. There are high expectations for the economic benefits and social impacts of the event, with the primary concerns of crime, safety and affordability. There is a need for increased community participation and involvement in the planning and management of the event and venue. Longitudinal research is also recommended to evaluate any changes in the perceptions and attitudes of residents in future.
Professor Wolfgang Maening's (Department of Business and Economics at Hamburg University, Germany) paper investigates if a nation's contingent value of hosting a mega-event depends on past experience with implied benefits. Data from ex-ante and ex-post queries were used and the 2006 FIFA World Cup in Germany was used to address this question. The study also looked at how collective experience could accelerate the convergence between the two parts of Germany (west and east). Relatively novel econometric methodologies (contingent valuation method - counterfactual scenarios) were used.
Civic awareness has been said to justify government subsidies as valuable civic returns. Recent studies on civic awareness focus on voter turnout among other elements of election procedures as a good proxy or variable to measure civic activity or awareness. However, this is not necessarily a well suited measure as German history indicates that voter turnout was already relatively high during the 1930s and was actually relatively higher than in the last recent years. Civic awareness also requires some element of experience but there is concern as to how this can be measured. Age and individual histories aren't really good proxies in this regard either. What really matters though is the value of government services and the awareness around this. In this sense, the key question is 'can individuals effectively assess and correctly interpret this value' If this is possible, then an increase in civic awareness could intensify political competition?
Integration in this paper refers to the integration of the two parts of Germany. A study on the preferences of pro-state provision of services indicated that the two parts held profoundly different views. However, the impact of singular events such as hosting the FIFA World Cup and the introduction of the Euro for instance may actually serve to accelerate the convergence between the two parts as opposed to a linear trajectory.
When asked about their willingness to pay for the World Cup to remain in Germany by using counterfactual statements, less than 20% of respondents had a positive willingness to pay (WTP) prior to the event. This matched the existing pessimistic attitude towards the World Cup that was fuelled by fears of bird flu, Neo-Nazi habitats and 'no-go' areas that were being discussed. Thus, there wasn't as much positive hype or excitement around the event as is currently evident in South Africa. The average WTP was €4.26 per person, the average WTP of individuals with a positive WTP was €22.9 per person. The aggregated WTP over the German population as a whole (82 million) indicated a WTP of €351.5 million. After the cup, the aggregated WTP jumped up to €830.8 million but the individuals who already had a positive WTP did not change much which means that the jump in aggregate WTP came from the respondents that did not have a positive WTP prior to the event. The latter respondents largely came from East Germany so they could not assess it prior to the cup because they did not have the experience of hosting such an event. High levels of education also allowed people to anticipate the value of hosting the event.
Significant marginal effects also influenced individual's WTP such as 'sheepskin' effects of one additional year of school and one additional year spent as an adult in the old communist system, for instance. These marginal effects showed a positive change in WTP. Thus, mega sport events are experience goods with associated civic returns and a positive attitude towards the good, as well as age and other 'sheepskin' effects also influence the support for such an event. The paper therefore found that civic pride induced by such a collective experience can significantly accelerate the convergence of East German preferences to those of the western counterparts.
Ms Jennifer Seif and Ms Kate Finlay shared their thoughts on the topic. Focus on the triple bottom line effects of mega events have largely been swayed towards economic aspects with particular emphasis on public and private sector investment, job creation and the growth of future tourist arrivals. However, this uneven focus has been called into question, especially by environmentalists. The social effects and risks, however, especially with regards to vulnerable members of society, namely women and children, have largely been ignored. This paper set out to explore these social risks, using the 2010 FIFA World Cup as a case study.
The social impacts of mega events as commonly known have both negative and positive aspects. On the one hand, tourism and these mega events can result in a new social infrastructure, the protection of cultural heritage, the development of skills and capacity, improve cross-cultural understanding and increase the self-esteem of hosts. However, on the other h hand, they can also result in increased inequality, the commoditisation of culture, sexual exploitation, 'child sex tourism', and child labour.
Children are one of the most vulnerable sectors of society and their rights are both protected and violated by tourism development. The opportunity for child exploitation also presents itself in the tourism industry. The risks to children are also aggravated by issues related to poverty and inequality and HIV/AIDS. Studies in this sense have traditionally focused on commercial sexual exploitation of children (CSEC). The tourism industry is not responsible itself for child exploitation but does acknowledge that it could potentially provide an enabling environment by its very nature (i.e. travel and the movement of children, etc) and would like to be part of the solution. ECPAT has recognised South Africa as an emerging child sex tourism hotspot, which is concerning.
Given this issue, the global tourism industry has responded by focusing on prevention through industry training, raising awareness, and public campaigning. The UNWTO has set up a task force on the protection of children. Voluntary instruments have also been implemented such as the Code of Conduct (a.k.a 'The Code') which has been signed by 1000 companies in the last ten years. There have also been other actions in destinations such as campaigns and national call centres. The trend in the last couple of years has been better cooperation between law enforcement agencies globally.
Germany is a source, transit and destination country for men, women and children for the purposes of sexual as well as non-sexual exploitation. Prior to the 2006 World Cup, studies predicted that over 40 000 women would be trafficked into Germany for sex work. Thus, German law enforcement authorities, together with government, international organisations, and NGOs developed specialised strategies to prevent and investigate human trafficking during the event. Such initiatives included the participation of soccer stars in campaigns, the joint team UNICEF initiative, and the Red Card to Child Labour, among others. An impact study by the International Organisation on Migration (IOM) found that the estimated 40 000 women expected to be trafficked was unfounded and that an increase in human trafficking did not occur. Early planning was clearly effective. There were however, recommendations that a better coordinated effort be put in place with one comprehensive campaign that would be aimed at different target groups and could thus be more effective and sustainable.
In South Africa, human trafficking is both a national and trans-national problem and hotspots include Cape Town, Durban, Johannesburg, Nelspruit, Polokwane and Port Elizabeth. The country has been placed on the 'Tier 2 Watch List' by the US Department of Trafficking in Persons. The reality is that in South Africa, an estimated 400 000 children are involved in child labour, there are an estimated 30 000 child prostitutes and 10 000 street children. Risk factors for child sex tourism during the 2010 FIFA World Cup include: poverty and expectation of economic gain, increased demand for child labour, increased demand for sexual services, increase in organised crime, increased consumption of alcohol, closing of schools, and the relaxing of border control. The South African Department for Social Development therefore put measures in place for the 2009 FIFA Confederations Cup such as the provision of call centres and social workers on call, as well as places of safety and child friendly zones at fan parks. However, these measures are largely focused on stadia, effectively not addressing many other risk areas.
International attention can therefore boost local efforts and put a spotlight on social issues. There is a strong need for the inclusion of the protection of children in mega event legacies and can be done through better coordination, higher awareness levels, improved institutional capacity and sustainable prevention mechanisms, particularly in developing countries.
Mr Mthobisi Mkhize, Chief Executive Officer: Umvithi Youth Development Consultants posed the question on the accommodation of the youth in the process of planning This is a key question to answer as the development of the youth could potentially contribute to the sustainable legacy of mega events. This is especially so in rural and disadvantaged communities in South Africa. Such development programmes and initiatives could positively affect social cohesion among these communities, while creating awareness and encouraging community involvement. Ongoing youth development projects and partnership campaigns could assist in the development of 'Ubuntu' or unity of the community, as well as being tools for poverty alleviation?
Umvithi Youth Development consultants believe that a potential state of social cohesion in South Africa is still being challenged by ignorance and loss of cultural values and as a result of the introduction of practices such as information technology, and unequal means of living. In this sense, the youth are seen as an offspring of a developing and growing nation, without which there would be no future. However, the youth need to feel a sense of pride and ownership of their cultural values so as to see a need to hold on to them for the future.
Strategies and approaches need to be designed in order to restore the lost values among the youth and need to be common to all means of tourism development. This commonality will unite all youth, despite their background or environment. Arts, culture and humanity have been identified as three key aspects in highlighting this commonality while embracing differences. These aspects need to be introduced from infancy and be woven into our daily practices in order to instil a sense of pride and guide a nation into the future.
Professors Maening, Tilley and Baade argued in their joint paper that when preparing to host a mega event such as the likes of the Olympic Games and the FIFA World Cup, promoters ensure all parties involved are aware of the numerous benefits that hosting such an event could bring to the host nation. However, calculations that have been done to support these benefits very often overstate the positive and often don't accommodate for undesired effects. New studies have emerged that take into account wider socio-economic effects of these mega events so as to account for their impact on a country's whole economy. These studies go beyond traditional indicators, tourist arrival figures, lengths of stay and expenditure to also look at the impact of displacement and crowding-out effects. There is a need to combine these studies into one useful methodology for policymakers. This paper looks into key findings and methodologies of these studies as a unique framework for tracking larger tangible and intangible impacts in light of the 2010 FIFA World Cup.. The proposed goal is to ultimately develop a model to be used as a more accurate tool for decision makers and planners of mega events.
Economists are constantly trying to improve the methods they use to measure how such events impact the economies of nations. Analyses are usually down through either a prospective analysis or a retrospective analysis. Both analyses have their own associated limitations. Prospective analysis is essentially a prediction of the impact of an event. This is hazardous as there is no good model for predicting or understanding how urban economies work. There is also no such model to analyse mega events, which is probably due to their relatively small impact in comparison to the large and diverse urban economies in which they take place. The task for the economist then is to find the proverbial 'needle in the haystack'. Part of the problem of prospective analyses is that the models used to calculate these impacts are somewhat primitive and lack depth. Gross spending analysis thus limits this problem even further. Net spending analysis is recommended in order to take into account not only the additional spending that occurs but also the spending that is replaced. These first round errors are then compounded when a multiplier is fixed to the first round impacts which results in estimates that are far off the mark. Some of these first round problems include spending of non-residents, spending of residents, opportunity costs, infrastructure costs, financial inflows and outflows, and contingent valuation (i.e. psychic changes such as quality of life).
Retrospective analyses refer to 'after-the-fact' impact analyses. Once again, mega events are small relative to the economy so teasing out what it really is that was impacted by the event becomes complicated. Another problem is that statistical significance or confidence intervals discussions aren't effectively communicated when deciding on how much government spends on such events. The specification of dependent variables is a tough task and needs to be better specified.
When considering strategies for reasonable estimates of economic impact, one of the most important initial steps is to reduce the size of the 'haystack'. Tax data on smaller areas in this regard is particularly useful in working with a smaller 'haystack' and allowing the identification of some issues that would otherwise not be possible. However, impacts may well be beyond the traditional economic impact indicators that economists look for and the importance of contingent valuation is growing.
A key challenge for economic policymakers and planners is to translate the academic work of economists into useful policy making to maximise the benefits of these events. In South Africa, it would be important to probe and explore the impact on the whole country and not just the immediate tourism sector as there is a big question about 'who gets what' in terms of what these mega events are actually doing for South Africans at large. Both direct and indirect country-wide impacts are also important for these evaluations. The intangible and 'feel good' aspects of such assessments are often not accounted for but form part of a more holistic evaluation. All these aspects would then need to be combined toward a holistic national strategy for mega events.
The proposed study based on this body of theory would thus take a look at 2010 FIFA World Cupâ data on five of the provinces that are directly involved in the events, including host cities and non-host cities. The legacy of past events hosted in South Africa would also then paint a bigger picture as to how these events were run and the impact that they had.
Tourist arrivals, stays and expenditures.
Hotel occupancy (predicted vs. actual).
Aggregate consumer spending (taxable sales).
Changes in consumer spending (displacement).
Geographical spread of tourist.
GDP, GGP and income generated for host cities (legacy growth).
Employment (short and long term).
Costs of living and property prices.
Public expenditures and opportunity costs.
The intangibles or 'feel good' aspects.
Mr Johan Fourie and Ms Maria Santana-Gallego explained that the literature around mega events points out the growing appeal of hosting mega events due to their perception as a truly global experience and their potential to provide lucrative opportunities for countries. However, scholarly interest since the 1990s has been less enthusiastic about the possible returns for countries where ex-ante and post analyses indicate an overoptimistic prediction of these benefits. If countries don't actually benefit as predicted or expected, why do they still bid to host these events There is a growing body of literature that indicates countries bidding for the purpose of the 'feel good factors' or accredibility for international trade. Many countries have actually benefited significantly from merely bidding without having to carry the immense financial costs of hosting the event. Mega events nevertheless, present a very rare opportunity for many host cities and although the associated benefits may seem lucrative, the fact that countries even decide to bid for them indicates that the net benefits by far outweigh the costs?
This study uses a standard gravity model of bilateral tourism flows between 134 countries from 1995 to 2006 in order to measure one of the most direct benefits derived from such events, the increase in tourist arrivals to the host country. Predictions and expectations that such an event will increase tourist arrivals are put into question by a growing body of literature which points out the need for a careful look into possibilities of tourist displacement. Such displacement refers to 'regular' tourists that change their behaviour during a mega event by changing their trips to either a different location or time, which may effectively result in a net tourism gain or net loss. The results of the study suggest that the net gain (size of displacement) is dependent on the type of mega event (not necessarily size), the participating countries, the host countries level of development, and a number of event specific factors.
Mega events that were included in the analysis included the Summer Olympic Games (SOG - 1996, 2000, 2004), Winter Olympic Games (WOG - 1998, 2002, 2006), FIFA World Cup (FWC - 1998, 2002, 2006), Rugby World Cup (RWC - 1995, 1999, 2003), Cricket World Cup (CWC - 1996, 1999, 2003), and the British Lions Tour (Lions - 1997, 2001, 2005). The baseline estimates for the effect of mega events on tourist arrivals showed an overall increase of 8% in tourism. However, there were many variations both between the mega event categories and within them. The SOG increased tourism by 15%, the FWC by 10%, the CWC by 14%, and the Lions tour by 15%. The WOG and the RWC however, indicated a decrease in tourism by 5% and 9% respectively. The decrease caused by the RWC was due to data problems for the 1995 RWC. Even variations within the categories varied where the SOG for instance, indicated a decrease in tourism for the 2004 games in Athens of 30% in the same year of the event, which could be detrimental to a country's tourism earnings and the industry as a whole.
The effect of participating and non-participating countries also showed significant differences. Where participating countries increased tourism to the host country by 24% on average, there was no significant difference by non-participating countries. Thus, it is important to think about the nature of the event and which countries it is likely to attract to the host nation prior to bidding for the event. This could present an opportunity to grow existing markets and be exposed to new potential future markets. The question of significant impact as a mega event bid winner or loser showed strange results where there was very little significant statistical variation and needs to be looked at in greater detail. The difference between tourist arrival impacts from mega sporting events and other mega events (i.e. trade fairs, international summits and UNWTO meetings, etc) indicated that the 2002 WSSD (World Summit of Sustainable Development) for instance showed a 10% increase and UNWTO meetings showed a 28% increase.
Mega events by and large increase tourism but there is still little evidence of the effects of displacement or crowding out of 'regular' tourists. There are also large differences between these mega events which depend on the country's size, the size of the event, timing, and the participating countries. There is also some evidence that mega events act as a signal for some countries and that non-sport mega events may actually have a similar impact to sport mega events.
Mega events form a key part of the whole concept of a destination, as well as its management and competitiveness. Such events present the opportunity for innovation in competitive strategies and can ultimately contribute to the success and sustainability of a destination. The useful insights and indicators provided by impact assessments are critical to the management and sustainability of these events and their host destinations. The destination management organisation of the province of KwaZulu Natal in South Africa, Tourism KwaZulu Natal (TKZN), conducts regular annual impact assessments for a variety of tourism-related mega events that are hosted by the province. These impact assessments determine the return on investments and provide input to guarantee continued investment and ensure the sustainability of such events. This paper provided an overview of the adopted methodologies in these assessments and how their results are interpreted and practically applied, with particular focus on the example of the Comrades Marathon. TKZN has a dedicated tourism research unit where research is done in-house with a team of part-time interviewers, trained by the TKZN researchers. A standardised questionnaire is used to test for tourism behaviour before, during and after the events. Aspects which are tested for include expenditure patterns and the perceptions of such events. Sample sizes are carefully selected to ensure results lie within the 95% confidence level and are spread as randomly as possible and conducted systematically on an hourly basis across the entire event. Appropriate statistical significance tests and other key statistical calculations such as taking the standard error of the mean in the case of expenditure data are applied to the captured data to ensure that it is appropriately analysed. The core insights that result from these studies provide the basis for recommendations which are put forward to the organisers of the event that has been investigated. Such assessments can empower organisers to make decisions to improve the nature of their events. The impact assessments of each of the province's major annual events are done on an annual basis to ensure that the province has tracking data for the measurement of the development of such events.
The Comrades Marathon is one of the oldest and largest ultra marathons in South Africa and the world. It covers a distance of approximately 90km began in 1921. This year, the 85th running of the marathon will see a total of 20 000 runners where only a mere 34 runners ran the first marathon in 1921. TKZN's objectives for the study were to ultimately improve the profile of the Comrade's brand, increase the number of domestic visitors from outside of KwaZulu-Natal, increase the number of international visitors, increase visitor spend, and increase their length of stay. The questionnaires therefore set out to distinguish between visitors and locals, and to determine where the respondents stayed while attending the event, how many people were in the respondent's immediate group, their primary reason for attendance, how they travelled to the event, what influenced their decisions to attend, whether they had attended previously and if they would attend again, to obtain their profile and spend information, as well as to determine brand recognition.
A sustained level of participation is a key factor in the sustainability of the event. Sustained and even increasing levels of participation is also healthy from a tourism perspective. The year 2000 saw 23961 runners and this gave an indication of the potential number of domestic visitors that could be attracted by the event. The domestic participant numbers in 2005, however, were far below the 2000 figure and marketing campaigns were launched to encourage participants to attend the event and to stay longer to see other parts of the province. Central Gauteng has also emerged as an important source of participants, which is important for future domestic tourism. All of the provinces, with the exception of the North West Cape have shown a decrease in participation in 2009 when compared to 2005. All this data assists in planning strategies to increase the number of participants in the race. Milestones in the event's history can also be used as part of the marketing strategy to attract more runners to the event.
A need was identified to internationalise the profile of the event. The event was then marketed at international events such as the New York, SÃ£o Paulo and Bombay marathons. The Comrades Marathon Association (CMA) also has ambassadors in 9 countries, namely USA, India, Australia, Canada, France, Brazil, Japan, Germany and Scandinavia. Promotion of the event in Kenya also has to be done. The results of these campaigns indicated an increase of international runners of 79% in 2008 and a further 11% in 2009. This drive to increase exposure internationally to increase international participation has ultimately benefited both the race and tourism.
The economic impact of the Comrades Marathon is only one among other considerations such as social, cultural, physical, psychological, tourism and commercial and political impacts. However, economic impact forms an important part of informing DMO, organiser and investor decisions with regards to supporting such events. The average total spend by participants and spectators is one aspect that could be useful in this regard whereby a fluctuation in average spend could indicate some area of concern or possibly an opportunity for improvement. Direct and indirect spend could also provide valuable insight, which was the case of the Comrades Marathon.
It is clear that event organisers and DMOs can mutually benefit from such assessments in working towards more sustainable events. The Comrades Marathon is an example of how these assessments can be done and applied successfully. These assessments also need to be collaborated in order to feed into bigger, perhaps even national studies.
Ms Adrienne Harris looked at the role and benefits of mega events on small businesses. Small businesses do not currently benefit from such events. The 1995 Rugby World Cup, the 2002 World Summit on Sustainable Development (WSSD) and the 2003 Cricket World Cup, for instance had no real impact on small businesses. Accommodation was snatched up by bigger suppliers, little to no tour packages were sold and foreign visitors opted for international brands. Therefore, these small establishments need an opportunity to play in the same arena as their larger counterparts. This could be done by linking them to official websites of these events so as to increase their share of visitor spend.
The 2010 FIFA World Cupâ has created much buzz around opportunities for small business. These include promotions and co-promotions with sponsors, product licensing for merchandising and the provision of services, etc. However, this has not been the case in reality. A tour operator for instance, has to pay US$35 000 up front just to register with MATCH, which is often an impossible task for small businesses. The Cape Minstrels who run their annual festival in Cape Town and have done so for about 100 years, have been kicked out of their training stadium at a loss of R200 000 because they might damage the pitch.
There has been a half-hearted attempt to do something about the issue of accommodation from small businesses. There was an agreement between MATCH and the Minister of Tourism and the Tourism Enterprise Partnership (TEP) was also involved in signing up small accommodation businesses. Even sponsorship for the improvement of grading has been implemented. However, many of these businesses required substantial upgrades and are now left with enormous loans to pay. MATCH has also already given back rooms and the small businesses were the first to go. Even, Zakumi, the mascot is being produced in China. The production of the mascot could have provided the opportunity to small enterprises and could have also been part of government poverty alleviation initiatives.
Thus, there are very limited benefits to small businesses. There is still the possibility of sub-contracting from large operators for tour guides and transport providers for instance. There are also opportunities for food and beverage outlets but not within the exclusion zones around stadia. There will also be limited craft and curio opportunities. Indirect benefits include improved infrastructure and increased money flows into the economy.
The question raised, why should we even care about small businesses In South Africa, they account for approximately half the formal jobs in the private sector where more than 95% of all tourism businesses are SMMEs (Small Medium and Micro Enterprises). They contribute about 37% to the GDP and are ideal for the upliftment of the historically disadvantaged. And why do small businesses not benefit Essentially big events are big business. There is no capacity to organise a number of small units to unite to benefit from such events. There is also concern over the quantity, quality and reliability of the products and services produced by small businesses. Research conducted by TEP indicates that 84% of SMMEs can in fact provide services for 2010 but approximately 50% of the potentials need help to get there?
The ultimate question is 'should small businesses benefit from mega events or should they rather concentrate on more suitable events such as festivals' And if so, who should play the coordinating role The creation of a small business support unit to liaise between local organising committees and small businesses is suggested here. Such a unit could collectively harness the offerings of small businesses so as to benefit from such mega events, while meeting the requirements of organisers. There is thus a need for focused strategy and extensive research into the matter. Perhaps even a unified approach to bidding where small businesses are included in the process would be beneficial to all?
Mr Serkan Berber, Lecturer: Anadolu University in Turkey noted that few studies on mega events have focused on the "second tier" international sport events in order to understand participant consumption patterns and impacts. This study examines the World Universiade Summer Games in two different countries, Belgrade, Serbia and Bangkok, Thailand. The Universiade is one of the world's largest multi-sport events. In 2009, 8 600 athletes from 128 countries participated in its 25th anniversary. A profile of the participants of the 2007 and 2009 games was generated to reveal and compare their consumer behaviours over time and in the host cities. A total of 441 surveys were completed by participants on-site at the 2007 games in Bangkok, and 227 in 2009 at the Belgrade games.
The 2007 and 2009 participants were statistically similar in profile, whereby the average age was 27.5 years in 2007 and 26.81 years in 2009, with approximately 60% males and 40% females. The length of stay was 12 nights in 2007 and 13 nights in 2009. The travel party included on average 3.75 other persons travelling in the travel party at the Bangkok games, and 2.2 persons in the Belgrade games. Approximately, 69% of respondents were athletes, with the rest being made up of coaches (10%), officials (12%), medical personnel (4%), and others (5%). In terms of race, the participants were made up of 68% Whites, followed by Asian (12%), Black (11%), Latino (6%) and Indian (3%).
On average, participants spent €801.33 in Bangkok and €815.60 in Belgrade during the Universiades, primarily for event tickets, shopping, transportation, and other goods and services. Most lodging costs were covered by the event organizstion, national or sport federations and were not a major expenditure to participants. In terms of perceptions, 51% of participants would visit Bangkok in the future, 39.8% were unsure, and 9% would not visit again. Approximately 87% of participants would recommend visiting Bangkok to their friends, 13% would not. In 2009, less than half the subjects (49.8%) indicated that they would return to Belgrade as visitors, 5.9% would not return and 44.3% were unsure.
This study offers a glimpse at Universiade participants and their consumer behaviours. Most participants had positive perceptions of Bangkok as a host city. It was also noted that university students are not high-value sport tourists in terms of direct spend. It is suggested that researchers conduct such studies of recurring events in order to determine similarities and differences in sport participant characteristics across time and culture.
Dr Nerine Bresler and Mr Adre Mynhardt from the School of Tourism and Hospitality, University of Johannesburg shared their views on the host challenges in preparation for the tournament. Research around mega events has largely been centred on economic impacts, event benefactors, and themes around economic development, destination images and building national pride. The visitor experience however has largely been neglected. This study set out to identify challenges that South Africa faces before the 2010 FIFA World Cupâ. The research was conducted at the 2009 FIFA Confederations Cupâ by structured interviews with a sample of spectators, the integration of a variety of complementary studies and the contextualisation of international literature.
One of the biggest challenges facing South Africa is the task of delivering the desired experience. This involves a balance between the interests of divergent stakeholders. These interests include that of the event owner/promoter who provides the event as entertainment for a profit. South Africa wants to ultimately raise its profile to become a world class destination, the tourist enterprises who provide products and services at a profit and create the image for future visitation and investment, and lastly the visitor and/or spectator who creates the excitement at the event as well as the experience and future recommendations. There is also an associated risk of disappointing the visitor and incurring costs that do not contribute to growth, as well as the possibility of not reducing the legacy of Afro-pessimism.
Interest in the event and the intention to attend are generally governed by three push factors, two mediating factors and two desired outcomes. Push factors include demographics (i.e. age, education, income, gender, etc), fan motives (aesthetics, vicarious achievement, arousal and support for the national team as well as an interest in players) and travel motives (escape, socialization, learning about the host country, etc). Mediating factors include attraction to the event due to actual interest in the event, and the constraints such as risk (e.g. safety and security issues) and financial implications (price of tickets and travel, etc). The two outcomes include the desire to attend (which may not result in actual attendance due to novelty seeking), and the feasibility of attending.
Respondents (n=205) were interviewed at the stadiums prior to the semi-finals. The overwhelming majority of respondents were male (85%), and were on average aged between 26 and 35 years (43.5%). South Africans made up 18.4% of the respondents. Overall, 93.9% believed that South Africa could successfully host the 2010 world cup and 90.1% believed the matches were well organised. Perceptions were generally very positive, especially with regards to the emotional and cognitive aspects of their experience.
Negative perceptions did not indicate any new concerns but did echo the critical concerns that have been floating in the media: crime rate, the quality and efficiency of public transport, the nuisance caused by smoking in the stands and the Vuvuzelas, inadequate support for the event (empty stand and lack of volunteers), and value for money.
It is clear that there is tremendous support and belief that South Africa can in fact host this event successfully. However, it must get the basics right in order to build a lasting legacy. Benefits need to be spread geographically and branding needs to extend far beyond just the event. Enterprises should ensure that they keep their base customers happy so as to ensure long term loyalty and not to fall into the trap of a short term fix at the expense of the customer base. The ultimate winners will be those with revenue management skills.
Mr Brendon Knott, Prof Kamilla Swart, Prof Douglas Turco and Urmilla Bob were of the view that the increased attraction to the hosting of mega events has largely been due to their potential as valuable promotion tools. Sports fans and consumers are the pivotal force behind the leveraging of such events but little research has been done on them. In South Africa, the government recognises the sport tourism's potential to contribute substantially to the economy. The notion of legacy is now no longer a desired outcome but an absolutely essential priority. The key objective of this study was to understand the mega event sport tourist, but more specifically to assess tourist perceptions of China as host of the 2008 Olympic Games, and their awareness, perceptions of and intent to travel to South Africa in 2010. Primary data was collected at the Beijing Olympic Games with specific focus on football fans. 291 surveys were collected over three days.
The findings indicate that the spectators were mainly from the USA (16%), Germany (13%) and the UK (12%). Activities included traditional tourist activities such as visiting Tiananmen Square and the Great Wall, as well as general shopping. There was a relative balance in the perceptions of China where 11% felt that there were many people and felt crowded, 9% indicated that there were strict government controls visible in place, 8% acknowledged that they had a strong cultural heritage and history, and 6% considered it a developing nation. The perceptions on the event itself were generally positive where security, accommodation, transport and service were all seen in a good light. Although the environment received an above average perception, it was relatively low when compared to other perceptions. This echoed the climate change concerns that were raised leading up to the event.
In terms of awareness of South Africa, 58% of respondents knew that South Africa would be hosting the 2010 FIFA World Cupâ. The main perceptions of South Africa were balanced between perceptions of its natural beauty, beaches and mountains, and more negative aspects such as crime, violence and danger. There was a relatively high intention to travel to South Africa at 30%, while 29% said they were unsure. This opens up opportunities to turn those 'not so sure' responses into a clear 'yes' response. The length of stay ranged from 7 to 14 days and the preferred base was Cape Town.
Overall, there is reasonable awareness of South Africa as a host for the world cup and intention to travel to the country. Similar nationalities of sport tourists could provide some insight to key markets. However, there are negative perceptions such as crime that need to be addressed. There is little that is known about South Africa and thus 2010 presents an opportunity for nation or city branding. Marketing activities thus need to be improved to convert the 'unsure' tourist. The value of international academic collaborations is also noted in the effort to coordinate and align research efforts.
The role of mega-events in city development: What have we learned?
Mr Greg Clark argued in his paper that global events can accelerate the development of fast growing economies. They are an investment catalyst, and provide the opportunity for repositioning a destination. They can also present the opportunity to align a city or country's image, brand and identity with that of the event itself. Thus, competition among world class cities and large emerging economies has become fierce. However, not all bids are properly thought out. Such events should be a means to accelerate the implementation of already existing strategies better and should thus form part of the natural development cycle. Global events should therefore be 'picked' carefully in order to fit into an already existing strategy.
Every global event focuses on two tasks simultaneously. Firstly, it is the precise purpose of the event, i.e. hosting a number of sporting teams or athletes for a competition, and secondly it has a secondary or parallel purpose or task which is the benefit of the event itself that a host city or nation wants to get out of it. These two ideas are occasionally in tension. On the one hand, it may be so hard to get the transport, infrastructure, stadiums, and airports ready that no time, resources and thinking space goes on the second task. It is clear from the literature that those places that have benefited more than others have been the ones that have managed the first task sufficiently well or sufficiently discretely and so have been able to allocate sufficient attention, time, resources, intuition and leadership into the second task as well. Thus, there is a real tension about into which of these tasks resources will flow to.
Some places have really understood that at least the portions of the benefits come from just bidding. There are various places that are bidding with no intention of winning. Instead they are bidding well enough to look good, to do some infrastructure planning, do some land use assembly, re-branding, create media presence, etc. It has become somewhat of a cheaper way to benefit from just simply bidding for international events.
Time scale and life cycle dynamics are very important. The time scale and lifecycle at which certain benefits occur are completely different from the time scale and the life cycle in which the event is hosted. Most of the economic benefits of hosting an event of this kind happen in the latter part of the business cycle or even in the next business cycle. Much of the infrastructure benefits, the land use or investment benefits happen early for the public sector and very often happen much later for the private sector. Social benefits happen through the inter-generational dynamics and not immediately.
The role of cities within public finance systems within nations is particularly important. At its simplest, we are living in an age where cities find themselves increasingly wanting to raise their rate of investment in their schools, housing, infrastructure, business districts, roads, universities, etc because they see cities as units of international competition. The best way to be competitive is to invest more in the quality of their productive platform. At the same time, national governments are trying to participate in all sorts of agreed multi lateral fiscal restraints and there is a tension between what cities sees as the path to success and what nations are agreeing to the path to inter- governmental collaboration success. This has given rise to a permanent investment gap. Cities try clever ways of breaching this gap where hosting mega events is one of the ways to do this because in a brief moment of time in the otherwise complex fiscal calculus, cities become a priority for national investment. Another reason why cities want to host mega events is due to the perceived failure of other policies such as urban regeneration initiatives, or regional economic development initiatives, or labour market interventions, etc where people are looking for a different kind of 'medicine'.
So how can cities maximise the positive benefits of hosting local events The following are crucial areas of consideration?
Pick the right event - think about the breadth of the legacy.
Be bold - being imaginative.
Get the leadership right.
Bid well and with ingenuity.
Have a Plan B - having strategies for both winning and losing bids so as to move forward either way.
Accelerate existing plans and priorities.
Integrate efforts - well integrated in development, planning, branding and marketing.
Make the legacy and benefits come first - guiding driver of all decisions.
Manage the legacy as a separate project - to avoid being distracted by the event.
Make a habit of being a host - hosting more events that can increase capacity and add to the cumulative benefits.
Global events thus present an opportunity to boost city developments through increased promotional efforts and the leveraging of national resources. However, the tensions that provide different dimensions and complexities to the process need to be carefully considered.
The colloquium featured some of the most distinguished scholars in the realm of mega events and tourism who each provided insights into a range of critical dimensions of hosting such events. The most recurring and strongest theme was that of legacy.
There was a strong focus on having the right practitioners with the right practitioner focus. The capacity-building of present and future local leaders and planners is often ignored. Instead, structural issues are often paid more attention.
Global events should be part of a natural development cycle as opposed to an unrealistic 'dream' to solve a country or city's problems through hosting a mega-event.
Bidding with no intention to win has actually proven to be more fruitful to many countries and also opening up opportunities to be 'placed on the map'.
The intended legacy cannot be forgotten along the way. Despite all the hype around Mega-events, countries still need to focus on what is going to be left behind for its residents after the event and what can be built on what has been gained for the future. (such as good infrastructure, affordable housing, schools, etc).
There needs to be a movement away from just the traditional economic focus on mega-events as more attention needs to be paid to a more holistic view that includes environmental and social aspects for a potential legacy.
A good neighbour policy for the inclusion of the rest of the continent or immediate neighbouring countries is something that has been neglected.
Marginalised populations have been largely ignored in mega event research agendas and the plans for hosting such events.
Social networks provide another world of opportunity for countries even beyond mega events and need to be explored.
The role and power of mega event owners and promoters has also been put into question as the developing world sets out to host its firs FIFA World Cupâ, which will provide developing countries like South Africa to have a shot at the global arena.
The youth play a key role in the sustainability of legacies left behind by mega events. Even youth tourism has proved to be a viable option for contributing to longer sport tourism strategies.
The Deputy Minister said that the summit was not an end in itself, but a milestone for South Africa and for the international community. All the high quality inputs that were received, the presentations, the papers submitted, and the discussions on the floor will now inform a number of concrete outcomes.
One: The National Department of Tourism will compile a technical project report that collates all these source materials and expert contributions into one volume, and by way of a summary, lifts out the key themes and issues to be addressed.
Two: The valuable best practice and knowledge shared will feed directly into the 5-Year Strategic Framework for the tourism sector that the Minister of Tourism will be publishing in a few weeks.
Three: These proceedings will also underpin the important sports tourism strategy currently being finalised by the National Departments of Sport and Tourism, with the support of SA Tourism.
Four: The UNWTO will intensify its focus on sport, tourism and mega-events as a tool for development, and would suggest that they consider various proposals as part of a work stream that could include greening guidelines for mega events, a knowledge repository on the management of mega-sporting events, and a rethink on the ways of evaluating the costs and benefits of these events.
Five: The team of academics led by Professors Leo Jago and Daneel van Lill will complete a detailed report, sponsored by Visa and commissioned by the South African Government and the UNWTO that will contribute the basis of a framework towards maximising the benefits of mega-events.
Delegates also had witnessed new networks and friendships forged between industry players, academics, governments and international organisations. To South Africa - and on behalf of the government, it can be safely said, the summit opened up new networks between new friends. The wider perspective that this brings, combined with the new access to this knowledge network, will assist South Africa to do what was needed do in a smarter way.
In conclusion, Deputy Minister conveyed his appreciation to the Secretary General of the United Nations World Tourism Organisation, for co-hosting that prestigious inaugural summit in partnership with the Government of South Africa. The impact of the event would be experienced globally for many years to come.
Voluntary Disclosure Programme and Taxation Laws Second Amendment Bill, 2010, submitted by the Minister of Finance. Referred to the Standing Committee on Finance and the Select Committee on Finance.
Introduction in the National Assembly (proposed sec 77) and referral to the Standing Committee on Finance of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160, on 24 August 2010.
Voluntary Disclosure Programme and Taxation Laws Second Amendment Bill [B 29 - 2010] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33476 of 20 August 2010].
Introduction in the National Assembly (proposed sec 75) and referral to the Standing Committee on Finance of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160, on 24 August 2010.
Submission of Policy Directives issued in terms of section 79(13) of the Criminal Procedure Act, 1977 (Act No 51 of 1977) as amended by section 10 (b) of the Judicial Matters Amendment Act, 2008 (Act No 66 of 2008).
Report of the Public Protector on an investigation into an allegation of a breach of the Executive Members' Ethics Act, 1998 and the Executive Ethics Code by General (Ret) S Nyanda, Minister of Communication.
<fn>GOV-ZA.3520En.2012-02-10.en.txt</fn>
A fact sheet for health workers on the nature of cervical cancer, its prevalence, the age group of women most at risk and what can be done about it.
Cancer of the cervix is the commonest cancer amongst South African women.
One in 41 women in South Africa will develop this cancer during her lifetime.
Cervical cancer is preventable by doing cervical smears, which can detect the abnormalities preceding invasive cancer, known as squamous intraepithelial lesion (SIL) and previously known as cervical intraepithelial lesion (CIN).
Population-based screening programmes in other parts of the world have shown to reduce the number of new cases of cervical cancer, even when the programmes have been less than perfect.
Younger women often present with low grade SIL. Most of these abnormalities revert to normal on their own. Older women with abnormalities, however, are more likely to go on to cancer.
It takes approximately ten to 20 years for precursors to become invasive cancer.
Women aged 30 or more should have three free cervical smears. These should be about ten years apart. Screening has been shown to reduce the mortality from cervical cancer by 67% and is considered to be the most cost-effective option for South Africa.
If a woman has specific symptoms or a previously abnormal smear or there are clinical indications, she may have free cervical smears in addition to the three.
If a woman wants more than three routine screening smears, she must pay for the extra ones herself.
If a woman is 55 or more when she has her first smear, and that smear is normal, no further smears should be done on her.
Education of health personnel about the importance of cervical screening.
Training of health personnel in the taking of smears.
Ensuring the availability of necessary equipment.
Ensuring that good records are kept concerning the quality and outcome of smears, including a client recall system.
Follow up and referral of clients.
Educating the community about the importance of cervical screening.
Fax: 021 483 4345 madamo@pgwc.gov.
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The House met at 15:05.
What are the main obstacles that he has identified to the economic integration of the Southern African Development Community NO2658?
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): Hon Speaker and hon Bheki Radebe, South Africa has and continues to promote deepening regional integration in Southern Africa as an essential component of our wider international economic relations.
Our approach is founded on two arguments. Firstly, South Africa's stability, security and economic development cannot be assured if the region continues to confront underdevelopment, instability, poverty and also marginalisation.
Secondly, regional economic co-operation and integration offered an opportunity for regional industries to overcome the limits of small national markets and will achieve economies of scale and enhance competitiveness as a platform to participate in the global economy. We do need to acknowledge advances that have been achieved in the integration agenda.
In 2008, under the Southern African Development Community, SADC, Trade Protocol, SADC achieved the status of a Free Trade Area wherein 80% of goods are traded freely in the region. We are also continuing to work on the rules of origin, regional standards and trade facilitation that could consolidate the gains made in opening our regional trade.
However, in our view, the single most serious constraint to a more equitable and balanced flow of trade in the region remains underdeveloped production structures across SADC economies. In this context, South Africa has and will continue to advance a work programme which focuses on regional industrialisation and economic diversification.
Regional industrial policies that expand and diversify value-added production are necessary prerequisites to ensure that SADC countries are able to take advantage of market openings at the regional level. I thank you.
Mr B A RADEBE: Thank you, Comrade Deputy Minister, for elaborating when answering the question.
You have indicated that 80% of the goods flow freely within the SADC area, but as a country, we know that there are lots of subsidised goods which are dumped in the SADC countries. There are also lots of pirated goods which are dumped in the SADC countries. At the end of the day this undermines the growth of our SADC economy.
Is the department, or the countries involved in SADC, doing anything about this, like, for example, training the border officers so that they are able to screen for the goods which are dumped in the SADC region?
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): Speaker, I would like to thank the hon member very much for the supplementary question.
Indeed, we have continued to experience challenges around subsidised goods, not only on the continent, but all over the world. Hence, we are dealing with the rules of origin.
But, in relation to pirated and counterfeit products, the Department of Trade and Industry is going to launch an antipiracy campaign next month and we are going to work with the Department of Home Affairs to engage the South African Revenue Service, Sars, component of the Department of Finance, to ensure that there is border control over goods that get to our markets via our borders. A programme will be launched in September and all Members of Parliament will be informed about it. I thank you.
Mr S J F MARAIS: Thank you, Mr Speaker. Deputy Minister, you mentioned the decisions around SADC as a Free Trade Area. How far along is the government with this, and when will you implement SADC as a Free Trade Area?
Together with that, can you tell us how government sees the role of the SADC tribunal in cross-border asset disputes within SADC, such as the current land claim dispute between Zimbabwe and South African agri-investors I thank you?
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): Hon Speaker, the hon member has asked me three questions in one.
I will first attend to the issue of the Free Trade Area. I think we all know that the President was in Namibia recently, where the ministerial task force reported on the summit on the developments of regional integration. To us, regional integration cannot be imperative. Before we deal with issues of industrialisation, before we can even look at issues of the tribunal, it is very important for South Africa to concentrate on building strong regional industries. I think issues of the tribunal will be addressed as and when the report has been tabled.
On the issues of Zimbabwe, I think the President gave an adequate report of what was discussed at the summit. I thank you.
Ms C M P KOTSI: Thank you, Speaker. Hon Deputy Minister, you have mentioned how the free trade is going to take place. I want to raise the fact that there are two bodies, the Southern Africa Customs Union, Sacu, and also SADC, running the economy. In terms of harmonisation and integration, how does Sacu affect SADC as a whole How would that affect the work that needs to be done We know that there are countries who signed the Electronic Passport, ePass, with other countries. How does that integration affect that relation I thank you?
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): Thank you, Speaker. Hon Kotsi, you have has raised a very important question about how the ePass is affecting our regional economies. As you are aware, South Africa has not signed this ePass. As a member of SADC, it is very important for us to discuss industrial harmonisation. Hence the engagement continues, in order for us to help the poorer countries to industrialise, so as to avoid the situation where there is an over dependency on our markets. There are frequent engagements on the matter.
At the last meeting Lesotho acceded that it is very important for us to hold back on the issues of the ePass until we, as SADC countries, have agreed on the matter.
We will engage the Common Market for Eastern and Southern Africa, Comesa, for instance, in order to have the entire continent, not only the region, harmonising its trade. I thank you.
Mr A P VAN DER WESTHUIZEN: Thank you, Speaker. Hon Deputy Minister, you have now dealt with the obstacles to the economic integration of SADC. If we understand the obstacles so well, why has South Africa's role in driving the previously much-acclaimed New Partnership for Africa's Development, Nepad - which is another initiative of regional integration - lost so much steam over the last two years I thank you?
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): Hon Speaker, this is a normative statement; it's not based on facts. We have not yet lost steam. South Africa is keen on engagements. Hence, the Minister of Trade and Industry has been engaging individual countries to try and solve this matter. I thank you.
Whether the impact of job losses, especially amongst the youth, has had any effect on his department's position on the intended wage subsidy mentioned by the Minister of Finance in his February 2010 Budget Speech; if not, (a) why not and (b) what is the position in this regard; if so, what are the relevant details NO2631?
The MINISTER OF LABOUR: Speaker, young people have been disproportionately affected by the global crisis that broke out in 2008. Its effect is so serious that, unless action is taken, the situation of youth unemployment can become untenable and put social cohesion at risk. In some circles this problem is often colloquially referred to as the greatest ticking time bomb.
According to the latest Quarterly Labour Force Survey, the country's unemployment rate increased from 25,2% to 25,3% in the second quarter of 2010. This means that about 4,31 million people are officially out of work. The situation is even more serious if one takes into account that some unemployed people have simply given up trying to find work, and are referred to as discouraged work seekers.
The Organisation for Economic Co-operation and Development's inaugural economic survey of South Africa, which was released on 18 July 2010, indicates that the country has the worst rate of unemployment amongst youth between the ages of 15 and 24 when compared to all the countries surveyed. Racial disparities further compounded the matter, with 53,4% of all young black Africans between the ages of 15 and 24 being unemployed by the end of 2009. This is three times worse than the unemployment rate of 14,5% for young white South Africans.
Young people who lack general or vocational education and work experience are especially vulnerable to the crisis, and many young people who are employed are overqualified for the jobs they perform.
As part of our intervention to alleviate youth unemployment, we introduced apprentice learnerships and internship allowances as a means of subsidising learners while they undergo training under the Basic Conditions of Employment Act. The employers also received tax allowances under the Income Tax Act administered by Sars. People who participated in the training of unemployed people also received a daily allowance. These allowances have since been transferred to the Department of Higher Education and Training with the Skills Development Act functions.
To the last question, my answer is no, because the tax system falls under Treasury, not under the Department of Labour. Thank you.
Mr I M OLLIS: Speaker, I would like to thank the Minister very much for his words of encouragement for the youth.
However, the ANC's youth wage subsidy seems to be a lot of talk and not a lot of action. We are concerned about that action. When are we going to take action and make that subsidy available And how much will that subsidy be per person?
Almost one million people have lost their jobs, and many of those are young people. The ANC seems to have given them false hope with this scheme. Only a few thousand people were retrained under the Training Layoff Scheme, and only a few were employed for very short periods of time under the Expanded Public Works Programme. We believe the ANC has failed the youth of South Africa in this way. They have been waiting since February when we heard about it in the Budget Speech. When are we going to have that and how much will it be per person Thank you?
The MINISTER OF LABOUR: Speaker, I hope, wish and pray that the Minister of Finance, who presented the Budget in February, when he next does so, on page 48 of his Budget Review, will write "the ANC", because I'm trying to see where the ANC's name appears. I thought this was a way of incorporating anybody. I'm sure you understand where the ANC stands about the number of things, including myself as a member of the SACP.
The tax system can be used to encourage employment. The progressive structure of personal income tax and taxable allowances of up to R30 000 at the start and completion of learnerships, already provides incentives that support job creation.
And this is on page 48 of the Budget Review 2010. You asked how much. It is stated here. [Applause.
Mr N SINGH: Speaker, I would like to thank the hon Minister for the answer.
I think there were some alarming statistics revealed, hon Minister, with regard to the rate of unemployment, especially amongst the youth.
What I would like to know is if the Minister of Labour believes that the measures that are being put in place to ameliorate the parlous position that the youth find themselves in, will achieve positive results in the near future. Thank you.
The MINISTER OF LABOUR: Speaker, I'm happy that the hon member asked me that question because it is like asking me whether I have hopes of going to heaven. My answer will be yes, because I must peddle hope all the time, my brother! There is no way that I can say they will not bring about positive results. Certainly, there will be positive results! [Applause.
Mr D A KGANARE: Thank you, Speaker. Hon Minister, the problem of unemployment is also exacerbated by employers who are very ruthless in the manner in which they employ and exploit illegal immigrants. If you consider restaurants, you will find that a lot of illegal immigrants have been employed by the restaurant owners, who pay them peanuts. As a result, that also contributes to the problems of this country. In this instance, the culprits are really the employers.
So, what I would like to know is what your inspectors are doing to try to get rid of these ruthless employers.
The MINISTER OF LABOUR: Speaker, the Constitution of the Republic of South Africa, on page 7, the Bill of Rights, section 9, states that everyone is equal before the law and has the right to equal protection and benefit of the law.
If you look on page 10, section 23 at the section that deals with labour rights - which I drafted with hon Mbhazima when he was still a member of the ANC - you will find that it states that everyone has a right to fair labour practices. Every worker has a right to form and join a trade union.
Therefore, I agree with you that employers who treat those who come from other countries in the manner you have described, are wrong and are violating the Constitution. All that we can do with such employers is to throw the rule books at them. We prosecute them and there is nothing else that we can do. We have to do so because they are promoting xenophobic tendencies and that must not be allowed. [Applause.
Mr L RAMATLAKANE: Thank you, Speaker. Minister, following your response, we all understand the problem regarding youth unemployment. The Budget book has, in fact, stated all the obvious.
The question I want to ask concerns the work that has been done before by the Department of Public Works. The department tried to capture data in respect of all youth unemployment with a view to, as a holding arrangement, putting the unemployed youth into the department to create jobs and skills.
The question is how many of those youth, whose data has been captured by the Department of Public Works before, have already been processed in terms of their skills and reskilling processing?
The MINISTER OF LABOUR: Speaker, I doubt whether the Minister of Public Works is sitting here. I will ask him as soon as we finish here as to how many he has captured, then I will come back and answer the hon member.
Mr M J ELLIS: Mr Speaker, on a point of order: Is it appropriate that the hon Minister of Labour ducks behind the Constitution, the Minister of Public Works, heaven and somebody else - the Minister of Finance - in order to answer his question Wouldn't it be more appropriate, Sir, if, in actual fact, he answered the question himself in his own words, rather than appealing to all these other people to assist him?
The SPEAKER: I don't know what that point is, hon member, but it is certainly not a point of order.
Mr J H VAN DER MERWE: Speaker, on a point of order: The hon Minister has said that he is going to heaven, but does he know that they don't allow communists there [Laughter.?
The MINISTER OF LABOUR: Speaker, all I know is that communists are allowed in heaven because they are believers. Only atheists are not allowed in heaven. [Applause.
The SPEAKER: On that happy note, with all of you going to heaven...
An HON MEMBER: They don't want to go!
The SPEAKER: We move on. I have on my list that the next department will be Trade and Industry. Apologies hon Minister, you will still go to heaven. Question 139 has been asked by hon Radebe to the Minister of Trade and Industry, and the question will be responded to by the hon Deputy Minister.
What were the positive outcomes for our economy of the Global Business Forum that was held during the 2010 Fifa World Cup Soccer tournament NO2661?
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): Hon Speaker, since 1995 the Global Business Forum has convened the heads of global business, chairmen, presidents and chief executive officers, CEOs, of the world's largest companies to engage on the dynamic frontiers of international commerce.
From 26 to 28 June 2010, at a time when the eyes of the globe were on South Africa for its historic moment in the world of sport, the Global Forum gathered global leaders in Cape Town to focus on substantive issues and opportunities in the developing world.
It was the first time the Global Forum - which was started by Fortune - was hosted in Africa, and it was also the first time it was cohosted by Time and CNN. For Cape Town, the experience was enhanced by including Time 100 honourees, the world's most influential people from the highest ranks of government, science and technology, business, sports, media, entertainment and nongovernmental organisations. Their participation yielded rich insights into the broader interdisciplinary context in which today's global companies are operating.
This year's event was opened by the South African President, Jacob Zuma, who addressed the forum live via satellite from the G20 summit in Toronto. It attracted very high profile participants such as former United States President Bill Clinton, Irish President Mary Robinson, social activist GraÃ§a Machel and CBS Evening News anchor Katie Couric, as well as a range of influential business people including DuPont chief executive officer Ellen J Kullman; Jim Walton, president of CNN Worldwide; Enrique Salem, president and chief executive officer of Symantec; Royal Dutch Shell chief executive officer Peter Voser; Sports Illustrated group editor, Terry McDonell; and Fortune managing editor, Andy Serwer. Archbishop Desmond Tutu closed the historic event by offering a benediction and issuing a challenge to participants to look at driving growth and investment in Africa and the developing world.
This event was unique in that it was the main event taking place in South Africa as opposed to being a regional breakaway, and allowed some of the world's most influential business decision-makers to visit the country for the first time and see the opportunities that South Africa and the continent offer. It also offered unprecedented and intimate networking with South Africa's top business luminaries including intimate dinners in the private homes of South Africa's most distinguished citizens. The event received focus coverage by Time and so on, as well as the international media.
With the Minister of Trade and Industry undertaking more than five interviews in a two hour session [Time expired.
Mr B A RADEBE: Hon Speaker and Deputy Minister, I think we have to acknowledge that the business forum was one the most successful ever held in the world, and this gave an opportunity to the South African business leaders and those of the largest companies in the world to network. Is the department considering the creation of a formal and permanent relationship between the stakeholders so that things like these annual events can be diarised so as to expose Africa forever to these people Thank you?
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): Speaker, it is actually the role of government to ensure that such investment business meetings occur annually. Based on the availability of a budget - and I am looking at the Minister of Finance - I hope that when we speak to him, he will allow us to host this event annually. I thank you.
The SPEAKER: I have on my list the following speakers: hon M E Mbili, followed by hon A P van der Wes and the last question goes to hon C M P Kotsi, in that order. Hon Mbili He probably raised his hand and disappeared before the answer was given. We go to the next speaker on my list, the hon A P van der Wes?
Mr A P VAN DER WESTHUIZEN: Speaker and hon Deputy Minister, the theme of this conference was "The New Global Opportunity", and it focused on the challenge for governments to create opportunities for economic growth and activity. Yet it seems that some regions in South Africa offer more opportunities for entrepreneurs than others. Why is it that a region such as the Western Cape has recovered faster from the recession than all other provinces As you know, employment figures for the Western Cape have been growing while those of all other regions have been shrinking during the first half of this year. Thank you?
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): Hon Speaker, the hon member is...
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): asking me a common sense question. The regions in the country are not equally benefiting from the economy of the country because of development. If we narrow demand, the Western Cape attracts more tourists than any other destination in South Africa...
An HON MEMBER: Why?
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): because of the natural resources we possess in the Western Cape [Interjections.] ... which we don't have in the Free State, for instance. So, it is a given. It is not because of the DA-led government that you are doing something unique; it is by coincidence that you happen to lead it.
But, South Africa's got the potential in all regions to attract more investments. We are working on that as government, hence the Industrial Policy Action Plan, Ipap 2, is very clear on our strategic approach. Thank you very much. [Applause.
The SPEAKER: We thank the hon Deputy Minister. The previous speaker was hon Van der Westhuizen and not Van der Wes. His name was cut off from my screen. I extend my apologies.
Ms C M P KOTSI: Thank you, Speaker. Hon Deputy Minister, what long-term investment from the manufacturing sector is likely to result from this gathering, and has any approach been made to the government by any of the investors in this regard Thank you?
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias): Thank you, Speaker. Hon member, I think our Ipap 2 document elaborates on our manufacturing strategy, especially our approach in the automobile sector. Part of what we will do as a priority is to ensure that our textiles and clothing are maximised, and we will attract more investment by going on business delegations and requesting foreign direct investment in these particular sectors. So, this is work in progress. I want to urge the hon member to give us an opportunity to work on this programme and to evaluate us at a later stage. I thank you.
Whether he has made an assessment of the contribution of transport to the successful hosting of the 2010 Fifa World Cup Soccer tournament; if not, why not; if so, what lessons has he drawn from his assessment NO2666?
The DEPUTY MINISTER OF TRANSPORT: Thank you, hon Speaker. The full assessment of the role that transport played in the wonderful success of hosting the 2010 World Cup is a process which we are still completing. As we speak today, there is a workshop, debriefing session, of the Department of Transport, relevant agencies and all of the host cities which will result in a comprehensive assessment. Of course, the assessment has been ongoing, and was ongoing in the course of the hosting of the event itself.
First and foremost, I think the basic thing to say is that, despite a great deal of scepticism before the hosting of the 2010 Fifa World Cup, transport really came to the party. I think it contributed very actively to the tremendous success of the 2010 Fifa World Cup.
We are using the World Cup as a catalyst and have refurbished and produced new stations: King Shaka, Moses Mabhida, Century City here in Cape Town, Doornfontein and many others.
Our airports are looking fantastic, particularly the big airports. OR Tambo International Airport had a major refurbishment, Cape Town International Airport as well and of course, the brand new airport at King Shaka.
Gautrain - the very first leg of Gautrain between Sandton and the airport - is proving to be hugely popular and a great success. We look forward to the completion of the other legs.
I think what is also very important is to say that the success was possible because the state, in all three spheres, led the process, but success would not have been possible without also the co-operation of our partners in the private sector.
I would like also to take the opportunity to salute the role of the SA Bus Owners Association, Sabowa, which played a great role in assisting us and worked very closely with government. Also, the minibus sector - we often blame the minibus sector, sometimes with good reason, but I think they also came to the party. Hopefully they made a lot of money out of the process, but they also co-operated very effectively with us.
The BRT, Bus Rapid Transit, system's Rea Vaya proved its worth in the course of hosting the event in Johannesburg. The very first beginnings of a BRT system here in Cape Town, with MyCiTi, has also begun to be rolled out. There is the Gauteng Freeway Project and many other things.
Transport is not just about vehicles, it is also about mobility and access. I think one of the wonderful things that happened during the World Cup was that people discovered their cities and the possibility of using public space democratically, nonracially, deracialising our public spaces and just walking in our cities. For instance, the Cape Town Fan Walk was one of the great successes of 2010, because people moved about their city. We also need to regard that as part of transport.
Perhaps that is the real achievement. We need to ask not just what transport contributed to the World Cup, but what the World Cup contributed to transport. I think the big thing has been a change in attitude. We are seeing members of the public who are not used to or have never used public transport beginning to discover the realities, possibilities and the democratic pleasure of travelling with a variety of South Africans in a common form of transport.
These are some of the fantastic gains: the contribution that transport made to hosting 2010, but also some of the things that hosting it has contributed to transport, going forward in South Africa.
Mr N E GCWABAZA: Thank you, Speaker, thank you, hon Deputy Minister. Can the Minister confirm that the lessons drawn from the successes of transport in contributing successfully to the World Cup are also going to contribute to the implementation of the National Transport Master Plan, Natplan, 2050, going forward?
The DEPUTY MINISTER OF TRANSPORT: Speaker, Natplan is the National Transport Master Plan. It consists of research with comprehensive data about traffic flows and so on. It's not really a programme for the transformation of transport and public transport. It's an information base. It has not yet gone through Cabinet, nor has it particularly gone through the Department of Transport.
The lessons drawn from the World Cup are certainly the lessons that we will actively apply, because this great spirit and approval and public support for public transport will wither unless we use the momentum that we've now built in the course of the World Cup to really begin, for instance, to implement effective public transport, but also to change, deracialise and democratise our public spaces, our towns and cities.
It is not just the Department of Transport, but government and all spheres of government that need to draw lessons and really move forward. Otherwise, what was good about the 2010 hosting will be forgotten and we will fall back into our old cynicism and our old separate ways.
Perhaps the key lesson was the importance of the municipal sphere. One of the big challenges of this World Cup - unlike other World Cups - was that we had nine host cities. Fifa was very sceptical about our ability to host in nine separate cities and to move fans across quite a large country.
I think that the key contribution of cities - all of the nine host cities - to planning, regulating and implementing effective public transport is an important lesson. So, appropriate devolution is a very important component of providing and maintaining decent public transport. That is a big lesson that we have learnt.
The SPEAKER: We thank the hon Deputy Minister. I have a long list here, but I will only take three more speakers. These are hon B E E Molewa, followed by hon S B Farrow and the last speaker would be hon Lucas, in that order.
We seem to have lost the hon Molewa. We'll then move on to hon Farrow.
Mr S B FARROW: Thank you very much, Speaker. Nobody can doubt the contribution that transport made to the successful hosting of the 2010 Fifa World Cup. Over R13,6 billion was spent, excluding Gautrain, the airports and the Gauteng Freeway Projects.
If one lesson can be learnt, Deputy Minister, it has to be the isolated case of the unannounced and unplanned arrivals of aircraft at King Shaka on 7 July. My understanding of aircraft movements worldwide is that, prior to departure, a flight plan is lodged with the airport control tower who, in turn, then duly informs the destination or the airport of destination of the estimated time of arrival, and slots are given, etc.
How did this happen then that unscheduled aircraft landed there and were given preference over scheduled aircraft, resulting in hundreds of fans not seeing their teams play Do we know who is responsible for this mess-up, and will the department be conducting an investigation into it, to ensure that, if we are going to have future events like we had now, that this will not repeat itself?
The DEPUTY MINISTER OF TRANSPORT: Speaker, I would like to thank hon Farrow. I was hoping that someone would ask this question. It is important that we don't just look at the good things, but also take note of some of the challenges that we had in the course of hosting the World Cup.
Yes, indeed the problems at King Shaka International Airport were caused not by unscheduled or nonscheduled flights that didn't have flight plans, but by a backlog that built up as a result of the semifinal being held here, the evening before, in Cape Town. A whole host of VIP jets - basically business-type jets - left Cape Town International Airport late, and therefore arrived late at the other end, at King Shaka Airport. This thing caused a problematic knock-on effect.
Basically, as the hon member correctly says, schedules or flight times were allocated to these aircraft, but the VIPs involved failed to pitch up in time and flights were delayed by a matter of an hour, two hours and so forth. I think that the Air Traffic Navigation Services, ATNS, Airports Company SA, ACSA, and the responsible authorities were faced with a predicament: They could block those VIPs - some of them from Fifa, for instance - from flying and attending, but that would have created an international scandal, in that it would seem that we were not able to provide transport to them.
We had hoped that we could then still be able to slot in these scheduled aircraft - SAA, SA Airways, and others - flying from, for instance, Johannesburg into the airport.
This problem was then compounded by the fact that, apart from leaving late and therefore causing a backlog, there was also a defiance of instructions from the airport to move the aircraft from King Shaka to the old Durban International Airport. There was basically defiance in some cases.
Then there were attempts to shift some of those aircraft off onto another section to create space in the airport, but the engineers advised us against doing that because some parts of the very extensive King Shaka International Airport have reinforced concrete that had not yet settled. It apparently needs some six months.
So what we were using was fine, and had settled over a six months', or whatever it was, period. There were other parts which potentially could have been used, but which might then have suffered structural damage if we had moved aircraft onto them.
Also, the final problem was that the SA Air Force had declared no-fly zones over the stadiums in the course of matches, and in the period preceding and following matches as well. Because of the backlog, it then became increasingly difficult to use King Shaka Airport. [Time expired.
Mr E J LUCAS: Thank you, Mister Speaker. I must say, we all appreciate what was done and the service rendered for the 2010 Fifa World Cup. I think it has been highly appreciated. However, I must say that, after that, the transport system in Durban Metro has gone right back to where it was prior to the World Cup. And the question arises, when will the services be restored to the standard we experienced during the Fifa World Cup, so that all South Africans can benefit from it?
The DEPUTY MINISTER OF TRANSPORT: Well, I don't expect to go to heaven and I certainly don't want to go to heaven if the hon Van der Merwe is going to be there, but I certainly want [Laughter] to struggle to create a heaven here on earth, and that would include eThekwini. I would agree with the hon member that the public transport situation in eThekwini, as in many of our cities, is far from ideal.
It is one thing to provide an event-based transport system that tests your system and tests your abilities. You learn many lessons from it, as I've been trying to say. But it's another thing to make sure that ordinary South Africans from Monday to Friday, every week of the year, every month of the year, have decent public transport. We can't say that of any of our cities. That becomes the big challenge. I think that we are well aware of it, and we need to make sure that we build on the momentum that we've got. So, you are absolutely right to be critical. Together, we all need to work to make sure that, from our different corners, we ensure that South Africans have the kind of accessibility and mobility that they deserve.
Mr D A KGANARE: Thank you, Speaker. Hon Deputy Minister, in terms of the broad principles of the 2010 Transport Action Plan, you have said that you will accelerate existing transport plans and maximise existing transport infrastructure; improve public transport and promote its use; integrate existing transport services and accelerate implementation of the government's economic and sustainable development policies.
Having taken all these into consideration and acknowledging the success of the transport programme and the few logistical hitches in the air transport, can the Minister explain to this House how his department is going to integrate the Fifa transport programme to suit the needs of the South African general travellers?
The DEPUTY MINISTER OF TRANSPORT: Speaker, I would like to thank hon Kganare for reminding us of all the principles and also thank him for congratulating us. But I don't think it's the department that should be congratulated; I think all South Africans should be congratulated on the success of the 2010 Fifa World Cup, and therefore also on contributing, in one way or another, to supporting public transport systems, for instance. That's very important.
How do we take it forward Well, that's exactly what we need to do. As I said earlier, one of the key things about much public transport, not all of it, but much public transport, is that it's delivered, or not delivered, as the case might be, at the local level. Therefore, the integration of the different modes, the planning of public transport, the financing of public transport and the regulation of public transport need to be, as much as possible, located in one place?
That is something we as government are very actively pursuing in terms of, for instance, the National Land Transport Act, which envisages devolution, and also the very important Public Transport Infrastructure Systems Grant, which is a grant for cities. In the first place we were directing it largely towards the host cities.
So, I think those are the ways in which we hope to begin to transform - and we are beginning to transform public transport. It's a long way to go. We can't change public transport unless we also change the horrible apartheid space that we've still got in South Africa. We need to begin to change that, and transport is a lever to do that.
But, unless the Minister of Human Settlement begins to create deracialised cities; unless we begin to abolish dormitory townships and take work closer to people and people closer to work, public transport will always limp in South Africa.
So, it is a comprehensive effort that we require. We had a glimmer of what is possible during the 2010 Fifa World Cup, but now we need to really seriously implement all of these things. That requires all of us to work together to do that.
whether she approved this; if not, why not; if so, what are the relevant details NO2654?
The MINISTER OF PUBLIC ENTERPRISES: Mr Speaker, a debate on executive remuneration is raging internationally and locally, and it is a very welcome debate.
It is well known that the Department of Public Enterprises has set up a remuneration panel to review the salaries of senior executives and the boards at the state-owned enterprises under our domain.
I am very happy to engage in this debate. But what I find disturbing in engaging in this debate, is when people do sloppy arithmetic, just look at figures and then throw things out into the public domain. I am referring to the allegation that was put out into the public domain that an 83% salary increase was enjoyed by senior executives last year. It got corrected by Eskom. Even the media published those corrections, but it still comes up in this House in the form of a question. I asked the questioner to please provide me with the basis of the calculation, and all the questioner could provide me with was a newspaper article which predates even the correction made by Eskom.
Let me assure this House that there is no consideration of an 83% increase for senior executives of Eskom for this year. That was the question that Dr Van Dyk asked me. Let me further assure the House that there was not an 83% increase for senior executives at Eskom.
Let me explain where the confusion arose. In the previous financial year, no Eskom manager received a performance bonus. No bonus was paid out; it was withheld. There were certain targets put for senior management to achieve. Senior management achieved that target in December, and their retrospective bonus was then paid out to them in relation to that target. Therefore, when the figures were reported in the annual financial statements, two performance bonuses were recorded for that one year: One was the retrospective one and the other was for this year. What happened was that commentators just seized those figures and used them to make their calculation of an 83% increase. In actual fact, when you correct this and allocate the bonuses to their proper years, etc, you will then be faced with an 18,35% increase.
All senior executives, as is common elsewhere in all big corporations, receive their remuneration on the basis of their salary, which includes pension, medical aid, etc, and on the basis of a performance bonus. So, you have to ask questions about how much the performance bonus has increased from the previous year as well as how much the salary has increased from the previous year. What tends to happen [Time expired.
Dr S M VAN DYK: Thank you, Speaker. Minister, we got the information from the media and the trade unions. So, what you are saying here in Parliament is that the media and the trade unions are lying to the public. Be that as it may, Minister, what are the financial perks, in terms of money, of the executive members of Eskom?
Given the fact that Eskom cannot satisfy the energy needs of South Africans and the fact that the taxpayer had to absorb a 25% increase in tariffs - as I got the information - how can a R7 million remuneration package to the executive members be justified How can a huge increase of more than 60% to ordinary workers over the past four years - which is almost 40% higher than the consumer price index - be justified?
The MINISTER OF PUBLIC ENTERPRISES: Speaker, I really take exception to the notion that I am saying the media is lying. I am saying that sloppy arithmetic was done. Eskom then provided a rectification, which, Mr Van Dyk, the media carried. The media carried that rectification. If you did not pick it up or your researcher did not pick it up, don't blame the media.
Secondly, you want to know the average salary and the packages. The average salary of members of Eskom's executive in 2009-10 was R2 184 000, and includes that of executive committee members who were not employed for the full year. If the latter are excluded, then the average salary equals R2 821 000. An average of R1 001 000 was paid in performance bonuses to those executive committee members who served a full term, resulting in a total average remuneration package of R3 822 000. A total amount of R297 000 was paid in financial perks. Those financial perks refer to a vehicle-operating fleet card, security at R19 000 per annum, an annual membership of two professional institutes and a driver from the fleet pool. That is the full extent of the package to the executives.
Let me add that every Eskom employee gets a 13th salary cheque and a performance bonus. There is no Eskom employee who does not get a performance bonus. So, the notion that senior managers are the only people getting performance bonuses is completely misguided. As I have said before, the actual increase that was granted to the top senior executive committee members was 18,35%.
The unions negotiated, for this coming year, an increase of 9% together with the R1 500 housing allowance, bearing in mind that the R9 000 does not include the salary cheque or the performance 13th bonus to which workers will be entitled. Now, I do [Interjections.] [Time expired.
Rev K R J MESHOE: Thank you, Speaker. Minister, for a number of years, Eskom has consistently performed poorly and lacks the foresight required to meet its obligations as an electricity supplier. They showed their best performance when they cried "unaffordable" when unions demanded a 9% salary increase. Yet the same Eskom executive committee that cried "unaffordable" to the unions gave themselves exorbitant salary increases during the past financial year.
I heard what you said about the percentages, that is why I don't mention percentages.
While we welcome the Minister's announcement that the salaries of Eskom executives will be reviewed, what I want to know is whether the hon Minister will put a curb on the salary increases, perks, and performance bonuses that these executives give themselves and will also ensure that ordinary workers are paid well by Eskom.
The MINISTER OF PUBLIC ENTERPRISES: Mr Speaker, can I request that the hon Meshoe provides me with what he considers to be exorbitant. This is because it is no good hiding behind adjectives without giving exact figures. I say this quite sincerely. There is a serious debate about what is an appropriate executive remuneration policy for senior executives in this country, both in the public and the private sector. We need to have that debate, but that debate is not helped by throwing slogans around in which you cannot justify the basis on which that was done.
When we talk about the performance of Eskom, let us bear in mind that it is this very same government that has apologised that it placed Eskom under undue stress by not allowing it to invest when it needed to invest in power. This resulted in the power shortages that we have experienced over the past time.
Let me also just say that, in this last year, Eskom received the following awards: the Golden Key Award for Public Body of the Year, awarded by the Human Rights Commission and the Open Democracy Advice Centre; the international DuPont Annual Safety Award; the Komosa Award, as an award for creating the greatest job opportunities; the Fossil Fuel Foundation Award; the Best Deal of 2009 Award by the Global Trade Review magazine; and the Most Ideal Employer in Engineering Award, which was a culmination of a student survey conducted at 23 South African universities, and more than 26 000 students took part and voted Eskom as the most ideal employer in the engineering field.
Let us stop harping on Eskom being this complete failure. Let us acknowledge where failure took place and where government caused the failure that actually chained Eskom's hands. Let us look at what has happened since 2008. What kind of rolling blackouts have there been There have not been any. They have been managed under extremely difficult circumstances. In the two years ahead there will still be shortages in the provision of power. So, let us start engaging in this debate in a sensible way without just throwing out pejorative statements about their performance. [Applause.?
Mr L S NGONYAMA: Thank you, hon Speaker. Hon Minister, the issue I have is a question about the principle of the rollover of the performance bonus. I find it a bit strange that, if officials don't perform in year one, the bonus is carried over to year two.
The MINISTER OF PUBLIC ENTERPRISES: Speaker, let me explain that. What is not clearly understood is that executive remuneration gets determined in October and not at the beginning of the financial year. So, when you have your annual financial statements, they often reflect executive remuneration that spans two years - the previous year and the year thereafter. That is why the annual financial statement reflected it in that way, and that is where you had the addition of a previous dispensation added into the other year because it fell within that remuneration period.
The question was not that the executive did not perform, but that they wanted them to perform better. In fact, what they did achieve - which was a phenomenal achievement - was a R22 billion saving in operational costs. That actually provided them with the base to be able to provide the continuing energy provision for us in this last period of time. So, it was a significant achievement in that way.
But I do agree with you. I don't think it's an absolute ideal state to be separating these remunerations, but they just felt that they wanted to do proper performance management and to actually hold those people to account on the R22 billion.
Mr P VAN DALEN: Mr Speaker, is the Minister prepared to intervene to ensure that the top structure of Eskom does not pay themselves these excessive salaries I will qualify excessive. I think excessive is three and four times more than what the President earns. I think that is excessive, taking into account that when government tries to rationalise these excessive payments, they say you can't take all the fringe benefits into account. But when it comes to the normal person on the street, then all these things are worked in and get into a percentage that says "we are close to that". We are fed up with that. Thank you, Minister?
The MINISTER OF PUBLIC ENTERPRISES: Mr Speaker, I am losing my patience. Can I go and punch him [Laughter.?
The SPEAKER: Yes, Minister, after the session. [Laughter.
The MINISTER OF PUBLIC ENTERPRISES: Thank you. We will organise outside here and we will see who wins on this one. I am asking for reasonableness.
You talk about excessive. Mr Van Dalen, you earn a salary here. To what extent does that salary exceed the lowest basic salary in this Parliament I am not saying that the issue of executive pay is not something that needs discussion in our country. It is one of the burning debates, one of the most serious burning debates in our country. But it is not assisted when these epithets are just flung out about excessive, exorbitant and whatever, where I have taken pains to try and explain where this notion of exorbitant and excessive was actually misguided and is bad arithmetic?
The intervention that I have made is that a remuneration panel is sitting and they are about to report to me in the next two weeks on their review of remuneration policies in the state-owned enterprises under the domain of the Department of Public Enterprises. That is where my intervention will go. I will look at their recommendations - those recommendations will be shared with Parliament - and perhaps it will stimulate a debate that will take us beyond just throwing insults and epithets and just presuming that, because an executive manager earns a good salary, that then is something disgraceful, immoral and out of order.
I think we need to have these kinds of debate. But I cannot intervene in terms of saying to Eskom, "you may not pay these salaries", because that would undermine the corporate governance principles under which these institutions operate. I can give guidelines.
However, bear in mind that we are also mindful of the salaries that are paid to workers in these institutions. In Transnet and Eskom, which are two of the biggest employers in this country, a great deal of attention is paid to these kinds of salaries. You will find that Eskom and Transnet workers are probably the best paid workers in the field in South Africa at the moment. Thank you.
What has his department done to market and promote the Bloodhound Supersonic Car event to break the land speed record and (b) how will this event benefit the people of the Northern Cape and the country as a whole NO2667?
The DEPUTY MINISTER OF TOURISM: Chairperson, the response of the department on the Bloodhound Supersonic Car event is as follows. Firstly, this is not an event to which the national Department of Tourism or South African Tourism has sent in a bid; it is exclusively a provincial event of the Department of Finance, Economic Development and Tourism in the Northern Cape. We have been informed that the department had entered into an agreement to host the event, and we welcome such initiatives by provincial departments. Secondly, the second question does not apply because of the response. Thank you.
Mrs M A A NJOBE: Thank you, Chairperson. Hon Deputy Minister, although you say it is an exclusively provincial event, I think that the national department can probably take an interest and, if possible, assist in one way or another. Therefore, I will ask my question. The Black Rock Desert in the United States has become a landmark for testing experimental, fast land vehicles. It was the site of the most recent successful attempt on the world land-speed record.
My question, therefore, is: Will the Bloodhound Supersonic Car event occur annually, or, rather, should I say: Would you encourage the province to hold the event annually Will your department make any effort to attract other speed car races to the Northern Cape or, if you like, would you encourage the Northern Cape to attract other speed car races to the province Thank you?
The DEPUTY MINISTER OF TOURISM: Hon Chairperson, indeed the national Department of Tourism is geared to assist every initiative that brings in tourism to each province of the country. An initiative of this nature is, of course, going to bring international relations into the country. The first event that will take place in the Northern Cape will, of course, bring in a lot of infrastructure into the area. Definitely, it will be in our interest to encourage that it should be held most frequently. We cannot guarantee that it will be annual. But, due to the infrastructure that would have been put in place, it would be encouraged that it continues.
In each of the provinces they have identified niche markets and the Northern Cape has also identified this as part of their extreme sports. Therefore, it is one niche market that we wish to assist them to build because it is also going to benefit the whole country. Thank you.
Mr G R KRUMBOCK: Chairperson, I was relieved when I heard the Deputy Minister saying that we would not, as the Department of Tourism, be funding this event. It is apparently taking place on a dried-out desert lake in Mier, which must be the most inaccessible and inhospitable place in the entire country. But then, in answer to your next follow-up question, Minister, you said that we would wish to assist these types of events.
Now, I'm not quite sure: Are we, as the Department of Tourism, assisting this event or not I would have thought that, since we've cut the SA Tourism's budget by R160 million over the Medium-Term Expenditure Framework, MTEF, period, this is the last thing we should be doing, having spent R43 billion remarketing our country, and then cutting back our advertising budget?
So, can you give us an idea of what the criteria are that the department is adopting to actually fund these types of events or not When do we go ahead and do this When do we leave it alone and concentrate on our core business, which is marketing our country oversees?
The DEPUTY MINISTER OF TOURISM: Chairperson, as I've indicated earlier on, the province has taken an initiative. For initiatives of this nature, when provinces indicate the need for assistance - especially an immediate need - it is only then that we consider the need that has been expressed.
As of now, when they were going about making their explorations until the time they signed the agreement, there was no specific need indicated to the department. However, from the information that they sent to us, we are following up to ensure that the proper processes are followed. If there are any financial implications, it is only then that we will be able to make consideration. But, generally, the whole country is looking into how we can co-ordinate the hosting of big events in the country, and that has to be co-ordinated at a central level.
So, even at this point in time, all is not lost. We are looking at going into the details of how far they have gone, and at what stage the event preparations are. It is not necessarily linked to the budget cuts of SA Tourism. Here we are looking at a province that is hosting an event whose budget would not necessarily be located at the agency which is responsible for marketing. Thank you.
Whether it is his department's policy to treat the repair of potholes on regional roads as urgent; if not, why not; if so, how does his department deal with this issue NO2621?
The DEPUTY MINISTER OF TRANSPORT: House Chairperson, I hope that the Bloodhound Supersonic car doesn't get onto any of our roads, Deputy Minister. We have enough cowboys on the roads as it is.
Regarding the hon Lucas' question, I assume by regional roads he means provincial and subnational roads. Obviously they are not part of the national department's competence. But, of course, like all of South Africa, we are deeply concerned about the condition of many of our roads, particularly provincial and local roads. We are deeply concerned about the potholes in them. For this reason, although it is not our level of competence, we are working very closely with other spheres of government and other entities responsible for roads.
For this reason, on 24 and 25 May this year, we had a major Road Construction and Maintenance Summit, which was convened by the Department of Transport. Some of the things and resolutions that emerged from this conference were that, in terms of the maintenance of our national road network - the road network that is looked after by the SA National Road Agency Limited, Sanral - the condition of those roads is generally good to excellent, and there is no maintenance backlog in terms of funding.
But there is a very, very significant maintenance backlog when it comes to other roads. The national department, Sanral and other entities reckon it is about a R70 billion backlog. I've heard figures from our colleagues in the DA suggesting it might be even higher. The truth is that I do not think any of us are really sure. But what we do know is that there is a very significant backlog.
How do we practically begin to do something about this and not just talk about it Firstly, there needs to be much more efficient spending. Lots of money that is allocated to other spheres of government notionally for road maintenance and road construction doesn't end up as tar. It ends up as all kinds of other things and gets diverted in other directions. So, we need to be much more efficient about this?
Then there is a tussle between expanding the road system and preserving what we have. Politicians - all of us - like to cut ribbons on new roads. Therefore, that is more often sexier than looking after the network we have. To get the correct balance we sometimes do need to build new roads, but we also need to look after what we have.
Apart from the national roads system, what is lacking in our country is a basic asset management of roads. What is happening When one doesn't have a proper asset management system in place, one doesn't know what to prioritise. So, one submits to the pressures that one hears. For example, if there is a strong constituency in the bus or minibus sector, one is pressurised into doing something and does it?
This is also linked to doing the right things. Sometimes it's not the most intelligent thing to repair the most destroyed road. Sometimes it's better to begin to address maintenance issues on a road that is beginning to deteriorate because then one can, I think, get some 17 km compared to 1 km for the same amount of money that you spend looking after something that has become a dust road.
Critically, we have to begin to shift more freight loads off roads onto rail. That is why we are working very closely with the Minister of Public Enterprises and with our colleagues in Transnet to make sure that we really begin to shape up much more effectively in terms of Transnet Freight Rail. A lot of the damage being done to roads, which results in potholes, is caused by very heavy loads travelling on roads that were not designed for those levels of loads. [Interjections.] [Time expired.
Mr E J LUCAS: Thanks, Deputy Minister for the good reply. Whilst we understand that our regional roads fall under the ambit and control of the provincial government, we deliberately request the Minister to step in, because not much has been done to repair these potholes.
We are also pleased to know that there is this summit that took place because that is encouraging. We are really looking for a solution to this problem. That is why we are putting this question forward.
The DEPUTY MINISTER OF TRANSPORT: Chairperson, we obviously don't want to be unconstitutional, and we shouldn't be. But, at the same time, we must not shirk our responsibilities as the national department. This means working co-operatively with our colleagues in all spheres of government and assisting with, amongst other things which I did not mention, skills issues.
Many things are often said about public entities. But one of the public entities performing extremely well - sometimes too well, because I think we are spending too much money on freeways - is Sanral. I think there would be a general consensus on that. What we are increasingly asking Sanral to do is not just to build roads - not that they do this physically themselves, but they project-manage - but to also assist other spheres of government to more effectively look after maintenance, transfer skills and assist with tendering processes. So, we are looking at other mechanisms as well. But your point is appreciated, and we absolutely agree with what you are saying.
Mr M S F DE FREITAS: Thank you, Chairman. As the Deputy Minister said, potholes are prevalent throughout South Africa and cause endless damage to vehicles and even the loss of lives. It has reached a point where civil society such as insurance companies and farmers, for example, are now fixing potholes in their respective areas. This is an indictment on government and its inability to adequately deal with the backlog that the Minister has mentioned. At the same time there appears to be confusion as to whether pothole repairs are a national, provincial or even local government competency.
Will the Minister advise whether he has determined an allocation of funds from the recently announced dedicated road fund to other tiers of government for these pothole repairs and whether he will ensure that there are mechanisms put in place to ensure that funds are used as he has mentioned If so, what are these allocations, and has he considered the creation of labour-intensive work opportunities from this exercise Thank you?
The DEPUTY MINISTER OF TRANSPORT: Chairman, my thanks to the hon De Freitas. I am not sure if insurance companies and farmers fit under the category of civil society. Sometimes I think they are under uncivil society.
But the point is noted. It is true that nongovernmental entities are stepping in. There is nothing wrong with that. Nongovernmental entities are also responsible for considerable damage, very often, and not insurance companies, but it is in their interest to ensure that...
I spent time with the Road Freight Association at the beginning of this week. I spent quite a lot of time talking to them about their responsibilities, to ensure that we work together to find ways of maintaining our road infrastructure. It is in their long-term self-interest.
Indeed, Minister Ndebele has a good track record of looking at Expanded Public Works Programmes to ensure that there is maintenance of roads. When he was the MEC of KwaZulu-Natal he had a wonderful programme - which is still running - of households on stretches of road looking after particular stretches. It is a wonderful model which we have replicated in a number of other provinces. Certainly Expanded Public Works Programmes are the way to go. These should not just be 60 days programmes, but a continuous maintenance of stretches of roads all year round. This is a very good approach because a lot of potholes are the result of the failure to do basic maintenance along the verges of roads, for instance. We need to clear road verges. We need to empty sewers, gutters and rainwater drains. If we do not do that, water gets under the surface and causes a lot of the damage. Those are basic things that do not require high levels of skill, but they are absolutely important.
On the question of funding road maintenance, we are in discussion with the National Treasury and the Minister of Finance around the matter. Minister Ndebele has proposed some kind of ring-fenced road maintenance fund so that money allocated to that is ring-fenced and does the job. That is a complicated area; it is not straightforward. But we are certainly looking energetically at some way of addressing it financially. Thank you.
Mr L S NGONYAMA: Thank you, Chair. Hon Minister, I have an issue with the question of training and experience that you have referred to with regard to maintenance teams. Has the department ever considered creating a permanent team that will acquire that experience over time and be in a position to do the job properly Thank you?
The DEPUTY MINISTER OF TRANSPORT: Chair, as I was trying to say, we do have such a team. I think there is a wonderful team in terms of road construction and road maintenance located in Sanral. Sanral was originally the section that dealt with roads in the old Department of Transport. It was spun out of the department in the mid-1990s and became a stand-alone agency. This is one of the positive and progressive examples. There is a great deal of skill and ability in terms of tendering processes, project management and looking after what is the unpopular thing, tolling and so forth - which is also an important thing in terms of raising money. That is located in Sanral.
As I said earlier in response to an earlier intervention, what we want to do now is to try to make sure that the skill which is located at a national level in Sanral, looking after 16 000 km of our national road network, also begins to become a skill that gets transferred to other spheres of government. Yes, indeed we do take the issue of skills seriously.
Mr S B FARROW: Thank you very much, Chairperson. On the whole issue of potholes - this brings to mind the Minister of Public Works sitting next to you there, Deputy Minister - has any research been done to establish some sort of permanent team such as the one we recently experienced at the Ugu District Municipality where they have set up units of entrepreneurs that go around and fix potholes I am just wondering whether anything has been done about that because, firstly, it provides jobs and, secondly, we will be trying to get the problems sorted?
But more importantly, when you talk about nongovernmental agencies that are involved, like insurance companies and farmers, what indemnity do these people have in case one of those pieces of tar flies out and hits somebody in the face There has to be something in terms of legality and responsibility with regard to the type of work being undertaken outside of the parameters of the Act. Could you answer this?
The DEPUTY MINISTER OF TRANSPORT: Chairperson, to be quite honest, I am unable to answer the second part of the question. I'm not sure what the legalities are. It is obviously something we need to look at, especially if we are asking for other partners to be involved in assisting us.
I have a word of caution regarding preserving the road network we have. This relates to an earlier point I was making with regard to another question. We must be careful that, as a democratic government, we are not caught into preserving apartheid space and apartheid privileges. That is another thing we need to throw into the mix. There are a lot of roads which were built just to service a couple of farmers, for instance - lovely tarred roads. There are other roads which were built to service the army during the regional war in Southern Africa. We must not assume that we must simply preserve all of that and not begin to democratise and change space.
Certainly, as the ANC government, we take the issue of potholes and preserving the road network we have very seriously. But we mustn't be caught in a game of simply preserving the past with all its privileges and skewed geographical realities. That is another challenge we need to place into the picture when we are looking at the road network and everything to do with spatiality and the transformation of the apartheid space, which is still very much with us in South Africa.
Whether he is considering a sunset clause to terminate affirmative action (a) in general and (b) in respect of white people who have matriculated after 1994; if not, why not, in each case; if so, what are the relevant details in each case NO2628?
The MINISTER OF LABOUR: Sihlalo, ngelishwa lo ngumhluzi wamanqina. [Chair, unfortunately this is a futile allegation.
I am not considering a sunset clause to terminate affirmative action, both generally and in respect of white people who've matriculated after 1994.
The main aim of the Employment Equity Act is to address imbalances in the workplace by eliminating unfair discrimination and introducing affirmative action measures for the equitable representation of the designated groups at all occupational levels and categories. In addition, employers are called upon to diversify their workplaces.
As reflected in the recently published 10th Commission for Employment Equity, CEE, Annual Report, there is still a massive underrepresentation of designated groups in the workplace, particularly in the private sector. In line with international trends, government still views affirmative action as a necessary and an appropriate tool in addressing these imbalances and disparities in the workplace. In the light of these prevailing inequalities, any debate about a sunset clause to terminate affirmative action is completely irrelevant and very premature.
Ke thina sixelelwe ukuba masilibambe lingatshoni. [We have been told to intensify.
Mr P J GROENEWALD: Dankie, Voorsitter. [Thank you, Chairperson.] Hon Minister, I first want to say that, with that attitude, I can assure you that you will not make it into heaven. [Laughter.
Agb Voorsitter, dit is onbillik om voorheen benadeelde jeugdiges te wil bevoordeel deur 'n nuwe benadeelde groep te skep. Die blanke matrikulante van vanjaar was twee jaar oud toe die ANC in 1994 aan bewind gekom het. Hulle het nie die voordele van apartheid nie. Hulle was nie deel van apartheid nie. Inteendeel, dit is juis hulle wat sukkel om beurse te kry om aan universiteite te studeer, want daar is nie geredelik beurse beskikbaar vir blanke studente nie. As u gaan kyk na die samestelling van die studente op universiteite, is daar basies nie meer 'n universiteit in Suid-Afrika waar die meerderheid blank is nie. Swart studente is verreweg in die meerderheid.
Minister, as u een rassegroep wil bevoordeel ten koste van 'n ander rassegroep, dan is dit mos nou niks anders as rassisme nie. En...
n AGB LID: Dis so in die Grondwet!
Mnr P J GROENEWALD: Dan is die Grondwet 'n rassistiese grondwet, as dit is wat die agb Minister of Adjunkminister hier sê. Dan is dit 'n rassistiese grondwet!
Nou wil ek vir die agb Minister vra of hy die Grondwet wil wysig om dit reg te stel. Dink u nie dit is onbillik om daarmee voort te gaan nie (Translation of Afrikaans paragraphs follows.?
Hon Chairperson, it is unfair to want to favour previous disadvantaged youths by creating a new group of people being disadvantaged. The white matriculants of this year were two years old when the ANC came to power in 1994; they did not enjoy the fruits of apartheid. They had no part in apartheid. On the contrary, they are actually the ones who are struggling to obtain bursaries to study at universities, because there are not enough bursaries readily available to white students. If one looks at the composition of students at universities there is no longer a university in South Africa where the majority of students are white. Black students are by far in the majority.
Minister, if you want to favour one racial group to the exclusion of another racial group, then it is nothing short of racism. And...
An HON MEMBER: It says so in the Constitution!
Mr P J GROENEWALD: The Constitution is a racist Constitution, if that is what the hon Minister or Deputy Minister is saying. Then it is a racist Constitution!
Now I want to ask the hon Minister whether he wants to amend the Constitution to rectify the issue. Don't you think it is unjust to continue with this issue?
UMPHATHISWA WEZABASEBENZI: Andiyicingi nokuyicinga loo ndebelefele uyidwabayo. [Kwahlekwa.] Bekumele ukuba abantu abamhlophe ngabona bayingcangcazelelayo nabayivuzela izinkcwe inkqubo yokukhawulelana nabo babengenamalungelo ngaphambili, kuba kwamanye amazwe ngabantu abaligcuntswana abaye benzelelelwe ngolu hlobo thina senzelela ngalo uninzi kweli lizwe. Besimelwe ke ngoko ukuba sisincamise, sisiphuze isandla soxolo esisinikwa yi-ANC. Oyena mntu ungazi kungena ezulwini nguwe, kuba izulu livulelwe bonke abantu, hayi abamhlophe, hayi abamnyana, hayi abatyheli. UYesu uyabamkela bonke kwisango lezulu. [Kwahlekwa.] (Translation of isiXhosa paragraph follows.
[The MINISTER OF LABOUR: I do not even think about your ineffectual argument. [Laughter.] White people are supposed to be acknowledging and embracing the programme of redressing the imbalances of the past because in other countries only the minority groups are being catered for, unlike in our country where we focus more on the majority. We were therefore supposed to accept the olive branch the ANC is offering us. You are the one who will not enter God's Kingdom because God's Kingdom is open to everybody, black and white and not the yellow ones. Jesus welcomes them all into the gates of God's Kingdom. [Laughter.
Mr I M OLLIS: Minister, if I can get your attention for just a minute. Your friends in the FF Plus over there seem to only care about white people all the time. The ANC, on the other hand, seems to be enriching a few black glitterati. They are the ones who get all the contracts and take all the cream of the BEE deals and leave young South Africans with nothing.
The DA, however, is concerned about all the unemployed people of South Africa. [Applause.] When will the ANC drop this race-based redistribution system and focus on the currently disadvantaged people of all race groups in South Africa, Minister; the currently disadvantaged people?
UMPHATHISWA WEZEMISEBENZI: Umntu, malungu e-DA, ningabokumqhwabela ezombela ingcwaba; yingozi loo nto. [Kwahlekwa.] I-ANC, ingekaphathi kwa ukuphatha, yayinomqulu eyayiwubiza ngokuba nguReady to Govern. Wena ke ngeloo xesha mhlawumbi wawusathukulul' emgodini kweny' indawo endingazi kuyibiza ngegama. Ukuba unokufunda uReady to Govern, uza kuthi kuwe: (Translation of isiXhosa paragraph follows.
[The MINISTER OF LABOUR: DA members, please stop cheering when someone is heading for a downfall; that is very dangerous. [Laughter.] The ANC, even before it assumed power, had a document called Ready to Govern. You were not even born then.
We do not support giving positions to unqualified people simply on the grounds of race or gender.
Into emxinayo ke lo mhlekazi kukumimithekiswa ngamafutha okutyeba nemali emenza athi nethe. Ixhala lakhe kukuba wafika umnt' omnyama. Kwaye uza kufika, mhlekazi, ngoba ilizwe eli lelethu xa sisonke. Musa ukuba nexhala ke ndod' akuthi, akukho apho uza kuya khona. Thina siyi-ANC, asinadabi lokulwa abantu abamhlophe. Kodwa, ingcinezelo nocalu-calulo, inene umama elele emangcwabeni apha eNY 5, sizakuzilwa. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.
[What bothers this man is that he is so overwhelmed by wealth and by being filthy rich. His main concern is the arrival of a black person. Sir, the black man will indeed arrive, because this country belongs to all of us. You must not feel threatened, my brother; you are going nowhere. As the ANC, we do not wage war against white people. But we will fight against oppression and racism, and that I swear on my mother's grave which is in NY 5. [Applause.
Mr E NYEKEMBA: Thank you very much, House Chairperson.
Mphathiswa, mandizibandakanye nawe kwelithi malibanjwe lingatshoni. [Minister, let me join you in saying, let us intensify our efforts.
Given the fact that affirmative action is one of the key sections in the Employment Equity Act, an Act which came about as a result of the Constitution of the Republic addressing the inequalities, in your response you have indicated that the Commission on Employment Equity, in its 10th report, revealed that there are inequalities in the workplace. How does the Minister intend to address these inequalities What measures does he intend to put in place, because the Employment Equity Act has been in existence for more than 10 years, as I speak now. Thank you?
UMPHATHISWA WEZEMISEBENZI: Kungekudala amalungu eKomiti ejongene neMicimbi yeSebe lezaBasebenzi azakuhlangana nezilungiso kuMthetho woLungelelwaniso ngokwaseNgqeshweni. Sifuna ukuqinisa phaya ngasemva kanye ukuze izohlwayo zithi xhaxhe ukwenzela ukuba lo ungafuniyo ukuphumeza umthetho simbambe qha qwaba. Uza kube ukhona; uza kube ulapha kweli lizwe. Andiyi ndawo mna apha. (Translation of isiXhosa paragraph follows.
[The MINISTER OF LABOUR: Very soon members of the Portfolio Committee on Labour will meet to discuss the amendments to the Employment Equity Act. We want to regulate there so as to ensure that the punitive measures are more intense so that those who do not want to implement the Act are arrested. You will be here, in this country. I am going nowhere.
What (a) are the outcomes of the audit into Sentech that was commissioned earlier this year and (b) measures has he taken to stabilise Sentech NO2665?
The MINISTER OF COMMUNICATIONS: House Chair, the audit that the hon member is referring to was commissioned in 2009. In February 2010, I released the summary of the report together with its findings. Some of the outcomes of the audit report include the following: Firstly, the task team found that Sentech was in urgent need of a turnaround strategy and that its current position was caused by, amongst other things, a new legal and regulatory framework that had opened up the markets; secondly, a misaligned business strategy in support of the national service delivery agenda; and thirdly, the absence of a clear and comprehensive information and communications technology, ICT, industry framework.
The task team also found that the definition of Sentech's role lies at the heart of the problem along with the strategies it pursued and its failure to break into the telecommunications market.
In an endeavour to find a solution, the task team considered four options. The first option was to reposition Sentech in terms of its core competence as the broadcasting signal distributor. Secondly, Sentech was to leverage its core competence to look for opportunities on the continent where it is already doing business. The third option was for Sentech to continue with its diversification strategy of growing the telecommunications business. The fourth option was for Sentech to transfer its nonbroadcasting electronic communications network services, ECNS, and nonbroadcasting energy and combustion services, ECS, business to Infosat.
As a measure to stabilise Sentech, I have appointed a new board and a new chairperson. Further, I hold monthly bilateral meetings with the board where its strategic interventions to turn Sentech around are discussed.
Sentech has developed and submitted its corporate plan to the department. The proposed corporate plan highlights the following: Firstly, the identification of products or services that are not profitable and a consideration to either modify or discontinue services or products; secondly, the identification of product enhancement to increase profitability; thirdly, the identification of new products through research and development to fully utilise the group's licences; and fourthly, the reduction of nonessential cost expenditure and development of business cases to support all capital expenditure.
The board has also instituted measures to restrict cash outflow by implementing emergency controls such as additional supply-chain management controls. The expenditure and turnaround committees have also been established. Additional control and supply-chain management include, among other things, database clean-up, updating the policy regarding supplier criteria and negotiating directly with suppliers instead of using supplier agents.
The expenditure committee's role is to ensure that all commitments and current expenditure are supported by valid contracts and provide value for money services or goods. It also ensures that supply-chain management processes have been followed and expenditure is matched by revenue. Daily own cash balances are monitored to ensure sufficient cash availability. The turnaround committee's role is to assist with initiatives to update all relevant policies, procedures and processes to alleviate cash flow strain.
Furthermore, the board [Time expired.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon Minister, I really did extend the time by one minute to twenty minutes. So, could those who deal with responses in our offices please check on the timing of the questions' responses.
Mr S E KHOLWANE: Thank you, Chair. Hon Minister, thanks for your decisive leadership in appointing the new board for Sentech. However, one is interested in knowing, given what we have said, how Sentech is going to succeed, given the fact that no chief executive officer, CEO, has been appointed to date.
The MINISTER OF COMMUNICATIONS: Chair, as I have indicated in my response, I meet Sentech for a bilateral meeting every month, and they have informed me that they are just about to complete the appointment of a CEO. There is an acting CEO; it is not a crisis. There is an acting CEO at present because after the departure of the CEO, the chief operations officer, COO, was appointed to that post but has since resigned. But I am informed by Sentech that they are in the process of short-listing, and recommendations on the appointment of a CEO will soon land on my desk. I thank you.
Mrs J D KILIAN: Chairperson, first of all, just to say that the hon Minister should actually have purchased a red BMW because we can call him the firefighter Minister.
As far as the Sentech issue is concerned, can I just say that it is very perturbing that, eight months into the new year, an audit report that was finalised last year has still not seen the light of day in its entirety. We have a Minister who had the findings and who briefed the committee on it, but we need to have the entire document. So, when will the Minister publish this audit report Or is it one of those documents that would not have passed the censorship test if we had the Protection of Information Bill in place by now Thank you?
The MINISTER OF COMMUNICATIONS: Chair, perhaps that might be the case. I have indicated, when that report was given to me, that I do not intend making it public. You must recall that that was not a forensic report, but a report by a task team which I had established. I indicated in my maiden Budget Vote last year that I intend establishing a task team that will investigate what we all perceived to be issues of governance and administration within Sentech and the South African Broadcasting Corporation.
The report that ensued from there confirmed things that we were actually worried about. But it was not a forensic audit or a forensic report: We wanted to act as speedily as possible without having any witch-hunt against anybody or harassing people, while ensuring that it enables us to take decisions that we wanted to take in order to change leadership at Sentech, which is what I did. I acted decisively, based on that report. But, because of the nature of that report, there is no way in which it could have been made public. Of course, perhaps it is quite true that it was open to legal challenge. We didn't want that; we wanted a guide, something, an instrument that would allow us to take action to resolve the problems at Sentech. Thank you.
Ms L D MAZIBUKO: Mr Chairman, the leaked findings of the ministerial task team report, which hon Kilian has alluded to and which deals with the crisis that is currently plaguing Sentech, indicated that this is a public enterprise that's in free fall, which, and I quote, "is in urgent need of a turnaround strategy".
It is for this reason, Mr Chairman, that we in the DA look forward to next week's report-back session when Sentech will have an opportunity to brief the portfolio committee on this turnaround plan and on the restructuring of the executive management. Surely the time has come for this task team report to be released in full. My question to the Minister is, how can the parliamentary portfolio committee be expected to conduct oversight, particularly given the recent resignation of the acting CEO and the allegations which have been levelled against the former chief financial officer, CFO How can Parliament be expected to conduct effective oversight if it doesn't have sight of this crucial report?
If the Minister won't release the report - and I hear he was very circuitous in his answer about wanting to get to the root of the problems - can he elaborate more clearly what the problem is What does the department have to hide that would prevent Parliament from being an effective overseer of this entity Thank you?
The MINISTER OF COMMUNICATIONS: Chair, I am sure that the hon member will get all the answers that she needs when Sentech gets the opportunity to present itself in the following week or so. I have no doubt that the hon member will be satisfied with the ongoing positive work that is being done by the board in the attempt to turn Sentech around. I am confident that the board is in good hands and that Sentech is on its way to recovery.
I have indicated that I at present have no intention to release the report, as it is not a forensic report. It does not give the confidence that it can withstand the scrutiny of a courtroom. For instance, people who are mentioned in the report could go to court and challenge it. But it was a sufficient basis for me upon which to act in order to try to turn Sentech around. Thank you.
What steps has he taken to promote awareness of legislation such as the National Credit Act, Act 34 of 2005, and the Consumer Protection Act, Act 68 of 2008, that seeks to protect the rights of the poor and illiterate who sign contracts without due regard to its "small print" NO2627?
The DEPUTY MINISTER OF TRADE AND INDUSTRY: Chair, in view of the fact that you said we need to be brief, I will summarise my response.
The Consumer Protection Act was passed in 2008 and will be enforced in October 2010. The Office of Consumer Protection, which is in the Department of Trade and Industry, has implemented different activities, such as awareness campaigns, media capacity-building, a return and refund campaign, and business visits to ensure that people understand the National Credit Act and the Consumer Protection Act.
The National Credit Regulator has promoted awareness through workshops, brochures and annual assessment of the effectiveness of awareness programmes. I think the hon member will understand that almost 2 000 workshops have been conducted around the country. I thank you.
Rev K R J MESHOE: Thank you, Chairperson, and thank you Deputy Minister for your answer. Many of our people have lost valuable assets such as houses and cars because they were made to sign contracts they either did not fully understand or did not know the seriousness of what is commonly known as the small print in the contract.
This so-called small print has been a source of pain and frustration for many consumers who overlooked important information that was deliberately hidden from them in the small print. How will the Minister promote and provide further consumer education to people with a limited ability to read and comprehend contracts written in a language other than their mother tongue, to ensure that they do not become victims of small print in contracts that they have to sign I thank you?
The DEPUTY MINISTER OF TRADE AND INDUSTRY: Chairperson, I tend to agree with hon Meshoe. In the recent past people have lost valuable assets because of what is termed small print or fine print. In all business transactions that occurred in the past, sellers used to disregard the fact that they needed to explain to people what they were about to sign. In the past, many people actually signed away their rights. That is how businesses used to operate.
The National Credit Act actually protects the consumers. It is their legal right to obtain an explanation - in their mother tongue - about the implications of the fine print of the decision they are about to take. In the event that somebody has experienced such misfortune, I suggest that they be sent to the Department of Trade and Industry, DTI, so that we can deal with the cases as and when they come before us. I thank you.
Mr A P VAN DER WESTHUIZEN: Thank you, Chairperson. Hon Deputy Minister, as you can see in the question, the Consumer Protection Act was passed more than two years ago. One of the ways in which the Act seeks to protect consumers is through the establishment of a consumer commission.
While the commission has not yet been established, posts were recently advertised and the combined remuneration of the posts of the commissioner and deputy commissioner exceeds R2,2 million. How can this amount be justified at a time when government is claiming to be unable to meet the salary demands of disgruntled public servants I thank you?
The DEPUTY MINISTER OF TRADE AND INDUSTRY: Chairperson, it is a pity that the hon member is being opportunistic by raising the issue of the strike when referring to the work of a commission. We all know that the lifespan of a commission is short-lived and that it warrants certain specific expertise to conduct its work, which is very hectic in most instances.
If we compare the budget of that commission with the budgets of all other commissions which were ever established before, and consider its scope of work, then I think you are being unfair, to say the least, when you claim that this is a lot of money. I thank you.
Mr L S NGONYAMA: [Interjections.] You are going to burn in heaven.
Chair, my issue, directed at the Minister, is specifically about what is referred to in section 22 of the Consumer Protection Act. My issue concerns the use of plain language and is not about the size of the words - in other words, the small print - it is about the use of plain language.
What is it that the department is doing about this issue to make sure that the contracts are in a language that is generally understandable We can take it even further and consider the very Bills and Acts debated here in Parliament. It is a very serious issue. Coming up with plain language is what is really pertinent?
The DEPUTY MINISTER OF TRADE AND INDUSTRY: Hon Ngonyama, I think you heard that I agreed with hon Meshoe about the fine print. But, we need to be clear as to what we are talking about. Concerning plain language, it is the business people who, when doing their business transactions, do not explain in what we term plain language. The law dictates that they explain, hence I say that if there is a specific case where plain language was not used to explain, it needs to come to us so that we can deal with it according to the Consumer Protection Act.
It is when people are not given an explanation as to what they are about to sign, that we need to act. The Consumer Protection Act actually protects consumers' rights. If there is a case where it was not explained to people in plain language, then that case needs to come forward so that we can deal with it. I thank you.
Mr S J F MARAIS: Chairperson and Deputy Minister, both the Consumer Protection Act and the National Credit Act have possible unforeseen and/or unintended consequences. I want to use an example. The used vehicle industry not only contributes to economic development but also offers an opportunity to lower-income citizens to acquire cars.
Until now, cheaper used cars could have been sold on the voetstoots principle, but, in terms of the Act, the buyer can now return the vehicle after six months, even if it was not properly maintained. What measures and remedies are available to protect the interest of the sellers of goods and services and the grantors of credit?
The DEPUTY MINISTER OF TRADE AND INDUSTRY: Chair, it was a new question. Can the hon member repeat it for me slowly please?
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon member, can you please repeat it?
Mr S J F MARAIS: Yes, I can. As I have said, both the Consumer Protection Act and the National Credit Act have possible unforeseen and/or unintended consequences. I used the example of the second-hand or the used car industry where a vehicle can be returned after six months even if it was not properly maintained. What measures and remedies are available to protect the interest of the sellers of goods and services and the grantors of credit?
The DEPUTY MINISTER OF TRADE AND INDUSTRY: Chair, we always strike a balance between the interests of people who are selling goods and services and that of the consumers. Our department cannot only protect the interests of the sellers at the expense of the rights of the consumers. In the event that any part of legislation has unintended consequences, we need to stipulate which part of the legislation is subjecting a seller to unintended consequences. That part will then be subjected to a discussion. I thank you.
what security of tenure does persons who reside in these areas have NO2624?
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon House Chair, the question has two parts. The answer for part one of Question 105 is no. The land is registered to legal entities such as communal property associations, CPAs, and/or trusts.
The answer to the second part of the question is that security of tenure of persons in these areas is made possible under the provisions of the Informal Land Rights Act and, in the case of KwaZulu-Natal, the Ingonyama Trust. Thank you, Chairperson.
Mr R N CEBEKHULU: Thank you, Chairperson. Hon Minister, I just want to follow up on the issue of areas where, when farms were bought and people had the right to go back, you would find that the people simply went into those areas. Who actually has the right to be there Mostly, in the state land, people simply just flocked there and occupied the space. Thank you?
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon Minister, I hope you got the question [Interjections.] Oh, is it just a comment?
Mr R N CEBEKHULU: Yes, it is just a comment.
The HOUSE CHAIRPERSON (Mr K O Bapela): Thank you, hon member.
Mrs A STEYN: Thank you, Chairperson. Hon Minister, you have alluded to the Ingonyama Trust, but there are also other CPAs and trusts that we know - I think there are more than 3 000 - were registered. My question is, in light of this predominance of the collective approach to land reform in South Africa, what mechanisms have been put in place by the department to ensure that individual members in these trusts receive security of land rights I ask this because there is so much infighting that no one has any security. Thank you, Chairperson?
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon House Chair, the conflicts are caused by many reasons. It's not so much the security in the sense of the system; it may be social insecurity in the sense of conflicts which are caused by various factors. For example, people often come together from various areas. They were never a community. If they were a community, it was one or two generations ago and now they are brought back together because of the restitution. Now, the CPA tries to bring them together as communities.
The second aspect of this is that, when they come back, they come back to areas where they were before, and these were communal areas. CPAs create communal areas within communal areas. That alone constitutes a source of conflict. There are many other things, but those are the key reasons for the conflicts. It's not so much that there is no security of tenure, because the outer boundary title is one and all of them belong there. These are matters that need to be managed by us, particularly looking at the efficacy of the law itself. Thank you, Chair.
The HOUSE CHAIRPERSON (Mr K O Bapela): I have two names from Cope. Only one can ask a follow-up question. [Interjections.] [Laughter.
Mr D A KGANARE: Chairperson, after observing all the people who want to go to heaven, I think it's going to be a very dangerous place and I don't want to go there. [Laughter.
Minister, in view of the high rate of rural unemployment, feminisation of poverty and food insecurity, what is the department doing to assist women who are still perceived as minors in the rural areas to have security of tenure, despite what the law says?
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon House Chair, well, we have a couple of programmes there. Firstly, the comprehensive Rural Development Programmes, RDP, projects are dominated by women so far. Secondly, now, as we speak, we are going to launch the National Rural Youth Service Corps with 12 000 young people, and 50% of them are women from all rural wards across the country. From each rural ward, we have taken four people, one of whom is a disabled person.
Chair, I would like to take this opportunity to request the hon members to assist us, because we are looking for about 3 000 disabled people to take part in this programme. At the moment, we have only 300 people from only rural wards. Thank you, Chairperson.
Ms P P XABA: Hon Chairperson, can the Minister outline how he intends dealing with the current land tenure system, and what proposal he has for the future Thank you, Chairperson. [Applause.?
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon member at the back, please switch off the mike. Thank you.
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon Chair, in the budget policy speech to the House, we proposed a three-tier system on land tenure reform and that will be tabled before the House. We have debated this with farmers and have said that this is the best way to go. Under the circumstances prevailing now, and given the history of the leakage of land that would have been returned by government to those from whom it was acquired, moving forward, the land - which belongs to the state and the public entities - will be leased rather than sold. To protect the acquisitions and gains we are making in terms of land reform, the tenure system will be leasehold. But in terms of privately owned property, it will be freehold and, as we have said, we will retain that with limited extent.
The extent to which a commercial farming entity will be limited, that is, whether it will be a large-scale, medium-scale or small-scale commercial farming entity, will firstly depend on the commodity that is found in the entity. Secondly, it will be determined through debate in the Green Paper.
The last tier concerns foreign landownership. Again, that is privately-owned, whether domestic or international. Thus, we say that it will emerge and also be affected and its extent limited by this Act. Additionally, they will have to comply with particular conditions and obligations with respect to their compliance with the land reform regime that will come into place. Thank you, Chair.
That the House debates how to develop and create more internships and learnerships for our youth so as to give them the skills and experience to compete successfully in the job market.
That the House debates the latest GDP growth data released by Statistics SA and proposes immediate measures that can be implemented to improve economic growth in the near future.
That the House debates the issue of the increased number of level crossing accidents taking place in our country and comes up with possible solutions to eliminate this problem.
That the House debates moral regeneration as a vehicle for building communities grounded on positive values, a caring society and the pursuit of lasting peace and prosperity in the country.
That this House debates inmate labour and its contribution to skills transfer, resocialising and reintegration of ex-offenders into the broader society, as well as its contribution towards making the Department of Correctional Services self-sufficient.
That House debates the horrific loss of life caused by minibus-taxi drivers all over the country lacking the advanced skills and training necessary for the job.
further recognises that Nonkululeko Gobodo was awarded the 2010 Woman of Substance Award by the African Women Chartered Accountants (AWCA) recently, was South Africa's first black woman to qualify as a Chartered Accountant (CA) in 1987 and has been an inspiration and leading voice in the country's auditing and advisory industry for the past two decades; and congratulates both Sabine Lehmann and Nonkululeko Gobodo for excelling in their respective careers and for being good role models to young women and girls in South Africa.
The HOUSE CHAIRPERSON (Mr K O Bapela): Hon member at the back, we are now on motions without notice, not notices of motion. Are you on it?
notes that Miss Muthambi is only 36 years of age and was appointed as a member of the university council with effect from 12 July 2010.
HON MEMBERS: Malibongwe! [Praise!] [Applause.
The HOUSE CHAIRPERSON (Mr K O Bapela): Thank you. Are you done?
further acknowledges that Miss Muthambi is the first and youngest external member to serve in such a high, decision-making body of the University of Venda, and congratulates her and wishes her the best for the future.
Mr M J ELLIS: Mr Chairman, I rise on a point of order, sir: The hon Ndabandaba has just proposed a quite remarkable and very pleasant motion without notice, but I am afraid what he has done, sir, is indicate to the House, yet again, that there is no discipline on the side of the ANC. He will know, and certainly, the Chief Whip of the Majority Party will know, that a motion without notice goes through the Whippery first of all, and consequently, I need to say that we cannot support that motion.
The HOUSE CHAIRPERSON (Mr K O Bapela): Chief Whip?
The CHIEF WHIP OF THE MAJORITY PARTY: We agree. I think there was a breakdown somewhere. The motion was supposed to be circulated. We agree that this is out of order.
The HOUSE CHAIRPERSON (Mr K O Bapela): Thank you. The motion will therefore not be tabled today. We will have to wait for the next time.
thanks the paramedics who assisted at the scene of this accident for their efficient service; and conveys its deepest condolences and sympathies to the families of the children.
The HOUSE CHAIRPERSON (Mr K O Bapela): Is it an objection, hon Deputy Minister?
The DEPUTY MINISTER OF TRANSPORT: It is just a brief amendment. Obviously, one supports the motion that has been placed before us.
When we came into the House, the death toll had risen to 10, and so, we should amend the motion to that effect. We should also note that in this case, all of the safety barriers and things were in place, and this was just reckless driving. We do not need to put that into the motion, but I was listening to the DA MEC Carlisle, who was on the spot. Basically, in this case, the safety barriers, and so on, were in place. The booms were down, and this driver just recklessly went around all of that. So, I think that, in supporting the motion, one should just amend some of it, if that is possible. However, if that is not possible, certainly one should support it.
The HOUSE CHAIRPERSON (Mr K O Bapela): I will leave it with the parties. The Deputy Minister has asked that the motion as proposed be supported with a few amendments. Is it agreed to by all parties?
Agreed to with amendments.
notes that Semenya's victory is a triumph against all odds, considering the 11-month lapse when she was forced to miss many athletics competitions while waiting for the results of her gender tests; and wishes Caster all the best in all her upcoming athletics competitions, including her Diamond League debut in Brussels on Friday.
The HOUSE CHAIRPERSON (Mr K O Bapela): I would just like to go back to the previous motion, hon Ian Davidson. I am advised by the NA Table staff that, if there are any amendments added to a motion that has already been circulated to parties and agreed to, such amendments can only be accepted when the motion is withdrawn, redrafted, recirculated and has come back to the House. I am not sure, because the Deputy Minister has a request that those light amendments be added. I see the hand of the Deputy Minister.
The DEPUTY MINISTER OF TRANSPORT: Chair, in that case I withdraw. Obviously, it is important that this Parliament, all of us collectively, express our deep concern and condolences around this matter. I do not want to keep us from doing that. If it is not possible to amend it, then certainly, we should not delay passing this motion.
Mr M J ELLIS: Chairperson, on a point of order: I thank the hon Cronin for his attitude but it is certainly possible if this House agrees to amend the figure eight to ten. That certainly will satisfy him. At least it makes the statement factually correct.
The HOUSE CHAIRPERSON (Mr K O Bapela): If that is the case, I think it is in order. However, the rules are something else. According to the rules, we cannot do it here. We have to redraft it and bring it back. [Interjections.
There is another view. We now have another interpretation of the rules and I do not know what is happening. The NA Table staff says that if it is just a number that is being proposed to be amended, we can allow it. However, if it is substance, then we cannot allow it.
It is a number So we agree that a number is added as an amendment, that there are no objections and that we agree to the motion?
further notes that Access is a consortium of research institutions and agencies that have signed up to contribute to a whole greater than the sum of their parts including the Universities of the Witwatersrand, Cape Town, Western Cape, Pretoria, Stellenbosch, KwaZulu-Natal and Rhodes, along with the SA Weather Service, SA Biodiversity Institute, Agricultural Research Council, Geosciences Research Council, SA Environmental Observation Network, and the hosts of the centre, the Council for Scientific and Industrial Research (CSIR), while the secretariat will be set up at the Centre for High Performance Computing at the CSIR Campus in Rosebank, Johannesburg; and welcomes the collaboration amongst our research institutions which have already implemented a research programme with several projects focused on a number of earth system issues, a services programme that will develop a series of products for use by service providers and an educational programme that includes a bursary, winter school and a national master's degree programme.
The House adjourned at 17:21.
A letter dated 17 August 2010 has been received from the Minister of Trade and Industry, requesting the relevant Assembly committee to recommend a candidate who complies with sections 3(1)(c) and 3(2) of the Lotteries Act, No 57 of 1997, for appointment as a member of the National Lotteries Board.
Referred to the Portfolio Committee on Trade and Industry for consideration.
Annual Financial Statements of the Corporation for Public Deposits for 2009-10, including the Report of the Independent Auditors on the Financial Statements for 2009-10.
Report and Financial Statements of the Land and Agricultural Development Bank of South Africa (Land Bank) for 2009-10, including the Report of the Auditor-General on the Consolidated Financial Statements for 2009-10 [RP95-2010].
Report and Financial Statements of the Broadband Infraco (Pty) Limited for 2009-10, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2009-10 [RP170-2010].
The vacancy which occurred in the National Assembly owing to the resignation of Rev H M Dandala with effect from 15 July 2010, has been filled with effect from 15 July 2010 by the nomination of Mr M G P Lekota.
Amendments to Articles VI and XIV.A of the Statute of the International Atomic Energy Agency (IAEA), tabled in terms of section 231(2) of the Constitution, 1996.
Explanatory Memorandum to the Amendments to Articles VI and XIV.A of the Statute of the International Atomic Energy Agency (IAEA).
The Report of the Independent Complaints Directorate on Domestic Violence for the period July - December 2009, tabled in terms of subsection (4)(a) of the Domestic Violence Act, 1998 (Act No 116 of 1998).
<fn>GOV-ZA.3525971En.2012-02-10.en.txt</fn>
Judges' Remuneration and Conditions of Employment Amendment Bill, 2011, submitted by the Minister of Justice and Constitutional Development.
Judges' Remuneration and Conditions of Employment Amendment Bill [B 12 - 2011] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 34444 of 7 July 2011.
The Committee on the Auditor-General (the Committee), established in terms of Rule 208A of the National Assembly Rules, read with Section 10(3) of the Public Audit Act, 2004 (Act No. 25 of 2004) is mandated in terms of Section 2 (c) of the Act to assist and protect the Auditor-General in order to ensure the independence, impartiality, dignity and effectiveness of the Auditor-General and to advise the National Assembly.
Mr. Nombembe is not entitled to an annual performance bonus, but should receive a termination bonus/deferred compensation on the successful completion of his term equal to 10% X average term compensation X years of the fixed term of office; and
The total remuneration package is structured by Mr. Nombembe according to the parameters and guidelines as are generally applicable to the Office of the Auditor-General.
The recommendations were included in the President's Act No. 349, dated 11 November 2006.
The Committee also indicated in the notice that "the entire remuneration dispensation of all public office-bearers, including the judiciary, is currently under review". Section 7 (2) (b) of the Public Audit Act provides, amongst others, that the allowances and other benefits of a person appointed as Auditor-General must be substantially the same as those of the top echelon of the judiciary.
Whilst the remuneration dispensation of the Chief Justice has been reviewed, that of the Auditor-General, serving in accordance with the conditions of employment as determined prior to the said review, has not been adjusted.
Whilst the Auditor-General is not entitled to an annual performance bonus, to increase the termination benefit from 10 percent of the average term compensation for each year of service to 50 per cent of average term compensation for each year of service.
To effect payment of back pay amounts in accordance with the parameters and guidelines as applicable to the Office of the Auditor-General.
<fn>GOV-ZA.3525981En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.3526791En.2012-02-10.en.txt</fn>
whether the project was put out to tender; if not, why not; if so, (a) to which company was the tender awarded, (b) what is the capital cost of this project and (c) how is it being financed NW1695?
No. The work on the construction of Project Mthombo has not yet started. A lot of planning has been done, however PetroSA's Board has directed that management consider and address the issues, such as the size of the refinery, that were raised in relation to the project during engagement consultations in 2010.
No. The project has not yet been put out to tender because of reason given in response to Question 1 above.
<fn>GOV-ZA.3526801En.2012-02-10.en.txt</fn>
In light of the fact that Koeberg Nuclear Power station was built alongside the Milnerton fault line and the increase in the magnitude of earthquakes worldwide, what is our readiness to cope with earthquakes, tsunamis and radiation leakage in the event of an earthquake (a) on this fault and (b) elsewhere in South Africa NW1740?
The Disaster Management Act requires the Minister of Energy, as the responsible person for the coordination and management of matters related to nuclear energy, to prepare a disaster management plan for nuclear disasters. The National Nuclear Disaster Management Plan was approved and submitted to the National Disaster Management Centre in 2005. This plan deals with how a nuclear emergency must be handled. There are emergency plans for both the Koeberg Nuclear Power Plant and the Pelindaba Materials Research Reactor. These emergency plans are tested regularly to check the response of the different players, i.e. operator, local and national authorities.
Koeberg, as originally designed and subsequently modified by Eskom, is in line with modern international safety standards and also has defence-in-depth measures that are relevant to its location. Following the accident at Fukushima, Eskom performed the necessary tests to verify the capability of all equipment required to respond to severe and beyond design basis accidents.
Koeberg is supplied from five kV lines that are connected to the national grid.
It is equipped to facilitate the addition of cooling water to spent fuel pools and containment buildings should it be required.
An emergency plan is in place.
<fn>GOV-ZA.3526811En.2012-02-10.en.txt</fn>
(a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1916?
* Ministry established May 2009 shared services with DMR, Deputy Ministry established November 2010 with shared Ministry until 31 March 2011.
(a)&(b) Following the announcement of the split by the President, various options to effect the pronouncement by the President were explored in view of the scarcity of the financial resources. With the establishment of the two Ministries, a decision was taken to split the old Department of Minerals and Energy into two separate departments, namely, the Department of Mineral Resources and the Department of Energy. This was done following both departments' line function responsibilities being delineated in terms of the new portfolios with Support Services providing an uninterrupted shared service to both departments until the end of the 2009/10 financial year.
The Department was established in May 2009 as a result of the decision by the President to separate the former Department of Minerals and Energy into two independent departments. The vote was however only officially separated from the Department of Minerals and Energy and a separate funding appropriated in the appropriation act with effect from 1 April 2010. The Deputy Ministry of Energy was only established from November 2010 onwards and a separate sub-programme implemented from 1 April 2011.
During the 2010/11 financial year, a total amount of R10.
With the establishment of a Deputy Ministry after the outcome of the 2010/11 Adjusted Appropriation (revised budget) during November 2011, the department was required to reprioritise funding within existing baseline allocations and redirect funding to cater for expenditure associated with the establishment of the Deputy Ministry.
The full establishment of both the Ministry and Deputy Ministry with effect from 1 April 2011 is reflected in the medium expenditure framework (MTEF) budget allocations for the 2011/12 to 2013/14 financial years with baseline allocations increasing from R21.47 million in 2011/12 to an estimated R22.31 million in 2013/14.
The increase in baseline allocation during 2010/11 from R10.56 million in 2010/11 to R21.46 in 2011/12 by 50% there for reflects the establishment of the Deputy Ministry under the sub-programme: Ministry. Baseline allocations remain relatively constant over the MTEF period and are based on MTEF guidelines provided by National Treasury.
<fn>GOV-ZA.3532721En.2012-02-10.en.txt</fn>
Whether the eleven institutions that serve on the Inter-ministerial Committee for Energy took any decisions that delayed Eskom's capital investment programme; if so, what are the relevant details with regard to the decisions made by each institution in this regard NW1981?
The work of the Inter-Ministerial Committee on Energy (IMC) was tasked mainly with the long -term energy plan i.e. Integrated Resource Plan 2 (IRP2010) which was finalised earlier this year. Eskom's currently approved capital investment programme up to 2017 which was covered by the first Integrated Resource Plan published in December of 2010 (IRP1) was not a specific focus area for the IMC on Energy.
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DATE OF PUBLICATION: May 2011 1531.
Whether the tender process was followed in making the selection; if not, why not; if so, which other companies bid for this project NW1696?
(1)(a-d)(2) No agreement has been signed with the company referred to. The procurement of South Africa's nuclear fleet has not commenced and there is no basis therefore for the questions on details in this regard.
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Whether any such shut-down agreements have been implemented; if so, (a) with which entity/entities and (b) what were the costs incurred by Eskom to compensate the said entity in each case NW1689?
(1)(a-b) Eskom has not entered into shut-down agreements with any of its customers. Eskom does, however have demand market participation (DMP) agreements with 21 large electricity users as well as contracting for interruptability with aluminium smelters. The aluminium smelters are not compensated for interruptions.
There are no shut-down agreements and therefore no financial implications for Eskom in this regard.
(3)(a-b) As indicated above, Eskom has not entered into shut-down agreements with any of its customers.
<fn>GOV-ZA.3532751En.2012-02-10.en.txt</fn>
On how many occasions since 1 March 2010 did his office hire a vehicle to transport (i) him and (ii) his Deputy Minister and (b) in each case, (i) what was the cost of hiring the vehicle, (ii) for what reason was the vehicle hired, (iii) for how many days, (iv) what (aa) make and (bb) model of vehicle was hired and (v) what total distance was travelled NW1639?
(a)(i-ii)(b)(i-iv)(aa-bb)(v) The current Minister and Deputy Minister were not in the Department of Public Enterprises during the period between 1 March 2010 and 30 October 2010. Their term of office in the department commenced in November 2010.
The table below provides information in respect of the former Minister and Deputy Minister of Public Enterprises for the period 1 March 2010 to 30 October 2010 as well as information related to the current Minister and Deputy Minister from November 2010 to date.
On how many occasions since 1 March 2010 did his office hire a vehicle to transport him and his Deputy Minister?
(b)(i) In each case, what was the cost of hiring the vehicle?
For what reason was the vehicle hired?
For how many days?
(iv)(aa-bb) What make and model of vehicle was hired?
And what total distance was travelled?
Official use in Johannesburg and Pretoria, whilst the official car was being repaired.
Official use in the Pretoria office.
Getting to and from official engagements in and around KwaZulu Natal Province.
Official use in the Pretoria Office while awaiting provision of a ministerial car by the Department.
Getting to and from official engagements in and around Mpumalanga Province.
Official use in the Cape Town Office while waiting for the delivery of a ministerial car by the Department.
Official use in the Cape Town Office while awaiting provision of a ministerial car by the Department.
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DATE OF PUBLICATION: 24 June 2011 1711.
(2)(a) What was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified NW1925?
(1)(a-d) The expenditure breakdown for the respective years is indicated in the attached annexure A.
(2)(b) In 2008/09 - the normal inflationary increase as per National Treasury was factored into the budget. The budget increase was due to the gratuity paid to the outgoing Minister and the adjusted Ministerial salaries.
In 2009/10 - the normal inflationary increase as per National Treasury guidelines was factored into the budget. The increase in the budget was attributed to the establishment and funding of a Deputy Ministry in the department. A gratuity was also paid to the outgoing Minister and the department leased two additional vehicles during this period.
In 2010/11 - the normal inflationary increase as per National Treasury guidelines was factored into the budget. The department settled two vehicle leases and purchased a new vehicle during this period. A gratuity was paid to the outgoing Minister, and the Deputy Ministry was fully resourced during the latter part of the year.
<fn>GOV-ZA.3533201En.2012-02-10.en.txt</fn>
Question 1072 for written reply, National Assembly: Ms D.
Whether her department has any measures in place to ensure the proper regulation of contracts to facilitate the ideal diversification of crops prior to contract farming; if not, why not; if so, (a) what measures and (b) what are the further relevant details NW1194?
Provincial Departments of Agriculture are involved in the process of securing contracts between farmers and retailers or any other clients needing the production of a particular crop. In such cases, there are measures in place that allow for government intervention should it happen that stipulations in the contract are not adhered to by either party. In instances where government was not involved, then the responsibility lies with the farmers to seek justice in their own capacities. Thus far, the regulation of contracts has not necessarily been targeted at facilitating the ideal diversification of crops, but primarily to secure markets for farmers in an effort to ensure income generation, growth and sustainability of their farming enterprises.
<fn>GOV-ZA.3533211En.2012-02-10.en.txt</fn>
The vessel is authorised to undertake commercial fishing of Swordfish.
Sharks are designated by-catch in this sector except for Thresher, Hammerhead and Oceanic white tip sharks, which must be released if caught. Permit holders may either opt to keep the fins attached to the trunk of a shark or cut the fins while onboard the vessel during a fishing trip. If the Permit holder opts to cut the fins, both the fins and trunks must be landed together at the first point of landing. The maximum weight of fins landed shall not exceed 8 % of the total weight of shark trunks landed. If the Permit Holder chooses to keep the fins attached to the trunk then this ratio does not apply.
<fn>GOV-ZA.3533221En.2012-02-10.en.txt</fn>
The enclosed draft reply to the question for your approval should you agree with the contents thereof.
Whether, shortage in light of worldwide concerns for the wheat harvest, any preparations have been made to prevent any unexpected national food; if not, why not; if so, what are the relevant details NW1532?
Wheat imports for the current 2010/11 marketing season (1 October 2010 to 30 September 2011) are projected to 1,7 million tons, to date 1,1 million tons have been imported. Imports were mainly from Argentina (51%) and the USA (29%). The projected rand value of the imports will amount to R4,9 billion (applying an average inland import parity price of R2 957/ton on Argentinian wheat).
It may be noted that the Russian Government has announced that the export ban on wheat will be lifted on 1 July 2011. The country's total grain harvest may expand by as much as 48% to 90 million tons this year, the Russian Agriculture Ministry estimates. Exports of wheat are estimated at 13 million tons.
According to the intentions of farmers to plant survey undertaken by the Department of Agriculture, Forestry and Fisheries in April 2011, wheat plantings for the 2011 production season are expected to be about 600 000 ha, an increase of slightly more than 7% compared to the last seasons' plantings of 558 100 ha. Applying a 5 year average yield of 2,85 t/ha to the intentions to plant figure, a wheat crop of approximately 1,7 million tons is expected for the coming season, which is 21,4% more than the last seasons' crop of 1,4 million tons. Local consumption of wheat amounts to approximately 3 million tons. Therefore, taking pipeline requirements into consideration, imports of 1,6 million tons of wheat are expected for the coming 2011/12 marketing season.
Ideally, if the profitability of wheat production improved through better producer prices and reduced input costs, local production of wheat would also see an improvement. Additional research into wheat cultivars/yield optimization is also being undertaken to enable farmers to scale up production.
<fn>GOV-ZA.3533271En.2012-02-10.en.txt</fn>
whether any other (a) programmes are currently being devised and (b) funds being made available to reach the Government's target of 1 million solar water heaters; if not, why not; if so, what are the relevant details NW1675?
As at 07 June 2011, 109 425 solar water heaters (SWHs) have been installed.
There are funds in the Eskom SWH programme to contribute towards the Government's target of 1 million SWHs but this will not cover the full costs of this target. On 24 February 2010, the National Energy Regulator of South Africa (NERSA) approved an allocation of R5.445 billion of which R1.15bn is for solar water heating, to be raised through the electricity tariff between 01 April 2010 and 31 March 2013. Solar water heating is therefore one of the interventions funded through this allocation.
Yes. To address the challenges associated with financing the Solar Water Heating programme, the new Standard Offer incentive scheme that will fund Solar Water Heaters has been developed. A funding model for this tariff funded scheme has been finalised, and through engagements with NERSA and Eskom, the department is working on its implementation.
Yes there are programmes under development which will be linked to the Standard Offer incentive scheme. This Standard Offer will provide a tariff based incentive to facilitate the implementation of the insurance geyser replacement programme; corporate social responsibility initiatives as well as employee programmes. In addition, a small yet significant contribution is expected from Donor funded programmes.
Not all programmes require government funding. For example, over and above the aforementioned programmes, the New Building Regulations that are being finalised by the Department of Trade and Industry (DTI) will contribute substantially towards the delivery of SWHs and other energy saving water heating technologies for new dwellings.
<fn>GOV-ZA.3533291En.2012-02-10.en.txt</fn>
How many solar water heaters (SWH) have been installed since October 2010, as part of the Government's one million SWH roll-out by 2014 NW1735?
For the period 01 October 2010 to 31 May 2011, 78 669 solar water heaters (SWHs) were installed as part of the Government's one million SWH roll-out by the end of the 2014/15 financial year.
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Merchant Shipping (Safe Containers Convention) Bill [B 31B - 2010] - Act No 10 of 2011 (assented to and signed by President on 13 July 2011).
Appropriation Bill [B 3 - 2011] - Act No 11 of 2011 (assented to and signed by President on 13 July 2011).
Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate M T Masinga, a magistrate in Umlazi, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate L B Maruwa, a magistrate in Daveyton, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate D Jacobs, a magistrate in Clocolan, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate C M Dumani, a magistrate in Graaff Reinet, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate I W O M Morake, a magistrate in Lichtenburg, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate L Skrenya, a magistrate in Cala, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Progress report dated 29 June 2011 on the provisional suspension from office of Magistrate T R Rambau, a magistrate in Limpopo, tabled in terms of section 13(3)(f) of the Magistrates Act, 1993 (Act No 90 of 1993).
Legal Aid Guide 2011 (12th edition), including proposed amendments approved by the Board of Legal Aid South Africa, tabled in terms of section 3A(2) of the Legal Aid Act, 1969 (No 22 of 1969).
The President of the Republic submitted the following letter dated 06 July 2011 to the Speaker: National Assembly, informing Members of the Assembly of the employment of the South African National Defence Force for service in co-operation with the South African Police Service in the prevention and combating of crime and maintenance and preservation of law and order within the Republic of South Africa in order to ensure safe and secure local government elections.
This serves to inform the National Assembly that I have employed one thousand four hundred and eight (1408) members of the South African National Defence Force (SANDF), for service in co-operation with the South African Police Service in the prevention and combating of crime and maintenance and preservation of law and order within the Republic of South Africa to ensure safe and secure local government elections. This deployment was for the period 04 May to 23 May 2011.
This employment was authorised in accordance with the provisions of section 201(2) (a) of the Constitution of the Republic of South Africa, 1996, read with section 19 (1) of the Defence Act (Act 42 of 2002).
I will communicate this report to members of the National Council of Provinces and members of Joint Standing Committee on Defence and wish to request that you bring the contents hereof to the attention of the National Assembly.
In terms of South Africa's Constitution of 1996 as well as parliamentary rules, the Portfolio Committee on Human Settlements has a responsibility to conduct oversight over any executive organ of state that falls within its portfolio. In line with this mandate, the Committee undertakes provincial oversight visits to evaluate progress and identify challenges encountered in respect of the implementation of programmes and projects. Furthermore, the Committee seeks to promote and enhance intergovernmental relations and co-operative governance principles in the delivery of human settlement services. To give effect to its strategic plan, the Committee conducted an oversight visit to the KwaZulu-Natal Province during the second term of the parliamentary programme, ie 27 February - 4 March 2011.
The objective of the visit was to conduct briefing sessions with the provincial department and other stakeholders in relation to the implementation of human settlement strategic plans, projects and programmes. In addition, the Committee recognised a need to conduct site visits.
Use of alternative technologies in construction.
The delegation consisted of Hon BN Dambuza (ANC) as leader of the delegation, Hon MR Mdakane (ANC), Hon GM Borman (ANC), Hon TMA Gasebonwe (ANC), Hon JM Matshoba (ANC), Hon NA Mnisi (ANC), Hon D Dlakude (ANC), Hon AM Figlan (DA), Hon AC Steyn (DA), Hon T Botha (Cope) and Hon KP Sithole (IFP). The delegation was also accompanied by the following officials from the national Department of Human Settlements: Mr L Jolobe, Mr C Mazubane, Ms N Thembani, Ms T Mabalane and Ms M Pine, as well as Ms K Pasiya (Committee Secretary), Mr L Tsoai (Researcher) and Ms N Mnyovu (Committee Assistant).
The delegation was also accompanied by members of the following standing committees of the legislature: Mr SJ Vilane, Chairperson of the Standing Committee on Human Settlements; Mrs MC Frazer, Chairperson of Standing Committee on Works; Inkosi NB Shabalala; Rev NW Ngcobo; Mr SV Naicker; Mrs LL Zwane; Mrs H Ngxongo; Mr G Mari; Inkosi MZN Madlala; Mr DN Khuzwayo and the Committee Secretary, Ms S Sibisi. Mr SN Mtetwa, the House Chairperson, joined the delegation at the Dannhousser Municipality.
Day 1: 27 February 2011 4.
Hon Dambuza, Chairperson of the Portfolio Committee on Human Settlements and the leader of the delegation, introduced the delegation provided an overview of the delegation's expectations from the presentations. Amongst others, the delegation was interested in how effect is given to the priorities identified in the state-of-the-nation address, the newly-transferred sanitation function, the role of the private sector and traditional leadership in the province, as well as the possibility of a performance agreement between the MEC and Head of Department.
The national Department of Human Settlements did not allocate funding for rural housing development.
The province had restructured the awarding of contracts to a maximum of four contracts per developer. This was necessitated by past experience where contractors would be awarded up to 16 contracts. Contractors subsequently issued sub-contracts, which compromised the delivery of quality houses.
The province was committed to rural development and would allocate about 60% of its budget in favour of rural communities. However, water remained a challenge. Each rural house constructed would be fitted with a Jojo tank to harvest water.
Rural land was largely administered by the Ingonyama Trust, while urban land was privately owned. The province was engaging with the Ingonyama Trust, which had yielded positive results to date.
The allocation of disaster funding was discontinued, and future disaster projects would be included in the conditional grant.
Beneficiaries living in CRUs could only afford rental of R20 per month, since most residents are elderly and vulnerable.
The province has since May 2009 not approved any projects not registered with the National Home Builders Registration Council (NHBRC). The lack of skilled personnel was hindering the delivery progress. Most senior members of staff were in acting positions, like the Chief Financial Officer, however, department was undertaking a process of developing a retention strategy and appoint permanent staff in strategic positions.
Social housing showed good quality housing projects, but the challenge remained the collection of rent.
The R1 million guarantee fund was not yielding results due to the failure of banks to co-operate.
The province proposed that military veterans use the People's Housing Process (PHP) model to construct their houses. To date, 5 000 serviced sites have been allocated in this regard.
A successful CRU project was located in uMhlatuze.
Ethekwini Metro: 55 000 units in (Cornubia project) and the project is the biggest spender in human settlements.
Blaaubosch: in Newcastle with 2001 units. However, the project was faced with land claim challenges.
Amajuba: 2500 units.
Nyoni Greenfield in Mandeni: with 3 000 slabs land rezoning blocked.
Driefontein in KwaDukuza: with 15 000 units.
Ntokozweni: 46 projects inspected and cost R26 million and was stopped due to inferior work and reappointed to rectify and do the same work.
Refurbishment of transferred houses in Msunduzi.
The province was experiencing capacity challenges, especially in regard to rare skills such as project management, surveying and in other technical fields.
The province has exceeded its targets in relation to informal settlement upgrading, serviced sites, affordable rental units, as well as supply of affordable housing finance.
Access to land and densification remained a challenge. The province has the largest housing backlog, as well as the basic services infrastructure backlog.
In line with Outcome 8 that seeks to create sustainable human settlements and improved quality of life (2009-2014), the province has committed itself to progress towards the national target.
In regard to Outcome 8 targets the province stated in the provincial report that in cases such as the informal settlements upgrade, the target was 76 200 units but the province made a commitment in respect of 140 000 units. . In respect of serviced sites and transferred, the target was 28 000 units but the province made a commitment to achieve 40 820 units for the period 2009 to 2040. In respect of affordable rental units, the target was 15 240 units but the commitment was 38 168 units. In respect of the supply of affordable housing finance, the target was 114 300 but the commitment was 28 200 units but access to land and densification 1200 hectares. However, the land issue has been singled out as one of the challenges with which the province is grappling.
The Committee, however, wanted to verify the information provided in relation to Outcome 8 as the difference between the targets and commitments were confusing.
An allocation of R120 million was received from the national budget for rectification. A service level agreement (SLA) has been signed by the national Department as well as the National Home Builders Registration Council (NHBRC), which will drive rectification programmes. The assessment of 45 projects had already commenced, but there were concerns regarding the high costs of these particular assessments and rectification which ran into billions of rand.
A total of 17 municipalities had informal settlements, which were plotted using a geographic information system (GIS). A strategy for the eradication of slums in the province was in place and needed to be rolled out in a cocoordinated manner to avoid a recurrence of these informal settlements.
The programme has not been significantly popularised by the Department, but there was a working relationship with the Department of Rural Development and Land Reform to approach the process holistically. This programme will form part of the rural housing delivery targets. However, the issue of land and bulk infrastructure remained a challenge.
To address the bulk infrastructure challenges, the Department resolved to install gutters and water tanks in all rural houses to be constructed. In municipalities where there was a general drought, Water Services Authority (WSA) would be required to transport water to households. In this regard, the NHBRC was tasked with designing models to ensure safe and hygienic processes.
A strategy was in place to drive rural housing, and the iNanda project could serve as a best practice example. It was acknowledged that PHP produced better housing products.
EThekwini continued to experience challenges in the upgrading of hostels due to poor maintenance, as well as legal disputes over ownership that remained unresolved between the two spheres of government. To address these challenges, the province proposed that all occupants move into lowcost housing and convert hostels into family units. Consideration was being given to alternative options aimed at reducing maintenance costs.
The Department was in the process of establishing an innovation hub to exhibit alternative building technologies. Various stakeholders have been engaged to assess their products. The Department was considering green and water conservation technologies. The NHBRC was assisting with the evaluation of the quality of these innovations.
The rehabilitation of partially destroyed houses was being implemented through the voucher system, and those that had been completely destroyed were being rebuilt. A comprehensive database, verified with COGTA, has been compiled. Backlogs dating back as far as 2008 have been incorporated to ensure proper costing and planning. A panel has been established through the supply chain management process which will immediately respond to disasters and which will be extended to all districts by June 2011.
Specific information was not provided on the number of blocked projects and the plans to unblock them. However, a total amount of R77.4 million would be required for bulk infrastructure services in all 11 district municipalities. When considering the land acquisition and finalising the environmental impact assessments (EIAs), an additional R122.7 million would be required. In total, an amount of R200 million would be required for both bulk infrastructure and land acquisition. It should be noted that the amount for bulk infrastructure and land acquisition in some districts had not been stipulated (e.g. Amajuba, iLembe, uMkhanyakude, uThukela, uThungulu, and uMgungundlovu).
The sanitation function has yet to be transferred from the national department to the province. This is linked to bulk infrastructure and services backlogs, which is part of Outcome 9's outputs for COGTA. The department is awaiting a directive from the national department on the rollout of the programme and future targets.
Cornubia in EThekwini - 55 500 units.
Driefontein in Kwadukuza - 15 000 units.
Vulindlela in uMsunduzi - 25 000 units.
Blaaubosch - 25 000 units.
Nyoni - Green field Mandeni - 3 000 units.
A proposal was drafted which sought to motivate for the 10% top slice from the conditional grant to be allocated for bulk infrastructure. The proposal would also be pursued with National Treasury, the provincial treasury and the national Department of Human Settlements. This process will involve leveraging the municipal infrastructure grant (MIG) funding and crafting appropriate conditions for the grant.
The provincial department has developed a system called "tripartite agreements" that seek to ensure proper co-ordination and co-operation between the three spheres of government. The municipality will only be limited to its planning mandate, while the province will appoint, monitor and manage implementing agents and ensure accountability. The national department will continue to provide a monitoring and supporting function.
The NHBRC has established close working relationships with the provincial department, and was continuously rethinking ways to reduce costs while fast-tracking delivery. The NHBRC assisted with unblocking projects that were stalled due to poor workmanship. It was committed to supporting and training emerging contractors, while also steering rectification programmes.
The department was in the process of establishing an M&E unit to improve monitoring, intervention and evaluation mechanisms. The unit would also serve to strengthen the co-ordination of reporting across the three spheres of government. The unit was meant to come into operation during March 2011.
While the housing development conditional grant increased exponentially, the equitable share of the provincial department remained unchanged.
Cost-cutting measures hampered service delivery.
Resources and tools of trade could not be accessed.
If challenges were experienced with the current funding formula, rural municipalities would continue to be disadvantaged in favour of bigger municipalities and the metropolitan municipality.
The funding intended for land restitution has been exhausted and unless the province obtained appropriate land for human settlements, delivery would be threatened. The ongoing competition for land between government and the private sector was also not assisting service delivery in the province.
This has been identified as a challenge for both bulk infrastructure and land acquisition, with the effect that the province is unable to achieve implementation of identified projects. It is further suggested that unless municipalities have adequate capacity to deliver bulk services in a structured manner, service delivery will be compromised. Further, the land expropriation court challenges add additional strain to the delivery momentum.
The provincial department is significantly under-capacitated, and seeks to attract highly skilled, knowledgeable and capable technical staff. The temporary nature of contract positions undermines the department's ability to attract skilled personnel (lack of security). In this regard, the department intends to strategise, motivate and train existing staff.
There are 14 water services authorities in the province and sanitation forms part of the cycle. The progress towards adequate sanitation has been very slow and the province will not be able to meet the Millennium Development Goals (MDGs) in this regard.
The total number of households amount to 2,6 million with 10,6 million people.
The sanitation backlog in the province is 21%, which constitutes 527 000 households in need of adequate sanitation.
The water backlog amounts to 394 000 households.
The quality of tap water is good, with only 14% not at acceptable quality standards.
Infrastructure development is costly due to the topography and dispersed rural settlements. It currently costs the province R18 000 per household to connect water pipes. However, the cost varies depending on the slope on which the house is situated. In some areas a water connection costs up to R42 000 per household.
About 42% of water is not adequately treated, since treatment plants are decaying. The province spent more on water purification, and there was a need to invest and build more treatment plants.
Financial constraints (cost increased by almost 40% in three years and has affected budget allocations).
Capacity (only 11 engineers are employed, and value for money has been compromised due to the appointment of consultants).
Planning (lack of bulk infrastructure and dispersed settlement patterns).
There was no funding for infrastructure maintenance and services. Infrastructure planned for 15 years deteriorates in six to seven years. The bucket system was eradicated in 2007 and was completed in uMzimkhulu in 2009.
The Ugu District represented the highest water backlog (with 33% of households without water) while Uthungulu represented a 41% sanitation backlog - the highest number of households without sanitation. EThekwini had 18 traditional councils, including a high number of households that lacked adequate sanitation. This would pose a great challenge in years to come if sanitation and water were not adequately and urgently addressed. In addition, some Water Service Authorities lacked the capacity to run their own affairs, including the maintenance of treatment plants.
Why a single contractor was awarded so many projects which could lead to failure in achieving its mandate?
Clarity was sought on the number of houses that were completely destroyed by the by disasters.
How far has the department gone in addressing disaster backlogs in the province?
What support is provided by the department in ensuring that housing chapters which are developed through Integrated Development Plans (IDPs) processes are credible?
What measures were adopted by the department to address contractors who performed poorly?
The delegation further requested an explanation with regard to R200 million which was reallocated.
The extent of housing support provided to child-headed families.
The current administration inherited the projects with challenges from the previous one. In an attempt to address this concern, a decision had been taken to reduce the number of projects allocated per contractor from 16 to four projects per contractor. However, a further challenge experienced by the department related to contractors operating under different names and thus being awarded multiple contracts in different municipalities. It was difficult for the department to trace such contractors.
The department indicated that a team of service providers was appointed to conduct an assessment in all areas affected by disasters. The department undertook to make the report, which will indicate the number of houses partially destroyed and those that were completely destroyed, available to the Committee at a later stage.
The department informed the delegation that the province's disaster backlog dated back to 2008 and that those figures continued to increase as disasters continued to hit the province. More than R133 million had been allocated to deal with disasters.
The department used shared services from COGTA and the national Department of Human Settlements in ensuring credible housing chapters.
The department had commissioned the Special Investigating Unit (SIUs) to verify matters when issues relating to fraud and corruption were raised.
It was indicated that this might have been due to the time frame within which the national Government expected the province to have spent the funds. The EIA was reported as one of the obstacles in the delivery of houses. However, some of the latter challenges had been resolved in February 2011.
Some of the delegation's concerns and questions were not answered.
Day 2: 28 February 2011 4.
The municipality had a population of 4 million. It was 60% rural, 30% urban and 10% informal in its form. The current employment rate ranged between 18 - 24%. About 382 of the 500 informal settlements in the city of Durban had been identified for in-situ upgrading. The Urban Settlement Development Grant has been earmarked to deal with the issue of bulk infrastructure. A total of 171 shack settlements were upgraded and 417 remained to be upgraded. Approximately 20 000 families were set to be relocated.
The number of houses built per year had increased from 16 000 to 23 000. The estimated housing backlog was 379 000 houses, which included informal settlements, backyard shacks and traditional dwellings. Approximately 440 000 people were in need of accommodation in the city and 42 % of the population were living in inadequate housing. The municipality had provided 145 000 houses over a period of 10 years. Water was provided within a radius of 200 metres from where a family resided. Basic services stand pipes and ablution blocks were being rolled out. A total of R24 million had been set aside to pilot the installation of services in seven informal settlements in the city. Approximately 240 000 families were in need of water and sanitation in informal settlements. In relation to the Kennedy Road informal settlement (established in the early 1980s) there were about 3 000 shacks and the majority of the population was poor and could not afford rental accommodation where services would be required to be paid. Kennedy Road had developed along a dumping site and people were looking for food in this place, which posed potential health hazards.
There was continual migration to the city due to the infrastructure developments, such as the construction and upgrading of stadiums, ports and other related facilities that were used during the 2010 World Cup. The city contributed R300 million towards the provision of housing from its budget in addition to the R800 million annual budget allocation from the provincial government. Due to the terrain, the city was unable to upgrade the roads, specifically in the surrounding rural areas where the landscape was mountainous. During the period when the Inanda Dam was constructed, people were temporarily accommodated in tin houses. There were people who still continued to live in these tin houses, as they were used as temporary relocation areas (TRAs).
The city raised a concern about the very slow accreditation process as the city believed that it had the capacity to deliver. A total of 293 old houses were collapsing. These houses were built prior to 1994 and had been handed over to the beneficiaries. A process of densification in areas such as Phoenix was underway. A number of housing projects had been taking place around the city.
Lamontville project (a hostel conversion). People had been promised by the department that renovations would be made. However, the subsequent policy reviewal had excluded rectification for houses allocated before 1994. The houses were in a dilapidated state.
The delegation sought clarity on how the city was managing the beneficiary list.
Clarity was sought on how the city was assisting poor people who were not able to pay rates and pay for services An amount of approximately R1.5 billion was still outstanding from the province to be paid to the municipality. Furthermore, an amount of R150 million was returned for rectification by the national Department of Human Settlements?
What were the plans to eradicate informal settlements?
The Extended Public Works Programme had benefited a large number of small contractors in the construction sector, for example the construction of a dam costing R1.2 billion.
On the question of whether the municipality had housing cooperatives, it was mentioned that co-operatives were in place and were piloted in the past 10 years. These were mainly located in the parks and recreation sites.
The city had an indigent policy in place. Households with a property valued at less than R190 000 were exempted from paying municipal tariffs. Such families received free basic water and prepaid electricity meter boxes were installed in each household. The city did not have an influx control policy to regulate the movement of people moving into and out of the city.
The eradication of informal settlements was the main focus of the municipality despite the fact that they were growing rapidly. The Cornubia project was a preferred site for the relocation of people who would be provided with low-cost housing during the slum clearance.
The delegation requested the city to forward the outstanding report on the beneficiary list management.
Cornubia was regarded as KwaZulu-Natal's first integrated sustainable human settlement. It formed part of the eThekwini Municipality's slum clearance programme that would promote higher densities, with a focus on work, play and live. The project would use housing as a catalyst for sustainable economic growth and accelerate housing delivery and improve the quality of housing products and environments to ensure asset creation. Housing had been indicated as an instrument for the development of sustainable human settlements in support of spatial restructuring. Cornubia was a strategic land holding situated within the northern corridor of Durban. It represented a public-private partnership between the city and Tongaat Hulett.
It was envisaged that the project would accommodate more than 50 000 units and house 200 000 people. It is also envisaged that there would be 15 000 units to cater for households earning less than R3 500 per month and 7 000 to 10 000 units for households earning between R3 500 and R15 000 per month (gap market). The estimated project value was R25 billion. During phase 1 of the project, 500 government subsidy units would be constructed to unlock the wedge of the development in duplex style. The project was expected to create 43 000 new permanent jobs and 140 000 to 280 000 construction jobs sustained over a 15 to 20 year period. A total private sector investment of approximately R17 billion was also envisaged.
Key challenges included the funding of bulk infrastructure at a total cost of R2.59 billion. Subsidised units (15 000) amounted to R2.3 billion and nonsubsidised ones to R2 billion. In addressing this challenge, an intergovernmental relations (IGR) forum had been established within the housing development sector. IGR protocols met on a monthly basis.
The project which formed part of the Slums Clearance Programme comprised in-situ upgrading. This project was inherited by the eThekwini Municipality from the Cato Manor Development Association in 2004. The project had been conditionally approved upon the municipality submitting a relocation plan of beneficiaries that would not be accommodated within the project. The department subsequently withdrew the approval due to the municipality's failure to provide the relocation plan.
The delegation was informed that there were approximately 4 500 shacks in the area and approximately 20 families had been relocated to a transitional camp. The original site had 1 500 sites according to the town plan layout. The process of densification had begun and the department had built double-storey houses due to insufficient space. The building of double-storey houses was costly as each house needed an additional amount of R20 000 because of the decking that had to be fitted between the lower and upper floors. One hundred and eighty double-storey houses were built. A challenge was experienced with the subsidy amount that had not changed. Communities were co-operative even though the rate of delivery was slow.
The ward councilor informed the delegation that a challenge was experienced with backyard dwellers that could not be properly quantified, as their number continued to fluctuate. There were people in the gap market, such as nurses and teachers, who were not accommodated in the low-cost housing programmes. Therefore, there was a need to disburse R1 billion that had been set aside to serve as a guarantee to banks when people from the gap market applied for home loans. The councilor also stated that it would be appreciated if the employers could play a meaningful role in assisting their employees to access housing finance.
The transition camp was established in 2003. Families in the camp were temporarily accommodated from various areas, and the camp currently hosted 600 families. Some families were relocated due to construction of their houses and others due to unsafe living conditions in their informal settlements. The camp accommodated people only for an 18-month period, but some people had been there for over three years. There was no electricity installed at the camp. Ablution facilities were available and in good condition. The units were constructed from corrugated iron, which was very hot in summer and very cold in winter. An amount of R7.5 million was set aside for cleaning of ablution facilities and cutting of grass.
The delegation visited one of the units, where an old man had been staying for more than three years. There were no windows; the room was extremely hot and dark. The occupant indicated that in 2008 he was promised that windows would be inserted. However, this did not materialise. The ward councilor informed the delegation that the room used to be a storeroom. For this reason, it did not have windows.
The residents alleged that there were rats and wild pigs that were biting infants and destroying their groceries. This was due to garbage that was all over the area. The garbage was not collected regularly, the place was dirty and the grass was very long.
The delegation cautioned the municipality to seriously consider the lives of the people. The restoration of the people's dignity was very important. The municipality was requested to urgently install windows, address the issue of the wild pigs and clear the area of long grass.
The project was spear-headed by First Metro Housing Company, which was the first social housing company in the city of Durban. The company was involved in the development and management of social housing in the eThekwini (Durban) metropolitan region of South Africa. The company's primary purpose was the development of quality, affordable residential property for low to middle-income households.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 88â2011 established on 2 December 1998 as an independent section 21 company (non-profit organisation) and was managed by a board of directors. The organisation was initiated by the eThekwini Municipality out of the twin city relationship with the city of Rotterdam.
The entire project had 261 units. The first metro houses constructed were 48 units, with two bedrooms. The project accommodated people earning up to R3 500. An amount of R125 000 per unit was received from the national department and R53 000 from the province. Similar projects were replicated in other areas in the province. Applicants were screened upfront, and the company conducted its own rent collection.
Kennedy Road informal settlement had been established during the early 1980s as a transit camp, with approximately 3 000 shacks. This number later increased to 9 000. The majority of the population was poor and could not afford rental accommodation where services had to be paid for. Kennedy Road had developed along a dumping site, and people were picking up food from the site which posed a potential health hazard.
The area was in the process of being densified and planning was due for completion within two months. Communities in the area were classified according to their needs, and it was confirmed that approximately 90% of the population was unemployed. About 577 families would be relocated to the Cornubia project once it had been completed. The issue of the beneficiary list still had to be addressed by the municipality.
The project has 916 flats, each measuring 60 square metres in size. The flats contained two, three or four bedrooms, and those people who are sharing a flat were paying R58.70 for a bed, while families were paying R370 towards rental. It was stated that the community residential units (CRUs) used to be under the administration of the province, but were later transferred to the municipality in 2007.
Lack of a maintenance budget.
Street lights were connected, but were not functioning.
Water pipes had burst and water had been running uncontrolled. There was a need to replenish the old pipes in order to stop the water from running in order to reduce waste.
Drains were blocked and during rainy days water flowed into houses.
One of the houses had damp on the walls, which was due to the leakage from the house above.
The grass along the edge of the storm water drainage was long and needed to be cut to allow water to flow.
The delegation advised the municipality to cut the grass in the area.
The project comprised 604 units. People started to move into the houses during July 2010. Each house had two bedrooms, a toilet and a shower, but was without a washing basin. The delegation was informed that the solar heating system would be implemented in the near future. The municipality was advised to assist with the installation of basins in bathrooms.
A section 21 project was constructed adjacent to this project, where 16 square metre-sized houses were built. This particular project required rectification. The community raised concerns that the houses were too small to accommodate large families. The ward councilor also confirmed that the living conditions were unacceptable. The municipal management advised the delegation that the project was also identified for rectification.
The project was part of the pilot projects funded by the province and had been identified for implementation under a Memorandum of Understanding (MOU) signed between the national Department of Human Settlements and a non-governmental organisation (NGO) called the Federation for Urban and the Poor (Fedup). Fedup looked after the interests of unemployed communities, as well as people who did not have proper housing. It was indicated that 96 sites had been set aside to be developed by Fedup of Utshani through PHP as a pledged subsidy. Utshani would build houses of 50 square metres on its sites. It was reported that 30 houses were completed out of the envisaged 96. The delegation was informed that members belonging to Fedup used their savings to enhance the subsidy amount provided by the government towards a PHP house.
The uMfeladawonye wa bahlali baseMjondolo briefed the delegation about a range of issues that had been taking place in their organisation. Mr Patric Magebula, President of Fedup, indicated that the organisation was established during the period when the late Minister of Housing, Hon Joe Slovo, had still been in office. Fedup had committee representatives throughout the nine provinces. It was stated that provincial governments gave funding towards the development of housing projects, while the Free-State and KwaZulu-Natal provided upfront subsidies for houses that were administered by Fedup. However, other provinces (North West and Mpumalanga) required that Fedup construct houses before the subsidies were released. This has proven to be a challenge as Fedup was a nonprofit organisation. However, the key characteristic of the organisation was to save (ie a saving scheme for building houses).
Furthermore, there had been a lack of policy shift, which demonstrated that people were still struggling to access proper housing. During the tenure of Minister Mahanyele, the former Minister of Housing, the organisation was institutionalised and turned into a section 10 housing project. Fedup started to build 10 houses in 2004. The organisation was given a R10 million revolving loan fund, and uTshani fund was established. Almost 16 000 houses were built by the Federation under uTshani nationally through cooperatives.
Fedup as an organisation trained and built its own capacity by training people and giving them skills in construction. However, the period for houses to be built took a little bit longer and in the process one would find that project members were always mobile as people were always looking for jobs. This made it difficult to retain skilled members and hindered progress. There had been complaints that the Cornubia project was not communicated. Fedup would have liked to become part of this big project by being given the sites on the green field for their housing developments. The challenge was that some councillors did not believe in the PHP. There were no sites set aside nor serviced land available for the organisation. Technical assistance was provided by Government. Fedup was also engaged in other social activities such as indentifying people who did not have identity documents and enabling them to receive tenure.
The delegation enquired whether Fedup was a registered construction company, how it generated income, and whether there were stipulated criteria for people to join. On the issue of land ownership, the delegation wanted to understand who the landowners were and how the organisation accessed land. The issue of accountability, especially in relation to finances, was also raised.
Fedup informed the delegation that to generate a sustainable income for the organisation, it planned to develop the recycling of refuse material. Members also contributed towards the monthly savings. Fedup had not been registered as a construction company but the uTshani fund was registered as a section 21 company. The organisation also received international donor funding.
With regard to the structure of the organisation, the uTshani board consisted of the President (Mr Magebula), a Secretary based in the Free-State province, and two committee members in each province.
The presentation by Mrs Nxumalo from kwaSiyanda informal settlement claimed that the community had been residing in the area for 22 years. During the construction of the MR 577 road, people were removed to create space for the construction of the road. There was a concern that road construction led to a situation where many people were forcibly removed from their shacks. People joined the aBahlali baseMjondolo in 2009. These were people who had been unemployed and who had little or no source of income. The area did not have proper services (lighting, water and sanitation and access roads) but eventually the municipality started interacting with the community. This interaction had since ceased. There were 614 families in the informal settlement. Mrs Nxumalo pleaded with government to assist them. The municipality had started the discussion on upgrading the informal settlement, but this was suddenly stopped. The community was trying to engage with province to chart a way forward.
The community raised concerns that there was neither water nor access to roads. Children had to cross the MR 577, and this could pose a danger to them. The municipality promised people land, which was later sold to a private buyer. There were four informal settlements that had been planned for piloting, but this did not materialise. It was reported that there are also transit camps in the area that were being misused.
The community observed that government perceived them as the opposition, and yet they needed assistance with service delivery. There was no consistency in delegating officials to work closely with the community. It was stated that officials continually changed. At some stage the community would be informed that the officials had resigned, which resulted in progress being compromised. Councillors convened meetings as political gatherings. The community later discovered that issues discussed in such meetings were addressing issues of development. NGOs and faith-based organisations (FBOs) were perceived as organisations that were taking over the duties of government officials when the intention was to assist with community development.
The community suggested that people should be involved in the initial stages of developments that took place in the community. They also indicated that they found it difficult to secure meetings with the municipality. However, the province had begun a process to interact with communities involved, which was led by Mr E Cele who confirmed that the matter was being addressed. Mrs Nxumalo informed the delegation that the effort undertaken by the province gave hope and encouragement that their frustrations could be addressed.
The delegation emphasised the importance of community participation in its developments. Self-build was also part of the option that the department should consider. It was also important for government to honour commitments made to people to limit unrest. The delegation confirmed that it understood the challenges faced by the community. The delegation thanked the community representatives and advised them that the Committee would communicate their report to the province and would receive the feedback from the provincial department.
Day 3: 1 March 2011 4.
Sisonke District Municipality comprised five municipalities in the district, namely Ubuhlebezwe, Ingwe, greater Kokstad, uMzimkhulu and kwaSani. The area is 70% rural, 20% urban and 10% farming and informal settlements, which placed challenges on its development.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 88â2011 the houses were of poor quality and some were collapsing. The municipality's intention was not only to provide low-cost houses, but middleincome housing was also critical to accommodate middle-income earners who do not necessarily reside within Ixopo, but who resided and worked within the entire jurisdiction of the Sisonke District Municipality.
The municipality was of the view that housing and bulk infrastructure should be aligned. There was a concern about poor planning, such as the poor alignment of housing plans within the district. Land acquisition in Ixopo was a major challenge and was limiting potential investment. In Sisonke landowners were reluctant to release land. There was also a shortage of skilled personnel in the area.
The municipality has a sanitation backlog of 25 000 toilets, of which 4 000 had been built in 2008. The next phase would be implemented in the following financial year. The municipality was at high risk of floods and disasters. The district inherited two major housing projects from the Eastern Cape that had challenges in respect of bulk infrastructure, ie Ibisi and Riverside. The latter had been blocked. The municipality also inherited 59 collapsed water schemes from Alfred Nzo District Municipality, which required rehabilitation.
The municipal manager indicated that the municipality had a backlog of 9 000 toilets in rural areas that required funding in the amount of R58 million. Thubalethu village was experiencing challenges related to water and sanitation. Mariathal experienced challenges related to water. Land had been donated by the Roman Catholic Church for housing development but it had water challenges. Mziki Agri village, the water project, was planned incorrectly.
The Mahehle Housing Project was located in the Ubuhlebezwe Municipality. The project was initiated by a group young people in the area during the period prior to the 1994 national democratic elections - during period of political instability. Following the death of 16 young people as result of instability during the election campaign in the area, the community had an opportunity to interact with the former President Mandela on concerns around issues of service delivery in the area. These issues included the lack of water supply, electricity, better quality of housing and job creation.
During the start of the project, land availability for housing development was a challenge. However, negotiations were initiated between the municipality and landowners. The major breakthrough was made when Mr Dlamini agreed to avail his land for the project.
However, there were additional delays before the project could be kickstarted, including the introduction of wall-to-wall municipalities in 2000 and the limited capacity of newly-elected councillors. The project also had to be implemented within the legislated framework of the Development Facilitation Act. As a result all these factors, including the lack of political will, led to the delay of the project, which only commenced in 2004. The construction of phase 1, comprising 500 units, started in September 2005 and has since progressed very well.
The Mahehle project delivers 1 500 square metre stands with a 45 square metre top structure, with additional 15 square metre floor slab (to be completed by households themselves) to make the complete foundation floor slab 60 square metres. This was done to encourage the PHP initiative. The roof construction was designed in a manner that allowed the extension into the 15 square metre area and made it very easy should the owner wanted a complete 60 square metre house. Each site was serviced with road access, metered water supply, and a VIP toilet. The project has been prioritised for the Local Electrification Plan. The Committee would follow up on the figures presented by the municipality on the delivery of stands.
150 completed toilets;.
In terms of the civil engineering infrastructure construction, the work was almost 95% complete with the total length of road being 5,24km and the total length of bulk water line being 9,4km.
To date, 491 community members had been directly employed. The labour pool was being rotated on a 13-week basis to enable people to be exposed to work opportunities and enhancement of their skills. The wage bill was currently R2.5 million. The workforce comprised 130 women, 150 men and 150 youth. Persons with disabilities also formed part of the project.
The people's entrepreneurial talents have been unearthed by the project, with one reported case of a Mr Khumalo who owned a close corporation, MC Construction. The company manufactured the VIP toilets and supplied the sites. More than 200 toilets have already been supplied and the company employed six people on a full-time basis.
The project manufactured its own concrete blocks from the block yard established by the implementing agent, Net Project CC, which was an inhouse supplier. A total of 24 well-trained individuals produced a minimum of 2 400 blocks daily. The block yard ownership was earmarked for transfer to the community once phase 1 (500 units) of the project had been finalised. The municipality has since secured the commitment from the implementing agent that phase 2 of the project would be supplied by the same block yard, even after ownership has been transferred to the community.
In Underberg an amount of R120 million was needed to eradicate the sanitation backlog. An additional R20 million was needed for a small treatment plant. The theft of livestock was a challenge. In Gqumeni, the sanitation backlog required R5 million.
The municipality had a backlog of 15 000 toilets, however 5 000 units have been delivered to date. In Bulwer a project plan to construct a dam was in progress, while Tarsevalley and Donny Brook experienced challenges in terms of water and electricity.
Infrastructure was collapsing due to population growth in the town. Farmers continued to evict farm workers, and almost 40 000 workers had been evicted to date. The situation placed more strain on the municipality as these communities were vulnerable. Some workers had been recruited by farmers from neighbouring countries. Therefore, the municipality found itself under pressure to provide shelter, of which resources are very limited.
Makhoba was a farm area with 15 to 20 farms and situated on communal land. There was a settled land claim, but the Agri-village development plan had been delayed due to bulk infrastructure approval. A business plan had been approved but funding from the municipal infrastructure grant (MIG) was awaited. The amount of R25 million was approved by the Department of Water Affairs (DWAF) to start a water project by April 2011.
In Franklin, land had been offered by Transnet for the slum clearance programme. The process of transferring ownership to the district was currently underway. There was also the challenge of farmers who destroyed graves. It was reported that the Department of Rural Development and Land Reform was not providing assistance in this regard.
the status of the presidential project that was started in 1996 in Mahehle.
Concerns were raised about the housing backlog in the district, projects due for rectification, the settlement of land claims, social housing, the upgrading of informal settlements, job creation initiatives, land acquisition and the role of the Housing Development Agency (HDA).
It was reported that the annual capital budget was R220 million, funded primarily through the conditional grant and equitable share. Kokstad Municipality had also applied for a R13 million loan from the Development Bank of Southern Africa for upgrading of Kokstad's infrastructure. The interaction with the HDA has not yet been effected. With regard to social housing, it was reported that state-owned land was not available. However, urban regeneration plans were in place. The Riverside phase 1 was a blocked project and the NHBRC had been appointed to assess the houses. Umzikhulu phases 5 and 6 were being implemented. Both projects were due for completion early in 2012/13. All other projects in the area were not able to proceed to implementation or resuscitation due to challenge with land availability and bulk services.
The challenge with water was that water resources developments were limited, and the present government had not built dams in the area. In terms of job creation, all projects were labour intensive. When awarding contracts, there was a clause which catered for job creation and utilisation of small contractors through sanitation projects. Small contractors also played a role in the maintenance of small schemes and were supported by established contractors.
The DBSA was invited by the municipality to make a presentation on progress and initiatives in collaboration with the Sisonke municipality. It was reported that there were two types of funding, ie loans and development funding. Since the DBSA did not pay tax, it did not charge any interest on its loans. There were two divisions: (i) Sustainable Community Division which dealt with community facilitation and (ii) Rural Development - this programme involved communities to participate in the development and planning stages. The DBSA also funded planning and facilitation. In terms of the cycle, development was characterised by the involvement of various stakeholders which finally promoted and enhanced Integrated Development Plans (IDPs). The DBSA had introduced a number of programmes for municipalities by employing specialists.
The DBSA had been involved in housing development programmes, such as in Grabouw in the (Western Cape) and Elliotdale rural housing where 50 housing units were built using the concept of integrated human settlements. In the Kokstad municipality, the informal settlements continued to spiral out of control, and there had been a motivation for the municipality to pilot a project to eradicate informal settlements.
Frustration was experienced at national government level due to the fact that clear objectives, legislation and sound policies had been developed and significant financial resources had been made available, but were not adequately utilised by municipalities.
Inadequate level of involvement by and expertise of public and private institutions in developing and implementing models for integrated sustainable development.
Facilitating integrated interaction with key government departments and agencies through concrete partnership projects.
The increased competition for development finance and the need for the DBSA to carve its niche within that space very early during project development and create a comparative advantage.
The delegation emphasised the critical element of integrated planning which involved the provision of social and economic amenities. To address the issue of water shortages, water harvesting was regarded as crucial. The Mahehle housing project required urgent attention. The availability of land was not only a problem in Sisonke. However, it was time to effect the Expropriation Act in order for government to fast-track development to its citizens. While there was legislation that protected workers, farmers continued to evict workers from their land and destroy ancestral graves for purposes of commercial farming. Such acts demonstrated disrespect for these farming communities.
The delegation indicated that it would request the Portfolio Committee on Human Settlements to interact with the Portfolio Committee on Rural Development and Land Reform to further investigate the issue in Kokstad.
It was reported that the DBSA seconded officials to municipalities to assist in addressing issues of incapacity. The delegation was concerned about the limited information provided by the district as it was only focusing on bulk infrastructure and projects that were currently not active. The delegation, therefore, required an overall picture of all current and active projects, including the number of upgraded informal settlements and those due for upgrading, as well as projects due for rectification.
The project was initiated in 1997, with the aim of constructing 2 000 units. During this period, the housing subsidy was R16 000 per unit. A total of 1 000 units were to be constructed in two phases. However, in 2006, the project became blocked due to a lack of funds. To date, a total of 270 units have constructed, of which 30 are not suitable for habitation. In the past, a number of residents were employed at a nearby timber factory, which has since closed down.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 88â2011 community. This required that the beneficiary list had to be revisited to identify the actual number of people who were in need of housing in the community.
It was reported that despite several attempts by the KwaZulu-Natal provincial department to access documentation from the Eastern Cape province, it did not yield positive results. Currently, the KwaZulu-Natal department remained unaware of who the project developer was. A service provider was appointed to conduct rectification, but the NHBRC had to be consulted first in order to assess the extent of the damage. Most of the houses would have to be demolished and 378 families would have to be relocated. While the beneficiary list was available, it required updating.
In 2005, approval was granted for the construction of 900 units. These units would be developed as a PHP initiative. Units were 40 square metres in size and included two bedrooms and space for a toilet, but the toilet bowl and doors were not installed. It was observed that units were poorly constructed and the majority of units were without sanitation facilities. In some instances, occupants installed their own sanitation facilities, which are inadequate. The delegation raised a concern about the absence of doors leading to bedrooms, which ultimately compromised the occupants' sense of privacy.
The province informed the delegation that the NHBRC had conducted an assessment of 608 units, of which 529 houses would be demolished. The provincial department confirmed that houses that would be demolished would be reconstructed according to the current housing specification of 40 square metres.
The township register was established and about 529 transfers had been registered with the Registrar of Deeds. More than 200 sites had been affected by land invasions and in some instances a single beneficiary had invaded up to five or more sites.
The delegation did not visit the project as it was informed that the Ibisi project had similar challenges as those identified in Clysdale and had been earmarked for rectification. The project started in 2004 with the construction of 636 units. The units were 40 square metres in size. A sewer system was not installed, and the project was blocked during March 2007. In order to install the sewer system, as well as house connections, the district municipality should first attend to upgrading the existing bulk sewer line, which had collapsed.
To date, none of the sites have been transferred to beneficiaries, since the location of the Eskom power line servitude that run across the farm prohibited the individual transfer of the sites from the province to the beneficiaries. The town register was not yet opened.
Day 4: 2 March 2011 4.
The Umgungundlovu District Municipality comprised seven local municipalities, namely Msunduzi, uMshwathi, uMngeni, Mooi Mpofana, Impendle and Richmond. The municipality's total population was close to a million.
An overview of projects was provided. There were considerable delays in the implementation of projects, at times for periods exceeding 10 years.
Impendle village consisted of 500 units. However, it required bulk water and sewerage upgrades. The budget for the project was R11.5 million. Once the record of decision (ROD) was finalised, the Planning and Development Act (PDA) application would be lodged with the municipality. The estimated costs for bulk infrastructure had been submitted to the district.
Mpofana (Craigiebum) consisted of 850 units. It required a bulk sewerage treatment plant with an estimated budget of R5.5 million. An implementing agent was currently attending to the ROD and PDA application. Cost estimates for bulk water supply, rising mains, treatment works, and a storage reservoir amounted to R26 million.
Vrystaad Farm consisted of 100 units. It required the installation of a sewerage pump station (estimated at R4.5 million) and a storm water system (estimated at R3 million). The project received stage one approval on 18 February 2010. The implementing agent was exempted from a full environmental impact assessment (EIA) and was attending to the PDA application for verification.
Sierra Ranch/Ekujabulani required pump rising storage (estimated at R2 million) and a water purification plant (estimated at R5 million). The project had received stage 1 approval. The implementing agent was in the planning process, the EIA public hearings had already taken place, and the PDA application was being packaged. The project was a public/private initiative with an integrated development approach.
uMshwathi (Dalton/Cool Air) consisted of 437 units. An outfall sewer connection was required, since the existing sewage system did not have adequate capacity. The cost implication was about R1 million. The Less Formal Township Establishment Act (LFTEA) application had been submitted to COGTA during August 2010. The municipality was awaiting approval for services and the construction of the units.
The uMshwathi Slums Clearance project consisted of 3 000 units. The first phase required the installation of bulk services and the construction of sewer pump stations and sewerage works (estimated at R20 million). The bulk link pump station and storage reservoir required R5.5 million, while funding for the taxi route was estimated at R15 million. The general status of the uMshwathi project was at the feasibility stage. This initiative would address the clearing of the slums within the municipality. The EIA public participation process had been undertaken, while the application for the ROD was in the process of being drafted.
Richmond (Zwelethu) consisted of 120 units. The project required bulk services which included reservoir upgrading, a pump house and a rising main (estimated at R2.5 million). The status of the project was that the installation of services had been completed and the certificate in this regard had been issued. A confirmation letter for JoJo tanks was still awaited, while an application for top structures would be submitted to the Department of Human Settlements.
Amanda's Hill consisted of 40 units. The project required bulk water estimated at R2 million.
St Bernard consisted of 360 units. The project required bulk water estimated at R4 million. Stedone was appointed as the implementing agent and was in the process of planning.
Mkhambathini (Poortjie) consisted of 481 units. The project required bulk water and a sewer upgrade estimated at R10.7 million. The MEC had approved the expropriation of land, but it was subjected to a legal challenge by the owner. Feasibility studies were in the process of being conducted.
Stockdale consisted of 250 units. The project required bulk water and a sewerage upgrade estimated at R6.6 million. The acquisition of the Stockdale project land was transferred by the Department of Rural Development and Land Reform to Mkhambathi municipality and was awaiting approval.
Ward 7 Premier Flagship programme. A planned 25 000 housing units would be constructed over the next five years, starting in 2011/12. The project required bulk water supply, as well as ventilation improved pit (VIP) toilets for the area. The cost implication for the project had yet to be finalised.
Umngeni (Khayelisha) consisted of 1 575 units. The project required an upgrade of the Mphophomeni sewerage works in order to accommodate phases 2 and 3 of the project. DFA Tribunal made part of the ROD for only phase 1 to proceed. Phase 2 and phase 3 were intended for an upgrade. The entire project required R40 million. The project site was assigned to the contractor on 19 January 2011 and the civil infrastructure construction was currently in progress.
Sewer pump station: the site required R4.5 million.
Bulk storm water and pump station: the project required R3.5 million.
Cedara consisted of 1 000 units. The reservoir needed to be constructed and was estimated at R2.5 million. The link main required R4 million and the upgrade of sewer treatment works required R5.2 million. The status of the project was at the planning stage. The implementing agent was awaiting the ROD. The DFA had given an inprinciple approval, subject to the ROD approval and the resolution of the outstanding issue of the access road.
KwaNxamalala: VIP toilets were required for the Nxamalala or Inanda area. The cost associated with the VIP toilets would be determined in accordance with the norms and standards of the Department of Water Affairs and Forestry (DWAF). The project had received stage 1 approval. Planning activities were underway.
Since 1996, the Msunduzi Municipality had delivered approximately 25 000 housing units and upgraded 12 500 properties to free-hold title in Edendale. The municipality transferred considerable hectares of state-owned land for housing development. It was embarking on a large land acquisition programme of privately-owned land for housing in the following areas: Dambuza, Machibisa, Caluza and the greater Edendale. In its delivery, Msunduzi had encountered many challenges and delivery targets were subsequently compromised. Between 2006 and 2010, the municipality delivered 17 523 sites and 5 769 units.
Breaking New Ground (BNG) projects currently planned included 6 423 sites. There were also 3 2000 flagship projects and an additional 7 500 rental and private units. A total of R43.3 million, however, remained unspent for various reasons. The application for 2 500 units has been submitted for conditional approval. A total of 1 000 units was submitted to the Department of Human Settlements in November 2009, but the project did not appear in the Medium Term Expenditure Framework (MTEF). A further 1 923 units were awaiting EIA approval, while 1 000 had received a response on conditional funding and another 1 000 had been planned for the future.
The municipality managed a total of 32 000 flagship projects, which included a rural housing project in Vulindlela (amounting to 25 000 units). The application was submitted to the Department of Human Settlements in June 2010.
A total of 7 500 sites were planned for rental and private accommodation, of which 5 000 were planned as future projects. About 1 500 sites were reported to be administered by the Municipal Housing Association (MHA) for rental housing projects. The remaining 1 000 sites located in the central business district (CBD) were currently under discussion.
Unspent funding as at 30 June 2010 constituted approximately R43.4 million, which accounted for 16 projects. The projected completion date of the projects was between 2011 and 2014.
Lack of co-ordination between the Department of Human Settlements and the municipality.
No responses on rectification projects, particularly in the Wire-Wall projects.
The reports prepared by the NHBRC on rectification projects were not available to the municipality. No consultation took place on the role of the municipality and the deadlines for projects.
The Housing Demand Database was driven by the Department of Human Settlements, while provincial database had been superseded by the national database. The municipality is waiting on the Department of Human Settlements to provide access to the database for evaluation. Access was necessary for registering people with housing needs.
Informal settlements were in most cases located on land that was not suitable for development, and maintaining a database for people residing in these settlements has proven to be a challenge. Settlements were densely populated and if upgraded, the land could not accommodate the entire community. Some of the people would require relocation.
Beneficiaries residing on the land intended for development were refusing to move.
Illegal occupation of houses.
Unavailability of beneficiaries during the time of allocation.
In response to concerns raised about the number of blocked projects, rectification, poor spending and inadequate co-ordination between the province, district and the local municipality, it was indicated that the presentation by the municipality was not a true reflection of the situation. For example on the issue of non-cooperation by the province, it was indicated that most of the projects were approved. However, it was discovered that those projects were not incorporated in the IDP. Meetings with the Umsunduzi municipality were held monthly to deal with issues of legislative requirements, etc. Unspent funding affected about 54 municipalities and the province was in the process of consulting with each one individually. The unspent funds needed to be transferred to areas in need of funding.
The site previously served as a hostel, accommodating males working in nearby factories. Hostels were dilapidated, and people were moved in without any measure of control. There was a lack of information in respect of who occupied which unit and where monthly rent payments were made. There was some concern about unemployed people occupying the hostels.
The delegation visited a unit occupied by a woman who was critically ill and bedridden. The unit she occupied was previously utilised as an office, but she was accommodated by a sympathetic councillor. The occupant indicated that she had been living the unit, together with her nine children, for a period of nine years.
The delegation observed that the family was socially vulnerable. As such, the occupant required support from health and social service practitioners. Home-based care workers should be assisting in this regard. The provincial department committed itself to interact with the municipality to find adequate shelter for the family as a matter of priority.
The delegation also encountered a group of residents who raised grievances about the hostel units they were currently occupying. The units' function changed from single male shelter into family occupancy. Some people were given title deeds, but another person would come along to claim ownership and force the family to vacate the unit.
Another resident indicated that his father used to live in one of the houses for more than 20 years, but people came with a gun and forced his family to evacuate the house. Some houses were illegally sold without even notifying the occupants of such sale. The price paid for some units amounted to approximately R55 000. Occupants reported paying rent of R7.50 per person per bed, and furnished the delegation with receipts as proof of payment. Copies of these receipts would be made by Dr Bheki Shabane from the provincial department, while original documents are to be returned to the owners. The provincial department was further requested to safeguard copies of receipts for further enquiries.
The delegation was dismayed by the selling of such dilapidated units and recommended that the Special Investigating Unit conduct an investigation into this issue.
The project started in 1997 as a flood relief programme. There were 450 double-storey units, and four families were accommodated per block. The original project was a wire-wall project, but was phased out due to a number of challenges. The project experienced financial constraints and was refinanced in December 2010.
While the delegation was informed that the completion of the project was due on 31 March 2011, it was evident during the site visit that there was no contractor on site and structures were left incomplete. The community indicated that the site office was closed during October 2010 after the contractor (Amawela) left. The delegation was not furnished with an adequate explanation for the closure of the site office. Residents were relocated to transit camps constructed by Amawela. However, the transit camps were vandalised, which left many families with no alternative than to illegally occupy the partially finished units. It was alleged that the contractor was not paid and that this had resulted in the project being abandoned.
The delegation requested a comprehensive report from the provincial department, detailing what happened with this project and why the contractor was not paid.
The Registrar of Deeds formed part of the Department of Rural Development and Land Reform. The Office's function was to maintain a public register of land, preserve all the records and provide information to the public. The duties of the Office were derived from the Deeds Registrar Act (No. 47 of 1937). The Registrar of Deeds used a land registration system known as Casadral, which entailed the identification of land parcels and the registration of ownership.
A major challenge to maintaining an accurate and updated system related to the fact that transfer of ownership only took place on registration. Information was not automatically updated when an individual's marital status or marital regime changed, for example. In December 2001, the Registrar of Deeds launched an electronic system, ie the Deeds Office Tracking System (DOTS), which enabled the Office to scan deeds into different tracking points. The data preparation took six days to finalise, unless there was a document missing and rejected. Governmentsubsidised houses were processed in three days. The conveyancers dealing with subsidised projects should apply to the Deputy Registrar of Deeds prior the registration in order to be awarded priority. In such instances, a red stamp is affixed onto the deeds indicating state-subsidised housing, and consequently expedited.
The Housing Act (as amended) was not considered by the Registrar, since the province had not requested it. This could be a challenge, since statesubsidised houses were sold almost every day, despite such transactions being illegal.
The challenge was poor conveyancing with regard to state-subsidised housing, hence there was no indication that the house was in compliance with an eight-year or pre-emptive clause. The missing information in a batch ruined the entire process of registration.
The Committee advised that in future, the province pro-actively inform the Registrar of upcoming projects to allow for proper planning.
Councillor Dladla of ward 34, an area under Msunduzi Municipality, informed the delegation that communities in that area were moved from other areas and were relocated in Tamboville. A total of 300 shacks were built. Communities were sharing a few toilets which were not in a good condition and which were difficult to access, especially at night. Water taps were located far from residents, and there were no access roads. There was only a primary school and the children were struggling to get to the secondary institution because of the long distance they had to travel.
The project was located in ward 18 and was established more than 10 years ago. The following observations were made: walls were cracked, water pipes had burst and water was flowing freely down the street for more than two years, and drains were blocked. It was also evident that the community was sharing a single tap. Toilets had been installed, but were not connected to water. Given these circumstances, the community was obliged to carry buckets of water in order to flush the toilets. When the outside container was filled, residents were obliged to hire people with chemicals to disinfect it, while those who could not afford this would empty containers in nearby bushes.
The delegation was informed that owners sold their state-subsidised houses, while others were renting for approximately R150 to R200 a month. It was alleged that the councillor was forging eviction orders to defaulters and selling their houses. The councillor had circulated a fraudulent letter to evict one of the occupants. The letter was handed over to the province for safe keeping.
The owners of state-subsidised houses were not known and the tenants were tired of paying rent. The rent ranged from R252 to R500 a month. Some tenants seemed to have no idea nor understand that there was a waiting list in the municipal offices where they could submit their names. Residents asked the municipality to transfer the houses to them so that they could effect renovations.
Day 5: 3 March 2011 4.
The district comprised five municipalities, namely: eMnambithi, Umtshezi, Okhahlamba, Imbabazane and Indaka. The following water and sanitation programmes were approved and funded to the value of R252 million by DWAF as well as through the MIG.
eMnambithi LM - The municipality consisted of 25 wards, with a total population of 236 746. The number of households totalled 50 259. The water backlog in 2006 stood at 2 750 households, and since 2010 a total of 1 713 households were in need of water. The municipality was implementing seven water projects, of which four have been completed and handed over to the communities. Two projects were still in progress (about 95% complete). Thirteen reservoirs have been completed and handed over the municipality.
There were four sanitation projects: two have been completed while the rest were still in progress. Eight new sanitation projects have been introduced to the value of R7 million for the 2011/12 financial year. The sanitation projects were funded by DWAF. The Zakheni sewer project has been put on hold.
Okhahlamba LM - The municipality consisted of 13 wards, with a total population of 151 446. The number of households totalled 28 508. The water backlog as at 2010 was 6 413. There were three water projects: one has been completed while two were still in progress. Two sanitation projects were still in progress while another was awaiting AFA approval. With respect to new sanitation projects, a contractor has been introduced in one project while in the other remaining four a contractor has yet to be introduced.
iMbabazane LM - The municipality consisted of 12 wards, with a total population of 140 747 and a total of 24 559 households. The water backlog as at 2010 stood at 12 161. The Ntabamhlophe project was in progress and was divided into 13 phases. Phases 1 to 4 have been completed, while phases five and six bulk infrastructure has been completed. The reticulation would commence soon. Phase nine bulk, as well as reticulation is soon to commence.
A total of five sanitation projects have been implemented: three have been completed and two were still in progress. There were three new sanitation projects. A contractor has been introduced for one project, while contractors for the other two would be appointed in the near future, The municipality was still awaiting new business plans.
Indaka LM - The municipality consisted of 10 wards with a total population of 101 555. The number of households totalled 21 081. The water backlog as at 2010 stood at 3 390. Two water supply schemes were awaiting handover. Two sanitation projects were in progress. Six new sanitation projects had been introduced. A contractor has been introduced in four of the projects, while a contractor still needed to be appointed for the remaining two projects.
Umtshezi LM - The municipality consists of seven wards, with a population of 83 906. The number of households total 15 232. The water backlog is determined at 2 520 households. One project is currently in progress, and will include water and sanitation in Thembalihle. There are three new sanitation projects at a planning stage; for two of the projects contractors have already been appointed, while a contractor is still to be appointed for the remaining project.
The district was experiencing a drought, ie about 50% of boreholes were dysfunctional and dams had dried up.
Water and sanitation infrastructure had been vandalised by the residents.
Power supply was interrupted as a result of lighting that struck one of the power stations.
The municipality was located in a storm belt corridor, which made it susceptible to storm-related disasters. The 2006-2011 IDP focused on urban renewal, of which an application was made to the department in 2007. Confirmation of R50 million was received and the project was earmarked to be a presidential project. However, the province subsequently reported that there was no policy to allow the funds to be released. In 2007, the President visited Zakheni and emphasised that the urban project would proceed. In 2008, the area was struck by floods and storms, and in 2009 a business plan was submitted to the Department of Human Settlements. An amount of R18 million was released for immediate relief by the province, but this amount was inadequate. The storm struck the area repeatedly and the situation deteriorated considerably. The municipality was in the process of reviewing its business plan.
The municipality has a slum clearance programme in accordance with the MDG targets. The department has only approved 1 500 beneficiaries for this propramme.
In 2007, a business plan was submitted to the province. In 2010, the MEC announced that R300 million would be released to deal with relief housing and storm damage. Since then nothing has happened. The NHBRC demanded that projects be registered with it by the province or municipality and indicated that late registrations would be rejected.
Most towns and villages were affected by disasters. Seven people had lost their lives and 534 houses were smashed to the ground. An amount of R35 million was set aside for disaster-affected areas. The area was susceptible to lightning, and therefore lightning conductors should be installed in order to alleviate the problem.
In most areas, landowners were not residing on their land while others were deceased. This made it difficult to trace the owners. Tenants were also negatively affected.
It has been a challenge to deliver rural housing since most of the land in the area was managed by the iNgonyama Trust. However, the situation was improving since discussions to release land were in progress.
Farmers had contributed land for housing developments.
A concern was raised about the number of business plans presented.
The HDA should be involved in issues relating to land, and assist in tracing the landowners.
An amount of R300 million made available by the MEC should be followed up.
Conditions should be stipulated to consultants in respect of projects and should include time frames for completion.
An update was required on the R2.6 billion identified in the state-ofthe-nation address intended for water and services in KwaZulu-Natal and Limpopo.
Clarity was required on the R800 million that was readily available for disaster relief.
The project was located in a peri-urban community and consisted of 3 000 units. However, an additional 500 units were still required. The project was divided into two sub-projects: the first one related to in-situ upgrading, while the second one was in regard to green field development. One aspect of the project was rural in nature (sites are larger in size), while the urban component consisted of smaller sites. It was reported that people originating from outside the area benefited first, while the initial beneficiaries were still on the waiting list. The area was located far from social amenities. However, the Department of Arts and Culture provided a mobile library.
A community centre, which was completed during October 2010, was situated in close proximity of the project. To date, the centre had not been made available to the municipality and there was some concern that it faced the risk of vandalism.
The project originated as an emergency project and consisted of 642 units. The dwellings were constructed from mud, and bulk infrastructure had yet to be established. There was also no running water available. The site was properly planned and included access roads.
The delegation advised the municipality to construct an apron to prevent rainwater from penetrating.
There was no bulk infrastructure and the area was not considered suitable for human habitation. Mud houses had been washed away while others had collapsed.
The district consisted of the following local municipalities: New Castle, eMadlangeni and Dannhauser. The estimated budget for water and sanitation programmes in both eMadlangeni and Dannhauser totalled R836 million. New Castle was a water services authority and relied on the MIG. An amount of R50 million has been allocated for water and sanitation services for the municipality.
Thirteen informal settlements were located in the area. The housing waiting list at the time constituted 34 000 beneficiaries. Provision was made for a total of 20 housing projects.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 88â2011 additional nine were planned for the future. The slum clearance project was intended to deliver 1 400 houses, but instead delivered 1 388 units.
Phase 1 project - All 450 units were delivered. Section F phase 2 - All 500 units were delivered.
Mopheme - A total of 500 units were planned but none were delivered.
Standsfordhill - A total of 5 000 units were planned and 4 169 were delivered.
Emadadeni - A total of 1 141 units were planned and 1 140 were delivered.
Amehlesizwe Phase 3 - A total of 670 houses still have to be delivered.
Amathukuza rectification - The NHBRC was appointed to assess houses, and R175 million was allocated.
Khatide - A total of 1 000 houses required rectification.
Charlie's Town - A total of 1 500 units had been planned.
Siyahlala la - A contractor for the 1 000 houses had been appointed.
Emawozeni - A total of 200 houses had been planned. It was a project for people with disabilities. The project was run by the Department of Social Development and specific programmes were put in place to specifically serve their needs. They also needed to be placed in an area where they were able to access their places of work and other activities in which they were involved.
JBC housing project - The municipality purchased land for R5 million. The challenge was that the project was still awaiting the title deed from the Department of Rural Development and Land Reform.
Ingogo project - A total of 7 500 units had been planned.
Viljoen Park - The project was in the preliminary stage.
No green fields.
All projects were slum clearance projects.
Unresolved land claims.
Deceased beneficiary delays.
Bureaucratic tendencies stifled progress.
The feasibility study for bulk infrastructure has been finalised and phase 1 was approved at a cost of R13 million. A total of R1 million was allocated in the middle of the 2010/11 financial year. The objective of the project was to eradicate the water backlog in an estimated 4 312 households in the municipality.
It was estimated that a total of 17 235 households would be served at a cost of R85 million. A total of 600 VIP latrines were planned in areas such as Clerafarm, Eastbourne, eMafuathela, Fulathela, Mafahlawane, Phillip Farm, Shepstone Lake, Drangaan and Eitlek. To date, a total of 376 VIP toilets have been completed. The estimated cost for infrastructure refurbishment was R5.7 million.
Existing infrastructure was deteriorating, resulting in significant water losses.
Limited functionality around water conservation and demand.
Pollution of rivers and dams.
Inadequate maintenance of all infrastructure.
Inadequate institutional arrangements (lack of municipal institutional arrangements, lack of suitable and trained staff and limited or no service quality monitoring).
Funding and financial challenges (lack of revenue, indigent policies and enforcement, private sector investors and lenders not attracted to invest in infrastructure roll-out).
MIG constraints which were attributed to the adverse implementation of the water sanitation projects.
In response to questions raised, the municipality indicated that social housing had not been planned and that this was an area that required future focus. On the management of the waiting list, it was previously differentiated according to race. There was a list for Coloureds, Indians and Blacks. However, since 2009 there had been a single list for all beneficiaries that was reviewed every two years. To minimize poor workmanship, the province was not allowing any project that was not registered with the NHBRC.
On the issue of land, owners were reluctant to allow the community to bury their relatives on privately-owned land. Some owners were reluctant to release land to the Department of Human Settlements for development. Two separate cases were reported where the department had to expropriate land for development.
Day 6: 4 March 2011 4.
The project was initiated in 2000. The private developer had constructed houses of poor quality and would frequently disappear from the site. The land used to be owned privately by smallholdings. While the deed of sale was signed and paid for, the land had yet to be transferred. The municipality recommended that the developer's contract be terminated. The MEC decided to offer the developer a second opportunity, but closely monitored the situation. However, due to continued poor workmanship the developer's contract was terminated. After litigation, the developer won the case on technical grounds. Since then the infrastructure has continued to deteriorate.
A total of 247 houses has been completed and handed over without any electricity. There was no intention to develop the remainder of the units. Water plans would be rolled-out in within two weeks.
The delegation expressed concern about the land technically still being under private ownership. In this regard, the municipality should fast-track the transfer of the land. The delegation articulated its concern about the conditions of access roads and required further clarity on the role of the Extended Public Works Programme (EPWP) in the area.
Approximately 1 300 houses were due to be demolished. The EIA was a challenge in the area.
4.32 Meeting at uPhongolo Local Municipality uPhongolo was one of the five municipalities in the district of Zululand and consisted of 14 wards. The municipality estimated the population size to be 11 900. The housing backlog stood at 55 000 units.
Housing delivery was initiated in 1997 and resulted in the Incotshane Housing Project with 215 units completed in 1998. These units were 32 square metres in size and included two bedrooms and a kitchen/lounge. The toilet was located on the outside and all units were equipped with a waterborne sewage system. Building blocks were produced by the local community under the supervision of a project manager. The material used was sub-standard. The Nu-Tec roofing was too light and could not withstand hailstorms.
The beneficiaries had been occupying the houses for a period of about 13 years without such houses being transferred. The reasons for this were that the opening of the township register and mineral rights had not been resolved. The municipality communicated with the Ingonyama Trust on several occasions without any success.
The Ncotshane project was initiated in 2001/2002. The project initially provided for 1 100 sites, but it was later reduced to 1 054 sites due to the rocky land topography. To date, 250 units have been completed and a further 32 units were in varying stages of completion.
The project started in 2005 and was later put on hold in 2006 due to the disagreement between the implementing agent and the uPhongolo Municipal Council. The council obtained bridging finance in the amount R3.2 million to finalise the 250 houses that were not completed in order to prevent them from being vandalised. A new implementing agent was appointed to package the application for submission to the Department of Human Settlements. The council reported that there was a severe hailstorm that hit the municipality and most of the houses were severely damaged. The beneficiaries of the housing project were approved and were ready for their houses to be built.
The municipality was preparing for the new project in ward 1, which was the result of the land restitution and land redistribution programmes from the following areas: Candover (350 houses), Cottlands (70 houses), Bethel (70 houses), and Hlamanyathi (70 houses).
The above-mentioned communities have displayed an interest in having state-subsidised houses constructed. Consultation was ongoing with the Department of Rural Development and Land Reform to determine the ownership of the land. This was critical for ensuring that the correct instrument of the subsidy would be used in these projects. The project was in the preparatory stage.
Land availability, in particular limited state-owned land.
Some of the land in existing settlements was not suitable for housing purposes.
Farmland was privately-owned and expensive.
Influx of people into the urban areas of uPhongolo.
Availability and reliability of data that highlighted exact backlogs in relation to the number of applicants who qualify for housing.
Housing need in rural areas has not been quantified.
Certain tribal by-laws restricted access to housing.
Poor services in most areas despite the existence of infrastructure. This also affected the provision of free basic services and payment of services.
Some areas, for example farms and informal settlements, had no access to services.
Financial arrangements and access to funding, for example access to credit, were limited due to land ownership issues and low income levels.
The municipality was urged to attend to an open drainage system and to cut the grass for children's safety.
There was limited adherence to IGR (lack of synergy) and co-operative governance. The delegation was able to draw together various stakeholders from different spheres of government, which enhanced the oversight experience. Various stakeholders were able to respond immediately to critical issues and clarify issues where a collective response was required.
There was no consistency in the reporting system on projects by the province, districts and local municipalities.
A few municipalities had initiated new projects, but most of the projects were due for rectification.
Proper co-ordination between the districts and local municipalities were still lacking.
Responses to post-disasters did not convince the delegation that municipalities were capable of responding to disasters.
The management of beneficiary lists was still a major challenge in many municipalities: only one municipality gave the delegation confidence in its management of the beneficiary list.
Stakeholders were not taking full advantage of the support that could be provided by the NHBRC and the HDA. It was suggested that not all stakeholders were well informed of the role of these two important stakeholders in terms of ensuring the achievement of sustainable human settlements.
The Cornubia development was still not clear and the participation of other stakeholders' roles was not clearly defined, but the challenges still remained. Stakeholder forums had been established and met monthly, but did not resolve issues on the ground.
Municipalities were struggling to cope with the impact of disasters. The province should give support to such municipalities.
Some municipalities and province did not show an interest in accessing opportunities offered by DBSA on capacity building support.
Public participation remained a challenge in many municipalities.
Families were relocated from one site to another and people were left for many years before their housing needs were attended to. Transit camps were made of corrugated iron sheets and the time frame of 18 months was not adhered to.
The provincial department did not work closely with the Office of the Registrar of Deeds, despite the fact that such co-operation would significantly reduce the time frames for the transfer of title deeds to beneficiaries.
The farm worker assistance programme was still very weak.
Hostel upgrading and the payment rate of monthly rentals remained a challenge.
Land challenges hindered progress in the delivery of houses.
The lack of skilled and adequate personnel, particularly technical employees, was a concern.
Some of the municipalities were not accredited, but continued to appoint contractors to build houses.
It was alleged that some engineers signed fraudulent geotechnical assessment reports.
Projects did not have time frames for delivery to which contractors should adhere.
Municipalities did not clearly indicate in their reports how much was allocated to a particular project and how much was spent on that project.
Water, sanitation and issues of settlements were inseparable; therefore cooperation between the departments is very crucial.
The use of consultants delayed progress. For instance, the municipality would report that there was a scarcity of water. However, during site visits the delegation found that water was available. All that was required were finding ways to pump the water.
Rectification projects faced considerable delays.
Allegations of corruption and maladministration continued to plague the delivery process.
The Special Investigating Unit should urgently be commissioned to investigate the Imbali phase 1 hostels and phase 13 double-storey houses (wire wall). The department should report back to the Committee by June 2011 and submit a comprehensive report explaining exactly why contractors were not paid, which resulted in them leaving the site unattended. Progress report on Imbali Phases should reach the Committee by August.
The HDA should focus on addressing the land situation in KwaZulu-Natal and report to the Committee by June 2011.
The Department of Human Settlements should visit all areas visited by the Committee in KwaZulu-Natal where the delegation undertook oversight and provide a progress report to Parliament in August 2011.
Engineers who signed fraudulent geotechnical reports should be investigated and prosecuted.
In all state-subsidised housing, the materials used should comply with the standards of the South African Bureau for Standards (SABS) in an attempt to stop contractors from using low-quality building materials.
The provincial department should address the issue of sanitation in Impumelelo settlements within the next two months.
The province should be requested to release the state-owned land in Tin-town for housing development.
The department should be assertive in addressing poor workmanship and regularly report to Parliament on how it dealt with transgressors.
The issue of disaster management must also be prioritised by the province.
The People's Housing Process must be promoted by the province and housing co-operatives should be afforded priority.
The period of 18 months of hosting people in transit camps must be adhered to by both the municipality and the province.
The UThukela Water Board must address the issue of water shortages. The municipality and the eThekwini municipality should interact with uThukela to address the water challenges.
Municipalities should undertake initiatives to make provision for adequate temporary relocation units.
The Portfolio Committee on Human Settlements should convene smaller groups to conduct follow-up visits on a quarterly basis.
The Department of Rural Development and Land Reform should address the issue of farm evictions and the destruction of graves in Kokstad.
Report has been considered and adopted by the Committee. Therefore, the Committee recommends that the report should be considered by the House.
<fn>GOV-ZA.3555411En.2012-02-10.en.txt</fn>
includes a person contemplated in section 9 of the Extradition Act, 1962, (Act No.
by the insertion after the deï¬nition of ''solitary conï¬nement'' of the following deï¬nition: '' 'specialist medical practitioner' means a person registered in respect of any profession under the Health Professions Act, 1974, (Act No. 56 of 1974), to whom the deï¬nition 'speciality' applies under that Act;''.
perform all work necessary for its effective management; and manage remand detainees.''.
Amendment of section 10 of Act 111 of 1998 5.
''(3) The date of expiry of any sentence of incarceration being served by a sentenced offender who escapes from lawful custody or is extradited in terms of the Extradition Act, 1962 (Act No. 67 of 1962), and returns to the Republic or who absconds from the system of community corrections or who is unlawfully discharged is postponed by the period by which such sentence was interrupted.''.
No remand detainee is to appear in any court proceedings dressed in a prescribed uniform referred to in subsection (1).
If a remand detainee does not have adequate or proper clothing to appear in court, he or she must be provided at State expense with appropriate clothing to enable him or her to appear in court.
Information and records, as prescribed by regulation, must be kept at the relevant detention facility for the periods as provided for in the National Archives and Record Service of South Africa Act, 1996 (Act No. 43 of 1996).
49A. (1) Every remand detainee who on admission claims to be pregnant, medical examination in order to conï¬rm such pregnancy.
The Department must provide, within its available resources, additional health care services, based on the principles of primary health care, in order to allow the remand detainee to lead a healthy life.
The National Commissioner may authorise the surrender of a remand detainee to the South African Police Service as contemplated in subsection for a period not exceeding seven days.
A person sentenced to [imprisonment] incarceration under section 276(1)(i) of the Criminal Procedure Act, must serve at least one sixth of his or her sentence before being considered for placement under correctional supervision, unless the court has directed otherwise[, but if more than one sentence has been imposed under section 276(1)(i) of the said Act, the person may not be placed under correctional supervision for a period exceeding ï¬ve years].
the court has directed otherwise A person sentenced to incarceration for a period exceeding ï¬ve years as an alternative to a ï¬ne under section 287(4)(b) of the Criminal Procedure Act, may be recommended to a court for placement under correctional supervision, except if the court has directed otherwise, in circumstances where such an offender has completed at least one quarter of the sentence and the remainder of the sentence until sentence expiry does not exceed ï¬ve years.
infringements and the amenities allowed to remand detainees; (kkW) the treatment of mentally ill or aged remand detainees; (kkX) the conditions and procedures to be followed where an application is lodged in terms of section 49E; (kkY) the conditions and procedures to be followed where a remand detainee is surrendered to the South African Police Service for investigation purposes; (kkZ) the conditions and procedures to be followed where a referral is made in terms of section 49G; and (kkZA) the composition of the medical parole advisory board;''.
Safekeeping of information and records 49A. Pregnant women 49B. Disabled remand detainees 49C. Aged remand detainees 49D. Mentally ill remand detainees 49E.
<fn>GOV-ZA.3555421En.2012-02-10.en.txt</fn>
To give effect to the International Convention for Safe Containers, and to provide for matters connected therewith.
In this Act, unless the context indicates otherwise- ''Authority'' means the South African Maritime Safety Authority established by section 2(1) of the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998); ''container'' means a container as deï¬ned in the Convention and to which the Convention applies; ''Contracting State'' means a state speciï¬ed in a notice under section 4; ''inspector'' means a person appointed as an inspector under section 6; ''Minister'' means the Minister of Transport; ''organ of state'' has the same meaning assigned to it in section 239 of the Constitution of the Republic of South Africa, 1996; ''the Convention'' means the International Convention for Safe Containers set out in the Schedule; ''the Republic'' includes the Prince Edward Islands referred to in section 3; ''this Act'' includes the regulations.
In this Act, unless the context indicates otherwise, any word or expression to which a meaning has been assigned by the Convention, has the same meaning as in the Convention.
This Act extends to the Prince Edward Islands as deï¬ned in section 1 of the Prince Edward Islands Act, 1948 (Act No. 43 of 1948).
In its application to those islands, transport between the Republic and the Prince Edward Islands is not international transport.
The Minister may, by notice in the Gazette, declare a state, other than the Republic, speciï¬ed in the notice as a State Party to the Convention.
43 of 1948.
A notice under subsection (1) is evidence that a state speciï¬ed in such notice is a State Party to the Convention.
Subject to this Act, Articles II to VI of the Convention have the force of law in the Republic.
The Authority may appoint as an inspector any person who is qualiï¬ed to be so appointed, to perform any of the functions assigned to an inspector in terms of this Act.
The Authority must issue to each inspector a certiï¬cate in the prescribed form, stating that he or she has been appointed as an inspector.
When boarding any vehicle or entering any premises contemplated in section 7(1), an inspector must, on request, show the certiï¬cate to the person in charge of the vehicle or premises.
a provision of this Act has been contravened; and examine any record or document and make copies or extracts of such a record or document, found in such a vehicle, ship, train, truck, aircraft or premises.
The owner or person in charge of any vehicle boarded or premises entered by an inspector and every person in such vehicle or on such premises, must give the inspector all reasonable assistance to enable the inspector to perform his or her functions under this Act and must provide the inspector with any information that the inspector may reasonably require with respect to the administration of this Act.
An entry and inspection of premises without a warrant must be carried out only during normal hours of business and with the consent of the owner or person in control of the premises.
No person may remove or interfere in any way with a container detained by an inspector in terms of this Act, unless authorised by an inspector.
The person authorised by the Authority under subsection (1) has all the powers conferred upon a court of marine enquiry by section 9(1) and (4) of the Merchant Shipping Act, 1951 (Act No. 57 of 1951), and subsections (2) and (3) of that section apply accordingly.
The person authorised to conduct an inquiry must, as soon as possible after conclusion of that inquiry, submit a report with recommendations to the Authority, together with all the evidence and other material that was before the inquiry.
The Authority must publish the report within 60 days of receipt, unless the report contains a recommendation that a publication be withheld in the public interest, in which case the Authority may withhold publication of the report in whole or in part as it deems ï¬t.
The Authority may supply copies of a published report in the manner and on the terms that it deems proper.
prescribing matters required or permitted by this Act to be prescribed; and generally with regard to any other incidental administrative or procedural matter necessary to prescribe for the proper implementation of this Act.
The Minister may incorporate all or part of any health and safety standard, without re-stating the text thereof, in a regulation by referring to the number, title and year of issue of that health and safety standard or to any other particular by which that health and safety standard is sufficiently identiï¬ed.
Whenever a health and safety standard referred to in paragraph (a) is subsequently amended or substituted, the amended health and safety standard is, in the absence of a contrary intention, deemed to have been incorporated in terms of the regulation contemplated in paragraph (a).
A copy of a full text of a health and safety standard incorporated in terms of paragraph (a) and any amendment or substitution thereof, must be kept at a place in the Republic that the Authority directs and must be available for public inspection.
Section 28 of the Standards Act, 2008 (Act No. 8 of 2008), does not apply to any incorporation of a health and safety standard or to any amendment or substitution of a health and safety standard under this section.
A person who contravenes this Act commits an offence and is liable upon conviction to a ï¬ne or to imprisonment for a period not exceeding two years.
the offence was committed in the territorial jurisdiction of that court; or the accused is found or carries on business in the territorial jurisdiction of that court.
agrees to abide by the decision of the Authority; and deposits with the Authority such amount of money as may be determined by the Authority, which amount must not exceed the maximum ï¬ne that may be imposed under subsection (1), the Authority may, after any inquiry that it deems ï¬t, determine the matter summarily and may, without legal proceedings, order the whole or any part of the deposit to be forfeited by way of a penalty.
A person may appeal to the Minister against a determination or order of the Authority.
An appeal must be lodged within 90 days from the date of the determination or order.
The imposition of a penalty under subsection (3) must not be regarded as a conviction for an offence, and no prosecution in respect of the offence in question may thereafter be instituted.
All ï¬nes and other money penalties imposed under this Act must be paid to the Authority for the beneï¬t of the Maritime Fund established by section 38 of the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998).
This Act continues in force until a date ï¬xed by the President by proclamation in the Gazette following denunciation of the Convention by the Republic or the termination thereof in accordance with Article XII of the Convention.
Repeal of Act 11 of 1985 13. The International Convention for Safe Containers Act, 1985 (Act No. 11 of 1985), is repealed.
This Act is called the Merchant Shipping (Safe Containers Convention) Act, 2011, and comes into operation on a date ï¬xed by the President by proclamation in the Gazette.
at least 7 m2 (75 sq ft) if it is ï¬tted with top corner ï¬ttings. The term ''container'' includes neither vehicles nor packaging; however, containers when carried on chassis are included.
''Corner ï¬ttings'' means an arrangement of apertures and faces at the top and/or bottom of a container for the purposes of handling, stacking and/or securing.
''Administration'' means the Government of a Contracting Party under whose authority containers are approved.
''Approved'' means approved by the Administration.
''Approval'' means the decision by an Administration that a design type or a container is safe within the terms of the present Convention.
''International transport'' means transport between points of departure and destination situated in the territory of two countries to at least one of which the present Convention applies. The present Convention shall also apply when part of a transport operation between two countries takes place in the territory of a country to which the present Convention applies.
''Cargo'' means any goods, wares, merchandise and articles of every kind whatsoever carried in the containers.
''New container'' means a container the construction of which was commenced on or after the date of entry into force of the present Convention.
''Existing container'' means a container which is not a new container.
''Owner'' means the owner as provided for under the national law of the Contracting Party or the lessee or bailee, if an agreement between the parties provides for the exercise of the owner's responsibility for maintenance and examination of the container by such lessee or bailee.
''Type of container'' means the design type approved by the Administration.
''Type-series container'' means any container manufactured in accordance with the approved design type.
''Prototype'' means a container representative of those manufactured or to be manufactured in a design type series.
''Maximum operating gross weight'' or ''rating'' or ''R'' means the maximum allowable combined weight of the container and its cargo.
''Tare weight'' means the weight of the empty container including permanently affixed ancillary equipment.
''Maximum permissible payload'' or ''P'' means the difference between maximum operating gross weight or rating and tare weight.
Every existing container shall be approved in accordance with the relevant provisions for approval of existing containers set out in Annex I within ï¬ve years from the date of entry into force of the present Convention.
For the enforcement of the provisions of Annex I every Administration shall establish an effective procedure for the testing, inspection and approval of containers in accordance with the criteria established in the present Convention, provided, however, that an Administration may entrust such testing, inspection and approval to organisations duly authorised by it.
An Administration which entrusts such testing, inspections and approval to an organisation shall inform the Secretary-General of the Inter-Governmental Maritime Consultative Organisation (hereinafter referred to as ''the Organisation'') for communication to Contracting Parties.
A Contracting Party shall not impose any other structural safety requirements or tests on containers covered by the present Convention, provided, however, that nothing in the present Convention shall preclude the application of provisions of national regulations or legislation or of international agreements, prescribing additional structural safety requirements or tests for containers specially designed for the transport of dangerous goods, or for those features unique to containers carrying bulk liquids or for containers when carried by air. The term ''dangerous goods'' shall have that meaning assigned to it by international agreements.
Every container which has been approved under Article III shall be subject to control in the territory of the Contracting Parties by officers duly authorised by such Contracting Parties. This control shall be limited to verifying that the container carries a valid Safety Approval Plate as required by the present Convention, unless there is signiï¬cant evidence for believing that the condition of the container is such as to create an obvious risk to safety. In that case the officer carrying out the control shall only exercise it in so far as it may be necessary to ensure that the container is restored to a safe condition before it continues in service.
The present Convention shall be open for signature until 15 January 1973 at the Office of the United Nations at Geneva and subsequently from 1 February 1973 until 31 December 1973 inclusive at the Headquarters of the Organisation at London by all States Members of the United Nations or Members of any of the specialised agencies or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the present Convention.
The present Convention is subject to ratiï¬cation, acceptance or approval by States which have signed it.
Instruments of ratiï¬cation, acceptance, approval or accession shall be deposited with the Secretary-General of the Organisation (hereinafter referred to as ''the Secretary-General'').
The present Convention shall enter into force twelve months from the date of the deposit of the tenth instrument of ratiï¬cation, acceptance, approval or accession.
For each State ratifying, accepting, approving or acceding to the present Convention after the deposit of the tenth instrument of ratiï¬cation, acceptance, approval or accession, the present Convention shall enter into force twelve months after the date of the deposit by such State of its instrument of ratiï¬cation, acceptance, approval or accession.
Any State which becomes a Party to the present Convention after the entry into force of an amendment shall, failing an expression of a different intention by that State, be considered as a Party to the Convention as amended; and be considered as a Party to the unamended Convention in relation to any Party to the Convention not bound by the amendment.
The present Convection may be amended upon the proposal of a Contracting Party by any of the procedures speciï¬ed in this Article.
Upon the request of a Contracting Party, any amendment proposed by it to the present Convention shall be considered in the Organisation. If adopted by a majority of two thirds of those present and voting in the Maritime Safety Committee of the Organisation, to which all Contracting Parties shall have been invited to participate and vote, such amendment shall be communicated to all Members of the Organisation and all Contracting Parties at least six months prior to its consideration by the Assembly of the Organisation. Any Contracting Party which is not a Member of the Organisation shall be entitled to participate and vote when the amendment is considered by the Assembly.
If adopted by a two-thirds majority of those present and voting in the Assembly, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, the amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.
Amendment by a conference: Upon the request of a Contracting Party, concurred in by at least one third of the Contracting Parties, a conference to which the States referred to in Article VII shall be invited will be convened by the Secretary-General.
Any amendment to the Annexes proposed by a Contracting Party shall be considered in the Organisation at the request of that Party.
If adopted by a two-thirds majority of those present and voting in the Maritime Safety Committee of the Organisation to which all Contracting Parties shall have been invited to participate and to vote, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, such amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.
Such an amendment shall enter into force on a date to be determined by the Maritime Safety Committee at the time of its adoption unless, by a prior date determined by the Maritime Safety Committee at the same time, one ï¬fth or ï¬ve of the Contracting Parties, whichever number is less, notify the Secretary-General of their objection to the amendment.
Determination by the Maritime Safety Committee of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting, which majority shall include a two-thirds majority of the Contracting Parties present and voting.
The Secretary-General shall inform all Contracting Parties and Members of the Organisation of any request and communication under this Article and the date on which any amendment enters into force.
Where a proposed amendment to the Annexes has been considered but not adopted by the Maritime Safety Committee, any Contracting Party may request the convening of a conference to which the States referred to in Article VII shall be invited. Upon receipt of notiï¬cation of concurrence by at least one third of the other Contracting Parties, such a conference shall be convened by the Secretary-General to consider amendments to the Annexes.
The present Convention shall cease to be in force if the number of Contracting Parties is less than ï¬ve for any period of twelve consecutive months.
Any dispute between two or more Contracting Parties concerning the interpretation or application of the present Convention which cannot be settled by negotiation or other means of settlement shall, at the request of one of them, be referred to an arbitration tribunal composed as follows: each party to the dispute shall appoint an arbitrator and these two arbitrators shall appoint a third arbitrator, who shall be Chairman. If, three months after receipt of a request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failed to elect the Chairman, any of the parties may request the Secretary-General to appoint an arbitrator or the Chairman of the arbitration tribunal.
Reservations to the present Convention shall be permitted, excepting those relating to the provisions of Articles I to VI, XIII, the present Article and the Annexes, on condition that such reservations are communicated in writing and, if communicated before the deposit of the instrument of ratiï¬cation, acceptance, approval or accession, are conï¬rmed in that instrument. The Secretary-General shall communicate such reservations to all States referred to in Article VII.
modiï¬es for the Contracting Party which made the reservation the provisions of the present Convention to which the reservation relates to the extent of the reservation; and modiï¬es those provisions to the same extent for the other Contracting Parties in their relations with the Contracting Party which entered the reservation.
Any Contracting Party which has formulated a reservation under paragraph 1 may withdraw it at any time by notiï¬cation to the Secretary-General.
The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General, who shall communicate certiï¬ed true copies to all States referred to in Article VII.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorised thereto by their respective Governments, have signed the present Convention.
(a) A Safety Approval Plate conforming to the speciï¬cations set out in the Appendix to this Annex shall be permanently affixed to every approved container at a readily visible place, adjacent to any other approval plate issued for official purposes, where it would not be easily damaged.
On each container, all maximum gross weight markings shall be consistent with the maximum gross weight information on the Safety Approval Plate.
the approval has been withdrawn by the Administration.
Country of approval and approval reference Date (month and year) of manufacture Manufacturer's identiï¬cation number of the container or, in the case of existing containers for which that number is unknown, the number allotted by the Administration Maximum operating gross weight (kg and lb) Allowable stacking weight for 1,8 g (kg and lb) Transverse racking test load value (kg and lb).
A blank space should be reserved on the plate for insertion of end-wall and/or side-wall strength values (factors) in accordance with paragraph 3 of this Regulation and Annex II, tests 6 and 7. A blank space should also be reserved on the plate for the ï¬rst and subsequent maintenance examination dates (month and year) when used.
Where the Administration considers that a new container satisï¬es the requirements of the present Convention in respect of safety and if, for such container, the end-wall and/or side-wall strength values (factors) are designed to be greater or less than those stipulated in Annex II, such values shall be indicated on the Safety Approval Plate.
The date (month and year) before which a new container shall undergo its ï¬rst examination shall be marked on the Safety Approval Plate.
Plate and in a manner acceptable to that Contracting Party which prescribed or approved the particular examination procedure involved.
The interval from the date of manufacture to the date of the ï¬rst examination shall 5 not exceed ï¬ve years. Subsequent examination of new containers and re-examination of existing containers shall be at intervals of not more than 30 months. All examinations shall determine whether the container has any defects which could place any person in danger.
(a) As an alternative to paragraph 2, the Contracting Party concerned may approve 10 a continuous examination programme if satisï¬ed, on evidence submitted by the owner, that such a programme provides a standard of safety not inferior to the one set out in paragraph 2 above.
To indicate that the container is operated under an approved continuous examination programme, a mark showing the letters ''ACEP'' and the identiï¬cation of 15 the Contracting Party which has granted approval of the programme shall be displayed on the container on or as close as practicable to the Safety Approval Plate.
All examinations performed under such a programme shall determine whether a container has any defects which could place any person in danger. They shall be performed in connection with a major repair, refurbishment, or on-hire/off hire 20 interchange and in no case less than once every 30 months.
Contracting Party of the territory in which the owner is domiciled or has his head office.
Party which is prepared to act as the Contracting Party concerned. The owner shall comply with the conditions for the use of such procedures set by the Administration in question.
To qualify for approval for safety purposes under the present Convention all new containers shall comply with the requirements set out in Annex II.
In the case of containers for which an application for approval has been submitted, the Administration will examine designs and witness testing of a prototype container to ensure that the containers will conform with the requirements set out in Annex II. When satisï¬ed, the Administration shall notify the applicant in writing that the container meets 40 the requirements of the present Convention and this notiï¬cation shall entitle the manufacturer to affix the Safety Approval Plate to every container of the design type series.
Where the containers are to be manufactured by design type series, application 45 made to an Administration for approval by design type shall be accompanied by drawings, a design speciï¬cation of the type of container to be approved and such other data as may be required by the Administration.
The applicant shall state the identiï¬cation symbols which will be assigned by the manufacturer to the type of container to which the application for approval relates.
keep a record of containers manufactured to the approved design type. This record shall at least contain the manufacturer's identiï¬cation numbers, dates of delivery and names and addresses of customers to whom the containers are delivered.
Approval may be granted by the Administration to containers manufactured as 15 modiï¬cations of an approved design type if the Administration is satisï¬ed that the modiï¬cations do not affect the validity of tests conducted in the course of design type approval.
Approval Plates on the basis of design type approval unless satisï¬ed that the 20 manufacturer has instituted internal production-control features to ensure that the containers produced will conform to the approved prototype.
In order to ensure that containers of the same design type series are manufactured to the approved design, the Administration shall examine or test as many units as it 25 considers necessary, at any stage during production of the design type series concerned.
Approval of individual containers may be granted where the Administration, after 35 examination and witnessing of tests, is satisï¬ed that the container meets the requirements of the present Convention; the Administration, when so satisï¬ed, shall notify the applicant in writing of approval and this notiï¬cation shall entitle him to affix the Safety Approval Plate to such container.
allowable stacking weight for 1,8 g (kg and lb); and such other data as required for the Safety Approval Plate, then the Administration, after investigation, shall notify the owner in writing whether approval is granted; and if so, this notiï¬cation shall entitle the owner to affix the Safety Approval Plate after an examination of the container concerned has been carried out in accordance with Regulation 2. The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1 January 1985.
Existing containers which do not qualify for approval under paragraph 1 of this Regulation may be presented for approval under the provisions of Chapter II or Chapter III of this Annex. For such containers the requirements of Annex II relating to end-wall and/or side-wall strength tests shall not apply. The Administration may, if it is satisï¬ed that the containers in question have been in service, waive such of the requirements in respect of presentation of drawings and testing, other than the lifting and ï¬oor-strength tests, as it may deem appropriate.
such other data as required for the Safety Approval Plate, the Administration, after investigation, may approve the container, notwithstanding the provisions of Chapter II.
Approval Plate after an examination of the container concerned has been carried out in accordance with Regulation 2. The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1 January 1985.
The owner of an approved container that has been modiï¬ed in a manner resulting in structural changes shall notify the Administration or an approved organization duly authorized by it of those changes. The Administration or authorized organization may require retesting of the modiï¬ed container as appropriate prior to recertiï¬cation.
The Safety Approval Plate, conforming to the model reproduced below, shall take the form of a permanent, non-corrosive, ï¬reproof rectangular plate measuring not less than 200 mm x 100 mm. The words ''CSC SAFETY APPROVAL'', of a minimum letter height of 8 mm, and all other words and numbers of a minimum height of 5 mm shall be stamped into, embossed on or indicated on the surface of the plate in any other permanent and legible way.
3 IDENTIFICATION No.
WEIGHT kg . ..
6 FOR 1,8 g kg........
Country of approval and approval reference as given in the example on line 1. (The country of approval should be indicated by means of the distinguishing sign used to indicate country of registration of motor vehicles in international road traffic.) 2. Date (month and year) of manufacture. 3. Manufacturer's identiï¬cation number of the container or, in the case of existing containers for which that number is unknown, the number allotted by the Administration. 4. Maximum operating gross weight (kg and lb). 5. Allowable stacking weight for 1,8 g (kg and lb). 6. Transverse racking test load value (kg and lb). 7. End-wall strength to be indicated on plate only if end-walls are designed to withstand a load of less or greater than 0,4 times the maximum permissible payload, i.e. 0,4 P.
Side-wall strength to be indicated on plate only if the side-walls are designed to withstand a load of less or greater than 0,6 times the maximum permissible payload, i.e. 0,6 P.
In setting the requirements of this Annex, it is implicit that in all phases of the operation of containers the forces as a result of motion, location, stacking and weight of the loaded container and external forces will not exceed the design strength of the container. In particular, the following assumptions have been made: (a) the container will so be restrained that it is not subjected to forces in excess of those for which it has been designed; (b) the container will have its cargo stowed in accordance with the recommended practices of the trade so that the cargo does not impose upon the container forces in excess of those for which it has been designed.
A container made from any suitable material which satisfactorily performs the following tests without sustaining any permanent deformation or abnormality which would render it incapable of being used for its designed purpose shall be considered safe. 2. The dimensions, positioning and associated tolerances of corner ï¬ttings shall be checked having regard to the lifting and securing systems in which they will function.
Where appropriate to the design of the container, the following test loads and test procedures shall be applied to all kinds of containers under test: 20 1.
The container, having the prescribed internal loading, shall be lifted in such a way that no signiï¬cant acceleration forces are applied. After lifting, the container shall be suspended or supported for ï¬ve minutes and then lowered to the ground.
Internal loading: A uniformly distributed load such that the combined weight of container and test load is equal to 2 R. In the case of a tank-container, when the test weight of the internal load plus the tare weight is less than 2 R, a supplementary load distributed over the length of the tank is to be applied to the container. (i) Lifting from top corner ï¬ttings: Containers greater than 3 000 mm (10 ft) (nominal) in length shall have lifting forces applied vertically at all four top corner ï¬ttings. Containers of 3 000 mm (10 ft) (nominal) in length or less shall have lifting forces applied at all four top corner ï¬ttings, in such a way that the angle between each lifting device and the vertical shall be 30°.
Externally applied forces: Such as to lift the combined weight of 2 R in the manner prescribed (under the heading TEST PROCEDURES). (ii) Lifting from bottom corner ï¬ttings: Containers shall have lifting forces applied in such a manner that the lifting devices bear on the bottom corner ï¬ttings only. The lifting forces shall be applied at angles to the horizontal of: 30° for containers of length 12 000 mm (40 ft) (nominal) or greater, 37° for containers of length 9 000 mm (30 ft) (nominal) and up to but not including 12 000 mm (40 ft) (nominal), 45° for containers of length 6 000 mm (20 ft) (nominal) and up to but not including 9 000 mm (30 ft) (nominal), 60° for containers of less than 6 000 mm (20 ft) (nominal).
A uniformly distributed load such that The container shall be placed on bars the combined weight of container and which are in the same horizontal plane, test load is equal to 1,25 R. In the case of one bar centred within each fork-lift a tank-container, when the test weight of pocket which is used for lifting the loaded the internal load plus the tare weight is container. The bars shall be of the same less than 1,25 R, a supplementary load width as the forks intended to be used in distributed over the length of the tank is the handling, and shall project into the to be applied to the container. fork pocket 75% of the length of the fork pocket.
Externally applied forces: Such as to lift the combined weight of 1,25 R in the manner prescribed (under the heading TEST PROCEDURES). (ii) Lifting from grappler arm positions: The container shall be placed on pads in the same horizontal plane, one under each grappler arm position. These pads shall be of the same sizes as the lifting area of the grappler arms intended to be used.
Other methods: Where containers are designed to be lifted in the loaded condition by any method not mentioned in (A) or (B)(i) and (ii) they shall also be tested with the internal loading and externally applied forces representative of the acceleration conditions appropriate to that method.
2.1 For conditions of international transport where the maximum vertical acceleration forces vary signiï¬cantly from 1,8 g and when the container is reliably and effectively limited to such conditions of transport, the stacking load may be varied by the appropriate ratio of acceleration forces.
2.2 On successful completion of this test the container may be rated for the allowable superimposed static stacking weight, which should be indicated on the Safety Approval Plate against the heading ALLOWABLE STACKING WEIGHT FOR 1,8 g (kg and lb).
A uniformly distributed load such that the combined weight of container and test load is equal to 1,8 R. Tank-containers may be tested in the tare condition. The container, having the prescribed internal loading, shall be placed on four level pads which are in turn supported on a rigid horizontal surface, one under each bottom corner ï¬tting or equivalent corner structure. The pads shall be centralized under the ï¬ttings and shall be of approximately the same plan dimensions as the ï¬ttings.
Such as to subject each of the four top corner ï¬ttings to a vertical downward force equal to 0,25 Ã 1,8 Ã the allowable superimposed static stacking weight. Each externally applied force shall be applied to each of the corner ï¬ttings through a corresponding test corner ï¬tting or through a pad of the same plan dimensions. The test corner ï¬tting or pad shall be offset with respect to the top corner ï¬tting of the container by 25 mm (1 in) laterally and 38 mm (11â2 in) longitudinally.
Internal loading: None.
Externally applied forces: A concentrated load of 300 kg (660 lb) uniformly distributed over an area of 600 mm x 300 mm (24 in x 12 in). The externally applied forces shall be applied vertically downwards to the outer surface of the weakest area of the roof of the container.
Two concentrated loads, each of 2 730 kg (6 000 lb) and each applied to the container ï¬oor through a contact area of 142 cm2 (22 sq in). The test should be made with the container resting on four level supports under its four bottom corners in such a manner that the base structure of the container is free to deï¬ect. A testing device loaded to a weight of 5 460 kg (12 000 lb), that is 2 730 kg (6 000 lb) on each of two surfaces, having, when loaded, a total contact area of 284 cm2 (44 sq in), that is 142 cm2 (22 sq in) on each surface, the surface width being 180 mm (7 in) spaced 760 mm (30 in) apart, centre to centre, should be manoeuvred over the entire ï¬oor area of the container.
None. The container in tare condition shall be placed on four level supports, one under each bottom corner, and shall be restrained against lateral and vertical movement by means of anchor devices so arranged that the lateral restraint is provided only at the bottom corners diagonally opposite to those at which the forces are applied.
Such as to rack the end structures of the container sideways. The forces shall be equal to those for which the container was designed. The externally applied forces shall be applied either separately or simultaneously to each of the top corner ï¬ttings on one side of the container in lines parallel both to the base and to the planes of the ends of the container. The forces shall be applied ï¬rst towards and then away from the top corner ï¬ttings. In the case of containers in which each end is symmetrical about its own vertical centerline, one side only need be tested, but both sides of containers with asymmetric ends shall be tested.
A uniformly distributed load, such that The container, having the prescribed the combined weight of a container and internal loading, shall be restrained test load is equal to the maximum longitudinally by securing the two operating gross weight or rating, R. In bottom corner ï¬ttings or equivalent the case of a tank-container, when the corner structures at one end to suitable weight of the internal load plus the tare anchor points.
is less than the maximum gross weight or rating, R, a supplementary load is to be applied to the container.
Externally applied forces: Such as to subject each side of the container to longitudinal compressive and tensile forces of magnitude R, that is, a combined force of 2 R on the base of the container as a whole. The externally applied forces shall be applied ï¬rst towards and then away from the anchor points. Each side of the container shall be tested.
The end-walls should be capable of withstanding a load of not less than 0,4 times the maximum permissible payload. If, however, the end-walls are designed to withstand a load of less or greater than 0,4 times the maximum permissible payload, such a strength factor shall be indicated on the Safety Approval Plate in accordance with Annex I, Regulation 1.
Such as to subject the inside of an endwall to a uniformly distributed load of 0,4 P or such other load for which the container may be designed. The prescribed internal loading shall be applied as follows: Both ends of a container shall be tested except that where the ends are identical only one end need be tested. The endwalls of containers which do not have open sides or side doors may be tested separately or simultaneously. The end-walls of containers which do have open sides or side doors should be tested separately. When the ends are tested separately the reactions to the forces applied to the end-wall shall be conï¬ned to the base structure of the container.
Such as to subject the inside of a sidewall to a uniformly distributed load of 0,6 P or such other load for which the container may be designed. The prescribed internal loading shall be applied as follows: Both sides of a container shall be tested except that where the sides are identical only one side need be tested. Side-walls shall be tested separately and the reactions to the internal loading shall be conï¬ned to the corner ï¬ttings or equivalent corner structures. Open-topped containers shall be tested in the condition in which they are designed to be operated, for example, with removable top members in position.
<fn>GOV-ZA.3555591En.2012-02-10.en.txt</fn>
To appropriate money from the National Revenue Fund for the requirements of the State for the 2011/12 ï¬nancial year; and to provide for subordinate matters incidental thereto.
AND WHEREAS section 26 of the Public Finance Management Act, 1999 (Act No.
''conditional grants'' means conditional allocations to provinces, local government or municipalities from the national government's share of revenue raised nationally, which are provided for and whose purpose is speciï¬ed in the annual Division of Revenue Act referred to in section 214(1)(c) of the Constitution of the Republic of South Africa, 1996; ''current payments'' means any payment made by a department classiï¬ed as or deemed to be a current payment in terms of the Guidelines for Implementing the Economic Reporting Format (September 2009), issued by the National Treasury under section 76 of the Public Finance Management Act; ''payments for capital assets'' means any payment made by a department classiï¬ed as or deemed to be a payment for capital assets in terms of the Guidelines for Implementing the Economic Reporting Format (September 2009) and the Asset Management Framework (April 2004, Version 3.3), issued by the National Treasury under section 76 of the Public Finance Management Act; ''payments for ï¬nancial assets'' means any payment made by a department classiï¬ed as or deemed to be a payment for ï¬nancial assets in terms of the Guidelines for Implementing the Economic Reporting Format (September 2009), issued by the National Treasury under section 76 of the Public Finance Management Act; ''Public Finance Management Act'' means the Public Finance Management Act, 1999 (Act No. 1 of 1999); ''transfers and subsidies'' means any payment made by a department classiï¬ed as or deemed to be a transfer or subsidy payment in terms of the Guidelines for Implementing the Economic Reporting Format (September 2009), issued by the National Treasury under section 76 of the Public Finance Management Act.
Appropriations by Parliament of money from the National Revenue Fund for the requirements of the State in the 2011/12 ï¬nancial year to votes and main divisions within a vote and for the speciï¬c listed purposes, are set out in Schedule 2.
The spending of appropriations contemplated in subsection (1) is subject to the provisions of this Act and the Public Finance Management Act.
are subject to regulations made or instructions issued by the National Treasury in terms of section 76 of the Public Finance Management Act.
An appropriation to a vote or main division within a vote that is listed as speciï¬cally and exclusively appropriated in Schedule 2 may only be utilised for the purpose indicated, unless an Act of Parliament amends or changes the purpose for which it was allocated.
stop any allocation in terms of such appropriation until any condition imposed by the Minister is met.
An amount stopped in terms of subsection (1)(b) must be included in the National Treasury's next report in terms of section 32(1) of the Public Finance Management Act, and must be reported to both the Standing and Select Committees on Appropriations.
an amount appropriated for payments for capital assets, if the saving is to be utilised in the same vote for other categories of expenditure, other than for the compensation of employees.
The approval of the utilisation of savings in terms of subsection (1) must be reported in the next quarterly expenditure report to both the Standing and Select Committees on Appropriations.
was approved in the previous year's appropriation and is to be rolled over to the 2011/12 ï¬nancial year to ï¬nalise expenditure which could not take place in the 2010/11 ï¬nancial year as originally planned.
subsection (1)(b) may not exceed the relevant amount announced by the Minister during the tabling of the annual budget.
must be appropriated in the Adjustments Appropriation Bill or other appropriation legislation for the 2011/12 ï¬nancial year.
The votes listed in column 1 of Schedule 1 contain the allocations for the departments listed in column 2.
The accounting officers of the departments listed in column 2 of Schedule 1 whose allocations are included within the same budget vote listed in column 1, must enter into an agreement to the satisfaction of the National Treasury with regard to the accountability for expenditure, approval of expenditure and the allocation of responsibilities in terms of the Public Finance Management Act.
An agreement from the previous ï¬nancial year that complies with subsection (2) shall continue in force, and the accounting officers of the departments must continue to abide by that agreement, and need not enter into a new agreement.
Should an agreement referred to in subsection (2) not be entered into by 31 July 2011, the accounting officer of the department listed ï¬rst in column 2 of Schedule 1 in relation to that particular budget vote, must be the accounting officer in respect of all expenditure in relation to that budget vote.
any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.
This Act is called the Appropriation Act, 2011.
R'000 R'000 R'000 R'000 R'000 R'000 R'000 1 Aim: The Presidency Facilitate a common programme towards the achievement of the electoral mandate and the enhanced integrity of the State through considered planning, coordination, oversight, mobilisation and support.
Of which Departmental agencies and accounts - National Youth Development Agency: Programmes promoting youth development 1 Administration Provide effective leadership, strategic management and administrative support services to the principals and branches of the Presidency in fulfilment of the Presidency's mission and mandate. 2 National Planning Develop the country's longterm vision and national strategic plan and contribute towards better outcomes in government through better planning, better long term plans, more policy coherence and the clear articulation of long term goals and aspirations. 3 National Youth Development Facilitate the transfer of funds to the National Youth Development Agency in order that the agency may initiate, implement, facilitate and monitor youth development interventions aimed at reducing youth unemployment and promoting social cohesion. 345 308 83 822 385 853 199 707 129 163 32 916 50 906 1 970 385 853 385 853 14 468 2 Aim: Provide the support services required by Parliament to fulfil its constitutional functions, to assist political parties represented in Parliament to secure administrative support and service constituents, and to provide members of Parliament with the necessary facilities. Parliament 1 265 262 526 447 446 998 287 925 3 892 1 Administration Provide strategic leadership, institutional policy, overall management, administration and corporate services to Parliament's executive, management and staff. 350 037 245 198 102 202 2 637 2 Legislation and Oversight 2 Legislation and Oversight Provide procedural and administrative services for Parliament to carry out its core functions. Pass legislation and oversee executive action. 296 400 296 400 207 630 88 079 207 630 88 079 691691 3 Public and International Participation Carry out Parliament's role in public and international participation and provide support for these activities. 108 900 35 169 73 167 564 4 Members' Facilities Provide telephone, travel and other facilities for members of Parliament in the National Assembly and National Council of Provinces.
Of which Non-profit institutions 5 Associated Services Provide financial support to political parties represented in Parliament and to their leaders and constituency offices.
Constituency Allowance: Contribution to operations - Party Leadership Support: Contribution to political parties for 220 838 party leaders' remuneration 5 909 3 Aim: Cooperative Governance and Traditional Affairs Improve cooperative governance across the three spheres of government, in partnership with institutions of traditional leadership, thereby ensuring that provinces and municipalities carry out their service delivery and development functions effectively. 47 933 580 232 862 458 393 47 222 446 19 779 100 1 Administration Provide management, leadership and administration of the department.
Provide specialised support services to the department in the areas of research and knowledge management, policy formulation, monitoring and evaluation, and information, communication and business technologies.
Of which Departmental agencies and accounts * - South African Local Government Association: Contribution to operations * - Municipal Demarcation Board: Contribution to operations Municipal bank accounts * - Local Government Equitable Share Non-profit institutions * - South African Cities Network: Contribution to operations * - United Cities and Local Government of Africa: Contribution to operations 3 Governance and Intergovernmental Relations Improve vertical and horizontal coordination and alignment between the three spheres of government. Promote public participation in governance through regulatory mechanisms. Provide oversight, intervention and support programmes to provinces, municipalities and associated institutions.
Of which Conditional grant to local government * - Municipal Disaster Grant Conditional grant to provinces * - Provincial Disaster Grant 4 Disaster Response Management Promote an integrated and coordinated system of disaster risk management with special emphasis on prevention, mitigation and preparedness by national, provincial and municipal organs of state, statutory functionaries and other role players involved in disaster risk management and communities.
Of which Conditional grant to local government * - Municipal Systems Improvement Grant Provide oversight, support programmes and evidence based regulatory mechanisms for provincial and municipal government and associated institutions to facilitate effective development and service delivery.
Of which 6 Infrastructure and Economic Development Support provincial and local government programmes and systems for the promotion of economic and infrastructure development.
Of which Departmental agencies and accounts * - Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities: Contribution to operations 7 Traditional Affairs Promote and coordinate research and information management and the development of policies and legislation on traditional affairs. Coordinate institutional development and capacity building programmes to enhance efficiency and effectiveness within the institution of traditional affairs. 83 769 38 561 22 703 22 150 22 150 355 4 Aim: Efficiently determine and safeguard the identity and status of citizens. Regulate migration to ensure security, promote development and fulfil our international obligations. Home Affairs 5 464 134 2 206 560 2 230 826 1 000 072 26 676 1 Administration Provide leadership, management and support services to the department.
Of which Departmental agencies and accounts 2 Citizen Affairs Provide secure, efficient and accessible services and documents for citizens and lawful residents.
Facilitate and regulate the secure movement of people into and out of the Republic of South Africa through ports of entry, determine the status of asylum seekers, and regulate refugee affairs.
R'000 R'000 R'000 R'000 R'000 R'000 R'000 5 Aim: International Relations and Cooperation Formulate, coordinate, implement and manage South Africa's foreign policy and international relations programmes. 4 796 768 1 704 464 1 998 622 809 943 283 739 1 Administration Develop overall policy and manage the department.
Of which Departmental agencies and accounts - African Renaissance and International Cooperation Fund: Contribution to operations Foreign governments and international organisations - International Organisations: Membership fees - African Union - India Brazil South Africa Trust Fund - Commonwealth - United Nations - African Peer Review Mechanism - International Organisations: Contribution to operations - New Partnership for Africa's Development - United Nations Development Programme - Comprehensive Nuclear Test Ban Treaty - Southern African Development Community: Membership fees - Humanitarian Aid: Contribution to humanitarian projects 4 International Transfers 2 International Relations Promote relations with foreign countries. Participate in international organisations and institutions in line with South Africa's national values and foreign policy objectives. 3 Public Diplomacy and Protocol Communicate South Africa's role and position in international relations in the domestic and international arenas. Provide protocol services. Fund membership fees and transfers to international organisations. 2 529 826 211 548 809 943 1 286 670 1 209 827 115 399 96 149 809 943 450 370 128 860 7 580 9 399 117 720 2 500 7 500 5 600 6 032 40 515 24 000 33 329 6 Aim: Performance Monitoring and Evaluation Support an outcomes oriented approach in intergovernmental planning and resource allocation across all spheres and organs of government. 75 790 50 939 21 851 3 000 1 Administration Provide leadership, management and support services to the department. 22 538 13 047 9 091 400 2 Outcomes Monitoring and Evaluation Coordinate and manage the outcomes oriented performance monitoring and evaluation system.
Coordinate and support an integrated government wide performance monitoring and evaluation system. 3 Integrated Public Performance Data Systems 21 742 13 267 5 875 2 600 4 Public Sector Administration Oversight Coordinate and facilitate public sector administration oversight services. 6 767 4 308 2 459 7 Aim: Public Works Provide for and manage the accommodation, housing, land and infrastructure needs of national departments. Lead and direct the implementation of the national expanded public works programme. Promote growth, job creation and transformation in the construction and property industries. 7 819 256 1 242 062 1 008 019 15 342 4 010 265 1 543 568 1 Administration Provide strategic leadership and support services, including the accommodation and overall management of the department.
Of which 2 Immovable Asset Management Provide and manage government's immovable property portfolio in support of government's social, economic, functional and political objectives.
Of which Conditional grant to local government * - Expanded Public Works Programme Incentive Grant for Municipalities Conditional grants to provinces * - Expanded Public Works Programme Incentive Grant for Provinces * - Social Sector Expanded Public Works Programme Incentive Grant for Provinces Non-profit institutions - Non-State Sector: - Provision of job opportunities - Payment of bank charges 3 Expanded Public Works Programme Ensure the creation of work opportunities and the provision of training for unskilled, marginalised and unemployed people in South Africa by coordinating the implementation of the expanded public works programme.
Of which Foreign governments and international organisations - Commonwealth War Graves Commission: Contribution for the maintenance of soldiers' graves Promote the growth and transformation of the construction and property industries. Promote uniformity and best practice in construction and immovable asset management in the public sector. 5 Auxiliary and Associated Services Provide for various services, including compensation for losses on the government assisted housing scheme and assistance to organisations for the preservation of national memorials. Meet the protocol responsibilities for state functions. 4 Property and Construction Industry Policy Regulations 34 900 33 180 12 005 22 749 22 12 182 20 998 18 515 124 8 Aim: Drive, accelerate and oversee government's equity, equality and empowerment agenda on women, children and people with disabilities, especially in poor and rural communities. Women, Children and People with Disabilities 117 943 34 623 25 864 55 150 2 306 1 Administration Provide effective leadership, management and administrative support services to the minister and other branches in the department. 34 183 17 887 15 248 1 048 2 Women Empowerment and Gender Equality Facilitate the translation of national and international instruments into empowerment and socioeconomi development programmes Oversee and report Of which Departmental agencies and accounts empowerment and socioeconomic development programmes. Oversee and report comprehensively on the national realisation of women's rights and the progressive realisation of equality.
Commission for Gender Equality: Contribution to operations 55 150 3 Children's Rights and Responsibilities Oversee a consolidated children's rights agenda and alignment of the conceptual frameworks and strategies across the three spheres of government to advance delivery against constitutional and international instruments.
Facilitate the translation of national and international instruments into empowerment and socioeconomic development programmes. Oversee and comprehensively report on the national realisation of the rights of people with disabilities and the progressive realisation of equality. 4 Rights of People with Disabilities 9 565 5 595 3 549 421 9 Aim: Provide a comprehensive communication service on behalf of government to facilitate the involvement of the majority of South Africans in governance, reconstruction and development, nation building and reconciliation. Government Communication and Information System 496 393 165 433 169 345 159 204 2 411 1 Administration Provide overall management of the department.
Of which Departmental agencies and accounts 2 Communication and Content Management Coordinate the strategic planning of communication related initiatives and activities in the Government Communication and Information System and in government departments.
Of which Departmental agencies and accounts 3 Government and Stakeholder Engagement Provide leadership and strategic advice to the provincial and local government communication systems.
R'000 R'000 R'000 R'000 R'000 R'000 R'000 10 Aim: National Treasury Support economic growth and development, good governance, social progress and rising living standards through the accountable, economical, efficient, equitable and sustainable management of public finances, maintenance of macroeconomic and financial sector stability and effective financial regulation of the economy. 22 598 191 605 940 830 777 20 397 819 13 655 750 000 1 Administration Provide strategic management, leadership and administrative support to the department.
Of which Departmental agencies and accounts - Cooperative Banking Development Agency: Contribution to operations Universities and technikons - Economic Research Southern Africa: Economic research 2 Economic Policy, Tax, Financial Regulation and Research Provide specialist policy research, analysis and advisory services in the areas of macroeconomics, microeconomics, taxation, the financial sector, and regulatory reform.
Of which Departmental agencies and accounts * - Financial and Fiscal Commission: Contribution to operations 3 Public Finance and Budget Management Provide analysis and advice on fiscal policy and public finances, intergovernmental financial relations and expenditure planning and priorities. Manage the annual budget process and provide public finance management support. 198 938 132 851 32 535 33 036 33 036 516 4 Asset and Liability Management Manage government's annual funding programme in a manner that ensures prudent cash management and an optimal portfolio of debt and other fiscal obligations. Promote and enforce prudent financial management of state owned entities through financial analysis and oversight.
Of which Departmental agencies and accounts - Accounting Standards Board: Contribution to operations - Independent Regulatory Board for Auditors: Contribution to operati 5 Financial Systems and Accounting Facilitate accountability, governance and oversight by promoting transparent, economical, efficient and effective management in respect of revenue, expenditure, assets and liabilities in the public sector.
Of which Foreign governments and international organisations - Common Monetary Area Compensation: Alignment to a common monetary policy - Financial and Technical Support: Support for African relief programmes - African Development Bank and African Development Fund: Shares acquisition - World Bank Group: Development assistance to low income countries and assistance in the multilateral debt relief initiative - Collaborative Africa Budget Reform Initiative: Support to member countries in public finance management - Commonwealth Fund for Technical Cooperation: Support for common secretarial goals and programmes - International Funding Facility for Immunisation: Reduction of the number of vaccine-preventable deaths among children under the age of five Of which Foreign governments and international organisations - United Kingdom Tax: Tax on pensions of United Kingdom staff Households - Civil Pensions: Civil pensions and benefits - Post-Retirement Medical Scheme Contributions - Political Office Bearers Pension Fund - Special Pensions - Injury on Duty - Other benefits for pensioners - Military Pensions: Military pension benefits and medical claims Non-profit institutions - South African Legion: Payments to military war veterans 6 International Financial Relations Facilitate the deepening of South Africa's role in regional and international economic integration. 7 Civil and Military Pensions, Contributions to Funds and Other Benefits Provide for government's pension and post-retirement medical benefit obligations to former employees of state departments and bodies. Provide for similar benefits to retired members of the military.
Of which Conditional grants to local government * - Neighbourhood Development Partnership Grant * - Local Government Financial Management Grant Departmental agencies and accounts * - Neighbourhood Development Partnership Grant: Infrastructure project development in rural and township community areas - Post Disaster Recovery and Reconstruction Projects: Assistance to provinces and municipalities - Project Development Facility Trading Account: - Facilitation of public funds for job creation initiatives - Trading entities for public private partnership services - Technical Assistance Unit Trading Entity: Contribution to operations - Development Bank of Southern Africa: Operational and strategic support for under-capacitated municipalities - Technical Assistance Unit Trading Entity: Facilitation of public funds for job creation initiatives - Employment Creation Facilitation Fund: Facilitation of public funds for job creation initiatives Of which Departmental agencies and accounts * South African Revenue Service: * - Contribution to operations * - Contribution to capital operations Of which Departmental agencies and accounts * - Financial Intelligence Centre: * - Contribution to operations * - Contribution to capital operations * - Secret Services: 10 Financial Intelligence and State Security Combat financial crime including money laundering and terror financing activities. Gather intelligence for purposes of national security, defence and combating crime. 8 Technical Support and Development Finance Facilitate technical assistance to departments, for purposes of capacity building and improving the value received for public funds spent. Provide specialised support relating to the planning and implementation of public sector infrastructure development. 9 Revenue Administration Administer an efficient tax system, providing tax education to the public, ensuring maximum compliance with tax and customs legislation, and providing a customs service that will maximise revenue collection, and facilitate trade. - Secret Services: * - Contribution to operations * - Contribution to capital operations 4 156 180 8 653 573 3 755 021 51 233 107 416 3 996 101 750 000 434 641 100 000 600 000 20 000 3 000 18 434 100 026 20 000 1 950 000 8 653 573 7 855 011 798 562 3 755 021 85 700 50 800 3 315 351 303 170 1 430 11 Aim: Public Enterprises Provide effective shareholder management of state owned enterprises that report to the department. Support and promote economic efficiency and competitiveness for a better life for all South Africans.
Of which Households - Gifts and Donations: Achieve the department's strategic objectives by providing management, supporting functions and processes.
Of which Public corporations - Pebble Bed Modular Reactor: Dismantling and decommissioning ofAlign the corporate strategies and performance of Eskom, Pebble Bed Modular Reactor and Broadband Infraco with government's strategic intent and performance targets. 2 Energy and Broadband Enterprises 58 652 11 863 6 789 40 000 fuel development laboratories 40 000 3 Legal and Governance Provide systems that align state owned enterprises with legal and corporate governance best practice and with government's strategic intent.
Align the corporate strategies and performance of Denel and the South African Forestry Company Limited with government's strategic intent and performance targets. Develop proposals regarding state owned enterprises' role in developing an advanced manufacturing cluster.
5 Transport Enterprises Align the corporate strategies and performance of Transnet, South African Airways and South African Express Airways with government's strategic intent and performance targets. 6 Joint Project Facility Align the department and its portfolio of state owned enterprises with national economic strategies, such as the new growth path and associated objectives through focused policy research and the development of catalytic projects. R'000 26 610 13 000 R'000 R'000 R'000 14 329 12 281 3 730 9 270 R'000 R'000 R'000 12 Aim: Public Service and Administration Lead the modernisation of the public service, through a generally applicable framework of norms and standards, to improve service delivery. 690 069 208 792 187 724 290 891 2 662 1 Administration Provide policy, strategic leadership and overall management of the department. 165 259 84 710 78 083 2 466 2 Human Resource Management and Development Develop, implement and monitor human resource management policies. 33 966 24 574 9 392 3 Labour Relations and Remuneration Management Develop, implement and maintain labour relations and compensation policies. Ensure coordinated engagement with organised labour. 23 273 17 445 5 828 4 Public Sector Information and Communication Technology Management Develop, implement and monitor information communication technology policies and norms and standards that enable citizen centred services.
Of which Departmental agencies and accounts * - Public Administration Leadership and Management Academy: Promote a service delivery and organisational transformation framework. Engage in interventions and partnerships to promote efficient and effective service delivery.
Of which Departmental agencie and accounts Improve participatory governance, strengthen the fight against corruption and engage with international partners in the field of public administration.
- Public Service Commission: Contribution to operations 151 051 13 Aim: Statistics South Africa Provide a relevant and accurate body of statistics to inform users on the dynamics in the economy and society by applying internationally acclaimed practices. 3 240 909 1 530 975 1 657 184 608 10 487 41 655 1 Administration Manage the department and provide centralised support services. 414 516 212 675 184 010 140 9 497 8 194 2 Economic Statistics Produce economic statistics to meet user requirements. 196 366 177 695 18 576 48 10 37 3 Population and Social Statistics Produce population, demographic, labour market and social statistics to meet user requirements in line with internationally recognised practices.
Provide expertise on quality and methodology for official statistics, standards for conducting surveys and a business sampling frame.
Enable service delivery programmes through the use of technology in the production and use of official statistics. Promote and provide better access to official statistics. 5 Statistical Support and Informatics 195 077 79 280 102 454 94 25 13 224 6 Corporate Relations Provide statistical information to support policy makers. Manage stakeholders and interact with international statistical agencies. Provide effective communication activities. 414 705 342 494 71 027 280 604 300 7 Survey Operations Provide collection and processing support to produce official statistics. 1 822 898 569 757 1 233 494 20 19 627 14 Aim: Arts and Culture 1 Administration Provide leadership, management and support functions of the department. Develop and preserve South African arts and culture to ensure social cohesion and nation building.
Of which Departmental agencies and accounts - Artscape: Contribution to operations - Market Theatre: Contribution to operations - National Arts Council: Contribution to operations - Performing Arts Centre of The Free State: Contribution to operations - State Theatre: Contribution to operations - Windybrow Theatre: Contribution to operations - National Film and Video Foundation: Contribution to operations - Playhouse Company: Contribution to operations - Playhouses - Capital Works: Building, maintenance and upgrading of infrastructure Households - Visual and Performing Arts Projects: Contribution to operations Non-profit institutions - Business Arts South Africa: Contribution to operations 2 Performing Arts Promote the performing arts.
Of which Departmental agencies and accounts - Pan South African Language Board: Contribution to operations Households - Language Development Projects: Facilitation financing 3 National Language Services Promote the official languages of South Africa and enhance the linguistic diversity of the country.
Of which Households - Cultural Industries: Projects financing - Investing in Culture: Projects financing - International Promotion Programme: Projects financing 4 Cultural Development Promote and develop South African arts and culture.
Of which Departmental agencies and accounts - Afrikaanse Taalmuseum - Paarl: Contribution to operations - Freedom Park Trust - Pretoria: Contribution to operations - Iziko M of Cape Town: Contributi to operations 5 Heritage Promotion Provide policy, legislation and strategic direction for identifying, conserving and promoting cultural heritage.
Of which Conditional grant to provinces * - Community Library Services Grant Departmental agencies and accounts - National Library of South Africa: - Contribution to operations - Support to community libraries - South African Library for the Blind: Contribution to operations - Libraries - Capital Works: Building, maintenance and upgrading of infrastructure Households - Projects that Conserve Archival Material: Facilitation financing Non-profit institutions - Blind South Africa: Contribution to operations 6 National Archives and Library Services Facilitate full and open access to the archival and information resources of South Africa.
R'000 R'000 R'000 R'000 R'000 R'000 R'000 15 Aim: Basic Education Develop, maintain and support a South African school education system for the 21st century.
Of which Foreign governments and international organisations - United Nations Educational, Scientific and Cultural Organisation: Membership fees 1 Administration Manage the department and provide strategic and administrative support services.
Of which Conditional grants to provinces * - Technical Secondary Schools Recapitalisation Grant * - Dinaledi Schools Grant 2 Curriculum Policy, Support and Monitoring Develop curriculum and assessment policies and monitor and support their implementation.
Of which Departmental agencies and accounts - National Student Financial Aid Scheme: Funza Lushaka bursaries for initial teacher development 3 Teachers, Education Human Resources and Institutional Development Promote quality teaching and institutional performance through effective supply, development and utilisation of human resources.
Of which 4 Planning, Information and Assessment Promote quality and effective service delivery in the basic education system through monitoring and evaluation, planning and assessment.
Of which Conditional grants to provinces * - National School Nutrition Programme Grant * - HIV and AIDS (life skills education) Grant 5 Educational Enrichment Services Develop policies and programmes to improve the quality of learning in schools. HIV and AIDS (life skills education) Grant 4 821 739 29 805 13 628 4 778 130 4 578 752 199 328 199 328 176 16 Aim: Provide leadership and coordination of health services to promote the health of all people in South Africa through an accessible, caring and high quality health system based on the primary health care approach. Health 25 731 554 424 000 785 296 24 489 339 32 919 1 Administration Provide overall management of the department and centralised support services. 326 071 121 207 196 785 424 7 655 2 Health Planning and Systems Enablement Improve access and quality of health services through planning, integration of health systems, reporting, monitoring and evaluation, and research.
Of which Conditional grant to provinces 3 HIV and AIDS, Tuberculosis and Maternal, Child and Women's Health Coordinate, manage and fund HIV and AIDS, tuberculosis and maternal, child and women's health programmes. Develop and oversee the implementation of policies, systems and norms and standards.
Of which Conditional grant to provinces 4 Primary Health Care Services Develop and implement a uniform district health system. Develop policy for district health services. Identify and promote centres of excellence. Support planning, delivery and monitoring.
Of which Conditional grants to provinces * - Health Professions Training and Development Grant * - National Tertiary Services Grant * - Hospital Revitalisation Grant * - Health Infrastructure Grant Develop policies, delivery models and clinical protocols for hospitals and emergency medical services. Ensure that Academic Medical Centres services and health workforce programmes are aligned.
Of which Departmental agencies and accounts - National Health Laboratory Services: Contribution to operations - Medical Research Council: Research funding - Council for Medical Schemes: Contribution to operations Non-profit institutions - Health Systems Trust: Contribution to operations Social security funds - Compensation Fund: Contribution to operations 6 Health Regulation and Compliance Management Regulate the procurement of medicines and pharmaceutical supplies, including trade in health products. Promote accountability and compliance through regulatory bodies for effective governance and quality of health care. 525 401 81 665 74 090 366 440 82 167 271 205 4 194 6 097 2 777 3 206 17 Aim: Higher Education and Training Develop and support a quality higher and vocational education sector. Promote access to higher and vocational education and skills development training opportunities. 28 228 589 301 521 154 304 27 764 649 8 115 1 Administration Provide overall management and administration of the department.
Of which Foreign governments and international organisations Provide strategic direction in the development, implementation and monitoring of departmental policies and the human resource development strategy for South Africa.
Commonwealth of Learning: Membership fees 2 015 3 University Education Develop and coordinate policy and regulatory frameworks for an effective and Of which Departmental agencies and accounts - National Student Financial Aid Scheme: Develop and coordinate policy and regulatory frameworks for an effective and efficient university education system. Provide financial support to universities, the National Student Financial Aid Scheme and the National Institutes for Higher Education.
Of which Conditional grant to provinces * - Further Education and Training Colleges Grant 4 Vocational and Continuing Education and Training Plan, develop, evaluate, monitor and maintain national policy, programmes, assessment practices and systems for vocational and continuing education and training, including further education and training colleges and post-literacy adult education and training.
Of which Departmental agencies and accounts - National Skills Fund: Contribution to operations - Quality Council for Trades and Occupations: Contribution to operations Promote and monitor the national skills development strategy. Develop skills development policy and a regulatory framework for an effective skills development system. 5 Skills Development 128 253 64 287 9 441 48 288 29 901 18 387 6 237 18 Aim: Labour Regulate the labour market through policies and programmes developed in consultation with social partners, which are aimed at improved economic efficiency and productivity, employment creation, sound labour relations, eliminating inequality and discrimination in the workplace, alleviating poverty in employment, enhancing occupational health and safety awareness and compliance in the workplace, and nurturing the culture of acceptance that worker rights are human rights.
Provide management, strategic and administrative support services to the ministry and the department. 1 Administration 697 228 258 803 406 613 168 31 644 2 Inspection and Enforcement Services Ensure the implementation of and compliance with Department of Labour policies and programmes through monitoring, evaluation and inspections.
Of which Departmental agencies and accounts 3 Public Employment Services Assist companies and workers to adjust to changing labour market conditions. Regulate private employment agencies.
Of which Departmental agencies and accounts - Commission for Conciliation, Mediation and Arbitration: ContributionFacilitate the establishment of an equitable and sound labour relations environment and the promotion of South Africa's interests in international labour matters through research, analysing and evaluating labour policy, and providing statistical data on the labour market, including providing support to institutions that promote social dialogue.
Strengthen Civil Society: Contribution to operations 15 063 19 Aim: Social Development Ensure protection against vulnerability by creating an enabling environment for the provision of a comprehensive, integrated and sustainable social development service. 1 Administration Provide leadership, management and support services to the department and the sector.
Of which Households - Social Assistance Transfers: Social grants - Old Age Grant - War Veterans Grant - Disability Grant - Foster Care Grant - Care Dependency Grant - Child Support Grant - Grant-in-Aid - Social Relief Assistance 2 Social Assistance Provide income support to vulnerable groups.
Of which Departmental agencies and accounts - South African Social Security Agency: - Administration of social assistance - Social assistance fraud investigations 3 Social Security Policy and Administration Provide for social security policy development and the fair administration of social assistance.
Of which Departmental agencies and accounts - National Student Financial Aid Scheme: Social work scholarships Non-profit institutions - loveLife: Prevention of HIV infection among the youth - National Association of People Living with HIV and AIDS: Care and support for communities infected and affected by HIV and AIDS - National Bodies: Contribution to operations for interest groups - Service Standards - Substance Abuse - Older Persons - Disabilities - Children - Families - Social Crime Prevention 4 Welfare Services Policy Development and Implementation Support Create an enabling environment for the delivery of equitable developmental welfare services through the formulation of policies, norms and standards, and best practices. Provide support to implementation agencies. 450 824 70 976 69 265 307 210 244 000 43 360 320 1 476 2 361 1 947 3 068 6 046 1 068 3 341 3 373 5 Soci l Policy and Integrated Service D livery Of which Departmental agencies and accounts - National Development Agency: Contribution to operations Support community development and promote evidence based policy making in the department and the social development sector. 5 Socia l Policy and Integrated Service De livery 243 234243 234 47 785 29 13147 785 29 131 164 958164 958 161 360 13601 360 20 Aim: Sport and Recreation South Africa Maximise access, development and excellence at all levels of participation in sport and recreation to improve social cohesion, nation building and the quality of life of all South Africans. 802 690 79 861 142 649 574 138 6 042 1 Administration Provide management, strategic and administrative support services.
Of which Departmental agencies and accounts Support recognised sport and recreation bodies and public entities, and monitor and report on their performance.
Of which Conditional grant to provinces 3 Mass Participation Create an enabling environment and provide support to increase the number of participants in sport and recreation in South Africa.
Sport Federations: Coordination of school sport competitions 19 000 4 International Liaison and Events Coordinate inter and intragovernment sport and recreation relations. Support the hosting of identified major events.
R'000 R'000 R'000 R'000 R'000 R'000 R'000 5 Facilities Coordination Facilitate the provision and management of sustainable sport and recreation facilities. 8 201 2 262 1 850 4 089 21 Aim: Correctional Services Contribute to maintaining and protecting a just, peaceful and safe society by enforcing court imposed sentences, detaining inmates in safe custody while maintaining their human dignity and developing their sense of social responsibility, and promoting the general development of all inmates and persons subject to community corrections.
Of which Departmental agencies and accounts - Safety and Security Sector Education and Training Authority: 1 Administration Provide the administrative, management, financial, information and communication technology, research, policy coordination and good governance support functions necessary for all service delivery by the department and in support of the functions of the ministry.
Provide safe and secure conditions for all persons incarcerated, consistent with human dignity, in support of security for personnel and the public. 2 Security 5 597 947 5 463 281 132 262 1 115 1 289 3 Corrections Provide needs based correctional sentence plans and interventions, based on an assessment of the security risk and criminal profile of individuals, targeting all elements associated with offending behaviour, and focusing on the offence for which a person is sentenced to a correctional centre or correctional supervision, remanded in a correctional centre or paroled. 1 537 252 1 485 326 35 930 15 375 621 4 Care Provide needs based care programmes and services aimed at maintaining the personal wellbeing of all inmates in the department's care. 1 853 935 835 489 1 016 313 2 133 5 Development Provide needs based personal development programmes and services to sentenced persons in the department's care. 559 257 343 562 199 358 16 337 6 Social Reintegration Provide services focused on offenders' preparation for release, effective supervisi of those on parol and under correctional supervision as well as thesupervision of those on parole and under correctional supervision, as well as the facilitation of the social reintegration of released offenders into their communities.
Of which * - Facilities Planning: Repair and maintenance of correctional and 7 Facilities Provide physical infrastructure that supports safe and secure custody, humane conditions, corrective services, care, development, and general administration. 1 984 294 91 334 786 601 1 882 1 104 477 other facilities * - Facilities Planning: Upgrading, rehabilitation and refurbishment of 62 000 correctional and other facilities 906 341 22 Aim: Defence and Military Veterans Defend and protect the Republic of South Africa, its territorial integrity and its people, in accordance with the Constitution and the principles of international law regulating the use of force.
Of which Departmental agencies and accounts - Safety and Security Sector Education and Training Authority: 1 Administration Develop policy, and manage and administer the department.
Of which Departmental agencies and accounts - Special Defence Account: Acquisition and upgrading of main2 Force Employment Provide and employ defence capabilities, including an operational capability, to successfully conduct all operations, and joint, interdepartmental and multinational military exercises.
Of which Departmental agencies and accounts - Special Defence Account: Acquisition and upgrading of main weapon systems and technology Public corporations - Armaments Corporation of South Africa Limited: Acquisition, maintenance and disposal services in terms of defence matériel, including research 3 Landward Defence Provide prepared and supported landward defence capabilities for the defence and protection of South Africa.
Of which Departmental agencies and accounts - Special Defence Account: - Acquisition and upgrading of main weapon systems and technology - Acquisition of strategic armament capabilities for the South African Air Force Public corporations - Armaments Corporation of South Africa Limited: Acquisition, maintenance and disposal services in terms of defence matériel, including research 4 Air Defence Provide prepared and supported air defence capabilities for the defence and protection of South Africa.
Of which Departmental agencies and accounts - Special Defence Account: - Acquisition and upgrading of main weapon systems and technology - Acquisition of strategic armament capabilities for the South African Navy Public corporations - Armaments Corporation of South Africa Limited: Acquisition, maintenance and disposal services in terms of defence matériel, including research 5 Maritime Defence Provide prepared and supported maritime defence capabilities for the defence and protection of South Africa.
Of which Departmental agencies and accounts Special Defence Account: Acquisition and upgrading of main weapon Provide prepared and supported health capabilities and services for the defence and protection of South Africa.
Of which Departmental agencies and accounts - Special Defence Account: Executing defence intelligence activities 7 Defence Intelligence Provide defence intelligence and counter intelligence capability.
Of which Departmental agencies and accounts - Special Defence Account: Acquisition and upgrading of main weapon systems and technology Public corporations - Armaments Corporation of South Africa Limited: Acquisition, maintenance and disposal services in terms of defence matériel, including research 8 General Support Provide general support capabilities and services to the department. 3 899 964 835 865 1 837 113 1 095 351 467 576 621 224 131 635 23 Aim: Ensure independent oversight of the South African Police Service and the Municipal Police Services, conduct independent and impartial investigations of identified criminal offences allegedly committed by members of the South African Police Service and the Municipal Police Services, and make appropriate recommendations.
Of which Departmental agencies and accounts - Safety and Security Sector Education and Training Authority:1 Administration Provide overall management and support services.
Contribution to operations 87 2 Complaints Processing, Monitoring and Investigations Receive, register and process complaints. Investigate deaths in police custody or as a result of police action. Investigate and/or monitor complaints of police criminality and misconduct. Monitor the implementation of the Domestic Violence Act (1998).
3 Information Management and Research Manage all information needs and knowledge. Conduct proactive research and undertake various proactive oversight activities. Manage all communication and the marketing of activities and products to stakeholders. R'000 17 586 R'000 R'000 R'000 9 068 7 658 R'000 R'000 860 R'000 24 Aim: Uphold and protect the Constitution and the rule of law, and render accessible, fair, speedy and cost effective administration of justice in the interests of a safer and more secure South Africa.
Of which Departmental agencies and accounts - Safety and Security Sector Education and Training Authority: 1 Administration Manage the department and provide centralised support services. Develop policies and strategies for the efficient administration of justice.
International Criminal Court: Membership fee 4 955 2 Court Services Facilitate the resolution of criminal and civil cases and family law disputes, through providing accessible, efficient and quality administrative support to the courts, and manage court facilities.
Provide legal and legislative services to government. Supervise the administration of deceased, insolvent and liquidation estates and the registration of trusts. Manage the Guardian's Fund. Prepare and promote legislation. Facilitate constitutional development and undertake research in support of this.
Of which Departmental agencies and accounts - Safety and Security Sector Education and Training Authority: 4 National Prosecuting Authority Provide a coordinated prosecuting service that ensures that justice is delivered to the victims of crime through general and specialised prosecutions, remove the profit from crime, and protect certain witnesses.
Contribution to operations 1 553 5 Auxiliary and Associated Services Provide a variety of auxiliary services associated with the department's aim. Fund transfer payments to the South African Human Rights Commission, the Office of Of which Departmental agencies and accounts transfer payments to the South African Human Rights Commission, the Office of the Public Protector, Legal Aid South Africa, the Special Investigating Unit, the Represented Political Parties' Fund and the President's Fund.
- Office of the Public Protector: Contribution to operations - Represented Political Parties' Fund: Contribution to operations of 142 889 political parties represented in Parliament 103 981 25 Aim: Police Prevent, combat and investigate crime, maintain public order, protect and secure the inhabitants of South Africa and their property, and uphold and enforce the law.
Of which * - Integrated Justice System Programme: Modernisation of the Develop policy and manage the department, including providing administrative support.
Of which Households 2 Visible Policing Enable police stations to institute and preserve safety and security. Provide for specialised interventions and the policing of South Africa's borders.
Of which * - Integrated Justice System Programme: Modernisation of the3 Detective Services Enable the investigative work of the South African Police Service, including providing support to investigators in terms of forensic evidence and the Criminal Record Centre.
Of which Households - Employee Social Benefits: - Post-retirement benefit - Injury on duty 4 Crime Intelligence Manage crime intelligence and analyse crime information. Provide technical support for investigations and crime prevention operations.
Of which Households - Employee Social Benefits: Post-retirement benefit Provide protection and security services to all identified dignitaries and government interests. 5 Protection and Security Services 1 546 718 1 344 318 164 034 3 926 3 423 34 440 26 Aim: Agriculture, Forestry and Fisheries Lead, support and promote agricultural, forestry and fisheries resources management through policies, strategies and programmes to enhance their sustainable use, and to achieve economic growth, job creation, food security, rural development and transformation.
Of which Departmental agencies and accounts - Primary Agriculture and Sector Education Training Authority:1 Administration Provide strategic leadership, management and support services to the department.
Of which Conditional grant to provinces Manage the risks associated with animal diseases, plant pests, genetically modified organisms and the registration of products used in agriculture. Promote food safety and create an enabling environment for increased and sustainable agricultural production.
Of which Conditional grant to provinces 3 Food Security and Agrarian Reform Facilitate and promote food security and agrarian reform programmes and initiatives.
Of which Departmental agencies and accounts - National Agricultural Marketing Council: Contribution to operations Foreign governments and international organisations - International organisations: Membership fees - Consultative Group on International Agricultural Research - International Union for the Protection of New Varieties of Plants - Commonwealth Agricultural Bureau International - Food and Agriculture Organisation of the United Nations - International Cotton Advisory Council - International Dairy Federation - International Grains Council - International Seed Testing Association - Office International de la Vigne et du Vin - Office International des Epizooties - Organisation for Economic Cooperation and Development - International Fund for Agricultural Development - Food and Agriculture Organisation of the United Nations: Capacity building - Foreign Rates and Taxes: Rates and taxes paid in foreign regions Public corporations - Land and Agricultural Development Bank of South Africa: Promotion of black economic empowerment Ensure value chain integration. Facilitate market access for agriculture, forestry and fisheries products.
Of which Conditional grant to provinces * - Land Care Programme Grant Non-profit institutions Forest Sector Charter Council: Contribution to operations 5 Forestry Develop and facilitate the implementation of policies and targeted programmes to ensure the management of forests, and the sustainable use and protection of land and water. Manage agricultural risks and disasters.
Forest Sector Charter Council: Contribution to operations Of which Departmental agencies and accounts - Marine Living Resources Fund: - Contribution to operations - Expanded Public Works Programme: Fisheries projects - Vessels Operations Promote the conservation and sustainable use of fisheries resources. 6 Fisheries 770 711 324 188 420 260 262 021 1 298 133 689 60 834 57 772 30423 042 190 499 6 300 71 805 112 394 26 298 27 Aim: Develop information and communication technology policies and legislation that create favourable conditions for accelerated and shared sustainable economic growth that positively impacts on the wellbeing of all South Africans.
Provide strategic support to the ministry and overall management of the department.
Of which Non-profit institutions - New Partnership for Africa's Development E-Africa Commission: 2 Information Communication Technology International Affairs and Trade Ensure alignment between South Africa's international activities and agreements in the field of information and communication technology and South Africa's foreign policy.
Of which Public corporations - South African Broadcasting Corporation: Contribution to operations 3 Information Communication Technology Policy Development Develop information and communication technology policies and legislation that support the development of an information and communication technology sector that creates favourable conditions for the accelerated and shared growth of the economy. Develop strategies that create the uptake and usage of information and communication technology by the majority of the South African population, thus bridging the digital divide.
Of which Departmental agencies and accounts - Independent Communications Authority of South Africa: Contribution to operations - National Electronic Media Institute of South Africa: Contribution to operations - Universal Service and Access Agency of South Africa: Contribution to operations - Universal Services and Access Agency Fund: - Contribution to operations * - Infrastructure Public corporations - South African Post Office: Subsidy - South African Broadcasting Corporation: Contribution to operations - Channel Africa - Public broadcaster - Sentech: - Digitisation * - Digital terrestrial television: Dual illumination Oversee and manage government's shareholding interest in the information and communication technology public entities. Facilitate growth and development of small, medium and micro enterprises in the information and communication technology sector.
Of which * - Broadband Information Communication Technology: Universal access Departmental agencies and accounts -. za Domain Name Authority: Contribution to operations 5 Information Communication Technology Infrastructure Development Promote investment in robust, reliable, secure and affordable information and communication technology infrastructure that supports the provision of a multiplicity of applications and services. 280 911 32 287 246 089 100 000 1 500 1 500 1 035 6 Presidential National Commission Facilitate the development of an inclusive information society by promoting the uptake and usage of information and communication technology for improved socioeconomic development and research. 34 691 18 404 15 671 616 28 Aim: Economic Development Promote economic development through participatory, coherent and coordinated economic policy and planning for the benefit of all South Africans. 594 540 79 200 44 022 464 823 6 495 1 Administration Coordinate and render an effective, efficient, strategic support and administrative service to the minister, deputy minister, director-general, the department and its agencies. 55 031 30 237 18 299 6 495 2 Economic Policy Development Strengthen the economic development policy capacity of government. Review, develop and propose the alignment of economic policies. Develop policies aimed at broadening participation in the economy and creating decent work opportunities.
Of which Departmental agencies and accounts 3 Economic Planning and Coordination Promote economic planning and coordination through developing economic planning proposals. Provide oversight and policy coordination of identified development finance institutions and economic regulatory bodies. Contribute to the development of the green economy.
Direct lending pilot project 55 000 4 Economic Development and Dialogue Promote social dialogue, implement strategic frameworks, build capacity among social partners, and promote productivity, entrepreneurship and innovation in the workplace. 16 284 10 817 5 467 29 Aim: Energy Formulate overall energy policies and oversee their implementation to ensure access to affordable and reliable energy for all South Africans. Promote environmentally friendly energy carriers. 1 Administration Provide strategic support and management services to the ministry and the department.
Of which Public corporations * - Transnet: Construction of petroleum pipelines Of which Conditional grant to local government * - Electricity Demand Side Management Programme Grant Departmental agencies and accounts - South African National Energy Development Institute: - Contribution to operations * - Working for Energy project - Electricity Distribution Industry Holdings Company: Contribution to operations Private enterprises - Renewable Energy Subsidy Scheme: Subsidies for renewable energy projects Public corporations * - National Energy Efficiency and Demand Side Management Grant: Conditional grant to Eskom Of which Conditional grant to local government * - Integrated National Electrification Programme Grant Private enterprises * - Integrated National Electrification Programme: Non-grid electrification service providers - Local Organising Committee 2010 World Cup: Generators and electrical connections Publi corporati Oversee the planning, funding and implementation of the integrated national electrification programme to ensure universal access to electricity and an effective and efficient electricity distribution industry capable of providing affordable electricity to consumers. 2 Energy Policy and Planning Provide integrated energy planning to promote the sustainable use of energy resources through energy research and through the development of appropriate policies and regulations that promote the efficient use of petroleum products, coal, gas, renewable energy and electricity sources. 3 Energy Regulation Regulate and provide enforcement in the energy sector; develop specifications, standards and conditions for petroleum products; ensure the security of liquid fuels; and facilitate the implementation of renewable energy technologies and clean energy development.
- Eskom - Integrated National Electrification Programme: Electricity connections to households Of which Departmental agencies and accounts - National Nuclear Regulator: - Contribution to operations - Contribution to capital operations Public corporations - South African Nuclear Energy Corporation Limited: - Contribution to operations - Contribution to capital operations - Decommissioning and decontamination projects: - Contribution to operations - Contribution to capital operations - South African Fundamental Atomic Research Installation reactor conversion - Conversion and maintenance of the South African Fundamental Atomic Research Installation's nuclear reactor fuel 5 Nuclear Energy and Regulation Manage the South African nuclear industry and ensure overall control of source and special nuclear materials in terms of nuclear legislation. Manage nuclear safety, technology, non-proliferation and radiation security as required by legislation and international agreements, and provide oversight of statutory bodies and organisations in the nuclear industry. 1 546 958 554 697 3 207 555 613 221 30 355 16 603 47 232 10 487 14 965 5 305 7 454 5 495 1 500 000 1 500 000 496 978 280 000 20 100 25 000 11 758 41 320 118 800 3 187 285 1 096 612 70 861 282 000 1 737 812 600 272 470 13 768 481 506 10 207 2 058 70 029 12 707 9 527 30 Aim: Environmental Affairs Lead South Africa's environmental sector to achieve sustainable development towards a better quality of life for all. 2 846 063 405 158 713 922 1 218 976 508 007 1 Administration Provide strategic leadership, centralised administration and executive support and corporate services.
Of which Departmental agencies and accounts 2 Environmental Quality and Protection Protect and improve the quality and safety of the environment to give effect to the right of all South Africans to an environment that is not harmful to health and wellbeing.
Of which 3 Oceans and Coasts Ensure that government, industry and the public are informed, supported, and regulated to act responsibly to conserve the ocean and coastal environment as well as to honour South Africa's local and global obligations.
- Antarctic Supply Vessel: Replacement of the research vessel Of which * - United Nations Conference on Climate Change: Hosting of the 17th Conference of Parties 4 Climate Change Promote, coordinate and manage an effective national mitigation and adaptation response to climate change.
Of which Departmental agencies and accounts - iSimangaliso Wetland Park Authority: Contribution to operations - South African National Biodiversity Institute: Contribution to operations - South African National Parks: - Contribution to operations - Infrastructure projects 5 Biodiversity and Conservation Promote the conservation and sustainable use of natural resources to contribute to economic growth and poverty alleviation.
Of which * - Expanded Public Works Programme: Labour intensive environmental projects focused on direct job creation and skills development Departmental agencies and accounts - South African National Parks: Contribution for infrastructure investment - South African National Biodiversity Institute: Contribution for infrastructure investment - South African Weather Service: Contribution for infrastructure investment - iSimangaliso Wetland Park Authority: Contribution for infrastructure investment Households * - Expanded Public Works Programme: Labour intensive environmental projects focused on direct job creation and skills development 6 Sector Services, Coordination and Information Management and International Create conditions for effective corporate and cooperative governance, international cooperation and the implementation of poverty alleviation projects. Relations projects focused on direct job creation and skills development * - Expanded Public Works Programme Incentive: Labour intensive environmental projects focused on direct job creation and skills development 857 634 79 947 84 645 47 882 30 063 692 776 60 000 15 000 10 202 42 000 450 915 450 915 101 659 266 31 Aim: Human Settlements Determine, finance, promote, coordinate, communicate and monitor the implementation of housing and sanitation policies and programmes. 22 578 495 319 004 322 670 530 21 700 605 235 686 1 Administration Provide strategic leadership and administrative and management support services to the department. 232 435 88 162 142 224 170 1 879 2 Housing Policy, Research and Monitoring Develop and promote human settlements and housing policies supported by a responsive research agenda. Monitor and assess the implementation, performance and impact of national housing and human settlements policies and programmes. 39 215 29 852 9 048 60 255 3 Housing Planning and Delivery Support Support implementation and delivery, build capacity, and liaise and communicate with stakeholders for effective housing and human settlements programmes. Coordinate and monitor the implementation of priority projects and the sanitation programme.
Of which Fund housing and human settlements development programmes. Provide financial and grant management services. Promote investment in housing finance. Mobilise and promote financial integrity within housing institutions. Manage all matters provided for by the Home Loan Mortgage Disclosure Act (2000).
Coordinate the department's mandate within the intergovernmental relations framework. Manage international relations and promote good governance practices within the department and its public entities. Provide timely and integrated business information to the department. 5 Strategic Relations and Governance R'000 155 535 R'000 R'000 R'000 58 818 94 800 110 R'000 1 000 R'000 807 R'000 32 Aim: Mineral Resources Promote and regulate the minerals and mining sector for transformation, growth and development and ensure that all South Africans derive sustainable benefit from the country's mineral wealth.
Of which Households 1 Administration Strategic support and management services to the ministry and the department.
Of which Departmental agencies and accounts 2 Promotion of Mine Safety and Health Ensure the safe mining of minerals under healthy working conditions.
Of which Departmental agencies and accounts - South African Diamond and Precious Metal Regulator: ContributionsRegulate the minerals and mining sector to promote economic development, employment and ensure transformation and environmental compliance.
Of which Departmental agencies and accounts - Council for Geoscience: 4 Mineral Policy and Promotion Develop relevant mineral policies that promote South Africa's mining and minerals industries to attract investment.
Contribution to fixed assets 19 696 33 Aim: Rural Development and Land Reform Create and maintain an equitable and sustainable land dispensation as a catalyst in rural development that ensures rural livelihoods, decent work and continued social and economic advancement for all South Africans.
Of which Households 1 Administration Strategic and logistical support in the form of executive and corporate services. Oversee departmental capital works and provide for a nominal contribution to the Public Sector Education and Training Authority.
Of which Departmental agencies and accounts 2 Geospatial and Cadastral Services Geospatial information, cadastral surveys, and spatial planning as well as technical services in support of sustainable land development.
Initiate, facilitate, coordinate and catalyse the implementation of a comprehensive rural development programme that leads to sustainable and vibrant rural communities.
Of which Households - Employee Social Benefits: Leave gratuities - Restitution Grants: Land claims settlements 4 Restitution Settlement of land restitution claims under the Restitution of Land Rights Act (1994) and provide settlement support to beneficiaries.
Of which Departmental agencies and accounts - KwaZulu-Natal Ingonyama Trust Board: Land management support to communities on communal land - Agricultural Land Holding Account: Land acquisition Households - Land Reform Grants: Land redistribution 5 Land Reform Sustainable land reform programmes in South Africa. 4 191 469 495 572 225 568 3 453 719 6 834 2 750 564 696 300 16 610 34 Aim: Science and Technology Realise the full potential of science and technology in social and economic development, through the development of human resources, research and innovation.
Of which Non-profit institutions 1 Administration Conduct the overall management of the department. Ensure that the organisations funded by the department comply with good corporate governance and their activities are aligned with the strategic focus of the national system of innovation. Monitor and evaluate the performance of the science councils.
Of which Departmental agencies and accounts 2 Research, Development and Innovation Provide policy leadership in long term and cross cutting research and innovation areas in the national system of innovation. Play a key role in developing strategic new areas of focus for research and innovation in South Africa. Create an enabling environment and relevant instruments to support the commercialisation of research and development as well as innovation.
Of which Departmental agencies and accounts Develop and monitor bilateral and multilateral relationships and agreements in science and technology to strengthen the national system of innovation and enable a flow of knowledge, capacity and resources into South Africa and Africa.
Of which Departmental agencies and accounts 4 Human Capital and Knowledge Systems Develop and implement national programmes to produce knowledge and develop human capital and the associated infrastructure and equipment.
Non-profit institutions - Academy of Science of South Africa: Contribution to operations - Centre for High Performance Computing: - Research and development - Contribution to capital investment - Emerging Research Areas: Research and development - Indigenous Knowledge System: Implementation - National Nanotechnology Centres: Research and development - Science and Youth: Research and initiatives to encourage youth science Public corporations - South African National Research Network: Research and development Of which Departmental agencies and accounts - Global Change Science and Technology: Implementation of climate change strategy and ten year plan - Human and Social Development Dynamics: Policy development - Human Sciences Research Council: Contribution to operations - Local Manufacturing Capacity: Research and technical support - Local Systems of Innovation: Cold chain technologies project - Natural Resources and Public Assets: Maintain and grow gene banks - Quality of Life Nuclear Technologies: Development - Research Information Management System: Development - Science and Technology Indicators: Development - South African Research Chairs Initiative: Develop human science - Technology for Poverty Alleviation: Development Public corporations - Advanced Manufacturing Technology Strategy: Implementation - Council for Scientific and Industrial Research: Contribution to operations - Information Communication Technology: Implementation - Technology for Sustainable Livelihoods: Research and development - Resource Based Industries: Research and development 5 Socio Economic Partnerships Form strategic partnerships to contribute to South Africa's transition to a knowledge economy. 1 270 271 32 293 12 424 11 152 1 847 80 123 55 551 18 726 42 400 59 364 104 710 1 225 113 33 581 15 194 206 169 22 545 9 120 61 980 4 938 2 296 8 494 19 414 21 328 49 569 687 169 18 352 25 903 39 061 441 35 Aim: Tourism Promote and support growth and development of an equitable, competitive and sustainable tourism sector, enhancing its contribution to national priorities. 1 242 876 141 895 126 270 968 009 6 702 1 Administration Of which Foreign governments and international organisations 1 Administration Provide strategic leadership, centralised administration and executive support, and corporate services.
Of which * - Expanded Public Works Programme: Labour intensive tourism projects2 Tourism Development Facilitate and support the development of an equitable tourism sector.
Of which Departmental agencies and accounts - South African Tourism: Financial assistance and international3 Tourism Growth Promote growth, competitiveness and quality of the tourism sector.
Provide sector policy development, research, planning, monitoring and evaluation. 4 Policy, Research, Monitoring and Evaluation 26 899 14 590 12 249 60 36 Aim: Trade and Industry Lead and facilitate access to sustainable economic activity and employment for all South Africans through its understanding of the economy, its knowledge of economic opportunities and potential, and its anticipation of future economic trends. The department also aims to catalyse economic transformation and development, and provide a predictable, competitive, equitable and socially responsible environment for investment, enterprise and trade for economic citizens. In this way, the department will contribute to achieving government's vision of an adaptive and restructured economy, characterised by accelerated economic growth, employment creation and greater equity by 2014.
R'000 R'000 R'000 R'000 R'000 R'000 R'000 1 Administration Strategic leadership for the department and its agencies, to ensure the successful implementation of the department's mandate through sustainable and integrated resource solutions and services that are customer centric.
Of which Foreign governments and international organisations - World Trade Organisation: Membership fees - Organisation for the Prohibition of Chemical Weapons: Membership fees Public corporations - Development Bank of Southern Africa: Regional spatial development initiatives - ProTechnik Laboratories: - Contribution to capital equipment - Annual contribution to international agreements 2 International Trade and Economic Development Build an equitable global trading system that facilitates development, by strengthening trade and investment links with key economies and by fostering African development, including through regional and continental integration and development cooperation in line with the New Partnership for Africa's Development.
Of which Departmental agencies and accounts - Small Enterprise Development Agency: Contribution to operations - Small Enterprise Development Agency Technology Programme: Support to start-up technology ventures - National Research Foundation: Technology and human resources for industry programme - National Productivity Institute - Workplace Challenge: Promote productivity in South African companies Non-profit institutions - South African Women Entrepreneurs' Network: Support through networking facilities Public corporations - Industrial Development Corporation: - Isivande Women's Fund - Support programme for industrial innovation 3 Empowerment and Enterprise Development Lead the development of policies and strategies that create an enabling environment for small, medium and micro enterprises, and enhance the competitiveness of local and provincial economies, to achieve inclusive shared equity, growth and job creation. 839 695 48 950 35 893 754 482 413 290 110 000 155 000 8 000 7 700 10 700 49 789 370 4 Industrial Development Of which Departmental agencies and accounts - South African National Accreditation System: Contribution to operations - National Metrology Institute of South Africa: Contribution to operations - National Regulator for Compulsory Specifications: Contribution to operations Foreign governments and international organisations - French Institute of South Africa: African programme on rethinking development economics - United Nations Industrial Development Organisation: Membership fees Private enterprises - National Foundry Technology Network - Metals: Improved competitiveness in the foundry industry - Centurion Aerospace Village: Bulk capital infrastructure and landside development - Intsimbi National Tooling Initiative: Rehabilitation and growth of the tool, die and mould manufacturing industry Public corporations - Industrial Development Corporation: - Clothing and textile production incentive - Customised sector programmes - Council for Scientific and Industrial Research: - Aerospace industry - National cleaner production centre - South African Bureau of Standards: - Upgrading of vehicle testing facility - Research - Infrastructure 4 Industrial Development Design and implement policies, strategies and programmes for the development of manufacturing and related sectors of the economy, contribute to the direct and indirect creation of decent jobs, add value and increase competitiveness in both domestic and export markets.
Of which Departmental agencies and accounts - National Credit Regulator: Contribution to operations - National Gambling Board: Contribution to operations - National Consumer Tribunal: Contribution to operations - Companies and Intellectual Property Commission: Contribution to operations - National Consumer Commission: Contribution to operations - Companies and Intellectual Property Tribunal: Contribution to operations Foreign governments and international organisations - World Intellectual Property Organisation: Membership fees 5 Consumer and Corporate Regulation Develop and implement coherent, predictable and transparent regulatory solutions that facilitate easy access to redress and efficient regulation for economic citizens.
Of which Private enterprises - Black Business Supplier Development Programme: Incentive to support suppliers - Business Process Outsourcing: Incentive for call centres - Cooperatives Incentive Scheme: Business development services - Critical Infrastructure Programme: Contribution to companies for bulk infrastructure provision - Small and Medium Enterprise Development Programme: Incentive to local and foreign investors - Export Market and Investment Assistance: Incentive scheme - Automotive Production and Development Programme: Production allowance - Film and Television Production Incentive: Support for national and international production companies - Enterprise Investment Programme: Incentive to local and foreign owned enterprises for operations Public corporations - Coega Development Corporation: Bulk infrastructure development - East London Industrial Development Zone (Pty) Limited: Bulk infrastructure development - Richards Bay Industrial Development Zone Company: Bulk infrastructure development Stimulate and facilitate the development of sustainable, competitive enterprises through the efficient provision of effective and accessible incentive measures that support national priorities.
Of which Foreign governments and international organisations - Export Consultancy Trust Funds: - International Bank for Reconstruction and Development (World Bank): Feasibility studies - International Finance Corporation: Assistance to South African businesses to build a long term sustainable export strategy for goods and services Non-profit institutions - Proudly South African Campaign: Contribution to operations Public corporations - Export Credit Insurance Corporation: Interest Make-up Scheme Increase export capacity and support direct investment flows through strategies for targeted markets and an effectively managed network of foreign trade offices. 7 Trade and Investment South Africa 306 131 96 310 68 304 140 267 5 875 5 875 7 000 121 517 1 250 8 Communication and Marketing Facilitate greater awareness of the department's role and increase the uptake of its products and services. 77 441 25 486 51 424 531 37 Aim: Lead the provision of an integrated, sustainable, reliable and safe transport system through planning, development, coordination, promotion and the implementation of transport policies, regulations and strategies.
Of which Universities and technikons - Universities of Pretoria, KwaZulu-Natal and Stellenbosch: Support1 Administration Coordinate and render effective, efficient strategic support and administrative services to the minister, director-general and department.
R'000 R'000 R'000 R'000 R'000 R'000 R'000 2 Integrated Transport Planning Manage and facilitate national strategic planning and planning for new projects. Formulate national transport policy and strategy, coordinate international as well as intersphere relations. Provide modelling and analysis of the sector.
Of which Conditional grant to provinces * - Gautrain Rapid Rail Link Departmental agencies and accounts - Railway Safety Regulator: Contribution to operations Public corporations - Passenger Rail Agency of South Africa: - Contribution to operations * - Contribution to capital operations 3 Rail Transport Facilitate and coordinate the development of sustainable rail transport policies, strategies and systems. Oversee rail public entities.
Of which Conditional grant to local government * - Rural Transport Services and Infrastructure Grant Conditional grant to provinces * - Provincial Roads Maintenance Grant Departmental agencies and accounts - Road Traffic Management Corporation: Contribution to operations - South African National Roads Agency: - Contribution to operations * - Contribution to capital operations - Road Traffic Infringement Agency: Contribution to operations 4 Road Transport Regulate road traffic management. Ensure the maintenance and development of an integrated road network, through the development of standards and guidelines and oversight of the road agencies and provincial road expenditure.
Of which Departmental agencies and accounts - South African Civil Aviation Authority: Promotion of aviation safety Foreign governments and international organisations - Afri an Civil Aviati Commission: M bership fees 5 Civil Aviation Facilitate the development of an economically viable air transport industry that is safe, secure, efficient, environmentally friendly and compliant with international standards, through regulation and investigation. Oversee the aviation public entities.
Of which Departmental agencies and accounts - Ports Regulator: Contribution to operations - South African Maritime Safety Authority: - Contribution to operations - Maritime Rescue Coordination Centre Foreign governments and international organisations - International Maritime Organisation: Membership fee - Search and Rescue Satellite Aided Tracking: Membership fee - Indian Ocean Memorandum of Understanding: Membership fee Non-profit institutions - National Sea Rescue Institute: Search and rescue services 6 Maritime Transport Coordinate the development of a safe, reliable and viable maritime transport sector through the development of policies, and through monitoring and oversight of the maritime public entities.
Of which Conditional grant to local government * - Public Transport Infrastructure and Systems Grant Conditional grant to provinces * - Public Transport Operations Grant Households - Taxi Recapitalisation: Payment to taxi owners for scrapping their old taxis Non-profit institutions - South African National Taxi Council: Contribution to operations 7 Public Transport Develop norms and standards and regulations and legislation to guide the development of public transport for rural and urban passengers. Regulate interprovincial public transport and tourism services. Monitor and evaluate the implementation of the public transport strategy and the National Land Transport Act (2009). 9 585 557 26 009 115 673 9 443 723 4 803 347 4 153 232 471 468 15 676 152 38 Aim: Water Affairs Ensure the availability and supply of water at national level, facilitate equitable and sustainable social and economic development, and ensure the universal and efficient supply of water services at local level.
Of which Departmental agencies and accounts - Energy Sector Education and Training Authority: Contribution to operations Households - Employee Social Benefits: Leave gratuities - Bursaries for Non-employees: Water and Forestry Learning Academy 1 Administration Provide policy leadership, advice and core support services, including finance, human resources, legal, information and management services, communication and corporate planning.
Of which * - Acid Mine Drainage Departmental agencies and accounts - Bushbuckridge Water Board: Refurbishment - Catchment Management Agencies: Seed funding - Breede Overberg Catchment Management Agency: Contribution to operations - Inkomati Catchment Management Agency: Contribution to operations Households - Financial Assistance to Small Scale Farmers: Subsidies for water security Of which Departmental agencies and accounts - Water Trading Entity: * - Infrastructure development and rehabilitation * - Contribution to operations and maintenance Foreign governments and international organisations - Komati River Basin Water Authority: Loan payment to the Development Bank of Southern Afri 2 Water Sector Management Ensure that the country's water resources are protected, used, developed, conserved, managed and controlled in a sustainable manner for the benefit of all people and the environment, through effective policies, integrated planning, strategies, development of a knowledge base and procedures. 3 Water Infrastructure Management Ensure a reliable supply of water from bulk raw water resources infrastructure, within acceptable risk parameters, to meet sustainable demand objectives for South Africa. Solicit and source funding to implement, operate and maintain bulk raw water resources infrastructure in an efficient and effective manner by strategically managing risks and assets.
Of which * - Regional Bulk Infrastructure: Coordinate the effective implementation of the department's strategic goals and objectives at regional level, including the establishment of water resource management institutions. Facilitate water conservation and demand management. Accelerate communities' access to water infrastructure.
Of which * - Regulation Branch: Expansion of the compliance and enforcement function * - Regulatory and Pricing Strategy: Review of existing pricing strategy Of which Foreign governments and international organisations - Orange-Senqu River Basin Commission: Contribution to operations - African Ministers' Council on Water: Membership fees 6 International Water Cooperation Strategically develop, promote and manage international relations on water resources between countries through bilateral, polylateral and multilateral cooperation instruments and organisations. Further drive national interests at both Africa multilateral and global multilateral organisations and fora. 5 Water Sector Regulation Ensure the development, implementation, monitoring and review of regulations across the water value chain in accordance with the provisions of the National Water Act (1998) and the Water Services Act (1997).
<fn>GOV-ZA.3558761En.2012-02-10.en.txt</fn>
Speaker and Chairperson 2447 2.
Minister of Finance 2447 3.
Further Education and Training Colleges Amendment Bill, 2011, submitted by the Minister of Higher Education and Training.
Higher Education Laws Amendment Bill, 2011, submitted by the Minister of Higher Education and Training.
Skills Development Amendment Bill, 2011, submitted by the Minister of Higher Education and Training.
Further Education and Training Colleges Amendment Bill [B 13 - 2011] (National Assembly - proposed sec 76) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 34435 of 6 July 2011.
Higher Education Laws Amendment Bill [B 14 - 2011] (National Assembly - proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 34435 of 6 July 2011.
Report and Financial Statements of the Electoral Commission (IEC) on the Public Funding of Represented Political Parties Fund for 2009-2010, including the Report of the Auditor-General on the Financial Statements for 2009-2010 [RP 2282010].
Proposed amendments to the regulations pertaining to binder agreements, tabled in terms of section 72(2B) of the Long-Term Insurance Act, 1998 (Act No 52 of 1998) and section 70(2B) of the Short-Term Insurance Act, 1998 (Act No 53 of 1998).
Combined Annual Report of the Supervisors of the Co-operative Banks Development Agency and the South African Reserve Bank for 2010-2011.
Report and Financial Statements of Eskom Holdings Limited for 2010-2011, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 20102011.
Report and Financial Statements of Transnet Ltd and the Group for 2010-2011, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 20102011.
The President of the Republic submitted the following letter dated 19 July 2011 to the Speaker: National Assembly, informing Members of the Assembly of the extension of the employment of the South African National Defence Force for a service in fulfilment of the international obligations of the Republic of South Africa towards the Democratic Republic of Congo.
This employment was authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996.
Members of the SANDF were employed to assist the DRC Defence Force with capacity building. The employment of these members expired on 31 March 2011.
The SANDF's mission in the DRC is not yet completed. The employment of 11 SANDF members is now extended from 01 April 2011 until 31 March 2012.
I will communicate this report to members of the National Council of Provinces and the Joint Standing Committee on Defence, and wish to request that you bring the contents hereof to the attention of the National Assembly.
The President of the Republic submitted the following letter dated 19 July 2011 to the Speaker: National Assembly, informing Members of the Assembly of the extension of the employment of the South African National Defence Force for a service in fulfilment of the international obligations of the Republic of South Africa towards the Central African Republic.
This serves to inform the National Assembly that I have extended the employment of One hundred (100) South African National Defence Force (SANDF) personnel to the Central African Republic (CAR), for a service in fulfilment of the international obligations of the Republic of South Africa towards the Central African Republic (CAR) to assist with capacity building of the CAR Defence Force.
Members of the SANDF were employed to assist the CAR with capacity building of the CAR Defence Force. The employment of these members expired on 31 March 2011.
The SANDF's mission in the CAR is not yet completed. The employment of 100 SANDF members is now extended from 01 April 2011 until 31 March 2012.
The President of the Republic submitted the following letter dated 20 July 2011 to the Speaker: National Assembly, informing Members of the Assembly of the extension of the employment of the South African National Defence Force for a service in fulfilment of the international obligations of the Republic of South Africa towards the Democratic Republic of Congo, to train the DRC Armed Forces.
This serves to inform the National Assembly that I have extended the employment of Twelve (12) South African National Defence Force (SANDF) personnel to the Democratic Republic of Congo (DRC), for a service in fulfilment of the international obligations of the Republic of South Africa towards Democratic Republic of Congo (DRC), to train the DRC Armed Forces Rapid Reaction Force.
Members of the SANDF were employed to train the DRC Armed Forces. The employment of these members expired on 31 March 2011.
The SANDF's mission in the DRC is not yet completed. The employment of 12 SANDF members is now extended from 01 April 2011 until 31 March 2012.
The President of the Republic submitted the following letter dated 20 July 2011 to the Speaker: National Assembly, informing Members of the Assembly of the employment of the South African National Defence Force for a service in fulfilment of the international obligations of the Republic of South Africa towards the Southern African Development Community (SADC) maritime security.
This serves to inform the National Assembly that I have employment Three Hundred and Seventy Seven (377) members of the South African National Defence Force (SANDF) personnel to the Mozambique coast, for a service in fulfilment of the international obligations of the Republic of South Africa towards the Southern African Development Community (SADC) maritime security, in order to minimise the treat of piracy and other illegal maritime activities.
This employment is authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996, read with section 93 of the Defence Act, 2002 (Act no. 42 of 2002).
This deployment is for the period 01 April 2011 until 31 March 2012.
Reply from the Minister of Justice and Constitutional Development to recommendations in the First Report of Committee on Public Accounts on Report of Auditor-General on 2009-10 financial statements of Department of Justice and Constitutional Development, as adopted by the House on 24 March 2011.
Referred to the Committee on Public Accounts.
Public Protector Report No 8 of 2011-12 on an investigation into the alleged improper soliciting of businesses for donations to the African National Congress by Mr C Taute, executive mayor of the Hessequa Municipality.
Public Protector Report on an investigation into complaints and allegations of maladministration, improper and unlawful conduct by the Department of Public Works and the South African Police Service relating to the leasing of office accommodation in Durban.
Notice of extension of interventions issued in terms of section 139(1)(b) of the Constitution, 1996, to Indaka Okhahlamba and Msunduzi Local Municipalities, KwaZulu-Natal.
Referred to the Select Committee on Cooperative Governance and Traditional Affairs for consideration and report.
<fn>GOV-ZA.3560391En.2012-02-10.en.txt</fn>
Whether a certain person (name furnished) has been linked to a R137 million lease deal for a building in Pretoria which is double the size required by the Government to house the police department's Independent Complaints Directorate; if not, what is the position in this regard; if so, what are the relevant details CW316?
whether he will make a statement on the matter regarding the way forward; if not, why not; if so, what are the relevant details CW327?
Whether the National Treasury will provide details regarding the reasons for provincial departments spending only 84% of their budget in the 2010-11 financial year, a decrease of 3.
whether South Africa needs mega projects in agriculture to attain this feat; if not, how does her department intend to achieve such target; if so, what are the relevant details CW329?
Friday, 29 July 2011 144 267.
Whether, in light of the Transparency International's Corruption Perceptions Index (CPI) indicating that South Africa's ranking shifted from 43rd in 2007 to 55th in 2009, the regard; if so, what are the relevant details CW330?
Whether he will furnish details relating to the killings of 201 police officers that has been still pending and (ii) of the pending cases are older than three years, (b) what are the challenges experienced with cases that are pending, (c) how does his department intend to place to ensure (i) a rapid reduction of this number and (ii) police safety in the future?
(name furnished) in Gauteng; if not, why not; if so, (a) what were the findings, (b) what steps have been taken against perpetrators and (c) what are the further relevant details?
In view of the fact that the indices for administered regulated prices tend to generally increase much faster than those for market related prices, (a) what is the situation in the South African context, (b) what informs this tendency and (c) what impact does regard; if not, why not; if so, what steps CW334?
Mr M W Makhubela (COPE-Limpopo) (p 5)-Rural Development and Land Reform.
Mr M W Makhubela (COPE-Limpopo) (p 6)-Rural Development and Land Reform.
Mr D B Feldman (COPE-Gauteng) (p 90)-Defence and Military Veterans.
Mr D A Worth (DA-FS) (p 91)-Agriculture, Forestry and Fisheries.
Mr M J R de Villiers (DA-WC) (p 111)-Basic Education.
FRIDAY, 17 JUNE 2011 244. Mr K A Sinclair (COPE-NC) (p 129)-Public Enterprises.
<fn>GOV-ZA.3560721En.2012-02-10.en.txt</fn>
FRIDAY, 29 JULY 2011 1821.
With reference to his reply to question 3143 on 17 December 2010, what is the minimum equipment requirement for (a) ambulances and (b) other emergency vehicles as specified by the Board of Health Care Funders (BHF) NW1993?
With reference to his reply to question 3143 on 17 December 2010, how many ambulance operators were registered with the Health Professions Council of SA (HPCSA) (a) in the (i) 2009-10 and (ii) 2010-11 financial years and (b) during the period 1 April 2011 up to the latest specified date for which information is available NW1994?
what is the (a) actual and (b) optimal number of (i) social workers, (ii) auxiliary social workers, (iii) home-based carers and (iv) any other relevant profession at each of these centres NW2048?
Friday, 29 July 2011 782 1824.
whether his department has taken any disciplinary action against any official or employee following the said report; if not, why not; if so, (a) what action and (b) against whom NW2059?
what is the (a) detailed breakdown for this period of each of these appointments in each of the municipalities and (b) qualifications of each candidate appointed NW2063?
whether he intends scrapping toll fees for commuter taxis; if not, why not; if so, what are the relevant details NW2064?
Friday, 29 July 2011 784 1833.
whether she intends taking any steps in this regard at the forthcoming meeting of the United Nations General Assembly to raise the issue of a United Nations Parliamentary Assembly; if not, why not; if so, what are the relevant details NW2069?
what percentage of Eskom's budget (a) in the (i) 2009-10 and (ii) 2010-11 financial years and (b) during the period 1 April 2011 up to the latest specified date for which information is available was spent on the (aa) salaries and (bb) bonuses of its (aaa) board members and (bbb) senior management NW2077?
whether these lights are going to remain switched on permanently; if not, what steps does he intend taking to prevent streetlights from remaining switched on during the day; if so, why NW2078?
How many (a) African, (b) Coloured, (c) Indian and (d) White employees are there in each of the public institutions that report to him in terms of Schedules 1 to 3D of the Public Finance Management Act, Act 1 of 1999 NW2079?
whether he will make a statement on the matter NW2082?
What (i) is the name of each entity that is required to pay levies to the Compensation Commissioner for Occupational Diseases (CCOD) and (ii) amount in levies is each entity required to pay, (b) how often are these levies required to be paid and (c) in which province is each of the specified entities situated NW2083?
when is it envisaged that this backlog will be eradicated NW2085?
Whether his department has been approached by any (a) nongovernmental organisations (NGOs) or (b) nonprofit organisations (NPOs) regarding the cut in their funding to provide ARVs to patients; if so, (i) which organisations, (ii) how many patients receive ARVs from each specified organisation and (iii) what contingency measures have been put in place in each case NW2086?
Whether the final epidemiological report of the investigation into the death of babies at the Cecilia Makiwane Hospital has been finalised; if not, why not; if so, (a) when was it completed, (b) when will the report be released to the public, (c) what are the names of the persons who conducted the investigation and (d) what are the findings of the report NW2088?
whether any studies have been conducted with regard to what it would cost the State if all beneficiaries who are currently on private medical aids were to start using public health facilities; if not, when will such a study be conducted; if so, what were the findings NW2089?
whether the Ekurhuleni Metropolitan Municipality has responded to each of the section 19(3) notices that have been issued to them after 17 February 2010; if not, to which section 19(3) notices have they not responded and (b) what action has been taken against the metro in each case; if so, what was their response in each case NW2090?
What is the status of the police investigation into (i) a certain person (name furnished) and (ii) the Special Investigating Unit (SIU) as reported in the Cape Times on 11 July 2011, (b) when were the cases opened, (c) who was the complainant, (d) what is the case number, (e) at which police station was it registered, (f) what are the charges in each case and (g) when does he anticipate that the investigation will be finalised NW2101?
whether the SA Table Tennis Board adhered to all the prerequisites to be considered for financial support from the National Lotteries Board in the (a) 2006-07, (b) 200708, (c) 2008-09, (d) 2009-10 and (e) 2010-11 financial years, namely (i) to provide (aa) audited financial statements for two years, (bb) the constitution of the board, (cc) a business plan and (dd) costed budget and (ii) that the application should be endorsed by a provincial or national body; if not, why did the SA Table Tennis Board qualify for financial support in each case NW2103?
What were the (a) main issues focused on, (b) successes and (c) main challenges and weaknesses of the Public Service week 2011 recently held between 20 and 27 June 2011 NW2105?
What was the breakdown of the total cost to company for each executive director employed at Eskom in the (a) 2007-08, (b) 2008-09, (c) 2009-10 and (d) 2010-11 financial years NW2106?
Whether she intends lifting the means test applicable to parents with disabled children under the age of 18 years in order to allow these children to qualify for a care dependency grant; if not, why not; if so, what are the relevant details NW2108?
whether she has found that these mobile truck units have contributed towards the success of the Integrated Community Registration Outreach programme; if not, why not; if so, what are the relevant details NW2109?
Whether South Africa submitted its national reports to the Division for the Advancement of Women at least every four years as required under article 18 of the Convention of the Elimination of all Forms of Discrimination Against Women; if not, (a) why not and (b) when was the last national report submitted; if so, what are the relevant details NW2120?
whether any steps have been taken to support institutions of higher education that have been negatively affected by these strike actions; if not, why not; if so, what steps NW2121?
Whether the Government intends to extradite former Rwandan army chief Faustin Kayumba Nyamwasa to Rwanda to serve the 24-year prison term that a Rwandan court imposed on him in absentia for desertion, defamation and threatening state security; if not, why not; if so, what are the relevant details NW2125?
Friday, 29 July 2011 796 1889.
Whether the SA Development Community (SADC) Ministerial Troika has removed Zimbabwe from the agenda; if not, what is the position in this regard; if so, (a) why and (b) when will the situation be reviewed NW2127?
What (a) are the reasons why pay-as-you-earn (PAYE), Unemployment Insurance Fund (UIF) and value-added tax (VAT) returns can no longer be processed by using various printed forms and only e-filing will be accepted from July 2011 and (b) study has been conducted to determine the impact this change will have on small businesses that do not have access to internet or e-mail NW2128?
what is the (a) actual and (b) optimal number of (i) social workers, (ii) auxiliary social workers, (iii) home-based carers and (iv) any other relevant profession at each of these centres NW2129?
Whether she has employed ministerial special advisors; if so, (a) what are the duties of each advisor, (b) at which post level was each appointment made, (c) what is the salary level of each advisor, (d) what is the duration of the employment contract entered into with each specified advisor and (e) why was it necessary to appoint each advisor NW2133?
Whether he has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2134?
Whether she has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2137?
Whether he has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2138?
Whether she has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2140?
Whether she has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2143?
Whether he has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2144?
Whether she has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2145?
Whether she has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2147?
Whether she has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2150?
Whether he has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2151?
Whether he has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2152?
Whether she has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2154?
Whether he has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2160?
Whether she has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor NW2163?
Whether he has employed ministerial special advisors within the Presidency; if so, (a) what are the duties of each advisor, (b) at which post level was each appointment made, (c) what is the salary level of each advisor, (d) what is the duration of the employment contract entered into with each specified advisor and (e) why was it necessary to appoint each advisor NW2164?
Friday, 29 July 2011 802 1927.
Whether her department brought a court application regarding the validity of the SA Police Service lease of the Sanlam Middestad building which was the subject of the Public Protector's report released on 22 February 2011; if not, what is the position in this regard; if so, (a) when was the application brought, (b) at what stage is the proceedings currently, (c) at which court was the application brought, (d) what is the case number of the application and (e) when is the matter scheduled to be heard NW2165?
How many (i) international flights and (ii) domestic flights were undertaken by (aa) her and (bb) her deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did she and her deputy minister travel in each case and (c) what amount did her department spend with regard to each specified flight NW2167?
How many (i) international flights and (ii) domestic flights were undertaken by (aa) her and (bb) her deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did she and her deputy minister travel in each case and (c) what amount did her department spend with regard to each specified flight NW2171?
How many (i) international flights and (ii) domestic flights were undertaken by (aa) her and (bb) her deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did she and her deputy minister travel in each case and (c) what amount did her department spend with regard to each specified flight NW2174?
Friday, 29 July 2011 804 1937.
How many (i) international flights and (ii) domestic flights were undertaken by (aa) her and (bb) her deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did she and her deputy minister travel in each case and (c) what amount did her department spend with regard to each specified flight NW2175?
How many (i) international flights and (ii) domestic flights were undertaken by (aa) her and (bb) her deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did she and her deputy minister travel in each case and (c) what amount did her department spend with regard to each specified flight NW2177?
How many (i) international flights and (ii) domestic flights were undertaken by (aa) her and (bb) her deputy ministers using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did she and her deputy ministers travel in each case and (c) what amount did her department spend with regard to each specified flight NW2181?
How many (i) international flights and (ii) domestic flights were undertaken by (aa) her and (bb) her deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did she and her deputy minister travel in each case and (c) what amount did her department spend with regard to each specified flight NW2184?
How many (i) international flights and (ii) domestic flights were undertaken by (aa) him and (bb) his deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did he and his deputy minister travel in each case and (c) what amount did his department spend with regard to each specified flight NW2185?
How many (i) international flights and (ii) domestic flights were undertaken by (aa) him and (bb) his deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did he and his deputy minister travel in each case and (c) what amount did his department spend with regard to each specified flight NW2187?
How many (i) international flights and (ii) domestic flights were undertaken by (aa) her and (bb) her deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did she and her deputy minister travel in each case and (c) what amount did her department spend with regard to each specified flight NW2191?
How many (i) international flights and (ii) domestic flights were undertaken by (aa) him and (bb) his deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did he and his deputy minister travel in each case and (c) what amount did his department spend with regard to each specified flight NW2192?
How many (i) international flights and (ii) domestic flights were undertaken by (aa) him and (bb) his deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did he and his deputy minister travel in each case and (c) what amount did his department spend with regard to each specified flight NW2194?
Friday, 29 July 2011 808 1957.
How many (i) international flights and (ii) domestic flights were undertaken by (aa) him and (bb) his deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did he and his deputy minister travel in each case and (c) what amount did his department spend with regard to each specified flight NW2195?
How many (i) international flights and (ii) domestic flights were undertaken by (aa) him and (bb) his deputy ministers using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did he and his deputy ministers travel in each case and (c) what amount did his department spend with regard to each specified flight NW2196?
How many (i) international flights and (ii) domestic flights were undertaken by her using (aa) military aircraft, (bb) chartered aircraft or (cc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did she travel and (c) what amount did her department spend with regard to each specified flight NW2197?
whether he intends introducing a cooling-off period particularly for senior management that would apply between the period of leaving the employ of the public service and joining private sector entities with which they had direct work relations; if so, (a) when and (b) what will the nature of these restrictions be NW2199?
Whether any former employees of her department are currently involved in any capacity in private entities that her department has granted (a) prospecting or (b) mining rights to in each of the last three financial years; if so, (i) what are the names of such officials, (ii) what position did each occupy in her department, (iii) what are the names of the private entities in which they are involved and (iv) what position does each former official currently hold in such entity NW2200?
whether the Department of Environmental Affairs will reconsider its decision to cease funding Safring; if not, why not; if so, what are the relevant details NW2206?
whether stakeholders and the public had been consulted in the process; if not, why not; if so, when was the process finalised NW2218?
How many (a) African, (b) Coloured, (c) Indian and (d) White employees are there in each of the public institutions that report to her in terms of Schedules 1 to 3D of the Public Finance Management Act, Act 1 of 1999 NW2219?
Ms W Ngwenya (ANC) (p 5)-Correctional Services.
â403. Mr D A Kganare (Cope) (p 91)-Health.
â444. Mr N J van den Berg (DA) (p 108)-Communications.
â464. Mrs A T Lovemore (DA) (p 112)-Home Affairs.
â565. Mrs J D Kilian (Cope) (p 133)-Communications.
â620. Mr T W Coetzee (DA) (p 161)-Transport.
â692. Mrs D Robinson (DA) (p 460)-Social Development.
â881. Mr L W Greyling (ID) (p 243)-Energy.
â884. Mr M J Ellis (DA) (p 243)-Minister in the Presidency.
â929. Dr A Lotriet (DA) (p 289)-Arts and Culture.
â1068. Mr D A Kganare (Cope) (p 346)-Health.
â1198. Mr D C Ross (DA) (p 430)-Transport.
â1263. Ms E More (DA) (p 445)-Health.
â1421. Mr M H Hoosen (ID) (p 563)-Basic Education.
â1443. Mrs A T Lovemore (DA) (p 567)-Home Affairs.
â1484. Mr S C Motau (DA) (p 575)-Minister in the Presidency.
â1518. Mrs A T Lovemore (DA) (p 605)-Home Affairs.
â1525. Ms E More (DA) (p 606)-Health.
â1534. Mrs A T Lovemore (DA) (p 609)-Home Affairs.
â1591. Dr S M van Dyk (DA) (p 655)-Transport.
and Evaluation as well as Administration in the Presidency â1668. Mrs S P Kopane (DA) (p 696)-Social Development.
â1670. Mr M Waters (DA) (p 696)-Health.
â1679. Mr M H Steele (DA) (p 698)-Social Development.
â1680. Mr M H Steele (DA) (p 698)-Social Development.
â1692. Mrs D A Schäfer (DA) (p 701)-Water and Environmental Affairs.
â1709. Mr D J Stubbe (DA) (p 704)-Mineral Resources.
â1718. Mr N J van den Berg (DA) (p 706)-State Security.
â1720. Mr G G Boinamo (DA) (p 707)-Transport.
â1724. Dr J C Kloppers-Lourens (DA) (p 707)-Higher Education and Training.
â1740. Mrs J D Kilian (Cope) (p 711)-Communications.
â1796. Mr M Mnqasela (DA) (p 748)-Home Affairs.
<fn>GOV-ZA.3572En.2012-02-10.en.txt</fn>
The executive arm of the Provincial Government is headed up by the Provincial Cabinet. Cabinet consists of selected members of parliament, appointed by the Premier. Each Cabinet Minister has a portfolio and is responsible for overseeing the work of their respective Department(s).
Implementing provincial legislation.
Implementing appropriate national legislation.
Coordinating the functions of the Provincial Government and its Departments.
Preparing and initiating provincial legislation.
Policies and practices that strengthen the Constitution.
Create the conditions for sustainable economic and employment growth.
Alleviate poverty by providing a welfare safety net for those unable to provide for themselves.
Ensure the safety of every person.
Capital and skills.
Deliver clean, efficient, cost-effective, transparent and responsive public administration.
Truth, Accountability, Personal responsibility, Excellence, Choice, Fitness for purpose.
Increase economic empowerment for all the people of the Western Cape.
Reduce poverty through promoting opportunities for all.
Promote Rural Development.
Efficient and effective infrastructure.
Sustainable human settlements.
Improve individual and household capacity to respond to opportunity.
Improve efficiency and effectiveness in health, education, well-being and safety.
Sustainable resource use through greater spatial integration.
Effective public and non-motorised transport.
Responsive and effective governance.
<fn>GOV-ZA.3588En.2012-02-10.en.txt</fn>
Information for women over 30 on what pap smears are, and when and why they should be done.
What is a Pap Smear?
A pap smear is a simple, quick vaginal examination to check if the cervix (the mouth of the womb) is healthy.
A special instrument called a speculum is used to hold the vagina open so that the doctor or nurse can see the cervix.
Some cells are gently wiped off the cervix and sent to a laboratory for testing.
The results of this test will be sent to your clinic so remember to go back for your results.
Why Should I Go for a Pap Smear?
A pap smear detects abnormal cells that may later become Cancer of the Cervix.
What is Cancer of the Cervix?
Cancer of the Cervix is one of the most common forms of cancer against women.
Cancer of the Cervix if detected early can be treated and cured.
All women are at risk of developing cancer of the cervix.
The risk of developing Cancer of the Cervix increases as you get older.
o you are not sexually active o you are menopausal or have experienced menopause o you no longer plan to have children o you are sterilized o you show no signs or symptoms.
When Should I Go for a Pap Smear?
You should have a pap smear at least every ten years, starting in your thirties.
You should have three FREE pap smears, one in your thirties, one in your forties and one in your fifties.
These FREE pap smears are available at your nearest clinic or health center.
to three free pap smears in your lifetime, one every ten years, starting in your thirties.
to be treated with dignity, respect and privacy when going for your pap smear.
to ask your health provider to explain the procedure to you.
You must take responsibility for your own health.
You must go back for the results of your pap smear.
You must go for any follow up treatment if advised to do so.
You must give the correct contact details to the health service providers so that they can you if you need further treatment.
Information taken from a pamphlet produced as part of the Cervical Health Implementation Programme (CHIP).
<fn>GOV-ZA.3595En.2012-02-10.en.txt</fn>
Training programme for volunteers in the community who want to become treatment supporters of people who have Tuberculosis.
Modules 1 to 3 (File type: pdf; size: 1.
Modules 4 & 5 (File type: pdf; size: 1.
<fn>GOV-ZA.35En.2012-02-10.en.txt</fn>
Locally Recruited Personnel (LRP) may use the South African flag only. South African Missions Abroad - Business cards: Coat of Arms to be used by transferred officials only.
Note: The Coat of Arms may not be used for private purposes.
The national Coat of Arms should not be overlapped by or blended with other visual objects, unless this is done for security purposes on items such as the South African passport.
No borders may be drawn around the national Coat of Arms, or changes made to the thickness of lines.
The national Coat of Arms should be displayed in whole, not in part, sections or detail as this may distort its intended symbolism. Exception to this rule is accorded to those government institutions, such as the SANDF that may have to extract certain elements to design military insignia as part of its branding strategy.
The composition area of the national Coat of Arms may not be interfered with, defaced or creatively adapted in any form.
The national Coat of Arms may not be used as a drop shadow, slanted or skewed.
No changes may be made to the font type.
Copying from inferior reproductions is discouraged to avoid poor quality images that may compromise the integrity of the national Coat of Arms.
No rotation or skewing may be made to the national Coat of Arms.
<fn>GOV-ZA.365En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.366En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.367budget20112012En.2012-02-10.en.txt</fn>
* Gov.
A. The audited actual for 2007/08 as per audited figures.
B. The audited actual for 2008/09 as per audited figures.
Other -PMU.
C. The audited actual for 2010/11 as per audited figures.
Total Government Grants & Subsidies Other Capital expenditure sources Public Contributions & Donations Accumulated Surplus (Own Funds) External Loans 117 790 918 0 0 0 0 11 447 124 0 0 0 0 87 270 670 0 0 1 622 473 0 166 991 496 0 0 0 0 150 775 496 0 0 10121987 0 150 775 496 0 0 10 121 987 0 150 775 496 0 0 10121987 0 53 500 368 97076315.79 184 999 632 53500368.
Results: 1 to 7 of 7 (104365 searched in 0.44.
The Cabinet held its regular fortnightly meeting this morning in Tuynhuys, Cape Town. The Cabinet was informed that the Commission of Enquiry into the Recent Violence and Occurrences at the East Driefontein, Leeudoorn and Northern Mines had tabled its Report to the President and approved that the Report be published and tabled in Parliament.
URL: http://www.info.gov.za/speeches/1996/11070x58396.
The Cabinet met in Tuynhuys this morning, considering in the main reports from the Cabinet Committees. The Cabinet approved that an amount of R25 million from the RDP-Fund be allocated to the National Urban Reconstruction and Housing Agency (NURCHA). The Cabinet also approved that the Department of Arts, Culture, Science and Technology become the new controlling authority.
The Cabinet held a meeting in the Union Buildings, Pretoria, this morning, in the main considering legislation to be submitted to the Parliament when it reconvenes after the winter recess. A number of Bills were approved by the Cabinet. The Cabinet approved the establishment of an Advisory Committee to investigate, and advise the Cabinet on the formation of a National Development Agency.
URL: http://www.info.gov.za/speeches/1996/960704_0x557.
The Cabinet held its regular fortnightly meeting in Tuynhuys today, considering the main reports from the three Cabinet Committees. A number of Bills were submitted to the Cabinet, seeking its approval for submission of the Bills to Parliament. Criminal Law Amendment Bill Note: The National Party requested that the Cabinet note that it favoured the re-imposition of the death sentence.
0.7966 1996/05/22 the appointment of a team by the Minister of Labour to draft an Employment Equity Bill and concurred with the names proposed by the Minister.
URL: http://www.info.gov.za/speeches/1996/960524_0w801.
STATEMENT - SPECIAL CABINET MEETING TO BE HELD IN CAPE TOWN, 2 May 1996 A special Cabinet meeting will be held in Cape Town on Monday, 6 May 1996 at 14H00 to discuss the task group report relating to the local government elections in KwaZulu-Natal. The meeting will include deputy ministers and representatives of political parties.
Meetings of the Cabinet Committees resumed last week while various working committees of Ministers had been meeting throughout the recess period. The Cabinet approved certain amendments to the Articles of Association of Transnet Ltd in terms of a transformation strategy for improved corporate governance of public assets under the Ministry for Public Enterprises.
URL: http://www.info.gov.za/speeches/1996/j250x321.
Results: 1 to 20 of 62 (104467 searched in 0.302.
>On Monday, 18 July, Premier Helen Zille and the rest of the Western Cape Provincial Cabinet will celebrate Mandela Day by spending 67 minutes cleaning wards at the Red Cross Children's Hospital. >Once they have finished cleaning wards, the Premier and MECs will interact with the young patients and hospital staff. >All media are invited to attend this event. There will be opportunities for photos and interviews.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20015&tid=37408 Size: 1KB Collection: speeches_cm?
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20011&tid=37426 Size: 1KB Speaker: N Mekgwe Collection: speeches_cm?
On 18 July 2011 the world celebrates international Nelson Mandela Day and the Gauteng Department of Education (GDE) invites the public to donate their time over this weekend to the cleaning of schools in the province.
>In celebration of the Nelson Mandela International Day and in the true spirit of building a caring society, the Minister of Social Development, Ms Bathabile Dlamini will spend her time with vulnerable children at the Bophelong Drop-in-Centre (Father Smangaliso Mkhatshwa complex) in Soshanguve, Tshwane.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20029&tid=37468 Size: 2KB Collection: speeches_cm?
The SANDF members have been hard at work converting Stwayi School into a community hall. On this day, the community dream of having a hall will be realised.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20034&tid=37475 Size: 1KB Collection: speeches_cm?
Answering the call of the former President of the Republic of South Africa, Dr Nelson Rholihlahla Mandela probationers and parolees will join the Department of Correctional Services officials at Mamelodi Hospital and Mmalerato Care Centre as part of making a meaningful contribution to a call to spend 67 minutes of the time to assist those that are less fortunate and privileged in our communities.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20037&tid=37479 Size: 2KB Collection: speeches_cm?
The Minister of Agriculture, Forestry and Fisheries Ms Tina Joemat-Pettersson invites members of the media to the official opening of Matsila Community Farms in Ha-Matsila, Limpopo on 17 July 2011.
The opening of these farms will form part of the build-up to the main celebration of Nelson Mandela Day which will be held in Giyani on 18 July 2011. These eggs will be donated to orphans, children with disabilities and deserving families in the community.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20032&tid=37464 Size: 955 bytes Collection: speeches_cm?
When Nelson Mandela celebrated his 91st Birthday on 18 July 2009, the day also marked the inaugural Mandela Day. On this day, members of the public are encouraged to be involved in public service by doing something good for at least 67 minutes in honour of more than 67 years that Nelson Mandela dedicated to the public service fighting for social justice.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20043&tid=37489 Size: 1KB Collection: speeches_cm?
Deputy Minister of Water and Environmental Affairs, Rejoice Mabudafhasi will on Monday and Tuesday, 11 and 12 July 2011 join in the country s celebrations of Nelson Mandela Week by launching greening projects worth R190.6 million in the Greater Giyani Municipality in Limpopo province. These projects led by the department in the province are valued at R190.6 million and have created 1 032 job opportunities.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=19850&tid=36947 Size: 1KB Collection: speeches_cm?
Former President Nelson Mandela will have a gift of a different kind to mark his 93rd birthday with the inaugural annual Nelson Mandela Children s Parliament to be hosted at the Gauteng Provincial Legislature on Friday, 15 July as part of the Mandela Day activities.
Children have always occupied a special place in Mandela s heart.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=19930&tid=37159 Size: 4KB Collection: speeches_cm?
Results: 1 to 20 of 51 (104318 searched in 0.366.
This Decade of Action for Road Safety is a global declaration of war against road crashes and fatalities.
This comprises road safety management, road infrastructure, vehicle safety, road user behaviour, road safety education and post-crash response.
Unless we act now, we can predict that road crashes, which have already killed tens of thousands of people, will become the leading cause of premature deaths and disabilities for children and young people.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20074&tid=37582 Size: 14KB Speaker: S Ndebele Collection: speeches_cm?
As part of this year's Nelson Mandela day celebrations tomorrow (18 July), media are cordially invited to join Minister Ndebele, the Federale International Automobile (FIA) Foundation, the Nelson Mandela Foundation and the Mpumalanga Provincial Government for the awarding of the Zenani Mandela Road Safety scholarship.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20059&tid=37499 Size: 1017 bytes Collection: speeches_cm?
The Electoral Commission (IEC) presented the children and teaching staff of Matseke Primary School in Atteridgeville this morning with a cleaned and newly painted school when they arrived for the third semester.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20084&tid=37601 Size: 16KB Collection: speeches_cm?
These money experts have chosen to give their time to education, which Tata Mandela says, is the most powerful weapon which we can use to change the world. If government does not save, it will not have enough money to build roads, new schools, hospitals, or enough money to pay your teachers. If you really want that expensive jean, start saving and raising money your own money, e.g. by selling popcorn.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20078&tid=37600 Size: 8KB Speaker: I Cronje Collection: speeches_cm?
The Teaching Children to Save South Africa (TCTS SA") programme kicked-off in KwaZulu-Natal with professionals from the banking industry and financial sector volunteering as teachers for-67 minutes to impart savings lessons to young learners. Educating the nation s youth about solid savings principles and practices is an important step in that direction a move that the Teach Children to Save South Africa" programme has been championing for four years now.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20076&tid=37581 Size: 5KB Speaker: I Cronje Collection: speeches_cm?
It s all systems go for the country s largest choir, comprising over 12 million school children and millions of ordinary South Africans, as they join in singing Happy Birthday Tata, a song specially written for Madiba for his 93rd birthday on Monday, 18 July 2011. LET S ALL SING FOR MADIBA!
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20065&tid=37557 Size: 2KB Collection: speeches_cm?
Mortality from tuberculosis (TB) increases considerably in people who do not have a good nutritional base. Dr Sibongiseni Dhlomo MEC for Health in KwaZulu-Natal said as he observed the Nelson Mandela International Day at Charles James TB Hospital in the south of Durban.
The MEC is spending his 67 minutes to observe the Nelson Mandela international Day Mandela Day was inaugurated in 2009 on Nelson Mandela s birthday 18 July.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20066&tid=37545 Size: 2KB Collection: speeches_cm?
Hundred unemployed youth are set to benefit from this programme, as they will be offered free training and acquire critical skills in IT field.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20055&tid=37516 Size: 2KB Collection: speeches_cm?
President Jacob Zuma will visit Former President Nelson Mandela at his home in Qunu this afternoon, 18 July, to wish him well on his birthday.
President Zuma will give Madiba an architect s impression of the Nelson Mandela Legacy Bridge that will be constructed across the Mbashe River between Ndondolo Village in the Mbashe Local Municipality and the Mvezo Village in the King Sabata Dalindyebo Local Municipality.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20071&tid=37552 Size: 1KB Collection: speeches_cm?
The senior SANDF delegation will accompany Minister of Defence and Military Veterans, Ms Lindiwe Sisulu during the cleaning up campaign that will be conducted in conjunction with the Umtata Town Council and the Business Community of the town.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20067&tid=37541 Size: 2KB Collection: speeches_cm?
This is part of the International Nelson Mandela Day celebrations where people around the world are spending 67 minutes doing good deeds of their choice.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20068&tid=37538 Size: 622 bytes Collection: speeches_cm?
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20046&tid=37528 Size: 2KB Speaker: D Mohono Collection: speeches_cm?
0.7741 2011/07/15 class="MsoNormal">As part of her contribution to the Nelson Mandela Day programme, Eastern Cape Transport MEC Thandiswa Marawu, will be leading Operation Asihleki roadblocks with traffic officers during the re-launch of scholar transport throughout the province on Monday, 18 July 2011.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20050&tid=37498 Size: 2KB Speaker: T Marawu Collection: speeches_cm?
Nature of event: The department is handing over blankets to the community.
Cell: 083 246 3279 0.
Minister Rob Davies, Deputy Ministers Elizabeth Thabethe and Thandi Tobias-Pokolo to celebrate Mandela Day, 18 Jul class="MsoNormal">The Minister of Trade and Industry, Dr Rob Davies and Deputy Ministers Ms Elizabeth Thabethe and Ms Thandi Tobias-Pokolo will on Monday, 18 July 2011 heed the national call to help change the world for the better in celebration of the Nelson Mandela Day, by leading teams of the department officials to KwaZulu-Natal, Northwest and Gauteng where they will be dedicating 67 minutes of their time to various noble causes.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20056&tid=37510 Size: 2KB Collection: speeches_cm?
>Gauteng Department of Local Government and Housing MEC Humphrey Mmemezi will on Monday, 18 July 2011 visit one child-headed home which will be refurbished as well donate much needed items. On this day the MEC will be taking part in helping with construction of roofing, tiling, plastering, fitting windows as well as handover of food parcels.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20057&tid=37515 Size: 981 bytes Collection: speeches_cm?
The Free State Provincial Government will join the rest of the world in commemorating the life of one of the greatest statesmen and former President Nelson Rolihlahla Mandela. The International Mandela Day calls on the public to pause and make a change in the lives of ordinary people.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20061&tid=37501 Size: 2KB Collection: speeches_cm?
To celebrate Madiba s life, let each one of us, pledge to make South Africa an even better place in every possible way.
Deputy Minister Fatima Chohan to commemorate Mandela Day at Liliebloem Childrens Hom?
URL: http://www.info.gov.za/speeches/2003/03091913461007.
URL: http://www.info.gov.za/speeches/2003/03092309461001.
Kusukela nga-2004, bekugcilwe ekuhlanganiseni intsandvo yelinyenti kanye nasekwenteni ncono kusebenta kwembuso.
ï¿½ nTINGCUNGCUTSELAï¿½ TEKULWAï¿½ NEKUKHOHLAKALAï¿½ LETIBANJWEï¿½ EMKHATSINIKWA&#18;&#16;&#16;&#17;NA&#18;&#16;&#16;&#24;TELULEKULWANEKUKhohlakala kuyo yonkhe imiphakatsi.
sï¿½ +UGUCULATINHLELOTEMPHAKATSInIMINYAKAYEKUCALALELI &#17;&#16;YAKHOMBISAINCHUBEKELEMBILILEBABATEKAKOEKUHlanganiseni tinhlelo temphakatsi letehlukene kutsi tibe LUHLELOï¿½ LWEMPHAKATSIï¿½ LOLUYINTFOï¿½ YINYE&#14;ï¿½, UHLELOï¿½ LWEMphakatsi nyalo selumele tonkhe tinhlaka temphakatsi letinyenti.
ï¿½ n+UHLELA&#12;ï¿½ KUBHEKAï¿½ NEKUHLOLAï¿½ KUYACINISWA&#14;ï¿½ +UNETinhlelo tekwenta ncono kuphatsa kanye neluhlelo lunye lwemphakatsi.
tinchubomgomo netinhlelo.
ELOï¿½ EBANTFWANAï¿½ NEKOMISHANEï¿½ YELUSHAï¿½ KUVELONKHEï¿½ NASETIFUNDZENIYEUmsobomvu Youth Fund.
ikhabinethi beyinalabasikati labangema-40%.
nebasemakhaya kwenyukile. Ngetulu kwema-30% webaphatsi labasetulu kuhulumende ngulabasikati, kodvwa tinkapani tasengwace tisalele emuva kuloluhlelo.
sï¿½ 4IBONELELOnKUBANTFULABANGETULUKWETIGIDZILETILI &#17;&#18;ï¿½ LABATFOLAï¿½ TIBONELELOï¿½ TAHULUMENDEï¿½ NGA&#18;&#16;&#16;&#23;&#12;ï¿½ TIGIDZIï¿½ LETISIPHOHLONGOï¿½ TATFOLAï¿½ TIBONELELOï¿½ TEKONDLAï¿½ BANTFWANA&#14;%MA&#21;&#19;&#5;ELUCHASOLWETINDLUAYAKULAbasikati lokungibo lababuke emakhaya.
ï¿½ n+WASUNGULWAï¿½ TIKHUNGOï¿½ TEMFUNDVOï¿½ LECHUBEKAKOï¿½ NEKUCECESHAï¿½ &#8;&%4 ï¿½ NGA&#17;&#25;&#25;&#24;&#12;ï¿½ KUSITAï¿½ BANTFUï¿½ LA-BASHAï¿½ KUTSIï¿½ BATFUTFUKISEï¿½ EMAKHONO&#14;ï¿½. GA&#18;&#16;&#16;&#23;&#12;ï¿½ EMABHILIYONILANGU2&#17;&#12;&#19;AYAKUNational Student Financial Scheme.
ï¿½ n+UNGENELELANJENGE!SGI3!
+UTEYEWATIWAï¿½ TIBANDZAKANYEwww.gcis.gov.
<fn>GOV-ZA.36En.2012-02-10.en.txt</fn>
Web address http://www.ru.ac.
<fn>GOV-ZA.376En.2012-02-10.en.txt</fn>
Today marks an important chapter in the Roads sector in the province, where all spheres of government are gathered to find solutions to the enormous task ahead of us. This Roads Indaba coincides with EPWP which started yesterday in Durban. When I was addressing this seminar, I said we must as well massif EPWP to construct some of our Roads in order to access incentive grant and job opportunities through Infrastructure Sector.
<fn>GOV-ZA.37En.2012-02-10.en.txt</fn>
To signify the status of the Consort of the President, the full colour, national Coat of Arms is used. It is unique as it has been framed with two circles of different weightings.
Only the President's spouse is permitted to use this Seal.
This is the construction grid for the Presidential Consort Seal.
The Presidential Consort Seal is in full colour surrounded by concentric circles.
<fn>GOV-ZA.3805En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.386En.2012-02-10.en.txt</fn>
amendments which have not been done on original documents received from clients.
<fn>GOV-ZA.38En.2012-02-10.en.txt</fn>
So, arriving at the Zimbabwean or Zambian border in your diesel-guzzling 4x4 and finding you have to pay carbon tax, is irritating, but possibly a sign of progress.
State ONE cause of greenhouse emissions mentioned in the extract that can result from tourism activities.
<fn>GOV-ZA.398En.2012-02-10.en.txt</fn>
The Provincial Treasury plays a major role in achieving the desired socio-economic & governance outcomes of the Western Cape by providing strategic financial leadership to the province and municipalities, supporting the Minister of Finance, Economic Development and Tourism and enhancing the availability of financial resources.
Promotes the effective and efficient management of physical & financial assets, liabilities and supply chain systems.
Improves financial governance, budgeting, accountability and performance oriented financial management.
Ensures accurate, transparent and full reflection of financial and associated transactions and processes.
<fn>GOV-ZA.39En.2012-02-10.en.txt</fn>
The national Coat of Arms can appear on its own, with a naming structure (Republic of South Africa) when used internally in South Africa as in branding or co-branding State messages or property.
The fixed distance between the symbol and the descriptor is 16/8XC.
The rule of the minimum clear space of 2XC applies when the national Coat of Arms and the descriptor are combined.
Note: When only the country descriptor appears with the symbol, the name appears in black.
No other colour may be used.
Gold foil is used to differentiate the hierarchical structure within the Government.
the rest of the Coat of Arms in full colour.
To identify Ministers and Deputy Ministers, the tips of the wings and the shield of the national Coat of Arms are foiled with gold (Pantone 873); the rest of the Coat of Arms in full colour.
To identify Ministries the national Coat of Arms is printed in full colour.
To identify Ambassadors and High Commissioners, the shield on the national Coat of Arms is foiled in gold (Pantone 873); the rest of printing in full colour.
Heads of Consular Missions use the same as the departmental coats.
To identify Diplomatic and Consular Missions the national Coat of Arms is printed in full colour.
under any circumstances.
<fn>GOV-ZA.3En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.3august20061En.2012-02-10.en.txt</fn>
The value of the rand against other currencies; consumer and producer inflation; the price of oil; the performance of the manufacturing sector; the rate of domestic savings; and decisions of the Reserve Bank's monetary policy committee on changes in the repo rate are economic issues that increasingly dominate news headlines.
Statistics and their interpretation lie at the heart of this heightened awareness of economic dynamics. Economic policy, debate and decision making are influenced by monthly official statistics that cover consumer and producer inflation; retail, wholesale and motor trade sales; manufacturing and mining production and sales; and more specific indicators, such as electricity generation and distribution, liquidations and insolvencies.
This is why so many different stakeholders - bankers, economists, market analysts, policy makers, the government, international agencies and citizens participating in the country's economic life - monitor and comment on these statistics.
Last Wednesday Statistics SA reported that consumer inflation had reached its highest point since August 2003, with the June consumer inflation rate rising to 4.9 percent year on year from 3.9 percent in May. The major driver of this increase was food inflation, which rose to 7.7 percent year on year from an annual 6.9 percent in May. Non-food inflation rose to 4.1 percent year on year from 3 percent in May.
Stats SA reported at the same time that annual CPIX (consumer price inflation less mortgage rates), the Reserve Bank's inflation target measure, rose to 4.8 percent in June, compared with 4.1 percent in May. This was the 33rd consecutive month that CPIX remained below 5 percent year on year, well within the Reserve Bank's target range of between 3 percent and 6 percent.
A day later Stats SA reported that producer inflation was at its highest level since January 2003, with producer inflation in June 2006 rising to 7.5 percent year on year compared with 5.9 percent in May. Agriculture was a major driver of this increase, with local farm gate prices rising 21.3 percent year on year compared with 17.3 percent in May and 15.5 percent in April.
The local component of producer inflation increased to 7.6 percent year on year, its highest level since February 2003. The producer price index (PPI) for imported commodities showed a 6.8 percent annual rate of increase at in June - 2.1 percentage points higher than the corresponding rate of 4.7 percent year on year in May. The price of imported crude oil, an important component of PPI for imported commodities, rose by 41.5 percent year on year from a 30 percent rise in May.
June data on liquidations and insolvencies were also released last Thursday. The total number of liquidations recorded for the first six months of this year decreased by 16.6 percent compared with the first half of 2005.
This was the result of a decrease of 32.2 percent in compulsory liquidations and 13.9 percent in voluntary liquidations.
Data for retail trade sales as at the end of May 2006, released yesterday, confirmed the continued upward trend in this economic indicator. The trend cycle, at constant (2000) prices, shows an upward trend from the beginning of 2001 until the end of 2004. The beginning of 2005 saw a brief levelling of the trend, but it began to rise from mid-2005 and has continued this trajectory.
Retail trade sales at constant prices for the three months to May increased by 10.3 percent compared with the quarter to May last year. Similarly, retail trade sales at constant prices for the period January to May this year increased by 9.7 percent compared with January to May 2005. Retail trade sales for the month of May 2006 increased by 10.6 percent compared with May 2005.
At current prices, retail trade sales for the three months to May 2006 increased by a more pronounced 15.2 percent compared with the three months to May 2005.
The major contributors to this increase were general dealers (contributing 6.2 percentage points); retailers in textiles, clothing, footwear and leather goods (contributing 2.7 percentage points); retailers in hardware, paint and glass (contributing 2.1 percentage points), all other retailers (contributing 1.9 percentage points); and retailers in household furniture, appliances and equipment (contributing 1.2 percentage points).
Stats SA plays an increasingly pivotal role in the heightened statistical awareness of the population, which, on Tuesday, was reported as having grown to 47.4 million people by mid-year, an increase of 1.06 percent in the past 12 months.
Yesterday, Stats SA published data on wholesale and motor trade sales, and electricity generated and available for distribution. Discussion and comment on these and other key statistical indicators reflects the growing economic and financial literacy of South Africans, as they keenly monitor the macro- and microeconomic developments and debates that influence their lives.
Pali Lehohla is South Africa's statistician-general and head of Stats SA. For more information on Stats SA and its statistical outputs, including the economic series discussed above, visit www.statssa.gov.
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Table 3.1: Number of companies, 2003/04 - 2008/09 Table 3.
Table A3.1.1: Companies: Provisional tax payments by sector, 2003/04 - 2008/09 Table A3.1.2: Companies: Provisional tax payments by sector, 2003/04 - 2008/09 [percentage of total] Table A3.1.3: Companies: Provisional tax payments by sector, 2003/04 - 2008/09 [percentage year-on-year] Table A3.2.1: Companies: Taxable income and tax assessed by taxable income group, 2005 - 2008 Table A3.2.2: Companies with a positive taxable income: Taxable income and tax assessed by taxable income group, 2005 - 2008 [percentage of total] Table A3.3.1: Companies: Taxable income and tax assessed by sector (all companies), 2005 - 2008 Table A3.3.2: Companies: Taxable income and tax assessed by sector (all companies), 2005 - 2008 [percentage of total] Table A3.3.3: Companies: Taxable income and tax assessed by sector by economic activity, 2005 - 2008 Table A3.3.4: Companies: Taxable income and tax assessed by sector (Companies reporting positive taxable income), 2005 - 2008 Table A3.3.5: Companies: Taxable income and tax assessed by sector (Companies reporting negative taxable income), 2005 - 2008 Table A3.3.6: Companies: Taxable income and tax assessed by sector (Companies reporting zero taxable income), 2005 - 2008 Table A3.4.1: Companies: Number with assessed losses and profits by sector, 2005 - 2008 Table A3.4.2: Companies: Number with assessed losses and profits by sector, 2005 - 2008 [percentage of total] Table A3.4.3: Companies: Number with assessed losses and profits by sector, 2005 - 2008 [percentage of sector total] Table A3.5.1: Companies: Tax assessed by main industrial sector and taxable income group, 2005 Table A3.5.2: Companies reporting positive taxable income: Tax assessed by main industrial sector and taxable income group, 2005 [percentage of total] Table A3.5.3: Companies: Number by main industrial sector and taxable income group, 2005 Table A3.5.4: Companies: Number by main industrial sector and taxable income group, 2005 [percentage of total] Table A3.6.1: Companies: Tax assessed by main industrial sector and taxable income group, 2006 Table A3.6.2: Companies reporting positive taxable income: Tax assessed by main industrial sector and taxable income group, 2006 [percentage of total] Table A3.6.3: Companies: Number by main industrial sector and taxable income group, 2006 Table A3.6.4: Companies: Number by main industrial sector and taxable income group, 2006 [percentage of total] Table A3.7.1: Companies: Tax assessed by main industrial sector and taxable income group, 2007 Table A3.7.2: Companies reporting positive taxable income: Tax assessed by main industrial sector and taxable income group, 2007 [percentage of total] Table A3.7.3: Companies: Number by main industrial sector and taxable income group, 2007 Table A3.7.4: Companies: Number by main industrial sector and taxable income group, 2007 [percentage of total] Table A3.8.1: Companies: Tax assessed by main industrial sector and taxable income group, 2008 Table A3.8.2: Companies reporting positive taxable income: Tax assessed by main industrial sector and taxable income group, 2008 [percentage of total] Table A3.8.3: Companies: Number by main industrial sector and taxable income group, 2008 Table A3.8.
Table 3.
Excludes cases where status is in suspense, estate and address unknown. The tax year for companies is normally the financial year of the company for financial reporting purposes.
Total 61,151 70,810 88,447 118,968 141,777 164,505 prior to y-1 0.5% 0.6% 0.5% 0.5% 0.5% 0.
post y+1 0.2% 0.1% 0.0% 0.4% 0.1% 0.
Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.
Due to timing differences these figures do not balance to actual provisional tax collections reflected in Table A1.5.3.
All figures relating to 2008/09 are unaudited.
Due to timing differences these figures do not balance to actual provisional tax collections reflected in Table 1.5.3.
Agencies and other services 2.7% 2.9% 2.6% 2.8% 2.1% 2.
Agriculture, forestry and fishing 1.5% 1.3% 0.8% 0.8% 1.2% 1.
Bricks, ceramic, glass, cement and similar products 2.0% 1.8% 1.8% 1.7% 1.2% 0.
Catering and accommodation 0.8% 0.9% 0.9% 0.8% 0.8% 0.
Chemicals and chemical, rubber and plastic products 2.9% 3.2% 2.4% 1.9% 2.1% 2.
Clothing and footwear 0.3% 0.4% 0.4% 0.3% 0.3% 0.
Coal and petroleum products 4.7% 6.2% 5.9% 5.9% 5.6% 6.
Construction 1.1% 1.3% 1.5% 1.6% 2.0% 2.
Educational services 0.1% 0.1% 0.1% 0.1% 0.1% 0.
Electricity, gas and water 0.3% 0.2% 0.9% 1.6% 0.8% 0.
Employment (director of a company/member of CC) 0.4% 0.4% 0.3% 0.4% 0.4% 0.
Financing, insurance, real estate and business services 26.8% 27.2% 24.6% 26.2% 27.4% 28.
Food, drink and tobacco 5.1% 5.7% 5.2% 4.2% 3.1% 2.
Leather, leather goods and fur (excl. footwear and clothing) 0.1% 0.1% 0.0% 0.0% 0.0% 0.
Long term insurance 5.6% 7.4% 6.4% 4.8% 7.5% 5.
Machinery and related items 2.2% 2.0% 1.8% 1.7% 2.1% 2.
Medical, dental and other health and veterinary services 1.6% 1.7% 1.6% 1.3% 1.2% 1.
Metal 4.3% 4.3% 4.9% 4.4% 4.6% 6.
Mining and quarrying 11.1% 3.7% 5.6% 9.6% 10.4% 13.
Other manufacturing industries 2.5% 2.5% 2.2% 1.8% 1.6% 1.
Paper, printing and publishing 2.3% 1.1% 0.8% 0.6% 0.7% 0.
Personal and household services 0.1% 0.1% 0.1% 0.1% 0.1% 0.
Recreation and cultural services 0.9% 1.1% 1.2% 1.3% 1.4% 1.
Research and scientific institutes 0.1% 0.1% 0.1% 0.1% 0.0% 0.
Retail trade 5.4% 6.0% 6.4% 6.4% 5.8% 5.
Scientific, optical and similar equipment 0.1% 0.1% 0.1% 0.1% 0.1% 0.
Social and related community services 0.0% 0.0% 0.0% 0.0% 0.0% 0.
Specialised repair services 0.2% 0.2% 0.2% 0.2% 0.2% 0.
Textiles 0.3% 0.3% 0.2% 0.1% 0.2% 0.
Transport equipment 0.1% 0.1% 0.1% 0.1% 0.1% 0.
Transport, storage and communications 5.9% 8.2% 12.3% 10.2% 8.8% 6.
Vehicles, parts and accessories 4.1% 4.4% 4.5% 4.5% 3.3% 2.
Wholesale trade 3.5% 3.9% 3.4% 3.1% 3.9% 3.
Wood, wood products and furniture 0.3% 0.4% 0.3% 0.4% 0.3% 0.
Other 0.6% 0.6% 0.7% 0.8% 0.2% 0.
Agencies and other services 26.0% 12.4% 46.1% -13.1% 25.
Agriculture, forestry and fishing -3.4% -22.8% 31.3% 81.6% 22.
Bricks, ceramic, glass, cement and similar products 7.5% 23.0% 28.0% -14.4% -25.
Catering and accommodation 21.0% 25.9% 26.2% 17.5% 2.
Chemicals and chemical, rubber and plastic products 28.4% -5.6% 3.0% 37.2% 23.
Clothing and footwear 40.1% 19.1% 11.7% 12.7% -8.
Coal and petroleum products 53.7% 18.3% 34.0% 14.0% 26.
Construction 38.8% 35.8% 47.8% 48.4% 58.
Educational services 65.0% 5.8% 49.1% 82.2% 50.
Electricity, gas and water -27.5% 456.7% 129.7% -40.3% -24.
Employment (director of a company/member of CC) 34.4% 6.6% 34.4% 35.1% 36.
Financing, insurance, real estate and business services 18.7% 13.3% 41.2% 25.4% 20.
Food, drink and tobacco 30.5% 14.5% 7.5% -11.3% -14.
Leather, leather goods and fur (excl. footwear and clothing) 60.7% -75.0% 41.9% 143.7% -41.
Long term insurance 55.1% 6.7% 1.1% 86.4% -23.
Machinery and related items 7.0% 9.3% 24.8% 53.8% 35.
Medical, dental and other health and veterinary services 24.2% 17.7% 7.7% 9.3% 10.
Metal 16.9% 43.6% 19.5% 24.7% 51.
Mining and quarrying -61.4% 90.6% 128.8% 29.7% 48.
Other manufacturing industries 15.5% 9.5% 11.5% 3.2% 14.
Paper, printing and publishing -42.6% -16.4% 13.8% 39.2% 22.
Personal and household services 34.9% 16.0% 30.0% 36.8% 27.
Recreation and cultural services 47.6% 35.5% 44.5% 27.2% -1.
Research and scientific institutes 16.1% -19.3% 36.3% -16.7% 44.
Retail trade 31.6% 31.8% 33.4% 8.2% 5.
Scientific, optical and similar equipment -4.7% 31.8% 20.4% 58.8% 13.
Social and related community services 19.7% 1.4% 45.1% -57.3% 21.
Specialised repair services 18.8% 20.6% 16.0% 38.2% 29.
Textiles 20.3% -23.8% -6.3% 129.3% 12.
Transport equipment 29.5% -2.7% 58.6% 46.9% 28.
Transport, storage and communications 62.2% 86.5% 10.5% 3.4% -10.
Vehicles, parts and accessories 25.1% 25.8% 33.1% -10.2% -2.
Wholesale trade 31.1% 7.5% 21.9% 52.6% 6.
Wood, wood products and furniture 52.1% 13.0% 48.0% -16.3% 3.
Other 32.0% 32.1% 63.4% -75.4% -14.
Total 17.0% 24.9% 32.9% 19.7% 15.
Total < 0 taxable income 34.7% 32.1% 35.5% 37.
Total = 0 taxable income 38.5% 38.2% 27.6% 18.
Total > 0 taxable income 26.8% 29.7% 36.9% 44.
Total 552,368 82,358 575,461 96,087 379,907 82,434 189,873 26,435 1. Includes where the sector was indicated as Other or where the sector was left blank on the return.
Agencies and other services 14.9% -1.4% 2.5% 21.6% 1.4% 3.6% 11.8% -30.4% 3.0% 4.5% 3.1% 3.
Agriculture, forestry and fishing 2.4% -12.5% 0.7% 2.0% -6.1% 0.8% 3.0% -10.3% 1.6% 3.3% -4.8% 1.
Bricks, ceramic, glass, cement and similar products 0.3% 4.6% 1.6% 0.2% 2.5% 1.4% 0.4% 1.1% 0.7% 0.4% 0.8% 0.
Catering and accommodation 2.1% -1.9% 0.8% 1.9% -0.8% 0.8% 2.6% -1.0% 0.7% 2.8% -1.1% 0.
Chemicals and chemical, rubber and plastic products 0.5% 2.5% 2.3% 0.4% 1.6% 1.8% 0.8% 2.0% 2.2% 0.8% 1.8% 1.
Clothing and footwear 0.4% 0.0% 0.3% 0.3% 0.1% 0.3% 0.5% 0.3% 0.3% 0.5% 0.3% 0.
Coal and petroleum products 0.1% 13.7% 6.1% 0.1% 10.8% 6.0% 0.2% 16.5% 7.5% 0.2% 0.2% 0.
Construction 6.8% 0.9% 1.5% 6.2% 0.8% 1.7% 5.9% 4.1% 2.9% 5.6% 6.8% 5.
Educational services 0.8% -0.3% 0.1% 0.7% -0.1% 0.1% 0.7% 0.2% 0.2% 0.6% 0.1% 0.
Electricity, gas and water 0.3% -0.5% 0.2% 0.3% 3.5% 1.7% 0.3% 3.3% 2.0% 0.3% 0.6% 0.
Employment (director of a company/member of CC) 0.1% 0.0% 0.0% 0.2% 0.2% 0.1% 0.7% 1.4% 0.6% 0.0% 2.5% 1.
Financing, insurance, real estate and business services 36.5% 20.3% 28.7% 34.3% 15.6% 24.8% 33.3% 33.0% 24.7% 35.9% 22.2% 27.
Food, drink and tobacco 0.6% 10.2% 5.2% 0.5% 6.0% 4.5% 0.8% 5.1% 3.7% 0.9% -0.3% 1.
Leather, leather goods and fur (excl. footwear and clothing) 0.0% -1.2% 0.0% 0.0% -0.3% 0.0% 0.1% 0.1% 0.1% 0.1% 0.0% 0.
Long term insurance 0.0% 11.4% 5.8% 0.0% 7.0% 5.6% 0.0% 0.4% 2.7% 0.0% 1.5% 1.
Machinery and related items 1.1% 2.9% 1.7% 0.9% 2.6% 1.8% 1.7% 5.2% 2.8% 1.9% 4.7% 3.
Medical, dental and other health and veterinary services 0.9% 3.3% 1.5% 0.9% 2.3% 1.4% 1.1% 3.0% 1.5% 1.2% 1.8% 1.
Metal 1.0% 8.7% 4.8% 0.8% 7.1% 4.5% 1.2% 6.3% 3.5% 1.4% 4.1% 3.
Mining and quarrying 0.2% 8.0% 4.9% 0.1% 9.3% 5.5% 0.1% 9.1% 4.0% 0.0% -0.0% 0.
Other manufacturing industries 1.7% -1.6% 2.4% 1.5% -2.5% 1.8% 1.1% -1.6% 1.5% 1.2% 2.4% 2.
Paper, printing and publishing 0.7% 0.2% 0.8% 0.5% -0.3% 0.7% 0.8% 1.2% 1.0% 0.9% 0.7% 0.
Personal and household services 0.9% -0.2% 0.1% 0.8% -0.1% 0.1% 0.9% -0.0% 0.1% 1.0% -0.0% 0.
Recreation and cultural services 0.8% 0.6% 1.1% 0.6% 2.0% 1.5% 0.8% 3.3% 1.8% 0.8% 0.4% 0.
Research and scientific institutes 0.1% -0.6% 0.1% 0.1% -0.3% 0.0% 0.2% -0.1% 0.1% 0.1% -0.1% 0.
Retail trade 11.4% 12.6% 6.5% 11.0% 9.8% 6.5% 11.3% 9.6% 5.8% 11.6% 6.1% 6.
Scientific, optical and similar equipment 0.1% 0.2% 0.1% 0.1% 0.1% 0.1% 0.2% 0.3% 0.2% 0.2% 0.4% 0.
Social and related community services 1.7% -0.1% 0.0% 1.8% -0.1% 0.0% 2.0% -0.0% 0.0% 1.0% 0.0% 0.
Specialised repair services 0.9% -0.9% 0.2% 0.7% -0.6% 0.2% 0.9% -0.6% 0.2% 1.1% 0.6% 0.
Textiles 0.2% -2.4% 0.1% 0.2% -1.2% 0.2% 0.3% -1.0% 0.1% 0.2% -0.5% 0.
Transport equipment 0.1% 0.0% 0.1% 0.1% 0.1% 0.1% 0.2% 0.1% 0.1% 0.2% 0.2% 0.
Transport, storage and communications 2.9% -2.7% 8.2% 2.6% 10.6% 10.7% 2.7% 12.4% 10.2% 2.7% 29.6% 21.
Vehicles, parts and accessories 0.8% 11.6% 4.2% 0.7% 9.3% 5.0% 1.4% 8.9% 4.6% 1.5% 2.6% 2.
Wholesale trade 3.6% 6.5% 3.6% 3.0% 4.2% 3.1% 3.2% 10.5% 5.4% 3.4% 5.4% 4.
Wood, wood products and furniture 0.4% -0.3% 0.4% 0.4% -0.2% 0.3% 0.6% 0.3% 0.4% 0.6% 0.3% 0.
Other 4.5% 8.3% 3.2% 4.5% 5.8% 3.3% 8.3% 7.5% 3.7% 13.2% 7.7% 5.
Total 147,971 277,868 82,063 170,734 330,180 95,716 140,319 284,582 82,099 83,507 92,815 26,379 1. Includes where the sector was indicated as Other or where the sector was left blank on the return. 1. Includes where the sector was indicated as Other or where the sector was left blank on the return. 1. Includes where the sector was indicated as Other or where the sector was left blank on the return. 1. Includes where the sector was indicated as Other or where the sector was left blank on the return.
Agencies and other services Agriculture, forestry and fishing Bricks, ceramic, glass, cement and similar products Catering and accommodation Chemicals and chemical, rubber and plastic products Clothing and footwear Coal and petroleum products Construction Educational services Electricity, gas and water Employment (director of a company/member of CC) Financing, insurance, real estate and business services Food, drink and tobacco Leather, leather goods and fur (excl.
Agencies and other services 17.9% 6.8% 24.7% 24.0% 15.8% 39.8% 15.4% 5.6% 21.0% 4.5% 4.4% 8.
Agriculture, forestry and fishing 2.6% 1.7% 4.3% 2.2% 1.5% 3.7% 3.4% 2.2% 5.6% 4.1% 2.4% 6.
Bricks, ceramic, glass, cement and similar products 0.2% 0.4% 0.6% 0.2% 0.3% 0.5% 0.3% 0.5% 0.9% 0.3% 0.5% 0.
Catering and accommodation 2.2% 1.6% 3.9% 2.0% 1.5% 3.6% 2.7% 2.3% 5.1% 3.1% 2.3% 5.
Chemicals and chemical, rubber and plastic products 0.4% 0.9% 1.3% 0.3% 0.7% 1.0% 0.6% 1.1% 1.7% 0.6% 1.1% 1.
Clothing and footwear 0.3% 0.4% 0.8% 0.3% 0.3% 0.6% 0.5% 0.5% 1.0% 0.5% 0.5% 0.
Coal and petroleum products 0.1% 0.2% 0.2% 0.0% 0.1% 0.2% 0.1% 0.3% 0.4% 0.1% 0.2% 0.
Construction 7.4% 5.2% 12.6% 6.7% 5.0% 11.7% 5.8% 6.1% 11.9% 5.2% 6.0% 11.
Educational services 0.8% 0.7% 1.5% 0.7% 0.7% 1.3% 0.7% 0.7% 1.4% 0.7% 0.6% 1.
Electricity, gas and water 0.3% 0.4% 0.7% 0.3% 0.3% 0.6% 0.3% 0.4% 0.6% 0.2% 0.4% 0.
Employment (director of a company/member of CC) 0.1% 0.1% 0.2% 0.2% 0.1% 0.3% 0.4% 1.2% 1.6% 0.0% 0.0% 0.
Financing, insurance, real estate and business services 35.7% 39.0% 74.6% 33.5% 36.2% 69.7% 31.3% 36.6% 67.9% 32.6% 40.2% 72.
Food, drink and tobacco 0.6% 0.8% 1.3% 0.5% 0.6% 1.1% 0.8% 0.9% 1.7% 0.9% 0.9% 1.
Leather, leather goods and fur (excl. footwear and clothing) 0.0% 0.1% 0.1% 0.0% 0.0% 0.1% 0.1% 0.1% 0.1% 0.0% 0.1% 0.
Long term insurance 0.0% 0.0% 0.1% 0.0% 0.0% 0.1% 0.0% 0.0% 0.1% 0.0% 0.0% 0.
Machinery and related items 0.8% 1.8% 2.6% 0.7% 1.5% 2.1% 1.3% 2.4% 3.7% 1.4% 2.5% 3.
Medical, dental and other health and veterinary services 0.6% 1.8% 2.4% 0.6% 1.6% 2.2% 0.7% 1.8% 2.5% 0.7% 1.8% 2.
Metal 0.7% 1.6% 2.3% 0.6% 1.2% 1.8% 0.8% 1.8% 2.7% 0.9% 2.0% 2.
Mining and quarrying 0.2% 0.2% 0.3% 0.1% 0.1% 0.3% 0.1% 0.1% 0.1% 0.0% 0.0% 0.
Other manufacturing industries 1.6% 2.1% 3.6% 1.3% 1.7% 3.1% 1.0% 1.5% 2.4% 0.9% 1.4% 2.
Paper, printing and publishing 0.6% 0.9% 1.5% 0.5% 0.7% 1.2% 0.7% 1.0% 1.7% 0.8% 0.9% 1.
Personal and household services 1.0% 0.7% 1.7% 0.9% 0.7% 1.5% 1.0% 0.8% 1.8% 1.2% 0.9% 2.
Recreation and cultural services 0.8% 0.7% 1.5% 0.7% 0.6% 1.2% 0.8% 0.7% 1.5% 0.9% 0.7% 1.
Research and scientific institutes 0.1% 0.1% 0.3% 0.1% 0.1% 0.3% 0.2% 0.2% 0.3% 0.1% 0.2% 0.
Retail trade 11.4% 11.4% 22.8% 11.0% 10.9% 21.9% 9.7% 14.0% 23.7% 9.6% 14.3% 23.
Scientific, optical and similar equipment 0.1% 0.1% 0.2% 0.1% 0.1% 0.2% 0.1% 0.2% 0.4% 0.1% 0.2% 0.
Social and related community services 2.2% 0.3% 2.5% 2.5% 0.4% 2.8% 3.1% 0.1% 3.2% 1.7% 0.1% 1.
Specialised repair services 0.8% 1.2% 2.0% 0.6% 1.0% 1.6% 0.8% 1.1% 2.0% 1.0% 1.2% 2.
Textiles 0.2% 0.2% 0.4% 0.1% 0.2% 0.3% 0.2% 0.3% 0.5% 0.2% 0.3% 0.
Transport equipment 0.1% 0.1% 0.2% 0.1% 0.1% 0.2% 0.2% 0.2% 0.4% 0.2% 0.2% 0.
Transport, storage and communications 2.9% 2.9% 5.8% 2.6% 2.6% 5.2% 2.6% 2.8% 5.5% 2.6% 2.7% 5.
Vehicles, parts and accessories 0.7% 1.4% 2.0% 0.5% 1.1% 1.6% 1.0% 2.0% 3.0% 1.2% 1.8% 3.
Wholesale trade 3.4% 4.3% 7.7% 2.7% 3.6% 6.4% 2.8% 3.9% 6.7% 3.0% 3.8% 6.
Wood, wood products and furniture 0.4% 0.5% 0.9% 0.3% 0.4% 0.8% 0.5% 0.7% 1.2% 0.6% 0.7% 1.
Other 2.6% 9.5% 12.1% 3.1% 8.0% 11.0% 9.8% 5.8% 15.6% 20.0% 4.6% 24.
Agencies and other services 87.8% 12.2% 100.0% 78.2% 21.8% 100.0% 82.4% 17.6% 100.0% 56.5% 43.5% 100.
Agriculture, forestry and fishing 80.3% 19.7% 100.0% 78.4% 21.6% 100.0% 72.3% 27.7% 100.0% 68.8% 31.2% 100.
Bricks, ceramic, glass, cement and similar products 58.5% 41.5% 100.0% 54.5% 45.5% 100.0% 52.8% 47.2% 100.0% 47.4% 52.6% 100.
Catering and accommodation 78.8% 21.2% 100.0% 76.1% 23.9% 100.0% 66.6% 33.4% 100.0% 62.8% 37.2% 100.
Chemicals and chemical, rubber and plastic products 54.3% 45.7% 100.0% 52.9% 47.1% 100.0% 47.4% 52.6% 100.0% 44.0% 56.0% 100.
Clothing and footwear 67.7% 32.3% 100.0% 64.6% 35.4% 100.0% 59.4% 40.6% 100.0% 53.6% 46.4% 100.
Coal and petroleum products 53.4% 46.6% 100.0% 48.8% 51.2% 100.0% 40.3% 59.7% 100.0% 39.4% 60.6% 100.
Construction 79.4% 20.6% 100.0% 75.9% 24.1% 100.0% 62.1% 37.9% 100.0% 52.4% 47.6% 100.
Educational services 76.2% 23.8% 100.0% 71.5% 28.5% 100.0% 60.1% 39.9% 100.0% 56.2% 43.8% 100.
Electricity, gas and water 71.8% 28.2% 100.0% 68.1% 31.9% 100.0% 53.0% 47.0% 100.0% 45.3% 54.7% 100.
Employment (director of a company/member of CC) 88.0% 12.0% 100.0% 77.2% 22.8% 100.0% 37.5% 62.5% 100.0% 45.5% 54.5% 100.
Financing, insurance, real estate and business services 71.4% 28.6% 100.0% 68.7% 31.3% 100.0% 59.4% 40.6% 100.0% 50.8% 49.2% 100.
Food, drink and tobacco 67.4% 32.6% 100.0% 66.2% 33.8% 100.0% 58.8% 41.2% 100.0% 55.4% 44.6% 100.
Leather, leather goods and fur (excl. footwear and clothing) 65.0% 35.0% 100.0% 62.3% 37.7% 100.0% 53.5% 46.5% 100.0% 40.4% 59.6% 100.
Long term insurance 58.9% 41.1% 100.0% 63.1% 36.9% 100.0% 64.2% 35.8% 100.0% 55.4% 44.6% 100.
Machinery and related items 55.6% 44.4% 100.0% 51.9% 48.1% 100.0% 47.8% 52.2% 100.0% 41.4% 58.6% 100.
Medical, dental and other health and veterinary services 49.7% 50.3% 100.0% 47.4% 52.6% 100.0% 38.8% 61.2% 100.0% 33.7% 66.3% 100.
Metal 55.9% 44.1% 100.0% 52.4% 47.6% 100.0% 44.1% 55.9% 100.0% 37.8% 62.2% 100.
Mining and quarrying 71.3% 28.7% 100.0% 70.2% 29.8% 100.0% 66.0% 34.0% 100.0% 61.1% 38.9% 100.
Other manufacturing industries 67.2% 32.8% 100.0% 64.8% 35.2% 100.0% 52.5% 47.5% 100.0% 45.6% 54.4% 100.
Paper, printing and publishing 64.6% 35.4% 100.0% 61.7% 38.3% 100.0% 55.7% 44.3% 100.0% 52.2% 47.8% 100.
Personal and household services 79.2% 20.8% 100.0% 75.7% 24.3% 100.0% 67.9% 32.1% 100.0% 63.0% 37.0% 100.
Recreation and cultural services 77.0% 23.0% 100.0% 72.2% 27.8% 100.0% 66.6% 33.4% 100.0% 61.8% 38.2% 100.
Research and scientific institutes 71.4% 28.6% 100.0% 68.0% 32.0% 100.0% 61.0% 39.0% 100.0% 53.4% 46.6% 100.
Retail trade 73.3% 26.7% 100.0% 70.4% 29.6% 100.0% 54.2% 45.8% 100.0% 46.1% 53.9% 100.
Scientific, optical and similar equipment 57.3% 42.7% 100.0% 50.8% 49.2% 100.0% 49.8% 50.2% 100.0% 44.0% 56.0% 100.
Social and related community services 94.5% 5.5% 100.0% 93.9% 6.1% 100.0% 98.2% 1.8% 100.0% 94.3% 5.7% 100.
Specialised repair services 65.6% 34.4% 100.0% 60.9% 39.1% 100.0% 55.3% 44.7% 100.0% 49.9% 50.1% 100.
Textiles 71.3% 28.7% 100.0% 68.1% 31.9% 100.0% 60.0% 40.0% 100.0% 50.4% 49.6% 100.
Transport equipment 65.0% 35.0% 100.0% 61.1% 38.9% 100.0% 60.6% 39.4% 100.0% 51.8% 48.2% 100.
Transport, storage and communications 73.6% 26.4% 100.0% 70.5% 29.5% 100.0% 61.2% 38.8% 100.0% 54.9% 45.1% 100.
Vehicles, parts and accessories 56.9% 43.1% 100.0% 53.2% 46.8% 100.0% 47.9% 52.1% 100.0% 45.6% 54.4% 100.
Wholesale trade 68.2% 31.8% 100.0% 64.1% 35.9% 100.0% 55.4% 44.6% 100.0% 49.5% 50.5% 100.
Wood, wood products and furniture 66.9% 33.1% 100.0% 63.3% 36.7% 100.0% 56.4% 43.6% 100.0% 52.3% 47.7% 100.
Other 43.1% 56.9% 100.0% 47.8% 52.2% 100.0% 74.4% 25.6% 100.0% 84.8% 15.2% 100.
Total 73.2% 26.8% 100.0% 70.3% 29.7% 100.0% 63.1% 36.9% 100.0% 56.0% 44.0% 100.
Total 586 4,024 21,432 205 1,248 12,677 6,742 30,539 2,272 2,632 82,358 1. Includes the following sectors (as per SARS source code): Bricks, ceramic, glass, cement and similar products; Chemicals and chemical, rubber and plastic products; Clothing and footwear; Coal and petroleum products; Food, drink and tobacco; Leather, leather goods and fur; Machinery and related items; Metal; Paper, printing and publishing; Textiles; Transport equipment; Vehicles, parts and accessories; Wood, wood products and furniture; and Other manufacturing industries.
Total 0.7% 4.9% 26.0% 0.2% 1.5% 15.4% 8.2% 37.1% 2.8% 3.2% 100.
Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.
Total < 0 taxable income 65.5% 40.0% 45.6% 39.0% 28.8% 39.0% 39.8% 33.4% 29.4% 10.3% 34.
Total = 0 taxable income 14.9% 31.3% 16.6% 32.8% 50.6% 32.9% 33.8% 42.9% 48.6% 32.8% 38.
Total > 0 taxable income 19.7% 28.7% 37.8% 28.2% 20.6% 28.2% 26.4% 23.8% 22.0% 56.9% 26.
Includes the following sectors (as per SARS source code): Bricks, ceramic, glass, cement and similar products; Chemicals and chemical, rubber and plastic products; Clothing and footwear; Coal and petroleum products; Food, drink and tobacco; Leather, leather goods and fur; Machinery and related items; Metal; Paper, printing and publishing; Textiles; Transport equipment; Vehicles, parts and accessories; Wood, wood products and furniture; and Other manufacturing industries.
Total 2.4% 0.2% 7.1% 0.3% 6.8% 18.9% 2.9% 51.8% 5.1% 4.5% 100.
Total 779 5,239 22,455 1,616 1,681 14,992 10,291 32,849 2,998 3,186 96,087 1. Includes the following sectors (as per SARS source code): Bricks, ceramic, glass, cement and similar products; Chemicals and chemical, rubber and plastic products; Clothing and footwear; Coal and petroleum products; Food, drink and tobacco; Leather, leather goods and fur; Machinery and related items; Metal; Paper, printing and publishing; Textiles; Transport equipment; Vehicles, parts and accessories; Wood, wood products and furniture; and Other manufacturing industries.
Total 0.8% 5.5% 23.4% 1.7% 1.7% 15.6% 10.7% 34.2% 3.1% 3.3% 100.
Total < 0 taxable income 65.2% 38.3% 43.4% 38.4% 26.8% 36.2% 37.1% 31.2% 25.8% 8.3% 32.
Total = 0 taxable income 13.2% 32.0% 15.9% 29.6% 49.1% 32.6% 33.3% 41.1% 50.6% 39.6% 38.
Total > 0 taxable income 21.6% 29.8% 40.7% 31.9% 24.1% 31.2% 29.5% 27.7% 23.6% 52.2% 29.
Total 2.0% 0.1% 5.9% 0.3% 6.2% 17.3% 2.6% 56.2% 4.9% 4.5% 100.
Total 1,292 3,334 19,800 1,657 2,374 13,799 8,437 25,694 2,990 3,056 82,434 1. Includes the following sectors (as per SARS source code): Bricks, ceramic, glass, cement and similar products; Chemicals and chemical, rubber and plastic products; Clothing and footwear; Coal and petroleum products; Food, drink and tobacco; Leather, leather goods and fur; Machinery and related items; Metal; Paper, printing and publishing; Textiles; Transport equipment; Vehicles, parts and accessories; Wood, wood products and furniture; and Other manufacturing industries.
Total 1.6% 4.0% 24.0% 2.0% 2.9% 16.7% 10.2% 31.2% 3.6% 3.7% 100.
Total < 0 taxable income 65.0% 43.3% 45.3% 43.8% 39.4% 40.3% 45.0% 34.0% 31.3% 7.4% 35.
Total = 0 taxable income 7.2% 22.7% 6.3% 9.3% 22.7% 15.3% 16.2% 30.9% 40.7% 67.0% 27.
Total > 0 taxable income 27.7% 34.0% 48.4% 47.0% 37.9% 44.4% 38.8% 35.0% 28.0% 25.6% 36.
Total 3.0% 0.1% 8.8% 0.3% 5.9% 19.4% 2.7% 46.0% 5.5% 8.3% 100.
Total 440 5 4,024 110 1,556 3,768 5,640 8,845 590 1,458 26,435 1. Includes the following sectors (as per SARS source code): Bricks, ceramic, glass, cement and similar products; Chemicals and chemical, rubber and plastic products; Clothing and footwear; Coal and petroleum products; Food, drink and tobacco; Leather, leather goods and fur; Machinery and related items; Metal; Paper, printing and publishing; Textiles; Transport equipment; Vehicles, parts and accessories; Wood, wood products and furniture; and Other manufacturing industries.
Total 1.7% 0.0% 15.2% 0.4% 5.9% 14.3% 21.3% 33.5% 2.2% 5.5% 100.
Total < 0 taxable income 64.1% 50.0% 43.6% 41.0% 44.4% 40.7% 47.8% 41.7% 37.8% 4.4% 37.
Total = 0 taxable income 4.7% 11.1% 2.4% 4.3% 8.0% 8.4% 7.1% 9.8% 23.4% 80.3% 18.
Total > 0 taxable income 31.2% 38.9% 54.0% 54.7% 47.6% 50.9% 45.1% 48.5% 38.8% 15.2% 44.
Total 3.3% 0.0% 9.3% 0.3% 5.6% 20.3% 2.7% 40.6% 4.7% 13.2% 100.
<fn>GOV-ZA.3ef97b69d9b44526a50eaf8db3dc1578En.2012-02-10.en.txt</fn>
>As part of efforts to contribute to the annual Nelson Mandela Day, the Minister for Higher Education and Training, Dr Blade Nzimande, MP, in partnership with the South African Qualifications Authority (SAQA) and other key partners in the higher education sector, will host a career day festival at the Ingwe Further Education and Training (FET) College (Ngqungqushe Campus) in Lusikisiki, Eastern Cape, on Monday, 18 July 2011.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=20009&tid=37403 Size: 833 bytes Collection: speeches_cm?
>Good morning >The Nelson Mandela Foundation jointly with the Department of Basic Education, Lead South Africa (LeadSA), the South African Broadcasting Corporation (SABC) and Brand South Africa are set to change world history. >In what is a first >Good morning >The Nelson Mandela Foundation jointly with the Department of Basic Education, Lead South Africa (LeadSA), the South African Broadcasting Corporation (SABC) and Brand South Africa are set to change world history.
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=19947&tid=37195 Size: 2KB Collection: speeches_cm?
URL: http://www.info.gov.za/speech/DynamicActionpageid=461&sid=19845&tid=36920 Size: 2KB Collection: speeches_cm?
<fn>GOV-ZA.3feb20051En.2012-02-10.en.txt</fn>
Administrative data can reveal trends in causes of death.
In recent years, much effort has gone into improving South Africa's system of death registration. This included the redesign of the death notification form, which was first introduced in 1998.
Internationally, statistical agencies compile data from administrative records. The compilation of data on deaths is an example of this. Information on disease (morbidity) and death, including the causes of death, can usefully be used to inform public health and related social policy.
Later this month, Statistics SA will release a report on causes of death between 1997 and 2003, based on death notification forms.
There has been some controversy in the run-up to this release, with at least one newspaper hinting at possible "political interference" in the results of this exercise.
However, there is nothing intrinsically controversial in the project undertaken. The information is effectively an aggregation of individual forms. Each form is a unit record captured in a massive data base.
Any attempt to manipulate or change details could be identified and established by any competent researcher with access to the dataset - and that dataset will be freely available.
The only limit on this is that the identity of the deceased, recorded on the forms, is protected for confidentiality.
The title of the report to be released says it all: Mortality and Causes of Death in South Africa, 1997-2003. Findings from death notification.
The department of home affairs was able to supply Stats SA with over 3 million death notification forms for the period involved.
After removing duplicate forms, and excluding forms that recorded deaths outside the reference period, just over 2.87 million forms remained. Information on these forms has now been captured, and some analysis of these death records undertaken.
The data will provide information on trends and patterns regarding deaths in South Africa - at what age people are dying and what the reported causes of death are.
The release will be particularly useful to specialist epidemiologists and demographers, enabling them to undertake more detailed investigation into mortality patterns and the causes of death in South Africa.
However, data compiled from these forms have their limits: they cannot alone give death rates or infant mortality rates and other demographic data need to be used in conjunction with this study to determine such rates.
Because of a lack of standardisation of place names, information can be provided only at provincial and national levels, and this limits a detailed understanding of the spread of epidemics.
The data cannot provide the number of deaths due to HIV/Aids. It does, however, provide information on the number of cases where HIV/Aids is directly recorded on the form as the cause of death.
This large data capturing project was necessarily limited to what was recorded on the forms. Incomplete forms (for example, in large numbers of cases, population group is not recorded) impacted on the comprehensiveness of the data.
The causes of death are sometimes not recorded and for some, the cause of death had to be listed as "ill-defined".
The reported causes of death were coded using the international statistical classification of diseases and related health problems (generally referred to as ICD-10).
Tables of numbers of deaths by year, numbers and proportions for groupings according to province of death, age group, and sex were then compiled.
The numbers of deaths attributed to particular causes have also been tabulated and ranked in terms of frequency.
In order to establish the underlying cause of death, rules defined in terms of ICD-10 were applied.
These rules are used in most countries. Support was provided by the World Health Organisation and the Centre for Disease Control (CDC) in using the software system, ACME, and results obtained were verified by the CDC.
Those who anticipate that they will be able to find complex derivations indicating, for example, the prevalence of HIV among the population, or anything more than Aids mortality as recorded on the forms, are destined for disappointment.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical output, visit www.statssa.gov.za, or contact user services on (012) 310 8600.
<fn>GOV-ZA.3jul201101En.2012-02-10.en.txt</fn>
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Census 2011 Fact Box...
Census 2011 Product Development Workshops...
Stand up and be counted!
July 2, 2011 marked the 100 days countdown towards the Census 2011 count which takes place from October 10 to 31. We are 100 days from a very momentous census, the third after South Africa became a democracy, the third post-apartheid census and third after our local elections. The census is important in ensuring that the government makes decisions on the basis of evidence.
A good census provides an opportunity for policymakers to use credible information at the lowest possible level and facilitates better planning and monitoring and evaluation, where planning and service delivery counts.
This is unlike information provided by our household surveys which accounts for performance at the provincial level.
As we mark the 100 days, the messages for Census 2011 are both about census enumerators and households.
Enumerators will be tasked with enumerating everyone within the borders of South Africa. Our messages target households so that the respondents open their hearts and their doors and ensure that they are counted.
This countdown provides a platform for Statistics SA's mass communication campaign which highlights mechanisms for dialogues with the country about Census 2011.
A population census is the most complex and massive exercise a national statistical office undertakes, and for many people the census may be the only time that the state reaches them and collects information from them. It requires that the country is mapped and divided into enumeration areas.
This has already been done and the country is now divided into 103 576 enumeration areas. It also requires that a questionnaire be developed and printed, and this has already been done.
There are three types of questionnaires that will be used: First, will be for people who will be in households on census night; questionnaire B is for people in transit and on holidays on the reference night and questionnaire C is for populations that will be in collective living quarters on census night.
The Statistics Act of 1999 gives the statistician-general or officials delegated by the statistician-general the right to enter premises and collect data and in the same act respondents are obliged to answer questions. In this regard the obligation of the statistician-general is to ensure that questionnaires and other field materials used by Stats SA are in the language that the respondent understands.
It is for this reason that the questionnaire for census 2011 has been translated into the 11 official languages and people who will prefer to enumerate themselves will also have a self-enumeration guide in all the official languages.
Our census messages are also translated into the official languages.
Census taking requires that a huge number of people be appointed and Census 2011 has already deployed 124 district census co-ordinators. About 5 500 fieldwork co-ordinators will be appointed in August. A total of 30 000 supervisors and 120 000 fieldworkers will be appointed for the numeration period.
We have received a total of 192 000 applications for these posts and we are verifying qualifications and obtaining security clearance for criminal records. We are also in the process of identifying where we have gaps so that we can start with targeted recruitment.
Census 2011 has obtained training materials and these will be used at 3 000 training centres across the country. To this end we have developed fieldwork training manuals and we are finalising our verbatim training guide and training slides.
By the end of August a Census 2011 training video will be produced.
The 100 days countdown propels our publicity campaign to greater heights to encourage all households to participate.
This will pave the way for our enumerators to reach all corners of the country. Plans are in place to ensure that there is a co-ordinated interface between the respondent and the enumerator.
In September we will be putting up posters of the enumerators who will be counting you in the areas where you live.
Census 2011 is a community-centred project and we urge you to work with us towards success. This project is for citizens who choose to live a better life. A successfully executed census depends on all of us.
Pali Lehohla is statistician-general of South Africa and head of Statistics SA.
<fn>GOV-ZA.3jun20041En.2012-02-10.en.txt</fn>
How can a survey covering only a small sample allow for findings to be made about the total population?
A good example can be found in Statistics SA's recently released general household survey.
The way the sample for the survey is constructed is critical in assessing the credibility of the information.
For the 2003 survey, a multi-stage stratified sample was drawn using probability proportional to size principles.
This sample was drawn from the master sample that Stats SA uses for its regular household surveys.
The master sample is drawn from the database of enumeration areas established during the demarcation phase of the population census. Small enumeration areas are combined to form primary sampling units of at least 100 households.
The sampling procedure involves explicit stratification by province, and urban and non-urban areas. For the general household survey, 3 000 sampling units were selected. In each selected unit a systematic sample of 10 dwelling units was drawn, resulting in a sample of about 30 000.
Once the information has been collected, it is then weighted to population estimates. Thus, one can comfortably say that one element in a sample represents a specified number of elements in the population with similar characteristics.
However, sample surveys always involve some margin of error. The measure usually used to indicate the probable difference between a sample estimate and the corresponding total population figure is the standard error.
The first is the sample size. Generally speaking, the larger the sample size, the more precise the estimate and the smaller the standard error.
Consequently, in a national survey, one expects more precise estimates at the national level than at the provincial level.
The second factor is the variability between households of the parameter of the population being estimated - for example, the number of unemployed people in the household. The way this standard error is calculated is demonstrated in Stats SA's report on the survey.
The general household survey itself collected information on a variety of subjects including education, health, employment, births, access to services and facilities, the environment, and quality of life.
As a result, it provides data that can be used to measure the trajectory of development and the impact of various government programmes and projects, especially when comparing the 2002 and 2003 surveys.
The results of the 2003 general household survey provide a good example of the way in which a survey based on a small sample can be used to identify important trends among the population as a whole.
Pali Lehohla is the statistician-general and head of Statistics SA. For more information on Stats SA and its outputs, including the report on the general household survey, visit www.statssa.gov.
<fn>GOV-ZA.3mar20051En.2012-02-10.en.txt</fn>
Yesterday, Statistics SA released the latest information for motor, retail and wholesale trade sales.
Retail trade sales increased by 10.
Motor trade sales increased by 17.
Wholesale trade sales increased by 13.6 percent.
Economists watch these results carefully as they provide important performance and trend indicators for the economy as a whole.
Data from these trade sales surveys are used to compile estimates of the gross domestic product and its components, which are used in monitoring the state of the economy and in the formulation of economic policy.
Each of the three areas is surveyed monthly. For the motor trade, the enterprises surveyed include motor vehicle dealers, filling stations and workshops; motor cycle dealers; spares and accessories; tyre dealers; automotive electricians; radiator repairs; panel beaters and spray painters; other specialised motor repair services; and other motor trade.
The survey is conducted by mail, and questionnaires are sent to a sample of about 600 enterprises from a population of about 11 000 enterprises.
The motor industry is divided into four size groups.
Size group one, which comprises about 50 percent of the enterprises in the current sample, is completely enumerated.
Simple random sampling is applied to group two (medium-sized) enterprises, and to size groups three and four (small) enterprises.
The total value of sales of the large enterprises (size group one) in a division is added to the weighted totals of size groups two, three and four to reflect the total value of sales.
The wholesale trade includes the resale (sale without transformation) of new and used goods and products to other wholesalers, retailers, and agricultural, industrial, commercial, institutional and professional users either directly or through agents on a fee or contract basis.
This survey covers wholesale trade on a fee or contract basis; foodstuffs, beverages and tobacco; livestock and farm products; textiles, clothing and footwear; furniture and household requisites; office and shop equipment, books and stationery; diamonds, jewellery and silverware; pharmaceutical and chemical products; construction and building materials; machinery and equipment; and miscellaneous.
Questionnaires are sent to a sample of about 800 from a population of about 19 000 enterprises. The wholesale industry is divided into four size groups.
All large enterprises (size group one), which comprise about 60 percent of the enterprises in the current sample, are completely enumerated.
Simple random sampling is applied to groups two (medium-sized) enterprises, three and four (small). The total value of sales of the large enterprises (size group one) is added to the weighted totals of size groups two, three and four to reflect the total value of sales.
The monthly retail trade survey covers butchers; general dealers; bottle stores; dealers in clothing, footwear and textiles; dealers in furniture and household requisites; bookstores and stationers; jewellers; chemists; dealers in miscellaneous goods; and repair of personal and household goods.
Questionnaires are sent to a sample of about 3 000 from a population of about 28 000 enterprises.
The retail industry is also divided into four size groups. All large enterprises (size group one), which comprise about 11 percent of the enterprises in the current sample, are completely enumerated.
Simple random sampling is applied to size groups two (medium-sized), three and four (small) enterprises.
The total value of sales of the large enterprises (size group one) is added to the weighted totals of size groups two, three and four to reflect the total value of sales.
How accurate are the data presented All sample surveys are subject to sampling variability. This means that data presented might differ from the figures that would have been produced if the data had been obtained from all enterprises in the relevant industries. Estimates are therefore subject to sampling errors?
Inaccuracies may also occur because of imperfections in reporting by enterprises and errors made in the collection and processing of the data. Inaccuracies of this kind are referred to as non-sampling errors.
Every effort is made to minimise non-sampling errors by careful design of questionnaires, testing them in pilot studies, editing reported data and implementing efficient operating procedures.
Figures released for the latest month (December 2004 in this case) are preliminary, and fluctuations may occur in consecutive months as a result of seasonal and economic factors.
Pali Lehohla is South Africa's statistician-general and head of Statistics SA. For more information on Stats SA and its statistical outputs, including yesterday's releases on retail, wholesale and motor trade sales, visit www.statssa.gov.za, or contact user services on (012) 310-8600.
<fn>GOV-ZA.3ministersiceloshiceka2En.2012-02-10.en.txt</fn>
Lynne Brown, Western Cape Minister of Finance, Economic Development and Tourism, invites the media to the launch of the Learning Cape Festival, an initiative to fight unemployment and encourage life-long learning. The idea is that the initiative will put the Western Cape on a development path that begins to address the 24% unemployment rate prevalent in the Province.
URL: http://www.info.gov.za/speeches/2004/04081208451009.
Having recognised this, the Department of Trade and Industry has now established a National Oil and Gas Task Team. In a short space of time the organisation must draw up a plan that markets the Western Cape as a venue with outstanding ports that can serve the offshore oil and gas industry. The establishment of COGSI is a signal of our commitment to make the Western Cape more prepared for the benefits presented by the oil and gas boom along the West Coast of Africa.
URL: http://www.info.gov.za/speeches/2004/04083112451004.
Lynne Brown, Western Cape Minister of Finance, Economic Development and Tourism, to meet members of South African team to Chelsea Flower Show 18 May 2004 Lynne Brown, Minister of Finance, Economic Development and Tourism, will tomorrow (Wednesday) attend a sending-off ceremony for the South African team to the upcoming Chelsea Flower Show. A photo opportunity with members of the South African team and exhibit has also been organised for tomorrow.
URL: http://www.info.gov.za/speeches/2004/04051813451002.
URL: http://www.info.gov.za/speeches/2004/04112510451004.
Western Cape Minister of Finance, Economic Development and Tourism invites the media to a press conference to announce details and the allocation of R50 million for the small business sector. Premier Ebrahim Rasool and the beneficiaries of the fund will also attend the news conference. There will be a photo opportunity of the Premier, MEC Brown and the beneficiaries of the fund before the media conference.
Ladies and gentlemen in recent years, the Western Cape has seen immense international interest in the region from travellers, tourism industry product providers, and local service providers. Just recently my department together with ACSA, and Cape Town Routes Unlimited hosted an Airline destination workshop focussing on how we can nurture growth in the destination and make ourselves desirable for tourism investment by airline operators and others.
<fn>GOV-ZA.3ministersiceloshicekaEn.2012-02-10.en.txt</fn>
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<fn>GOV-ZA.3overEn.2012-02-10.en.txt</fn>
Since 1994, in line with the Reconstruction and Development Programme (RDP), government has set out to dismantle apartheid social relations and create a democratic society based on equity, non-racialism and non-sexism. New policies and programmes have been put in place to dramatically improve the quality of life of all South Africans.
meeting basic needs building the economy democratising the State and society developing human resources and nationbuilding.
Black people were denied the franchise, society was divided along racial lines, and the social exclusion and neglect of the majority was a matter of State policy.
South Africa's first democratic election on 27 April 1994 was a historic culmination of a peaceful transition from the oppressive apartheid regime to a democratic government founded on the fundamental principles of freedom, equality and justice for all, among others.
Economically, the country was isolated and the economy was in crisis. Growth declined to below 1% per annum in the decade before 1994, and by the early 1990s had come to a standstill.
Public-sector debt was ballooning out of control.
The police and justice system violated most human and civil rights and was mainly used to defend apartheid. The South African Defence Force was fighting a low-intensity war against the liberation movement. Until after the 1994 election, parts of the country lived under a state of war, and assassinations and bombings of political opponents were rife.
Governance was largely defined by a national-security doctrine with little respect for the rule of law. The State became more isolated, more corrupt and more dependent on extra-judicial measures to sustain itself. By the late 1980s, the country had become ungovernable, the social fabric torn apart by apartheid and social conflict.
Government has been assessing how far it has achieved its objectives in the past decade. It has also begun to assess the challenges of the next decade. This review is focused on government's performance.
Land restitution Claims lodged Claims settled Hectares restored 68 878 3 9640,23 million 32 525 0,27 million 68 878 36 489 0,57 million and culture; universities; professionals and the intelligentsia; trade unions; and the private sector will make their own assessments. These, together with government's review will help the nation evaluate itself in the first decade of freedom.
The review is based on research by people inside and outside government. Departments were also asked to assess their own performance. A detailed report is available at South Africa Government Online (www.gov.za).
In assessing the change, the review uses the best statistics available. But so great are the differences between the apartheid State and the democratic State that direct comparisons are often impossible. The official statistics of the past also underestimated the impact of apartheid on the majority of South Africans by excluding the so-called 'independent' Bantustans.
The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996), and over 780 pieces of legislation have created a framework for reshaping South Africa.
Bantustan and central government civil services have been integrated into a single public service. Representivity targets have almost been met - Africans make up 72% of the Public Service but there should be more women in senior positions and people with disabilities.
The Public Finance Management Act, 1999 (Act 1 of 1999), and a medium-term budget cycle have improved accountability, budgeting and financial management.
Access to services is being improved by Multi-Purpose Community Centres (one per district by the end of 2004 and expanding to each municipality in the next decade), the introduction of Community Development Workers and the e-Government batho pele (people first) Gateway.
Policy and implementation are more integrated thanks to government's Cluster approach, provincial co-ordination, Integrated Development Plans in local government and the recently introduced National Planning Framework. There are still serious capacity problems affecting especially provincial and local service delivery and in central government middle management.
A Code of Conduct for the Public Service is now part of the regulations for every public servant. The 1999 National Anti-Corruption Summit created a powerful platform for the National Campaign Against Corruption and helped establish whistle-blowing mechanisms, special corruption courts and the National Anti-Corruption Forum. New laws to fight corruption include the Promotion of Access to Information Act, 2000 (Act 2 of 2000), and the recent Prevention of Corruption Bill.
The National Directorate of Public Prosecutions and South African Police Service (SAPS) have acted against corrupt officials and white-collar crime. About 80% of corruption cases in government reported in the media are discovered by government.
Programmes to alleviate poverty have improved the lives of millions.
Social grants, formerly allocated on a racial basis, have been equalised and extended to all who are in need and eligible. Beneficiaries have increased from 2,6 million in 1994 to 5,1 million in 2003. The poorest 20% of households receive the largest amount from grants. However, the full impact will only be realised when all those who are eligible are registered.
Electricity, water and sanitation - As the table on page 52 shows, many more people have access to these basic services.
Education - Adult literacy is up from 83% in 1996 to 89% in 2001, and for 15- to 24-yearolds from 83% to 96%. The matric pass rate rose from 54% in 1996 to 69% in 2002.
Primary healthcare has expanded, with free healthcare for women and children under six. Upgrading and building new clinics have resulted in 701 additional clinics.
The integrated nutrition programme, which reached 89% of the targeted learners in 1994, now reaches 94% or 4,58 million children.
Government's comprehensive response to HIV and AIDS has expanded rapidly. Expenditure increased tenfold from R30 million in 1994 to R342 million in 2001/02, and is set to increase tenfold again to R3,6 billion in 2005/06. HIV infection, after rapidly increasing in the 1990s, stabilised after 1999 - 22,4% in 1999, 24,5% in 2000, 24,8% in 2001 and 26,5 in 2002. For pregnant women under 20 years, the infection rate has decreased consistently for the last few years.
South Africa Yearbook 2003/04 to 65% between 1996 and 1999, but treatment interruptions and transfers have kept cure rates below the targeted 85%.
Over 1,9 million subsidies have been approved for new houses, and 480 000 houses built in the apartheid era have been transferred to occupants under the discount benefit scheme.
Between 1994 and 2002, some 0,5 million hectares (ha) were restored through land restitution while 1,8 million ha were distributed.
Access to means of communication has grown rapidly - by 2001, 32% of households had cellphones, 42% access to land lines, 73% had radios in the home, and 54% television sets. Plans are under way to fully implement the constitutional recognition of all 11 languages of South Africa as official languages.
Discriminatory laws have been repealed. New measures to prevent social exclusion include tenure and land reform; steps towards gender equality, including recognition of customary marriages; employment equity; maternity benefits; recognition of surnames; attending to sexual harassment; and affirmative action. Specially targeted programmes protect the elderly, people with disabilities and children, as well as vulnerable workers such as domestic and farm workers.
Government has focused on fairer distribution of rights of access to natural resources and benefits of conservation areas.
Government's economic policies have turned around an economy that was in crisis. Almost continuous growth since 1994 has created jobs, but not enough to keep up with the increasing number of people looking for employment.
Stability - Government's policies have freed resources for social expenditure by reducing the interest it has to pay on debt. The Budget deficit fell from 9,5% in 1993 to 1% in 2002/03, and public-sector debt fell from 60% to 50%.
Investment - Investment has been low (16 - 17% of Gross Domestic Product) compared with successful developing countries, but has begun to improve in the last three years.
Growth - Negative per-capita growth in the decade before 1994 has changed to average growth of 2,8% a year since then. Real growth per person in South Africa has increased just over 1% per year since 1994.
Employment - Between 1995 and 2002, the number of people employed grew by 1,6 million from 9,6 million to 11,2 million. However, the number of people unemployed also grew by 2,4 million because many more people were seeking work. While many unskilled workers are unemployed, there are also shortages of skilled workers in many sectors.
Trade reform and industrial restructuring - Government's industrial policy and efforts to promote an international trade environment that favours development have improved the balance of trade and brought a shift to higher valued-added exports.
Labour legislation - Great progress in labour relations laws has given employers and employees more certainty and security in their relationship. This is reflected in the huge fall in person-strike-days per year.
Restructuring has focused mainly on telecommunications, energy, defence and transport. The aim has been to broaden access to services; reduce costs and raise revenue to reduce public debt, at the same time minimising the impact on employment; and promote Black Economic Empowerment. In the process, R24 billion has been raised to reduce public debt, and shareownership has been widened. Lowering costs and improving service quality will require further improvement in the regulatory environment.
Initiatives such as the Small Business Council, Khula Enterprise Finance Corporation and Ntsika Enterprise Promotion Agency have made some impact, but not enough.
Government has directed resources towards education and skills training and set up Sector Education and Training Authorities (SETAs) for each sector of the economy, financed by a skills levy on the pay roll. Although the SETAs have been slow in meeting their objectives and employers slow to take advantage of them, performance is improving.
Empowerment in the workplace is continuing, albeit slowly. Black people in top management grew from 12% to 13% between 2000 and 2001; and in senior management, from 15% to 16%. Black ownership of public companies was 9,4% in 2002 compared with 3,9% in 1997 (and was virtually non-existent before 1994). The figures for women in the workplace are not much different.
Transformation and integration of a crime prevention system that once focused on shoring up apartheid has helped to all but end political violence, deal with terrorism and stabilise crime. But better service delivery needs more capacity-building, citizen involvement and eradication of corruption. Moral regeneration and nation-building are also essential for effective crime prevention.
The National Crime Combating Strategy ('Operation Crackdown') is beginning to make an impact. Serious crime levels in South Africa are continuing to come down or stabilise.
Except for robbery and malicious damage to property, most of the 20 categories of serious crime have either stabilised or decreased since 1994.
Since 1994, murder has decreased by 30,7%.
Though the trend of robberies has continued to increase, almost 50% of robberies now relate to cellphone theft or misplacement, with high reporting rates for insurance purposes.
High-profile robberies (vehicle hijacking, hijacking of trucks, cash-in-transit robbery and bank robbery) have come down significantly since they were first recorded in 1996.
The Integrated Justice System has brought about shorter cases, better-quality dockets and higher conviction rates (up from 78% in 1999 to 81% in 2002). The introduction of Saturday and additional courts has helped.
Attacking the causes of crime is part of the national strategy requiring further implementation, including the social crime-prevention initiatives that are part of Integrated Rural Development, Urban Renewal and Moral Regeneration.
Community policing has made policing more effective. Community Police Forums and the partnership with Business Against Crime have reduced street crime by 80% in targeted city centres.
Prison overcrowding is being relieved by opening new prisons, alternative sentencing, correctional supervision, an awaiting-trial prisoner project, parole, and an improved rehabilitation programme. Escapes were reduced from 1 244 in 1996 to 325 in 2002.
The incidence of rape increased by 10% after 1994, then stabilised for some years and in 1999 began to decline once more to 1994 levels.
Action against criminal syndicates helped to bring down vehicle hijacking by 33,7% and bank-related crimes by 52,2% since 1996 - and white-collar crime by 24% since 1994. Over 200 syndicates were neutralised out of the 300 that were identified and investigated.
The South African National Defence Force has assisted the SAPS in controlling borders, resulting in the deportation of thousands of illegal immigrants and the confiscation of stolen vehicles and illegal firearms. New controls and upgrading of infrastructure at ports of entry will combat cross-border crime and other threats to national security.
Violence in the taxi industry has been curbed by more effective regulation and prosecution of perpetrators, though sporadic attacks and extortion of funds from members of taxi associations continue.
Over 80 000 illegal firearms have been destroyed. New measures include regulating ownership of legal firearms and reducing the number of illegal firearms.
Urban terrorism in the Western Cape was ended by co-ordinated operations and the conviction of perpetrators, but socio-economic factors that sustain gangsterism and violence still need attention. Right-wing terrorist plans were uncovered in 2002, leading to the confiscation of weapons, prevention of assassination plans, and more than 20 prosecutions. The Government is implementing United Nations (UN) resolutions relating to international terrorism.
South Africa's post-1994 success in defining its place in the world is remarkable given its size. This required thoroughly revising the mission of national security and the principles underpinning the country's international relations, as well as transforming South Africa's institutions to align them with the new democracy.
South Africa has normalised its relations with the world and is actively promoting its own interests and those of the South in all significant regional, continental and multilateral institutions.
The country has hosted many international conferences and events since 1994. These include the Non-Aligned Movement (NAM) Summit (1998), Commonwealth Heads of Government Meeting (1999), UN AIDS Conference (2000), UN World Conference Against Racism (2001), World Summit on Sustainable Development (2002), and the African Union (AU) Summit (2002).
Overview been actively imaging, branding and marketing South Africa, both directly and by supporting initiatives like Proudly South African, hosting hallmark events, and creating the International Investment Council, Inter-national Marketing Council and International Task Force on Information Society and Development.
Tourism has surged - from 5,7 million international tourist arrivals in South Africa in 1998 to 6,4 million in 2002.
Trading networks and markets have been expanded and diversified through, among others, bilateral and multilateral negotiations and expanding relations with South America, Asia and Africa.
A democratic South Africa has promoted regional integration in the context of the Southern African Development Community (SADC) and the New Partnership for Africa's Development (NEPAD). The restructuring of SADC will provide member states with a comprehensive development agenda.
South Africa played an active role in reconstituting the Organisation of African Unity (OAU) into the AU as a more effective continental body, and developing NEPAD as the AU's socio-economic programme. The African Peer Review Mechanism has been established as a voluntary mechanism to ensure that policies and practices of participating states conform to the Declaration on Democracy, Political, Economic and Corporate Governance.
Since 2001, South Africa has worked to keep Africa and the South on the G8 agenda, and engaged with international financial institutions to promote a global financial system more favourable to developing countries.
Some 30 bilateral agreements have been signed for S&T in the past nine years. There are several major S&T initiatives in South Africa with strong international participation, including the HIV/AIDS Vaccine Initiative.
South Africa works with other African states and multilateral organisations like the UN, OAU/AU and SADC to promote international respect for human rights, democracy and good governance. South Africa has been part of regional and continental initiatives to assist the Zimbabwean people to resolve their problems, and has assisted with peacekeeping in Ethiopia/Eritrea, the Democratic Republic of the Congo and Burundi.
In order to advance the interests of developing countries, South Africa has worked to promote a rules-bound international political and economic order; and to transform North-South relations through dialogue while consolidating South-South collaboration by participation in groupings like the NAM, United Nations Conference on Trade and Development, SADC and the AU.
The next decade's challenges arise from lessons learnt in the first decade of freedom and new challenges created by the first stage of transformation.
There has been considerable progress in building a new constitutional order, three spheres of government and more integrated administration - but many areas of service delivery require much improved performance by the Public Service.
There has been great extension and deracialisation of social services, with striking impact on women's rights. However, many people entitled to grants are still unregistered or poorly serviced.
What difference are government interventions making in the lives of the poor?
People's means of living depend on income from wages and other economic activity together with the 'social wage' (the impact of social spending including social grants and access to social services - education, healthcare, water, sanitation, electricity, etc.).
Since 1993, government's social spending has shifted to the poor. Between 1993 and 1997, social spending increased for the poorest 60% of households - especially the poorest 20% - and decreased for the 40% who are better off. It increased for Africans and decreased for others. It increased three times more in rural areas than metropolitan areas, and doubled in other urban areas.
To see the impact of social spending, look first at distribution of income alone and then add the value of benefits from social spending.
The Gini coefficient measures income inequal-ity - 1,0 for extreme inequality and 0,0 for complete equality. In 1993, social spending made almost no difference to the Gini coefficient (it was 0,68). In 2000, it was 0,57 for income alone, but became 0,35 when social spending was included.
Social services are improving the quality of life of the poor and reducing inequality.
human resource development, restructuring of State-owned enterprises, equity and empowerment. Government has had even less success in areas depending significantly on private-sector and civil-society investment and employment creation.
National security has been enhanced, the rule of law established, and institutions transformed. However, due to aspects of the social transition, insufficient civil-society involvement, and new forms of organised crime, the gains in crime prevention could have been better.
Internationally, government has made progress beyond its limited resources as the country has reintegrated in the international arena.
Four social trends in the first decade of freedom shape the challenges ahead.
Households - From 1996 to 2001, the South African population grew 11% from 40,4 million to 44,8 million. The number of households grew by 30% from 9,7 million to 11,8 million, as households became smaller. 'Unbundling' of households, together with freedom and improvement in the quality of life, are resulting in fewer extended families.
Economically active population - The population grew by about 2% a year from 1995 to 2002 but the economically active population grew by about 4% a year - from 11,5 million to 15,4 million. The number of jobs grew by 12% (after accounting for jobs lost) but the economically active population grew by 35%. New job seekers are not only young adults but also older people who in the old order did not consider themselves part of the labour market, many of them African women from rural areas.
Economy - While all the main sectors grew between 1995 and 2002, there was a shift from public services, construction and mining to financial and business-service sectors (where employment doubled).
Overview consolidating 'two economies' in one country. One is advanced and skilled, becoming more globally competitive. The second is mainly informal, marginalised and unskilled. Despite impressive gains in the first economy, the benefits have yet to reach the second economy, which could fall even further behind without decisive government intervention.
Migration - There has been a shift from rural to big urban areas. Twenty per cent of people in the main urban areas are new migrants. This adds pressure on urban service delivery and economic opportunities, and causes loss of people and opportunities in rural areas. It affects social relations and links to authority structures, reducing the potential for people to interact on a collective basis.
The impact of these trends is likely to be compounded depending on what happens with HIV/AIDS and other demographic factors.
These social trends, added to the apartheid backlog, help to explain the scale of the past decade's challenges and some of the limitations in progress, for example in unemployment, poverty alleviation and combating crime. Nevertheless, there has been significant progress in dealing with these problems.
As South Africans enter the second decade of freedom, the global environment is uncertain, with increasing tension, unilateralism and unresolved international trade issues. But despite this, there are also new opportunities for developing countries to assert their interests.
While many current developments contain seeds for Africa's marginalisation, there are opportunities for the continent to mobilise support for its plight and that of the other poor regions. Among governments and citizens of developed countries there is potential to focus attention on the common objectives of humanity contained in the UN Millennium Declaration. South Africa's history, its location, the size of its economy in the continent, and its current endeavours and outlook equip it to play a critical role in this regard.
The experience of a decade of reconstruction and development, social trends and the global context point to some major challenges as the country enters the second decade of freedom.
If South Africans are to make continued progress towards the fundamental objective of a united, non-racial, non-sexist and democratic society - then they need a major intervention to reinforce the consolidation of democracy with measures aimed at integrating society into a growing economy from which they can benefit.
a framework defining a shared destiny, as a basis for social partnership better performance by the State addressing consequences of the social transition improving the southern African environment and implementing NEPAD.
<fn>GOV-ZA.3rdafricaeusummitEn.2012-02-10.en.txt</fn>
Partnerships o Peace and security o Democratic governance and human rights o Trade, regional integration and infrastructure o Millennium Development Goals o Energy o Climate change o Migration, mobility and employment o Science, information society and space o How does it work?
This website is managed jointly by the African Union Commission and the European Commission.
<fn>GOV-ZA.3rdannualsouthafricantechnologynetworkconfeceEn.2012-02-10.en.txt</fn>
Thank you for the opportunity to address you at your third annual conference. We are at an important juncture in the process of creating an integrated and differentiated post-school education and training system. Your discussions at this conference must contribute towards this process, particularly the role of universities of technology in the higher education and training family.
Our government, and our partners, are constantly looking for better ways to educate our people and structure our education and training system so that our school leavers, postschool youth, and adults -the employed as well as the unemployed -can gain access to further and higher education training opportunities. Furthermore, South Africa is an everchanging place; politically, demographically and technologically within a world that is becoming an increasingly competitive economic global environment and we need to make sure that we develop our people with the relevant skills.
We have to build a nation with functional and intellectual capability that is committed to lifelong learning, but also increase the skills base of our workforce, thereby increasing our chances for success in the global community. Trade and economic viability are becoming increasingly important in all countries around the world. As a result, Human Resource Development is becoming an integral part of any country's ability to sustain development. However, there is an urgent need to emphasize the importance of connecting the human resource development initiatives with our education policy and other developmental strategies across all spheres of government. Interfacing the programmes of my department with the range of social and economic development strategies across all spheres of government is necessary in order to a lign education and training to our overarching Human Resources Development Strategy (HRD-SA).
We are creating the necessary synergies through the signing of delivery agreements with the President. The over-arching framework for all our targets is HRD-SA, led by the Deputy President and managed by the Department of Higher Education and Training. The HRD-SA will improve alignment and ensure that all players in human resource development from government, universities, civil society sectors, organised business, labour, professional bodies and research communities reinforce and complement the work of others.
Education and human resource development have been identified by the government as key strategies for South Africa's development as it focuses on how to re-organise the education system into an integrated post-school system as well as developing the workforce. The government has identified the establishment of a skilled and capable workforce to support an inclusive growth path as one of the desired outcomes of its five-year strategic plan and which now sets the agenda for the work of my department.
This target was set to systematically strengthen the skills and human resource base of our country. We are drawing on the knowledge, ability and experience of all stakeholders in the sector in a partnership to tackle our skills development challenges. Our point of departure is simple: education and training is a common public good which must not be sold and traded as a commodity, where only those with money and other resources will be able to afford it.
Only by providing equal opportunities for all, irrespective of social background, can we contribute towards building a nation in which everyone has a stake and a common loyalty.
Therefore my department will need to develop close cooperative agreements and relationships with a wide range of stakeholders to meet the strategic objectives of the plan. This year, we have held three summits on higher education transformation, FET Colleges and skills which provided platforms for dialogue among all constituencies. The summit on skills was specifically convened, bringing together the education and training institutions, the SETAs, professional councils, employers and the labour movement, to secure a commitment and workplan to advance our country's skills development agenda.
Ladies and gentlemen, it goes without saying that the Universities of Technology (UoTs) as key role-players in the post-school system and in particular skills development. Training future technicians and technologists through their career focused programmes, especially in the areas of engineering and the built environment should be the first priority of UoTs.
In this regard, the National Human Resource Development Strategy provides a wide scope for the role that UoTs can play in meeting the human resources needs of the country. To accelerate the training output in the priority areas of design, engineering and artisans that is critical to the manufacturing, construction and cultural industries has been stated as a key priority in the HRD-SA. The UoTs have to increase the annual output of engineering technicians, technologist and design graduates as well as develop progression learning pathways for artisan graduates. The articulation possibilities between the FET and HET sectors within an integrated post-school system is far from finalised, but hopefully this conference can contribute to improve the progression of learners and a fruitful partnership with the FET colleges which I believe is on the agenda of this conference.
To accelerate the number of new training graduates in priority economic sectors identified in ASGISA and the NIPF and IPAP is another strategic priority of the HRD strategy. The contribution of the UoTs towards increasing the supply of appropriately qualified people to meet the human resource demands in the areas of ICT, automotive, component manufacturing, chemicals, plastics, fabrication, pharmaceuticals, forestry, pulp, paper and furniture, tourism, bio-fuels, diamond & jewellery designs, agro-processing and the film & television industry. These are critical scarce skills that have been prioritised for the country and I do not think that there is any institutional type better positioned to provide this service than Universities of Technology.
Broadly stated, increasing access to high level occupationally-directed programmes within the fields of Engineering Sciences, Animal and Human Health, Natural and Physical Sciences and initial Teacher Education has been identified as one of the priorities that are important to sustain and develop our economy. The UoT sector is generating currently a third of the graduates within the fields of Science, Engineering and Technology.
Our development agenda remains the central focus of public policy and forms the basis of collective endeavour in all spheres of our society. This cooperative venture cannot be achieved without the purposeful leadership and participation of all social partners, universities, national, provincial and local government departments, and also immensely important industry, business and commerce. There is a dire need within government and amongst the national government departments such as the Departments of Higher Education and Training, Science and Technology, Trade and Industry, Health and Science councils and funding agencies to achieve coherence at the level of policies as a way of maximising the probability of attaining the desired impact. National and regional collaborations amongst and within our higher education institutions should be forged, guided by the imperative not only to strengthen the partner institutions' capacities in certain disciplinary areas, but also advance the imperatives of the skills development agenda.
In order for South Africa to stimulate its economic growth rate, it needs to prioritise postgraduate training. It should be noted that in all successful emerging economies especially those that have a high growth rate of between 6% -12%, the quality of these countries national post-graduate education system has played a key role. The universities, in particular the research at master's and doctoral levels, have spurred innovation and development. Therefore the future shape of South Africa's Science and Technology will depend on our effort to increase the research, development and innovation in human resources. In order to achieve a growing knowledge economy we need to increase the graduate output of our Honours, research masters, doctoral and post doctorate students. It is no coincidence that Sasol and Eskom employ the largest number of PhDs of any organisation in the country, and their successful expansion and growth depends on the effectiveness of our post-graduate training system. In order for this national priority and focus to be achieved, there is a need for the University sector and the industry to work together and share resources, including laboratories.
Against this background, real benefit to society occurs when government, the higher education sector and industry collaborate in a meaningful way and leverage resources from each other to meet individual and universal goals. The UoTs have recently been at the forefront with various technology and innovation projects , demonstrated when the Minister of Science and Technology unveiled a hydrogen powered bicycle designed and developed by students of the Tshwane University of Technology at the recently held Recteza Conference. The bicycle known as " A hi fambeni" - which means "Let's go" was developed by TUT in partnership with the Department of Science and Technology and Hydrogen South Africa and managed by the Resource Driven Technology Concept Centre (RECTEZA), which is a non-for-profit-organization. This project is a demonstration of an "academia-industrypublic " initiative that developed a rural transport system, addressing the problems of poverty and livelihood in SA through a culture of cutting-edge research, innovation and technology concept development which also can lead to commercialisation.
Cape Peninsula University of Technology also became the first university in the country to develop an innovative prototype of a new kind of Solar Water Heater System in collaboration with The Hague University where the system is intended to uplift low-income communities by providing them with their own hot water system. It is these kinds of projects that are exciting, especially when you compare South Africa with the developed countries.
Inter-institutional collaborations between traditional universities and UoTs need to be emphasised. A clear example is the recently acceptance of the Central University of Technology as the only UoT to be a full member of the National Medical Device Innovation Platform.
Another remarkable example is the launching in May this year of the World's first modern General Aviation engine which runs on a range of fuels. It was developed in partnership with the Universities of Technology and a Durban based company ADEPT. This ADEPT 320T engine can operate on more environmentally friendly alternatives like bio fuel or liquid petroleum gas (LPG).
Therefore in order to guarantee constant development, continuous contact between government, business and industry through strategic partnerships is urgent. By forging strategic partnerships locally and internationally, it can broaden the resources that researchers need to foster and expand South Africa's research and technological innovation capabilities and, ultimately, improve the quality of life for all. Partnership initiatives work best when there are clear incentives for each of the parties to participate. Leveraging the resources of all parties can be attractive.
It has been increasingly recognised that another important role of universities, is building the economy and improving societal conditions through innovation. California in the United States, for example, has achieved considerable economic success through technological innovation and the formation of businesses based upon those technologies which started with agriculture and the mechanical arts well over a century ago. This role has been well appreciated in California for the electronics, software, biotechnology and communication industries, and in other areas such as health care and agriculture. The broadest contributions of California universities, to the state are the educational development of the populace and the flow of graduates at all degree levels to positions in business, government, universities, and self-employment. The California biotechnology industry provided 60,000 jobs at an average salary of $71,000 . Licenses to technology from the University of California were held by 82 biotechnology companies. As is shown by the measures of success described, the most universal contributions of universities to innovation are the flow of university graduates to both new and established technological companies, along with the flow of academics themselves to these companies as both founders of start-up ventures and ongoing consultants.
South Africa as a country with a relatively small economy on a world scale, has over the years, achieved significant global recognition for important contributions to technological innovation. Many of these achievements, however, were made in other countries. South Africa is ranked 39 th out of 162 countries in terms of technological achievement. It is clear that we are still largely perceived as an adopter rather than innovator of technology. To retain our global player status, we must do more to augment the imported and implanted technologies with technologies developed in South Africa. We must also develop technologies which others are keen to import from us. The imperative is to create environments that spur innovation and exploit intellectual property, to feed the technology commercialisation value chain that will ensure revenue generation. In the coming decades, the intellectual property of this country is going to be a fundamental ingredient of competitiveness. Clearly we need to do a great deal more to create and sustain competitive advantage in the international market place.
The South African government is well aware of the need to stimulate entrepreneurship, innovation and growth amongst knowledge-intensive businesses. Science and technology education, innovation and commercialisation are integral components of our National System of Innovation (NSI). The key challenges are adequate funding, skilled human resources, improved Research and Development (R&D), and protecting and exploiting intellectual property. While there have been significant increases in the expenditure on R&D -now R10,1billion from the public and private sectors -this will need to result in an adequate level of utilisation to impact on the economy.
A number of agencies have been created to support SMMEs and most of our universities have launched technology transfer and commercialisation offices. The Gauteng Provincial Government, through Blue IQ, took a bold step in 2000 when it announced the development of The Innovation Hub as one of its major projects to stimulate economic growth in the province. The local development is built on extensive international learning and benchmarking and as a result, has been awarded full membership of the International Association of Science Parks (IASP), the first in Africa.
Countries that fail to nurture innovation activities will find themselves in direct competition with newly industrialised countries as the latter increasingly apply existing technologies and business methods. The development and exploitation of new products, processes, services and systems and the constant upgrading of those which a country already possesses is the only way in which countries can maintain and increase their levels of economic and social prosperity. Thus the impact of innovation on productivity and growth creation is not limited to the initial introduction of new products, processes, services and systems, but also to the subsequent diffusion of new technology throughout the economy.
As government we are aware of the enormous pressure that the universities of technology have. We are aware that without a deep-rooted culture of research, universities of technology increasingly find it difficult to produce or contribute to national research at the same level as traditional universities. Therefore the DHET in consultation with the sector is looking into creative ways of assisting the universities of technology to develop their capacity in many respects in the context of limited resources. I hope that this conference will come up with concrete, workable proposals as to how we could make positive and productive interventions. Despite this need to expand research and improve its quality, I should still emphasise what I said earlier that training of future technicians and technologists through their career focused programmes should be the first priority of UoTs.
What do we need to do differently We need to identify and remove blockages to the scarce skills supply and find creative solutions to expand access and to develop institutional forms that can raise the base of educational level and meet the demand for access to education and training for economic inclusion. We need to improve industry linkages to maximise work integrated learning and work placements, supervised professional experience, improved levels of applied learning and increase levels of industry experience and knowledge of lecturers in scarce skill disciplines. Understanding that the institutions have limited capacity to absorb more students or to respond to needs, I want to urge the UoTs to improve access and strengthen the relationship between the FET college sector in order to facilitate articulation and progression in certificate and diploma programmes?
This being said, I would urge our Universities of Technology to make it their priority to build their academic staff capacity to produce quality graduates at undergraduate and gradually increase their research and innovation capacity. This also means the development of a new generation of academics. It is also important, in the context of limited resources for the institutions to channel their resources and build strengths in niche areas. It is not helpful to spread resources widely especially in areas that we know for certain that we do not have capacity both in terms of infrastructure and qualified staff.
In conclusion, ladies and gentlemen, it is important to highlight the importance of a strong, sound and visionary institutional leadership to help us overcome some of these challenges. In order for our institutions to fulfil their core mandate of teaching, research and community engagement, we should all be pulling in the same direction. I wish you fruitful deliberations, and as I said earlier, I hope you would be able to come up with concrete proposals to assist us with interventions that will help to put our universities of technology at the centre of education, technological development and innovation.
I am of the firm belief that dialogue among stakeholders and between them and the government is not something that should only take place only at conferences or at summits. For it to be effective it needs to be ongoing and meaningful supported by policies and practices.
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Meanwhile the Premier expressed satisfaction with the way the people of the North West gave expression to the spirit of Madiba during the week.
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At the outset, let me congratulate the organizers of this colloquium for the brave initiative to publicly engage on the important yet challenging issue of racism in higher education. Engagements such as this, particularly involving a network of academics and scholars, are vital to the health and sustenance of our democracy and assist in the maturing of our society.
Fifteen years since the dawn of democracy, it is appropriate and very necessary to debate and examine our progress in unraveling the vestiges of apartheid in all sectors of society. While we have made tremendous strides in transforming our society according to democratic values and principles, we cannot be under any illusion that discrimination in all its manifestations has been expunged.
The Report on Transformation, Social Cohesion and the Elimination of Discrimination in the Higher Education Sector therefore sought to establish the nature and extent of racism and racial discrimination in public education institutions and in particular university residences.
Up to the release of the report, there has not been a body of knowledge analyzing the progress of transformation in higher education institutions or any measure of the prevalence of discrimination. Therefore, prior efforts to engage on the issue were based on anecdotal evidence and presumption. The Soudien report now provides a profound insight into a sphere hitherto protected from such scrutiny.
The conclusion of the committee, though not unexpected, lifted the lid on a shameful feature of higher education institutions in South Africa.
"It is clear from this overall assessment of the state of transformation in higher education, that discrimination, in particular with regard to racism and sexism, is pervasive in our institutions," the report stated.
The committee also said in the report that there was a disjuncture apparent between institutional policies and the real-life experiences of staff and students.
One of the key findings of the committee was that though the demographic composition of the student body has changed significantly with black students (i.e. African, Indian and Coloured) constituting the large majority of head count enrolments, there continues to be significant inequalities in relation to the participation rate and throughput and success rates, as well as access to postgraduate programmes. The committee also found that progress in student equity -limited as it may be -has not been matched by progress in staff equity.
Thus the findings of the report present us with a litany of challenges. In order for us to analyse and engage on the Soudien report it is necessary to examine the context in which discrimination is perpetuated and to ground the findings in the broader social and political context of our society.
Ladies and gentlemen, in my view, our democracy is threatened by the very things we seek to overcome - racism, sexism and class inequalities. These three issues, while deeply integrated, are not the same things. They are each distinctive forms of discrimination and cannot be reduced into one another. And they each cannot be fully understood outside of the others.
In the course of national dialogue, racism is often viewed primarily from the prism of the apartheid legacy - merely a handover from the past. This in my view is a false notion. However despite progress made since 1994, racism is continuously reproduced by, not least, the continued existence and perpetuation of class and gender inequalities as well as patriarchy.
Racism manifests itself in different forms - both covert and overt. Whilst overt forms of racism have not disappeared, they have certainly receded. Acts of explicit bigotry are sporadic and when they come to light, they are met with commensurate public outrage.
It is covert forms of racism which remains prevalent in all sectors of society and which has proved to be most challenging.
The incident at the Reitz residence at the University of the Free State , which gave rise to the investigation by the Soudien committee, reflected both overt and covert racism. The shocking abuse of black women workers was done privately but recorded on video with the aim of spreading a particular attitude towards Africans.
In recent weeks we have witnessed a raging public debate stemming from comments I made regarding access to post school education for students who do not get a matric exemption. Under the guise of trepidation over the supposed lowering of standards and a fallacious idea of a free-for-all higher education system, we have seen naked fear embedded in racial and class interests.
While this issue requires thorough public debate, it is disingenuous in the extreme to our society as a whole and the next generation of school leavers to undermine proposals to expand access to higher education in order to keep it as the preserve of the privileged.
Ladies and gentlemen, we face a new danger now that some of the cornerstones and principles of our democracy are being used to perpetuate racism. Rights and principles entrenched in our Constitution can be manipulated to discriminate against sections of society.
The one distinct example of this is around language and arguments for the continuation of single medium schools and Afrikaans only universities. The proponents of these campaigns use constitutional rights guaranteeing the existence of all official languages to perpetuate the exclusion of, and racism against, black students.
Discrimination comes in many guises and pretexts which therefore requires us to continuously unmask and expose it. We also need to show the one-sided emphasis on rights at the expense of responsibility for what it is - an attempt to evade accountability in the transformation process.
In this regard, academic freedom is sometimes advanced as an excuse to counter the responsibility to transform higher learning institutions and to sustain racial, patriarchal and elitist predispositions. While academic autonomy should remain a hallmark of our institutions of higher learning, it should not be used to escape the responsibilities of transformation.
We have seen similar arguments about independence used to resist transformation of other key institutions of society such as the judiciary and the media. We are currently witnessing a campaign by those opposed to the transformation of the judiciary who argue against the President's right to make key appointments.
With regard to the media, there is a distinct lack of scrutiny and debate on the issue of diversity. It is no secret that the media in South Africa does not reflect the voices nor serve the interests of the majority of the citizens. In fact, it does not even aspire to do so and panders unashamedly to class and financial interests. This disjuncture between the media and the views of the majority was evident in the results of the April elections.
Perhaps it would be helpful to other sectors of society grappling with transformation to have the kind of open engagement and examination provided by this colloquium.
Ladies and gentlemen, we should be under no illusion that there are some in our society who are deeply opposed to transformation and who will find any and every excuse to hinder its progress.
The honourable Wilmot James of the Democratic Alliance has for example questioned the methodological basis of the Soudien report in order to undermine its findings and divert from the reality of racism in higher education institutions. This is a disgraceful attempt to pander and protect his new constituency, as if there is only one methodology of arriving at the truth.
Even without the valuable insights provided by the Ministerial committee, it is evident that black students are in the minority in the fields of accounting and financial studies, as well as the scarcity of black scholars and researchers. This shows that the system still leans towards patriarchal, racial and elitist forms of knowledge production.
While some would place the blame for this on the schooling system, the challenges we confront in basic education cannot be a cover for the discriminatory practices in higher education institutions.
Colleagues, following the release of the report, you will be aware that I wrote to the Chairperson of Councils to invite responses to the findings. I await their concrete recommendations on how to remedy the problems identified and advance the transformation process.
We have also proposed the establishment of institution-based monitoring mechanisms. I urge this forum to engage on this issue in particular and come up with proposals as to what form these monitoring mechanisms should take and how they should operate.
Concurrently, we will work towards setting up a national ministerial monitoring mechanism which would process information from the institutional units.
You will also be aware that I have announced that a higher education stakeholder summit will be convened early next year to consider among other things the recommendations of the various institutions on the Soudien report. The summit will discuss the state of transformation in higher education, identify ways to accelerate the process and possibly look into the development of a transformation charter.
It is my intention that the summit will result in the establishment of a national stakeholder forum for higher education where all these issues can be discussed and debated on a continuous basis. Through this forum, I hope that we will be better prepared to anticipate problems in the transformation process and tackle them holistically rather than to react to individual incidents and issues.
Ladies and gentlemen, I look forward to the outcome of deliberations from this colloquium in also guiding us on this arduous journey to systematically free our institutions of higher learning of discrimination. With your help and input, we are a step closer to reaching our common goal to create institutions we can truly be proud of.
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She said justice system has dedicated courts and the South African Police Service (SAPS) personnel are also trained to ensure that the best protection is provided to children.>"In observing the International Children's Day, the Ministry for Women, Children and Persons with Disabilities will on 1 June launch the Children's Rights and Responsibilities Development programme for 2010 FIFA World Cup and beyond.
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>Christmas and New Year celebrations should not be about abuse of alcohol and drugs as this leads to the neglect and abandoning of children, Minister of Women, Children and Persons with Disabilities said today.>Minister Noluthando Mayende-Sibiya was addressing an event organised by her department in Escort, KwaZulu-Natal to encourage all South Africans to care for vulnerable children elderly and persons with disabilities.
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>Speaking at the launch of the Seaego Cares Aid Centre in Johannesburg this morning, Noluthando Mayende-Sibiya, Minister of Women, Children and Persons with Disability, expressed her concern at the high cost of assistive devices for persons with disability.
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Minister of Women, Children and Persons with Disabilities Noluthando Mayende-Sibiya urges all 1,2 million government employee to undergo an HIV test in support of the country's HIV and AIDS counselling and testing (HCT) campaign.
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N Mayende-Sibiya on Mothers Day messag?
Today we salute all the women who brought us to this world and natured us into the human beings that we are today.
We honour you for delivering life to this world, for raising your children to be the best people they can be. You are the central pillar of your families and a source of strength for your children.
Today, we honour you for all the support you have provided to your children, protecting them from all kinds of harm.
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Minister Mayende-Sibiya was addressing the national event to mark International Children's Day (1 June) in Cape Town today.
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International Nelson Mandela Day brought light to pupils of Macacuma in Sterkspruit as MEC for Social Development and Special Programmes handed over 30 computers to five schools.
On this day, all South Africans are expected to spend 67 minutes doing something good for the disadvantaged as Mandela spent 67 years for the liberation of the country.
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In celebration of Nelson Mandela Day 2011, the Gauteng Department of Education (GDE) afforded a number of learners from various schools in Daveyton, Ekurhuleni Municipality, an opportunity to make their 67 minutes worthwhile on 16 July 2011.
Schools coordinated a well marshaled carnival set up by the Department of Sports from the Katlego Primary School, in which various cultural groups were represented.
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The honourable MEC for Health Mr Sicelo Gqobana led the department to celebrate Nelson Mandela s 93rd birthday in the community of Xonxa in Lady Frere. Celebrating the former statesman s birthday, the MEC also handed out blankets to the excited villagers who performed stimulating songs to demonstrate their appreciation.
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The Master Systems Plan (MSP) Programme Unit is responsible for ensuring that all ICT systems within Parliament conform to the Enterprise Architecture standards and are integrated in such a way as to reduce duplications and to promote the sharing and reuse of information. The following two posts are within this Unit.
All-inclusive package: R453 294 per annum (Ref.
The successful candidate will provide Information Architecture services for the development and maintenance of Information Systems in Parliament. Key performance areas: â Building and maintaining an Enterprise Information Architecture â Classifying information â Developing Information Management standards for Parliament â Assisting with development and operation of Management Information and Decision Support Systems. Candidates must have a Grade 12 or NQF Level 4 and relevant degree or diploma in Information and/or Enterprise Architecture Development, with 5 years' experience in Information Management and/or Enterprise Architecture Development and Management. Skills requirements include: â Knowledge of institutional computing systems â Knowledge of Business Process Modelling â Knowledge of Data and Information Architecture â Knowledge of Information Modelling â Knowledge of Management Information and Decision Support Systems â Project management and negotiation skills â Sound verbal and written communication skills â Sound organisational and administrative skills â Sound interpersonal skills â Computer literacy â Ability to work under pressure â Sound planning skills.
Business Analyst All-inclusive package: R453 294 per annum (Ref. LC06/2008) The successful candidate will provide Parliament with Business Analysis services within the ICT spectrum. Key performance areas include: â Acting as a conduit between Business Units and ICT â Developing Business Cases â Analysing and documenting current systems and future client requirements using appropriate skills and tools â Performing process and data modelling â Supporting systems development processes â Conducting and/or supporting testing and quality assurance processes â Conducting and/or supporting change management processes â Conducting and/or supporting the monitoring and evaluation processes of project management.
Candidates must have a Grade 12 or NQF Level 4 and Information and Communication Technology degree/diploma, with at least 3 years' relevant experience. Skills requirements include: â Understanding of the Software Development Life Cycle â Knowledge of project management principles â Good communication skills, both written and verbal and ability to interact with a diverse range of colleagues â Attention to detail â Problem solving ability â Ability to successfully engage in multiple initiatives simultaneously â Ability to work independently with users to define concepts or under direction of project managers. Please submit detailed applications, including full personal and career details relevant to the position (ie including certified copies of qualifications), with contactable referees, via e-mail to recruitment@parliament.gov.
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Radio 2000 SABC SM: W/M National LSM 1-3 16.5% LSM 4-6 12.5% LSM 7-10 71.1% 100% Black Audience 21,000 36% White Audience 38,000 64% 59,000 R 953,618 R 16.
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An environment conducive to sustainable life.
To promote environmental integrity that supports human well-being and economic efficiency towards sustainable life in the Western Cape.
Environmental impact assessments/development applications.
Geographical Information Systems (GIS).
Law enforcement (Green Scorpions).
Embed sustainability in the Western Cape that allows it to grow and develop in such a way that it mitigates and allows for adaptation to climate change.
Provide leadership and innovation in environmental management and development planning.
Enhance the lives of all people through facilitating sustainable living.
Contribute to economic growth as well as participation in, and access to, the environmental economy.
Many of the publications of the department are in pdf format. To view these files you may need to first download Acrobat Reader.
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Leadership has received much attention in both the business world and education. My thesis explores effective educational leadership through examining the management and leadership challenges that face principals in a multi-grade school. Schools in sparsely populated rural areas in Namibia have had to resort to multi-grade teaching to be able to be economically viable. Hard economic realities force people to move to bigger towns and cities. The constant demand for better schools, effective principals, qualified teachers and an improved service to the communities coupled with the demand for better working conditions and salaries for teachers drained the education budget even further. To keep in line with the four major policies of education namely equity, access, quality and democracy, the operation of smaller, rural multi-grade schools has become a necessity. The alternative - which is to close smaller schools and operate fewer, bigger schools at an affordable and reasonable cost - would deny rural communities access to schooling. This thesis is a case study of the leadership and management challenges of multigrade schooling in a single school. The goal was to understand how education managers and leaders perceived their role in making it possible for teachers and learners to cope with multi-grade teaching. I worked in the interpretive paradigm to be able to interpret the social and cultural context of a rural, multi-grade school in the Karas region. The methods included questionnaires, interviews and observation. One of the leadership models universally considered to be available to principals of multi-grade schools is instructional leadership. My study revealed that the concept was unknown to teaching staff, although there were indications that the model had been encountered. My findings also revealed that the communication between colleges of education and the regional education department staff was very limited. One of the major issues that arose was that principals were so occupied with teaching that important issues about training/evaluation and supervision of teachers, the 'visibility' of the principal, setting and implementation of the aims and goals of the school and regular communication with parents and community leaders were neglected. Probably the most significant finding was that head teachers are not trained in the management of a multi-grade school, hence most if not all of the head teachers run multi-grade schools like a single-graded school. The single most important problem was that the importance of multi-grade teaching had never been highlighted, particularly in light of new staffing norms, in spite of the fact that it was a phenomenon that was likely to be a permanent arrangement.
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To establish a South African Judicial Education Institute in order to promote the independence, impartiality, dignity, accessibility and effectiveness of the courts by providing judicial education for judicial officers; to provide for the administration and management of the affairs of that Institute and for the regulation of its activities; and to provide for matters connected therewith.
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The Western Cape Department of Agriculture provides a wide range of development, research and support services to the agricultural community in the Western Cape.
The department's administrative headquarters is situated on the historic farm of Elsenburg in the picturesque Boland region, while we also accommodate new and commercial farmers at research farms, Further Education and Training Centres, extension offices, state veterinary offices and animal health technicians situated throughout the province.
About 45% of South Africa's agricultural exports move through the province and the value added in the sector amounts to more than R14 billion per annum.
The agricultural sector not only stimulates economic growth in the province, it also plays a major role in creating sustainable job opportunities.
The department's service area covers approximately 13 million hectares, of which 2 million hectares are under cultivation and 320 000 hectares are under irrigation.
The Western Cape Department of Agriculture has a direct or indirect influence on the production of wine, deciduous fruit, citrus, grain, fynbos, vegetables, ostriches, small and large stock, as well as milk and dairy products.
The Western Cape has a Mediterranean climate with an average rainfall, which ranges from well over 1 000mm per annum in some mountainous areas in the south and eastern regions, to less than 150mm over parts of the Karoo and the north-west regions. This great variation in rainfall and soil types contributes to the wide variety of crops grown in the province.
Technology development (research) for the animal and crop producers in the Western Cape.
Agricultural advice and guidance to the agricultural community and all users of natural resources.
Providing agriculture infrastructure to qualifying farmers.
Agricultural training, higher education as well as Further Education and Training.
Conservation of natural resources.
Agricultural engineering services.
Analytical services at our plant pathology and water and soil laboratories.
Diagnostic and analytical services at our veterinary laboratories.
Veterinary health services.
These services are delivered through six programmes.
Department of Agriculture website: www.elsenburg.
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A safer open opportunity society for all, free of the fear of crime.
The Department of Community Safety will promote freedom and opportunity for all the people of the province by improving efficiency and effectiveness in the field of safety and security through a process of civilian oversight, integrated community safety strategies and designs, traffic safety promotion and security risk management.
Monitoring policy implementation of law enforcement agencies.
Strengthening community policing partnerships.
Design of safety models.
Traffic law enforcement (provincial traffic).
Road safety education.
Provincial security operations.
Security advisory services.
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The Western Cape Education Department seeks to ensure that all learners of the Western Cape acquire the knowledge, skills and values they need to lead fulfilling lives, and to contribute to the development of the province and the country.
The department divides the Western Cape into seven districts, and educates close on 900 000 learners in a year, with a staff of around 30 000 educators.
General education and training.
Further education and training.
Adult basic education and training.
The on-line "Find-a-School" search facility.
A database of media releases.
Educational resource materials.
Circulars and minutes.
A database of education-related legislation.
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The Department of Communication successfully presented its Annual Report at the Portfolio Committee on Communications in Parliament, Cape Town on 13 October 2010.
The Annual Report was noted by Members of Parliament as an honest reflection of progress made in the year under review.
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The Minister of Communications, General (Ret) Siphiwe Nyanda will officially switch on the television base station at the Agter Witzenberg community hall in the Cape Winelands district municipality, Western Cape tomorrow.
The Minister of Communications General Siphiwe Nyanda has noted the final report of the Public Protector following an investigation into an allegation of a breach of the Executive Members' Ethics Act of 1998 and the executive ethics code.
>The Minister of Communications General Siphiwe Nyanda has the pleasure to announce Dr Stephen Sipho Mncube as the new chairperson of the communications regulator, the Independent Communications Authority of South Africa (ICASA).
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The road does not end here!
"What an amazing campaign. We've seen so many people coming to us asking for help in dealing with maintenance issues. We've also had maintenance defaulters, coming forward to rectify their own situations, in a bid to make a change. Please remember that even though the campaign comes to an end on December 10, 2010, my department will continue its work, to ensure that those who need help receive it. You are reminded to call us on 0800 220 250 to get the help you need!" For more information on 16 Days of Activism.
In addition to these key focus areas, the department also co-ordinates, funds and maintains a number of services, projects and facilities. Search the funding database.
A self-reliant society.
To ensure the provision of a comprehensive network of social development services that enables and empowers the poor, the vulnerable and those with special needs.
The above functions are often performed in partnership with other government departments, local authorities, private welfare agencies and a range of non-governmental organisations.
The provincial Department of Social Development has handed over the disbursement of social security (welfare) grants to the South African Social Security Agency.
The only grant it still manages is the Social Relief of Distress Award, which is a temporary grant of up to three months, awarded only in times of crisis or in the interim period before an applicant receives a permanent grant.
All welfare grants are now centrally managed by SASSA.
Consolidated Regulations to Children's Act No.
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URL: http://www.info.gov.za/speeches/2007/07091014151002.
South Africa still maintains one of the best quality tap water in the world; and the Department of Water Affairs and Forestry monitors and works closely with the municipalities that supply the water to households to ensure clean drinking water. The Department of Water Affairs and Forestry also has a contact centre for people to call to alert us of water leaks.
URL: http://www.info.gov.za/speeches/2008/08021215151001.
URL: http://www.info.gov.za/speeches/2009/09033110151001.
South Africa, through the Department of Water Affairs and Forestry (DWAF), is participating in the fifth World Water Forum (WWF) in Istanbul Turkey from 16 to 22 March 2009. Minister Lindiwe Hendricks is leading a delegation comprising senior officials including the Director-General of the Department of Water Affairs and Forestry to the forum this week. The World Water Forum is a triennial event organised by the World Water Council.
N Mayende-Sibiya on protection of children during 2010 world cup class="MsoNormal">Minister for Women, Children and Persons with Disabilities Noluthando Mayende-Sibiyasays parents have legal obligation to work together with government to ensure protectionof children as school holidays have been extended due to the hosting of the 2010 FIFA Soccer World Cup.
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The 419 scam is a worldwide scam, which has run since the early 1980s under Successive Governments of Nigeria.
The target receives an unsolicited fax, email, or letter often concerning "over-invoiced" or "double invoiced" oil, or other supply and service contracts where the writers want to get the overage out of South Africa, or any other country.
They would then be soliciting the victim's assistance in getting the money out of the country.
At some point, the victim is asked to pay up front an Advance Fee of some sort, be it an "Advance Fee", "Transfer Tax", "Performance Bond", or to extend credit, grant COD privileges, whatever. If the victim pays the Fee, there are many "Complications" which require still more advance payments until the victim either quits, runs out of money, or both. If the victim extends credit he/she is then left with no Effective Recourse in respect of monies he/she has paid.
Please mention whether or not you have incurred any financial loss.
Last modified: 29 July 2009 08:55:03.
The website will resize according to your computer's screen resolution settings, with the smallest screen resolution of 800x600 pixels.
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It is the Department's intention to give preference to women and disabled people in filling of the following posts. Therefore, applications mostly from females and people with disabilities are encouraged.
Salary Package: An all inclusive remuneration package of R685 200 p.a.
Requirements and Competencies: A recognized Bachelor degree / National Diploma in any of the Social Sciences, and /or Public Management This position calls for a strategic thinker, a resourceful facilitator with good interpersonal skills Sound understanding of the functions of intergovernmental structures that promote cooperative governance and integrated planning / delivery; Proven managerial capabilities, administrative and organizational skills Ability to interact at high level while maintaining sound, interpersonal relations; Knowledge of government policies and prescripts Sound understanding of the Monitoring and Evaluation environment Proven skills in communication both written and verbal; and Computer literacy.
Competencies: Strategic capability and leadership Financial management People management and empowerment Programme and project management Communication Client orientation and customer focus.
Duties: Develop and Maintain systems to ensure the timeous submission of quality progress reports across all the spheres of the department Provide support to the all components in setting-up policy implementation monitoring & evaluation, and reporting systems Provide technical support for setting-up monitoring & evaluation structures & systems across the department Assist in the development & standardization of monitoring & performance reporting tools Provide assistance in ensuring validity & reliability of all data / information reported in the quarterly progress reports & build capacity when & where necessary Implement best practices & develop project plans to reach set levels of performance Manage relationships with stakeholders to assist in the monitoring & evaluation of the department's performance.
Short listed candidates will undergo Process of Security screening (vetting) and competency assessment.
Requirements: An appropriate Bachelor's Degree or equivalent qualification with relevant experience gained in a management capacity At least 3 years experience in supply chain and or logistics management or a related discipline Communication skills (written and verbal) Computer literacy Knowledge of supply chain management, logistics or financial accounting systems Extensive knowledge of relevant prescripts Project management Financial management Analytical skills Asset management Knowledge of PFMA and Treasury Regulations.
Duties: Management of the entire supply chain management unit Formulate policies around the implementation of the supply chain management in the department Give advice to the Departmental Bid and specification committees Make sure that the committees get the administration support from the supply chain management unit Report progress to Treasury on the implementation of the supply chain management Serve as a member of the Departmental Bid Committee Continuously give update on the new developments of the supply chain management Ensure that subordinates get training Ensure discipline amongst subordinates Tender and contact administration Responsible for proper functioning of the supply chain management unit in the department.
Salary Package: R406 839-R479 238 p.a.
Requirements: Matriculation with Internationally recognised certificates such as A+, N+, CCNA or MCSE / MCITP. 3 year Tertiary Qualification in ICT or Electronics would be an added advantage 5 Years experience in the field of LAN Design and commissioning and / or 5 years experience in the field of Wide Area Network design and commissioning Good knowledge in Information Management, Systems and Technology (IMST) planning process for an organisation with specific emphasis on network architecture and security architecture Extensive and expert knowledge in VoIP, Converged network, Local Area Network design including core, distribution and access layer infrastructure, Virtual Private Networks (VPN), business continuity practices, cabling standards and related policies and legislations Understanding of PFMA, treasury regulations, Preferential Procurement Policy, Supply Chain Management Policy, Public Service Act and Regulations and Promotion of Access to Information Act A valid driver's license is compulsory.
Duties: Render strategic leadership, general administration, co-ordination, HR management and financial management Manage the, design, implementation and monitoring of LAN infrastructure, IP telephony and other audio communication infrastructure projects Optimise both the passive and active elements of the departmental LAN and Communications Networks Research and Development of policies, procedures, norms and standards for LAN infrastructure WAN connectivity management plan, install, maintain and monitor WAN connectivity lines in all offices Manage the maintenance of LAN Communication infrastructure including Videoconference/communication infrastructure and solutions Contract management of 3rd Party Vendors.
Salary Package: R406 839 - R479 238 p.a.
Requirements: Matriculation with internationally recognised certificates such as A+, N+, CCNA or MCSE / MCITP 3 year Tertiary Qualification in ICT or Electronics would be an added advantage 5 Years' experience in the field of network administration services in any network operating system Extensive and expert knowledge in any Network Operating System and its directory services and mail server and client solutions (preferably Microsoft Active Directory and Microsoft Exchange) Extensive knowledge in Storage Area Network and Virtualisation Extensive knowledge in Information System Security and related policies and legislations Good knowledge in Information Management Systems and Technology(IMST) planning process for an organisation with specific emphasis on network architecture and security architecture Understanding of PFMA, treasury regulations, Preferential Procurement Policy, Supply Chain Management Policy, Public Service Act and Regulations and Promotion of Access to Information Act A valid driver's license is compulsory.
Duties: Render strategic leadership, general administration, co-ordination, HR management and financial management Administration and maintenance of mission critical web and database servers (predominantly Microsoft, some Linux) hosted mainly within the data centre in Bhisho, some hosted in the regions of the Eastern Cape Configuration and set-up of all new server systems required either internally for the department's activities or for external clients Firewall administration and overall internal network security Administration of network operating system and email servers (predominantly MS Active Directory and MS Exchange) for company-wide email and for management of email handling systems for clients across many domains Maintenance of existing Anti-Spam and anti-virus systems and the setting of new Anti-Spam policies Manage Network Communication Services and undertake Research & Development Render Microsoft Enterprise Agreement Administration services Manage 3rd Party Vendors as and when required.
Requirements: A 3 year Tertiary Qualification in Information Systems/Computer Science Post Graduate qualification in Information Systems will be an added advantage 5 years relevant experience, 3 of which must be management experience in the knowledge and information management field Extensive and Expert knowledge in Development technologies, tools & middleware, databases and web & portal technology (preferably VB. Net, ASP. Net, MS SQL and Open Source Technologies) Extensive and expert knowledge in business analysis techniques, knowledge management, business intelligence and business continuity practices Good understanding of e-government policy, Minimum Inter Operability Standards (MIOS) and Government Information Security Standards Good understanding of the Systems Development Life Cycle Understanding of PFMA, treasury regulation, Preferential Procurement Policy, Supply Chain Management Policy, Public Service Act and Regulations and Promotion of Access to Information Act A valid driver's license is compulsory.
Duties: Render strategic leadership, general administration, co-ordination, HR management and financial management Render system/business analysis services to line functions to design User Requirement Specifications (URS) to develop new and upgrade of systems and manage SDLC process Ensuring that application projects are managed and administered in line with prescribed standards and procedures, and are delivered to the agreed scope, timescales and costs Development, implementation and maintenance of application software and applicable documentation across systems Provide analytical support to the DRPW, reviewing identified problem areas and/or changes in business requirements, and proposing changes to systems and/or business processes to ensure the business is making most effective use of IS systems Render departmental web/portal design, development and implementation Provision /coordination of technical support and ensuring technical stability of application systems Research on new systems development tools Alignment of systems to Departmental strategic directions, Provincial and National strategic directions Ensure availability, integrity, access, storage and security of all data within the department through the creation of an integrated knowledge management service and a Business Intelligence function The leadership of project teams ensuring delivery of objectives through the effective co-ordination of any DRPW and/or 3rd party resource assigned Provide IT Service and system administration tasks not assigned to 3rd party support, including application configuration, ensuring the maintenance of any Service Level Agreements in place Organise and deliver training and supporting documentation to DRPW staff when required to ensure the most efficient use of IS systems.
Requirement: Relevant Bachelor's Degree or equivalent with Management Accounting or Accounting as a major and/or extensive relevant experience A leader and innovative thinker who understands the Finance and Supply Chain Management environment in the Region Ability to work with a diverse team Knowledge of appropriate legislation, such as the Public Finance Management Act, National Treasury Regulations and the Preferential Procurement Policy Framework Act Ability to interpret the acts and regulations governing Financial and Supply Chain Management Ability to deal with members of the public, local authorities and stakeholders Ability to budget accurately for the Component and District as an entity Computer literacy and ability to work on the Microsoft Office suite of programmes (eg. Word, Excel, Power Point and Outlook) as well as BAS, LOGIS and PERSAL.
Duties: Report to the Senior Manager Manage the Logistics Management Sub-directorates Compile and implement a logistics management Perform logistics management services Manage Stores and Warehouses Manage the vehicle fleet Perform accounting control services Provide general auxiliary and office services Provide guidance to districts with regard to the management of assets Manage the Performance System as it relates to sub-ordinates Assist Head Office with the implementation and monitoring of asset management-related projects Promote and implement capacity building initiatives for staff and stakeholders Investigate opportunities and manage the implementation of projects Assist in planning, organisation and co-ordination in the Region Manage and co-ordinate Revenue and Debtors Unit Ensure efficient records management of all Revenue and Debtors documents Ensure that there is efficient Revenue and Debtors management Manage the analysing of the receipts issue with bank deposits reconciliation of revenue collected with the prescribed systems (PERSAL, BAS and LOGIS) Manage follow up of revenue discrepancies and under collections Supervise and manage performance and development of staff Perform statutory reporting activities for the Finance Management Sub-directorate.
Requirements: Relevant Bachelor's Degree or Senior Certificate with 10 years experience in the related field A leader and innovative thinker who understands the Human Resource Management environment in the Region Ability to work with a diverse team Knowledge of appropriate legislation, such as the Public Service Act, Basic Conditions of Employment Act, Labour Relations Act, PFMA Ability to interpret the acts and regulations governing Human Resource Management Ability to deal with members of the public Ability to budget accurately for the Component and District as an entity Computer literacy and ability to work on the Microsoft Office suite of programmes (eg. Word, Excel, Power Point and Outlook) as well as BAS, LOGIS and PERSAL.
Requirements: Relevant Bachelor's Degree or Senior Certificate with 10 years experience in the related field A leader and innovative thinker who understands the Financial Management environment in the Region Ability to work with a diverse team Knowledge of appropriate legislation, such as the PFMA and National Treasury Regulations Ability to interpret the acts and regulations governing Financial Management Ability to deal with members of the public Ability to budget accurately for the Component and District as an entity Computer literacy and ability to work on the Microsoft Office suite of programmes (eg. Word, Excel, Power Point and Outlook) as well as BAS, LOGIS and PERSAL.
Duties: Report to the Senior Manager Manage the Financial Management Sub-directorates Compile and implement Financial management policies and procedures Perform Financial management services Manage Budget Control, Expenditure and Liabilities and Revenue and Debtors Manage the Performance Management and Development System as it relates to sub-ordinates Manage the Budget Assist Head Office with the implementation and monitoring of financial management-related projects Promote and implement capacity building initiatives for staff Investigate opportunities and manage the implementation of projects.
The Provincial Administration of the Eastern Cape is an equal opportunity, affirmative action employer.
Applications must be submitted on form Z83, obtainable from any Public Service Department and should be accompanied by original certified copies of qualifications, Identification Document, A valid driver's license where required and comprehensive CV. The first page of the Z83 form must be appropriately filled or else applications will not be considered.
Applications for all the posts in Head Office and In House Construction Grahamstown / Graaf-Renneit / Umthatha should be forwarded for Attention: Head of Department, Department of Roads and Public Works, Private Bag X0022 Bhisho 5605 or should be hand delivered at Room 2-09, Qhasana Building, Independence Avenue, Bhisho.
Enquiries can be directed to Mrs N. Yokwana @ 040 609 4699 or Mr L. Bana 040 609 3116 or Ms N.A.
NB: No faxed, e-mailed or late applications will be considered.
Communication including correspondence will only be entered into with shortlisted candidates. Recommended candidates will undergo comprehensive reference checks which include qualification verification and Personnel Suitability Checks.
<fn>GOV-ZA.4200En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.4201En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.4202En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.4204En.2012-02-10.en.txt</fn>
<fn>GOV-ZA.4209mdbpretationmrlmahlanguEn.2012-02-10.en.txt</fn>
URL: http://www.info.gov.za/speeches/2003/03121209461005.
<fn>GOV-ZA.42570En.2012-02-10.en.txt</fn>
When a business creates value around an idea, process, brand or product is can protect this value and prevent other people from benefiting from it financially by registering their intellectual property rights.
<fn>GOV-ZA.427756gcisEn.2012-02-10.en.txt</fn>
Administration 112.5 111.4 - 1.1 139.4 123.
Policy and Research 18.9 18.9 - - 20.0 21.
Government and Media Liaison 24.3 23.9 - 0.4 25.6 27.
Provincial Coordination and Programme Support 57.3 57.2 - 0.1 62.2 66.
Communication Service Agency 52.8 52.0 - 0.9 55.2 61.
International Marketing and Media Development 182.7 - 182.7 - 195.6 167.
Government Publication 33.4 33.4 - - 35.1 37.
Total expenditure estimates 482.0 296.7 182.7 2.5 533.1 504.
Website address www.gcis.gov.
The aim of the Government Communication and Information System is to provide a comprehensive communication service on behalf of government to facilitate the involvement of the majority of South Africans in governance, reconstruction and development, nation building and reconciliation.
Purpose: Provide for the overall management of the department.
Purpose: Conduct communication research to provide communication advice on governance. Monitor the development and implementation of government programmes from a communication perspective.
Purpose: Coordinate effective, integrated and comprehensive communication and media liaison services across government.
Purpose: Promote development communication. Strengthen the government communication and information system in all spheres of government. Facilitate the establishment of Thusong service centres to make services and information more accessible to the public, particularly disadvantaged communities.
Purpose: Provide core communication services to the Government Communication and Information System and other government departments, both in-house and outsourced.
Purpose: Market South Africa internationally. Promote local media development and diversity.
Purpose: Create a communication vehicle that provides citizens with information on economic and other opportunities and how these can be accessed.
The Government Communication and Information System is primarily responsible for a communication system for informing the public about government policies, plans and programmes, with an emphasis on socioeconomic development and direct dialogue, especially with people in disadvantaged areas.
The department markets South Africa abroad through the International Marketing Council. It promotes media development and diversity through the Media Development and Diversity Agency, a statutory development agency which aims to enable historically disadvantaged communities to gain access to the media by developing community and small media.
Key priorities over the medium term include providing ongoing communication support for, among other government targets, the millennium development goals, the Accelerated and Shared Growth Initiative for South Africa, the 2010 FIFA World Cup, and the five-year strategic agenda for local government. Over the short to medium term, the Government Communication and Information System will anchor communication on government's apex priorities to ensure visible and practical implementation of government programmes targeting the poor.
The Thusong service centres aim to provide public access to government information and services at at least one centre per local municipality by 2014. The refurbishment of the first generation Thusong service centres will improve service delivery standards, coordination and infrastructure development, and branding. The department will ensure that these service centres provide comprehensive information and services to communities through the development communication approach.
Following the power outages in early 2008, government identified the need for an ongoing awareness campaign on energy conservation for both ordinary citizens and the business sector. The Government Communication and Information System received additional funds to spearhead the campaign with other partners and key stakeholders. The campaign will continue over the MTEF period.
The 2010 FIFA World Cup is a unique communication opportunity to market South Africa as a tourism and investment destination, build national unity, and promote African solidarity. To coordinate government messaging around this global event, a dedicated communication unit has been established in the department.
In 2008, the department entered into a partnership agreement with South African Tourism to introduce a quantitative tracker of media coverage of the 2010 FIFA World Cup and the image of South Africa in 158 leading domestic and international media. The department provides government and key stakeholders with daily and weekly monitoring and qualitative analyses. The department also produced publications on government preparations for the 2010 FIFA World Cup.
Providing information products in all official languages for major government campaigns will continue to be a key focus area. To fulfil the objectives of the Language Bill, the Government Communication and Information System established a translation unit to facilitate communication in all official languages and empower communities with accessible information.
Over the MTEF period, the Media Development and Diversity Agency will continue to focus on giving grants for media development in rural and marginalised communities, as well as in historically diminished languages and cultural groups and inadequately serviced communities. The agency will aim to ensure that all citizens have adequate access to media in the language of their choice, thus contributing to transforming media access, ownership and control patterns in South Africa.
The International Marketing Council is in its sixth year of operation. Over the medium term, it aims to extend its marketing focus to the East. This will require a comprehensive marketing plan, in-depth research, media buying, and hiring a brand manager to work jointly with the Department of Foreign Affairs. Other international marketing efforts will be aimed at Russia, Brazil and the Middle East.
The gazetting of the Marketing, Advertising and Communication Industry Transformation Charter in August 2008 was a milestone for the transformation of the marketing, advertising and communication industry. The department is planning workshops with industry stakeholders on the requirements of the charter.
Table 6.
Number of new copies of Vuk'uzenzele magazines printed and distributed Government Publication 7.5 million 8.9 million 9.5 million 9.5 million 9.5 million 9.5 million 9.
R million 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 1. Administration 62.0 70.9 105.7 104.5 103.9 112.5 139.4 123.4 2. Policy and Research 13.4 12.1 18.0 19.3 20.5 18.9 20.0 21.3 3. Government and Media Liaison 15.3 16.6 18.6 22.3 22.1 24.3 25.6 27.1 4. Provincial Coordination and Programme 33.8 38.8 45.3 49.5 50.0 57.3 62.2 66.
Communication Service Agency 34.5 32.7 37.8 57.3 56.4 52.8 55.2 61.5 6. International Marketing and Media 76.3 93.0 123.1 154.3 154.3 182.7 195.6 167.
Government Publication 18.3 29.0 32.5 32.7 32.7 33.4 35.1 37.
Total 253.6 293.1 380.9 439.8 439.8 482.0 533.1 504.
Change to 2008 Budget estimate 21.6 21.6 5.1 19.5 20.
Current payments Compensation of employees Goods and services of which: Advertising Assets less than R5 000 Audit costs: External Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Legal costs Contractors Agency and support / outsourced services Inventory: Other consumables Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Households Payments for capital assets Machinery and equipment Software and other intangible assets Total 171.1 75.0 96.0 13.2 1.5 0.8 0.7 0.8 6.0 2.9 16.3 0.3 2.7 0.9 0.3 11.2 22.6 0.6 10.1 1.7 1.9 1.5 0.0 76.6 0.2 76.3 0.1 5.9 4.7 1.2 253.6 195.6 84.1 109.5 15.0 2.2 1.1 0.5 0.8 6.1 7.8 11.2 0.3 2.7 0.7 0.6 26.3 10.3 0.3 12.1 2.0 7.1 2.3 2.1 93.3 0.1 93.0 0.2 4.2 3.3 0.9 293.1 252.3 116.2 136.1 13.3 2.1 1.2 0.5 1.2 10.4 9.8 18.4 0.1 2.9 1.3 0.8 31.7 10.7 0.5 13.7 4.2 9.9 3.4 0.0 123.3 - 123.1 0.2 5.3 4.6 0.7 380.9 282.4 118.2 164.2 29.1 2.7 1.2 0.6 1.2 7.1 12.2 1.8 0.1 5.3 13.3 0.2 8.9 13.8 1.2 16.8 5.0 39.9 3.4 - 154.3 - 154.3 0.0 3.1 3.1 - 439.8 281.9 118.0 163.8 28.9 2.5 1.2 0.6 1.2 7.1 12.0 1.8 0.1 4.5 14.3 0.2 8.9 13.5 1.2 16.7 5.0 39.9 3.9 - 154.5 - 154.3 0.2 3.4 3.4 - 439.8 296.7 131.2 165.6 28.8 4.5 1.7 0.7 1.3 11.6 13.0 10.9 0.1 2.9 9.3 1.0 13.6 14.4 0.7 13.2 5.5 29.3 3.3 - 182.7 - 182.7 - 2.5 2.5 - 482.0 334.7 139.8 194.9 30.2 16.5 1.9 0.7 1.4 12.1 20.2 11.9 0.1 3.5 9.9 1.1 14.2 14.1 0.8 14.1 6.1 32.4 3.6 - 195.6 - 195.6 - 2.8 2.8 - 533.1 334.4 146.9 187.5 30.8 5.4 1.6 0.7 1.4 15.8 10.9 9.0 0.1 3.6 10.5 1.0 10.1 29.4 0.7 14.7 5.6 32.3 3.6 - 167.4 - 167.4 - 3.0 3.0 - 504.
Between 2005/06 and 2008/09, expenditure increased from R253.6 million to R439.8 million, at an average annual rate of 20.2 per cent. This was due mainly to: the introduction of the Vuk'uzenzele magazine; funds devolved from the Department of Public Works for office accommodation management; departmental activities in preparation for the 2010 FIFA World Cup; government's initiatives in the second economy; additional capacity in provincial offices; the branding of the first generation Thusong service centres; and the increase in the transfer of the International Marketing Council for the 2010 FIFA World Cup.
A significant part of the department's expenditure is made up of transfer payments to the International Marketing Council and the Media Development and Diversity Agency.
32.3 per cent of total expenditure between 2005/06 and 2008/09, increasing to 33.2 per cent by 2011/12.
Over the MTEF period, expenditure will increase at an average annual rate of 4.7 per cent mainly because the Government Communication and Information System and the International Marketing Council will have completed their activities relating to the 2010 FIFA World Cup.
Over the MTEF period, the department receives additional funds of R16 million, R33.1 million, and R33.2 million. These funds will mainly be used for: accommodating the Re Kgabisa Tshwane project in 2010/11 and 2011/12; upgrading IT infrastructure at provincial offices in 2010/11; establishing an employee awareness programme for provincial offices in 2010/11 and 2011/12; the state of the nation address and the opening of parliament in 2009/10; establishing the government community radio link in 2011/12; running the energy campaign; inflation related adjustments in compensation of employees and payments for capital assets.
Over the medium term, savings of R10 million, R12.2 million and R11.6 million have been identified in goods and services, and transfer payments to public entities.
Departmental revenue is mainly derived from the sale of publications, photos and videos, interest on outstanding debt, and the sale of advertising space in Vuk'uzenzele. It is estimated that departmental revenue will be R2.9 million per year over the MTEF period.
Management 4.4 6.5 5.8 7.5 8.3 8.8 9.
Corporate Services 48.5 55.0 89.7 83.3 87.4 110.6 78.
Property Management 9.1 9.4 10.2 13.7 16.9 19.9 36.
Total 62.0 70.9 105.7 104.5 112.5 139.4 123.
Current payments 58.4 68.4 102.2 102.8 111.4 138.1 121.
Compensation of employees 27.6 31.1 54.3 45.2 49.3 52.6 55.
Goods and services 30.8 35.4 47.8 57.7 62.1 85.4 66.
Advertising 1.5 1.5 2.7 1.4 3.6 4.1 3.
Assets less than R5 000 0.8 1.3 1.3 2.0 1.7 12.9 1.
Audit costs: External 0.8 1.1 1.2 1.2 1.7 1.9 1.
Bursaries (employees) 0.5 0.5 0.5 0.6 0.7 0.7 0.
Catering: Departmental activities 0.2 0.3 0.4 0.5 0.6 0.6 0.
Communication 1.0 1.1 1.6 1.4 2.1 2.3 2.
Computer services 2.8 7.5 9.3 11.5 12.5 19.7 10.
Consultants and professional services: 4.4 1.6 3.8 1.0 5.0 5.7 2.
Consultants and professional services: 0.3 0.3 0.1 0.1 0.1 0.1 0.
Contractors 0.4 0.6 0.7 2.6 0.9 1.4 1.
Agency and support / outsourced services 0.8 0.7 0.9 5.3 1.2 1.4 1.
Inventory: Other consumables 0.2 0.5 0.6 0.1 0.8 0.9 0.
Inventory: Stationery and printing 2.4 3.7 5.5 2.3 7.3 7.3 2.
Lease payments 9.7 9.7 10.2 13.4 13.6 13.3 28.
Owned and leasehold property 0.6 0.2 0.4 1.1 0.5 0.6 0.
Travel and subsistence 2.1 2.5 3.2 4.3 2.4 2.8 2.
Training and development 0.9 1.0 3.3 3.0 4.4 4.9 4.
Operating expenditure 0.8 0.7 1.2 4.6 1.6 3.3 0.
Venues and facilities 0.5 0.6 1.0 1.1 1.3 1.5 1.
Financial transactions in assets and 0.0 1.9 0.
Transfers and subsidies 0.1 0.0 0.
Provinces and municipalities 0.1 0.
Households 0.0 0.0 0.
Payments for capital assets 3.5 2.5 3.4 1.7 1.1 1.3 1.
Machinery and equipment 2.3 1.8 2.7 1.7 1.1 1.3 1.
Software and other intangible assets 1.2 0.7 0.
Expenditure increased at an average annual rate of 19 per cent between 2005/06 and 2008/09 due mainly to communication programmes linked to the 2010 FIFA World Cup and the rental of Thusong service centres. The 49 per cent increase between 2006/07 and 2007/08 was mainly due to the implementation of 2010 FIFA World Cup programmes in 2007/08 and a once-off payment to the National Security Fund pension of R16.8 million.
Over the medium term, expenditure is estimated to increase at an average annual rate of 5.7 per cent due to inflation related salary adjustments. Expenditure will increase in 2010/11 and 2011/12 to cater for head office accommodation for the Re Kgabisa Tshwane project. The decrease of 11.5 per cent to the baseline in 2011/12 is due to the department completing its 2010 FIFA World Cup programmes.
Policy contributes to media, communication and information policy, and government policy on communication.
Research researches the information and communication needs of government and the public.
Inform government's communication strategy and decisions by analysing the communications environment on a weekly, monthly and quarterly basis, and conducting quarterly research on the public's communication needs.
The tracker project continues to keep government abreast of the perceptions and information needs of the public. In 2007/08, 6 national government departments aligned with this project.
The effectiveness of various government communication products and initiatives was improved through 20 research projects.
The economic opportunities publication has been updated, and a 12-page insert on province specific programmes was included for the first time. In October 2008, a radio programme profiling government's second economy programmes and beneficiaries was broadcast on all SABC language stations.
Management 0.9 0.9 1.8 1.5 1.9 2.0 2.
Policy 5.4 3.6 6.7 9.9 8.3 8.7 9.
Research 7.1 7.5 9.4 7.8 8.7 9.2 9.
Total 13.4 12.1 18.0 19.3 18.9 20.0 21.
Current payments Compensation of employees Goods and services of which: Advertising Communication Computer services Consultants and professional services: Business and advisory services Agency and support / outsourced services Inventory: Stationery and printing Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Payments for capital assets Machinery and equipment Software and other intangible assets 13.4 12.0 17.9 19.2 18.9 20.0 21.3 4.3 9.0 0.0 0.1 0.1 8.2 - 0.1 0.2 0.1 0.0 0.1 - 4.8 7.1 0.0 0.1 0.2 6.0 - 0.1 0.3 0.2 0.0 0.1 0.0 5.1 12.8 0.4 0.1 0.1 8.4 - 2.7 0.5 0.1 0.0 0.1 0.0 6.5 12.7 0.0 0.2 0.3 0.0 5.9 0.2 0.6 0.6 5.0 0.1 - 7.9 11.0 1.1 0.1 0.1 0.0 6.7 0.2 0.4 0.1 2.2 0.1 - 8.5 11.5 1.1 0.1 0.1 0.0 7.1 0.2 0.5 0.1 2.3 0.1 - 8.9 12.4 1.1 0.1 0.1 0.0 7.7 0.2 0.5 0.1 2.5 0.
Expenditure increased rapidly from R13.4 million in 2005/06 to R19.3 million in 2008/09, at an average annual rate of 12.9 per cent, due mainly to communication programmes on the Accelerated and Growth Initiative for South Africa and second economy initiatives. Expenditure grew by 48.6 per cent between 2006/07 and 2007/08 due mainly to the R3 million received from 12 departments to provide for the mass communication campaign on second economy interventions. Expenditure is expected to increase at an average annual rate of 3.4 per cent over the MTEF period due to inflation related salary adjustments.
National Liaison coordinates the development of a communication strategy and submissions across government.
International and Media Liaison provides ongoing media liaison services and coordinates external communication and marketing programmes in collaboration with national departments and other stakeholders. It also coordinates international visits, including non-media visits.
News Services provides government and development related news and information to community media and national and international mainstream media.
Parliamentary Liaison provides strategic communication support to government departments and liaises with parliamentary correspondents.
Manage communication activities across government by convening 3 government communicators' forums a year.
Ensure consistent media reporting on the work of government by providing communication and media liaison support to government departments through regular meetings with departments, convening national and provincial communication forums, and liaising with parliamentary correspondents.
Improve cooperation and good working relations between government and the media by convening at least 1 high level meeting a year between Cabinet and private media editors.
Communicate government's programme of action by producing 3 daily news articles and 1 weekly feature article for the media.
In 2007/08, BuaNews produced 3 editions every weekday and 1 on weekends. By October 2008, the use of BuaNews articles by mainstream internet users had grown, with the number of hits and page impressions on the redesigned BuaNews website increasing from 211 027 in April 2008 to 341 912.
The department hosted the following meetings: 3 government communicators' forum meetings and 1 special government communication forum; 2 ministerial liaison officer forum meetings; 2 provincial heads of communications meetings; and 13 pre-Cabinet meetings. All communication clusters' strategies were drafted. Media briefings were organised for directors-general to brief the media on the progress of the clusters. In addition, parliamentary media briefings and 4 sets of programme of action media briefings were held.
Based on research, the Government Communicators' Handbook was improved.
Networking sessions promoted good relations with the media, and strategic input from the Government Communication and Information System contributed to the successful hosting of the Inter-Parliamentary Union's conference and to government media briefings.
Economic classification Current payments Compensation of employees Goods and services of which: Advertising Assets less than R5 000 Catering: Departmental activities Communication Consultants and professional services: Business and advisory services Agency and support / outsourced services Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Payments for capital assets Machinery and equipment 15.1 16.3 18.1 22.0 23.9 25.1 26.7 10.3 4.8 - 0.1 0.2 0.7 1.1 - 0.4 0.1 - 1.7 0.1 0.1 0.2 0.0 10.8 5.5 - 0.1 0.2 0.8 1.1 - 0.3 0.2 - 1.7 0.2 0.1 0.6 0.0 12.0 6.1 - 0.1 0.3 0.8 1.3 - 0.4 0.1 0.1 1.9 0.1 0.2 0.6 0.0 15.3 6.6 0.4 0.2 0.3 0.7 0.2 0.8 0.3 0.1 - 2.0 0.4 0.2 1.0 - 17.4 6.5 0.4 0.1 0.4 0.9 0.2 0.9 0.5 0.1 0.1 1.8 0.2 0.2 0.7 - 18.3 6.8 0.4 0.10.4 0.9 0.2 0.9 0.5 0.2 0.1 1.9 0.2 0.2 0.8 - 19.3 7.4 0.4 0.1 0.4 1.0 0.2 1.1 0.6 0.2 0.1 2.0 0.2 0.2 0.
Total 15.3 16.6 18.6 22.3 24.3 25.6 27.
Expenditure increased at an average annual rate of 13.5 per cent between 2005/06 and 2008/09, and is estimated to increase at 6.7 per cent over the MTEF period due mainly to inflation related salary adjustments. Major cost drivers include subscription costs to the South African Press Association, the imbizo programme, media briefings on government's programme of action, BuaNews, the Government Communicators' Handbook and the annual government communicators' awards event.
Provincial Coordination manages and coordinates partnerships and stakeholders in support of provincial directorates, and provides strategic guidance and support to provincial offices, to strengthen the government communication system both provincially and locally.
Provincial Liaison is responsible for: government information centres and communication partnerships in municipalities; implementing local communication and information campaigns aligned with the government communication programme; and supporting and strengthening local communication partnerships and the distribution of government information material. It is also responsible for rolling out Thusong service centres.
Address the communication and information needs of communities through ward liaison, information sessions and communication projects on a monthly basis.
addressing identified service delivery issues at the first generation Thusong service centres by the end of 2011/12 facilitating the establishment and rollout of 20 second generation Thusong service centres a year in line with provincial business plans increasing the existing 5 700 distribution points to 6 800 by 2011/12.
In 2007/08, the eighth annual assessment workshop for the Thusong service centre programme was held with stakeholders from national, provincial and local spheres. The Government Communication and Information System, with the South African Local Government Association and the Department of Provincial and Local Government, released a set of guidelines for local government communication. Ward councillors were trained in North West, Northern Cape and Free State.
All provincial core teams on local government communication and 38 district communication forums are operational. The forums serve as points from which communication activities for local government can be coordinated with national and provincial government.
In the first half of 2008/09, 6 Thusong service centres were operationalised, increasing the total number of operationalised centres to 129. By September 2008, 686 new distribution points were established in local municipalities. Through ward liaison visits and information sessions, 2 496 communication projects and activities were conducted by March 2008. By September 2008, 2 362 communication projects and activities had been initiated.
Management 1.1 1.0 1.2 1.2 1.4 1.4 1.
Provincial Coordination 4.4 6.6 5.4 4.3 7.7 9.4 10.
Provincial Liaison 28.2 31.2 38.7 44.0 48.3 51.3 54.
Total 33.8 38.8 45.3 49.5 57.3 62.2 66.
Current payments 32.8 38.2 44.4 49.4 57.2 62.1 65.
Compensation of employees 22.5 24.6 29.7 34.3 38.3 40.9 43.
Goods and services 10.3 13.4 14.7 15.1 18.9 21.2 22.
Advertising 0.0 0.1 0.2 0.6 1.8 2.6 2.
Assets less than R5 000 0.2 0.6 0.5 0.4 2.5 3.3 3.
Catering: Departmental activities 0.2 0.2 0.3 0.2 0.2 0.3 0.
Communication 1.8 1.8 2.1 2.2 2.2 2.3 2.
Consultants and professional services: Business and advisory 0.1 0.5 0.3 0.0 0.6 0.7 0.
Contractors 1.3 1.3 1.7 1.6 1.6 1.7 1.
Inventory: Other consumables 0.1 0.1 0.1 0.0 0.1 0.2 0.
Inventory: Stationery and printing 0.4 1.1 1.3 0.5 1.3 1.4 1.
Lease payments 0.4 0.4 0.4 0.3 0.5 0.6 0.
Owned and leasehold property expenditure 0.0 0.1 0.0 0.1 0.1 0.1 0.
Travel and subsistence 4.8 5.9 5.9 7.4 6.2 6.4 7.
Training and development 0.2 0.3 0.2 0.4 0.4 0.4 0.
Operating expenditure 0.2 0.1 0.2 0.2 0.1 0.1 0.
Venues and facilities 0.5 0.9 1.6 1.1 1.1 1.2 1.
Financial transactions in assets and liabilities 0.0 0.2 0.
Transfers and subsidies 0.1 0.1 0.
Households 0.1 0.1 0.
Payments for capital assets 0.8 0.5 0.8 0.1 0.1 0.1 0.
Machinery and equipment 0.8 0.5 0.8 0.1 0.1 0.1 0.
Expenditure increased at an average annual rate of 13.6 per cent between 2005/06 and 2008/09 due mainly to operational costs, such as travel and subsistence, and inventory, of the provincial offices. It is estimated to increase at 10.1 per cent over the MTEF period to cater for the refurbishment and branding of the first generation Thusong service centres. The moderate increase between 2008/09 and 2010/11 is due to once-off additional funds for the state of the nation address and the opening of Parliament.
Marketing manages government's corporate identity; develops strategies for marketing campaigns, events management, public relations campaigns and advertising; manages a government distribution network; and provides a media bulk buying service.
Product Development develops broadcast strategies and products for government campaigns and projects; produces videos and radio programmes; supplies graphic design and layout services; and provides photographic services for national and provincial departments.
Content Development identifies government's communication and the public's information needs; develops content for individual and transversal campaigns; provides editorial services and language translations; and produces the South Africa Yearbook.
Promote awareness of the opportunities that democracy has brought by conducting 130 bulk media buying briefs and 6 public relations and advertising campaigns per year.
Support key government information campaigns by producing graphic design products, radio advertisements, radio dramas and community radio programmes; broadcasting live coverage of events; and commissioning photographic coverage of events.
Improve and develop content for government communication campaigns and products in support of government's vision to create a better life for all.
Provide leadership in government communication and ensure improved performance by the communication system by compiling four advertising spending reports per year over the next three years.
Produce 45 000 copies of the South Africa Yearbook, 20 000 copies of the Pocket Guide to South Africa, and 4 000 copies of the South Africa Yearbook CD Rom.
In 2007/08, 45 000 copies of the South Africa Yearbook and 20 000 copies of the Pocket Guide to South Africa were printed. 27 000 copies of the South Africa Yearbook were distributed to schools, public libraries and tertiary institutions.
As in preceding years, in 2008/09 the Government Communication and Information System contributed to multimedia products for campaigns, celebrations and awards. The department used innovative marketing products, such as mobile communications platforms, the branding of delivery vehicles, and MXit technology, for several campaigns.
The department also assumed a leadership role in several of government's capacity building activities.
Management 1.8 2.2 2.4 2.6 2.8 3.0 3.
Marketing 16.8 15.6 16.7 31.7 26.8 27.7 29.
Product Development 11.6 10.2 12.7 11.8 11.9 12.8 16.
Content Development 4.4 4.8 6.1 11.1 11.3 11.7 12.
Total 34.5 32.7 37.8 57.3 52.8 55.2 61.
Current payments Compensation of employees Goods and services of which: Advertising Assets less than R5 000 Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Contractors Agency and support / outsourced services Inventory: Stationery and printing Lease payments Travel and subsistence Training and development Operating expenditure Venues and facilities Transfers and subsidies Households Payments for capital assets Machinery and equipment Software and other intangible assets Total 33.2 8.4 24.9 10.2 0.4 0.1 2.3 - 1.3 0.9 0.0 7.9 0.0 1.2 0.2 0.1 0.2 0.0 - 1.3 1.3 - 34.5 31.9 10.1 21.8 10.6 0.1 0.1 2.3 - 1.3 0.7 0.0 3.7 0.0 1.5 0.3 1.1 0.1 0.1 0.1 0.6 0.5 0.1 32.7 37.3 11.9 25.4 8.4 0.2 0.1 5.7 0.3 2.4 0.3 0.4 5.1 0.1 1.9 0.4 0.2 0.1 - - 0.6 0.5 0.0 37.8 56.4 13.5 42.9 25.8 0.0 0.0 2.6 0.5 0.2 1.0 0.4 5.6 0.0 2.1 0.6 4.1 0.1 0.0 0.0 0.8 0.8 - 57.3 52.0 14.6 37.4 20.1 0.2 0.1 6.1 0.3 2.7 0.3 0.5 4.2 0.1 2.1 0.4 0.2 0.1 - - 0.9 0.9 - 52.8 54.3 15.5 38.8 20.2 0.2 0.1 6.3 0.4 3.0 0.4 0.5 4.7 0.1 2.3 0.5 0.2 0.1 - - 0.9 0.9 - 55.2 60.6 16.3 44.3 21.1 0.2 0.1 9.8 0.4 3.2 0.4 0.5 5.0 0.1 2.5 0.5 0.3 0.1 - - 1.0 1.0 - 61.
Expenditure increased at an average annual rate of 18.4 per cent between 2005/06 and 2008/09 mainly due to increased dissemination of information on government's programme of action and R15 million received for the energy efficiency campaign. Over the medium term, expenditure is expected to increase at an average annual rate of 2.4 per cent because of the energy efficiency campaign and the government community radio link to be established in 2011/12.
International Marketing Council markets South Africa internationally.
Media Development and Diversity Agency promotes local media development and diversity.
Total 76.3 93.0 123.1 154.3 182.7 195.6 167.
Current International Marketing Council 76.3 93.0 123.1 154.3 182.7 195.6 167.4 69.3 83.4 111.1 139.7 166.1 177.3 147.
Media Development and Diversity Agency 7.0 9.6 12.0 14.6 16.6 18.3 20.
The International Marketing Council receives its funding mainly from the department. Funding increased from R69.3 million in 2005/06 to R139.7 million in 2008/09 at an average annual rate of 26.4 per cent, mainly to accommodate 2010 FIFA World Cup marketing activities. Over the medium term, the total funding increases from R139.7 million in 2008/09 to R147.
1.8 per cent due to the completion of 2010 FIFA World Cup marketing activities.
The main reason for the growth in the International Marketing Council's funding is to accelerate marketing activities towards the start of the 2009 FIFA Confederation Cup and the 2010 FIFA World Cup. In addition, global marketing costs, particularly in relation to the mass media advertising campaign, have been highly affected by currency fluctuations, with the dollar and the pound being much stronger than the rand.
The Media Development and Diversity Agency promotes local media development and diversity. The agency is funded through a transfer at the beginning of each financial year. The funds are used to support the agency's mandate of ensuring that disadvantaged communities and individuals gain access to the media.
The transfer to the agency increased at an average annual rate of 27.6 per cent between 2005/06 and 2008/09 due to new posts and higher overall administrative costs. The total budget for the print and broadcast media and the budget allocation from the Government Communication and Information System increased to R18.9 million in 2005/06; R22.5 million in 2006/07, and R25.4 million in 2007/08. The department's allocation to the agency increased from R7 million in 2005/06 to R14.6 million in 2008/09 at an average annual rate of 27.6 per cent, due mainly to capacity building and administrative costs. The allocation to the agency over the medium term increases from R16.6 million in 2009/10 to R20.1 million in 2011/12 at an annual average rate of 11.4 per cent.
The trends in the provision of grants were influenced by stricter adherence to approving grants within the available grant funding amount between 2006/07 and 2007/08. It was also influenced by the additional mandate derived from an agreement signed between the Media Development and Diversity Agency and the Department of Communications for supporting the programme production capacity of community radio stations worth R20 million in 2008/09. The Department of Communications has not yet committed itself to the renewal of this agreement for 2009/10.
Vuk'uzenzele Magazine produces, prints and distributes the print, Braille and web versions of Vuk'uzenzele every second month, and is also responsible for the translation, marketing and advertising of the magazine.
maintaining the print run and distribution of Vuk'uzenzele at 1.6 million every second month updating the electronic version of Vuk'uzenzele every second month disseminating the Braille version to visually impaired individuals and organisations every second month.
In 2007/08, 1.5 million copies of the first five editions of Vuk'uzenzele, and 2 million of the sixth edition, which included the state of the nation address, were printed. The magazine was distributed in all nine provinces in peri-urban, rural and deep rural areas, with a particular focus on the poorer sectors of society. In April 2008, the print run was increased to 1.6 million copies. Vuk'uzenzele is audited by the Audit Bureau of Circulation.
Vuk'uzenzele Magazine 18.3 29.0 32.5 32.7 33.4 35.1 37.
Total 18.3 29.0 32.5 32.7 33.4 35.1 37.
Change to 2008 Budget estimate 0.2 (1.8) (1.9) (2.
Current payments 18.1 28.9 32.4 32.7 33.4 35.1 37.
Compensation of employees 1.9 2.5 3.2 3.4 3.7 3.9 4.
Goods and services 16.2 26.4 29.3 29.2 29.7 31.2 33.
Advertising 1.4 2.8 1.6 0.9 1.8 1.9 2.
Communication 0.1 0.1 0.2 0.2 0.2 0.2 0.
Consultants and professional services: Business and advisory 1.3 0.7 2.1 0.5 2.3 2.4 2.
Agency and support / outsourced services 0.0 - - 1.
Inventory: Other consumables - 0.
Inventory: Stationery and printing 0.0 17.4 16.8 0.1 0.1 0.1 0.
Lease payments 12.4 - - 0.
Travel and subsistence 0.1 0.2 0.3 0.4 0.3 0.3 0.
Operating expenditure 0.8 5.1 8.2 26.0 25.0 26.3 28.
Payments for capital assets 0.2 0.1 0.
Machinery and equipment 0.2 0.1 0.
Expenditure increased at an annual average rate of 21.3 per cent between 2005/06 and 2008/09, with the largest increase of 58.4 per cent in 2006/07 due to the launch of the magazine in the second half of 2005/06. The first full financial year of publishing was 2006/07. Expenditure over the medium term is expected to increase at an average annual rate of 5.1 per cent due to inflation related salary adjustments.
R million 2007/08 2007/08 2008/09 2008/09 1. Administration 100.7 106.0 105.7 101.1 3.4 104.5 103.9 2. Policy and Research 16.4 18.9 18.0 17.2 2.1 19.3 20.5 3. Government and Media Liaison 19.6 19.8 18.6 22.7 (0.4) 22.3 22.1 4. Provincial Coordination and Programme 46.3 46.3 45.3 49.0 0.5 49.5 50.
Communication Service Agency 39.5 37.7 37.8 41.5 15.7 57.3 56.4 6. International Marketing and Media 123.1 123.1 123.1 154.3 - 154.3 154.
Government Publication 30.2 32.2 32.5 32.5 0.2 32.7 32.
Total 375.8 384.0 380.9 418.3 21.6 439.8 439.
Current payments Compensation of employees 250.5 257.9 252.3 261.7 20.8 282.4 281.9 113.8 116.8 116.2 113.6 4.6 118.2 118.
Goods and services Transfers and subsidies Departmental agencies and accounts 136.7 141.1 136.1 148.0 16.2 164.2 163.8 123.1 123.3 123.3 154.3 0.0 154.3 154.5 123.1 123.1 123.1 154.3 - 154.3 154.
Households Payments for capital assets Machinery and equipment - 0.2 0.2 - 0.0 0.0 0.2 2.2 2.8 5.3 2.3 0.8 3.1 3.4 2.2 2.8 4.6 2.3 0.8 3.1 3.
Software and intangible assets - - 0.
Compensation (R million) 74.6 83.6 115.3 117.5 130.3 138.9 146.
Unit cost (R million) 0.2 0.2 0.3 0.3 0.3 0.3 0.
Compensation of interns (R million) 0.5 0.5 0.9 0.8 0.9 0.9 0.
Unit cost (R million) 0.0 0.0 0.0 0.0 0.0 0.0 0.
Compensation (R million) 75.0 84.1 116.2 118.2 131.2 139.8 146.
Unit cost (R million) 0.2 0.2 0.3 0.2 0.3 0.3 0.
Payments for learnerships (R million) 0.2 0.2 0.2 0.2 0.2 0.2 0.
2005/06 2006/07 2007/08 Compensation of employees (R million) 75.0 84.1 116.2Training expenditure (R million) 2.4 2.4 4.7 Training as percentage of compensation 3.1% 2.9% 4.0% Total number trained in department (head count) 211 262 370of which: Employees receiving bursaries (head count) 73 211 71Learnerships trained (head count) 10 10 10Internships trained (head count) 25 25 25 2008/09 2009/10 2010/11 2011/12 118.2 132.0 141.1 148.3 5.0 6.1 6.8 6.3 4.
<fn>GOV-ZA.427767nattreasEn.2012-02-10.en.txt</fn>
Administration 188.8 181.3 1.3 6.2 200.0 211.
Public Finance and Budget Management 208.5 199.7 7.4 1.4 210.2 217.
Asset and Liability Management 64.4 63.7 - 0.8 67.3 69.
Financial Management and Systems 611.7 610.9 - 0.8 644.0 669.
Financial Accounting and Reporting 123.4 74.0 48.6 0.8 136.8 144.
Economic Policy and International Financial Relations 87.6 81.9 5.0 0.7 94.5 99.
Provincial and Local Government Transfers 14 410.6 - 14 410.6 - 12 433.3 14 415.
Civil and Military Pensions, Contributions to Funds and Other 4 920.3 34.2 4 886.1 - 2 398.6 2 542.
Fiscal Transfers 41 060.9 - 41 060.9 - 32 410.5 13 218.
Total 61 676.2 1 245.6 60 420.0 10.6 48 595.1 31 587.
Provinces equitable share 231 050.9 - 231 050.9 - 253 670.5 272 934.
State debt costs 55 268.0 55 268.0 - - 60 140.0 66 826.
General fuel levy sharing with metros 6 800.1 - 6 800.1 - 7 542.4 8 531.
Total expenditure estimates 354 795.2 56 513.6 298 270.9 10.6 369 948.0 379 879.
Website address www.treasury.gov.
The aim of National Treasury is to promote economic development, good governance, social progress and rising living standards through the accountable, economical, equitable and sustainable management of public finances.
Purpose: Provide strategic leadership and support services. Manage the department.
Purpose: Provide analysis and advice on fiscal policy and public finances, intergovernmental financial relations and expenditure planning and priorities. Manage the annual budget process and provide public finance management support.
Purpose: Manage government's financial assets and liabilities.
Purpose: Manage and regulate government's supply chain processes. Ensure standardised financial systems.
Purpose: Promote and enforce transparency and effective management of revenue, expenditure, assets and liabilities of departments, public entities, constitutional institutions and local government, to facilitate accountability and governance.
Purpose: Provide specialist policy analysis and advisory services in macroeconomics, microeconomics, the financial sector, taxation, regulatory reform, regional integration and international financial relations.
Purpose: Manage conditional grants to the provincial and local spheres of government.
Purpose: Provide for pension and post-retirement medical benefit obligations to former employees of state departments and bodies, and for similar benefits to retired members of the military.
Purpose: Transfer funds to other countries and multilateral and domestic institutions and public entities, including international development institutions of which South Africa is a member.
The Public Finance Management Act (1999) outlines the functions for which National Treasury is responsible. These are mainly: promoting government's fiscal policy framework, coordinating intergovernmental financial and fiscal relations, managing the budget process, overseeing the implementation of annual budgets, and monitoring the implementation of provincial budgets.
Over the MTEF period, National Treasury will seek to maintain macroeconomic stability, while promoting sustainable economic growth and job creation. National Treasury will embark on a number of socioeconomic, fiscal and financial management reforms, while managing government assets and liabilities and improving budget processes and international financial relations.
In the context of a marked deterioration in the global economic outlook and the associated slowdown in the South African economy, government's fiscal policy stance and budget plans have been revised considerably since the 2008 Budget. Longer term growth and development remain central to the policy stance, but fiscal and financial support measures aimed at sustaining investment, economic activity and employment in the face of adverse market trends will be required over the short to medium term.
Following a period of rapid economic growth and a moderate budget surplus, the fiscal position is expected to move into deficit in the period ahead. Supporting the investment plans of state owned enterprises, realigning the role of development finance institutions and targeted tax and spending adjustments will contribute to mitigating the effects of the global slowdown.
The Treasury's work on longer term expenditure monitoring, review of programmes and capital projects and support for improved financial management of programmes and government agencies is particularly important in the current circumstances. The Treasury's work will continue to focus on value for money and improved efficiency in public service delivery, as well as accelerating programmes that have proved to be effective in contributing to transformation and broadening development.
the expanded public works programme, which will be supported through a new incentive based funding arrangement in the 2009 Budget the financing requirements of the 2010 FIFA World Cup, including completing stadiums and meeting other infrastructure and logistical commitments on time health, education and other departmental budgets that need to be adjusted to the phasing in of new public service remuneration arrangements and associated initiatives to address management and service quality challenges social security and social insurance reforms, including unemployment benefits, health insurance and contributory retirement savings arrangements, which need to be implemented the criminal justice system, which needs to be modernised and renewed, including improved court processes and detection capacity and forensic support services planning and project assessment in the energy, transport, communications and other infrastructure sectors, which needs to be improved.
Intergovernmental fiscal relations are an important component in the intergovernmental system. With the legal and policy frameworks now in place, the focus can shift to cooperation between the relevant spheres of government, especially in the areas of capacity building and improved service delivery.
Siyenza Manje, the capacity building and support programme being implemented in municipalities since 2007/08, is being undertaken by the Development Bank of Southern Africa. The project aims to build capacity and sustainability in distressed municipalities. National Treasury co-funds the rollout while the Development Bank of Southern Africa employs the necessary expertise. Additional funds have been allocated to this important initiative to speed up the hiring of experts and young professionals with academic qualifications and expertise in the areas where there are skills shortages in the local government sphere.
A further priority for National Treasury is the prudent management of government's financial assets and liabilities, including the domestic and foreign debt portfolios. Government's debt management policies will continue to support the broader macroeconomic objectives and borrowing by state owned enterprises. Increasing the operational efficiency of public entities through financial oversight remains a focus area.
A key objective of National Treasury is to ensure a robust and effective regulatory system for the financial and banking sectors, and to respond to the need to expand access to households and businesses not traditionally covered by the financial sector. A regulatory impact assessment function has been designed and is being implemented in conjunction with the Presidency to enable better Cabinet oversight of regulations and laws.
Implementation of the integrated financial management system is progressing and the procurement module and asset management modules will be tested in lead departments in 2009/10.
While there has been an improvement in the audit reports of many public entities, there are still serious challenges in financial management and governance. The rolling out of the financial management capability model by the office of the accountant-general is aimed at providing an accurate indicator of the weaknesses; and the extent of the need for support and capacity building. This will help focus support on where it is most needed.
The infrastructure delivery implementation programme has brought about significant improvement in the management of infrastructure through improvements in the planning and project management practices guided by the toolkit. The programme was initially implemented in the provincial departments of education and public works from 2006/07, after a pilot programme was carried out in the Department of Education in 2004.
National Treasury's organisational environment and strategic direction are supported by four internal strategic priorities: improving coordination and communication; matching resources to workloads; developing human resource strategies to address attraction and retention challenges; and developing management skills.
The attraction and retention of skills continues to be a challenge. Improving the already successful internship programme will continue to add to the talent pool, especially in the scarce skills area. Another programme that provides a way for prospective chartered accountants to receive training is the training outside of public practice programme, and its success to date suggests that there is potential for more collaboration between National Treasury, the South African Institute of Chartered Accountants and the local government metropolitan municipalities to expand the programme to a wider public sector base. The proposed expansion should attract more trainees to the public sector.
National Treasury continually stresses the importance of publishing regular and reliable financial and nonfinancial information about government functions and activities, focusing on improved accountability to both Parliament and the public to make planning and budgeting more effective. In support of this principle, in 2009/10, it will continue its efforts at aligning the allocation of resources with expected outputs from departments in line with its focus on improved performance information and better formulated programme objectives.
The annual Division of Revenue Bill is being reviewed to further streamline the intergovernmental grant system. The ultimate objective of the review process is to ensure that the grant system contributes to better and quicker decision making, improved accountability and accelerated service delivery. In relation to implementing the Municipal Finance Management Act (2003), finalising the regulatory framework for the transfer of assets of municipalities and the preparation of new budget formats for implementation in all municipalities over the medium term remains a priority.
The Public Finance Management Act (1999) is now in its ninth year of implementation, and to date, institutions have made significant progress with its implementation. Yet there are areas of financial management that still require improvement. National Treasury is thus aiming to determine the level of financial maturity that departments have reached since the beginning of the implementation of the act. It has commissioned the development of a data bank of questions against which departments will be evaluated. The questions will be linked to a financial management capability maturity model, which will give a good indication of how financially mature a department is.
State owned enterprises are important for lowering the cost of doing business in South Africa and promoting economic growth and development. They continue to invest in financial resources and key infrastructure projects that are intended to attract higher levels of sustainable investment. Their operational efficiency can be improved by better financial oversight. Financial modelling, including setting realistic capital structure and dividend payment targets, as well as assessing funding alternatives, should improve future financial performance and sustainability. The assessment of their treasury operations will encourage greater adherence to best practice in treasury management.
Value of government gross annual borrowing Asset and Liability Management R31.4bn R34.8bn R16.1bn R46.2bn R109.2bn R94.9bn R87.
Cost to service debt as percentage of GDP Asset and Liability Management 3.2% 2.9% 2.6% 2.4% 2.2% 2.2% 2.
Net loan debt as a percentage of GDP Asset and Liability Management 29.6% 26.4% 23.4% 22.6% 25.6% 27.1% 27.
Percentage of identified transversal contracts with strategic sourcing principles introduced Financial Accounting and Reporting 54.
Real growth in consolidated national and provincial public spending (excluding interest costs) Public Finance and Budget Management 11.4% 10.2% 10.9% 11.5% 4.3% 1.5% 1.
General government savings as a percentage of GDP Public Finance and Budget Management (0.6%) 0.9% 1.
R million 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 1. Administration 143.0 161.6 177.6 199.4 196.1 188.8 200.0 211.8 2. Public Finance and Budget 121.1 138.5 212.0 227.1 232.0 208.5 210.2 217.
Asset and Liability Management 30.2 41.3 57.8 69.3 67.5 64.4 67.3 69.1 4. Financial Management and Systems 225.9 190.8 261.4 300.1 261.7 611.7 644.0 669.3 5. Financial Accounting and Reporting 61.3 71.4 105.2 212.2 208.5 123.4 136.8 144.3 6. Economic Policy and International 52.8 68.9 93.2 93.8 91.0 87.6 94.5 99.
Provincial and Local Government 3 371.6 5 443.7 6 992.7 7 938.0 7 651.7 14 410.6 12 433.3 14 415.
Civil and Military Pensions, 2 010.9 2 048.7 2 176.8 2 313.7 2 296.0 4 920.3 2 398.6 2 542.
Fiscal Transfers 7 084.0 8 006.0 8 889.3 20 070.5 20 070.5 41 060.9 32 410.5 13 218.
Subtotal 13 100.7 16 171.0 18 966.2 31 424.2 31 075.0 61 676.2 48 595.1 31 587.
Direct charge against the National 186 203.6 202 945.1 225 738.6 257 935.9 258 290.9 293 119.0 321 352.9 348 291.
Provinces equitable share 135 291.6 150 752.9 172 861.5 204 009.9 204 009.9 231 050.9 253 670.5 272 934.
State debt costs 50 912.0 52 192.2 52 877.1 53 926.0 54 281.0 55 268.0 60 140.0 66 826.
General fuel levy sharing with metros - - - - - 6 800.1 7 542.4 8 531.
Total 199 304.4 219 116.1 244 704.7 289 360.1 289 365.9 354 795.2 369 948.0 379 879.
Change to 2008 Budget estimate 17 428.9 17 434.7 53 868.2 45 587.5 36 148.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Audit costs: External Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Legal costs Contractors Agency and support / outsourced services Entertainment Inventory: Food and food supplies Inventory: Fuel, oil and gas Inventory: Materials and supplies Inventory: Other consumables Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Travel and subsistence Training and development Operating expenditure Venues and facilities Interest and rent on land Financial transactions in assets and liabilities 51 522.8 52 844.9 53 742.8 54 886.9 55 196.8 56 513.6 61 447.7 68 190.1 199.4 403.3 6.9 3.6 7.1 6.4 0.9 0.0 8.0 195.8 77.4 3.4 3.1 0.1 2.0 0.3 0.1 2.2 0.8 12.3 1.7 21.7 23.0 16.5 2.6 7.4 50 912.0 8.0 230.9 415.5 7.6 3.5 3.4 9.5 0.8 2.1 5.6 168.0 112.1 11.0 2.8- 0.2 0.4 0.1 0.8 0.7 12.7 18.3- 26.4 9.3 9.5 10.5 52 192.2 6.3 272.7 588.3 9.7 3.3 1.5 9.5 1.2 2.6 6.2 245.1 176.5 11.5 1.5- 0.3 0.5 0.2 1.1 0.9 12.8 25.6 4.3 38.7 12.3 5.4 17.6 52 877.1 4.7 314.3 646.6 10.2 3.7 1.9 6.1 2.4 2.9 6.5 280.4 162.5 7.3 8.2 12.1 0.6 0.4 0.2 0.3 3.2 13.4 21.1 17.7 42.0 16.8 6.9 19.8 53 926.0- 318.3 597.5 10.2 3.7 1.9 6.1 2.4 2.9 6.5 242.0 153.9 7.3 8.2 12.1 0.6 0.4 0.2 0.3 3.2 13.4 21.1 17.7 41.7 15.0 6.9 19.8 54 281.0- 334.2 911.4 7.6 3.8 1.8 11.0 2.9 3.3 6.6 585.5 115.4 10.3 4.2 6.8 0.5 0.4 0.2 0.0 1.6 14.6 22.4 12.0 38.8 33.6 4.2 24.0 55 268.0 - 368.8 938.9 7.4 4.1 1.7 12.9 3.1 2.7 7.1 614.7 130.8 10.9 3.3 7.4 0.5 0.4 0.2 0.0 1.6 15.5 23.6 12.6 42.1 20.9 4.4 10.8 60 140.0 - 395.1 969.1 7.0 3.5 1.9 13.5 3.2 3.4 7.5 635.8 129.9 11.4 2.3 7.3 0.6 0.5 0.3 0.0 1.7 16.3 25.3 13.4 43.5 23.6 4.6 12.7 66 826.
Transfers and subsidies 147 764.0 166 259.8 190 948.9 234 463.0 234 159.0 298 308 487.8 311 676.9 270.
Provinces and municipalities 138 663.9 156 146.9 179 854.2 211 862.9 211 654.4 252 182.2 273 522.4 295 781.
Departmental agencies and accounts 6 652.1 7 203.1 8 218.6 9 526.4 9 448.6 10 352.7 11 700.2 12 449.
Universities and technikons 0.8 3.5 2.3 5.5 5.5 5.5 5.0 5.
Public corporations and private enterprises 72.1 312.2 222.4 10 246.8 10 246.8 30 267.5 20 282.7 296.
Foreign governments and international 392.8 576.6 503.8 542.4 542.4 579.5 614.7 640.
Non-profit institutions 0.1 - 0.1 0.1 0.1 0.1 0.1 0.
Households 1 982.3 2 017.5 2 147.4 2 278.9 2 261.2 4 883.5 2 362.7 2 504.
Payments for capital assets 17.5 11.4 13.0 10.1 10.1 10.6 12.5 12.
Machinery and equipment 16.5 11.4 13.0 10.5 10.5 10.6 12.5 12.
Software and other intangible assets 1.1 - - (0.3) (0.
Most of National Treasury's direct expenditure goes towards transfer payments. These include provincial and local government transfers, civil and military pension payments, and transfers to the South African Revenue Service and the Secret Services. Between 2005/06 and 2008/09, expenditure increased from R13.1 billion to R31.4 billion, at an average annual rate of 33.9 per cent, due to a R10 billion transfer to Eskom for the subordinated loan in 2008/09.
Expenditure is expected to increase at a much slower rate over the MTEF period, from R31.4 billion in 2008/09 to R31.6 billion in 2011/12 at an average annual rate of 0.2 per cent. This is mainly due to increases in transfers to the infrastructure grant to provinces, the Eskom subordinated loan, the South African Revenue Service and Secret Services, and the slower rate of growth due to the efficiency savings that have been implemented and a revision of the department's baseline. Increased spending on the operational budget over the medium term is mainly due to the implementation of the integrated financial management system, the rollout of training programmes in conjunction with the Public Administration Leadership and Management Academy (PALAMA), improving the infrastructure development improvement programme, and implementing the back office support system.
The department is responsible for the main statutory transfers to provincial governments. More information on these transfers can be found in chapter 7 and annexure E of the 2009 Budget Review and the 2009 Division of Revenue Bill. The sharing of the general fuel levy for metropolitan municipalities, previously known as the Regional Services Council levy replacement grant, has been shifted to National Treasury from the Department of Provincial and Local Government from April 2009 and is included in the direct charges. There is also a provision for servicing government's debt obligations, which are a direct charge against the National Revenue Fund in terms of section 73 of the Public Finance Management Act (1999).
Over the MTEF period, savings of R210.2 million, R262.1 million and R269.8 million have been identified. They will be made under goods and services and transfers to public entities.
The main items of revenue are the interest on government deposits and dividends received from the South African Reserve Bank. Over the medium term, revenue is expected to decrease from R5.1 billion in 2008/09 to R4.4 billion in 2011/12, at an average annual rate of 4.9 per cent. Interest on exchequer investments is affected by domestic and international interest rates, exchange rates and the level of government's cash balances.
Minister1 0.8 0.9 1.0 1.6 1.7 1.8 1.
Deputy Minister1 0.7 0.7 0.8 1.3 1.4 1.5 1.
Management 21.1 35.0 43.7 36.5 42.0 44.4 45.
Corporate Services 67.1 88.0 95.8 102.6 96.3 102.6 110.
Property Management 53.2 37.0 36.5 57.3 47.4 49.7 52.
Total 143.0 161.6 177.6 199.4 188.8 200.0 211.
Change to 2008 Budget estimate 17.8 (8.0) (4.9) (4.
From 2008/09, the current payments relating to the total remuneration package of political office bearers are shown, before this, only salary and car allowance are included. Administrative and other subprogramme expenditure may in addition include payments for capital assets as well as transfers and subsidies.
Current payments 131.1 156.7 167.5 194.7 181.3 190.3 202.
Compensation of employees 42.2 52.0 61.1 66.0 63.7 72.8 81.
Goods and services 88.7 102.1 106.3 128.6 117.5 117.5 121.
Administrative fees 2.9 3.0 3.4 4.3 2.7 2.7 2.
Advertising 0.8 0.7 0.7 1.0 1.1 1.1 0.
Assets less than R5 000 6.3 2.9 1.1 0.8 0.8 0.8 0.
Audit costs: External 3.7 4.9 3.3 2.2 3.6 3.9 4.
Bursaries (employees) 0.2 0.1 0.3 0.5 0.7 0.8 0.
Catering: Departmental activities - 0.6 0.7 0.7 1.0 1.0 1.
Communication 6.0 3.8 3.8 3.7 4.3 4.6 4.
Computer services 6.7 13.9 18.3 21.7 18.6 19.1 19.
Consultants and professional services: 17.0 22.0 19.6 19.4 10.5 6.3 6.
Consultants and professional services: 3.4 10.6 10.8 7.1 10.1 10.9 11.
Contractors 1.9 1.2 1.3 7.2 3.6 2.1 1.
Agency and support / outsourced - - - 0.7 6.1 6.5 6.
Entertainment 0.5 0.1 0.2 0.3 0.2 0.2 0.
Inventory: Food and food supplies 0.3 0.4 0.5 0.4 0.4 0.4 0.
Inventory: Fuel, oil and gas 0.1 0.1 0.2 0.2 0.2 0.2 0.
Inventory: Materials and supplies 2.2 0.7 1.1 0.2 0.0 0.0 0.
Inventory: Other consumables 0.8 0.7 0.9 2.5 1.5 1.6 1.
Inventory: Stationery and printing 3.4 2.8 3.4 3.2 3.9 4.1 4.
Lease payments 0.6 17.1 17.8 19.3 20.5 21.5 23.
Owned and leasehold property 21.7 - 4.3 17.7 12.0 12.6 13.
Travel and subsistence 6.5 6.7 9.9 10.7 11.5 12.3 12.
Training and development 2.7 2.9 3.9 1.7 2.1 2.6 3.
Operating expenditure 1.0 6.2 0.4 1.4 1.4 1.4 1.
Venues and facilities 0.2 0.6 0.5 1.7 0.8 0.8 0.
Financial transactions in assets and 0.2 2.6 0.
Transfers and subsidies 0.3 0.8 2.7 1.1 1.3 1.4 1.
Departmental agencies and accounts 0.2 0.2 0.2 0.2 0.2 0.3 0.
Public corporations and private 0.0 0.0 0.1 0.0 0.1 0.1 0.
Households - 0.6 2.4 0.8 1.0 1.0 1.
Payments for capital assets 11.5 4.1 7.4 3.7 6.2 8.3 7.
Machinery and equipment 10.6 4.1 7.4 3.7 6.2 8.3 7.
Software and other intangible assets 0.
Departmental agencies and accounts Departmental agencies (non-business entities) Current Finance, Accounting, Management, Consulting and other Financial Services Sector Education and Training Authority 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.3 0.3 0.3 0.
Expenditure between 2005/06 and 2008/09 increased from R143 million to R199.4 million at an average annual rate of 11.7 per cent, mainly due to the rollout of the integrated document management system, the maintenance of the PABX telephone system, recruitment drive initiatives, the implementation of the internal audit strategy, increased legal costs, and the centralisation of internship intakes.
Between 2008/09 and 2009/10, expenditure is expected to decrease by 5.3 per cent, reaching R188.8 million in 2009/10. This is because of the once-off cost for the maintenance of the PABX telephone system and the lower spending on the accommodation optimisation plan. Expenditure over the MTEF period will stabilise at an average annual rate of 2 per cent.
Public Finance provides financial and budgetary analysis of government programmes, advises on policy and service delivery trends, and manages National Treasury's relations with other national departments.
Budget Office provides fiscal policy advice, oversees expenditure planning and the national budget process, leads the budget reform programme, coordinates international technical assistance and donor finance, supports public private partnership projects, and compiles public finance statistics.
Intergovernmental Relations coordinates fiscal relations between national, provincial and local government, and promotes sound provincial and municipal budgetary planning, reporting and financial management.
Technical and Management Support includes advisory and capacity building initiatives focused on public private partnerships, project management, infrastructure service delivery and public finance information systems. A dedicated unit has been established to support budgetary planning related to the 2010 FIFA World Cup.
Funding for all subprogrammes will mainly be used for compensation of employees and related expenditure in goods and services.
Give effect to government's economic, fiscal, social and development goals by preparing annual Budget frameworks and medium term expenditure recommendations.
Improve financial management by promoting sound planning, budgeting and project management, including by giving support to public finance reforms in provinces and municipalities through training and issuing guidelines.
Promote public and private investment in infrastructure and public services by providing technical support for public private partnerships, advising on financing alternatives for municipal development, and providing financial assistance for neighbourhood development projects.
Promote transparency and access to information on government budgeting and expenditure by publishing the Budget Review, the Estimates of National Expenditure, provincial and local government budget and expenditure reviews, the medium term budget policy statement and appropriation legislation, which contain relevant, accurate and clear financial information and associated indicators of service delivery and performance according to the various guidelines.
Promote improved planning and analysis of public expenditure and service delivery and the appropriate use of public and private financial resources for social and economic development and infrastructure investment by analysing expenditure and performance information and compiling quarterly reports.
Contribute to policy development, planning and improved financial management through advice and technical assistance to support public service delivery, infrastructure development and improved public administration.
Support project management and sound financing arrangements for South Africa's hosting of the 2010 FIFA World Cup by continuously providing advice and ensuring appropriate funding of projects related to the event.
Through the intergovernmental relations division, National Treasury has played a major role in compiling municipal and provincial budgets and quarterly reports, as required in terms of section 32 of the Public Finance Management Act (1999) and section 71 of the Municipal Finance Management Act (2003). The reports have assisted in building the oversight information base required for councillors and parliamentarians to play a more meaningful role with improved information at their disposal in monitoring performance.
Public Finance 27.2 25.8 31.6 34.8 35.4 37.2 40.
Budget Office 26.8 28.3 29.9 34.5 35.4 37.6 40.
Intergovernmental Relations 42.4 26.2 30.4 37.3 38.2 40.8 42.
Technical and Management Support 24.7 58.3 120.1 120.6 99.5 94.6 93.
Total 121.1 138.5 212.0 227.1 208.5 210.2 217.
Change to 2008 Budget estimate 31.2 2.6 1.7 1.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Agency and support / outsourced services Inventory: Stationery and printing Lease payments Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Universities and technikons Public corporations and private enterprises Payments for capital assets Machinery and equipment Software and other intangible assets 113.2 129.7 204.6 201.9 199.7 202.0 209.3 65.0 48.2 2.0 1.2 0.3 - 0.4 0.1 28.0 - 6.0 0.3 6.2 1.1 0.3 0.7 0.0 71.9 57.8 2.1 1.7 0.4 0.8 0.5 - 33.5 - 7.0 0.5 7.6 1.3 0.8 1.2 0.0 89.7 114.9 2.5 1.2 0.3 1.0 0.6 0.3 90.7 - 5.8 0.6 8.0 1.7 0.7 1.0 0.0 102.7 99.2 2.4 1.1 0.5 1.2 0.6 1.0 64.4 6.1 6.2 0.6 9.8 1.9 0.6 1.9 - 108.1 91.5 1.2 0.8 0.5 1.2 0.6 0.3 39.0 0.3 6.5 0.7 10.1 14.9 0.3 14.4 - 114.2 87.8 1.5 1.2 0.5 0.6 0.7 0.4 61.7 0.4 6.9 0.8 11.2 0.7 0.3 0.4 - 122.3 87.1 1.5 0.7 0.5 1.2 0.7 0.4 57.7 0.2 7.0 0.9 11.5 2.1 0.3 1.
Current Technical Assistance Unit Trading Entity 6.0 6.0 6.0 23.0 7.0 6.9 6.
Project Development Facility Trading Account 6.0 6.0 6.0 6.0 6.0 5.9 5.
Expenditure between 2005/06 and 2008/09 increased substantially at an average annual rate of 23.3 per cent, from R121.1 million to R227.1 million. This was mainly due to increases in professional and advisory capacity for technical assistance projects falling within the project management framework. The framework is financed through the technical assistance unit trading account created in 2008/09. Further increases in expenditure relate to the 2010 FIFA World Cup, as well as improving the implementation of the infrastructure delivery improvement programme.
Expenditure over the MTEF period will decrease at an average annual rate of 1.4 per cent from R227.1 million in 2008/09 to R217.5 million in 2011/12. This is reflected in the expected decrease in the advisory services budget as the infrastructure delivery improvement programme is being phased out.
Management provides strategic guidance and direction to the overall programme, including managing the central budget.
Asset Management promotes the optimal allocation and use of financial resources and sound corporate governance in state owned entities.
Liability Management provides for government's funding needs, manages domestic and foreign debt, and contributes to the development of domestic capital markets.
Financial Operations provides for the prudent management of cash in all spheres of government, efficient accounting of debt and investment transactions, the supply of reliable systems and the provision of quality information.
Strategy and Risk Management develops and maintains a risk management framework.
Oversee state owned enterprises by reviewing corporate plans and annual reports.
Finance government's gross borrowing requirements of R109.2 billion by March 2010 through borrowing money from the domestic and international markets.
25.6 per cent and 2.2 per cent of GDP by March 2010.
Ensure that government's liquidity requirements are met consistently through sound forecasting of R2 trillion of cash flows by March 2010.
Enable government to control financial risks and attract investment by reviewing credit, debt, country ratings and contingent liability risk benchmarks and ensuring adherence to these standards by March 2010.
Initiatives such as diversifying debt instruments and improving liquidity by creating benchmark bonds, have enabled government to develop the domestic market and finance its borrowing requirement, despite the global financial market turmoil. In 2008/09, a successful bond switch programme was introduced in which R57.8 billion of short term bonds were switched to long term bonds, thus reducing refinancing risk. The programme was active in 2008/09 and may continue into 2009/10.
The department introduced a new sales channel to promote the accessibility of retail bonds, which can now be purchased at Pick n Pay retail outlets.
The department submitted the review report of development finance institutions and a financial review on the Pebble Bed Modular Reactor project to Cabinet.
Management 4.0 11.3 16.5 29.5 19.1 19.8 18.
Asset Management 6.0 8.6 16.1 12.3 15.3 16.1 16.
Liability Management 7.9 9.1 9.2 10.9 12.3 12.9 13.
Financial Operations 7.2 7.9 11.3 10.6 11.3 11.8 12.
Strategy and Risk Management 5.1 4.4 4.8 6.0 6.4 6.7 7.
Total 30.2 41.3 57.8 69.3 64.4 67.3 69.
Change to 2008 Budget estimate 8.0 3.0 6.6 4.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Audit costs: External Bursaries (employees) Communication Computer services Consultants and professional services: Business and advisory services Inventory: Stationery and printing Lease payments Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Payments for capital assets Machinery and equipment Software and other intangible assets 29.3 40.5 55.3 68.6 63.7 66.6 68.3 21.9 7.4 0.2 0.4 0.4 0.1 0.3 1.8 0.5 0.3 0.1 1.7 0.6 0.4 0.3 0.0 26.0 14.5 0.3 0.6 0.4 0.1 0.3 2.3 6.2 0.5 0.1 1.5 0.5 0.6 0.5 0.0 30.1 25.3 0.5 0.4 0.4 0.3 0.3 4.1 15.0 0.5 0.1 2.0 0.5 0.7 0.4 - 35.1 33.5 0.5 0.4 0.5 0.3 0.4 5.4 20.5 0.6 0.1 2.8 0.6 0.5 0.1 - 41.3 22.3 1.0 0.6 0.5 0.6 0.5 3.0 8.7 0.9 0.2 3.5 0.9 0.9 0.7 - 45.4 21.2 1.0 0.6 0.5 0.7 0.5 4.8 5.3 0.9 0.2 3.7 0.9 0.9 0.7 - 48.0 20.3 1.1 0.6 0.6 0.7 0.6 3.1 5.6 1.0 0.2 3.8 1.0 1.0 0.
Expenditure between 2005/06 and 2008/09 increased from R30.2 million to R69.3 million at an average annual rate of 32 per cent mainly due to research for the pebble bed modular reactor project, the review of the mandates of development finance institutions, the reassessment of state owned enterprises' treasury operations, and the development of a treasury management system that addresses the needs of the programme.
Expenditure over the MTEF period is expected to decrease from R69.3 million in 2008/09 to R69.1 million in 2011/12 at an average annual rate of 0.1 per cent. The decrease is due to the completion of the treasury management system, the once-off payment for the pebble bed modular reactor research project and the review of development finance institutions.
Management monitors activities of the programme.
Supply Chain Management develops policy that regulates the supply chain processes in the public sector, monitors policy outcomes, and facilitates and manages transversal term contracts on behalf of government.
Financial Systems maintains and improves existing financial management systems, and replaces outdated systems with those that comply with the Public Finance Management Act (1999) and generally recognised accounting practice.
Funding for all subprogrammes will mainly be used for compensation of employees and related expenditure in goods and services, as well as payment of consultants.
rolling out a revised supply chain management framework from August 2009 revising and issuing a supply chain management guide for accounting officers or authorities in 2009/10 monitoring supply chain management compliance by submitting reports to Cabinet and the standing committee on public accounts by August 2009.
introducing and applying strategic sourcing principles to 100 per cent of transversal contracts in 2009/10 introducing strategic sourcing principles to 60 per cent of all national and provincial departments, constitutional institutions, public entities and high capacity municipalities in 2009/10.
Maintain government's financial systems by implementing the second phase of the integrated financial management system by 2009/10, including developing the lead asset management modules using the integrated development environment toolset.
The integrated financial management systems project is progressing steadily. In 2007/08, contracts have been concluded for the integrated development environment toolset and the procurement module. The contract for the human resource management module was provisionally awarded in 2007/08. The development of the lead asset management modules, using the integrated development environment toolset, has started and is due to be finalised by the end of 2008/09.
The department will begin the implementation of the procurement module in 2009/10 in the lead sites of National Treasury and the South African National Defence Force, while the human resource management model will be implemented in the lead sites of the South African National Defence Force, the Department of Public Service and Administration, and the Free State education department. The implementation of the asset management module will begin in 2009/10 at the lead sites of National Treasury, the South African National Defence Force, and the provincial treasury, health and transport departments of Limpopo province.
Management 1.1 1.3 1.3 1.5 1.5 1.6 1.
Deputy Director-General Specialist Functions 1.1 1.3 1.3 1.5 1.5 1.6 1.
Supply Chain Management 27.8 20.3 28.8 21.9 32.5 36.0 38.
Chief Directorate Supply Chain Policy 14.8 9.3 14.6 6.4 16.5 18.4 19.
Chief Directorate Contract Management 8.3 5.5 8.7 8.5 9.8 11.0 11.
Chief Directorate Norms and Standards 4.7 5.6 5.5 7.0 6.3 6.6 7.
Financial Systems 197.0 169.1 231.3 276.7 577.7 606.4 629.
Operational Costs 13.0 12.7 13.7 16.3 17.4 19.3 20.
Basic Accounting System 55.8 47.1 48.3 54.7 56.1 57.8 55.
Logis 40.5 42.0 45.2 52.7 48.1 49.6 51.
Vulindlela 19.0 16.8 22.8 24.6 24.3 25.0 26.
Integrated Financial Management System 29.8 10.8 59.4 82.7 383.3 404.8 428.
Total 225.9 190.8 261.4 300.1 611.7 644.0 669.
Change to 2008 Budget estimate (257.5) (90.5) (133.9) (130.
Current payments Compensation of employees Goods and services of which: Administrative fees Audit costs: External Bursaries (employees) Communication Computer services Consultants and professional services: Business and advisory services Inventory: Other consumables Inventory: Stationery and printing Lease payments Travel and subsistence Training and development Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Payments for capital assets Buildings and other fixed structures Machinery and equipment Software and other intangible assets 223.0 188.8 260.7 297.7 610.9 643.1 668.5 26.2 196.8 0.2 1.1 0.1 1.0 186.5 0.6 0.0 0.4 0.4 1.1 0.4 4.5 0.0 28.7 160.2 0.3 0.9 0.1 0.6 151.5 0.2 0.0 0.6 0.4 1.2 0.7 3.3 0.0 30.3 230.4 0.5 0.6 0.1 0.6 222.1 0.7 - 0.4 0.5 0.9 0.4 3.5 0.0 35.0 262.7 0.5 0.8 0.5 1.0 251.9 0.5 0.8 0.3 0.8 2.8 (2.1) 4.0 - 36.6 574.4 0.1 1.7 0.5 0.6 563.0 0.2 - 0.6 0.7 1.9 0.7 3.9 - 40.1 603.0 0.1 2.8 0.5 0.6 589.7 0.2 - 0.6 0.8 2.1 0.7 4.2 - 42.3 626.1 0.1 2.9 0.6 0.6 611.7 0.2 - 0.7 0.9 2.3 0.8 4.
Expenditure increased between 2005/06 and 2008/09 at an average annual rate of 9.9 per cent, from R225.9 million in 2005/06 to R300.1 million in 2008/09, mainly due to the ongoing maintenance work on the legacy systems such as the basic accounting system, LOGIS, PERSAL and also Vulindlela.
Expenditure over the MTEF period is expected to increase substantially from R300.1 million in 2008/09 to R669.3 million in 2011/12 at an average annual rate of 30.7 per cent. This is due to the intensified implementation of the integrated financial management system, reflected in computer services, which takes up 92 per cent of the programme budget in 2009/10.
Financial Reporting for National Accounts is responsible for accounting for the National Revenue Fund and the Reconstruction and Development Programme Fund, banking services for national government, and providing support to all spheres of government in implementing financial reporting frameworks and preparing consolidated financial statements.
Financial Management Improvement includes improving financial management, developing the reporting frameworks in line with international and local best practice, developing and implementing accounting policies, and improving the financial management and internal audit capacity within government.
Service Charges (Commercial Banks) provides for bank service charges for all departments' deposit accounts.
Audit Statutory Bodies provides for compensation for certain shortfalls of statutory bodies and municipalities in terms of the Auditor-General Act (1995). Funding for all subprogrammes will mainly be used for compensation of employees and related expenditure in goods and services, as well as transfer payments.
ongoing rollout of capacity building programmes in financial management, internal audit and risk management to improve unqualified reports in all spheres of government.
Achieve transparency and accountability to the general public by ongoing publishing, and where applicable tabling, of the monthly statement of the National Revenue Fund and consolidated financial information for national government, and by publishing the annual financial statements of the reconstruction and development programme by October 2009.
Monitor compliance with the Public Finance Management Act (1999) through timeous progress reports on the improvement of financial management in August and November 2009.
Maintain National Treasury's status as a South African Institute of Chartered Accountants approved accredited training office for the training outside public practice programme and grow the programme by increasing the number of trainees.
The department revised the internal audit and risk management frameworks through the hosting of the internal audit indaba, the risk management symposium, the public sector financial management symposium and chief financial officer forums. These are forums that provide opportunities for networking, empowerment and exchange of ideas.
In November 2008, National Treasury submitted a Cabinet memorandum, providing details of audit outcomes and the tabling of annual reports of all national and provincial institutions for 2007/08. In general, a significant number of Public Finance Management Act (1999) compliant institutions are meeting the deadline to table their annual reports and financial statements in the legislature within 6 months from the end of the financial year. Departments are making progress with improving their audit outcomes, with 8 departments having received unqualified audit reports in 2007/08, compared with only 2 in 2006/07.
Financial Reporting for National Accounts 28.3 46.8 63.0 65.6 74.8 84.1 87.
Financial Management Improvement 19.4 12.6 18.4 39.8 29.4 31.3 32.
Investment of Public Monies - - - 0.0 0.0 0.0 0.
Service Charges (Commercial Banks) 0.0 0.1 0.1 0.2 0.1 0.1 0.
Audit Statutory Bodies 13.6 11.9 23.8 106.5 19.0 21.3 23.
Contingent Liabilities: Reinsurance Liabilities - - 0.0 0.0 0.0 0.0 0.
Total 61.3 71.4 105.2 212.2 123.4 136.8 144.
Change to 2008 Budget estimate 123.2 30.3 38.9 40.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Audit costs: External Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Legal costs Contractors Agency and support / outsourced services Inventory: Stationery and printing Lease payments Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities 42.4 42.5 57.6 77.1 74.0 83.7 86.4 19.3 23.2 0.9 0.2 1.2 0.5 2.5 - 1.0 - 1.2 0.1 2.2 11.2 0.2 1.5 - 21.4 21.1 0.8 0.2 3.2 0.1 4.8 - 1.5 - 0.7 0.1 2.1 3.5 0.1 3.4 0.0 24.5 33.0 1.3 0.4 5.1 0.1 10.6 0.7 0.0 - 0.9 0.1 2.9 5.2 0.2 5.0 - 29.8 47.3 1.2 0.4 2.6 0.3 9.6 - 0.5 4.2 1.2 0.1 4.5 14.1 0.3 7.4 - 31.8 42.2 1.2 0.8 5.2 0.5 10.1 - 0.2 0.1 1.5 0.1 3.6 14.1 0.2 3.5 - 38.4 45.3 1.2 0.7 5.5 0.5 10.6 - 0.9 0.1 1.6 0.1 3.9 15.0 0.3 3.9 - 40.0 46.4 1.1 0.7 5.5 0.6 10.7 - 0.3 0.1 1.6 0.1 4.2 15.8 0.3 4.
Transfers and subsidies 18.4 27.8 47.4 134.2 48.6 52.6 57.
Departmental agencies and accounts 18.3 27.5 47.1 134.2 48.3 52.1 56.
Households - 0.3 0.3 - 0.3 0.5 0.
Payments for capital assets 0.5 1.1 0.2 0.8 0.8 0.5 0.
Machinery and equipment 0.5 1.1 0.2 0.8 0.8 0.5 0.
Departmental agencies and accounts Departmental agencies (non-business entities) Current Auditor-General Independent Regulatory Board for Auditors Capital Accounting Standards Board 13.6 22.7 40.9 126.8 41.1 44.6 48.6 13.6 - 11.9 10.9 23.8 17.1 106.5 20.3 19.0 22.0 21.3 23.3 23.9 24.7 4.7 4.8 6.2 7.4 7.2 7.5 8.0 4.7 4.8 6.2 7.4 7.2 7.5 8.
Expenditure increased from R61.3 million in 2005/06 to R212.
51.3 per cent, mainly due to more staff being hired, a once-off payment to the auditor-general for capping of fees, hosting a risk management symposium, the training outside public practice programme, a public sector financial management symposium, an internal audit indaba and costs relating to the formulation of the financial management capability maturity model.
Expenditure over the MTEF period is expected to decrease at an average annual rate of 12.1 per cent, from R212.2 million in 2008/09 to R144.3 million in 2011/12, mainly due to the once-off payment to the auditorgeneral of R106.5 million in 2008/09.
Management and Research funds the department's economic research programme, including promoting the research capacity of local academic researchers, in areas such as economic growth, macroeconomic stability, poverty alleviation, retirement reform, financial sector development and regional integration.
Financial Sector Policy provides policy advice on the financial sector, including legislation and the regulatory framework. Key strategic focus areas include retirement reform, financial stability and financial sector access and transformation.
Tax Policy provides advice on the formulation of tax policy. It is also responsible for drafting tax legislation, tax revenue analysis and forecasting.
International Economics focuses on improving South Africa's participation in international economic institutions and debates. It also facilitates the deepening of South Africa's role in regional integration (the Southern African Development Community (SADC) and the Southern African Customs Union) and works through key economic institutions, such as the African Development Bank, the United Nations Economic Commission for Africa and the New Partnership for Africa's Development (NEPAD).
Economic Policy provides macroeconomic, microeconomic, forecasting and regulatory technical and policy analysis for the annual budget and other government processes, as well as policy review. Funding for all subprogrammes will mainly be used for compensation of employees, and related expenditure in goods and services.
Improve the macroeconomic framework of the country by publishing research papers and proposals on promoting growth, macroeconomic stability, retirement reform, and related policy areas.
Review and strengthen the regulatory framework for the financial sector by continuing to implement the Basle II capital accord, which came into effect on 01 January 2008.
developing a legislative framework for a second tier of banks establishing a cooperative banks development agency for the registration, support, supervision and regulation of the cooperative banks sector facilitating the transformation of the financial sector through ongoing participation in the Charter Council.
Develop tax policy proposals for the annual Budget, prepare legislative changes to support tax proposals and monitor collection of revenue through ongoing consultation with relevant stakeholders and consideration of contributing factors.
Improve South Africa's participation in international economic institutions like the International Monetary Fund, the World Bank, and the G20 and the African Development Bank, by influencing the agendas and providing inputs for the meetings.
continuously participating in SADC forums supporting the Southern African Customs Union to meet regional challenges, including reviewing the existing revenue sharing formula.
In June 2008, the department successfully hosted the annual bank conference on development economics, which reflected on issues such as high food prices, financial turmoil, investment and growth, human development and the role of China in financing Africa's development.
In 2008/09, the final research papers of the International Growth Advisory Panel were released to the public. The Financial Services Laws General Amendment Bill was also presented to Cabinet. A research paper on prudential foreign exposure limits was finalised for institutional investors, and National Treasury's 2008 Tax Statistics, published late in 2008, provides a detailed breakdown of tax revenues by income categories and sectors.
Management and Research 4.0 14.8 10.8 19.0 22.1 25.2 27.
Financial Sector Policy 19.2 14.5 16.1 22.3 21.5 22.4 23.
Tax Policy 7.8 11.5 12.4 14.4 15.5 17.1 17.
International Economics 9.2 9.6 13.1 16.1 16.9 17.8 18.
Economic Policy 12.5 18.5 40.7 22.0 11.7 12.1 12.
Total 52.8 68.9 93.2 93.8 87.6 94.5 99.
Change to 2008 Budget estimate 11.3 7.8 11.0 11.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Catering: Departmental activities Communication Consultants and professional services: Business and advisory services Agency and support / outsourced services Inventory: Stationery and printing Lease payments Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Universities and technikons Public corporations and private enterprises Payments for capital assets Machinery and equipment 46.0 64.2 90.2 88.1 81.9 88.8 93.7 24.9 21.1 0.7 0.7 - 0.2 10.8 - 1.0 0.3 5.3 0.5 0.7 0.3 0.0 30.9 33.3 1.0 0.3 0.4 0.3 18.6 - 1.0 0.2 7.4 0.5 1.6 1.5 0.0 37.1 53.1 1.5 0.5 0.4 0.7 14.6 - 1.9 6.6 15.0 0.7 3.4 7.2 0.0 45.7 42.4 1.2 0.5 0.5 0.5 15.2 1.1 2.0 0.2 11.4 0.7 3.9 4.6 - 52.7 29.2 1.5 0.5 0.6 0.4 12.6 0.4 1.3 0.2 8.1 0.9 1.3 0.7 - 58.0 30.7 1.0 0.5 0.6 0.4 13.5 0.4 1.4 0.2 8.9 1.0 1.3 0.8 - 61.4 32.2 0.9 0.4 0.6 0.4 14.3 0.4 1.5 0.2 9.5 0.9 1.4 0.
Universities and technikons Current University of Cape Town Public corporations and private enterprises Private enterprises Other transfers Current Centre for Development and Enterprises 0.8 3.5 2.3 5.0 5.0 5.0 5.0 0.8 3.5 2.3 5.0 5.0 5.0 5.0 5.
Expenditure increased from R52.8 million in 2005/06 to R93.
21.1 per cent, mainly due to: an increase in the staff complement; the hosting of the annual bank conference on development economics in 2008; and an increase in research funding, including research for regulatory impact analysis and microeconomic analysis, and on the implications of policy advice and implementation on legislation including tax, pensions and banking regulations.
Expenditure over the MTEF period is expected to increase from R93.8 million in 2008/09 to R99.3 million in 2011/12 at an average annual rate of 1.9 per cent. This is due to improvements in the functioning of the financial regulatory system in the Financial Sector Policy subprogramme and the improvement of economic policy proposals in the Economic Policy subprogramme.
Infrastructure Grant to Provinces provides for the transfers to provinces and for monitoring them. The grant supports accelerated infrastructure development and maintenance for roads, schools, health facilities and rural development.
Local Government Financial Management and Restructuring Grants provides for transfers to municipalities and assists municipalities in building capacity to implement the financial management reforms underpinning the Municipal Finance Management Act (2003).
Neighbourhood Development Partnership Grant provides for the transfer to municipalities for the design of partnership projects and the co-financing of the construction of new and improved community facilities and related municipal assets.
Funding will be used for transfers to provinces and municipalities.
increasing the number of projects granted award status from 80 to 90 by 2009/10 increasing the number of capital projects under construction that supports township regeneration from 7 to 10 by 2009/10.
Build financial skills by improving internal and external reporting on financial management grants as they relate to budget, service business delivery implementation plans, in-year monitoring and annual reports by 2010.
Manage conditional grants by transferring infrastructure grants to provinces according to the payment schedule and the requirements of the Division of Revenue Act.
Ensure proper planning and implementation of infrastructure maintenance by the provincial departments of education, health and transport by quarterly monitoring of their delivery of provincial infrastructure.
National Treasury commissioned a study to identify 25 of the poorest municipalities in South Africa, with a view to providing additional financial and technical support to these in 2008/09. With the support of the provincial treasuries, all these municipalities submitted proposals on their areas of focus.
The neighbourhood development partnership grant is a hybrid grant, comprising a technical assistance fund and a capital grant for selected township regeneration projects, aimed at leveraging private sector investment and improving citizens' quality of life. By 2008/09, 729 applications were received. 86 awards were made to 51 municipalities, and the department is targeting a potential 135 townships.
The level of spending on technical assistance has been less than projected, mainly due to slow planning processes by municipalities. By September 2008, capital grant spending was on track in 8 projects under construction.
Infrastructure Grant to Provinces 2 984.1 4 983.5 6 276.2 7 384.5 9 249.2 11 314.9 13 091.
Local Government Financial Management and Restructuring 387.5 410.3 675.3 180.0 300.0 364.6 384.
Neighbourhood Development Partnership Grant - 50.0 41.2 373.5 661.4 753.8 939.
Gautrain loan - - - - 4 200.
Total 3 371.6 5 443.7 6 992.7 7 938.0 14 410.6 12 433.3 14 415.
Change to 2008 Budget estimate (18.7) 4 443.9 939.2 2 288.
Provinces and municipalities Provinces Provincial revenue funds Capital Infrastructure grant to provinces Transitional grant: North West Gautrain loan Provinces and municipalities Municipalities Municipal bank accounts Current Financial management grant: Municipalities Local government restructuring grant Capital Neighbourhood development partnership grant Departmental agencies and accounts Departmental agencies (non-business entities) Current Neighbourhood development partnership grant 2 984.1 4 983.5 6 276.2 7 384.5 13 449.2 11 314.9 13 091.2 2 984.1 - - 4 983.5 - - 6 026.2 250.0 - 7 384.5 - - 9 249.2 - 4 200.0 11 314.9 - - 13 091.
The infrastructure grant to provinces, which takes up 64.2 per cent of the programme budget in 2009/10, supplements the provincial equitable share. It supports the construction, maintenance and rehabilitation of infrastructure in education, roads, health and agriculture. Spending on provincial infrastructure increased from R3 billion in 2005/06 to R7.4 billion in 2008/09 at an average annual rate of 35.3 per cent, mainly due to higher expenditure on roads and transport and increased capital spending.
Spending on the infrastructure grant over the MTEF period is expected to increase from R7.4 billion in 2008/09 to R13.1 billion in 2011/12, at an average annual rate of 21 per cent, mainly due to improvements in the national education infrastructure management system and transport coal road haulage system.
The local government financial management restructuring grant was introduced to assist municipalities in implementing financial management reforms and support the technical advisor programme for hands-on skills transfer to municipal officials under the Municipal Finance Management Act (2003). Funds were transferred to municipalities based on their implementation plans. Grants to municipalities decreased from R387.5 million in 2005/06 to R180 million in 2008/09, at an average annual rate of 22.6 percent due to the phasing out of the local government restructuring grant.
28.8 per cent, to reach R384.6 million in 2011/12, due to increased capacity support for municipalities.
The expenditure for the neighbourhood development partnership grant has increased from R373.5 million in 2008/09 to R939.4 million in 2011/12 at an average annual rate of 36 per cent. This grant to municipalities is for the design of partnership projects and for co-financing the construction of new and better community facilities and related municipal assets. In 2006/07, only R50 million was transferred due to the slow implementation of projects, compared to the projected spending of R373.5 million in 2008/09.
The Gautrain project will be funded through a once-off loan of R4.
81.5 per cent increase in spending in transfers in 2009/10.
Civil Pensions and Contributions to Funds provides for the payment of benefits out of pension and other funds to the beneficiaries of various public sector bodies in terms of different statutes, collective bargaining agreements and other commitments.
Military Pensions and Other Benefits provides for the payment of military pension benefits and medical claims arising from treatment for disability, medical assistance devices, and other related expenses in terms of statutory commitments.
Funding is mainly used for transfers to funds and beneficiaries.
Pay pensions to people who made sacrifices or served the public interest in the democratisation of South Africa through full implementation of the Special Pensions Amendment Act (2008) by December 2010.
Improve turnaround time for pension payments by reviewing special pensions, medical pensions, military pensions and injury on duty processes and procedures by October 2009.
Alleviate poverty by ensuring timely and accurate monthly payments of military pension funds (on behalf of 7 024 beneficiaries), contributions to medical aid schemes (on behalf of 75 400 members), and risk and administrative fees on behalf of 900 members of the Political Office Bearers Pension Fund.
The enactment of the Special Pensions Amendment Act (2008) will extend the right to a pension to persons 30 years of age, but not yet 35 years of age, on 31 December 1996.
All staff from the special pensions division were absorbed into the Government Employees Pension Fund with permanent and long term contracts. The communications and promotional strategy for the implementation of the special pensions amendments was completed in 2008/09.
The department also addressed the backlog of more than 50 per cent in the post-retirement medical benefits in 2008/09.
Civil Pensions and Contributions to Funds 1 860.9 1 901.7 2 027.4 2 157.6 4 741.8 2 214.7 2 347.
Military Pensions and Other Benefits 150.0 147.0 149.4 156.1 178.5 183.9 194.
Total 2 010.9 2 048.7 2 176.8 2 313.7 4 920.3 2 398.6 2 542.
Change to 2008 Budget estimate (39.0) 2 480.
Current payments Goods and services of which: Consultants and professional services: Business and advisory services Financial transactions in assets and liabilities 25.8 30.4 29.9 32.9 34.2 33.2 35.2 18.0 18.0 7.8 26.7 26.7 3.7 25.3 25.3 4.6 32.9 32.9 - 34.2 34.2 - 33.2 33.2 - 35.2 35.
Transfers and subsidies Foreign governments and international organisations Non-profit institutions Households 1 985.0 2 018.4 2 146.9 2 280.8 4 886.1 2 365.3 2 507.2 2.7 0.1 1 982.3 1.7 - 2 016.7 2.1 0.1 2 144.7 2.6 0.1 2 278.1 3.8 0.1 4 882.2 4.0 0.1 2 361.3 4.2 0.1 2 502.
Foreign governments and international organisations Current United Kingdom tax Households Social benefits Current Civil pensions Military pensions Political Office Bearers Pension Fund 2.7 1.7 2.1 2.6 3.8 4.0 4.2 2.7 1.7 2.1 2.6 3.8 4.0 4.2 1 982.3 2 016.7 2 144.7 2 278.1 4 882.2 2 361.3 2 502.9 1 835.2 147.1 - 1 872.1 144.5 - 1 997.9 146.8 - 2 123.5 154.6 - 2 208.7 173.5 2 500.0 2 182.5 178.7 - 2 313.5 189.
Government's contributions to pensions and other benefits on behalf of retired civil servants increased from R1.9 billion in 2005/06 to R2.2 billion in 2008/09, at an average annual rate of 5.1 per cent, due to increases in medical and other benefit tariffs and increased spending on injury on duty.
Expenditure for the programme is expected to increase from R2.3 billion in 2008/09 to R2.5 billion in 2011/12 at an average annual rate of 3.2 per cent. This is due to the implementation of the Special Pensions Amendment Act (2008), which will expand benefits to widows and orphans of beneficiaries and also increase the payment of claims for injury on duty by the special pensions division. The increase of 112.7 per cent between 2008/09 and 2009/10 is due to a once-off amount of R2.5 billion added for the Political Office Bearers Pension Fund.
The subprogrammes reflect the different types of transfers.
Domestic transfers are made to the South African Revenue Service, the Financial and Fiscal Commission, the Secret Services account, and the Financial Intelligence Centre.
Lesotho, Namibia and Swaziland, under the Common Monetary Area Compensation subprogramme, for the rand monetary area agreement the African integration and support programmes various international programmes, such as the Commonwealth Fund for Technical Cooperation, the Investment Climate Facility, and the Global Alliance for Vaccines and Immunisation.
Eskom - - - 10 000.0 30 000.0 20 000.
Domestic Budgetary Transfers 6 627.6 7 119.4 8 165.2 9 284.0 10 217.8 11 517.1 12 286.
South African Revenue Service 4 254.3 4 874.6 5 511.0 6 302.8 7 035.5 7 949.0 8 600.
Financial and Fiscal Commission 19.7 21.7 27.5 26.1 24.6 26.4 28.
Secret Services 2 330.1 2 223.1 2 584.2 2 843.6 2 997.3 3 251.6 3 473.
Financial Intelligence Centre 23.6 - 42.5 111.5 156.4 282.0 169.
Cooperative Banking Development Agency - - - - 4.0 8.2 15.
Domestic Programme Transfers 66.2 311.7 222.3 246.8 267.4 282.6 296.
Development Bank of Southern Africa: Siyenza Manje - 258.3 168.9 246.8 267.4 282.6 296.
Development Bank of Southern Africa: Financial management 66.2 53.4 53.
Africa Integration and Support 244.7 282.8 320.6 349.6 414.5 439.0 465.
Common Monetary Area Compensation 244.7 282.8 320.6 342.8 359.4 381.0 403.
Regional Integration - - - 5.0 5.0 5.0 5.
Financial and Technical Support - - - 1.8 50.1 53.1 56.
Multilateral Institutions 143.2 282.1 163.6 170.4 139.2 148.6 145.
African Development Bank and African Development Fund 121.6 104.9 76.9 102.4 76.0 80.6 85.
World Bank Group (including IDA) 21.6 177.2 86.6 68.0 63.1 68.0 60.
International Projects 2.3 10.1 17.6 19.8 22.1 23.1 24.
Collaborative Africa Budget Reform Initiative - - - - 1.2 1.2 1.
Commonwealth Fund for Technical Cooperation 2.3 2.9 3.4 3.5 3.5 3.5 3.
International Funding Facility for Immunization - 7.2 7.4 8.0 8.5 9.0 9.
Investment Climate Facility - - 6.8 8.3 8.9 9.4 10.
Total 7 084.0 8 006.0 8 889.3 20 070.5 41 060.9 32 410.5 13 218.
Change to 2008 Budget estimate 10 229.7 30 471.3 20 838.3 955.
Transfers and subsidies Departmental agencies and accounts 7 084.0 8 006.0 8 889.3 20 070.5 41 060.9 32 410.5 13 218.8 6 627.6 7 119.4 8 165.2 9 284.0 10 217.8 11 517.1 12 286.
Public corporations and private enterprises 66.2 311.7 222.3 10 246.8 30 267.4 20 282.6 296.
Foreign governments and international organisations 390.1 574.9 501.7 539.8 575.7 610.8 635.
Current South African Revenue Service (current) 5 798.3 6 754.3 7 308.6 7 983.5 9 606.4 10 767.3 11 514.7 3 803.9 4 788.0 5 255.7 6 021.1 6 883.6 7 778.8 8 409.
Secret Services Account (current) 1 955.2 1 944.6 1 988.6 1 830.7 2 585.4 2 764.7 2 892.
Financial Intelligence Centre (current) 19.6 - 36.8 105.6 108.8 189.2 169.
Capital 829.3 365.0 856.7 1 300.5 611.4 749.9 771.
South African Revenue Service (capital) 450.4 86.6 255.3 281.7 152.0 170.2 191.
Secret Services Account (capital) 374.8 278.5 595.7 1 012.9 411.8 486.9 580.
Financial Intelligence Centre (capital) 4.0 - 5.7 5.9 47.6 92.
Current 66.2 311.7 222.3 246.8 267.4 282.6 296.
Capital - - - 10 000.0 30 000.0 20 000.
Current 247.0 292.8 338.2 367.6 386.5 409.1 433.
Capital 143.2 282.1 163.6 172.2 189.2 201.7 202.
Africa Development Bank and African Development Fund 121.6 104.9 76.9 102.4 76.0 80.6 85.
World Bank 21.6 177.2 86.6 68.0 63.1 68.0 60.
There is no direct expenditure under this programme, only transfers. Transfers increased from R7.1 billion in 2005/06 to R20.1 billion in 2008/09, at an average annual rate of 41.5 per cent. The increase was mainly due to additional budgetary allocations which also included inflation adjustments to the South African Revenue Service and the Secret Services, the Financial Intelligence Centre for capacity building and accommodation, and the Eskom subordinated loan for building infrastructure for sustainable electricity. Transfers are expected to decrease from R20.1 billion in 2008/09 to R13.2 billion in 2011/12, at an average annual rate of 13 per cent, due to the phasing out of the Eskom funding.
The project development facility is a single function trading entity in National Treasury's public private partnership unit, created in accordance with the Public Finance Management Act (1999). It was created to assist national, provincial and municipal spheres of government to pay for services provided by consultants (transaction advisors) to conduct feasibility studies for public private partnership projects. After the financial close of the project, the funds are recovered from the successful private party bidder, allowing the project development facility to fund further projects.
The facility also disburses technical assistance funds for municipalities to access capital grants from the neighbourhood development partnership grant.
The project development facility receives R6 million a year over the medium term for transaction advisors.
The following table shows project commitments in transactional advisory services for 2009/10.
The technical assistance unit is a facility within National Treasury. It was established in 2001, and from April 2008, a trading entity has been operated within the unit. The technical assistance unit trading entity will play a major role in the fields of legislation, institutional and municipal operation and capacity building by ensuring that prudent financial and project management are implemented throughout national, provincial and local government.
The unit will receive transfers of R1 million a year from 2009/10 to 2011/12 from National Treasury. National Treasury is in the process of establishing the unit as a government component and this will affect the governance arrangements of this unit.
The South African Revenue Service is mandated to support government in meeting its key growth developmental objectives by facilitating legitimate trade, protecting South African ports of entry and eliminating illegal trade and tax evasion. By administering an efficient tax system, the South African Revenue Service is reducing the compliance burden, ensuring delivery on revenue targets and ensuring good governance and administration.
Key priorities of the South African Revenue Service over the MTEF period include implementing new tax policies, instruments and trade policies, and implementing and improving the modernisation programme.
The implementation of government's framework for tax policy began in 2006/07 and was aimed at broadening the tax base, where appropriate. Outcomes are already apparent through lowered tax rates to improve the equity of the tax system, while promoting savings and investment. The main underpinnings of the 2007 tax proposals were: to support economic growth, investment, and job creation; boost business confidence and development; promote financial security for poorer households; and support macroeconomic policy objectives. In 2006/07, government offered total tax relief of R12.4 billion.
In 2007, the South African Revenue Service introduced its modernisation programme. The first phase of the programme, which was launched in 2007/08, included e-filing and focused on the income tax assessment process. This resulted in significant improvement for taxpayers and practitioners: 34 per cent of returns are now processed within 48 hours, compared to only 1.6 per cent in 2006/07. Another outcome was a major increase in electronic filing as the preferred way of submitting tax returns. More than 1 million e-filed returns were submitted compared to only 35 000 in 2006/07.
2007/08 saw a temporary slowdown in a cycle of buoyant activity. However, the 2008 Budget cautioned that financial market turbulence and a sharp economic slowdown in the United States would have a negative impact on global economic growth and growth prospects domestically. In this context, the South African Revenue Service still managed to deliver and surpass revenue targets year on year. For 2007/08, revenue collection grew by 16 per cent (R79 billion) to R572.8 billion.
The South African Revenue Service was also appointed the lead agency in preparing a national integrated border management system in preparation for the 2010 FIFA World Cup. A mobile X-ray container scanner was installed and commissioned at the Durban container terminal, and militarily trained customs border control staff and a new detector dog unit are required in support of the border control operations coordination committee project. SARS is responsible for all the border control committee's operational expenses and funding has been requested for the implementation of the committee's projects over the MTEF period. As lead agency and chair of the committee, the South African Revenue Service is responsible for monitoring all ports of entry, and implementing all the committee's projects and initiatives.
Amount of annual revenue collected R417.3bn R495.5bn R572.8bn R642.3bn R711.5bn R777.9bn R850.
Revenue has grown from R123 billion in 1995/96 to R642 billion in 2008/09, exceeding the revised 2008 Budget of R571.1 billion by R1.8 billion (0.3 per cent). This was achieved in an economic environment characterised by moderate economic growth (from 5 per cent to 5.1 per cent) in 2007/08. Although the economy experienced a temporary slowdown and recession in 2008/09, the South African Revenue Service has projected a 24 per cent increase in revenue collection over the MTEF period.
This represents an average annual growth rate of 14.8 per cent, despite progressive reductions in the tax rates for companies and individuals. The total tax base has grown from 2.4 million taxpayers in 1995/96 to 9 million taxpayers in 2007/08, yielding an average increase of 11.6 per cent. The number of assessments processed has increased significantly, from 4.5 million in 1995/96 to 15.2 million in 2007/08. Import and export value has grown significantly from R229 billion in 1995/96 to R980 billion in 2007/08.
The first phase of the modernisation programme was launched in 2007/08, and resulted in significant improvement in the income tax assessment process. This led to a major increase in electronic filing as a preferred channel for the submission of returns. More that 1 million e-filed returns were submitted in 2007/08 compared to only 35 000 in 2006/07. As a result, the South African Revenue Service managed to reduce the cost/collection ratio from 1.23 per cent in 2005/06 to 1.1 per cent in 2007/08.
The South African Revenue Service continues to model the principles of the Batho Pele programme by providing appropriate services to stakeholders by improving efficiency, channel access, stakeholder contact and core assessment processes. Through education, outreach and marketing, the South African Revenue Service has actively communicated with its stakeholders (taxpayers) to change their understanding and perception of tax obligations and the potential use of different service channels. The outcomes are evident in the successes of the modernisation programme.
Changes to the submission of returns were introduced in 2006/07 through the electronic filing process, which reduced compliance costs and improved service delivery and the risk management process. Other fundamental changes included a move away from issuing cheques for refunds to electronic payments and an improved process for verifying IRP5 information. During 2007/08, a scanning solution was introduced and implemented effectively. The focus was on scanning income tax under review, which increased the number of electronic submissions, and enabled the South African Revenue Service to exceed the target set for processing returns.
The introduction of the modernised returns processing model has helped to address the increased volumes with fewer staff, while improving service delivery. This has resulted in the effective processing of 34 per cent of returns within 2 days and 96 per cent of returns within 90 days.
The South African Revenue Service introduced a dedicated channel of tax practitioners. The call centre was equipped with multiskilled agents to assist with all types of tax queries. A dedicated small business tax amnesty call centre was also established.
Taxpayers services and business enablement 1 741.5 1 703.7 1 722.9 1 861.1 2 162.7 2 335.7 2 522.
Customs operations 454.7 493.8 532.6 630.9 733.1 791.7 855.
Enforcement, risk and debt collection 744.5 910.6 1 154.6 1 398.5 1 625.1 1 755.1 1 895.
South African Revenue Service administration 1 596.1 1 526.2 1 643.7 1 720.5 1 850.0 2 080.2 2 323.
Modernisation: Business as usual and projects 598.6 521.8 554.2 1 054.6 894.4 1 126.8 1 214.
Total expense 5 135.4 5 156.1 5 607.9 6 665.5 7 265.3 8 089.6 8 811.
Non-tax revenue 240.0 281.8 333.1 328.4 270.1 264.2 264.
Other non-tax revenue 240.0 281.8 333.1 328.4 270.1 264.2 264.
Transfers received 4 254.3 4 881.7 5 511.0 6 302.8 7 035.5 7 949.0 8 600.
Total revenue 4 494.3 5 163.4 5 844.1 6 631.2 7 305.6 8 213.2 8 864.
Current expense 5 135.4 5 156.1 5 607.9 6 665.5 7 265.3 8 089.6 8 811.
Compensation of employees 2 935.4 3 124.0 3 500.3 4 078.9 4 690.2 5 065.4 5 470.
Goods and services 1 958.4 1 712.4 1 865.1 2 233.5 2 124.6 2 470.4 2 713.
Depreciation 239.1 276.3 211.5 316.3 409.7 508.4 627.
Interest, dividends and rent on land 2.5 43.4 31.0 36.7 40.8 45.
Total expenses 5 135.4 5 156.1 5 607.9 6 665.5 7 265.3 8 089.6 8 811.
Surplus / (Deficit) (641.1) 7.3 236.2 (34.3) 40.3 123.6 53.
Carrying value of assets 598.7 577.6 798.6 1 216.9 1 255.0 1 375.7 1 425.2 of which: Acquisition of assets 332.2 321.8 438.4 734.6 450.0 632.0 680.
Receivables and prepayments 56.1 87.7 79.1 79.0 68.4 68.4 68.
Cash and cash equivalents 747.4 911.2 1 072.5 627.6 641.9 629.3 600.
Total assets 1 402.2 1 576.5 1 950.2 1 923.5 1 965.3 2 073.5 2 094.
Accumulated surplus/deficit 417.4 437.7 673.9 639.6 679.9 803.5 856.
Borrowings 162.2 518.8 507.6 484.9 470.3 446.8 406.
Trade and other payables 518.5 342.2 433.8 434.0 442.7 447.1 451.
Provisions 304.3 277.8 334.9 365.0 372.3 376.0 379.
Total equity and liabilities 1 402.2 1 576.5 1 950.2 1 923.5 1 965.3 2 073.5 2 094.
Contingent liabilities 74.0 72.1 69.0 65.5 62.3 60.3 55.
Funding for the South African Revenue Service comprises a transfer from National Treasury, commission earned on the collection of skills development levies and unemployment insurance contributions, and interest received on any temporary cash balances. The fluctuating trend for non-tax revenue collection has been influenced by interest receivable on temporary cash balances. Transfers received increased from R4.3 billion in 2005/06 to R6.3 billion in 2008/09 mainly to accommodate provisions for customs scanners and capacity building. Revenue largely funds goods and services and compensation of employees. Expenditure on personnel increased at an average annual rate of 11.6 per cent between 2005/06 and 2008/09, and the 15 per cent growth in 2009/10 is to cover capacity building in the areas of customs, small business amnesties and large business centres.
Transfers over the medium term will increase at an average annual rate of 10.9 per cent to R8.6 billion by 2011/12. Spending over the MTEF period will focus on improving the core systems, buying customs scanners, funding the operational budget to lead the border control operations coordination committee, and improving fraud detection and enforcement.
The Development Bank of Southern Africa is one of several development finance institutions in South and Southern Africa. Its purpose is to accelerate sustainable socioeconomic development by funding physical, social and economic infrastructure. The bank's core goal is to improve the quality of life of the people of the region.
co-deliver social and economic infrastructure, with a focus on the public sector build human and institutional capacity, with a focus on municipalities promote broad based economic growth, job creation, cooperation, integration and prosperity, with a focus on identified sectors, geographical areas and projects serve as a centre of excellence for development financing and effectiveness promote development sustainability, both internally and externally.
In partnership with National Treasury and the South African Local Government Association the Development Bank of Southern Africa is rolling out the Siyenza Manje (We are Doing it Now) flagship project, which was launched in 2006/07. The project deploys experts in engineering, finance, project management and town planning to second and third tier municipalities. By providing these resources, the Siyenza Manje programme aims to unlock municipal infrastructure grants and other funding from the fiscus, and to deploy priority skills in under capacitated municipalities and government departments. The aim is to accelerate the implementation of infrastructure projects, especially in water and sanitation.
Capacity has been bolstered with the deployment of 338 personnel in 2007/08 compared with 97 in the previous year. In 2007/08, the programme was supporting 155 municipalities, a significant increase on the 86 in 2006/07. Training in local government involved 2 676 delegates, including more than 500 delegates from the remaining SADC region participating in the programme.
In 2006/07, the Development Bank of Southern Africa and the Agence FranÃ§aise de Développement signed a five-year agreement that will regulate their working relationship in the creation of a joint pan-African capacity building platform. The focus of this agreement is a professional training programme in infrastructure project management, with a specific focus on the energy, water and sanitation, and transport sectors. The Development Bank of Southern Africa and the North West provincial government are making progress with their efforts to eradicate the bucket system and address sanitation backlogs in the province, which is part of this initiative.
The Development Bank of Southern Africa has been involved in infrastructure initiatives linked to the Accelerated and Shared Growth Initiative for South Africa. These range from water and sanitation to rail and road, ICT, sport and recreation, and housing.
Examples include: the R25 million Hex Valley augmentation water scheme; technical assistance of R1.3 million to BEE participants in the independent power producer projects of the Department of Minerals and Energy; empowerment funding and project debt of R500 million for the Gautrain project; participation in capital raising and re-financing of the N4 toll road amounting to R140 million; approval of a R467 million loan to the second fixed line network operator; disbursement of funds for stadium infrastructure for the 2010 FIFA World Cup and monitoring and controlling systems developed for the construction phase; funding a housing project of R55 million in Polokwane; and an inner city accommodation project worth R54 million in Braamfontein. The bank is a key player in the Accelerated and Shared Growth Initiative for South Africa's Joint Initiative on Priority Skills Acquisition.
In 2006/07, the bank funded the R7.3 million Gillimburg Farming project in Limpopo, which seeks to establish an animal feed company to produce a stable supply of value adding animal feed products, creating 75 new jobs. The bank has also contributed to the funding and technical support of women in construction and supports small, micro and medium enterprises. The bank's loan disbursements are expected to increase from R3.9 billion in 2008 to R6.9 billion in 2012.
Over the next three years, the bank's strategy envisages the investment of R8 billion in Southern Africa and the deployment of 150 experts to develop and implement infrastructure projects. The growth will be on the sectors and projects identified in the Accelerated and Shared Growth Initiative of South Africa, the SADC regional indicative strategic development plan and the New Partnership for Africa's Development short term action plan for infrastructure. The Development Bank of Southern Africa is also involved in infrastructure initiatives ranging from water and sanitation to rail and road, ICT, sport and recreation, and housing.
Total value of disbursements (loans and equity) to infrastructure related projects R3.1bn R3.7bn R3.9bn R5.6bn R6.2bn R6.8bn R7.
Co-funding ratio (other funding as proportion of bank disbursements)1 - 1:5.32 1:1.3 1:1.3 1:1.3 1:1.3 1:1.
Cost to income ratio 33.7% 34.
Value of municipality infrastructure grant and other infrastructure expenditure grants implemented in projects - - R2bn R3.
Total number of non-technical projects completed - - 160 200 300 300 300 1. For every R1 the bank commits, other organisations commit R5.32 (2006/07).
Since its launch in 2006/07, Siyenza Manje has deployed 158 experts and 79 young graduates to municipalities and government departments to facilitate the proactive initiation and accelerated implementation of priority water and sanitation infrastructure projects.
Through the local organising committee of the 2010 FIFA World Cup partnership, the bank continued to support the host cities with developing infrastructure for the event. In the rest of the region, the bank extended its partnership programmes with institutions such as the African Development Bank, the Agence FranÃ§aise de Développement and the Bank of Japan. The significant grant funding committed by the Agence FranÃ§aise de Développement in a new skills development partnership with the bank and the Industrial Development Corporation aims to develop approximately 100 skilled public sector delegates annually for deployment across the region.
The bank has maintained a healthy financial position characterised by strong growth in total assets (up by 19 per cent to R33.2 billion), higher net interest margins and sound returns on equity investments. Despite significant development challenges, the bank maintained a strong balance sheet during 2007/08 with its debt to equity ratio growing to 107.6 percent from 88.3 per cent in 2006/07.
The Development Bank of Southern Africa uses a unique social accounting matrix model to estimate the impact of its operations. The impact of the bank's disbursements on the GDP will be about R3 billion, contributing to the creation of 30 000 jobs in South Africa.
Disbursements of loan and equity 1 707.0 1 755.2 2 161.3 1 789.5 2 209.7 3 014.3 3 147.
Siyenza Manje - 42.2 121.3 365.4 443.
Vulindlela Academy - - 9.2 19.3 29.0 0.0 0.
Sustainable Communities - - 12.6 60.5 69.0 0.1 0.
Total expense 1 707.0 1 797.4 2 304.4 2 234.7 2 751.3 3 014.4 3 147.
Non-tax revenue 2 635.4 3 080.2 3 570.3 3 332.7 3 882.8 4 327.4 4 564.
Sale of goods and services other than capital 56.2 46.8 54.1 88.5 112.4 133.0 146.
Sales by market establishments 56.2 46.8 54.1 88.5 112.4 133.0 146.
Interest on loans 2 579.2 3 033.4 3 516.2 3 244.2 3 770.4 4 194.4 4 418.
Total revenue 2 635.4 3 080.2 3 570.3 3 332.7 3 882.8 4 327.4 4 564.
Current expense 1 472.9 1 763.9 2 258.1 2 165.4 2 605.7 2 860.0 2 983.
Compensation of employees 290.8 346.8 398.4 392.5 439.2 465.5 493.
Goods and services 115.4 168.0 515.9 365.7 372.0 372.3 397.
Depreciation 6.8 5.6 5.8 8.4 9.5 13.3 17.
Interest, dividends and rent on land 1 059.9 1 243.4 1 338.1 1 398.8 1 785.0 2 008.8 2 075.
Transfers and subsidies 234.1 33.5 46.3 69.3 145.7 154.4 163.
Total expenses 1 707.0 1 797.4 2 304.4 2 234.7 2 751.3 3 014.4 3 147.
Surplus / (Deficit) 928.4 1 282.8 1 265.9 1 098.0 1 131.4 1 313.0 1 417.
Carrying value of assets 210.7 283.7 318.5 401.4 410.0 428.3 498.0 of which: Acquisition of assets 32.2 2.7 35.0 91.4 18.0 31.6 87.
Investments 7 328.6 6 316.8 7 191.6 5 066.9 6 982.9 7 699.3 7 020.
Loans 17 321.9 20 218.2 23 307.5 26 921.9 30 473.1 32 514.7 34 785.
Receivables and prepayments 103.5 168.8 114.9 189.4 200.8 212.8 225.
Cash and cash equivalents 1 454.0 890.4 2 313.8 3 639.4 1 624.9 1 733.9 2 820.
Total assets 26 418.7 27 877.9 33 246.3 36 219.0 39 691.6 42 588.9 45 349.
Capital and reserves 13 218.7 14 538.2 15 779.9 16 652.3 18 214.2 19 331.9 20 617.
Borrowings 12 467.2 12 666.6 16 780.5 18 832.4 20 709.7 22 453.6 23 890.
Post-retirement benefits 130.9 172.2 195.8 172.2 172.2 172.2 172.
Trade and other payables 602.0 500.8 490.1 562.2 595.5 631.2 669.
Total equity and liabilities 26 418.7 27 877.9 33 246.3 36 219.0 39 691.6 42 588.9 45 349.
The bank's annual expenditure on financial contributions towards development increased over the five-year period from R98.6 million in 2003/04 (or 8 per cent of the operational surplus) to R308.4 million, that is 22 per cent of operational surplus in 2007/08. Current financial budgets and forecasts indicate that this ratio may grow to as much as 45 per cent over the next three years, which is why the bank is paying particular attention to managing its financial risk. Total assets grew by 19.3 per cent to R33.2 billion from 2005/06 to 2007/08, owing mainly to the 19.3 per cent growth in income earning assets. Development loans have grown by 15.8 per cent to R26.9 billion in 2008/09.
The Land Bank is an agricultural development finance institution whose mission is to support developing and resource poor farmers by providing them with retail, wholesale, project and micro-finance. As a specialist agricultural financier, the bank's aim is to improve the sector by providing the necessary support, especially for training and capacity building of (development) farmers and the sustainability of the sector.
Key components of the Land Bank's turnaround strategy to ensure that it delivers on its mandate include a focus on promoting previously disadvantaged individuals in the agriculture sector and promoting sustainable development and BEE in the agricultural sector. The bank's support to previously disadvantaged communities should help government with the redistribution of 30 per cent of agricultural land by 2014, and other land reform objectives.
The Land Bank is refocusing its strategy on development as core to its business to address its business challenges. With only 4 per cent of loans having gone to development projects, the Land Bank has been unable to grow in line with its mandate as a development finance institution. The new focus will be on improving its financial position and re-aligning the bank's operations with its mandate.
The Land Bank will put initiatives in place to improve its liquidity position, lengthen the maturity profile of investments, minimise short term refinancing risks, as well as increase rollovers and the issuing of new funding. The biggest concern has been the declining loan book - a decline from R14.1 billion to R12.4 billion. Equity (retained earnings) is set at a healthy R1.8 billion (excluding the government guarantee of R1.5 billion). The decrease in funds and administration was mainly due to the Micro-Agricultural Financial Institutions of South Africa fund remaining flat because the bank had stopped disbursing funds. Proper procedures and controls had to be put in place to ensure that irregularities could be avoided in future. National Treasury developed a policy that required the Land Bank to maintain fixed and floating assets.
Government has reaffirmed its support to the Land Bank by extending a capital guarantee of R1.5 billion, and a further cash injection of R700 million to support its turnaround strategy and to provide a prudent level of capital adequacy to ensure that the bank fulfils its mandate.
Funds set aside for agricultural development R421m R428m R432m R586m R1.186bn R2.386m R4.
Ratio of expense to income 58.9 % 81 % 74.2 % 129 % 114.8 % 138.1 % 145.
Loan book quality 11.4 % 15.3 % 17.6 % 16.
Net interest margin - 2.75 % 3.57 % 3.42 %0 3.31 % 2.77 % 2.
Capital adequacy ratio (including guarantee from National Treasury) 9.58% 18.41 % 24.46 % 25.32 % 24 % 22.68 % 21.
The Land Bank has made significant progress in regaining investor confidence by refining and stabilising its processes. This is reflected in the longer term funding that the bank is able to obtain in the markets. During 2007/08, the Land Bank grappled with a range of adverse developments. These included low levels of capitalisation and sustainability concerns, which partly emanated from a high number of non-performing loans and write-offs, damage to its reputation and weakening stakeholder confidence, the migration of clients to the private sector, and concerns regarding the alignment of its mandate with government policy.
In 2008, the asset and liability management division of National Treasury conducted two meetings with the Land Bank about progress since the transfer of the Land Bank from the Minister of Agriculture and Land Affairs to the Minister of Finance in 2008/09.
restructuring the bank's operations, based on the recommendations of the McKinsey and the development finance institution review reports stabilising the bank, by stabilising its financial and operational position, including identifying new funding sources and adjusting the funding structure, reducing running costs, and boosting the human resource capacity and IT systems planning the way forward, by focusing on reworking both the short and long term goals of the bank, the redevelopment and the approval of the corporate plan and turnaround strategy.
Financing development farmers and related 1 896.7 1 885.9 1 892.3 2 031.0 1 862.9 1 966.6 2 022.
Total expense 1 896.7 1 885.9 1 892.3 2 031.0 1 862.9 1 966.6 2 022.
Non-tax revenue 1 962.3 1 875.8 2 062.1 2 283.0 1 928.8 1 940.4 1 934.
Sale of goods and services other than capital 54.0 70.6 31.5 20.5 71.1 76.6 44.
Admin fees 22.0 43.4 27.1 14.0 26.6 28.2 30.
Sales by market establishments 31.7 26.6 4.4 6.5 44.5 48.4 14.
Other sales 0.2 0.
Interest on loans 1 908.3 1 805.1 2 030.7 2 262.5 1 857.6 1 863.8 1 890.
Total revenue 1 962.3 1 875.8 2 062.1 2 283.0 1 928.8 1 940.4 1 934.
Current expense 1 892.5 1 881.6 1 892.3 2 031.0 1 862.9 1 966.6 2 022.
Compensation of employees 200.9 229.0 234.3 252.8 292.9 309.9 329.
Goods and services 460.4 365.0 259.3 445.4 343.4 363.8 386.
Depreciation 9.1 12.3 13.1 7.9 6.1 6.0 6.
Interest, dividends and rent on land 1 222.1 1 275.3 1 385.6 1 325.0 1 220.5 1 286.9 1 299.
Transfers and subsidies 4.2 4.
Total expenses 1 896.7 1 885.9 1 892.3 2 031.0 1 862.9 1 966.6 2 022.
Surplus / (Deficit) 65.6 (10.1) 169.9 252.0 65.9 (26.2) (87.
Carrying value of assets 230.9 271.3 244.7 242.4 241.7 241.1 241.0 of which: Acquisition of assets 26.6 48.6 4.3 1.6 1.9 1.8 1.
Investments 1 204.1 1 285.3 274.7 191.9 203.4 215.2 228.
Loans 14 951.9 15 598.9 14 102.1 12 977.4 14 275.1 14 869.3 15 412.
Receivables and prepayments 49.9 29.8 6.4 7.0 7.4 7.9 8.
Cash and cash equivalents 3 249.9 1 118.3 1 444.0 1 884.0 1 997.0 2 102.9 2 235.
Assets not classified elsewhere - - 305.8 328.
Total assets 19 686.6 18 303.6 16 377.7 15 631.5 16 724.6 17 436.4 18 126.
Accumulated surplus/deficit 1 693.8 1 696.7 1 709.7 1 961.7 2 027.6 2 001.4 1 914.
Borrowings 17 589.4 16 195.6 13 554.5 12 298.7 13 528.5 14 204.9 14 915.
Trade and other payables 198.3 204.2 136.5 129.4 137.2 145.1 154.
Provisions 205.2 207.0 224.9 495.6 248.0 262.3 278.
Managed funds - - 752.1 746.1 783.4 822.5 863.
Total equity and liabilities 19 686.6 18 303.6 16 377.7 15 631.5 16 724.6 17 436.4 18 126.
In 2004/05, the Land Bank recorded total revenue of R2.5 billion, which declined by 10 per cent in 2005/06. In 2006/07, a slight increase was realised when it recorded a 24 per cent increase of R96.6 million. In 2007/08, total revenue closed at R2.1 billion, which is 17.5 per cent below total revenue in 2004/05. This indicates that the Land Bank's revenue is on a declining trend. This is largely due to decreases in interest income because some clients are failing to service their debt. In 2005/06, the Land Bank recorded losses that translated to a negative profit margin of 16.1 per cent. In 2006/07, a slight improvement of 3.1 per cent was recorded in the profit margin. By the end of 2007/08, there was a positive margin of 0.8 per cent when it recorded a net profit of R17.5 million.
The Land Bank's total expenses are mainly driven by personnel costs. On average, these costs make up about 43 per cent of total expenses. This is because as a financial services organisation, its business is human resource driven. The significant increase in expenses in 2008/09 is attributable to accruals that the bank had effected. These costs include professional fees for the clean-up project, anticipated claims against the bank and employee related expenses. These costs are once-off in nature and not expected to recur. Interest income is not expected to increase significantly as a lot of interest might have to be suspended or written off if the current trend in the development loan book persists. However, much effort is going to be channelled towards ensuring that development farmers are assisted and monitored to reduce associated risks.
R million 2007/08 2007/08 2008/09 2008/09 1. Administration 143.7 219.0 177.6 181.6 17.8 199.4 196.1 2. Public Finance and Budget Management 172.4 223.7 212.0 195.9 31.2 227.1 232.0 3. Asset and Liability Management 57.7 76.0 57.8 61.4 8.0 69.3 67.5 4. Financial Management and Systems 722.2 368.7 267.9 540.9 (240.8) 300.1 261.7 5. Financial Accounting and Reporting 82.1 94.1 98.8 105.7 106.5 212.2 208.5 6. Economic Policy and International 86.7 117.2 93.2 82.5 11.3 93.8 91.
Provincial and Local Government 7 159.3 7 384.3 6 992.7 7 956.7 (18.7) 7 938.0 7 651.
Civil and Military Pensions, Contributions 2 338.3 2 238.3 2 176.8 2 352.7 (39.0) 2 313.7 2 296.
Fiscal Transfers 8 945.7 9 027.2 8 889.3 9 840.8 10 229.7 20 070.5 20 070.
Subtotal 19 708.2 19 748.4 18 966.2 21 318.2 10 106.0 31 424.2 31 075.
Direct charge against the National 224 187.4 225 798.5 225 738.6 250 613.0 7 322.9 257 935.9 258 290.
Provinces equitable share 171 271.4 172 861.5 172 861.5 199 377.0 4 632.9 204 009.9 204 009.
State debt costs 52 916.0 52 937.0 52 877.1 51 236.0 2 690.0 53 926.0 54 281.
Total 243 895.6 245 546.9 244 704.7 271 931.2 17 428.9 289 360.1 289 365.
Current payments Compensation of employees 54 134.4 55 306.9 53 742.8 52 352.9 2 534.0 54 886.9 55 196.8 317.7 1 640.8 272.7 326.8 (12.5) 314.3 318.
Goods and services 900.6 729.1 588.3 790.1 (143.5) 646.6 597.
Interest and rent on land 52 916.0 52 937.0 52 877.1 51 236.0 2 690.0 53 926.0 54 281.
Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities - - 4.
Departmental agencies and accounts 8 452.5 8 211.3 8 218.6 9 192.5 333.9 9 526.4 9 448.
Universities and technikons 5.0 5.0 2.3 5.5 - 5.5 5.
Public corporations and private enterprises 278.6 278.7 222.4 296.8 9 950.0 10 246.8 10 246.
Foreign governments and international organisations 512.6 594.1 503.8 527.8 14.6 542.4 542.
Non-profit institutions 0.1 0.1 0.1 0.1 - 0.1 0.
Households Payments for capital assets Machinery and equipment Software and intangible assets 2 319.8 874.3 2 147.4 2 333.5 (54.6) 2 278.9 2 261.2 11.9 30.7 13.0 11.4 (1.2) 10.1 10.1 11.2 0.7 28.6 2.1 13.0 - 10.3 1.1 0.1 (1.4) 10.5 (0.3) 10.5 (0.
Compensation (R million) 196.3 226.6 264.5 307.2 326.6 360.7 386.
Unit cost (R million) 0.3 0.3 0.3 0.3 0.4 0.4 0.
Compensation of interns (R million) 3.1 4.3 8.2 7.1 7.7 8.1 8.
Unit cost (R million) 0.1 0.1 0.0 0.1 0.1 0.1 0.
Compensation (R million) 199.4 230.9 272.7 314.3 334.2 368.8 395.
Unit cost (R million) 0.3 0.3 0.2 0.3 0.3 0.4 0.
Compensation of employees (R million) 199.4 230.9 272.7 314.3 334.2 368.8 395.1 Training expenditure (R million) 16.5 9.3 16.1 16.9 33.6 20.9 23.6 Training as percentage of compensation 8.3% 4.0% 5.9% 5.
Households receiving bursaries (R million) - 0.4 0.6 0.8 1.0 1.0 1.
R million Conditional grants to provinces 7. Provincial and Local Government Transfers Infrastructure grant to provinces Gautrain loan Transitional grant: North West Audited outcome 2005/06 2006/07 2 984.1 4 983.5 - - - - 2007/08 6 026.2 - 250.0 Adjusted appropriation 2008/09 7 384.5 - - Medium-term expenditure estimate 2009/10 2010/11 2011/12 9 249.2 11 314.9 13 091.2 4 200.
Total Conditional grants to municipalities 7. Provincial and Local Government Transfers Local government restructuring grant Financial management grant: Municipalities Neighbourhood development partnership grant 2 984.1 255.0 132.5 - 4 983.5 265.0 145.3 - 6 276.2 530.0 145.3 41.2 7 384.5 - 180.0 288.5 13 449.2 - 300.0 582.0 11 314.9 - 364.6 630.0 13 091.2 - 384.6 840.
Total 387.5 410.3 716.5 468.5 882.0 994.6 1 225.1 1.
Table 7.E Summary of donor fundingTable 7.E Summary of donor funding (continued)Table 7.E Summary of donor funding (continued)Table 7.
<fn>GOV-ZA.427778palamaEn.2012-02-10.en.txt</fn>
Administration 57.3 55.6 - 1.7 63.3 65.
Public Sector Organisational and Staff Development 61.9 - 61.9 - 64.0 67.
Total expenditure estimates 119.3 55.6 61.9 1.7 127.3 133.
Website address www.samdi.gov.
The aim of the Public Administration Leadership and Training Academy is to provide or coordinate the provision of training and management development interventions that lead to improved performance and service delivery in the public sector.
Purpose: Facilitate overall management of PALAMA and provide support services for its organisational functions.
Purpose: Facilitate transfer payments to the training trading account for management development and the training of public sector employees.
The statutory responsibility of the Public Administration Leadership and Management Academy (PALAMA) is to provide or coordinate training to public servants and conduct examinations and tests. With the approval of the Minister for Public Service and Administration, the academy issues diplomas and certificates.
The former South African Management Development Institute began being reconstituted as PALAMA from November 2006. A new strategy was developed and consulted with unions and a corresponding organisational structure put in place. A much larger management team was recruited, and PALAMA was formally launched in August 2008. With more than 250 000 junior, middle and senior managers in some 140 national and provincial government departments in 9 provinces, there is a need for quality leadership development and management training.
PALAMA's strategy has three aspects: to change from being a provider to a facilitator of leadership development and management training; to no longer be a competitor with other service providers, but rather a collaborator; and to significantly broaden the academy's coverage and reach.
PALAMA is thus collaborating with provincial academies and local government training entities to procure training provision from a broad range of external service providers: higher education institutions, further education colleges, and private sector organisations. This will enable the delivery of many more training interventions, measured by person training days. PALAMA is also extending its capacities for programme development and review, contract and project management, research, monitoring and evaluation, and quality management.
At the level of the senior management service, the academy coordinates the provision of executive development programmes by consortiums of higher education institutions as well as international assistance for interventions for top level public servants. These programmes and interventions are intended to develop the leadership competencies specified by the Department of Public Service and Administration.
For junior and middle managers (about 250 000 across the three levels of government), the academy is developing and managing a national learning framework to extend and coordinate training delivery. The framework comprises curriculums, materials, quality assurance and course accreditation, and the monitoring of service provision. It is informed by the Department of Public Service and Administration's strategy for developing human resources in the public service.
The programmes or courses in the learning framework for junior management are tailored to the management competencies required at different levels, address the values and knowledge required for the public service in a developmental state, are being accredited by the Public Service Sector Education and Training Authority and other relevant sector education and training authorities, and complement training in other government departments.
In addition, a mass induction programme is seeking to reach the 75 000 new entrants to the public service each year to inculcate a commitment to Batho Pele and an awareness of South Africa's development challenges. (This excludes approximately 25 000 educators and public servants in the health sector, whose induction is being managed by their departments.
In implementing the new strategy through these activities, PALAMA has adopted the balanced scorecard approach to managing its performance and strategic objectives.
deliver PALAMA's mandated services to users and partners develop and maintain effective relations with key stakeholders contribute to collaborative inter-organisational undertakings ensure sound corporate governance of the academy effect ongoing transformation. These objectives help to align the distinct contributions of the different branches in the new organisational structure. They are cascaded into the annual performance agreements of managers in each branch and the work plans of their teams. The academy's nine branches fall into three broad groups: the executive development branch; the four branches that collectively foster large scale training interventions for junior and middle managers; and four support service branches, including international relations.
The overall target is that by 2011/12 the 250 000 middle and junior managers in the public service will receive at least five formal person training days a year, in line with an international benchmark. It is envisaged that by then some 60 per cent of the overall task will be managed by trainers within departments, who will themselves have been trained for this role. (This includes public servants in the education and health sectors outside these departments' own induction programmes.) The balance of the task will involve some 425 000 person training days to be provided externally at the national, provincial and local levels.
Selected performance and operations indicators are reported under the training trading account, which funds PALAMA's training activities.
Current payments Compensation of employees Goods and services of which: Administrative fees Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Payments for capital assets Machinery and equipment Software and other intangible assets 27.4 33.0 66.3 51.8 51.8 55.6 61.4 63.7 11.0 16.4 16.4 - 13.2 19.7 19.7 - 13.3 52.9 52.9 0.0 19.4 32.4 32.4 - 19.4 32.4 32.4 - 23.0 32.6 32.6 - 24.1 37.3 37.3 - 25.5 38.2 38.
Total 55.4 58.3 131.1 105.5 105.5 119.3 127.3 133.
Total expenditure grew from R55.4 million in 2005/06 to R105.5 million in 2008/09 at an average annual rate of 24 per cent. An additional amount of R60 million was made available in the 2007 adjusted Budget. This was once-off support for equipping the new PALAMA premises under the Administration programme (R32 million), and start-up for mass induction training under the Public Sector Organisational and Staff Development programme (R28 million). Support for mass induction training is sustained into 2008/09 as support for capacity building. Adjustments for inflation between 2009/10 and 2011/12 bring the average annual growth in spending over the medium term to an anticipated 8.2 per cent.
Savings of R3.4 million in 2009/10, R5.4 million in 2010/11 and R7.1 million in 2011/12 have been identified in goods and services and transfer payments to public entities.
Departmental receipts consist mainly of commission on insurance premiums deducted from employees' salaries, parking fees, and interest on departmental debt. Revenue for training services is received by the training trading account and does not form part of departmental receipts.
Table 8.
PALAMA has nine branches. The three administrative branches fall under Administration. The other six, which deliver the training services, fall under the training trading account in the Public Sector Organisational and Staff Development programme.
Finance oversees both the finance and accounting functions of the new academy. An expanded and modernised financial accounting section manages the significant number of debtors arising from the large projected number of training events per year and reimburses training institutions, service providers and other subcontractors.
Corporate Services oversees human resource management and development, ICT, and buildings and operations. The academy's strategic shift implies larger and different responsibilities for this subprogramme, including the management of provincial sites, outsourced ICT, and buildings and operations.
Governance and Strategic Support supports the director-general and top management. It oversees strategic functions and the transformation of the academy, as well as the communications, contract and project management, and knowledge management functions required by the other branches.
Management 4.3 4.9 14.4 17.3 15.6 19.7 20.
Corporate Services 24.7 27.1 59.5 32.6 37.3 38.8 40.
Property Management - 0.4 - 4.4 4.4 4.7 5.
Total 29.0 32.4 73.9 54.2 57.3 63.3 65.
Change to 2008 Budget estimate - (1.9) (3.6) (5.
Current payments 25.7 30.1 66.3 51.8 55.6 61.4 63.
Compensation of employees 9.5 11.0 13.3 19.4 23.0 24.1 25.
Goods and services 16.2 19.2 52.9 32.4 32.6 37.3 38.
Administrative fees 16.2 19.2 52.9 32.4 32.6 37.3 38.
Financial transactions in assets and - - 0.
Transfers and subsidies 0.0 0.
Provinces and municipalities 0.0 0.
Payments for capital assets 3.2 2.2 7.6 2.4 1.7 1.9 2.
Machinery and equipment 3.2 2.2 7.4 1.5 1.7 1.8 2.
Software and other intangible assets 0.0 0.1 0.2 0.9 0.1 0.1 0.
Expenditure in the Administration programme increased from R29 million in 2005/06 to R54.2 million in 2008/09, at an average annual rate of 23.3 per cent. An additional amount of R32 million was provided in the 2007 adjusted Budget for rental, furniture and fixtures for the new PALAMA office premises. Expenditure over the MTEF period is anticipated to grow at an average annual rate of 6.6 per cent, and provides for the reconstitution of PALAMA as an academy, and related capacity building.
Augmentation of Training Trading Account provides monthly transfers for augmenting the trading account.
Objectives and measures under this programme are reported under the training trading account, which funds PALAMA's training activities.
Public Sector Organisational and Staff Development 1.7 2.
Augmentation of Training Trading Account 24.8 23.1 57.2 51.3 61.9 64.0 67.
Total 26.4 25.9 57.2 51.3 61.9 64.0 67.
Current payments Compensation of employees Goods and services of which: Administrative fees Transfers and subsidies Provinces and municipalities Departmental agencies and accounts 1.7 2.
Departmental agencies and accounts Departmental agencies (non-business entities) Current 24.8 23.1 57.2 51.3 61.9 64.0 67.
Expenditure increased from R26.4 million in 2005/06 to R51.
24.7 per cent. This was due mainly to the additional amount of R28 million in the 2007 adjusted Budget for the start-up infrastructure for mass induction training. The increase is sustained in 2008/09 and beyond to support the finalisation of the reconstitution of PALAMA and ongoing capacity building. Over the MTEF period, average annual growth is expected to be 9.7 per cent. The increases in total expenditure between 2009/10 and 2011/12 are inflation related.
The training trading account, operational since April 2002, is a mechanism for partially recovering the costs of training programmes. The six branches of PALAMA that are funded through the training trading account facilitate and monitor leadership development and management training at all three levels of government, in collaboration with provincial academies and local government training entities.
Executive Development works with universities and universities of technology to deliver training at senior management service level. With a target of 10 000 senior management service members, this branch facilitates training for upper and lower senior management service members. It also houses research services for the academy on benchmarks, developments and best practices in public service capacity development.
Curriculum Design, Accreditation and Quality designs or commissions the design of the course material to be used by training providers, sees to its accreditation to assure quality, and seeks to advance the contribution of e-learning.
Junior and Middle Management Services Providers mobilises and coordinates the range of organisations that provide training, provides them with continuing professional development, and monitors the actual provision.
Training Coordination links users of training at all levels to training opportunities from providers. To this end, PALAMA has established a high-tech countrywide contact centre, which also handles referrals to provincial academies and local government training entities and their training providers.
Business Development communicates the opportunities for training to user departments countrywide, especially since about three-quarters of potential trainees are in provincial departments or provincial sites of national departments. It is therefore assigning staff at regional sites to collaborate with provincial academies and local government training entities.
International Relations manages projects with other African countries. It links to the African Management Development Institute's network, and provides the focal point for donor relations.
Revenue from course fees each year R36.2m R42.4m R53.4m R93.7m R109.7m R128.4m R150.
Average number of days to collect debt 195 208 189 192 177 162 132 1. There are 50 000 less projected person training days than those in the 2007 ENE because the Department of Education, and prospectively the Department of Health, wish to assume responsibility for inducting their new staff.
Improve the capacity of the state to deliver services by raising the skills levels of civil servants through competency based training of 425 000 person training days per year by 2011/12.
Improve the quality of training by accrediting 6 courses per year on a rolling schedule between 2009/10 and 2011/12.
PALAMA spent its entire budget in 2007/08, including the amount received from the 2007 adjusted Budget to equip the new premises. It achieved unqualified audit reports for the fifth consecutive year. This was noted in its appearance before the standing committee on public accounts, which also commended the active role of the audit committee and the internal audit function. 34 appointees from the 42 advertised senior management service posts had taken office by the end of January 2009, and the balance have been re-advertised. The new building was equipped and furnished before the launch of the academy in August 2008, and modernised ICT infrastructure has subsequently been installed. On the basis of statistics for the first 8 months of 2008/09, person training days exceed those for the first 8 months of last year by approximately a fifth. The target of 120 000 person training days for 2008/09 is likely to be met, despite the demands of the reconstitution and new premises.
PALAMA issues certificates of competence for certain of its programmes, notably those that are accredited through higher education institutions. Based on a comparison with last year, when 1 932 certificates were awarded, it is likely that the 2008/09 target of 2 000 certificates will be met. New governance related courses are being accredited, and are at different stages of rollout. They span gender mainstreaming, disability management, anti-corruption, and HIV and AIDS in the workplace. Supply chain courses have been taught in nearly every municipality, and financial management courses are in the pipeline. 9 courses have been newly accredited, and the accreditation of 2 more is in process to meet the 2008/09 target of 11 new accreditations.
A multi-prong marketing strategy has been devised to engage with key stakeholders at all levels of government. Partnerships have been established with several stakeholders, for example the Western Cape Academy and the Local Government Leadership Academy. PALAMA has brought together a network of public service sectoral colleges, for example in the justice, foreign affairs, defence and other departments, and hosted the first meeting in March 2008. The interprovincial forum managed by PALAMA, comprising senior officials involved in training from provincial academies, premiers' offices, local government and the Department of Public Service and Administration, has been working on joint projects such as the design of a senior management service induction programme. PALAMA's international projects are being rapidly expanded, with substantial donor support. For example, in the Democratic Republic of the Congo PALAMA trains hundreds of public servants each year and is supporting the revival of a management development institute, and in Rwanda, Burundi and Southern Sudan it is helping management institutes develop their capacity to provide innovative and relevant training and support activities.
Non-tax revenue 39.4 47.7 61.0 44.0 48.5 53.0 56.
Sale of goods and services other than capital 36.2 42.4 53.4 43.8 48.3 52.8 56.
Sales by market establishments 36.2 42.4 53.4 43.8 48.3 52.8 56.
Other non-tax revenue 3.2 5.3 7.6 0.2 0.2 0.2 0.
Transfers received 24.8 24.4 62.2 51.3 61.9 64.0 67.
Total revenue 64.1 72.0 123.2 95.3 110.4 117.0 124.
Current expense 44.4 58.3 85.5 93.7 109.1 115.8 122.
Compensation of employees 18.7 21.7 26.4 43.7 52.2 59.4 63.
Goods and services 25.2 35.9 58.2 49.0 56.0 55.4 58.
Depreciation 0.4 0.8 0.9 0.9 0.9 1.0 1.
Transfers and subsidies - 0.
Total expenses 44.4 58.3 85.5 93.7 109.1 115.8 122.
Surplus / (Deficit) 19.7 13.7 37.7 1.7 1.3 1.2 1.
Carrying value of assets 0.9 1.3 1.6 2.2 2.7 3.4 4.1 of which: Acquisition of assets 0.4 1.3 1.2 1.4 1.5 1.6 1.
Receivables and prepayments 19.4 24.2 28.7 22.8 25.0 27.3 30.
Cash and cash equivalents 24.3 31.6 79.9 30.0 28.6 29.8 32.
Total assets 44.6 57.2 110.3 54.9 56.4 60.5 66.
Accumulated surplus/deficit 37.5 51.2 88.9 49.2 50.0 53.5 59.
Trade and other payables 2.0 4.0 19.2 4.0 4.5 5.0 5.
Provisions 3.1 1.9 2.2 1.7 1.9 2.0 2.
Managed funds 2.
Total equity and liabilities 44.6 57.2 110.3 54.9 56.4 60.5 66.
Total expenditure in the training trading account increased from R44.4 million in 2005/06 to R93.7 million in 2008/09, at an average annual rate of 28.3 per cent, due mainly to expenditure on outsourced training partners and on establishing PALAMA. Expenditure is projected to grow at an average annual rate of 9.4 per cent over the medium term, to reach R122.7 million in 2011/12. Future increases will include the cost of planned new functions such as the monitoring and evaluation of training provision.
Total revenue (including the augmentation) increased from R64.1 million in 2005/06 to R95.3 million in 2008/09 at an average annual rate of 14.1 per cent. It is expected that revenue will continue to grow over the MTEF period, to R124 million, based on additional management revenue from the annually increasing number of person training days.
Revised Main Adjusted outcome Main Additional Adjusted estimate R million 2007/08 2007/08 2008/09 2008/09 1. Administration 41.9 73.9 73.9 54.2 - 54.2 54.2 2. Public Sector Organisational and Staff 29.2 57.2 57.2 51.3 - 51.3 51.
Total 71.1 131.1 131.1 105.5 - 105.5 105.
Current payments Compensation of employees Goods and services Financial transactions in assets and liabilities Transfers and subsidies Departmental agencies and accounts Payments for capital assets Machinery and equipment Software and intangible assets 40.3 70.3 66.3 51.8 - 51.8 51.8 17.5 22.8 - 17.5 52.8 - 13.3 52.9 0.0 19.4 32.4 - - - - 19.4 32.4 - 19.4 32.
Compensation (R million) 10.6 12.8 12.9 19.0 22.5 23.6 25.
Unit cost (R million) 0.1 0.2 0.2 0.2 0.3 0.3 0.
Compensation of interns (R million) 0.4 0.4 0.4 0.4 0.5 0.5 0.
Compensation (R million) 11.0 13.2 13.3 19.4 23.0 24.1 25.
Unit cost (R million) 0.1 0.1 0.1 0.2 0.2 0.2 0.
Compensation of employees (R million) 11.0 13.2 13.3 19.4 23.0 24.1 25.5 Training expenditure (R million) 0.1 1.0 0.2 0.2 0.2 0.2 0.3 Training as percentage of compensation 1.4% 7.8% 1.
CanadianInternationalDevelopmentAgency Gender mainstreaming Administration 24 077 Goods andservices Unit standards, curriculumframework and trainingmaterials for a 4-day SouthAfrican QualificationAuthority accredited gendermainstreaming course weredeveloped. Training rolloutbegan in October 2008.
<fn>GOV-ZA.427789dpsaEn.2012-02-10.en.txt</fn>
Administration 108.8 107.2 0.1 1.5 121.9 129.
Human Resource Management and Development in 68.7 46.9 21.9 - 74.9 67.
Management of Compensation in Government 51.2 51.2 - 0.1 61.3 65.
Information and Technology Management in Government 41.5 41.5 - 0.1 49.7 52.
Service Delivery Improvement throughout Government 32.7 32.7 - - 36.7 39.
Governance for Public Service and Administration 41.0 40.6 0.4 0.1 45.3 48.
Centre of Public Service Innovation 11.8 11.8 - - 13.0 14.
Total expenditure estimates 355.8 331.8 22.3 1.6 402.8 417.
Website address www.dpsa.gov.
The aim of the Department of Public Service and Administration is to lead the modernisation of the public service by assisting government departments to implement their management policies, systems and structural solutions within a generally applicable framework of norms and standards to improve service delivery.
Purpose: Provide policy, strategic leadership and overall management of the department.
Purpose: Develop and implement an integrated strategy, monitor employment practices, conduct human resource planning and diversity management, and improve the health and wellbeing of public service employees.
Purpose: Develop and implement compensation policies and guidelines for the public sector and ensure coordinated bargaining and effective programme management for the establishment of the single public service.
Purpose: Ensure the effective use of IT in government, and facilitate the use of information technology for modernising government and establishing e-government practices, within an acceptable information security environment.
Purpose: Engage in supportive interventions and partnerships which improve efficiency and effectiveness as well as innovative learning and knowledge based modes and practices of service delivery in the public service.
Purpose: Improve governance and public administration for improved service delivery in Africa and other participating countries worldwide, in support of the vision of efficiency and increased public participation in governance, by fighting corruption and carrying out participatory monitoring.
Purpose: Unlock innovation in the public sector and create an enabling environment for improved and innovative service delivery.
The Department of Public Service and Administration was established to provide policy making support to the Minister for Public Service and Administration. The aim was to transform and modernise the public service to promote service delivery. In its first four years, the main focus was on the development of new policies. From 2000, the focus changed to implementation to improve service delivery.
Since 2005/06, the department has placed particular emphasis on transforming the public service by developing and refining policies and regulations in pursuit of South Africa's developmental agenda. The mandate of the Department of Public Service and Administration has evolved over time, and there is a growing demand for the department to actively support public service institutions to implement policies. In response, the department reorganised itself and introduced programmes on research and knowledge management, and monitoring and evaluation, among others.
In addition, capacity was strengthened to make it possible for the department to engage differently with its primary clients, that is national and provincial government departments. Alternative engagement strategies include implementation frameworks and guides, various learning platforms, subject specific steering committees and forums, hands-on training, and deploying officials to departments experiencing multiple challenges. These strategies continue to be implemented alongside the department's initial delivery strategy, which was characterised by distance support to clients through directives and occasional meetings when necessary.
Government has put in place sound policies and regulations and guidelines have been developed to facilitate their implementation. However, the public service is still confronted by many challenges, including low levels of compliance, poor implementation, and a failure to demonstrate the impact of programmes. These challenges are demonstrated by service delivery failures, corruption and maladministration, and poor coordination between departments and across the spheres of government. The challenges to government objectives demonstrate that the mandate of the Department of Public Service and Administration is still relevant. The department's view is that its alternative strategies of the past few years should be intensified, and that policies should be reviewed and new legislation developed when necessary. In the medium term, this will consolidate initiatives and improve service delivery, and in the long term improve the public service.
The objectives underpinning the department's medium term strategy include: developing and strengthening the capacity of the state through efficient, effective and sustainable systems; strengthening the public sector through institutional reform; promoting good governance in the public sector and building an effective and caring government; developing the human resource capacity of the public sector; and pursuing strategic international partnerships to consolidate South Africa's regional and international public administration agenda.
The Department of Public Service and Administration has made some changes to its programme structure. Service Delivery Improvement is now called Service Delivery Improvement throughout Government, emphasising that this programme does not just promote service delivery improvement in a particular department or in the Department of Public Service and Administration itself. The Centre for Public Service Innovation has been moved from Service Delivery Improvement throughout Government to become a programme of its own. The centre will remain a government component, but its funding is expected to be through a transfer payment in future.
In May 2006, Cabinet approved the development of a single public service. This involved the design of framework legislation and regulations for all three spheres of government. Stakeholder consultations on the draft Single Public Service Bill began in July 2007. The bill was tabled in Parliament in 2008, but has subsequently been withdrawn for further consultation with stakeholders.
The single public service is a strategic initiative aimed at promoting and accelerating access to services. Minimum standards for service delivery across the three spheres of government will be developed and remuneration and conditions of service for government workers in all the spheres will be aligned. The rationale for the latter is to improve the mobility of government human resources, especially to very vulnerable areas.
R million 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 1. Administration 59.1 62.0 89.3 91.0 91.0 108.8 121.9 129.7 2. Human Resource Management and 41.4 41.6 45.4 56.9 53.5 68.7 74.9 67.
Management of Compensation in 26.6 168.1 116.5 143.1 143.1 51.2 61.3 65.
Information and Technology 22.0 33.1 38.3 35.1 35.1 41.5 49.7 52.
Service Delivery Improvement 23.2 51.5 38.7 31.3 31.3 32.7 36.7 39.
Governance for Public Service and 20.1 66.6 31.2 44.1 44.1 41.0 45.3 48.
Centre of Public Service Innovation 4.7 6.6 11.0 18.8 18.8 11.8 13.0 14.
Total 197.0 429.4 370.4 420.2 416.8 355.8 402.8 417.
Change to 2008 Budget estimate 7.9 4.5 5.0 4.5 (4.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Audit costs: External Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Legal costs Contractors Agency and support / outsourced services Entertainment Inventory: Materials and supplies Inventory: Other consumables Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Public corporations and private enterprises Foreign governments and international organisations Households Payments for capital assets Machinery and equipment Software and other intangible assets 188.7 345.7 366.2 416.6 410.8 331.8 377.5 390.8 72.1 116.6 0.2 4.6 3.7 0.8 0.2 - 4.2 8.2 3.4 0.4 1.0 35.1 1.8 0.3 0.3 6.3 9.5 0.4 25.6 1.5 1.0 8.1 0.0 92.5 253.2 0.2 6.0 3.1 1.8 0.3 1.9 6.8 28.2 1.0 0.5 72.9 53.6 1.1 0.4 0.5 11.2 2.8 1.0 35.6 2.0 1.4 20.7 0.0 115.8 250.4 0.9 24.9 0.7 1.7 0.6 0.8 3.7 36.3 0.8 0.6 82.8 28.3 0.6 0.4 0.3 9.4 13.3 0.0 30.6 2.2 2.7 8.8 0.0 133.1 283.6 0.6 7.8 3.4 2.2 0.3 1.7 5.8 29.0 49.2 0.5 89.6 0.2 0.8 0.7 0.6 12.9 26.8 0.1 30.9 2.4 1.9 15.8 - 130.6 280.2 0.6 7.8 3.4 2.2 0.3 1.7 5.8 29.0 49.2 0.5 86.2 0.2 0.8 0.7 0.6 12.9 26.8 0.1 30.9 2.4 1.9 15.8 - 137.9 193.9 0.6 7.1 3.1 2.3 0.4 1.9 7.6 32.9 47.5 0.5 11.7 0.4 0.5 1.1 0.1 13.0 22.1 0.0 28.5 2.4 2.7 7.4 - 159.5 218.0 0.6 7.2 2.7 2.4 0.4 1.6 8.3 39.7 54.8 0.6 12.6 0.4 0.5 1.1 0.1 15.5 25.1 0.0 31.1 2.6 2.4 8.0 - 171.2 219.5 0.6 7.6 2.8 2.5 0.4 1.7 8.9 42.1 48.3 0.6 13.3 0.5 0.6 1.1 0.1 14.3 26.8 0.0 33.2 2.7 2.6 8.
Between 2005/06 and 2008/09, expenditure increased from R197 million to R420 million at an average annual rate of 28.7 per cent. The increase is mostly due to changes in the Management of Compensation in Government and Governance for Public Service and Administration programmes, where additional funding was made available to cover the implementation of the government employee's medical scheme, the policy on incapacity leave and ill health retirement and the African peer review mechanism.
The increase in the Administration programme's budget over the medium term is mainly due to the devolution of accommodation funds from the Department of Public Works to national departments.
The transfer payment in the Public Service Education Training Authority subprogramme in the Human Resource Management and Development in Government programme constitutes 32.5 per cent of this programme's expenditure over the medium term. Rollover funding in 2008/09 and additional funding in 2009/10 and 2010/11 are allocated to the Human Resource Planning subprogramme in the Human Resource Management and Development in Government programme for the rollout of the HR Connect skills database to departments.
The budget of the Management of Compensation in Government programme decreases significantly from R143.1 million in 2008/09 to R51.2 million in 2009/10 due to the decentralisation of the policy on incapacity leave and ill-health retirement to national and provincial departments in 2009/10. Additional funding was received for licence fees for the job evaluation equate system in the two outer years of the MTEF period.
An allocation for the CabEnet project in the Information and Technology Management in Government programme increased this programme's budget at an average annual rate of 16.9 per cent from 2005/06 to 2008/09. The budget stabilises over the medium term at average annual growth of 14.7 per cent.
10.5 per cent between 2005/06 and 2008/09, and 7.7 per cent over the medium term. Major cost drivers include Batho Pele change management and service delivery improvement initiatives.
The sharp increase in the Governance for Public Service and Administration programme, from R20.1 million in 2005/06 to R66.6 million in 2006/07, is directly linked to the African peer review mechanism process, the national anti-corruption programme, and hosting the Global Forum V on fighting corruption and safeguarding integrity. Once-off expenditure in 2008/09 for the sixth Pan African conference hosted by the department distorts expenditure trends in this programme.
Compensation of employees increased from R72.1 million in 2005/06 to R133.1 million in 2008/09 at an average annual rate of 22.7 per cent. Additional amounts of R12 million and R14.9 million are allocated in 2010/11 and 2011/12 for expanding the department's human resource capacity, a process which started in 2007/08.
Cost containment measures of R47.1 million over the medium term have been identified in all programmes. The bulk of the savings will be identified under goods and services. The department revised its travel and subsistence policy, closely examines the use of consultants before outsourcing, and will manage inventory, entertainment, catering and communication expenditure tightly.
The initial allocation for the policy on incapacity leave and ill-health retirement was lower than anticipated, and in 2007/08, R11.1 million had to be reprioritised from all the other programmes to the Management of Compensation in Government programme for this.
The reorganisation of the department from April 2008 has caused the budget allocation for compensation of employees to be adjusted over the MTEF period.
The department estimates revenue of approximately R540 000 in 2008/09, mostly generated from parking fees, interest on bursary debts, commissions, and donations from public corporations and international organisations. Receipts are estimated to remain relatively stable over the MTEF period. Once-off amounts were received in 2005/06 from the Centre for Public Service Innovation (R7.8 million), when it became part of the department and had to close its bank account, and the African Renaissance Fund (R1 million), for assistance for a project in the Democratic Republic of the Congo. A once-off amount of R926 347 was received in 2006/07 from the Eastern Cape department of health for money owed to the department for the assistance provided by the integrated management team.
Minister 1 0.8 0.9 1.0 1.6 1.7 1.8 1.
Management 9.8 11.2 14.1 14.7 16.4 18.6 19.
Corporate Services 41.4 48.9 59.9 60.8 62.7 70.3 74.
Property Management 7.1 1.1 14.4 13.9 27.9 31.2 33.
Total 59.1 62.0 89.3 91.0 108.8 121.9 129.
2.5 6.5 7.4 1. From 2008/09, the current payments relating to the total remuneration package of political office bearers are shown, before this, only salary and car allowance are included. Administrative and other subprogramme expenditure may in addition include payments for capital assets as well as transfers and subsidies.
Current payments 56.2 57.6 86.0 89.0 107.2 120.1 127.
Compensation of employees 24.1 31.7 38.8 43.9 44.9 52.1 55.
Goods and services 32.1 25.9 47.2 45.0 62.3 68.0 72.
Advertising 1.2 1.0 2.0 2.7 3.2 3.5 3.
Assets less than R5 000 1.9 1.7 0.6 1.7 2.2 1.9 1.
Audit costs: External 0.8 0.9 0.8 1.0 1.0 1.1 1.
Bursaries (employees) 0.2 0.3 0.6 0.3 0.3 0.3 0.
Catering: Departmental activities - 0.5 0.2 0.3 0.6 0.7 0.
Communication 1.9 1.6 1.6 1.3 1.3 1.4 1.
Computer services 2.9 2.8 6.7 7.0 7.4 7.8 8.
Consultants and professional services: Business and 1.4 0.4 0.1 1.6 1.9 1.9 2.
Contractors 0.5 0.9 7.2 1.0 9.0 9.7 10.
Agency and support / outsourced services 2.6 2.1 1.4 0.1 0.2 0.2 0.
Inventory: Materials and supplies 0.2 0.4 0.3 0.6 1.0 1.1 1.
Inventory: Stationery and printing 0.9 1.9 2.4 1.6 2.1 2.2 2.
Lease payments 7.7 2.0 9.3 15.4 20.4 23.3 24.
Owned and leasehold property expenditure 0.2 0.5 0.0 0.1 0.0 0.0 0.
Travel and subsistence 6.7 5.9 9.8 7.0 8.2 9.4 10.
Training and development 0.4 0.7 0.6 0.7 0.6 0.7 0.
Operating expenditure 0.5 0.8 1.4 0.7 1.1 1.2 1.
Venues and facilities 1.0 0.8 1.2 0.8 0.8 0.9 0.
Financial transactions in assets and liabilities 0.0 0.0 0.
Transfers and subsidies 0.1 0.2 0.1 0.1 0.1 0.1 0.
Provinces and municipalities 0.1 0.0 0.0 0.0 0.0 0.0 0.
Public corporations and private enterprises - 0.1 0.1 0.1 0.1 0.1 0.
Foreign governments and international organisations 0.0 0.0 0.0 0.0 0.0 0.0 0.
Households - 0.1 0.0 0.
Payments for capital assets 2.8 4.2 3.3 1.9 1.5 1.7 1.
Machinery and equipment 2.8 4.2 3.3 1.8 1.4 1.6 1.
Software and other intangible assets - - - 0.1 0.1 0.
Between 2005/06 and 2008/09, expenditure increased at an average annual rate of 15.5 per cent due to the increase in staff, the additional allocation for the devolved funds from the Department of Public Works (R7.9 million), and additional funding for new accommodation (R11.6 million) in 2007/08.
Over the MTEF period, the largest increase can be seen in the Office Administration subprogramme, mainly for additional accommodation due to the increase in the number of staff.
The 2009 Budget allocations include additional technical inflationary adjustments over the medium term of R3.4 million, R3 million and R3.1 million in compensation of employees. Technical inflationary adjustments were also made in payments for capital assets: R82 000, R162 000 and R208 000.
Employment Practice and Career Management develops transversal policies, prescripts and interventions in the senior and middle management services. It is also responsible for the strategic positioning and delivery model of the human resource function in the public service.
Senior Management Service ensures that there is a professional management cadre in the public service by establishing and implementing competency based management and performance management systems through the development of transversal employment policies, prescripts and guidelines, and other career practices for senior management service members.
Human Resource Planning provides advice, develops policies, prescripts, processes and systems, and conducts interventions to improve human resource planning at departmental and macro level.
Diversity Management develops policy and guidelines on employment equity in the public service to remove barriers of access into and within the workplace for targeted groups and prevent direct and indirect discrimination against designated groups, through targeted strategies.
Employee Health and Wellness promotes and manages health and wellness in the public service and improves the quality of work life through focused strategies and a holistic framework.
Human Resource Development aims to improve the competency levels of public servants through capacity development activities, such as internships, learnerships and skills programmes, to ensure a constant pool of productive and contributing employees.
Public Service Education and Training Authority develops a coordinated framework for providing appropriate and adequate public service education and training.
Funding for all subprogrammes is mainly used for salaries and other personnel related costs.
Ensure the optimal health, wellness, and safety of public servants by equipping government departments with the necessary tools and skills by 2011.
Reduce the impact of HIV and AIDS in the public sector by training 400 employee health and wellness practitioners each year on the prevention and management of HIV and AIDS.
0.2 per cent to 2 per cent for people with disabilities, across all levels by 2010.
Provide information on skills in the public service by phasing in the HR Connect skills database in all government departments by 2011.
In 2008/09, the department developed a framework for the strategic repositioning of the human resource functions in line departments. 10 departments agreed to pilot this framework. The human resource development strategic framework is currently being rolled out, and a monitoring and evaluation implementation concept and tool is being developed.
The leadership development management strategy was finalised and launched at the senior management conference in September 2008.
A framework on human resource planning has also been developed, as well as a handbook on appointing board members. In line with the Public Service Act (1994) as amended, the first government component has been established from April 2008. Processes to establish the government printer and the office of the inspectorgeneral as government components are in motion.
The rollout of the HR Connect skills database is proceeding well. HR Connect will ensure that the department can analyse skill levels in relation to required posts, occupations and job profiles. An additional benefit is that personal and structural information on the PERSAL system is being cleaned up in the process.
An employment health and wellness policy framework was developed and the HIV and AIDS workplace policy in the public service reviewed. The curriculum on HIV and AIDS monitoring and evaluation has been developed and quality was assured, and the first training programme began in November 2008.
In 2007/08, the department developed an 8-principle action plan for women's empowerment and gender equality in the public service, which was launched at the first gender indaba, hosted by the department in August 2008.
Management 1.1 1.5 2.2 2.3 2.2 2.4 2.
Employment Practice and Career Management 4.7 3.3 4.6 4.6 4.5 5.2 5.
Senior Management Service 3.0 0.7 2.7 3.0 3.2 3.7 3.
Human Resource Planning 16.0 9.3 14.1 13.8 24.3 26.1 15.
Diversity Management - 4.7 2.5 3.3 4.0 4.5 4.
Employee Health and Wellness 6.6 8.1 4.1 4.3 4.5 5.4 5.
Human Resource Development 2.3 4.7 3.8 4.2 4.2 4.9 5.
Public Service Education and Training Authority 7.7 9.2 11.3 21.4 21.8 22.8 24.
Total 41.4 41.6 45.4 56.9 68.7 74.9 67.
Change to 2008 Budget estimate 2.9 12.3 1.7 (10.
Current payments Compensation of employees Goods and services of which: Assets less than R5 000 Communication Computer services Consultants and professional services: Business and advisory services Contractors Agency and support / outsourced services Inventory: Stationery and printing Lease payments Travel and subsistence Training and development Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities 40.1 40.3 45.3 56.9 46.9 52.0 43.3 16.2 23.9 0.3 1.1 0.3 0.3 0.0 7.3 1.0 0.9 10.4 0.2 1.3 0.0 18.5 21.8 0.5 0.4 1.8 0.1 0.1 9.6 2.2 0.2 3.4 0.3 1.7 - 25.2 20.1 0.1 0.6 0.2 0.0 0.4 7.6 1.4 1.8 4.5 0.5 2.0 0.0 26.7 30.2 0.4 0.9 0.5 13.9 0.6 0.2 1.5 3.3 5.3 0.2 2.2 - 21.1 25.8 0.2 0.7 0.0 15.2 0.3 0.2 0.8 0.3 4.9 0.2 2.1 - 24.5 27.5 0.3 0.8 1.0 13.9 0.3 0.3 1.5 0.4 5.7 0.2 2.2 - 26.2 17.1 0.3 0.8 1.1 2.7 0.3 0.3 1.6 0.4 6.0 0.2 2.
Departmental agencies and accounts - - - - 21.8 22.8 24.
Foreign governments and international organisations 0.0 - - 0.0 0.0 0.0 0.
Households Payments for capital assets Machinery and equipment Software and other intangible assets - 0.0 0.
Current Public Service Education and Training Authority - - - - 21.8 22.8 24.
Spending in the Human Resource Management and Development in Government programme increased from R41.4 million in 2005/06 to R56.9 million in 2008/09 at an average annual rate of 11.2 per cent, mainly due to allocations to the Public Service Education and Training Authority subprogramme. Spending over the medium term is set to increase at an average annual rate of 3.9 per cent. Additional funding of R12 million has been allocated to the Human Resource Planning subprogramme for the ongoing rollout of HR Connect to departments in 2009/10 and 2010/11. The functions of the Macro Organisation of the State subprogramme were incorporated in the Human Resource Planning subprogramme in this programme.
In 2007/08 and 2008/09, the funding of the Public Service Education and Training Authority subprogramme was classified as a transfer to the public entity. In the adjusted Budget it was reclassified to compensation of employees and goods and services. This was due to inadequate governance processes and systems in the Public Services Sector Education and Training Authority. It is anticipated that transfer payments will be made to the authority over the medium term.
Remuneration and Job Evaluation develops, implements and maintains policies, practices and systems on remuneration and macro benefits.
General Benefits develops, implements and maintains policies and practices on general benefits.
Negotiations and Labour Relations develops, implements and maintains policies and systems on labour relations for the public service, and ensures coordinated collective bargaining in the Public Service Coordinating Bargaining Council and the General Public Service Sectoral Bargaining Council.
Special Projects and Job Evaluation develops, implements and manages the human resource component of the integrated financial management systems project, and develops, implements and maintains policies, practices and systems on job evaluation and grading.
Single Public Service ensures effective and efficient programme management for establishing the single public service, including change management and communication.
Develop, implement and manage the integrated financial management system by piloting a functional human resource management module in the Department of Public Service and Administration and the Free State department of education by October 2010.
Develop, implement and maintain policies and practices on general benefits by identifying and reviewing the remaining policies on allowances, contained in the Public Service Coordinating Bargaining Council Resolution 3 of 1999, by March 2010.
Ensure coordinated collective bargaining in the Public Service Coordinating Bargaining Council and General Public Service Sectoral Bargaining Council, including collective agreements on all matters of mutual interest, such as the multi-year salary negotiations, by developing, implementing and maintaining policies and systems on labour relations for the public service by March 2012.
The department will have successfully implemented the policy on incapacity leave and ill-health retirement in all provincial and national departments between April 2006 and March 2009. The policy will be decentralised from April 2009.
The project on the development and implementation of the human resources module of the integrated financial management system is slightly delayed due to unforeseen challenges in negotiating the contract and service level agreement with the selected service provider.
In 2007/08, the Department of Public Service and Administration assisted departments to develop occupation specific dispensations. The intention of the dispensations is to provide dual career paths in terms of which professionals and specialists can progress to levels where they earn salaries equal to or higher than managers' salaries without moving into management posts. The occupation specific dispensations for nurses, social workers, medical personnel other than nurses, and correctional services personnel have been developed. Inconsistent interpretation and implementation in some of the dispensations has created funding challenges, which is delaying the implementation of the other dispensations.
Following the public service strike action in 2007, the Department of Public Service and Administration has embarked on a series of surveys. The department developed a communication strategy to more effectively communicate and promote the salaries and benefits of the public services.
The draft Single Public Service Bill has been withdrawn for further consultation with stakeholders.
Management - 1.2 2.2 2.7 2.4 2.7 2.
Remuneration and Job Evaluation 21.0 81.7 3.5 6.9 6.4 7.2 7.
General Benefits 2.4 77.7 80.7 91.5 3.2 3.7 3.
Negotiations and Labour Relations 3.2 4.4 15.7 6.2 5.7 6.6 7.
Special Projects and Job Evaluation - 2.9 3.1 7.1 5.6 7.9 8.
Single Public Service - 0.3 11.3 28.7 27.8 33.2 35.
Total 26.6 168.1 116.5 143.1 51.2 61.3 65.
Change to 2008 Budget estimate (1.0) (8.9) (6.9) (6.
Current payments Compensation of employees Goods and services of which: Advertising Assets less than R5 000 Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Contractors Agency and support / outsourced services Inventory: Stationery and printing Lease payments Travel and subsistence Training and development Operating expenditure Venues and facilities 25.5 92.4 116.5 143.0 51.2 61.2 65.5 9.7 15.8 0.1 0.2 - 0.4 0.7 0.4 0.0 11.7 0.1 0.3 1.2 0.0 0.0 0.4 10.6 81.8 0.2 0.3 0.2 0.3 1.1 0.1 71.3 4.2 1.3 0.1 1.6 0.1 0.1 0.5 15.0 101.5 12.9 0.0 0.1 0.3 0.2 0.2 74.9 8.2 0.8 0.3 2.3 0.2 0.1 0.4 18.9 124.2 1.8 1.1 0.8 0.5 1.1 23.3 84.1 - 1.3 0.3 6.3 0.4 0.4 2.1 19.3 31.9 0.4 0.2 0.6 0.5 0.9 18.1 0.1 - 1.7 0.2 5.9 0.6 0.7 1.6 22.4 38.9 0.1 0.1 0.1 0.5 4.7 22.8 0.1 - 1.9 0.2 5.7 0.6 0.2 1.2 24.0 41.5 0.1 0.1 0.1 0.6 4.9 24.6 0.1 - 2.0 0.2 6.1 0.7 0.2 1.
Transfers and subsidies 0.0 75.
Payments for capital assets 1.0 0.7 0.0 0.1 0.1 0.1 0.
Current Government employees medical scheme - 75.
Expenditure increased from R26.6 million in 2005/06 to R143.
75.3 per cent. The increase is due to allocations for the government employee medical scheme and the policy on incapacity leave and ill-health retirement.
Expenditure in the Negotiations and Labour Relations subprogramme increased from R4.4 million in 2006/07 to R15.7 million in 2007/08 for unforeseeable and unavoidable expenditure related to the 2007 public service strike action. Additional funding of R2.9 million was received for the licence fees for the equate job evaluation system for 2010/11 and 2011/12. Additional allocations for the single public service project contributed to the sharp increase in 2008/09, as reflected in the Single Public Service subprogramme. The additional allocations will mainly be used for infrastructure and the geographical information system. The policy on incapacity leave and ill-health retirement will be decentralised to departments and provinces from April 2009, resulting in an average annual decrease in this programme of 22.9 per cent between 2008/09 and 2011/12.
E-Government provides support and leadership to national and provincial departments and the State Information Technology Agency to develop a government wide architecture and system integration plan.
Information and Communication Technology Governance develops policies, strategies and regulations on ICT across the public service, oversees the State Information Technology Agency, provides secretarial services to the Government Information Technology Officers' Council, and oversees all ICT initiatives in the public service.
Information and Communication Technology Infrastructure supports all national and provincial departments on significant transversal projects and e-government projects.
Community Development and Access facilitates community development through access to ICT services. Funding for all subprogrammes is mainly used for salaries and other personnel related costs.
Contribute to good public administration and continual improvement in the cost, quality, access, responsiveness and speed of service delivery by developing a master plan for ICT in government.
Improve productivity and security and reduce costs of ICT by optimising IT infrastructure and related services to support government's ICT requirements.
Develop a bandwidth strategy that supports the connectivity of all government institutions and improve access to services by remote and rural communities by connecting 91 Thusong centres by June 2009.
Enhance the internal transparency and accountability of IT services by initiating a performance review of the State Information Technology Agency by September 2009.
Implement next generation e-government by developing a catalytic prototype that will e-enable 6 pro-poor services, using a platform for testing these services which should be functional by October 2009.
The Department of Public Service and Administration is conducting a survey in over 80 departments and other key government institutions to inform the development of a comprehensive geographical information system to guide decision making on improving critical service delivery. The department is establishing the first centre to offer the services of different government departments. The centre will be in a shopping mall. The department is also making steady progress in implementing ICT connectivity in all Thusong service centres.
Interventions will shortly begin to strengthen the State Information Technology Agency's capability to deliver a shared function, including a performance review of the agency and an ICT expenditure review.
Progress with CabEnet is not satisfactory. The department is currently considering other service delivery alternatives in an attempt to revitalise the project. Specifically, the department is considering appointing a private company for the project, and not the State Information Technology Agency.
To pilot the e-government project as planned, a uniform platform needs to be established with other departments. This requires further investigation.
Management 2.3 2.0 1.4 3.0 2.5 2.8 3.
E-Government - 1.8 1.6 2.3 3.0 3.5 3.
Information and Communication Technology Governance - 4.9 6.2 4.6 5.5 6.9 7.
Information and Communication Technology Infrastructure 19.7 24.3 29.1 23.7 28.1 30.3 32.
Community Development and Access - - - 1.5 2.4 6.2 6.
Total 22.0 33.1 38.3 35.1 41.5 49.7 52.
Change to 2008 Budget estimate (3.7) (0.0) 1.1 1.
Current payments Compensation of employees Goods and services of which: Advertising Computer services Consultants and professional services: Business and advisory services Agency and support / outsourced services Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities 21.3 32.4 37.8 35.0 41.5 49.6 52.8 5.4 15.9 1.2 3.5 - 8.6 1.0 0.3 0.2 0.3 - 8.1 24.3 0.1 9.2 0.0 12.8 0.6 0.3 0.1 0.2 0.0 8.7 29.1 - 25.7 0.4 - 1.3 0.2 0.1 0.2 - 10.9 24.1 - 19.6 0.5 - 1.1 0.6 0.4 1.1 - 13.4 28.1 - 23.4 0.6 - 1.1 0.4 0.5 1.1 - 15.6 34.0 - 25.0 4.1 - 1.3 0.4 0.5 1.4 - 16.8 36.1 - 26.5 4.3 - 1.4 0.4 0.6 1.
Transfers and subsidies 0.0 0.5 0.4 0.
Public corporations and private enterprises - - 0.
Foreign governments and international organisations - - - 0.
Households - 0.
Payments for capital assets 0.6 0.2 - 0.1 0.1 0.1 0.
Machinery and equipment 0.6 0.2 - 0.1 0.1 0.1 0.
Current Nelson Borman & Partners - - 0.
Expenditure between 2005/06 and 2008/09 increased at an average annual rate of 16.9 per cent, from R22 million to R35.1 million, as a result of additional allocations for the CabEnet project. Spending will further increase between 2009/10 and 2011/12 to provide for the free and open source software project in the Egovernment subprogramme. A new subprogramme, Community Development Access, will be established from April 2009 to facilitate access to ICT services in response to community development. This subprogramme's baseline is expected to grow from R1.5 million in 2009/10 to R6.6 million in 2011/12 at an average annual rate of 66 per cent.
Batho Pele promotes culture change in the public service and coordinates the dissemination of lessons in order to improve service delivery.
Service Delivery Improvement Mechanisms engages in supportive interventions and partnerships which improve efficiency and effectiveness.
Service Delivery Facilitation coordinates and facilitates short term service delivery improvement initiatives.
Community Development Workers ensures the smooth coordination and implementation of the community development workers project in the public service and local governments. Funding for all subprogrammes is mainly used for salaries and other personnel related costs.
Improve the mainstreaming and institutionalisation of Batho Pele across the 3 spheres of government through a minimum of 50 train-the-trainers programmes, 7 learning platforms, 3 service delivery review publications and a service delivery portal each year.
Improve service delivery by facilitating and coordinating the annual deployment of all senior management service staff to service delivery sites.
Improve service delivery by all national and provincial departments by providing technical assistance on developing service delivery improvement and implementation plans before May of each financial year.
Improve access to government services by publishing and disseminating a minimum of 200 000 Know Your Service Rights booklets to the general public, especially to the previously disadvantaged (through imbizos, public participation events, schools, community development workers and websites), each year.
Promote the government wide monitoring and evaluation framework by monitoring and evaluating the implementation of the community development workers programme by March 2013.
The Department of Public Service and Administration has continued to support the implementation of Batho Pele through change management engagement workshops, learning platforms and service delivery improvement plans.
In 2008, the Batho Pele change management engagement programme was rolled out to 55 municipalities in Limpopo and Free State to change the behaviour of public servants at local government level to focus on citizen centric service delivery. Best practices from four municipalities (Ugu, Tzaneen, Khara-Hais and George) have been captured on a DVD and in a booklet, which are being disseminated to all other municipalities. A Batho Pele learning network in November 2008 was attended by more than 700 delegates. The learning network aims to share best practices and offer opportunities for structured networking.
Two impact studies are in progress. The first is evaluating the impact of the Batho Pele change management engagement programme, rolled out over the last 4 years to all 3 spheres of government. The second is assessing the impact of the Khaedu (Challenge) programme on service delivery improvement. This programme aims to equip managers with the skills and competencies to add value to their deployment to service delivery sites and to identify and solve service delivery blockages in their own environments. A new strategy to align the Khaedu programme with Project Consolidate will improve sustainable municipal service delivery. The coordination of the training was handed over to the Public Administration Leadership and Management Academy, but the department will continue to coordinate the deployment of senior managers to service delivery sites.
A guide was approved, and there is a proposal to access service delivery improvement and implementation plans in the justice cluster. Continuous support is provided to departments on their plans. Although only 30 per cent of national and provincial departments submitted their plans, a directive and a guide are available for 2009/10. There is a revitalisation plan for submitting plans from 2009/10.
In 2008/09, as part of the Know Your Service Rights campaign, 60 000 booklets on the social cluster were translated into all the official languages and disseminated. A 10-episode drama series was aired on community radio stations. The booklet was also translated into all 11 official languages. There is a draft booklet on the justice cluster.
A master plan on the roles of community development workers was launched at the community development indaba in February 2008. Provincial workshops to ensure compliance took place in 2008. 3 055 community development workers were trained by September 2008, and a further 600 are enrolled in the learnership programme. They are expected to complete the training by January 2010.
Management 2.5 2.3 2.6 3.1 2.6 2.9 3.
Batho Pele 14.0 28.3 17.2 14.1 13.2 14.5 15.
Service Delivery Improvement Mechanisms 6.0 17.6 9.5 8.5 8.6 9.6 10.
Service Delivery Facilitation 0.7 2.0 1.1 1.5 1.9 2.1 2.
Community Development Workers - 1.2 8.3 4.2 6.5 7.5 8.
Total 23.2 51.5 38.7 31.3 32.7 36.7 39.
Change to 2008 Budget estimate (7.9) 0.1 1.2 1.
Current payments 22.2 51.1 38.7 30.6 32.7 36.7 39.
Compensation of employees 10.8 15.0 17.4 11.7 13.6 15.7 16.
Goods and services 11.4 36.1 21.2 18.9 19.1 21.0 22.
Advertising - 0.4 2.4 0.7 1.2 1.2 1.
Audit costs: External - 0.2 0.3 0.4 0.5 0.5 0.
Communication 0.3 3.0 0.5 0.6 0.4 0.5 0.
Computer services 0.6 12.5 0.
Consultants and professional services: Business and advisory 0.1 0.4 0.0 2.7 5.3 5.0 7.
Contractors 0.5 0.1 0.0 3.6 2.0 2.2 2.
Agency and support / outsourced services 2.8 6.9 3.
Entertainment 0.7 0.2 0.1 0.3 0.1 0.1 0.
Inventory: Stationery and printing 2.3 2.3 2.7 5.1 6.1 7.5 5.
Travel and subsistence 1.8 6.8 7.2 2.4 1.9 2.1 2.
Training and development 0.3 0.4 0.5 0.4 0.4 0.4 0.
Operating expenditure 0.0 0.1 0.6 0.1 0.0 0.0 0.
Venues and facilities 1.6 1.7 2.6 2.2 0.7 1.0 1.
Financial transactions in assets and liabilities - - 0.
Transfers and subsidies 0.1 0.0 0.0 0.
Public corporations and private enterprises 0.
Foreign governments and international organisations 0.0 - - 0.
Households 0.0 0.0 0.0 0.
Payments for capital assets 0.9 0.4 0.0 0.
Machinery and equipment 0.9 0.4 0.0 0.
Expenditure increased from R23.2 million in 2005/06 to R51.5 million in 2006/07, mainly due to additional funding for technical assistance to provinces and post-conflict support to the Democratic Republic of the Congo. Expenditure in the Community Development Worker subprogramme increased considerably, from R1.2 million in 2006/07 to R8.3 million in 2007/08, due to the hosting of the community development indaba in March 2008. Growth in the programme stabilise at an average annual rate of 7.7 per cent over the MTEF period.
Public Sector Anti-Corruption establishes and implements strategies to fight corruption and improve ethical conduct in the public service.
International and African Affairs establishes and maintains bilateral and multilateral relations on governance and public administration by implementing global and continental programmes and projects for improving governance and public administration.
Monitoring and Evaluation manages a system for planning, monitoring and evaluating the programmes that enable the transformation of the public sector.
African Peer Review Mechanism ensures the adoption of policies, standards and practices that lead to political stability, high economic growth, sustainable development and accelerated sub-regional and continental economic integration through sharing experiences and reinforcing successful and best practice, including identifying deficiencies and assessing capacity building needs.
Research facilitates and coordinates research within the department. This is a new subprogramme. Funding for all subprogrammes is mainly used for salaries and other personnel related expenditure.
Improve integrity in the public service by developing and implementing anti-corruption policies and capacity building programmes, designed to enhance the fight against corruption and improve ethical conduct, by April 2012.
Develop an efficient anti-corruption monitoring and evaluation system and promote national anti-corruption values and interests at regional and international levels through participation and influence in regional, continental and international structures throughout the MTEF period.
Ensure South Africa's ongoing influence in governance and public administration by mainstreaming the Batho Pele principles in regional, continental and international public administration transformation programmes.
Establish and maintain ongoing bilateral and multilateral relations on governance and public administration by mobilising resources for the implementation of critical public administration initiatives and partnerships.
Implement the department's monitoring and evaluation frameworks to improve policy implementation by developing monitoring plans and implementing capacity development plans and public participation best practice models by March 2010.
Assess performance through the public management watch system by providing ongoing analytical and evaluation reports on the impact of the Department of Public Service and Administration's policies.
Identify the deficiencies and assess the capacity needs of the African Union (AU) by developing a systematic process for generating and compiling monitoring and evaluation reports on the implementation of the African peer review mechanism's programme of action by June 2009.
Increase awareness of the African peer review mechanism by convening provincial workshops to launch the African peer review mechanism report by December 2009.
Facilitate debates and dialogue on public administration and governance by creating new knowledge and facilitating evidence based research on an ongoing basis.
In 2007/08, the Department of Public Service and Administration continued to support the Democratic Republic of the Congo's census project. The census was completed in 2 provinces.
The second draft of the public sector anti-corruption norms and standards implementation guidelines are currently under review by National Treasury's technical assistance unit. The consolidated framework for managing conflicts of interest in the public sector needs to be finalised and approved. The anti-corruption capacity requirements incorporated into the public service regulations have been amended and will be issued following legal input.
A draft report was adopted by the African peer review mechanism's National Governing Council in December 2007 to formulate partnerships between government and civil society to implement the programme of action. A popular version of the South African review of the African peer review mechanism has been drafted.
The African Association for Public Administration and Management South Africa was launched in August 2008. The Director-General of the Department of Public Service and Administration was elected chair.
The department participated in a meeting with the New Partnership for Africa's Development, the Institute for Security Studies and Burundi in August 2008 in Burundi as part of the department's contribution to postconflict reconstruction and development.
The sixth Pan African conference of African ministers of public service was hosted in October 2008 and Kenya was elected as the new chair. Among the achievements of this conference are the ministers' programme and the African Public Service Charter. The charter is being ratified by the AU.
Current payments Compensation of employees Goods and services of which: Advertising Assets less than R5 000 Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Contractors Agency and support / outsourced services Inventory: Stationery and printing Lease payments Travel and subsistence Venues and facilities Transfers and subsidies Provinces and municipalities Foreign governments and international organisations Households Payments for capital assets Machinery and equipment 18.9 65.9 30.9 43.4 40.6 44.8 48.2 4.2 14.8 2.0 0.8 - 0.2 0.2 1.2 0.0 1.4 1.3 0.2 4.3 2.9 6.6 59.3 2.4 0.2 0.5 1.2 0.7 0.1 0.5 16.7 3.0 0.3 17.0 15.6 8.0 23.0 6.2 0.0 0.1 0.4 0.2 0.1 0.1 7.2 1.0 0.5 4.6 1.8 14.3 29.2 0.4 0.1 0.2 2.1 0.2 6.8 0.1 - 3.0 0.1 8.3 7.3 19.0 21.5 1.3 0.3 0.4 4.3 0.4 5.1 0.1 - 1.7 0.2 6.0 0.8 21.8 23.1 1.3 0.2 0.5 4.7 0.5 5.5 0.1 -1.8 0.2 6.4 0.9 23.7 24.4 1.3 0.2 0.5 5.1 0.5 5.7 0.1 - 1.9 0.2 6.8 1.0 0.1 0.4 0.2 0.6 0.4 0.4 0.4 0.0 0.1 - 0.0 0.4 0.0 - 0.2 - - 0.6 - - 0.4 - - 0.4 - - 0.
Total 20.1 66.6 31.2 44.1 41.0 45.3 48.
Expenditure grew at an average annual rate of 29.9 per cent between 2005/06 and 2008/09. The increase in expenditure in 2006/07 in the Public Service Anti-Corruption and African Peer Review subprogrammes is due to the once-off hosting of the Global Forum V on fighting corruption and safeguarding integrity and the additional allocations for concluding the African peer review mechanism country assessment report. Spending over the medium term in the African Peer Review Mechanism subprogramme is projected to grow at an average annual rate of 40.4 per cent due to preparations for a new review.
Growth over the MTEF period decreases at an average annual rate of 3.4 per cent.
Research and Development researches and develops sustainable models for innovative service delivery.
Solution Support and Incubation investigates, demonstrates, pilots and mainstreams innovative solutions, IT and non-IT, in the public sector.
Enabling Environment entrenches the innovation culture and ensures it is cascaded through the public sector. Funding for all subprogrammes is mainly used for salaries and other personnel related costs.
Develop sustainable models and solutions for innovative service delivery through at least 2 research and development projects per year.
Maximise the impact of the national system of innovation on the public sector by participating on the National Advisory Council on Innovation's board and in its programme.
the annual public sector innovation conference public sector innovation awards updating the United Nations Public Administration Network portal.
Create, adapt, pilot and mainstream innovative solutions in the public sector through establishing a functioning multimedia innovation centre in the first 3 months of 2009/10.
The Centre for Public Service Innovation's annual awards pay tribute to public servants, or people working closely with government, who have made a significant contribution to improving service delivery through innovative approaches, methodologies and tools. They also provide opportunities for information sharing and learning. These awards were given in October 2007 and November 2008.
The inaugural public sector innovation conference was held in 2007, and the second in November 2008. This conference creates a platform for public sector officials to share knowledge, ideas and experiences on innovation. A pocket guide on innovation management was distributed.
In 2008/09, the Centre for Public Service Innovation produced various publications to mainstream innovative, successful and appropriate solutions to service delivery challenges, for example innovation insights, the future watch series and case studies of successes in addressing innovation challenges. The Centre for Public Service Innovation is the regional partner of the UN Public Administration Network, a global online network on public administration and finance hosted by the UN. The Centre for Public Service Innovation is responsible for uploading content on the portal on behalf of the Southern Africa Development Community.
Management 4.7 6.6 11.0 18.8 3.7 4.1 4.
Total 4.7 6.6 11.0 18.8 11.8 13.0 14.
Current payments 4.5 6.2 11.0 18.8 11.8 13.0 14.
Compensation of employees 1.8 2.1 2.7 6.7 6.5 7.4 8.
Goods and services 2.7 4.1 8.2 12.1 5.3 5.6 5.
Advertising 0.0 1.4 1.2 2.0 0.9 0.9 0.
Computer services - 0.2 2.9 0.7 0.7 0.7 0.
Consultants and professional services: Business and advisory - 0.0 - 0.5 1.5 1.6 1.
Agency and support / outsourced services 0.7 1.3 0.
Inventory: Stationery and printing 0.6 0.4 0.9 0.2 0.3 0.3 0.
Lease payments 0.0 0.0 0.8 7.5 0.8 0.8 0.
Travel and subsistence 0.3 0.4 1.0 0.5 0.5 0.6 0.
Venues and facilities 0.6 0.2 0.6 0.2 0.3 0.3 0.
Public corporations and private enterprises - 0.
Foreign governments and international organisations 0.
Payments for capital assets 0.2 0.4 0.
Machinery and equipment 0.2 0.4 0.
The Centre for Public Service Innovation will be a separate programme from April 2009. The centre is the first government component to be established in terms of the Public Service Act (1994), as amended. History information was adjusted from the former Service Delivery Improvement programme where it was previously a subprogramme.
58.6 per cent due to a once-off additional virement to the programme in 2008/09 for securing alternative accommodation and establishing the centre. Spending over the medium term is projected to decrease at an average annual rate of 9.3 per cent.
The State Information Technology Agency was established in 1999 in terms of the State Information and Technology Agency Act (1998) as amended. It is funded through providing a broad spectrum of IT related services as stipulated in service level agreements referred to in the legislation. Furthermore, the act separates the agency's services into mandatory services and non-mandatory. The State Information Technology Agency is committed to government's IT strategy, which seeks to leverage economies of scale, enhance the interoperability of government systems, ensure system security, eliminate duplication, and advance black economic empowerment (BEE).
The strategic priorities for 2009 to 20102 are: improving financial sustainability, optimising infrastructure, extending the service footprint, modernising public service operations, reducing operational costs, achieving operational excellence, and developing and retaining personnel.
Key policy developments that impact departmental spending plans are: providing ICT connectivity and remote support to Dinaledi schools, community libraries and Thusong service centres; creating an ICT blueprint that governs the deployment of ICTs to Thusong centres and can be used as a rollout model and deploying a shared services platform to support ICTs deployed in communities; establishing an open source programme office; contributing to the development of a catalytic next generation e-government prototype; developing the framework for a new enterprise resource planning system in government (integrated financial management system); developing a government wide enterprise architecture framework; and developing a framework for adopting a service orientated architecture in government.
Value of debtors balances each year R556.3m R665m R618.2m R692.4m R775.5m R868.
Average employee satisfaction according to satisfaction index (1 to 5, with 1 as poor and 5 as excellent) 2.4 2.6 2.5 2.8 3 3.
In response to improving the efficiency and effectiveness of the agency's infrastructure, processes were documented and associated costs established in 2007/08. In line with its telecommunications and convergence strategy, the agency and its partners, Neotel and Business Connexion Group, successfully deployed a next generation network in 2003. In 2008/09, the agency piloted a performance management tool on its enterprise resource planning system and provided training.
A major challenge, shared by the public and private sectors, is the skills shortage in the ICT industry. In 2006/07, the very first GovTech conference, including a virtual ICT skills academy, was held to help with the critical skills needed. Thought leadership initiatives on ICT were also bolstered by GovTech. The State Information Technology Agency has invested substantially in training and developing its employees. In 2007/08, 2 077 employees attended various training initiatives linked to both staff and personal development plans and corporate interventions.
The State Information Technology Agency is estimated to influence approximately 30 per cent of ICT across the spheres of government. Research conducted by the agency has not established the baseline for government expenditure and the extent of the agency's involvement, which is necessary for mapping how the agency can move towards influencing 80 per cent of government's ICT expenditure.
In 2008/09, tender turnaround times were maintained at below 80 days on average. 60 per cent of goods and services valued at approximately R2 billion were bought from BEE vendors or vendors that have BEE credentials.
Integrated financial management services 1 079.3 1 189.1 1 240.9 1 315.3 1 394.3 1 477.9 1 566.
Supply chain management solution 1 643.0 1 931.5 1 932.4 2 426.9 2 617.2 2 978.8 3 264.
Business intelligence and technology architect 125.9 116.2 24.6 196.7 194.9 193.8 193.
Functional Architecture 12.4 24.6 47.8 30.0 53.7 56.9 60.
Change Management 33.4 60.6 228.6 73.3 81.3 95.4 132.
Total expense 2 894.0 3 321.9 3 474.3 4 042.2 4 341.3 4 802.8 5 217.
Non-tax revenue 2 975.4 3 465.4 3 773.5 4 248.0 4 566.8 5 023.5 5 525.
Sale of goods and services other than capital 2 903.7 3 356.6 3 607.6 4 040.5 4 365.2 4 801.7 5 281.
IT services 2 903.7 3 356.6 3 607.6 4 040.5 4 365.2 4 801.7 5 281.
Other non-tax revenue 71.7 108.8 165.9 207.5 201.6 221.8 243.
Total revenue 2 975.4 3 465.4 3 773.5 4 248.0 4 566.8 5 023.5 5 525.
Current expense 2 860.6 3 261.3 3 345.5 3 968.9 4 260.0 4 707.4 5 084.
Compensation of employees 1 079.3 1 189.1 1 240.9 1 315.3 1 394.3 1 477.9 1 566.
Goods and services 1 643.0 1 931.5 1 932.4 2 426.9 2 617.2 2 978.8 3 264.
Depreciation 125.9 116.2 124.4 196.7 194.9 193.8 193.
Interest, dividends and rent on land 12.4 24.6 47.8 30.0 53.7 56.9 60.
Total expenses 2 894.0 3 321.9 3 474.3 4 042.2 4 341.3 4 802.8 5 217.
Surplus / (Deficit) 81.3 143.5 299.2 205.8 225.5 220.7 308.
Carrying value of assets 446.4 474.6 594.1 542.4 599.3 610.5 621.7 of which: Acquisition of assets 81.7 149.5 261.8 145.0 200.0 205.0 205.
Inventory 58.3 52.6 15.9 60.0 70.0 80.0 80.
Receivables and prepayments 606.4 721.5 849.3 1 020.5 799.8 873.4 960.
Cash and cash equivalents 1 085.1 1 096.7 1 101.3 1 117.0 1 344.1 1 497.9 1 705.
Total assets 2 196.2 2 345.5 2 560.6 2 739.9 2 813.1 3 061.8 3 368.
Accumulated surplus/deficit 923.3 1 066.8 1 366.0 1 305.3 1 722.5 1 967.9 2 164.
Borrowings 31.2 26.0 20.8 15.6 10.4 5.
Post-retirement benefits 78.2 85.5 93.2 79.0 85.0 87.5 89.
Trade and other payables 1 109.5 1 107.2 1 007.1 1 250.0 953.5 955.7 1 064.
Provisions 54.0 60.0 73.5 90.0 41.7 45.5 50.
Total equity and liabilities 2 196.2 2 345.5 2 560.6 2 739.9 2 813.1 3 061.8 3 368.
Operating expenditure grew from R476 million in 2006/07 to R580 million in 2007/08, an increase of 22 per cent, and from R592 million in 2007/08 to R607 million in 2008/09, an increase of 3 per cent. The agency reflected strong growth in gross revenues for 2007/08, which increased by 9 per cent from 2006/07.
Previous cost containment initiatives are still in progress.
Surpluses grew at an average annual rate of 91.8 per cent from R81 million in 2005/06 to R299 million in 2007/08. Capital expenditure grew from R149.5 million in 2007/08 to R262 million in 2008/09, an increase of 75 per cent.
R million 2007/08 2007/08 2008/09 2008/09 1. Administration 79.3 92.6 89.3 96.4 (5.4) 91.0 91.0 2. Human Resource Management and 48.9 40.9 45.4 53.9 2.9 56.9 53.
Management of Compensation in 79.9 94.8 116.5 144.1 (1.0) 143.1 143.
Information and Technology Management 40.3 42.1 38.3 38.7 (3.7) 35.1 35.
Service Delivery Improvement throughout 66.9 65.2 38.7 39.2 (7.9) 31.3 31.
Governance for Public Service and 30.1 35.2 31.2 31.6 12.5 44.1 44.
Centre of Public Service Innovation 12.0 13.2 11.0 8.4 10.4 18.8 18.
Total 357.3 384.1 370.4 412.3 7.9 420.2 416.
Current payments Compensation of employees Goods and services Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Public corporations and private enterprises Foreign governments and international organisations Households Payments for capital assets Machinery and equipment Software and intangible assets 335.3 380.5 366.2 388.4 28.2 416.6 410.8 99.0 236.2 - 117.7 262.8 - 115.8 250.4 0.0 125.2 263.2 - 7.9 20.3 - 133.1 283.6 - 130.6 280.
Table 9.B Summary of personnel numbers and compensation of employees Table 9.
Compensation (R million) 71.6 91.6 115.0 131.9 136.7 158.3 170.
Unit cost (R million) 0.3 0.3 0.3 0.3 0.3 0.3 0.
Compensation of interns (R million) 0.5 0.9 0.9 1.2 1.2 1.2 1.
Compensation (R million) 72.1 92.5 115.8 133.1 137.9 159.5 171.
Payments for learnerships (R million) - - 0.2 0.2 0.3 0.3 0.
Compensation of employees (R million) 72.1 92.5 115.8 133.1 137.9 159.5 171.2 Training expenditure (R million) 1.6 2.2 2.8 2.7 2.8 2.9 3.1 Training as percentage of compensation 2.2% 2.4% 2.4% 2.
Table 9.D Summary of donor fundingTable 9.D Summary of donor funding (continued)Table 9.D Summary of donor funding (continued)Table 9.
United Kingdom Integrated provincialsupport programme II Service DeliveryImprovementthroughoutGovernment 9 036 Goods andservices Programme and project management. Improved transparency and accountability. Enhanced accessibility of basic services tothe poor.
Sweden Public support in theDemocratic Republic ofthe Congo Governance for PublicService andAdministration 18 3654 Goods andservices Regional support to Democratic Republicof the Congo. Stabilisation of the country. Building confidence in the state.
African RenaissanceFund Democratic Republic ofthe Congo censusproject Governance for PublicService andAdministration 40 000 Goods andservices Regional support to Democratic Republicof the Congo. Stabilisation of the country. Building confidence in the state.
Canadian InternationalDevelopment Agency Anti-corruption capacitybuilding programme Governance for PublicService andAdministration 24 320 Goods andservices Strengthening law enforcement officials'competencies to prevent, detect, investigate, prosecute and monitorcorruption.
Deutsche Gesellschaft fürTechnischeZusammenarbeit (GTZ)Japanese InternationalCooperation Agency Human resourceplanning unit standardMonitoring andevaluation of HIV andAIDS Human resourceManagement andDevelopment inGovernmentHuman ResourceManagement andDevelopment inGovernment 200100 Goods andservicesGoods andservices Engineering public service policiesDeployment of a monitoring andevaluation expert to offer technicalassistance on monitoring and evaluation ofHIV and AIDS. Technical support andregular learning networks in South Africaand SADC countries.
Deutsche Gesellschaft fürTechnischeZusammenarbeit (GTZ) Innovation awards andBurundi post-conflictworkshop Governance for PublicService andAdministration 2 000 Goods andservices Concluded adjudication process. Convened post-conflict reconstruction anddevelopment workshop. Held All Africapublic sector innovation awards.
<fn>GOV-ZA.4278011statsEn.2012-02-10.en.txt</fn>
Administration 414.2 405.9 - 8.3 424.1 519.
Economic Statistics 156.6 156.5 0.0 0.1 174.2 180.
Population and Social Statistics 620.9 597.4 - 23.6 965.8 1 622.
Methodology and Standards 57.4 57.4 - - 60.3 64.
Statistical Support and Informatics 197.2 174.3 - 22.9 220.0 199.
Corporate Relations 162.4 162.1 0.0 0.2 161.6 170.
Total expenditure estimates 1 608.6 1 553.6 0.1 55.0 2 006.0 2 757.
Website address www.statssa.gov.
The aim of Statistics South Africa is to provide relevant and accurate statistics to inform users on the dynamics in the economy and society by applying internationally acclaimed practices.
Purpose: Manage the department and provide centralised support services.
Purpose: Produce economic statistics to meet user requirements.
Purpose: Produce population, demographic, labour market and social statistics to meet user requirements in line with internationally recognised practices.
Purpose: Provide expertise on quality and methodology for official statistics, standards for conducting surveys and a business sampling frame.
Purpose: Optimise the use of technology in the production and use of official statistics. Promote and provide better access to official statistics.
Purpose: Provide statistical information to support policy makers. Manage stakeholders and interact with international statistical agencies. Provide effective communication activities.
Statistics South Africa aims to contribute to South Africa's development goals by producing accurate and quality statistical information on economic, demographic, social and environmental developments in South Africa, applying internationally acclaimed practices. The information is used to inform public policy, as well as for monitoring and evaluating programmes.
Statistics South Africa's core deliverable is relevant, reliable and quality statistical information on the economy and society to enable informed planning and decision making. Statistics South Africa is committed to improving measurements in the areas of economic growth, price stability, employment and job creation, life circumstances, service delivery and poverty, demographic profiles and population dynamics.
Responding appropriately to user needs involves developing comprehensive sampling frames, applying sound methodological practices and using quality administrative data. To improve the quality of its statistics and mitigate the strategic risks that undermine its ability to provide relevant and up-to-date statistical information, Statistics South Africa will focus on managing stakeholder relations, improving the business register, maintaining and updating the household sampling frame, and providing methodological support.
In collaboration with the Presidency's policy coordination and advisory services, Statistics South Africa compiled a compendium of indicators for the government wide monitoring and evaluation framework in 2006/07. This has increased the demand for quality statistical and evidence based information and has resulted in a need for statistical data that allows for disaggregated thematic and geographical analysis. To meet national and international needs for this kind of statistical information, a new approach to statistics is required, including providing better tools for understanding, measuring and monitoring the increasingly complex and fast changing environment.
In line with its mandate, Statistics South Africa will lead South Africa's statistical system by collaborating with stakeholders and providing official statistics. This will involve working in partnership with other organisations to expand and improve the quality and awareness of statistical information available. Statistics South Africa is also responsible for declaring statistical information official, according to set quality criteria.
Over the next three years, Statistics South Africa will be focusing on implementing common standards, definitions and classifications to promote statistical coordination through a national statistics system. Statistics South Africa will continue to improve the accessibility of statistical information and increase its use.
Statistics South Africa will lead the development of the national strategy for the development of statistics by identifying statistical units, implementing common standards, definitions and classifications, and promoting and participating in statistical development in the Southern African Development Community (SADC) countries, the rest of Africa and abroad.
Building human capacity through a sustainable skills development strategy will address the lack of human resources to produce, disseminate and make use of official statistical information, within and outside Statistics South Africa. Statistics South Africa has compiled a comprehensive statistical skills development framework to improve statistical literacy and engender an enthusiasm for numbers. Over the medium term, Statistics South Africa will focus on: improving the foundation of statistical literacy at the schools level; establishing partnerships with tertiary institutions; building capacity within Statistics South Africa and the national statistics system; and participating in statistical development initiatives in SADC.
Fragmented fieldwork operations have resulted in the inefficient use of resources in provinces, and Statistics South Africa has identified the need to integrate and coordinate fieldwork operations across surveys. Permanent fieldworkers were recently appointed for the consumer price index and quarterly labour force surveys, as part of Statistic South Africa's objective to build and retain skills. This intervention will have a positive impact on the quality of data collection for all household surveys, and on developing skills in preparation for Census 2011. The integrated fieldwork strategy will be rolled out over the next three years.
Fragmented data processing operations have resulted in the inefficient use of resources across surveys, and Statistics South Africa is establishing a corporate data processing centre to streamline data processing. Key processes and technology will be standardised and projects and surveys scheduled to ensure the best use of resources. Permanent staff will be recruited and trained.
In line with international best practice, the use of an official poverty line has been proposed for South Africa to measure the extent of household poverty and monitor progress in poverty reduction. Statistics South Africa is currently conducting a living conditions survey designed to measure poverty, using a multidimensional approach, and statistical information on South Africa's poverty profile will be released in 2010.
The next population census is planned for October 2011. This census is the most extensive statistical collection that Statistics South Africa undertakes, and any gap in the planning can lead to costly inefficiencies in operations and compromise the validity of the results. A mini test is currently being conducted to test listing, publicity and collection methodologies. The pilot census is planned for October 2009.
Table 11.
R million 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 1. Administration 180.6 274.9 319.6 367.5 367.5 414.2 424.1 519.7 2. Economic Statistics 80.6 99.8 125.6 143.1 143.1 156.6 174.2 180.8 3. Population and Social Statistics 179.7 478.3 282.4 393.0 393.0 620.9 965.8 1 622.8 4. Methodology and Standards 23.7 28.2 32.2 48.4 48.4 57.4 60.3 64.4 5. Statistical Support and Informatics 106.0 141.3 201.0 239.1 239.1 197.2 220.0 199.7 6. Corporate Relations 73.3 74.1 96.2 132.4 132.4 162.4 161.6 170.
Total 643.9 1 096.6 1 057.0 1 323.4 1 323.4 1 608.6 2 006.0 2 757.
Change to 2008 Budget estimate 51.2 51.2 (10.8) 13.7 108.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Audit costs: External Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Infrastructure and planning Consultants and professional services: Legal costs Contractors Agency and support / outsourced services Entertainment Inventory: Food and food supplies Inventory: Fuel, oil and gas Inventory: Other consumables Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Households Payments for capital assets Machinery and equipment Software and other intangible assets Total 598.3 302.1 295.6 2.7 5.0 12.0 3.7 2.4 0.1 19.7 22.7 35.6 8.8 0.7 3.9 22.7 0.1 0.8 2.1 1.9 14.6 29.7 8.3 82.6 2.0 6.3 6.8 0.7 1.6 1.0 0.5 44.0 38.6 5.5 643.9 1 057.6 414.9 641.5 1.2 12.3 8.4 4.5 3.1 0.2 28.3 35.8 32.2 17.6 0.6 49.6 111.8 0.1 0.3 8.9 2.6 24.4 32.0 9.9 210.6 4.5 4.4 37.6 1.2 0.8 0.3 0.5 38.2 37.9 0.4 1 096.6 1 003.7 472.0 509.3 2.6 13.6 13.7 3.8 4.5 3.3 29.3 59.6 37.8 15.3 0.2 30.5 20.3 0.1 0.1 7.9 1.3 18.3 34.3 13.3 171.1 6.8 5.8 15.6 22.4 1.5 - 1.4 51.8 47.2 4.6 1 057.0 1 276.1 702.1 574.0 163.3 6.2 22.1 3.4 6.2 1.3 24.0 30.7 47.6 0.2 2.8 11.6 14.7 0.4 - 0.0 1.0 18.7 72.4 2.1 121.9 4.6 3.2 15.4 - 2.0 - 1.8 45.3 44.3 0.9 1 323.4 1 276.1 702.1 574.0 163.3 6.2 22.1 3.4 6.2 1.3 24.0 30.7 47.6 0.2 2.8 11.6 14.7 0.4 - 0.0 1.0 18.7 72.4 2.1 121.9 4.6 3.2 15.4 - 2.0 - 1.8 45.3 44.3 0.9 1 323.4 1 553.6 928.9 624.7 4.3 17.7 6.3 4.7 8.5 5.2 26.2 63.8 19.6 1.6 0.8 106.2 23.0 0.4 - - 19.4 24.4 60.6 4.2 184.7 13.7 10.4 18.5 - 0.1 - 0.1 55.0 54.6 0.4 1 608.6 1 960.8 1 198.2 762.6 5.1 20.0 16.3 3.9 10.8 5.4 31.3 43.9 19.7 3.6 1.9 45.6 19.1 0.5 - - 2.1 177.1 66.0 5.4 220.1 18.2 7.7 38.5 - 0.1 - 0.1 45.1 44.4 0.7 2 006.0 2 708.0 1 061.9 1 646.1 5.5 27.1 4.7 4.5 10.1 2.3 38.8 58.4 25.3 2.0 2.0 56.3 888.6 0.5 - - 11.9 45.2 143.7 4.5 196.3 61.7 8.7 47.7 - 0.0 - 0.0 49.8 49.7 0.1 2 757.
The community, population, labour force, general household, and income and expenditure surveys are Statistics South Africa's key outputs and account for most of its expenditure.
70.3 per cent in 2006/07, primarily to provide for the full rollout of the main community survey in February 2007. Expenditure decreased by 3.6 per cent in 2007/08 as the community survey was finalised, evident in the 41 per cent decrease in the Population and Social Statistics programme's spending in 2007/08, from R478.3 million to R282.4 million. Funds were provided for the analysis and dissemination of survey results in 2007/08.
The department's budget grows at an average annual rate of 27.7 per cent over the MTEF period, mainly to fund Census 2011 and to appoint additional personnel in support services.
Additional allocations of R32.5 million and R52.6 million have been provided in 2010/11 and 2011/12 for a corporate data processing centre. A further R116 million has been allocated in 2011/12 for new office accommodation. Other allocations over the MTEF period include R20.7 million, R16.5 million and R19 million for salary increases, and inflation related adjustments of R1.4 million, R4.8 million and R7.9 million.
Cost containment measures over the medium term have been identified in compensation of employees and goods and services (R32.9 million, R40.1 million and R86.6 million).
In 2005/06, 9 per cent of departmental receipts were generated from the sale of statistical products like maps and publications. Revenue from these sales decreased in 2006/07 and 2007/08, because the department increased its provision of free statistical data and publications over the internet.
Revenue in 2005/06 also included once-off transactions relating to recovered debts and a refund of R3.1 million from the South African Revenue Service for overestimated tax deducted from payments to fieldworkers on the 2001 census.
Departmental receipts for 2007/08 amounted to R17.7 million, with 5.6 per cent generated from the sale of statistical products and less than 1 per cent from interest. R16.5 million relates to irregular expenditure written off in previous financial years.
Revenue is expected to stabilise at an average annual amount of R2.3 million over the MTEF period.
Management 20.8 25.9 28.7 23.8 25.8 27.9 29.
Corporate Services 130.5 216.1 254.1 275.7 319.2 322.4 339.
National Statistics System 5.2 5.7 6.6 10.2 13.2 14.4 15.
Office Accommodation 24.1 27.1 30.2 57.8 56.0 59.4 134.
Total 180.6 274.9 319.6 367.5 414.2 424.1 519.
Change to 2008 Budget estimate (23.3) 3.7 (82.1) (45.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Audit costs: External Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Legal costs Contractors Agency and support / outsourced services Inventory: Other consumables Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Non-profit institutions Households Payments for capital assets Machinery and equipment Total 177.0 66.5 110.3 1.0 4.6 9.2 3.7 2.4 0.0 4.7 0.0 3.6 0.7 1.7 1.3 0.4 2.1 25.0 7.0 35.1 2.0 4.5 1.1 0.1 0.2 0.2 0.0 - 3.4 3.4 180.6 268.5 74.5 192.8 0.6 6.6 6.4 4.4 3.1 0.0 4.7 0.3 5.8 0.6 4.4 4.1 0.2 1.9 27.0 7.3 109.3 4.5 0.4 0.7 1.2 0.1 0.1 0.0 0.0 6.3 6.3 274.9 313.1 90.4 222.4 1.3 11.9 7.4 3.7 4.5 1.1 6.5 0.2 9.5 0.2 9.9 1.3 0.2 1.9 29.0 8.9 115.4 6.8 0.4 1.7 0.3 0.5 - - 0.5 6.1 6.1 319.6 359.0 118.9 240.1 1.3 5.5 9.2 3.3 6.2 0.8 4.2 2.7 8.3 2.8 7.9 12.7 0.4 2.9 59.2 1.0 104.8 4.2 0.6 1.9 - 1.8 - 0.2 1.6 6.7 6.7 367.5 405.9 160.0 245.9 2.2 12.9 2.4 3.4 8.0 1.3 4.1 2.4 9.8 0.8 7.4 5.3 0.4 3.0 57.0 1.1 107.1 12.9 3.0 1.5 - - - - - 8.3 8.3 414.2 410.1 171.9 238.2 3.2 13.1 1.8 3.6 7.6 0.9 5.5 3.9 8.5 1.8 7.7 5.1 0.4 3.7 60.6 2.6 86.0 17.1 3.4 1.7 - - - - - 14.0 14.0 424.1 504.5 182.9 321.6 4.0 14.0 2.0 4.2 8.8 0.8 5.8 3.5 7.8 1.9 8.3 6.1 0.5 3.6 136.1 2.4 87.6 20.8 1.7 1.8 - - - - - 15.2 15.2 519.
Spending grew from R180.6 million to R367.5 million between 2005/06 and 2008/09, at an average annual rate of 26.7 per cent, due to increased personnel in support services.
The programme's budget grows at an average annual rate of 12.2 per cent over the MTEF period, because costs for transport, maintenance and purchasing assets have been centralised in the Corporate Services subprogramme. Allocations to the Corporate Services subprogramme have also increased to provide for increased personnel in support services.
Spending in the National Statistical System subprogramme grew at an average annual rate of 25.2 per cent between 2005/06 and 2008/09 to cater for the intensified role of statistics advocacy, and building and strengthening partnerships in the national statistics system. The budget then increases at a lower average annual rate of 15 per cent over the MTEF period to further increase capacity.
Over the medium term, the Office Accommodation subprogramme receives additional allocations of R33.1 million, R36.4 million and R38.7 million for renting permanent and temporary regional office accommodation to prepare for Census 2011. R116 million is allocated in 2011/12 for new office accommodation for the department.
Short Term Indicators provides information on turnover and volumes in various economic sectors on a monthly and quarterly basis.
Large Sample Surveys provides information on turnover and volumes in various economic sectors periodically.
Producer Price Index and Labour Statistics provides information on the producer price index and on employment levels in the formal non-agricultural sector.
Consumer Price Index provides information on the level of inflation by producing various consumer price indices.
Government Accounts and Financial Statistics tracks public sector spending and the financial performance of private sector organisations.
National Accounts produces GDP data and other integrative statistical products.
Funding in all subprogrammes is distributed according to the various economic surveys. The main cost drivers are remuneration, travel and communication.
quarterly GDP and annual regional GDP estimates providing information on 10 sectors of the economy statistical releases on employment and earnings, industry and trade, and financial information.
monthly statistical releases on the consumer price index, covering 400 products monthly statistical releases on the producer price index, covering 912 products.
Statistics South Africa produces monthly, quarterly and annual financial statistics on industry and trade, prices and employment according to set targets defined by the special data dissemination standard requirements.
In 2008/09, Statistics South Africa implemented new price releases. A comprehensive overhaul of both the consumer price index and the producer price index surveys has resulted in a number of complex changes, including to methodologies, products and prices, weights and collection processes. While the refined producer price index has been implemented, 2008/09 is a critical year for implementing the consumer price index. The next significant improvement in the consumer price index will be reweighting the basket of goods, which will be finalised and published by February 2009.
Results of the 2005/06 income and expenditure survey were released in March 2008, although this had been planned for November 2007.
The quarterly GDP estimates, reporting on 10 sectors of the economy, were released on schedule.
The producer price index for February 2008 was based on an updated set of weights. The updates are consistent with international best practice and bring more consistency between this index and the system of national accounts. The reweighted index (using February data) was published in March 2008.
Management - 0.8 4.1 1.9 1.9 2.6 2.
Short Term Indicators 15.3 19.0 16.9 21.8 24.1 26.5 30.
Large Sample Surveys 8.2 9.3 22.6 23.9 21.7 24.0 23.
Producer Price Index and Labour Statistics 16.5 15.6 16.9 21.0 27.4 31.4 33.
Consumer Price Index 18.1 27.1 34.9 38.9 41.3 44.7 45.
Government Accounts and Financial Statistics 16.2 20.7 22.6 25.3 28.4 31.2 31.
National Accounts 6.3 7.4 7.5 10.2 11.8 13.9 14.
Total 80.6 99.8 125.6 143.1 156.6 174.2 180.
Change to 2008 Budget estimate 1.3 6.4 6.5 (7.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Communication Computer services Consultants and professional services: Business and advisory services Contractors Agency and support / outsourced services Inventory: Stationery and printing Lease payments Travel and subsistence Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Households Payments for capital assets Machinery and equipment 80.2 99.7 125.6 143.1 156.5 174.2 180.7 66.1 14.1 0.1 0.0 4.6 0.1 0.4 0.1 0.0 2.0 0.6 4.7 0.3 0.9 - 83.2 16.6 0.1 0.0 4.4 0.8 0.3 0.0 0.9 1.9 0.9 5.3 0.6 1.2 - 105.5 17.9 - 0.1 5.0 - 0.3 0.1 0.5 2.4 0.8 6.4 0.6 1.1 2.2 120.2 22.8 0.6 0.5 6.2 0.1 3.5 0.0 0.0 2.7 0.8 5.6 0.8 1.3 - 136.9 19.6 - 0.3 4.1 0.0 1.0 0.4 1.2 2.6 0.6 7.5 0.5 0.7 - 148.0 26.1 - 0.7 3.7 0.0 1.9 0.4 4.54.1 0.5 7.3 0.6 1.4 - 154.5 26.2 - 1.2 4.1 0.0 5.8 0.5 3.7 2.4 0.4 6.0 0.5 0.
Spending in this programme grew from R80.6 million in 2005/06 to R143.1 million in 2008/09, an average annual rate of 21.1 per cent, mainly because the department increased its personnel capacity to generate a range of economic statistics. Total expenditure increased in 2007/08 and 2008/09, as a 37 per cent service benefit for contract staff was implemented.
The rollout of the direct price collection methodology for calculating the consumer price index to metropolitan areas in all provinces increased spending by 49.3 per cent in the Consumer Price Index subprogramme in 2006/07.
Population Census and Statistics plans, analyses and disseminates population statistics collected through the census and surveys. The next population census, scheduled for 2011, will also provide information on a wide range of population and demographic themes at municipal level.
Health and Vital Statistics publishes statistics on births, deaths, marriages, divorces, tourism and migration, all based on administrative records.
Social Statistics provides information on living conditions and tourism through the general household and tourism surveys.
Demographic and Social Analysis collates and analyses data from census, survey and administrative data, generates a knowledge base on social and population themes, and compiles mid-year population estimates.
Surveys Monitoring and Evaluation monitors and assures the quality of the field operations of the household surveys and censuses.
Household Labour Market Statistics provides information on labour market trends through the labour force survey.
Poverty Survey provides information on poverty levels and income and expenditure trends.
Survey Operations collects and processes information required by Statistics South Africa through household surveys and censuses, using an integrated strategy for field operations. This is a new subprogramme, funded by shifts within the programme.
Funding in all subprogrammes is distributed according to the various population and social surveys. The main cost drivers are remuneration, travel, processing, equipment and communication.
producing statistical information on the labour market, vital registrations, living conditions, demographic trends and service delivery conducting a population census in 2011.
The community survey of February 2007 collected information from approximately 280 000 households across the country over 4 weeks. The results were released in October 2007. The Key Municipal Data report was published in March 2008.
The re-engineering of the labour force survey was finalised. First results of the new quarterly labour force survey were released in August 2008.
The living conditions survey was piloted in November 2007, and data collection for the main survey started in September 2008. The results will be published in 2010.
Management 0.6 1.9 4.9 3.8 3.8 4.0 4.
Population Census and Statistics 49.6 89.8 39.0 73.4 78.6 69.2 105.
Health and Vital Statistics 10.9 9.5 12.0 17.8 19.7 20.9 22.
Social Statistics 7.8 7.8 7.0 22.2 12.9 13.8 14.
Demographic and Social Analysis 4.0 4.4 4.7 7.3 9.5 10.1 10.
Surveys Monitoring and Evaluation 0.0 0.1 1.0 0.7 0.8 1.0 1.
Household Labour Market Statistics - 27.0 85.4 13.8 13.5 11.6 12.
Poverty Survey 49.5 45.4 15.6 123.3 115.4 112.6 116.
Survey Operations 57.3 292.4 112.7 130.7 366.7 722.7 1 336.
Total 179.7 478.3 282.4 393.0 620.9 965.8 1 622.
Change to 2008 Budget estimate 51.1 33.1 187.2 283.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Infrastructure and planning Contractors Agency and support / outsourced services Inventory: Food and food supplies Inventory: Fuel, oil and gas Inventory: Other consumables Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Non-profit institutions Households Payments for capital assets Machinery and equipment Software and other intangible assets 178.3 478.0 282.1 392.1 597.4 961.9 1 614.9 72.1 105.6 1.5 0.1 0.3 - 0.1 3.1 5.2 25.9 0.4 0.4 18.4 0.8 2.0 1.3 3.7 1.1 0.2 36.7 - 0.7 3.4 0.6 161.8 316.2 0.3 5.5 0.6 - 0.2 8.4 4.0 22.0 7.1 21.6 103.9 0.2 8.9 1.8 8.6 1.9 1.0 83.6 - 2.3 34.0 - 150.6 112.0 1.1 0.6 1.1 - 1.4 5.6 1.6 20.3 - 1.0 17.3 0.1 7.4 0.3 3.3 1.1 0.6 36.1 0.0 3.6 9.1 19.5 231.8 160.4 155.3 - 7.8 - - - (7.6) 0.1 - - - - - (0.0) - 0.4 - 4.4 - - - - 337.5 259.8 0.9 3.0 1.4 0.5 2.0 10.4 23.1 4.9 1.6 89.6 14.5 - - 18.4 8.4 1.4 1.5 58.0 0.6 5.5 13.8 - 596.4 365.5 0.3 4.9 0.8 3.1 3.8 14.3 9.4 3.2 1.1 6.7 7.2 - - 1.4 158.7 0.6 1.2 117.3 0.9 2.2 28.3 - 454.2 1 160.6 0.7 10.3 2.0 1.3 0.8 20.9 11.2 3.8 - 14.4 876.2 - - 11.1 28.6 2.7 0.8 89.6 40.7 4.9 40.
Spending in this programme fluctuates as not all surveys are undertaken every year. It increased from R179.7 million in 2005/06 to R478.3 million in 2006/07 to provide for the community survey that was conducted in 2005/06 and 2006/07, and which replaced the population census that would have been conducted in 2006/07. Spending in 2007/08 decreased because the community survey had ended.
Expenditure in the Survey Operations subprogramme increased from R57.3 million in 2005/06 to R292.4 million in 2006/07 for the community survey. Expenditure decreased by 61.4 per cent in 2007/08 when the survey was concluded and funding was only necessary for processing, analysing and disseminating the results. Over the MTEF period, the budget for this subprogramme increases at an average annual rate of 117 per cent in preparation for the population census in October 2011. The main increases are in travel costs, agency services, contractors, printing and venues rental.
17.7 per cent between 2005/06 and 2008/09 to provide for a project that supplies information on mortality and the causes of death, to be used for policy development. Spending on this subprogramme stabilises over the MTEF period to an average annual rate of 7.6 per cent.
Methodology and Audit provides technical expertise on methodologies for producing official statistics.
Survey Standards develops standards, classifications and definitions for publishing official statistics.
Business Frames maintains and improves the sampling frame for economic statistics. Funding is used for developing frames for economic surveys. The main cost driver is remuneration.
Improve the comparability and accuracy of statistical information by reviewing and auditing methodological compliance in survey areas, and applying appropriate quality criteria, standards, classifications and procedures.
Ensure accurate and reliable statistical information by drawing annual samples for all economic surveys based on a sound business sampling frame.
In 2007/08, a framework for auditing statistical quality against set standards was developed. Various independent reviews have been conducted on the community survey to make the results more comparable and accurate. Methodological reviews of imputation and weighting have been conducted in the quarterly labour force survey to make labour market trends more accurate and reliable.
Recommendations from the strategic review of the business register are being implemented. They focus on optimising the use of administrative data, revising the conceptual framework, assessing the system, reengineering the survey frames and improving manuals and procedures.
Management 1.2 1.6 1.6 1.8 2.0 2.2 2.
Methodology and Audit 11.0 16.0 19.0 27.1 31.0 32.6 34.
Survey Standards 2.2 1.7 1.0 1.7 2.6 2.8 2.
Business Frames 9.4 9.0 10.5 17.8 21.8 22.8 24.
Total 23.7 28.2 32.2 48.4 57.4 60.3 64.
Current payments 23.5 28.0 32.1 48.4 57.4 60.2 64.
Compensation of employees 19.9 21.7 27.4 37.3 45.7 48.4 51.
Goods and services 3.6 6.4 4.7 11.1 11.7 11.8 13.
Administrative fees - 0.0 0.0 0.3 0.8 0.8 0.
Communication 0.6 0.6 0.9 1.2 2.1 2.2 2.
Consultants and professional services: Business and advisory 0.2 1.5 1.9 2.7 0.9 1.0 1.
Contractors 0.0 0.8 0.0 0.0 0.3 0.1 0.
Agency and support / outsourced services 1.6 - 0.1 1.8 1.5 2.0 2.
Inventory: Stationery and printing 0.2 0.3 0.3 0.5 0.9 0.9 0.
Travel and subsistence 0.8 2.1 1.0 3.0 3.8 3.2 3.
Operating expenditure 0.0 0.2 0.1 0.1 0.5 0.5 0.
Venues and facilities 0.1 0.6 0.1 0.1 0.2 0.3 0.
Transfers and subsidies 0.2 0.1 - - - 0.
Households 0.2 0.1 - - - 0.
Payments for capital assets 0.0 0.1 0.
Machinery and equipment 0.0 0.1 0.
Spending increased at an average annual rate of 26.8 per cent between 2005/06 and 2008/09, catering mainly for analysis, expert consultations and auditing methodological standards.
35.2 per cent between 2005/06 and 2008/09. Lower average annual growth of 8.5 per cent is expected over the MTEF period.
Spending on the Survey Standards subprogramme decreases at an average annual rate of 7.4 per cent between 2005/06 and 2008/09.
19.5 per cent, is associated with the increase in the number of surveys conducted by Statistics South Africa.
Expenditure on the Business Frames subprogramme increased at an average annual rate of 23.7 per cent between 2005/06 and 2008/09 for maintenance of the business sampling frame and conducting a quality improvement survey.
11.5 per cent.
Geographic Services provides a mapping and information service to the department and other users.
Geographical Frames provides a sampling frame for the household surveys and censuses.
Publication Services provides editing, publishing and distribution services to survey areas.
Data Management and Technology provides technology infrastructure for the department and supports data management across statistical series. Funding is used for developing frames for social surveys. The main cost drivers are IT and equipment.
Ensure a reliable sampling frame for household surveys by updating 60 per cent of the spatial frame and database by March 2010.
Ensure accurate, transparent, reliable and relevant official statistics by implementing standardised metadata for 90 per cent of statistical products in the statistical data management facility by March 2010.
stabilising and upgrading ICT infrastructure, including upgrading the storage area network and implementing disaster recovery by March 2010 continuously ensuring 90 per cent network availability.
The first two phases of the end-to-end statistical data management facility were completed in 2008/09: the survey metadata capture tool, which streamlines survey processes, was developed, as were tools for registering concepts, variables and classifications.
Statistics South Africa compiled and published a South African statistical quality assessment framework in 2008/09. This document will be used in Statistics South Africa and the national statistics system to certify statistics as official.
Management 1.2 1.4 1.8 1.6 2.0 2.1 2.
Geographic Services 8.2 11.7 36.2 16.0 23.1 53.3 56.
Geographical Frames 7.2 29.7 29.2 99.6 68.4 46.3 20.
Publication Services 9.0 8.3 10.8 29.1 15.1 18.7 19.
Data Management and Technology 80.4 90.2 123.0 92.7 88.6 99.6 101.
Total 106.0 141.3 201.0 239.1 197.2 220.0 199.
Change to 2008 Budget estimate 11.7 (64.0) (112.8) (125.
Current payments Compensation of employees Goods and services of which: Administrative fees Assets less than R5 000 Audit costs: External Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Infrastructure and planning Contractors Agency and support / outsourced services Inventory: Stationery and printing Lease payments Travel and subsistence Operating expenditure Venues and facilities Transfers and subsidies Provinces and municipalities Households Payments for capital assets Machinery and equipment Software and other intangible assets 66.6 109.5 154.9 201.2 174.3 192.8 173.1 21.8 44.8 0.0 2.3 0.0 1.9 17.4 4.2 8.4 0.4 0.9 6.1 1.9 1.0 0.2 0.1 26.5 83.0 - 1.1 0.1 1.8 30.2 1.4 10.5 22.0 2.4 10.6 0.8 1.6 0.1 0.3 38.3 116.5 0.0 3.5 0.1 1.6 57.7 5.1 15.3 18.7 1.0 9.2 0.9 2.7 0.2 0.1 93.1 108.1 5.3 3.4 0.1 2.3 34.5 27.5 - 0.0 - 11.8 9.4 0.5 0.8 11.8 116.2 58.2 0.0 1.5 0.5 2.8 37.5 2.0 - 0.9 0.0 8.3 - 3.3 0.4 0.1 93.3 99.5 0.0 13.3 0.3 2.6 29.9 5.1 2.5 30.6 -9.0 2.2 2.7 0.3 0.2 70.4 102.7 0.0 0.3 0.3 2.6 43.0 6.1 2.0 32.8 - 9.1 2.4 2.8 0.2 0.2 0.1 0.0 0.6 0.
31.2 per cent between 2005/06 and 2008/09, mainly due to allocations for the dwelling frame address database.
5.8 per cent as the dwelling frame will be completed and will only be maintained annually from 2011.
Expenditure in the Geographic Services subprogramme increased by R24.5 million between 2006/07 and 2007/08, as R19.9 million was rolled over for unpaid commitments for acquiring satellite imagery from various service providers.
Spending in the Geographical Frames subprogramme increases from R29.2 million in 2007/08 to R99.6 million in 2008/09 for establishing the dwelling frame database. Spending decreases to R68.4 million in 2009/10 as funding is only required for maintaining the database.
Spending in the Publication Services subprogramme increases from R10.8 million in 2007/08 to R29.1 million in 2008/09 because publishing has been centralised in this subprogramme and the demand for services is projected to increase in later years.
4.9 per cent between 2005/06 and 2008/09 as all funding for purchasing computer equipment, software and software licences has been centralised in this subprogramme. The budget for the subprogramme grows at an average annual rate of 3.1 per cent over the MTEF period.
International Relations manages relations with international statistical agencies.
Provincial Offices provides provincial capacity to support the collection and use of official statistics.
Stakeholder Relations Management maintains relations with stakeholders across the country.
Funding is distributed to provide support for all social surveys. The main cost drivers are remuneration and communication.
conducting stakeholder workshops in all 9 provinces to inform and consult with stakeholders on statistical products improving website visitor sessions by 10 per cent per year.
Provide ongoing training and technical support to provincial and local stakeholders on collecting data and disseminating quality statistics.
Ensure alignment with international standards, best practice and statistical skills development by increasing participation, sharing and learning in international statistical initiatives.
Website visitor sessions increased by 204 per cent in 2007/08.
To prepare for the International Statistics Institute conference to be hosted by Statistics South Africa in August 2009, the ISIbalo capacity building programme and the ISIbane social responsibility programme were launched. ISIbalo is a flagship collaborative programme with the International Statistics Institute intended to improve and develop statistical capacity in Africa. ISIbane is a social responsibility programme that aims to improve mathematics and statistics education at the schools level.
Statistics South Africa hosted the first Africa Conference of Young Statisticians in July 2008, which gave young Africans in statistics and related fields the opportunity to take part in an international conference, preparing them for the International Statistics Institute conference in 2009.
Management 0.2 1.4 3.5 2.7 11.5 14.2 15.
International Relations 5.2 8.2 14.3 9.3 24.1 13.2 13.
Provincial Offices 62.3 58.5 71.4 110.8 115.4 122.3 129.
Stakeholder Relations Management 5.7 6.0 7.0 9.6 11.4 11.9 12.
Total 73.3 74.1 96.2 132.4 162.4 161.6 170.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Audit costs: External Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Contractors Agency and support / outsourced services Inventory: Other consumables Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Travel and subsistence Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Non-profit institutions Households Payments for capital assets Machinery and equipment 72.8 73.8 95.9 132.3 162.1 161.5 170.4 55.6 17.2 0.1 0.3 0.2 - 0.0 4.8 - 1.3 1.2 0.4 0.1 0.6 1.0 1.0 4.4 0.5 1.2 - 47.2 26.6 0.1 0.2 0.1 - 0.1 8.4 0.3 1.1 0.8 0.5 0.5 1.0 1.3 1.6 8.8 0.8 0.8 - 59.9 35.8 0.0 0.9 1.3 - 0.4 9.6 - 0.7 0.8 0.2 0.3 1.0 2.4 3.9 9.6 1.0 3.6 0.3 100.8 31.5 0.5 0.1 1.2 - 0.1 10.1 0.7 5.5 3.6 0.1 0.3 0.9 2.4 1.1 3.6 0.8 0.4 - 132.7 29.4 0.5 1.5 0.5 0.8 1.3 2.8 0.7 1.1 7.5 0.5 0.2 1.1 1.4 1.7 5.1 0.6 2.1 - 140.0 21.5 1.0 1.3 0.0 -0.0 3.1 0.6 - - 0.2 0.0 0.6 2.0 1.6 3.6 0.8 6.7 - 148.6 21.8 0.0 1.6 0.0 - 0.0 3.2 0.6 0.8 - 0.2 0.0 0.6 1.8 1.4 6.5 0.9 4.
Spending in this programme grew at an average annual rate of 21.8 per cent between 2005/06 and 2008/09 as regional and district offices were established in preparation for Census 2011. It is set to grow at an average annual rate of 8.8 per cent over the MTEF period.
The hosting of the International Statistical Institute conference increases spending in the International Relations subprogramme from R9.3 million in 2008/09 to R24.1 million in 2009/10. Spending then decreases by 45.2 per cent in 2010/11 as the conference will be over.
Spending in the Provincial Offices subprogramme increases at an average annual rate of 5.3 per cent over the MTEF period to build capacity and infrastructure at provincial and regional offices in preparation for Census 2011.
18.9 per cent between 2005/06 and 2008/09 to facilitate increased stakeholder involvement, with a focus on the regional community level.
8.4 per cent.
R million 2007/08 2007/08 2008/09 2008/09 1. Administration 204.6 311.7 319.6 390.9 (23.4) 367.5 367.5 2. Economic Statistics 147.0 142.6 125.6 141.8 1.3 143.1 143.1 3. Population and Social Statistics 436.0 397.4 282.4 341.8 51.1 393.0 393.0 4. Methodology and Standards 50.1 56.1 32.2 44.4 4.0 48.4 48.4 5. Statistical Support and Informatics 152.1 249.4 201.0 227.4 11.7 239.1 239.1 6. Corporate Relations 110.5 - 96.2 125.9 6.5 132.4 132.
Total 1 100.3 1 157.3 1 057.0 1 272.2 51.2 1 323.4 1 323.
Current payments Compensation of employees 1 076.8 1 101.3 1 003.7 1 247.9 28.2 1 276.1 1 276.1 565.3 498.1 472.0 714.3 (12.1) 702.1 702.
Goods and services 511.5 603.2 509.3 533.7 40.3 574.0 574.
Financial transactions in assets and liabilities Transfers and subsidies Non-profit institutions - - 22.
Households Payments for capital assets Machinery and equipment 1.2 1.2 1.4 0.1 1.8 1.8 1.8 22.4 54.6 51.8 24.2 21.0 45.3 45.3 20.9 45.8 47.2 23.3 21.0 44.3 44.
Software and intangible assets 1.4 8.9 4.6 0.9 - 0.9 0.
Compensation (R million) 302.1 413.4 470.2 700.2 921.2 1 190.0 1 050.
Unit cost (R million) 0.3 0.3 0.2 0.2 0.3 0.3 0.
Compensation of interns (R million) - 1.5 1.9 1.9 7.7 8.2 11.
Unit cost (R million) - 0.1 0.1 0.1 0.1 0.1 0.
Compensation (R million) 302.1 414.9 472.0 702.1 928.9 1 198.2 1 061.
Compensation of employees (R million) 302.1 414.9 472.0 702.1 928.9 1 198.2 1 061.
Training expenditure (R million) 4.6 7.7 11.9 10.1 21.9 28.6 71.
Training as percentage of compensation 1.5% 1.9% 2.5% 1.4% 2.4% 2.4% 6.
Households receiving bursaries (R million) - - 0.
<fn>GOV-ZA.4278112artsEn.2012-02-10.en.txt</fn>
Administration 129.5 126.2 - 3.2 140.4 167.
Arts and Culture in Society 375.6 18.3 357.0 0.3 316.5 339.
National Language Service 106.0 50.4 54.7 0.9 111.4 107.
Cultural Development and International Cooperation 224.1 30.6 193.0 0.5 236.7 237.
Heritage Promotion 1 214.2 24.3 1 189.4 0.4 993.8 920.
National Archives, Records, Libraries and Heraldic Services 574.2 58.6 514.8 0.8 636.2 675.
Total expenditure estimates 2 623.5 308.4 2 309.0 6.0 2 435.1 2 448.
Website address www.dac.gov.
The aim of the Department of Arts and Culture is to develop and preserve South African arts and culture to ensure social cohesion and nation building.
Purpose: Conduct the overall management of the department and provide centralised support services.
Purpose: Develop and promote arts and culture in South Africa and mainstream its role in social development.
Purpose: Develop and promote the official languages of South Africa and enhance the linguistic diversity of the country.
Purpose: Provide economic and other development opportunities for South African arts and culture, nationally and globally, through mutually beneficial partnerships, thereby ensuring the sustainability of the sector.
Purpose: Provide policy, legislation and strategic direction for identifying, conserving and promoting cultural heritage.
Purpose: Facilitate full and open access to the archival, heraldic and information resources of South Africa.
The Department of Arts and Culture is responsible for transforming South Africa's arts, culture and heritage landscape to serve South Africa's wide artistic and cultural needs and contribute to growth, employment, poverty alleviation, national reconciliation, nation building and social cohesion.
The department will continue to support government's social cohesion implementation framework by intensifying existing programmes that encourage social cohesion and nation building, such as youth into arts, youth in dialogue, access to the arts, and arts and culture for human settlements. It will also support the development of new programmes. National days, such as Women's Day and Youth Day, will continue to be used as platforms to celebrate the social, cultural and economic advancement of vulnerable groups.
As part of its mandate to preserve South Africa's cultural heritage and pass on the knowledge held by the various arts and culture institutions, the department supports youth focused entities such as Jazz for Juniors, which actively promotes the history and appreciation of the South African jazz heritage, from kwela and marabi to kwai jazz.
The department acknowledges the economic potential of the cultural industries for job creation, poverty reduction, skills transfer, small business development and broad based black economic empowerment (BEE). Through its investing in culture programme, the department aims to provide empowerment opportunities for unemployed people through skills development, training, and job creation in the arts, culture and heritage sector by generating opportunities for establishing viable small and medium enterprises.
In relation to the film industry, the department encourages the development of local content and supports the National Film and Video Foundation. Funds are allocated to the foundation for training, skills development, growing the audience base in townships and strengthening South Africa's international presence.
The department continues to promote linguistic diversity and develop official languages as required by the Constitution and the national language policy framework. The framework, implemented since 2003, has provided direction for language planning, translation and editing, terminology development and human language technologies.
Over the medium term, the department will develop a national framework that will encompass a funding and grading system for statutory heritage institutions. The planned national museum policy will ensure that funding to heritage institutions is objectively based on the sector's current and future strategic needs.
The department will also develop a national policy on intangible cultural heritage, which will provide a comprehensive framework to safeguard and promote intangible cultural heritage in South Africa.
The South African Geographical Names Council, established in 1998 to advise the Minister for Arts and Culture on standardising place names, is currently conducting national hearings to get inputs from the public on the sensitive and important policy for changing names. The hearings are expected to be concluded in 2009/10, and the outcomes will determine the pace and focus of changes.
The department continues to develop heraldic designs that reflect government imperatives, such as nation building and social cohesion, including new coats of arms for all provincial governments in 2008/09. The designs are important for national identity and will be promoted through various activities as part of the build-up to the 2010 FIFA World Cup, and beyond.
A key development for transforming the library sector was the introduction of the community library services conditional grant in 2007/08. The department is also developing norms and standards for community libraries to ensure equity in access at minimum levels of service delivery, and to address disparities in services, practices and procedures in libraries.
The department has developed a detailed plan and programme of activities building up to the 2010 FIFA World Cup, focusing on the performing arts, literary and visual arts, heritage resources and legacy, and languages. All commemorative programmes and major festivals are used as a platform for promoting the event and related activities, and aim to leave a legacy after 2010.
Table 12.
R million 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 1. Administration 101.2 122.1 129.6 122.1 121.6 129.5 140.4 167.6 2. Arts and Culture in Society 194.7 225.0 252.7 340.5 339.2 375.6 316.5 339.7 3. National Language Service 58.8 68.8 87.0 102.8 102.4 106.0 111.4 107.0 4. Cultural Development and International 159.8 198.3 187.8 214.0 213.2 224.1 236.7 237.
Heritage Promotion 536.9 632.7 659.9 912.4 904.0 1 214.2 993.8 920.8 6. National Archives, Records, Libraries 69.6 83.0 268.8 468.6 445.9 574.2 636.2 675.
Total 1 121.0 1 329.9 1 585.8 2 160.3 2 126.3 2 623.5 2 435.1 2 448.
Change to 2008 Budget estimate 43.2 9.2 210.9 146.1 23.
Current payments 203.2 253.2 288.7 292.6 284.6 308.4 329.7 359.
Compensation of employees 82.5 95.1 107.2 139.0 131.0 146.3 154.8 164.
Goods and services 120.5 157.9 181.2 153.6 153.6 162.1 174.9 195.
Administrative fees 0.8 2.5 3.2 1.4 1.4 1.8 1.9 2.
Advertising 5.6 4.8 5.4 5.6 5.6 5.5 5.8 6.
Assets less than R5 000 1.0 2.9 3.4 2.8 2.8 2.8 3.0 3.
Audit costs: External 1.1 1.4 2.8 1.7 1.7 1.7 1.8 1.
Bursaries (employees) 0.1 0.3 0.4 0.2 0.2 0.2 0.2 0.
Catering: Departmental activities 0.4 0.6 1.7 1.1 1.1 1.2 1.2 1.
Communication 7.4 8.0 7.9 5.9 5.9 6.1 6.4 8.
Computer services 4.2 3.6 2.5 1.5 1.5 1.5 1.6 3.
Consultants and professional services: 25.6 47.7 21.4 20.0 20.0 20.2 21.4 21.
Consultants and professional services: 0.5 0.2 2.2 4.2 4.2 4.1 4.4 3.
Inventory: Food and food supplies 1.1 2.
Inventory: Materials and supplies 0.0 0.1 7.9 8.0 8.0 8.6 9.3 11.
Inventory: Other consumables 0.5 0.2 0.2 0.2 0.2 0.2 0.2 0.
Inventory: Stationery and printing 3.8 5.6 5.1 3.4 3.4 3.5 3.7 5.
Lease payments 18.1 25.7 28.5 32.0 32.0 37.1 41.9 46.
Owned and leasehold property 6.5 7.6 8.4 8.8 8.8 9.7 10.7 11.
Travel and subsistence 36.5 40.8 50.3 32.1 32.1 32.9 34.9 36.
Operating expenditure 1.5 0.7 19.5 13.8 13.8 14.0 14.8 20.
Venues and facilities 5.2 2.8 9.7 10.4 10.4 10.7 11.3 11.
Financial transactions in assets and 0.2 0.2 0.
Transfers and subsidies 908.4 1 074.7 1 295.0 1 862.3 1 836.3 2 309.0 2 098.8 2 082.
Provinces and municipalities 0.3 0.1 163.2 344.6 323.6 440.6 494.0 523.
Departmental agencies and accounts 740.2 894.5 949.6 1 247.4 1 242.4 1 566.9 1 365.0 1 309.
Households 167.9 180.2 182.2 270.3 270.3 301.6 239.9 249.
Payments for capital assets 9.4 2.1 2.1 5.4 5.4 6.0 6.6 6.
Machinery and equipment 9.4 2.1 2.1 5.4 5.4 6.0 6.6 6.
The Department of Arts and Culture's expenditure grew at an average annual rate of 24.4 per cent between 2005/06 and 2008/09. This was mainly due to additional resources for the construction of the Freedom Park, upgrading and maintaining museums, and the introduction of the community library services conditional grant in 2007/08 to improve community library services.
Once-off items, like R9 million for background research on the community library services conditional grant and key commemorations, explain the increases in expenditure on consultants and transfers to households in 2006/07.
The community library services conditional grant accounts for the 994.3 per cent average annual growth in transfers to provinces between 2005/06 and 2008/09. Transfers to provinces are expected to grow more moderately over the medium term, at an average annual rate of 15 per cent. Expenditure over the MTEF period is also expected to grow more moderately, at an average annual rate of 4.3 per cent. This is due to the conclusion of major projects such as the construction of the Freedom Park, which will end in 2010/11, and 2010 FIFA World Cup projects, including preparations for the opening and closing ceremonies, for which funding will end in 2009/10.
In general, transfers to heritage and arts institutions, provinces and playhouses continue to dominate the department's budget, comprising 86 per cent on average of the total budget over the medium term.
The 2009 Budget provides additional allocations of R227.3 million, R166.9 million and R41.
personnel inflation adjustments (R3.7 million, R3.4 million and R3.
inflation adjustments for capital works projects at the public entities (R23.3 million, R29.1 million and R37.2 million).
Efficiency savings of R85.4 million over the medium term have been identified: R6.8 million in 2009/10, R8.5 million in 2010/11 and R15.3 million in 2011/12 from goods and services in all programmes, mainly from travel and subsistence and catering costs; and R19.1 million in 2009/10, R22.5 million in 2010/11 and R13.2 million in 2011/12 from transfers and subsidies.
Phase 1 of the Freedom Park (construction of the garden of remembrance) was completed at the end of 2003/04. The intermediate phase was completed in 2006/07. The first part of phase 2, which will make the Freedom Park operational, is projected to be completed in 2009/10. Construction of the final elements of the park will be completed over the medium term.
The sod turning ceremony for the new National Library building in Pretoria (built at an estimated cost of R374 million) took place in December 2004. Construction was completed in 2008/09 and the library has been operating at full capacity since the beginning of 2009.
Over the medium term, the department will continue to upgrade safety and security and improve disabled accessibility at all its public entities, and has allocated R120 million, R150.8 million and R159.8 million for this.
Departmental receipts include mainly miscellaneous items such as debt repayments and revenue generated through service fees charged by the National Archives and Records Service for copying documents and registering coats of arms.
Minister1 0.8 0.9 1.4 1.6 1.7 1.8 1.
Deputy Minister1 0.7 0.7 1.1 1.3 1.4 1.5 1.
Management 31.1 63.6 27.0 52.3 53.3 56.4 77.
Corporate Services 38.9 23.6 63.1 26.1 26.3 28.1 28.
Property Management 29.6 33.3 37.0 40.8 46.8 52.6 57.
Total 101.2 122.1 129.6 122.1 129.5 140.4 167.
Change to 2008 Budget estimate 2.4 1.1 1.6 24.9 1. From 2008/09, the current payments relating to the total remuneration package of political office bearers are shown, before this, only salary and car allowance are included. Administrative and other subprogramme expenditure may in addition include payments for capital assets as well as transfers and subsidies.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Audit costs: External Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Legal costs Inventory: Food and food supplies Inventory: Materials and supplies Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Travel and subsistence Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Households Payments for capital assets Machinery and equipment 93.7 120.3 127.9 119.3 126.2 136.8 164.1 32.0 61.6 0.5 3.5 0.6 1.1 0.1 0.4 2.4 1.7 9.0 0.5 0.4 0.0 1.6 18.1 6.5 12.2 1.2 1.2 0.2 36.7 83.6 1.2 2.7 1.9 1.4 0.3 0.6 3.2 3.6 11.2 0.2 1.3 0.0 3.6 25.7 7.6 17.1 0.3 1.0 0.0 41.3 86.4 0.8 1.4 2.2 2.8 0.4 0.6 4.4 2.5 4.1 0.4 - 2.4 3.5 28.5 8.4 13.4 8.3 1.4 0.2 47.9 71.3 0.5 0.9 1.4 1.7 0.2 0.4 2.7 1.5 2.6 0.2 - 1.5 2.2 32.0 8.8 8.3 5.1 0.9 - 49.0 77.3 0.5 0.9 1.4 1.7 0.2 0.4 2.7 1.5 2.6 0.2 - 1.5 2.2 37.1 9.7 8.3 5.1 0.9 - 52.2 84.6 0.5 0.9 1.4 1.8 0.2 0.4 2.9 1.6 2.7 0.3 - 1.5 2.3 41.9 10.7 8.7 5.4 0.9 - 54.6 109.5 1.0 1.8 1.5 1.9 0.5 0.8 4.6 3.2 4.8 0.5 - 3.0 4.4 46.0 11.3 10.0 10.5 2.
Spending in the Administration programme increased from R101.2 million in 2005/06 to R122.1 million in 2008/09 at an average annual rate of 6.
11.1 per cent over the medium term. The fluctuating growth in the Management subprogramme over the sevenyear period is because the number of ministerial imbizos changes from year to year.
The 20.7 per cent growth between 2005/06 and 2006/07 was mainly due to the number of commemorations and anniversaries celebrated in 2006/07, which also accounts for the 35.7 per cent growth in goods and services in 2006/07. While growth in expenditure decreases by 5.8 per cent in 2008/09, it picks up again over the medium term and is expected to grow at an average annual rate of 11.1 per cent, in line with the increase in the Management subprogramme for the ministerial imbizo programme. This also accounts for the increased allocation for consultants over the period.
From April 2006, costs for leases and accommodation charges were devolved from the Department of Public Works to individual departments. The department receives the following amounts over the MTEF period: R46.8 million, R52.6 million and R57.3 million.
Cost containment measures over the medium term have been identified in this programme, totalling R11.1 million in goods and services.
Promotion of Arts and Culture in South Africa funds various performing arts institutions. It also supports social development through moral regeneration activities directed at out-of-school youth and rehabilitating prisoners. Funds are mainly used for transfers to performing arts institutions that are positioned to support the mandate of the department to develop the literary, visual and performing arts.
National Arts Council transfers funds to the National Arts Council, which supports the various disciplines of arts and culture through financial support, guided by funding criteria that promote government objectives.
placing 400 artists in schools and community arts centres in 2009/10 developing the capacity of 23 arts and culture learning area subject advisors from the provincial education departments to provide leadership to educators in schools in 2009/10.
Increase access to arts, culture and heritage for vulnerable groups by providing at least 1 programme for women, children and people with disabilities at all 27 arts, culture and heritage institutions in 2009/10.
Stimulate community interest in arts and culture and facilitate access by providing financial resources for programmes in at least 9 community arts centres in 2009/10.
Music festivals and concerts were supported, including the Cape Town International Jazz Festival and the Standard Bank Joy of Jazz, to ensure that job opportunities are created for musicians. Small scale community arts programmes have been supported, such as the Thari e ntsho annual traditional music festival, which promotes Basotho music and dance.
With its provincial counterparts and community arts centres, the department developed a national framework in 2008 to address the challenges facing community arts centres, including funding, the quality of programmes, and management capacity. The framework categorises community arts centres into four levels based on organisational capacity. Each level has its own funding model and criteria for operation in relation to programming and skills development.
Through the annual Mosadi wa Konokono (Women of Substance) campaign, 27 women who work in the arts, culture and heritage fields were recognised for their outstanding contribution to community upliftment. They received training in marketing, intellectual property protection and business development.
The department is in the process of organising the choral music sector. The final result will be the release of a strategy for the development of choral music in 2009/10.
Over the medium term, spending in this programme will continue to promote the development of community and established artists and showcase their talent.
Promotion of Arts and Culture in South Africa 146.8 162.9 185.8 267.6 298.9 235.9 254.
National Arts Council 47.9 62.1 66.9 72.9 76.6 80.6 85.
Total 194.7 225.0 252.7 340.5 375.6 316.5 339.
Change to 2008 Budget estimate 6.7 (2.3) (3.5) (3.
Current payments Compensation of employees Goods and services of which: Advertising Catering: Departmental activities Communication Consultants and professional services: Business and advisory services Travel and subsistence Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Households Payments for capital assets Machinery and equipment Total 11.3 5.0 6.3 0.6 - 0.9 1.4 2.9 0.2 0.0 183.4 0.0 159.5 23.9 0.1 0.1 194.7 14.4 6.0 8.3 0.1 0.0 0.8 2.0 5.0 0.1 0.0 210.6 0.0 181.1 29.5 0.0 0.0 225.0 19.2 6.8 12.4 0.6 0.7 0.5 2.3 5.6 1.7 0.0 233.4 - 203.3 30.1 0.1 0.1 252.7 16.8 9.6 7.1 0.3 0.4 0.3 1.4 3.2 1.0 - 323.5 - 227.3 96.2 0.2 0.2 340.5 18.3 10.2 8.1 0.1 0.5 0.4 1.5 3.6 1.1 - 357.0 - 239.3 117.7 0.3 0.3 375.6 19.4 10.9 8.6 0.1 0.5 0.4 1.6 3.9 1.2 - 296.8 - 251.8 45.0 0.3 0.3 316.5 20.6 11.6 9.1 0.1 0.5 0.4 1.7 4.1 1.3 - 318.8 - 266.9 51.9 0.3 0.3 339.
Departmental agencies and accounts Departmental agencies (non-business entities) Current Artscape Business Arts South Africa Cape Philharmonic Orchestra Gauteng Orchestra KwaZulu-Natal Philharmonic Orchestra Market Theatre National Arts Council Performing Arts Centre of the Free State Playhouse Company State Theatre Windybrow Theatre Households Other transfers to households Current Financial assistance projects 2010 FIFA World Cup projects 159.5 181.0 203.1 227.3 239.3 251.8 266.9 24.4 4.3 3.2 3.2 3.2 11.0 47.9 16.9 20.0 20.6 4.7 27.8 4.6 - - - 14.5 62.1 19.6 23.1 23.7 5.6 31.5 4.9 - - - 17.0 66.9 22.7 26.6 27.1 6.5 35.5 5.2 - - - 19.3 72.9 25.8 30.2 30.9 7.4 37.2 5.5 - - - 20.3 76.6 27.4 31.8 32.7 7.8 39.2 5.8 - - - 21.4 80.6 28.8 33.5 34.4 8.2 41.5 6.1 - - - 22.7 85.5 30.5 35.5 36.4 8.7 23.9 29.5 30.1 96.2 117.7 45.0 51.9 23.9 - 29.5 - 9.3 20.8 42.0 54.2 42.7 75.0 45.0 - 51.
Expenditure grew between 2005/06 and 2008/09 at an average annual rate of 20.5 per cent.
219.5 per cent increase in transfers to households in 2008/09.
Expenditure is dominated by transfers to departmental agencies, which account for, on average, 95 per cent of the programme budget. The largest beneficiary is the National Arts Council. The responsibility for funding the philharmonic orchestras was shifted to the council in 2006/07, which explains the 29.6 per cent growth in the transfer in 2006/07. Since 2008/09, the council has also been responsible for funding the Cape Town Jazz Orchestra.
The allocation for the opening and closing ceremonies of the 2010 FIFA World Cup is made in 2009/10. This explains the 15.7 per cent decline in projected expenditure between 2009/10 and 2010/11, which translates into an average annual decline of 0.1 per cent over the MTEF period.
Cost containment measures over the medium term have been identified in this programme, totalling R14.4 million in transfers and subsidies and R842 000 in goods and services.
National Language Service promotes the national language policy and develops implementation strategies. Funding is mainly used for salaries and other personnel related costs, language bursaries and human language technologies programmes.
Pan South African Language Board transfers funds to the Pan South African Language Board, which creates an environment conducive to developing, using and promoting the 11 official languages as well as the Khoe, Nama and San languages and South African Sign Language.
promoting the human language technology programmes, such as machine aided translation tools, in 2009/10 promoting a telephone based information system in 2009/10.
Facilitate the regulation and accreditation of the language profession by establishing the South African Language Practitioners' Council by December 2009.
Promote capacity building in the language profession by awarding language bursaries to 90 students in 2009/10.
To promote the language profession, the Department of Arts and Culture awards language bursaries to deserving students in the fields of language planning, lexicography, translation and editing, interpreting, and human language technologies. 80 bursaries were awarded to postgraduate and undergraduate students in 2008.
To promote and develop all official languages, the department translated and edited 793 documents in official languages and translated 710 documents from foreign languages. As part of the human language technologies programme, electronic spellcheckers for African languages were developed in 2008. Over the medium term, the department will also develop terminology in all official languages, for example terms for soccer, HIV and AIDS, and the human, social, economic and management sciences.
Over the medium term, spending will continue to be focused on promoting the use of all 11 languages via bursaries and training, and rolling out more human language technology programmes.
National Language Service 31.9 29.7 43.4 55.3 56.4 59.0 51.
Pan South African Language Board 27.0 39.1 43.6 47.5 49.6 52.4 55.
Total 58.8 68.8 87.0 102.8 106.0 111.4 107.
Change to 2008 Budget estimate 0.7 (1.7) (2.7) (14.
Current payments Compensation of employees Goods and services of which: Advertising Communication Consultants and professional services: Business and advisory services Consultants and professional services: Legal costs Inventory: Stationery and printing Travel and subsistence Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Households Payments for capital assets Machinery and equipment 24.0 20.2 25.5 49.8 50.4 53.1 45.3 11.3 12.7 0.1 0.9 6.8 - 0.5 2.4 1.7 0.0 11.4 8.9 0.4 0.6 4.6 - 0.3 1.9 0.7 - 12.2 13.3 1.2 0.4 4.6 1.8 0.2 2.1 2.5 - 20.8 29.1 2.7 0.9 10.1 3.9 0.5 4.7 5.4 - 21.7 28.7 2.6 0.9 9.9 3.9 0.5 4.6 5.4 - 22.8 30.2 2.8 0.9 10.5 4.10.6 4.9 5.7 - 24.4 20.9 1.9 0.6 7.2 2.8 0.4 3.4 3.
Departmental agencies and accounts Departmental agencies (non-business entities) Current Pan South African Language Board Households Other transfers to households Current Financial assistance projects 27.0 39.1 43.6 47.5 49.7 52.6 55.7 27.0 39.1 43.6 47.5 49.7 52.6 55.7 7.2 9.4 17.7 4.6 5.0 4.7 5.0 7.2 9.4 17.7 4.6 5.0 4.7 5.
Expenditure in the National Language Services programme increased steadily between 2005/06 and 2008/09 at an average annual rate of 20.4 per cent, as the department extended the telephone interpreting service for South Africa project. This also accounts for increased spending on goods and services in that period, at an average annual rate of 31.7 per cent. The high consultancy fees over the medium term reflect this ongoing activity.
Growth over the medium term is more moderate, at an average annual rate of 1.
10.4 per cent. Transfers to households, from which awards to writers are made, fluctuate over the seven-year period as funding depends on the number of awards. Spending of R17.7 million in 2007/08 included a literature exhibition on indigenous languages.
Expenditure on the Pan South African Language Board increased from R27 million in 2005/06 to R47.5 million in 2008/09 at an average annual rate of 20.7 per cent, as the organisation built its capacity to fulfil its mandate.
5.4 per cent.
Cost containment measures over the medium term have been identified in this programme, totalling R5.7 million in goods and services and R1.4 million in transfers and subsidies.
Cultural Development supports the creative industries, primarily in the second economy, and the development of the arts. Funds are mainly transferred to households to support participants in projects and initiatives that promote the creative industries and are distributed on the basis of annual business plans and service level agreements between the department and individuals or group contractors.
Investing in Culture promotes job creation, skills development, poverty alleviation and economic empowerment in support of broader government growth and employment imperatives. Funds are transferred to households to support participants in the programme's projects. They are disbursed on the basis of annual business plans and service level agreements between the department and individuals or group contractors, in accordance with expanded public works programme targets: 60 per cent to women, 30 per cent to youth, and 2 per cent to people with disabilities.
International Cooperation ensures South Africa's participation in binational and multilateral cultural activities, secures overseas development assistance, strengthens South Africa's international presence, and builds international partnerships. Funding is mainly used for salaries, and other personnel related costs.
National Film and Video Foundation transfers funds to the National Film and Video Foundation, which supports skills, local content and local marketing development in South Africa's film and video industry.
Increase the number of sustainable arts and culture projects by providing 3 200 learnerships and job opportunities in arts, culture and heritage by December 2009.
Improve economic participation in and development of the cultural industry by providing cash in hand financial support to 30 000 cultural practitioners by March 2009.
Increase participation by grassroots art practitioners in the cultural industries by having at least 10 more signed international agreements or cultural exchanges that promote grassroots practices by April 2010.
In 2007/08, about 7 374 beneficiaries were provided with job opportunities primarily in the craft sector. Of the jobs created, 51 per cent were for women, 44 per cent for youth and 5 per cent for people living with a disability.
In 2007/08, the department partnered with 9 established fashion designers and 25 crafters in each province to collaborate on fashion items and accessories. This provided opportunities for the crafters to be part of the business of fashion, and for skills transfer between designers and crafters.
An international exhibition to give greater exposure to South African literature was held in Cuba in 2008.
The department took part in the Zaragoza Expo 2008 in Spain. Various artists, sponsored by the department, performed, and some were invited back in their private capacity.
Over the medium term, the major focus of the department will be to continue to support projects that promote job creation, skills development, poverty alleviation and economic empowerment through its investing in culture projects.
Cultural Development 29.4 71.8 26.5 42.9 42.2 44.1 38.
Investing in Culture 74.1 67.9 85.1 101.0 105.9 112.3 119.
International Cooperation 31.6 24.5 39.5 32.1 36.8 39.0 36.
National Film and Video Foundation 24.6 34.1 36.7 37.9 39.1 41.4 43.
Total 159.8 198.3 187.8 214.0 224.1 236.7 237.
Change to 2008 Budget estimate (1.3) (3.3) (4.4) (18.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Communication Consultants and professional services: Business and advisory services Inventory: Stationery and printing Travel and subsistence Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Households Payments for capital assets Machinery and equipment Total 28.7 12.6 16.1 0.1 0.9 1.1 1.6 0.5 10.9 0.1 0.5 0.0 130.9 0.0 24.6 106.2 0.2 0.2 159.8 32.7 15.2 17.5 1.0 0.4 1.4 5.2 0.9 7.7 0.1 0.4 0.1 165.4 0.0 34.1 131.3 0.1 0.1 198.3 48.9 17.1 31.7 2.1 0.5 1.0 6.3 0.8 18.0 0.6 1.8 0.0 138.9 - 36.7 102.2 0.1 0.1 187.8 29.4 20.6 8.7 0.6 0.1 0.3 1.7 0.2 4.9 0.2 0.5 - 184.2 - 37.9 146.3 0.4 0.4 214.0 30.6 22.2 8.3 0.5 0.1 0.3 1.7 0.2 4.7 0.2 0.5 - 193.0 - 39.1 153.9 0.5 0.5 224.1 32.2 23.5 8.7 0.6 0.1 0.3 1.70.2 4.9 0.2 0.5 - 204.0 - 41.4 162.6 0.5 0.5 236.7 34.6 25.1 9.4 0.6 0.2 0.3 1.9 0.2 5.4 0.2 0.5 - 202.7 - 43.8 158.8 0.5 0.5 237.
Departmental agencies and accounts Departmental agencies (non-business entities) Current National Film and Video Foundation Households Other transfers to households Current Cultural industries Investing in Culture programme Promote arts and culture internationally 24.6 34.1 36.7 37.9 39.1 41.4 43.8 24.6 34.1 36.7 37.9 39.1 41.4 43.8 106.2 131.3 102.2 146.3 153.9 162.6 158.8 24.8 69.7 11.7 66.0 57.7 7.5 14.7 76.2 11.3 34.3 88.6 23.4 35.6 93.1 25.2 36.6 98.8 27.2 33.5 105.0 20.
Expenditure grew at an average annual rate of 10.2 per cent between 2005/06 and 2008/09, mainly due to increased allocations for the Investing in Culture subprogramme.
Growth over the medium term is expected to slow to an average annual rate of 3.6 per cent due to a projected decline of 12.9 per cent in expenditure on the Cultural Development subprogramme in 2011/12.
Spending in the Cultural Development and International Cooperation programme relates mainly to transfer payments, the largest being to households as part of the poverty alleviation strategy under the Investing in Culture subprogramme. The increase in expenditure in travel and subsistence in 2007/08 is because crafters exhibited at more international fairs in that year. The increased allocation to households in 2006/07 was for taking artists and cultural practitioners to Germany for the closing ceremony of the 2006 FIFA World Cup.
Expenditure on the National Film and Video Foundation increased from R24.6 million in 2005/06 to R37.9 million in 2008/09, at an average annual rate of 15.5 per cent. Growth is expected to be more moderate over the medium term, increasing at an average annual rate of 5 per cent.
Cost containment measures over the medium term have been identified in this programme, totalling R7 million in transfers and subsidies and R2.6 million in goods and services.
Heritage Institutions ensures that the money that heritage institutions receive is used to fulfil the department's mandate to preserve, protect and promote heritage. Institutions' business plans and annual reports are reviewed and adjusted to align with the department's core mandate. The funds are mainly transferred to the selected heritage institutions that have been declared cultural institutions in terms of the Cultural Institutions Act (1998) and which support the department's mandate.
South African Heritage Resources Agency transfers funds to the South African Heritage Resources Agency, whose key strategic objectives are developing and implementing norms and standards for managing heritage resources, including auditing heritage resources and developing management plans.
Promotion of Heritage mainly funds a range of heritage initiatives and projects, like Heritage Month and the repatriation of South African cultural and heritage objects, that complement the department's strategic objectives for a particular financial year.
South African Geographical Names Council funds the South African Geographical Names Council, whose core mandate is to facilitate name changes, including through consulting with communities and advising the Minister of Arts and Culture. The council is an advisory body established in terms of the South African Geographical Names Council Act (1998). The executive functions of the council are performed by the department in terms of the Public Service Act (1994), hence its budget is managed and accounted for by the department.
Capital Works focuses mainly on the provision and administration of capital grants for constructing and maintaining heritage infrastructure. Funds are awarded based on entities' business plans.
developing the required new legislation by March 2010 establishing a maritime archaeology unit at the South African Heritage Resources Agency by March 2010.
Ensure the efficient use of resources and eliminate the duplication of mandates by amending heritage legislation, such as the South African Geographic Names Council Act (1998), the National Heritage Council Act (1999) and the National Heritage Resources Act (1999), by the end of 2009.
Preserve intangible cultural heritage by developing 2 inventories by March 2010, 1 to document intangible cultural heritage in danger of extinction and the other a representative list of the entire intangible heritage within the borders of South Africa.
Enable the South African Heritage Resources Agency to manage the national heritage estate by completing the national heritage resources inventory and establishing the South African heritage resources information systems as specified by the National Heritage Resources Act (1999) by March 2010.
Ensure the standardisation of geographical names by completing the national framework within which the standardisation of geographical names can take place in local authorities by September 2009.
Draft legislation amending heritage laws to ensure the efficient use of resources and eliminate the duplication of mandates among public entities was published for public comment in 2008.
The department organised and hosted Heritage Month. The theme for 2008 was Celebrating our Dance, our Heritage.
The department hosted provincial hearings on geographical name changes in Eastern Cape and Mpumalanga in 2008. Since the inception of the South African Geographical Names Council in 2000, 830 geographical names have been changed.
In November 2008, the department completed the national heritage skills audit and strategy, which will be rolled out in 2009/10.
Key activities over the MTEF period include: conducting a series of reviews and compiling reports to determine the contribution of heritage to economic development, improving the department's understanding of the sector, and informing the future allocation of project funding.
Heritage Institutions 275.1 359.9 331.1 481.6 528.9 479.4 364.
South African Heritage Resources Agency 24.3 30.8 29.3 31.4 33.3 35.0 37.
Promotion of Heritage 47.2 36.8 57.5 43.5 45.0 48.6 55.
South African Geographical Names Council 4.5 4.8 1.3 5.2 5.6 7.0 7.
Capital Works 185.8 200.5 240.8 350.6 601.4 423.8 455.
Total 536.9 632.7 659.9 912.4 1 214.2 993.8 920.
Change to 2008 Budget estimate 26.5 218.3 157.5 36.
Current payments Compensation of employees Goods and services of which: Advertising Communication Computer services Consultants and professional services: Business and advisory services Inventory: Materials and supplies Travel and subsistence Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Households Payments for capital assets Machinery and equipment 16.3 29.3 28.7 23.8 24.3 25.6 27.3 6.5 9.8 0.2 1.0 0.6 1.7 - 5.0 0.0 0.6 - 7.7 21.6 0.7 0.9 - 15.1 0.0 3.9 0.1 0.2 0.0 9.8 18.9 0.9 0.5 - 1.7 0.5 5.9 8.3 0.6 0.0 11.1 12.7 0.6 0.4 - 1.2 0.3 4.0 5.6 0.4 - 11.7 12.6 0.6 0.4 - 1.2 0.3 4.0 5.6 0.4 - 12.4 13.2 0.6 0.4 - 1.2 0.4 4.2 5.8 0.4 - 13.2 14.1 0.6 0.4 - 1.3 0.4 4.4 6.2 0.
Current 284.0 283.7 321.0 374.0 367.6 387.2 409.
Die Afrikaanse Taalmuseum: Paarl 1.9 2.7 2.9 3.2 3.4 3.6 3.
Freedom Park Trust: Pretoria 38.0 45.0 47.7 50.0 51.0 53.8 58.
Iziko Museums of Cape Town 34.2 38.3 40.9 44.6 47.5 50.0 53.
Khoi-San Project - 1.
Luthuli Museum 3.8 4.4 4.7 5.4 5.8 6.1 6.
Natal Museum: Pietermaritzburg 7.5 9.7 10.4 11.4 12.7 13.3 14.
National Heritage Council 17.4 26.7 36.7 46.2 48.4 50.9 51.
National Museum: Bloemfontein 15.9 18.4 19.6 21.5 22.9 24.1 25.
Nelson Mandela Museum: Mthatha 8.0 12.2 13.0 14.0 14.7 15.4 16.
Robben Island Museum: Cape Town 63.0 31.0 52.0 69.1 49.0 51.0 54.
The National English Literary Museum: Grahamstown 3.9 4.8 5.3 5.8 6.3 6.6 7.
Transformation of Heritage Institutions 15.1 - - 3.
Voortrekker Museum: Pietermaritzburg 6.0 7.0 7.5 8.2 8.7 9.1 9.
War Museum of the Boer Republics: Bloemfontein 3.8 4.7 5.1 5.6 5.9 6.2 6.
William Humphreys Art Gallery: Kimberley 2.6 3.4 3.7 4.1 4.4 4.6 4.
Northern Flagship Institution 34.2 38.5 41.1 45.0 48.0 50.5 53.
Capital 205.6 312.1 281.2 494.6 801.4 557.8 455.
Freedom Park Trust: Pretoria 19.8 111.6 40.5 144.0 200.0 134.
Current 30.5 7.3 28.5 19.5 20.3 22.6 28.
Promotion of Heritage 30.5 7.3 28.5 19.5 20.3 22.6 28.
Expenditure on the Heritage Promotion programme increased at an average annual rate of 19.3 per cent between 2005/06 and 2008/09, mainly due to an increase in capital transfers for upgrading public entities. Expenditure of R15 million on consultants in 2006/07 was for hosting commemorations, of which the 1956 women's march and the 1976 Soweto uprising were the most important.
Spending is expected to be slower over the medium term. The reduced growth is mainly because the allocations for the completion of the Freedom Park come to an end in 2010/11, and there is a once-off additional allocation for the Capital Works subprogramme in 2009/10.
Transfer payments comprise, on average, 97 per cent of the programme's total expenditure over the medium term. The transfer to the South African Geographical Names Council is expected to grow at an average annual rate of 12.5 per cent over this period, due to additional allocations for accelerating the process of standardising place names as part of the special social cohesion campaign.
9.1 per cent from R350.6 million in 2008/09 to R455.6 million in 2011/12 to provide for all capital projects coordinated by the department.
Cost containment measures over the medium term have been identified in this programme, totalling R30 million in transfers and subsidies and R1.4 million in goods and services.
The Freedom Park is a national government project executed via the Freedom Park Trust. The objective of the Freedom Park is to establish visible cultural structures that celebrate and commemorate diverse and important South African events, spanning pre-history, colonisation and the struggle for democracy, and ending with a vision for the future. The park will be declared a cultural institution in terms of the Cultural Institutions Act (1998) from April 2009. On completion, the Freedom Park will be a national monument and museum. It has three elements: a garden of remembrance; commemorative spaces; and //hapo, which includes information resources and hospitality facilities and will tell the history of Southern Africa spanning 3.6 billion years. //hapo will be completed in 2009/10.
The Freedom Park is currently under construction, with some elements completed in the phased construction programme. Construction of parking, the restaurant, the curio shop, the administration building and the exhibition hall will start in April 2009 and is scheduled to be completed and open to the public by June 2010. The park opened its completed elements (Isivivane, Mveledzo, Sikhumbuto, Moshate and Uitspanplek) in July 2007.
The trust will conduct an advertising campaign to increase the number of visitors to the park and its use for corporate events. The campaign is part of a new funding strategy to make the trust mainly self-sufficient in the next five years.
Non-tax revenue 6.8 9.3 7.3 10.2 19.5 24.4 24.
Sale of goods and services other than capital - - - 6.0 17.7 23.5 23.
Sales by market establishments - - - 6.0 17.7 23.5 23.
Other non-tax revenue 6.8 9.3 7.3 4.2 1.8 1.0 0.
Transfers received 46.1 55.5 51.8 67.6 72.2 73.6 104.
Total revenue 53.0 64.8 59.0 77.8 91.7 98.1 128.
Current expense 44.0 57.5 50.1 77.7 91.7 98.1 128.
Compensation of employees 16.7 16.6 19.1 29.4 40.3 44.4 47.
Goods and services 22.7 36.5 26.9 30.6 30.2 33.8 34.
Depreciation 4.5 4.3 4.1 17.6 21.2 19.9 46.
Interest, dividends and rent on land 0.1 0.
Total expenses 44.0 57.5 50.1 77.7 91.7 98.1 128.
Surplus / (Deficit) 8.9 7.3 8.9 0.
Funding for the Freedom Park consists of an annual grant for operational expenditure of R51 million in 2009/10, R53.8 million in 2010/11 and R58.4 million in 2011/12. The trust will put in place revenue generating mechanisms in 2009/10, starting with entrance fees and fees for hiring premises for events.
Revenue between 2005/06 and 2008/09 grew at an annual average rate of 13.7 per cent. Over the medium term, total revenue is projected to grow at an average annual rate of 18 per cent. Increased efforts to generate revenue from ticket sales are evident in the projected 57.4 per cent average annual increase in sales over this period. Other non-tax revenue decreases at an average annual rate of 45 per cent over the medium term due to a decrease in income from investments as a result of the increased use of cash and cash equivalents.
Spending on compensation of employees grew at an average annual rate of 21 per cent between 2005/06 and 2008/09. It grows more slowly over the medium term, at an average annual rate of 17.7 per cent, due to an initial expansion of the trust's human resource capacity.
National Archives of South Africa provides for acquiring and managing public and non-public records with enduring value. It also funds the Bureau of Heraldry. Funds will mainly be used for transfer payments to provincial education departments for the community library services conditional grant. The distribution of the grant is based on an impact assessment study, which identified community library needs and priorities in each of the provinces.
National Library Service transfers funds to libraries and institutions to provide information services, and develops related policy.
approving all filing plans and disposal authorities submitted monitoring the implementation of guidelines or circulars issued each year.
responding faster to Promotion of Access to Information Act (2000) issues upgrading the web enabled reference search on the national automated archival information retrieval system by March 2009.
Promote social cohesion by reconfiguring heraldic representations of all rural municipalities to reflect national identity by March 2010.
Ensure equitable funding of libraries by developing a funding model for community libraries by December 2009.
increasing the number of staff and books (including those in indigenous languages) by 25 per cent in libraries where staff and stock are limited building or establishing 25 per cent more libraries where there are none or too few.
The Department of Arts and Culture has provided ongoing archival support for New Partnership for Africa's Development projects, such as the Timbuktu manuscripts project and the African archives agenda.
In 2007/08, the community library service grant resulted in the upgrading of 36 libraries and the construction of 2 new libraries. R35 million was also spent on purchasing library materials. The expansion of community library services will remain the primary focus of this programme over the medium term.
The Department of Arts and Culture and the Presidency hosted the national order awards ceremony in December 2008: 29 people were honoured.
The department hosted the eighth meeting of the International Advisory Committee for the United Nations Educational, Scientific and Cultural Organisation Memory of the World programme in June 2007. The main purpose of the meeting, which takes place every two years, was to review the programme's progress and make recommendations to the director-general about awarding the UNESCO/Jikji Memory of the World prize and the inscription of documentary heritage on the Memory of the World register. The Memory of the World programme facilitates the sharing of the most appropriate documentary heritage preservation techniques (archiving) and promotes universal access to and world wide awareness of all significant documentary heritage.
National Archives of South Africa 30.3 38.9 205.3 402.7 504.6 562.3 597.
National Library Service 39.3 44.1 63.5 65.9 69.6 73.9 78.
Total 69.6 83.0 268.8 468.6 574.2 636.2 675.
Change to 2008 Budget estimate 8.3 (1.3) (2.5) (1.
Current payments Compensation of employees Goods and services of which: Advertising Assets less than R5 000 Communication Computer services Consultants and professional services: Business and advisory services Inventory: Materials and supplies Inventory: Stationery and printing Travel and subsistence Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Households Payments for capital assets Machinery and equipment 29.2 36.3 38.5 53.6 58.6 62.6 67.9 15.2 14.0 0.3 0.2 1.1 1.8 5.1 0.0 0.9 3.2 0.1 1.0 0.0 18.2 18.0 0.6 0.4 1.0 - 9.5 0.0 0.4 5.3 0.1 0.5 0.0 20.0 18.4 0.8 0.6 1.0 - 2.3 4.5 0.3 5.2 1.8 1.7 0.1 29.0 24.7 1.1 0.8 1.3 - 3.1 6.0 0.4 6.9 2.4 2.2 - 31.5 27.1 1.2 0.9 1.5 - 3.4 6.6 0.4 7.6 2.7 2.4 - 33.0 29.6 1.3 1.0 1.6 - 3.7 7.2 0.4 8.3 2.9 2.7 - 35.2 32.7 1.4 1.1 1.8 - 4.1 7.9 0.5 9.2 3.2 3.
Provinces and municipalities Provinces Provincial revenue funds Current Community library services grant Departmental agencies and accounts Departmental agencies (non-business entities) Current National Library of South Africa - - 163.2 344.6 440.6 494.0 523.
South African Blind Workers Organisation 2.1 3.3 3.4 4.7 4.8 5.1 5.
South African Library for the Blind 6.7 7.5 13.9 10.6 11.2 11.8 12.
National Library of South Africa: Community Libraries Households Other transfers to households Current Financial assistance projects - - - - 12.0 12.7 13.5 0.1 2.4 3.1 3.7 4.7 4.9 5.2 0.1 2.4 3.1 3.7 4.7 4.9 5.
Transfers and subsidies dominate expenditure in this programme, taking up almost 90 per cent of the total budget. Expenditure increased rapidly between 2005/06 and 2008/09, at an average annual rate of 88.8 per cent, mainly due to the introduction of the community library services conditional grant in 2007/08.
Programme expenditure is projected to grow by 13 per cent over the medium term mainly as a result of the continued expansion of the grant, which also accounts for the 15 per cent expected growth in transfers to provinces over this period. Funding of R38.2 million over the medium term for the community library project on the budget of the National Library is to provide cataloguing and procurement services to provinces. The key spending focuses over the medium term are to expand the conditional grant to improve access to library services in poor communities and to ensure that the three specialised libraries consolidate and maintain their services.
Expenditure of R9.5 million on consultants in 2006/07 was mainly for the background research for the community library services conditional grant.
Transfers to households increases from R100 000 in 2005/06 to R5.2 million in 2011/12, mainly for support to participants in the United Nations Educational, Scientific and Cultural Organisation Memory of the World programme and exhibitions related to the Timbuktu manuscripts project.
Cost containment measures over the medium term have been identified in this programme, totalling R8.9 million in goods and services and R2 million in transfers and subsidies.
R million 2007/08 2007/08 2008/09 2008/09 1. Administration 104.9 104.7 129.6 119.7 2.4 122.1 121.6 2. Arts and Culture in Society 278.2 278.2 252.7 333.8 6.7 340.5 339.2 3. National Language Service 94.6 94.6 87.0 102.1 0.7 102.8 102.4 4. Cultural Development and International 204.8 204.8 187.8 215.3 (1.3) 214.0 213.
Heritage Promotion 630.1 630.1 659.9 885.9 26.5 912.4 904.0 6. National Archives, Records, Libraries and 295.5 295.5 268.8 460.3 8.3 468.6 445.
Total 1 608.0 1 607.8 1 585.8 2 117.1 43.2 2 160.3 2 126.
Current payments Compensation of employees Goods and services Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Households Payments for capital assets Machinery and equipment 256.2 256.0 288.7 286.4 6.2 292.6 284.6 118.2 138.0 - 118.2 137.7 - 107.2 181.2 0.4 132.8 153.6 - 6.2 - - 139.0 153.6 - 131.0 153.
Compensation (R million) 81.4 95.1 107.2 139.0 146.3 154.8 164.
Unit cost (R million) 0.2 0.2 0.2 0.3 0.3 0.3 0.
Compensation of interns (R million) 1.
Unit cost (R million) 0.
Compensation (R million) 82.5 95.1 107.2 139.0 146.3 154.8 164.
Compensation of employees (R million) 82.5 95.1 107.2 139.0 147.2 156.3 165.5 Training expenditure (R million) 0.8 2.4 3.1 2.0 2.1 2.3 2.4 Training as percentage of compensation 1.0% 2.6% 2.9% 1.
Community library services grant - - 163.2 344.6 440.6 494.0 523.
Total - - 163.2 344.6 440.6 494.0 523.6 1.
National Library of SAPretoria Campus: Construction of newbuilding Library Long term and increased accessto resources and nationaldocumentary heritage Complete 363.2 116.8 137.4 94.5 14.
National Archives: Additionalaccommodation Archives Long term and increased accessto resources Planning - 0.0 1.6 33.5 0.0 0.1 0.1 0.
Establishment of TheFreedom Park Heritageinstitution Nation building Construction 649.9 19.8 111.6 40.5 144.0 200.0 134.
Construction of NelsonMandela Museum Heritageinstitution Complete 10.5 9.7 0.
Repair of mainbreakwater walls atRobben IslandMuseum Heritageinstitution Complete 1.8 1.6 0.
Extension of main andsecondary break waterwalls at Robben IslandMuseum Heritageinstitution Complete 5.0 4.8 0.
Iziko Museum: NationalMutual Building Heritageinstitution Construction 116.7 4.9 11.1 49.8 20.9 30.
Upgrading, repair andmaintenance in variousheritage Institutions Heritageinstitutions Ongoing - 48.1 46.6 58.7 307.5 362.1 549.9 619.
Total 1 147.1 205.6 309.5 276.9 486.9 592.3 684.0 620.
<fn>GOV-ZA.4278314healthEn.2012-02-10.en.txt</fn>
Administration 236.6 230.8 0.3 5.5 260.1 280.
Strategic Health Programmes 4 692.3 407.6 4 269.3 15.4 5 587.2 5 980.
Health Planning and Monitoring 357.1 96.2 258.2 2.8 382.9 398.
Health Human Resources Management and Development 1 786.2 25.7 1 759.8 0.7 1 894.2 2 007.
Health Services 9 898.9 91.5 9 804.3 3.1 11 388.9 12 081.
International Relations, Health Trade and Health Product 87.0 86.1 - 0.9 100.8 113.
Total expenditure estimates 17 058.1 937.9 16 091.8 28.3 19 614.0 20 862.
Website address www.doh.gov.
The aim of the Department of Health is to promote the health of all people in South Africa through an accessible, caring and high quality health system based on the primary health care approach.
Purpose: Provide overall management of the department and centralised support services.
Purpose: Coordinate, manage and fund strategic national health programmes, including developing policies, systems and norms and standards.
Purpose: Plan and coordinate human resources for health.
Purpose: Support health services in provinces, including hospitals, emergency medical services and occupational health.
Purpose: Coordinate bilateral and multilateral international health relations, including donor support, regulated procurement of medicines and pharmaceutical supplies, and regulation and oversight of trade in health products.
The Department of Health provides overall leadership and coordination for health services in South Africa. It functions in terms of the National Health Act (2003) and other relevant legislation.
Over the past year, several important sectoral reviews have been conducted and a number of policy making processes have been initiated. The outcomes of the 52nd conference of the African National Congress at Polokwane in December 2008 have given renewed emphasis to health sector priorities, a new health minister has been appointed and a national health insurance working group established. Reviews have been conducted by the Presidency culminating in the Towards a Fifteen Year Review: Synthesis Report, an extensive health sector review has been coordinated by the Development Bank of South Africa, and the Department of Health has commissioned an external evaluation of development and performance in the health sector between 1994 and 2008.
Areas of recent progress include filling 37 059 posts in the health service over the past three years. HIV and AIDS programmes are accelerating, with over 200 000 new patients starting treatment over the past 12 months. Primary care services have been strengthened. At 90 per cent, immunisation coverage is high and measles control has improved to such an extent that it might actually have been eliminated. The majority of pregnant women attend antenatal clinics and deliver their babies in health facilities. Malaria cases and deaths have been reduced through improved control programmes. The number of cases of serious malnutrition has declined. Anti-tobacco policies, an important aspect of chronic disease prevention, have been pursued with vigour. Infrastructural improvement is ongoing through the hospital revitalisation programme. Medicine prices have been noticeably reduced.
Despite these successes, critical challenges have been identified. The rate of mortality in young adults has deteriorated, driven especially by the HIV and AIDS epidemic and tuberculosis. HIV and AIDS prevalence has levelled off at high rates and prevention programmes need to be accelerated. High rates of immune suppression have been associated with an escalation of tuberculosis and the emergence of the multi-drug resistant and extensively drug resistant strains. Despite high levels of antenatal clinic coverage, maternal and child health outcomes such as infant and child mortality rates are sub-optimal. Swifter progress in meeting the health components of the millennium development goals, with a particular focus on infants and children under five years, is required. Despite the recent progress in filling posts, there are still shortages of health personnel because of the burden of disease. The quality of health services is sometimes not optimal. Aspects of the functioning of the inter-governmental health system are not functioning optimally and require improvements in the areas of management, performance monitoring and accountability.
Various measures are being introduced to address these challenges. Three new child vaccines are being introduced to reduce cases of diarrhoea and pneumonia, which are significant causes of child morbidity. In relation to HIV and AIDS, particular attention needs to be given to the improved implementation of the new dual therapy programme for the prevention of mother-to-child transmission, to ensure that every mother is screened and managed appropriately to prevent HIV infections in babies. New quality assurance systems are being put in place, including the national office of standards compliance to monitor both the quality of care and compliance with norms and standards for health facilities. Doctors, dentists, pharmacists and emergency medical personnel will receive improved remuneration. The new South African Health Products Regulatory Authority is being established. Mechanisms to address inequities in health sector financing, such as mandatory health insurance, are being researched. The national department's oversight capacity over provincial health services will be strengthened and methods to improve coordination and address weaknesses of fiscal federalism (such as the differential implementation of priorities across provinces) are being designed.
The health reform strategy aims to improve the performance, efficiency and value for money of the health system. The provision of human resources will continue to be strengthened. A national primary health care audit will be undertaken. Implementation of programmes to combat both communicable and non-communicable diseases will be strengthened. The health reform strategy will be nationally driven and have an initial focus on 18 priority districts, but will be extended to other districts over time. All the Department of Health's 6 budget programmes and 32 subprogrammes will be expected to implement interventions to facilitate the implementation of the reform process. Quality improvements will be targeted through developing and implementing health facility improvement plans and strengthening management skills, capacity and accountability.
Table 14.
Percentage of national immunisation coverage Strategic Health Programmes 82% 84% 86.
Tuberculosis cure rate Strategic Health Programmes 50.8% 57.
Tuberculosis treatment defaulter rate Strategic Health Programmes 10.3% 10.
Percentage of extensively drug resistant extensively drug resistant cases among all multi-drug resistant tuberculosis patients Strategic Health Programmes - 5% 4.
Rate of malaria case fatality Strategic Health Programmes 0.8% 0.8% 0.8% 0.5% 0.4% 0.4% 0.
R million 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 1. Administration 163.2 175.6 213.6 246.7 246.7 236.6 260.1 280.9 2. Strategic Health Programmes 1 915.3 2 658.8 3 096.3 4 189.9 4 169.9 4 692.3 5 587.2 5 980.5 3. Health Planning and Monitoring 259.9 301.3 309.1 334.1 321.1 357.1 382.9 398.2 4. Health Human Resources Management 1 531.2 1 576.0 1 613.6 1 712.8 1 707.8 1 786.2 1 894.2 2 007.
Health Services 6 024.7 6 566.7 7 465.8 9 287.3 9 025.3 9 898.9 11 388.9 12 081.7 6. International Relations, Health Trade 43.0 59.7 64.3 80.3 80.3 87.0 100.8 113.
Total 9 937.1 11 338.0 12 762.7 15 851.2 15 551.2 17 058.1 19 614.0 20 862.
Change to 2008 Budget estimate 750.3 450.3 439.1 699.5 816.
Current payments 600.3 658.6 729.0 943.7 915.7 937.9 1 027.1 1 082.
Compensation of employees 209.1 231.7 258.6 287.7 287.7 299.9 323.0 342.
Goods and services 390.4 423.3 470.3 656.0 628.0 638.0 704.1 740.
Administrative fees 0.3 0.2 0.2 2.5 2.5 2.5 2.9 3.
Advertising 92.5 45.4 30.6 113.9 113.9 96.7 103.8 108.
Assets less than R5 000 2.9 3.3 2.7 10.8 10.8 11.1 12.8 13.
Audit costs: External 5.0 6.3 6.1 8.8 8.8 9.2 10.2 11.
Bursaries (employees) 0.9 0.5 0.5 0.8 0.8 0.8 0.9 0.
Catering: Departmental activities 0.1 3.4 2.8 5.5 5.5 5.4 6.3 6.
Communication 14.9 15.8 14.1 14.9 14.9 15.5 17.4 18.
Computer services 13.8 2.9 12.4 8.7 8.7 9.2 10.3 11.
Consultants and professional services: 28.0 21.4 118.2 43.9 29.9 40.7 46.0 46.
Consultants and professional services: 5.1 1.2 1.0 0.2 0.2 0.2 0.2 0.
Consultants and professional services: 4.8 3.6 5.8 9.9 9.9 10.4 11.5 12.
Contractors 4.1 10.4 4.8 13.9 13.9 13.8 15.3 16.
Agency and support / outsourced services - - - 10.8 10.8 11.1 12.4 12.
Entertainment 2.9 0.1 0.2 1.1 1.1 1.1 1.3 1.
Inventory: Fuel, oil and gas 0.0 0.0 0.0 0.5 0.5 0.5 0.5 0.
Inventory: Materials and supplies 0.9 0.5 0.8 0.6 0.6 0.6 0.7 0.
Inventory: Medical supplies 72.1 133.8 81.0 140.2 140.2 134.5 143.7 150.
Inventory: Other consumables 0.3 0.5 0.4 4.3 4.3 4.3 4.8 4.
Inventory: Stationery and printing 12.3 18.9 17.0 33.2 33.2 33.4 37.0 38.
Lease payments 35.2 36.3 42.3 48.5 48.5 50.6 56.3 61.
Owned and leasehold property 0.7 1.4 0.
Transport provided: Departmental activities 0.1 0.2 0.
Travel and subsistence 62.9 72.5 89.9 110.6 110.6 113.3 128.1 134.
Training and development 4.0 4.9 3.2 5.0 5.0 5.3 5.8 6.
Operating expenditure 17.0 26.3 20.0 48.5 34.5 49.1 55.3 59.
Venues and facilities 9.6 13.5 15.3 19.0 19.0 18.7 20.5 21.
Financial transactions in assets and 0.8 3.5 0.
Transfers and subsidies 9 307.6 10 610.2 12 011.7 14 859.5 14 587.5 16 091.8 18 556.2 19 747.
Provinces and municipalities 8 908.0 10 206.7 11 552.7 14 362.8 14 090.8 15 578.4 18 012.8 19 171.
Departmental agencies and accounts 249.9 282.7 301.9 312.9 312.9 329.6 348.6 369.
Universities and technikons 4.0 - 0.4 1.0 1.0 1.0 1.1 1.
Foreign governments and international 1.
Non-profit institutions 143.4 120.1 156.0 182.5 182.5 182.9 193.8 205.
Households 1.4 0.7 0.7 0.3 0.
Payments for capital assets 29.1 69.3 22.0 47.9 47.9 28.3 30.7 33.
Buildings and other fixed structures 6.2 0.
Machinery and equipment 13.8 24.1 21.7 47.9 47.9 28.3 30.7 33.
Software and other intangible assets 9.1 44.9 0.
establishing the new South African Health Products Regulatory Authority (R7 million, R14.
establishing an office of standards compliance, including an ombudsman and complaints function (R5 million, R7.
conducting a primary health care facilities audit (R5 million, R10 million and R4 million).
Additions to the national tertiary services grant and the hospital revitalisation grant are to address higher than anticipated cost increases.
Departmental spending has grown at an average annual rate of 16.8 per cent, from R9.9 billion in 2005/06 to R15.9 billion in 2008/09. The budget grows by 7.6 per cent in 2009/10 to R17.1 billion and by an average annual rate of 9.6 per cent over the MTEF period to reach R20.9 billion by 2011/12. This amounts to real growth of R5.3 billion over six years. Between 2005/06 and 2011/12 the major areas of growth are in the HIV and AIDS and STIs subprogramme (in the Strategic Health Programmes programme), which has grown by R2.7 billion in real terms and the Hospitals and Health Facilities Management subprogramme (in the Health Services programme and which contains the hospital revitalisation grant), which has grown by R2.8 billion in real terms.
Savings amounting to R122.6 million have been identified over the MTEF period. These include specifically savings of R38.2 million (2009/10), R42.9 million (2010/11) and R41.5 million (2011/12) that have been identified particularly in areas of historical under-expenditure such as in goods and services and transfers and subsidies.
Most infrastructure spending occurs through the hospital revitalisation grant, which supports the construction of new hospitals and the upgrading of existing hospitals in provinces. This grant has increased from R1.1 billion in 2005/06 to R4.2 billion by 2011/12.
In 2007/08, a total of 20 business cases for hospital revitalisation were prepared by provincial departments of health and approved by the national Department of Health. All business cases for tertiary hospitals are approved by both the modernisation of tertiary services and hospital revitalisation teams to ensure alignment between the two processes. Hospital business cases also had to be consistent with the provincial service transformation plans. During the reporting period, 33 hospitals were under construction and 11 were in the planning phase, as part of the hospital revitalisation project. Three hospitals were nearing completion: Dilokong and Nkhensani in Limpopo, and Barkley West in Northern Cape.
In 2008/09, the Department of Health received 15 business cases from provinces. Provincial departments were assisted to review these business cases. In 2008/09, the national department received and is evaluating business cases for, among others, five tertiary hospitals: New Nelspruit, New Limpopo Academic, King Edward VIII, Kimberly and Rustenburg hospitals. The aim is that, once fully revitalised, the five hospitals will provide tertiary 1 services, and serve as provincial referral hospitals. Hospital revitalisation projects are shown in the additional tables.
The largest source of departmental revenue is from fees for the registration of medicines by the Medicines Control Council. The process of reforming and establishing the council as a juristic person has not yet been finalised, which is why its revenue is included in the Department of Health's revenue projection over the MTEF period.
Minister1 0.8 0.9 1.0 1.0 1.7 1.8 1.
Deputy Minister1 0.7 0.7 0.3 0.8 1.4 1.5 1.
Management 14.4 16.4 19.7 24.8 25.9 27.8 29.
Corporate Services 115.1 123.8 154.5 178.4 161.1 177.4 193.
Property Management 32.1 33.8 38.2 41.6 46.5 51.6 54.
Total 163.2 175.6 213.6 246.7 236.6 260.1 280.
Change to 2008 Budget estimate 31.0 9.0 15.4 21.8 1. From 2008/09, the current payments relating to the total remuneration package of political office bearers are shown, before this, only salary and car allowance are included. Administrative and other subprogramme expenditure may in addition include payments for capital assets as well as transfers and subsidies.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Audit costs: External Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Legal costs Contractors Agency and support / outsourced services Entertainment Inventory: Materials and supplies Inventory: Other consumables Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Transport provided: Departmental activities Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities 152.0 171.3 206.2 220.3 230.8 253.0 272.9 61.5 90.4 0.2 4.9 1.2 4.8 0.7 - 9.2 2.3 2.1 4.4 1.1 - 0.6 0.6 0.1 4.2 33.6 0.0 0.1 16.9 0.7 1.5 1.1 0.0 67.9 103.4 0.1 8.7 0.9 5.8 0.5 1.4 9.8 2.4 2.8 3.6 1.8 - 0.0 0.3 0.3 6.6 34.2 1.0 0.1 18.5 0.7 1.7 2.0 0.1 75.6 130.6 0.1 11.3 0.7 5.4 0.5 1.0 9.4 8.0 6.8 5.8 1.5 - 0.1 0.6 0.2 5.5 39.2 0.2 0.0 29.1 0.9 2.0 2.3 0.0 84.3 136.0 0.4 5.9 3.0 8.1 0.8 1.2 9.5 6.0 3.9 9.6 0.7 1.3 0.4 0.3 0.7 5.7 43.0 - - 23.9 5.0 3.8 2.7 - 88.7 142.1 0.4 6.2 3.1 8.5 0.8 1.2 10.0 6.3 4.1 10.0 0.8 1.3 0.4 0.3 0.7 5.9 44.9 - - 25.0 5.3 4.0 2.8 - 95.5 157.5 0.4 6.8 3.4 9.4 0.9 1.4 11.1 7.0 4.5 11.1 0.9 1.5 0.5 0.3 0.8 6.5 49.8 - - 27.7 5.8 4.4 3.1 - 101.2 171.7 0.5 7.5 3.7 10.3 0.9 1.5 12.1 7.6 5.0 12.1 0.9 1.6 0.5 0.3 0.9 7.1 54.3 - - 30.2 6.4 4.8 3.
Transfers and subsidies 0.6 0.4 0.4 0.3 0.3 0.3 0.
Provinces and municipalities 0.2 0.
Departmental agencies and accounts 0.2 0.2 0.3 0.3 0.3 0.3 0.
Households 0.2 0.1 0.
Payments for capital assets 10.6 3.9 7.0 26.1 5.5 6.8 7.
Machinery and equipment 2.9 2.7 7.0 26.1 5.5 6.8 7.
Software and other intangible assets 1.5 0.9 0.
Expenditure in the Administration programme increased by an average annual 14.8 per cent between 2005/06 and 2008/09 and is set to grow by an average annual 4.4 per cent over the MTEF period. Increases are mainly due to more spending in goods and services. The 15.7 per cent average annual increase in 2008/09 in the Corporate Services subprogramme is due to the R21.8 million rollover for upgrading and commissioning the Civitas building.
Maternal, Child and Women's Health and Nutrition formulates and monitors policies, guidelines, and norms and standards for maternal, child and youth, and women's health and nutrition.
HIV and AIDS and STIs develops policy and administers the national HIV and AIDS and sexually transmitted infections programmes, including coordinating the implementation of the comprehensive HIV and AIDS plan and the related conditional grant. The programme also manages strategic partnerships and provides secretariat support to the South African National AIDS Council.
Communicable Diseases is responsible for developing policies and supporting provinces to ensure the control of infectious diseases. It is also responsible for several occupational health functions, and cooperates with the Medical Bureau for Occupational Diseases and the Compensation Commission for Occupational Diseases.
Non-Communicable Diseases establishes guidelines on chronic diseases, disability, older people, oral health and mental health. It is also responsible for developing a national forensic pathology service, rationalising blood transfusion services, and overseeing the National Health Laboratory Service, including the National Institute of Communicable Diseases and the National Centre for Occupational Diseases.
TB Control and Management develops interventions to curb the spread of tuberculosis, supports and oversees the implementation of the tuberculosis crisis management plan, and monitors and improves national tuberculosis performance indicators.
improving immunisation coverage from 84 per cent in 2006/07 to 90 per cent in 2011/12 implementing dual therapy to prevent mother to child transmission of HIV, increasing the number of pregnant women who are tested for HIV from 80 per cent in 2009/10 to 95 per cent in 2010/11, and increasing the percentage of HIV positive mothers and their infants who receive dual therapy from 80 per cent in 2009/10 to 95 per cent in 2011/12 ensuring that all districts achieve more than 90 per cent full immunisation coverage by 2010/11 ensuring that primary health care staff are trained to implement the Reach Every District strategy.
Reduce maternal mortality by ensuring that 100 per cent of institutions implement recommendations from the Saving Mothers Saving Babies report by March 2012. (The recommendations include: making clinical protocols widely available, improving information available to mothers, staffing and equipping to appropriate normative levels, and improving anaesthetic, blood and contraceptive availability.
Reduce HIV prevalence among antenatal attendees from 28 per cent in 2007 to 15 per cent in 2011 (as per the target of the national strategic plan for HIV and AIDS for 2007 to 2011) by scaling up prevention programmes.
Increase the national tuberculosis cure rate from 60 per cent in 2008 to 70 per cent in 2010 by improving interventions for tuberculosis control and management.
maintaining zero stock out levels of drugs annually on the essential drugs list, TB drugs and ARV medicines ensuring that 100 per cent of applications that meet requirements are licensed to dispense medicines in terms of section 22C of the Medicines and Related Substances Act (1965).
Ensure compliance with relevant legislation by inspecting 30 per cent of licensed prescribers per year.
screening patients for alcohol abuse at 100 per cent of primary health care facilities introducing the mandatory labelling of alcohol beverages with health messages.
Voluntary counselling and testing, and prevention of mother to child transmission services were provided in more than 95 per cent of health facilities.
1.9 million female condoms being distributed. However, only 169 million male condoms were distributed by September 2008 against the 2008/09 target of 450 million male condoms, as a batch of defective condoms had to be recalled during the year.
By the end of November 2008, 630 775 patients had been initiated on antiretroviral therapy, of which 574 496 were adults, and 56 279 children. The 2007 antenatal care survey reflected a 1 per cent reduction in HIV prevalence between 2006 and 2007, and a 2 per cent reduction between 2005 and 2007. 259 operational high transmission sites had been established by September 2008, exceeding the 2008/09 target of 253 sites.
Strategies to improve HIV prevention will be implemented to achieve the target of 50 per cent reduction in new HIV infections by 2011. A new dual therapy policy for the prevention of mother to child transmission was introduced in February 2008. In 2009/10, the implementation of this policy will be accelerated to further reduce the proportion of infants born HIV positive.
The tuberculosis cure rate of 60 per cent has increased from 57.7 per cent in 2006/07. Tuberculosis tracer teams are being appointed and placed in districts across South Africa to help reduce the defaulter rate, resulting in a decrease in the defaulter rate from 10.4 per cent in 2006/07 to 7.9 per cent in September 2008. Most tuberculosis patients who presented to the health facilities in 2008 were tested for HIV. Provincial health workers are continuously being trained on tuberculosis control. One of the challenges is the lack of reliable data on community prevalence of tuberculosis and multi-drug resistant and extensively drug resistant strains. A national prevalence survey of tuberculosis will be conducted in 2009/10.
A 36 per cent reduction in the number of malaria cases was observed in the first half of 2008, compared to 2007. 553 malaria cases were reported during this period, compared to 886 in 2007/08. Furthermore, 3 malaria deaths were reported by September 2008, compared to 13 by September 2007/08, which reflects a 66 per cent decrease. This was consistent with the 2008/09 target of a 10 per cent reduction in malaria cases and deaths annually. The department continues to collaborate with neighbouring countries on malaria control. A trans-Limpopo malaria initiative meeting was held in Zimbabwe in August 2008 to draft a proposal for malaria control across the two countries.
National immunisation coverage of 86 per cent was achieved in 2008/09, against a target of 90 per cent. Three new vaccines will be progressively implemented in 2009/10, with the aim of reducing child mortality. The new vaccines target the most common forms of pneumonia (pneumococcal) and diarrhoea (rotavirus).
The department will also implement key initiatives to reduce morbidity and mortality, as outlined in the national strategic plan for maternal, neonatal, child and women's health and nutrition for South Africa 2008 to 2013. The initial focus of this strategy will be on 18 of the most deprived districts countrywide.
Maternal, Child and Women's Health and Nutrition 16.4 19.3 20.0 25.0 26.5 28.1 29.
HIV and Aids and STIs 1 511.8 1 953.3 2 385.1 3 410.8 3 962.2 4 820.7 5 174.
Communicable Diseases 4.6 5.8 5.3 8.4 60.9 12.4 14.
Non-Communicable Diseases 373.5 669.2 676.7 732.8 620.7 693.8 735.
TB Control and Management 8.9 11.2 9.2 12.9 21.9 32.1 26.
Total 1 915.3 2 658.8 3 096.3 4 189.9 4 692.3 5 587.2 5 980.
Change to 2008 Budget estimate 476.9 229.1 311.9 390.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Laboratory service Contractors Agency and support / outsourced services Entertainment Inventory: Fuel, oil and gas Inventory: Medical supplies Inventory: Other consumables Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities 286.4 291.7 300.5 434.5 407.6 435.9 457.6 51.9 233.9 0.0 81.2 0.7 - 3.1 8.5 16.7 3.8 1.9 - 1.0 - 71.9 0.2 3.4 0.4 0.7 18.1 2.2 13.9 6.0 0.5 55.9 235.7 0.0 30.1 0.6 1.0 3.1 0.0 6.8 0.5 6.5 - 0.0 - 133.5 0.2 6.6 0.4 0.5 21.3 1.2 16.8 6.4 0.2 63.2 237.3 0.0 11.2 0.7 0.7 2.0 1.4 93.1 0.1 2.8 - 0.0 0.0 80.8 0.1 6.0 0.4 0.5 24.8 0.8 2.6 9.0 - 68.9 365.6 0.7 100.4 1.6 1.5 1.4 0.5 10.3 0.1 9.1 4.6 0.2 0.5 140.1 2.6 17.1 2.0 - 35.4 - 26.2 11.0 - 70.6 337.0 0.7 82.7 1.5 1.4 1.3 0.5 9.9 0.1 8.7 4.4 0.2 0.4 134.4 2.5 16.4 1.9 - 34.0 - 25.1 10.5 - 76.1 359.8 0.7 87.9 1.6 1.5 1.4 0.5 10.6 0.1 9.3 4.7 0.2 0.5 143.6 2.7 17.6 2.1 - 36.3 - 26.9 11.2 - 80.5 377.1 0.7 92.1 1.7 1.6 1.5 0.6 11.1 0.1 9.8 4.9 0.2 0.5 150.6 2.8 18.4 2.2 - 38.1 - 28.2 11.
Transfers and subsidies 1 613.5 2 350.3 2 783.7 3 740.8 4 269.3 5 135.0 5 505.
Payments for capital assets 15.4 16.8 12.1 14.7 15.4 16.3 17.
Provinces and municipalities Provinces Provincial revenue funds Current Comprehensive HIV and Aids grant Forensic pathology services grant Disaster management: Cholera Capital Forensic pathology services grant Departmental agencies and accounts Departmental agencies (non-business entities) Current Human Sciences Research Council National Health Laboratory Services Universities and technikons Current Medical University of Southern Africa University of Cape Town Non-profit institutions Current Council for the Blind 1 422.0 1 942.7 2 259.5 3 287.0 4 017.8 4 868.7 5 223.3 1 150.1 271.9 - 1 616.2 326.5 - 2 006.2 253.2 - 2 885.4 401.6 - 3 476.2 491.7 50.0 4 311.8 557.0 - 4 633.0 590.
HIV and AIDS: Non-governmental organisations 49.6 52.3 53.6 60.1 61.4 65.1 69.
Life Line 13.0 14.0 15.0 11.0 11.6 12.2 13.0 loveLife 37.0 35.0 40.0 76.0 73.0 77.4 82.
Soul City 12.0 11.1 17.0 14.0 16.0 17.0 18.
South African Aids Vaccine Initiative 10.0 - 23.0 12.0 11.0 11.7 12.
Tuberculosis: Non-governmental organisations 3.0 3.1 2.9 3.5 3.7 3.9 4.
The average annual growth over the MTEF period of 12.6 per cent is mainly due to the strong growth in the HIV and AIDS and STIs subprogramme, which has grown from R1.5 billion in 2005/06 to R4.6 billion in 2011/12. For the 2009 Budget, particular attention has gone to rolling out treatment coverage and implementing the improved dual therapy prevention of mother to child transmission programme. Increases in the TB Control and Management subprogramme are for conducting a national prevalence survey. The 621.2 per cent average annual increase in the Communicable Diseases subprogramme in 2009/10 is for the new health disaster response (cholera) grant, which has been introduced to contain the cholera outbreak in Limpopo. The forensic pathology grant makes up the largest part of the Non-Communicable Diseases subprogramme.
The National Health Laboratory Service is the largest diagnostic pathology service in South Africa, with a network of approximately 268 pathology laboratories employing over 6 500 people, serving mainly the public sector. The entity was established in 2001 in terms of the National Health Laboratory Service Act (2000) to form a single national public health laboratory service, incorporating the previous South African Institute for Medical Research and various national and provincial laboratories.
Research conducted by the service covers a wide range of activities across all pathology disciplines. Laboratory services provided include microbiology, virology, chemical pathology, haematology, parasitology and immunology. It is also responsible for undergraduate and postgraduate pathology training in the medical curricula of eight universities.
The National Institute of Communicable Diseases was established in January 2002, replacing the previous National Institute for Virology, and microbiology, parasitology and entomology laboratories from the former South African Institute of Medical Research, to create a comprehensive public health communicable diseases institution.
The National Institute for Occupational Health supports the development and provision of occupational health services in South Africa.
The National Cancer Registry provides epidemiological information for cancer surveillance and assists in building national awareness of cancer.
The National Health Laboratory Service has demonstrated the ability to increase service delivery and provide diagnostic services, teaching and research opportunities for South Africa. The increase in demand for its services will require innovation, the adoption of improved test methods and investments in technology to ensure that the organisation delivers on its mandate and is not constrained by the current shortage of skills.
In October 2006, the service incorporated the laboratories in KwaZulu-Natal, the last of the provinces to be incorporated in terms of the act. The effect of this incorporation was that the operations, assets and liabilities of the laboratories in KwaZulu-Natal were transferred to the service. This inclusion of 53 laboratories added a further 17 per cent to service capacity, increasing the provision of services managed by 35 per cent during 2006/07.
Key areas of focus include providing cost effective and efficient health laboratory services, supporting health research, and providing health science education. Achievements in these areas include: the National Health Laboratory Service price list being on average 46 per cent lower than the national reference price list; the appointment of 182 scientists and 32 additional intern medical scientists; and the signing of an umbrella agreement with 9 medical universities and universities of technology to prepare for the conclusion of the bilateral agreements.
A new laboratory information system is currently being implemented in KwaZulu-Natal at an approximate cost of R200 million. If all criteria are met, the system will be rolled out to all National Health Laboratory Service laboratories over the MTEF period. The spending focus over the MTEF period will be primarily on laboratory consumables, laboratory equipment, building renovations and labour costs.
A major challenge remains attracting and retaining skilled and experienced professionals, such as pathologists, technologists and IT professionals.
Non-tax revenue 1 351.3 1 788.0 2 275.9 2 544.8 2 755.7 2 775.9 2 970.
Sale of goods and services other than capital 1 323.5 1 745.6 2 232.3 2 438.8 2 625.5 2 631.9 2 816.
Sales by market establishments 1 323.5 1 745.6 2 232.3 2 438.8 2 625.5 2 631.9 2 816.
Other non-tax revenue 27.8 42.4 43.6 106.0 130.1 144.0 154.
Transfers received 74.3 93.3 104.9 70.6 71.8 75.9 80.
Total revenue 1 425.6 1 881.3 2 380.9 2 615.4 2 827.5 2 851.8 3 050.
Current expense 1 253.7 1 696.7 2 134.0 2 370.4 2 623.0 2 717.8 2 911.
Compensation of employees 298.1 337.9 350.5 390.8 451.6 496.7 531.
Goods and services 937.9 1 327.6 1 737.9 1 947.8 2 134.2 2 177.7 2 329.
Depreciation 15.7 30.5 44.9 31.1 36.4 42.5 50.
Interest, dividends and rent on land 2.0 0.7 0.7 0.7 0.8 0.8 0.
Transfers and subsidies 1.5 1.4 1.7 1.8 2.3 2.5 2.
Total expenses 1 255.2 1 698.0 2 135.7 2 372.2 2 625.3 2 720.3 2 914.
Surplus / (Deficit) 170.4 183.2 245.2 243.2 202.2 131.5 136.
Carrying value of assets 225.0 356.3 433.8 472.9 703.8 882.3 1 013.8 of which: Acquisition of assets 56.6 165.4 126.5 75.5 273.0 227.0 188.
Inventory 18.9 29.6 51.7 81.7 78.7 78.7 78.
Receivables and prepayments 324.5 586.8 856.6 956.6 956.6 956.6 956.
Cash and cash equivalents 288.5 296.9 256.2 406.5 469.0 514.9 562.
Total assets 857.0 1 269.7 1 598.2 1 917.7 2 208.1 2 432.5 2 611.
Accumulated surplus/deficit 152.6 339.6 589.6 887.9 1 131.2 1 306.8 1 489.
Capital and reserves 147.0 181.8 178.0 174.2 170.3 166.5 162.
Post-retirement benefits 256.3 346.1 356.9 356.9 376.9 401.8 376.
Trade and other payables 228.9 330.0 399.2 424.2 434.2 444.2 454.
Liabilities not classified elsewhere 72.1 72.1 74.4 74.5 95.4 113.1 127.
Total equity and liabilities 857.0 1 269.7 1 598.2 1 917.7 2 208.1 2 432.5 2 611.
Total revenue grew from R1.4 billion in 2005/06 to R2.
22.3 per cent. Total revenue over the MTEF period increases from R2.6 billion in 2008/09 to R3 billion in 2011/12, at an average annual rate of 5.4 per cent. Over the MTEF period, the National Health Laboratory Service receives an annual transfer of approximately R76 million from the national Department of Health. Most revenue, however, is derived from pathology services to provinces at an average of R2.7 billion annually over the medium term.
The largest expenditure item is goods and services, which increased from R938 million in 2005/06 to R1.9 billion in 2008/09 at an average annual rate of 27. 4 per cent, due to the steep increase in test volumes associated with HIV and AIDS and tuberculosis. Compensation of employees is expected to increase from R390.8 million in 2008/09 to R531.5 million at an average annual rate of 10.8 per cent in 2011/12.
Due to the historically limited accessibility to health services in the rural areas and the increasing health burden posed by HIV and tuberculosis, it is anticipated that the demand for laboratory services will continue to grow. To meet the demand, the National Health Laboratory Service will adopt new technology platforms, automating many of the processes and investigating new assays to improve on current diagnostic methods.
In an environment of scarce skills, the National Health Laboratory Service is continuously exploring new systems and improved technologies to deal with increased demand, while ensuring better turnaround times and improved quality. Significant investments have been made for improving specimen collection and expediting patient results to clinicians.
Health Information, Research and Evaluation develops and maintains a national health information system, and commissions and coordinates research. It provides disease surveillance and epidemiological analyses and technical and epidemiological leadership during disease outbreaks; conducts training on epidemic prone disease prevention, preparedness and control; and monitors and evaluates health programmes. It provides funding to the Medical Research Council and oversees its activities.
Financial Planning and Health Economics undertakes health economics research and develops policy for medical schemes, social health insurance and public private partnerships. It oversees and provides funding to the Council for Medical Schemes.
Pharmaceutical Policy and Planning monitors the procurement and supply of drugs, and ensures that there are no stock-outs of essential drugs, especially paediatric, tuberculosis and antiretroviral medicines in accredited sites.
Office of Standards Compliance deals with quality assurance, licensing and the certificates of need required in terms of the National Health Act (2003). It also regulates and conducts inspections for radiation control.
Improve information on population health and heath services by completing data analysis and publication of the 2008 South African health and demographic survey.
Monitor HIV and syphilis prevalence by conducting the 2009 and 2010 national HIV survey and the syphilis survey in 2010.
developing and refining quality standards for the health sector and monitoring compliance with these in health facilities annually strengthening the office of standards compliance and appointing an ombudsman to address complaints about health services by March 2010.
Improve effectiveness and equity in health financing by developing policy proposals and the legislative framework to facilitate the creation of national health insurance by 2011/12.
A national health facility improvement plan has been developed for each of the 27 hospitals, based on the results of appraisals conducted by health teams from June to August 2008, and coordinated by the new national office of standards compliance. Individual hospital performance was measured against an improved set of national core standards, structured around the seven areas of: patient safety; clinical care; governance and management; patient experience of care; access to care; infrastructure and environment; and public health. These areas cover the essential requirements of a quality assurance programme for health facilities.
Progress is already evident in all 27 hospitals, with management teams developing and implementing measures to resolve areas of inadequate performance identified by the audits. The process of supportive facilitation at national, provincial and local levels was started in July 2008 and initially covered 19 hospitals. By the end of September 2008, improvement plans had been developed for 25 hospitals, and support extended to them. The methods employed are aimed at assisting facilities to focus on achieving results to address specific problems as they arise, thereby building their capacity to improve quality in the long term.
Interventions are planned to strengthen the quality of care in 2009/10. The office of standards compliance is being established in terms of the National Health Act (2003) and an ombudsman will be created to investigate and resolve complaints lodged in terms of this legislation.
Data comprehensiveness and reliability have improved steadily. Health information is being used across all provinces for developing and managing various health plans and monitoring their implementation. However, the use of information varies across the 52 districts.
Key challenges faced by the health system include inadequate infrastructure and personnel for strengthening health information systems at the primary health care level. A national audit of primary health care facilities will be conducted in 2009/10, with a view to generating comprehensive and reliable information about primary health care services and infrastructure. The audit will be used to inform future developments of primary health care services.
The department also initiated discussions with the Department of Home Affairs aimed at streamlining birth and death information systems.
The department is researching the development of mandatory insurance systems, such as the national health insurance. The department is proposing that the national health insurance be funded from two sources of revenue, namely general tax revenue and an earmarked mandatory contribution. In keeping with Cabinet advice received in July and August 2008, the next steps in the development of the national health insurance will include developing costed options. Consensus will be sought with key stakeholders on matters relating to the basic benefits package (essential health care package), the structure of the National Health Fund and the role of private funders and providers.
The 2009 national health reference price list was published in the Government Gazette in October 2008, and stakeholders were given one month to respond. Comments will be assessed and incorporated into the preparation of the final schedule.
Health Information Research and Evaluation 210.8 233.4 251.4 260.8 277.5 293.6 311.
Financial Planning and Health Economics 12.7 27.6 16.0 27.4 30.5 34.8 27.
Pharmaceutical Policy and Planning 12.4 11.9 14.4 15.7 14.6 15.6 16.
Office of Standards Compliance 23.9 28.4 27.3 30.3 34.5 38.9 43.
Total 259.9 301.3 309.1 334.1 357.1 382.9 398.
Change to 2008 Budget estimate 7.6 13.7 18.6 12.
Current payments 56.3 68.7 78.3 89.1 96.2 106.7 105.
Compensation of employees 33.4 38.5 43.2 52.0 52.3 56.2 59.
Goods and services 22.9 30.2 35.0 37.1 43.9 50.5 46.
Advertising 1.2 1.3 1.3 1.4 1.6 1.7 1.
Assets less than R5 000 0.1 0.6 0.5 1.5 1.8 2.0 1.
Catering: Departmental activities - 0.2 0.2 0.4 0.5 0.6 0.
Communication 0.6 0.8 0.8 1.1 1.3 1.5 1.
Computer services 2.9 0.4 2.8 1.2 1.4 1.7 1.
Consultants and professional services: Business and advisory 5.5 8.7 13.0 4.7 5.5 6.4 5.
Contractors 0.3 1.6 0.1 0.1 0.1 0.2 0.
Agency and support / outsourced services - - - 1.9 2.3 2.6 2.
Inventory: Stationery and printing 1.9 3.4 2.5 4.4 5.2 5.9 5.
Lease payments 0.3 0.3 0.3 0.5 0.6 0.7 0.
Travel and subsistence 8.9 10.2 10.2 16.1 19.0 21.8 19.
Training and development 0.3 1.3 0.
Operating expenditure 0.2 0.9 1.2 1.6 1.9 2.2 2.
Venues and facilities 0.3 0.4 1.1 1.7 2.0 2.4 2.
Transfers and subsidies 201.8 230.0 229.6 242.3 258.2 273.1 289.
Departmental agencies and accounts 184.4 227.5 226.9 239.7 255.4 270.1 286.
Non-profit institutions 17.2 2.4 2.5 2.6 2.8 2.9 3.
Payments for capital assets 1.7 2.6 1.2 2.8 2.8 3.1 3.
Machinery and equipment 1.6 2.6 1.2 2.8 2.8 3.1 3.
Software and other intangible assets 0.1 0.0 0.
Departmental agencies and accounts Departmental agencies (non-business entities) Current Council for Medical Schemes Medical Research Council National Health Laboratory Services (cancer register) Non-profit institutions Current Health Systems Trust 184.4 227.5 226.9 239.7 255.4 270.1 286.1 4.8 179.3 0.3 15.0 212.1 0.3 3.3 223.3 0.4 6.2 233.1 0.4 3.9 251.1 0.4 4.1 265.6 0.4 4.3 281.3 0.4 17.2 2.4 2.5 2.6 2.8 2.9 3.1 17.2 2.4 2.5 2.6 2.8 2.9 3.
The programme grows at an average annual rate of 6 per cent over the MTEF period from R334.1 million in 2008/09 to R398.2 million in 2011/12. The average annual increase of 12.6 per cent over the medium term for the Office of Standards Compliance subprogramme is to set up the new office and establish a national programme of auditing health institutions for compliance with quality standards. Increases in the Financial Planning and Health Economics subprogramme are for conducting research into mandatory insurance systems.
The mandate of the South African Medical Research Council is legislated in terms of the South African Medical Research Council Act (1991). The objectives of the council are to promote the improvement of the health and the quality of life of the population of South Africa through research, development and technology transfer, and to carry out other functions that may be assigned to the council in terms of the act.
The eight corporate support directorates and 45 research units are implementing the strategic plan for 2005- 2010 by operationalising the strategic plan's nine objectives, outlined in the business plan for 2009 to 2011. For each strategic objective, the business plan details the actions, key performance indicators, targets and budgets for each strategic objective. These are: a research strategy and business plan, a financial model strategy and plan, opportunity and risk management, capacity development, transformation and development, innovation management and technology transfer, informatics and knowledge management, translating research, and stakeholder management.
In March 2008, the Medical Research Council compiled a technical report on dual therapy for the prevention of mother to child transmission of HIV. The report was used to develop a new treatment protocol which could potentially save an additional 40 000 babies from being born HIV positive each year. The first clinical trial of an HIV vaccine developed in South Africa is set to start in the United States of America and South Africa in early 2009.
The council received R400 million from the Centres for Disease Control and Prevention from the United States for operational research on HIV and tuberculosis from 2008 to 2013, the largest grant ever awarded to the Medical Research Council.
The council completed the second youth risk behaviour survey and the third global youth tobacco survey in late 2008. The youth risk behaviour survey is a vital tool to measure the behavioural change in sexual practices and key risks related to HIV infection.
The Medical Research Council's priorities over the medium term include: increasing the council's budget; reducing the salary gap between council employees and the private sector; recruiting and retaining senior black African scientists; improving the morale and motivation of unit directors through flexible remuneration and other measures; and implementing the council's research strategy by consolidating the three national collaborative research programmes, covering cancer and heart disease, African traditional medicines, and drug discovery.
Non-tax revenue 194.8 279.1 291.9 290.7 288.9 298.9 308.
Sale of goods and services other than capital 176.5 239.3 264.3 270.0 275.0 285.0 295.
Sales by market establishments 176.5 239.3 264.3 270.0 275.0 285.0 295.
Other non-tax revenue 18.2 39.8 27.6 20.7 13.9 13.9 13.
Transfers received 150.9 175.7 221.3 233.1 251.1 265.6 281.
Total revenue 345.7 454.8 513.2 523.8 540.0 564.5 590.
Current expense 356.3 424.8 484.7 507.9 537.8 564.2 591.
Compensation of employees 174.7 205.3 213.5 227.5 255.9 272.5 290.
Goods and services 171.5 208.1 259.1 270.7 272.2 281.9 291.
Depreciation 9.4 9.7 12.0 9.7 9.7 9.7 9.
Interest, dividends and rent on land 0.6 1.7 0.1 - 0.0 0.0 0.
Total expenses 356.3 424.8 484.7 507.9 537.8 564.2 591.
Surplus / (Deficit) (10.6) 30.1 28.5 15.9 2.2 0.3 (1.
Carrying value of assets 85.8 89.9 89.6 93.8 98.7 103.5 108.4 of which: Acquisition of assets 19.9 16.6 11.5 13.5 13.6 13.6 13.
Investments 32.0 2.6 2.7 2.7 2.8 2.8 2.
Inventory 0.4 0.4 0.4 0.4 0.4 0.4 0.
Receivables and prepayments 37.7 49.5 41.2 43.0 45.0 45.0 45.
Cash and cash equivalents 272.4 301.7 333.7 327.9 321.3 317.4 311.
Total assets 428.4 444.2 467.5 467.8 468.2 469.2 468.
Accumulated surplus/deficit 42.1 62.3 90.9 106.8 109.0 109.3 108.
Capital and reserves - 1.4 1.
Borrowings 0.0 0.
Post-retirement benefits 45.2 22.3 3.9 4.0 4.2 4.4 4.
Trade and other payables 53.6 53.1 64.6 60.0 60.0 60.0 60.
Provisions 9.9 12.2 17.8 16.0 14.0 14.5 14.
Managed funds 1.4 0.9 1.0 1.0 1.0 1.0 1.
Liabilities not classified elsewhere 276.2 291.9 287.9 280.0 280.0 280.0 280.
Total equity and liabilities 428.4 444.2 467.5 467.8 468.2 469.2 468.
Revenue over the MTEF period is projected to be R1.7 billion, of which R798.1 million is a transfer from the Department of Health. Total revenue increases at an average annual rate of 4 per cent over the MTEF period. An additional R35 million was received from other government institutions to conduct research on their behalf in 2008/09. The main expenditure item is compensation of employees, which constitutes 50 per cent total expenditure in 2011/12.
The largest expenditure on a single project area is on HIV vaccine and prevention, where R112.5 million is expected to be spent in 2008/09, increasing to R127.1 million in 2011/12, representing an average annual increase of 4.2 per cent over the medium term. Other major project areas that receive funding include tuberculosis epidemiology (R35.5 million in 2008/09) and diabetes (R21.9 million in 2008/09).
Human Resources Policy, Research and Planning is responsible for medium to long term human resources planning in the national health system. Its functions include implementing the national human resources for health plan, facilitating capacity development for sustainable heath workforce planning, and developing and implementing information systems for planning and monitoring purposes.
Sector Labour Relations and Planning provides the resources and expertise for bargaining in the national Public Health and Social Development Sectoral Bargaining Council.
Human Resources Development and Management is responsible for developing human resources policies, and norms and standards, and for the efficient management of the employees of the national Department of Health.
providing support to human resource planning in provinces by assisting provinces to produce human resource plans. Presently, human resource plans have been developed for 5 provinces. The remaining 4 provinces will be supported to develop in 2009/10, and the existing plan will be refined and updated developing and implementing human resources information systems in all 9 provinces and 15 districts by 2009/10.
Improve the remuneration framework for doctors, dentists, pharmacists and emergency medical services personnel by finalising the implementation of the occupation specific dispensation for medical doctors and related categories in time for the matter to enter the Public Service Coordinating Bargaining Council in early 2009.
The implementation of the occupation specific dispensation for nurses continued in 2008. The key priority for 2009/10 is the implementation of the next phase of the dispensation for doctors, dentists, pharmacists and emergency medical services personnel.
The department introduced new categories of mid-level workers. Mid-level workers such as pharmacy assistants and physiotherapy assistants are categorised as sub-professionals, able to provide a limited set of services, thus allowing the professional to focus on more complex tasks. In January 2008, 23 students were enrolled at the Walter Sisulu University for the clinical associates programme. The new emergency care technical qualification was also approved by the South African Qualification Authority. 4 565 professionals from 10 health professions started their internship and community service in January 2007. In January 2008, the department introduced the two-year medical internship policy to improve medical training.
In 2008, 115 Cuban doctors, who are still serving health facilities in terms of government-to-government agreements, received a three-year extension of their treaty permits and Health Professions Council of South Africa registration. 36 Tunisian doctors were also appointed and deployed to five provinces.
The department aims to improve its electronic information system on human resources. Planned activities for 2009/10 include: the development of strategic human resources reports; the tracking of training related information; and I-recruitment, which entails placing advertisements on the department's website in addition to the conventional print media.
Human Resources Policy, Research and Planning 4.5 3.3 3.9 9.3 9.1 7.9 8.
Sector Labour Relations and Planning 0.9 1.9 2.0 4.4 5.1 5.4 5.
Human Resources Development and Management 1 525.8 1 570.7 1 607.7 1 699.1 1 772.1 1 880.8 1 993.
Total 1 531.2 1 576.0 1 613.6 1 712.8 1 786.2 1 894.2 2 007.
Change to 2008 Budget estimate (1.4) (0.3) (0.9) (0.
Current payments Compensation of employees Goods and services of which: Advertising Assets less than R5 000 Catering: Departmental activities Consultants and professional services: Business and advisory services Inventory: Stationery and printing Travel and subsistence Training and development Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Households Payments for capital assets Machinery and equipment Software and other intangible assets 10.8 13.5 17.2 32.9 25.7 28.2 29.9 5.8 5.0 0.1 0.1 - 0.9 0.5 2.1 0.2 0.4 - 8.9 4.6 0.2 0.3 0.2 0.8 0.5 1.6 0.3 0.1 0.0 11.9 5.3 0.2 0.1 0.2 0.2 1.4 2.0 0.2 0.2 0.0 11.5 21.4 1.0 0.7 0.5 10.6 1.1 4.8 - 1.1 - 14.3 11.4 0.5 0.4 0.3 5.6 0.6 2.6 - 0.6 - 15.4 12.9 0.6 0.4 0.3 6.3 0.7 2.9 - 0.7 - 16.3 13.6 0.6 0.5 0.3 6.7 0.7 3.1 - 0.
Current Health professions training and development grant 1 520.2 1 520.2 1 596.2 1 679.1 1 759.8 1 865.4 1 977.3 1 520.2 1 520.2 1 596.2 1 679.1 1 759.8 1 865.4 1 977.
The programme grows at an average annual rate of 5.4 per cent over the MTEF period. The increase in this programme is relatively low, partly because the health professions training and development conditional grant is targeted for reform and a new grant to support health science clinical training was initiated under the Department of Education in 2008/09.
District Health Services promotes and coordinates the district health system and monitors primary healthcare and activities related to the integrated sustainable rural development programme and the urban renewal programme. It also deals with policy and monitoring for health promotion and environmental health.
Environmental Health Promotion and Nutrition provides technical support and monitors the delivery of municipal health services by local government, provides port health services, and supports poison information centres.
Occupational Health promotes occupational health and safety in public health institutions, and ensures the training of occupational health practitioners in risk assessment.
Hospital and Health Facilities Management deals with national policy on hospital and emergency medical services. It is also responsible for the conditional grant for the revitalisation of hospitals.
Guide the next steps in primary health care development by auditing primary health care services and infrastructure in all 9 provinces by March 2009. (The national primary health care audit did not take place in 2008 as donor funding did not materialise, and is now funded in the 2009 Budget).
Improve district health services monitoring by using the district health information system and other monitoring tools for the delivery of primary health care in all provinces.
Strengthen emergency medical services in time for the 2010 FIFA World Cup by implementing the national emergency medical services information system, the emergency care regulations, and disaster management plans in all provinces.
Access to primary health care services increased from 101.6 million people in 2006/07 to 101.8 million in 2007/08. A national primary health care supervision rate of 70 per cent was attained in 2007/08. Although lower than the 2007/08 target of 100 per cent, it reflected a significant improvement from the 48 per cent reported in 2006/07.
A functional referral system was established in 100 per cent of districts. Planning processes at district level were also strengthened, with 90 per cent of health districts having produced district health plans in line with national guidelines.
Formal partnerships were established between 17 health districts and non-profit organisations. According to the Health and Welfare Sector Education and Training Authority, about 50 per cent of non-profit organisation care workers were provided with accredited training.
Key challenges included delays in conducting the primary health care service and infrastructure audit due to funding constraints. The audit remains a key priority for 2009/10. Governance and community participation in health service delivery also proved to be a challenge in 2007/08 and 2008/09. Only 30 per cent of the primary health care facilities conducted 1 documented committee meeting every second month, which was lower than the 40 per cent achieved in 2006/07. The full service package was only provided by 70 per cent of the subdistricts in 2007/08, against the target of 95 per cent. To counter these challenges, certain measures have been included in the department's strategy for the next planning cycle.
Significant progress has been achieved in strengthening emergency medical services. A comprehensive fiveyear emergency medical service plan has been produced and emergency centre regulations and the disaster management policy are nearing completion. These guidelines will be particularly useful during the 2010 FIFA World Cup.
In 2007/08, the department initiated 36 food garden projects in Eastern Cape, KwaZulu-Natal and Western Cape to contribute to improved nutrition and food security. 1 800 schools were awarded health promoting schools' status, and all of these developed educational anti-tobacco and policy programmes.
District Health Services 8.0 9.0 7.9 18.4 27.6 35.4 30.
Environmental Health Promotion and Nutrition 15.0 18.2 18.7 19.8 19.0 20.0 22.
Occupational Health 26.2 20.3 24.9 29.6 30.5 32.5 34.
Hospitals and Health Facilities Management 5 975.5 6 519.2 7 414.4 9 219.5 9 821.7 11 301.1 11 995.
Total 6 024.7 6 566.7 7 465.8 9 287.3 9 898.9 11 388.9 12 081.
Change to 2008 Budget estimate 234.9 182.8 341.3 371.
Current payments Compensation of employees Goods and services of which: Advertising Assets less than R5 000 Audit costs: External Catering: Departmental activities Communication Consultants and professional services: Business and advisory services Consultants and professional services: Laboratory service Contractors Agency and support / outsourced services Entertainment Inventory: Other consumables Inventory: Stationery and printing Lease payments Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities 52.8 55.0 63.2 87.3 91.5 103.3 103.2 28.6 24.0 4.9 0.5 0.3 - 1.5 2.6 1.3 0.1 - 0.7 0.0 1.3 0.2 7.6 0.4 0.9 1.4 0.2 29.9 21.8 4.7 0.4 0.5 0.3 1.4 1.9 0.7 0.2 - 0.0 0.0 0.7 0.2 7.3 1.0 1.2 1.0 3.2 32.2 30.9 6.4 0.3 0.7 0.3 1.3 4.9 0.9 0.2 - 0.0 0.0 0.7 0.2 8.3 0.3 3.9 2.0 0.0 37.4 49.9 4.3 1.4 0.6 0.7 1.5 14.0 - 2.4 2.7 0.1 0.8 2.5 0.4 11.7 - 3.9 2.1 - 37.7 53.8 4.6 1.5 0.7 0.8 1.6 15.1 - 2.5 3.0 0.1 0.9 2.7 0.4 12.6 - 4.3 2.3 - 40.6 62.7 5.4 1.7 0.8 0.9 1.9 17.5 - 3.0 3.5 0.1 1.0 3.2 0.5 14.7 - 5.0 2.7 - 43.0 60.2 5.1 1.6 0.7 0.9 1.8 16.8 - 2.8 3.3 0.1 1.0 3.0 0.5 14.1 - 4.8 2.
Departmental agencies and accounts 5.0 0.1 2.6 2.4 2.5 2.6 2.
Non-profit institutions 0.4 0.4 0.5 1.0 1.1 1.1 1.
Households Payments for capital assets Machinery and equipment Software and other intangible assets 0.5 0.3 0.0 0.
Current 4 859.7 4 981.1 5 321.2 6 134.1 6 614.4 7 398.0 7 798.
Hospital management and quality improvement grant 150.
National tertiary services grant 4 709.4 4 981.1 5 321.2 6 134.1 6 614.4 7 398.0 7 798.
Capital 1 105.4 1 527.3 2 077.3 3 059.5 3 186.3 3 880.7 4 172.
Hospital revitalisation grant 1 105.4 1 527.3 2 077.3 3 059.5 3 186.3 3 880.7 4 172.
Current 5.0 - 2.6 2.4 2.5 2.6 2.
Compensation Commissioner 5.0 - 2.6 2.4 2.5 2.6 2.
Current 0.4 0.4 0.5 0.9 1.0 1.0 1.
Health promotion: Non-governmental organisation 0.4 0.4 0.5 0.9 1.0 1.0 1.
The budget grows from R9.3 billion in 2008/09 to R12.
9.2 per cent. The Hospitals and Health Facilities Management subprogramme comprises on average 57 per cent of the total budget and includes the national tertiary services and hospital revitalisation conditional grants. It reflects a real increase of 3.9 per cent over the medium term. The 50.2 per cent increase in the District Health Services subprogramme in 2009/10 is mainly to undertake a national survey of primary health care institutions.
Multilateral Relations develops and implements bilateral and multilateral agreements to strengthen the national health system, concludes agreements on the recruitment of health workers from other countries, and mobilises international resources to support the implementation of priority health programmes. It further provides technical capacity to South Africa in fields such as health technology management and surveillance systems.
Food Control and Non-Medical Health Product Regulation ensures food safety by developing and implementing food control policies, norms and standards, and regulations.
Pharmaceutical and Related Product Regulation and Management regulates trade in medicines and pharmaceutical products to ensure access to safe and affordable medicines.
Support the reconstruction of the health systems in the Democratic Republic of the Congo, Sudan, Zimbabwe and Burundi by developing agreements and implementation plans with these countries by March 2010.
Strengthen the South African health sector by coordinating the recruitment of health professionals from India, Uruguay, Cuba and Tunisia by March 2010.
Accelerate the registration and re-registration of medicines by completing the configuration of software for specialist processes by March 2010.
Improve patient safety and adherence by developing a pharmaco-vigilance plan for monitoring extremely drug resistant tuberculosis drugs by 2010. (This project is funded only in the 2009 Budget and was not implemented in 2008.
Improve regulation of medicines and health products by establishing the South African Health Products Regulatory Authority by March 2010. The regulatory authority will replace the Medicines Control Council and cover a broader range of products (veterinary, agricultural and medical equipment).
South Africa co-hosted the African Union continental workshop on maternal, neonatal and child mortality reviews in April 2008. In November 2008, the department also hosted the third session of the conference of the parties to the World Health Organisation framework on tobacco control convention. South Africa assumed the role of chair of the Southern Africa Development Community (SADC) health ministers in August 2008.
The department continued to provide support to the post-conflict reconstruction process in countries such as the Democratic Republic of the Congo. The department also developed cooperation agreements on health matters with Burundi and Sudan.
The Medicines Amendment Bill, aimed at establishing the new South African Health Products Regulatory Authority, was passed in 2008 and is currently awaiting the president's signature. The authority will be responsible for improving the efficiency of medicines regulatory processes. The Medicines Control Council currently relies heavily on external reviewers at universities and research institutions. This has resulted in inordinately long delays for the registration of medicines, depriving citizens of quicker access to new technologies and more affordable generic medicines. Complementary medicines are not well regulated, posing a serious risk to public health. The department intends to regulate medical devices, in vitro medical diagnostic products, food with medicinal claims, and African traditional medicines under the new authority. Toxicological matters related to animal medicine residues will also be addressed. In line with international best practice, a web based regulatory system for complementary medicines is being planned.
During 2009/10, additional funding will be used to migrate regulatory processes from the current paper based system to an electronic system. A pilot project funded by the European Union is currently under way, but software licences and training of personnel are not covered.
The department conducted a benchmarking exercise comparing prices of medicines and pharmaceutical products in South Africa with countries such as Australia, Canada, New Zealand and Spain, which have similar regulatory frameworks for medicines. The pricing committee's recommendations were gazetted in August 2008, allowing stakeholders 30 days to respond. The implementing of these recommendations has the potential to reduce medicine prices by 30 per cent, resulting in a net saving of about R3 billion, but the recommendations have not been well received by the pharmaceutical industry. A process to resolve these differences is under way.
Multilateral Relations 18.8 31.4 36.7 44.6 43.6 46.6 49.
Food Control and Non-medical Health Product Regulation 3.7 3.5 4.3 7.4 6.5 6.6 7.
Pharmaceutical and Related Product Regulation and 20.4 24.8 23.3 28.4 36.9 47.6 57.
Total 43.0 59.7 64.3 80.3 87.0 100.8 113.
Change to 2008 Budget estimate 1.4 4.7 13.1 21.
Current payments 42.1 58.4 63.8 79.6 86.1 100.0 112.
Compensation of employees 28.0 30.7 32.6 33.6 36.3 39.1 41.
Goods and services 14.2 27.6 31.2 46.0 49.8 60.9 71.
Administrative fees 0.0 0.0 0.0 1.0 1.0 1.3 1.
Advertising 0.1 0.3 0.3 1.0 1.1 1.3 1.
Assets less than R5 000 0.2 0.6 0.3 2.7 2.9 3.5 4.
Catering: Departmental activities 0.1 0.3 0.3 1.2 1.2 1.5 1.
Communication 0.5 0.5 0.4 1.0 1.1 1.4 1.
Computer services 0.2 - 0.0 0.5 0.6 0.7 0.
Consultants and professional services: Business and advisory 0.1 0.3 0.1 0.4 0.5 0.6 0.
Contractors 0.6 0.3 0.1 1.4 1.5 1.8 2.
Inventory: Stationery and printing 1.1 1.1 1.0 2.4 2.6 3.2 3.
Lease payments 0.5 1.0 2.0 2.3 2.5 3.1 3.
Travel and subsistence 9.2 13.5 15.5 18.7 20.2 24.7 28.
Operating expenditure 0.5 5.4 10.1 12.6 13.6 16.6 19.
Venues and facilities 0.2 3.7 0.7 0.4 0.4 0.5 0.
Financial transactions in assets and liabilities 0.0 0.
Transfers and subsidies 0.3 0.1 0.
Households 0.3 0.1 0.
Payments for capital assets 0.5 1.3 0.4 0.7 0.9 0.8 0.
Machinery and equipment 0.5 1.3 0.4 0.7 0.9 0.8 0.
Software and other intangible assets - - 0.
Expenditure for the programme is set to grow from R80.3 million in 2008/09 to R113.7 million in 2011/12, at an average annual rate of 12.3 per cent. The largest expenditure is in the Multilateral Relations subprogramme. However, this spending fluctuates because of its dependence on exchange rates. The bulk of the funds are used to pay membership fees to international agencies such as the World Health Organisation, and for the activities of health attachés, which accounts for 25 per cent of the expenditure for the subprogramme in 2008/09.
R million 2007/08 2007/08 2008/09 2008/09 1. Administration 210.3 210.2 213.6 215.6 31.0 246.7 246.7 2. Strategic Health Programmes 3 125.1 3 413.8 3 096.3 3 713.1 476.9 4 189.9 4 169.9 3. Health Planning and Monitoring 313.7 9 396.2 309.1 326.5 7.6 334.1 321.1 4. Health Human Resources Management 1 617.1 70.9 1 613.6 1 714.2 (1.4) 1 712.8 1 707.
Health Services 7 316.2 - 7 465.8 9 052.5 234.9 9 287.3 9 025.3 6. International Relations, Health Trade and 72.7 - 64.3 78.9 1.4 80.3 80.
Total 12 655.1 13 091.1 12 762.7 15 100.8 750.3 15 851.2 15 551.
Current payments Compensation of employees Goods and services Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Universities and technikons Non-profit institutions Households Payments for capital assets Buildings and other fixed structures Machinery and equipment Software and intangible assets 860.2 860.3 729.0 919.3 24.5 943.7 915.7 251.8 608.4 - 251.8 608.4 - 258.6 470.3 0.1 278.4 640.9 - 9.3 15.2 - 287.7 656.0 - 287.7 628.
Compensation (R million) 208.7 230.1 256.0 284.4 296.3 319.3 338.
Unit cost (R million) 0.2 0.2 0.2 0.2 0.2 0.2 0.
Compensation of interns (R million) 0.4 1.6 2.6 3.3 3.6 3.6 3.
Compensation (R million) 209.1 231.7 258.6 287.7 299.9 323.0 342.
Compensation of employees (R million) 209.1 231.7 258.6 287.7 299.9 323.0 342.2 Training expenditure (R million) 5.6 5.5 9.5 6.3 6.6 7.1 7.7 Training as percentage of compensation 2.7% 2.4% 3.7% 2.
Comprehensive HIV and AIDS grant 1 150.1 1 616.2 2 006.2 2 885.4 3 476.2 4 311.8 4 633.
Forensic pathology services grant 271.9 561.7 551.8 604.7 491.7 557.0 590.
Health disaster response (cholera) grant: - - - - 50.
Health professions training and development grant 1 520.2 1 520.2 1 596.2 1 679.1 1 759.8 1 865.4 1 977.
Total 8 907.3 10 206.5 11 552.7 14 362.8 15 578.4 18 012.8 19 171.8 1.
Projects signed in terms of Treasury Regulation 16 5.2 13.1 13.9 14.7 9.
PPP unitary charge1 5.2 13.1 13.9 14.7 9.
Total 5.2 13.1 13.9 14.7 9.7 1. Phavis fleet services public private partnership. Disclosure notes for this project can be viewed in the public private partnership table of the Department of Transport.
To deliver a fleet solution to the Department of Transport and user Departments.
Table 14.F Summary of donor fundingTable 14.F Summary of donor funding (continued)Table 14.F Summary of donor funding (continued)Table 14.F Summary of donor funding (continued)Table 14.F Summary of donor funding (continued)Table 14.F Summary of donor funding (continued)Table 14.F Summary of donor funding (continued)Table 14.F Summary of donor funding (continued)Table 14.F Summary of donor funding (continued)Table 14.F Summary of donor funding (continued)Table 14.G Summary of expenditure on infrastructureTable 14.G Summary of expenditure on infrastructure (continued)Table 14.
France Human resource management Health Human ResourcesManagement andDevelopment - Universities andtechnikons Funding of developmental workto be implemented by theuniversities of the Witwatersrandand KwaZulu-Natal.
EuropeanUnion Primary health care districthealth and development Health Services - Households Improved the delivery of primaryhealth care by strengtheningresearch and epidemiology skillsand the quality improvementprogramme, implementing adistrict hospital referral systemand increasing tuberculosis curerates by reducing tuberculosisdefaulter rates.
EuropeanUnion Primary health care districthealth and development Health Services - Machinery and equipment Implement cost centremanagement and provide ITcapacity in selected hospitals.
EuropeanUnion Hospital services Health Services - Goods and services Implement cost centremanagement and provide ITcapacity in selected hospitals.
Global Fundround six HIV and AIDS Strategic HealthProgrammes - Goods and services Address major gaps in thenational response to HIV andAIDS by expanding andstrengthening the role of nongovernmental organisations andfaith based organisations tosupport national response andstrengthen capacity.
EuropeanUnion Primary health care districthealth and development Health Services - Software and otherintangible assets Implemented cost centremanagement and provided ITcapacity in selected hospitals.
Global Fundround six HIV and AIDS Strategic HealthProgrammes - Non-profit institutions HIV and AIDS services bycommunities within nodal points. Increased number of nongovernmental organisations andcommunity based organisationswith quality gender sensitiveprogrammes.
Canada HIV and AIDS Strategic HealthProgrammes - Goods and services Improved capacity of nationaland provincial non-governmentalorganisation coordination units toincrease access to governmentfunding by non-governmentalorganisations. Increased accessto HIV and AIDS services bycommunities with nodal points. Increased number of nongovernmental organisations andcommunity based organisationswith quality gender sensitivity.
Canada HIV and AIDS Strategic HealthProgrammes - Machinery and equipment Improved capacity of nationaland provincial non-governmentalorganisation coordination units toincrease access to governmentfunding by non-governmentalorganisations. Increased accessto HIV and AIDS services bycommunities with nodal points.
Canada HIV and AIDS Strategic HealthProgrammes - Compensation of employees Improved capacity of nationaland provincial non-governmentalorganisation coordination units toincrease access to governmentfunding by non-governmentalorganisations. Increased accessto HIV and AIDS services bycommunities with nodal points.
CDC-Corporationfunds Maternal, child and women'shealth Strategic HealthProgrammes - Machinery and equipment Improved capacity of nationaland provincial non-governmentalorganisation coordination units toincrease access to governmentfunding by non-governmentalorganisations. Increased accessto HIV and AIDS services bycommunities with nodal points.
CDC-Corporationfunds Health information evaluationand research Health Planning andMonitoring - Compensation of employees Improved capacity of nationaland provincial non-governmentalorganisation coordination units toincrease access to governmentfunding by non-governmentalorganisations. Increased accessto HIV and AIDS services bycommunities with nodal points.
CDC-Corporationfunds Health information evaluationand research Health Planning andMonitoring - Goods and services Improved capacity of nationaland provincial non-governmentalorganisation coordination units toincrease access to governmentfunding by non-governmentalorganisations. Increased accessto HIV and AIDS services bycommunities with nodal points.
Ngwelezane - downscale to 859 beds - 1 114.8 45.9 44.7 50.0 62.8 109.2 116.0 148.
Madadeni - 620 bed revitalision - 1 096.4 - - - 5.0 6.5 30.0 65.
Other - - -- 10 577.9 - - - 2.0 55.6 362.3 531.
King George V - downscale to 960 beds - 874.6 132.7 129.0 260.0 133.3 151.0 77.1 10.
Psychiatric west end - upgrade to 310 beds - 843.1 30.0 98.8 150.0 167.4 37.
Kuruman - 422 beds - 818.0 - - - - 1.0 34.7 98.
Chris Hani - revitalise and downscale to 1500beds - 812.6 - 118.4 195.0 171.7 51.
Dora Nginza - 800 beds - 796.8 - - - - 1.
Zola - downscale to 250 beds - 773.3 28.0 38.5 110.0 70.0 150.0 150.
Boitumelo - downscale to 246 beds - 762.1 25.7 39.9 50.0 96.3 101.3 80.0 60.
Pelonomi - downscale to 346 beds - 745.5 30.5 7.9 18.1 58.5 65.8 90.0 111.
Upington - upgrade to 231 beds - 678.8 20.0 - 15.0 6.0 140.0 145.0 100.
Germiston - upgrade to 149 beds - 636.6 - 21.2 42.0 60.0 160.0 201.
Bophelong - 365 beds - 627.3 - - - - 3.0 55.0 88.
Valkenburg - 420 beds - 618.9 11.0 5.2 5.0 11.
Mt Ayliff Psychiatric - 355 beds - 613.8 - - - - 1.
National Hospital - 250 beds - 606.6 - - - - 4.0 50.0 60.
Hlabisa - new 308 bed - 597.9 - 52.0 12.5 30.8 110.0 117.0 121.
Brits - upgrade to 175 beds - 585.5 15.0 6.2 17.0 55.0 100.0 130.0 123.
Khayelitsha - new 230 beds - 546.1 - - - 59.0 98.0 110.0 100.
Mitchell's Plain - 230 beds - 509.3 - - - 33.3 90.0 105.0 100.
Dihlabeng - 155 beds - 495.2 - - - - 2.0 4.0 40.
Dr John Dube - new 250 beds - 492.0 - 0.2 9.
Free State psychiatriccomplex - 444 beds - 468.6 - - - 8.
Vryburg - upgrade to 120 beds - 460.9 30.0 81.5 75.7 129.5 78.
Rob Ferreira - downscale 212 beds - 456.3 21.9 20.8 32.1 104.4 115.0 75.
Moses Kotane - downscale - 455.4 50.0 93.0 89.3 62.1 75.
Brooklyn Crest - 420 beds - 452.0 - - - - 5.0 50.0 120.
MP Prov Psychiatric - - - 450.0 - - - - 9.0 95.4 140.
Paarl - upgrade to 326 beds - 427.9 49.0 45.6 81.6 118.4 101.0 17.
Mamelodi - upgrade to 250 beds - 335.9 51.9 89.7 100.0 36.0 11.
De Aar - upgrade to 190 beds - 331.6 17.0 37.9 8.0 6.0 100.0 85.3 80.
Ermelo - upgrade to 735 beds - 306.8 28.0 13.9 34.8 - 79.0 67.2 85.
St Elizabeth's - upgrade to 410 beds - 301.1 19.0 13.9 85.0 107.6 55.3 48.0 10.
Worcester - upgrade to 315 beds - 294.5 37.2 31.8 73.9 51.0 20.
St Lucy's - downscale to 154 beds - 278.6 26.0 67.5 94.1 68.6 27.0 10.
Themba - downscale to 212 beds - 272.5 12.8 9.8 23.9 59.7 105.0 33.
Frontier - upgrade to 400 beds - 229.3 35.5 29.2 61.0 62.9 45.3 63.0 5.
Lady Brand - 60 beds - 223.2 - - - - 26.0 32.7 56.
Madwaleni - new 220 beds - 222.4 - - - 23.6 50.0 47.2 62.
George - upgrade to 265 beds - 218.8 14.7 1.7 15.6 13.3 42.
Trompsburg - new 45 beds - 209.1 - - - 25.0 45.8 55.0 18.
Rietvlei - downscale to 205 beds - 200.1 20.1 12.5 - 26.4 15.
Postmasburg - upgrade to 55 beds - 173.7 - 5.
Dilokong - downscale to 252 beds - 166.5 56.8 28.2 5.8 11.
St Patricks - downscale to 245 beds - 162.1 - 24.7 29.0 45.4 57.0 45.5 13.
Thabazimbi - 112 beds - 162.1 - - - 2.0 60.6 41.7 38.
Letaba - upgrade to 400 beds - 161.2 - 16.5 52.2 81.4 12.
Ditsobotla - 108 beds - 156.1 - - - - 5.0 45.0 63.
Nkhensani - upgrade to 363 beds - 154.4 36.3 36.6 16.6 14.
Thabamoopo - 1152 beds - 144.3 - 9.1 47.6 73.0 19.
Vredenburg - upgrade to 80 beds - 144.2 13.6 5.5 16.0 20.4 25.3 70.
Maphuta Malatjie - downscale to 93 beds - 124.7 55.0 6.2 12.8 57.9 39.5 5.
Musina - - - 103.4 - - - 3.0 60.3 27.1 11.
Port Nolloth - - - 69.5 - - - - 1.0 2.0 42.
Barkly west - upgrade to 55 beds - 50.1 12.0 25.2 14.0 4.
Natalspruit - downscale to 500 beds - - 1.3 162.3 198.0 172.
Madzikane ka Zulu - upgrade to 267 beds - - 41.8 16.9 7.0 12.
Bedford - - - - - - - - 1.5 44.0 72.
Burgersdorp - - - - - - - - 1.0 5.8 47.
Nessie Knight - - - - - - - - 1.0 5.5 58.
Warmbaths - - - - - - - - 1.0 43.0 58.
Evhuxhakeni - - - - - - - - 1.0 43.0 48.
Philadelphia - - - - - - - - 1.0 2.0 70.
Lebowakgomo - upgrade to 241 beds - - 3.5 6.
Jane Furse - downscale to 252 beds - - 20.8 13.
Piet Retief - downscale 140 beds - - - 10.8 10.
Colesburg - upgrade to 35 beds completed - - 1.
Calvinia - downscale to 35 beds - - - 0.
Bambisana - - - - - - - - 1.0 4.0 46.
CN Phatudi - - - - - - - - - - 6.
Tintswalo - - - - - - - - - - 5.
CHB 1 - new 210 beds - - 7.0 18.
Other - - - 772.7 20.0 0.1 - 14.9 83.1 99.8 114.
Total 35 363.1 1 020.1 1 498.9 2 118.5 2 438.7 2 815.0 3 021.8 3 026.
<fn>GOV-ZA.4278415labourEn.2012-02-10.en.txt</fn>
Administration 392.5 390.4 - 2.2 414.4 440.
Service Delivery 777.1 744.3 0.8 32.0 815.8 864.
Employment and Skills Development Services/ Human 481.2 91.7 381.4 8.1 537.9 572.
Labour Policy and Labour Market Programmes 466.5 77.9 388.5 0.1 494.8 523.
Social Insurance 9.0 - 9.0 - 9.0 9.
Total 2 126.4 1 304.2 779.7 42.4 2 271.9 2 410.
Direct charge against the National Revenue Fund Skills development levy 7 750.0 - 7 750.0 - 8 424.2 9 148.
Total expenditure estimates 9 876.4 1 304.2 8 529.7 42.4 10 696.1 11 558.
Website address www.labour.gov.
The aim of the Department of Labour is to reduce unemployment, poverty and inequality through policies and programmes developed in consultation with social partners, which are aimed at: improved economic efficiency and productivity; skills development and employment creation; sound labour relations; eliminating inequality and discrimination in the workplace; alleviating poverty in employment; enhancing occupational health and safety awareness and compliance in the workplace; as well as nurturing the culture of acceptance that worker rights are human rights.
Purpose: Provide overall management, strategic support and advisory services to the department and ministry.
Purpose: Ensure implementation of and compliance with Department of Labour policies and programmes through monitoring, evaluation and inspections.
Purpose: Contribute to employment creation and skills development by promoting and monitoring the achievement of the objectives of the national skills development strategy and the national human resource development strategy.
Purpose: Provide for the establishment of an equitable and sound labour relations environment and the promotion of South Africa's interests in international labour matters through research, analysing and evaluating labour policy, and providing statistical data on the labour market, including providing support to institutions that promote social dialogue.
Purpose: Provide for administrative and other support services to the Unemployment Insurance Fund and the Compensation Fund, and manage government's contribution to the activities of these funds.
The Department of Labour aims to support key government policies through activities that will: contribute to the growth and development of the economy; increase the ability of the economy to create employment; address the needs of vulnerable and poor people in the second economy; promote social security as a contribution to poverty alleviation; and address racial and gender inequality.
The Decent Work country programme will be developed and rolled out by April 2009 in collaboration with the International Labour Organisation and in consultation with social partners. The programme focuses on strengthening support for existing skills development and employment services programmes in specific areas and on formulating new initiatives to deal with labour market challenges, especially in relation to creating employment and alleviating poverty. The four pillars of the Decent Work agenda are: fundamental principles and rights at work and international labour standards; employment and income opportunities; social dialogue and tripartism (collaboration between government, trade unions and employers); and social protection and social security. These will be dealt with in the context of related government reform processes and the department's constitutional obligations.
The draft framework document which gives effect to the integration of occupational health and safety and compensation competencies across government was finalised in 2008. Both the draft National Occupational Health and Safety Bill and the policy were developed, and the act is expected to be legislated and implemented by March 2011. The main objective of the policy is to reduce the number of work related accidents and diseases by promoting a culture of prevention. The secondary objective is to ensure equitable medical, rehabilitation and compensation benefits for victims of work related accidents and diseases.
The 2008 Skills Development Amendment Bill will bring about a number of developments, including: formally establishing the Quality Council for Trades and Occupations (which will have the same status as the Council for Higher Education and the Umalusi Council for General and Further Education) under the Ministry of Labour; establishing Productivity SA; listing the National Skills Fund as a public entity; introducing additional functions to the Institute for the National Development of Learnerships, Employment Skills and Labour Assessments to moderate artisan assessments; expanding the provision of employment services to work seekers; and introducing a register of artisans. These developments will: improve the quality of training, including more effective workplace learning; improve and sustain productivity in both the private and public sectors, which will save jobs and contribute to economic growth; improve the operational efficiency of the National Skills Fund to train more unemployed people, in line with national skills development strategy targets; provide increased access to learners for trade assessment; and professionalise and promote the training of artisans in response to labour market demands.
The department has also proposed certain amendments to the Income Tax Act (1962), aimed at providing equitable allowances for long term learnerships and apprenticeships and enabling employers to receive the full allowance for time and competency based modular training programmes.
The employment services system, developed in line with international best practice standards and International Labour Organisation conventions, includes an IT system to assist the department to provide a public employment service by registering work seekers and placement opportunities and providing job matching services for potential employers and work seekers. The system will help government to deal with unemployment, generate useful statistics, and support social security functions by integrating social insurance services. The system will also support: registration, career guidance and counselling services; recruitment and selection services; skills development services; information services; and special services, which include services provided to special interest groups like people with disabilities, retrenched employees and ex-offenders. It will position labour centres to improve matching supply and demand in the local labour market, and will align provincial skills development plans and interventions with provincial growth and development strategies.
Table 15.
R million 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 1. Administration 292.2 324.3 328.4 384.2 362.7 392.5 414.4 440.4 2. Service Delivery 532.3 594.6 656.8 702.3 642.2 777.1 815.8 864.4 3. Employment and Skills Development 117.4 139.0 540.1 178.5 172.7 481.2 537.9 572.
Labour Policy and Labour Market 349.0 388.6 417.5 472.1 466.5 466.5 494.8 523.
Social Insurance 4.9 7.0 5.9 10.5 4.7 9.0 9.0 9.
Subtotal 1 295.9 1 453.5 1 948.6 1 747.6 1 648.7 2 126.4 2 271.9 2 410.
Direct charge against the National 4 883.3 5 328.4 6 284.3 7 529.6 7 529.6 7 750.0 8 424.2 9 148.
Sector education and training authorities 3 906.7 4 262.7 5 027.4 6 023.7 6 023.7 6 200.0 6 739.4 7 319.
National Skills Fund 976.7 1 065.7 1 256.9 1 505.9 1 505.9 1 550.0 1 684.8 1 829.
Total 6 179.2 6 782.0 8 232.9 9 277.2 9 178.3 9 876.4 10 696.1 11 558.
Change to 2008 Budget estimate 14.7 (84.2) (244.4) (331.6) (123.
Current payments Compensation of employees 924.7 1 016.0 1 108.6 1 217.6 1 124.5 1 304.2 1 405.3 1 495.7 425.3 477.1 543.8 628.9 535.8 734.6 805.8 857.
Goods and services of which: 499.3 538.1 562.4 588.7 588.7 569.6 599.5 638.
Administrative fees 0.4 0.7 1.3 8.9 8.9 1.5 1.2 1.
Advertising 23.4 15.4 26.7 31.2 31.2 24.8 23.6 24.
Assets less than R5 000 5.8 12.2 6.6 13.2 13.2 11.6 10.1 9.
Audit costs: External 19.0 16.8 18.2 19.2 19.2 24.6 25.0 25.
Bursaries (employees) 1.6 1.6 2.4 3.3 3.3 2.8 2.9 2.
Catering: Departmental activities 0.8 3.3 4.9 5.4 5.4 5.5 5.4 5.
Communication 45.4 46.5 49.3 44.5 44.5 39.3 40.9 41.
Computer services 100.1 120.7 87.7 114.7 114.7 113.5 130.3 144.
Consultants and professional services: Business and advisory services 0.8 0.9 0.4 1.6 1.6 5.1 6.3 6.
Consultants and professional services: Infrastructure and planning 0.7 0.8 1.0 0.5 0.5 1.3 1.5 1.
Consultants and professional services: Legal costs 1.1 2.1 1.2 2.5 2.5 2.5 2.5 2.
Contractors 2.3 2.6 1.3 4.7 4.7 12.7 8.8 9.
Agency and support / outsourced services 20.4 19.6 29.3 30.2 30.2 27.3 26.1 28.
Entertainment 0.6 0.4 0.4 0.7 0.7 0.8 0.8 0.
Inventory: Food and food supplies 1.3 1.7 1.4 1.9 1.9 2.0 2.0 2.
Inventory: Fuel, oil and gas 0.4 0.5 1.2 1.1 1.1 1.1 1.2 1.
Inventory: Materials and supplies 1.9 2.6 4.4 3.7 3.7 0.0 0.0 0.
Inventory: Medical supplies 0.0 0.1 0.0 0.2 0.2 0.2 0.2 0.
Inventory: Other consumables 1.6 2.2 2.3 3.6 3.6 4.5 4.6 6.
Inventory: Stationery and printing 17.1 21.5 23.5 22.7 22.7 27.2 26.9 29.
Lease payments 80.0 72.7 78.2 88.5 88.5 103.7 114.3 124.
Owned and leasehold property expenditure 50.3 72.6 75.3 42.5 42.5 26.0 29.3 30.
Transport provided: Departmental activities 0.2 0.4 0.4 0.0 0.0 5.1 6.3 5.
Travel and subsistence 83.2 87.4 109.0 100.0 100.0 80.9 82.7 85.
Training and development 5.0 10.2 12.5 11.3 11.3 12.2 12.0 12.
Operating expenditure 7.2 3.8 5.3 7.0 7.0 11.0 12.4 13.
Venues and facilities 28.7 18.9 18.0 25.5 25.5 22.4 22.0 23.
Financial transactions in assets and liabilities 0.0 0.9 2.
Transfers and subsidies 5 242.0 5 738.8 7 112.7 8 021.3 8 015.5 8 529.7 9 273.8 10 047.
Provinces and municipalities 1.3 0.
Departmental agencies and accounts 5 181.5 5 677.0 6 655.6 7 904.2 7 898.4 8 156.7 8 860.6 9 617.
Public corporations and private - - 400.0 5.1 5.1 303.0 342.4 356.
Foreign governments and international 5.8 6.9 7.4 7.7 7.7 9.3 9.6 10.
Households 0.9 1.9 3.3 0.9 0.9 0.2 0.2 0.
Payments for capital assets 12.6 27.1 11.7 38.3 38.3 42.4 16.9 15.
Buildings and other fixed structures 5.5 15.4 6.3 27.3 27.3 30.6 6.8 7.
Machinery and equipment 7.1 11.8 5.4 11.0 11.0 11.8 10.2 9.
10.5 per cent, from R1.3 billion in 2005/06 to R1.8 billion in 2008/09.
The significant growth of 288.5 per cent in the Employment and Skills Development Services/Human Resources Development programme in 2007/08 is mainly due to a once-off allocation of R400 million to the Umsobomvu Youth Fund to facilitate youth development and employment creation. Additional funds of R966.4 million (R300 million in 2009/10, R340 million in 2010/11 and R356.4 million in 2011/12) are provided for the same purpose over the MTEF period, growing this programme's budget at an average annual rate of 47.5 per cent, from R178.5 million in 2008/09 to R572.5 million in 2011/12.
Direct charges against the National Revenue Fund provide for the transfer of skills development levies to the sector education and training authorities and the National Skills Fund, which is expected to grow from R7.5 billion in 2008/09 to R9.1 billion in 2011/12, at an average annual rate of 6.7 per cent. Direct charges are included under transfers and subsidies, which comprise on average 79 per cent of total departmental allocations over the MTEF period.
Between 2005/06 and 2008/09, expenditure on the Labour Policy and Labour Market Programmes programme grew at an average annual rate of 10.
the Commission for Conciliation, Mediation and Arbitration subprogramme for increased capacity at the commission the Sheltered Employment Factories subprogramme for a provident fund for wage workers and the salary alignment of staff at the sheltered employment factories. Spending on compensation of employees grew at an average annual rate of 13.9 per cent between 2005/06 and 2008/09, with growth slowing at an average annual rate of 10.9 per cent over the MTEF period. Expenditure on goods and services is anticipated to grow at an average annual rate of 2.8 per cent, from R588.7 million in 2008/09 to R638.6 million in 2011/12, due to cost containment measures.
Over the MTEF period, expenditure on payments for capital assets is expected to decrease at an average annual rate of 25.4 per cent, from R38.3 million in 2008/09 to R15.9 million in 2011/12, because projects at the Institute for the National Development of Learnerships, Employment Skills and Labour Assessments have been suspended as a result of ongoing concerns about the dolomite ground structure in the area. The project will start again, pending an investigation by the Department of Public Works.
The 2009 Budget provides additional allocations over the MTEF period of R320.7 million (2009/10), R358.4 million (2010/11) and R375.
the Umsobomvu Youth Fund (R300 million, R340 million and R356.
personnel inflation adjustments (R18.9 million, R17 million and R17.
capital inflation adjustments (R1.8 million, 1.4 million and R1.5 million.
R12.1 million in machinery and equipment due to the suspension of projects at the Institute for the National Development of Learnerships, Employment Skills and Labour Assessments.
Infrastructure spending grew at an average annual rate of 70.6 per cent between 2005/06 and 2008/09, rising from R5.5 million to R27.3 million, due to the construction of labour centres and provincial offices at Bochum, Jane Furse, Taung, Temba, Bronkhorstspruit, Garankuwa, Rustenburg, Mount Ayliff, Mamelodi, Mdantsane, Durban and Lusikisiki. These projects were registered at the Department of Public Works and are in various stages of development.
Funding over the MTEF period for projects in the design and tender recommendation stages amounts to R2.6 million in 2009/10, R3.8 million in 2010/11 and R4 million in 2011/12. The new projects arise because lease contracts have expired and no accommodation that meets Department of Public Works requirements is available. Several renovation and maintenance programmes for provincial offices and labour centres were registered by the Department of Public Works, with funding for these amounting to R25.5 million in 2010/11 and R26.8 million in 2011/12.
Revenue collected by the department is generated mainly from limited sales of goods and services, in particular from fees for trade tests, boarding, rentals and parking, levied by the Institute for the National Development of Learnerships, Employment Skills and Labour Assessments. Financial transactions in assets and liabilities comprise stale cheques, recoveries from the previous financial year, and breach of contract fees. Receipts from fines and forfeitures resulting from prosecutions in terms of labour legislation are channelled through the Department of Justice and Constitutional Development. The adjusted estimate for financial transactions in assets and liabilities grows significantly in 2008/09 due to the recovery of R15.3 million in 2007/08 for compensation of employees from the Compensation Fund.
Minister 1 1.0 0.9 1.1 1.6 1.7 1.8 1.
Management 18.2 19.9 23.6 34.4 34.2 35.3 37.
Corporate Services 149.3 172.1 147.7 175.6 180.0 186.1 195.
Financial Management 50.3 51.3 71.6 75.3 66.7 68.7 73.
Capital Works - 2.
Property Management 73.6 77.3 84.4 97.4 109.8 122.4 132.
Total 292.2 324.3 328.4 384.2 392.5 414.4 440.
Change to 2008 Budget estimate (3.0) (16.8) (20.0) (21.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Audit costs: External Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Legal costs Contractors Agency and support / outsourced services Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Households Payments for capital assets Buildings and other fixed structures Machinery and equipment Total 289.2 48.5 240.7 0.4 10.8 0.8 19.0 0.5 0.4 8.5 99.4 0.7 0.0 0.6 9.3 4.4 62.0 1.9 13.2 0.9 0.7 6.8 0.0 0.2 0.1 0.0 2.8 - 2.8 292.2 318.0 55.2 262.0 0.7 7.8 0.6 16.8 0.6 0.8 6.8 114.1 0.8 1.8 0.3 6.3 4.2 67.2 14.5 13.5 2.0 0.6 2.4 0.9 1.2 0.0 1.2 5.0 2.7 2.3 324.3 327.0 64.4 260.2 0.8 11.6 1.1 18.2 1.1 0.6 8.1 87.1 0.2 1.2 0.4 11.9 5.9 73.1 15.9 15.8 1.5 2.9 2.2 2.3 0.7 - 0.7 0.7 - 0.7 328.4 382.2 79.9 302.3 8.8 13.5 4.5 19.2 1.2 0.9 7.0 107.0 1.3 1.2 2.2 5.8 4.5 79.4 18.0 15.6 3.5 3.4 4.8 - - - - 2.0 - 2.0 384.2 390.4 89.4 300.9 0.9 6.5 3.8 24.6 0.5 0.4 7.0 112.2 1.0 1.3 2.5 3.1 6.2 92.9 19.8 10.9 2.2 1.4 3.4 - - - - 2.2 - 2.2 392.5 412.7 95.1 317.6 1.0 5.2 2.1 25.0 0.5 0.4 5.9129.0 1.0 1.31.3 2.3 4.3 101.5 21.8 9.6 1.7 1.1 2.3 - - - - 1.7 - 1.7 414.4 439.0 99.1 340.0 1.0 5.4 1.3 25.4 0.5 0.4 5.1 143.5 0.8 1.1 1.2 2.9 3.6 110.9 23.1 8.8 1.5 1.0 2.1 - - - - 1.4 - 1.4 440.
Expenditure in the Administration programme increased at an average annual rate of 9.5 per cent, from R292.2 million in 2005/06 to R384.2 million in 2008/09, and is expected to increase to R440.4 million in 2011/12, at an average annual rate of 4.7 per cent over the medium term. The fluctuating trend in spending in the Corporate Services subprogramme between 2005/06 and 2007/08 can be attributed to a decrease in expenditure on computer services in 2006/07.
Expenditure in the Management subprogramme increased by 45.6 per cent, from R23.6 million in 2007/08 to R34.4 million in 2008/09, as a result of the shift of the internal audit directorate from the Corporate Services subprogramme to this subprogramme. Spending by the Management subprogramme grew by 18.4 per cent in 2007/08 to R23.6 million due to renovations to the minister's office.
Over the MTEF period, the Property Management subprogramme, responsible for municipal services, accommodation and leases, grows strongly at an average annual rate of 10.7 per cent, rising from R97.4 million in 2008/09 to R132 million in 2011/12.
Spending on computer services decreased by 23.6 per cent in 2007/08 because projects that fall out of the scope of the Siemens IT public private partnership contract with the department have not been undertaken. Spending is set to rise at an average annual rate of 10.3 per cent over the medium term. Expenditure on machinery and equipment fluctuates over the seven-year period, depending on the number of posts filled each year.
Over the medium term, the department identified cost containment measures in this programme totalling R55.5 million in goods and services.
Management Support Services provides for the overall management and related support of the head office, provincial offices, labour centres and visiting points. Funding is mainly used for salaries, and other personnel related costs.
Beneficiary Services provides services to unemployed people and people injured on duty by administering, processing and finalising applications for payment. Funding is used to keep the budget line open for possible future requests from the Unemployment Insurance Fund.
Employment Services facilitates access to employment and income generating opportunities for the unemployed and underemployed by funding and implementing a range of policies and programmes. Funding is mainly used for transfers to the Deaf Federation of South Africa for wage subsidies, the South African National Council for the Blind, and the National Council for the Physically Disabled.
Inspection and Enforcement Services ensures that employers and employees comply with labour legislation through regular inspections. Funding is mainly used for paying labour inspectors, and related costs like travel and subsistence.
Labour Market Information and Statistics researches and monitors developments in the labour market by analysing the impact of various acts, inspection and enforcement services and employment services in the labour market. Funding is mainly used for salaries, and other personnel related costs.
Occupational Health and Safety promotes health and safety in the workplace by regulating dangerous activities and the use of plant and machinery. Funding is mainly used for salaries, and other personnel related costs.
By 2011/12, increase the percentage of work seekers placed in employment to 70 per cent of registered opportunities per year, using the employment services database.
Reduce unemployment by training 90 000 unemployed people per year, of which 70 per cent should be placed in employment by 2011/12.
Increase compliance by companies requesting foreign labour through the Department of Labour to 60 per cent of applications by 2011/12, using the employment equity and workplace skills plans.
Ensure decent work by implementing and enforcing compliance with all labour legislation at 75 per cent of inspected workplaces by 2011/12.
Reduce incidents in high risk industries by 18 per cent by 2011/12 by increasing awareness and compliance with the Occupational Health and Safety Act (1993).
A single integrated employment services system was rolled out to provincial offices and labour centres to improve access to these services. By the end of the first half of 2008/09, 10 930 placement opportunities were registered on the employment services system against the target of 6 000, compared to 15 364 placement opportunities registered at the end of 2007/08. In the same period, 8 205 work seekers were placed, against a target of 7 500, compared to 5 578 placed in 2007/08. 187 337 work seekers were registered on the employment services system, compared to 169 059 at the end of 2007/08, an increase of 18 281.
In partnership with the National Council for People with Disabilities, 4 141 registered work seekers were assessed and 4 115 referred to identified critical and scarce skills development programmes by the end of the first half of 2008/09, compared to 17 376 assessed in 2007/08. In 2007/08, the department subsidised the salaries of 11 placement officials, who placed 415 people with disabilities in employment opportunities.
In 2007/08, the following unscheduled inspections were carried out in high risk industries: 2 367 in the food and beverage industry, 1 937 in the construction industry, 2 566 in the agriculture sector, and 3 168 in the hospitality, taxi and security sectors. 319 inspectors and 468 shop stewards were trained to implement and enforce labour legislation in targeted high risk industries.
Spending over the MTEF period focuses on increasing inspections to improve employers' compliance with labour legislation, ensuring greater use of the employment service system to reduce unemployment, and developing the Decent Work agenda.
Management Support Services 180.4 213.7 247.7 231.1 246.8 217.2 228.
Eastern Cape 19.4 21.6 28.7 22.2 28.8 29.0 30.
Free State 11.2 12.0 18.6 15.2 15.7 15.8 16.
Gauteng South/North 28.1 36.8 43.6 42.8 44.8 44.9 46.
KwaZulu-Natal 16.5 22.3 27.3 23.2 27.9 27.8 28.
Limpopo 10.6 14.2 14.4 15.5 16.4 16.2 17.
Mpumalanga 10.4 12.3 15.8 15.6 17.4 17.4 18.
North West 9.4 12.2 14.7 14.7 15.4 15.1 16.
Western Cape 11.0 17.0 19.4 19.8 21.5 21.4 22.
Northern Cape 6.0 9.8 11.7 11.4 12.4 12.1 12.
Head office 57.8 55.5 53.6 50.8 46.6 17.3 18.
Employment services 117.3 126.0 129.6 163.1 173.6 199.6 212.
Eastern Cape 17.9 20.3 21.0 22.1 22.2 23.7 25.
Free State 8.9 9.7 9.6 12.7 13.0 14.0 14.
Gauteng South/North 22.2 23.8 22.5 30.9 32.3 34.5 36.
KwaZulu-Natal 16.7 17.6 14.6 19.6 23.0 24.4 26.
Limpopo 9.3 9.2 11.1 12.6 13.2 14.3 15.
Mpumalanga 11.5 11.8 12.5 13.6 15.5 16.5 17.
North West 8.1 9.0 10.3 11.7 12.8 13.7 14.
Western Cape 10.3 11.0 14.0 14.8 16.6 17.5 18.
Northern Cape 5.8 6.1 6.1 7.6 8.9 9.5 10.
Head office 6.7 7.6 7.9 17.9 15.9 31.5 33.
Inspection and Enforcement Services 206.1 226.8 243.4 266.5 314.4 353.9 375.
Eastern Cape 26.8 28.3 31.8 30.5 31.3 33.9 36.
Free State 16.1 19.9 18.8 20.1 22.7 24.3 25.
Gauteng South/North 43.8 51.3 56.2 63.1 67.7 73.2 78.
KwaZulu-Natal 33.9 35.7 42.0 45.5 49.6 54.2 57.
Limpopo 16.1 16.9 18.2 21.5 22.7 24.7 26.
Mpumalanga 15.8 19.5 19.1 22.5 24.0 26.1 27.
North West 16.5 17.2 17.5 18.6 20.3 22.4 23.
Western Cape 23.1 26.4 30.2 30.2 31.5 34.4 36.
Northern Cape 8.5 9.9 9.7 11.4 12.3 13.6 14.
Head Office 5.5 1.7 0.0 2.6 32.3 47.2 49.
Labour Market Information and Statistics 14.6 17.7 19.9 21.2 22.0 24.5 26.
Eastern Cape 1.6 2.3 2.3 2.3 2.6 2.8 3.
Free State 1.3 1.5 1.6 2.1 1.9 2.2 2.
Gauteng South/North 2.9 3.6 3.7 4.6 4.7 5.3 5.
KwaZulu-Natal 1.6 1.9 2.0 2.1 2.4 2.6 2.
Limpopo 1.4 1.9 2.4 2.2 2.4 2.6 2.
Mpumalanga 1.8 1.9 2.3 2.2 2.3 2.5 2.
North West 1.3 1.7 2.4 2.0 2.0 2.3 2.
Western Cape 1.6 1.7 2.1 2.2 2.3 2.5 2.
Northern Cape 1.1 1.3 1.1 1.7 1.4 1.7 1.
Occupational Health and Safety 13.8 10.3 16.1 20.5 20.4 20.6 21.
Head Office 13.8 10.3 16.1 20.5 20.4 20.6 21.
Total 532.3 594.6 656.8 702.3 777.1 815.8 864.
Change to 2008 Budget estimate 12.0 9.6 8.2 8.
Current payments Compensation of employees 522.3 579.5 645.9 671.5 744.3 807.8 856.2 314.9 356.1 403.6 458.3 545.5 605.0 643.
Goods and services of which: 207.3 223.3 242.3 213.1 198.8 202.9 212.
Administrative fees 0.0 0.0 - 0.0 0.6 0.2 0.
Advertising 0.9 0.9 2.8 4.6 4.3 4.4 4.
Assets less than R5 000 4.0 10.7 4.5 6.5 6.5 5.8 6.
Bursaries (employees) 1.0 0.9 1.3 1.9 2.1 2.1 2.
Catering: Departmental activities 0.3 2.3 3.9 3.5 4.0 3.9 4.
Communication 35.9 38.7 40.0 35.8 30.6 33.3 34.
Computer services 0.5 0.1 0.4 0.4 0.8 0.7 0.
Consultants and professional services: Business and advisory services 0.0 0.0 0.1 0.2 1.1 1.2 1.
Consultants and professional services: Infrastructure and planning 0.7 0.8 1.0 0.5 1.3 1.5 1.
Contractors 1.6 1.9 0.4 1.4 8.9 6.2 6.
Agency and support / outsourced services 4.8 3.4 3.9 17.5 12.0 11.7 12.
Entertainment 0.4 0.1 0.1 0.4 0.6 0.6 0.
Inventory: Fuel, oil and gas 0.2 0.4 1.0 0.8 0.8 0.9 1.
Inventory: Other consumables 1.0 1.5 1.6 2.0 3.4 3.4 3.
Inventory: Stationery and printing 8.3 11.9 12.6 13.5 15.0 15.5 16.
Lease payments 16.9 4.5 4.3 5.1 7.3 7.8 8.
Owned and leasehold property expenditure 46.4 56.1 57.9 24.2 5.6 6.4 7.
Transport provided: Departmental activities 0.2 0.4 0.4 0.0 5.1 6.3 5.
Travel and subsistence 59.6 65.2 83.0 72.4 58.9 59.1 61.
Training and development 2.9 6.7 8.5 5.9 8.1 8.4 9.
Operating expenditure 3.3 2.8 2.0 2.1 8.1 9.8 10.
Venues and facilities 18.4 13.8 12.3 14.4 13.6 13.3 14.
Transfers and subsidies 2.2 1.3 2.0 1.5 0.8 0.8 0.
Provinces and municipalities 0.9 0.